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HomeMy WebLinkAboutLUTC PKT 12-15-2003MEETING AGENDA 2. 3. 4. o CALL TO ORDER Approval of Minutes of the November 17, 2003, meeting PUBLIC COMMENT (3 minutes) BUSINESS ITEMS A. I-5 Access Study Presentation B. Big Box Retail in City Center C. Colella Estates Preliminary Plat D. Work Program Progress Report FUTURE ME,rINGS/AGENDA ITEMS AD3OURN Information Zukowski/15 min Information Doherty/10 min Action Michaelson/10 min Information McClung/10 min Committee Members EHc Fa/son, Cha/r Dean filcCo/gan tVichae/ Park K:\LUTC Agendas and summaries 2003\December 15, 2003, LUTC Agenda, doc City Staff Kathy I~IcClung, D/rector, Community Development 5ervJce~ Sandy L y/e, Admini~rat/ve A~/stant 253.661.4116 November 17, 2003 5:30 p.m. City of Federal Way City Council Land Use/Transportation Committee CitY Ha I Council ChamberS MEETING MINUTES In attendance: Committee members Eric Faison, Chair, and Deputy Mayor Dean McColgan; Mayor Jeanne Burbidge; Council Members Mary Gates, Linda Kochmar and Jack Dovey; City Manager David Mosely; Director of Community Development Services Kathy McClung; Director of Public Works Cary Roe; Management Services Director Iwen Wang; Deputy Public Works Director Ken Miller; Street Systems Manager Marwan Salloum; City Attorney Pat Richardson; Attorney Karen Kirkpatrick; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER Chair Faison called the meeting to order at 5:29 pm. 2. APPROVAL OF MEETING MINUTES The minutes of the November 3, 2003, meeting were approved as presented. 3. PUBLIC COMMENT There was no public comment on any item not included in the agenda. 4. BUSINESS ITEMS A. 2004 Right of Way Landscaping Maintenance Contract - Authorization to Bid - With the completion of the Pacific Highway South Phase I and South 324th Street Projects, both projects must be added to the landscape maintenance contract. The Committee M/S/C that the City Council authorize bids for the 2004 Right-of-Way Landscape Maintenance Contract to include newly completed street projects. The approved budget for the 2004 Right-of-Way Landscape Maintenance Contract is $160,000. B. 14th Avenue South/South 312th Street Traffic Signal Project 100% Design Approval/Authorization to Bid - There have been approximately ten vehicle collisions at the intersection of 14th Avenue South and South 312t~ Street (behind and beside QFC and Albertsons). The intersection meets warrants for a complete traffic signal. The proposed project will include modifying and adding to the existing pedestrian signal to allow traffic on 14th Avenue South and the private QFC driveway to actuate the signal. This new signal will be interconnected and coordinated with signats at SR99 and 8t' Avenue South at South 312th Street. Total project expenditure is expected to be S184,799.27 with ~, current available budget of $164,81:3. A budget shortfall of S19,986.27 would be created Staff expects ~*, Iow bid in ti~e current competitive bidding ciimate Should that not occur, funds to cover the proposed pro?::t v,.,i',] be requested from unappropriated Streets Capita! funds The Committee L~/S/C rec~?,~no:~,:!:~t ~ to tl~n City Co~ncil of approval of the100% design plans for the ~,!:: Av(.~u(~ S)tJti~ Lu~(J So~ti! ~ 2"' hl.t~ .;~t TI ~ffic Si[ti'4~i P;oject and to authorize staff to hid the projectwittnr~rehuntot!;eGitvOotmrsi]fr)' ~;tln~?itvtqav.'srdther;ro,~cttothelowestresponsive, responsible bidder CITY OF Federal Way DATE: TO: FROM: VIA: SUBJECT: December 15, 2003 Eric Faison, Chair Land Use and Transportation Committee Maryanne Zukowski, P.E. ,_,x~/. David H. Mo~aI~/ger "1~5 TO CITY CENTER ACCESS STUDY" BRIEFING REPORT BACKGROUND: The City of Federal Way has contracted with the consulting firm of CH2M Hill to perform a feasibility study to determine viable access solutions to the congested interchange at S. 320th Street and Interstate 5. South of 320th Street, WSDOT has classified Interstate 5 as a High Accident Corridor (HAC). WSDOT has also classified the interchange at South 320th Street as a High Accident Location (HAL). This location is experiencing significant congestion for many hours of the day and is currently at capacity. If a successful and viable solution is found, Federal Way will proceed in developing an Access Point Decision Report (APDR) to submit to WSDOT. With City and State approval, the report would go to the Federal Highway Administration (FHWA). An APDR is the initial step required by the FHWA before changing an interstate highway interchange. The estimated project schedule is 15 months for completion of the study. PROJECT LOCATION/STUDY AREA: The Study Area is generally defined as: · The Interstate 5 mainline between SR 18 and S 272''d Street · The ramp termini intersections · An area including thc City Center bounded by SR 99 to the west · An extended corridor off-set and parallel %_ mile east of I-5 to the east · S 272"d Street to the north and S 348th Street to the south. Please see the attached vicinity map with those designated in EXHIBIT AA. PROJECT UPDATE AND ItlGHI,IGHTS: · The consultant contract was awarded November 10, 2003 to thc consulting firm of CIt2M Ilill. · Staff is organizing targeted public involvcmcnl 1o gain neighborhood representation and source links of communication tbr thc project. Stakeholder representatives of neighborhood groups ~vill participate in formal intbrmation sessions. An area map showing the proposed neighborhoods is attached as EXltlBIT BB. · Staffand CI t2M I lill are cun'ently working on ll~e agency participation groups for the "Suppor! Group", "Advisory Committee", and "Stakeholder" members that will be reviewed by WSDOT on December 16, 2003. EXHIBIT CC. · Staffand the consultant will be meeting with WSDOT on December 16, 2003 to present an "invitational information summary of the project". The agenda items are: · Communication and coordination plan for projects m the study area. · Revised Draft Work Plan: EXItlBIT DD · Draft Purpose and Need Statement: EXItlBIT EE · Draft prOJect Issues Map: EXHIBIT FF RECOMMENDATION/INFORMATION: Staff plans the following LUTC and Council updates to begin January 2004: Initial Council Briefing: Prepare and deliver a one hour Council briefing open to the public and stakeholders on the topic of access justification. This will be presented to Council and other 'interested parties in cooperation with WSDOT staff. This presentation will provide Council an overview of the project study, a basic understanding of the policy points that FHWA requires to be addressed, and the various levels of approvals. Additional Council Briefings and Public Meetings: The consultant will prepare for and attend up to two public open house meetings, three meetings with the LUTC, and up to three meetings with the full City Council. These meetings will ideally be in study session format to outline the project for the benefit of the Council and to respond to items of interest. It is expected that these meetings would: 1. ReView the overall work plan process 2. Provide input on potential access solutions; and 3. Provide discussion ora preliminary preferred option A1)I)ROVAI, OF CO,MbIITTI']E R.I';I)OI~,T: Eric Faison, C'hair Dean McColgan, Member Michael Park, Member . MAZ:kk 6 ATTACItEM ENTS cc: Project File Day File K:\LU'FCk2003\I 215 kUTC Memo 12-34)3 I-5 to City Center Access Brieling doc Exhibit AA I-5 City Center ~,ccess Point I:)ecision Assistance Scope for Federal Way Neighborhood North of S 312th (2) Senior Housing Complexes Residents On 28th Ave S King County Neighborhood East of I-5 Federal Way City Limits Steel Lake Steel Lake Park SeaTac Mall S 324 ST WAY TRANSIT CENTER Exhibit BB I-5 City Center Access Point Decision Assistance N Scope for Federal Way Note: This map is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy. I -5 to City Center Access Study Draft Public Involvement Participation Project Committee Meetings It is anticipated that three committees will meet regularly on the project. Also stakeholders meetings will be required to address and resolve specific stakeholder issues. The Committees and stakeholder roles are described below: Support Team. This team meets monthly and is comprised of technical specialists who help integrate the planning, programming, and design efforts that lead to the development of the Access Point Decision Report. This team consists of core members and extended members (drawn on as needed) and representatives from the City of Federal Way (AGENCY), the WSDOT North West Region Office, WSDOT Headquarters Design Office (OSC) and WSDOT Highway and Local Programs. This team has the primary task of working with the CONSULTANT to produce the Access Point Decision Report. CONSULTANT anticipates up to 10 Support Team meetings. Name Agency Role Telephone CORE MEMBERS Email Ramin Pazooki Phil Segami Don Sims Thomas Noyes Jim Leonard WSDOT King Area Planning WSDOT Sno- King Area, NW Region, WSDOT WSDOT FHWA, Olympia Planning / Development Services Manager Project Development Engineer Traffic Engineer Northwest Region Urban Planning Office, Seattle Transportation and Environemental Engineer 206.440.4710 206.440.4711 206.440.4353 206.464.1272 360.753.9408 pazookr(~wsdot.wa.gov ~a miP (a.~w sdot. wa. ou,9~ simsd(//~wsdot, wa. gov N oyes F,a&vsdot.~ a. ogov James. Leonard~ fhwa.dot.gov EXHIBIT CC I -5 to City Center Access Study Draft Public Involvement Participation Draft Contact Puget Sound Regional 206.464.6343 krichter~psrc.org Regional Transportation Karen Richter Council Planning & Coordination Draft Contact WSDOT NW Region 206 440.4736 ScottD@wsdot.wa.§ov H&LP Agency Dave Scott Representative Draft Not confirmed OSC - Bridge Draft Not confirmed OSC - Design Draft Not confirmed OSC - Geotechnical EXHIBIT CC I -5 to City Center Access Study Draft Public Involvement Participation Stakeholders. Stakeholders consist of interested public and private agencies, neighborhoods, businesses, and local community groups. Providing information to stakeholders and gathering their input will be done in both public meetings and briefings to collect information and identify fatal flaws as noted in 2.2.2 and 2.2.4. Stakeholder roles include providing feedback in the form of issues, concerns and priorities .for them. Their early involvement is intended to obtain endorsement of the decision making process and ultimately a supporter of the project. It is important that individuals involved can deliver on their commitment. This will not be a decision making group. 6 Stake Holder Meetings area anticipated. City of Federal Way Parks Department City of Federal Way Chamber of Commerce *also representing employers and local businesses Federal Way School District Lakehaven Utility District* City of Federal Way Public Safety* City of Federal Way Fire Department* (2) Senior Housing Complexes As Represented by: Neighborhood North of S 312th St As Represented by: Residents on 28th Ave S As Represented by: King County Neighborhood East of 1-5 As Represented by: "Friends of the Hylebos Wetlands" As Represented by C:\Documents and Settings\default\Desktop\Project Committee Meetings.doc EXHIBIT CC I -5 to City Center Access Study Draft Public Involvement Participation Advisory Team. This team meets less frequently than the Support Team, and is comprised of reviewers and approvers who provide guidance through the purpose and need, chartering, selection of alternatives, and incremental approvals of the Technical Memoranda and other deliverables. The Advisory Team includes all members of the Support Team and representatives from the WSDOT Access Office, King County, FHWA, PSRC and transit agencies. It is expected the Advisory Team will meet up to (five) 5 times in conjunction with the Support Team. Name Agency Role Telephone Email IN ADDITION TO THE SUPPORT TEAM LIST THE FOLLOWING ARE LISTED ON THE ADVISORY TEAM Jim Edwards Sound Transit Chief Engineer 206.398.5436 edwardsj~soundtransit.org Regional Express Capital Projects Greg Armstrong Transportation State 360.586.1142 Greg~.TIB.WA.gov Improvement Transportation Board Project Coordination Tenative team WSDOT Project Engineer 206.440.4582 barrved(q~wsdot.wa.eov location: Sound Transit S 317th Direct Access Ramps Ed Barry Tenative team WSDOT Project Engineer 206.768.5680 WhiteJH(a)wsdot.wa.~ location: SR 509 Project John White EXHIBIT CC I -5 to City Center Access Study Draft Public Involvement Participation Roger Mason CH2M Hill Project Manager 425.453.5005 #5498 rmasonCt)ch2m.com Jeanne Acut~nza CH2M Hill Transportation 425.233.3387 jacutanza¢)ch2m.com Planning Glenn Choulard CH2M Hill Alternatives 425.241.1567 gchoulard~ch2m.com Development Maryanne Zukowski City of Federal Project Manager 253.661.4155 Maryanne.zukowski@cityoffederalway Way .corn Sarady Long- Alt City of Federal Traffic Engineer 253.661.4139 Sarady.long~cityoffederalway.com Way Greg Fewins City of Federal Deputy 253.661.4108 Greg.fe_wins~/,~cit¥offederalway.com Way Community Development Director Paul Bucich City of Federal Surface Water 253.661.4135 Paul. Bucich~cityoffederalway.com ' Way Manager Draft Contact King County Pending 206.263.1301 Pam.abbey~metrokc.gov Metro Confirmation Pam Abby Vicki Youngs Sound Transit Program 206.398.5024 youngsv~soundtransit.org Manager for Construction Draft Contact King County Pending 206.684.1481 Harold.taniguchi(~t)metrokc.gov Department of Confirmation Harold S. Taniguchi, Transportation 201 S. Jackson St., KSC-TR-0815 Director Seattle, WA 98104~3856 Zeke t_yen WSDOT OSC OSC Traffic 360.705.7289 l.,¥enZ(b;~wsdot.wa.eov Office Darlene Sharar WSDOT OSC OSC Access 360.705.7251 sharardt~3vsdol.wa.eov Hearings Engineer EXHIBIT CC 185693.AA.04_T122003001SEA · Fed Way Access Point Decision Flowchari_l 1 xl 7 · 12/1/03 · dk IN~OL ~_~MENT Council Brie§ng - soope/Approach - Process TECHNF-AL ;~'iE F~iC S IChartering I ~ 1 Attendees I-List of Nemes Purpose & NeedJ TRUe 3~mmend Evaluation Methods & Criteria - Design Cdteria - Environmental - Purpose & Need - APDR Thresholds - Analysis Years FUNDING ENVIRONMENTAL CONSIDERATIONS NEPA DOCUMENTATION EnvironmentalI Evaluation Criteria Affected I Environment 51 Methods & Assumptions - Traffic Operation - Forecasting Methodology LEGEND: - -- TM 61 Oevelop Range of Potential Alternat ves Draft Project Affected Purpose Env ronment & Need ning I t I Range of Alternatives that meet Purpose and Need Open House & Council Briefing (Including LUTC on alternatives) Draft Policy Points 1 & 2 a. Future Interchanges b. Land Use and Tronspo~a~n Plans TM gl Screening lLeve 2 ] Support Team Meeting [] Advisory Team Meeting LUTC Land Use Transportation Committee I-~ Technical Memo I~' Pending Funding [] APDR Policy Point WSDOT Design Manual 1425 Council Briefing Including LUTC Solution(s) Review of Solution(s) Draft Policy Point 4 4. Need for Access Point Revision TEA-21 Application Due Milestone Council Briefing/ Public Meeting - Preliminary Findings - Public Input - Concurrence on l Pm m na~ So ution TM 131 Screening Level 3: Recommend Preliminary Preferred Alternat ve TM 13b] Revise Screening Level 13 Preliminary Preferred Alt. TM 1161 a~= Revise Policy Point 4 4. Need for Acceas Point Revision TM 1461 ~ Draft Policy Point 6 6. OperaUonal and Accident Analyses TM 14bI Revise Policy Point 6 6. Operational Access Analysis Draft Policy Points 5, 7, & 8 a. Access Connec~ons and Design b. Coordina#on c. Harming and Environmental Processes TM 161 Preliminary Opinion of Cost Alternatives I CITY OF Federal Way CH2MHILL Council Action on APDR Preliminary Environmental Scoping by Local Agencies [Begi~ Environmental Review Environmental Scoping Meeting Workplan Outline (draft) City of Federal Way I-5 City Center Access Study I-5 City Center Access Federal Way DRAFT Purpose and Need Draft: November 26, 2003 Purpose for Action The City of Federal Way seeks to improve access to the City Center urban area from the I-5 corridor to reduce accidents (crashes) and reduced overall congestion on the I-5 corridor and City Streets. Need forAction ~ /' · t ':: ~ ~ ~ Projectigta us , - ~ Th~s project ~ ~dent]fied in the City o~f F;ederai:~Way Capital Improvement Plan~as a con~ptual planning study and is iriven by the Ciiy identifie~ plani to eXp~n~he S~uth 3~0 Sti-~'~{ '/7i~le~iri~ over Interstate 5. ~ · }, · ! ~;~ .... ~'= ~ ~- :. ~ - th Fhe State Hi ;hway System Plan ~ncludes?:several projects alo.ng~nterstate 5gn the vlc¢lty of South 320 Street tnclud ng expansion o~ South 272 ~, extension of South 3 ~2 Street, ~n HO¥ d~ect access In the vicinity of S ,uth 317 Streetl a new SR ;09 connection and ex~nsion o1' t~e SR 18 i{terchange. System Lnkage ~ ' ~ ' ;; i Interstate i5 i a Highwa o~IStatewid¢ S ~nificanee (~SS) and a~princ]pal a terial dft~e major north-south NaUonal Def~ :nse System ~d~,, trade rout,~ il running th{ length of the,~ west ¢oa~ t betw~e~ Canada and Mexico· South 320th ~ treet is,desi~ated as a pri~ giple arterial in the~Cit~ of Fedei'al Nay c~s~ififation system and the primary access serwo~ the Puget 8o~ tnd Regmnal Council (PSRC) des~ dated drban area of the City of Federal Way. T~e S9~uth 320th Street in~i~rchange at Inters~:$te 5 (s a partial, lover/Partiat diamond tnterchange. ~urrently the ramp terminal ~ntersectton~ Operate near or over capac'ty dQnng retail peak periods several hours a day. Significant weaving along S. 320th Street also contributes to operational constraints. This project will not complete a needed gap in the transportation system; however it will assist in alleviating congestion and reducing accidents along Interstate 5 around S. 320th Street. Capacity Currently Interstate 5 in the vicinity of South 320t~ Street operates near capacity with PSRC reported 1995 volume to capacity ratios of .95 in the peak direction. Traffic along this key corridor has grown and is expected to increase as growth occurs in the Ports of Tacoma and Seattle, trade with Canada increases and overall regional growth occurs. The City of Federal Way, particularly it's city center are targeted for growth, as it is a designated urban center. The City has taken significant measures to increase roadway capacity along SR 99, a major north south arterial corridor, as well as facilitating increased park and ride capacity and transit service to optimize use of alternative modes. While the Puget Sound Region is not currently in non-attainment, future growth in the area and region will increase overall pressure on transportation infrastructure systems. Transportation Demand The City Center area of Federal Way (an Urban Center) is anticipated to experience significant growth. Historically growth at the interchange has been between 1.5 and 3 percent per year. Freeway mainline traffic volumes exceed 170,000 vehicles per day (beyond the capacity of a four lane freeway), many of them (between 7 and 10 percent) freight vehicles. Overall traffic volumes on the mainline have grown between 1 and 2 percent per year. Approximately 60,000 vehicles per day use South 320th Street approaching capacity for a 6 lane arterial street. Often high weaving on this busy arterial results in poor intersection operations. Anticipated growth in the City Center and designated a~mexation areas will further exacerbate capacity and safety on South 320th Street spilling over to ramps and the freeway mainline. Social Demand or Economic Development The Federal Way city center is the economic engine of the City. Federal Way is a desigr~ated urban center by the Puget Sound Regional Council indicating concentrated growth is expected in this area within the urban growth boundaries. Improving access to the Interstate ~vill irnprove overall marketability and success of the commercial areas in the city center. Modal inter-relationships The Federal Way park-and-ride contains over 200 parking spaces and is reportedly full most days indicating it is very successful m taking south county transit riders to destinations in {owntown Seattle and Bellevue. The ~eral Way park-and-ride is served by Pierce Transit, Metrq:a~ Sound Transit. The South 320 h Street in{ercha~ge includes a transit only flyer stop on the soUthbound 0nx~amp and a transit only access dut of the Fede?al Way park-and-ride Improvements in access ~ill hc~lit~te improved travel . ~ ~ . . t~me for transit by reducing }ongest~on at ~he South 320th Street ramp te~flz a~d0n South 320th S~eet. Safety ~ · ~is segme~( of [~terstate 5 ~outb o¢ Sout~ ~20th StrUt is idSntiQed as a ~i~h Acc!de~t Locatio~ (BAL) due in pa~t t~ the oonnict~ at'he interCh~ge and ¢~i~h statidn, high level ~f congestion, and high volumes of freight ~a~fic. Improving~ccess t5 th~ city center is expected to reduce ~ongest~o~and mitigate acc~dents~ ~ ~ Roadway~Defic~en0ie~ Cu~ently Sobth 320th S~eei is six t~bu~h lanes wit~ frequent ~ffic signall Weaving along the con'idor results ~n Podr comdor operations CiTY OF Federal Way ~ CH2MHILL Project Issues City of Federal Way I-5 City Center Access Study %eral Way DATE: TO: FROM: VIA: SUBJECT: December 15, 2003 Eric Faison, Chair Land Use and Transportation Committee Patrick Doherty, Deputy Director for Economic Development, Community Development Services Department' David H. Mos~ ~I~tyManager Status of Code Amendments Related to Large-Format Retail Establishments in City Center BACKGROUND History of the Issues As part of the Year 2001 Planning Commission work program, staff was asked to develop a code amendment intended to exclude large discount retail establishments from locating within the City Center Core (CC-C) zoning district. Examples. of discount retail establishments include Target, Wal- Mart and Fred Meyer. The purpose of excluding these types of uses from the CC-C was purportedly due to their "typical" development typology and its incompatibility with the goals and policies of the Federal Way Comprehensive Plan (FWCP). The development typology typically associated with these types of uses includes large-scale, single-story, single-use buildings over 100,000 square feet in size with large expanses of surface parking facilities. This type of development is not compatible with the adopted goals and policies of the FWCP which encourage multistory, pedestrian-scale, mixed-use development that more efficiently uses CC-C land. In response to this work program item, and in an effort to implement a broader range of goals and policies of the FWCP related to the City Center-Core zoning district, staff analyzed the underlying issues further and proposed a somewhat different approach through code amendments that would create supplementary development standards for all large-scale retail, office and entertainment uses in the CC- C zoning district. Staff believes that prohibiting discount retail establishments from locating within the CC-C could inhibit economic investment in the Federal Way City Center. In addition, limiting the scope of the proposed code amendments to solely discount retail establishments would not address the identical impacts associated with other, nondiscount, single-story, large-scale retail, office and entertainment developments in the CC-C. These uses are typically located in commercial shopping centers that have comparable large-scale, single-story buildings that are not compatible with the vision of the Federal Way City Center as a pedestrian-scale, mixed-use urban center. Summary of Proposed Code Amendments With the above-mentioned new, more inclusive direction in mind, staff developed draft code language to address the broader issue of these large, single-story commercial structures in the CC-C. Here is a Memo to LUTC on Status of City Center Code Amendments Page 2 of 3 summary of the code provisions, as originally proposed (for details, please refer to the Staff Report to the Planning Commission, September 18, 2002, attached): · For new single structures or combined structures over 75,000 square feet in gross floor area, there would be two options: o Limit first-floor footprint to 75,000; the structure shall have a minimum of three floors and the third floor shall have a minimum floor area of 50,000 SF or 80% of the second story, whichever is less, OR o Unlimited first-floor footprint, but for every 1000 SF over 75,000 SF, provide one dwelling unit of housing on site. · For additions to existing structures or developments of less than 75,000 SF, there would also be two options: o The structural addition shall contain two stories, with the second floor having a minimum floor area of 50,000 SF or 80% of the second story, whichever is less, OR o One-story addition allowed, but for every 1000 SF over 75,000 SF, provide one dwelling unit of housing on site. · An exemption to the above requirements would be allowed for increases in floor area of up to 25,000 SF or 10% of the total floor area on the site, whichever is less. · In addition, the definition of"subject property" would be revised to recognize large shopping centers or other developed that are jointly developed, designed, accessed, or managed as a single development. Planning Commission and L UTC Review After developing the draft code provisions outlined above, staffreturned to the Planning Commission on September 18 and October 23, 2002. The direction provided by the Planning Commission was for staff to engage property and business owners within the City Center-Core in one-on-one conversations about the subject and proposed code provisions to gain greater insights and/or alternatives from that constituency. The Land Use and Transportation Committee met on November 18, 2002 to review the Planning Commission's recommendations and consider the'proposed amendments. Given the Planning Commission's recommendation for staff to discuss the amendments more thoroughly with City Center property and business owners, the LUTC concurred with this recommendation, as well as potentially to hold a joint PC/LUTC public hearing and instructed staff to proceed with meeting with property and business owners. Since that time, staff have had the opportunity to meet in person with several of the key property owners in the City Center to discuss the proposal. While a majority of the property owners expressed sympathy with the policy intent of seeking more multi-use and efficient use of City Center land, all of the parties encouraged the City to explore a more i~centives-based approach before and/or in place of this regulatory approach. Both in response to these comments and in parallel, the City Council and staffhave been working on the concept of incentives for the past two-plus years, as itemized below: · City Council has approved tile limited property tax exemption for residential and mixed-use projects in the City Center; · City Council has approved and staff is currently proceeding with a SEPA Planned Action and related code amendments/ordinances, slated for adoption Spring 2004; · City Council has considered redevelopment strategies and/or potential public-private partnership ideas in FEDRAC meetings over the past year and has decided to make this issue a key topic for Memo to LUTC on Status of City Center Code Amendments Page 3 of 3 the Council's annual retreat in January. NEXT STEPS Given the strong recommendations fi'om the public for the City Further to explore and consider incentives, and given thc above-cited Council and staff actions and work items, staff has dedicated its time to these incentive-oriented strategies, with the intention of reintroducing these code amendments as part ora bundle ofproposa!s for City Council consideration next year: SEPA Planned Action ordinance, City Center code changes, and potential redevelopment strategies. Staff has been asked to offer this status report at this lime as a prelude to reintroducing consideration of these code amendments in thc t~pcoming months. RECOMMENDATION No action is recommended at this time. This memo and staff comments at the LUTC meeting are intended to be infom~ational and serve as an update. APPROVAL OF COMMITTEE REPORT: Eric Faison, Chair Michael Park, Member Dean McColgan, Member CITY OF ~ Federal Way PLANNING COMMISSION RE COMMENDATION DATE: November 8, 2002 TO: FROM: VIA: SUBJECT: Eric Faison, Chair Land Use/Transportation Committee (LUTC) Rox Burhans, Associate Planner Patrick Doherty, Deputy Director David Moseley, City Manager Planning Commission Recommendation - City Center Core Supplementary Development Standards Code Amendments to the Federal Way City Code (FWCC) A. BACKGROUND~ROPOSAL As part of the Year 2002 Planning Commission work program, staffhas proposed code amendments related to creating supplementary development standards for large-scale retail, office, and entertainment uses in the City Center Core (CC-C) Zoning District. The proposed code amendments would incorporate regulations into Federal Way City Code (FWCC) Chapter 22. The staff recommendation to. the Planning Commission is attached as Exhibit I. B. PLANNING COMMISSION RECOMMENDATION The Planning Commission conducted a public hearing on September 18, 2002 (Exhibit 2, Meeting Summary). They voted to continue the hearing to October 23, 2002, at which time they recommended denial of the proposed code amendments, in their present form (Exhibit 3, Meeting Summary). During the Planning Commission's September 18, 2002 hearing, staff submitted a report (Exhibit 1) and made a presentation on the proposed code amendments. During this meeting, representatives of the SeaTac Village Shopping Center (Mr. Jerry Lutz) and KC Investments (Mr, Rob Reuber) provided testimony on the proposed code amendments. The SeaTac Village Shopping Center representative also submitted written comments listed as Exhibit 4. At the conclusion of the meeting, the Planning Commission gave staff a set of questions to research and address, and voted to continue the hearing to October 23, 2002. At the October 23, 2002, Planning Commission hearing, staff submitted a memo (Exhibit 5) and made a presentation addressing each of the Planning Commission's questions. A representative from the SeaTac Village Shopping Center provided testimony and submitted a revised set of written comments listed as Exhibit 6. At the conclusion of the hearing, the Planning Commission recommended denial of the proposed code amendments, in their present form. The Planning Commission's principal concern with the proposed code amendments was the amount of participation with existing property owners in drafting the proposed development standards. While the Planning Commission indicated their general support of the proposed code amendment's concept and intent, they felt property owners should have been more directly involved in drafting the proposed development standards. Staff efforts to solicit comments and feedback from property owners consisted of presenting the proposed code amendments at several Federal Way Chamber of Commerce and City Economic Development Committee meetings, and at the City Center/SeaTac Mall redevelopment workshop.! In addition, staff mailed a notification of the September 18, 2002, Planning Commission hearing to each property owner in the City Center Core and Frame Zoning Districts. As part of the Planning Commission's recommendation of denial, staff was advised to provide additional public participation opportunities in order to develop a proposed code amendment(s) that would be supported by the CC-C property owners. C. COUNCIL ACTION/STAFF RECOMMENDATION The Committee has the following options: 1. Recommend that the full Council adopt an ordinance (Exhibit 7) approving the proposed code amendments. 2. Recommend that the full Council modify and then approve the proposed code amendments. 3. Recommend that the full Council disapprove the proposed code amendments, as recommended by the Planning Commission. 4. Recommend that staff meet with City Center property owners to collect additional comments and feedback and return to the Planning Commission for a recommendation. Staff recommends that the Committee recommend to the full Council adoption of the code amendments, as proposed by City staff (Exhibit 1). D. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the proposed amendment to the full. Council for first reading on December 3, 2002, as follows: Recommend that the full Council adopt an ordinance approving the proposed code amendments. Recommend that the full Council adopt an ordinance approving the proposed code amendments, as amended by the LUTC. Recommend that the full Council disapprove the proposed code amendments, as recommended by the Planning Commission. Recommend that staff meet with City Center property owners to collect additional comments and feedback and return to the Planning Commission for a recommendation. APPROVAL OF COMMITTEE REPORT Eric Faison, Chair Michael Park, Member Dean McColgan, Member LIST OF EXIIIBITS Exhibit I Exhibit 2 Exhibit 3 Exhibit 4 Staff Report to the September 18, 2002, Planning Commission Meeting Minutes for the September 18, 2002, Planning Commission Hearing Meeting Minutes for the October 23, 2002, Planning Commission Hearing SeaTac Village Shopping Center Comments for the September 18, 2002, Planning Commission Hearing ~ During the City Center/SeaTac Mall Redevelopment workshop, a suggestion was offered to permit the housing required as part of Option 1I of the proposed code amendment, to be constructed in a separate and detached structure located on the subject property. This suggestion was offered as an alternative feature to be considered as part of the Planning Commission's recommendation to the LUTC (page 7 of Exhibit 1). City Center Core Supplementary Development Standards Code Amendments File #02-! 01595-00-UP / ooc ED :OSS9 Planning Commission Recommendation Memorandum to LUTC Page 2 Exhibit 5 Exhibit 6 Exhibit 7 Staff Memo to the October 23, 2002, Planning Commission Revised SeaTac Village Shopping Center Comments for the October 23, 2002, Planning Commission Hearing Draft Ordinance ~2ity Center Core Supplementary Development Standards Code Amendments File #02- I 01595-00-UP / r~ i o. 20889 Planning Commission Recommendation Memorandum to LUTC Page 3 CITY OF FEDERAL WAY MEMORAMD UM October 16, 2002 TO: FROM: SUBJECT: MEETING DATE: John Caulfield, Chair Planning Commission l~ox Burhans, Associate Planner Patrick Doherty, Deputy Director City Center Core Supplementary Development Standards Code Amendment October 23, 2002 BACKGROUND This memorandum is in response to the Planning Commission's September 18, 2002, request for additional information regarding the proposed City Center Core Supplementary Development Standards Code Amendment. During the September 18, 2002, Planning Commission meeting, staff submitted a report and made a presentation on the above-noted, proposed code amendment. At the conclusion of the meeting, the Planning Commission gave staff a set of questions to research and address during the October 23, 2002, meeting. Section II of this memo will provide answers to each of the Planning Commission's questions. PLANNING COMMISSION QUESTIONS 1) Explain the rationale of the proposed definition of"subject property." Can the proposed definition of"subject property" be modified to minimize any subjectivity? For purposes of the proposed City Center Core Supplementary Development Standards Code Amendment only, staff has proposed expanding the existing Federal Way City Code (FWCC) definition of "subject property." The existing definition of subject property largely contemplates multiple lots or parcels that have co~nmon property ownership. Staff has recommended expanding this definition to include all lots or parcels that are physically and functionally interconnected. Staff has recommeuded the expansion of this definition in order to prevent a developer from attempting to evade the proposed development standards by reorganizing his/her property into a myriad of ownership relationships, project phases, and/or submitting separate permit applications. The FWCC existing definition of subject property could potentially allow large-scale pr~)jects to evade the proposed code amendment. A large-scale development could possibly evade the proposed development standards by reorganizing a project site through a binding site plan or commercial subdivision. There are several existing large-scale shopping centers within Downtown Federal Way that appear and function as a single development, but are comprised of several, unusually distiuct property ownerships, and therefore, do not meet the existing FWCC definition of subject property. Staffexamined the proposed definition of subject property for possible modifications that would m in ira ize any subjectivity. The second sentence within the proposed definition of subject property states. "The criteria used to determine if two or more abutting lots or parcels are considered physically and functionally intercounected may include, but are ,Jot limited to, common ownership and/or use of tile lot or parcel, reciprocal access and/or parking, shared facility management and/or support services, and any of the following common i~nprovements: architectural design features and materials, signage, landscaping, parking facilities, restrooms, and/or common areas." In order to provide property owners or potential developers with a specific itemized criteria for determining xvhat would constitute a subject property, staff is recommending deleting the folloxving from the above noted portion of the proposed definition, "...may include, but not limited to .... "This modification would also minimize any subjectivity in the application of the proposed definition. 2) Can additions or expansions to existing structures be exempt from the proposed code amendment's development standards? The City Center Core (CC-C) zoning district is largely developed, with only a few vacant, developable sites. Future development within the CC-C will largely occur through expansions and additions to existing developed properties. Many of the properties in the CC-C contain older, large- scale, single-story commercial structures that are outdated and/or inconsistent with the goals and policies of the Federal Way Comprehensive Plan (FWCP). Exempting additions or expansions oil existing properties would significantly reduce the proposed code amendment's ability to promote future development that is consistent with the envisioned CC-C. In addition, limiting the scope of the proposed code amendment to vacant undeveloped sites would create an uudesircd incentive to retain old~r, incompatible structures. This incentive would protnote a continuation of the CC-C's existing development typology and thwart more comprehensive redevelopments. Staff believes the proposed code amendment should be applicable to new structures proposed for undeveloped sites and to proposed increases in gross floor area on developed subject Properties. However, if the Planning Commission wishes to reduce the code amendment's impact to expansions or additions to existing structures, they may consider increasing the gross floor area exemption. As noted in tile September 18, 2002, Slaff Report to the Planning Commission, staff is recommending the inclusion of a gross floor area exemption that would permit small increases over existing gross floor area to be exempt from the proposed code ameudment's development standards. Staff is recommending a gross floor area exemption equal to the lesser of 10 percent of the existing gross floor area, or 25,000 square feet. This exelnptiou would allow existing property owners to make necessary small expansions to accommodate existing and/or fl~tt~re tenants. The Planning Commission, as part of their recomlnendation to the Land Use and Transportation Committee, could increase the gross floor area exemption. While this option is not part of staff's recommendation, any increase to the gross floor area exemption should not exceed the lesser of 15 percent of existing gross floor area, or 30,000 sqnare feet. 3) Would a "big box" development moratorium be appropriate within tile CC-C zoning districl? As discussed at tile September 18, 2002, Planning Commission meeting, staff has concerns regarding the implementation of a "big box" development moratorium in tile CC-C. In order for a development moratorium to be legally defensible, the community must be facing an emergency simatiou. In addition, and also very importantly, a develop~nent moratorimn would send a negati, ve City Center Core Supplcmcntary I)cvclopmcnl Standards Code Amendmcms I~lannmg Commission Memorandum File 02-102180-O0-tJl' / i>,,c u* 20~,;2 Page 2 4) S) message to the development community regarding opportunities in Federal Way. 'The City does not wish to discourage redeveloptnent in the City Center in order to harness "big box" developments that are consistent with tile FWCP. tt0wever, the intent of tile proposed code amendment is to ensure that highly developable properties iu the CC-C are not occupied by large-scale "big box" type development. Would a City Center Master Plan facilitate the multistory mixed-use type of development envisioned by the FWCP? A City Center Master Plan could be used as a tool for encouraging development that is consistent ~vith the FWCP. Section 6 of this memo discusses future development incentives that will be offered in Downtown Federal Way to encourage the desired type of development. Examples of these incentives include the Planned Action SEPA and public improvements achieved through a Community Renewal Plan. It should be noted that the planning associated with each of these types of incentives is comparable to the development of a master plan, as discussed during the September 7, 2002, Planning Commission meeting. However, a more proactively designed City Center Master Plan may be a good way to further articulate the vision for Downtown Federal Way and develop an energy that could attract development. The development of this type of plan may be an item for further discussion and consideration between members of the Planning Commission and City Council. What is the maximum allowed residential density in the City Center? What is the existing residential density in the City Center? The maximum allowed residential density in the City Center is 80 units per-acre, or one unit per 545 square feet of lot area. The following table will provide a list of all residential development in the City Center and their approximate densities. Existing City Center Residential Densit'? Name I Number of Units I Lot Area I Density Brightwater Apartments 136 210,395 I unit/l,547 sq ft of lot area Chelsea Court Condominiums 110 196,456 1 unit/I,786 sq ft of lot area Meridian Court 200 161,172 I unit/805 sq ft of lot area Steel Lake Plaza 54 89,298 I unit/l,654 sq ft of lot area Trinidad South Condominiums 43 67,082 I uniffl,560 sq ft of lot area Willamette Court I O0 73,181 I unit/732 sq ft of lot area Woodmark at Steel Lake 85 150,282 I unit/l,768 sq ft of lot area Woodside Apartments 159 215,622 I unit/l,356 sq ft of lot area Total 887 I, 163,488 As noted above, there are approximately 890 residential dwelling units located on siugle-use sites in the City Center Frame zoning district. The FWCP directs the City to encourage the development of deuse multifam i ly housing in a ill ixed-use environment in order to provide housing opportunities close to employment and shopping, geuerate a significant amount of pedestrian activity, and increase the diversity of housing types in the City. The quantity and type (located on single-use sites) of existing downtowu housing, particularly in the Core area, is inconsistent with the goals and I 'l'hc multi family residential complexes listed below arc located within the City Center Frame zoning district. Presently, there arc no residential units located in the City Center Core zoning district. City Ccntcr Core Suppletncntary l)cvclop~ncnt Standards Code Amendmcnts File 02-102180-00-UP / i)o~ .) 20632 Planning Commission Mcmorandum I'agc 3 policies of the FWCP. To l~elp implement tile FWCP goals and policies for downtown multifamily housing, the City has increased tile permitted residential density and allowed building heights, and made significant investments to neighboring park facilities. In spite of these incentives, the last City Center residential development occurred in 1997.2 Option II of the proposed code amendment, allowing property owners to construct housiug above an existing or proposed structure,3 would help facilitate tile development of the desired dowr~town housing. 6) What are tile current and planned development incentives within tile City Center? The following is a list of current development incentives offered itl the Federal Way City Center. · Substantially greater building heights: up to 145 feet for office uses, 85 feet for residential uses, and 95 feet for retail uses · A maximum residential density of 80 units/per acre · Over $17 ~nillion of public right-of-way i~nprovements · Over $3.5 million in stormwater drainage improvements · Comprehensive rcviexv of permitting process to improve permitting Citywide · Continuous review of the FWCC by the Economic Development Division to identify' code amendments that would remove barriers and/or attract appropriate development · Development of public park facilities and open spaces such as Celebration Park and Steel Lake Park The following table is a list of planned development incentives within the Federal Way City Center. Planned City Center Development Incentives Planned Incentive Description SEPA Planned Action Housing Tax Exemption Reduce Infrastructure Requirements/ Build Infrastructure hnprovements Participatiou iu Development ora l)owntown Public Parking Garage Community Renewal Plan The City would develop an Environmental Impact Statement for the City Center's envisioned development typology. Applicants whose proposed development is consistent with this typology would be offered a substantially expedited land use permit without going through environmental or other appealable land use approvals. New City Center residential construction would be exempt from property taxes for a period often years. The City could either reduce the City Center design requirements for identified grid streets, or may commit to constructing desired right-of-way improvements itself. The limited supply of parking at tile SeaTac Mall and other downtown sites may impede future redevelopment. Tile City could participate ill the development of a public parking garage to increase tile supply of available parking. The City could designate a community renewal area that would facilitate thc establishment of tax increment financing to fired the development of infrastructure improvements and/or a public parking ..... ~3ra~c. 2 This development consisted of two scmor housing facilities: Meridian/Willamette Corn1 and Woo&nark at Steel Lake. 3 As an alternative to thc rcquircmcms specified m ()piton 1, rcqt,iring the development of a structure with a minimum number of stories and a maximnm building footprint of 75.000 square feet. City Cculcr Core Supplementary I)cvclopment Stamlards (?{)tie Amendmenls I~lannmg Commission Memorandum File 02- 102180-00-tJP / i~o~ ~I~ Page 4 7) Wily are tile curreut and planned development incentives (without tile proposed code amend~nent) not sufficient to attract tile type of development envisioned by tile FWCP? The present day Federal Way City Ceuter is an established and profitable regional retail market. As may be expected, property owners, recognizing the retail marketability of their properties, focus on continued retail occupaucies of their sites. This marketiug approach is consistent with retail developers who, if pern~itted, focus on developiug single-use retail sites, as opposed to entering into markets or development projccts they are unfamiliar with or are inconsistent with their existing retail development portfolios, such as mixed-use developments, housing, offices, lodging, etc. The present day City Center land values are such that the development of single use retail sites continues to be profitable. However, the !and values remain too high for the development of other types of stand-alone uses such as office and residential. If land values in the City Center were to significantly increase, the development of new single-use retail sites would no longer be feasible. If this were to occur, developers would likely seek to collocate retail uses with other uses that thrive in multistory locations, like office or residential. This would allow the high land costs to be apportioned to multiple uses. This development pattern is consistent with other Puget Sound cities with high land values such as Seattle, Bellevue, Kirkland, etc. The existing set of incentives, listed above, although allowing greater development densities and a mix of uses, do not appreciably change the couditiou just cited, wherein land values are such that stand-alone, single-story retail/service development is still profitable for City Ceuter property owners. The types of incentives listed above that are being considered by the City Council for the future begin to affect the financial equation, by offering financial incentives to desired develop~nent. These incentives may in fact be successful in fostering a modicum of comprehensive plan-consistent mixed-use development. However, these incentives have not yet been approved by the City Council, are not yet in effect, and may not result in the desired effect on development for some time to come. In addition, even with modest incentives for mixed-use development available, it is not clear that property owners or developers oriented solely to retail development schemes will be swayed by these incentives. As mentioued earlier, it may take more than simple incentives to compel shopping center developers to consider mixed-use deve~lopment, something they may have no history with, may not be comfortable with, and/or may require partnering with other developers. Staff believes that tile proposed code amendmeut and the existing aud plauned City Center development incentives would act in coucert with one another. Tile proposed code amendment would encourage developers to think outside the "big box" development typology, while increasing tile feasibility of tile desired development through tile offeriug of incentives. Meanwhile, tile threat of more "big box" retail development, or simple continuatio.1 of the existing single-story, single-use retail development through additions and expausions, is very real and staff believes something ~nore than incentives is necessary to ensure future development that is more consistent with tile FWCP. 8) I Iow was tile 75,000 square foot maximum building footprint size threshold determined? Could this threshold be reduced? As discussed iu tile September 18, 2002, Staff Rel~or! to the Plamting Commixsion, staffexamiued the sizes of large-scale stand-alone retail establishments and shoppiug centers. This research did not lead to any conclusive "typical" facility size; however, several of these types of facilities developed Cily Ccnler Core Supplementary I)cvclopmcnl Standards Code Amendments File 02-102180-00-UI~ / ooc m 20632 Planning Commission Memorandum Page 5 over the past several years have been approximately 150,000 square feet in size. Option I of the proposed code amendment limits building footprints to a maximum of 75,000 square feet and requires the development ora minimum three story structure. Under Option I of the proposed code amendment, a new 150,000 square foot large-scale retail establishment or shopping center would likely divide its operations between the first two stories of the structure. Fred Meyer has successfully implemented this two-story retail development typology in the cities of Seattle, Redmond, and Portland. If Option I's 75,000 square foot building footprint size threshold were to be reduced, this would likely require the principal retail tenant to divide its operations between three or more floors. This development typology would likely not be feasible in the Federal Way City Center and would essentially constitute an obstacle to the inclusion of major retailers in the City Center. Therefore, the proposed 75,000 square foot threshold recognizes the likely scenario of recent large retailers that could be accommodated on two floors, a development typology with some history and feasibility. PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amendment: 1. Recommend the City Council adopt the FWCC amendment as proposed; 2. Modify the proposed FWCC amendment and recommend the City Council adopt the FWCC amendment as modified; 3. Recommend the City Council that the proposed FWCC amendment not be adopted; or, 4. Forward the proposed FWCC amendment to the City Council without a recommendation. STAFF RECOMMENDATION The following motion is suggested: Move to recom~nend the City Council adopt the proposed FWCC text amendment related to creating supplementary development standards and special nonconformance provisions within the City Center-Core (CC-C) zoning district (if changes occur as a result of Planning Commission deliberations add, "...as amended by the Planning Commission."). City Center Core Supplementary Development Standards Code Amendments Planning Co~nmission Memorandu~n File 02-102180-00-UP / Doc ID 20632 Page 6 STAFF REPORT TO THE PLANNING COMMISSION City Center-Core Supl)lcmcntary Development Standards Federal Way City Code (FWCC) Amendment Planning Commission Meeting of September 18, 2002 BACKGROUND As part of the Year 2001 Plmming Commission work program, staff was asked to develop a code amendment intended to exclude large discount retail establishments from locating within the City Center-Core (CC-C) zoning district. Examples of discount retail establishments include Target, Wal- Mart, and Fred Meyer. The purpose of excluding these types of uses from the CC-C was due to their "typical" development typology and its incompatibility with the goals and policies of the Federal Way Comprehensive Plan (FWCP). The development typology typically associated with these types of uses includes large-scale single-story, single-use buildings over 100,000 square feet in size with large expanses of surface parking facilities. This type of development is not compatible with the adopted goals and policies of the FWCP, which encourages multistory, pedestrian scale, mixed-use development that more efficiently uses CC-C land. In response to the Planning Commission's request, and in an effort to implement the goals and policies of the FWCP, staff is proposing a somewhat different approach through code amendments that xvould create supplementary development standards for all large-scale retail, office, and entertainment uses in the CC-C zoning district. Staff believes that prohibiting discount retail establishments from locating within the CC-C could inhibit economic investment xvithin the Federal Way Downtown. In addition, limiting the scope of the proposed code amendments to solely discount retail establishments would not address the identical impacts associated with other, non-discount, large-scale retail, office, and entertainment uses in the CC-C. These uses are typically located in commercial shopping centers that have comparable large-scale single-story buildings that are not compatible with the vision of Downtown Federal Wa3, as a pedestrian scale, mixed-use urban center. Sections A and B of this report xvill present each of the proposed code amendments in underlined text. The numbers located in tile right margin (bold font) of each proposed code amendment provision correspond to the location of tile applicable staff explanation m Section C of this report. I;'W(fC' ,5'cction 22-977, City Center-Core Supplementary Development ~S~tandards Code A me~dment - ~proposed structure or structures with a gross floor area over 75,000 sq. ft., or an increase m existing_gross floor area over 75,000 sq. fl., in the city center core zoning district containing rctail, office, and/or entertainment uses on a subjec~Lpr~j)erty shall comply with one of the following o_ptions: Option 1: The cunmlative building footprint of the structure or structures shall not exceed 75,000 s~t. fl; the structure or structures shall have a minimum of three stories, and the third story_ of the structure or structures shall have a mini~num gross floor area equal to the lesser of 50,000 sq. fl., or 80_percent of the second story_. l~ 2~ 3, 4, &8 5 OR Option 11: For every 1,000 s~. ft. of proposed gross floor area that is over 75,000 s~t. t~L~. 6 & the a_pplicant shall provide one dwellin_g unit of housing to be located above the ground floor of any existing or proposed structures on the subject property_. At least 75 percent of 7 the dwelling units shall have a minimum gross floor area of 600 sq. fl.~ Exccp_t as specified in FWCC 22-977(3), a_pr~3)oscd increase in gross floor area of less 2, 3, than 75,000 sq. ft. in the city center core zoning district containing~9_tail, office, and_ 8, q~ eutertainment uses. when added to a subject pr~j3erty with existing cumulative gross floor area greater than 75,000 sq._ft, occu~pied by retail, office, and/or entertainment uses, shall 9 comply with one of the following options: Option h The structure or structures containing the proposed gross floor area expansion shall have a minimum of two stories, and the second story_ of the structure or structures shall have a n~inimum gross floor area equal to the lesser of 50,000 sq. ff., or 80 percent of the ground floor. OR 9 Option 1I: For every 1,000 sq. ft. of proposed_gross floor area, the ap. plicant shall 6, provide one dwcllina unit ofhousina to be located above the ground floor of any existi~ & 9 9r proposed structures. At least 75 percent of the dwelling units shall have a minimum gross floor area of 600 so,. The requirements of FWCC 22-977(2) shall not be triggered by a proposed increase in gross floor area up to the lesser amount of 25,000 sq. ft., or 10 percent of the total gross floor area existing, under constructiou, or proposed as part of a complete buildingl~crmit a_t~lication on a sub_ject~pr~opertv as of the effective date of this section. For pu_Lposes of this section and ~vcc 22-339. I (see below), the "su~t~pr~l)ert7" shall include all lots or parcels that contain existing anger p~osed retail, o~ and entc~ainmcnt uses that arc p~ically and functionally interconnected. Thc criteria used to determine if two or more abutting5 or parcels are ~nsidercd physiolly m~d functionalb: intcrcommctcd may include but arc not limited to. common ownership and/or usc of the lot or parcel, rc~rocal access and/orparking shar~ hcility management and/9_r suppo~l settees and any of the followin~ common improvements: architectural desih~ fcaturcs and materials, signagc, landscapin~king facilities, rcstrooms and/or common armas. Ifexisting~roposed structures are located on two or more lots or parcels or arc included undqr a common permit action with two or more lots or p3rcels, all lots ~)ar~ls containing thc structure or stmctnres shall bc considered a si~ subject propca~ Two or more abutting lots or parcels coutainin~evc~)mcnt activities l)~)oscd~_ thc samc gl~plicant or uudcr review Dy thc commu~cvc~mlcnt services orpublic works departments at apl)roximatcly the same time shall be considered a single subject pr~,ca~ 10 11 & 12 City Center-Core Supplementary Developtnent Standards l~lanning Commission Staff P.q~o~l File #02-102180-00-UP / t~. ~D. ~98~9 Page 2 I"WC(' Section 22-339. 1, ,%']?ecial l'rovisions for the CiO? Center-(;ore Zoning District Code Amendment Related to IVonconformance - Proposed improvements to an existing structure or structures and/or changes in use shall not tr_~_ie;ger a requirement otherwise applicable under FWCC 22-334 that an applicant correct a nonconformance if that nonconformance was created solely by the adoption of FWCC 22-977 (the proposed code provision). 13 C. Staff Explanation of Proposed Code ~4mendments - Code Amendment's Relationship to The Recently Issued City Center Market ~S'tudy - 'Die recently issued City Center Market Study includes projections of future office development within the City Center over tile next 20 years. The market study indicates that the East and West Campus areas of Federal Wa5, will continue to capture the majority of the City's demand for future significant office space. 'D~e City Center will experience less demand than these competing Federal Way office markets due to real estate sale prices and lease rates in the City Center being largely based on retail uses, which are substantially higher then office uses. Tile market study also projects the amount of future residential development within tile City Center. Consistent with the findings for future office development, the City Center may see less residential development than other areas of the City due to higher land values in the City Center, which discourage developers from coustructing multi-unit housing based on thc rental rates the Federal Way apamncnt market can command. Absent some form of assistance or intervention, the market study indicates that the City Center may not realize the rate and scale of future office and residential development envisioned by thc FWCP. The proposed code amendment's prescribed mixed-use development t3rpoIogy would' likely miuimize the above noted fiscal impediments to constructing office and residential development within Downtown Federal Wa),. 'Die market study's projection for future downtown office and residential development is largely based on the assumption that these developments will occur on single-use sites. This assumes that the cost of purchasing property with a sale price based on anticipated retail occupancy to be absorbed by a single- usc office or residential development. The proposed code amendment's development typology would apportion thc Git3, Center's real estate costs to multiple uses in a single, mixed-usc development, such that office and/or residential development would not have thc burden of the full land costs. Applicabilio? to New ,S'tructures and Increases in Gross Floor A rea - The proposed code amendment is applicable to new structures proposed for uudevelopcd sites and to proposed increases m existing gross floor area on developed subject properties. The proposal to include proposed mcrcascs in existing gross floor area recognizes the dcvclopcd nature of the CC-C zoning district, and the likelihood of future redevelopment occurring through expansions to existing developed subject properties. Ci(y Center-Core Supple,nm~taty I)evelop~nent Slan&trds File #02~102180-00-UP/m~. ~.o ~98~ Planning Commission Staff' P, eporl Page 3 The devclopmcnt staudards specified itl tile proposed code amendment would only be applicable to new structures and proposed increases in cxistiug gross floor area. Existing structures would not be required to be brought rote compliance with the proposed code amendmcnt's development standards. Even substantial remodels of existing structures would not trigger this code provision. For example, ifa retailer proposed to add 76,000 square feet of gross floor area to an existing 100,000 square foot structure m tile CC-C zoning district, only the proposed gross floor area (that exceeded the above noted gross floor area exemption) would be required to comply with the code amendment's development standards. In this example, the proposed gross floor area that would be subject to the supplementary development standards would be 66, 000 square feet (76,000 square feet of proposed gross floor area- l 0,000 square feet [ 10 percent] gross floor area exemption). Al~plicabiliO, to Retail, Oj]fice. and/or Entertainment Uses - FWCP City Center Goal No. Six directs thc City to, "Focus on improving tile existing character and imagc of the City Center." The-existing character and image of the CC-C is currently defined by numerous large-scale retail establishments and shopping centers. As noted above, the typical development typology of these types of facilities includes large-scale single-story buildings, with disproportionately large surface parking areas. In order to effectively improve the character and image of the City Center and achieve better, more efficient nse of land, all principal uses occupying these developments nmst be subject to the development standards specified within the proposed code amendment. The uses that typically occupy these facilities include retail and entertainment uses. While office uses are not typically located within shopping centers, the proposed code amendments would be applicable to office uses to prevent the development of the single-story "campus" style office environment that would be inconsistent with the goals and policies of tile FWCP. The types of businesses classified as retail uses include establishments selling a variety of merchandise such as groceries, clothing, hardware, electronics, sporting goods, personal care products, crc. Retail uses also include retail establishments providing banking and financial se[vices. Examples of establishmems that would be classified as e~tertomme~t uses include restaurants, taverns, health clubs, private clubs or lodges, movie theaters, and gaming casiuos. Office uses typically include places of employment providing following professional services: medical, dental, or other healthcare, accounting, Icgal, architectural and engineering, or othcr similar services. Thc CC-C zoning district has a considerable amount of cxistiug development, with relatively few vacaut lots or parcels. As discussed in thc FWCP, it is vmticipatcd that a cousidcrable amount of fi~turc development in the CC-C will occur through thc rcdcvclopmeut of the district's numerous large surface parking lots. it is anticipated that as property values ~isc ill thc CC-C, the land dedicated for large surface parking lots will become to() valuable to usc as surface parking. These parking areas will likely bc replaced with structured parking facilities, thus incrcasmg thc supply of developable land within thc CC-C. These rcdevcloped "commercial pads" would likely be occupied by retail, office, aud/or entertainment uses. City Centcrggore Supple~nentary I)cvclopmen! Standards File #02-10218040-UI' / t)o~ ~ ~gst~ I'lmming Commission Staff Rcpo~l Page 4 75,000 ~5~uare Foe! Gross Floor Area Threshold- Proposed structures or increases to existing gross floor area that are occupied by retail, office, and/or entertainment uses and arc over 75,000 square feet in size xvould be subject to the development standards specified in the proposed code amend~nent. Staff feels that stand-alone retail, office, and entertainment developments exceeding 75,000 square feet and consisting of "typical" single-story, warehouse-scale buildings result in inefficient and unattractive land use patterns that detract from the FWCP goals of creating a pedestrian scale, mixed-use environment that can accommodate the City's future growth. Staff examined the sizes of large-scale standalone retail establishments and shopping centers within the City of Federal Way and neighboring King County municipalities. This research did not lead to any conclusive average or "typical" facility size. However, several of these types of facilities, developed over the course of the last several years, have had gross floor areas of approximately 150,000 square feet. Option I- 75, 000 Square Foot Maximum Building Footprint - The City Center chapter of the FWCP directs the City to concentrate new development in order to achieve a more efficient use of land. As noted above, large-scale, stand-alone retail establishments mid shopping centers found in both the City of Federal Way and neighboring municipalities can have gross floor areas of approximately 150,000 square feet. Because these facilities typically consist of single-story buildings, this type of development results in a building footprint that represents a very inefficient use of scarce CC-C land, and is not compatible with the goals and policies established in the FWCP to promote a higher intensity of uses and pedestrian orientation. A building footprint maximum that is significantly less than the footprint typically associated with these types of uses would likely promote multistory development. This multistory or "vertically oriented" development typology will create a more intense use of CC-C land that promotes overall land use efficiency. Large-scale retailers would adapt to this building footprint threshold by dividing operations between the first two floors of a proposed structure. The goal of promoting a distinct "urban center" within the downtown community is not tmiquc to Federal Wa5,. Other cities, such as Bellevue, Redmond, Mill Creek, and Renton, have also been actively promoting concentrated mixed-usc development within their respective downtowns, lu addition, the retailer Fred Meyer has successfully developed multi-story stores in the cities of Seattle, Redmond, and Portland The "vertical mall," located north of Seattle's North Gate Mall, is auother example of a development that has accommodated large-scale retailers (Target and Best Buy) within a multistory structure. I). M~'nimum ofTt~rce ,¥[ories - Figure VII-6 of thc FWCP (Exhibit B) visually pomays the envisioned City Center in the year 2025. This image, with its numerous multistory buildings and mixed-use development, is representative of thc how thc City Center could look upon successful implementation of the goals mid policies adopted in the FWCP. These goals mid policies, as noted above, encourage a more intense and efficient use of CC-C land, with a mix of compatible uses that will improve the existing character and image of the CC-C. City Center-Core Supplementary Development Stm~dards File #02-102180-O0-UP / t~o~. i.d. ~gs ~0 Planning Cmmnission Staff Report Page 5 Option One of the proposed code amendment would require retail, office, and/or entertainment uses that exceed 75,000 square feet of gross floor area to be developed in structures with a minimum of three stories. As noted above, based on the total gross floor area of observed large,scale retail establishments, retailers would likely occupy the first and second floors of the proposed structure. The additional gross floor area created on the required third floor would provide an opportunity for uses other than retail to occupy this floor. The required third floor could be occupied by office uses to respond to the anticipated future demand for office space in the CC-C, the ability of office uses to thrive in upper floor locations, and the ease of developing a mixed-use structure to accommodate retail and office uses. In order to better accommodate modern office floor plate requirements, the maximum required gross floor area on the third floor has been limited to 50,000 square feet, which could be reconfigured as two 25,000 square foot floor plates separated by internal courtyards, etc. The mixing of retail and office uses within a single development will enhance the attractiveness and liveliness within the CC-C, and thus implement the goals and policies of the FWCP. 6. .Option II- Provision of Multi-Unit Housing - The maximum building footprint limit, contained in Option I, may be infeasible for certain types of businesses that require larger areas of ground floor square footage. Examples of this type of development may include retail shopping centers with multiple retail and entertainment uses requiring ground floor access and visibility. To accommodate the needs of these types of businesses in a way that implements the goals and policies of the FWCP, a second option has been incorporated into the code amendment's development requirements that would permit the larger single- story development, but with multi-unit housing located above any existing or proposed structure. The proposed code amendment's requirement to include multi-unit housing (under Option II) would facilitate the construction of mixed-use commercial/residential development within the CC-C. FWCP City Center Goal No. Seven directs the City to, "Encourage housing opportunities in mixed residential/commercial settings. Promote housing opportunities close to employment." Any multiunit housing, constructed as a part of Option II, would be located within walking distance to employment, shopping opportunities, and entertainment activities like movie theaters and restaurants. Promoting residential development within walking distance to these businesses would help reduce the dependency on automobile travel, while increasing the amount of pedestrian activity within the City Center. In addition, constructing housing above any existing or proposed structures located on the subject property would help redefine the existing character and image of the CC-C by promoting multistory development. Option 11 also requires at least 75 percent of the required residential dwelling nnits to have a minimum gross floor area of 600 square feet. Staff is recommending this minimum size requiremeut in order to ensure an adequate mix of housing types in Downtown Federal Way. Staff has reammmended the minimum dwelling-unit size requirement in order to prevent a developer from constructing an excessive amount of small efficiency style or single-room occupancy (SRO) type units. Staff researched residential apartments that have City Center-Core Supplementary Development Standards File #02-102 I80-O0-LIP / oo,. m ~8~9 Plamfing Cotmnission Staff Report Page 6 10. recently been co~lstructcd as part of mixed-use development projects to gain an understanding of the typical apartment types and sizes. This research revealed that efficiency, or SRO units, are typically less than 600 square feet in size. Alternative Features -The Planning Commission, as part of their recommendation to the City Council, may also wish to consider incorporating alternative features into the code amendment to create additional flexibility. The scope of the proposed code amendment was presented during a recent Downtown Federal Way/SeaTac Mall redevelopment brainstorming session. A suggestion was offered during the meeting to permit the construction of the required housing (specified in Option II) on the ground level of an affected subject property, as opposed to above an existing or proposed structure. Staffbelieves that permitting the required housing to be located at ground level, versus above an existing or proposed structure, would detract from the intent of the proposed code amendment of promoting multi-story mixed-use development, that maximizes land use efficiency. In evaluating this option, the Planning Commission may wish to consider creating an incentive to constructing the above grade housing by requiring any ground level housing to be constructed at an increased ratio. A poten.tial increased housing ratio could be 1.25 units for each 1,000 square feet of gross floor area (versus one-unit/l,000 square feet for above grade housing). Having the required housing constructed at a higher ratio would create an incentive to construct any required housing above an existing or proposed structure. ApplicabiliO, to the City Center-Core Zoning District - Staff is recommending application of the proposed code amendments to the CC-C zoning district. This area of Downtown Federal Wa3,, with its large developable sites such as the SeaTac Mall and the properties located north of South 320t~ Street, will likely redevelop in the near future. Staffbelieves the scope of the proposed code amendments.should be focused on the areas of Downtown Federal Way that are most likely to redevelop in the near future. Tile Planning Commission, as a part of their recommendation to the City Council, may wish to consider expanding the scope of thc proposed code amendment to include the City Center-Frame zoning district. As noted above, staff believes thc scope of the proposed code amendment should be focused on the areas of Downtown Federal Way that arc most likely to redevelop in thc near future. Thc CC-C, with its large "subject properties," such as tile SeaTac Mall and tile properties located to tim north of South 320th Street, would be the most probable area within Downtown Federal Way to redevelop in tile near future. ~5)anmary of l'ropoxed Development Standards For FWCC Section 22-977(2) - The development standards specified m sub-section 2 (above) of the proposed code amendment would be applicable to smaller-scale additions. These development standards are nearly identieal to the standards presented in sub-section I of the proposed code amendment, ltowcvcr, the minimum number of required floors has been reduced to two floors, to accommodate thc smaller increases m existing gross floor area contemplated in this scctiou of thc code amendment. FWCC Section 22-977(3), 10 Percent or 25,000 Square Foot Gross Floor Area ExemI)tion Staff is recommending the inclusion ora gross floor area exemption into the proposed code amend~nent that would permit small increases over existing gross floor area to be exempt City Center-Core Supplemm~tary Development Standards File #02-1021804)0-UP / oo~.i.o. ~gs~ Planning Commission Staff Report Page 7 from thc proposed code amendment's development standards. Staff is recommending a gross floor area exemption of up to the lesser mnount of 25,000 square feet, or 10 percent of tile total gross floc[ area existing, under construction, or proposed as a part of a complete building permit application on the subject property as of the effective date of thc code amendment. Staff feels the proposed gross floor area exemption is a reasonable' accommodation for oxvners of developed subject properties to make necessary small expansions to meet the short-term needs of existing and future tenants and/or currently contemplated additions not yet applied for. The reason for thc 25,000 square foot cap to this exemption is that a simple 10 percent exemptioa would allow the SeaTac Mall for example, to increase the existing gross floor area by 74,000 square feet, without being subject to the proposed development standards. The Sea'l'ac Mall is the CC-C zoning district's largest existing structure (approx. 740,000 square feet of gross floor area). Staff has recommended the inclusion of a 25,000 square foot maximum gross floor area exemption in order to prevent the construction cfa large addition that would not be subjected to the proposed code amendment's development standards. Permitting such a large-scale addition, on a site that could potentially redevelop m the near future and would have a large impact, would be inconsistent with the adopted goals and policies of the FWCP. Staff feels the proposed 25,000 square foot maximum gross floor area exemption would allow reasonable small additions to meet the immediate needs of existing tenants, and/or respond readily to wanted new opportunities/tenants. 11. 1,'11'('(; ,5'cctto~ 22-977(4), Dcfi~itio~ of Subjec! l'rol~erO, - FWCC Section 22-1 presently contains the following definition of subject prol)erly, "Subject property means the entire lot or parcel, or series of lots or parcels, on which a development, activity or use is or will locate or on which any activity or condition regulated by or subject to this chapter is or will occur to take place." For purposes of tile proposed CC-C Supplementary Development Standards Code Amendment and FWCC Section 22-339.1 only, staff is recommending expanding thc existing FWCC definition of subject property to include all lots or parcels with structures that arc physically and functionally interconnected. Staff feels that a potential developer could potentially attempt to avoid being subjected to thc code amendment's development standards by reorganizing a proposed dcvelopmeut into a myriad of ownership arrangements, dispersing a single project onto multiple abutting lots or parcels, proposing multiple structures or project ph~¢s, and/or submitting separate land usc permit applications The existing FWCC definition of subject property does not contemplate this potential devclot)mem scenario. Therefore, staff' is recommending expanding thc existing FWCC del'tuition of subject property to ensure that all affected development proposals that ate physically aud functionally integrated bc subject to the proposed code amcndmcnt's developmcat standards. .5',,t)jccz ]',-o/~crzie.v M~,/~--Staff' has prepared a map (Exhibit D) that identifies properties within the City Center-Core and Frame zoniug districts that would meet thc proposed definition of subject prope~lics. The properties identified in yellow shading contain existing improvements with a gross floor area over 75,000 square feet. If the owner of these propc~lies were to propose a gross floor area expansion that exceeded file above noted gross floor area exemption (specified in section B. 10 above), these properties would City Center-Core Supplcmc~¢ary Development Standarck'; File #02-1021804)0-UP / rx,¢. ~.o. ios~ I~lmming Commission Staff P, cpo~l Page g 13. be subject to the proposed code mnend~nent's development standards. The properties highlighted in grab' arc distinguished from the properties highlighted in yellow because they have existiug improvements with less than 75,000 square feet of gross floor area. However, due to the size of these subject properties, they could potentially contain a structure(s) with gross floor area exceeding 75,000 square feet and occupied by retail, office, and/or entertainment uses. In this potential development scenario, these properties could be subject to the proposed code amendment's development standards. 1,¥4:CC Section 22-339. 1, $~ecial Provisions for the City Center Core Zoning District- Code Amendment Related to Nonconformance - The proposed special provisions for the City Center-Corc zo,fing district code amendment will amend FWCC Chapter 22, Article IV, "Nonconformance." The proposed special provisions will exempt existing development from having to comply with the development standards specified in the proposed City Center-Core Supplementary Development Standards Code Amendment. Due to the amount of existing development in the City Center-Core zoning district that would be made nonconforming by the adoption of this code amendment, and the financial cost of retrofitting m~ existing structure to comply with this proposed section of the FWCC, staff feels that existing development should not be required to comply with the proposed development requirements. [ 1 REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: · To review and evaluate the zoning code text regarding any proposed amendments; To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528; and, To forward a rccommcndation to LUTC of thc City Council regarding adoption of the proposed zoning code text amendment. III PROCEI)URAL SUMMARY October 13,2001 2cptcmbcr 10, 2002 $Cl)tcmbcr 18, 2002 Determination of Nonsignificance pursuant to State Enviroumental Policy Act (SEPA) Issuancc of DNS Adoption I'ublic ltcarmg before the l'launing Commissiou Cily Cenler-Core Supple~ncntary Devetopmcnl Standards File #02-102180-O0-UP / oo~ lo. ~9s~9 Platmmg Commission Slaff F, eporl Page 9 IV DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning tcxt alnendments: The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amend~nents are consistent with the applicable provisions of the comprehensive plan; The proposed FWCC text amendments related to developing supplementary development standards within the CC-C zoning district and special nonconformance provisions within the CC-C zoning district are consistent with, and substantially implement, the following FWCP goals and policies: CCG1 CCG2 CCG5 CCG6 CCG7 CCGIO CC(; / 3 CC/'3 CC1'7 Create an identifiable City Center that serves as the social and economic focus of the City. Define a City Center with distinct boundaries, unique building types, and special features. Attract a regional market for high quality office and retail uses which increases employment opportunities, adds to the City's tax base, and establishes Federal Way's City Center as an economic leader in the South King County region. Encourage a mix of compatible uses to maintain a lively, attractive, and safe place to live, work, and visit. Focus on improving the existing character and image of the City Center. Encourage housing opportunities in mixed residential/commercial settings. Promote housing opportunities close to employment. Create an environment that attracts high quality housing, commercial, and office uses. Develop requirements for buildings, streetscape, and site design. Focus new growth with higher demands for infrastructure and transportatiou in the City Center, specifically thc core area. Allow for higher intensity uses for efficient use of land. Revise land usc regulations, as ncccssary, to allo~v thc higher intensity development expected over the course of the next 15 to 30 years. Allow for a variety of uses and nfixed-use development within buildings, or complexes. Ensure that mixed-usc development complements and enhances thc character of the surrounding residential and commercial a FeaS. City Center-Core Supplementary Development Standards File #02-102180-00-UP / o0:. i.D. 19819 Plan,m~g Commission Staff Report Page 10 CCGI 4 CCI' 19 CCP44 Increase housing opportunities and diversity of housing types within the City Center, - including the Frame area. Revise local zoning codes, site planning requirements, and street design standards, as necessary to establish a more pedestrian and bicycle friendly environment. Site and orient buildings and parking to allow redevelopment of surface parking. 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare; And The proposed FWCC text amendments will help create an identifiable downtown that is the social and economic focus of the City, promote housing opportunities close to employment, promote development that consumes less land, and will improve the quality of urban design within the CC-C zoning district, which will have a direct relationship to the public health, safety, and welfare. 3. The proposed an~endment is in the best interest of the residents office City. Tile proposed FWCC text amendments will create an identifiable downtown that is the social and economic focus of thc City, promote housing opportunities close to employment, promote development that consumes less land, and will improve the quality of urban design xvithin the CC-C zoning district, which is in the best interest of the City's residents, as expressed in the adopted FWCP. g PLANNING COMMISSION ACTION Consistent with tile provisions of FWCC Section 22-539, the Plmming Commission may take tile following actions regarding the proposed zoning code text amendments: 1. Recommend to City Council adoption of thc FWCC text amendments as proposed; 2. Modify thc proposed FWCC text amendments mid recommend to City Council adoptiou of the FWCC text an~endmcnts as modified; 3. Recommend to City Council that thc proposed FWCC text amendments not be adopted; or, 4. Forward the proposed FWCC text amendments to City Council without a recommendation. City Center-Core Supplementary Development Standards File #02-102180-00-LIP / oo~.~.~), t~s~0 Plamfing Commission Staff Report Page ! 1 Vi STAFF RECOMMENDATION 'File following motion is suggested: Move to recommend to the City Council for adoption of the proposed FWCC text amendments related to creating supplementary development standards and special l~onconformance provisions within the CC-C zoning district (if changes occur as a result of Planning Commission deliberations add, "...as amended by the Planning Commission."). VII EXHIBITS Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Proposed City Center-Core Supplementary Development Standards Code Amendment Figure VII-6 of the FWCP Proposed Special Provisions for the City Center-Core Zoning District Code Amenchnent Map of City Center-Core and Frame Subject Properties Proposed Code Amendment to Modify City Center-Core Retail Use Zone Chart Proposed Code Amendment to Modify City Center-Core Office Use Zone Chart Proposed Code Amendment to Modify City Center-Core Entertainment Use Zone Chart Proposed Code Amendment to Modify FWCC Section 22-334, "Nonconforming Development" City Center-Core Supplementary Development Stan&rds Planning Commission Staff Report File//02-102180-00-UP / oo~. ~.o. ~gs t9 Page 12 22-977 City Center-Core Supplementary Development Slandards ,Og~j)roposcd structure or structures with cumulative gross floor- area over 75,000 sq. fl. or all increase in gross floor area over 75,000 sq. ft. m the city center core zonina district containi~Le, retail. off icc. and/or eutcrtamn~cnt nscs on a subject_property shall comply with tile following_: £1 ) Tile cumulative building footprint of the structure or structures shall not exceed 75,000 sq. ft.; thc structure or structures shall have a minimum of three stories; and the third sto~, of the structure or combiued structures shall have a minimum gross floor area equal to thc lesser of.50,000 s~q=fi, or 80 percent of the second story; or £2) For every 1.000 sq. ft. of proposed_gross floor area fllat is over 75.000 sq. fi.. the applicant shall provide one dwelling unit of housing to be located above the ground floor of any existing_9_r proposed structures on the subject property. At least 75 percent of the dwellin~ uuits shall have a minimum gross floor area of 600 sq. fL Lb_) Except as specified in FWCC 22-977(c), a proposed increase in gross floor area of less than 75.000 ~sq. ft. m the city center core zoning district containing retail, office, and/or e-ntertaimnent uses. when added to a subject property with existina cumulative gross floor area greater than 75,000 .sq. fl. occupied by retail, office, aud/or entertainment uses. shall comply with the following2 (1) The structure or structures containing the proposed gross floor area expansion shall have a miuimum oftxvo stories, and the second story_ of the structure or combined structures shall have a minimum gross floor area equal to the lesser of 50,000 sq. ft. or 80 percent of the ground floor: or (2) For every 1.000 sq. ft. of proposed gross floor area. the applicant shall provide one dwellint,, unit of housing to be located above the ground floor of any existing or proposed structures. At least 75 perceut of the dwellin~ units shall have a minimum gross floor area of 600 sq. ft. c_(~The requirements of FWCC 22-977(b) shall not be triggered by a proposed increase in gross floor area up to the lesser amouut of 25.000 sq. ft. or 10 percent of the total gross floor area existiua, under construction, or proposed as part ora complete buildingd~ermit aA~lication on a subject pro_petty as of the effective date of this section. dLd~ l~-orj)u~poscs of this section and FWCC 22-339.1, thc subject l~ertv shall include all lots or parcels that contain cxistin~ and/or p~)osed retail, office, angor entertainment uses that arc physically and fimctionallv interconnected. The criteria used to determine if two or more abutting~Js or parcels arc considered physically and fimctionally interconnected,:mav iucludc, but arc not limited to.~common owncrshil~ and/or usc of the lot or parcel, reciprocal a&cess and/or p~ shared facdltym~anag~mcnt ~nd~o[~ort services, and any of the followin~ common improvements: architectural dcsim~ features and ~¢at~[~als:~g~Ja~)dsc~)mg:j)arking~Gcilitics. rcstrooms, and/or common areas. If an cxistin~ l)yoposcd slruch~m or structtH-cs is located on two or more lots orparccls, or is included under a common permit action with two or more lots or l~arccls, all lots or parcels containing, thc structure or structures shall bc considered a single_subject p~)cOy Two or more abutting Iot~arccls containin~ development activities proposed by thc same al~)licant or under review by thc community_ dcvcloRnmnt services or l)¢blig 5vor¢&~Cl)~rtnEcnt5 at approximalclv thc same time shall bc considered a sin~c subject property. EXHIBIT PAGE OF_ t _ ,Federal VYay Comprohen:;ive Plan - City Center Illustration of City Ccntcr Evolution, 2025 For Illustrative l'urlmSCS Only ...... Hotel o --- Pedestri;m"" Pcdorming Arts Center and Pa~k .... ....... ttC 1 .%t:~tion arid Bus Mall EXHIB~T PAGE ¸,OF VII 3;~ FWCC 22-339.1 Special Provisions for the City Center-COre Zoning District (a) Proposed improvements to an existing structure or structures and/or changes in use shall not trigger a requirement otherwise applicable under FWCC 22-334 that an applicant correct a nonconformance if that nonconformance was created solely by the adoption of FWCC 22-977. EXHIBIT_ C__ PAGE /_OF_ I Doc. I.D. 20088 -- EXHIBIT_ o~r: ~ OF EXHIBIT_ PAGE_ ~_OF_ -< sooed$ ~u!~md pas!nba~ (q~eo) luo~I EXHIBIT EXHIBIT_ 'G EXHIBIT_ PAGE [ OF_ Federal Way City Code Chapter 22, Article IV 22-334 Nonconforming development. If any aspect, structure, improvement or development does not conform to the development regulations prescribed in this chapter, that aspect, structure, improvement or development must be brought into conformance or other~vise improved as set forth below. (1) Change of use - Single-tenant site. If any applicant proposes a change of use on property used or occupied by a single tenant or use, the applicant shall meet those provisions determined by the director 'to be reasonably related and applicable to the change of use. These provisions shall apply to the entire site. (2) Change of use - Multi-tenant site. If an applicant proposes a change of use on only a portion of property occupied by multiple tenants or uses, the applicant shall meet those provisions determined by the director to be reasonably related and applicable to the change of use. These provisions shall apply only to that geographic portion of the site related to the use or tenant space on which the change is proposed. (3) Increase in gross floor area. If an applicant proposes to increase the gross floor area ofm~y use on the subject property in any one of the follow4ng ways, the applicant shall comply with the development regulations in effect at the time of the proposal, as specified'below: a. If expansion of gross floor area of an existing building occurs either through addition of new floors within the structure or enlargement of the existing building footprint, the applicant shall comply with all development regulations in effect at the time the expansion is proposed. If the property on which the expansion is proposed is occupied by multiple tenants or uses, the applicant shall comply with those development regulations applicable to the geographic portion of the site on which the expansion is proposed; or b. If a new and separate structure is being constructed on an already developed site, the applicant shall comply with all development regulations applicable to the geographic portion of the site on which the new structure and any related improvements are to be constructed. (4) Abandonment. If an applicant proposes any work, including tenant improvements, on property that has been abandoned. The applicant shall comply with all development regulations applicable to the subject property, to the extent physically or technically practicable on the site. (5) The usc conducted on the subject property has ceased for more than one year, in which case tile applicant shall repair and/or restore the improvements on the site (e.g., drainage, landscaping, curbing, parking, parking lot landscaping, etc.) to a condition as near as physically possible to the condition required by the requirements of approval of the existing development. (6) The applicam is making any alteration or changes or doing any work, other than normal maintenance or other than tenant improvements, in any one consecutive 12-month period to an improvement that is nonconforming m~d thc fair market value of the alteration, change or other work exceeds 50 percent of the assessed or appraised value of that improvement. The applicant may provide an appraisal of the improvement. Thc appraisal must be from a source acceptable to the city. The director may require the applicant to provide an appraisal from a second source acceptable to the city if the assessed valuation appears to be inaccurate or inappropriate. If more than one appraisal is provided by file applicant or required by the city, tim larger of the two amounts shall be used. Itl the event this subsection is triggered with respect to a siugle-tcnant or single-occupant site, tim applicant shall meet all development regulations applicable to the property. In the event this subsection is triggered with respect to a site occupied by multiple tenants or uses, the applicant shall comply with those development regulations applicable to the geographic portion of file site on which the alteration, dtange or improvement is proposed. For purposes of this determining value under this section, improvements EXHIBIT_---fl- PAGE ,_OF_2 required pursuant to FWCC 22-334 (nonconforming development), 22-336 (street/sidewalk improvements), 22-337 (nonconforming water quality improvements) and 22-1473 (street/sidewalk improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection. This section does not govern apPlication of Article XIX, community design guidelines; application of Article XIX is governed by FWCC 22-1630 through 22-1639, as amended. This section also does not govern application of development regulations relating to water quality, signs, ov street/sidewalk improvements~, or the city center core supplementary development standards; application of those development regulations is governed by FWCC 22-337, 22-335, 22-336~ 8v, d 22-1472, and 22-339. I all as amended. (Ord. No. 90-43, § 2(165.35(4)), 2-27-90; Ord. No. 91-113, § 4(165.35(4)), 12-3-91; Ord. No. 92-135, § 3(165.35(4)), 4-21-92; Ord. No. 92-144, § 3(165.35(4)), 6-16-92; Ord. No. 97-307, § 3, 12-16- 97) Editor's note - Ordinance No. 97-307, § 3, adopted December 16, 1997, amended § 22-334 to read as herein set out. Formerly, such section pertained to certain nonconformance specifically regulated - nonconforming parking. EXHIBIT PAGE ; OF_ Doc. I.l:). -- CITY OF Federal Way To: FROM: VIA: RE: DATE: DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM Eric Faison, Chair Land Usc and Transportation Committee (LUTC) Lori Michaelson, AICP, Senior Planner David Moseley, City Manager Preliminary Plat of Colella Estates Federal Way File No: 99-104323-00-SU December 10, 2003 I. STAFF RECOMMENDATION Staffrecommends the Land Use/Transportation Committee forward to the City Council a recommendation approving the Colella Estates Preliminary Plat with conditions, based on the findings and conclusions in the November 18, 2003, Recommendation by the Federal Way Hearing Examiner. II. SUMMARY OF APPLICATION The applicant requests approval of an 86-1ot single-family cluster subdivision on 59 undeveloped acres, as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," subject to City Council approval. The proposal includes a 40-lot conventional subdivision for the southeasterly 14 acres of the 59-acre site; and a 46-1ot cluster subdivision for the northwesterly 45 acres of the site. III. REASON FOR COUNCIL ACTION Pursuant to FWCC Section 20-127(a), the City Council issues a final decision at a public meeting after review of the Hearing Examiner's recommendation. Consistent with how land use matters are currently processed by the City, preliminary plat applications are brought to City Council Land Use/ Transportation Committee for review and recommendation prior to review by the full Council. IV. HEARING EXAMINERS RECOMMENDATION On November 18, 2003, the Federal Way Hearing Examiner issued a recommendation to approve the proposed preliminary plat. A copy of the recommendation is enclosed. The Examiner's recommendation includes all recommendations recommended by staff. The Examiner's recommendation was issued following consideration of a staff report (enclosed*) and testimony presented at the November 4, 2003, public hearing, and is subject to the following conditions. Prior to the City's approval of engineering plans, all construction-related recommendations of the applicant's geotechnical report, and conditions of preliminary plat approval, shall be reflected on applicable construction drawings. As required by the Directors of Community Development and Public Works, no grading or clearing activities shall occur on the site between the dates of October 1st and April 30t~, in order to prevent potential erosion impacts to steep slopes and/or sedimentation impacts to adjacent major streams. ° Prior to final plat approval, the plat map shall be revised to include a text note stipulating that erosion control plans are required for construction of each individual lot. Any additional recommendations related to future home construction, as may be identified by the on-site geotechnical engineer during plat construction, shall be added to the plat map prior to final plat approval. 4. Prior to final plat approval, a text note shall be added to the plat map indicating that maximum lot coverage is 50 percent for lots zoned RS 15-0, and 60 percent for lots zoned RS 7.2. Prior to final plat approval, the applicant shall submit a final landscape plan, prepared by a licensed landscape architect, addressing all landscaping within plat boundaries; including open space tracts, slope vegetation, revegetation of disturbed stream buffer areas, visual screening of storm drainage tracts, and street trees; for review and approval by the Directors of Community Development; Public Works; and Parks, Recreational, and Cultural Services (PARCS). Prior to submittal to the City the landscape plan shall be reviewed and signed by a geotechnical engineer and shall reflect all applicable recommendations contained in the applicant's geotechnical report (Exhibit X of staff report to hearing examiner); and shall be reviewed and signed by a qualified wetland biologist and shall reflect all applicable recommendations contained in the applicant's Wetland Assessment and Stream Buffer Mitigation Plan (Exhibit X to staff report). Pursuant to FWCC § 22-1286(d)(2); §22-1243, §22-1313(3), § 22-1358(e)(1), the City may require the applicant to pay for the services of a geotechnical engineer and/or wetland biologist to review plans, provide recommendations, and conduct inspections and/or monitoring, on behalf of the City, as determined by the Community Development Director. Prior to final plat approval, the applicant shall submit a final open space plan depicting the location and design of playground equipment, for review and approval by the Directors of Community Development and PARCS. As determined based on this review, the City may require street signage regarding notification of park area(s) if located near a street curve with limited sight distance, and/or' the City may require a raised and marked pedestrian pathway for pedestrian safety. Prior to final plat approval, as required by the Public Works Director, the plat map shall be revised to include a text note stipulating that any open space tract owned by homeowners and improved as required by the City's mid-block pedestrian standard shall be permanently maintained per the constructed standard, with no obstructions or alterations thereto except maintenance. Doc. I.D. 25424 Permit #99-101323 Page 2 Prior to final plat approval and recording, as required by the Public Works Director, the plat map shall be revised to include a text note stipulating that any landscaping or fencing within private yards, and within common open space, where abutting any City-required mid-block pedestrian pathway, shall not obscure views into the pedestrian pathway for safety purposes. · As required by the Public Works Director, construction plans shall reflect Department of Ecology discharge standards for both class AA and Class A surface waters, as follows: "Turbidity shall not exceed 5 NTU over background turbidity when the background turbidity is 50 NTU or less, or have more than a 10 percent increase in turbidity when the background turbidity is more than 50 NTU." The applicant is required to meet this standard for all surface water discharges into Lakota and Joe's Creek during construction and until at least 80 percent of available lots are fully built upon and stabilized. In order to ensure compliance with this standard the applicant is required to provide pre-disturbance monitoring values for background turbidity on both creeks, and provide monitoring on a regular basis (storm event dependant) during construction and as required by the City. 10. As required by the Public Works Director, the Tract "O" detention pond shall be designed in accordance with the "Resource Stream Protection" requirements of the 1998 King County Surface Water Design Manual (KCSWDM) or as otherwise approved by the Public Works Director. 11. As required by the Directors of Community Development and Public Works, prior to final plat approval, Lots #68 through #74 shall be converted to an open space tract, with an associated text note stipulating that any subdivision, sale, or development of any or all of the tract area is prohibited, until completion infiltration monitoring for Tract "D", as required by the City's May 24, 2003 MDNS, and a determination of buildability is made by the City; and in the interim such area shall not be sold by the developer; shall be stabilized with hydroseeding, and be kept reasonably free of invasive vegetation. Alternatively, the applicant may propose an alternative design that eliminates the infiltration impact, as documented in a geotechnical report, and if city staff concurs with the alternative and determines it to be consistent with preliminary plat approval, and if approved by Council, all or some of these lots could be platted for sale and home construction. 12. As required by the Director of Public Works, prior to final plat recording, the applicant shall install signage at the north terminus of 30th Avenue SW, identifying the street for future connection, as required by the Public Works Director. 13. All on site fencing associated with plat construction is subject to the City's final review and approval of design, location, and any screening. Fencing shall allow for the migration of small animals. Any chain link fencing, if approved by the City, shall be vinyl coated black or green, and shall be screened with vegetation. 14. Rockeries and retaining walls associated with plat construction must reflect residential-scale, design sensitive materials and landscaping where they are visible from adjacent residences or usable open space. 15. As proposed by the applicant with the City's concurrence, the applicant will address potential future traffic impacts to local neighborhood streets by performing a neighborhood traffic "after study," to be performed when 75 percent of the buildable lots are occupied, and to set aside $20,000 to be used to install additional traffic calming measures that may be identified by the study, as required by the Public Works Director. Doc. I.D. 25424 Permit #99-101323 Page 3 V. PROCEDURAL SUMMARY July 14, 1999 May 24, 2003 October 18, 2003 November 4, 2003 November 18, 2003 December 15, 2003 January 6, 2004 Notice of Application issued Mitigated Environmental Determination of Non Significance issued Notice of Public Hearing issued Hearing Examiner Public Hearing Hearing Examiner Recommendation issued City Council Land Use/Transportation Committee meeting City Council meeting VI. DECISIONAL CRITERIA The Hearing Examiner may recommend approval of the preliminary plat to the City Council if the following decisional criteria of FWCC Section 20-126(c) [as vested] are met. 1. It is consistent with the Federal Way Comprehensive Plan (FWCP). It is consistent with all applicable provisions of the FWCC, including those adopted by reference from the FWCP. It is consistent with the public health, safety, and welfare. It is consistent with the design criteria listed in section 20-2; and 5. It is consistent with the development standards listed in sections 20-151 through 157, and 20- 178 through 20-187. Findings on how the preliminary plat application is consistent with these decisional criteria are contained on pages 11 and 12 of the Hearing Examiner's recommendation. It should also be noted that, in add{tion to meeting all cluster subdivision design criteria as vested and as required, the plat also complies with recent code updates pertaining to design criteria for cluster subdivisions. VII. COUNCIL ACTION The Federal Way City Council's review of the application is limited to the record of the hearing before the Hearing Examiner, oral comments received during the Public Meeting (so long as those comments do not raise new issues or information contained in the examiners record), and the Examiner's written report. The City Council may receive new information not in the record pursuant to FWCC Section 20-127(b). A draft resolution recommending approval of the proposed application as recommended by the Hearing Examiner is included. After consideration of the record, the City Council may, by action approved by a majority of the total membership, take one of the following actions, pursuant to FWCC Section 20-127(c): Doc. I.D. 25424 Page 4 Adopt the recommendation; or Permit #99-101323 2. Deny the recommendation; or 3. Adopt their own recommendations; or 4. Remand thc preliminary plat back to the Hearing Examiner. Enclosures: Hearing Examiner Rccommendation, November 18, 2003 Staff Report to Hearing Examiner* Draft Resolution *NOTF~: A fid/cop)' of thc Slq[fReport to the tfearing Examiuer, with cxhibitx, is available i. lite City (?ouucil Room. APPROVAL OF COMMITTEE REPORT Eric Faison, Chair Michael Park, Member Dean McColgan, Member Doc. I.D. 25424 Permit #99-101323 Page ~ CITY OF~ PO Box 9718 NOV 1 9 2003 Ci~ Clerks Oflice __ Ci?y of Federal W3y(253) 66 ~ederal Way, WA ~UO6~ -4000 -9718 November 14, 2003 Estate of Tony Colella cio Tom Taaffe P.O. Box 66706 Seattle, WA 98166 RE: PRELIMINARY PLAT OF COLELLA ESTATES (a Conventional and Cluster Subdivision), FWHE#03-07, 99-101323-00-SU & PROCESS IV STREAM BUFFER INTRUSIONS Dear Applicant: Enclosed please find the Report and Decision of the City of Federal Way Hearing Examiner relating to the request for stream buffer intrusion. Appeal procedures for this request are contained on page 21 of this report. The Recommendation of the City of Federal Way Hearing Examiner relating to the preliminary plat is also contained within this report. The Federal Way City Council will set this matter for a public meeting and will issue a final decision on this request (page 20). Very truly yours, HEARING EXAMINER SKC/ca cc: All parties of record City of Federal Way Page - 2 CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MA-IEER OF: COLELLA ESTATES (A Cluster and Conventional Subdivision & Process IV Stream Buffer Intrusions) PROCESS IV ) ) ) ) ) ) ) ) FWHE# 03-07 99-101323-00-SU I. SUMMARY OF APPLICATION The applicant is seeking preliminary plat approval pursuant to Federal Way city Code (FWCC) Chapter 20, Subdivisions (FWCC Section 20-110), Division 6, Preliminary Plat). In addition, the applicant is seeking Process IV Hearing Examiner approval for minor intrusions into 100 foot major stream setback. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: November 4, 2003 November 18, 2003 At the hearing the following presented testimony and evidence: 1. Lori Michaelson, Senior Planner, City of Federal Way 2. Kurt Wilson, SBI, LLC, P.O. Box 73790, Puyallup, WA 98373 3. Tom Taaffe, Estate of Tony Colella, P.O. Box 66706, Seattle, WA 98166 4. Ardeth Garber, 2900 SW 312"~ Place, Federal Way, WA 98023 5. Diane Noble Gulleford, 2754 SW 314th St., Federal Way, WA 98023 6. Sarady Long, Traffic Engineer, City of Federal Way Page - 3 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments 2. Letter to Craig Stone dated October 15, 2003 3. Letter to Lori Michaelson dated October 27, 2003 4. Letter to Examiner dated October 21, 2003 5. Colella Preliminary Plat Map (Revised and Resubmitted 10/29/03 6. Power Point Presentation - Preliminary Plat of Colella Estates 7. List of Concerns - earthquake information submitted by Diana Noble Gulleford 8. Subdivision Design Article III submitted by Sarady Long III. FINDINGS The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. '2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). The applicant has a possessory ownership interest in an irregularly shaped, 59 acre parcel of undeveloped property located in the northwesterly portion of the city of Federal Way. The site is located noah of Southwest 320th Street and extends from 315th Street North to a future 310~h Street North. The majority of the developable portion of the site is located noah of Southwest 312th Street. The applicant requests preliminary plat approval to allow subdivision of the site into 86 single family residential lots. The applicant proposes a conventional, 14 acre, 40 lot subdivision for the southeasterly podion of the parcel; and a cluster, Page- 4 o o 45 acre, 46 lot subdivision for the northwesterly portion of the site. The applicant also requests Process IV approval to allow limited intrusions into the required 100 foot setback from Lakota Creek. PRELIMINARY PLAT The conventional portion of the subdivision is located within the Single Family Residential (RS-7.2) zone classification of the Federal Way City Code (FWCC) and the cluster portion of the subdivision is located within the RS 15 zone classification. The site plan shows five lots located on both sides of the proposed extension of 315th Street, and 35 lots located north of Southwest 312th Street and east of the future extension of 30th Avenue Southwest. Five lots within the cluster plat abut the east side of 30th Avenue Southwest extended, and the balance of the cluster plat is located west of said road. The site plan shows the 30th Avenue Southwest extended from its present terminus to the north property line of the site, a looped road system serving the cluster subdivision, and a looped road system with cul-de-sacs serving the conventional subdivision. 30th Avenue Southwest will provide direct access to the site from Southwest 320th Street. The applicant will also extend 27"~ Avenue Southwest into the eastern portion of the plat to provide a second access. The existing 27th Avenue Southwest connects with 26th Avenue Southwest which provides access onto Dash Point Road the intersection with Dash Point Road occurs on the outside of a hairpin curve, and adequate sight distance is available in both directions. The main developable portion of the parcel consists of a rectangular area situated on an upland ridge between two streams, Joe's Creek on the west and Lakota Creek on the east. Both of the streams meet the FWCC definition of "major stream", and slopes above the streams meet the FWCC definition of "geological hazardous area". Both of the stream channels meet the definition of "fish and wildlife habitat conservation area", and the Joe's Creek stream channel and its ravine meet the Washington State Department of Fish and Wildlife (WDFW) definition of "urban natural open space". The preliminary plat map shows environmentally sensitive areas set aside in native growth protection tracts (NGPT) and open space tracts. The Lakehaven sewage treatment plant parcel abuts the north property line, and the plant is located about 600 feet downhill from said property line. The Lakehaven parcel is within the RS 15 zone classification. Parcels to the south Page - 5 o 10. 11. 12. are located within the RS 7.2 zone classification and are improved with single family residential dwellings, multi family dwellings, and Decatur High School. Parcels to the east are within both the RS 15 and RS 7.2 classifications and are improved withsingle family residential dwellings and Dash Point Road. Parcels to the west located in the RS 7.2 classification are improved with single family and multi-family dwellings. Previous uses on the parcel to include surface mining and forest products caused substantial modification to natural grades, removal of second growth timber and construction of roads. However, the applicant's geotechnical engineering report states that the applicant can develop the site as planned, subject to meeting all geotechnical recommendations. FWCC 20-1286 requires the applicant to follow all such recommendations. The applicant commissioned Brookdale Environmental to prepare a Wildlife Habitat and Stream Assessment witch confirmed surface mine and logging impacts. Present vegetation includes scrub shrub grassland in the abandoned mines, and forested areas within the creek ravines and in undeveloped areas to the north. A Wetland Assessment and Stream Buffer Mitigation Plan identified a 3,000 square foot regulated wetland on the northeast property boundary. The applicant will maintain said wetland and an 100 foot wide undisturbed, wetland buffer in a NGPT. The applicant's Wildlife Habitat and Stream Assessment confirmed that Joe's Creek on the west and Lakota Creek on the east meet the definition of "major stream. The FWCC requires a 100 foot setback from the top of major stream banks. The applicant proposes no intrusions into Joe's Creek or its associated 100 foot setback, but will need to intrude into the 100 foot setback from Lakota Creek to connect plat utilities into existing sanitary and storm sewer lines, to construct a pedestrian trail, and to landscape disturbed areas. As previously found, the Joe's Creek stream channel and its ravine meet the WDFW definition of "urban natural open space." The principal method to mitigate wildlife impacts in such areas is to preserve as much of the development as possible in open space. The applicant proposes to maintain 32 of the 59 acre site in open space, which calculates to 54% of the site. The majority of the open space will include environmentally sensitive areas to include streams and adjacent slopes. The._Wildlife and Stream Assessment noted the existence of small animals, but suggests that previous logging and mining activities caused large animals to relocate. Even though bald eagles have build Page - 6 13. 14. 15. 16. two nests within 1.5 miles of the parcel, the site provides no canopies suitable for foraging and the creeks are too small for such activities. While Joe's Creek previously supported runs of salmon, biologists observed no fish. Overall, WDFW is pleased with the amount of open space protecting both major streams. The cluster portion of the preliminary plat satisfies the density limitations set forth in Section 20-153 FWCC. The code authorizes no more lots than could be developed under the applicable zone classification. The code requires subtracting the required open space and streets from gross land available, and dividing the remainder by the minimum lot size of the underlying district. Based upon said calculation, the applicant could obtain 85 lots in a conventional 45 acre plat, but requests 46 lots. According to the Community Development Services Department staff report and the preliminary plat map,. lot sizes within the cluster subdivision range from 7,500 square feet to 10,348 square feet and have an average lot size of 8,021 square feet. Section 20-154 FWCC authorizes reduction of lots in cluster subdivisions "up to one-half of the size of the underlying zoning requirement". The applicant proposes the cluster subdivision for the portion of the property within the RS 15 classification which requires a minimum 15,000 square foot lot size. The cluster subdivision therefore satisfies the FWCC minimum lot size requirement. Section 20-154 (b)(3) FWCC provides that where lots in a cluster subdivision abut established single family dwellings or a single family zone, the minimum lot size must equal the neighboring lot size or the underlying zoning minimum lot size minus 10%, whichever is smaller. In the present case lots 61 through 67 abut an established multi-family residential use and therefore said section is not technically applicable. However, lots 61-67 measure between 10,348 square feet and 10,094 square feet, or 40% larger than the minimum lot size required in the abutting RS 7.2 zone classification. Prior to obtaining approval of a cluster subdivision, the applicant must establish that the request satisfies the criteria set forth in Section 20-154 FWCC. Findings on each criteria are hereby made as follows: (a) The cluster subdivision provides an innovative development which promotes the goals of the comprehensive plan to include architectural compatibility with single family housing on adjacent parcels. Exterior lots abut only a multi- family development along the plat's south property line. Lots along the west property line abut the Joe's Creek ravine which, measures 661 feet in width; Page - 7 17. 18. lots to the east abut lots and tracts within the subdivision; and lots to the north abut the parcel owned by the Lakehaven sewer utility. The applicant has presented examples of homes which will fit well on subdivision lots, and the. cluster subdivision, allows the applicant to maintain the Joe's Creek and Lakota Creek stream beds and ravines in their natural condition. (b) The subdivision provides common open space on substantially more than 10% of the gross land area, and as previously found, 54% of the parcel will remain in open space. (c) As previously found the only lots abutting an exterior property line abut either the Lakehaven parcel or a multi family parcel. The lot sizes and architecture will be compatible, and the cluster subdivision will not result in destruction or damage to natural scenic or historic features. The City will assure that each dwelling unit will meet the design standards set forth in the Community Design Guidelines For Cluster Subdivision. The staff report and preliminary plat map show that conventional lots range in size from 7,200 to 12,633 square feet and have an average lot size,of 7,553 square feet. All lot sizes therefore meet the minimum 7,200 square feet as required by the RS 7.2 zone classification. The FWCC requires 15% of the site to remain in open space, and that the open space for the cluster subdivision must be located on site and usable. As previously found the preliminary plat map shows 54% of the site in conservation and usable open space tracts. All usable open space will be available to both the conventional and cluster portions of the plat. Usable open space in the cluster subdivision measures 6.76 acres or 15% of the 45 acre parcel, and usable open space measures 2.08 acres or 15% of the 13.86 acre conventional plat. Usable open space will include structured play areas, a pedestrian trail system, two large tot lots improved with playground equipment, and unimproved recreational open space. The Federal Way Director of Parks, Recreation, and Cultural Services (PARCS) has reviewed and accepted the preliminary open space and landscape plans. The director must approve the final design and location of playground equipment and landscaping. The director has also agreed that the homeowners association may own and maintain all usable open space, as public dedicaticn would not fulfill the goals of the Federal Way Parks Comprehensive Plan. 19. The preliminary landscape plan satisfies the requirements of FWCC Chapter 20 Page - 8 as it includes landscaping of the onsite storm drainage ponds and the installation of street trees along public roads. The plan also shows landscaping within usable open space tracts, vegetation enhancement along the tops of slopes, and re-vegetation of the slopes above Lakota Creek. 20. The tree plan and significant tree inventory establishes that 20 of the total of 29 significant trees within the proposed grading areas will be removed. However, the project shows retention of all significant trees and vegetation on steep slopes and within the wetland and its setback. The landscape plan reflects planting of approximately 148 conifer trees within Open space and recreational areas. The proposal greatly exceeds code requirements for retention and/or replacement of significant trees. 21. As previously found extensions of the existing 30"' Avenue SoUthwest and 27"` Avenue Southwest will provide access to the subdivision. In addition, consistent with FWCC and comprehensive plan policies, the applicant will extend two existing two dead end streets (312"` Avenue Southwest, and 315"' Avenue Southwest) from their current terminus to 30"` Avenue Southwest. The applicant will also construct 30"` Avenue Southwest to the north properly line to accommodate future extensions. 22. In compliance with the FWCC, the applicant will install five foot wide sidewalks on both sides of all interior streets and exterior street frontages. In accordance with FWCC 20-156, the plat shows 20 foot.wide, mid-block, pedestrian and bicycle access at appropriate locations. 23. The Mitigated Determination of Non-Significance (MDNS) issued by the city environmental official following review under the State Environmental Policy Act (SEPA) requires mitigation of significant traffic impacts. The applicant must pay the project's pro rata share contribution for city transportation improvement projects in a total amount of $53,600.00. The applicant will also construct six speed humps with associated signs and pavement marking. The Traffic Impact Analysis (TIA) recommends two speed humps on 312th Street, two on 315"' Street, and on each on 26"' Avenue and 27"` Avenue. The Public Works director will determine the location of the speed humps as part of the engineering plans review and approval. Because of significant traffic concerns raised by residents of the area, the TIA included a "neighborhood scale traffic impact analysis." The applicant also voluntarily proposed to address future traffic impacts to local streets by performing a neighborhood traffic "after study" upon occupation of 75% of the buildable Iots,'and will set aside $20,000.00 to construct additional Page - 9 24. 25. traffic calming measures deemed necessary. The "after study" appears a reasonable method to address the longer term impacts to neighborhood streets that cannot reasonably be identified until the occupation of a majority of the subdivision homes. Residents of the area raised concerns regarding traffic impacts associated with the opening of SW 312"' St. and SW 315"' St. Residents also asserted that plat traffic will require a traffic signal at the intersection of 30"~ Avenue SW and SW 320t~ St. The City and the applicant evaluated the need for a traffic signal at the 30"¥312~ intersection and determined that the traffic generated by the plat will not cause the intersection to meet the warrants for a signal. Extension of 312th and 315t~ meet adopted policies of the comprehensive plan and standards of the FWCC. Policy TP 20 encourages the City to take advantage of opportunities to open new road connections and to create route alternatives especially in areas with few access choices. Policy TP 21 encouragos the City to enhance traffic circulation and access with closer spacing 'of through streets. Said policy encourages collector streets approximately every 660 feet in the City Center and one quarter mile elsewhere, and local streets with the maximum block perimeter of 2,640 feet. Policy TP 26 encourages the City to employ traffic calming measures in neighborhoods, and Policy TP 28 encourages improved safety on residential streets by reducing street widths and maintaining on-street parking. Such will reduce design speeds and discourage speeding. Section 20-148(c)(d) FWCC prohibits cul-de-sacs longer than 660 feet and provides that block perimeters should not extend more than 2,640 feet. In addition to the speed humps, the City will either install a stop sign or traffic circle at the intersection of 30t"/312t~, and the applicant will improve the sight distance at the 314th/30t~ intersection. While the access onto Dash Point Road from 26t~ Avenue E. is at a hairpin corner, said intersection has no sight distance problems and the accident analysis shows no safety issue. The applicant must construct all streets to FWCC standards to include the following: a) internal plat roads to city local access street standards which include a 32 foot paved width, curb, gutter, street trees, sidewalk, and street lights within a 56 foot right of way; b) existing access streets (30t~ Avenue, 27th Avenue, and 314t~ Street) to minor collector standard (30t" will have half street improvements which include paving, curb, gutter, street trees, and sidewalk, and street lights at appropriate locations; c) extension of the dead-end streets of 312th and 315t" Streets Southwest to 30t~ Avenue Southwest to city local streets standards which include curb, gutter, sidewalks, street trees, and street lights at locations determined during engineering plans review, and the pavement Width Page- 10 26. 27. 28. 29. to match the existing streets. The applicant must make a per lot payment in accordance with the city School Impact Fee Ordinance to the Federal Way School District to offset the impacts on the district of school-aged children residing in the plat. Children residing in the subdivision will attend Twin Lakes Elementary School, Lakota Junior High, and Decatur High School. The school district agrees that safe walking paths serve Lakota and Decatur and recommends no additional improvements for safe school routes. Even though a more direct route, the school district does not encourage students to walk to Lakota via SR 509. The district will bus students to Twin Lakes Elementary. The Lakehaven Utility District has submitted a certificate of water availability confirming that it will provide both domestic water and fire flow to the site. The Federal Way Fire Department requires a fire hydrant within 350 feet of each lot and will determine the exact number and location of such hydrants during plat construction. The Lakehaven Utility District will provide sanitary sewer service to each lot, and as previously found, will provide public water. The project is vested under the 1990 King County Surface Water Design Manual and the Executive Proposed Basin Plan-Hylebos Creek and Lower Puget Sound. The storm drainage plan proposes to collect and convey water through a series of pipes and catch basins into separate retention/detention ponds within the Joe's Creek and Lakota Creek basins. Drainage for the east basin (Lakota Creek) will collect in an open, detention/water quality wet pond located in Tract O in the northeast corner of the site. The pond will detain and filter storm water which will then flow in a tight line to a new, underground, storm pipe which will connect to an existing storm pipe which discharges water to Lakota Creek. Storm water discharging to the west (Joe's Creek) will flow through a water quality bioswale into a retention/infiltration pond on Tract D, separated from the ravine by an internal plat road and a tier of lots. The bottom of the pond will measure approximately 12 feet below existing grade and will infiltrate all storm water into the ground such that no water will discharge to Joe's Creek. An emergency overflow to accommodate events beyond the 100 year, seven day storm will direct water to the eastern detention pond and ultimately to Lakota Creek. The geotechnical report anticipates that the infiltrating ground water will follow the hydraulic gradient which generally corresponds to surface topography. However, a component of the water will flow westerly towards Joe's Creek. An Page - 11 increase in seepage in the ravine slope could cause a future surficial movement of the slope at the seepage elevation. A mitigating measure in the MDNS defers home construction Lots 68-74 between the detention pond and the ravine until completion of an infiltration monitoring period. The monitoring will determine the buildability.of said lots. The applicant must show the area of Lots 68-74 as an open space/potential future development tract with an explanatory text note; or propose an alternative design that eliminates the infiltration impact. 30. The applicant proposes to locate storm drainage pipe, sewer lines, and a pedestrian trail into portions of the top and toe of the Lakota Creek slope. The applicant also proposes to install bioremediation or stabilizing vegetation and fencing to discourage access by people or pets. The City Director of Community Development in accordance with the authority set forth in Section 22-1286 FWCC has properly approved the above described intrusions into "geologically hazardous areas". The bulk of the intrusions are either within or adjacent to an existing abandoned mining/logging road adjacent to the easterly slopes of the site. The geotechnical report evaluated and provided recommendations related to these requests. The Community Development Director reviewed and properly approved the request as being consistent with all decisional criteria set forth in FWCC 22-1286, provided that the applicant meets all recommendations of the geotechnical report which are included as conditions of approval. 31. Prior to approving the preliminary plat application, the Examiner must find that the project satisfies the decisional criteria set forth in FWCC 20-126(c). Findings on each criteria are hereby made as follows: As previously found, the preliminary plat application is vested under the 2000 Comprehensive Plan which designates the parcel for development with high density and medium intensity single family dwellings. The proposal satisfies said designation. Bo The project complies will all applicable provisions of Chapter 20 FWCC including those adopted by reference from the comprehensive plan as well as all applicable state and local codes, policies, and regulations. The project is consistent with the public health, safety, and welfare assuming compliance with conditions of approval. Do The preliminary plat is consistent with the design criteria set fodh in FWCC 20-2. The project promotes an effective use of land and does not Page- 12 constitute overcrowding, nor will it overtax utilities and infrastructure. The traffic improvements will ensure that the plat avoids congestion, and will also promote safe and convenient travel on City streets. The plat provides for adequate light ~nd air, water, sewage, drainage, parks and recreational areas, schools and school grounds, and other public requirements such as safe walking conditions. The road system will provide proper ingress and egress, and the subdivision will provide an attractive location for a subdivision serving the needs of the community. The FWCC requires uniform monumenting of land divisions and the conveyance of accurate legal descriptions. The MDNS and ordinances assure the protection of environmentally sensitive areas, and the applicant has proposed a cluster subdivision to acCommodate the protection of streams, wetlands, steep slopes, and other environmentally significant areas on the site. 32. The preliminary plat satisfies all design criteria set forth in Sections 20-151-157 as previously found. PROCESS IV REQUEST TO INTRUDE INTO STREAM SETBACK 33. Construction of the subdivision requires intrusion into the required, 100 foot setback from Lakota Creek. The applicant must extend storm drainage and sanitary sewers to their present existing outfall points adjacent to the stream, and also desires to establish a pedestrian trail °ver the top of said utilities. The pathway will follow the same alignment as the new storm pipe and sanitary sewer pipe. The applicant proposes to extend the storm drainage pipe from the Tract O storm drainage facility beneath an existing, abandoned, gravel or dirt road to an existing, storm water outfall within the stream setback. The sewer line will consist of an overland, high density, polyethylene pipe descending the Lakota Creek slope from 27th Avenue SW to the gravel road, and then following beneath said road bed to an existing sewer manhole and outfall within the stream buffer. The storm pipe will extend approximately 50 linear feet into the stream buffer and the sanitary sewer pipe will extend approximately 60 linear feet into said buffer. The applicant will revegetate areas disturbed by improvements, and vidually all intrusions will occur within the existing gravel road bed. 34. The FWCC authorizes the hearing examiner to grant stream setback intrusions following a public hearing and finding that the request satisfies the decisional criteria set forth for stream setback intrusions and for Process IV approval. Findings are hereby made on the stream setback intrusion criteria set forth in FWCC 22-445 as Page - 13 follows: The intrusion will not adversely affect water quality. Construction of the utilities and pedestrian trail in accordance with applicable state and local codes, policies, and regulations as well as with geotechnical recommendations and conditions of preliminary plat approval will ensure protection of water quality. Because. the utility lines will follow an existing did/gravel road, no new disturbance will occur. Revegetation of disturbed stream buffer areas will provide additional filtering of Surface water drainage. Bo The intrusion will not adversely affect the existing quality of wildlife habitat within the stream or setback area. The applicant proposes no structures or clearing within 210-260 feet from the west bank of Lakota Creek, and the proposed pedestrian trail will accommodate non-motorized traffic only. Compliance with adopted storm drainage criteria Will ensure no adverse in- stream habitat impacts. Revegetation of areas disturbed within the area will provide enhanced habitat opportunities and additional shading for in-stream habitat. The intrusion will not adversely affect drainage or storm water retention capabilities. As previously found, all storm drainage facilities must meet adopted City criteria. The construction will not lead to unstable earth conditions nor create erosion hazards. The installation of Utilities and the pathway will not modify existing topography and will consist of construction of utility trenches and trail surfacing. The applicant will implement a temporary erosion control plan in accordance with City standards, and a geotechnical engineer will oversee grading and filling activities. Conversion of the existing road bed to a pedestrian trail will prohibit its future use by motor vehicles. Bo The intrusion will not materially detrimentally impact any property in the area of the proposed work nor the City as a whole, including the loss of significant open space. The only property affected is owned by the applicant and is part of the preliminary plat which will preserve the Lakota Creek ravine in conservation open space. The intrusion is necessary for development of the subject property. Sewers and storm water disposal are essential components of plat infrastructure. No reasonable alternatives exist for the extension of sanitary sewers or the Page- 14 discharge of storm drainage. 35. Prior to gaining approval of the requested intrusion, the applicant must show that the request satisfies the Process IV criteria as set forth in FWCC 22-1312. Findings on each criteria are hereby made as follows: Ao The intrusion is consistent with the comprehensive plan which is used as a basis for zoning and SEPA review. The overall project has undergone both zoning and SEPA review and is consistent with both. The project complies with the comprehensive plan designations for the site, and the requested intrusions will enable development consistent with the intent of the comprehensive plan. Bo The intrusion is consistent with applicable provisions of the FWCC and all other applicable laws to include FWCC Chapter 22, Zoning, and Chapter 20, Subdivisions. Co The proposed intrusions will benefit the public health, safety, and welfare by providing sanitary sewer service and adequate storm drainage facilities to a proposed preliminary plat which complies with both the comprehensive plan and zoning regulations. Do As previously found, streets and utilities in the area of the subject property are adequate to serve its anticipated demand. The proposed access to the property is at the optimal location and configuration. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. o The applicant has established that the request for preliminary plat approval is consistent with the Federal Way Comprehensive Plan and all criteria set forth in the Federal Way City Code to include the bulk requirements of cluster subdivisions, and the RS 7.2 and the RS 15 zone classifications. Page - 15 The applicant has established that the preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, potable water supplies, fire protection, sanitary waste, parks and recreation, schools and school grounds, and safe walking conditions. The applicant has established that the request to intrude into the 100 foot wide, major stream setback satisfies all criteria set forth in FWCC 20-445 and FWCC 22- 1312. The proposed preliminary plat coupled with the stream intrusion will serve the public use and interest by providing an attractive location for a single family residential subdivision located on a site previously used for a surface mine and timber production. The proposed plat will maintain the Joe's Creek ravine and the Lakota Creek ravine in their natural conditions, will serve the public use and interest, and therefore should be approved subject to the following conditions: Prior to the City's approval of engineering plans, all construction-related recommendations of the applicant's geotechnical report, and Conditions of preliminary plat approval, shall be reflected on applicable construction drawings. As required by the Directors of Community Development and Public Works, no grading or clearing activities shall occur on the site between the dates of October Ist and April 30t~, in order to prevent potential erosion impacts to steep slopes and/or sedimentation impacts to adjacent major streams. Prior to final plat approval, the plat map shall be revised to include a text note stipulating that erosion control plans are required for construction of each individual lot. Any additional recommendations related to future home construction, as may be identified by the on-site geotechnical engineer during plat construction, shall be added to the plat map prior to final plat approval. Prior to final plat approval, a text note shall be added to the plat map indicating that maximum lot coverage is 50 percent for lots zoned RS 15- 0, and 60 percent for lots zoned RS 7.2. Prior to final plat approval, the applicant shall submit a final landscape plan, prepared by a licensed landscape architect, addressing all landscaping within plat boundaries; including open space tracts, slope Page- 16 vegetation, revegetation of disturbed stream buffer areas, visual screening of storm drainage tracts, and street trees; for review and approval by the Directors of Community DevelOpment; Public Works; and Parks, Recreational, and Cultural Services (PARCS). Prior to submittal to the City the landscape plan shall be reviewed and signed by a geotechnical engineer and shall reflect all applicable recommendations contained in the applicant's geotechnical report (Exhibit X); and shall be reviewed and signed by a qualified wetland biologist and shall reflect all applicable recommendations contained in the applicant's Wetland Assessment and Stream Buffer Mitigation Plan (Exhibit X). Pursuant to FWCC § 22-1286(d)(2); §22-1243, §22-1313(3), § 22- 1358(e)(1), the City may require the applicant to pay for the services of a geotechnical engineer and/or wetland biologist to review plans, provide recommendations, and conduct inspections and/or monitoring, on behalf of the City, as determined by the Community Development Director. Prior to final plat approval, the applicant shall submit a final open space plan depicting the location and design of playground equipment, for review and approval by the Directors of Community Development and PARCS. As determined based on this review, the City may require street signage regarding notification of park area(s) if located near a street curve with limited sight distance, and/or the City may require a raised and marked pedestrian pathway for pedestrian safety. Prior to final plat approval, as required by the Public Works Director, the plat map shall be revised to include a text note. stipulating that any open space tract owned by homeowners and improved as required by the City's mid-block pedestrian standard shall be permanently maintained per the constructed standard, with no obstructions or alterations thereto except maintenance. Prior to final plat approval and recording, as required by the Public Works Director, the plat map shall be revised to include a text note stipulating that any landscaping or fencing within private yards, and within common open space, where abutting any City-required mid-block pedestrian pathway, shall not obscure views into the pedestrian pathway for safety purposes. 9. As required by the Public Works Director, construction plans shall reflect Page- 17 Department of Ecology discharge standards for both class AA and Class A surface waters, as follows: "Turbidity shall not exceed 5 NTU over background turbidity when the background turbidity is 50 NTU or less, or have more than a 10 percent increase in turbidity when the background turbidity is more than 50 NTU." The applicant is required to meet this standard for all surface water discharges into Lakota and Joe's Creek during construction and until at least 80 percent of available lots are fully built upon and stabilized. In order to ensure compliance with this standard the applicant is required to provide pre-disturbance monitoring values for background turbidity on both creeks, and provide monitoring on a regular basis (storm event dependant) dudng construction and as required by the city. 10. As required by the Public Works Director, the Tract "O" detention pond shall be designed in accordance with the "Resource Stream Protection" requirements of the 1998 King County Surface Water Design Manual (KCSWDM) or as otherwise approved by the Public Works Director. 11. As required by the Directors of Community Development and Public Works, prior to final plat approval, Lots #68 through #74 shall be converted to an open space tract, with an associated text note stipulating that any subdivision, sale, or development of any or all of the tract area is prohibited, until completion infiltration monitoring for Tract "D", as required by the City's May 24, 2003 MDNS, and a determination of buildability is made by the City; and in the interim such area shall not be sold by the developer; shall be stabilized with hydroseeding, and be kept reasonably free of invasive vegetation. Alternatively, the applicant may propose an alternative design that eliminates the infiltration impact, as documented in a geotechnical report, and if city staff concurs with the alternative and determines it to be consistent with preliminary plat approval, and if approved by Council, all or some of these lots could be platted for sale and home construction. 12. As required by the Director of Public Works, prior to final plat recording, the applicant shall install signage at the north terminus of 30t" Avenue SW, identifying the street for future connection, as required by the Public Works Director. 13. All on site fencing associated with plat construction is subject to the City's final review an approval of design, location, and any screening. Fencing Page - 18 shall allow for the migration of small animals. Any chain link fencing, if approved by the City, shall be vinyl coated black or green, and shall be screened with vegetation. 14. Rockeries and retaining walls associated with plat construction must reflect residential-scale, design sensitive materials and landscaping where they are visible from adjacent residences or usable open space. 15. As proposed by the applicant with the City's concurrence, the applicant will address potential future traffic impacts to local neighborhood streets by performing a neighborhood traffic "after study," to be performed when 75 percent of the buildable lots are occupied, and to set aside $20,000 to be used to install additional traffic calming measures that may be identified by the study, as required by the Public Works Director. DECISION: The request for Process IV approval to allow intrusion into 100 foot wide setback from Lakota Creek is hereby granted subject to the conditions contained in the conclusions above. RECOMMENDATION: It is hereby recommended that the Federal Way City Council approve the preliminary plat of Colella Estates subject to the conditions contained in the conclusions above. DATED THIS 18th DAY OF November, 2003. · Hearing Examiner TRANSMITTED THIS 18th DAYOF November, 2003, to the following: AGENT: Kurt Wilson SBI, LLC Land Development P.O. Box 73790 Puyallup, WA 98373 Page- 19 ENGINEER: Mounir "Tom" Touma, PE/PLS Touma Engineers & Land .Surveyors 6632 South 191st Place, Suite E-102 Kent, WA 98032 OTHERS: Diana Noble-Gulliford 2754 SW 314th St. Ardeth Garber 2900 SW 312"' Place Estate of Tony Colella Tom Taaffe P.O. Box 66706 Dimitry L. Tihomirov Michael Uggen Tim Miller Chris Broyces Ed Flanigan Ronda Sims 2741 SW 314th St. 2724 SW 312t~ Place 1607 E. Main Street 2748 SW 315th St. 826 SW 355th Ct. 2722 SW 314th St. City of Federal Way cio Chris Green P.O. Box 9718 Federal Way, WA 98063-9718 Federal Way, WA 98023 Federal Way, WA 98023 Seattle, WA 98166 Federal Way, WA 98023 Federal Way, WA 98023 Auburn, WA 98002 Federal Way, WA 98023 Federal Way, WA 98023 Federal Way, WA 98023 Page - 20 PRELIMINARY PLAT OF COLELLA ESTATES CITY COUNCIL REVIEW, ACTION Pursuant to Section 20-127, following receipt of the final report and recommendation of the hearing examiner, a date shall be set for a public meeting before the city council. The city council review of the preliminary plat application shall be limited to the record of the hearing before the headng examiner, oral comments received during the public meeting (so long as those comments do not raise new issues or information not Contained in the examiner's record) and the hearing examiner's written report. These materials shall be reviewed for compliance with decisional criteria set forth in section 20-126. The city council may receive new evidence or information not contained in the record of hearing before the hearing examiner, but only.if that evidence or information: (i) relates to the validity of the hearing examiner's decision at the time it was made and the party offering the new evidence did not know and was under no duty to discover or could not reasonably have discovered the evidence until after the hearing examiner's decision; or (ii) the hearing examiner improperly excluded or omitted the evidence from the record. If the city council concludes, based on a challenge to the hearing examiner recommendation or its own review of the recommendation, that the record compiled by the hearing examiner is incomplete or not adequate to allow the city council to make a decision on the application, the city council may by motion remand the matter to the hearing examiner with the direction to reopen the hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the motion. After considering the recommendation of the hearing examiner, the city council may adopt or reject the hearing examiner's recommendations based on the record established at the public hearing. If, after considering the matter at a public meeting, the city council deems a change in the hearing examiner's recommendation approving or disapproving the preliminary plat is necessary, the city council shall adopt its own recommendations and approve or disapprove the preliminary plat. As part of the final review, the city council may require or approve a minor modification to the preliminary plat if: (a) (b) (c) (d) The change will not have the effect of increasing the residential density of the plat; The change will not result in the relocation of any access point to an exterior street from the plat;. The change will not result in anY loss of open space or buffering provided in the plat; and The city determines that the change will not increase any adverse impacts or undesirable effects of the project and that the change does not significantly alter the project. Page - 21 PROCESS IV STREAM BUFFER INTRUSIONS PROCESS IV Rights to Appeal Decisions of the hearing Examiner may be appealed by any person who is to receive a copy of that decision under FWCC Section 22-443. The appeal, in the form of a letter of appeal, must be delivered to the Department of Community Development Services within fourteen (14) calendar days after the issuance of the Hearing Examiner's decision. The letter of appeal must contain: o A statement identifying the decision being appealed, along with a copy of the decision; o A statement of the alleged errors in the Hearing ExaminerEIs decision, including specific factual finds and conclusions of the Hearing Examiner disputed by the person filing the appeal; and o The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. The person filing the appeal shall include, with the letter of appeal, the fee established by the City of the costs of preparing a written transcript of the hearing (or in the alternative, the appellant may prepare the transcript at his or her sole costs from tapes of the hearing provided by the City).The appeal will not be accepted unless it is accompanied by the required fee and cost (or agreement of the appellant to prepare the transcript). Appeals from the decision of the Hearing Examiner will be heard by The City Council. The decision of City Council is the final decision of the City. The action of the City in granting or denying an application under this article may be reviewed pursuant to RCW 36.70C in the King County Superior Court. The Land Use Petition must be filed within twenty-one (21) calendar days after the final land use decision of the City. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS, THE COLELLA ESTATES PRELIMINARY PLAT, FEDERAL WAY FILE NO. 99-101323-00-SU. WHEREAS, the owner(s), Soundbuilt Homes (SBI, LLC) and others through written authorization, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Colella Estates Preliminary Plat, consisting of 59 acres, into eighty-six (86) single family residential lots, in a combination conventional and cluster configuration, located north of Southwest 320th Street along and north of 30ta Avenue SW (if extended); south and west of Dash Point Road; and betWeen "Lakota Creek" and "Joe's Creek", to the west and east of the site, respectively; in Section 12 Township 21 North, Range 3 East, W.M.; and WHEREAS, on June 30, 1999, the preliminary plat application was determined complete by the Department of Community Development Services, and vested to all City codes, policies, and regulations in effect on that date; and WHEREAS, a Mitigated Environmental Determination of Nonsignificance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA) and Chapter 43.21C RCW; and WHEREAS, on May 24, 2003, a Mitigated Environmental Determination of Nonsignificance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA) and Chapter 43.21C RCW; and WHEREAS, no comments or appeals responsive to the MDNS were submitted to the Department of Community Development Services; and WHEREAS, on November 4, 2003, the Federal Way Land Use Hearing Examiner held a public hearing concerning the Colella Estates preliminary plat; and Doc. I.D. 25425 WHEREAS, following the conclusion of said hearing, the Federal Way Land Use Hearing Examiner issued a whtten Report and Recommendation, dated November 18, 2003, containing his findings and conclusions, and recommended approval of the preliminary plat of Colella Estates subject to the conditions set forth therein; and WHEREAS, pursuant to Section 20-127 of the Federal Way City Code, the Federal Way City Council has jurisdiction authority and to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, on December 15, 2003, the City Council Land Use and Transportation Committee considered the record and the November 18, 2003, recommendation by the Hearing Examiner regarding the Colella Estates preliminary plat, and voted to forward a recommendation for approval of the proposed Colella Estates preliminary plat, with no changes to the Hearing Examiner recommendation, to the full City Council; and WHEREAS, pursuant to Chapter 20 of the Federal Way City Code, chapter 58.17 RCW, and all other applicable City codes, on January 6, 2004, the City Council considered the record and the Heating Examiner's November 18, 2003, recommendation on the Colella Estates preliminary plat. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Adoption of Findings and Conclusions. 1. The findings and conclusions contained in the Land Use Hearing Examiner's November 18, 2003 Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion and/or any conclusion deemed to 'be a finding, shall be treated as such. 2. Based on, 'inter alia, the analysis and conclusions in the Staff Report and the recommendation and conditions of approval as established in the Hearing Examiner's November 18, 2003 Report and Recommendation, the proposed subdivision makes appropriate provisions for the public's Doc. I.D. 25425 health, safety, and general welfare; for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds, and all other relevant facts as are required by City code and state law; and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the November 18, 2003, Report and Recommendation of the Federal Way Land Use Hearing Examiner and the findings and conclusions contained therein as adopted by the City Council immediately above, the preliminary plat of Colella Estates, Federal Way File No. 99-101323-00-SU, is hereby approved, subject to the conditions contained in the November 18, 2003 Report and Recommendation of the Federal Way Land Use Hearing Examiner (Exhibit A). Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council's finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid then, in that event, the proposed preliminary plat approval granted in this Resolution shall be deemed void and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions. Upon such review, the Hearing Examiner shall conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public's health, safety, and general welfare, and other factors as required by Chapter 58.17 RCW and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. Doc. I.D. 25425 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 5. Ratification. Any act consistent with the authority and prior to the effective date of the Resolution is hereby ratified and affirmed. Section 6. Effective Date. This Resolution shall be effective immediately upon passage by the Federal Way City Council. OF RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS __ ., 2004. CITY OF FEDERAL WAY DAY ATTEST: MAYOR CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED ASTOFORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO: Doc. I.D. 25425 There are no supporting memos or documents.for agenda item D, Work Program Progress Report