The URL can be used to link to this page

11-21-2023 Council Packet - RegularCITY OF Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA City Hall — Council Chambers* November 21, 2023 — 6:30 p.m. The City Council may amend this agenda and take action on items not currently listed. Regular Meetings are recorded and televised on Government Access Channel 21 and viewable on FWYoutube. For more information, or to view agenda materials and access public comment sign-up options, please visit www.cityoffederalway.com. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MAYOR'S EMERGING ISSUES AND REPORT • Public Safety Report — Chief Hwang • Recent Events: Paint the Plow Event (11/9); Family Movie Night at Knutzen Family Theatre (11/10) • Upcoming Events in the Community: Free Holiday Movie at the PAEC "Jack Frost" on Saturday, November 25 at 10:00 a.m.; Jungle Bell Brunch at the Federal Way Community Center on December 2 at 10:00 a.m.; Tree Lighting at Town Square Park on Saturday, December 2 at 4:00 p.m. • City Council meeting schedule - second meeting in December canceled per Council Rules 4. PUBLIC COMMENT RULES: In accordance with State Law, the City of Federal Way prohibits any testimony regarding any campaign for election or promotion of, or opposition to, any ballot proposition during the public comment. City Council Rules of Procedure prohibit any personal, impertinent, threatening or slanderous remarks during public comment. The Mayor may interrupt comments that continue too long or violate the rules of conduct. No speaker may convey or donate their time for speaking to another speaker. The Mayor has the authority to preserve order at all meetings of the Council, and to cause the removal of any person from the meeting for being disorderly. All individual comments are limited to 3 minutes each. 5. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Deputy Mayor & Regional Committees Report • Council President Report *Remote attendance available via Zoom meeting code: 363 503 282 and passcode: 738163; or https://cityoffederalway.zoom. us/m/363503282?pwd=Vm locGOrdFVyTURaQnIoRU IQOTQ4ZzO9 Assisted listening devices are available, please contact the City Clerk prior to the meeting. 6. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: November 8, 2023 Regular and Special Meeting Minutes b. Street Light Infill Project, 85% Design and Authorization to Bid c. Neighborhood Traffic Safety (NTS) Program Project: S 304th (Pacific Hwy S to 28th Ave S d. Adaptive Traffic Signal Control - City Center Phase 2 - Project Acceptance e. Citywide Pedestrian Safety Improvements - Approval to Award f. 2024 Asphalt Overlay Program Preliminary Project List and Authorization to Bid g. Citywide Adaptive Signal Control System - ITS Improvements Phase 1,2, and 3 - Project Acceptance h. 2022 Storm Pipe Repair Project - Project Acceptance i. Former Bridges Barn Demolition - Project Acceptance j. Transportation Demand Management Implementation Agreement with WSDOT k. Authorization to Enter into an Interlocal with King County for Conservation Futures Tax Levy (CFT) Grant I. 2024 Diversity Commission Work Plan m. Community Fireworks Display for the Red, White & Blues Festival Contract n. Staffing Position Control Change at the Federal Way Community Center o. Systems for Public Safety Agreement - Amendment 3 p. Internet Crimes Against Children ("ICAC") - Memorandum of Understanding (MOU) between Seattle PD and Federal Way PD for Funding for Officer Support Activities/Training q. Pierce Transit Extra Duty Police Services Interlocal Agreement Amendment 4 r. Jail Services Agreement SCORE Jail - Amendment 1 7. PUBLIC HEARINGS a. Ordinance: Amendments to Wild Waves Concomitant Development Agreement • Presentation: Keith Niven, Community Development Director • Public Comment — 3 minutes each b. First Amendment to the 2023 Community Development Block Grant (CDBG) Annual Action Plan • Presentation: Kim Bachrach, Human Services Coordinator • Public Comment — 3 minutes each c. Program Year 2024 Community Development Block Grant (CDBG) Annual Action Plan • Presentation: Kim Bachrach, Human Services Coordinator • Public Comment — 3 minutes each *Remote attendance available via Zoom meeting code: 363 503 282 and passcode: 738163; or https://cityoffederalway.zoom. us/m/363503282?pwd=Vm locGOrdFVyTU RaQn]oRU IQOTQ4Zz09 Assisted listening devices are available, please contact the City Clerk prior to the meeting. $ COUNCIL BUSINESS a. Notification of Emergency Procurement and Authorization to Repair and Replace Vehicles and Equipment due to vandalism and theft at Steel Lake Maintenance Facility Presentation: EJ Walsh, Public Works Director & John Hutton, Parks Director b. 2024 Legislative Agenda • Presentation: Bill Vadino, Policy Advisor & Jim Hedrick, State Lobbyist c. ARPA Grants for Financial Literacv and Workforce Development Presentation: Sarah Bridgeford, Community Services Manager 9. ORDINANCES First Reading a. Council Bill #868/Ordinance: 2023 Annual Comprehensive Plan Amendments AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY COMPREHENSIVE PLAN, THE COMPREHENSIVE PLAN MAP, AND ZONING MAP; DESIGNATING A DOWNTOWN ARCHITECTURAL OVERLAY; CHANGING THE COMPREHENSIVE PLAN DESIGNATION AND ZONING OF APPROXIMATELY 20 ACRES LOCATED NORTH OF S 316TH STREET BETWEEN PETE VON REICHBAUER WAY S AND 23RD AVE S, FROM CITY CENTER FRAME (CC-F) TO CITY CENTER CORE (CC-C); AND CHANGING THE COMPREHENSIVE PLAN DESIGNATION AND ZONING OF 19.05 ACRES OF LAND LOCATED ON THE NORTH SIDE OF S 320TH STREET, EAST OF 1-5, FROM MULTI -FAMILY (RM2400) TO COMMERCIAL ENTERPRISE (CE). (AMENDING ORDINANCE NOS. 90-43, 95-248, 96-270, 98-330, 00-372, 01-405, 03-442, 04-460, 04-461, 4-462, 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, 22-938 23-954, 23-956 AND 23-967) Presentation: Chaney Skadsen, Senior Planner Public Comment - 3 minutes each b. Council Bill #869/Ordinance: Code Amendments Relating to City Center -Core and Ci Center Frame AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO DEVELOPMENT REGULATION AMENDMENTS APPLICABLE TO THE CITY CENTER CORE (CC-C) AND CITY CENTER FRAME (CC-F) ZONES AND ADOPTION OF A DOWNTOWN ARCHITECTURAL OVERLAY; AMENDING FWRC 19.05.040, 19.05.060, 19.05.160, 19.110.080, 19.115.020, 19.115.050, 19.115.060, 19.115.070, 19.115.090, 19.120.030, 19.125.060, 19.190.010, 19.225.010, 19.225.015, 19.225.020, 19.225.030, 19.225.040, 19.225.050, 19.225.055, 19.225.060, 19.225.070, 19.225.075, 19.225.080, 19.225.090, 19.225.100, 19.225.105 19.225.110, 19.225.120, 19.225.130, 19.225.140, AND 19.230.030; ADDING FWRC 19.245.020 AND 19.110.025; AND REPEALING FWRC 19.130.150. (AMENDING ORDINANCE NOS. 90-43, 93-170, 96-270, 96-271, 97-291, 97-296, 97-300, 99- 333, 00-363, 01-382, 01-385, 01-390, 01-399, 02-424, 03-443, 05-506, 06-515, 06-542, 07-554, 07-559, 08-585, 09-593, 09-604, 09-605, 09-610, 09-630, 09-633, 10-678, 12-724, 12-727, 12- 735, 13-750, 13-754, 14-778, 15-797, 17-834, 18-844, 18-850, 20-898, 21-921, 22-929, 22-930, 22-932, 23-949, 23-958, 23-961, AND 23-963) Presentation: Keith Niven, Community Development Director Public Comment - 3 minutes each *Remote attendance available via Zoom meeting code: 363 503 282 and passcode: 738163; or https://cityoffederalway.zoom. us/m/363503282?pwd=Vm locGOrdFVyTU RaQn]oRU IQOTQ4Zz09 Assisted listening devices are available, please contact the City Clerk prior to the meeting. c. Council Bill #870/Ordinance: Amendments to Wild Waves Concomitant Development Agreement AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE ENCHANTED PARKS, INC. CONCOMITANT DEVELOPMENT AGREEMENT (AMENDING ORDINANCE NOS. 98-310 AND 17-840). Presentation made during the public hearing Public Comment — 3 minutes each Second Reading/Enactment d. Council Bill #866/ Ordinance: 2023-2024 Biennial Budget Midyear Amendment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO AMENDING THE 2023-2024 BIENNIAL BUDGET (Amending Ordinance Nos. 22-941, 23-959 and 23-966). e. Council Bill #867/ Ordinance: 2024 Property Tax Levy AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR 2024. Council Bill #865/Ordinance: Ordinance relating to a Concomitant Zoning Agreement Amendment for the WinCo Food Property AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO APPROVAL OF AN AMENDMENT TO THE WINCO FOODS CONCOMITANT ZONING AGREEMENT TO REMOVE THE APPLICABILITY OF THE CONCOMITANT ZONING AGREEMENT TO THE WINCO FOODS PROPERTY. (Amending Ordinance No. 91-99) 10. COUNCIL REPORTS 11. ADJOURNMENT *Remote attendance available via Zoom meeting code: 363 503 282 and passcode: 738163; or https://cityoffederalway.zoom. us/m/363503282?pwd=Vm locGOrdFVyTU RaQn]oRU IQOTQ4Zz09 Assisted listening devices are available, please contact the City Clerk prior to the meeting. COUNCIL MEETING DATE: November 21, 2023 ITEM #: 6a- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the November 21, 2023 Regular and Special Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Stephanie Courtney, City Clerk Attachments: November 21, 2023 Regular Meeting Draft Minutes November 21, 2023 Special Meeting Draft Minutes Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Co m mitre Initial/Date N/A Council Initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A ❑ Public Hearing ❑ Other DEPT• City Clerk DIRECTOR APPROVAL: 11 I4=,t Inittal/Datc N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. (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 Centered on Opportunity CITY COUNCIL REGULAR MEETING MINUITES City Hall - Council Chambers November 8, 2023 - 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:31 City officials in attendance: Mayor Jim Ferrell, t- ,il Pres' . Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-. -r ,note), Councilmember Paul McDaniel, Councilmember Jack Walsh, and Councilm. Jack Dovey. City staff in attendance: City Atte, lean Call and City G. ,tephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute Mayor Ferrell ex- ncilmember g Tran; Councilmember Lydia Assefa-Dawson participated it , meetii,, motely. 3. MAYOr EMERGING SUES AND 1 `ORT With Co. ronsen, -ad the Native American Heritage Proclamation up the agendG oration: N, American Heritage Month — November 2023 Deputy -)r Hona, A and presented the proclamation to Louis Ongaro, Muckleshoot Tribal Coy, Member, : Valerie Segrest, Director of the Muckleshoot Food Sovereignty Project. Col, Member ongaro was honored by the acknowledgement of his ancestors and spoke to the ep history of treaties aimed at environmental protection. Council Member Ongaro was a accompanied by younger members of the Trible who each introduced themselves. lyor F , reported on a surprise visit from former Mayor of our Sister City Rivne, Ukraine; . Tretyak. He visited City Hall on October 27 when he was in the area visiting family. Mayor Ferrell reported on recent events including a successful Multi -Service Center Helps fundraising luncheon on October 19, the statewide emergency preparedness drill on October 19; and a fun holiday event at the Community Center on October 28. He noted the Farmer's Market season finale was Saturday, October 28; he thanked everyone involved for a very successful season. Federal Way City Council Regular Minutes Page 1 of 8 November 8, 2023 Upcoming events include the annual Paint the Plow Event, on November 9 at the Boys & Girls EX3 Teen Center; and a new Family Movie Night at the Knutzen Family Theatre on November 10. 4. PUBLIC COMMENT Alexandre Milsten made some suggestions on how to improve citizen pp ,ation during City Council Meetings. Jon Sitkin, Counsel for Winco Foods, asked Council to appr the ring Examiners recommendation. Melissa Hamilton shared her frustration with increased r itemizing how mu -ar family has spent as a result of crime. She asked for the purse ,is to be fixed. Jazmine Lopez addressed concerns about rent it ases and ask-d Council to consi&.. ent protection legislation as other cities have done Fred DuBon addressed concerns about rent inci, ar sked Council to consider rent protection legislation with a 180-day notice of rent inc,. ld cap on late fees. Karen Brugato spoke on behalf , Arts Commission, king Council for the one-time ARPA allocation, and asked for b ,ions budget be ii. ;ed for the first time in years. Janine Barber spoke in support of its Conic. fidget inc. .;ase. Susan Strong thanked the FWPD for ffor4 ay are ma,_ .g to address crime despite State Legislation makino Mary Ehlis sh u that Hi ;al Society ostponed their Holiday Open House to Saturday, December rom 1:00-3: ,m. Anna . �k concerner' my ies, shared her understanding that a state law would nt be chr o close jails, as planned. Gian Mitchel, .n Banhegyi, Celestine Berrysmith, and Phoenica Zhang requested the `' enact te, nrotections in Federal Way including longer noticing requirements for rent incrt., and lima. 'nte fees. Written co is were'rived from Dee Harris and Lana Bostic and provided to Council via email prior t meeting. PRESENT/ JNS a. P, ,mation: Native American Heritage Month — November 2023 proclamation was presented earlier in the meeting. 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) — Councilmember Walsh reported the next meeting will be October 10. Federal Way City Council Regular Minutes Page 2 of 8 November 8, 2023 Land Use/Transportation Committee (LUTC) - Councilmember Dovey reported on the meeting held Monday; the next meeting will be the first Monday in December (December 4). Finance, Economic Development Regional Affairs Committee (FEDRAC) - no report was provided. Lodging Tax Advisory Committee (LTAC) - Councilmember Assefa-Daw- eported the next meeting will be November 13. Deputy Mayor & Regional Committees Report - Deputy Mayor H j% 'on an upcoming Senior Commission event. She encouraged Council to apply f� n AWL SCA regional appointments, and noted she will be virtually attending the AW , Elected Ofi. Essentials training. She commented on Veterans Day and the mem ocated near the Pt Council President Report - Council President Koch quested the city allocate fun, the food banks for the holidays. Mayor Ferrell agreed and will discuss with Finai. erector Gr 7. CONSENT AGENDA a. Minutes: October 17, 2023 4egular and Special Iv, q Minutes b. Monthly Financial Report -,,. . 'r 2023 c. AP Vouchers 09/16/2023 - 115/2w__ '' Vouchers . i1/2023 - 09/30/2023 d. 2024 Highline College Small ;iness L) ,,, IInteragency Agreement COUNCIL PRESIDENT THROUGH (D); SEC' , follows: ,ouncil President hmar Deputy Mayor ,ouncilmemlh wilme `MAR MOVE ` AOVAL OF CONSENT AGENDA ITEMS (A) `UNCILMEi R WALSH. The motion passed unanimously as ye, Councilmember Tran excused yes Councilmember Walsh yes ps Councilmember Dovey yes HEARk. \A a. ance: 2. `024 Biennial Budget Midyear Amendment* (as required by RG 5A.34) Mayor Fe opened the public hearing at 7:47 p.m. Finance actor Steve Groom presented information regarding the 2023-2024 biennial Buda, .justment. He noted this required process captures any changes from the year, ,r ig expenses are covered, and forecasts revenue through year-end. Public Comment: Alexandre Milsten asked where the budget documents are located on the website and inquired if they could be moved to the home -page or more visible. Federal Way City Council Regular Minutes Page 3 of 8 November 8, 2023 Karen Brugato, requested a budget increase for the Arts Commission, including a dedicated line item, similar to other neighboring cities. DEPUTY MAYOR HONDA MOVED TO CLOSE THE PUBLIC HEARING; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember McDaniel yes Councilmember Tran excused Councilmember W yes Councilmember yes b. Ordinance: 2024 Property Tax Levy* (as required by ..CW 84.55. P. Mayor Ferrell opened the public hearing at 7:59 p.rr, Finance Director Steve Groom outlined the r .;ss of setting ' property tax rate and how the assessed value is calculated by tht nty. He no' ie tax levy does not keep up with inflation and the city heavily relies on o, -ever No public comment received. DEPUTY MAYOR HONDA MOVED ',) "c THE PUBS '-TEARING; SECOND BY COUNCILMEMBER COUNCIL PRESIDE ' KOV. Councilmember McDaniel askedWarifyiraWsti,- :ing banking the levy. The motion p,- Cr , Presiden, .ity Mayor Hor uncilmember A ouncilmember ' 9. COUNC 'SIN' gnimously at hmar y 3-Dawson ye aniel yesr Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes 14 Counc, ^.ussion on 2024 Legislative Agenda v Advist 'Vadino provided a review of the 2023 Legislative requests, including tht `us of prt ply addressed projects and requests. Mr. Vadino will be soliciting indiv, I input from Council and will bring back a proposed 2024 Legislative Agenda for ful, cussion and approval at the November 21 meeting. Cour hank Mr. Vadino for the presentation and asked staff clarifying questions on v: s issues and projects. .<esolution: Declaration of Intent to Reimburse/APPROVED RESO. NO. 23-849 Finance Director Steve Groom overviewed the proposed resolution noting it is a housekeeping item to show the intent for wrapping the land purchase into the total cost of the Joint Use Operations and Maintenance Facility project. This is a required step by the Bond Counsel to allow repayment of the interfund loan at the time of debt issuance. Council thanked Director Groom and asked clarifying questions. Federal Way City Council Regular Minutes Page 4 of 8 November 8, 2023 DEPUTY MAYOR HONDA MOVED APPROVAL OF THE PROPOSED RESOLUTION; SECOND BY COUNCIL PRESIDENT KOCHMAR. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran excused Deputy Mayor Honda yes Councilmember Walsh Councilmember Assefa-Dawson yes Councilmemberpovey es Councilmember McDaniel yes 10. ORDINANCES— FIRST READING a. Council Bill #866/ Ordinance: 2023-2024 Biennial BL at Midyea, endment AN ORDINANCE OF THE CITY OF FEDERAL W' Y, WASHINGTON *\TING TO AMENDING THE 2023-2024 BIENNIAL BUDGET (AM' NG ORDINANCE NCB. 941, 23- 959 AND 23-966). The staff presentation was made during tr olic hearing, no additional informal. , was presented. No public comment rec 1. City Clerk Stephanie Courtney read the ordi, 14 t^ . 1to the record. DEPUTY MAYOR HONDA MOVED TO FORWARD THE k -IOSED ORDINANCE TO THE NOVEMBER 21, 2023 COUNCIL MEETO' ''R SECOND READ, NND ENACTMENT; SECOND BY COUNCIL PRESIDENT KOCHMAR. le. passed unanimL as follows: Council President Kochmar yes ncilmem, ar Tran excused Deputy Mayor Honda yes tuber Walsh yes Councilmember Assefa-Dawso a emberpovey yes Councilmember McDaniel b. Counr' gtst *dinance:. t Property Tax Levy AN AANCE 01 IE CITY OF )ERAL WAY, WASHINGTON RELATING TO FIXING TN ,IOPERTY TP MOUNT FOR - YEAR 2024. staff preser -,-,te dur, .g the public hearing, no additional information WL -�sentr .v puu11%, _ . received. City Cle. -,phanie Courtney read the ordinance title into the record. cPUTY MA. HOND, '1VED TO FORWARD THE PROPOSED ORDINANCE TO THE NOVEMBER 21, . ` COUNL 'EETING FOR SECOND READING AND ENACTMENT; SECOND BY COU► '. PRESIDcNT KOCHMAR. Deput layor Honda asked for clarification of Councilmember McDaniel's previous quest regarding banking the tax levy. The , n pas, j:1; as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember McDaniel no Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes c. Council Bill #865/Ordinance relating to a Concomitant Zoning Agreement Amendment for the WinCo Food Property AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO Federal Way City Council Regular Minutes November 8, 2023 Page 5 of 8 APPROVAL OF AN AMENDMENT TO THE WINCO FOODS CON-COM-I-TANT ZONING AGREEMENT TO REMOVE THE APPLICA-BILITY OF THE CON-COM-I-TANT ZONING AGREEMENT TO THE WINCO FOODS PROPERTY. (AMENDING ORDINANCE NO. 91-99) Mayor Ferrell read into the record the instructions and process for the closed record/quasi-judicial process. He noted no additional public comme ccepted and Council is to make the determination solely on the official recor he information presented to the Hearing Examiner on October 11, which is ded in full, in the Council meeting materials. Mayor Ferrell posed multiple questions in order to deterr if a co. exists with any of the Councilmembers. Hearing no conflict, Mayo, Ferrell calm r the staff presentation. Senior Planner Chaney Skadsen provided F unary of the request recei. om WinCo foods to remove the applicability of Concomitant Zoning Agreemen A) to the WinCo Foods property. The cum�A limits thF��ility for expansion o the current store. City Clerk Stephanie Courtney read the ordir . .nto the record. COUNCILMEMBER DOVEY MOVED FORWARD THE it "OSED ORDINANCE TO THE NOVEMBER 21, 2023 COUNCIL MEE, 1 SECOND READk, 'IND ENACTMENT; SECOND BY COUNCILMEMBER WALL Tri, passed unani, 'iy as follows: Council President Kochmar yes member Tran yes Deputy Mayor Honda yes ember Walsh yes CouncilmemberAssefa-Dawso es Co ember Dovey yes iNANC!ENr 4cDaniel ORDIEC ` READINk NACTMENT: d.862/' aline Water G ct Franchise Ordinance/APPROVED ' "-- A 'NCA ' _ JERAL WAY, WASHINGTON, GRANTING HIGHLINE WAi .NONEXCLU.,,✓E FRANCHISE TO OCCUPY RIGHTS -OF -WAY IN THE CITY G,AY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PU CONSTRUCTING, MAINTAINING, OPERATING, REPLACING, AND ''AIRINC WATER SYSTEM WITHIN AND THROUGHOUT THE CITY OF 'RAL City �. I StepharlWCourtney read the ordinance title into the record 'OUNCILMEMBER )VEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; "OND BY COUN MEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: ,,ncil President Kochmar yes ,eputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel yes Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes e. Council Bill #863/ Establishina the Time of Pavment. Interest and Penalties to be imposed on Delinauent Annual Special Assessment for Lake Manaaement District Number 1 Steel Lake/APPROVED ORDINANCE NO. 23-971 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING THE TIME OF PAYMENT, INTEREST, AND PENALTIES TO BE IMPOSED ON DELINQUENT Federal Way City Council Regular Minutes Page 6 of 8 November 8, 2023 ANNUAL SPECIAL ASSESSMENTS FOR LAKE MANAGEMENT DISTRICT NUMBER 1 FOR STEEL LAKE. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDIN' 'E; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as' rvs: Council President Kochmar yes Councilmember' yes Deputy Mayor Honda yes Councilmemh yes Councilmember Assefa-Dawson yes Councilme, Jove, es Councilmember McDaniel yes Council Bill #864/ Development Agreement Cod ;1endments/APPh _D ORDINANCE NO. 23-972 AN ORDINANCE OF THE CITY OF FEDER' JAY, WASHINGTON, RELA, TO AMENDMENTS TO CHAPTER 19.85 FWRC. ELOPMENT AGREEMENTS; AME. 4G FWRC 19.85.010, 19.85.020, 19.85.030, 19.R' 19.85.060; jr - 070; 19.85.080; 19.85.090; 19.85.110; 19.85.120; 19.85.130; 19.85.'1 ' 9.85.150; 1' . 160; 19.85.180; 19.85.190; 19.85.200; AND 19.85.210 (AMENDING ORDi, "E NOP 426 AND 09-594). City Clerk Stephanie Courtney read the ordina, a into the record. COUNCILMEMBER DOVEY MOVED "'VAL OF THE PRL 'ED ORDINANCE; SECOND BY COUNCILMEMBER WAL, ,n passed una sly as follows: Council President Kochmar yes cilmem r Tran excused Deputy Mayor Honda yes .tuber Walsh yes CouncilmemberAssefa-Dawso es ember Dovey yes Councilme McDaniel 11. COUNCIL RF' Councilm, ar Assefa-DF in noted hei -)reciation for the ability to participate remotely from a , arence in Tex- Councilme, Mcr' .;i statea Ll ass of the financial literacy program is tomorrow and believes the nas been successful. He thanked staff for the quick action on replacing he mentio, �t the last meeting. Counc '-)er Wait:. I no report. Councilmem. Dovey als , spoke to the success of the financial literacy class; he noted there is increased it )st in additional classes in 2024 and possible partnerships. He thanked Policy Advisor Bill Va ) for his work on this project. Deputy Mayr onda reported on the Rosebud Theatre productions and her attendance at the ',EC for ' Jnited States Army Field Band performance. She thanked Community Services �qr .rah Bridgeford for the Health through Housing tour and thanked those that have the co, j run for elected office. Council President Kochmar thanked Mayor for suggesting a presentation from the Muckleshoot Tribe; she would enjoy hearing the history. She asked for donations to the food banks during the holidays in the form of food or monetary donations. Councilmember Dovey acknowledged the King County Elections Vote Center at City Hall noting Federal Way City Council Regular Minutes Page 7 of 8 November 8, 2023 their staff assisted his father-in-law register and vote. Deputy Mayor Honda also encouraged attendance at the Auburn Veterans Parade which is the largest veteran's parade west of the Mississippi. 12. ADJOURNMENT There being nothing further on the agenda; the regular meeting was ads ed at 9:05 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 8 of 8 November 8, 2023 CITY OF Federal Way Centered on Opportunity CITY COUNCIL SPECIAL MEETING MINUTES City Hall — Council Chambers November 8, 2023 — 5:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order a. I p.m. City officials in attendance: Mayor Jim Ferrell, CL P .gent Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assei. ,son (remote), Councilmember Paul McDaniel, Councilmember Jack Walsh, and Coy nember Jack Dovey. City staff in attendance: City f iii Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferr �' q salute. Counc' ber Hoai Tran was parti, ed in the mer g remotely. Arian Davis, City rney Ryan Call and City �cused and Councilmember Assefa-Dawson 3. STL SESSir _ -- Z 3 (TC3) BRIEFING a. Development Agreement ';ommu. velopment Director Keith Niven provided a high-level briefing on the 'tus o Town Center 3 (TC3) Development Agreement with Trent ilopmen ector Niven noted in response to the city issued RFP, six (6) p, �sals were received in early 2023; Trent Development was selected. The city be i negotiating a development agreement and land purchase in May 2023. F ,tor Niven provided additional information on the possible timeline and phasing .ne project, with the inclusion of residential units, retail, office, a possible civic ,uilding, community space and open pavilion. He introduced Trent Mummery, Trent Development who also provided information and answered Council questions. 4. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 6:07 p.m. Federal Way City Council Special Minutes Page 1 of 2 November 8, 2023 Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 2 of 2 November 8, 2023 li COUNCIL MEETING DATE: November 21, 2023 ITEM #: _ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: STREET LIGHT INFILL PROJECT — 85% DESIGN STATUS REPORT AND AUTHORIZATION TO BID POLICY QUESTION: Should the City Council authorize staff to complete design and advertise the Street Light Infill Project and return to LUTC and Council for bid award, further reports, and authorization? COMMITTEE: Land Use and Transportation MEETING DATE: November 6, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kathy Davis, P.E., Senior Traffic EngineerKD-P DEPT: Public Works Attachments: 1. Memorandum to Land Use and Transportation Committee dated November 6, 2023 Options Considered: 1. Authorize staff to complete design and advertise the Street Light Infill project 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 November 21, 2023 City Council consent aizendafiekwoval. MAYOR APPROVAL: c7 S J I c7 DIRECTOR APPROVAL. l ?Jpl Zo7_3 'Cam lcc Council r� IRlSIYy /plC [nitisi aln Ini[ialrp� COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 21, 2023 consent agenda for approval. Aw"bod, Committee Chair Jack Walsh Committee Member Hoang Tran, Committee Member PR )SED COUNCIL MOTION: "I move to authorize staff to complete design and advertise the Street Light Infill Project 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 4 CITY OF FEDERAL WAY MEMORANDUM DATE: November 6, 2023 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director iA/� Kathy Davis, P.E., PTOE, Senior Traffic EngineerK-P-P SUBJECT: Street Light Infill Project — 85% Status Report and Authorization to Bid Financial Impacts: The cost to the City for the Street Light Infill project was included within the approved budget under the Public Works Street Capital budget, fund 306. In accordance with the approved budget, this item is funded by a grant from the American Rescue Plan Act in the amount of $2,150,000. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements from operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Backsvound Information: In October 2022, Council authorized spending of $2,150,000 for street light improvements. The locations for the lights would be based on requests received from residents, which consists of approximately 180 locations. The project will advertise with the requested light locations that do not currently have lighting installed or a capital project on the current Transportation Improvement Plan. Depending on the bid pricing, some groups may be held over until additional funding can be secured. It is anticipated that the project will be advertised for bid in the first quarter of 2024, with construction throughout 2024. The following provides a brief synopsis on the progress on this project to date. Currently, the design is approximately 85% complete, which includes the following tasks: - Field Evaluation of Locations/Feasibility - Project Design to 85% Ongoing tasks include: - Utility Coordination - Contract Specifications Rev 7/18 - Project Design to 100% Proiect Estimated Expenditures: Design $ 136,000 Right of Way $ 0 Construction Cost $1,550,000 Construction Contingency (15%) $ 233,000 Construction Management and Inspection $ ?31,000 Total Estimated Expenditures $2,150,000 Proiect Available Funding: ARPA Funds $2.150.000 Total Available Funding $2,150,000 Project costs will be further refined and evaluated as design proceeds. Rev. 7/18 COUNCIL MEETING DATE: November 21, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 65 SUBJECT: NTS PROGRAM PROJECT: S 304Tn ST (PACIFIC Hwy S TO 28Tn AVE S) POLICY QUESTION: Should the Council authorize the installation of two (2) speed feedback signs on S 3041h St between Pacific Hwy S and 28`h Ave S? COMMITTEE: Land Use and Transportation MEETING DATE: November 6, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other I DEPT: Public Works STAFF REPORT BY: Jason Kennel ,_Sr. Traffic En irle eer Attachments: 1. Staff Report Memo 2. Map of Proposed Option 1 Options Considered: 1. Approve the proposed installation of two (2) speed feedback signs on S 304" St between Pacific Hwy S and 28" Ave S. 2. Do not approve the proposed installation of two (2) speed feedback signs on S 304" St between Pacific Hwy S and 28th Ave S and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. Installation of two (2) speed feedback signs on S 3041 St between Pacific Hwy S and 281h Ave S. MAYOR APPROVAL: 0 v /DIRECTOR APPROVAL: f Comrrifttee t' zfl �� Iniuul/Drat Initial atc Ininaltl) COMMITTEE RECOMMENDATION: I move to forward the proposed Option 1, two (2) speed feedback signs on S 304' St between Pacific Hwy S and 28" Ave S to the November 21, 2023, consent agenda for approval. Dovey,)et"mTKee Chair Jack Walsh, Committee Member Hoang Tr , Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Option 1, installation of two (2) speed feedback signs on S 30411' St between Pacific Hwy S and 28' Ave S. " BELOW TO BE COMPLETED BY CITY CLERKS 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: November 6, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Jason Kennedy, Senior Traffic Engineer SUBJECT: NTS Program Project: S 304th St (Pac Hwy S to 28th Ave S) Financial Imparts: This project is part of the Neighborhood Traffic Safety (NTS) Program. In accordance with the approved budget this project is funded by the Streets Fund. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through Streets and Traffic Division maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. The currently allocated NTS budget is $150,000 per year with $20,000 designated specifically for school NTS and/or school safety related improvements. Currently, one (1) NTS project is currently programmed for construction in 2024 with an estimated cost of $30,000, leaving an NTS budget balance of around $120,000 for 2024. The total estimated cost of the proposed project on S 304'h Street between Pacific Hwy S and 28'h Ave S is approximately $10,000. Background Information: Residents along S 304th St submitted a petition on July 1, 2021, requesting traffic calming devices to control vehicle speeds along S 304`h St between Pacific Hwy S and 28'h Ave S. S 3041 St is classified as a Principal Collector with a posted speed limit of 30 mph. Traffic studies were conducted in July of 2021, and the results are as follows: 0 85 �O Daily Park or # of 5 yr. # of 5 yr' Total Street Speed Traffic School Collisions Injury/Fatal Score (mph) Collisions S 304`h St west of 20'h Ave S 38.3 5,072 No 1 0 (Principal Collector Street. 30 mph) S 304'h St east of 24'h PI S 39.4 4,861 No 0 0 (Principal Collector Street. 30m h) Points Scored 2.5 0.5 0.0 r 0.0 0.0 3.0 A neighborhood traffic safety meeting was held virtually via Zoom in October 2021. The 9 resident attendees all generally agreed that reducing speeding along S 304'h St as well as reducing other unsafe driving behavior was a priority. Several attendees also expressed safety concerns related to feeling unsafe walking along S 3041h St and crossing the street at various places. Although all options and traffic calming tools were considered, Speed Tables and Traffic Circles were the most preferred options. October 23, 2023 Land Use and Transportation Committee Wildwood '21 NTS — S 304th St (Pacific Hwy S to 28th Ave S) Page 2 Following the public meeting in October of 2021, the NTS Program went through policy changes in 2022 (adopted by City Council in August 2022) and one of the resulting changes to the new policy involved the types of allowable traffic calming devices on Principal Collectors of 30 MPH. The current NTS policy does not allow vertical deflection countermeasures (speed humps, speed tables, raised crosswalks) without approval from the Public Works Director. As S 304' St is a Principal Collector with posted speed limit of 30 MPH, the preferred option of speed tables would not be allowed. A follow-up public meeting was held in September 2023, to discuss the remaining options available given the changes made to NTS policy that took place after the initial meeting in October 2021. Although other horizontal countermeasures (traffic circles, chicanes, etc.) could be allowed per NTS policy, there are technical/engineering challenges that would prevent them from being installed within the available right- of-way and within the allowable NTS budget. Based on the above constraints, and discussion among the meeting participants, the Traffic Division staff proposed the installation of speed feedback signs which in turn was generally agreed upon by those in attendance. Proposal: Based on all the previously mentioned facts and information, Option 1 (described below) was developed with the goal of encouraging drivers to slow down along S 304'' St between Pac Hwy S and 28'' Ave S. With the anticipated reduction of vehicle speeds from the combination of the speed feedback signs and police enforcement, the safety of the neighborhood should be improved for motorists, cyclists, and pedestrians. Option 1— Two (2) Speed Feedback Signs This option would install a total of two (2) speed feedback signs on S 304' St as shown on the attached figure. The speed feedback signs will be located near the following addresses or locations: • Eastbound S 304' St (west of 20' Ave. S) • Westbound S 304' St (between 261 PI S and 271 Ave S) The proposed devices, along with police enforcement, should have some effectiveness in reducing vehicle speeds, and improving vehicular and pedestrian safety. Option 2 — No Action This option would not install any traffic calming devices and the street would remain in its current condition. Based on the current adopted NTS installation criteria (per table below), the petition scored 3.0 total severity points. This meets the minimum 3.0 severity points to qualify for the installation of traffic calming devices. PA October 23, 2023 Land Use and Transportation Committee Wildwood '21 NTS — S 304th St (Pacific Hwy S to 28th Ave S) Page 3 Principal Collector Street MS Criteria (30 mph Speed Lim -its) Point Scale 85th Percentile IAverage Speed Daily Traffic (ADT) Location School/Park 5-Year Collision History Total Injury Fatal 0 0 - 30 0 - 5,000 No 1 0.5 31 - 32 5,001- 7,000 Yes 2 - 1 1 33 — 34 7,001 - 9,000 - 3 1 - 1.5 35 — 36 9,001 - 11,000 - 4 - - 2 37 — 38 11,001 - 13,000 - 5 2 1 2.5 39 — 40 13,001 - 15,000 - 6 - - 3 41+ 15,001+ - 7+ 3+ 2+ Data 1 39.4 1 5072 1 N'A 1 0 0 Total Score Score 1 2.5 1 0.5 1 0.0 0.0 0.0 0.0 1 3.0 Advisory Ballot In accordance with established NTS policies, City staff sent a total of 177 ballots to residential occupants within 600 feet (measured along the road centerline) of the proposed traffic calming device locations. The table below summarizes the complete ballot results for the 52 ballots received (30% return rate): 2021 Wildwood NTS Ballot Results S 304th St (Pacific Hwy S to 28th Ave S) Option Description Total Percent 1 Two (2) Speed Feedback Signs 47 90% 2 No Action 5 10% cc: Project File Day File encl: Map of Option 1 3 52 Map of Option 1 Option 1— Two (2) Speed Feedback Signs me COUNCIL MEETING DATE: November 21, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: ADAPTIVE TRAFFIC SIGNAL CONTROL — CITY CENTER — PHASE 2 - PROJECT ACCEPTANCE POLICY QUESTION: Should the Council accept the Adaptive Traffic Signal Control — City Center — Phase 2 project constructed by TITAN Earthwork, LLC., as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 6, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Hu nh, Civil Engineer _7�i DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated November 6, 2023. Options Considered: 1. Authorize final acceptance of the Adaptive Traffic Signal Control —City Center— Phase 2 project constructed by TITAN Earthwork, LLC., in the amount of $766,376.00 as complete. 2. Do not authorize final acceptance of the Adaptive Traffic Signal Control —City Center— Phase 2 project as complete and provide direction to staff. MAYOR'S RECOMMENDATION: Option I MAYOR APPROVAL: Initial/Date DIRECTOR APPROVAL: � ►DI'jpl Zp2^t, 3 lnuiallDatc COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 21, 2023 City Council consent agenda for approval. y6rw�� ittee Chair Jack Walsh, Committee Member Hoang Tra , Committee Member PROPOSED COUNCIL MOTION: "I move to authorize final acceptance of the Adaptive Traffic Signal Control — City Center — Phase 2 project constructed by TITAN Earthwork, LLC., as complete. " (BELOW TO BE COMPLETED BYCITYCLERS'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: November 6, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Directotcwfl_� Jeff Huynh, Civil Engineer- A SUBJECT: Adaptive Traffic Signal Control -City Center -Phase 2 -Project Acceptance Financial Impacts: This is the acceptance of construction as complete, and therefore no additional funds are proposed to be spent as part of this agenda item. On -going costs associated with operations and maintenance will be performed and funded through streets maintenance, which is reviewed and adjusted as required during the budget process. Background Information: Prior to release of retainage and bonds on a Public Works construction project, the City Council must accept the work as complete to meet requirements of the State Departments of Revenue, Employment Security, and Labor & Industries. The Adaptive Traffic Signal Control - City Center - Phase 2 project, constructed by TITAN Earthwork, LLC., is complete. The final construction contract amount is $776,376.00. This is $79,732.00 below the $856,108.00 maximum authorized contract amount approved by the City Council on June 17, 2022. Rev 6/2020 6e COUNCIL MEETING DATE: November 21, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITYWIDE PEDESTRIAN SAFETY IMPROVEMENTS — APPROVAL TO AWARD POLICY QUESTION: Should the Council authorize staff to award the Citywide Pedestrian Safety Improvement Project to the lowest responsive, responsible bidder and authorize the Mayor to execute the contract? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 6, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Hu nh, Civil Engineer -I�A DEPT: Public Works Attachments: 1. Memorandum to Land Use and Transportation Committee dated November 6, 2023. 2. Bid Tabulation 3. Project Location Map Options Considered: l . Approve the award of the Citywide Pedestrian Safety Improvements to Reign City Services, LLC., the lowest responsive, responsible bidder, in the amount of $1,228,298.83 and approve a contingency of $122,829.98 for a maximum contract amount of $1,351,129.81 and authorize the Mayor to execute the contract. 2. Do not approve the proposed award for the Citywide Pedestrian Safety Improvements and provide direction to staff. MAYOR'S : Option 1 MAYOR APPROVAL: CTOR APPROVAL: '-- 01301 �-3 Co ittcc ounci r)DIREInitial/Date FnisiaFldaic fnitinllDate Q COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 21, 2023 consent agenda for Dovey,bv�nmittee Chair Jack Walsh, Committee Member Hoang Tra Committee Member PROPOSED COUNCIL MOTION: "I move to approve the award of the Citywide Pedestrian Safety Improvements to Reign City Services, LLC, the lowest responsive, responsible bidder, in the amount of $1,228,298.83 and approve a contingency of $122,829.98 for a maximum contract amount of $1,351,129.81 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 # CITY ,OF FEDERAL WAY MEMORANDUM DATE: November 6, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Directorvtr/E— Jeff Huynh, Civil Engineer V SUBJECT: Citywide Pedestrian Safety Improvements — Approval to Award Financial Impacts: The cost to the City for the Citywide Pedestrian Safety Improvements was included within the approved budget under the Public Works Department, Capital Project 436234. In accordance with the approved budget, this item is funded by federal grant from WSDOT in the amount of $1,735,997 with the remainder from Motor Vehicle Fuel Tax (MVFT). Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements from operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Backeround Information: Nine bids were received and opened on October 0 for the project. See attached bid tabulation. The lowest responsive, responsible bidder is Reign City Services, LLC. Financial summary: Estimated Expenditures: Design $331,000.00 Construction $1,228,299.83 Contingency (10%) $122,829.98 Construction Management and Inspection $175.870.19 Total Project Costs $1,858,000.00 Available Funding: Grant— Highway Safety Improvement Program (HSIP) $1,735,997.00 Fund 102 - Motor Vehicle Fuel Tax (MVFT) $288-000.00 Total Project Funding $2,023,997.00 Rev. 6/2020 CITYWIDE PEDESTRIAN SAFETY IMPROVEMENTS BID TAB Citywide Pedestrian Safety Improvements RFB #23-008 HSIP-OOOS(605) BID OPENING DATE: October 4, 2023 APPARENT LOW BIDDER Vendor Name ---> Location --- - ----- > Bid 1 Bid 2 Bid 3 Bid 4 Bid 5 Bid 6 Bid 7 Bid 8 Bid 9 Engineer's Reign City Services, LLC Tukwila, WA Sound Pacific Construction, LLC Gig Harbor, WA CCT Construction Puyallup, WA Active Construction, Inc Pu allu , WA er Underground and Earthwork, I Snohomish, WA Icon Materials Pacific, WA Northwest Cascade, Inc Puyallup, WA Cann Construction Enterprises, I Renton, WA Westwater Construction, Co Snohomish, WA Estimate Bid Item Unit Plan Qty Price Total Price Total Price Total Price Total Price Total Price Total Price Total Price Total Price Total Price Total No SCHEDULE A - CITYWIDE PEDESTRIAN SAFETY IMPROVEMENTS 1 Roadway Surveying LS 1 $14,636.70 $14,636.70 $7,000.00 $7,000.00 $10,000.00 $10,000.00 $6,900.00 $6,900.00 $17,000.00 $17,000.00 $7,500.00 $7,500.00 $14,500.00 $14,500.00 $21,000.00 $21,000.00 $20,000.00 $20,000.00 $21,000.00 $21,000.00 2 ADA Features Surveying LS 1 $7,205.76 $7,205.76 $7,000.00 $7,000.00 $9,000.00 $9,000.00 $6,500.00 $6,500.00 $17,000.00 $17,000.00 $6,700.00 $6,700.00 $14,500.00 $14,500.00 $9,200.00 $9,200.00 $8,000.00 $8,000.00 $12,000.00 $12,000.00 3 Training Hr 400 $63.77 $25,508.00 $3.00 $1,200.00 $1.00 $400.00 $1.00 $400.00 $1.00 $400.00 $83.00 $33,200.00 $84.00 $33,600.00 $93.00 $37,200.00 $100.00 $40,000.00 $50.00 $20,000.00 4 SPCC Plan LS 1 $340.10 $340.10 $1,000.00 $1,000.00 $1,800.00 $1,800.00 $115.00 $115.00 $2,400.00 $2,400.00 $300.00 $300.00 $500.00 $500.00 $750.00 $750.00 $500.00 $500.00 $500.00 $500.00 5 Mobilization LS 1 $118,556.00 $118,556.00 $105,000.00 $105,000.00 $90,000.00 $90,000.00 $145,000.00 $145,000.00 $150,000.00 $150,000.00 $55,000.00 $55,000.00 $161,800.00 $161,800.00 $160,000.00 $160,000.00 $168,000.00 $168,000.00 $109,818.00 $109,818.00 6 Other Traffic Control Labor Hr 560 $85.03 $47,616.80 $75.00 $42,000.00 $70.00 $39,200.00 $65.00 $36,400.00 $80.00 $44,800.00 $75.00 $42,000.00 $80.00 $44,800.00 $85.00 $47,600.00 $75.00 $42,000.00 $70.00 $39,200.00 7 Project Temporary Traffic Control LS 1 $22,518.00 $22,518.00 $50,000.00 $50,000.00 $75,000.00 $75,000.00 $65,000.00 $65,000.00 $7,250.00 $7,250.00 $54,000.00 $54,000.00 $40,750.00 $40,750.00 $61,000.00 $61,000.00 $200,000.00 $200,000.00 $49,200.00 $49,200.00 8 Portable Changeable Message Sign Hr 3450 $4.50 $15,525.00 $7.00 $24,150.00 $12.00 $41,400.00 $3.00 $10,350.00 $8.00 $27,600.00 $2.50 $8,625.00 $4.00 $13,800.00 $0.50 $1,725.00 $5.00 $17,250.00 $16.00 $55,200.00 9 Work Zone Safety Contingency Est. 1 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 10 Roadside Cleanup Est. 1 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 11 Tree Removal Ea. 8 $1,125.90 $9,007.20 $500.00 $4,000.00 $400.00 $3,200.00 $1,000.00 $8,000.00 $3,250.00 $26,000.00 $1,100.00 $8,800.00 $1,000.00 $8,000.00 $2,000.00 $16,000.00 $2,000.00 $16,000.00 $2,000.00 $16,000.00 12 Removal of Structures and Obstructions LS 1 $1,918.69 $1,918.69 $19,000.00 $19,000.00 $6,000.00 $6,000.00 $17,489.65 $17,489.65 $15,000.00 $15,000.00 $1,000.00 $1,000.00 $52,850.00 $52,850.00 $2,500.00 $2,500.00 $65,000.00 $65,000.00 $4,000.00 $4,000.00 13 Sawcutting LF 798 $5.63 $4,492.74 $7.00 $5,586.00 $8.00 $6,394.00 $4.00 $3,192.00 $9.00 $7,182.00 $10.00 $7,980.00 $12.00 $9,576.00 $10.00 $7,980.00 $15.00 $11,970.00 $10.00 $7,980.00 14 Remove Sidewalk SY 353 $44.09 $15,563.77 $17.00 $6,001.00 $85.00 $30,005.00 $30.00 $10,590.00 $39.00 $13,767.00 $98.00 $34,594.00 $14.00 $4,942.00 $17.00 $6,001.00 $50.00 $17,650.00 $20.00 $7,060.00 15 Remove Cement Cone. Curb and Gutter LF 417 $12.64 $5,270.88 $6.00 $2,502.00 $40.00 $16,680.00 $15.00 $6,255.00 $28.00 $11,676.00 $19.00 $7,923.00 $8.00 $3,336.00 $25.00 $10,425.00 $20.00 $8,340.00 $12.00 $5,004.00 16 Remove Asphalt Pavement SY 151 $23.00 $3,473.00 $19.00 $2,869.00 $65.00 $9,815.00 $56.00 $8,456.00 $25.00 $3,775.00 $52.00 $7,852.00 $33.00 $4,983.00 $33.00 $4,983.00 $50.00 $7,550.00 $14.00 $2,114.00 17 Roadway Excavation Incl. Haul CY 32 $82.24 $2,631.68 $67.00 $2,144.00 $130.00 $4,160.00 $525.00 $16,800.00 $70.00 $2,240.00 $110.00 $3,520.00 $150.00 $4,800.00 $76.00 $2,432.00 $85.00 $2,720.00 $90.00 $2,880.00 18 Crushed Surfacing Top Course Ton 88 $66.88 $5,885.44 $60.00 $5,280.00 $100.00 $8,800.00 $110.00 $9,680.00 $70.00 $6,160.00 $120.00 $10,560.00 $100.00 $8,800.00 $75.00 $6,600.00 $75.00 $6,600.00 $60.00 $5,280.00 19 HMA C1.1/2" PG 58H-22 Ton 127 $506.66 $64,345.82 $290.00 $36,830.00 $410.00 $52,070.00 $860.00 $109,220.00 $400.00 $50,800.00 $175.00 $22,225.00 $919.00 $116,713.00 $390.00 $49,530.00 $355.00 $45,085.00 $250.00 $31,750.00 20 Adjust Catch Basin Ea. 5 $480.26 $2,401.30 $900.00 $4,500.00 $1,800.00 $9,000.00 $450.00 $2,250.00 $800.00 $4,000.00 $100.00 $500.00 $375.00 $1,875.00 $1,000.00 $5,000.00 $1,000.00 $5,000.00 $1,000.00 $5,000.00 21 Erosion Control and Water Pollution Control Est. 1 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $12,000.00 $12,000.00 22 Topsoil Type A CY 15 $133.71 $2,005.65 $85.00 $1,275.00 $95.00 $1,425.00 $135.00 $2,025.00 $50.00 $750.00 $250.00 $3,750.00 $180.00 $2,700.00 $78.00 $1,170.00 $300.00 $4,500.00 $150.00 $2,250.00 23 Bark Mulch CY 4 $173.40 $693.60 $105.00 $420.00 $450.00 $1,800.00 $210.00 $840.00 $50.00 $200.00 $100.00 $400.00 $280.00 $1,120.00 $78.00 $312.00 $500.00 $2,000.00 $195.00 $780.00 24 Seeded Lawn SY 67 $4.05 $271.35 $15.00 $1,005.00 $20.00 $1,340.00 $70.00 $4,690.00 $7.00 $469.00 $2.00 $134.00 $30.00 $2,010.00 $6.00 $402.00 $30.00 $2,010.00 $7.00 $469.00 25 Property Restoration Est. 1 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $8,000.00 $8,000.00 26 Cement Cone. Traffic Curb and Gutter LF 372 $39.59 $14,727.48 $40.00 $14,880.00 $45.00 $16,740.00 $38.00 $14,136.00 $17.00 $6,324.00 $50.00 $18,600.00 $66.00 $24,552.00 $78.00 $29,016.00 $100.00 $37,200.00 $50.00 $18,600.00 27 Cement Cone. Barrier Curb LF 352 $27.98 $9,848.96 $42.00 $14,784.00 $47.00 $16,544.00 $38.00 $13,376.00 $25.00 $8,800.00 $48.00 $16,896.00 $68.00 $23,936.00 $86.00 $30,272.00 $100.00 $35,200.00 $60.00 $21,120.00 28 Extruded Curb, Type 6 LF 687 $42.99 $29,534.13 $45.00 $30,915.00 $95.00 $65,265.00 $45.30 $31,121.10 $50.00 $34,350.00 $47.00 $32,289.00 $46.00 $31,602.00 $47.00 $32,289.00 $50.00 $34,350.00 $40.00 $27,480.00 29 Raised Pavement Marker Type 2 Ea. 80 $22.27 $1,781.60 $23.00 $1,840.00 $10.00 $800.00 $24.00 $1,920.00 $25.00 $2,000.00 $24.00 $1,920.00 $24.00 $1,920.00 $24.00 $1,920.00 $30.00 $2,400.00 $20.00 $1,600.00 30 Tubular Marker Ea. 30 $160.56 $4,816.80 $160.00 $4,800.00 $80.00 $2,400.00 $170.00 $5,100.00 $150.00 $4,500.00 $176.00 $5,280.00 $173.00 $5,190.00 $175.00 $5,250.00 $200.00 $6,000.00 $300.00 $9,000.00 31 Cement Cone. Sidewalk SY 105 $85.02 $8,927.10 $74.00 $7,770.00 $92.00 $9,660.00 $87.70 $9,208.50 $150.00 $15,750.00 $126.00 $13,230.00 $150.00 $15,750.00 $109.00 $11,445.00 $250.00 $26,250.00 $90.00 $9,450.00 32 Cement Cone. Parallel Curb Ramp Type I Ea. 14 $2,285.29 $31,994.06 $3,700.00 $51,800.00 $2,200.00 $30,800.00 $4,373.00 $61,222.00 $5,000.00 $70,000.00 $2,650.00 $37,100.00 $4,400.00 $61,600.00 $3,400.00 $47,600.00 $2,500.00 $35,000.00 $5,500.00 $77,000.00 33 Cement Cone. Perpendicular Curb Ramp Type A Ea. 1 $2,349.35 $2,349.35 $3,700.00 $3,700.00 $2,200.00 $2,200.00 $4,373.00 $4,373.00 $5,000.00 $5,000.00 $2,550.00 $2,550.00 $4,400.00 $4,400.00 $3,100.00 $3,100.00 $4,000.00 $4,000.00 $4,500.00 $4,500.00 34 Cement Cone. Single Direction Curb Ramp Ea. 1 $1,834.64 $1,834.64 $3,700.00 $3,700.00 $2,200.00 $2,200.00 $4,373.00 $4,373.00 $5,000.00 $5,000.00 $2,650.00 $2,650.00 $4,400.00 $4,400.00 $2,500.00 $2,500.00 $4,000.00 $4,000.00 $5,000.00 $5,000.00 35 Detectable Warning Surface- Yellow SF 286 $18.01 $5,150.86 $77.00 $22,022.00 $38.00 $10,868.00 $81.85 $23,409.10 $65.00 $18,590.00 $74.00 $21,164.00 $125.00 $35,750.00 $56.00 $16,016.00 $100.00 $28,600.00 $45.00 $12,870.00 36 Detectable Warning Surface- Black SF 29 $24.77 $718.33 $77.00 $2,233.00 $90.00 $2,610.00 $81.85 $2,373.65 $65.00 $1,885.00 $74.00 $2,146.00 $125.00 $3,625.00 $73.00 $2,117.00 $100.00 $2,900.00 $45.00 $1,305.00 37 RRFB System - Location 1 LS 1 $82,412.86 $82,412.86 $104,000.00 $104,000.00 $100,000.00 $100,000.00 $89,000.00 $89,000.00 $230,000.00 $230,000.00 $134,000.00 $134,000.00 $90,900.00 $90,900.00 $119,000.00 $119,000.00 $139,000.00 $139,000.00 $76,500.00 $76,500.00 38 RRFB System - Location 2 LS 1 $41,406.89 $41,406.89 $40,000.00 $40,000.00 $60,000.00 $60,000.00 $42,000.00 $42,000.00 $45,000.00 $45,000.00 $65,050.00 $65,050.00 $42,800.00 $42,800.00 $58,000.00 $58,000.00 $67,000.00 $67,000.00 $31,000.00 $31,000.00 39 RRFB System - Location 3 LS 1 $75,649.52 $75,649.52 $100,000.00 $100,000.00 $90,000.00 $90,000.00 $99,000.00 $99,000.00 $100,000.00 $100,000.00 $119,500.00 $119,500.00 $102,100.00 $102,100.00 $106,000.00 $106,000.00 $123,000.00 $123,000.00 $74,700.00 $74,700.00 40 RRFB System - Location 4 LS 1 $84,364.50 $84,364.50 $110,000.00 $110,000.00 $110,000.00 $110,000.00 $92,000.00 $92,000.00 $105,000.00 $105,000.00 $136,000.00 $136,000.00 $95,900.00 $95,900.00 $121,000.00 $121,000.00 $141,000.00 $141,000.00 $80,800.00 $80,800.00 41 RRFB System - Location 5 LS 1 $40,278.50 $40,278.50 $40,000.00 $40,000.00 $55,000.00 $55,000.00 $40,500.00 $40,500.00 $45,000.00 $45,000.00 $63,000.00 $63,000.00 $42,600.00 $42,600.00 $56,000.00 $56,000.00 $65,000.00 $65,000.00 $27,500.00 $27,500.00 42 RRFB System - Location 6 LS 1 $84,221.02 $84,221.02 $105,000.00 $105,000.00 $100,000.00 $100,000.00 $102,000.00 $102,000.00 $100,000.00 $100,000.00 $144,000.00 $144,000.00 $104,900.00 $104,900.00 $126,000.00 $126,000.00 $147,000.00 $147,000.00 $76,200.00 $76,200.00 43 RRFB System - Location 7 LS 1 $93,361.09 $93,361.09 $110,000.00 $110,000.00 $100,000.00 $100,000.00 $112,000.00 $112,000.00 $120,000.00 $120,000.00 $155,000.00 $155,000.00 $115,600.00 $115,600.00 $136,000.00 $136,000.00 $159,000.00 $159,000.00 $85,200.00 $85,200.00 44 RRFB System - Location 8 LS 1 $127,412.71 $127,412.71 $165,000.00 $165,000.00 $160,000.00 $160,000.00 $142,000.00 $142,000.00 $150,000.00 $150,000.00 $193,000.00 $193,000.00 $147,100.00 $147,100.00 $169,000.00 $169,000.00 $168,000.00 $168,000.00 $116,600.00 $116,600.00 45 Permanent Signing LS 1 $20,261.52 $20,261.52 $20,000.00 $20,000.00 $25,000.00 $25,000.00 $33,000.00 $33,000.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00 $19,900.00 $19,900.00 $35,000.00 $35,000.00 $22,000.00 $22,000.00 $15,500.00 $15,500.00 46 Plastic Line LF 565 $18.13 $10,243.45 $19.00 $10,735.00 $18.00 $10,170.00 $20.00 $11,300.00 $20.00 $11,300.00 $21.00 $11,865.00 $19.00 $10,735.00 $19.00 $10,735.00 $20.00 $11,300.00 $8.00 $4,520.00 47 Plastic Crosswalk Line SF 814 $27.45 $22,344.30 $29.00�$23,606.0048 Plastic Yield Line Symbol Ea. 177 $119.13 $21,086.01 $120.00$21,240.00 $125.00 $22,125.00 $130.00 $23,010.00 $130.00 $23,010.00 $132.00 $23,364.00 $128.00 $22,656.00 $125.00 $22,125.00 $150.00 $26,550.00 $56.00 $9,912.00 emovingPavementMarkings LS 1 $11705.67 $11,705.67 $13000.00$13'000monsoon&$1,228,298.83 381,7".00 $1,481,281.00 $1,495,495.00 $1,614,398.00 $1,619,587.00 $1,621,384.00 $1,659,801.00 $2,050,415.00 $1,241,680.00 $1,228,298.83 $1,381,787.00 $1,481,281.00 $1,495,495.00 $1,614,398.00 $1,619,587.00 $1,621,384.00 $1,659,801.00 $2,050,415.00 $1,241,680.00 Bidders Paperwork Checklist APPARENT LOW BIDDER Bid Proposal x x x x x x x x x Bid Bond x x x x x x x x x Subcontractor list x x x x x x x x x Contractor Certification -Wage Compliance x x x x x x x x x Proposal for Incorporating Recycled Materials x x x x x x x x x UDBE Utilization Certification x x x x x x x x x UDBE Written Confirmation x x x x x x x x x Apprenticeship Plan x x x x Ix x I Ix Ix x Addendum 1 x x x x x x x x x Addendum 2 x x x x x x x x x Addendum 3 x x I x x I Ix x I Ix Ix x Addendum 4 x x I x x I Ix x I Ix Ix x Page 1 of 1 a N SW 30fi PL Adelaide SW 30BSr ��3� Sr_ .a...�. ST N j 5 3085T 306 c 6 PL Sw 3p8 LN 15 ¢ a -a > 3Q7 a' a- co ST SW 30 Park 3 p y sLy Q a ST �, - J. 3W 307 4T - N: SW 307 ST q SW 5w A N m N N. 7 N rn ra•3 3060- v y $08 308 w > SW m 307 2. 5W C 90A PL-_ ST P�`Z' L� S R 50 9 P� a 0. N .sw n. ,B ti sw t1� �+ Lake 5308ST y; - 5 .. 308 4� -. 3e9sT, • 30B�i South of Grove to 5 s309ST w�S309f 3 N � -- as PL en N �: SW 310'Sr Elem. a �4• 9 S30BF 309 16th Ave SW Mirror L CT drp` p. •;� 1 3 r SW31 JP�L a 5349 ST QgST �'�L. ous 537iIF a ss 'qlt•' < a ..,, aC J SW 311 L N 3 rn 5W 312 5f ^311 �T _— sw312 ST 373ST �. S 3'12 ST Training �] ¢ SW 312 rn N N Center 314 1'L��J �OP�' N v� 7 PL 7 > >. W3s'Sy > 57 yLl rn1T01• ry Q4 313 L_ y m ¢' _ ; ST 3 ¢ . o > Lake N "- S W 313 S T Lakota a H. SW314 PL . m - 15 PL 331 ST 3 Park Lakota — :k A{ French ri�or- 1n ¢ a rn Lake M •, Lake sW 31s ST Middle ^..31ry_ Park y? Elem. --" --- Q School 31BST 316 _ SW316ST `3155T.-•_`L,T - Q SW 315 PL L.N. SW 318 ST Lakihavin r mph 317 ST N 317 ST rn Fire S316PL- _ S316i'L :IS3 SW 317 PL SW 317 PL - - - .7 CT a CT � ¢ N m Station a ,7 pL m C ISM //� Si318ST SW318 SW3185T �' h.yw e - 53 1. V 320th V1 J 7 ST } 319PL tit Fr.. 3ry T�1- m pQ~ SW3,7 PL I - v a Cra i Q �.H 378PL pL 3,8ST Fishers 531 ncmiw�! < N and 1400 F31� N � SW 318,PL _ r 319 Pond Chsmnrreh N .` T20 .CT 319 PL N Z' Commerce SW 320 ST M • - - =, S 320 ST ¢ A SW ,32i LN SIN 320 PL Q SW 3?0, w �'_— $W 322 ST z s 3' 0 �' a 2 PL g 320 FL.. 7 a� a 3 N j N S. 4 N 3G.. 3 q 5 h m SyV g tl! n u7 S 321 57 -y m Q r,T SN SW n a 321 yN 321 ST j H-" S321 2 pL, 322 F!L m2 �it3 . a 322. Sr ¢m n S ^ 5 g u�a�+' �N N W..3 ST �2257.a H ' -T West Campus sT n. 23P SW 323.57 rn 4 .a a cn s~ m > J 5 o ST N H: ti m ¢ ¢'SW 3Z ST rr C (0 � 32 S7 n ' &0 v w FL PL Silver Y > �. 'i¢ 2 323 7 S7 3•y .... S 5 W ... Q 5 325 w 7 Q ^ .. .5� sw Lake m - �p 324 S 324 PL s 3�5 LN rn -- . - �. a a r P SW30 324 Elem. S T� CT tr. �P3 S325 6gr N S1N.325�pL PL w y' , .a it w 1 :ST y�2. _. %L STy 325 a SW rn 9 C ry _ '� �� 7 5 T so .%T% I! ¢ •• 7� v+ M S 32T. rs �N Vy _. ST . m 325 s- - ._. a C7 m SW 325 { tiry¢r s28 ST Q ¢ ti w Z �. 4 Lt4 CV �ryp pL .8 _ a S `•tW 32Sq .A{P L�d - ^- vaJ?. SW 327 P `s32 0 N m W SW r 3`'S r - C + -R�- ,fie r BpL 328 ST - > 32T$T 327 PL Cl s 2 C�.� C� a ! 32 [ Y 132951 Q yE ¢ -P sw . g'i, m Tn. : • 9 a. m 5 T n VC. - 3W -� ¢S2 $�� ' 044 q� 328. m a CT a e Sr tY gQ. m n fA S 3x85 'a 3CT sw m wiz& ST ---�� Q 5'S'S N Q`' •a y33,j 329 w G��'(9 IB� SW329 328 v,Q ca s g r S329PL- yy�` Cta Federr e �e� r PL sw 330 s? QL. s w PL a 33i� raS ? Q Comm 334 C 5w 330 v ro SW 331 SW 331 N S33a 5_T $• V w [i {3 S� C r PL � Cr J ST ST f Cente! 257 �' mN 1y T 3313T OP ¢a�sw3Cr C+f Syy� r y!1 5�,gPL , f.3$3ST_ 2 R' SW331PL n% N 333$T 5; 4y i 0'• \ J SW333 gq W 334 ST sr .s a Cr w w 3 ti' City i' N ryY� ' � c�Yd 333 3457 CT swan � a N 2PL5 y 3S �4 r , r F' I i�Ily y� d9G P44 Fire 334 PL Station 63 , a s sw ass Sr ' e� s �ta�� oen� Jw+es yA rp" Trak s iWin Lakes 334 PL Q�' co 61 _33g �y �� f' �P• {y SmV ST vilEape g , � s .. 5335$7 Bar+ SW CAMPUS D S'�• r a �s I `� �'�' �- PvSt 12tice !4 335 �{ a. Cp e} AC 5 yiMa q sare`°ay (98023) ST Swr nrasw, 53 6 v pJ SW337. � SaghaEle � �� rR Apt / 5337 _ S3� N 1a PL Q Middle Sagiialie � " p a SW 338 r Schdol Park �.�yv sw 1 Panther La 5. 9th Ave S at sr �, h m C'gMPwu5 p King open 5pac St. Francis sr Adsyer� NAq nty Park Al `e Sw340 °� �^ aaa s atic Hospital a' Sr sh!33s sT .ter ST 5� SW347.AL .• -. SW34t# SW d N 341 ST 0P' 342S7mSW342Mail Ce ter 342 es342 PL>c�edernl Way Twin Lakes PL � ,� 4'� '`.� Regional Literary Park & �' me'W 341EST s_ s,v aaa 5�rg SW 3u ST J �0 345 q CA1iIA{�S 3 �' sw.3a4 PL N SW W PL v� w R Panther NN N r �'r� Sherwood m1 sr 3�5 PL Lake 3W 346 ST _ SW 345 PL - / sw Forest SW .848ST tea- ... Elem. Pu Elem. _4B �, N ¢ .ws>xo St. Francis Cal yt'• ST N 3 Sa sey�• S 345 LN i"IOSpltal SW 348 Pl ¢ t �A4� Si F S C} m > rn. Syl c?�ti SW347sr m ; S( ti'3 a: m Y 'T4'+?� N j Panther Lake. _ - N SW 347 PL �sss•'••{i{{ r N ' �! 9 �y SW 347 PL ; y SW 348_Sr `> 347 ST SW 347 PL 91N 347 $-r ' Q� N N 4 IAW U. 9 QT J ! �" S 348 ST m as COUNCIL MEETING DATE: November 21, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 6f SUBJECT: 2024 ASPHALT OVERLAY PROGRAM PRELIMINARY PROJECT LIST AND AUTHORIZATION TO BID POLICY QUESTION: Should the City Council approve the 2024 Asphalt Overlay Program Preliminary Project List and authorize staff to proceed with the design and bidding of the project? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 6, 2023 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh, Civil Engineer J1 DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated November 6, 2023. Options Considered: 1. Approve the list of streets for the 2024 Asphalt Overlay Project as presented and authorize staff to bid the project, returning for authorization to award the project within the available 2024 Asphalt Overlay budget to the lowest responsive, responsible bidder. 2. Direct staff to modify the preliminary list and return it to Committee for further action. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: I a S V DIRECTOR APPROVAL: �jp��yL3 Tommitt auliciE Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 21, 2023 City Council consent agenda for approvgY J46VtTov6y, Committee Chair Jack Walsh, Committee Member Hoang Tran, ommittee Member PROPOSED COUNCIL MOTION: "I move to approve the list of streets for the 2024 Asphalt Overlay Project as presented and authorize staff to bid the project, returning for authorization to award within the available budget to the lowest responsive, responsible bidder. " (BELOW TO BE COMPLETED BY CITY CLERKS _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: November 6, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Jeff Huynh,,Civil Engineer-.V SUBJECT: 2024 Asphalt Overlay Program Preliminary Project List and Authorization to Bid Financial Impacts: The cost to the City for the 2024 Asphalt Overlay Program will be included within the approved budget under the Public Works Department, Capital Project Fund 102. In accordance with the approved budget, this item is funded by real estate excise tax (BEET), Motor Vehicle Fuel Tax (MVFT), carry forward from 2023 Overlay, and Solid Waste Utility tax revenues. There are no impacts on future operations and maintenance costs as this is a repair existing infrastructure. Background Information: The Public Works staff has developed a list of recommended streets for the 2024 Asphalt Overlay Program. Available Funding: The available budget is comprised of the following: Arterial Program REET and MVET (Fund 102) $1,456,000 Residential and Arterial Program Solid Waste $2,200,000 Carry Forward from 2023 Overlay (Estimated) $800,000 Utility Tax SWM Transfer $50,000 Park Transfer $236,000 ADA Retrofits Transfer $192,000 ESTIMATED FUND AVAILABLE TOTAL = $4,934,000 Estimated Expenditures: The following is a breakdown of the estimated total project construction costs based on the 2023 Overlay Program low bid: SCHEDULE DESCRIPTION AMOUNT Arterial Program A 215S Ave SW (SW 356" St to SW 348"' St) $549,000 D S 369" St (Milton Way S to Enchanted Parkway)4 $669,000 Residential Program B S 328' St (North Lake Shore Lands) $545,000 C SW 279' PI (Bayview) $314,000 E SW 3215t St (West Campus) $1,015,000 Rev 6/2020 November 6, 2023 Land Use and Transportation Committee 2024 Asphalt Overlay Program Preliminary Project List and Authorization to Bid Page 2 F S 333`d St (111 Way S to Round -A -Bout) $446,000 H S 317' PI (Hillside Heights) $782,000 Park Program G I Alderbrook Park $236,000 Curb Ramp Retrofits I ICitywide $192,000 ESTIMATED SUBTOTAL OVERLAY PROGRAM COSTS: $4,748,000 Construction Contingency (10%) $474,800 In-house Design $200,000 Construction Administration and Inspection $200,000 ESTIMATED TOTAL PROGRAM COST: $5,622,800 The estimated cost of $5,622,800 is a preliminary figure used for estimating purposes only. The 2024 Asphalt Overlay Project will be awarded within the available overlay program budget. Once Council approves the list of streets for the Overlay Program, staff will begin the final design. The anticipate date for advertising is February 2024, with construction beginning in April 2024. COUNCIL MEETING DATE: November 21, 2023 ITEM #: 6g CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITYWIDE ADAPTIVE SIGNAL CONTROL SYSTEM - ITS IMPROVEMENTS PHASE 1, 2, AND 3 - PROJECT ACCEPTANCE POLICY QUESTION: Should the Council accept the Citywide Adaptive Signal Control System - ITS Improvements Phase 1, 2, and 3 Project, constructed by Northeast Electric, LLC as complete? COMMITTEE: Land Use and Transportation MEETING DATE: November 6, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Mulkey, P.E. Senior Civil EngineerRM DEPT: Public Works Attachments: 1. Memorandum to LUTC dated November 6, 2023 Options Considered: 1. Authorize final acceptance of the Citywide Adaptive Signal Control System — ITS Improvements Phase 1, 2 and 3 constructed by Northeast Electric, LLC in the amount of $1,793,83 8.13. 2. Do not authorize final acceptance of the Citywide Adaptive Signal Control System — ITS _ Improvements Phase 1, 2 and 3 pnlject and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: e7 /IRECTOR APPROVAL: 21 1301 W7%-> Co uee r ouncil f � InitiaUDate Tnisiatli]ase initial/Date COMMITTEE RECOMMENDATION: I move to forward Option lto the November 21, 2023 consent agenda for approval. c ov mittee Chair Jack Walsh, Committee Hoang l an. Committee Member Member PROPOSED COUNCIL MOTION: "I move to authorize final acceptance of the Citywide Adaptive Signal Control System — ITS Improvements Phase 1, 2 and 3 constructed by Northeast Electric, LLC in the amount of $1, 793, 838.13. " (BELOW TO BE COMPLETED BYCITYCLER%'S OEFICF,% 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: November 6, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director John Mulkey, P.E., Senior Civil Engineer JRM SUBJECT: Citywide Adaptive Signal Control System - ITS Improvements Phase 1, 2, and 3 - Project Acceptance Financial Impacts: Construction of the Citywide Adaptive Signal Control System — ITS Improvements Phase 1, 2, and 3 project is complete and there are no additional contract expenditures anticipated. Ongoing costs associated with operations and maintenance will be funded through Traffic Maintenance funds which are reviewed and adjusted as required during the budget process. Background Information: The City Council approved the award of this contract to Northeast Electric, LLC on July 19, 2022, and authorized a maximum contract amount of $1,729,780.00. Additional Funds were authorized by Council on November 17, 2020 resulting in a revised maximum contract amount of $1,805,661.00. Prior to the release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet the requirements of the State Departments of Revenue, Employment Security, and Labor & Industries. The Citywide Adaptive Signal Control System - ITS Improvements Phase 1, 2, and 3 Project constructed by Northeast Electric, LLC. is complete. The final construction contract amount is $1,793,838.13. This is $11,822.87 below the authorized maximum contract amount. Rev. 7/18 6h COUNCIL MEETING DATE: November 21, 2023 ITEM #:_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2022 STORM PIPE REPAIR PROJECT —PROJECT ACCEPTANCE POLICY QUESTION: Should Council accept the 2022 Storm Pipe Repair Project constructed by Road Construction Northwest, Inc. as complete? COMMITTEE: Land Use and Transportation MEETING DATE: November 6, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Christine Mullen. P.E. qVV' DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated November 6, 2023. Options Considered: 1. Authorize final acceptance of the 2022 Storm Pipe Repair Project constructed by Road Construction Northwest, Inc., in the amount of $324,735.22 as complete. 2. Do not authorize final acceptance of the 2022 Storm Pipe Repair Project as complete and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: "Inft4iaimt. I DIRECTOR APPROVAL: fi l-vlurL3 C'om Z;� ' j itiaMate Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the November 21, 2023 consent agenda for approval. JA c Dove , C An6mittee Chair Jack Walsh, Committee Member Hoang Trat , Committee Member PROPOSED COUNCIL MOTION: "I move to authorize final acceptance of the 2022 Storm Pipe Repair Project constructed by Road Construction Northwest, Inc., as complete. " _ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION 4 CITY OF FEDERAL WAY MEMORANDUM DATE: November 6, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director cvo.-- Christine Mullen, P.E., Engineering Manager go" SUBJECT: 2022 Storm Pipe Repair Project — Project Acceptance Financial Impacts: Construction of the 2022 Storm Pipe Repair Project is complete and there are no additional contract expenditures anticipated. Ongoing costs associated with operations and maintenance will be performed and funded through Stormwater Maintenance which is reviewed and adjusted as required during the budget process. Backaroynd Information: The City Council approved the award of this contract to Road Construction Northwest, Inc. on August 9, 2022, and authorized a maximum contract amount of $341,729.30. Prior to the release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet the requirements of the State Departments of Revenue, Employment Security, and Labor & Industries. The 2022 Storm Pipe Repair Project, constructed by Road Construction Northwest, Inc. is complete. The final construction contract amount is $324,735.25. This is $16,994.05 below the authorized maximum contract amount. Rev. 7/18 COUNCIL MEETING DATE: November 21, 2023 ITEM #: i31 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FORMER BRIDGES BARN DEMOLITION- PROJECT ACCEPTANCE POLICY QUESTION: Should Council accept the Former Bridges Barn Demolition performed by Maroni Construction Inc., as complete? COMMITTEE: Land Use and Transportation CATEGORY: ® Consent MEETING DATE: November 6, 2023 ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jarred Larson, PW Onerations Manae,er �' DEPT: Public Wor IG Attachments: Memorandum to Land Use and Transportation Committee dated November 6, 2023. Options Considered: 1. Authorize final acceptance of the Former Bridges Barn Demolition completed by Maroni Construction Inc., in the amount of $81,078.74 as complete. 2. Do not authorize final acceptance of the Former Bridges Barn Demolition as complete and provide direction to staff. MAYOR'S RECOMMEN TION: Option 1. MAYOR APPROVAL: D t"ln2iauilaw IRECTOR APPROVAL: d�� 1013o� ' Com utcc Initial/Date initial/Date COMMITTEE RE71MENDATION: "I move to forward Option 1 to the November 21, 2023 consent agenda for approval. /{ mittee Chair Jack Walsh, Committee Member 16!� - Hoang Tra , Committee Member PROPOSED COUNCIL MOTION: "I move to authorize final acceptance of the Former Bridges Barn Demolition completed by Maroni Construction Inc., in the amount of $81, 078.74 as complete. " (BELOW TO BE COMPLETED BYCITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances onl)J ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 6, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director ti� .Tarred Larson, PW Operations Manager ?'- SUBJECT: Former Bridges Barn Demolition- Project Acceptance Financial Impacts: Demolition of the Former Bridges Barn is complete and there are no additional contract expenditures anticipated. Background Information: The City Council approved the award of this contract to Maroni Construction Inc., on July 18, 2023, and authorized a maximum contract amount of $115,225.26. Prior to the release of retainage on Public Works construction project, the City Council must accept the work as complete to meet the requirements of the State Departments of Revenue, Employment Security, and Labor & Industries. The Former Bridges Barn Demolition project, performed by Maroni Construction Inc., is complete. The final contract amount is $81,078.74. This is $34,146.52 below the authorized maximum contract amount. Rev. 7/1 S COUNCIL MEETING DATE: November 21, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL 6' ITEM #: ) SUBJECT: Transportation Demand Management Implementation Agreement with WSDOT POLICY QUESTION: Should the Council authorize the Mayor to enter into an agreement with the Washington State Department of transportation (WSDOT) allowing the State to reimburse the City its proportionate share of the technical assistance funding for implementing the State Commute Trip Reduction (CTR) law? COMMITTEE: Land Use and Transportation MEETING DATE: November 6, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Deeksha Nagaraj, Transportation Planner DNDEPT: Public Works Attachments: 1. Staff Report 2. WSDOT Agreement Options Considered: 1. Authorize the Mayor to enter into an agreement with WSDOT to accept the state CTR technical fund in amount of $49,900 for the 2023 — 2025 biennium. 2. Do not authorize the Mayor to into an agreement with WSDOT and Implement CTR program as required by state law and local CTR ordinance without the State CTR technical fund. The City would need to allocate budget in the amount of $49,900 for the 2023 — 2025 biennium. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Options 1 to the November 21, 2023 Council Consent Agenda for approval. MAYOR APPROVAL: �r DIRECTOR APPROVAL: vZ— jd jptun3 'Con ntae C&MC11 '�� ailDate InitiaUDate initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Option 1 to the November 21, 2023 consent Chair Jack Walsh, Committee Member Hoang Tran, ommittee Member PROPOSED, COUNCIL MOTION: "I move approval of the Transportation Demand Management Implementation Agreement with WSDOT to accept the state funding in the amount of $49,900, effective July 1, 2023 through June 30, 2025, and authorize the Mayor to sign 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 - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 6, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: E.J. Walsh, P.E., Public Works Director`s Deeksha Nagaraj, Transportation Planner , DN SUBJECT: Transportation Demand Management Implementation Agreement with WSDOT Financial Impacts: The item is not anticipated to have financial impact on the City. The City will be receiving grant funds from the Washington State to develop and implement the Commute Trip Reduction Program. Back round Information: The Washington State Department of Transportation (WSDOT) provides funding to the City for developing and implementing the Commute Trip Reduction (CTR) programs as required by State law. The City's current Transportation Demand Management (TDM) agreement with WSDOT has expired and a new agreement is required to receive funding. The TDM program requires a four-year agreement with WSDOT from July 1, 2023 through June 30, 2027. However, only the first two years from July 1, 2023 through June 30, 2025 are funded. The remaining two years are subjected to funds appropriation by the Washington State Legislature; once appropriated, the agreement will be amended. The purpose of the agreement is to allow the State to reimburse the City its proportionate share of the technical assistance funding. The work performed under this agreement is described in the agreement in the section entitled "Scope of Work and Budget". The agreement capped funding allocation to the City at $49,900.00 for the July 1, 2023 through June 30, 2025 biennium and additional $49,900.00 for the July 1, 2025 through June 30, 2027. Rev. 7/18 Washington State Department of Transportation Public Transportation Division 310 Maple Park Avenue S.E. P.O. Box 47387 Olympia, WA 98504-7387 WSDOT Contact: Matthew Cramer 360-905-2152 cram_ema CcDwsdo_t.wa.gov Commute Trip Reduction (CTR) .Agreement Number PTDO837 Contractor. City of Federal Way 33325 8th Avenue S 'Term of Project July 1, 2023 through June 30, 2025 Federal Way, WA 98063 Contact. Sarady Long 253-835-2743 sarady.long @cityoffederalway.co 'Vendor # SWO0159570 0 THIS AGREEMENT, entered into by the Washington State Department of Transportation, hereinafter "WSDOT," and the Contractor identified above, hereinafter the "CONTRACTOR," individually the "PARTY" and collectively the "PARTIES." WHEREAS, RCW 70A.15.4000 through RCW 70A.15.4110 establishes the state's leadership role, and the requirements and parameters to reduce traffic congestion, fuel use, and air pollution through commute trip reduction programs, including transportation demand management programs for growth and transportation efficiency centers ("GTEC") in Washington State; and WHEREAS, the State of Washington in its Sessions Laws of 2023, Chapter 472 Section 221 authorizes funding for Public Transportation Programs and other special proviso funding as identified in the budget through its 2023-2025 biennial appropriations to WSDOT; and NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: SCOPE OF WORK AND BUDGET The CONTRACTOR agrees to provide Transportation Demand Management (TDM) services, primarily used to support local Commute Trip Reduction (CTR) programs associated with the Statewide Commute Trip Reduction Program, including: 1) Development and submission of an Administrative Work Plan by the end of the first quarter of this AGREEMENT that must be approved by WSDOT in writing; and 2) Implementation of the strategies and production of the deliverables outlined in the WSDOT-approved Administrative Work Plan in order to implement a CTR program. The Administrative Work Plan shall be incorporated as an amendment to this AGREEMENT. Funds Current Funds Commute Trip Reduction (MMA) $ 49,900 Total Project Cost $ 49,900 Budget: Current Funds reflect total funding appropriated by the Washington State Legislature for the Project in the 2023-2025 biennium. City of Federal Way Page 1 of 14 PTD0837 Section 2 Purpose of Agreement The purpose of this AGREEMENT is for WSDOT to provide funds to the CONTRACTOR for public transportation services that meet the needs of persons in the State of Washington. Section 3 Scope of Project The CONTRACTOR agrees to perform all designated tasks of the Project under this AGREEMENT as described in "Scope of Work and Budget". Section 4 Term of Agreement The CONTRACTOR shall commence, perform, and complete the work identified under this AGREEMENT within the time defined in the caption space header titled "Term of Agreement" on this AGREEMENT regardless of the date of signature and execution of this AGREEMENT unless terminated as provided herein. Section 5 General Compliance Assurance A. The CONTRACTOR agrees to comply with all instructions as prescribed in WSDOT's Commute Trip Reduction Guidebook, hereinafter referred to as the "Guidebook", and any amendments thereto, found at littps://www.wsdot.wa.gov/transit/ rants/a I -mana e- our- rant , which by this reference is fully incorporated herein. B. The CONTRACTOR agrees that WSDOT, and/or any authorized WSDOT representative, shall have not only the right to monitor the compliance of the CONTRACTOR with respect to the provisions of this AGREEMENT but also have the right to seek judicial enforcement with regard to any matter arising under this AGREEMENT. Section 6 Administrative Work Plan A. The CONTRACTOR agrees to submit to WSDOT an administrative work plan by the end of the first quarter of this agreement or when the CONTRACTOR submits its first invoice, whichever is sooner. The administrative work plan will include the following elements' a. The work plan shall identify the deliverables, schedule, expected outcomes, performance measures, and strategies associated with this AGREEMENT and other strategies as defined in the approved and locally adopted CTR or GTEC plans. These plans may include but are not limited to, recruiting new employer worksites, reviewing employer programs and providing site -specific suggestions for improved CTR performance, administering surveys, CTR Work Plan reviewing program exemption requests, providing employer training, providing incentives, performing promotion and marketing, and providing emergency ride home and other commuter services. b. The administrative work plan may be amended based on a mutual written agreement between the WSDOT Project Manager and the CONTRACTOR. City of Federal Way Page 2 of 14 PTD0837 Section 7 CTR or GTEC Plan The CONTRACTOR shall prepare and submit a local CTR and/or GTEC plan for each jurisdiction supported by project funds. The plan will meet the standards defined in the "Guidance Document." Section 8 Survey Coordination The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners for Commute Trip Reduction employer surveys. Section 9 Database Updates The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR's contracting partners with updated lists of affected or participating worksites, employee transportation coordinators, and jurisdiction contacts, as requested. These updates will be submitted in a format specified by WSDOT. Section 10 Use of State Funds for Incentives The CONTRACTOR agrees to use State funds provided as part of this AGREEMENT in accordance with incentives guidance that WSDOT shall provide to the CONTRACTOR. Section 11 Coordination with Regional Transportation Planning Organizations (RTPO) The CONTRACTOR shall coordinate the development and implementation of its CTR and/or GTEC plan and programs with the applicable regional transportation planning organization (RTPO). The CONTRACTOR agrees to notify the RTPO of any substantial changes to its plans and programs that could impact the success of the regional CTR plan. The CONTRACTOR agrees to provide information about the progress of its CTR and/or GTEC plan and programs to the RTPO upon request. Section 12 Project Records The CONTRACTOR agrees to establish and maintain accounts for the Project in order to sufficiently and properly reflect all eligible direct and related indirect Project costs incurred in the performance of this AGREEMENT. Such accounts are referred to herein collectively as the "Project Account." All costs claimed against the Project Account must be supported by properly executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in sufficient detail the nature and propriety of the costs claimed. City of Federal Way Page 3 of 14 PTD0837 Section 13 Reimbursement and Payment A. Payment will be made by WSDOT on a reimbursable basis for actual costs and expenditures incurred while performing eligible direct and related indirect Project work during the life of the Project. Payment is subject to the submission to and approval by WSDOT of properly prepared invoices that substantiate the costs and expenses submitted by the CONTRACTOR for reimbursement. Failure to send in progress reports and financial information as required in Section 16 — "Reports" may delay payment. The CONTRACTOR shall submit an invoice detailing and supporting the costs incurred. Such invoices may be submitted no more than once per month and no less than once per year, during the course of this AGREEMENT. If approved by WSDOT, properly prepared invoices shall be paid by WSDOT within thirty (30) days of receipt of the invoice. B. State Fiscal Year End Closure Requirement (RCW 43.88): The CONTRACTOR shall submit an invoice for completed work in the same state fiscal year in which it was incurred. Pursuant to RCW 43.88.020(12) "fiscal year" is defined as the year beginning July 1 st and ending the following June 30th. Reimbursement requests must be received no later than July 15 of the following state fiscal year. If the CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR shall provide an estimate of the charges to be billed so WSDOT may accrue the expenditures in the proper fiscal year. Any payment request received after the timeframe prescribed above will not be eligible for reimbursement. Section 14 Assignments and Subcontracts A. The CONTRACTOR shall submit to WSDOT a copy of any contract, amendment, or change order thereto pertaining to this Project for review and documentation. This includes any completed Project facilities and/or infrastructure under this AGREEMENT, or other actions obligating the CONTRACTOR in any manner with any third party with respect to its rights and responsibilities under this AGREEMENT, including any leasing and/or lending the Project or any part thereof to be used by anyone, not under the CONTRACTOR's direct supervision. B. The CONTRACTOR agrees to include all applicable sections of the AGREEMENT such as Sections 5, 10, 11, and Sections 15 through 27, of this AGREEMENT in each subcontract and in all contracts, it enters into for the employment of any individual, procurement of any materials, or the performance of any work to be accomplished under this AGREEMENT. Section 15 Funding Distribution The CONTRACTOR may distribute funds to local jurisdictions to include counties, cities, transit agencies, Transportation Management Associations, Metropolitan Planning Organizations, or other eligible organizations authorized to enter into agreements for the purposes of implementing CTR and/or GTEC, plans as applicable, and as authorized by RCW 70A.15.4080, and by ordinances adopted pursuant to RCW 70A.15.4020(5). City of Federal Way Page 4 of 14 PTD0837 Section 16 Reports The CONTRACTOR shall prepare and submit quarterly, and annual program reports pursuant to this agreement and as prescribed in WSDOT's Transportation Demand Implementation Guidebook. Due to Legislative and WSDOT reporting requirements, any required quarterly progress reports shall be submitted for the duration of the AGREEMENT period regardless of whether the underlying funding sources have been exhausted. Post -grant annual performance reporting may also be required as prescribed in the aforementioned guidebook. Section 17 Implementation Plans The CONTRACTOR shall incorporate appropriate sections of the "Scope of Work and Budget" and description of allowable incentives in accordance with the incentives guidance provided to the CONTRACTOR by WSDOT as set forth in Section 10 of this AGREEMENT, as well as the WSDOT-approved Administrative Work Plan, in all agreements with an eligible contracting partner(s), as necessary, to coordinate the development, implementation, and administration of such CTR and/or GTEC plans, and in compliance with applicable ordinances. Section 18 Energy Credit To the extent CONTRACTOR receives any monies from the sale or disposition of energy credits, decarbonization credits, environmental credits, or any other monies through its participation in a like program, CONTRACTOR agrees to reinvest those monies into services and projects consistent with the STATE'S public transportation grant program. CONTRACTOR'S obligation to reinvest these monies under this provision shall be in an amount no less than the proportion of the STATE'S funding of this AGREEMENT. Section 19 No obligation by the state government' No contract between the CONTRACTOR and its subcontractors shall create any obligation or liability for WSDOT with regard to this AGREEMENT without WSDOT's specific written consent, notwithstanding its concurrence in, or approval of, the award of any contract or subcontract or the solicitations thereof. Section 20 Personal Liability of Public Officers No officer or employee of WSDOT shall be personally liable for any acts or failure to act in connection with this AGREEMENT, it being understood that in such matters they are acting solely as agents of WSDOT. City of Federal Way Page 5 of 14 PTD0837 Section 21 Ethics A. Relationships with Employees and Officers of WSDOT The CONTRACTOR shall not extend any loan, gratuity, or gift of money in any form whatsoever to any employee or officer of WSDOT, nor shall CONTRACTOR knowingly rent or purchase any equipment and materials from any employee or officer of WSDOT. B. Employment of Former WSDOT Employees. The CONTRACTOR hereby warrants that it shall not engage on a full-time, part-time, or other basis during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of WSDOT without written consent of WSDOT. Section 22 Civil rights The CONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any WSDOT-assisted contract or in the administration of its public transportation services. Section 23 Compliance with Laws and Regulations A. The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations including but not limited to, those concerning employment, equal opportunity employment, nondiscrimination assurances, project record keeping necessary to evidence compliance with such federal and state laws and regulations, and retention of all such records. The CONTRACTOR will adhere to all applicable nondiscrimination provisions in chapter 49.60 RCW. B. Additionally, the CONTRACTOR agrees to comply with the following: a. SIB 5974 Move Ahead Washington b. RCW 70A.02 Healthy Environmental for All (HEAL) ACT, and c. RCW 70A. 65.260 Climate Commitment ACT. C. Except when a federal statute or regulation preempts state or local law, no provision of the AGREEMENT shall require the CONTRACTOR to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of state or local law. If any provision or compliance with any provision of this AGREEMENT violates state or local law or would require the CONTRACTOR to violate state or local law, the CONTRACTOR agrees to notify WSDOT immediately in writing. Should this occur, WSDOT and the CONTRACTOR agree to make appropriate arrangements to proceed with or, if necessary, expeditiously, terminate the AGREEMENT. City of Federal Way Page 6 of 14 PTD0837 Section 24 Environmental and Regulatory Requirements The CONTRACTOR agrees to secure any necessary local, state, and federal permits and approvals, and comply with all applicable requirements of Chapter 43.21C RCW State Environmental Policy Act (SEPA). The CONTRACTOR agrees to comply with all applicable requirements of Executive Order 21-02, Archaeological and Cultural Resources, for all capital construction projects or land acquisitions not undergoing Section 106 review under the National Historic Preservation Act of 1966 (Section 106). Section 26 Accounting Records The CONTRACTOR agrees to establish and maintain accounts for the Project in order to sufficiently and properly reflect all eligible direct and related indirect Project costs incurred in the performance of this AGREEMENT. Such accounts are referred to herein collectively as the "Project Account." All costs claimed against the Project Account must be supported by properly executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in sufficient detail the nature and propriety of the costs claimed. Section 26 Audits, Inspections, and Records Retention WSDOT, the State Auditor, and any of their representatives shall have full access to and the right to examine, during normal business hours and as often as they deem necessary, all of the CONTRACTOR's records with respect to all matters covered by this AGREEMENT. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and other matters covered by this AGREEMENT. In order to facilitate any audits and inspections, the CONTRACTOR shall retain all documents, papers, accounting records, and other materials pertaining to this AGREEMENT for six (6) years from the date of completion of the Project or the Project's final payment date. However, in case of audit or litigation extending past that six (6) year's period, then the CONTRACTOR must retain all records until the audit or litigation is completed. The CONTRACTOR shall be responsible to assure that the CONTRACTOR and any subcontractors of the CONTRACTOR comply with the provisions of this section and provide, WSDOT, the State Auditor, and any of their representatives, access to such records within the scope of this AGREEMENT. Section 27 Labor Provisions Overtime Requirements. No CONTRACTOR or subcontractor contracting for any part of the Project work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek CONTRACTOR will comply with all applicable provisions of Title 49 RCW, Labor Regulations. City of Federal Way Page 7 of 14 PTD0837 Section 28 Changed Conditions Affecting Performance The CONTRACTOR hereby agrees to immediately notify WSDOT of any change in conditions or law, or of any other event, which may affect its ability to perform the Project in accordance with the provisions of this AGREEMENT. Section 29 Remedies for Misuse or Noncompliance. If WSDOT determines that the funds have been used in a manner materially different from Section 1, WSDOT may direct the CONTRACTOR to repay WSDOT the State -funded share of the Project. WSDOT may also withhold payments should it determine that the CONTRACTOR has failed to materially comply with any provision of this AGREEMENT. Section 30 Disputes A. Disputes. Disputes, arising in the performance of this AGREEMENT, which is not resolved by agreement of the PARTIES, shall be decided in writing by the WSDOT Public Transportation Division's Assistant Director or Designee. This decision shall be final and conclusive unless within ten (10) days from the date of the CONTRACTOR'S receipt of WSDOT's written decision, the CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the Public Transportation Division or the Director's designee. The CONTRACTOR's appeal shall be decided in writing by the Director of the Public Transportation Division within thirty (30) days of receipt of the appeal by the Director of the Public Transportation Division or the Director's designee. The decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the decision. B. Performance During Dispute. Unless otherwise directed by WSDOT, CONTRACTOR shall continue performance under this AGREEMENT while matters in dispute are being resolved. Section 31 Termination A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or terminate this AGREEMENT, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the other PARTY. In the case of partial termination WSDOT and the CONTRACTOR shall agree upon the AGREEMENT termination provisions including but not limited to the settlement terms, and conditions. Written notification must set forth the reasons for such termination, the effective date, and in case of a partial termination the portion to be terminated. However, if in the case of partial termination, WSDOT determines that the remaining portion of the award will not accomplish the purposes for which the award was made, WSDOT may terminate the award in its entirety. The PARTIES may terminate this AGREEMENT for convenience for reasons including, but not limited to, the following: 1. The requisite funding becomes unavailable through failure of appropriation or otherwise; 2. WSDOT determines, in its sole discretion, that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; 3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of an Executive Order of the President with respect to the prosecution of a war or in the interest City of Federal Way Page 8 of 14 PTD0837 of national defense; or an Executive Order of the President or Governor of the state with respect to the preservation of energy resources; 4. The CONTRACTOR is prevented from proceeding with the Project by reason of a temporary preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the CONTRACTOR; or 5. The state Government determines that the purposes of the statute authorizing the Project would not be adequately served by the continuation of financial assistance for the Project. 6. In the case of termination for convenience under subsections A.1-5 above, WSDOT shall reimburse the CONTRACTOR for all costs payable under this AGREEMENT that the CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall promptly submit its claim for reimbursement to WSDOT. If the CONTRACTOR has any property in its possession belonging to WSDOT, the CONTRACTOR will account for the same, and dispose of it in the manner WSDOT directs. B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the CONTRACTOR, if the CONTRACTOR materially breaches or fails to perform any of the requirements of this AGREEMENT, including: 1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which under the procedures of this AGREEMENT would have required the approval of WSDOT; 2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America laws, Washington state laws, or local governmental laws under which the CONTRACTOR operates; 3. Fails to make reasonable progress on the Project or other violation of this AGREEMENT that endangers substantial performance of the Project; or 4. Fails to perform in the manner called for in this AGREEMENT or fails, to comply with, or is in violation of, any provision of this AGREEMENT. 5. WSDOT shall serve a notice of termination on the CONTRACTOR setting forth the manner in which the CONTRACTOR is in default. If it is later determined by WSDOT that the CONTRACTOR had an excusable reason for not performing, such as events which are not the fault of or are beyond the control of the CONTRACTOR, such as a strike, fire or flood, WSDOT may: (a) allow the CONTRACTOR to continue work after setting up a new delivery of performance schedule, or (b) treat the termination as a termination for convenience. C. WSDOT, in its sole discretion, may, in the case of a termination for breach or default, allow the CONTRACTOR ten (10) business days, or such longer period as determined by WSDOT, in which to cure the defect. In such cases, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If the CONTRACTOR fails to remedy to WSDOT's satisfaction the breach or default within the timeframe and under the conditions set forth in the notice of termination, WSDOT shall have the right to terminate this AGREEMENT without any further obligation to CONTRACTOR. Any such termination for default shall not in any way operate to preclude WSDOT from also pursuing all available remedies against CONTRACTOR and its sureties for said breach or default. D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT's remedies for any succeeding breach of that or of any other term, covenant, or condition of this AGREEMENT. City of Federal Way Page 9 of 14 PTD0837 E. Any termination of the AGREEMENT, whether for convenience or for default, that requires the AGREEMENT to be terminated or discontinued before the specified end date set forth in the caption header, "Term of Project", shall require WSDOT to amend the AGREEMENT by written amendment to reflect the termination date and reason for termination. Section 32 Agreement Modifications A. Either PARTY may request changes to this AGREEMENT, including changes in the Scope of Work and Budget. Such changes that are mutually agreed upon shall be incorporated as written amendments to this AGREEMENT. No variation or alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by authorized representatives of the PARTIES hereto, provided, however, that changes to the Project title, UPIN, the contact person of either PARTY, biennial adjustments with no impact to the overall project cost, or adding the Administrative Work Plan, will not require a written amendment, but will be approved and documented by WSDOT through an administrative revision. WSDOT shall notify the CONTRACTOR of any such approved revision in writing. B. If an increase in funding by the funding source augments the CONTRACTOR's allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into a written amendment to this AGREEMENT, providing for an appropriate change in the Scope of Work and Budget and/or the Total Project Cost in order to reflect any such increase in funding. C. If a reduction of funding by the funding source reduces the CONTRACTOR's allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into a written amendment to this AGREEMENT providing for an appropriate change in the Scope of Work and Budget and/or the Total Project Cost in order to reflect any such reduction of funding. Section 33 Recapture Provision In the event that the CONTRACTOR fails to expend State Funds in accordance with state law and/or the provisions of this AGREEMENT, WSDOT reserves the right to recapture State Funds in an amount equivalent to the extent of noncompliance. The CONTRACTOR agrees to repay such State Funds under this recapture provision within thirty (30) days of demand. Section 34 Forbearance by WSDOT Not a Waiver Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Section 35 Waiver In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute or be construed as a waiver by WSDOT of any CONTRACTOR breach, or default, and shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default. In no event shall acceptance of any WSDOT payment of grant funds by the CONTRACTOR constitute or be construed as a waiver by the CONTRACTOR of any WSDOT breach, or default City of Federal Way Page 10 of 14 PTD0837 which shall in no way impair or prejudice any right or remedy available to CONTRACTOR with respect to any breach or default. Section 36 Limitation of Liability and Indemnification A. The CONTRACTOR shall indemnify, defend, and hold harmless WSDOT, its agents, employees, and officers and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as "claims"), of whatsoever kind or nature brought against WSDOT, arising out of, in connection with or incident to the execution of this AGREEMENT and/or the CONTRACTOR's performance or failure to perform any aspect of this AGREEMENT. This indemnity and defense provision applies to all claims against WSDOT, its agents, employees, and officers arising out of, in connection with, or incident to the negligent acts or omissions of the CONTRACTOR, its agents, employees, officers, and subcontractors of any tier. Provided, however, that nothing herein shall require the CONTRACTOR to indemnify, defend, and hold harmless or defend WSDOT, its agents, employees, or officers to the extent that claims are caused by the sole negligent acts or omissions of WSDOT, its agents, employees or officers; and provided further that if such claims result from the concurrent negligence of (a) the CONTRACTOR its employees, agents, officers or contractors and (b) the STATE, its employees or authorized agents, or involves those actions covered by RCW 4.24.115, the indemnity and defense provisions provided herein shall be valid and enforceable only to the extent of the negligence of the PARTY, its employees, officers, authorized agents, and/or contractors. The indemnification and hold harmless provision shall survive termination of this AGREEMENT. B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in any manner be deemed to be the employees of WSDOT. C. The CONTRACTOR specifically assumes potential liability for actions brought by the CONTRACTOR's employees and/or subcontractors and solely for the purposes of this indemnification and defense, the CONTRACTOR, by mutual negotiation, specifically waives any immunity under the state Industrial Insurance Law, Title 51 Revised Code of Washington. D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs, or other legal expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY, all such fees, costs, and expenses shall be recoverable by the prevailing PARTY. Section 37 Agreement Modifications Either PARTY may request changes to this AGREEMENT. Any changes to the terms of this AGREEMENT must be mutually agreed upon and incorporated by written amendment to this AGREEMENT. Such written amendment to this AGREEMENT shall not be binding or valid unless signed by the persons authorized to bind from each of the PARTIES. Provided, however, that changes to the federal award identification number, DUNS, project title, federal ID number, CFDA number, milestones, PIN the contact person of either PARTY, or dollar amount changes that do not affect the Project total cost, will not require a written amendment, but will be approved and documented by WSDOT through an administrative revision. WSDOT shall notify the CONTRACTOR of the revision in writing. City of Federal Way Page 11 of 14 PTD0837 Section 38 WSDOT Advice The CONTRACTOR bears complete responsibility for the administration and success of the work as it is defined in this AGREEMENT and any amendments thereto. Although the CONTRACTOR may seek the advice of WSDOT, the offering of WSDOT advice shall not modify the CONTRACTOR's rights and obligations under this AGREEMENT and WSDOT shall not be held liable for any advice offered to the CONTRACTOR. Section 39 Venue and Process In the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston County. The PARTIES agree that the laws of the State of Washington shall apply. Section 40 Subrogation A. Prior to Subrogation: WSDOT may require the CONTRACTOR to take such reasonable action as may be necessary or appropriate to preserve the CONTRACTOR's right to recover damages from any person or organization alleged to be legally responsible for injury to the Project Equipment as defined in the scope of work or other property in which WSDOT has a financial interest. B. Subrogation. WSDOT may require the CONTRACTOR to assign to WSDOT all right of recovery against any person or organization for loss, to the extent of WSDOT's loss. Upon assignment, the CONTRACTOR shall execute, deliver, and do whatever else reasonably necessary to secure WSDOT's rights. The CONTRACTOR shall do nothing after any loss to intentionally prejudice the rights of WSDOT. C. Duties of the CONTRACTOR. If WSDOT has exercised its right of subrogation, the CONTRACTOR shall cooperate with WSDOT and, upon WSDOT's request, assist in the prosecution of suits and enforce any right against any person or organization who may be liable to WSDOT due to damage of Project Equipment. The CONTRACTOR shall attend hearings and trials as requested by WSDOT, assist in securing and giving evidence as requested by WSDOT, and obtain the attendance of witnesses as requested by WSDOT. Section 41 Severability If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall not affect the validity or obligation of performance of any other covenant or provision, or part thereof, that in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. City of Federal Way Page 12 of 14 PTD0837 Section 42 Counterparts This AGREEMENT may be executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned in such executed counterpart and does hereby accept State Funds and agrees to all of the terms and conditions thereof. Section 43 Complete Agreement This document contains all covenants, stipulations, and provisions agreed upon by the PARTIES. No agent or representative of WSDOT or the CONTRACTOR has authority to make, and neither WSDOT nor the CONTRACTOR shall be bound by or be liable for, any statement, representation, promise or agreement not set forth herein or made by written amendment hereto. Section 44 Execution This AGREEMENT is executed by the Director of the Public Transportation Division, Washington State Department of Transportation, or the Director's designee, not as an individual incurring personal obligation and liability, but solely by, for, and on behalf of the Washington State Department of Transportation, in his/her capacity as Director of the Public Transportation Division. Section 45 Order of Precedence Any conflict or inconsistency in this AGREEMENT and its attachments will be resolved by giving documents precedence in the following order: 1. , State law 2. This AGREEMENT 3. CTR Guidebook Section 46 Execution This AGREEMENT is executed by the Director, Public Transportation Division, State of Washington, Department of Transportation, or the Director's designee, not as an individual incurring personal obligation and liability, but solely by, for, and on behalf of the State of Washington, Department of Transportation, in the capacity as Director, Public Transportation Division, or as a designee. City of Federal Way Page 13 of 14 PTD0837 Section 47 Agreement Close Out The CONTRACTOR shall notify WSDOT if the AGREEMENT is completed prior to the end date set forth in the caption header, "Term of Agreement'. A written notification needs to be provided to WSDOT that the project is complete. WSDOT will prepare an amendment to modify the AGREEMENT to reflect the actual amount spent and the Project completion date. Section 48 Binding Agreement The undersigned acknowledges that they are authorized to execute the AGREEMENT and bind their respective agency(ies) and/or entity(ies) to the obligations set forth herein. IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year last signed below. WASHINGTON STATE CONTRACTOR DEPARTMENT OF TRANSPORTATION Brian Lagerberg, Director Authorized Representative Public Transportation Division Date Title Print Name Date City of Federal Way PTD0837 Page 14 of 14 6k COUNCIL MEETING DATE: November 21, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM A. SUBJECT: AUTHORIZATION TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY FOR CONSERVATION FUTURES TAX LEVY (CFT) GRANT POLICY QUESTION: Should the Council authorize staff to enter into an interlocal agreement with King County for Conservation Futures tax levy (CFT) grant funding? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Nov. 6, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kent Smith P.E. Sound Transit Liaisol� — DEPT: Public Works Attachments: 1. Staff Report 2. Interlocal Agreement Options Considered: MAYOR'S 1. Authorize staff to enter into an interlocal agreement with King County for the Conservation Futures tax levy grant. 2. Do not authorize staff to enter into the interlocal agreement and provide direction to staff. 4: Option 1. MAYOR APPROVA��12,,�ZMZZ5 A> DIRECTOR APPROVAL: C cSl �j Initial/Date In itiall c COMMITTEE RECOMMENDATION: I move to forward the interlocal agreement to the November 21, 2023 consent Chair Jack Walsh. Committee Member Hoang Tran, ommittee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed interlocal 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 # CITY OF FEDERAL WAY MEMORANDUM DATE: November 6, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director mil` Kent Smith, P.E., Sound Transit Liaison SUBJECT: Authorization to enter into an Interlocal Agreement with King County for the Conservation Futures Tax Levy (CFT) Grant Financial Impacts: This project would require the City to provide up to $1,500,000 in match towards the grant. $250,000 of land match is expected to be provided through King County Fire District parcel. This is achieved by purchasing the property at a lower value than it is assessed at. The required $1,300,000 City match is already allocated towards this project within the Surface Water Management ("SWM") Capital Improvement Program ("CIP") 304 fund as outlined in the SWM Comprehensive Plan. Operational expenses include periodic City inspection and maintenance by the SWM department which is already accounted for within the existing operating. budget. Background Information: This memorandum provides the Council with the current status of new grant funding programs for conservation property acquisition. Staff has evaluated potential properties within the West Hylebos basin creek corridors between S 356"' St and S 373`d St. and determined the following three parcels will likely be competitive for the 2023 Conservation Futures tax levy funding. Any remaining funds will be allocated for future conservation property acquisitions. Location (Parcel Number) Estimated Cost Possible Grant Funds Required City Match West Hylebos Basin Land Acquisition — Creek corridors between S 356"' St. and S 373rd St. 292104-9114 $750,000 292104-9026 $150,000 292104-9153 $1,600,000 f l I Rev 7/18 Total Cost $1,500,000 $1,500,000 $2,500,000 _ _ Rev 7/18 INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY FOR CONSERVATION FUTURES -FUNDED OPEN SPACE ACQUISITION PROJECTS THIS INTERLOCAL COOPERATION AGREEMENT is a grant agreement entered into between the CITY OF FEDERAL WAY ("City") and KING COUNTY ("County"), (collectively, "Parties"). Article I. Recitals On February 27, 1989, the King County Council passed Ordinance 8867, which established a process to allocate the proceeds of the Conservation Futures Fund. On September 21, 1989, the King County Council passed Ordinance 9128, which established a Conservation Futures Levy Fund to provide for the receipt and disbursement of Conservation Futures tax levy proceeds and established conditions for use of the Fund, including conditions covering allowable costs and expenses. On July 21, 2003, the King County Council passed Ordinance 14714, authorizing funding allocation procedures for King County Conservation Futures tax levy collections and amending Ordinance 8867, Section 2, as amended. The Conservation Futures Advisory Committee has recommended an allocation of Conservation Futures proceeds to specific projects from the Conservation Futures Levy Fund following notification to the cities that proceeds were available, provision of an opportunity for the cities to respond and receipt by the committee of requests for funding, all pursuant to Ordinance 8867, as amended by Ordinance 14714. Starting in 1990 and through 2017, the King County Executive, as authorized by the King County Council, executed Interlocal Cooperation Agreements with the cities of Auburn, Bellevue, Black Diamond, Bothell, Burien, Carnation, Covington, Des Moines, Duvall, Enumclaw, Federal Way, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Mercer Island, Milton, Newcastle, Normandy Park, North Bend, Pacific, Redmond, Renton, Sammamish, Seattle, Shoreline, Snoqualmie and Tukwila, and Vashon Park District. Many of these agreements were amended over time to add new projects. The existing Interlocal Cooperation Agreements remain in place with an indefinite term for the projects for which Conservation Futures proceeds were disbursed. The agreements require the properties to be maintained as open space in perpetuity. The King County Council, by Ordinance 18978, has approved a new Interlocal Cooperation Agreement for future projects in order to add terns for the use of bond proceeds for certain projects, achieve consistency between the agreement and the King County Code, and make other technical changes. Pursuant to chapter 39.34 RCW, the Parties agree to the following: Article 11. Definitions 1. Open Space The term "open space" or "open space land" means: (a) any land area so designated by an official comprehensive land use plan adopted by any city or county and zoned accordingly; or (b) any land area, the preservation of which in its present use would (i) conserve and enhance natural or scenic resources, or (ii) protect streams or water supply, or (iii) promote conservation of soils, wetlands, beaches or tidal marshes, 2 or (iv) enhance the value to the public, of abutting or neighboring parks, forests, wildlife reserves, natural reservations or sanctuaries, or other open space, or (v) enhance recreational activities, or (vi) preserve historic sites, or (vii) preserve visual quality along highway, road, and street corridors or scenic vistas, or (viii) retain in its natural state tracts of land of not less than one acre situated in an urban area and open to public use on such conditions as may be reasonably required by the legislative body granting the open space classification, or (c) any land meeting the definition of "farm and agricultural land" conservation under subsection (8) of RCW 84.34.020. As a condition of granting open space classification, the legislative body may not require public access on land classified under (b) (iii) of this subsection for the purpose of promoting conservation of wetlands. 2. Project The term "Project" means the specific projects described in Exhibit A or added by follow-on amendments to disburse proceeds pursuant to Section 8.2 of this agreement. 3. Conservation Futures The term "Conservation Futures" means developmental rights which may be acquired by purchase, gift, grant, bequest, devise, lease or otherwise, except by eminent domain, and may consist of fee simple or any lesser interest, development right, easement, covenant, or other contractual right necessary to protect, preserve, maintain, improve restore, limit future use of, or otherwise conserve open space land, all in accordance with chapter 84.34 RCW and K.C.C. chapter 26.12. Article 11I. Purpose of the Agreement The purpose of this agreement is to create a cooperative arrangement between the City and the County relating to the Project and to define the terms and conditions governing both parties obligations created by this agreement. Article W. Term of Agreement This agreement shall continue in full force and effect and be binding upon the Parties hereto upon execution of the agreement by both parties. The term of the agreement shall be indefinite. The agreement will be terminated if the City is: 1) unable or unwilling to expend the proceeds provided through this agreement; 2) unable or unwilling to satisfy the matching requirements contained in this agreement; and 3) upon reimbursement by the City to the County of all unexpended proceeds provided by the County pursuant to this agreement in the manner and amounts described below and payment of all amounts due pursuant to Section 8.1. Article V. Conditions of Agreement Section 5.1 — Project Descriptions. Proceeds available pursuant to this agreement may be used only for the Projects listed in Exhibit A, such substituted Projects as may be approved by the County as set forth below, or Projects added by follow-on amendments to disburse proceeds pursuant to Section 8.2 of this agreement. All County funded Projects must meet open space criteria as described in chapter 84.34 RCW and K.C.C. chapter 26.12. Section 5.2 — Use of Proceeds. Proceeds provided to the City pursuant to this agreement as well as moneys provided by the City as match pursuant to this agreement may be used only to pay capital costs related to property acquisition. Those costs include 4 appraisals, title searches, negotiations, administrative overhead, and the cost of actual acquisition or purchase options, and all other costs meeting the requirements of K.C.C. 26.I2.010. The City shall have the property valued by an appraisal performed by an independent state -certified real estate appraiser with a current general real estate appraiser license, and reviewed by an independent state -certified general real estate appraiser. In requesting reimbursement of proceeds for the Project, the City shall demonstrate to the County compliance with this Section 5.2. Proceeds utilized pursuant to this agreement may not be used to purchase land obtained through the exercise of eminent domain. Section 5.3 — Completion/Substitution/Deletion of Projects. The City shall complete the Project described in Section 5.1 of this Agreement within a two-year period from the effective date of the County ordinance appropriating funding for the Project. If the City does not meet this two-year requirement, unless the City demonstrates to the Advisory Committee a compelling reason for continuance of CFT funding for the Project beyond the two-year limit or a reprogramming request is timely approved as provided for below, the County shall be released from any obligation to fund the Project, and the County in its sole discretion may reallocate such proceeds for other projects in other jurisdictions. The City may submit specific requests for project reprogramming to the County for its approval within the two-year period. All projects proposed for reprogramming must meet open space criteria as described in chapter 84.34 RCW and K.C.C. chapter 26.12, be submitted for recommendation by the County's Advisory Committee or its successor, and be approved by action of the King County Council. All reprogramming requests shall be submitted to the County's Department of Natural Resources and Parks, Open Space Acquisitions Unit, or its successor. Section 5.4 — Eminent Domain. If any Project requires the exercise of eminent domain to acquire the property, all proceeds provided pursuant to this agreement plus accrued interest on such proceeds shall be reprogrammed as provided in this agreement or repaid to the County. Article VI. Responsibilities of the City Section 6.1 — Matching Requirements. Except for acquisitions of property interests in opportunity areas, as defined by K.C.C. 26.12.003, any Project funded by Conservation Futures Levy proceeds shall be supported by the City in which the Project is located with a matching contribution, which is no less than the amount of Conservation Futures Levy proceeds allocated to the Project. This contribution may be in the form of cash, land match with a valuation verified by an appraisal by an independent state - certified real estate appraiser with a current general real estate appraiser license, or the cash value, excluding King County conservation futures contributions, of other open spaces acquired within the previous two years from the date of submittal of the application by the City. The appraisal, to be reviewed, shall have been performed within two years of the application deadline set for the annual allocation of conservation futures tax levy proceeds under which the Property received funding. Properties considered as land match or cash value of other open space acquisitions should be directly linked to the property under application. Any City match, other than cash, shall require County C. approval. County approval and County acceptance of the City's match will be transmitted in writing to the City by the County's Designated Representative. Section 6.2 — Reporting. All proceeds received pursuant to this agreement and accrued interest therefrom will be accounted for separately from all other City moneys, accounts and moneys. Until the property described in the Project is acquired and all proceeds provided pursuant to this agreement have been expended, the City shall provide the reports required by K.C.C. 26.12.035. Section 6.3 — Disposition of Remaining Proceeds. If the City does not expend all proceeds obligated to be provided through this agreement and no substitute project is requested or approved as to the excess proceeds, such proceeds, if held by the City, shall be refunded to the County. For purposes of this section, "proceeds" shall include all moneys obligated to be provided by the County plus interest accrued by the City on such moneys. Any proceeds in excess of those required to be provided by the County for the actual costs of the Project shall remain with the County for use in its sole discretion. Section 6.4 — Maintenance in Perpetuity. Except as provided in this Section 6.4, the City, and any successor in interest, agree to maintain properties acquired with proceeds provided pursuant to this agreement as open space in perpetuity and, as required by the County, to include in the real property records notice of this restriction. Projects carried out by the City in whole or in part with funds provided for under the terms of this agreement shall not be transferred or conveyed except by agreement with an agency or nonprofit organization as defined in K.C.C. 26.12.003, which shall provide that the land 7 or interest in land shall be continued to be used for the purposes of K.C.C. chapter 26.12, and in strict conformance with the uses authorized under chapter 84.34 RCW. The City shall not change the status or use of properties acquired with proceeds provided pursuant to this agreement unless the City provides equivalent lands or cash in exchange for the land to be changed to a different use. The land shall be valued in its changed status or use, and not based upon its value as open space, and the replacement land or payment amount must be approved by the County. If requested by the County, at its own cost the City will provide the County an appraisal performed within the previous year by an independent state -certified real estate appraiser with a current general real estate appraiser license. The value established by the appraisal will not be binding on the County. If the County approves replacement land, the City shall complete the replacement within one year of approval. If the County approves cash reimbursement, the City shall pay the County within 90 days of approval. Section 6.5 — Tax Covenants. The City acknowledges that proceeds provided by the County for a Project may be proceeds of tax-exempt bonds (the "Bonds") subject to certain requirements of the Internal Revenue Code of 1986, as amended (the "Tax Code"), including any implementing regulations and any administrative or judicial interpretations. The City will comply with Tax Code requirements, including those set forth in Exhibit B, which is incorporated herein, applicable to Bond -financed Projects identified in Exhibit A, which is incorporated herein, as well as Bond -financed Projects identified in subsequent amendments to this agreement. 8 Article VII. Responsibilities of the County Subject to the terms of this agreement, the County will provide Conservation Futures Tax Levy proceeds in the amounts and for the Projects identified in Exhibit A as well as in those amounts and for those Projects identified in subsequent amendments to this agreement. The City may request additional proceeds; however, the County has no obligation to provide proceeds to the City in excess of the amount shown in Exhibit A. The County assumes no obligation for future support of the Project described herein except as expressly set forth in this agreement. Article VIII. Other Provisions Section 8.1 — Hold Harmless and Indemnification. A. The County assumes no responsibility for the payment of any compensation, fees, wages, benefits or taxes to or on behalf of the City, its employees, contractors or others by reason of this agreement. The City shall protect, indemnify, and save harmless the County, its officers, agents and employees from any and all claims, cost and whatsoever occurring or resulting from: 1) the City's failure to pay any compensation, fees, wages, benefits, or taxes; and 2) the supplying to the City of work, services, materials or supplies by City employees, agents, or other contractors, or suppliers in connection with or in support of performance of this agreement. B. The City further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception, which occurs due to the negligent or intentional acts of this agreement by the City, its officer, employees, agents, or representatives arising out of the performance of the terms of this agreement. 0 C. The City shall protect, indemnify, and save harmless the County from any and all costs, claims, judgments, or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the City, its officers, employees, or agents in the performance of its obligations under the terms of this agreement. For the purposes of this agreement only, the City agrees to waive the immunity granted it for industrial insurance claims pursuant to Title 51 RCW to the extent necessary to extend its obligations under this paragraph to any claim, demand, or cause of action brought by or on behalf of any employee, including judgments, awards, and costs arising therefrom including attorney's fees. D. To the extent permitted by law, and except to the extent caused by the sole negligence of the County, the City agrees, at its expense, to pay, and to indemnify and hold the County, its officers, employees or agents harmless of, from and against, any and all claims, damages, demands, losses, liens, liabilities, penalties, fines, taxes, lawsuits, and other proceedings and costs and expenses (including attorneys' fees) of every conceivable kind, character or nature whatsoever, arising directly or indirectly from or out of, or in anyway connected with any examination or audit of any Bond issued to finance or refinance costs of any Bond -financed Project identified in Exhibit A as well as Bond -financed Projects identified in subsequent amendments to this agreement by the Internal Revenue Service, or any determination by the Internal Revenue Service or a court of competent jurisdiction that the interest on any such Bond is or should be subject to federal income taxation; provided, however, that the City shall not be liable for any payment made by the County with respect to any settlement of any such examination or 10 audit, or of any other proceeding related thereto, entered into without the consent of the City. Section 8.2 — Amendment. The Parties reserve the right to amend or modify this agreement. Amendments or modifications to disburse proceeds approved by the County Council must be by written instrument signed by the Parties substantially in the form of Exhibit C. Other amendments also must be approved by the respective City and County Councils. Section 8.3 — Contract Waiver. No waiver by either party of any term or condition of this agreement shall be deemed or construed to be a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach whether of the same or different provision of this agreement. No waiver shall be effective unless made in writing. Section 8.4 — Entirety. This agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated are excluded. This agreement merges and supersedes all prior negotiations, representations and agreements between the Parties relating to the Project and constitutes the entire agreement between the Parties. The Parties recognize that time is of the essence in the performance of the provisions of this agreement. IN WITNESS WHEREOF, authorized representatives of the Parties hereto have signed their names in the spaces set forth below: 11 KING COUNTY Dow Constantine King County Executive Date: Acting under the authority of Ordinance 18978 Approved as to form: Leesa Manion King County Prosecuting Attorney 12 CITY OF FEDERAL WAY Jim Ferrell Mayor Date: Acting under the authority of Motion Approved as to form: J. Ryan Call City Attorney EXHIBIT A 2023 CONSERVATION FUTURES TAX LEVY (CFT) CITY OF FEDERAL WAY ALLOCATION Jurisdiction Project Name (Project Number) Allocation Federal Way Hylebos Creek Conservation $600,000 Property Acquisitions (#1143683) Federal Way Hylebos Creek Conservation $900,000 Property Acquisitions (#1141757/Award #1143655) TOTAL $1,500,000 Project Description: Proiect #1143683: Federal Wav — Hvlebos Creek Conservation Proner Acauisitions ($600,000) The City of Federal Way proposes to acquire three "missing link" properties adjacent to West Hylebos Wetlands Park. This project would add three parcels comprising 8.19 acres to city -owned conservation areas. The acquisition will link previously fragmented areas with high aquatic wildlife value, expanding the West Hylebos Wetlands Open Space system which spans 300 acres of riparian habitat along the West and North forks of West Hylebos Creek. The two parcels adjacent to Highway 99 provide wetland functions critical for Chinook salmon spawning further downstream. This King County fire district property should be purchased with the annual dollars, not bond dollars. This project requires a standard dollar -for -dollar match. Project funding was authorized in King County Ordinance 19546. Is this a Bond -financed Project? No Proiect #1141757 (Award # 1143655): Federal Wav -- Hvlebos Creek Conservation Property Acquisitions ($900,000) See prior project description. In addition to the above award of CFT annual funding, the project receives this award of $900,000 CFT bond dollars. Project funding was authorized in King County Ordinance 19546. Is this a Bond -financed Project? Yes 13 EXHIBIT B Tax Covenants The City acknowledges that proceeds provided by the County for the Project may be proceeds of Bonds subject to certain requirements of the Tax Code. The City will take all actions with respect to the Project, and proceeds received for the Project, necessary to assure the exclusion of interest on the Bonds from the gross income of the owners of the Bonds, including but not limited to the following: (a) Ex enditure of Proceeds. The City will expend proceeds of the Bonds received from the County for capital expenditures for federal income tax purposes within the meaning of Section 1.150-1(b) of the Tax Code. Bond proceeds may be expended to pay, or reimburse the City for, Project capital expenditures or to repay interim indebtedness incurred for capital expenditures of the Project. (b) Notice. The City will provide notice of action taken or planned to issue any tax-exempt indebtedness, including bonds, bank loans, or other tax-exempt indebtedness, to finance Project costs. (c) Treatment as Grant. (1) The City is a governmental entity possessing substantial taxing, eminent domain and police powers and constituting a political subdivision of the State. (2) The City is not acting as an agent of the County. (3) The grant of proceeds for the Project does not impose any obligation or condition to directly or indirectly repay any amount to the County (excluding obligations or conditions intended solely to assure expenditure of the transferred moneys in accordance with the governmental purpose of the transfer). (4) The grant is required to be used for open space as required under Article II but does not impose any conditions relating to the use of the Project or other property of the City by the County or any of its agencies or authorities. (5) This agreement is a grant agreement. (d) Limitations on Disposition of Project. The City will not sell or otherwise dispose of any components of the Project without prior approval by the County and compliance with timeframes for completion of land replacement or cash reimbursement as provided in Section 6.4. (e) Record Retention. The City will retain its records of all accounting and monitoring it carries out with respect to the Bond proceeds received and with respect to the 14 Project for at least three years after the Bonds mature or are redeemed as provided in the amendment granting such Bond proceeds to the City. (f) Cooperation. The City will provide tax certificates when and as requested by the County or County's bond counsel in order to establish or maintain the tax-exempt status of the Bonds. The City will cooperate in any audit of the Bonds by the Internal Revenue Service, including disclosure of any record, contracts and other materials relating to the Bond proceeds received by the City and the Project. 15 EXHIBIT C AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FOR OPEN SPACE ACQUISITION PROJECTS Preamble The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County and certain cities. This amendment is entered into to provide for the allocation of additional proceeds made available for open space acquisition. THIS AMENDMENT is entered into between the CITY OF and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the Parties on the day of (Month), ()ear), as previously amended. The Parties agree to the following amendment: The Interlocal Cooperation Agreement is hereby amended by adding Exhibit 1, attached hereto. In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. Once fully executed, this Amendment shall be incorporated into the existing Interlocal Cooperation Agreement as if fully set forth, and shall become Amendment—. IN WITNESS WHEREOF, authorized representatives of the Parties hereto have signed their names in the spaces set forth below: KING COUNTY CITY OF Dow Constantine King County Executive Mayor Date: Date: Approved as to form: Approved as to form: 16 Leesa Manion King County Prosecuting Attorney City Attorney 17 EXHIBIT 1 [YEAR] CONSERVATION FUTURES LEVY PROCEEDS CITY OF ALLOCATION Jurisdiction I Project Name (Project Number) [City Name] [Project Name] ([Project Number]) TOTAL Project Description: [Project Numbed [City Name] — [Project Name] [Project Description used in legislation approving proceeds] Is this a Bond -financed Project? 18 Allocation 61 COUNCIL MEETING DATE: November 21, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2024 DIVERSITY COMMISSION WORK PLAN ITEM #: POLICY QUESTION: Should City Council approve the 2024 Diversity Commission Work Plan? COMMITTEE: PRHSPS CATEGORY: ® Consent ❑ City Council Business MEETING DATE: November 14, 2023 ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Levi Luft, Diversity, Equity, Attachments: 1. Staff Report DEPT: Community Development 2. 2024 Diversity Commission Work Plan Options Considered: 1. Approve the proposed 2024 Diversity Commission Work Plan. 2. Do not approve proposed 2024 Diversity Commission Work Plan and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: rI I %tl �? DIRECTOR APPROVAL: b 2; -ot cil Initial'Date COMMITTEE RECOMMENDATION: I move to forward the proposed 2024 Diversity Commission Work Plan to the November 21, 2023, consent agenda for approval. 'ConiktteethaY Committee Member Committee Member 'PROPOSED COUNCIL MOTION: "I move approval of the proposed 2024 Diversity Commission Work Plan. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 14, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, Community Development Director SUBJECT: 2024 Diversity Commission Work Plan Financial Impacts: $11,500 of the cost to the City for the Diversity Commission Work Plan for 2024 was included within the approved budget under the DEAI allocation and funded by the General Fund. An additional $6,500 was requested for inclusion in a budget amendment being considered by Council in November 2023. The Federal Way Community Festival (formerly the Flavor of Federal Way) may also involve additional costs that may be part of a future budget amendment proposal to Council. Upon completion of the Diversity Commission Work Plan for 2024, future costs will be minimal and primarily associated with future year work plans. Background Information: The 2024 Diversity• Commission Work Plan was drafted at the September 14, 2023, Commission meeting and subsequently approved at the October 12, 2023, Commission meeting. The plan outlines specific projects, goals, and activities the Commission intends to focus on and accomplish in 2024, including the following: ■ Planning and execution of the Dr. Martin Luther King, Jr Event; ■ Planning and execution of the Federal Way Community Festival (formerly Flavor of Federal Way); ■ Facilitating the annual Representative Roger Freeman Award, providing scholarships to local scholars; ■ Conducting community listening sessions for community outreach and engagement on issues involving diversity and inclusion; • Collaboratively developing and implementing an equity tool with staff for the analysis of projects and items brought before the Diversity Commission; and ■ Providing guidance to the City Council or Council committees on DEAI-related matters within the City of Federal Way. The Diversity Commission looks forward to accomplishing its goals in 2024, and recommends approval of its Work Plan by the Council. Rev. 7/18 DC - V1 - 09.27.2023 City Of Federal Way Diversity Commission City of Federal Way Diversity ty COmmission COmmissian WOrkplan DC - V1 - 09.27.2023 Mission statement commission is hereby created and established aommun ties t for the city. h Qlicit "The Federal Way diversity a e with underrepresented that would help identify ❑pportunities to address issues of diversity, purpose. of the diversity commission is to engage to the city council to create a more equitable, feedback and information provide guidance Federal Way Revised promote diversity programs, and p overnment and community." accessible, safe, welcoming and inclusive g purpose. Code: 2.65.010 Diversity commission created — Pua Federal Way by advising and guiding people who live, work and play in "To enrich the lives of all p li p rocedures, practices and current/emerging city government with an equity lens on policies, p issues." Diversity Commission Mission Statement, Community Commitment r City leadership with the goal to help To partner and serve as conduit to the community fo populations. remov e barriers and increase accessibility to City services for our diverse po p nai or non- orate with City leadership to eliminate all forms of discriminaointentional To collab art of city growth. intentional and help diverse communities be an active p a become a city where all people The Diversity Commission is dedicated to helping Federal W Y opportunities belonging and where there is equitable access to information and feel a sense of g for all. Terminology neuro- 'fferences of culture that may include race' gender, identity, eener generation, Diversity: Di social -economic status, language, level of ability, g specificity, nationality, ociai- and/or political perspective. belief system, lived experience, fair, impartial and just. Ensuring processes are fair and 2 Equity: The quality of being that everyone does not have the same starting accessible for everyone. Understanding. points of advantage. _t : The practice of making information, activities, structures, as possible. 3. Accessibility: ful, and usable for as many people environments sensible, meaningful, in a welcoming culture for a diverse array of making a p voices. The act of 4, inclusion: er an orgthing part of a group or collection. `A DC - V1 - 09.27.2023 One -Year Strategic Objectives The City of Federal Way Diversity Commission shall: 1. Engage with Federal Way residents and businesses through community listening sessions with intentions to build knowledge about local and regional diversity, equity, access, and inclusion (DEAI) issues and partner with City leadership/staff to co -create solutions to challenges. 2. The Commission will partner with City leadership/staff to co -develop equity processes/tools to increase equitable outcomes for all residents and stakeholders for City of Federal Way. 3. Equity tools can be in the form of best practices, e.g., checklists, worksheets, etc., to assist with updating current policies/procedures/practices to increase equitable outcomes for all. Equity tools are working documents and should be adjusted to best serve changing demographics with community input. 4. Equity processes will ensure community members that may have historically experienced negative impacts by current/past city actions be actively engaged early in the decision -making process to prevent harmful impacts. Ongoing Commission Responsibilities and Objectives As advisory group to City leadership and staff, the Diversity Commission will: 1. Present community needs (e.g., education, community safety, social services, etc.) at least twice per year at City Council meetings and collaborate to promote DEAI for all community members. 2. Partner with other commissions, community organizations, and members to increase civic engagement to promote inclusion and equity. 3. Actively participate in community outreach/engagement with communities that have been historically marginalized and/or are experiencing barriers to City services and programs (e.g., seniors, persons living with disabilities veterans, people with imited English proficiency, people experiencing homelessness, etc.) 2024 Diversity Commission Projects and Investments 1. Sponsor and host City of Federal Way's annual Dr. Martin Luther King, Jr. Celebration. 2. Commissioners will participate in and share professional development opportunities to support City growth and, innovation. 3. Participate with City Comprehensive Plan creation to promote DEAI for all community members and stakeholders. DC - V1 - 09.27.2023 4. Sponsor and host the Federal Way Community Festival. 5. Analyze Diversity Commission allocation with equity lens to support community events as needed. Subcommittees The Diversity Commission shall create subcommittees to carry out shared commitments that are community -driven and sanctioned by the approved workplan and Federal Way Revised Code: Chapter 2.65 — Diversity Commission. Subcommittees may be either ad hoc or ongoing. Project name Description Com munity Listening Sessions Community forums designed to connect with community organizations and groups to receive information regarding their experiences, wants, and needs. 2024 Project Overview Goals and Commission Task(s) Objectives To connect with and receive information from community organizations and groups regarding their experiences, wants, and needs within the City of Federal Way. This important information will be prepared and presented to the City Council. The Commission and/or staff should keep an internal log or inventory of the needs and wants expressed during the Community Listening Sessions. Commissioner(s) will research, identify, contact, coordinate, organize, facilitate the Community Listening Sessions with community organizations and groups. 2. Commissioner(s) and/or s9taff IL-isten, collect, process, and prepare information for City Council (see: Present to City Council) Staff will keep an internal log or inventory of the needs and wants expressed to ensure documentation, tracking, follow up, additional action, etc. Due date(s) Ongoing for 2024 Comments Project name Description Goals and Objectives Commission Task(s) Due date(s) Comments Present to City From the Community The compiled 1. After information is May 2024 and Council and/or Listening Sessions, all information presented processed and October 2024 Committees compiled information will to the City Council prepared for be presented to City and/or Committees presentation, Council and/or will be for awareness, Commissioner(s) Committees consideration, and and/or s-Staff will potential response. present said DC - V1 - 09.27.2023 Project name Collaboratively C eate and lrhplement Equity Tool with City Staff Description Commissioner(s) and sStaff will collaboratively create an equity tool. City departments and programs will utilize the tool as needed. There will also be communication with community organizations and members regarding the use and effectiveness of the tool. Those Commissioners and/or s&taff responsible for presenting this information will document, track, and report out on the status and/or progress realized from the presentation information to City Council and/or Committee 2. Thereafter, Commissioner(s) and/or s9taff will collaborate with City Council to further review, assess, and potentially address the matter pertaining to previously presented information. Goals and Commission Task(s) Due date(s) Comments Objectives 1 Commissioner(s) and s&taff will collaboratively create an equity tool. From the Community Listening Sessions, reported issues and concerns may be processed and addressed utilizing the equity tool. This would be facilitated in partnership and collaboration with the City departments and programs. Commissioner(s) will also be in communication with community organizations and members. This information will also be documented and tracked in an inventory or log. 1. Commissioner(s) March 2024 and sStaff will collaboratively create an equity tool. 91 14 From the Community Listening Sessions, Commissioner(s) and/or staff process and attempt to address reported issues and concerns utilizing the equity tool. This would be facilitated in partnership and collaboration with the City departments and programs. Staff will act as the liaison on such matters. Commissioner(s) will establish a forum or channel of communication with community organizations and members to monitor the effectiveness of the tool and its utilization by the City. Staff will keep an internal log or inventory of the utilization and DC - V1 = 09.27.2023 Project name Dr. Martin Luther Ki g Jr. Celebration ! (i. ., MLK Event) Description The Commission will honor and celebrate sf- Dr. King, Jr.'s legacy with an annual MLK Event that features art, performances, speeches, networking, etc. Goals and Objectives The Commission will coordinate, organize, and facilitate the MLK Event with an annual theme. The MLK Event agenda, which will be approved by the Mayor, will feature art, performances, speeches, networking, etc., largely from local students and community members. The MLK event typically occurs at local, rentable space, like the Performing Arts and Event Center (PAEC). The MLK Event will be advertised using a multi -modal approach, including local publications, social media, flyers, banners, etc. outcome of the tool f to ensure documentation, tracking, follow up, additional action, etc. Commission Task(s) Due date(s) I Comments 1. The Commission, January 2024 — typically in the form December 2024 of a subcommittee, will coordinate, (Event in organize, and January 2025) facilitate the MLK Event in partnership and collaboration with staff. 2. Commissioner(s)_ will be responsible for designing, coordinating, and developing the MLK Event agenda, which features art, performances, speeches, networking, etc., largely from local students and community members. 3. The Mayor will offer final approval of the MLK Event agenda, including speakers and performers. If there are changes to the agenda, the Mayor will have to review and provide approval. 4. Commissioner(s) and staff will identify and sStaff will reserve a space for the MLK event, which is typically a local, rentable space, like the Performing Arts and Event Center (PAEC). 5. The Commissioner(s) and s9taff will advertise for the 0 DC - V1 - 09.27.2023 �T Project name Representative Roger Freeman Award (RRFA) Description Honor and celebrate Representative Roger Freeman's legacy, which includes Justice, Integrity, Compassion and Diversity, with scholarship awards to students who must be in grade 9th-12th and reside/go to school within City of Federal Way city limits. Goals and Objectives The Commission will coordinate, organize, and facilitate the RRFA event. In partnership and collaboration with the Federal Way School District, the Commission will advertise the RRFA scholarship opportunities to eligible students. The RRFA scholarships will be granted to selected winners whose scholarship embodies the qualities and characteristics of Representative Roger Freeman (i.e., Justice, Integrity, Compassion, and Diversity) at the event. VILK Event using a nulti-modal approach, including ocal publications, social media, flyers, banners, etc. Staff will be responsible for authorizing all expenditures, including reservation, labor, advertising, lighting and sound coordination, and catering. Commission Task(s) I Due date(s) 1 Comments 1. The Commission will coordinate, organize, and facilitate the RRFA event. The Commission will partner with stakeholders and organizations such as the Federal Way School District to advertise the RRFA scholarship opportunities to eligible students. 3. The Commission will set due dates and timelines for receiving processing, scoring, and selecting the winners of the RRFA scholarships. 4. The Commission will utilize a scoring rubric to determine the winners of the RRFA scholarships. 5. The Commission will provide the RRFA scholarships to the selected winners at the event. January 2024 — December 2024 (Event in January 2025; coupled and facilitated concurrently with MLK Event) DC - V1 - 09.27.2023 Project name Federal Way Community Festival (formerly Flavor of Federal Way) Description The Federal Way Community Festival is purposed to celebrate the social and cultural diversities of families, businesses, and community within the City of Federal Way. Staff will be responsible for ----authorizing-all- - - expenditures, including reservation, labor, advertising, and lighting and sound coordination. Goals and Commission Task(s) Due date(s) Comments Objectives The Commission will coordinate, organize, and facilitate the Federal Way Community Festival. The Federal Way Community Festival event typically occurs in iVVGI, pUUlll.. F7Gik, like Town Square Park. Federal Way Community Festival will be advertised using a multi -modal approach, including local publications, social media, flyers, banners, etc. The Commission, August 10, 2024 typically in the form of a subcommittee, will coordinate, organize, and i facilitate the Federal Way Community Festival in partnership and colla UV1atiOn with s9taff. Commissioner(s)_ will be responsible for designing, coordinating, and developing the Federal Way Community Festival agenda, which features performances, vendors; food trucks, networking, etc., largely from local businesses and community organizations. 3. Commissioner(s) and staff will identify and reserve a local, public park, most probably Town Square Park, for the Federal Way Community Festival. 4. The Commissioner(s) and sStaff will advertise for the Federal Way Community Festival using a multi -modal approach, including local publications, social media, flyers, DC - V1 - 09.27.2023 Project name I Description Considering an Explore the prospect of annual black -tie gala planning a black -tie gala banners, etc. 5. Staff will be responsible for authorizing all expenditures, including reservation, labor, advertising, lighting and sound coordination, and catering. Goals and is Commsion Task(s) Due date(s) ! Comments Objectives Determine appetite 1. Commissioner(s) January 2024 — and feasibility of an will research and December 2024 annual black -tie gala determine appetite with influential and feasibility for community members the black -tie gala I Source: Federal Way Revised Code: Chapter 2.65 — Diversity Commission 9 COUNCIL MEETING DATE: November 21, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: COMMUNITY FIREWORKS DISPLAY FOR THE RED, WHITE, & BLUES FESTIVAL POLICY QUESTION: Should the City enter into a contract with Western Display Fireworks, LTD. for community fireworks display for Red, White and Blues Festival for 2024-2026? COMMITTEE: PRHSPSC CATEGORY: ® Consent ❑ City Council Business MEETING DATE: November 14, 2023 ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Kevin Hutchinson Recreation Manager DEPT: Parks Department Attachments: 1. Staff Report 2. Red, White and Blues Goods & Services Agreement 3. Western Display Proposal Options Considered: 1. Approve the proposed contract. 2. Do not approve and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: DIRECTOR APPROVAL COMMITTEE RECOMMENDATION: I move to forward the proposed fireworks display agreement to the November 21, 2023, consent agenda for approval. t Committee C it Co ittee Memb r Committee Member PRO ?OSED COUNCIL MOTION: "I move approval of the proposed fireworks display agreement as presented and`authorize execution of the 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 - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 14, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: John Hutton, Parks Director AGrt#J Kevin Hutchinson, Recreation Manager SUBJECT: Contract for Community Fireworks Display for the Red, White, & Blues Festival Financial Impacts; The cost to the City for the Red, White & Blues Festival Fireworks Contract was included within the approved budget under the Parks & Recreation Department Red, White & Blues Festival and funded by General Fund. Upon completion of the Red, White & Blues Fireworks Contract future costs will be $27,500 in 2024, $30,250 in 2025 and $33,275 in 2026 due to ongoing costs associated increased costs of goods and services. Background Information: The Red, White & Blues Festival is a vibrant community celebration featuring live music, food vendors, and an array of engaging activities suitable for all age groups. The highlight of the event is a spectacular fireworks display, commencing at 10:15 PM and running for approximately 20 minutes, including a fabulous grand finale. The fireworks display and festival was created in response to the City of Federal Way's ban on fireworks (FWRC 6.63.050), which prohibits any person from possessing, using, selling, discharging, or exploding fireworks of any kind within the City limits. The City posted an RFP to seek proposals for vendors to provide a professional, choreographed fireworks display for the next three years to increase our long-term planning and efficiency for this keystone component of our largest community festival. Western Display Fireworks was the successful bidder. With over 60 years of experience, Western Display Fireworks orchestrates more than 100 fireworks displays annually across the Northwest. Their portfolio includes renowned shows such as the Tacoma Freedom Fair and Seafair, the City of Lacey's July 3rd Fireworks Spectacular, among many others. Western Display's stellar reputation, professionalism, and expertise will ensure the City continues its successful execution of this most important event for the community. Rev. 7/18 CITY OF CITY HALL �� 33325 8th Avenue South N Federal y Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com GOODS AND SERVICES AGREEMENT FOR COMMUNITY FIREWORKS DISPLAY FOR RED, WHITE, & BLUES FESTIVAL This Goods and Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Western Display Fireworks, LTD., a foreign profit corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: WESTERN DISPLAY FIREWORKS, LTD.: Heather Gobet PO Box 932 Canby, OR 97013 (503) 656-1999 (telephone) The Parties agree as follows: CITY OF FEDERAL WAY: Kevin Hutchinson 876 S 333rd St Federal Way, WA 98003-6325 (253) 835-6926 (telephone) (253) 835-6929 (facsimile) kevin.hutchinsonkcityoffeder, 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than July 31, 2026 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. MINERVAT11l 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit A, attached hereto and 'incorporated by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Oniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the GOODS AND SERVICES AGREEMENT - 1 - 7/2021 ,�SCITY OF � Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cltyot%deralway com City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to GOODS AND SERVICES AGREEMENT - 2 - 7/2021 CITY OF CITY HALL - Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www utyoffederalway com complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 4.4 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. GOODS AND SERVICES AGREEMENT - 3 - 7/2021 urr OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 vow .1(253) 835-7000 www atyoffederalway. com 6. INSURANCE. Except for higher amounts as otherwise provided in this Agreement, the Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $5,000,000 for each occurrence and $5,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liabilily. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance and endorsements for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. Contractor shall provide updated certificates of insurance and additional insured endorsements to the City upon expiration of any relevant policies over the course of the Term of this Agreement. At City's request, Contractor shall furnish the City with copies or certified copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Notice of Cancellation. The Contractor shall provide the City and all Additional Insured for this work with written notice of any police cancellation, within two (2) business days of the Contractor's receipt of such notice. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon with the City may, after giving five (5) business days' notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 6.5. Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing GOODS AND SERVICES AGREEMENT - 4 - 7/2021 CITY OF CITY HALL A Feder 8th Avenue South Federal Way, WA 98003-6325 Federal Way (253) 835-7000 www cityoffederalway com records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS, The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement.' 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safety. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment GOODS AND SERVICES AGREEMENT - 5 - 7/2021 Ctrr OF CITY HALL ArA Federa I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 IntenRiptation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assiorment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. GOODS AND SERVICES AGREEMENT - 6 - 7/2021 CITY OF CITY HALL Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence in this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] GOODS AND SERVICES AGREEMENT - 7 - 7/2021 CITY OF CITY HALL �� Feder �� d e ra I Way8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk DATE: APPROVED AS TO FORM: J. Ryan Call, City Attorney WESTERN DISPLAY FIREWORKS, LTD.: M. Heather Gobet, President/Owner DATE: STATE OF OREGON) ) ss. COUNTY OF On this day personally appeared before me Heather Gobet, to me known to be the President/Owner of Western Fireworks Display, LTD. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of Notary's signature Notary's printed name 2023. Notary Public in and for the State of Oregon My commission expires GOODS AND SERVICES AGREEMENT - 8 - 7/2021 CITY OF Federal Way EXHIBIT A SERVICES The Contractor shall do or provide the following: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com a. Contractor shall provide fireworks display services at Celebration Park, for the annual Red, White & Blues Festival held on July 4 for 2024, 2025, and 2026 (Services). b. Contractor shall perform such Services in compliance with all applicable federal, state, and City laws and regulations, and specifically the provisions of Chapter 70.77 RCW, including, without limitation: i. Using one licensed pyrotechnic operator in connection with the handling or display of the fireworks, ii. Performing a test fire, iii. Combing the grounds for any live materials around the site, iv. Providing sufficient personnel at the fireworks display site in order to insure a safe public display, and v. Obtaining all necessary licenses and permits. c. The services shall be performed in a manner consistent with the accepted practices for other similar services, performed to the City's satisfaction, within time period prescribed by the City and pursuant to the direction of the Parks Director or their designee. d. The performance date for the Services may be extended or amended to a later date prior to the expiration of the Term, at no additional charge, by either the City or the Contractor in the event weather or other agreed upon conditions would make performing the Services on the date originally provided for in this Agreement hazardous to the public health, safety, or welfare of the citizens of Federal Way; provided, however that Contractor agrees to reschedule the event at a later time, location, and date acceptable to the City within one hundred twenty (120) days from the originally scheduled date. The City of Federal Way's designated representative and/or local Fire Services personnel have the authority to cancel the show due to unsafe weather conditions or unsafe practices by Contractor's technicians or to further delay or cancel the show for any unsafe condition that presents an unreasonable risk to the public. In addition, the Contractor's display operator also has the authority to stop, interrupt, delay or cancel the show due to unsafe weather conditions or any other unsafe circumstances that may arise. e. The Contractor shall agree to pay a penalty of One Thousand Dollars and NO/100 ($1,000.00) if not prepared to fire the complete fireworks display and soundtrack as mutually agreed at 10:15pm. Contractor shall agree to pay an additional -Five Hundred Dollars and NO/100 ($500.00) penalty for each additional fifteen minutes after 10:15pm that Contractor is not prepared to fire the complete fireworks display and soundtrack as mutually agreed. The payment of penalties shall not in any way release the Contractor from further obligations and liabilities to complete the entire Agreement. - Contractor shall be prepared to fire the complete fireworks display and soundtrack by 10:15pm. Failure to be timely and completely prepared will result in financial penalties as outlined above. A test fire with the local Fire Marshall is scheduled for 9:00pm to check wind conditions. f. The fireworks display will include choreography to music with a grand finale display. The City's designated representative and the Contractor will mutually determine general GOODS AND SERVICES AGREEMENT - 9 - 7/2021 4!FCITY OF CITY HALL Fe d a ra l ay Feder 8th Avenue South ederal Way, WA 98003-6325 (253) 835-7000 www crryoffederahvay com themes and soundtrack. The fireworks display will take place at 10:15pm and will be approximately 20 minutes in length, consistent with Contractor's Proposal, in Celebration Park, located at 1095 S. 324"' Street in Federal Way, WA. g. The City of Federal Way agrees to provide adequate policing, fencing, and crowd control measures to prevent public access to the fireworks staging area. The Federal Way Fire Department will be on site to ensure compliance with Washington State fire regulations and event safety. h. The Contractor is responsible for removing any and all live materials immediately following the fireworks display, and conducting another walk through for any live material during daylight hours on the next day following the event, to be completed not later than 11:00am. GOODS AND SERVICES AGREEMENT - 10 - 7/2021 CITY OF CITY HALL Fe d e ra I Wa Feder 8th Avenue South Federal Way, WA 98003-6325 .- �- (253) 835-7000 www cityofiederalway. com EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Twenty -Seven Thousand, Five -Hundred and NO/100 ($27,500.00) in 2024, Thirty -Thousand, Two - Hundred and Fifty and NO/100 ($30,250.00) in 2025 and Thirty -Three Thousand, Two -Hundred and Seventy - Five and NO/100 ($33,275.00) in 2026 for a grand total of Ninety -One Thousand and Twenty -Five and NO/100 ($91,025.00). 2. Method of Compensation: A total of three payments will be made by the City only after the conclusion of the Red, White, & Blues Festival and after the Services described in Exhibit "A" have been performed in 2024, 2025, and 2026. The Contractor shall provide a statement or itemized bill describing the services provided. Payment shall be made within thirty (30) days of receipt of such statement or invoice. GOODS AND SERVICES AGREEMENT - 11 - 7/2021 r a DATE E (MMIDDIYYYY) ac11�aRL! CERTIFICATE OF LIABILITY INSURANCE 9/19/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Acrisure, LLC dba Britton Gallagher & Associates PHONE FAX One Cleveland Center, Floor 30 IAJC. No. Ext), 216-658-7100 lAic, No): 216-658-7101 1375 East 9th Street ADDRIESS: Cleveland OH 44114 INSURERS AFFORDING COVERAGE NAIC # INSURERA: Everest Indemnity Insurance Co. 10851 INSURED 18234 INSURER B : AXIS Surplus Ins CompanyCompapy 26620 Western Display Fireworks Ltd. P. O. Box 932 INSURER c :Alaska National Insurance Company Canby OR 97013 INSURERD: Everest Denali Insurance Company 16044 INSURER E : INSURER F : rrnvC0Aence !`CGTICIf%ATC Kit IRAR1=12• FW)00S sP.Al RFVISInN Nl1MRER! THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR D U POLICY PO ALICYEXP LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY M IDDIYYYY I LIMITS A GENERAL LIABILITY S16ML00215-231 1/15/2023 1/15/2024 EACH OCCURRENCE $1.000.000 _ COMMERCIAL GENERAL LIABILITY $ 500.000 PRE MI S occurrancal MED EXP (Any one person) $ CLAIMS -MADE I X1 OCCUR PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2,000,000 GFNLAGGREGATELIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 $ F_IPOLICY X I �E�C;f LOC D AUTOMOBILE LIABILITY SIBCA00098-231 1/15I2023 1/15I2 aDSINGLE UNIT ✓ a at BODILY INJURY (Per person) $ %� ANY AUTO BODILY INJURY(Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED X X AUTOS DAMA PROPERTYDAMAGE AHIREDAUTOS $ B UMBRELLA LIAB X OCCUR P-001-000069176-05 1/15/2023 1/15/2024 EACH OCCURRENCE $ 4,00 000 X AGGREGATE $4,000,000 EXCESS LIAB CLAIMS -MADE DIED I I RETENTION $ $ A WORKERS COMPENSATION SIBML00215-231 1/15/2023 1/15/2024 WC STATU- ,X OTH- Sto Gap AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN EL. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1.000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A E.L. DISEASE - POLICY LIMIT $ 1.000.000 If yes, describe under DESCRIPTION OF OPERATIONS below C Washington USLH 22D WU 08933 (WA) 4/16/2023 4/16/2024 BI byAceident $1,{SUO.DOo BI by disease pAcy limit $1.003.00D BI bydisease Each Employee51,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Insured extension of coverage is provided by above referenced General Liability policy where required by written agreement. Display Date: July 4, 2024, 2025 & 2026 Display Site: Celebration Park 1095 S 324th St. Federal Way, 98003 Additional Insured: City of Federal Way, its agents, officers and employees South King Fire and Rescue r`F—DTICIr`ATF unl r15_0 CANC:FI I ATinN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Federal Way 33325 8th Ave S. AUTHORIZED REPRESENTATIVE Federal Way WA 98003 U 19SU-2010 AGUKD GUKPUKA I IUN. All rignts reserves. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.citWffederalway com EXHIBIT C CERTIFICATE OF INSURANCE GOODS AND SERVICES AGREEMENT - 12 - 7/2021 CITY OF CITY HALL Fe d e ra 1 WayFeder 8th Avenue South Federal Way, WA 98003003-6325 (253) 835-7000 www crryoffederalway com EXHIBIT "D" CONTRACTOR'S PROPOSAL IN RESPONSE TO RFP GOODS AND SERVICES AGREEMENT - 13 - 7/2021 TRADITION .ti OF EXCELLENCE Western Display Fireworks is a fifth generation _ 'family owned business offering the finest in ` , ,' s . ' • 1 -,; �: +`'- pyrotechnic productions. With over 75 years of experience, we are the oldest and largest aerial -yA display fireworks company in the Northwest A and are honored to be part of hundreds of events annually. we offer custom designed fireworks displays for every budget, venue, and event type. We are strive to make each display more spectacular than the last and never lose sight of our company commitment to ! ..'I• s �. <' the safety of our crew and spectators. HFAitA i[ L UBt iaresident I Owner h .1' .. •.a : + r _ •tilt ..[• «rt _ �Y7i`�:. • _,:�. i i S i a� 14 VVF9TEI?N P!.QQL/4' FIREWORKS Portland . Seattle . Boise P.O. Box 932 • Canby • Oregon 97013 • 503,656.1999 • we5Lerndispiay.com PYROTECHNIC EXCELLENCE ■ SINCE 1948 COMPANY S A FFT EXPERIENCE ,- We maintain an unparalleled safety record through ongoing pyrotechnician training and strict dh t d raD l Od T anATF re ulations Nati fiat a erence o F e e Fire Protection Association (NFPA) and stateIk�S�' We are committed to providing both t�•$aes>r a most spectacular fireworks displays -for -our clients. r:yP PT1=NC Our decades of experience and �" •? commitment to artistic design plus use of the , latest technology, has made us the largest and most celebrated display fireworks company in the Northwest- We produce hundreds of shows annually for a wide variety of events Here are lust a few:„ _ TACOMA FREEDOM FAIR SEAFAIR SUMME.RFCkURTH I PORTLAND ROSE FESTIVAL KUNA RODEO,'- IEUNA, ID NEWPORT 4TH OF JULY MUKILTEO I'IGHTHOUSE FESTIVAL FIREWORKS OVER DES MOINES CITY OF BOISE 4TH OF JULY CITY 4TH OF JUL•Yr" EVERETT JULY 4TH CELEBRATION LINCOLN i` ST, PAUL RODEO—ST, PAUL, OR YAKIMA JULY 4TH CELEBRATION SEASIDE'S OLD FASHIONED FOURTH OF JULY ASTORIA WARRENTON 4TH OF JULY THE MILL CASINO INDEPENDENCE DAY CELEBRATION SAN JUAN INDEPENDENCE DAY CELEBRATION CITY OF RENTON FABULOUS 4TH OF JULY WATERFRONT BLUES FESTIVAL—PORTLAND, OR JOINT BASE LEWIS I MCCHORD INDEPENDENCE DAY CELEBRATION ANACORTES FOURTH OF JULY CELEBRATION MELALEUCA FREEDOM CELEBRATION—IDAHO FALLS, ID CHINOOK WINDS CASINO ANNIVERSARY CELEBRATION DIAMOND LAKE JULY 4TH CELEBRATION TOOTH ANNIVERSARY FIREWORKS Portland . Seattle . Boise P.O. Box 932 • Canby • Oregon 97013 • 503.656.1999 • westerndisplay.com PYROTECHNIC EXCELLENCE • SINCE 1948 REFERENCES ... . .. . .. . .. . . . . . . . . ... . . ... . . . ... SEATTLE SEAFA.IR SUMMER FOURTH r+ � '• • ��- ��,,,� EPIC Corning I PRESIDENTB CEO •�-..n � _� "'r= ': _ ;206.728.0123 erica�seafalrorg PORTL.AND ROSE FESTIVAL - Steven Bledsoe I WATERFRONT ACTIVITIES MANAGER 503 227.2681 stevenb q rosefestival.org •;r � ;� �. x' '..:::^i•--'`�: 1 = -- � ��;�: �� THE MILL CASINO '.? K; i INDEPENDENCE DAY CELEBRATION J %�•r '�+;,• E Kevin Lee I MARKETING SPECIALIST •'� '' `y� ti 1'e'' .�:, a ;� } 41-756.8800 x 1565 klee�a)themillcasino.com Y. �• ;� r' S. i, ��+:' i �jt 5��'''r'••t SAN JUAN ISLAND INDEPENDENCE DAY CELEBRATION .' •{�: !�t , .�•ti'� -i `�i'y I •iG��i�: S I.' _'i�t; B2Ci(I Day I CHAMBEREXECUTIVED/RECTOR A 360 378.5240 chamber asanivanisland org t. :''?'!+.` ;/ .;•,`; �F �. �,': CIT\1 OF BOISE 4TH OF DULY Ij? }' Summer Altieri I SPECIAL EVENT COORDINATOR 208 608 7618 saltieri acityofboise org MELALEUCA FREEDOM CELEBRATION IDAHO FALLS. ID Tony Lima I VICE PRESIDENT OFPUBLIC RELATIONS k p7; 208 534.2821 tlima,a,melaleuca com i WATERFRONT BLUES FESTIVA, Tyler Fuller I PRESIDENT `' ; •.! •'.' '` .' rr r` -_ - 503 880 0192 tyler�afullerevents.com err '�T;'' �' Sf J' •yl�ir�7i.�, •�'"f - CITY OF LACE* JULY SRD FIREWORKS SPECTACULAR ICI � [ Gr , r ' � ,p• � ''-a Jeannette Sleler I RECREATION SUPERVISOR �� I �� %• 360.438 2631 pelercuci lacey.wa.us CHINOOK WINDS CASINO ANNIVERSARY CELEBRATION; LINCOLN CITY, OR 1 � Scott Macrae I MARKETING MANAGER ,541,996.79154 sic-ottm4CWCResort.caM V iERN D; IDLAYFIREWORKSLTD Portland . Seattle , Boise P.O. Box 932 • Canby • Oregon 97013 •503.656.1999 • western display.com PYROTECHNIC EXCELLENCE • SINCE 1948 r X Portland S�eaftle Boise PYROTECHNIC EXCELLENCE • SINCE 1948 - P.O. Box 932 • Canby- Oregon 97013 .503.656.1999 • westerndisplay.com WESTERN DISPLAY FIREWORKS LID Fireworks Display Proposal Summary City of Federal Way Red, White & Blue's 41" of July Fireworks Display July 4, 2024; July 4, 2025 and July 4, 2026 Your display proposal includes the following services to be provided by Western Display Fireworks, Ltd: • Provide display liability insurance with sponsors and property owners listed as additional insured o $5,000,000 (per occurrence) general liability • Prepare the Washington State Public Display Permit to be approved by the local fire authority • Submit IFC Permit Application, along with fee to South King Fire & Rescue • Provide transportation for all equipment to and from the display site • Provide transportation by a properly licensed vehicle with a CDL hazmat driver for pyrotechnics to the display site • Provide $5,000,000 commercial auto insurance to cover transportation • Supply all necessary labor to conduct the display including a state certified pyrotechnician, assistant and crew covered under worker's compensation insurance ■ Supply all pyrotechnics as listed on the attached detailed proposal • Provide necessary mortars and firing equipment required to pre -load and electrically fire the display to the Sponsor provided musical program • Total contract price for years 2024-2026: 0 2024: $27,500.00 0 2025: $30,250.00 !L 0 2026: $33,275.00 $91,025.00 TOTAL City of Federal Way Show date 7/4/24- Location Federal Way, WA WD Electric Cue Sheet MH Event Time Description Position Pin 00:02.200 3" (25 Shot) Aqua Peony/ Fuchsia Peony/ Purple Peony (131 1 OPENER 00'02.200 3" (25 Shot) Aqua Peony! Fuchsia Peonyl Purple Peony { B3 1 OPENER 00:02.900 4" Silver Wave to Aqua 4" 2 OPENER 00.06.200 4" Pink Strobe 4" 3 OPENER 00:08.900 4" Purple Chrysanthemum to Crackling 4" 4 OPENER 00:11.900 4" Silver Wave to Aqua 4" 5 OPENER 00:15.200 4" Pink Strobe 4" 6 OPENER 00:17.900 4" Purple Chrysanthemum to Crackling 4" 7 OPENER 00:20.900 4" Silver Wave'to Aqua 4" 8 OPENER 00:24.200 4" Pink Strobe 4"' T 9 OPENER 00:26.900 4" Purple Chrysanthemum to Crackling 4" 10 OPENER 00:30,500 4" Sunny Assortment. Package C 2020 4" 11 00:35.600 4" Sunny Package V25 4" 12 00:39.700 4" Sunny Assortment Package B 2020 4" 13 00:44.600 4" Crown Package 4CP100A-A 2018 4" 14 00:48,900 4" Sunny Assortment Package C 2020 4" 15 00:53.600 4" Sunny Assortment Package A 2020 4" 16 00:58,200 4" Sunny Assortment Package C 2020 4" 17 01:02.800 4" Sunny Assortment Package A 2020 4" 18 01:D7.400 4" Sunny Assortment Package C 2020 4" 19 01:12.000 4" Sunny Assortment Package A 2020 4" 20 01:17.100 4" Sunny Package V25 4" 21 01:21.200 4" Sunny Assortment Package B 2020 4" 22 01:26.280 4" Crown Package 4CP10DA-B 2018 4- 01:30.900 4" Sunny Package V25 4" 24 01t35. 300 4" Crown Package 4CP100A-A 2018 a" City of Federal Way Show date 7/4/24 Location Federal Way, WA WD Electric Cue Sheet 2/11 Description Position Pin Notes 01:39.700 4" Sunny Assortment Package C 2020 4" 26 01:44.300 4" Sunny Assortment Packaga A 2020 4" 27 01:48.900 4" Sunny Assortment Package C 2020 4" 28 01:53,500 4" Sunny Assortment Package A 2020 4" 29 01:58.580 4" Crown Package 4CP100A-B 2018 4" 30 02:02.700 4" Sunny Assortment Package A 2020 4" 31 02:07.800 4" Sunny Package V25 4" 32 02:12.380 4" Crown Package 4CP100A-B 2018 4" 33 f 02:16.800 4" Crown Package 4CP100A-A 2018 4" 34 02:21.100 4" Sunny Assortment Package A 2020 4" 35 02:26.280 4" Crown Package 4CP100A-B 2018 4" 36 02:30.400 4" Sunny Assortment Package C 2020 4" 37 02:35.300 4" Crown Package 4CP100A-A 2018 4" 38 02:39.600 4" Sunny Assortment Package B 2020 4" 39 02:44.200 4" Sunny Assortment Package A 2020 4" 40 02:49-300 4" Sunny Package V25 4" 41 02:53.880 4" Crown Package 4CP100A-B 2018 4" 42 02:57.200 3" (25 Shot) Green Peony! Purple Peonyl Orange Peony B1 43 MS#1 02:57.200 3" (25 Shot) Green Peony/ Purple Peony/ Orange Peony B3 43 MS#1 02:58.000 4" Sunny Assortment Package B 2020 4" 44 03:03.080 4" Crown Package 4CP100A-B 2018 4" 45 03,07.500 4" Crown Package 4CP100A-A 2018 4" 46 03:12.380 4" Crown Package 4CP100A-B 2018 4" 47 03:16.500 4" Sunny Assortment Package B 2020 4" 48 03:21.580 4" Crown Package 4CP100A-B 2018 4" 49 03:25.700 4" Sunny Assortment Package C 2020 4" 50 City of Federal Way Show date 7/4/24 Location Federal Way, WA WD Electric Cue Sheet 3/11 Event Time Description Position Pin Notes 03:30.800 4" Sunny Package V25 4" 51 03:34A00 4" Sunny Assortment Package C 2620 4" 52 03:39.800 4" Crown Package 4CP100A-A 2018 4" 53 03:44,600 4" Sunny Package V25 4" 54 03:48.700 4" Sunny Assortment Package B 2020 4" 55 03:53.300 4" Sunny Assortment Package A 2020 4" 56 03:58.000 4" Sunny Assortment Package B 2020 4" 57 04-03.080 4" Crown Package 4CP100A-B 2018 4" 58. _- 04:07.200 4" Sunny Assortment Package A 2020 4" 59 04:12280 4" Crown Package 4CP10DA-B 2018 4" 6.Q: 04:16.400 4" Sunny Assortment Package C 2020 4" 61 04:21,480 4" Crown Package 4CPi0DA-B 2018 4" 62 04:25.600 4" Sunny Assortment Package B 2020 4" 63 04:30.500 4" Crown Package 4CP100A-A 2018 4" 64. 04:35.280 4" Crown Package 4CP100A-B 2018 4" 65 D4:39A00 4" Sunny Assortment Package A 2020 4" &kM 04:44.100 4" Sunny Assortment Package C 2020 4" 67 04:49.000 4" Crown Package 4CP1 DOA -A 2018 4" 68� 04:53.300 4" Sunny Assortment Package A 2020 4" 69 04:57.200 3" (25 Shot) Assorted Chrysanthemum (Du rat+on: 25 Sec B1 70 MS#2 04:57.200 3" (25 Shot) Assorted Chrysanthemum (Duration: 25 Sec B3 70 MS#2 04:58.200 4" Crown Packaga 4CP1o0A-A 2018 4" 71 05:02.980 4" Crown Package 4CP100A-B 2018 4" 72 05:07.600 4" Sunny Package V25 4" 05:11.700 4" Sunny Assortment Package A 2020 4" 74 05:16.300 4" Sunny Assortment Package C 2020 4" �� City of Federal Way Show date 7/4/24 Location Federal Way, WA Event Time 05:21.400 500 05:30.500 05:34.800 05:39.900 05:-14JYJ0 05:49.100 05:53.500 05:57.800 06:07.000 06:16.780 06:2f,400 06:25.500 06:30.400 06:35.180 06:39.300 06:44.400 06:48,500 06:53.400 06:57.200 06:57.200 06:58,180 07:02.400 07:07.000 WD Electric Cue Sheet -3scripf Oositior 4" Sunny Package V25 4" 4' Sunny Assri-lnr [it Fkage B 2020 4" 4" Crown Package 4CP100A-A 2018 4" 4"-!5, vAssorfrlre:iLportf €eg'eC2iJ20 4" 4" Sunny Package V25 4" 4" "trnny Assort ,�nI Pack-^ .q2020 4" 4" Sunny Package V25 4" 4" Crov:n Packan? 4�l'IOOA-e2018 4" 4" Sunny Assortment Package C 2020 4" 4" Sm-iny F-�r:L:aj& V25 4" 4" Sunny Assortment Package C 2020 4" 4" Cr,s:r:r Package-1Pt+"iCO..-;, ^n1= 4^ 4" Crown Package 4CP100A-B 2018 4" 4" S:3nny Package V25 4" 4" Sunny Assortment Package C 2020 4" 4" C:row1-4 Package tGF1 nn_�-A ::,q I:; 4" 4" Crown Package 4CP100A-B 2018 4" 4" Sunny Assosl,okM Package ri 2020 4" 4" Sunny Package V25 4" 4" Sunny Asslaf$�itx1'it Package 82020 4" 4" Crown Package 4CP100A-A 2018 4" 3" (25 ` [ialJ R d Str, ,be? ,❑ Bi 3" (25 Shot) Red Strobe/ Green Strobe/ Lemon Strobe (D B3 4" (; rn rn r Package 4" 4" Sunny Assortment Package C 2020 4" 4" Sfjnnv Assorlm-fi: Package AS= 4" Pin Notes 76 77'� 78 79- 80 81 82 83 - 84 86 88 89 90 91 92 93 94 95 96 97 MS#3 97 MS#3 98 99 100 4/11 City of Federal Way Show date 7/4/24 Location Federal Way, WA Event Time scripl 07:11.900 07:16.200 07:21.100 D7:25.900 07:30.000 07:39.500 07:48.500 07:57.700 OM.800 08:06.900 0aI I.500 08:16.100 08:25.800 08: 08:34.900 IMMM 08:44.300 IDAUM 08:53.300 MIMM 08:57.200 08:57.600 WD Electric Cue Sheet 4" Crown Package 4CP100A-A 2018 4" 4" aLlnrll• Ass,J. ImunL P--ic :og': B 'X120 4" 4" Crown Package 4CP100A-A 2018 4" 4" S;1n"VV Paickriyu V2® 4" 4" Sunny Assortment Package A 2020 4" 4" Sunny P:�r:k,�Cie V 6 4" 4" Crown Package 4CP100A-A 2018 4" 4" 6 t11My Assortment P,;i k} jg• C 210210 41' 4" Sunny Assortment Package B 2020 4" 4" Snrmy AssnrUnc-i iL Pacl rp A 2020 4" 4" Sunny Assortment Package B 2020 4" 4" Skinny P,=:;3rle V25 4" 4" Sunny Assortment Package A 2020 4" 4" Sunny Asscrf7 irnt Polik:jqe B 2K0 4" 4" Sunny Assortment Package C 2020 4" 4" 5L1griy Assortnlani P.-yr.k,d aF A.2{12U 4" 4" Sunny Package V25 4" 4" Crux'n Pa;.' L,g,= 4CP1+:1-)A-B 2- a 18 4" 4",Crown Package 4CP100A-A 2018 4" 4" Crcv: i PL. .4CP10M-B 2L)18 4" 4" Sunny Package V25 4" 4" 'Sunny Assortment Pa; ktj.3r A 2020 4" 4" Crown Package 4CP100A-A 2018 4" 3" (25 ai:r:tj Variegated [Teeny v.'r 1 alni C_,rt� (D.aratinn:: B1 3" (25 Shot) Variegated Peony w/ Palm Core (Duration: 2 B3 4" -Su rrrr: Assort meru PHf-;kaq A 2021] 4" 5/11 101 102 103 104 105 106 — 107 108 109 110 111 1 lz{ 113 114t= 115 116 117 118 119 120 " 121 122 4 123 124 MS#4 124 MS#4 125 City of Federal Way Show date 7/4/24 Location Federal Way, WA Event Time Description WD Electric Cue Sheet Position Pin Notes 09:02.200 4" Sunny Assortment Package C 2020 4" 09:07.100 4" Crown Package 4CPi00A-A 2018 4" 09:11.400 4" Sunny Assortment Package B 2020 4" 09:16.300 4" Crown Package 4CP100A-A 2018 4" 09:20.700 4" Sunny Assortment Package C 2020 4" 09:25,300 4" Sunny Assortment Package A 2020 4° 09:30.200 4" Crown Package 4CP100A-A 2018 4" 09:35.000 4" Sunny Package V25 4" 09:39.100 4" Sunny Assortment Package C 2020 4-' 09.43.700 4" Sunny Assortment Package A 2020 4" 09:48.300 4" Sunny Assortment Package B 2020 4" 09:52.900 4" Sunny Assortment Package A 2020 4" 09:58.000 4" Sunny Package V25 4" 10:02.400 4" Crown Package 4CP100A-A 2018 4" 10:06.800 4" Sunny Assortment Package B 2020 4" 10:11.B80 4" Crown Package 4CP100A-13 2018 4" 10:16.000 4" Sunny Assortment Package B 2020 4" 10:21.080 4" Crown Package 4CP100A-B 2018 4" 10:25.200 4" Sunny Assortment Package B 2020 4" 10:29.800 4" Sunny Assortment Package A 2020 4" 10:34.700 4" Crown Package 4CP100A-A 2018 4" 10:39,000 4" Sunny Assortment Package B 2020 4" 10:44.100 4" Sunny Package V25 4" 10:48.200 4" Sunny Assortment Package C 2020 4' 10:52.900 4" Sunny Assortment Package A 2020 4" 10:57.200 3" (25 Shot) Gold Magic Peony/ Green Magic Peony/ Blu. B1 6/11 126 1 ii. ■N _ 128 — 129 130 131 132 133 _ 134 135 136 rt 137 138 139i 140 141 M 142 143 7 144 145—A 146 14T:� 148 149 150 151 MS#5 City of Federal Way Show date 7/4/24 Location Federal Way, WA WD Electric Cue Sheet Event Time Description Position 10:57.200 10:58.000 11:02.400 11:06-700 11:11.600 11.15,900 11:20.800 11.25.600 11:29.700 11:34.800 11:39.000 11:43,600 11:48.680 11!52.600 11:57.900 12:02.000 12:06.600 12:11.200 12:16.280 12:20.400 12:25.100 12:30.000 12:34.780 12:38,900 12:43.500 12:48.600 3" (25 Shot) Gold Magic Peony/ Green Magic Peony/ Blu- B3 4" Sunny Package V25 4" 4" Crown Package 4CP100A-A 2018 4" 4" Sunny Assortment Package C 2020 4" 4" Crown Package 4CP100A-A 2018 4" 4" Sunny Assortment Package A 2020 4" 4" Crown Package 4CP100A-A 2018 4" 4" Sunny Package V25 4- 4" Sunny Assortment Package C 2020 4" 4" Sunny Package V25 4" 4" Sunny Assortment Package A 2020 4" 4" Sunny Assortment Package C 2020 4" 4" Crown Package 4CP100A-B 2018 4" 4° Sunny Assortment Package B 2020 4" 4" Sunny Package V25 4" 4" Sunny Assortment Package B 2020 4" 4" Sunny Assortment Package A 2020 4" 4" Sunny Assortment Package C 2020 4" 4" Crown Package 4CP100A-B 2018 4" 4" Sunny Assortment Package B 2020 4" 4" Sunny Assortment Package C 2020 4" 4" Crown Package 4CP100A-A 2018 4" 4" Crown Package 4CP100A-B 2018 4" 4" Sunny Assortment Package C 2020 4" 4" Sunny Assortment Package A 2020 4" 4" Sunny Package V25 4" 7/11 151 MS#5 152:0"' — 153 154 155 156 157 158 159 160 161 162 163 164.1m 165 167 168 169 170 171 172 173 174 175 176 City of Federal Way Show date 7/4/24 Location Federal Way, WA WD Electric Cue Sheet Event Time Position Pin 12:52.700 4" Sunny Assortment Package B 2020 4" 177 12:57.800 4" Sunny Package V25 4" 178 12:58.000 3" (25 Shot) Blue Peony/ Purple Peony/ Lemon Peony (D B1 179 12:56,000 3" (25 Sfiot) BIue Peonyl Purple Peonyl Lemon Peony (D B3 179 13:02.380 4" Crown Package 4CP100A-B 2018 4" 180 13:06.800 4" Crown Package 4CP100A-A 2018 4" 181 13:11.680 4" Crown Package 4CP100A-B 2018 4" 182 13:15.800 4" Sunny Assortment Package B 2020 4- 183 13:20.400 4" Sunny Assortment Package A 2020 4" 184 13:25.000 4" Sunny Assortment Package C 2020 4" 185 13:29.900 4" Crown Package 4CP100A-A 2018 4" 186 13:34.680 4° Crown Package 4CP100A-B 2018 4" 187 13:39.100 4" Crown Package 4CP100A-A 2018 4" 188 13:43.880 4" Crown Package 4CP100A-B 2018 4" $89 13:48.500 4" Sunny Package V25 4" 190 13:53.060 4" Crown Package 4CP700A-B 2018 4" 191 13:57.600 4" Crown Package 4CP100A-A 2018 4" 192 14:02,400 4" Sunny Package V25 4" 193 14:06.500 4" Sunny Assortment Package B 2020 4" 194 14:11 A00 4" Sunny Assortment Package C 2020 4" 195 14:15.700 4" Sunny Assortment Package A 2020 4" 196 14:20.600 4" Crown Package 4CP100A-A 2018 4" 197 14:25.400 4" Sunny Package V25 4" 198 14:29.98D 4' Crown Package 4CP100A-B 2018 4" 199 14:34.100 4" Sunny Assortment Package B 2020 4" 20G 14:39,180 4" Crown Package 4CP100A-B 2018 4" 201 Notes MS#6 M5#6 8/11 City of Federal Way Show date 7/4/24 Location Federal Way, WA WD Electric Cue Sheet Event Time Description Position Pin Notes 14:43.400 4" Sunny Assortment Package B 2020 4" 202 14.48.500 4" Sunny Package V25 4° 203 14:52.600 4" Sunny Assortment Package B 2020 4" 204 14:57.200 3" (25 Shot) Red Peonyl Lemon Peony) Orange Peony [t B1 205 MS#7 14:57.200 3" (25 Shot) Red Peony/ Lemon Peony/ Orange Peony (C B3 205 MS#7 14:57.200 4" Sunny Assortment Package A 2020 4" 206 15:01.800 4" Sunny Assortment Package B 2020 4" 207 15:06.900 4" Sunny Package V25 4" 208 15:11.000 4" Sunny Assortment Package C 2020 4" 209 15:16,080 4" Crown Package 40P100A-B 2018 4" 210 15:20.200 4" Sunny Assortment Package C 2020 4" 211 15:25.100 4" Crown Package 4CP100A-A 2018 4" 212 15:29.500 4" Sunny Assortment Package B 2020 4" 213 15:34.400 4" Crown Package 4CP100A-A 2018 4" 214 15:38.700 4" Sunny Assortment Package C 2020 4" 215 15-43.300 4" Sunny Assortment Package A 2020 4" 216 15:48.400 4" Sunny Package V25 4" 217 15:52.980 4" Crown Package 4CP100A-B 2018 4" 218 15:57.100 4" Sunny Assortment Package B 2020 4" 219 16:01,700 4" Sunny Assortment Package A 2020 4" 220 16:06.600 4" Crown Package 4CP100A-A 2018 4" 221 16:10.900 4" Sunny Assartment Package A 2020 4" 222 16:16.080 4" Crown Package 4CP100A-B 2018 4" 223 16:20.700 4" Sunny Package V25 4" 224 16:25.280 4" Crown Package 4CP100A-B 2018 4" 225 16:29.900 4" Sunny Package V25 4" 226 9/11 City of Federal Way Show date 7/4/24 Location Federal Way, WA WD Electric Cue Sheet Event Time Description Pin 10 / 11 Notes 16:34.000 4" Sunny Assortment Package B 2020 4" 227 38" 4' SrinnyAssPrlrMEnl Package e; 2D20 4' 228, 16:43.200 4" Sunny Assortment Package B 2020 4" 229 WAII 4" CF��-ti n P3rlt."1E: 4C,Fr I QOA-I I. h' 4" 230 16:52.400 4" Sunny Assortment Package A 2020 4" 231 ,46:57AW 4" r rc vi, 1'ac:kage 4CP199A-G ::i r1 "- 4" 232 47:01.700 4" Sunny Assortment Package B 2020 4" 233 MOM 4" Gold&ft Ting Red Flow m: Pistil 4" 234 17:07.200 3" (25 Shot) Red Peony/ Blue Peony/ White Peony (Dura B1 235 FINALE STAGE 1 Tmlzm; Y 3" (F'.6 `a'hgIY F.HJ Fer -�ql F.IirF Ne--,n'y; A' ki'.: Peonv {Dura 83 235 FINALE 'STAGE 1 17:09.400 4" Golden Glittering & Blue Flower Pistil 4" 236 FINALE STAGE 1 17 11.01M i L �' 4" Gol li-,rl4- l-[O� �iinj 3 luh•'.- F[ ::er Pi ti[ s" 237 FINALE STAGE 1 17:14.400 4" Golden Glittering & Red Flower Pistil 4" 238 FINALE STAGE 1 17:16.900 4".0010Glitterng4OlueFirtww. Pir'lfi 4" 239 FINALE SIAGE 1 17:19.400 4" Golden Glittering & White Flower Pistil 4" 240 FINALE STAGE 1 IT.-,1.-11Y9 4' {.;i doh Glittering & Red Fltr:•:rr I,:.Iil 4" 241 FINALE t:TAGE 1 17:24.400 4" Golden Glittering & Blue Flower Pistil 4" 242 FINALE STAGE 1 17:26.900 4" CoMen ONWIng N VvOitcj Flory.-r PisV 4" 243 FINALE STAGE S 17:31.000 4" Silver Crown w/Blue Pistil 4" 244 FINALE STAGE 2 17:31100 3".I9r Shot] Sive Magic Peonyl Crackling Coconut/ Ti S B1 245 FINALE ST.AC-,E 2 17:31.200 3" (25 Shot) Silver Magic Peony/ Crackling Coconut/ Ti S B2 245 FINALE STAGE 2 17:31.200 3" (25 �1:Irr:tl''i v�r tJ.igir, Pc-_,i)yr Crack.IrF4.q CocoriiI Ti S B3 245 FINALE STAGE 2 17:33.400 4" Silver Crown w/Silver Strobe Pistil 4" 246 FINALE STAGE 2 17:35,900 VS 11 v,N 7 :rovun ::; Fed a•.n -hr F't:.lr1 4" 247 FINALE STAGE 2 17:38.500 4" Silver Crown w/Blue Pistil 4" 248 FINALE STAGE 2 17-40-900 4" ;SIIV+=-CT-, n LvISiIFer.: trobe F ;;Ii1 4" 249 FINALE tiTAGE2 City of Federal Way Show date 714124 Location Federal Way, WA WD Electric Cue Sheet Event Time Description 17:43.400 4" Silver Crown w1Red Strobe Pistil 4'" 250 FINALE STAGE 2 17.46.000 4" Srly,r 6 . uvrre v;'t lu❑ fS:sri1 4" 251 FINALE ?7AGE 2 17:48.400 4" Silver Crown w/Sllver Strobe Pistil 4" 252 FINALE STAGE 2 17:50.900 4" S'il' er Sirut_• Pi: tit 4" 253 f af.,l.+riL:E STAGE i 17:54.900 3" Chained Dragon Eggs(Ti-Salutes)&Ti-Chrys. Assortme 3" 254 FINALE STAGE 3 t tti$.1UU 3" ChaIne� c h Fua:, i-Saiutu=7c.T-C-hry-. AssortmE3" 255 FINALE STAGK2 17:55.300 3" Chained Dragon Eggs(Ti-Salutes)&Ti-Chrys. Assortme 3" 256 FINALE STAGE 3 17:55.300 4" Blur! Pin ,V'.ti'Ih Vs+liiAIP 4" 257 FINALE S1TAG118 17:55.500 3" Chained Dragon Egg s(Tl-Salutes) &TkChrys. AssortmE 3" 258 FINALE STAGE 3 17',,K.5 0 4" BIu%- Pea ny %v[it s*0 4" 259 FINALE STAGE-3 17:56.200 4" White Peony with Whistle 4" 260 FINALE STAGE 3 '17:56-4fIU 4' ;'r' 1ili Peon vv..,:th'Alhi511 4" 261 FINALE STAGE 3 17:56.600 4" Red Peony with Whislte 4" 262 FINALE STAGE 3 I:' S6.S�i7 u" Rcd Peony vo..-. W1 i:::ltP G" 2.63 FINALE S AGE:3 17:57.000 4" White Peony with Whistle 4" 264 FINALE STAGE 3 1 _=:Nj-500 4" (36) Sunny.Assorimen L P ji ka; V25 4" <NOT A U-IRCUI l •- 16:56.500 4" (36) Sunny Meteor Assortment 4" <NOT A CIRCUIT> t 8:56�wp 4" (36) Sunny Assottmt:.nt Package :� 2022 4" <NOT A CIRCL1IT> 18:56.500 4" (36) Sunny Assortment Package C 2022 4" <NOT A CIRCUIT> 18,56.800 4" (36) Crown Assorted Shells -A r:r I ;iil (16 Effects) 4" <NOT A CA63PT-VI 18:56.800 4" (36) Crown Assorted Shells-B wrrail (18 Effects) 4" <NOT A CIRCUIT> PYROTECHNIC EXCELLENCE -SINCE 1948 • P.O. Box 932 • Canby Oregon 97013 .503.656.1999 • westerndisplay.corn U') ry DISPLAY AGREEMENT AND PURCHASE ORDER THIS AGREEMENT ("Agreement") is entered into on by and between L1J Western Display Fireworks, Ltd., an Oregon corporation, whose address is set forth above, ("Western") and City of Federal Way, whose address is 33325 81h Ave S., Federal Way, WA 98003 ("Sponsor"). Western and i..L Sponsor are sometimes individually referred to as a "Party" and collectively as the "Parties." In consideration of the mutual terms and conditions set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: U} 1. Proposal. Western agrees to supply, and Sponsor agrees to pay for, a fireworks display on the following designated date(s) and location: July 4, 2024; July 4, 2025 and July 4, 2026 at Celebration Park, 1095 S. 324th St, Federal Way, WA 98003, as detailed in Proposal #24-7436, which is attached hereto and w incorporated herein by this reference, (the "Display") in accordance with the program approved by both Parties. Show scripts for years 2025 and 2026 to be provided to the Sponsor each year of the Displays. 2. Price and Payment Terms. Total price of NINETY ONE THOUSAND TWENTY FIVE DOLLARS AND NO/100 ($91,025.00). a. Total price for 2024 ($27,500.00) is to be paid as follows: 25% of the total price, $6,875.00 is due by JANUARY 5, 2024; 25% of the total price, $6875.00 is due by JUNE 4, 2024; the remaining balance of the price, $13,750.00, is due in full on or before July 14, 2024. b. Total price for 2025 ($30,250.00) is to be paid as follows: 25% of the total price, $7,562.50 is due by JANUARY 5, 2025; 25% of the total price, $7,562.50 is due by JUNE 4, 2025; the remaining balance of the price, $15,125.00, is due in full on or before July 14, 2025. c. Total price for 2026 ($33,275.00) is to be paid as follows: 25% of the total price, $8,318.75 is due by JANUARY 5, 2026; 25% of the total price, $8,318.75 is due by JUNE 4, 2026; the remaining balance of the price, $16,637.50, is due in full on or before July 14, 2026. d. Interest will accrue at 1%% per month (an annual percentage rate of 18% per annum) on all unpaid amounts from the date on which the payment was due. 3. Western Duties. As part of the total price Western agrees to the following each year of the contract: a. To supply all shells and other pyrotechnics listed on the Proposal; b. Mortars, firing equipment and all other required materials necessary to perform its services hereunder; c. Proper delivery, set-up, firing and presentation by pyrotechnic operator and crew covered under workers compensation insurance; d. To remove all equipment and spent pyrotechnic devices and clean up debris from the immediate Display site. Sponsor acknowledges that additional debris may remain in the fallout zone after Western's responsibilities of Display site cleanup have been completed; and e. To comply with all local and federal guidelines and obtain any necessary permits to perform the Display, unless otherwise notes in Sponsor duties. 4. Sponsor Duties each year of the contract. a. Sponsor shall comply with all duties as detailed under the Compliance with Laws/Sponsor Responsibilities portion of this Agreement; ❑ PYROTECHNIC EXCELLENCE -SINCE 1948. P.O. Box 932. Canby. Oregon 97013 503.656.1999 westerndisplay.com r U) PAGE 2 Db. Sponsor to provide parking for the equipment truck as needed starting as early as July Vt through July 5th and overnight security for fireworks truck day and night of July 3rd if needed; �j c. Western agrees to remove all equipment, large debris and spent boxes from the immediate C_ display site City of Federal Way agrees to complete all other site cleanup; LL d. Sponsorto provide the musical soundtrack for the fireworks display 18 minutes in length by March 1st; and 7 e. Sponsor to provide 100 sand bags to be'delivered to the display site by July 3rd. I 5. Insurance. Western agrees to provide, at its expense, commercial general liability insurance coverage in Cf)an amount not less than $5,000,000. If requested in writing, Western shall provide Sponsor with a Q certificate of insurance within two weeks of the Display. All entities/individuals listed on the certificate of Z insurance will be deemed as additional insured pursuant to this Agreement. Iry UJI 6. Indemnification. Western agrees to indemnify, defend, and hold harmless the Sponsor, its agents and F— employees, and those entities/individuals listed on the certificate of insurance, from and against all CIO claims, costs, judgments, damages and expenses, including reasonable attorney fees that directly arise from the performance of the fireworks to the extent that such are occasioned by an act or omission of its agents and employees from and against all claims, costs, judgments, damages and expenses, including reasonable attorney fees that arise from the performance of the fireworks to the extent that such are occasioned by any act or omission of Sponsor, its agents and employees. Each Party agrees to give the other Party prompt notice of any claims. Neither Party shall be responsible for consequential damages. 7. Compliance with Laws. a. Sponsor Responsibilities: SPONSOR agrees to perform their requirements in accordance with NFPA 1123 OUTDOOR DISPLAY OF FIREWORKS 2022 Edition (National Fire Protection Association) 8.1 General Requirements. The sponsor of the display shall make provisions for fire protection for the display. 8.1.1 The sponsor shall consult with the AHJ, the local responding fire department (if different from the AHJ) and the operator (the licensed pyrotechnic operator employed by Western) to determine the level of fire protection required. 8.1.2 The following shall apply to crowd control: (1) Monitors whose sole duty is the enforcement of crowd control shall be located around the display site and at other locations as determined by the sponsor. (2) The AHJ and the operator shall approve the provisions for crowd control. 8.1.2.1 Monitors shall be positioned around the display site to prevent spectators or any other unauthorized persons from entering the discharge site. 8.1.2.2 Where required by the AHJ, approved delineators or barriers shall be used to aid in crowd control. 8.1.2.3 Portions of the display site, other than the discharge site(s), shall be permitted to be open to the public prior to the display as long as the provisions of4.2.2.2 are maintained. 8.1.2.4 Unescorted public access to the discharge site shall not be permitted where pyrotechnic materials are present during the period before the display. 8.1.2.5 The discharge site shall be restricted throughout the display and until the discharge site has been inspected after the display (see Exhibit A — Display Site Map). b. Western's Responsibilities: Western shall secure and maintain any and all licenses, permits or certificates that may be required by any regulatory body having jurisdiction over the materials or performance of the services herein contemplated unless otherwise noted above in Sponsor duties. Western shall exercise full and complete authority over its personnel, shall comply with all workmen's compensation, employer's liability and other federal, state, county and municipal laws, ordinances, U) Nel Iry 0 W c_ H iZ Cf) Z a W (I) PYROTECHNIC EXCELLENCE -SINCE 1948 • P.O. Box 932 • Canby • Oregon 97013,503,656.1999. westerndisplay.com PAGE 3 rules and regulations required of an employer performing such services, and shall make all reports and remit all withholdings or other deductions from the compensation paid its personnel as may be required by any federal, state, county or municipal law, ordinance, rule or regulation. Western is responsible to insure that all materials and services supplied under this Agreement comply with all laws, rules and regulations of the State and the federal government relating thereto. 8. Cancellation/Rescheduling by Sponsor. If the Display is cancelled by the Sponsor after receipt of this signed Agreement, Sponsor agrees to pay 25% of the total price of said Display for restocking and costs incurred. If the Display is cancelled by the Sponsor within 30 days of the scheduled Display date, Sponsor agrees to pay 50% of the total price of said Display. If the Display is cancelled by the Sponsor on the date of the Display, Sponsor agrees to pay 100% of the total price of said Display. By providing notice of not less than 30 days from the original Display date, Sponsor may elect to reschedule the Display to a mutually agreeable date. This date must be within 90 days of the original display date. Western agrees to facilitate this rescheduling and Sponsor agrees to reimburse Western for new permits and other additional costs associated with this change. Sponsor understands that permitting requirements, burn bans and other factors beyond Western's control may prohibit rescheduling of a display. If these factors prohibit the rescheduled Display from taking place then the standard cancellation schedule applies. 9. Safety / Weather Forced Cancellation. Western agrees that it shall be the responsibility of the pyrotechnic operator in charge, acting on Western's behalf or the Authority Having Jurisdiction, to cancel or delay the Display if in the operator's judgment circumstances beyond the control of either Party pose an extraordinary risk to the health and safety of any persons or property within the vicinity of the Display. If the product has been damaged as an attempt to execute the Display and cannot be safely reused,100% of the price is due and Western has no further obligation under this Agreement. If the product is intact and reusable, Western agrees to store the product and execute the Display on a mutually agreeable future date. Sponsor agrees to reimburse Western for reasonable costs associated with the rescheduling of the event. 10. Force Majeure. Sponsor assumes the risks of weather, strike, civil unrest, terrorism, military action, governmental action, and any other causes beyond the control of Western which may prevent the Display from being safely performed on the scheduled date, which may cause the cancellation of the event for which Sponsor has purchased the Display, or which may affect or damage such portion of the Display as must be replaced and exposed a necessary time before the Display. 11. Product Performance. Sponsor recognizes and acknowledges that due to the nature of fireworks, an industry accepted level of 3% of the product used in any display may not function as designed and this level of nonperformance is acceptable as full performance. 12. Limitation on Damages. In the event that Sponsor claims that Western has breached this Agreement or was negligent in performing its duties hereunder, Sponsor shall not be entitled to claim or recover monetary damages from Western beyond the amount that Sponsor has paid Western under this Agreement and shall not be entitled to a claim for or recover of consequential damages from Western, including, but not limited to, damages for lost income, business, or profits. Additionally, Western's liability for matters covered by the insurance set forth herein shall be limited to the limits of said insurance. 0 17 'J^ v J ry O W C LL n 00 Z W Cn PYROTECHNIC EXCELLENCE , SINCE 1948, P.O. Box 932 o Canby • Oregon 97013 • 503.656.1999 ; western display.com PAGE 4 13. Time. Time is of the essence in this agreement. The Parties expressly recognize that in the performance of their respective obligations, each Party is relying on timely performance by the other Party and will schedule operations and incur obligations to third parties in reliance upon timely performances by the other Party and may sustain substantial losses by reason of any failure of timely performance. 14. Independent Contractor/No Joint Venture. The Parties agree that Western is an independent contractor, and is not an agent or employee of Sponsor for any purpose. It is further agreed that Western's employees shall be, and remain, the employees of Western and not of Sponsor. Nothing in this Agreement or the actions of Western or Sponsor shall be construed as forming a partnership or joint venture between Sponsor and Western. 15. Attorney Fees. In the event that either Party to this Agreement shall enforce any of the provisions hereof by any action at law or in equity, the unsuccessful Party to such litigation agrees to pay to the prevailing Party all costs and expenses, including reasonable attorney fees, incurred therein by the prevailing Party. 16. Jurisdiction. This Agreement shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by the laws of the State of Oregon applicable to contracts. 17. Severability. In the event a court of competent jurisdiction determines that any provision of this Agreement is in violation of any statute, law, rule, regulation, ordinance or public policy, then the provisions of this Agreement that violate such statue, law, rule, regulation, ordinance or public policy shall be stricken or modified to the extent that such provision no longer violates such statute, law, rule, regulation, ordinance or public policy. All provisions of this Agreement that do not violate any statute, law, rule, regulation, ordinance or public policy shall continue in full force and effect for all purposes. Furthermore, any court order striking or modifying any provision of this Agreement shall modify or strike the provision in as limited a manner as possible to give as much effect as possible to the intentions of the Parties to this Agreement. 18. Survival. The terms of paragraphs 5, 6, 12, 15, and 16 shall survive the cancellation or termination of this Agreement. 19. Entire Agreement. This Agreement sets forth the entire agreement and understanding between the Parties hereto respecting the matters within its scope and may be modified only in writing signed by both of the Parties hereto. The pricing and product offered in the Proposal shall remain firm if this Agreement is mutually executed by both Parties on or before October 13, 2023. Sponsor Western Display Fireworks, Ltd. By: Its: Date: By: HeatherJ. Gobet Its: President Date: 7 t + r s I y Western Display i M r M � R Fireworks Celebration Park Rd�zoFederal Way, WA Discharge Site 20'X 20' 6n COUNCIL MEETING DATE: November 21, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: STAFFING POSITION CONTROL CHANGE AT THE FEDERAL WAY COMMUNITY CENTER Policy Question: Should the City Council accept the position control change at the Federal Way Community Center from the Aquatics Department to the Membership Services Desk? COMMITTEE: PRHSPSC CATEGORY: ® Consent ❑ Ordinance ❑ T City Council Business ❑ Resolution MEETING DATE: November 14, 2023 STAFF REPORT BY: Leif Ellsworth Community Center Manager DEPT: Parks Attachments: 1. Staff Report Public Hearing Other Options Considered: 1. Accept the position control change at the Federal Way Community Center 3. Do not accept the position control change and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPRDVAL�jI Initial/Date 4 fr .SDIRECTOR APPROVAL: /f% � non Initial/Date Initial/Date COMMITTEE RECOMMENDATION,: "I move to forward _ the community center position control change as proposed to the November 21, 2023, City Council consent agenda for approval. " '4Co mittee Member V iG— 2ODI- -- 1 :L _ Committee Member D COUNCIL MOTION: "I move approval of the community center position control change as 11 (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED—11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 14, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Leif Ellsworth, Community Center Manager SUBJECT: Staffing Position Control Change at the Federal Way Community Center Financial Impacts: This change to the organizational chart of the Federal Way Community Center (FWCC) will require no change to the budget. Salary and benefits have been approved and are currently in the biennial budget. The current aquatics position has been vacant for all of 2023 and management staff proposes to shift the position from the aquatics department to the community center front desk. This shift will aid in providing better service to our members and the public, and provide more consistency in staffing at our membership services desk. Background Information - The aquatics department at the FWCC had operated with three full-time employees from 2010 until the COVID-19 global pandemic closed the center in 2020. During the pandemic one of the three employees chose a new career path. rather than fill the position at the time, the Parks Department chose to proceed with reopening the FWCC with two FTE positions within the aquatics department. After the FWCC was fully reopened, the City began to notice an increase in the use of the community center and frequency at which our staff were at capacity- at the front desk and experiencing challenges in handling each request received. After operating successfully for more than 18 months with only two FTE positions in the aquatics department, it was determined that the aquatics department was sufficiently staffed at the FTE level, freeing up the additional vacant FTE allocated for the aquatics department for other potential uses. Shifting the third aquatics position that is currently budgeted for and vacant to a front desk Office Technician would help address the identified staffing pressure and workload distribution needs. The proposed reallocation for this position will help create an atmosphere of support and leadership at the front desk during peak times of need on nights and weekends. This will also aid in being able to answer more phone calls and in -person inquires in a timely manner. All of this will contribute to more efficiency, a better work environment, and increased customer Rev. 7/18 support at the FWCC front desk. The Parks Department recommends approval of this staffing position control change so FWCC staff can continue to serve the public with a high level of customer service. Rev. 7/18 3% COUNCIL MEETING DATE: November 21, 2023 ITEM #.- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SYSTEMS FOR PUBLIC SAFETY AGREEMENT — AMENDMENT 3 POLICY QUESTION: Should the City Council approve Amendment 3 for the Agreement with Systems for Public Safety to increase compensation and extend the term to cover the remaining upfitting expenses for scheduled replacement reserve vehicles and the 28 approved new police vehicles? COMMITTEE: PRHSPSC CATEGORY: ® Consent ❑ City Council Business MEETING DATE: November 14, 2023 ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Commander Kvle Buchanan DEPT: Police Department Attachments: 1. Staff Report 2. Systems for Public Safety, Inc. — Amendment 3 Options Considered: 1. Approve the proposed amendment. 2. Do not approve the proposed amendment and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: io o DIRECTOR APPROVAL: 01/1 01 r t.Q lllCC CnullCit �� Fniiial tC [nilia abase [niFisl�D e COMMITTEE RECOMMENDATION: "I move to forward the proposed Amendment to the November 21, 2023, consent agenda for approval. " il4coee Member Committee Member PRpF6SED COUNCIL MOTION: "I move approval of the proposed Amendment, and authorize the Mayor to execute said amendment. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED—11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 14, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Commander Kyle Buchanan, Police Department SUBJECT: Systems for Public Safety Agreement — Amendment 3 Financial Impacts: The cost to the City for Systems for Public Safety Agreement — Amendment 3 is included within the approved budget under police department vehicle maintenance. The City approved budget covers the purchase and installation of equipment for 28 newly purchased patrol vehicles (model year 2023). In accordance with the approved budget, this item is funded by under a combination of ARPA (general fiend) and replacement reserves (504 Account). Upon completion of the Systems for Public Safety agreement future costs will be an estimated $22,000 per new patrol emergency equipment upfit, $5,000 per unmarked car emergency equipment upfit, $1,000 per vehicle for emergency equipment repairs due to ongoing costs associated with operations and maintenance, not to exceed $850,000 per the Amendment. These estimates are not adjusted for inflation. Background Information: Systems for Public Safety purchases, installs, maintains, and repairs police vehicle equipment to include, but not limited to, emergency lighting, push bumpers, power management systems, prisoner and canine containment systems, and other required in - vehicle accessories. The Federal Way Police Department has been utilizing the services of Systems for Public Safety since 2006. The materials, quality of workmanship, and services provided have been above reproach, thankfully so because they are a sole source provider. The request for compensation and term increase is necessary in order to up -fit and equip vehicles recently purchased for the fleet. Rev. 7/18 CITY OF CITY HALL 33325 Avenue South Federal Way, WA 98003-6325 (253) 835-7000 Federal ay www cityoffederalway com AMENDMENT NO.3 TO GOODS AND SERVICES AGREEMENT FOR INSTALLATION AND REPAIR OF POLICE VEHICLE EMERGENCY EQUIPMENT This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Systems for Public Safety, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Installation and Repair of Police Vehicle Emergency Equipment ("Agreement") dated effective March 27, 2018, as amended by Amendment No(s). 1 and 2 as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2026 ("Amended Term"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-3, attached hereto and incorporated by this reference. The Contractor .agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. 4. NOTICES. The Contractor is located and does business at the below address which shall be valid for any notice required under this agreement: SYSTEMS FOR PUBLIC SAFETY, INC 2520 112th Street S Lakewood, WA 98499 [Signature page follows] AMENDMENT - 1 - 3/2017 CITY Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE: SYSTEMS FOR PUBLIC SAFETY, INC.: By: _ Printed Name: Title: Date: STATE OF WASHINGTON ) ss. COUNTY OF ) ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me , to me known to be the of Systems for Public Safety, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of Notary's signature Notary's printed name 2023. Notary Public in and for the State of Washington. My commission expires AMENDMENT - 2 - 3/2017 CITY OF CITY HALL Federal Feder l Avenue South 8003 Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com EXHIBIT B-3 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Eight Hundred Fifty Thousand and NO/100 Dollars ($850,000.00). The total amount payable to Contractor pursuant to the original Agreement, all 'previous Amendments, and this Amendment shall be an amount not to exceed Two Million Nine Hundred Fifty Thousand and NO/100 Dollars ($2,950,000.00). 2. Method of Compensation: Parts supplied for installation shall not exceed 30% markup, nor exceed state contract pricing Hourly Rate In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: $90.00 per hour for troubleshooting, repair, and installation. At the service providers option, the cost of labor shall increase up to 3 % per annum. AMENDMENT - 3 - 3/2017 COUNCIL MEETING DATE: November 21, 2023 6p ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERNET CRIMES AGAINST CHILDREN ("ICAC") -MOU BETWEEN SPD AND FWPD FOR FUNDING FOR OFFICER SUPPORT ACTIVITIES/TRAINING. POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department enter into a Memorandum of Understanding with the City of Seattle Police Department to accept up to $10,000 in funding for officer support training and activities for officers who participate in ICAC Task Force investigations? COMMITTEE: PRHS&PSC MEETING DATE: November 14, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Commander Thad Hodge DEPT: PD Attachments: 1. Staff Report 2. Seattle Police Memorandum of Understanding Options Considered: 1. Approve the proposed Memorandum of Understanding. 2. Do not approve the proposed Memorandum of Understanding and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: "le DIRECTOR APPROVAL: Cami"..VD., COMMITTEE RECOMMENDATION: I move to forward the proposed Memorandum of Understanding to the November 21, 2023, consent agenda for approval. \ , ittee Chair Committee Member Committee Member PRO04)5ED COUNCIL MOTION: I move to approval of the proposed Memorandum of Understanding and authorize the Chief of Police to execute said MOU. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 14, 2023 TO: City Council VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Internet Crimes Against Children ("ICAC") MOU between SPD and FWPD for Funding for Officer Support Activities/Training Financial Impacts: There is no cost to the Federal Way Police Department (FWPD) to enter into this agreement with the City of Seattle Police Department (SPD). FWPD may receive up to $10,000 reimbursement for training for wellness and team building activities related to participation in the Internet Crimes Against Children (ICAC) Task Force administered by the Seattle Police Department. Background Information: FWPD is part of the regional Internet Crimes Against Children (ICAC) Task Force which investigates crimes involving sensitive materials. This task force is maintained by an Interlocal Agreement (AG22-130), for which the Seattle Police Department is the lead agency. Above the regular funding available to FWPD for participating in the ICAC Task Force, additional funds for a peer support grant have become available through SPD to support officer wellness, stress reduction, and team building for officers engaging in ICAC investigations, which involve extremely sensitive information and significant stress. This MOU with Seattle Police Department will allow FWPD to receive reimbursement for travel/training for officer wellness and team building activities related to participation in the Task Force, up to a maximum of $10,000. Rev. 7/18 MEMORANDUM OF UNDERSTANDING City of Federal Way .> Federal Way Police Department 33325 8th Ave South Federal Way, WA 98003 THIS AGREEMENT is made and entered into by and between the City of Seattle Police, hereinafter referred to as "SPD" and Federal Way Police Department, hereinafter referred to as "FWPD". WHEREAS, The Seattle Police Department is the Lead Agency for Washington State's Internet Crimes Against Children (ICAC) Task Force; WHEREAS, FWPD, is a member of the WA ICAC Task Force and requires funding to support its investigation and prosecution of ICAC crimes; WHEREAS, The Seattle Police Department receives funding to support investigation and prosecution of ICAC crimes and wishes to share this funding with Task Force Members to further the mission of the Task Force; WHEREAS, SPD is providing $10,000 for team building activities, wellness and stress management training and activities. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance of the scope of work contained herein, or as attached and made a part hereof, the parties hereto agree as follows: IT IS THEREFORE MUTUALLY AGREED THAT: SCOPE: This agreement is to support FWPD's travel/training costs, team building/wellness activities as agreed upon by FWPD & WA ICAC TF. In the event the MOU requires a change in scope or an increase in cost beyond the amount agreed to, SPD and FWPD shall agree to any such changes in writing prior to the commencement of Services requiring the change in the scope or cost increase. TERM OF AGREEMENT This Agreement shall begin September 1, 2023, and terminates September 30, 2024. This agreement may be modified and continued, by amendment, for work beyond this date, by mutual agreement of the parties. PAYMENT SPD will reimburse FWPD for actual costs incurred within the scope of this Agreement as specified above. 23-02257 Page 1 of 3 The funding limit shall not exceed $10,000 and shall reflect the Parties' best estimate of the cost of work to be accomplished under this Agreement. SPD shall not be obligated for any expenditure in excess of the funding limit unless prior written authorization is received. Actual amounts reimbursed under this Agreement shall be based on actual costs incurred by FWPD. In no event shall any Party be paid for costs that are not documented pursuant to the requirements of this Agreement. All requests for travel reimbursement will include receipts for all claimed travel expenses, with the exception of meals. The Recipient shall submit requests for reimbursement in accordance with the following restrictions: • Lodging expenses shall not exceed the federal lodging rates. Travel expenses shall be the most economical rate available in Coach • Meal expenses must be in accordance with the federal per diem rates. • Ground travel expenses, only as necessary • Parking expenses, only as necessary. SPD will pay FWPD pursuant to the following provisions, unless otherwise agreed in writing: 1. FWPD shall submit to SPD an invoice for costs incurred no later than thirty (30) calendar days following the month in which the costs were incurred. Invoice shall include a summary of total costs billed to date. Any request for payment for activities prior to the costs being incurred or the activity occurring, or work billed later than ninety (90) calendar days after its completion shall not be eligible for payment. 2. Unless otherwise directed, FWPD shall submit invoices and appropriate supporting materials to: Seattle Police Department Attn: Fiscal Office PO Box 34986 Seattle, WA 98124-4986 sydapP,seattle.gov 3. FWPD agrees to submit a final bill to SPD within thirty (30) calendar days after the end date of this Contract and will label the invoice "FINAL BILL." 4. Funding Source: State ICAC Allocation. INDEMNIFICATION AND HOLD HARMLESS FWPD shall defend, indemnify, and hold the City harmless from and against all claims, demands, losses, damages, or costs, including but not limited to damages arising out of bodily injury or death to persons and damage to property, caused by or resulting from: • The sole negligence or willful misconduct of FWPD, its officials, officers, employees, and agents; • The concurrent negligence of FWPD, its officials, officers, employees, or agents but only to the extent of the negligence of FWPD, its officials, officers, employees, and agents; • The negligent performance of non-performance of the contract by FWPD; and 23-02257 Page 2 of 3 Company waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the City and its officials, agents, and employees. INSURANCE The FWPD agrees that it will maintain premises operations and vehicle liability insurance in force with coverages and limits of liability typically maintained by consultants performing work of a scope and nature similar to that called for under this Agreement, but in no event less than the coverages and/or limits required by Washington state law. Workers compensation insurance shall also be maintained if required by Washington state law. TERMINATION Either party may terminate this Agreement without recourse by the other party upon written notice to terminate. Notice of termination shall be given by the party terminating this Agreement to the other, not fewer than fifteen (15) business days prior to the effective date of termination. AGENCY CONTACTS Contact between the Parties regarding Agreement administration will be between the re resentatives of each Party, or their desi nee as follows: Federal Way Police Department Seattle Police Department Name: Thaddeus Hodge Name: Kell Crouch Phone: 253.835.6764 Phone: 206.386.9140 Email: Email: Kelly.crouch@seattle.gov Thaddeus.hodge@cityoffederalway.com _ IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the latest day and year written below. FEDERAL WAY POLICE DEPARTMENT SEATTLE POLICE DEPARTMENT Andy Hwang Chief of Police Date: 23-02257 Brian G. Maxey Chief Operating Officer Date: Page 3 of 3 3 COUNCIL MEETING DATE: November 21, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Pierce Transit Extra Duty Police Services Interlocal Agreement Amendment No. 4 POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department amend the agreement with Pierce Transit to increase compensation and extend the term for extra duty police services? COMMITTEE: PRHSPSC MEETING DATE: Nov. 14, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kyle Sumpter, Deputy Chief of•Police DEPT: Police Department Attachments: 1. Staff Report 2. Proposed Amendment No. 4 to the Pierce Transit Extra Duty Police Services Agreement Options Considered: 1. Approve the proposed amendment. 2. Do not approve the proposed amendment and provide direction to staff. MAYOR'S RECOMMENDATION: Option]. MAYOR APPROVAL: I],1RECTOR APPROVAL: Lamm' ce until f 1� Initial COMMITTEE RECOMMENDATION: I move to forward the proposed Amendment to the November 21, 2023, consent agenda for approval. Bair 2�Arn � ommittee Me6ber Committee Member PROPOSED COUNCIL MOTION: I move approval of the proposed Amendment and authorize the Police Chief to Si 0f said Amendment. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 14, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Pierce Transit Extra Duty Police Services Interlocal Agreement Amendment No. 4 Financial Impacts: Costs for the Pierce Transit Amendment No. 4 are reimbursed by Pierce Transit. For 2024, the Federal Way Police Department (FWPD) has increased the billing to Pierce Transit by 8..3% to cover salary and benefits increases for 2024 in accordance with the 2022-2024 Guild Agreement. Since this Agreement reimburses FWPD for officer time worked, there should be no negative impact on City funds or on the police department's operating budget. Back,around Information: The City entered into an Interlocal Agreement with Pierce Transit in 2019 for FWPD police officers to work extra duty at various Pierce Transit stations, vehicles, bus routes, bus stops, facilities, and properties in Federal Way, Washington. The Agreement was amended three times to increase billing rates and extends the term of the Agreement. Consistent with the three prior amendments, the proposed Amendment No. 4 increases the billing rate by 8.3% and extends the agreement through December 31, 2024, Pierce Transit has agreed to pay the guild police officer overtime rate for each officer working extra duty at the transit station and other properties if needed. All other items and conditions of the Agreement remain the same. Officers perform the contracted work during their off -duty hours, so this does not impact regular police services for FWPD. This Agreement actually enhances our services by putting more FWPD police officers in service three times daily, all in uniform, at various Pierce Transit sites and facilities — primarily at the Federal Way Transit Center. T. PiarceTransit 3701 96 h Street SW Lakewood, WA 98499-4431 INTERLOCAL AGREEMENT AMENDMENT NO. 04 EXTRA DUTY POLICE SERVICES WHEREAS, on September 13, 2019, Pierce County Public Transportation Benefit Area Corporation (hereinafter referred to as "Pierce Transit") and the City of Federal Way, Washington (hereinafter referred to as "City") entered into an Agreement to provide Extra Duty Police Services to Pierce Transit; and The Agreement is hereby amended as follows: Scope of Work: The Agreement allows for an annual hourly rate increase per the Federal Way Police Guild Bargaining Agreement with the City. Pierce Transit and the City have agreed to a 8.3% increase that will be effective starting January 1, 2024, through December 31, 2024. COST SUMMARY & TERMS CONTRACT SUMMARY Original Contract Amount Previously Authorized Amendments This Increase Amount — Amendment No. 04 TOTAL CONTRACT AMOUNT $1,382,960.00 $0.00 $0.00 A. The scope of work will be accomplished on a time and materials basis, per the updated hourly rates reflecting a 8.3% increase for a fee of $92.67 per hour, per officer, in calendar year 2024. The total not to exceed contract amount shall remain $1 382 960.00. B. The expiration date of this Contract is extended to December 31, 2024. C. The adjustment in contract price includes and covers labor, materials, equipment, overhead, damages, if any, profits and all other costs and expenses, of whatever type, which are occasioned either directly or indirectly by the City as a result of this Amendment. D. All other items, terms and conditions, and obligations of the Contract shall remain in full force and effect except as expressly modified herein, in writing, by this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Contract as of the day and year set forth below their signatures. PIERCE COUNTY PUBLIC TRANSPORTATION CITY OF FEDERAL WAY BENEFIT AREA CORPORATION Mike Griffus Chief Executive Officer Date Andy J. Hwang Chief of Police Date Pierce Transit Agreement No. 1242 6r COUNCIL MEETING DATE: November 21, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JAIL SERVICES AGREEMENT — SCORE JAIL — AMENDMENT #1 POLICY QUESTION: Should the Federal Way Police Department amend the current SCORE Jail Services agreement to increase the service rates for 2024? COMMITTEE: PRHSPSC MEETING DATE: Nov 14, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jail Coordinator Curtis Tucker / Comm Thad Hodge DEPT: Police Attachments: 1. Staff Report 2. SCORE Jail Services Agreement -Amendment # 1 Options Considered: 1. Approve the proposed Amendment to the SCORE Jail Services Agreement. 2. Do not approve the proposed Amendment to the SCORE Jail Services Agreement and provide direction to staff MAYOR'S RECOMMENDATION: 1. Approve the proposed agreement MAYOR APPRO/ DIRECTOR APPROVAL: 6� G ntnill Ounsil � laiiial a!e // lnitla}I a!e Initial/Date COMMITTEE RECOMMENDATION: I move to forward the Proposed Amendment to the SCORE Jail Services ,4g7•eenpenE t the November 21, 2023, Counciconsent agenda for approval. bu All. mit6e Cl W C m m_i—tt_eTM eirlber Committee Member COUNCIL MOTION: "I move approval of the Proposed Amendment to the SCORE Jail Services and authorize the Mayor to sign said amendment ". (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 — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM .DATE: November 14, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Agreement— SCORE Jail —Amendment #1 Financial Impacts: The SCORE Jail is one of the jail services providers the Federal Way Police Department (FWPD) utilizes to house people taken into custody. The rate increase will add approximately 3% to our current minimum yearly bed cost to $822,000. The projected annual cost to utilize the SCORE Jail (SCORE) will be approximately $1,944,000. (see below) Background Information: The SCORE Jail is one of the Federal Way Police Department's primary booking locations when housing arrested misdemeanor violators due to location and services available. The SCORE Jail provides medical and mental health services that other contracted jail service providers do not offer. For this reason alone, FWPD wishes to continue to utilize the SCORE Jail for the lodging of people arrested by FWPD. The current contract allows for SCORE to do annual reviews and adjustments of rates using the current Consumer Price Index (CPI). Per the contract and as part of this proposed amendment, SCORE is requesting a 3% increase for all bed rates and a $15 increase per booking fee. These changes increase the SCORE yearly minimum bed cost of approximately $822,000. This is in line with last year's adjustments. Since we started the contract during the�pandemic, jail costs were closer to the minimum totals. Beginning in 2023, the jails are allowing more bookings, the courts are beginning to sentence convicted defendants, and the department's emphasis on dealing with repeat offenders, increasing medical/mental health costs, and increased violent crime have also raised our jail usage. The projected annual cost to utilize the SCORE Jail for 2024 is.approximately $1,944,000. This projection was made from FWPD's most recent Average Daily Population (ADP) numbers, a 15-bed guarantee agreement, as well as the monetary increases requested by SCORE. Rev. 7/18 AMENDMENT TO ORIGINAL AGREEMENT FOR INMATE HOUSING #1 (Amending Exhibit A: Fees and Charges and Services. Amending Housing Agreement: Section 7.) THIS AMENDMENT TO INTERLOCAL AGREEMENT FOR INMATE HOUSING (this "Amendment"), dated , is made and entered into by and between the South Correctional Entity, a governmental administrative agency formed pursuant to RCW 39.34.030(3) ("SCORE") and Federal Way a [municipal corporation] organized under the laws of the State of Washington (hereinafter the "Contract Agency" together with SCORE, the "Parties" or individually a "Party"). RECITALS WHEREAS, the Parties previously entered into an InterlocaI Agree mentfor Inmate Housing dated 1-1-2023 , as amended and as may be further amended from time to time (the "Original Agreement") pursuant to which SCORE provides housing, care and custody of Contract Agency inmates housed at the SCORE consolidated correctional facility located in the City of Des Moines (the "SCORE Facility"); and WHEREAS, the Parties now desire to amend Exhibit A to the Original Agreement (as amended by this Amendment, the "Agreement") with regard to fees and charges for such services as provided herein; Section 1. Definitions. Terms not otherwise defined herein (including in the recitals, which are incorporated herein by this reference) shall have the meanings set forth in the Original Agreement. Section 2. Amendment. (1) Amendment to Exhibit A. Daily Housing Rates, Daily Rate Surcharges, Booking Fee, and Transport Fee in Exhibit A to the Original Agreement are hereby replaced in their entirety as follows: Daily Housing Rates General Population —Guaranteed Beds $142.58 General Population — Non -Guaranteed Beds $204.97 Daily Rate Surcharges: Mental Health —Residential Beds $163.77 Medical —Acute Beds $223.51 Mental Health —Acute Beds $286.34 Book $65.00 Transport/Security Fee $85.00/hr. No. of Beds: 15 Daily Rate Surcharges are in addition to the daily bed rates and subject to bed availability. The Booking Fee will be charged to the jurisdiction responsible for housing the inmate. Fees, charges, and services will be annually adjusted each January V. South Correctional Entity (SCORE) Amendment for Housing and 2024 Rate Agreement Page 1 of 2 (2) Amendment to the Housing Agreement. Section 7 — Healthcare. following language has been removed from the original housing agreement: a) Paragraph 2 "Contract Agency Inmates shall be responsible for co -payment for health services according to SCORE policy. The Contract Agency shall not be responsible to SCORE for Contract Agency Inmate co -payments. No Contract Agency Inmate shall be denied necessary health care because of an inability to pay for health services." b) Paragraph 4 "Except to the extent that a Contract Agency Inmate can pay pursuant to Section 5.13,". Section 3. Effective Date of Amendment. The amendments to rates and charges set forth in Section 2 hereof shall become effective on January 1, 2024 at 12:01 a.m. Section 4. Entire Agreement. Except as hereby amended by this Amendment, the remaining terms and conditions of the Original Agreement are hereby ratified and confirmed in all respects. Section S. Severability. The invalidity or unenforceability of any provision hereof as to any one or more jurisdictions shall not affect the validity or enforceability of the balance of the Agreement as to such jurisdiction or jurisdictions, or affect in any way such validity or enforceability as to any other jurisdiction. Section 6. Headings. The captions in this Amendment are for convenience of reference only and shall not define or limit the provisions hereof. Section 7. Execution. This Agreement shall be executed the Parties hereto by their duly authorized representative. This Amendment may be executed in one or more counterparts. SOUTH CORRECTIONAL ENTITY CITY OF FEDERAL WAY Signature Signature Title/Nam , iv Dir v hr m Title/Name:_Mayar Jim Ferree NOTICE ADDRESS: NOTICE ADDRESS: SOUTH CORRECTIONAL ENTITY 20817 17th Avenue South Des Moines, WA 98198 Attention: Devon Schrum Email: dschrum@scorejail.org Telephone: 206-257-6262 FEDERAL WAY POLICE DEPARTMENT 33325 8th Avenue S, Suite 101 Federal Way, WA 98003 Attention: Thaddeus Hodge, Commander Email: Thaddeus.Hodge@cityoffederalway.com Telephone: 253-835-6764 South Correctional Entity (SCORE) Amendment for Housing and 2024 Rate Agreement Page 2 of 2 COUNCIL MEETING DATE: November 21, 2023 ,TEM., 7a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUBLIC HEARING REGARDING PROPOSED AMENDMENTS TO THE' WAVES CONCOMITANT DEVELOPMENT AGREEMENT. POLICY QUESTION: N/A COMMITTEE: Land Use & Transportation MEETING DATE: Nov. 6, 2023 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven DEPT: CD Background: The public hearing is being held regarding the proposed amendments to the Wild Waves concomitant development agreement (FWRC 19.85.150). The property owners have requested three amendments to the Agreement: 1) Extend the term of the agreement from current (approx. 15 years remaining) to 30 years; 2) Expand the allowed hotel use on the property from five acres to the entirety of the site; and, 3) Expand the limited accessory warehouse/distribution use to allow warehousing/distribution as a primary use on the entirety of the site. MAYOR'S RECOMMENDATION: N/A w MAYOR APPROVAL: N/A Committee InitiaUDate COMMITTEE RECOMMENDATION: N/A R ! t DIRECTOR APPROVAL: 15 Nov 23 Ubunc7f Initial/Date InitiaUDate Jack Davey, 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 # COUNCIL MEETING DATE: November 21, 2023 ITEM #: of CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FIRST AMENDMENT TO THE 2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN POLICY QUESTION: Should City Council approve the First Amendment to the 2023 Community Development Block Grant (CDBG) Annual Action Plan? COMMITTEE: PRHSPS MEETING DATE: November 14, 2023 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kim Bachrach DEPT: Community Development Attachments: 1. Staff Report 2. First Amendment to the 2023 CDBG Annual Action Plan Options Considered: 1 1. Approve the proposed First Amendment to the 2023 CDBG Annual Action Plan. 2. Do not approve proposed First Amendment to the 2023 CDBG Annual Action Plan and provide direction to staff. MAYOR'S RECOMMEND*TION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: Co�isiucc / - Council Initial/Date lnilial Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed First Amendment to the 2023 CDBG Annual Action Plan to the November 21, 2023, agenda for public hearing o ttee Ch it Committer , ember Committee Member PRdP SED COUNCIL MOTION: "I move approval of the proposed First Amendment to the 2023 Community DeVlopment. Block Grant (CDBG) Annual Action Plan and authorize the Mayor to execute all necessary documents to implement the Plan and the corresponding funding agreements with the U.S. Department of Housing and Urban Development and subrecipients. " (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: November 14, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor .r / FROM: Keith Niven, Community Development Director Sarah Bridgeford, Community Services Manage Kim Bachrach, Human Services Coordinator V SUBJECT: First Amendment to the 2023 Community Development Block Grant (CDBG) Annual Action Plan Financial Impacts: The City of Federal Way has received $778,309 for program year 2023 in Community Development Block Grant (CDBG) funds, and has additional fiends remaining from prior program years. These funds are a grant from the U.S. Department of Housing and Urban Development (HUD) and are included in the approved budget. The grant will fully reimburse the costs incurred by the City in carrying out the projects. Background Information: The City of Federal Way's Annual Action Plan details the funding strategies for the Community Development Block Grant (CDBG) program each year. The Annual Action Plans implement the Five -Year Consolidated Plan. The City is requesting to amend the 2023 CDBG Annual Action Plan. The amendments include: ■ Habitat for Humanity Seattle -King & Kittitas Counties (Habitat), Minor Home Repair Program (MHRP), $100,000: Identify Habitat as the subrecipient to implement the MHRP. MHRP was previously included in the approved 2023 plan as a City operated program. Habitat applied to become the program operator for the City via a competitive process and was recommended by the Human Services Commission following the Commission's evaluation process. • Habitat for Humanity Seattle -King & Kittitas Counties (Habitat), Home Repair Program (HRP), $150,000: Identify Habitat as the subrecipient to implement the HRP and add it to the 2023 Annual Action Plan. HRP was included in prior year plans as a City operated program and has remaining funds available. Habitat applied to become the program operator for the City via a competitive process and was recommended by the Human Services Commission following the Commission's evaluation process. Rev. 7/18 Multi -Service Center, Villa Capri, add $73,039 to the project utilizing contingency language in the approved, original plan: Allocate additional finding to the Villa Capri rehabilitation project as previously identified as a potential option with contingency. language included in the approved plan. Rev. 7/18 First Amendment to the 2023 Annual Action Plan Executive Summary AP-05 Executive Summary - 91.200(c), 91.220(b) Al. Introduction This substantial amendment of the 2023 Annual Action Plan is a requirement of the U.S. Department of Housing and Urban Development (HUD) in order to: • Following Council approval to procure subrecipient(s) for the City's Housing Repair Program and Minor Home Repair Programs, the amendment Identifies Habitat for Humanity as the third - party subrecipient for: o The City's Housing Repair Program; this will reallocate funds remaining from prior years of the City -run Housing Repair Program, and o The 2023 Minor Home Repair Program. ■ Allocate capital resources to assist in meeting actual costs, which has no impact on other approved projects: o Multi -Service Center: Document the use of the contingency included and approved in the original Annual Action Plan. A4. Summary of Citizen Participation Process and consultation process For the First Amendment, the City will use the following public participation process: ■ Notice of Funds Available for CDBG Housing Repair Program and Minor Home Repair Program funds was published on July 21, 2023. • The Human Services Commission made funding recommendations for the Housing Repair Program and Minor Home Repair Program to include in the First Amendment to the 2019 Annual Action Plan at its September 18, 2023, meeting. • A Notice of Public Hearings was published on October 6, 2023, in the Federal Way Mirror. + Public comments will be accepted from October 6, 2023, until November 21, 2023. • Public hearings will be held on October 16, 2023, before the Human Services Commission and on November 21, 2023, before the Federal Way City Council to receive input on the First Amendment to the 2023 Annual Action Plan. AS. Summary of Public Comments A summary of public comments will be documented when and as received. Annual Action Plan 2023 1 OMB Control No: 2506-0117 (exp. 09/30/2021) A6. Summary of comments or views not accepted and the reasons for not accepting them A summary of comments or views not accepted will be added should any comments or views not be accepted. A7. Summary A summary will be added as comments are received. Annual Action Plan 2023 2 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-15 Expected Resources - 91.420(b), 91.220(c) (1, 2) Program Source of Funds Uses of Funds Expected Amount Available Year 5 Expected Amount Narrative Description Annual Program Prior Year Total: Allocation: $ Income: $ Resources: $ $ Available Remainder of Add $293,093 _ Add $293,093 Con. Plan $ CDBG Public Economic $778,309 $778,309 CDBG funds Development, for total of for total of leverage - Public Services, $514,351 $1,292,660 additional Planning and federal and Federal Administration state funds. Agencies are able to combine funding sources in order to provide a wider range of services to the community. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-35 Projects - 91.420, 91.220(d) Project Information # Project Name 4 -Multi-Service Center Villa Capri 5 Habitat for Humanity Minor Housing Repair Program 11 Habitat for Humanity Housing Repair Program Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information 4 Project Name Multi -Service Center Villa Capri Target Area Goals Supported Preserve Affordable Housing Needs Addressed Affordable housing Funding CDBG: Add $71,727 for a total of $400,000 *Contingency: reduces contingency funds to $75,000, should additional 2021 prior year resources become available Description Site improvements to parking lots, stairwells, balconies, and patios. 10/31/2024, extended from 12/31/2023 Target Date Estimate the number and 86-units of existing affordable housing will be improved and type of families that will preserved. benefit from the proposed activities Location Description This activity will take place at 28621 25th Place S, Federal Way, WA 98003 in North Federal Way. Planned Activities Resurface parking lots, improve balconies and patios, replace carpeting in common areas, replace stair treads, replace sliding doors, exterior painting. 5 Project Name Habitat for Humanity Minor Housing Repair Program Target Area Goals Supported Preserve Affordable Housing Needs Addressed Affordable housing Funding CDBG: $100,000 Description Provide minor home repairs up to $5,000 to low- and moderate - income homeowners Target Date 12/31/2024, extended from 12/31/2023 Estimate the number and 20 households will benefit from this activity. type. of families that will benefit from the proposed activities Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description Recipients must be homeowners in the City of Federal Way. Specific locations will be determined. Planned Activities Housing repair for extremely low-, low-, and moderate -income homeowners. Work is primarily focused on interior health and safety issues, ADA and accessibility improvements. Habitat for Humanity Housing Repair 11 project Name Target Area Goals Supported Preserve Affordable Housing Needs Addressed Affordable Housing Funding CDBG: $150,000 Description Housing repair program helping extremely low-, low-, and moderate -income homeowners repair their homes to a safe condition. (Replaces remaining 2022 and 2019 City Housing Repair Program funds.) 12/31/2023 Target Date Estimate the number and 10 extremely low-, low- and moderate -income households will type of families that will benefit. benefit from the proposed activities Location Description Recipients will be homeowners in the City of Federal Way. Specific locations will be determined. Planned Activities Housing repair for extremely low-, low-, and moderate -income homeowners. Work is primarily focused on exterior health and safety issues, roofs, and ADA accessibility improvements. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Executive Summary AP-05 Executive Summary - 91.200(c), 91.220(b) Introduction The City of Federal Way presents this Annual Action Plan for the 2023 Program Year Community Development Block Grant (CDBG) program funds. The City developed these funding decisions based upon Mayoral and City Council priorities as adopted in the 2020-2024 Consolidated Plan, Human Services Commission recommendations, Community Services Division staff analysis, public hearing comments, program performance information, and consultation with various service agencies and other stakeholders. The City of Federal Way has committed to develop strategies for improving broadband access locally and sought grant funding and committed general funds to conduct robust planning beginning in 2022. This plan will inform the CDBG program and how to best address broadband access within its purview. Additionally, the City has committed to engage in analyzing and planning for community resilience with focus on climate resiliency and will be incorporating subsequent goals and strategies into its Comprehensive Plan. 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The Consolidated Plan establishes local priorities consistent with national objectives and the US Department of Housing and Urban Development Community Development Block Grant (CDBG) program. The identified goals in this Consolidated Plan are: • Expand economic opportunities - increase local opportunities and create jobs. • Preserve affordable housing - ensure access to healthy, safe, affordable housing for low- and moderate -income households throughout the City and advance fair housing to address discrimination. • Prevent and address homelessness - make homelessness rare, brief, and one-time and eliminate racial disparities. • Establish and maintain suitable living environments - create a healthy, integrated, and vibrant community by improving the well-being and mobility of low- and moderate -income residents through an array of services addressing basic needs and progress toward self-sufficiency. In addition, the 2023 Annual Action Plan provides for planning and the administration of the Community Development Block Grant program in order to meet community needs and HUD requirements. Annual Action Plan 7 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Strategies in the Consolidated Plan will be implemented with CDBG funds provided by HUD. $778,309 in grant funds will be available in 2023. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. The COVID-19 pandemic has impacted the City and its citizens in numerous ways. CDBG funds have provided meaningful access to services allowing the City to meet the needs of additional low- and moderate -income households. CARES Act and ARPA funds are essential in meeting new and changing needs in the community while the annual CDBG funds have provided continued access to services. One of the most important ways has been through housing stability programs. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. The City had an established public participation process, as outlined below: • Notice of Funds Available for PY2023/PY2024 CDBG Public Services funds was published in the Federal Way Mirror on March 11, 2022. • Notice of Funds Available for PY2023 CDBG Community Economic Revitalization Funding (CERF) was published in the Federal Way Mirror on July 15, 2022. e Request for public comments and input was emailed to stakeholders and service agencies on October 14, 2022 seeking input through November 15, 2022. e A Notice of Public Hearing was published in the Federal Way Mirror on October 14, 2022, notifying the public of public hearings to be held on October 17, 2022 and November 15, 2022, and to announce the comment period on the 2023 Annual Action Plan. ■ An opportunity for public comment was provided on October 17, 2022, before the Human Services Commission, to receive input on the 2023 Annual Action Plan. • A public hearing was held on November 15, 2022, before the Federal Way City Council, to receive input on the 2023 Annual Action Plan. 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. Human Services Commission Chair Ricks-Maccotan provided comment in support of the plan and the work through Request for Proposals processes for public services, and Community Economic Revitalization Funding (CERF) that encompasses capital and economic development programs. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 6. Summary of comments or views not accepted and the reasons for not accepting them N/A; all comments accepted. 7. Summary community members who commented on the plan and engaged in its development supported the plan as presented. Annual Action Plan 2023 0 OMB Control No: 2506-0117 (exp. 09/30/2021) PR-05 Lead & Responsible Agencies - 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Role CDBG Administrator Narrative Name FEDERAL WAY Table 1— Responsible Agencies Community Services Division The City of Federal Way, Community Services Division, is the lead agency for the CDBG Program. Sarah Bridgeford, Community Services Manager, is the program administrator. Kim Bachrach, Human Services Coordinator, is the primary staff responsible for the day-to-day implementation of the program. Additionally, numerous non-profit agencies are responsible for administering programs funded by CDBG. These agencies and others were consulted during the development of the Annual Action Plan and are listed in the Consultation section of this document. Consolidated Plan Public Contact Information Sarah Bridgeford Community Services Manager 33325 8th Ave. S. Federal Way, WA 98003-6325 Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 10 (253) 835-2650 (telephone) (253) 835-2609 (facsimile) Sarah.Bridgeford@cityoffederalway.com Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 11 AP-10 Consultation - 91.100, 91.200(b), 91.215(I) 1. Introduction Consultation and citizen participation are important elements of the plan and its implementation. The City follows the adopted Citizen Participation Plan (CPP) for the City of Federal Way Consolidated Plan to guide the process, provide opportunities for citizen involvement throughout the development of the Consolidated Plan, and provide input for the implementation and program evaluation phases in future years via Annual Action Plans. During the process of developing the 2023 Annual Action Plan, organizations (both public and private) were consulted and local groups participated in providing input on needs and proposed strategies. The City of Federal Way is an active partner and participant in local and regional community development and human services efforts. The City engages in ongoing coordination between other cities in South King County that have common interests and needs for community development, as well as public policy organizations, housing providers, health providers, service agencies, and faith -based organizations that are extensively involved in providing support to low- and moderate -income persons and households. The City works with other members of the King County Consortium (Consortium) to conduct and participate in ongoing meetings with stakeholders, public housing authorities (PHAs), including the King County Housing Authority, and for the Continuum of Care, nonprofit housing and service providers, members of the Housing Development Consortium of Seattle -King County, Public Health Department of Seattle and King County, Puget Sound Regional Council, South King County Human Services Planners, and the Washington State Department of Commerce. This coordination takes place regularly and informs recommendations for decision making bodies such as the City's Human Services Commission. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)). The City of Federal Way participates in local and regional approaches and engages in ongoing coordination between other jurisdictions, housing and homeless services providers, health providers, and service agencies. The collaboration includes monthly human services planners' meetings and participation in numerous formal and informal regional collaborations such as the Joint Recommendations Committee (JRC), South King Housing and Homelessness Partners (SKHHP), the Affordable Housing Committee (AHC), and AHC's Housing Interjurisdictional Team (HUT). The City is also a member of the South King County Human Services Funder Collaborative, which provides a more streamlined application and grant management process for human service agencies and increases collaboration and alignment, when appropriate, between cities. This coordination is ongoing throughout the year and, along with other community engagement and public meetings, informs the development Annual Action Plan 2023 12 OMB Control No: 2506-0117 (exp. 09/30/2021) of the Consolidated Plan, Annual Action Plans, and the decision -making of groups such as the Human Services Commission. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. Coordinating with King County's Continuum of Care (CoQ is critical to our region's implementation. The City will look for ways of participating in and collaborating with the newly established King County Regional Homelessness Authority and its Advisory Committee, which now serves as the Continuum of Care. The City of Federal Way recognizes the need for the continuum of housing including prevention, emergency shelter, transitional housing, and permanent housing. The City provides financial support for these efforts with both City general funds and CDBG funds and also commits staff time to the ongoing development and implementation of the system to address the needs of persons experiencing homelessness. Efforts by the City and our many human services partners are targeted to help persons experiencing homelessness meet three goals: e achieve residential stability; • increase skill levels and/or incomes; and • strengthen their ability to influence decisions that affect their lives. The City participates in and supports numerous coalitions and committees, such as the South King County Forum on Homelessness and the Homelessness Action Committee, focusing on developing resources in South King County. The City also participates in the annual Count Us In, Point in Time Count, which provides invaluable data for planning. The City provides both CDBG and local funds to agencies that serve chronically homeless individuals and families with children, veterans, and unaccompanied youth. In addition, Federal Way is fortunate to have numerous faith -based organizations that provide regular services and support to people experiencing homelessness in our community. While COVID-19 is impacting these services, the partnership is essential and likely to return when it is safe to reopen. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS McKinney-Vento funding for the Emergency Solutions Grant (ESG) is administered by King County and allocated through a competitive process. The City of Federal Way regularly collaborated with King Annual Action Plan 2023 13 OMB Control No: 2506-0117 (exp. 09/30/2021) County and maintains a close working relationship with other communities, especially those in South King County, to provide input. Staff have a voting position on the Joint Recommendation Committee (JRC) on a rotating basis. The JRC approves funding and plans for the ESG program. 2. Agencies, groups, organizations and others who participated in the process and consultations Annual Action Plan 2023 14 OMB Control No: 2506-0117 (exp. 09/30/2021) Table 2 — Aeencies, erouns, oreanizations who 1 1 Agency/Group/Organization I City of Auburn Agency/Group/Organization Type What section of the Plan was addressed by Consultation? Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? 2 1 Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? OMB Control No: 2506-0117 (exp. 09/30/2021) Other government - Local Housing Need Assessment Homelessness Strategy Non -Homeless Special Needs Anti -poverty Strategy Lead -based Paint Strategy Staff consults with City of Auburn staff regularly through ongoing collaborative efforts in addition to discussions and coordination specific to the 2020-2024 Consolidated Plan and subsequent Annual Action Plans. CATHOLIC COMMUNITY SERVICES OF WESTERN WASHINGTON, WA Housing Services - Housing Services -Children Services -Elderly Persons Services -Persons with Disabilities Services -homeless Regional organization Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Strategy Non -Homeless Special Needs Annual Action Plan 2023 15 Briefly describe how the Agency/Group/Organization Agency is consulted throughout the year for general collaboration and emerging was consulted. What are the anticipated outcomes of issues as well as regular updates on programs and service delivery the consultation or areas for improved coordination? improvement. Agency was as also contacted via email to respond to the draft Annual Action Plan. 3 I Agency/Group/Organization CHI Franciscan Agency/Group/Organization Type I Services -Health Health Agency Regional organization What section of the Plan was addressed by Housing Need Assessment Consultation? Non -Homeless Special Needs Anti -poverty Strategy Briefly describe how the Agency/Group/Organization Agency leads a place -based collaboration, which includes focus on the former was consulted. What are the anticipated outcomes of Neighborhood Revitalization Strategy Area and implementing the the consultation or areas for improved coordination? corresponding strategies in that area. Similarly, they are focusing on other local place -based strategies and we collaborate as such to ensure funding leverage, community engagement, and broader participation in implementation. Agency representatives are in close communication regarding the Consolidated Plan, 4 I Agency/Group/Organization Z gency/Group/Organization Type Ijhat section of the Plan was addressed by Annual Action Plans, and the included strategies. Agency was as also contacted via email to respond to the draft Annual Action Plan. FUSION Services -homeless Homeless Needs - Families with children Consultation? Homelessness Strategy Briefly describe how the Agency/Group/Organization Agency was in close contact regarding homeless strategies specific to families was consulted. What are the anticipated outcomes of experiencing homelessness. Agency was as also contacted via email to respond the consultation or areas for improved coordination? to the draft Annual Action Plan. Annual Action Plan 16 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 5 Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? 6 Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? OMB Control No: 2506-0117 (exp. 09/30/2021) HIGHLINE COMMUNITY COLLEGE Services -Education Services -Employment Regional organization Market Analysis Economic Development Anti -poverty Strategy Agency provides regular input on regional and local needs and strategies. Agency has a representative on the Broadband Task Force. Agency was as also contacted via email to respond to the draft Annual Action Plan. KING COUNTY Other government - County Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Non -Homeless Special Needs Market Analysis Anti -poverty Strategy Participated in developing local strategies to align and coordinate with county- wide strategies. Additionally, the County has a representative on the broadband task force. Annual Action Plan 2023 17 IN Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? 8 1 Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? OMB Control No: 2506-0117 (exp. 09/30/2021) King County Housing Authority (KCHA) Housing PHA Regional organization Housing Need Assessment Public Housing Needs Agency was contacted for input regarding housing needs in the City and region. Agency was as also contacted via email to respond to the draft Annual Action Plan. MULTI -SERVICE CENTER Housing Services - Housing Services -Children Services -Elderly Persons Services -homeless Services -Education Services -Employment Service -Fair Housing Regional organization Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Strategy Non -Homeless Special Needs Anti -poverty Strategy Annual Action Plan 2023 18 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? 9 I Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? Agency is consulted throughout the year for general collaboration and emerging issues as well as regular updates on programs and service delivery improvement. Agency was also contacted via email to respond to the draft Consolidated Plan and Annual Action Plans. Housing Development Consortium Regional organization Planning organization Housing Need Assessment Homelessness Strategy Market Analysis Briefly describe how the Agency/Group/Organization I Agency was contacted via regular collaborative efforts and regarding specific was consulted. What are the anticipated outcomes of housing and homelessness strategies. the consultation or areas for improved coordination? 1 10 1 Agency/Group/Organization Agency/Group/Organization Type Public Health of Seattle -King County Services -Persons with HIV/AIDS Services -homeless Services -Health Health Agency Other government - County Regional organization What section of the Plan was addressed by Homelessness Strategy Consultation? Non -Homeless Special Needs Briefly describe how the Agency/Group/Organization Agency is consulted throughout the year for general collaboration and emerging was consulted. What are the anticipated outcomes of issues as well as regular updates on programs and service delivery the consultation or areas for improved coordination? improvement. Agency was also contacted via email to respond to the draft Annual Action Plan. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 19 11 Agency/Group/Organization j South King County Housing and Homelessness Partners Agency/Group/Organization Type Housing Regional organization Planning organization What section of the Plan was addressed by i Housing Need Assessment Consultation? Homelessness Strategy Briefly describe how the Agency/Group/Organization Agency was consulted via regular collaborative processes. The City is a member was consulted. What are the anticipated outcomes of of South King Housing and Homelessness Partners (SKHHP) and is in close the consultation or areas for improved coordination? contact regarding regional planning efforts pertaining to affordable housing and homelessness. 12 1 Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? OMB Control No: 2506-0117 (exp. 09/30/2021) King County Regional Homelessness Authority Housing Services - Housing Services -Children Services -Elderly Persons Services -homeless Services -Education Services -Employment Service -Fair Housing Regional organization Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Anti -poverty Strategy Annual Action Plan 2023 20 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? 14 I Agency/Group/Organization Agency/Group/Organization Type Agency is consulted on a bi-weekly basis with a focus on sub -regional planning to significantly decrease the incidence of homelessness throughout South King County. City of Federal Way Agency - Emergency Management What section of the Plan was addressed by j Community Resilience Consultation? I{ Briefly describe how the Agency/Group/Organization The local emergency management department will access data and plan for was consulted. What are the anticipated outcomes of resilience as part of the City's periodic Comprehensive Pla.n Update. The update the consultation or areas for improved coordination? will include the addition of a new chapter on climate resiliency. The chapter is anticipated to be adopted by City Council no later than quarter 4 of 2024. Identify any Agency Types not consulted and provide rationale for not consulting It is the City's intent to consult with all Agency types. Should this not be achieved or change during the public comment period, that information will be added. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care King County Regional This plan informs priorities and strategies relating to the City's Consolidated Plan goal Homelessness Authority to address homelessness and the implementation of that goal in annual action plans. Table 3 - Other local / regional / federal planning efforts Narrative Annual Action Plan 21 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) In the development of the plan, many competing needs and goals were identified. Based on the City's competitive processes, the most responsive projects were selected to make progress towards the adopted CDBG goals. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 22 AP-12 Participation - 91.401, 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal -setting The City of Federal Way solicited input on needs, goals, and strategies for the 2023 Annual Action Plan. Public input has been encouraged throughout the planning and development process as well as targeted stakeholder engagement. The City engaged with partners locally and throughout the region including nonprofits; local, county, and state government; and citizens to gather input on the City's goals and strategies for its CDBG program. The City regularly engages service providers and citizens in discussions regarding community development and human services needs. The City seeks input by meeting with individuals and organizations on an ongoing basis. Organizations that receive funding are monitored throughout the year and discuss trends and emerging needs with City staff. City staff meets regularly with human service providers, other regional cities, and funders to discuss services for individuals and families experiencing homelessness to seek solutions to both local and regional community development problems. These forms of engagement provide invaluable information. Citizen participation informs the City's goals and strategies and, in the process for the 2023 Annual Action Plan, confirmed the adopted goals and strategies. COVID-19 is significant and was a frequent discussion topic in relation to CDBG. However, two of the primary areas of concern are housing and economic stability, both of which are addressed in the adopted goals, objectives, and strategies. As the City will be reallocating a portion of the funding in this plan and with CDBG-CV funds allocated via the CARES Act, additional outreach will be added and updates incorporated accordingly. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 23 Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (if applicable) Means of advertising public participation Non- opportunities and 1 Newspaper Ad targeted/broad grant funding. Four n/a n/a community opportunities were published in the program year. Non -English Speaking - Specify other language: Korean and Responses were not Spanish about planning 2 Internet Outreach draft processes or the dran/a. n/a. Persons with AAP. Responses disabilities pertained to requesting services. Non- targeted/broad community Table 4 — Citizen Participation Outreach Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 24 Expected Resources AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2) Introduction The City of Federal Way anticipates having the following funding sources available during the 2023 Program Year: v CDBG 0 City General Fund (targeted to human services/public services) Pre -award costs incurred prior to the agreement with the U.S. Department of Housing and Urban Development are allowable in accordable with 2 CFR 200.458 and 24 CFR 570.200. Pre -award costs incurred by projects included in the 2023 Annual Action Plan will not impact future projects or future years' funding. The incurred costs are necessary to the implementation of the activities and for continuity of services to the Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 25 community. Anticipated Resources Program Source. Uses of Funds Expected Amount Available Year 1 Expected Narrative Description Annual Program Prior Year Total: of Funds Amount Allocation: Income: Resources: $ Available $ $ $ Remainder of ConPlan CDBG public - Acquisition CDBG funds leverage additional federal federal Admin and and state funds. Agencies are able to Planning combine funding sources in order to Economic provide a wider range of services to the Development community. Housing Public Improvements Public Services 778,309 0 221,312 999,621 778,309 General public - Public Services The City provides general fund grants Fund local annually to agencies and organizations that deliver services in support of low- and moderate- income persons and households, those with special needs, and the homeless. These funds are used in cooperation with CDBG public services 711,000 0 0 711,000 711,000 dollars. Table 5 - Expected Resources — Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 26 CDBG funds do not require a match. CDBG funding for public services and public facility projects is only a portion of the total funding required. The City encourages applicants to secure other funding for projects in order to leverage resources to the extent possible. If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City of Federal Way owns the property upon which the Performing Arts and Event Center (PAEC) was built. The PAEC will continue to recover and possibly generate jobs directly; jobs at the PAEC were impacted due to COVID-19 and measures implemented to address the pandemic. The PAEC acts as a catalyst for redevelopment of the City Center area in Federal Way, resulting in additional jobs. The hotel, a component of the development, has been delayed. This may change certain performance measures and will be updated accordingly. Discussion CDBG funds will be used to support eligible activities in accordance with CDBG regulations. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 27 Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Sort Goal Name Order 1 Expand Economic Opportunities 2 3 Preserve Affordable Housing Start End Category Year Year 2020 2024 Non -Housing Community Development 2020 2024 Affordable Housing Prevent and Address 2020 12024 Homelessness 4 Establish and Maintain Suitable Living Environment OMB Control No: 2506-0117 (exp. 09/30/2021) Homeless 2020 2024 Non -Housing Community Development Geographic Area North Federal Way Table 6 — Goals Summary Annual Action Plan 2023 Needs Addressed I Funding Economic Development and Job Growth Affordable Housing Homelessness Living Environment Goal Outcome Indicator CDBG: Businesses assisted: 50 $100,000 Businesses Assisted CDBG: Rental units rehabilitated: 86 $426,962 Household Housing Unit Homeowner Housing Rehabilitated: 15 Household Housing Unit CDBG: Public Facility or Infrastructure $256,000 Activities other than Low/Moderate Income, Housing Benefit: 4 Persons Assisted Homeless Person Overnight Shelter: 21 Persons Assisted Homelessness Prevention: 17 Persons Assisted CDBG: Public service activities other $60,000 than Low/Moderate Income Housing Benefit: 236 Persons Assisted 92 Goal Descriptions 1 'Goal Name I Expand Economic Opportunities Goal Description 2 1 Goal Name Preserve Affordable Housing Goal Description 3 Goal Name Prevent and Address Homelessness Goal Description 4 Goal Name Establish and Maintain Suitable Living Environment Goal Description Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 29 AP-35 Projects - 91.420, 91.220(d) Introduction Federal Way's Annual Action Plan provides descriptions of proposals of how funds will be prioritized to achieve goals identified in the Consolidated Plan. Projects funded by the City will address the priority needs of providing assistance to prevent homelessness, ensure affordable housing, expand economic opportunity, and provide a suitable living environment. Projects and programs are selected through a competitive application process to ensure optimal quality services are provided to the community in use of the funds. # Project Name 1 Program Administration 2 FUSION 2023 Transitional Housing Acquisition 3 Highline Business Development Programs (SBDC and StartZone) 4 Multi -Service Center Villa Capri 5 Minor Housing Repair Program 6 Apprenticeship & Non-traditional Employment for Women (ANEW) 7 Catholic Community Services Stability Through Advocacy and Resources 8 Federal Way Community Center Inclusion Program 9 Orion Employment Services 10 Solid Ground Housing Stability Project Table 7 — Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs In establishing the priorities for activities to meet the needs of the City, activities are being considered which are likely to be of high impact. The City looked to its own initiatives and goals to determine how to best build on efforts already underway which could impact the economic problems affecting low- and moderate -income persons. This has led the City to develop strategies with a focus on economic revitalization activities and job creation, safety net/self-sufficiency services, and protecting/enhancing housing owned or rented by low- and moderate -income households. In order to continue services helping populations who are at risk, the City allocated the maximum possible to services that have proven to be effective in the past. The City placed a significant amount of resources into economic development activities for job creation and allocated funding for microenterprise technical assistance; and, in order to begin working on affordable housing needs, identified funds to maintain owner -occupied housing. The City has chosen to place 100% of program funds toward activities which primarily benefit low- and moderate- income households and will assure that a minimum of 70% of program resources will benefit low- and moderate -income households. Additionally, the allocation process considered underfunded, Annual Action Plan 30 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) underrepresented, and underserved populations for inclusion. Annual Action Plan 2023 31 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information 1 Project Name Target Area Goals Supported Needs Addressed Program Administration Funding I CDBG: $156,660 Description CDBG Planning and Administration for PY2023. Target Date 12/31/2023 Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities 2 Project Name Target Area Goals Supported Needs Addressed Funding I Description This is planning and administration and does not directly benefit families. 33325 8th Avenue S, Federal Way, WA 98003 CDBG Planning and Administration FUSION 2023 Transitional Housing Acquisition Prevent and Address Homelessness Homelessness CDBG: $200,000 FUSION will purchase a 2-3-bedroom single family residence in Federal Way to provide transitional housing for families experiencing homelessness for up to 18 months. CDBG funds will support only the acquisition; FUSION will then use other funds to operate the property and provide housing paired with case management and support services. Target Date 3/31/2024 Estimate the number FUSION will purchase a 2-3-bedroom single family residence in Federal and type of families Way for families experiencing homelessness for up to 18 months. that will benefit from Housing is paired with case management and support services. the proposed activities Annual Action Plan 2023 32 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description The address will be determined upon the award of the grant and the Fselection of a housing unit. Planned Activities I Acquisition of the unit will be funded. Once acquired, FUSION is committed to providing case management family living in the acquired 2-3-bedroom home for stability planning and securing permanent housing. 3 Project Name Highline Business Development Programs (SBDC and StartZone) Target Area Goals Supported Expand Economic Opportunities Needs Addressed Economic Development and Job Growth Funding CDBG: $100,000 Description Technical Assistance to microenterprise business owners, entrepreneurs, and start-up businesses. Target Date 12/31/2023 Estimate the number 50 individuals will receive technical assistance. and type of families that will benefit from the proposed activities Location Description Activities will be provided at Highline College (2400 S. 240th Street, Des Moines, WA 98198). Planned Activities Activities will be provided at Highline College (2400 S. 240th Street, Des Moines, WA 98198). 4 Project Name Multi -Service Center Villa Capri Target Area North Federal Way Goals Supported Preserve Affordable Housing Needs Addressed Affordable Housing Funding CDBG: Add $73,039 to $326,961 for a total of $400,000. *Contingency reduced to $75,000 should additional 2021 prior year resources become available Description Site improvements to parking lots, stairwells, balconies, and patios. [Target Date 12/31/2023 Annual Action Plan 33 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Estimate the number 86-units of existing affordable housing will be improved and and type of families preserved. that will benefit from the proposed activities Location Description Planned Activities This activity will take place at 28621 25th Place S, Federal Way, WA 98003 in North Federal Way. Resurface parking lots, improve balconies and patios, replace carpeting in common areas, replace stair treads, replace sliding doors, exterior painting. 5 Project Name I Minor Housing Repair Program 6 Target Area Goals Supported Needs Addressed Funding Description Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Preserve Affordable Housing Affordable Housing CDBG: $100,000 Provide minor home repairs up to $5,000 to loin income homeowners 12/31/2023 9 households will benefit from this activity. Recipients must be homeowners in the City of Feuerdi VVdy. aNcI_iiiL locations will be determined. Planned Activities Housing repair for extremely low-, low-, and moderate -income homeowners. Work is primarily focused on interior health and safety issues, ADA and accessibility improvements. Project Name Apprenticeship & Non-traditional Employment for Women (ANEW) Target Area Goals Supported Establish and Maintain Suitable Living Environment Needs Addressed Living Environment Funding CDBG: $12,000 Description 8 individuals will receive job training and employment services/case management. Target Date 12/31/2023 Annual Action Plan 34 OX01W, OMB Control No: 2506-0117 (exp. 09/30/2021) Estimate the number 8 individuals will receive job training and employment services/case and type of families management. that will benefit from the proposed activities Location Description Activities will be provided at Apprenticeship & Non-traditional Employment for Women (ANEW) (550 SW 7th Street, Renton, WA 98057). Planned Activities Individuals participate in one of two tracks: 1) Trades Rotation Program, a 12-week pre -apprenticeship training program with job placement and retention services for women in manufacturing and construction trades; and 2) the Career Connection Program, wrap- around employment services focusing on job placement and retention. 7 Project Name Catholic Community Services Stability Through Advocacy and Resources Target Area Goals Supported Prevent and Address Homelessness Needs Addressed Homelessness Funding CDBG: $28,000 Description Case management and support services to individuals experiencing homelessness. Target Date 12/31/2023 Estimate the number 21 persons will benefit. and type of families that will benefit from the proposed activities Location Description 1688 S. 348th St, Federal Way, WA 98003 Planned Activities Case management and support services to individuals experiencing Project Name homelessness Federal Way Community Center Inclusion Program 8 Target Area Goals Supported Establish and Maintain Suitable Living Environment Needs Addressed Living Environment Funding CDBG: $30,000 Annual Action Plan 2023 35 OMB Control No: 2506-0117 (exp. 09/30/2021) i Description i The Inclusion Program provides social activities and classes for adults with developmental disabilities. Target Date 12/31/2023 Estimate the number 225 persons with disabilities will benefit. and type of families that will benefit from the proposed activities Location Description The majority of activities will be provided at the Federal Way Community Center (876 S. 333rd Street, Federal Way, WA 98003), Some activities will be provided off -site. Planned Activities Social activities, life skills training, trips, and others. Orion Employment Services 9 Project Name Target Area Goals Supported Establish and Maintain Suitable Living Environment Needs Addressed Living Environment Funding CDBG: $18,000 Description Employment Services for adults with disabilities. Target Date 12/31/2023 Estimate the number 3 individuals with disabilities will benefit from this activity. and type of families that will benefit from the proposed activities Location Description Job training will be provided at 1590 A Street NE, Auburn, WA 98002 Planned Activities Vocational counseling and skills training to obtain employment. Solid Ground Housing Stability Project 10 project Name Target Area Goals Supported Prevent and Address Homelessness Needs Addressed Homelessness Funding CDBG: $28,000 Description Rent or move -in assistance to low- or moderate -income households. Target Date 12/31/2023 Annual Action Plan 2023 36 OMB Control No: 2506-0117 (exp. 09/30/2021) Estimate the number 17 individuals will receive assistance. and type of families that will benefit from the proposed activities Location Description Activities will be provided at multiple locations. Planned Activities One-time rental assistance for households facing eviction or deposit and first month's rent for households exiting homelessness. Participants complete a plan for future housing stability. Annual Action Plan 2023 37 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and Minority concentration) where assistance will be directed The City of Federal Way will direct assistance throughout the community as needed. Geographic Distribution Target Area Percentage of Funds North Federal Way 36 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically Persons and households in need exist throughout the City and resources are to be allocated as needed. The project in North Federal Way was part of a competitive application process without prioritization for North Federal Way. It was awarded funding through that process. Discussion N/A Annual Action Plan 2023 38 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 39 AP-75 Barriers to affordable housing-91.420, 91.220(j) Introduction This section of the Annual Action Plan summarizes actions the City will undertake during the Program Year to reduce barriers to affordable. housing. The City is engaging in planning for the implementation of its Housing Action Plan (HAP) and updating the Housing Element of the City's Comprehensive Plan. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The development of the Housing Action Plan (HAP) will inform actions for planning. However, the City has taken steps to address affordable housing and follow-up actions will continue to occur. In 2019, the City adopted a tax authorized by the State of Washington allowing for a recapture of a portion of the existing sales tax. These funds support affordable housing. The City is a member jurisdiction of the South King Housing and Homelessness Partners (SKHHP). SKHHP has made progress in establishing a Housing Capital Fund allowing for the sales tax revenue to be pooled with other jurisdictions to increase leverage and better support the development and retention of affordable housing. The City anticipates providing updates on the HAP and the Housing Capital Fund as they are available. Additionally, the City deferred to King County on another revenue opportunity. King County has enacted a new tax for affordable housing and connected services. The King County proposed program will focus on providing affordable housing to the chronically homeless persons, a population that is difficult to serve and frequently needs the deepest level of subsidy to attain affordable housing. King County has acquired a site in the City of Federal Way. Discussion Public policies can have a direct impact on the development of affordable housing. As mentioned above, the City developed a Housing Action Plan (HAP) and may implement strategies that have the potential of creating barriers to all housing, but will also specifically identify barriers to affordable housing. Such proposed actions include zoning regulations, development fees, approval and permitting systems, manufactured and modular housing, and others. The HAP provides analysis of the current policies and recommendations and action steps the City may take. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 40 AP-85 Other Actions - 91.420, 91.220(k) Introduction The City of Federal Way has been and will remain involved in collaborative efforts that serve the needs of low- and moderate -income persons and households, the homeless, and those with special needs. The City participates on numerous committees, boards, and the like and works directly with agencies and organizations that provide services in order to enhance the level and quality of services in Federal Way and throughout South King County. The City has taken specific steps to better plan to address digital equity including broadband access and climate resiliency. The steps so far as the first to engage in strategic planning for both broadband and climate resiliency citywide, including CDBG related elements. Actions planned to address obstacles to meeting underserved needs The City is working with other communities in South King County to establish and enhance strong networks for community development and human services delivery. This includes working with service providers, stakeholders, the faith -based community, other government agencies, and those we serve directly to identify and overcome or mitigate barriers to meeting underserved needs. There are both on- going discussions among the parties to share information about current issues, as well as longer term planning to develop strategies, build public awareness, and enhance the support of elected officials for increased resources for the underserved. In November 2021, City Council approved adding a chapter on Community Resilience to the City's Comprehensive Plan as part of its major, periodic update. Following this approval, Community Services staff responsible for the city'.s CDBG program worked with other departments and divisions to collaboratively pursue assistance through HUD to gain access to data and community engagement and planning tools on climate resiliency. This work will begin in fall 2022. Additionally, the city approved a Broadband Task Force to create a strategic plan to address broadband access and digital equity. Grant funds were sought and acquired as well as a general fund commitment to conduct the planning process and the task force began in spring 2022 and will continue to plan for broadband access. Actions planned to foster and maintain affordable housing The City operates the Home Repair Program, which is funded by CDBG and serves low- and moderate - income homeowners in Federal Way. The program provides emergency and standard repair and renovation services that help families remain in their homes. The program is a means of retaining and enhancing affordable housing and serves to support aging in place, as well as strengthening the neighborhoods in which the homes are located. The program does not specifically target households with elderly individuals, but does serve primarily older adults and often incorporates renovations that assist individuals in staying in their home longer with additions such as ramps, bathroom upgrades Annual Action Plan 2023 41 OMB Control No: 2506-0117 (exp. 09/30/2021) including grab bars and accessible showers, and so on. While allowable and often part of larger projects, the City's Housing Repair Program is not well suited for smaller repairs that often allow older adults to remain in their homes. The City will look at the feasibility of developing a minor home repair program for older adults focusing on aging in place and retaining their homes. 2023 CDBG funds will begin a Minor Housing Repair Program as a pilot, serving older adults with smaller projects and will offer assistance as grants. Additionally, the City will begin feasibility on a low-income homebuyers assistance program to facilitate additional pathways to homeownership for low- and moderate -income residents. The City of Federal Way also joined the recently established South King County Housing and Homelessness Partnership (SKHHP) in collaboration with other cities in south King County and King County. SKHHP will focus on assisting the region in in meeting affordable housing and homeless needs. Actions planned to reduce lead -based paint hazards The City of Federal Way works to reduce lead -based paint hazards by complying with and requiring subrecipients to comply with the Lead -Based Paint requirements set forth in 24 CFR Part 35. This includes meeting the requirements for notification, identification, and stabilization of deteriorated paint; identification and control of lead -based paint hazards; and identification and abatement of lead - based paint hazards. The Protect Your Family from Lead in Your Home pamphlet developed by the EPA, HUD, and the U.S. Consumer Product Safety Commission is also distributed. Actions planned to reduce the number of poverty -level families Actions to reduce the number of poverty level families include funding small business and micro - enterprise training and technical assistance. Additionally, actions include maintaining and enhancing relationships with school -based mentoring programs that lead to increased graduation and college acceptance and outreach to increase opportunities for low-income residents to obtain livable wage jobs. Actions planned to develop institutional structure In 2023, the Community Services Division will: • Update the Division website to include pertinent information for community -based organizations for planning and program implementation purposes, and for individuals seeking resources for community development. • Continue to advocate for additional resources for a coordinated approach to community development and planning to address poverty issues, affordable housing, job creation, and community revitalization initiatives. Continue to participate in collaborative efforts with other funders, private sector groups, and Annual Action Plan 2023 42 OMB Control No: 2506-0117 (exp. 09/30/2021) agency coalitions such as the Continuum of Care. Actions planned to enhance coordination between public and private housing and social service agencies The City of Federal Way has regularly fostered relationships between these entities and will continue to develop and participate in these collaborations, including the South King Council of Human Services, South King County Housing Development Group, the King County Housing Development Consortium, and South King Housing and Homelessness Partnership (SKHHP). As part of the SKHHP work group, the City of Federal Way and other local cities work with agencies to develop the system and advocate for coordination between housing and social service agencies. Discussion The expressed goal of the CDBG Program is to reduce the number of people living in poverty. The City gives funding priority to programs that, in addition to complying with federal regulations, address a priority outlined in the Consolidated Plan, and are consistent with all of the goals and objectives identified. Annual Action Plan 2023 43 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(1)(1,2,4) Introduction As a member of the King County HOME Consortium, the City of Federal Way will engage in housing activities, collaborations, and partnerships to enhance opportunities for equitable development and the creation/preservation of affordable housing. The Consortium will plan for and support fair housing strategies and initiatives designed to affirmatively further fair housing choice and to increase access to housing and housing programs. We value working together collectively to continue the work to develop a cohesive and coordinated homeless system that is grounded in the principle of Housing First and fosters shared outcomes. We are not a one size fits all system and as such, we invest in projects that ensure that homeless households from all sub -populations: • are treated with dignity and respect; • are returned to permanent housing as quickly as possible; • receive strength -based services that emphasize recovery, as needed; • are supported to graduate from temporary homeless housing as rapidly as possible and from permanent supportive housing as soon as they are ready; • receive only what they need to return to housing quickly and to be as self-reliant as possible. To establish and maintain a suitable living environment and expand economic opportunities for low- and moderate -income people, our investments across the Consortium in low-income communities, and for the benefit of low-income people, help to ensure equitable opportunities for good health, happiness, safety, self-reliance, and connection to community. Specific strategies include: 1) improve the ability of health and human services agencies to serve our low -and moderate -income residents safely and effectively; 2) improve the living environment in low -and moderate -income neighborhoods and communities; and 3) expand economic opportunities for low- to moderate -income residents of the Consortium. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(I)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed Annual Action Plan 2023 44 OMB Control No: 2506-0117 (exp. 09/30/2021) 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float -funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Discussion N/A Annual Action, Plan 2023 45 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Action Plan 2023 46 OMB Control No: 2506-0117 (exp. 09/30/2021) COUNCIL MEETING DATE: November 21, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL 7c ITEM #: SUBJECT: PROGRAM YEAR 2024 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN POLICY QUESTION: Should City Council approve the Program Year 2024 Community Development Block Grant (CDBG) Annual Action Plan? COMMITTEE: PRHSPS MEETING DATE: November 14, 2021 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kim Bachrach DEPT: Community Development Attachments: 1. Staff Report 2. Program Year 2024 CDBG Annual Action Plan Options Considered: 1. Approve the proposed 2024 CDBG Annual Action Plan. 2. Do not approve proposed 2023 CDBG Annual Action Plan and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: 0 Ja DIRECTOR APPROVAL: pCT Z3 Comm tee Ahncit �InitiaUDate InitiaU6ate InitiaUDate COMMITTEE RECOMMENDATION: I move to forward the proposed 2024 CDBG Annual Action Plan to the November 21, 2023, agenda for public hearing. Col ttee 14mber U ► 4% Z.Da, �X L144,� - .. Committee Member PRd, P[ ED COUNCIL MOTION: "I move approval of the proposed Program Year 2024 CDBG Annual Action Pla as recommended by the Human Services Commission and authorize the Mayor to execute all documents and contracts to implement the Plan and corresponding funding agreements with the U.S. Department of Housing and Urban Development. " (BELOW TO BE COMPLETED BY CITY CLERKS 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: November 14, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor / -/3 a 3 FROM: Keith Niven, Community Development Director Sarah Bridgeford, Community Services Manager Kim Bachrach, Human Services Coordinator ,(I SUBJECT: Program Year 2024 Community Development Block Grant (CDBG) Annual Action Plan Financial Impacts: The Program Year 2024 Community Development Block Grant (CDBG) Annual Action Plan was included within the proposed budget under the Community Development Department. In accordance with the proposed budget, this item is funded by a grant from the U.S. Department of Housing and Urban Development (HUD) in the anticipated amount of $778,309. The grant will fully reimburse the costs incurred by the City to carry out the projects or to reimburse subrecipients for expenses. incurred in carrying out the projects. Background Information: The Annual Action Plan is the annual work and spending plan for the City of Federal Way's CDBG funds from HUD. An Action Plan is required for each year of the 2020-2024 Consolidated Plan. The PY 2024 Action Plan is for the fifth and final year of the Consolidated Plan. The Annual Action Plan includes three areas of funding: Planning and Administration, Public Services, and Community Economic Revitalization Funding (CERF). Public Services and Planning and Administration are subject to a cap determined by a percentage of the annual allocation, 15% and 20% respectively. CERF is not subject to a cap, but represents the remaining 65% of the annual grant plus program income and unspent prior year funds. Aside from Planning and Administration, grant funds are included at the recommendation of the Human Services Commission following multiple competitive Requests for Proposal processes. Rev. 7/18 Proiects as recommended in the nronosed 2024 Action Plan are: # Project Name Funding 1 Program Administration - $156,660 2 Habitat for Humanity Home Repair Program $145,649 3 Habitat for Humanity Minor Home Repair Program $100,000 4 Highline Colle e SBDC and StartZone $100,000 5 prenticeship & Non-traditional Employment for Women (ANEW) $ 12,000 6 Federal Way Community Center Inclusion Pro am $ 30,000 7 Orion Employment Services $ 18,000 8 Solid Ground Housing Stability Project $ 56,000 F97contingency $155 649 The Human Services Commission considered the Program Year 2024 Annual Action Plan at its regular meeting on October 16, 2023, and voted 7-0 to recommend the City Council approve the 2024 Annual Action Plan as presented. In the event the annual grant amount from the U.S. Department of Housing and Urban Development is either less or more than anticipated, staff is authorized to make appropriate pro rata adjustments to the categories of Public Services, Planning and Administration, and CERF, provided that amounts do not exceed the amount requested; additionally, staff may make technical amendments to incorporate final performance measures from 2023. Rev. 7/18 Executive Summary AP-05 Executive Summary - 91.200(c), 91.220(b) 1. Introduction The City of Federal Way presents this Annual Action Plan for the 2024 Program Year Community Development Block Grant (CDBG) program funds. The City developed the funding decisions in this Annual Action Plan based on Mayoral and City Council priorities as adopted in the 2020-2024 Consolidated Plan, Human Services Commission recommendations, Community Services Division staff analysis, public hearing comments, program performance information, and consultation with various service agencies and other stakeholders. The City of Federal Way has committed to developing strategies for improving broadband access locally and sought grant funding and committed general funds to conduct robust planning beginning in 2022 with Council adoption of the task fo.rce's recommendations in August 2023. This plan will inform the CDBG program and how to best address broadband access within its purview. Additionally, the City has committed to engage in analyzing and planning for community resilience with focus on climate resiliency and will be incorporating subsequent goals and strategies into its Comprehensive Plan. 2. Summarize the objectives and outcomes identified in the Plan The Consolidated Plan establishes local priorities consistent with national objectives and the US Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program. The identified goals in this Consolidated Plan are: • Expand economic opportunities - increase local opportunities and create jobs. ■ Preserve affordable housing - ensure access to healthy, safe, affordable housing for low- and moderate -income households throughout the City and advance fair housing to address discrimination. Y Prevent and address homelessness - make homelessness rare, brief, and one-time and eliminate racial disparities. • Establish and maintain suitable living environments - create a healthy, integrated, and vibrant community by improving the well-being and mobility of low- and moderate -income residents through an array of services addressing basic needs and progress toward self-sufficiency. In addition, the 2024 Annual Action Plan provides for planning and the administration of the Community Development Block Grant program in order to meet community needs and HUD requirements. Strategies in the Consolidated Plan will be implemented with CDBG funds provided by HUD. It is anticipated that $778,309 in grant funds will be available in 2024. Annual Action Plan 2024 1 OMB Control No: 2506-0117 (exp. 09/30/2021) 3. Evaluation of past performance Public service projects have successfully been implemented to provide a variety of employment and training services, housing stability and eviction prevention, and life skills and enrichment for persons with disabilities. Additionally, economic development services through microenterprise technical assistance have been successful. A transitional housing unit was added to serve families exiting homelessness. A large capital project to rehabilitate an affordable housing complex has experienced delays due to environmental review processes, but is anticipated to continue to progress. The City has experienced challenges in implementing the Housing Repair Program largely in part due to procuring contractors for a variety of reasons. The City is proposing within this Annual Action Plan, and through amendments to prior plans, the selection of Habitat for Humanity (Habitat) as a subrecipient to implement both housing repair and minor home repair programs. Habitat completes many projects in- house with their own staff and can provide more consistency of work as well as a well -established, broad network of contractors for projects that may exceed its internal capacity. This shift will create better access to home repair for low- to moderate -income homeowners so they may remain in their homes and retain higher quality housing. These steps will also help address delays in implementing CDBG projects. All of the above were considered as the City evaluated its goals and projects for inclusion within this Annual Action Plan. 4. Summary of Citizen Participation Process and consultation process The City's established public participation process includes multiple opportunities for the public to receive notice opportunities available in the CDBG program. V Notice of Funds Available for PY2023/PY2024 CDBG Public Services funds was published in the Federal Way Mirror on March 11, 2022. • Notice of Funds Available for PY2024 CDBG Community Economic Revitalization Funding (CERF) was published in the Federal Way Mirror on June 23, 2023. • A Notice of Public Hearing was published in the Federal Way Mirror on October 6, 2023, notifying the public of public hearings to be held on October 16, 2023, and November 21, 2023, and to announce the comment period on the 2024 Annual Action Plan. 0 An opportunity for public comment will be provided on October 16, 2023, before the Human Services Commission, to receive input on the 2024 Annual Action Plan. • A public hearing will be held on November 21, 2023, before the Federal Way City Council, to receive input on the 2024 Annual Action Plan. S. Summary of public comments Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) To be added when public comments are received. 6. Summary of comments or views not accepted and the reasons for not accepting them To be added when public comments are received. 7. Summary To be added when public comments are received. Annual Action Plan 2024 3 OMB Control No: 2506-0117 (exp. 09/30/2021) PR-05 Lead & Responsible Agencies - 91.200(b) Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Role Name CDBG Administrator , FEDERAL WAY I Community Services Division Table 1— Responsible Agencies Narrative The City of Federal Way, Community Services Division, is the lead agency for the CDBG Program. Sarah Bridgeford, Community Services Manager, is the program administrator. Kim Bachrach, Human Services Coordinator, is the primary staff person responsible for the day-to-day implementation of the program. Additionally, numerous non-profit agencies are responsible for administering programs funded by CDBG. These agencies and others were consulted during the development of the Annual Action Plan and are listed in the Consultation section of this document. Consolidated Plan Public Contact Information Sarah Bridgeford Community Services Manager 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2650 (telephone) (253) 835-2609 (facsimile) Sarah.Bridgeford@cityoffederalway.com Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 AP-10 Consultation - 91.100, 91.200(b), 91.215(I) 1. Introduction Consultation and citizen participation are important elements of the plan and its implementation. The City follows the adopted Citizen Participation Plan (CPP) for the City of Federal Way Consolidated Plan to guide the process, provide opportunities for citizen involvement throughout the development of the Consolidated Plan, and provide input for the implementation and program evaluation phases in future years via Annual Action Plans. During the process of developing the 2024 Annual Action Plan, organizations (both public and private) were consulted and local groups and residents participated in providing input on needs and proposed strategies. The City of Federal Way is an active partner and participant in local and regional community development and human services efforts. The City engages in ongoing coordination between other cities in South King County that have common interests and needs for community development, as well as public policy organizations, housing providers, health providers, service agencies, and faith -based organizations that are extensively involved in providing support to low- and moderate -income persons and households. The City works with other members of the King County Consortium (Consortium) to conduct and participate in ongoing meetings with stakeholders, public housing authorities (PHAs), including the King County Housing Authority, and for the Continuum of Care, nonprofit housing and service providers, members of the Housing Development Consortium of Seattle -King County, Public Health Department of Seattle and King County, Puget Sound Regional Council, South King County Human Services Planners, and the Washington State Department of Commerce. This coordination takes place regularly and informs recommendations for decision making bodies such as the City's Human Services Commission. Additionally, the City has begun strategic planning for both general fund and CDBG including a number of community and organization outreach efforts with in person events, surveys, interviews, and focus groups. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(I)). The City of Federal Way participates in local and regional approaches and engages in ongoing coordination between other jurisdictions, housing and homeless services providers, health providers, and service agencies. The collaboration includes monthly human services planners' meetings and participation in numerous formal and informal regional collaborations such as the Joint Recommendations Committee (JRC), South King Housing and Homelessness Partners (SKHHP), the Affordable Housing Committee (AHC), and AHC's Housing Interjurisdictional Team (HUT). The City is also a member of the South King County Human Services Funder Collaborative, which provides a more streamlined application and grant management process for human service agencies and increases collaboration and alignment, when appropriate, between cities. This coordination is ongoing throughout Annual Action Plan 2024 5 OMB Control No: 2506-0117 (exp. 09/30/2021) the year and, along with other community engagement and public meetings, informs the development of the Consolidated Plan, Annual Action Plans, and the decision -making of groups such as the Human Services Commission. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. Coordinating with King County's Continuum of Care (CoC) is critical to our region's implementation. The City will look for ways of participating in and collaborating with the newly established King County Regional Homelessness Authority and its Advisory Committee, which now serves as the Continuum of Care. The City of Federal Way recognizes the need for the continuum of housing including prevention, emergency shelter, transitional housing, and permanent housing. The City provides financial support for these efforts with both City general funds and CDBG funds and also commits staff time to the ongoing development and implementation of the system to address the needs of persons experiencing homelessness. Efforts by the City and our many human services partners are targeted to help persons experiencing homelessness meet three goals: • achieve residential stability; • increase skill levels and/or incomes; and • strengthen their ability to influence decisions that affect their lives. The City participates in and supports numerous coalitions and committees, such as the South King County Forum on Homelessness and the Homelessness Action Committee, focusing on developing resources in South King County. The City also participates in the annual Count Us In, Point in Time Count, which provides invaluable data for planning. The City provides both CDBG and local funds to agencies that serve chronically homeless individuals and families with children, veterans, and unaccompanied youth. In addition, Federal Way is fortunate to have numerous faith -based organizations that provide regular services and support to people experiencing homelessness in our community. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS McKinney-Vento funding for the Emergency Solutions Grant (ESG) is administered by King County and allocated through a competitive process. The City of Federal Way regularly collaborated with King Annual Action Plan 2024 11 OMB Control No: 2506-0117 (exp. 09/30/2021) County and maintains a close working relationship with other communities, especially those in South King County, to provide input. Staff have a voting position on the Joint Recommendation Committee (JRC) on,a rotating basis. The JRC approves funding and plans for the ESG program. Annual Action Plan 2024 7 OMB Control No: 2506-0117 (exp. 09/30/2021) 2. Agencies, groups, organizations and others who participated in the process and consultations Table 2 — 1 1 Agency/Group/Organization who Agency/Group/Organization Type What section of the Plan was addressed by Consultation? City of Auburn Other government - Local Housing Need Assessment Homelessness Strategy Non -Homeless Special Needs Anti -poverty Strategy Lead -based Paint Strategy Briefly describe how the Agency/Group/Organization Staff consults with City of Auburn staff regularly through ongoing collaborative was consulted. What are the anticipated outcomes of efforts in addition to discussions and coordination specific to the 2020-2024 the consultation or areas for improved coordination? Consolidated Plan and subsequent Annual Action Plans. 2 , Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? OMB Control No: 2506-0117 (exp. 09/30/2021) CATHOLIC COMMUNITY SERVICES OF WESTERN WASHINGTON, WA Housing Services - Housing Services -Children Services -Elderly Persons Services -Persons with Disabilities Services -homeless Regional organization Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Strategy Non -Homeless Special Needs Annual Action Plan 2024 E� Briefly describe how the Agency/Group/Organization Agency is consulted throughout the year for general collaboration and emerging was consulted. What are the anticipated outcomes of issues as well as regular updates on programs and service delivery the consultation or areas for improved coordination? improvement. Agency was as also contacted via email to respond to the draft Annual Action Plan. 3 1 Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? CHI Franciscan Services -Health Health Agency Regional organization Housing Need Assessment Non -Homeless Special Needs Anti -poverty Strategy Briefly describe how the Agency/Group/Organization Agency leads a place -based collaboration, which includes focus on the former was consulted. What are the anticipated outcomes of Neighborhood Revitalization Strategy Area and implementing the the consultation or areas for improved coordination? corresponding strategies in that area. Similarly, they are focusing on other local place -based strategies and we collaborate as such to ensure funding leverage, community engagement, and broader participation in implementation. Agency representatives are in close communication regarding the Consolidated Plan, 4 1 Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Action Plans, and the included strategies. Agency was as also contacted via email to respond to the draft Annual Action Plan. FUSION Services -homeless Homeless Needs - Families with children Homelessness Strategy Agency was in close contact regarding homeless strategies specific to families experiencing homelessness. Agency was as also contacted via email to respond to the draft Annual Action Plan. Annual Action Plan 2024 �9 5 Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? HIGHLINE COMMUNITY COLLEGE Services -Education Services -Employment Regional organization Market Analysis Economic Development Anti -poverty Strategy Briefly describe how the Agency/Group/Organization Agency provides regular input on regional and local needs and strategies. was consulted. What are the anticipated outcomes of Agency has a representative on the Broadband Task Force. Agency was also the consultation or areas for improved coordination? contacted via email to respond to the draft Annual Action Plan. 6 1 Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? KING COUNTY Other government - County Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Non -Homeless Special Needs Market Analysis Anti -poverty Strategy Briefly describe how the Agency/Group/Organization ' Participated in developing local strategies to align and coordinate with county - was consulted. What are the anticipated outcomes of wide strategies. Additionally, the County has a representative on the broadband the consultation or areas for improved coordination? task force. Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) 10 7 Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? 8 1 Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? OMB Control No: 2506-0117 (exp. 09/30/2021) King County Housing Authority (KCHA) Housing PHA Regional organization Housing Need Assessment Public Housing Needs Agency was contacted for input regarding housing needs in the City and region. Agency was also contacted via email to respond to the draft Annual Action Plan. MULTI-SERVI( Housing Services - Hou Services -Child Services -Elder Services -home Services-Educ Services-Empl Service -Fair H Regional orga Housing Need Homeless Nee Homeless Nee Homelessnes! Homelessness Non-Homeles Anti -poverty Annual Action Plan 2024 11 Briefly describe how the Agency/Group/Organization Agency is consulted throughout the year for general collaboration and emerging was consulted. What are the anticipated outcomes of issues as well as regular updates on programs and service delivery the consultation or areas for improved coordination? improvement. Agency was also contacted via email to respond to the draft Consolidated Plan and Annual Action Plans. 9 1 Agency/Group/Organization Agency/Group/Organization Type W' h section f What sect o o the Plan was addressed by I Consultation? Housing Development Consortium Regional organization Planning organization Housing Need Assessment Homelessness Strategy Market Analysis Briefly describe how the Agency/Group/Organization Agency was contacted via regular collaborative efforts and regarding specific was consulted. What are the anticipated outcomes of housing and homelessness strategies. the consultation or areas for improved coordination? 10 1 Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? OMB Control No: 2506-0117 (exp. 09/30/2021) Public Health of Seattle -King County Services -Persons with HIV/AIDS Services -homeless Services -Health Health Agency Other government - County Regional organization Homelessness Strategy Non -Homeless Special Needs Agency is consulted throughout the year for general collaboration and emerging issues as well as regular updates on programs and service delivery improvement. Agency was also contacted via email to respond to the draft Annual Action Plan. Annual Action Plan 12 2024 11 Agency/Group/Organization Agency/Group/organization Type What section of the Plan was addressed by Consultation? South King County Housing and Homelessness Partners Housing Regional organization Planning organization Housing Need Assessment Homelessness Strategy Briefly describe how the Agency/Group/Organization ' Agency was consulted via regular collaborative processes. The City is a member was consulted. What are the anticipated outcomes of of South King Housing and Homelessness Partners (SKHHP, and is in close the consultation or areas for improved coordination? contact regarding regional planning efforts pertaining to affordable housing and homelessness. 12 1 Agency/Group/Organization Agency/Group/Organization Type What section of the Plan was addressed by Consultation? OMB Control No: 2506-0117 (exp. 09/30/2021) King County Regional Homelessness Authority Housing Services - Housing Services -Children . Services -Elderly Persons Services -homeless Services -Education Services -Employment Service -Fair Housing Regional organization Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Anti -poverty Strategy Annual Action Plan 2024 13 Briefly describe how the Agency/Group/Organization Agency is consulted on a bi-weekly basis with a focus on sub -regional planning was consulted. What are the anticipated outcomes of to significantly decrease the incidence of homelessness throughout South King the consultation or areas for improved coordination? County. 14 1 Agency/Group/Organization Agency/Group/Organization Type City of Federal Way Agency - Emergency Management What section of the Plan was addressed by I Community Resilience Consultation? Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The local emergency management department will access data and plan for resilience as part of the City's periodic Comprehensive Plan Update. The update will include the addition of a new chapter on climate resiliency. The chapter is anticipated to be adopted by City Council no later than quarter 4 of 2024. Identify any Agency Types not consulted and provide rationale for not consulting It is the City's intent to consult with all Agency types. Should this not be achieved or change during the public comment period, that information will be added. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization - How do the goals of your Strategic Plan overlap with the goals of each plan? King County Regional This plan informs priorities and strategies relating to the City's Consolidated Plan goal Continuum of Care Homelessness Authority to address homelessness and the implementation of that goal in annual action plans. Table 3 - Other local / regional / federal planning efforts Narrative In the development of the plan, many competing needs and goals were identified. Based on the City's competitive processes, the most responsive projects were selected to make progress towards the adopted CDBG goals. Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) 14 AP-12 Participation - 91.401, 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal -setting The City of Federal Way solicited input on needs, goals, and strategies for the 2024 Annual Action Plan. Public input has been encouraged throughout the planning and development process as well as targeted stakeholder engagement. The City engaged with partners locally and throughout the region including nonprofits; local, county, and state government; and citizens to gather input on the City's goals and strategies for its CDBG program. The City regularly engages service providers and citizens in discussions regarding community development and human services needs. The City seeks input by meeting with individuals and organizations on an ongoing basis. Organizations that receive funding are monitored throughout the year and discuss trends and emerging needs with City staff. City staff meets regularly with human service providers, other regional cities, and funders to discuss services for individuals and families experiencing homelessness to seek solutions to both local and regional community development problems. The City conducted surveys, focus groups, and interviews of residents and nonprofit agencies to assess the needs within the City and encourage citizen participation. Overall, the engagement conducted found that residents and agencies believe that more services are needed in almost every area with particular attention to housing and homelessness services as well as health services (including physical and behavioral health). These forms of engagement provide invaluable information. Citizen participation informs the City's goals and strategies and, in the process for the 2024 Annual Action Plan, confirmed the adopted goals and strategies. Two of the primary areas of concern are housing and economic stability, both of which are addressed in the adopted goals, objectives, and strategies. Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) 15 Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of Summary of response/attendance comments received Summary of comments URL (If not accepted applicable) and reasons _ Means of advertising public participation opportunities and grant funding. Four CDBG-related 1 Newspaper Ad Non- targeted/broad opportunities were n/a n/a published in the community program year; two were funding opportunities and two were for public comments. Non -English 1 Speaking - Specify other language: Korean and Spanish 2 Internet Outreach n/a. n/a. n/a. Persons with disabilities Non- targeted/broad community Table 4 — Citizen Participation Outreach Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) 16 Expected Resources AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2) Introduction The City of Federal Way anticipates having the following funding sources available during the 2024 Program Year: • CDBG ■ City General Fund (targeted to human services/public services) Pre -award costs incurred prior to the agreement with the U.S. Department of Housing and Urban Development are allowable in accordable with 2 CFR 200.458 and 24 CFR 570.200. Pre -award costs incurred by projects included in the 2024 Annual Action Plan will not impact future projects or future years' funding. The incurred costs are necessary to activity implementation and for continuity of services to the community. Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) 17 Anticipated Resources Program Source Uses of Funds Expected Amount Available Year 1 Expected Narrative Description Annual Program Prior Year Total: of Funds Amount Allocation: Income: Resources: $ Available $ $ $ Remainder of ConPlan CDBG public - Acquisition CDBG funds leverage additional federal federal Admin and and state funds. Agencies are able to Planning combine funding sources in order to Economic provide a wider range of services to the Development community. Housing Public Improvements Public Services 778,309 0 0 778,309 0 General public - Public Services The City provides general fund grants Fund local annually to agencies and organizations that deliver services in support of low- and moderate- income persons and households, those with special needs, and the homeless. These funds are used in cooperation with CDBG public services 711,000 0 0 711,000 0 dollars. Table 5 - Expected Resources — Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) 18 CDBG funds do not require a match. CDBG funding for public services and public facility projects is only a portion of the total funding required. The City encourages applicants to secure other funding for projects in order to leverage resources to the extent possible. If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City of Federal Way owns the property upon which the Performing Arts and Event Center (PAEC) was built. The PAEC will continue to recover and possibly generate jobs directly; jobs at the PAEC were impacted due to COVID-19 and measures implemented to address the pandemic. The PAEC acts as a catalyst for redevelopment of the City Center area in Federal Way, resulting in additional jobs. The hotel, a component of the development, has been delayed. This may change certain performance measures and will be updated accordingly. Discussion CDBG funds will be used to support eligible activities in accordance with CDBG regulations. Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) 19 Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information ^ Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Indicator Order Year Year Area 1 Expand Economic 2020 2024 Non -Housing Economic CDBG: Businesses assisted: 70 Opportunities Community Development and $260,000 Businesses Assisted Development Job Growth 2 Preserve Affordable 2020 2024 Affordable Affordable Housing CDBG: Homeowner Housing Housing Housing $246,649 Rehabilitated: 30 Household Homelessness CDBG: Housing Unit 3 Prevent and Address 2020 2024 Homeless Homelessness Prevention: 34 Homelessness 2024 Non -Housing Living Environment $56,000 Persons Assisted 4 Establish and 2020 CDBG: Public service activities other Maintain Suitable Community $60,000 than Low/Moderate Income Living Environment Development Housing Benefit: 240 Persons Assisted Table 6 — Goals Summary Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) 20 AP-35 Projects - 91.420, 91.220(d) Introduction Federal Way's Annual Action Plan provides descriptions of proposals of how funds will be prioritized to achieve goals identified in the Consolidated Plan. Projects funded by the City will address the priority needs of providing assistance to prevent homelessness, ensure affordable housing, expand economic opportunity, and provide a suitable living environment. Projects and programs are selected through a competitive application process to ensure optimal quality services are provided to the community in use of the funds. # Project Name 1 Program Administration Habitat for Humanity Home Repair Program 2 3 Habitat for Humanity Minor Home Repair Program 4 Highline College SBDC and StartZone 5 Apprenticeship & Non-traditional Employment for Women (ANEW) 6 Federal Way Community Center Inclusion Program 7 Orion Employment Services S Solid Ground Housing Stability Project 9 Contingency Table 7 — Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs In establishing the priorities for activities to meet the needs of the City, activities are being considered which are likely to be of high impact. The City looked to its own initiatives and goals to determine how to best build on efforts already underway which could impact the economic problems affecting low- and moderate -income persons. This has led the City to develop strategies with a focus on economic revitalization activities and job creation, safety net/self-sufficiency services, and protecting/enhancing housing owned or rented by low- and moderate -income households. In order to continue services helping populations who are at risk, the City allocated the maximum possible to services that have proven to be effective in the past. The City placed a significant amount of resources into economic development activities for job creation and allocated funding for microenterprise technical assistance; and, in order to begin working on affordable housing needs, identified funds to maintain owner -occupied housing. The City has chosen to place 100% of program funds toward activities which primarily benefit low- and moderate- income households and will assure that a minimum of 70% of program resources will benefit low- and moderate -income households. Additionally, the allocation process considered underfunded, underrepresented, and underserved populations for inclusion. Annual Action Plan 2024 21 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information. 1 Project Name Program Administration Target Area Goals Supported Needs Addressed Funding CDBG: $156,660 Description CDBG Planning and Administration for PY2O23. Target Date 12/31/2024 _ Estimate the number and type This is planning and administration and does not directly benefit families. of families that will benefit from the proposed activities Location Description 33325 8th Avenue S, Federal Way, WA 98003 f Planned Activities Project Name CDBG Planning and Administration Habitat for Humanity Seattle King County Home Repair Program 2 Target Area Goals Supported Preserve Affordable Housing Needs Addressed Affordable Housing Funding CDBG: $146,649 Description Housing repair program helping low- to moderate -income homeowners repair their homes to a safe condition. Target Date 09/30/2025 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) 22 Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities 3 Project Name Target Area Goals Supported Needs Addressed Funding Description Target Date Estimate the number and type of families that will benefit from the proposed activities 10 households will benefit from the program. Recipients must be homeowners in the City of Federal Way; locations determined upon homeowner applications. Housing repair will be provided to low to- moderate -income homeowners under 80% of the AM I. This work may include (but is not limited to) replacement or repairs to the home exterior (roof, deck, siding, window, paint, and/or doors, safe access modifications such as ramps or railings, and other repairs needed. Services may be loan or grant based. Habitat for Humanity Seattle King County Home Minor Home Repair Program Preserve Affordable Housing Affordable Housing CDBG: $100,000 Minor home repair for homeowners aged 62 and older in Federal Way. 09/30/2025 20 households will benefit from this program. Location Description Recipients must be homeowners in the City of Federal Way; locations determined upon homeowner applications. Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) 23 Planned Activities 4 1 Project Name Target Area Goals Supported Needs Addressed Funding Description Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities 5 1 Project Name Target Area Goals Supported Needs Addressed Funding OMB Control No: 2506-0117 (exp. 09/30/2021) The project will serve homeowners aged 62 and older in Federal Way who need minor home repairs to continue to live safely in their homes. This includes, but is not limited to, repairs to walkways, decks, or ramps; updates to unsafe flooring; installation of grab bars; repairs to doors, windows, or garages; minor plumbing or electrical repairs; and updates or replacement of smoke and CO detectors and more efficient lighting. Program will be a grant based program. Highline SBDC and StartZone Expand Economic Opportunities Economic Development and Job Growth CDBG: $100,000 Technical Assistance to microenterprise business owners, entrepreneurs, and start-up businesses. 12/31/2024 50 individuals will receive technical assistance. Activities will be provided at Highline College (2400 S. 240th Street, Des Moines, WA 98198). One-on-one technical assistance and advising to business owners looking to start or grow their businesses. Apprenticeship & Non-traditional Employment for Women (ANEW) Establish and Maintain Suitable Living Environment Living Environment CDBG: $12,000 Annual Action Plan 2024 24 i Description 8 individuals will receive job training and employment services/case management. Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description 12/31/2024 8 individuals will receive job training and employment services/case management. Activities will be provided at Apprenticeship & Non-traditional Employment for Women (ANEW) (550 SW 7th Street, Renton, WA 98057). Planned Activities I Individuals participate in one of two tracks: 1) Trades Rotation Program, a 12-week pre -apprenticeship training program with job placement and retention services for women in manufacturing and construction trades; and 2) the Career Connection Program, wrap -around employment services focusing Jon job placement and retention. 6 1 Project Name Target Area Goals Supported Needs Addressed Federal Way Community Center Inclusion Program Establish and Maintain Suitable Living Environment Living Environment Funding CDBG: $30,000 Description The Inclusion Program provides social activities and classes for adults with developmental disabilities. Target Date Estimate the number and type of families that will benefit from the proposed activities 12/31/2024 225 persons with disabilities will benefit. Location Description The majority of activities will be provided at the Federal Way Community Center (876 S. 333rd Street, Federal Way, WA 98003). Some activities will be provided off -site. Planned Activities OMB Control No: 2506-0117 (exp. 09/30/2021) Social activities, life skills training, trips, and others. Annual Action Plan 2024 25 7 Project Name Orion Employment Services Establish and Maintain Suitable Living Environment Living Environment CDBG: $28,000 Target Area Goals Supported Needs Addressed Funding Description Employment Services for adults with disabilities. Target Date Estimate the number and type of families that will benefit from the proposed activities 12/31/2024 3 individuals with disabilities will benefit from this activity. Location Description Job training will be provided at 1590 A Street NE, Auburn, WA 98002 Planned Activities Vocational counseling and skills training to obtain employment. Solid Ground Housing Stability Project 8 Project Name Target Area Goals Supported Prevent and Address Homelessness Needs Addressed Homelessness Funding CDBG: $56,000 Description Rent or move -in assistance to low- or moderate -income households. Target Date 12/31/2024 Estimate the number and type of families that will benefit from the proposed activities 34 individuals will receive assistance. Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) 26 Location Description Planned Activities 9 1 Project Name Target Area Goals Supported Needs Addressed Funding Description Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities OMB Control No: 2506-0117 (exp. 09/30/2021) Activities will be provided at multiple locations. One-time rental assistance for households facing eviction or deposit and first month's rent for households exiting homelessness. Participants complete a plan for future housing stability. Contingency TBD CDBG: $155,649 May be used to assist additional homeowner repair or other capital project need determined via competitive process. 12/31/2024 TBD TBD May be used to assist additional homeowner repair or other capital project need determined via competitive process. Annual Action Plan 2024 27 AP-50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City of Federal Way will direct assistance throughout the community as needed. Geographic Distribution Target Area Percentage of Funds North Federal Way 0 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically Persons and households in need exist throughout the City and resources are to be allocated as needed. Discussion N/A Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) 28 AP-75 Barriers to affordable housing-91.420, 91.220(j) Introduction This section of the Annual Action Plan summarizes actions the City will undertake during the Program Year to reduce barriers to affordable housing. The City is engaging in planning for the implementation of. its Housing Action Plan (HAP) and updating the Housing Element of the City's Comprehensive Plan. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The development of the Housing Action Plan (HAP) will inform actions for planning. However, the City has taken steps to address affordable housing and follow-up actions will continue to occur. Below is a list of HAP strategies and actions the City has implemented to remove barriers to affordable housing. #1: Promote a dense, walkable mixed -use City Center • Audit City Center -Core (CC-C) and City Center -Frame (CC-F) zones to ensure developments standards are supportive of Transit Oriented Development (TOD). • Adopt amendments to development regulations to remove barriers to multifamily development. (Ordinance 23-958) #4: Encourage ADU production • Remove regulatory barriers to ADU production and streamlined permitting. Also examine fees charged for the permitting of ADUs and Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) 29 look for reductions. (Ordinance 23-963 and 23-962) ■ Promote ADU development through community workshops. #5: Ensure that incentives for mixed -income housing are effective • Evaluate the financial incentives and impacts of the existing mixed -income provisions on multifamily development. ■ Adopt amendments to the Affordable Housing Regulations to provide incentives for the affordable units created. (Ordinance 23-958) ■ Monitor the income -qualified units created by these provisions. • Expand residential target areas eligible for MFTE program. (Ordinance 23-969 and 23-964) #6: Review school impact fees on MF housing • Codify maximum school impact fees for multifamily housing and adopt updates to fee schedule to immediate reduce impact fee costs to developers. (Ordinance 23-958, Resolution 22-831) In 2019, the City adopted a tax authorized by the State of Washington allowing for a recapture of a portion of the existing sales tax. These funds support affordable housing. The City is a member jurisdiction of the South King Housing and Homelessness Partners (SKHHP). SKHHP established a Housing Capital Fund allowing for the sales tax revenue to be pooled with other jurisdictions to increase leverage and better support the development and retention of affordable housing. 2024 will be the second year where these funds will support projects to develop or retain affordable housing. The City anticipates providing updates on the HAP and the Housing Capital Fund as they are available. Additionally, the City deferred to King County on another revenue opportunity. King County has enacted a new tax for affordable housing and connected services. The King County proposed program will focus on providing affordable housing to the chronically homeless persons, a population that is difficult to serve and frequently needs the deepest level of subsidy to attain affordable housing. King County has acquired a site in the City of Federal Way and anticipates it will be open in fall 2024. The City of Federal Way is scheduled to adopt the Comprehensive Plan Periodic Update by December of 2024. As part of this work, the City will be preparing to comply with recently passed legislation such as E2SHB 1110 related to expanding opportunity for Middle Housing, EHB 1337 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) 30 related to ADUs, and ESHB 1293 related to design review standards. Discussion Public policies can have a direct impact on the development of affordable housing. As mentioned above, the City developed a Housing Action Plan (HAP) and may implement strategies that have the potential of creating barriers to all housing, but will also specifically identify barriers to affordable housing. Such proposed actions include zoning regulations, development fees, approval and permitting systems, manufactured and modular housing, and others. The HAP provides analysis of the current policies and recommendations and action steps the City may take. Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) 31 AP-85 Other Actions - 91.420, 91.220(k) Introduction The City of Federal Way has been and will remain involved in collaborative efforts that serve the needs of low- and moderate -income persons and households, people experiencing homelessness, and those with special needs. The City participates on numerous committees, boards, and collaborations and works directly with agencies and organizations that provide services in order to enhance the level and quality of services in Federal Way and throughout South King County. The City has taken specific steps to better plan to address digital equity including broadband access and climate resiliency. The steps so far as the first to engage in strategic planning for both broadband and climate resiliency citywide, including CDBG related elements. Actions planned to address obstacles to meeting underserved needs The City is working with other communities in South King County to establish and enhance strong networks for community development and human services delivery. This includes working with service providers, stakeholders, the faith -based community, other government agencies, and those we serve directly to identify and overcome or mitigate barriers to meeting underserved needs. There are both on- going discussions among the parties to share information about current issues, as well as longer term planning to develop strategies, build public awareness, and enhance the support of elected officials for increased resources for the underserved. In November 2021, City Council approved adding a chapter on Community Resilience to the City's Comprehensive Plan as part of its major, periodic update. The City engaged a consultant and is engaging in an approval process for a draft chapter. Additionally, the City approved a Broadband Advisory Task Force to create a strategic plan to address broadband access and digital equity. Grant funds were sought and acquired as well as a general fund commitment to conduct the planning process and the task force concluded its work in making recommendations for broadband access to City Council in August 2023. Actions planned to foster and maintain affordable housing The City has historically operated the Home Repair Program, which is funded by CDBG and serves low - and moderate -income homeowners in Federal Way. The program provides emergency and standard repair and renovation services that help families remain in their homes. The program is a means of retaining and enhancing affordable housing and serves to support aging in place, as well as strengthening the neighborhoods in which the homes are located. The program does not specifically target households with elderly individuals, but does serve primarily older adults and often incorporates renovations that assist individuals in staying in their home longer with additions such as ramps, bathroom upgrades including grab bars and accessible showers, and so on. While allowable and often part of larger projects, the City's Housing Repair Program is not well suited for smaller repairs that often Annual Action Plan 2024 32 OMB Control No: 2506-0117 (exp. 09/30/2021) allow older adults to remain in their homes. The City developed a minor home repair program for older adults focusing on aging in place and retaining their homes. However, the City continued to experience programmatic delays in securing contractors for projects due to contractor capacity, frequency/consistency of work being too low, requirements with federal funds, and other reasons. As a result, the City bid for a third -party subrecipient for each program as several nonprofits offer similar services and by the nature and scope, would potentially mitigate the issues and delays the City encounters. Both the Housing Repair Program and the Minor Home Repair Program will be contracted to Habitat for Humanity as a subrecipient to implement the programs using prior year funds. It is anticipated that if this goes well, the City will continue to engage a subrecipient and allocate funding each year to continue these types of programs. Additionally, the City will consider a low-income homebuyers assistance program to facilitate additional pathways to homeownership for low- and moderate -income residents and consider this for the 2025- 2029 Consolidated Plan. The City of Federal Way continues participation in the recently established South King County Housing and Homelessness Partnership.(SKHHP) in collaboration with other cities in south King County and King County. SKHHP will focus on assisting the region in in meeting affordable housing and homeless needs. 2023 marked the first year in which SKHHP provided funding for capital projects to create affordable housing. Actions planned to reduce lead -based paint hazards The City of Federal Way works to reduce lead -based paint hazards by complying with and requiring subrecipients to comply with the Lead -Based Paint requirements set forth in 24 CFR Part 35. This includes meeting the requirements for notification, identification, and stabilization of deteriorated paint; identification and control of lead -based paint hazards; and identification and abatement of lead - based paint hazards. The Protect Your Family from Lead in Your Home pamphlet developed by the EPA, HUD, and the U.S. Consumer Product Safety Commission is also distributed. Actions planned to reduce the number of poverty -level families Actions to reduce the number of poverty level families include funding small business and micro - enterprise training and technical assistance. Additionally, actions include maintaining and enhancing relationships with school -based mentoring programs that lead to increased graduation and college acceptance and outreach to increase opportunities for low-income residents to obtain livable wage jobs. Further, the City has invested $650,000 through American Rescue Plan Act (ARPA) funds into workforce development and financial literacy to help promote debt reduction and financial access/stability as well Annual Action Plan 2024 33 OMB Control No: 2506-0117 (exp. 09/30/2021) as career pathways. Actions planned to develop institutional structure In 2024, the Community Services Division will: • Update the Division website to include pertinent information for community -based organizations for planning and program implementation purposes, and for individuals seeking resources for community development. ■ Continue to advocate for additional resources for a coordinated approach to community development and planning to address poverty issues, affordable housing, job creation, and community revitalization initiatives. ■ Continue to participate in collaborative efforts with other funders, private sector groups, and agency coalitions such as the Continuum of Care. Actions planned to enhance coordination between public and private housing and social service agencies The City of Federal Way has regularly fostered relationships between these entities and will continue to develop and participate in these collaborations, including the South King Council of Human Services, South King County Housing Development Group, the King County Housing Development Consortium, and South King Housing and Homelessness Partnership (SKHHP). As part of the SKHHP work group, the City of Federal Way and other local cities work with agencies to develop the system and advocate for coordination between housing and social service agencies. Discussion The expressed goal of the CDBG Program is to reduce the number of people living in poverty. The City gives funding priority to programs that, in addition to complying with federal regulations, address a priority outlined in the Consolidated Plan, and are consistent with all of the goals and objectives identified. Annual Action Plan 2024 34 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(1)(1,2,4) Introduction As a member of the King County HOME Consortium, the City of Federal Way will engage in housing activities, collaborations, and partnerships to enhance opportunities for equitable development and the creation/preservation of affordable housing. The Consortium will plan for and support fair housing strategies and initiatives designed to affirmatively further fair housing choice and to increase access to housing and housing programs. We value working together collectively to continue the work to develop a cohesive and coordinated homeless system that is grounded in the principle of Housing First and fosters shared outcomes. We are not a one size fits all system and as such, we invest in projects that ensure that homeless households from all sub -populations: ■ are treated with dignity and respect; • are returned to permanent housing as quickly as possible; • receive strength -based services that emphasize recovery, as needed; ■ are supported to graduate from temporary homeless housing as rapidly as possible and from permanent supportive housing as soon as they are ready; • receive only what they need to return to housing quickly and to be as self-reliant as possible. To establish and maintain a suitable living environment and expand economic opportunities for low- and moderate -income people, our investments across the Consortium in low -.income communities, and for the benefit of low-income people, help to ensure equitable opportunities for good health, happiness, safety, self-reliance, and connection to community. Specific strategies include: 1) improve the ability of health and human services agencies to serve our low -and moderate -income residents safely and effectively; 2) improve the living environment in low -and moderate -income neighborhoods and communities; and 3) expand economic opportunities for low- to moderate -income residents of the Consortium. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been. received before the start of the next program year and that has not yet been reprogrammed 0 Annual Action Plan 2024 35 OMB Control No: 2506-0117 (exp. 09/30/2021) 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float -funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities L: 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Annual Action Plan 2024 36 OMB Control No: 2506-0117 (exp. 09/30/2021) Discussion N/A Annual Action Plan 2024 37 OMB Control No: 2506-0117 (exp. 09/30/2021) COUNCIL MEETING DATE: November 21, 2023 ITEM #: 8 a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Notification of Emergency Procurement and authorization for Repair and Replacement of Vehicles and Equipment due to vandalism and theft at Steel Lake Maintenance Facility POLICY QUESTION: Should the Council authorize the Public Works and Parks Departments to repair and replace vehicles, equipment and property to allow for continued services to the community? COMMITTEE: N/A CATEGORY: ❑ Consent ❑ Ordinance MEETING DATE: N/A ❑ Public Hearing ® City Council Business Resolution ❑ Other STAFF REPORT BY: EJ Walsh, PE; Public Works Director DEPT: Public Works John Hutton; Parks Director Q-e-91& f Parks Attachments: 1. Staff Report Options Considered: 1. Authorize the Public Works and Parks Departments to repair and replace vehicles, equipment and property to allow for continued services to the community. 2. Do not authorize and provide direction to staff. MAYOR'S RECOMMENDATION: Option l MAYOR APPROVAL: N/A Committee Initial/Date COMMITTEE RECOMMENDATION: Not applicable N/A N/A DIRECTOR APPROVAL: al;i]ate N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to rates purchases made to date and authorize staff to repair and replace vehicles, equipment and property to allow for continued services to the community as presented. " (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: November 21, 2023 TO: City Council VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director John Hutton, Parks Director Notification of Emergency Procurement and authorization for repair and replacement of SUBJECT: vehicles, equipment and property due to vandalism and theft at Steel Lake Maintenance Facility BACKGROUND: In the early hours of Wednesday November 15, 2023 there was a break-in at Steel Lake Maintenance Facility that resulted in damage to several vehicles and city physical property, the theft of a trailer, and a significant loss of tools and equipment. EMERGENCY PROCUREMENT: The stolen tools and equipment are'utilized for emergency call -out response and daily operations by both the Public Works and Parks Departnmnt5.-�cordance with the City Purchasing Policies, the Mayor approved an Emergency Declaration for the replacement of equipment for critical activities to maintain continued operations. Within the Emergency Declaration, the Parks Essential Equipment includes replacement of stolen hand tools and small battery powered tools in an amount no to exceed $10,000. The Public Works Essential Equipment includes stolen hand tools, small battery powered tools, gas powered pumps, gas powered generators, gas powered small tools (chainsaws, blowers, line trimmers, etc.) and associated equipment (gas cans, chainsaw chains, bar oil, etc.) not to exceed $50,000. Parks and Public Works have advance acquisition of the above replacement of equipment. AUTHORIZATION FOR REPAIR AND REPLACEMENT OF VEHICLES, EQUIPMENT AND PROPERTY: The above equipment represents the minimal amount equipment that was authorized to be replaced to ensure continued operations of both the Parks and Public Works Departments. Subsequently, staff has completed a more exhaustive inspection of the vehicles and facility to further determine damaged and stolen property, as identified below. As staff continues to repair and replace equipment Damaged Property / Vehicles: • Truck 81012 (Parks) - Cut open toolboxes • Truck 81212 (Parks) - Cut/drilled locks on side doors and cut off various field equipment • Truck 81241 (Parks) - Cut open toolboxes • Truck 8289 (Fleet) — Substantial damage was done to the truck body where they attempted to cut off the welder, cut/drilled locks on side doors, and cut off various field equipment • Truck 8200-2 (SWM) — Cut/drilled locks on side doors and cut off various field equipment • Truck 8201 (SWM) — Vehicle was struck as they were exiting the yard causing damage to the front of the truck 0 Truck 8241-2 (SWM) Cut/drilled locks on side doors • Truck 82442 (SWM) — Cut open toolboxes • Truck 82461 (SWM) — Cut open toolboxes • Truck 82480 (SWM) — Cut open toolboxes • Truck 8126 (Float) — Cut/drilled locks on toolbox • Truck 8203 (Streets) — Cut/drilled locks on side doors and cut off various field equipment • Truck 8250 (Streets) - Cut/drilled locks on side doors and cut off various field equipment • Truck 8251 (Streets)- Cut/drilled locks on side doors and cut off various field equipment • Trailer E0464 (Emergency) — Cut/drilled locks on door • Trailer 91090 (Parks) — Cut off trailer controller • Trailer 9217 (SWM) — Cut open generator lockbox • Fence / Gate — cut open multiple areas and destroyed the northern gate Stolen Property: • Olympic Tilt Deck Trailer with large toolbox: Trailer had been previously modified for City use including installation of additional attachment points, outfitting with load control chains, binders, ratchets, load control straps etc. • Truck 81012 — hand tools, gas cans ■ Truck 81031 — Vegetation management tools, hand tools, gas cans • Truck 81212 — litter abatement equipment, tool bags, hand tools, carpentry tools, electrical tools • Truck 81241 — Battery powered tools, • Truck 8289 — Hand tools, lifting equipment, vehicle recovery equipment, spare parts inventory, oxy- acetylene cutting system, load control equipment, air compressor, etc. ■ Truck 8201 — Hitches, lifting equipment • Truck 8200-2 — Hitches, lifting equipment, spare parts inventory, gas powered small tools, gas cans, small battery powered tools, electric tools, hand tools • Truck 8203 — Hitches, lifting equipment, spare parts inventory, gas powered small tools, gas cans, small battery powered tools, electric tools, hand tools • Truck 8241-2 — lifting equipment, hand tools, load control straps • Truck 82442 — hand tools, tool bags • Truck 82461 — Hand tools, tool bags ■ Truck 8250 — lifting equipment, hand tools ■ Truck 8251 - Hitches, lifting equipment, spare parts inventory, gas powered small tools, gas cans, small battery powered tools, electric tools, hand tools • Trailer E0464 — Road cones, road closure barriers • Trailer 91090 — Gas cans, load control equipment ■ Trailer 9217 — Generator • Spare Tires — Spare tires for the dump trucks, F350-550 and mowers • 20-gallon wheeled fuel caddy • Misc. tools — Various tools in the maintenance yard and the back of open trucks, without damage to vehicles, including hand tools (shovels, rakes, manhole hooks and lifts, tunnelling bars, probes, etc.), chains, straps, etc. • Vehicle jacks ■ Half pallet of contractor garbage bags M*e COUNCIL MEETING DATE: Tuesday, November 21, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: THE CITY OF FEDERAL WAY'S LEGISLATIVE AGENDA FOR THE 2024 SESSION OF THE WASHINGTON STATE LEGISLATURE. POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE FEDERAL WAY'S LEGISLATIVE AGENDA FOR THE 2024 SESSION OF THE WASHINGTON STATE LEGISLATURE? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing X City Council Business ❑ Resolutio ❑ Other rz ZOO' STAFF REPORT BY: Bill Vadino, Policv Advisor DEPT: Mayor's Office Attachments: Staff Report Options Considered: (1) Approve (2) Do not approve (3) Approve with modifications MAYOR'S RECOMMENDATION: Option 1: Approve the 2024 City of Federal Way State Legislative Agenda for the 2024 Session. MAYOR APPROVAL: Jl V A IRECTOR APPROVAL: co it ec `t Ini[ial/Da[e Inin UDate Initiatc �P4 COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I MOVE TO APPROVE THE CITY OF FEDERAL WAY'S LEGISLATIVE AGENDA FOR THE 2024 SESSION OF THE WASHINGTON STATE LEGISLATURE." (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 # MEMORANDUM DATE: November 16, 2023 TO: Federal Way City Cou 'I VIA: Jim Ferrell, Mayor `f FROM: Bill Vadino, Policy dvisor SUBJECT: Consideration of the City of Federal Way State Legislative priorities for the upcoming 2024 session of the Washington State Legislature The City of Federal Way Legislative Agenda will be presented for discussion and possible adoption at the Tuesday, November 2111 Council meeting. Our State legislative lobbyist, Jim Hedrick, will also do an overview of the upcoming 2024 Legislative Session. We will also finalize an agenda for a face-to-face legislative breakfast to present these priorities to our elected officials, tentatively planned for Wednesday, December 6t" Here is the latest draft of the priorities for the 2024 session for consideration. Also attached is a draft of the Legislative Agenda for distribution. Public Safet • Reinstate Police pursuits for car theft and other property crimes. • We will compile and present city, county, regional, state and national data on frequency and impacts of car theft and the number of crimes committed using car theft. ■ Our State is #4 in car thefts in the nation, in raw numbers behind New York, Texas and California. Per capita Washington is 1st in the nation. • Since implementing the no pursuit law, which went into effect July 1, 2021, Washington state has seen a significant increase in auto thefts, including Federal Way. Vehicle theft was up to 47,448 from 35,385 in 2021, a 34.1% increase. In the past two years, vehicle theft in WA has almost doubled, used to average about 26,000 yearly. An increase of roughly 90% statewide since the prohibition of police pursuits for all property crimes. In Federal Way, we saw a 58% increase in auto theft from 2021 to 2022 (946 vs. 1,492). + Also, the current crime trend is that stealing a car is a precursor for committing other crimes, such as organized retail crimes, smash-and-grab burglaries, robberies, purse snatching, carjacking, shooting, etc. Stealing a vehicle gives criminals anonymity and a better chance of avoiding being detected for committing other crimes. They know that even if police find them in a stolen car, the police can't pursue them under the current law. The current law needs to be amended to reverse this trend — no police pursuits for any property crimes are too restrictive, and it has created chaos and lawlessness in our state. Criminals should not have more protection than the victims. • King County "Guardian One" Helicopter Replacement. Advocate for funding a new helicopter for the King County Sheriff's Office Air Support Unit. In today's policing climate it is more important than ever to provide resources such as the King County Air Support Unit. A law enforcement helicopter is often referred to as a "force multiplier." It is an indispensable part of the Sheriff's Office. Nationwide studies have shown that helicopter/car teams have higher felony arrest rates than that of car teams alone. The helicopter's aerial advantage gives it many more times the surveillance capability of a ground unit. This vantage point, plus the speed in which a helicopter can get a trained observer over a crime scene, provides containment that often essentially assures an arrest, and may be required to assist other agencies in diversified missions. It does so efficiently, without having to pull other patrol units from their areas of responsibility. Beyond law enforcement functions, the helicopter's excellent visibility and the ability to hover make it a very effective Search & Rescue (SAR) vehicle. Transportation budget requests (ranked) • The 373rd Traffic Circle Project ($1 million) The 373rd Traffic Circle Project ($1 million) This project is actively in design and while partial grant funding has been received, the City is requesting $1 million towards the completion of the project. This is a project on a State route and while we appreciate receipt of a TIB grant, the State Legislature hasn't contributed to the project to increase safety on a State road. Based on the most recent collision report, since 2015, there have been 7 deaths, 11 accidents resulting in disabling injury, and 24 accidents with evident injuries. The City took action and modified the intersection to discourage further accidents, however a traffic circle is the essential solution. • The City Center Access Project ($50 million) While this project is actively in design and partial grant funding has been received, the City is requesting $50 million towards the completion of the project. The City Center Access project is designed to reduce backups onto the mainline of 1-5 at the 320th interchange and improve access from Federal Way's City Center to and across 1-5. Additionally, it improves intermodal and multi -modal access by modifying the existing over -utilized S 320th Street interchange in order to better accommodate concentrated urban growth and provide multi -modal connections with transit agencies. • Improvements to SW 336th-SW 340th corridor ($20 million) Construction of the SW 336th St to SW 340th St corridor, including a roundabout at SW 340th Street and Hoyt Road SW. With traffic from the City of Tacoma's Brown's Point area and the City of Federal Way, this area has seen an increased level of congestion. This is projected to continue to increase with the anticipated Sound Transit South Federal Way station, and improved connections between Tacoma and Federal Way are needed. The request is for 20 million. • The Triangle Project This includes construction of the southbound off ramp to 161, and the replacement of the northbound to eastbound and the City supports funding the project to allow full construction. This was initially funded, but the Legislature removed the funding to shore up multiple other regional WSDOT projects and moved this project to the future. We request for reprioritization for completion. Capital budget re uest Capital budget requests including turf ball fields at Celebration Park. The City of Federal Way has received $822,000 from the Department of Commerce. The request is for up to $1.5 million to complete the resurfacing of two ball fields. Maintain ability of local cities to retain local control as they plan for growth. • The City of Federal Way has not sought to limit growth or the construction of new and affordable housing, but has invested considerable time and effort, through deliberate processes that involve extensive public participation, to plan for smart growth. • Instead of proposing to mandate zoning standards from Olympia, the state should look to provide incentives to cities which would promote higher densities and leave local zoning decisions with city elected officials. Condominium liability reform and housing affordability. • Supports condominium liability reform aimed at lowering regulatory barriers associated with building affordable condos while improving the climate for construction statewide. Developers and insurers need more certainty and removing disincentives to building affordable condo projects while maintaining consumer protections. • The City of Federal Way would also welcome other proactive approaches to create new tools/incentives/revenues for cities to use to support increasing housing supply and addressing housing affordability. Other Initiatives ■ Behavioral, mental health and addiction resources. ■ Environmental Funding for EV Chargers, electric vehicles, city facility upgrades • Advocate for Net Zero solar programs for residential, commercial and government buildings. Please let me know if you have any questions. PAGE 1 EXECUTIVE SUMMARY OF PRIORITIE PUBLIC SAFETY • Reinstate Police pursuits for car theft and other property crimes. • We will compile and present city, county, regional, state, and national data on frequency and impacts of car theft and the number of crimes committed using car theft. • Our State is #4 in car thefts in the nation, in raw numbers behind New York, Texas and California. Per capita Washington is 1st in the nation. • Since implementing the no pursuit law, which went into effect July 1, 2021, Washington state has seen a significant increase in auto thefts, including Federal Way. Vehicle theft was up to 47,448 from 35,385 in 2021, a 34.1 % increase. In the past two years, vehicle theft in WA has almost doubled, used to average about 26,000 yearly. An increase of roughly 90% statewide since the prohibition of police pursuits for all property crimes. In Federal Way, we saw a 58% increase in auto theft from 2021 to 2022 (946 vs. 1,492). Also, the current crime trend is that stealing a car is a precursor for committing other crimes, such as organized retail crimes, smash-and- grab burglaries, robberies, purse snatching, carjacking, shooting, etc. Stealing a vehicle gives criminals anonymity and a better chance of avoiding being detected for committing other crimes. They know that even if police find them in a stolen car, the police can't pursue them under the current law. The current law needs to be amended to reverse this trend — no police pursuits for any property crimes are too restrictive, and it has created chaos and lawlessness in our state. Criminals should not have more protection than the victims. King County Guardian One Helicopter Replacement. Advocate for funding a new helicopter for the King County Sheriff's Office Air Support Unit. It is more important than ever to provide resources such as the King County Air Support Unit. A law enforcement helicopter is often referred to as a "force multiplier." It is an indispensable part of the Sheriff's Office. Beyond law enforcement functions, the helicopter's excellent visibility and the ability to hover make it a very effective Search & Rescue vehicle. TRANSPORTATION BUDGET REQUESTS (RANKED) • 1st: The 373rd Traffic Circle Project ($1 million) • 2nd: The City Center Access Project ($50 million) • 3rd: Improvements to SW 336th-SW 340th corridor ($20 million) • 4th: The Triangle Project. We request WSDOT to reprioritize the project for completion. CAPITAL BUDGET REQUEST • Capital budget requests including turf ball fields at Celebration Park ($1.5 million) LOCAL CONTROL • Maintain ability of cities to retain autonomy as they plan for growth. OTHER INITIATIVES • Condominium liability and housing affordability. • Behavioral, mental health, and addiction resources. • Environmental Funding for EV Chargers, electric vehicles, city facility upgrades and for Net Zero programs. 10 ��r� o. Q ® A Federal Wayyt Centered on Opportunity PAGE 2 U111111111111W PUBLIC SAF • Reinstate Police pursuits for car theft and other property crimes. • We will compile and present city, county, regional, state, and TW national data on frequency and impacts of car theft, the number of crimes committed utilizing car theft and those committing them. • Our State is #4 in car thefts in the nation, in raw numbers behind New York, Texas and California. Per capita Washington is 1 st in the nation. • King County Guardian One Helicopter Replacement. Advocate for funding a new helicopter for the King County Sheriff's Office Air Support Unit. CAPITAL BUDGET REQUEST • Capital budget request is for turf ballfields at Celebration Park. • The City of Federal Way has received $822,000 from the Department of Commerce. • The request is for up to $1.5 million to complete the resurfacing of two ball fields. OTHER INITIATIVES • Behavioral, mental health, and addiction resources. • Environmental Funding for EV Chargers, electric vehicles, city facility upgrades. • Advocate for Net Zero/green incentive programs for residential, commercial, and government buildings. HOUSING &CONDOMINIUM LIABILITY TRANSPORTATION BUDGET F�QUEX [RAN 1st - The 373rd Traffic Circle Project. $1 Million. This project is also actively in design and while partial grant funding has been received, the City is requesting $1 million towards the completion of the project. This is a project on a State route and while we appreciate receipt of a TIB grant, the State Legislature hasn't contributed to the project to increase safety on a State road. Based on the most recent collision report, since 2015, there have been 7 deaths, 11 accidents resulting in a disabling injury, and 24 accidents with evident injuries. The City took action and modified the intersection to discourage further accidents; however, a traffic circle is the essential solution. 2nd - City Center Access Project. $50 Million. While this project is actively in design and partial grant funding has been received, the City is requesting $50 million towards the completion of the project. The City Center Access project is designed to reduce backups onto the mainline of 1-5 at the 320th interchange and improve access from Federal Way's City Center to and across 1-5. Additionally, it improves intermodal and multi -modal access by modifying the existing over - utilized S 320th Street interchange in order to better accommodate concentrated urban growth and provide multi -modal connections with transit agencies. 3rd - Improvements to SW 336th-SW 340th corridor. $20 Million. Construction of the SW 336th St to SW 340th St corridor, including a roundabout at SW 340th Street and Hoyt Road SW. With traffic from the City of Tacoma's Brown's Point area and the City of Federal Way, this area has seen an increased level of congestion. This is projected to continue to increase with the anticipated Sound Transit South Federal Way station, and improved connections between Tacoma and Federal Way are needed. 4th - The Triangle Project. Reprioritization. This 0 includes construction of the southbound off ramp to 161, the replacement of the northbound to eastbound, and the City supports funding the project to allow full construction. This was initially funded, but the Legislature removed the funding to shore up multiple other regional WSDOT projects and moved this project to the O future. We request for reprioritization for Q completion. • Supports condominium liability reform aimed at lowering regulatory barriers associated with building D D affordable condos while improving the climate for construction statewide. Developers and insurers a a need more certainty and removing disincentives to building affordable condo projects while maintaining consumer protections. • The City of Federal Way would also welcome other proactive approaches to create new tools/incentives/revenues for cities to use to support increasing housing supply and addressing housing affordability. +LOCAL C • The City of Federal Way has not sought to limit growth or the construction of new and affordable housing, but has invested considerable time and effort through deliberate processes that involve extensive public participation to plan for smart growth. • Instead of proposing to mandate zoning standards from Olympia, the state should look to provide incentives to cities which would promote higher densities and leave local zoning decisions with city elected officials. an COUNCIL MEETING DATE: November 21, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARPA GRANTS FOR FINANCIAL LITERACY AND WORKFORCE DEVELOPMENT POLICY QUESTION: Should City Council approve the proposed financial literacy and workforce development ARPA grant award recommendations? COMMITTEE: PRHSPSC MEETING DATE: November 14, 2023 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford DEPT: Community Development Attachments: 1. Staff Report Options Considered: 1. Approve the proposed grant recommendations. 2. Do not approve proposed grant recommendations and provide direction to staff. MAYOR'S RECOMMEND_AIION: Option 1. MAYOR APPROVAL: Initial DIRECTOR APPROVALi, I ,4 ✓" G( iel-0 Imdal/Date COMMITTEE RECOMMENDATION: I move to forward the proposed financial literacy and workforce development grant recommendations to the November 21, 2023, council business agenda for approval. tt Chair Committee Me ber ► Committee Member PRt PPQSED COUNCIL MOTION: "I move approval of the proposed financial literacy and workforce development grant recommendations. " (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: October 25, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, C munity Development 1' Sarah Bridgeford, Community Services Manager Kim Bachrach, Human Services Coordinator ►? SUBJECT: ARPA Grants for Financial Literacy and Workforce Development. Financial Impacts: The cost to the City for social services grants was included within the approved budget. In accordance with the approved budget, this item is funded by ARPA monies under the lost revenue category. Upon completion of the grants, future costs will be minimal due to grant closeout. Background Information: In November 2022, City Council approved a proposal to use ARPA funds for $650,000 in grants to support residents in addressing employment and education and $200,000 in grants for financial literacy. Following this approval, a Request for Proposal (RFP) was released in spring 2023 to solicit proposals for use of the approved grant funding in the priority areas of housing stability and basic needs, youth programming, and financial literacy. While the City received proposals for housing stability and basics needs, as well as youth programming, it did not receive any proposals for financial literacy in response to the RFP. At the July 18, 2023, meeting, City Council directed staff to add the priority area of Financial Literacy to the ARPA Workforce Development Request for Proposals, directing $650,000 to support employment and education and financial literacy. A Notice of Funding Available was released on Friday, August 18, 2023. A total of eleven applications were received by the deadline of September 15, 2023 in the categories of employment and education and financial literacy. The Human Services Commission evaluated and discussed the applications at its October 16, 2023, meeting. Of these applications, six were for employment and education, and five were for financial literacy; one financial literacy program with the YWCA is both workforce development and financial literacy. Rev. 7/18 Recommendation The Commission voted 6-1-1 to recommend City Council approve the following grants with brief overviews of the programs and performance targets to follow: Agency Program Priority Area Request Commission Recommendation FUSION Poverty Bay Workforce $242,586.50 $175,000.00 Cafe Jobs Development Training Casa Latina Casa Latina Workforce $229,321.00 $175,000.00 Workforce Development Program YWCA YWCA Financial $150,000.00 $150,000.00 Economic Literacy/Workforce Empowerment Development El Centro de Financial Financial Literacy $440,398.00 $150,000.00 la Raza Empowerment Program Boys and Cultural Tech Workforce $205,522.30 $0 Girls Club Legacy Development King County Federal Way FEI Workforce $650,000.00 $0 Black Development Collective InterCultural Prosperity Path Financial Literacy $150,000.00 $0 Children and Workshop Family Services InterCultural Step One Workforce $150,000.00 $0 Children and Program Development Family Services KCLS Driving for Workforce $324,000.00 $0 Foundation Refugee Development Women Sound Financial Financial Literacy $352,831.00 $0 Outreach Empowerment Your Money FutureBridge Financial Literacy $200,000.00 $0 Matters YWCA YWCA Financial Literacy $150,000.00 $0 Economic Empowerment Rev. 7/1 S Brief overviews of the programs recommended for funding are included below and copied directly from the applications. 1. FUSION: Implement a jobs training program utilizing our existing assets of our commercial grade kitchen and the Poverty Bay Cafe to train low-income or low - skilled persons for long-term, sustainable careers in the restaurant industry. 2. Casa Latina: provides: Job readiness trainings for domestic work: This is mainly house cleaning, but also includes childcare, homecare, and hospitality; Workshops on general job education, including negotiation, financial literacy, licensing, and more; and English as a second language (ESL) and digital literacy classes to support personal and professional growth. 3. YWCA: A hybrid program for low-income residents of Federal Way, focusing on workforce development and financial literacy. Utilizing King's Court community center and virtual platforms, they will serve 90 residents over three years, offering one-on-one career navigation and job readiness workshops, "Money Mechanics" financial instruction, and individualized financial coaching. 4. El Centro de la Raza: Build capacity to improve credit, reduce debt, and increase savings. This financial literacy program provides low -to moderate -income individuals with skill -based financial education and 1:1 counseling to increase their knowledge of banking, savings, establishing and improving credit, sound money management practices, maintaining a household budget. Rev. 7/18 E COUNCIL MEETING DATE: November 21, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 2023 ANNUAL COMPREHENSIVE PLAN AMENDMENTS POLICY QUESTION: Should City Council approve the proposed comprehensive plan text and map amendments? COMMITTEE: Land Use & Transportation MEETING DATE: November 6, 2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Chaney Skadsen, Senior Planner DEPT: Community Development Attachments: 1. Staff Report 2. Ordinance 3. Exhibits Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S : Option 1. MAYOR APPROVAL: %D p DIRECTOR APPROVAL: � 10/27/23 Ca nittce Co it Initial/DateInitiallJate InitiaUDate COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to first reading on November 21, 2023. Chair PROPOSED COUNCIL MOTION(S): Committee Member Commit ee Member FIRST READING OF ORDINANCE (NOVEMBER 21, 2023): "I move to forward the proposed ordinance to the November 21, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (DECEMBER 5, 2023): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED—11/2019 RESOLUTION # I CITY OF FEDERAL WAY MEMORANDUM DATE October 27, 2023 TO: Land Use & Transportation Committee FROM: Keith Niven, Community Development Director Chaney Skadsen, Senior Planner SUBJECT: 2023 Annual Comprehensive Plan Amendments I. Financial Impacts There is no cost to the City for adopting the proposed comprehensive plan amendments; all time spent implementing the permitting aspects of the ordinance will be subsumed by existing staff. II. 13ackjZrou!id 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 city -initiated changes to chapters and maps of the comprehensive plan as part of the annual amendment process. 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, October 2022, April 2023, July 2023, and September 2023. The Growth Management Act (GMA, RCW 36.70A. I 30(2)(a)) limits plan updates to no more than once per year, except under limited circumstances identified in the statute. Therefore, generally the governing body must consider all proposals concurrently, so the cumulative effect of the various proposals can be ascertained. III. Procedural Summary Comprehensive Plan Amendment Process June 2, 2023: Issuance of Determination of Nonsignificance pursuant to the State Environmental Policy Act (SEPA) for comprehensive plan amendments to text, goals, policies, and maps to re -designation and rezone of Hillside Plaza and TC-3, and designate a Downtown Architectural Overlay. June 16, 2023: End of SEPA comment period related to comprehensive plan amendments to text, goals, policies, and maps to re -designation and rezone of Hillside Plaza and TC-3, and designate a Downtown Architectural Overlay. July 7, 2023: End of SEPA appeal period related to comprehensive plan amendments to text, goals, policies, and maps to re -designation and rezone of Hillside Plaza IV. and TC-3, and designate a Downtown Architectural Overlay. June 18, 2023: The City's SEPA Responsible Official issued an addendum to the SEPA decision to include additional amendments to comprehensive plan text related to TC-3 Redevelopment Plan. July 19, 2023: Planning Commission Briefing Meeting September 8, 2023: The City's SEPA Responsible Official issued a Determination of Nonsignificance for the proposed S 320th Street comprehensive plan amendments. September 15, 2023: Notice of Planning Commission Public Hearing September 22, 2023: End of SEPA comment period related to the proposed S 320th Street comprehensive plan amendments. October 4, 2023: Public Hearing before the Planning Commission October 6, 2023: End of SEPA appeal period related to the proposed S 320th Street comprehensive plan amendments. November 6, 2023: LUTC Council Committee November 21, 2023: City Council lst Reading December 5, 2023: City Council 2nd Reading Comprehensive Plan Amendments This annual update includes the following amendments to the comprehensive plan: 1. Amendments to the text, goals, and policies pertaining to the City Center, Downtown, TC- 3 Redevelopment Plan, and Commercial Enterprise zone; . 2. Designation of a Downtown Architectural Overlay; 3. Change to comprehensive plan designation and zoning of approximately 20 acres located north of S 316th Street between Pete von Reichbauer Way S and 23rd Ave S, parcel numbers 092104-9053 (Hillside Plaza), 857500-0010, 857500-0020, and 092104-9017 (TC-3, city owned property) from City Center Frame (CC-F) to City Center Core (CC-C); and 4. Change to comprehensive plan designation and zoning of approximately 19.05 acres of property owned by KC Fire Protection District 39 (South King Fire & Rescue) located on the north side of S 320th Street, east of I-5, parcels 551560-0005, 551560-0010, 551560- October 27, 2023 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments Page 2 0015, 551560-0020, 551560-0025, 551560-0026, 551560-0030, 551560-0035, 551560- 0090, and 551560-0091 from Multi -Family (RM2400) to Commercial Enterprise (CE). The above listed comprehensive pladamendments amend the Land Use, Economic Development, and City Center Chapters of the Comprehensive Plan as follows: A. Chapter 2 Land Use: The proposed map amendments to the Comprehensive Plan Designation Map and Zoning Map effectuate the change in designation and rezone TC-3 and Hillside Plaza from CC-F to CC-C, designate a Downtown Architectural Overlay and re -designate and rezone the South King Fire & Rescue property from RM2400 to CE. The proposed text amendment to Land Use Policy 38 relates to the South King Fire & Rescue re -designation and rezone. i. ,Amend Map II-1 — Comprehensive Plan Designation Map ii. Amend Map II-2 — Official Zoning Map iii. LUP 38 Do not allow heavy industrial uses on properties that adjoin low or moderate density residential zones. B. Chapter 4 Economic Development: The proposed text amendments relate to the TC-3 Redevelopment Plan and is responsive to changes in market demand and removes potential barriers. i. Amend text in Institutional, Educational, Cultural, Recreational Development and Tourism section: "The City is also in the planning stages for a 700-seat, 44,000 square foot Preforming Arts and Events Center (PAEC) and potential associated hotel, which will be built in the City Center. " (Page IV-13) ii. Amend text in The City's Role in the Economic Life of a Community section: For example, the City has acquired 17 acres in the downtown and will be embarking on developing a Town Center, ;p;= irrek efoup egfrpenent 9 including, but not limited to, the following potential components (See additional discussion in Chapter 7, City Center): • Four acres for a Performing Arts and Events Center (PAEC) (Town Center I). • Four acres for a park (Town Center II). • Eight acres for a hotel and potential development opportunities for office, medieal higher educational facilities, retail and restaurants, along with arts and entertainment venues. ht mitten—theiv is a smal4el- eemponewfier^flee owi!Wiena5(Town Center III). October 27, 2023 Page 3 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments • One acre for . "ei�id a multi -story parking garage owned and operated by Sound Transit (Town Center IV). C. Chapter 7 City Center: The proposed text amendments relate to the TC-3 Redevelopment Plan and is responsive to changes in market demand and removes potential barriers. The proposed amendments to the goals and policies amendments effectively require urban scale redevelopment that is land use efficient, improves the performance of the City Center -Core as a Regional Growth Center, promotes community character and embodies civic pride, enhances City Center image, cultivates vibrancy, and defines a Downtown. The proposed map amendments reflect the re -designation and rezone of TC-3 and Hillside Plaza and designate the Downtown Architectural Overlay. These map amendments are necessary to implement minimum development regulations and architectural standards that promote and enhance community character within the downtown boundary. i. Amend text in Role of the City Center in Federal Way's Future section (Page VII- 4): The City has acquired 17 acres in the downtown and will be embarking on developing a Town Center, whiek inelude6few-i's including but not limited to the following potential components: • Four acres for a Performing Arts and Events Center (PAEC) (Town Center I). • Four acres for a park (Town Center II). • Eight acres for a hotel and potential development opportunities for office, _•» , iea r office, higher educational facilities, retail and restaurants, along with arts and entertainment venues. hz a&iitien1te • & a ma'ler- (Town Center III). • One acre for eenter an a multi -story parking garage owned and operated by Sound Transit (Town Center IV). ii. Amendments to the goals and policies in their entirety are located in "Exhibit A" to the proposed ordinance. iii. Amend Map VII-1, City Cent&Vicinity Map iv. Amend Map VII-3, City Center Land Use Designations V. Amend Map VII-4, Current Land Use Map October 27, 2023 Page 4 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments vi. Amend Map VII-5, Town Center Development Site vii. Amend Map VII-6, Boundaries of Planned Action SEPA viii. Amend Map VII-7, The Concept Plan ix. Amend Map VII-8, Proposed Street Network X. Amend Map VII-9, Potential Location of Public Spaces and Pedestrian and Bicycle Connections xi. Amend Map VII-10, Potential Transit Alignment and Stops V. Public Comments Received The City received no comments during the SEPA comment period relating to the proposed amendments to text, goals, policies, and maps. As of the date of this staff report, no other public comments have been received. VI. 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. a. City Center Downtown Architectural Overlay. TC-3 and Hillside Plaza The purpose of these amendments is to ensure future development is consistent with and supportive of a mixed -use, dense, urban environment. It is anticipated that the amendments to the comprehensive plan are supportive of development regulations that ensure minimum density and intensity are achieved within the City Center -Core. There are no foreseeable or anticipated significant adverse impacts on the physical environment related to City Center development. The City Center is already zoned to accommodate mixed -use, dense, and urban style development, the amendments do not have additional impacts on the physical environment other than what is currently permitted. b. South King Fire & Rescue Propert There are no foreseeable or anticipated significant adverse impacts on the physical environment related to development on the property that would increase if it is rezoned to Commercial Enterprise. Regardless of zoning designation, the City has adopted codes and standards to protect the environment. There is a mapped wetland on the eastern parcel. Whether the property is zoned for commercial or multi -family residential, the same protections for the wetland will be followed. Similarly, any clearing on the property and tree retention will be unchanged whether the property is zoned for commercial or multi- family residential use. October 27, 2023 Page 5 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments (2) The effect on open space, streams, and lakes. a. City Center, Downtown Architectural Overlay, TC-3 and Hillside Plaza There are no lakes within this portion of the City Center. Although the proposed amendments envision achieving a more dense future for this area, the City has recently adopted a Park Impact Fee and made amendments to its Open Space code to ensure there are adequate open spaces available. Overall, the proposal will not have a significant effect on open space, streams, or lakes. b. South King Fire & Rescue Property There is a mapped Class II wetland on Parcel 551560-0030. There are no other known critical areas on the properties. The properties are not located within a regulated aquifer recharge area or wellhead protection area. The properties are not located within a flood hazard area. The property is currently undeveloped. There are no mapped lakes or streams on the property. The closest lake is Lake Dolloff which is approximately '/z mile to the north of the property. Mill Creek flows to the east of the properties and is approximately 1,800 feet to the east. There is not anticipated to be any direct or indirect impacts from this property to Lake Dolloff or Mill Creek. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. a. City Center, Downtown Architectural Overlay, TC-3 and Hillside Plaza The proposed amendments are informed by the existing and underperforming development pattern and surrounding neighborhoods of the Federal Way City Center. The designation of a Downtown Architectural Overlay, strengthened text, goals, policies and subsequent development regulations are designed to ensure future redevelopment is dense, urban style, and maximizes local and regional amenities and investments. Adjacent land uses such as the Federal Way Transit Center and the Federal Way Downtown LINK Light Rail Station scheduled to open in 2026 will benefit from these amendments by promoting transit - oriented development, improving access to transit and connectively across the region. The existing retail, services, restaurants, etc. will also benefit from the proposed comprehensive plan amendments through the anticipated increased activity generated from redevelopment. b. South King Fire & Rescue PrapertV The affected geographic area under these proposed amendments is currently designated Multi Family and zoned RM2400. The request from the property owner is to change the designation and zoning to Commercial Enterprise (CE) Surrounding Land Uses Zoning Current Use North R4 (King County zoning), R18P (King County zoning) Single family South Office Park 1 (OP-1) Office, vacant October 27, 2023 Page 6 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments East Office Park (OP), R18P (King County zoning) Fire station, apartments West Community Business (BC) Pape Kenworth truck service & sales The BPA transmission corridor provides a 250-foot buffer between these properties and the single-family homes to the north. The designation of this property for employment is compatible with the properties to the south and west. The multi -family residential to the east and this property will be adjacent to one another. Consideration will need to the made whether any buffers will be necessary as part of the land use permitting process. Access to the properties will be from S 320th Street. Final access (driveway locations) will be determined with project -level permits. The trip generation rate and timing for trips for commercial uses varies based on the use and will be different from what would have been generated by multi -family residential. Access to I-5 and S 320th Street are proximate to or adjacent to these properties. The applicant prepared a trip generation memo from TENW as part of the SEPA review for the rezone. The memo provided a range of trips that could be generated from the property following the rezone. Project -specific traffic analyses will be conducted with future land use permits and will determined whether any street improvements will be necessary to accommodate use of the properties. Non -motorized access to the property will be from S 320th Street and from the regional trail located in the BPA transmission corridor. (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. a. City Center, Downtown Architectural Overlay, TC-3 and Hillside Plaza Site and community -wide impacts of new development are evaluated for specific projects and mitigation — through payment of traffic, park, and school impact fees, frontage improvements, etc. In other words, currently existing City regulations will mitigate project -specific impacts. Overall, community facilities are adequate and this proposal will not significantly impact such community facilities. b. South King Fire & Rescue Property This property was expected to accommodate approximately 300 residential units. The impact of those residences on the street, utility, transit, and school systems was considered prior to its designation as multi -family. Should the property be rezoned to commercial, there will be less impact on schools and utilities. The impact on transit and roads will be dependent upon the specific land uses that would result from the rezone. The City has both a transportation concurrency system and a traffic impact fee that will go to ensuring there are no unmitigated adverse impacts to the transportation system. October 27, 2023 Page 7 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments Availability of utilities — Lakehaven Water & Sewer District provides water and sewer service to these properties. Although there is not sewer in S 320th Street across the frontage of these properties, there is sewer at both the southeast corner and northeast corner of these properties. Sewer extensions will likely be required with project development. The properties lie in the 578-water pressure zone. There are no mapped supply deficiencies for these properties. Commercial uses typically use less water than the current designation of multi -family residential. Water capacity issues will be determined with project permitting. Availability of public services — Police protection will be provided by the Federal Way Police Department. Should the properties be rezoned to Commercial Enterprise, future development will be required to comply with the City's Crime Prevention through Environmental Design (OPTED) standards. Fire service will be provided by South King Fire & Rescue. There is a fire station located at the southeast corner of the proposed properties to rezone. The properties are located in the Federal Way School District. A rezone to Commercial Enterprise would result in the generation of 0 children on the properties unless the properties are developed as Permanent Supportive Housing. (S) The benefit to the neighborhood, city, and region. a. City Center, Downtown Architectural Overlay, TC-3 and Hillside Plaza Neighborhood — The focus on promoting walkable blocks and planning for community interaction and congregation enhances the experience of being in the City Center -Core. These improvements are anticipated to foster a sense of community, bring people together, strengthen relationships, increase safety, and promote civic identity through placemaking. City — In the short term the forecasted development and redevelopment promotes local economic activity within the City Center -Core and stimulates the local economy. In the medium and long term these new developments add people to the City Center -Core and will support new and additional uses in the area such as restaurants, expanded entertainment options, night life, and opportunities to experience culture and art. The benefits of redevelopment and the ongoing local economic activity from an activated neighborhood bolsters revenue streams for essential city services which ensures a higher level of service and quality of life for all residents. Region - Approved by the Growth Management Planning Council (GMPC), the Federal Way City Center -Core was designated a Regional Growth Center in 1994. Regional growth centers (RGC) are locations of more compact, pedestrian -oriented development October 27, 2023 Page 8 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments with a mix of housing, jobs, retail, services, and other destinations. The region's plans identify centers as areas that should receive a significant share of the region's population and employment growth compared with other parts of the urban area, while providing improved access and mobility —especially for walking, biking, and transit. By expanding housing options and opportunities in proximity to transit, the City is not only meeting the unmet demands of a region in the midst of a housing crisis, but also using best practices to promote an urban environment that reduces congestion and reliance on automobiles. Moreover, the amendments benefit the region through leveraging public investments in transit for transit -oriented development and serve an important role by creating a destination within the County. b. South King Fire & Rescue Property The property owner has indicated that there are potential buyers for the property if it were to be rezoned. The property is owned by South King Fire & Rescue. They testified at the Planning Commission that proceeds from the sale of this property will be used for seismic retrofits of existing fire facilities. Facilitating the incorporation of safety measures into buildings housing first responders is a benefit to the neighborhood, city, and region. (6)The quantity and location of land planned for the proposed land use type and density and the demand for such land. a. City Center, Downtown Architectural Overlay, TC-3 and Hillside Plaza Quantity - The proposal to amend the comprehensive plan designation map changing the designation of TC-3 city -owned property and Hillside Plaza results in City Center - Core designated area increasing approximately 20 net acres from 200 acres to 220 acres. The Downtown Architectural Overlay boundary is comprised of approximately 112 acres. The area for the City Center -Core designation and Downtown Architectural Overlay is measured by following the exterior parcel lines of the boundary including right-of-way. Location — The City Center -Core designation is bound by Interstate 5 and Pacific Highway South and by 324th Street along the south and generally follows S 3161h Street to 23rd Ave S to S 3171h Street as the north boundary. The proposed City Center -Core designation amendment jogs the boundary north two blocks between Pete von Reichbauer Way S and 23rd Ave S to incapsulate TC-3 city -owned property and Hillside Plaza. Land Use Type — Currently, Chapter Two of the comprehensive plan describes the intent of establishing the City Center -Core is to create a higher density, mixed -use designation where office, retail, government uses, and residential uses are concentrated. The comprehensive plan amendments expand the objective of the City Center -Core as a vibrant and dynamic urban environment that blends various functions, encourages October 27, 2023 Page 9 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments sustainable transportation options through Transit Oriented Development, and an opportunity to promote civic pride and foster a strong sense of community. Density — Recognized as a Regional Growth Center, the City Center -Core has an anticipated intensity of development that achieves a density of 45 activity units per acre at a minimum, which a minimum mix of at least 15% planned residential and employment activity in the center. As part of the 2024 Periodic Update, the City is planning to accommodate 11,260 housing units and 20,460 jobs by 2044 and has forecasted the City Center -Core to accommodate approximately 3,100 future housing units with a conservative assumption of an average density of 80 units per acre. Demand — The City's Housing Action Plan, which was adopted in 2021, has highlighted a significant disparity between the rate of new housing construction in Federal Way and the escalating demand for housing. Between 2011-2019 Federal Way produced only 5.7 housing units for every 10 new households that formed in the city. This is the lowest level of production of any city in South King County. This divergence has given rise to an overall shortage in housing supply, subsequently resulting in low vacancy rates and limited options for prospective and current residents alike. The Sound Transit LINK Light Rail expected to begin operation in 2026 is anticipated to ignite a transformative era for the City Center. This revolutionary transportation system intertwines seamlessly with the urban fabric of the City Center, enhancing connectivity and convenience. In response to the evolving landscape and shifting preferences, individuals and families who gravitate towards an urban lifestyle are fueling the demand for expanded housing choices within the City Center -Core. b. South King Fire & Rescue Property In 2022, the City received a market report from Leland Consulting that indicated the highest and best uses for the City to attract currently are heavy commercial and multi- family. The City's CE zoning is predominantly south of S 336th Street. Rezoning this to Commercial Enterprise would allow for some uses north of S 336th Street that would benefit the City without allowing for them to be located in the City's City Center area. (7) The current and projected population density in the area. a. City Center, Downtown Architectural Overlay, TC-3 and Hillside Plaza The City Center -Core contains two residential building complexes: Traditions at Federal Way and Senior City. See Table 1 below for more information about the existing housing options within the City Center -Core. Table 1: Residential Location Size Ate Limitation in City Center -Core. ' Senior City Traditions at Federal Way 31635 23rd Ave S. Suite 100 62 units 62+ yea 31701 Pete von Reichbauer Way S 200 units 55+. October 27, 2023 Page 10 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments According to the data collected from the 2020 Census, that the population of the City Center - Core was approximately 213 people. This results in a density of approximately 1.09 people per acre. As part of the Periodic Update to the Comprehensive Plan 3,100 future residential units are projected for the City Center -Core area by 2044 resulting in a residential density of approximately 15.5 residential units per acre. Due to the relatively large average household size in Federal Way of about 2.7 people per unit, the projected populations density for the City Center -Core is expected to increase from the nominal 213 units to the upwards to over 8,500 people. b. South King Fire & Rescue Property. Rezoning the property to commercial would result in a higher daytime population of employees whereas leaving it multi -family would ensure a higher nighttime population. The property owner believes that the rezone will allow for a buyer to purchase the property resulting in a denser use than what exists currently. - (8) The effect upon other aspects of the comprehensive plan. a. City Center Downtown Architectural Overlay,TC-3 and Hillside Plaza The proposed amendments are consistent with the Federal Way Comprehensive Plan. Moreover, the proposed amendments assist in realizing the vision, goals, and policies of the Land Use, Transportation and Housing chapters. See Section VII.3 Compliance with FWRC 19.80.150 below. b. South King Fire &_Rescue Prop This rezone has been considered with the changes to goals, policies, and maps for the City Center. Since these properties abut one of the City's potential annexation areas, re - designation of this property,to commercial could affect decisions made regarding other properties that front S 320th Street at the time of annexation. There are currently 4 parcels east of these on the north side of S 320th Street before reaching the gas station at Military Road S. One parcel is the fire station, the 2nd is vacant, and the 3rd and 4th appear to be a wellness clinic. VII. Compliance with FWRC 19.75.130 Pursuant to FWRC 19.80.140, for site -specific comprehensive plan amendments, the provisions of FWRC 19.75.130(3)(a) shall also apply: (i) The proposed rezone is in the best interest of the residents of the city; and See the response to criteria 2 under FWRC 19.80.150. (ii) The proposed rezone is appropriate because either. - October 27, 2023 Page 11 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments (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; a. City Center, Downtown Architectural Overlay, TC-3 and Hillside Plaza Rezoning TC-3 and Hillside Plaza is appropriate as conditions in the immediate vicinity, specifically the highly anticipated Sound Transit LINK Light Rail Station scheduled to operate and serve the Federal Way community and region in 2026, have significantly changed such that a rezone is in the public interest. Leveraging the opportunity that access to sustainable high capacity transit within the immediate vicinity of the subject properties requires appropriate and suitable zoning as City Center Core (CC-C). b. South King Fire & Rescue Property Rezoning the property is appropriate as conditions in the immediate vicinity, specifically the annexation and development of the property to the west with a Pape Kenworth truck service and sales yard business, have significantly changed such that rezoning the South King Fire & Rescue property to a more intense, commercial zone such as CE is in the public interest. Given the separation to the north by the BPA transmission easement, these parcels relate more to the commercial use to the west and across S 320th Street to the south, than the residential uses north in unincorporated King County. (iii) It is consistent with the comprehensive plan; a. City Center, Downtown Architectural Overlay, TC-3 and Hillside Plaza The text, goal, policy, and map amendments are consistent with the comprehensive plan. See the evidence of support for such amendments in section VIII (3) (a) below. b. South King Fire & Rescue Property The rezone is coupled with the proposed re -designation of the comprehensive plan to Commercial Enterprise for the same properties. Whether approved or denied, this condition will be met. (iv) It is consistent with all applicable provisions of the title, including those adopted by reference from the comprehensive plan; and See response to FWRC 19.80.150(3). (v) It is consistent with the public health, safety, and welfare. October 27, 2023 Page 12 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments See response to FWRC 19.80.150(1). VIII. Compliance with FWRC 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; a. City Center Downtown Architectural Overla TC-3 and Hillside Plaza The proposed amendments, crafted to support the creation of a mixed -use, transit -oriented neighborhood and vibrant downtown near the future light rail station, have a substantial relationship to public health, safety, and welfare in several ways: Active Transportation and Physical Health — Planning for and the facilitation of mixed - use developments, pedestrian -friendly infrastructure, and urban style redevelopment in the City Center support active transportation, such as walking and cycling. This can lead to improved physical health for residents by promoting exercise, reducing sedentary behavior, and contributing to increased opportunities for an overall healthier lifestyle within an amenity rich area. Reduced Traffic Congestion and Sustainability — The emphasis on transit -oriented development reduces reliance on private and single occupancy vehicles, therefore decreasing traffic congestion and associated negative environmental impacts such as air pollution. A City Center with increased housing choices and convenient access to expanded mobility options provides for a more sustainable lifestyle. Social Interaction and Mental Health — Creating a vibrant and mixed -use City Center and downtown with public spaces encourages social interaction among residents and visitors. These spaces provide opportunities for community gatherings, cultural events, and socializing, which can have positive impacts on mental health by reducing feelings of isolation and promoting a sense of belonging. Placemaking and Access to Amenities — Mixed -use neighborhoods provide residents with easy access to a variety of amenities, including retail, dining, cultural venues, and entertainment. This reduces the need for long commutes and enhances quality of life, as individuals can fulfill their daily needs and engage in leisure activities without traveling far from home. Economic Opportunities and Well-being — Expanding opportunities for local businesses and entrepreneurship through mixed -use development supports economic growth and job creation. A thriving local economy contributes to the overall well-being of the community by providing employment opportunities and generating tax revenue for essential services. b. South King Fire & Rescue Property October 27, 2023 Page 13 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments The proposed designation is buffered from the adjacent single-family residential uses to the north by the BPA power corridor. Since development of these properties will include driveways onto S 320th Street, commercial uses will likely result in an opportunity to consolidate and share driveway locations. (2) The proposed amendment is in the best interest of the residents of the city. a. City Center, Downtown Architectural Overlay, TC-3 and Hillside Plaza The proposed policies for promoting a mixed -use, transit -oriented neighborhood in a downtown near a future light rail station are in the best interest of the residents of the city for several reasons: Enhanced Quality of, Life — Creating a dynamic downtown with mixed -use developments provides residents with convenient access to a range of amenities such as shops, restaurants, entertainment venues, and cultural attractions. A central gathering place enriches their daily lives by offering a cluster of diverse options for leisure and recreation without the need to drive long distances. Reduced Commuting Stress — By encouraging transit -oriented development, residents have the option to rely less on private or single occupancy vehicles and the limited parking capacity at the transit station parking garage. In turn these residents experience reduced commuting stress, shorter travel times, decreased congestion, and less frustration, which contribute to an improved overall quality of life. Civic Identity and Pride — An activated public realm and defined downtown with cultural attractions, community events, and space for programed and informal recreation fosters civic pride and a sense of identity among residents. Raising the standards and anticipation of future development through adopting intentional design and architectural standards promotes the unique community character of the built environment and influences how people experience the area and how the city is perceived. Vibrant Community Spaces — The promotion and creation of public spaces and gathering areas within the City Center fosters a strong sense of community. Residents can engage in social interactions, participate in events, and connect with neighbors, which strengthens social bonds and enhances their sense of belonging. b. South Icing Fire & Rescue Property The proposed rezone and change of designation will allow the properties to be utilized for employment -generating uses. Although the City needs more housing production, this location, given its proximity to I-5 and S 320th Street, will serve as a better location for employment. (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. October 27, 2023 Page 14 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments The comprehensive plan amendment under consideration is consistent with the following goals of RCW Chapter 36.70A.020 of the Growth Management Act (GMA). The following goals and policies are not listed in order of priority: a. City Center, Downtown Architectural Overlay, TC-3 and Hillside Plaza LUP9 Support a diverse community comprised of neighborhoods that provide a range of housing options; a vibrant City Center; well designed and functioning mixed -use, commercial and office areas; and distinctive neighborhood retail areas. LUG4 Provide a wide range of housing types and densities commensurate with market demand, adopted housing targets, and the community's needs and preferences. LUP 20: Allow and encourage a variety of multi -family housing types in designated commercial areas, especially in the City Center Core and City Center Frame 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. TP3.11 Incorporate pedestrian and bicycle features as design elements in the City Center as reflected in the Federal Way Comprehensive Plan Vision and City Center Street Design Guidelines. HG4: Proactively plan for and respond to trends in housing demand. HP12: The FWRC and Land Use chapter of the FWCP will be coordinated to facilitate locating housing affordable to low-income, very low-income, and special needs households throughout the City, especially around the City Center and other areas that provide proximity to employment, safe and convenient access to transportation and human services, and adequate infrastructure to support housing development. HP13: Continue to use design guidelines to ensure that new and infill developments have aesthetic appeal and minimize impacts on surrounding development. b. South King Fire & Rescue Property EDP2 Periodically monitor local and regional trends to be able to adjust plans, policies, and programs. EDG2 Help attract, expand, and retain businesses, jobs, and investments that provide employment and enhance income opportunities for Federal Way residents. October 27, 2023 Page 15 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments EDP6 Provide abetter balance between housing and jobs by increasing the number of jobs within the City relative to the number of households. EDP8 Promote the redevelopment of existing underdeveloped areas as a means to sustain the economy and provide jobs. EDP13 Support existing industrial employers and addition of new industrial employers that contribute to the diversity of the City's employment base and support other industries in the City. 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. LUP35 Allow a broad range of commercial, retail, office, industrial, and supportive uses to meet the needs of workers and consumers, in well integrated, well -functioning, high quality developments. IX. Planning Commission Recommendation The Planning Commission conducted a Public Hearing on October 4, 2023. There were no public comments regarding the proposed Comprehensive Plan text, goals, policies, or map amendments. Following Commission discussion and deliberations, the Planning Commission forwarded the proposed amendments to the City Council with a recommendation of approval. X. Staff Recommendation Staff recommend approving the proposed amendments, as forwarded by the Planning Commission. October 27, 2023 Page 16 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments ORDINANCE NO. 23- AN ORDINANCE of the City of Federal Way, Washington, amending the Federal Way Comprehensive Plan, the Comprehensive Plan Map, and Zoning Map; designating a Downtown Architectural Overlay; changing the Comprehensive Plan designation and zoning of approximately 20 acres located north of S 316th Street between Pete von Reichbauer Way S and 23rd Ave S, from City Center Frame (CC- F) to City Center Core (CC-C); and changing the Comprehensive Plan designation and zoning of 19.05 acres of land located on the north side of S 320th Street, east of 1-5, from Multi -Family (RM2400) to Commercial Enterprise (CE). (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, 22-938 23-954, 23-956 and 23-967) 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 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, 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, October 12, 2022, April 4, 2023, July 14, 2023, and September 5, 2023; and Ordinance No. 23- Page 1 of 38 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 WHEREAS, under RCW 36.70A.130, the Comprehensive Plan and development regulations are subject to continuing review and evaluation, but the Comprehensive Plan may generally be amended no more than one time per year; and WHEREAS, in 2023 the City initiated 4 amendments to the Comprehensive Plan including (1) amendments to text, Goals, and Policies pertaining to the City Center, Downtown, TC-3 Redevelopment Plan, and Commercial Enterprise zone; (2) designating a Downtown Architectural Overlay; (3) a change in designation and zoning of approximately 20 acres located north of S 316th Street between Pete von Reichbauer Way S and 23rd Ave S, parcel numbers 092104-9053 ("Hillside Plaza"), 857500-0010, 857500-0020, and 092104-9017 ("TC-3") from City Center Frame (CC-F) to City Center Core (CC-C); and (4) a change in designation and zoning of property owned by KC Fire Protection District 39 ("South King Fire & Rescue") on S 320th Street, parcels 551560-0005, 551560-0010, 551560-0015, 551560-0020, 551560-0025, 551560-0026, 551560- 0030, 551560-0035, 551560-0090, and 551560-0091 ("South King Fire & Rescue Property") from Multi -Family (RM2400) to Commercial Enterprise (CE); and WHEREAS, on June 2, 2023, the City's SEPA Responsible Official issued a Determination of Nonsignificance ("DNS") on the proposed (1) comprehensive plan text amendments; (2) Downtown Architectural Overlay; and (3) re -designation and rezone of Hillside Plaza and TC-3; and WHEREAS, on July 18, 2023 the City issued an addendum to the June 2, 2023, DNS to include additional comprehensive plan text amendments; and Ordinance No. 23- Page 2 of 38 WHEREAS, on September 8, 2023, the City's SEPA Responsible Official issued a DNS for the proposed re -designation and rezone of the South King Fire & Rescue Property; and WHEREAS, the SEPA Determinations were not timely appealed; and WHEREAS, the City's Planning Commission held a public hearing to consider the proposed amendments on October 4, 2023, pursuant to the provisions of FWRC 19.80.190, at the close of which the Planning Commission recommended the City Council approve (1) the comprehensive plan text amendments; (2) designation of the Downtown Architectural Overlay; (3) re -designation and rezone of Hillside Plaza and TC-3; and (4) re -designation and rezone of the South King Fire & Rescue Property; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered the Planning Commission's recommendation at its November 6, 2023, meeting and forwarded the proposed amendments to the City Council; and WHEREAS, the City Council, through its staff and Planning Commission, received. - discussed, and considered the testimony, written comments, and all materials submitted by the public, and considered the matter at its meetings on November 21, 2023, and December 5, 2023; and WHEREAS, the City Council, having considered the cumulative impact of all of the proposed Comprehensive Plan amendments, desires to approve the (1) comprehensive plan text amendments; (2) designation of the Downtown Architectural Overlay; (3) re -designation and rezone of Hillside Plaza and TC-3; and (4) re -designation and rezone of the South King Fire & Rescue Property. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 23- Page 3 of 38 Section 1. Findings and Conclusions. The City Council of the City of Federal Way makes the following findings and conclusions with respect to the proposed amendments: (a) The recitals set forth above are hereby adopted and restated as findings of fact. (b) The proposed text amendments, as set forth in Exhibits A and C, pertaining to the City Center, Downtown, and TC-3 Redevelopment Plan are consistent with the Council vision for the City, improve predictability for future development, curate civic identity, are responsive to market realities, and remove potential barriers to the redevelopment of TC-3, and 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. (c) The proposed text amendment, as set forth in Exhibit B, pertaining to the South King Fire & Rescue Property is consistent with the Council vision for the City, provides greater clarity and specificity to the existing policy, and better aligns the policy with implementing development regulations in FWRC; and therefore bears a substantial relationship to public health, safety, and welfare; is in the best interest of the residents of the City; and is consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies, and the unamended portion of the Plan. (d) The proposed amendments to the Comprehensive Plan map and Zoning map pertaining to the Downtown Architectural Overlay and re -designation and rezoning of Hillside Plaza and TC-3 from City Center Frame (CC-F) to City Center Core (CC-C), and accompanying amendments to various maps in the City Center Chapter of the Comprehensive Plan, as set forth in Exhibits D N, are consistent with the Council vision for the City of Federal Way. Designating a Downtown Architectural Overlay, and re -designation and rezoning of Hillside Plaza and TC-3 Ordinance No. 23- Page 4 of 38 from City Center Frame (CC-F)' to City Center Core (CC-C) are necessary to improve predictability of future development, curate civic identity in the City Center Core, support the creation of a mixed -use, transit -oriented neighborhood and vibrant downtown around the future light rail station, and help to provide residents with convenient access to a range of amenities such as shops, restaurants, entertainment venues, and cultural attractions, thus enhancing their quality of life. As a result, the proposed amendments to the Comprehensive Plan map and Zoning map, and accompanying amendments to various maps in the City Center Chapter of the Comprehensive Plan, as set forth in Exhibits D N, 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. Specifically, the proposed amendments to the Comprehensive Plan map and Zoning map, and accompanying amendments to various maps in the City Center Chapter of the Comprehensive Plan pertaining to the Downtown Architectural Overlay and re -designation and rezoning of Hillside Plaza and TC-3 from City Center Frame (CC-F) to City Center Core (CC-C) are consistent with the following comprehensive plan goals and policies: LUP9 Support a diverse community comprised of neighborhoods that provide a range of housing options; a vibrant City Center; well designed and functioning mixed -use, commercial and office areas; and distinctive neighborhood retail areas. LUG4 Provide a wide range of housing types and densities commensurate with market demand, adopted housing targets, and the community's needs and preferences. LUP 20 Allow and encourage a variety of multi -family housing types in designated commercial areas, especially in the City Center Core and City Center Frame Ordinance No. 23- Page 5 of 38 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. TP3.11 Incorporate -pedestrian and bicycle features as design elements in the City Center as reflected in the Federal Way Comprehensive Plan Vision and City Center Street Design Guidelines. HG 4 Proactively plan for and respond to trends in housing demand. HP12 The FWRC and Land Use chapter of the FWCP will be coordinated to facilitate locating housing affordable to low-income, very low-income, and special needs households throughout the City, especially around the City Center and other areas that provide proximity to employment, safe and convenient access to transportation and human services, and adequate infrastructure to support housing development. HP13 Continue to use design guidelines to ensure that new and infill developments have aesthetic appeal and minimize impacts on surrounding development. Additionally,, the rezone of Hillside Plaza and TC-3 is appropriate because conditions in the surrounding area, specifically the pending opening of the Sound Transit LINK Light Rail Station, have significantly changed such that a rezone is in the public interest. (e) The proposed amendments to the Comprehensive Plan map and Zoning map pertaining to the re -designation and rezoning of the South King Fire & Rescue Property from Multi -Family (RM2400) to Commercial Enterprise (CE), as set forth in Exhibits D and E, are consistent with the Council vision for the City of Federal Way. Re -designation and rezoning of the South King Fire & Rescue Property from Multi -Family (RM2400) to Commercial Enterprise (CE) Ordinance No. 23- Page 6 of 38 will help to facilitate development of currently vacant property, and will allow for uses that will generate employment opportunities for the City. As a result, the proposed amendments to the Comprehensive Plan map and Zoning map, as set forth in Exhibits D and E, 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. Specifically, the proposed amendments to the Comprehensive Plan map and Zoning map pertaining to re -designation and rezoning of the South King Fire & Rescue Property from Multi -Family (RM2400) to Commercial Enterprise (CE) are consistent with the following comprehensive plan goals and policies: EDP2 Periodically monitor local and regional trends to be able to adjust plans, policies, and programs. EDG2 Help attract, expand, and retain businesses, jobs, and investments that provide employment and enhance income opportunities for Federal Way residents. EDP6 Provide abetter balance between housing and jobs by increasing the number of jobs within the City relative to the number of households. EDP8 Promote the redevelopment of existing underdeveloped areas as a means'to sustain the economy and provide jobs. EDP13 Support existing industrial employers and addition of new industrial employers that contribute to the diversity of the City's employment base and support other industries in the City. 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. Ordinance No. 23- Page 7 of 38 LUP35 Allow a broad range of commercial, retail, office, industrial, and supportive uses to meet the needs of workers and consumers, in well integrated, well - functioning, high quality developments. Additionally, the rezone of the South King Fire & Rescue Property is appropriate because conditions in the surrounding area, specifically the annexation and development of the Pape Kenworth property directly to the west, have significantly changed such that a rezone is in the public interest. (f) The proposed amendments have complied with the appropriate process under state law and FWRC. Section 2. Comprehensive Plan Comprehensive Plan Ma and Zoning Ma 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, 2022, and 2023, copies of which are on file with the Office of the City Clerk, the comprehensive plan maps, and the zoning map, are amended as set forth in Exhibits A—N, attached hereto. Section 3. Amendment Autliority. The adoption of plan and map amendments identified in Section 2 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to FWRC Chapters 19.75 and 19.80. Section 4. 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. Ordinance No. 23- Page 8 of 38 Section 5. Savings Clause. 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, 2022, and 2023 shall remain in full force and effect until these amendments become operative upon the effective date of the ordinance. Section 6. 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 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. 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 2023. [signatures to follow] Ordinance No. 23- Page 9 of 38 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 10 of 38 Exhibit List Exhibit A. Chapter Seven — City Center Text Amendments Exhibit B. Chapter Two — Land Use Text Amendments Exhibit C. Chapter Four — Economic Development Text Amendments Exhibit D. Comprehensive Plan Map Designations Exhibit E. Official Zoning Map Exhibit F. Map VII-1, City Center Vicinity Map Exhibit G. Map VII-3, City Center Land Use Designations Exhibit H. Map VII-4, Current Land Use Map Exhibit I. Map VII-5, Town Center Development Site Exhibit J. Map VII-6, Boundaries of Planned Action SEPA Exhibit K. Map VII-7, The Concept Plan Exhibit L. Map VII-8, Proposed Street Network Exhibit M. Map VII-9, Potential Location of Public Spaces and Pedestrian and Bicycle Connections Exhibit N. Map VII-10, Potential Transit Alignment and Stops Ordinance No. 23- Page 11 of 38 CHAPTER SEVEN - CITY CENTER 7.2 THE ROLE OF THE CITY CENTER IN FEDERAL WAY'S FUTURE There are several reasons why a definable, vital City Center is an important part of Federal Way's future. These include: Revised 2945 2023 Community Support — The Federal Way community has made the City Center a significant part of its vision. Participants in community workshops helped to develop a vision for Federal Way's future. A keystone of that vision is an attractive, multi -faceted City Center providing the setting for commercial, residential, entertainment, recreational, and civic activities. Economic Development — Federal Way's economic development strategy relies on a strong urban center. As discussed in the Chapter 4, "Economic Development," Federal Way has the opportunity to transform itself from an essentially residential and retail based economy to an emerging, sub -regional economic center with an expanded, more diversified employment base. An important step in achieving this goal is a sufficient critical mass in the City Center to produce lively street activity; support specialty business and cultural/entertainment facilities; justify the investment for public parks, amenities, and improved transportation systems; and create the interactive "synergy" of a true urban center. Federal Way's economic development strategy with the development of Town Center I, II, III, and IV as described below, and shown in Figure VII-1 will greatly contribute to such a critical mass. The City has acquired 17 acres in the downtown and will be embarking on developing a Town Center, including, but not limited to, the following potential components: • Four acres for a Performing Arts and Events Center (PAEC) (Town Center I). • Four acres for a park (Town Center II). • Eight acres for a hotel and potential development opportunities for office, effiee, higher educational facilities, retail and restaurants, along with arts and entertainment venues. In addition, there is a smaller eempenent for- effiee institutional spoee (Town Center III). • One acre for axd-a multi -story parking garage owned and operated by Sound Transit (Town Center IV). Natural Evolution — The development of a more intensive, multi -use urban center is a natural step in Federal Way's evolution. Most new centers start out as bedroom communities. Growth Management — Developing a City Center is part of a regional strategy to address Western Washington's growth management. Public policy makers have focused increased attention on issues affecting our quality of life, including urban sprawl and the accompanying reduction of open space, declining housing affordability, and increasing traffic congestion. Concentrating future growth within the four county region into a number of centers (rather than a continued pattern of dispersion), linked by an efficient high capacity transit system, is one of the principal goals to manage this growth. VII-4 Ordinance No. 23- Page 12 of 38 FWCP - Chapter Seven, City Center 7.7 GOALS AND POLICIES The following goals provide overall direction to policy makers and community members when making choices about growth and development within Federal Way's City Center. General Goals Revised 29,14 2023 CCGI 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. CCG2 Attract a regional market for high quality office and retail uses which increases employment opportunities, adds to the City's tax base, and establishes Federal Way's City Center as an economic leader in the South King County region. CCG3 Foster distinct districts within the City Center, defining the roles and characteristics of each such district. CCG4 Foster a lively, appealing attfaetive, and sa& plaid to live, u er-,rand si . secure environment for living, working, and visiting by promoting a mix of compatible land uses. Emphasise the importance of a blend of activities and functions that meet community needs. CCG5 Concentrate efforts on enhancing the existing character and image of the City Center:, to create an attractive, inviting, and appealingurban landscape. CCG6 Expand €aeeufage housing egper ies options in commercial/residential mixed -use settings. Promote housing opportunities close to employment. CCG7 Promote diverse housing options. including affordable housing, to all eeene 3 fthe " ..'. ie ft e f ws state and encourage preservation of existing housing stock. CCG8 Establish le%,elep land use pa#eFns policies and development regulations that concentrate higher densities and mixed -use developments near accessible transit that will encourage less dependency on the single occupant automobile. CCG9 Provide a balanced transportation network that accommodates public transportation, high occupancy vehicles, pedestrians, bicyclists, automobiles, and integrated parking. CCG10C�eate Facilitate an environment that attracts high quality housing, .,ewa—Aer-e;..' - and effirie as development through public projects and gaaiinue to e.,r r^o VII-24 Ordinance No. 23- Page 13 of 38 FWCP — Chapter Seven, City Center enforcinr� requirements for quality design in buildings, streetscape, and site planning. CCGHAdont Create pakeies regulations that require to eneeufage more efficient use of parking facilities and allow for to fq,;* new, innovative, and creative parking solutions. Hi,Yh Performing, Regional Growth Center Goal CCG12Feeus Actively concentrate new growth in the City Center and-allew to achieve growth targets and foster a mix of land uses that generate a diverse and dense area of regional importance. . Policies Revised 2045 2023 CCP12.1 Support a concentration of uses within the City Center to create a financial, retail, business, civic, and cultural hub of for Federal Way. CCP12.2 Require new develo ment in the City Center to meet minimum standards for scale, intensity, -and design to optimize infrastructure investment, maximize proximity to amenities and enhance community character CCP12.3 Gefftime te suppW land use Plan for and require, through development regulations that allow ewe 1,igbe intmsity development e o , er the next 15 to develapment standards. a development pattern of compact neighborhoods that include housing choices at appropriate urban densities, diverse commercial and employment opportunities, and other urban facilities that are convenient to access and com Iement the use of public trans oration to reduce reliance on single occupant vehicle travel for daily activities. resideMs and employees within the eenw. CCP12.46Utilize the SEPA Planned Action to provide streamlined permit review in the City Center in order to accelerate progress towards meeting the vision. CCP12.56Work with urban service providers to ensure sufficient capacity is available for development. CCP12.67-Miew Plan for and incentivize a variety of uses within the City Center a*d . Ensure that mixed -use development incgMorates community amenities that enhances the character of the surrounding residential and commercial areas. VII-25 Ordinance No. 23- Page 14 of 38 FWCP — Chapter Seven, City Center CCP12.78-Provide incentives to encourage residential development in City Center. CCP12.81 Promote the siting of cultural and civic uses within the City Center. The City should always consider City Center sites in siting analyses and decisions regarding potential civic and cultural uses that it develops. In addition, incentives should be explored that could attract cultural and civic uses over which the City does not have direct control. CCP12.91 A Adopt land use regulations that eneaurage ensure redevelopment in the City Center, achieves to wommed higher -density residential uses accompanied by residentially oriented retail and service uses: consistent with regional growth center criteria. CCP12.1 11 Genfinue te previde flan For. fund, and acquire the amenities necessary to enhance the quality of life for residents and visitors including but not limited to spaces for community gathering, interaction, recreation, and enjo3 nseFvieesent: > pafks, and publie spaces to meet residential a CCP12.114-2-Continue to ensure effective transitions between frame area development and nearby lower -intensity development. Design a Dynamic Downtown Goal CCG13 Cultivate a dynamic and thriving downtown that serves as the vibrant social, cultural, and economic heart of the community, and promotes a distinct community character and civic identi1y. Policies Revised 28t5 2023 CCP13.1 Establish a Downtown Architectural Overlay to establish a clear downtown boundary that fosters a sense of place. CPP13.2 Promote a cohesive Downtown character through adoption of recognizable architectural and streetsca a desi standards and development regulations that both reflect the uni ue character and histM of the community, and create an . inviting and memorable environment. CPP13.3 Foster Partnerships between the Ci rivate sector, and cpmmunity organizations to facilitate the development of community -oriented events, festivals, and cultural activities in the downtown that bring residents and visitors together and contribute to the downtown vibranGY VII-26 Ordinance No. 23- Page 15 of 38 FWCP — Chapter Seven, City Center Goal CCG14 Preserve natural assets, such as views from civic buildings and uses, like the Perfbnning Arts and Events Center, for the enjoyment of the community. Policies CCP14.1 Adopt regulations for view rotection of scenic vistas. Public Spaces and Community Facilities Goal CCG165 Make the City Center an inclusive hub for community local entrepreneurship, and cultural celebrations to foster a strong sense of identity and belonging among residents, businesses, and visitors, and to promote civic pride. Policies CCP15.1 Promote a diversity of public and privately funded recreational and cultural facilities throughout the Ci Center. Promote partnerships between the Qijy and other agencies, private organizations, and individuals to develop and meet the needs of the community for these types of facilities. CCP15.2 Prioritize the creation Ofpedestrian-friendly infrastructure, such as wide sidewalks edestrian crossingE. and street fumiture to create an environment that encourages walking, exploration, and interaction among residents and visitors. CCP15.3 Acquire land necessary to pmvide a broad ranize of development opportunities_ throughout the City Center. Multimodal Transposition Network and Suppordye Development Pattern Goal CCG16 Encourage the development of a higher -density, mixed -use City Center that in turn will reduce kin demand or square foot or per unit. Policies Revised 245 2023 CCP16.1 Identify opportunities to facilitate public and private gArking structures elow or above ground) in lieu of surface parking. VII-27 Ordinance No. 23- Page 16 of 38 FWCP — Chapter Seven, City Center CCP16.2 Adapt development regulations that strictly limit surface ❑arkine and promote the provision of structured parking: CCP16.3 Buffer parking areas to increase compatibility between surrounding uses. For larger lots, provide substantial landscaping, special lighting andpedestrian walkways. CCP16.4 Site and orient buildings and parking to allow redevelopment of surface parking. CCP16.5 Allow on -street parking to create a buffer between pedestrians and traffic, depending on street characteristics and role within the City Center. On -street parking should be viewed as a component of the parking supply for the area. CCP16.6 Encourage shared parking between uses to maximize the use of available parking within the City Center. CCP16.7 Encourage new development to include active ground_floor uses such as retail, community services, office space, and restaurants. Goal CCG17 Maintain street designations that reinforce the unique characteristics of the City Center. Policies CCP17.1 Continue to acouire ripht-of-way. orimariiv through dedication from development, to comgIete and enhance the street network. CCP17.2 Continue to design streets as public spaces, with appropriatepedestrian amenities, trees, sidewalks, bicycle paths, transit services, street fumitu_r_e, and trash receptacles; CCP17.3 Continue to construct streetscape improvements as an integral component of any roadway improvement. CCP17.4 Encourage buildings to front or face -public rights -of way, providing clear_paths from the sidewalk to all entries. CCP17.5 Do not widen any streets except for SR-99 and South 320' Street to more than five lanes. CPP17.6 Continue to look for opportunities such as the dedication of the flaipoles and the renaming of the downtown stretch of South 320t' Street as Memorial Way to reflect local values and create a unique community_ character. Goal Revised 2M 2023 VII-28 Ordinance No. 23- Page 17 of 38 FWCP - Chapter Seven, City Center CCG4-318 Improve the flow of vehicular traffic through the City Center and minimize increases in congestion. Policies CCP47318.1 Improve traffic flow around and through the City Center by extending the street network, creating smaller blocks, and completing the ring road along the west edge of the City Center. CCP-1418.2 Reduce congestion by supporting the Commute Trip Reduction Act. Develop commuting alternatives to single occupancy vehicles, including transit, walking, and bicycling. Goal CCG149 Promote and facilitate the effective use of non -motorized transportation. Create a safe, efficient, and enjoyable pedestrian and bicycle system. Policies CCP169_1 Emphasize pedestrian and bicycle circulation, as well as other travel modes in all aspects of developing the City Center transportation system. Include public sidewalks, wayfinding,_ street trees, and other pedestrian amenities for streets. CCP169.2 Establish design standards for nedestrian-friendly. transit -Oriented development and other transit -supportive planning that orients land uses around transit !•,...+isee to eF o and re fifie zoning ede site plaHE wind- st*eet dsesig�i standards, as neeessmy, to establish and produces_a more safe, enjoyable, and convenient environment for pedestrians and bicyclists.e-ftiendly eaireent. CCP189_3 Provide pedestrian connections between adjacent buildings where possible to provide for streetscape continuity and develop clear and safe pedestrian paths through large parcels to enhance the pedestrian network. CCP19.4 Continue to site and screen parking lots to minimize impact on the pedestrian environment. CCP3019.5 Connect the main entry of buildings to public sidewalks by a clear, identifiable walkway. CCP2419.6 Encourage transit use by improving pedestrian and bicycle linkages to the existing and future transit system, and by improving the security and utility of park -and -ride lots and bus stops. CCP3219.7 Establish clear and well -marked pedestrian crossings to reach transit facilities and other uses at a maximum spacing of 660 feet. Revised 294-5 2023 VIR9 Ordinance No. 23- Page 18 of 38 FWCP — Chapter Seven, City Center CCP2319.8 Connect Celebration Park and Steel Lake Park via a pedestrian/bicycle pathway bisecting the City Center. Orient buildings, urban open spaces, plazas, etc., to pathways where feasible. CCP2419.9 Continue to improve the pedestrian/bicycle circulation along South 320' Street and Pacific Highway South. Goal CCG41520 Work with transit providers to develop a detailed HCT plan for the City Center. Identify facilities, services, and implementation measures needed to make transit a viable and attractive travel mode. Tailor the plan to meet local needs through rapid transit, express buses, and/or demand -responsive service. Policies CCP20_15 Continue to focus transportation investments to support transit and pedestrian/ bicycle -oriented land use patterns. CCP20_26 Participate actively in regional efforts to develop an HCT system to serve the City Center. CCP20_3-7 Establish the most intensive levels of transit service to the City Center area. CCP20_48 Integrate any transit system with existing or new road rights -of -way. CCP20_59 Integrate the high capacity transit system with other transportation modes serving Federal Way and the region. CCP230.6 Integrate bicycle and pedestrian facilities with, and connect to, high capacity transit facilities during right-of-way acquisition and facility design. P-M-1 Revised 245 2023 .7.r.�ra ■�� r.�rr_ rsn r1rs� �� t�xrr��r_ ererr_�r_�sen � r:��r� VII-30 Ordinance No. 23- Page 19 of 38 FWCP — Chapter Seven, City Center .s-, lighting, and walkways. pedestrian obetween and -=pede.iu axaua uu.fi: T Goal CCC4821 Plan for land use patterns and transportation systems that minimize air pollution and greenhouse gas emissions. Policies CCP21.1-1 Continue to build a multimodal transportation system, as described in Chapter 3, "Transportation," so that people who live and work in Federal Way have a variety of convenient low -or no -emission transportation options. CCP21.240 Continue to promote commute trip reduction strategies as a way to reduce air pollution and greenhouse gas emissions. Goal Revised 294.5 2023 VII-31 Ordinance No. 23- Page 20 of 38 FWCP — Chapter Seven, City Center CCG224-9 As part of new development or redevelopment, encourage the use of innovative techniques such as Low Impact Development. Policies CCP22.14-1 Encourage the use of low impact development stormwater facilities, or use other similar stormwater management techniques to promote aquifer recharge. CCP22.242 Establish land use and building controls to use stormwater infiltration, such as low impact development and green stormwater infrastructure techniques wherever feasible, and to minimize the amount of impervious surface created by development. P-MM Ge}g Revised 24& 2023 T . . W. .WF rsearr� VII-32 Ordinance No. 23- Page 21 of 38 FWCP — Chapter Seven, City Center Revised 28?5 2023 VII-33 Ordinance No. 23- Page 22 of 38 CHAPTER TWO _ LAND USE Commercial Enterprise The Commercial Enterprise (CE) designation was developed from the former Business Park (BP) designation, in order to meet changing market conditions, as indicated by City market studies and by numerous rezone requests. The CE designation is primarily intended to capture the demand for a diverse mix of industrial, office, and retail sales and services, arrayed in well integrated, high quality developments. Housing is not contemplated for this designation. The CE designation encompasses areas located generally south of South 339' Street, north of South 359`h Street, and west of the Interstate-5/SR- 18 interchange. Presently, these areas are characterized by bulk/big box retailers such as Costco and Home Depot; "destination' retail/commercial centers such as Federal Way Crossings and Marketplace; and light manufacturing and warehouse uses; whose convenient access to Interstate-5 and Highway 18 provide a natural location for such development. The area also includes some large undeveloped and underdeveloped parcels. Goal LUG5 Develop a quality commercial enterprise environment characterized by a viable, vibrant, and attractive mix of commercial, retail, office, industrial, and supportive uses and utilize locational and design criteria to ensure compatibility between uses. Policies LUP35 Allow a broad range of commercial, retail, office, industrial, and supportive uses to meet the needs of workers and consumers, in well integrated, well -functioning, high quality developments. LUP36 Require development to be compatible and well integrated into its surroundings and adjacent zones through site and building design and development standards that reduce or eliminate land use conflicts and nuisance impacts; ensure project aesthetics; promote sharing of public facilities and services; and improve vehicular and pedestrian traffic flow and safety, including access control and off-street interconnectivity between adjoining properties where feasible. LUP37 Allow general and specialty retail uses that serve the needs of people employed or residing in the local area, as well as "destination" retail and wholesale businesses that may serve a Revised 24�& 2023 EXHIBIT B Ordinance No. 23- Page 23 of 38 FWCP — Chapter Two, Land Use broader consumer base vis-a-vis the area's convenient access to Interstate 5 and Highway 18. LUP 38 Do not allow heavy industrial uses on properties that adjoin low or moderate density residential zones. Revised 204-5 2023 Ordinance No. 23- Page 24 of 38 EXHMn T C CHAPTER FOUR — ECONOMIC DEVELOPMENT Institutional, Educational, Cultural, Recreational Development and Tourism Revised 294 2023 The City boasts a number of outstanding health care facilities, including St. Francis Hospital, Virginia Mason Clinic, and Group Health. This growing medical sector includes Total Renal Care Inc. (DaVita) and Children's Hospital, which is expected to open in 2015. Built in 1998, the Knutzen Family Theatre provides a venue for professional theatre and the symphony. A City owned/operated Community Center, which offers a wide variety of classes and recreational facilities, was constructed in 2007. The Federal Way Parks, Recreation, and Cultural Services Department offers a summer concert series at Steel Lake Park. Each year, Federal Way's July 4t' Red, White, and Blues festival is held at Celebration Park,. Tourist attractions in Federal Way include Wild Waves Theme Park which has a regional draw during the summer; the King County Aquatic Center, which hosts national swim meets; Celebration Park where the nationally acclaimed tournament soccer and baseball facilities draw tourist activities; the Pacific Bonsai Museum, which features outstanding bonsai from the Pacific Rim nations of Canada, China, Korea, Taiwan, and the United States; the Rhododendron Species Botanical Garden, home to one of the largest collections of species of rhododendrons in the world; PowellsWood Garden, which includes seven distinct gardens separated by hedges; the City -owned Dumas Bay Centre, which offers meeting rooms and overnight accommodations in a spectacular natural setting with stunning views of Puget Sound and the Olympic mountains; West Hylebos Wetlands Park, a 120 acre wetland park with a large trail and boardwalk network; the Brooklake Community Center, which potentially could be connected to the West Hylebos Wetlands Park by extension of the boardwalk, and could also include an educational/learning center focused on the history of the property and surrounding areas and/or environment; and the Farmers Market, which acts as a gathering place for the community during the Spring and Summer. The City is also in the planning stages for a 700=seat, 44,000 square foot Preforming Arts and Events Center (PAEC) and potential associated hotel, which will be built in the City Center. The PAEC has the potential to generate significant redevelopment in the City Center. In 2001, the DeVry University opened their first Northwest Campus in Federal Way. This 100,000 square foot facility provides technology training customized to increase employee workplace skills. The City is actively involved in recruiting a branch campus of a four-year institution or an institution of higher learning with programmatic elements consistent with a four-year institution. The City is also pursuing education programs through partnerships in specialized career focused areas. The university and education initiatives are being pursued to enhance educational and training opportunities to establish career paths and prepare students for the market economy of the future. IV-12 Ordinance No. 23- Page 25 of 38 The City's Role in the Economic Life of a Community In the State of Washington, the direct actions that cities can take to encourage economic development have historically been more limited than in other states. However, one of the most significant direct actions a city can take is to provide the necessary infrastructure. This includes: 1) developing long term facilities expansion plans for infrastructure such as roads; 2) designing the specific systems and projects; 3) raising or borrowing local funds to finance the projects or act as a conduit for state, federal, and intergovernmental funds; and, 4) forming public -private partnerships to jointly construct projects. Since incorporation, the City with the assistance of state and federal funds, has widened and improved Pacific Highway South and South 320' Street, both major corridors through the City. This has facilitated the movement of traffic and goods through and around the City as Pacific Highway South is a major north -south arterial and South 320' street is a major east -west arterial. Second, a city can deliver high quality and cost effective urban services. These necessary services include police and fire protection; parks, recreation, and cultural services; social services and job training; and a well -run land use planning and regulatory process. In an effort to provide high quality and cost effective service, and in order to reduce crime rates, the City of Federal Way formed its own Police Department in 1996, six years after incorporation. In 1997, the City constructed Celebration Park, an 84 acre community park. This has made a large contribution to the local economy in terms of bringing baseball and soccer tournaments to the City, thus benefiting the lodging and eating establishments. In addition, a city can actively participate in public/private groups designed to help businesses and the development community as they work their way through the state and federal regulatory processes. Third, a city can directly impact economic development by doing market research or by being a landowner and developer. For example, a city could develop, maintain, and disseminate data and analysis on local development conditions and trends, as well as monitor important trends and assumptions upon which plans, programs, and strategies are based. The City maintains a web site which contains a variety of economic development - related information aimed at marketing the community in order to attract new businesses to the area. In addition, a city can buy land, aggregate parcels, and make necessary improvement so that it is ready for new development or redevelopment. For example, the City has acquired 17 acres in the downtown and will be embarking on developing a Town Center, whieh ineludes feur eempeneum including, but not limited to, the following potential components (See additional discussion in Chapter 7, City Center): ■ Four acres for a Performing Arts and Events Center (PAEC) (Town Center I). • Four acres for a park (Town Center I1). • Eight acres for a hotel and potential development opportunities for office, MedienI e€€se; higher educational facilities, retail and restaurants, along with arts and entertainment venues. In addition, there : a anon , f ., at _ f:s aee (Town Center III). Revised 2444 2023 IV-14 Ordinance No. 23- Page 26 of 38 FWCP — Chapter Four, Economic Development Revised 214 2023 ■ One acre for t nted d ele w rrnn) i. algid , st of the ffansi ^ems a multi -story parking garage owned and operated by Sound Transit (Town Center IV). For some projects, a city can issue industrial revenue bonds or other tax-free municipal bonds. This also allows a city to joint venture with a private sector partners for appropriate development. In terms of indirect roles, a city can act as a facilitator to convene public and private entities to work on issues of local importance and reach consensus. Preparation of a comprehensive plan and Economic Development Strategy ' are examples of this important indirect action. A city can act as a representative of local residents' and business' interests in resolving regional and countywide problems such as traffic congestion, housing, and human service issues. A city can also mobilize local community support for important projects and problem solving; and work to improve the overall image of the community and in doing so, make the community more attractive for economic development. Lastly, a city's public investment in municipal facilities, such as city administrative offices, judicial/court facilities, community centers, and cultural and recreational venues can be a factor in inducing further economic development. By targeting a subarea for an infusion of redevelopment investment and daytime population, nearby businesses not only may see a greater captive market, but may also be encouraged to remodel, renovate, and/or improve their establishments. Cultural and recreational facilities, like the PAEC, or seasonal activities such as the Federal Way Farmers' Market can also have a wide range of economic impact, from simply attracting residents to a particular part of the city (e.g., city center) more frequently where they may patronize other businesses, to attracting visitors from around the region and country who will bring new revenue to the local economy through lodging, restaurant, and goods/services expenditures. IV-15 Ordinance No. 23- Page 27 of 38 .epLm. oA )f 7. CITY OF ,t. Federal way Comprehensive Plan Ccntored on Opportunity „;' �f°• m„ w,++a.k .:.Y s. �Bai sr vsA.k. vxyc r Kent r Des a I 'Moines Pi gel .SO'lllld lip IL ON cJ [ V40 IL 17 ~+� f 1 h. Tacoma i m �_B w LomP,rwalelve Plen � �"�•p ` WummBnn =Pmlecarul pfice ■■ ' a.d.r.mw �e.o.new � � �^� _ E+ ■ � r . O Noun+R..+v Vaw Prolernan �evnvxnANeemIN SPedtl LanAMRn.: R.oLmnfY051BB O rR•Pase ewn<BAPn.IIm�lAwa. Re.aNbn YBS.A3 Q �pOua LounulApewnnlNBD9, �r BWbIUY831N enAre]19) Q Can Apeemem.BLL10 O eerer.y..ea..w+0 ' O wsn.nuusa+o Q aan,.wwus+ m aanenm aus i � o.wdPwse swi...........r._._._...�. 0 025 0.s a Mies N n y` ❑o9uTY •'�f�lili-:ai: f PW� Milton ... Edgewood Af' • 7° �./r � Fr y r.l �rtc M • w r.r... 4� �Ar ,&Federalway Official Zoning Map CL afered on Opportunity EtYe.w Wn'ry1 ]0`1 oY—.:s8[. . 3 Des i Moines ' •' 1'�rfiC'1 �U2117cj ; __. s i� 71'I.I I_ '.: - I_r.- _ �� ..�h •�/��Y`' .YII �:i t 1! ... _ _ �.CNJr/ __ .may •• . f_ Taroma .F T F irl • �� . �-�'- r[awrvmrxwnabngn.uan[: F{�(p¢ Imd.v: OW -Mount F.blAVrri Pmbtlnn —a• �� I �-• ? - �et-.... '•ryhMla• or --a •' - 1 - ��-rwr..M S+[.s'•T Svvd Ic dltivns: - ! -•.'..`��w /.!Mr_ _ dNeIUMBYIl9.MfIB.R1N] 1 0-ll. orarl..r panNbnpUSH] a - 1 ._...�. .ewno. twta[eea rw If p o�diMncewAme _— �oµ.t.ralan - oP•aew wd p caManor..m.mee�nn 9 cwnaaa..m[Mwaun � — � - •��..:.F_-",-. � C r Y::. � . !'' �r. �oPa•Aw.M. ��•�~'. p o�mn.sweeato Wa:a.awtyna p aan.nwrwet �w.era M[ M.wsssenwmsse m wleser, mesa �N-w'wM�nl bla m gdiunupllEle y2y[�lyy ® ONvnuw]2@3B •lLLv.ta..lreRiw..w pvl,v••wtv][Ov�vrwi al. [.. uwlRpvMAv+4 vlt�5-t uMt1S [dd�1TN[ p W v • i ut t[S �ir•.1`.e te-Iw+sra.a Scale: / King 2U 0 025 0.5 1 A counrY'' Mlles 9 l Fife �? Milton Edgewood City of Map VII-1 Federal Way Comprehensive Plan City Center Vicinity Map os" SW 320th St y a w z Pkwy �A Tacoma a v d Map Date: October 2023 City of Federal Way GIS Division 33325 Bth Ave S Federal Way, WA 9B003 253A35-7000 v .cityeffederalway.com Des Kent Moines S 2 St .......................... 94 < tT d� �d Slur _ 1° p� L ake �p 5 S 288th St _ � r S r - S 7- s > N Federal way S 304th St Pleel > IUriNuJ Lake Like r SW 312th St S St N Federal Way :11u f a' �s P.A.A. Lake J SW 320th St S 320th St �,: ....... > ... N Federal N Way SW CaMA �N Or SW 356111 St z S� ter. 'G R'r,�rne to City Limits Federal Way Potential Annexation Area Federal Way City Center Unincorporated Areas Neighboring Cities yr . 01 "? m Lclkc IL -IS 336th St 4 18 '1 to a to S 348th St_ G Luke to ¢'� Geri�'ru N Federal / Way P.A.A. CO Qm h % n ^t I ake Z Troffl ss D'Lake .....�: P Milton C Edge -wood CITY OF Fed a ra I inlay Scale: N /]� �J Lr ]�7p 0 0.5 1 J:\complan\2024gF alelCily&enZerCidy nterMaps\CityCenterMaps-aprx Miles City Center Element This map is intended for use as a graphical representation. The City of Federal Way makes no warr rrRf;aA61`i&8accuracy. City of Map VII-3 Map Date Ocl Wa 2023 City or Federal Way GIS Federal Way 333258thth n 33Ave 5 Comprehensive Plan CityCenter Land Use Designations Federal-7000 9a003 Y V—iky7000 vnvw cilyofled eralway.com i7 DO Mirror Lake q o� Park a slfa 00 f 1: r -. i eD O iJL7 C y Q Q -�1- � El 1 Ti CZ.:'•i 1 c c� � S 3A2tft St G a C E, 0 RL4 dp i5 n rviF O c c P G Walmart RKY■■R■L■■■■■■■ ■ ■ Pavillions rt r (n Centre ■ ■ Hillside r Q i i ? Plaza ■ 4.0 — R r .`-1 _err,_ ri n,� r r; , S` 320thSti Cirw Frame m,- N ■ r + e • ■ ■ ■,■.�,Ls•R ■.a ra.■ ■.■.m.■.s. ■ Harry Truman R V± ■ 'town Transit : High School L■ ■ f. Square Center �� • • ! _•J Park +s■■■■■■■■■■■■■■■jaEU ■ ■ 4) S� Center Gatetu■y ■ See.■e Plaza Canter R Village z CHr Coyle I--! o Celebration ■ SaMwY Censer ■ The Commons at Federal Way Park ■ 324th St _ s Ride 7) Celebration Park - ter_ Ater Core C, ter Frame iJ CITY OF .WN, kFederal Way JAcomplan\2024YLI19Ve'Wen eQCi£WEnlerMaps\CityCenterMaps.aprx ^c & 4 a'4 nG�S� i}9 4 4 In •'� p 'v�^C`7 h � City Center Element Scale: N This map is intended for use as a graphical representation. 0 500 1,000 The City of Federal Way makes Feet no warrr'rff-aVt8fi0accuracy. C I ly �f p Map Dale: October 2023 a w city or Federal Way GI S Division Federal Way 333 58thA 33325 Bth Ave S Yl Current Land Use Map p Federal Way WA 99°°3 Comprehensive Plan 253-835-7000 _ dilyolfed eralvray. corn 77 I} C-_vt!cra r (' Q City Center Fraalt- me �? E �', c �� -- L ° JE51- Steel w City Center Core I� �, d �� x is EWv o 4 R Do {` i o p C Lake Park S 312tn-St r�.a Lo dff 5 t�� +CfPO�IF�taraatr f; . � - �.• a,� .q ,,. � �:- ; �i ail J'71�[GCJkL�4x Ch -- Walman > r, e- +7 h g Cr � _ MOM � f � - �( Pavillions Q ! to Centre _ r Plan i O Mirror & n ys ! . N. [ r Lake•.' �t= [C Parkas Ord � Li~f3t1�G5�9s' fr C vgr, Oct d� '3t'rs +� Its pllr - ar ! Harry S iruma (n! y town -Transit High School VC0�1 Square Center _ Park � t� tt�ll lam. � � t� ;F V , Center Gateway SeaTac Plaza Center ' Village S 320th St �a U) {r {rk Celebration > tijJ� Safeway Center ! Q The Commons at Federal Way o ; Q- cn 1 N L ! �. i�J +s+ 320th Park r — 324th St 3 Ride T ' .0` Celebration _:J f Park . - Land Use Designation Key Commercial Multi -Family Park Single Family Shopping centers, retail stores, restaurants, Apartments, condominiums, duplex, City, State, and County parks and trails Single family detached homes banks, hotels, health clubs, cinemas triplex, fouplax, and other group homes 5� 90 Industrial Office Religious Services Utilities Manufacturing, assembly, warehouses, other Ofce buildings, office parks All places of worship Sewage treatment plants, wells, electrical storage (including mini-sforage) transmission facilities, utility easements, and telecommunications facilities Institutional Open Space Senior Housing Vacant Cemeteries, government offices, (re stations, Public open space, private common Senior housing, assisted living, 8 All undeveloped parcels hospitals, libraries, park and ride lots, postal areas, subdivision tracts nursing homes facilities, schools (public and private) CITY OF r Fe d e ra I Way Scale: /]� �Jp 0 s00 JAcomplan\2024LOdJ &ityCen3eV CityG�nterMaps\CityCenterMaps.aprx City Center Element a This map is intended for use as a graphical representation. 1.000 The City of Federal Way makes =Feet no warrTktftWt8fifVaccuracy. Map Date ber City of Map V 11 5 Clty of FedeerralcWay2029 Federal Way 333 Division p Town Center Development Site 25325BIh000 Comprehensive Plan Ave S Federal Way, WA 9a003 253-9357000 www. cityoffetleralway.com V t--' eraLt ...r,•e� I CityCenter I . , ��g.�� •t 7 �� I.�u CityCenter Core � � r� City Center Frame �I i'. i:l !. w°_ -fit; �:{� Steel Albertson'sf� Lake K.r ; ti Lt:II ;7 Park 3I___ Y. BaaL - r . r" �' - .r Steel Lake S 312TH ST S. 312TH V 11 T Si nr�e3rt H Mart- - •I Walmart . . N z*was 0 i. qau� ■ ■ ■ Bnmrr { Noble U _ - — Fit-M a � a Hillside Gen ■ ■ .— 4rror Pelco CL Plaza Jua` Pza -" - _ .ake ` Pavillions a Centre - t 'ark 3. Vacant 4 r•nn<ne _ cram ,,••�- e•••' F •—•= ' Harry S. Truman • 1,rr,„, Jilt ■ ■ 0 T M-"T■ A ■ ■ &:.r._ . .. High School '1 • ""n'n Best Buy ■ .•°... .. — Parldctr: _ 2 Ssicudre 4 ■ • -� 'x Town s _� Comron '- Federal W y •� R ... ■ ,,.,� Square rranch Cantar Park F ■ a ■ a ■ Fr■ ■ PflSman ■ sti ale. . GalevsyTrade ' ■shill Mohezr fshM Stree[ v— ,, o� JpK a... B'P>•'_ Center oumre E-Mart Steak rJ+d,ri."• pal -do Hnuae --: h Rw raaa • _a SeaTec 7. Plaza world - Gateway �• ••�... Village Plaza Center wenave _..._. r xN Harbor ;;,. ^�• Verlp'u P11 Black imports aNNDya �� sht r� __ _ An�o Tod R.a pAllla 41L Bit& .,Lobeler Angus , ,,. ST YY-• Federalo Ram Rey A—- a Brev ~ 5 320THSST S 320TH ST " 4�1a 77� eM1eze S 320TH B."A. Paneia ST S 320TH S OOenr MPlebee's MCGm[h's Wild Wing. Breatl Red!.raL.Ald yerizon Foot. Calvary• ¢ Uw C.Iherza - Parry Wty Fieh Hou,e Azteu = Medleie. h.r,h Celebration gr Ga nerinae Safeway xa Jasmine Layne Andl-6 Center rom.. Grill Bryant --.. Sears Famous ' Rvaa _ ~ ■ Footwear Olck's Sportlng Target • Total ••� ■ Fine Goods kohl's Macy"s Century Joea na ■ Theatres Federal Way/ ` a °` ■ The Commons at Federal Way ff S 320th StreetPark & Ride rn O C Wit. Glib w j C. •' w Celebration Park Town Center Sites Town Center I Performing Arts and Event Center ?0 00 f Shurgard 4Q 4 2 Town Center II 3 Town Center III 4 Town Center IV Town Square Park 8-Acre Redevelopment Transit Station Opportunity Garage Expansion I CITY OF ,� Federal Way J:\complan\2D2d_t,ip�mlC CrlyCera CityCenterMaps\CityCenterMaps aprx City Center Element aThis map is intended for use Scale: N as a graphical representation. o soo 1,000 The City of Federal Way makes Feet no warrkFt#FiWt6/if'�8accuracy. I Map Date October 2023 City of City of Federal Way Map V11-6 GIS Di.i_ Federal Way 11 21 11th,11, S Federal Way, WA 98003 Comprehensive Plan Boundaries of Planned Action SEPA 253-133517000 —cityoffederalmy com 0 0 0 , 0 CD ;n \ 'R .�X U C) > 5 E:1 a _ R, I % C� � LZf_ U C, 1_7 -0 �01 T S 3i2th St c- 61�- on D am Pavill ons Centre co Mirror Lake Park ca j -n 0jJ r. 0 IL S 320th St 0 Cr 4. Celebration Park vplman Hillside Plaza lazaCD C14 Transit enterSquare j Center SeaTac Plan ; Village J C" `0 Celebratl on > Center The Commons Federal Way Harry S. Truman High School Gateway . .1 center LX fr 4W. =:ark ,:ark _j r &J-Z T En 0 I, LU A To �J Mrjn 05a U CITY OF Federal Way V - J:\complan\2024?UrpdaPe\qi%CCeen�eRCidC� nterMaps\CityCenterMaps.aprx City Center Element This map is intended for use Scale: N as a graphical representation. 0 500 1,000 The City of Federal Way makes ow@ Feet no war(TKWa&4t6fi0accuracy. Map Date: October 2023 City of Map VIIJ City of Federal Way GIS Federal Way 333Division 25 8th AveS Federal Way, WA 98003 Comprehensive Plan The Concept Plan 253-835-7000 v—cityoffederal,vay.com s' 99 6 - J 17� v� Lb. ce�-M V �zj r Steel ins P, 0 'P 11 r,Clio 0 Lake Par* S 312th St r.j 3 U PaViMans V) 00-' fto a. Mirror A00 v. aeF 8-Acre Pa �>Wvz�' R. EC F?edev. C4 opportunity Harry S Truman D-le-q, V� w�� Town Transit High School Centeir ia 00 Gateway SaaTac Plaza a. Village �320tjhSE W—y Canter The Commons at Federal Way 'E C") �t RD 320th Park S 324th St & Ride WAINA Map I F 6A .F. Celebration PRO Park Lj a M b, 'it Existing Bicycle Route Transit Street Planned Bicycle Route o Parks a M:1761 F—j Potential Pedestrian Crossings City Center Core I NOILK= t'- at Enhanced Street Network City Center Frame U U A0 City Center Element CITY OF Federal Way ScaleN This map is intended for use : as a graphical representation- 0 500 1.000 The City of Federal Way makes We JACOMPlan\2024 0 dp�aPe\�ityCen�e(PCit2y(:�nterMaps\CityCenterMaps. aprx Mm%m�i Feet no warraflfW,0&-U8accu racy. Cityof n Map Dale October 2023 y Map City or Federal Way GI Federal Way 33325 Ave S Proposed Street Network 253-835-000 Federal Way, WA 99003 Comprehensive Plan �7 253_B3S7000 v✓ww.ciryoffederalway com 312th S N i Walmart Q I Pavillions 1 w ! Centre ' 1---_—-----.,1! M If Lake I I Park 1 I I Hillside Plaza r - 1 0 I Town I r'ansh r L I I enr r---- / Center r SnTae Plaza Village 320th St.' n ------------ — —- — i I CeGar+mm� I I &Ar y I Canner r I The Commons at Federal Way j I I r i S 324th St i 1 - r -1.1 I i I i r I Celebration Park — Existing Streets City Center Core Proposed Streets City Center Frame �► Planned Street Improvements o Parks CITY of .� Federal Way Scale: y�[ 7�(� 0 500 1, 000 J:\complan\2024_ pdale\CiyCenerQCityAnterMaps\CityCenterMaps.aprx Feet Steel Lake Park any S Truma High School Gateway Center PN I r� 1 320th Park I aA Ride `�__.. -...---------- fjj City Center Element a This map is intended for use as a graphical representation. The City of Federal Way makes no war( ff#a6t6fifVaccuracy. City of Federal Wa Y Comprehensive Plan Map VII-9 Map Date October 2023 City of Federal Way GID,isian Potential Location of Public Spaces and FeSder Ave 5 Federal Way, WA 98003 Pedestrian and Bicycle Connections—clty70°° www. cityoffetleralway.com i ... rJ Li ...i 1qqqCsr�: J� a6 r l 6—w MLake �. — v - ..•�iJ �i i�fJ [la��y LI �S G 3'12th S I _- I walman N 7 Q Pavillions- i+ Centre �r Hillside > O] _ Plaza Q - Mirror IL Lake +" 0o Park tV marry s rmwn Hlgll SChvn1 (0 Town Transit Square Center Park - U -- Center Gatrwsy Plaza SeaTac Crntcr tL Village 320th S Celebration > _ sareway Center The Commons at Federal Way a 320th Park i .�. & Ride j 4th St l� u Celebration Park r� Q Existing Bicycle Route Existing Streets Planned Bicycle Route o Parks — Existing Streets City Center Core �• Planned Streets City Center Frame Potential Pedestrian Crossings Potential Public Space Locations h m City Center Element CITY OF \ �, Federal Way Scale N This map is intended for use as a graphical representation. 0 500 1.000 The City of Federal Way makes n' �7p/� ]gyp JACOmplan\2D24�Up i I -Feet no warragigga f&fti8accuracy. e\CdyCenlerlCity�enlerMaps\CityCenterMaps.aprx ctober City of Map VI I o City of Fedeerral Way Federal Way GIS 5 Bth Ave 5 n "' Federal Way, WA Comprehensive Plan Potential Transit Alignments and Stops 2GtyoRede alvrayocom ; y 4 Ij V n •:y'�� r IJ Lf L:�n� 7 •�'.• {'! CI=I _ n t; 4 P{C�apC a L,��ocQ� _ •'� �0 � l;lj c aP Is ci, I , vo _ Lake Palk ` r. 0 ° ' �� t� � l � � .. _ 3'f 2th St I •11 .43gj.,7"— j,,.P�_„! 7 $ am roOtrr r I Q P :� } � � BSI n I I � PavilRana S�ff I Centre 't I w • �. Q+ Hillside 100 Plaza 4 Nlirrw' r*[L ,. — — — 1 Lake eu I I I Park -i ez'U a 4 IN bm I I I I 10 �}l3t Town ITi�11Sit 1 I� ?I ; Square I Bt1#ef • �.. u r_ �� J �r--,,[ Park I 4....__�_ I i 41 centerSeaTac 1• I I r' FJ t, l !Q Plaza) . I 1 r' Ga �+ �% ; �-'.I ; • fig L_ �.`�� -�ILi ^_ Village .l ii - r 0Eh�St a _ .. ED i:! f Celebration sarewey Center I The Commons at Federal Way I l iL k =I 1. 1 ,. 5 3 th _ _ _--#_' 0 Parks Q UOqa J Potential Transit Stop Via'I City Center Core Potential Transit Routes tW ."mar►m City Center Frame Potential HCT Alignment (2 RR Alternatives) Z Potential HCT Station 3 Ej Locations Q h CITY OF III 4k Federal Way J:\complan\20249$k'Eily-centekCid(: nterMaps\CityCenterMaps.aprx 6 ❑p City Center Element This map is intended for use Scale: " as a graphical representation. o zoo 1,000 The City of Federal Way makes Feet no warraIR49 s Wig8accuracy. COUNCIL MEETING DATE: November 21, 2023 ITEM #: 9b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: CODE AMENDMENTS RELATING TO CITY CENTER -CORE AND CITY CENTER - FRAME POLICY QUESTION: Should the City Council amend Title 19 to include updated development standards to better reflect the urban vision desired for the City Center and downtown? COMMITTEE: Land Use & Transportation MEETING DATE: November 6, 2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven, AICP, CEcD W DEPT: Community Development Attachments: 1. Staff Report 11" j�I to 2c> S %, G} Cff kVD(- IoW 'kAdJO 2. l t*,r �vhn mmom, 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 APPROVAL: We DIRECTOR APPROVAL: 0.27.23 • Co i Ice C mcil Initial/Date Initial Dat Initial Da COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on November 21, 2023. 4 CbnundeeChair Committee Member Comi uttee Member COUNCIL MOTION(S): FIRST READING OF ORDINANCE (11/21/23): "I move to forward the proposed ordinance to the December 5, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (12/5/23): "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 /2019 RESOLUTION # Received at the 11/21/2023 Council Meeting Item 9b - CB #869/Ordinance Code Amendments Relating to City Center Core & City Center Frame After packet publication one update was made to the examples listed in 19.115.090 District Guidelines/Downtown architectural overlay (DT). Attached are three iterations of the updated page: 1. Track Change Version 2. Council Packet Version 3. Final/Proposed Version Received at the 11/21/2023 Council Meeting Track Change Version Balconies Metal anel as 12rimM cladding material Tripartite composition clear base, middle and Blank or flat facades top, required for buildings greater than five stories optional for shorter buildin s Building lengths less than 250 feet Vibrant building colors For buildings longer than 100 feet, use vertical Multiple changes in facade height creating a chaotic rhythm articulation of facade (e.g., material and/or plane change) approximately every twenty. -f�25) feet or aligning with structural bays Siding: Brick masonry, concrete, natural stone Deep overhanging roofs and wood (real or synthetic) representing a minimum of 30% of the opaque surface material of each public -facing facade, excluding courtyards or similar structural indentations in the public -facing facade where the Director determines the depth of the courtyard indentation is greater than the width of the courtyard or indentation. The width of the courtyard or indentation is measured at the location the courtyard or indentation departs from the remainder of the public -facing facade. ,\ Metal be exeludine panels may used Masona element at the ground level Color blockin as architecturaldetailing Green roofs and occupiable decks for aesthetics, environmental benefits, and as amenities. Ground floor transparency (percentage of glass as _ building material) a minimum of 30% where adjacent to a Pedestrian way (e) Structured parking. Parking structures shall be designed so that vehicles parked within the parking structure are not visible from the street. For all residential zones. (a) Nonresidential uses. Subsections (1)(a) through (f), (p) and (q) of this section shall apply. (b) Non -single-family residential uses except for zero lot line townhouse residential uses and attached dwelling units. Subsections (1)(g) through (r) of this section shall apply. (c) Zero lot line townhouse residential uses and attached dwelling units. Subsections (1)0), (1) through (o), and (r) of this section shall apply. Ordinance No. 23- Page 50 of 146 Received at the 11/21/2023 Council Meeting Council Packet Version Balconies Metal anel as 12rimM cladding material Tripartite composition clear base, middle and Blank or flat facades top, required for buildings greater than five stories optional for shorter buildin s Building lengths less than 250 feet Vibrant building colors For buildings longer than 100 feet, use vertical Multiple changes in fagade height creating a chaotic rhythm articulation of facade (e.g., material and/or plane change) approximately every twenty. -f�25) feet or aligning with structural bays Siding: Brick masonry, concrete, natural stone Deep overhanging roofs and wood (real or synthetic) representing a minimum of 30% of each fagade. Metal panels mgy be used as secondaa accent material onl Masonry element at the ground level Color blockin as architecturaldetailing Green roofs and occupiable decks for aesthetics, environmental benefits, and as amenities. Ground floor transparency (percentage of glass as building material) a minimum of 30% where adjacent to a Pedestrian wa (e) Structured parking. Parking structures shall be designed so that vehicles parked within the parking structure are not visible from the street. For all residential zones. (a) Nonresidential uses. Subsections (1)(a) through (f), (p) and (q) of this section shall apply. (b) Non -single-family residential uses except for zero lot line townhouse residential uses and attached dwelling units. Subsections (1)(g) through (r) of this section shall apply. (c) Zero lot line townhouse residential uses and attached dwelling units. Subsections (1)0), (1) through (o), and (r) of this section shall apply. Section 12. FWRC 19.120.030 is hereby amended to read as follows: 19.120.030 Exemptions. Nothing in this section shall be interpreted to allow clearing, grading, and/or the removal of trees or other vegetation within sensitive areas or sensitive area buffers where prohibited under FWRC Title 19, Division IV, Critical Areas, or in designated native growth protection areas. Clearing and Ordinance No. 23- Page 50 of 146 Received at the 11/21/2023 Council Meeting Final/Proposed Version Balconies Metal anel as 12rimM cladding material Tripartite composition clear base, middle and Blank or flat facades top, required for buildings greater than five stories optional for shorter buildin s Building lengths less than 250 feet Vibrant building colors For buildings longer than 100 feet, use vertical Multiple changes in facade height creating a chaotic rhythm articulation of facade (e.g., material and/or plane change) approximately every twenty. -f�25) feet or aligning with structural bays Siding: Brick masonry, concrete, natural stone Deep overhanging roofs and wood (real or synthetic) representing a minimum of 30% of the opaque surface material of each public -facing facade, excluding courtyards or similar structural indentations in the public -facing facade where the Director determines the depth of the courtyard or indentation is greater than the width of the courtyard or indentation. The width of the courtyard or indentation is measured at the location the courtyard or indentation departs from the remainder of thepublic-facing fa ade. Masonry element at the ground level Color blocking as architectural detailin Green roofs and occupiable decks for aesthetics, environmental benefits, and as amenities. Ground floor transparency (percentage of glass as building material) a minimum of 30% where adjacent to a Pedestrian way (e) Structured parking. Parking structures shall be designed so that vehicles parked within the parking structure are not visible from the street. For all residential zones. (a) Nonresidential uses. Subsections (1)(a) through (f), (p) and (q) of this section shall apply. (b) Non -single-family residential uses except for zero lot line townhouse residential uses and attached dwelling units. Subsections (1)(g) through (r) of this section shall apply. (c) Zero lot line townhouse residential uses and attached dwelling units. Subsections (1)(i), (1) through (o), and (r) of this section shall apply. Section 12. FWRC 19.120.030 is hereby amended to read as follows: Ordinance No. 23- Page 50 of 146 CITY OF FEDERAL WAY MEMORANDUM DATE: November 10, 2023 TO: City Council VIA: Jim Ferrell, Mayor FROM: Keith Niven, CD Director OPL- Chaney Skadsen, Senior Planner SUBJECT: Delineation of Downtown Overlay Background & Rationale An overlay district, sometimes referred to as an overlay zone, is a geographic zoning district layered on top of another, existing zoning district. Overlays are typically utilized to protect a specific resource (like the view of Mount Rainier), or guide specifics of development (Architectural guidelines) within a special area (like Federal Way's Downtown). Similar to other zoning regulations, overlay districts can control building codes and.urban design, permitted land use, density, and other factors. An overlay allows the City to set development regulations that can be used to allow for a particular part of the city to develop in a different way than areas outside of the overlay. For Federal Way, the intent of the downtown overlay is to begin to develop an identifiable area that the community can identify with as "downtown". While it's unrealistic to expect all redevelopment in the City Center in the next 10-years to be mixed -use with activated ground floor uses, the overlay provides a tool for building synergy between properties that are redeveloping, establishing a recognizable character, and giving the community something to point to when asked "Where is Downtown Federal Way?" Although staff have proposed a recommendation for the boundary of downtown, this boundary can evolve over the years, adding properties that wish to be included in the downtown neighborhood. These future requests for inclusion in downtown will be a testimony to the City's success in creating an area of the City that properties want to be associated with. This market demand does not exist today. However, as the City sees TC-3 redevelop, the Sound Transit surplus properties redevelop, Hillside Plaza redevelop, and the Commons redevelop, other property owners in the City Center will realize the value of new investment and the City Center as a whole will benefit. LUTC Summary: The 2023 annual Comprehensive Plan amendments were presented to the Land Use & Transportation Committee on Monday, 6 November 2023. One of the proposed amendments included delineating Downtown Federal Way. Aside from some Downtown -specific Goals and Policies that would apply to the properties located within the delineated area, there are corresponding code provisions that would apply to these properties as well. Rev. 6/2020 Page 2 As the Committee and Councilmembers in attendance considered the map, there were a number of questions regarding the delineation and why certain properties were not included within the delineated area. Following a brief response by staff, it was agreed an Options analysis would be provided to the Council in advance of this agenda item being considered on November 21, 2023. 3 Options for Consideration: During the presentation at LUTC, there were suggestions for incorporating additional properties into the Downtown area. Based on those suggestions, there are 3 options presented for Council consideration. Page 3 Page 4 Com arison Table Option 1 Option 2 Option 3 Acres 124 acres 181 acres 198 acres # Property Owners 8 20 26 Zoning CC-c CC-c CC-c & CC-f % of area likely to redevelop in next 10 years 85% 65% 64% Some other Downtowns in the area: Redmond: 550 acres Bellevue: 410 acres Kent: 230 acres Auburn: 105 acres Issaquah: 65 acres Renton: 63 acres Kirkland: Not defined (part of Norkirk & Moss Bay neighborhoods) These comparisons are provided to demonstrate to the City Council that there are a number of approaches adopted by other cities in the County, including not delineating downtown. There is not a right and wrong answer to how big our downtown area should be. The decision should be based on the value proposition of what is added by including other properties in the downtown. The following discussion of each Option is intended to help the Council evaluate this question. option I Option 1 was selected by Planning staff for the following primary reasons: 1. Staff engaged with Merlone Geier, Rosen and Harbottle, and Sound Transit to discuss and explain the proposed code amendments and having their properties located in Downtown. There was support from all of these property owners to be located in Downtown. (Staff attempted to connect with Mark MacDonald, owner of Center Plaza, but did not connect). 2. Although cities' downtowns vary in size, staff believe having a downtown focused on a "Main Street" provides a model that fits with Federal Way. 21 St Avenue S could be transformed into the City's Main Street (especially with the 320th Street Dip — also see #5 below). Downtowns oriented on a "Main Street" include Renton, Auburn, Issaquah (Front Street) and tend to be smaller in size. 3. There is a majority of properties located in this Option committed to investment in our Downtown (see comparison table last row). Concentrating the overlay around the light rail station and these properties with near -term redevelopment interest ensures a focused effort with the highest potential for immediate impact. This targeted approach optimizes resource allocation, expediting a visible transformation towards an activated, walkable, and enhanced urban environment. 4. Looking at the streets that divide this area (S 3141h Street, S 310h Street, S 320th Street, and 21st Ave S), only S 320th Street poses a significant barrier for pedestrians and bicyclists. If the City is able to provide an at -grade crossing of S 320th Street at 215t Avenue S, this entire area will be very walkable and bikeable. 5.. Since 21" Avenue S does not have any properties or businesses addressed off of it, it could be renamed relatively easily. Page 5 Property Owners: City of Federal Way (TC-3, Town Square Park, PEAC, Grand Staircase), Rosen Harbottle (Hillside Plaza), Sound Transit (surplus property), Senior City LP, Center Plaza, Jon Hanna (Taco Time), Merlone Geier (the Commons), JP Morgan Chase Properties not expected to redevelop in next 10 ears: Senior City LP, Center Plaza, Jon Hanna (Taco Time), JP Morgan Chase Option 2 Option 2 is Option 1 with the addition of SeaTac Village, La Quinta, Traditions, and a handful of smaller parcels located along Pacific Highway S. The reasons for not including these properties: 1. SeaTac Village is a high -functioning retail center. Although much of the property is devoted to surface parking, it is unlikely this center will redevelop in the next 10 years. 2. Traditions is newly built (2020) and represents a density of structure that we are looking for in our Downtown. However, Traditions was allowed to build with no engagement to the sidewalk along PVR (see below). This does not M 3. La Quinta recently (2019) invested in a renovation/remodel. As with Traditions, the hotel is dramatically removed from the streetscape by site grade and landscaping setback. Page 6 4. As for the properties that face Pacific Highway S, these properties are small and benefit from the regional nature of this arterial roadway. Some of these properties will likely redevelop in the near future. However, they will likely remain oriented to the vehicular traffic on Pacific Highway S. Property Owners: Same as Option 1 + Seatac Village Shopping Center (Trader Joe's), Commercial Net Lease (Harbor Freight), Fed Pac, LLC (Batteries + Bulbs), Traditions (retirement community), Trimark (La Quinta Hotel), Qualstar Credit Union, Western Palaside, Rheki FW (Car Toys), PSE, Bethany Investment, Thy Choi Family, Wa Fed Properties not ex ected to redevelop in next 10 ears: Same as Option 1 + Sea Tac Village, Commercial Net Lease, Traditions, Trimark, PSE, Thy Choi Family Additional Actions Modifying the boundary to Option 2 would require the amendment be reheard by the Planning Commission. Option 3 Option 3 is Option 2 and includes the currently -vacant Home & Home store. Although the vacant Home & Home and the Walmart surface parking lot seem to be ready for redevelopment, those property owners have not made similar verbal commitments as those represented by Option 1. City staff have reached out a number of times to Broadway-32nd Street Realty (they are located in New York), owner of Home & Home, and have been unsuccessful in connecting with the property owner. Staff have reached out to Walmart on the surface parking lot, and are hoping to continue conversations regarding this property. Property Owners: Same as Option 2 + Walmart (surface lot), Hong Luen (Korean Palace), Broadway-32nd St (Home & Home), Lie Tien, EJL Corporation, Haney Company Investments (Elephant Car Wash) Properties not ex ected to redevelop in next 14 ears: Same as Option 2 + Hong Luen, Lie Tien, EJL Corp Additional Actions Page 7 1. Modifying the boundary to Option 3 would require the amendment be reheard by the Planning Commission. 2. Rezone those properties that are currently CC-f to CC-c. Recommendation Staff recommendation is to retain Option 1; or, to approve Option 1 and request staff to reach out to property owners pf properties included in Options 2 or 3 to gain their support for being included in Downtown. Based on that outreach, potentially bring back a revised configuration for Downtown with the periodic update in 2024. MerloneGeier Partners City Council City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 Email: Council@cityoffederalway.com 4365 Executive Drive Suite 1400 San Diego, CA 92121 November 13, 2023 RE: Downtown Architectural Overlay - Commons at Federal Way Dear Mayor and Councilmembers: Tel: 858 / 259 / 9909 Fax: 858/259/8886 VIA EMAIL As you know, Merlone Geier Partners owns the Commons at Federal Way ("Commons at Federal Way") in the heart of the future City Center. Following up on my comments to the Council at the November 6th Land Use and Transportation Commission meeting, Merlone Geier share the City's vision for redevelopment of the Commons at Federal Way into a transit -oriented community with pedestrian connections, open spaces and plazas, vibrant retailers, and a variety of housing options. Merlone Geier supports the proposed updates to the City Center development standards. However, Merlone Geier respectfully asks that the City Council exclude the Commons at Federal Way from the new Downtown architectural overlay proposed in Federal Way Revised Code 19.115.090(5). The architectural style of any redevelopment of the Commons at Federal Way should be governed by site -specific design guidelines that will be negotiated in a development agreement. Merlone Geier has a demonstrated commitment to high -quality design. We recently signed similar agreements for centers in Lynnwood and Shoreline that included site - specific design guidelines. In Lynwood, the Northline Village ro'ect is redeveloping the existing Lynnwood Square shopping center including nearly 1,400 apartment homes, 500,000 s.f. of office, and 250,000 s.f. of retail and open space near Lynwood City Center and the Northgate light rail. 1 Northline Village's site -specific development guidelines are enclosed. Exhibit A. MerloneGeier Partners 4365 Executive Drive Tel: 858 / 259 / 9909 Suite 1400 Fax: 858 / 259 / 8886 San Diego, CA 92121 In Shoreline, Merlone Geier's Shoreline Place redevelopment is transforming an old shopping center with nearly 1,500 multifamily residences, more than 56,000 s.f. of retail and vibrant open spaces. -�] J l I J i M^ - i 4. ,S Again, in Shoreline Place, Merlone Geier committed to superior design standards through the development agreement. Shoreline Place's site -specific design guidelines are enclosed. Exhibit B. As you can see, Merlone Geier is committed to high -quality design guidelines because they help us recruit and retain retail tenants and multifamily residential development. Predictable design guidelines also provide certainty over the course of what will be a multi -decade redevelopment process. Relying on the general design overlay, which does not provide the same level of details as the Shoreline Place or Northline Village site -specific design guidelines, and are subject to future amendments, is a disincentive. We believe that the Commons at Federal Way should follow the successful models we used with the Northline Village and Shoreline Place development agreements. We appreciate the City staff's work on proposed City Center amendments. Since Merlone Geier is committed to implementing excellent design for the Commons at Federal Way, we ask you to exclude the site from the new Downtown architectural overlav or000sed at ❑r000sed in Federal Wav Revised Code 19.115.090f51, The City Center Code should be amended to provide that the architectural design guidelines for the Commons at Federal Way shall be adopted through a development agreement that provides for specific, high -quality standards for a full redevelopment. MerloneGeier 4365 Executive Drive Tel: 858 259 9909 Suite 1400 Fax: 858 259 8886 Partners San Diego, CA 92121 1 am happy to discuss this further if you have any questions. Respectfully; amas Gwilliam Managing Director Merlone Geier Partners 1326 EXHIBIT A 1327 NORTHLINE VILLAGE DESIGN GUIDELINES 1328 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 -34- 51411639.11 1 Exhibit F: Supplemental Site Design Guidelines 2 I. Parks and Public Space Improvements Overview 3 The Parks and Public Space Improvements are depicted in the Conceptual Guide Plan, Exhibit C-21-27; 4 29 to the Agreement, to function as publicly accessible spaces that are privately owned and maintained. 5 The Parks and Public Space Improvements are intended to support the goals described in the Parks Master 6 Plans under a revised approach from a single park location to a system consisting of several public spaces. 7 This approach is to provide a series of park and public spaces that include multiple urban -scale parks and 8 public spaces including features and programming elements for public use and enjoyment. Incorporated 9 into this system are lawn areas for summer picnics and movies, plazas and promenades skirting 10 restaurants and retail shops, comfortable pedestrian amenities and creative landscape and hardscape 11 elements. 12 The following supplemental design guidelines are established to aid review of the Project Entitlement 13 Application for design of the two different types of Parks and Public Space Improvements: Park Spaces 14 (Village Green and Pocket Oasis) and the Public Spaces (Festival Street, Enhanced Streetscape and Entry 15 Plazas). Park Spaces Public Space Village Green 0.68 acres Festival Street 0.51 acres Pocket Oasis 0.52 acres Enhanced Streetscape 0.63 acres Entry Plazas 0.49 acres Sub - Total 1.20 acres Sub - Total 1.63 acres Total 2.83 acres 16 17 The total Park Spaces shall be a minimum of 1.20 acres and total Public Space shall include 18 approximately 1.63 acres as depicted in the Conceptual Guide Plan. The Park Spaces (Village Green and 19 Pocket Oasis) shall be required and shall include the distinct characteristics related to each specific use as 20 described below in these Supplemental Site Design Guidelines (SSDG). 21 The SSDG articulates for each portion of the Park Spaces and Public Space Improvements: 1) a list of 22 basic design elements that are required to be incorporated; and 2) a menu of additional design elements 23 from which the Owner will select a defined subset to incorporate, in Owner's sole discretion. 24 H. Requirements of Park Spaces: 25 The Parks Spaces shall be designed for functionality and accessibility with commercial grade 26 hardscaping, fixtures and playground equipment which shall be selected by the process outlined herein. 27 A. Parks Elements 28 (1) Village Green: The Village Green will provide for informal recreation use as well as more prescribed 29 uses (i.e. festivals, community gatherings, concerts and similar event opportunities). 30 The following Village Green design elements must be provided: Required Characteristics Metric — a. Minimum Size No less than 29,400 square feet sf. b. Location Generally as shown on Lot C of Exhibit D c. Edges to Buildings Activated ground floor uses including retail, restaurants and other active uses. Residential uses such as lobbies or stoops are disfavored adjacent to Village Green but may be allowed if they are designed to provide active engagement with pedestrian realm. d. Programmable hardsca e open sace Minimum of 3,000 sf. e. Benches / integral seating Shall provide seating for 30 people minimum throughout the Village Green Integral s ating shall be at least 15" in height. f. Lawn Area Minimum of 10,000 sf. g. Integrated lighting (example) Achieve at least 0.5-foot candles throughout the Village Green h. Pedestrian scale light fixtures 1 fixture per 50 lineal feet (If.) along paths i. Varied paving patterns in pedestrian Village Green to comply with Streetscape pathways and plaza Standards as component of the Development Re lations j. Street trees and landscaping; Village Green to comply with Streetscape Standards as component of the Development Re lations k. Widened Sidewalks and pathways Minimum 8 ft. width 1. Splash pad/water play area Minimum size of 300 sf. in. Public Restroom At least one (1) all gender restroom provided immediately adjacent to Village Green. n. Pavilion: A pavilion, gazebo or pergola 1. Minimum of 600 square feet (floor surface) structure ("Pavilion") shall be constructed 2. At least 2 electrical outlets with one within the Village Green. This is to be a supplying at least 220 volts of power distinctive park structure that may be used as 3. A hard -surfaced raised platform that can a covered picnic space, performance area, or serve as a stage a venue for recreational programming such as 4. Covered roof which at a minimum provides concerts, movies in the park, and other protection from the elements performances. 5. Capabilities for video projection; and 6. Rigging for stage curtains, lighting, or decoration The Pavilion shall be designed to be: 7. Multi -use; and 8. Complementary in architecture to the surrounding development Other features that may be incorporated at Owner's discretion, including but not limited to: o. Enhanced moveable furniture p. A deciduous tree canopy that provides solar access in winter and shade in summer 31 32 B. Pocket Oasis: The Pocket Oasis will have a park -like character and allow for active play, 33 seating and comfortable enjoyment as well as an enclosed dog park. The following Pocket Oasis design 34 elements must be provided: Minimum Characteristics Metric a. Minimum Size No less than 22,600 sf. b. Location Generally as shown on Lot B of Exhibit D c. Enclosed Dog Park Minimum of 2,500 sf. with a minimum one 1 water source for dogs d. Play Area Minimum of one (1) play structure consistent with Parks Department standards such as being geared to ages 5-12 years and accommodating a minimum number of 20 users. e. Benches and Seating Shall provide seating for 40 people minimum throughout the Pocket Oasis. Integral seating shall be at least 15" in height. f. Varied Canopy of At full maturity, canopy should reach a minimum of 15% coverage of Trees the site with a mixture of native conifers and deciduous. (Can be reduced subject to a future 198' Street SW extension g. Animal clean up At minimum, 1 station per entrance to enclosed dog park. station with trash h. Fountain A minimum of one 1 drinking fountain. i. Integrated lighting Achieve at least 0.5-foot candles throughout the Pocket Oasis At least two of the following additional design elements for inclusion at Owner's sole discretion: j. Pedestrian Minimum width of 6 ft width path/ramping walkway k. Dog park equipment To be reviewed and approved pursuant to Section 4 of the Agreement such as obstacle with corresponding Project Entitlement Application course; 1. Integral color Continuous extension of Festival Street Design in width and character. concrete paving. in. Enlarged Enclosed Additional 1,500 sf. (or more) provided contiguous to Enclosed Dog Do2 Park Park At least one of the following additional design elements for inclusion at Owner's sole discretion: n. Water Feature To be reviewed and approved pursuant to Section 4 of the Agreement with corresponding Project Entitlement A lication. o. Art installation To be reviewed and approved pursuant to Section 4 of the Agreement with corresponding Project Entitlement Application except any art installation shall be presented to the Arts Commission for its review and comment. Other features that may be incorporated at Owner's discretion, including but not limited to: p. Enhanced landscape areas in addition to required landscape buffer; q. Enhanced moveable furniture; r. Enhanced pedestrian lighting. 35 36 C. Public Space Element 37 (3) Festival Street (198th Street SW between 45' Avenue and 46" Avenue): The Festival Street will 38 serve residents, visitors, and pedestrians as a web knitting the site together through a series of spaces 39 allowing for moments of leisure and special events such as farmer's markets and street festivals. The 40 following Festival Street elements must be provided to implement the Conceptual Guide Plan: Minimum Characteristics Metric a. Minimum Size & Generally as shown on Lots F and B of Exhibit D Phased Onsite Location and Offsite Improvement Plan. b. Flush Curb OR Raised Sidewalk design level with street separated by paving change such Woonerf-Style Street as integrated brick or stamped concrete. Use of truncated domes should be minimized to crossing locations only or as required by ADA. c. Paved Pedestrian Minimum width of 10 ft. along Festival Street Walkways d. Building Edges Activated ground floor uses (e.g. retail, residential lobbies and amenity spaces, townhomes with stoops) that respond to the Festival Street and encourage pedestrian activity and "spill -out" interactions with Festival Street users. e. Benches/integral Shall provide seating for at least 20 people throughout Festival seating Street. Integral seating shall be at least 15" in height. f. Pedestrian Lighting Achieve at least 0.5-foot candles throughput the Festival Street and ade uate lightinglig4ting for vehicular traffic g. Landscaping Refer to Streetscape Standards Other features that may be incorporated at Owner's discretion, including but not limited to: h. Enhanced trash receptacles i. Enhanced pedestrian lighting j. A deciduous tree canopy that provides solar access in winter and shade in summer. k. Wayfinding Signs 41 42 III. Parks and Public 5uace Review Process 43 Owner or its assignee agrees to construct the Parks and Public Space Improvements as shown in Exhibit 44 D — Phased Onsite and Offsite Improvements Plan as privately maintained space that is available for 45 public access and enjoyment subject to rules and regulations for conduct as set forth in the Agreement as 46 Exhibit G — Draft Parks O&M Plan. 47 The Owner shall present the proposed Parks and Public Spaces Improvements with each corresponding 48 Project Entitlement Application as provided in Section 4 of the Agreement, including a presentation to the 49 Parks and Recreation Board for its review and comment in its advisory capacity prior to a PDR decision. 50 The Owner may, in its sole discretion, conduct additional voluntary outreach to the community, including 51 requesting additional opportunities to present to the Parks and Recreation Board for additional feedback. 52 While only a minimum number of design elements listed in Section II above shall be required, the Owner 53 may propose as many of the design elements as may be feasible to create a unique sense of place that will 54 enhance the probability of success for the Project. The ultimate design of the Parks and Public Space 55 Improvements will be reviewed through the corresponding PDR for Project or Project -phases. 56 In the event of a conflict between the Development Regulations and the SSDG for a Project -phase, the 57 SSDG shall control. 58 Owner shall be responsible for maintenance and operations of the Parks and Open Space consistent with 59 the framework of an Operations and Maintenance Plan, Exhibit G of this Agreement. 60 EXHIBIT B SHORELINE PLACE DESIGN GUIDELINES Shoreline Place — Supplemental Site Design Guidelines On December 21, 2018, Merlone Geier Partners ("Developer") submitted a Conceptual Guide Plan to be approved along with a Development Agreement ("DA"). The Development Agreement offers flexibility on the ultimate configuration and design of the Project as the phasing progresses. The City has expressed support for the site design and associated design elements depicted in the Conceptual Guide Plan. To provide assurances to the City relative to the quality of design that will result in the final plans, Developer has prepared the following Supplemental Site Design Guidelines ("SSDG"). The Conceptual Guide Plan and DA include modifications to land use standards to certain listed City Development Code standards in Attachment A, Exhibit 2 (J). All other aspects of the Project will meet the City's Development Code at the time of each development permit application. Each building and associated landscape/hardscape plan will be reviewed for compliance, with the Shoreline Municipal Code (SMC) Title 20 Subchapter 4 - Commercial Zone Design standards as they may be modified by the DA, the Conceptual Guide Plan and the SSDG as part of permitting. The SSDG articulates for each portion of the Open Space System: 1) a list of basic design elements that will be incorporated; and 2) a menu of additional design elements from which the developer will select a defined subset to incorporate. As provided in the DA the Parties acknowledge that certain project components, as listed below, are priorities the City has identified for the realization of the Aurora Square Community Renewal Area ("CRA") Plan. The Parties also acknowledge that Developer requires the ability to make decisions related to timing and final configuration of the Project Components to ensure their development goals are also achieved. The following is intended to provide a high-level overview of the Project Components, all of which have been further identified and depicted in the Conceptual Guide Plan included as an exhibit to the Development Agreement that has incorporated these priorities. Conceptual Guide Plan - Site Design and a en S ace Overview The Shoreline Place Open Space System is depicted in the Conceptual Guide Plan (pages 36 and 94) and refined in Exhibit 2(E) to the DA and is intended to support the goals described in the City of Shoreline's Parks, Recreation and Open Space Plan ("PROS Plan") as well as the CRA and comply with the City's Development Code. The site's series of publicly -accessible spaces include multiple neighborhood -scale open spaces and connections to adjacent developments and the nearby Interurban Trail. Incorporated into this system are lawn areas for summer picnics and movies, plazas and promenades skirting restaurants and retail shops, comfortable pedestrian amenities and creative landscape and hardscape elements - all in the 1 Shoreline Place Development Agreement Exhibit F - Supplemental Site Design Guidelines support of Shoreline's PROS Plan, the CRA and in compliance with the Development Code standards to provide quality open space in the community. While the final site and open space design will evolve during the Project's vesting period based on market preferences and tenant mix, the design at Shoreline Place will include various publicly -accessible open spaces (the "Open Space System") generally as depicted on Exhibit 2 (E). The Open Space System and associated minimum required and optional design elements are provided below. While only a minimum number of design elements listed in each section will be required, the Project may propose as many of the design elements as may be feasible to create a unique sense of place that will enhance the probability of success for the Project. Open As a condition of the Development Agreement, Developer or its assignee agrees to construct the Open Space System. Developer or its assignee agrees to record a covenant or other legally binding provisions mutually agreed upon by the Developer and the City to assure that the following components of the Open Space System are open and accessible to the public subject to a reasonable set of rules and regulations which shall be detennined through the related Site Development Permit: the Community Open Space, Central Plaza, the Westminster Way Plaza, and Westminster Way N. Enhanced Connection. The exact location of these open space components will be mutually defined on a phase -by -phase basis over the term of the Project. The Open Space System will provide pedestrian access to Westminster Way N., N. 160t' Street, Central Market and other adjacent properties. Developer shall be responsible for the maintenance and operation of the Open Space System. The Open Space System will include a central plaza, a plaza adjacent to Westminster Way N., public gathering spaces, natural playscapes, a community open space, residential amenity spaces, and interior pedestrian connections/walking/biking paths. Open Spaces Overview o The total area of open space shall substantially match the total area for the Open Space System depicted in Exhibit 2(E) and the minimum square feet of multifamily open space and public places for the Project as defined in the City of Shoreline Development Code. o Open spaces shall include the following four (4) areas with distinct characteristics related to their intended uses and the Westminster Way N. Enhanced Connection. (1) Central Plaza (West and East Plazas combined): The Central Plaza space will provide for informal active and passive recreation as well as more prescribed uses (i.e. festivals, community gathering, concerts and other event staging). The Central Plaza will contain a minimum of 2 Shoreline Place Development Agreement Exhibit F - Supplemental Site Design Guidelines 10,000 SF. The following design elements must be provided to implement the Conceptual Guide Plan: a) Programmable open space - minimum 2,500 SF. b) Benches/integral seating. c) Integrated lighting. d) Pedestrian -scale light poles. e) Varied paving patterns, in pedestrian pathways and plaza. f) Required street trees. g) Lawn area - minimum 1,800 SF. h) Widened sidewalks and pathways (minimum 8'-0" width) that accommodate movement in both directions. i) Public art as a stand-alone feature or incorporated throughout the plaza. Select at least one of the following design elements for inclusion in the Central Plaza: a) Water feature. b) Retail kiosk 25 FT max height with four-sided architecture. c) Outdoor dining area. d) Movable furniture. e) A deciduous tree canopy that provides solar access in winter and shade in summer. (2) Community Open Space: The Community Open Space will have a park -like character and allow for active play and lounging and act as a pedestrian gateway from the more residential upper areas of the site to the retail core. The Community Open Space will contain a minimum of 10,000 SF of open space. A minimum of five of the following must be provided to implement the Conceptual Guide Plan: a) Pedestrian path/ramping walkway. b) Benches/integral seating. c) A varied canopy of trees in addition to trees required for screening. d) Enhanced landscape areas in addition to required landscape buffer. e) Educational signage. f) Enhanced trash receptacles. g) Enhanced lighting. h) Integral color concrete paving. i) Wayfinding signage. A minimum of one of the following must be provided to implement the Conceptual Guide Plan: a) Children's active play area- minimum 1,000 SF. 3 Shoreline Place Development Agreement Exhibit F - Supplemental Site Design Guidelines b) Fenced dog run/off-leash area - minimum 2,500 SF. c) Lawn area - minimum 5,000 SF. d) Amphitheater/outdoor stage. e) Water feature. (3) Pedestrian Shared Street (N. 1561 Street between Blocks B and D): This path will serve residents, visitors, pedestrians and cyclists as a web knitting the site together through a series of spaces allowing for moments of active and passive recreation. The following design elements must be provided to implement the Conceptual Guide Plan: a) Roadway space that can be closed off for events such as a farmer's market/festival use — minimum 6,000 SF with: i. Flush curb condition. ii. Tactile paving strip at roadway edges at non -crossing locations. iii. Bollards at roadway edges. b) Paved pedestrian walkways at a minimum of 8'-0" wide that comply with applicable accessibility requirements. c) Connections to adjacent buildings. d) Enhanced wayfmding signage. A minimum of two of the following must be provided to implement the Conceptual Guide Plan: a) Stoops/patios at adjacent residential facades. b) Specialty paving. c) Paving pattern that carries into the roadway. d) Integral color concrete paving. e) Enhanced trash receptacles. f) Enhanced Lighting. g) Benches/integral seating. h) A deciduous tree canopy that provides solar access in winter and shade in summer. (4) Westminster Way N. Enhanced Connection The City has identified Westminster Way N. as a key component of the CRA and, in connection with the Alexan project, is investing City resources towards the creation of a more pedestrian friendly environment. The City would like to see the Project leverage the investments on Westminster Way N. by: enhancing landscaping within the Westminster Way N: right-of-way; providing for enhanced pedestrian connections; and introducing gathering areas and retail spaces within the buildings along Westminster Way N. 4 Shoreline Place Development Agreement Exhibit F - Supplemental Site Design Guidelines (1) Westminster Way N. Enhanced Connection: The Site design will contribute to a system of connected open spaces to and from Westminster Way with pedestrian gateways at Westminster Way N and N. 157th Street, Westminster Way N. and N. 155th Street, and midblock at Westminster Way N. & N. 156th Street (as found in Conceptual Guide Plan p. 32). Design assurances will be satisfied through the implementation of all the following design elements: a) Enhanced wayfmding signage. b) Pedestrian paths at a minimum width of 8'-0" connecting to the Project's Open Spaces. c) Tie into the mid -block pedestrian crossing (Conceptual Guide Plan p. 34-35). d) Pedestrian building or site entries adjacent to N. 155th, N. 157th, Street A and Street B. e) Retail terraces with visual connections to Westminster Way N. f) Bicycle racks. One of the following must be provided to implement the Conceptual Guide Plan: a) Benches/integral seating on Property. b) Stoops /patios at adjacent residential facades. c) Accent trees in addition to Westminster Street Tree plan. d) Additional planting strip width (greater than 5'-0") in right-of-way. e) Planting buffer (4'-0" minimum width) on Property. f) One or more stairway connections to and from Westminster Way N. Pedestrian Oriented Design: The Conceptual Guide Plan includes motorized and non - motorized access and connections through the Project such as pathways, promenades and park- like streets and associated connections to adjacent multi -modal roads, trails and paths. The following design elements must be provided to implement the Conceptual Guide Plan: a) Widened sidewalks and pathways (minimum 8'-0" width) that accommodate movement in both directions. b) Bicycle racks. c) Pedestrian scale light poles. d) Wayfinding signage. Three of the following must be provided to implement the Conceptual Guide Plan: a) A varied canopy of trees in addition to required street trees. b) Varied paving patterns that highlight pedestrian and bicycle circulation. c) Benches/integral seating. d) Stoops/patios at adjacent residential facades. e) Flush curb conditions. f) Crosswalks with specialty paving. 5 Shoreline Place Development Agreement Exhibit F - Supplemental Site Design Guidelines g) Paving patterns that carry into roadways. h) Paving material changes at parking areas. i) Bollards or planter strips at roadway edges. j) Tactile paving strips at roadway edges at non -crossing locations. Commercial Retail and Restaurants and Westminster Way Plaza: The Conceptual Guide Plan provides for commercial, retail, and restaurant space, with the first phase including approximately 17,000 square feet of commercial space for a caf6, brew pub, restaurants and dessert shops subject to market demand clustered around the Open Space System and connecting to Westminster Way N. Freestanding Commercial Retail and Restaurant Building Design (the buildings in the E Block): The design of these buildings and the associated site work shall include all of the following: a) Building edges shall respond to the pedestrian environment in an engaging way. b) Building entries shall be prominently located such that they are obvious, identifiable, and distinctive with clear lines of sight and lobbies visually connected to the street or internal drives. (Conceptual Guide Plan p. 33). c) Encourage ground level uses that engage the adjacent pedestrian activity. d) Provide generous sidewalk widths of 8'-16' to create spaces at street level for pedestrian activity (Conceptual Guide Plan pp. 98, 100). e) Lighting around building perimeters supporting engagement into the evening. f) Building mass reduction achieved through a combination of the following: offsets, step -backs, broken roof lines, special cornice, material change, layering, building elements (window fms, entries, awnings, balconies, etc.) and landscaping. g) Ground floors may incorporate durable materials with a fine grain and tactility . along with human -scaled design details. h) A minimum of 5,000 SF of open space. C CITY OF FEDERAL WAY MEMORANDUM DATE: November 6, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, Community Development Director SUBJECT: Code amendments relating to City Center -Core and City Center -Frame Financial Impacts: There are no costs to the City for adopting the proposed code amendments. Background Information: The City periodically proposes amendments to the City Code to keep the code relevant and up to date with changing conditions. The proposed code revisions are necessary to: 1. Make changes to CC-C code to clarify & better implement updated Goals & Policies. . 2. Create the Downtown overlay & add new architectural guidelines. 3. Make changes to note regarding spas in CC-C and CC-F. Procedural Summary:. 6/2/23: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) (23-100435-SE) 6/2/23: Public Notice of SEPA Decision published in Federal Way Mirror and posted (website) 6/16/23: End of SEPA Comment Period 7/7/23: End of SEPA Appeal Period 7/18/23: SEPA Addendum 10/4/23: Planning Commission Public Hearing 11/6/23: LUTC Council Committee 11/21/23: City Council 1st Reading (anticipated date) 12/5/23: City Council'2nd Reading (anticipated date) Public Comment The City received verbal comments from Intracorp and Matt Roewe. These comments requested the City increase the maximum residential density from 150 units per acre to 230 units per acre. The City agreed with those comments and have included the higher number in the proposed code amendments. Rev. 7/18 The City also received comments from Merlone Geier (see Attachment 1). The City provided responses to Merlone Geier (see Attachment 2). The City also received comments from Celebration Center after the Hearing (see Attachment 3). Planning Commission Recommendation: The Planning Commission conducted a public hearing on October 4, 2023. There were no public comments regarding the proposed code amendments provided at the public hearing. Following Commission discussion and deliberations, consistent with 19.80.240(1)(c), the Planning Commission recommended approval of the proposed code amendments with a suggested revision removing the 2,000 square foot limitation on spas and waterparks. Decision Criteria: FWRC 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: 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan. Staff Response: The proposed FWRC text amendments have been drafted as implementing actions for the proposed Goals and Policies changes that were reviewed as part of the 2023 annual Comprehensive Plan amendments. The code amendments are also consistent with Section 7.6 Vision Statement, of Chapter 7 (City Center) of the Comprehensive Plan. 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. Staff Response: The proposed FWRC text amendments bear a substantial relationship to the public health, safety, and welfare because the amendments raise the bar for redevelopment of properties in the City Center core requiring a greater level of investment. It is believed the higher development standards will vastly improve the status and value of the City Center, which may stimulate the local economy, attract tourists and improve the quality of life for residents. The densification of this neighborhood will also lead to additional residents, employees and visitors choosing non -motorized mobility options which will lead to improved health outcomes. 3. The proposed amendments are in the best interest of the residents of the city. Staff Response: Many members of the community have expressed their desire for the City to have a vibrant downtown. The proposed code amendments, if approved, will ensure that as properties redevelop, surface parking lots will be removed, pedestrian circulation will be prioritized, and densities will be higher. Rev. 7/18 Staff Recommendation: Staff recommend approving the proposed code amendments, as forwarded by the Planning Commission. Rev. 7/18 Comments from Merlone Geier (Attachment 1) Issue Discussion Minimum FAR requirements How did City come up with 1.5 FAR Minimum? Presents challenges for phased redevelopment • See MGP Phased redevelopment plan o 0.9 FAR on gross acreage based on easements preserving open space and other control areas ■ 1.5 FAR minimum retail or entertainment not viable. o Too dense for commercial o Needs to allow for mixed -use concept Residential density as DU/acre vs. FAR. How did the City arrive at 46 to 230 du/acre? Parking Structured parking mandates by use are not realistic at - 75% for office - 40% for retail over 5,000 sf. - 40% for regional mall How are parking ratios evaluated for a mixed -use project? Especially when retail/entertainment/child care uses can change with later TI permitting? 820 ITE Shopping Center? Parking ratios should be reduced to reflect TOD zoning - No minimum parking for residential uses. Should not be subject to a case -by -case parking analysis Vehicles within parking structures cannot be visible from any street? What about internal streets/alleys? Only 10 adjacent parking stalls before landscape islands? Landscaping on rooftop parking structures? City Center Core street grid Comp Plan map needs amending for Commons grid Street level uses 50-foot retail and entertainment use in both directions at intersection of a "street" is not workable for interior/private streets. Needs flexibility for residential frontages and in locations where retail is not viable. Minimum 15% of public facing commercial uses in ground floor of residential not viable. For example, on a 3-acre site, that's—20,000 sf. of retail. Needs flexibility for certain targeted drive thru uses (grocery, pharmacy, etc.) Open space 100 sf of open space per unit runs contrary to the FAR Rev. 7/18 density minimums within market based construction typologies. Should include credits for indoor open space/recreation area Credits for open space at Commons in BPA easement area Design guidelines Need additional clarity and flexibility. Encourage revisions to be done separately from Code update after more outreach. Any new design guidelines must comply with HB 1293. _ Ground floor residential uses with private outdoor areas? Development Agreement amendments Why is City proposing limitations on transportation impact fee and other vesting and stormwater issues? Heartland Report Agree with the Heartland recommendations. City Center amendments should focus on incentives and flexibility. Current draft with the parking ratios and min FAR is inconsistent with the key Heartland recommendations. City should implement the remaining Heartland proposals. Rev. 7/18 Attachment 2 Issue Discussion Minimum FAR How did City come up with requirements 1.5 FAR Minimum? Presents challenges for phased redevelopment ■ See MGP Phased redevelopment plan o 0.9 FAR on gross acreage based on easements preserving open space and other control areas • 1.5 FAR minimum retail or entertainment not viable. o Too dense for commercial o Needs to allow for mixed -use concept Residential density as DU/acre vs. FAR. • How did the City arrive at 46 to 230 d u/acre? City Response The intent is twofold: 1) to replace maximum building heights with FAR or units/acre; and, 2) to impose a minimum standard to end the construction of single -story buildings, except for small buildings (like stand-alone pads). To determine the ranges, existing projects were evaluated. The City has also taken input from developers looking at'potentially building in the CC-C zone. For Commercial: Current code allows for buildings to 145 feet (12 stories). Examples used: Summitt III (Bellevue), 17 stories, FAR: 8.5. Keppel-KBS Plaza (Bellevue), 10 stories, surface & structure parked, FAR: 2.9 For minimum, looked at Poplar (Issaquah) — 4 stories, surfaced parked. FAR: 0.92. Renton City Hall (Renton) —10 stories, combination structure and surfaced parked, FAR: 0.92 If it is going to have structured parking, the FAR should exceed 1.5. For Residential: For the upper density, the City wants to allow 5 over 1 or 5 over 2 construction. Examples used: The Luke (Redmond) 189 un/ac. Parkside (Bellevue) 197 un/ac For lower end: 4 story, surfaced park is not dense enough. Uptown Square (Federal Way) is 4 stories and surfaced parked — 31 un/ac. Y Family Village (Issaquah) is 4 stories & structure parked — 66 un/ac. Vale (Issaquah) is mix of 4 & 5 stories and tuck under and surface parking — 92 un/ac Mixed Use? Agreed, the code needs to make an allowance for residential/non-residential. Had taken into account 5-over-1— that would meet the un/acre range, but did not consider a 1- over-1. Will think about this. Parking I Structured parking I Over 75% of the downtown is comprised of Rev. 7/18 mandates by use are not realistic at - 75% for office - 40% for retail over 5,000 sf. - 40% for regional mall How are parking ratios evaluated for a mixed -use project? Especially when retail/entertainment/child care uses can change with later TI permitting? 820 ITE Shopping Center? Parking ratios should be reduced to reflect TOD zoning - No minimum parking for residential uses. Should not be subject to a case -by - case parking analysis Vehicles within parking structures cannot be visible from any street? What about internal streets/alleys? Only 10 adjacent parking stalls before landscape islands? Landscaping on rooftop parking structures? City Center Core street grid f Comp Plan map needs amending for Commons grid Street level 50-foot retail and uses entertainment use in both directions at intersection of a "street" is not workable for interior/private streets. Needs flexibility for residential frontages and in locations where retail is not surface, parking lots. Would you like to propose a counter? Parking requirements —the code provides a process for achieving a reduction in code requirements. There was resistance within the city to reduce parking requirements at this time. Maybe once the ST station is open there will be more acceptance of this suggestion. Yes ... likely means the ground floor is not parking. Huh? This is code now, right? Yes. Parking structures are often less tall than adjacent buildings — so views of parking garage roofs are similar to looking down on a surface parking lot. Either landscaping or architectural features help to beak up the parking rows. We discussed this on the 20t" Well, we haven't exactly landed the public/private discussion yet or the endgame on the ring road or its alternative. Currently the code reads the entire ground floor (100%) of a residential building needs to be non- residential. We have pulled this back considerably to concentrate on the street intersections. Not opposed to discussing Rev. 7/18 Open space viable. Minimum 15% of public facing commercial uses in ground floor of residential not viable. For example, on a 3-acre site, that's—20,000 A of retail. Needs flexibility for certain targeted drive thru uses (grocery, pharmacy, etc.) 100 sf of open space per unit runs contrary to the FAR density minimums within market based construction typologies. Should include credits for indoor open space/recreation area Credits for open space at Commons in BPA easement a rea Design Need additional clarity and guidelines flexibility. Encourage revisions to be done separately from Code update after more outreach Any new design guidelines must comply with HB 1293. Ground floor residential uses with private outdoor areas? Development Why is City proposing Agreement limitations on transportation amendments impact fee and other vesting and stormwater issues? Heartland Agree with the Heartland Report recommendations. City Center amendments should focus on incentives and flexibility. Current draft with the parking ratios and min FAR is inconsistent with the key Heartland flexibility, but we need to be specific on this. Drive thrus — problem for pedestrian -oriented areas. We can discuss this further. 100 sf/unit is the smallest requirement in the city. City just updated this code. Here are examples of what counts: Updates Overview: definitions pavM or uriPvad lPh Mrcnn eo.ewau ra,�c a s dpvh wwv wllmlaawY�a�a wl s w Ilap terraces In., arc usable- xcesslblc to all rnW lna developm SpM Pd' W Mn wanY�ws SWce Pne ounwies wplatas ...w aa�„w... ooanr�ar,mq>ol�.a�pmbn...e+wp..gr�unlala.mal.r,go<,a ,ndvngmr+ngvd Wt.e.y wgtcee, w.�r, mep t:ppe>. pv�m� w.ter, pwcrneen, r other peteelwf aetttiedena Ihx rrurin f>� evba to �w�ae ■prdr.ed spontaneously for the purpose of active recreation Open fields +as^'[ ntU-4Ihe aetM open space requirement when active open +p+peamerpr. am Pmddrd thate etha fleld Mil heatSlrnly vied. cP�Pnrwrd.� City is working on changes to 19.115 to ensure we are responsive to 1293. 1 am unclear as to the timeline for that, but it is currently in process. Will give you a schedule when I receive it from the Planning Manager. Not sure I understand the question regarding ground floor residential with enclosed yards. Is this relating to the open space comments in the prior row? We discussed this on 9/20 before the Planning Commission meeting on those code .amendments. Other than parking reductions, are there Heartland recommendations you believe we have not implemented? If so, please be specific. Rev. 7/18 recommendations. City should implement the remaining Heartland proposals. Rev. 7/18 Attachment 3 Text message to Tanja Carter — received 10/4/23, 5:58 pm Hello Tanja, I know that today, October 4th is the deadline to submit any comments to the FW board regarding recommendations for business license acceptance or changes. Frankly, I don't feel as though any of the guidelines need to be changed, they just need to be vetted and screened with more due diligence rather than defaulting to denial of a business license simply because of the a persons chosen business name ... if a business name or type of business is in question, the person who is in charge of accepting or denying the application needs to have the training and skills to reach out and learn more about what the business is, where it is located. Etc. In order to make a correct, well informed decision. I think I speak for Lindy when I say Thank you for being an advocate for business development in Federal Way and our businesses at Celebration Center. All the Best, Steve Hunt,Owner of Sola Salons Celebration Center Federal Way, WA Ps ... you have my permission to forward print or share any/all of this text message as you feel may be appropriate. Thank you, Steve Q Rev. 7/18 ORDINANCE NO.23- AN ORDINANCE of the City of Federal Way, Washington, relating to development regulation amendments applicable to the City Center core (CC-C) and City Center frame (CC-F) zones and adoption of a downtown architectural overlay; amending FWRC 19.05.040, 19.05.060, 19.05.160, 19.110.080, 19.115.020, 19.115.050, 19.115.060, 19.115.070, 19.115.090, 19.120.030, 19.125.060, 19.190.010, 19.225.010, 19.225.015, 19.225.020, 19.225.030, 19.225.040, 19.225.050, 19.225.055, 19.225.060, 19.225.070, 19.225.075, 19.225.080, 19.225.090, 19.225.100, 19.225.105 19.225.110, 19.225.120, 19.225.130, 19.225.140, and 19.230.030; adding FWRC 19.245.020 and 19.110.025; and repealing FWRC 19.130.150. (Amending Ordinance Nos. 90-43, 93-170, 96-270, 96-271, 97-2919 97-296, 97-300, 99-333, 00-363, 01-382, 01-385, 01-3909 01-399, 02-424, 03-4439 05-5069 06-515, 06-542, 07-5549 07-559, 08-585, 09-593, 09-6049 09-6059 09-610, 09-6309 09-6339 10-6789 12-7249 12-727, 12-735, 13-750, 13-754, 14-778, 15-797, 17-834, 18-8449 18-8509 20-898, 21-9219 22-929, 22-930, 22-932, 23-9499 23-958, 23-961, and 23-963) 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 initiated code amendments intended to better implement updated Goals and Policies for the City Center and to clarify existing code provisions in the City Center core ("CC-C") and City Center frame ("CC-F") zones; and WHEREAS, State agencies received 60-day notice of the proposed amendments on May 24, 2023 (ID 2023-S-6110); and Ordinance No. 23- Page 1 of 147 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 proposed code amendments on June 2, 2023 and an addendum was issued on July 18, 2023, the City received comments and incorporated those comments into the current ordinance provisions and the DNS was finalized on June 16, 2023, and no appeals were filed and the appeal period has expired; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on October 4, 2023, and forwarded a recommendation of approval to the City Council with incorporation of additional clarifications to the proposed revisions relating to ground floor non-residential requirements and increasing predictability for the school district while preserving City Center incentives; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered these code amendments on November 6, 2023, 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. Ordinance No. 23- Page 2 of 147 (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. (d) These code amendments are consistent with the intent and purpose of its title 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. 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 goals and policies of the City Center Chapter of the Comprehensive Plan. These code amendments have been submitted to implement the revised Goals and Policies of the City Center Chapter processed as part of the annual 2023 Comprehensive Plan Amendments. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare. The proposed code amendments create more urban standards for the city center ensuring higher levels of development will locate near transit infrastructure. Focusing growth close to existing and planned urban mobility infrastructure where people have alternatives such as transit and complete streets will allow greater access to goods, services, and employment. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way by placing better controls in place for the City Center and downtown area Ordinance No. 23- Page 3 of 147 to ensure this portion of the City develops consistently with the adopted vision for the area. In addition, by providing minimum development requirements, the City will ensure its Regional Growth Center designation is retained thereby allowing access to PSRC-allocated transportation funding. Section 3. FWRC 19.05.040 is hereby amended to read as follows: 19.05.040 D defmitions. "Day care facility, commercial" means the temporary, nonresidential care of persons on a recurring basis. See FWRC Title 19, Division VI, Zoning Regulations. "Dedication" means the deliberate appropriation of land by its owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public uses or purposes to which the property has been devoted. "Deleterious substance" includes, but is not limited to, chemical and microbial substances that are classified as hazardous materials, as defined in this chapter, whether the substances are in usable or waste condition, that have the potential to pose a significant groundwater hazard, or for which monitoring requirements of treatment -based standards are enforced under Chapter 246-290 WAC. "Developable site area" means the total area of land available for development of buildings on a parcel, not including portions of property encumbered by land use regulations or other governmental restrictions that would prevent development of a building, such as public utility easements, required yards, critical areas or buffers. , "Development" means any human activity consisting of any construction, expansion, reduction, demolition, or exterior alteration of a building or structure; any use, or change in use, of a building or structure; any human -caused change to land whether at, above, or below ground or water level; and any use, or change in use, of land whether at, above, or below ground or water level. Ordinance No. 23- Page 4 of 147 "Development" includes, but is not limited to, any activity that requires a permit or approval under zoning ordinances, subdivision ordinances, building code ordinances, critical areas ordinances, all portions of a shoreline master program, surface water ordinances, planned unit development ordinances, binding site plan ordinances, and development agreements; including but not limited to any activity that requires a building permit, grading permit, shoreline substantial development permit, conditional use permit, special use permit, zoning variance or reclassification, subdivision, short subdivision, urban planned development, binding site plan, site development, or right-of- way use permit. "Development" also includes, but is not limited to, filling, grading, paving, dredging, excavation, mining, drilling, bulkheading; driving of piling; placing of obstructions to any right of public use; and the storage of equipment or materials. "Development regulation" means controls placed on development or land use, but does not include decisions to approve a project permit application even though they may be expressed in a resolution or ordinance. "Diameter at breast height (dbh)" means the diameter of a tree trunk as measured at four and one- half feet above the ground surface. "Director" means the director of the department of community development, also known as the department of community developmentes, unless the context indicates otherwise. "Distillery" means an establishment primarily engaged in the production of distilled spirits, including all of the equipment and materials required for such production, and may include accessory uses such as tours of the distillery, sales, and/or on -site consumption, e.g., a tasting room. "Domestic animal" means an animal which can be and is customarily kept or raised in a home or on a farm. Ordinance No. 23- Page 5 of 147 "Dredging" means removal of earth and other materials from a body of water, a watercourse, or a wetland. "Dredging spoils" means the earth and other materials removed from a body of water, a watercourse, or a wetland by dredging. "Driveway" means an area of the subject property designed to provide vehicular access to a parking area or structure located on the subject property. "Dry land" means the area of the subject property landward of the high water line. "Dwelling unit" means one or more rooms in a structure or structures, excluding mobile homes and outdoor storage containers and similar structures used or designed to be used as living facilities, providing complete, independent living facilities exclusively for one family, including permanent provisions for living, sleeping, cooking and sanitation. A factory -built home or manufactured home is considered a dwelling unit under this title only if it meets the standards and criteria of a designated manufactured home established in RCW 35A.63.145. There are the following 13 types of dwelling units: (a) "Dwelling unit, attached" means a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or other uses above or below it. (b) "Dwelling unit, detached" means a dwelling unit that is not attached or physically connected to any other dwelling unit or other use. (c) "Dwelling unit, efficiency" means a small one -room unit, which includes all living and cooking areas with a separate bathroom. Ordinance No. 23- Page 6 of 147 (d) "Dwelling unit, stacked" means a dwelling unit that has one or more horizontal walls in common with, or attached to, one or more other dwelling units or other uses and may have one or more vertical walls in common with, or adjacent to, one or more other dwelling units or other uses. (e) "Dwelling unit, multifamily" means a building containing two or more dwelling units, which are either attached or stacked. See definition of "dwelling unit, townhouse." (f) "Dwelling unit, senior citizen housing" means housing available for the exclusive occupancy of persons over 55 years of age. (g) "Dwelling unit, small lot detached" means detached residential dwelling units developed on multifamily -zoned property. Each unit is located on its own fee simple lot. One of the dwelling unit's sides may rest on a lot line (zero lot line) when certain site development conditions are met. (h) "Dwelling unit, special needs housing" means housing not specifically defined by this title, and which will be processed under the classification most closely related to the proposed use, as determined by the director. (i) "Dwelling unit, studio" means a one -room unit, which includes all living and cooking areas with a separate bathroom. Studios may have a wide open living space, and are typically larger than an "efficiency apartment." Studio apartments can contain a loft. 0) "Dwelling unit, townhouse" means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over. another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. (k) "Dwelling unit, zero lot line townhouse" means attached residential dwelling units with common (or "party") walls. Each unit is located on a lot in such a manner that one or more of the dwelling's sides. rest on a lot line. Each unit has its own entrance opening to the outdoors (to the Ordinance No. 23- Page 7 of 147 street, alley, or private tract) and, typically, each house is a complete entity with its own utility connections. Although most townhouses have no side yards, they have front and rear yards. The land on which the townhouse is built, and any yard, is owned in fee simple. (1) "Dwelling unit, permanent supportive housing and transitional housing" means housing that combines low -barrier affordable housing, health care, and supportive services for individuals and families experiencing homelessness or at imminent risk of homelessness and persons with a disability that presents barriers to employment and housing stability. Permanent supportive housing may prioritize people who need comprehensive support services to retain tenancy and utilize admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing. Permanent supportive housing has no limit on length of stay, whereas transitional housing is typically no more than two years. Permanent supportive housing is paired with on -site or off -site voluntary services. (m) "Dwelling unit, accessory dwelling unit (ADU)" means a dwelling unit that is accessory to the primary dwelling unit located on the subject property, and which either: (i) Is a freestanding detached structure or part thereof, or (ii) Has one or more vertical and/or horizontal walls in common with or attached to the primary dwelling unit but is separate from the primary dwelling unit either because there is no interior connection between the ADU and primary dwelling unit, or because any interior connection between the ADU and primary dwelling unit is securable by lock from within the ADU. Notwithstanding the general definition of dwelling unit, factory -built homes, manufactured homes, outdoor storage containers, and similar structures used or designed to be used as living facilities Ordinance No. 23- Page 8 of 147 may constitute ADUs regardless of whether such a structure meets the standards and criteria of a designated manufactured home established in RCW 35A.63.145. Section 4. FWRC 19.05.060 is hereby amended to read as follows: 19.05.060 F defmitions. "Facade" means the entire building front including the parapet. "Family" means one or more individuals regardless of relatedness living in a residential structure, so long as the individuals are the functional equivalent of a related family. Whether a particular group of individuals living in a residential structure is the functional equivalent of a related family is based on the following criteria: (1) Whether the individuals act as separate roomers; (2) Whether the individuals include minor, dependent children regularly residing in the household; (3) Whether expenses for food, rent or ownership costs, utilities, and other household expenses are shared; (4) Whether use of furniture and appliances is shared; (5) Whether the individual's relationship constitutes a permanent living arrangement, or is instead a framework for transient living; (6) Whether occupants maintain a stable composition that does not change from year to year, or within the year; (7) Whether the individuals are part of a society, fraternity, sorority, lodge, organization, or other group of students or other individuals where the common living arrangement or basis for the establishment of the common living arrangement is temporary; and (8) Whether there are any other factors reasonably related to whether or not the group of individuals is the functional equivalent of a family. Ordinance No. 23- Page 9 of 147 "Family day care" means a business regularly providing care during part of the 24-hour day to 12 or fewer persons, including children and/or adults, and the children, if applicable, of the day care provider, in the family abode of the person or persons under whose direct care those receiving care are placed. Family day care includes family day care homes for children as defined by RCW 35.63.170 and in -home day care for adults. See FWRC 19.105.070. "Farmers market" means a temporary (typically outdoor) or permanent (indoor or outdoor) market where farmers, producers, and other vendors sell whole produce; value-added agricultural products such as jams, jellies, and pickles; prepared food; plants; flowers; meats; dairy products; shellfish and finfish; and other food -related products. Additionally, some vendors may sell non -food -related products and services. The majority of products for sale throughout the course of the calendar year shall be food -related products, plants, flowers, and hand crafted arts and crafts products as determined by the number of vendors selling said products. Entertainment and other community activities may also be provided and are typically not considered to be market vendors; however, these other activities shall be ancillary in nature and support the primary purpose of providing a venue for farmers to sell fresh produce and other agricultural products. "Farm stand" means a structure accessory to a community garden, urban farm, or cottage food operation for the display and sale of vegetables or produce, flowers, orchard products, animal products, locally produced packaged food products, and similar products grown or produced on the general property on which the stand is located. See the definitions for "community gardens," "cottage food operation," and "urban farm." "Fast food restaurant" means an establishment which offers quick food service which is accomplished through one or more of the following mechanisms: (1) Limited menu of easily produced items. Ordinance No. 23- Page 10 of 147 (2) Orders are not taken at the customer's table. (3) Food is served in disposable wrappings or containers. "Fence" means a manmade barrier or wall constructed for the purpose of enclosing space or separating parcels of land. "Festoons" means a string of ribbons, tinsel, small flags, or pinwheels "Fill" means depositions of earth materials by artificial means. "Fill material" means dirt, rock, gravel, broken concrete, and similar substances used to change the level of the ground or to provide an even surface, but excluding topsoil, bark, rocks, or gravel placed on the surface of the ground for gardening, landscaping, or ornamental purposes. "Finished grade" means the final contour of the land surface prior to landscaping. "Fish and wildlife habitat conservation areas" means those areas necessary for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created as designated by WAC 365-190-130. These areas include: (1) Areas where endangered, threatened, and sensitive species have primary association; (2) Habitats and species of local importance, as determined locally; (3) Commercial and recreational shellfish areas; (4) Kelp and eelgrass beds, herring, smelt, and other forage fish spawning areas; (5) Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat; (6) Waters of the state; (7) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; and (8) State natural area preserves, natural resource conservation areas, and state wildlife areas. Ordinance No. 23- Page 11 of 147 "Flag" means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem, or for decoration. "Flag lot" " " means a lot in the shape of a flag or pan that is connected to the road or street right-of-way by a narrow strip of land. The narrow strip of land connecting the main portion of the lot to the road or street right-of-way is the "flag pole" or "access panhandle" part of the lot. "Floor" means the horizontal surface inside a structure designed and intended for human use and occupancy. "Floor area" means the total area of a building floor plate in gross square feet. "Floor area ratio" or "FAR" means the relationshib on a barcel between: (1 ) the total square footage of all floors, excluding_ parking areas. in a building or buildings as measured from the interior surface of each exterior wall of each such building; and (2) the developable site area. Floor area ratio is determined by dividine the number calculated under the first subsection of this definition by the number calculated under the second subsection of this definition. Floor area ratio for developments where the subject property includes multiple parcels is determined by summing the numbers calculated under the first subsection of this definition for each parcel, and dividing by the sum of the developable site area on the subject property. Refer to FWRC 19.110.025 for calculation of FAR for developments with both residential and non-residential components and/or mixed -use buildings. "Frontage of a property" means the length of the property line along any public right-of-way on which it borders. "Frontage of a building" means the length of an outside building wall on a public right-of-way. Ordinance No. 23- Page 12 of 147 Section 5. FWRC 19.05.160 is hereby amended to read as follows: 19.05.160 P definitions. "Panhandle lot" means flag lot. "Parking area" means any area designed or used for parking vehicles. "Parking space" means an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use. "Parking structure" or "structured parking' means a building or structure consisting of more than one level, above and/or below ground, and used for temporary storage of motor vehicles. Pea Patch Garden. See the definition for "community gardens." "Pedestrian oriented" means a street that is designed to encourage pedestrian movement and pedestrian orientation in relationship to buildings. "Pedestrian walkway" or "pedestrian pathway" means a footpath for pedestrian travel which traverses alon or cuts across a block to facilitate pedestrian movement includin ublic sidewalks and private walkways. "Personal wireless service facility (PWSF)" and/or "wireless communication facility (WCF)" mean facilities associated with the provision of personal wireless services. "Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. "Plaza" means a pedestrian space that is available for public use and is situated near a main entrance to a building or is clearly visible and accessible from the adjacent right-of-way. Typical features and furnishings include special paving, landscaping, pedestrian -scale lighting, seating areas, weather protection, water features, art, trash receptacles, and bicycle racks. Ordinance No. 23- Page 13 of 147 "Portable moving containers" means new or used prefabricated units that can be rented by residential or business customers for temporary accessory moving and storage activities, including, but not limited to, such products trademarked as "PODS" (Personal on Demand Storage), "SAM" (Store and Move), and "Door to Door." Such containers are typically delivered to a site by truck, left on site for a temporary loading period, then retrieved by truck and delivered to another location, which may include a storage facility. See FWRC 19.275.020. "Preapplication conference" means a meeting, between an applicant and members of the development review committee, which is held prior to formal application, during which the project is discussed relative to pertinent codes and regulations. "Primary vehicular access" means the street, vehicular access easement, or private tract from which the majority of vehicles enter the subject property. "Principal use" means the primary or predominant use of any lot or parcel. "Private club" means an association of persons organized for some common purpose, but not including groups organized primarily to sell merchandise or render a service which is customarily carried on as a business. "Property line" means those lines enclosing the subject property and those lines defining a recorded vehicular access easement or tract. The following are categories of property lines: (1) The front property line is any property line that is adjacent to a primary vehicular access. If the subject property is adjacent to more than one primary vehicular access, the applicant shall designate which of the adjacent property lines is the front property line and the remainder of such adjacent property lines will be considered as either a rear property line or side property line, based on the definition in this section, except the property line adjacent to an arterial or primary collector shall not be designated as a primary vehicular access. Ordinance No. 23- Page 14 of 147 (2) For flag lots, the yard setbacks shall be applied per the following graphic: (3) The rear property line is any property line that is farthest from, and essentially parallel to, the front property line. (4) The side property line is any property line other than a front property line or a rear property line. "Public park" means a natural or landscaped area, provided by a unit of government, to meet the active or passive recreational needs of people. "Public space" means a passive or active recreational area designed specifically for use by the general public as opposed to serving merely as a setting for the building. Such areas may include parks, gardens, plazas, entrance lobbies, arboretums, solariums, and bandstands, or an approved combination thereof, and may contain exterior or interior spaces. Such areas shall be easily accessible from adjacent public areas and available to the public at least 12 hours each weekday. Public on -site open space may be privately owned, but must be permanently set aside and maintained for the use and benefit of the public. "Public utility" means the facilities of a private business organization such as a public service corporation, or a. governmental agency performing some public service and subject to special governmental regulations, the services which are paid for directly by the recipients thereof. Such services shall include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and transportation for persons and freight. The term also includes broadcast towers, antennas and related facilities operated on a commercial basis. "Public works director" means the director of the department of public works of the city. Section 6. FWRC 19.110.080 is hereby amended to read as follows: 19.110.080 Increases to single -story construction limits — City center eofe-a*d-frame. Ordinance No. 23- Page 15 of 147 (1) Generally. The size of single -story buildings, and/or the total amount of new single -story construction that can occur on a site may exceed the limits of 16,000 gross square feet as required by Chapters 19.225 and 19.230 FWRC, if approved by the director using the provisions in this section. The intent of this section is to encourage creative design proposals and urban -scale, pedestrian -oriented development, by allowing single -story buildings and/or single -story construction on a site to exceed the limits of 16,000 square feet, based on the nature and extent to which a project incorporates a mix of uses, multiple -story buildings, and/or public on -site open space. (2) Formula. The following formula establishes the incremental increases beyond 16,000 gross square feet that may be added to an existing or proposed single -story building(s) anywhere on the site, in exchange for the specified uses and building forms: (a) One thousand square feet may be added in exchange for each 1,000 square feet of a principal use(s) contained in an attached or detached mixed-use/multiple-story building. (b) Two thousand square feet may be added in exchange for each dwelling unit contained in an attached or detached mixed-use/multiple-story building. (c) One thousand square feet may be added in exchange for each five parking stalls contained in an attached or detached parking structure. - (d) One thousand square feet may be added in exchange for each 1,000 square feet of public on -site open space; provided, that it is located and designed according to the definition and design criteria for public on -site open space set forth in Chapter 19.115 FWRC. (3) Modifications. The director may approve minor modifications to the above formula based on unusual site conditions or unique design proposals, provided the resulting project is consistent with Ordinance No. 23- - Page 16 of 147 comprehensive plan policies promoting urban -scale, pedestrian -oriented development in the city center, and meets all other applicable development regulations and design standards. (4) Exclusion from size limits. Those portions of a ground floor that are covered by upper floor space, within buildings approved under this section, are excluded from the size limits of Chapter 19.80 FWRC. Section 7. FWRC 19.115.020 is hereby amended to read as follows: 19.115.020 Administration. Applications subject to community design guidelines and crime prevention through environmental design (CPTED) shall be processed as a component of the governing land use process, and the director shall have the authority to approve, modify, or deny proposals under that process. Unlike development standards in the zoning code, this chapter contains guidelines that are intended sewwritten as performance objectives for develeping the appFepfiate achieving, siting and design solutions for each development on each unique site. Decisions under this chapter will consider proposals on the basis of individual merit and will encourage -allow for creative design solutions to achieve the stated purpose and objectives of this chapter. To further such creative design alternatives, and in recognition of site -specific opportunities and constraints, decisions under this chapter may allow for limited departure from any specific or numeric provisions contained in these guidelines, provided the end result is consistent with the purpose s+�t of this chapter. Decisions under this chapter are appealable using the appeal procedures of the applicable land use process. Section 8. FWRC 19.115.050 is hereby amended to read as follows: 19.115.050 Site design — All zoning districts, except CC-C. (1) General criteria. Ordinance No. 23- Page 17 of 147 (a) Natural amenities such as views, significant or unique trees, or groupings of trees, creeks, riparian corridors, and similar features unique to the site should be incorporated into the design. (b) Pedestrian areas and amenities should be incorporated in the overall site design. Pedestrian areas include but are not limited to outdoor plazas, arcades, courtyards, seating areas, and amphitheaters. Pedestrian amenities include but are not limited to outdoor benches, tables and other furniture, balconies, gazebos; transparent glass at the ground floor, and landscaping. (c) Pedestrian areas should be easily seen, accessible, and located to take advantage of surrounding features such as building entrances, open spaces, significant landscaping, unique topography or architecture, and solar exposure. (d) Project designers shall strive for overall design continuity by using similar elements throughout the project such as architectural style and features, materials, colors, and textures. (e) Place physical features, activities, and people in visible locations to maximize the ability to be seen, and therefore, discourage crime. For example, place cafes and food kiosks in parks to increase natural surveillance by park users, and place laundry facilities near play equipment in multiple -family residential development. Avoid barriers, such as tall or overgrown landscaping or outbuildings, where they make it difficult to observe activity. (f) Provide access control by utilizing physical barriers such as bollards, fences, doorways, etc., or by security hardware such as locks, chains, and alarms. Where appropriate, utilize security guards. All of these methods result in increased effort to commit a crime and, therefore, reduce the potential for it to happen. Ordinance No. 23- Page 18 of 147 (g) Design buildings and utilize site design that reflects ownership. For example, fences, paving, art, signs, good maintenance, and landscaping are some physical ways to express ownership. Identifying intruders is much easier in a well-defined space. An area that looks protected gives the impression that greater effort is required to commit a crime. A cared - for environment can also reduce fear of crime. Areas'that are run down and the subject of graffiti and vandalism are generally more intimidating than areas that do not display such characteristics. (2) Surface parking lots. (a) Site and landscape design for parking lots are subject to the requirements of Chapter 19.125 FWRC. (b) Vehicle turning movements shall be minimized. Parking aisles without loop access are discouraged. Parking and vehicle circulation areas shall be clearly delineated using directional signage. (c) Driveways shall be located to be visible from the right-of-way but not impede pedestrian circulation on -site or to adjoining properties. Driveways should be shared with adjacent properties to minimize the number of driveways and curb cuts. (d) Multi -tenant developments with large surface parking lots adjacent to a right -of --way are encouraged -to incorporate retail pads against the right-of-way to help break up the large areas of pavement. (e) See FWRC 19.115.090 for supplemental guidelines. (3) Parking structures (includes parking floors located within commercial buildings). (a) The bulk (or mass) of a parking structure as seen from the right-of-way should be minimized by placing its short dimension along the street edge. The parking structure Ordinance No. 23- Page 19 of 147 should include active uses such as retail, offices or other commercial uses at the ground level and/or along the street frontage. (b) Parking structures which are part of new development shall be architecturally consistent with exterior architectural elements of the primary structure, including rooflines, facade design, and finish materials. (c) Parking structures should incorporate methods of articulation and accessory elements, pursuant to FWRC 19.115.060(3)(b), on facades located above ground level. (d) Buildings built over parking should not appear to "float" over the parking area, but should be linked with ground level uses or screening. Parking at grade under a building is discouraged unless the parking area is completely enclosed within the building or wholly screened with walls and/or landscaped berms. (e) Top deck lighting on multi -level parking structures shall be architecturally integrated with the building, and screened to control impacts to off -site uses. Exposed fluorescent light fixtures are not permitted. (f) Parking structures and vehicle entrances should be designed to minimize views into the garage interior from surrounding streets. Methods to help minimize such views may include, but are not limited to, landscaping, planters, and decorative grilles and screens. (g) Security grilles for parking structures shall be architecturally consistent with and integrated with the overall design. Chain -link fencing is not permitted for garage security fencing. (h) See FWRC 19.115.090(3)(d) for supplemental guidelines. (4) Pedestrian circulation and public spaces. Ordinance No. 23- Page 20 of 147 (a) Primary entrances to buildings, except for zero lot line townhouse development and attached dwelling units oriented around an internal courtyard, should be clearly visible or recognizable from the right-of-way. Pedestrian pathways from rights -of -way and bus stops to primary entrances, from parking lots to primary entrances, and pedestrian areas, shall be accessible and should be clearly delineated. (b) Pedestrian pathways and pedestrian areas should be delineated by separate paved routes using a variation in paved texture and color, and protected from abutting vehicle circulation areas with landscaping. Approved methods of delineation include: stone, brick or granite pavers; exposed aggregate; or stamped and colored concrete. Paint striping on asphalt as a method of delineation is not encouraged. a Ndes&lan patmays from R.O.W. Figure 1 — FWRC 19.115.050(4) Ordinance No. 23- Page 21 of 147 4 • � i � • IL • Pedestrian Connections Figure 2 — FWRC 19.115.050(4) (c) Pedestrian connections should be provided between properties to establish pedestrian links to adjacent buildings, parking, pedestrian areas and public rights -of -way. (d) Bicycle racks should be provided for all commercial developments. (e) Outdoor furniture, fixtures, and streetscape elements, such as lighting, freestanding signs, trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, fencing, etc., should be incorporated into the site design. (f) See FWRC 19.115.090 for supplemental guidelines. (5) Landscaping. Refer to Chapter 19.125 FWRC for specific landscaping requirements and for definitions of landscaping types referenced throughout this chapter. (6) Commercial service and institutional facilities. Refer to FWRC 19.125.040 and 19.125.150 for requirements related to garbage and recycling receptacles, placement and screening. (a) Commercial services relating to loading, storage, trash and recycling should be located in such a manner as to optimize public circulation and minimize visibility into such facilities. Service yards shall comply with the following: Ordinance No. 23- Page 22 of 147 (i) Service yards and loading areas shall be designed and located for easy access by service vehicles and tenants and shall not displace required landscaping, impede other site uses, or create a nuisance for adjacent property owners. (ii) Trash and recycling receptacles shall include covers to prevent odor and wind- blown litter. (iii) Service yard walls, enclosures, and similar accessory site elements shall be consistent with the primary building(s) relative to architecture, materials and colors. (iv) Chain -link fencing shall not be used where visible from public streets, on -site major drive aisles, adjacent residential uses, or pedestrian areas. Barbed or razor wire shall not be used. Trash and storage areas Figure 3 - FWRC 19.115.050(6) Ordinance No. 23- - Page 23 of 147 :4llrr "lull 17ailuu .nnttrl I-oaarng areas Figure 4 — FWRC 19.115.050(6) (b) Site utilities shall comply with the following: (i) Building utility equipment such as electrical panels and junction boxes should be located in an interior utility room. (ii) Site utilities including transformers, fire standpipes and engineered retention ponds (except biofiltration swales) should not be the dominant element of the front landscape area. When these must be located in a front yard, they shall be either undergrounded or screened by walls and/or Type I landscaping, and shall not obstruct views of tenant common spaces, public open spaces, monument signs, and/or driveways. (7) Miscellaneous site elements. (a) Lighting shall comply with the following: (i) Lighting levels shall not spill onto adjacent properties pursuant to FWRC 19.105.030(3). Ordinance No. 23- Page 24 of 147 (ii) Lighting shall be provided in all loading, storage, and circulation areas, but shall incorporate cut-off shields to prevent off -site glare. (iii) Lighting standards shall not reduce the amount of landscaping required for the project by Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping. (b) Drive -through facilities, such as banks, cleaners, fast food, drug stores and service stations, etc., shall comply with the following: (i) Drive -through windows and stacking lanes are not encouraged along facades of buildings that face a right-of-way. If they are permitted in such a location, then they shall be visually screened from such street by Type III landscaping and/or architectural element, or combination thereof; provided, such elements reflect the primary building and provide appropriate screening. (ii) The stacking lane shall be physically separated from the parking lot, sidewalk, and pedestrian areas by Type III landscaping and/or architectural element, or combination thereof, provided, such elements reflect the primary building and provide appropriate separation. Painted lanes are not sufficient. (iii) Drive -through speakers shall not be audible off -site. (iv) A bypass/escape lane is recommended for all drive -through facilities. (v) See FWRC 19.115.090(4) for supplemental guidelines. Section 9. FWRC 19.115.060 is hereby amended to read as follows: 19.115.060 Building design — All zoning districts, except CC-C. (1) General criteria. (a) Emphasize, rather than obscure, natural topography. Buildings should be designed to "step up" or "step down" hillsides to accommodate significant changes in elevation, unless Ordinance No. 23- Page 25 of 147 this provision is precluded by other site elements such as stormwater design, optimal traffic circulation, or the proposed function or use of the site. See FWRC 19.120.110 for related standards for development on sites with slopes of 15 percent or greater. Emphasizing natural EepDgraphy Figure 5 — FWRC 19.115.060(1) (b) Building siting or massing shall preserve public viewpoints as designated by the comprehensive plan. or other adopted plans or policies. (c) Materials and design features of fences and walls should reflect that of the primary building(s) and shall also meet the applicable requirements of FWRC 19.120.120, Rockeries and retaining walls. (2) Building facade modulation and screening options, defined. Except for zero lot line townhouse development and attached dwelling units, all building facades that are both longer than 60 feet and are visible from either a right-of-way or residential use or zone shall incorporate facade treatment according to this section. Subject facades shall incorporate at least two of the four options described herein; except, however, facades that are solidly screened by Type I landscaping, pursuant to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, may use facade modulation as the sole option under this section. Options used under this section shall be Ordinance No. 23- Page 26 of 147 incorporated along the entire length of the facade, in any approved combination. Options used must meet the dimensional standards as specified herein; except, however, if more than two are used, dimensional requirements for each option will be determined on a case -by -case basis; provided, that the gross area of a pedestrian plaza may not be less than the specified minimum of 200 square feet. See FWRC 19.115.090(3) for guidelines pertaining to city center core and city center frame. (a) Facade modulation. Minimum depth: two feet; minimum width: six, feet; maximum width: 60 feet. Alternative methods to shape a building, such as angled or curved facade elements, off -set planes, wing walls and terracing, will be considered; provided, that the intent of this section is met. lncorpoaalN madubrms Figure 6 — FWRC 19.115.060(2) (b) Landscape screening. Eight -foot -wide Type II landscape screening along the base of the facade, except Type IV may be used in place of Type II for facades that are comprised of 50 percent or more window area, and around building entrance(s). For building facades that are located adjacent to a property line, some or all of the underlying buffer width Ordinance No. 23- Page 27 of 147 required by Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, may be considered in meeting the landscape width requirement of this section. o oto ixf` V# o . lncorporaoing landscaped buffers Figure 7 — FWRC 19.115.060(2) (c) Canopy or arcade. As a modulation option, canopies or arcades may be used only along facades that are visible from a right-of-way. Minimum length: 50 percent of the length of the facade using this option. kwrporzft canopydamade Figure 8 — FWRC 19.115.060(2) Ordinance No. 23- Page 28 of 147 (d) Pedestrian plaza. Size of plaza: Plaza square footage is equal to one percent of the gross floor area of the building, but it must be a minimum of 200 square feet. The plaza should be clearly visible and accessible from the adjacent right-of-way. Incarpoeaft pcd"ifen plaza Figure 9 — FWRC 19.115.060(2) (3) Building articulation and scale. (a) Except for zero lot line townhouse development and attached dwelling units, building facades visible from rights -of -way and other public areas should incorporate methods of articulation and accessory elements in the overall architectural design, as described in subsection (3)(b) of this section. BWW Ng arkiAm ch Ordinance No. 23- Page 29 of 147 Figure 10 — FWRC 19.115.060(3) Accessory Elements Figure 11 — FWRC 19.115.060(3) (b) Methods to articulate blank walls. Following is a nonexclusive list of methods to articulate blank walls, pursuant to FWRC 19.125.040(22) and subsection (3)(a) of this section: (i) Showcase, display, recessed windows; (ii) Window openings with visible trim material, or painted detailing that resembles trim; (iii) Vertical trellis(es) in front of the wall with climbing vines or similar planting; (iv) Set the wall back and provide a landscaped or raised planter bed in front of the wall, with plant material that will obscure or screen the wall's surface; (v) Artwork such as mosaics, murals, decorative masonry or metal patterns or grillwork, sculptures, relief, etc., over a substantial portion of the blank wall surface. (The Federal Way arts commission may be used as an advisory body at the discretion of the planning staff); Ordinance No. 23- Page 30 of 147 (vi) Architectural features such as setbacks, indentations, overhangs, projections, articulated cornices, bays, reveals, canopies, and awnings; (vii) Material variations such as colors, brick or metal banding, or textural changes; and (viii) Landscaped public plaza(s) with space for vendor carts, concerts and other pedestrian activities. (c) See FWRC 19.115.090(3) for supplemental guidelines. I Showcase windows 1? Ila a►* are Vertical Ire Iles Figure 12 — FWRC 19.115.060(3) Landscaping ArChRec(UMI Icatiures ArchlWctwral Itaalures Iitaterlal varlallons Figure 13 — FWRC 19.115.060(3) Artwork-Muri Landscaped pUbtbc plmss (4) Methods to reduce building massing. The following is a nonexclusive list of methods to be utilized in construction of buildings in order to reduce their impacts on development located in an adjoining zoning district that permits less intensive residential or commercial uses: (a) Reduce the apparent bulk of a building by breaking it into several smaller masses and varying the roof line with architectural elements. Ordinance No. 23- Page 31 of 147 (b) Consider options such as upper level setbacks in order to minimize bulk and shadow impacts on adjacent development. 0 Section 10. FWRC 19.115.070 is hereby amended to read as follows: 19.115.070 Building and pedestrian orientation — All zoning districts, except CC-C. (1) Building and pedestrian orientation, for all buildings except zero lot line townhouse development and attached dwelling units. (a) Buildings should generally be oriented to rights -of -way, as more particularly described in FWRC 19.115.090. Features such as entries, lobbies, and display windows should be oriented to the right-of-way; otherwise, screening or art features such as trellises, artwork, murals, landscaping, or combinations thereof should be incorporated into the street - oriented facade. (b) Plazas, public open spaces and entries should be located at street corners to optimize pedestrian access and use. Shared pubic speceslplazas Figure 14 — FWRC 19.115.070(1) (c) All buildings adjacent to the street should provide visual access from the street into human services and activities within the building, if applicable. Ordinance No. 23- Page 32 of 147 (d) Multiple buildings on the same site should incorporate public spaces (formal or informal). These should be integrated by elements such as plazas, walkways, and landscaping along pedestrian pathways, to provide a clear view to destinations, and to create a unified, campus -like development. Section 11. FWRC 19.115.090 is hereby amended to read as follows: 19.115.090 District guidelines. In addition to the foregoing development guidelines, the following supplemental guidelines apply to individual zoning districts and/or overlay areas: (1) Professional office (PO), neighborhood business (BN), and community business (BC). (a) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right- of-way maximizes pedestrian access and circulation pursuant to FWRC 19.115.050(4). (b) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and shall incorporate windows and other methods of articulation. (c) Building entrances shall be architecturally emphasized and shall incorporate transparent glass. (d) Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings, and/or streetscape amenities, in a context -sensitive amount and combination, considering the scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and access to other existing plaza or streetscape features. (e) Ground -level mirrored or reflective glass is not allowed adjacent to a public right-of- way or pedestrian area. Ordinance No. 23- Page 33 of 147 (f) If utilized, chain -link fences visible from public rights -of -way or adjacent properties, and not screened by Type I landscaping as defined by Chapter 19.125 FWRC, shall utilize vinyl - coated mesh, powder -coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern. For residential uses only: (g) Landscaped yards shall be provided between building(s) and public street(s). Parking lots should be beside or behind buildings that front upon streets. (h) Parking lots should be broken up into rows containing no more than 10 adjacent stalls, separated by planting areas. (i) Pedestrian walkways (minimum six feet wide) shall be provided between the interior of the project and the public sidewalk. 0) Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields. V, Figure 16 — FWRC 19.115.090(1) (k) Principal entries to buildings shall be highlighted with plaza or garden areas containing planting, lighting, seating, trellises and other features. Such areas shall be located and designed so windows overlook them. Ordinance No. 23- Page 34 of 147 Figure 17 — FWRC 19.115.090(1) (1) Common recreational spaces shall be located and arranged so that windows overlook them. Figure 18 — FWRC 19.115.090(1) (m) Units on the ground floor (when permitted) shall have private outdoor spaces adjacent to them so those exterior portions of the site are controlled by individual households. Ordinance No. 23- Page 35 of 147 Figure 19 — FWRC 19.115.090(1) (n) All new buildings, including accessory buildings such as carports and garages in PO and BN zones only, shall appear to have a roof pitch ranging from at least 4:12 to a maximum of 12:12. Figure 20 — FWRC 19.115.090(1) (o) Carports and garages in front yards should be discouraged. (p) Building facades that exceed 120 feet in length and are visible from an adjacent residential zone, right-of-way, public park, or recreation area shall incorporate a significant structural modulation (offset). The minimum depth of the modulation shall be approximately equal to 10 percent of the total length of the subject facade and the minimum width shall be approximately twice the minimum depth. The modulation shall be integral to the building structure from base to roofline. Ordinance No. 23- Page 36 of 147 (q) Buildings should be designed to have a distinct base, middle and top. The base (typically the first floor) should contain the greatest number of architectural elements such as windows, materials, details, overhangs, cornice lines, and masonry belt courses. The midsection, by comparison, may be simple. (Note: single -story buildings have no middle.) The top should avoid the appearance of a flat roof and include distinctive roof shapes including but not limited to pitched, vaulted or terraced, etc. ■� "MM■■ ■■ ■■ MM Figure 21 — FWRC 19.115.090(1) (r) Residential design features, including but not limited to entry porches, projecting window bays, balconies or decks, individual windows (rather than strip windows), offsets and cascading or stepped roof forms, shall be incorporated into all buildings. Window openings shall have visible trim material or painted detailing that resembles trim. (s) Subsection (1)(n) of this section shall apply to self-service storage facilities. (2) Office park (OP) and commercial enterprise (CE). (a) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right- of-way maximizes pedestrian access and circulation pursuant to FWRC 19.115.050(4). (b) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way. Ordinance No. 23- Page 37 of 147 (c) Building entrances shall be architecturally emphasized and shall incorporate transparent glass. (d) Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings, and/or streetscape amenities, in a context -sensitive amount and combination, considering the scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and accessibility from the building to other existing plaza or streetscape features. (e) Ground -level mirrored or reflective glass is not allowed adjacent to a public right-of- way or pedestrian area. (f) If utilized, chain -link fences visible from public rights -of -way or adjacent properties, and not screened by Type I landscaping as defined in Chapter 19.125 FWRC, shall utilize vinyl - coated mesh; powder -coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern. For non -single-family residential uses only: (g) Subsections (1)(g) through (r) of this section shall apply. (3) City center •.frame (CC-F). (a) The city center rand frame contains transitional forms of development with surface parking areas. However, as new development or redevelopment occurs, the visual dominance of surface parking areas shall be eliminated or reduced. Therefore, parking shall be located behind building(s), with building(s) ' located between rights -of -way and the parking area(s), or in structured parking,_ Any surface parking and drivingareas reas located along a right-of-way may not occupy more than 40 percent of the Ordinance No. 23- Page 38 of 147 roject's linear frontage along nnci al pedestrian riht s -of-wa , as determined by the director.; ��a_,,, .,.,:., . ,� P-Urnmy "Oslo 7 (b) Principal entrance facades shall front on, face, or be clearly recognizable from the right- of-way, and/or from the principal pedestrian right-of-way, as determined by the director, for projects exposed to more than one right-of-way. (c) Building facades shall incorporate a combination of facade treatment options as listed in FWRC 19.115.060(2) and (3)(b), to a degree that is appropriate to the building size, scale, design, and site context, and according to the following guidelines: (i) Principal facades containing a major entrance, or located along a right-of-way, or clearly visible from a right-of-way or public sidewalk, shall incorporate a variety of pedestrian -oriented architectural treatments, including distinctive and prominent entrance features; transparent glass such as windows, doors, or window displays in and adjacent to major entrances; structural modulation where appropriate to break Ordinance No. 23- Page 39 of 147 down building bulk and scale; modulated rooflines, forms, and heights; architectural articulation; canopies; arcades; pedestrian plazas; murals or other artwork; and streetscape amenities. At least 40 percent of any ground level principal facade located along a right-of-way must contain transparent glass. Landscaping shall be used to define and highlight building entrances, plazas, windows, walkways, and open space, and may include container gardens, wall and window planters, hanging baskets, seasonal beds, trellises, vines, espaliered trees and shrubs, and rooftop gardens. Landscaping should not block views to the building or across the site. Foundation landscaping may be used to enhance but not replace architectural treatments. (ii) Secondary facades not containing a major building entrance, or located along a right-of-way, or clearly visible from a right-of-way or public sidewalk, may incorporate facade treatments that are less pedestrian -oriented than in subsection (3)(c)(i) of this section, such as a combination of structural modulation, architectural articulation, and foundation landscaping. (iii) Principal facades of single -story buildings with more than 16,000 square feet of gross ground floor area shall emphasize facade treatments that reduce the overall appearance of bulk and achieve a human scale. This may be accomplished through such design techniques as a series of distinctive entrance modules or "storefronts" framed by projecting, offset rooflines, and/or a major pedestrian plaza adjacent to the entrance. (d) Pedestrian pathways shall be provided from rights -of -way, bus stops, parking areas, and any pedestrian plazas and public space to primary building entrances. Where a use fronts Ordinance No. 23- Page 40 of 147 more than one right-of-way, pedestrian access shall be provided from both rights -of -way, or from the right-of-way nearest to the principal building entrance. Multiple -tenant complexes shall provide pedestrian walkways connecting all major business entrances on the site. Pedestrian pathways shall be clearly delineated by separate paved routes using a variation in color and texture, and shall be integrated with the landscape plan. Principal cross -site pedestrian pathways shall have a minimum clear width of six feet in the city cente , and shall be protected from abutting parking and vehicular circulation areas with landscaping. (e) Drive -through facilities and stacking lanes shall not be located along, or in conjunction with, a building facade that faces or is clearly visible from a right-of-way, public sidewalk, or pedestrian plaza. Such facilities shall be located along other, secondary facades, as determined by the director, and shall meet the separation, screening, and design standards listed in FWRC 19.115.050(7)(b)(ii), (iii), and (iv). (f) Above -grade parking structures with a ground level facade visible from a right-of-way shall incorporate any combination of the following elements at the ground level: (i) Retail, commercial, or office uses that occupy at least 50 percent of the building's lineal frontage along the right-of-way; or (ii) A 15-foot-wide strip of Type III landscaping along the base of the facade; or (iii) A decorative grille or screen that conceals interior parking areas from the right- of-way. (g) Facades of parking structures shall be articulated above the ground level pursuant to FWRC 19.115.060(3)(a). Ordinance No. 23- Page 41 of 147 (h) When curtain wall glass and steel systems are used to enclose a building, the glazing panels shall be transparent on 50 percent of the ground floor facade fronting a right-of-way or pedestrian area. (i) Chain -link fences shall not be allowed. Barbed or razor wire shall not be used. 0) For residential uses, subsections (1)(g) through 0), (1), (m), (o), (q), and (r) of this section shall apply. (4) City Center Core (CC-Q. (a) Parking Structures. i Parking structures which are part of new development shall be architectural) consistent with exterior architectural elements of the primary structure, includin rooflines, facade design, and finish materials. (ii) Lighting shall be architecturally inte_g ated with the building, and screened to control iml2acts to off -site uses. Exposed fluorescent light fixtures are not permitted. (iii) Security llir es for parking_ structures shall be architecturally consistent and intejuated with the overall buildin2 desi . iv Any roof deck VgLking shall be treated as a surface parking lot and shall incorporate required landscaping or architectural equivalent. v Parking structures shall be desigged so that vehicles parked within the parking structure are not visible from the street. (b) Pedestrian priority. i Pedestrian pathways shall be provided from rights -of -way, bus stops, parking areas, and any pedestrian plazas and public space to primary building entrances. Where a use fronts more than one ri t-of-wa pedestrian access shall be provided Ordinance No. 23- Page 42 of 147 from each of the rights -of -way. Multi -tenant developments shall provide pedestrian walkways connecting all major business entrances on the site to the ri t-or-wa . Pedestrian pathways shall be clearly delineated by separate paved routes using a variation in color and texture and shall be inte ated with the landscape plan. Principal cross -site pedestrian pathways shall have a minimum clear width of six feet. (ii) Drive -through facilities and stacking lanes shall not be allowed. Gii) Street wall. The buildingshall hall provide a near -continuous street wall for the length of the propegy breaking only for drivewa sprivate or public outdoors aces and limited convenience parking. Where surface parking is provided on site, the presence of the parking will be minimized and separated from any adjacent pedestrian pathways by a 3-foot tall solid wall or 3-foot tall solid continuous evergreen shrub hedge, and either trees or 6-foot vertical ornamental design features spaced at a minimum of evea 30 feet designed to be compatible with the ro'ect. iv Pedestrian weather rotection. A Weather protection shall be included at all pjIblic building entrances. S Weather protection shall be allowed to overhang the sidewalks within public rights -of -way when pennitted by a right-of-way use permit, but shall not extend over the drive lanes. C Pedestrian weather protection shall include the followin : I Where a building wall is adjacent to a pedestrian ,,valkwa weather protection at least 4 feet in width alang at least 50% of the of the building facade will be provided where there is an adjacent Ordinance No. 23- Page 43 of 147 pedestrian way. The weather protection may be in the fonn_of awnings, marquees, canopies, or building overhangs (II) Canopies or awnings shall not extend higher than 15 feet above ground level or lower than 8 feet at the lowest point. (III) The pedestrian covering shall be constructed of highh-quality materials such as glass, metal, or similar compatible material with the building, as determined by the director. (v) Pedestrian areas and amenities, including but not limited to plazas, courtyards, outdoor seating and serving areas, shall be incozporated in the overall site design for eery project. (c) Fencin . Galvanized chain -link fences, electrified fencing, and barbed or razor wire shall not be permitted. (d) Architectural Guidelines. The provisions of this subsection do not apply to those properties located in the Downtown architectural overlay, which are govemed by FWRC 19.115.090(5). (i) Principal entrance facades shall front on, face, or be clearly recognizable from the right-of-way, and/or from adjacent principal pedestrian p9hways. (H) Building facades shall incorporate a combination of facade treatment options as listed in FWRC 19.115.060(2) and (3)(b), to a de ee that is appropriate to the building size, scale, design, and site context and according to the following guidelines: A Principal facades containing an entrance or located along a light -of - way. or clearly visible from a right-of-way or public sidewalk, shall Ordinance No. 23- Page 44 of 147 incorporate a variety of pedestrian -oriented architectural treatments. including distinctive and prominent entrance features; transparent glass such as windows, doors, or window displays in and adjacent to major entrances. structural modulation where appropriate to break down building bulk and scale; modulated rooflines forms, and heights, architectural articulation - canopies; arcades; pedestrian plazas; murals or other artwork; and streetscape amenities. (B) Landscaping shall be used to define and hig �hlight building entrances, plazas, windows, walkways, and open space, and may include container gardens, wall and window planters, hanging baskets, seasonal beds, trellises, vines, espaliered trees and shrubs, and rooftop gardens. Landscapin should hould not block views to the building or across the site. Foundation landscaping may be used to enhance but not replace architectural treatments. (C) Secondary facades not containing a major building. entrance, or located along arit-of-way, or clearly visible from aright -of -way or public sidewalk, may incorporate facade treatments that are less pedestrian -oriented such as a combination of structural modulation, architectural articulation, and foundation landscaping. (e) Mechanical Equipment Standards. (i) Exhaust/venting, trash containers, and noise -generating mechanical systems shall not be placed adjacent to pedestrian walkways in a manner that diminishes the comfort or experience of pedestrians. Ordinance No. 23- Page 45 of 147 (ii) Screenin i� uired for all exterior mechanical equipment. Screening will be laced on all exposed sides exca t when a side or sides are immediately adjacent to the building). All screening will be architecturally compatible with the building architecture and will be at least as tall as the highest point of the equipment. (f) Commercial service and institutional facilities. Refer to FWRC 19.125.150 and 19.125.040 for requirements related to garbage and recycling receptacles, placement, and screenmg. (M Commercial services relating to loading, storage, trash and recycling shall be located in such a manner as to minimize their disruption to public circulation and minimize visibilit into such facilities. In addition, service yards shall comps with the following: Q Service yards and loading areas shall be designed and located for easy access b service vehicles and tenants and shall not displace required landscaping. impede other site uses or create a nuisance for adjacent roe owners. GO Trash and recycling receptacles shall include covers to prevent odor and wind- blown litter. (iii) Service yard walls, enclosures, and similar accessory site elements shall be consistent with the primM buildin s relative to architecture materials and colors. (h) Site utilities shall comply with the following_ (i) Building utility equipment such as electrical panels and junction boxes shall be located in an interior utility room or provided in an underground vault unless site circumstances prohibit these a roaches. ii Site utilities including transformers fire standpipes and en veered retention ponds (except biofiltration swales) shall not be the dominant element of a provided Ordinance No. 23- Page 46 of 147 landscape area. When these must be located in a front yard, they shall be either undergrounded or screened by walls and/or Type I landscaping,landsegping, and shall not obstruct views of tenant common spaces, public open spaces, signs, and/or driveways. iii Areas dedicated for utilities or service needs will be depicted on the site plan. i Pedestrian riori . Drive -through facilities are prohibited. (5) Downtown architectural oherlay__(QT). a Vision. Within the downtown architectural overlay, the City desires a northwest cgaempgM style of buildin . To achieve this vision buildings are ex ected to fill the properties they are located on with little or no propefty uncovered by buildings. Portions of the property uncovered by buildings will provide either thoughtful community atherin spaces or small convenient parking necessary for successful businesses. b Building architecture. Buildings shall have a simple buildinp, base and flat roofs with a comice or similar architectural element designed with depth and detail expressing the to of the building wall. Cornices or similar architectural elements shall be well detailed and of significant proportions (height and depth) that create visual interest and shadow lines. Variation and articulation shall be a lied across the fa ade both vertically and horizontal) to create rhythm and visual interest to break up the building mass and to create a more interesting streetscape for pedestrians. This will help larger buildings appear less massive and more humanly proportioned. (c) Materials. The richness of color and texture inherent in the materials available in the Northwest will be emphasized by lay!Lnng and mixing cool and warm materials to create a well-rounded palette. Cool materials include steel, concrete, glass, and white/gray/black Ordinance No. 23- Page 47 of 147 brick. Warm materials include natural brick and wood. Materials like metal panel, concrete, and brick can be warm or cool as desired for contrast. (d) Examples. Illustrative examples of northwest contemporary style in both picture and text format are included below. The standards for building architecture have been presented as lists of qppropriate and ina ro riate elements. This technique has been adopted to offer designers some flexibility and creativity in building design, while providing a clear expectation for architectural style: dill l sts I . 1[R } PAN 'h, I■1 an IN AA J lj o 00 look JO y lot Ordinance No. 23- Page 48 of 147 1 5aurce: Morley von Stemhe Source: Cnndall Arainbula r r■ rr �y Source: City of Spokane Snurei: i.-i3 ncluna.cnm r ' Source: Ryan Pronerties Source: Crandall Arambula n Flat roof buildings with cornice or other roofline I Mono -pitched shed roof Penthouses or upper floor step back (step back I Sloped roof forms may incorporate terraces Ordinance No. 23- Page 49 of 147 Balconies Metal panel as primary claddin material Tripartite composition (clear base, middle and Blank or flat facades top) required for buildings greater than five stories optional for shorter buildin s Building lenpths less than 250 feet Vibrant buildinp, colors For buildings longer than 100 feet, use vertical Multiple changes in facade height creating a chaotic rhythm articulation of facade (e.g., material and/or plane change) approximately -every -twenty-five (25) feet or aligning with structural ba s Siding,: Brick masonry, concrete, natural stone Deep overhanging roofs and wood (real or synthetic) representing a minimum of 30% of each fagade. Metal panels LTLay be used as secondary accent material on Masonry element at the ground level Color blocking as architectural detailin Green roofs and occupiable decks for aesthetics, environmental benefits and as amenities. Ground floor transparency (percentage of glass as building material) a minimum of 30% where adjacent to a Pedestrian way (e) Structured parking. Parking structures shall be designed so that vehicles parked within the parking structure are not visible from the street. (!51 For all residential zones. (a) Nonresidential uses. Subsections (1)(a) through (f), (p) and (q) of this section shall apply. (b) Non -single-family residential uses except for zero lot line townhouse residential uses and attached dwelling units. Subsections (1)(g) through (r) of this section shall apply. (c) Zero lot line townhouse residential uses and attached dwelling units. Subsections (1)0), (1) through (o), and (r) of this section shall apply. Section 12. FWRC 19.120.030 is hereby amended to read as follows: 19.120.030 Exemptions. Nothing in this section shall be interpreted to allow clearing, grading, and/or the removal of trees or other vegetation within sensitive areas or sensitive area buffers where prohibited under FWRC Title 19, Division IV, Critical Areas, or in designated native growth protection areas. Clearing and Ordinance No. 23- Page 50 of 147 grading activities are also subject to review under Appendix Chapter J of the International Building Code. The following actions shall be exempt from the provisions of this article: (1) Digging and filling for cemetery graves. (2) Clearing and grading in a right-of-way authorized in writing by the director of the department of public works for pothole and square cut patching; overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage; shoulder grading; reshaping/regrading drainage systems; crack sealing; resurfacing with in -kind material without expanding the road prism; and vegetation maintenance. (3) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay where a permit has been issued by the State Department of Natural Resources. (4) Exploratory excavations under the direction of a professional engineer licensed in the state; provided, that the extent of the clearing and grading does not exceed the minimum necessary to obtain the desired information. (5) Normal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right-of-way. (6) Excavations for utility service connections to serve existing and/or new structures and that is outside any area that is within the jurisdiction of Chapter 19.145 FWRC. (7) Actions which must be undertaken immediately, or within a time too short to allow for compliance with the requirements of this article, to avoid an imminent threat to public health or safety; to prevent an imminent danger to public or private property; or to prevent an imminent threat of serious environmental degradation. This determination will be made by the director. Ordinance No. 23- Page 51 of 147 (8) Clearing and grading actions that are an integral part of an ongoing agricultural or horticultural use on the subject property. (9) Tree and vegetation removal actions conducted on a residential lot that contains a detached dwelling unit together with any contiguous lots under the same ownership that are being maintained for the use and enjoyment of the homeowner that comply with the following criteria: (a) Any trees or vegetation removed must be outside any area that is within the jurisdiction of Chapter 19.145 FWRC. (b) No trees or vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code. (c) Tree and vegetation removal will not change the points where the stormwater or groundwater enters or exits the subject property and will not change the quality, or velocity of stormwater or groundwater. (d) Trees with a diameter at breast height (dbh) of up to six inches and vegetation may be removed without city review and approval if criteria (9)(a) through (c) of this section are met. (e) Trees with a dbh of six inches or greater may be removed subject to the minimum tree units per acre standard established by Table 19.120.130-1 and subject to criteria (9)(a) through (c) of this section. (f) Removal of trees with a dbh of six inches or greater that will result in the subject property falling below the minimum tree units per acre standard per Table 19.120.130-1 shall require planting of replacement trees as necessary to meet the minimum tree units per acre standard, or the existing tree units per acre represented by the trees proposed for removal, whichever is less. Ordinance No. 23- Page 52 of 147 (g) Hazard trees and nuisance vegetation may be removed without city review and approval if criteria (9)(a) through (c) of this section are met. (10) Clearing and grading actions that comply with all of the following criteria: (a) The subject property contains a permanent building or an active use. (b) The clearing or grading activity will not change the points where the stormwater or groundwater enters or exits the subject property, and will not change the quality or velocity of stormwater or groundwater. (c) The clearing or grading activity is outside any area that is within the jurisdiction of Chapter 19.145 FWRC. (d) Grading, filling, and excavation totals less than 100 cubic yards. Quantities of excavation and fill are calculated separately and then added together to determine total excavation and (e) No trees or vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code. (11) Routine maintenance of trees and vegetation necessary to maintain the health of cultivated plants. Topping of trees as defined in Chapter 19.05 FWRC is considered tree removal, not maintenance. (12) Removal of overhanging vegetation and fire hazards, or removal of invasive species, hazard trees, nuisance vegetation, or dead, dangerous, or diseased trees when authorized by the director or his/her designee. (13) Removal of trees in easements and rights -of -way for the purposes of constructing public streets and utilities. Protection of trees shall be a major factor in the location, design, construction, and Ordinance No. 23- Page 53 of 147 maintenance of streets and utilities. These activities are subject to the purpose and intent of this article. Section 13. FWRC 19.125.060 is hereby amended to read as follows: 19.125.060 Landscaping requirements by zoning district. (1) Suburban Estates, SE. (a) Type III landscaping 10 feet in width shall be provided along all property lines of nonresidential uses in the SE zoning district, except as provided in FWRC 19.125.070. (2) Single -Family Residential, RS. (a) Type III landscaping 10 feet in width shall be provided along all property lines of nonresidential uses in the RS zoning districts, except as provided in FWRC 19.125.070. (3) Multifamily Residential, RM. (a) Type III landscaping 20 feet in width shall be provided along all public rights -of -way and ingress/egress easements, except for zero lot line townhouse and small lot detached development, which shall be required to provide Type III landscaping 10 feet in width along all arterial rights -of -way. Said landscaping shall be in a separate tract and shall be credited to the common open space requirement. (b) Type II landscaping 20 feet in width shall be provided along the common boundary abutting single-family zoning districts, except for zero lot line townhouse and small lot detached development. (c) Type III landscaping 10 feet in width shall be provided along all perimeter lot lines, except as noted in subsections (3)(a) and (b) of this section and except for zero lot line townhouse and small lot detached development. Ordinance No. 23- Page 54 of 147 (4) Professional Office, PO. (a) Type III landscaping eight feet in width shall be provided along all property lines abutting public rights -of -way and access easements. (b) Type I landscaping 10 feet in width shall be provided along all perimeter property lines abutting a residential zoning district except for schools which shall provide 10 feet of Type II. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except as noted in subsections (4)(a) and (b) of this section. (5) Neighborhood Business, BN. (a) Type III landscaping five feet in width shall be provided along all properties abutting public rights -of -way and ingress/egress easements. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (c) Type' III landscaping five feet in width along all perimeter lot lines except as noted in subsections (5)(a) and (b) of this section. (6) Community Business, BC. (a) Type III landscaping five feet in width shall be provided along all properties abutting public rights -of -way and ingress/egress easements. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in subsections (6)(a) and (b) of this section. (7) City Center -Frame, CC-F. Ordinance No. 23- Page 55 of 147 (a) Type III landscaping five feet in width shall be provided along the perimeter of parking areas abutting public rights -of -way. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in subsections (7)(a) and (b) of this section, except that landscaping is not required along perimeter lot lines abutting rights -of -way, where no required yards apply pursuant to Chapter 19.225 FWRC. (89) Office Park, OP. (a) Type III landscaping 10 feet in width shall be provided along all property lines abutting public rights -of -way and access easements. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except as noted in subsections (8)(a) and (b) of this section. (94-9) Commercial Enterprise, CE. (a) Type III landscaping five feet in width shall be provided along all property lines abutting public rights -of -way and access easements, except industrial uses shall provide Type II landscaping 10 feet in width along such property lines. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of the property abutting a residential zoning district, except industrial uses shall provide Type I landscaping 25 feet in width along such property lines. Ordinance No. 23- Page 56 of 147 (c) Type III landscaping five feet in width shall be provided along the perimeter of the property abutting a nonresidential zoning district, except industrial uses shall provide Type II landscaping 10 feet in width along such property lines. Section 14. FWRC 19.190.010 is hereby amended to read as follows: 19.190.010 Categories enumerated. The city is divided into the following zoning classification categories with the abbreviations shown: Zoning Category Symbol (1) Suburban estate zones SE (2) Single-family residential zones RS (followed by a designation indicating minimum lot size per dwelling unit) (3) Multifamily residential zones RM (followed by a designation indicating minimum lot size per dwelling unit) (4) Professional office zones PO (5) Neighborhood business zones BN (6) Community business zones BC (7) City center core and. city center CC-C and CC-F frame zones (8) Office park zones (9) Commercial enterprise zones (10) Planned areas (11) Corporate park zones OP (OP-1 — OP-4) CE PA (followed by a designation indicating which planned area) CP-1 The city contains the following overlay categories with the abbreviations shown: Ordinance No. 23- Page 57 of 147 Overlay Category Symbol (1) Mount Rainier view protection VP Q Downtown architectural DT Section 15. FWRC 19.225.010 is hereby amended to read as follows: 19.225.010 Office use. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART 'DIRECTIONS: FIRST; read down to find use ... THEN, across for REGULATIONS USE REGULATIONS 'Required Review Process Minimums Height of Required Parking Spaces ZONE SPECIAL REGULATIONS AND NOTES Lot 'Size Required Yards (Front Side (each) IRear5tructure Office use, medical and dental office Process II aIE - See Rote 1 None 0 ft. 0 ft. 0 ft. 1 for 11� each q- ft. of gross See floor notes area 2-9 and 10 See notes 4-47 g and 11 1. The �i+ m Rg P__ ray Fnedify Fe la.,dseape See notes 1 design aAd diMenSOGRal Feguire eR;s r^r�- — deyelepment that meets the fellewing criteria: The deyel...- 4.A.,ill a. p sed me. it be the adr..a+orl plan GempFeheRsiye zene, and b. The proposed development will L,a nlieable darinn CORSOc+opt With guideliRes; and r The r+ree+r' othar wt4li+ies and nfrn.-+rr+m in+ho dd eA-. fromthe henh+ peicmi++nd eutTight ef+.,9TCft OR xrhm,ef,. �vr ,idi.... lglicly -, p visible stFeetseap �meni+ior hr definod in _,-.f_ CIAIDr 9 Q nr -i ng -i--.. the rZ, Fight Rg and design of y,hich shall be approved by the djreaGr Ordinance No. 23- Page 58 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS USE REGULATIONS b (Required (Review (Process Minimums Height Required_ of Parking Structure Spaces ZpNE SPECIAL REGULATIONS AND NOTES Q„ildinr, height may he inrreered Lot Size Required Yards (Front Side (each) Rear fFem 115 A to 14 C f4 i ..change for n Vidinr. P649I6E r site r pe ordance with r.f CiA'Rr- 90 99C 1901 �o paymeat alternative fee in lies. Of r FGVidiAg the Bite Open rnarn Use the OR Of Itern Ati.,e fee in 10e1I r'halI he the at dire.- Aier, disrre+ien based .. faaors rnnducjVexnogr of the Such as deyelepment plan to site eF publie d , epen space, OpeR snare projects inthe edi ,te Vi.ini+., of the site The 1p�eredw e and ferlm.-Aa fer calculating site open space an on alternative fee in lip-, shall he a ppF vved_L y the. r_ity Eeupr__i.L adopted by the director of n i+.r development r rnr COM shall he en file in the rity clerk's nd Shall f.,Il.,i_.,ed and effire -e have the fell fr.rre Bad effect as if sef forth in f„ 11 in this chapter_Pi�Lic an site open snare ender this eetien shall he in additir.n tr. aR other outdoor snare fand_seape or sired by this Cade -31. No more than a five10-foot building setback is allowed adjacent to ,arinrinal nedertrian right(s)-of- way as deteFmi.,ed by the diFeeter unless: it is precluded by existing site improvements, easements, topography, or other site constraints, as determined by the diFeGte;r= or to allow streetscape amenities, public on -site open space, or other architectural element(s) or improvements approved under Ordinance No. 23- Page 59 of 147 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Required Yards Z�ry (Required Height Required C�-C (Review Lot of Parking (Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Chapter 19.115 FWRC. The minimum building setback along all other property lines is the same as the perimeter buffer as required by Chapter 19.125 FWRC. (Continued on next page) Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 1 19.225.010 Office use. (Continued) USE REGULATIONS b USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Required (Review (Process Minimums Height of Structure (Required (Parking Spaces ZONE :SPECIAL REGULATIONS AND NOTES Lot Size Required Yards (Front Side (each) Rear veterinary office Rly the su lh ert n ertyj , h AAA r.t iRdUde tside Q FUnr OF facilities faF the other outside aRi a!r• _ r__ : Yho site must l9e-designed. re a+ -th noire fFern this nce .Anil he audible ROt Ordinance No. 23- Page 60 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Required Yards Required (Height (Required USE REGULATIONS Review Process Lot Size (Front Side (each) (Rea of 'Structure'Spaces Parking SPECIAL REGULATIONS AND NOTES b the r hared off subject peFty OR a er+if;rate to this effect r eri h, ongiReor sr,d filed the acoustical with de„elr.pmeF,t r eo mit pliEatiQRS 5�2. Assembly or manufacture of goods on the subject property is permitted only if: a. The assembly or manufacture is clearly accessory to an allowed use conducted on the subject property and is directly related to and dependent on the allowed use; and b. The assembled or manufactured goods are available for purchase and removal from the subject property and are for sale only to retail purchasers - aft r TY,ere ire ne a h,.r d peaFa Rrn Or a.tr fr..m the aSSeFnbl or MaR ufacc+re. f: Aln m;;virAmm let coverage it established Instead the buildable ama .,ill i... d.,+._, ,., i., e4 h„ ether s4e development requirements, landsr,ap;r,.. s urfire ..�tr.r f�rili+:er etc-. 7-3. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 94. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 95. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 4-06. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. e,�ceed a total nd floar area of grow 16,900 nrr.er rn ft., URless ed Ordinance No. 23- Page 61 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS USE REGULATIONS b (Required (Review (Process Minimums Height of Structure (Required (Parking 'Spaces T]NiR SPECIAL REGULATIONS AND NOTES (Lot Sine Required Yards Front 'Side (each) (Rear r,der the PFGViSiGRS of RAIRC IQ. 110.090, er approved by t e nr antry structures labbies seati..n divine hay windows areas, and smbinr shall net ft. 1,000 sq additiOR(5) exceed r building in aRy a 17_ ewtiye menrh p ed 12 Ne it of new than 16,000 more sq r rr single nstr„ctieR a exeiwdi,M� ubjera per+., u Fader the appFeved previsions -of PWK 19110 080 seiner and additions 13. Multiple h, �ildiRgs FlOt steFy aFe ,ubjeet+e 41 ed 12'• Retes and p y rr rh;r e .-h fleer Mains at le st 75 of the . f+ of ti a fleePeFs perEent 9 Mitred dR rhk 447. Required parking may be reduced under the provisions of FWRC 19.130.020(3)(a), (b), (c) and (d). 8. See FWRC 19.115.090 for structured parking, guidelines. 9._ Developments must have a minimum FAR of 1.5 and must not exceed a maximum FAR of 10.0. Building height must bg consistent with the minimum FAR of 1.5 and the maximum FAR of 10.0. 10. For additional heictht limitations that may apple, see FWRC 19.245.010. 11. A minimum of 75% of required parking must be structured parking. 12. Where any portion of the subject property is located adjacent to the intersection of multiple streets, the around floor space for a distance of 50 Ordinance No. 23- Page 62 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards �FZONE Required lHeight IRequire Review Lot of Parking Process Size Front' ront. �5ide Rear Structure Spaces USE REGULATION IG b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. CC-C PECIAL REGULATIONS AND NOTES feet from the nearest point of the subject property to any such street intersection, shall be limited to entertainment or retail uses. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 16. FWRC 19.225.015 is hereby amended to read as follows: 19.225.015 Breweries, distilleries, and wineries. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Height (Required ZDNE CC_C Required Yards ,USE REGULATIONS Review Process Lot Size (Front Side (each) iRear of Structure (Parking 'Spaces :SPECIAL REGULATIONS AND b (NOTES Process None 0 ft. 0 ft. 0 ;94E 3 parking 4. The city may, s=Rg_.,Fe�sr� II ft. Gr spaces for cif„ equmred height, G yard, Ordinance No. 23- Page 63 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required YardsN Required Height Required USE REGULATIONS Review Process Lot Size iFront Side (each) Rea of Structure Parking Spaces :SPECIAL REGULATIONS AND Possible 95-#-. a tasting NOTES '@^dsr=ape bw#er ether See notes 1 and and precess 3 room, plus site design and cii., emsie;;al See 1 parking 0 rem en+r for r,rposed Feq u a notes space for develo .w,eRt that A,eet4 +he See -1-4 and employee fellewing eri+eri „ 2-5 parking,, The r red deyelgffner,+ a. plus 2 1.4411 he , iSter.+ ,.,i+h +he parking adopted comprehensive elan spaces for ^'iE1e5 f^r *hr.9 ^d each 3,000 h. The r .Ieyelr.pme t sed sq. ft. of .,ill be consistent w4h appIme� production deli^ g ^rieliRes, and area r. The street, utilities 4 r.+her wt ire ir, +he See Notes aFe adequate to support the 2,3,and 6 prepesed developmeRt. 7-Building heightmaybe isr.mased from the Breweries, permitted r.,,+ri hail. ht of 70 f+ to 95 f+ gh+ distilleries, and publidy visible streetsca- e wineries amwaRities, as defined if the ri+iRg and dari..n 9f_. aya o 51. No more than a #v-eten-foot building setback is allowed adjacent to nri cir l pedestrian right(s)-of-way, as determined -by +he dire+ r i-rrc-crr�-cccvr, unless: it is precluded by existing site improvements, easements, topography, or other site constraints, d h"+he diFeeter; to allow streetscape amenities, public on -site open space, or other architectural element(s) or improvements approved under Chapter 19.115 FWRC. The Ordinance No. 23- Page 64 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) :SPECIAL REGULATIONS AND 4 ]NOTES Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. minimum building setback along all other property lines is the same as the perimeter buffer as required by Chapter 19.125 FWRC. 42. Required parking may be reduced under the provisions of FWRC 19.130.020(3)(a), (b), (c), and (d). 3. See FWRC 19.115.090 for structured parking guidelines. 4. DeveIopments must have a minimum FAR of 1.5 and must not exceed a maximum FAR of 10.0. Building hei ht must be consistent with the minimum FAR of 1.5 and the maximum FAR of 10.0. 5. For additional height limitations that may apply, see FWRC 19.245.010. 6. A minimum of 40% of required parking must be structured parking for deve#opments adding more than 5,000 square feet of cross floor area. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23- Page 65 of 147 Section 17. FWRC 19.225.020 is hereby amended to read as follows: 1 19.225.020 Retail use. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART - DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZplyE FrontSide (each) Rear' 'USE REGULATIONS Required Review Process Lot Size (Height of Structure'Spaces Required Parking C�-C SPECIAL REGULATIONS AND NOTES Retail Process None 0 ft. 0 ft. 0 7 #-. 1 for 1. The eit may, using ILL y pfeeess establishment II ft, of each modif required y of d, hai^h*, selling groceries, produce and related items; Possible PreEess W 9-5-#t: See 300 sq. ft. of gross h, lan dsrsape and 53e — and offer and a+her ri+e design and a ^*� Ior a err.^raced drugs and personal - notes 4- floor develop ept that ,,,,sets *he care products; see a4d-12 area following eriter6a.. books; liquor; nGte # and 13 a. The r esed deye!nnmen4 he with the hardware, garden, See ee^sis*e^* adopted home electronics, notes Pllmnrehe^Ciye plan h� peli o� sporting goods; 4-7-10, ZGRe7and and related items; 11, and 1). The PFGposed development s.,ill or works of art 14 be consistent with applicable design (excluding bulk gWideliResi and retail) . The ^d street utilities Other r,fr„-try e- ire an the area Retail variety, +he to support proposed adequate specialty, or develepme T. department stores 2. Building height be FAay 49m the heigh+ permitted outright r.f 70 f+ to a N f+ i exphiwge fe r+meets Gape PFOVidiR publicly visible as defined i ameRities, FWRG 740 1Q!].. alnng the Fight ef- �rrvr rinn of Whirh shall be a ,e.d by the dirart.,r -31. Retail establishments providing vehicle or boat sales, service or repair, vehicle service stations, and retail establishments providing public mini -warehouse or storage Ordinance No. 23- Page 66 of 147 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums (Lot Size Required Yards USE REGULATIONS Required Review Process Height of (Required-C (Parking ZONE SPECIAL REGULATIONS AND NOTES (Front Side (each} Rear'Structure:Spaces b facilities are not permitted in this zone. 42. Drive -through facilities are not permitted. may hen mi+ted fe-F Wnks and related fiRandAl nrre« +r, PiRd f drive_thr-eu .h 9FP farili+ie he approved by tho must . Wblir . *s de aFtm of Drive _ thr. fa.ili+:e5 desigF;ed uoh Must -he ., traff r= the street whole waiting in line and R .,ot ly in+eFfere with pale §3. No more than a fiveten-foot building setback is allowed adjacent to priRcipal pedestrian right(s)-of- as deterreined by the dwer+nr, way, unless: it is precluded by existing site improvements, easements, topography, or other site de+ermiped h,'+he constraints, , I director; or to allow streetscape amenities, public on -site open space, or other architectural element(s) or improvements approved under Chapter 19.115 FWRC. The minimum building setback along all other property lines is the same as the perimeter buffer as required by Chapter 19.125 FWRC. 64. Assembly or manufacture of goods on the subject property is permitted only if: a. The assembly or manufacture is clearly accessory to an allowed use conducted on the subject property and is directly related to and dependent on this allowed use; and b. The assembled or manufactured goods are available Ordinance No. 23- Page 67 of 147 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums equire evi ew rocess USE REGULATION IG b F Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. zot� l� eight Required f Parking :ructure Spaces 19.225.020 Retail use. (Continued) SPECIAL REGULATIONS AND NOTES for purchase and removal from the subject property and are for sale only to retail purchasers Tha i5o outward appearame er imparts free the assembly a rrrC,-n -f ave tare. (Continued on next page) For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards1VE (Required IHeight Required USE REGULATIONS (Review (Process Lot Size (Front Side (each) (Rea of Structure Parking Spaces 'SPECIAL REGULATIONS AND NOTES b Retail 7 41-m rn ,.,rni-F:R 19t establishment providing banking will he de-t smiRed 4,y etheF "+o and related development requiFements, financial services required b6ffer` park iRg 164 .faro water facilities landseaping s etc - Ordinance No. 23- Page 68 of 147 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZONE Required Yards (Front Side (each) IRea USE REGULATIONS Required Review (Process Lot Size Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES b Retail 95. For community design guidelines establishment that apply to the project, see providing laundry, Chapter 19.115 FWRC. dry cleaning, 96. For landscaping requirements that beauty and barber, apply to the project, see video rental or Chapter 19.125 FWRC. shoe repair services 107. For sign requirements that apply to the project, see Printing and Chapter 19.140 FWRC. duplicating 448. Refer to Chapter 19.265 FWRC to services determine what other provisions of this title may apply to the subject property. Other retail not 429. Other retail uses not specifically specifically listed listed in this zone may be approved by the director of community See note 12 development sepgicer if the proposed use is determined to be consistent with adopted comprehensive plan policies for this zone. 12._Cnrn nr[Y.�nd marrh�ndirn r�lnr_�rn t itted p m a5 lar Rcipal. user in this Pebf 7, 2nn6 zeRe as of aFy Any such shall not preexisting use resume activity if said for use ceased the CE)RseEldtiV 47_m ei;tl- p at Such tinne as the for use ceases any ORE wt'. a 12 Fn qth p .,d exceed total floor area a ground of ' unless appiceyed RGIer the previsieRS 0 FWRC 19. 110.090, e by the app Foyed director for A; ;jdditi nnr 4 wh entFy ct l0bb.ie reatiRg nr FUC# Wrer Aral similar diniRg i9ay s. aFeas, Rdews feet car. ided *hat r m A f+ additions) Shall r.nt a eed 1,000 sq Ordinance No. 23- Page 69 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Z�N1E Required Height Required Review Lot of (Parking Process .Size (Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES 4 b rimer building ;r._a F;y .-. zonsc-c-wtiyeye 42 MORth 198FiOd. Giggle_story const Fwc4ien may ec-e� �r n�r� uh"er} P eFty d diR inrresror FWRC 7❑ 11T3 f'4Afl .ens{ approved by the d0 rector uPrier no4Q that each floor r n+gins -+ le -at 75 , p errem of the gross rn f+ rf.+he-Ce- -r below it and eentaira a ffiRdpal USe(S) permitted in this zene 1-70. Required parking may be reduced under the provisions of FWRC 19.130.020(3)(a), (b), (c) and (d). 11. See FWRC 19.115.090 for structured parking guidelines, 12. Developments must have a minimum FAR of 1.5 and must not exceed a maximum FAR of 10.0. Building hei ht must be consistent with the minimum FAR of 1.5 and the maximum FAR of 10.0. 13. For additional height limitations that may apply, see FWRC 19.245.010. 14�A minimum of 40% of required parking must be structured parking for developments adding more than 5,000 scivare feet of gross floor area. Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Ordinance No. 23- Page 70 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards 7�OiVE Required Height Required �_� Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each} SPECIAL REGULATIONS AND NOTES b For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 18. A new section FWRC 19.225.030 is hereby added to Chapter 19.95 FWRC to read as follows: 1 19.225.030 Retail shopping center, regional. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums BONE Required Yards Required (Height Required-C USE REGULATIONS Review Process Lot Size (Front Side (each) Rea r'Structure'Spaces of Parking SPECIAL REGULATIONS AND NOTES b Any permitted use Process None 0 ft. 0 ft. 0 79#E 1 for '. The City ^^ l.• _ as listed in this II ft, er each medify re^,,; ' I igh* zone. Uses not Pess+ble PreEP.ss 14 ft - See 300 sq. ft. of gross See notes95 and q 3 — design and dirnensional specifically listed in - notes floor development that sneets *"e this zone may be See 11 and area . approved by the 1 12 director of See be c-onciSte F# ,.-6th hp— ad-ept-ed community notes 9 compFe"epsive foF this plan "•Nees development 10, and 13 vices if the Ordinance No. 23- Page 71 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Zp� (Front Side (each] Rear'Structure USE REGULATIONS Required Review Process Lot ;Size (Height of Required Parking Spaces SPECIAL REGULATIONS AND NOTES 4 b h The deyelepmeFit ill proposed use is proposed determined to be he ` it-leRt deSigR with applicable consistent with ,ide"Rer; and- adopted The streets r and- r.ther E. comprehensive Rfrastrurture in the -area plan policies for adequate to supped tl; ed this zone. dev 9 Buildinr, height rr. he y frgm the tFighf height perritted e „f 70 ft to nC ft ir. exchange fe visible streetsEape IpFevidipq publidy amenities, s d-efined in FWRC 1 ❑ l69 On along the right-ef_ the design s4i„9 and OfWhi.h shall be appFaved by the dire-c-AA-F, 31. Retail establishments providing vehicle or boat sales, service or repair, vehicle service stations, and retail establishments providing public mini -warehouse or storage facilities are not permitted in this zone. 42. Drive -through facilities are not permitted. male he nennn4 related fiRan i;41 ro rirgr baRkS and n..err to and 49M rlriVe_through facilities must be approved by thr. thr96.-.h faeili� in Ige desigr.a.l so that Veh;&10r_ Will A4# hkX-k n .,ill gat iAteriere",.,ith unreaSG ably gg_rite traff'r flow. -53. No more than a 4veten-foot building setback is allowed adjacent to ffiRGipal pedestrian right(s)-of- way, by the diFeeteF, unless: it is precluded by existing site improvements, easements, topography, or other site constraints, as determined Ordinance No. 23- Page 72 of 147 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZpN� Front Side (each] Rear USE REGULATIONS (Required (Review (Process Lot Size Height of Structure'Spaces (Required (Parking SPECIAL REGULATIONS AND NOTES b d;recteror to allow streetscape amenities, public on -site open space, or other architectural element(s) or improvements approved under Chapter 19.115 FWRC. The minimum building setback along all other property lines is the same as the perimeter buffer as required by Chapter 19.125 FWRC. 64. Assembly or manufacture of goods on the subject property is permitted only if: a. The assembly or manufacture is clearly accessory to an allowed use conducted on the subject property and is directly related to and dependent on this allowed use; and b. The assembled or manufactured goods are available for purchase and removal from the subject property and are for sale only to retail purchasers-,-apd TheFe appearance is9 outward ef aeU frr.r., the assemialy iTre. 7 NIED M-AWORUM let GOVef established IRstead the buildable .:iil he det tc. area KF.inad_by-et4ef--& de elo nt r Rtc i.e., required b uffefs _parking Ie4 land facilities, sEaping surface water etc_ 95. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. (Continued on next page) Process I, II, III and IV are described in LP T_ Ordinance No. 23- Page 73 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZONE Required He Required Review Lot of Parking Process Size Front Side Rea Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Chapter 19.55 FWRC, For other information about parking Chapter 19.60 FWRC, and parking areas, see Chapter 19.65 FWRC, Chapter 19.130 FWRC. Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. I 19.225.030 Retail shopping center, regional. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use . _ . THEN, across for REGULATIONS Minimums Required YardsNg (Front Side (each) Rear USE REGULATIONS (Required (Review (Process Lot Size Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES b -96. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 1-97. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 448. Refer to FWRC 19.265.010, et seq., to determine what other provisions of this title may apply to the subject property. 12. Secondhand -C'rl`rtLTT1CT�sC .1FfCs aTG .-.t mi#ed a er ❑rr scare ai p .. ahirRGRe ..f r.,hr laFy 7, 2006. uses Ar. rh preexisting use Shall r..-.t rti..ity if said ceased fr. use +he ., 4iye 12_Mr, r.th c p od immediately Ge19F14 nl-�rZ preceding_ Ordinance No. 23- Page 74 of 147 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Zp� Required Yards (Required Height Required 'USE REGULATIONS (Review (Process Lot Size Front Side (each) IRear'Structure'Spaces of Parking 'SPECIAL REGULATIONS AND NOTES b 2906 Any such use isti r Gn FelwuaFy ti 2nne shall he ,sire..,#4 ors time the i for at such as cease5 an ene rutiye 1 7_meRth p erf 4-9. Required parking may be reduced under the provisions of FWRC 19.130.020(3)(a), (b), (c) and (d). 10. See FWRC 19.115.090 for structured parking guidelines. 11. Developments must have a minimum FAR of 1.5 and must not exceed a maximum FAR of 10.0. Buildina height must be consistent_ with the minimum FAR of 1.5 and the maximum FAR of 10.0. 12. For additional height limitations that may apply, see FWRC 19.245.010. 13. A minimum of 40% of required Parking must be structured parking. Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 19. FWRC 19.225.040 is hereby amended to read as follows: 1 19.225.040 Entertainment. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: Ordinance No. 23- Page 75 of 147 USE REGULATIONS 4 b USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Required Review Process Minimums (Height of (Required (Parking ZONE CC-C :SPECIAL REGULATIONS AND (NOTES (Lot :Size Required Yards Front (eacac h) i(each) ;Rear'Structure:Spaces Retail establishment providing entertainment, recreational or cultural services or activities Private club or lodge Health_ club Restaurant or tavern Fast food restaurant Process II Possible l2reEe�s 44 - see Rete 1 None 0 ft. 0 ft. 0 ft. eft: or 95 #L See notes 11 and 12 1 for each 100 sq. ft. of gross floor area Health club: 1 for each 100 sq. ft. of gross floor area: 1 for each 500 sq. ft. of sport court and pool Fast food restaurant: 1 for each 80 sq. ft. of gross floor area See notes 9, 10, and '. The „�i^^ . "' city mal ^dif red ,and, height I,ndKape la offer a^d other See notes 1 and site deriga^d dime r. r,rie Ral I �^~^^^+s for a "r^^^° ed de„e+e...,,.eRt that n.eets the fellg,.,i..g .-Firer a. The ^d develepmen; p m0mll he cgncir+egt w4h the polircies fgr+his yne) and h- The proposed deyelnnment he istept r.ii.�hle will with a d^sir.., ^ 'ideliAesF z^d c- The rtree+r utilities, and A the -the aFea adequate to suppeFt the proposed development. 2. g.,ildi. , height may he mArreared kem the p mi+ted outrightheight 70 ft to 95 ii- of in exchaRge for n „idi.,r..,,,hri� on ^ ep site epe^ spae@ __ GF61 with RAIRC i s i ISAN, of an fee i^ alternative PaYFAer.t lie. � r.f r.f9yiding the a site ^ pen 13space. Use the foe of alter.latiye ., lieu shall he at the direeter'r dir.retie based farter< s w.I en the r.duldyeness as of site or t... r deyelr.r.meRt plan pub' peR space and emisting or planned epen spare p ets in the im r.. ed ie tii r=i-n-i+v of tho r4Lc-_T_he -at pmeedi ire and fewn yl a fl.r end altern.-koe See i.. lies � shall he red by the city ril appFe a ' adented by the diret„r of r• unity deyeieprAent r ;hall he g., file in the .-ity .-� Ordinance No. 23- Page 76 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required (Height Required ZONE Required Yards USE REGULATIONS Review Process (Lot 'Size Front side Rear of 'Structure Parking Spaces p ;SPECIAL REGULATIONS AND iNOTES have the full feFGe Rd effect as if set fer-th in full in this chapter. P blie _rite n der a open spare this seetieA shall be In t addition any ,-.+her outdoor space or -31. No more than a fiveten-foot building setback is allowed adjacent to priRCipal pedestrian right(s)-of-way, as determined by +htof, unless: it is precluded by existing site improvements, easements, topography, or other site constraints, as determined by the directed or to allow streetscape amenities, public on -site open space, or other architectural element(s) or improvements approved under Chapter 19.115 FWRC. The minimum building setback along all other property lines is the same as the perimeter buffer as required by Chapter 19.125 FWRC. 42. Drive -through facilities are not permitted for this use in this zone. es;ablishesl ',stead+he bum'dable area will be determined by other deyelepmei;% site requirements landseapinn su Ffarsn.se�nt�r farirlr''rti'-es,-etc b3. For community design guidelines that apply to the Ordinance No. 23- Page 77 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZONE Required Height Required Review Lot de of Parking USE REGULATIONS (each) Process :Size Front(each) IRearStructureSpaces SPECIAL REGULATIONS AND I b NOTES Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. I 19.225.040 Entertainment. (Continued) project, see Chapter 19.115 FWRC. -74. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 85. For sign requirements that apply to the project, see Chapter 19.140 FWRC. -96. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. (Continued on next page) For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23- Page 78 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS USE REGULATIONS b Required Review Process Minimums (Height of (Required (Parking Spaces z,�yN� CC-C SPECIAL REGULATIONS AND NOTES (Lot Size Required Yards Front Side (each) Rear'Structure 407. Gambling uses are not permitted as principal or accessory uses in this zone as of February 7 2006ARy surch IpFeevir+•Rg USE-- Shallnet FP-S.�mn if raid fe..+he aetivi+y use a5ed Consecutive _!L -nA n#Haer4ed edict+el,: preceding Fei',RiaF 7, +im the eeases fer e at such as use 4ye 1 7_men+h neried_ 148. Spas and water parks are off: permitted when accessory to Pet .-.�ih+e.a se in this peF pF zePe--IHhotels, health clubs and similar uses. , include acres- e spas.,.+ xe.,edinr, nnn re f+ in riZe 12rinele_r+en, Wildi;;gS m nt exceed a tep%aI a ees nd flarea of f+' unless approved ; 6,009 gFess sq. nder the p rf CiAIAr 1❑ 110tt Q a apff9oed b y t e direrter fer t..ch.2t minor addi+is,ps retry s4wet fer lehhier eating r< di w,ii�r hay wired ews red Ri Rg aveas, s featWer• PPOVIded that SUE net a veal 1,000 rr ft addition(s) shall r building inany eno_rnnrer,�+i,■o_1_7 m e n+rrrvnmpe Fi e d.. than 1 G 1" QQ rr, ft of ne,., 13. No more e1e_s tefy ceA-0 ru -}ir,n M- sa Greu can y a dudin oc uh'eE4 ert approved undep thn_IaFeyisie { FWR4=- 1 ❑ 110 11 ON and rrsinnr sddi+inns L,,, the direruteF w rider ne+e appreved 14. bUri dings are net ul+iple_r+np, . bjecr to ne+es !2 and 13'r.- ed yi.l +hot e rh flyer c n+mint +loot+ 7C Ordinance No. 23- Page 79 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards tow Required Height Required Review Lot of Parking Process .Size Frant Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES 4 -> Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. h.,l�" 'f-ar^w•-l---t'-�rcQn„,�_�_,�•�„r�.,�� plc] permitted in this -1-9. Required parking may be reduced under the provisions of FWRC 19.130.020(3)(a), (b), (c) and (d). 10. See FWRC 19.115.090 for structured parking guidelines. 11. Developments must have a minimum FAR of 1.5 and must not exceed a maximum FAR of 10.0. Building height must be consistent with the minimum FAR of 1.5 and the maximum FAR of 10.0. 12 For additional height limitations that may apgl�, see FWRC 19.245.010. 13. A minimum of 75% of required parking must be structured Parking for developments adding more than 5,000 square feet of gross floor area. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 20. FWRC 19.225.050 is hereby amended to read as follows: I 19.225.050 Hotel, convention or trade centers. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: Ordinance No. 23- Page 80 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums SON Required Yards Required (Height 'Required Review tot of (Parking USE REGULATIONS Process Size Front: Side (each) Rea r'Structure Spaces SPECIAL REGULATIONS AND 4 b NOTES Hotel, convention Process None 0 ft. 0 ft. 0 oar Hotel: 1-The cess Emt„ may, using pre or trade centers II ft. 115 # . 1 for each medify required yard, height, Possible er�-45 guest room g See notes �2 lapdseape and bi.ffer�„+le �eces� and 3 � site desiee and dmmeRSmO al Convention e„+s f..r a IpFepese See or trade devei.,pmeRt that meets the See notes centers: fE)lie,_^^^-r;ter,�, Ret:e 1 10 and Determined The deyelopme^t a. pFepesed 411 f on a case- 00411 ho rAA4Mr#PF# w0th the by -case adopted comprehensive Plan basis peliEmes fee this zone-; ., See notes - be . ,Stara Will With a pliC and 1 38,9 design g meleiiRes- an and 12 The s+reets utilities, r a other infra-_#F(1rtUre iA tho.4r adequate to eFt the aFe s 21. If this use includes accessory meeting, convention or other facilities that will be used by persons other than overnight guests at the hotel or motel, the city may require additional parking on a case -by -case basis, based on the extent and nature of these accessory facilities. -32. No more than a ffveten-foot building setback is allowed adjacent to principal riedestria right(s)-of-way, as determined by the diFeEter-, unless: it is precluded by existing site improvements, easements, topography, or other site constraints, ar determined by them 9r, or to allow streetscape amenities, public on - site open space, or other architectural element(s) or improvements approved under Ordinance No. 23- Page 81 of 147 USE REGULATIONS USE ZONE (DIRECTIONS: CHART FIRST, read down to find use ... THEN, across for REGULATIONS Required Review Process Minimums Height of Structure'Spaces 'Required !Parking ZUNE .SPECIAL REGULATIONS AND NOTES - Chapter 19.115 FWRC. The minimum building setback along all other property lines is the same as the perimeter buffer as required by Chapter 19.125 FWRC. A BuildiRg height rs. . t-.e red from the permi4ed Lot 'Size Required Yards Front Side (each) Rear eutrieht height of 95 ft to 11_5 hl'r6,visible r+ree+srape ameRties, as defined iR PAIRG 16 nC 12along. the 9 Fight _of_Way, the ri+inei an,d derive of ,.,G,irh shall he appFGved by the diwetef, Q ildi ,r, height mat, lae sad frem 1 1 5 f+ +e 14 C# „rhapge far p ,.dine P Uh€ir aEcerd@Rce with FWRC 1❑ 4 11n eF paymergo an alternative fee OR liel I of IpFe.idiRg theOR site epeR Use of the alterr,atrye fee lieu rhRII he at the dirert.ar'r n dirrretien hared factors such on .,d; of tD,e r;te deyelenmen+ planto public_ epeR space, .,d exist - s. erFr i planned opea_rsare the immediate Vi .mitt of thn Thep redure and fermula Stip_ far ralru la+inn on -site epee a€tematiye fee in keU sparce and shall he a ,ed by the rit,cou r ri€, adopted her tih n_dirertQF shall he on fife iR the rlerWS effire,and shall he fellewed and have the full force Ordinance No. 23- Page 82 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS Minimums Required Yards ZONE Required Height Required C�-C Review Lot of Parking Process Size From Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND 1 b NOTES Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. 494. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 7-5. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. (Continued on next page) For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 1 19.225.050 Hotel, convention or trade centers. (Continued) Ordinance No. 23- Page 83 of 147 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS USE REGULATIONS (Required (Review (Process Minimums Height of Structure Required Parking Spaces Zpry SPECIAL REGULATIONS AND NOTES Lot Size Required Yards (Front Side (each) (Rear 86. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 97. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 10SiRgle_StOrtie_WildilggS FA .,t total r, nd geor..ar ref exceed a FWRC 1911Q nQn or by ;he approved eRtFy !;tFU 4WFea9 'Gbi.ies seating o Arad ._simi'A diningareas, bay WiRdOWS, feats Fesr,• ,a,ded that such shall a erd 1,000 sa ft addition(s) Ret i tiv a 17_ r bUildinh in any One nt ed. 11. el.,..,, a than 16nnn ft of n sq le ie#i -. .+rrar story eenr__+r OR a��J�L.eL4 eFty excludingappFei rro�coc I. .e.d 6 n der the pFevisio..f PAIRC 19 110 AAA ;4pd mon s.r gel slitipnr nrd by the ri'.ertO Rd nr nets a pp U 44. 17 Multinle_stwy lb.umidings are. Re +h;+ e sh flgar s ntains at leer 75 nt the grass. sq. _ Of the fir. pef Gf hof.-.... i. „R,.d rr.ntains a WSe(sPeRl priRdpal r,,itted 'n this 438. Required parking may be reduced under the provisions of FWRC 19.130.020(3)(a), (b), (c) and (d). 9. See FWRC 19.115.090 for structured parking_ guidelines. 10. Developments must have a minimum FAR of 1.5 and must not exceed a maximum FAR of 10.0. Building height must be consistent with the minimum FAR of 1.5 and the maximum FAR of 10.0. Ordinance No. 23- Page 84 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yardsiy Required (Height Required C�_C Review Lot of Parking Process Sine (Front Side Rea :Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES 4 b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. 11. For additional height limitations that may?pply. see FWRC 1 .245.010. 12. A minimum of 75% of required parking must be structured parking for developments adding more than_5,000 square feet of gross floor area. 13. Where any portion of the subject property is located adjacent to the intersection of multiple streets. the ground floor space for a distance of 50 feet from the nearest point of the subject property to any such street intersection, shall be limited to entertainment or retail uses. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 21. FWRC 19.225.055 is hereby amended to read as follows: 19.225.055 Emergency housing and shelter. The following uses shall be permitted in the city center core (CC-Q zone subject to the regulations and notes set forth in this section: Ordinance No. 23- Page 85 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZOfyE Front Side (each) Rea 'USE REGULATIONS Required Review Process Lot Size (Height .of :Structure Required Parking ;Spaces SPECIAL REGULATIONS AND NOTES 4 b Emergency Process None 20 5 ft. 74#t. See 1. Minimum side and rear yards shall housing and III ft. er notes be 20 ft. along residential zones and shelter Z90 #E 11, 12 five ft. along all other zones. - and 15 2. The city may permit these uses See Note 14 See 10, 11, only if: note 15 16 and a. The proposed emergency 18 housing and shelter is distanced at least 1,000 ft. from: i. Any other emergency housing and shelter; or ii. Public schools; As measured from the nearest points of each such property. b. The facility and program secure and maintain all licenses and/or approvals as required by the state. c. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. d. The program will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation. f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. Ordinance No. 23- Page 86 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZpN (Required Height Required CC-C (Review Lot of Parking (Process Size Front Side Rear Structure Spaces USE REGULATIONS (each} SPECIAL REGULATIONS AND NOTES g. The facility is in compliance with applicable health, fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (i) how the facility will engage with the community; (ii) how the facility will respond to community complaints or concerns; and (iii) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. (Continued on next page) Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.225.055 Emergency housing and shelter. (Continued) Ordinance No. 23- Page 87 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums �pryg Required Yards Required (Height Required C�-C USE REGULATIONS Review Process Lot Size (Front Side (each) Rea of 'Structure Parking Spaces SPECIAL REGULATIONS AND NOTES b 3. The city will determine the maximum number of residents and the number of dwelling units or occupancy rooms or suites permitted in a stand-alone development based on the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities within these units, rooms, or suites. c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design, and other design features of the proposed development. 4. Floor area requirements, minimum sleeping areas, and bathroom facilities will be determined on a case -by -case basis. C g ildmRg height may he iR ased Frern the height eF permitted 9Wtright 79 ft. to ft iRexchange for 200 bli.ly visible streetr,-ap pFeviding p amenities as defined -in -WRC- 1 ❑ nC 1 Oft aleRg the right _of- ,, the sitong and derigR Of Whi.h shall he by the. dweetr.r_ proved 495. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. -6. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. Ordinance No. 23- Page 88 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards DUNE Required (Height Required CC-� Review Lot of (Parking Process Size Front Side IRea 'Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 87. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 48. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 409. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 410. Parking spaces shall be provided as follows: Efficiency units - 1.0 per unit + one per two employees Studio units - 1.25 per unit + one per two employees One bedroom units - 1.5 per unit + one per two employees Units with two bedrooms or more - 2.0 per unit + one per two employees 121. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). (Continued on next page) Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 1 19.225.055 Emergency housing and shelter. (Continued) Ordinance No. 23- Page 89 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZONE (Required Height (Required C�—C (Review Lot of Parking (Process Size,Front Side Rear Structure.Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 1-32. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on -site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable Ordinance No. 23- Page 90 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZONE Front Side (each) Rear USE REGULATIONS (Required (Review (Process Lot Size Height of Structure Required Parking Spaces CC-C SPECIAL REGULATIONS AND NOTES b experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it - shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 143. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC, unless operated as a result of inclement weather, natural disaster, or similar event. 7 S. Minimurn vesi dnntial . Pa Fk" 14. Not allowed in downtown architectural overlay, see FWRC 19.245.020. 15. Developments must have a minimum density of 46 units per acre of developable site area and must not exceed a maximum_ density of 230 units per acre of developable site area. Building height must be consistent with the minimum density of 46 units per acre of developable site area and maximum density of 230 units per acre of developable site area. For additional height limitations that may applyr see FWRC 19.245.010. Ordinance No. 23- Page 91 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZONE Required (Height 'Required CL-� Review Lot of .Parking Process Si7P rrnnt Side Ponr Structure :Spaces USE REGULATIONS b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. SPECIAL REGULATIONS AND NOTES 16. A minimum of 95% of recuired parking must be structured parking_ 17. A minimum of 15% of the ground floor must be comprised of non- residential use. Where andportion of the subject property is located adjacent to the intersection of multiple streets, the ground floor space for a distance of 50 feet from the nearest paint of the subject property to any such street intersection, shall be limited to entertainment or retail uses. Modifications to the requirements of this note may be granted by the Director where commercial viability of the non-residential uses would be compromised by limits on visibility, lack of convenient access or parkin__g,_or conflicts with surrounding uses. 18. See FWRC 19.115.090 for structured parking _guidelines. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 22. FWRC 19.225.060 is hereby amended to read as follows: I 19.225.060 Parking garages. Ordinance No. 23- Page 92 of 147 The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS USE REGULATIONS b (Required (Review (Process Minimums Height of Structure (Required (Parking Spaces ZONE :SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) (Rea Above -grade structured parking facilities Process III None 4-0 ft 9-#L 0 # 4-568 ft. None 1. No front setback is ra^,:�r� yard if the fI00F facade fre.,+;^^ g rou nd Ar vol.;0 hi A frem ;h e Fi 9. t f-.•,�„ ;� 60%retail office or other U Ser of 0 ft. 0 ft. 0 ft. in thir. peFmitted zone, or Either use .le*er..,�.. e.d by the diFe.-ter gee n^+e.- , � He irtee+ with .mh., eeri.,e nl aR e.-.lfAr+hir .,.d +h e �rv�--ram ' r, +raRGe(S) tA_ +h'� are r,+e.d to the right of Wa y Gthemose a 10 ft &etbaek i4 FegymFed. 2. No !at maximum eeveNag" established!Rstead the h,-i ld;ihl aFea will he .de4eFm ne d by ..the. r:+e develepment requirements, FequiFed bkAers paFkiRg IG4 ` lay,.J.-eaping sw wateF fa.i 140 es F4ace etc-. 31. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 42. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. [ The city may Fequire a.dditie- al i dWapiRg buffers a case by - R of on case basis. g3. For sign requirements that apply to the project, see . Chapter 19.140 FWRC. 4. Where andportion of the subject propeft is located adjacent to the intersection of multiple streets, the ground floor space for a distance of 50 feet from the nearest point of the Ordinance No. 23- Page 93 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ENE Required Yards Required Height Required Review !Lot of Parking Process ;size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b submecttproperty to any such street intersection, shall be limited to entertainment or retail uses. Process I, Il, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 23. FWRC 19.225.070 is hereby amended to read as follows: 19.225.070 Multifamily dwelling units, senior citizen, or special needs housing. The following uses shall be permitted in the city center core (CC-Q zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZUNI Required Yards Required (Height Required Review Lot of Parking USE REGULATIONS Process Size Front Side teach) Rear Structure Spaces SPECIAL REGULATIONS AND 4 b NOTES Multifamily Process None Multifamily 79#L Multifamily 1. The city ma.. rs dwelling units II dwelling units, or dwelling M" rnedify required „_Fel senior housing, X99 t units: 1 per height, lot nd QthAr Ordinance No. 23- Page 94 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZUNE Required Yards Required (Height Required CC-C Review Lot of (Parking USE REGULATIONS Process Size Front .Side (each) IRearStructure:Spaces SPECIAL REGULATIONS AND NOTES b (stacked dwelling Pesslble or special - unit 4 site design and di.,,^^S.a-na units) Process needs housing: See YRdergFeynd f^r a d requiFements propel 111 same as these notes erg develop Fn^^++h'+ ^Peet` +ha Senior citizen or regulations for 4-4 and structured f^lIeWiRg cr;+er,a. special needs See ground floor 5 paler I a. The pYep housing (stacked note 1 use dwelling units) if surfac Rg e;3ted with „5ive Stand-alone Fehe plan polides +h;S ^^^/ .,,� f^b. senior citizen paFk,- or special See notes Z The propGsed needs housing: 4-614 elevelepme + Will be GOASir+on+ 20 5 ft. 5 .,,th the a ^ ieaa 'e deSigR through ft. ft. 2917 guidelinesi an Tho Senior See notes 1, 2 c. stroot utilities, and the a ethor �^�an, a}^ Sup A -A thee and 10 citizen housing: 1 pFepesea ,°,.borer, for each unit 2-1. No setback is required adjacent to rights -of -way for Special senior citizen and special needs needs housing, when publicly visible housing: 0.5 street-scape amenities, as for each unit defined in FWRC 19.05.190, are located along the right-of-way; Affordable the and siting ELT dwelling shall be eved by the units sr. provided -2. A minimum of 15 percent pursuant to of the ground floor must be FWRC comprised of nonresidential 19.110.010: 0 uses open to the public. Where for each unit any portion of the subject property is located adjacent to the intersection of multiple streets, the ground floor space for a distance of 50 ft. from the' nearest point of the subject property to any such street intersection, shall be limited to entertainment or retail uses. Ground floor space limited to Ordinance No. 23- Page 95 of 147 ]USE ZONE CHART (DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums (Required Height Required DUNE CC-� Required Yards USE REGULATIONS (Review (Process (Lot ;Size Front Side (each} Rea of Structure Parking Spaces SPECIAL REGULATIONS AND b NOTES entertainment or retail uses under the preceding sentence may count toward the 15 percent nonresidential use requirement under this note. Modifications to the requirements of this note may be granted by the Director where commercial viability of the non-residential uses would be compromised by limits on visibility, lack of convenient access or parking, or conflicts with surrounding uses. 43. Primary building entries to residential, retail, or parking must face aapedestrian pathway fI9GF qF9 REJ PaFki qyisihin frarterial streets -54. Developments must have a minimum density of 46 units per acre of developable site area and must not exceed a maximum density of 230 units per acre of developable site area. Building height must be consistent with the minimum density of 46.units per acre of developable site area and maximum density of 230 units per acre of developable site area. may be increased from the nerMrtted n�.}ri_h+ heir,h+ �bt 70 4 +e 200f+ MA U.h age of fef pFGymd''Rg r.Ublirly Virib! streetscape ameRities, defined ir. C1AIRr9 - 74l5 eJang the r +he ght-of_way- Ordinance No. 23- Page 96 of 147 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required (Height Required�-� USE REGULATIONS b Review Process Lot Size Front Side (each) Rea of ;Structure' Parking Spaces :SPECIAL REGULATIONS AND NOTES a ,, d d@S0 R of WhmEh 5h�ll be by the direEteF proved 5. For additional heicjht limitations that may apply, see FWRC 19.245.010. 6. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private open spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, p- patches, pools, active lobbies, and atriums. A minimum of 25 percent of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu payment may be utilized for up to 50 percent of the usable open space as specified in FWRC 19.115.115. 7 Any rammn aye 9peR 'rnpntr fn hGW5iAg a speEial needs housing may be edw e.d at the the director if rlirrretion of de ntr epen space study that le epen r emrnen ce will be to sewe the adequate eedS of the resi.dent.- (Continued on next page) Process I, II, III and IV are described in Ordinance No. 23- Page 97 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZONE Required Height Required Review Lot Side of Parking REGULATIONS1 (each) Process Size Front (each) Rea I Structure Spaces SPECIAL REGULATIONS AND 4 C* Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. I 19.225.070 Multi -unit housing. (Continued) For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Lot Size Required Yards USE REGULATIONS Required Review Process (Height of Structure Required Parking Spaces ZU1VE 'SPECIAL REGULATIONS AND NOTES Front Side (each) Rear b SG! Alr. m nt --veFage is .-rtcr-n the byilrLeL.le -. est-a-blished I'Astead ..III he dote..- iRed by other• sites development re9yi Fe FneFAs .Tej.r Feguired b y44eFs parking In+ .L.�-F•..e ..:�+e. 4�r:1 t er i-.ndS :apiR r r -97. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 4-08. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. -149. For sign requirements that apply to the project, see Chapter 19.140 FWRC. Ordinance No. 23- Page 98 of 147 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZaNE Front Side (each) Rear USE REGULATIONS Required (Review iProcess Lot Size Height -of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES b 4-2-10. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures.,Accessory dwelling units are not permitted. a311. Chapter 19.270 FWRC contains regulations regarding home occupations. 4-412. For affordable housing requirements, see FWRC 19.110.010. 4-13. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 16 Pa Fkir. may -be provided Struaured narlann_Or Fnay he rnitted as surface parking 4-714. Dwelling unit parking stalls are in addition to required parking for all nonresidential ground floor uses. 18, 9 ugaee pa 44 9 a r fer multifamily deyeIGPfRe .+_m,..c��n lera+ed re that they am ROtyicihle fre-M agerials a edest;ia., a pigted Walkways. When dr..+orminor by the ity development dmfe Oor nr CiDFAFAWR designee that r 0 remeRt 05 ne+ swel; w feasible, r•U4Ge P8Fkin May -be seFeened from P.bIrr-.,j. , b,,, elid WA n hedge r=amparst e a fence On b OF or a maRRe; approved de„elenmen+ d;rer+e,- the eemw unity Tcvr ervr�cc , 4-15. Required parking may be reduced under the provisions of FWRC 19.130.020(3) (a), (b), (c), and (d). 16. See FWRC 19.115.090 for structured parking_ guidelines. 17. A minimum of 95% of required narking must be structured parking. Ordinance No. 23- Page 99 of 147 SE ZONE CHART IRECTIONS: FIRST, read down to find use THEN, across for REGULATIONS Minimums Required YardsZUNE Required Height Require Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATION 15 b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. CC-C ECIAL REGULATIONS AND NOTES For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 24. FWRC 19.225.075 is hereby amended to read as follows: 19.225.075 Permanent supportive housing and transitional housing. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZaN>v Required Yards (Required Required CC-C (Review Lot Lot Height Parking USE REGULATIONS (Process Size (Front Side (each) Rear Coverage of Structure St Spaces ,SPECIAL REGULATIONS AND NOTES b Permanent Process None 4-9#LNone None 79#.er See 1. Any proposed supportive housing III 200 ft. notes permanent supportive housing or transitional Ordinance No. 23- Page 100 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Z�NlE Required Yards Required Required CC-C Review Lot Lot Height Parking USE REGULATIONS Process ;size 'Front Side (each) Rear Coverage St Structure Spaces SPECIAL REGULATIONS AND NOTES b and transitional See 13, 19 housing facility with more housing notes and 20 than two units, or which 4417 brings the total number of and permanent supportive 42 housing or transitional housing units on the property to more than three units, must be distanced at least one and one-third miles (7,040 ft.) from any property with more than three units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 41-0150 residences located within a single facility or complex. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve Ordinance No. 23- Page 101 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums T.flNE Required Yards Required Requirede-C Review Lot Lot ( Height Parking USE REGULATIONS Process Size Front Side (each) iRear Coverage of :Structure Spaces SPECIAL REGULATIONS ,AND NOTES b concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (a) how the facility will engage with the community; (b) how the facility will respond to community complaints or concerns; and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9 Where the building is lecated Rear a Faght-ef- +he Few—d floor M r+ g 9f R sidential CA—A-Sis+ spaGe(s) with a r._GeiliRg he� Ordinance No. 23- Page 102 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums USE REGULATIONS Required Review Process RequiredC-� !Parking :Spaces �lE SPECIAL REGULATIONS Lot 'Size Required Yards Lot Coverage Height of Structure Front Side (each) Rea b AND NOTES 4 a 4.; a sideRtial spaEes that r null ute - aietiye pFesenee to the scree cape. A minimum of 15% of the ground floor must be comprised of non-residential uses open to the public. Where any portion of the subject property is located adjacent to thQ intersection of multiple streets, the ground floor soace for a distance of 50 feet from the nearest_point of the subject 12ropeity to any such street intersection, shall be limited to Entertainment or Retail uses. Ground floor space limited to Entertainment or Retail uses under the preceding sentence may count toward the 15% non- residential requirement under this note. Modifications to the requirements of this note may be granted by the Director where commercial viability of the non- residential uses would be compromised by limits on visibility, lack of convenient access or parking, or conflicts with surroundina uses. 10. Primary building entries to residential, retail, or parking must face a Ordinance No. 23- Page 103 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Height Required ( Review Lot Lot Parking Process Size iFront Side Rear Coverage of Spaces USE REGULATIONS (each) 'Structure SPECIAL REGULATIONS I b AND NOTES Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. pedestrian pathway. an arterial street With n multifamily residential ground floor pad(iRg rihle from _arterial streets. 11 All hu-ildings except fer related parking r+nur+eras r. to 65 f+ iR height /riX r+erier\r mu st he .,�hlerl .�i+h r.itcherl r 9tr � 4err the 19WildiRg as taller+haR 35 f+ (three sterier) with a the multifamily epen spar=e inrrearerl frem the permitted outright height Gf :7n f+ tG 22nn f+ i "rhannn_fer pFeyidip p bliely visible r+reetseape aMer itie r .defiRe.d OR Fight _rf_way; the siting dK2EtA r (Continued on next page) For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Ordinance No. 23- Page 104 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards ZONIE Required Required Review Lot Lot Height Parking USE REGULATIONS (eaStructure Process Size Front Side Rear Coverage of Spaces SPECIAL REGULATIONS chj AND NOTES b For details regarding required yards, see FWRC 19.125.160 et seq. 19.225.075 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use. THEN, across for REGULATIONS Minimums Maximums ZUNiM Required Yards (Required Required Review Lot Lot Height Parking USE REGULATIONS Process Size Front Side (each} Rea Coverage of .Structure Spaces SPECIAL REGULATIONS AND NOTES a 3 11. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private open spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, P- patches, pools, active lobbies, and atriums. A minimum of 25% of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in - lieu payment may be utilized Ordinance No. 23- Page 105 of 147 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums USE REGULATIONS Required Review Process Required Parking 'Spaces ZONE �C-C SPECIAL REGULATIONS AND (Lot Size Required Yards Lot Coverage Height of Structure Front:Side (each) Rear b NOTES for up to 50% of the usable open space as specified in FWRC 19.115.115. 1412. Any common open space requirements may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. 19Sy4aee aFeas parl.iRg Must he L,ea+ed se that they r.t . rihle 40M ar+eriair are er nodes+ria eFieRted wall.. ays WheR de+erRiRed by the director or de5mgRe that o eh r r,+ as Ot feasible su4aee r.aFkil;q M beWee ed fpurn public yle-of by a et evergFeeR elid feRee hedge, wall @F ar b apprayed the . Rity deyel.,pmeRt 4-613. Parking spaces shall be provided as follows: Efficiency units - 1.0 per unit + one per two employees Studio units - 1.25 per unit + one per two employees One bedroom units - 1.5 per unit + one per two employees Units with two bedrooms or more - 2.0 per unit + one per two employees 4-714. Alternatively, an applicant may choose to submit a parking study in Ordinance No. 23- Page 106 of 147 USE REGULATION b b USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yardsi IZONE equired Height Required i eview Lot :of lot (Parking rocess Size (Front Side raarhl Rea Coverage :Structure ,Spaces Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. CC-C IECIAL REGULATIONS AND OTES accordance with FWRC 19.130.080(2). 4815. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. (Continued on next page) For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.225.075 Permanent supportive housing and transitional housing. (Continued) Ordinance No. 23- Page 107 of 147 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use. _ THEN, across for REGULATIONS Minimums Maximums '�C31VE Required Yards (Required Required �C—C (Review Lot Lot Height parking USE REGULATIONS (Process Size IFront (each) (each) Rear Coverage .St Structure Spaces SPECIAL REGULATIONS AND b NOTES c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and anode of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on -site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. Ordinance No. 23- Page 108 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums USE REGULATIONS Required Review Process (Required IParking Spaces ZONE '.SPECIAL REGULATIONS AND ILot Size Required Yards Lot Coverage Height of Structure Front Side (each) Rea b (NOTES e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a.protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 4-916. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC. 17. Developments must have a minimum density of 46 units per acre of developable site area and must not exceed a maxi mum density of 230 units per acre of developable site area. Building height must be consistent with the minimum clensily of 46 units per acre of developable site area and maximum density of 230 units per acre of developable site area. 18. For additional height limitations that may apply_, see FWRC 19.245.010. Ordinance No. 23- Page 109 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yardsl I ZONE USE REGULATION b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Height Required Lot of Parking Coverage Structure:Spaces CC-C ECIAL REGULATIONS AND 19. A minimum of 95% of required parking must be structured parking. 20. See FWRC 19.115.090 for structured_ parking guidelines. 20 Minim-; l od(i req emeRtS SWbjeC4 to FWRC �14 1 if1 f17 f'S J`'�` For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 25. FWRC 19.225.080 is hereby amended to read as follows: 19.225.080 Hospital - Convalescent centers - Nursing homes. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: Ordinance No. 23- Page 110 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums US REGULATION Required Review Process Height of Structure (Required (Parking Spaces 'SPECIAL (Lot :Size Required Yards' Fron Side (each Rear E S t ) (REGULATIONS AND 4 b (NOTES Hospital facilities, Process Non 20 0 ft. 0 3-5-ft-. Hospital (primary 4. The .it,, rna, g ig convalescent II e ft. ft. above care): 1 for each 3 Iify ppocess W, modify centers or nursing Pessibl average beds, plus 1 for each i.e,d See coo r,^+es'1 yard homes e T L��lir4Rg staff doctor, plus 1 lands-a^e and h„ueF Process 4 at�4 elevatie for each 3 employees desi(p and Other Site t14 and ,threen nal - Convalescent/Nursin r^e^*r {^r see See g homes: 1 for each 3 used notes 4-6 F beds and 1 for each 2 devel.- PFReRt +ham+ and 7 employees Meets +he te119wiR See Notes 5 and 8 -ram The a. proposed deg gel.- pmeAt will he ;ste—mt .yith the adepte GOMPFehensivepla nr. 6e9- f49r t-h'r r a-R4 h The P erd he deyel9pF:Pent vol" is+a... „rith applicable &4R guidelines; The streets utilities and ether 444AA 141 ire in the are ti. ama adequate ^rt the erl development established! Instead the b uildalale ;Irpa ..iil bae 4E-- norm i ned ay f vrrrcT--�rcc oche site de el.. R4 Ordinance No. 23- Page III of 147 USE ZONE CHART 'DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums US REGULATION E S (Required (Review (Process Height of Structure Required Parking Spaces Z[]NE SPECIAL REGULATIONS AND Lot Size Required Yards Fron t :Side ;each Rear b NOTES landscaping s 4ace -a+or f;C-414t ,s o+e -31. For community design guidelines that apply to the project, see Chapter 19.115 FWRC 42. For landscaping requirements that apply to the project, see . Chapter 19.125 FWRC §3. For sign requirements that apply to the project, see Chapter 19.140 FWRC 64. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 5. See FWRC 19.115.090W.(a) for structured parking requirement. 6._ DemeJvpments must have a minimum FAR of 1.5 and must not exceed a maximum FAR of 10.0. Building height must be consistent with the minimum FAR of 1.5 and the Ordinance No. 23- Page 112 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards CC-C Required Height of Required Review Lot Fron Fide Structure Parking Spaces US REGULATION Process :Size t (each Rea E S ;I b Process I, II, 111 and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. :'ECIAL EGULATIONS AND OTES maximum FAR of 10.0. 7. For additional height limitations that may apply, see FWRC 19.245.010. 8. A minimum of 75% of required parking must be structured parking for developments adding more than 5,000 square feet of gross floor area. 9. Where any portion of the subject property is located adjacent to the intersection of multiple streets, the ground floor space for a distance of 50 feet from the nearest point of the subject property to any such street intersection, shall be limited to entertainment or retail uses. For other information about parking and parking areas, see Chapter 19.130 FWRC For details of what may exceed this Ordinance No. 23- Page 113 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards TONE Required Height of Required Review Lot Fron Side Structure Parking Spaces US REGULATION Process Slze (each Rear SPECIAL E S t } REGULATIONS AND b NOTES height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 26. FVWRC 19.225.090 is hereby amended to read as follows: 1 19.225.090 Schools — Day care facilities, commercial. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Z(IIVE Required Require Yards Id Height of 'Required Review 'Lot 'Size Side Structure Parking Spaces SPECIAL- US REGULATION process IFron (each ReaE S t r REGULATIONS AND � b } NOTES Schools, business Process Non 01 0 ft. 0 fL High school: 1 for each '. The city m or vocational II e ft. ft. employee and 1 for each o« 14 school PA,;rah, average 10 students medify Feguira e FIlIRg yar.J'height, Day care facility, Process ;Ind 9 eleuat+ee Elementary/Middle: 1 for landscape and commercial fff feF gyms lecated each employee buffer "„d +her site See 100 ft. o Business/Vocational/Tra desigRand dimensieRal AAtp I more de: 1 for each employee requirements fer a from aR and 0.5 for each student wed Ordinance No. 23- Page 114 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS Minimums Require ZDN Required Yards US REGULATION E S b Id Review Process Lot :size Height of Structure adj,aceRt es. Rti (Required (Parking Spaces Day care: 1 for each 300 SPECIAL REGULATIONS AND NOTES .Je .elr,PFReA++i,-.+ Fneeu the felle ., ng IFron t Side (each Rea r awe sq. ft. of gross floor area criteria: Thy.pFoposed development will he .,., m�+t w6th +h.. adopted ehe pla 35-ft-. abeve average budir1.ing See Notes 10 and 13 fer all otheF 'tea h The ed prop consistent with design See applicable @wideljRes and notes 11 r. The s+ree� and 12 and ut'l,t.e5 otheb 4rastr w.tW the n are adequat area level�. 7 For rtr EWFe ar�y-iecrease-i+� rh;;ll not hInrk -de",q designated by theempro ehe ...Ia R. 41. Day care facilities must contain an outdoor play area with at least 75 sq. ft. for each child using the area at any one time. This play area must be completely enclosed by a solid fence or other Ordinance No. 23- Page 115 of 147 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums T.UN Required (Require Yards d (Height of (Required (Review (Lot 'Size Side :Structure (Parking Spaces SPECIAL US REGULATION (Process Fron (each Rea E S t r REGULATIONS AND � b NOTES screen at least six ft. in height. Aay en4 and St I. I ed-areas nl� s+ hp r.+ hack least five f+ at fFe erty each Ip I+rl� Q. Day care facilities may include accessory living facilities for one staff person. 53. All activities pertaining to schools or business or vocational schools, such as auto repair or other uses that may impact adjacent properties must take place within an enclosed building. 454. Day care facilities and schools must comply with the requirements of the State Department of Social and Health Services and/or the State Superintendent of Public Instruction. NIA mmxim-m lot established Instead the h--ildahle will be determinzrl Ordinance No. 23- Page 116 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . - THEN, across for REGULATIONS Minimums ZUN Required Require Yards Id Height Height of Required US REGULATION Review process Lot 'Size !Fron Rea 'Structure Parking Spaces SPECIAL E S ,t (each r REGULATIONS AND b NOTES oyvmcr site development ro r.i i ^pro... _.n.__tr . , required buffers, pad(iRg 1E)t landscaping yraee v.xate.r f-a�ili+iesi etc 85. For community design guidelines that apply to the project, see Chapter 19.115 FWR C. 96. For landscaping requirements that apply to the project, see Chapter 19.125 FWR C. 4-07. For sign requirements that apply to the project, see Chapter 19.140 FWR C. 148. Refer to Chapter 19.265 FWR C to determine what other provisions of this title may apply to the subject property. (Continued on next page) Process I, II, III and IV are described in For other Chapter 19.55 FWRC, information about Ordinance No. 23- Page 117 of 147 SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required ZONE 2quire I Yards CC-C d Height of Required Review Lot Side Structure Parking Spaces US REGULATION Process S1ze Fron (each Rea E S t } r 4 Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. SPECIAL REGULATIONS AND NOTES parking and parking areas, see Chapter 19.130 FWR C. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.225.090 Schools - Day care facilities, commercial. (Continued) USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS USE REGULATIONS (Required (Review (Process Minimums Height of Structure Required (Parking 'Spaces �QIVE CC-� 'SPECIAL REGULATIONS AND NOTES Lot Size Required Yards :FrontSlde (each} Rear 7 Crh....i6 1ae rzP-Atakmerr .-. rA eat site fap the stern 9e of a rtiar,r.r supplies as an arcrces6eF) pr-epaFedpe6s C-AntaineFS may not be located in use. .•ed , I he aRy afd andseapiRg Fsay Fequired by of eewA.k�nif,r 9 development se Nines to r en the if the ed IeEatinn 5tall,ti..n Will p he ,■ r:4 In from e_public nght-ef way a n r. ertier__C:ti.. r, i Rd/r.r ghbOFiRq Ordinance No. 23- Page 118 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height (Required C- Review Lot of (Parking Process Size 'Front Side (Rea :Structure:5paces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES 4 b w lh ect to review and appreval u n de pferiess I diF cteKs appFeval, nle propesed as a e amponnnt of ether pFejeL4; i .which case the siting of thn r Rtai.,6F Wi 11 he r .e.d as part of the overall .development proposal and w lh eet to the u ndedyiAg ryinv., pFeeess. -�9. Site design, including the location of parking and passenger loading areas, shall be designed to reduce impacts on nearby residential areas. 10. See FWRC 19.115.090 for structured parking_ guidelines. 11. Developments must have a minimum FAR of 1.5 and must not exceed a maximum FAR of 10.0. Building height must be consistent with the minimum FAR of 1.5 and the maximum FAR of 10.0. 12. For additional height limitations that may apply, see FWRC 19.245.010, 13. A minimum of 75% of required parking must be structured parking for developments adding more than 5,000 square feet of gross floor area. Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 27. FWRC 19.225.100 is hereby amended to read as follows: Ordinance No. 23- Page 119 of 147 19.225.100 Government facility, public parks, public transit shelter. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS USE REGULATIONS b Required Review Process Minimums (Height of Required Parking Spaces 'SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) IRear'Structure Government facility Public parks Public transit shelter Process II Pessfble Process 14 See Rete 1 Transit shelter: Process None Government facilities: 7-5- . See notes 1-7 and 98 Government facility: Determined on a case- by -case basis See Notes 6 1. The _city -ma .. —S-5 III, ,,,gdif r red „err{ height h ffer 2-0 0 ft. ft' ft- lands.^e ,^., and other site design and dimeprieRal requifements f..r-e nF9P9r� Public pa;;(T netermined develepi;AeRt that F;;eets the felle,.,ing ,-ri+eri,: a The prop sad de„e be . intent and 9 Public parks: Determined by the parks director See Notes 6 a case_h„_case 13aSl5 �t wilf with ;e adep cornpreher,si„e plan pelir:as this zone; and deyel VAII hnrr�r cirTt.rt s+ i D� �hli.- +ran "" g4. g4. g #-. pMeRt .,it" a nrc,hre design �idelir,er• , aP The utilities, nd See T� and and 9 Public transit shelter: None c. streets, ether Est, n +he are adeq Uate tG rupper+ the lampo5ed development. 9. 49p9red r„rl,r must he r•nr,sistent with the city adepted comprehensive perks PTA' 2 No maximum !at r-_eyefa.-e4 es+ehlished Instead, the hd-.hI,� ., .,41 he determined by other site do ..t ele Fequiiceianents, let egisrnd buffers, paickiRq lands water Fface facilities, etc Ordinance No. 23- Page 120 of 147 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums (Required Height (Required C�- Required Yards USE REGULATIONS Review (Process Lot Size Front Side (each) Rear of Structure'Spaces (Parking SPECIAL REGULATIONS AND b NOTES 41. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. -52. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 63. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 74. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. R. Other re+milYSeS 9t listed iR this zeRe speeifically Fnay l9e approved th if the deyeleprr.ent Services is de+o ed to pFepesed use he GOR505+ont withad„nt.d rcempre ensiveplan pe[inor fnr this crri�--'cvrte. 95. Minor and supporting structures constructed as a functional requirement of public parks may exceed the applicable height limitation; provided, that it is the directer of development Community sus determinesd that such structures will not significantly impact adjacent properties. 6. See FWRC 19.115.090 for structured parking_gu_idelines. 7. Developments must have a minimum FAR of 1.5 and must not exceed a maximum FAR of 10,0. Ruilding height must be Ordinance No. 23- Page 121 of 147 USE ZONE CHART IDIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards �0 (Required Height Required iReview (Lot Side of Parking ISE REGULATIONS (each) Process ;Size Front (each) Rea Structure Spaces 'SPECIAL REGULATIONS AND b (NOTES Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. consistent with the minimum FAR of 1.5 and the maximum FAR of 10.0. $. For additional height limitations that may apply, see FWRC 19.245.010. 9. A minimum of 75% of required parking- su to structured parking for developments adding more than 5.000 square feet of gross floor. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 28. FWRC 19.225.105 is hereby amended to read as follows: I19.225.105 Public transportation facilities. The following uses shall be permitted in the city center core (CC-Q zone subject to the regulations and notes set forth in this section: USE ZONE CHART REGULATIONS I DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Ordinance No. 23- Page 122 of 147 Minimums ZONE Required Yards Minimum CC-C Required Maximum Required Review Lot Height of Parking USE Process Size Front Side Rear Structure Spaces SPECIAL REGULATIONS (each) AND NOTES b Light rail or Process None 0 ft. 0 ft. 1 0 ft. 75 ft. 500 1. If approved by the commuter rail transit IV above spaces for director, the height of a facility Except 20 ft. along average light rail structure may exceed 75 See note single-family building or ft. above average building 17 residential zones elevation commuter elevation (AABE), if the (AABE) rail increased height is facilities necessary to See notes with accommodate the 1 and 2 transit structural, equipment, or stations operational needs of the use. See notes 2. Building height may 13, 14, 15, not exceed 75 ft. AABE 16, and when located within 100 17 ft. of a single-family residential zone. 3. The proposed development will be consistent with the adopted comprehensive plan policies for this zone. 4. Minor and supporting structures constructed as a functional requirement of a facility may be allowed at the same height as the primary structure, provided the director of community development determines that the facility and any related supporting structures will not significantly impact adjacent properties. S. The subject property must be designed so that truck parking, loading, and maneuvering areas; areas where noise generating outdoor uses and activities may occur; Ordinance No. 23- Page 123 of 147 and vents and similar features are located as far as possible from any residential zone, conforming residential use, or natural systems. 6. The streets, utilities, and other infrastructure in the area must be adequate to support the proposed development. 7. No maximum lot coverage applies. Instead, the buildable area will be determined by other site development regulations, i.e., required yards, landscaping, surface water facilities, etc. 8. For regulations pertaining to outdoor. use, activity and storage, refer to FWRC 19.125.170. 9. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 10. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 11. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 12. For other provisions of this chapter that may apply to the subject property, see Chapter 19.265 FWRC. 13. A reduction to the minimum required parking spaces may be allowed provided a transit station access and parking study is submitted as part of the development application for city -issued land use approval to inform any decisions regarding the Ordinance No. 23- Page 124 of 147 reduction of parking. The scope of the study may include, but is not limited to: the existing supply, utilization, and availability of publicly accessible on - street and off-street parking, projected changes to transit ridership, traffic (vehicle trip generation), and area parking availability likely to result from any interim or alternative station access and parking scenarios. The director may grant, after consultation with the city traffic engineer, a modification to the minimum number of parking spaces based upon the result of the transit station access and parking study and the approval criteria in FWRC 19.130.080(2). (Continued on next page) Process I, II, III and IV are described in For other information Chapter 19.55 FWRC, about parking and Chapter 19.60 FWRC, parking areas, see Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 1 19.225.105 Public transportation facilities. (Continued) Ordinance No. 23- Page 125 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums (Minimum ZONE Required Yards Required Maximum (Required CC-C (Review Lot Side Height of (Parking USE REGULATIONS (Process Size Front (each} Rear Structure .Spaces SPECIAL REGULATIONS AND NOTES b 14. Provision of parking may be phased consistent with a phased parking plan included and analyzed in the transit station access and parking study. The phased parking plan must specify the percentage of required transit parking access to be accommodated at the time of certificate of occupancy issuance for the transit station, any applicable milestone years for provision of additional parking, and the frequency at which particular land use or transportation conditions will be evaluated for potential updates to the phased parking plan. The phased parking plan must be consistent with the findings of the access and parking study and the approval criteria in FWRC 19.130.080(2). An agreement shall be executed between the city and applicant, prior to issuance of building permits, to ensure station access and parking services are provided consistent with the phased parking plan. 15. In general, surface parking shall not be permitted. Surface parking may be permitted if the director determines that the proposed surface parking achieves comprehensive plan and/or subarea plan goals and policies, and: a. Structured parking cannot adequately accommodate the provision of limited purpose parking such as ADA parking spaces, short term parking spaces, and electric charging stations; or b. The proposed location of surface parking is on land with low Ordinance No. 23- Page 126 of 147 E REGULATIO b USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Re uired Yards 9 IMinimun uiredTiFronRea Maximum (Required ew Lot Height of (Parking :ess Size 'Structure SDaces Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. ZONE CC-C SPECIAL REGULATIONS AND NOTES redevelopment potential, such as under a railway, where structured parking would be impractical; or c. The potential exists for the future conversion of the proposed surface parking, including parking provided in accordance with a phased parking plan under note 14, to structured parking as part of a transit -oriented development, public -private partnership, or similar means of redevelopment, and the applicant and the city have executed an agreement specifying the date when, or conditions under which, the surface parking shall be converted to structured parking if no redevelopment occurs. (Continued on next page) For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.225.105 Public transportation facilities. (Continued) Ordinance No. 23- Page 127 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Minimum ZONE Required Yards Required Maximum Required CC-C !Review Lot Side (Height of Parking USE REGULATIONS Process Size Front (each) Rear'Structure Spaces SPECIAL REGULATIONS AND NOTES b 16. Parking required by this chapter shall be no more than 800 ft. from the proposed transit station. The distance shall be measured along a city - approved pedestrian path from the transit station entrance to the closest public pedestrian entrance to the parking facility. The director may grant a modification to the maximum distance between parking required and the proposed transit station based on consideration of how pedestrian weather protection, crosswalk improvements, lighting, street trees, sidewalk width, and wayfinding are able to facilitate seamless access integration, as well as the approval criteria of FWRC 19.130.090. Notwithstanding the foregoing, the applicant may enter into a shared parking agreement with another property owner to utilize existing surplus parking on properties located within 800 feet of the facility, or where a direct transit link (e.g. bus, shuttle, etc.) will be provided between the parking and the transit facility, to satisfy a portion or all of the parking requirement. Shared parking is subject to the approval criteria of FWRC 19.130.120. Shared parking is not subject to the requirements of note 15. 17. Project will be reviewed as a Class I Essential Public Facility; refer to FWRC 19.105.020(2). Process I, ll, III and IV are described in Ordinance No. 23- Page 128 of 147 ZONE CHART CTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Keq u i rea Review Lot Process Size Front Side USE REGULATIONS (eacl 4 a Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Minimum ZONE 1ximum Required CC-C ight of ..�. __ Parking ECIAL REGULATIONS AND NOTES For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 29. FWRC 19.225.110 is hereby amended to read as follows: I 19.225.110 Public utility. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZONE Required Yards CC-C Required Height Required Review Lot of Parking USE REGULATIONS Process Size Front Side Rear Structure Spaces AND NOTES SPECIAL REGULATIONS (each) b Public utility Process None ZO ft. 10 ft. 10 ft. --560 ft. Determined , The city II Soo n~+es 1 ,PA-5 above on a case- precess "' e.Jify pessmble average by -case requmFed yard, height, PFeEess building basis '^~'A"'. 14 elevation „+her site d~lsi ~ and dmmeRSiE) gal Spp nA~'+CG ate ,-o,.IRtS f„ 4 41- pFeposed deyek4w ee+ Ordinance No. 23- Page 129 of 147 that moors the fellewiRg eroteFeai a. The prepesed de. elepment will h isten+ With +he -,..Eepted . r..hensmy.. nd'z-"vi=rRmv b. The prepo&ed development Will he consistent with app!'Eah 9TT glciidelin., n.J ' r The streets, utilities ' nrl ..f.FaStF et n the area are adequate to the suppeo qFepesed de e 2. If determine.) Recessaicy +e mi+'..a+e impacts visual Rd neise to surFounding the city m pFeperror requiFe ads♦'+'.. aI I�nd��ninr. buffer or on a caseby e ha 2 Ne maximum let er+�hGrhe.J Instead +he h� �i Idahle ildab area wMIl he determined ,by ether site developmeRt , buffer FeqUiFed parlonr. In+ landscaping, suFface water facilities .- r e+ 41. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. -52. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. Q. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 7-4. Refer to Chapter 19.265 FWRC to Ordinance No. 23- Page 130 of 147 Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. determine what other provisions of this title may apply to the subject property. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 30. FWRC 19.225.120 is hereby amended to read as follows: I 19.225.120 Personal wireless service facility. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Z{yry� Required Requir CC—� ed Yards Require (Maximum Landscapi Signs d Review (Lot 'Side Height ng .Parking SPECIAL US REGULATIO Proces Size Fron Rea 'Spaces (REGULATIONS E NS s t Ihe)ac AND NOTES b Personal See Non See notes 1 Refer to See note Not N/A 1. For setbacks, wireless service note 2 e and 4 FWRC 19.256.15 4 allow see facility 0 for maximum ed on FWRC 19.256.150( heights for a 4)(b). See note 5 for allowed types of PWSF 2. Subject to allowed types PWSFs meeting all of PWSFs applicable See note 3 development standards, the Ordinance No. 23- Page 131 of 147 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums ZpN Required IRequir d Yards Require Maximum Landscapi Signs d Review Proces Lot Size :Side Height ng Parking 'SPECIAL US REGULATIO !Fron IRea Spaces (REGULATIONS E NS 's t ,h�ac it AND NOTES b review process used shall be process I, except for the following proposals: a. Process II if the PWSF is a new freestanding PWSF. b. Process III if the PWSF is a lattice tower accommodating four or more providers. 3. Maximum allowed height for a new freestanding PWSF shall be the minimum necessary to provide the service up to 100 ft., plus any height granted under FWRC 19.110.060. A PWSF shall be allowed up to 120 ft. if there are two or more providers; except that a lattice tower of between 120 ft. and 150 ft. will be allowed under a combined application of four or more providers. Ordinance No. 23- Page 132 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Zpry� Required Requir CC_� -ed Yards Require (Maximum Landscapi Signs d Review Lot Side Height ng (Parking SPECIAL US REGULATIO Proces Size Fron Rea '5 aces p REGULATIONS E NS s t i�eac r AND NOTES � b 4. All PWSFs shall be landscaped and screened in accordance with Chapter 19.125 F WRC and the provisions of the PWSF development regulations. At a minimum, a five- ft. type III landscaping area shall be required around .the facility, unless the community development se.p.,ieeTdirector determines that the facility is adequately screened. 5. New freestanding PWSFs are allowed subject to height limits and collocation provisions. PWSFs are allowed on existing towers, on private buildings and structures, on publicly used structures not located in public rights -of -way, on existing structures located in the BPA Ordinance No. 23- Page 133 of 147 USE ZONE CHART 'DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Zpry� iRequir Required C�—C ed Yards Require iMaximum Landscapi 'd Review Lot Signs SPECIAL Proces Size 'IFron Side Rea Height ng Parking (REGULATIONS US REGULATIO � eac 'Spaces E NS s 1t �h) r AND NOTES b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Section 31. FWRC 19.225.130 is hereby amended to read as follows: 19.225.130 Churches. trail, and on existing structures in appropriate public rights -of - way. Refer to FWRC 19.256.150 f or development standards applicable to allowed types of PWSFs. For other information about parking and parking areas, see Chapter 19.130 F W RC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23- Page 134 of 147 The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE REGULATIONS � b USE ZONE CHART (DIRECTIONS: FIRST, read down to find use. THEN, across for REGULATIONS Required (Review ( Process Minimums (Height of :structure Required ( Parkin g 'S aces p ZONE CC-� 'SPECIAL REGULATIONS AND NOTES (Lot :size Required Yards Front Side (each) Rear Churches and other place of religious worship Process III 4t# &€RA" PFeeess 14 None 0 ft. 0 ft. 0 ft. 354t-. aheare average Wilding T bUt RE) ta4er th;w qq - Sees notes 2-,7 and 4-- 66$ 1 for each 5 seats or 10 lineal ft. of bench seating See Notes 6 d,.,olling „^it f^r ,«a by the Feligiews leader e f +he ,.regatie., If this is See9tes a� af�d-9 __ ds. elid „ nit, _ ,+5 5n+h,rl,1 A.e M ft_ front and five f+ side and r W iris the nrepert.. it on subject located adyacent to a side .+ial +. +h 3t .-.er+ie., r.f+he Lure shall not exceed 30 ft_ and 9 stfu +he 14, ire rh 4 ge+ a Ral stri aegac-k a rn kn.i.rr.uen of. 30 ft frn m. tho lire the . property of sider.0 flat . Ofl4Rer such as parapL4s and a Ftk dated GOFRiGeS may exceed the 79 ft height 1OFA it by three fF ] WheR located adjacent to a r;dential .e .rya., Rot adco 14L% ler;tad w0th0 P I C ft of the line. r,dential zaRe property of the . Onr=ipal 64 GtWre FR .. C.e inEmeased to 40 ft if all of the felleW;Rg aFe Fse+• n The. additional_height_is +ham neeessa rti to ommodAte nadir: iieF use conel.ur_ted_in the WildiRg. h Ea h r red ,and abuttiRg the Stru it .nr_rnnro�A nne-4tfnr cti rh e e ft the stru mr exceedr 75 ft _he�Ie a building elevatoGn. Ordinance No. 23- Page 135 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums TANE Required Yards CC_� USE REGULATIONS Required Review (Process - Lot ;Size Front Side (each) Rea Height of :Structure (Required (Parking Spaces p SPECIAL REGULATIONS AND NOTES RG r--..AA height shall 'c-c.-Tc-u�«-v� 1910d( .i eieir_rl orir� +a+ed by the .�rw rrr� comprehensiveplaR. G AA- ximt Fn height . f tke rr.hip aFe sanctuary ef pfindpal w be in to 55 f+ if y sed all o Each r ired +. ! ah .++i. a. YL art r erorj_Gnnf fe the stf . o;rh e e # the exreeds structure ]C f+ ai ayeFaye building eve e l evaaivRr 1- ❑R ineFease OR height shall not Mock designated by the views eemprehesive plaR. 61. Religious symbols and icons for churches and other religious institutions may exceed the highest point of the underlying roof on which it is mounted by an additional 15 ft.; provided, that such symbol is a minor architectural accent and only one such symbol is permitted on the principal structure for this use and that the maximum height of the structure or icon does not exceed 55 feet above average building elevation. 'i �:-Al�raaa instead ;he buildable established area will he determined h1r_othar ri+.. deyel..r. ed buffem parkins. le I- faril't'e err 92. For community design guidelines that apply to the project, see Chapter 19.1.15 FWRC. Ordinance No. 23- Page 136 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums �pN� Required Yards CC_� Required Height of Required Review Lot Structure Parking Process Size iFront Side (Rear Spaces SPECIAL REGULATIONS AND NOTES ISE REGULATIO 4 a Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. -93. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 494. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 445. Refer to FWRC 19.265.010 et seq. to determine what other provisions of this chapter may apply to the subject property. 6. See FWRC 19.115.090 for structured parking_ guidelines. 7. Developments must have a minimum FAR of 1.5 and must not exceed a maximum FAR of 10.0. Building height must be consistent with the minimum FAR of 1.5 and the maximum FAR of 10.0. 8. For additional height limitations that may apply, see FWRC 19.245.010. 9. A minimum of 75% of required parking must be structured parking for developments adding more than 5,000 square feet of gross floor area. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 32. FWRC 19.225.140 is hereby amended to read as follows: Ordinance No. 23- Page 137 of 147 19.225.140 Urban agriculture. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZpN Required Required Yards Required (Review Lot Lot (Height Parking SPECIAL US REGULATIO (Process Size Fron ;side (each IRea Coverage of Structure Spaces (REGULATIONS AND E NS t ;I it (NOTES � b Community Process I Non 0 ft. Oft. 0 No max. lot 35 ft. Determine 1. Fertilizer, gardens, urban for e ft. coverage is above d on a pesticides, and other farms, and farm communi ed. average case -by- chemicals used must 9 Coo"` estab�los stands ty no note �`" T#e building case basis be typical of that gardens, buildable elevatio intended for growing urban will n edibles in populated aFea -be Cottage food farms, ,yea areas. operations and farm by -ether 2. Only mechanical stands s4e equipment designed develepme for use in populated None for Pit urban areas may be cottage Fequ+remee used. food is 3. For provisions that operation relate to on -site sales s of plants and food products produced on site see Chapter 19.262 FWRC 4. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property. 5. Refer to Chapter 19.125 FWRC , Outdoors, Yards, and Landscaping, for appropriate requirements. a. Community garden/urban farm Ordinance No. 23- Page 138 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZdNE Required C�_( Required Yards !Required Review Lot Lot Height !Parking SPECIAL US REGULATIO Process Size IFron Side (each Rea Coverage of Structure Spaces REGULATIONS AND E NS t r NOTES b planting areas, including raised beds, may be located within required yards and perimeter landscaping areas when the intent of Chapter 19.125 FWRC is met. b. This use is exempt from the requirements of FWRC 19.125.060 exc ept in cases where the director may find that landscaping prescribed under this section is necessary related to some component of the use other than planting areas. 6. For provisions that relate to keeping of animals, see Chapter 19.260 FWRC 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC 8. See Chapter 19.262 FWRC for full range of development regulations applicable to urban agriculture. If Ordinance No. 23- Page 139 of 147 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required CC_C Yards Required Height Required (Review ILot Lot (Parking US REGULATIO (Process 'Size IFron Side Rea Coverage of 'Spaces E NS t (each r Structure b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Section 33. FWRC 19.230.030 is hereby amended to read as follows: 19.230.030 Entertainment, etc. SPECIAL (REGULATIONS AND NOTES provisions of this use zone chart conflict with provisions of Chapter 19.262 FWRC , the provisions of Chapter 19.262 FWRC shall control. For other information about parking and parking areas, see Chapter 19.130 FWRC For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. The following uses shall be permitted in the city center frame (CC-F) zone subject to the regulations and notes set forth in this section: Ordinance No. 23- Page 140 of 147 USE ZONE CHART ['DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards (Required Height of Required-F (Review Lot Side Structure Parking USE REGULATIONS Process Size !Front (each) Rear Spaces 'SPECIAL REGULATIONS AND b NOTES Retail Process None 0 ft. 0 ft. 0 60 ft. 1 for each 1. The city may, using process III, establishment II ft. above 100 sq. ft. modify required yard, height, providing Possible average of gross landscape and buffer and other See notes 1,2 entertainment, Process and 4 building floor area site design and dimensional recreational or III elevation requirements for a proposed cultural services or Health development that meets the activities See See club: 1 for following criteria: note 1 notes 1 each 100 a. The proposed development Private club or and 4 sq. ft. of will be consistent with the lodge gross adopted comprehensive plan floor area: policies for this zone; and Health club 1 for each b. The proposed development 500 sq. ft. will be consistent with applicable Restaurant or of sport design guidelines; and tavern court and c. The streets, utilities and pool other infrastructure in the area Fast food are adequate to support the restaurant Fast food proposed development. restaurant: 2. No more than a five-foot See note 10 1 for each building setback is allowed 80 sq. ft. adjacent to principal pedestrian of gross right(s)-of-way, as determined floor area by the director, unless: it is precluded by existing site See note improvements, easements, 15 topography, or other site constraints, as determined by the director, or to allow streetscape amenities, public on - site open space, or other architectural element(s) or improvements approved under Chapter 19.115 FWRC. The minimum building setback along all other property lines is the same as the perimeter buffer as required by Chapter 19.125 FWRC. 3. Access to and from drive - through facilities must be approved by the public works Ordinance No. 23- Page 141 of 147 (USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards (Required Required CC-F (Review Lot (Height of Parking USE REGULATIONS (Process Size 'Front Side (each) Rear ;structure Spaces SPECIAL REGULATIONS AND b NOTES department; drive -through facilities must be designed so that vehicles will not block traffic in the street while waiting in line and will not unreasonably interfere with on -site traffic flow. 4. Structures on property that adjoins a residential zone shall be set back a minimum of 20 ft. from the property line adjacent to the residential zone. The height of structures shall not exceed 30 ft. above average building- elevation when located between 20 ft. and 40 ft. from the adjacent residentially zoned property line, and shall not exceed 40 ft. above average building elevation when located between 40 ft. and 100 ft. from such property line. 5. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 6. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 7. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 8. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 9. Refer to Chapter 19.265 FWRC to determine what other Ordinance No. 23- Page 142 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZBNE Required (Height of Required-F Review (Lot Parking Side 'Structure aces S Process 'Size Front Rear p 'SPECIAL REGULATIONS AND USE REGULATIONS (each) NOTES 4 b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. 1 19.230.030 Entertainment, etc. (Continued) provisions of this title may apply to the subject -property. 10. Gambling uses are not permitted as principal or accessory uses in this zone as of February 7, 2006. Any such preexisting use shall not resume activity if said use ceased for the consecutive 12-month period immediately preceding February 7, 2006. Any such use existing on February 7, 2006, shall be discontinued at such time as the use ceases for any consecutive 12-month period. (Continued on next page) For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23- Page 143 of 147 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Zi3NE Required Height Required C�—F Review Lot of Parking Process SizeFront Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES IR b 11. Spas and water parks are galy permitted when accessory to hotels, health clubs and similar uses. peFFnitted as a pfincipai use in this Hetelr health clubs and sirmla uses Fnay rlHele aeeesseFy.." .,roc.c exeeeding 2,000 _sq.. ft. in size_ 12. Single -story buildings may not exceed a total ground floor area of 16,000 gross sq. ft. unless approved under the provisions of FWRC 19.110.080, or approved by the director for minor additions such as entry structures, lobbies, seating or dining areas, bay windows, and similar features; provided, that such addition(s) shall not exceed 1,000 sq. ft. per building in any one consecutive 12- month period. 13. No more than 16,000 sq. ft. of new single -story construction may occur on a subject property, excluding increases approved under the provisions of FWRC 19.110.080 and minor additions approved by the director under note 12. 14. Multiple -story buildings are not subject to notes 12 and 13; provided, that each floor contains at least 75 percent of the gross sq. ft. of the floor below it and contains a principal use(s) permitted in this zone. 15. Required parking may be reduced under the provisions of FWRC 19.130.020(3)(a), (b), (c) and (d). Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Ordinance No. 23- Page 144 of 147 USE ZONE CHART DIRECTIONS: FIRST, read down to find use _ . _ THEN, across for REGULATIONS Minimums Required Yards ZUNE Required Height Required C�_F Review Lot of Parking Process Size Front Side Rear 5tru[ture Spa[es USE REGULATIONS {each) SPECIAL REGULATIONS AND NOTES b Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et-seq. Section 34. Chapter 19.245 of the Federal Way Revised Code is hereby amended to add a new section 19.245.020 to read as follows: 19.245.020 Downtown architectural overlay. (l) Applicability. Properties within the downtown architectural overlay are illustrated on the City of Federal Way Zoning Map. (2) Architecture. Buildings and structures on properties within the downtown architectural overlay are subject to the specific design guidelines in FWRC 19.115.090(51 Section 35. Chapter 19.110 of the Federal Way Revised Code is hereby amended to add a new section 19.110.025 to read as follows: 19.110.025 Floor area ratio and units per acre requirements in the city center core. (1) Generaljv. Many developments in the city center core (CC-C) are required to comply with either FAR or units per acre of developable site area minimum and maximums, as provided in the use tables for the zone. In general, FAR minimums and maximums gpplv when the project is non- residential, and units per acre of developable site area minimums and maximums apply when the project is residential. Ordinance No. 23- Page 145 of 147 (2Lpplication o�floor area ratio and units per acre to projects with both residential and non- residential uses. For projects where the subject property will contain both residential and non- residential uses and/or where there are mixed -use buildings, FAR or units per acre of developable site area requirements shall be applied based on the principal use of each parcel within the subject ai:oj2erty. For exam le if a project contains two parcels, one with a principal use of residential and one with a principal use that is non-residential. the parcel with a principal use of residential must comply with unit per acre of developable site area minimums and maximums based on the size of the residential parcel. The non-residential parcel must comply with FAR minimums and maximums based on the size of the non-residential parcel. If a parcel contains both residential and non-residential uses and/or mixed -use buildings in such a combination that it is not readily identifiable whether the principal use of the property is residential or note -residential as determined by the director, the parcel must comply with FAR minimums and maximums based on the size of the parcel, and need not comply with unit per acre of developable site area minimums and maximums_ Section 36. FWRC 19.130.150 is hereby repealed in its entirety. Section 37. 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 38. 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 146 of 147 scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 39. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 40. 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 . 2023. 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 147 of 147 9C COUNCIL MEETING DATE: November 21, 2023 ITEM #:-�- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: AMENDMENT TO WILD WAVES CONCOMITANT DEVELOPMENT AGREEMENT POLICY QUESTION: Should the City approve the proposed amendments to the Wild Waves Concomitant Development Agreement? COMMITTEE: Land Use & Transportation MEETING DATE: November 6, 2023 CATEGORY: ❑ Consent ® Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven, AICP, CEcD DEPT: Community Development Attachments: 1. Staff Report 2. Ordinance 3. Draft Development Agreement Amendment Options Considered: 1. Adopt the proposed ordinance. 2. Modify and adopt the proposed ordinance. 3. Deny the application and direct staff to prepare an implementing resolution. MAYOR'S RECOMMENDNTION: Option 1. MAYOR APPROVAL: COMMITTEE Initial InitiaVDate DIRECTOR APPROVAL: �p 10.27.23 Initial/Date EMENDATION: I move to forward the proposed ordinance to First Reading and public 21, 2023. Chair COUNCIL MOTION(S): Committee Member Committ e Member FIRST READING OF ORDINANCE (11/21/23): "1 move to forward the proposed ordinance to the December 5, 2023, Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (12/5/23): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # vJ ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # j CITY OF FEDERAL WAY MEMORANDUM DATE: November 6, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, Community Development Director Stacey Welsh, Principal Planner SUBJECT: Ordinance: Amendment to Wild Waves Concomitant Development Agreement Financial Impacts: There are no unanticipated financial impacts incurred for executing the Development Agreement amendment for the Enchanted Parks property commonly known as Wild Waves. The applicant paid permitting fees for the Development Agreement amendment. Future site development and/or redevelopment, if any, would be required to pay applicable permit fees. Financial impacts upon city sales tax revenue related to site development and/or redevelopment are possible but unknown at this time as there is not a specific project proposed. Background Information: The Enchanted Parks 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 December 5, 2017 (Ordinance 17-840). The agreement was established in 1998 (Ordinance 98-310) and has been subsequently amended, most recently in 2017. The 20-year term of the agreement expires in 2037. EPI Realty Holdings, Inc. has applied for a new amendment and extension to the agreement. On March 21, 2023, the City Council authorized negotiation of a Development Agreement amendment for Wild Waves. Proposed Development Agreement Amendments and Analysis: The sections of the agreement proposed for amendment are as follows: 1. Section 4.1 Hours of Operation. Existing language establishes hours of operation for the Parks property as 9:30 a.m. to 10:00 p.m., seven days a week and not exceeding 15 times a year for special events until 1:00 a.m. The amendment requests for the hours of operation limitation to apply only to the Regional Commercial Recreation Facility uses and not other allowed uses on the property. Rev. 7/18 Staff Analysis: The revised language states that the hours of operation limitations would apply only to the property's entertainment and recreational uses. Other allowed uses (hotel, restaurants, logistics enterprise) would not be limited in their hours of operations but would be subject to the citywide noise regulations and its associated hours. 2. Section 4.3 Traffic. Existing language addresses traffic generated by existing uses and activities. The amendment adds language to clarify that applications for future Non -Regional Commercial Recreational Facility uses or development shall be subject to SEPA, transportation impact fees, and concurrency management processes consistent with City codes at that time, and shall prepare a traffic study and mitigate all impacts not mitigated in the SEPA Baseline to the satisfaction of the City's Public Works Director. Staff Analysis: The revised language provides clarity and addresses non -theme park uses. 3. Section 6 Mitigation and Impact Fees. The existing language addresses mitigation and impact fees pertaining to existing uses and activities. The amendment adds language to clarify that applications for future Non -Regional Commercial Recreational Facility uses or development shall be subject to SEPA, transportation impact fees, and concurrency management processes consistent with City codes at that time, and shall prepare a traffic study and mitigate all impacts not mitigated in the SEPA Baseline to the satisfaction of the City's Public Works Director. Staff Analysis: The revised language provides clarity and addresses non -theme park uses. 4. Section 11.6 Term of Agreement. The existing agreement is in effect for 20 years until 2037 (2017+20=2037). The amendment request is to restart and extend the term another 30 years to 2053 (2023+30=2053). Staff Analysis: The requested 30-year term is desired by the applicant in order to support the level of planning, permitting, -and capital investment in order to improve the park. Given the impact of the global pandemic and its effect on the economy, this is a reasonable timeframe. 5. Exhibit C (Office Park Zone (OP-4) Development Regulations) Section 3. Uses Permitted). The existing agreement lists hotel as an allowed uses subject to being on a parcel not to exceed five (5) acres. The proposed amendment would remove the acreage limitation. Staff Analysis: Removal of the limitation would allow expansion of hotel use on the property from five (5) acres to the entire developable portion of the site. An acreage limitation of five (5) acres is atypical for that type of use and the market Rev. 7/18 will limit the amount of the site that is viable for a future hotel or hotels. Any traffic and other impacts stemming from such a use would be evaluated at the time of project permit submittal. 6. Exhibit C (Office Park Zone (OP-4) Development Regulations) Section 3. Uses Permitted). The existing agreement allows warehousing and distributing as accessory uses provided they do not exceed twenty-five percent (25%) of the permitted use. The proposed amendment would allow warehousing and distributing as a primary use on the site and remove the existing percentage limitation. Staff Analysis: The amendment would expand the limited accessory warehousing and distribution use potential for the site to allow warehousing and distributing as a primary use on the entirety of the site. This is a significant departure from the current agreement limitations. For reference, accessory use, as it is defined in the Federal Way Revised Code, means a use which is subordinate and incidental to the principal use on the subject property, and supports the principal use without displacing or dominating it. The result of this modification, if approved, would allow the entire property to convert to warehousing and distribution facilities at any time during the next 30 years. 7. Exhibit C (Office Park Zone (OP-4) Development Regulations) Section 4. General Development Standards and Review Procedures). The existing agreement specifies site plan and landscape plan requirements for proposed new development. The proposed amendment would require additional site plan and landscaping plan detail to be provided for non -theme park uses. Staff Analysis: The amendment is appropriate to facilitate future project plan review. Procedural SunimarN : The procedure for adopting this amendment ordinance is shown below: Issue SEPA Determination 10/6/23 14-Day SEPA Comment Period Ends (comments are attached) 10/20/23 LUTC 11 /6/23 Notice of City Council Public Hearing 11/3/23 21-Day SEPA Appeal Period Ends 11/10/23 City Council Public Hearing, 1 st Reading 11/21/23 City Council 2nd Reading, possible Action 12/5/23 Notice of Final Decision After Council action Rev. 7/18 Decision Criteria: FWRC 19.85.120 provides factors to be considered in review of a development agreement. The city may consider, but is not limited to, the following factors when considering a development agreement: 1. Compatibility with and impact on adjacent land uses and surrounding neighborhoods; Staff Analysis: The amendment does not expand the size of the park or allow any new land uses. Hotel and warehousing and distributing uses are allowed land uses, and proposed agreement amendments would allow them to occupy the entirety of the site and operate year round, which could be more impactful to surrounding land uses and neighborhoods as the current theme park use is only operated seasonally. Additional review will be conducted with project applications and impacts will be sought to be mitigated. 2. Adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; Staff Analysis: Continuation of the theme park use is not anticipated to have additional impacts on community facilities. If the theme park use were to cease it would have an impact on commercial recreational opportunities in the community. Changing the use of the site to other allowed use(s), such as hotel and/or warehousing and distributing could have impacts on community facilities and roadways. Impacts of project specific development would be evaluated at the time when and if a project is proposed. 3. Potential benefits of the proposal to the community; Staff Analysis: The theme park provides a benefit with recreation/entertainment opportunities and provides jobs in the community. The theme park also serves as a regional destination bringing tourists to the City. Other allowed uses, if increased in presence and scope on the site, could provide benefits such as lodging and employment opportunities. 4. Effect upon other aspects of the comprehensive plan. Staff Analysis: The amendment is consistent with the Economic Development Chapter of the Comprehensive Plan, including the goals listed below. • EDG2 Help attract, expand, and retain businesses, jobs, and investments that provide employment and enhance income opportunities for Federal Way residents. Rev. 7/18 s EDG9 Encourage and support the development of recreational and cultural facilities and/or events that will bring additional visitors to Federal Way, and increase visitor spending. Options for Decision: Consistent with the provisions of FWRC 19.85.150 the City Council may take the following actions after conducting the public hearing: 1. Grant the application as proposed by adopting an ordinance. 2. Modify and grant the application by adopting an ordinance. 3. Deny the application. The city council shall give effect to a denial by adopting a resolution. Rev. 7/18 Stacey Welsh From: Daniel Struthers <dan.struthers@gmail.com> Sent: Monday, October 9, 2023 2:26 PM To: Ping Inquiry Cc: Nancy Struthers Subject: Comment on 23-102471-SE (Wild Waves change of use agreement) [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. To whom it may concern, As a resident of the Brittany Lane/Regency Woods directly behind Wild Waves, I have some concern that if this proposal is accepted and a distribution center is allowed to be built on the site that the north side of S 369th St between Milton Rd S and 19th Way S will become an all-night parking lot for trucks waiting to unload. We have had problems in the past with homeless persons and truck drivers parking their vehicles on S 369th St and running their engines at all hours of the night, disturbing our sleep. It would go a long way toward mitigating that issue if S 369th St was deemed residential parking (or had an outright ban on overnight parking). Another option would be to close S 369th St to all cross traffic (making Brittany Lane effectively a gated community). That would help whether or not Wild Waves renews its lease. We are also concerned with an increase in year-round traffic in the area, which is already pretty bad during the time Wild Waves is open, if a Hotel or distribution center were to go in at the site. Traffic is already fairly heavy and loud, but at least it calms down a little in the fall, winter and spring months. Also, a distribution center would likely elevate the site noise level to an all -year-round issue as well. Do you have any idea how likely it is that Wild Waves will renew their lease? We have heard that their lease is up next year, so it is very concerning for all homeowners in this development. Thank you for your attention. Regards, Daniel Struthers 36906 17th Ave S, Federal Way +1206.355.4445 (mobile) da n.struthers@gmail.com Stacey Welsh From: Croston, Heather <HCroston@cityoftacoma.org> Sent: Tuesday, October 10, 2023 3:16 PM To: Stacey Welsh Subject: FW: Notice of Determination of Non Significance [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. Tacoma Water is not the purveyor for this address. Please contact Lakehaven Water & Sewer District k*Healkl th ndividual System View - LAKEHAVEN WATER AND SEWER DISTRICT - ',eater System Id - 41997 Compliance Actions General Information Source Informa Group A Type County Owner Name Primary Contact Primary Contact Phone Water System Mailing Address Community KING LAKEHAVEN 1&':=.TER AND SEWER DISTRICT Timothy Osborne (253) 946-5410 FEDERAL WAY, WA 98063 From: Samantha Homan <Samantha.Homan@cityoffederalway.com> Sent: Thursday, October 5, 2023 9:33 AM Cc: Stacey Welsh <Stacey.Welsh@cityoffederalway.com> Subject: Notice of Determination of Non Significance Good Afternoon, The City has issued a SEPA Mitigated Determination of Nonsignificance-Wild Waves Development Agreement; see attached letter. i Please contact Principal Planner Stacey Welsh at Stacey,weish g-tyaffederalway,com or at 253-835-2634, or if you have any questions or concerns regarding the decision. Samantha Homan Office Manager Community Development 1ecderalWay 33325 8th Ave South Federal Way, WA 98003 (253) 835-2601 Stacey Welsh From: Nancy Struthers <nzapatab@hotmail.com> Sent: Friday, October 20, 2023 12:54 PM To: Ping Inquiry Subject: Wild Waves Proposal Use [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, My name is Nancy Zapata. I'm a resident of the Brittany Lane/Regency Woods. I completely disagree to use ocated into a distribution center and/or a hotel. It will cause a lot of noises, more traffic all year around, crime and overnight parking. Regards, Nancy Zapata -Struthers 206-595-7188 36906 17th Ave S, Federal Way Stacey Welsh From: Carol Bell <caroldbell@yahoo.com> Sent: Friday, October 20, 2023 2:29 PM To: Stacey Welsh; Ping Inquiry Cc: Chuck Bell Subject: Wild Waves Development Agreement File No. 23-102471-SE [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. Stacey Welsh, Principal Planner & Department of Community Development, Hello! I'm contacting you today in regards to the proposed amendment to the development agreement for Wild Waves (WW). My concerns include opening up the entirety of the WW property to warehousing/disbursement as primary use for the property along with hotel use with little to no exceptions. Expanding hours of operation parameters would be a concern to neighbors and neighboring properties especially if/when Warehousing or hotel is added to property. This amendment appears to be opening the doors to Warehousing. This is not the direction to take the use of this property in Federal Way. The related documents mention other reviews as projects are suggested to be implemented. I'm concerned this amendment would be used to override those investigations and the communities surrounding the property. Being a neighbor of WW for over 25 years my household along with other neighbors would like to see the current WW agreement stand with the exception of removing old rides as requested and replacing with new as needed. The current five acre hotel use allowance seems sufficient for the final fifteen years left on the current agreement not the entirety of the 60+ acres. I've seen no environmental impact mentioned to the Hylebos creek that runs adjacent to the property along 19th Way S. Could you provide information in regards to that and the environmental impact. Also, coyotes and bald eagles need to be added to animals that are found on the property. In attachment 2, document 22-104290-00-AG by transpogroup for trip generation based on ITE trip generation manual edition 8th edition from 2002-2003 mentions addressing multiple uses on the property at the same time using the calculations from that time. Since this information is based on a resource twenty years old please explain how the trip information is accurate for now and future use. Living in this area the traffic congestion is already a concern. Additional housing was added to the area in the last two decades and added to congestion. In summary, as a neighbor of wild waves, I'm against this amendment, allowing for the property to be used for a future hotel expansion and warehousing and warehouse distribution. The current development agreement seems sufficient, except as stated above. Thank you for considering the concerns of the community and the development of this property. would appreciate a reply. Carol D Bell 1970 S 368th PI Federal Way, WA 98003 253-815-1378 Stacey Welsh From: Diane Criscione <diane@cbenson.com> Sent: Friday, October 20, 2023 3:22 PM To: Ping Inquiry Subject: File NO. 23-102471-SE [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 Afternoon, This is in response to a letter concerning the hotel/warehouse/distribution project on the Wild Waves property. I am an owner of property near 19th Way South. I have been a resident of Federal Way for 33 years. I have worked in downtown Federal Way for 35 years. I doubt that anything I put in this email will make any difference in what is about to happen to my neighborhood, however, I feel that it is important to express my option. I am very concerned about the hotel/warehouse/distribution project that is going up near my home. There have been so many changes in Federal Way over the past 10 years. Many of my friends and family have moved and thankfully my children have moved on. Because I work in Federal Way, it has been my choice to stay. I have worked for the same attorney's office for 26 years. I have been okay with ignoring the changes in the city but now, it is happening, literally, in my front yard. It is a residual area where people can walk their dogs and be outside with our grandchildren, free of crime and homelessness, at least from our view. We rarely see a patrol car in our neighborhood. The residents in this community have ignored Wild Waves because there is a specific window of traffic and noise and crime. Wild Waves is aware of these issues and has granted our community free tickets for years, acknowledging the problems. I truly was excited about having light rail in Federal Way. I also thought this would bring in some shopping, restaurants, etc. Smith Brothers Dairy, Papke Trucking and whatever that cement mess is near Weyerhaeuser are not going to enhance my life. Federal Way is becoming an industrial stop off of the freeway. I have been questioning the decision making from our leaders in Federal Way for several years now but was able to ignore it because I could leave downtown Federal Way and go home to a quiet community. I am very concerned about the leadership of this city. I have not paid enough attention and that is on me. Again, I am not in a position to move at this time, but hopefully my vote and my voice will matter in the future Thank you, Diane Criscione ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to amending the Enchanted Parks, Inc. Concomitant Development Agreement (Amending Ordinance Nos. 98-310 and 17-840). WHEREAS, on March 3, 1998, Ordinance 98-310 adopted a Concomitant and Development Agreement ("Agreement") between the City of Federal Way ("City") and Enchanted Parks, Inc. ("Enchanted Park"), which specified the development parameters, mitigation and other special requirements for property located at 36201 Enchanted Pkwy S, Federal Way (the "Park"); and WHEREAS, on June 30, 2000, a first amendment to the Agreement was approved by the City and Enchanted Park; and WHEREAS, on January 17, 2002, a second amendment to the Agreement was approved by the City and Enchanted Park; and WHEREAS, on December 5, 2017, a third amendment to the Agreement was approved by the City and Enchanted Park; and WHEREAS, the current twenty (20) year term of the Agreement expires on December 13, 2037; and WHEREAS, on September 19, 2022, EPI Realty Holdings, Inc., the current owner of the Park, submitted to the. City an application to amend and extend the Agreement; and WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the proposal on October 6, 2023, and five (5) comments and no appeals were received, and accordingly the DNS was finalized on November 10, 2023; and Ordinance No. 23- Page I of 15 WHEREAS, Federal Way Revised Code 19.95.200 states the City will process and decide upon an application for an amendment to a development agreement as if it were an application for a new development agreement; and WHEREAS, Federal Way Revised Code 19.85.185 states the City Council shall consider the application for approval of the development agreement in a public hearing; and WHEREAS, a properly noticed public hearing was held on November 21, 2023 by City Council, for the purpose of obtaining input from interested parties. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. The City Council of the City of Federal Way makes the following findings and conclusions with respect to the proposed amendment to the Agreement as attached in Exhibit A: (a) The amendment does not expand the size of the park or allow any new land uses. Hotel and warehousing and distributing uses are allowed land uses, and proposed agreement amendments would allow them to occupy the entirety of the site and operate year-round, which could be more impactful to surrounding land uses and neighborhoods as the current theme park use is only operated seasonally. Additional review will be conducted with project applications and impacts will be sought to be mitigated. (b) The proposed amendment to the Agreement involving continuation of the theme park use is not anticipated to have additional impacts on community facilities. If the theme park use were to cease it would have an impact on commercial recreational opportunities in the community. Changing the use of the site to other allowed use(s), such as hotel and/or Ordinance No. 23- Page 2 of 15 warehousing and distributing could have impacts on community facilities and roadways. Impacts of project specific development would be evaluated at the time when and if a project is proposed. (c) The theme park provides a benefit with recreation/entertainment opportunities and provides jobs in the community. The theme park also serves as a regional destination bringing tourists to the City. Other allowed uses, if increased in presence and scope on the site, could provide lodging and employment opportunities. (d) The proposed amendments are consistent with the Economic Development Chapter of the Comprehensive Plan, including the goals listed below. EDG2 Help attract, expand, and retain businesses, jobs, and investments that provide employment and enhance income opportunities for Federal Way residents. EDG9 Encourage and support the development of recreational and cultural facilities and/or events that will bring additional visitors to Federal Way, and increase visitor spending. (e) The proposed amendments to the Agreement have followed the proper procedure required under the FWRC. Section 2. The Amended Concomitant Development Agreement between the City of Federal Way and EPI Realty Holdings, Inc. is approved as attached hereto as Exhibit A, and incorporated by this reference. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or Ordinance No. 23- Page 3 of 15 more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective 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 . 2023. [signatures to follow] Ordinance No. 23- Page 4 of 15 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. 23- Page 5 of 15 FOURTH AMENDMENT TO CONCOMITANT DEVELOPMENT AGREEMENT Enchanted Park THIS FOURTH AMENDMENT is made and entered into this day of by and between the CITY OF FEDERAL WAY, a non -charter optional municipal code city organized and existing under the laws of the State of Washington (the "City" or "Federal Way"), and EPI REALTY HOLDINGS, INC., a Washington corporation (`BPI"). RECITALS A. The Enchanted Parks Property is owned by Jeffrey W. Stock descendants trust and Leanne M. Stock descendants trust under the entity of EPI Realty Holdings, Inc., and leased to EPR Properties for park operations. B. The Property is situated in the City of Federal Way, Washington, and is more particularly described in Attachment A attached hereto and incorporated herein by this reference (the "Property" or "Enchanted Parks"). The Property is subject to zoning and use provisions and development standards of the Concomitant Development Agreement between the City of Federal Way and Enchanted Parks, Inc., dated January 30, 1998, as amended by first amendment dated June 30, 2000, second amendment dated January 17, 2002 and third amendment dated December 5, 2017 ("2017 CZA" or "Concomitant Development Agreement"). C. The parties desire to extend the term of the Concomitant Development Agreement, amend Exhibit C — "Office Park Zone (OP-4) Development Regulations" to provide additional flexibility within the future uses allowed, specify hours of operation parameters for the Regional Commercial Recreation Facility use, and clarify application of traffic mitigation to future potential Non -Regional Commercial Recreation Facility uses. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Fourth Amendment, the parties hereby covenant and agree as follows: AGREEMENTS 1. Section 4.1 Hours of Operation shall be amended as follows: 4.1 Hours of Operation. The normal hours of operation for the Regional Commercial Recreational Facility uses on Enchanted Parks Property shall be permitted from 9:30 a.m. to 10:00 p.m., seven days a week; provided that Enchanted Parks may, from time to time, but not exceeding 15 times per year, maintain operations later than 10:00 p.m. for special events, such as high school graduation parties. In addition, operations of facilities on the Northern portion of the property (as depicted by a dividing line on EXHIBIT J) shall be permitted until 1: 00 a.m. No outdoor music audible to any residential areas shall be allowed after 10:00 p.m. Enchanted Parks shall fully comply with the City Noise Ordinance, glare and lighting requirements; and shall modify, if directed by the Director of Community Development, noise and lighting to minimize any impacts to the developed adjacent residential areas. Error! Unknown document property name. ND: 15361.018 4881-7477-5946v2 Ordinance No. 23- Page 6 of 15 2. Section 4.3 Traffic shall be amended as follows: 4.3 Traffic. As of the date of this Amended Agreement, the parties agree that the traffic generated by the existing uses and activities on the Enchanted Park Property has been mitigated up to the attendance and trip levels set forth in Table 1 below (the "SEPA Baseline"), which were established using EXHIBIT K-2 (REVISED 2003 Traffic Assessment for Wooden Roller Coaster (Sept. 4, 2002)), attached hereto and incorporated herein. The traffic generated by the Enchanted Park Property for any future Regional Commercial Recreational Facility Replacement or Expansion project (hereafter "Expanded Ride Capacity") that requires land use approval or a building/engineering permit shall be calculated using the Methodology of Exhibit K-2 and a 2.5 occupant -to -vehicle ratio. In the review of any future Expanded Ride Capacity Project on the Property, the City shall recognize the methodology used to derive new trips as specified in the traffic report, EXHIBIT K-2, and an occupant -to -vehicle ratio of 2.5 for such uses, consistent with the traffic report, EXHIBIT K-2. Other methods may be used to calculate traffic generation by Enchanted Park as approved by the City. Enchanted Park shall provide a trip generation study consistent with the methodology in EXHIBIT K-2 for all future Expanded Ride Capacity Projects on the property and shall be subject to concurrency management program requirements of Chapter 19.90 FWRC if such Expansion Project generates new trips in the PM Peak hour in excess of the SEPA Baseline. Applications for future Non -Regional Commercial Recreational Facility uses or development shall be subject to SEPA, transportation impact fees, and concurrency management processes consistent with City codes at that time and shall prepare a traffic study and mitigate all impacts not mitigated in the SEPA Baseline to the satisfaction of the City's Public Works Director pursuant to City codes and applicable City QgMprehensiye Plan policies. Section 6 Mitigation and Impact Fees shall be amended as follows: 6. Mitigation and Impact Fees. Except as otherwise provided for in this Amended Agreement, Federal Way shall not impose or attempt to recapture any fees from Enchanted Park or impose other requirements on Enchanted Park to mitigate potential impacts associated with the present Regional Commercial Recreational Facility use of the Enchanted Park Property (including uses authorized under Sections 8.1, 8.2, and 8.3 below), except to the extent that street, sidewalk, or other public improvements may be required under FWRC Section 19.135.030. Enchanted Park shall be entitled to conduct Reizional Commercial Recreational Facili uses and activities throughout the year on the Property that do not exceed the average of 10 highest days trips or peak hour traffic levels identified in Table 1, or another measure from the City's Guidelines for the Preparation of Transportation Impact Analyses, without the need or requirement to pay mitigation or impact fees of any kind; provided that Regional Commercial Recreation Facility uses or development that exceeds such traffic levels in the future shall be subject to transportation impact fees and concurrency management processes consistent with City codes at that time. In the event traffic generated by an Expanded Ride Capacity project exceeds the SEPA Baseline established in section 4.3 and is deemed significant by the City, Enchanted Parks shall prepare a traffic study and mitigate such impacts to the satisfaction of the Error! Unknown documentproperty name. ND: 15361.018 4881-7477-5946v2 Ordinance No. 23- Page 7 of 15 City's Public Works Director pursuant to Chapter 19.135 FWRC and applicable Federal Way Comprehensive Plan policies. Applications for future Non -Regional Commercial- Recreational Facility uses or development shall be subject to SEPA transportation im act fees, and concurrency mans ernent processes consistent with City codes at that time and shall prepare a traffic study and mitigate all impacts not mitigated in the SEPA Baseline to the satisfaction of the City's Public Works Director pursuant to City codes and applicable City Comprehensive Plan policies. 4. Section 11.6 Term of Agreement shall be amended as follows: 11.6 Term of Agreement. This Amended Agreement shall remain in full force and effect for twenty-(28)thirt 30 years from the effective date of this Amended Agreement unless terminated prior to that date by the mutual agreement of the parties or by the City pursuant to Section 13 of this Amended Agreement. 5. Exhibit C to the Concomitant Development Agreement shall be amended as set forth in Attachment B hereto. Error! Unknown document property name. ND: 15361.018 4881-7477-5946v2 Ordinance No. 23- Page 8 of 15 Dated as of the date first written above. EPI REALTY HOLDINGS, INC., a Washington corporation LIZA STATE OF WASHINGTON ) ) ss. COUNTY OF ) Name Title On this day personally appeared before me , to me known to be the of EPI Realty Holding that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN under my hand and official seal this day of , 20 . Error! Unknown documentproperty name. ND: 15361.018 4881-7477-5946v2 Ordinance No. 23- Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires Page 9 of 15 CITY OF FEDERAL WAY, a Washington municipal corporation Name Title STATE OF WASHINGTON ) ) ss. COUNTY OF On this day personally appeared before me , to me known to be the of City of Federal Way that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN under my hand and official seal this day of , 20—. Error! Unknown document property name. ND: 15361.018 4881-7477-5946v2 Ordinance No. 23- Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires Page 10 of 15 ATTACHMENT A [Legal Description of Enchanted Parks Property] Error! Unknown document property name. ND: 15361.018 4881-7477-5946v2 Ordinance No. 23- Page 11 of 15 ATTACHMENT B Exhibit C Office Park Zone (OP-4) Development Regulations 1. PURPOSE AND OBJECTIVES These Office Park Zone (OP-4) development regulations are established to govern the operation and development of a Regional Commercial Recreation Facility and other permitted uses as defined herein, and as described in any Concomitant Development Agreement pursuant to Federal Way City Code (FWCC) 19-104 for property zoned OP-4. 2. APPLICABILITY A. The provisions of this Section will apply to all lands zoned OP-4, which shall be subject to its own unique standards and review processes as set forth herein and in any Concomitant Development Agreement pursuant to Federal Way City Code (FWCC)19-104 for property zoned OP-4. If the provisions relating specifically to the OP-4 Zone conflict with other provisions of City codes or any Concomitant Development Agreement, these OP-4 Zone provisions shall prevail. After the effective date of a Concomitant Development Agreement, any change in FWCC referenced in any Concomitant Development Agreement shalt not be deemed to modify this Zone except as otherwise provided in the Concomitant Development Agreement. B. Reference herein to the "FWCC" shall refer to Chapters 18, 20, 21 and 22 of the Federal Way City Code. Reference herein to the "Director" shall refer to the City's Director of the Department of Community Services or designee. 3. USES PERMITTED A. In addition to the uses allowed in the Office Park Zone of the �x�FWRC, the following principal uses are permitted outright: 1. Regional Commercial Recreational Facility as defined herein; 2. Hote11to exeeed five (5) acres and as regulated by See. 22 757 subject to the height limitations and other standards set forth in these Concomitant Development Agreement and these Development Regulations, and subject to project -level environmental review under SEPA, Title 14 FWRC; 3. Restaurants as regulated by Sec. 22-753 FWCC, except as otherwise set forth in these Development Regulations; 4. Retail establishments that provide entertainment, recreational and cultural services, or activities; and Retail Sales, general and specialty not to exceed an amount of Error! Unknown document property name. ND: 15361.018 4881-7477-5946v2 Ordinance No. 23- Page 12 of 15 square feet of gross floor area on land described in a Concomitant Development Agreement pursuant to Federal Way City Code (FWCC) 19-104; 5. Caretaker residenceq 6. Warehousing and distributing, subject to project -level environmental review under SEPA, Title 14 FWRC. B. Regional Commercial Recreational Facility shall mean a use operated for profit, with private facilities, equipment and/or services, both indoor and outdoor for entertainment and recreational purposes, including large- and small-scale amusement rides, roller coasters, aquatic park facilities, swimming pools, accessory video and movie facilities, petting zoos, and other similar uses. Such a use shall be of a scale or offer unique recreational opportunities so as to provide recreational services of a regional nature. The use of such area may be limited to private membership or may be open to the public upon payment of a fee. C. Accessory Uses. The following accessory uses shall be reviewed using that process associated with the permitted use to which it is attached: >� !—eeMr., ��- .rr •rir��i�rs�in�r��•raa�ets� - 21. Outdoor storage; and -32. Any other use determined by the Director to be compatible with the above accessory or permitted uses pursuant to Section 22 946 of the FWCC. D. Temporary Uses. The following temporary uses may be conducted in this Zone and are exempt from the requirement of Article X, Chapter 22 of the FWCC: Temporary use in this Zone shall include seasonal retail sale of agricultural products such as vegetables, fruit, or flower stands; community festivals; outdoor sales of recreational vehicles; boat shows; or other parking lot sales, provided each temporary use exists for no more than seventy-five (75) days in every three hundred (300) days. 4. GENERAL DEVELOPMENT STANDARDS AND REVIEW PROCEDURES A. Except for Regional Commercial Recreational Facilities, the development standards and review procedures for all uses, except as otherwise set forth in a Concomitant Development Agreement pursuant to Federal Way City Code (FWCC) 19- 104, shall conform with those identified by the corresponding use in the FWCC Office Park Zone as appropriate. In the event a non Regional Commercial Recreational Facility use pennitted in the OP-4 zone is not permitted in the FWCC Office Park Zone, then those development standards and review procedures identified for the specific use in the first zone where the use is allowed, shall apply, except as otherwise set forth in this Agreement; provided, however, that Process II, Article V, Chapter 22, of the FWCC shall be applied to. Error! Unknown document property name. ND:15361.018 4881-7477-5946v2 Ordinance No. 23- Page 13 of 15 all such uses. For Regional Recreational Facilities within the developed area as shown on EXHIBIT J, Chapter 22, of the FWCC. Article IV.A, Process I - Director's Approval, shall be utilized for all such proposed uses. For all other Regional Recreational Facilities, Process II, Article V, Chapter 22 of the FWCC shall govern. B. The height restriction for property zoned OP-4 shall be thirty-five (35) feet unless otherwise established by a Concomitant Development Agreement pursuant to Federal Way City Code (FWCC) 19-104 between the City of Federal Way and the Property Owner. C. Any proposed new development, requiring a development permit, approval of a plan and a landscaping plan, shall submit such plans in compliance with the requirement ofthe FWCC, except as otherwise set forth in a Concomitant Development Agreement pursuant to Federal Way City Code (FWCC) 19-104; 1. The required site plan for any Regional_ Commercial Recreational Facility use shall be limited to the area which would be disturbed by any proposed structure or proposed impervious surface. 2. The boundaries of any required landscape plan for a Regional Commercial Recreational Facility use shall be coterminous with the disturbed area. 5. ENVIRONMENTALLY SENSITIVE AREAS A. Any portion of property zoned OP-4 which is classified as environmentally sensitive pursuant to Chapter 22, Article XIV (environmentally sensitive areas) of the Federal Way City Code, and on which new development is proposed shall comply with the requirements therein, except as provided in subsection B below. B. The provisions of Chapter 22, Article XIV (environmentally sensitive areas) shall not apply: to new development within artificially -created lakes, wetlands, streams, or surface water retention ponds, or their required setbacks or buffers, except that the provisions of Chapter 22, Article XIV shall apply to any development proposed in lakes, wetlands, or streams (or their required setbacks or buffers) created as mitigation for impacts to wetlands, lakes or streams. 6. SIGNS Notwithstanding any requirements in FWCC Section 22-335 or FWCC Section 22- 1601, a Regional Commercial Recreational Facility may have no more than one regional , high profile, freestanding sign as defined in this Section of the OP-4 Zone. Such a sign shall be in lieu of, not in addition to, one of the two high profile signs that might otherwise be allowed under FWCC Section 22-1601 A regional, high profile, freestanding sign shall be allowed only in connection with Regional Commercial Recreational Facility use, and shall be removed at such time when more than fifty percent (50%) of the square footage of the area devoted to such existing uses as shown on EXHIBIT Bare converted to uses other than Regional Commercial Recreational Facility uses. Upon removal of a regional, high - Error! Unknown documentproperty name. ND: 15361.018 4881-7477-5946v2 Ordinance No. 23- Page 14 of 15 profile, freestanding sign, FWCC Section 22-1601 shall regulate high profile signs on the OP-4 Zoned property. A regional, high profile, freestanding sign must be located near to a regional transportation system (such as an interstate highway), must be located at least three hundred (300) feet from any area zoned residential along SR 161 and S. 369th Street, and may be up to seventy-five (75) feet high and up to thirteen hundred (1,300) square feet in area. Error! Unknown documentproperty name. ND: 15361.018 4881-7477-5946v2 Ordinance No. 23- Page 15 of 15 COUNCIL MEETING DATE: November 08, 2023 ITEM #: 9d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 2023-2024 BIENNIAL BUDGET AMENDMENT POLICY QUESTION: Should the City Council approve the 2023-2024 Biennial Budget amendment? COMMITTEE: FEDRAC MEETING DATE: Oct. 24, 2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Groorn Finance Director _ DEPT: Finance Attachments: 1. Staff Report 2. Ordinance 3. Exhibits A - D 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 APPROVAL: DIRECTOR APPROVAL: G,, 10 4-117 COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to a public hearing and first reading on November 8, 2023. PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (NOVEMBER 08, 2023): "I move to forward the proposed ordinance to the November 21, 2023, Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (NOVEMBER 21, 2023): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # [[��l ❑ DENIED First reading ©,,/ TABLED/DEFERRED/NO ACTION Enactment reading lJd MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 112022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 24, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Steve Groom, Finance Director Chase Donnelly, Deputy Finance Director SUBJECT: 2023-2024 Biennial Budget Amendment Background Information: The 2023/2024 Budget was approved and adopted November 15, 2022 and amended June 6, 2023 and September 5, 2023. This is the last proposed budget amendment for the current year and satisfies the requirement of RCW35A.34.130 to update the budget between September 1 and December 31. The amendment includes items council has approved during the year. All departments submit unfunded budget needs through a waiting list review process with the Mayor, City Administrator and Finance Department staff to assure that the needs are prioritized on a citywide basis. Finance has reviewed and updated the biennial budget for all funds to confirm required ending fund balances will be met and recommends approval. All changes are reflected in Exhibit D. Financial Impacts: Based on the actual revenue received in the first nine months, year-end forecasted revenues are updated as shown in the table below. The City is realizing better -than -budgeted revenues in investment income, sales tax, and permits & fees. Positive revenue already recognized in Q 1 and Q2 is subtracted to avoid double -counting. Aug YTD Aug YTD Y/E Act Actual Bud et Estimate Y/E Budget Var Q1 ad' Q2 Ad' Q3 Ad' Investment Revenue 2,428,717 1,200,000 3,797,000 1,800,000 1,997,000 (330,016) (187,242) 1,479,742 Permits & Fees 3,594,528 2,567,588 5,186,948 4,052,070 1,134,878 (529,301) (280,949) 324,628 Utility Taxes* 8,472,775 7,550,917 11,273,027 10,454,019 819,008 (415,627) (253,116) 150,265 Sales Tax 12,015,591 11,232,849 21,042,351 19,886,555 1,155,796 (69,949) (284,297) 801,550 Business Lic Fees 512,567 464,774 730,000 652,900 77,100 - (29,731) 47,369 27,024,178 23,016,128 42,029,326 36,845,544 5,183,782 (1,344,892) (1,035,335) 2,803,555 The most material changes to the proposed budget amendment are items previously approved by council or increased non -discretionary obligations and include: General Fund $417,206 2024 increase to Risk Fund insurance premiums $371,977 Offsetting increase to Permits/Fees revenue and contracted plan review expense $180,000 Municipal Court increase to peer recovery services Rev. 7/18 $135,000 Lakehaven contract increase $150,000 Forensic lab computer funded by seizure funds $120,000 Two (2) parking lot surveillance trailers funded by seizure funds Other Funds $8,000,000 $3,253,669 $1,800,000 $1,000,000 $775,797 $475,000 $467,000 $458,000 $363,000 $250,000 $various Purchase of land for maintenance and operations facility (Capital/Interfund) Interfund loan split with Downtown Redevelopment Fund Additional jail costs due to increased usage (Jail Fund) Reduction of forecasted REET revenue (REET) 2024 increase to Risk Fund insurance premiums Offsetting PAEC new revenue and expenses Cost increase of gasoline, repair and maintenance Health insurance claims increase Offsetting revenue/expense pedestrian crossing grant Reduction to 2024 COPS grant revenue (Fund) Transportation CIP grants and unallocated fund balance There are several carryforward items for 2023 capital spending that have been identified will not be spent in 2023, therefore these provide a current year budget that is more accurately managed. The following tables detail the adjustments to expenditures budgets required for the 2023/2024 Biennial Budget: Rev. 7/18 :Adjushiient:s to General Fund Fund Description of Expenditure/ IntedundTransfer 2023$ 2024$ Fundedo 001Genera I New Position• CD Code Compliance Supervisor $ 44,490 $ 138,128 Utility tax/SalesTax/ Interest/Perm it Fees 001General Permit and plan review services increase 371,997 • Kermit fees 001General MLK Event Staffing and Supplies 6,500 Utility tax/SalesTax/Interest/Permit Fees 001General Roger freeman Award 2,000 Utility tax/SalesTax/Interest/Permit Fees 001General Municipal Court Peer Recovery Services 180,000 • Grant 001General City Prosecutor Position Adjustment 13,800 13,800 Utility tax/SalesTax/Interest/Permit Fees 001General ARPA-0 Court Carry forward (32,9641 32,964 ARPA 001General ARPA• Prosecutor Software Carry Forward 168,85211 68,852 ARPA 001General ARPA- Darktrace Carry forward (60,000)1 60,000 ARPA 001General LakeHaven ContradIncrease 135,000 • Utility tax/SalesTax/Interest/Permit Fees 001General Increased cost for Risk Fund Insurance Premiums 417,206 Utility tax/SalesTax/Interest/Permit fees 001General Seizure fund Trailer Ucensing and Sales Tax 12,000 State Seizure Fund 001General PDSIUVehicle 40,000 State Seizure fund 001General 12 surveillance Trailers 120,000 State Seizure Fund 001General Forensic Laboratory Computer 150,000 State Seizure fund 001General KC Youth and Amateur Sports Grant •Expendutures 25,000 Grant 001General Promote Parks Maintenance Worker Itolll 7,416 Utilitytax]SalesTax/Interest/Permit Fees 001General iFW Revised Code editorial and legal review 13,S00 I Utility tax/Sales Tax/Interest/Permit fees 001General 'Transfer Out to Jail Fund 1,800,000 Utility tax/SalesTax/Interest/Permit Fees 001General 'Transfer Out to Street Fund 20,000 Utility tax/SalesTax/Interest/Permit Fees 001General Transfer Out to Debt Service Fund 15,000 Utility tax/SalesTax/Interest/Permit fees 001General Transfer Out to Unemployment fund 162,964 (Utility tax/SalesTax/Interest/Permit fees 001General 'TransferOut toCommunity Development Block Grant Fund 15,000 Utility tax/SalesTax/Interest/Permit Fees rota) $ 2,956,935 1 $ 746,0 Rev. 7/18 Adiustments to Non -General Funds Fund Description ofExpenditure/ InterfundTransfer 2f123$ 2024f Funded by 101 Street Fund Slde*pal k Mi rijenaace flespopWbiilty Translation and Wing $ 20,000 $ TrdirsferinfMmGenera[ Fund 103 Utility Tax Fund Decrease Transfer Out to UtilityTax Proposition 1 Fund (260,6581 Utility Tax 103 Utility Tax Fund Transfer Out to General Fund 262,815 Utility Tax 10401cirdable &Supportive HOLWS Fund Housing Capital Fund 1406Contribution Increase 9,000 Affordable & Supportive Housing Tax 106 Solid Waste/Recycling Fund New Position- Limited term Water Quality Specialist 3,599 21,597 Grant 10fiSol clWantel"cling Fund ImerstateRamp G Clean Up 10,0001 50,0001 Grant 1075 ecialContractsStudiesFund Government Access Channel AV Up rade-Carry Forward (400,000) 400,000 PEG Fees 109FtotellW 41Lo n Tax Fund Lad in Tax Expenditure Increase For A550LDues,and Grants to envies 85,000 ILod in Tax 111Community Center Fund TemporMHelp 180,000 - IFWCC Fund Balance 112Traffic SaletyFund NewPosition- PWSfTrafficEngineer 25,000 150,000 'Red Li htPhoto Fees 113 Real Estate Excise Tax Fund DeveMeREETtransfer outtoTransp0114000FProecu (1,000,0001 REET 115 Performi ngArts & Eve nt Ce nte r Fu n d PAK- Increasetoservicessu plies, andsal aries 475,000 PAEC Ti cketi ng sal es, The atre re ntal 115 Performing Arts & Event Center Fund PAEC- HVACRe airs Services 25,000 PAECTiicketin sales, Theatre rental 119ComrnunityDevelopmentBlock Grant Fund !Interest for lnterfundLoan 15,000 Transfer infrom General Fund 120Paths &Trails Fund 'Transfer out to504Fund for additional vehicle for Parks employee 35.000 I(C Levy Paths&Trails 121Technology Fund IVRUpgrade forAMANDA7-Carry Forward 125,000) 25,000 •Technolo yfees 121Technology Fund AMANDA7Uli ade-Carryforward 150,0001 150,000 Techrolm fees 1222allServicefund Jail Cztlnr-rease 1,800,000 Transfer in from General Fund MDebt5tMoFund Debt servicing costs 15,000 Transfer in from General Fund 301Downtown Redevelopment Fund 'Transfer to3061nterfundLoan) 3,25E,669 -Local Infrastructure Financing Tool 303 Parks CIP Fund IHCP Grant Expenditure 104,000 Grant 303 Parks CIP Fund IHVACUpgrades atCityHall,CommunityCenterandPAEC 130,000 Mitigation impact Fee 303 Parks CIP Fund Major Writiewce of Parks 100,000 Mitigation Impact Fee 304 Surface Water Ma emenlCIP Fund 2018Storm Drain CCTV Inspection and Assessment 50,000 I Surface Water Management Fees 1SWM) 306Transportatfors CIP Fund Joint Operations and Maintenance Facility Property Acquisition 5,000.0001 3,000,0001nterfundLoan 306 Transportation CIP Fund 47th Ave SW & SW Dash Point Ad Compact 100,000 306CIPUnallocated 306Trans ortationClPFund SR SW SW312thSire et•215t 190,000 306CIPUnallocated 306 Transportation CIP Fund Oty CenterAecessProect•Phasel•SBflemps 50Q000 8,000,000 Grant 3067ram rtationCIPFund SW344thand 27thAve SWCom act Roundabout 167,500 Grant 306Tra rtationCIPFund 288thRoad Diet - Added Overlay and BusStops 641,429 Services and Char es 306 Transportation CIP Fund 28thAve and 308thLane Frontage lmprovements 1,800,000 SWM and TrafficlmpactFee 306Tran5ortationCIPFund Citywide PedestNn CrossiImprovements 363,0001 Grant 4015urface Water Management Fund Drum Mulcher for Skid Loader 60.000 Surface WaterMana ement Fees (SWM) Transfer out to Surface Water Management CI P Project 2018 Storm Drain CCTV 4015urlace Water Ma ement Fund Inspection and Assessment 50,000 Surface Water Mana ement Fees (SWM) 401SurfaceWater Management Fund NewPosition-Limited term Water Quality allst 14,399 86,391 Grant 401Surface WaterW ementFund Transferoutto305CIPPrejett7&kAve and 308thtaneFrontage Improvements 900.000 Surface Water Management Fees (SWM) Transfer out to 504 Fleet &Equipment for Surface Water Utility SawTrailer 401SurfaceWaterMan emenlFund Replacement 50.000 Surface Water Mana ementFees (SWM) 402 Dumas Bay Centre Fund Cateri Services Increase 100,000 DBC Rental Fee 501Risk Management Fund insurance Premium Increase 775,797 Transfer in from General Fund S02 I nformation Technol ogyFund CilyVldePCs and LaplopsFleplaoemenl 130,000 IT Fund Balance 5021nformaticnTedno!o Fund Core ServerClusterReplacement •CavyForward (72,500) 72,500ITFund Balance 5021nformationTechnolo Fund NVR Se rve r I FIKC & PAEQ - Cairry Forward (32,000) 32,000 IT Fund Balance 502lriformationTechnology Fund FWCCCCTVSystem•CartyForward (38,000) 38,000 IT Fund Bal an ce 502 information Technology Fund FTINETNetwork Route r-Carry Forward (12.000) 12,000ITFundBalance W2lnformatlonTechnology Fund Phone Sys tem-UCSServe rReplacement-Carry Forward (40,000) 40,000 IT Fund Balance 502 Information TechnologyFund Ciscucore Network ade•Carry Forward (175,000) 175,000 IT Fund Balance 502Information Terhnofo Fund CityµehsileRefresh- Car Forward (25,000)1 25,000 IIT Fund Balance 502 InformationTiedinolok Fund Internet Con recfinn Bandwidth and Redundancy. Carry Forward 150,00011 50,000 IT Fund Balance 502 Information Technology Fund GISAeriallm ery-Carry Forward 125,0001 25,000 ITFund Balance 502 Information TechnologyFund GlohalData Vault 60,000 IT Fund Balance 502information Technolo Fund PhoneSystem•Cisco RoulerRrRlacemenl 12,000ITFundBalance 502Information Technolo Fund PDCarlaptops 6,8501TFundBalance 502 lnformationTechn±M Fund Safe CitypTiRep[acements 95,000 ITFund Balance 503Mail&Du litatiooFund Re irandMaintenanceservicesandsu ies 10,000 IV1ail&Duplication FundBalance 504fYeet & E uipment Fund Imeased cost of Re ak Parts, Maintenance Services, and Gasoline 467,000 467,000 IFleet & Equipment Fund Balance 504Fleet &E uipment Fund Police Patrol VehltlesCarryForward and RepfatemenlCatchup 447,000 700,000 IFleet&Equi mentFundBalance 504Fleet &E ulpmentFund AddiGanalVehic!esfor Parks 35,000 Transferinfrom 120Paths &Trails 504Fleet &E uipment Fund Re aoe06 nboardforPublicMiks 22,681 Fleet & Equipment FundBalance SO4Fleet &E ui mentFund Surface Water UtifitySawTrai[erReplacement 50,000 Surface Water Management Fees (SWIVI) 506 Health Insurance Fund Claims Increase 458,000 Health Insurance Premiums 507Unemployment InsuranceFund jUnemplayFoent Claims Increase 25,000 Transfer in from General Fund .....� S i3,Di8S34 $ 17,29B,Ai5 Rev. 7/18 Exhibits A - D are attached to provide an accountable chronology: ■ Exhibit A — original Adopted Budget, adopted Nov. 15, 2022 • Exhibit B — first amendment, adopted June 6, 2023 • Exhibit C — second amendment, proposed for adoption September 05, 2023 • Exhibit D — third amendment, proposed for adoption November 21, 2023 Rev. 7/18 ORDINANCE NO.23 AN ORDINANCE of the City of Federal Way, Washington, relating to amending the 2023-2024 Biennial Budget. (Amending Ordinance Nos. 22-941, 23-959 and 23-966) WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for the 2023-2024 fiscal biennium were .prepared and filed on September 15, 2022 as provided by Titles 35A.34 and 84.55 of the Revised Code of Washington; and WHEREAS, the budget was printed for distribution and notice published in the official paper of the City of Federal Way setting the time and place for public hearing on the budget and said notice stating copies of the budget can be obtained on-line and at the Office of the City Clerk; and WHEREAS, the City Council of the City of Federal Way held public hearings on October 18 and November 01, 2022, and considered the public comments presented; and WHEREAS, the City Council of the City of Federal Way approved the budget ordinance on November 15, 2022 (adopted budget attached as Exhibit A); and WHEREAS, the City Council of the City of Federal Way approved the first amended budget ordinance on June 06, 2023 (adopted budget amendment #1 attached as Exhibit B); and WHEREAS, the City Council of the City of Federal Way approved the second amended budget ordinance on September 05, 2023 (adopted budget amendment #2 attached as Exhibit C); and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, Ordinance No. 23- Page 1 of 7 WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. 2023-2024 Budget Amendment. That the budget for the 2023-2024 biennium is hereby amended in the amounts and for the purposes as shown on the attached Exhibit D ("2023-2024 Amended Budget #3"). Section 2. Administration. The Mayor shall administer the Biennial Budget and in doing so may authorize adjustments to the extent that they are consistent with the budget approved'herein. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage as provided by law. Ordinance No. 23- Page 2 of 7 PASSED by the City Council of the City of Federal Way this _day of 112023. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: • ; 1 h __ 4201 i Ordinance No. 23- Page 3 of 7 EXHIBIT A 2023-2024Adopted BuQet 2023 2024 Beginning Fund Beginning Fund Ending Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance General Fund $ 12,415,532 $ 56,854,231 $ 60,077,654 $ 9,192,109 $ 61,108,379 $ 61,300,485 $ 9,000,003 Special Revenue Funds: Street 210,983 5,715,475 5,426,458 500,000 5,595,163 5,595,163 500,000 Arterial Street 100,001 1,563,000 1,563,000 100,001 1,563,000 1,563,000 100,001 Utility Tax 4,579,047 11,830,565 11,619,868 4,789,743 11,782,564 15,072,308 1,500,000 Sales/Use Tax- Affrd. & Supprt. Housing 140,702 125,000 125,000 140,702 125,000 125,000 140,702 Solid Waste/Recycling 311,052 722,200 641,647 391,604 722,200 654,343 459,462 Special Contract/Studies 462,890 - 462,890 - 462,890 Hotel/Motel Lodging Tax 1,720,995 293,000 65,000 1,948,995 308,000 65,000 2,191,995 Community Center 980,517 2,799,376 2,279,893 1,500,000 2,306,957 2,306,857 1,500,000 Traffic Safety Fund 3,109,153 3,000,000 3,846,735 2,262,419 3,060,000 4,122,419 1,200,000 Utility Tax Proposition 1 1,612,395 3,859,478 4,471,873 1,000,000 4,603,704 4,603,704 1,000,000 Performing Arts & Event Center 541,702 2,387,767 2,483,359 446,111 2,259,757 2,483,359 222,509 Solid Waste 101/oUtility Tax 152,012 2,200,000 2,200,000 152,012 2,300,000 2,300,000 152,012 Community Development Block Grant 28,268 886,193 886,193 28,269 789,717 789,717 28,268 Paths and Trails 1,895,150 170,600 100,000 1,965,750 172,216 600,000 1,537,966 Technology 235,810 149,250 385,060 149,250 - 534,310 Jail Service 164,252 2,335,748 2,500,000 (0) 2,700,000 2,700,000 (0) Strategic Reserve 3,000,001 - 3,000,001 - 3,000,001 Parks Reserve 1,120,891 5,000 1,125,891 5,000 1,130,891 Debt Service Fund 3,118,184 2,446,368 2,446,368 3,118,184 2,446,459 2,446,459 3,118,184 Capital Project Funds: Real Estate Excise Tax 4,110,900 5,521,000 7,055,343 2,576,557 5,576,000 5,788,245 2,364,312 Downtown Redevelopment 3,496,123 - 205,000 3,291,123 - 150,000 3,141,123 Municipal Facilities 175,185 - 175,185 175,185 Parks 1,497,896 367,000 367,000 1,497,896 767,000 767,000 1,497,896 Surface Water Management 1,744,296 2,044,312 3,359,608 429,000 1,556,230 1,805,273 179,957 Transportation 1,125,725 19,269,000 19,912,000 482,725 50,927,649 49,507,000 1,903,373 Capital Project Reserve 369,963 - 369,963 - 369,963 Fnterprise Fund: Surface Water Management 2,897,393 6,226,871 6,450,608 2,673,656 6,228,298 8,104,300 797,654 Dumas Bay Centre 1,132,849 1,155,846 764,097 1,524,599 792,696 773,784 1,543,510 Internal Service Funds: Risk Management 1,158,255 2,307,763 2,657,763 808,255 2,120,877 2,329,131 600,001 Information Technology 3,734,945 3,243,845 3,646,229 3,332,561 3,288,845 3,393,541 3,227,865 Mail & Duplication 255,919 135,947 154,901 236,965 135,947 161,901 211,011 Fleet & Equipment 7,621,866 2,425,039 3,336,067 6,710,838 2,399,475 1,711,734 7,398,580 Buildings & Furnishings 2,161,252 728,099 789,772 2,099,579 603,099 664,772 2,037,906 Health Insurance 3,579,885 4,956,000 5,256,726 3,279,159 4,956,000 5,256,726 2,978,433 Unemployment Insurance 245,846 - 70,000 175,846 - 70,000 105,846 Grand Total All Funds S 71,207,836 S 145,723,974 S 154,758,165 S 62,173,646 S 181,349,382 S 187,211,223 S 56,311,805 Ordinance No. 23- Page 4 of 7 MIBITB 2023-2024 Adopted Budget Amendment #1 2023 2024 Beginning Fund Beginning Fund Ending Fund Fund Balance Revenue Ekpenditure Balance Revenue Expenditure Balance General Fund $ 27,500,556 $ 58,056,122 S 76,002,369 $ 9,554,309 $ 61,040,879 S 61,590,721 $ 9,004,467 Special Revenue Funds: Street 359,300 5,975,158 5,834,458 500,000 5,595,163 5,595,163 500,000 Arterial Street 999,047 1,563,000 2,462,047 100,000 1,563,000 1,563,000 100,000 Utility Tax 4,643,952 12,196,316 12,050,524 4,789,743 11,782,564 15,072,308 1,500,000 Sales/Use Tax- Affrd. & Supprt. Housing 147,938 125,000 125,000 147,938 125,000 125,000 147,938 Solid Waste/Recycling 395,438 722,200 725,598 392,040 722,400 654,343 459,897 Special Contract/Studies 987,117 - 987,117 987,117 Hotel/Motel Lodging Tax 1,867,690 293,000 65,000 2,095,690 308,000 65,000 2,338,690 Community Center 1,737,337 2,799,376 2,279,893 2,256,820 2,306,857 2,306,857 2256,820 Traffic Safety Fund 2,445,305 3,000,000 3,846,735 1,598,570 3,060,000 4,122,419 536,151 Utility TaxProposition 1 1,570,837 3,901,478 4,471,873 1,000,441 4,603,704 4,603,704. 1,000,441 Perfomung Arts & Event Center 873,647 2,387,767 2,483,359 778,055 2,259,757 2,483,359 554,454 Community Development Block Grant 25,107 886,193 886,193 25,107 789,717 789,717 25,106 Solid Waste 101/oUtility Tax 1,632,178 2,200,000 3,680,166 152,012 2,300,000 2,300,000 152,012 Paths and Trails 1,888,280 170,600 100,000 1,958,880 172,216 600,000 1,531,096 Technology 459,967 149,250 28,350 580,867 149,250 12,000 718,117 Jail Service 7,487 2,492,513 2,500,000 0 2,700,000 2,700,000 0 Strategic Reserve 3,001,354 - 3,001,354 - 3,001,354 Parks Reserve 1,132,882 5,000 1,137,882 5,000 1,142,882 Debt Service Fund (1,367,880) 3,814,248 2,446,368 (0) 2,446,459 2,446,459 (0) Capital Project Funds: Real Estate wise Tax 3,216,755 5,521,000 7,055,343 1,682,412 5,576,000 5,788,245 1,470,167 Downtown Redevelopment 4,498,575 - 205,000 4,293,575 150,000 4,143,575 Municipal Facilities 175,412 - 175,412 175,412 Parks 2,031,573 367,000 657,664 1,740,909 767,000 767,000 1,740,909 Surface Water Management 4,570,034 3,243,885 7,032,179 781,740 1,556,230 1,805,273 532,697 Transportation 15,937,599 19,323,650 31,642,185 3,619,064 50,927,649 49,507,000 5,039,713 Capital Project Reserve 370,253 - 370,253 - 370,253 Fnterprise Fund: Surface Water Management 4,510,546 6,226,871 7,588,980 3,148,437 6,228,298 8,104,300 1,272,435 Dumas Bay Centre 1,710,216 1,155,846 764,097 2,101,965 792,696 773,784 2,120,877 Internal Service Funds: RiskManagement 1,516,609 2,307,763 2,657,763 1,166,609 2,120,877 2,329,131 958,355 Information Technology 4,259,029 3,484,045 3,886,429 3,856,646 3,514,145 3,618,941 3,751,950 Mail & Duplication 279,133 135,947 154,901 260,179 135,947 161,901 234,225 Fleet&Equipment 8,545,676 2,550,039 4,944,651 6,151,064 2,399,475 1,711,734 6,838,805 Buildings & Furnishings 2,114,858 728,099 789,772 2,053,185 603,099 664,772 1,991,512 Health Insurance 3,659,129 4,956,000 5,256,726 3,358,403 4,956,000 5,256,726 3,057,677 Unemployment Insurance 252,016 70,000 182,016 70000 112,016 Grand Total All Funds S 107,954,951 S 150,737�66 S 192,693,624 S 65,998,694 S 181,507,182 S 187,738,7571 S 59,767,119 Ordinance No. 23- Page 5 of 7 MIBITC 2023-2024 Amended Budget 92 2023 2024 Beginning Fund Beginning Fund Ending Fund Fund Balance Revenue Expenditure Balance Revenue Fxpenditure Balance General Fund $ 27,350,553 $ 59,091,457 $ 76,872,596 $ 9,569,414 $ 61,580,879 S 6Z130,721 S 9,019,572 Special Revenue Funds: Street 359,430 5,991,404 5,850,704 500,130 5,611,409 5,611,409 500,130 Arterial Street 998,845 1,563,000 2,461,845 100,000 1,563,000 1,563,000 100,001 Utility Tax 4,646,109 14,449,431 I2,303,640 4,791,900 11,782,564 15,012,308 1,50Z157 Sales/Use Tax -Affrd.&Supprt. Housing 148,016 125,000 125,000 148,016 125,000 125,000 148,016 Solid Waste/Recycling 395,459 722,200 725,598 39ZO61 722,200 654,343 459,918 Special Contract/Studies 987,302 - 450,000 537,302 - 537,302 HoteVMotel Lodging Tax 1,868,015 293,000 65,000 2,096,015 308,000 65,000 2,339,015 Community Center 1,737,273 2,799,376 2,279,893 2,256,756 2,306,857 2,306,857 2,256,756 Traffic Safety Fund 2,493,443 3,000,000 3,846,735 1,646,708 3,060,000 4,122,419 594,290 Utility TaxProposition 1 1,571,054 3,901,478 4,471,873 1,000,658 4,603,704 4,603,704 1,000,658 Perforating Arts & Event Center 873,936 2,387,767 2,483,359 778,344 2,259,757 2,483,359 554,743 Community Development Block Grant 25,107- 886,193 886,193 25,107 789,717 789,717 25,106 Solid Waste 101/oUtility Tax 1,632,240 2,200,000 3,680,166 15ZO74 2,300,000 2,300,000 15ZO74 Paths and Trails 1,888,688 170,600 366,376 1,692,912 172,216 600,000 1,265,118 Technology 459,999 149,250 259,350 349,899 149,250 12,000 487,149 Jail Service 7,260 2,492,740 2,500,000 0 2,700,000 2,700,000 0 Strategic Reserve 3,002,082 - 3,002,082 - 3,002,082 Parks Reserve 1,133,157 5,000 1,138,157 5,000 1,143,157 Debt Service Fund (1,366,565) 3,814,248 2,446,368 1,315 2,446,459 2,446,459 1,315 Capital Project Funds: Real Estate Excise Tax 3,217,658 5,521,000 7,055,343 1,683,315 5,576,000 5,788,245 1,471,070 Downtown Redevelopment 4,499,350 205,000 4,294,350 - 150,000 4,144,350 Municipal Facilities 175,507 - 175,507 - 175,507 Parks Z03ZO64 633,376 924,040 1,741,400 767,000 767,000 1,741,400 Surface Water Management 4,570,673 3,243,885 7,032,179 7SZ379 1,556,230 1,805,273 533,336 Transportation 15,939,217 19,323,650 31,642,185 3,620,682 50,927,649 49,507,000 5,041,331 Capital Project Reserve 370,343 - 370,343 - 370,343 Fnterprise Fund: Surface Water Management 4,511,222 6,226,871 7,588,980 3,149,113 6,228,298 8,104,300 1,273,111 Dumas Bay Centre 1,710,510 1,155,M6 764,097 ZIOZ259 792,696 773,794 2,121,171 Internal Service Funds: RiskManagement 1,516,845 2,307,763 2,657,763 1,166,845 2,120,877 2,329,131 958,591 Information Technology 4,260,137 3,684,045 4,276,429 3,667,753 3,514,145 3,618,841 3,563,057 Mail & Duplication 279,203 135,947 154,901 260,249 135,947 161,901 234,295 Fleet & Equipment 8,548,261 2,550,039 4,959,137 6,139,163 2,399,475 1,711,734 6,826,904 Buildings & Furnishings 2,115,458 1,328,099 1,389,772 2,053,785 603,099 664,772 1,992,112 Health Insurance 3,660,088 4,956,000 5,256,726 3,359,362 4,956,000 5,256,726 3,058,636 UnerriplUment Insurance 25ZO36 70,000 18Z036 70,000 11Z036 Grand TotalAll Funds S 107,869,976 S 153,108,665 S 196,051,249 S 64,927�93 S 182;063,428 S 188,295,003 S 58,695,819 Ordinance No. 23- Page 6 of 7 IXHIBITD 2023-2024 Amended Budget #3 2023 2024 Beginning Fund Beginning Fund Fndng Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance iGeneral Fund $ 27,350,553 $ 62,582,016 $ 79,829,531 $ 10,103,039 $ 61,774,549 $ 62,877,587 $ 9,000,000 Special Revenue Funds: Street 359,430 6,011,404 5,870,704 500,130 5,611,409 5,611,409 500,130 Arterial Street 998,845 1,563,000 Z461,845 100,000 1,563,000 1,563,000 100,001 Utility Tax 4,646,109 12,449,431 12,305,797 4,789,743 11,782,564 15,072,308 1,500,000 Sales/Use Tax- Affrd. & Supprt. Housing 148,016 125,000 134,000 139,016 125,000 125,000 139,016 Solid Waste/Recycling 395,459 735,799 739,197 392,061 793,797 725,940 459,919 Special Contract/Studies 987,302 - 50,000 937,302 - 400,000 537,302 Hotel/Motel Lodging Tax 1,868,015 293,000 150,000 2,011,015 308,000 65,000 2,254,015 Community Center 1,737,273 2,280,376 2,459,893 1,557,756 2,306,857 2,306,857 1,557,756 Traffic Safety Fund 2,493,443 3,800,000 3,871,735 2,421,708 3,060,000 4,272,419 1,209,290 Utility Tax Propos ition 1 1,571,054 3,900,820 4,471,873 1,000,000 4,603,704 4,603,704 1,000,000 Performing Arts & Event Center 873,936 2,767,767 2,983,359 658,344 2,259,757 2,483,359 434,743 Community Development Block Grant 25,107 901,193 901,193 25,107 789,717 789,717 25,106 Solid Waste 10°/u Utility Tax 1,632,240 2,200,000 3,680,166 152,074 2,300,000 2,300,000 152,074 Paths and Trails 1,888,688 170,600 401,376 1,657,912 172,216 600,000 1,230,128 Technology 459,999 149,250 84,350 524,899 149,250 187,000 487,149 Jail Service 7,260 4,292,740 4,300,000 0 2,700,000 2,700,000 0 Strategic Reserve 3,002,082 - 3,002,082 - 3,002,082 Parks Reserve 1,133,157 5,000 1,138,157 5,000 1,143,157 Debt Service Fund (1,366,565) 3,829,248 2,461,368 1,315 2,446,459 2,446,459 1,315 Capital Project Funds: Real Estate Excisc Tax 3,217,658 4,521,000 6,055,343 1,683,315 5,576,000 5,788,245 1,471,070 Downtown Redevelopment 4,499,350 1,000,000 3,463,669 2,035,681 t50,000 1,885,681 Municipal Facilities 175,507 175,507 175,507 Parks 2,032,064 683,816 1,258,040 1,457,840 767,000 767,000 1,457,840 Surface Water Management 4,570,673 3,293,885 7,082,179 782,379 1,556,230 1,805,273 533,336 Transportation 15,939,217 24,244,248 38,604,114 1,579,351 60,727,649 62,307,000 (0) Capital Project Reserve 370,343 370,343 370,343 Enterprise Fund Surface Water Management 4,511222 7,562,395 7,763,379 4,310,238 6,320,939 9,090,691 1,540,486 Dumas Bay Centre 1,710,510 1,355,846 864,097 22OZ259 792,696 773,784 2,221,171 Internal Service Funds: RiskManagement 1,516,845 2,307,763 2,657,763 1,166,845 2,538,083 3,104,928 600,000 Information Technology 4,260,137 3,684,045 3,806,929 4,137,253 3,514,145 4,392,191 3259,207 Mail & Duplication 279,203 135,947 164,901 250,249 135,947 161,901 224,295 Fleet & Equipment 8,548,261 2,635,039 5,980,818 5,202,482 2,399,475 2,878,734 4,723,223 Buildings & Furnishings 2,115,458 1,336,099 1,389,772 2,061,785 603,099 664,772 2,000,112 Health Insurance 3,660,088 5,414,000 5,714,726 3,359,362 4,956,000 5,256,726 3,058,636 Unemployment Insurance 252,036 161%4 9900 1 320.000 70,0001 250,000 Grand Total All Funds S 107,869,976 S 166,393,691 S 212,057,118 1 $ 62,206,550 S 192,638,542 S 206,341,003 1 $ 48,504,089 Ordinance No. 23- Page 7 of 7 9 COUNCIL MEETING DATE: November 08, 2023 ITEM #: e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 2024 PROPERTY TAX LEVY POLICY QUESTION: Should the City Council increase the regular property tax consistent with the limit factor prescribed by RCW 84.55.0101? COMMITTEE: FEDRAC MEETING DATE: October 24, 2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Groom Finance Director DEPT: Finance Attachments: 1. Staff Report 2. Ordinance 3. Property Tax Certification Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMEND ON: Option 1. MAYOR APPROVAL: /D 13 _ JD 04 I_ / _DIRECTOR APPROVAL: �,n 1yi t COMMITTEE RECOMMENDATION: I move to hold a Public Hearing on November 8, 2023 and forward the proposed ordinance to the November 8, 2023 Council Meeti/ , or first reading. Member PROPOSED COUNCIL MOTION(S): ber FIRST READING OF ORDINANCE (NOVEMBER 08, 2023): "I move to forward the proposed ordinance to the November 21, 2023, City Council meeting for second reading and enactment. " SECOND READING OF ORDINANCE (NOVEMBER 21, 2023): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK :S OFFICE7) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # [j�17��'�-[►,g�'- 13 DENIED First reading _ f 1-08' loll,; ❑TABLED/DEFERRED/NO ACTION Enactment reading VMOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 24, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Steve Groom, Finance Director SUBJECT: 2024 Property Tax Levy Financial Impacts: This ordinance is to authorize increase of the regular property tax consistent with state statute. The King County Assessor has notified us of the current assessed valuation of the city, and staff has incorporated their latest information in the calculation. Washington State Department of Revenue has reported that the Implicit Price Deflator (a statutory measure of inflation) this year is 3.67%, which means the City can request the full 1 % increase in levy. The total assessed property values decreased, from $17,093,479,149 last year to $16,666,648,850 this year, a decrease of $426,830,299. The decrease in assessed value was approximately $621 million, offset by new construction of approximately $192 million. The City is limited by state statute to an increase in levy of 1.00%, or $117,479, on existing assessed value on existing construction; new construction is currently estimated to generate $131,939 in revenue, however is not final due to the County appeals process. Because City costs are subject to inflation, our costs of providing services have increased more than the 1 % cap, it is in the best interest of the city and of its citizens to request the maximum levy allowable. Background: Timeline. The City Council public hearing scheduled for November 8th allows for the ordinance to be introduced at the November 8th regular city council meeting and enacted at the November 21st regular city council meeting. Deadline. Ordinance must be approved prior to Nov. 30th. King County and State Statutes require that we certify to them before Nov. 30th of each'year: Rev. 7/18 It is the duty of... the council of each town ... authorized by law to levy taxes directly. .. on or before the thirtieth day of November in each year, to certify to the county assessor the amount of taxes levied upon the property within the city ... RCW 84.52,070 (2) Public Levy Hearing. One hearing is required for Tax Levy. Because Washington State's Property Tax Levy is an expense budget -based system, the language of the RCWs includes budgetary wording, however the tax levy is separate from the budget itself. The request for levy is a calculation to cover the expenditures needed for the budget: (1) A taxing district, other than the state, that collects regular levies must hold a public hearing on revenue sources for the district's following year's current expense budget. The hearing must include consideration of possible increases in property tax revenues and must be held prior to the time the taxing district levies the taxes or makes the request to have the taxes levied... The taxing district's governing body ... must hold the hearing ... a single public hearing may be held on this matter. RCW 84.55.120 (1) and (2) Rev. 7/18 ORDINANCE NO.23- AN ORDINANCE of the City of Federal Way, Washington, relating to fixing the property tax amount for the year of 2024. WHEREAS, the City Council of the City of Federal Way met and reviewed all revenue sources and examined anticipated expenses and other obligations for the 2023/24 biennium; and WHEREAS, the City Council, in the course of considering the biennium budget, conducted a public hearing on November 8, 2023, for the proposed property tax levy for 2024, and proposed revenues and expenditures for the biennium; and WHEREAS, the City Council, after hearing and duly considering relevant evidence and testimony, determined that it is necessary and advisable in order to discharge the expected expenses and obligations of the City to authorize an increase in regular property tax consistent with the limit factor prescribed by RCW 84.55.0101; and WHEREAS, the City Council has resolved to levy a property tax consistent with RCW 84.52.043. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Levy. There is hereby levied against the property in the City of Federal Way, Washington, a municipal regular property tax for the year 2024 for the purpose of paying expenses and discharge obligations of the City in the amount of Twelve Million One Hundred Thousand and NO/100 Dollars ($12,100,000.00). The levy amount shall include: (1) an increase in property tax revenue from the previous year of One Hundred Seventeen Thousand Four Hundred Seventy-nine and NO/100 Dollars ($117,479.00) or one percent (1.00%); (2) new construction and improvements to property; (3) Ordinance No. 23- Page 1 of 3 any increase in the value of state assessed property; and, (4) amounts authorized by law as a result of any annexations that have occurred, as well as applicable refunds already made. Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. 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 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 2023. Ordinance No. 23- Page 2 of 3 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. 23- Page 3 of 3 Departrr�ent of ReWenue September 26, 2023 Washington State Dear County Assessors: What is the rate of inflation (IPD rate) for 2024? The rate of inflation (IPD rate) for property taxes due in 2024 is 3.67 percent. What is the limit factor for 2024 provided the taxing district adopts a resolution/ ordinance authorizing an increase over the prior year's levy? For the state and taxing districts with populations of 10,000 or greater, the limit factor for property taxes due in 2024 is 101 percent. The limit factor for these districts is defined as 100 percent plus the lesser of the rate of inflation or one percent. For taxing districts with populations under 10,000, the limit factor for property taxes due in 2024 is 101 percent. How is the rate of inflation (IPD rate) calculated? The rate of inflation is the percent change in the implicit price deflator for personal consumption as published by the Bureau of Economic Analysis by September 25tn The most recent publication available on September 25th was the August publication. For this reason, we used the quarterly values to calculate the percent change in implicit price deflator for personal consumption for taxes due in 2024. We calculate the percent change by dividing the Quarter 2 2023 number by the Quarter 2 2022 number, subtracting one, and then multiplying by 100. We used the following values in the calculation this year: Quarter 2 2022 _122.426 Quarter 2 2023 1 126.919 Ifyou have any questions, please contact me. Sincerely, Karl Kenall Tax Policy Specialist Research & Fiscal Analysis Department of Revenue cc: County Treasurers Research & Fiscal Analysis Division PO Box 47459 Tumwater, WA 98504-7459 Phone (360) 534-1508 • Fax (360) 534-1526 • KariK@dor.wa.gov WS Utilized by District 1/0/1900 PRELIMINARY LEVY LIMITATIONS WORKSHEET 10.05.2023 TAXING nISTRICT Federal Way 2023 Levv for 2024 Taxes- IPD: 1.03670 A. Highest regular tax which could have been lawfully levied beginning with the 1985 levy (refund levy not included). Year 2023 $11,747,886 x 101.000% _ $11,865,365 Highest Lawful Levy Since 1985 Limit Factor/Max Increase 101 % B. Current year's assessed value of new construction, improvements, and wind turbines, solar, biomass, and geothermal facilities in original districts before annexation occurred times last year's levy rate (if an error occurred or an error correction was made in the previous year, use the rate that would have been levied had no error occurred). $191,971,817 x 0.68729 - $1,000 = $131,940 A.V. Last Years Levy Rate C. Tax Increment finance area increment AV increase (RCW 84.55.010(1)€) (value included in B & D cannot be included in C) $0 x 0.68729 - $1,000 = $0 A.V. Last Years Levy Rate Current year's state assessed property value less last year's state assessed property value, The remainder is to be multiplied by last year's regular D. levy rate (or the rate that should have been levied). $133,485,025 $133,485,025 = $ Current Years A.V. Previous Years A.V. Remainder $0 x 0.68729 $1,000 - $0.00 Remainderfrom Line C Last Years Levy Rate E. Regular property tax limit: __ .. ............ .............. __ .............. _ A+B+C+D = $11,997,305 Parts F through H are used in calculating the additional levy limit due to annexation. To find the rate to be used in F, take the levy limit as shown in Line E above and divide it by the current assessed value of the district, excluding the F' annexed area. $11,997,305 $16,666,648,850 x $1,000 - 0-71983 Total in Line E Assessed Value Less Annexed AV G. Annexed area's current assessed value including new construction and improvements, times the rate in Line E. $0 x 0.71983 $1,000 = $0.00 Annexed Area's A.V. Rate in Line F H. Regular property tax limit including annexation ...... ............ ..................... E+G = $11,997,305 I. Statutory maximum calculatlon Only enter fire/RFA rate, library rate, & firefighter pension fund rate for cities annexed to a fire/RFA or library, or has a firefighters pension fund. 3.60000 1.50000 - 0.26581 + 0.00000 = 1.83418 District base levy rate Fire or RFA Rate Library Rate Firefighter Pension Fund Statutory Rate Limit $16,666,648,850 ■ 1.83418 - $1,000 = $30,569,634 A.V. of District StaluWry Rate Limit Statutory Amount J. Highest Lawfut Levy For This Tax Year (Lesser of H and 1) ......... ......... I ............. ....... _ $11,997,305 New highest lawful levy since 1985 (Lesser of H & I minus C, unless A (before limit factor increase) is greater than $11,997,305 K 1 or H minus C, then A before the limit factor increase L. Lesser of I and J.............................................................................. $111,997,305 M. Refunds $41,956 N- Levy Corrections Year of Error: 0 1. Minus amount over levied (if applicable) .................................................. $0.00 2. Plus amount under levied (if applicable) ............................................... $0.00 O. Total: L+M+/-N (unless voted rate)..................................................................................... $12,039,251 P. Tax Base For Regular Levy 1. Total district taxable value (including state -assessed property, and excluding boats, timber assessed value, and the senior citizen exemption for the regular levy) $16,666,648,850 Q. Tax Base for Excess and Voted Bond Levies 2. Less assessed value of the senior citizen exemption of less than $40,000 income or 65% of the median household income for the county based on lower of frozen or market value. $161,570,315 3. Plus Timber Assessed Value (TAV)................................................. $0 4. Tax base for excess and voted bond levies .......................... ......... .._... (1-2+3) $16.505,078.535 R. Increase Information 1. Levy rate based on allowable levy 0-72235 2. Last year's ACTUAL regular levy $11,789,131 3. Dollar Increase over last year other than New Construction (-) Annexation $76,234 4. Percent Increase over last year other than New Construction (-) Annexation 0.64665% REV 54 007 raye t By Ordinance 2152 of the Metropolitan King County Council, Taxing Districts are required annually to submit the following information regarding their tax levies for the ensuing year as part of a formal resolution of the District's governing body. THE KING COUNTY ASSESSOR HAS NOTIFIED THE GOVERNING BODY OF City of Federal Way THAT THE ASSESSED VALUATION OF PROPERTY LYING WITHIN THE BOUNDARIES OF SAID DISTRICT FOR THE ASSESSMENT YEAR 2023 IS: $ 16,666,648,850 REGULAR (STATUTORY) LEVY (AS APPLICABLE): EXPENSE FUND $ 12,058,044 - LID LIFT NAME $ - LID LIFT NAME $ RESERVE FUND $ NON -VOTED G.O. BOND (Limited) $ REFUNDS (Noted on worksheet) $ 41,956 TOTAL REGULAR LEVY $ EXCESS (VOTER APPROVED) LEVY: (Please list authorized bond levies separately.) G.O. BONDS FUND LEVY $ G.O. BONDS FUND LEVY $ G.O. BONDS FUND LEVY $ SPECIAL LEVIES (INDICATE PURPOSE AND DATE OF ELECTION AT WHICH APPROVED, EXCEPT LID LIFTS): TOTAL TAXES REQUESTED: $ 12,100,000 THE ABOVE IS A TRUE AND COMPLETE LISTING OF LEVIES FOR SAID DISTRICT FOR TAX YEAR 2024 AND THEY ARE WITHIN THE MAXIMUMS ESTABLISHED BY LAW. (AUTHORIZED SIGNATURE) ( DATE) ORDINANCE NO.22-942 AN ORDINANCE of the City of Federal Way, Washington, relating to fixing the property tax amount for the year of 2023. WHEREAS, the City Council of the City of Federal Way met and reviewed all revenue sources and examined anticipated expenses and other obligations for the 2023/24 biennium; and WHEREAS, the City Council, in the course of considering the biennium budget, conducted public hearing on October 18, 2022 for the proposed property tax levy for 2023, and on October 18 and November 1, 2022 for proposed revenues and expenditures for the biennium; and WHEREAS, the City Council, after hearing and duly considering relevant evidence and testimony, determined that it is necessary and advisable in order to discharge the expected expenses and obligations of the City to authorize an increase in regular property tax consistent with the limit factor prescribed by RCW 84.55.0101; and WHEREAS, the City Council has resolved to levy a property tax consistent with RCW 84.52.043. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Lev . There is hereby levied against the property in the City of Federal Way, Washington, a municipal regular property tax for the year 2023 for the purpose of paying expenses and discharge obligations of the City in the amount of Eleven Million Nine Hundred Seven Thousand One Hundred Fifty -Eight and NO/100 Dollars ($11,907,158.00). The levy amount shall include: (1) an increase in property tax revenue from the previous year 'of One Hundred Fifty -Six Thousand Six Hundred Three and N0/100 Dollars ($156,603.00) or one and thirty-five hundredths of a percent (1.35%); (2) new construction and improvements to Ordinance No. 22-942 Page I of 3 property; (3) any increase in the value of state assessed property; and, (4) amounts authorized by law as a result of any annexations that have occurred, as well as applicable refunds already made. Sectioii 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. 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 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 15th day of November, 2022. [signatures to follow] Ordinance No. 22-942 Page 2 of 3 CITY OF FEDERAL WAY: FE ELL, MAYOR ATTEST: 40, t� � � bak6l StOfIANIE COURTNEY C C, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 10/26/2022 PASSED BY THE CITY COUNCIL: 11/15/2022 PUBLISHED: 11/18/2022 EFFECTIVE DATE: 11/23/2022 ORDINANCE NO.: 22-942 Ordinance No. 22-942 Page 3 of 3 9f COUNCIL MEETING DATE: November 21, 2023 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: WINCO FOODS CONCOMITANT ZONING AGREEMENT AMENDMENT POLICY QUESTION: Should the City Council approve the proposed ordinance amending the WinCo Foods Concomitant Zoning Agreement to remove the applicability of the CZA to the WinCo Foods property? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Chaney Skadsen, Senior Planner DEPT: Community Development Attachments: 1. Staff Report 2. Hearing Examiner Recommendation 3. Hearing Examiner Staff Report 4. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: COMMITTEE RECOMMENDATION: N/A 412)� DIRECTOR APPROVAL:rJA Z� sj titial Date Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE NOVEMBER 21, 2023: "I move to forward the proposed ordinance to the December 5, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE DECEMBER 5, 2023: "1 move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading (� MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # '70 1 - 021 w CITY OF FEDERAL WAY MEMORANDUM DATE: October 31, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith NivenCommunity Development Department Director Chaney Skadsen, Senior Planner 4 SUBJECT: ORDINANCE: WinCo Foods Concomitant Zoning Agreement Amendment Financial Impacts: There is no cost to the City for approving the proposed Concomitant Zoning Agreement ("CZA") Amendment. Background Information: The WinCo Foods grocery store, located at 160 SW Campus Drive, is governed by an existing 1991 CZA that limits the redevelopment capacity of the WinCo Foods grocery store. On August 10, 2021, the applicant, WinCo Foods, LLC, submitted a request to amend the CZA. Pursuant to Section 3 of the CZA, the "agreement may be amended by the City or the Owner by filing an application therefore, which shall be considered. and heard in the same manner as a City -initiated quasi-judicial rezone of the property. Such action shall not release the Owner or the City from any obligation assumed under the CZA, unless and until such amendment has been approved by the City." Pursuant to Federal Way Revised Code (FWRC) 19.75, city -initiated quasi-judicial rezones must be reviewed and decided upon under Process V. Under Process V, the hearing examiner holds an open record public hearing and based on the record of that hearing makes a recommendation to City Council. City Council makes the ultimate decision on the application based solely on the record of the hearing before the Hearing Examiner. Hearing Examiner Recommendation On October 11, 2023 the City of Federal Way Hearing Examiner hosted a public hearing on the application. The Hearing Examiner's Findings of Fact, Conclusions of Law and Recommendation received October 24, 2023 states "The Examiner recommends that the City Council approve the requested rezone application, which renders the 1991 CZA inapplicable to the WinCo property." Rev. 7/18 BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY Phil Olbrechts, Hearing Examiner RE: Winco Foods CZA Amendment FINDINGS OF FACT, CONCLUSIONS OF No. 21-103294-UP / 21-103298-SE LAW AND RECOMMENDATION INTRODUCTION The Applicant requests approval of an amendment to a concomitant zoning agreement (CZA) to remove all CZA restrictions that apply to the Winco Foods store located at 160 SW Campus Drive. CZA restrictions include a maximum gross leasable area at the Winco site of 67,000 square feet. Winco plans to expand its store beyond this maximum area. All requirements of the underlying Community Business (BC) zone would still apply upon approval of the requested CZA amendment. The CZA amendment request must be processed as a rezone applications. It is recommended that the City Council approve the CZA amendment. The only public comments regarding the proposal were limited to two emails. An October 4, 2023 email from T. Whiting inquired what the project was about and expressed concern about homeless persons, cars and motorhomes in the Winco parking lot. A June 6, 2022 email from Diana Noble -Guilford inquired about whether the proposed expansion would affect access on the west side of the project site 2. A letter from the Applicant's legal counsel was also submitted providing an overview of the review criteria. No one other than the staff and Applicant testified at the rezone hearing. The CZA was approved by the City in 1991, just one year after the City's incorporation. In the more than three decades since the City was incorporated 1991 the City has adopted numerous detailed development standards designed to address development impacts at levels tailored to the Federal Way community. At hearing, staff testified there were no special circumstances still in place today that necessitate the additional restrictions imposed by the CZA. The nearest sensitive land use are some multi -family units located to the south. Those units are already in a mixed -use area and likely will benefit more from the added groceries of a larger Winco then any adverse impacts from the expansion. For all these reasons, there is ample justification to approve the requested rezone. s The CZA legally qualifies as added zoning restrictions on the project site and hence its amendment qualifies as a rezone. Consistent with this principle, Section 3 of the CZA requires CZA amendment applications to be processed as rezone applications. This recommendation references the CZA amendment application as a rezone application. 2 Ms. Noble Guilford's comments were directed at a Process III application to expand the Winco store. That Process III application was withdrawn on August 11, 2022. Traffic impacts will be addressed when a project application is submitted. Rezone Recommendation P. 1 Findings, Conclusions and Recommendation ORAL TESTIMONY No one testified except Chaney Skadsen, senior City planner, and the Applicant's legal counsel, John Sitkin. Mr. Sitkin expressed support for the staff report and thanked staff for their work on the project. EXHIBITS The September 29, 2023 staff report along with attachments A-Q as identified -on the last page of the report were admitted during the October 11, 2023 hearing. The following additional exhibits were also admitted during the hearing: Exhibit R: September 29, 2023 email from T. Whiting along with staff response Exhibit S: City staff power point Exhibit T: October 5, 2023 letter from Jon Sitkin, counsel for Winco FINDINGS OF FACT Procedural: 1. Applicant . Nathan Coombs, Petersen-Staggs Architects, LLP, 5200 West State St. Boise, ID 83703 2. Hearing. A hearing was conducted on the application on October 11, 2023 at 10:00 am at Federal Way City Hall. Substantive: 3. Site/Proposal Description. The Applicant requests approval of an amendment to a concomitant zoning agreement (CZA) to remove all CZA restrictions that apply to the Winco Foods store located at 160 SW Campus Drive. The CZA limits maximum gross leasable area at the Winco site to 67,000 square feet. Winco plans to expand to a size of 81,591 square feet. All requirements of the underlying Community Business (BC) zone would still apply upon approval of the requested CZA amendment. The City and Quadrant Corporation, a Washington corporation ("Quadrant") were parties to the original Concomitant Zoning Agreement dated July 24, 1990. The CZA applies to the following parcels outlined in Table 1 below. To ble 1: Current i'ro erties Governed by the UZA Parcel Existing Use 4159200710 Grocery WinCo Foods 4159200715 Medical Office Retail (Starbucks, Federal Way Modern Dentistry, Victoria Chang, DMD 4159200720 Restaurant (IHOP) Rezone Recommendation p. 2 Findings, Conclusions and Recommendation 4159200725 1 Surface Parkin On June 4, 1991, the Federal Way City Council approved Ordinance No.91-99 (Exhibit D), rezoning an approximate 14-acre site located at the northwest corner of Southwest 348th Street and lst Avenue South from Single Family Residential (RS 9.6) to Community Business (BC) and adopting specific conditions as contained in the adopting ordinance. The rezone permitted development of the site consistent with the Community Business Land Use Classification of the City's Comprehensive Plan in effect at that time, as supplemented by the simultaneously adopted CZA. The CZA contains, among other things, limits to allowable uses on the property, specific development standards for maximum building size, fagade modulations, location of parking, buffers, open space, park development fees and surface water improvements. The CZA outlines that the allowable uses on the property shall be limited to those set forth in Chapter 40, Neighborhood Business District Regulations of the Federal Way Zoning Code as the same now exists or may hereafter be amended with the exception of the following provisions per Section 2B: (i) Owner shall be permitted to develop on the property one grocery store of a size not to exceed 45,000 square feet gross leasable areas, and (ii) Owner shall be permitted to develop on the property one drug store of a size not to exceed 22,000 square feet of gross leasable area, and (iii)No vehicle service station use shall be permitted on the property. If the Council approves the requested CZA amendment, no specific size restrictions will apply to the Winco grocery store. 4. Surrounding Uses. The closest sensitive land uses are the Fox Run apartments located on the east side of the project site and a single-family residential development to the west across Campus Drive. Commercial/medical offices are located to the south and Panther Lake Park is located to the north. 5. Adverse/Positive Impacts. No significant adverse impacts are associated with the proposal and the proposal is found to be in the best interests of the residents of the City. As noted in the staff report, the proposal removes 30-year old CZA restrictions and leaves the applicable land use restrictions to the current zoning code, which according to staff reflects best planning practices and conforms to the current day development practices of the City. As the Council is aware, the City has adopted detailed development standards since its incorporation in 1990, just one year before adoption of the CZA. Those standards address what the Council over the years has found to be acceptable development impacts. Removing the added CZA limitations would put the Winco development on par with surrounding development. The hearing examiner inquired at the hearing whether there were any special circumstances that necessitated the CZA limitations in 1991 that might still apply today. Staff were not aware of. any. There are some apartments located on the east side of the project site. However, those apartments are already located in a mixed use area and it doesn't appear that some additional Rezone Recommendation p. 3 Findings, Conclusions and Recommendation grocery space will adversely affect that use. In point of fact, the availability of additional grocery store space will benefit the apartments as well as the surrounding community by providing additional food choices. It's'unclear if the surrounding road network is suited for additional trip generation that would be facilitated by approval of the rezone. However, the proposed rezone was reviewed by public works staff and they expressed no concerns. Project specific traffic impacts will be addressed during specific project review and the proposal will have to conform to the City's traffic level of service standards. As noted in the staff report, the proposal will also provide increased job opportunities and add to the City's tax base. 6. Change in Circumstances. As outlined in Finding of Fact No. 5, the City's development standards have significantly evolved since the City was incorporated in 1990 and the CZA was adopted in 1991. The staff report notes that the maximum square footage allowances for the defined uses are no longer appropriate as the retail market has changed in the over 30 years since the limitations were originally established. The population of the City has also increased dramatically. Given Federal Way's large increase in population since incorporation, it can stand to benefit from the added grocery services made available by approval of the requested rezone. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner: FWRC 19.75.010 classifies rezones as Process V applications., which provides the Examiner with the authority to conduct a hearing and make a recommendation to the City Council. As noted in Footnote No. 1, CZA applications are rezone applications. Substantive: 2. Zoning Designation: BC. 3. Review Criteria and Application. FWRC 19.75.130(3)(a) governs the criteria for "non - project -related" rezones. FWRC 19.745.020(1) limits "non -project -related" rezones to (1) rezones initiated by the City for properties not owned by the City; and (2) rezones from one single-family zone classification to another single-family zone classification. The current Winco rezone application wasn't initiated by the City. However, Section 3 of the CZA provides that any rezone application filed by the "owner" shall be considered "in the same manner as a City - initiated quasi-judicial rezone of the property." Consequently, the proposed rezone will be considered non -project -related for purposes of application of the FWRC 19.75.130(3)(a) criteria. Rezone Recommendation p. 4 Findings, Conclusions and Recommendation FWRC 19.75.130(3)(a): The city may approve an application for a quasi-judicial nonproject rezone only if it finds that: N The proposed rezone is in the best interest of the residents of the city; and 4. The criterion is met for the reasons identified in Finding of Fact No. 5. FWRC 19.75.130(3)(a)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; 5. The criterion is met as a change in circumstances for the reasons identified in Finding of Fact No. 6. FWRC 19.75.130(3)(a)iii: It is consistent with the comprehensive plan; 6. The criterion is met. As identified in the staff report, the request is consistent with the Federal Way Comprehensive Plan (FWCP) as the existing zoning of Community Business complies with the FWCP Community Business designation. No change is being requested to the Community Business zoning designation. The application is also consistent with the following comprehensive policies as well: LUP40 — 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. EC7 — Promote an economic climate that is supportive of business formation, expansion, and retention, and emphasizes the importance of small businesses in creating jobs. EDG2 — Help,attract, expand, and retain businesses, jobs, and investments that provide employment and enhance income opportunities for Federal Way residents. EDP8 — Promote the redevelopment of existing underdeveloped areas as a means to sustain the economy and provide jobs. Allowing the increased floor area is also consistent with the Land Use Concept in Chapter 2 of the FWCP, which states: Rezone Recommendation p. 5 Findings, Conclusions and Recommendation "The land use concept should result in the following: Accommodation of adopted growth targets for households and jobs and Puget Sound Regional Council (PSRC) growth projections within the proposed land use plan area." Allowing the increased floor area is also consistent with the Land Use Concept in Chapter 2 of the FWCP, which states "The land use concept should result in the following: Accommodation of adopted growth targets for households and jobs and Puget Sound Regional Council (PSRC) growth projections within the proposed land use plan area." FWRC 19.75.130(3)(a)iv: It is consistent with all applicable provisions of the title, including those adopted by reference from the comprehensive plan; and 7. The criterion is met. Staff have found the current development to be consistent with applicable zoning code standards and the amendment will subject any alterations to the proposal to the zoning code standards in place at the time of vesting. FWRC 19.75.130(3)(a)v: It is consistent with the public health, safety and welfare_ 8. The criterion is met for the reasons identified in Finding of Fact No. 5. RECOMMENDATION The Examiner recommends that the City Council approve the requested rezone application, which renders the 1991 CZA inapplicable to the Winco property. DATED this 24th day of October, 2023. Hearing Examiner for Federal Way Rezone Recommendation p. 6 Findings, Conclusions and Recommendation CITY OF Federal Way Land Use Process Recommendation and Staff Report September 29, 2023 Project Information CITY HALL 33325 Bth Avenue South Federal Way, WA 98003-6325 (253)835-7000 WWW.. cityoffederalway. C= Permit Numbers : No. 21-103294-UP / 21-103298-SE Project Name: WINCO FOODS CZA AMENDMENT City Staff Contact: Chaney Skadsen, Senior Planner City of Federal Way 33325 8th Ave South Federal Way, WA 98003 Chaney. skadsen(a-)cityoffederalway.com 253-835-2644 Applicant: Nathan Coombs Petersen-Staggs Architects, LLP 5200 West State St. Boise, ID 83703 Property Owner: WinCo Foods, LLC 650 N. Armstrong Place Boise, Idaho 83704 (208) 377-0110 Property Address: 160 SW Campus Drive, Federal Way, WA 98003 Parcel Number(s): 4159200710 Zoning District: Community Business (BC) with a Concomitant Zoning Agreement (CZA) containing specific conditions and limitations. Comprehensive Plan Designation: Community Business with a Concomitant Zoning Agreement (CZA) containing specific conditions and limitations. Adjacent Uses: North: Public Park (Panther Lake) South: Commercial/Medical Office (Starbucks & Dental Office) East: Institutional/ Residential (1s' Ave S, Panther Lake Elementary School, Fox Run Apartments) West: SW Campus Dr, Campus Highlands Division No. 03 Subdivision (Single Family neighborhood) Project Description: Amend existing Concomitant Zoning Agreement to remove its applicability to the WinCo Foods property. •yr J a! h T �� .—r C StIt y.kllh —ion t4o _ affll 3 :. :. . Vicinity Map II. BACKGROUND Site photo facing North, Provided by applicant August 10, 2021 Site photo facing the South, Provided by applicant August 10, 2021 Site photo facing the East, Provided by applicant August 10, 2021 Site photo facing the West, Provided by applicant August 10, 2021 On August 10, 2021 the Community Development Department of the City of Federal Way received a Process V (Exhibit A) and Process III Land Use application (file #21-103295-UP) and Environmental Checklist (file #21-103298- UP) proposing an amendment to an existing Concomitant Zoning Agreement (CZA) for the property located at 160 SW Campus Drive, parcel number 415920-0710 (WinCo Foods property). The property is currently zoned Community Business (BC), with additional regulations and restrictions on top of the base zoning as a result of the CZA, and is used as a WinCo Foods grocery store. On August 10, 2022 the Community Development Department received a letter from the applicant withdrawing the Process III Land Use application (file #21-103295-UP) and requesting that the City proceed only with review of a Process V Land Use application to amend the CZA (file #21-103294-UP) (Exhibit Q). The purpose of the proposed amendment to the CZA is to remove the CZA's applicability as to the WinCo Foods property entirely, leaving the WinCo Foods property zoned BC without any additional regulations or restrictions. The UPV Land Use application and decision are only related to the CZA amendment and if approved, will not grant land use approval of any site development. Any subsequent development of the property associated with this request may only be approved if found to be consistent with codes in effect at the time of application, including development regulations, clearing and grading, tree/vegetation retention, storm drainage, and transportation. Pursuant to Section 3 of the CZA, the "agreement may be amended by the City or the Owner by filing an application therefore, which shall be considered and heard in the same manner as a City -initiated quasi-judicial rezone of the property. Such action shall not release the Owner or the City from any obligation assumed under the CZA, unless and until such amendment has been approved by the City." Pursuant to Federal Way Revised Code (FWRC) 19.75, city -initiated quasi-judicial rezones must be reviewed and decided upon under Process V. Under Process V, the hearing examiner holds a public hearing and based on the record of that hearing makes a recommendation to city council, who will ultimately make the final decision on the application. III. REASON FOR THE REQUEST The original CZA limits allowable uses, establishes specific development standards, and is binding upon all of the Owners of the property, their heirs, successors in interest and assigns, and shall run with the land described (Exhibit 8). The applicant intends to partially redevelop the WinCo Foods grocery store located at 160 SW Campus Drive, parcel number 415920-0710. Under the current limitations outlined in the CZA, a proposal to expand the existing WinCo Foods grocery store to achieve a total footprint of 81,591 square feet would be prohibited, as this proposal exceeds the maximum allowed square footage allowed in the CZA, which is 45,000 square feet of gross leasable area. The applicant has requested to amend the CZA to entirely remove the WinCo Foods property from the requirements of the CZA, resulting in removal of the limitations on the allowed maximum square footage outlined in the CZA and returning the property to solely the regulations applicable in the underlining zoning district, Community Business (BC) (Exhibit C). The proposed CZA amendment does not amend, remove, or in any way alter the applicability of the CZA to the three other properties that are currently subject to the CZA, see Table 1 below for more information regarding the properties currently governed by the CZA. IV. DISCUSSION The City and Quadrant Corporation, a Washington corporation ("Quadrant") were parties to the original Concomitant Zoning Agreement dated July 24, 1990. The CZA applies to the following parcels outlined in Table 1 below. Table 1: Current Properties Governed by the CZA Parcel Existing Use 4159200710 Grocery (WinCo Foods) 4159200715 Medical Office Retail (Starbucks, Federal Way Modern Dentistry, Victoria Chang, DMD) 4159200720 Restaurant (IHOP) 4159200725 Surface Parking On June 4, 1991, the Federal Way City Council approved Ordinance No.91-99 (Exhibit D), rezoning an approximate 14-acre site located at the northwest corner of Southwest 348th Street and 1 st Avenue South from Single Family Residential (RS 9.6) to Community Business (BC) and adopting specific conditions as contained in the adopting ordinance. The rezone permitted development of the site consistent with the Community Business Land Use Classification of the City's Comprehensive Plan in effect at that time, as supplemented by the simultaneously adopted CZA. The CZA contains, among other things, limits to allowable uses on the property, specific development standards for maximum building size, fagade modulations, location of parking, buffers, open space, park development fees and surface water improvements. Pursuant to the CZA, all development of the property except with respect to the use and area of use provisions as set forth in Section 2B and the rear facade modulation provisions set forth in Section 2C, shall in all respects comply with the provisions and limitations of the Federal Way Zoning Code Chapter 45, Community Business District Regulations, as the same now exists or may hereafter be amended. The Federal Way Revised Code has been amended and restructured since the adoption of the CZA in 1991. The Community Business zone once outlined in Chapter 45 of the Federal Way Revised Code is currently outlined in Chapter 19.220 containing the applicable zoning and development regulations. The CZA further outlines that the allowable uses on the property shall be limited to those set forth in Chapter 40, Neighborhood Business District Regulations of the Federal Way Zoning b7 Code as the same now exists or may hereafter be amended with the exception of the following provisions per Section 2B: (i) Owner shall be permitted to develop on the property one grocery store of a size not to exceed 45,000 square feet gross leasable areas, and (ii) Owner shall be permitted to develop on the property one drug store of a size not to exceed 22,000 square feet of gross leasable area, and (iii) No vehicle service station use shall be permitted on the property. As discussed in Section II Background and Section III Reason for Request, the purpose of the proposed amendment to the CZA is to remove the applicability of the limitations on allowable size and maximum gross leasable area as to the WinCo Foods property to allow for a future potential expansion of the existing WinCo Foods grocery store. Under the current limitations set forth by the CZA, redeveloping a portion of the WinCo Foods property to expand the building and achieve a total footprint over 67,000 square feet is not allowed. The underlying zoning district of the WinCo Foods property is Community Business (BC). The BC zone allows a broad mix of uses, including general, specialty, and service retail; commercial; office; commercial/residential mixed -use; and supportive uses. Grocery stores are one of the permitted uses with in the BC zone and are not subject to a maximum square footage threshold per FWRC 19.220.010 Office/retail — Manufacturing and production, limited. Per Section 3 of the CZA the agreement may be amended by the City or the Owner by filing an application, which shall be considered and heard in the same manner as a City -initiated quasi-judicial rezone of the property. Such action shall not release the Owner or the City from any obligations assumed under the Concomitant Zoning Agreement, unless and until such amendment has been approved by the City. Seeking less restrictive limitations, the City received a request from the applicant for a City initiated quasi-judicial rezone. Pursuant to the Chapter 19.75 FWRC the request is treated as a non -project -related rezone and conducted pursuant to procedures of a non -project - related Process V "Quasi -Judicial Rezone." V. STATE ENVIRONMENTAL POLICY ACT The City of Federal Way issued a Determination of Nonsignificance (DNS) for the proposed action on May 27, 2022 (Exhibit F). This determination was based on review of information on file, including the environmental checklist and staff evaluation (Exhibit E) which resulted in the conclusion that the proposal would not result in probable significant adverse impacts on the environment. Pursuant to the requirements of FWRC 14.10.040(3) Notice of a threshold determination or environmental impact statement hearing on nonproject proposals shall be published in a newspaper of general circulation in the city, mailed to interested parties or agencies who have registered with the city, and posted in the City Hall and on the city web page. L The Notice of Determination of Nonsignificance was published in the Federal Way Mirror (Exhibit G); interested parties and agencies with jurisdiction (Exhibit H) were notified by e- mail; and property owners within 600 feet (Exhibit 1) were mailed notices. The site was also posted with two public notice boards (Exhibit J), and the notice was posted on the City's official notification boards per the Declaration of Distribution (Exhibit K). VI. PUBLIC COMMENT & NOTICE The City received one comment on June 6, 2022 during the 14-day comment period, which ended on June 10, 2022 (Exhibit L). The public comment concerned traffic impacts. The City considered the comment received. The appeal deadline concluded on July 1, 2022. There were no appeals of the environmental determination. In accordance with the requirements of FWRC 19.75.060 a Notice of Application was prepared was published in the Federal Way Mirror (Exhibit L) and a copy of the notice was mailed to persons receiving property tax statements for all property within 300 feet of each boundary of the subject property (Exhibit M), on September 15, 2023. See the Declaration of Distribution (Exhibit P). The on -site public notice boards and city's official notice boards were posted prominently on the site on September 28, 2023 (Exhibit N). 1. These findings are based on a review of city documents and items submitted by the applicant and received on August 10, 2021, and subsequent resubmittal date April 26, 2022. 2. The proposal is consistent with ensuring that the health, safety, and welfare of the citizens of the city is preserved. 3. The proposal meets all of the zoning standards as required by the CZA and the FWRC per analysis above. 4. The date of the notice of complete application included on the Notice of Application references the original Use Process III application. VII. PUBLIC HEARING In accordance with the requirements per FWRC 19.75.060, notice of the October 11, 2023 Hearing Examiner public hearing was included in the Notice of Application published in the Federal Way Mirror (Exhibit L) and included in the copy of the notice that was mailed to persons receiving property tax statements for all property within 300 feet of each boundary of the subject property (Exhibit M), on September 15, 2023. See the Declaration of Distribution (Exhibit P). The on -site public notice boards and city's official notice boards also included the notice of public hearing and were posted prominently on the site on September 28, 2023 (Exhibit N). VIII. ANALYSIS OF DECISIONAL CRITERIA Pursuant to the provisions agreed upon within the CZA, the agreement may be amended by the City, or the Owner by filling an application therefore, which shall be considered and heard in the same manner as a City -initiated quasi-judicial rezone of the property. The Federal Way Revised Code (FWRC) establishes review procedures and decisional criteria for deciding upon various types of land use applications. Pursuant to FWRC 19.75, application for a quasi-judicial rezone must be reviewed and decided upon under Process V. Under Process V, the Hearing Examiner will hold a public hearing and, based on the record of that hearing, make a recommendation to the city council, who will then decide upon the application. City -initiated quasi-judicial rezones of property are considered "non -project -related" under FWRC 19.75.020. As a result, the decisional criteria are as set forth in FWRC 19.75.130(3)(a). As stated in FWRC 19.75.130(3)(a), "Decisional Criteria." the Hearing Examiner shall use the following criteria for non -project quasi-judicial rezones: (a) The city may approve an application for a quasi-judicial non -project -related rezone only if it finds that: The proposed rezone is in the best interest of the residents of the city; and Staff response — The purpose of the proposed amendment to the CZA is to remove the applicability of the limitations on allowable size and maximum gross leasable area as to the WinCo Foods property. The proposed amendment would remove the long -outdated provisions of the 1991 CZA, and replace them with existing, modern, BC zoning. This modern zoning is more consistent with current best planning practices and will better reflect the more modern version of Federal Way that exists today, as opposed to over thirty years ago. As a result, the proposed amendment to the CZA and removal of the low square footage allowance for the existing grocery store is in the best interest of the residents of the city for the following reasons: Improved Access: A larger store may stock a greater variety of products, including fresher produce, a wider range of dietary options, and specialty items that were not previously available. This can lead to improved access to healthy and diverse food choices for the residents. Job Creation: Permitting the expansion of an existing grocery store could lead to the creation of more jobs, both during the construction phase and after the expansion is complete. This can have positive economic impacts on the local community by providing additional employment opportunities. Potential Tax Revenue: Permitting the expansion of an existing grocery store could generate increased tax revenue for the city through construction, increased property taxes, and increased sales taxes. This additional revenue can be used to fund public services, infrastructure improvements, and other community enhancing projects. ii. The proposed rezone is appropriate because either: A. Conditions in the immediate vicinity of the subject property have 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; Staff response — The request will remove the applicability of restrictive limitations to the buildable capacity of the WinCo Foods property adopted under the CZA. The maximum square footage allowances for the defined uses are no longer appropriate as the retail market has changed in the over 30 years since the limitations were originally established, and the surrounding population in the City has increased dramatically. iii. It is consistent with the comprehensive plan; Staff response — The request is consistent with the Federal Way Comprehensive Plan (FWCP) as the existing zoning of Community Business complies with the FWCP Community Business designation. No change is being requested to the Community Business zoning designation. The amendment to the Concomitant Zoning Agreement to remove the applicability of the Concomitant Zoning Agreement to the WinCo Foods property is consistent with the following FWCP policies: LUP40 — 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. EC7 — Promote an economic climate that is supportive of business formation, expansion, and retention, and emphasizes the importance of small businesses in creating jobs. EDG2 — Help attract, expand, and retain businesses, jobs, and investments that provide employment and enhance income opportunities for Federal Way residents. EDP8 — Promote the redevelopment of existing underdeveloped areas as a means to sustain the economy and provide jobs. Allowing the increased floor area is also consistent with the Land Use Concept in Chapter 2 of the FWCP, which states: "The land use concept should result in the following: Accommodation of adopted growth targets for households and jobs and Puget Sound Regional Council (PSRC) growth projections within the proposed land use plan area." Allowing the increased floor area is also consistent with the Land Use Concept in Chapter 2 of the FWCP, which states "The land use concept should result in the following: Accommodation of adopted growth targets for households and jobs and Puget Sound Regional Council (PSRC) growth projections within the proposed land use plan area." iv. It is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan; Staff Response — The proposed amendment to the CZA is consistent with the applicable provisions of the chapter and those adopted by reference of the comprehensive plan. See analysis above. v. It is consistent with the public health, safety, and welfare. Staff Response — The proposed amendment to the CZA removing the applicability of the CZA as to the WinCo Foods property is consistent with the public health, safety and welfare because as a result the applicant will no longer be restricted by the size and use limitations within the CZA allowing for improved access, job creation and potential additional tax revenue. Any additional project impacts, including traffic, will be addressed at time of project application. IX. STATEMENT OF FINDINGS Based on an analysis of the proposed action, environmental record, and related decisional criteria, the Department of Community Development finds that: 1. The application is for a quasi-judicial non -project -related rezone to amend an existing Concomitant Zoning Agreement approved on June 4, 1991 (Ordinance No. 91-99) to remove the applicability of the Concomitant Zoning Agreement to the WinCo Foods property (parcel 4159200710). 2. City -initiated quasi-judicial non -project -related rezone requests are a Use Process V application heard by the Hearing Examiner who makes a recommendation to the Federal Way City Council. 10 3. The Federal Way Comprehensive Plan (FWCP) designation for the subject property is Community Business. The Community Business designation supports the proposal as it allows for a broad mix of uses, including general, specialty, and service retail; commercial; office; commercial/residential mixed -use; and supportive uses. 4. A Notice of Master Land Use Application and Optional Determination of Nonsignificance was mailed to all property owners within 600 feet of the subject property on May 27, 2022. 5. An Environmental Determination of Nonsignificance (DNS) was issued for the proposed action on May 27, 2022. The City received no appeals of the SEPA determination and the SEPA appeal period has expired. 6. A Notice of Application and notice for the Public Hearing were published in the Federal Way Mirror and mailed to persons receiving property tax statements for all property within 300 feet of each boundary of the subject property, on September 15, 2023. The on -site public notice boards and city's official notice boards were posted prominently on the site on September 28, 2023. 7. The proposal has been reviewed for compliance with the FWRC and FWCP. The proposal meets decisional criteria for quasi-judicial non -project rezone requests in FWRC 19.75, as discussed in Section VIII above. 8. Any subsequent development of the property associated with this request may only be approved if found to be consistent with codes in effect at the time of application, including development regulations, clearing and grading, tree/vegetation retention, storm drainage, and transportation. 9. Additional Permitting Additional permitting, such as engineering review and/or building permits, are required for site development. It is the applicant's responsibility to identify and obtain all required City, State, federal, and other agency permits as may be required. X. RECOMMENDATION Based upon the application materials, Exhibits A thru P and the information contained in this Recommendation and Staff Report dated September 29, 2023 the Community Development Department recommends approval of the request of the non -project -related rezone amendment to the Concomitant Zoning Agreement to remove the applicability of the Concomitant Zoning Agreement to the WinCo Foods property. XI. EXHIBITS 11 A. Process V Application B. Original Concomitant Zoning Agreement C. First Amendment to Concomitant Zoning Agreement D. Ordinance No. 91-99 Adopting WinCo Foods Concomitant Zoning Agreement E. SEPA Environmental Checklist F. Determination of Nonsignificance (DNS) G. SEPA Notice of DNS Federal Way Mirror Classified Proof H. SEPA Notice of DNS Interested Parties and Agencies with Jurisdiction List I. SEPA Notice of DNS Property Owners within 600 feet Map and Addresses J. SEPA Notice of DNS Public Notice Boards K. SEPA Notice of DNS Declaration of Distribution L. June 6, 2022 Public Comment M. Notice of Public Hearing Federal Way Mirror Classified Proof N. Notice of Public Hearing Property Owners within 300 feet Map and Addresses O. Notice of Public Hearing Public Notice Boards P. Notice of Public Hearing Declaration of Distribution Q. WinCo Foods Process III Withdrawal Letter Transmitted to the Parties Listed Hereafter Federal Way Hearing Examiner Nathan Coombs, Petersen-Staggs Architects WinCo Foods LLC 12 Exhibit A. Process V Application 41k 101'::tSP Federal Way MASTER LAND USE APPLICATION 20-100084-PC, 21-103294-UPV, 21-103295-UPIII, APPLICATION No(s) 21-103298-SE & 21-103300-CN Project Name WINCO FOODS ADDITION Property Address/Location Parcel Number(s) 160 SW CAMPUS DRIVE 415920-0710 Project Description PIXASE PRINT DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 8`h Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 www.cityoffederalway.com Date 07/21/21 AMEND CZA, DEMOLISH THE EXISTING AUXILIARY BUILDING AND ADD 15,483 SF TO THE EXISTING WINCO FOODS STORE AT THE WEST END OF THE BUILDING. Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination X Preapplication Conference Process I (Director's Approval) Process 11 (Site Plan Review) X Process III (Project Approval) Process IV (Hearing Examiner's Decision) X Process V (Quasi -Judicial Rezone) Process VI Development Agreement X SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information BC - COMMUNITY BUSINESS Zoning Designation COMMUNITY BUSINESS Comprehensive Plan Designation $5,092,300 Value of Existing Improvements $13,350,000 Value of Proposed Improvements International Building Code (IBC): MERCHANTILE Occupancy Type TYPE V-B Construction Type Applicant Name: PETERSEN-STAGGS ARCHITECTS, LLP Address: 5200 WEST STATE ST. BOISE, IDAHO 83703 City/State: BOISE, IDAHO Zip: 83703 Phone: (208) 345-1462 Fax: (208) 345-1462 Email: nate_c a�psarch.com Signature: t I , I/ Agent (if different than Applicant) Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Owner Name: WINCO FOODS, LLC Address: 650 N. ARMSTRONG PLACE City/State: BOISE, IDAHO Zip: 83704 Phone: (208) 377-0110 Fax: Email: ronald.schrieber@wincofoods.com Signature: Bulletin #003 — February 14, 2019 Page 1 of 1 k:\Handouts\Master Land Use Application r% . a-- a %, r— Lq Exhibit B. Original Concomitant Zoning Agreement Re: County Superior Court 90-2-05209-5 I ILLY -Vi NA �&6g02—NCOMITA�NT ZQNING AGREEMEN�F_IwFEE 2.00 RE 1D F THIS AGREEMENT is entered into by and between Quadrant Corporation, a Washington corporation (the "Owner"),. and the City of Federal Way, Washington, a non -charter optional municipal code city incorporated under the laws of the state of Washington (the "Cityll) . WHEREAS, the City has authority to enact laws and enter into M agreements to promote the public health, safety and welfare of CDO C�its citizens, including laws and agreements which -control the use Oand development of the property within its jurisdiction, and WHEREAS, the Owner has an interest in certain property within the jurisdiction of the City described in Exhibit A, a copy of which is attached hereto and hereby incorporated in full I by this reference, and WHEREAS, the City and the Owner have agreed that the City shall initiate a rezone for a change of classification of the property to BC (Community Business) subject to the specific tations set forth in this Agreement, and � ; r, �^:=WHEREAS, the Owner recognizes and acknowledges the need for. -coriformance with the Comprehensive Plan and other applicable ti `�plri�s and regulations of the City relating to the use and yz J �eveiropment of the property, and WHEREAS, the Owner has indicated its willingness_ to cooperate with the City and its Department of Community Development to ensure compliance with all City ordinances and all other local, state and federal laws related to the use and development of the property, JDW00924A/0072.050.003 _1_ NOW, THEREFORE, in the event the property is classified by the City in accordance with the zoning classification contained in the Federal Way Zoning Code of BC (Community Business) with limitations as set forth in this Agreement and in_: consideration if such classification should be placed upon the property, the Owner does hereby covenant and agree as follows: 1. The Owner on behalf of itself, its successors in interest and assigns, hereby covenants to comply with all of the � terms and conditions of this Agreement in the event the City Ngrants a rezoning classification to the property of -.>BC (Community 0 Business) with limitations as set forth in this Agreement. If CT) such a classification is not granted by the City, then this Agreement shall be of no force and effect. 2. The Owner hereby agrees to be bound and to comply with the following conditions: A. All development of the property, except with respect to the use and area of use provisions as set forth in Section 2B below, and the rear facade modulation provisions set forth in Section 2C below, shall in all respects comr�l. with the provisions and µlimitations of the Federal Way Zoning Code, Chapter 45,�C �rnunity Business District Regulations, as the same now exists or may hereafter be amended, and specifically including all provisions and limitations relating to height, setback, lot coverage and other developmental regulations except.; to the extent as provided in Section 2B and 2C below. B. Allowable uses on the property shall be limited to (_ those set forth in Chapter 40, Neighborhood Business_ District JDW00924A/0072.050.003 -2- Regulations, of the Federal Way Zoning Code, as the same now exists or may hereafter be amended, including provisions regulating maximum square footage limitations on such uses, with the exceptions that (i) Owner shall be permitted to develop on the property one grocery store of a size not to exceed 45,000 square feet gross leasable area, and (ii) Owner shall be permitted to develop on the -d- property o"_ drug store of a size not to exceed 22,000 square C� CC) feet of gross leasable area, and O N(iii) no vehicle service station use shall be M C::D permitted on the property. CT) C. Facade modulation requirements for the rear facade of any proposed commercial development upon the property shall be governed by the facade modulation requirements of Chapter 55, Professional office District Regulations, of the Federal Way Zoning Code, as the same now exists or may hereafter be amended, as set forth on page 55-2, note 4 (office Uses). D. Sections 105.40 and 105.50 of the,_=Federal Way Zoning Code, as the same now exists or may hereafter be amended, - calls for parking areas to be located as far as possible from adjacent low density zoned property. Because of the topography of the property and the visibility of the property and those sites adjacent to it, the staff may consider site designs that - show parking on the property to be located generally in the western._ portion of the property, oriented towards S. W. Campus Drive. JDW00924A/0072.050.003 -3- E. Chapter 90 )of the Federal Way Zoning Code, as the same now exists or may hereafter be amended, - may require a 50 foot wide landscaped strip to be provided as a buffer on the property along the portion of its frontage on S. W. Campus Drive that is adjacent to low density zoned property. Section 90.25.9 of the Federal Way Zoning Code permits modification of such requirements in certain circumstances.. The existin topography or of the adjoining property mayA decrease thtneed for buffering. In the event that the Owner of the adjoining property agrees to a C� cc O modification of the buffering requirement for this property, co CN staff may consider alteration to buffering requirements for the O 0-) property. F. Owner agrees to grant to the City a recreational easement, in form and content as shall be approved by the City Attorney, over a portion of the property (the "Easement). The Easement shall include an area of approximately two acres, the boundaries of which shall be determined mutually by Owner and the City, -located generally in the northwest portion of the property in the area indicated on the map attached as Exhibit B. The Easement shall be developed and maintained by the City at the City's sole cost, subject to the conditions that (i) The City's development plan for the Easement shall be in accordance with the Master Plan for the Panther Lake Park and Recreation Area which plan is being developed by the., City. (ii) While no parking spaces shall be required for the use of the Easement, the Owner shall make no fewer than 20 JDW00924A/0072.050.003 -4- C Co C:D co C\J CY-) CZ) parking stalls available for joint use by users of the Easement and of Owner's property. (iii) The Easement area shall be regarded as open space and/or buffer and/or pervious surface ::toward the satisfaction of such.requirements for development of the property under the Federal Way Zoning Code. Provided, however, to the extent the property is planned to be developed under the Master Plan for the Panther Lake Park and Recreation Area, only the area remaining as pervious surface may be counted for such purposes. Attached hereto, identified as Exhibit B is a drawing illustrative of improvements that may be placed upon the Easement. Both parties hereto recognize that this Exhibit is for illustrative purposes and that the improvements may be greater or less than depicted in the Exhibit depending upon what is' established in the final Master Plan, adopted by the City, for the Panther Lake Park and Recreation Area. If the property undergoes site plan review prior to the park plan being completed, Exhibit B shall be used to calculate pervious surface area in the Easement. (iv) The City shall be responsible for maintenance of the Easement after construction of the improvements by the City and the City shall indemnify, defend and hold the Owner harmliess from any costs or claims for bodily injury or property damage arising out of or in connection with the use or enjoyment, - of the Easement by the City or any third party. This indemnification shall not require the City to indemnify the Owner from Owner's concurrent and/or sole negligence. JDW00924A/0072.050.003 -5- i�G. Upon satisfaction of the conditions set forth in section 21 below, Owner shall pay to the City the sum of $20,000.00 to be used by the City for the purpose of completing the preparation of the Master Plan for the Panther -Lake Park and Recreation Area which plan shall benefit Owner's property. In the event this sum is not paid prior to the completion and adoption of the Master Plan for the Panther Lake Park and Recreation Area then the $20,000.00 set forth in this paragraph shall be added to and applied. to the purposes set forth in paragraph 2H below. C� H. Upon satisfaction or the waiver by Owner of the CC CD Co conditions set forth in section 2J below, and in addition to the Osums required to be paid as set forth in paragraph 2G above, the Owner shall pay to the City the sum of $50,000.00 to be used by the City for the cost of construction of recreational improvements which Owner acknowledges will benefit their property and which may include the acquisition of capital assets for the purpose of maintaining said improvements. The priorities for expenditure of funds payable either under this::: paragraph or paragraph 2G above, shall be as follows: (i) The money shall be first expended to install the improvements in the Easement area in accordance with the Master Plan for the Panther Lake Park and Recreation Area. (ii) In the event funds remain over. and above__ completion of the improvements in the recreation easement area, then any remaining funds shall be applied to construction of improvements in accordance with the Master Plan for the remainder JDW00924A/0072.050.003 -6- IRd- Co O Co N M _ O 4 of the Panther Lake Park and Recreation Area outside of the Easement. I. Upon satisfaction of or waiver by the Owner of the conditions set forth in Section 2J below, owner shall undertake to construct, at Owner's sole expense, a storm water detention area on property identified and $ epicyd on the map attached hereto and identified as Exhibit J% /Said storm water detention and related drainage improvements must -in all respects comply with the then existing requirements of the City of Federal Way for such facilities. Weather permitting, and all necessary permits having been obtained, such work shall commence within 90 days of the date of the satisfaction or waiver of the conditions set forth in Section 2J below. The Owner shall, at its sole expense, obtain such permits as are required to -perform the work, including submitting such plans to the City for surface water and engineering review. Owner's obligation to conduct such work is expressly conditioned on Owner's ability to obtain such approvals as are necessary or incident to the performance of the work. If such approvals have not been obtained within two. ydars of the date of satisfaction or waiver by Owner of the -conditions set' forth in Section 2J below, exclusive of any appeal, administrative or judicial, of the City's approval of the necessary permits, then, in that event, Owner shall be excused from providing this additional storm water detention and related drainage improvement area except to the extent that it is necessary for any improvements to be constructed on Owner's property. Owner shall be responsible for ongoing maintenance of JDW00924A/0072.050.003 -7- 1 the drainage improvements. In the event Owner fails to properly maintain the drainage improvements, the City shall have the right, and is hereby granted a license for said purposes, to come upon the premises after notice and failure of Owner -to respond, and perform the necessary maintenance. The City shall be entitled to recover all of its costs incurred in connection with performing the necessary maintenance including consultant and legal fees times a multiplier of two. In the event that Owner shall fail to remit the funds thus.due to the City within 30 days of receipt of a statement for the same, the City shall have the d- right to place a lien upon the property and enforce the same as M Co O provided in state law for the foreclosure of a mortgage lien. CCD CM J. The obligations of the Owner as set forth in rD Sections 2G through 2I above are expressly conditioned on approval by the City of a site plan permitting development of the property. In the event of approval by the City of a site plan permitting development that is acceptable to the Owner, the monies provided for in Sections 2G and H above shall be due and owing and the obligation of Owner under paragraph..-;2I shall be deemed to exist immediately upon the expiration, of all appeal* periods relating in any way to the site plan approval or, in the event any such appeal is filed, satisfactory completion of litigation or other resolution of the appeal and entry of a final unappealable order upholding the site plan and development:.. proposal. Acceptance of the site plan by the Owner will be deemed to have occurred unless within ten days of the date of approval of the site plan by the City, the Owner notifies the JDW00924A/0072.050.003 -8- City in writing that the site plan approved is not accepted by. the Owner. Notwithstanding the foregoing, in the event that the Owner notifies the City of its nonacceptance of the site plan as approved, the obligations contained in paragraphs 2G, H and I shall continue in full force and effect and shall be conditions precedent to any development permit being issued to Owner or any subsequent developer of the property. In the event the Owner shall reject the site plan as approved, Owner shall have the option to reapply for a new site plan in accordance with then applicable regulations of the City or Owner may submit an application for reclassification of the co CD property in accordance with then existing regulations of the City CCD rV YID or Owner may apply to amend this Agreement subject to the time Qj limitations contained herein. K. Owner agrees that the property must be developed pursuant to a master site plan which shall fully and completely comply with all of the then existing regulations of the City and the conditions contained in this Agreement. The master -plan must show the ultimate development of_ the entire. site not including the recreation easement), including all buildings, anticipated uses, parking and circulation areas, other major improvements, buffers and surface water drainage and retention plan. The foregoing list is illustrative only and not exclusive. 3. At any time following one year after the -date hereof (or sooner if by mutual agreement of the parties), this Agreement may ' C be amended by the City or the Owner by filing an application JDW00924A/0072.050.003 -9- r therefore, which shall be considered and heard in the same manner as a City -initiated quasi judicial rezone of the property. Such action shall not release the Owner or- the City from any obligations assumed under this Agreement, unless and until such amendment has been approved by the City. 4. This Agreement is specifically enforceable by the parties in equity, and either party may instituted and prosecute any proceedings at law or in equity -to enforce the provisions of this Agreement. Each party further agrees to pay all of the other party's costs, including reasonable attorneys fees expended by the other party, if it prevails in any such enforcement et- M proceedings. CD O N5. Nothing in this Agreement shall be construed as M preventing the City of Federal Way from enforcing its O p g Y y g police powers. 6. This Agreement shall be binding upon all of the owners of the real property herein described and their heirs, successors in interest and assigns, and this Agreement shall run with the land described herein. - .7. At Owner's expense, this Agreement shall be recorded' with the King County Department of Records and Elections, and the terms and conditions hereof shall constitute a covenant running with the land. All building, occupancy and use permits hereafter applied for or issued shall be subject to the terms, conditions and limitations of this Agreement and the applicable ordinances and codes of Federal Way. Nothing herein shall be construed as requiring or obligating the City to issue any building, -occupancy or conditional use or other permit. JDW00924A/0072.050.003 -10- 8. The Quadrant Corporation, a Washington corporation, and the Owner of the property which is the subject matter of this Concomitant Zoning Agreement hereby covenants and warrants that it has title to the property which is the subject matter of this Agreement and can and -does hereby bind itself, the property and subsequent owners thereof to the terms, covenants and conditions contained in this Agreement. 9. The parties each acknowledge, represent and agree that they have read this Agreement and the Exhibits attached; that they fully understand the terms thereof; that they have been �t fully advised by their legal counsel, accountants and other CC) advisors with respect thereto; and that they are executed by them O CC) upon the advice and recommendation of the independent legal N � counsel. 7 fiK DATED this day of July, 1990. OWNER: THE QUADRANT CORPORATION By: Walter P. Costello: senior Vice President CITY OF FEDERAL WAY By: Br nt McFall City Manager JDW00924A/0072.050.003 -11- co O ATTEST/AUTHENTICATED: City Clerk, Ma ure M. Swaney STATE OF WASHI TON ) COUNTY OF ss: / ) I certify that I know or have satisfactory evidence that Walter P. Costello signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Senior Vice President of THE QUADRANT CORPORATION to be the free and voluntary act of such party for the uses and purposes menti.o his instrument. �a�5� Y F ., _ � rNOT�gF ti p,1 �V$t,IG 2 oc day of , 1990. Q-) STATE OF WASSHINGTON ) COUNTY OF / m G )ss: NOTC PUBLIL My d6mmission expires: I certify that I know or have satisfactory evidence that Brent McFall signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the City Manager of THE CITY OF FEDERAL WAY to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument . DATED this of , 1990. My commission expires://9.� JDW00924A/0072.050.003 -12- 0724/1990 15;(` -ROM FOSTER PEPPERSSHEFELMAN TG 6237789 P.02iO3 r �d- C� CD O C0 CLl CY7 O THE LAND REFERRED TO. IS SITUATED IN THE STATE OF WASHINGTON, COUNTY OF KING AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE EAST ONE-HALF OF SECTION 19, TOWNSHIP 21. NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER OF SAID SECTION_19; THENCE NORTH 87*58105" WEST 1166.05 FEET TO A POINT ON THE NORTHERLY MARGIN OF THE LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER $501170665, RECORDS OF SAID COUNTY, AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 81.45100" EAST 1052.64 FEET TO THE BEGINNING OF A CURVE CONCAVE T0. THE NORTHW-EST HAVING A RADIUS OF 30.00 FEET; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY 44.67 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85'18125" TO A POINT OF CUSP WITH THE WESTERLY MARGIN OF FIRST WAY SOUTH (FIRST AVENUE SOUTH) AS DESCRIBED IN DEED RECORDED UNDER RECORDING NO. 7306070524, RECORDS OF SAID COUNTY, SAID POINT OF CUSP BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 850.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 77.03125" WEST); THENCE SOUTHERLY 110.67 FEET ALONG SAID CURVE AND SAID WESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 07'27135" TO A RADIAL LINE OF SAID CURVE WHICH BEARS NORTH 84'31'00" WEST; THENCE CONTINUING ALONG SAID WESTERLY MARGIN ALONG SAID RADIAL LINE SOUTH 84.31100" EAST 8.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 842.00 FEET; THENCE SOUTHERLY AND SOUTHEASTERLY 227.54 FEET ALONG SAID CURVE AND SAID WESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 15'29'00"; THENCE CONTINUING SOUTH 10'00100" EAST 115.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 958.00 FEET; THENCE SOUTHERLY 186.42 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11'08'58"; THENCE CONTINUING SOUTH 01`08158" WEST 528.03 FEET TO SAID NORTHERLY MARGIN AND THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHERLY, SOUTHWESTERLY AND WESTERLY 39.26 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89'58'37"; (� C 07/24/1990 15i`` RON FOSTER PEPPER8SHEFELMAN T( l 6237789 P.03iO3 sd- (� CO ` .• D Cn Q ELG"--m THENCE CONTINUING ALONG SAID NORTHERLY MARGIN NORTH 88'52125" WEST 83.03 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS THENCE WESTERLY, NORTHWESTERLY AND OF OF 358FEET; -98 .n0 002 FEET ALONG 3.1 SAID CURVE AND SAID NORTHERLY MARGIN THROUGH A C ANGLE OF 82'15100'T, ENTRAL THENCE NORTH 6'37125" WEST 386.46 FEET:.TO THE BEGMXNG OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 702.00 FEET, THENCE NORTHERLY, NORTHWESTERLY- AND WESTERLY 920.47 FEET ALONG SAID CURVE AND SAID NoRnMgLY MARGIN THROUGH A CENTRAL ANGLE OF 75*0713511 TO THE TRUE POINT OF BEGINNING; BEING KNOWN AS THAT PORTION OF SOTS 3, 4 AND 5, BLOCK 5, LAKEWOOD, ACCORDING TO THE PLAT THEREOF RECORDED yN VOLUmE 16 OF PLATS, PAGE 35, RECORDS OF KING COUNTY, WASHING -TON, LYING NORTHEASTERLY OF THE NORTHWESTERLY MARGIN OF S.W. CAMPUS DRIVE; AND THAT PORTION OF BLOCKS 6, 12, 18 AND 24 OF SAID PLAT OF LAlzWOOD .AND STREETS BETWEEN SAID BLOCK VACATED BY KING COUNTY ORDINANCE NO. 3465, RECORDED UNDER RECORDING NO. 7711070558 AND AS VACATED BY KING COUNTY ORDINANCE NO. 7692,. APPROVED JIILY 13, 1986, LYING NORTHERLY, NORTHEASTERLY AND EASTERLY of THF. WEST MARGIN OF SOUTHWEST CAMPUS DRIVE, AND WESTERLY OF.THE WEST MARGIN OF I.ST AVENUE S.W. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Al TOTAL P.03 qkE .. f' '� 't�srrrrrxr • •:.�, :• ,z•, , �:r:•' �; =:t' =i�•t�.1�'�nLii�C[>a �'C"s';r:45:''; �_ •":: �'` •'�''''' "• � err i� xrJ:I.ri •ral>r � ..: ��c•:•�•: .`.•<•Lr:•y�+ .. l��}�:�aa't;,'F +' I � -rr �• .�. 1 �'h�H5r1 _ �}* t d.. �{: ;1�..1 i".'i'� �••'r: ':.i t'_'..:' y' . I / / I '.. •M1, •. : C� :4l ail£- 7� �...-�� v- f�'.!A � r'_• T�.iIF}%C'l )+, _ •�• rs. i.•• �.�'� ; •`5i:=� - 'a •r.: 'I.':�:h i 1 s k •,' m`^ r ,� ��, � _ � rs � ft"i■r°sd�r :..,•ti., 3' `..y- • fi. ,• .. �• .Rr�;. •k, __ �� /-s.-tip ..^�_ Y~ � - , ro�ct. C": •r ...�- y .'. �r. � \�� —` � r��«�� t JMIf/fW �Jt i��_c:. � •[~'••7. ry ��f•+y+`tar4TY•�: �17._r[i ACat f�4elrI +' t r , i .i c.•.y hi'ti�. l :r r=•e:s��t• .1 .l . % \ 1, vc x e' - •?_ oTr, ! F }ti s?-t 7S y ;i •�`'.:=r=ii�* rekw ILIL _ HF �, �aT� �;' s.r z :: _ . L • . �, t � � � :�, � 1 � �'�+J I Glrprr�,K.! . 'S(•'r; i::: •} . ^„�w�' '�:, ,.,,. FZ _ •.�� / / 1 , �lF6fGr�N� `• > � (iff der •r' s: �I ir:�.{�.r' � ', : s 1 I 1 ��++44�._�..,r��lF r//if lyfK r'.rY - '.'C.• •r!�•:i ".��\'• * � � t 7 1 � � �--'♦ __ 1 •`.:.. ;;. .si• .fir. wr; L • t � � � ^ 6 � 1 i • �rrN.�., f i r l 1tr�Cr�: :Y. Y" '`� ;i'�i ' ^ f � ; •y •' y Fes` � •'Z Z� +. I .. Etrrfp �I•. • �}. pIE3 ..� - ��' � � � '� � I � Try.- l,�i i�•} l�• r � _ wl TI { r . :r.ra• + � - ! •' � C_' ;::.' . c�C:'Fi+`�SiF.. ,c,{Y •'' -a,/ ;t�ks:rl • r � is w ..•:;•.: s r:. •. -c.: ' - - ' it i� � : �=; i; a•. +•' ;. - - �[ � `j�,_ � ••:. !i- � 'vim-•�,�::._e- � •��•,... �• ••� • 1 _ Exhibit C. First Amendment to Concomitant Zoning Agreement FIRST AMENDMENT TO CONCOMITANT ZONING AGREEMENT This First Amendment to Concomitant Zoning Agreement (this "First Amendment") is dated for reference purposes , 2023, and is made and entered into by and between the CITY OF FEDERAL WAY, a non -charter optional municipal code city incorporated under the laws of the State of Washington (the "City"), and WINCO FOODS, LLC, a Delaware limited liability company ("Owner"). RECITALS A. The City and Quadrant Corporation, a Washington corporation ("Quadrant") were parties to the Concomitant Zoning Agreement dated July 24, 1990 (the "Concomitant Zoning Agreement"). The Concomitant Zoning Agreement concerns a certain property as described in Exhibit A of the Concomitant Zoning Agreement, which was subject to subsequent binding site plan and boundary line adjustments, and which is currently legally described as follows: IOTA of City of Federal Way Boundary Line Adjustment No. 13-104768-00-SU, recorded December 24, 2013 under Recording No. 20131224900009, in King County, Washington. LOT B of that certain Boundary Line Adjustment No. 13-104768-00-SU recorded on December 24, 2013 in Volume 305, Page 78, as Instrument No. 2013224900009 in the official records of King County, Washington. LOT C of that certain Federal Way Binding Site Plan No. BSP97-0001 recorded on November 20, 2000 in Volume 141, Page 280, as Instrument No. 20001120900005 in the official records of King County, Washington. LOT D of that certain Boundary Line Adjustment No. 13-104768-00-SU recorded on December 24, 2013 in Volume 305, Page 78, as Instrument No. 20131224900009 in the official records of King County, Washington. Subject to Non -Exclusive easements contained in Declaration of Easements and Conditions, recorded April 24, 2000 under Recording No. 20000424000088 and amended by first amendment to Declaration of Easements and Conditions recorded November 29, 2000 under Recording No. 20001129000245 which was Re -Recorded January 10, 2017 under Recording No. 20170110000377 and as further amended by Second Amendment to Declaration of Easements and Conditions recorded February 22, 2017 under Recording No. 20170222000604. B. The City passed Ordinance No. 91-99, by City Council approval on June 4, 1991, with an effective date of June 12, 1991. This ordinance was for rezoning an approximate 14 acres site from a Single -Family Residential (RS 9.6) zone to a Community Business (BC) zone with conditions: 1) On -site mitigations sufficient mitigate all impacts of the development; 2) Off -site drainage mitigation measures at the maximum level anticipated within the terms of the 1 Concomitant Zoning Agreement; and 3) All other development conditions, and/or obligations, and/or terms as contained in the Concomitant Zoning Agreement. C. WinCo has requested to amend the Concomitant Zoning Agreement, and specifically Exhibit A to the Concomitant Zoning Agreement identifying the property subject to the agreement, to remove the applicability of the Concomitant Zoning Agreement to the property located at 160 SW Campus Drive, parcel number 415920-0710, as legally described as follows: LOT A of City of Federal Way Boundary Line Adjustment No. 13-104768-00-SU, recorded December 24, 2013 under Recording No. 20131224900009, in King County, Washington. D. The Concomitant Zoning Agreement, per Section 3, allows of the agreement to be amended by the City or the Owner by filing an application therefore, which shall be considered and heard in the same manner as a City -initiated quasi-judicial rezone of the property. Such action shall not release the Owner of the City from any obligations assumed under the Concomitant Zoning Agreement, unless and until such amendment has been approved by the City. E. A City initiated quasi-judicial rezone is treated as a non -project -related rezone and conducted pursuant to procedures of a non -project -related Process V "Quasi -Judicial Rezone" in accordance with the City of Federal Way Revised Code 19.75. Process V land use applications require a public hearing in front of the Hearing Examiner, and written recommendation from the Hearings Examiner and final decision from the City Council. AGREEMENTS The City and WinCo Foods, LLC agree to the following: 1. Amendment to the Concomitant Zoning Agreement. By way of application and approval process for a City -initiated quasi judicial, non -project -related rezone of the property, Exhibit A to the Concomitant Zoning Agreement is amended and replaced in its entirety with Exhibit A-1 to this First Amendment. [Signature page follows] 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Concomitant Zoning Agreement as of the date set forth above. CITY: City of Federal Way By: _ Name: Title: OWNER: WinCo Foods, LLC By: Name: Title: 3 EXHIBIT A-1 CONCOMITANT ZONING AGREEMENT AMENDED LEGAL DESCRIPTION LOT B of that certain Boundary Line Adjustment No. 13-104768-00-SU recorded on December 24, 2013 in Volume 305, Page 78, as Instrument No. 2013224900009 in the official records of King County, Washington. LOT C of that certain Federal Way Binding Site Plan No. BSP97-0001 recorded on November 20, 2000 in Volume 141, Page 280, as Instrument No. 20001120900005 in the official records of King County, Washington. LOT D of that certain Boundary Line Adjustment No. 13-104768-00-SU recorded on December 24, 2013 in Volume 305, Page 78, as Instrument No. 20131224900009 in the official records of King County, Washington. Subject to Non -Exclusive easements contained in Declaration of Easements and Conditions, recorded April 24, 2000 under Recording No. 20000424000088 and amended by first amendment to Declaration of Easements and Conditions recorded November 29, 2000 under Recording No. 20001129000245 which was Re -Recorded January 10, 2017 under Recording No. 20170110000377 and as further amended by Second Amendment to Declaration of Easements and Conditions recorded February 22, 2017 under Recording No. 20170222000604. 4 Exhibit D.Ordinance No. 91-99 Adopting WinCo Foods Concomitant Zoning Agreement ORDINANCE NO. 91-99 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REZONING AN APPROXIMATE 14 ACRE SITE LOCATED AT THE NORTHWEST CORNER OF SOUTHWEST 348TH STREET AND 1ST AVENUE SOUTH WITHIN THE CITY OF FEDERAL WAY FROM SINGLE-FAMILY RESIDENTIAL (RS 9.6) TO COMMUNITY BUSINESS (BC) WITH CONDITIONS, (RZ - 90-0001). WHEREAS, the City has applied for a non -project rezone of the property located at the northwest corner of Southwest 348th Street and 1st Avenue South within the city limits of Federal Way, and legally described in Exhibit A'attached hereto; and WHEREAS, prior to incorporation of the City of Federal Way, the site had been zoned by King County as Commercial (B-C-P District); and WHEREAS, the Single -Family Residential Zone (RS 9.6) was placed on the site in September of 1989 as an interim zone throughout the entire Federal Way community pending incorporation of the City of Federal Way; and WHEREAS, RS 9.6 Zone imposed by the King County Council was continued for this site by the Federal Way City Council following adoption of the City's Zoning Map and incorporation of the City on February 27, 1990; and WHEREAS, a lawsuit was commenced in King County Superior Court, Cause #90-2-05209-5, captioned Western Securities (WA) et al V. City of Federal Way, which action includes claims, counterclaims, cross -claims and controversies arising out of the zoning action taken by the City on the property described in ORIGINAL Exhibit A, the subject of this non -project rezone; and WHEREAS, on July 24, 1990, the City of Federal Way, Quadrant Corporation and Western Securities, Ltd., entered into a Settlement Agreement and Concomitant Zoning Agreement for this site which is intended to settle all claims, counterclaims, cross -claims and controversies asserted in Cause #90-2-05209-5; and WHEREAS, pursuant to the Settlement Agreement, the City agreed to initiate the non -project rezone process based upon adopted environmental and procedural requirements of the City; and WHEREAS, this non -project rezone application has been processed according to that procedure set out in the Settlement Agreement and Concomitant Zoning Agreement and the City Land Use Code; and WHEREAS, a public hearing on the non -project rezone was held before the Federal Way City Council on February 19, 1991; and WHEREAS, the public hearing was closed and Council deliberation was continued until May 14, 1991; and WHEREAS, on May 14, 1991, the City Council recommended that the non -project rezone be approved with three conditions; and WHEREAS, the Federal Way City Council adopted by reference the Findings of the City of Federal Way Department of Community Development's staff report dated January 30, 1991, and as set out fully herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: -2- Section 1. The City Council makes the following Findings of Specific Criteria pursuant to Federal Way Zoning Code 130.45 and 155.75.4: 1. The non -project rezone is in the best interests of the residents of the city. The proposed rezone would permit development of the site consistent with the current Business Land Use Classification of the City's Comprehensive Plan. Pursuant to a Settlement Agreement entered into between the City of Federal Way, Quadrant Corporation, and Western Securities, Ltd., the owners have agreed to upgrade existing surface water deficiencies in the vicinity of the site, and to contribute to the development of public parklands for Panther Lake Park and Recreation area. This rezone allows the site to be subject to specific conditions and limitations set forth in the Concomitant Zoning Agreement attached as an Exhibit to the Settlement Agreement, and attached to this ordinance as Exhibit B. The Concomitant Zoning Agreement limits allowable uses on the property to those uses permitted in the BN -3- (Neighborhood Business) District and establishes specific development standards and concomitants for: maximum building size; facade modulation; location of parking; buffers; open space; park development fees; and surface water improvements. 2. The proposed rezone is appropriate because the rezone will correct its own classification or its own boundary that was inappropriate when established. The present RS 9.6 Zone was originally placed on the site in September, 1989, by the King County Council, as an interim zone throughout the entire Federal Way community pending incorporation of the City of Federal Way. Prior to that time, the site had been zoned by King County as Commercial (B-C-P) District. The RS 9.6 Zone imposed by the King County Council was continued by the Federal Way City Council following adoption of the City's Zoning Map and incorporation of the City on February 27, 1990. On July 24, 1990, the City of Federal Way, Quadrant Corporation, and Western Securities, Ltd., entered into a -4- Settlement Agreement and Concomitant zoning Agreement for this site. Pursuant to the Settlement Agreement, the City agreed to initiate the rezone process based upon adopted environmental and procedural requirements of the City. 3. The non -project rezone is consistent with the, Comprehensive Plan. The site is currently designated as a Business Land Use Classification by the Comprehensive Plan. Business Classification is intended to provide centralized areas for retail, service, and professional office uses that are convenient to residential areas and the transportation network. These areas are the focus for community activities and the public facilities within neighborhoods and within the community as a whole (page 21, Federal Way Comprehensive Plan (FWCP)). Both the BC (Community Business) and BN (Neighborhood Business) Districts are allowable zoning classifications under the Business Land Use Classifications (page 23, FWCP). -5- 4. The non -project rezone is consistent with all applicable provisions of the Zoning Code. including those adopted b reference from the Comprehensive Plan. Future development of the site will be required to comply with provisions of the Zoning Code and other codes adopted by reference from the Comprehensive Plan. In addition, any future development of the site will be subject to terms of the Settlement Agreement and Concomitant Zoning Agreement between the City of Federal Way, Quadrant Corporation, and Western Securities, Ltd. 5. The non- ro'ect rezone is consistent with the Public health safety and welfare. The proposed rezone is consistent with the City of Federal Way Comprehensive Plan, terms of the Settlement Agreement and Concomitant Zoning Agreement and establishes procedures, conditions and commitments for the City and the owners for the proposed rezone in the event the property is rezoned and developed. In part, this Agreement was established for the protection of the public health, safety and welfare. MM. Section 2. The City Council of the City of Federal Way further makes the following Findings of Fact: 1. The site is designated as a Business Land Use Classification by the City of Federal Way Comprehensive Plan. 2. The non -project rezone action was processed in accordance with the Settlement Agreement between the City of Federal Way, Quadrant Corporation and Western Securities, Ltd. This Agreement established procedures, conditions and commitments on the City and the owners for this proposed rezone and ultimate development. 3. Approval of the rezone commits future development of this site to be subject to specific conditions and limitations set forth in the Concomitant Zoning Agreement prepared as an Exhibit to the Settlement Agreement, incorporated herein as Exhibit B. The Concomitant Zoning Agreement limits allowable uses on the property to those uses permitted in the BN (Neighborhood Business) District and establishes specific development standards and commitments for: maximum building size; facade modulation; location of parking; buffers; open space; park development -7- fees; and surface water improvements. 4. The BC Zone, limited to uses allowed in the BN District, pursuant to the Settlement Agreement and Concomitant Zoning Agreement, is consistent with locational criteria of the Business Classification of the Comprehensive Plan. 5. Access, utility and surface water facilities are available to the site. With on -site and off -site improvements, this infrastructure is capable of serving future commercial developments on the site. 6. Future development of the site will require specific project action and environmental review prior to the issuance of construction permits. 7. The rezone, implementing the Business land Use Classification of the Comprehensive Plan and provisions of the Settlement Agreement, is consistent with the public health, safety and welfare. 8. The rezone is consistent with decisional criteria required under Sections 130.45 and 155.75.4 of the Federal Way Zoning Code and as found in Section 1 -8- above. Section 3. The property legally described in Exhibit A attached hereto located at the northwest corner of Southwest 348th Street and 1st Avenue South within the City of Federal Way is rezoned from Single -Family Residential (RS 9.6) to Community Business Zone (BC), conditioned upon any future development providing: 1. On -site mitigations sufficient to mitigate all impacts of the development, and 2. Off -site drainage mitigation measures at the maximum level anticipated within the terms of the Concomitant Agreement, and 3. All other development conditions, and/or obligations, and/or terms as contained in the Concomitant Agreement between Western Securities, Ltd., Quadrant Corporation, and the City of Federal Way dated July 24, 1990, attached hereto as Exhibit B. Section 4. Severabilit . If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 5. Effective Date. This ordinance shall be effective five (5) days after passage and publication of an approved summary consisting of the title hereto. PASSED by the City Council of the City of Federal Way this 4th day of June , 1991. CITY OF FEDERAL WAY /--) -1) 19 -0�1' MAYOR, DEBRA ERTE ATTEST: TY CLERK URE N M. SWAN , CMC FILED WITH THE CITY CLERK: May 30, 1991 PASSED BY THE CITY COUNCIL: June 4, 1991 PUBLISHED: June 7, 1991 EFFECTIVE DATE: June 12, 1991 ORDINANCE NO. 91-99 91L590 -10- 0724/1990 15:00 FROM FOSTER PEPPERBSHEFELMRN TO 5237789 P.02/03 THE LAND REFERRED TO. IS SITUATED IN THE STATE OF WASHINGTON, COUNTY OF KING AND TS DESCRIBED AS FOLLOWS THAT PORTION OF THE EAST ONE-HALF OF SECTION 19, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER OF SAID SECTION 19; THENCE NORTH 87'58'05" WEST 1166.05 FEET TO A POINT ON THE NORTHERLY MARGIN OF THE LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER 8501170665, RECORDS OF SAID COUNTY, AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 81'45'00" EAST 1052.64 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 30.00 FEET; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY 44.67 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85-18125" TO A POINT OF CUSP WITH THE WESTERLY MARGIN OF FIRST WAY SOUTH (FIRST AVENUE SOUTH) AS DESCRIBED IN DEED RECORDED? UNDER RECORDING NO. 7306070524, RECORDS OF SAID COUNTY, SAID POINT OF CUSP BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE -Iz1' TO THE EAST HAVING A RADIUS OF 850.00 FEET (A RADIAL LINE � THROUGxi SAID BEGINNING BEARS NORTH 77'03'25" WEST); [D THENCE SOUTHERLY 110.67 FEET ALONG SAID CURVE AND SAID Lo WESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 07'27135" TO A N RADIAL LINE OF SAID CURVE WHICH BEARS NORTH 84'31'00" WEST; CD THENCE CONTINUING ALONG SAID WESTERLY MARGIN ALONG SAID --- RADIAL LINE SOUTH 84'31'00" r.A,ST 8.00 FEET TO THE BEGINNING O7 OF A NON -TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 842.00 FEET; THENCE SOUTHERLY AND SOUTHEASTERLY 227.54 FEET ALONG SAID CURVE AND SAID WESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 15'29100'°; THENCE CONTINUING SOUTH 10'00'00" EAST 115.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 958.00 FEET; THENCE SOUTHERLY 186.42 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11* 08'58"; THENCE CONTINUING SOUTH 01'08'58" WEST 528.03 FEET TO SAID NORTHERLY MARGIN AND THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHERLY, SOUTHWESTERLY AND WESTERLY 39.26 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89-58137"; EXH[81T L. - 07i24i1990 15:01 FROM FOSTER PEPPER8SHEFELMAN TO 6237789 P.03iO3 THENCE CONTINUING ALONG SAID NORTHERLY MARGIN NORTH 88*5212511 WEST 83.03 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 358.00 FEET; THENCE WESTERLY, NORTHWESTERLY AND NORTHERLX 513.92 FEET ALONG SAID CURVE AND SAID NORTHERLY MARGIN THROUGH A CENTRAL ANGLE OF 82`15100"; THENCE NORTH 6'37'25" WEST 386.46 FEET;.TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 702.00 FEET; THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY 920.47 FEET ALONG SAID CURVE AND SAID NORTHERLY MARGIN THROUGH A CENTRAL ANGLE OF 75'07'35" TO THE TRUE POINT OF BEGINNING; BEING KNOWN AS THAT PORTION OF LOTS 3, 4 AND 5, BLOCK 5, LAKEWOOD, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 16 OF PLATS, PAGE 35, RECORDS OF KING COUNTY, WASHINGTON, LYING NORTHEASTERLY OF THE NORTHWESTERLY MARGIN OF S.W_ CAMPUS DRIVE; AND THAT PORTION OF BLOCKS 6, 12, IS AND 24 OF SAID PLAT OF LAFEWOOD AND STREETS BETWEEN SAID BLOCK VACATED BY KING et COUNTY ORDINANCE NO. 3465, RECORDED UNDER RECORDING NO. AND AS VACATED BY KING COUNTY ORDINANCE NO. 7692, cc7711070558 O APPROVED DULY 18, 1986, LYING NORTHERLY, NORTHEASTERLY AND EASTERLY OF THE WEST MARGIN OF SOUTHWEST CAMPUS DRIVE, AND WESTERLY OF'.THE WEST MARGIN OF 1ST AVENUE S.W. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON_ crn TOTAL P.03 RECEIVED "4� �/, coply Re: King County Superior Court APR 2 6 MA Cause 90-2-05209-5 j r n r NAME JC / ONCOMITANT ZONING AGREEMENT_.. __ ` _, ,_ _ ` :74 ADDRESS • �-- - r - THIS AGREEMENT is entered into by and between Quadrant Corporation, a Washington corporation (the "Owner"), and the City of Federal Way, Washington, a non -charter optional municipal code city incorporated under the laws of the state of Washington (the "' City") . WHEREAS, the City has authority to enact laws and enter into Cagreements to promote the public health, safety and welfare of L0 its citizens, including laws and agreements which control the use CD and development of the property within its jurisdiction, and WHEREAS, the Owner has an interest in certain property C� within the jurisdiction of the City described in Exhibit A, a copy of which is attached hereto and hereby incorporated in full by this reference, and WHEREAS, the City and the Owner have agreed that the City shall initiate a rezone for a change of classification of the property to BC (Community Business) subject to the specific 'limitations set forth in this Agreement, and .'WHEREAS, the Owner recognizes and acknowledges the need for conformance with the Comprehensive Plan and other applicable plans -'and regulations of the City relating to the use and evel=opment of the property, and WHEREAS, the Owner has indicated its willingness to cooperate with the City and its Department of Community Development to ensure compliance with all City ordinances and all other local, state and federal laws related to the use and development of the property, JDW00924A/0072.050.003 -1- EXHIBIT --0—" NOW, THEREFORE, in the event the property is classified by the City in accordance with the zoning classification contained in the Federal Way Zoning Code of BC (Community Business) with limitations as set forth in this Agreement and in consideration if such classification should be placed upon the property, the owner does hereby covenant and agree as follows: 1. The Owner on behalf of itself, its successors in interest and assigns, hereby covenants to comply with all of the C� 0 terms and conditions of this Agreement in the event the City Ngrants a rezoning classification to the property of BC (Community CT--) C::D Business) with limitations as set forth in this Agreement. if CJ� such a classification is not granted by the City, then this Agreement shall be of no force and effect. 2. The Owner hereby agrees to be bound and to comply with the following conditions: A. All development of the property, except with respect to the use and area of use provisions as set forth in Section 2B below, and the rear facade modulation provisions set forth in Section 2C below, shall in all respects comply with the provisions and limitations of the Federal Way Zoning Code, Chapter 45, Community Business District Regulations, as the same now exists or may hereafter be amended, and specifically including all provisions and limitations relating to height, setback, lot coverage and other developmental regulations except to the extent as provided in Section 2B and 2C below. B. Allowable uses on the property shall be limited to those set forth in Chapter 40, Neighborhood Business District JDW00924A/0072.050.003 -2- Regulations, of the Federal Way Zoning Code, as the same now exists or may hereafter be amended, including provisions regulating maximum square footage limitations on such uses, with the exceptions that (i) Owner shall be permitted to develop on the property one grocery store of a size not to exceed 45,000 square feet gross leasable area, and (ii) Owner shall be permitted to develop on the property one drug store of a size not to exceed 22,000 square C.D feet of gross leasable area, and CI N(iii) no vehicle service station use shall be CY7 C7 permitted on the property. C. Facade modulation requirements for the rear facade of any proposed commercial development upon the property shall be governed by the facade modulation requirements of Chapter 55, Professional Office District Regulations, of the Federal Way Zoning Code, as the same now exists or may hereafter be amended, as set forth on page 55-2, note 4 (Office Uses). D. Sections 105.40 and 105.50 of the Federal Way Zoning Code, as the same now exists or may hereafter be amended, calls for parking areas to be located as far as possible from adjacent low density zoned property. Because of the topography of the property and the visibility of the property and those sites adjacent to it, the staff may consider site designs that show parking on the property to be located generally in the western portion of the property, oriented towards S. W. Campus Drive. JDW00924A/0072.050.003 -3- E. Chapter 90 of the Federal Way Zoning Code, as the same now exists or may hereafter be amended, may require a 50 foot wide landscaped strip to be provided as a buffer on the property along the portion of its frontage on S. W. Campus Drive that is adjacent to low density zoned property. Section 90.25.9 of the Federal Way Zoning Code permits modification of such requirements in certain circumstances. The existing topography or v+c a ue f' ,a'�i t e- rEc of the adjoining g property mays decrease th need for buffering. Cr'} In the event that the Owner of the adjoining property agrees to a LCD C� modification of the buffering requirement for this property, CCD CN staff may consider alteration to buffering requirements for the property. CT) F. owner agrees to grant to the City a recreational easement, in form and content as shall be approved by the City Attorney, over a portion of the property (the "Easement). The Easement shall include an area of approximately two acres, the boundaries of which shall be determined mutually by owner and the City, located generally in the northwest portion of the property in the area indicated on the map attached as Exhibit B. The Easement shall be developed and maintained by the City at the City's sole cost, subject to the conditions that (i) The City's development plan for the Easement shall be in accordance with the Master Plan for the Panther Lake Park and Recreation Area which plan is being developed by the City. (ii) While no parking spaces shall be required for the use of the Easement, the Owner shall make no fewer than 20 JDW00924A/0072.050.003 -4- parking stalls available for joint use by users of the Easement and of Owner's property. (iii) The Easement area shall be regarded as open space and/or buffer and/or pervious surface toward the satisfaction of such requirements for development of the property under the Federal Way Zoning Code. Provided, however, to the extent the property is planned to be developed under the Master Plan for the Panther Lake Park and Recreation Area, only the area remaining as pervious surface may be counted for such purposes. Attached hereto, identified as Exhibit B is a drawing -mot M illustrative of improvements that may be placed upon the LQ CD CND Easement. Both parties hereto recognize that this Exhibit is for M 0 illustrative purposes and that the improvements may be greater or Cn less than depicted in the Exhibit depending upon what is established in the final Master Plan, adopted by the City, for the Panther Lake Park and Recreation Area. If the property undergoes site plan review prior to the park plan being completed, Exhibit B shall be used to calculate pervious surface area in the Easement. (iv) The City shall be responsible for maintenance of the Easement after construction of the improvements by the City and the City shall indemnify, defend and hold the Owner harmless from any costs or claims for bodily injury or property damage arising out of or in connection with the use or enjoyment of the Easement by the City or any third party. This indemnification shall not require the City to indemnify the Owner from Owner's concurrent and/or sole negligence. JOW00924A/0072.050.003 -5- G. Upon satisfaction of the conditions set forth in Section 2J below, Owner shall pay to the City the sum of $20,000.00 to be used by the City for the purpose of completing the preparation of the Master Plan for the Panther Lake Park and Recreation Area which plan shall benefit Owner's property. In the event this sum is not paid prior to the completion and adoption of the Master Plan for the Panther Lake Park and Recreation Area then the $20,000.00 set forth in this paragraph shall be added to and applied to the purposes set forth in paragraph 2H below. C� H. Upon satisfaction or the waiver by Owner of the C.D CD Co conditions set forth in Section 2J below, and in addition to the C\.J sums required to be paid as set forth in paragraph 2G above, the C77 Owner shall pay to the City the sum of $50, 000. 00 to be used by the City for the cost of construction of recreational improvements which Owner acknowledges will benefit their property and which may include the acquisition of capital assets for the purpose of maintaining said improvements. The priorities for expenditure of funds payable either under this paragraph or paragraph 2G above, shall be as follows: (i) The money shall be first expended to install the improvements in the Easement area in accordance with the Master Plan for the Panther Lake Park and Recreation Area. (ii) In the event funds remain over and above completion of the improvements in the recreation easement area, then any remaining funds shall be applied to construction of improvements in accordance with the Master Plan for the remainder JDW00924A/0072.050.003 -6- of the Panther Lake Park and Recreation Area outside of the Easement. I. Upon satisfaction of or waiver by the Owner of the conditions set forth in Section 2J below, Owner shall undertake to construct, at Owner's sole expense, a storm water detention area on property identified and depicyd on the map attached hereto and identified as Exhibit f% Said storm water detention and related drainage improvements must in all respects comply with the then existing requirements of the City of Federal Way for such facilities. Weather permitting, and all necessary M permits having been obtained, such work shall commence within 90 CD AD Cdays of the date of the satisfaction or waiver of the conditions N © set forth in Section 2J below. The Owner shall, at its sole cr) expense, obtain such permits as are required to perform the work, including submitting such plans to the City for surface water and engineering review. Owner's obligation to conduct such work is expressly conditioned on Owner's ability to obtain such approvals as are necessary or incident to the performance of the work. If such approvals have not been obtained within two years of the date of satisfaction or waiver by owner of the conditions set forth in Section 2J below, exclusive of any appeal, administrative or judicial, of the City's approval of the necessary permits, then, in that event, Owner shall be excused from providing this additional storm water detention and related drainage improvement area except to the extent that it is necessary for any improvements to be constructed on Owner's property. Owner shall be responsible for ongoing maintenance of JDW00924A/0072.050.003 -7- the drainage improvements. In the event Owner fails to properly maintain the drainage improvements, the City shall have the right, and is hereby granted a license for said purposes, to come upon the premises after notice and failure of Owner to respond, and perform the necessary maintenance. The City shall be entitled to recover all of its costs incurred in connection with performing the necessary maintenance including consultant and legal fees times a multiplier of two. In the event that Owner shall fail to remit the funds thus due to the City within 30 days of receipt of a statement for the same, the City shall have the M right to place a lien upon the property and enforce the same as Co C� provided in state law for the foreclosure of a mortgage lien. CD c(\Ii J. The obligations of the Owner as set forth in CT) Sections 2G through 21 above are expressly conditioned on approval by the City of a site plan permitting development of the property. In the event of approval by the City of a site plan permitting development that is acceptable to the Owner, the monies provided for in Sections 2G and H above shall be due and owing and the obligation of Owner under paragraph 2I shall be deemed to exist immediately upon the expiration of all appeal periods relating in any way to the site plan approval or, in the event any such appeal is filed, satisfactory completion of litigation or other resolution of the appeal and entry of a final unappealable order upholding the site plan and development proposal. Acceptance of the site plan by the Owner will be deemed to have occurred unless within ten days of the date of approval of the site plan by the City, the Owner notifies the JDW00924A/0072.050.003 -8- City in writing that the site plan approved is not accepted by the Owner. Notwithstanding the foregoing, in the event that the owner notifies the City of its nonacceptance of the site plan as approved, the obligations contained in paragraphs 2G, H and I shall continue in full force and effect and shall be conditions precedent to any development permit being issued to Owner or any subsequent developer of the property. In the event the Owner shall reject the site plan as approved, Owner shall have the option to reapply for a new site plan in accordance with then applicable regulations of the City cr; or Owner may submit an application for reclassification of the CD CD property in accordance with then existing regulations of the City N cM or Owner may apply to amend this Agreement subject to the time O Q7 limitations contained herein. K. Owner agrees that the property must be developed pursuant to a master site plan which shall fully and completely comply with all of the then existing regulations of the City and the conditions contained in this Agreement. The master plan must show the ultimate development of the entire site (not including the recreation easement), including all buildings, anticipated uses, parking and circulation areas, other major improvements, buffers and surface water drainage and retention plan. The foregoing list is illustrative only and not exclusive. 3. At any time following one year after the date hereof (or sooner if by mutual agreement of the parties), this Agreement may be amended by the City or the Owner by filing an application JDW00924A/0072.050.003 -9- therefore, which shall be considered and heard in the same manner as a City -initiated quasi judicial rezone of the property. Such action shall not release the Owner or the City from any obligations assumed under this Agreement, unless and until such amendment has been approved by the City. 4. This Agreement is specifically enforceable by the parties in equity, and either party may instituted and prosecute any proceedings at law or in equity to enforce the provisions of this Agreement. Each party further agrees to pay all of the other party's costs, including reasonable attorneys fees expended by the other party, if it prevails in any such enforcement et- C�'-3 proceedings. CD CD LD 5. Nothing in this Agreement shall be construed as CYO preventing the City of Federal Way from enforcing its police 0 Cn powers. 6. This Agreement shall be binding upon all of the owners of the real property herein described and their heirs, successors in interest and assigns, and this Agreement shall run with the land described herein. 7. At Owner's expense, this Agreement shall be recorded with the King County Department of Records and Elections, and the terms and conditions hereof shall constitute a covenant running with the land. All building, occupancy and use permits hereafter applied for or issued shall be subject to the terms, conditions and limitations of this Agreement and the applicable ordinances and codes of Federal Way. Nothing herein shall be construed as requiring or obligating the City to issue any building, occupancy or conditional use or other permit. JDW00924A/0072.050.003 -10- 8. The Quadrant Corporation, a Washington corporation, and the Owner of the property which is the subject matter of this Concomitant Zoning Agreement hereby covenants and warrants that it has title to the property which is the subject matter of this Agreement and can and does hereby bind itself, the property and subsequent owners thereof to the terms, covenants and conditions contained in this Agreement. 9. The parties each acknowledge, represent and agree that they have read this Agreement and the Exhibits attached; that they fully understand the terms thereof; that they have been fully advised by their legal counsel, accountants and other CD advisors with respect thereto; and that they are executed by them CD CCD upon the advice and recommendation of the independent Legal N M CO counsel. � t h- DATED this 2 `t day of July, 1990. OWNER: THE QUADRANT CORPORATION By: �Z� L- Walter P. Costello senior vice President CITY OF FEDERAL WAY By: Br nt McFall City Manager JDW00924A/0072.050.003 -�]- et- C� LO 0 N C'+'7 L] �)7 ATTEST/AUTHENTICATED: ity Clerk, Maure M. owaney STATE OF WASHING4TON ) ) ss: COUNTY OF I certify that I know or have satisfactory evidence that Walter P. Costello signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Senior Vice President of THE QUADRANT CORPORATION to be the free and voluntary act of such party for the uses and purposes menti Z. cl) "t4OTAoyi. H 0 WASH� s instrument. day of % , 1990. NOT UBLT My commission expires: STATE OF WASSHINGTON ) COUNTY OF KI(J G ) ss: I certify that I know or have satisfactory evidence that Brent McFall signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the City Manager of THE CITY OF FEDERAL WAY to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED this ay of , 1990. � i r NOTARY PUBLIC My commission expires: JDW00924A/0072.050.003 -12- AN All : 7-- 5OX POND 'aiv 00 is r"Wre 11 0 140 4 Exhibit F. SEPA Environmental Checklist CITY OF � Federal Way Department of Community Development 33325 81 Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 www.ei!yoffederalwU.com SEPA ENVIRONMENTAL CHECKLIST Purpose of Checklist Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for Applicants This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use "not applicable " or "does not apply "only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision -making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for Lead Agencies Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of Checklist for Nonproject Proposals For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). Please completely answer all questions that apply and note that the words "project," "applicant," and "property or site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for non -projects) questions in Part B - Environmental Elements —that do not contribute meaningfully to the analysis of the proposal. Bulletin #050 — October 17, 2016 Page 1 of 26 k:\Handouts\Environmental Checklist CITY OF Federal Way A. BACKGROUND Name of proposed project, if applicable: WinCo Foods Store No. 43 Expansion. 2. Name of applicant: Petersen-Staggs Architects, LLP Nate Coombs, NCARB Address and phone number of applicant and contact person: 5200 W State Street Boise, ID 83703 208.345.1462 x 109 4. Date checklist prepared: April 15, 2022 Agency requesting checklist: City of Federal Way. Department of Community Development 33325 81h Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 www.citvoffederalway.com Proposed timing or schedule (including phasing, if applicable): Begin work in Fall 2022 with completion in 2024. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. This proposal covers two related applications associated with the same project site (File #21-103294 and File #21-103295). Outside of what is proposed in these two applications •'-�~�~� ~�''~� • ~ s ~� plans for additions, expansion, or further activities related to this proposal. ESnvironmental Review File #21-103298 8. List any environmental information you know about that has been prepare directly related to this proposal. A site -specific geotechnical report will be prepared for the proposed project. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. There are no known pending applications for governmental approvals of other proposals directly affecting the subject property. 10. List any government approvals or permits that will be needed for your proposal, if known. City of Federal Way SEPA Determination; Type III and Type V Land Use Approvals; Demolition Permit; Building Permit; and Lakehaven Sewer Service Connection Permit. Bulletin #050 - October 17, 2016 Page 2 of 26 k:AHandouts\Environmental Checklist Department of Community Development �� 33325 8" Avenue South CITY OF 1 Federal Way, WA 98003-6325 Federal Way ay 253-835-2607; Fax 253-835-2609 www.cityoffederalwa, 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) Land Use This proposal covers two related applications associated with the same project site: a Concomitant Permit Zoning Agreement amendment (File #21-103294, requiring a Use Process V approval) and a Buiidin Permit Application (File #21-103295, requiring a Use Process III approval).' File #21-103294 (UP10 - CZA Amendment: This application proposes an amendment to the existing Concomitant Zoning Agreement between the City of Federal Way and WinCo Foods. This amendment would add to Section 213 exceptions, item iv, to permit the Owner to construct a building addition to the existing grocery store building not to exceed 16,000 sq ft; with a total building area, to include the existing covered front canopy area, not to exceed 86,000 sq ft. Currently the existing WinCo Foods building utilizes the total grocery store (45,000 sq ft) and Land Use drug store (22,000 sq ft) maximum gross leasable square footage as outlined in the CZA, Permit Section 213. To allow for the proposed WinCo Foods addition (described under "Building Permit," below), an amendment to the CZA is required. An amendment to the CZA, per Section 3, is allowed by the City or the Owner by filing an application, which "shall be considered and heard in the same manner as a City -initiated quasi-judicial rezone of the property." File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: This application proposes the demolition of an existing auxiliary end cap restaurant building connected to the west wall of the existing WinCo Foods store to accommodate an addition to the WinCo Foods store. The existing WinCo Foods building is 66,108 sq ft, and the end cap building proposed for demolition is 8,760 sq ft. The proposed addition would add 15,483 sq ft to the existing WinCo Foods building, for a total footprint of 81,591 square feet. This final proposed square footage is 6,723 sq ft greater than that of the existing building footprint on site (WinCo Foods store plus auxiliary end cap building). The project would also include painting the exterior of the building, interior remodeling, associated site/utility improvements to accommodate the building addition, updated accessible parking/routing per current accessibility standards, and street frontage improvements as shown in the site plans. The total property area associated with this project is 8.43 acres. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. Proposed project is located at 160 SW Campus Drive, Federal Way, WA. King County TPNs: 415920-0710 & 415920-0725. Section 19, Township 21N, Range 04E, King County, WA. ' Unless otherwise indicated, responses provided in this checklist pertain to both of these proposal -related applications. However, some questions may necessitate a distinct response for each application; in this case, two separate bulleted responses will be provided, as in question 11 above. Bulletin #050 — October 17, 2016 Page 3 of 26 k:AHandouts\Environmental Checklist CITY OF Federal Way B. ENVIRONMENTAL ELEMENTS 1. Earth Department of Community Development 33325 8" Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 www.citvoffederalway.com General description of the site: (circle one):Flat rolling, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope)? While the vast majority of the site is flat (no more than 3% grade across site), the landscaped area at the eastern edge of the site (along 1st Avenue) is the exception with a slope of approximately 40%. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. According to the USDA Web Soil Survey map, the site contains Everett-Alderwood gravelly sandy loams, 6-15% slopes.This soil type is not classified as prime farmland. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No; per the King County iMap system, there are no indications of landslides or unstable soils in the immediate vicinity. e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. ■ File #21-103294 (UPI0 - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; it will not involve site alterations of any kind. Any future development on this site will be required to obtain all applicable permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: The proposed improvements to 1st Avenue will require approximately 550 cubic yards of fill for widening of the roadway. Fill will be sourced from an approved local borrow pit. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. ■ File #21-103294 (UPI - CZA Amendment: No; the proposed CZA amendment is a non - project action and will not involve any clearing or construction; further, it does not include any recommendations that would impact the current protections for impacts from erosion. Any future development on this site will be required to obtain all applicable permits and be subject to development regulations in effect at the time of permit application; permit plans will identify site grades and type or quantity of fill. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: Erosion is always possible during clearing, grading, and construction. BMPs will be used to limit erosion. After construction, the site will be stabilized with vegetation; no erosion is expected due to use of the completed project improvements. Bulletin #050 — October 17, 2016 Page 4 of 26 k:AHandouts\Environmental Checklist Department of Community Development 33325 8" Avenue South CITY OF 1 Federal Way, WA 98003-6325 Federal Way ay 253-835-2607; Fax 253-835-2609 www.cityoffederalwa, g. About what percent of the site will be covered with impervious surfaces after project construction(for example, asphalt or buildings)? ■ File #21-103294 (UPI - CZA Amendment: As a non -project action, the CZA amendment does not propose any new construction or development. Future development will be required to comply with applicable regulations at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: Approximately 85% of the site will be covered with impervious surfaces after construction is complete. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: ■ File #21-103294 (UPI - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; therefore, no mitigation measures are proposed at this time. Any future development on this site will be required to be in compliance with critical areas regulations pursuant to FWRC 19.145 and obtain all applicable permits in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: During construction, BMPs such as silt fencing, inlet protection, and covering exposed soils will be utilized to reduce erosion. BMPs will be updated as necessary to limit erosion impacts. Upon completion of construction, the site will be stabilized with vegetation including grass and landscaping. 2. Air a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. ■ File #21-103294 (UPI - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; further, it does not include any recommendations that would impact existing emissions regulations. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) -Master Land Use Application for a Land Use Decision: During construction, emissions from heavy equipment will be present but are expected to be minor. At completion, emissions will be created from vehicles driven by store patrons and delivery drivers entering and exiting the completed facility, consistent with the activity that currently exists on the site. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. Off -site sources of emissions and/or odors are present from traffic on adjacent roadways, as well as traffic from store patrons and delivery drivers entering/exiting the existing WinCo facility and other adjacent businesses. These existing sources of emissions and/or odors are not anticipated to affect the proposal. c. Proposed measures to reduce or control emissions or other impacts to air, if any: ■ File #21-103294 (UPI - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; therefore, no mitigation measures are proposed at this time. Any future development on this site will Bulletin #050 — October 17, 2016 Page 5 of 26 k:AHandouts\Environmental Checklist Department of Community Development 33325 8" Avenue South CITY OF 1 Federal Way, WA 98003-6325 Federal Way ay 253-835-2607; Fax 253-835-2609 www.cityoffederalwa, be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: Construction equipment will not be allowed to idle for extended periods of time. 3. Water a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. There is a mapped stream approximately 200 feet west of the westernmost WinCo parcel boundary. The stream is unnamed and appears to flow between Panther Lake (northwest of subject site) and the West Hylebos Wetlands Park (southeast of subject site) which contains Maralake and Brook Lake. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. ■ File #21-103294 (UP10 - CZA Amendment: The proposed CZA amendment is a non - project action and does not propose any specific construction or development activity. The impacts of future development on surface water will be evaluated on a project -by - project basis and, if future development is proposed in the vicinity of any streams, lakes, or wetlands, compliance with FWRC 19.145 Environmentally Critical Areas will be required. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: The proposed project will not require work over or in the described waters; however, frontage improvements are proposed along SW Campus Drive which will occur adjacent to the unnamed stream. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. ■ File #21-103294 (UPI - CZA Amendment: The proposed CZA amendment is a non - project action and does not propose any specific construction or development activity. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. • File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: No fill or dredge material will be placed in or removed from surface water or wetlands. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. ■ File #21-103294 (UPVf - CZA Amendment: The CZA amendment is a non -project action; as such, it does not propose any surface water withdrawals or diversions. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UP111) - Master Land Use Application for a Land Use Decision: No surface water withdrawals or diversions are proposed by the project. Bulletin #050 — October 17, 2016 Page 6 of 26 k:AHandouts\Environmental Checklist Department of Community Development 33325 8" Avenue South CITY OF 1 Federal Way, WA 98003-6325 Federal Way ay 253-835-2607; Fax 253-835-2609 www.cityoffederalwa, 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. According to FEMA FIRM Panel 53033C1250G, the proposal site is located within Zone X, an area of minimal flood hazard, and is not within a 100-year floodplain. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. ■ File #21-103294 (UP10 - CZA Amendment: The CZA amendment is a non -project action; as such, it does not propose any discharges of waste materials to surface waters. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: No discharges of waste materials to surface waters is proposed. The project site is currently connected to sanitary sewer provided by the Lakehaven Water & Sewer District. b. Ground Water: 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. ■ File #21-103294 (UP10 - CZA Amendment: The CZA amendment is a non -project action; as such, it does not propose any withdrawal of or discharges to groundwater. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: No groundwater will be withdrawn, and no discharges will be made to groundwater; the project site is currently connected to public water from the Lakehaven Water & Sewer District. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the following chemicals... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. ■ File #21-103294 (UPI - CZA Amendment: The CZA amendment is a non -project action; as such, it does not propose any discharges into the ground. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: No waste material will be discharged into the ground. The project site is currently connected to sanitary sewer provided by the Lakehaven Water & Sewer District. Bulletin #050 — October 17, 2016 Page 7 of 26 k:AHandouts\Environmental Checklist CITY OF Federal Way c. Water runoff (including stormwater): Department of Community Development 33325 8" Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 www.citvoffederalway.com Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. ■ File #21-103294 (UPI0 - CZA Amendment: The CZA amendment is a non -project action; as such, it will not result in additional sources of runoff. The amendment does not propose future actions that would affect how stormwater is managed on site. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPIII) - Master Land Use Application for a Land Use Decision: The source of stormwater runoff is from the existing building, proposed building expansion, existing parking lot, and 1st Avenue. Stormwater runoff will be collected and released downstream following existing flow paths. The proposed stormwater system will be designed per the 2021 KCSWDM. 2) Could waste materials enter ground or surface waters? If so, generally describe. ■ File #21-103294 (UPI0 - CZA Amendment: The CZA amendment is a non -project action; as such, it will not result in conveyance of waste materials to ground or surface waters. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: It is unlikely that waste materials could enter ground or surface waters as part of this proposal. Waste generated by the WinCo facility primarily consists of sanitary refuse which is stored in trash compactors and/or covered dumpsters prior to removal by a sanitary waste removal service. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. • File #21-103294 (UPI0 - CZA Amendment: The CZA amendment is a non -project action; as such, it does not propose any alteration to drainage patterns in the site vicinity. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPIII) - Master Land Use Application for a Land Use Decision: The proposed project will not alter or otherwise affect drainage patterns in the vicinity of the site. Existing stormwater conveyance paths will be maintained. The proposed stormwater system will be designed per the 2021 KCSWDM. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: ■ File #21-103294 (UPI - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; therefore, no mitigation measures are proposed. Any future development on this site will be subject to review under the City's SEPA implementing ordinance (FWRC Title 14). Surface water runoff control and water quality treatment will be required per the 2021 King County Surface Water Design Manual (KCSWDM) and the City of Federal Way Addendum to the manual. In addition, future development will be required to obtain all relevant permits and will be evaluated for water impacts in accordance with all plans, policies, rules, and regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: A stormwater detention basin will be constructed to manage stormwater from the project site in Bulletin #050 — October 17, 2016 Page 8 of 26 k:AHandouts\Environmental Checklist Department of Community Development 33325 8" Avenue South CITY OF 1 Federal Way, WA 98003-6325 Federal Way ay 253-835-2607; Fax 253-835-2609 www.cityoffederalwa, accordance with City of Federal Way requirements. The proposed stormwater system will be designed per the 2021 KCSWDM. 4. Plants a. Check the types of vegetation found on the site: x deciduous tree: alder, maple, aspen, other x evergreen tree: fir, cedar, pine, other x shrubs x grass pasture crop or gram orchards, vineyards or other permanent crops. wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? ■ File #21-103294 (UPI - CZA Amendment: The CZA amendment is a non -project action; as such, it does not propose any removal or alteration of vegetation. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: Approximately 12,000 sf. of vegetation will be removed as part of the 1st Avenue improvements, including grass, trees, and shrubs. Minor landscape adjustments will be made in the existing parking lot. c. List threatened and endangered species known to be on or near the site. Per the U.S. Fish & Wildlife's IPaC map system, there are no threatened or endangered plant species known to be on or near the site. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: ■ File #21-103294 (UPI - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; therefore, no specific measures to preserve or enhance vegetation are proposed. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) -Master Land Use Application for a Land Use Decision: Updated landscaping will be provided to meet or exceed minimum City of Federal Way requirements. e. List all noxious weeds and invasive species known to be on or near the site. Per King County's iMap, Tansy Ragwort, Spotted Knapweed, and Poison -Hemlock have been found near the site and/or on adjacent parcels. There are no known instances of noxious weeds or invasive species on the subject site, however, we are noting the potential based on available data. Bulletin #050 — October 17, 2016 Page 9 of 26 k:AHandouts\Environmental Checklist CITY OF Federal Way 5. Animals Department of Community Development 33325 8" Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 www.citvoffederalway.com List any birds and other animals which have been observed on or near the site or are known to be on or near the site. Examples include: birds: hawk, heron, eagle, n bir , other: typical crows and raptors found in urban environments mammals: deer, bear, elk, beaver, other: coyotes, opossum, raccoons, moles, voles, mice fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened and endangered species known to be on or near the site. According to the U.S. Fish & Wildlife IPaC mapping system, Gray Wolf (proposed endangered) and Marbled Murrelet (threatened), Streaked Horned Lark (threatened), Yellow -billed Cuckoo (threatened), and Bull Trout (threatened) are sensitive species potentially affected by activities in this site location. There is no known presence of the species listed above on the subject site; however, we are noting the potential. c. Is the site part of a migration route? If so, explain. Yes, the site is located within the Pacific Flyway migratory bird route. It is not anticipated that the proposal will impact the route. d. Proposed measures to preserve or enhance wildlife, if any: ■ File #21-103294 (UPVf - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; therefore, no specific measures to preserve or enhance wildlife are proposed. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: No measures to preserve or enhance wildlife are included in this proposal. e. List any invasive animal species known to be on or near the site. There are no invasive animal species known to be on or near the site. 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. ■ File #21-103294 (UP10 - CZA Amendment: The proposed CZA amendment would allow a total building area of 86,000 square feet on the subject site, which represents an increase of up to 6,723 square feet above the existing building area. It is possible that this potential increase in commercial square footage on site would cause a subsequent increase in energy needs on site. Specific energy needs that may occur as a result of this proposal will be reviewed at the time of future development. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: Electricity will be used for heating/cooling, lighting, and other fixtures related to the grocery store. Bulletin #050 — October 17, 2016 Page 10 of 26 k:AHandouts\Environmental Checklist Department of Community Development 33325 8" Avenue South CITY OF 1 Federal Way, WA 98003-6325 Federal Way ay 253-835-2607; Fax 253-835-2609 www.cityoffederalwa, b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. ■ File #21-103294 (UPVf - CZA Amendment: The proposed CZA amendment is a non -project action; as such, it will not affect the potential use of solar energy by adjacent properties. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UP111) - Master Land Use Application for a Land Use Decision: It is unlikely that the proposed project will affect potential use of solar energy by adjacent properties. The building expansion proposed will be constructed at an equivalent height to the existing WinCo store facility and is not anticipated to limit daylight exposure to adjacent properties. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: ■ File #21-103294 (UPI9 - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; therefore, no specific measures to reduce energy consumption are proposed. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: The proposed project will be constructed in accordance with current Washington State Energy Code requirements. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. 1) Describe any known or possible contamination at the site from present or past uses. Per a query of the Department of Ecology's What's In My Neighborhood map, the site is located within the ASARCO Tacoma Smelter Plume Area. There are no other known or possible known contamination sources or issues at the site. 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. There are no known existing hazardous chemicals/conditions that could affect the proposal or any future development and design on this site. Per a query of the National Pipeline Map System Public Viewer, the nearest underground hazardous liquid transmission pipeline is located approximately 1.44 miles from the site. Bulletin #050 — October 17, 2016 Page 11 of 26 k:AHandouts\Environmental Checklist Department of Community Development 33325 8" Avenue South CITY OF 1 Federal Way, WA 98003-6325 Federal Way ay 253-835-2607; Fax 253-835-2609 www.cityoffederalwa, 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. ■ File #21-103294 (UP10 - CZA Amendment: The proposed CZA amendment is a non - project action and does not propose any specific construction or development activity. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: Gasoline, diesel fuel, and oil may be stored and/or used during construction. At completion, household cleaners and janitorial chemicals may be stored, used, or offered for sale. No chemicals will be produced during development, construction, or operation of the completed project. 4) Describe special emergency services that might be required. ■ File #21-103294 (UPI - CZA Amendment: The proposed CZA amendment is a non - project action and does not propose any specific construction or development activity; therefore, it does not necessitate any special emergency services. Any future development on this site will be reviewed on a project -by -project basis and will be required to comply with all relevant development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: No special emergency services are anticipated. 5) Proposed measures to reduce or control environmental health hazards, if any: ■ File #21-103294 (UP10 - CZA Amendment: The proposed CZA amendment is a non - project action and does not propose any specific construction or development activity; as such, it is not expected to have direct environmental health impacts. Therefore, no specific measures are proposed at this time. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: Fuel and oil used during construction will be stored in sealed and approved containers. At completion, janitorial or cleaning chemicals will be stored/used in accordance with manufacturer's recommendations and local or state safety requirements; janitorial or cleaning chemicals offered for sale will be stored and sold in original packaging and/or in accordance with manufacturer's recommendations. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Noise from traffic on adjacent roads, entering/exiting adjacent parcels and entering/exiting the existing WinCo Foods facility exists in the area. These cited sources of noise are not anticipated to affect the proposal or any future development on this site. Bulletin #050 — October 17, 2016 Page 12 of 26 k:AHandouts\Environmental Checklist Department of Community Development 33325 8" Avenue South CITY OF 1 Federal Way, WA 98003-6325 Federal Way ay 253-835-2607; Fax 253-835-2609 www.cityoffederalwa, 2) What types and levels of noise would be created by or associated with the project on a short- term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. ■ File #21-103294 (UP10 - CZA Amendment: The proposed CZA amendment is a non - project action and does not propose any specific construction or development activity. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: Short- term noise will be created by heavy equipment and general contractor's tools during demolition and projectconstruction. Long-term noise will be created by traffic entering and exiting the completed project. 3) Proposed measures to reduce or control noise impacts, if any: ■ File #21-103294 (UPI - CZA Amendment: The proposed CZA amendment is a non - project action and does not propose any specific construction or development activity; therefore, no mitigation measures are proposed at this time. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations and approved city work hours in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: Construction equipment will be equipped with functional muffled exhaust systems and will not be allowed to idle for extended periods of time. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. ■ File #21-103294 (UPI - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; therefore, no direct impacts on land use are anticipated. Additionally, the CZA only applies to this particular site and does not govern development on any other properties. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: The site is currently used as a grocery store by the project proponent, WinCo Foods, as well as a takeout teriyaki restaurant. Uses to the east, across 1st Way S, are an elementary school and apartments; uses to the south are restaurants, Starbucks and IHOP; to the west is SW Campus Drive and vacant land; and to the north is Panther Lake Park, which also houses the Federal Way National Little League Complex. The project is not expected to affect existing uses on adjacent parcels. b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? The subject site has not been used as working farm or forest land. None of the subject parcels are held in farm or forest land resource designations for tax purposes or otherwise. Bulletin #050 — October 17, 2016 Page 13 of 26 k:AHandouts\Environmental Checklist Department of Community Development 33325 8" Avenue South CITY OF 1 Federal Way, WA 98003-6325 Federal Way ay 253-835-2607; Fax 253-835-2609 www.cityoffederalwa, 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: ■ File #21-103294 (UP10 - CZA Amendment: There is no working farm or forest land in the vicinity of the subject site. The site is part of the urbanized metropolitan area and is already developed, as are all its surroundings. ■ File #21-103295 (UPIII) - Master Land Use Application for a Land Use Decision: The proposed project is not anticipated to affect or be affected by surrounding working farm or forest land business operations, as there is no working farm or forest land in the vicinity. This will be an expansion of the existing site use. c. Describe any structures on the site. There is currently a 66,108 sq. ft. grocery store with an 8,760 sq. ft. end cap restaurant building on the site. d. Will any structures be demolished? If so, what? ■ File #21-103294 (UPI - CZA Amendment: The proposed CZA amendment is a non -project action; as such, it does not propose demolition of any structures. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPIII) - Master Land Use Application for a Land Use Decision: The proposal includes demolition of the 8,760 sq. ft. end cap restaurant. e. What is the current zoning classification of the site? The site is zoned BC - Community Business. The site is also subject to a Concomitant Zoning Agreement between the City of Federal Way and WinCo Foods. f. What is the current comprehensive plan designation of the site? The current comprehensive plan designation is BC - Community Business. g. If applicable, what is the current shoreline master program designation of the site? Not applicable; the site is not within a regulated shoreline area of Federal Way. h. Has any part of the site been classified as a critical area by the city or county? If so, specify. Per King County's iMap, the site is in an area of medium to high susceptibility to groundwater contamination and is located within a 5-year wellhead protection area. i. Approximately how many people would reside or work in the completed project? ■ File #21-103294 (UPI1) - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity. It is possible that the amendment's proposed increase in allowed commercial building area may lead to additional employees on site, but that is not known at this time. Specific impacts that may occur as a result of this proposal will be reviewed at the time of future development. ■ File #21-103295 (UPIII) - Master Land Use Application for a Land Use Decision: The project proposes an addition to an existing WinCo Foods grocery store facility, which may employ a few additional people related to the expansion of the building's square footage. Bulletin #050 — October 17, 2016 Page 14 of 26 k:AHandouts\Environmental Checklist Department of Community Development 33325 8" Avenue South CITY OF 1 Federal Way, WA 98003-6325 Federal Way ay 253-835-2607; Fax 253-835-2609 www.cityoffederalwa, j. Approximately how many people would the completed project displace? ■ File #21-103294 (UPIf7 - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; as such, no one would be displaced. Additionally, the site is already developed and there are no residential units currently provided on the site. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: No people will be displaced by the project; no residential units are currently provided on the site. k. Proposed measures to avoid or reduce displacement impacts, if any: ■ File #21-103294 (UPI - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; therefore, no mitigation measures are proposed at this time. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPIII) - Master Land Use Application for a Land Use Decision: No displacement impacts are anticipated; no measures are proposed. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: File #21-103294 (UPI - CZA Amendment: The proposed CZA amendment (Type V Land Use Review process) is a non -project action and does not propose any specific construction or development activity; therefore, no specific measures are proposed at this time. The proposed amendment is consistent with the City's comprehensive plan and future land use map, and does not change existing land uses on the subject property or adjoining properties. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: The Design proposed project will be designed to comply with current City of Federal Way development, building, an z guidelines. The proposed project will undergo a Type III and Type V Land Use Review process to ensure compatibility with local code requirements. in. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term commercial significance, if any: As the site and its surroundings are already developed, and there is no working farm or forest land in the vicinity, no impacts to agricultural and forest lands are anticipated; no measures are proposed. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. ■ File #21-103294 (UP%o - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; therefore, no housing units will be provided. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: No housing units will be provided by the proposed project. Bulletin #050 — October 17, 2016 Page 15 of 26 k:AHandouts\Environmental Checklist Department of Community Development 33325 8" Avenue South CITY OF 1 Federal Way, WA 98003-6325 Federal Way ay 253-835-2607; Fax 253-835-2609 www.cityoffederalwa, b. Approximately how many units, if any, would be eliminated? Indicate whether high-, middle-, or low-income housing. ■ File #21-103294 (UPI - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; therefore, no housing units will be eliminated. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: No housing units will be eliminated by the proposed project. c. Proposed measures to reduce or control housing impacts, if any: ■ File #21-103294 (UPI9 - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; therefore, no mitigation measures are proposed at this time. Any future development on this site will be required to obtain all relevant permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UP111) - Master Land Use Application for a Land Use Decision: No housing impacts are anticipated; no measures are proposed. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? ■ File #21-103294 (UPI - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity. Any future development on this site will be required to obtain all applicable permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: The tallest height of the proposed additional structure is 29 feet, 4 inches. The tallest height of the existing structure is 35 feet. The proposed principal exterior building material is split -face masonry. b. What views in the immediate vicinity would be altered or obstructed? ■ File #21-103294 (UPI1) - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity. Any future development on this site will be required to obtain all applicable permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: No views in the immediate vicinity will be altered or obstructed. c. Proposed measures to reduce or control aesthetic impacts, if any: ■ File #21-103294 (UPI1) - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; therefore, no specific measures are proposed at this time. Any future development on this site will be required to obtain all applicable permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: The proposed project will be designed to meet or exceed local design guidelines and requirements for construction. Bulletin #050 — October 17, 2016 Page 16 of 26 k:AHandouts\Environmental Checklist CITY OF Federal Way 11. Light and Glare Department of Community Development 33325 8" Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 www.citvoffederalway.com What type of light or glare will the proposal produce? What time of day would it mainly occur? ■ File #21-103294 (UP10 - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity. Any future development on this site will be required to obtain all applicable permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UP111) - Master Land Use Application for a Land Use Decision: The completed project is not expected to produce light beyond sentinel lighting near building entrances, exits, pathways, and parking areas, primarily at night. Glare is not anticipated beyond daylight reflection from glass entrance doors and exterior windows. b. Could light or glare from the finished project be a safety hazard or interfere with views? ■ File #21-103294 (UP10 - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity. Any future development on this site will be required to obtain all applicable permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) -Master Land Use Application for a Land Use Decision: It is unlikely that light or glare will create safety hazards or cause view interference. Low glare exterior lighting will be used to minimize impacts to safety or interference with views. c. What existing off -site sources of light or glare may affect your proposal? Adjacent businesses, traffic, and streetlights create off -site light and glare but are not anticipated to affect the proposal or any future development on this site. d. Proposed measures to reduce or control light and glare impacts, if any: ■ File #21-103294 (UP10 - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; as such, it will not have any specific light and glare impacts. Therefore, no specific mitigation measures are proposed at this time. Any future development on this site will be required to obtain all applicable permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: Low glare lighting and positioned shielding will be utilized to control light pollution and to reduce light and/or glare impacts to neighboring properties. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Recreational opportunities in the vicinity of the subject site include WinCo Park, West Hylebos Wetlands Park, Panther Lake Park, and the Federal Way National Little League Complex. b. Would the proposed project displace any existing recreational uses? If so, describe. ■ File #21-103294 (UP10 - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity. No impacts to or displacement of existing recreational uses are anticipated. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: The proposed project is not anticipated to displace any existing recreational uses. Bulletin #050 — October 17, 2016 Page 17 of 26 k:AHandouts\Environmental Checklist Department of Community Development 33325 8" Avenue South CITY OF 1 Federal Way, WA 98003-6325 Federal Way ay 253-835-2607; Fax 253-835-2609 www.cityoffederalwa, c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: ■ File #21-103294 (UPIf7 - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; no impacts to or displacement of existing recreational opportunities are anticipated. Therefore, no specific mitigation measures are proposed at this time. Any future development on this site will be required to obtain all applicable permits and be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UP111) - Master Land Use Application for a Land Use Decision: The existing WinCo facility currently contains a recreational area, WinCo Park; no additional recreation opportunities are proposed by the project, as no impacts to existing recreational uses are anticipated. 13. Historic and Cultural Preservation a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers ? If so, specifically describe. Per a query of the Department of Archaeology & Historic Preservation's Washington Information System for Architectural and Archaeological Records Data (WISAARD) database, there are no buildings, structures, or sites on or adjacent to the site listed in or eligible for listing in preservation registers. b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. Per the WISAARD database, the site is within a Tribal Area of Interest to the Muckleshoot, Samish, Puyallup, Suquamish, Tulalip, Squaxin, & Snoqualmie Indian Tribes. There are no known landmarks, features, or other evidence of Indian or historic use or occupation of the site, however, we are noting the potential Tribal significance. The WISAARD map indicates the project is in a blended area of risk to contain environmental factors with archaeological resources based on the Predictive Model map layer, ranging from low risk, moderate risk, and high risk. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. A query of the Department of Archeology & Historic Preservation's Washington Information System for Architectural and Archaeological Records Data (WISAARD I wisaard.dahp.wa.gov/Map) map was performed June 17, 2021. d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. ■ File #21-103294 (UPI - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; no direct impacts to existing resources are anticipated. Therefore, no specific measures are proposed at this time. Any future development on this site will be required to obtain all applicable permits and be subject to development regulations in effect at the time of permit application. Bulletin #050 — October 17, 2016 Page 18 of 26 k:AHandouts\Environmental Checklist Department of Community Development 33325 8" Avenue South CITY OF 1 Federal Way, WA 98003-6325 Federal Way ay 253-835-2607; Fax 253-835-2609 www.cityoffederalwa, ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: If resources are discovered during construction activities, operations will stop until a qualified archaeologist evaluates the situation and outlines a course of action. 14. Transportation a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. The site is accessed from two shared driveways off SW Campus Drive and one access road off 1st Avenue South. No new access roads or driveways are proposed. b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? Yes, the site is currently served by King County Metro (DART Route 903), with a bus stop located on the site at Campus Drive and 1st Avenue S. c. How many additional parking spaces would the completed projector non -project proposal have? How many would the project or proposal eliminate? ■ File #21-103294 (UPVf - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; it would not provide or eliminate any parking spaces. Specific changes to on -site parking that may occur as a result of this proposal will be reviewed at the time of future development. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: The proposed project will add 3 parking spaces and remove 1 parking space for a net increase of 2 spaces. d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). ■ File #21-103294 (UPVf - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity. Any future development on this site will be required to obtain all applicable permits and be subject to development regulations in effect at the time of permit application; specific transportation - related improvements that may be needed will be reviewed and conditioned at that time. File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: The proposed project will add a bike lane, widen the existing planter strip, and provide a wider pedestrian sidewalk along 1st Avenue. These improvements will occur primarily within the existing right-of-way, and additional right-of-way will be dedicated by WinCo to the City of Federal Way. Half -street frontage improvements and right-of-way dedication on SW Campus Drive may be required. A waiver is being submitted for review by the Public Works Director. In addition, this project will pay the City's required transportation impact fees. e. Will the projector proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No, the proposal will not use or occur in the immediate vicinity of water, rail, or air transportation. Bulletin #050 — October 17, 2016 Page 19 of 26 k:AHandouts\Environmental Checklist Department of Community Development 33325 8" Avenue South CITY OF 1 Federal Way, WA 98003-6325 Federal Way ay 253-835-2607; Fax 253-835-2609 www.cityoffederalwa, f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? ■ File #21-103294 (UPI - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity. Any future development on this site will be required to obtain all applicable permits and be subject to development regulations in effect at the time of permit application; project -specific trip generation would be estimated and reviewed at that time. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: The proposed project is expected to generate an additional 497 daily trips. This number was calculated using information in the ITE Trip Generation Manual. The PM Peak Hour is expected to experience the peak volumes, with an additional 46 trips. g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. ■ File #21-103294 (UPI9 - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; further, it does not enable any new construction or zoning changes that will impact the movement of agricultural and forest products on roads or streets in the area. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: No, the proposal is not anticipated to interfere with, affect, or be affected by the movement or agricultural and/or forest products on streets in the area. h. Proposed measures to reduce or control transportation impacts, if any: File #21-103294 (UPIf7 - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; therefore, no specific measures are proposed at this time. Any future development on this site will be required to obtain all applicable permits, pay the appropriate transportation impact fees, and may be required to dedicate right-of-way and/or construct frontage improvements. Additionally, future development will be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: Bike lanes and a widened sidewalk will be added along 1st Avenue to reduce transportation impacts, and additional 1st Avenue right-of-way will be dedicated to the City. Additionally, the proposed project will pay the City's required transportation impact fees. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. ■ File #21-103294 (UPIf7 - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; it will not have a direct impact on public services. Project -specific impacts that may occur as a result of this proposal will be reviewed at the time of future development. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: The completed project may require a nominal increase to public services such as police and fire protection. Bulletin #050 — October 17, 2016 Page 20 of 26 k:AHandouts\Environmental Checklist Department of Community Development 33325 8" Avenue South CITY OF 1 Federal Way, WA 98003-6325 Federal Way ay 253-835-2607; Fax 253-835-2609 www.cityoffederalwa, b. Proposed measures to reduce or control direct impacts on public services, if any. ■ File #21-103294 (UPVf - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity; therefore, no specific measures are proposed at this time. Any future development on this site will be required to obtain all applicable permits, pay the required impact fees, and be in compliance with International Fire Code. In addition, future development will be subject to development regulations in effect at the time of permit application. ■ File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: The proposed project will be designed to comply with the City of Federal Way's Crime Prevention Through Environmental Design (CPTED) Checklist to reduce crime and potential impacts to public services. 16. Utilities a. Circle utilities currently available at the site: lectricit atural ga water efuse servic telephon sanitary sewe , septic system, other b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. ■ File #21-103294 (UPVf - CZA Amendment: The proposed CZA amendment is a non -project action and does not propose any specific construction or development activity. Any future development on this site will be required to obtain all applicable permits and will be subject to development regulations in effect at the time of permit application. File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: The utilities proposed for this project, along with their respective providers, are as follows: Electricity: Puget Sound Energy Natural Gas: Puget Sound Energy Water: Lakehaven Water & Sewer District Refuse Service: Waste Management Northwest Telephone: Lumen (CenturyLink) Cable: Comcast Sanitary Sewer: Lakehaven Water & Sewer District Bulletin #050 — October 17, 2016 Page 21 of 26 k:AHandouts\Environmental Checklist CITY OF Federal Way C. SIGNATURE Department of Community Development 33325 81 Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 www.cityoffederalwa, The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying oo� them to make its decision. Signature: Name of *ee: Jason Bruhn, PE Position and Agency/Organization: SCE Alliance Date submitted: 4-19-2022 Bulletin #050 — October 17, 2016 Page 22 of 26 k:\Handouts\Environmental Checklist Department of Community Development 33325 8" Avenue South CITY OF 1 Federal Way, WA 98003-6325 Federal Way ay 253-835-2607; Fax 253-835-2609 www.cityoffederalwa, D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (IT IS NOT NECESSARY to use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? File #21-103294 (UP10 - CZA Amendment: This is a non -project action and does not propose any specific construction or development activity. No increase in runoff -generating surfaces, pollutants, or toxic waste production is anticipated as a result of the proposed CZA amendment, which would apply only to the subject site. The amendment would likely result in increased commercial building square footage on the already -developed site. Increased commercial building square footage may have temporary or permanent emissions and noise impacts. Any future development on this site will be required to obtain all applicable permits and will be subject to development regulations in effect at the time of permit application. File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: No increase in runoff - generating surfaces, pollutants, or toxic waste production is anticipated from the already -developed site. Increased commercial building square footage may have temporary or permanent emissions and noise impacts. Proposed measures to avoid or reduce such increases are: File #21-103294 (UPI - CZA Amendment: This is a non -project action and does not propose any specific construction or development activity. Any future development on this site will be required to obtain all applicable permits and be subject to development regulations in effect at the time of permit application for water; air emissions; production, storage, and release of toxic or hazardous substances; or noise pursuant to FWRC 19.145 Environmentally Critical Areas, FWRC Title 15 Shoreline Management, tree retention and landscaping standards per FWRC Title 19, the 2021 King County Surface Water Design Manual (KCSWDM) and the City of Federal Way Addendum to the manual. File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: Any future development on this site will be required to obtain all applicable permits and be subject to development regulations in effect at the time of permit application for water; air emissions; production, storage, and release of toxic or hazardous substances; or noise pursuant to FWRC 19.145 Environmentally Critical Areas, FWRC Title 15 Shoreline Management, tree retention and landscaping standards per FWRC Title 19, the 2021 King County Surface Water Design Manual (KCSWDM) and the City of Federal Way Addendum to the manual. Bulletin #050 — October 17, 2016 Page 23 of 26 k:AHandouts\Environmental Checklist Department of Community Development 33325 8" Avenue South CITY OF 1 Federal Way, WA 98003-6325 Federal Way ay 253-835-2607; Fax 253-835-2609 www.cityoffederalwa, 2. How would the proposal be likely to affect plants, animals, fish, or marine life? File #21-103294 (UPI - CZA Amendment: The proposed CZA amendment applies only to a single, fully -developed site and does not propose any specific construction or development activity. No impacts to any plants, animals, fish, or marine life are anticipated as a result of the proposed amendment. File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: No impacts to any plants, animals, fish, or marine life are anticipated as a result of the proposed building explanation. Proposed measures to protect or conserve plants, animals, fish, or marine life are: File #21-103294 (UP10 - CZA Amendment: is a non -project action and does not propose any specific construction or development activity. Any future development on this site will be required to obtain all applicable permits and be subject to development regulations in effect at the time of permit application pursuant to FWRC 19.145 Environmentally Critical Areas, FWRC Title 15 Shoreline Management, tree retention and landscaping standards per FWRC Title 19, the 2021 King County Surface Water Design Manual (KCSWDM) and the City of Federal Way Addendum to the manual. File #21-103295 (UPIII) - Master Land Use Application for a Land Use Decision: Any future development on this site will be required to obtain all applicable permits and be subject to development regulations in effect at the time of permit application pursuant to FWRC 19.145 Environmentally Critical Areas, FWRC Title 15 Shoreline Management, tree retention and landscaping standards per FWRC Title 19, the 2021 King County Surface Water Design Manual (KCSWDM) and the City of Federal Way Addendum to the manual. 3. How would the proposal be likely to deplete energy or natural resources? File #21-103294 (UPI - CZA Amendment: is a non -project action and does not propose any specific construction or development activity. No impacts to energy or natural resources are anticipated as a result of the proposed amendment. File #21-103295 (UP111) - Master Land Use Application for a Land Use Decision: No impacts to energy or natural resources are anticipated as a result of the proposed amendment. Proposed measures to protect or conserve energy and natural resources are: File #21-103294 (UPI - CZA Amendment: is a non -project action and does not propose any specific construction or development activity. Any future development on this site will be required to obtain applicable permits and be subject to development regulations in effect at the time of permit application and reviewed for potential impacts to energy and natural resources pursuant to the Federal Way Revised Code (FWRC) and International Building Code (IBC). File #21-103295 (UPIII) - Master Land Use Application for a Land Use Decision: Any future development on this site will be required to obtain applicable permits and be subject to development regulations in effect at the time of permit application and reviewed for potential impacts to energy and natural resources pursuant to the Federal Way Revised Code (FWRC) and International Building Code (IBC). Bulletin #050 — October 17, 2016 Page 24 of 26 k:AHandouts\Environmental Checklist Department of Community Development 33325 8" Avenue South CITY OF 1 Federal Way, WA 98003-6325 Federal Way ay 253-835-2607; Fax 253-835-2609 www.cityoffederalwa, 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? File #21-103294 (UP10 - CZA Amendment: The proposed CZA amendment applies only to a single, fully -developed site and does not propose any specific construction or development activity. No impacts to environmentally sensitive areas or areas designated for governmental protection are anticipated as a result of the proposed amendment. File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: No impacts to environmentally sensitive areas or areas designated for governmental protection are anticipated as a result of the proposed amendment. Proposed measures to protect such resources or to avoid or reduce impacts are: File #21-103294 (UPVf - CZA Amendment: is a non -project action and does not propose any specific construction or development activity. Any future development on this site will be required to obtain all applicable permits and be subject to development regulations in effect at the time of permit application and reviewed for potential impacts pursuant to FWRC 19.145 Environmentally Critical Areas, FWRC Title 15 Shoreline Management, and compliance with SEPA requirements, if necessary. File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: Any future development on this site will be required to obtain all applicable permits and be subject to development regulations in effect at the time of permit application and reviewed for potential impacts pursuant to FWRC 19.145 Environmentally Critical Areas, FWRC Title 15 Shoreline Management, and compliance with SEPA requirements, if necessary. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? File #21-103294 (UP10 - CZA Amendment: is a non -project action and does not propose any specific construction or development activity. The proposed CZA amendment applies only to a single, fully - developed site and does not propose any specific construction or development activity. No direct impacts to land and shoreline use are anticipated as a result of the proposed amendment. File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: No direct impacts to land and shoreline use are anticipated as a result of the proposed project. Proposed measures to avoid or reduce shoreline and land use impacts are: File #21-103294 (UP10 - CZA Amendment: is a non -project action and does not propose any specific construction or development activity. Any future development on this site will be required to obtain all applicable permits and be subject to development regulations in effect at the time of permit application and will conform to SEPA requirements, if necessary. File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: Any future development on this site will be required to obtain all applicable permits and be subject to development regulations in effect at the time of permit application and will conform to SEPA requirements, if necessary. Bulletin #050 — October 17, 2016 Page 25 of 26 k:AHandouts\Environmental Checklist Department of Community Development 33325 8" Avenue South CITY OF 1 Federal Way, WA 98003-6325 Federal Way ay 253-835-2607; Fax 253-835-2609 www.cityoffederalwa, 6. How would the proposal be likely to increase demands on transportation or public services and utilities? File #21-103294 (UPI - CZA Amendment: is a non -project action and does not propose any specific construction or development activity. The proposed CZA amendment applies only to a single, fully - developed site and does not propose any specific construction or development activity; therefore, it will not directly impact transportation or public services and utilities. The amendment may facilitate increased commercial building square footage on site, which could potentially result in minor increases in demand on transportation or public services and utilities in the future. File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: will not directly impact transportation or public services and utilities. The amendment may facilitate increased commercial building square footage on site, which could potentially result in minor increases in demand on transportation or public services and utilities in the future. Proposed measures to reduce or respond to such demand(s) are: File #21-103294 (UP10 - CZA Amendment: is a non -project action and does not propose any specific construction or development activity. Any future development on this site will be required to obtain all applicable permits and be subject to development regulations in effect at the time of permit application, and will also be required to pay transportation impact fees. Because the site is located on a bus line, applications for future development on the site will be reviewed by the city's Public Works department and routed to the relevant transit agencies. File #21-103295 (UPlll) - Master Land Use Application for a Land Use Decision: Any future development on this site will be required to obtain all applicable permits and be subject to development regulations in effect at the time of permit application, and will also be required to pay transportation impact fees. Because the site is located on a bus line, applications for future development on the site will be reviewed by the city's Public Works department and routed to the relevant transit agencies. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. This proposal has no known conflicts with local, state, or federal laws. Bulletin #050 — October 17, 2016 Page 26 of 26 k:AHandouts\Environmental Checklist Exhibit F - Revised CITY OF Federal Way May 20, 2022 Nathan Coombs Petersen-Staggs Architects, LLP 5200 West State Street Boise, ID 83703 Community Development Department 33325 8tn Avenue South Federal Way WA 98003 253-835-2607; Fax 253-835-2609 www.cityoffederalwqy.com Re: Files #21-103294-UPV, 21-103295-UPIII, & 21-103298-SE; TECHNICAL COMMENT LETTER WinCo Foods Expansion & Amendment to Concomitant Zoning Agreement & SEPA 160 SW Campus Drive Unit A, Federal Way Dear Mr. Coombs: The city has reviewed the environmental checklist submitted with the Use Process III and Use Process V application for the WinCo Food Expansion and Amendment to Concomitant Zoning Agreement project located 3160 SW Campus Drive Unit A. It has been determined that the proposal will not have a probable significant adverse impact on the environment. As a result, an Environmental Impact Statement (EIS) is not required to comply with the State Environmental Policy Act (SEPA). A copy of the Determination of Nonsignificance (DNS) is enclosed. A 14-day comment period is required by the SEPA rules (WAC 197-11-340). A notice inviting comments will be published in the Federal Way Mirror, posted onsite, posted on the city website, and mailed to all property owners within 600 feet of the site and agencies on May 27, 2022. The city will prepare three Public Notice Boards that the applicant will be responsible for posting on site by May 27, 2022. Further posting instructions and the notice boards will be available for pick-up at Will Call at the Receptionist Desk on the 2nd floor of City Hall on May 23, 2022. At the end of the comment period, the department will determine if the DNS should be withdrawn, modified, or issued as proposed. All final determinations may be appealed within 21 days (July 1, 2022) following the comment deadline. No licenses, permits, or approvals will be issued until completion of the appeal period. Our decision not to require an EIS does not mean that the license, permit, or approval you are seeking from the city has been granted. Approval or denial of the proposal will be made by the appropriate administrative or legislative body vested with that authority. After a final decision has been made on your proposal (i.e., after a permit has been issued), you may, but are not required to, publish a Notice of Action as set forth in RCW 43.21 C.075. The Notice of Action sets forth a time period after which no legal challenges regarding the proposal's compliance with SEPA can be made. A copy of the Notice of Action form and copies of RCW 43.21C.080 and WAC 197-11-680 providing instructions for giving this notice are available from the Department of Community Development. The city is not responsible for publishing the Notice of Action. However, the city is responsible for giving a notice (to parties of record) stating the date for commencing a judicial appeal (including the SEPA portion of that appeal) if your proposal is one for which the city's action on it has a specified time period within which any court appeals must be made. Questions regarding the environmental review component should be directed to me at Chaney.Skadsen@cityoffederalway.com, or 253-835-2644. Sincerely, Chaney Skadsen, Senior Planner Enc: DNS Cc: Cole Elliott, Development Services Manager Sarady Long, Senior Transportation Planning Engineer Exhibit G. SEPA Notice of DNS Federal Way Mirror Classified Client 'EM242141 -City of Federal Way- LEGALS Phone (253) 835-2501 Address Community Services, 33325 8th Ave S. E-Mail 1Gabriela.Vazquez@cityoffederalway.com .Federal Way, WA, 98003 Fax Order# 955306 Requested By -I GABRIELA VASQUEZ Order Price $127.54 Classification 3030 - Legal Notices PO # IDNS Tax 1 $0.00 Start Date 05/27/2022 Created By 18280 Tax 2 $0.00 End Date 05/27/2022 Creation Date J 05/23/2022, 02:20:46 pm Total Net $127.54 Run Dates 1 4 Payment $0.00 Publication(s) Federal Way Mirror Sales Rep 9470 - Jennifer Tribbett Phone (360)802-8212 E-Mail jribbett@courierherald.com Fax Proofed by Jennifer Tribbett, 05/23/2022 02:21:31 pm Page: 1 Classified Proof GTV OF Federal Way STATE ENVIRONMENTAL POLICY ACT (SEPA) NOTICE OF DETERMI- NATION OF NONSIG- NIFICANCE (DNS) WinCo Foods Expansion & Amendment to Concomitant Zoning Agreement State Environmental Policy Act Threshold Determination (file #21- 103298 SE), Use Process III (File #21-103295 UP), Use Process V (File #21- 103294 UP), and Con - currency (File #21- 103300 CN) Project Description: The project proposes to demolish an existing 8,760 square foot auxil- iary/retail lease space connected to the west wall of the existing Win - Co Foods store to ac- commodate an addition to the WinCo Foods store for an additional 15,483 square feet and a total expanded foot- print of both new and ex- isting building of 81,591 square feet. The propo- sal exceeds the maxi- mum size allowed per the 1990 Concomitant Zoning Agreement. To increase the maximum size limitation an amend- ment to the Concomitant Zoning Agreement is re- quired and included in the proposal. In addition, the project includes landscaping and site im- provements. Applicant: Nathan Coombs, PetersenStaggs Archi- Proofed by Jennifer Tribbett, 05/23/2022 02:21:31 pra Page: 2 Classified Proof tects, LLP 5200 West State Street, Boise, ID 83703 Project Location: 160 SW Campus Drive Unit A, Federal Way, Parcel #415920 0710 Lead Agency: City of Federal Way Staff Contact: Senior Planner, Chaney Skad- sen, 253-835-2644, chaney.skadsen(rD cityoffederalway.com Environmental Review: The lead agency for this proposal has determined that it does not have a probable significant ad- verse impact on the en- vironment, and an envi- ronmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public by request and at: https:Hcfwd ms1.cfw.lo- caVWebLink/Browse. aspx?id=896593&d b id=0 &repo=CitVOfFederal Wav This DNS is issued un- der WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date below. Comments must be submitted by 5:00 p.m. on June 10, 2022. Email comments should be directed to planning(& cityoffed era Iway.com. Unless modified by the city, this determination will become final follow- ing the above comment deadline. Any person aggrieved of the city's fi- nal determination may file an appeal. Anyone may appeal this determi- nation to the Federal Way City Clerk (address below), no later than 5:00 p.m. on July 1, 2022, by a written letter stating the reason forthe appeal of the determina- tion, along with the re- quired appeal fee. You should be prepared to make speck factual ob- jections. All appeals shall contain a specific statement of the reasons why the decision of the responsible official is al- leged to be in error. Published in the Feder- al Way Mirror on May 27, 2022 #955306 Proofed by Jennifer Tribbett, 05/23/2022 02:21:31 pm Page: 3 Exhibit H. SEPA Notice of DNS Interested Parties and Agencies with Jurisdiction List DEPT OF ECOLOGY -- SEPA UNIT J SCOTT TODD VIA SRS PORTAL KING COUNTY HISTORIC PO BOX 47703 FEDERAL WAY HISTORICAL SOCIETY PRESERVATION PROGRAM OLYMPIA WA 98504-7703 contactus6a�federalwayhistory.org 201 S JACKSON, STE 700 separegister(LDecy.wa.gov SEATTLE WA 98104 todd.scott(@kingcounty.gov DEPT OF ARCHAEOLOGY & HISTORIC PRESERVATION PO BOX 48343 OLYMPIA WA 98504-8343 sepa(@dahp.wa.gov MUCKLESHOOT INDIAN TRIBE FISHERIES DIVISION ENVIRONMENTAL REVIEWER 39015 172ND AVE SE AUBURN WA 98092 glen.stamant@muckleshoot.nsn.us SOUTH KING FIRE & RESCUE 31617 1 sc AVE S FEDERAL WAY WA 98003 chris.cahan(a)southkingfire.org ATTN: SEPA REVIEW PUGET SOUND CLEAN AIR AGENCY 1904 - 3RD AVE, STE 105 SEATTLE WA 98101-3317 sepa(a)pscleanair.orq SOLID WASTE DIVISION KING CO DEPT OF NATURAL RES 201 S JACKSON ST, STE 701 SEATTLE WA 98104-3855 TPIaceThurlow(a�kingcounty.gov WASH ENVIRON COUNCIL 1402 - 3RD AVE, STE 1400 SEATTLE WA 98101-2179 wec(@wecprotects. orq PSRC GROWTH MANAGEMENT DEPT 1011 WESTERN AVE, #500 SEATTLE WA 98104-1040 eharris(a)psrc.orq DUFFY MCCOLLOCH WSDOT SOUTH KING COUNTY PO BOX 330310 SEATTLE WA 98133-9710 mccolld(a)wsdot.wa.gov PUYALLUP TRIBE OF INDIANS 3009 E PORTLAND AVE TACOMA WA 98404 separeview(@puyalluptribe-nsn.qov LAURA MURPHY TRIBAL ARCHAEOLOGIST MUCKLESHOOT INDIAN TRIBE 39015 172ND AVE SE AUBURN WA 98092 laura.murphy@muckleshoot.nsn.us BRIAN ASBURY LAKEHAVEN UTILITY DIST PO BOX 4249 FEDERAL WAY WA 98063 basbury(c�lakehaven.org DEPT OF FISH AND WILDLIFE PO BOX 43200 OLYMPIA WA 98504-3155 sepadesk(c�dfw.wa.gov DARRELL RODGERS PUBLIC HEALTH SEATTLE/KING CTY 401 FIFTH AVE, STE 1100 SEATTLE WA 98104 darrell.rodgers(c�kingcounty.gov KELLY COOPER DEPT OF HEALTH ENVIRON HEALTH DIV PO BOX 47820 OLYMPIA WA 98504-7820 kelly.cooper(aDdoh.wa.gov KATY GIBBS [USTs] DEPT OF ECOLOGY / HAZARDOUS WASTE & TOXICS REDUCTION 3190 1601" AVE SE BELLEVUE WA 98008-5452 katy.gibbs(c�ecy.wa.gov DAVID KORTHALS METRO TRANSIT 201 S JACKSON ST, KSC-TR-0413 SEATTLE WA 98104-3856 david.korthals(.kingcounty.gov plansreview(a)kingcounty.gov KC DEPT OF ASSESSMENTS 500 — 4t" AVE, RM 700 #ADM-AS-0708 SEATTLE WA 98104 assessor. info(@kingcounty.gov DENNIS LEWARCH THP OFFICE SUQUAMISH TRIBE 18490 SUQUAMISH WAY SUQUAMISH WA 98392 dlewarch@suguamish.nsn.us JEN THOMAS FW PS 33330 8t" AVE S FEDERAL WAY WA 98003 ithomas(cVwps.org FW CHAMBER OF COMMERCE PO BOX 3440 FEDERAL WAY WA 98063 rmartin(a)federalwaychamber.com PUGET SOUND PARTNERSHIP 210 - 11T" AVE SW, STE 401 OLYMPIA WA 98504-0900 info(aDpsp.wa.gov ATTN: SEPA REVIEW PUGET SOUND CLEAN AIR AGENCY 1904 - 3RD AVE, STE 105 SEATTLE WA 98101-3317 sepa(a�pscleanair.orq SOUTH KING COUNTY REGIONAL WATER ASSOCIATION 27224 - 144T" AVE SE KENT WA 98042 custom erservice(o)wd 111.com FORTERRA KING COUNTY OFFICE 901 5T" AVE, STE 2200 SEATTLE WA 98164 info(a)forterra.org Exhibit I. SEPA Notice of DNS Property Owners within 600 feet Map and Addresses Kina Count .4" Ap. Nsir ,yi34 -41 . FN WE -at Hy Lem% VVIELIKIlUb F'dir% Federal Way :3 16� The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, Date: tj 5/16/2022 completeness, timeliness, or rights to the use of such information. This document is not intended for use as a survey King C product. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County. Parcel Taxpayer name Parcel address Jurisdiction State Zip code number 1321700080 RO CHUAN PO+RO 420 SW 345TH ST FEDERAL WA 98023 CHIU YU WAY 1321700090 CHAN JAMES K+DIANA 410 SW 345TH PL FEDERAL WA 98023 1 WAY 1321720010 BANG HAN & HAE 34604 4TH PL SW FEDERAL WA 98023 WAY 1321720020 MARTINSON 34612 4TH PL SW FEDERAL WA 98023 EW+ARDELLA J WAY 1321720030 COMMODORE 34620 4TH PL SW FEDERAL WA 98023 ERNEST+LINDA WAY 1321720040 WHITE MARK 34628 4TH PL SW FEDERAL WA 98023 K+FRANCES G WAY 1321720050 HAY SUNTHA+MERRY C 34636 4TH PL SW FEDERAL WA 98023 WAY 1321720060 HITCHCOCK STEPHEN 397 SW 347TH PL FEDERAL WA 98023 S+DEBBIE WAY 1321720070 CARLSON CHRISTINE 405 SW 347TH ST FEDERAL WA 98023 J+DEHAAN WAY 1321720230 PANLASIGUI LEONICO 412 SW 347TH ST FEDERAL WA 98023 G WAY 1321720240 PASCUAL ELEANOR H 34615 4TH PL SW FEDERAL WA 98023 WAY 1322020580 RAKHRA GURBACHAN 23 S 342ND PL FEDERAL WA 98003 S+GURBACHA WAY 1322020650 TRUONG HOANG 25 S 342ND PL FEDERAL WA 98003 +TUYET-NGHI TH WAY 1322020660 FENNESSEY MARK D 27 S 342ND PL FEDERAL WA 98003 WAY 1322020670 PLOVER LLC 29 S 342ND PL FEDERAL WA 98003 WAY 1322020680 DECKER ATTHEW S & 31 S 342ND PL FEDERAL WA 98003 MATTHEW S WAY 1921049004 FEDERAL WAY NAT' LIT P.O. BOX 214 FEDERAL WA 98023 LEAGUE WAY 1921049004 FEDERAL WAY NAT' LIT 1911 SW CAMPUS FEDERAL WA 98023 LEAGUE DRIVE WAY 1921049017 ATR LLC 125 SW CAMPUS DR FEDERAL WA 98023 WAY 2021049013 MEDANI IGNATIUS 34716 1ST AVE S FEDERAL WA 98003 WAY 2021049058 KING COUNTY LIBRARY 34200 1ST WAY S FEDERAL WA 98003 SYSTEM WAY 2021049110 FEDERAL WAY PUBLIC 34424 1ST AVE S FEDERAL WA 98003 SCHOOLS WAY 4159200710 ATTN: TAX 160 SW CAMPUS DR FEDERAL WA 98023 DEPARTMENT WAY 4159200715 LEENSTRA REAL ESTATE 164 SW CAMPUS DR FEDERAL WA 98023 HOLDIN WAY 4159200720 OFFER GIRLS LLC 178 SW CAMPUS DR FEDERAL WA 98023 WAY 4159200725 WINCO HOLDINGS INC 650 N ARMSTRONG BOISE ID 83704 PL 9129400040 X MARKS THE SPOT LLC 2711 W VALLEY HWY AUBURN WA 98001 N #200 9291700000 CURRENT OWNER 34720 2ND LN S FEDERAL WA 98003 WAY Exhibit J. SEPA Notice of DNS Public Notice Boards Pub it UntrAe Board Locations 34612 *344520 — L 3452$ :39T.- 40 160 9 AAR 178 Fxhihit K -qFPA Nntirim of nN-q nimrlaratinn of nktrihi itinn 4ik CITY OF Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 8t" Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.cityoffederalway.com DECLARATION OF DISTRIBUTION I, Leticia Bennett hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ■ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ e-mailed and/or ■ posted to or at each of the attached addresses on May 27'" 2022. Project Name: WinCo Foods Expansion & Amendment to Concomitant Zoning Agreement File Number(s): 21-103298-SE, 21-103295-UP, 21-103294-UP, 21-103300 CN Signature "wipe// Date 05-27-22 K:\CD Electonic Submittal\Planning\UP Permits\21 \21-103294 - WINCO FOODS (UPV) - UP\Hearing Examiner\Declaration of Distribution_LB.doc/Last updated 12/21 /20 Posting Sites: Federal Way City Hall - 33325 8th Avenue Federal Way Regional Library - 34200 1 st Way South Federal Way 320th Branch Library - 848 South 320th Street K:\CD Electonic Submittal\Planning\UP Permits\21 \21-103294 - WINCO FOODS (UPV) - UP\Hearing Examiner\Declaration of Disfribufion_LB.doc/Last updated 12/21 /20 Exhibit L. June 6, 2022 Public Comment Chaney Skadsen From: Diana Noble-Gulliford <dnoblegulliford@gmail.com> Sent: Monday, June 6, 2022 10:37 AM To: Ping Inquiry Subject: Winco Input [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. My comments on this proposal is the concern for the traffic that uses the driveway to the west of the main store. Is the addition going to replace the present restaurant on the west side? Or will it be in addition to the present footprint? Traffic there is always busy and we usually use the west side of the store to access 1st avenue light instead of using the light at 348th. thanks, M.A. I Exhibit M. Notice of Public Hearing Federal Way Mirror Classified Proof Client _ 242141 - City of Federal Way- LEGALS PhoncENNIM (253) 835-2501 Address #Community Services, 33325 8th Ave S. E-Mail 'Samantha.Homan@cityoffederalway.com Federal Way, WA, 98003 Fax I Order# 983949 Requested By SAMANTHA HOMAN Order Price $125.64 Classification 3030 - Legal Notices PO # NOA & PH WINCO Tax 1 $0.00 Start Date 09/15/2023 Created By 18280 Tax 2 $0.00 End Date 009/15/2023 Creation Date 109/11/2023, 04:33:39 pm Total Net $125.64 Run Dates Q 1 Payment $0.00 Publication(s) Federal Way Mirror Sales Rep 9470 - Jennifer Tribbett Phone GM(360) 802-8212 E-Mail ljtribbett@courierherald.com Fax I Proofed by Jennifer Tribbett, 09/11/2023 04:34:17 pm Page: 1 Classified Proof MY OF A Federal Way NOTICE OF LAND USE APPLICATION AND PUBLIC HEARING WinCo Foods CZA Amendment File No. No. 21-103294-00-UP & 21-103298-00-SE Notice is hereby given that the City of Federal Way Hearing Examiner will conduct a public hearing on October 11 at 10:00 a.m. in the City Hall Council Chambers (33325 8th Avenue South, Federal Way, WA 98003 Description: Proposal for a city -initiated quasi- judicial rezone to amend existing Concomitant Zoning Agreement to re- move the Concomitant Zoning Agreement appli- cability as to the WinCo Foods property. The ap- plication is reviewed and decided upon under a Process V pursuant to FWRC 19.75. Location: 160 SW Campus Drive, Federal Way, WA 98003 Parcel Number: 415920 0710 Applicant: Nathan Coombs, Petersen-Staggs Archi- tects, 52 LLP 00 West State St. Boise, ID 83703 Public Hearing: Octo- ber 11 at 10:00 a.m. in the City Hall Council Chambers (33325 8th Avenue South, Federal Way, WA 98003). Date Application Re- ceived: August 10, 2021 Date Determined Corn - Proofed by Jennifer Tribbett, 09/11/2023 04:34:17 pm Page: 2 Classified Proof plete: September 3, 2021 Date of Notice of Appli- cation: September 15, 2023 Land Use Permit(s) Re- quired by This Applica- tion: Use Process V Other Permits Known at This Time and not Included in this Appli- cation: N/A Relevant Environmen- tal Documents Are Available at the Ad- dress Below: X Yes No Environmental Checklist and Environmental De- termination. Development Regula- tions and City Plans to be Used for Project Re- view and Consistency Known at This Time: The project will be re- viewed for consistency with all applicable poli- cies and regulations, in- cluding but not limited to: Federal Way Revised Code (FWRC), Title 14, "Environmental Policy"; Title 19 "Zoning and De- velopment Code"; and The Federal Way Com- prehensive Plan. Availability of File: The official project file is available for public re- view at the Department of Community Develop- ment Services (33325 8th Avenue South, Fed- eral Way, WA 98003). A staff report will be available on the City's website on September 29, 2023. Public Comments: Any person has the right to submit written comments to the Hearing Examiner and/or provide oral testi- mony at the public hear- ing. Only persons who submit written or oral comments to the Hear- ing Examiner may ap- peal the Hearing Examiner's final decision on the matter. Submit written comments to the Planning Division at plan ningCa)citvoffederal way.com (we request you submit them at least two hours before the meeting starts); please reference WinCo Foods Public Comments. Staff Contact: Chaney Skadsen, Senior Plan- ner,253-835-2644, chaney.skadsen aC). cityoffederalway.com Published in the Federal Way Mirror on: Septem- ber15,2023 #983949 Proofed by Jennifer Tribbett, 09/11/2023 04:34:17 pm Page: 3 Exhibit N. Notice of Public Hearing Property Owners within 300 feet Map and Addresses V/ I • % 1 ■ Federal Way 192104-9003 vvv r —... v—vr r . .r -- r v Parcel 415920-0710 e: 13z17Q-�Rcr 74 y wd P F� o o a �5S4i ST hy,1.��q _ SIN - fl 13?- 10170 0 132170. %15 018 0160 .' t d 132170- _ 1ty , U 0240 'a �? 13� T En132170.Owl7�27) "S1 p 132170- ? �� 132170.3 0230 v 7VO0250 N. o Q 132i7 Urr�c'j}� ti3,L�T 9 titia � o y $ � � cAa y 0 132170- ao 721 217a m72 ,12. T7 0120 0 004Q2 ti p030 S 74y ca n m 132172• N W} 0 0210 0 0 1321T'n�� j r�V N � SW 347TH 57 O A t }1J 10140 �a m2 �a r2 �a d oN t._ tp 132174-TRCT 132174- ^ o 0 132174- 0200 N o N o 0030.; � O < 132174- N o 0194 SW 349TH CT a 132174 ^ a o N 0180 %N O 132174• cw o a 0060 a 1321TA 'x _,_ 0170. - N 0 132174- 0 137,174.0160 `e c o 0090 m o 0 np 132174- SW 350TH PL - N 0150 n o vT 132174- 132174-0910 N o � 0140 M a 132174-0120 m � _ Enterprise M 0 a Elem M1 ® . 2 M r 9 n 415920-0704 ry r 51] .4---4 R-..9 � ers fir 065231•'234a87246- 192104-9004 : 8/23/2023 lderal Way GIS Division 33325 8th Ave S Federal Way Wa. 98003 (206) - 835 - 7000 www.cityoffederalway.com 00132202�0519-132201-0420 �,,p't•. 132201- "ADo r�� 02.9Q t 1 2202-,3�'P w o r �a od, v r 42-0.570 v oe?°r? $ F'pts g N 'pl `spur Uhl 1OA g0 O,Oti a 0 N Im(5 v F U n m i 4r t C y' 415920-0720 0r ,8 6540 `, i-4b?0' a09p.. 302104-9024 302104-9162 302104-9025 Legend Subject Property CI Notified Parcels King County Tax Parcels M21 ei o e rn a 0 N N i m 0 0 N t2 o W O O � N m N W O N it t N 912940-0030 tO rn N 912940-0040 N 912940-TR-A 0 rn 0 0 N 202104-9017 O 202104-9018 v 0 N — N 292104-9154 292104-9013 Federal Way Centered on Opportunity 0 150 300 � Feet This map is intended for use as a graphical representation only The City of Federal Way makes no warranty as to its accuracy. 2021049013 MEDANI IGNATIUS 34716 1 ST AV S FEDERAL WAY WA 98003 2021049110 FEDERAL WAY PUBLIC SCHOOLS 33330 8TH AVE S FEDERAL WAY WA 98003 1921049004 FEDERAL WAY NAT' LIT LEAGUE Attn: PO BOX 214 1911 SW CAMPUS DRIVE FEDERAL WAY WA 98023 ATR LLC 3709 CONVOY ST STE #300 SAN DIEGO CA 92111 FEDERAL WAY CITY OF 33325 8TH AVE S FEDERAL WAY WA 98003 1921049017 4159200730 132170TRCT 132172TRCT 4159200715 LEENSTRA REAL ESTATE HOLDIN 7913 YEAZELL RD SW LONGBRANCH WA 98351 4159200720 OFFER GIRLS LLC Attn: KOMER JAYMARK 630 PANA PL HONOLULU HI 96816 4159200725 WINCO HOLDINGS INC 650 N ARMSTRONG PL BOISE ID 83704 9291700070 9291700500 MARVIN F POERAND CO C/O MARVIN F POERAND CO 2151 MICHELSON DR #282 18818 TELLER AVE SUITE 277 IRVINE CA 92612 IRVINE CA 92612 9291700080 9291700520 MARVIN F POERAND CO C/O MARVIN F POERAND CO 2151 MICHELSON DR #282 18818 TELLER AVE SUITE 277 IRVINE CA 92612 IRVINE CA 92612 9291700090 9291700530 MARVIN F POERAND CO C/O MARVIN F POERAND CO 2151 MICHELSON DR #282 18818 TELLER AVE SUITE 277 IRVINE CA 92612 IRVINE CA 92612 9291700110 9291700560 MARVIN F POERAND CO C/O MARVIN F POERAND CO 2151 MICHELSON DR #282 18818 TELLER AVE SUITE 277 IRVINE CA 92612 IRVINE CA 92612 9291700150 9291700580 MARVIN F POERAND CO C/O MARVIN F POERAND CO 2151 MICHELSON DR #282 18818 TELLER AVE SUITE 277 IRVINE CA 92612 IRVINE CA 92612 9291700170 9291700610 MARVIN F POERAND CO C/O MARVIN F POERAND CO 2151 MICHELSON DR #282 18818 TELLER AVE SUITE 277 IRVINE CA 92612 IRVINE CA 92612 9291700240 C/O MARVIN F POERAND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700390 C/O MARVIN F POERAND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700420 C/O MARVIN F POERAND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700650 C/O MARVIN F POERAND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700660 C/O MARVIN F POERAND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700690 C/O MARVIN F POERAND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700760 C/O MARVIN F POERAND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700790 C/O MARVIN F POERAND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700800 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700000 C/O MARVIN F POERAND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291701110 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701210 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701230 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701240 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701270 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291700460 9291700710 9291701280 C/O MARVIN F POERAND CO C/O MARVIN F POERAND CO FSC FOX RUN ASSOCIATES LLC 18818 TELLER AVE SUITE 277 18818 TELLER AVE SUITE 277 9777 WILSHIRE BLVD STE #500 IRVINE CA 92612 IRVINE CA 92612 BEVERLY HILLS CA 90212 9291701370 9291700200 9291700600 FSC FOX RUN ASSOCIATES LLC C/O MARVIN F POER AND CO C/O MARVIN F POER AND CO 9777 WILSHIRE BLVD STE #500 18818 TELLER AVE SUITE 277 18818 TELLER AVE SUITE 277 BEVERLY HILLS CA 90212 IRVINE CA 92612 IRVINE CA 92612 9291701390 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701510 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701540 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701560 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701580 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701620 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291700220 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700250 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700270 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700290 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700320 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700400 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700060 9291700430 MARVIN F POER AND CO C/O MARVIN F POER AND CO 2151 MICHELSON DR #282 18818 TELLER AVE SUITE 277 IRVINE CA 92612 IRVINE CA 92612 9291700100 9291700470 MARVIN F POER AND CO C/O MARVIN F POER AND CO 2151 MICHELSON DR #282 18818 TELLER AVE SUITE 277 IRVINE CA 92612 IRVINE CA 92612 9291700190 9291700490 MARVIN F POER AND CO C/O MARVIN F POER AND CO 2151 MICHELSON DR #282 18818 TELLER AVE SUITE 277 IRVINE CA 92612 IRVINE CA 92612 9291700620 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700680 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700730 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700820 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700830 C/O MARVIN F POER AND CO 18818TELLERAVE SUITE 277 IRVINE CA 92612 9291700840 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700860 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700900 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700930 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700970 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291701000 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701040 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701050 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701070 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701080 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701120 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701180 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701190 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701290 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701300 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701310 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701340 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701390 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701400 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701490 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701520 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 MARVIN F POER AND CO 2151 MICHELSON DR #282 IRVINE CA 92612 9291700030 MARVIN F POER AND CO 2151 MICHELSON DR #282 IRVINE CA 92612 9291700040 MARVIN F POER AND CO 2151 MICHELSON DR #282 IRVINE CA 92612 9291700050 MARVIN F POER AND CO 2151 MICHELSON DR #282 IRVINE CA 92612 9291700140 MARVIN F POER AND CO 2151 MICHELSON DR #282 IRVINE CA 92612 9291700160 MARVIN F POER AND CO 2151 MICHELSON DR #282 IRVINE CA 92612 9291700210 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700230 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700260 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700010 9291700330 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291701260 9291700020 9291700340 FSC FOX RUN ASSOCIATES LLC MARVIN F POER AND CO C/O MARVIN F POER AND CO 9777 WILSHIRE BLVD STE #500 2151 MICHELSON DR #282 18818 TELLER AVE SUITE 277 BEVERLY HILLS CA 90212 IRVINE CA 92612 IRVINE CA 92612 9291700350 9291700910 9291701420 C/O MARVIN F POER AND CO C/O MARVIN F POER AND CO FSC FOX RUN ASSOCIATES LLC 18818 TELLER AVE SUITE 277 18818 TELLER AVE SUITE 277 9777 WILSHIRE BLVD STE #500 IRVINE CA 92612 IRVINE CA 92612 BEVERLY HILLS CA 90212 9291700440 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700450 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700480 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700510 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700640 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700700 C/O MARVIN F POE RAND CO 18818TELLERAVE SUITE 277 IRVINE CA 92612 9291700770 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700780 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291701030 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701090 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701100 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701150 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701170 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701200 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701220 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701250 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701430 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701450 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701460 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701480 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701570 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701590 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701610 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 MARVIN F POER AND CO 2151 MICHELSON DR #282 IRVINE CA 92612 9291700870 9291701350 C/O MARVIN F POER AND CO FSC FOX RUN ASSOCIATES LLC MARVIN F POERAND CO 18818 TELLER AVE SUITE 277 9777 WILSHIRE BLVD STE #500 2151 MICHELSON DR #282 IRVINE CA 92612 BEVERLY HILLS CA 90212 IRVINE CA 92612 9291700120 9291700130 9291700180 9291700570 9291700920 MARVIN F POER AND CO C/O MARVIN F POER AND CO C/O MARVIN F POER AND CO 2151 MICHELSON DR #282 18818 TELLER AVE SUITE 277 18818 TELLER AVE SUITE 277 IRVINE CA 92612 IRVINE CA 92612 IRVINE CA 92612 9291700280 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700300 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700310 C/O MARVIN F POERAND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700360 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700370 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700380 C/O MARVIN F POER AND CO 18818 TELLERAVE SUITE 277 IRVINE CA 92612 9291700410 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700540 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700590 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700630 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700670 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700720 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700740 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700750 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700810 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700850 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700940 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700950 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700960 C/O MARVIN F POER AND CO 18818 TELLERAVE SUITE 277 IRVINE CA 92612 9291700980 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291700990 C/O MARVIN F POER AND CO 18818 TELLER AVE SUITE 277 IRVINE CA 92612 9291701010 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701020 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701060 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291700550 9291700890 9291701130 C/O MARVIN F POER AND CO C/O MARVIN F POER AND CO FSC FOX RUN ASSOCIATES LLC 18818 TELLER AVE SUITE 277 18818 TELLER AVE SUITE 277 9777 WILSHIRE BLVD STE #500 IRVINE CA 92612 IRVINE CA 92612 BEVERLY HILLS CA 90212 9291701140 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701160 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701320 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9791701330 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701360 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701410 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701440 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701470 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701500 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701530 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701550 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 9291701600 FSC FOX RUN ASSOCIATES LLC 9777 WILSHIRE BLVD STE #500 BEVERLY HILLS CA 90212 i Exhibit P. Notice of Public Hearing Declaration of Distribution COMMUNITY DEVELOPMENT DEPARTMENT 38th Avenue South Federall Way WA 98003-6325 CITY OFV;zi�k 253-835-7000; Fax 253-835-2609 Federal Way planning@cityoffederalway.com www.c[iyoffederalway.co m DECLARATION OF DISTRIBUTION I, Samantha Homan, hereby declare, under penalty of perjury of the laws of the State of Washington, that a: *�otice of Land Use Application/Action ❑ Land Use Decision Letter ❑ Notice of Determination of Significance 6)Notice of Public Hearing before the (DS) and Scoping Notice Hearing Examiner ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was r tailed ❑ faxed ❑ e-mailed and/or ❑ posted to or at each of the attached 'addresses on September 15 2023. Project Name WinCo Foods CZA Amendment File Numb Signa 21-103294-UP, 21-103298 Date 9/15/2023 \\cfwfile1.cfw.1ocal\users1cd\SNamorACheat Sheets, Forms and Templates\Declaration of Distribution with Posting Sites - Samantha.doc Exhibit Q. WinCo Foods Process III Withdrawal Letter r PETERSEN•STAGGS ARCHITECTS LLP N C A R B C E R T I F I E D August 10, 2022 Attn: Chaney Skadsen Senior Planner City of Federal Way 33325 8t" Avenue South Federal Way, WA 98003 Re: Withdrawal of 21-103295-UPIII Application WinCo Foods, Store #43 Dear Ms. Skadsen, We would like to formally request withdrawal of our Process III application, File Number 21-103295-UPIII and request that the City proceed with review our Process V application, File Number 21-103294-UPV. Should there be any questions or concerns, I may be reached at (208) 345-1462 or you may email me at nate_c@psarch.com. Thank you, CHAD E. POLLOCK, NCARB Architect I Nathan P. Coombs, NCARB Principal 5200 w. STATE STREET BOISE, IDAHO 83703 208-345-1462 FAX 208-345-1532 E-MAIL: psa@psarch.com Exhibit R. September 29, 2023 Public Comment Chaney Skadsen From: Chaney Skadsen Sent: Wednesday, October 4, 2023 8:05 PM To: 'T Whiting' Subject: RE: Winco property Good evening, My apologies for the delayed response. The proposal is to amend an existing agreement (CZA) between the property owner and the city that has very specific regulations and limitation to grocery store size. WinCo Foods is interested in expanding the existing square footage and the existing agreement prevents this. The application is only for amending the agreement and does not provide any permit approval for the actual expansion. Any subsequent development of the property associated with this request will have to be applied for and only be approved if found to be consistent with codes in effect at the time of application, including development regulations, clearing and grading, tree/vegetation retention, storm drainage, transportation, etc. I hope this adds clarity. If you have you have any additional questions, please do not hesitate to reach out. Thank you, Chaney Skadsen (she/her) Senior Planner {Ir'f of Federal Way Centered on Opportunity Community Development Department- Planning Division 33325 81h Avenue South, 2"d Floor Federal Way, WA 98003-6325 Phone (Office): 253-835-2644 or Cell: 253-569-1772 www.citvoffederalway.com Share your Update 2024 thoughts, ideas, and comments by visiting https://engagefw.com/ From: T Whiting <djtwhiting@msn.com> Sent: Friday, September 29, 2023 11:40 PM To: Chaney Skadsen <Chaney.Skadsen@cityoffederalway.com> Subject: Winco property [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 evening, My husband and I drove out of the parking lot of the Winco/Starbucks/IHOP shopping center this evening and saw the "proposed land action" yellow sign. It states that there is a Winco Foods CZA Amendment. And a concomitant zoning agreement to remove applicability to the Winco property. Could you please tell us what this all means? We live nearby and are concerned with all the changes lately. And also concerned with all the homeless, cars, and motorhomes in this parking lot as well. Thanks for your help. Traci and Doug Whiting Sent from my Galaxy Exhibit S. Hearing Examiner Presentation r pu-�IJ(-J, 11 J -:�J III -FI f Federal Way IV�� J 1j � J r J � �� r �s� ,\11I 1j �� 11j � 1J. � Public Hearing HEX23-005 — Wednesday, October 11, 2023 — 1o:ooam City Council Chambers Exhibits and Staff Report are available at: https://docs.citvoffederalway.com/WebLink/Browse.aspx?id=1921144&dbid= 0&repo=citvoffederalway Federal Way � \1 -j j r V J I I �) -F" �) D 'd � ' � 111 1 '1111 --�' Amend existing Concomitant Zoning Agreement (CZA) for the property located at 16o SW Campus Drive, parcel number 415920- 0710 (WinCo Foods property) to remove its applicability to the WinCo Foods property. Federal Way s F S 33Jth, Ln 7thrh PI s 346r � rrr ther Lake i tf"' �.I 5tiv 34'xihp la ' t n I5W 347tO 3 48th 51 r F it Li +S .. ✓� �a S 336th St CL SS 338th st f" - 'nin d f N, 4 m C S 340th St N 1 -� T •I .� , � 5 3415t PI f a ' 'C 'IR f ... S 344th St� � { - iblir v (� nl • g am" • � S,3471, PI S 3Mth t 18 �JJ r]--j �s� s-�1I dIJJJ�11 r f1-TJ Parcel is rectangular in shape and totals approximately 8.4 acres. Parcel is located at the northwest corner of SW 348t" ST and is' Ave S. The property is currently zoned Community Business (BC) with additional regulations and restrictions on top of the base zoning as a result of the CZA. The property is currently developed with a WinCo Foods grocery store. Federal Way JJJ �JJ �]-� � ��\ s�I �l� ��ll��f� r J I _ 1�� ) TJ� 1_ The applicant intends to partially redevelop the WinCo Foods grocery store located at 16o SW Campus Drive, parcel number 415920-0710. Under the current limitations outlined in the CZA, a proposal to expand the existing WinCo Foods grocery store to achieve a total footprint over 8o,000 square feet would be prohibited, as it would exceed the maximum allowed square footage allowed in the CZA. The request in this application is not to expand the WinCo Foods grocery store. The request is remove the CZA applicability to the WinCo Foods property to remove the limitations of a future expansion. F Federal Way J� J ��-� � �s� s-�11J 1J �Jll]�f1 r The City and Quadrant Corporation, a Washington corporation were parties to the original Concomitant Zoning Agreement dated July 24, 1990 On June 4, 1991, the Federal Way City Council approved Ordinance No.91-99, rezoning an approximate 14-acre site from Single Family Residential (RS 9.6) to Community Business (BC) and adopting specific conditions as contained in the adopting ordinance. The CZA contains, among other things, limits to allowable uses on the property, specific development standards for maximum building size, fa4ade modulations, location of parking, buffers, open space, park development fees and surface water improvements. F Federal Way � \1 -j V J -F F" I -F I d I J I -:I- _-Jj I Use Process III and V Applications Filed: August 10, 2021 * SEPA Determination Issued: May 27, 2022 * Use Process III Application Withdrawn: August 10, zozz * Notice of Application and notice of Public Hearing Published: September 15, 2023 One comment was received on the SEPA determination. No SEPA appeal was filed. No comments were received on the land use application notice. Federal Way VIfI �J _JJ ��I �� \ 'III II ��If l �i r Pursuant to Section 3 of the CZA, the "agreement may be amended by the City or the Owner by filing an application therefore, which shall be considered and heard in the same manner as a City -initiated quasi-judicial rezone of the property. Such action shall not release the Owner or the City from any obligation assumed under the CZA, unless and until such amendment has been approved by the City." Pursuant to Federal Way Revised Code (FWRC) 19.75, city -initiated quasi-judicial rezones are treated as non -project rezones, and must be reviewed and decided upon under Process V. Under Process V, the hearing examiner holds a public hearing and based on the record of that hearing makes a recommendation to city council, who will ultimately make the final decision on the application. 4k Federal Way _J I I ---.i I , I __J I __1 J _T I �) _F" D D -(,-] �D-J ��— —/,"\ I � -F] :L-� Id, 11 :LJ I- � ___J Pursuant to in FWRC 19.75.130(3)(a), "Decisional Criteria." the Hearing Examiner shall use the following criteria for non -project quasi-judicial rezones and may recommend approval of the proposed CZA amendment only if the following decisional criteria are met: 1. The proposed rezone is in the best interest of the residents of the city; and ii. The proposed rezone is appropriate because either: A. Conditions in the immediate vicinity of the subject property have 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; iii. It is consistent with the comprehensive plan; iv. It is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan; v. It is consistent with the public health, safety, and welfare. Federal Way r--] J r -�' r �J 1-j r J 11J J1� f� �J J r J J fJ Based on review of the application, environmental record, and pertinent decisional criteria, the proposal meets the criteria. The Department of Community Development recommends that the Hearing Examiner approve the proposal to remove the CZA's applicability as to the WinCo Foods property entirely, leaving the WinCo Foods property zoned BC without any additional regulations or restrictions. Federal Way Questions? Federal Way ATTORNEYS CSD AT LAW October 5, 2023 VIA EMAIL AND REGULAR U.S. MAIL planning@ cityoffederalway. com Office of the Hearing Examiner C/o Community Development Department City of Federal Way 33325 81^ Ave. South Federal Way. WA 98003 Jon Sitkin Attorney jsitkin@csdlaw com d. 360.306 3007 RECEIVED City Clerk's Office City of Federal way Re: WinCo Foods CZA Amendment; File #21-103294-UP / 21-103298-SE Project Site: WinCo Foods Store #43 Located at 160 SW Campus Drive, Federal Way, Washington, King County Tax Parcel 415920-0710 Honorable Federal Way Hearing Examiner: This letter is submitted on behalf of WinCo Foods, LLC (-WinCo") in support of the request for the Concomitant Zoning Agreement ("CZA") amendment. We have had the opportunity to review the City's Staff Report dated September 29, 2023 (the "Staff Report") and fully support the analysis, findings, conclusions, and recommendations therein.' At the risk of being repetitive of the Staff Report, we offer the following in summary: WinCo Foods is proposing to build an addition to its existing grocery store at the Project Site. This project would involve the demolition of the existing 8,760 square foot auxiliary/retail lease space connected to the west wall of the existing WinCo Foods store to accommodate an addition to the WinCo Foods store for an additional 15,483 square feet and a total expanded footprint of both the new and existing building of 81,591 square feet. This square footage is 6,723 square feet greater than the existing WinCo Foods store and adjacent attached retail space. This scope would also include painting the exterior of the building, interior remodeling, associated site/utility improvements to accommodate the building addition, updated accessible parking/routing per current accessibility standards, and street frontage improvements. This letter incorporates by reference the Staff Report. including all of the Exhibits thereto. 1500 Railroad Avenue, Bellingham, WA 98225 1 360.671 A 796 1 vvww.csdlaw.com CSD ATTORNEYS AT LAW This property is zoned Community Business (BC) with a Concomitant Zoning Agreement (CZA). The CZA, with the First Amendment and the adopting ordinance, are attached to the Staff Report as Exhibits B-D. A grocery store use is permitted in the BC zoning district and the CZA. Currently the existing WinCo Foods building utilizes the total grocery store (45,OOOsf) and drug store (22,OOOsf) maximum gross leasable square footage as outlined in the CZA, Section 2B. See Staff Report Exhibits B-D. To allow for the proposed WinCo Foods addition, an amendment to the CZA will be required that removes the Project Site from the CZA. This request has been filed with the City by the Owner, WinCo. See Staff Report, Exhibit A. The CZA Amendment is to be processed under the Process V — Quasi -Judicial Rezone application with SEPA. An amendment to the CZA, per Section 3, is allowed by the City or the Owner by filing an application, which shall be considered and heard in the same manner as a City -initiated quasi-judicial rezone of the property. In addition to an amendment to the CZA, the building addition will require subsequent project approval, demolition and building permit approvals. Considering this, WinCo submitted a combined SEPA Checklist for the WinCo Foods Expansion demolition and building permit and for the CZA Amendment. See Staff Report Exhibit E. The SEPA DNS was issued for these actions. See Staff Report Exhibit F. The SEPA Determination was not appealed. See Staff Report, Sections V at pages 6 and 7, and Section VI at page 7. In addition to the analysis in the Staff Report, the following is offered in relation to the criteria for a non - project -related quasi-judicial rezone - the CZA amendment approval: • The proposed rezone is in the best interest of the residents of the city. The proposed CZA amendment would permit the expansion of the existing WinCo Foods store to be consistent with their optimal store size, which benefits the patrons by providing expanded diversity of product and goods types and quantities, for example. The CZA amendment is also consistent with the business land use classification of the City's Comprehensive Plan and zoning designations of Community Business (BC). The CZA amendment would add an exception to allow for a limited building addition while maintaining the other concomitants that the CZA outlines for fagade modulation, location of parking, buffers, open space, park development fees and surface water improvements which are not proposed to be amended and are addressed in the original site development of the subject property. • 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 classification 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. Page 2 SD ATTORNEYS CATLAW The proposed CZA amendment is appropriate because it corrects a zone classification that was inappropriate when established, which limited the maximum building size of allowable uses and which is not consistent with either the Community Business (BC) zoning district development standards at the time or as currently regulated in which the buildable area is to be determined by other site development requirements; i.e., required buffers, parking lot landscaping, surface water facilities, etc. • It is consistent with the Comprehensive Plan. The subject property is currently designated as a Commercial Business Land Use classification by the Comprehensive Plan. Commercial Business allows a broad mix of uses, including general, specialty, and service retail; commercial, office, commercial/residential mixed use, and supportive uses. The Comprehensive Plan does not put limits of building size on its intended uses. It is consistent with all applicable provisions of the title, including those adopted by reference from the Comprehensive Plan. The proposed CZA amendment is consistent with all applicable provisions of the title and other codes adopted by reference from the Comprehensive Plan. The Community Business (BC) zoning district lists groceries as an allowable use and has no maximum lot coverage established, but instead, as noted, the buildable area is determined by other site development requirements; i.e., required buffers, parking lot landscaping, surface water facilities, etc. With the CZA amendment, the 16,000 square foot building addition would be allowed. • It is consistent with the public health, safety, and welfare. The proposed CZA amendment is consistent with the public health, safety, and welfare and does not change the subject property or adjoining properties' currently developed interconnections, connections to public ways, vehicular traffic access and flow, transit circulation, quality of site and building design, amenities, etc. Improvements to street frontage and accessible parking/routing that would be associated with this proposed expansion would improve public health, safety, and welfare. We ask the Hearing Examiner to recommend approval of the amendment to the Concomitant Zoning Agreement. Respectfully Submitted, CSD ATTORNEYS AT LAW P.S. on itkin Cc Via Email: Chaney Skadsen, Senior Planner, City of Federal Way (Chaney. skadsen(G-)cityoffederalway.com) Nate Coombs, (Nate C(uDpsarch.com) Client Page 3 ORDINANCE NO.23- AN ORDINANCE of the City of Federal Way, Washington, relating to approval of an amendment to the WinCo Foods Concomitant Zoning Agreement to remove the applicability of the Concomitant Zoning Agreement to the WinCo Foods property. (Amending Ordinance No. 91- 99) WHEREAS on August 10, 2021, the Community Development Department of the City of Federal Way received a Process V Land Use; application (file #21-103294-UP) and Environmental Checklist (file #21-103298- UP) from WinCo Foods, LLC ("Applicant"), proposing an amendment to the existing Concomitant Zoning Agreement ("CZA") governing the property located at 160 SW Campus Drive, King County tax parcel 4159200710 ("WinCo Foods Property"); and WHEREAS the CZA was originally adopted by Ordinance No. 91-99, passed by City Council on June 4, 1991; and WHEREAS the CZA limits allowable uses and establishes specific development standards on both the WinCo Foods Property as well as King County tax parcels 4159200715, 4159200720 and 4159200725, which are respectively developed with a Starbucks store and dental office, an IHOP restaurant and surface parking; and and WHEREAS the CZA limits the maximum square footage of the WinCo Foods grocery store; WHEREAS the applicant has requested to amend the CZA to remove the applicability of the CZA to the WinCo Foods property, resulting in removal of the limitation on the maximum square footage of the grocery store, and returning the property to solely the Community Business (BC) zone without any additional development restrictions or entitlements; and Ordinance No. 23- Page 1 of 14 WHEREAS, the proposal does not seek to amend the CZA as to the other properties governed by the CZA; and WHEREAS the Section 3 of the CZA allows the agreement to be amended by the City or the owner by filing an application therefore, which shall be considered and heard in the same manner as a City -initiated quasi-judicial rezone of the property; and WHEREAS any such amendment shall not be effective unless and until such amendment has been approved by the City; and WHEREAS under Chapter 19.75 Federal Way Revised Code ("FWRC"), Process V, a City - initiated quasi-judicial rezone is reviewed as a non -project -related rezone; and WHEREAS pursuant to Process V the application is considered in an open record public hearing in front of the Hearing Examiner, who thereafter provides a written recommendation on the application to the City Council; and WHEREAS under Process V the City Council makes the final decision on the land use application based solely on the record established by the Hearing Examiner; and WHEREAS the City issued a determination of nonsignificance ("DNS") on the proposal on May 27, 2022, one comment was received, and no person appealed the DNS; and WHEREAS pursuant to Federal Way Revised Code Process V, the Federal Way Hearing Examiner held a public hearing on the application on October 11, 2023; and WHEREAS after the hearing, the Federal Way Hearing Examiner issued findings of fact, conclusions of law, and a recommendation that the City Council approve the amendment, as contained in Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, Ordinance No. 23- Page 2 of 14 WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. The findings of fact and conclusions of law in the Hearing Examiner's October 24, 2023, "Findings of Fact, Conclusions of Law and Recommendation," attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. Section 2. Al2plication Approval. Based upon the recommendation of the Federal Way Hearing Examiner and the findings and conclusions contained therein as adopted by the City Council immediately above, the WinCo Foods CZA amendment request, file No. 21-103294-UP, is hereby approved and the CZA amended as set forth in Exhibit B. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or, invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City -of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Ordinance No. 23- Page 3 of 14 Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. 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 4 of 14 FIRST AMENDMENT TO CONCOMITANT ZONING AGREEMENT This First Amendment to Concomitant Zoning Agreement (this "First Amendment") is dated for reference purposes , 2023, and is made and entered into by and between the CITY OF FEDERAL WAY, a non -charter optional municipal code city incorporated under the laws of the State of Washington (the "City"), and WINCO FOODS, LLC, a Delaware limited liability company ("Owner"). RECITALS A. The City and Quadrant Corporation, a Washington corporation ("Quadrant") were parties to the Concomitant Zoning Agreement dated July 24, 1990 (the "Concomitant Zoning Agreement"). The Concomitant Zoning Agreement concerns a certain property as described in Exhibit A of the Concomitant Zoning Agreement, which was subject to subsequent binding site plan and boundary line adjustments, and which is currently legally described as follows: LOT A of City of Federal Way Boundary Line Adjustment No. 13-104768-00-SU, recorded December 24, 2013 under Recording No. 20131224900009, in King County, Washington. LOT B of that certain Boundary Line Adjustment No. 13-104768-00-SU recorded on December 24, 2013 in Volume 305, Page 78, as Instrument No. 2013224900009 in the official records of King County, Washington. LOT C of that certain Federal Way Binding Site Plan No. BSP97-0001 recorded on November 20, 2000 in Volume 141, Page 280, as Instrument No. 20001120900005 in the official records of King County, Washington, except that portion conveyed to the City of Federal Way recorded March 04, 2009 by recording No. 20090304001869. LOT D of that certain Boundary Line Adjustment No. 13-104768-00-SUrecorded on December 24, 2013 in Volume 305, Page 78, as Instrument No. 20131224900009 in the official records of King County, Washington. Subject to Non -Exclusive easements contained in Declaration of Easements and Conditions, recorded April 24, 2000 under Recording No. 20000424000088 and amended by first amendment to Declaration of Easements and Conditions recorded November 29, 2000 under Recording No. 20001129000245 which was Re -Recorded January 10, 2017 under Recording No. 20170110000377 and as further amended by Second Amendment to Declaration of Easements and Conditions recorded February 22, 2017 under Recording No. 20170222000604. B. The City passed Ordinance No. 91-99, by City Council approval on June 4, 1991, with an effective date of June 12, 1991. This ordinance was for rezoning an approximate 14 acres site from a Single -Family Residential (RS 9.6) zone to a Community Business (BC) zone with Ordinance No. 23- Page 5 of 14 conditions: 1) On -site mitigation sufficient to mitigate all impacts of the development; 2) Off -site drainage mitigation measures at the maximum level anticipated within the terms of the Concomitant Zoning Agreement; and 3) All other development conditions, and/or obligations, and/or terms as contained in the Concomitant Zoning Agreement. C. WinCo has requested to amend the Concomitant Zoning Agreement, and specifically Exhibit A to the Concomitant Zoning Agreement identifying the property subject to the - agreement, to remove the applicability of the Concomitant Zoning Agreement to the property located at 160 SW Campus Drive, parcel number 415920-0710, as legally described as follows: LOT A of City of Federal Way Boundary Line Adjustment No. 13-104768-00-SU, recorded December 24, 2013 under Recording No. 20131224900009, in King County, Washington. D. The Concomitant Zoning Agreement, per Section 3, allows the agreement to be amended by the City or the Owner by filing an application therefore, which shall be considered and heard in the same manner as a City -initiated quasi-judicial rezone of the property. Such action shall not release the Owner or the City from any obligations assumed under the Concomitant Zoning Agreement, unless and until such amendment has been approved by the City. E. A City initiated quasi-judicial rezone is treated as a non -project -related rezone and conducted pursuant to procedures of a non -project -related Process V "Quasi -Judicial Rezone" in accordance with the City of Federal Way Revised Code 19.75. Process V land use applications require a public hearing in front of the Hearing Examiner, written recommendation from the Hearings Examiner, and final decision from the City Council. AGREEMENTS The City and WinCo Foods, LLC agree to the following: 1. Amendment to the Concomitant Zoning Agreement. By way of application and approval process for a City -initiated quasi judicial, non -project -related rezone of the property, Exhibit A to the Concomitant Zoning Agreement is amended and replaced in its entirety with Exhibit A-1 to this First Amendment. [Signature page follows] Ordinance No. 23- Page 6 of 14 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Concomitant Zoning Agreement as of the date set forth above. CITY: City of Federal Way By: _ Name: Title: OWNER: WinCo Foods, LLC By: Name: Title: Ordinance No. 23- Page 7 of 14 EXHIBIT A-1 CONCOMITANT ZONING AGREEMENT AMENDED LEGAL DESCRIPTION LOT B of that certain Boundary Line Adjustment No. 13-104768-00-SU recorded on December 24, 2013 in Volume 305, Page 78, as Instrument No. 2013224900009 in the official records of King County, Washington. LOT C of that certain Federal Way Binding Site Plan No. BSP97-0001 recorded on November 20, 2000 in Volume 141, Page 280, as Instrument No. 20001120900005 in the official records of King County, Washington, except that portion conveyed to the City of Federal Way recorded March 04, 2009 by recording No. 20090304001869. LOT D of that certain Boundary Line Adjustment No. 13-104768-00-SU recorded on December 24, 2013 in Volume 305, Page 78, as Instrument No. 20131224900009 in the official records of King County, Washington. Subject to Non -Exclusive easements contained in Declaration of Easements and Conditions, recorded April 24, 2000 under Recording No. 20.000424000088 and amended by first amendment to Declaration of Easements and Conditions recorded November 29, 2000 under Recording No. 20001129000245 which was Re -Recorded January 10, 2017 under Recording No. 20170110000377 and as further amended by Second Amendment to Declaration of Easements and Conditions recorded February 22, 2017 under Recording No. 20170222000604. Ordinance No. 23- Page 8 of 14 EXHIBIT B BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY Phil Olbrechts, Hearing Examiner RE: Winco Foods CZA Amendment FINDINGS OF FACT, CONCLUSIONS OF No. 21-103294-UP / 21-103298-SE LAW AND RECOMMENDATION INTRODUCTION The Applicant requests approval of an amendment to a concomitant zoning agreement (CZA) to remove all CZA restrictions that apply to the Winco Foods store located at 160 SW Campus Drive. CZA restrictions include a maximum gross leasable area at the Winco site of 67,000 square feet. Winco plans to expand its store beyond this maximum area. All requirements of the underlying Community Business (BC) zone would still apply upon approval of the requested CZA amendment. The CZA amendment request must be processed as a rezone applications. It is recommended that the City Council approve the CZA amendment. The only public comments regarding the proposal were limited to two emails. An October 4, 2023 email from T. Whiting inquired what the project was about and expressed concern about homeless persons, cars and motorhomes in the Winco parking lot. A June 6, 2022 email from Diana Noble -Guilford inquired about whether the proposed expansion would affect access on the west side of the project site 2. A letter from the Applicant's legal counsel was also submitted providing an overview of the review criteria. No one other than the staff and Applicant testified at the rezone hearing. The CZA was approved by the City in 1991, just one year after the City's incorporation. In the more than three decades since the City was incorporated 1991 the City has adopted numerous detailed development standards designed to address development impacts at levels tailored to the Federal Way community. At hearing, staff testified there were no special circumstances still in place today that necessitate the additional restrictions imposed by the CZA. The nearest sensitive land use are some multi -family units located to the south. Those units are already in a mixed -use area and likely will benefit more from the added groceries of a larger Winco then any adverse impacts from the expansion. For all these reasons, there is ample justification to approve the requested rezone. ' The CZA legally qualifies as added zoning restrictions on the project site and hence its amendment qualifies as a rezone. Consistent with this principle, Section 3 of the CZA requires CZA amendment applications to be processed as rezone applications. This -recommendation references the CZA amendment application as a rezone application. z Ms. Noble Guilford's comments were directed at a Process III application to expand the Winco store. That Process III application was withdrawn on August 11, 2022. Traffic impacts will be addressed when a project application is submitted. Rezone Recommendation P. 1 Findings, Conclusions and Recommendation Ordinance No. 23- Page 9 of 14 ORAL TESTIMONY No one testified except Chaney Skadsen, senior City planner, and the Applicant's legal counsel, John Sitkin. Mr. Sitkin expressed support for the staff report and thanked staff for their work on the project. EXHIBITS The September 29, 2023 staff report along with attachments A-Q as identified on the last page of the report were admitted during the October 11, 2023 hearing. The following additional exhibits were also admitted during the hearing: Exhibit R: September 29, 2023 email from T. Whiting along with staff response Exhibit S: City staff power point Exhibit T: October 5, 2023 letter from Jon Sitkin, counsel for Winco FINDINGS OF FACT Procedural: 1. Applicant . Nathan Coombs, Petersen-Staggs Architects, LLP, 5200 West State St. Boise, ID 83703 2. Hearing. A hearing was conducted on the application on October 11, 2023 at 10:00 am at Federal Way City Hall. Substantive: 3. Site/Proposal Description. The Applicant requests approval of an amendment to a concomitant zoning agreement (CZA) to remove all CZA restrictions that apply to the Winco Foods store located at 160 SW Campus Drive. The CZA limits maximum gross leasable area at the Winco site to 67,000 square feet. Winco plans to expand to a size of 81,591 square feet. All requirements of the underlying Community Business (BC) zone would still apply upon approval of the requested CZA amendment. The City and Quadrant Corporation, a Washington corporation ("Quadrant") were parties to the original Concomitant Zoning Agreement dated July 24, 1990. The CZA applies to the following parcels outlined in Table 1 below. Table 1: Current Properties Governed by the CZA Parcel xistin_g Use 4159200710 Groce WinCo Foods 4159100715 Medical Office Retail (Starbucks, Federal Way Modern Dentistry, Victoria Chang, DMD 4159200720 (_Restaurant (IHOPP Rezone Recommendation p. 2 Findings, Conclusions and Recommendation Ordinance No. 23- Page 10 of 14 4159200725-1 Surface Parking I On June 4, 1991, the Federal Way City Council approved Ordinance No.91-99 (Exhibit D), rezoning an approximate 14-acre site located at the northwest corner of Southwest 348th Street and 1st Avenue South from Single Family Residential (RS 9.6) to Community Business (BC) and adopting specific conditions as contained in the adopting ordinance. The rezone permitted development of the site consistent with the Community Business Land Use Classification of the City's Comprehensive Plan in effect at that time, as supplemented by the simultaneously adopted CZA. The CZA contains, among other things, limits to allowable uses on the property, specific development standards for maximum building size, facade modulations, location of parking, buffers, open space, park development fees and surface water improvements. The CZA outlines that the allowable uses on the property shall be limited to those set forth in Chapter 40, Neighborhood Business District Regulations of the Federal Way Zoning Code as the same now exists or may hereafter be amended with the exception of the following provisions per Section 2B: (i) Owner shall be permitted to develop on the property one grocery store of a size not to exceed 45,000 square feet gross leasable areas, and (ii) Owner shall be permitted to develop on the property one drug store of a size not to exceed 22,000 square feet of gross leasable area, and (iii)No vehicle service station use shall be permitted on the property. If the Council approves the requested CZA amendment, no specific size restrictions will apply to the Winco grocery store. 4. Surrounding Uses. The closest sensitive land uses are the Fox Run apartments located on the east side of the project site and a single-family residential development to the west across Campus Drive. Commercial/medical offices are located to the south and Panther Lake Park is located to the north. 5. Adverse/Positive Impacts. No significant adverse impacts are associated with the proposal and the proposal is found to be in the best interests of the residents of the City. As noted in the staff report, the proposal removes 30-year old CZA restrictions and leaves the applicable land use restrictions to the current zoning code, which according to staff reflects best planning practices and conforms to the current day development practices of the City. As the Council is aware, the City has adopted detailed development standards since its incorporation in 1990, just one year before adoption of the CZA. Those standards address what the Council over the years has found to be acceptable development impacts. Removing the added CZA limitations would put the Winco development on par with surrounding development. The hearing examiner inquired at the hearing whether there were any special circumstances that necessitated the CZA limitations in 1991 that might still apply today. Staff were not aware of any. There are some apartments located on the east side of the project site. However, those apartments are already located in a mixed use area and it doesn't appear that some additional Rezone Recommendation p. 3 Findings, Conclusions and Recommendation Ordinance No. 23- Page I of 14 grocery space will adversely affect that use. In point of fact, the availability of additional grocery store space will benefit the apartments as well as the surrounding community by providing additional food choices. It's unclear if the surrounding road network is suited for additional trip generation that would be facilitated by approval of the rezone. However, the proposed rezone was reviewed by public works staff and they expressed no concerns. Project specific traffic impacts will be addressed during specific project review and the proposal will have to conform to the City's traffic level of service standards. As noted in the staff report, the proposal will also provide increased job opportunities and add to the City's tax base. 6. !Change in Circumstances. As outlined in Finding of Fact No. 5, the City's development standards have significantly evolved since the City was incorporated in 1990 and the CZA was adopted in 1991. The staff report notes that the - maximum square footage allowances for the defined uses are no longer appropriate as the retail market has changed in the over 30 years since the limitations were originally established. The population of the City has also increased dramatically. Given Federal Way's large increase in population since incorporation, it can stand to benefit from the added grocery services made available by approval of the requested rezone. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner: FWRC 19.75.010 classifies rezones as Process V applications, which provides the Examiner with the authority to conduct a hearing and make a recommendation to the City Council. As noted in Footnote No. 1, CZA applications are rezone applications. Substantive: 2. Zoning Designation: BC. 3. Review Criteria and Application. FWRC 19.75.130(3)(a) governs the criteria for "non - project -related" rezones. FWRC 19.745.020(l) limits "non -project -related" rezones to (1) rezones initiated by the City for properties not owned by the City; and (2) rezones from one single-family zone classification to another single-family zone classification. The current Winco rezone application wasn't initiated by the City. However,' Section 3 of the CZA provides that any rezone application filed by the "owner" shall be considered "in the same manner as a City - initiated quasi-judicial rezone of the property." Consequently, the proposed rezone will be considered non -project -related for purposes of application of the FWRC 19.75.130(3)(a) criteria. Rezone Recommendation p. 4 Findings, Conclusions and Recommendation Ordinance No. 23- Page 12 of 14 FWRC 19.75.130(3)(a): The city may approve an application for 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 4. The criterion is met for the reasons identified in Finding of Fact No. 5. FWRC 19.75.130(3)(a)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; 5. The criterion is met as a change in circumstances for the reasons identified in Finding of Fact No. 6. FWRC 19.75.130(3)(a)iii: It is consistent with the comprehensive plan; 6. The criterion is met. As identified in the staff report, the request is consistent with the Federal Way Comprehensive Plan (FWCP) as the existing zoning of Community Business complies with the FWCP Community Business designation. No change is being requested to the Community Business zoning designation. The application is also consistent with the following comprehensive policies as well: LUP40 — 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. EC7 — Promote an economic climate that is supportive of business formation, expansion, and retention, and emphasizes the importance of small businesses it creating jobs. EDG2 — Help attract, expand, and retain businesses, jobs, and investments that provide employment and enhance income opportunities for Federal Way residents. EDP8 — Promote the redevelopment of existing underdeveloped areas as a means to sustain the economy and provide jobs. Allowing the increased floor area is also consistent with the Land Use Concept in Chapter 2 of the FWCP, which states: Rezone Recommendation p. 5 Findings, Conclusions and Recommendation Ordinance No. 23- Page 13 of 14 "The land use concept should result in the following: Accommodation of adopted growth targets for households and jobs and Puget Sound Regional Council (PSRC) growth projections within the proposed land use plan area." Allowing the increased floor area is also consistent with the Land Use Concept in Chapter 2 of the FWCP, which states "The land use concept should result in the following: Accommodation of adopted growth targets for households and jobs and Puget Sound Regional Council (PSRC) growth projections within the proposed land use plan area." FWRC 19.75.130(3)(a)iv: % It is consistent with all applicable provisions of the title, including those adopted by reference from the comprehensive plan; and 7. The criterion is met. Staff have found the current development to be consistent with applicable zoning code standards and the amendment will subject any alterations to the proposal to the zoning code standards in place at the time of vesting. FWRC 19.75.130(3)(a)v: It is consistent with the public health, safety, and welfare, 8. The criterion is met for the reasons identified in Finding of Fact No. 5. RECOMMENDATION The Examiner recommends that the City Council approve the requested rezone application, which renders the 1991 CZA inapplicable to the Winco property. DATED this 24th day of October, 2023. hts Hearing Examiner for Federal Way Rezone Recommendation p. 6 Findings, Conclusions and Recommendation Ordinance No. 23- Page 14 of 14