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02-06-2023 LUTC PacketCity of Federal Way City Council Land Use & Transportation Committee IFebruary 6, 2023 City Hall I 5:00 p.m. Zoom Meeting Notice: Pursuant to Governor Inslee's Proclamation 20-28 the Mayor and Council encourage you use one of the following ways to participate in the meeting remotely if you are unable to attend in person: Q WATCH: Click Here to Watch Online Live Streaming Video of the Meeting ® ZOOM: Watch from the Zoom mobile app with meeting: 809 975 640 and passcode: 595617 CALL IN: Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 809 975 640 C PUBLIC COMMENT: Public Comment may be submitted in -person, via email here, or sign-up to provide live comments via zoom here MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT 3. COMMITTEE BUSINESS Topic Title/Description A. Approval of Minutes January 9, 2023 B. Redondo Creek Culvert Replacement — 85% Status Report and Authorization to Bid C. Fiber Optic Loop Project 85% Design and Authorization to Bid D. Washington State Reference Network Agreement E. ORDINANCE: Mobile Food and Retail Vendors Code Amendment F. ORDINANCE: 2022 Comprehensive Plan Amendments — Rivera Property Site Specific Request and Public Works Text Amendments Non -Motorized Transportation G. ORDINANCE: Iconic Signs Code Amendment H. Interlocal Agreement with WA Commerce - Climate I. Interlocal Agreement with WA Commerce — Periodic Comprehensive Plan Update Presenter(s) Page Action Council Date or Info 3 Action N/A Mulkey 5 Action 02/21/23 Consent Cole 9 Action 02/21/23 Consent Elliott 13 Action 02/21/23 Consent Lewis 25 Action 02/21/23 ORDINANCE Kamieniecki 74 Action 02/21/23 ORDINANCE Niven 218 Action 02/21/23 ORDINANCE Niven 246 Action 02/21/23 Consent Niven 260 Action 02/21/23 Consent 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 IFebruary 6, 2023 City Hall I 5:00 p.m. Zoom Meeting J. Interlocal Agreement with WA Commerce — Housing Action Plan Implementation K. Former Target Building Demolition Bid Award L. Park Impact Fees M. Recycling Lid Lift Project Update N. Progress Update on Sound Transit Projects in Federal Way O. Housing Action Plan Implementation Presentation P. Wild Waves Niven 276 Action 02/21/23 Consent Barron 293 Action 02/21/23 Consent Gerwen 296 Info Only N/A Minion 298 Info Only N/A Smith 300 Info Only N/A Niven 302 Info Only N/A Niven 304 Info Only N/A 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be March 6, 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 January 9, 2023 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: Council President Linda Kochmar, Deputy Mayor Susan Honda, and Council Member Lydia Assefa-Dawson. Staff in Attendance: Public Works Director EJ Walsh, Public Works Deputy Director Desiree Winkler, Assistant City Attorney Kent van Alstyne, City Traffic Engineer Rick Perez, Transportation Planning Engineer Sarady Long, Senior Traffic Engineer Kathy Davis, Community Development Planning Manager Keith Niven, Senior Planner Chaney Skadsen, Associate Planner Natalie Kamieniecki, Associate Planner Evan Lewis, Sound Transit Liaison Kent Smith, Executive Assistant Amy Glandon, 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: December 5, 2022 Committee approved the December 5, 2022 LUTC minutes. • Moved: Dovey • Seconded: Tran • Passed: 3-0 unanimously B. Acceptance of Transportation Grants City Traffic Engineer Rick Perez presented the Transportation Grants for acceptance, including background information. Questions and discussion followed. Committee forwarded Option #1 (Authorization to proceed) to the January 17, 2023 Consent Agenda for approval. Moved: Dovey Seconded: Tran 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. ORDINANCE: Mobile Food and Retail Vendors Code Amendments Associate Planner Evan Lewis presented the Mobile Food and Retail Vendors Code Ordinance Amendment for approval, including background information. Questions and discussion followed. Committee remanded Ordinance Amendments back to staff for additional analysis and revisions based on Council discussion. • Moved: Dovey • Seconded: Tran • Passed: 2-0 (1 abstain) D. ORDINANCE: 2022 Various Code Amendments Associate Planner Natalie Kamieniecki presented the 2022 Various Code Ordinance amendments for approval, including background information. Questions and discussion followed. Committee forwarded Option #1 (Authorization to proceed) to the January 17, 2023 Consent Agenda for approval. • Moved: Tran • Seconded: Dovey • Passed: 3-0 unanimously E. Park Impact Fees Parks Deputy Director Jason Gerwen presented the Park Impact Fees project updates, including background information. Questions and discussion followed. F. Project Update on Sound Transit Projects in Federal Way Sound Transit Liaison Kent Smith reported on current activities regarding Sound Transit projects, including background information. Questions and discussion followed. G. Quarterly Updates for the Comp Plan Senior Planner Chaney Skadsen presented the quarterly updates for the Comp Plan, including background information. Questions and discussion followed. 4. OTHER: 5. FUTURE MEETINGS/AGENDA ITEMS: 6. The next LUTC meeting will be held February 6, 2023 at 5:00 p.m. in City Hall Council Chambers and via Zoom. 7. ADJOURNMENT: The meeting was adjourned at 06:34 p.m. Attest: Sara Gilchrist, Administrative Assistant II Approved by Committee: 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 r. COUNCIL MEETING DATE: February 21, 2023 ITEM #: 6 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: REDONDO CREEK CULVERT REPLACEMENT— 85% STATUS REPORT AND AUTHORIZATION TO BID POLICY QUESTION: Should the City Council authorize staff to complete design of and advertise the Redondo Creek Culvert Replacement and return to LUTC and Council for bid award, further reports, and authorization? COMMITTEE: Land Use and Transportation MEETING DATE: February 6, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFFREPORTBY: John Mulkey, P.E., Senior Civil EngineeRM DEFT: Public Works Attachments: 1. LUTC Memo dated February 6, 2023 Options Considered: 1. Authorize staff to complete design of and advertise the Redondo Creek Culvert Replacement and return to LUTC and Council for bid award, further reports and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the February 21, 2023 City Council consent agenda for approval. MAYOR APPROVAL: IXOD DIRECTOR I APPROVAL: colormlife Cau it 4W InitiallDatc InitiaUDatc inivallDatc COMMITTEE RECOMMENDATION: I move to forward Option 1 to the February 21, 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 complete design of and advertise the Redondo Creek Culvert Replacement and return to LUTC 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/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 6, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E. Public Works Director John Mulkey, P.E., Senior Civil Engineer JRM SUBJECT: Redondo Creek Culvert Replacement — 85% Status Report and Authorization to Bid Financial Impacts: The cost to the City for the Redondo Creek Culvert Replacement was included within the approved budget under the Public Works Department, Capital Project #34293. In accordance with the approved budget, this item is funded by Storm Water Management (SWM) User Fees. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through SWM maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: This project proposes to replace a failed culvert along a portion of Redondo Creek near 16th Ave S with a fish -passable culvert and provide stream riparian restoration upstream and downstream as necessary. This project also supports completion of the Pacific Highway Non -Motorized Trail Phase 2. 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 • Draft Critical Areas Assessment • JARPA (Joint Aquatic Resources Permit Application) submitted • Project Design to 85% Ongoing tasks include: • Utility Coordination • Additional Permitting • Right of Way • Contract Specifications • Project Design to 100% Proiect Estimated Expenditures Design $ 300,000 Right of Way $ 40,000 Construction Cost $1,467,000 Construction Contingency (15%) $ 220,000 Construction Management & Inspection $ 203,000 Total Estimated Expenditures $2,230,000 Rev. 6/2019 1.15 ti CITY 0' + 34293 - Redondo Creek Culvert Replacement Federal Way 1.3363 Centered — Opporfunrty , r� Text Puget Sound 1 � SW 3201h St o A 40 k °o 9 N 0 1 0 Qx 5: SW 312th St r SW 320th st 1 % - (S288th St _f ys r3 304th St In S 312th St 1 � T S 320th S > Q r 3 ( S 324th Str x E a 1 / 75 S 9rr36th SI 1 \ in � �3 L) S 348th St f I ---- L) M Q m � at - - O �. i t is—_C o - �`` , S 0 ASH Pp/MT y � y y �L Sacjawea Park 'tea LU W W — 2 Legend Project Location Parcels Streams Parks o City Limits Building Footprint This map is accompanied by no warranties and is simply a graphic representation COUNCIL MEETING DATE: February 21, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FIBER LOOP PROJECT 85% DESIGN AND AUTHORIZATION TO BID POLICY QUESTION: Should the Council authorize staff to complete the design and bid the Fiber Optic Loop project and return to Council for bid award, further report, and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 6, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Cole, Civil Engineer DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated February 6, 2023. Options Considered: 1. Authorize staff to complete the design and bid the Fiber Optic Loop project and return to LUTC and Council for bid award, further report, and authorization. 2. Do not authorize staff to proceed and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. Authorize staff to complete the design and bid the Fiber Optic Loop project and return to Coun`il for bid award, further report, and authorization. MAYOR APPROVAL: �1 DIRECTOR APPROVALF1-11: a Z 3 mmi c / until Innial/Date Initialfl ate Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the February 21, 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 complete the design and bid the Fiber Optic Loop project 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: February 6, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director ��/ John Cole, Civil Engineer SUBJECT: Fiber Optic Loop Project 85% Design Status Report and Authorization to Bid Financial Impacts: The cost to the City for the Fiber Optic Loop Project was included within the approved budget under the Public Works Capital Budget (Fund 306, Project 239). In accordance with the approved budget, this item is funded by Sound Transit Mitigation Fees. Upon completion of the Fiber Optic Loop Project, future costs associated with operations and maintenance will be funded through the Information Technology budget. Background Information: This project provides for the completion of a fiber optic loop by providing a redundant north - south fiber cable generally along Military Road between S 317th and S 272nd and tying into the city's existing fiber spine along Pacific Highway. The following provides a brief synopsis of the progress on the project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: • Project Design to 85% Ongoing Tasks Include: Project Design to 100% Advertisement for Bids Fundinp_ Summary: Project Funding; Sound Transit Mitigation $ 2,600,000 Total Funding Available $ 2,600,000 Estimated Expenditures: Design $ 206,000 Construction Cost $2,250,000 10% Construction Contingency $ 225,000 Construction Management ( 275,000 Total Project Costs $2,956,000 Rev 6/2020 February 6th, 2023 Land Use and Transportation Committee Fiber Loop Project 85% and Authorization to Bid Page 2 J N CITY OF Federal Way 1.22 000 CM10c d on opponun;ry I 36239 - Fiber Optic Loop Project S 272nd St S 272nd St s ,F y Poverty l Bay CO r� 6ot o` 4 0 S 288th St � 3 N W y w N ra IL 14 ayr 1 O 1 h S O4th St Steel r Lake i S 3081h St © C Lacier B Lakr Ii 312hSt S312hSt u ! N J r m a H 3 _ . w { Legend C3 City Limits Fiber Loop FiberLoop- Optional Parks #0 COFW Sch B / Streams #0 Interconnect Sch C 00 Kent Sch D 00 Sound Transit This map is accompanied by no warranties and is simply a graphic representation Star r Lake Si 288th St a s S 298th St rn Q s M �S 304th St a> C1 A x y G -ederal Na , dl C w COUNCIL MEETING DATE: February 21, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WASHINGTON STATE REFERENCE NETWORK AGREEMENT POLICY QUESTION: Should the City enter into an interlocal agreement with the City of Seattle to improve the global positioning system ("GPS") efficiency for survey and mapping related to utility, transportation and other public capital improvement projects. COMMITTEE: LUTC MEETING DATE: Feb 6, 2023 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cole Elliott, RE_, Development Services Manage ADEPT: Public Works Attachments: 1. Staff Report 2. Washington State Reference Network Agreement Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: V4 t 11311-01-3, Inivalroa[e COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the February 21, 2023 agenda for approval. Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to execute said agreement. " (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 # Rev. 6/2020 WASHINGTON STATE REFERENCE NETWORK AGREEMENT Subscription Account This Washington State Reference Network Agreement (the "Agreement") is made and entered into by and between [individual, public sector entity representative or company representative], representing _City of Federal Way [public sector entity], herein referred to as (the "subscriber") and the City of Seattle, acting by and through Seattle Public Utilities (the "City"). The subscriber and the City are sometimes referred to individually as the "party" and collectively as the "parties." 1 RECITALS A. Using data from satellites owned by the United States of America, global positioning systems ("GPS") can provide efficient methods for surveying and mapping activities related to utility, transportation and other public capital improvement projects. The speed and accuracy of such technology can be enhanced by linking GPS continuously operating reference stations ("CORS") to a central processing center ("CPC") in a real time GPS network ("Washington State Reference Network" or "WSRN"). Each CORS will transmit live GPS satellite data to the CPC for processing, distribution of real time positioning corrections to members of the WSRN and other authorized users, archiving, and posting on a web page application. B. The WSRN was created by the City as a cooperative effort with other governmental agencies that will operate CORS within the State of Washington. The WSRN eliminates duplication of equipment, software and operational expenditures, while providing greater coverage and accuracy of real time positioning solutions and data from each CORS. Entities that operate CORS, or otherwise contribute to the infrastructure of the network, under agreement with the City are known as "members" of the WSRN, and are provided with access accounts by agreement. Users of the network services with access accounts under agreement with the City for an annual fee are known as "subscribers". C. Each party has determined that cost savings and other public benefits can be achieved if the party becomes a subscriber of the WSRN. Page 1 of 10 V8.1 January 2023 NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 2 AGREEMENT 1. CENTRAL PROCESSING CENTER (CPC) 1.1 The City shall own and be responsible, at its expense, for all aspects of the operation and maintenance of the CPC, including without limitation servers, GPSNet and other software necessary for the CPC to accomplish its tasks as set forth in this section 1. 1.2 Based on received data streams from a grid of CORS, the CPC will send system information and real time corrections via cellular connections to the subscriber's mobile devices for positioning, locating and navigating with satellites of the GPS. The CPC also shall make data files available for static GPS post processing. 1.3 The City shall operate and maintain a web application to display the system status, data generated by GPSNet software for notification of system status, availability, component quality, static data files, and general information. 1.4 The City will provide telephonic Help Desk services, from Monday through Friday, 9:00 a.m. to 3:00 p.m., but only to troubleshoot connections to the CPC servers. The Help Desk will not answer questions concerning subscriber's hardware or software, surveying or other field data collection methods, commercial cellular connections, or system status or monitoring report data that is otherwise available from the web application. 1.5 The City shall provide centralized data logging and archiving, access to CORS logged data files, access to real time corrections via wireless technology, and system monitoring for the WSRN. 1.6 The services to be provided by the City and described in this section 1 are referred to as the "WSRN Services." Page 2 of 10 V8.1 January 2023 2. CONTINUOUSLY OPERATING REFERENCE STATIONS (CORS) This section applies to WSRN members; those entities that operate CORS, or otherwise contribute to the infrastructure of the network, under agreement with the City. This section has been included in the body of this agreement to provide context to provisions cited in section 6. 2.1 By agreement with the city, WSRN members own and operate their own CORS. For the duration of said member agreements, each CORS provides to the CPC unlimited 24-hour-a-day access via Internet protocol to a data stream from each of the respective CORS. The data streams are in a form suitable for the GNSS network software at the CPC. Failure to provide data streams in such a form subjects the respective members to the provisions of section 3.6. The member shall be responsible for all costs associated with the acquisition, installation, configuration, compatibility, operations, maintenance, and any upgrades of its CORS. An individual subscribers is not responsible in any way for the acquisition, installation, configuration, compatibility, operations, maintenance, and any upgrades of any member CORS, unless a subscriber has entered into a separate member agreement with the city. 2.2 By agreement, members agree to give the City 48 hours' written notice before any of the members CORS is taken out of service for planned maintenance. If members CORS temporarily stops operating on an unplanned basis, the member shall notify the City in writing as soon as practicable. 2.3 The members have agreed to give the City 180 days' written notice before the member discontinues operation of a CORS. The City may, within 60 days of receipt of such notice or in accordance with section 3.8, notify the member that the City desires to assume operation of a non -operating or inadequately operating CORS. In such event, the members have agreed to grant the City the right of access to that CORS for as long as the City operates it; the City shall refund the pro-rata portion of the any annual fees specified in the original member agreement and the member will have no further responsibility for that CORS. 2.4 For the duration of this Agreement, the subscriber may participate with other members of the WSRN in a technical advisory committee to be staffed and administered by the members and subscribers. This committee may identify solutions, upgrades and other desired enhancements to the WSRN. Page 3 of 10 V8.1 January 2023 3. CPC ACCESS 3.1 For the duration of this Agreement, the subscriber shall have unlimited access via the number of accounts to be invoiced for per attached application form; provided, that such accounts may only be used by the individual subscriber, their company, or public sector entity (if subscriber represents a public sector entity) unless otherwise permissible as specified in section 3.4. 3.2 'Authorized account users shall access WSRN Services only via authenticated login and passwords provided under signed agreements with the City. Authentication will be achieved by using the public domain Ntrip protocol (Networked Transport of RTCM via Internet Protocol) . 3.3 The subscriber shall be responsible for the purchase, installation, maintenance, ownership and operation of all equipment needed to use WSRN Services, including without limitation the Ntrip protocol. 3.4 The subscriber shall not transfer access to any of its accounts to any person or entity not an employee of the subscriber's company or public sector entity. In the case of public sector subscribers, a contractor or consultant under contract with said public sector entity may use the account only per the provisions in sections 3.4.1 and 3.4.2. 3.4.1 If the public sector subscriber wishes to have one of its consultants or contractors access one of its accounts, the public sector subscriber will provide prior written notification to the City, with the company name, postal and e-mail address, and phone number, as well as duration of access (not to exceed three months, but may be extended via written request). Forty-eight hours after the end of the requested access time, the City will change the login and password for that account. 3.4.2 If access actually is needed for a shorter period than estimated, the public sector subscriber will notify the City within 48 hours of the end of the access period, and the City will change the login and password for that account. 3.5 The City will monitor, log and enforce account usage. Page 4 of 10 V8.1 January 2023 3.6 The password and login for a specific account shall not be used concurrently by more than one party for any WSRN Services. 3.7 The subscriber shall notify the City of any use of any subscriber access account by an individual who is not an employee of their company or respective public sector entity. 4. MANAGEMENT; COMPENSATION 4.1 Within 30 days of complete execution of this Agreement and subsequent invoicing, the subscriber shall pay a subscription fee based on any combination of the following options (the subscriber will check and initial) as an annual fee for one year of WSRN services: • $1,900 for [1] one account X Initials • $5,700 for [5] five accounts Initials • $10, 000 for [10] ten accounts _ Initials • $15,000 for [20] twenty accounts _ Initials • $20,000 for [40] forty accounts , Initials 4.1.1 Subscribers who have selected either the 5 or 10 account options in section 4.1 also agree to participate in the research and outreach efforts of the WSRN cooperative. Such participation may include such activities as agreement to allow photographing of the subscriber's field activities for the purposes of developing outreach materials, user testimonials, a report, or other written feedback. Said outreach shall be in the amount of at least one suitable photo per year and/or one user report or one -page testimonial, or other documented feedback. Research participation may include provision of field observation results, particularly for observations made of NGS (National Geodetic Survey), or WSDOT (Washington State Department of Transportation) monuments and benchmarks, or other report(s) on aspects of network quality, positional integrity, accessibility, or availability. Said research or outreach contributions will be submitted, digitally or in hard copy via mail or email to the CPC during the subject year of subscription per this agreement. Page 5 of 10 V8.1 January 2023 4.2 Commencing one year after the anniversary date as agreed to in section 5.2, and annually thereafter, the subscriber will be invoiced for each subsequent year of service unless otherwise notified in writing of intent to terminate service. The subscriber will be notified of any changes in the fee structure prior to the end of each year for which the fee has been paid. The subscriber shall pay the City within 30 days of receipt of an annual invoice. 4.3 The City shall determine which entities may become members and subscribers of the WSRN. 5. DURATION 5.1 _ This agreement is effective upon signature by both parties and will remain in effect through each subsequent year for which the subscribers has paid the annual subscriber fee. 5.2 The anniversary date for this agreement shall be: , 2023. Note: Leave Blank. This date will be entered by "The City" upon execution 5.3 The account access will be opened upon receipt by the city of a signed agreement and complete application form. The first year of service will extend until the anniversary date of the initial invoice. An invoice for each subsequent year will be issued before said anniversary date. The service year for each subscriber will, provided the invoice is paid within 30 days of issue, continue through to subsequent anniversary dates. 5.4 Should there be a lapse in payment beyond 30 days of an invoice, the account will temporarily be closed, and the service year anniversary date will reset accordingly. 5.5 The subscriber is responsible for keeping the City informed of any change of billing mailing address, and/or billing email address, to avoid undeliverable invoices. Unpaid invoices due to invalid billing mailing/email addresses will be subject to late fees/interest. Page 6 of 10 V8.1 January 2023 6. NO WARRANTIES; LIMITATION OF LIABILITY 6.1 Use of these WSRN services is at the subscriber's sole risk. The City provides WSRN Services on an "as is" basis. Neither WSRN members, nor the City, its officers, employees, vendors, or third -party service providers (collectively as used in this section 6, "Seattle") makes any express or implied representation or warranty of any kind with respect to WSRN Services. By way of example and not of limitation, there is no representation or warranty (a) that WSRN Services will be uninterrupted or error - free, (b) that the results obtained from using WSRN Services will be accurate, reliable, complete or current, or (c) of merchantability or fitness for a particular purpose. WSRN Services and information related thereto are subject to change without prior notice. 6.2 Neither Seattle nor the subscriber, or WSRN members, is liable for any damages arising out of or in connection with WSRN Services, including without limitation mistakes, omissions, interruptions, deletion of files, errors, defects, viruses, delays in operation or transmission, or failures of the CORS. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. 7. DISPUTE RESOLUTION In the event of a dispute between the parties regarding this Agreement, the parties shall attempt to resolve the matter informally. If the parties are unable to resolve the matter informally within 30 days, the matter shall be decided by subscriber and the Public Utilities subject to any other legal remedies the parties may have, including, but not limited to, mediation or litigation. S. NOTICES All notices and invoices required in connection with this Agreement shall be in writing and deemed to have been duly given if personally delivered or sent by e-mail, fax, United States mail or overnight delivery service, each with proof of receipt, as indicated below or as otherwise indicated in writing by one party to the other. Page 7 of 10 V8.1 January 2023 Seattle Public Utilities Engineering and Technical Services Division PO Box 34018 Seattle, WA 98124-4018 Fax: 206-684-7396 E-mail: F,avin.schrock(c'bseattle.y,ov 9. OTHER PROVISIONS City of Federal Way Public Works 33325 8th Avenue South Federal Way, WA 98003-6325 Fax: 253-835-2709 E-mail: EJ.Walsh@cityoffederalway.com 9.1 Nothing contained herein is intended to, nor shall be construed to, create any rights in any party not a signatory to this Agreement, or to form the basis for any liability on the part of the City, the subscriber, or their officials, employees, agents, or representatives, to any party not a signatory to this Agreement. 9.2 Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.3 If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of the parties. 9.4 The captions in this Agreement are for convenience only and do not in any way limit or amplify the provision of this Agreement. 9.5 This Agreement, including Recitals (which by this reference are incorporated herein) contains the entire agreement of the parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. 9.6 The provisions of this Agreement shall be construed as a whole according to their common meaning and consistent with the other provisions herein contained in order to achieve the objectives and purposes of this Agreement. Each party and its counsel (if the party so desires) has reviewed and revised this Agreement. Each Party agrees that the usual rule of construction to the effect that any ambiguities are to be Page 8 of 10 V8.1 January 2023 Tanya Treat Director Engineering and Technical Services Division Seattle Public Utilities WASHINGTON STATE REFERENCE NETWORK Application for Subscription Account(s) All information will be kept strictly confidential unless otherwise indicated by 4ophcant Contact Information Applicant Name * [Individual or Primary Contact] a. Daytime Phone * [Primary Contact] b Cell [Primary Contact] C. Email " [will be added to notification list] d. Billing Email " [who we send invoices to] e. Representing * [Self, Company or Public Entity] f. Alternate Contact [to act on your behalo g Alternate Phone h Alternate Email [Add to notification list?] y / in ? i. Do you wish to be added to the email list for the WSRN Tech Advisory (Users Group)? yI n Billing Address * Mailing Address [same?] y / n k. r. M. s n. t. 0. City p. State U. City I v. State q. Zip W. Zip ONE x. Number of Logins* FIVE (Check One or TEN _ Combinations) 20_ 40_ y. Annual subscription rate in effect for all new accounts: $1,900.00 US [fee includes all applicable taxes] $5,700.00 US [fee includes all applicable taxes] $10,000.00 US [fee includes all applicable taxes] $15,000.00 US [fee includes all applicable taxes] $20,000.00 US [fee includes all applicable taxes] Conditions. The applicant hereby agrees to the terms of the attached subscriber agreement and that an invoice will be issued and mailed to the above billing address for an amount equal to the number of accounts requested [per box "x"] multiplied by the current annual subscription rate [per box "y"]. The accounts will be activated on receipt of this application and a signed user agreement. Invoices will be issued and mailed to the above billing address Invoices will be issued and sent to the above billing email address Monthly statements will be sent to the above mailing address. The applicant will have 30 days to pay upon receipt of the invoice. If payment is not received within the 30 days, the account will be suspended until payment is received Applicant Initials Preference for Login Names max. 8 characters minimum 4 alpha characters plus z minimum of two numeric (e.g. " ABCD12"). Your password(s) will be issued, phone if you need to change the password(s). Logins can be used for real-time and web services. Leave blank if Leave blank if you wish you wish to retain the same logins as your test account. Or leave blank if you wish the WSRN to use the same as test to assign. to ins Mail or email completed agreement and application to: Seattle Public Utilities Attn: Gavin Schrock 700 5th Ave, Ste 4900 Seattle WA 98124 Signature of Applicant Date * Indicates required fields. To avoid interest/late fees for unpaid invoices, please inform the WSRN of any change of billing mailing address, and/or billing email address. Page 10 of 10 V8.1 January 2023 COUNCIL MEETING DATE: February 21, 2023 ITEM h CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: MOBILE FOOD AND RETAIL VENDORS CODE AMENDMENT POLICY QUESTION: Should the City Council adopt a new Chapter 19.290 regulating mobile food and retail vendors in the Citv? COMMITTEE: Land Use & Transportation MEETING DATE: February 6, 2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Evan Lewis DEPT: CD Attachments: 1. Staff Memo 2. Public Comments 3. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECO MAYOR APPROVAL: S� n%�O� DIRECTOR APPROVAL: ! �Z CiaUnte,oOJinaie COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on February 21, 2023. Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (FEBRUARY 21, 2023): "I move to forward the proposed ordinance to the March 7, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (MARCH 7, 2023): "I move approval of the proposed ordinance. (BELOW TO BE COMPLETED B)' CITYCLERK 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: February 6, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Keith Niven, CD Director Evan Lewis, Associate Planner.-=. SUBJECT: Mobile Food and Retail Vendors Code Amendment Financial Impacts:_ There are no costs to the City for adopting the proposed code amendments; all time spent implementing the permitting aspects of the ordinance will be subsumed by existing staff. Memo Addendum Addressing)/9/23 LUTC Questions This additional information addresses council questions and comments raised during the 1/9/23 LUTC meeting. The remainder of this memo is unchanged from the 1 /9/23 LUTC packet. Concern 91: Competition with Brick & Mortar Staff Response Summary: Food truck vs. brick & mortar restaurant comparisons are apples -to -oranges comparisons. These are two different uses/activities that offer a different product, serve different customer bases, and have different impacts. As different uses, it is appropriate that food trucks and brick & mortar restaurants require different zoning and permit requirements scaled and calibrated to each use, just as there are for all other uses listed in Federal Way's zoning code. The proposed code amendment fixes an ineffectual code design specifically for the food truck use. Concern #2: Site duration for Class II mobile vendors Staff Response Summary: Allowing Class II mobile vendors to operate up to 180-days is scaled to industry practices, accommodates seasonable businesses, is consistent with FWRC business license time thresholds, and allows time for food trucks to establish a Federal Way customer base. Concern #3: Code enforcement Staff Response Summary: Mobile vendor code violations, whether violations of site duration thresholds or any other proposed mobile vendor requirement, would be handled on a complaint basis consistent with how most code enforcement issues are handled in Federal Way. Under current code and practices, with food trucks subject to only a 4-hr. limit before triggering any permit review requirement, there have been zero documented code complaints or violations involving food trucks. More detailed responses to concerns # 1 and 2 are provided below. Rev. 6/2020 February 6, 2023 Land Use and Transportation Committee Mobile Food or Retail Vendors Code Amendments Page 2 1) Competition with Brick & Mortar: Concerns were raised at the 1/9/23 LUTC meeting that the proposed code update, and the associated streamlined permitting for many food trucks, may create an unfair permitting advantage over brick & mortar establishments. Such concerns raise a common but fundamentally apples -to -oranges comparison between mobile vs. brick & mortar uses: a) Food trucks offer a different customer experience than brick & mortar. While both food trucks and brick & mortar restaurants sell food, the overall customer experience food trucks offer is an entirely different product from brick and mortar restaurants; each with pros and cons that attract customers seeking different services. Comparatively, grocery stores also sell food, but concerns are rarely raised that food trucks next to grocery stores have an unfair advantage over brick & mortar restaurants because it's usually recognized that grocery stores are also a different customer experience and product than restaurants; the same recognition is appropriate for the food truck vs. brick & mortar comparison. b) Food trucks serve a different target audience than brick & mortar. At the time of any given purchasing decision, customers seeking the brick & mortar experience are unlikely to be swayed toward a food truck, and visa versa. Thus, permitting food trucks different from brick & mortar has no ill effect on nearby restaurants. Their customer bases are usually different and do not compete with one another. c) Food trucks lead to mutually beneficial business opportunities. The mobile nature of food trucks can activate urban spaces and help bring a different type of customer base near brick & mortar establishments in a way that's mutually beneficial to both. Brick and mortar establishments increasingly partner with food trucks to enhance their products. For example, breweries that only serve beverages and light snacks, and which avoid opening kitchens since the permitting can be cost -prohibitive, often invite food trucks to their parking lots to provide convenient food options for brewery customers. As different uses, different zoning and permit requirements between food trucks and brick & mortar restaurants is consistent with differences between all other uses in FWRC. 2) Site duration for Class II mobile food or retail vendors: Allowing food trucks to operate up to 180 days on a site, after obtaining a business license and completing a review checklist, is supported by the following: a: Industry practices: Food trucks that only have a Federal Way business license are currently code -limited to 4 hours per site per day before triggering a substantially more costly and time -intensive temporary use permit or site plan review (use process). These existing thresholds are not properly scaled or February 6, 2023 Land Use and Transportation Committee Mobile Food or Retail Vendors Code Amendments Page 3 calibrated for the way food trucks operate in order to be successful. Since Federal Way's current food truck code was adopted in 2012, the industry has grown significantly nationally and regionally. Despite this growth, Federal Way has had zero documented code compliance complaints or violations involving food trucks. The 180-day threshold is set high enough to still ensure that there's some reasonable line between a temporary vs. permanent level of permit review, while also ensuring that the city's code doesn't create a large volume of arbitrary code violations disconnected from any real health, safety or welfare concerns with food trucks. b. Seasonal businesses: 180 days approximately captures the spring/summer warm weather season and the fall/winter cold weather season. It's reasonable to allow more seasonal mobile vendors to operate on the same site without triggering a more costly and timely permit review every single year. c. Lease lengths: Food trucks signing a 6-month or longer lease signifies a longer - term intent to park at particular location which makes 180 days an appropriate threshold triggering a permit or site plan review. d. Consistency with other code: Under FWRC Title 12, "roving mobile vendors," which include some uses under the mobile food or retail vendor definition, are allowed to operate up to 90 consecutive or non-consecutive days with only a temporary business license. Other businesses are subject to a permanent business license with an annual renewal. 180-days is a reasonable medium between these the 90-day temporary vs. annual permanent business license thresholds before triggering a permit or site plan review. Time to establish customer base: Establishing a Federal Way customer base is difficult if food trucks aren't able to test out local sites for longer periods without triggering a permit process that can take a month or more. This constraint is noted in findings from the attached Federal Way Chamber Food Truck SWOT Analysis. Further context to some of the points raised are found in the following attached reports: • Federal Way Chamber of Commerce 2022 Food Truck SWOT Analysis • Urban Food Link's 2014 Mobile Vending in South King County, WA report The following Municipal Research Services Center (MRSC) article provides additional insights on food truck regulations: litins://mrsc.org/stay-informed/nirsc-insip,ht/iune-2018/food-truck-laws-and-regulations February 6, 2023 Land Use and Transportation Committee Mobile Food or Retail Vendors Code Amendments Page 4 [Background Information: The proposed code amendments are directed at what are commonly known as food trucks. Compared to currently existing code, the proposed "mobile food or retail vendor" code amendments establish more clear, consistent, and flexible mobile vending review processes and standards which are more appropriately scaled to the unique and varied ways that mobile vendors operate. The City's current mobile vending code requirements are primarily found in FWRC 19.275.070 for Food trucks/carts; a code section adopted in 2012. In the past 10 years the food truck industry (which likely comprises most mobile vending) has seen significant growth nationally and locally, bringing food and retail goods to new areas, offering a new venue for existing brick -and -mortar restaurants and retail, and providing a popular entrepreneurship opportunity for many individuals. However, mobile vendors pose several local permitting challenges due to the variety of property types they operate on, varied duration of operation at any one location, site uses and layouts, vehicle designs, and their mobile nature in general. Federal Way's current temporary use regulations are inadequately one or two sizes fit all, resulting in: (1) many food trucks undergoing little to no review by the City and subject to code requirements generic to all temporary uses; or (2) food trucks that operate more than 4 hours per day at a location (a common occurrence) are permitted via a process that can take weeks or months. The City's code therefore has a steep gradient between no review for most food trucks and a level of review that is out of scale with what is reasonable given the impacts from mobile vendors. It also lacks a definition for food trucks/carts or mobile vending which makes it difficult for staff to confirm if a food truck or other mobile vendor is subject to our temporary use code or not. The proposed updates help ensure that the code -established process does not cause mobile vendors who would otherwise operate in Federal Way to not operate here, nor cause mobile vendors to evade (either intentionally or unintentionally) code -required review processes. It also provides levels of review more appropriately scaled to the ways mobile vendors operate. Proposed Code Amendments (Summarv): Proposed mobile food or retail vendor code changes result in the following updates to Federal Way's Zoning Code Title 19 1) Removes "Food trucks/carts" section of Temporary Use Code (FWRC 19.275.070) a new "Mobile food or retail vendor" chapter will replace the temporary use chapter requirements for that use and activity. 2) Adds definitions to the zoning code (FWRC 19.05) pertaining to mobile food or retail vendors. 3) Establishes a new "Mobile Food or Retail Vendors" zoning code chapter that addresses a wider range of mobile vending scenarios and establishes clearer review processes and requirements that are more appropriately calibrated to those scenarios. 4) Establishes a use chart and zoning requirements associated with that use for all zones other than single-family residential zones. February 6, 2023 Land Use and Transportation Committee Mobile Food or Retail Vendors Code Amendments Page 5 These updates are further described below: Code Update Summary of Update 1) Remove "Food Mobile vending activities, including food trucks/carts, are trucks/carts" currently covered under Federal Way's Temporary Uses chapter in section of FWRC 19.275. The proposed code updates remove the food Temporary Use trucks/carts section of this chapter since mobile vending activities Code FWRC will be covered under a new and separate code chapter. 19.275.070) 2) Add definitions to Two new definitions are proposed: the zoning code 1) "Mobile food or retail vendor" broken into three different (FWRC 19.05) classes, with each class associated with different permit review pertaining to standards and processes. mobile food or 2) "Mobile or temporary health services" since such services are retail vendors. specifically excluded from the definition of "mobile food or retail vendor." 3) Establish a new This new code chapter establishes the following: "Mobile Food or 1) New or clarified code requirements for all mobile vendors Retail Vendors" regardless of where or how long they operate. zoning code 2) More appropriate review processes for different types of chapter. mobile vendors, resulting in the following levels of review: a. With a business license and completion of a city checklist, any mobile food or retail vendor can operate up to 180 days on any property which does not have a single-family residential use with the property owner's permission, or operate on a single-family residential property as frequently as 1 day per month. b. With a business license, checklist, and new Mobile Food or Retail Vendor Permit, mobile vendors can operate permanently on a public or private property when accessory to another use. This review would likely take a few weeks. c. With a Use Process I review (which is the least - intensive level of site plan review), a mobile vendor can operate permanently on an improved property that does not have an already established use and that has non-residential zoning. Minimum setbacks and parking, and maximum height standards are established for this mobile vendor class. 3) Other code provisions common to many zoning chapters including statements of purpose and applicability, a list of exempt activities, and a variance option. 4) Establish a use A use chart with associated review process, lot size, setback, chart and zoning height and parking requirements are proposed to be added to all requirements non-residential zones. This use chart will be applicable for Class February 6, 2023 Land Use and Transportation Committee Mobile Food or Retail Vendors Code Amendments Page 6 Code Update Summary of Update associated with that III mobile vendors that are proposed as the primary use on a use for all zones property. other than single- family residential. What proposed code updates do not do: 1) Promote or discourage mobile vending vs. the status quo 2) Change existing requirements for mobile vendors: a. In public rights -of -ways b. At special events 3) Change requirements for other temporary uses 4) Supersede or conflict with regulations from other local or state agencies including WA Dept. of Revenue, WA Labor and Industries, King County Public Health, or South King Fire & Rescue Procedural Summary: The procedure followed for making this amendment is shown below: 9/16/22: Public Notice of SEPA Decision published and posted (website) 9/16/22: Issuance of SEPA Determination of Non -significance (DNS) and Public Notice 9/30/22: End of SEPA Comment Period 10/5/22: Planning Commission Briefing 10/21/22: End of SEPA Appeal Period 11/2/22: Public Hearing 1/9/23: LUTC Council Committee 1/17/23: City Council 1st Reading 2/7/23: City Council 2nd Reading Public Comments: The City received 1 comment during the SEPA comment period, and 0 comments during the public hearing comment period. However, in August 2022 during the code development process, three individuals provided comments to inform the mobile vendor code. All four of the comments received are attached to this staff report, and described below. Comment Description I Staff Response to issues raised in comments 8/8/22 comment from Jen Gustin, Food Truck Operator: 1) Fairness, reasonableness and equity: The Comment expressed support for the city looking at food proposed code updates provide a clearer, truck code updates. Comment also requested: more consistent, and more flexible mobile 1) Fairness and support for small businesses vending code, and increase fairness, permit 2) Concern about fees for food truck permits review reasonableness and equity for 8/9/22 comment from Roger Neri: comment requested mobile vendors by properly scaling and that: calibrating permit processes and February 6, 2023 Land Use and Transportation Committee Mobile Food or Retail Vendors Code Amendments Page 7 Comment Description G Staff Response to issues raised in comments 1) Code updates don't make it harder for food trucks to operate; 2) Food truck requirements be limited to parking 2) and not include duration restrictions. 8/10/22 comment from Celia Berk, Food Truck Operator: This comment: 1) Mentioned the obstacles that they've faced as a food truck operator 2) Requested that code updates are fair and reasonable for vendors 3) 3) Expressed various benefits that food trucks bring 4) Expressed concerns about equity in code changes such as this requirements to the unique and various ways that mobile vendors operate. Fees: For mobile vendors operating up to 180 days at a location, the only city fee is the business license fee that businesses already have to pay. The threshold for triggering a more intense permit review is significantly increased from the 4-hours per day to 180-days on a site. Difficulty & duration restrictions: Given the much higher threshold for triggering a more intense permit review, most mobile vendors will be subject to a less difficult permit process. Mobile vendors operating permanently (over 180 days) on a site with an established use will be subject to a permit process with likely a few week turnaround time. Mobile vendors operating permanently on a property that does not have an already established use will be subject to the lowest -intensity site plan review process. 9/30/22 comment from Lori Johnson, Executive Director Staff acknowledges this comment. of the WA State Food Truck Association (WSFTA). The comment expressed the proposed code is "fair and safe code for the mobile food industry" and also mentioned WSFTA's seasonal food truck program and services they offer communities. Planning Commission Recommendation: The Planning Commission conducted a Public Hearing on November 2, 2022. There were no additional comments from the public received during the public hearing. Following 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 aneroval. Decision Criteria: FWRC 19.80.130 provides three criteria for development regulation amendments. The following section analyzes the compliance of the proposed amendments with the criteria provided by FWRC 19.80.130. The City may amend the text of the FWRC only if it finds that: 1. The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) goals and policies: a) LUP3: Use design guidelines and performance standards to create attractive and desirable commercial, office and commercial/residential mixed -use developments. February 6, 2023 Land Use and Transportation Committee Mobile Food or Retail Vendors Code Amendments Page 8 b) LUP4: Maximize efficiency of the development review process. c) LUP6: Conduct regular reviews of development regulations to determine how to improve upon the permit review process. d) LUG3: Preserve and protect Federal Way's single-family neighborhoods. e) EDG1: Promote and create a sustainable, diversified and globally focused economy. f) EDP2: Periodically monitor local and regional trends to be able to adjust plans, policies, and programs. g) EDP10: Continue to implement a streamlined permitting process consistent with state and federal regulations to reduce the upfront costs of locating businesses or redeveloping businesses in the City. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed code update clarifies and properly scales and calibrates permitting processes for mobile vendors and ensures that all mobile vendors are subject to and reviewed for the same minimum code requirements. It also develops performance standards that are specific to the unique operations of mobile vending rather than general to all temporary uses. 3. The proposed amendments are in the best interest of the residents of the city. The proposed code update will increase the consistency with which mobile vendors are permitted; reduce the likelihood that mobile vendors will operate in Federal Way without knowing or being subject to minimum standards that protect public health, safety, welfare and quality of life; and ensure that mobile vendors who operate temporarily in Federal Way are subject to a review process properly scaled to the potential impact the mobile vendor will have at any given location. 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. Mavor'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 Mobile Food or Retail Vendors be approved. Attachments 1) Public Comments 2) Federal Way Chamber of Commerce 2022 Food Truck SWOT Analysis 3) Urban Food Link's 2014 Mobile Vending in South King County, WA report February 6, 2023 Land Use and Transportation Committee Mobile Food or Retail Vendors Code Amendments Page 10 Attachment 1: Public Comment #1 From: bossmamaskitchen@comcast.net Sent: Monday, August 8, 2022 1:47 PM To: Evan Lewis; Ping Inquiry; COUNCIL; Jim Ferrell; Evan Lewis; Ping Inquiry; COUNCIL; Jim Ferrell Subject: Food Truck Regulations [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Hello Team, I know you're in the middle up updating your municipal codes for food trucks/mobile vending. I just wanted to say thank you for caring about our industry, thank you for listening and thank you for supporting small business. This is my 6`h year as a mobile food truck owner, and I love what I do. I get a lot of requests from Federal Way, and must turn them down, because I like to play by the rules and stay within guidelines. The last thing I want to do is cause a problem. I think it's great that you're looking at making changes. If I could say anything..... it would be this; please be fair, please be small business friendly, and please support us. Financially, asking trucks to pay for a "food truck permit" is a deterrent for most of us. If we pay a fee every city we go to, it defeats the purpose. Some people think these trucks are a cash cow. Some days, we do great, and all is well.... others, not so much. It balances out. Being nickel and dimed is hard ..... and I think I speak for all of us out here when I say, please refrain from additional fees. It's not small business friendly. Prime example.... for me to drive my truck into King County every year, it costs me an additional $908.00 from King County Health. If I have to pay a fee per city that we work in ...... it doesn't benefit anyone. It's a deterrent. We want to feed the community; we want to grow our business. Let's work together and make Federal Way a Food Truck friendly, city! 0 I appreciate your time.... have a wonderful week! ten Gustin Owner/Operator Boss Mama's Kitchen WSFTA Board Advisor P H : 253-222-8631 Email: BossMamasKitchen (a)Comcast.net Facebook: https://www.facebook. corn/Boss-Mamas-Kitchen-235823466752422/?fref =ts Attachment 1: Public Comment #2 From: Roger Neri <rntheone@gmail.com> Sent: Tuesday, August 9, 2022 8:36 PM To: Evan Lewis; Ping Inquiry; COUNCIL; Jim Ferrell Subject: Food truck regs [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Good day, I am trying to decide to get into the food truck business. Please don't make it harder. Cities should only require that the food trucks obey the parking rules that apply to all vehicles. Duration restrictions do not address the public's health & safety. Added food truck permits, add to their costs and will not increase positive food truck activity in this city. The free market will determine if the food truck is at one location too often. Thanks February 6, 2023 Land Use and Transportation Committee Mobile Food or Retail Vendors Code Amendments Page 12 Attachment 1: Public Comment #3 From: Celia <greycoastdogs@gmail.com> Sent: Wednesday, August 10, 2022 1:16 PM To: Evan Lewis; Ping Inquiry; COUNCIL; Jim Ferrell Subject: Re: City Code Changes (EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Greetings, Myself and my husband launched our mobile food cart in January of 2021, and we have come to gain significant understanding about the ways that cities operate to keep people safe. We found, in our 6 months growing, that many obstacles are currently in place which render it very difficult to grow a small business in King County. With that said, we have seen enormous strides in our work as we have been able to commit fully to it and are very excited to continue on. It is our request that city code changes be fair and reasonable for vendors, fortifying the mutualistic relationship between residents and vendors that is based in respect and positive experiences. Food trucks, trailers, and carts send positive messaging about being active in the community and act as caretakers for public spaces. Bolstering opportunities for mobile food vendors bolsters equitable practice and pathways to equity that ensure entrepreneurs and business owners are not discriminated against nor favored across the spectrum of access to capital. Though we are Seattle -based, we have seen in our city the response to policies and changes that do not center equity, and we have concerns about the way that impacts the ability for mobile vendors to provide safe experiences for customers. It is our hope that our message be considered in your upcoming discussion regarding code changes, All my best, Celia Celia Berk Grey Coast Dogs p,reycoastdogs@p,maii.com February 6, 2023 Land Use and Transportation Committee Mobile Food or Retail Vendors Code Amendments Page 13 Attachment 1: Public Comment #4 From: Lori Johnson <lorij@wafoodtrucks.org> Sent: Friday, September 30, 2022 8:54 AM To: Evan Lewis Subject: Re: SEPA DNS for Federal Way draft mobile vendor code & other annual zoning code amendments [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Hi Evan, I have read over the proposed code and see that the City of Federal Way has designed a fair and safe code for the mobile food industry. The city also looks to have very desirable improvement plans and food trucks could help to activate new or existing space. The WSFTA runs seasonal food truck programs for other cities (Food Truck Fridays in Puyallup, Port of Everett, etc.) and thought this might be a good fit for Federal Way in 2023. If you agree and could refer us to the right planner to forward this idea, we have a page here that gives a good description of our free service: https://wafoodtrucks.ora/corporate-business-location-request There are many food truck operators that live in or near Federal Way and will be interested in serving their own community. We appreciate the time and thought you put into this code revision..... Sincerely, Lori Johnson, Executive Director Washington State Food Tntck Association, LLC (360) 223-3801 %v%%nv.%vafoodtruckc.oi'e O%vafood[ rucks i "The punishment of wise men who refuse to take part in the affairs of their government is to live under the government of unwise men." -Plato Food Truck S WOT A na lysis ALA Food Truck SWOT Analysis: Regional Economic Visioning with Industry Focus Group The food truck industry has experienced rapid and steady growth in 1' recent years, a boom that has outpaced the broader food service sector font) over the last five years. The industry continues to grow nationally, with Ill�lh an estimated annual growth of 7.5% from 2015 to 20201. According to a study conducted by IBISWorld, there are approximately 32,456 food trucks in the US, and the industry employs 38,064 people in 2022Z. Start-up costs can be as low as $50,000 with an average revenue around $290,000 yearly'. The low start-up costs compared to potentially high success has brought many chefs, restaurateurs, and small business entrepreneurs to explore this venture. Seattle's booming economy lead to the food truck scene nearly tripling between 2010 to 20171. With the wave of new business growth, came new operating standards determined by each county's health department and city ordinances. Mobile food vendors are challenged to comply with varying regulations from location to location while city staff is limited in their ability enforce code or provide comprehensive information to these small business owners. Mobile food vendors are adapting to the economic constraints that have come from the pandemic, but even as restrictions are being lifted, food trucks are tapping into new high -demand areas and are quickly following changing trends. Strengths: People & Community Location & Versatility Food trucks are becoming more versatile, expanding into new markets and creating necessary service industry employment opportunities locally in the communities they serve. The industry is composed of many owner -operators who wear many "hats" to successfully run a small, mobile business. Having experienced staff means being a skilled and qualified driver to maneuver the large vehicle from the highways to small neighborhoods and parking lots and being a flexible chef to prepare their menu in a smaller space with less equipment. Food truck operators employ or develop internal or local resources to maintain customer relations, bookkeeping, accounting, mechanical needs, and tend to the plumbing and janitorial work that comes with the operations. These skills and aptitudes to business are the behind the scenes strengths and differences of the food truck experience that directly supports the community where these trucks operate. Food trucks are emerging from existing brink -and -mortar businesses as well as growing into brick -and - mortar restaurants and shops. "Food trucks are one of the most efficient uses of public space. The same parking space that can be used by just a few people in an afternoon can be used by more than 100 people having lunch from a food truck. And by bringing food directly to the people, food trucks help reduce congestion'." When legally permitted, food trucks have the flexibility to go to their customer at private events, neighborhoods, businesses, festivals, parks, stadiums, and other event locations. The location convenience and usually fast -paced service is the "food truck experience" people are drawn to, and what makes them so popular. Weakness: Resource Limitations Competitors & Consistency Food trucks and mobile food vending in Washington State are heavily regulated and the margins are narrow with many underlying risks that can influencethe day-to-day business operation. Regulations can enhance economic development or create barriers for market entry'. A leading concern is that mobile vendors have a competitive advantage over brick -and -mortar restaurants because of their mobility, which also exempts them from various taxes. In reality, the mobility comes with several disadvantages for truck operators and arguably more regulations and frequent inspections than brick -and -mortar establishments. In Washington, mobile food vendors are required to pay taxes on their mobile truck and equipment that must be approved by the Factory Assembled Structures Department of Labor & Industry'. Then the business must be licensed by the state and each city it will be operating for tax purposes and obtain passing inspections by each county's Department of Health with two annual inspections on the vending truck and commissary kitchen it operates from. Usually, depending on the event, the truck will also require an inspection before each event and all employees must show proof of best food safety practices'. Like brick -and -mortar establishments, food trucks must also pass annual inspections by the fire marshal and carry specific fire safety equipment on board at all times. Food trucks have other added expenses of commissary agreements, storage and rental fees for parking, and gas. Washington state city governments have made strides to update and create new codes specifically for mobile food vendors, however, it is not streamlined enough between cities and the multiple departments vendors must navigate for permitting. This ongoing challenge has been a point of contention and frustration for vendors that have received miscommunication and added costs of fees and process time for permits. Significant steps need to be taken to cut the red tape and encourage the growth of mobile food vendors while ensuing the protection of neighborhood interests across the greater Puget Sound area as a whole. These arejust a few of the economic development considerations prepared by Urban Food Link "Mobile Vending in South King County:"" o Food trucks do not have a fixed location, which is a source of stability for restaurants. It is easier to build a customer base when the customer can always be sure where the business is located. o Food trucks are at the mercy of the weather. If it is raining, snowing or extremely hot, people will be far less inclined to stand in line at a food truck. o Food trucks cannot offer seating and table service for their customers. o Food trucks have extremely small kitchens... this means less dining options. o Food trucks typically have a shorter span of service hours. o If there are mechanical failures with the kitchen equipment orthe truck itself, until repairs are made, the truck cannot serve customers, employees miss out on their shifts and the food in the commissary refrigerator may spoil. These limitations can vary when vending on public versus private space and the necessary permitting for those spaces varies between city and county. Operators must be organized and proactive to understand the regulations of operating in public spaces and have appropriate permits and licensing. Even on private 2 property, licenses are still required and fees or percentages of sales must be negotiated to do business. This lack of consistency between location to location and need for organization of several permitting and licensing processes and communication at each department can be time consuming efforts, language and time barriers that some vendors do not have the resources to navigate. Opportunities: Underserved markets Emerging and continuing need for products & service Mobile vending has diversified to cater to various and niche communities and palates to prepare and serve a broad range of cuisine, drinks, and treats on city sidewalks and parking lots, in parks and at large and small events and neighborhoods. "The industry has evolved quickly since its emergence, with entrepreneurial food truck operators entering the market to cater to changing consumer preferences toward gourmet offerings and unique food concepts"Z. Not only is it adapting to the customer's needs but the economic constraints and trends of current times. Food trucks are able reach new customer bases and offer increased variety and convenience, which is becoming more popular with business owners and consumers leading increasingly on -the -go lifestyles5. Partnerships with food trucks and local bars, breweries or event spaces can attract new customers and lead to steadier service scheduling for vendors. Food trucks have succeeded working together in "pods" or "hubs" as seen in Portland, OR and Austin, TX as well as being the only vendor in a small community or neighborhoods. Due to the pandemic and gathering restrictions, expansion to mobile offerings via food trucks, delivery and pick-up options are now a staple for many who have transformed their work -life routines. There is absolutely a need and opportunity for food trucks as the power of their mobility is not just limited to breweries, festivals, sporting events and construction sites. They have proven to adapt quickly to the consumers need to be in the corporate and hospital parking lots and operate in the underserved communities. "A decade ago, [former Seattle] Mayor Michael McGinn and the city publicly recognized how food trucks aided the city's recovery after the 2008 recession by buoying economic growth and revitalizing neighborhood communities. Yet food trucks, and other small businesses, never seem to receive the level of support from the city that they give to it'." With its variety of dining options and entrepreneurial focus, the greater Federal Way region is uniquely positioned to establish this industry segment in the area. A collaborative approach to fees and permitting would support the growth of Food Trucks, creating not only employment opportunities but also an attraction for business and leisure travelers in the South Puget Sound. 3 FOOTNOTES & SOURCES 1 https://www.chefstore.com/about/blog/restaurant/trends/food-truck-industry-trends-in-2022- beyond/ 2https://www. ibisworld.com/u nited-states/market-research-reports/food-trucks-industry/ 3 https://www.bizjournals.com/seattle/news/2019/10/11/seattle-s-booming-economy-leads-to-the- food-truck.htm 4 https://wafoodtrucks.org/facts-myths 5 https://datasmart.ash.harvard.edu/news/article/case-study-food-trucks-585 e https://www.seatacwa.gov/home/showdocument?id=18739 htt PS:Hseattle.eater.com/2021/9/9/22664150/seattle-food-tru cks-pa n dem ic-struggles-policy-im pacts s https://www.bizjournals.com/seattle/news/2020/09/21/seattle-area-food-truck-owners-theft- vandalism.html https://www.multco.us/health/inspections-and-licensing/food-cart-requirements https://www.austintexas.gov/department/food-truck-permit-and-inspection Mobile Vending in South King County, '.'-,.* Choosing the Right Guidelines for your Community r' May 2014 Prepared by Kara Martin and Tammy Morales of www.urbanfoodIink.com © Urban Food Link, LLC 2014 This material cannot be copied or reproduced without permission. Mobile Vending in South King County I nt A food truck craze has swept the nation and many cities are looking at their codes to address the unique impacts and uses of the increasing number of "restaurants on wheels:' Mobile food operators need to understand the regulatory requirements of the various jurisdictions in which they operate. Meanwhile, brick and mortar restaurants are concerned about the potential competition this growing business sector may be creating. In an effort to clarify what these local mobile businesses are allowed to do and what is prohibited in each city, Urban Food Link has surveyed south King County cities to provide insight on how each city regulates mobile vendors, and what it would take for them to operate in more than one jurisdiction. In addition we have highlighted points yourjurisdiction may consider in future mobile vending code amendments. In spring 2013 there were 360 mobile vendors (this includes food carts and food trucks) in King County operating with an approved Public Health — Seattle & King County food establishment permit. This was a 25% increase from the previous year. With the increasing number of mobile vendors, cities may be finding their municipal code does not adequately address the impact and uses of mobile vending. Mobilevending regulations across south King Countyjurisdictions vary in what is permitted or prohibited. Our review of the regulatory code focused primarily on: 1) where mobile vendors are allowed or prohibited and 2) the operation standards with which they must comply (i.e. distance from schools or duration of operation in right-of-way). We completed a review of regulations through an online survey conducted in the summer of 2013, as well as a scan of each jurisdiction's code through key word searches (e.g. vending, mobile vendor, food truck, sidewalk cart, etc.) to identify relevant code. South King County cities vary on whether or not mobile vendors are allowed, the types of mobile vendors allowed (i.e. food cart vs. food truck) and whether a use permit is required. Mobile vending is typically limited to non-residential zones and many of the cities that allow mobile vending require a use permit. As seen in Table I below, cities that allow mobile vending typically allow on right-of-ways or public lands as well as on private lands. However, some cities allow mobile vending operations solely on private lands and explicitly do not allow in the right-of-way (e.g. Renton and Tukwila). Urban Food Link, LLC Page 2 of Mobile Vending in South King County Table 1: South King County Cities Mobile Vending Regulations Algona "Mobile vending" keywords not specified in code. Auburn Sidewalk vending (i.e. food carts) allowed —use permit required. "Mobile vending" keywords not specified in code. Black Diamond "Mobile vending" keywords notspecifiedin code. Burien Vendor carts allowed —use permit required Vendor carts allowed —use permit required Covington "Mobile vending' keywords not specified incode. Des Moines Enumclaw Allowed —use permit required Allowed —use permit required Allowed —use permit required Allowed —use permit required Federal Way Allowed —use permit required Allowed —use permit required Kent Sidewalk vending (i.e. food carts) allowed —use permit required. "Mobile vending" keywords not specified in code. Maple Valley "Mobile vending" keywords not specified in code. Normandy Park Not allowed Not allowed Pacific "Mobile vending" keywords not specified in code. Renton Not allowed Allowed —use permit required SeaTac Not allowed Not allowed Tukwila Unincorporated King County Not allowed Allowed —no permit required to operate Allowed Allowed —no permit required to operate Relevant code is typically found in the "right-of-way" section or in the "temporary use" permit standards section. For several cities the code is silent in regards to mobile vending (see Table 1). In other cases, the code references more traditional forms of mobile vending such as ice cream trucks and sidewalk carts. The cities of Des Moines,' Enumclaw,' and Federal Way3 have code 'See City of Des Moines' Chaorer 5.51 Mobile and Iterant Vendor Code and application packet. Urban Fdod Link, LLC Page 3 Mobile Vending in South King County sections specific to mobile vending standards. Des Moines and Enumclaw also provide mobile vending application packets with useful information. City of Des Moines has a robust mobile food vending code that was adopted in 1999. Chapter 5.57: Mobile and Itinerant Vendor Code distinguishes between "mobile" vendors (who operate in the right-of-way) and "stationary' vendors (who operate on private or publically owned land, but not the right-of-way). Each has to conform to a set of standards and must have a special use license to operate. For example, "mobile vendors" have geographic restrictions that prohibit locating within 400 feet of public or private school grounds during operation and within 300 feet from the entrance of an establishment (i.e. restaurant) offering a similar product. CO n s�mer 0n Each city must weigh the potential pros and cons of mobile vending in their community, taking into account the preferences of all stakeholders. To do this, many cities throughout the country have recently updated their mobile vending code through soliciting input from potential food vendors, restaurant owners, chambers of commerce, and residents. The National League of Cities' Food on Wheels: Mobile Vending Goes Mainstream report offers best practices and recommendations for how cities can regulate the potential impacts of food trucks while also supporting this business sector that creates opportunities for self-sufficiency and upward mobility. We reviewed this study along with other reports (see Resources section) and this report highlights the key factors a city should consider and provides case studies of what cities have done. The following section discusses the economic development, zoning and operating standards and other regulatory agencies to consider. Economic development considerations Regulations can enhance economic development or create barriers for market entry. There is some concern that mobile vendors have a competitive advantage over brick and mortar restaurants. Brick and mortar restaurant owners argue that food trucks have an unfair advantage because of their mobility. In reality, the mobility comes with several disadvantages for the truck operators: 60 Food trucks do not have a fixed location, which is a source of stability for restaurants. It is easier to build a customer base when the customer can always be sure where the business is located. Q Food trucks are completely at the mercy of the weather. If it is raining, snowing or extremely hot, people will be far less inclined to stand in line at a food truck. F<I Food trucks cannot offer seating and table service for their customers. P1 Food trucks have extremely small kitchens that are likely to hold less inventory than restaurant kitchens, this means that food trucks can sell less food and must have a smaller menu. R, Food trucks typically have a shorter span of service hours. For example, once a food truck finds a parking space, it can take 30 minutes for set-up, and a similar amount of time to clean and Z See City of Enumclaw's Chanter 5.60 Solic ors and Mobile Vendnrs and agolication packet. 3 See City of Federal Way's Chapter 19.275.070 Food truck/cans. Urban Food Link, LLC Page 4 Mobile Vending in South King County pack up after the meal service is over. 12 Food trucks, unlike restaurants, can, and often do, break down. Until repairs are made, the truck cannot serve customers, employees miss out on their shifts and the food in the commissary refrigerator may spoil. 0 A liquor license is a big moneymaker for restaurants, but food trucks are usually unable to obtain that license under local and state laws because they do not meet the requirement of having a fixed location. Food trucks do offer another dining option, but this may not warrant interference with the market. Diners who are looking for a casual, on -the -go dining experience will buy from a food truck or a fast food restaurant. Sit down restaurants offer a different kind of experience and are not a substitute. Food truck operators and food truck fans believe that brick -and -mortar business and food trucks can co -exist 4 Food trucks provide jobs and can serve as incubators for new restaurants. Several restaurants in the Seattle area got their start as food trucks. Chefs who had a great concept launched food trucks to bring their cuisine to customers. This allowed them to refine their products in the food truck business, then accumulate enough capital to launch their own restaurants. In 2007, Chef Josh Henderson started serving classic American food, but with a gourmet twist, out of an Airstream trailer called Skillet. Skillet quickly became popular, in large part because of the delicious bacon jam in its gourmet burgers. In 2011, Josh opened up the Skillet Diner in the Capitol Hill neighborhood, and his business now includes catering and selling its bacon jam through retailers all over the country. He now employs almost 700 people.-5 Food trucks can increase activity in struggling commercial areas. According to the Portland Business Journalvacancies often drop for office buildings that are near food carts in Portland. The real estate consulting firm Jones Lang LaSalle found that the vacancy rate for Class A office buildings near mobile vendors is S%. By comparison, the market average is 8.3%—a considerable difference.' Zoning and operating standards Cities will regulate mobile vending based on what best serves their community. Cities that have updated their zoning and operating standards address provisions such as: ® Location, location, location: In addition to clarifying the zones that allow mobile vending there other location considerations. Should vendors be allowed near schools and parks? Near brick and mortar restaurants? Somejurisdictions have set restrictions on the proximity food trucks can operate in relation to specific uses such as parks, schools, and brick and mortar businesses offering similar products (e.g. restaurants). Distances typically can range from 200-400 ft. h-L ngWbirdi. )/post/29334876950ffood-trucks-vs-restaurants-and-competition s ht r-jA-ocw.' nt-tc-create-more-lobs-free-the-food-teL,<, a huy liww_a _.7,7iournals,com/pordand/bl3n/real -estate -daRW2012i1 j,,',(ood-car: Urban Food Link, LLC Page 5 Mobile Vending in South King County Types of mobile vending units: Food trucks are only one type of mobile vendor. Providing definitions on the different types can help clarify where each type is allowed and with what operating standards. For example, the planning department of Fort Collins, Colorado identified six types of outdoor vendors in addition to a temporary events license (also see sidebox on page 7). They include:' • Mobile Food Truck: A motorized wheeled vehicle or towed wheeled vehicle designed and equipped to serve food. This includes food cooked and prepared for vending and commissary -prepared, ready -to -eat or packaged foods in individual servings. Only food and non-alcoholic beverages allowed. • Neighborhood Mobile Food Vendor: A mobile food truck or pushcart licensed for the sale of only commissary -prepared, ready -to -eat or packaged food in individual servings in locations on streets that are in neighborhood zone districts. Only food and non-alcoholic beverages allowed. • Outdoor Vendor of Miscellaneous Goods and Services: Offers miscellaneous goods or services to the public on private property from an outdoor location regardless of whether a fee is charged. (Christmas tree sales, pumpkin patches, windshield repair, temporary car washes, etc.) • Outdoor Vendor of Transportation Services: Valet parking services, pedal -powered vehicles, horse-drawn carriages or other means of transportation service offered for hire from an outdoor location regardless of whether a fee is charged. • Pushcart: Mobile vending cart, pushcart or trailer that is not -motorized or attached to a vehicle for towing, and that does not exceed ten feet in length, four feet in width, or eight feet in height. This includes food cooked and prepared for vending and commissary - prepared, ready to eat or packaged food in individual servings. Only food and non-alcoholic beverages allowed. • Special Vending License: Issued to a person responsible for an occasional, temporary event located solely on a single private lot when the event does not require the issuance of a special event permit. (Corporate event, anniversary celebration) Limited to four such licenses in a calendar year not to exceed three days per license. Number of units in one location: Cities vary in their approach to allowing multiple units to locate next to each other. Examples include: limits on the number of trucks allowed to co -locate on an on -going basis, restrictions on where co -location is allowed (i.e. private property vs. right- of-way), limited permitted days per year for special events such as "Food Truck Rodeos.' a Duration and hours of operation: Some cities have set a maximum amount of time (e.g. 4 hours) a mobile vendor can operate from a single location in the right-of-way. It's important to consider the time mobile vendors need for set-up and clean-up. If the time is too restrictive, it may not be worth the vendor's time (and money). In addition, some cities have set restrictions on times a vendor can operate (e.g. not allowed to operate from 3 a.m. to 7 a.m.). Jar, ' h wy�_ �1ov-�m/salesta�;outclonrvendors.ph� Urban Food Link, LLC Page 6 Mobile Vending in South King County 93 Public safety standards: Safety standards include preventing obstructed passageways and serving customers from street side of the unit. Ir% Signage: Food truck operators often use the unit itself to function as one big sign with colorful graphics. Social media (e.g. Twitter) is also used to draw a customer base. Additional amenities: Standards may also specify a garbage receptacle is required and restrict or allow chairs and tables for customers. Other Regulatory Agencies Similar to other food businesses, food trucks must comply with other regulatory agencies. A basic understanding of these regulations can provide guidance at the municipal level and, potentially, improve the vendor's ability to comply with all regulatory agencies, including: W Public Health — Seattle & King County regulations pertain to food safety standards. Mobile vendors fall into two classifications, each having their set of requirements that must be met. They are: • Occupied mobile food unit —"unit where the workers will be inside of the unit, such as an enclosed truck or trailer." Unoccupied mobile food unit —"unit where the workers will be outside of the unit, such as a push cart of trailer."8 Fort Collins, CO (population 748,672) In 2012 the City of Fort Collins had food truck entrepreneurs calling their permit counter to get licensed to operate. However, like many other cities across the country, the code was out-of-date and had significant restrictions for operating a food trucks. The planning department began extensive community engagement with the many stakeholders (e.g. food truck vendors, brick -and - mortar restaurants and the general public) that ultimately guided the adoption of a new ordinance adopted a year later (originally the department anticipated the revision would take three months). Key components to Fort Collin's outdoor vendor ordinance include providing clear definitions for the different types of mobile vendors (see page 6), and standards on where and what is allowed in the right-of-way as well as public property. The City is in the process of revising the code to address how many and how often food trucks can operate in one location. Currently, the City allows four vendors to locate next to one another and up to eight vendors for events, which are allowed four times a year. The City is considering increasing the number of food trucks that can co -locate and the necessary standards to mitigate impacts. While the planning staff initially recommended a minimum distance be set from how close a food truck can locate near a brick -and -mortar restaurant, the City Council determined that protecting select businesses from competition is not a proper role of government. The city planner interviewed for this report shared there has been very minimal complaints from the restaurant community since the ordinance was adopted. Several of their requirements intersect with land use regulations. The health department requires mobile vendors to: �r - : { 8 Public Health —Seattle & King County 2014 Mobile Food Unit Plan Review and Permitting Guide. Available at -.T � htioy/tivwN';irr{:�ountY.aov/hezithservices/healthlehs-�foo�saF�ty!F�dSs�siness/mpbile�sax. I. ,l i Urban Food Link, LLC Page 7 r. Mobile Vending in South King County • use a Public Health approved commissary kitchen to prep and store food, and clean equipment. These permanent facilities are used for handling waste, both solid and water. A mobile vendor must use a commissary kitchen located in King County. • provide a "Use of Restroom Agreement" verifying they have access to a restroom for employees that is located within 200 feet of the unit's operation. • provide the unit's route(s) and/or site(s). Washington State Labor & Industries govern the safety of mobile unit's body and frame along with the installation of plumbing, electric and heating equipment. Food trucks must have the L & I inspection and approval prior to submitting for a public health plan review.9 Summary This report highlights some of the key components for developing a mobile vending ordinance that meets the needs and interests of your community. Without clear zoning and operating standards, businesses are challenged to comply with the regulations and city staff are unable to sufficiently inform the public and enforce code. Rather than highlight "model" ordinances, this report provides the economic development arguments for supporting food trucks, and shares regulatory provisions needed to better equip a city in determining their next steps in adopting mobile vendor guidelines. Resources: Arroyo, Rodney and Bahm, Jill. Food Truck Feeding Frenzy: Making Sense of Mobile Food Vending. American Planning Association Zoning Practice, September 2073. City of Fort Collins (CO). Outdoor Vendors Handbook and Ordinance 58. Available at ,http:/Iwww.fcgov.com/salestax/outdoorvendoi-s.r)hn. Frommer, Robert, and Gall, Bert. Food -Truck Freedom: How to Build Better Food -Truck Laws in Your City. Institute forJustice, November 2011. Available at http://www.ii.orQ/food-truck-freedom. National League of Cities. FOOD ON WHEELS: Mobile Vending Goes Mainstream. 2013. Available at hitp:/lwww.nlc.orn/DDoctlmerlts/Find%20City%20Solutions/Research%201rinovation/Economicly20 Development/FoodTruckReport2013 Final 9-26.odf. www.urbanfoodIink.coln 9 See Washington State Labor & Industries info on conversion of mobile unit and the application materials at http://w%vw.ln,.wa.gov/TradesLicensing'FAS/TYoesA/endt led/default.aso. `fit 1'y. Urban Food Link, LLC Page 8 WHEREAS, State agencies received a 60-day notice of the proposed amendments on September 27, 2022; and WHEREAS, this ordinance, containing amendments to development regulations within FWRC Title 19, 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 proposed various code amendments on September 16, 2022. Three public comments were received prior to the start of the DNS comment period, and one public comment letter was received during the DNS comment period; and WHEREAS, the DNS was finalized on September 30, 2022; no appeals were filed and the appeal period expired on October 21, 2022; and 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 City Council of the City of Federal Way considered these code amendments on January 9, 2022, and recommended adoption of the proposed food truck and mobile vendor code 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. Ordinance No. 23- Page 2 of 22 Rev 4/22 LU (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. FWRC. (f) These code amendments have followed the proper procedure required under the 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 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: LUP3: Use design guidelines and performance standards to create attractive and desirable commercial, office and commercial/residential mixed -use developments. LUN: Maximize efficiency of the development review process. Ordinance No. 23- Page 3 of 22 Rev 4/22 LU LUP6: Conduct regular reviews of development regulations to determine how to improve upon the permit review process. LUG3: Preserve and protect Federal Way's single-family neighborhoods. EDG1: Promote and create a sustainable, diversified and globally focused economy. EDP2: Periodically monitor local and regional trends to be able to adjust plans, policies, and programs. EDP10: Continue to implement a streamlined permitting process consistent with state and federal regulations to reduce the upfront costs of locating businesses or redeveloping businesses in the City. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they clarify and properly scale and calibrate permitting processes for mobile vendors and ensure that all mobile vendors are subject to and reviewed for the same minimum code requirements. They also establish performance standards that are specific to the unique operations of mobile vending rather than relying on performance standards generally applicable to all temporary uses. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they will increase the consistency with which mobile vendors are permitted; reduce the likelihood that mobile vendors will operate in Federal Way without knowing or being subject to minimum standards that protect public health, safety, welfare and quality of life; and ensure that mobile vendors that, operate temporarily in Federal Way are subject to a review process properly scaled to the potential impact the mobile vendor will have at any given location. Ordinance No. 23- Page 4 of 22 Rev 4/22 LU Section 3. FWRC 19.05.130 is hereby amended as follows: 19.05.130 M definitions. "Maintenance, " for signs, means the cleaning, painting, and minor repair of a sign in a manner that does not alter the basic design, size, height, or structure of the sign. "Major transit stop " means a stop on a high capacity transportation system; commuter rail stops; stops on rail or fixed guideway systems, including transitways; stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or stops for a bus or other transit mode providing actual fixed route service 'at intervals of at least 15 minutes for at least five hours during the peak hours of operation on weekdays. "Manufactured home " means a factory -built structure transportable in one or more sections which is built on a permanent chassis and designed to be a dwelling with or without a permanent foundation when connected to required utilities. A manufactured home shall be built to comply with the National Manufactured Home Construction and Safety Standards Act of 1974 (regulations effective June 15, 1976). "Manufacturing and production" means the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors. Manufacturing and production is divided into the following categories: (1) "Manufacturing and production, general, " means establishments typically manufacturing and producing for the wholesale market. Ordinance No. 23-Page S of 22 Rev 4/22 LU (2) "Manufacturing and production, limited, " means retail establishments engaged in the small- scale manufacture, production, and on -site sales of custom goods and products. These uses are distinguished from "manufacturing and production, general," by a predominant use of hand tools or domestic mechanical equipment, limited number of employees, limited sales volume, limited truck deliveries, little or no outdoor storage, typical retail hours of operation, and an obvious retail storefront with a public entrance that is in scale with the overall building and oriented to the right-of-way. This category includes uses such as ceramic studios; candle -making shops; custom jewelry manufacturing; woodworking and cabinet making; manufacturing of specialized orthopedic appliances such as artificial limbs or braces; manufacturing of dental appliances such as bridges, dentures, and crowns; production of goods from finished materials such as wood, metal, paper, glass, leather, and textiles; and production of specialized food products such as caterers, bakeries, candy stores, micro -breweries, and beverage bottlers. "Maximum lot coverage " means the maximum percentage of the surface of the subject property that may be covered with materials which will not allow for the percolation of water into the underlying soils. See FWRC 19.110.020 et seq. for further details. "Mean sea level" means the level of Puget Sound at zero tide as established by the U.S. Army Corps of Engineers. "Medium density zones" mean the following zones: RS 15.0, RS 35.0 and comparable zones in other jurisdictions. "Micro -brewery, " "micro -distillery, " or "micro -winery" means a small-scale "brewery" limited to production of less than 3,750 beer barrels per year (115,000 gallons), small-scale "distillery" Ordinance No. 23- Page 6 of 22 Rev 4/22 LU limited to production of less than 7,600 nine -liter cases per year (65,000 liters), or small-scale "winery" limited to production of less than 3,000 cases per year (495 gallons), respectively. "Minor facility" means a wireless communication facility consisting of up to three antennas, each of which is either: (1) Four feet in height and with an area of not more than 580 inches; or (2) If a tubular antenna, no more than four inches in diameter and no more than six feet in length. A minor facility includes any associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area. "Mixed -use building" means a building containing two or more different principal permitted uses, as determined by the director, and which occupy separate tenant spaces. "Mobile food or retail vendor" means an unaffixed food or retail establishment on wheels. primarily selling goods, food or beverages, which is readilv moveable either through self - propulsion or via towing by vehicle, and operates on a previously existing improved property. Mobile food or retail vendors do not include mobile or temporary health services. There are the following three types of mobile food or retail vendors: (1) "Mobile food or retail vendor. "Class P means a mobile food or retail vendor that operates on a particular improved property for no more than a single day each calendar month, and no more than 15 hours during that day. (2) "Mobile food or retail vendor, "Class II " means a mobile food or retail vendor that does not Qualifv as a Class I mobile food or retail vendor and operates on a particular improved property for no more than 180 days in a calendar_ year. Ordinance No. 23- Page 7 of 22 Rev 4/22 LU (3) "Mobile food or retail vendor, "Class III" means a mobile food or retail vendor that operates on a particular improved property but does not otherwise qualify as either a Class I or Il mobile food or retail vendor. "Mobile or temporary health services" means anv motor vehicle or non -permanent structure used to provide health care services. "Moorage facility" means a pier, dock, buoy or other structure providing docking or moorage space for waterborne pleasure craft. "Multiple -story building" means a building containing two or more floors of active permitted use(s), and each upper floor area, excluding any storage, mechanical, and other similar accessory, nonactive areas, contains at least 33 percent of the ground floor area. "Multi -tenant complex" means a complex containing two or more uses or businesses. "Multi -use complex" means all of the following: a group of separate buildings operating under a common name or management; or a single building containing multiple uses where there are specific exterior entranceways for individual uses; or a group of uses on separate but adjoining properties that request treatment as a multi -use complex. "Mural" means a design or representation that is painted or drawn on the exterior surface of a structure and that does not advertise a business, product, service, or activity. Section 4. FWRC 19.275.020 is hereby amended to read as follows: "Temporary uses" means all uses of a short-term nature or fixed duration, which do not require permanent construction and which are approved with a specific time limit. The following categories of temporary uses are established: Ordinance No. 23-Purge 8 of 22 Rev 4/22 LU (1) Class I temporary uses are temporary uses, such as seasonal retail sales of agricultural or horticultural products such as vegetable, fruit or flower stands; farmers' markets; community festivals, circuses, carnivals, fairs, concerts or similar transient amusement, cultural, or recreational activities; fundraising events; outdoor sales, swap meets; temporary stands for the sale of items such as food, toys, jewelry, goods, art and crafts, and firewood; feed-"ekskarts; and similar uses of a temporary or transitory nature or fixed duration as determined by the director. (2) Class II temporary uses are temporary uses that involve critical and essential human services of a nonprofit social services nature, including food banks and/or clothing banks, but not including homeless shelters, when the director determines that the conditions prompting such proposal are of a critical and temporary nature. Section 5. FWRC 19.275.070 is hereby repealed in its entirety. Section 6. A new section FWRC 19.210.080 is hereby added to Chapter 19.210 of the Federal Way Revised Code to read as follows: 19.210.080 Mobile food or retail vendors. The following uses shall be permitted in the professional office (PO) zone subject to the regulations and notes set forth in this section: DIRE-010NS; FIRST read down to Nid use.-y'fH1:N. gacross 1•or REGULATIONS Zt7N � Rc uired JZ quircd Yards RecitairedPl� USE REGULATIONS Review Parkins Lot I Icisht of Process Size rrnnf ide Structure S cs AND NOTES Ordinance No. 23 Page 9 of 22 Rev 4/22 LU Mobile Food or Retail Use Process I None 5 ft 5 ft 5 ft 15 ft 2 1. Class III mobile food or retail Vcndor. Class III vendors that arc the principal use or with on a property are subjcet to LSee note l SEPA rcguircmcnts of this use table in addition to Char)ter 19.290 Use Process FWRC, Class III mobile food or retail vendors that are not the II] principal use on a property arc not SjibjcLto In the rcguireLtents of this use table, but are subiect to the requirements of Chapter 19,290 FWRC, Process 111. III and IV are dc2cribcd in )Chapter 19.55 FWRC. For other information about parkin and a�gareassec aptcr 19,130 FWRC. Chapter 19.60 FWRC banter 19.65 FWRC_ Chapter 19.70 FWRC r s cctiv lv. For details of myhat may exceed this height limit. sec FWRC 19,1 10,050 et sea. For details, regarding rc sir yards. sec FWRC 19_125.160 ct seq. Section 7. A new section 19.215.060 is hereby added to Chapter 19.215 of the Federal Way Revised Code to read as follows: 19.215.160 Mobile food or retail vendors. The following uses shall be permitted in the neighborhood business (BN) zone subiect to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down -to find usp . TI IEN. across for REGUI_ATMNS Required Minimums Rc ug ircd ZONE B]1( RSauircd Yards Review Process Front Side each Rear USE REGULATIONS Lot Size I-Ici Itt of ,tructure Parkin aces SPECIAL REGULATIONS AND NOTES Mobile Food or Retail Use None 5 ft 5 ft 5 ft I ft 1. Class III mobile food or retail vendors that are the principal use on a property Vcndor, lass III Process I or with arc subiect to rcguircmcnts ol'this use table in addition to Chapter 19.290 See note 1 SEPA FWRC. Class III mobile food or retail Use vendors that arc not the principal use on Process III a�roncrty arc not sublcct to the rcguircmcnts of this use table. but arc Ordinance No. 23 Page 10 of 22 Rev 4/22 LU subiccl to the reouircments of Chanter 19.290 FWRC. For other information abort narking and narking areas, scc Cluimcr 19,130 FWRC. For details of what may exceed this height limit. sec FWRC 19.110.050 ct sec .. For details regarding required vards. sec FWRC 19 125.160 et seq. Section 8. A new section 19.220.150 is hereby added to Chapter 19.220 of the Federal Way Revised Code to read as follows: 19.220.150 Mobile food or retail vendors The following uses shall be permitted in the community business (13C) zone subject to the regulations and notes set forth in this section: Minimums ZO��I E Required Required Yards Rc wired B Review Parkine USF, REGULATIONS Lot I162111 of Process Size rnnt Side upa Structure Spaces r. 1 SPECIAL REGULATIONS AND NOTES Mobile Food or Retail Use Process I None 5 ft 5 ft 5 ft 15 ft 2 1. Class III mobile food or retail vendors ardor. Class III ee note 1 that are the principal use on a propertY or with SEPA Use Process III arc subiccl to requirements of this use table in addition to Chanter 19.290 FWRC. Class I I I mobile food or retail vendors that arc not the pri incipal use on a property arc not subieet to the requirements of this use table, but are 5ubicct to the requirements of Oulntcr 19.290 FWRC. L I For other information about narking and n narkine areas. sec Chanter 19,130 Ordinance No. 23- Page 11 of 22 Rev 4/22 LU For dclails of what may exceed this hcie.ht limit. scc FWRC 19.1 10.050 ct SCCII For dclails rceardin! rcouircd vards. scc FWRC 19.125,160 cl so. Section 9. A new section 19.225.150 is hereby added to Chapter 19.225 of the Federal Way Revised Code to read as follows: 19.225.150 Mobile food or retail vendors. The following uses shall be permitted in the city center core (CC-C) zone subiect to the regulations and notes set forth in this section: USE ZONE CHART DIRE,CTIONS: FIRST, r ad down to find use ... THEN. across for REGULATIONS Minimums ZONE Rcauircd Itcctuired Yards Rc uired CC,_C Review Process Front �dc each Rear — USE REGULATIONS Lot Size llcigN lrucntre Parkin- aces SPECIAL REGULATIONS AND NOTES Mobile Food or Retail Use Process 1 None 5 ft 5 ft 5 ft 15 ft 2 1. Class III mobile food or retail vendors Vcndor. Class II I thnt are the oriucinal use on a nroncriv or with are subject to rcauircnunts of this use table in addition to Chaotcr 19,290 See note 1 SEPA FWRC. Class III mobile food or retail Use midors that arc nollhc miiicipal use oti Process a nrooerty are not subject to the III rcauircimms of this use table, but arc subIcct to the rc uircmcnts 1'0ha ter 19.290 FWRC, For other information about rmrkine and Process I 11. 111 and IV are described in Larking areas scc Chamer 19,13 0 Oiaolcr 19.55I-WRC. FWRC, ha ncr 19.60 FWR hanter 19.65 FWRC, Chanter 19.70 IrW RC resncctivcly Details of what may exceed this hci.-M limit, sce FWRC 19.1 10.050 et sec I -or details regarding renuired vards. scc FWRC 19125.160etscd. Ordinance No. 23- Page 12 of 22 Rev 4/22 LU Section 10. A new section 19.230.170 is hereby added to Chapter 19.230 of the Federal Way Revised Code to read as follows: 19.230.170 Mobile food or retail vendors. The following uses shall be permitted in the city center frame (CC-F) zone subiect to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: i-,ms,r, read down to find use... "I'IIEN,acros. for REGULATKONS Minimums ZONE Required Regpired Yards Require CC- Review Process Front — ide each Rear USE REGUL,10\S Lot Size 11 .ohOf tr,i t Parkin Spaces SPECIAL REGULATIONS AND NOTES Mobile Food or Retail Use None 5 ft 5 ft 5 ft 15 ft 2 1" Class III mobile food or retail vendors that arc lhcprincipal use on aproperty Vendor, Class I Il Process I or with are sub co toreuirements of this use table in additi n tChapter I9,290 See note 1 SEPA Use FWRC. Class III mobile food or retail vendors that are not the principal use on Process a proricrty arc not subject to the III requirements of this use table. but are subiect to the rcguircmcnts of aptcr 19.290 FWRC. I For other information about narkinm and - ro7.si,111 and IV are described in par mg areas. sec Chapter 19.130 rhapter 19.55 FWRC. FWRC. Oiaptcr 19.60 FWRC. KChantcr 19.65 FWRC, Chapter 19 '101- WRC res rectivcly. For details of what may exceed this Nigh limit,scc FWRC 19.110,050 of sec . for details retardingigguired yards, sec :WRC 19.125.160 et scg_ Section 11. A new section 19.235.130 is hereby added to Chapter 19.235 of the Federal Way Revised Code to read as follows: Ordinance No. 23- Page 13 of 22 Rev 4/22 LU 19.235.130 Mobile food or retail vendors. The following uses shall be permitted in the office park (OP) zone subject to the rePLIlations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use. _ . TI IEN. across for REGULATIONS Rc uired Required Yards USE REGULATIONS ReviewLot Process Size ide — Frnnt Use Process] or with SEPA Use Process III 5ft 15ft ZONE OP SPECIAL REGULATIONS AND NOTES 5 fft 15 ft 1. Class III mobile food or retail vendors that arc the xL inciPal use on a Property_ arc sub'ccl t to rcguircments of this use table in addition to Chanter 19,290 FWRC— Class III mobile food or retail vejt&rs_that arc not. the principal use on a property arc not subicct to the Lcauircmcnts f this use table but are For other int'onnation about parkin_ and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height Iimit,,scc FWRC 19 11005O.C. seg. IstLdetails regarding required yards, see FWRC 19.J 25.160 et seq.. Section 12. A new section 19.240.190 is hereby added to Chapter 19.240 of the Federal Way Revised Code to read as follows: Ordinance No. 23-Page 14 of 22 Rev 4/22 LU 19.240.190 Mobile food or retail vendors. The following uses shall be permitted in the commercial enterprise (CE) zone subiect to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIR T read down to find use . 1II:N,across for REGULATIONS Minimums Rc uircd Reaired Yar& Review Process From Side each Real USE REGULATIONS — Lot Size Mobile Food or Retail Use None 5 ft 5 ft 5 ft Class III Process I or with See note I SEPA) Use Process III SPECIAL REGULATIONS AND NOTES 1 lass III mobile food or retail vendors that arc the L>rmcipal use on a L'4L>Lrty arc subiect to rcouircments of this use FWRC. Class III mobile food or retail ysttdors that arc not the principal use on a moncrty are not subiect to the requirements of this use table. but arc gLbNSLW the reguircm nts of ChaLterr 19.290 FWRC. For other information about parkin! and Rarhing areas cc -CUP, r 19.130 — FWRC. For details of what may exceed this Jjig mit_ scc FWRC 19LL 0,050 ct sec . E Ldcsails regarding ic uircd yards�cc FWRQ 19,1251GQctseg, Section 13. A new Chapter 19.290, "Mobile Food and Retail Vendors," and sections 19.290.010, 19.290.020, 19.290.030, 19.290.040, 19.290.050, 19.290.060, 19.290.070, and 19.190.080, are hereby added to Title 19 of the Federal Way Revised Code, as follows: 19.290.010 Purpose. Ordinance No. 23- Page 15 of 22 Rev 4/22 LU The purpose of this chapter is to allow the sale of goods, food, and/or beverages from mobile food or retail vendors in a manner that is safe and compatible with surrounding uses, consistent with all relevant city codes and policies, maintains or enhances the pedestrian experience, and provides consistency. predictability. and site -flexibility for mobile food or retail vendors. 19.290.020 Applicability — relationship with other chapters. (1) This chapter establishes regulations that govern mobile vending in the city including_ the sale of goods, products, food, and/or beverages from mobile food or retail vendors on public or private properties. Unless exempt under FWRC 19.290.030, this chapter is applicable to all mobile food or retail vendors in the city. (2)._Mobile food or retail vendors re._eidated under this chapter shall not be subiect to regulation under Chapter 19.275 FWRC. Temporary Uses. Any activities exempt from regulation under FWRC 19.290.030 may be subiect to regulation under Chapter 19.275 FWRC, Temporary Uses. (3) Additional regulations may apply to mobile food or retail vendors operating on public property through a special event (Chapter 4.05 FWRC and Chapter 5.40 FWRC) and/or right of way use or activity permit (Chapter 4.25 FWRC and Chapter 4.30 FWRC). 19.290.030 Specific activities exempt from regulation. The following activities, while potentially constituting mobile food or retail vendors. are exempt from regulation under this chapter. Such activities may be subject to regulations found elsewhere in code, such as Chapter 19.275 FWRC. Temporary Uses. (1) Ice cream vendors that primarily stay mobile within public rights -of -way. (2) Mobile newspaper couriers. ( ) Mobile lemonade stands. Ordinance No. 23- Page 16 of 22 Rev 4/22 LU (4) Mobile stands used to sell or distribute flowers. fruit. vegetables, produce or plants drown on the property where the mobile stand is located. (5) Delivery services where the foods, goods, or products are delivered via mobile vehicle to the customer's location: including, but not limited to. application -based online and on -demand food delivery services. (6) Similar uses_ to mobile food or retail vendors that seek to operate on unimproved property. (7) Similar uses to mobile food or retail vendors that seek to improve or develop unimproved property as part of the siting of that use. 19.290.040 Variance from mobile food or retail vendor code. The director shall have the authoritv to administratively allow for departures from the numeric Provisions contained in these regulations, provided that: (1) The variance request meets all criteria in FWRC 19.45.030: (2) Anv variation is no more than 25 percent: and (3) The end result is consistent with the purpose of this chapter. 19.290.050 Permitted locations. (1) Class I mobile food or retail vendors are allowed to operate in anv zone. (2) Class II mobile food or retail vendors are allowed in all zones in the city except for properties in single-family zones with a current principal use of single-family. (3) Class III mobile food or retail vendors which are accessory to an established use on the property are allowed in all zones in the city except for properties in single-family zones with a current principal use of single-family. Ordinance No. 23- Page 17 of 22 Rev 4/22 LU (4) Class III mobile food or retail vendors which are the principal use on the properly are allowed in all noruesidential zones in the city. f5) Mobile food or retail vendors are allowed to operate on any public right of ways in the city or city -owned property so long as the mobile food or retail vendor obtains any applicable permit required by the Public Works and/or Police Department. Additional limitations or allowances may be included as part of such permit. 19.290.060 Review classifications and processes. (1) Business registration required. All mobile food or retail vendors regulated under this chapter shall obtain a business registration with the city and complete a supplemental checklist at the time of registration attesting to understanding of. and future compliance with. the mobile food or retail vending regulations in FWRC 19.290.070 prior to being issued a city business license endorsement. (2) Additional review and permitting requirements applicable to class III mobile food or retail vendors. In addition to the business registration requirement under FWRC 19.290.060. class III mobile food or retail vendors which are accessory to an established use on the property shall obtain a mobile food or retail vendor permit. pursuant to FWRC 19.290.080. In addition to the business registration requirement under FWRC 19.290.060, class III mobile food or retail vendors which are the principal use on the property shall obtain approval under the use process indicated in the use chart for the applicable zone. 19.290.070 Regulations applicable to mobile food or retail vendors. Mobile food or retail vendors must operate in accordance with the following:. (1) Comply with all provisions of the supplemental checklist. Ordinance No. 23-Page 18 of 22 Rev 4/22 LU (2) Comply with the provisions of FWRC 19.290.050. (3) Operate only between the hours of 7:00 am and 10:00 pm, Monday thru Sundav: exceptions may be eranted under special event permits or right-of-way use permits. (4) Restore the site area occupied by the mobile food or retail vendor to the original or better condition upon removal of the vending unit. (5) Provide at least one garbage and recycling container for customers, (6) Operate only on an asphalt or paved surface: unless otherwise approved through a special event permit. (7) For mobile food or retail vendors that sell food, obtain approval from South Kina Fire and Rescue: this approval may include but not limited to completing an inspection and certification process. Ensure sufficient aueuins) distance for customer vehicles (9) The mobile food or retail vendor shall not: (a) Operate on an unimproved property. (b) Operate within 5ft from any property line, unless located on a public right-of-way; (c) Obstruct any drive aisles or ingress/egress within the site: (d) Obstruct a sidewalk, bicycle lane. or other pedestrian way: (e) Obstruct the sight distance triangles for vehicles turning in and out of a site; (f) Impede ADA access: (g) Impede fire hydrant or fire lane access: (h) Operate on any private or public property without permission of the property owner(s): (i) Serve as a drive -through facility f'or vehicles: Ordinance No. 23- Page 19 of 22 Rev 4/22 LU (i) Operate in a designated loading zone; Remove the mobile food or retail vending unit from its wheels. (1) Use or remove code -required parking spaces for principal site uses.. 19.290.080 Mobile food or retail vendor nerm Class III mobile food or retail vendors accessory to an established use on the property must obtain a hermit in accordance with this section. (1) Decisionnnaker. The director shall be the decisionmaker for mobile food or retail vendor permits. The director has the authority to add conditions to any permit approval. (2) Decision criteria. The director may approve the mobile food or retail vendor permit only if all the fol lowine are met: (a) The mobile vending activity shall not be detrimental to the public health. safety. and general welfare. (b) "fhe mobile vendor shall not adversely affect adiacent properties: (c) The mobile vendor can be adequately served by public facilities and street capacities without nlacine an undue burden on such facilities and streets: (d) The application is compliant with all relevant city codes and policies and the supplemental checklist: and (e) The proposed property(s) or site(s) for the mobile food or retail vendor's operations are of sufficient size to accommodate the mobile vendor (3) Application. Mobile food or retail vendor permit applications shall be completed on a form provided by the Community Development Department. Application material shall include, at a minimum, the following: Ordinance No. 23- Page 20 of 22 Rev 4/22 LU (a) Contact information for the mobile food or retail vendor: (b) A description of the nature and type of goods to be sold: (c) Proof of the mobile food or retail vending vehicle's registration with the State of Washington, if applicable: (d) Specifications of the mobile food or retail vending unit including, at a minimum, the unit's dimensions, height and weight; (e) Site plan showing the proposed location of the mobile food or retail vendor's operations on a site; and (f) For mobile food or retail vendors that sell food or beverages, commonly called "food trucks," proof of King County Department of Public Health approval. (4) Pern it review process. Upon receipt of a complete mobile food or retail vendor application. the application will be routed to any applicable departments and agencies for review. (5) Permit duration. Permit approvals are permanent until and unless the city receives notification that there has been a renewal or change requested to the vendor's business registration and city endorsement. Section 14. 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 15. 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 Ordinance No. 23- Page 21 of 22 Rev 4/22 LU scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. ScoLon_ 16. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 17. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this 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. 23- Page 22 of 22 Rev 4/22 LU COUNCIL MEETING DATE: ITEM #: I CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2022 COMPREHENSIVE PLAN AMENDMENTS—RIVERA PROPERTY SITE SPECIFIC REQUEST AND PUBLIC WORKS TEXT AMENDMENTS NON -MOTORIZED TRANSPORTATION POLICY QUESTION: Should the city council approve a comprehensive plan amendment and rezone for property located at 1600 S 304' ST, parcel number 052104-9204, known as the Rivera site, from Professional Office (PO) to Community Business (BC) and; should the city council approve Public Works proposed text amendments for various citywide non -motorized transportation improvements. COMMITTEE: LUTC MEETING DATE: February 6, 2022 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Natalie Kamieniecki, Associate Planner DEPT: Community Development Attachments: 1. Staff Report and Exhibits to Staff Report "A"-"W" 2. Draft Ordinance, Exhibits to Ordinance "A" & `B" Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROV. DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on February 21, 2023. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (FEBRUARY 21, 2023): "I move to forward the proposed ordinance to the March 7, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (MARCH 7, 2023): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)73 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 OFF Federal Way STAFF REPORT TO THE FEDERAL WAY LAND USE AND TRANSPORTATION COMMITTEE January 30, 2023 TO: Federal Way Planning Commission FROM: Keith Niven, AICP, CEcD, Community Development Director Natalie Kamieniecki, Associate Planner 1 SUBJECT: 2022 Comprehensive Plan Amendments Rivera Property Site Specific Request Public Works Text Amendments Non Motorized Transportation MEETING DATE: February 6, 2023 I. BACKGROUND Pursuant to RCW 36.70A.130 (5)(a), the City of Federal Way must update its comprehensive plan every ten years. The deadline for the next major update is December 31, 2024. However, per Federal Way Revised Code (FWRC) 19.80.050, the city has elected to review citizen -initiated requests on an annual basis. As part of the annual review, the city may also make changes to chapters and maps of the comprehensive plan. Federal Way adopted its comprehensive plan in 1995 and updated it in December 1998, December 2000, November 2001, March 2003, July 2004, June 2005, July 2007, June 2009, October 2010, January 2011, January 2013, June 2015, January 2018, April 2019 and January 2021. The Growth Management Act (GMA, RCW 36.70A.130 [2] [a]) limits plan updates to no more than once per year, except under the following circumstances: 1. The initial adoption of a subarea plan that clarifies, supplements, or implements jurisdiction -wide comprehensive plan policies; 2. The development of an initial subarea plan for economic development located outside of the one hundred year floodplain in a county that has completed a state - funded pilot project that is based on watershed characterization and local habitat assessment; 3. The adoption or amendment of a shoreline master program; 4. The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget; or 5. The adoption of comprehensive plan amendments necessary to enact a planned action. Except as otherwise provided above, the governing body shall consider all proposals concurrently, so the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation, a county or city may adopt amendments or revisions to its comprehensive plan that conform to this chapter whenever an emergency exists, or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court. II. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, "Council Rezones," establishes a process and criteria for comprehensive plan amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the requests for comprehensive plan amendments; 2. To determine whether the proposed comprehensive plan amendments meet the criteria provided by FWRC.80.140, 19.80.150, and 19.75.130(3); and 3. To forward a recommendation to the City Council regarding adoption of the proposed comprehensive plan amendments. Planning Commission Meeting Summary The Planning Commission conducted s Public Hearing on September 15, 2021. the Planning Commission received a staff presentation from the Community Development staff and subsequent public comments regarding the proposal. Following public input and Commission discussion and deliberations, the Planning Commission recommended to approve the Rivera Comprehensive Plan amendment and rezone and the Public Works Text Amendments for Non - Motorized transportation. The vote was unanimous. III. PROCEDURAL SUMMARY Selection Process (Prioritizing Docketed Proposals) February 7, 2022 Land Use Transportation Committee (LUTC) Meeting February 15, 2022 City Council Public Meeting Comprehensive Plan Amendment Process April 15, 2022 Issuance of Determination of Nonsignificance pursuant to the State Environmental Policy Act (SEPA) April 29, 2022 End of SEPA Comment Period May 20, 2022 End of SEPA Appeal Period Staff Report to Land Use Transportation Committee Page 2 Public Meeting October 3, 2022 May 27, 2022 Notice of Planning Commission Public Hearing (exhibit YTS June 15, 2022 Public Hearing before the Planning Commission February 6, 2023 LUTC Meeting February 21, 2023 City Council First Reading March 7, 2023 City Council Second Reading IV. 2022 COMPREFIENSIVE PLAN AMENDMENTS This annual update includes one citizen -initiated request for amendments to comprehensive plan designations and zoning; and, Public Works Text Amendments for Non -motorized transportation improvements throughout the city and around the transit center. The Rivera site -specific request is described in Section V of this staff report, the Public Works Text Amendments are described in Section VI. V. CITIZEN -INITIATED SITE -SPECIFIC REQUEST 1. Site -Specific Request — Richard Rivera Property Request for a comprehensive plan amendment and rezone of parcel no. 052104-9204, 1.26- acre site, located at 1600 South 3041 Street, from Professional Office (PO) to Community Business (BC) (exhibits I and .I). Reason for the Request The applicant previously obtained project approval for an office building under permit #07- 105965-UP (expired, July 18, 2016). The applicant asserts that current and past high vacancy rates for office buildings in the city has inhibited financial institutions from approving construction loans for new professional office buildings in Federal Way. The Community Business (BC) zone affords flexibility in retail, office and residential uses. The immediate area is developed with a variety of land uses including Federal Way High School, mixed retail uses, religious assembly, vehicles service station and residential units including attached dwelling units and single-family dwelling units. In addition, there are other BC -zoned properties adjacent and in the nearby area including to the south, east and southeast of the subject property. Summary Parcel No. Address Size in Existing Land Acres Use 052104-9204 1600 S 1.26 acres Vacant property 304" St Staff Report to Land Use Transportation Committee Page 3 Public Meeting October 3, 2022 Applicant: Richard Rivera Property Owner: Richard Rivera Existing Comprehensive Plan Designation: Professional Office (PO) Existing Zoning Designation: Professional Office (PO) Requested Comprehensive Plan Designation: Community Business (BC) Requested Zoning Designation: Community Business (BC) Surrounding Zoning & Land Use Zoning Land Use North Single -Family (RS9.6, minimum lot size 9,600 Single Family Residence square feet) Federal Way High School, Union 76 South Community Business (BC) Car wash station East Multi -Family (RM 2400) Attached dwelling units West Professional Office (PO), Community Office use Business (BC) Availability of Utilities Sanitary Lakehaven Water and Sewer provides sewer service in this area. Sewer Sewer: service is available adjacent to the property along both S 304' Street and 16' Avenue S. Future site development would require onsite sewer extension &/or sewer service connections from Lakehaven Water and Sewer District (exhibit K). Public Water: Lakehaven Water and Sewer District provides water service in this area. Existing water service is available adjacent to the property along both S 304'h Street and 16' Avenue S. Future site development would require onsite water main extension &/or water service connections from Lakehaven Water and Sewer District (exhibit K). Solid Waste: Solid waste is provided by Waste Management. Availability of Public Services Police: Police protection is provided by and will continue to be provided by the City of Federal Way Police Department should development occur. A component of the Community Design Guidelines applications for development would be required to submit the Crime Prevention Through Environmental Design. Checklist. The provisions within the code section promote concepts to reduce attraction of crime. Staff Report to Land Use Transportation Committee Page 4 Public Meeting October 3, 2022 VI. Public Works Comprehensive Plan Amendments The following Comprehensive plan amendments are requested by the Public Work Department for non -motorized transportation improvements: A. City Center: Extend BPA Trail from 11'h PL/13" Ave S along north side of S. 3241h St to 23rd Ave S and along west side of 231 Ave S from S. 324" to S. 320" Street (exhibit A & B). This project element is included under City's CIP, Project #16 (exhibitM). The proposed amendment results in an 18 foot -wide multi use / shared -used path and regional trail connection to the BPA Trail (exhibit C) and consistent with the Federal Way City Center Access Project — Proposed Solution Community Outreach Summary (exhibit L). B. Federal Way Transit Center Pedestrian Connection: Construct sidewalk to preserve pedestrian access between large blocks with in City Center, specifically from Pete von Reichbaurer Way S and 2 1 " Ave S (exhibit D). This project is included under City's CIP, Project # 29 (exhibitN). The proposed amendment will improve and preserve non -motorized transportation safety for those accessing the Federal Way Transit Center. C. North Fork West Hylebos Trail: Construct Trail within Spring Valley along North Fork of West Hylebos Creek (exhibit E). Typical cross section in nonenvironmentally sensitive areas (Asphalt Concrete) and boardwalk within environmentally sensitive areas (exhibit F & G), respectively. This project is included under City's CIP, Project # 42 (exhibit O). The proposed amendment will increase opportunities to connect the community with the natural environment as well as connect to Todd Beamer High School. The project would be a joint venture between Public Works Surface Water Management (SWM) and the Parks Department. D. Non -Motorized Facilities Around South Federal Wav Transit Station (exhibit H): Project Description 1 S. 359": SR 99 to SR 161: Construct sidewalk and bike lanes on both sides of the street 2 16" Avenue S: S. 359" to S. 364'h Way: Construct sidewalk and bike lanes on both sides of the street 3 S. 359" and SR 161: Construct staircase and ADA accessible ramp 4 I-5 Crossing: S. 359" to 20'h Avenue S: Construct non -motorized crossing 5 20`h Avenue S and S. 360'h: SR 161 to 3211 Avenue S: Construct sidewalk and bike lanes on both sides of the street 6 Milton Road S: SR 161 to S 369'h St: Construct sidewalk and bike lanes on both sides of the street VII. Public Comments Received Staff Report to Land Use Transportation Committee Page 6 Public Meeting October 3, 2022 The following is a summary of the comments received during the notice of application and SEPA Environmental Determination. Comment letters are included as an attachment to this staff report. Rivera Property • Lives directly across from the proposed rezone. Concerns over increased traffic and crime. Development will displace families that have lived in the area for more than 40 years (exhibit P). • Bought home with understanding that property was zoned PO for office use. BC could allow multi -family housing. Concerns with traffic and crime (exhibit Q). • Strongly oppose, could allow multi -family. Part of the "American Dream" is owning a house not, living in an apartment (exhibit R). • Development of the property will result in traffic congestion and increased crime. The proposal will displace families and decrease property values (exhibit S). • Concerns about impact to the neighborhood and if an impact study has been conducted (exhibit 1). • Adjacent office property currently experiences illegal activity. Proposal will increase crime and vehicle break-ins. Impacts associated with overflow parking from activities related to Federal Way High School (exhibit U). • Concerns over change in zoning that would allow multi -family housing. Proposal will have a negative effect to Federal Way High School and neighboring homes. Significantly increase traffic and crime (exhibit V). Public Works • No comments were received on the proposed text amendments for non -motorized transportation improvements. V111. COMPLIANCE WITH FWRC 19.80.140 - FWRC 19.80.140, Factors to be Considered in a Comprehensive Plan Amendment — The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan. (1) The effect upon the physical environment. Rivera Property There are no foreseeable or anticipated significant adverse impacts on the physical environment related to development of this property. Regardless of zoning, the city has adopted codes and regulations in place to protect the environment. There are no mapped or known critical areas on site. No mapped or known geologically hazardous landslide or erosion hazard onsite. No wetlands or fish and wildlife habitat is located on or within 225 feet of the subject property. The site is not located within a regulated aquifer recharge or wellhead protection area. The site is not located within a flood hazard area or shoreline jurisdiction. Public Works Staff Report to Land Use Transportation Committee Page 7 Public Meeting October 3, 2022 There will be no adverse or unmitigated impact on the physical environment related to development of the proposed Public Works non -motorized transportation improvements. The city has adopted environmental codes in place to protect the environment. Project specific environmental review will occur with each requested project. Planning non - motorized transportation options with an emphasis on including non -motorized routes, greater mobility options, alternatives to driving, and lowering transportation -related energy consumption is consistent with the city's transportation state and regional policies (FWCP Chapter 3.1) and a benefit to the physical environment. (2) The effect on open space, streams, and lakes. Rivera Property The project is currently undeveloped land. There are no mapped lakes or streams on or within close proximity to the site. Development of the site as currently zoned or as proposed will not impact open space, streams or lakes. Public Works A. City Center — Proposal to extend BPA Trail will not affect open space, streams or lakes. B. Federal Way Transit Center Pedestrian Connection — Proposed pedestrian connection is located within currently developed city blocks north of S 320' St between Pete von Reichbauer Way S and 215t Ave S. This connection will not affect open space, streams or lakes. C. North Fork West Hylebos Trail — The proposed boardwalk will require project specific environmental review and critical areas assessment. The boardwalk does diminish open space, lakes or streams. The project will enhance environmental education opportunities. D. Non -Motorized Facilities Around South Federal Way Transit Station non - motorized capital projects — Individual projects will require site specific environmental review as needed. The projects will not impact open space, lakes or streams. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. Rivera Property The FWRC provides development regulations to offset impacts to adjacent property through setbacks, height limitations, landscaping, tree retention, building, site design criteria; etc., for all developments. Specifically, concerns regarding height of potential multi -family structures has been received through public comment. For a site -specific comprehensive plan amendment, a declared use and development plan is not required. However, current regulations contain provisions to offset height impacts on adjacent residential or single-family residential zoned property. for example, multifamily structures within the BC zone are limited to a building height that may not exceed 30 ft. above average building elevation for the portion of the building located within 100 ft. from a single-family residential zone. The height limitation of 30 feet within 100 feet of a residential zone or single-family residential zone is echoed throughout the uses permitted in the BC zone. Public Works Staff Report to Land Use Transportation Committee Page S Public Meeting October 3, 2022 The Public Works text amendments for non -motorized transportation improvements are primarily comprised of completing or constructing sidewalks, improving bicycle transportation, pedestrian connectivity to the Federal Way Transit Center and other similar improvements at locations throughout the city. The proposal also includes improving access to the natural environment via the West fork Hylebos Trail and Boardwalk. These uses are compatible with the surrounding land uses and neighborhoods. (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. Rivera Property All public utilities are available to the subject property. School impact fees are collected during the building permit phase if future development includes residential uses. The project site is within % mile of bus transit service. Traffic mitigation will be implemented during project specific review. There are a wide variety of recreational opportunities in the city. These opportunities include Dash Point State Park (a 398-acre state park on the west side of the city, operated and maintained by Washington State Parks); Celebration Park (an 84-acre city -owned community park located approximately in the middle of the city with ballfields and walking trails); Town Square Park (a four -acre city -owned community park located in the City Center); and recreation trails in the Bonneville Power Administration right-of-way. There are also a number of other parks and open space areas scattered throughout the city. The Rivera Property is privately owned property and is not a public park, protected open space or green belt. City codes require provision of on -site open space, or a fee -in -lieu of open space, if land is developed for residential uses. This is a non -project action and there is no site -specific proposal; however, if the parcel is developed with residential uses in the future, impacts on schools would be mitigated by the payment of a school impact fees. The listed elements community facilities including utilities, roads, public transportation, parks, recreation, and schools are adequate to accommodate the proposal. Public Works The proposed amendments serve to provide viable and safe alternative access for pedestrian and other non -motorized options to travel to community facilities, travel along roadways and arrive at public transportation facilities. The west Fork Hylebos Trail will enhance parks and recreations opportunities and connect to Todd Beamer High School. The listed elements community facilities including utilities, roads, public transportation, parks, recreation, and schools are adequate to accommodate the proposal. (5) The benefit to the neighborhood, city, and region. Rivera Property The existing neighborhood pattern includes commercial, office, civic, single-family and multi -family uses. At present, vacancy rates of existing office buildings continue to climb making office developments less likely to be constructed or viable for the foreseeable future. Unsecured vacant properties that do not have established uses or the appearance of ownership are subject to trespass and illegal dumping or encampments. The BC zone allows for a mixture of uses more compatible with the surrounding development. Staff Report to Land Use Transportation Committee Page 9 Public Meeting October 3, 2022 Public Works The proposed amendments aim to maintain mobility through a safe, balanced, and integrated transportation system, enhance community health and livability through a connected system of non -motorized pedestrian, bicycle and transit ways that are part of a regional transportation network aimed at reducing dependency on individual private vehicle transportation. I (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. Rivera Property Professional Office or Office Park designation in not in demand and existing office building vacancy has significantly increased in the post pandemic work scape trends. Demand for land that is flexible and allows mixed use development with respect to commercial retail and residential uses is in demand and need to reach employment and housing goals. Public Works Not applicable for non -motorized transportation improvements identified in this report. (7) The current and projected population density in the area. Rivera Property Population growth continues to steadily increase within the City of Federal Way (FWCP 2.3, figure II-3). The proposal is a non -project action comprehensive plan amendment and does not require a site -specific proposal. If residential development or mixed use commercial residential is proposed at the site the number of units would depend on development regulations for access and stormwater infrastructure, and zoning restrictions due to height, parking, landscaping, and open space requirements. As identified in the Housing Action Plan the area in general can accommodate such development. In addition, Federal Way needs to add approximately 6,800 new units before 2040 to accommodate expected population growth and account for past underproduction. This equates to an average production of 339 units each year, a 68% increase over recent housing production trends Public Works Population within the city and region continues to grow. Diverse options for non - motorized transportation available to residence of all mobility types and needs are increasingly vital to the success of an emerging multi -modal progressive transit -oriented city. (8) The effect upon other aspects of the comprehensive plan. Rivera Property The Community Business designation encompasses two major retail/commercial areas along the SR-99 corridor, including the segment generally between South 272nd Street and South 312th Street, and the segment between South 324th Street and approximately South 339th Street. Presently, these areas are characterized by a wide range of development types and appearances, including older, single -story developments that provide excellent redevelopment opportunities (FWCP 2.7). Approval of the requested Staff Report to Land Use Transportation Committee Page 10 Public Meeting October 3, 2022 Community Business (BC) comprehensive plan designation at the subject property not affect other aspects of the comprehensive plan. Public Works Approval of the requested text amendments will not affect other aspects of the Community Plan. IX. COMPLIANCE WITH FVMC 19.80.150 - Criteria for Amending the Comprehensive Plan — The city may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; Rivera Property Changing the designations from Professional Office to Community Business does have a substantial relationship to public health, or safety in that in the event the property is developed with any of the allowed uses within the BC zone there is an increased chance that the site will be occupied with relevant uses other than the dwindling office use type. It is not likely that sorely office use would be financially viable or the highest and best use of the site. With diverse use types permitted in the BC zone it is more likely the site would be developed, occupied and be productive for the overall economic growth of the city. Developed and occupied sites generally deter illegal trespass, encampments and garbage dumping. If in the future residential development were proposed at this location, the Housing Action Plan has indicated that this area having the potential to the contribution of additional residential units to meet expected population growth goals. Due to the small size of the subject property there is an increased probability that small businesses would be able to thrive at this location, potentially adding job opportunities. Public Works Please see response under Sections V (4) & V (5). (2) The proposed amendment is in the best interest of the residents of the city. Rivera Property and Public Works As detailed throughout this report, the Rivera Property proposal and the Public Works non -motorized transportation improvements text amendments are in the best interest of the residents of the city. (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city's adopted plan not affected by the amendments. The comprehensive plan amendments under consideration are consistent with the following goals of RCW Chapter 36.70A.020 of the Growth Management Act (GMA). The following goals are not listed in order of priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans and development regulations: i. Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. Staff Report to Land Use Transportation Committee Page 11 Public Meeting October 3, 2022 ii. Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans. iii. Housing. Plan for and accommodate housing affordable to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. iv. Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. Rivera Property The Rivera property proximate location to Pacific Highway S and disassociated with the predominate locations of existing Office Park and Professional Office designations. The proposed BC designation would be consistent with the existing BC corridor identified in the Comprehensive Plana and is consistent with the following policies of the comprehensive plan for the Community Business Comprehensive Plan Designation: General Policies for Commercial, Office, and Commercial Enterprise The following apply to all commercial, office, and commercial enterprise designations. In some instances, specific goals and policies may follow a specific land use designation. • LUP 26 Provide fbr a mix of commercial and residential uses in most commercial areas • LUP 27 Use design and performance standards to integrate multi -family development into commercial developments as commercial/ residential mixed -use development. Performance standards should focus on scale, appearance, and compatibility. • LUP 29 Ensure compatibility between non-residential developments and residential zones by regulating height, scale, setbacks, and buffers Community Business • Goal LUG6 Transform Community Business areas into vital, attractive, areas with a mix of uses that appeal to pedestrians, motorists, and residents, and enhance the community's image. Policies • LUP 39 Encourage transformation of the Pacific Highway (SR-99) Community Business corridors into quality retail/commercial mixed -use areas, designed to integrate auto, pedestrian, and transit circulation, and to improve traffic flow and safety, including access control and off-street interconnectivity between adjoining properties where feasible. Continue to utilize Community Design Guidelines to ensure quality site and building design and functional and aesthetic compatibility Staff Report to Land Use Transportation Committee Page 12 Public Meeting October 3, 2022 between uses. Integration of pedestrian amenities and open space into retail and office development should also be encouraged. • LUP 40 Encourage a range of pedestrian -oriented retail, while continuing to accommodate auto -oriented retail uses, and provide supportive uses to meet the needs of residents and employees in the area. Public Works Public Work Department request Comprehensive Plan text amendments to include the non -motorized transportation improvements consistent with the goals and policies of the FWCP - Chapter Three, Transportation. An overarching goal of the city is safety, accessibility, and a connected multi -modal non -motorized network. • Goal 1 TG1 Maintain mobility through a safe, balanced, and integrated transportation system. • Policies TP1.1 Reduce reliance on drive alone trips by prioritizing and implementing supportive local -level transit, high occupancy vehicle (HOV), and nonmotorized improvements. • TP1.10 Coordinate with transit agencies to provide convenient non -motorized access to transit facilities. • Goal 3 TG3 Enhance community health, livability, and transportation by providing a connected system of pedestrian, bicycle, and transit ways that are integrated into a coordinated regional network. • TP3.8 Encourage non -motorized improvements that minimize the need for residents to use motorized modes by extending the existing non -motorized system and providing: 1. Access to activity centers and schools; 2. Linkage to transit, park & ride lots, and school bus networks; 3. Completion of planned pedestrian/jogging or bicycle trails; 4. Designating a network of streets that can safely and efficiently accommodate bicycles; and, 5. Extend sidewalks to all streets. • Goal 5 TG5 Develop and implement transportation systems management strategies and programs that contribute to the overall effectiveness of the multimodal transportation system. • TP5.8 Encourage the provision of a robust transportation alternative rich environment so that all members of the community, including those with transportation disadvantages, have viable travel options or alternatives. X. FWRC 19.75.130(3)(a), Recommendation by the Hearing Examiner. In this instance, through the consolidated review process of FWRC 19.15.060, the Planning Commission applies the criteria listed in FWRC 19.75.130(3)(a) instead of the Hearing Examiner. Because this application is utilizing the consolidated review process of FWRC 19.15.060, the Planning Commission will forward a recommendation to the City Council as provided under FWRC 19.80.240. After considering all of the information and comments submitted on the matter, the Planning Commission shall issue a written recommendation to the city council. The Planning Commission shall use the following criteria for quasi-judicial rezones: Staff Report to Land Use Transportation Committee Page 13 Public Meeting October 3, 2022 (3) Decisional criteria. The hearing examiner shall use the following criteria for quasi-judicial rezones: (a) The city may approve an application fbr a quasi-judicial nonproject rezone only if it finds that: (i) The proposed rezone is in the best interest of the residents of the city; and Rivera Property The change in designation and zone would allow for the property to be developed as any of the listed uses in FWRC 19.220 — Community Business. The property does not contain any mapped or known critical areas and is served by urban infrastructure and services that can support the proposed designation and uses. Public Works Not applicable. (ii) The proposed rezone is appropriate because either: (A) Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning and that, under those changed conditions, a rezone is within the public interest; or (B) The rezone will correct a zone classification or zone boundary that was inappropriate when established; Rivera Property Conditions in the immediate vicinity of the subject property have significantly changed since the property was given its present zoning and since the City of Federal Way incorporated has remained undeveloped. At present, vacancy rates of existing office buildings in the city are approximately 26-30%, making office developments less likely to be constructed or viable. This is the case with the Rivera Property. The applicant previously obtained project approval for an office building under permit #07-105965-UP (expired, July 18, 2016). The applicant asserts that current and past high vacancy rates for office buildings inhibited the project to obtain funding. Unsecured vacant properties that do not have established uses or the appearance of ownership are subject to trespass and illegal dumping or encampments. The BC zone allows for a mixture of uses more compatible with the surrounding development and BC corridor identified in the Federal Way Comprehensive Plan (FWCP 2.7, II-14). Public Works Not applicable. (iii) It is consistent with the comprehensive plan; Rivera Property Not applicable as the rezone is accompanied by a comprehensive plan map amendment. Public Works Not applicable. Staff Report to Land Use Transportation Committee Page 14 Public Meeting October 3, 2022 (iv) It is consistent with all applicable provisions of the title, including those adopted by reference from the comprehensive plan; and Rivera Property The proposal to rezone the Rivera Property from PO to BC is consistent with all applicable provisions of the title, including those adopted by reference from the comprehensive plan. Public Works Not applicable. (v) It is consistent with the public health, safety, and welfare. Rivera Property The proposal to rezone the Rivera Property from PO to BC is consistent with public health, safety and welfare. Public Works By providing additional non -motorized improvements, the city is increasing the opportunity for people to make healthy mobility choices. XI. LAND USE AND TRANSPORTATION COMMITTEE The Land Use and Transportation Committee may take the following actions regarding each proposed comprehensive plan amendment and rezone request: 1. Recommend to City Council adoption of the proposed comprehensive plan amendments as proposed; or 2. Modify the proposed comprehensive plan amendments and recommend to City Council adoption of the amendments, as modified. 3. Recommend to City Council that the proposed comprehensive plan amendments not be adopted. Exhibits • "A" City Center Extend BPA Trail (1 Ith PL13th Ave S along north side of S. 324th St to 23rd Ave S) • "B" City Center Extend BPA Trail (west side of 23rd Ave S from S. 324th to S. 320th ST • "C" City Center S 324th ST & 23rd Ave S (Roadway Cross Section) • "D" Federal Way Transit Center Pedestrian Connection (Construct Sidewalk) • "E" North Fork West Hylebos Trail Approximate Location • "F" North Fork West Hylebos Trail (Trail Cross Section) • "G" North Fork West Hylebos Trial (Boardwalk Cross Section) • "H" Public Works Sound Transit Non -Motorized Access Project • "I" Zoning Map of Site -Specific Request #2 — Rivera • "J" Aerial Map of Site -Specific Request #2 — Rivera • "K" Lakehaven Water and Sewer Map 21-104065-UP • "L" CCA Outreach Report Summary Fall 2019 • "M" Capital Improvements Project 16 City Center • "N" Capital Improvements Project 29 FWTC Pedestrian Access Improvements Staff Report to Land Use Transportation Committee Page 15 Public Meeting October 3, 2022 • "O" Capital Improvements Project 42 West Hylebos Trail • "P" Public Comment Steven Smith 5-1-22 • "Q" Public Comment Jim and Ramona High 4-22-22 • "R" Public Comment Harold G 4-24-22 • "S" Public Comment Loni Held 5-1-22 • "T" Public Comment Larry Menzel 5-11-22 • "U" Public Comment Kara Bee 4-27-22 • "V" Public Comment GP Ericksen 4-24-22 • "W" Notice of Planning Commission Public Hearing Staff Report to Land Use Transportation Committee Page 16 Public Meeting October 3, 2022 10.1 .402241 5 324 & 23RD TRAIL 426 �'47 A Q it ��` 2{ia �' 2323 ; `' J200 ` 18 FEET WIDE MULTIUSE PA Q 61020 *s2s11 2426 32317 LLI i F25�4 \ � StY FU2bePo��S � x 81f0,43 0' x 516 632332 O7 � ,\ 1< J233Si32526 4t,!loi' y 63227 . \ all a '3g614 .94" 1. :10 006 'f� •� Celebration PaOr EXHIBIT "A" ir- i > m - S imm SY r o Ll ■I < l ][7S.324 & S 23RD TRAI T i r- 18 FEET WIDE MULTIUSE PATH SEE SHEET 1 OF 2 TO I THE WEST OF S 324 1 yy -mom f• EXHIBIT "B" 1 S. 324TH & 23RD AVE S ROADWAY CROSS SECTION S 324th ST 94f- 3' 12' 6' 11' 11' 1 � 11' , 11' 12• 3 2' f UTIL PATH WB2 WB1 TWLTL EBi E62 SDWK UTIL 23rd AVE S 96, _ 58' VARIES :l 12' 12' 12' 12-IP 12-t 12' * 31 ++ # f -w + � I 2• r UTIL PATH S132 SB1 N61 N132 SDWK UTIL EXHIBIT "C" w Federal Way Transit Center Pedestrian Connection -1 • �. ,'ram I +. 471 - Aj, _ .J... �� x � �. � �� r. r +.� � � l� •�F Al wr k a _tia` i •f EXHIBIT "D" m00 O rm x m (A in AN cw cr 0 EA 14 North Fork West Hylebos Trail Cross Section ti HORUZONTAL IArIEiSG.APE GOWROL VARIES A, VARIES TRAIL CROSS SECTION IN NON -SENSITIVE ENVIRONMENTAL AREAS EXHIBIT "I'll North Fork West Hylebos Trail Cross Section BOARDWALK CROSS SECTION 5-7 eonaDwax tMt. $Kaua P" FOUNMTM TRF- FWATM FOUNDATION TRAIL CROSS SECTION IN SENSITIVE ENVIRONMENTAL AREAS EXHIBIT"G" `aS� ryt m S 33 st N 70.teha 4. Q� 0 S 333rd St m Project type aS n,9 s - Bike Only Station access project Station and onsanestru<[ separated bicycle -99I onk pea only alignment alternative ;ating Street/pa[n mtenraron/ I LJ Bike and Ped crossing �$$ S 336th St 10 m S 33hh Ln $ N Project COST $tow lid u, 53 5 338th LEW Rl..'. T G 5 $$ Med wr in mero,o eo�.Kc„:, setelr aed opnml>o qu anoa gory a aneN.n »aaaeec �a m soov N St Provide pedestrian safety L $$$ High Buren Beale, E•r=v� Eai,ly improvements 5340thSt s cy cyg Pt�p\ — r ■ ■ll�. ■ 341st PI rn aQ\ S S Nsy to Rating Ro g to prig `yy cta oC �� L�y�oti J'c`"� S 3a1c S 343rd S PerrwmIng ■ m PMaming L L Provide pedestrian safety Y/N Y/N Y/N Y/N S 44th St improvements Construct multiuse path through Hylebos Wetlands ■ ■ ■ —I El C r- St I I■■■■■■d 18 ,' �a� 53a5t'h all i! Geneva . !ony 53aa�r Lake 5346tA St i S 348th t 347th PI Construct separated bicycle lanes with landscape buffer S 347th St ■■■■I --II I■■. � _ y S34BthSt Construct sidewalks and �!a��k . 41 bicycle lanes s s77 1` S 349th St SF Enchanted S 349th St �' h N N ■ ■r ■ k Parkway Q 5S S 352nd St Bicycle safety and signal ' ,� y n i r improvements for pedestrians S 352nd St SF Enchanted ■ ■ ■ ■ ■ ■ a m 5 352 Brook Parkway (Design Ft 353rd PI d L m to Lake Option) aS Q 00 a South County Q S-ySth v a Ballfields �.� Sr � In r ¢ Stith _ Bicycle safety and signal SF 1-5 t improvements for pedestrians S 6th St c > Construct nonmotorized Complete sidewalk gaps c ■ ' ■ ■ crossing of I-5 e S 3s9t t $ 7■■■I !■I S35Bth St Bicycle safety, sidewalk �' 'a v aout. >n S 361st PI vl and signal improvements '2 I I■ ■ I I■ I s362od4 S p\ n Si S 362nd S[ 363rd to Complete sidewalk gaps Way N'J h d n■■l ■n■r Construct stair connection Bicycle safety, sidewalk > Five and signal improvements y Mud $$ .Mile Lake w _ Now —_■ = -" r e m Park Q a' Hylebos ■ ■ ■ ■ Lake Fivemlle r r Wetlands $ $$ S 367th PI Lake a m S 368th St C7 '^ > S 369th t 3 qa� > t 99 Complete sidewalk gaps S 370th St A/ S 371st St ■fin■■ pd S $ s0 Construct bicycle lanes and m 371st PI S 373rd $ connect to Interurban Trail x' 372nd P1 a ■ ■ L ■ n ■ i--I Complete sidewalk gaps 3 m�,�k $$$ 161 S 374 n, S 374th St Trout Federal Way a S 376th S 1 1151 • ■ ■ ■ ■ v, Lake _ a • I In - - ' S375tt"P S 376th St i � Complete sidewalk gaps Q L vl S 376th PI ' . n ■ ■(! ■ ■ - 'Lin St 2? • Q� 5S ,' h raps • " - - S 380th,o/ S 380th ?t STh St - .®. Milton 3� yir%- Y V r L L .,L.i ' . . . _ . . _ - _ • • . • • _ Alder Si n N N N 0 1/4 1/2 1 Miles N m a a I I I I ¢ Hylebos Creek a > > a a L L L v Comet St R Source: WSDOT, Sound Transit, King County, Pierce County, City of Tacoma, Mapbox. OpenStreetMap PRELIMINARY DRAFT - r Tacoma Dome Link Extension CI ID IC/"TT/1 DC\/IC 1/1AIC SniiNnTQeNur S 303RD ST IS 303RID ST 9. 0 _to _ T cn S 304TH ST S 304TH ST Q H to BC Federal Way BC High School 410 Rati MAU �. S 304TH ST k X -j_V f rBC V 1 S 305TH PL BC �,R li City of Federal Way Exhibit #2 2022 Site Specific Requests for Comprehensive Plan and Zoning Designation Changes Rivera Property ' Legend i Site Specific Request Buildings Streets Streams (City Survey) Wetlands (1998 City Survey) Zoning Boundary* Note: An asterix (') next to a zoning R designation indicates the property is governed by a development agreement. 0 250 500 N Feet C11Y OF Federal Way This map is accompanied by no warranties, and is simply a graphic representation. ❑m �- • r City of Federal Way Exhibit #2 2022 �s - T. s0 sr ti ... ' - Site Specific Requests ; for Comprehensive Plan and Q t Zoning Designation Changes S 303RD ST _ 5 303 ST Rivera Property r Legend `,1-0 (CO Site Specific Request w S 304T i S 304T"T Streams (City Survey) s,` Wetlands (1998 City Survey) wr�-t ; Zoning Boundary* -■f„■ Note: An asterix (') next to a zoning r~ ♦♦�'++* designation indicates the property is V governed by a development agreement. 4�1. 0 250 500 ' — v ' '' • --. N Feet Federal Way 9 .� Federal Way This map is accompanied by no warranties, _ and is simply a graphic representation. R:leriWcdlProjectslSSR Complan120221Mapslssr2_2022_aerial.mxd Lakehaven 0253000220 1439 0521049202 l 30324 0521049183 30323 CO l+ C] � f=9�P ti JA] 1% 052104118 30331 CID 0521049203 I 30330 0253000215 + 0253000210 1447 I 1455 NOTE: Lakehaven Water and Sewer District neither warrants nor guarantees the accuracy of any facility information provided. Facility locations and conditions are subject to field verification. 0521049204 30324 0253000205 0253000200 1463 1471 2500000000 30317 41�=A ` a K iD .y 30318 1 12" CONC �" 2 S 304TH ST ■ V4 16" 16" 1 N Ot � m r1 0921049036 ? 30405 0821049001 31031 to Rivera Complan Amendment & Rezone 21-104065-UP 0 50 100 I Feet 12/9/21 MA� Federal Way Federal Wa _ Y Centered on Opportunity CENTER ACCESS PROJECT Community Outreach Summary 16. CITY CENTER ACCESS PHASE 1— ENVIRONMENTAL O S 320th Street, S 324th Street and 1-5 interchange '1 N :i 11 FL A 116S1 13161N M 5 31L 51 J d S W ST r C MR S 320 ST S 320 ST N Y N � g Le y } 24 6T enter awN-«,Y ti N � y•` nr 6��s P� a]� Na Sn PROJECT DESCRIPTION: Create a Preliminary Design Report. The report is a required step in the environmental review process and for agency approvals, PUBLIC BENEFIT: • Improved mobility for people traveling by car, transit, bike, or walking by decreasing congestion on S 320th Street Improved access to and from the City Center Alternative routes for traffic around, rather than through the City Center Core PROJECT COST: $1,922,000 PROJECT TYPE: IQ TIMELINE: 2020-2021 MORE INFORMATION: www.cityoffederalway.com/node/3677 ff 6111YY 'a SwM: 1 :,On-MOrORI7rD 3b ROADWAY: t✓ 14 1 CIF 2,0.0-2025 ; A Guide'c _he COys fviajor Sfree' ono S:orme•:arer Projects Fun1111rgivCIPr:Lp:;!i;apie!^POccO'sDel O;L1ieC11),s2yty bu oNcycleprucc'ss 29. FEDERAL WAY TRANSIT CENTER (FWTC) PEDESTRIAN ACCESS IMPROVEMENTS 0 Federal Way Transit Center (23rd Avenue S/S 317th Street) . ,,. sr !— S3124T 8312ST' as { Q Jta � V% SJ1SW � S./IA LI 5.116 i• iJIQ �N .. � T % G O snl1l a T`.. S317ST n w > rl N. L% 3 71l./S •. r 310 f4 0 ST ` S 320 SyT Y 'N K D N fA s 1Tj %I PROJECT DESCRIPTION: Construct sidewalks in four specific areas and preserve pedestrian access between large blocks within the City Center. PUBLIC BENEFIT: • Improved non -motorized transportation safety • Increased visibility for all users trying to access the FWTC Increased accessibility to light rail and bus service at the new FWTC PROJECT COST: $1,000,000 PROJECT TYPE: TIMELINE: 2021-2022 4 SWM: 1 NON•MOTORIHI): &b ROADWAY; IQ fulding for CIPProjects is determined as parl of IN, uirl's2yearburlgel cycle proces) CIP 2020-2026 ! A Guide to the City's Major Street and Stormwaler Projects 121 t.11V of Fooera) Wi11 M"?ial Sllcel ant,' ; ormwawi CAPITAL IMPROVEMENT PROJECTS 2020-2026 42, NORTH FORK WEST HYLEBOS TRAIL 0 North Fork West Hylebos Trail L",I -i PxL PROJECT DESCRIPTION: Create a nature trail system within Spring Valley along the North Fork of West Hylebos Creek. One leg of the trail system will be extended to nearby Todd Beamer High School. PUBLIC BENEFIT: • Connect the community with the natural environment • Increased opportunities for education and outreach and environmental stewardship Improved water quality PROJECT COST: $5,200,000 PROJECT TYPE: 1 TIMELINE: 2023-2024 OTHER NOTES: This project would be a joint venture between SWM and the Parks Department, SWM: h: 00 ROADWAY: Iundinylot ClPprojedsisdele;mmeaasnartorlreGiy's2ye.rbuJoel cydea o:ess IP 2C20-20H A Guide is the Ci:y's Major Street ane Stormwater Projects 127 Natalie Kamieniecki From: Steven Smith <scspnw@gmail.com> Sent: Sunday, May 1, 2022 6:13 PM To: Natalie Kamieniecki Subject: No zoning changes to greenbelt (EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. I live directly across the street from the newly proposed rezoning and conversion of the green belt at the Revera property into a multi story apartment building. This would be terrible for our local community and to even consider it would be a slap to thr face of everybody who lives in this area. Our streets cannot handle any new influx of cars flooding our area, nor the crime that will inevitably come with it. If this rezoning takes place, you will be essentially forcing myself, and other families who have lived in this neighborhood for literally 40 years to move. Sincerely, do not pass this rezoning..We the community will fight back Steven 2062581266 Natalie Kamieniecki From: Sent: To: Subject: Jim and Ramona High <jrhighteam@gmail.com> Friday, April 22, 2022 10:08 AM Natalie Kamieniecki Opposing the Richard Rivera Property Rezone [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Natalie We are writing because we found out about the proposed rezone of the Richard Rivera property in Federal Way and we oppose the rezone. The owner has suggested that the property have zoning changed from PO to BC. When our family purchased property near the aforementioned location, we did so with the understanding that the Rivera property would be PO. Changing the zoning to BC is not fair to the neighbors who bought with the full knowledge that the zoning would be PO. BC could allow there to be retail or multifamily housing in that location, the latter of which especially will result in increased traffic and potentially more crime. From reading the police reports, we know crime has increased near other multifamily units in Federal Way, specifically Park 16 and the Uptown Square Apartments. Plus, according to city codes, the multifamily dwelling units could be several stories high, creating eyesores for neighbors. We would like a reply from you to prove that you have taken these thoughts about our opposing the rezone into consideration, and that the thoughts will be shared with relevant stakeholders who will ultimately decide on the rezone. Jim and Ramona Natalie Kamieniecki From: Loni Held <lonijh@icloud.com> Sent: Sunday, May 1, 2022 8:12 PM To: Natalie Kamieniecki Subject: NO Rezoning of Green Belt Rivera Property EMAIL This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Dear Natalie and city of Federal Way, I live directly across from the Green Belt Rivera Property that is being potentially being rezoned for the development of multi family living buildings. The area has seen an increase in crime already and an increase of density. This development will greatly impact the neighborhood and push families out that have been here for 40+years. This will do nothing for the community except add congestion, crime, displacement, and a decrease in property values. Taking down the flora to replace it for concrete is a terrible idea. I implore you to not pass the the rezoning for the green belt. Loni Smith Sent from my iPhone Could you tell me when the next zoning meeting open to the public is being held in city hall. Thank You Larry A. Menzel menze112Co)msn.com (253) 941-7779 Natalie Kamieniecki From: Kara Bee <karabee874@gmail.com> Sent: Wednesday, April 27, 2022 10:14 PM To: Natalie Kamieniecki Subject: Re: Oppose of Multi Family housing [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and m. ay not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Good evening Natalie, I would also like to include that the federal way dentist office that is located on 16th ave s which are private practices have encountered numerous break ins more so in the last 5 years. We have also experienced numerous vehicles parked In that parking lot at all hours of the night doing illegal substances, burn outs, and explicit adult contact. Having an multi family residential in that area would just cause more issues and impact that existing buisness that is currently there. We have also experienced in the last 6 months vehicles driving by homes checking out vehicles we have also have numerous vehicles broken into and registrations stolen in the direct area as well. I know my neighbors in the direct location would be highly unpleased with federal way city if they decided now to rezone that area as it had been attempted 40+ years ago and was unsuccessful. We are asking federal way city to do their part on keeping our neighborhoods safe especially being located between two schools. Thank you. On Mon, Apr 25, 2022 at 9:27 AM Natalie Kamieniecki <Natalie.Kamieniecki(@citvoffederalway.com> wrote: Good Morning, The City of Federal Way is in receipt of your comments. They will be entered into the record pertaining to all pending decisions for the proposed Rivera property rezone. Sincerely, Natalie Kamieniecki Associate Planner =w Federal Way CMfM<O W, oP --(wrr Natalie Kamieniecki From: Gp Ericksen <ericksengp@live.com> Sent: Sunday, April 24, 2022 4:23 PM To: Natalie Kamieniecki Subject: Property at 1600 S 304th Street [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. City of Federal Way Planning Department, I am a Federal Way resident of over 25 years and reside very close to 1600 South 304th Street. I have serious concerns about the application to change the above mentioned properly zoning from "Professional Office" to "Community Business". The change would allow stacked multifamily dwelling units. This will significantly increase traffic volume. I am also concerned about increase in crime as evidenced by other multifamily housing units. This will have a significant negative impact on Federal Way High School and all the neighbouring homes. I oppose the application to change the zoning, and request that the City of Federal Way reject the application. Thank you, Parveen Ericksen Ericksengp@live.com _4` CITY Of Federal Way PLANNING COMMISSION NOTICE OF PUBLIC HEARING 2022 City of Federal Way Proposed Comprehensive Plan Amendments Rivera Property Comprehensive Plan Amendment and Rezone Public Works Comprehensive Plan Amendments for Non -Motorized Transportation Improvements (Non -Project Actions) File Number's: 22-100262-UP; 21-104065-UP; 22-101175-SE The City of Federal Way's Planning Commission will conduct a public hearing on Wednesday, June 15, 2022, at 6:00 p.m. in the Council Chambers (City Hall, 33325 81 Avenue South, Federal Way, WA 98063-9718). The commission will hear testimony and provide a recommendation to the City Council's Land Use/Transportation Committee (LUTC) and City Council on a proposed comprehensive plan amendment and rezone of Rivera Property, located at 1600 S 304'h Street, parcel #052104-9204, and the Public Works Non -Motorized Transportation Improvements at various locations across the city as follows: 1. File #21-104065-UP, Richard Rivera Property — Request for a comprehensive plan amendment and rezone of parcel no. 052104-9204 (1.26- acre site), located at 1600 South 304' Street, from Professional Office (PO) to Community Business (BC). 2. File #22-100262-UP, a request from the City of Federal Way Public Works for the following non -motorized transportation projects: • City Center: Extend BPA Trail from I I' PL/13' Ave S along north side of S. 3241' St to 23,d Ave S and along west side of 23rd Ave S from S. 324' to S. 320' Street. See attached exhibit "A" `B" and "C" for plans and cross section. This project is included under City's CIP (Project #16). • Federal Way Transit Center Pedestrian Connection: Construct sidewalk to preserve pedestrian access between large blocks with in City Center as shown in exhibit "D". This project is included under City's CIP (Project # 29). • North Fork West Hylebos Trail: Construct Trail within Spring Valley along North Fork of West Hylebos Creek as shown in Exhibit "E". Typical cross section in nonenvironmental sensitive areas (Asphalt Concrete) and environmentally sensitive areas (Board Walk) are shown in Exhibit "F" and Exhibit "G", respectively. This project is included under City's CIP (Project # 42) ORDINANCE NO. 22- AN ORDINANCE of the City of Federal Way, Washington, amending the Federal Way Comprehensive Plan, Comprehensive Plan Map, and Zoning Map, changing the Comprehensive Plan designation and zoning of 1.26 acres located at the southeast corner of 111 Avenue South and South 3281h Street, parcel number 052104-9204, from Professional Office (PO) to Community Business (BC); and amending the text of Comprehensive Plan Chapter 3, Transportation, to include various city-wide non -motorized transportation improvement projects. (Amending Ordinance Nos. 90-43, 95-248, 96-270, 98- 330, 00-372,01-405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07- 558, 09-614,10-671, 11-683, 13-736, 13-745, 15-796, 15-798, 18-843, 19-866, 21- 907, and 22-938) WHEREAS, the Growth Management Act of 1990 as amended (Chapter 36.70A RCW or "GMA"), requires the City of Federal Way ("City") to adopt a comprehensive plan including a land use element and land use map, a housing element, a capital facilities plan, a utilities element, and a transportation element and transportation system map(s); and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan; and WHEREAS, the Federal Way City Council adopted its comprehensive plan and land use map (the "Comprehensive Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Comprehensive Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14, 2000, November 1, 2001, March 27, 2003, July 20, 2004, and June 16, 2005, July 16, 2007, June 11, 2009, October 28, 2010, January 27, 2011, January 23, 2013, August 14, 2013, July 29, 2015, January 26, 2018, April 2, 2019, January 19, 2021, and October 12, 2022; and WHEREAS, pursuant to Federal Way Revised Code ("FWRC") Chapter 19.35, the City may consider Comprehensive Plan amendments utilizing Chapter 19.80 FWRC, Process VI; and Ordinance No.22-Pagel of Rev 1/22 CP Comprehensive Plan Chapter 3, Transportation, regarding non -motorized transportation improvement projects. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. (a) The. proposed amendment to the Comprehensive Plan and zoning designation of the 1.26 acres, parcel 052104-9204, as set forth in Exhibit A, attached hereto, is consistent with the Council vision for the City of Federal Way, will allow development which is compatible with the surrounding existing BC designations, and therefore bear a substantial relationship to public health, safety, and welfare; are in the best interest of the residents of the City; and consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies, and the unamended portion of the Comprehensive Plan. Specifically, the proposed Comprehensive Plan amendment and rezone of the Rivera Site is consistent with the following Comprehensive Plan goals and policies: _ Land Use Policy (LUP) 26 Provide for a mix of commercial and residential uses in most commercial areas. LUP 27 Use design and performance standards to integrate multi -family development into commercial developments as commercial/ residential mixed -use development. Performance standards should focus on scale, appearance, and compatibility. Land Use Goal (LUG) 6 Transform Community Business areas into vital, attractive, areas with a mix of uses that appeal to pedestrians, motorists, and residents, and enhance the community's image. Ordinance No. 22- Page 3 of 8 Rev 1 /22 CP LUP 39 Encourage transformation of the Pacific Highway (SR-99) Community Business corridors into quality retail/commercial mixed -use areas, designed to integrate auto, pedestrian, and transit circulation, and to improve traffic flow and safety, including access control and off-street interconnectivity between adjoining properties where feasible. Continue to utilize Community Design Guidelines to ensure quality site and building design and functional and aesthetic compatibility between uses. Integration of pedestrian amenities and open space into retail and office development should also be encouraged. LUP 40 'Encourage a range of pedestrian -oriented retail, while continuing to accommodate auto -oriented retail uses, and provide supportive uses to meet the needs of residents and employees in the area. LUG 1 Create an attractive, welcoming and functionally built environment. LUP 8 Designate and zone land to provide for Federal Way's share of regionally adopted demand forecasts for residential, commercial, and industrial uses for the next 20 years. (b) The Public Works text amendments regarding the non -motorized transportation improvements, as set forth in Exhibit B attached hereto, are consistent with the goals and policies of the Comprehensive Plan, Chapter 3, Transportation, are consistent with the Council vision for the City, and therefore bear a substantial relationship to public health, safety, and welfare; are in the best interest of the residents of the City; and consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies, and the unamended portion of the Comprehensive Ordinance No. 22- Page 4 of 8 Rev 1/22 CP of the multimodal transportation system. TP 5.8 Encourage the provision of a robust transportation alternative rich environment so that all members of the community, including those with transportation disadvantages, have viable travel options or alternatives. (c) The proposed amendments to the comprehensive plan map, as set forth in Exhibit A, attached hereto, are compatible with adjacent land uses and will not negatively affect open space, streams, lakes, or wetlands, or the physical environment in general. The amendments will allow for growth and development consistent with the Plan's overall vision and with the Plan's land use element household and job projections, and will allow reasonable use of property subject to constraints necessary to protect environmentally sensitive areas. The amendments, therefore, bear a substantial relationship to public health, safety, and welfare; are in the best interest of the residents of the City; and are consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies, and the unamended portion of the Plan as specified in Section 1(a). (d) The proposed amendments to the zoning map, set forth in Exhibit A, attached hereto, are consistent with the applicable provisions of the comprehensive plan and the comprehensive plan land use map proposed to be amended in Section 2 below, bear a substantial relation to public health, safety, and welfare, and are in the best interest of the public and the residents of the City. (e) The proposed amendments have complied with the appropriate process under state law and the FWRC. Section 2. Comprehensive Plan, Comprehensive Plan Maps, and Zoning Map Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2009, 2010, 2011, 2013, 2015, 2018, 2019, 2021, and 2022 Ordinance No. 22-Page 6 of 8 Rev 1/22 CP 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 8 of 8 Rev 1/22 CP 0 3.6 Near -Term and Long -Term Projects 63 3.7 Financing and Implementation 70 Financing 71 Estimates of Revenue 73 Future Revenues for Transportation Capital Projects Transit Funding 75 76 MapIII-1, Overview Map...................................................................................4 Map III-2, Travel Patterns from Residential Areas in the Federal Way PlanningArea.................................................................................6 Map III-3, Functional Classification of Existing and Planned Streets and Highways......................................................................................17 Map III-4, Cross Section Application by Street...........................................19 Map III-5, WSDOT Access Management Classification on State Highways......................................................................................21 Map III-6, City of Federal Way Management Access Classifications ...... 22 Map III-7, Existing and Planned Traffic Signals.........................................24 Map III-8, 2014 Traffic Volumes.....................................................................25 Map III-9, 2014 Weekday PM Peak Congested Streets and Intersections.................................................................................28 Map III-10, Existing Bicycle Facilities............................................................30 Map III-11, Existing Pedestrian Facilities.....................................................32 Map III-12, Through Truck Route Plan.........................................................38 Map III-13, 2040 Weekday PM Peak Congested Streets and Intersections.................................................................................49 Map III-14, Walking and Bicyling Priority Areas........................................53 Map III-15, Planned Pedestrian Facilities.....................................................55 Map III-16, Planned Bicycle Facilities...........................................................56 Map III-17, Transit Priority Corridors...........................................................58 Map III-18, 2016-2021 Transportation Improvement Plan .........................65 Map III-19, 2016-2040 Capital Improvement Plan.......................................71 Appendix III -A. Street Design Guidelines Appendix III-B. Transportation System Management Summaries Appendix III-C. Concurrency Management System Appendix III-D. ITS Master Plan FWCP - Chapter Three, Transportation The transportation chapter of the Federal Way Comprehensive Plan (FWCP) establishes a framework for providing a future transportation system (facilities and services) that supports anticipated land use described in Chapter 2. This chapter focuses on actions and investments needed to create and manage the transportation infrastructure and services to accommodate future growth assumptions. The City of Federal Way continues to enhance the vibrancy of its community for living, working, and playing. The new public facilities, trails, and roadway investments contribute toward a vibrant downtown that the City will continue to enhance. This transportation chapter will guide efforts to enhance mobility and safety for all modes of travel in Federal Way through 2040. The process of providing a transportation system involves numerous agencies at the local, state, and national levels. The cycle of providing a system involves planning, change approval, funding, implementing, operating, maintenance, monitoring, and administering the elements of the system. Also, some of the transportation system is provided by other agencies, such as King County Metro Transit (METRO), Sound Transit, Pierce Transit, and the Washington State Department of Transportation (WSDOT). Where possible, the City partners with these agencies to improve mobility and safety. Welcome to City of Federal Way Sign at South 320th Streetl 1-5 Interchange (off -ramp) looking east Revised 102320 -5 III-1 FWCP - Chapter Three, Transportation State and county transportation policies provide a statutory framework for the development of City land use policies. It is important to consider state and county level policies when developing the transportation element because they can help guide the development of transportation supportive policy and investment. State Policies The Growth Management Act (GMA), states that, "...a lack of common goals expressing the public's interest in conservation and the wise use of our lands pose a threat to the environment, sustainable economic development, and the health, safety, and high quality of life enjoyed by residents of this state" (RCW 3 6.70A.0 10). The GMA provides a framework for content and adoption of local comprehensive plans. The GMA provides 13 goals to be, "...used exclusively for the purpose of guiding development of comprehensive plans and development regulations." A number of the GMA goals pertain to transportation. They are as follows: • Transportation — Encourage efficient multi -modal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans. • Open Space and Recreation — Retain open space, enhance recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks and recreational facilities. • Environment — Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. • Public Facilities and Services — Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards. Regional Policies The Puget Sound Regional Council's (PSRC) VISION 2040 and the 2012 King County Countywide Policies, both required by the GMA, provide a regional framework to achieve the goals of the GMA. VISION 2040 is the long-range growth management, economic, and transportation strategy for the central Puget Sound region encompassing King, Kitsap, Pierce, and Snohomish counties adopted by the PSRC in 2008. VISION 2040's Transportation Strategy provides a framework for long-range transportation planning by emphasizing transportation investments that offer greater mobility options, alternatives to driving alone, and lower transportation -related energy consumption. Revised 10232-0I-3 III-2 FWCP - Chapter Three, Transportation The 2012 King County Countywide Policies address changes to the GMA since its initial adoption in 1990 and reflect the regional direction established in VISION 2040. The countywide polices provide a framework for both King County and its respective cities, such as Federal Way. Adherence to these countywide policies ensures that city plans are consistent with one another. These policies address issues such as the designation of urban growth areas, land use, affordable housing, provision of urban services for future development, transportation, and contiguous and orderly development. In addition, the King County Countywide Policies call for minimizing air pollution and greenhouse gas emissions through supporting mass transit, encouraging non -motorized modes of travel, and reducing trip lengths. Policies contained in this comprehensive plan have been prepared to implement VISION 2040 and the King County Countywide Policies as they apply to the City. This chapter must be consistent with both VISION 2040 and the King County Countywide Policies. By implementing the goals in Section 3.3, the Transportation Chapter is consistent with VISION 2040 and the 2012 King County Countywide Policies direction. Federal Way is primarily situated between Puget Sound and Interstate-5; see Map III-1 (Overview Map). State Route 99 (SR 99), a Highway of Statewide Significance, parallels I-5 through the eastern part of the City. The connections of SR 18, a major east -west corridor and Highway of Statewide Significance, with SR 99, SR 161, and I-5 are closely spaced within the City. These routes experience traffic congestion regularly. Traffic incidents occurring along these routes greatly impact transportation conditions for people traveling within the City and connecting between Tacoma, Des Moines, Seattle, and communities to the east. In this regional context, the City coordinates its transportation planning with a variety of jurisdictions, including the State of Washington, Puget Sound Regional Council, King County, and neighboring communities. The City of Federal Way's existing transportation network accommodates many modes of travel, including walking, bicycling, public transit, and driving. In Federal Way, the predominant mode of travel is the private automobile, which will continue to play a principal role in the City's transportation. However, shorter trip lengths are becoming more common and the total miles people are traveling in vehicles is declining. These two factors affect how people choose to travel, such as by walking, by bicycling, by transit, or by vehicle. To achieve City and regional goals, emphasis will be placed on providing integrated and balanced mobility opportunities for all modes. The transportation concept is intended to facilitate the following: Revised 0232815 III-3 FWCP - Chapter Three, Transportation City of Federal Way Comprehensive Plan PuSa Sound Map ill - 1 Overview Map C�Er d Fvfd Yb CPS rt� IMM ft hay S F." V&%M 29S-83&J" l�wfA[] Des Kent Moines ,zTi , s� vVt� A A� Federal _ � �=�'.� IG._--�..•�� Way 53171th�i 6W 313th:1-_ SSW.31ap[45t _ a7w 33eY & 4 a xtalh at rf �I IIII -- r L Q Feih�Jaf way JI PAh. Hilton IN CITY Of Federal Way BMW: A Cf1U lipRf�lTirlCvbFc-tllp cmd Milles Edgewood Auk Transportation Element This map is intended for use as a graphical representaffion. The City of Federal Way mattes no wafsanty as to its aocura Cy. Revised 0232445 III-4 FWCP - Chapter Three, Transportation • Promotion of high -occupancy vehicles (HOV) use such as trains, buses, carpools, and vanpools; • Incorporation of high -capacity transit such as bus rapid transit, light -rail, and commuter rail; • Expanded bicycle and pedestrian facilities; • Maximizing existing infrastructure through transportation system management strategies. How Do People Travel? Travel patterns in the Federal Way planning area are shown on Map III-2 (Travel Patterns from Residential Areas in the Federal Way Planning Area). Travel patterns generally follow the hierarchy of roadways; people use neighborhood roads to connect to major collector and arterials. The regional facilities of I-5, SR 99, SR 18, SR 161, and Military Road are the predominant facilities used between Federal Way and neighboring cities. Travel to work in Federal Way is dominated by the single -occupant vehicle (SOV), which accounts for roughly 75 percent of work trips within the City, according to the American Community Survey. About ten percent of work trips are made by carpoolers. Transit has seen a significant increase in commute trips since the 1990s, doubling to about seven percent of work trips. Biking and walking modes account for approximately three percent of work trips, while the remaining five percent of work trips is comprised of telecommuters. Wynstone neighborhood at SW Campus Drive and 121h Avenue SW Intersection Revised 023;4} III-5 FWCP - Chapter Three, Transportation Map III - 2 WwON. A&•mRS eFedl Comprehensive Plan Travel Patterns from Residential Areas in the Federal Way Planning Area rw d f.'r Mb ..,� Legend E= City Limits Potential Annexation Area Traffic from Residential Areas R Qr�p .�.p C) Fite iL it 4 L Kent Mt� •d iJ: L•��1 LINO '� 4 Edgewood or li, t ■ Algona I Pacific Transportation Element rirr or FederalWay scaK: M This map is intended for use as a graphical representation. a as 1 The City of Federal Way makes t ca �q �llumcvACrWQ,Irr� l•a.n x: I 15iiiiiR Niles no warranty as to its accuracy. Revised f III-6 FWCP - Chapter Three, Transportation It is proposed that the City adopt the following goals and policies with respect to transportation facility improvements that allow it to maintain options into the future, especially with respect to transit enhancements. This may result in a conservative approach to highway improvements that might slow the rate of progress in the area of non -drive alone mode use. Goal 1 TG1 Maintain mobility through a safe, balanced, and integrated transportation system. Policies TP1.1 Reduce reliance on drive alone trips by prioritizing and implementing supportive local -level transit, high occupancy vehicle (HOV), and non - motorized improvements. TP1.2 Develop a transportation system that achieves the following level of service (LOS) metrics: o Signalized Intersection outside of City Center will experience a 1.2 vehicle -to -capacity (v/c) ratio or lower o Unsignalized Intersection outside of City Center will experience a 1.0 vehicle -to -capacity (v/c) ratio or lower o The City Center area will experience an average 1.1 vehicle -to -capacity (v/c) ratio or less. o Facility completeness as described in the following pedestrian, bicycling, and transit priority areas level of service tables. Pedestrian Priori Area Level of Service LOS Pedestrian facility as indicated in the Street Design Guidelines Provides a lower -level facility than recommended in the Street Design Guidelines No pedestrian facility provided Area Level or bervice Bicycle facility as indicted in Street Design Guidelines IL j I Provides a lower -level facility than recommended in the Street Design Guidelines No bicycle facility provided Revised 023291.59 III-7 FWCP - Chapter Three, Transportation Transit Priority Corridor Level of Service (LOS) More than 80% of transit stops Sidewalks and pedestrian crossing p All day frequent service; • meet amenity minimumadequate opportunities serving stops parking at park -and - provisions rides and stations More than 60% of transit stops Sidewalks and pedestrian crossing Peak period service; meet amenity minimum some stops opportunities serving ps insufficient parking at park- rovisi provisions and -rides and stations Less than 60% of transit stops General lack of sidewalks and 61 meet amenity minimum pedestrian crossing opportunities N/A provisions The Street Design Guidelines are provided in Appendix III -A. *Amenities include bus stop shelter, bench, flag post, and/or concrete waiting area; these amenities are determined based on the number of people using a transit stop as defined by a transit agency. +Consider the adequacy of parking provided at park -and -rides and transit stations TP1.3 Identify the improvements and strategies needed to fully implement the City's Layered Network and meet the level -of -service requirements for transportation. TP1.4 Allow improvements to vehicle throughput only where they enhance traffic and pedestrian safety, improve high capacity transit and HOV facilities, or reduce air pollution. TP1.5 Enhance mobility using the existing footprint of the roadway and technological advancements. When widening roadways, impacts to non -motorized users and transit vehicles and passengers should be minimized. TP1.6 Employ traffic calming measures in neighborhoods through context sensitive design where traffic volumes and speeds consistently exceed reasonable levels and as set forth in the adopted Neighborhood Traffic Safety Program. TP1.7 Improve safety on residential streets by: o Reducing street widths while maintaining on -street parking. o Increasing separation between sidewalks and streets. o Reducing design speeds to discourage speeding. o Limiting the length of straight streets to discourage speeding. o Other actions approved by Public Works. TP1.8 Use Access Management improvements to reduce crash rates and extend capacity of major arterials. TP1.9 Public Works will develop incident response timing plans for major arterials. TP1.10 Coordinate with transit agencies to provide convenient non -motorized access to transit facilities. Revised 0?3293-5 III-8 FWCP - Chapter Three, Transportation TP1.11 Develop code requirements and a designated truck route system that accommodates the needs of the private sector and residents, and provides a balance between movement needs and quality of life. TP1.12 Discourage the use of road facilities by vehicles carrying hazardous materials and those with weight, size, or other characteristics that would be injurious to people and property in the City. TP1.13 Identify transportation programs and strategies for security and emergency responses. TP1.14 Develop and maintain a Layered Network that provides connectivity and recognizes that not all streets provide the same quality of travel experience. Classify streets as Freeway, Principal Arterial, Minor Arterial, Principal Collector, Minor Collector, or Local Street. Ensure that the Layered Network continues to provide for all varieties of street uses including: regional mobility and cross-town trips; commuting; shopping and recreational travel; property and business access; and parking, regardless of mode. TP1.15 Continue to enhance the City's Layered Network by using the following methods: o Require dedication of rights -of -way as a condition for development when the need for such rights -of -way is linked to the development or where shown on the Future Roadway Network; o Request donations of rights -of -way to the public; o Purchase rights -of -way in accordance with state laws and procedures; and o Acquire development rights and easements from property owners. Goal 2 TG2 Be fiscally and environmentally sustainable. Policies TP2.1 Establish a funding program that prioritizes the most critical non -motorized improvements first. TP2.2 Develop a program to create portions of the non -motorized system through public -private partnerships. TP2.3 Prioritize transportation projects considering concurrency, safety, multimodal enhancements, environmental impacts, and cost effectiveness. Revised 102.32045 III-9 FWCP - Chapter Three, Transportation TP2.4 Assure cost-effective maintenance of transportation facilities under the City's jurisdiction, including non -motorized facilities. TP2.5 Leverage state and federal funds fortransportation improvements. TP2.6 The maintenance and preservation of existing travel infrastructure shall take precedence over major street improvement projects that expand system capacity. TP2.7 Strategically use public and private investment to complement the multi -modal vision of the plan, including "matching" improvements to supplement the efforts of other agencies to provide HOV and transit facilities. TP2.8 Capacity enhancements will be constructed where lower cost improvements cannot correct deficiencies; these capacity enhancements will be developed to be as competitive as possible for obtaining grants. TP2.9 Develop clean transportation programs and facilities, including actions to reduce pollution and greenhouse gas emissions from transportation. TP2.10 Identify stable and predictable funding sources for maintaining and preserving existing transportation facilities and services. Goal 3 TG3 Enhance community health, livability, and transportation by providing a connected system of pedestrian, bicycle, and transit ways that are integrated into a coordinated regional network. Policies TP3.1 Through subarea planning, with the cooperation of transit service providers, work to make transit part of each neighborhood through appropriate design, service types, and public involvement. This system should provide convenient connections from city neighborhood activity centers to the regional transportation system. TP3.2 Prepare, promote, and provide for an enhanced, high -capacity, regional transit system, maintaining area residents' mobility and travel options. The regional transit system should assist in attaining air quality standards. TP3.3 Acquire or preserve rights -of -way for high -capacity transit whenever possible, such as development applications, in advance of their need. Make accommodations for any improvements, whether public or private, to provide for future high -capacity transit needs without major redevelopment. Revised 1023?8*5 III-10 FWCP - Chapter Three, Transportation TP3.4 Foster phased improvements that expand transit services in time to meet the demand for these services. TP3.5 Work with transit agencies to ensure amenities such as shelters, benches, bicycle racks, lighting, and information kiosks are incorporated in the design and improvement of appropriate transit facilities. TP3.6 Support transit commuter options (e.g., subscription buses, special commuter services, local shuttles). TP3.7 Promote extension of fixed guideway facilities to the regional airport as an effective means of resolving congestion problems that affect City residents and businesses. TP3.8 Encourage non -motorized improvements that minimize the need for residents to use motorized modes by extending the existing non -motorized system and providing: 1. Access to activity centers and schools; 2. Linkage to transit, park & ride lots, and school bus networks; 3. Completion of planned pedestrian/jogging or bicycle trails; 4. Designating a network of streets that can safely and efficiently accommodate bicycles; and 5. Extend sidewalks to all streets. TP3.9 Facilitate a safe school walking routes program, and, where possible, make capital budget decisions that support such a system. TP3.10 Provide a one -mile grid of bicycle facilities connecting major activity centers, recreational facilities, and schools. TP3.11 Incorporate pedestrian and bicycle features as design elements in the City Center as reflected in the FWCP Vision and City Center Street Design Guidelines. TP3.12 Include sufficient area in rights -of -way for bike lanes, sidewalks, and landscaped medians to provide separation from motorized traffic. Use landscaped medians to separate opposing traffic when safety and aesthetic purposes dictate the need. TP3.13 Acquire access paths between existing developments, cul-de-sacs, public facilities, business areas, and transit followed by trail construction to improve Revised 1023291-5 III-11 FWCP - Chapter Three, Transportation non -motorized circulation. Require the same for all new developments or redevelopments. TP3.14 Requiring developers to mitigate the impact of the development on the City's transportation system by constructing bike lanes, trails, and sidewalks where they would interface with the existing system to the extent allowed by law. TP3.15 Develop access management standards to minimize the number of curb cuts on arterials to improve pedestrian and vehicle safety. TP3.16 Emphasize the enforcement of laws that reduce pedestrian, cyclist, and vehicle conflict. TP3.17 Coordinate development of the non -motorized system with surrounding jurisdictions and regional system extensions. TP3.18 Incorporate environmental factors into transportation decision -making, including attention to human health and safety. Goal 4 TG4 Support the City's land use vision and plan. Policies TP4.1 Integrate land use and transportation plan decisions to support the land use vision and plan. TP4.2 Enhance traffic circulation and access with closer spacing of through streets, where feasible, and limiting the area to be served by a single access point commensurate with planned density. TP4.3 Determine street classifications by balancing travel needs with changing right- of-way uses and neighborhood character. TP4.4 Protect existing and acquire future right-of-way consistent with functional classification cross-section (transit, rail, bike, and pedestrian) needs. TP4.5 Require developments to dedicate right-of-way as needed for development commensurate with the impacts of the development. At a minimum, setback limits shall be used to assure that buildings are not placed within the right-of- way requirements for planned transportation facilities. Right-of-way dedication shall be commensurate with a development's impact to the existing and planned transportation system. Revised 10232815 III-12 FWCP - Chapter Three, Transportation TP4.6 Design arterials to fit with the planned character of areas (context sensitive design) they pass through. TP4.7 Enhance the viability of regional and local transit service by establishing design standards for streets that move transit, pedestrian, and cyclists in the City Center. TP4.8 Monitor growth in population and employment in relation to the land use and growth assumptions of the Transportation Chapter. Reassess the Land Use and Transportation Chapters as needed to ensure that planned improvements will address the potential impacts of growth. Goal 5 TG5 Develop and implement transportation systems management strategies and programs that contribute to the overall effectiveness of the multimodal transportation system. Policies TP5.1 Reduce auto dependency, especially drive -alone trips, by employing and promoting the application of programs enhance mobility and assist in achievement of the land use vision. TP5.2 Use transportation demand management to help achieve an appropriate arterial level of service that balances the City's goals for residents, consumers, employers, and employees. TP5.3 Support transportation demand management programs that can be shown to be cost-effective in achieving plan goals. Allow residents and employers discretion to choose the Transportation Demand Management (TDM) methods they wish to employ. TP5.4 Encourage employers to institute complementing Transportation System Management (TSM) actions to those undertaken by the City. TP5.5 Support the achievement of City and regional mode split goals through assisting all Commute Trip Reduction (CTR) affected and voluntary employers in the Federal Way planning area to achieve the CTR Act travel reduction goals and target. TP5.6 Develop coordinated TDM strategies with regional representatives and other adjacent communities. Revised OZ3241a I11-13 FWCP - Chapter Three, Transportation TP5.7 Incentivize public/private programs that stimulate transit, car, and van pool use. TP5.8 Encourage the provision of a robust transportation alternative rich environment so that all members of the community, including those with transportation disadvantages, have viable travel options or alternatives. TP5.9 Prioritize development of HOV and transit priority lanes, and prioritizing transit and HOV movements at traffic signals. TP5.10 Continue to implement traffic signal coordination projects as the primary component of a TSM program. As funds permit, monitoring of traffic operations will be carried out to assure efficient timing of traffic signals. TP5.11 Public Works will maintain a mechanism for public comments and requests related to traffic monitoring and other areas for proposed transportation enhancements. TP5.12 Develop a regular data collection and monitoring program. Goal 6 TG6 Be an active partner by coordinating with a broad range of groups to help meet Federal Way's transportation goals. Policies TP6.1 Implement federal, state, and countywide planning policies. TP6.2 Coordinate transportation improvement programs with appropriate state, regional, and local agencies. TP6.3 Public Works shall coordinate with neighboring jurisdictions to develop a fair and consistent means of addressing the impacts of growth and development between jurisdictions without undue administrative'burdens. TP6.4 The City will continue to cooperate with regional and local transit providers to develop facilities that make transit a more attractive option. TP6.5 Work with the transit agencies, WSDOT, King County, and other partners, in applying for funding for HOV improvements that complement transit and non - transit HOV facilities and park & rides within Federal Way. Revised 02322M III-14 FWCP - Chapter Three, Transportation TP6.6 Coordinate with other agencies and stakeholders to pursue funding for pedestrian and bicycle amenities. TP6.7 Support regional transportation projects that are appropriately designed and will preserve the movement of people and goods on I-5 and state routes. TP6.8 Involve major generators of area freight and goods movement in discussions to identify their needs and priorities as part of improvement programming; including access to regional marine facilities. TP6.9 Coordinate with local business organizations, and provide feedback to local business organizations on international and regional transportation issues and on transport needs and opportunities related to all modes of transportation. This section provides a summary of the existing transportation conditions in Federal Way. These existing conditions provide a base to create the future transportation vision for the City. Street and Highway System Federal Way is served by a network of publicly maintained streets and highways connecting local communities and urban centers in the Puget Sound region, as shown in Map III-1 (Overview Map). There are two major freeways, which are Highways of Statewide Significance, in Federal Way: • Interstate 5 (I-5) is five lanes in each direction, with a posted speed limit of 60 mph. This freeway serves as the main north/south freeway for regional travel in western Washington. • State Route 18 (SR 18) is two lanes in each direction, with a posted speed limit of 60 mph. This freeway acts as an east/west alternative to I-90, connecting to I-90 east of Issaquah and serving the communities of Auburn, eastern Kent, Covington, and Maple Valley. Other primary roadways serve major activity centers within Federal Way, including commercial activities in the South 3201b Street corridor between Pacific Highway South (SR 99) and I-5 (the City Center), commercial developments along Pacific Highway South at South 348th Street and Enchanted Parkway South, and several smaller commercial centers located within various residential areas. The roadway system also serves concentrations of office uses located within the City Center, West Campus, and the former Weyerhaeuser Headquarters/East Campus area. The roadway system within Revised YU? 12445 III-15 FWCP - Chapter Three, Transportation the City connects to the surrounding regional transportation network, which provides access to other major activity centers including: Seattle, SeaTac Airport, Tacoma, the Port of Tacoma, Kent, and Auburn. Functional Classification of Streets Public streets are classified according to their functions related to mobility and land access. These functional classifications help facilitate planning for access and circulation, standardization of road designs, and provision of a hierarchy for roadway funding. The types of functional classifications established within Federal Way include (also see Map 111--3 [Functional Classification of Existing and Planned Streets and Highways] and Table 111-1 [Characteristics of Functional Classification of Streets]): • Freeway: A multi -lane, high speed, high capacity roadway intended exclusively for motorized traffic with all access controlled by interchanges and road crossings separated by bridges. • Principal Arterial: A roadway connecting major community centers and facilities, often constructed with partial limitations on access and minimum direct access to abutting land uses. • Minor Arterial: A roadway connecting centers and facilities within the community and serving some through traffic while providing greater access to abutting properties. • Collector: A roadway connecting two or more neighborhoods or commercial areas, while also providing a high degree of property access within a localized area. Collectors have been separated into principal and minor designations according to the degree of travel between areas and the expected traffic volumes. • Local Street: All other roadways not otherwise classified, providing direct access to abutting land uses and serving as feeders to facilities with higher functional classifications. • Designation of roadway functional classification is an integral part of managing street use and land development. The classification of streets is necessary for receipt of state and federal highway funds. It is important to coordinate roadway classification with anticipated land use change and to apply a consistent approach to the designation of facilities. This ensures that roadways are sized correctly and provide the appropriate level of pedestrian and bicycle accommodation to support the surrounding land use. This also helps reduce the likelihood of long-term capacity problems. Source: Cify of Federal Way Revised 023,_ ! III-16 FWCP - Chapter Three, Transportation Map III - 3 Cay � ��" Federal way Functional Classification of Existing Comprehensive Plan and Planned Streets and Highways Pkgw Sound pkwr TUA r Tacoma = a k� F== gend City Limits (� Potential Annexation Area Streets and Highways Interstate kl " Principal Arterial 1w Minor Arterial �' r N Principal Collector I� ~ Minor Collector Des Moines (, 0 Kent � r f L/ ¢, J� Milton Edgewood Transportation Element C IrY OF Fede ra I Way BCD_ This map is intended for use as a graphical representation. Q a.s The City of Federal Way makes :'�1r-flow �w+u7�rncotaee^.m.w'r>dcr_a,etcd�, rsa ==Siiiiiia Mites rbo scarranty as to its accuracy Revised Q23294-5 III-17 FWCP - Chapter Three, Transportation Table III-] Characteristics of Functional Classification of Streets Interstate/Freeways' 4+ (varies) Varies 60m h 30,000+ Principal ArteriaJ2 2 to 7 68' to 124' 35-50m h 5 000+ Minor Arterial3 2 to 5 68' to 106' 30-4Dm h 5,000-35,000 Principal Collector" 12 to 5 1 68' to 100' 25-35m h 5,000-25.000 Minor Collectors 2 to 3 60' to 80' 25-35m h 1 000-5,000 Local Streetb 2 36' to 66' 25-35m h u to 1,000 1. Limited access, state jurisdiction. 2. Connects subregional activity centers and communities. 3. Provides major movement capacity; collecting neighborhood and business traffic to higher level arterials. 4. Connections between neighborhood or commercial areas. Design consideration for trucks. 5. Channels local traffic to principal collectors or arterials. Design for buses per METRO standards. 6. Primary function is access to abutting land use. Through traffic can be discouraged by use of traffic control devices. 7. The exact cross -sections and standards for a particular street within the community will be established through the City's development standards. Map 111-4 (Cross -Section Application by Street) illustrates which cross-section would be used for each arterial and collector within the community. Since the City does not plan local street networks, the applicable street cross-section for local streets will be established through the City's development review process, which is ongoing. Access Management Classification Access management is the regulation of intersection and driveway spacing along a corridor and is intended to enhance safety and preserve capacity of roadways. Roadway crash rates are related to the spacing of turning conflicts. By reducing the number of driveways and turning movements through shared access to multiple parcels, and restricting turning movements in congested areas, the safety and efficiency of the City's streets can be maintained. This improvement also reduces the number of conflict zones for all vehicles, pedestrians, and bicycles. Access is one of the major factors influencing functional classification. Generally, higher classifications (interstates or freeways) serve a limited access function, while lower classifications (local roads, cul-de-sac streets) serve a local access function. The State of Washington approved legislation requiring that access onto state facilities be granted by permit and that such access conform to an access management classification system (Revised Code of Washington [RCW] 47.50). WSDOT put into place two administrative codes. The first identifies the administrative process (including permit fees for issuing access permits on state facilities), and the second defines the access classification system (Washington Administrative Code [WAC] 468.51 and 468.52, respectively). A summary of the access classifications from WAC 468.52 is provided in Table 111-2 (Washington State Access Classification System Chapter 468.52 WAC). The criteria used to define the classification system included functional classification, adjacent land use (existing and proposed), speeds, setting (urban or rural), and traffic volumes. Revised 1023204-5 III-18 FWCP - Chapter Three, Transportation C Map III - 4 City ofMap Date Pecembe 2DZ Cityof GIs D " W9y Federal Wa 33325 Bth AWS Y Federal Way. WA 98003 Comprehensive Plan Cross Section Application by Street=225x3-835"7 DO alway com I 2nd_9e a. Puget Sound R � 1 - - 5-U4u I Federal way fJ PA-1 3�k sY.. t - lr� _ N n Q ? K .. ' crfe ;+f r PA A r ; i _ f> Legend A "vG L R. B AWH M ^.S C ^ I '%. O T 'b D v J P II E r K Q- — I , i{ �1- i CITV OF Federal Way Centered on Opportunity R IstacayclPMP,ojecalComplanUpdms'.Cmss^aewon. apm Style: k p 0.5 1 Siiii-Qryiiies Transportation Element This map is intended for use as a graphical representation. The City of Federal Way makes no warranty as to its accuracy Revised 0232@4-3 III-19 FWCP - Chapter Three, Transportation The authority to permit access to state facilities lies with the state in unincorporated areas and with the cities in incorporated areas. All state routes within the City are classified, with the exception of SR 18 and I-5, which are limited access facilities and not subject to the access classification system. Table I11-2 Washington State Access Classification System Chapter 468.52 WAC (7-14-94) ., <. n., High speed/volume, long trips serving: Restrictive, 1320 feet. interstate interregional, intercity travel. Service 50 to 55 where multi - 1.0 mi One per to abutting land subordinate to service of major lane is parcel traffic movements. warranted. Medium to high speeds/volumes, medium to Urban: 35 Restrictive, 660 feet. 2 long trips serving: interregional, intercity, intra- to 50 where multi- 0.5 mi One per city travel. Service to abutting land subordinate Rural: 45 lane is parcel. to service of traffic movement. to 55 warranted. Restrictive Moderate speeds/volumes, short trips serving: Urban: 30 where multi- Rural: 0.5 mi intercity, intra-city, intercommunity travel. to 40 lane is Urban: 0.5 mi/ 3 Balance between land access and mobility. Used warranted. Two- less with signal 350 feet where land use is less than maximum build out, Rural: 45 to 55 way left -turn progression but development potential is high. lane may be analysis. utilized. Moderate speeds/volumes, short trips serving: Rural: 0.5 mi intercity, intra-city, intercommunity travel. Urban: 30 Restrictive if Urban: 0.5 mi/ 4 Balance between land access and mobility. Used to 35 average daily less with signal 250 feet where level of development is more intensive Rural: 35 traffic volumes and major land use changes less likely than to 45 exceed 25,000. progression class 3. analysis. Low to moderate speeds, moderate to high 0.25 mi/less 5 volumes, primarily short trips in intra-city and 25-35 Non-restrictive with signal 125 feet intra-community travel. Service of land access progression dominant function. I analysis. Note: This table is for summary purposes only and is not included in the WAC. Source: WSDOT 'See text of the WAC for exceptions. Table III-3 (City of Federal Way Access Management Standards) illustrates the City's adopted access classification system. The primary purpose of access management is to improve safety; therefore, higher access classifications are triggered either by crash rates or lane configurations that are less safe at higher volumes. Similarly, access spacing standards are the most restrictive for turning movements with the highest potential for crashes. Map III-5 (WSDOT Access Management Classification on State Highways) indicates WSDOT's access classification on state highways in Federal Way. Map III-6 (City of Federal Way Access Management Classifications) indicates the access classifications within the City. These access standards would be implemented as part of review of land development, as an element of street improvement projects, and to ameliorate locations with high crash rates as apart of traffic safety maintenance. Revised 023-204-5 III-20 FWCP - Chapter Three, Transportation s Map III - 5 Wp��T' City of = d* '�tl WSDOT Access Management �rmA-6 Federal way �.,� #, Comprehensive Plan Classification on State Highways••�W Legend Kent ides 0 City Limits N Class 4 Moines = Potential Annexation Area OW Limited Access `' "' -` A Ww Somd 4..20ft 61 —I i3 Federal Way 3040 ht+IItF4 �r-a�srn - -- _I�_ _sate at IF11 'ji Au ',k24h it 9; MY SW Tacoma 9 > aw ;ssIn 8t PAA II' N Milton Fife © Edgewood Transportation Element ` uTY Or Federal Way ask_ This map is ntendedfor use as a graphical re+presenratil a 0-5 i The City Of Federal Way makes i.V—vW�Rtl(I L p�IriT � �ufYBor.W�aKi'SLY1'10.�Y�11_um Maes no wasranty as to d s accuracy_ Revised 0232-91-3 III-21 FWCP - Chapter Three, Transportation Fede I way Comprehensive Plan Map III - 6 City of Federal Way Access Management Classifications w.0M. Apt 20h Cob a Fa.. r Mb Des L' Kent Moores hL Pugw Sotmd- r 0 a �'c d Federal Wa � Faoear b 1 w1w �4 Sol` : Au wy a .qLV Tacoma µ VAY - Legend ` = City Limits 0 Potential Annexation Area a` q /V Class 1 r, Class 2 N Class 3 Milton - 4: Class 4 Fife 0Edgewood Transportation Element CITY OF Federal Way gam i K This reap is intended for us,e ' s a Fa ical resentabon- aP� 9 a os The City of Federal Way mantes r.+ ue4 w+a+.�T Wwcr�w w:an� r��a Mies no wavranty as to Ots accuracy. Revised 0232G4-5 III-22 FWCP - Chapter Three, Transportation Table III-3 City of Federal Way Access Management Standards umber Spacing of Roadway Elements Left- Right- Minimum Signal Access of Crossing Turn Right- Turn Progression Classifi• edi1111trough raffic ?Movements Left -Turn In Turn Out Efficiency" 't YpLane - (feet). Out {feet) feet _ feet)_ _In Only • nly at signalized signalized intersections. intersections. 0 I Lane Lane *Does not apply to Single -Family Residential uses. **Greater spacing may be required in order to minimize conflicts with queued traffic. ***If the existing efficiency is less than the standard, new traffic signals may not reduce the existing efficiency. a) Raised Medians will be required if any of the following conditions are met: 1) There are more than two through traffic lanes in each direction on the street being accessed. 2) The street being accessed has a crash rate over 10 crashes per million vehicle miles, and currently has a two-way left-tum lane. b) Two-way left -turn lanes will be required if the street being accessed has a crash rate over 10 crashes per million vehicle miles, and currently does not have a left -turn lane. Street Standards As the transportation system evolves, periodic review and changes to the Federal Way Revised Code (FWRC), subdivision code, and street standards are necessary. Street standards within City code convey the vision of the comprehensive plan in greater detail. Similar to the classification map, they guide the development process activities. For example, components of the subdivision code can require certain types of street standards (e.g. widths, parking, etc.) to support designated transit compatible development. Street design standards show preferred cross sections for each arterial and street segment. Traffic Signal Locations Map III-7 (Existing and Planned Traffic Signals) shows the locations of signalized intersections in Federal Way. Currently, signals are maintained and operated by the City under a contract with King County. The ability to coordinate signals and update signal timing plans throughout Federal Way is important to achieve the maximum operating efficiency (move the greatest number of people, freight, and goods) of roadways. Currently, traffic signal timing plans can be adjusted from the traffic control center for most intersections in the City. Traffic Volumes Map 111-8 (2014 Traffic Volumes) shows the average weekday traffic volumes on selected arterials. Major arterials such as SR 99, SR161, 34811' Street, 320ei Street, and access points to I-5 carry the most vehicles in the City. Federal Way's busiest arterial, SR 18 between 161 Avenue and the northbound on -ramp of I-5, carries more than 68,000 Revised 023?83 5 III-23 FWCP - Chapter Three, Transportation VROA.Ap!208 city 0( Isla p III - 7 w� w" Federal Way F Vft V Comprehensive Plan Exisltng and Planned Traffic Signals ��`°` r of soild Federal Way>s, Des Kent Moines � -' Ulf' Tacoma Le end ¢ {ass o City Limits 0 Pabantial Annexation Area Traffic Signals • Existing Traffic Signal aF • Fire Signal ■ Planned Traffic Signal N ■ 6risting Pedestrian Signal Communication Lines A/ Proposed Communication Lines !` Ar Existing Commurication Lines _ Federal Way d o-S 1 t�cu uperr .c,=mT wcrrs�e a0.=,.a-r en- rya i hies r6 Fkdarnr ;ti w% PAA 0 • Fadm, ww PA►L Ll • Milton • Edgewood Uwe Transportation Element This map is intended for use as a graphical representation. The City of Federal Way makes no marranty as to R5 accuracy. Revised 023�I � III-24 FWCP - Chapter Three, Transportation City of Federal Way Comprehensive Plan Map III - 8 2014 Traffic Volumes 7 pw� J p ff Sm� JbJ My er Legend 0 City Limits O Potential Annexation Area Weekday ADT Voluines� 1,000 - 5,000 a s N 5,001 - 15,000 n`¢ 15,001 - 25,000 25,001 - 35,000 /V 35,001-45,D00 ``AV More than 45,000 YW fir.,PyE 2OkS cB a� SMA-e FVOKOAam= 2tsalS-� 32 WAY 1' S Fedc�! PA A rd r/ �r T/anspoltadon ElemeRi niv or Federal Way This map is intended for use as a graphical representation. n 0.5 7 The City of Federal Way makes J.1 QU G{ liyddSlTr mW��7f_7rVh+kA rr.d%iiniFni Wes no Mlarranty as to its accuracy Revised -241 III-25 FWCP - Chapter Three, Transportation vehicles per day. In addition, several segments on SR 99 and the segment between SR 99 and I-5 on South 320' Street, carry between 35,000 and 45,000 vehicles per day. According to the Federal Highway Administration (FHWA), annual vehicle miles travelled (VMT) peaked in year 2007 with a total of over 3 trillion vehicle miles traveled nationwide. Since then, annual vehicle miles travelled has exhibited a downward trend. This downward trend is the result of a number of factors including the "Millennial" generation seemingly be less inclined to drive or own automobiles, higher costs of automobile ownership, healthier lifestyle choices, mixed -use and compact development, and more. Also, the number of people who choose alternative transport modes such as transit, walking, or bicycling over driving is increasing. These trends, if continued, will have an impact on the development of future projections for the way people could choose to travel necessary to plan for the future. High -Occupancy Vehicle Facilities High Occupancy Vehicle (HOV) facilities are typically roadway lanes dedicated to vehicles with two or more people per vehicle and include motorcycles. HOV facilities are viewed at the regional, state, and federal levels as essential to meet public travel demand needs because they are capable of moving more people than general purpose travel lanes. Also, HOV facilities provide vital accessibility to developing urban centers in the Puget Sound Region. HOV lanes are provided on I-5 within Federal Way. Locally, the objective of providing HOV lanes in Federal Way is to improve traffic safety and circulation, and support the use of transit, carpools, and right -turn movements. HOV lanes are provided on 348' Street, SR 99, and on 320' Street. South 32011, Street Looking East Revised IQD2 4-5 III-26 FWCP - Chapter Three, Transportation Existing Street Deficiencies Congested intersections result in people experiencing an increased delay to travel through the intersection. They are typically larger intersections with high vehicle demand and have longer crossing times for pedestrians. Congested intersections in Federal Way are located predominately in the City Center area and along SR 99. East/west routes that experience high levels of vehicle demand include South 3201 Street and Campus Drive/ South 3481h Street. To determine where intersection deficiencies exist today, the existing traffic volumes and roadway network is compared to the level of service policy (TP 1.2), which defines the volume -to -capacity ratios at signalized and unsignalized intersections in the City. Map III-9 (2014 Weekday PMPeak Congested Streets and Intersection) illustrates the results of this analysis. Traffic Safety When considering transportation improvements, enhancements to traffic safety must be considered. Collision information for the past five years is reviewed for intersections and street segments to determine areas that could benefit from safety enhancements. Some collisions in Federal Way are related to congestion; congested roadways can increase user frustration and result in riskier maneuvers. Common risky maneuvers include running a red light at a traffic signal, darting across a busy roadway, rapid lane changes, and speeding. Many collisions in neighborhoods are related to speeding, but also to poor sight distance at unsignalized intersections. The development of the Future Transportation Vision and Near -Term and Long -Term Projects considers areas with safety issues. Non -Motorized The City developed a stand-alone Bicycle and Pedestrian Master Plan, adopted in March 2012, which establishes a vision for a connected network of bicycle and pedestrian facilities throughout Federal Way. The Plan sets an important foundation to continue the City's success in securing transportation project and program funding. It also establishes an overview of the current status of walking and biking facilities, including barriers and opportunities, and gauges citizen opinion about walking and biking preferences. The City's overall goal is to set the stage for the City's long-term vision of a safe, accessible, and connected bicycle and pedestrian network. The bicycling and walking goals will guide the City as it moves forward with plan implementation and include: Revised 10232204-9- III-27 FWCP - Chapter Three, Transportation Map III - 9 Mw Dft AP4 200 city of = Dhfti- 2014 Weekday PM Peak 23= fth A- 9 Federal F ft. Comprehensive Plan Congested Streets and Intersections D - es Kent Moines FWi;f Sound /--'WFederal ay PAA WAY LEWY 3z"kst + t+ Fads'AuL a NJ A Tacoma �4" ww P&A X Legend = City Limits C=1 Potential Annexation Area F Congested Streets Milton Lang Queues I Congested Corridor E u) r -rre dgewood CITY OF Federal Way . . . . . . . . . . . . . . . . Transportation ElemeN This map is intended far use as a graphical representabcn. The City of Federal Way makes no vieffranty as to its aocuracy. I Revised 1`212415 111-28 FWCP - Chapter Three, Transportation • Bicycle and Pedestrian Network and Support Facilities • Safety, Security, and Equity • Transportation and Land Use • Education and Awareness • Maintenance and Operations The Plan is consistent with state policies such as GMA and the Safe Routes to School program. Additionally, the development of the Plan is crucial for the City to position itself favorably in the competitive transportation funding program. In the process of developing the Plan, the City coordinated with two regional agencies—PSRC and King County. The existing built environment of Federal Way is characterized by conventional suburban style development featuring curvilinear streets, cul-de-sacs, and limited through -street connections. This lack of connectivity poses a challenge in developing a safe and convenient network of bicycling and pedestrian facilities. Bicycle Conditions Currently, there are approximately 27 miles of bicycle facilities in Federal Way (summarized in Map III-] 0 [Existing Bicycle Facilities]), which are all either paved trails, bike lanes, or wide shoulders. These facilities consist of the shared -use Bonneville Power Administration (BPA) Trail, bike lanes, and wide shoulders. A challenge in the City is that many potential cyclists do not feel comfortable riding on or crossing high - volume, high-speed roadways, such as SR 99. Bonneville Power Administration (BPA) Trail Midblock Pedestrian Crossing on SW 356}^ Street Revised 023204; III-29 City of Federal Way Comprehensive Plan Des (Gent b; ,s rs!� Federal Way Fadamf r a VYay Q31 =l PAA n °Vw :emse. SLV171'�t-S1 4 C S�tJ� 1 Tacoma �' _ s: {. { - �` Fadmi IMPY PAA h •_, o City Lirnils , • � �N ! Potential Annexation Area `•4 f • � Fr, Existing Bicycle Facility /V Paved Trail ilton N Bike Lame 1 Wide Shoulder * Edgewood UTr Of Federal Way ?-ac a 115 P.bvep�QVl4 lf�shbliflR+e��4i�a FemI Transportation Element This snap is intended far use as a graphical representation. The City of Federal Way makes na warranty as to its accuracy. FWCP - Chapter Three, Transportation Pedestrian Conditions Most of the City's 247 miles of pedestrian facilities are sidewalks. Other facilities include the Bonneville Power Administration (BPA) Trail and recreational trails through park facilities as illustrated in Map III- I1 (Existing Pedestrian Facilities). While most of the arterial roadways have sidewalk facilities, some residential and minor roadways may not have facilities. Federal Way's pedestrian network provides a greater level of connectivity to retail centers than the current bicycle network, although many residents do not find walking to retail centers a pleasant experience due to the high volume and high speeds of traffic on arterial corridors. Also, the State of Washington permits the use of sidewalks by bicyclists unless prohibited in the City. Currently, Federal Way has restrictions for bicycles on sidewalks in the City Center area. Public Input and Preferences Public input was considered in the development of the proposed bicycle and pedestrian facility networks and also informed the development of goals and objectives. The following results were collected: • When trips are less than one mile, residents are more likely to walk. • People are more apt to bike than walk if a trip is between one and five miles. • Most residents will drive once trips exceed one mile. • People who walk in general do so more frequently than those who bike. • Most people walk or bike for exercise, followed by shopping or errands for walkers and work commute for cyclists. • The lack of facilities and/or their condition are the primary detractors for people walking and biking more. Transit Public transit service is provided to area residents by a combination of fixed -route, express, dial -a -ride, and subscription bus services. King County METRO serves the City directly, while Pierce Transit buses provide connections from the Park & Ride lot on I-5 at South 320' and Federal Way Transit Center to Tacoma and Puyallup. Sound Transit serves the Federal Way and Star Lake Park & Ride lots with regional express buses between SeaTac and Tacoma, and between Federal Way and Puyallup, and a feeder route from Northeast Tacoma. Amenities supporting transit patronage include Park & Ride lots and waiting -area shelters. The Federal Way School District and King County's Multi - Service Center also provide special, local area bus services. Revised 102324�5 III-31 FWCP - Chapter Three, Transportation City of Map III - 11 Federal Way Comprehensive Plan Existing Pedestrian Facilities U Nip Oe. APE b119 OydF. Ww = Mkd.Fa N.ft.w>� VASUM Transportation Elemera ury or Federal Way This map is intended for use smk: as a ra ical representation. 9 � n o-s 1 The City of Federal Way makes m wca i W r«aM5immimi hides no warranty as to itr accuracy. Revised 1023204� III-32 FWCP - Chapter Three, Transportation Federal Way Transit Center Locally and nationally, public transit services, ranging from local buses to regional rail, are witnessing increased attention. Despite declining transit ridership in the late 1980s and early 90s, these services are being viewed at the regional, state, and federal levels as essential to meet public travel needs. Many people with low incomes or special mobility needs depend on transit. The City of Federal Way supports the provision of viable transit services as a component in a multimodal transportation system. Coupled with carpooling and van pooling, improved transit service is viewed by the City as essential to providing area residents with mobility options in the fixture. Unlike road services however, the City is constrained by state law and federal regulations in its ability to provide these alternatives. The City's involvement with the provision of transit services is indirect through such efforts as supportive land use planning (to generate sufficient transit patronage) and roadway design features (to accommodate transit and other high occupancy vehicles). The City's planning process has focused on development of a transit -supportive environment, including improved pedestrian and bicycle access to transit. Public Works projects anticipate enhanced regular route, local bus service, and the future implementation of a regional light rail system. Expansion of regional transit and HOV systems is critical to the achievement of Vision 2040, which guides the regional Metropolitan Transportation Plan. Federal Way's vision, which includes a City Center with surrounding commercial and residential land uses, is enhanced by both an improved regional bus system and a rail system. Local circulation routes will also be essential. The Federal Way plan has been structured with primary emphasis on locations that can become transit centers. In the interim, transit centers will be focused at Park & Ride lots. Revised 202.3234�6- III-33 FWCP - Chapter Three, Transportation In Federal Way there are 24 regular and express service routes that provide nearly 250 bus trips to, within, and through Federal Way each day. In total, about 3,000 to 3,500 person trips are made by regular, express, and Dial -A -Ride service each day. About one percent of all daily (and three percent of peak hour) Federal Way trips are made by transit, which is comparable to other suburban areas. The majority of service is provided to Park & Ride facilities where more than half of Federal Way's transit riders access transit. Routes into the neighborhoods of the City are oriented to the higher density areas where there is lower auto ownership and greater reliance on transit. Under a demonstration project, METRO instituted Dial -A -Ride Transit (DART) service to portions of the City in 1992. Today, DART service follows a semi -fixed routing with service provided to patrons who do not live or work on fixed routes. Local Transit Service Development Most transit service to and from Federal Way is oriented toward downtown Seattle. Historic, radial expansion of the system from the downtown is one reason for this. More significant is that density, congestion, and parking costs have kept transit competitive in the downtown Seattle market. While transit routes exist within Federal Way neighborhoods, the existing street layout, with its many cul-de-sacs and dead-end streets, is not always conducive to transit use. Buses cannot run along every residential street. They usually operate on collector and arterial streets; thus, residents often have to walk several blocks to reach a route. Research has shown that when potential patrons have to walk over three miles, many will not use transit. Because of the distance between residences and bus stops, and frequent express -type service to Park & Ride lots, many transit users travel to the three Federal Way lots near I-5. However, these lots are nearly always at capacity. Efforts to expand their capacity by both METRO and WSDOT have been hampered by the relatively high cost of land to provide for expansion. WSDOT constructed a new 600-space Park & Ride lot at 21st SW at SW 344t'~ Street, and METRO constructed another Park & Ride lot at Pacific Highway South and South 276th Street. Sound Transit constructing a City Center Transit Center with a 1,200 stall parking structure, connecting to an HOV direct access ramp to I-5 via South 317th Street. In considering future land use and transportation alternatives for the City, a balance must be sought between creating transit compatible land uses and providing system access from Park & Ride facilities and stations. Revised D24i 5 III-34 FWCP - Chapter Three, Transportation Regional Transit System In November 1996, voters within areas of King, Pierce, and Snohomish Counties approved funding for a Regional Transit System, including light rail, commuter rail, and regional express bus services. Vision 2040 and the Metropolitan Transportation Plan "Destination 2030," adopted by the Puget Sound Regional Council (PSRC), and the Countywide Planning Policies for King County call for a high capacity transit (HCT) system linking urban centers and supported by other travel modes. HCT is defined as various types of transit systems operating on an enhanced facility (such as fixed guideway, dedicated right-of-way, priority lane, or freeway/express facility) that is designed to carry a large number of riders at higher speeds than conventional transit. HCT may include a mix of commuter rail, light rail, express bus services and facilities, and/or other high capacity transit technologies, plus other associated transit improvements that tie local/regional transit services to each other and to other travel centers. Today, King County Metro's RapidRide A -line provides frequent bus service between Tukwila International Boulevard Station and the Federal Way Transit Center generally along International Boulevard and Pacific Highway (SR 99). The City worked closely with METRO on the development of supportive capital infrastructure, such as transit lanes, transit signal priority, and stations. - Federal Way is also coordinating with Sound Transit in the development of HCT alternatives to extend the regional light rail system south from the City of SeaTac to Federal Way and eventually Tacoma. The Federal Way Link Extension project will extend light rail from an Angle Lake Station at South 200' Street in SeaTac to Kent/Des Moines by 2023. The planning and environmental process will develop a shovel -ready plan for extending light rail to the Federal Way Transit Center as additional funding is secured. Implementing the regional transit system will require an array of City efforts in the coming decades. Priorities include City participation in detailed system design, preservation of right-of-way, and station area planning, along with other needs to be identified as the system progresses. Dial -A -Ride Transit (DART) As noted above, this service was introduced by METRO in 1992. Dial -A -Ride service is demand activated by the users. Users originally phoned in and van service was provided within two hours. Unlike regular route service, only the area being served was defined, not the routes. The service has since been modified to operate with semi -fixed routes, which due in part to greater schedule reliability, has Dial -A -Ride Transit (DART) dramatically increased ridership. Should ridership continue to improve, regular fixed route service may soon be attainable. Revised ' 0232A45 III-35 FWCP - Chapter Three, Transportation Paratransit Service In addition to the service program for general-purpose travel, METRO has embarked on a significant program to improve services for persons who cannot use regular route bus service. This program has been developed to meet the requirements of the Americans with Disabilities Act (ADA) of 1990. It provides high quality public transportation service to eligible customers. People with limited resources who are either 65 or older or who have disabilities may qualify for Paratransit. Called ACCESS Transportation, Paratransit service currently provides door-to-door transportation Monday through Friday. Monthly and annual pass stickers are available as well. Key elements to METRO's Paratransit Plan are the provision of: • Supplemental service in Western King County within % of a mile on either side of regular route service; • Next -day reservations up to 14 days in advance, with trips scheduled seven days a week; • Fares held to the same level as one -zone regular bus fares; and • Scheduled service to be the same as the near -by, regular routes. Freight and Goods Decisions that impact the street and highway system can impact the movement of freight and goods. This can affect the economic competitiveness of local and regional businesses. Today, Federal Way depends on trucks and motorized vehicles for deliveries. The City's development standards help assure the provision of adequate on -site facilities for freight delivery such as loading docks; loading zones; the width, frequency, and location of driveways; the turning radius at intersections for curbs; and pavement standards to carry heavy vehicles such as trucks and buses. Other City actions include the restriction of over -sized vehicles on roads and bridges that cannot support heavy vehicle weights or size, and the designation of truck routes. Many of these actions are echoed by regional and state activities. Local Level Needs and Opportunities Federal Way displays a unique set of circumstances for freight and goods movement. While extensive truck and rail oriented development has not taken place in Federal Way, freight and goods movement, primarily by trucks passing through the City, impacts roadway operations. Situated between the major urban centers of Tacoma and Seattle, the Federal Way planning area has four primary arterials carrying freight traffic including: Revised 20232415 III-36 FWCP - Chapter Three, Transportation • Military Road, the original arterial through the city, is designed to accommodate heavier freight and goods vehicles. This road no longer carries large numbers of pass -through truck traffic, but provides local access for truck deliveries to established neighborhoods. • Highway 99 was used as a primary truck route through the area until the interstate system was developed in the 1960s and 70s. Today, SR 99 provides a distribution function, mostly for delivery purposes, but also affording access to regional facilities such as the US Postal facility just west of Pacific Highway near South 336' Street. SR 99 also provides truck freight an alternate route to I-5. • Today, the major roadways for freight and goods movement into and through the area are provided by I-5 and SR 18. As the regional economy has grown, the volume of truck traffic along these highways has increased. Today, the highest concentration of regional truck traffic passes through Federal Way's section of the I-5 corridor. Within the City, continued growth of local truck traffic is anticipated. Densification of the urban core, along SR 99 and South 320', as well as the South 348' corridor, will lead to increased truck trips. • Street design standards and road classifications adopted under this plan will assure that new and rehabilitated facilities are built to appropriate standards. These efforts are coordinated with the City of Federal Way Truck Route Plan as illustrated in Map 111--12 (City of Federal Way TruckRoute Plan), which depicts existing and proposed truck routes. Transportation System Management (TSM) Transportation Systems Management (TSM) focuses on maximizing use of the existing systems travel capacity. The concept was first originated in the mid- 1970s by the U.S. Department of Transportation. Since that time, it has been applied by a host of different ways in cities and metropolitan areas around the country. More recently, the 1991 Federal Transportation Act (ISTEA) expanded the vision of TSM, introducing the term Congestion Management Systems. The focus of TSM is to identify ways to manage the transportation system (usually streets and highways, from a local agency perspective) to maximize the carrying capacity of existing facilities. TSM activities can include new construction, but they typically modify an existing facility. These activities can be grouped into the following categories: • Geometric Improvements • Access Management • Signalization Improvements • Capacity Enhancements Revised to23?8I3 III-37 FWCP - Chapter Three, Transportation city Ww Ow APO 200 Cft co Fd" W�ft Of Map III - 12 MA- S Federal A* F-fi..i V�ft VA "V5 Comprehensive Plan Through Truck Route Planme Des Kent Moin ftor Sburd Federa I Li Way WAY S-� T]Uith st Pk' SW 4 in _4 Tacoma ar WW R&A Legend = City Limits = Potential Annexation Area Truck Routes OV Proposed Routesllililton Existing Routes -,)Woo gewd 0 Fffe 6 Transportation Element city or This map is intended for use Federal Way as a graphical representation. IS 1 The City of Federal Way makes %999iiia Mies no warranty as ID its accuracy. I Revised t023---445 111-38 FWCP - Chapter Three, Transportation Not all TSM strategies are appropriate for a city to undertake. The more popular and successful ones are listed in Table III-4 (TSM Strategies Applicable to Federal Way). Table III-4 TSM Strategies Applicable to Federal Way Geometric Improvements -Channelization ✓ -Bus Turnouts ✓ -Exclusive Turn Lanes ✓ -Intersection Widenin ✓ Signalization Improvements -New Signals ✓ -Signal Removal ✓ -Coordination ✓ -Timing/Phasing Optimization ✓ -Monitorin ✓ Access Management -Turn Prohibitions ✓ -Restrictive Mediums ✓ -Driveway Consolidations/Removal ✓ -Signing✓ Capacity Enhancements -Arterial Frontage Roads ✓ -Railroad Over -Crossings ✓ -Intersection Grade Separation ✓ Intelligent Transportation Systems Intelligent Transportation Systems is a combination of field devices and communication systems designed to help manage congestion, enhance safety, and inform travelers of multiple travel options. Examples of Intelligent Transportation Systems active in the Federal Way area include: • Closed Circuit Television (CCTV) Cameras • Changeable Message Signs (CMS) • Ramp Metering Systems (RMS) • Traffic Monitoring Station (TMS) • Highway Advisory Radio (HAR) & Extinguishable Message Signs (EMS) • Roadway weather Information Systems (RWIS) • Fiber Optic (FO) Systems • Advanced Traffic Controller (ATC) An Intelligent Traveler Systems Plan, similar to an Intelligent Transportation Systems plan, was developed for the State of Washington. Directed by WSDOT, it established a framework for implementation of a variety of projects. Appendix III-B (Transportation System Management Summaries), Table B-1 summarizes the main categories of Revised 10232813 III-39 FWCP - Chapter Three, Transportation Intelligent Traveler System applications, their relative applicability in Federal Way, and the degree of impact each might have on the City's vision and plan. Transportation Demand Management (TDM) Transportation Demand Management (TDM) refers to activities that help people use the transportation system more efficiently. The Puget Sound Regional Council's VISION 2040 requires the identification of transportation system management and demand management programs and strategies. Appendix III-B, Table B-2 summarizes the various transportation demand management alternatives by their functional grouping and potential effectiveness, implementation difficulties, and expected cost effectiveness. Fortunately, several of the more effective options are within the purview of the City. While many of these TDM strategies will need to be implemented and managed by the private sector, Federal Way can provide the infrastructure needed to support such strategies, such as transit and HOV lanes, and expanded bicycle and pedestrian networks. PSRC's Vision 2040 identified basic strategies that overlap with those presented in Appendix III-B. These strategies include: • Telecommuting Programs • Parking Management and Pricing" • Flexible Work • Shuttle Services • Ridesharing Programs • Traveler Information, Public Relations, and Marketing Commute Trip Reduction Federal Way is required by the state to provide a Commute Trip Reduction (CTR) plan. This plan applies to employers with more than 100 employees. It provides a framework for reducing the proportions of drive alone commute trips and vehicle miles traveled per employee by affected employers in the City's jurisdiction, major employment installations, and other areas designated by the City with local major employers to customize strategies and programs to most effectively reduce the number of drive -alone trips employees make. Federal Way currently has 11 worksites affected by the CTR law. Figure III-] summarizes the existing mode split for these employers based on their reporting. Revised tR23320445 III-40 FWCP - Chapter Three, Transportation CTR AFFECTED WORKSITES MODE SPLIT r 79 j 13.7% 2.6% 2.5% 0.3% 0.3% 1.6% Figure III-1. Existing (2014) Mode Split for CTR Employers Revised FWCP - Chapter Three, Transportation Introduction to the Layered Network It can be a challenge for a single roadway to meet the demands and expectations of all modes at any given time. This is also generally not desirable from a user or a planning perspective. In response to this challenge, the City of Federal Way has adopted a layered network approach that focuses on how the City's transportation network can function as a system to meet the needs of all users. In such a system, individual travel modes are prioritized on different facilities throughout the overall network. Figure III-2 illustrates the concept of a layered network. The City will implement this layered network through a system of roadway cross -sections that define each street's user priorities and associated infrastructure needs, see Appendix III -A (Street Design Standards). The City also coordinates recommendations from the Bicycle and Pedestrian Master Plan with roadway projects. Future Travel Travel can be described in terms of the purpose of the trip and the trip beginning and end points. Federal Way exhibits a wide variety of travel purposes. Trips cover all modes of travel such as walking, bicycling, driving, and taking transit. 40 cis C f0S �afc°q Figure III.2. Layered Network Concept To help predict future travel, transportation professionals develop models that are typically city specific, but coordinated with the regional vision and model. The models were used to estimate existing and future traffic volumes within the Federal Way planning area. The model can also be used to estimate demands for various modes of travel, including auto, carpool, and transit. There is a fairly consistent relationship between the number of trips produced each day and the density of residential dwelling units. Depending on the density of the area and other factors, it is possible to forecast the total number of trips produced in an area. In a similar fashion, employment densities can be used to forecast person trips attracted to an Revised 0232GI-5 III-42 FWCP - Chapter Three, Transportation area. Each parcel of land generates traffic based on its type of use and intensity of development. The evening peak hour is a modeling standard, since it usually is when the highest demand occurs. The Growth Management Act (GMA) requires that the Transportation Chapter supports the land uses envisioned in the comprehensive plan. Thus, an important component of the work was forecasting how the future land uses envisioned in the City, as well as regional growth, would influence demand on Federal Way's transportation network. The following is a description of the travel demand modeling process: • The Modeling Tool: As a part of the update, Federal Way created a city -focused travel model adapted from the latest version of the Puget Sound Regional Council (PSRC) Trip -Based Travel Model. This model forecasted traffic volumes during the evening commute hour (highest volume hour between 4pm and 6pm) along many of Federal Way's key streets and intersections. This tool provides a reasonable foundation developing year 2019 and 2040 forecasts, as the underlying land use assumptions have been updated to match the land use forecasts for the current comprehensive plan. • Estimate Land Use Growth in the City: As a part of the comprehensive plan update, the City is planning for expected growth in housing units and employment over the next 25 years through 2040. Based on growth estimates from PSRC and review by City staff, Federal Way is preparing for almost 44,000 housing units, more than 106,000 people, and almost 50,000 workers (including the planning analysis area) by 2040. The City then allocates the growth throughout Federal Way based on adopted zoning, observed development patterns, and other City policies. • Capture Regional Growth Patterns: Other communities throughout the region are going through this very same process, based on direction from PSRC. Because travel does not stop at a jurisdiction's borders, it is important to capture how regional growth could influence travel patterns on Federal Way's streets. One of the primary advantages of basing the Federal Way model on the PSRC Trip -Based Travel Model is that all regional growth assumptions are naturally consistent with PSRC estimates. Translating Land Uses into Trips: The next step is evaluating how the City and regional growth assumptions described above translate into walking, biking, transit, and auto trips. The travel model represents the number of housing units and employees in spatial units called traffic analysis zones (TAZs). TAZs can be as small as a few street blocks to as large as an entire neighborhood. They provide a simplified means to represent trip making rather than modeling individual parcels. The travel model estimates trips generated from each traffic analysis zones (both inside and outside of the City) using established relationships between different land use types with trip making. These trips are then assigned onto the roadway network to estimate how much traffic would be on each street during the evening commute hour. Revised 10232045 III-43 FWCP - Chapter Three, Transportation • Model Refinements: The final step is refining the forecasts based on reality checks that the travel model may not capture. In this case, travel patterns were refined to reflect existing driver preferences, including recognizing the relative attractiveness of principal and minor arterials over minor collector and local residential streets with significant traffic calming features. Transportation Level of Service Transportation level of service (LOS) is a qualitative measure used to evaluate the quality of public infrastructure. Cities have historically measured transportation level of service based on the experience of drivers, in terms of vehicle speed, traffic density, or how long vehicles wait at an intersection. As shown in the Figure III-3 from Planning Urban Roadway Systems (Institute of Transportation Engineers, 2011), transportation level of service does not have to be limited to the experience of just vehicles. This Transportation Chapter considers the transportation level (quality) of service for walking, biking, and taking transit in Federal Way. Refer to Appendix III-C (Concurrency Management System) for additional information. Figure III-3 Example Modal Level of Services Automobile Transit Level of Service Q Quality of Service +More frequent service, stops, and amenities. +No delay at intersections. +Attracts riders who choose transit over other modes. UprOtiv- -- . _ red light service +$asiestopsand amenities Longer delays at Intersections. Limited or no service. 1*-Fewer stops and amenities Project Prioritization ®Bicycle Quality of Service +Complete system for all types *of users. +Goad condition, few stops, and conflicts with autos yclists of various skill levels are able to bike comlor ably to key destinations 4- More gaps in system More stops and auto conflicts Poor pavement Pedestrian Quality of Service +Complete system +Easier to cross +Improved Comfort C/� An adequately complete network of decent sidewalla� Gaps in system. Poor pavement Less inviting. Project Prioritization is part of the process associated with implementing projects in the order most needed. Because the total estimated cost of all identified network improvements is substantial, it is unrealistic to expect that all of the improvements will be implemented in the near term. Therefore, it is important to establish a strategy for moving Revised 0232-445 III-44 FWCP - Chapter Three, Transportation forward. The project prioritization process is a tactical effort to determine the sequence of events to meet strategic goals, as summarized in the Transportation Improvement Program (TIP). To assist City staff, elected officials, and citizens in making potentially difficult near -term decisions, this plan uses a modal focus to evaluate project prioritization and then links each project back to Federal Way's transportation goals. The process for prioritization is described below. Project Prioritization Step One: Layered Network All projects are considered as part of the layered network and ranked. This reduces double - counting for level of service improvements and for meeting concurrency, and ensures that the appropriate project modal elements are being considered. The equally -weighted project prioritization measures used to prioritize projects are summarized as follows: • Concurrency Requirement: The project is needed to maintain the proposed multimodal level of service and/or concurrency. Projects that provide improvements for more than one mode would receive higher scores. This includes projects along walking, bicycling, and transit priority areas, and improving roadway conditions. • Level of Service Improvement: The project reduces vehicle delay or enhances the quality of the facility (modal specific) based on the adopted level of service standards. Projects that provide the improvements described in the street standard guidelines would receive higher scores. • Safety: The project enhances a safety concern. Projects that enhance safety would receive higher scores. • Severity: The project enhances a safety concern with a history of severe collisions. Locations with severe or increased severity collisions would receive higher scores. • System Efficiency: The project includes transportation system management elements, including those described in the Intelligent Transportation Systems (ITS) plan. Projects that improve the travel of non -drive -alone trips, including transit, would receive higher scores. • Ease oflmplementation: The project is evaluated using engineering judgment to consider the likely scope elements of the project, such as right-of-way acquisition, overall project cost, and sensitive areas impacts. Projects that are easier to implement or have multi jurisdictional support would receive higher scores. • Community Support: The project has been identified as having community support. Projects that exhibit positive community support would achieve higher scores. • Freight: The project would have an impact on an identified freight route. Projects that enhance freight travel would receive higher scores. Step Two: Achieving Goals After each ranked project list is created, projects are evaluated by their relationship to the six overarching transportation goals based on a weighting completed by City staff. Projects that meet more goals would achieve higher scores. Revised 102374A55 III-45 FWCP - Chapter Three, Transportation Project Prioritization Step Three: Cost/Benefit A cost/benefit weighting is used to related how well a project performs as part of the layered network and achieves the citywide transportation goals related to the anticipated cost to Federal Way of the project. Projects with a good benefit/cost ratio would receive higher scores. Process for Modal Integration The Bicycle and Pedestrian Master Plan provides the framework for the walking and bicycling sections and were considered in developing the Transportation Improvement Plan (near -term) and Capital Improvement Program (long-term). To refine the project prioritization, it is recommended that the "Priority Route" selection criteria be employed. The Priority Route selection criteria would assist in determining the routes with the most need and/or potential benefit of walking or bicycling Bonneville Power Administration (BPA) Trail facility improvement. Priority Routes are also used as part of the multimodal level of service. The following criteria for identifying priority walking and bicycling routes were proposed in the Bicycling and Pedestrian Master Plan: • Suitable for bicycling/walking without improvements • Closes critical gap • Provides/enhances Safe Route to School connection • Collision locations • Service immediate safety need • Serves key origins and destinations • Geographic distribution • Right -of -Way available and/or suitable • Interface with other transportation modes Modal Networks The transportation vision for Federal Way is a multi -modal, integrated transportation system where the focus is on user choice and safety. Still, system needs and future projects are best understood at the modal level. This section summarizes the future transportation vision and establishes multimodal level of service standards and Revised 1023M 5 III-46 FWCP - Chapter Three, Transportation concurrency framework for roadways, walking, bicycling, and transit. During the prioritization process, projects were identified that contained multi -modal elements. Street and Highway System Nearly every street in Federal Way's roadway network is used by residents and workers at some point each day to access their homes, jobs, and other destinations. Many of these streets are local streets and do not see significant traffic volumes throughout the day. Similarly, goods movement and delivery vehicles use some corridors frequently while other streets see only the occasional local delivery. Urban areas, such as Federal Way's City Center, benefit from level of service policies that offer flexibility to balance the level of vehicle congestion with pedestrian, bicycle, and transit access. Also, the level of congestion experienced in Federal Way is greatly impacted by state facilities. The level of service policy proposed for the Street and Highway System recognizes this impact to local congestion by adopting an area -wide level of service standard. See Appendix III-D (Transportation System Management) for additional information. To address future roadway needs, Federal Way has adopted the following level of service policy that sets the following standards for the street and highway system: • Signalized intersections outside of City Center will experience a 1.2 vehicle -to - capacity (v/c) ratio or lower • Unsignalized intersections outside of City Center will experience a 1.0 vehicle -to - capacity (v/c) ratio or lower • The City Center area will experience an average of 1.1 vehicle -to -capacity (v/c) ratio or less. The above standards were used to develop the future roadway improvements, which have been incorporated into the City's Street Design Guidelines (see Appendix III -A). The proposed cross-section for each of Federal Way's streets and types of motorized and non - motorized space improvements are provided. These cross -sections will guide future investments in streetscape and layered network objectives. Future State Actions The City's transportation plan is in compliance with the WSDOT's direction and vision. The transportation plan for Federal Way relies on the state in the following action areas: • HOV system completion on I-5 and other freeways. • Implementation of the State System Plan. This plan identifies, in priority order, the need for maintenance, preservation, safety, economic initiatives, environmental retrofit, and mobility (capacity) improvements. The latter may not be fully funded and may therefore affect the implementation of the following WSDOT projects: Revised 0M2� III-47 FWCP - Chapter Three, Transportation ■ HOV access improvements, primarily I-5 medians. ■ Interchange improvements for I-5 from SR 18 to SR 161. ■ SR 509 extension from Burien along the western and southern sections of SeaTac Airport south to I-5. ■ The SR 509 extension north from Tacoma to the new SR 167 connection on I-5 at Fife. • Continued improvements to monitoring, with possible provision of information systems regarding travel conditions. • Right-of-way acquisition for rail and the above improvements before construction. • The addition of park and ride lots and added capacity for existing ones. • SR 18 improvements east of SR 99 • Advanced vehicle identification (AVI) on SR 99 to provide transit priority. Map 111--13 illustrates roadway locations that do not meet Federal Way's level of service policy. Traffic Safety When considering transportation improvements, enhancements to traffic safety must be considered. Collision information for the past five years is reviewed for intersections and street segments to determine areas that could benefit from safety enhancements. These safety issues can be addressed by implementing the following measures: • Identify high collision locations on an annual basis, and identify projects to enhance safety at these locations. • Implement access management measures to reduce turning conflicts in high collision corridors • Enforce intersection sight distance standards to remove vision obstructions on the corners of intersections and at driveways. • Where supported in residential areas, install traffic calming measures. • Educate the public through project open houses and press releases on safety benefits of transportation projects. • Increase enforcement of traffic laws, particularly laws pertaining to behaviors that cause the most severe and highest frequency of crashes. Revised 02329- 5 III-48 FWCP - Chapter Three, Transportation w.P Ok.'kpf = IS Map III - 13 city of OW 3w�yrs a Federal Vft 2040 Weekday PIVI Peak Congested F Comprehensive Plan Streets and Intersections Des Puget Sxmd Federal Aw Way P M —7 Tacoma U Legend !a .11 City Limits L--j Potential Annexation Area CM Federal Way City Center Congested Corridor Milton 49 Congested Intersections Fife CITY OF Federal Way 13 D-5 i Kent iL PA A (D Edgewood Transportation Element This map is intended for use as a graphical represenlabon. The City of Federal Way makes no wafrarity as to is accuracy. I Revised 1 � 4 111-49 FWCP - Chapter Three, Transportation Regional Growth Center Mode Share Goal For its regional growth centers (RGCs), Federal Way is required to develop mode split targets that align with the policy goals of planning these areas to be more compact and accessible for walking, biking, and transit modes. The following is a summary of and envisioned future mode split targets for commute trips within Federal Way's City Center Regional Growth Center. • SOV — 70% • HOV —13% • Walk and Bike — 4% • Transit —13% The non-SOV mode shares reflect the City's goal of accommodating travel by all modes and prioritizing transportation investments within the RGC. These mode share goals also informed the travel modeling performed for this plan to ensure that transportation infrastructure investments align with forecasted travel demand. High -Occupancy Vehicle (HOV) HOV enhancements within the Federal Way planning area will consist of signal priority treatments, exclusive lanes, increased park and ride opportunities, and other improvements to be identified as demand increases. These latter improvements can include separate (preferential) access lanes or roadways. This means utilizing HOV lanes on highways and arterial streets wherever practical, if transit and car pool movements can be enhanced, and optimizing the occupancy rate to move the most people possible. Non -Motorized As part of the Bicycling and Pedestrian Master Plan, several analysis corridors were developed based on previously proposed facilities, public input, and staff input. The analysis assessed appropriate treatments and preferred bicycle facility types along City roadways. The analysis identified opportunities to incorporate bike lanes into certain existing roadways, but found that there are few opportunities to retrofit roadways to include bicycle lanes. A multi -modal level of service (MMLOS) analysis was conducted to examine the link and intersection conditions along existing roadways. This analysis helped stakeholders and City staff make decisions based on how roadway configurations affect all users. The results suggest that while the levels of service vary throughout the City, streets at locations with high traffic volumes, higher traffic speeds, and little separation between pedestrians/cyclists and vehicles scored relatively poorly. Revised tQ2K445 1II-50 FWCP - Chapter Three, Transportation In addition, a potential for walking and biking analysis was conducted based on land use characteristics, density of development, and access to transit. The results suggest that the City Center, the Twin Lakes Commercial District Subarea, and their surrounding areas have the greatest potential for active transportation. hnproved walking and biking conditions will improve transportation choices, safety, and mobility for citizens who do not have access to a car. It may also have an overall benefit to residents' health. Priority Walking and Bicycling Areas The priority walking and bicycling areas were developed using a potential for active transportation analysis. This includes any method of travel that is human -powered, but most commonly refers to walking and bicycling. The potential for active transportation is commonly measured by considering land use characteristics, density of development, and access to transit. A "heat map" was created by allocating points using the criteria: school, live, work, shop, play, equity, and transit. Map III-]4 (Priority Walking and Bicycling Areas) will be used for determining where investments in bicycling and pedestrian facilities will likely result in the greatest increase in active transportation in Federal Way. Areas that have the greatest potential for active transportation include the City Center, Twin Lakes Commercial District Subarea, and their surrounding areas. Additionally, investment in bicycle and pedestrian facilities in these areas can support economic development by making these areas more attractive to pedestrians and bicyclists and complementary to mixed use infill development. These "Priority Areas" are also used as part of the multimodal level of service. Walking Pedestrian facilities proposed are largely new sidewalk sections. The location of the proposed new sidewalk sections was largely influenced by information the Federal Way School District maintains on recommended walking routes to elementary schools and priority walking and bicycling areas. During citizen engagement, many people commented on the desire to have more sidewalks in their neighborhood specifically related to access to neighborhood schools. Establishing safe and convenient walking routes enables more children to walk to school which improves student health and potentially saves the School District transportation costs where bus routes can sometimes be reduced when safety deficiencies are corrected. A more complete pedestrian network also can support Federal Way's business centers. With better sidewalk connections, residents who live close to business centers may choose to make more trips by foot. Once a person gets in a car, it is easier to decide to drive far away for that cup of coffee or small errand. Making it easier and more pleasant to walk encourages more localized shopping decisions in a community and supports economic development. Revised 1023204-5 III-51 FWCP - Chapter Three, Transportation Building on the Walking and Bicycling Priority Areas (see Map III-14), Table III-S (Pedestrian Priority Area Level of Services) establishes the level of service standard for pedestrian facilities around the City. The best level of service for walking, indicated in the green row, would provide the proposed facilities exactly as shown, or with greater separation, in the Street Design Rectangular Rapid Flashing Beacon Guidelines (Appendix III -A). The yellow level of service, which meets the basic needs for safe walking around the City, requires sidewalks or shoulders protected by raised curbs on one side of all the streets called out along Pedestrian Priority Areas. Incomplete or missing pedestrian facilities along Pedestrian Priority Areas would fall into the red category and not satisfy the City's level of service for walking. In addition to the presence of pedestrian facilities along a corridor, the City also emphasizes the importance of safe pedestrian crossings. Particularly downtown, at busier transit stops, and within half -mile of schools, the City is looking to provide enhanced crossings at regular intervals. The City has installed Rectangular Rapid Flashing Beacons (RRFBs) at midblock locations to improve pedestrian crossing throughout the City. Table III-5 Pedestrian Priority Area Level of Service (LOS) Pedestrian facility as indicated in the Street Design Guidelines Provides a lower -level facility than recommended in the Street Design Guidelines No pedestrian facility provided Bicycling The proposed bicycle facilities consist of a variety of facility types that are dependent on the existing configuration and function of the City's roadways. Where possible, bike lanes are proposed, but these popular solutions are limited in Federal Way where there are few cross-town connections and lots of competition for pavement width with virtually all motor vehicle traffic being necessarily funneled into these few corridors. Revised 10232(�5 III-52 FWCP - Chapter Three, Transportation City of Federal Way Comprehensive Plan Map 111 - 14; Walking and Bicycling Priority Areas Des Kent Moines 52?i =_t Aqw Sound. aaw&at_- r Federal _ ,Way Sry -1 Pal .Lr i 1 Mimr Au t a c PLwy`a7yrl_- 5 339tl1_; _ Tacoma 'dB�Y ,"st � � PA , e ! Legend r �� = City Limits 1g 1 = Potential Annexation Area�� = Active Transportation Potential .� e r High Potential Low Potential Milton , Fife Edgewood Transportation Element CITY OF Federal Way 1A/ ay This map is intended for use as a graphical representation. a n.s The City of Federal Way makes nm�uw uT��rv.o�uL�aa� i Maes no warranty as to its accuracy - Revised ozp;14-3 III-53 FWCP - Chapter Three, Transportation Building on the Walking and Bicycling Priority Areas (see Map III-14), Table III-6 (Bicycling Priority Area Level of Services) establishes the level of service standard for bicycling facilities around the City. The best level of service for bicycling, indicated in the green row, would provide the proposed facilities exactly as shown, or with greater separation, in the Street Design Guidelines (Appendix III -A). The yellow level of service requires some sort of bicycle infrastructure on streets called out along Bicycling Priority Areas. At a minimum, these facilities would be signed bike routes. Incomplete or missing bicycle facilities along Bicycling Priority Areas would fall into the red category and not satisfy the City's level of service for bicycling. Table III-6 Bicycle Priority Area Level of Service (LOS) Bicycle facility as indicted in the Street Design Guidelines v Provides a lower -level facility than recommended in the Street Design Guidelines No bicycle facility provided Proposed Facility Networks Maps III-15 and III-16 summarize the future bicycle and pedestrian facilities, respectively. The following pedestrian and bicycle facility types are proposed. • Bike Boulevard (also called Greenways): Low -volume and low -speed (typically residential) streets that have been optimized for bicycle travel. Bicycle Boulevard treatments can be applied at several different intensities. • Shared Use Path/Trail: These provide a desirable facility and recreational trips, particularly for novice riders and for cyclists of all skill levels preferring separation from traffic. Shared use paths generally provide new travel opportunities. • Shared Lane Marking: Also called "sharrows," shared lane markings are pavement markings used to indicate shared space for bicyclists and motorist on low volume streets that do not have room for bike lanes. • Wide Shoulder: Typically found in less -dense areas, shoulder zones are paved roadways with striped shoulders wide enough for pedestrian and bicycle travel. • Bike Lane: Marked space along a length of roadway designated with paint for the exclusive use by bicyclists. If there is space available, some bike lanes can be buffered with a wider (a minimum two -foot) pavement marking. • Enhanced Shared Sidewalk: Shared bicycle and pedestrian facility adjacent to, but separated from, the roadway. Designed to function similar to a shared use path. Revised tM2111-54 FWCP - Chapter Three, Transportation v s Map III rj Map Dale al W. er 2022 City of CityDFede al4Vay GIS Divisnn Federal Way F deaBWay, WA B8003 Comprehensive Plan Planned Pedestrian Facilities w5wv.�afedm1my, wm Des meni 1 Moines S 272nd St r �fe ^ 1 'Pa t Pug& Sound ` �o v �1 c r 5286th St f � r Q f w deral omtaa - ay r Q S 304th St i L y ` I v SW 312th St ...?� -- S 312th St Federal e� Q r PAWay s'V =-t SW 320th St SW 320th St �`� th SIB_-'• �r a' A � ` S 3241 Ito aFedem m n Way Northe �a i hors Pkwy st S Cam L S 336th St yOr 40 > h 'ff a N N C > Tacoma s thst r _ ... v a N •� £ a o !l ^ F,14 SW 356th St Way AA.A & rt. Legend E-71 City Limits Q j Ai C7 Potential Annexation Area % • Non -Motorized Safety Improvement Intersection Milton N Planned Trail Planned Sidewalk (� Q Edgewood CITY or Federal Way Centered on Opportunity Sca e- 0 05 R.'staoeyC%P W �PrgeclslCrnlptn UpdalestProp—Ped_Fac m.d 0iiiiiiiia Miles Transportation Element This map is intended for use as a graphical representation The City of Federal Way makes no warranty as to its accuracy. Revised LOB20445 III-55 FWCP - Chapter Three, Transportation Map Dale: December 21122 City of Map III - 16 Ciry of Federal Way GIS OrvKion 33325 Bth Ave S Federal Way Federal way. WA 980M Comprehensive Plan Proposed Bicycle Facilities 2253-a!%RMe alwaymm Puget Sound Federal Way Q ITV Way acoma Legend r-1 City Limits O Potential Annexation Area Planned Bicycle Facility'..'- 1 Bike Boulevard Bike Lane Enhanced Shared Sidewalk i Paved Trail Shared Lane MarkinqsFi ryes Kent Moi_� M r Lj l� { s3,2>u, St P •... tS 3211h- St�� 1 re&ra, Way PA.A • 161 �•!�a■!! Transportation Element This map is intended for use scale: as a graphical representation. 0 o.s 1 The City of Federal Way makes P.f¢UceyctP'AORoimslCa planUpdac slPmp_13ikeFa6Pmp_Bike=acapex Miles no warranty as to its accuracy. Revised 023244-5 III-56 FWCP - Chapter Three, Transportation Sidewalklnfall/Repair: Completing sidewalk gaps greatly improves pedestrian connectivity by providing a continuous, barrier -free walkway easily accessible for all users. • Accessway: Simple connectors provide direct routes between residential, retail, and office areas. Citizens indicated the greatest preference for facilities separated from vehicles or, having clearly designated pavement area exclusively for bikes. However, the opportunities for designated bicycle lanes and separate shared use facilities are limited or expensive. As a result, bicycle boulevards are a key element of building a complete bicycle network in Federal Way. Due to limited resources, the development of the walking and bicycling network will require further review and establishment of priorities for the near term. The following 2011 planning level estimate costs were developed to help determine the relative scale of investment that will be necessary to implement all of the identified facilities. A summary of projects costs to complete the walking and bicycling layered network, per the Bicycling and Pedestrian Master Plan, is presented in Table-lll--7 (Non -Motorized Improvement Costs). Table 111-7 Non -Motorized Improvement Costs Sidewalk Network $62 million for facilities on 61 miles roadway (approx. 320,000 linear feet Trail network $21 million for facilities on 16 miles 84,000 linear feet) Bicycle Network $57 million for facilities on 71 miles of roadway 374,000 linear feet) Crossing Modifications $4 million for modifications at 21 intersections along 320th and 348th/Campus Drive. Transit While the City itself does not operate transit, corridors that are welcoming to transit and have appropriate supportive amenities can encourage residents and employees to use transit. This could lead to additional service hours from transit providers such as King County METRO, Pierce Transit, and Sound Transit. The Transit Priority Corridors identifies the corridors that the City should focus their efforts on and is shown in Map III-17 (Transit Priority Corridors). The City can enhance transit use by offering: • Street lighting • Safe routes for accessing transit stops Transportation System Management approaches to enhance transit speed and reliability Revised I02324�5 III-57 FWCP - Chapter Three, Transporintion city of Federal Way Comprehensive Plan Map III - 17 Transit Priority Corridors C% a r— "b. OIiall" 21111111MA.11 Des Kent Moines s SL 5L Aws, Sound 1p --Federal ,,ONO Way S auch S1 Fay" PAA 8 324th V S 336ul. 51 h LaPAR .--J! Tacoma �7 1A 12AA r Legend O City Limits 1\�4 Potential Annexation Area Transit Priority Network Milton Fife Edgewoocll Autl Transportation Element CITY Of for use 4V, Federal Way This map is intended �s as a graphical repres-entatim. .1 � 1 o O-S The City of Federal Way makes no warranry as to tL r hfil VS Revised f. 111-58 FWCP - Chapter Three, Transportation Federal Way's transit level of service is based on the passenger amenities provided at transit stops along Transit Priority Corridors. The transit level of service is determined using a transit agencies policy for the types of passenger amenities provided at transit stops based on the number of passengers accessing the stop. Where more than one transit agency accesses a transit stop, the highest level of amenity provision should be considered the standard. Optionally, the level of service for transit priority corridors could be expanded to consider pedestrian access and the quality of transit service. The City can achieve the green level of service standard by having over 80% of transit stops meeting amenity minimum provided along transit priority corridors. The yellow standard, which the City will adopt as its minimum target, can be achieved with more than 60% of transit stops meeting minimum amenity provisions. Transit Priority Corridors with less than 60% of transit stops meeting the minimum amenity provision would fall into the red category and not satisfy the City's level of service for transit. Federal Way's measurement of transit level of service is summarized in Table 111-8 (Transit Priority Corridor Level of Service). At the time of this update, Pierce Transit, King County METRO, and Sound Transit are undergoing updates of their long range plans. Table III-8 Transit Priority Corridor Level of Service (LOS) More than 80% of transit stops meet Sidewalks and pedestrian All day frequent service; • amenity minimum crossing opportunities adequate parking at park -and - serving stops rides and stations provisions More than 60% of transit stops meet Sidewalks and pedestrian Peak period service; insufficient amenity minimum crossing opportunities parking at park -and -rides and serving some stops stations provisions • Less than 60% of transit stops meet amenity General lack of sidewalks and pedestrian crossing N/A minimum provisions opportunities *Amenities include bus stop shelter, bench, flag post, and/or concrete waiting area; these amenities are determined based on the number of people using a transit stop as defined by a transit agency. +Consider the adequacy of parking provided at park -and -rides and transit stations Freight and Goods With the enhancement of neighborhood centers, truck deliveries may increase as consumer activity shifts to these areas. While localized neighborhood intrusion is unlikely, isolated cases can be managed using traffic calming techniques. Where pavement, bridge, and neighborhood traffic management systems, or planned land uses indicate that roadways cannot handle truck traffic, designated truck routes will be adopted to protect existing investments and assure continued quality of life. Revised 102328t-� III-59 FWCP - Chapter Three, Transportation To accomplish effective planning and management of freight and goods movement in the area, traffic monitoring (volume counts) will include vehicle classification, allowing the patterns of use to be better understood. Another technique that can be employed to assure adequate consideration of truck needs is the, involvement of those industries and businesses generating the traffic in roundtable discussions. Regional Activities The only trucking center in Federal Way is Ernie's Center on SR 99 at South 330t` Street. This facility caters to the movement of freight and goods by offering feel. Looking toward the future, several regional road projects may affect freight and goods movement through the area. Improvements along I-5, which will make truck traffic more efficient, include truck -climbing lanes in the Southcenter area. At present, there are major points of delay for peak hour traffic. Trucks arriving on I-5 and on SR 18 just east of I-5 from SR 167 have problems since they are not able to approach the hill climb at posted speed and delay other travelers. Perhaps one of the most significant regional improvements is the enhanced connection of SR 167 with I-5 at Fife and into the Port of Tacoma. The current industrial development in the area of the Port of Tacoma masks the growing importance of the Green River Valley, both as a transportation corridor and as a generator of freight and goods movement. Increasing accessibility to the SR 167 corridor will provide an alternate route for truck based freight and goods movement. SR 509 is being studied for consideration of an extension, tying back to I-5 at South 2101 Street. This route will open an alternate route to the Port of Seattle's international freight facilities, as well as to provide access to the airport industrial complex. To the extent that this new route's design considers impacts to I-5, SR 99, and local street system in Federal Way, it provides great benefit to Federal Way. Other long range actions that will affect freight and goods movement in this north/south corridor include Intelligent Traveler Service (ITS) —with improved (truck) vehicle identification, and commuter rail service in the Green River Valley. ITS features will be incorporated into the "high tech" I-5 corridor being designed under the WSDOT's Venture Program. Advanced communication systems will allow better detection of slow -downs, accidents, and even hazardous vehicles moving through Federal Way, which certainly affect the City's local residents traveling these regional facilities. To the extent that commuter rail service in the Green River Valley can avoid impacting freight and goods movement, it is viewed as a positive step in the direction of providing high capacity transit to the south end of the region. Care must be taken to avoid forcing a shift in cargo carrying capacity from rail to truck in the south county corridor. Highway commuter needs warrant keeping this "traffic" on rails. Consistent with the requirements set at the federal level, PSRC and WSDOT are focusing increased efforts towards understanding freight and goods movement and identifying solutions to problems faced by local, regional, state, and international shippers. Using Revised OZ32845 III-60 FWCP - Chapter Three, Transportation studies by the Port of Seattle and WSDOT, PSRC and the Economic Development Council have established a Freight Mobility Roundtable. The Roundtable brings together key carriers, producers, and consumers, as well as nationally recognized consultants on the topic. This effort is seen as setting the pace for other areas around the country. The Roundtable efforts will be linked with a series of other efforts by the Regional Council, including: • Building a commodities flow database; • Identifying current and future problem areas that inhibit or restrict the effective movement of freight and goods; • Recommending road, intermodal, and other system improvements to address these problems, while meeting federal and state Clean Air Act strictures; and • Developing planning guidelines for use at the local level. The benefits of supporting these regional activities will be maintenance of accessibility for City residents and businesses. Transportation System Management Transportation Systems Management (TSM) focuses on maximizing use of the existing systems travel capacity. Its focus is to identify ways to manage the transportation system (usually streets and highways, from a local agency perspective) to maximize the carrying capacity of existing facilities. Federal Way outlines their approach for futures transportation system management in their Intelligent Transportation Systems (ITS) plan. These plans define the application of technology to address transportation problems such as congestion, safety, and mobility. As outlined in the ITS Plan, the City has an ever-expanding communication network with plans to create a robust Traffic Management Center (TMC) and a secondary Satellite Management Center. The plan provides a framework to complete gaps in the communication network, install traffic monitoring capabilities, increase staff resources, and increase collaboration with the following entities: • WSDOT • King County • Transit Agencies (King County METRO, Peirce Transit, Sound Transit) • Adjacent Cities • Valley Communications ("ValleyCom") • Participants of the City of Federal Way Emergency Operations Center As the ITS program grows to include more technology and extended interagency coordination, the Federal Way Public Works Department that oversees and operates these projects will periodically update the ITS Master Plan, included in Appendix III-D, and Revised W23241-3 III-61 FWCP - Chapter Three, Transportation evaluate changing needs and technology. The plan documents current needs and provides a strategic plan for completing proposed ITS projects and programs. Commute Trip Reduction (CTR) Plan The City's Commute Trip Reduction (CTR) plan and Transportation Demand Management (TDM) strategies should be updated to reflect new legislation and to be aligned with PSRC's Regional Transportation Demand Management (TDM) Action Plan. The goal of the Federal Way CTR plan is to increase non drive -alone trips in the 2019-2020 timeframe to 24.4% and reduce vehicle miles traveled by approximately 11 % and greenhouse gas emissions (GHG) by approximately 22% among major work sites. Building upon the success of the existing commute trip reduction program, the City strives to meet the goals of the plan for the future by working in partnership and coordination with other agencies and employers. Commute Trip Reduction (CTR) Recommendations The following recommendations are made for Commute Trip Reduction (CTR): 1. Encourage voluntary expansion of the CTR Program to employers of less than 100 employees as funding allows. The encouragement by employers may be as diverse as subsidized bus passes, car pool space priority, bike racks, shower facilities, van pools, car pool information access, telecommuting, variable work hours, etc. 2. Facilitate enhancements to the HOV System. This may include the acquisition of property for HOV lanes, construction of arterial HOV lanes on City arterials and state highways, and priority treatments for buses at traffic signals. At the very least, opportunities to support improved access to the state system of HOV lanes should be identified and supported. 3. Increase density of land uses and encourage a mix of uses to locate near bus routes, park and ride lots, and transit centers through the adoption of the FWRC and its supporting zoning. This policy is vital to the creation of a regional bus and rail system and will also be an effective way to reduce traffic congestion and air pollution. 4. Enhanced pedestrian and bicycle access and security in the City Center, neighborhood shopping areas, and multifamily nodes. 5. Improve pedestrian and bicycle access to bus routes and transit centers. This can be a requirement of subdivision development and redevelopment. The City may need to acquire easements and construct trail connections. Development incentives could be granted for providing such amenities that are pedestrian, bike, and transit friendly. 6. While bicycle, pedestrian, and bus transit services and facilities may be desirable for other reasons; they should not be looked on as highly cost-effective strategies to the exclusion of those actions listed above. Revised OB3294-3 I11-62 FWCP - Chapter Three, Transportation This chapter presents the Transportation Improvement Plan (near -term) and Capital Improvement Program (long-term) which forms the basis of this Transportation Chapter. Collectively, they add up to over $4Q4-ii,,i4ien 1 billimn in transportation projects to be constructed over the next few decades. For planning purposes, the near -term Transportation Improvement Plan (TIP) represents years 0 to 6 (2016-2021) and is financially constrained to only those projects that could realistically receive funding over the next six years. It is unlikely that all of the projects on the six year list would receive funding because they total over $257 million. Projects included on the Six -Year Project List are considered community priorities that the City would move forward in the near -term should funds become available. The TIP counts on strong coordination with other agencies to help finance needed improvements on the state highway system, facilities in adjacent jurisdictions, along with expanded iransit services provided by METRO. These projects provide a starting point for the City in developing its financial constrained Six -Year TIP, which is updated every year and is developed based on more updated knowledge related to project feasibility and funding availability. The long-term Capital Improvement Program (CIP) list (7-20+ years) reaches out to and potentially beyond the 2040 year time horizon and represents important projects that tend not to have identified funding, or are only necessary to address future growth. The TIP and CIP were developed to create a transportation system that realizes Federal Way's ultimate transportation goals: • Goal 1: Maintain mobility through a safe, balanced, and integrated transportation system. • Goal 2: Be fiscally and environmentally sustainable. • Goal 3: Enhance community health, livability, and transportation by providing a connected system of pedestrian, bicycle, and transit ways that are integrated into a coordinated regional network. • Goal 4: Support the City's land use vision and plan. • Goal 5: Develop and implement transportation systems management strategies and programs that contribute to the overall effectiveness of the multimodal transportation system. • Goal 6: Be an active partner by coordinating with a broad range of groups to help meet Federal Way's transportation goals. With these goals in mind, as well as completing the layered network, the respective project lists were developed. Revised 0?3x� III-63 FWCP - Chapter Three, Transportation The Six -Year Project List, Table III-9 (Transportation Improvement Plan — 2016 to 2021) seeks to maintain concurrency, focus on projects that provide the most benefit to Federal Way residents, and leverage outside funds to the maximum extent possible. Map III-18 (Transportation Improvement Plan 2016 — 2021) displays the locations of these projects in Federal Way. None of these projects conflict with the goals listed above. It is recognized that the availability of outside funds is not always predictable. As a result, any of the projects on the near term list are high priority projects that the City would consider moving forward should funding become available. Table III-9 Transportation Improvement Plan (TIP) — 2016 to 2021 1 a City Center Access Phase 1 Update environmental documentation for modified access at S 320" St & S 3241h St 2,500 1 b City Center Access Phase 2 Add HOV lanes on S 3201h St, realign ramps in SE quadrant 132,109 2 10`n Ave SW (a, SW Campus Dr Add SB right -turn lane 1,229 3 SW 344" St: 121h Ave SW - 2151 Ave SW Extend 3 lane principal collector with bike lanes, sidewalks, illumination 10,164 4 151 Ave S 9, S 328" St Install raised median, improve access at 3281h 1,897 5 S 3201h St , 201h Ave S Add 2"1 left -turn lanes EB, WB 2,856 6 SR 99 S 3121h St Add 2"d left -turn lane NB 6,708 7 S 304th St 28`h Ave S Add NB right-tum lane, signal 2,371 8 S 352"d St: SR 99 - SR 161 Extend 3 lane principal collector and signal at SR-99 5,619 9 SW 3201h St ,) 211 Ave SW Add 2nd WB left -turn lane, Interconnect to 261h Ave SW 6,169 10 SW 320" St Ca, Ave SW Install traffic signal 569 11 S 312th St 28'h Ave S Add SB right -turn lane 771 12 SW 3361h Wy / SW 3401h St: 261h Pl SW - Hot Rd Widen to 5 lanes, add signal at 261h Pl SW 21,821 13 S 3561h St: SR 99 - SR 161 Widen to 5 lanes, bike lanes, sidewalks, illumination 6,112 14 S 35611 St SR 161 Add 2"d NB Left to SR 161 - support phase of Trian le Project 4,100 15 S 3201h St & 15t Ave S Add EBL, WBL, WBR, NBT, SBR; widen to 5 lanes N to 316'h or Alternative Measure 10,460 16 S 3441h Wy & Weyerhaeuser Wv S Roundabout 1,763 17 SR 99 HOV Lanes Phase 5: S 340111 St - S 3561h St Add HOV lanes, install raised median; roundabout at 340`h St, turn lanes at 3481h 17,600 18 Citywide Traffic signal modifications 914 19 S 2881h St: Military Rd S - I-5 Overlav 637 20 S 324h St: SR 99 - S 322"d St Overlay 871 21 16`h Ave S: S 3441 St- S 3481' St Add SB auxiliary lane 6,105 22 Citywide Implement Adaptive Traffic Control System 1,000 -- -- 244 345' *Costs in 2016 and represent thousands of dollars. Revised 0232 III-64 FWCP - Chapter Three, Transportation Map III - 18 Vi Db. Awl 2td ab AF,&,mcity of Wy Federal way 2016-2021 �� s F.d. Vft W Comprehensive Plan Transportation Improvement Plan fter Sound �t7 0 4 f'4' Des Kent Moines f ' r5r f r nJ P s S�A57 Federal , `ti Way q rta j S30S1h57 O`•� MI r R` Feuad SW 312eh st ;7 Na , W 3307i 57 %V 320th St x n �+g rh' nlay SW Tacoma`_ a 2 �ILegend O City Limits 0 Potential Annexation Area Street Improvements q N Corridor Improvement N Non-Matorized Improvement AF Overlay Improvement 0 Fife 31 dth Sl}� PAA AkM ,. S An St 4 ' � lA s rat r "'V J�AA v� r T } rtl ; 0 / Milton Edgewood AuO Transportatron Element ,:Narr or s, Federal Way This map is intended fbr use = as a graphical representation. a o-s I The 04 of Federal Way makes 1.laeipreikllN ty�xtrv+cc.taha-�t4.+:.vte nLit.•m.a Ifiles no %affanty as W its accwracy. Revised f III-65 FWCP - Chapter Three, Transportation Table III-9 (Continued) Non -Motorized 23 S 3141 St: 201h Ave S — 2311 Ave S Capital Projects Description Install sidewalks, ADA ramps, curbs & gutter, pedestrian improvements 3,345 24 1" Ave S: S 292°d St — S 3121h St Shoulder improvements 3,770 25 S 3361h St: SR 99 — 201h Ave S Install sidewalk on north side 639 26 21 n Ave S: S 3161h St — S 320`h St Install sidewalk on west side 1,356 27 SR 509: 1 ph Pl S —16" Ave S Install sidewalk on south side 1,500 28 Citywide Pedestrian Safety Install mid -block crossing treatments 640 29 20" Ave S & S 316,h St Install sidewalk on east and south sides 395 11.645 1 I 185,980 The full list of projects that the City would like to complete during the 20 year planning horizon (including the six year projects) are shown in Table III-10 (Capital Improvement Program — 2016 to 2040) and illustrated in Map III-19 (Capital Improvement Plan). While all of these projects would help complete the layered network and realize the City's transportation vision, many are deemed to be longer -term. Table III-] 0 Capital Improvement Program (CIP) — 2016 to 2040 i &C;a1Pp_i_ta1 Project List F95-17 SR 99: S 340t1 St - S 3561h St: Construct HOV lanes, install raised median; roundabout at 3401h St, turn lanes 3481h 17 17,600 97-01 SW 33611 Wy / SW 3401h St: 261h Pl SW - Hoyt Rd SW: Signal Coordination 283 92-18b SR 161 @ S 3561h St: Add NB left -turn lane, EB right -turn lane, or install roundabout (14) 4,100 92-18a S 3561h St: SR 99 - SR 161: Widen to 5 lane, bike lanes, sidewalks 03) 6,112 16-22 S 352°d St: SR 99 - SR 161: Extend 3 lane principal collector and signal at SR-99 (8) 5,619 16-23 Citywide: Traffic signal modifications 18) 914 16-24 Citvwide:Implement Adaptive Traffic Control System (22) 11000 16-25 161h Ave S: S 34411 St - S 3481h St: Add SB auxiliary lane 21 6,105 16-19 151 Ave S A S 3281h St: Install raised median, improve access at 3281h 4 1,897 16-20 S 320" St R 201h Ave S: Add 2°d left -turn lanes EB, WB 5 2,856 16-21 Citywide Pedestrian Safety: Install mid -block crossing treatments (28) 640 16-26 S 3041h St (a. 281h Ave S: Add NB right -turn lane, signal (7) 2.371 Revised V23291a III-66 FWCP - Chapter Three, Transportation Table III-10 Capital Improvement Program (CIP) — 2016 to 2040 . Idl�7i'1 I I I 94-1Ob SR 509: 911 PI S - 16" Ave S: Widen to 5 lanes, signal at 91h PI S 8,794 07-06 151 Ave S SW 301 s1 St: Install signal or roundabout 404 16-11 811 Ave S P, S 3201 St: Add left -turn lanes NB, SB 485 16-13 S 3241h St Interchange: Extend 5-lane minor arterial to 32"d Ave S 134,587 07-07 1 It Ave S P, S 30811 St: Install signal or roundabout 404 07-04 Military Rd S (u� S 2961h PI: Install signal or roundabout 404 16-18 16" Ave S P, S 341s1 PI: Add signal 404 16-01 SR 99 P, S 2881h St: Add NB right -turn lane 452 98-32 131h Pl S: S 3301h St - S 332"d St: Extend 3 lane collector 4,797 94-24 14" Ave S: S 3121 St - S 3161h St: Ring Road extension 5,472 93-08 S 3161h St: SR 99 - I I" PI S: Ring Road extension 8,291 01-05 SR 99 , S 3121h St: Add 2"d NB left -turn lane (6) 6,708 07-22 161h Ave S: SR 99 - SR 18: Add HOV lanes 22.384 02-01 City Center Access (Phases 1 and 2): S 3201h St @ 1-5 Bridge Widening: Add HOV lanes through interchange, reconstruct SE quadrant of interchange to realign ramps (la & lb) 134,609 10-01 S 3731d St A SR99: Add Signal or roundabout or two-way left -turn lane 482 05-03 Weyerhaeuser Wy S A S 3441h Wy: Install roundabout (16) 1,763 05-01 SR 509 41h Ave S: Install roundabout 1,009 07-03 1301h Ave S P S 2881h St: Install signal or roundabout 404 98-10c 101h Ave SW Ca, SW Campus Dr: Add SB right -turn lane (2) 1,229 16-09 SR 99 @ S 3121h St: Add 2"d left -turn lane EB, WB, and WB right -turn lane 1,696 02-04 SR 18 P, SR 161: Add 3,d thru lane NB, SB. 31d left -turn lane NB, SB 12,210 98-07 SW 3361h / SW 3401h St: 261h P1 SW - Hoyt Rd SW: Widen to 5 lanes 12 21.821 98-15 1 Military Rd S: S 2881h St - S 3041h St: Widen to 5 lanes 23.450 07-01 S Star Lake Rd (a, 251h Dr S: Install signal or roundabout 404 16-02 Military Rd S @ S 2881h St: Add 2"d left -turn lanes and right -turn lanes eastbound and westbound 2,326 98-10a SW 3441h St: 121h Ave SW - 21s1 Ave SW: Extend 3-lane principal collector with bike lanes, sidewalks (3) 10,164 99-02 S 3201h St @ Is' Ave S: Add 2nd left lanes all legs, WB, SB right -turn lane, widen Is' Ave S to 5 lanes to S 3161h St 15) 10.460 98-01 S 3041h St @ SR 99: Add left-tum lanes on 3041h 1.454 10-01 S Star Lake Rd: @ Military Rd S: Add right -turn lane on S Star Lake Rd 401 16-15 16-16 SR 99 @ S 3241h St: Add 2"d left -turn lanes NB, SB, and NB right -turn lane 2151 Ave SW @ SW 3361h St: Add 2"d left -turn lanes NB, SB, and SB right -turn lane 3,052 3,052 00-12 S 3081h St: 141h Ave S - 181h Ave S: Widen to 3 lanes 3.198 Revised 2III-67 FWCP — Chapter Three, Transportation Table 111-10 Capital Improvement Program (CIP) — 2016 to 2040 16-17 S 336'h SC SR 99 -ma's Avc S: Widen to 5 lanes, add 2nd left-tum lanes EB, WB @ SR 99 1 3,721 98-34 2151 Ave SW @ SW 320'h St: Add WB left -turn lane, interconnect to 261h Ave SW 9) 1 6,169 92-22 1 n Ave S: S 3481h St - S 3561h St: Widen to 5 lanes, add 2,d SB right -turn lane @ 3561h 7,213 93-09 111 Ave S: S 366'h St - SR 99: Extend 2-lane road, signal or roundabout at SR 99 7,550 98-05 S 324h St: SR 99 - 23'd Ave S: Widen to 5 lanes 10,552 92-20 471h Ave SW (a) SW 3201h St: Signalize (10) 569 95-07 S 28811 St: 191h Ave S - Military Rd S: Widen to 5 lanes 12,364 93-07c 21' Ave SW: SW 3441h St - SW 3561h St: Widen to 5 lanes, add 2nd SB right -turn lane OD, 3561h 21,639 92-14 Military Rd S: S Star Lake Rd - S 2881h St Widen to 5 lanes, sidewalks, and illumination 35,456 16-10 23,d Ave S: S 316'h St - S 3171h St: Add NB lane 678 16-12 111h Pl S P, S 3201h St: Add 2nd NB left -turn lane 678 00-02 28'h Ave S (a, S 312'h St: Add SB right -turn lane 01) 771 07-14 23,d Ave S S 32011 St: Add SB left -turn lane, NB thru and right -turn lanes 8,705 98-13 SW 34411 St & 351h Ave SW: 2 1 " Ave SW - SW 340'h Street: Bike lanes, sidewalks 12,360 10-01 Military Rd S A Camelot: Roundabout 1,392 01-03 SR 509 na, 261h Pl SW: Add WB left -turn lane 1,017 07-05 Military Rd S @ S 2981h St: Install signal or roundabout 404 14-01 Weyerhaeuser Wy S: S 3361h St - 331d P1 S: Widen to 5 lanes 2,826 92-23 S 304'h St: SR 99 - 28'h Ave S: Widen to 3 lanes 11,513 16-03 SR 509 , SW 30151 St: Add WB right -turn lane 226 16-14 S 3241h St: I I1h Pl S - SR 99: Widen to 5 lanes 1,809 07-12 61h Ave SW , SW 320'h St: Install signal or roundabout 404 07-18 Military Rd S S 3281h St: Install signal or roundabout 404 92-06b S 356th St: 1 st Ave S - SR 99: Widen to 5 lanes 16,416 98-20 S 312'h St: I" Ave S - 141h Ave S: Widen to 5 lanes 28,726 07-20 SW Campus Dr: I I Ave S - 21n Ave SW: Add HOV lanes 63,956 16-07 SR 509 9, SW 312'h St: Add tad WB. left -turn lane 904 93-12 SR 509 471h Ave SW: Install roundabout 1,009 05-04 S 3121h St qD, 18t° Ave S: Install signal 404 98-17 S Star Lake Rd: S 272°d St - Military Rd S: Widen to 3 lanes (see 10-1) for intersection improvement 9,327 98-39 V Ave S: SW 301" St - SW 312'h St: Widen to 3 lanes 11,725 98-24 Hoyt Rd SW: SW 320'h St - SW 3401h St: Widen to 3 lanes 12,059 93-07a 2151 Ave SW: SW 3121h St - SW 3201h St: Widen to 5 lanes 12,364 Revised 10232BI-5 III-68 FWCP - Chapter Three, Transportation Table 111-10 Capital Improvement Program (CIP) — 2016 to 2040 16-04 SR 509 @ SW 3081 St: Install roundabout 1,346 16-05 SR 509 SW 306' St/121 Ave SW: Install roundabout 1,346 16-06 SR 509 161h Ave SW: Install roundabout 1,346 16-08 81 Ave SW P, SW 3121' St: Install roundabout 1,346 94A I S 308'h St: 51h PI S - 8'h Ave S: Extend 2-lane street 1,938 07-13 SR 99 @ S 320'h St: Add NB right -turn lane 2,883 98-23 471h Ave SW: SR 509 - SW 3181h St: Widen to 3 lanes 5,034 98-14 S 2881h St: Military Rd S - I-5: Widen to 5 lanes 11,541 94-10a SR 509: 11' Ave S - 9d' Pl S: Widen to 3 lanes 15,634 94-17 SR 509: 111 Ave S - 161' Ave SW: Widen to 3 lanes 29,846 F05-02 City Center Couplet: S 316'h St/S 324'h St: 11'h Pl S - 23'd Ave S: Restripe for clockwise couplet 808 07-02 SR 99 S 288h St: Add EB left -turn lane 1,131 07-15 251 Ave S Q, S 3201' St: Add 2°d EB left -turn lane NB right -turn lane 13,001 98-18 281 Ave S: S 3041h St - S 3171' St: Widen to 3 lanes 16,416 98-57 SR 509: 30'h Ave SW - 471' Ave SW: Widen to 3 lanes 18,760 98-58 SR 509: 47'h Ave SW - West City Limits: Widen to 3 lanes 23,450 07-19 11' WV S S 336t° St: Add 2nd SB left -turn lane 7,365 98-30 101h Ave SW P, SW 334th St: Signalization or roundabout 404 11-01 21It Ave S @ S 3201 St: Install signal 404 98-26 S 320'h St @ 5t° Ave S: Signalization 404 00-07 S 3481 St , 9d' Ave S: Add 20d SB left -turn lane 2,326 92-12 41h Ave S: S 3121h St - S 3161h Pl: improve vertical alignment 3,1978 95-02 S 312'h St: 23`d Ave S - 28d' Ave S: Widen to 3 lanes 7,461 98-31 SW 3561h St @ 13'h Wy SW/14'h Ave SW: Signalization 404 07-16 Military Rd S P, S 3201h St: Add 2nd NB left -turn lane 5,620 98-29 SW 320'h St P, I ld' Ave SW: Signalization 404 14-02 SR 509 30'h Ave SW: Install roundabout 1,009 98-28 SW 3201h St (a, Th Ave SW: Signalization 404 98-19 S 308'h St: 81 Ave S - 14' Ave S: Install curb, gutter, sidewalks 5,330 92-11 SW Campus Dr: I Ave S - 7'h Wy SW: Widen lanes/sidewalk 2,073 00-16 SR 99 A Spring Valley Montessori School: Add NB left -turn lane 6,977 95-20 Milit Rd S: S 320'h St - SR 18: Widen to 3 lanes 38,373 t.. Revised 023-W4 5 III-69 FWCP - Chapter Three, Transportation 00-06b S 3141b St: 20 Ave S - 23' Ave S: Add sidewalks and street lights 23 2,6E 98-41 1 11 Ave S: S 292°d St - S 312te St: Shoulder improvement (24) 3,7 i 16-30 S 3361b St: SR 99 - 201b Ave S: Add sidewalk north side (25) 63 16-29 215t Ave S: S 316tb St - S 3202b St: Install sidewalk on west side 26 1,35 16-27 SR 509: 11tb PI S - 16'b Ave S: Install sidewalk on south side 27 1,5C 16-28 201b Ave S & S 316te St: I nstall sidewalk on east and south sides 29) 3S 98-39 91b Ave S: S 33211d St - $ 34 '" St: Wid n for Bike anus 6" 98-42 S Park Ride Trail: R99 (2a nd - S 34811 A 9": Extend Trail I,g 22-01 S 3191" PI: PVR Way S - 2151 Ave• Install sidewalk on south side 75 BPA Trail Extension: Celebration Park - Federal Way Transit Center: Install multi -use 22-02 path on north sidc of S 324" Street and west side of 23rd Ave S 7 C 22-03 SR 99: S 3361" St - S 359'" St: Install buffered bike lanes 10.0C 22-04 SR 99 na S 34811 St: Non -motorized safety improvements 2C 22-05 SR 18 9 SR 161: Non -motorized satety improvements 2C 22-06 SR 161 S.352"d St: Non -motorized safety improvements 2( 22-07 SR 161 na. SR 18 Westbound Ram : Non -motorized safety improvements 2C 22-08 SR 161: SR 18 - Milton Rd S: Construct buffered bike lanes 5 OC 22-09 S 359" $t Stairway: Construct stairway connectine S 3591h t and SR 161 2.5C 22-10 S 359" St: SR 99 - 161" Ave S: Construct sidewalks 4 OC 22-11 16t" Ave S: S 3591" St - S 364" St: Construct sidewalk on cast side IOC 22-12 Milton Rd S: SR-161 S 3691" St: Construct sidewalk and bike lane on west side Is5C 22-13 North Fork West Hvlebos Trail: S 3591b St - 8'" Ave S: Construct trail and boardwalk 1,01 22 14 S 360" St n. I-5: Construct non -motorized crossing over 1-5 6.Of. -City Cxpeaditturu --� Provision of transportation facilities and services requires the timing of new projects to meet the needs of the community. At the same time, existing facilities must be maintained and the public's investment protected, maximizing the life of the infrastructure. The purpose of this section is to describe various strategies available to the City to implement the preferred transportation and land use plan. Revised 02328I-5 III-70 FWCP - Chapter Three, Transportation The preferred plan proposes a balanced investment among modes of travel, providing mobility options and increasing the commitment to travel by transit, ridesharing, bicyclists, and pedestrians. The implementation plan for Federal Way focuses on the next six -year time period within which to forecast needs and to identify reliable options for transportation funding. Financing The purpose of a transportation financing strategy is to develop an adequate and equitable funding program to implement transportation improvements in a timely manner. Without adequate funding the transportation plan cannot be implemented in an efficient and cost- effective manner. The financing program recognizes various user groups and modes. Revised 023204-5 III-71 FWCP - Chapter Three, Transportation City CI Of Federal Way Comprehensive Plan Cdy of Fedeal Way Map III -19 CP Cate: Deml fty 2022 cIs MOsnn FedeaBWay WA 99003 2016-2040 Capital Improvement Plan 25X&VTOCO Des Kent Moines s ndst Puget Sound 0 eetn St ©� -® N Federal m ® In, p M N W © ® m 1 w� t�i 0 © �t m m Federal r P.A.A EM © 3"tn st w szan 56j ow s Nm m m © © Au TFederal f a Way c L vi C3 tiara PkWY Q w ca © St Q g Tacoma © S saeth s c -© Federal Way f• 1) �s6fh Se PA.A. h � v Legend°s Q*'7 h ®�6 0 City Limits s Potential Annexation Area q° b� ® 1 Street Improvements a. N Corridor Improvement N Non -Motorized Improvement Milton • Intersection Improvement tJ Fife Edgewood Transportation Element city or Federal Way This map is intended for use Centered on Opportunity scale as a graphical representation. 0 o.s t The City of Federal Way makes a)a3aeA'PW\PMPM%CMPLMUpd31es12016_2000CIP.nud Miiiiiia Miles no warranty as to its accuracy Revised TW2,C45 III-72 FWCP - Chapter Three, Transportation Funding sources are not fixed and require annual review and reprogramming. Where non - City funds are sought, the City's projects may be competing for limited funds. Without attention to financing requirements, the operation, maintenance, and expansion of the transportation system will not occur in a timely fashion. Estimates of Revenue The last five years (2009 to 2014) of financial revenues were reviewed. Table III-11 presents annual revenue estimates for six existing sources of revenue for transportation capital improvements for the City of Federal Way. Each source of revenue has a low estimate, a high estimate, and the average of the two. It should be noted that the City has been successful to attaining state and federal grants, with roughly two-thirds of revenue from these sources. Table III-11 Estimates of Specific Revenue by Sources 2015-2040 ($ Millions) 1. Federal Grants — Annual Average 1.2 2.5 1.9 2. State Grants - Annual Average 1.4 2.9 2.2 3. Motor Vehicle Fuel Tax 0.2 0.4 0.3 4. Road/Street Maintenance 0.2 0.4 I 0.3 S. Traffic Mitigation 0.2 0.4 0.3 6. ITransfer from Other Sources such as Real Estate Excise Tax and Community Development Block Grants 1.1 I 2.3 1.7 The estimate of each of the existing revenue sources listed in Table III-11 is described below in Existing Revenues for Transportation Capital Projects, with existing revenue sources numbered 1 through 6. Existing Revenues for Transportation Capital Projects Federal Grants —Annual Average (net of Committed Grants) The estimate is based on the annual average of $2.5 million of federal grants received by the City since 2009.The low estimate of $1.2 million is based on 50 percent of the historical average, while a high estimate of $2.5 million is based on 100 percent of the historical average. The average of these values is $1.9 million. Revised 023:24455 III-73 FWCP - Chapter Three, Transportation 2. State Grants — Annual Average (net of Committed Grants) The estimate is based on the annual average of $2.7 million of state grants received by the City since 2009. The low estimate of $1.4 million is based on 50 percent of the historical average, while a high estimate of $2.9 million is based on 100 percent of the historical average. The average of these values is $2.2 million. 3. Motor Vehicle Fuel Tax The Street Fund was established to account for the receipt and disbursement of state levied unrestricted motor vehicle fuel taxes, which must be accounted for in a separate fund. The Street Fund is used primarily for ongoing operating and maintenance expenses of the street system. However, the City transfers a portion of the Street Fund money to the City's Capital Improvement Program (CIP) for transportation projects. The estimate is based on the annual average of $311,000 received by the City since 2009. A low estimate of $155,000 is based on 50 percent of the historical average. The high estimate of $311,000 is based on 100 percent of the historical average. The average of these values is $233,000. 4. Road and Street Maintenance The Street Fund funds ongoing operations and maintenance of the Federal Way street system. Since 2009, an annual average of $371,000 has been allocated from this fund. A low estimate of $186,000 is based on 50 percent of the historical average. The high estimate of $371,000 is based on 100 percent of the historical average. The average of these values is $278,000. 5. Traffic Mitigation Federal Way assesses traffic impact mitigations for new developments through a combination of impact fees for system -level improvements and SEPA traffic mitigation for site -specific impacts. The City has collected an annual average of $432,000 in traffic mitigation fees since 2009. Prior to 2010 the City also collected SEPA-based mitigation fees for system -level improvements. When impact fees were adopted, the SEPA mitigation was limited to site -specific impacts. A low estimate of $216,000 is based on 50 percent of the historical average. The high estimate of $432,000 is based on 100 percent of the historical average. The average of these values is $324,000. 6. Transfer from Other Sources Federal Way also uses funds from other sources, such as real estate excise taxes (REET) and community block grants, to fund many types of infrastructure improvements, including transportation projects. This estimate is based on an average of $2.3 million transferred from other sources since 2009. A low estimate of $1.1 million is based on 50 percent of the historical average. The high estimate of $2.3 million is based on 100 percent of the historical average. The average of these values is $1.7 million. Revised 103201-5 III-74 FWCP - Chapter Three, Transportation Future Revenues for Transportation Capital Projects A key GMA planning requirement is the concept of fiscal restraint in transportation planning. A fiscally constrained transportation element must first allow for operation and maintenance of existing facilities, and then capital improvements. To introduce fiscal constraint into the plan, an inventory of revenues and costs was undertaken to identify funds that are likely to be available for capital construction and operations. The proposed transportation element for Federal Way contains a variety of projects that would cost approximately $850 million over 25 years. Table 111-12 summarizes the costs of the major types of transportation investments by type. The transportation element focuses on capital projects that will help the City achieve its mobility goals. The plan also includes ongoing pavement maintenance to ensure that the roadway network is kept in good condition. Table III-12 Costs of Federal Way Transportation Element (25+ years) Intersections Traffic signals and roundabouts 4-6 Streets Street extensions and widenings 20-25 Multimodal Projects Sidewalks, trails, bike lanes, and downtown investments 14-16 Maintenance Overlay and pavement repair, lighting, signal operations, snow removal 15-20 *Costs denoted in millions It is worthwhile to note that average annual funding for transportation (including maintenance) in the City of Federal Way has averaged around $9 million in recent years. Revenues include those from outside sources and grants, general city funds, real estate excise taxes, impact fees, and gas tax receipts. The City aggressively pursues federal and state funding sources for transportation projects in order to maximize the use of City funds to maintain City streets and fund improvements to streets that would not fare well in grant -funding selection criteria. Based on the data in Table 111--11 (Estimates of Specific Revenue by Sources 201E-2040 [$ Millions]) the City's existing revenue sources could generate between $110 and $220 million over the next 25 years. The comparison of revenues to costs indicates that the City will need to carefully prioritize its projects, since not all of the transportation needs are likely to be affordable with existing revenue sources during the 25-year period. Ifthis occurs, the City has several options: Revised OD2415 III-75 FWCP - Chapter Three, Transportation • Increase the amount of revenue from existing sources, including impact fees, real estate excise taxes, transportation benefit district, or increased general fund revenues. Adopt new sources of revenue: o Proceeds from general obligation bonds o Creation of Local Improvement Districts o Reciprocal impact fees with adjacent jurisdictions o Business license fee per employee o The City can explore the feasibility and likely revenue amounts from these or other sources as the plan is implemented over the next several years. • Lower the level of service standard, and therefore reduce the need for some transportation improvements. ti Note that the City could also weigh changing the land use element to reduce the amount of development planned (and thus reduce the need for additional public facilities). However, overflow from congested freeways would be likely to congest City arterials regardless. Transit Funding Operating funding f'or transit services primarily comes from local (regional) sales tax revenues, farebox revenues and in the case of Sound Transit, a Motor Vehicle Excise Tax. Capital funding primarily comes from federal grants. METRO bus service is allocated to three subareas of King County, the East, South, and West (Seattle/north suburban) subareas. The West subarea has 63 percent of the bus service. Due to the 2008 recession, METRO modified criteria f'or allocating transit service, and Federal Way had somewhat less service cuts than many cities in the South subarea. The current economic recovery allowed King County to stave off further planned service reductions, and is developing a long range plan to build support f'or a new revenue package Revised 1023244-5 III-76 FWCP - Chapter Three, Transportation Revised IM2291-3- III-1 APPENDIX III -A: Federal Way Comprehensive Plan — Appendix III -A: Street Design Guidelines {ylpr•• :LIP 3' 1 Ir 1 6' 12' 11' 11' 11' 6' 12' W sb..wt naa, rav LATum R1e �1T — 16' —-12' —� Median (where LT not needed) W 12W $' Stterwa: N04 LeftTu 7um l �— 12' - — I-- 14' 12' Wdlen )where LT not needed) S4' 100' Roadway Cross Section A & B 11' 12' 1 6 1 W Nov ssv I sr.e Cross Section A 4 Lanes + HOV + Median Cross Section B 4 Lanes + HOV + Median In City Center FIG. III-3 (a-b) Revised 2023 Page 1 Federal Way Comprehensive Plan — Appendix III -A: Street Design Guidelines 3' L 8' 61 _III S_ 11' + 11' + 11' +6' 12' + 11' �5' 6' & J 3' J� 50-1 ►►rlw I �Ya lth Turn IICIV�vb�.r Sldwni . �r�P 12' 4-- iv F 1 z —� Medan (where LT not needed) 72' 106' 3' 1 z 5' 11' i 11' 11' i 6' , 12' 11' 5' 12' 13. Ud• SlbwOt no LeRTurn I Bike I sidwst UM smp F-12' 16' i1z —1 9ep Moedl- (where LT riot needed) 72' 102' Roadway Cross Section C & D Cross Section C 4 Lanes + Bike + Median Cross Section D 4 Lanes + Bike + Median In City Center � crto oa wc-dFIG. III-3 (c-d) Revised 2023 Page 2 Federal Way Comprehensive Plan — Appendix III -A: Street Design Guidelines O""u 3' B' 6' _ 12' 11' 11' +0 + 12' 12' 6' 9' J 3' UOL atlrwlk A.MN INr TUm UdL saw Snip [-12' -- 16'--�-12' —� Median (where LT not needed) 64' 9W y pg= 3' ( 12' ry 12' 11' 11' 6 12' IT 12' 3' UiL Ski-0, LeRTurn sb-8, WL snq 12' 16' 12' I stAP Median (where LT not needed) 64' 94' Roadway Cross Section E & F ofia 0 v�� Cross Section E 4 Lanes + Median Cross Section F 4 Lanes + Median In City Center FIG. III-3 (e-f) Revised 2023 Page 3 Federal Way Comprehensive Plan — Appendix III -A: Street Design Guidelines Cross Section G �1 a 5 Lanes +Bike 3'1�8' 1 6'* 5' 11' 11, 12' 11' 11, 5' 6'* 8' 1 3' M. Sidewalk pmhiw wk. Oka a+ler Srd.wdk UMI sw 66' 100' Cross Section H 13'1�12'* 1 6' 11' 11' 1. 12' 11' 11' 12'* 3',2 5 Lanes + Bike UIII. Sidewalk Sidewalk UM Sblp Plante SDip In City Center 56' 96' Roadway Cross Section G & H �Ca ao�v��,, FIG.III-3 (g-h) Revised 2023 Page 4 Federal Way Comprehensive Plan — Appendix III -A: Street Design Guidelines 4 r1i en- 3' L 6' 6' 17 11' 12' 11' l2' 6' I 8' J 3' as.ue punbrr� Come, Lam KIM. sk'w..! ud. Sblp SB' 92' _�W v�l 1 1 - OW.- 3' , 12` 12' 11' 12' 11' 12' 1 Y 3' Ul SIMwNk OnRrlin. Sid—Wk WI. f01p WP S8' so, Roadway Cross Section I & J Cross Section I 5 Lanes Cross Section J 5 Lanes In City Center GIQe�%v� FIG. III-3 (i-j) Revised 2023 Page 5 Federal Way Comprehensive Plan — Appendix III -A: Street Design Guidelines 3 L 8 —6 S� �� 1T �� s. 6� 8 J3' RA sd...ai AM. Eft rA.M,U" � Wwr SNwNY Utll � ssnp 44' 78' 4 ;l TOM_ s' ,r s 11'i ,z � i, i s ,r 13 utu. 9a rh Bike ararune Wks vd—lk ua SWW s« 44' 74' Roadway Cross Section K & L ^ Qafr6► 0I�! Cross Section K 3 Lanes + Bike Cross Section L 3 Lanes+ Bike In City Center FIG. III-3 (k-1) Revised 2023 Page 6 Federal Way Comprehensive Plan — Appendix III -A: Street Design Guidelines 4 3' a' 5' _ 12' 12' s 12' 6' 8' 3'I ki Stlwwk Pl�nq Sararl��a IfwAe Slde��k W.1 SbtO 36' 70' 3' L 12' B 11' jI 12' 11' 9' lI 12' 3' Iltll 9Mr+lk PM" Canteran, I sawrk ual Sap SMP Su' BO' Roadway Cross Section M & N MY 67 � go M ar . 7 J NkYkr Cross Section M 3 Lanes Cross Section N 3 Lanes + Parking In City Center I FIG. III-3 (m-n) Revised 2023 Page 7 Federal Way Comprehensive Plan — Appendix III -A: Street Design Guidelines iCross Section O 3' 8 6' S'� 12' l 12' S' b' 0' 3' 2 Lanes + Bike Udl Ld-1k ihirar �b 61ka Ruh1 9tlerilk WI. Ship WP 34' 68' Cross Section P 2 Lanes + Ditch 10' 4' y 12' I 12' 4' L i_ Droch a I Dkch UuL 4 Sbl p 1 32' 70' Roadway Cross Section O & P �araI'Ay FIG. III-3 (o-p) Revised 2023 Page 8 Federal Way Comprehensive Plan — Appendix III -A: Street Design Guidelines rl 4 if lI 3' j 12' - B' T 12' IX a, 12' 13' WI• sw. k P@WM9 T MO&V Fdnrlc uu strip svp 4W 7V .ice. fir, •.:;r, . .: `�+1':. 'r �-1 3' 6r 4, e' y 12' �' 4' 1 6' 3 StrLI Pae T� T strip P 4W 66' Roadway Cross Section Q & R Cross Section Q 2 Lanes + Parking In City Center Cross Section R 2 Lanes + Parking ^. Dina* rufv;y FIG. III-3 (q-r) Revised 2023 Page 9 Federal Way Comprehensive Plan —Appendix III -A: Street Design Guidelines Roadway Cross Section S & T eTq. rrXM,�.% FIG. III-3 (s-t) Revised 2023 Page 10 Federal Way Comprehensive Plan — Appendix III -A; Street Design Guidelines Roadway Cross Section U & V Lrz0 Vvnuq,r FIG. III-3 (u-v) Revised 2023 Page 11 Federal Way Comprehensive Plan — Appendix III -A: Street Design Guidelines w. ' Cross Section W 1 Lane 3' I 5' 14-1 W 12' N N ! 5' 13' P." �n + Parking � s�� 2T 52' Cross Section X 2 Lanes _ 9' 5' �8 10' 1W a'W' S' j3• +Ditch Dkh Dkc In UOL ►b WP 27 52' Roadway Cross Section W & X Ada-o `A-S FIG. III-3 (w-x) Revised 2023 Page 12 Federal Way Comprehensive Plan — Appendix III -A: Street Design Guidelines �3' 5' 11 10' 4 3' � W. �ybp saa 20' Cross Section Y Infill Cul-de-sac 36' Y Cross Section Z Cul-de-sac Terminus 3' 5' 32' 26' 32' S' 3' C." W-a IrF um. W9 f 9tnV 90' 106' Roadway Cross Section Y & Z err es Y'Jbw FIG. III-3 (y-z) Revised 2023 Page 13 Federal Way Comprehensive Plan — Appendix III -A: Street Design Guidelines Special Cross Sections Path Section Non -Motorized Path 7 FIG.111-4 Revised 2023 Page 14 COUNCIL MEETING DATE: February 21, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 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: 2/6/2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven, CD Director DEPT: Community Development Attachments: 1. Staff Report (January 23, 2023) 2. Staff Report (December 5, 2022) 3. Ordinance Options Considered: 1. Approve the proposed code amendment. 2. Allow the proposed code amendment to die in Committee. MAYOR'S RECOMMEND_A;WON: Option 1 MAYOR APPROVAL: Initial DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward approval of the proposed ordinance to First Reading on February 21, 2023. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (2/21/23): "I MOVE TO FORWARD APPROVAL OF THE PROPOSED ORDINANCE TO THE 317123 COUNCIL MEETING FOR ENACTMENT. " SECOND READING OF ORDINANCE (3/7/23): ` 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 — 11/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: 23 January 2023 TO: City Council VIA: Jim Ferrell, Mayor FROM: Keith Niven, CD Director - SUBJECT: Iconic Signs Financial Impacts: There are no Financial Impacts to consider. Background Information: The proposed Ordinance to adopt new regulations into Title 19 for Iconic Signs was remanded by the City Council to the Land Use & Transportation Committee on 3 January 2023. The Council comments included the following: 1. Consider making the process a UP IV (Hearing Examiner decision) 2. Limit to Downtown only 3. No free-standing signs, limit to building only Approval Process By increasing the proposed process from a UP (Use Process) III to a UP IV, the Council would be indicating these decisions for sings should include a hearing conducted by the Hearing Examiner. Staff response: This adjustment would add time and cost to the process, but would create a formality to the process that would give either the public or nearby businesses a venue to express their concerns. Either UP III or UP IV is a viable outcome. Downtown "Downtown" is being defined in code as a sub -geography of the City Center. The original proposal was for the proposed code to be applied to the City Center Core only. This would be approximately 202 acres. By limiting the applicability of the code to the Downtown, the number of acres would be reduced to approximately 192 acres. Staff response: This proposed code is intended to allow for Iconic signs to be permitted in a distinct part of the City as a way to help identify that portion of the City to residents and visitors. If the Council has concern over the outcomes of adopting this code language, limiting it to a smaller number of properties would reduce the number of iconic signs built in the City. However, the difference between the CC-C zone and Downtown (approximately 10 acres), does not provide much of a reduction. Building only Rev. 6/2020 Financial Impacts: Background Information: Proposed Code Amendments (Purpose): Procedural Summary: 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 approval. 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: 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 i5 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 I of 22 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 22 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. CCGS 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 f'or 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. Section 3. FWRC 19.05.190 is hereby amended to read as follows: Ordinance No. 22- Page 3 of 22 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. Painted wall designs or patterns which do not represent a product, service, or registered Ordinance No. 22- Page 4 of 22 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 for safety purposes only and, therefore, shall point toward the ground and not illuminate the canopy. (See also "marquee sign.") Ordinance No. 22- Page 5 of 22 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. Figure 2 — Cabinet Sign (9) "Canopy sign" means the same as "awning sign." Ordinance No. 22- Page 6 of 22 (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. (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 Ordinance No. 22- Page 7 of 22 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 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, directional signs, warning signs, informational signs, and signs displaying a public service message. (21) "Iconic sign" means a sign containing exclusively commercial messages that, through design and artistic expression unrelated to its message, is culturally significant to the region or Ordinance No, 22- Page 8 of 22 community. and will serve a placemaking function either upon completion or with the passage 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. (256) "Menu board" means a permanently mounted sign advertising the bill of fare for a drive- in or drive -through restaurant. (2Q) "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.) (278) "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. (289) "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. Ordinance No. 22- Page 9 of 22 (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). (312) "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. (343) "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. (356) "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. (367) "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 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. (378) "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 Ordinance No. 22- Page 10 of 22 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.) (399) "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.). (3W) "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. (412) "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. (4L3) "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.). (434) "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." Ordinance No. 22- Page 11 of 22 (4-6) "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 (467) "Real estate, on -site sign" means a sign placed on the subject property and announcing the sale or rental of the subject property. (478) "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. (489) "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. Ordinance No. 22- Page 12 of 22 (581) "Tenant directory sign" means a sign for listing the tenants or occupants and then suite numbers of a building or center. (54-2) "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. (536) "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 Ordinance No. 22- Page 13 of 22 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. G+r+o+c+s+r+y - Sign Ares 1 I- - -'e* — i 7 THEATER VIDEO SHOES 'd- DEL I J'e e x ( D+c+d+e > = Sign Arne I -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. Ordinance No. 22- Page 14 of 22 "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. "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. Ordinance No. 22- Page 15 of 22 "State Environmental Policy Act" means Chapter 43.21C RCW. "Storm drainage " means the movement of water, due to precipitation, either surficially or subsurficially. "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. Ordinance No. 22- Page 16 of 22 (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 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 Ordinance No. 22- Page 17 of 22 complex, the street providing direct vehicular access is the exterior street that borders the complex and not an internal street surrounded by the complex. "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, Ordinance No. 22-— Page 18 of 22 forming a tower which is usually triangular or square in cross-section. (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 signs. (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 revien+ process. 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 a 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 19 of 22 with the passage 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) Crileria. The city may grant the iconic sign only if it finds all of the following:, (a) The proposed 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 sign is consistent the applicable provisions of the comprehensive plan. including with goals and/or policies of the comprehensive plan; (e) The proposed iconic sign, through design and/or artistic expression unrelated to its message, is significant to the community or region; (fl The proposed materials and/or design is representative of a particular period of construction and/or demonstrates extraordinary aesthetic quality, creativity, or innovation: (g) The proposed iconic sin is expected to serve a placemaking function either upon completion or with the passage of time. A sign serves a placemaking function when it serves a wayfindinp- function for the community; (h) The proposed iconic sign exhibits characteristics that enhance the streetscape and/or identity of the city center core (CC-Q. and, it clearly provides a recognizable architectural style and appearance: (i) Approval of the proposed iconic sign 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; (j) The proposed iconic sign is appropriately scaled with the building; Ordinance No. 22-_ Page 20 of 22 (k) 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, (m) The proposed iconic sign is not an off -premise sign. (5) Conditions and restrictions. As part of any approval of a permit under this section. the city may impose any conditions. limitations, or restrictions it considers appropriate. The city may also require a performance bond under FWRC 19.140.110 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. PASSED by the City Council of the City of Federal Way this day of 2023. [signatures to follow) Ordinance No. 22-— Page 21 of 22 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 22- Page 22 of 22 COUNCIL MEETING DATE: February 21, 2023 ITEM #: r . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERLOCAL AGREEMENT WITH WA COMMERCE - CLIMATE POLICY QUESTION: Should the City enter into an interagency agreement with WA Department of Commerce to reimburse the City for consultant costs related to developing the Climate Chapter of the Comprehensive Plan? COMMITTEE: Land Use & Transportation MEETING DATE: Feb 6, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Bearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven, CD Director DEPT: Community Development Attachments: 1. Staff Report 2. Interagency Agreement Options Considered: 1. Authorize the Mayor to enter into the interagency agreement. 2. Do not authorize the Mayor to enter into the interagency agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: DIRECTOR APPROVAL:lu�') I ` 10, `-3 COMMITTEE RECOMMENDATION: I move to forward the proposed interagency agreement to the February 21, 2023, Consent Agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the interagency agreement and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2020 RESOLUTION # Rev. 7118 -k Washington State 9409 Commerce Interagency Agreement with For City of Federal Way through Washington State Department of Commerce Local Government Division Growth Management Services Early Implementation Climate Planning Grant Start date: July 1, 2022 TABLE OF CONTENTS Special Terms and Conditions 1. Authority...............................................................................................1 2. Contract Management............................................................................................1 3. Compensation ....... ......... ......................................................................................... 1 4. Expenses.............................................................................................1 5. Billing Procedures and Payment..........................................................................1.1 6. Insurance.............................................................................................2 7. Subcontractor Data Collection...............................................................................2 8. Fraud and Other Loss Reporting............................................................... 2 9. Order of Precedence..............................................................................................2 General Terms and Conditions 1. Definitions..............................................................................................................3 2. All Writings Contained Herein................................................................................3 3. Amendments..........................................................................................................3 4. Assignment .... ........ ............... ...__......................................... ................................... 3 5. Confidentiality and Safeguarding of Information....................................................3 6. Copyright .................................................. ............................................ ................. 4 7. Disputes.................................................................................................................4 8. Governing Law and Venue....................................................................................4 9. Indemnification....................................................................................................... 5 10. Licensing, Accreditation and Registration.............................................................. 5 11. Recapture .............. ................ ............................................. .................................... 5 12. Records Maintenance............................................................. 13. Savings..................................................................................................................5 14. Severability.............................................................................................................5 15. Subcontracting................................................................................................... .. 5 16. Survival..................................................................................................................6 17. Termination for Cause...........................................................................................6 18. Termination for Convenience.................................................................................6 19. Termination Procedures .... ..................................................................................... 6 20. Treatment of Assets...............................................................................................7 21. Waiver .................. ......... ......................................................................................... 8 Attachment A, Scope of Work Attachment B, Budget FACE SHEET Contract Number: 23-63333-108 Washington State Department of Commerce Local Government Division Growth Management Services Early Implementation Climate Planning Grant 1. Contractor 2. Contractor Doing Business As (optional) City of Federal Way n/a 33325 — 81 Avenue S Federal Way, WA 98003-6325 3. Contractor Representative 4. COMMERCE Representative Keith Niven Sarah Fox PO Box 42525 Planning Manager Climate Program Manager 1011 Plum St. SE 253.835.2643 (360) 725-3114 Olympia, WA 98504 Kcith.niven@cilvofl'ederalway.com Sarah.fox@commerce.wa.gov 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $80,000 Federal: ❑ State: ® Other: ❑ N/A: ❑ July 1, 2022 June 30, 2023 9. Federal Funds (as applicable) Federal Agency: CFDA Number n/a n/a n/a 10.Tax ID# 11.SWV# 12.UBI# 13.UEI# n/a SWV 00-1595700 601-223-538 n/a 14. Contract Purpose Develop goals and policies for comprehensive plan update that will achieve greenhouse gas emission reductions. 15. Signing Statement COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents hereby incorporated by reference: Attachment "A" — Scope of Work and Attachment `B" — Budget. FOR CONTRACTOR FOR COMMERCE Brian Davis, Interim City Administrator City of Federal Way Mark K. Barkley, Assistant Director Local Government Division Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL 08/2212019. APPROVAL ON FILE. SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall pay an amount not to exceed $80,000 for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work. 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number 23-63333- 108. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services. Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The grantee must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors_ & INSURANCE Each party certifies that it is self -insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 1 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 6. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Agreement performed by subcontractors and the portion of funds expended for work performed by subcontractors, including but not necessarily limited to minority -owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 8. FRAUD AND OTHER LOSS REPORTING Contractor/Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 9. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 2 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contractor, including any attachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMAT A. "Confidential Information" as used in this section includes i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and iii. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. B. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which the Authorized Representative has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Attachment A Scope of Work Steps/ Deliverables Description Conduct background research for new Chapter End Date 8/1/2022 I Action 1 Step 1.1 9/1/2022 Step 1.2 9/1/2022 Deliverable 1 Provide relevant research to be used in developing the RFP 111512022 Action 2 8/1/2022 Step 2.1 8/15/2022 Step 2.2 9/15/2022 Deliverable 2 Provide copies of proposals received Action 3 I Step 3.1 Step 3.2 9/15/2022 8/1/2022 10/3/2022 11/1/2022 Deliverable 3 Summary report of community engagement 12/1/2022 Action 4 Step 4.1 i 2/1/2023 4/3/2023 Step 4.2 6/7/2023 Deliverable 4 Minutes from Planning Commission recommending preliminary approval of the draft Chapter 6/15/2023 Budget Attachment B $ 5,000 $ 5,000 $ 5,000 $ 65,000 Total: $80,000 COUNCIL MEETING DATE: February 21, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERLOCAL AGREEMENT WITH WA COMMERCE - PERIODIC COMPREHENSIVE PLAN UPDATE POLICY QUESTION: Should the City accept a grant from the Washington Department of Commerce to assist with the City's periodic update of its Comprehensive Plan, and enter into an associated interagency agreement with Commerce regarding said grant? COMMITTEE: Land Use & Transportation MEETING DATE: Feb 6, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven, CD Director DEPT: Community Development Attachments: 1. Staff Report 2. Interagency Agreement Options Considered: 1. Accept the grant and authorize the Mayor to enter into the interagency agreement. 2. Do not accept the grant and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: z DIRECTOR APPROVAL: ncil �' ' nrtiaWate InitiaUDate Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposal to the February 21, 2023, Consent Agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the grant and authorize the mayor to execute the interagency agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED—11/2020 RESOLUTION # m Interagency Agreement with For Washin1ton State Department of Commerce City of Federal Way through Growth Management Services Contract Number: 23-63210-031 GMA Periodic Update Grant — FY2023 Dated: Date of Execution 7) pr-RIF[it 10401 Commeme Table of Contents CITYOF FEDERAL WAY...........................................................................................................................................1 TABLEOF CONTENTS............................................................................................................................................. 2 FACESHEET........................................................................................................................................................3 SPECIAL TERMS AND CONDITIONS.........................................................................................................................4 1. AUTHORITY..... ... ............................................................................................................................................ 4 2. CONTRACT MANAGEMENT............................................................................................................................. 4 3. COMPENSATION.............................................................................................................................................4 4. BILLING PROCEDURES AND PAYMENT............................................................................................................ 4 5. SUBCONTRACTOR DATA COLLECTION............................................................................................................ 5 6. INSURANCE..................................................................................................................................................... 5 7. FRAUD AND OTHER LOSS REPORTING............................................................................................................ 5 8. ORDER OF PRECEDENCE................................................................................................................................. 5 GENERAL TERMS AND CONDITIONS.......................................................................................................................6 1. DEFINITIONS...................................................................................................................................................6 2. ALLWRITINGS CONTAINED HEREIN ................................................................................................................6 3. AMENDMENTS................................................................................................................................................6 4. ASSIGNMENT..................................................................................................................................................6 5. CONFIDENTIALITYAND SAFEGUARDING OF INFORMATION.......................................................................... 6 6. COPYRIGHT.....................................................................................................................................................7 7. .... ............. DISPUTES..................................................................................................................................... .. 7 8. GOVERNING LAW AND VENUE........................................................................................................................ 8 9. INDEMNIFICATION.......................................................................................................................................... 8 10. LICENSING, ACCREDITATION AND REGISTRATION.......................................................................................... 8 11. RECAPTURE.....................................................................................................................................................8 12. RECORDS MAINTENANCE............................................................................................................................... 8 13. SAVINGS..........................................................................................................................................................8 14. SEVERABILITY..................................................................................................................................................8 15. SUBCONTRACTING......................................................................................................................................... 9 16. SURVIVAL........................................................................................................................................................9 17. TERMINATION FOR CAUSE.............................................................................................................................. 9 18. TERMINATION FOR CONVENIENCE................................................................................................................. 9 19. TERMINATION PROCEDURES.......................................................................................................................... 9 20. TREATMENT OF ASSETS................................................................................................................................ 10 21. WAIVER..........................................................................................................................................................11 ATTACHMENT A: SCOPE OF WORK......................................................................................................................12 ATTACHMENT B: BUDGET....................................................................................................................................13 Page 2 of 13 r0W 'VaSI'i11C 'ao Slate V40 Comriiei E Face Sheet Local Government Division Growth Management Services Contract Number: 23-63210-031 1. Contractor 2. Contractor Doing Business As (as applicable) City of Federal Way N/A Community Development 33325 — 8th Avenue South Federal Way, WA 98003 3. Contractor Representative 4. COMMERCE Representative Keith Niven Keri Sallee PO Box 42525 Planning Manager Senior Planner 1011 Plum St. SE (253) 835-2643 (564) 200-2338 Olympia, WA 98504 Keith.nivena-cityoffederalway.com keri.salleeCa)commerce.wa.gov Contract Amount 6. Funding Source 7. Start Date 8. End Date E5. $87,500 Federal: ❑ State: ® Other: ❑ N/A: ❑ Date of Execution June 30, 2023 9. Federal Funds (as applicable) Federal Agency: ALN N/A N/A N/A 10. Tax ID # 11. SWV # 12. UBI # 13. UEI # N/A SWV0015957-00 601-223-538 N/A 14. Contract Purpose Grant funding to assist the city with planning work for the completion the Growth Management Act (GMA) requirement to review and revise the comprehensive plan and development regulations under RCW 36.70A.130(5). COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope of Work and Attachment B - Budget FOR CONTRACTOR FOR COMMERCE Mark K. Barkley, Assistant Director Brian Davis, Interim City Administrator City of Federal Way Local Government Division Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE Page 3 of 13 V4111V c0IIIi1if`IVe Special Terms and Conditions AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall, pay an amount not to exceed eighty-seven thousand five hundred dollars ($87,500), for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work. 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services and deliverables provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly nor less than quarterly. The parties agree this is a performance -based contract intended to produce the deliverables identified in Scope of Work (Attachment A). Payment of any invoice shall be dependent upon COMMERCE'S acceptance of Contractor's performance and/or deliverable. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number 23-63210-031. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Grant Start Date COMMERCE will pay the Contractor for costs incurred beginning July 1, 2022, for services and deliverables described under this Agreement_ Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Page 4 of 13 ® vVashing:on Stale `iµ,a.,ni .. f Vie of CE1n"Adn" E�ic.e Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until acceptance by COMMERCE of the final report (or completion of the project, etc.). Line Item Transfers The total amount of transfers of funds between line item budget categories shall not exceed ten percent (10%) of the total budget. If the cumulative amount of these transfers exceeds or is expected to exceed ten percent, the total budget shall be subject to justification and negotiation of a contracts amendment by the Contractor and COMMERCE. Ineligible Costs Only eligible project -related costs will be reimbursed. Ineligible costs include, but are not necessarily limited to: capital expenses, such as land acquisition or construction costs; purchase of machinery; hosting expenses, such as meals, lodging, or transportation incurred by persons other than staff and volunteers working directly on the project; lobbying or political influencing; and other costs which are not directly related to the project. 5. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Contract performed by subcontractors and the portion of Contract funds expended for work performed by subcontractors, including but not necessarily limited to minority -owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 6. INSURANCE Each party certifies that it is self -insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. FRAUD AND OTHER LOSS REPORTING Contractor shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget Page 5 of 13 .O�, vvusl �u.Un Stile Ge{x neni of %Jq Gol ftWim General Terms and Conditions DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Washington Department of Commerce. C. "Contract" or "Agreement" or "Grant" means the entire written agreement between COMMERCE and the Contractor, including any Attachments, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" or "Grantee" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and Page 6 of 13 .1►� 1+s �_,I i� Slate wrtl of W. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law_ The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property_ rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority Page 7 of 13 .� •,. L-lashny cn State [)4a"menl of 9160,11" Commercc prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occurwithin the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. Page 8 of 13 .��r. ;;ast-my.rl sl�ie 1 �is� C;c>mmr�7•�•e 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE .reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDUR Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. Page 9 of 13 rng.uiI slelc DEW-rneril vi ��►� Coniilierce COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management Page 10 of 13 . Washing:on Slate Depa-:urent �jf 7-40 CcxnmeTve practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract. E. All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Page 11 of 13 Washing.on Stale Cc��•.ment pS ��►� C()r11I1if`Ii'E' Attachment A: Scope of Work Tasks / Actions / Description End Date Deliverables Task 1 Update to City Center and new Downtown section for new "Centers" chapter Action(s) Draft Goals, Policies and development 7/2022 regulations Action(s) Community Outreach 8/2022 - 2/2023 Action(s) Refine Goals, Policies, and development 5/2023 regulations Deliverable 1 Approved updated City Center Goals, Policies 12/31/2023 & development regulations and new Goals, Policies & development regulations for Downtown Task 2 Develop a placemaking plan for downtown Action(s) Select consultant & execute contract 1/2023 Action(s) Community Outreach 1/2023 - 4/2023 Action(s) Final Placemaking Report 5/2023 Deliverable 2 Draft Centers Chapter text (redline) 6/30/2023 incorporating Goals, Policies -and Actions from Placemaking report. Page 12 of 13 .If. Washing,orr State Attachment B: Budget SFY 2023 Task/Deliverable Commerce SFY 2023 Grant Funds Amount Deliverable 1 — draft new policies, $112,500 goals, and regulations for CC-C and downtown (part of updated vision for the City Center) Deliverable 2 — Placemaking plans for $50,000 Downtown Total Grant (SFY 2023 only) $87,500 $162,500 Page 13 of 13 COUNCIL MEETING DATE: February 21, 2023 ITEM #: -d -- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERLOCAL AGREEMENT WITH WA COMMERCE - HOUSING ACTION PLAN IMPLEMENTATION POLICY QUESTION: Should the City enter into an interagency agreement with WA Department of Commerce to reimburse the City for consultant costs related to implementation of the Housing Action Plan? COMMITTEE: Land Use & Transportation MEETING DATE: Feb. 6, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven, CD Director Attachments: 1. Staff Report 2. Interagency Agreement DEPT: Community Development Options Considered: 1. Authorize the Mayor to enter into the interagency agreement. 2. Do not authorize the Mayor to enter into the interagency agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: DIRECTOR APPROVAL 11 L 2.6'Z-� COMMITTEE RECOMMENDATION: I move to forward the proposed interagency agreement to the February 21, 2023, Consent Agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the interagency agreement and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2020 RESOLUTION # ` . Washington State ��►� Commerce Interagency Agreement with For City of Federal Way through Growth Management Services Housing Action Plan Implementation (HAPI) Grant to Implement an Existing Housing Action Plan Start date: Date of Execution TABLE OF CONTENTS Special Terms and Conditions 1. Authority...............................................................................................1 2. Contract Management............................................................................................1 3. Compensation........................................................................................................1 4. Billing Procedures and Payment............................................................................1 5. Insurance.............................................................................................1 6. Subcontractor Data Collection...............................................................................2 T Order of Precedence.............................................................................................. 2 General Terms and Conditions 1. Definitions.............................................................................................................. 3 2. All Writings Contained Herein................................................................................ 3 3. Amendments..........................................................................................................3 4. Assignment............................................................................................................ 3 5. Confidentiality and Safeguarding of Information....................................................3 6. Copyright................................................................................................................4 7. Disputes................................................................................................................. 4 8. Governing Law and Venue....................................................................................4 9. Indemnification....................................................................................................... 5 10. Licensing, Accreditation and Registration.............................................................5 11. Recapture...............................................................................................................5 12. Records Maintenance ....................... .... .................:.............................. ......... ........ 5 13. Savings..................................................................................................................5 14. Severability.............................................................. ... ........ ....................................5 15. Subcontracting.......................................................................................................5 16. .. Survival..................................................................................................I.............6 17. Termination for Cause................................................................. .. ........................6 18. Termination for Convenience.................................................................................6 19. Termination Procedures.........................................................................................6 20. Treatment of Assets............................................................................................... 7 21. Waiver ............................................. .......................................................................7 Attachment A, Scope of Work Attachment B, Budget FACE SHEET Contract Number: 22-63314-012 Washington State Department of Commerce Local Government Division Growth Management Services Housing Action Plan Implementation (HAPI) Grant 1. Contractor 2. Contractor Doing Business As (optional) City of Federal Way N/A 33325 8th Ave S Federal Way, WA 98003-6325 3. Contractor Representative 4. COMMERCE Representative Keith Niven Keri Sallee PO Box 42525 Planning Manager Senior Planner 1011 Plum Street SE 253.835.2643 360.725.3064 Olympia, Washington Keith.niven@cityoffederalway.com keri.sallee@commerce.wa.gov 98504-2525 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $100.000 Federal: ❑ State: ® Other: ❑ N/A: ❑ Date of Execution June 30, 2023 9. Federal Funds (as applicable) Federal Agency: CFDA Number NA NA NA 10. Tax 1D # 11. SWV # UBl # 13. DUNS# NA SWV 00-1595700 112, 601-223-538 NA 14, Contract Purpose Implementation of RCW 36.70A.600 grant funding to address housing affordability through implementation of selected strategies from the city's adopted housing action plan. 15. Signing Statement COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are govemed by this Contract and the following documents hereby incorporated by reference: Attachment "A" — Scope of Work and Attachment "B" — Budget. FOR CONTRACTOR FOR COMMERCE Mark K. Barkley, Assistant Director Brian Davis, Interim City Administrator City of Federal Way Local Government Division Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall pay an amount not to exceed one hundred thousand dollars ($100,000) for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the performance -based Scope of Work (Attachment A) and Budget (Attachment B). 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than quarterly. The parties agree this is a performance -based contract intended to produce the deliverables identified in Scope of Work (Attachment A). Payment of any invoice shall be dependent upon COMMERCE'S acceptance of Contractor's performance and/or deliverable. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number 22-63314-012. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. The grantees must invoice for all expenses by June 17, 2023. COMMERCE will pay Contractor for costs incurred prior to the start date of this Agreement, if such costs would have been allowable on or after July 1, 2021, the start date of the 2021-2023 biennium. To be allowable, such costs must be limited to the completion of tasks and deliverables outlined in the Scope of Work (Attachment A). Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. & INSURANCE Each party certifies that it is self -insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 1 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 6. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Agreement performed by subcontractors and the portion of funds expended for work performed by subcontractors, including but not necessarily limited to minority -owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 7. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 2 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contractor, including any attachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE, - and iii. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 3 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 4 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. ,RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 5 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 6 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which the Authorized Representative has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 7 Attachment A Scope of Work Further work associated with an adopted housing action plan to encourage construction of additional affordable and market rate housing in a greater variety of housing types and at prices that are accessible to a greater variety of incomes (RCW 36.70A.600(2)). In doing this work, cities are encouraged to prioritize the creation of affordable, inclusive neighborhoods and to consider the risk of residential displacement, particularly in neighborhoods with communities at high risk of displacement (RCW 36.70A.600(9)). This work includes the following strategies from an adopted housing action plan. x x x Strategy 5: Ensure that financial and regulatory incentives for mixed -income housing are effective. Strategy 6: Review school impact fees on multifamily housing. x * x Commerce will be monitoring the contracts biannually to review progress in meeting milestones, deliverables and invoicing. Steps/ Description Start Date End Date Deliverables Action 1a Evaluate effectiveness of existing 4/1/2022 6/1/2022 incentives developed by the City to facilitate housing production & review permitting prioritization effects. Step 1.1 Evaluate mandatory inclusionary zoning per 4/1/2022 6/1/2022 FWRC 19.110.010(2) regulations that requires that developments with 25 units or more provide 5% of total of rental units be affordable for households with incomes at 50% AMI. Step 1.2 I Evaluate optional density bonus per FWRC 4/1/2022 6/1/2022 19.110.010 (3)(a) that allows one bonus I market -rate unit for each affordable unit included in the project; up to 10% above the maximum density of the underlying zoning district. Attachment A Step 1.3 Review the city's multifamily dwelling unit 4/1/2022 6/1/2022 limited property tax exemption (also known as MFTE) program per FWRC 3.30 serving 80- 115% AMI. Step 1.4 Review permitting practices of peer cities 4/1/2022 6/1/2022 regarding prioritization of housing permits. Action 1 b Market evaluation and multifamily 4/1/2022 6l1/2022 development feasibility study Step 1.5 Evaluate property values and market 4/1/2022 6/1/2022 conditions for 2024 target year to account for impacts from operating LRT. Step 1.6 Provide construction costs for targeted 4/1/2022 6/1/2022 housing types (4+ stories with structured parking —ownership and rental). Include cost of required open space, parking, etc. Action 1c Review influence of impact fees and 4/1/2022 9/112022 system development charges on multifamily housing. Step 1.7 Engage with residential developers to 6/1/2022 9/1/2022 understand the influence impact fees have on their project proforma for multifamily and single family. Action I Draft findings of development regulation 5/1/2022 7/1/2022 and incentive review, market study, and impact fee analysis Step 1.8 Present draft analysis to the Planning 7/15/2022 8/3/2022 Commission at Study Session meeting Action le Gap analysis. Address the findings from 7/1/2022 1013012022 the development regulation and incentive review, market study, and impact fee analysis to effectively facilitate a more balanced housing mix in the City while meeting policy goals. Step 1.9 Quantify impediments (financial and 7/1/2022 9/1/2022 regulatory gaps/barriers) to housing development meeting 2044 housing target. Step 1.10 Review potential new housing development 7/1/2022 9/1/2022 incentives permitted under state law. Step 1.11 Identify strategies to attract condominium 7/1/2022 9/1/2022 development to increase homeownership opportunities in mixed -use zones. Attachment A 1 Existing Conditions - - i ReportDeliverable Analysis Action 2 Remediation Recommendation Report to 7/1/2022 12131/2022 address gaps to achieving a more balanced housing mix Step 2.1 Develop strategy the City can implement to 7/1/2022 11/1/2022 address the identified gaps. Identify code sections to be updated and adopted by June 2023 and future development regulations extending to 2024. Step 2.2 Seek feedback from stakeholders and 6/1/2022 9/1/2022 community. Step 2.3 Present remediation recommendations draft 11/1/2022 11/16/2022 to the Planning Commission at Study Session meeting 2 Final .. i remediationDeliverable to address gaps to achieving a Action 3a balancedreport more Prepare a program benchmark template 8/1/2022 2/1/2023 to track the use and effectiveness of the city's development incentive program(s). Step 3.1 Develop City tracking tool to track annual 8/1/2022 2/1/2023 housing production as a function of reaching adopted targets. Action 3b Policy audit and alignment for high 12/1/2022 4/1/2023 opportunity mixed use zones (CC-C, CC- F, BC) Step 3.2 Identify misalignments between remediation 12/1/2022 2/1/2023 recommendations and Comprehensive Plan policies for high opportunity mixed use zones that create barriers to meeting housing target and desired housing development. Step 3.3 Seek feedback from stakeholders and 2/1/2023 3/1/2023 community. Deliverable Draft ..ram benchmark template and 8/1/2i4/1/2023 Policy Recommendations Step 3.4 Internal review among City Departments 4/1/2023 4/15/2023 ProgramDeliverable Final . . Policy Recommendations Attachment A Action 4 Amend regulations based on HAP j 11/16/2022 6/15/2023 Strategies #5 and #6 to ensure existing financial tools (e.g., impact fees) and regulatory incentives for mixed -income housing are effective using findings from the remediation recommendations report. Step 4.1 Draft ordinances based on HAP Strategies 11/1/2022 12/15/2022 5 and 6 to ensure existing financial and regulatory incentives for mixed -income housing are effective using findings from remediation recommendations report. Step 4.2 SEPA checklist, public noticing, and 12/1/2022 12/31/2022 distribution of materials Step 4.3 Planning Commission public hearing 1/1/2023 2/1/2023 Step 4.4 Incorporate changes from Planning 2/1/2023 3/1/2023 Commission i Deliverable Draft developmenti implement remediation decrease recommendationsa existing barriersfinancial and regulatory housing production an. affordability the City. Step 4.5 Land Use and Transportation (LUTC) 3/15/2023 4/30/2023 Committee Meeting Step 4.6 Proposed code amendments presented to 5/1/2023 6/15/2023 City Council for adoption Deliverable Adopted . recommendations4b remediation . barriersdecrease existing financial and regulatory production.... Attachment B Budget Grant O. implementation0 HAP . regulatorymixed-income schoola HAP implementation of Strategy #6: Review .. multifamily housing. Evaluate stagnation in multifamily housing Commerce Funds development examining existing incentives anbarriers to the production of new housing. .proposing . process. . balanced mix in the city while g policy goals. Deliverable 1. Existing Conditions Report & Gap Analysis $25,000 Deliverable 2. Final remediation recommendations report to address gaps to $25,000 achieving a more balanced housing mix. Deliverable 3a. Draft Program benchmark template and Policy Recommendations $3,000 Deliverable 3b. Final Program benchmark template and Policy Recommendations $2,000 Deliverable 4a. Draft development regulations that implement remediation recommendations to decrease existing financial and regulatory barriers to housing $25,000 production and affordability in the City. Deliverable 4b. Adopted ordinances that implement remediation recommendations to decrease existing financial and regulatory barriers to housing production and $20,000 affordability in the City. Total: $100,000 NOTE: The final Deliverable(s) for this grant represents a minimum of twenty percent (20%) of the total grant award and payment is contingent upon submittal of a copy of the final deliverable(s). COUNCIL MEETING DATE: 2/21/2023 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FORMER TARGET BUILDING DEMOLITION BID AWARD POLICY QUESTION: Should the Council award the Former Target Building Demolition to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Feb. 6, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Omar Barron. PE Senior Civil Engineer V,!:f DEPT: Public Works Attachments: 1. LUTC Memorandum dated February 6, 2023. 2. Bid Tabulation Options Considered: 1. Award the Former Target Building Demolition to the lowest responsive, responsible bidder; Swofford Excavating, LLC in the amount of $373,789.50 together with a 15% contingency of $56,068.43 for a total amount of $429,857.93, and authorize the Mayor to execute the contract. 2. Reject all bids and direct staff to rebid the project and return to the Committee for further action. MAYOR'S RECOMMENDATION: The mayor recommends forwarding Option 1 to the February 21, 2023 City Council Consent Agenda f j proval. // r 2 MAYOR APPROVAL: DIRECTOR APPROVAL:` * -21 Z.!'ZD'L75 COMMITTEE RECOMMENDATION: I move to forward Option 1 to the February 21, 2023 consent agenda for approval. Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to award the Former Target Building Demolition to the lowest responsive, responsible bidder Swofford Excavating, LLC in the amount of $373, 789.50 together with a 15% contingency of $56, 068.43 for a total amount of $429, 857.93, and authorize the mayor to execute the contract. " (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 # Rev. 6/2020 FORMER TARGET BUILDING DEMOLITION PROJECT NUMBER 2022-06 BID OPENING DATE: JANUARY 31. 2023 BID TOTAL Engineer Estimate Price j Total Bid 1 Swofford Excavating, LLC Price Total Bid 2 Construction Group Inter. Price Total Bid 3 Skycorp, Ltd. Price Total Bid 4 Dickson Company Price Total $25.000.001 $25,000.0011 $25,000.001 $25,000.00 000.001 $25,000.00 $25,000.001 $25,000.0Q $25,000.001 $25,000.0011 i 3 I 4 4,5 0, 0 3 9, —0b .0 03,36600 $442,200.00 $464,400. Fo 43 884.5 34 289.E $40.739.97 $44 662.20 46.904.40 78,384.50 $373,789.50 444,f05.97 486,862.20 $511,304,40 Bid 5 Rivers Edge Environmental Bid 6 KDBS Environmental, Inc. Bid 7 Advance Environmental, Inc Bid 8 Ascendent, LLC Bi3 9 3 Kings Environmental, Inc Bid hem Amount Unit Price Total Price Total Price Total Price Total Price Total 1 1 FA $25,000.00 $25.000.001 $25,000.001 $25,000.00 $25,000.00 $25,000.00 $25,000.001 $25,000.00 $25,000.001 $25,000.00 1 4 1 1 3 $2,250.00 1 SUBTOTAL SALES) BID TOTAL $655-600.0 $720,556.00 $7B5,400.00 $58,89840 $66,215.6 $70,195.00 $72,776 16 S79,325.40 $639.870.66 $721,81580 3765,195,00 1793,332.16 $864,725.40 COUNCIL MEETING DATE: N/A ITEM #: L CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PARK IMPACT FEES POLICY QUESTION: Informational only item regarding initial consultant analysis on park impact fee. COMMITTEE: LUTC MEETING DATE: 2/6/2023 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Jason H. Gerwen DEPT: Parks Department Attachments: 1. Staff Report Options Considered: N/A, information only MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: 11,4712azi Inida /Date Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BYCITYCLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # to Rev. 7/18 COUNCEL MEETING DATE: N/A ITEM #:� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Recycling Lid Lift Project Update POLICY QUESTION: None. Info only. COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 6, 2023 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Colleen Minion, Public Education and Out each Supervisor DEPT: Public Works Reece Hobday, Public Education and Outreach Technicia � Attachments: N/A Options Considered: N/A MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVALV & Ii3lc?� Ininal/Date 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— 1/2022 RESOLUTION # None. COUNCIL MEETING DATE: N/A ITEM #: ` • CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROGRESS UPDATE ON SOUND TRANSIT PROJECTS IN FEDERAL WAY POLICY QUESTION: None. COMMITTEE: Lane Use and Transportation Committee MEETING DATE: February 6, 2023 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Kent Smith P.E., Sound Transit Liaison- .5 DEPT: Public Works Attachments: 1. Staff Report Options Considered: N/A MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: N/A N/A Council Initial/Date DIRECTOR APPROVAL: Initial/Date Jack Dove , Committee Chair Jack Walsh, Committee Member HoanTran, Committee Member PROPOSED COUNCIL MOTION: N/A TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2022 COUNCIL BILL # First reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 6, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Kent Smith P.E., Sound Transit Liaison e-5 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: • Removal of forms for the new girders over SW 3201h St has been partially completed. • Early landscaping work along 2 1 " Ave S just south of the transit center is expected early 2023. • Power and communications are being placed within the new street network within the site. • Steelwork for the Federal Way Station is ongoing. • Utility crossings and key installations along 23`d Ave S and S 3171h St are set for the beginning of February. • Landscaping, noise wall construction, systems ductwork, and MSE wall construction is ongoing along the corridor. • Prep work to construct the new concrete road for 23`d Ave S and S 3171h St has begun with installation of temporary signals and temporary widening at the intersection of 23`d Ave S and S 3171h St. OMF South: • No updates since last LUTC meeting in December. Tacoma Dome Link Extension: • Staff is continuing to work with Sound Transit on potential environmental constraints in the southern portion of the City. Rev. 6/2020 COUNCIL MEETING DATE: N/A ITEM #: O CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: HOUSING ACTION PLAN IMPLEMENTATION PRESENTATION POLICY QUESTION: This is an informational presentation only. COMMITTEE: Land Use & Transportation MEETING DATE: 2/6/2023 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Keith Niven, CD Director DEPT: Community Development Attachments: 1. Staff Report 2. Heartland Report Options Considered: N/A MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL C9 DIRECTOR APPROVAL: l �� 1z ,! /� C lu ec .&PI 7r ej)Ungo 1 1 1 Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED —11/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: 23 January 2023 TO: City Council VIA: Jim Ferrell, Mayor FROM: Keith Niven, CD Director J.T71_ SUBJECT: Housing Action Plan Implementation Presentation Financial Impacts: This agenda item is informational only. There are no Financial Impacts to consider. Background Information: The 2019 Washington State Legislature passed House Bill 1923, encouraging all cities planning under the Growth Management Act to adopt actions to increase residential capacity. In October 2021, the City Council approved the City's Housing Action Plan which provides a strategic road map for actions to encourage housing production, greater housing diversity, and expand housing choices. The city applied for grant funding from the Washington State Department of Commerce to implement Housing Action Plan strategies and was successfully awarded the $100,000 Housing Action Plan Implementation (HAPI) grant. In February 2022, the city issued an RFP requesting proposals and following a competitive process, the city entered into a Professional Services Agreement with Heartland LLC, a Pacific Northwest firm specializing in real estate advisory investment and economic analysis. The objective of the grant is to implement HAP Strategy #5: Ensure that financial and regulatory incentives for mixed -income housing are effective, and Strategy 46: Review school impact fees on multifamily housing. Evaluate stagnation in multifamily housing development examining existing incentives and barriers to the production of new housing and proposing new incentives and process improvements that will facilitate a more balanced housing mix in the City while meeting policy goals. The scope of the evaluation was limited to the zones where the City expects the greatest housing development to occur. Those zones include City Center Core (CC- C), City Center Frame (CC-F), and Community Business (BC). Grant deliverables include: 1. Evaluation of existing tools: Report on financial incentives and processes developed by the city to facilitate housing production. 2. Market evaluation: Multi -family development feasibility study (construction costs, land costs, and current rents) including a school impact fee analysis. 3. Gap analysis and remediation recommendations: Quantify impediments (financial and regulatory gaps/barriers) to housing development meeting 2044 housing target. Develop strategies the city can implement to address the identified gaps or barriers. Rev. 6/2020 COUNCIL MEETING DATE: N/A ITEM #: 1 . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WILD WAVES POLICY QUESTION: This is an informational presentation only. COMMITTEE: Land Use & Transportation MEETING DATE: 2/6/2023 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Keith Niven, CD Director Attachments: 1. Staff Report 2. Applicant narrative Options Considered: N/A MAYOR'S RECOMMEND ION: N/A MAYOR APPROVAL: 0A COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member PROPOSED COUNCIL MOTION: DEPT: Community Development APPROVAL: Initial/Date Committee Member �3 (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED Firstreading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11 /2020 RESOLUTION # Rev. 6/2020 The Enchanted Parks Property is owned by Jeffrey W. Stock descendents trust and Leanne M. Stock descendents trust under the entity of EPI Realty Holdings, Inc., and leased to EPR Properties for Park operations. The Property is subject to zoning and use provisions and development standards of a Concomitant Development Agreement between the City of Federal Way and Enchanted Parks, dated January 30, 1998, as subsequently amended (the "Agreement"). The proposal is to amend the Agreement to provide additional flexibility within the future uses allowed, and to extend the term of the Agreement. This proposed amendment does not change any approvals or development standards related to the Park use on the Property and does not include any proposed development. ,Request to extend Term of Agreement: Enchanted Parks requests that the term of the Agreement be amended to a 30-year term. The request to extend the term of the Agreement is to improve the ability of the Park operator to plan and finance improvements to the Park. The Park Operator has intentions to invest in new rides and improved amusement facilities, however, it requires a longer term to support intended business investments. The remaining term (approx. 15 years) is insufficient to support the level of amusement ride planning, permitting, and capital investment that would significantly improve the Park. .Request to Increase Flexibility for Future Uses: The proposed amendment would remove the five -acre lot size limitation for a possible future hotel on the Property, and it would increase flexibility to allow a possible future warehouse/distribution use on the Property. During the pandemic, the Park was forced to close entirely for the 2020 season. The closure forced the applicant to acknowledge the particular vulnerability of amusement parks to adverse situations like pandemics or earthquakes, and consider a potential future use transition. Enchanted Parks has no current intent to change from the existing Regional Commercial Facility Use, and fully supports the Park's continued operation, and it desires to better allow for other future uses allowed on the Property. For instance, the current 5-acre restriction for a future hotel use on the approximately 66.5-acre property does not allow adequate flexibility for the Property to operate at its highest and best use, and would force the property to be broken into multiple tenancies. Likewise, constraining a warehouse and distribution use to be allowed only as accessory to another principal use also diminishes the Property's future commercial function. Updating these use provisions now would streamline a future transition if needed, reducing the time during which the Property would sit idle, generating no revenue or use taxes and potentially attracting trespassers or other illegal activity. Des Moines PUGET POVERTY FLA SOUND BAY T U DY AREA Au urn Federal Way Tacom 2/6/2 3 KIIV;C CO U T Y PIERCE CO TY H E A R T L A N D W F-- W X w Introduction: Heartland N P A /AL)V IJt R T L A N D ASSET MANAGEMENT DEVELOPMENT STRATEGIES TRANSACTION SERVICES INVESTMENTS IiviPLEMENT STEWARD • Seattle -based real estate advisory and investment firm with 35+ years of experience ■ Clients include non-profit organizations, municipalities, counties, and real estate companies. ■ Heartland combines strategy development with analytical rigor and execution capabilities. 1I 17 A k T I A N D introduction: project Overview Problem Statement and Opportunity From the City Comprehensive Plan (Section 7.3): The [Study Area] consists predominately of auto -oriented retail Buildings are dispersed throughout the area and feature large surface parking lots. The [Study Area] lacks any identifiable sense of a downtown or urban center. There is little, if anything, distinctive about it. The character of the street environment is unfriendly to pedestrians in many locations. Light rail is under construction and planned to begin serving the Study Area starting in 2025. This massive level of public investment is anticipated to be a 'game changer' in terms of new residential demand. The City would like to build off the Housing Action Plan (HAP) done in 2021 and begin implementing the Plan. This work implements Objective 1: Promote new market -rate and affordable housing construction that expands housing choices and is inclusive to the community. Scope of work ✓ Phase 1 - Existing Conditions Heartland will review documents pertaining to analysis, tour the Study Area, identify and map buildable lands witFi the greatest propensity for redevelopment and review the zoning code. ✓ Phase 2 — Feasibiiity/Gap Analysis Heartland will assess current market conditions including land values, lease rates, cap rates and vacancy and pipeline by product type. Heartland will also research construction costs inputs_ With market values and construction costs, Heartland will develop a comparative residual land value tool to assess the impact of changes the city could potentially implement to positively impact development. ✓ Phase 3 — Community Engagement As part of the en agement,'Heartland will engage with property owners and developers to gather feedback and input from these stakeholders Heartland wilF present analysis and findings to the Planning Commission, Land Use and Transportation Committee, and the City Council. O Phase 4 — Implementation and Monitoring Heartland will assist the City to (a) craft changes to development regulations to better incentivize new housing development; (b) conduct a policy audit of the Comprehensive Plan; and (c) develop a Program Benchmark Template. III A k 1-1 A N U Existing Conditions: Study Area Context Study Area Selection Summary ■ The Study Area is comprised of over 400 parcels totaling 686 acres. ■ The Study Area boundary was defined by the extents of three (3) zones (shown in the map to the right)- Community Business (BC), City Center Core (CC-C), and City Center Frame (CC-F). ■ These zones allow for dense development and are being evaluated to understand how they can help the City meet desired housing targets and typologies. • The Study Area has two park and ride lots, and the transit center that is a part of the Sound Transit station development. • 41% of the Study Area is within a 0.5 Mile Radius of the future light rail station (281 acres). ■ The Study Area is intersected by 16 transit routes* providing access through the City and the greater region. Des Mo6ez •' U6E ,� STUDY + Nx\\\Am' Way Auburn Federal Way �r ` KING COUNTY Tacoma PIERCE Cpl7,(v '( STUDY AREA ZONING r;SC CommunftyBusiness Cf C City Center Core itrC•Fi city CrMuer Fr— CC9lannedActrOn BC 26S 334 CC-C 64 173 CC -F 88 179 Study Area 417 686 *Transit routes. 787, 782, 783, 777, 787, 793, 907, 903, 402, 500, 507, 574, 577, 578, 586, A Line I Des Moines FederalAl Wa y e r fOr»'NUMOM"I L L L L L 5 � a � 5 11 F A R T I A N D FU �j Existing Conditions: Land Use Summary By Land Use ■ Retail uses comprise 328 acres, or 48% of the Study Area, and represent the majority of the land use in the City Center zones. This retail segment is notably auto -oriented from our tour conducted on 7/14/2022 ■ Vacant land* is the next most prevalent land use designation by King County at 139 acres, or 20% of the Study Area. ■ Multifamily uses are primarily concentrated in the CC-F zone ■ Office is primarily spread across the BC zone Industrial 3.0 0.0 0.0 3.0 Lodging 2.6 11.2 1.9 15.6 MF 10.5 2.5 36.8 49.7 Office 35.6 8.1 12.9 56.6 Parking 4.9 1.7 1.9 8.4 Retail 113.0 107.8 107.1 327.9 School 38.3 0.0 8.4 46.8 Vacant 98.6 33.9 6.7 139.2 Single Family 14.2 0.0 0.3 14.5 Utility/Easement 5.0 3.1 0.0 8.0 Other 8.8 4.4 3.1 16.3 Total 334.5 172.6 179.0 686.1 *Note: these land use classifications are derived from King County assessor data, which does not directly translate to the vacant and developable land identified in the buildable lands analysis. Des Moines Federal * 'Way rauirrnmosrnrr+ A AVA.p 4, SIATNN(70.NI , Industrial _.. Lodging VIF Office it Parking b Retail r §r School { i Vacant Single Family Utility/Easement Other AI I � F ��-A_� NA �!i+ 1-1 E A R T I AN D Existing Conditions: Multi -Family Multifamily Overview ■ The Study Area contains just under 2,000 multi -family (MF) units across 18 projects ■ Three (3) of the apartment properties have been converted to condominiums, and represent 8% of the MF inventory ■ 52% of the MF units in the Study Area are senior housing ■ 38 affordable units have been provided since 2008 through the inclusionary zoning program as noted* in parentheses below CategoryIVIF .. - Apartments 783 8 Condos 161 3 Senior Housing 1,015 7 Total 1,959 18 Multifamily Properties in the Study Area Arbor Woods Apartments Brier Woods Chelsea Court Park Apartments Steel Lake Plaza Trinidad South Vantage Point At Redondo The Argyle Apartments Willamette Court (Senior) Meridian Court (Senior) Senior City (3*)(Senior) Lake Village Apts. Modrono Pork(Senior) Uptown Square (15*) Celebration Senior Living 11 (10*) (Senior) Celebration Senior Living I (Senior) MSC Veterans Housing - Traditions at Federal Way (10*) (Senior) Fede`ra! way "tt sourHn��yyo aeea iuKosi re SYk'�ONI+RN�I 1 1 ti 1 Apartments 1 ��• 1 Condos 4 � Senior Housing 5 11 11 F. A R T L A N D Existing Conditions: Buildable Lands Analysis Buildable Lands • Over 175 acres, or 26% of the Study Area, is classified as developable (either vacant* or underutilized). No existing housing was identified as redevelopable. ■ The BC zone contains almost half of the developable area in the Study Area (48%), and consists largely of vacant land (73 acres). • Notable properties classified as developable/redevelopable include.. ■ The Commons Mall (owned by Merlone Geier Partners) ■ The Former Ram Restaurant/Brewery • TC-3 aka the former Target (owned by the City) ■ The Sound Transit surplus properties ■ Hillside Plaza ■ Kitts Corner Heartland Buildable Land Analysis Methodology • Applied improvement ratios to each parcel (assessed Improvement value / total assessed value) it Identified Vacant( imp. ratio = 0%) ■ Identified undenAlized (imp. ratio <= 25%) • Removed parcels with 'significant improvements' (Assessed improvement Values <_ $2M) Removed flagged parcels for land use, ownership or other factors that will likely preclude near -term development. SW,NtfAluStMrr r a>Mp" S�JMWI%uo' 1 5f Des ; I " STUDYAREA Pipeline - Redewlopable OVamnr ZONING Community Business City Center com L 4 city Center Frame Federal, v � M 11+"If a y ; BC 12.0 73.0 : .. 0 m CC-C 52.9 8.6 CC-F 21.7 7.1 x =. Total 86.6 88.7Total r � Zone Developable Developable Study Area Area - Area Developable BC 85.0 48% 12% CC-C CC-F 61.5 28.8 35% 16% 9% 4% " rf Total 175.3 100°% 26°6 = - 1-IFARTLAND i; Regulatory Review: Zoning Code BULK AND MASSING Height (ft) ' 65' ' 70' - 200' 70' - 85' • 30' if within 100' of SF zone • Additional height over base awarded subject to 30' if within 100' of SF zone Director -approved streetscape amenities (e.g. Additional height over base awarded subject to benches, weather protection, water features, art, Director -approved streetscape amenities (e.g. transit stops with seating, bike racks, etc.) benches, weather protection, water features, art, transit stops with seating, bike racks, etc.) Setbacks 20' if/where abuts SF zone, otherwise none 20' front and 5' side and rear if Senior, otherwise Same as BC none. Min Density - None - Single -story buildings limited to 16,000 SF - None Open Space 150 SF/DU (100 SF/DU for Senior Housing) 100 SF/DU Same as CC-C Requirement Private open space, such as balconies, can count Fee in Lieu can be used for up to 50% of requirement toward requirement if they are min 48 SF and 6' ($ @ discretion of Parks Director) dimension • 25% of the open space must be common area • Lobbies and atriums can count toward this requirement Roof Must be pitched/gabled unless rooftop open space • Same as BC Same as BC Ground Floor ' 13' min ' 13' min Same as BC ' 60% of ground -floor uses along primary street must • The entire ground floor must be utilized with retail be retail/non-residential space(s) • 40% of ground -floor uses along other street -facing • Per 19.05.070 "Ground floor" means the floor of a facades must be retail/non-residential structure that is closest in elevation to the finished grade along the facade of the structure that is principally oriented to the street which provides primary access to the subject property. III ARII ANO Regulatory Review: Zoning Code OTHER Inclusionary Any project (incl. senior) 25+ DU must provide min 2 DU and Same as BC Same as BC Affordability max 5% of total affordable units @50% AMI for rent or 80% (19.110.010) AMI for sale • Bonus density awarded @ 1 bonus unit for every affordable unit up to 10% max ' Duration: For the life of the project MFTE (3.30) None CC-C and CC-F constitute the "Residential Target Area" Same as CC-C ' Projects in Residential Target Area are eligible for an By MFTE exemption (no affordability requirement) ' 12y MFTE exemption possible if 20% of units are income restricted to either low (80% AMI) or moderate (80-115% AMI) income households Opportunity Only the portions that are East of Hwy 99 between 304th and Everything East of Hwy 99, West of 1-5, and North of 320th Everything East of Hwy 99, Zones 312th West of 1-5, and North of 320th PARKING MF (Stalls/DU) EDU:1.0 • For 100+ DU projects, min 25% of parking 1.0/DU if not surface Same as CC-C ' Studio:1.25 non -surface • 1.7/DU if surface • 1 BR:1.5 ' Reduction possible through parking • 2 BR+: 2.0 demand study Senior 1.0/DU • Same as BC Same as BC Ground -Floor Office/Medical/Dental/Professional:1/300 • Same as BC Same as BC Uses • General Retail:1/300 • Entertainment/Recreation Retail: 1/100 • Fast Food:1/80 • Restaurant/Tavern: not specified �;'':; II1 AI:TI AN t) Regulatory Review: Impact Fees Impact Fee Comparison The Growth Management Act cities can charge the following impact fees: ■ School Impact Fee • Fire Impact Fee ■ Transportation Impact Fee • Park Impact Fee The table and chart to the right compares the impact fees across comparable local jurisdictions. Impact fees are dependent on the type of development. The table/chart represents multifamily development fees per dwelling unit. Key Findings • School impact fees are set by the district but applied by the jurisdiction. This creates opportunities for misalignment in objectives • Impact fees can be refunded ■ School impact fee funds cannot be used to address existing deficiencies, only those pertaining to future growth • Some jurisdictions have fixed amount around how much these impact fees can increase, which reduces uncertainty for developers (Bellevue) Current Multifamily Impact Fee Comparison - $/Multifamily Dwelling Unit $/Dwelling unit $20,000 $18,000 $16,000 $14,000 $12,000 $10,000 $8,000 $6,000 $4,000' $2,000 $o Federal Way Auburn Kent Renton Fife Des Moines Seatac ■ School Impact Fee M Fire Impact Fee ■ Transportation Impact Fee Park Impact Fee Impact Fees Per Multifamily Dwelling Unit Federal Way Auburn Kent Renton Fife Des Moines SeaTac School Impact F $15,073* $8,938 $2,458 $4,737 $2,839 $0 $0 Fire Impact F $0 $306 $0 $965 $0 $0 $0 Transportation Impact Fee$3,314 $2,302 $3,525 $6,717 $6,413 $5,315 $2,175 Park Impact F $0 $3,500 $2.451 $1,978 $1.300 $0 $0 Total Impact Fee $18,387 $15,047 $8,433 $14,396 $10,552 $5,315 $2,175 *note: this fee was reduced to zero in Q2, 2022 tl f A IR T I A N D Regulatory Review: Findings Minimum Density ■ Lack of a minimum density requirement risks perpetuating new low - density development that obstructs the City's long-term goals for the Study Area and provides insufficient density to meet housing targets Ground Floor Requirements ■ BC requirements are hard to discern as there is no apparent map of principal vs. secondary streets or property frontages ■ CC-C appears to require retail on the entire ground floor, which is not market supportable. Also, projects need space for lobby area, back - of -house functions, etc. ■ Code appears to require currently that retail along Hwy 99 in the BC zone be a part of any project. Without a significant traffic - calming program, Hwy 99 will remain inhospitable for walkability, meaning new retail would remain auto -oriented. ■ Retail does not make sense everywhere' on the ground floor and cannot survive. City needs a thoughtful, curated plan for promotion of walkability where amenity retail Can thrive under the support of proper infrastructure (traffic calming, parallel parking, wide sidewalks). ■ High retail requirements also drive higher parking requirements; code doesn't allow retail parking exemptions on -site through assumed utilization of on -street parking. Bulk and Massing ■ Lack of FAR -based code makes it challenging to quickly discern how big/how much is allowed to be built. ■ Setback requirement in CC-F zones may create challenges to stacked - flat construction. ■ Given how skinny BC zone is in places, the 30' height restriction in the BC zone where it abuts single-family zoning could make redevelopment of those parcels infeasible. ■ The requirement for gabled rooftops should be reconsidered. ■ Opens space requirements vary between BC and CC zones. This requirement should be reconsidered. Inclusionary Affordability • There is no offsetting benefit to providing the affordable units in the study area since the subject zoning codes do not have a density/unit limitation. If this provision is going to remain, it should be rethought so there is a pool of offsetting incentives. ■ Per the City, affordable units created by the inclusionary zoning are not actively monitored for compliance ■ Alternatives approaches to mixed -income developments are not available (besides MFTE), a fee -in -lieu alternative would allow funds to be pooled and accessed by affordable housing developers that are more competitive securing additional funding sources needed (LIHTC, etc.) that provide deep affordability. I I I; A I; I I A\� I) Regulatory Review: Findings Multi -Family Tax Exemption (MFTE) ■ MFTE can only currently be used in the CC-C and CC-F zones. Application to the BC zone as well - at least for desired urban -level density project types - would improve -redevelopment economics in that zone. Provisions in for the MFTE legislation are reviewed every five (5) years. Federal Way City Code Chapter 3.30 Parking ■ Current parking requirements in the BC zone work out to about 1.6 stalls/unit based on a conventional unit mix; comparable properties in nearby jurisdictions are closer to 1.0 stalls/unit Open Space ■ The City currently offers a fee -in -lieu program to satisfy up to SO% of residential open space (pursuant to FWRC 19.115.115 (4)). Offering a set fee -in -lieu amount ($/SF) alternative for all zones and allowing it to be applied to cover 100% of the requirement would allow funds to be pooled for creation of meaningful open space; essentially, a parks impact fee. Impact Fees ■ High impact fees signal that a city is anti -development. Prior school impact fee was higher for multi -family than for single-family. ■ While current school impact fees have been moved to $0, predictability is lacking about where they be set in the future. Stormwater ■ Currently, only CC-F and CC-C zones allow construction of underground vaults b_y_righht to manage on -site stormwater requirements. Consider extending to BC zone as well. ■ Of significantly more import, site by site obligation to manage stormwater challenges the goal of achieving urban -level densities; any opportunities to create a regional solution and recover costs through fees would be welcomed by developers. Code Sections Reviewed ■ 1991-06-12 COFW Ordinance 91-099 ■ 2005-06-16 COFW Ordinance OS-490 ■ 2007-06-28 COFW Ordinance 07-SS6 ■ 2009-06-11 COFW Ordinance 09-614 ■ 2017-01-08 COFW Addendum to KC Surface Water Design Manual ■ 2019-04-10 COFW Official Zoning Map ■ 2022-07-19 COFW Revised Code (Sections 3.30, 19,110.010, 19.220, 19.225, and 19.230) III AR I I AN1) Outreach: Property Owners & Developers Regulatory Review ■ Generally emphasized the same items that we identified in our Regulatory Review City Reputation • The City has a reputation as 'anti -development'; prior adoption of the school impact fees indicated a lack of City interest in encouraging multi -family development and effectively served as a development moratorium. Encourage the City to be: 7. Realistic in its vision for development — high-rise towers do not make economic sense currently 2. Flexible in its application of the code — general feedback is that the staff is less well - versed in applying the code to more dense multi -family projects than it is in permitting additional retail; some provisions as written may not be practical I Moderate in its 'wish list' for new projects — developers cannot afford to pay for additional bells and whistles under current land use economics 4. Entrepreneurial in considering targeted public investment in infrastructure (streetscape, open space) to help 'set the stage' in catalyzing new development. Developers/Property Owners Quarterra 4411110 GRANDPEAKS X THE WOLFF COMPANY D! InveAment Group MerloneGeier Partners `Toll Brothers AMERICA'S LUXURY HOME BUILDER' 11 F A k T I A N D Outreach: Property Owners & Developers INCENTIVES L� Use Incentives ' — — — — — — — - to Catalyze Development ♦♦ ♦ Sunset �♦ Incentives ♦� EARLY MIDDLE LATE • Understand that the pioneers take the greatest risks; City should embrace an 'incentive - oriented' mindset to catalyze new development. If successful, economics may allow either (a) some incentives to sunset over time or (b) the imposition of density bonus/value capture for funding of public benefits. Developers/Property Owners Quarterra .000 GRANDPEAKS THE WOLFF COMPANY DS InveAment Group MerloneGeier Partners Toll Brothers AMERICA'S LUXURY HOME BUILDER' r s1 1.1 E A R -r 1 A. N I _) 1': Outreach: Property Owners & Developers Condominium Development ■ There is a very limited geography regionally where stacked -flat condo product makes sense (Bellevue, Seattle, Kirkland, etc.). You need something special that makes people want to invest, such as views, water, amenities, in order to drive the prices you need to justify the product. ■ Condo liability, while a factor, is both a bigger issue for larger projects and has been reduced by recent legislation. In 2019, Washington state passed legislation to 1) reduce the definition of lawsuit -eligible defects in projects 2) remove the Associations' directors' exposure to personal liability for not filing suits. ■ Willingness by a city to potentially cover the insurance premiums is helpful, every dollar helps, but it isn't going to move the needle on deciding to do condos or not. It's only -1.0% of total project cost. ■ More near -term opportunities for townhome as an ownership product - encourage consideration of allowing that where it makes sense. ■ Using Bothell as an example, the City invested a lot of money into downtown to 'set the stage, which resulted in first in stacked flat apartment construction, followed by for -sale townhome product. Stacked-flat/podium condo product, however; has yet to be developed. Developers/Property Owners Quarterra GRAND PEAKS X THE WOLFF COMPANY D1 InreAment Group MerloneGeier Partners `Toll Brothers AMERICA'S LUXURY HOME BUILDER' III ARII AND RLV: When Do Developers Choose To Build Projects? Generally: • For a project to be built, the developer must meet specific financial metrics set out by their investors ■ The most important metric is Value > Costs ■ Second -most important metric is that Development Value > Existing Income Value. Development Value: Determined by the following: 1, Rental revenues minus operations costs 2. The prevailing capitalization rate ("cap rate"), which is driven by a blend of interest rates and market conditions * Rents and operations costs are typically determined by the area, not the product type. Project Costs: 1, Hard Costs — direct construction costs for excavation, shell and core, parking, interior buildout 2. Soft Costs -- design, permitting, financing, other carry costs 3. Entrepreneurial return required to compensate for development risk 4. Land costs DRAFT 11EARTI ANr) RLV: How Do Developers Determine What They Can Pay For Land? Highest and Best Use (HBU) is that which is: • Legally Possible • Physically Possible • Financially Feasible ■ Economically Productive • Maximally Profitable Residual Land Value (RLV) is used to determine if ° Redevelopment is HBU compared to Existing Use: Hypothetical RLV - "Optimum" Case "The RLV can be found by estimating the value of the proposed use (land and improvements) and subtracting the cost of labor, capital, and entrepreneurial coordination expended to create Redevelopment 'pencils' when the RLV for future the improvements." development exceeds the existing value in use of (The Appraisal of Real Estate, 12th Edition, Appraisal Institute, p. 375) income property by an appreciable margin to compensate for development risk. 11 A R I I A N f) RLV: Current Land Values — Determining the Hurdle Value Des ines 18 21 , r 1 r � r r �S 10 ' 4 3 12 Federal s 16 i1 k Way -� I., 13 2 iF 4 ID Adj $/LSF Zoning Status Sale Category Sale Date LSF 1 $57 CF Under Contract Property Sale 38,768 2 $50 CC-F Active Property Sale 433,858 3 $137 BC Active Property Sale - 10,890 4 $65 BC Active Property Sale 20,909 5 $70 BC Under Contract Property Sale 39,561 6 $87 CC-C Active Land Sale 23,087 7 $15 BC Under Contract Land Sale 206,910 8 $9 BC Active Land Sale 896,050 9 $99 BC Sold Property Sale 9/9/20 5,057 10 $93 BC Sold Property Sale 2/8/21 9,148 11 $103 BC Sold Property Sale P Y 6/8/21 13,159 12 $136 BC Sold Property Sale 6/17/21 21,344 13 $57 CC-F Sold Property Sale 9/1/20 25,700 14 $52 BC Sold Property Sale 7/2/20 36,669 15 $57 CC-F Under Contract Property Sale - 38,768 16 $70 BC Under Contract Property Sale 39,561 17 $37 BC Sold Land Sale 2/25/22 60,548 18 $35 BC Sold Property Sale 12/11/20 87,991 19 $130 BC Sold Property Sale 8/16/21 114,563 20 $99 BC Sold Property Sale 9/7/21 126,760 21 $18 1 BC Sold I Land Sale 5/14/21 1 132,858 Source: Costar Average Land Sold Values • With Improvements: -$50 PSF • Vacant: - $20 PSF Average Land Asking Prices: • With Improvements: -$55 PSF • Vacant- -$15 PSF * Despite averages, data set shows land sale values can vary considerably depending on income in place and owner expectations ��' 11EARTI AND RLV: Current Rents)- Avana Star Lake STOHIFS FAR. 2 0.4 DU/AC YR 8C 2 1987 UNIT Miz: 100% COLInC 750 Avg SF 87f ASKING: RENY PSF: $2.25 Uni:: $1,972 1 Views at the Lak SFOHIEi FAR �. 3 0.5 DUlAC YR RL 28 1969 UNII Mit 100% Count: 156 Avg SF:891 ASKING RENT PSF: $1.68 Unit: $1,496 Brier Woods - STORIES FAR 3 0.6 OU/AC YR ut. 157 1989 uNi F Mia: 100% Count: 136 Avg SF: 87. ASKING RENT PSF: $2.12 Unit: $1,855 Homestead STORIFS FAR 3 35 OU'AC Y4 RLT _ 25 1987 UNIT Mir: 100% Count: 134 Avg SF:789 ASKING RENI PSF: $2.21 Uni!: $1,743 Argyle Y SIORIFS FAR �, r. 3 0.6 s,a DWAC YK LLf 33 1983 UNIT Mi>:100%Co6nt:161 Av9SF:900 ASKING RENT PSF: 51.74 UniC $1,568 Pacific Heights l STORIES PAFt 2 0.6 DMAC YR RLT 28 1989 UNIT Mi,: 100% C.nnC 103 Avg SF:862 ASIINC-.RENT PSF:$1.77 Una:$1,528 Source., Costar Takeaways ■ Current rents average $2.08 PSF ■ 872 SF average unit size ■ Densities of 20-30 units/acre ■ Varying vacancy by project — likely indicative of management approach than market Ckm..ia iimw-op, Unit-` Unit Mix Unit Count Unit Avg As en t Rent PSF Unit Studio 0% 1 750 $1.94 $1,453 1BR 33% 470 667 $2.19 $1,460 2BR 52% 753 927 $1.98 $1,837 3BR 15% 216 1.126 $2.21 $2 488 100% 100% 1,440 872 $2.08 $1,811 III ,\ h'. 7 1 ANO RLV: Example/Prototype Rents Second & Main . S DEVELOPMENT I ` Renton Tu wiIa ,i 5eaTac �+ Normandy Park I Des MN Moines avccr�`- SOUND STU DY 91 AREA 1 Federal Way s KJA' CUU TY Tacoma �;"---�— PIERCE CO NTY Images sourced from Costar .7 Takeaways • Prototype rents are -35% higher than current rents ■ Parking ratios are lower than current code requirements ■ Ground -floor retail requirements are lower than current code requirements ■ All participate in MFTE, with exception of the Platform Summary ofExample/PrototypeProjects Unit Type Unit Mix Unit Count Unit Avg Asir Rent Ask Rent I Pkng Retall SF IStalls/Unit SF PSF Unit S 8% 84 520 $3.23 $1,678 1 BR 71% 723 665 $2.93 $1,953 I 2 BR 19% 192 1,035 $2.56 $2,646 1.02 3,178 3 BR 2% 16 1,287 $2.37 $3,055 OTAL/ 100% 1,01S 733 $2.84 $2,079 [AVERAGE Source: Costar Note, Additional Breakdown of these projects in Appendix 'il. ' I I r A K I I A N 1) RLV Modeling: Existing Zoning, Higher Rents Increased Rent This scenario holds the base assumptions constant and tests the rent increase needed to make the project feasible, holding all other inputs constant. Holding all else constant, rents would need to increase by 30%-40% for development values to equal existing land values — but they need to exceed existing values sufficiently to compensate for development risk. Year -over -year rent growth has averaged 5.6% annually over the past decade. See table to the right. Studies suggest light rail has the potential to increase rent growth in the near term, perhaps in the range of 5-10%* above existing rent growth, but with the current market conditions, it is unlikely that this alone will be able to bridge the feasibility gap. * Sources: • Robert Cervero, et al. 1992-2004. Transit Cooperative Research Program Report 102: Transit - Oriented Development in the United States: Experiences, Challenges, and Prospects • Nelson, Arthur C. and Robert Hibberd. 2019. The Link between Transit Station Proximity and Real Estate Rents, lobs, People and Housing with Transit and Land Use Planning Implications Required Rent Increase to achieve Land Hurdle Values CC-F VALUE SUMMARY M M Project Value $45,100,000 $26,500,000 $26,500,000 Project Costs $48,600,000 $30,200,000 $30,200,000 Remainder for Land ($3,500,000) ($3,700,000) ($3 700,000) Residual Land Value ($ PSI-) ($80) ($85) ($65) Improved Land Hurdle $50 $50 $50 Vacant Land Hurdle $18 $18 $18 % Rent Increase Required to Achieve Hurdle Values (including 15% - 20% 30% - 40% 30% - 40% improved hurdle values) 10-year Historical Market Rent Growth Yr./Yr. Federal Way Submarket 16.0% • 14.0 % 12.0% r 10.0% 8.0% ...................... .:........ 4.0% 2.0% 0.0% 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Source: Costar 2022 DRAFT I I F A R -1 1 A N I-) �r RLV Modeling: BC Zone Example Scenario BC Zone Test Scenarios 1.1 Base Scenario ■ No changes, models existing code, but using market prototype rents 1.2 Code Adjustments • Addition of MFTE, 12-year program tested • Removal of Inclusionary affordability requirement ■ Parking ratio reduction ■ Retail reduced to 1.1000 • Residential reduced by 25% ■ Retails space required reduced 50% ■ Off -site stormwater treatment Result: Podium -style development beats the hurdle value (existing land use values)!! 0 $70 TF $50 _ :;ta a—----------0017EAU1 -- $18------- ----- �: LAND VALUE HURDLES ($/Sq Ft) X I/ REDEVELOPMENT "PENCILS?" SCENARIO VARIABLES _' 1.1 Base Scenario 1.2 Code Ad] MFTE Y/N No Yes Inclusionary Housing Y/N - Yes No Parking Ratio Residential (Stall/unit) 1.6 12 Parking Ratio Retail (Stall/1k SF) 3.33 1.0 Parking Typology Structured Structured Impact Fees Current Current BC/CCF — 30' height limit in proximity to SF No No Ground Floor Retail Requirements 0.25 of floor plate 0.125 of floor plate Onsite Stormwater Management Yes No Market Rent Assumption ($/SF) $2.84 $2.84 III A h l I AND RLV Modeling: CC-F Example Scenario CC-F Zone Test Scenarios 2.1 Base -Scenario ■ No changes, models existing conditions 2.2 Code Adjustments ■ Removed Inclusionary Zoning ■ Parking ratio reduction ■ Retail reduced to 1:1000 ■ Residential reduced by 25% ■ Retail space required reduced 70% ■ Off -site stormwater treatment ■ Assumes application of the 12-MFTE program Result: Podium -style development beats the hurdle value (existing land use values)!! 0 $is LAND VALUE HURDLES ($/Sq Ft) BASE SCOMR[0 045) $87 X N/ REDEVELOPMENT "PENCILS?" CC-F SCENARIO VARIABLES 2.1 Base Seenaria 2.2 Code Adj MFTE Y/N Yes Yes Inclusionary Housing Y/N - Yes No Parking Ratio Residential (Stall/unit) 1.33 1.0 Parking Ratio Retail (Stall/1 k SF) 3.33 1.0 Parking Typology Structured/Surface Structured Impact Fees Current Current BC/CCF — 30' height limit in proximity to SF No No Ground Floor Retail Requirements 0.85 of floor plate 0.25 of floor plate onsite Stormwater Management Yes No Market Rent Assumption $2.84 $2.84 H E A R T L A N D RLV Modeling: C&C Example Scenario CC-C Zone Test Scenarios 3.1 Base Scenario ■ No changes, models existing conditions 3.2 Code Adjustments ■ Removed Inclusionary Zoning ■ Parking ratio reduction ■ Retail reduced to 1:1000 ■ Residential reduced by 25% ■ Retail space required reduced 70% ■ Off -site stormwater treatment ■ Assumes application of the 12-MFTE program Result: Podium -style development beats the hurdle value (existing land use values)!! 0 Sa� $so CODE AD] ---------------- $18 LAND VALUE HURDLES ($/Sq Ft) BASE JENAWO i X N/ REDEVELOPMENT "PENCILS?" C&C SCENARIO VARIABLES 3.1 Base Scenario 3.2 Code Adj MFTE Y/N Yes Yes Inclusionary Housing Y/N - Yes No Parking Ratio Residential (Stall/unit) 1.33 1.0 Parking Ratio Retail (Stall/1 k SF) 3.33 1.0 Parking Typology Structured/Surface Structured Impact Fees Current Currenl BC/CCF — 30' height limit in proximity to SF No No Ground Floor Retail Requirements 0,85 of floor plate 0.25 of floor plate Onsite Stormwater Management Yes No Market Rent Assumption $2.84 $Z84 III - AR I t A D RLV Modeling: Summary of Evaluation/Land Hurdles Comparing Scenarios BASE SCENARIO CODE ADJ • The policy changes and infrastructure investment push $87 $87 the RLV above the both the land hurdle value and the improvement value hurdle in the BC, CC-F, and CC-C $70 F zones, indicating these changes would significantly $S0 improve redevelopment feasibility. — _ — — — — — �-. — — -_ _ ■ There is no singular factor in isolation that sufficiently C C-F� moves the needle', rather, it is the combination of $18 changes that help drive viable project economics. 0 • However, we recognize some modeled code changes LAND VALUE HURDLES may or may not be possible (stormwater, for example), Ft) ($/Sq loeF at least in the near term. • There are important policy considerations to be discussed when considering a suspension or elimination of inclusionary zoning, expansion of MFTE • More thoughtful approach on where to require retail, 80) ($85) ($85) how much, and what parking requirements to impose x X X (supplementing requirements with infrastructure investments) may be the most important takeaway. REDEVELOPMENT "PENCILS?" II F A k T I A N 0 RLV Modeling: Summary of Evaluation/Land Hurdles BASE SCENARIO CODE ADJUSTMENT FULL 0 Inclusionary 0 Residential 0 Commercial 0 Onsite 0 Ground Floor ADJUSTMENT Housing Parking Reduction Parking Reduction StormwaterMgmt. Retail Reduction $87 $87 $70 $74 $74 $50 $55 $53 $53 $S7 $50 ---------- 4T 4T-------- -- ---11 ----.--- ---- i � CC-F^ $28 $32 $32 $18 —--------- --- $20 ---- C-C CC-F CC-F �BC CC-C CC-F CC-F 0 LAND VALUE HURDLES � CC-F ($/Sq Ft) ($26) ($26) f./.d rA050 `..,.. ($80) ($85) ($85) x x x x x x x x x ✓✓✓ ✓✓✓ - x x REDEVELOPMENT "PENCILS?" I I I A k I I A N f) Questions? SnUN ti Tacoma Des Moires 1 ! Des AREA tines' r. J AU rn 1 1 ii a• " t Federal Way _KING COUNTY _ �' _ � l Transit Center PIERCE COTY Federal Way STUDY AREA ZONING Community Business J � City Center Core ICC-F; City Center Frame CC Planned Action Proposed Federal Way -A Transit Center Park & Ride Existing Federal Way Transit Center Park & Ride - , r Town Square Park `'. 14th Edition, p 333, by the Appraisal Institute More information at fo local OS haos:LLwww.commerce wo aovlservina� communities(growth-monoge(»entlarowth management tot)icslotannina-for-housing multi-family-housti7g-prot)erty-tox-exemption-i)rogroml The Appraisal of Real Estate,12th Edition, Appraisal Institute, p. 315 structure types or categories, such as podium -style construction, single-family homes, skyscrapers, etc.