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HomeMy WebLinkAbout10-04-21 LUTC Agenda PacketCity of Federal Way City Council Land Use & Transportation Committee October 4, 2021 City Hall 5:00 p.m. Zoom Meeting Notice: Due rising cases of COVID-19 in King County and the region and pursuant to Governor Inslee's Proclamation 20-28, all city meetings will be held remotely until further notice. The Mayor and Council encourage you use one of the following ways to participate in the meeting: Q Click Here to Watch Online Live Streaming Video of the Meeting Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 809 975 640 C } Sign -Up* here to give citizen comment during the meeting (via calling -in) e Click Here to submit written comments to the LUTC ® Watch from the Zoom mobile app with meeting: 809 975 640 and passcode: 595617 MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT 3. COMMITTEE BUSINESS Topic Title/Description Presenter(s) Page Action or Info A. Approval of Minutes September 13, 2021 2 B. Ordinance to Adopt 2021 KCSWDM Elliott 3 Action C. Resolution - Mirror Lake Highland Plat Harris 38 Action Alteration D. Ordinance: Code Amendments: Public Rogers 79 Action Transportation Facilities E. Draft Housing Action Plan and Community Skadsen 104 Action Open House F. Progress Update on Sound Transit Projects in Medlen 107 Info Only Federal Way Council Date N/A 10/19/21 First Reading 10/19/21 Consent 10/19/21 First Reading 10/19/21 Consent N/A 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be November 1, 2021 at 5:00 p.m. 6. ADJOURNMENT Committee Members City Staff Greg Baruso, Chair EJ Walsh, P. E., Public Works Director Martin Moore, Member Sara Gilchrist Administrative Assistant II Hoang V. Tran, Member (253) 835-2706 September 13, 2021 5:00 p.m. City of Federal Way City Council Land Use & Transportation Committee MEETING SUMMARY City Hall Council Chambers Committee Members in Attendance: Committee Chair Greg Baruso, Committee Member Hoang Tran (remote), and Committee Member Martin Moore Other Councilmembers in Attendance: City Council President Susan Honda, Council Member Lydia Assefa-Dawson Staff in Attendance: Public Works Director EJ Walsh, Public Works Deputy Director Desiree Winkler, Assistant City Attorney Kent van Alstyne, Development Services Manager Cole Elliott, Surface Water Quality Program Supervisor Emile Ancelet, Planning Manager Keith Niven, Sound Transit Liaison Ryan Medlen, Community Development Director Brian Davis, Community Service Manager Sarah Bridgeford, Executive Assistant Jeri -Lynn Clark, and Environmental Services Contract Coordinator Rebecca Kovar Citizens Presenting: 1. CALL TO ORDER: Committee Chair Greg Baruso called the meeting to order. 2. PUBLIC COMMENT: None 3. COMMITTEE BUSINESS: Topic Title/Description A. Approval of Minutes: July 12, 2021 Committee approved the July 12, 2021 LUTC minutes as presented. • Moved: Moore • Seconded: Tran • Passed: 3-0 unanimously B. Master Lease Agreement with Verizon Wireless for Small Wireless Facilities Development Services Manager Cole Elliott presented information about the proposed agreement, including the importance of small wireless to keep up with technological changes, including 5G coverage. Questions and discussion followed. Committee forwarded Option #1 (Approve the proposed agreement.) to the September 21, 2021 Consent Agenda for approval. • Moved: Tran • Seconded: Moore • Passed: 3-0 unanimously Committee Members City Staff Greg Baruso, Chair EJ Walsh, P. E., Public Works Director Martin Moore, Member Rebecca Kovar, Administrative Assistant Ii Hoang V. Tran, Member (253) 835-2701 C. Authorization to Apply for and Accept the SWM Capacity Grant Surface Water Quality Program Supervisor Emile Ancelet presented information the proposed grant application, including previous grant application and usage and outreach expectations. Questions and discussion followed. Committee forwarded Option #1 (Approve the proposed grant application and acceptance.) to the September 21, 2021 Consent Agenda for approval. • Moved: Moore • Seconded: Tran • Passed: 3-0 unanimously CI. Downtown Planning Grant Application Planning Manager Keith Niven presented information about the proposed grant application Resolution, including need for safe pedestrian and bike crossing of S 320t" Street, the impact of the new light rail station on foot traffic, and expected timeline. Questions and discussion followed. Committee forwarded Option #1 (Approve the Mayor's Recommendation.) to the September 21, 2021 Council Meeting for Public Hearing. • Moved: Tran • Seconded: Moore • Passed: 3-0 unanimously CII. ORDINANCE: Code Amendments Establishing Local Standards for Permanent Supportive Housing and Emergency Shelter Planning Manager Keith Niven presented information about the proposed amendments to the Housing Code, including definitions of housing types required by HB 1220, deadlines for compliance, and need for local standards and regulations and housing areas allowed by the regulation. Questions and discussion followed. Committee forwarded Option #1 (Adopt the proposed ordinance.) to the September 21, 2021 Council Meeting Business Agenda. • Moved: Tran • Seconded: Moore • Passed: 3-0 unanimously CIII. Update on Sound Transit Activities Sound Transit Liaison Ryan Medlen reported on current activities regarding Sound Transit projects, including construction of rail line and station at the Federal Way Transit Center. Questions and discussion followed. 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be held October 4, 2021 at 5:00 p.m. in City Hall Council Chambers (or Zoom meeting, per state guidance). 6. ADJOURNMENT: The meeting was adjourned at 6:09 p.m. [SIGNATURE PAGE TO FOLLOW] Committee Members City Staff Greg Baruso, Chair EJ Walsh, P. E., Public Works Director Martin Moore, Member Rebecca Kovar, Administrative Assistant IZ Hoang V. Tran, Member (253) 835-2701 Attest: Sara Gilchrist, Administrative Assistant II Approved by Committee: Date Committee Members Greg Baruso, Chair Martin Moore, Member Hoang V. Tran, Member City Staff EJ Walsh, P. E., Public Works Director Rebecca Kovar, Administrative Assistant 11 (253) 835-2701 COUNCIL MEETING DATE: October 19, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE TO ADOPT 2021 KCSWDM POLICY QUESTION: Should City Council approve the proposed Ordinance to adopt the 2021 King County Surface Water Design Manual (KCSWDM)? COMMITTEE: Land Use and Transportation MEETING DATE: October 4, 2021 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cole Elliott, P.E., Development Services Manager DEPT: Public Works Attachments: 1. Staff Report 2. Ordinance 3.2021 KCSWDM Addendum Options Considered: 1. Approve the proposed ordinance. 2. Do not approve the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: 9 7 DIRECTOR APPROVAL:i �Z fj pmr tics i.'nu it / Initial/Date fniti IDalc Inina f7atc COMMITTEE RECOMMENDATION: "I move to forward the proposed Ordinance to the October 19, 2021 agenda for first reading. " Greg Baruso, Committee Chair Hoang V. Tran, Committee Martin Moore, Committee Member Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (OCTOBER 19, 2021): "I move to forward the proposed ordinance to the November 3, 2021 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (NOVEMBER 3, 2021): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 24, 2021 TO: City Council VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director`&/-'—e� Cole Elliott, P.E. Development Services Manager SUBJECT: Ordinance to Adopt 2021 King County Surface Water Design Manual KCSWDM FINANCIAL IMPACTS: There are no financial impacts. BACKGROUND INFORMATION: The City of Federal Way was issued our current Phase II National Pollution Discharge Elimination System (NPDES) Permit on July 1, 2019. As a requirement of the permit the City has three options for adopting an approved Stormwater Manual: ■ Adopt the State of Washington (Ecology) manual, ► Adopt a Phase I Permit holder (King County) manual, • Create our own. Currently the City has adopted the 2016 KCSWDM. On July 23, 2021, King County released an update to their stormwater manual. As a Phase II permit holder, the City must adopt the 2021 King County Surface Water Design Manual by December 31, 2021. The King County manual update responds to comments from Ecology on the King County NPDES permit and brings the KCSWDM into compliance with the Ecology manual. Changes are updates due to research, studies, and best available treatments since the last manual was adopted. As part of the Ordinance, the City is also updating the City of Federal Way Revised Code Chapter 16. Chapter 16 revisions reflect code updates not included in the previous adoption and revisions required to match the 2021 KCSWDM. The City of Federal Way Addendum to the KCSWDM reflects definition changes, Code changes, and reference materials updated in the 2021 manual. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to National Pollutant Discharge Elimination System Phase II Permit Requirements; amending FWRC 16.20.010 and 16.25.010 (Amending Ordinance Nos. 99-352, 09-630, 16-828). WHEREAS, the Washington State Department of Ecology issued the Western Washington Phase II Municipal Stormwater Permit ("NPDES Permit") on July 1, 2019 pursuant to the requirements of the Federal Clean Water Act ("CWA") —National Pollutant Discharge Elimination System ("NPDES"); and WHEREAS, the NPDES Permit requires affected cities and counties, such as the City of Federal Way ("City"), to adopt Storm Water Design Requirements consistent with the terms of the NPDES permit; and WHEREAS, the NPDES Permit requires the City to adopt a Stormwater Manual, which may be either the State of Washington (Department of Ecology) manual, a Phase I Permit holder (King County) manual, or a manual created by the City; and WHEREAS, currently the City has adopted the 2016 King County, Washington Surface Water Design Manual ("KCSWDM"); and WHEREAS, on July 23, 2021, King County released an update to the KCSWDM; and WHEREAS, as a Phase II permit holder, the City must adopt the updated KCSWDM by December 31, 2021; and WHEREAS, the proposed regulatory code amendments will serve to better protect the City's natural water resources in terms of both water quality and water quantity; and WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the Ordinance No. 21- Page I of 8 Rev 1 /21 City to modify the regulatory code to meet the NPDES Permit requirements and that amending this section is consistent with the applicable provisions of the comprehensive plan; and is in the best interest of the residents of the City; and WHEREAS, the City Council desires to adopt the 2021 Federal Way Addendum to the King County, Washington Surface Water Design Manual, which is attached and incorporated by this reference. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 16.20.010 is hereby amended to read as follows: 16.20.010 Manuals and addendum adopted. The 24t6 current version of the King County, Washington Surface Water Design Manual (KCSWDM), the current accompanying version of the 204-6rFederal Way Addendum to the King County, Washington Surface Water Design Manual, the King County Stormwater Pollution Prevention Manual, and the latest edition of the LID Technical Guidance Manual for Puget Sound, as they exist on the effective date of the ordinance codified in this chapter or as hereafter amended, are hereby adopted by this reference. They are referred to in this title respectively as the KCSWDM, Federal Way Addendum, the KCSPPM and the LID Manual. Section 2. FWRC 16.25.010 is hereby amended to read as follows: 16.25.010 Core and special requirements. Depending on the type of drainage review required, as described in FWRC 16.25.020, one or more core or special requirements shall be met. The core and special requirements, described below, are also described in detail in the KCSWDM and Federal Way Addendum adopted by reference in Ordinance No. 21- Page 2 of 8 Rev 1 /21 FWRC 16.20.010. (1) Core requirements. (a) Core Requirement #1— Discharge at the Natural Location. All surface and stormwater runoff from a project must be discharged at the natural location so as not to be diverted onto or away from downstream properties. The manner in which runoff is discharged from the project site must not create a significant adverse impact to downhill properties or drainage systems. (b) Core Requirement #2 — Off -Site Analysis. All proposed projects must submit an off -site analysis report that assesses potential off -site drainage impacts associated with development of the project site and proposes appropriate mitigations of those impacts. The initial permit submittal shall meet the requirements outlined in the KCSWDM and the Federal Way Addendum. (c) Core Requirement #3 —Flow Control. All proposed projects, including redevelopment projects, must provide on -site flow control facilities to mitigate the impacts of increased storm and surface water runoff generated by the addition of new impervious surface, new pervious surface and replacement impervious surfaces. These facilities shall, at a minimum, meet the performance criteria for one of the area -specific flow control standards and be implemented according to the applicable flow control implementation requirements described in the KCSWDM. Flow control BMPs must be provided as directed in the KCSWDM. (d) Core Requirement #4 — Conveyance System. All engineered conveyance system elements for proposed projects must be analyzed, designed, and constructed to provide a minimum level of protection against overtopping, flooding, erosion, and structural failure as specified in the KCSWDM. Ordinance No. 21- Page 3 of 8 Rev 1/21 (e) Core Requirement #5 — Erosion and Sediment Control. All proposed projects that will clear, grade, or otherwise disturb the site must provide erosion and sediment controls to prevent, to the maximum extent possible, the transport of sediment from the project site to downstream drainage facilities, water resources, and adjacent properties. To prevent sediment transport, erosion and sediment control (ESC) measures that are appropriate to the project site must be applied and performed as described in the KCSWDM. Both temporary and permanent erosion and sediment controls shall be implemented as described in the KCSWDM. (f) Core Requirement #6 — Maintenance and Operations. Maintenance and operation of all drainage facilities is the responsibility of the applicant or property owner, except those facilities for which Federal Way is granted an easement, tract, or right-of-way and officially assumes maintenance and operation as described in the KCSWDM. Drainage facilities must be maintained and operated in compliance with Federal Way maintenance standards. (g) Core Requirement #7 —Financial Guarantees and Liability. All drainage facilities constructed or modified for projects (except downspout infiltration and dispersion systems), and any work performed in the right-of-way, must comply with the financial guarantee requirements in FWRC Title 19. (h) Core Requirement #8 — Water Quality. All proposed projects, including redevelopment projects, must provide water quality (WQ) facilities to treat the runoff from new and/or replaced pollution -generating impervious surfaces and pollution -generating pervious surfaces. Redevelopment projects may also be required to provide WQ facilities to treat existing pollution - generating impervious surfaces. WQ facilities shall be selected and implemented according to the KCSWDM. Ordinance No. 21- Page 4 of 8 Rev 1 /21 i Core Re uirement#9--FlowControlBMPs. All Droposed projects, includin redevelo meat projects, must provide onsite flow control BMPs to mitigate the impacts of storm and surface water runoff generated by new impervious surface new pervious surface existing impervious surfaces and r laced im ervious surface tar eted for miti ation ass ecified in the foiiowin sections. Flow control BMPs must be selected and applied according to the KCSWDM. (2) Special requirements. (a) Special Requirement #1 — Other Adopted Area -Specific Requirements. King County has developed several types of area -specific plans and regulations that contain requirements for drainage design. These regulations include critical drainage areas, master drainage plans, basin plans, lake management plans, and shared facility drainage plans. In some cases, these plans and regulations could overlap with the city of Federal Way's jurisdictional area. The Hylebos Creek and Lower Puget Sound Basin Plan is the only one of these area -specific regulations that currently affects Federal Way. King County developed this basin plan which recommends specific land uses, regional capital projects, and special drainage requirements for future development within the Hylebos and lower Puget Sound basin. The drainage requirements of adopted area -specific regulations such as basin plans shall be applied in addition to the drainage requirements of the KCSWDM and Federal Way Addendum unless otherwise specified in the adopted regulation. Where conflicts occur between the two, the drainage requirements of the adopted area -specific regulation shall supersede those in the KCSWDM and Federal Way Addendum. (b) Special Requirement #2 — Floodplain/Floodway Delineation. Floodplains and floodways are subject to inundation during extreme events. The 100-year floodplains are delineated in order to Ordinance No. 21- Page S of 8 Rev 1 /21 minimize flooding impacts to new development and to prevent aggravation of existing flooding problems by new development. Regulations and restrictions concerning development within a 100-year floodplain are found in Federal Way's environmentally sensitive areas and flood hazard regulations. If an approved flood hazard study exists, then it may be used as the basis for delineating the floodplain and floodway boundaries provided the study was prepared in a manner consistent with the KCSWDM and other Federal Way flood hazard regulations. If an approved flood hazard study does not exist, then one shall be prepared based on the requirements described in Chapter 4.4.2 of the KCSWDM, "Floodplain/Floodway Analysis." (c) Special Requirement #3 — Flood Protection Facilities. Developing sites protected by levees, revetments, or berms requires a high level of confidence in their structural integrity and performance. Proper analysis, design, and construction is necessary to protect against the potentially catastrophic consequences if such facilities should fail. The applicant is required to demonstrate conformance with FEMA regulations using the methods specified in Chapter 4.4.2 of the KCSWDM. In addition, certain easement requirements (outlined in Chapter 4.1 of the KCSWDM) must be met in order to allow city access for maintenance of the facility. (d) Special Requirement #4 — Source Control. Water quality source controls, many of which are listed in the KCSPPM and the LID Manual, prevent rainfall and runoff water from coming into contact with pollutants, thereby reducing the likelihood that pollutants will enter public waterways and violate water quality standards. When applicable, structural source control Ordinance No. 21- Page 6 of 8 Rev 1/21 measures, such as car wash pads or dumpster area roofing, shall be shown on the site improvement plans submitted for engineering review and approval. Other nonstructural source control measures, such as covering storage piles with plastic or isolating areas where pollutants are used or stored, are to be implemented after occupancy and need not be addressed during the plan review process. All commercial and industrial projects (irrespective of size) undergoing drainage review are required to implement applicable source controls. (e) Special Requirement #S — Oil Control. Projects proposing to develop or redevelop a high -use site must provide oil controls in addition to any other water quality controls required by this manual. Such sites typically generate high concentrations of oil due to high traffic turnover or the frequent transfer of oil. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Ordinance No. 21- Page 7 of 8 Rev 1/21 Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. [signatures to follow] PASSED by the City Council of the City of Federal Way this . day of 20 ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 21- Page 8 of 8 Rev 1 /21 CITY OF Federal Way Addendum to The King County Surface Water Design Manual Effective Date January XX 2022 Introduction This addendum to the 2021 King County, Washington Surface Water Design Manual (KCSWDM) applies to development and re -development proposals within the City of Federal Way. The KCSWDM has been adopted to meet the requirements of the Clean Water Act, the Endangered Species Act, Washington State Growth Management Act, and the City of Federal Way's (City) National Pollutant Discharge Elimination System (NPDES) Permit. This addendum includes minor revisions to the KCSWDM to address the differences between King County's and the City's organization and processes. In order to maintain equivalency in review requirements and level of protection provided by the KCSWDM, no major substantive changes have been made to the manual. Addendum Organization The information presented in this addendum is organized as follows: Section 1: Terminology: At times King County and the City of Federal Way use different terminology to describe, or to refer to, equivalent subject matter. This section identifies these terms and the City of Federal Way's equivalent terminology. Section 2: Key Revisions: This section specifically identifies the modifications the City has made to the KCSWDM. Section 3: Code Reference Tables: King County code is referenced in many places throughout the KCSWDM. This section identifies these code references and equivalent City Code where applicable. Section 4: Reference Materials: This section identifies which reference materials provided in the KCSWDM are applicable and which are not. It also identifies if equivalent City of Federal Way reference materials are available. Section 5: Mapping: City of Federal Way equivalents to the Flow Control Applications Map and the Water Quality Applications Map are included in this section. The City's equivalent to the County Landslide Hazard Drainage Areas Map is the City Sensitive/Critical Areas Map available from the Community Development Planning Division. Note: Clarifications and interpretations to the KCSWDM or this addendum will be documented and made available through policy statements within the City's Development Standards. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 1 of 23 Section 1: Terminology: At times King County and City of Federal Way use different terminology to describe or to refer to equivalent subject matter. This section identifies these terms and the City of Federal Way's equivalent terminology. Critical Drainage Areas (CDA's) - City of Federal Way (CFW) code has no equivalent term or designation. Additional requirements to those outlined in the KCSWDM, if any, will be determined based on information provided in the Technical Information Report for an individual project by the Public Works Director or their designee. Department of Local Services, Permitting Division (DLS-Permitting) = City of Federal Way Public Works Department. Department of Natural Resources and Parks (DNRP) = Not applicable, No CFW equivalent. Director = City of Federal Way Public Works Director. Drainage facilities restoration and site stabilization guarantee and drainage defect and maintenance guarantee = CFW Performance/Maintenance Bond. King County = City of Federal Way (CFW). King County Code (KCC) = Federal Way Revised Code (FWRC). Check code reference table for equivalent code sections. King County Designated/Identified Water Quality Problem - This determination is made based on review of historic problems at the subject site by the Public Works Director. King County Road Standards = City of Federal Way Development Standards Manual. Master Drainage Planning - Not applicable, no CFW equivalent. Redevelopment (FWRC 16.05.180) See Federal Way Revised Code, Section 16.05.180 for the purpose of determining water quality review requirements. For the purposes of determining flow control and other stormwater review requirements, the definition of "redevelopment project" identified in the KCSWDM applies. Sensitive Area Folio = Sensitive/Critical Areas Map available from the Community Development Planning Division. Urban Planned Development = Not applicable, no CFW equivalent. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 2 of 23 Water and Land Resources (WLR) Division = City of Federal Way Surface Water Management Division. Zoning Classifications: Where the KCSWDM references Agricultural (A) Zoning, Forest (F) Zoning, or Rural (R) Zoning - These zoning classifications are intended for areas outside of the Urban Growth Boundary, therefore the City of Federal Way contains no equivalent zoning. Refer to city zoning maps to determine which zoning classification applies to the subject property. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 3 of 23 Section 2: Key Revisions: This section includes minor revisions to the KCSWDM to address the differences between King County's and the City's organization and processes, as well as to ensure equivalency. Chapter 1: Drainage Review and Requirements The following steps replace Section 1.1.1 of the KCSWDM: Section 1.1.1 Projects Requiring Drainage Review Introduction The following steps shall be used instead of Section 1.1.1 of the KCSWDM to determine drainage review requirements within the City of Federal Way. This process has been modified to meet the City of Federal Way water quality review requirements and thresholds for redevelopment identified in Federal Way Revised Code (FWRC) 19.30.120, Nonconforming water quality improvements. Determining Drainage Review Requirements: Step 1 Is the project or proposed activity subject to City Code Title 16 (Surface Water Management) pursuant to FWRC 16.15.010? 16.15.010 Regulated activities. The following projects or activities are subject to the provisions of this title, unless exempted in FWRC 16.1 S. 020: (1) Single-family residential; or (2) Projects that add 2, 000 square feet or more of new impervious surface, replaced impervious surface or new plus replaced impervious surface; or (3) Projects that propose 7,000 square feet or more of land disturbing activity; or (4) Projects that propose to construct or modify a drainage pipe/ditch that is 12 inches or more in size/depth, or receives surface and stormwater runoff from a drainage pipe/ditch that is 12 inches or more in sizeldepth; or (S) Collection and concentration of surface and stormwater runoff from a drainage area of more than 5, 000 square feet; or (6) Projects which contain, are adjacent to or directly discharge to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area, or a receiving water with a documented water quality problem as determined by the Public Works Director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; or (7) Projects that involve a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s)" means a pollutant that was not discharged at that City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 4 of 23 location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; (8) Projects other than normal maintenance or other than tenant improvements, but including any increase in gross floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement; or (9) Project proposing $100, 000 or more of improvements to an existing high use site. [Note: the dollar amount indicated can be adjusted based on the consumer price index as identified in the KCSWDM in section I. I. I.] Redevelopment projects that are subject to water quality improvements may phase construction of the improvements as described in FWRC 19.30.120, Non -conforming water quality. Step 2 Projects Subject to Title 16 Projects subject to Title 16 (Surface Water Management) shall determine water quality and stormwater review requirements using Sections 1.1. LA (Step 3) and 1.1. LB (Step 4) of this addendum. Projects Not Subject to Title 16 Projects not subject to Title 16 (Surface Water Management) may still be subject to clearing and grading review requirements pursuant to International Building Code (IBC) Appendix J and FWRC 19.120. Projects which are subject to clearing and grading permit requirements, but do not meet the thresholds identified in 1.1.LB, are subject to the Erosion and Sedimentation Control (ESC) requirements and BMPs of Core Requirement #5 and C.1.4 of the KCSWDM as applicable. Specific ESC requirements shall be determined on a project by project basis during clearing and grading review. Those projects exempt from clearing and grading permit requirements, although not required to be reviewed, are still responsible for implementing Erosion and Sedimentation Control (ESC) measures to maintain a stable site and mitigate offsite impacts. Step 3 1.1.1.A PROJECTS REQUIRING WATER QUALITY REVIEW Water Quality Review (Core Requirement #8) is required for any proposed project (except those proposing only maintenance) that is subject to a City of Federal Way development permit or approval, AND that meets any one of the following conditions: New Development 1. The project adds or will result in 2,000 square feet or more of new impervious surface; OR City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 5 of 23 2. The project proposes 7,000 square feet or more of land disturbing activity; OR 3. The project proposes to construct or modify a drainage pipe/ditch that is 12 inches or more in size/depth, or receives surface and stormwater runoff from a drainage pipe/ditch that is 12 inches or more in size/depth; OR 4. The project contains or is adjacent to "frequently flooded areas" or "special flood hazards" as defined in FWRC 14.05 and 19.142.050; OR 5. The project is located within a Critical Drainage Area, OR Redevelopment t (meeting the definition identified in FWRC 19.30.120) 6. Redevelopment which involves the creation or addition of impervious surfaces having an area of 5,000 square feet or more; OR 7. Redevelopment which involves the construction or replacement of a building footprint or other structure having a surface area of 5,000 square feet or more, or which involves the expansion of a building footprint or other structure by 5,000 square feet of surface area or more; OR 8. Redevelopment which involves the repair or replacement of 5,000 square feet or more of an impervious surface, when such redevelopment is not part of a routine maintenance activity; OR 9. Redevelopment which involves the collection and/or concentration of surface and/or stormwater runoff from a drainage area of 5,000 square feet or more; OR 10. Redevelopment which contains or directly discharges to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area determined by the Public Works Director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the Public Works Director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; 11. Redevelopment which involves a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s)" means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; "Redevelopment" means a project that proposes to add, replace, or modify impervious surface (for purposes other than a residential subdivision or maintenance) on a site that is already substantially developed in a manner consistent with its current zoning, or with a legal nonconforming use, or has an existing impervious surface coverage of 35 percent or more. Water quality for the entire subject property must be brought into compliance with FWRC Title 16, where the proposed redevelopment meets or exceeds the thresholds set forth, and shall be done in accordance with the approved King County, Washington Surface Water Design Manual or equivalent, as amended. FWRC 19.30.120) City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 6 of 23 12. Redevelopment, other than normal maintenance or other than the tenant improvements, but including any increase in gross floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement being redeveloped. The applicant may provide an appraisal of the improvement. The appraisal must be from a source acceptable to the City. The Public Works 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 the applicant or required by the City, the greater of the two amounts shall be used. For purposes of determining value under this section, improvements required pursuant to FWRC 19.30.090 (nonconforming development), FWRC 19.30.110 (street/sidewalk improvements), this section (nonconforming water quality improvements) and FWRC 19.135.030 (street/sidewalk improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection; 13. Redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem, as determined by the Public Works Director based on a map, plan, water quality monitoring data or a written policy in existence or implemented by the Public Works Director prior to submission of a redevelopment application determined to trigger application of this subsection, where the Public Works Director determines that the redevelopment requires additional specific controls to address the documented water quality problem. Water Quality Review for "Redevelopment" Projects meeting the "redevelopment" definition and thresholds identified in this section are subject to Core Requirement #8 for the entire site 2 pursuant to the city's Nonconformance code (FWRC 19.30.120). Please note that application of Core Requirement #8 differs between redevelopment and new development as indicated in Section 1.2.8 of this addendum. Step 4 MAX PROJECTS REQUIRING STORMWATER REVIEW Stormwater Review is required for any proposed project (except those proposing only maintenance) that is subject to a City of Federal Way development permit or approval, AND that meets any one of the following conditions (see Figure 1.1. LB for flow chart): 1. The project adds or will result in 2,000 square feet or more of new impervious surface, replaced impervious surface, or new plus replaced impervious surface; OR Site (a.k.a. development site) means a single parcel as established by the King County Department of Assessments, or two or more contiguous parcels that are under common ownership or documented legal control, used as a single parcel for purposes of applying for authority from King County to carry out a development/project proposal. For projects located primarily within dedicated rights -of -way, site includes the entire width of right-of-way within the total length of right-of-way subject to improvements proposed by the project. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 7 of 23 2. The project proposes 7,000 square feet or more of land disturbing activity; OR 3. The project proposes to construct or modify a drainage pipe/ditch that is 12 inches or more in size/depth, or receives surface and stormwater runoff from a drainage pipe/ditch that is 12 inches or more in size/depth; OR 4. The project contains or is adjacent to "frequently flooded areas" or "special flood hazards" as defined in FWRC 14.05.030 and 19.142.050; OR 5. The project is located within a Critical Drainage Area; OR 6. The project is a redevelopment project 3 proposing $100,0004 or more of improvements to an existing high -use site; OR 7. The project is a redevelopment project on a single- or multiple -parcel site in which the total of new plus replaced impervious surface is 5,000 square feet or more and whose valuation of proposed improvements (including interior improvements and excluding required mitigation and frontage improvements) exceeds 50% of the assessed value of the existing site improvements. If stormwater review is required for the proposed project, the type of review must be determined based on project and site characteristics as described in Section 1.1.2 of the KCSWDM. 3 For the purposes of this section "Redevelopment project" means a project that proposes to add, replace, or modify impervious surfaces for purposes other than a residential subdivision or maintenance on a site that is already substantially developed in a manner consistent with its current zoning or with a legal non -conforming use, or has an existing impervious surface coverage of 35% or more. The following examples illustrate the application of this definition. (KCSWDM Chpt. 1) 4 This is the "project valuation" as declared on the submitted permit application. The dollar amount of this threshold is considered to be as of January 8, 2001 and may be adjusted on an annual basis using the local consumer price index (CPI). Note: January 8, 2001 is the effective date of the ESA 4(d) Rule for Puget Sound Chinook salmon. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 8 of 23 FIGURE 1.1.1.13 Stormwater Review Flow Chart J Project or ' Activity Stormwater Review Does the project meet the definition of a "redevelopment project" as defined in the KCSWDM? Yes Does the project meet thresholds #s 6 - 7 in Section 1.1.1.13 of this addendum? P.S Stormwater Review Required See Section 1.1.2 of KCSWDM for specific requirements ►IL70 NNo o .� J No Stormwater Review Required Does the project meet thresholds #s 1 - 5 in Section 1.1.1.13 of this addendum? Stormwater Review Required See Section 1.1.2 of KCSWDM for specific requirements * The requirement to complete a stormwater review is separate from the requirements to conform to the Water Quality Review (1.1.LA). If water quality is triggered, but a stormwater review is not, the applicant is still required to conform to the Water Quality requirements. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 9 of 23 The following items amend the identified sections of the KCSWDM: 1.1.3 Drainage Review Required by Other Agencies In addition to the Muckleshoot Indian Tribe, CFW is required to notify the Puyallup Indian Tribe. The City of Federal Way administers its own Forest Practices Class IV -General Permits. The City of Federal Way does not administer Class IV -Special Forest Practices Permits. 1.2.5 Core Requirement #5 Projects subject to clearing and grading permit requirements, but which do not meet the thresholds identified in 1.1. LB, are subject to the ESC requirements and BMPs of Core Requirement #5 and C.1.4 of the KCSWDM as applicable. Specific ESC requirements shall be determined on a project by project basis during clearing and grading review. Those projects exempt from clearing and grading permit requirements, although not required to be reviewed, are still responsible for implementing Erosion and Sedimentation Control (ESC) measures to maintain a stable site and mitigate offsite impacts 1.2.5.3 (F) - City of Federal Way does not assume lead agency status for Class IV Special Forest Practices Permits 1.2.6 Drainage Facilities to be Maintained by City of Federal Way - See FWRC 16.35.010. 1.2.8 Core Requirement #8 Water Quality — Guide to Applying Core Requirement #8 1. Redevelopment a. When water quality improvements are required, the entire site must be brought up to current water quality standards for all pollution -generating impervious surfaces (PGIS). i. This includes all (PGIS) regardless of when they were created, including impervious surfaces created before 2001. ii. Any applicable additional provisions in KCSWDM 1.2.8.1(B & C) - Target Surfaces, also apply. b. See KCSWDM for pervious surface requirements. c. Exemptions identified in 1.2.8 of the KCSWDM do not apply to redevelopment. 2. New Development a. See KCSWDM for both impervious and pervious surface requirements The following item replaces the identified section of the KCSWDM: 1.4 Adjustment Process - See FWRC Section 16.30.020 through 16.30.070. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 10 of 23 Chapter 2: Drainage Plan Submittal The following items amend the identified sections of the KCSWDM: 2.3.1.1 TIR Section 3, Scope of Analysis: Task 2. Resource Review - Maps of the City's sensitive areas, drainage basins, streams, topography, zoning, survey control points, Flow Control Applications, Water Quality Applications, and more are available on the City's website at www.cityoffederalway.com, through the City's Public Works Development Services Division and through the City's Community Development Planning Division. For information on existing drainage complaints and conditions within the city, as -built drawings, and Technical Information Reports, please contact the Surface Water Management Engineering Technician at 253.835.2754. 2.3.1.2. Site Improvement Plan Vertical Datum - KCAS or NGVD-29. General Plan Format - Refer to City of Federal Way Development Standards Manual, Construction Checklist. Plan Sheet Size — Is no longer relevant the City of Federal Way now only accepts electronic submittal (Blue Beam, AutoCad or PDF). Drawing Scale - Refer to City of Federal Way Development Standards Manual. 2.4.2 Final Corrected Plan Submittal Engineering Plan Review - Upon completion of the engineering review process, the final engineering plans shall be provided for Public Works Department approval and signature. As -built Drawings - As -built drawings are required at the conclusion of the project, prior to release of the performance bond. All as -built drawings shall be prepared by a land surveyor licensed in the State of Washington and shall conform to all state and local statutes. See Development Standards Manual, As -built Review Checklist, for details. Chapter 3: Hvdrologic Analysis & Design The following items amend the identified sections of the KCSWDM: 3.1.2 Low Impact Development (LID) Performance Standard — Low Impact Development is the required approach to site development and all permitted projects must demonstrate compliance with the LID Performance Standard as outlined in Section 1.2.9.4. If infiltration is proposed, testing must be completed as outlined in the Manual. For all projects less than 5 acres, the pre-engineered BMPs in Appendix #C of the KCSWDM may be used instead of modeling. In the event that LID BMPs cannot be utilized for a specific site given site limitations, the applicant may demonstrate why the BMPs within Appendix #C are not suitable, for either the whole or a part of the site, the City may then allow use of non -LID BMP infrastructure to meet the Core Requirements. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 11 of 23 1.2.9.1.11 & 3.1.2 Where the LID Standard is Required — The Low Impact Development Standard outlined in Section 1.2.9.LB is required for all projects where permits are required in accordance with the amended Section 3.1.2. Chapter 6: Water Ouality Design The following item amends the identified sections of the KCSWDM: 6.7.2 King County Requirements — The City of Federal Way accepts proprietary water quality facilities that have been granted General Use Level Designation (GULD) approval for Enhanced Basic treatment by the Washington State Department of Ecology (WADOE). This only applies to facilities that are to be privately owned and maintained. For facilities that are to be dedicated to the City, the applicant is required to apply for an adjustment as outlined in FWRC Section 16.30. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 12 of 23 Section 3: Code Reference Table: King County Code is referenced in many places throughout the KCSWDM. The following table identifies these code references and equivalent city code where applicable: King County Code to Federal Way Revised Code WRC Reference Table King County Code FWRC Reference Subject of Reference Equivalent Comment KCC 2.98 Adoption Procedures 16.05.290 Critical Drainage Areas, adoption KCC 2.98 procedures Not applicable Surface Water, Stormwater and CFW does not have a groundwater Title 9 Groundwater Management Title 16 protection management program Surface Water Run-off Policy: KCC 9.04 Variances 16.30 See Adjustments Definitions: Targeted Drainage KCC 9.04.030 Review / abbreviated evaluation 16.25.020 See Drainage Review KCC 9.04.030 Drainage Review 16.25.020 KCC 9.04.030 Large Project Drainage Review 16.25.020 KCC 9.04.050 Drainage Review - Requirements 16.25.020 Engineering plans for the purposes See Development KCC 9.04.070 of drainage review Standards Construction timing and final See Development KCC 9.04.090 approval Standards KCC 9.04.100 Liability Insurance Required 16.25.030 Drainage facilities accepted by King KCC 9.04.115 Count for maintenance 16.35 Drainage facilities not accepted by KCC 9.04.120 King County for maintenance 16.35 KCC 9.12 Water Quality 16.20 & 16.45 Water Quality: Prohibited KCC 9.12.025 discharges 16.50.020 Water Quality: Stormwater Pollution Prevention Manual KCC 9.12 Ado tion 16.20.10 KCC 9.04 & 16.82 Erosion and Sediment Control 16.25.10.1.e Clearing and Grading Code: Bridge The City follows WSDOT and KCC 16.82 Design No Equivalent King County Standards City of Federal Way uses both Clearing and Grading Code: Chapter 19.120 and Appendix J of KCC 16.82 Clearing Limit 19.120 the International Building Code. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 13 of 25 K. ng County Code to Federal WayRevised Code (FWRC) Reference Table King County Code Reference Subject of Reference FWRC Equivalent Comment Erosion and sediment control The City follows the King KCC standards: Seasonal limitation County standards manuals per 16.82.095(A) period No Equivalent Code Section 16.20.010 The City follows the King KCC Grading Standards: Preservation County standards manuals per 16.82.100(F) of Duff Layer No Equivalent Code Section 16.20.010 The City follows the King KCC Grading Standards: Soil County standards manuals per 16.82.100 G Amendments No Equivalent Code Section 16.20.010 Clearing standards for individual FWRC does not contain rural KCC 16.82.150 lots in the rural zone Not applicable zoning classification KCC 20.20 Land Use Review Procedures Title 19 This KCC section has multiple references to other KCC Sections regarding Critical Aquifer KCC 21A.244 Critical Aquifer Recharge Area 19.145.450 -Recharge Areas KCC 21A.24 Critical Areas Requirements 19.145 The requirements vary by Zoning KCC On -site recreation - space District. Refer to the applicable 21A.14.180 required Title 19 District. Critical Areas Code: 100 year KCC 21A.24 flood lain 19.142 KCC Critical Areas Code: Building 21A.24.200 Setbacks 19.145 The City follows the King KCC Critical Areas Code: Channel County standards manuals per 21A.24.275 Migration Zone No Equivalent Code Section 16.20.010 Critical Areas Code: Definition: KCC 21 A.06 Stream 19.05.190 Critical Areas Code: Definition KCC 21A.24 Wetlands 19.05.230 Critical Areas Code: Fish Passage KCC 21A.24 Requirements 19.145.390 Critical Areas Code: Flood KCC 21A.24 Hazard Area Regulations 19.142 Critical Areas Code: KCC 21A.24 Flood lain/Floodwa Delineation 19.142.160 King County Code to Federal Way Revised Code (FWRC) Reference Table City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 14 of 23 King County Code Reference Subject of Reference FWRC Equivalent Comment Critical Areas Code: Floodplain KCC 21A.24 Data 19.142.050 Critical Areas Code: Flood The City follows the King KCC 21A.24 Protection facility No Equivalent County standards Critical Areas Code: Notice on KCC 21A.24 Title 19.145.170 Critical Areas Code: Regulation KCC 21A.24 of Wetlands 19.145.410 Critical Areas Code: zero -rise and The City follows the King KCC 21A.24 compensatory storage provisions No Equivalent County standards Definitions: Critical Area KCC 21A.24 Ordinance (CAO) 19.145 The City does not have Farm KCC 21A.24 Farm Management Plans No Equivalent Management Plan requirements Floodplain Development The City follows WSDOT and KCC 21A.24 Standards: Bridges No Equivalent King County Standards Notice on Title: Erosion Hazard KCC 21A.24 Area 19.145.170 Rural Stewardship Plan or Farm The City does not have Rural KCC 21A.24 Management Plan No Equivalent Stewardship Plan requirements The City does not have a broad definition, instead each specific KCC 21A.24 Critical Areas 14.05 & 19.05 area is defined separately Critical areas can be placed in a KCC 21A.24 Critical Area Tract 18.55.060, 19.145 conservation open Race tract KCC 21A.24.100 Critical Area Review 19.145 KCC 21A.24.110 Critical Area Reports 19.145.080 KCC 21A.24.170 Notice on Title 19.145.170 KCC Floodplain and Flood Hazard 21A.24.230 Areas 19.142 KCC 21A.24.270 Notice on Title 19.145.170 KCC Channel migration zone The City follows the King 21A.24.275 development standards No Equivalent County standards City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 15 of 23 Ying County Code to Federal Way Revised Code (FWRC) Reference Table King County Code FWRC Reference Subject of Reference E uivalent Comment The City does not have one code section that lists all of the property specific development standards or overlays, instead they are contained Property specific development throughout code based on land use KCC 21A.38 standards/special district overlays No Equivalent and property characteristics KCC 23.20 Code Compliance: Citations 1.15 Code Compliance: Notice and KCC 23.24 Orders 1.15.040 Code Compliance: Stop Work KCC 23.28 Orders 1.15.030 FWRC does not contain an KCC 23.40 Code Compliance: Liens Not applicable equivalent requirement Shoreline Management: Bridge The City follows WSDOT and KCC 21A.25 Design No Equivalent King County Standards City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 16 of 25 Section 4: Reference Materials: Cited Federal Way Revised Code The following are applicable excerpts from the City of Federal Way Revised Code and provided for convenience. In the event of discrepancies or subsequent code updates, the adopted City code governs. 16.05.180 R definitions. "Redevelopment" For the purposes of determining water quality review requirements "redevelopment" -means, a project that proposes to add, replace, or modify impervious surface (for purposes other than a residential subdivision or maintenance) on a site that is already substantially developed in a manner consistent with its current zoning, or with a legal nonconforming use, or has an existing impervious surface coverage of 35 percent or more. Water quality for the entire subject property must be brought into compliance with FWRC Title 16, where the proposed redevelopment meets or exceeds the thresholds set forth, and shall be done in accordance with the approved King County, Washington Surface Water Design Manual or equivalent, as amended. (FWRC 19.30.120) For the purposes of determining flow control and other stormwater review requirements, the definition of "redevelopment project" identified in the KCSWDM applies. 16.15.010 Regulated activities. The following projects or activities are subject to the provisions of this title, unless exempted in FWRC 16.15.020: (1) Single-family residential; or (2) Projects that add 2,000 square feet or more of new impervious surface, replaced impervious surface or new plus replaced impervious surface; or (3) Projects that propose 7,000 square feet or more of land disturbing activity; or (4) Projects that propose to construct or modify a drainage pipe/ditch that is 12 inches or more in size/depth, or receives surface and stormwater runoff from a drainage pipe/ditch that is 12 inches or more in size/depth; or (5) Collection and concentration of surface and stormwater runoff from a drainage area of more than 5,000 square feet; or (6) Projects which contain, are adjacent to or directly discharge to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area, or a receiving water with a documented water quality problem as determined by the Public Works Director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; or (7) Projects that involve a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s) " means a pollutant that was not discharged at that City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 17 of 23 location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; or (8) Projects other than normal maintenance or other than tenant improvements, but including any increase in gross floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement; or (9) Project proposing $100,000 or more of improvements to an existing high use site. [Note: the dollar amount indicated can be adjusted based on the consumer price index as identified in the KCSWDM in section 1.1.1.1 Redevelopment projects that are subject to water quality improvements may phase construction of the improvements as described in FWRC 19.30.120, Non -conforming water quality. 16.15.020 Exemptions. The following activities are exempt from the provisions of this title: (1) Commercial agriculture, and forest practices regulated under WAC Title 222, except for Class IV General Forest Practices that are conversions from timber land to other uses; and (2) Development undertaken by the Washington State Department of Transportation in state highway rights -of -way is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program. All other new development and redevelopment is subject to the requirements of this title. 19.30.120 Nonconforming water quality improvements. This section sets forth the standards when and under what circumstances a subject property that does not conform to the development regulations in FWRC Title 16 relating to water quality must be brought into compliance. (1) Redevelopment. For the purposes of this section, "redevelop" or "redevelopment" means a project that proposes to add, replace, or modify impervious surface (for purposes other than a residential subdivision or maintenance) on a site that is already substantially developed in a manner consistent with its current zoning, or with a legal nonconforming use, or has an existing impervious surface coverage of 35 percent or more. Water quality for the entire subject property must be brought into compliance with FWRC Title 16, where the proposed redevelopment meets or exceeds the thresholds set forth below pursuant to this chapter, and shall be done in accordance with the approved King County, Washington Surface Water Design Manual or equivalent, as amended. (a) Redevelopment which involves the creation or addition of impervious surfaces having an area of 5,000 square feet or more; (b) Redevelopment which involves the construction or replacement of a building footprint or other structure having a surface area of 5,000 square feet or more, or which involves the expansion of a building footprint or other structure by 5,000 square feet of surface area or more; City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 18 of 23 (c) Redevelopment which involves the repair or replacement of 5,000 square feet or more of an impervious surface, when such redevelopment is not part of a routine maintenance activity; (d) Redevelopment which involves the collection and/or concentration of surface and/or stormwater runoff from a drainage area of 5,000 square feet or more; (e) Redevelopment which contains or directly discharges to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area determined by the Public Works Director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the Public Works Director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; (f) Redevelopment which involves a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s) " means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; (g) Redevelopment, other than normal maintenance or other than the tenant improvements, but including any increase in gross floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement being redeveloped. The appraisal must be from a state -certified general appraiser. For purposes of determining value under this section, improvements required pursuant to FWRC 19.30.090 (nonconforming development), 19.30.110 (street/sidewalk improvements), this section (nonconforming water quality improvements) and FWRC 19.135.030 (street/sidewalk improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection; (h) Redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem, as determined by the Public Works Director based on a map, plan, water quality monitoring data or a written policy in existence or implemented by the Public Works Director prior to submission of a redevelopment application determined to trigger application of this subsection, where the Public Works Director determines that the redevelopment requires additional specific controls to address the documented water quality problem. (2) Timing. All improvements required by this section shall be constructed or installed concurrent with the redevelopment triggering application of this section, unless an applicant for redevelopment opts to pursue incremental construction of required improvements. In that event, the applicant shall develop and submit to the Public Works Director a stormwater management plan detailing all of the improvements required by this section, and proceed according to the following subsections: (a) Extent of construction of required water quality improvements. Where the Public Works Director determines that incremental construction is physically feasible, the applicant shall construct that portion of the required improvements according to the following schedule: City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 19 of 23 % of Redevelopment % of Water Quality Improvements 0-24 25 25 — 49 50 >50 1100 Where construction of 100 percent of water quality improvements is required under this subsection, the improvements may be constructed over a period extending no more than five years from the date of approval of the redevelopment. A person choosing to utilize such extended construction shall provide, prior to approval of the stormwater management plan, a performance bond and bond agreement that: (i) Have a term equal to the construction schedule proposed in the plan; and (ii) Comply with the applicable requirements of Chapter 19.25 FWRC, as amended. (b) Incremental construction not feasible. Where the Public Works Director determines that incremental construction is not physically feasible, 100 percent of the required water quality improvements must be installed, concurrent with the redevelopment. (c) Calculation of redevelopment value. For purposes of calculating the value of redevelopment in order to apply subsection (2)(a) of this section, the Public Works Director shall consider the cost of the proposed redevelopment as a percentage of the assessed or appraised value of all structures on the subject property. The appraisal must be from a state -certified real estate appraiser. (d) Subsequent redevelopment. Whenever any person seeks approval for redevelopment on property for which incremental construction of required water quality improvements was previously authorized pursuant to this subsection (2), any additional water quality improvements to be required shall be determined by application of the schedule in subsection (2)(a) of this section based on the stormwater management plan prepared as part of the first request for authorization of incremental construction. If water quality requirements have changed since preparation of the initial stormwater management plan, a new plan shall be prepared detailing improvements required to comply with any existing and new requirements, and the schedule in subsection (2)(a) of this section shall also be applied to the new plan. (3) Location of water quality improvements. A person proposing redevelopment on a property or site having a Federal Way comprehensive plan designation of CC-F (city center frame) or CC-C (city center core) may construct water quality facilities required by this section below grade. 19.120.030 Exemptions. Nothing in this section shall be interpreted to allow clearing, grading, and/or the removal of trees or other vegetation within sensitive areas or sensitive area buffers where prohibited under FWRC Title 19, Division IV, Critical Areas, or in designated native growth protection areas. Clearing and grading activities are also subject to review under Appendix Chapter J of the International Building Code. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 20 of 23 The following actions shall be exempt from the provisions of this article: (1) Digging and filling for cemetery graves. (2) Clearing and grading in a right-of-way authorized in writing by the director of the department of public works for pothole and square cut patching; overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage; shoulder grading; reshaping/regrading drainage systems; crack sealing; resurfacing with in -kind material without expanding the road prism; and vegetation maintenance. (3) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay where a permit has been issued by the State Department of Natural Resources. (4) Exploratory excavations under the direction of a professional engineer licensed in the state; provided, that the extent of the clearing and grading does not exceed the minimum necessary to obtain the desired information. (5) Normal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right-of-way. (6) Excavations for utility service connections to serve existing and/or new structures and that is outside any area that is within the jurisdiction of Chapter 19.145 FWRC. (7) Actions which must be undertaken immediately, or within a time too short to allow for compliance with the requirements of this article, to avoid an imminent threat to public health or safety; to prevent an imminent danger to public or private property; or to prevent an imminent threat of serious environmental degradation. This determination will be made by the Public Works Director. (8) Clearing and grading actions that are an integral part of an ongoing agricultural or horticultural use on the subject property. (9) Tree and vegetation removal actions conducted on a residential lot that contains a detached dwelling unit together with any contiguous lots under the same ownership that are being maintained for the use and enjoyment of the homeowner that comply with the following criteria: (a) Any trees or vegetation removed must be outside any area that is within the jurisdiction of Chapter 19.145 FWRC. (b) No trees or vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code. (c) Tree and vegetation removal will not change the points where the stormwater or groundwater enters or exits the subject property and will not change the quality, or velocity of stormwater or groundwater. (d) Trees with a diameter at breast height (DBH) of up to six inches and vegetation may be removed without city review and approval if criteria (9)(a) through (c) of this section are met. (e) Trees with a DBH of six inches or greater may be removed subject to the minimum tree units per acre standard established by Table 19.120.130-1 and subject to criteria (9)(a) through (c) of this section. (f) Removal of trees with a DBH of six inches or greater that will result in the subject property falling below the minimum tree units per acre standard per Table 19.120.130-1 shall require planting of replacement trees as necessary to meet the City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 21 of 23 minimum tree units per acre standard, or the existing tree units per acre represented by the trees proposed for removal, whichever is less. (g) Hazard trees and nuisance vegetation may be removed without city review and approval if criteria (9)(a) through (c) of this section are met. (10) Clearing and grading actions that comply with all of the following criteria: (a) The subject property contains a permanent building or an active use. (b) The clearing or grading activity will not change the points where the stormwater or groundwater enters or exits the subject property, and will not change the quality or velocity of stormwater or groundwater. (c) The clearing or grading activity is outside any area that is within the jurisdiction of Chapter 19.145 FWRC. (d) Grading, filling, and excavation totals less than 100 cubic yards. Quantities of excavation and fill are calculated separately and then added together to determine total excavation and fill. (e) No trees or vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code. (11) Routine maintenance of trees and vegetation necessary to maintain the health of cultivated plants. Topping of trees as defined in Chapter 19.05 FWRC is considered tree removal, not maintenance. (12) Removal of overhanging vegetation and fire hazards, or removal of invasive species, hazard trees, nuisance vegetation, or dead, dangerous, or diseased trees when authorized by the director or his/her designee. (13) Removal of trees in easements and rights -of -way for the purposes of constructing public streets and utilities. Protection of trees shall be a major factor in the location, design, construction, and maintenance of streets and utilities. These activities are subject to the purpose and intent of this article. (14) Removal of trees on sites zoned city center core (CC-C) and city center frame (CC-F). City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 22 of 23 Section 5: Mapping: The City of Federal Way equivalents to the Flow Control Applications Map and the Water Quality Applications Map are attached, as periodically updated. The current versions of the maps are available from the Public Works Department. The City's equivalent to the County Landslide Hazard Drainage Areas Map is the City Sensitive/Critical Areas Map available from the Community Development Planning Division. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 23 of 23 COUNCIL MEETING DATE: October 19, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION — MIRROR LAKE HIGHLAND PLAT ALTERATION POLICY QUESTION: Should the City Council adopt a resolution approving the Mirror Lake Highland Plat Alteration application (City File No.21-102213-SU)? COMMITTEE: Land Use/Transportation MEETING DATE: October 4, 2021 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business N Resolution ❑ Other STAFF REPORT BY: Jim Harris, Senior Planner DEPT: Community Development Attachments: 1. Staff Summary Memorandum. 2. Resolution. 3. Hearing Examiner August 25, 2021, Findings of Fact, Conclusions of Law, and Recommendation. 4. August 4, 2021, Staff Report to Hearing Examiner with Attachments. Options Considered: 1. Approve proposed resolution. 2. Modify the plat alteration and approve as modified. 3. Do not approve proposed resolution. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: / 7 DIRECTOR APPROVAL: Co mittcc Cau i] , initisilIltite ini *Date Initial tc COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the October 19, 2021, consent agenda for approval. Greg Baruso, Committee Chair Hoang Tran, Committee Member Martin Moore, Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading © MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # A;k CITY OF Federal Way CITY OF FEDERAL WAY MEMORANDUM DATE: September 22, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jim Harris, Senior Planner Brian Davis, Director of Community Development,�� SUBJECT: Mirror Lake Highland Plat Alteration Application FINANCIAL IMPACTS Not applicable. BACKGROUND INFORMATION Mirror Lake Highland LLC requests approval of a plat alteration to remove a condition of plat approval on its 16-lot cottage housing subdivision that requires it to construct two affordable units. The plat is generally located at 604 SW 312th Street. The applicant agreed to construct the two affordable housing units in 2008 as part of its preliminary plat approval to qualify for a density bonus authorizing 16 dwelling units instead of 12 for the project site. The affordable housing density bonus was repealed by the City Council on November 4, 2020, by City Council Ordinance No 20-899. That repeal also changed the maximum dwelling unit count for a cottage housing plat from 12 to 16 units. Under current city regulations, the applicant would be allowed to develop its project site into a 16-unit cottage housing plat without a density bonus. On August 11, 2021, the Hearing Examiner held a public hearing on the proposed plat alteration. The Hearing Examiner recommended the City Council approve the proposed plat alteration as described in his August 25, 2021, Findings of Fact, Conclusions of Law, and Recommendation. RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, approving the Mirror Lake Highland Plat Alteration Application, Federal Way, Washington, File No. 21-102213-SU. WHEREAS, the Mirror Lake Highland preliminary plat (file 07-106874-SU) was approved by the City of Federal Way ("City") on November 4, 2008, and the Mirror Lake Highland final plat (file 18-104198-SU) was approved by the City Council on January 15, 2019, via City Council Resolution 19-748; and WHEREAS, at the time the Mirror Lake Highland preliminary plat application and the final plat application were approved by the City, Federal Way Revised Code ("FWRC") 19.250.150 provided for an affordable housing density bonus applicable to the Mirror Lake Highland cottage housing development ("CHD"); and WHEREAS, FWRC 19.250.150 was titled: "Affordable housing bonus in RS zoning classifications", and stated in relevant part: "In the RS zones, CHDs that include affordable units may exceed the base level of 12 dwelling units up to a total of] 6 dwelling units (assuming adequate overall lot size). One-half of all dwelling units over the base level of 12 must be affordable (for example, a total of four additional dwelling units may be permitted if two of these are affordable)'; and WHEREAS, pursuant to the version of FWRC 19.250.150 in effect at the time of preliminary and final plat approval, a note ("Note 5") was placed on the Mirror Lake Highland final plat map implementing FWRC 19.250.150 and requiring affordable housing on lots 7 and 13; and WHEREAS, Note 5 provides: "Affordable Housing Lots — Lots 7 and 13 are designated as affordable housing units per City of Federal Way Cottage Housing Ordinance, Federal Way Revised Resolution No. 21- Page I of 4 Rev 1/21 Code Chapter 19.250, Section 19.250.150. The affordable housing sales covenant, as approved by the City, shall be in force for 15 years from initial occupancy."; and WHEREAS, City Council Ordinance 20-899 approved by the City Council on November 4, 2020, repealed FWRC 19.250.150 and the associated affordable housing density bonus provision in its entirety, and changed the maximum unit count for a CHP from 12 to 16 units; and WHEREAS, following City Council adoption of Ordinance 20-899, the original applicant and the majority of current owners of lots in Mirror Lake Highland Plat submitted a plat alteration application, City File No. 21-102213-SU ("Application") pursuant to FWRC 18.45.020 seeking to eliminate the affordable housing requirement on lots 7 and 13 contained in Note 5; and WHEREAS, elimination of Note 5 on the final plat, if approved, would allow lots 7 and 13 to be developed and sold without an affordable housing requirement; and WHEREAS, the Application is consistent with FWRC Ordinance 20-899, which repealed the previously existing affordable housing bonus and changed the maximum unit count for a CHD from 12 to 16 units; and WHEREAS, no other portions of the FWRC require any designated affordable housing lots in a 16-lot single family plat; and WHEREAS, on August 11, 2021, the Federal Way Hearing Examiner ("Hearing Examiner") conducted a properly noticed public hearing on the Application; and WHEREAS, on August 25, 2021, the Hearing Examiner issued Findings of Fact, Conclusions of Law, and Recommendation of the Federal Way Hearing Examiner ("Hearing Examiner Recommendation") on the Application, which is hereby incorporated by reference as though set forth in full; and Resolution No. 21- Page 2 of 4 Rev 1/21 WHEREAS, on October 4, 2021, the City Council Land Use and Transportation Committee reviewed and considered the Application and the Hearing Examiner Recommendation; and WHEREAS, on October 19, 2021, the Federal Way City Council reviewed and considered the Application and the Hearing Examiner Recommendation. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Application Approval. The Mirror Lake Highland Plat Alteration Application, City of Federal Way File No. 21-102213-SU, is approved based upon the Hearing Examiner Recommendation as incorporated herein. Section 2. Recording. The approved and signed altered plat together with all legal instruments pertaining thereto, as required by all applicable codes, shall be recorded with the King County Recorder's Office. The applicant shall pay all recording fees. Section 3; Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/ clerical errors, references, resolution numbering, section/subsection numbers, and any references thereto. Section S. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Resolution No. 21- Page 3 of 4 Rev 1/21 Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2021. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 21- Page 4 of 4 Rev 1/21 BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY Phil Olbrechts, Hearing Examiner RE- Mirror Lake -Highland Plat Alteration No. 21-102213-SU FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION INTRODUCTION Mirror Lake Highland LLC requests approval of a plat alteration to remove a covenant on its 16-lot cottage housing subdivision that requires it to construct two affordable housing units. The plat is generally located at 604 SW 312th Street. It is recommended that the City Council approve the plat alteration. The Applicant agreed to construct the two affordable housing units in 2008 as part of its preliminary plat approval to qualify for a density bonus authorizing 16 dwelling units instead of 12 for the project site. The affordable housing density bonus was repealed by the City Council on November 4, 2020 by Ordinance No. 20-899. That repeal also changed the maximum dwelling unit count per cluster of cottage housing lots from 12 units to 16 units. Under current regulations, the Applicant would be allowed to develop its project site into a 16-unit cottage housing cluster without a density bonus. ORAL TESTIMONY A computer -generated transcript has been prepared of the hearing to provide an overview of the hearing testimony. The transcript is provided for informational purposes only as Appendix A. EXHIBITS The City's August 4, 2021 Staff Report with Attachments A-F were admitted during the hearing as Exhibit 1. The City's PowerPoint Presentation was admitted as Ex. 2. FINDINGS OF FACT Procedural: 1. Applicant. The Applicant is Bill McCaffrey, Mirror Lake Highland LLC, 30929 37th Place SW Federal Way, WA 98023. bill@thenexusstudio.com 2. Hearing. The Hearing Examiner conducted a virtual public hearing on the application at 10:00 am, August 11, 2021, Zoom Meeting ID No. 877 853 5247. Plat Alteration -- 1 Substantive: 3. Proposal and Site Description. Mirror Lake Highland LLC requests approval of a plat alteration to remove a covenant on its 16-lot cottage housing subdivision requiring it to construct two homes as affordable housing. The plat is generally located at 604 SW 312th Street_ More specifically, the Applicant requests removal of Note 5 on Sheet 2 of the Mirror Lake Final Plat, which provides as follows: Affordable Housing Lots — Lots 7 and 13 are designated as affordable housing units per City of Federal Way Cottage Housing Ordinance, Federal Way Revised Code Chapter 19.250, Section 19.250.150. The affordable housing sales covenant, as approved by the City, shall be in force for 15 years from initial occupancy. Mirror Lake Highland is a recorded 16-lot single-family residential subdivision for a cottage housing project on approximately 1.85 acres. The City Council approved the preliminary plat application for the subdivision in 2008 and the final plat in 2019. A cottage or compact single-family residence has been constructed on each of the 16 lots in the Mirror Lake Highland Plat except for the two affordable housing lots. FWRC 19.05.030(C), defines cottage housing development (CHD) as a residential lot development consisting of clusters of between 4 and 16 detached dwelling units that include cottages and may include compact single- family units. The compact single-family units are subject to maximum size limits. The CHID regulations also include open space and architectural design standards. Cottage home developments are restricted in square footage but are allowed at roughly twice the density permitted by the underlying zone. The homes are characterized by home orientation to a shared central open space. At the time of the CHD review and approval, the FWRC limited CHD clusters to 12 units with the option to increase them to 16 units with an affordable housing density bonus. The two Mirror Lake affordable housing units at issue were proposed to increase the number of authorized units from 12 to 16. The City Council repealed the CHD density bonus, FWRC 19.250.150, by adoption of Ordinance No. 20-899 on November 4, 2020. Ordinance No. 20-899 also increased the maximum number of units per CHD cluster without a density bonus from 12 to 16 by amendment of FWRC 19.250.030(1)(b). Under FWRC 19.250.030(1)(b) as currently applicable, the Applicant would be allowed to divide the project site into 16 lots without an affordable housing density bonus. 4. Characteristics of the Surrounding Area. All surrounding uses are zoned RS 7.2 with Lake Grove Elementary located to the east. 5. Adverse Impacts/Adequacy of Infrastructure. There are no significant adverse environmental impacts associated with the proposal. The proposal involves no alteration to plat design or any plat associated improvements or any change in demand upon public services. As confirmed by staff in the staff report, for these reasons the removal of the affordable housing note will have no impact on suaound ewes, the . Plat Alteration -- 2 CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner: FWRC 18.45.050 and .060 authorizes the hearing examiner to hold a hearing and snake a recounnendation to the City Council on applications for plat alterations. Substantive: 2. Zoning Designation: RS 7.2. 3. Review Criteria and Application. FWRC 18.45.050(2) and (3) govern the standards for plat alteration review. The proposed plat alteration is consistent with those standards. The FWRC 18.45.050 standards are too numerous to quote with any significant utility. In general, with one exception discussed below, the standards regulate plat design and infrastructure improvements. An important issue regarding application of those standards is whether the standards only apply to the portion of the plat that is being altered or whether they apply to the plat as a whole. Arguably, the standards apply to the plat as a whole because otherwise the Applicant could be engaging in selective vesting. Selective vesting is applying some regulations that have vested along -with a permit application and then waiving vesting as to other regulations that were amended after vesting. Selective vesting is prohibited by the courts because it enables developers to cobble together a set of development standards that were never intended to be collectively applied by the City Council. See Reclamation Co. v. Bjornsen, 125 Wn. App. 432 (2005)1. In this case, the Applicant would clearly be engaged in selective vesting if the Council hadn't adopted Ordinance No. 20-899 to increase the maximum number of lots per CHD cluster from 12 to 16 without an affordable housing bonus. If the maximum were still set at 12, approval of the plat alteration would enable the Applicant to develop 16 lots in a CHD cluster when no set of regulations concurrently in place would allow that many lots without an affordable housing bonus. Fortunately for the Applicant, there is no selective vesting occurring for this proposal. This is because (1) the number of lots per CHD cluster has been increased from 12 to 16 by Ordinance No. 20-899; and (2) beyond the CHD amendments previously discussed, the City's subdivision standards have not materially changed since the Mirror Lake plat vested sometime after 20062. Only three applicable plat alteration standards have been amended since the vesting of Mirror Lake — FWRC 18.60.050, 18.60.080 and 19.135.251. FWRC 18.60.050 and 18.60.080 "encourage" the use of low impact development techniques for street and stormwater ' Bjarnson dealt with a developer who used the vesting date of its application to apply some vested standards and then applied subsequently adopted standards for the same permit review. The circumstances of this application are slightly different, as the Applicant is mixing applicable standards between two applications (preliminary plat and plat alteration) as opposed to one. However, the applicable principle is still the same. As in Bjarnson, the Applicant of this case should not be allowed to mix applicable standards by applying those that applied for its preliminary plat application in 2009 and then adding newly adopted standards in the current application. Z The staff report notes that the City's cottage housing regulations were adopted in 2006, which would be Ordinance No. 06-533. Ordinance No. 06-533 had an effective date of September 28, 2006. This means that the Applicant's preliminary plat application had to vest after September 28, 2006 to take advantage of the ordinance. Plat Alteration -- 3 improvements. Since the requirements are not mandatory and the CHD design already incorporates LID features such as pervious driveways and rain gardens, that standard would likely have been met if applied during the Mirror Lake preliminary plat review. The third standard, FWRC 19.135.251 requires the creation of a street network with block perimeters not exceeding 2,640 feet. This requirement does not apply if adjacent development is not conducive to this block pattern. In this case the Applicant would be required to at least install an east -west road stub to comply with the block perimeter requirement. However, adjacent development is not conductive to such a connection. The development to the west is already fully developed without any available area for a stub connection and the lot adjoining the entirety of the eastern border is similarly fully developed with a church and no available road connection. Since Mirror Lake was found to be consistent with all applicable subdivision standards when it was approved in 2008 and those standards have not materially changed since then, it can be concluded that the plat still conforms to those standards. Beyond compliance with City subdivision design and infrastructure standards, the plat alteration review criteria of FWRC 18.45.050 also requires consistency with RCW 58.17.110. RCW 58.17.110 focuses upon generally requiring that subdivisions be served by adequate infrastructure. However, it also includes the requirement that "[ajppropriate provisions are made for the public health, safeo� and general welfare..." The loss of affordable housing units is relevant to this criterion, i.e. is the loss of two affordable housing units caused by the proposed plat alteration consistent with public health, safety and welfare? The answer is yes because the Council has legislatively determined in the whereas clauses to Ordinance No. 20-899 (the CHD amendments) that there is a need for medium income housing and that development costs have prevented the development of affordable housing units. Given that the removal of two affordable housing units will open the opportunity for two needed and more feasible medium income units, the loss of those affordable housing units can be construed as consistent with public health, safety and welfare. RECOMMENDATION For the reasons identified in the conclusions of law above, it is recommended that the City Council approve the proposed plat alteration as described in Finding of Fact No. 3 with no conditions. Dated this 251h day of August 2021. PhiA_ Olbrechts Hearing Examiner, City of Federal Way. Plat Alteration -- 4 CITY OF Federal Way COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT TO HEARING EXAMINER MIRROR LAKE HIGHLAND PLAT ALTERATION Federal Way File No. 21-102213-SU Report prepared by Jim Harris, Senior Planner, August 4, 2021 Public Hearing — Wednesday, August 11, 2021-10:00 AM Via Zoom —1 253 215 8782, 1206 337 9723, 213 338 8477 888 788 0099 (Toll Free) or 877 853 5247 (Toll Free) Webinar ID: 964 9364 1243 / Passcode: 999714 httys://cityoffederalway.zoom.ups/i/96493641243?pwd=ZUZSSFZUR2Zzbm5odW4xQ V]kL292dzO9 RECOMMENDATION Approval of the Mirror Lake Highland Plat alteration application to eliminate note 5 on sheet 2 is recommended (Exhibit A — Plat Alteration Application). City of Federal Way staff has reviewed the plat alteration application and find it complies with the Federal Way Revised Code (FWRC). II SUMMARY Meeting Date: Hearing Examiner Public Hearing; August 11, 2021; 10:00 AM. Plat Location: The proposal pertains to the entire Mirror Lake Highland final plat located generally at 604 SW 312`l' Street, Federal Way, WA; King County parcel's 555790-0010; -0020; - 0030; -0040; -0050; -0060; -0070; -0080; -0090; -0100; -0110; -0120; -0130; -0140; - 0150; & -0160. Application Description: Application to alter/revise the recorded Mirror Lake Highland Plat to eliminate note 5 on sheet 2 of the recorded plat that references an affordable housing requirement on lots 7 and 13 (Exhibit B — Mirror Lake Highland Plat Alteration / Amendment Map). Specifically, the application is to remove the plat note which states: "Affordable Housing Lots — Lots 7 and 13 are designated as affordable housing units per City of Federal Way Cottage Housing Ordinance, Federal Way Revised Code Chapter 19.250, Section 19.250.150. The affordable housing sales covenant, as approved by the City, shall be in force for 15 years from initial occupancy. " According to procedures outlined in FWRC 18.45.040, the applicant requests alteration of the recorded final plat to eliminate note 5 on sheet 2 regarding affordable housing. The Hearing Examiner will hold a public hearing on the application, and make a written recommendation to the City Council. The City Council will make the final decision on the application. Staff Report to Hearing Examiner Page 1 of 4 Mirror Lake Highland Plat Alteration File No. 21-102213-SU / Doc. I.D.81561 Mirror Lake Highland is a recorded 16-lot single-family residential subdivision for a cottage housing project on approximately 1.85 acres. The Mirror Lake Highland final plat application was granted approval by the Federal Way City Council on January 15, 2019, via City Council Resolution 19-748 (Exhibit Q. Access to Mirror Lake Highland is from the north side of SW 3121' Place onto a new private roadway (6"' Lane SW) within the plat. All required roads, sidewalks, storm drainage facilities, sewer lines, water lines, and related improvements for the project have been constructed, or are financially guaranteed. New single-family residences have been constructed on each of the 16 lots in the Mirror Lake Highland Plat, except lots 7 and 13 are still vacant and undeveloped. Applicant: Bill McCaffrey Mirror Lake Highland LLC 30929 37"' Place SW Federal Way, WA 98023 253-709-8747, bill@,thenexusstudio.com Surveyor: Informed Land Survey Evan Wahlstrom PO Box 5137 Tacoma, WA 98415 Water: Lakehaven Water and Sewer District Sewer: Lakehaven Water and Sewer District Fire District: South King Fire and Rescue School District: Federal Way Public Schools III HISTORY AND BACKGROUND i LiMYi i Mil�l�ol� JJ N Lake A Federal Way Comprehensive Plan (FWCP) and zoning designation for the subject property are Single Family High Density Residential and RS 7.2, respectively. The Mirror Lake Highland Plat is a cottage housing project as discussed below. Cottage Housing — In 2006, the Federal Way City Council adopted a cottage housing ordinance, which authorized cottage housing on a demonstration project basis. FWRC 19.05.030(C), defines cottage housing development (CHD) as a residential lot development consisting of clusters of between 4 and 16 detached dwelling units that include cottages and may include compact single-family (CSF) units that meet specific criteria that limit the size of the building, and contain requirements for common open space and specific architectural design standards. Cottage homes are restricted in square footage but are allowed at roughly twice the density permitted by the underlying zone, are single-family ownership homes, and are characterized by home orientation to a shared central open space. At the time of the CHD review and approval, the FWRC included an affordable housing bonus that allowed a CHD to exceed the base level of 12 dwelling units up to a total of 16 dwellings, provided one- half of all dwelling units over the base level of 12 were designated for affordable housing. For the Mirror Lake Highland Plat, 16-lots were approved, subject to two of the lots being for affordable housing. Staff Report to Hearing Examiner Page 2 of 4 Mirror Lake Highland Plat Alteration File No. 21-102213-SU / Doc. I.D.81561 Preliminary Plat — The 16-lot Mirror Lake Highland Preliminary Plat was granted approval by the Federal Way City Council on November 4, 2008, per Resolution 08-535. The 1.85-acre subdivision includes tracts for storm drainage, lot access, landscaping, and open space/common areas. Final Plat — The 16-lot final plat of Mirror Lake Highland was approved by the City Council on January 15, 2019, via City Council Resolution 19-748. Home Construction — A cottage or compact single-family residence has been constructed on each of the 16 lots in the Mirror Lake Highland Plat, except lots 7 and 13 are undeveloped and vacant. IV STATE ENVIRONMENTAL POLICY ACT (SEPA) On July 20, 2021, for the proposed plat alteration, the city issued a SEPA addendum (Exhibit D) to the original SEPA Determination of Nonsignificance (DNS) for the April 16, 2008, preliminary plat application. V FINDINGS OF FACT 1. The applicant and majority of owners of lots in Mirror Lake Highland Plat have applied to alter the recorded plat map to eliminate note 5 on sheet 2 of the recorded final plat map. Note 5 states: "Affordable Housing Lots — Lots 7 and 13 are designated as affordable housing units per City of Federal Way Cottage Housing Ordinance, Federal Way Revised Code Chapter 19.250, Section 19.250.150. The affordable housing sales covenant, as approved by the City, shall be in force for 15 years from initial occupancy. " 2 FWRC Chapter 18.45 governs the alterations of plats. 3. The Mirror Lake Highland final plat was approved by the City Council on January 15, 2019, via City Council Resolution 19-748. As required by FWRC 19.250.150, in effect at the time of preliminary and final plat approval, a note implementing FWRC 19.250.150 requiring affordable housing on lots 7 and 13 was placed on the final plat map. 4. At the time the Mirror Lake Highland preliminary plat application (file 07-106874-SU, November 4, 2008) and the final plat application (18-104198-SU, January 15, 2019) was approved by the City Council, FWRC 19.250.150 regarding affordable housing bonus was in effect and applicable to the Mirror Lake Highland Cottage Housing Plat. FWRC 19.250.150 was titled: Affordable housing bonus in RS zoning classifications. In summary, FWRC 19.250.150 stated in part: In the RS zones, CHD's that include affordable units may exceed the base level of 12 dwelling units up to a total of 16 dwelling units (assuming adequate overall lot size). One-half of all dwelling units over the base level of 12 must be affordable (for example, a total offour additional dwelling units may be permitted if two of these are affordable) " (Exhibit E — Repealed FWRC 19.250.150). 5. City Council Ordinance 20-899 (Exhibit F) approved by the City Council on November 4, 2020, repealed in entirety FWRC 19.250.150 which contained the affordable housing bonus standard for a cottage housing development. 6. Following City Council adoption of Ordinance 20-899, an application was submitted to the city to alter the Mirror Lake Highland Plat, to eliminate the affordable housing requirement on lots 7 and 13 Staff Report to Hearing Examiner Page 3 of 4 Mirror Lake Highland Plat Alteration File No. 21-102213-SU / Doc. I.D.81561 as specified on note 5 sheet 2 of the Mirror Lake Highland recorded plat. Elimination of note 5 on the final plat, if approved, would allow lots 7 and 13 to be developed and sold without an affordable housing requirement. 7. The application to eliminate note 5 on sheet 2 of the Mirror Lake Highland final plat is consistent with current FWRC Ordinance 20-899, which repealed the prior affordable housing bonus in a CHD formerly codified under FWRC19.250.150. No other portions of the FWRC require affordable housing for a 16-lot single family plat. 8. Other than eliminating note 5 on sheet 2 of the Mirror Lake Highland Plat map, no other changes or alterations to the plat are requested or proposed. 9. The plat alteration application is consistent with FWRC 18.45.050(2), as the application does not affect: the land division design; lot design; open space and recreation; and pedestrian and bicycle access. All of these above design requirements were reviewed and approved with the final plat application review and approval by the City Council on January 15, 2019, via Resolution 19-748. 10. The plat alteration application is consistent with FWRC 18.45.050(3), as the application does not affect: street improvements and dedication of rights -of -way and/or easements; density regulations; streets and rights -of -way; water; sewer disposal; storm drainage; other utilities; street lighting; and monuments. All of these above development standards were reviewed and approved with the final plat application review and approval by the City Council on January 15, 2019, via Resolution 19-748. VI CONCLUSION The application to eliminate note 5 on sheet 2 of the Mirror Lake Highland Plat is consistent with the current FWRC. City Council adoption of Ordinance 20-899 eliminated the prior provision for affordable housing bonus units in a CHD. The plat alteration application does not impact and is consistent with the design requirements and development standards in FWRC 18.45.050(2) and (3). City of Federal Way staff have reviewed the plat alteration application and recommend approval of the Mirror Lake Highland Plat alteration to eliminate note 5 from sheet 2, as the application complies with current FWRC based on the findings above. VII EXHIBITS Exhibit A Plat Alteration Application Exhibit B Mirror Lake Highland Plat Alteration / Amendment Map, received June 25, 2021 Exhibit C City Council Resolution 19-748, Approving Mirror Lake Highland Final Plat Exhibit D SEPA Addendum to DNS, July 20, 2021 Exhibit E Repealed FWRC 19.250.150 Exhibit F City Council Ordinance 20-899 repealing FWRC 19.250.150 Staff Report to Hearing Examiner Page 4 of 4 Mirror Lake Highland Plat Alteration File No. 21-102213-SU / Doc. I.D.81561 RECEIVED 6/11/2021 CITY OF FEDERAL WAY 'CO\7MUNIT\'llE\'ELOPM EN'T CITY OF Federal Way APPLICATION NO(S) FILE ID 21-102213-SU Project Name Mirror Lake Highland Property Address/Location Parcel Number(s) Project Description PLEASE PRINT MASTER LAND USE APPLICATION 604 SW 312th St, Federal Way, WA 98023 Mirror Lake Highland Plat DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 8'b Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 w•\\�r.�h\•oficdcral sru\ .s:ssnr Date 6/4/2021 16 single family home residential Plat This plat revision removes Subdivision Note 5 from page 2 of the plat that references the now rescinded affordable housing requirement. Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director's Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI Development Agreement SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision X Subdivision Variance: Commercial/Residential Required Information R-7200 Zoning Designation Cottage HoW*rehensive Plan Designation $1,900,000 Value of Existing Improvements Value of Proposed Improvements International Building Code (IBC): Single Family Residential Occupancy Type V Construction Type Bulletin #003 — February 14, 2019 Applicant Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Bill McCaffrey 30929 37th PL SW Federal Way WA 3-709-8747 Hill@tltenexusstudio.cam bo, • ym Agent (if different than pliant) Name: Same Address: City/State: Zip: Phone: Fax: Email: Signature: Owner Name: See Attached List Address: City/State: Zip: Phone: Fax: Email: Signature: Page 1 of 1 k:\HandoutsWaster LV x i b� W1 11FPAcation Pg1of4 m rV Q1 Q w 0 w w �Z_ w N LI ly d T v K 0 VJ G C s me N E X U S 0-5-udio creating essential environments June 1, 2021 Jim Harris Senior Planner 33325 81" Avenue South Federal Way, WA 98003 RECEIVED 6/11/2021 CITY OF FEDERAL N AV COMMUNITY I1EVF:3dWMPI 7 Re: File No. 18-104198-00-SU Mirror Lake Highland 604 SW 312th Street, Federal way Dear Mr. Harris: Per your request for a narrative request for this proposal by the applicant please note the following. This plat amendment is being submitted because of a City of Federal Way requirement that the Mirror Lake Highland (MLH) Cottage Housing Plat be formally amended to reflect the decision of the City Council on 10/20/2020 that amended the Cottage Housing Ordinance (CHO) Section 19.250.030 to allow a maximum of 16 units and repealed Section 19.25.150 pertaining to affordable housing in its entirety. The Mirror Lake Highland (MLH) plat was preliminarily approved on 11/4/2008. The MLH final plat was approved on 9/26/2019. On 10/20/2020, at the request of Federal Way's planning department, the council approved the above -mentioned amendments to the CHO. Subdivision Note 5, on page 2 of the current MLH plat refers to the now rescinded Section 19.250.150 of the CHO. Absolutely nothing else on the original plat has changed. This request removes Subdivision Note 5 on page 2 of the plat to bring it into compliance with the Planning Department's requested amendment. Best Regards, Bill McCa re President The Nexus Studio Inc. 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ON SHEET 2 OF B, MIRROR LAKE HIGHLAND ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME OF SW 114 OF THE NE 114 OF SECTION 7, T21 N, R 4E, W.M. F PLATS, PAGES 4-11, RECORDS OF KING COUNTY WASHINGTON. CITY OF FEDERAL WAY, KING COUNTY, WA DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED, HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND DO HEREBY DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES, AND ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND TRACTS SHOWN THEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES, AND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO PARKS, OPEN SPACE. UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC IN WHICH CASE WE 00 HEREBY DEDICATE AND CONVEY SUCH STREETS, EASEMENTS, OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED. FURTHER. THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED. WAIVE AND RELEASE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF FEDERAL WAY, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE DESIGN, ESTABLISHMENT, CONSTRUCTION, OPERATION, FAILURE TO OPERATE, OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEM S. ALTERATIONS OF THE GROUND SURFACE, VEGETATION, DRAINAGE OR SURFACE OR SUBSURFACE WATER FLOWS WITHIN THE SUBDIVISIONS OR WITHIN ANY DRAINAGE OR DETENTION FACILITIES DESIGNED TO RECEIVE OR ACTUALLY RECEIVING DRAINAGE FROM THE SUBDIVISIONS AND THE CITY OF FEDERAL WAYS REVIEW AND APPROVAL OF PLANS AND PERMITS FOR SAME OTHER THAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF FEDERAL WAY, FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, AGREE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS TO INDEMNIFY, HOLD HARMLESS. AND DEFEND THE CITY OF FEDERAL WAY, ITS SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY DAMAGE, INCLUDING ANY COSTS OF DEFENSE, CLAIMED BY PERSONS WITHIN OR WITHOUT THE SUBDIVISIONS TO HAVE BEEN CAUSED BY THE DESIGN, ESTABLISHMENT, CONSTRUCTION, OPERATION, FAILURE TO OPERATE, OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS, ALTERATIONS OF THE GROUND SURFACE, VEGETATION, DRAINAGE, OR SURFACE OR SUBSURFACE WATER FLOWS WITHIN THE SUBDIVISIONS OR WITHIN ANY DRAINAGE OR DETENTION FACILITIES DESIGNED TO RECEIVE OR ACTUALLY RECEIVING DRAINAGE FROM THE SUBDIMSION5 AND THE CITY OF FEDERAL WAYS REVIEW AND APPROVAL OF PLANS AND PERMITS FOR SAME PROVIDED, THIS WAIVER AND INDEMNIFICATION SHALL NOT BE CONSTRUED AS RELEA51NG THE CITY OF FEDERAL WAY, ITS SUCCESSORS OR ASSIGNS. FROM LIABILITY FOR DAMAGES. INCLUDING THE COST OF DEFENSE RESULTING FROM AND TO THE EXTENT OF THE SOLE NEGLIGENCE OF THE CITY OF FEDERAL WAY, ITS SUCCESSORS, OR ASSIGNS THIS SUBDIVISION, DEDICATION, RELEASE. INDEMNIFICATION OF CLAIMS, AND AGREEMENT TO HOLD HARMLESS 15 MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS IN WITNESS WHEREOF WE SET OUR HANDS AND SEALS MII{IAM MCCAFTREY DAWN MCCAFFREY ANNETTE MORGESE JAMES MORGESE DEANNA LUND DENNIS LUNG PAULA DEANE CLARK MIRROR LAKE HIGHLAND, LLC BY: ITS: REDMOND PROPERTY INVESTMENT #C, LLC BY: ITS: MEN OWNER'S owns NONE p % i CHIEN LENNERT MATTHEW LENNERT EMILY BEEMSTERBOER ANDREW YAGER LORENA BIXLER RANDY BIXLER LARRI SERMN REDMOND FUNDING GROUP, LLC BY: ITS: ACKNOWLEDGMENTS STATE OF WASHINGTON { I SS COUNTY OF KING I ON THIS DAY PERSONALLY APPEARED BEFORE ME TO ME KNOWN TO BE THE ______________ THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID INDIMDUAL. FOR THE PURPOSES THEREIN MENTIONED. AND ON OATH STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS ____ DAY OF 2021 NOTARY PUBLIC RESIDING IN MY COMMISSION EXPIRES STATE OF WASHINGTON SS COUNTY OF KING ON TH15 DAY PERSONALLY APPEARED BEFORE ME TO ME KNOWN TO BE THE ______________ THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID INDIVDUAL, FOR THE PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS ____ DAY OF 2021 XOtIRY WBVC Rf-SQIRG u+ uv r,04YaS1W C%P1Ri� STATE OF WASHINGTON ( 55 COUNTY OF KING ) ON THIS DAY PERSONALLY APPEARED BEFORE ME ---------- TO ME KNOWN TO BE THE ______________ THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID INDIWDUAL, FOR THE PURPOSES THEREIN MENTIONED. AND ON OATH STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS ____ DAY OF _________ - . 2021. NOTARY PUBLIC M�YCquu54W E%PwE9 STATE OF WASHINGTON SS COUNTY OF KING ON THIS DAY PERSONALLY APPEARED BEFORE ME __. TO ME KNOWN TO BE THE ______________ THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT. AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID INDIVIDUAL, FOR THE PURPOSES THEREIN MENTIONED. AND ON OATH STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT RESUBMITTED GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS ____ DAY OF ___________ , 2021 Jun 25 2021 NOTARY PUBLIC RfSdIG IN CITY OF FEDERAL WAY MY odw554N rows COMMUNITY DEVELOPMENT Exhibit B LAND SURVEYOR'S CERTIFICATE Pg 1 of 10 THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF BILL MCCAFFREY ON THIS __________ DAY OF , 2D___ WA R C G j~ x P/W2i RII•�aa EVAN MARK WANLSTROM, LS#44651 EXP 1OIV4122 h LAP* CITY OF FEDERAL WAY FILE NO MIRROR LAKE HIGHLAND THE PURPOSE OF THIS PLAT AMENDMENT IS TO REMOVE NOTE NUMBER 5 SHOWN PLAT AMENDMENT UNDER THE SUBDIVISION NOTES HEADER ON SHEET 2 OF B, MIRROR LAKE HIGHLAND ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2B] OF SW 1/4 OF THE NE 1/4 OF SECTION 7, T21 N, R 4E, W.M. , RECORDS OF KING PLATS, COUNTY PAGER 4-11N. WASHI CITY OF FEDERAL WAY, KING COUNTY, WA ACKNOWLEDGMENTS ACKNOWLEDGMENTS STATE OF WASHINGTON STATE OF WASHINGTON I SS SS COUNTY OF KING I COUNTY OF KING ON THIS DAY PERSONALLY APPEARED BEFORE ME TO ME KNOWN TO BE THE ______________ THAT EXECUTED THE ON THIS DAY PERSONALLY APPEARED BEFORE ME ------------- WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID OF THAT EXECUTED INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID _____________ ______ THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE INDIVIDUAL. FOR THE PURPOSES THEREIN MENTIONED. AND ON OATH THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION FOR THE PURPOSES STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT, THEREIN MENTIONED AND ON OATH STATED THAT THEY WERE AUTHORIZED TO EXECUTE VEN UNDER MY HAND AND OFFICIAL SEAL THIS ____ DAY OF SAID INSTRUMENT '•-••--- 202T GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS ____ DAY OF ___________- 20____ NOTARY PUBLIC Si0�11G " CDYW59pH C [S NOTARY PUBLIC RESIDING IN MY COMMISSION EXPIRES: STATE OF WASHINGTON I ss COUNTY OF KING STATE OF WASHINGTON ON THIS DAY PERSONALLY APPEARED BEFORE ME _________________ S5. KNOWN TO THE __ THAT EXECUTED THE COUNTY OF KING W IN OI WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID ON THIS DAY PERSONALLY APPEARED BEFORE ME _____________ AN INOIMOUAL. FOR THE PURPOSES THEREIN MENTIONED AND ON OATH STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT ____________________ OF ______ THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS ____ DAY OF ___________ . 2021 THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION FOR THE PURPOSES THEREIN MENTIONED AND ON OATH STATED THAT THEY WERE AUTHORIZED TO EXECUTE SAID INSTRUMENT GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS ____ DAY OF ___________- NOTA" k0m 20____ RESIDING IN MY COMMISSION EXPIRES: NOTARY PUBLIC STATE OF WASHINGTON I RESIDING IN I SS MY COMMISSION EXPIRES: COUNTY OF KING I ON THIS DAY PERSONALLY APPEARED BEFORE ME TO ME KNOWN TO BE THE THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID STATE OF WASHINGTON INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID INDIVIDUAL, FOR THE PURPOSES THEREIN MENTIONED. AND ON OATH SS COUNTY OF KING STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT GIVEN UNDER MY NAND AND OFFICIAL SEAL THIS DAY OF ____ ON THIS DAY PERSONALLY APPEARED BEFORE ME _____________ _ 2021. OF _______________________ THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION FOR THE PURPOSES THEREIN MENTIONED AND ON OATH STATED THAT THEY WERE AUTHORIZED TO EXECUTE NOTARY PUBLIC SAID INSTRUMENT RESIDING IN GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS ____ DAY OF ___________ MY COMMISSION EXPIRES 20____ STATE OF WASHINGTON SS NOTARY PUBLIC COUNTY OF KING RESIDING IN ON THIS DAY PERSONALLY APPEARED BEFORE ME TO ME KNOWN TO BE THE ______________ THAT EXECUTED THE MY COMMISSION EXPIRES: WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID INDIVIDUAL, FOR THE PURPOSES THEREIN MENTIONED. AND ON OATH STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS ____ DAY OF . 2021. RESIDING IN MY COMMISSION EXPIRES: STATE OF WASHINGTON SS COUNTY OF KING ON THIS DAY PERSONALLY APPEARED BEFORE ME TO ME KNOWN TO BE THE ______________ THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID INDIVIDUAL, FOR THE PURPOSES THEREIN MENTIONED AND ON OATH STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS ____ DAY OF Exhibit B ___________ , 2021. Pg 2 of 10 NOTARY PUBLIC RESIDING IN MY COMMISSION EXPIRES CITY OF FEDERAL WAY FILE NO L MIRROR LAKE HIGHLAND HE PURPOSE OF THIS PLAT AMENDMENT 15 TO REMOVE NOTE NUMBER 5 SHOWN PLAT AMENDMENT UNDER THE SNOTES HEADER OF 8. MIRROR ON SHEET 2 OF B, MIRROR LANE HIGHLAND ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 257 OF SW 114 OF THE NE 114 OF SECTION 7, T 21 N, R 4E, W.M. PLATS, PAGES 4-11, RECORDS OF KING COUNTY WASHINGTpµ CITY OF FEDERAL WAY, KING COUNTY, WA APPROVALS DEPARTMENT OF PUBLIC WORKS EXAMINED AND APPROVED THIS DAY OF 20_ DEPUTY DIRECTOR OF PUBLIC WORKS DAT[ EXAMINED AND APPROVED THIS DAY OF , 20_. DEPARTMENT OF COMMUNRYAEMOPMWT EXAMINED AND APPROVED THIS DAY OF 20_ DIRECTOR OF COMMUNITY DEVELOPMENT DATE FEDERAL WAY CITY COUNCIL EXAMINED AND APPROVED THIS DAY OF 20_ MAYOR DATE CITY CLERK DATE KING COUNTY FINANCE DIVISION CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE, ARE PAID IN FULL THIS_ DAY OF , 2Q_ MANAGER, FINANCE DIVISION DEPUTY KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS_ DAY OF . 20_ KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER , RECORDING CERTIFICATE RECORDING NO FILED FOR RECORD THIS DAY OF , 20— IN BOOKOF PLATS AT PAGE AT THE REQUEST OF MIRROR LAKE HIGHLAND. LLC MANAGER SUPERINTENDENT OF RECORDS Exhibit B Pg3of10 CITY OF FEDERAL WAY FILE NO. informed land survey INDEK DATA: SW 114 OF THE NE 114 OF SECTION 7, TF rN, R4E, W.M.. KING COUNTY, WA SHT POB.5137 MIRROR LAKE HIGHLAND BILL MCCAFFREY 3 4 ' Tacoma, WA 9&415-0137 Ph— 204M sm 604 312TH ST SW aam;R� R as�D�r.Wm FEVERAL WAY. 'NA OF NNW:1LId1Y11N.[aR ° 3c,70 MCCAW-170817, PLAT AMENDMENT 10 LAkO 51AL4'EYWG • NM-+.LS-CCNS �:1�iIDv LnY,7�: QATE. F2a2027 NJd NQ. dfCC,1;5 1:53J� MIRROR LAKE HIGHLAND rLnraraEmomENr SW 114 OF THE NE 114 OF SECTION 7, T21 N, R 4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA LEGAL DESCRIPTION CYF4Wr( RD GT6329WDE37ayL7ErWaAR�LVI� GUARANTY COMPANY, PARCEL A: (9024) THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM, IN KING COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF A PRIVATE ROAD, SAID POINT BEING 198 FEET SOUTH OF THE NORTH LINE OF SAID SUBDIVISION AND 100 FEET WEST OF THE EAST LINE OF SAID SUBDIVISION, THENCE SOUTH ALONG THE EAST LINE OF SAID PRIVATE ROAD. A DISTANCE OF 712 FEET, THENCE EAST 100 FEET TO INTERSECT THE EAST LINE OF SAID SUBDIVISION AT A POINT 910 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH ALONG THE EAST LINE OF SAID 5UBOIVISION TO THE SOUTH LINE OF THE COUNTY ROAD; THENCE NEST 100 FEET TO THE EAST LINE OF A PRIVATE ROAD: THENCE SOUTH ALONG THE EAST LINE OF SAID PRIVATE ROAD TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE WEST 10 FEET TO THE EAST LINE OF THE WEST 220 FEET OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 7: THENCE NORTH ALONG SAID EAST LINE TO A POINT 198 FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE EAST 10 FEET TO THE PONT OF BEGINNING: EXCEPT THE NORTH 02 FEET THEREOF; AND EXCEPT COUNTY ROAD (SOUTHWEST 312TH STREET); AND EXCEPT THAT PORTION THEREOF CONVEYED TO SOPHIE A MCNEIL BY QUIT CLAIM DEED DATED JUNE 16. 2001. RECORDED JUNE 19. 2001. UNDER RECORDING NO 20010619000738. TOGETHER WITH A PERPETUAL EASEMENT FOR INGRESS AND EGRESS OVER THE FOLLOWING DESCRIBED LAND: A STRIP OF LAND 20 FEET IN WIDTH LYING 10 FEET ALONG EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M, IN KING COUNTY, WASHINGTON, FROM WHICH POINT ON THE NORTK WEST CORNER THEREOF BEARS NORTH 6911'19" WEST, A DISTANCE OF 43951 FEET; THENCE SOUTH 01'04'58" WEST, 98731 FEET; THENCE SOUTH 63"55'02" EAST, 11031 FEET; THENCE SOUTH 01'04'5B" WEST, III 16 FEET TO THE NORTH MARGIN OF THE COUNTY ROAD KNOWN AS SOUTH 112TH STREET; TOGETHER WITH AN ACCESS EASEMENT AS SET FORTH IN INSTRUMENT RECORDED JUNE 19. 2001 UNDER RECORDING NO 20010619000739: SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON PARCEL B: (9109) THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EAST DESCRIBED AS FOLLOWS: BEGINNING ON THE EAST LINE OF SAID SUBDIVISION AT A POINT 52500 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH ALONG SAID EAST LINE 175 OD FEET; THENCE WEST 100 FEET TO THE EAST LINE OF A PRIVATE ROAD; THENCE NORTH ALONG SAID EAST LINE 175 FEET TO A POINT WEST OF THE POINT OF BEGINNING; THENCE EAST 100 FEET TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING. STATE OF WASHINGTON PARCEL C: (9110) THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 700 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 70 FEET; THENCE WEST 100 FEET; THENCE NORTH 70 FEET; THENCE EAST 100 FEET TO THE TRUE POINT OF BEGINNING; 51TUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON PARCEL D:(9111) THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M, IN KING COUNTY, WASHINGTON. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 770 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 140 FEET; THENCE WEST 100 FEET; THENCE NORTH 140 FEET; THENCE EAST 100 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING PARCEL E: (9114) THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EAST, W. M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 420 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 105 FEET; THENCE WEST 100 FEET; THENCE NORTH 105 FEET; THENCE EAST 100 FEET TO THE TRUE PONT OF BEGINNING SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON II IIVIIReu [tll lU 5Uf 1 L �n4r 01 fop PO Box 5137 > Tacoma, WA 984150137 Ph— 253n 27-2070 admin®Ha dsurreycom +t Coo SUBDIVISION NOTES THE PURPOSE OF THIS PLAT AMENDMENT IS TD REMOVE NOTE NUMBER 5 SHOWN UNDER THE SUBDIVISION NOTES HEADER m1 sl-w 2 or 1, unto r LA+1L HIGHLAND ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 287 OF PLATS. PAGES 4-11. RECORDS OF KING COUNTY WASHINGTON 1) USE OF TRACTS AND LOTS ARE FURTHER DEFINED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS GOVERNING THIS COTTAGE SUBDIVISION, FILED UNDER RECORDING NO -------------------- 2) BUILDINGS ON LOTS 6 THROUGH 16 WALL REQUIRE NFPA 13D AUTOMATIC FIRE SPRINKLER SYSTEMS 3) THIS SUBDIVISION CONTAINS 1 85 ACRES i. PRIOR TO CREATION OF ANY LOTS. TRACTS, OR OTHER DEDICATIONS 4) THE MIRROR LAKE HIGHLAND PLAT IS A COTTAGE NOVSPNG dEHpNSTRAT10N PROJECT AUTHORIZED BY THE FEDERAL WAY CITY COUNCIL AS THIS IS A OC4O57ft"ION PRpJE CT, SEVERAL OF THE RS 7.2 ZONING STANDARDS ARE UNIQUE TO THE COTTAGE HOUSING DEVELOPMENT. THE INDIVIDUAL LOTS SHALL BE DEVELOPED IN GENERAL COMPLIANCE WITH BUILDING SETBACKS. LOT COVERAGE AND FACADE DESIGN AS DEPICTED ON THE FOLLOWING PRELIMINARY PLANS MIRROR LAKE HIGHLAND COTTAGE HOUSING REO'D AREAS AND SITE COVERAGE DATA, SHEET A-IB, AND PRELIMINARY ELEVATION DESIGNS SHEETS A-4-A-11 BY THE WJM STUDIO. DATE 12,121,12007, ON FILE WITH THE CITY OF FEDERAL WAY UNDER FILE NO I8-10419E-SU SECTION DETAIL jlIA4 fr A1Q 451 Ae r ow AM: # W9RP 4.17•XYI] W,9R0 /, .I..w o II V � a = 4 3 z Wj >i PROPERLY j Y (i5 LOCATION roWc a sW ra+oausR x2w sr 40 . P m �Hlp F47 Sr'AW: S• arx Alt Y' F f-1i-741I 1-IJ-200J uIRROp LAVE Exhibit B Pg4of10 CITY OF FEDERAL WAY FILE NO INDEX DATA: SW 114 OF THE NE 114 OFSECTION 7, T21N, NE, W.M., KING COUNTY, WP MIRROR LAKE HIGHLAND BILL MCCAFFREY 604 312TH ST SW FFD€RAL WAY. WA MCCAW-170817, PLAT AMENDMENT SHT. 4 OF 10 MIRROR LAKE HIGHLAND PLAT AMENDMENT SW 114 OF THE NE 114 OF SECTION 7, T21 N, R 4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA TRACT NOTES TRACT A: INGRESS, EGRESS, PARKING, GARAGES, DRAINAGE FACILITIES, UTILITIES. OPEN SPACE AND COMMONS BUILDING TRACT IS ESTABLISHED FOR THE BENEFIT OF THE OWNERS OF LOT 1 THROUGH 16, ALL CONVEYANCES OF LOTS IN THIS PLAT MUST CONTAIN A 1/16 JOINT OWNERSHIP INTEREST IN TRACT A FOR OWNERSHIP AND MAINTENANCE PURPOSES THE COST OF MAINTENANCE, REPAIRS, OR RECONSTRUCTION OF THESE ELEMENTS USED IN COMMON SHALL BE BORNE IN EQUAL SHARES TRACT A SHALL NOT BE FURTHER SUBDNIDED, MAY NOT BE DEVELOPED WITH ANY ADDITIONAL BUILDINGS OR OTHER STRUCTURES EXCEPT AS MAY BE APPROVED 81 THE CITY FOR RECREATIONAL PURPOSES ONLY FOR THE BENEFIT OF THE HOMEOWNERS, AND MAY NOT BE USED FOR FINANCIAL GAIN THE COVENANTS HEREIN SHALL RUN WITH THE LAND AND SHALL FOREVER BE BINDING UPON ALL PARTIES. THEIR HEIRS, SUCCESSORS AND ASSIGNS PERVIOUS ASPHALT DRIVEWAY IS A KEY COMPONENT OF THE DRAINAGE SYSTEM AND MUST BE REGULARLY MAINTAINED PER THE MAINTENANCE REQUIREMENTS OUTLINE IN THE DECLARATION OF COVENANT FOR MAINTENANCE AND INSPECTION OF FLOW CONTROL BMP'S. RECORDING 120190128000062 AND THE CCNR'S, RECORDING #20190128000060 THE CITY SHALL HAVE THE RIGHT TO EWER, INSPECT, AND REPAIR THE PERVIOUS PAVEMENT, AT THE EXPENSE OF THE OWNERS. IF THE PAVEMENT IS NOT MAINTAINED IN A FUNCTIONING MANNER APPROVAL FROM THE CITY OF FEDERAL WAY PUBLIC WORKS DIRECTOR MUST BE OBTAINED PRIOR TO REMOVAL OF THE PERVIOUS PAVEMENT. TWO SEPARATE 'EASEMENT AREAS'ARE DEFINED WITHIN TRACT A TO DESIGNATE THE SPECIFIC USES ALLOWED IN EACH AREA THESE EASEMENT AREAS ARE SUBJECT TO ALL CONDITIONS STATED ABOVE EASEMENT 'A' OF TRACT A- ALLOWS INGRESS, EGRESS. UTILITIES, DRAINAGE FACILITIES, POROUS ASPHALT ROADS. OPEN PARKING AND ENCLOSED GARAGE USES WHEN NECESSARY TO REPAIR, RECONSTRUCT, OR MAINTAIN THESE ELEMENTS THE PROPERTY OWNERS SHALL HAVE A RIGHT OF ENTRY FOR THAT PURPOSE. THE PRIVATE ACCESS AND UTILITY PORTION OF THE AREA SHALL REMAIN OPEN AND UNOBSTRUCTED AT ALL TIMES FOR EMERGENCY AND PUBLIC SERVICES VEHICLES. THERE WILL BE A MAXIMUM OF 5 GARAGES CONTAINING 14 INTERIOR PARKING SPACES THERE WILL BE A MAXIMUM OF 16 EXTERIOR PARKING SPACES EASEMENT 'B' OF TRACT A- ALLOWS OPEN SPACE, OPEN SPACE AMENITIES, UTILITIES, DRAINAGE FACILITIES, AND A 580 SQUARE FORT COMMONS BUILDING WHEN NECESSARY TO REPAIR, RECONSTRUCT, OR MAINTAIN THESE ELEMENTS THE PROPERTY OWNERS SHALL HAVE A RIGHT OF ENTRY FOR THAT PURPOSE - THE OPEN SPACE TRACT IS TO BE OWNED IN COMMON AND MAINTAINED BY PROPERTY OWNERS OF LOTS 1-16, AND REMOVAL OR DISTURBANCE OF VEGETATION AND LANDSCAPING WITHIN THIS TRACT SHALL BE PROHIBITED EXCEPT AS NECESSARY FOR MAINTENANCE OR REPLACEMENT OF EXISTING PLANTINGS AND AS APPROVED BY THE CITY DEPARTMENT OF COMMUNITY DEVELOPMENT TRACTS B THROUGH E: TRACTS B THROUGH E ARE RAIN GARDEN TRACTS, RAIN GARDENS ARE A KEY COMPONENT OF THE DRAINAGE SYSTEM AND MUST BE REGULARLY MAINTAINED PER THE MAINTENANCE AND INSPECTION OF FLOW CONTROL BMP'S. RECORDING #20190120000052 AND THE CC&R'S, RECORDING /20190128000060. ALL CONVEYANCES OF LOTS IN THIS PLAT MUST COWAN A 1/16 JOINT OWNERSHIP INTEREST IN TRACTS B THROUGH E FOR OWNERSHIP AND MAINTENANCE PURPOSES THE COST OF MAINTENANCE. REPAIRS OR RECONSTRUCTION OF THAT PORTION OF THE STORM SYSTEM USED IN COMMON SHALL BE BORNE IN EQUAL SHARES AND WHEN NECESSARY TO REPAIR, CLEAN OR RECONSTRUCT THE STORM SYSTEM, THE OWNERS SHALL HAVE THE RIGHT OF ENTRY FOR THAT PURPOSE. THE CITY SHALL HAVE THESE SAME RIGHTS TO ENTER AND REPAIR THE RAINGARDENS, AT THE EXPENSE OF THE OWNERS, IF THE RAINGAROENS ARE NOT MAINTAINED IN A FUNCTIONING MANNER THE REMOVAL OR DISTURBANCE OF VEGETATION AND LANDSCAPING WITHIN THESE TRACTS. EXCEPT AS NECESSARY FOR MAINTENANCE OR REPLACEMENT OF EXISTING PW4TINGS AND AS APPROVED BY THE CITY. IS PROHIBITED TRACT X TRACT X IS A PRIVATE INGRESS/EGRESS AND UTILITY TRACT, ALL CONVEYANCES OF LOTS IN THIS PLAT MUST CONTAIN A 1/16 JOINT OWNERSHIP INTEREST IN TRACT X FOR OWNERSHIP AND MAINTENANCE PURPOSES, THE COST OF MAINTENANCE, REPAIRS, OR RECONSTRUCTION OF THESE ELEMENTS USED IN COMMON SHALL BE BORNE IN EQUAL SHARES 11GREE" 16.lKOI&TE 1f m 1L PER RECORDING N 20190128000061 OWNERS HEREBY COVENANTS AND AGREES, FOR ITSELF, ITS SUCCESSORS, GRANTEES. AND ASSIGNS, TO DEDICATE TRACT -X TO THE CITY OF FEDERAL WAY FOR RIGHT-OF-WAY AND STREET PURPOSES AT SUCH TIME AS THE CITY DETERMINES IN ITS DISCRETION THAT TRACT -X- IS NEED FOR THESE PURPOSES A STATUTORY WARRANTY DEED IN A FORM ACCEPTABLE TO THE CITY AND CONVEYING TRACT 'X' TO THE CITY SHALL BE EXECUTED BY THE GRANTOR. ITS SUCCESSORS. GRANTEES. OR ASSIGNS, AND SHALL BE DELIVERED TO THE CITY UPON DEMAND, THE PURPOSE OF THIS PLAT AMENDME' IS TO REMOVE NOTE NUMBER 5 SHOWN UNDER THE SUBDIVISION NOTES HEADER ON SHEET 2 OF 8, MIRROR LAKE HIGHLAND ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 287 OF PLATS, PAGES 4-11. RECORDS OF KING COUNTY WASHINGTON. I EASEMENT GRANTED TO PACIFIC NORTHWEST BELL TELEPHONE COMPANY, A WASHINGTON CORPORATION, AS MORE FULLY SET FORTH IN THE DOCUMENT RECORDED AS INSTRUMENT NO 5322087 (NOT SHOWN ON SURVEY, BLANKET IN NATURE) 2 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: LAKEHAVEN SEWER DISTRICT, A MUNICIPAL CORPORATION PURPOSE: SEWER MAINS AREA AFFECTED: A PORTION OF PARCEL A OF A PORTION OF SAID PREMISES RECORDED: JUNE 14. 1976 RECORDING NO: 7806140899 (NOT SHOWN ON SURVEY, ADJACENT TO LAKE) 3 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: LAKE ACCESS AREA AFFECTED A PORTION OF PARCEL A OF A PORTION OF SAID PREMISES RECORDING NO 20010619000739 (NOT SHOWN ON SURVEY, EASEMENT IS SOUTH OF SW 312TH ST) 4 SELLERS NOTICE OF ON -SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS IMPOSED BY INSTRUMENT RECORDED, UNDER RECORDING NO 20050211001839 (COVERS: PARCEL A) (NOT SHOWN ON SURVEY, AFFECTS PARCEL A) 5 MEMORANDUM OF AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: APRIL 12. 2007 RECORDING NO 2007041200MOl REGARDING: BOUNDARY LINE ADJUSTMENTS (NOT SHOWN ON SURVEY, AFFECTS PARCELS A,B,C, AND 0) 6 QUITCLAIM DEEDS CLEARING TITLE RE ACCESS RIGHTS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: APRIL 12. 2007 RECORDING ND: 20070412000602, 20070412000603 A 20070412000604, REGARDING: DENIES RIGHTS OF ACCESS AND EASEMENTS AS STATED HEREIN (NOT SHOWN ON SURVEY, AFFECTS PARCEL A) 7 LACK OF A RECORDED MEANS OF INGRESS AND EGRESS TO A PUBLIC ROAD FR0M THE LAND, (COVERS: PARCELS B. C, D AND E) (CANT BE SHOWN ON SURVEY) 8 EASEMENT AGREEMENTS AND THE TERMS AND CONDITIONS THEREOF: RECORDED. NOVEMBER B. 2007 RECORDING NOS: 20071108001180. 20071106001181. 200711O8D01182, 20071108001183. 20071108001104. 2007110BOD1185. AND 20071100001186 REGARDING: USE OF THE WESTERLY PORTION OF PARCEL A (SHOWN ON SURVEY, AFFECTS PARCELS A.B,C,D, AND E 9. EASEMENT GRANTED TO PUGET SOUND ENERGY INC., A WASHINGTON CORPORATION, AS MORE FULLY SET FORTH IN THE DOCUMENT RECORDED AS INSTRUMENT NO, 201104210002- (NOT SHOWN ON SURVEY, EASEMENT IS 10 FEET IN WIDTH BEING 5 FEET ON EACH SIDE OF THE CONSTRUCTED LINE) Exhibit B Pg5of10 CITY OF FEDERAL WAY FILE NO LINE TABLE MIRROR LAKE HIGHLAND PLAT AMENDMENT SW 114 OF THE NE 114 OF SECTION 7, T21 N, R 4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA MATCH LINE SHEET 5 ADDRESSES u9� ua N BB 54'SS' W 3 LOT I ADDRESS 1 31116 - 611 LANE SOUTHWEST 2 3.... - 6TH LANE SOUTHWEST 3 31110 - 6TH LANE SOUTHWEST 4 31106 - 6TH LANE SOUTHWEST 5 31100 - 6TH LANE SOUTHWEST 6 31024 - 6TH LANE SOUTHWEST 7 31018 - 6TH LANE SOUTHWEST B 31014 - 6TH LANE SOUTHWEST 9 31008 - 6TH LANE SOUTHWEST 10 30926 - 6TH LANE SOUTHWEST 11 30922 - 6TH LANE SOUTHWEST 12 30914 - 6TH LANE SOUTHWEST 13 30910 - 6TH LANE SOUTHWEST 14 30913 - 6TH LANE SOUTHWEST 15 30921 - 6TH LANE SOUTHWEST 16 30925 - 6TH LANE SOUTHWEST LEGEND 5 • SET REGAR & CAP EMW L5 #44651 BASIS OF BEARINGS WASHINGTON STATE PLANE, NORTH ZONE, NAD 83/9, 8ASED ON MONUMENTS FOUND ON SW 312TH ST AT ON OF BTH AVE & 1ST AVE BEARING N 89118102• W. REFERENCES 1) ROS BY AIR, AFN 9406270305 2) PLAT OF HOWELL ADDITION, AFN 252236 3) ROS BY STEPAN & ASSG, INC., AFN 8504230132 4) ROS BY ASSOCIATES LAND SURVEYING, AFN 200012145005 CIRVE TABLE itiri-.SALLh1iCADL'L+dR71�lCl.L+r�I{wis+�:iG':CaE•v.�i•i[II:7L:s ®Eg91E93X11�F��f'IJili" I� �_ ]IEiFIiEliS�FiF7HCi•7f9 � TRACT TABLE 0E5CRiPTA)N SQUARE EEE7 S A PRIVATE INGRESS/CCRE55.UTPLIWES. PARKING DMhrACC PACLLITIES, GARADES, OPEN SPACE. COA14ON BUILOIW. OPEN SPMX AUZMTTES 35.512 6 OM4 X ARMEAMER 1.7.114 C 00A4A044 RAINGARDEF4 l,y O P-Doumog ry I commonN "109 x FUTUFtE DEDICATION AS PUaL1C MIGHT OF WAY 3•141 TOTAL TRACT ANLA A3.867 NET P1AT AREA 76.i+0 CROSS PLAT ARC 8Oy97 OPEN SPACE 8,000 S.F. OF OPEN SPACE REQUIRED 11.015 S.F. (EASEMENT AREA 18. SEE TRACT 'A' NOTES) t1,734 S.F. (TRACT 8) t 1,370 S.F. (TRACT C) t 791 Sr. (TRACT D) 16,019 5.1. (TOTAL OPEN SPACE) Fw v BR�Ss+E o GRAPHIC SCALE SW 31FM SI 81" AVE 5W ce5rtC0 -I1-254920 0 10 20 40 " - 20 FEET THE PURPOSE OF THIS PLAT AMENDMENT IS TD REMOVE NOTE NUMBER 5 SHOWN UNDER THE SUBDIVISION NOTES HEADER ON SHEET 2 OF B, MIRROR LAKE HIGHLAND ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 287 OF PLATS, PAGES 4-11. RECORDS OF KING COUNTY WASHINGTON 3 _ exhibit B Pg6of10 CITY OF FEDERAL WAY FILE NO FOUND 13151 a CONC o SW 317U4 BY k 1ST *4 SW LINE TABLE MIRROR LAKE HIGHLAND � THE PURPOSE OF THIS PLAT AMENDMENT 15 TO REMOVE NOTE NUMBER 5 SHOWN PLAT AMENDMENT UNDER THE SUBDMSION NOTES HEADER MIRROR ON SHEET 2 OF B, MIRROR LAKE HIGHLAND ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 207 OF SW 114 OF THE NE 114 OF SECTION 7, T21 N, R 4E, W.M. PLATS, PAGES 4-11, RECORDS OG KING COUNTYPAGES CITY OF FEDERAL WAY, KING COUNTY, WA BASIS OF BEARINGS WASHINGTON STATE PLANE, NORTH ZONE, NAD 83/91 BASED ON MONUMENTS FOUND ON SW 3127H ST AT INTERSECTIONS OF BM AVE & IST AVE BEARING N 89VB'02' W. REFERENCES 1) ROS BY AHR, AFN 9406270305 2) PLAT OF HOWELL ADDITION, AFN 252236 3) ROS BY STEPAN h ASSC. INC. AFN 8504230132 4) ROS BY ASSOCIATES LAND SURVEYING, AFN 200012145005 LEGEND • SET REBAR k CAP EMW LS B44651 CURVE TABLE �'I�iil-SA�F-i•'•lEY'IY'F� i1Y•1rL-1�,7C teT7 �I•w1� • • � �F117kICi>� ' �� TRACT TABLE TgACT I UIE50IRiPTION E - A P114VATE IN3RESWGRES&U111LT11ES. PARi(ING DPAINACLE FACILITIES. GARAGES. OPEN SPACE, COMMON SUILDING, QK" SPACE ;UCNITIES 35,512 COMMON RONGWOEN 1, R COMMON! RAYIGIW N 1, U COMMON RAINIOARMN T COMMON 1.109 % rUTUFrZ OEOICAhON AS PUBLIC RIGHI OF WAY 3.341 TOTAL TRLCT cS.857 NET PEAT Aff A 1G,7A>7 MISS PLAT A 80-997 GRAPHIC SCALE 0 10 20 40 ' = 20 FEET 55' EASEMENT 20071106001 50' EASEMENT AT 200711080017 5.0' EASEMENT 2007110800 MATCH LINE SHEET 6 - L - - -� I � 5 656A'3j• C w �. jj r Fj FUTuaE GARAGE to 3 FIRE DEPT. EASEMENT A $ o to TURN —AROUND (SEE SHEET 3, S y TRACT A NOTES) N L41 F FUTURE GARAGE S BB�A'}y" C AO 50' LJ9 r OLD LOT LINE (TYP) A) EXISTING I LOT 9 GARAGE w _ q 2.172± SF $ I I U ^' 5 ! 6' 05' E 35 09' TRACT D L35 LT9 791± SF 40,44, N BB'54'3_�W ` OLD LOT LINE (TYP.)I LOT 8 Io n $ 8893 SF I n -_j R 3 Z o F ^ I LOT 7 I o n LL35 1,9333 SF II n t+. r 4031. nXl.N 3 I LOT 6 I s 2,1BB± SF o �I In P N�--J J L30 Exhibit B S 1654'15- E 36.26' Orr _g Pg7of10 COMMON o� EXISTING BUILDING TRACT C 1}]0± SF e OLD LOT LINE x MATCH LIH£ SAPCC! I - CITY OF FEDERAL WAY FILE NO intormed land survey INDIX DATA: W.AII SW 1/4 OFTHE NE 114 OF SECTION 7, T21N, R4E. W.M., KING CO)IIV IY. WA > j�o PO Box 5137 MIRROR LAKE HIGHLAND BILL MCCAFFREY coma a``yl T , 13 98415-0f77 Ph—'2A41 ,W70 604 312TH ST SW aSa+g nmisurveYmm FLDERAL WAY. ViA A4+••si wF Qi' Wwv>�mmarmN ORAFTED-A9 LNfCfiEO.EW CATE: Aq*=I A78N17.:MLGVi9LI9D81i MCCAW-170817, PLAT AMENDMENT SHT. 7 OF 10 LINE TABLE MIRROR LAKE HIGHLAND HE PURPOSE OF THIS PLAT AMENDMENT IS TO REMOVE NOTE NUMBER 5 SHOWN THE SUBDIVISION NOTES HEADER PLAT AMENDMENT ON ON SHEET 2 OF B. MIRROR LAKE B. MIRROR HIGHLAND ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 287 OF SW 114 OF THE NE 114 OF SECTION 7, T21 N, R 4E, W.M. PLATS, PAGES 4-11, RECORDS OF KING COUNTY WASHINGTON CITY OF FEDERAL WAY, KING COUNTY, WA BASIS OF BEARINGS WASHINGTON STATE PLANE, NORTH ZONE, "0 83191 BASED ON MONUMENTS FOUND ON SW 312TH ST AT INTERSECTIONS OF 8TH AVE & IST AVE BEARING N 89UB'02" W. � T I REFERENCES 1) ROS BY AMR, AFN 94DB270305 I 2) PLAT OF HOWELL ADDITION, AFN 252236 1 3) R05 BY STEPAN & ASSC., INC. AFN 85D1230I32 4) ROS BY A550CIATES LAND SURVEYING, AFN 2D0012145D05 4 LEGEND ■ SET REBAR & CAP EMW LS 144651 + s 200' EASEMENT AIFv I I .e 20071108001185 LOT 1 $ n F I LOT 13 In I3.8403 SF I G I 1,9]03 SF x I^ L---- J 88'54'35• E CURVE TABLE �T]' 5'yl'yy" L 4612' CT s .2 1L16 15 r44 T6 a N m LOT 12 I$ 6S 5J n 1- * W w z R j 1,9]6t SF n J n W W I Illl I F 41 5 ls54'JY [ TRACT TABLE 5 aep4 s} c 36 l0' Y 54 W TRACT OESCRIATION WUARE FEES A �. r A PRNATE INGRE55/EGRE55,U11IJTFE3, PARXING FACILITIES, GARAGES. SPACE. 35,512 I— I z I GRNIMPCE OPEN 8UN-OR:G. OPEN SPACE AMENITIES 1 LOT 11 g COMMON p I 2.2863 SF n� G y+IREIN FWNGAROER R I O pUM N RAIN AR N COIJMGe RA CAROEN 1,]20 1 LOT 15 I I OLD LOT LINE (TYP ) E w. OaN RAINGAROEM i,1O 2.42Bx SF X 11 T17RC DEDICATION AS PUB" C R1 N1 OF AY ] A I n I I [ C J TOTAL TRACT AW.A 43115.7 5 pQ AW T 44 41" HC. PIAI AREA ] 7A0 x GRO55 PLAT ARE 80.597 L 4 •gym' ir+ - TRACT E j N 88'S4T35" ,80' (S 1.109f SF F5 8654'35- ; LOT 16 I W sas3- �" I 2.056i SF Exhibit B ON 200T011GmEOEOTtia. L Pg 8 of 10 ,___ N ee54'w w w' + j9 o LOT 10 , o >.• i4 I 2,2951 SF N GRAPHIC SCALE EASEMENT A (SEE SHEET J. r ,� I I TRACT A NOTES) O 10 20 40 r' = 20 FEET MATCH LINE SHEET 5 CITY OF FEDERAL WAY FILE NO MIRROR LAKE HIGHLAND PLAT AMENDMENT SW 114 OF THE NE 114 OF SECTION 7, T21 N, R 4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA MATCH LINE f go, LOT 7 I• I I 1: I I I I i I I I rl I I ml LOT 6 I 11 F 300 L— so ! I ! Iq j I I I I I� JJ TRACT C I1.n7 I < I I' + I � I rLO � 50,! I I I I I I � LOT 4 I r I I s L�' ! al 1 LOT 3 ml ! sc of I I x a.Tl- TRACT 8 H- 0 1 B-�• I I LOT 2 LOT 1 I rl I91 i I 51 $ h— 100- 10.0— s o' _ J I~ 24.9 UTILITY ESMT LAKEHAVEN WATER AND SEWER DISTRICT NOTE AN EASEMENT IS HEREBY IRREVOCABLY RESERVED FOR AND GRANTED TO LAKEHAVEN UTILITY DISTRICT AND ITS AGENTS, SUCCESSORS AND ASSIGNS. FOR 50 LONG AS IT SHALL OWN AND MAINTAIN THE UTILITIES REFERENCED HEREIN UNDER AND UPON THE AREA SHOWN ON THE PLAT AND DESCRIBED HEREIN AS -WATERLINE EASEMENT- (WILE) AND -SANITARY SEWER EASEMENT" (SSE) TO INSTALL, MAINTAIN, REPLACE, REPAIR AND OPERATE WATER AND SE MAINS AND APPURTENANCES FOR THIS SUBDIV9CN AND OTHER PROPERTY TOGETHER WITH THE RIGHT TO ENTER UPON SAID EASEMENT AT ALL TIMES FOR PURPOSES INCIDENT THERETO NO BUILDING, WALL, ROCKERY, FENCE. TREES OR STRUCTURE OF ANY KIND SHALL BE ERECTED OR PLANTED- NOR SHALL ANY FILL MATERIAL BE PLACED WITHIN THE BWNDARIES OF SAID EASEMENT AREA NO EXCAVATION SHALL BE MADE WITHIN THREE (3) FEET OF SAID WATER OR SEWER SERVICE FACILITIES AND THE SURFACE LEVEL OF THE GROUND WITHIN THE EASEMENT AREA SHALL BE AINTAINED AT THE RewNDY m LNNiIOLt Exs1MF E.R,AWT9R TilEmy Acmq{ THAT YD 1YATEIE Awom SCALB 5Y 1GM TAm— w APPURTENANCE OF *AVqqD pAu O .s BE CR1GT[9 CMLBCAIW fJ 8Y lIAY194, Pq MIT 1HIgp q,WTT A[IIND L'ApCq !I TY 1HDTEOF GRANTOR, WITHIN OR PROXIMATE TO SAID EASEMENT, UNLESS SUCH INSTALLATION IS APPROVED BY GRANTEE AND IS IN CONFORMANCE WITH THE WHEN -CURRENT EDITION OF THE CRITERIA FOR SEWAGE WORKS DESICN' PUBLISHED BY THE WASHINGTON STATE DEPARTMENT OF ECOLOGY. GRANTOR HEREBY FURTHER AGREES THAT NO OTHER UTILITY FACILITY OR APPURTENANCE OF ANY KIND, INCLUDING UTILITY SERVICE CONNECTIONS. SHALL BE CONSTRUCTED OR LOCATED BY GRANTOR" OR ANY THIRD PARTY ACTING UNDER AUTHORITY OF GRANTOR. WITHIN THREE FEET (3'), MEASURED HORIZONTALLY FOR PARALLEL ALIGNMENTS OR WITHIN SIX INCHES (61, MEASURED VERTICALLY FOR CROSSING OR PERPENDICULAR ALIGNMENTS, OF ANY PORTION OF THE GRANTEE'S FACILITIES GRANTOR ADDITIONALLY GRANTS TO THE LAKEHAVEN UTILITY DISTRICT AND ITS AGENTS, SUCCESSORS AND ASSIGNS THE USE OF SUCH ADDITIONAL AREA IMMEDIATELY ADJACENT TO SAID EASEMENT AREA AS SHALL BE REQUIRED FOR THE CONSTRUCTION. RECONSTRUCTION, MAINTENANCE AND OPERATION OF SAID WATER OR SEWER FACILITIES THE USE OF SUCH ADDITIONAL AREA SHALL BE HELD TO A REASONABLE Y NIYUM AND BE RETURNED TO THE CONDITION EXISTING IMMEDIATELY BEFORE THE PROPERTY WAS ENTERED UPON BY THE LAKEHAVEN UTILITY DISTRICT, ITS AGENTS. SUCCESSORS AND ASSIGNS IN ADDITION TO THE OTHER RESTRICTIONS HEREIN, GRANTOR SHALL NOT CONVEY TO A THIRD PARTY ANY EASEMENT OR OTHER INTEREST OR RIGHT OF USE OF PROPERTY SUBJECT TO THE EASEMENT THAT WOULD IMPAIR OR LIMIT THE USE OF THE EASEMENT RIGHTS GRANTED HEREIN informed land survey 4A4 °' Ta PO BTX Tacoma, WA , WA 98415-0737 MIRROR LAKE HIGHLAND P Ph—:253-627-2070 a Tqg- Idsu-I,C, AR[Tst� W—UwIfmuyy Rt LmD DRa �'ED. ,M CNECrcED EW MTE: &24'mf I J08N0.; MY'CAwrTA917 THE PURPOSE OF THIS PLAT AMENDMENT IS TO REMOVE NOTE NUMBER 5 SHOWN UNDER THE SUBDIVISION NOTES HEADER ON SHEET 2 OF 8, MIRROR LAKE HIGHLAND ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 287 OF PLATS, PAGES 4-11, RECORDS OF KING COUNTY WASHINGTON LOT 14 1 D LOT 13 a a' a I H LOT 12 L3 90' I — a F I I LOT 11 r LOT 15 I r TRACT E 9 0' t LOT 16 i I 01 LOT 10 I of I el _o I of I I zA se' J —_— I I-3oa I I I r I a ! f a I I ^I 1 LOT 9 5.0 �•— o I I I I �— 5 v I I � 3 1 a I L3_BB' TRACT D I 5 I Exhibit B LOT a Pg 9 of 10 4 GRAPHIC SCALE ITSEENETTn 0 15 30 60 1= 30 FEET CITY OF FEDERAL WAY FILE NO. INDEX DATA_ 710N 7, T21N, R4E, W.M., KING COUNTY, WA SHT BILL MCCAFFREY 9 604 312TH ST SW -FDFRAI 'NAY WA OF MCCA W— 170817, PLAT AMENDMENT MIRROR LAKE HIGHLAND ' - THE PURPOSE THIS PLAT AMENDMENT N IS TO REMOVE NOTE NUMBER 5 SHOWN PLAT AMENDMENT SUBDIVISION UNDER THE OF8.MIRNOTES HEADER ON SHEET 2 OF MIRROR LAKE DI HIGHLAND ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME OF SW 114 OF THE NE 114 OF SECTION 7, T21 N, R 4E, W.M. F PLATS, PAGES 4-COUNTY WASHINGTO RECORDS OF KING ON. CITY OF FEDERAL WAY, KING COUNTY, WA MATCH LINE LINE TABLE LOT 7 ' ' s w Dy •.,; s of sa rD e W N 43'Sa'35" W l 10+ \ 117 94 - - - -- k e' Q 3 j L) IJ LOT 6 Lr F +i= TRACT C n i5 1,3]03 SF OPEN SPACE G ix i ww-W W LOT 5 a 1Lzs� �s I a LOT 4 LTS R # n LOT 3 o sF c G; SI.i7' 5 M'Si'3a' L D.71a- - OPEN TRACT B o aL SPACE I,]34} SF a1,7{' X p aX mrs-en, W � . arrsi'as- w U Q F LOT 2 LOT 1 CURVE TABLE VLVl9 �Y J X--l= l . Y. t r l,MA lII3S7 �>m1`�3� EfLiST•]fF]© FSIL�7��Ti�!]�13:T3m[•1.Y'.7f�� P09ax 5137 Tacoma, WA 93415-0137 PI-253fi27-2070 admen@AIIDMsumeyom •Y'Y.�b1�Y.[MI • NA MNS •W-NSTRUCT16.Y LnY011 LOT 14 LOT 13 : secxl7'L .six• g TRACT A LOT 12 s OPEN SPACE P LOT 11 LOT 15 ; � rLTRACT L ILOT 16 g 3.5 S BaSi' r f w LOT 10 3IIol� Y OPEN WA(E E+- a t- U a � a 1 LOT 9 R TNsaAcD E3e 1 �,, A � Exhibit B .O.eq' 5 E Pg10of10 LOT 6 MATCH LINE GRAPHIC SCALE 0 S 30 60 Ai " = 30 FEEi CITY OF FEDERAL WAY FILE NO - INDEX DATA: SW 114OFTHE NE 114OFSECTION 7, T21N, R4E, W.M., KING COUNTY, WA SHT MIRROR LAKE HIGHLAND BILL MCCAFFHEY 10 604 312TH ST SW F FEDERAL WAY WA1 OF 10 4azr eDSHD..arccnWr�s1: MCCAW-170817, PLAT AMENDMENT RESOLUTION NO. 19-748 A RESOLUTION of the City of Federal Way, Washington, approving the Mirror Lake Highland Final Plat, Federal Way, Washington, File No.18-104198-00-SU. WHEREAS, the Federal Way City Council in 2006 adopted a Cottage Housing ordinance that authorized cottage housing projects on a demonstration project basis; and WHEREAS, the 16-unit cottage housing project known as Mirror Lake Highland Cottages, designed by owner William J. McCaffrey, was selected by the Cottage, Housing Selection Committee to advance forward as a demonstration cottage housing project subject to certain conditions; and WHEREAS, on September 26, 2008, the Federal Way Hearing Examiner conducted a public hearing on the Mirror Lake Highland Preliminary Plat application resulting in the report and recommendation of the Federal Way Hearing Examiner, dated October 10, 2008; and WHEREAS, the Mirror Lake Highland Preliminary Plat, City of Federal Way File No. 07-106874-00-SU, was approved subject to conditions on November 4, 2008, by Federal Way City Council Resolution No. 08-535, which adopted the Hearing Examiner's findings and conclusions subject to revisions identified as Exhibit B Corrections to the Staff Report Entered into the Record on September 26, 2008; and WHEREAS, prior to the expiration of the preliminary plat approval, the Community Development Department approved extensions to the preliminary plat approval, dated August 8, 2014 and November 3, 2017; and WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 08-535 and the conditions of the plat approval extensions; and Exhibit C Pg 1 of 5 Resolution No. 19-748 Page I of 5 WHEREAS, the City of Federal Way's Community Development Department and Public Works Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval and final plat decisional criteria, and their analysis and conclusions are set forth in the Community Development Department Staff Report, dated January 7, 2019, which is hereby incorporated by reference as though set forth in full; and WHEREAS, the City Council Land Use and "Transportation Committee reviewed and considered the application and staff report for the Mirror Lake Highland Final Plat during its meeting on January 7, 2019; and WHEREAS, the City Council reviewed and considered the application and staff report for the Minor Lake Highland Final Plat during the City Council's regular meeting on January 15, 2019. I NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The Mirror Lake Highland Final Plat, City of Federal Way File No. 18-104198-00- SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. 1 2. Based on, inter alia, the analysis and conclusions in the staff report, dated January 7, 2019, which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for i public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplexhibit C Pg2of5 Resolution No. 19-748 Page 2 on sanitary wastes, parks and recreation, playgrounds, and schools and school grounds as are required by city code, or which are necessary and appropriate, 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 final plat approval granted herein. 4. All conditions listed in Federal Way City Council Resolution No. 08-535, dated November 4, 2008, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by the application's vested provisions of Federal Way City Code 20-135. 1 5. All required improvements for final plat approval have been made, and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all required plat improvements as identified in the Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid, or will be paid, prior to recording the final plat. Section 2. ARRlication Approval. Based upon the Findings and Conclusions contained in Section 1 above, the Mirror Lake Highland Final Plat, City of Federal Way File No. 18-104198- 00-SU, is approved as identified in the January 7, 2019 staff report. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto, as required pursuant to all applicable codes, shall be recorded with the King County Recorder's Office. The applicant shall pay all recording fees. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or Exhibit C Pg3of5 Resolution No, 19-748 Page 3 oj'5 unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 15th day of January, 2019. [Signature Page Follows] Exhibit C Pg4of5 Resolution No. 19-748 Page 4 of 5 ATTEST: CITY OF FEDERAL WAY: J] ER I.I.I._ MAYOR IE COURTNEY, CMC, g1jY CLERK APPROVED AS TO FORM: \a-j3==` W - J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: 01 /09/2019 O1/15/2019 19-74R Exhibit C Pg5of5 Resolution No. 19-748 Page 5 of.i Ci7V aF Federal Way Addendum to Determination of Nonsignificance (DNS) 21-102752-SE Name of Proposal: Mirror Lake Highland Cottage Housing Plat Alteration City File: 21-102752-SE (Addendum); 07-106875-SE (DNS) DNS Issued: April 16, 2008 Description of Proposal: Addendum to the April 16, 2008, above -referenced DNS due to the applicant's request to alter the recorded plat to eliminate the affordable housing requirement on Lots 7 and 13. Applicant: Bill McCaffrey, 253-709-8747, bill@thenexusstudio.com Location: The proposal pertains to the whole Mirror Lake Highland final plat located generally at 604 SW 312`}' Street, Federal Way, WA; parcel's 555790-0010; - 0020; -0030; -0040; -0050; -0060; -0070; -0080; -0090; -0100; -0110; -0120; - 0130; -0140; -0150; & -0160 Lead Agency: City of Federal Way Staff Contact: Senior Planner Jim Harris, iim.harris�cityoffederalway.com 253-350-9283 Description of Addendum This addendum issued per WAC 197-11-625 is required to alter the recorded final plat of Mirror Lake Highland. The city has received an application to eliminate the note on the Mirror Lake Highland plat map that requires affordable housing on Lots 7 and 13. All of the plat infrastructure is constructed, and individual homes have been constructed on all of the lots in Mirror Lake Highland except Lots 7 and 13. No changes to the environment will occur with this proposed action. The only proposed change is to eliminate the affordable housing requirement on the plat for the two remaining lots (numbers 7 and 13). The proposed action to eliminate the affordable housing requirement for Lots 7 and 13 is consistent with the current Federal Way Revised Code (FWRC). On November 4, 2020, the Federal Way City Council via ordinance 20-899 eliminated the previous requirement in FWRC 19.250.150 titled: affordable housing bonus in RS zoning classifications. A DNS was issued on April 16, 2008, for the original preliminary plat proposal and no SEPA mitigation was required. No appeals were submitted to the city on the original DNS. A SEPA addendum is necessary for the proposed alteration of the recorded Mirror Lake Highland final plat. No new or substantially different environmental impacts are anticipated. The proposal will result in two middle -income housing units rather than two affordable housing units, consistent with current FWRC 19.250. NOTE: There is no comment period for this addendum per WAC 197-11-625. Responsible Official: Brian Davis, Community Development Director, 253-835-2612 33325 81h Avenue South, Federal Way, WA 98003-6325 Si nature: _ ��:�(.C[�I1i t/ of/Ticfi Date Issued.' .IWv 20.2021 I DiQLaf U amdJuly 19.202J. at J1:52,4M Exhibit D Pg 1 of 1 § 19.250.130 �, l 19.250.130 Setbacks and building separation. Dwelling units shall have 15-foot front and five-foot side and rear yard setback requirements. Dwelling units shall be separated by a ininimuin of 10 feet, not including projections, as identified in FWRC 19.125.160(4). Dwelling units and acces- sory buildings shall be separated by six feet. Dwellina units not abutting or oriented towards a� right-of-way shall have a front yard odunte towards the common open space. The director o community development may use appropriate dis- cretion. consistent with the intent of this chapter, determining orientation of yards in CHDs. (Ord. No. 06-533, § 5(Exh. A), 9-19-06. Cod 2001 § 22-923(l1).) 19.250.140 Lot coverage. Lot coverage in CHDs shall not exceed 60 p - cent of gross site area. Lot coverage shall be talc lated for the overall CHD, not for individual lots Paved components of common open space areas and walkways shall not be counted in lot coverage calculations. i (Ord. No. 06-533, § 5(Exh. A), 9-19-06. Code 2001 § 22-923(12).) 19.250.150 Affordable housing bonus in RS zoning classifications. In the RS zones, CHDs that include affordable units may exceed the base level of 12, dwelling units up to a total of 16 dwelling units (assuming adequate overall lot size). One-half of all dwelling units over the base level of 12 must be affordable (for example, a total of four additional dwelling units may be permitted if two of these are afford- able). (1) Affordable cottages shall be sold at a price which is affordable for a two -person household with an annual income equal to or less than 80 per- cent of median income. Affordable CSF units shall be sold at a price which is affordable to a three -per- son household with an annual income equal to or less than 80 percent of median income. The direc- tor of community development shall prepare administrative guidelines for calculation of sale price and determination of income eligibility. (2) Affordable dwelling units shall have the same appearance and utilize the same exterior materials as market rate dwelling units and shall be dispersed throughout the CHD. 19-408 (3) A deed, covenant or title restriction shall be recorded on the deed/title of affordable dwelling units. The restriction shall effectively maintain the units as affordable for a period of not less than 15 vears from initial occupancy. The restriction shall be in a form acceptable to the director of commu- nity development. (Ord. No. 06-533, § 5(Exh. A), 9-19-06. Code 2001 § 22-923(13).) )9.250.160 Common area maintenance. CHDs shall be required to implement a mecha- nism, acceptable to the director of community development, to ensure the continued care and maintenance of CHD common areas. A typical example would be creation of a home owner's association or condominium association with authority and funding necessary to maintain the common areas. (Ord. No. 06-533, § 5(Exh. A), 9-19-06. Code 2001 § 22-923(14).) 19.250.170 General provisions. (1) CHDs in the RS zones are permitted as sub- divisions, short subdivisions or condominium developments. CHDs in the RM zones are permit- ted as subdivisions, short subdivisions, condomin- ium developments or multifamily developments. (2) A community building, not exceeding 2,000 square feet, may be provided for the residents of the CHD. Roof pitch, architecture, materials and colors shall be similar to that of the dwelling units within the CHD. (3) An existing single-family home incorpo- rated into a CHD that does not meet the require- ments of this chapter is permitted to remain on•a site developed for cottage and CSF housing. Mod- ifications or additions to the structure not consis- tent with the provisions of this chapter shall not be permitted. (4) Accessory dwelling units are not permitted in CHDs. (5) CHDs may not utilize the cluster subdivi- sion provisions of FWRC Title 18. (6) For those CHDs processed as formal or short subdivisions, all development standards of this chapter shall be reviewed by the director of community development as a component of the preliminary plat or short plat review process. For all other CHDs the development standards of this chapter shall be reviewed as a component of pro- Exhibit E Pg1of1 ORDINANCE NO.20-899 AN ORDINANCE of the City of Federal Way, Washington, relating to updating the zoning and development code; amending FWRC 19.250.030; repealing 19.250.150 (Amending Ordinance No. 06-533 and repealing Ordinance No. 08-580) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to amend development regulations in Title 19.250 FWRC and Ordinance 08-580 to encourage middle -income housing development in the City of Federal Way providing opportunities for single family housing without requiring relatively large amounts of property; and WHEREAS, Ordinance 08-580 classifies cottage housing as "demonstration projects" and limits such projects to three throughout the City of Federal Way thereby limiting the potential of cottage housing; and WHEREAS, 19.250.030 currently demonstrates that a cottage housing development can support a project up to sixteen units and be compatible with surrounding single-family development; and Exhibit F Pg 1 of 6 Ordinance No. 20-899 Page I of 6 WHEREAS, a recent study conducted by ECONorthwest shows a need for homes available for families making over eighty percent (80%) of the established Area Median Income (AMI) in the City of Federal Way; and WHEREAS, Chapter 19.250.030(1)(b) FWRC inhibits the total number of needed medium income housing units that may be provided in one development; and WHEREAS, increased costs for building single-family units have prevented the development of new single-family units for families earning less than eighty percent (80%) AMI; and WHEREAS, the Planning Commission conducted public discussion of these code amendments on September 2, 2020; and WHEREAS, an Environmental Determination of Non -significance (DNS) was properly issued for the Proposal on August 21, 2020 and no comments or appeals were received and the DNS was finalized on September 25, 2020; and WHEREAS, the Planning Commission properly conducted duly noticed public hearing on these code amendments on September 16, 2020 and forwarded a recommendation of approval to the City Council as follows: (1) To amend FWRC 19.250.030(1)(b) by eliminating the language in this section requiring that two of the units in a sixteen -unit development be affordable per FWRC 19.250.150; (2) To amend FWRC 19.250.150 by eliminating the language of "affordable housing bonus in RS zoning classifications;" Exhibit F Pg2of6 Ordinance No. 20-899 Page 2 of 6 (3) To amend Ordinance 08-580 so cottage housing is not considered a demonstration project and such development is not limited to three such projects in the City of Federal Way; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered these proposed code amendments on October 5, 2020, and recommended adoption of the text amendments as recommended by the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Fin61gs. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by providing needed single-family housing within the City of Federal Way. (b) These code and ordinance amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code and ordinance amendments are consistent with the intent and purpose of Title 19 FWRC, and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code and ordinance amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code and ordinance amendments have followed the proper procedure required under the Federal Way Revised Code. Exhibit F Pg3of6 Ordinance No. 20-899 Page 3 of 6 Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: (1) HP8 - Consider the economic impact of all development regulations on the cost of housing. (2) HG3 - Develop a zoning code that provides flexibility to produce innovative housing solutions, does not burden the cost of housing development and maintenance, and diversifies the range of housing types available in the City. (3) HG4 - Proactively plan for and respond to trends in housing demand. (4) HP14 - Review zoning, subdivision, and development regulations to ensure that they further housing policies, facilitate infill development and don't create unintended barriers. (5) HP20 - Periodically review and update development regulations to incorporate opportunities for new housing types. (6) LUG3.1 - Provide a wide range of housing densities and types in the single- family designated areas. (b) . The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they provide clarification and improve processing of land use actions. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because it encourages more moderate sized and priced housing for middle income home buyers. Exhibit F Pg4of6 Ordinance No. 20-899 Page 4 of 6 tieciior. 3. FWRC 19.250.030 is hereby amended to read as follows: CHDs shall be subject to the following development standards in FWRC 19.250.030 through 19.250.170. (1) Cottage housing development size. (a) CHDs are not permitted on sites less than .75 acres in size (a site may be composed of more than one contiguous lot). (b) CHDs shall contain clusters consisting of a minimum of four dwelling units and a maximum of 16 units. i-,r-1?S 5_0and :7-2 zone ..e ._ _ .. gian , 2_d ell: :.. afe Peffn:—d-ina bj,eet to FWJRGT�.250 A CHD may be integrated into a larger conventional subdivision. Maximum number of dwelling units is not limited in the RM zoning classifications. Section 4. FWRC 19.250.150 is hereby repealed in its entirety. Section 5. Demonstration an(9 limitation of . ro-ects. This ordinance repeals any limitation on the number of cottage housing developments permitted within the City of Federal Way as provided in Section 1 and Section 2 of Ordinance 08-580. Section 6. 5eyerability, The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the cozLectjp:R Exhibit Pg5of6 Ordinance No. 20-899 Page 5 of 6 scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 9. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this 4th day of November, 2020. CITY OF FEDERAL WAY: u • 19 ATTEST: o r, Lyn. U)tU, w - (hr), t.� '- re, . I S',P8P14ANIE COURTNEY, OM , CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 10/14/2020 PASSED BY THE CITY COUNCIL: 11/04/2020 PUBLISHED: 11/06/2020 EFFECTIVE DATE: 11/11/2020 ORDINANCE NO.: 20-899 Exhibit F Pg6of6 Ordinance No. 20-899 Page 6 of 6 COUNCIL MEETING DATE: October 19, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL Emmo SUBJECT: ORDINANCE: Code Amendments: Public Transportation Facilities POLICY QUESTION: Should Title 19 of the Federal Way Revised Code be amended to allow Light Rail or Commuter Rail Transit Facilities as a permitted use within the Commercial Enterprise (CE) and City Center Core (CC-C) zones. COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 4, 2021 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: James Rogers DEPT: Community Development Attachments: 1. Staff Report 2. Attachments (Exhibit 1 - Ordinance, Exhibit 2 - Map, Exhibit 3 — SEPA Comments, Exhibit 4 — Comment Response) Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR's RECOMMEND ON: 0 do 1. MAYOR APPROVAL: DIRECTOR APPROVAL: un three Co ci] initia€IDntc !nit lf0ate lniti !Date 4011,- COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance for a public hearing and First Reading on October 19, 2021. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (October 19, 2021): "I move to forward the proposed ordinance to the November 2, 2021 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (November 2, 2021): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # Cl" OF ,.�... Federal Way Centered on Opportunity Date: September 23, 2021 To: Land Use Transportation Committee Department of Community Development 33325 V1 Avenue South Federal Way, WA 98003-6325 253-835-2607 www.citvoffederalway.com Jim Ferrell, Mayor From: Brian Davis, Director of Community Developmenty'� Keith Niven, AICP, CEcD, Planning Manager op — James Rogers, Senior Planner Subject: Ordinance: Proposed Code Amendments: Public Transportation Facilities Files: 21-103529-UP, 21-103530-SE FINANCIAL IMPACTS There is no financial impact to the City for this code update. This is a non -project proposal. BACKGROUND Community Development is seeking to amend Title 19 of the Federal Way Revised Code. These proposed code amendments are to allow Light Rail or Commuter Rail Transit Facilities as a specified permitted use within the Commercial Enterprise (CE) and City Center Core (CC-C) zones. These facilities are currently allowed in these zones as Essential Public Facilities. This proposed change would allow the city to apply more specific controls through development regulations for that use, where currently they are allowed more broadly as essential public facilities. Specifically, the revised code would require that transit stations provide a minimum number of parking spaces for users of the facility. PROPOSED CODE AMENDMENTS Code Amendment 1— City Center Core — New Land Use Chart Allow the addition of "Light Rail or Commuter Rail Transit Facility" as a permitted use under a new code number 19.225.105 Public Transportation Facilities. (See Exhibit 1) Code Amendment 2 — Commercial Enterprise — New Land Use Chart Allow the addition of "Light Rail or Commuter Rail Transit Facility" as a permitted use under a new code number 19.240.135 Public Transportation Facilities. (See Exhibit 1) Code Amendment 3 — New Definition Add a new definition to 19.05.120 L definitions to read; "Light rail or commuter rail transit facility" means a structure or other improvement of a regional light rail or commuter rail transit system, which includes ventilation structures, traction power substations, utilities serving the regional transit system, transit stations and related passenger amenities, bus layover and inter -modal passenger transfer facilities, parking garages, park and rides, tunnel portals, storage track and support facilities, and transit station access facilities. Code Amendment 4 — Text Amendment Amend the text of 19.105.020 Essential Public Facilities to read: (1) Generally. The review and siting of essential public facilities shall conform to the following: (a) Class I facilities shall be reviewed under the zoning provisions found in their respective zoning districts, as well as the special provisions outlined in subsection (2) of this section. Review of Class I facilities shall be under process IV, hearing examiner decision. (b) Class 11 facilities shall be reviewed under the zoning provisions and processes found in their respective zoning districts, unless they are found to be exempt under the Federal Fair Housing Act, in which case such exemption does not imply an exemption from applicable building or structural standards. IV. SEPA - Determination of Nonsignificance (DNS) The city's Responsible Official has determined that this non -project proposal does not have a probable significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). The required 60-day notice was posted with the Dept. of Commerce on August 25, 2021. SEPA documentation for this proposal can be found at littps://docs.eityoffederalwgy.com/web I iiik/browse.aspx?id=805 525 &dbid=O&repo=cityoffedei•alw4y. V. PUBLIC NOTICE AND PUBLIC COMMENT The proposed code amendments to development regulations and the text of Title 19 FWRC, is currently under public review in compliance with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC. Notice of DNS was posted in the Federal Way Mirror on Friday August 27, 2021 starting the 14-day public comment period, which ended on September 10, 2021. The 21-day appeal period ends on October 1, 2021. Comments were received from Sound Transit on September 10. 2021 (Exhibit 3). Staff has provided responses to those comments (Exhibit 4) Public hearing regarding this proposal will be held October 19 at City Council, as allowed in 19.080.190(1) FWRC. Notice will be posted at least 14 days in advance of the hearing date. VI. DECISIONAL CRITERIA FWRC 19.80.130 provides criteria for development regulation amendments. The following section analyzes the compliance of the proposed amendments with the criteria provided by FWRC 19.80.130. The city may amend the text of the FWRC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. Staff Response —The proposed code amendment is consistent with the following goals and policies: NEG12 Promote land use patterns and transportation systems that minimize air pollution and greenhouse gas emissions. TP6.4 The City will continue to cooperate with regional and local transit providers to develop facilities that make transit a more attractive option. CCG9 Provide a balanced transportation network that accommodates public transportation, high occupancy vehicles, pedestrians, bicyclists, automobiles, and integrated parking. CCG15 Work with transit providers to develop a detailed HCT plan for the City Center. Identify facilities, services, and implementation measures needed to make transit a viable and attractive travel mode. Tailor the plan to meet local needs through rapid transit, express buses, and/or demand -responsive service. CCP29 Integrate the high capacity transit system with other transportation modes serving Federal Way and the region. CCP33 Encourage public and private parking structures (below or above ground) in lieu of surface parking. As redevelopment occurs and surface parking becomes increasingly constrained, consider a public/private partnership to develop structured parking in the downtown commercial area. CCP34 Encourage the provision of structured parking. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. Staff Response —The proposed code amendments bear a substantial relationship to public welfare as it will ensure that the parking demand generated by the transit stations do not adversely impact nearby properties. 3. The proposed amendment is in the best interest of the residents of the city. Staff Response — The proposed code amendments are in the best interest of the city as a whole because it codifies current city practices, addresses emerging land use issues, and increases code clarity, simplicity, and efficiency of the development review process. VII. RECOMMENDATION The Mayor recommends adopting the proposed ordinance for minor amendments to Title 19, Title of the Federal Way Revised Code (FWRC) as shown above and in Exhibit 1. List of Exhibits Exhibit 1 Ordinance Exhibit 2 Vicinity Map Exhibit 3 SEPA Comment Letter Exhibit 4 City Response to Comments EMXH BIT ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Public Transportation Facilities; amending FWRC 19.05.120 and 19.105.020; and adding new sections to Chapters 19.225 and 19.240 FWRC. (Amending Ordinance Nos. 17-834, 15-804, 09-930, 09-610, 09-593, and 97-295) WHEREAS, the City of Federal Way ("City") recognizes the need to periodically modify Title 19 of the Federal Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt a new permitted land use for the City Center Core (CC-C) and Commercial Enterprise (CE) zones which establishes development regulations for Light Rail or Commuter Rail Transit Facilities within the City; and WHEREAS, the Central Puget Sound Regional Transit Authority ("Sound Transit") is proceeding to implement their Sound Transit 3 ("STY) light rail system expansion, with two light rail stations planned within the City; and WHEREAS, the Federal Way Link Extension ("FWLE") portion of ST3 is currently under construction, with a new light rail station being built at the Federal Way Transit Center ("FWTC") in the CC-C zone; and Ordinance No. 21- Page I of 14 Rev 1/21 LU DRAFT WHEREAS, the planned parking facility expansion, designed to accommodate the new added demand from light rail users at the FWTC, has not yet been constructed; and WHEREAS, the Tacoma Dome Link Extension ("TDLE") is currently in the planning phase; and WHEREAS, a preferred alternative route alignment and station location has been identified by Sound Transit in the CE zone in South Federal Way; and WHEREAS, the demand for parking for transit -related parking proximate to the new stations will occur as soon as the stations are in operation; and WHEREAS, there are no public parking facilities available to accommodate the parking demand created by the transit stations; and WHEREAS, the proposed use is already generally allowed in the City as an essential public facility; and WHEREAS, the City's comprehensive plan vision, goals and policies strive to ensure transit station areas develop into efficient transportation centers that serve all travel modes, including cars; and WHEREAS, adding Light Rail or Commuter Rail Transit Facilities to the City's development regulations will help ensure that stations are developed in a complete and functional manner, not piecemeal; and WHEREAS, the City's measurement of transit level of service ("LOS") considers the provision of adequate parking at transit stations to be necessary in order to meet minimum LOS standards; and Ordinance No. 21- Page 2 of 14 Rev 1 /21 LU DRAFT WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the Proposal on August 27, 2021, and no appeals were received and the DNS was finalized on October 1, 2021; and WHEREAS, the Planning Commission properly considered these code amendments on September 15, 2021, and forwarded a recommendation of approval to the City Council on and WHEREAS, the Land Use & Transportation Committee of the City Council considered these code amendments on October 4, 2021, and recommended adoption of the text amendments as recommended by the Planning Commission on WHEREAS, the City Council properly conducted a duly noticed public hearing on these code amendments on October 19, 2021 and November 2, 2021. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The above recitals are hereby restated and adopted as findings. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by ensuring that transit stations are developed in a complete and functional manner, become an amenity to the people they serve, and do not burden local businesses and communities. (c) These code amendments comply with Chapter 36.70A RCW, the Growth Management Act. Ordinance No. 21- Page 3 of 14 Rev 1 /21 LU (d) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (e) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (f) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the City Council snakes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: NEG12 Promote land use patterns and transportation systems that minimize air pollution and greenhouse gas emissions. TP6.4 The City will continue to cooperate with regional and local transit providers to develop facilities that make transit a more attractive option. CCG9 Provide a balanced transportation network that accommodates public transportation, high occupancy vehicles, pedestrians, bicyclists, automobiles, and integrated parking. CCG15 Work with transit providers to develop a detailed HCT plan for the City Center. Identify facilities, services, and implementation measures needed to make transit a viable and attractive travel mode. Tailor the plan to meet local needs through rapid transit, express buses, and/or demand -responsive service. CCP29 Integrate the high capacity transit system with other transportation modes serving Federal Way and the region. CCP33 Encourage public and private parking structures (below or above ground) in lieu of surface parking. As redevelopment occurs and surface parking becomes increasingly constrained, Ordinance No. 21- Page 4 of 14 Rev 1/21 LU consider a public/private partnership to develop structured parking in the downtown commercial area. CCP34 Encourage the provision of structured parking. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it will ensure that transit stations are developed as complete and effective public facilities, with a greater ability to provide the public with a faster, safer and cleaner mode of transportation, while reducing congestion on the public roadways. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because it helps to ensure that transit stations are developed in a complete and functional manner, becoming a multi -modal amenity to the people they serve. Section 3. FWRC 19.05.120 is hereby amended to read as follows: 19.05.120 L definitions. "Land division" means any process by which individual lots, parcels, or tracts are created for the purpose of sale, lease, or transfer. Land divisions include, but are not limited to, conventional subdivisions (both short and long plats), binding site plans, cluster subdivisions, cottage housing, zero lot line townhouse development, and small lot detached development. "Landscaping" means the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation. "Landward" means toward dry land. "Legal nonconformance " means those uses, developments, or lots that complied with the zoning regulations at the time the use, development, or lot was created or established, but do not Ordinance No. 21- Page 5 of 14 Rev 1 /21 LU DRAFT conform with current zoning regulations. This definition shall be applied to legal nonconforming lots, uses, and developments as defined in this chapter. "Light rail or commuter rail transit .facility" means a structure or other improvement of a regional light rail or commuter rail transit system. which includes ventilation structures, traction power substations, utilities serving the regional transit system, transit stations and related passenger amenities. bus layover and inter -modal passenger transfer facilities, parking garages, park, and rides, tunnel portals, storage track and support facilities. and transit station access facilities. "Linear frontage of subject property" means the frontage of the subject property adjacent to all open, improved rights -of -way other than Interstate 5. If the subject property is not adjacent to an open, improved right-of-way, "linear frontage" means the frontage of the subject property on any public access easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights -of -way. "Lobby " means a central hall, foyer, or waiting room at the entrance to a building. "Lot" means a parcel of land, of sufficient area to meet minimum zoning requirements, having fixed boundaries described by reference to a recorded plat, to a recorded binding site plan, to metes and bounds, or to section, township and range. "Lot area" means the minimum lot area per dwelling unit based on the underlying zone. For single-family lots, the area of a vehicular access easement, private tract, flagpole, or access panhandle shall not be credited in calculation of minimum lot area. "Low density use" means a detached dwelling unit on a subject property that contains at least five acres. "Low density zone" means the following zones: SE and comparable zones in other jurisdictions. Ordinance No. 21- Page 6 of 14 Rev 1 /21 LU DRAFT "Low impact development (LID) " means a stormwater management strategy that emphasizes conservation and use of existing features integrated with distributed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential, commercial, and industrial settings. Section 4. FWRC 19.105.020 is hereby amended to read as follows: 19.105.020 Essential public facilities. (1) Generally. The review and siting of essential public facilities shall conform to the following: (a) Class I facilities shall be reviewed under the zoning_ provisions found in their respective zoning districts, as well as the special provisions outlined in subsection (2) of this section. Review of Class I facilities shall be under process IV, hearing examiner decision s pr-euess !V, heafi — . ! deeision. Prqjeet review shall also inelude these spe&4 (i.) of uaiu uv..uvaa. (b) Class II facilities shall be reviewed under the zoning provisions and processes found in their respective zoning districts, unless they are found to be exempt under the Federal Fair Housing Act, in which case such exemption does not imply an exemption from applicable building or structural standards. (2) Site evaluation criteria. The following criteria will be utilized in evaluating siting proposals made by sponsoring agencies or organizations seeking to site Class I essential public facility in Federal Way. These criteria encompass an evaluation of regional and/or local need and local site suitability for the proposed facility. Findings concerning the proposal's conformance with each criteria shall be included in the documentation of any city decision relative to the project. (a) Demonstration of need. Project must establish the need for their proposed facility. Included in the analysis of need should be the projected service population, an inventory of Ordinance No. 21- Page 7 of 14 Rev 1 /21 LU DRAFT existing and planned comparable facilities, and an assessment of demand for this type of essential public facility. (b) Relationship of service area to population. The facility should service a share of Federal Way's population within the city. The proposed site should also be in a location that reasonably serves its over-all service area population. (c) Minimum site requirements. Project sponsors shall submit documentation showing the minimum site requirement needs for the facility. Site requirements may be determined by any or all of the following parameters: Minimum size of the facility, access, necessary on -site support facilities, topography, geology and soils and mitigation requirements. The sponsor shall also identify any future expansions of the facility. (d)Alternative site selection. The sponsor shall document whether any alternative site have been identified that meet the minimum site requirements of the facility. Where a proposal involves expansion of an existing site, the documentation should indicate why relocation of the facility to another site would be infeasible. (e) Concentration of essential public facilities. In considering a proposal, the city shall examine the overall concentration of these facilities within the city to avoid placing undue burden on any one neighborhood. (f) Public participation. Sponsors shall conduct local outreach efforts with early notification to prospective neighbors to inform them about the project and to engage local residents in site planning and mitigation design prior to the initiation of formal hearings. (g) Proposed impact mitigation. The proposal must include adequate and appropriate mitigation measures for the impacted area and neighborhood. Mitigation measures may include, but are not limited to, natural features that may serve as buffers, other site design Ordinance No. 21- Page 8 of 14 Rev 1 /21 LU FRIAMM elements used in the development plan, and/or operational or other• programmatic measures contained in the proposal. The proposed measures should be adequate to substantially reduce or compensate for anticipated adverse impacts on the local environment. Section 5. Chapter 19.225 Sections is hereby amended to read as follows: Chapter 19.225 CITY CENTER CORE (CC-C)1 Sections: 19.225.010 Office use. 19.225.015 Breweries, distilleries, and wineries. 19.225.020 Retail use. 19.225.030 Retail shopping center, regional. 19.225.040 Entertainment. 19.225.050 Hotel, convention or trade centers. 19.225.060 Parking garages. 19.225.070 Multifamily dwelling units, senior citizen, or special needs housing. 19.225.080 Hospital — Convalescent centers — Nursing homes. 19.225.090 Schools — Day care facilities, commercial. 19.225.100 Government facility, public parks, public transit shelter. 19.225.105 Public transportation facilities. 19.225.110 Public utility. 19.225.120 Personal wireless service facility. 19.225.130 Churches. 19.225.140 Urban agriculture. Section 6. Chapter 19.225 of the Federal Way Revised Code is hereby amended to add a new section 19.225.105 to read as follows: 19.225.105 Public transportation facilities. The following uses shall be permitted in the commercial enterprise (CE) zone subject to the rep,ulations and notes set forth in this section: Ordinance No. 21- Page 9 of 14 Rev 1 /21 LU DRAFT USE ZONE CHART DIRECTIONS: FIRST_ read down to find use_ THEN across for REGULATIONS pRe Minimums uirc Yards Q ►� (� USE CG y Q N � o � .r C r ZONE CC_C SPECIAL REGULATIONS AND NOTES Lilght Rail Process IV, See None 75 ft. above aver ate building elevation 500 Spaces. See notes 13 1. Ifapproved by the director the he's ht ofa structure may exceed 75 R, abov or Commuter Rail Transit 0 ft. 0 ft 0 ft averaec building elevation (AABE), if 4lie increased hei alit is necessary to note 16. accommodate the stnrcturai, equipment. oroperat_ianal needs of ilie use, Except 20 ft, along Single- 2. Building height may noL exceed 75 11. A A B F when_loemed within 100 R. or 14 and Single-family residential zone. Facility Family residential zones AABE See notes 15. 3_ The proposed development will be consistent with the adopted comprehensive plan policies For Ibis zone. 4. Minor and supporting stnsclures constructed as a functionallequirement ot'A 1 and 2 fac, illy may be allowed at the same heielit as the priman, Wow T,yrovided the Di re;ztor q F Coinmunit DevcIo m i ervices determines that the Faeil•ty an anv related s up portin a structures N'd II nOt Si nifican I I Y hD act a i'ae properties, 5. The subicct property must be designed so that_truck parking, loading and maneuvering areas: areas where noise generating outdoor uses and activities may cur: and vents and similar features arc located as Par as Do- ible from anv residential zone, con iomtine residential use. or umum I systems. 6.Thestmets.utilitimand other infrastracture in tllc area must be d�uate to support the proposed development, ? No maeimuin Iot coverage applies. Instead the buildable area will be determined by ❑ther site development iMulalions, i.e., required yards, land seapnlg. surfacc water facilities. etc. S. For meulations perlsining to outdopr use, ae Miv and storage refer to FWR 19.125.170. 9. For community design Quidel ines that appiv to the proiect, sce Cha& 19.115 FWRC. 10For Iand scaping req tirements that apply to the pr(lOgg, see Chapter I9.125 FWRC. 1 1. For sign requirements thal_ggply to the praiect. m4 Chanter 19.140 FWRC. 12 For other pray is ions orLhls chapter that may apply to t11e M. iJ'ccl primp Ly sce, Chapter 19.265_FWRC - 13 A parking study may be submitted to reduce the amount of park iono required to accommodate the patrons of publicly accessible transit station. The director sh l; after consultation wit r he Citv'l'ra#Trc •n ine r make a detemtination ns to whether to approve am�nro ose reduction. 14 Parking must beeeeneraily rucuircc[. and designed for ihs sntailcst footprint that will secammNiate the required rfiinpl na to serve the patrons _ tea pub Iicl accessible transit faciIuy. Up to IW. of Myired parking may be allowed as surface park in order to accommodate limited purpose parkingspaces, Le ADA patkinaces short teen pmkin spaces etc. 15. Reg aired structured arkin %vial be %within 100o feet ortiie station unless otherwise approved by the director. The distance Shall be measured aIang an approved pedestrian path rrom the Stution entrance to the cl sest public pedestrian entrance to the parking ULructure. lG. Project wi I be reviewed as a Cass 1 Esgji tihl P iblic I acility re1' r to FWRC 19.I05.020L2]_ 1 ess i_ 1L Iu and 1V are descrihed m For nllrcr isil'armarinrs ahn�cl Wars;inea�id1rytirkiny:�r�:ig.s+:c CIiarucr 1�.1 :o r•�, Chapter 19.55_EWRC, Winter 19.60 FWRC. F nr details nTrvlial mar excccdllii: Isein liinir_ sec, FWRC 191 10 OSfl cr.-Lem Chanter 1965.rWRC Chanter 19,70 FWRC resp%glivcly. Fyr deniiis tegartline rrnnired yards. sec I WiiC 19.125.1 GO c; set, Ordinance No. 21- Page 10 of 14 Rev 1 /21 LU DRAFT Section 7. Chapter 19.240 Sections is hereby amended to read as follows: Chapter 19.240 CITY CENTER CORE (CC-C)1 Sections: 19.240.010 Manufacturing and production, general. 19.240.020 Warehouse — Distribution — Storage facilities — Truck stops — Automotive emissions testing facilities. 19.240.030 Commercial photography — Communications — Product testing — Industrial laundry facilities. 19.240.040 Hazardous waste treatment and storage — Chemical manufacturing — Gravel batch plant — Transfer station. 19.240.050 Vehicle, boat, equipment, and outdoor storage container sales, rental, service, repair — Self-service storage — Tow and taxi lots. 19.240.060 Retail — Bulk retail. 19.240.070 Retail, general and specialty — Manufacturing and production, limited. 19.240.080 Office uses. 19.240.090 Hotels — Motels. 19.240.100 Business, vocational, trade schools — Day care facilities, commercial — Animal kennels. 19.240.110 Entertainment — Generally. 19.240.115 Breweries, distilleries, and wineries. 19.240.120 Entertainment — Adult entertainment, activity, retail, or use (adult uses). 19.240.125 Public utility. 19.240.130 Government facilities, public parks, public transit shelter. 19.240.135 Public transportation facilities. 19.240.140 Personal wireless service facilities. 19.240.160 Churches. 19.240.170 Urban agriculture. 19.240.180 Group homes. Section 8. Chapter 19.240 of the Federal Way Revised Code is hereby amended to add a new section 19.240.135 to read as follows: 19.240.135 Public transportation facilities. The followiniz uses shall be permitted in the commercial ente rise CE zone subject to the regulations and notes set forth in this section: Ordinance No. 21- Page 11 of 14 Rev 1 /21 LU W:. USE ZONE CHART DIRECTIONS: FIRST, read down to find use . . 'fl_IE_U_: qc_ross for RE_GLIL.A'I.'IOti$ cn p Minimums Required Yards o ZONE CE USE 3 N ro r..°' F xEx Cn g CIS SPECIAL REGULATIONS AND NOTES Light Roil Process IV, See None 50 ft. above averse elevation iAABEI See notes 500 Spaces. See 1. If approved by the director: the height of 5r 5truclure may exceed 50 tl, i3174VC or Commuter Rail Transit Facility 0 ft. 0 ft. 0 ft. average building elevation (AAl3E), if the increased height is necessary �e note 16. accommodate the structural, cnuinment, or operational needs of the use. p .2uildin xA_t n 100te[�tft_of a Along Single- 14 and 15. Single-ramily residential done. 3. The -proposed development will consistent with the a ted eons reitensive pIap polic'tes far 11 ' n0, 4 Mina and supporting structur s Constructed as a functional rcguirement of 3 Family residential zones 1 and 2 faci I i Ly may hp 01[owed at the same het ght as the nrims structure vi ded tits Director of Camnttlnily Development Service s determines that the facility and any related supporting structures will not significantly impact adjacent properties. 5 The eject property must be designed so that truck parking load inrind maneuvering areas: areas when noise genemting owdoor uses and activities occur and vents and similar features are located as far as possible from any _may rssidcntiat zone conforming residcn iai use. or natural systcros_ 6 The strects utilities, and other infnistrugure in the area must be adequate to sunnon the proposed development 7 No maximum lot coverage andies. Instead. the buildable area will be d tennined by other site development regulations. '.c_ re aired yards. landscaping. surface +voter facilities etc 8 FtiviLy and storage. refer to FW ERC 19.125.170. 9. ror =niuniLV deSlan guldeIinas that apply t0 the praieel, see Chapter 19.115 FWRC. l4 For Iundscapine rag pirement that Only to the project. see Chanter 19,125 FWRC. 11. For sign requirements that apply to the proiOct. see Chapter 19.140 FWRC 12 For other nmvisions oFthis chapter chat m gy aapnly to the subject prrL3crty see Chapter 19.265 FWRC. 13, A parking study Wray be stlhmitied Lo reduce the a.moutn of narking required to -lccommodate the patrons of a bIielu v accessible transit. station. The director shall after consultation with [he City Traft'ic Eneincer. make a detcrminatinn as to whether to apnrove any groposed re ugion. 14 Parking must be generally Wile Ltltcd and designed for the smallrAL footp-dr l that will accommodate the required parking to serve the patrons ara publicly a sible transit fa iIit _ L1 to 10% of r uired parkina mnv be allowed as cuTface parking. in order to accommodate limited pumose narking sppa"o, i.e ADA park ine spaces. short term parking spaces c I5Required structured parking will be willtin 1000 feet of the station, U,111css otherwiscapproved by the dircLor. The distance shall be measured along all approved pedcstriatt path from the Station entrance to the c1o��L public edestrian gnirance to the parl<ing slnlcture. 16_ profit will be reviewed as a Class l Cssenliat I'ubiic Facility. refer to FWRC 9.105.020 2 . Process I. 11. 111 and IV amckscribed - For ollte r lafonnation about marl ii>L Ra i>vkine ara15. sec_ChanL�r 9i1�D C WRC. in ' Chapter 19.55 FWRC Chanter 19.60 FWRC, for details ofwhal may escecd this ltcisht Film, see FWRC 19.119.050 ut. su4. clintlicr 19. 5 FWRC et see_ ha c 1970 W lip I ra I t i r ardinere air s FWRC14_I?S.1G4 Ordinance No. 21- Page 12 of 14 Rev 1 /21 LU It I-M Section 9. Severabilit . The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 10. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 11. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 12. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this 2nd day of November, 2021. [signatures to follow] Ordinance No. 21- Page 13 of 14 Rev 1/21 LU wl-If.lvm CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 21- Page 14 of 14 Rev 1 /21 LU V 312th-St St - >f Q S 348t h S vi — Q� �I rI i CO V EXHIBIT - S 304th St + AVY II i-AA f+! co -- • S-312th St _ �`N Y, S 320th St _ vl S 324th St t S )3oth St: mik P. - 05 Q 00 N r« -Ie Ab, vA A Zoning cc-c�t Cm or C= Federal Way Tik15'T�.` i5 3LC6rrQ3f�?� ❑j 'J� a•3f3'tJi6, 3� is �!:'�{� 3 g�CIC'EQ^c5?['�Of'. SOUNDTRANSIT September 10, 2021 James Rogers Senior Planner City- of Federal Way 33325 8th Avenue South Federal Way, WA 98003 EXHIBIT -- 3 Subject: Public Transport Facilities Code Amendment SEPA DNS Comments (City File No. 21-103530-SE) Dear Mr. Rogers: Sound Transit has reviewed the SEPA Determination of Non -Significance (DNS) and Environmental Checklist for the proposed code amendment to allow public transportation facilities in the City Center Core (CC-C) and Commercial Enterprise (CE) zones and associated parking requirements. As you know, project alternatives for Sound Transit's Tacoma Dome Link Extension (TDLE) and Operations and Maintenance Facility South (OMF South) are currently under consideration in their respective Draft Environmental Impact Statements (DEIS) for each project. Portions of the project alternatives are located in the CC-C and CE zones. Additionally, while portions of the Federal Way Link Extension (FWLE) under construction are located in these zones, the project is vested to existing codes for 10 years from the execution of the Development Agreement (City of Federal Way Ordinance No. 19-869/Sound Transit Board Motion No. M2019-65). As such, the SEPA DNS and Environmental Checklist has not been reviewed for potential implications for the FWLE project. Sound Transit provides the following initial comments for consideration based on our review of the SEPA DNS and Environmental Checklist materials: Sound Transit supports the collaborative and proactive effort to streamline permitting by specifying "light rail or commuter rail transit facility" uses as permitted uses in the CC-C and CE zones and clarifying what development standards are applicable to such uses. ■ Would all portions of the TDLE and/or OMF South project in the CC-C and CE zones be affected by the proposed code amendment? Would portions of the TDLE and/or OMF South project outside of the CC-C and CE zones be affected at all by the proposed code amendment? • The proposed definition of "light rail or commuter rail transit facility" is comprehensive. To avoid confusion over applicability of the proposed Central Puget Sound Regional Transit Authority • Union Station 401 S. Jackson St., Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www.soundtransit.org CHAIR Kent Keel University Place Councilmember VICE CHAIRS Dow Constantine King County Excculivc Paul Roberts Everell Councilmember BOARD MEMBERS Nancy Backus Auburn Mayor David Baker Kenmore Mayor Claudia Balducci King County Council Chair Bruce Dammeier Pierce County Executive Jenny Durkan Seattle Mayor Debora Juarez Seattle Councilmember Joe McDermott King County Council Vice Chair Roger Millar Washington Slate Secrclary of Transportation Ed Prince Renton Councilmember Kim Roscoe Fife Mayor Nicola Smith Lynnwood Mayor Dave Somers Snohomish County Executive Dave Upthegrove King County Councilmember Peter von Reichbauer King County Councilmember Victoria Woodards Tacoma Mayor CHIEF EXECUTIVE OFFICER Peter M. Rogoff development standards in the Use Zone Chart, we suggest clarifying that the minimum parking requirements apply only to those transit facilities open to the public and serving transit patrons. • On August 5, 2021, the Sound Transit Board of Directors took action to realign the capital expansion program with a plan that allows the agency to manage the $6.5 billion affordability gap while working to deliver as much of the plan as soon as possible. Part of this action was to delay the delivery and opening of Sound Transit parking projects in the region, including the TDLE South Federal Way Station parking improvements to 2038. The action also included identifying opportunities to deliver flexible, innovative, and affordable ways for people to access transit stations. The impacts of deferred parking and associated mitigation measures will be evaluated in the TDLE DEIS. Is the intent that the standard for minimum 500 parking spaces "generally structured"/maximum 10% surface parking in the proposed code amendment be met on station opening day of service? if so, this will be in conflict with the Board of Director's August 5th action and could impede overall timely project delivery. • The proposed Federal Way Revised Code (FWRC) Sections 19.225.105 Note 13 and 19.240.135 Note 13 address the potential for parking reductions from the minimum 500 parking spaces for "light rail..." How will the proposed code amendment affect, if at all, the processes available for evaluating potential deviations related to timing (phasing of parking), type of parking (structured vs. surface), and footprint of parking (variable per circulation needs, TOD integration opportunities, etc.)? We note that the SEPA Environmental Checklist in most cases states that this amendment is a non -project action and that specific impacts will be evaluated at the project level. However, there are some exceptions within some elements (e.g. regarding structure removal and displacement of people), and we wonder if this is intentional and the reason a distinction is made. We appreciate the opportunity to comment on the SEPA DNS and Environmental Checklist and look forward to learning more about the proposed code amendment and to future collaboration on permit streamlining. Sound Transit staff will follow up with City staff in the near -term to continue our coordination effort. Sincerely, Digitally signed by Karen Karen Ki t s i s Dlate: 2021.09.10 13:40:59 - Karen Kitsis Deputy Executive Director, Office of Capital Project Development cc: Brian Davis, Director of Community Development/SEPA Official, City of Federal Way Ryan Medlen, Sound Transit Liaison, City of Federal Way Elma Borbe, Senior Environmental Planner, Sound Transit Eric Chipps, Senior Transportation Planner, Sound Transit Kimberly Farley, Chief Systems Officer, Sound Transit Kent Hale, Deputy Director — Environmental Planning, Sound Transit Curvie Hawkins, Project Development Director — TDLE/OMF South, Sound Transit Chelsea Levy, HCT Development Director — South Corridor, Sound Transit Gwen McCullough, HCT Development Manager — OMF South, Sound Transit Perry Weinberg, Deputy Executive Director — Environmental Affairs & Sustainability, Sound Transit Gary Yao, Senior Current Planner, Sound Transit Central Puget Sound Regional Transit Authority -.Union Station 401 S. Jackson St., Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www, soundtrans it. org EXHIBIT Federal Wa �f Centered on Opportunity COMMUNITY DEVELOPMENT DEPARTMENT 33325 8'h Avenue South Federal Way, WA 98003-6325 253-835-7000 www. c ilyoffed a ra f way.corn Jim Ferrell, Mayor September 22, 2021 Karen Kitsis Deputy Executive Director Sound Transit: Office of Capital Project Development Central Puget Sound Regional Transit Authority Union Station 401 S. Jackson St., Seattle, WA 98104-2826 Subject: Public Transportation Facilities Code Amendment SEPA DNS Comments (File No. 21-103530-SE) Dear Mrs. Kitsis: Thank you for the comments dated September 10, 2021 provided on the city's SEPA Determination of Non -Significance (DNS) and the related Environmental Checklist for the proposed code amendments allowing public transportation facilities in the City Center Core (CC-C) and Commercial Enterprise (CE) zones. Allow the following to represent responses to those comments. ■ Sound Transit supports the collaborative and proactive effort to streamline permitting by specifying "light rail or commuter rail transit facility" uses as permitted uses in the CC-C and CE zones and clarifying what development standards are applicable to such uses. Response: Noted. • Would all portions of the TDLE and/or OMF South project in the CC-C and CE zones be affected by the proposed code amendment? Response: No, only those facilities that directly serve patrons of the transit system would be affected. Staff have included clarifying language in the proposed code to address this ambiguity. • Would portions of the TDLE and/or OMF South project outside of the CC-C and CE zones be affected at all by the proposed code amendment? Response: No. These proposed amendments are limited to station areas within the CC-C and CE zones. • The proposed definition of "light rail or commuter rail transit facility" is comprehensive. To avoid confusion over applicability of the proposed development standards in the Use Zone Chart, we suggest clarifying that the minimum parking requirements apply only to those transit facilities open to the public and serving transit patrons. Response: The City agrees with this comment and has included language to clarify the intent that the new code language apply only to facilities serving transit patrons. • On August 5, 2021, the Sound Transit Board of Directors took action to realign the capital expansion program with a plan that allows the agency to manage the $6.5 billion affordability gap while working to deliver as much of the plan as soon as possible. Part of this action was to delay the delivery and opening of Sound Transit parking projects in the region, including the TDLE South Federal Way Station parking improvements to 2038. The action also included identifying opportunities to deliver flexible, innovative, and affordable ways for people to access transit stations. The impacts of deferred parking and associated mitigation measures will be evaluated in the TDLE DEIS. Is the intent that the standard for minimum 500 parking spaces "generally structured"/maximum 10% surface parking in the proposed code amendment be met on station opening day of service? If so, this will be in conflict with the Board of Director's August 5th action and could impede overall timely project delivery. Response: The proposed code language does not identify provisions for phasing. The intent of the proposed code is that any transit station serving the public have sufficient parking to serve those patrons upon start of service. There are provisions within the code to allow a proposal for a reduction in the required amount of parking; or, by providing the equivalent parking through other means. This is to avoid negative externalities to the surroundingproperties. The proposed Federal Way Revised Code (FWRC) Sections 19.225.105 Note 13 and 19.240.135 Note 13 address the potential for parking reductions from the minimum 500 parking spaces for "light rail..." How will the proposed code amendment affect, if at all, the processes available for evaluating potential deviations related to timing (phasing of parking), type of parking (structured vs. surface), and footprint of parking (variable per circulation needs, TOD integration opportunities, etc.)? Response: The timing or phasing, type and footprint of parking, would be evaluated with each project proposal during the typical city permittingprocess, and/or as more specifically agreed upon as part of a development agreement. • We note that the SEPA Environmental Checklist in most cases states that this amendment is a non -project action and that specific impacts will be evaluated at the project level. However, there are some exceptions within some elements (e.g. regarding structure removal and displacement of people), and we wonder if this is intentional and the reason a distinction is made. We are simply acknowledging the possibility that with any project there may be the need to remove existing homes or structures, and the possibility of displacing anyone who may reside there. I hope you find these responses helpful. If you would like to discuss them further; or, if you have additional questions, please do not hesitate to let me know. Sincerely, IAAI� James Rogers Senior Planner Cc (sent via email): Brian Davis, Director of Community Development/SEPA Official, City of Federal Way Ryan Medlen, Sound Transit Liaison, City of Federal Way Elma Borbe, Senior Environmental Planner, Sound Transit Eric Chipps, Senior Transportation Planner, Sound Transit Kimberly Farley, Chief Systems Officer, Sound Transit Kent Hale, Deputy Director — Environmental Planning, Sound Transit Curvie Hawkins, Project Development Director — TDLE/OMF South, Sound Transit Chelsea Levy, HCT Development Director — South Corridor, Sound Transit Gwen McCullough, HCT Development Manager— OMF South, Sound Transit Perry Weinberg, Deputy Executive Director — Environmental COUNCIL MEETING DATE: October 19, 2021 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: DRAFT HOUSING ACTION PLAN AND COMMUNITY OPEN HOUSE POLICY QUESTION: Should the Council adopt the draft Housing Action Plan? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Oct. 4, 2021 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Chaney Skadsen, Associate Planner _ DEPT: Community Development Attachments: 1. Staff Report 2. Draft Housing Action Plan Options Considered: 1. Approve the draft Housing Action Plan. 2. Do not approve draft Housing Action Plan and provide direction to staff. MAYOR'S RECOMMENI N: Option 1. Recommend adoption of the draft Housing Action Plan, MAYOR APPROVAL: f DIRECTOR APPROVAL: � 9/23/21 ai' c ncil �, Initial/Date ,47 Initial ate Initialli7at COMMITTEE RECOMMENDATION: I move to forward the draft Housing Action Plan to the October 191h, 2021 business agenda for approval. Greg Baruso, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I recommend approval of the Mayor's recommendation to adopt the draft Housing Action Plan. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 4, 2021 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor Brian Davis, Community Development Director 02- — FROM: Keith Niven, Planning Manager Chaney Skadsen, Associate Planner 0,-y. $W- SUBJECT: Draft Housing Action Plan and Community Open House Financial Impacts: In 2019 the City of Federal Way received a $100,000 grant from the Washington State Department of Commerce to prepare this Housing Action Plan (HAP) through E2SHB 1923. The only cost to the City for the development of the draft Housing Action Plan was the cost of staff hours. The Department of Commerce has created a Housing Action Plan Implementation (HAPI) Grant to facilitate communities' implementation of their HAPs. The Council has authorized the City to apply for a 2021 HAPI grant and approval of the HAP would be necessary for the city to compete for this grant opportunity. Background On July 12, 2021 the draft Housing Action Plan was presented to the Land Use and Transportation Committee and was recommended for adoption to the full council. On July 20, 2021 the draft Housing Action Plan was presented to the full council. Council expressed concern that the public engagement for this project was conducted entirely virtually due to the in -person restrictions caused by the pandemic. Staff was directed to conduct an in - person open house regarding the Housing Action Plan, evaluate and incorporate any public input as appropriate, and return to council committee for further discussion prior to consideration for adoption. Community Oven House On September 161h city staff hosted a Community Open House event at the Federal Way Performing Arts and Events Center. The event was from 4:30PM-7:OOPM and approximately 40 community members attended. The event included informational handouts, large posters with details of each of the proposed strategies, engaging staff and various activities for the public to provide feedback in person. The informational materials used at the Community Open House have been uploaded to the project webpage including fact sheets in English, Spanish, and Korean. Rev. 6/2020 October 4, 2021 Land Use and Transportation Committee Draft Housing Action Plan and Community Open House Page 2 Summary of Feedback Received At the entrance of the Community Open House, staff prompted attendees to place a dot sticker on a map of the city. Of the 40 community members that attended, 33 dots were placed on the map. Of the 33 mapped dots, one was located within an area zoned for mixed -use developments, three were in an area zoned for multi -family, and 29 were located within single-family zones. This engagement activity served as a measure for staff to evaluate the outreach efforts and consider equitable representation while analyzing the feedback received at the event. Throughout the engagement activities several common themes were identified: - Aging generations need housing options to downsize to smaller residences with less maintenance, and improved accessiblility. - The City should make accessory dwelling units easier and cheaper to be developed. - Homeownership options are highly desired, especially for multi -family (condos) and missing middle typologies. - The Commons Mall should be redeveloped and downtown should be more enjoyable and safer for pedestrians and bicyclists. - Housing is too expensive. We need more housing to help with homelessness and rising cost of living. - No more low income/section 8 housing/or apartments. - School impact fees should be lowered and/or change the way payment is collected. All of the above -mentioned themes echo input previously collected in earlier community outreach and public participation opportunities that were used to inform the housing objectives and design of the strategies. As a result, no new strategies suggested or are n e eya ; are proposed in response to the feedback received at the Community Open House. The four housing objectives, eight strategies, and various implementing actions outlined in the HAP were designed to meet the diverse housing needs for all individuals and families across a spectrum of incomes for the Federal Way community. The results of the Community Open House further solidify the understanding that not every individual and household will benefit the same from each strategy, however there is a strategy or strategies within the HAP that will benefit everyone. Policy Ouestion Should the Council adopt the draft Housing Action Plan? Mayor's Recommendation Recommend adoption of the draft Housing Action Plan. COUNCIL MEETING DATE: N/A ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROGRESS UPDATE ON SOUND TRANSIT PROJECTS IN FEDERAL WAY POLICY QUESTION: None. COMMITTEE: Land Use and Transportation Committee CATEGORY: ❑ Consent ❑ City Council Business MEETING DATE: October 4, 2021 ❑ Ordinance ❑ Public Hearing ❑ Resolution ® Other STAFF REPORT BY: Ran Medlen, Sound Transit Liaison DEPT: Public Works Attachments: Staff Report Options Considered: N/A MAYOR'S MAYOR APPROVAL: : N/A COMMITTEE RECOMMENDATION: N/A N/A Council Initial/Date DIRECTOR APPROVAL: Hho't k IniliaVDaw Greg Baruso, Committee Chair Martin Moore, Committee Member Hoang Tran Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 2/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 4, 2021 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor ��� FROM: L EJ Walsh, P.E., Public Works Directgr�" Ryan Medlen, Sound Transit Liaison � " SUBJECT: Progress Update on Sound Transit Projects in Federal Way FINANCIAL IMPACTS: None. BACKGROUND INFORMATION: Staff will present the monthly progress update on the Sound Transit projects in the City of Federal Way. Updates for this month include: Federal Way Link Extension: • General work on clearing and grading will continue along I-5 along with construction of supporting walls for the guideway. The wet season for construction started on October 1st. Kiewit has installed additional wheel wash stations at key work locations in an effort to avoid vehicles tracking mud onto the road and City staff is monitoring their work sites. ■ Utility relocation work by Sound Transit in coordination with Lakehaven is expected to continue until mid -November. The work is to shift a water, sewer, and storm water line to make room for a new column along with roadway restoration after the work is complete. The work will occur at night and shift WB 320th traffic into 1-lane for some of the work nights. • Superstructure construction has started at the location of the future Federal Way Transit Center Light Rail Station. Additional girder deliveries may happen as early as November. • The west parking garage entrance has closed for construction. They are starting with some utility relocations and a new detention vault below the driveway off of 21' Ave S. The garage entrance is expected to be closed through most of 2022 to allow for construction of the parking garage expansion. ON F South: • Sound Transit is expected to release a summary of public comments in November. A preferred alternative selection is expected by the Sound Transit Board at their December 161h meeting. Tacoma Dome Link Extension: • There are no updates since the last LUTC meeting.