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12-04-2023 LUTC PacketCITY OF F Federal Way Land Use & Transportation (LUTC) Council Committee Regular Meeting Agenda December 4, 2023 City Hall 5:00 P.M. Council Chambers* The City Council may amend this regular meeting agenda and act on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view meetings online, agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com. *Remote attendance options available via Zoom meeting code: 809 975 640 and passcode: 595617 1. CALL TO ORDER 2. PUBLIC COMMENT 3. COMMITTEE BUSINESS Topic Title/Description Presenter(s) Action or Info A. Approval of Minutes November 6, 2023 N/A Action 12/04 B. Citywide Variable Lane Use Control - Project Acceptance J. Mulkey Action 01/02 - Consent C. ORDINANCE: Adoption of State Mandated Building and S. Sproul Action Construction Codes 01/02 — ORDINANCE D. Middle Housing Grant and Interlocal Agreement C. Skadsen Action 01/02 - Consent E. ORDINANCE: Licensing Permanent Supportive Housing and K. Niven Action Transitional Housing, and Emergency Housing and Shelter 01/02 — ORDINANCE F. Overview of Street Vacation E. Walsh Info Only G. Marine View Drive Street Vacation C. Elliott Info Only Alexey Ancheyev H. Progress Updates on Sound Transit Projects in Federal Way K. Smith Info Only 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be January 8, 2023 at 5:00 p.m. 6. ADJOURNMENT Committee Members City Staff Jack Dovey, Chair EJ Walsh, P.E., Public Works Director Jack Walsh, Member Sara Gilchrist Administrative Assistant II Hoang Tran, Member (253) 835-2700 November 6, 2023 5:00 p.m. City of Federal Way City Council Land Use & Transportation Committee MEETING SUMMARY City Hall Council Chambers Committee Members in Attendance: Committee Chair Jack Dovey, and Council Member Hoang Tran. Other Councilmembers in Attendance: Deputy Mayor Susan Honda, Council President Linda Kochmar, and Council Member Paul McDaniel. Staff in Attendance: Policy Advisor Bill Vadino, Assistant City Attorney Kent Van Alstyne, Community Development Director Keith Niven, Public Works Director El Walsh, Public Works Deputy Director Desiree Winkler, Operations Manager Jarred Larson, City Traffic Engineer Rick Perez, Engineering Manager Christine Mullen, Sound Transit Liaison Kent Smith, Civil Engineer Jeff Huynh, Senior Planner Chaney Skadsen, Senior Traffic Engineer Jason Kennedy, Senior Traffic Engineer Kathy Davis, Transportation Planner Deeksha Nagaraj, and Administrative Assistant II Sara Gilchrist. 1. CALL TO ORDER: Chair Dovey called the meeting to order at 5:00 PM 2. PUBLIC COMMENT: a. Jamus William spoke on item M b. Ian Morrison spoke on item M c. Ann Theegy spoke on item N 3. COMMITTEE BUSINESS: Topic Title/Description A. Approval of Minutes: October 2, 2023 Committee approved the October 2, 2023 LUTC minutes. • Moved: Tran • Seconded: Dovey • Passed: 2-0 unanimously B. Street Light Infill Project, 8S% Design and Authorization to Bid Senior Traffic Engineer Kathy Davis presented the Street Light Infill Project for authorization, including background information. Questions and discussions followed. Council Member Hoang Tran moved to forward Option 1 to the November 21, 2023 consent agenda for approval. Moved: Tran Seconded: Dovey Passed: 2-0 unanimously Committee Members Jack Dovey, Chair Jack Walsh, Member Hoang Tran, Member City Staff EJ Walsh, P.E., Public Works Director Sara Gilchrist, Administrative Assistant II (253) 835-2706 �. NTS Program Project: S 304' St (Pacific Hwy S to 28"' Ave S) Senior Traffic Engineer Jason Kennedy presented the NTS Program Project for approval of two speed feedback signs, including background information. Questions and discussion followed. Committee Member Hoang Tran moved to forward Option 1, two (2) speed feedback signs on S 304t" St between Pacific Hwy S and 28t" Ave S to the November 21, 2023 consent agenda for approval. • Moved: Tran • Seconded: Dovey • Passed: 2-0 unanimously D. Adaptive Traffic Signal Control — City Center — Phase 2 — Project Acceptance Civil Engineer Jeff Huynh presented the Adaptive Traffic Signal Control, City Center Phase 2 project for approval, including background information. Council Member Hoang Tran moved to forward Option 1 to the November 21, 2023 City Council consent agenda for approval. • Moved: Tran • Seconded: Dovey • Passed: 2-0 unanimously E. Citywide Pedestrian Safety Improvements — Approval to Award Civil Engineer Jeff Huynh presented the Citywide Pedestrian Safety Improvements project for approval to award, including background information. Questions and discussion followed. Council Member Hoang Tran moved to forward Option 1 to the November 21, 2023 consent agenda for approval. • Moved: Tran • Seconded: Dovey • Passed: 2-0 unanimously 2024 Asphalt Overlay Program Preliminary Project List and Authorization to Bid Civil Engineer Jeff Huynh presented the Asphalt Overlay Program Preliminary Project List for approval and authorization, including background information. Questions and discussion followed. Council Member Hoang Tran moved to forward Option 1 to the November 21, 2023 City Council consent agenda for approval. • Moved: Tran • Seconded: Dovey • Passed: 2-0 unanimously Committee Members Jack Dovey, Chair Jack Walsh, Member Hoang Tran, Member City Staff EJ Walsh, P.E., Public Works Director Sara Gilchrist, Administrative Assistant II (253) 835-2706 G. Citywide Adaptive Signal Control System — ITS Improvements Phase 1, 2, and 3 — Project Acceptance Civil Engineer Jeff Huynh presented on behalf of Senior Civil Engineer John Mulkey for the Citywide Adaptive Signal Control Systems ITS Improvements Phase 1, 2, and 3 for project approval, including background information. Questions and discussion followed. Council Member Hoang Tran moved to forward Option 1 to the November 21, 2023 consent agenda for approval. • Moved: Tran • Seconded: Dovey • Passed: 2-0 unanimously H. 2022 Storm Pipe Repair Project — Project Acceptance Engineering Manager Christine Mullen presented the 2022 Storm Pipe Repair project for approval, including background information. Questions and discussion followed. Council Member Hoang Tran moved to forward Option 1 to the November 21, 2023 consent agenda for approval. • Moved: Tran • Seconded: Dovey • Passed: 2-0 unanimously I. Former Bridges Barn Demolition — Project Acceptance Operations Manager Jarred Larson presented the Former Bridges Barn Demolition project for project approval, including background information. Questions and discussion followed. Council Member Hoang Tran moved to forward Option 1 to the November 21, 2023 consent agenda for approval. • Moved: Tran • Seconded: Dovey • Passed: 2-0 unanimously J. Transportation Demand Management Implementation Agreement with WSDOT Transportation Planner Deeksha Nagaraj presented the Transportation Demand Management Implementation Agreement with WSDOT for approval, including background information. Council Member Hoang Tran moved to forward the proposed Option 1 to the November 21, 2023 consent agenda for approval. • Moved: Tran • Seconded: Dovey • Passed: 2-0 unanimously Committee Members Jack Dovey, Chair Jack Walsh, Member Hoang Tran, Member City Staff EJ Walsh, P.E., Public Works Director Sara Gilchrist, Administrative Assistant II (253) 835-2706 K. ORDINANCE: 2023 Annual Comprehensive Plan Amendments Senior Planner Chaney Skadsen presented the 2023 Comprehensive Plan Amendments for approval, including background information. Questions and discussion followed. Council Member Hoang Tran moved to forward the proposed ordinance to the First Reading on November 21, 2023. • Moved: Tran • Seconded: Dovey • Passed: 2-0 unanimously Authorization to Enter into an Interlocal Agreement with King County for Conservation Futures Tax Levy (CFT) Grant Sound Transit Liaison Kent Smith presented the Interlocal Agreement with King County for CFT Grant for approval, including background information. Questions and discussion followed. Council Member Hoang Tran moved to forward the interlocal agreement to the November 21, 2023 consent agenda for approval. • Moved: Tran • Seconded: Dovey • Passed: 2-0 unanimously M. ORDINANCE: Code Amendments Relating to City Center -Core and City Center -Frame Community Development Director Keith Niven presented the City Center -Core and Frame Code Amendments for approval, including background information. Questions and discussion followed. Council Member Hoang Tran moved to forward the proposed ordinance to First Reading on November 21, 2023. • Moved: Tran • Seconded: Dovey • Passed: 2-0 unanimously N. ORDINANCE: Amendment to Wild Waves Concomitant Development Agreement Community Development Director Keith Niven presented the Wild Waves Concomitant Development agreement for approval, including background information. Questions and discussion followed. Council Member Hoang Tran moved to forward the proposed ordinance to First Reading and Public Hearing on November 21, 2023. • Moved: Tran • Seconded: Dovey • Passed: 2-0 unanimously O. Progress Update on Sound Transit Projects in Federal Way Sound Transit Liaison Kent Smith reported on current activities regarding Sound Transit projects, including background information. Questions and discussion followed. 4. OTHER: 5. FUTURE MEETINGS/AGENDA ITEMS: Committee Members Jack Dovey, Chair Jack Walsh, Member Hoang Tran, Member City Staff EJ Walsh, P.E., Public Works Director Sara Gilchrist, Administrative Assistant II (253) 835-2706 6. The next LUTC meeting will be held December 4, 2023 at 5:00 p.m. in City Hall Council Chambers and via Zoom. 7. ADJOURNMENT: The meeting was adjourned at 07:40 p.m. Attest: Sara Gilchrist, Administrative Assistant II Approved by Committee: Date Committee Members Jack Dovey, Chair Jack Walsh, Member Hoang Tran, Member City Staff EJ Walsh, P.E., Public Works Director Sara Gilchrist, Administrative Assistant II (253) 835-2706 COUNCIL MEETING DATE: January 2, 2024 ITEM #: 13 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITYWIDE VARIABLE LANE USE CONTROL - PROJECT ACCEPTANCE POLICY QUESTION: Should the Council accept the Citywide Variable Lane Use Control Project, constructed by Northeast Electric, LLC as complete? COMMITTEE: Land Use and Transportation MEETING DATE: December 4, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Mulkey,-P.E. Senior Civil En ineer JRM DEPT: Public Works Attachments: 1. Memorandum to LUTC dated December 4, 2023 Options Considered: 1. Authorize final acceptance of the Citywide Variable Lane Use Control project constructed by Northeast Electric, LLC in the amount of $465,775.55. 2. Do not authorize final acceptance of the Citywide variable Lane Use Control project and provide direction to staff. MAYOR'S RECOMMENDATION: MAYOR APPROVAL: d C/ 1� DIRECTOR APPROVAL: l4��1,l+�z3 �' s Co lcc awu fniliallDalc COMMITTEE RECOMMENDATION: I move to forward Option I to the January 2, 2024 consent agenda for approval. Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize final acceptance of the Citywide Variable Lane Use Control project constructed by Northeast Electric, LLC in the amount of $465, 775.55. " (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: December 4, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director -`rl (/ ✓L, John Mulkey, P.E., Senior Civil EngineerJRM SUBJECT: Citywide Variable Lane Use Control - Project Acceptance Financial Impacts: Construction of the Citywide Variable Lane Use Control 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 May 19, 2020, and authorized a maximum contract amount, of $489,487.00 (including contingency). Additional Funds were authorized by Council on October 17, 2020 to add an additional intersection resulting in a revised maximum contract amount of $664,638.00. 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 Variable Lane Use Control Project constructed by Northeast Electric, LLC. is complete. The final construction contract amount is $465,775.55. This is $196,862.45 below the authorized maximum contract amount. Rev. 7/18 COUNCIL MEETING DATE: January 2, 2024 ITEM #: C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: ADOPTION OF STATE MANDATED BUILDING AND CONSTRUCTION CODES POLICY QUESTION: Should the City of Federal Way amend the Federal Way Revised Code (FWRC) Title 13, "Building" to adopt state mandated and local construction codes? COMMITTEE: Land Use/Transportation Committee MEETING DATE: December 4, 2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Scott Sproul, Building Official SS DEPT: Community Development Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to first reading on December 5, 2023. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (JANUARY 2, 2024): "I move to forward the proposed ordinance to the January 16, 2024 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (JANUARY 16, 2024): "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 # 23 CITY OF FEDERAL WAY MEMORANDUM DATE: December 4, 2023 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Scott Sproul, Building Official SS SUBJECT: Adoption of State Mandated Building and Construction Codes Financial Impacts: The adoption of the 2021 Building Codes does not have any current or future impacts to the City Budget. The adoption process follows a three-year code -revision cycle. Background Information: The proposed ordinance will adopt and amend the currently state -mandated 2018 International Building Codes, Uniform Plumbing Code, National Electrial Code, and other building construction regulations pursuant to RCW 19.27, 19.27A, and 19.28. The model codes are revised by the publishers on a three-year cycle. The model codes are then adopted by the state and, as a jurisdiction within the state, the City of Federal Way is required to enforce these codes. In addition, the City may amend the codes as needed to provide consistent enforcement. B. DISCUSSION The construction codes enforced by the City fall into two categories: "state mandated codes" and "local codes" adopted by a jurisdiction. State mandated codes are required to be enforced at the city and county level pursuant to RCW 19.27, 19.27A, and 19.28. Cities adopt codes at the local level in order to reconcile these codes wth other regulatory requirements and established fee"resolutions. Local codes are permissible and are needed in order to provide enforcement for local building requirements. South King Fire and Rescue is proposing changes the 2021 International Fire Code. The City may make changes to the Building Codes only if they make the requirements more stringent than the State adopted Codes. The following additional requirements are proposed: 1. IFC 503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire Rev. 7/18 department's apparatus. The maximum cross sloe grade shall not exceed 5% 2. IFC Section 907.8.1.1 is hereby created as follows: 907.8.1.1 Fire alarm panel replacement. Required fire alarm systems per IFC 907.2 that require a fire alarm panel replacement, shall meet current code as adopted by Washington State to include the alarm notification and initiation devices State Mandated Codes: Building Code — International Building Code (IBC) as amended by Washington State Residential Code — International Residential Code (IRC) as amended by Washington State Existing Building Code -International Existing Building Code (IEBC) as amended by Washington State Mechanical Code — International Mechanical Code (IMC) as amended by Washington State Fire Code — International Fire Code (IFC) as amended by Washington State Property Maintenance Code — International Property Maintenance Code (IMPC) Plumbing Code — Uniform Plumbing Code (UPC) as amended by Washington State Electrical Code —National Electrical Code (NEC) as amended by Washington State Energy Code — International Energy Conservation Code as amended by Washington State (Washington State Energy Code) Factory Assembled Structures, Washington State Standard for the Installation of Factory Assembled Structures International Wildland- Urban Interface Code (IWUIC) as amended by Washington State Local Codes Adopted by Federal Way: Swimming Pools — Hot Tubs — Spas (these regulations were drafted to regulate swimming pools and provide for fencing) Rev 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the adoption of the 2021 Washington State Building Code and related matters; amending FWRC 13.16.020, 13.16.030, 13.20.050, 13.20.090, 13.22.020, 13.22.030, 13.26.020, 13.26.030, 13.28.020, 13.28.030, 13.31.020, 13.31.030, 13.31.040, 13.34.020, 13.34.030, 13.38.020, 13.41.020, 13.43.020, 13.43.030, and adding Chapter 13.47 FWRC, including sections 13.47.010, 13.47.020, and 13.47.030 (Amending Ordinance Nos. 01-389, 04-465, 07-563, 09-595, 10-665, 13-743, 15-793, 17-830 and 21-910). WHEREAS, the Revised Code of Washington ("RCW") mandates enforcement and provides authority to the City of Federal Way Washington to administer and enforce the Washington State Building Code Act (Chapter 19.27 RCW), the Washington State Energy Code (Chapter 19.27A RCW), Washington State regulations regarding electricians and electrical installations (Chapter 19.28 RCW), Washington State regulations regarding installation and permitting of factory assembled structures (Chapters 43.22 and 43.22A RCW), the Growth Management Act as it applies to the construction of buildings (Chapter 36.70A RCW), and related matters within the incorporated boundaries of the City of Federal Way, Washington; and WHEREAS, these Washington State laws include amendments as adopted and included by the State of Washington; and WHEREAS, certain amendments, appendices, and other regulations are optional, and where applicable, are enforceable if adopted specifically by the City of Federal Way. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. FWRC 13.16.020 is hereby amended to read as follows: Ordinance No. 23- Page 1 of 20 Rev 2/ 19 13.16.020 201421 International Building Code adopted. The 204-821 Edition of the International Building Code (IBC), including the following appendix chapters: (1) Appendix E, published by the International Code Council (ICC), is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51-50 WAC. The International Building Code requirements for barrier -free accessibility, Chapter 11, and other IBC requirements for barrier -free access, including ICC Al 17.1-200917 and Appendix E, are adopted pursuant to Chapters 19.27 and 70.92 RCW and shall not be amended by local government. (2) Appendix J of the IBC published by the International Code Council (ICC) is hereby adopted by reference. Section 2. FWRC 13.16.030 is hereby amended to read as follows: 13.16.030 20IS21 International Building Code amendments. The International Building Code, adopted by reference in FWRC 13.16.020, is amended as follows: (1) IBC Section 101.1, Title, is hereby amended as follows: These regulations shall be known as the Building Code of City of Federal Way, hereinafter referred to as "this code." (2) IBC Section 101.4.3, Plumbing, is hereby amended as follows: The provisions of the 204-921 Edition of the Uniform Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. Private Sewage Disposal systems shall be approved by King County Department of Health. (3) IBC Section 101.4.6, Energy, is hereby amended as follows: The provisions of the International Energy Conservation Code, including WAC 51-11R and WAC 51-11C, shall apply to all matters governing the design and construction of buildings for energy efficiency. (4) IBC Section 105.1.1, Annual permit, is hereby replaced with IBC Section 105.1.1, Work in Critical Areas, to read as follows: Permit requirements of this code shall not be deemed to grant authorization for any work to be Ordinance No. 23- Page 2 of 20 Rev 2/ 19 done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall be required for work proposed within critical areas. Work exempt from permit (IBC Section 105.2) shall not apply to work proposed in critical areas. (5) IBC Section 105.1.2, Annual permit records, is hereby deleted in its entirety. (6) IBC Section 105.2, item 1, is hereby amended to read as follows: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet (18.5 8 m2) and exterior wall height shall not exceed 10 feet measured from the bottom plate to the top of wall. (7) IBC Section 105.4.1, Amended Permit, is hereby created as follows: When the size of the building is increased or the scope for which the permit was issued is changed, an application to amend the building permit shall be required. Amended permit documents including but not limited to revised plans, calculations, product information, energy calculations, or other documents needed in order to clarify the intent and scope of the amended application shall be submitted for plan review. Fees for the review of the amended permit application shall be assessed and paid pursuant to the City of Federal Way fee resolution. When the building official is satisfied that the proposed work included in the amended application conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. (8) IBC Section 107.3, Examination of documents, is hereby amended as follows: The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. The building official may require third party review to insure compliance with this code. The cost of such review shall be borne by the applicant in compliance with the city's fee schedule. (9) Chapter 2, Definitions, is hereby amended by the addition of the following definition: SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary Ordinance No. 23- Page 3 of 20 Rev 2/ 19 to assure safe living conditions. 2. Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. (10) IBC Section 502.1, Address identification, is hereby amended as follows: New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their backgrounds Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be s elled out. Each character shall be not less than 8 inches (203.2 nun) high with a minimum stroke width of 112 inch 12.7 mm . Where re uired b the fire code official address identification shall be provided in additional approved locations to facilitate emergency response. Where access is_bY means of a private road and the building cannot be viewed from the public way, a monumentpole or other sign or means shall be used to identify the structure. Address identification shall be maintained. (110) IBC Appendix J is hereby amended to add a new Section J101.1.1, Local Regulations, as follows: In addition to the requirements of IBC appendix J, clearing and grading activities shall be reviewed and regulated under the following FWRC regulations: (a) FWRC Title 16 Surface and Stormwater Management; and, (b) Chapter 19.120 FWRC, Clearing, Grading, and Tree and Vegetation Retention; and, (c) Chapter 19.142 FWRC, Flood Damage Prevention. In case of conflict, the most restrictive provision shall apply. Section 3. FWRC 13.20.050 is hereby amended to read as follows: 13.20.050 Fire detection and protection. () A standby power generator set shall be provided on the premises in accordance with the 204$21 International Building Code, Section 403.4, and the 202-0-23 National Electrical Code, as presently constituted or as may be subsequently amended. The standby system shall have a capacity and rating sufficient to supply all equipment required to be operational at the same time, including but not limited to emergency lighting, stair enclosures, elevator shaft pressurization, and elevators. Ordinance No. 23- Page 4 of 20 Rev 2/19 Section 4. FWRC 13.20.090 is hereby amended to read as follows: 13.20.090 Construction inspection. The following shall be required for buildings designed and constructed pursuant to this section: (1) Structural observation provided by the engineer of record for structural frame elements; (2) Special inspections as required in the 204-921 International Building Code; (3) All other inspections shall be in strict accordance with other applicable codes; and (4) Structural observation documents stamped by the engineer of record and all special inspection reports shall be submitted to the Federal Way building division prior to the issuance of a certificate of occupancy. Section 5. FWRC 13.22.020 is hereby amended to read as follows: 13.22.020 201821 International Residential Code adopted. The 204421 Edition of the International Residential Code (IRC) as published by the International Code Council (ICC) is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51- 51 WAC, with the following additions, deletions, and exceptions; provided, that Chapters 11 and 25 through 43 of this code are not adopted; that energy conservation construction is regulated by Chapter 51-11R WAC; that plumbing is regulated by Chapter 51-56 WAC; that electrical installations are regulated by Chapter 296-46B WAC or the National Electrical Code (NEC) as published by the National Fire Protection Association, as adopted by the city of Federal Ways by the MC is her-eby adopted. The standards for liquefied petroleum gas installations shall be NFPA 58 (Liquefied Petroleum Gas Code) and NFPA 54 (National Fuel Gas Code). All other fuel gas installations shall be regulated by the International Mechanical Code (IMC) and International Fuel Gas Code (IFGQ-; ' Section 6. FWRC 13.22.030 is hereby amended to read as follows: 13.22.030 20U21 International Residential Code amendments. The International Residential Code, adopted by reference in FWRC 13.22.020, is amended as follows: (1) IRC 101.1, Title, is hereby amended to read as follows: Ordinance No. 23- Page 5 of 20 Rev 2/ 19 These provisions shall be known as the Residential Code for One- and Two-family Dwellings of The City of Federal Way, and shall be cited as such and will be referred to herein as "this code." (2) IRC Section 105.1.1, Annual permit, is hereby replaced with IBC Section 105.1.1, Work in Critical Areas, to read as follows: Permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall be required for work proposed within critical areas. Work exempt from permit (IBC Section 105.2) shall not apply to work proposed in critical areas. (3) IRC 105.3.1, Action on application, is hereby amended by the addition of the following language: The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing stating the reasons therefore. When the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. The building official may require third party review to insure compliance with this code. The cost of such review shall be borne by the applicant in compliance with the city's fee schedule. (4) IRC 105.4.1, Amended Permit, is hereby created as follows: When the size of the building is increased or the scope for which the permit was issued is changed, an application to amend the building permit shall be required. Amended permit documents including but not limited to revised plans, calculations, product information, energy calculations, or other documents needed in order to clarify the intent and scope of the amended application shall be submitted for plan review. Fees for the review of the amended permit application shall be assessed and paid pursuant to the City of Federal Way fee resolution. When the building official is satisfied that the proposed work included in the amended application conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. (5) R106.3.1, Approval of construction documents, is hereby amended to read as follows: When the building official issues a permit, the construction documents shall be approved in writing or by a stamp. One set of construction documents so reviewed and stamped Approved File Copy, shall be retained by the building official. The other set, stamped Ordinance No. 23- Page 6 of 20 Rev 2/ 19 Approved Site Copy, shall be returned to the applicant, shall be kept at the site of work at all times and shall be open to inspection by the building official or his or her authorized representative. Failure to produce the Site Copy of the plans at time of inspection may result in a failed inspection. (6) IRC Table 301.2(1) is amended by the addition of the following information: Roof Snow Load Wind Design Seismic Design Category Subject To Damage From Winter Design Temp Ice Layer Underlay Required Flood Hazard Air Freezing Index Mean Annual Temp Speed Topo Weathering Frost line Termites Mph Effects 25lb/11' 85 No D2 Moderate 12" Moderate 24 No Yes 250 55 Section 7. FWRC 13.26.020 is hereby amended to read as follows: 13.26.020 201821 International Mechanical Code adopted. The 204821 Edition of the International Mechanical Code (IMC) as published by the International Code Conference (ICC) is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51-52 WAC. In the case of conflict between the duct sealing or insulation requirements of Section 603 or 604 of the IMC and the duct sealing or insulation requirements of Chapter 51-11C WAC, the Washington State Energy Code, the provisions of the energy code shall govern. Section 8. FWRC 13.26.030 is hereby amended to read as follows: 13.26.030 201821 International Mechanical Code amendments. The International Mechanical Code, adopted by reference in FWRC 13.26.020, is amended as follows: (1) IMC 101.1, Title, is hereby amended to read as follows: These regulations shall be known as the Mechanical Code of the City of Federal Way, hereinafter referred to as "this code." (2) IMC 104.6, Notices and orders, is hereby amended to read as follows: Notices and Orders shall be issued in compliance with FWRC 1.15.040. (3) IMC 106.4.1.1, Amended Permit, is hereby created as follows: Ordinance No. 23- Page 7 of 20 Rev 2/19 When the scope of work for which the permit was issued is changed, the building official may amend the mechanical permit. When such fees specified in IMC Section 106 or the Federal Way Fee Schedule have been paid and when changes to the plans and application have been approved, the building official shall issue an "amended permit," which includes the approved changes as well as the original plans and specifications. The issuance of such amended permit shall void the original permit. (4) IMC 106.3.2, Preliminary inspection, is hereby amended to read as follows: Before a permit is issued, the building official is authorized to inspect and evaluate the systems, equipment, buildings, devices, premises and spaces or areas to be used. The building official may require third party review to ensure compliance with this code. The cost of such review shall be borne by the applicant in compliance with the Federal Way Fee Schedule. (5) IMC 106.4.34, Expiration, is hereby amended in its entirety as follows: Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. (6) IMC 106.5.2, Fee schedule, is hereby amended to read as follows: The fees for mechanical permits shall be assessed in accordance with the provisions of the City of Federal Way Fee Schedule. (7) IMC 106.5.3109.6, Fee refunds, is hereby amended in its entirety as follows: Fees shall be refunded in accordance with the City of Federal Way Fee Schedule. (8) IMC 44"115.3, Prosecution of violation, is hereby amended to read as follows: If the notice of violation is not complied with promptly, the building official shall take action as prescribed in Title 1 of the FWRC. (9) IMC 115.4, Violation penalties, is hereby amended to read as follows: Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the building official, or Ordinance No. 23- Page 8 of 20 Rev 2/ 19 of a permit or certificate issued under the provisions of this code, shall be subject to the provisions of Title 1 of the FWRC. (10) IMC 448-.7115.6, Unsafe mechanical systems, is hereby amended to read as follows: A mechanical system that is unsafe, constitutes a fire or health hazard, or is otherwise dangerous to human life, as regulated by this code, is hereby declared as an unsafe mechanical system. Use of a mechanical system regulated by this code constituting a hazard to health, safety or welfare by reason of inadequate maintenance, dilapidation, fire hazard, disaster, damage or abandonment is hereby declared an unsafe use. Such unsafe equipment and appliances are hereby declared to be a nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with Title 1 of the FWRC. (11) IMC 109 7 1115.6.1, Authority to condemn mechanical systems, is hereby amended to read as follows: Whenever the building official determines that any mechanical system, or portion thereof, regulated by this code has become hazardous to life, health, property, or has become insanitary, the building official may issue an order to cease activity. The cease activity notice shall be issued pursuant to Section 1.15.030 of the FWRC. A person shall not use or maintain a defective mechanical system after receiving such notice. When such mechanical system is to be disconnected, written notice as prescribed in Title 1 of the FWRC shall be given. In cases of immediate danger to life or property, such disconnection shall be made immediately without such notice. (12) IMC 1094114.1, Application for appeal, is hereby amended to read as follows: Appeals of decisions or determinations made by the building official relative to the application and interpretation of this code shall be made to the hearings examiner pursuant to FWRC 13.06.060. Section 9. FWRC 13.28.020 is hereby amended to read as follows: 13.28.020 201921 International Existing Building Code adopted. The 204-921 Edition of the International Existing Building Code (IEBC), as published by the International Code Conference (ICC), is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51-50 WAC. Section 10. FWRC 13.28.030 is hereby amended to read as follows: 13.28.030 201821 International Existing Building Code amendments. (1) IEBC 101.1, Title, is hereby amended to read as follows: Ordinance No. 23- Page 9 of 20 Rev 2/ 19 These regulations shall be known as the Existing Building Code of the City of Federal Way, hereinafter referred to as "this code." Section 11. FWRC 13.31.020 is hereby amended to read as follows: 13.31.020 201821 International Fire Code adopted. The 204-921 Edition of the International Fire Code (IFC),, published by the International Code Council, is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51-54A WAC with the following additions, deletions, and exceptions. Appendix B is adopted as amended. Appendices C, E, F, and I are adopted by reference. Section 12. FWRC 13.31.030 is hereby amended to read as follows: 13.31.030 204821 International Fire Code amendments. (1) IFC Section 503 is hereby created as follows: (a) IFC 503.1, Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3. (b) IFC 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story. of the building as measured by an approved route around the exterior of the building or facility. Exception: The fire code official is authorized to increase the dimension of 150 feet (45 720 mm) where: 1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. 2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 3. There are not more than two Group R-3 or Group U occupancies. Ordinance No. 23- Page 10 of 20 Rev 2/19 (c) IFC 503.1.2 Additional access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. (d) IFC 503.1.3 High -piled storage. Fire department vehicle access to buildings used for high -piled combustible storage shall comply with the applicable provisions of Chapter 32. (e) IFC 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8. (f) IFC 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). (g) IFC 503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations. (h) IFC 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all- weather driving capabilities. (i) IFC 503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official. 0) IFC 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatus. (k) IFC 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official. Where Ordinance No. 23- Page 11 of 20 Rev 2/19 elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs or both shall be installed and maintained when required by the fire code official. (1) IFC 503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department's apparatus. The maximum cross slope grade shall not exceed 5%. (m) IFC 503.2.8 Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code official based on the fire department's apparatus. (n) IFC 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. (o) IFC 503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails or other accessways, not including public streets, alleys or highways. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. (p) IFC 503.5.1 Secured gates and barricades. When required, gates and barricades shall be secured in an approved manner. Roads, trails and other accessways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official. Exception: The restriction on use shall not apply to public officers acting within the scope of duty. (q) IFC 503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire chief. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. Ordinance No. 23- Page 12 of 20 Rev 2/19 (2) IFC Section 505.1 is hereby amended as follows: IFC 505.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and 121aced in a osition that is visible from the street or road fronting the propeqy. Address identification characters shall contrast with their back round. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 8 inches 203.2 mm) high with a minimum stroke width of 1 /2 inch 12.7 mm). Where required by the fire code official address identification shall be provided in additional approved locations to facilitate emeMency response. Where access is by means of a private road and the building cannot be viewed from the public wa . a monumentpole or other si= or means shall be used to identify the structure. Address identification shall be maintained. Exception: Each character shall he not less than 4 inches Q02 mm) high with a minimum stroke width of 1/2 inch(12.7 mm) for 1 or 2 family dwellings (23) IFC Appendix B is hereby amended as follows: (a) Section B 105.2, Buildings other than one- and two-family dwellings, is replaced as follows: B 105.2 Buildings other than one- and two-family dwellings. The minimum fire flow and flow duration for buildings other than one- and two-family dwellings shall be as specified in IFC Table B 105.1(2). Exception: A reduction in required fire flow of up to 50 percent, as approved, is allowed when the building is protected throughout with an automatic fire sprinkler system installed in accordance with NFPA 13 or NFPA 13R. The resulting fire flow shall not be less than 1,500 gallons per minute (5,678 L/min) for the prescribed duration as specified in Table B 105.1(2). (b) Table B 105.2 is deleted. Section 13. FWRC 13.31.040 is hereby amended to read as follows: 13.31.040 Fire alarm system. L) In addition to the fire alarm and detection system requirements specified in the IFC, all new buildings and structures exceeding 3,000 square feet gross floor area shall be required to provide an approved automatic fire alarm system. Building additions more than 3,000 gross square feet shall be required to provide an approved automatic fire alarm system serving the addition. Fire walls as noted Ordinance No. 23- Page 13 of 20 Rev 2/19 in Section 706 of the International Building Code shall not be considered to provide a separate building under this section or to enable deletion of the required fire alarm system. Exceptions: Group U or R, Division 3, occupancies. 2 IFC Section 907.8.1.1 is hereby created as follows: Fire alarm panel replacement. Required fire alarms stems per IFC 907.2 that re wire a fire alarm panel re lacement shall meet current code as adopted by Washington State to include the alarm notification and initiation devices Section 14. FWRC 13.34.020 is hereby amended to read as follows: 13.34.020 204821 Uniform Plumbing Code adopted. The 204-821 Edition of the Uniform Plumbing Code (UPC), including Appendices A, B, and I, as published by the International Association of Plumbing and Mechanical Officials (IAPMO), is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51-56 WAC, with the following additions, deletions and exceptions; provided, that Chapters 12 and 15 of this code are not adopted; provided further, that those requirements of the UPC relating to venting and combustion air of fuel fired appliances as found in Chapter 5 and those portions of the code addressing building sewers are not adopted. Where a conflict exists between the provisions of Appendix I and the manufacturer's installation instructions, the conditions of the listing and the manufacturer's installation instructions shall apply. Section 15. FWRC 13.34.030 is hereby amended to read as follows: 13.34.030 201421 Uniform Plumbing Code amendments. The Uniform Plumbing Code, adopted by reference in FWRC 13.34.020, is amended as follows: (1) UPC 103.3.2.1, Amended Permit, is hereby created as follows: When the scope for which the permit was issued is changed, an application to amend the building permit shall be required. Amended permit documents including but not limited to revised plans, or other documents needed in order to clarify the intent and scope of the amended application shall be submitted for plan review. Fees for the review of the amended permit application shall be assessed and paid pursuant to the City of Federal Way fee resolution. When the building official is satisfied that the proposed work included in the amended application conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. (2) UPC 103.3.3, Expiration, is hereby amended to read as follows: Ordinance No. 23- Page 14 of 20 Rev 2/ 19 Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one hundred and eighty (180) days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred and eighty (180) days. A permittee holding an unexpired permit shall be permitted to apply for an extension of the time within which work shall be permitted to commence under that permit when the permittee is unable to commence work within the time required by this section. The building official shall be permitted to extend the time for action one or more times by the permittee for a period not exceeding one hundred and eighty (180) days upon written request by the permittee. In order to renew action on a permit after expiration where such suspension or abatement has exceeded one (1) year, the permittee shall pay a new full permit fee. (3) UPC 103.4.2, Expiration of Plan Review, is amended in its entirety as follows: An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing. A new, complete permit application and full fees must be submitted to restart the review process on any expired application that cannot be extended. The new application date is the date of the new submittal. Section 16. FWRC 13.38.020 is hereby amended to read as follows: 13.38.020 Electrical codes adopted. (1) Adoption by reference. The following codes, as presently constituted or as may be subsequently amended, are all adopted as amended, added to, or excepted in this title, together with all amendments and additions provided in this title, and shall be applicable within the city: (a) The National Electrical Code (NEC), 20?-023 Edition, as published by the National Fire Protection Association; (b) The laws, rules and regulations for installing electrical wiring and equipment set forth in Chapter 19.28 RCW; (c) The following chapters of the Washington Administrative Code: (i) Chapter 296-43 WAC, Heating Installation; Ordinance lbT uge I uj /v Rev 2/ 19 (ii) Chapter 296-45 WAC, Safety Standards, Electrical Workers; (iii) Chapter 296-46B WAC, Electrical Safety Standards, Administration, and Installation. (2) Purpose. This title is enacted as an exercise of police power of the city for the benefit of the public at large. It is not intended to create a special relationship with any individual, or individuals, or to identify and protect any particular class of persons. The purpose of this title is to provide minimum standards to safeguard life or limb, health, property and public welfare, by regulating and controlling building construction and work related thereto. Section 17. FWRC 13.41.020 is hereby amended to read as follows: 13.41.020 201421 International Energy Conservation Code adopted. The 204-921 International Energy Conservation Code (IECC), published by the International Code Council as amended by the state of Washington, is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapters 51-11R and 51-11C WAC. Where this Code is in conflict with one or more of the city's adopted regulations, the more restrictive language shall apply. Section 18. FWRC 13.43.020 is hereby amended to read as follows: 13.43.020 204-821 International Property Maintenance Code adopted. The 204-$21 International Property Maintenance Code (IPMC) is adopted as amended, added to, or excepted in this title, and shall be applicable within the city. Where this Code is in conflict with one or more of the city's adopted regulations, the more restrictive language shall apply. Section 19. FWRC 13.43.030 is hereby amended to read as follows: 13.43.030 201421 International Property Maintenance Code amendments. The International Property Maintenance Code, adopted by reference in FWRC 13.43.020, is amended as follows: (1) IPMC 101.1, Title, is hereby amended to read as follows: These regulations shall be known as the Property Maintenance Code of City of Federal Way, hereinafter referred to as "this code." (2) IPMC 102.3, Application of other codes, is hereby amended to read as follows: Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, Ordinance No. 23- Page 16 of 20 Rev 2/19 International Residential Code, International Fuel Gas Code, International Mechanical Code, Uniform Plumbing Code, National Electrical Code, Washington State Energy Code and the Washington State Ventilation and Indoor Air Quality Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Federal Way Revised Code. (3) IPMC 103 is hereby deleted in its entirety. (4) IPMC 106.2, Notice of violation, is hereby amended to read as follows: The code official shall serve a notice of violation or order in accordance with Title 1 of the Federal Way Revised Code (FWRC). (5) IPMC 106.3, Prosecution of violation, is hereby deleted in its entirety. (6) IPMC 106.4, Violation penalties, is hereby deleted in its entirety. (7) IPMC 106.5, Abatement of violation, is hereby deleted in its entirety. (8) IPMC 107.1, Notice to person responsible, is hereby amended to read as follows: Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Section 1.15.040 of the FWRC. (9) IPMC 107.2, Form, is hereby deleted in its entirety. (10) IPMC 107.3, Method of service, is hereby deleted in its entirety. (11) IPMC 107.5, Penalties, is hereby deleted in its entirety. (12) IPMC 111, title, is hereby amended to read as follows: HEARINGS EXAMINER. (13) IPMC 111.1, General, is hereby amended to read as follows: Appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code shall be made to the hearings examiner pursuant to FWRC 13.05.060. (14) IPMC 111.2, Limitations on authority, is hereby amended to read as follows: Ordinance No. 23- Page 17 of 20 Rev 2/ 19 An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply. The hearings examiner shall have no authority relative to the interpretation of the administrative provisions of this Code nor shall the hearings examiner be empowered to waive any requirements of this code. (15) IPMC 112, title, is hereby amended to read as follows: ORDER TO CEASE ACTIVITY (16) IPMC 112.1, Authority, is hereby amended to read as follows: Orders to cease activity. Whenever any work is being done contrary to the provisions of this Code, or other pertinent laws or ordinances implemented through the enforcement of this Code, the building official may order the work to cease by issuance of an order to cease activity pursuant to the FWRC 1.15.030. (17) IPMC 112.2, Issuance, is hereby amended to read as follows: Occupancy violations. Whenever any building or structure or equipment therein regulated by this Code is being used contrary to the provisions of this Code, the building official may, by issuance of an order to cease activity pursuant to FWRC 1.15.030, order such use discontinued and the structure, or portion thereof, vacated. (18) IPMC 112.3, Unlawful continuance, is hereby amended to read as follows: Any person who shall continue any work after having been served with an order to cease activity, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. (19) IPMC 202, Definitions, is hereby amended to read in part: CODE OFFICIAL. Shall mean the Building Official. (20) IPMC 302.4, Weeds, is hereby amended to read as follows: All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches in height on development property or 12 inches in height on vacant land. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetation, other than trees or shrubs; however, this term shall not include cultivated flowers and gardens. Section 20. A new Chapter 13.47, International Wildland-Urban Interface Code, including Section 13.47.010, 13.47.020, and 13.47.030, is hereby added to Title 13, Buildings, to read as Ordinance No. 23- Page 18 of 20 Rev 2/19 follows: Chanter 13.47 lntcrnatiopal Wildland-Urban Interface Code 13.47.010 Title. This chapter shall be known as International Wildland-Urban Interface code. 13.47.020 2021 International Wildland-Urban Interface Code adopted. The 2021 International Wildland-Urban Interface Code IWUIC is adopted as amended, added to, or exce ted in this title, and shall be a licable within the cijy. Where this Code is in conflict with one or more of the city's adopted regulations. the more restrictive language shall apply_ 13.47.030 2021 International Wildland-Urban Interface Code amendments. The International Wildland-Urban Interface Code ado ted by reference in FWRC 13.47.030, is amended as follows: (1) IWUIC 101.1. Title, is hereby amended to read as follows: These regulations shall be known as the Wildland-Urban Interface Code of Cily of Federal Wa hereinafter referred to as "this code." Section 21. 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, clause, 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 22. Corrections. The City Clerk and the codifiers of this ordinance are authorized to Ordinance No. 23- Page 19 of 20 Rev 2/ l 9 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 23. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 24. 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 2024. 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 20 of 20 Rev 2/19 COUNCIL MEETING DATE: January 2, 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MIDDLE HOUSING GRANT AND INTERLOCAL AGREEMENT POLICY QUESTION: Should the City of Federal Way accept a $75,000 grant to implement Middle Housing in compliance with HB 1110 and authorize the Mayor to execute an Interlocal Agreement with the Washington State Department of Commerce? COMMITTEE: Land Use and Transportation MEETING DATE: December 4, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Chaney Skadsen DEPT: CD Attachments: 1. Staff Report 2. Interlocal Agreement Options Considered: 1. Accept the $75,000 Middle Housing grant and authorize the Mayor to execute the Interlocal Agreement with the Washington State Department of Commerce. 2. Do not accept the Middle Housing rant and provide direction to staff. MAYOR'S RECOMMEND ,4.TION: Option 1. MAYOR APPROVAL: OOF )1 DIRECTOR APPROVAL: 11.20.23 • C aril Initial/Date COMMITTEE RECOMMENDATION: I move to forward the Middle Housing grant and associated Interlocal Agreement with the Washington State Department of Commerce to the January 2, 2024, consent agenda for approval. Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of the $75,000 Middle Housing grant and authorize the Mayor to execute an Interlocal Agreement with the Washington State Department of Commerce. " (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 20, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, AICP, CEeD, Community Development Director Chaney Skadsen, Senior Planner 06-YAL- SUBJECT: Middle Housing Grant and Interlocal Agreement FINANCIAL IMPACTS The City would accept a $75,000 grant for Middle Housing from the Washington State Department of Commerce. There is no local match requirement for accepting the grant. BACKGROUND INFORMATION The 2023-2025 State Operating Budget (Senate Bill 5187) directs the Washington State Department of Commerce to administer grants and provide technical assistance to cities or counties for actions relating to adopting ordinances that plan for and accommodate housing. Commerce will make approximately $4.5 million available in statewide grants to implement House Bill 1110 (2023) supporting the development of middle housing. HB 1110 defines "Middle housing" as "buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing." A key provision of the bill mandates that cities adhere to its specifications and terms within six months of the subsequent periodic update required under RCW 36.70A.130. In this case, the City of Federal Way is scheduled to adopt the Periodic Update to the Comprehensive Plan December of 2024. Consequently, the City is under obligation to implement and conform to the mandates of HB 1110 by June 2025. LOCAL REGULATIONS CONCERNING MIDDLE HOUSING In the City of Federal Way there are 9 zoning districts predominately zoned for residential uses. These zones are depicted in color on the map below and will be under consideration and evaluated for Middle Housing as part work funded by the grant. November 21, 2023 Land Use and Transportation Committee Authorize Acceptance of Middle Housing Grant Page 2 CIf+� AeO DateSe 23 GtyofFdeelW,.yZones Considered Federal Way GIB DMsIan 33325 SM Aye S Ctn ttt'd W 0AiWtWI 1;y for Middle Housing Federal Way, W35-7003 1zs31 s3saa0d www dryoftederslway cam PY� iF'ILti.'— V Kent ' Dag ' moincs . F nn r ■!�-yet.— _ - i 102 [, 1 l Milton f City Limits Federal Way Zoning Designations: RS7.2 - 1 Unit 17.200 Square Feel Neighboring City MUL11fAMILYZONES RS9.6 -1 Unit 19,600 Square Feel Unincorporated Areas RM1800 - 1 Unit / 1,800 Square Feet RS15.O - 1 Unit 1 15,ODO Square Feel Q Zoning Boundary (Outline) RM24DO - 1 Unit / 2,400 Square Feet RS35.0 - 1 Unit 135,D00 Square Feel — Arterial Street RM3600 - 1 Unit / 3,600 Square Feet SE - 1 Unit / 5 Acres Divided Freeway SINGLE FAMILY ZONES — Collector Street RS5.0 -1 Unit 15,000 Square Feet November 21, 2023 Land Use and Transportation Committee Authorize Acceptance of Middle Housing Grant Page 3 The applicable development regulations and permitted uses for the zoning districts predominately zoned for residential uses are contained within three chapters of Title 19 Zoning and Development Code of the Federal Way Revised Code (FWRC), see list below. 1. FWRC 19.195 Suburban Estates (SE): This chapter regulates only one zoning district, Suburban Estates (SE). This zone has a minimum lot size of 5 acres. 2. FWRC 19.200 Single Family Residential (RS): This chapter regulates four zones based on the minimum lot size. o RS5.0 minimum lot size of 5,000 sq. ft. o RS7.2 minimum lot size of 7,200 sq. ft. o RS9.6 minimum lot size of 9,600 sq. ft. o RS 15.0 minimum lot size of 15,000 sq. ft. o RS 35.0 minimum lot size is 35,000 sq. ft. 3. FWRC 19.205 Multifamily Residential (RM): This chapter regulates three zones based on the minimum square footage required per unit for multifamily, and maximum density and minimum lot size for zero lot line townhomes and attached housing units (such as middle housing). o RM1800 maximum 24 units per acre, minimum lot size of 1,500 sq. ft. for zero lot line o RM2400 maximum 18 units per acre, minimum lot size of 1,500 sq. ft. for zero lot line o RM3600 maximum 12 units per acre, minimum lot size of 2,250 sq. ft. for zero lot line The table below demonstrates which middle housing typologies are permitted (green) and not November 21, 2023 Land Use and Transportation Committee Authorize Acceptance of Middle Housing Grant Page 4 It is worth noting that in zones where middle housing uses are permitted often additional regulations apply that may create barriers and limit the feasibility of middle housing projects within the City of Federal Way. These regulations will be further evaluated throughout the course of the grant. .M►r Washington State p� V�►q Commerce Interagency Agreement with Federal Way through Growth Management Services Contract Number: 24-63326-115 For Middle Housing Grant Dated: Date of Execution pegu •irnent of �i►� C�mm��tti Table of Contents Tableof Contents...........................................................................................................................2 FaceSheet ......................................................................................................................................3 Special Terms and Conditions.....................................................................................................4 1. AUTHORITY................................................................................................................................... 4 2. CONTRACT MANAGEMENT......................................................................................................4 3. COMPENSATION..........................................................................................................................4 5. SUBCONTRACTOR DATA COLLECTION...............................................................................5 6. INSURANCE................................................................................................................................... 5 7. FRAUD AND OTHER LOSS REPORTING...............................................................................5 8. ORDER OF PRECEDENCE..... — - — - — — . .... .............................................................................. 5 GeneralTerms and Conditions............................................................................................................6 1. DEFINITIONS........................................................................................................•------.......................6 2. ALL WRITINGS CONTAINED HEREIN..................................................................................................6 3. AMENDMENTS..................................................................................................................................6 4. ASSIGNMENT.....................................................................................................................................6 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION............................................................ 6 6. COPYRIGHT........................................................................................................................................7 7. DISPUTES...........................................................................................................................................7 8. GOVERNING LAW AND VENUE............................--...---.....................................................................8 9. INDEMNIFICATION............................................................................................................................ 8 10. LICENSING, ACCREDITATION AND REGISTRATION........................................................................8 11. RECAPTURE......................................................................................................................... 12. RECORDS MAINTENANCE..............................................................................................................8 13. SAVINGS.........................................................................................................................................8 14. SEVERABILITY................................................................................................................................ 8 15. SUBCONTRACTING..................................:.....................................................................................9 16. SURVIVAL...................................................................................................................................... 9 17. TERMINATION FOR CAUSE............................................................................................................ 9 18. TERMINATION FOR CONVENIENCE...............................................................................................9 19. TERMINATION PROCEDURES........................................................................................................9 20. TREATMENT OF ASSETS..............................................................................................................10 21. WAIVER.......................................................................................................................................11 Attachment A: Scope of Work..........................................................................................................12 AttachmentB: Budget......................................................................................................................15 Page 2 of 15 ®®0�( (AIQiH`I(V Far_p Shppt Contract Number: 24-63326-115 Local Government Division Growth Management Services Middle Housing Grants 1. Contractor 2. Regional Planner Federal Way 33325 8th Ave S Carol Holman Federal Way, WA-98003 Carol. Holman@commerce.wa.gov 3. Contractor Representative 4. COMMERCE Representative Chaney Skadsen Anne Aurelia Fritzel 1011 Plum Street SE Senior Planner Housing Planning Manager Olympia, WA 98504 253-835-2644 or 253-569-1772 360-259-5216 Chaney.Skadsen@cityoffederalway.com Anne.Fritzel@commerce.wa.gov 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $75000 Federal: ❑ State: ® Other: ❑ N/A: ❑ Date of Execution June 15, 2025 9. Federal Funds (as applicable) Federal Agency: ALN N/A N/A N/A 10. Tax ID # 11. SWV # 12. UBI # 13. UEI # N/A 00-1595700 601-223-538 N/A 14. Contract Purpose For activities that support the preparation and adoption of policies and/or codes and other measures specific to implement middle housing (RCW 36.70A.030(26)) by applicable statutory deadlines. COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope of Work, and Attachment "B" — Budget. FOR CONTRACTOR Jim Ferrell, Mayor Signature Date FOR COMMERCE Mark K. Barkley, Assistant Director Local Government Division Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE Page 3 of 15 Washing'.on Slate ®� ((i311 Special Terms and Conditions 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall pay an amount not to exceed $75000 (seventy-five thousand dollars), for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work. 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of deliverables provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly nor less than quarterly. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number 24- 63326-115. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services. Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The Contractor must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. Du;alication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Any payment made by COMMERCE Page 4 of 15 Washing:un Slale V®col IIIIif, rct for costs that are determined to be duplicate, in Commerce's sole determination, shall be subject to recapture and may result in suspension or termination of this Contract. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until acceptance by COMMERCE of the final report (or completion of the project, etc.). 5. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Contract performed by subcontractors and the portion of Contract funds expended for work performed by subcontractors, including but not necessarily limited to minority -owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 6. INSURANCE Each party certifies that it is self -insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 7. FRAUD AND OTHER LOSS. REPORTING Contractor shall report in. writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 8. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget Page 5 of 15 ■ol4� Washington State 14� C( General Terms and Conditions 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Washington Department of Commerce. C. "Contract" or "Agreement" or "Grant" means the entire written agreement between COMMERCE and the Contractor, including any Attachments, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" or "Grantee" shall, mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and Page 6 of 15 ►r'Nashinr�:wr Slalw C�pz^meet of � [;c�mmercr ill. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such. a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make Page 7 of 15 �►, WaO i�y ^ci,ii �f CoinlTl14INIC a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be.construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. Page 8 of 15 Washiny.un Slate f Cxiinterce 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days' written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or Page 9 of 15 Washington Slate Df�•unern ai pia Cumn-WIX-P acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the .extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. Page 10 of 15 Washing:vi Slate '06OFG)II)I3V F(V A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract. E. All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Page 11 of 15 10% Vhashing:w+ 5lale Fe�za^,meet of WC Attachment A: Scope of Work IW ive: Conduct middle housing specific community outreach, prepare and adopt a housing dinance add[q 'ddie Housing that implements the requirements. of HB 1110 amending Federal - :,Pray Revised Actions/Steps/ Description Start Date End Date Deliverables Action 1 Plan and Publish Middle Housing June 2023 May 2024 Public Engagement Materials Step 1.1 Develop middle housing public Sep 2023 Dec 2024 engagement plan Buy subscription to Engage HQ host Step 1.2 Middle Housing webpage Dec 2024 May 2024 informational materials, surveys, for the public Deliverable 1 Middle Housing Public Engagement May 2024 Plan and Engagement Materials Draft i ddle housing amendments to Action 2 the Housing Chapter of the July 2023 May 2024 Comprehensive Plan to comply with HB 1110 Draft amendments to text, goals, Step 2.1 policies, actions of the Housing July 2023 May 2024 Chapter specific to HB 1110 Hold public meetings, outreach events, identify and conduct outreach to vulnerable populations, inform and Step 2.2 solicit feedback from stakeholders, July 2023 May 2024 develop and update social media materials specific to HB 1110. Deliverable 2 Draft amendments to text, goals, policies, and actions to the Housing May 2024 Chapter of the Comprehensive Plan specific to HB 1110 Page 12 of 15 ,0%rvasl�iriy:cx� Sale Lpt~morn +�f %� i}ill]71eiY�E Action 3 Adopt text, goals, policies, and actions to the Housing Chapter Mar 2024 Jan 2025 specific to HB 1110 Transmit draft Housing Chapter amendments addressing Middle Step 3.1 Housing to the State for State agency June 2024 Aug 2024 review (RCW 36.70A.106). Issue Environmental Review (SEPA) Step 3.2 Planning Commission Public Jul 2024 Aug 2024 Hearing(s) Land Use and Transportation Step 3.3 Committee consideration of Planning Aug 2024 Oct 2024 Commission recommendation City Council adopt ordinance (as part Step 3.4 of Comprehensive Plan Periodic Nov 2024 Dec 2024 Update) addressing Middle Housing Adopt Middle Housing related text, goals, policies and action specific to Deliverable 3 HB 1110 as part of the Housing Jan 2025 Chapter to the Periodic Update of the Comprehensive Plan Prepare Draft Middle Housing Action 4 Development Regulation Jan 2024 April 2025 Amendments Analysis of options for HB 1110 Step 4.1 compliance. Meetings with Planning Jan 2024 Aug 2024 Commission on direction for development regulation amendments Audit existing development Step 4.2 regulations for needed middle housing Jan 2024 Aug 2024 related amendments Review Commerce Middle Housing Step 4.3 Mai-2024 Sep 2024 Model Ordinance and other resources Deliverable 4 Draft Housing ordinance amending development regulations addressing April 2025 Middle Housing Action 5 Adopt development regulations July 1, 2024 June 15, 2025 addressing Middle Housing Page 13 of 15 Washington State Transmit draft Housing ordinance addressing Middle Housing to the Step 5.1 State for State agency review (RCW Dec 2024 Feb 2025 36.70A.106). Issue Environmental Review (SEPA) Step 5.2 Planning Commission Public Hearing Feb 2025 Mar 2025 Land Use and Transportation Step 5.3 Committee consideration of Planning April 2025 Commission recommendation City Council adoption of development Step 5.4 regulation amendment ordinance for May 2025 addressing Middle Housing Deliverable 5 Adopted Housing ordinance addressing Middle Housing I May 2025 June 2025 June 15, 2025 Page 14 of 15 ln/ . �®®• CifIIIi1011 f, Attachment B: Budget Grant Objective: Conduct middle housing specific community outreach, prepare and adopt a housing ordinance addressing Middle Housing that implements the requirements of HB 1110 amending Federal Way Revised Code. Deliverable 1: Public Engagement Plan and Engagement Materials Deliverable 2: Draft amended Housing Chapter to the Comprehensive Plan Deliverable 3: Adopt Middle Housing related goals, policies and action as part of the Periodic Update of the Comprehensive Plan Deliverable 4: Draft Housing ordinance amending development regulations addressing Middle Housing Deliverable 5: Adopted Housing ordinance addressing Middle Housing Total: Fiscal Year Commerce Funds FY1— May 2024 $25,000 FY1— May 2024 $12,500 FY2—Jan 2025 $10,000 FY2 —April 2025 $12,500 Y2—June2025 F $15,000 1 $75,000 Page 15 of 15 COUNCIL MEETING DATE: January 2, 2024 ITEM #: e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: LICENSING PERMANENT SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING, AND EMERGENCY HOUSING AND SHELTER POLICY QUESTION: Should the City -Council amend FWRC Title 1'2 to provide code clarifications relating to emergency shelters that do not accommodate overnight residents? COMMITTEE: Land Use & Transportation MEETING DATE: December 4, 2023 CATEGORY: ❑ Consent M Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven, AICP, CEcD DEPT_ Community Development Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1, vv.. ,, MAYOR APPROVAL: j DIRECTOR APPROVAL: i- l 1.22.23 C W Co i InitiaMate initial ❑ Initi I•I]ate COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 2, 2024. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (1/2/24): `I move to forward the proposed ordinance to the January 16, 2024 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (1/16/24): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED—11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 22, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, CD Director — SUBJECT: Ordinance: Licensing Permanent Supportive Housing and Transitional Housing, and Emergency Housing and Shelter Financial Impacts: As the proposed code amendments provide clarity to a process already adopted by the City Council, there are no costs to the City for adopting the proposed code amendments. Background Information: On October 19, 2021, the City Council approved code amendments responsive to the passage of HB 1220 relating to permanent supportive housing and transitional housing, and emergency housing and shelter. Subsequent to those code amendments, the Council approved Ordinance 22- 929 on January 18, 2022, to •create an operations and licensing program for these types of housing. The code provisions were developed by City staff and were written to accommodate housing that was envisioned for the Extended Stay and the Red Lion, both known projects for Federal Way. Both of these types of housing allowed for overnight residents. As such, the originally adopted language lacks clarity regarding its applicability to emergency housing and shelter uses that do not allow overnight residents, such as day and warming centers. The proposed ordinance clarifies the applicability of the licensing program to non -overnight emergency housing and shelter uses. Rev. 6/2020 ORDINANCE NO.23- AN ORDINANCE of the City of Federal Way, Washington, relating to licensing of permanent supportive housing and transitional housing, and emergency housing and shelter, amending FWRC 12.35.070 and 12.35.080 (Amending Ordinance No. 22-929). WHEREAS, the City of Federal Way ("City") adopted licensing provisions for permanent supportive housing and transitional housing and emergency housing and shelter with the adoption of Ordinance 22-929 in January 2022; and WHEREAS, the licensing provisions were drafted for facilities housing residents overnight; and WHEREAS, Federal Way has an emergency shelter that does not accommodate overnight residents; and WHEREAS, this ordinance contains amendments to FWRC Title 12, clarifying the licensing requirements for facilities that do not have overnight residents; and WHEREAS, it is in the public interest for the City Council to adopt the amendments to FWRC Title 12. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The recitals set forth above are hereby adopted and restated as findings of fact. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by providing clearer code provisions. (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. Ordinance No. 23- Page I of 6 (d) These code amendments are consistent with the intent and purpose of its title of FWRC Title 12 and will implement and is consistent with the applicable provisions of the Federal Way Comprehensive Plan. (e) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. FWRC. (f) These code amendments have followed the proper procedures required under the Section 2. Conclusions. Pursuant to the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUG 9 Support a diverse community comprised of neighborhoods that provide a range of housing options; LUP 10 Support the continuation of a strong residential community. LUG 3 Preserve and protect Federal Way's single-family neighborhoods. LUP 13 Maintain and protect the character of existing single-family neighborhoods through strict enforcement of the City's land use regulations. HP 43 Coordinate City actions related to homelessness with the City's Community Services Division and non-profit housing and human services providers. HP 44 Emergency shelters should be permitted and regulated to ensure there are adequate opportunities to locate them within the City, to avoid overconcentration of facilities, to ensure that such facilities and housing are properly managed, and to avoid or Ordinance No. 23- Page 2 of 6 mitigate significant impacts on existing residential neighborhoods or other surrounding uses. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare as they are intended to improve the use of development agreements within the City. Development agreements were added to State statute because the lack of certainty in the approval of development projects can result in a waste of public and private resources, escalate housing costs for consumers and discourage the commitment to comprehensive planning which would make maximum efficient use of resources at the least economic cost to the public. Assurance to a development project applicant that upon government approval the project may proceed in accordance with existing policies and regulations, and subject to conditions of approval, all as set forth in a development agreement, strengthen the public planning process, encourage private participation and comprehensive planning, and reduce the economic costs of development. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because: 1) they are responsive to issues raised this year; and, 2) they provide clarifications for currently -ambiguous code sections thereby reducing the need for further director interpretations and the potential for appeals and/or litigation. Section 3. FWRC 12.35.070 is hereby amended to read as follows: 12.35.070 Standards of safety and operation. (1) Every facility licensed under the provisions of this chapter, except for emergency housing and shelter facilities that do not provide overnight accommodations must meet the following safety and operational requirements: (a) Adopt and broadly disseminate a written security and emergency plan for residents., guests,. and employees. Ordinance No. 23- Page 3 of 6 (b) Establish protocols to work with current or prospective residents and guests with active felony warrants to resolve the outstanding warrant(s) with applicable legal authorities. (c) Take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from all current and prospective residents, and keep a log containing this information. (d) Prohibit direct intake of residents without referral. (e) Incorporate procedures into operations to ensure complete and accurate recordkeeping. (f) Post prominently a list of all human and health services offered with a brief description of the service(s) and the availability of such service(s). (g) Follow Crime Prevention Through Environmental Design (OPTED) standards for landscaping and plant maintenance. (h) Broadly disseminate information to residents identifying transit, pedestrian and bicycle routes to services and schools from the site. (2) Every standalone facility exclusively for permanent supportive housing and transitional housing, and/or emergency housing and shelter licensed under the provisions of this chapter, except for permanent supportive housing and transitional housing in the suburban estate (SE) or single-family residential (RS) zones, must meet the following additional safety and operation requirements: (a) Install lighting in all internal common areas providing a minimum of one and one-half foot-candles at ground level 24 hours per day, seven days a week. (b) Have a manager or operator's representative on the premises at all times durin operatinghours. ours. Ordinance No. 23- Page 4 of 6 (3) Every newly constructed facility licensed under the provisions of this chapter, except for newly constructed permanent supportive housing and transitional housing in the suburban estate (SE) or single-family residential (RS) zones, must also implement the security program and strategies addressed in FVWRC 19.115.040. Section 4. FVWRC 12.35.080 is hereby amended to read as follows: 12.35.080 Standards of conduct. Every facility licensed under the provisions of this chapter must adopt and enforce standards of conduct applicable to all residents and guests. designed to ensure that: (1) All residents and guests comply with all applicable federal, state, and local laws, including all safety and sanitation requirements and the city's building, fire, and zoning and development codes. (2) No residents or guests shall exhibit threatening or unsafe behavior. (3) No residents or Quests shall use, possess, or sell illegal drugs. Section 5. 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 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. Ordinance No. 23- Page 5 of 6 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. 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 6 of 6 COUNCIL MEETING DATE: N/A ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: OVERVIEW OF STREET VACATION POLICY QUESTION: There is no Policy Question or option to be considered the presentation is provided for information only. COMMITTEE: Land Use and Transportation MEETING DATE: December 4, 2023 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: EJ Walsh, PE, Public Works Director DEPT: Public Works Attachments: 1. Staff Report Options Considered: There are no options for consideration this is being presented for informational purposes only. MAYOR'S RECOMMENDATION: MAYOR APPROVAL: j/ N/A Council Initial/Date DIRECTOR APPROVAL: 4-- L%,1,LxV%'TPt3 Initial/Date COMMITTEE RECOMMENDATION: N/A K L/R WN Committee Chair Committee Member 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 - 4/2019 RESOLUTION # CITY OF FEDERAL WAY COUNCIL BRIEFING REPORT DATE: November 6, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor /� FROM: EJ Walsh, P.E., Public Works Director4l � SUBJECT: Overview of Street Vacation Financial Impacts: This item is informational only, there are no associated financial impacts. Background Information: The City has requirements in Chapter 19.135.252 of City Code outlining the requirements associated with the vacation of Right of Way. The same section also requires Public Works to prepare and make available administrative policies for vacations, which can be found on the City website, last updated June of 2020. RCW Chapter 35.79 guides the City's review of any vacation. Street Right of Ways are unique from all other types of property in Washington State. Instead of ownership, the City holds Right of Way, in trust, on behalf of the public, for public use. As such, relinquishing Right of Way is a significant act, in that the City is electing to give up a right of the public. In granting a vacation, the City is obligated to ensure that the public's interest is protected, there is an associated public benefit for the relinquishment of rights, and typically receives fair market value for the subject area or equivalent property. To facilitate a request, the petitioner must submit a Public Trust Analysis and a Public Benefit Analysis. These are reviewed by staff and ultimately a recommendation is made to Council based on input from the public, city departments, utilities, and others. There are no rights under City code or State law to acquire or develop a public Right of Way and Council may not approve a vacation without first declaring that the public's interest has been protected and the public benefit outweighs any future benefit of retaining the Right of Way. Further, the City's default position is that unless there is a compelling reason and benefit to the public to preserve the Right of Way and keep it in the trust of the public. Rev. 7/l8 00 COUNCIL MEETING DATE: N/A ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MARINE VIEW DRIVE STREET VACATION POLICY QUESTION: There is no Policy Question or option to be considered the presentation is provided for information only. COMMITTEE: Land Use and Transportation MEETING DATE: December 4, 2023 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Cole Elliott, PE, %>- DEPT: Public Works Attachments: 1. Staff Report Options Considered: There are no options for consideration this is being presented for informational purposes only. MAYOR'S RECOMMENDATION: I1 MAYOR APPROVAL: %� N l-t DIRECTOR APPROVAL: 1 12 \7cz-> cofmittc Council Initial/Date InitFa Initial/Date COMMITTEE RECOMMENDATION: N/A K LA- t4 1'� N I� Committee Chair Committee Member Committee Member om 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 - 4/2019 RESOLUTION 4 CITY OF FEDERAL WAY COUNCIL BRIEFING REPORT DATE: November 6, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director a� Cole Elliott, P.E., Development Services Manager C.- SUBJECT: Marine View Drive Street Vacation Financial impacts: In April 2023, the City received a request for street vacation along with the associated review fee. If the street vacation is granted the City will receive market rate compensation for the area vacated which will go into the Street Operation Fund. Background Information: In 2012, a single-family residence was constructed at 30404 281h Ave SW (King County Parcel No. 4166600647). The residence was discovered to have been constructed partially in the unopened right-of-way of Marine View Drive. Homeowners, Piotr and Larisa Raiter, would like to petition to vacate a 30-foot section of Marine View Drive, abutting their property on 28th Avenue SW for 227.7 feet. The vacation request would allow the applicants to correct the encroachment of their residential building to avoid demolition or relocation of the home. The request includes 6,831 square feet. This unopened segment of right-of-way will serve as the future entrance to Poverty Bay Park. The right-of-way is located in a Residential, RS 15.0, medium density zoning. The City's Comprehensive Plan does not include a proposed street section for the right-of-way. In 2022, the owners petitioned Public Works for a reduction of the existing 80-foot wide right-of-way to a 50-foot section for the future park entrance. After consideration Public Works granted this street modification on November 16, 2022. Staff is bringing the informational briefing to LUTC in conformance with the 2020 City of Federal Way Administrative Street Vacation Policies, which require the applicant to present the request for street vacation to LUTC prior to submitting a petition for vacation. Rev. 7/18 COUNCIL MEETING DATE: N/A ITEM #:-+ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROGRESS UPDATE ON SOUND TRANSIT PROJECTS IN FEDERAL WAY POLICY QUESTION: None. COMMITTEE: Lane Use and Transportation Committee MEETING DATE: December 4, 2023 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Kent Smith P.E., Sound Transit Liaison DEPT: Public Works Attachments: 1. Staff Report Options Considered: N/A MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A DIRECTOR APPROVAL: fI� 'l9111oxL -3 + 27' ill %�3 Council Ini iavDate Inili /DIc r� Initial/Date COMMITTEE RECOMMENDATION: N/A N Ip� NIR NIA Jack Dove , 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 # CITY OF FEDERAL WAY MEMORANDUM DATE: December 4, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Kent Smith, P.E., Sound Transit Liaison SUBJECT: Progress Update on Sound Transit Projects in Federal Way Financial Impacts: None. Background Information: Staff will present the monthly progress update on the Sound Transit projects in the City of Federal Way. Updates for this month include: Federal Way Link Extension: • Two-way traffic along 23`d Ave S adjacent to the new transit center is restored for the moritorium. • Utility work continues in the vicinity of the new transit station. • Roadway paving of new roadway for 23rd Ave S and S 3171h St continues with concrete panels going in along 23d Ave S and S 3171h St, along with sidewalk, curb, gutter, and driveway approaches. • Landscaping, stormwater installation, noise wall construction, systems ductwork, concrete plinths, OCS foundations, sub ballast installation, and MSE wall construction is ongoing along the corridor. + Rail delivery and installation continues along the corridor. ■ Curb, gutter, sidewalk, Storm drainage and utility work for the new 22nd Ave S, S 319th St, and S 318th St adjacent to the new transit station is ongoing. ■ Garage extension is ongoing with electrical, plumbing, HVAC, and fire protection installations. ■ Artwork for the garage extension is on schedule to be installed in early 2024. ■ Federal Way Transit Center Station work continues with ceiling panel installation, escalator and elevator installation and testing, and plumbing, electrical and glass work. • Interior work for the End of Line Facility is ongoing. Rev. 7/18 OMF South: Staff comments have been submitted for the NEPA DEIS. Tacoma Dome Link Extension: No updates since the last LUTC meeting. Rev. 7/18