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12-05-2022 LUTC PacketCity of Federal Way City Council Land Use & Transportation Committee December 5, 2022 City Hall 5:00 p.m. Zoom Meeting Notice: Pursuant to Governor Inslee's Proclamation 20-28 the Mayor and Council encourage you use one of the following ways to participate in the meeting remotely if you are unable to attend in person: Q WATCH: Click Here to Watch Online Live Streaming Video of the Meeting ® ZOOM: Watch from the Zoom mobile app with meeting: 809 975 640 and passcode: 595617 CALL IN: Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 809 975 640 C PUBLIC COMMENT: Public Comment may be submitted in -person, via email here, or sign-up to provide live comments via zoom here MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT 3. COMMITTEE BUSINESS Topic Title/Description A. Approval of Minutes November 7, 2022 B. S 288t—" St Road Diet — 85% Design Status Report (Phase 1 and 2) & Bid Authorization (Phase 1) C. SW Dash Point Rd & 47th Ave SW Compact Roundabout — Request for Additional Funds D. Pacific Hwy S Non -Motorized Corridor — 85% Design Report E. Citywide Pedestrian Safety Improvements — 85% Design Status Report and Authorization to Bid F. 2020-2021 Neighborhood Traffic Safety Program —Project Acceptance G. Military Road S Preservation Project — 85% Design Status Report and Authorization to Bid H. 215t Ave S and S 320th Signalization and Pedestrian Improvements 85% Design Report I. Target Demolition 1. ORDINANCE: Compost Procurement Per HB 1799 (Organics Management Law) Presenter(s) Page Action Council Date or Info 3 Action N/A Barron 6 Action 01/03/23 Consent Cole 9 Action 01/03/23 Consent Mulkey 12 Action 01/03/23 Consent Huynh 15 Action 01/03/23 Consent Huynh 18 Action 01/03/23 Consent Huynh 20 Action 01/03/23 Consent Smith 23 Action 01/03/23 Consent Walsh 27 Action 01/03/23 Consent Minion 37 Action 01/03/23 ORDINANCE Committee Members Jack Dovey, Chair Jack Walsh, Member Hoang Tran, Member City Staff EJ Walsh, PE,, Public Works Director Sara Gilchrist Administrative Assistant H (253) 835-2700 City of Federal Way City Council Land Use & Transportation Committee December 5, 2022 City Hall 5:00 p.m. Zoom Meeting_ K. ORDINANCE: Chapter 8.43 Weight and Load Regulations Elliott 45 Action 01/03/23 ORDINANCE L. ORDINANCE: Planning Commission Code Amendments Niven 52 Action 01/03/23 ORDINANCE M. ORDINANCE: Iconic Sign Code Amendments Niven 59 Action 01/03/23 ORDINANCE N. Sound Transit Updates Smith 86 Info Only n/a O. Planning for Housing Niven 89 Info Only n/a 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be January 9, 2023 at 5:00 p.m. 6. ADJOURNMENT Committee Members City Staff Jack Dovey, Chair EJ Walsh, P.E., Public Works Director Jack Walsh, Member Sara Gilchrist Administrative Assistant H Hoang Tran, Member (253) 835-2700 November 7, 2022 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 Jack Dovey, Council Member Hoang Tran, and Council Member Jack Walsh. Other Councilmembers in Attendance: Deputy Mayor Susan Honda, Council President Linda Kochmar, and Council Member Erica Norton. Staff in Attendance: Policy Advisor Bill Vadino, Public Works Director EJ Walsh, Public Works Deputy Director Desiree Winkler, Assistant City Attorney Kent van Alstyne, City Traffic Engineer Rick Perez, Community Development Planning Manager Keith Niven, Sound Transit Liaison Kent Smith, Senior Civil Engineer Omar Barron, Civil Engineer Jeff Huynh, and Administrative Assistant II Sara Gilchrist. Citizens Presenting: 1. CALL TO ORDER: 5:00 PM 2. PUBLIC COMMENT: 3. COMMITTEE BUSINESS: Topic Title/Description A. Approval of Minutes: October 3, 2022 Committee approved the October 3, 2022 LUTC minutes as presented. • Moved: Tran • Seconded: Dovey • Passed: 3-0 unanimously B. 27th Ave SW at SW 344th St Compact Roundabout - 85% Design Report & Authorization to Bid Senior Civil Engineer Omar Barron presented the 27th Ave SW at SW 344th St Compact Roundabout for authorization to bid, including background information. Questions and discussion followed. Committee forwarded Option #1 (Authorization to bid.) to the November 15, 2022 Consent Agenda for approval. Moved: Tran Seconded: Walsh Passed: 3-0 unanimously Committee Members Jack Dovey, Chair Hoang V. Tran, Member Jack Walsh, Member City Staff EJ Walsh, P. E., Public Works Director Sara Gilchrist, Administrative Assistant II (253) 835-2706 C. S 348th St NHS Preservation Project - 85% Design Status Report and Authorization to Bid Civil Engineer Jeff Huynh presented the S 348t" St NHS Preservation Project for authorization to bid, including background information. Questions and discussion followed. Committee forwarded Option #1 (Authorization to bid.) to the November 15, 2022 Consent Agenda for approval. • Moved: Tran • Seconded: Walsh • Passed: 3-0 unanimously D. Resolution: Acceptance of Transportation Grant Funding City Traffic Engineer Rick Perez presented the Resolution for Acceptance of Transportation Grant Funding for approval, including background information. Questions and discussion followed. Committee forwarded Option #1 (Approve the resolution.) to the November 7, 2022 Consent Agenda for approval. • Moved: Tran • Seconded: Walsh • Passed: 3-0 unanimously Adaptive Traffic Signal Control — Agreement with King County City Traffic Engineer Rick Perez presented the Adaptive Traffic Signal Control Agreement with King County for approval, including background information. Questions and discussion followed. Committee forwarded Option #1 (Authorization to proceed.) to the November 15, 2022 Consent Agenda for approval. • Moved: Tran • Seconded: Walsh • Passed: 3-0 unanimously Award 2023 Street Sweeping Services Contract Public Works Deputy Director Desiree Winkler presented the 2023 Street Sweeping Services Contract for award, including background information. Questions and discussion followed. Committee forwarded Option #1 (Authorization to award.) to the November 15, 2022 Consent Agenda for approval. • Moved: Tran • Seconded: Walsh • Passed: 3-0 unanimously Committee Members City Staff Jack Dovey, Chair EJ Walsh, P.E., Public Works Director Hoang V. Tran, Member Sara Gilchrist, Administrative Assistant II Jack Walsh, Member (253) 835-2706 G. Contract Increase for Concrete Beveling Services — Trip Hazard Removal Contract Public Works Deputy Director Desiree Winkler presented the Contractor Increase Concrete Beveling Services — Trip Hazard Removal Contract for approval, including background information. Questions and discussion followed. Committee forwarded Option #1 (Authorization to approve.) to the November 15, 2022 Consent Agenda for approval. • Moved: Tran • Seconded: Dovey • Passed: 3-0 unanimously H. TC-3 RFP Community Development Planning Manager Keith Niven presented the Request for Proposals for TC- 3 for approval to release, including background information. Questions and discussion followed. Committee forwarded Option #1 (Authorization to release.) to the November 15, 2022 Business Agenda. • Moved: Tran • Seconded: Walsh • Passed: 3-0 unanimously Project Update on Sound Transit Projects in Federal Way Sound Transit Liaison Kent Smith reported on current activities regarding Sound Transit projects, including details on the current construction sites. Questions and discussion followed. 4. OTHER: 5. FUTURE MEETINGS/AGENDA ITEMS: 6. The next LUTC meeting will be held December 5, 2022 at 5:00 p.m. in City Hall Council Chambers and via Zoom. 7. ADJOURNMENT: The meeting was adjourned at 06:37 p.m. Attest: Approved by Committee: Sara Gilchrist, Administrative Assistant II Date Committee Members Jack Dovey, Chair Hoang V. Tran, Member Jack Walsh, Member City Staff EJ Walsh, P. E., Public Works Director Sara Gilchrist, Administrative Assistant II (253) 835-2706 COUNCIL MEETING DATE: January 3, 2023 ITEM #: P - CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 288TH STREET ROAD DIET - 85% DESIGN REPORT (PHASE 1 & 2) & BID AUTHORIZATION (PHASE 1) POLICY QUESTION: Should the City Council authorize staff to complete design for Phase 1 and Phase 2 of the S 288`h Street Road Diet project, authorize the bid of Phase 1, and authorize staff to return to the LUTC and Council for bid award, further reports, and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Dec. 5, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Omar Barron, PE, Senior Civil Engineer"'- DEPT: Public Works Attachments: 1. Land Use and Transportation Committee memo dated December 5, 2022 Options Considered: 1. Authorize staff to complete the design for Phase 1 and Phase 2 of the S 288`h Street Road Diet project, authorize the bid of Phase 1, and authorize staff to return to the LUTC and Council for bid award, further reports and authorization. 2. Do not authorize staff to complete the design of Phase 1 & 2, nor bid Phase 1, and provide direction to staff. - - - - - - — - -- MAYOR'S RECOMMENDATION: The mayor recommends forwarding Option 1 to the January 3, 2023 City Council Consent AgendgAr approval. MAYOR APPROVAL: I/ .$0 f♦ DIRECTOR APPROVAL' V W-L-t ho't, ommi� c C'Ouncl IniliallDaic COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 3, 2023 City Council Consent Agenda for approval. Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to complete the design for Phase I and Phase 2 of the S 2881h Street Road Diet project, authorize the bid of Phase 1, and authorize staff to return to the L UTC and Council for bid award, further reports and authorization. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERREDINO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, PE, Public Works Director Omar Barron, PE, Senior Civil Engineer �0—e4— SUBJECT: S 288' Street Road Diet — 85% Design Report (Phase 1 & 2) & Bid Authorization (Phase 1) Financial Impacts: The cost to the City for the S 288th Street Road Diet was included within the current approved budget under Public Works Department Capital Project #36238. In accordance with the approved budget, this item is funded by a $2 Million dollar TIB grant, a $1 Million dollar WSDOT Pedestrian & Bicycle Safety grant, $700,000 from Sound Transit haul route fee in -lieu -of restoration, and the remainder with REET funds and Traffic Impact fees. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted during the budget process. Background Information: The primary purpose of this project is to increase safety along the S 288th Street corridor. This will be accomplished by reconfiguring the four (4) existing travel lanes to provide the following: • Single travel lane in each direction • Continuous Two -Way Left Turn lane • Dedicated Bike Lanes • Marked buffer space between vehicles and cyclists • Rectangular Rapid Flashing Beacon (RRFB) enhanced -crosswalks • ADA compliant curb ramps Existing and forecasted vehicle traffic volumes are low enough that the elimination of a travel lane in each direction will not create significant delays in travel time through the corridor. In addition, existing turn lanes at signalized intersections will remain to maintain the flow of vehicle traffic. The following provides a brief synopsis of the progress to date. The project design is approximately 85% complete and includes the following completed tasks: • Topographic Survey • Project design to 85% • Public Outreach Webinar • SEPA Application Ongoing tasks include: Rev. 6/2020 December 5, 2022 Land Use and Transportation Committee S 288t1i Street Road Diet — 85% Design Report & Bid Authorization Page 2 • Project Design to 100% • Contract Specifications • Right -of -Way Acquisition (Phase 2) • SEPA Approval • Utility Coordination • Sound Transit Coordination Financial Summary: PROJECT ESTIMATED EXPENDITURES: Design $ 560,000 Right -of -Way $ 60,000 Construction Contract $ 3,090,000 Construction Contingency $ 300,000 Construction Mgmt. & Inspection $ 490,000 TOTAL ESTIMATED EXPENDITURES $ 4,500,000 AVAILABLE FUNDING: TIB Grant (State) $ 2,000,000 Bike & Ped. Safety Grant (State) $ 1,000,000 Restoration Fee -in -Lieu (Sound Transit) $ 700,000 Mitigation/Traffic Impact Fees $ 400,000 Real Estate Excise Tax $ 400,000 TOTAL AVAILABLE FUNDING $ 4,500,000 COUNCIL MEETING DATE: January 3, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SW DASH POINT RD & 47r" AVE SW COMPACT ROUNDABOUT - REQUEST FOR ADDITIONAL FUNDS POLICY QUESTION: Should the Council authorize an increase of $100,000.00 to the maximum contract amount for Sound Pacific Construction, LLC and also authorize a transfer of $100,000.00 from the Transportation Capital (306) fund to the SW Dash Point Rd & 47'i' Ave SW Compact Roundabout Project (Project #36217)? COMMITTEE: Land Use and Transportation MEETING DATE: December 5, 2022 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Cole, Civil Engineer �t DEPT: Public Works Attachments: L Land Use and Transportation Committee memorandum dated December 5, 2022 Options Considered: 1. Authorize an increase of $100,000.00 to the maximum contract amount for Sound Pacific Construction, LLC and also authorize a transfer of $100,000.00 from the Transportation Capital (306) fund to the SW Dash Point Rd & 47" Ave SW Compact Roundabout Project (Project #36217). 2. Do not approve an increase to the maximum contract amount for Sound Pacific Construction, LLC and do not authorize a transfer. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: I J DIRECTOR APPROVAL: � 1I-I^ I Cq ee Council >'r [nitial/Date ]nisi u ini[iai Da COMMITTEE RECOMMENDATION: I move to forward the proposed Option I to the January 3, 2023 consent agenda for approval. Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize an increase of $100,000.00 to the maximum contract amount for Sound Pacific Construction, LLC and also authorize a transfer of $100, 000.00 from the Transportation Capital (306) fund to the SW Dash Point Rd & 471h Ave SW Compact Roundabout project (Project 436217). " _ (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— 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director John Cole, Civil Engineer SUBJECT: SW Dash Point Rd & 47' Ave SW Compact Roundabout - Request for Additional Funds Financial Impacts: The cost to the City for SW Dash Point Rd & 47th Ave SW Compact Roundabout project was included within the approved budget under the Public Works Department Capital Project #36217. In accordance with the approved budget, this item is funded by a federal City Safety grant in the amount of $1,369,628.00 and Transportation Capital (306) funds. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. This increase in the maximum contract amount for the SW Dash Point Rd & 47th Ave SW Compact Roundabout will require a transfer from the Transportation Capital (306) fund in the amount of $100,000.00. The 306 Fund currently has over $1.5 Million in unallocated fund balance primarily made up of restricted Real Estate Excise Tax (REET) and Transportation Impact Fee (TIF) Funds. Background Information: The 47th and Dash Pt Rd Roundabout Project serves as a countermeasure to the fatal and serious injury collision history at this intersection. The City Council approved the award of this contract to Sound Pacific Construction, LLC on July 1, 2021, and authorized a maximum contract amount of $1,162,840.80. Construction costs exceeded the approved maximum contract amount primarily due to overuns of backfill, safety curbing, failed storm pipe discovered during construction, additional tree removal to provide safe sight distance, and traffic control. The estimate for additional work is $100,000. Funding Summary: Project Expenditures Design Original Construction Cost Contingency Construction Management Construction Cost Overruns $ 212,195.00 $ 1,057,128.00 $ 105,712.80 $ 178,500.00 $ 100,000.00 Rev. 6/2020 December 5, 2022 Land Use and Transportation Committee Subject — 47r' and Dash Pt Rd Roundabout Request for Additional Funds Page 2 $ 1,653,535.80 Proiect Revenues Federal HSIP Grant $ 1,369,628.00 City — Transportation Capital (306) Fund $ 183,907.80 City — Transportation Capital (306) Fund — requested $ 100,000.00 $ 1,653,535.80 COUNCIL MEETING DATE: January 3, 2023ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PACIFIC Hwy S NON -MOTORIZED CORRIDOR - 85% DESIGN REPORT POLICY QUESTION: Should the City Council authorize staff to proceed with the design of the Pacific Hwy S Non -Motorized Corridor project and return to the LUTC and Council at 100% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation MEETING DATE: Dec. 5, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution t�,� El Other STAFF REPORT BY: JOHN MULKEY. RE,, SENIOR CIVIL ENGINEE� g Y t DEPT: Public Works Attachments: 1. Land Use & Transportation Committee Memorandum dated December 5, 2022 Options Considered: 1. Authorize staff to proceed with the design of the Pacific Hwy S Non -Motorized Corridor project and return to the LUTC and Council at 100% design completion for further reports and authorization. 2. Do not authorize staff to proceed with this protect and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the January 3, 2023 City Council consent agenda for approval. MAYOR APPROVAL: U6.;■ if Initial/Date DIRECTOR APPROVAL: -Z� 'Lg I'ZDZI- 0%— InitiallDwe COMMITTEE RECOMMENDATION: I move to forward the proposed Option 1 to the January 3, 2023 consent agenda for approval. Jack Dove , Committee Chair Jack Walsh, Committee Member Hoana Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the design of the Pacific Hwy S Non -Motorized Corridor project and return to the LUTC and Council at 100% design completion for further reports and authorization. " (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 — 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director`W John Mulkey, P.U.. Senior Civil Engineer j itM SUBJECT: Pacific Hwy S Non -Motorized Corridor - 85% Design Report Financial Impacts: The cost to the City for Pacific Hwy S Non -Motorized Corridor project was included within the approved budget under Public Works Department Capital Project #36219. In accordance with the approved budget, this item is funded by federal STPUL grant, two federal CMAQ grants, a WSDOT Safe Routes to School grant, Traffic Impact fees and REET funds. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: This project provides a non -motorized shared -use path along the Pacific Highway S corridor, from S 308th Street to S 288th Street. The improvements will consist of a path, that for portions of the alignment will be located within the right-of-way along 16th Ave South, including a segment located within the partially unopened right-of-way along 16th Ave S, north of Dash Point Rd. The improvements will include pathway surfacing, minor grading, storm water infrastructure, illumination, and retaining walls. The project will be constructed in two phases. The following provides a brief synopsis of the progress on this project to date. Currently the project design is approximately 85% complete, which includes the following completed tasks: • Topographic Survey • Alternatives Analysis • Project Design to 85% • WSDOT Coordination • Neighborhood Meetings • Project Open House • Right -of -Way Plan Preparation • NEPA/SEPA Application & Approval ■ Preliminary Contract Specifications Ongoing tasks include • Utility Coordination • Final Contract Specifications • Project Design to 100% ■ Right of Way acquisition Rev. 6/2019 Proiect Costs• Estimated Expenditures Design $ 940,000 Right -of -Way $1,365,000 Construction Phase 1 $1,920,500 Construction Contingency $ 288,000 Construction Mgmt & Inspection $ 376,500 $2,585,000 Construction Phase 2 $2,842,000 Construction Contingency $ 426,500 Construction Mgmt & Inspection $ 526,500 $3,795,000 Total Estimated Expenditures $8,685,000 Available Fundin Grant (Federal — STPUL) $ 550,000 Grant (Federal — CMAQ) $ 725,000 Grant (Federal — SRTS) $1,835,000 Grant (Federal — CMAQ) $3,600,000 Real Estate Excise Tax $ 973,000 Fuel Tax $ 493,000 Mitigation/Traffic Impact Fees $ 509,000 Total Available Budget $8,685,000 As the design proceeds, estimated costs will be refined. Phase I of the project is expected to go out to bid Spring 2023 after completion of the Right of Way acquisition. The project will be brought back to Committee and Council for approval to advertise at that time. Phase 2 construction is currently scheduled for 2026. COUNCIL MEETING DATE: January 3, 2023 ITEM #: e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITYWIDE PEDESTRIAN SAFETY IMPROVEMENTS — 85% DESIGN STATUS REPORT AND AUTHORIZATION TO BID POLICY QUESTION: Should the City Council authorize staff to complete the design and bid the Citywide Pedestrian Safety Improvements and return to LUTC and Council for bid award, further report, and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 5, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff guynh, Civil Engineer �� DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated December 5, 2022. Options Considered: 1. Authorize staff to complete the design and bid the Citywide Pedestrian Safety Improvements and return to LUTC and Council for bid award, further report, and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the January 3, 2023 City Council consent agenda for approval. MAYOR APPROVAL: m d 214 A DIRECTOR APPROVAL: mit Cuu +1 Initial/Date Initialrl to Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the January 3, 2023 consent agenda for approval. Jack Doves, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to complete design and bid the Citywide Pedestrian Safety Improvements and return to LUTC and Council for bid award, further report, and authorization. " (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 — 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Jeff Huynh, Civil Engineer S%k SUBJECT: Citywide Pedestrian Safety Improvements — 85% Design Status Report and Authorization to Bid Financial Impacts: The cost to the City for the Citywide Pedestrian Safety Improvements was included within the approved budget under the Public Works Department, Capital Project #36234. In accordance with the approved budget, this item is funded by federal HSIP grant and the remainder from Motor Vehicle Fuel Tax (MVFT). Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements from operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: This project provides installation of rectangular rapid flashing beacons (RRFBs), and median refuge islands at 8 locations throughout the City of Federal Way. Also included is associated ADA and utility work, pavement marking removal, sign post removal, relocation, or replacement as needed. The following provides a brief synopsis of the progress on this project to date. Currently the project design is approximately 85% complete, which includes the following completed tasks: Progress to Date • Preliminary Contract Specifications s Geotechnical Investigation 85% Project Design Ongoing Tasks ■ Utility Coordination ■ 100% Project Design ■ Final Contract Specifications Rev 6/2020 December 5, 2022 Land Use and Transportation Committee Citywide Pedestrian Safety Improvements Page 2 Financial Summary: Estimated Expenditures: Design $335,997 Construction $1,114,000 Contingency (10%) $111,000 Construction Management and Inspection $175,000 Total Project Costs $1,735,997 Available Funding: Grant — Highway Safety Improvement Program (HSIP) $1,447,997 Fund 102 - Motor Vehicle Fuel Tax (MVFT) $288,000 Total Project Costs $1,735,997 Staff anticipates bidding this project Spring 2023 and construction begins summer 2023. COUNCIL MEETING DATE: January 3, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2020-2021 NEIGHBORHOOD TRAFFIC SAFETY PROGRAM — PROJECT ACCEPTANCE POLICY QUESTION: Should the city Council accept the 2020-2021 Neighborhood Traffic Safety Program constructed by Pac West Paving DBA Tony Lind Paving, LLC., as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 5, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh, Civil Engineer?nk DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated December 5, 2022. Options Considered: 1. Accept the 2020-2021 Neighborhood Traffic Safety Program constructed by Pac West Paving DBA Tony Lind Paving, LLC. as complete. 2. Do not accept the 2020-2021 Neighborhood Traffic Safety Program constructed by Pac West Paving DBA Tony Lind Paving, LLC., as complete. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the January 3, 2023 City Council consent agenda for approval. MAYOR APPROVAL��Init��iial/D.le If DIRECTOR APPROVAL: tz"" I I I iq I�Zt CamC'auncil �„_ InitiallQaic InittalMm e COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 3, 2023 consent agenda for approval. Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoanc Tran. Committee Member MENNEEMEMEEM PROPOSED COUNCIL MOTION: "I move to accept the 2020-2021 Neighborhood Traffic Safety Program constructed by Pac West Paving DBA Tony Lind Paving, LLC., as complete. " (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— I/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Jeff Huynh, Civil Engineer SUBJECT: 2020-2021 Neighborhood Traffic Safety Program — Project Acceptance Financial Impacts: The cost to the City for 2020-2021 Neighborhood Traffic Safety Program was included within the approved budget. This item is funded $30,000 annually from 101 Fund Street Operations budget and $30,000 annually from 102 fund (MVET and REET). Additional funds for on -going operation and maintenance is included in the Streets Operations budget. Background Information: This project included discretionary work services such as installing traffic calming devices, speed humps, speed tables, extruded curbs, painting, and traffic circle islands. The City Council approved the award of this contract to Pac West Paving DBA Tony Lind Paving, LLC., on March 17, 2020 and approved a maximum contract amount of $66,000.00. Additional funds were approved by Council on February 15, 2022 for an updated maximum contract amount of $120,000.00. Prior to the release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet the requirements of the State Department of Revenue, Employment Security, and Labor & Industries. The 2020-2021 Neighborhood Traffic Safety Program, constructed by Pac West Paving DBA Tony Lind Paving, LLC is complete. The final construction contract amount is $79,955.54. This is $40,044.46 below the authorized maximum contract amount. Rev. 6/2020 COUNCIL MEETING DATE: January 3, 2023 ITEM #: &- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MILITARY ROAD S PRESERVATION PROJECT — 85% DESIGN STATUS REPORT AND AUTHORIZATION TO BID POLICY QUESTION: Should the City Council authorize staff to complete design and bid the Military Road S Preservation Project and return to LUTC and Council for bid award, further report, and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 5, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff HI!,ynh, Civil En ineer?u _— DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated December 5, 2022. Options Considered: 1. Authorize staff to complete design and bid the Military Road S Preservation Project and return to LUTC and Council for bid award, further report, and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the January 3, 2023 City Council consent agenda fyppproval. MAYOR APPROVAL: r t IRECTOR APPROVAL: v I I I?Al-z� Cntnmil Cs ntifjy�.r� itiol�I]ate Iniliallp r InitiaUDate `/ //"" �r COMMITTEE RECOMMENDATION: I move to forward Option I to the January 3, 2023 consent agenda for approval. Jack Dovev, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to complete design and bid the Military Road S Preservation Project and return to L UTC and Council for bid award, further report, and authorization. " (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- 1/2022 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Jeff Huynh, Civil Engineers" SUBJECT: Military Road S Preservation Project — 85% Design Status Report and Authorization to Bid Financial Impacts: The cost to the City for Military Road S Preservation Project was included within the approved budget under the Capital Improvement Plan for Transportation Systems, Project #36236. In accordance with the approved budget, this item is funded by a federal grant in the amount of $600,000 and $650,000 from the Arterial Street Fund (102). Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through street maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: This project provides improvements of Military Road S (South City Limits to S 3201h St) of an HMA overlay including upgrade of facilities to meet ADA standards, pavement repair, and pavement markings. The following provides a brief synopsis of the progress on this project to date. Currently the project design is approximately 85% complete, which includes the following completed tasks: Progress to Date Preliminary Contract Specifications Project Design to 85% NEPA Application & Approval Ongoing tasks include: • Utility Coordination r 100 % Project Design • Final Contract Specifications Project Estimated Expenditures Design $ 50,000 Construction Contract $1,000,000 Construction Contingency $ 50,000 Construction Management & Inspection $ 150,000 Estimated Total Project Costs $1,250,000 Rev 6/2020 December 5, 2022 Land Use and Transportation Committee Military Road S Preservation Project — 85% Design Status Reportand Authorization to Bid Page 2 Project Available Funding Federal STP Grant $ 600,000 Fund 102 (Motor Vehicle Fuel Tax) S 650.000 Total Available Budget $1,250,000 The total project costs will be refined and presented to the Committee and Council for bid awards. Staff anticipates bidding this project in February 2023 and construction begins summer 2023. COUNCIL MEETING DATE: January 3, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 21sT AVE S AND S 320T" SIGNALIZATION AND PEDESTRIAN IMPROVEMENTS 85% DESIGN REPORT POLICY QUESTION: Should the City Council authorize staff to proceed with design of the 2 1 " Ave S and S 3201h Signalization and Pedestrian Improvements and return to LUTC and Council at 100% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 5, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kent Smith, P.E., Sound Transit Liaison DEPT: Public WorksL Attachments: LUTC Memo dated Decmber 5, 2022 Options Considered: 1. Authorize staff to proceed with design of the 21s� Ave S and S 3201h Signalization and Pedestrian Improvements and return to LUTC and Council at 100% design completion for further reports and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: lnitiaWate DIRECTOR APPROVAL: cc lniliallfJatc COMMITTEE RECOMMENDATION: I move to forward Option I to the January 3, 2023 consent agenda for approval. Jack Dovey, Committee Chair Jack Walsh, Committee Member Fioang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with design of the 21" Ave S and S 3201" Signalization and Pedestrian Improvements and return to the LUTC and Council at 100% design completion for further reports and authorization. " (BELOW TO BE COMPLETED BYCITY CLERKS 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: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works DirectoF ' Kent Smith, P.E., Sound Transit Liaison SUBJECT: 21s1 Ave S and S 320' Signalization and Pedestrian Improvements 85% Design Report Financial Impacts: The cost to the City for the 21st Ave S and S 320th Signalization and Pedestrian Improvements was included within the approved budget under the Public Works Department, Capital Project 436225. In accordance with the approved budget, this item is funded by a grant through Sound Transit 3 and the System Access Program and LIFT funds. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: This project provides a new signal for protected east and westbound left -turning movements and a protected pedestrian crossing of S 3201h Street. With the eventual completion of the Federal Way Link extension and the Federal Way Transit Center Station, pedestrian traffic is expected to increase requiring improved pedestrian crossings across S 320th St. The following provides a brief synopsis of the progress on this project to date. Currently the project design is approximately 85% complete, which includes the following completed tasks: • Topographic Survey • Geotechnical Investigation ■ Lighting Analysis • Stormwater Memo • Project Design to 85% • Preliminary Contract Specifications ■ Traffic Signal Draft Report Ongoing tasks include: • Utility Coordination • Right -of -Way Acquisition • Traffic Report Rev 6/2019 December 5, 2022 Land Use and Transportation Committee 2 1 " Ave S and S 32011 Signalization and Pedestrian Improvements Page 2 Funding SummarX Proiect Estimated Exnenditures: Design $ 320,000 Right -of -Way $ 190,000 Construction Contract $ 959,000 Contingency $ 96,000 Construction Management & Inspection $ 155,000 Total Project Costs $ 1,720,000 Proiect Available Fundin Sound Transit System Access Grant $ , 730,000 REET $ 345,000 Mitigation / Traffic Impact Fees $ 340,000 LIFT funds $ 305,000 Total Project Costs $ 1,720,000 Staff will bid this project after right-of-way acquisition is complete, currently anticipated to be July 2023. December 5, 2022 Land Use and Transportation Committee 2111 Ave S and S 32011 Signalization and Pedestrian Improvements Page 2 COUNCIL MEETING DATE: January 3, 2023 ITEM #: i CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: DEMOLITION OF FORMER TARGET BUILDING — AUTHORIZATION TO BID POLICY. QUESTION: Should Council authorize staff to solicit bids for the demolition of the former Target Building using ARPA funding? COMMITTEE: Land Use and Transportation MEETING DATE: December 5, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: EJ Walsh, PE `� DEPT: Public Works Attachments: 1. Staff Report 2. Report on Feasibility of Building Demolition Options Considered: 1. Authorize staff to solicit bids for the demolition of the former Target Building using ARPA funding, returning for authorization to award the project to the lowest responsive, responsible bidder. 2. Do not approve staff to solicit bids and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. 2D- -L COMMITTEE RECOMMENDATION: I move to forward the proposed Option 1, authorize staff to solicit bids for the demolition of the former Target Building using ARPA funding, returning for authorization to award the project to the lowest responsive, responsible bidder to the January 3, 2023 consent agenda for approval. Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to solicit bids for the demolition of the former Target Building using ARPA funding, returning for authorization to award the project to the lowest responsive, responsible bidder. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFF/CE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, PE, Public Works Director SUBJECT: Demolition of former Target building — Authorization to Bid Financial Impacts. Demolition of the former Target Building, estimated at $600,000 was included in the previously presented and Council discussed ARPA funding priorities. No General Fund expenditures are proposed. The City routinely incurs costs associated with inspecting, mitigating vandalism and graffiti, completing abatement work, and re -securing the building. These ongoing costs, outlined below, would be primarily eliminated with the demolition of the building. Background Information: During the ARPA discussion, Council requested that prior to approving the Authorization to Bid the demolition of the former Target building, Public Works first have an Appraisal Firm review the impacts to the expected property price if the building were to be demolished and then the property sold verse selling the property with the building remaining in its current state. Second, Council requested a summary of the ongoing incurred costs associated with the building. As background, the building was originally constructed as a tilt up precast concrete building with a steel wire truss roof. The rooftop air handling units (AHUs), the electrical wiring, both inside and out, plumbing system, and communication systems were all either stolen or destroyed, prior to the City purchase. In 2014, the City purchased the former Target parcel. At that time the building had been repeatedly vandalized and both the building and surrounding property was in disrepair. Upon purchase, the City cleaned up the outdoor portion of the property, removed garbage, cleared overgrown landscaping, trimmed trees, secured the building, etc. Since the purchase, the City has looked at re -use several times, as well as reviewed the building with multiple developers looking to redevelop some or all of the parcel. Based on the extent of damage and the construction methods, all of the scenarios have determined that the building is not salvageable and it is more economically feasible to raze it and start over verse trying to rehabilitate it. Rev. 6/2020 December 5, 2022 Land Use and Transportation Committee Demolition of Former Target Building — Authorization to Bid Page 2 Impacts to Property Pricinp- Following the ARPA discussion of Council, Public Works contracted with McKee Appraisal Real Estate Services & Consulting, Inc. to complete the Council requested analysis. They have provided analysis services to the City for this parcel in the past when the City has reviewed various other options. In summary of their findings: The market value of the former Target property will be increased by no less than the market cost to demolish the property. Their analysis looked at the impact of demolition on both the value of the property as well as a method to reduce risk to a future purchaser, making the parcel more marketable to potential buyers. The report also acknowledges that at the time of the City's purchase of the parcel (2014) the demolition cost was $250,000. In 2019 as part of a different analysis McKee performed for the City, the demolition cost was estimated at $385,000. Today's estimate for the demolition is $600,000. All three estimates include the same scope of work, demolishing the building and leaving the building footprint as a gravel lot, removing the light poles, however no removal of the existing paved areas, curbs, or landscaping. The full report is attached. Summary of Ongoing Costs Multiple City departments are routinely involved in the continual abatement of the former Target parcel, including: Parks, Police, Public Works, Community Development (Graffiti abatement and shopping carts). In general, the various roles include: Parks — Regular inspection of the property and building exterior, securing the building, trash abatement around the building/parking area, landscaping, mowing Police — Providing security to onsite City staff, interfacing with anyone found on the property, clearing the building when we find it has been opened, offering connection with social services to anyone found onsite Public Works — Assisting Parks, trash abatement along the streets and parking areas, landscaping and mowing along S 316th St and 23`d Ave S Community Development (Graffiti abatement and shopping carts) — Regular inspection of the building exterior, painting over graffiti, removal of abandoned shopping carts In general, for the purpose of a summary analysis the level of effort required can be broken into weekly, monthly and quarterly frequencies. December 5, 2022 Land Use and Transportation Committee Demolition of Former Target Building — Authorization to Bid pace I Dept - Task Times Weekly total hours*) Times Monthly total hours* Times Quarterly total hours*) Parks — Inspection 1 3 Parks — Trash abatement 2(8) Parks — landscaping 1(2) Parks — mowing 1 2 Parks — securing building 2 16 Police 3 8 Public Works — Assisting Parks 1 (16) Public Works — Trash abatement 1 (2) Public Works — Landscaping 1 12 Public Works — Mowing 1 4 Community Development - Inspection 1 (1) Community Development — Graffiti abatement / shopping carts 1 (6) 1 (12) * Total hours is inclusive of average number of staff multiplied by average time spent. IE for a 2-hour task that takes 2 staff, the total hours is 4. Weekly Monthly Quarterly Total Hours 1 14 38 40 To provide a conservatively low summary cost estimate, a benefited hourly rate of a Maintenance Worker 2 was used ($46.65/hr) to determine the costs below. Much of the above work is conducted by employees at a higher pay scale. Additionally, no material costs (cost of disposal, paint, materials to re -secure the building, etc. have been included). Quarterly the City is spending a combined average of 322 hours, equating to $15,021. Annualized, that equates to approximately $60,000 in labor cost. 0 McKee Appraisal Real Estate I Consulting November 15, 2022 E J Walsh Director of Public Works City of Federal Way 33325 8th Ave S Federal Way, WA 98003 Regarding: Feasibility of Building Demolition Former Target Property 2141 S. 314th Street Federal Way, Washington Dear Mr. Walsh: At your request and authorization, I have prepared this consulting report outlining my findings and opinions regarding the proposed building demolition referenced above. Overview The City of Federal Way owns a tax parcel totaling 243,933 sf of land area, or about 5.6 acres. There is one building on the subject site which is a 98,309-sf masonry big box store with an additional- 3,600 sf office mezzanine. The building was built in 1998 of masonry block construction and has been vacant for some time. The building has been damaged and vandalized, including removal of copper improvements. The building does not contribute to the underlying property value, and the highest and best use for the property is removal of the building and redevelopment to the highest and best use. The City plans to eventually sell the property. The City is considering demolishing the building in the near future. The issue at hand is the economic feasibility and prudence of potential demolition of the building by the City. The demolition of the vacant and vandalized building structure would be at some cost, and the question is whether the property would increase in value as a result of the expenditure, and if so whether the increase would be commensurate with the cost. This is a topic in which I have considerable experience and expertise as a result of my practice and past valuation assignments. I frequently analyzed the cost and value impact of demolition of commercial buildings. I am familiar with subject the property, and the scope of my work for the City includes a brief analysis of the issues, and transmission of this brief letter outlining my experience and findings relative to the subject property. The work does not include any specific valuation, and is not an appraisal but rather is consulting work as defined under the Uniform Standards of Professional Appraisal Practice. 1200 6th Avenue, Suite 1805, Seattle, Washington 98101 Tel:206.343.8909 1 www.msreal.com I Fax:206.386.5777 Consulting Regarding Building Demolition Former Target Property November 15, 2022 Page 2 Demolition of the Building The building itself is physically damaged, unoccupied, and functionally obsolete. The property was originally purchased by the City in November 2014 for land value, with the buyer intending to demolish the building, with demolition cost at the time estimated at about $250,000. Our company appraised the property for the City in 2019, at which time demolition cost was estimated at $385,000. Today the cost estimate is about $600,000, or about $6/sf of building area which is fairly consistent with indications from comparable situations. Most of the increase in estimated demolition cost can be attributed to cost escalation (for instance the Mortenson Cost Index for commercial construction in the Seattle area is up 32% from 2020 to 2022). The Impact of Demolition on the Value of Property A knowledgeable potential buyer of the subject property will examine the property carefully in conjunction with establishing an offer price. The buyer will be planning to purchase the property, plan for the redevelopment of the property (including land use planning, and planning/permitting for building construction), then constructing the redeveloped improvements. Commonly the buyer will perform a detailed financial analysis of cost, and eventual value. Costs are sequenced and estimated, including planning costs, holding costs, demolition cost and new building construction cost. Demolition of obsolete buildings is common and frequent in conjunction with site purchases for redevelopment. There is no question that a buyer of a similar property with the- building demolished will not need to later incur a demolition cost, and therefore will pay a higher price for the property. The question at hand is how much the net value of the property would be increased if the demolition occurs before sale of the property - will the value of the property be increase by less, more, or about the same amount as the cost of the demolition. If the value is increased by as much or more, than demolition by the seller is economically feasible. . Several factors are relevant and should be analyzed, as follows: Constniction cost saving to a purchaser First and most obviously, a buyer of the property is willing to pay more if they have a lower cost of development (or redevelopment). For valuation purposes this is essentially a dollar -for - dollar relationship; the value of the property once construction is complete will be the same, so any cost saved in construction shows up on the bottom line as additional value of the same McKee Appraisal Real Estate Services & Consulting, Inc. Consulting Regarding Building Demolition Former Target Property November 15, 2022 Page 3 amount when the development property is first purchased. Notwithstanding the complex but relatively minor nuances of discounted cash flow and return analysis (including for instance the cost of capital, sequencing and timing of demolition, operating expenses incurred during the planning period as discussed below, and risk -adjustment to required return rates relative to ownership for some time of any empty building), a buyer is willing to pay a dollar more for the site for every dollar they save on demolition. In an environment where tight labor and material costs have led to very significant construction cost inflation, planning and site preparation costs (including demolition) are frequently front -loaded in the development process, so the discounting of a future cost of demolition (unknown but likely higher than today) is not a significant factor in the value analysis for the site, and a saved demolition cost drops through as a direct and roughly equivalent increase in the value of the property to be purchased. Operating and capital cost saving to a purchaser A development cash flow analysis will account for holding cost throughout the development timeline. For a building prior to demolition those costs may include minor essential maintenance, utilities, insurance, the cost of physically securing the property (with secure fencing, window boarding, entry and roof security for instance), and security services as an operating expense. The security problem and cost for vacant buildings in the Seattle area can be particularly problematic and has become increasingly apparent, largely as a result of extensive homelessness and an apparent rise in lawless activities that are best hidden from sight. The recent history of the subject itself is a case example of the cost and liability that may be incurred by the owner of an unoccupied building (please note however that this demolition analysis focuses on the value to a buyer at the time of purchase, and not to the additional benefit of the cost savings to the City in advance of sale). From a buyer perspective, the sooner the building is demolished the lesser these costs and risks will be incurred. A purchaser of a property with the building already demolished will not only save the demolition cost, they will also receive a property without additional holding costs, a positive valuation factor beyond just the cost of demolition savings. Finally, they will save the cost of investigating the building before purchase, and planning cost associated with obtaining a demolition permit. (folding cost saving to a purchaser A development cash flow analysis will account for holding cost throughout the development, including significantly the cost of equity or debt capital that is expended on the date of purchase. For this and other reasons, developers will normally plan to begin construction as soon as possible, including beginning planning and permitting even before closing for instance. A property with a building has complication compared to a vacant land parcel, including the time needed for planning and permitting the demolition itself, and including environmental site investigation that may be required to be performed under the building after demolition (or McKee Appraisal Real Estate Services & Consulting, Inc. Consulting Regarding Building Demolition Former Target Property November 15, 2022 Page 4 alternatively a higher environmental investigation cost if the building is mi -place at the time of purchase, with some direct cost saving if the building is not present and the investigation can be performed before purchase). Under any circumstance the development site without a building needing demolition is closer in situation and time to redevelopment. The earlier redevelopment will normally result in a much higher value for the purchaser discounted cash flow or other value analysis, saving holding/capital/opportunity cost and also mitigating market risk (subject to the risk discussion below), and resulting in a higher value at the time of purchase. Dimirlislzed risk to a purchaser A purchaser's cash flow value analysis will account for higher risk with a higher discount rate, debt rate, or equity capital. rate. Higher rates will lower cash flow and/or value. Conversely, buyers will pay more for properties with lesser risk, assuming all other factors are equal. The presence of a large building requiring demolition prior to redevelopment increases the risk and lowers the value of the initial site investment. First, as discussed above the time to plan and begin to construct will normally be shorter without the additional process of demolition, meaning that the earlier construction completion will slightly lower the risk of changing market conditions, which increase over time. Also, the risk of unapparent conditions leading to cost overruns (often accounted for as "contingency" costs) also diminishes without the demolition phase of the construction. Simply stated the buyer of a vacant site perceives a simpler and less risky development process than the buyer of a site with a large building, and will pay somewhat more for the property due to the diminished investment risk. Conclusions Normally, appraisers and purchasers of development property will account dollar -for -dollar for discrete cost saving issues such as building demolition cost. My common practice with similar situations is to first value the property as if vacant, and then subtract the estimated cost (hard cost with contingency at a minimum, with owner effort or cost also frequently accounted in addition), to arrive at the value "as -is", or what it would sell for with the condition present at sale. An example for instance is our company's appraisal of the subject property in 2019, with a stated estimate for demolition at $385,000: Former Parcel 1 arset API _92104901 Land Area 243,993 Laad Value sf Urtencumbued $39 Land Value Unencumbered $9,515.727 Less Demolition of Target Building -S385.000 Less ResidtntialConstructonFee -S187.50 Value Refore Consider OEk Buyout S8943,227 McKee Appraisal Real Estate Services & Consulting, Inc. Consulting Regarding Building Demolition Former Target Property November 15, 2022 Page 5 (Note that this was not the final appraised value but a subtotal, as there were other complicating conditions also considered). As can be seen the analysis is lowered by the $385,000 demolition cost, recognizing that a buyer will incur the necessary cost to demolish, and that the value that would otherwise be present is diminished commensurate with the cost. Turning this around ,to today's situation, it is my opinion based on this analysis and my experience with other similar situations and transactions, that the market value of the former Target property will be increased by no less than the market cost to demolish the property. Please note that I have not examined or validated any specific demolition plan or cost in conjucnction with this analysis. Respectfully, [let. _ Bates McKee, MAI, CRE, AI-GRS attachments: Experience & Qualifications McKee Appraisal Real Estate Services & Consulting, Inc. McKEE APPRAISAL REAL ESTATE SERVICES & CONSULTING, INC. 1200 Sixth Avenue, Suite 1805, Seattle, Washington 98101 Telephone (206) 343-8909 Fax (206) 386-5777 EXPERIENCE & QUALIFICATIONS BATES MCKEE, MAI, CRE, AI-GRS Mr. McKee co-founded the firm McKee Appraisal in 1990. McKee Appraisal specializes in the economic analysis of real estate, employing valuation professionals and providing critical analysis and information to corporate, government and private clients nationwide. Mr. McKee graduated from the Massachusetts Institute of Technology (MIT) where he received a Bachelor of Science Degree in Earth & Planetary Sciences, with a Minor in Writing. He also completed the O-Degree program in Geology at Edinburgh University, Scotland, in 1978. Mr. McKee received the MAI (Member of Appraisal Institute) designation in 1988, after employment with the Seattle firm of Shorett & Riely in 1984. Mr. McKee is a Certified General Real Estate Appraiser, and adheres to the standards and ethics of the Appraisal Institute. Mr. McKee is past Chair of the Seattle Chapter Education Committee, and was elected as Regional Director for the Appraisal Institute in 2005. Mr. McKee was awarded the Counselors of Real Estate (CRE) designation in 2008 and the Appraisal Institute - General Review Specialist (AI- GRS) designation in 2016. He served as the Chair of the Pacific Northwest Chapter of the Counselors of Real Estate from 2011 to 2013. In his appraisal experience, Mr. McKee has appraised and analyzed a wide variety of commercial property types, and provided critical consultation and litigation services to a diversified range of clients. In addition to managing operations and education at McKee Appraisal, he frequently represents both property owners and governmental agencies in appraisal and litigation. Project appraisal work includes acquisition for all segments of Sound Transit Link light rail, the Alaskan Way Viaduct replacement project, the Yellowstone retail stores, Interstate 90 and the Seattle Waterfront project. He has particular expertise in institutional portfolio valuation, leased fee and leasehold financial valuation, consulting, mediation and dispute resolution, and the valuation of tunnels and easements. He is a frequent educational speaker and lecturer for attorneys, appraisers and real estate consultants. Mr. McKee was previously employed as a geologist with Roger Lowe Associates, Bellevue, Washington. His work included site evaluation of geologic and hydrologic conditions and hazards, economic feasibility analysis, and construction inspection. Mr. McKee was employed as a physical oceanographer with the research company SAIL. Mr. McKee was an independent investment manager and analyst. He authored Optival, a computer program for analyzing and valuing stock options, and was also employed as an investment software developer with Expert Systems, Inc., Redmond, Washington. McKee Appraisal Real Estate Services & Consulting, Inc. COUNCIL MEETING DATE: January 3, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: V SUBJECT: ORDINANCE: COMPOST PROCUREMENT PER HB 1799 (ORGANICS MANAGEMENT LAW) POLICY QUESTION: Should the City Council adopt an ordinance to establish procurement standard, reporting, and outreach related to compost products used in government -funded projects and maintenance? COMMITTEE: Land Use and Transportation MEETING DATE: Dec. 5, 2022 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Colleen Mi , Pulllic Education and Outreach Sup,. DEPT: Public Works Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. �g ` / MAYOR APPROVAL: r- 3a DIRECTOR APPROVAL: %/ Z`r isoZ''— 1-7 C'mn n1cc,.• aunt,J lnitiovDatc InitiaUDate InitialllJllSc COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 3, 2023. Jack Dove , Committee Chair Jack Walsh, Committee Member Hoang Tran. Committee Member PROPOSED COUNCIL MOTIONS: FIRST READING OF ORDINANCE (JANUARY 3, 2023): "1 move to forward the proposed ordinance to the January 17, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (JANUARY 17, 2023): "1 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— 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Colleen Minion, Education and Outreach 5uperviso,��� SUBJECT: Ordinance: Compost Procurement per HB 1799 (Organics Management Law) Financial Impacts: The cost to the City for adoption of this Ordinance will be nominal. Procurement of compost products resulting from State Law requirements will be included in ongoing maintenance or in applicable project -specific developments, as has occurred over time. Required reporting will be streamlined to minimize impacts to staff time. Required education and outreach will be funded by ongoing solid waste and recycling grants, and will dovetail with related outreach. Back -.round Information: In 2022, the Washington state legislature passed House Bill 1799, more broadly known as the Organics Management Law, which is Chapter 180, Laws of Washington 2022, which included a requirement for larger cities to adopt a compost procurement ordinance. The attached draft ordinance is intended to meet requirements established by this Law. The ordinance: A. Sets definitions along with compost quality and source specifications, including reasonable exceptions (price, quality, availability, etc.) B. Establishes that compost procurement is to be considered as part of specified government funded projects, including: 1. Landscaping projects; 2. Construction and postconstruction soil amendments; 3. Applications to prevent erosion, filter stormwater runoff, promote vegetative growth, or improve the stability and longevity of roadways; and 4. Low -impact development and green infrastructure to filter pollutants or to keep water onsite or both. C. Provides a priority for purchasing certified compost products from local sources that meet quality standards. D. Requires biennial compost purchasing reporting to the State. Rev. 6/2020 December 5, 2022 Land Use and Transportation Committee Ordinance: Compost Procurement per HB 1799 Page 2 E. Requires education and outreach to residents to highlight the benefits of compost use in City operations. Broader Impacts of the Organics Management Law: Adoption of this Ordinance is a relatively minor component of the Organics Management Law. This legislation sets a goal of a reducing landfilling of organic waste by 75% by 2030. To achieve this, the Organics Management Law addresses many other topics related to compost, food waste prevention, and trash hauling. In addition to encouraging compost procurement by local governments, the Law focuses on: • Updating compostable packaging specifications as well as compostable foodservice ware standards • Setting penalties and a reporting process for specific violations of the Law • Encouraging farm composting practices as well as use of compost products in farming • Establishing a statewide agency "The Center for Sustainable Food Management" promoting food waste reduction and reducing disposal of organic materials in landfills • Updating Good Samaritan Laws regarding food donation and increasing edible food diversion into feeding programs, and • Mandatory compostables collection services for businesses Mandatory compostables collections will be phased -in, starting with larger waste generators. Businesses that generate over eight cubic yards of organic material waste per week must participate in compost collection starting in 2024, with smaller waste generators following suit in 2025 and 2026 (subject to Washington Department of Ecology ruling regarding "reasonable" cost). Public Works will dedicate grant funding and outreach resources to help businesses come into compliance with the new requirements. Public Works will also determine if amendments are required to our existing solid waste and recycling services contract with Waste Management, but the current contract does establish rates for cart -based compostable collections for commercial customers. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to procurement of compost products. WHEREAS, in 2022, Washington state enacted House Bill 1799, Chapter 180, Laws of 2022 ("Organics Management Law"), which included a requirement for cities to adopt a compost procurement ordinance; and WHEREAS, use of compost products supports waste reduction and climate protection policies established in the 2019 Comprehensive Solid Waste Management Plan which was approved and adopted by the City via Resolution 19-771; and WHEREAS, the City will endeavor to procure high -quality compost products for use in City - funded projects and maintenance, as appropriate for specific project needs, and will track and report on compost procurement in accordance with the Organics Management Law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Compost Defined. For the purposes of this ordinance, unless the context clearly requires otherwise, "compost" means a product created with "composted material" as defined in RCW 70A.205.015(3). "Compost" includes, but is not limited to, one hundred percent finished compost or blends that include compost as a primary ingredient. Mulch is "compost" if it contains a minimum of sixty percent composted material. - Section 2. Planninp, and Use Requirements. Before issuance of a solicitation for bids or proposals for partially or fully government -funded projects, the City shall identify whether compost can be utilized. In the event that compost can be utilized, the City shall specify purchase of compost Ordinance No. 22- Page 1 of 5 Rev 1/22 for use in the project. The City shall plan for the use of compost in any of the following categories that are applicable to the City's operations and respective project types: 1. Landscaping projects; 2. Construction and postconstruction soil amendments; 3. Applications to prevent erosion, filter stormwater runoff, promote vegetative growth, or improve the stability and longevity of roadways; and 4. Low -impact development and green infrastructure to filter pollutants or keep water onsite or both. Section 3. Exceptions. The City is not required to use compost products if: 1. Compost products are not available within a reasonable time; 2. Compost products that are available do not comply with existing purchasing standards; 3. Compost products that are available do not comply with federal, state, or local health, quality, and safety standards, and/or cannot be guaranteed or warrantied by the producer to be free of weeds and/or weed seed; 4. Compost purchase prices are not reasonable or competitive; or Section 4. Purchasing Priority. Departments shall give priority to purchasing compost products from companies that: 1. Produce compost products locally; 2. Are certified by the United States Composting Council or an equivalent nationally recognized organization; and Ordinance No. 22- Page 2 of 5 Rev 1/22 3. Produce compost products that are derived from municipal solid waste compost programs and meet quality standards comparable to standards adopted by the Washington State Department of Transportation or adopted by rule by the Washington State Department of Ecology. Section 5. Reporting. City Departments that use compost shall report the following information to the Public Works Director or designee by December 1 of each year: 1. The volume and cost of compost purchased by that Department in that year; and 2. The source or sources of the compost purchased by that Department in that year. The Public Works Department is responsible for compiling and submitting a report to the Washington State Department of Ecology by December 31, 2024, and each December 31 of even - numbered years thereafter, with the following information: 1. The total tons of organic material diverted each year; 2. The volume and cost of compost purchased in that reporting period by the City; and 3. The source or sources of the compost purchased by the City pursuant to this Ordinance in that reporting period. Section 6. Education. The Public Works Department shall develop strategies to inform residents about the value of compost and how compost is used in City operations. These strategies shall align with regional outreach programs included in the Comprehensive Solid Waste Management Plan. Section 7. 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 Ordinance No. 22 Page 3 of 5 Rev 1/22 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 8. 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 9. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 10. 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. 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 Ordinance No. 22- Page 4 of 5 Rev 1/22 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 22- Page 5 of 5 Rev 1/22 COUNCIL MEETING DATE: January 3, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: V-. SUBJECT: ORDINANCE: 8.43 WEIGHT AND LOAD REGULATIONS POLICY QUESTION: Should an ordinance be adopted amending Federal Way Revised Code Chapter 8.40.030 and adding new Chapter 8.43 establishing weight and load restrictions within the city? COMMITTEE: LUTC MEETING DATE: December 5, 2022 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cole Elliott, P.E., Development Services, DEPT: Public Works Manager Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S REcoMMEND ION: Option 1. MAYOR APPROVAL: I %4 DIRECTOR APPROVAL: Com a 0 ne Initial/Date Initial/Date lniliall !c COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 3, 2023. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE JANUARY 3, 2023: "1 move to forward the proposed ordinance to the January 17, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE JANUARY 17, 2023: "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: December 5, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Cole Elliott, P.E., Development Services SUBJECT: Ordinance 8.43 Weight and Load Regulations Financial Impacts: The revenue to the City for Ordinance 8.43 Weight and Load Regulations will be an annually adjusted right-of-way permit fee and will be credited to the Public Works, budget line 101. Background Information: The City has experienced a marked increase in the daily travel of oversized and overweight vehicle loads over recent years. Many of these loads do not travel on the City's designated truck routes which increases the wear and damage upon those streets. In an effort to work cooperatively with the haulers to minimize the wear and damage upon City streets and infrastructure, to assess the risk, to determine any damage and to establish the legally responsible party the Ordinance is proposed. Currently, the Federal Way Revised Code (FWRC) does not detail the mechanism for obtaining a special oversized or overweight load permit and does not provide an enforcement provision for failure to obtain a permit. Rev. 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Weight and Load Regulations; amending FWRC 8.40.030 Designated vehicle routes; and adding a new Chapter 8.43 FWRC, Weight and Load Regulations, including sections 8.43.010, 8.43.020, and 8.43.030. (Amending Ordinance Nos. 00-365, 91-103, and Resolution No. 09-539). WHEREAS under Chapter 8.40 of Federal Way Revised Code ("FWRC"), the City of Federal Way ("City") has designated certain truck haul routes within the City, and restricted all other streets within the City to allow only vehicles under 30,000 pounds gross weight, with certain exceptions for local deliveries; and WHEREAS the City has experienced a marked increase' in the daily travel of oversized and overweight vehicle loads over recent years; and WHEREAS many of these oversized and overweight vehicle loads do not travel along the City's designated truck haul routes; and WHEREAS the City desires to minimize the wear and damage upon the City streets and infrastructure by haulers planning and assessing proposed routes; and WHEREAS the City desires to work cooperatively with haulers and assess risk and damage upon the legally responsible party; and WHEREAS under Chapter 46.44 RCW, cities are authorized, with respect to public highways under their jurisdiction, to require and authorize a special permit for operation of vehicles exceeding the statutory size, weight, and/or load maximums established in said chapter; and WHEREAS the FWRC does not currently detail the mechanism for obtaining such a special permit, or the associated provisions, standards, and enforcement with respect to such special permit; Ordinance No. 22- Page 1 of S Rev 1/22 and WHEREAS the City desires to explicitly codify the special permit requirement and all associated provisions, standards, and enforcement, in order to provide clarity to regulated haulers and to improve permitting consistency and efficiency. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 8.40.030 is hereby amended as follows: (1) The public works director shall erect, or cause to be erected and maintained, signs designating the following public highway, streets and thoroughfares within the city as vehicle routes for all vehicles rated in excess of 30,000 pounds gross weight (gw) as defined by RCW 46.16.111, which is adopted by this reference: (a) State Route 5, Interstate Highway 5; (b) State Route 18, State Route 99 to State Route 5; (c) State Route 99, Pacific Highway South; (d) State Route 161, Enchanted Parkway; (e) State Route 509, Dash Point Road; (f) South 320th Street, State Route 99 to State Route 5; (g) 16th Avenue South, State Route 99 to State Route 18; (h) Milton Road South, State Route 161 to South 369th Street; (i) South 356th Street, State Route 99 to State Route 161. (2) All other streets within the limits of the city shall be restricted to allow only vehicles rated under 30,000 pounds gross weight, except as provided for in FWRC 8.40.040 or as authorized by special Ordinance No. 22- Page 2 of 5 Rev 1/22 permit under Chapter 8.43 FWRC. Section 2. Chapter 8.43, Weight and Load Regulations, of the Federal Way Revised Code is hereby added to Title 8, Traffic and Vehicles, to read as follows: &43.010 Purpose. The puEpose of this chapter is to establish a special permit requirement pursuantto RCW 46.44.090 for oversized or overwei ht loads in the City, with associated provisions, standards and enforcement. 8.43.020 Special permits for oversize or overweight movemen ts. l Permil required No vehicle of a size, weight, or load exceeding the restrictions set forth in RC W 46.44.020 46-44.03 0. 46.44.034or 46.44.041 as the same now exist or may hereafter be amended may operate or move upon city streets without a special permit as provided in this section. In addition and not by wa of limitation no vehicle rated in excess of30 000 ounds gross weight may operate or move upon c ily streets without a spec ial perm it as provided in this section unless such vehicle is operating and moving exclusive) on designated truck routes pursuant to FWRC 8.40.030 1 or is exempt from the designated truck route restriction under FWRC 8.40.040(l), 2 Apj2ficafion, issuance compliance. The public works director, may, upon written application. issue a special permit electronically or in writing authorizing the applicant tooperate or move upon such city streets as the public works director deems suitable and capable of withstanding such increased load without undue in'u to the street. The applicant shall comply with all rules regulations, terms, and conditions of the special_ permit. 3 License required Nospecial Vertnit for an overweight vehicle or combination of vehicles shall be issued to any vehicle or combination of vehicles unless such vehicle or combination or vehicles is Ordinance No. 22- Page 3 of 5 Rev 1/22 licensed for the maximum gross weight allowed by law. 4 Fees. Special permit fees including any associated route inspection fees prior to and/or after haul. shall be assessed and collected by the city as set forth in the applicable section of the current fee schedule. 5 Suspension or revocation ofpermil. If the Rublic works director determines that a vehicle or a combination of vehicles is operating in violation of the conditions of a permit issued under this chapter. the public works director ma suspend or revoke the permit in writing fora period not to exceed one year. The permit holder mqy file a request for review of the public director's decision to suspend or revoke the permit in writing on the form provided by the city within 14 calendar days of the public works director's written notice of the suspension or revocation. The failure to timely file such a reguest shall constitute a final bar to later seek such review. No administrative fee will be imposed for the re nest, and the director of public works shall issue their determination in writing. 8.43.030 State statutes adopted. RCW 46.44.095 and RC W 46.44.105 as the same now exist or are hereinafter amended. are adopted by reference. 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. Ordinance No. 22- Page 4 of 5 Rev 1 /22 Section 4. Corrections. The City Clerk and the codifters 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 S. 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. 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. 22- Page 5 of 5 Rev 1/22 COUNCIL MEETING DATE: January 3, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: PLANNING COMMISSION CODE AMENDMENT POLICY QUESTION: Should the City Council amend Chapter 2.90 of the FWRC to allow alternates of the Planning Commission to serve as full members when needed to meet quorum requirements? COMMITTEE: Land Use & Transportation MEETING DATE: Dec 5, 2022 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven DEPT: CD Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOIISIEND.AXION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: BD 11/28/22 Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on 11312023. Jack Dove - Committee Chair Jack Walsh, Committee Member Hoango, Tran, Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (1/3/23): "1 move to forward approval of the proposed ordinance to the January 17, 2023 Council Meeting for enactment. " SECOND READING OF ORDINANCE (1/17/23): "1 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 — 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Brian Davis, CD Director Keith Niven, Planning Manager SUBJECT: Planning Commission Code Amendment Financial Impacts: There are no costs to the City for adopting the proposed code amendments. Background Information: The proposed code amendments for the Planning Commission were initially included in the 2021 various code amendment package. Following the hearing at the Planning Commission on the 2021 proposed code amendments, the amendments relating to the Planning Commission were not forwarded to the City Council for their consideration. The reason for this action was that it was believed there would be a near -term larger effort to revise all codes relating to the City's Commissions -in an attempt to render them more consistent with each other. However, that work effort has not moved forward over the past year. Because of the pending Periodic Update of the City's Comprehensive Plan as well as other time - sensitive work, it is imperative for the Planning Commission to be able to hold their meetings. Therefore, it is recommended these code amendments move ahead at this time, and any changes to render the Planning Commission code consistent with an overall revision of all codes relating to City Commission can be implemented at the tilne..such an overall revision occurs. Proposed Code Amendments (Purpose): The proposed amendments to Title 2 are intended to improve the ability of the Commission to be able to make quorum requirements. Procedural Summarv: The procedure followed for making this amendment is shown below: 08/31/21: 60-day Notice of proposed changes to development regulations sent to Commerce 11/05/21: Public Notice of SEPA Decision published and posted (website) 11/05/21: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 11/17/21: Planning Commission Briefing 11/19/21: End of SEPA Comment Period 12/01/21: Public Hearing 12/10/21: End of SEPA Appeal Period 01/19/22: Public Hearing Continuation 12/5/22: December 5, 2022 1/3/23: City Council 1st Reading Rev. 6/2020 December 5, 2022 Land Use and Transportation Committee Planning Commission Code Amendments Page 2 1/17/23: City Council 2nd Reading Planning Commission Recommendation: The Planning Commission conducted Public Hearings on December 1, 2021, and January 19, 2022. Following extensive public input and Commission discussion and deliberations, consistent with 19.80.240(1)(c), the Planning Commission forwarded the proposed code changes to the City Council with a recommendation for approval. Options for Decision: After consideration of the proposal and the Mayor's recommendation regarding the proposed amendments, the Council may: 1. Adopt the ordinance; or 2. Do not adopt the ordinance and provide direction to staff. Mayor's Recommendation: Based on the recommendation from the Planning Commission, and the above analysis and decision criteria, the Mayor recommends that the proposed amendments to Title 2 FWRC relating to the Planning Commission be approved. ORDINANCE NO. AN ORDINANCE of the City of Federal Way ("City"), Washington, relating to the City Planning Commission; amending FWRC 2.90.020, and repealing FWRC 2.90.030. (Amending Ordinance Nos. 90-43 and 96-272) WHEREAS, the City recognizes the need to periodically modify various Titles of the Federal Way Revised Code ("FWRC") in order to conform to state and federal law, codify administrative practices, clarify and update regulations as deemed necessary, and improve the operation of City processes; and WHEREAS, the City has established a Planning Commission pursuant to Chapter 2.90 FWRC, and consistent with Chapter 35.63 RCW; and WHEREAS, the jurisdiction, powers and authority of the Planning Commission are established in Chapter 19.80 FWRC; and WHEREAS, the Planning Commission's ability to meet quorum requirements is important to the performance of its duties, including the efficient review of certain planning activities; and WHEREAS, this ordinance, contains amendments to the Planning Commission membership designed to facilitate the Planning Commission's ability to meet quorum requirements and therefore improve meeting predictability and overall commission efficiency; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on this code amendment on December 1, 2021, and January 19, 2022; and thereafter forwarded a recommendation of approval to the City Council; and Ordinance No. 22- Page 1 of 4 Rev 1/22 LU WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered this code amendment on December 5, 2022, and recommended adoption of the code amendment as recommended by the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. 2.90.020 FWRC is hereby amended to read as follows: 2.90.020 Membership and Appointment. in the eity with intefest in land ase and plan Md a eemmitFneRt te the planned 1 The planning commission shall consist of up to seven members and three alternate members appointed by the city council. An alternate member may serve as a full member of the planning commission to meet guorum re uirements for voting. holding a meeting, or !ioldin a hearing, 2 The planning commission shall serve without compensation. 3 Each member shall serve a term of four cars except that the first commissioners and alternates shall be appointed for different terms as follows: three commissioners and one alternate to serve fora period of one year, three commissioners and one alternate to serve for a period of two years. three commissioners and one alternate to serve Fora period of three years. The city council shall annually appoint new members to fill the expiring terms on the planning commission. If, for any reason a vacancy occurs during the term of a planning commission member or alternate. the city council shall appoint a new member to fill the unexpired term. The city council may remove a planning commission member or alternate at any time if the cit Ordinance No. 22- Page 2 of 4 Rev 1/22 LU council determines that member is not fulfilling his or her responsibilities to the satisfaction of city council. (4) All members of the planning commission may be reappointed as many consecutive times as city council deems appropriate and may serve until their successors are duly appointed by ci council. (5) Persons appointed to serve on the planning commission shall reside within the incorporated city limits, and have an interest in land use and Rlanning issues and a commitment to the planned development of the community. Section 2. FWRC 2.90.030 is hereby repealed in its entirety. Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. 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. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective thirty (30) days after passage and publication as provided by law. Ordinance No. 22- Page 3 of 4 Rev 1/22 LU PASSED by the City Council of the City of Federal Way this day of 2022. 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. 22- Page 4 of 4 Rev 1/22 LU COUNCIL MEETING DATE: January 3, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: ICONIC SIGNS CODE AMENDMENT POLICY QUESTION: Should the City Council amend Chapters 19.05 and 19.140 of the FWRC to create a provision for Iconic Signs within the City Center portion of Federal Way? COMMITTEE: Land Use & Transportation MEETING DATE: Dec 5, 2022 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven DEPT: CD Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYORAPPROVAL: U11ADIRECTOR APPROVAL: BD 11/22/22 C mittc Icoun Initial/Date initiallDut InitiaU atc COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 3, 2023 Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (1/3/23): "I move to forward approval of the proposed ordinance to the January 17, 2023 Council Meeting for enactment. " SECOND READING OF ORDINANCE (1/17/23): "1 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— 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM•' Brian Davis, CD Director Keith Niven, Planning Manager SUBJECT: Iconic Signs Code Amendment Financial Impacts: There are no costs to the City for adopting the proposed code amendments. Background Information: Planning staff are working on a number of code amendments for the CC-C zone (2023 Comprehensive Plan Amendment). These code amendments are aimed at helping to ensure that when the area redevelops, it will redevelop in a way that supports the goals and visions for downtown Federal Way — that of a dense, walkable, and memorable heart of the city. There are a number of ways to improve the likelihood the development of the City Center parcels achieves this goal. These include: 1) ensuring new building are built at a density that supports non -motorized mobility; 2) providing additional urban design provisions in the code to ensure the development that does occur is supportive of the social public realm intended for the City Center. The Iconic Signs code amendments will allow for certain signs to be permitted that will help provide a memorable experience when viewing or visiting the City Center area. Proposed Code Amendments ftr ose : The proposed code amendments would create an allowance for Iconic Signs within the City Center of Federal Way. The iconic sign provision is intended to create a process whereby a proposed sign can be permitted when it does not meet the dimensional or other standards of the sign code, but, through design and artistic expression unrelated to its message, it is culturally significant to the community or region, and is expected to serve a placemaking function either upon completion or with the passage of time. Procedural Summary., The procedure followed for making this amendment is shown below: 8/12/22: Public Notice of SEPA Decision published and posted (website) 8/12/22: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 8/26/22: End of SEPA Comment Period 9/16/22: End of SEPA Appeal Period 11/2/22: Public Hearing 12/5/22: LUTC Council Committee 1/3/23: City Council 1st Reading 1/17/23: City Council 2nd Reading Rev. 6/2020 December 5, 2022 Land Use and Transportation Committee Iconic Signs Code Amendments Page 2 Planning Commission Recommendation: The Planning Commission conducted Public Hearings on November 2, 2022. There were no comments from the public received regarding this proposed code amendment. Following Commission discussion and deliberations, consistent with 19.80.240(1)(c), the Planning Commission forwards the proposed code changes to the City Council with a recommendation for aporoval . Decision Criteria: FWRC Chapter 19.80.130 provides criteria for zoning text amendments. The following section analyzes compliance of the proposed zoning text amendments with the criteria provided by this chapter. The city may amend the text of the FWRC only if it finds that: l . The proposed amendments are consistent with the applicable provisions of the comprehensive plan. The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) policies and goals: CCG1 Create an identifiable City Center that serves as the social, cultural, and economic focus of the City. Define a City Center with distinct boundaries, unique building types, and special features. CCG5 Focus on improving the existing character and image of the City Center. CCP2 Develop an attractive City Center that will attract quality development. EDP29 Encourage redevelopment of the City Center. EDP32 Continue to implement high -quality urban design standards for these areas 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. The governmental power to include zoning regulations potentially limiting the rights of property owners is not unlimited, and must substantially advance legitimate public interests and bear a substantial relationship to the public health, safety, or general welfare. The proposed FWRC text amendments do not limit the rights of property owners as they will offer increased opportunities for signs within the City Center. December 5, 2022 Land Use and Transportation Committee Iconic Signs Code Amendments Page 3 3. The proposed amendments are in the best interest of the residents of the city. The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they support the goals and policies found in the Comprehensive Plan to create a dynamic City Center. The proposed text amendments allow the city to legally regulate a new provision of signs to ensure they meet the intent for their incorporation into the City as an asset to the City Center. For these reasons, the proposed amendments will be in the best interest of the residents of the city. Options for Decision: After consideration of the proposal and the Mayor's recommendation regarding the proposed amendments, the Council may: 1. Adopt the ordinance; or 2. Do not adopt the ordinance and provide staff direction. Mayor's Recommendation: Based on the recommendation from the Planning Commission, above analysis and decision criteria, the Mayor recommends that the proposed amendments to FWRC 19 (Zoning and Development) relating to Iconic Signs be recommended for approval. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to iconic signs; amending FWRC 19.05.190, and adding a new section FWRC 19.140.135. (Amending Ordinance Nos. 08-585, 09-593, 09-605, 09-610, 12-713, 14-778, 15-797, 20-898, 21-921, 22-932) 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 land use and zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, the Washington Growth Management Act requires that development regulations be subject to continuing evaluation and review; and WHEREAS, the City has identified an opportunity to introduce a new sign type for the City Center that would provide opportunities to support and enhance local culture and serve a placemaking function; and WHEREAS, State agencies received 60-day notice of the proposed amendments on August 4, 2022; 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, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the Proposal on August 12, 2022, no comments were received and the DNS was finalized on September 16, 2022, and no appeals were filed and the appeal period has expired; and Ordinance No. 22- Page 1 of 23 Rev 1/22 LU WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on November 2, 2022; and, forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered these code amendments on December 5, 2022, and recommended adoption of the text amendments. 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 recitals set forth above are hereby adopted and restated as findings of fact. (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 conformance with state law, protecting public health and safety, and clarifying items within the Code resulting in less need for interpretation. (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. (d) These code amendments are consistent with the intent and purpose of their respective titles under 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. Ordinance No. 22- Page 2 of 23 Rev 1/22 LU 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: CCG1 Create an identifiable City Center that serves as the social, cultural, and economic focus of the City. Define a City Center with distinct boundaries, unique building types, and special features. CCG5 Focus on improving the existing character and image of the City Center. CCP2 Develop an attractive City Center that will attract quality development. EDP29 Encourage redevelopment of the City Center. EDP32 Continue to implement high -quality urban design standards for these areas (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because the proposed FWRC text amendments do not limit the rights of property owners as they will offer increased opportunities for signs within the City Center. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they support the goals and policies found in the Comprehensive Plan to create a dynamic City Center. The proposed text amendments allow the city to legally regulate a new provision of signs to ensure they meet the intent for their incorporation into the City as an asset to the City Center. For these reasons, the proposed amendments will be in the best interest of the residents of the city. Ordinance No. 22- Page 3 of 23 Rev 1/22 LU Section 3. FWRC 19.05.190 is hereby amended to read as follows: 19.05.190 S definitions. "Schools" means institutions of learning, excluding those offering post -secondary education, offering instruction in the several branches of learning and study required by the Basic Education Code of the state of Washington to be taught in public, private and parochial schools, including those disciplines considered vocational, business -related, or trade in nature. "Secondhand merchandise " means used or remanufactured goods and includes used books, records, clothing, furniture, and appliances; and includes such merchandise typically for sale or found at pawn shops, thrift stores, consignment stores, and flea markets. Secondhand merchandise does not include used, remanufactured, or junk motor vehicles or boats; nor antiques or collectibles. "Self-service storage facilities" means a structure or group of structures for the storage of personal property where individual stalls or lockers are rented out to different tenants for storage. "Shared access points " means a common point of vehicle access from a street to more than one lot or use. "Sight line " means the line of vision from a person to a place or building. "Sign " means any communication device, structure, fixture, or placard that uses colors, words, letters, numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or written copy for the purpose of- (1) Providing information or directions; or (2) Promoting, identifying, or advertising any place, building, use, business, event, establishment, product, good, or service, and includes all supports, braces, guys, and anchors associated with such sign. Ordinance No. 22- Page 4 of 23 Rev 1/22 LU Painted wall designs or patterns which do not represent a product, service, or registered trademark, and which do not identify the user, are not considered signs. If a painted wall design or pattern is combined with a sign, only that part of the design or pattern which cannot be distinguished from the sign will.be considered as part of the sign. The following types of signs are included in the definition of "signs": (1) "Abandoned sign" means any sign remaining in place after a sign has not been maintained for a period of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180 consecutive days. (2) Advertised activity for freeway profile signs. For the purpose of measuring from the advertised activity for an individual business, the distance shall be measured from the sign to the nearest portion of that building, storage, or other structure or processing area which is the most regularly used and essential to the conduct of the activity; and for a center identification sign, which identifies businesses within a multi -tenant complex, the distance shall be measured from the sign to the nearest portion of the combined parking area of the subject property. (3) "Animated or moving sign" means any sign that uses movement or the appearance of movement of a sign display through the use of patterns of lights, changes in color or light intensity, computerized special effects, video display, or through any other method, chasing or scintillating lights, fluttering or moving lights, lights with stroboscopic effect, or containing elements creating sound or smell; except for the scrolling of a static message, scene, or color onto or off a sign board in one direction per message. (4) "Awning sign" means a nonelectric sign on the vertical surface or flap that is printed on, painted on, or attached to an awning or canopy. Illumination for the awning or canopy shall be Ordinance No. 22- Page 5 of 23 Rev 1/22 LU for safety purposes only and, therefore, shall point toward the ground and not illuminate the canopy. (See also "marquee sign.") J Drwsmai M,ew &1e VOW Figure 1 — Awning or Canopy Sign (5) "Banner" means a sign made of any nonrigid material with no enclosing framework. (6) "Billboard" means permanent outdoor advertising off -site signs containing a message, commercial or otherwise, unrelated to any use or activity on the subject property on which the sign is located, but not including civic event signs, signs oriented to the interior of sports fields, government signs, or instructional signs. (7) "Building -mounted signs" means any sign attached to the facade or face of a building or mansard roof including without limitation wall signs, marquee signs, under -canopy signs and projecting signs. (8) "Cabinet sign" means a sign constructed of a box, rigid material, or framework over or within which is secured the sign copy, text, graphics, or other sign elements. Cabinet signs may have either interior or exterior illumination. Ordinance No. 22- Page 6 of 23 Rev 1/22 LU Figure 2 — Cabinet Sign (9) "Canopy sign " means the same as "awning sign." (10) "Center identification sign" means a building -mounted or freestanding sign that identifies the name and/or logo of a development containing more than one office, retail, institutional or industrial use or tenant and which may separately identify the tenants. (11) "Changeable copy sign" means a sign whose informational content can be changed or altered (without changing or altering the sign frame, sign supports or electrical parts) by manual or electric, electro-mechanical, or electronic means. A sign on which the message changes more than eight times a day shall be considered an electronic changeable message sign and not a changeable copy sign for purposes of this chapter. A sign on which the changing is an electronic or mechanical indication of time and/or temperature shall be considered a time and temperature sign and not a changeable copy sign. (12) "Construction sign" 'means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Construction signs also include "Coming Soon" and "Open During Construction" signs. (13) "Directional sign, on -site, " means a sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs). (14) "Electrical sign" means a sign or sign structure in which electrical wiring, connections, or fixtures are used. (15) "Electronic changeable message sign" means an electronically activated sign whose message content, either whole or in part, may be changed by means of electronic programming. Ordinance No. 22- Page 7 of 23 Rev 1/22 LU (16) "Flashing sign" means a sign when any portion of it changes light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination. (17) "Freestanding sign" means a sign supported permanently upon the ground by poles, pylons, braces or a solid base and not attached to any building. Freestanding signs include those signs otherwise known as "pedestal signs," "pole signs," "pylon signs," and "monument signs." Sign Height Figure 3 — Freestanding Sign (18) "Fuel price sign" means a sign displaying the price of fuel for motorized vehicles. (19) "Ground -mounted sign" means a pedestal sign, pole sign, pylon sign, monument sign, or any sign permanently affixed to the ground. (20) "Government sign " means any temporary or permanent sign erected and maintained by any city, public utility, county, state, or federal government for designation of or direction to 'any school, hospital, hospital site, property, or facility, including without limitation traffic signs, Ordinance No. 22- Page 8 of 23 Rev 1/22 LU directional signs, warning signs, informational signs, and signs displaying a public service message. (21) "Iconic si n " means a sign containing exclusively commercial messages that, throw h design and artistic expression unrelated to its message, is culturally significant to the region or community, and will serve a placemaking function either upon coml2letion or with the assa a of time. "Instructional sign" means a sign which designates public information including, without limitation, public restroom signs, public telephone signs, exit signs and hours of operation signs. (223) "Integral sign " means a sign displaying a building date, monument citation, commemorative inscription, or similar historic information. (234) "Kiosk" means a freestanding sign, which may have a round shape or which may have two or more faces and which is used to provide directions, advertising or general information. (245) "Marquee sign" means any sign attached to or supported by a marquee, which is a permanent roof -like projecting structure attached to a building. (2-56) "Menu board" means a permanently mounted sign advertising the bill of fare for a drive- in or drive -through restaurant. (267) "Monument sign " means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. (See drawing set forth in FWRC 19.140.170(3)(b), Figure 3.) (29�8) "Identification sign" means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified. Ordinance No. 22- Page 9 of 23 Rev 1 /22 L U (2#9) "Identification sign (subdivision) " means a freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development. (2930) "Illuminated sign" means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. (301) "Incidental sign" means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises (e.g., a credit card sign or a sign indicating hours of business). (34-D "Nameplate" means a nonelectric, on -premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants of the building. (323) "Neon (outline tubing) sign" means a sign consisting of glass tubing, filled with neon gas, or other similar gas, which glows when electric current is sent through it. (344) "Nonconforming sign " means any sign which was legally in existence on the effective date of this Code, February 28, 1990, or on the effective date of annexation if located in areas annexed to the city thereafter, but which does not comply with this title or any other sections of this Code. (345) "Obsolete sign" means a sign that advertises a product that is no longer made, a business that is no longer in operation, or an activity or event that has already occurred, except for historical signs. (366) "Off -site sign" means a sign relating, through its message and content, to a business activity, use, product, or service not available on the subject property on which the sign is located. (362) "On -site sign" means a sign which contains only advertising strictly applicable to a lawful use of the subject property on which the sign is located, including without limitation signs Ordinance No. 22- Page 10 of 23 Rev 1/22 LU indicating the business transacted, principal services rendered, and goods sold or produced on the subject property, or name of the business and name of the person occupying the subject property. (3�T8) "Pedestal sign" means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. Such base shall be equal to at least 50 percent of the sign width. (See drawing set forth in FWRC 19.140.170(3)(a), Figure 1.) (389) "Point of purchase display or sign " means an advertisement for an item accompanying its display indicating only instructions and the contents or purpose of the item (e.g., an advertisement on a product dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.). (3440) "Pole or pylon signs" means freestanding signs supported permanently upon the ground by poles or braces of materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject'property and not attached to any building. (See drawing set forth in FWRC 19.140.170(3)(a), Figure 2.) (401) "Political signs" means temporary signs advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot in connection with local, state, or national election or referendum. (44-D "Portable sign " means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. Portable signs differ from temporary signs in that portable signs are made of durable materials such as metal, wood, or plastic. Ordinance No. 22- Page I of 23 Rev 1/22 LU (421) "Pre -opening sign " means a temporary sign which identifies a new business moving into a new tenant space or building. The sign must include the name of the business and copy stating the business will open soon (e.g., "Coming Soon..." "Opening Soon...," etc.). (494) "Private advertising sign" means a temporary sign announcing an event, use or condition of personal concern to the sign user including without limitation "garage sale" or "lost animal" signs. (454) "Private notice sign " means a sign announcing a restriction or warning regarding the subject property, such as, but not limited, to, "no trespassing" or "beware of dog." (436) "Projecting sign " means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign. Figure 4 — Projecting Sign Ordinance No. 22- _ Page 12 of 23 Rev 1/22 LU (462) "Real estate, on -site sign" means a sign placed on the subject property and announcing the sale or rental of the subject property. (4-78) "Roof sign " means any sign erected, constructed, or placed upon, over, or extended above any portion of the roof of a building or structure, excluding signs affixed to the vertical face of a mansard or gambrel style roof, in which case a roof sign is any sign erected, constructed, or placed upon, over, or extended above the lowest vertical section of a mansard or gambrel roof. (492) "Snipe sign " means a temporary sign or poster posted on trees, fences, light posts or utility poles, except those posted by a government or public utility. (4950) "Temporary sign" means a sign not constructed or intended for long-term use. (5,01) "Tenant directory sign" means a sign for listing the tenants or occupants and then suite numbers of a building or center. (542) "Time and temperature sign " means any sign that displays the current time and temperature, without any commercial message. (523) "Under -canopy sign " means any sign intended generally to attract pedestrian traffic suspended beneath a canopy or marquee which is at a 90-degree right angle to the adjacent exposed building face and which contains no commercial messages other than the name of the business. (534) "Vehicle sign" means a sign temporarily affixed or attached to a parked vehicle for the purpose of advertising a product or service, or providing directions to such products or services. (545) "Wall sign" means either a sign applied with paint or similar substance on the surface of a wall or a sign attached essentially parallel to and extending not more than 24 inches from the wall of a building with no copy on the side or edges. Ordinance No. 22- Page 13 of 23 Rev 1/22 LU (556) "Warning sign" means any sign which is intended to warn persons of prohibited activities such as "no trespassing," "no hunting," and "no dumping." (567) "Window sign" means all signs affixed to a window and intended to be viewed from the exterior of the structure. "Sign area" means the entire area of a sign on which colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademarks and/or written copy is to be placed, excluding sign structure, architectural embellishments and framework. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols, trademarks, and/or written copy; except that sign area is calculated for individual letters, numbers, or symbols using a canopy, awning or wall as the background, without added decoration or change in the canopy, awning or wall color, by measuring the perimeter enclosing each letter, number, or symbol and totaling the square footage of these perimeters. Ordinance No. 22- Page 14 of 23 Rev 1/22 LU (3+r+o+cte" - Sign Ane r— a. HEATER I i � ro VIDEO SHOES I'�' DELI I 'w a x ( D+c-d-9 = Sign Arse -Figure 5 — Calculating Sign Area "Sign face " means the area of a sign on which the colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademark and/or written copy is placed. "Sign inventory sticker " means the sticker that is assigned to any sign after it has been inventoried and determined to be a legal nonconforming sign. "Sign inventory sticker number" means the inventory number that is assigned to a sign after it has been inventoried and determined to be a legal nonconforming sign. "Sign registration" means the approval issued to any sign that has an approved sign permit and that has passed all inspections required by the city, or is in conformance with this Code after an analysis conducted as part of a sign inventory. "Silt" or "sediment" means the soils or rock fragments mobilized and deposited by erosion, which are transported by, suspended in, or deposited by water. Ordinance No. 22- Page 15 of 23 Rev 1/22 LU "Single -use building" means a building which contains one use. "Site " means subject property. "Small animals" means dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.), foxes, bobcats and similar small wild animals. "Spa" means a commercial establishment offering health, relaxation, and beauty treatment primarily through such means as steam baths, baths, saunas, pools, and massage. See also "public bathhouse" in FWRC Title 12. "Specified anatomical areas" shall mean the following: (1) Less than completely and opaquely covered human genitals, anus, pubic region, buttock or female breast below a point immediately above the top of the areola; or (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified sexual activities " shall mean any of the following: (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or (3) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast, whether or not clothed, of oneself or of one person by another; or (4) Excretory functions as part of or in connection with any of the activities set forth in this definition. "State Environmental Policy Act" means Chapter 43.21C RCW. "Storm drainage " means the movement of water, due to precipitation, either surficially or subsurficially. Ordinance No. 22- Page 16 of 23 Rev 1/22 LU "Story" means the area of a structure between.the floor and the horizontal supporting members of the ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area between that floor and the ceiling directly above is not a story. "Stream " means a course or route, formed by nature, including those which have been modified by humans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its length, along which surface waters naturally and normally flow in draining from higher to lower elevations. A stream need not contain water year-round. In a development, streams may run in culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition does not include irrigation ditches, stormwater facilities or other artificial watercourses unless they are used by resident or anadromous salmonid fish, or the feature was constructed to convey a natural stream which existed prior to construction of the watercourse. Those topographic features that resemble streams but have no defined channels shall be considered streams when hydrologic and hydraulic analyses done pursuant to a development proposal predict formation of a defined channel after development. For the purpose of defining the following categories of streams, "normal rainfall" is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the current water year for King County as recorded at the Seattle -Tacoma International Airport. (1) Streams shall be classified according to the following criteria: (a) Type F streams are those streams that are used by fish or have the potential to support fish. (b) Type Np streams are those streams that are perennial during a year of normal rainfall and do not have the potential to be used by fish. Type Np streams include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. If the Ordinance No. 22- Page 17 of 23 Rev 1/22 LU uppermost point of perennial flow cannot be identified with simple, nontechnical observations, then the point of perennial flow should be determined using the best professional judgment of a qualified professional. (c) Type Ns streams are those streams that are seasonal or ephemeral during a year of normal rainfall and do not have the potential to be used by fish. (2) For the purposes of this definition, "used by fish" and "potential to support fish" are presumed for: (a) Streams where naturally reoccurring use by fish has been documented by a government agency; or (b) Streams that are fish passable, as determined by a qualified professional based on review of stream flow, gradient and natural barriers, and criteria for fish passability established by the Washington Department of Fish and Wildlife. (3) Ditches are excluded from regulation as streams, unless they are used by fish. Ditches are artificial drainage features created in uplands through purposeful human action, such as irrigation and drainage ditches, grass -lined swales, and canals. Purposeful creation must be demonstrated through documentation, photographs, statements and/or other evidence. "Streambank stabilization" means treatments used to stabilize and protect banks of streams from erosion. "Street" means both a public right-of-way and a vehicular access easement or tract. "Street providing direct vehicle access" means the street from which a vehicle can enter the subject property without traversing another street or piece of property. In the case of a multi -use complex, the street providing direct vehicular access is the exterior street that borders the complex and not an internal street surrounded by the complex. Ordinance No. 22- Page 18 of 23 Rev 1/22 LU "Streetscape" means the visual character and quality of a street as determined by various elements located between the street and building facades, such as trees and other landscaping, street furniture, artwork, transit stops, and the architectural quality of street -facing building facades. "Streetscape amenities" means pedestrian -oriented features and furnishings within the streetscape, such as bench seats or sitting walls, weather protection, water features, art, transit stops with seating, architectural facade treatments, garden space associated with residences, pedestrian -scale lighting, landscaping that does not block views from the street or adjacent buildings, special paving, kiosks, trellises, trash receptacles, and bike racks. "Structural alteration " means any change in the supporting member of a building or structure. "Structure " means a combination or arrangement of material for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water. "Structured parking" means parking provided on more than one level and within a structure, either above or below grade. Structured parking shall not include a surface parking lot. "Subject property" means the entire lot or parcel, or series of lots or parcels, on which a development, activity, or use exists or will occur, or on which any activity or condition subject to development regulations exists or will occur. "Support structure " means any built structure, including any guy wires and anchors, to which an antenna and other necessary associated hardware is mounted. Support structures may include the following: (1) Lattice tower. A support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section. Ordinance No. 22- Page 19 of 23 Rev 1/22 LU (2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors. (3) Monopole. A support structure which consists of a single steel or wood pole sunk into the ground and/or attached to a concrete pad. (4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with certain conditions. "Surface parking lot" means an off-street, ground level open area, usually improved, for the temporary storage of motor vehicles. Section 4. Chapter 19.140 of the Federal Way Revised Code is hereby amended to add a new section 19.140.135 to read as follows: 19.140.135 Iconic suns. (1) Scope. This section establishes the procedure and criteria the city will use in deciding upon a permit application for an iconic sign. (2) Required review pracess. A permit application for an iconic sign shall be reviewed and approved in accordance with this chapter, except_ that the criteria _for approval shall be exclusively those set forth in this section. No variance to any of the provisions of this section may be granted. Unless expressly stated otherwise, any iconic sign permit shall run with the land and shall not automatically terminate upon sale or transfer of the property. (3) Intent. This section is intended to create a process whereby proposed sign that does not meet the dimensional or other standards of this Code may be permitted. if, through design and artistic expression unrelated to its message, the proposed sign is culturally significant to the community or region and is expected to serve a placemaking function either upon completion or Ordinance No. 22- Page 20 of 23 Rev 1/22 LU with the assa e of time. This provision is not intended to be a tool to vary one or more of the standards of this chapter simply to allow for a larger sign than otherwise could be obtained. (4) Criteria. The city may grant the iconic sign only if it rinds all of the following_ a The i2roposed iconic sign is for a non-residential use-, (b) The proposed iconic sign is representative of a business that has been found in the city_ and/or region a minimum of 20 years_ (c) The proposed iconic sign will be located in the city center core (CC-C); d The proposed iconic sin is consistent the a licable provisions of the comprehensive plan, including with goals and/or policies of the comprehensive plan; e The proposed iconic sin through design and/or artistic expression unrelated to its message. is significant to the community or region; (f) The proposed materials and/or design is representative of a particular period of construction and/or demonstrates extraordinary aesthetic quality. creativity, or innovation. The proposed iconic sign is expected to serve a piacemaking function either upon completion or with the passa a of time. A sign serves a placemaking function when it serves a wayfinding function for the community_ (h) The proposed iconic sign exhibits characteristics that enhance the streetscape_and/or identity of the city center core (CC-C); and. it clearly provides_a recognizable architectural style and appearance; 61 A roval of the proposed iconic sin will not arbitrarily or unreasonably result in favoritism of the proposed sign over another sign _that _is similarly situated in all relevant respects but for which a sign permit has been denied by the city; Ordinance No. 22- Page 21 of 23 Rev 1/22 LU The proRosed iconic sign is appropriately scaled with the building, W The proposed iconic sign does not have blinking or chasing lights: and all fluorescent lighting is baffled: (1) The proposed iconic sign will not compromise community safety, and (in) The proposed iconic sign is not an off -premise sign. 5 Conditions and restrictions. As part of an y approval of a Permit under tliis section, the ity may impose any conditions, limitations or restrictions it considers appropriate. The city may also re uire a erformance bond under FWRC 19.140.1 10 to ensure compliance with any such condition, limitation, or restriction. Section 6. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to 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 correction of 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 thirty (30) days after passage and publication as provided by law. Ordinance No. 22- Page 22 of 23 Rev 1/22 LU PASSED by the City Council of the City of Federal Way this day of 2022. 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. 22- Page 23 of 23 Rev 1/22 LU COUNCIL MEETING DATE: N/A ITEM #:_ Iv. 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 MEETING DATE: December 5, 2022 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Kent Smith P.E., Sound Transit Liaisonk DEPT: Public Works Attachments: Staff Report Options Considered: N/A MAYOR'S R.ECDMt4IENDATCON: N/A r MAYOR APPROVAL: j N/A DIRECTOR APPROVAL: Commi Cpwtcil Initial/Date Ini[iall asc Initial/Date COMMITTEE RECOMMENDATION: N/A N /A Jack Dovey, Committee Chair Jack Walsh, 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: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Terrell, Mayor 01 EJ Walsh, P.E., Pullis Works Director FROM: Kent Smith P.E., 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: • Deck work for the new girders over SW 3201h St and S 2881h St is ongoing. • Early landscaping work along 21" Ave S just south of the transit center has been delayed to 2023. • Stormwater work has started in support of the new street network adjacent to the proposed Federal Way station, along with dewatering for a storm vault near Marlene's Market and Deli. • Steelwork for the Federal Way Station is ongoing with north and south emergency stairwells expected just after Thanksgiving. ■ Construction of the first driving surface for the garage expansion is complete. • Utility crossings and key installations along 23rd Ave S and S 3171h St are pushed back to the start of 2023. These utilities need to be relocated prior to the roads being rebuilt as concrete roadways or starting the future roundabout at 23d Ave S and S 317th St. • Footings for the End of Line Facility are to be completed the week of December 5. • Landscaping, noise wall construction, systems ductwork, and MSE wall construction is ongoing along the corridor. • Prep work to construct the new concrete road for 23rd Ave S and S 317th St is expected to occur early 2023 with full road construction immediately after. OMF South: • Sound Transit staff has indicated a delay in the project schedule is anticipated. Full extent of the impacts to the project schedule are not known at this time, however the SEPA Final EIS is not anticipated in mid-2023. Tacoma Dome Link Extension: December 5, 2022 Land Use and Transportation Committee Progress Update on Sound Transit Projects in Federal Way Page 2 ■ Staff is continuing to work with Sound Transit on potential environmental constraints in the southern portion of the City. COUNCIL MEETING DATE: N/A ITEM #: L� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PLANNING FOR HOUSING NEED (E2SHB 1220) POLICY QUESTION: N/A COMMITTEE: Land Use & Transportation MEETING DATE: Dec 5, 2022 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution Other STAFF REPORT BY: Keith Niven DEPT: CD Attachments: 1. Staff Report Options Considered: 1. No further action. 2. Request follow-up action from staff. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: R �Ik r N tA DIRECTOR APPROVAL: 6;!-� Oi,hWl,y fpw 33/21122.I:55 PM Cai illcc Council Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A NA N LA M/A Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: Informational Only — no Motion expected (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 — 1/2022 RESOLUTION # r CITY OF FEDERAL WAY MEMORANDUM DATE: 5 December 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor Brian Davis, CD Director 0� FROM: Keith Niven, Planning Manager Op - SUBJECT: Planning for Housing Need Financial Impacts: This in an informational item only. Background Information: In 2021, the Washington Legislature changed the way communities are required to plan for housing. Engrossed Second Substitute House Bill 1220 (E2SHB 1220) (excerpts provided in Attachment 1) amended the Growth Management Act (GMA) to instruct local governments to "plan and accommodate" for housing affordable to all income levels. This significantly strengthened the previous language, which was "...to encourage affordable housing". Among other things, these changes require cities planning under GMA to modify the Housing Chapters of their Comprehensive Plans to identify and provide lands for housing at all affordability levels. Although the City amended its zoning code in 2021 to be responsive to 1220, it was understood at that time that the City would be receiving a breakdown of its Housing Target by income level. These disaggregated numbers would also provide targets for permanent supportive housing and emergency housing and shelter. With the 2021 code amendments, City staff recognized there would need to be additional analysis provided once the City received its numbers from the State and King County. Earlier this year, the State Department of Commerce provided detailed housing numbers to each county. For King County, these numbers are: Countywide Housing Needs by Income Band/HousingType 1 �o.000 120.000 ■ 0-30%AMI PSH u ■ 0-30P; AMI Nm-PSH O Z 100,000 b0 c 7 80,000 O 60,000 Z b 10,000 H 20,000 21,220 ® 1627-1 0 0-30%AMI 31-50%AMI 51-60%AMI 81-100% 100-120% 120%AMI AMI AMI Emergency Permanent Housing Housing Rev. 6/2020 5 December 2022 Land Use and Transportation Committee Planning Commission Code Amendments Page 2 Recognizing the next step in the process was for King County to disaggregate the county numbers and assign them to jurisdictions, King County needed to develop a process and methodology. From King County's GMPC, the following schedule was adopted by the Affordable Housing Committee (AHC) and King County staff to accomplish this task: Project 2022 2023 July Aug Sept Oct Nov Dec Establish jurisdictional affordable housing needs Now is Develop comprehensive plan review standards i • Refine a comprehensive plan ; ; ' certification pilot Consider 2021 GMPC member amendments response ; ;- Recommend new data and � r + benchmarks to collect and track ' annually Recommend future work for AHC ; necessary to implement ' recommendation Recommend CPP amendments ' necessary to implement r • recommendation _. Stakeholder engagement/revisions AHC decision OAHC sees draft ' GMPC meetings At the September 28 meeting, the GMPC began discussing three (3) draft, jurisdictional housing need by income level allocation options for alignment with key principles. Options considered were as follows: • Option 1: Focus on New Growth: Same shares of new housing growth are affordable in every jurisdiction • Option 2. Focus on 2044: Same percent shares of total housing stock in 2044 are affordable in every jurisdiction • Option 3: Focus on new growth adjusted for local factors: Same percent shares of new housing growth are affordable in every jurisdiction and adjusts outputs within each income band by three factors that increase housing choice in places with fewer affordable housing options, fewer income -restricted housing options, and a greater imbalance of low -wage workers to low -wage jobs housing. 5 December 2022 Land Use and Transportation Committee Planning Commission Code Amendments Page 3 The following chart illustrates how Federal Way's targets vary under the 3 Options considered by King County. There is not difference between the options for the emergency housing target: Federal Way Option 1: Focus on New Growth Option 2: Focus on 2044 Option 3: Focus on New Growth Adjusted for Local !Housing Factors !Housing 0 10,000 5,000. z" 0 -s,o00 < < < < < < < < < < < a a a a a ¢ a ¢ a a a a a a a a a a a `w � m 0 0 0 0 0 + o 0 0 o o �+ o 0 0 o ry + _ m fi N w m 0 Data Notes: Option land Option 2 developed using draft version of Dept. of Commerce's Housing Needs Allocation Tool See Appendix l for Local Factors used in Option 3. Produced by King County Department of Community and Human Services, Performance Measurement and Evaluation, October 28, 2022 At this point in the County's process, Option 3 is being pursued as the preferred option. For Federal Way, the following draft numbers represent the City's portion of housing, divided by type: draft Housing Need / 2091 Ui099.109 1073� - - 1779 , 840 969 �f 190 p Emergency H/S - 0-30 PSH 0-30 non-PSH F. 31-50 51-80 81-100 C7 101-120 CJ 121+ 5 December 2022 Land Use and Transportation Committee Planning Commission Code Amendments Page 4 Summary & Evaluation: The City's current zoned capacity for housing is adequate to accommodate the current 2020- 2044 Housing Target for the City (12,150). This existing capacity will be expanded with the anticipated rezoning around the South Station area. Existing zones that allow for housing will accommodate non -permanent supportive housing from 0% AMI to 121+% AMI, allowing the City to meet its disaggregated housing targets. As for PSH and Emergency Housing & Shelter, the current separation requirements identify 15 potential locations for PSH and _ locations for Emergency Housing (See Map 1 and 2). For PSH, the following capacity is allowed: For Emergency Housing: Zoning Capacity I CC-F 50 2 RS7.2 6 3 RM 2400 50 4 RS9.6 6 5 RM 3600 50 6 BC 50 7 RS 7.2 6 8 RS 15 6 9 RM 2400 50 10 RS 7.2 6 11 RS 7.2 6 12 RS 15 6 13 RS 7.2 6 14 RM 3600 50 15 RS 9.6 6 TOTAL 354 Zoning Capacity* 1 CE TBD 2 CE TBD 3 CE TBD 4 CE TBD 5 CE TBD 6 CE TBD 7 CE TBD 8 CE TBD 9 CE TBD 10 CE TBD 11 CE TBD 12 BC TBD 13 BC TBD 14 BC TBD 15 CC-F TBD 16 CC-C TBD 17 CC-F TBD 18 CC-F TBD 19 CC-C TBD 20 CC-C TBD 21 ? TBD 22 CC-C TBD 23 CC-F TBD 24 BC TBD 25 CC-F TBD 26 BC TBD 27 BC TBD 28 BC TBD 29 BC TBD 30 BC TBD 31 BC TBD 32 BC TBD TOTAL TBD *The Code does not provide for a cap PSH If the City's Target for Permanent Supportive Housing remains 1,073, the City will need to amend Title 19 to either reduce the separation of 7,040 feet; or, allow more than 50 units per site. 5 December 2022 Land Use and Transportation Committee Planning Commission Code Amendments Page 5 Emergency Housing The code provisions for Emergency Housing adopted by the City in 2021 did not cap the number of units within each facility. To meet the City's Target for Emergency Housing, each of the 32 identified locations would need to be developed at an average of 65 units/site. The City's Comprehensive Plan Housing Chapter will be reviewed and certified by King County's AHC, Puget Sound Regional Council, and WA Department of Commerce to ensure the City has been responsive to these targets. There will be a review at 5 years following certification by GMPC and WA Department of Commerce to measure progress. 5 December 2022 Land Use and Transportation Committee Planning Commission Code Amendments Page 6 ATTACHMENT 1 En rgrossed Second Substitute House Bill (E2SHB)1220. As stated in E2SHB 1220, each jurisdiction is to provide for "...a sufficient number of these housing and shelter types necessary to accommodate each city's projected need." Through this Bill, RCW 36.70A.070 was amended as follows: (2) A housing element ensuring the vitality and character of established residential neighborhoods that: (a) Includes an inventory and analysis of existing and projected housing needs that identifies the number of housing units necessary to manage projected growth, as provided by the department of commerce, including: i Units for moderate low very low, and extremely low-income households_; and ii Emergency housing, emergency shelters and permanent supportive housing; (b) ((ins)) Includes a statement of goals, policies, objectives, and mandatory provisions for the preservation, improvement, and development of housing, including single-family residences, and within an urban growth area boundary, moderate density housing options includinu but not limited to, duplexes,. triplexes, and townhomes; 5 December 2022 Land Use and Transportation Committee Planning Commission Code Amendments Page 7 (c) ( (ielen ifies) ) Identifies sufficient capacity of land for housing((,,-)) including, but not limited to, government -assisted housing, housing for ((lew ineeme—€amuses)) moderate, low, very low, and _extremely low-income households, manufactured housing, multifamily housing, ( (a -Rd) ) group homes ( (ard)) L foster care facilities, emergency housing, _ emergency shelters, permanent supportive housing, and within an urban growth area boundary, consideration of duplexes, triplexes, and townhomes; ((aid)) (d) ((mates)) Makes adequate provisions for existing and projected needs of all economic segments of the community, including: W Incorporating consideration for low, very low, extremely low, and moderate -income households; (ii) Documenting programs and actions needed to achieve housing availability including craps in local funding, barriers such as development regulations, and other limitations; (iii) Consideration of housing locations in relation to employment location; and (iv) Consideration of the role of accessory dwelling units in meeting housing needs; _(e) Identifies local policies and regulations that result in racially disparate impacts, displacement and exclusion in housing, including: W Zoning that may have a discriminatory effect; (ii) Disinvestment; and (iii) Infrastructure availability; (f) Identifies and implements policies and regulations to address and begin to undo racially disparate impacts, displacement, and exclusion in housing caused by local policies, plans, and actions; (g) Identifies areas that may be at higher risk of displacement from market forces that occur with chancres to zoning development regulations_ and capital investments; and (h) Establishes antidisplacement _policies, with consideration given to the preservation of historical and cultural communities as well as investments in low, very low, extremely low, and moderate - income housing; equitable_ development initiatives; inclusionary zoning; community planning requirements; tenant protections; land disposition policies; and consideration of land that may be used for affordable housin 5 December 2022 Land Use and Transportation Committee Planning Commission Code Amendments Page 8 Map 1 — Permanent Supportive Housing Capacity Permanent Supportive Housing and Traditional Housing 15 Maximum Locations in Federal Way (Including Current Location) s� .N 15 Its � �. •—..- � !ll' r�.,;s+,-.�—r��' . Sr+���!' r !• r:Al ftQtti■r_ !:i&L'�':�t'.t",„. _ i Caledonia ■ t� n 1 �� Point oral F r P�1 t ■ 17k1�1 l:aqn iir "f 1` Northeas Algona Tacoma Jovita Milton r Edge.wood i Current PSH Location - 7,040ft Buffer Zones Around Applicable Zone Parcels Extended Slay Parcels of Potential Locations Federal Way ® Max Potential PSH Locations Applicable Zones: BC, BN. < +T,rcdw Cppcm—fy CC-C. CC-F. CE. RM- RS 5 December 2022 Land Use and Transportation Committee Planning Commission Code Amendments Page 9 Map 2 — Emergency Housing & Shelter Capacity Emergency Housing and Shelter 32 Maximum Locations in Federal Way (Including Current Location) ■ v -i 32 �J 31q . 39® 290 ;0 28 0 E E3vrnna O 2S 90 o ,2 A oil 4 1&® Northeast Tacoma Ao os Uses. E ■ Gmrel Emargeoq Hw rq 19" BuSer ZonesArwme _ AmsdwLO:ProperUa ® MM on-U&IE n Nrcek of WKW&7m-L�,� 1.000rt8aKZol�Amund Federal Way ' Mdu Polrrryal Emcrpency r—� ApplKablr lanes- SC. CC-C. q� �j� p FO'f e e oppcW a Hausrq Loeadom CC"F, CE ApPLx Zone PJXQEFz Emergency Housing Peroel