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:
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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
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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
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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
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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
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(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
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(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
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(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
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(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��'
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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)
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32 �J
31q .
39®
290
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0
E
E3vrnna
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® 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