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HomeMy WebLinkAboutLUTC PKT 09-29-2003September 29, 2003 5:30 pm City of Federal Way City Council Land Use/Transportation Committee City Hall Council Chambers 2. 3. 4. MEE'I'~NG AGENDA CALL TO ORDER Approval of Minutes of the August 4, 2003, meeting PUBLIC COMMENT (3 minutes) BUSINESS ITEMS' Selection Process for Changes to the Development Regulations - Request to Allow Mini-storage in BN Zones Year 2003 Asphalt Overlay Project AG #03-045 Final Project Acceptance and Retainage Release 2004 Asphalt Overlay Program Preliminary Project List and Authorization to Bid Do Weyerhaeuser Way and S336th Street Roundabout 100% Design Approval and Authorization to Bid Ordinance to Create Steel Lake Management District No. I Bathymetry Mapping 2003/2004 Implementation of Commute Trip Reduction (CTR) Plans and Program Agreement w/WSDOT 2003/2004 Commute Trip Reduction Program; Professional Services Agreement with King County Metro Presentation on Annexation Issues Changing Sign Regulations for Freeway Oriented Businesses 5. FUTURE MEETiNGS/AGENDA ITEMS 6. ADJOURN Action Clark/lO min Action Salloum/5 min Action Salloum/lO min Action Salloum/5 min Action Bucich/10 min Action Bucich/10 min Action Perez/10 min Action Perez/5 min Action McClung/10 min Action McClung/5 min Committee I~lembers Eric Fa/son, Chair Dean McCo/gan M/chae/ Park K:\LUTC Agendas and Surrxnaries 2003\September 29, 2003, LUTC Agenda doc City Staff Kathy McClung, D/rector, Community Deve/opment Services Sandy L fie, Administrative Assistant 253.661.4116 August 4, 2003 5:30 p.m. City of Federal Way City Council Land Use/Transportation Committee City Hall Council Chambers MEETING MINUTES In attendance: Committee members Eric Faison, Chair, and Deputy Mayor Dean McColgan and Councilmember Michael Park; Council Member Linda Kochmar; City Manager David Mosely; Public Works Director Caw Roe; Deputy City Attorney Karen Kirkpatrick; Deputy Public Works Director Ken Miller; Street Systems Manager Marwan Salloum; Senior Planner Margaret Clark; Traffic Engineer Rick Perez; Surface Water Manager Paul Bucich; Associate Planner Rex Burhans; Assistant Traffic Engineer Raid Tirhi; Code Compliance Officer Martin Nordby; Contract Planner Janet Schull; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER Chair Faison called the meeting to order at 5:28 pm. APPROVAL OF MINUTES The summary minutes of the July 7, 2003, meeting were approved as presented. Condolences were expressed and a moment of silence was held to honor slain police officer Patrick Maher. 3. PUBLIC COMMENT There was no public comment on any item not included in the agenda. BUSINESS ITEMS A. Silver Lake NTS - 16th Avenue SW - Residents in the vicinity of 16th Avenue SW between SW 320th Street and SW 325th Place have requested the installation of traffic calming devices in that area based on concerns of high traffic speeds and cut-through traffic. Following a traffic study and balloting of the residents within 600 feet of the proposed speed hump, traffic calming devices were recommended and residents were advised about the next steps. The Committee recommended that the Council approve the Silver Lake Neighborhood Traffic Safety Project at its September 2, 2003, meeting. B. Zoning Changes to Neighborhood Business (BN) Zone - Four requests for zoning changes to the Federal Way City Code (FWCC) Chapter 22, the neighborhood Business Zoning Charts, were proposed by Young Chul Joe and Goo Ja Joe, owners of the Northshore Shopping area. The Committee discussed the proposed amendments and recommended forwarding the amendments to the BN Use Zone Charts as proposed by the Planning Commission with the addition of language to FWCC Section 22-722 that "retail establishments providing entertainment, recreation, or cultural services or activities" be allowed as a permitted use up to 25,000 square feet. First reading of the Ordinance amending the Zoning Changes to Neighborhood Business (13N) Zone will take place at the City Council's September 2, 2003, meeting. C. Over Sized Vehicle Ordinance - The Committee recommended that the Council approve the Planning Commission recommendation as amended by the Land Use Committee on Over Sized Vehicle Parking modifications at its September 2, 2003, meeting. Bud Ware, a local citizen, asked that maintenance equipment be included. He added that these vehicles should park in paved areas elsewhere. He also commented on motor homes and other large RVs detracting from the beauty of his neighborhood. The Committee's amendments to the Planning Commission recommendation include a reference to non-motorized trailer or other related equipment used for commercial purposes, incorporating heavy construction equipment in the ordinance, and exempting on-call tow trucks. D. Grant Funding Applications for Transportation Improvement Projects - The Committee m/sic recommendation of approval to the City Council at its September 2, 2003, meeting to authorize submission of grant funding applications for the TIB 2005 Funding Program for the Pacific Highway South HOV Phase III Project (South 284"' Street to Dash Point Road) and South 356th Street (First Avenue to Pacific Highway South). K:\LUTC Agendas and Summaries 2003V~,ugust 4, 2003, LUTC Minutes doc E. South 320th Street Utility Underground Conversion Agreement with Puget Sound Energy '-The Washington Utilities and Transportation Commission (WUTC) has revised its billing detail among other revisions. The effect to the City is that the South 320th Phase II (20~ Avenue South to 25th Avenue South) Undergrounding Project will cost the City 70% more than previously budgeted creating a $229,100 budget shortfall. In order to continue to move the project forward, the Committee recommended to the City Council at its September 2, 2003, meeting the approval of the transfer of $229,100 from the 23~d Avenue SW Road Improvement Project to fund the shortfall. F. Pre-Disaster Mitigation Program Competitive Planning Grant Public Notice of Application - The Public Works Department is applying for a FEMA Pro-Disaster Mitigation Program Competitive Planning Grant from the Washington State Emergency Management Division in the amount of $37,500 and requiring a $12,500 match. If successful, the money would be used for review and integration of multiple public and private disaster plans existing in the community in hopes of creating a better coordinated response in the event of a disaster. The Committee voted to recommend the City Council approve the grant application at its September 2, 2003, meeting. G. Speed Limit and On-street Parking Code Revisions - As part of a traffic calming plan developed as mitigation for Todd Beamer High School, the Committee recommended approval of draft code revisions in Section 15-59 lowering speed limits to 30 miles per hour from 35 miles per hour on 16t~ Avenue South between South 356th Street and South 364th Way and on South 364th Way between 12~ Avenue South and 16th Avenue South. The code would also reduce the speed limit on First Avenue South between SW 292nd Street and South 296th Place from 30 miles per hour to 25 miles per hour. The Committee approved changes to Sections 15-96 and 15-97 that delegate the authority of determining parking restrictions to the Public Works Director. The parking codes have not been updated since they were first adopted in 1990. The ordinance will go to the City Council for first reading at its meeting on September 2, 2003. H. 51st Avenue SW Storm Mainline Replacement (Crestview Shoreclub)/30% Design Approval and Authorization to Proceed to 100% Design - Surface Water Management staff have contracted with a firm on the City's Small Works Roster to design and replace the failed pipe that is part of the storm system serving a portion of 51St Avenue SW, whose outfall terminates at Puget Sound. The City was notified by the local residents that the separated pipe allowed water to spill out onto the steep slope, eroding soil around the pipe. A closed circuit camera inspection disclosed significant separation of the remaining joints and deformation of the pipe near the ouffall. The Committee recommended the City Council approve the 30% design of the 51st Street Storm Mainline Replacement Project and authorize staff to proceed to the 100% design stage at its September 2, 2003, meeting. FUTURE MEETINGS The next meeting will be announced later, at a time following the Labor Day holiday on September 1,2003. ADJOURN The meeting adjourned at 7:00p.m. I~LUTC Agendas and Summaries 2003~August 4, 2003, LUTC Minute.doc CITY OF ~ Federal Way September 22, 2003 To: 'VIA: FROM: Eric Faison, Chair Land Use/Transportation Committee (LUTC) David Mos~anager Kathy McClung, Director of Community Development Services Margaret H. Clark, AICP, Senior Planner Janet Shull, AICP, Planning Consultant SUBJECT: SELECTION PROCESS -- 2003 Amendments to the Development Regulations File No. 02-104161-00-UP MEETING DATE: September 29, 2003 I. BACKGROUND The Growth Management Act (GMA) requires jurisdictions to accept requests from citizens for amendments to their development regulations and comprehensive plans once a year. Prior to the September 30, 2002, deadline for accepting amendment requests for 2003, the City received one request to amend Federal Way City Code (FWCC) Chapter 22, Article XI, Division 6, "Neighborhood Business (BN) Use Zone Chart" (Exhibit A). This staff report will only address the requests for zoning text amendments. The requests for comprehensive plan amendments will be presented to the LUTC and Council at a future date. II. CHANGES TO DEVELOPMENT REGULATIONS PROPOSED The City has received the following request from Brian Lawler on behalf of the Irmas ~haritable Foundation to amend FWCC Chapter 22, Article XI, Division 6, "Neighborhood Business (BN) Use Zone Chart" (Exhibit A): A text amendment to allow public mini warehouse or storage facilities in the Neighborhood Business (BN) zone. III. REASON FOR COUNCIL ACTION Pursuant to Section 22-523 of FWCC Chapter 22, Article IX, "Process VI Review," the City Council shall hold a public hearing and select those docketed amendment requests it wishes to forward to the Planning Commission for further consideration. It is the City's practice that all City business be presented to a Council Committee, in this case the Land Use/Transportation Committee (LUTC), before Council deliberation. IV. PROCEDURAL SUMMARY FOR 2003 DEVELOPMENT REGULATIONS AMENDMENT PROCESS September 30, 2002 Deadline for Applications September 29, 2003 LUTC Meeting - The request for amending the BN Use Zone Chart will be presented to the LUTC for determination of whether it should be considered further. October 21, 2003 Public Hearing by City Council Ve STAFF ANALYSIS AND RECOMMENDATION 1. Zoning Code Text Amendment Request Brian Lawler of Lawler, Burroughs, and Baker, P.C., submitted an application for a zoning code text amendment on behalf of the Irmas Charitable Foundation to allow public mini- warehouse and storage in the BN zone. The Irmas Charitable Foundation owns 3.23 acres (four parcels) located on the west side of 21st Avenue SW, north of 356th Street (Exhibit A, Pages 8-11 of 13). 2. Background The property is undeveloped and, according to materials provided by the Abbey Road Group (ExhibitA, Page 3 of 13), has been on the market for almost a decade. The applicant further states that while there has not been any market interest in this property for any of the currently permitted uses in the BN zone, there is a market for a public mini-warehouse and storage facility. The property is currently zoned BN. Adjacent zoning and uses are (ExhibitA, Pagell of 13): Location Current Zoning Current Use North of subject Property RM - Multifamily Residential Multi-family residential (Westpointe Apartments) South of subject property BN - Neighborhood Business Commercial East of subject property RS - Single Family Residential Single-family residential West of subject property RM - Multifamily Residential Multi-family residential (Crystal Pointe Apartments) Selection Process -- 2003 Amendments to the Development Regulations September 22, 2003, LUTC Staff Report File No. 02-104161-00-UP/Document ID 24688 Page 2 There are currently 13 BN-zoned areas within the City located at: 1. SW 320m Street and 47th Avenue SW (Gino's Restaurant) 2. SW 320th Street and approximately 30t~ Avenue SW (Twin Lake Center) 3. SW 340th Street and Hoyt Road SW (Chevron Stations) 4. SW 356~ and 21st Avenue SW (Northshore Village and subject property) 5. South 348th and 1st Way South (Sound Internal Medicine) 6. 1st Way South and South 338th Street (BP Station) 7. SW 336th/sw Campus Drive and 21st Avenue SW (Fred Meyer/ Albertsons/Safeway) 8. SW 312~' and SW Dash Point Road (Dashpointe Village) 9. SW 312~ and 8th Avenue SW (Sam's Market) 10. SW 312th and 1 st Avenue South (Papa John's and 7-Eleven convenience store) 11. SW 330th and 1st Avenue South (The Quad) 12. Military Road and South 288th 13. West of the intersection of Redondo Way South and South Dash Point Road (Marine Hills Dental) Similar to the applicant's property, the majority of the existing BN-zoned areas listed above are adjacent to residentially zoned lands. One BN-zoned area, (located at 1st Way South and South 338th Street), is surrounded by Office Park (OP) zoning. Another BN-zoned area, (located at South 348th and 1st Avenue South), is across the street from a Community Business (BC) zoned area. The purpose of the BN zone according to the adopted comprehensive plan is to: "...provide convenient goods (e.g. groceries and hardware) and services (e.g. dry cleaners, dentist, bank) at a pedestrian and neighborhood scale close to adjacent residential uses. Developments combining residential and commercial uses provide a convenient living environment within these nodes. In the future, attention should be given to design features that enhance the appearance or function of these areas. Improvements may include sidewalks, open space and street trees, and parking either on street or oriented away from the street edge. The function of heighborhood business areas can also be enhanced by safe pedestrian, bicycle, and transit connections to surrounding neighborhoods." The following are the BN designation goal and policies: Goal LUG7: Provide neighborhood and community scale retail centers for the City's neighborhoods. LUP 40: Integrate retail developments into surrounding neighborhoods through attention to quality design and function. LUP 41: Encourage pedestrian and bicycle access to neighborhood shopping and services. Selection Process - 2003 Amendments to the Development Regulations September 22, 2003, LUTC Staff Report File No. 02-104161-00-UP/Document ID 24688 Page 3 e LUP 42: Encourage neighborhood retail and personal services to locate at appropriate locations where local economic demand and design solutions demonstrate compatibility with the neighborhood. LUP 43: Retail and personal services should be encouraged to group together within planned centers to allow for ease of pedestrian movement. LUP 44: Neighborhood Business centers should consist of neighborhood scale retail and personal services. LUP 45: Encourage mixed residential and commercial development in Neighborhood Business designations where compatibility with nearby uses can be demonstrated. LUP 46: Neighborhood Business areas should be served by transit. LUP 47: The City shall limit new commercial development to existing commercial areas to protect residential areas. Mini-warehouse and storage facilities are currently only allowed in the Community Business (BC) and Business Park (BP) zones. These zoning designations are primarily applied to lands adjacent to Pacific Highway South. The intent of the BP zone is to permit a mixture of light manufacturing, warehouse/distribution, office, and limited retail uses to serve the immediate needs in the area. The BC zone allows a large range of uses and is the City's largest retail designation in terms of area. There is presently one mini-storage business, Federal Way Self Storage, located in a BN zone west of the SW Dash Point Road/21 st Avenue SW intersection. This mini-storage was constructed prior to the 1990 Federal Way incorporation. Do other communities allow "public mini-warehouse and storage" use in neighborhood business-zoned areas? Staff reviewed other King County cities' zoning codes to determine if other communities typically allow any type of public storage facilities in comparable zoning designations. The following cities' codes/zones were reviewed: City Zone Allows Mini-Storage Auburn C-N No Burien CN No Kent NCC No Kirkland BN No Redmond NC No Sea Tac NB No Tukwila- NCC No Renton CC No CN Yes as a conditional uses. Must be part of a mixed-use development and no larger than 35,000 square feet. Selection Process - 2003 Amendments to the Development Regulations File No. 02-104161-00-UP/Document ID 24688 September 22, 2003, LUTC Staff Report Page 4 Of the cities noted above, none allowed mini-warehouse uses in their least intensive commercial zones. In all but one of the cities, these zones are neighborhood business zones with purposes similar to Federal Way's. The one exception is the City of Renton, as outlined below. Renton has a Convenience Commercial zone, (the least intensive retail use zone), that does not permit mini-warehouse. Renton's next most intensive retail'zone is the Center Neighborhood (CN) zone. This zone is most similar to Federal Way's BN zone. In Renton's CN zone, mini-warehouse use is allowed subject to a conditional use permit with a hearing before the Hearing Examiner. The mini warehouse must be part of a mixed- use development. Additionally, no single use can be greater than 35,000 square feet in Renton's CN zone, except by a conditional use permit. 4. Summary Even though mini storage facilities can be designed to lessen their big-box appearance, they still function as a big box auto/truck-oriented facility. Public storage users are quite unlikely to walk to and from storage facilities with their furniture, boxes of books, etc., even if they live on the same block. Public mini warehouse or storage facilities do not meet the purpose of the Federal Way BN zone, which is to, "...provide convenient goods...and services...at a pedestrian and neighborhood scale .... "When large portions of neighborhood business-zoned areas are developed with non-pedestrian oriented uses, it makes it difficult for the entire area to thrive. In addition, a review of other cities' zoning codes found that the majority of those reviewed do not allow mini-warehouse uses in neighborhood business zones. Of codes reviewed, only Renton's allowed mini-warehouse uses in a similar zone, based on a conditional use permit, public hearing before a hearing examiner, subject to being part of a mixed use development, and size restrictions. VI. SELECTION CRITERIA FWCC Section 22-523 stipulates eight criteria for selecting amendments for further consideration. 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. Staff Response: The City has not previously studied a request to allow public mini warehouse or storage facilities in the BN zone. However, the BN Use Zone Chart was recently reviewed to determine whether to allow churches, health clubs, and retail establishment providing entertainment, recreational, or cultural services or activities as permitted uses, and to increase the density of multiple family, which is already a permitted use. The City Council approved the following amendments to the Neighborhood Business (BN) Use Zone Charts on September 16, 2003: Selection Process -~ 2003 Amendments to the Development Regulations File No. 02-104 i 61-00-UP/Document ID 24688 September 22, 2003, LUTC Staff Report Page 5 (i) Allow churches as a permitted use; (ii) Allow health clubs subject to a 25,000 square foot limit; (iii) Allow retail establishments providing entertainment, recreational, or cultural services or activities subject to a 25,000 square foot limit and with a restriction that the uses be indoors only; and (iv) Increase the permitted multiple family residential density from 12 to 18 units per acre.. These changes should benefit all BN-zoned properties, as they will permit a greater variety of uses and greater intensity of residential development. However, these changes do not result in public mini warehouse or storage facilities being appropriate in the BN zone. Criterion #2: The proposed amendment is consistent with the overall vision of the comprehensive plan. Staff Response: Mini-warehouse and storage facilities are not consistent with the overall vision of the comprehensive plan for BN-zoned areas. The comprehensive plan vision for the BN zone is that of a pedestrian- and neighborhood-oriented area. Uses that are pedestrian-oriented have direct visual and physical access to people traveling on foot. In addition to the uses being pedestrian friendly, the comprehensive plan's vision for the BN zone is integration of BN uses into surrounding neighborhoods through attention to quality design and function. Even a well-designed mini-storage facility (with aesthetic treatment to mimic residential development for example), will not functionally integrate with surrounding neighborhoods. Public storage facilities are designed to keep clients' possessions secure necessitating limited access to and through the site. As a result they cannot be functionally integrated with either adjacent neighborhoods or businesses. Criterion #3: Whether the proposed amendment meets existing state and local laws, including the GMA. Staff Response: There is no language specifically related to this request in existing state and local laws, including the GMA. Criterion ibh 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. Staff Response: Allowing mini-warehouse or storage facilities as a permitted use in the BN zone would affect all 13 locations currently zoned BN and their adjacent residential uses. Furthermore, the BC and BP zones permit public storage uses. Allowing mini-warehouse or storage facilities in the BN zone will result in land use incompatibility and therefore, compromise the City's vision for neighborhood business areas and the BN zone as a whole. If the request meets the criteriaset forth in 1-4 above, it shall be further evaluated according to the following criteria (the request does not meet Criteria #2 and 4 above; however, staff has evaluated it pursuant to the remaining four criteria): Criterion #5: Whether the proposed amendment can be incorporated into Planned or active Selection Process - 2003 Amendments to the Development Regulations File No. 02-104161-00-UP/Document ID 24688 September 22, 2003, LUTC Staff Report Page 6 projects. Staff Response: This is the only request for changes to the development regulations received for the 2003 amendment cycle. However, as part of the 2002 Comprehensive Plan Amendments, the City Council gave staff direction to comprehensively review the BN zone in terms of allowable uses and need for new BN-zoned areas. Staff proposes to add review of the BN zone to the 2004 Planning Commission Work Program upon approval of the City Council. If the Council determines that this request should be considered further, it could either be reviewed as part of this year's work program, or incorporated into next year's comprehensive review of the BN zone. Criterion #6: 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 workloads, staffing levels, etc. Staff Response: This request will not require large-scale studies. However, it may be appropriate to defer it to the next year's work program based on the above staff response to Criterion #5. Criterion #7: Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. Staff Response: This request can be accommodated in this year's work program. Criterion g8: Order of requests received. Staff Response: This was the only request for changes to the development regulations received for the 2003 amendment cycle. VII. COUNCIL ACTION Pursuant to FWCC Section 22-523(d), based on its review of requests according to the criteria in Section VI 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 or delete an amendment for consideration. VllI. COUNCIL ACTION/STAFF RECOMMENDATION The Committee has the following options: 1. Recommend that the full Council not select the proposed zoning text amendment for further study. 2. Recommend that the full Council forward the proposed zoning text amendment for further study by staff and review and recommendation by the Planning Commission. Selection Process -- 2003 Amendments to the Development Regulations File No. 02-104161-00-UP/Document ID 24688 September 22, 2003, LUTC Staff Report Page 7 3. Recommend that the full Council include this request in the comprehensive review of the Neighborhood Business zone in 2004. Staff Recommendation: Staff recommends that the LUTC recommend to the full Council Option No. 1 above, that is not to forward the proposed zoning text amendment for further study. IX. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the recommendation to the full Council as follows: To not select the proposed zoning text amendment for further study as recommended by staff. To forward the proposed zoning text amendment for further study by staff and review and recommendation by the Planning Commission. To include this request in the comprehensive review of the Neighborhood Business zone in 2004. Eric Fai~on, Chai~ Dean McColgan LIST OF EXHIBITS F~xhibit A: Application for Zoning Text Amendment From Brian Lawler on Behalf of the Irmas Charitable Foundation 152003 Code AmendmentshMinist~xage\092903 LUTC Staff Report.doc/09/22/20034:32 PM Selection Process - 2003 Amendments to the Development Regulations File No. 02-104161-00-UP/Document ID 24688 September 22, 2003, LUTC Staff Report Page 8 21 A. venue Zo~i. ng Text A, me~:~dmen, t Pack. e Prepared For: h-mas Charitable Foundation 16027 Ventura Blvd; Suite 601 Encino, CA 98436 Prepared By: The Abbey Road Group LLC Land Development Manager September 2002 O ITi c c 923 Shaw Road Puyallup, WA 98372 253.435.3699 Fax 253.446.3159 EXHII~ ~ ~ PAGE__J~OF 1__~- Abbey Road Group LLC Job#: 02-123 Table of Contents · Narrative for Text Amendment · Master Land Use Application · Application for Amendment · Exhibit A- Vicinity Map · Exhibit B - Aerial PhotO · Exhibit C- Aerial Photo · Exhibit D- Adjacent Zoning Map Exhibit E- Community Business Zoning Code Exhibit F- Business Park Zoning Code EXHI6~ i il~ PAG E__2._O F~ Narrative for Proposed Zoning Text Amendmeni Sponsor: Irmas Charitable Foundation What: Add a new Section 22-731 -"Warehouse and storage" to Chapter 22 of the Federal Way Code, using the existing BN matrix, as follows: Use: Process: Minimum Lot Size: Minimum Required Yards: Height Special Regulations: Public mini-warehouse or storage facilities Process II None Front: 25 feet Side: 20 feet Rear: 20 feet 35 feet above average building elevation Warehouse/storage may include one accessory dwelling unit; Type I LandScaping, per {} 22~1565 Purpose: This proposal would allow a property in a BN zone to have a public mini-warehouse and storage facility on terms and conditions similar to properties in the BC zone, under Section 22-752 of the Federal Way Code. Rational: The applicant's undeveloped BN zoned property has been on the market for almost a decade. There has not been any market interest in this property for any of the currently permitted uses. However, there is a market for a public mini-warehouse and storage facility, to serve the needs of the general area. An alternative would to be seek a site specific rezone of this property from BN or BC or BP, both of which allow a public mini-warehouse and storage facility. However, to date, the City has not allowed any BC or BP zoning, except along the SR 99 corridor. Therefore, a site specific rezone from BN to BC or BP to accomplish this purpose is not realistic. The proposed text amendment preserves the BN zoning, but would add more flexibility to the range of permitted uses in the BN zone. Public mini-warehouse and storage facilities are compatible with BN zone uses. An example of a public mini-warehouse and storage facility currently in the BN zone is on 21 st Ave SW at SW 312 St, just west of Dash Point Village Shopping Center. Location: Parcel Numbers 2521039037. 2521039040, 2521039041, and 2521039051 - 2.23 acres - located at 35415 21~ Avenue SW in Federal Way, WA (King County). Zonihg: The site is presently zoned Neighborhood Business (BN) Adjacent Zoning_& Usc: North: Multi Family South: Neighborhood Business East: Single Family West: Multi Family Multi Family Residential Commercial Single F'amily P, esidential Multi Family Residential EXHIBB._. A Developable Area: 2.23 Acres -- Sensitive Areas: None Wetlands: None Drainage: Site naturally drains to the West Water: Provided by Lakehaven Utility District Sanitary: Provided by Lakehaven Utility District Storm Water: Existing storm drainage on 21st Ave Access: Access to site from the East utilizing 21st Ave SW Police: Provided by the City of Federal Way. Fire/Emergency Medical Services: Provided by the City of Federal Way Fire Department. Grading: TBD EXHiDi' A PAGE__q .... ;~ ~':: ~ "$ ~'~ .~,~, ~ ._ _ MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNITY D...EVELOPMENT SERVICES 33530 First Way South PO Box 9718 Federal Way WA 98063-9718 253-661-4000; Fax 253-661-4129 www.ci.federal-way.wa.us APPLICATIONNO(S): O~- -- [O t.( [(.~! - OO -- /-'~P Date: Project Name: 21st Avenue Re-Zone (Text Amendment to allow 'wharehouse storage' in BN zone. Property Address/Location: West of Intersection: 21st Ave SW & SW 353rd PL, Federal Way, WA Parcel Number(s): 2521039037, 2521039040, 2521039041, 2521039051 Project Description: Non Project Related. See Attached Narrative for Proposed Zoning Text Amendment Request PLEASEPRINT Type of Permit Required Annexation __ Binding Site Plan __ Boundary Line Adjustment X Comp Plan/Rezone (Text Amendment) Land Surface Modification Lot Line Elimination __ Preapplication Conference __ Process I (Director=s Approval) __ Process II (Site Plan Review) __ Process III (Project Approval) __ Process IV (Heating E×aminer=s Decision) __ Process V (QuasiAudicial Rezone) Process VI __.SEPA w/Project __ SEPA Only Shoreline: Variance/Conditional Use Shoat Subdivision Subdivision Variance: Commercial/Residential Required Information BN BN N/A N/A Zoning Designation Comprehensive Plan l)esignation Value of Existing Improvements Value of l'r~poscd hnpr~vcmcllts Uniform Building Code (tJB('): N/A Occupancy Type N/A Construction Type Applicant Name: Abbey Road Group (Gil Hulsmann) Address: P.O. Box 207 City/State: Puyallup, WA Zip: 98371 Phone: (253) 435-3699 Fax: (253) 446-3159 Email: ghulsmann @ abshernw.corn Signature: Agent (if Different than Applicant) Name: Address: City/State: Zip: Phone: Fax: Email: S ignat~} Owner Name: Address: City/State: Z/p: I>honc; Fax: Email: Signature: Brian L~w!er i L2. ~r '~o~0~ 999 Thi d Avenue; Suite 4750 Seattle, WA 98104 (206) 682-0191 (206) 682-3584 blawler@lbb-law.com lrmas Charitable Foundation 16(127 Ventura Blvd; Suile 601 Encino, CA 98436 EXHIBi',, A" PAGE OF._/ Bulletin #003 - October 30, 2000 Page I of I k:\ltandouts - Revised\Master Land Usc Application DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33530 First Way South PO Box 9718 Federal Way WA 98063-9718 253-661-4000; Fax 253-661-4129 www.ci.federal-way.wa.us APPLICATION FOR AMENDMENT TO THE DEVELOPMENT REGULATIONS Requests for Amendments to the Development Regulations a) Who may apply. Any interested person may apply for an amendment to the development regulations. 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 ~underline format (please attach additional pages if necessary). Add a new section 22-731, "Wharehouse and storage," to Chapter 22 of the Federal Way City Code, using the existing BN matrix as follows: Use: Process: Min. Lot Size: Min. Req. Yards: t-leigi~t: Special Regulations: Public mini-wharehouse or storage facilities Process II None Front: 25 feet Side: 20 feet Rear: 20 feet 35 feet above average building elevation Wharehouse/storage may include one accessory dwelling unit; Type I Landscaping per § 22-1565 d) Reference. Please reference thc code section of the development regulation and page number where located. Section 22-731 "Wharehouse and Storage" to Chapter [XH IBI ._ Bulletin #027 - May 7. 2001 Page I o1'2 k:\ltandouts - Revised\Dev Regs Amendment Application ge SUPPORT FOR THE AMENDMENT (Please fill out for all amendments) 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). Purpose: This proposal would allow a property in a BN zone to have a public mini- warehouse and storage facility on terms and conditions similar to properties in the BC zone, under Section 22-752 of the Federal Way Code. Rational: The applicant's undeveloped BN zoned property has been on the market for almost a decade. There has not been any market interest in this property for any of the currently permitted uses. However, there is a market for a public mini-warehouse and storage facility, to .serve the needs of the general area. An alternative would to be seek a site specific rezone of this property from BN or BC or BP, both of which allow a public mini-warehouse and storage facility. However, to date, the City has not allowed any BC or BP zoning, except along the SR 99 corridor. Therefore, a site specific rezone from BN to BC or BP to accomplish this purpose is not realistic. The proposed text amendment preserves'the BN zoning, but would add more flexibility to the range of permitted uses in the BN zone. Public mini-warehouse and storage facilities are compatible with BN zone uses. An example of a public mini-warehouse and storage facility currently in the BN zone is on 21st Ave SW at SW 312 St, just west of Dash Point Village Shopping Center. 3. SIGNATURE Signature/ Brian Lawler Print Name Date 999 Third Ave; Suite 4750, Seattle, WA 98104 Address (206) 682-0191 Telephone No. If you have any questions about filling ()ut this application form or thc amendment process, please contact the Department of Community Development Services at 253-661-4115. Please be advised that an application for a development regulations amendment lacking the required information will not be accepted. Bulletin gO27 - May 7, 2001 Page 2 o1'2 k:\Handouts MS Id taO~ -~ 12th Ave SW 19th Ave SW 2N O 0 J 55th Ave NE Cc) B ~N aA~' UiZc5 DJ Z ARS aA¥ :ls!.7 MS OA'~' pJ£g 3N OA¥ pug9 61st Ave NE Norpoint Way NE Z 3N g 11th Ave SW 13th Ave SW MS oAV 15th Ave SW 18th Ave SW AAS aAV L[~O~ LU Z LtJ '~ Z CD Oq Norpoint Way NE 0 U OAb, ttlZg z ~N OA¥ Ull9g c~ [tJ z EXHIBi-i. .... 'E PAG J _ "',,~en ue Zoning Text Amendment Area SW 356~h St '~il. riExhibit B Site r 21-*-t Avenue Zoning Text Amendment Area SW 353th St !xhib;' C S;*e LEGEND: 21 st AVE ZONING TEXT AMENDMENT BN = NEIGHBORHOOD BUSINESS ~. DEVELOPMENT AREA G~mC sc~u~ E I RM MUL~ FAMILY RESIDEN~AL ADJACENT ZONING RS SINGLE FAMILY RES~DEN~AL ~ OmERSHIP/DE~LOPMENT AREA :::::::::.: .......,................ ...? ....~ ¢ ~ , / / , · , : __ : /// . ~ L :~ ~ 1 ~ ~ - . (hi,it D 22-752 Bulk retail - Warehouse and storage. The following uses shall be permitted in the community business (BC) zone subjec.t to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST. read down to find use... THEN, across for REGULATION5 Z Mininmms ~ ~ Required Yards ~ ZONE < ~ ~ BC ~. c~ ~'~'~ .~'~ ~ ~ ~ :~ ~ ~ SPECIAL REOULATIONS AND NOTES Bulk retail sales Process None 25 ft.20 ft.20 ~t.35 ft. 1 for each 'I. If approved ttuough process III. the height of a structure may exceed 35 ft. above average building elevation to a maximum of of lumber, paint, II 35 ft.20ft. 20ft. above 300sq. fl. 55 ft., if all of the following criteria are met: a. The additional height is necessary to accommodate the particular use conducted in the building; and glass, plumbing, ~ossible 50 ft.20 ft.20 ft.average of gross b. The subject property does not adjoin a residential zone; and electrical and Process building floor area c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft. above average heating fixtures Ill See notes 2, 6, 9 elevation ~uilding elevation; and and 13 d. The increased height will not block views designated by the comprehensive plan; and and supplies; bulk e. The increased height is consistent with goals and policies for the area of the subject property, as established by the household goods See note Seenotes I ~omprehensive plan. and furnishings; I and 6 2. Front yard setback: 25 ft. if enn3, is visible from right-of-way and front facade is 15% glass; 35 ft. if landscape buffer and wholesale and stormwater facilities are located in the front yard or 50 ft. if parking and driving areas are located in front yard· 3. Retail uses may include an ancillary office utilizing no more than 30% of the combined gross floor area of the development. retail nursery ,t. The subject property must be designed so that any truck parking, loading and maneuvering areas; areas where noise generating stock; includes mtdoor uses and activities may occur; and vents and similar features are located as far as possible from any residential zone and "big box" retail secondarily, from any public R.O.W. 5. If any portion of a structure on the subject property is within 100 ft. of a residential zone. then that portion of the structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of 20 ft. from the property line ' Retail sale of ~f the residential zone. grain, seed, 6. Warehouse/storage may include one accessory living facility. fencing, hay and 7. For warehouse/storage facilities the required yards must he planted with Type I landscaping per in § 22-1565 et seq. of this other agricultural chapter. 8. Recreational vehicle parking lots provide temporary storage of recreational vehicles on an overnight basis for a period 'of time supplies not to exceed one week. 9. Recreational vehicle parlcing lots must provide: Public mini- 1. Type III 20-ft. landscape buffer along public rights-of-way; and warehouse or 2. Type I 15-lc landscape buffer along property lines abutting any residential zone; and 3. Type III 10-ft. landscape buffer along all other property lines.. storage facilities I 0. Outdoor use, activity and storage is regulated by § 22-1113. 1 I. No maximum lot coverage is established. Instead. the buildable area will be determined by other site development  ~arl~ots for requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. ~m~pr~y storage 12. For community design guidelines that apply to the project, see Article XIX. ~' redUCtional 13. For landscaping requirements that apply to the project, see Article XVII. 14. For sign requirements that apply to the project, see Article XVIII. ~ehi~I']' 15. Refer to § 22-9~t6 et seq. to determine what other provisions of. this chapter may apply to the subject property. ~ro(lYJ~.' Il, III and 1V are described in~ ; ~ For other information about parking and parking areas, see § 22-1376 et seq. ,,,~. -361 - 22-370, . For details of what may exceed this height limit, see § 22-1046 et seq. ~ 22-386 - 22-411. For details regarding required yards, see § 22-1131 et seq. · 22-431 - 22-460 respectively. }rd. No. 96-270, § 5, 7-2-96; Ord. No. 9%291, § 3, 4-1-97) 22-864 Warehouses, wholesale distribution - Storage yards - Rental facilities. (Continued) USE ZONE CHART )IR£CT10NS: FIRST, read down to find use... THEN, across for REGULATIONS ZONE BP SPECIAL REGULATIONS AND NOTES 5. If any portion of a structure on the subject property is within 100 ft. of a residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of 20 ft. from the property line of the residential zone. 6. May not conduct any activity or use on the subject property that involves the release of toxic or noxious gases, fumes or odors. · Public mini-warehouse and storage facilities may include accessory living facilities as defined by § 22-1. :. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development uirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 9. For community design guidelines that apply to the project, see Article XIX. 10. For landscaping requirements that apply to the project, see Article XVII. 11. For sign requirements that apply to the project, see Article XVIII. 12. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. 13. The development must contain at least 1.5 acres; provided, however, this use may be conducted on a lot of any size if: a. The lot lines defining the lot were lawfully created prior to the March 1, 1990; and b. The applicant has not owned any contiguous lot or lots since March I, 1990. Ifacilities excluding heavy equipment -- For other iflformation about parking and parking areas, see § 22-1376 et seq. details of what may exceed this height limit, see § 22-I046 et seq. ~ For details regarding required yards, see § 22-I 131 et seq. -~,31 - 22-~.§0 respectively. '~0-43, § 2(65.20), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 96-270, § 5, 7-2-96; Ord. No. 97-291, § 3, 4-1-97) ° leral Way DATE: TO: FROM: VIA: SUBJECT: September 29, 2003 Eric Faison, Chair Land Use / Transportation Committee \ Marwan Salloum, Street Systems Manager~ David H. Mg~~Manager Year 2003 Asphalt Overlay Project. AG #03-045; Final Project Acceptance and Retainage Release BACKGROUND Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet both State Department of Revenue and State Department of Labor and Industries requirements. The above referenced contract with ICON Materials is complete. The final construction contract amount is $1,886,375.69. This is $376,299.81 below the $2,262,675.50 (including contingency) construction budget that was approved by the City Council on April 1, 2003. Staff will be present at the September 29, 2003 Land Use / Transportation meeting to answer any questions the Committee may h, ave. RECOMMENDATION Staff recommends placing the following item on the October 7, 2003 Council Consent Agenda for approval: Final acceptance of the completed 2003 Asphalt Overlay Project, constructed by ICON Materials, in the amount of $1,886,375.69, as complete. A~PPROVAL OF COM M ITTEE REPORT: Eric Faison, Clmir Michael Park, .Metal)er Dean McColgan, Member MS:ss 2003 Asphalt Overlay Project File Day File k:\lutc",2oo3L2OO3 OVERLAY FINAL.doc %eral Way DATE: September 29, 2003 TO: FROM: VIA: SUBJECT: Eric Faison, Chair Land Use / Transportation Committee Marwan Salloum, Street Systems Manager David H. Mo~anager 2004 Asphalt Overlay Program Preliminary Project List and Authorization to Bid BACKGROUND Public Works staffhas developed a list of recommended streets for the 2004 Asphalt Overlay Program. The total estimated budget for the program is $1,305,882 and is comprised of the following: 2004 Overlay Budget 2004 Structures Budget 2003 Carry Forward (estimate) Total Funding Available $786,882 $119,000 $ 400,000 $1.305.~882 The $119,000 from the Structures budget is for the City's annual Sidewalk Replacement Program, and will cover the costs associated with the replacement of substandard wheelchair ramps, and repairing existing curb, gutter, and sidewalks within the overlay project area. The following is a preliminary list of Streets to be included in the 2003 Asphalt Overlay Program. The streets were selected using the City's Pavement Management System and were verified by field reconnaissance. The costs shown are estimated and will be refined as the design of each schedule is completed. A project vicinity map and more detailed area maps are attached for your information. Schedule A South 312th Street (SR99 to 4th Ave S.) $324,000 Schedule B Redondo Way (City Limit to Dash Point RD) $198,600 Schedule C 16th Ave South (Dash Point to S305th St.) $72,700 Schedule D Mirror Lake $280,000 Schedule E Green Gables $271,000 Schedule F S364th Way/S359th Street $130,000 Estimated Subtotal Construction Project Costs $1~276~300 10% Construction Contingency Pavement Management System In-house Design Construction Administration City's Administrative Fee Printing and Advertising Estimated Total Program Cost $127,630 $20,000 $70,000 $71,881 $72,062 $3,500 $1.641.37~3 The estimated cost of $1,641,373 is a preliminary figure used for estimating purposes only and includes construction administration, ten percent construction contingency, in-house design and construction management, printing and advertising. The 2004 Asphalt Overlay project will be awarded within the above identified overlay construction budget. Once Council approves the list of streets for the overlay program, staffwill begin the final design. The anticipated date for advertising is March 2004, with construction beginning in May 2004. RECOMMENDATION Staff recommends the following items be placed on the October 7, 2003 City Council consent agenda: 1) 2) Approve the list of streets for the 2004 Asphalt Overlay Project Authorize staff to bid all or part of the 2004 Asphalt Overlay Project and retum with a request for permission to award the project within the available 2004 asphalt overlay budget to the lowest responsive, responsible bidder. REPORT:. ':~" ..... ' ' ?: Dean McColgan? Memb,er .' MS:ss cc: Project File Day File k:\lutc',2003 ~2004overlaylist2.doc V A - S 312th Street B - Redondo N C - 16th Avenue S N D - Mirror Lake N E - Green Gables N F - S 359th & S 364th Preliminary List 2004 Overlay Project Vicinity Map Note: This map is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy. S 3O5 ST ST - S 309 ST S 312 ST 306 ST 309 ST 309 PL 310 PL S 308 ST r,_) S 314 S 313 ST S 316 PL ST S315 S 316 ST S 316 ST S 317 ST Preliminary List 2004 Overlay Project S 312th Street N Map Primed-Aug 20 200? Map made by KCM Note: This map is intended for use as a graphical representation o~ly. The City of Federal Way makes no warranty as to its accuracy. S 293 PL 12 S 289 PL S 290 S 291 PL ,.o S 295 PL S 29~ N Preliminary List 2004 Overlay Project Redondo Map made by KCM Note: This map is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy. 295 PL 302 S 304 ST S 300 ST S 302 SI > S 303 SI S 296 ST ~ 98 STS S 300 ST S 301 ST S 301 PL S 304 ST 302 PL 295 S 305 PL Preliminary List 2004 Overlay Project 16th Avenue S N Map Printed-Aug 20 200* Note: This map is intended for use as a graphical representation only. Map made byKCM The City of Federal Way makes no warranty as to its accuracy. ou~ e~ 308 SW > ~ E c~ 309 c~ > > ·, PL ' > < ~W 312 S~ ~:i:~t:cT~ 311th CT 313 ST ~ / ~ ~! SW314PL ~ . ~ls~- ~ ~-, ~ /316ST J SW316PL ~ ==~_~SW31~T ~ ~ . ~l I SW316ST .Bw 32o ST SW 320 PL SW 320 PL 320 SW 321 ST ST 324 ST N Preliminary List 2004 Overlay Project Mirror Lake Map made by KCM Note: This map is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy, 320 PL 321 PL 322 PL SW 324 PL SW 325 PL SW 327 PL SW 327ST SW 33( SW CT CT PL. 'W 325 ST P~ ST CT  SW 329 -~ ~ SW 329 PL -~ _,xoRE PKW¥ SW ~- 333 ~ ~ PL ~ N Preliminary List w~ E 2004 Overlay Project Map Printed-Aug 20, 20~' Green Gables Map made by KCM Note: This map is intended for use as a graphical representation only. The City of Federal Way makes no wan'anty as to its accuracy. S 356 ST S 359 ST S 364 ST $ 364 Preliminary List 2004 Overlay Project S 359th & S 364th S 369 ST Map Printed-Aug 20 2003 Map made by KCM The City of Federal Way maKes no warran[y as [° ~s ec Y' CITY OF Federal Way DATE: September 29, 2003 TO: FROM: VIA: SUBJECT: Eric Faison, Chair Land Use / Transportation Committee Marwan Salloum, Street Systems Manager (~~-'~- David H. ~Manager - Weyerhaeuser Wdy and S336th Street Roundabout Project- 100% Design Approval and Authorization to Bid BACKGROUND: This project status report was presented to the LUTC on June 2, 2003. Shortly thereafter and before this status report was presented to the City Council the Weyerhaeuser Company requested revision to the project scope by deleting construction of the Turn Lanes portion of the project (a left-turn lane at Weyerhaeuser's Headquarters driveway (S336th Street) as well as the Weyerhaeuser Technology Center driveway (Weyerhaeuser Way)). Therefore we are before the committee with a revised project scope and a revised 100% design status report and budget. PROJECT ESTIMATED EXPENDITURES: Planning and Design Right of Way Acquisition Year 2003 Construction (Roundabout) 10% Construction Contingency for Roundabout 12% Construction Management for Roundabout TOTAL ESTIMATED PROJECT COSTS $163,700 2,500 782,950 78,290 93,950 $1,121,390 For both Roundabout &Turn Lanes All required right of way will be dedicated by the Weyerhaeuser Company Engineer Estimate AVAILABLE FUNDING: Weyerhaeuser Company Transfer' in Street CIP Fund Transfer in Overlay Fund Mitigation Interest Earning TOTAL AVAILABLE BUDGET $592,545 215,999 59,000 168,414 17,462 $1,053,420 50% of project cost for Roundabout and 100% of project cost for design of Turn Lanes (See attached project funding agreement) PROJECT BUDGET SHORTFALL $67,970 At this time this project budget has funding shortfall of $67,970. Staffis not requesting a budget adjustment for this project at this time. After project bid opening the total project costs and funding will be refined and presented to the committee and Council at project bid award presentation. A proposed project funding agreement between the Weyerhaeuser Company and the City of Federal Way is attached to this memo for committee review and approval. RECOMMENDATIONS: Staffrecommends placing the following items on the October 7, 2003 Council Consent Agenda: 1. Authorize staff to enter into the proposed funding Agreement with Weyerhaeuser Company for the construction of Weyerhaeuser Way and S336th Street Intersection Improvements Project 2. Approve the 100% design plans for the Weyerhaeuser Way and S336th Street Roundabout and authorize staff to bid the project at an appropriates time and return to the City Council for authority to award the project to the lowest responsive, responsible bidder. APPROVAL OF COMI~,IITTEE REPORT: .. /, ,.. ,,.. . ~,!.i::i!::':(..':. .,,~ :,~: .. :~ 77 .. .. Eric Faison, Chair ' Dean MCColgan, Member ,...;. ::.Miehael.~ar~,M~"~ber ~ MS:ss cc: Project File Day Fi.le k:\lutcX2003\Weyerhaeuser Roundabout project- 100% Status Report revised.doc After recording, return to: Federal Way City Attorney's Office 33530 1st Way S. Federal Way, WA 98003 PROJECT FUNDING AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND WEYERHAEUSER COMPANY FOR THE WEYERHAEUSER WAY AT SOUTH 336TM STREET ROUNDABOUT AND TURN LANES PROJECT THIS AGREEMENT is made and entered into this __ day of between the City of Federal Way (hereinafter "City") and Weyerhaeuser "Weyerhaeuser"), collectively referred to herein as the "Parties". , 2003, by and Company (hereinafter WHEREAS, the City proposes to proceed with the Weyerhaeuser Way at South 336th Street Roundabout Project; and WHEREAS, weYerhaeuser has requested the addition of turn lanes design at its West Corporate and Tech Center entrances as a part of the Roundabout Project; and WHEREAS, a partnership between the City and Weyerhaeuser benefits Weyerhaeuser, the City and the traveling public within the East Campus area by improving safety and access to Weyerhaeuser Facilities; and WHEREAS, The City has authority under SEPA, RCW 82.02.020, and Federal Way City Code Section 19-46 to require the dedication of land where reasonably necessary as a direct result of a proposed development application, and to enter into a voluntary agreement with an applicant to provide for payment by the applicant to mitigate the direct impact that has been identified as a consequence of a proposed development; and WHEREAS, The City has authority under RCW 36.70B.170-.210 to enter into a development agreement to delineate mitigation that will be required as part of the Project; and NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: ~ I. Desiqn and Construction. The Project shall include design and construction of a Roundabout at the intersection of Weyerhaeuser Way and South 336th Street (the "Roundabout"), and design only for a left turn lane from Weyerhaeuser Way into the Weyerhaeuser Corporate Tech Center, and both right and left turn lanes from South 336th Street into Weyerhaeuser's corporate headquarters (the "Turn Lanes") as depicted in the Project plans attached hereto as Exhibit A and incorporated herein by reference. Page 1 II. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. Weyerhaeuser grants to the City Public Works Director and/or his or her designee authority to act on behalf of Weyerhaeuser sufficient to carry out the provisions of this Agreement. B. Weyerhaeuser shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the Turn Lanes design Work and the design and construction of the Roundabout, which changes shall be made, if feasible. The City shall notify Weyerhaeuser, in writing, of any changes required of the Turn Lanes design Work and shall obtain Weyerhaeuser's approval of such changes in excess of 10% of the total Project costs as identified in Exhibit B attached hereto and incorporated herein by reference. Weyerhaeuser's approval shall not be unreasonably withheld. Weyerhaeuser shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by Weyerhaeuser. III. RIGHT OF WAY DEDICATION. Weyerhaeuser shall donate to the City any and all property needed for additional right of way to complete the project as directed by the City's Director of Public Works and identified on Exhibit A attached hereto. IV. PAYMENT. A. Weyerhaeuser shall reimburse the City for all costs incurred by the City in performing the Turn Lanes design Work, which costs shall include but are not limited to the Turn Lanes Work performed by the Project designeras described in Exhibit B. B. Weyerhaeuser shall reimburse the City for fifty percent (50%) of the total project costs incurred by the City in performing the Roundabout Work, which costs shall include but are not limited to the Roundabout Work performed by the Project designer, the Project contractor(s), all Weyerhaeuser requested changes, and Weyerhaeuser's cost of the City services described in Paragraph II (a) herein, and as described in Exhibit B. C. All payments shall be due from Weyerhaeuser to the City within thirty (30) days after receipt of an invoice from the City. Amounts unpaid after said due date shall accrue interest at a rate of one ('1) percent per month. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold Weyerhaeuser, its officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to 6r by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its elected officials, agents or employees, or by the City's breach of this Agreement. B. Weyerhaeuser agrees to indemnify and hold the City, its elected officials, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, Page 2 licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of Weyerhaeuser, its officers, agents or employees, or by Weyerhaeuser's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until the City Council accepts the completion of the project and all costs due under this Agreement have been paid by Weyerhaeuser. VII. MAINTENANCE. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, traffic signals and all other appurtenances related thereto. The City agrees to incorporate "rural" street landscaping in conjunction with the construction of the Project. Weyerhaeuser shall be responsible for perpetual maintenance of such landscaping. In the event that Weyerhaeuser fails to maintain the landscaping in a manner satisfactory to the City, the City shall have the right, at Weyerhaeuser's sole expense, to maintain the landscaping. This provision shall not create any duty on the City to maintain the landscaping. VIII. OTHER PROVISIONS. A. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. B. This Agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and Weyerhaeuser. Adherence to deadline dates is essential to the performance of this Agreement. C. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way a~ffect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. I'N WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. Page 3 C~q'Y OF FEDERAL WAY ~)avid H. Moseley, City Manager APPROVED AS TO FORM: WEYERHAEUSER COMPANY Debra Hansen Vice President Weyerhaeuser Business Services Patricia A. Richardson, City Attorney ATTEST: N. Christine Green, CMC, City Clerk STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) On this day. personally apjoeare, d before me "D~I~(~¢..,~ I'~O..~..%~-¢'i , to me known to be the Wc~ ~~ of ~,~~ ~i~ ~(¢.~, the corpora[ion that executed the foregoing instrument, and acknowledged the said instrument to be the free and volunta~ act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this I~day of ~~ ,200~. ~/(nota~sig~atureL ~ .0 (type~/printed name of no~) Nota~ Public in and for the State of Washington. My commission expires t~~ 16 ~ Z~ K:\Street\P roject\Weyerhaeuser~greementt 3 Page 4 15' 70'~ 5~CTION ' A-A ' 70'1~ ~'~AV~LED VICINITY MAP EXHIBIT B-1 WEYERHAEUSER WAY SOUTH 336TH STREET TURN LANES Estimated Project DesignCost ESTIMATED DESIGN COST: Estimated design costs (The Transpo Group) $63,113.00 TOTAL ENGINEERING COSTS $63,113.00 ESTIMATE CONSTRUCTION COST: (NOT PART OF THIS AGREEMENT) ITEM UNIT QTY Unit Price Total Mobilization LS 1 Traffic Control Labor HR 160 Construction Surveying LS 1 Roadside Cleanup FA ! Asphalt Concrete Sawcutting LF 2506 Clearing and Grubbing LS 1 Roadway Excavation, Including Haul CY 710 Gravel Borrow, Including Haul TN 1275 CSTC for Pavement Repair & Widening, Including Haul TN 790 Cold Mix Asphalt TN 20 Asphalt Concrete Pavement Cl. A TN 1430 ACP Cl. A for Pavement Repair & Rdwy Widening TN 680 Catch Basin Type I EA 4 Catch Basin Water Quality Insert EA 3 Corrugated Polyethylene Storm Sewer Pipe, 8" Diam. LF 40 Corrugated Polyethylene Storm Sewer Pipe, 12" Diam. LF 81 Ductile Iron Sewer Pipe, 12" Diam. LF 74 Adjust Catch Basin EA 3 Raise Water Valve Box EA 8 Adjust Manhole EA 4.00 Adjust Power Vault Cover EA 1 Raise ]unction Box EA 1 Construct, ion Geotextile for Underground Drainage SY 664 Gravel Backfill for Drains CY 115 Backfill for Sand Drains CY 45 Topsoil, Type A CY 30 Seeding and Mulching ACRE 0.6 Raised Pavement Marker, Type 2 HUND. 1.4 Hydrant Marker, Type 2B EA i Page 6 Paint Line LF 2635 Plastic Line LF 3575 Plastic Traffic Arrow EA 6 Plastic Stop Line LF 40 Platic Wide Line LF 320 Painted Wide Line LF 100 Relocate Existing Sign FA 9 Illumination System Complete LS 1 Portable Changeable Message Sign DAY 20 Silt Fence LF 800 Erosion and sedimentation Control FA i SUBTOTAL CONSTRUCT[ON Construction Contingency (10% of Total Construction Cost) Construction Management (12% of Total Construction Cost) TOTAL CONSTRUCTION COST $0.00 $o.oo $o.oo $o.oo ES'FI/MATED PRO3ECT COST (EIVGIIVEEI~NG OIVL Y) $63~113.00 WEYREHAEUSER PORT[ON OF THE COST 100% OF TOTAL $63~113.00 Note: Costs represented are estimates only. Actual costs incurred will be used to calculate final cost Page 7 EXHIBIT B-2 WEYERHAEUSER WAY SOUTH 336TH STREET ROUNDABOUT Estimated Total Project Cost (ESTIMATED DESIGN, CONSTRUCTION, AND CONSTRUCTION MANAGEMENT) ESTIMATED DESIGN COST: Estimated design costs (The Transpo Group) $100,000.00 TOTAL ENGINEERING COSTS $100,000.00 ESTIMATE CONSTRUCTION COST: ITEM UNIT QTY Unit Price Total Mobilization LS i $70,000.00 $70,000.00 Traffic Control Labor HR 320 $34.00 $10,880.00 Construction Surveying LS 1 $20,000.00 ' $20,000.00 Roadside Cleanup FA i $5,000.00 $5,000.00 Asphalt Concrete Sawcutting LF 951 $1.00 $951.00 Clearing and Grubbing LS i $15,000.00 $15,000.00 Roadway Excavation, Including Haul CY 2259 $12.00 $27,108.00 Gravel Borrow, Including Haul TN 2015 $12.00 $24,180.r'^ ' CSTC for Pavement Repair & Widening, Including Haul TN 2800 $16.00 $44,800.~,_ Asphalt Concrete Pavement Cl. A TN 1670 $42.00 $70,140.00 ACP Cl. A for Pavement Repair & Rdwy Widening TN 2190 $58.00 $127,020.00 Catch Basin Type 1 EA 13 $800.00 $10,400.00 Catch Basin Type 2 EA 3 $2,500.00 $7,500.00 Stormfilter LS 1 $40,000.00 $40,000.00 Catch Basin Water Quality Insert EA i $800.00 $800.00 Corrugated Polyethylene Storm Sewer Pipe, 8" Diam. LF 303 $20.00 $6,060.00 Corrugated Polyethylene Storm Sewer Pipe, 12" Diam. LF 968 $24.00 $23,232.00 [~)uctile Iron Sewer Pipe, 8" Diam. LF 101 $36.00 $3,636.00 Gravel Borrow for Trench Backfill TN 500 $15.00 $7,500.00 CSTC for Trench Backfill TN 450 $20.00 $9,000.00 Raise Water Valve Box EA 2 $150.00 $300.00 Adjust Manhole EA 2 $400.00 $800.00 Moving I~xisting Hydrants EA 2 $1,500.00 $3,000.00 Adjust Existing Monument Case & Cover EA 3 $150.00 $450.001 Raise 3unction Box EA 2 $300.00 $600.00' Cement Conc. Barrier Curb LF 440 $9.00 $3,960.00 Cement Conc. Barrier Curb and Gutter LF 1111 $12.00 $13,332.00 Type A Precast Traffic Curb LF 1272 $18.00 $22,896.''~ Page 8 Cement Conc. Sidewalk SY 97:[ $20.00 $19,420.00 Wheel Chair Ramp Type :[, Complete EA 6 $500.00 $3,000.00 Topsoil, Type A CY 230 $40.00 $9,200.00 Seeding and Mulching ACRE 0.5 $2',500.00 $1,250.00 LandsCaping LS :[ $50,000.00 $40,000.00 Raised Pavement Marker, Type 2 HUND. 2.5 $240.00 $600.00 Hydrant Marker, Type 2B EA 2 $7.00 $14.00. Plastic Line LF 5385 $1.40 $7,539.00 Platic Wide Line LF 360 $1.90 $684.00 Relocate Existing Sign EA 18 $104.00 $1,872.00 Proposed Signage SF 210 $25.00 $5,250.00 Illumination System Complete I~S" 1 $95,000.00 $82,000.00 Portable Changeable Message Sign DAY 60 $:[25.00 $7,500.00 Silt Fence LF 2516 $4.00 $10,064.00 Erosion and sedimentation Control FA I $3,000.00 $3,000.00 SUBTOTAL CONSTRUCTION Construction Contingency (10% of Total Construction Cost) Construction Management (12% of Total Construction Cost) TOTAL CONSTRUCTION COST '$782,938.00 $78,293.80 $93~952.56 $955,184.36 ESTTMATED PRO3ECT COST (£1VG~T/VEERI/VG & ¢OIV:~rRLICT~OIV.) $1,093,317.55 WEYREHAEUSER PORTJ:ON OF THE COST 500/0 OF TOTAL $546,658.77 Note: Costs represented are estimates only. Actual costs incurred will be used to calculate final cost Page 9 CITY OF ~ Federal Way DATE: TO: FROM: VIA: SUBJECT: September 29, 2003 Eric Faison, Chair Land Use and Transportation Committee Leslie Ryan-Connelly, ESA/NPDES Coordinator .~' David H. Mose~er Ordinance to Create Steel Lake Management District Number One BACKGROUND In April 2003, residents representing 25 parcels adjacent to Steel Lake submitted a petition to the City Council requesting the city create a lake management district for Steel Lake. The residents' petition included a scope of activities, budget and rate structure for the proposed district. On May 6, 2003, the City Council passed Resolution Number 03-384 declaring its intent to form Lake Management District Number One for Steel Lake. On June 17, 2003, the city council conducted a public hearing for the purpose of accepting testimony in support of and in opposition to the creation of Lake Management District Number One. On July 1, 2003, the City Council passed Resolution Number 03-386 submitting the question of creating Lake Management District Number One to the property owners within the proposed district. Ballots were mailed out to property owners of record on July 11, 2003. The deadline for retuming ballots was August 13, 2003. Of 101 ballots mailed, 51 valid ballots were retumed. The value of each ballot was weighted by the dollar value of the proposed assessment for the parcel. For example, the proposed assessment for a single- family parcel was $85; therefore, a ballot carried the weight of 85 votes. There were 5,963 votes in favor of creating the lake management district and 170 votes against. In response to a simple majority of voters approving creation of a lake management district, a proposed ordinance creating Lake Management District Number One for Steel Lake is attached. Upon creation of the lake management district by ordinance, the city council is required to conduct a public hearing on the proposed assessment role for the district per RCW 36.61.120. Notices of the public heating will be senf to property owners within the district as required in RCW 36.61.140. The assessment role identifies each parcel in the district, the acreage and feet of lake front of each parcel, the name and address of each property owner, and the proposed assessment for each parcel. Objections to the proposed assessment role must be made in writing in advance of the public hearing. At the public hearing, the city council will consider any objections received. The city council may correct, revise, raise, lower, change or modify the assessment role or set the proposed assessment role aside and order a new one be prepared. If the council raises any assessment or includes new parcels, a new public hearing must be held for the affected property owners. RECOMMENDATION Staff recommends placing the following item on the October 7, 2003, City Council agenda for consideration: · Passage of the attached ordinance creating Lake Management District Number One for Steel Lake and · Setting a public hearing date for November 14, 2003 for public comment on the assessment role for propertie~ within the district. k:\lutcX2003\0929 steel lake mgt dist ord.doc APPROVAL OF COMMITTEE REPORT: Eric Faison Michael Park Committee Member Dean McColgan Committee Member cc: Project File Day File k:\lutcX2003\0915 steel lake mgt dist ord,doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, CREATING LAKE MANAGEMENT DISTRICT NUMBER 1 FOR STEEL LAKE AND SETTING A PUBLIC HEARING ON THE ASSESSMENT ROLE FOR THE DISTRICT. WHEREAS, Lake Management District Number 1 for Steel Lake is created for the purpose of generating revenue to provide ongoing aquatic vegetation management, Community education, and other related projects, WHEREAS, on May 6, 2003, the City of Federal Way City Council passed Resolution Number 03-384 declaring its intent to form a Lake Management District Number 1 for Steel Lake; and WHEREAS, the City of Federal Way City Council conducted a public hearing on June 17, 2003, for the purpose of accepting testimony in support of and in opposition to the creation of the Steel Lake Management District. At the public hearing, testimony was provided by Steel Lake Committee members and interested citizens; and WHEREAS, on July 1, 2003, the City of Federal Way City Council passed Resolution N~umber 03-386, submitting the question of creation of Lake Management District Number 1 for Steel Lake to the owners of property within the proposed lake management district including owners of publicly owned land; and WHEREAS, under RCW 36.61.090, a simple majority of the votes cast shall determine whether the proposed lake management district shall be approved or rejected; and Ordinance. # Page 1 WHEREAS, the ballots were tabulated on August 15, 2003, and the proposal to create a Lake Management District Number 1 for Steel Lake has been approved by at least a simple majority of the votes cast; and WHEREAS, the ballots cast are available for public inspection at City of Federal Way, 33530 1st Way South, Federal Way, Washington; WHEREAS, the City of Federal Way desires to create Lake Management District Number 1 for Steel Lake and proceed with special assessments and performing lake improvement activities; WHEREAS, the City of Federal Way completed the Steel Lake Aquatic Plant Management Plan in December of 1995 and updated this plan in April of 2003 (renamed the Steel Lake Integrated Aquatic Vegetation Management Plan) (the "Plan"); and WHEREAS, the hearing notice requirements of RCW 36.61 will provide an opportunity to evaluate the assessment role for each property within the district. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES ORDAIN AS FOLLOWS: Section 1. Creation of District. Lake Management District Number 1 for Steel Lake is hereby created. The boundaries of Lake Management District Number 1 for Steel Lake are represented in Exhibit A, incorporated by this reference. The duration of the district shall be for ten (10) years, from January I, 2004 through December 31, 2013. Special assessments totaling $13,598 will be collected annually to finance the District activities, with the total amount to be collected during the life of the District being $166,440, which includes an automatic inflation increase based upon the Seattle Consumer Price Index not to exceed five percent in any given year. The special assessments will be imposed based on equal charges for similar parcels. Ordinance. # Page 2 Undeveloped parcels will be charged $30 per year. Single family developed parcels will be charged $85 per year. The multi-family parcels will be charged $275 per year. The City of Federal Way parcel will be charged $2,048 per year. The Department of Fish and Wildlife parcel will be charged $3,500 per year. Section 2. Publication. Within ten (10) days of adoption of this Ordinance, the City of Federal Way shall publish in a newspaper of general circulation in Lal~e Management District Number 1 for Steel Lake a notice indicating that this Ordinance has been adopted. Section 3. Creation of District Limitations on Appeals. Pursuant to RCW 36.61.110, no lawsuit may be maintained challenging the jurisdiction of authority of the City of Federal Way's legislative authority to proceed with lake improvement and maintenance activities and creating the lake management district, or in any way challenging the validity of the actions or decisions or any proceedings relating to the actions or decision unless the lawsuit is served and filed no later than forty (40) days after publication of a notice that the ordinance has been adopted ordering the lake improvement and maintenance activities and creating the lake management district. Written notice of the appeal shall be filed with the City Council and clerk of the Superior Court in King County. Section 4. Special Assessment Roll to be Prepared. Upon passage of this Ordinance, the City of Federal Way shall cause to be prepared a proposed special assessment roll in accordance with RCW Chapter 36.61. Section 5. Public Hearing. A public hearing will be held by the Federal Way City Council on November 18, 2003 at 7:00 PM or shortly thereafter at the City of Federal Way City Hall, 35530 1st Way South, Federal Way, Washington. At the public hearing, the City of Federal Way City Council will consider the objections to the special assessment roll of the district, shall act as Ordinance. # Page 3 a board of equalization, and may correct, revise, raise, lower, change, or modify the special assessment roll or any part thereof, or set the proposed special assessment roll aside and order a new proposed special assessment role be prepared. The City of Federal Way City Council shall confirm and approve a special assessment roll by adoption of a resolution. Notice of the proposed special assessment, the procedure for filing written objections thereto, and notice of the public hearing shall be mailed to the taxpayers of record of all property within the district by the City of Federal Way pursuant to RCW 36.61.140. Section 6. 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 7. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 8. EffeCtive Date. This ordinance shall be effective five days after passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of ,2003. CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC Ordinance. # Page 4 APPROVED AS TO FORM: PATRICIA A. RICHARDSON, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Ordinance. # Page 5 EXHIBIT A Boundary of Lake Management District Number One for Steel Lake Ordinance. # _ Page 6 S 'Id S AV e~ AY S AV ~ S AV l~ S .lO i~ S AV~ AY O~ S AV O~ S AV 8~ IS AY9[ Proposed Steel Lake Management District Basin: LPSB ~b-basin Code: CPR s~: ~ City ~ed ~ State ~n~ . o ~o K~: ~ Ve~nt ~ MuRt-F~ay { ~e F~iy , , Ordinance. # Page 7 CITY OF ~ Federal Way DATE: TO: FROM: VIA: SUBJECT: September 29, 2003 Eric Faison, Chair Land Use and Transportation Committee Paul A. Bucich, Surface Water Manag David H. MaCmanager Bathymetry Mapping BACKGROUND The City of Federal Way is a partner in the Green/Duwamish and Central Puget Sound Watersheds (WRIA 9) Forum. The mission of the Forum is to develop a salmon habitat plan that will guide local jurisdictions in protecting and restoring salmon habitat within the watershed. The watershed includes the northern part of the City of Federal Way. The salmon habitat plan is currently being developed. However, some parts of the habitat plan require additional scientific and technical study before policy recommendations can be developed. One such technical study is basic mapping of the marine shoreline. At this time, there is no comprehensive mapping of the marine shoreline that identifies various marine shoreline features such a~ elevation, substrate, vegetation, marine water energy, sediment transport, and anthropogenic structures. Understanding these shoreline characteristics will aid in identifying existing salmon habitat areas for migration and refuge as well as identifying areas in need of restoration. As the main channel of movement for salmon, the shoreline environment is a critical piece of the salmon habitat restoration planning effort. Salmon use the shoreline to grow and migrate out to the Pacific Ocean. Salmon using the Federal Way shoreline likely come from Hylebos and Joe's Creek, South Puget Sound rivers such as the Nisqually and Puyallup, as well as salmon from northern areas that migrate south in order to find refuge and food. The Watershed Forum is working to fill these data gaps to ensure the most accurate information is used in ass~embling the salmon habitat plan. In addition, such data will assist local jurisdictions, including Federal Way, in meeting recently updated requirements of the Shoreline Master Program. Such mapping efforts will provide a basic inventory of the shoreline upon which the City can update its land use planning efforts for the marine shoreline. Updates to the City of Federal Way's Shoreline Master Program are required by 2009. One specific mapping effort being addressed by the Watershed Forum is to map topographic elevations under water, also called bathymetry. Bathymetry information provides a three dimensional view of the marine environmefit. Knowing elevations of the land under water can aid in identifying the extent of important salmon habitat areas and existing anthropogenic modifications such as outfalls, docks, piers, bulkheads, and landfills. Bathymetry information will assist the Surface Water Management Department in managing outfalls, seeps, freshwater inputs, and shoreline erosion. Bathymetry mappin'g is being coordinated in a larger regional mapping effort with the Washington Department of Fish and Wildlife in partnership with the federal government. Areas of Puget Sound, Straits of Juan de Fuca and the Columbia River will be mapped using Light Detection and Ranging (LiDAR) technology. This is the first time this technology will be applied in Puget Sound and represents a significant opportunity to contribute to the base of knowledge about the Puget Sound shoreline. LiDAR is a preferred option because it can map up to 30 feet deep, gives a high level of resolution, and matches up well with land based topographic maps. In addition, the region- wide effort will save on expensive mobilization costs. To support the bathymetric mapping of WRIA'9, the King Conservation District has granted funds to' the Washington Department offish and Wildlife to conduct mapping within King County. Since the City of Federal Way is not a member of the district, the City is being asked to contribute directly to the costs of the bathymetric mapping in order to complete the mapping of the entire watershed. In addition, staff has requested the mapping effort include Federal Way shoreline outside the WRIA 9 boundary so that the entire city will be completed. The estimated cost ofbathymetry mapping for the entire shoreline within the City of Federal Way is $5,123. The Watershed Forum will contribute $58,633 and the City of Seattle will contribute an additiOnal $37,000 for a total of$100, 756. Therefore, the City of Federal Way would be contributing 5% of the total bathymetry mapping effort in WRIA 9. Attached is a scope of work (Attachment A) for the mapping effort that outlines the specific mapping activities and work products. In addition, the attachment includes a letter from the WRIA 9 Forum outlining its expectations of the mapping project. Additional costs for mapping other attributes such as substrate, vegetation and anthropogenic structures are currently being negotiated with the Watershed Forum. Surface Water Management will continue to coordinate these additional mapping efforts with the Community Development Department to assist in meeting requirements of the shoreline under the Shoreline Master Program. FUNDING AVAILABLE The project will be funded through an existing Inter-Local Agreement with King County and will use existing funding from the Stormwater Utility small works fund, 304-3100-111-596-42-410. The project is forecasted to start in mid October with the aerial flight and have the data reduced and delivered in a GIS format by early 2004. RECOMMENDATION Staff requests that the Committee place the following recommendation on the October 21 st, 2003 City Council Consent Agenda: Approve expending no more than $6,000 Surface Water Management's Small Works CIP budget to conduct bathymetric mapping of the marine shoreline within the City of Federal Way through an existing ILA with King County. APPROVAL OF Co~ITTEE'.~PORT: :. '":; ..... · Dean McCoigan;"M6:mber Eric Faison, Chair CC~ Project File - Shoreline Bathymetric Mapping Project Day File WATER RESOURCE ANO Algona Auburn Black Diamond Burien Covington Des Moines £numclaw Federal Way Kent K ng Cou n~y Maple ¥~lley Norman.dy Park Renton SeaTac Seattle Tacoma Tukwila INVENTORY AREA 9 (WRIA 9) FORUM RECEIVED August6,2003 Bernie Hargrave USACOE Nearshore Projeot Manager P.O. Box 3755 Seattle, WA 98124 FEDERAL WAY PUBLIC WORKS ADMINISTRATION DIVISION Tim Smith WDFW Special Assistant to Director Nearshore Local Project Co-Manager 600 Capitol'Way N. Olympia, WA 98501-1091 Scott Redman Puget Sound Action Team Nearshore Local Project Co-Manager P. O. Box 40900 Olympia, WA 98504-0900 Re: Letter of Agreement in Support of LiDAR Survey Gentlemen: This letter, written on behalf of the local jurisdictions of Water Resource Inventory Area (WRIA) 9, is to confirm the understanding with representatives of the Puget Sound Nearshore Ecosystem Restoration Project (PSNERP) for the completion of the Light Detection and Ranging (LiDAR) survey on the Puget Sound shoreline within the limits of King County. As. shown on the enclosed map, the area to be .__surveyed is located on the eastem'~hdre of Puget Sound'from the southern City Of Seattle limit to the southern limit of the City of Des Moines and includes all of the shorelines of Vashon and Mm~ry Islands. The purpose of the survey is to obtain the existing nearshore bathymetric conditions within the mapped areas. It is understood that the WRIA 9 portion of the cost of the LiDAR survey work is estimated as follows: Total estimated cost: Estimated cost for Federal Way Cost for balance of WRIA 9 (not including Seattle) $63,756.00 $5,122.56 $58,633.44 The WRIA 9 costs (not including Federal Way) will be borne by WRiA 9 Forum allocated King Conservation District (KCD) funds under a grant between KCD and the Washington Department of Fish and Wildlife (WDFW), local project manager for PSNERP. The grant application will be reviewed by the KCD board at its August, 2003 meeting. Additional expectations for this grant are as follows: · Both the City of Seattle and the City of Federal Way will be included in the LiDAR survey, but each of those jurisdictions will be responsible for its share of the LiDAR survey costs. · Survey field work will be completed in August 2003 and all work products shall be delivered not later than November 30, 2003. · Additional details for this work are in the attached scope and maps. WRIA 9 is relying on completion of the LiDAR survey within the agreed upon timeframe for integration into the scientific framework for the Habitat Plan. If this information is not consistent with your understanding, or if you have any questions, please contact me at 206-296-8069 or doug.osterman~metrokc.gov. Sincerely, Douglas Osterman WRIA 9 Coordinator Encls. August 6, 2003 Scope of Work Surveying and Mapping Hydrographic LiDAR and Topographic LiDAR Acquisition King County Department of Natural Resources (on behalf of Watershed Resource Inventory Area 9 Technical Committee) Puget Sound, Washington 1 .General a. Location: The project covers the Puget Sound shoreline within the limits of King County. 'The area is located on the eastern shore of Puget Sound from the southern City of Seattle limit to the southern city limit of the City of Des Moines and includes Jail of the shorelines of Vashon and Manry Islands. See Enclosure 1 for an image of the project. b.Purpose: The purpose of this survey is to obtain the existing near shore bathymetric conditions along the areas as outlined in Enclosures 1. c. Compliance: Surveying and Mapping shall be in strict compliance with EM-1110-1-1000 for Photogrammetric Mapping, EM-1110-1-1002 Survey Markers and Monumentation, EM- 1110-1-1003 NAVSTAR Global Positioning System Surveying, EM- 1110-1-1004 Deformation Monitoring and Control Surveying, EM-1110-1-1005 Topographic Surveying, EM- I 110-2-1003 Hydrographic Surveying, EM-1110-1-2909 Geospatial Data and System, Tri-Services A/E/C CADD Standards, Tri-Services Spatial Data Standards, and Related Spatial Data Products. d. Rights-of-Entry: The Contractor will be responsible for contacting all property owners and obtaining fights-of-entry. The Contractor will be responsible for gaining access to any area restricting over flights. e. Safety: Operations shall be in full compliance with appropriate Federal, State, County and City safety rules and regulations. f. The contractor's employees will at all times conduct themselves in a manner compatible with. the non-personal services nature of this contractual instrument. The contractor's workfOrce will under no circumstances allow themselves to be under the supervision and control of a Government officer or emPloyee. 2. Survey Requirements a. Hydrographic Lidar: Hydrographic lidar data are required inside the hatched area as shown on Enclosure 1. Requirements for survey are spot density shall be a minimum of 4 meters by 4 meters, vertical elevations shall 08/06/03 PSNERP - LiDAR Scope be accurate to +/- 25 cm (lo) and horizontal positioning shall be accurate to +/- 3 m (lc0. All flight lines shall have a minimum of 25% sidelap with adjacent flight lines and at least three cross flight lines are required. Maximum depth of the Light Detection and Ranging (LIDAR) penetration is dependent upon water clarity; the maximum depth of detection 'is to three times Secchi depth. Therefore, the survey should be flown on days when the weather and water quality are present to reasonably assure the success of data collection at the survey sites. Thales GeoSolutions and JALBTCX will monitor the long-range weather forecast for the Puget Sound area leading up to the target survey window. During the same period, the USGS, if willing, will conduct Secchi Disk measurements to confirm that water quality is acceptable for survey. After consultation with the USGS, Thales GeoSolutions and JALBTCX will make a decision regarding mobilization. This decision will be based on both weather forecasts and water clarity information. Areas where no depths are collected due to poor water clarity shall be re-flown when and if conditions are better suited for bathymetric lidar collection in that specific area during this project mobilization. After the second attempt, if no depths are collected, a meeting shall be held between USGS, Thales GeoSolutions and JALBTCX to evaluate the reasons for no depth at that location. Thales GeoSolutions and JALBTCX shall not be responsible for remobilizing at a later date to fill in these holes, however. b.Topographic Lidar: Topographic lidar data will be collected along the shoreline of the survey area as outlined on Enclosure 1,from waters edge inland for approximately 100 meters. This data will be used primarily to QC the bathymetric LIDAR data where there is overlap, though topographic data where there is no tree canopy shall be delivered. The topographic survey requirements are vertical elevations shall be accurate to +/- 25 em (lc0 and horizontal positioning shall be accurate to +/- 3 meter (lc0. The topographic lidar data shall be collected at a minimum of 3 meter by 1 meter spot spacing. A minimum swath width of 100 meters shall be provided along all shoreline and beaches within the limits of the survey area. All flight lines shall have a minimum 25% with adjacent flight lines. Topographic data (clipped to remove areas with tree canopy) and hydrographic data are to be merged to form one digital terrain model. c. Horizontal Control and Datum: Any horizontal control used for this project shall be referenced to a published monument with a position quality of at least First Order Class I. The final projection for this project shall be the Washington State Plane North projection, spheroid GRS80, NAD83, units of Feet. d. Vertical Control and Datum: Any vertical control used for this project shall be referenced to a published monument with a position quality of at least Second Order Class I. The vertical datum for this project shall be WGS84 Ellipsoid heights, NAVD88, and MLLW with the units of Feet. NAVD88 08/06/03 PSNERP - LiDAR Scope elevations are to be detennined from Geoid99 and MLLW elevations are to be determined from the difference between NAVD88 and MLLW at the control monument used as the GPS base station at each survey area. 3.Digital Data a. Bathymetric Data: The Contractor shall make the necessary computations to verify the accuracy Of all measurements and apply the proper theory of location in accordance with the law or precedent. The contractor shall compute and tabulate the horizontal and vertical positions to include the application of any GPS kinematic data, tidal or water level corrections for all hydrographic lidar data collected. The contractor shall review and edit all hydro data for discrepancies before combining with final DTM. A copy of the raw waveform data with viewer and processed output information shall be provided to the client. b.Topographic Data: The Contractor shall make the necessary computations to verify the accuracy of all measurements and apply the proper theory of location in accordance with the law or precedent. The Contractor shall compute and tabulate the horizontal and vertical positions to include the application of any GPS kinematic data corrections for all topographic lidar data collected. The Contractor shall review and edit all topographic data for discrepancies before combining with final DTM. c. All digital point data shall be provided with horizontal position (X and Y) recorded of the estimated beam center recorded to the nearest 1.0 foot, · vertical position (Z) recorded to the nearest 0.1 foot, and time recorded to the nearest microsecond. d. DTM: The Digital Terrain Model (DTM) shall be developed from the combined Hydrographic and Topographic lidar data sets (exclusive of areas where there is tree canopy). The DTM shall be of adequate density and quality to produce contours at a 0.5-meter contour interval, though contours will not actually be delivered. All data used in the development of the DTM shall be delivered in ASCII with the following space delimited format: x y z time Julian date. Time shall be recorded to the nearest microsecond. e. Coverage Map: A coverage map depicting the survey limits and the area where elevations were obtained with in the survey limits for each of the three sites shall be created in shape file format compatible with ArcView 3.2. f. Imagery: Digital images collected with the SHOALS 1000 T System are to be supplied to the client in JPEG format with time tag data. The time tag information can be used to associate images with the aircraft trajectory and orientation data. 08/06/03 PSNERP - LiDAR Scope g. Metadata: The metadata describes the content, identification, data quality, spatial data organization, spatial reference, entity and attribute information, distribution, metadata reference, and other characteristics of data. Each survey project shall have metadata submitted with the final data submittal. · All metadata submitted must be compliant with the Federal Geographic Data Committee Standard "Content Standard for Digital Geospatial Metadata", FGDC-STD-001-1998. This standard is available for download from www.fgdc.gov. A graphical, annotated workbook explaining the standard is available in PDF format at www.fgdc.gov. 4.Quality Control / Quality Assurance: In order to determine the intemal reproducibility of the data collected a series of DTM comparisons with statistical analysis shall be performed. As specified in section 2a, at least three hydrographic lidar tie lines shall be flown in each survey area. During processing of the hydrographic and topographic lidar data, three DTMs shall be produced for each area. One DTM shall be produced for the bathymetric lidar data, one shall be produced for the bathymetric lidar tie line data, and one shall be produced for the topographic lidar data. These DTMs shall then be compared and difference DTMs produced. A difference DTM between the bathymetric lidar DTM and topographic lidar DTM shall be produced and a difference DTM between the bathymetric lidar DTM and the bathymetric lidar tie line DTM shall also be produced. A statistical analysis of the difference DTM grid nodes can then be performed. Such a process will verify the internal reproducibility of the data collected in each survey area. 5.Report of Survey: The Contractor shall furnish a digital (*.doc) file with the final deliverable. The report shall include Right-of-Entry information, Control monuments Designation recovered, destroyed, fixed, included in control network, dates of field survey collection, types of equipment and software used such airplane, quality control checks, and processing software version. The survey report shall document the formats of all data files delivered under heading 6, below. The survey report shall include what base stations are utilized for the kinematic data collection. Unique circumstances and/or issues related to this survey, general approach/methodology to this survey. Along with any other data required in accordance with the law or precedent and for the Corps of Engineers to publish the results of the survey. ~6.Deliverables: On completion, all data required shall be delivered or mailed to the Spatial Data Branch at the address and attention to the Point of Contact shown in 7 below. Required data shall be'delivered on either DVD or CD. Required data shall be accompanied by a properly numbered, dated and signed letter or shipping form, in duplicate, listing the materials being transmitted. All costs of deliveries shall be borne by the Contractor. Items to be delivered include, but are not limited to the following: 08/06/03 PSNERP - LiDAR Scope a. 1 each copy of all Horizontal and Vertical Field books used for this survey. b. 1 each digital copy of the X, Y, Z, and time fixed-format ASCII file with all data points c. 1 each digital copy of the X, Y, Z, and time fixed-format ASCII file with all data points used to develop DTM. d. 1 each digital copy of the aircraft trajectory for each period of data acquisition, with X, Y, Z, heading, pitch, and roll data recorded at intervals of 1 second (1/2 second will be provided if available). e. 1 each copy of the raw waveform and output information collected and processed. A Viewer will be provided to visualize the full waveform data. f. leach digital copy of Data Coverage files in ArcView shape file format. g. 1 each digital copy of all time-stamped JPEG images. h. 1 each hardcopy and digital copy of Report of Survey i. 1 each hardcopy and digital copy of metadata file (*.met and *.gen) using CORPSMET 95. 7. Point of Contact: US Army Corps of Engineers Spatial Data Branch (OP-J) Attn: Eddie Culpepper 109 St Joseph Street Mobile, AL 36602 251 690 3467 8.Schedule: Field work shall be completed NLT August 31, 2003 and digital data shall be delivered NLT November 30, 2003. 9. Rights to Data: King County Department of Natural Resources (on behalf of WRIA 9 Technical Committee), USGS, JALBTCX, and Thales GeoSolutions shall have full, unrestricted rights to all data and imagery delivered under this contract. 08/06/03 PSNERP - LiDAR Scope 9.Enclosure 1 I I ',.. 802~ ,~ \' I,D1 ~o~ ~i~onV'~/ ~ S~ I~ I ~'~ I I ," r.~-{ [ ~,: ~ ', :~. ' fir, ~ '-~r'~I.~.' .i.,,?~, ~ · - ~- -. i~,. -.~.-. (aura mm $ tins) t O 2.5~ 22fl, 5M'~' TANK '0 I'~'.erbay · Fromont ."', I~L R [1'$ 101~ Fl' 'TOW~*~ (~ f~rAcc N~EO~ 08/06/03 PSNERP - LiDAR Scope lidar area map (768xlO22x24b jpeg) ~.%%~Su rvey with KCD dollars i i~ii!~iiiii~!~!i!ii~i~i~!iiii S u rv ey with/if I.'::!~i~:~:.~:.~ i~-~ Fed era I do II ar s VASHON N S INES NORMANDY PARK CITY OF ~ Federal Way DATE: TO: FROM: VIA: SUBJECT: September 29, 2003 Eric Faison, Chair Land Use and Transportation Committee Richard A. Perez, City Traffic E~n, gineer Sarady Long, Traffic Analyst ~ David H. M~ager 2003/2004 Implementation of Commute Trip Reduction (CTR) Plans and Program Agreement with WSDOT BACKGROUND Washington State's Commute Trip Reduction (CTR) Law was adopted by the 1991 Legislature and incorporated into the Washington Clean Air Act as RCW 70.94.521 through 70.94.551. Its intent is to improve air quality and reduce fuel consumption and traffic congestion through employer-based programs by encouraging the use of alternatives to single occupant vehicle (SOV) for the commute trip. The law requires that all maj or employers, both public and private, who employ one hundred (100) or more full- time employees who are scheduled to arrive at a single worksite between 6:00 a.m. to 9:00 a.m. to develop plans and programs to reduce Vehicle Miles Traveled (VMT) and Single Occupant Vehicle (SOV) commute trips. Currently, there are 14 worksites within the City of Federal Way that are affected by the CTR Law. The employers that are currently affected are as follows: 1. Berger/ABAM Engineers, Inc. 2. Capital One 3. City of Federal Way 4. EDS 5. Finance Pacific 6. Saint Francis Hospital 7. United States Government Postal Services 8. World Vision 9. Weyerhaeuser Company Sites (6 sites) The Washington State Department of Transportation (WSDOT) provides technical assistance funding to the City for implerffenting the commute trip reduction (CTR) plans. The CTR program requires an agreement with WSDOT. The purpose of the agreement is to allow the State to reimburse the City for its proportionate share of the technical assistance funding. The work performed under this agreement is as described in the attached Exhibit II, Scope of Work. Based on the current 14 affected worksites, the City of Federal Way will receive approximately $23,908 annually for the 2004/2005 biennium. As in the past, due to workload and expertise, the city will continue to use the technical fund from WSDOT to contract with King County for support services. Staff will present this contract to the LUTC and Council committee as a separate item. k:\lutcX2003\0929 ctr plan & wsdot agmt 2003-2004.dot RECOMMENDATION Staff recommends the Land Use/Transportation Committee approve the Implementation of Commute Trip Reduction (CTR) Plans and Program Agreement with the Washington State Department of Transportation (WSDOT), and that the CTR Agreement with WSDOT be forwarded to the October 7, 2003 City Council agenda. API'ROVAI~ OF COMMITTEE REPORT: Eric Faison, Chair Michael Park, Member Dean McColgan, Member cc: Project File Day File k:\lutcX2003\0915 ctr plan & wsdot agmt 2003-2004.dot EXHIBIT II SCOPE OF WORK Implementation of Commute. Trip Reduction (CTR) Plans and Program CONTRACTOR TASKS General Administration The Contractor will administer a Commute Trip Reduction (CTR) ordinance and implement a CTR program for major employers as required by RCW 70.94.521 et. seq. e Funding Distribution and Reporting The Contractor may distribute funds to affected jurisdictions, or their designees, within the county implementing CTR plans and ordinances as required by RCW 70.94.544 by entering into agreement as appropriate with other jurisdictions, local transit agencies, regional transportation planning organizations, or other organizations. The Contractor shall submit to WSDOT a list of dollar amounts to be disbursed by the Contractor to local jurisdiction(s,) local transit agencies, regional transportation planning organizations, or independent contractors, or a fund dispersion methodology within thirty (30) days of approval of any agreements between the Contractor and other parties. e Implementation Plans The Contractor, the affected jurisdictions, or its designee, shall implement all of the provisions listed below. The Contractor shall include all of these provisions in interlocal agreements with other jurisdictions, local transit agencies, regional transportation planning organizations, or other organizations, as necessary, to coordinate the development, implementation, and administration of CTR plans and ordinances. 3.1 Appeals, Exemptions, and Modifications Maintain an appeals process. This process must be consistent with RCW 70.94.534(6) and procedures contained in the Commute Trip Reduction Task Force Guidelines. The Contractor, or their designees, will submit requests for exemptions or modifications, including requests for goal modifications, to WSDOT for review and comment Within five (5) days of receiving such requests, and shall allow WSDOT five (5) working days to provide comments prior to approving or denying the request. 3.2 S~urvey Processing Notify WSDOT prior to sending any surveys to the University of Washington, Office of Educational Assessment for processing. The notification must include the name of the worksite, employer identification code, and type of survey for each survey being submitted for processing. The notification shall be submitted as an electronic spreadsheet via electronic mail. The Contractor agrees to wait for confirmation from WSDOT prior to sending or delivering the surveys for processing. Page 9 GCA3653 3.3 Database Updates Provide WSDOT with updated lists of affected worksites and jurisdiction contacts on a quarterly basis. These updates will be submitted electronically in a format specified by WSDOT. 3.4 Employer Annual Reports Within 30 days from the date of approval, submit to WSDOT one electronic or hard copy of any approved employer annual reports. 3.5 Employer Exemptions and Goal Modifications Within 30 days from the date of approval, submit to WSDOT the name and employer identification code for any worksite that has been granted an exemption or goal modification. Include information about the duration of all exemptions and information on the type of goal modification granted. 3.6 Progress Report and Invoice Submit to WSDOT periodic progress reports, as detailed in Exhibit III, along with any invoice or request for reimbursement. WSDOT TASKS General Technical Assistance WSDOT will provide support to the Contractor, or their designees, in developing and implementing CTR plans and programs, including providing training, informational materials, and assistance in CTR evaluation. WSDOT will also assist with overall CTR marketing and promotion on a statewide basis. e Exemptions and Modifications WSDOT will review and comment on employer requests for waivers and modifications, including requests for goal modifications, within five (5) working days. Failure to review and comment on such requests within five (5) working days shall be considered a forfeiture of the right to comment on the request. Database Management WSDOT will maintain a current database of all affected worksites in Washington State. WSDOT will input new and/or updated worksite information within fifteen (15) working days of receipt from local jurisdictions. WSDOT will employ an internal verification process to ensure all new and/or updated information is input in a timely and accurate manner. Information from the WSDOT database will be used to determine funding allocation consistent with the methodology contained in Exhibit I, Funding Allocation Methodology. e Training WSDOT will develop and maintain employer and jurisdictions training materials to support local implementation of the CTR program. Page 10 GCA3653 Public Awareness WSDOT will develop and implement statewide public awareness and recognition programs to support local implementation of the CTR program in affected jurisdictions. Annual Reporting Assistance WSDOT will distribute in sufficient quantities the State "Program Description & Employer Annual Report" form to the Contractor, affected jurisdiction, or its designee, as requested. WSDOT will also maintain an intemet-based annual report system, and will provide information and ongoing technical assistance to employers and jurisdictions using the system. Survey Assistance WSDOT will: 7.1 Provide the Contractor, or their designees, with summary survey information as requested. 7.2 Distribute the Employee Questionnaires in sufficient numbers to the Contractor, or its designees, as requested. 7.3 Maintain an internet-based survey tool, and provide information and ongoing technical assistance to employers and jurisdictions using the system. 7.4 Provide survey processing at no cost to the Contractor, or their designees, and affected employers, during the base year and all subsequent surveys required by the Contractor. 7.5 Provide technical assistance to the Contractor, or their designees, and employers, on surveying, as requested. 7.6 Work with the Contractor, or their designees, to calculate goal measurement information and track measurement survey history for all CTR affected worksites. 7.7 Return the processed Employee Questionnaires and survey reports to the Contractor, or their designees, within thirty (30) days of the date the forms are delivered for processing. 7.8 Maintain and periodically update the "CTR Guide for Employer Surveys." WSDOT will review survey guide/instructional materials developed by the Contractor or its designees for consistency with the state-developed "CTR Guide for Employer Surveys." 7.9 Review all electronically submitted survey notifications and respond to the Contractor within five (5) working days. Page 11 GCA3653 CITY OF ~ Federal Way DATE: TO: FROM: VIA: SUBJECT: September 29, 2003 Eric Faison, Chair Land Use and Transportation Committee Richard A. Perez, City Traffic E~n~ineer Sarady Long, Traffic Analyst '~.~. David H. Mos ager 2003/2004 Commute Trip Reduction (CTR) Program; Professional Services Agreement with King County Metro BACKGROUND Washington State's Commute Trip Reduction (CTR) Law was adopted by the 1991 Legislature and incorporated into the Washington Clean Air Act as RCW 70.94.521 through 70. 94.551. Its intent is to improve air quality and reduce fuel consumption and traffic congestion through employer-based programs by encouraging the use of altematives to single occupant vehicle (SOV) for the commute trip. The law requires that all maj or employers, both public and private, who employ one hundred (100) or more full- time employees who are scheduled to arrive at a single worksite between 6:00 a.m. to 9:00 a.m. to develop plans and programs to reduce Vehicle Miles Traveled (VMT) and Single Occupant Vehicle (SOV) commute trips. Currently, there are 14 worksites within the City of Federal Way that are affected by the CTR Law. The employers that are currently affected are as follows: 1. Berger/ABAM Engineers, Inc. 2. Capital One 3. City of Federal Way 4. EDS 5. Finance Pacific Leasing 6. Saint Francis Hospital 7. United States Government Postal Services 8. World Vision 9. Weyerhaeuser Company Sites (6 sites) PROFESSIONAL SERVICE AGREEMENT In order to Comply with the state CTR Law and to ensure consistency and fairness in its administration, the City entered into a Professional Services Agreement with King County Metro. Staff believes this is a cost-effective relationship, as most cities have a full-time CTR coordinator. The purpose of the agreement is to delegate implementation of the CTR Act as required b9 state law and local CTR Ordinances to King County Metro. The work perform under this agreement are as described in the attached Exhibit A, Commute Trip Reduction Professional Services Contract Scope of Work. k:\lutc~2003\0929 ctr agreement with king co metro.dot The 2003/2004 Professional Services Agreement will be funded by the state CTR grant through a separate contract. Based on the current 14 affected worksites, the City of Federal Way will receive approximately $23,908 in state grant monies. The State CTR grant would be substantial enough to fully fund the 2003/2004 Agreement with Metro, which is currently $23,570. Please see attached Exhibit B for assumptions of state grant and expenditures from July 1, 2003 to June 30, 2004. RECOMMENDATION Staff recommends placing the following on the October 7, 2003 Council consent agenda for approval: Authorize the City Manager to execute the Professional Services Contract with King County Metro in the amount of $23,570. AI'lqiOVAL O1" COMMITTI';I'; RI':I~OI{T: i.:ric Faison, Chair Michael Park, Member l)ean McColgan, Member CC: Project File - (insert project title name of file & AG# here) Day File k:\lutcX2003\0915 ctr agreement with king co metro.dot Federal Way - Exhibit A Commute Trip Reduction Services Contract Scope of Work Period: July 1, 2003, through June 30, 2004 Work Activities - 14 current sites I. REQUIRED ACTIVITIES Ao Notification of new sites 1. Identify contact for potential sites 2. Send notification inquiry 3. Confirm status 4. Secure state code 5. Create timeline and legal file Schedule As needed Data Management and Survey Processes 1. Ongoing coordination of contact information and survey schedules with employers and WSDOT 2. Compilation / distribution of aggregate survey data as requested 3. Periodic survey processes and oversight of online survey process First quarter and as necessary Program review 1. Remind employers of submittal deadlines 2. Monitor program report receipt 3. Review revised programs for sites that did not make progress and evaluate the potential for progress toward SOV reduction 4. Review program reports for completeness for new sites and for sites that made progress toward goal 5. Recommend action to jurisdiction 6. Generate approval letter for City signature Ordinance schedule by site Eo Exemptions, Modifications and Compliance Issues 1. Inform new sites about process and criteria 2. Receive requests and copy to City 3. Copy request to state for comment 4. Review and analyze request and provide comments to City 5. Contact employer as needed, generate and send response per City As needed Fo Records maintenance 1. Maintain master file records on all affected sites 2. On a quarterly basis, provide WSDOT with hard copy of each employer program report approved within the quarter 3. Provide WSDOT with an electronic copy of the CTR database of the City's CTR-affected employers, quarterly or as required by WSDOT 4. Provide quarterly report information for jurisdiction to conduct state funds billing On-going II. EMPLOYER SERVICES Go Program Development New Sites 1. Provide written information on basic requirements of the CTR Ordinance, CTR Zones, and an explanation of how the plan is intended to achieve its goals 2. Provide materials that explain a range of measures and activities that may help the employer achieve the CTR goals of the local ordinance 3. Assist with voluntary baseline survey. Analyze survey data and make programs recommendations. As needed Ho New ETC Consultation/Briefing 1. Provide written information on basic requirements of the CTR Ordinance, CTR Zones, and an explanation of how the plan is intended to achieve its goals 2. Provide materials that explain a range of measures and activities that may help the employer achieve the CTR goals of the local ordinance As needed Jo Program Implementation Assistance Provide assistance in the following categories: 1. Identify resources and implementation requirements 2. Coordinate/attend network group meetings 3. Communicate with ETCs about transportation issues, including Sound Transit, Metro Transit, Special events and items of interest (e.g.: construction and road closures, Air Quality alerts, WSRO bulletins) 4. Provide two employee awareness campaigns per year Training Provide county-wide basic training to new ETCs 1. Basic Training part 1: ETC orientation 2. Basic Training part 2: Program Implementation and Promotion 3. Survey briefing As needed Quarterly 2 Federal Way CITY OF FEDERAL WAY Period: July 1, 2003 through June 30, 2004 FUNDING State CTR Funds (estimated) $1,200 per site for Required Activities $507.74 per site for Employer Services TOTAL FUNDS AVAILABLE NUMBER OF SITES Exhibit B $ 16,800 $ 7,108 $ 23,908 14 CTR SERVICES CONTRACT .Required Activities New Site Notification / Site status change $ 96 $ 3,036 $ 7,728 $ 576 $ 2,016 Data Management & Survey Processes Program Review & Site Analysis Exemptions, Modifications and Compliance Issues Records Maintenance Total Required Activities $ 13,452 Employer Service 1. Employer Training $ 490 2. Incentives $ 700 3.. Promotions & Marketing $ 1,344 4. Other: Program Development $ 1,536 Program Implementation $ 6,048 Total Employer Service $ 10,118 CONTRACT TOTAL $ 23,570 CITY OF ~ Federal Way September 24, 2003 TO: FROM: VIA: SUBJECT: Eric Faison, Chair Land Use/Transportation Committee (LUTC) Kathy McClung, Director of Community Development Services David ~ Manager Potential Annexation Area (PAA) Issues Discussion MEETING DATE: September 29, 2003 City staff has been working on a variety of issues relating to the PAA for the past year. This report will discuss the progress made on a variety of issues and outline Council options for possible future consideration. GENERAL BACKGROUND The State Supreme Court reached a decision that amended the petition annexation method the state had been using for years and added confusion about how cities could accomplish an annexation. Last year, the State Legislature further amended the annexation methods and provided some additional options for annexations. Since that time the State Supreme Court has agreed to reconsider their decision but there is no timeline tied to this reconsideration and we have been told that the State Legislature will most likely look at the annexation issues again in their next session. The established methods currently available for annexation are: · The Island Method- When an area is surrounded by at least 60 percent by one or more jurisdictions, the City that has it in their adopted PAA can annex the island legislatively. Voters in the area do have the ability to rescind the annexation by a majority vote. · The Petition Method- A majority of the property owners and registered voters in the area must sign a petition to annex the area. · Election Method Initiated by Petition - When 10 percent of the number of voters in the last election within the area sign a petition to add a proposition for annexation. A majority vote will approve the annexation. · Election Method by Resolution - The City Council may pass a resolution to add an area for annexation to the next general election. A majority of votes in the area pass the annexation. The annexation methods described above are greatly over-simplified. They do not include the public hearings, legal notices, and Boundary Review Board process. PAA STUDY UPDATE The consultants have completed the PAA report, which is contained in two parts: The PAA Subarea Plan and the PAA Feasibility Study. The final Stakeholders meeting was held last Monday night and the final Open House is Thursday, the 25t~. (A verbal report of these meetings will be included in the presentation to LUTC.) The PAA Subarea Plan essentially follows the existing King County designations. The staff adopted the position of not sponsoring wholesale changes because of the more extensive environmental review and public process that would be required and was not anticipated with this study. The PAA Feasibility Study shows a yearly hypothetical City deficit of around three million dollars if the City were to annex the entire PAA study area. The next step of the process is to complete the State Environmental Protection Act Review (SEPA), which we anticipate to have completed by sometime in November. Following the comment and appeal period for this review, a public hearing will be scheduled for the Planning Commission to review staff proposed Comprehensive Plan Map Designations and Policies and individual Comprehensive Plan Map requests. This discussion must be folded into the adoption of the next Comprehensive Plan Update, which will most likely occur in November. No action on the PAA Study is required of the LUTC at this time. REDONDO EAST UPDATE Background - At thc July 7th LUTC meeting the staff were directed to pursue the annexation of the Redondo East area through the Island Method of annexation. City staff met with a King County representative to discuss initiation of this annexation. The next step in the process is to prepare a resolution for the Council that will direct staff to begin negotiation with King County for an interlocal agreement. King County agreed to provide a "boilerplate" resolution that we can use as a model. Council then conducts a public hearing and adopts the interlocal agreement and an ordinance that provides the effective date of annexation, zoning, and bonded indebtedness. Area Description - The Redondo East area has approximately 260 citizens and 150 housing units. The housing units are composed of Crestwood Senior Mobile Park and Applewood Subdivision. There is a strip of vacant multi-family zoned property along Pacific Highway, South of the "Y" at 16th Avenue South. A variety of commercial properties, developed, undeveloped, and under-developed compose the remaining parcels. One of the larger underdeveloped properties is the vacant entertainment center. The consultant's report shows this area as generating a small increase in revenue over the City's expenses, should the City decide to annex. Suggested L UTC Recommendation - "I move to direct staff to prepare a resolution for adoption by the Council to enter into negotiations with King County over an interlocal agreement for the annexation of Redondo East area." Eric Faison, Chair Michael Park, Member 'D--"~an ~ ~ Potential Annexation Area Issues Discussion September 24, 2003 LUTC Memo Page 2 NORTH LAKE AREA Boundaries - Councilmember Faison has asked staff to provide information regarding the North Lake and Regency Woods/Brittany Lane areas for consideration of annexation. The North Lake area is bounded on the north by 320t~, on the east by Peasley Canyon Road, on the south by Highway 18, and on the west by the City boundaries. The North Lake Area is approximately 384 acres of which nearly half is developed into residential properties. Another 126 acres is undeveloped, about 100 acres is in utilities and streets, and there is a very small percentage in commercial, office, and open space. Commercial land includes a nursery and gas station. The average assessed value of homes in this area is about $190,000. The 2003 population is estimated at 600. The PAA Study has the following analysis on the North Lake area: "In relative terms, the small North Lake area is likely to come the closet to breaking even. North Lake has taxable property per resident that is more than 50 percent higher than that of the three PAA's combined (Table D-4, values that translate into roughly a 20 percent boost in the area's per capita revenues). We also estimate that North Lake will generate lower-than-average demand for public safety services. However, North Lake appears to generate only very low levels of sales tax revenues. On balance, our rough assessment is that even annexation of the North Lake neighborhood would generate net costs in excess of $50 per resident." (Annexation Feasibility Study pp D 4,5.) Options - The Geographic Information System analysis of the North Lake area shows that the area qualifies for the island annexation method by less than one percent. If the Council wishes to actively pursue annexation in this area, the election method by resolution would be the best option, absent property owners that want to facilitate a petition or ballot measure. The estimated cost to put an issue on the ballot is about $2.00 per registered voter. This cost includes legal notices. This expense has not been budgeted at this time. The next available election for this issue is in February. Suggested LUTC Recommendation - "I move to direct the staff to prepare a resolution for Council adoption at the October 21' 2003, meeting to put the North Lake area annexation on the next available election." Potential Annexation Area Issues Discussion September 24, 2003 LUTC Memo Page 3 REGENCY WOODS/BRITTANY LANE AREA Boundaries - The Regency Woods/Brittany Lane area is roughly a triangle within the Parkway area of the pAA study. It is bounded by I-5 on the west, Enchanted Parks on the east, and City of Milton on the south. Background- When Enchanted Parks was annexed into the City of Federal Way; there was initially some interest from the Regency Woods and Brittany Lane residents about annexing into the City. This idea was tabled at the time because there were infrastructure problems within these relatively new developments that the property owners, King County, and the developer were still resolving. These problems have since been taken care of. A rough estimate of the population for this area is 1100. There is a large condominium to the north, Regency Ridge. The Regency Woods subdivision composes the majority of the area and there is a small commercial strip to the south including a junkyard. The junkyard is relevant to mention because it is the one use within the PAA that requires immediate compliance according to Federal Way City Code Section 22.330(a)(9). Staff is researching possible options for this situation. It would not make sense to omit this parcel from an area-wide annexation because it would leave an isolated parcel between Federal Way and Milton that King County would have to provide services. Specific information about this area is difficult to report because the information we have is for the greater Parkway area. The PAA report does place the Parkway neighborhood as the lowest recommended priority for annexation because their cost estimate to serve that area is the highest. Breaking out this area as defined above, may lower the cost to serve by some extent. The average assessed value for homes in the Parkway neighborhood is $172,000. Options - This area does not qualify for the island method of annexation. If the Council wishes to pursue this area, the election method by resolution would be the best option. The costs would be the same as described in the North Lake area above. Suggested L UTC Recommendation -"I move to direct staff to prepare a resolution for Council adoption at the October 21, 2002, meeting to put the Regency Woods area annexation on the next available election." APPROVAI. OF RECOMMENDATION' "~' '. ' ": ' TM Eric Faison, Chair Michael Park, Member Dean McColgan, Member · STAFF IMPACT The only time currently on the Community Development Work Program for annexations is to complete the PAA study. The department has 1.5 FTE's devoted to all non-permit planning work. Additionally, there is some consulting money budgeted for code amendments and special projects. Should the Council decide to move forward with these annexation proposals as a high priority, staff will prepare a revised work program that we will present to LUTC at a future meeting. Potential Annexation Area Issues Discussion September 24, 2003 LUTC Memo Page 4 There are no packet materials for Changing Sign Regulations for Freeway-Oriented Businesses