The URL can be used to link to this page

Council PKT 06-07-2005 Special/Regular ~ federal Way City Council Meeting AGENDA CO UN CILMEMBERS Dean McColgan, Mayor Jeanne Burbidge Jack Dovey Eric Faison Jim Ferrell Linda Kochmar Mike Park CITY MANAGER David H. Moseley Office of the City Clerk June 7, 2005 1. II. III. I. II. III. IV. AGENDA FEDEIML WAY CITY COUNCIL Council Chambers - City Hall June 7, 2005 (IVWIv. cilyolfederalway. com) * * * * Study Session - 5:00 Ihill:. CALL MEETING TO ORDER DIVERSITY COMMISSION INTERVIEWS ADJOURNMENT !k2ular Meetin2 - 7 :00 Ihill:. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS a. b. Swearing-In Ceremony/Police Officers Youth Commission Appreciation Plaques (outgoing Commissioner.\) Introduction ofNcw Staff/City Manager Emerging Issues/City Manager c. d. CITIZEN COMìvŒNT PLEA5Œ COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKiNG. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO TflREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. (Page I of3) v. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion lndividual items may be removed by a Councilmember for separate discussion and subsequent motion a. b. c. d. e. f. g. h. VI. ~,¡fjA-' d ( ~. h--, @...;- VII. a. b. Minutes/May 17,2005 Regular Meeting Council Bill #370/2004 Comprehensive Plan/Kitts Comer - Enactment Ordinance Council Bill #37l/2004 Comprehensive Plan/Puget Center Partnership - Enactment Ordinance Council Bill #372/2004 Comprehensive Plan! Amenqments tQ Chapter 5 of Comprehensive Plan - Enactment Ordinance Saghalie Firs Preliminary Plat - Resolution Proposed Interlocal Agreement between Federal Way and King County Regarding Annexation Areas Approyal of Bid for Purchase of Police Laptops Tourism Enhancement Grants r. C)lY COllNCI.L BUS.INESS -J. r .. ú' /). '- ~ ~~rt-37S/~.~~ DiversitY.Commjssio~ Appointments' v ~ ~.. ~ CommunIty Center B ,d Appro val ~ f f1 ~ tf' INTRODUCTION ORDINANCES Council ßiH#373/Municipal Court Judges Salary AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE CHAPTER TWO, ARTICLE X, SECTION 2-311 TO SET THE MUNICIPAL COURT JUDGFS SALARY (AMENDING ORDINANCE NUMBERS 99-339, 01-397, 05-484). Council Bill #374/Proposed Amendment to VSNL Telecommunicgtions Franchise AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE NO. 05~485 TO EXTEND THE PERlOD OF ACCEPTANCE FOR ORDINANCE NO. 05-485 GRANTING VSNL TELECOMMUNICATIONS (US), INc., A DELAWARE CORPORAtION, A NONEXCLUSIVE FRANCHISE TO OCCUpy RIGIITS-OF-W A Y OF THE CITY OF FEDERAL W ^ Y, WASHINGTON, FOR THE PURPOSES OF MAINTAINING, REPAIRING, AND RESTORING A FIBER opnc COMMUNICATIONS SYSTEM WITHIN AND THROUGH TIlE CITY OF FEDERAL WA Y. (Page 2 of3) VIII. IX. X. a. b. c. XI. CITY COUNCIL REPORTS CITY MANAGER REPORT EXECUTIVE SESSION Collective Bargaining/Pursuant to RCW 42.30.140(4)(ill Property Acquisition/Pursuant to RCW 42.30.110(1 )(b) Potential Litigation/Pursuant to RCW 42.30.110(1 )(i) ADJOURNMEN'r H THE COUNCIL MA Y ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** THE COMPLETE AGENDA PACKET IS AVAILAßLI<: FOR REVIEW AT CITY HALL AND ON THE CITY'S WEßSITE UNDER CITY COlfNClL MEETING AGENDA AND PACKETS-\'Olf MAY ALSO I<:-SUBSCRIßE TO RECF,IVE ONGOING NOTIFICATION OF CITY COUNCIL UPDATES {Page 3 0/3} I. II. Ill. I. II. III. IV. AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall June 7, 2005 (WW1V. cityt!flederalway.com) * * * * Study Session - 5:00 I!.:..!!b CALL MEETING TO ORDER DIVERSITY COMMISSION INTERVIEWS ADJOURNMENT B&2ular Meetin2 - 7: 00 I!.:..!!b CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENT A TIaNS a. b. Swearing-In Ceremony/Police omcers Youth Commission Appreciation Plaques (outgoing; Commissioner,s) Introduction of New Staf1ïC1ty Manager Emerging Issues/City Manager c. d. CITIZEN COMMENT PLEASE COMPLETE THE PINK SUP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please comejÒrword to the podium and state your name/or the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negative(y to other individuals. or are otherwise inappropriate. (Page 1 q{3) v. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee olthree members and brought before fit/I Councillor approval: all items are enacted by one motion Individual items may be removed by a Councilmember jòr separate discussion and subsequent motion a. b. c. d. e. f. g. h. VI. a. b. VII. a. Minutes/May 17,2005 Regular Meeting Council Bill #370/2004 Comprehensive Plan/Kitts Corner - Enactment Ordinance Council Bill #371/2004 Comprehensive PlaniPuget Center Partnership - Enactment Ordinance Council Bill #372/2004 Comprehensive Plan/Amendments to Chapter 5 of Comprehensive Plan - Enactment Ordinance Saghalie Firs Preliminary Plat - Re.'iolution Proposed lnterlocal Agreement between Federal Way and King County Regarding Annexation Areas Approval of Bid for Purchase of Police Laptops Tourism Enhancement Grants CITY CaUNCIL BUSINESS Diversity Commission Appointments Community Center Bid Approval INTRODUCTION ORDINANCES Council Bill #373/Municipal Court Judges Salary AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Of FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE CHAPTER TWO, ARTICLE X, SECTION 2~311 TO SET THE MUNICIPAL COURT JUDGES SALARY (AMENDING ORDINANCE NUMBERS 99-339, 01-397, 05-484). b. Council Bill #374/Proposed Amendment to VSNL Telecommunications Franchise AN ORDINANCE OF THE CITY COUNCIL OF THE CITY or fEDERAL WAY, WASHINGTON, AMENDING ORDINANCE NO. 05-485 TO EXTEND THE PERIOD OF ACCEPTANCE FOR ORDINANCE NO. 05-485 GRANTING VSNL TELECOMMUNICATIONS (US), INC., A DELAWARE CORPORATION, A NONEXCLUSIVE FRANCHISE TO OCCUpy RIGHTS~OF-W A Y OF 'fHE CITY OF FEDERAL WAY, WASHINGTON, FOR THE PURPOSES OF MAINTAINING, REPAIRING, AND RESTORING A FIBER OPTIC COMMUNICATIONS SYSTEM WITHIN AND THROUGH HIE CITY OF FEDERAL WAY. (Pag;e 2 qj'3) VIII. IX. X. a. b. c. XI. CITY COUNCIL REPORTS CITY MANAGER REPORT EXECUTIVE SES SI ON Collective Bargaining/Pursuant to RCW 42.30.140(4)(a) Property Acquisition/Pursuant to RCW 42.30.1100 )(b) Potential Litigation/Pursuant to RCW 42.30.1100 )(i) ADJOURNMENT ** THE COUNCIL MA Y ADD AND TAKE ACTION ON OTHER ITF:MS NOT LISTED ON THE AGF:NDA ** THE COMPLETE AGENDA PACKET IS A V AlLABLE FOR REVIEW AT CITY HALL AND ON HIE CITY'S WEBSITE UNDER CITY COUNCIL MEETING AGENDA AND PACKETS-YOl) MAY ALSO E-SUBSCRIBE TO RECEIVE ONGOING NOTIFICA TION OF CITY COUNCIL UPDATES (Page 3 ql'3) MEETING DATE: June 7, 2005 ITEM# ~, III (~l CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETlNG MINUTES CATEGORY: BUDGET IMP ACT: [ZJ CONSENT 0 RESOLUTION D CITY COUNCIL BUSINESS D ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expcnditure Amt.: Contingency Rcq'd: $ $ $ """""-""'" ,.. ATTACHMENTS: Draft minutes ofthe City Council regular meeting held on May 17,2005. SUMMARY/BACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a ""-""'" PROPOSED MOTION: I move approval ofthe minutes of the City Council regular meeting held on May 17,2005. CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COlJNCIL ACTION: 0 APPROVED 0 DENTED D TABLEDillEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST d' rea 109 Enactment rcading ORIliNANCE # RESOLUTION # REVISED - 05/10/2001 Federal Way Ci(y Council Regular Meeting Minute... May 17, 2005 - Page 1 of 7 FEDERAL WAY CITY COUNCIL Council Chambers - City Hall May 17,2005 - 7:00 p.m. Draft Minutes 1. CALL MEETING TO ORDER Mayor McColgan called the regular meeting of the Federal Way City Council to order at 7:06p.m. Councilmembers prcsent: Mayor Dean McColgan, Deputy Mayor Linda Kochmar, and Councilmembers Jeanne Burbidge, Jack Dovey, Jim Ferrell, Eric Faison and Mike Parle StafIpresent: City Manager David Moseley, City Attorney Pat Richardson, and City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Mayor McColgan called upon Councilmember Park to lead thc flag salutc. III. PRESENTATIONS a. Proclamation/Korean Peace Day Councilmember Park explained the purpose of Korean Peace Day. Mayor McColgan read aloud the proclamation and presented it to Counsul (Jeneral Kim and representatives from the Korean community. Counsul General Kim thanked the City for their recognition of Korean Peace Day, and presented Mayor McColgan with a $30,000 check from the Korea Foundation for the Han Woo-Ri Festival. b. Parks & Recreation Commission Introductions/Certificates of Appointment Councilmember Burbidge recognized Fred Konkell, Cindy Dodge, and Ade Bright; they have been reappointed to the Parks Commission for three-year terms. Ms. Dodge was present at the meeting to accept her certificate. c. Introduction of New Staff/City Manager City Manager Moseley reported no new staff to introduce at this time. d. Emerging Issues/City Manager City Manager Moseley reported no emerging issues at this time. Federal Way City Council ReKular MeetinK Minutes May 17, 2005 - Page 247 IV. CITIZEN COMMENT Margaret Nelson: Ms. Nelson asked the City to enforce current parking laws concerning commercial vehicles. Staff was asked to follow up on the matter, and confirmed that the commercial vehicle parking ordinance is on the Land Use/Transportation Committee agenda on June 6th. Scott Chase: Mr. Chase thanked the City for setting up the Wi-Fi project, and urged the Council to eventually make it free for all residents. Debra Sabin: Ms. Sabin represents Pacific Ballroom Dance; she introduced two members of the Youth Dance team, who gave a brief demonstration. II. David Kaplan: Mr. Kaplan represents Friends of French Lake Park, and made suggestions on how to improve the park. V, CONSENT AGENDA a. b. Minutes/May 3, 2005 Regular Meeting - Approved Vouchers - Approved Monthly Financial Report/March 2005 -Approved Council Bill #368/Cingular Franchise Agreement - Ordinance #05-488 approved Council Bill #369/Christian Faith Center Franchise - Ordinance #05-489 approved Police Pool Vehicles for Commanders Emergency ResDonse - Approved Amend 2005 CDBG Project lor Senior Nutrition & Uealth Improvements/ New Community Center - Approved Park Maintenance Contract - Approved Northwest Parks foundation/Parks Safety Net fund Management Approved Capital Fundraising Campaign Proposal/New Community Center Approved Federal Equitable Sharing Agreement Renewal - Approved So 336th St at I 5t Ave So Intersection Improvements/30% Design Status - Approved Lakota Creek East Branch Restoration Project/Bid Award -Approved Joe's Creek Habitat Restoration Project/50% Design Status - Approved SW 356111 St Regional Retention Facility Fence Project/Project Acceptancè - Approved 2005 Commute Trip Reduction (CTR) Program for City Hall (Area PlexPass) - Approved 23,-<1 Ave So & So 314111 St (Private Road) Tramc Signal/Project Acceptance - Approved c. d. e. f. g. h. 1. J. k. 1. m. n. o. p. q. Federal Way Ci(V Council Regular Meeting Minutes May /7, 2005 - Page 3 of 7 MOTION BY COUNCILMEMBER PARK TO APPROVE CONSENT AGENDA ITEMS (a) through (q) AS PRESENTED; SECONDED BY COUNCILMEMBER DOVEY. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes VI. CITY COUNCIL BUSINESS a. Browns Point & Dash Point Urban Growth Area - Resolution (poslponedfrom January 18, 2005 meeling) Councilmember Faison gave a background on the resolution. Because of the impending public hearing at Browns Point on June 7tl" Council member Faison suggested postponing the resolution. MOTION BY COUNCILMEMBER FAISON TO ])OSTPONE THE RESOLUTION TO THE 2ND MEETING IN JULY; SECONDED BY COUNCILMEMBER DOVEY, The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes b. Selection of Voting Delegates fÒr A WC Annual Business Meeting Councilmember Dovey gave a background on the item. MOTION BY COlJNCILMEMBER DOVEY TO NOMINATE COUNCILMEMBER BURBIDGE, PARK, AND DEPUTY MAYOR KOCHMAR AS VOTING DELEGATES FOR THE CITY OF FEDERAL WAY; SECONDED BY COUNCILMEMBER FAISON, The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes VII. INTRODUCTION ORDINANCES a. Council Bill #370/2004 Comprehensive Plan/Kitts Corner AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMEN'fS T'D TI-IE CITY'S GROWTH Federal Way City Council Regular Meeting Minutes May 17, 2005 - Page 4 (~f 7 MANAGEMENT ACT COMPREHENSIVE PLAN, APPROVING A CHANGE IN COMPREHENSIVE PLAN DESIGNATION AND ZONING OF APPROXIMATELY 46 ACRES LOCATED SOUTH OF SOUTH 336111 STREET AND WEST OF PACIFIC IIIGHWAY SOUTH FROM BUSINESS PARK (BP) TO COMMUNITY BUSINESS (Be) AND MULTI-FAMILY (RM 2400), BASED ON SPECIFIC CONDITIONS (AMENDING ORDINANCE NO'S. 90-43, 95-248, 96-270, 98-330, 00-372, 01-405, 03- 442, 04-460, 04-461, 04-462). City Clerk Green read the ordinance title into the record. City planner Margaret Clark was called upon to givc a staff presentation. She reported the draft ordinance will be revised to move the zoning bOlmdary from the middle of 13 th Place South extended right-of-way to the buffer of the wetland at the applicant's request-this will be done prior to the ordinance's second reading and enactment. MOTION BY COUNCILMEMBER FAISON TO MOVE COlJNCIL BILL #370 TO SECOND READING AND ENACTMENT ON JlJNE 7; SECONDED BY COUNCILMEMBER PARK. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes b. Council Bill #371/2004 Comprehensive PlaniPuget Center Partnership AN ORDINANCE OF :rHE CITY COUNCIL OF THE CITY ()-' FEDERAL WAY, WASIIINGTON, ADOPTING AMENDMENTS TO THE CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PI-AN, APPROVING A CHANGE IN COMPREHENSIVE PLAN DESIGNATION AND ZONING or 4.03 ACRES LOCATED NORTH OF SOUTH 3JilH STREET AND EAST OF 1ST AVENUE SOUTH FROM PROFESSIONAL OFFICE (PO) TO NEIGHBORHOOD BUSINESS (BN), BASED ON SPECIFIC CONDITIONS (AMENDING ORDINANCE NO'S. 90-43, 95-248, 96-270, 98- 330,00-372,01-405,03-442,04-460,04-461,04-462). City Clerk Green read the ordinance title into the record. StafI was asked for clarification on whether or not the ordinance would allow Ülst fÒod restaurants on that particular site. Ms. Clark advised it would allow that type of usage. MOTION BY COUNCILMEMBERFERRELL TO AMEND THE ORDINANCE BY EXCLUDING FAST FOOD RESTAURANTS WITH A DRIVE-THRU; SECONDED BY COUNCILMEMHER FAISON. The motion passed as follows: Burbidge Dovey Faison Ferrell yes no yes yes Kochmar McColgan Park yes no no Federal Way Ci(V Council Regular Meeting Minutes May 17, 2005 - Page 5 (~f 7 MOTION BY COUNCILMEMBER DOVEY TO MOVE COUNCIL BILL #371, AS AMENDED, TO SECOND READING AND ENACTMENT ON JUNE 7; SECONDED BY DEPUTY MA VOR KOCH MAR. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes c. Council Bill #372/2004 Comprehensive Plan/Amendments to Chapter 5 of Comprehensive Plan AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMEN'fS TO THE CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN, AMENDING CHAPTER 5, HOUSING (AMENDING ORDINANCE NO'S. 90-43, 95-241;, 96-270, 98-330, 00-372, 01-405, 03-442, 04-460, 04-461, 04-462). City Clerk Green read the ordinance title into the record. MOTION BY COUNCILMEMBER DOVEY TO MOVE COUNCIL BILL #372 TO SECOND READING AND ENACTMENT ON .JUNE 7; SECONDED BY COUNCILMEMBER BURBIDGE. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes VIII, CITY COUNCIL REPORTS The Council thanked all of those staff and volunteers who worked to mak.e Han Woo-Ri a successful cvent. Coullcilmember Faison: The next Finance, Economic Development, and Regional AfI~lÎrs Committee meeting will take place on May 24th at 5:30p.m. Councilmember Dovey: The next Land Use/Transportation Committee meeting will take place on Monday June 6th at 5:30p.m. Councilmember Burbidge: The next Parks, Recreation, Human Services, and Public Safety Committee meeting will take place Monday, June 13th at 5:30p.m. Last week she attended a meeting of the Puget Sound Regional Council Transportation Committee; the committee moved the triangle project from the candidate list to the approved list for early right-or-way acquisitions. She also attended a meeting ofthe South County Area Tnmsportatiol1 Board; Federal Way Ci(y Council Regular Meeting Minute,ç May 17, 2005 - Page 6 (~f 7 they reviewed the projects slated for funding by the State Legislature and were given a presentation concerning Sound Transit's long range plan. Sound Transit will be hosting an open house at Tukwila Community Center on June 3rd from 5:00p.m. - 7:00p.m. This Thursday and Friday she will be attending a meeting of the Transportation Improvement Board in Yakima. Deputy Mayor Kochmar: Recently there was a meeting on solid waste; it appears that private haulers are interested in competing with the County to provide solid waste disposal services to local residents. Councilmember Park: The Han Woo-Ri Festival appears to have been very successful; staff will give a report to the Council shortly. Council will then determine future plans for the Festival. Councilmember Ferrell: Tomorrow the Suburban Cities Association public issues committee will meet at Renton City Hall at 7:00p.m. Earlier today, Leland Consulting Group released their finding of a market study they conducted; this will help the City determine what strategies may help spur economic development in downtown Federal Way. Mayor McColgan: Mayor McColgan thanked staff and volunteers for their help on making the Festival a great success. He noted that the City received many compliments iiom outside visitors regarding improvements made to the City's streets, and many of the venues at the Festival were tilled with people. IX. CITY MANAGER REPORT City Manager Moseley thanked the Council for their willingness to help fund the Han Woo-Ri Festival, and thanked those who helped make the Festival a great success. Next weekend, the final asphalt overlay of the Pacific Highway South Phase II project will take place, which should take about a week. The Council went into executive session at 8:23p.m; with an expected duration of approximately 30 minutes. X, EXECUTIVE SESSION b. Property AcquisitioniPursuantto RCW 42.30.110(1 )(b) Collective Bargaining/Pursuant to RCW 42.30.140(4)(a) Potential Litigation/Pursuant to RCW 42.30.110(1 )(i) - deleted a. c. The Council came out of executive session at 8:59p.m. Federal Way Ci(V Council Regular Meeting Minute,\' May 17, 2005 - Page 7 (~f 7 XI. ADJOURNMENT There being nothing further to discuss, Mayor McColgan adjourned the rcgular meeting of the Federal Way City Council at 8:59p.m. N. Christine Green, CMC City Clerk MEETING DATE: June 7, 2005 ITEM# § f? ) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2004 Comprehensive Plan Amendments - Kitts Corner C1\.TEGORY: ~ CONSENT IT RESOLUTION 0 CITY COUNCIL BUSINESS [8J ORDINANCE D PUBLIC HEARING 0 OTHER BUDGET IMP ACT: Amount Budgeted: Expenditure Amt,: Contingency Req'd: $ $ $ A TT ACHMENTS: Draft Adoption Ordinance with Exhibits A and B. The May 17,2005, Agenda Bill packet included the April 25,2005, Memorandum to the land Use/Transportation Committee (LUTC) with Exhibits 1 --13. (please note that due to their bulk, Exhibits 4 -- 13 were not included in the City Council packet, but are available in the City Council Conference Room). SUMMARY/BACKGROUND: Federal Way adopted its Comprehensive Plan in November 1995, and amended plan in December of 1998, September 2000, November 2001, March 2003, and July 2004. Pursuant to RCW 36.70A.130, the Growth Management Act (GMA) limits plan updates to no more than once per year except under certain circumstances. The 2004 Comprehensive Plan amendments include three separate actions: proposed amendments to Chapter 5, "Housing" of the Federal Way Comprehensive Plan; a request by the Puget Center Partnership for a comprehensive plan amendment and rezone; and a request by Jon Potter for a comprehensive plan amendment and rezone for Kitts Comer. The Kitts Comer request was initiated prior to the Puget Center Partnership request and the proposed amendments to the Housing Chapter. The three actions are being considered on separate agenda bills with separate ordinances, but will be acted upon simultaneously to amend the comprehensive plan in order to comply with RCW 36. 70A 130. Staff recommended approval of the Kitts Comer request based on a legislative comprehensive plan amendment and conditional rezone with eight conditions of approval as outlined in Section 2 of the Draft Adoption Ordinance (pages 5-8). .............""""......,............................"................................................................................,..............................................................".."....................-.......,..................,.,................-................................,.........................................'.'.....""""""""'............................,........................................................................................,..........,....................................'.."""""""""'................ CITY COUNCIL COMMITTEE RECOMMENDATION AND PREVIOUS COUNCIL ACTION: The LUTC discussed the staff recommendation during a public meeting on May 2, 2005. At the close of this meeting, the LUTC made a motion to recommend approval of the Kitts Comer Request to change the comprehensive plan designation and zoning of approximately 46 acres located south of South 336th Street and west of Pacific Highway South from Business Park (BP) to Community Business (Be) and Multi-Family (RM 2400), with approximately 18 acres to be designated Community Business (Be) and approximately 28 acres to be designated Multi-Family (RM 2400), based on a legislative comprehensive plan amendment and conditional rezone with eight conditions of approval as outlined in Section 2 of the Draft Adoption Ordinance (pages 5-8). During the May 17, 2005 meeting, the Council considered a request by the applicant for a minor modification in the dividing line between the Community Business (BC) and Multi-Family (RM 2400) comprehensive plan designation and zoning district boundaries which would result in approximately 19 acres of Community Business (BC) and 27 acres of Multi-Family (RM 2400) designated and zoned land. PROPOSED MOTION: "I move approval of the ordinance adopting amendments to the comprehensive plan and enactment on June 7, 2005." ...~ CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION vI2r' MOVED TO SECOND READING (ordinances only) S¡17Ið.r~- 1:\2004 Comprehensive Plan\2004 Update\City Council\2nd Reading ofOrdinanee\Kitts Comer CC Cover Agenda 2.doc/05/31/2005 3:34 PM COUNCIL BILL # 1 ST Reading Enactment Reading ORDINANCE # RESOLUTION # 376 "S//7/ð.s- June 7, 2005 ORDINANCE NO. OR~f1 . f;:!jl/ () s:- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN, APPROVING A CHANGE IN COMPREHENSIVE PLAN DESIGNATION AND ZONING OF APPROXIMATELY 46 ACRES LOCATED SOUTH OF SOUTH 336TH STREET AND WEST OF PACIFIC HIGHWAY SOUTH FROM BUSINESS PARK (BP) TO COMMUNITY BUSINESS (Be) AND MULTI-FAMILY (RM 2400), BASED ON SPECIFIC CONDITIONS (AMENDING ORDINANCE NO'S, 90-43, 95-248, 96-270, 98-330, 00-372, 01- 405, 03-442, 04-460, 04-461, 04-462). WHEREAS, the Growth Management Act of 1990, as amended, (Chapter 36.70A RCW or "GMA") requires the City of Federal Way to adopt a comprehensive plan which includes a land use element (including a land use map), housing element, capital facilities plan element, utilities element, and transportation element (including transportation system map[s]); and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan; a~? WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14,2000, November 1, 2001, March 27, 2003, and July 20,2004; and WHEREAS, the City may consider Plan and development regulation amendments pursuant to Article IX, Chapter 22 ofthe Fed(!ral Way City Code (FWCC); and WHEREAS, under RCW 36. 70A.130, the Plan and development regulations are subject to continuing review and evaluation, but the Plan may be amended no more than one time per year; and WHEREAS, the Council shall be considering three separate actions to amend the comprehensive plan, all of which will be acted upon simultaneously in order to comply with RCW 36.70A.130; and WHEREAS, these actions include Ordinance No. 05-~, amendments to Chapter 5, "Housing," of the Federal Way Comprehensive Plan; and ORD # -.- , PAGE I WHEREAS, these actions include Ordinance No, 05-_, approving a change in comprehensive plan designation and zoning of 4.03 acres located north of South 31th Street and east of 151 Avenue South from Professional Office (PO) to Neighborhood Business (BN), based on specific conditions as contained in Ordinance No. 05-_; and WHEREAS, these actions include Ordinance No. 05~_, approving a change in comprehensive plan designation and zoning of approximately 46 acres located south of South 336111 Street and west of Pacific Highway South from Business Park (BP) to Community Business (Be) and Multi-Family (RM 2400), based on specific conditions as contained in Ordinance No. 05-_; and WHEREAS, as a result of this action, approximately 19 acres east of a dividing line would be designated Community Business (BC) and approximately 27 acres west of a dividing line would be designated Multi- Family (RM 2400); the dividing line described as a line extending southwards from the South 336111 Street right-of-way, said line which follows the eastern buffer of Wetland No.2 as shown in the Settlement Agreement and Covenant recorded under Recording No. 9704211043 to a point approximately 351 feet north of the south property line of Parcel No. 202104-9004, at which point said line follows the middle of the 13111 Place South extended right-of-way to the south property line of Parcel No. 202104-9004; and WHEREAS, in April 1999, the City of Federal Way accepted a request from four property owners (Campus Gateway, Merlino, Chase WN Trust, and Wright) to change the comprehensive plan and zoning of approximately 42 acres located south of South 336111 Street and west of Pacific Highway South, thereafter known as the Kitts Comer request; and WHEREAS, in June 1999, the City Council detennined that the request should be analyzed further and added the Kitts Corner LLC, Nclson, Carson, Jones, and Slisco parcels to the Campus Gateway, Merlino, Chase WN Trust, and Wright properties for a total of 46.12 acres; and WHEREAS, in July 2001, the City's SEPA Responsible Official issued a Detennination of Nonsignificance on the 2001 comprehensive plan amendments, which included Kitts Corner; and ORD#_,"~,PAGE2 WHEREAS, in August 2001, the applicant withdrew the request for a Multi-Family comprehensive plan designation and RM zoning for the area west ofthe on-site wetland (Wetland No.2 as shown in the Settlement Agreement and Covenant recorded under Recording No. 9704211043); and WHEREAS, in September 2001, the applicant submitted a new application for a comprehensive plan designation of Multi.Family and zoning ofRM 2400 for the area west of Wetland No.2; and WHEREAS, in November 2001, the City of Federal Way's Land Use/Transportation Committee gave direction that a development agreement and development plan be prepared for Kitts Corner, east of Wetland No.2; and WHEREAS, in March 2003, per Ordinance No. 03-442, the City of Federal Way adopted a comprehensive plan designation and zoning of Multi-Family and RM 2400 for the area west of Wetland No.2, based on it being included in the overall Kitts Corner development agreement and development plan; and WHEREAS, in September 2004, the applicant submitted an application for approval of a development agreement and development plan for Kitts Comer; and WHEREAS, in March 2005, a SEP A Addendum was issued for Kitts Corner; and WHEREAS, in March 2005, the City infonned the applicant that they were initiating a legislative comprehensive plan amendment and conditional rezone; and WHEREAS, the proposed Kitts Comer legislative comprehensive plan amendments and conditional rezone address all of the goals and requirements set forth in the GMA; and WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council committees, and full City Council has received, discussed, and considered the testimony, written comments, and material from the public, as follows: 1. On September 19,2001, the City's Planning Commission considered the Kitts Comerrequest for a comprehensive plan designation of Community Business and zoning of BC, based on a development agreement for the area east of Wetland No.2; ORD# , PAGE 3 2. On November 6 and November 20,2002, the City's Planning Commission considered the Kitts Corner request for a comprehensive plan designation ofMulti~Family and zoning ofRJ\.12400 for the area west of Wetland No.2, based on its inclusion in the development agreement and development plan to be prepared for the site; 3. On May 2, 2005, the Land Use/Transportation Committee of the Federal Way City Council considered the request to change the comprehensive plan designation and zoning of approximately 46 acres located south of South 3361h Street and west of Pacific Highway South from Business Park (BP) to Community Business (BC) and Multi-Family (RM 2400), with approximately 18 acres located east of the 13th Place South extended right-of-way to be designated Community Business (Be) and approximately 28 acres located west of the 13lh Place South extended right-of- way to be designated Multi-Family (RM 2400), based on conditions recommended by staff, following which it recommended adoption of the staff recommendations; 4. On May 17,2005, the full City Council considered the request to change the comprehensive plan designation and zoning of approximately 46 acres located south of South 336th Street and west of Pacific Highway South from Business Park (BP) to Community Business (Be) and Multi-Family (RM 2400). At that time based on a request by the applicant, the Council considered a modified request to allow approximately 19 acres located east of a line extending southwards from the South 3361h Street right-of-way, said line following the eastern buffer of Wetland No.2 as shown in the Settlement Agreement and Covenant recorded under Recording No. 9704211043 to a point approximately 351 feet north of the south property line of Parcel No. 202104-9004, at which point said line follows the middle of the 13lh Place South extended right-of~way to the south property line of Parcel No. 202104-9004 to be designated Community Business (Be) and approximately 26 acres located west of this line to be designated Multi-Family (RJ\.1 2400); and 5. On June 7, 2005, the full City Council again considered the matter at its meeting; and WHEREAS, the City Council desires to approve the change in comprehensive plan designation and zoning of approximately 46 acres located south of South 3361h Street and west of Pacific Highway South from Business Park (BP) to Community Business (Be) and Multi~Family (RM 2400), based on specific conditions as contained in Section 2 of this ordinance. NOW, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as follows: ORD#___,PAGE4 Section 1. Findings. A. The proposed amendments to the comprehensive plan map, as set forth in Exhibit A attached hereto, to change the comprehensive plan designation and zoning of approximately 46 acres located south of South 336111 Street and west of Pacific Highway South from Business Park (BP) to Community Business (Be) and Multi-Family (RM 2400), based on conditions of approval set forth in Section 2 below will allow development of the site in response to market conditions and the Council's vision for development ofthe site, while providing for transportation facilities to serve the site and improving circulation in the vicinity, and therefore bears a substantial relationship to public health, safety, and welfare; are in the best interest of the residents ofthe City; and are consistent with the requirements ofRCW 36.70A, the King County Countywide Planning Policies, and the unamended portion ofthe Plan. B. The proposed amendments to the comprehensive plan map, as set forth in Exhibit A attached hereto, are compatible with adjacent land uses and will not negatively affect open space, streams, lakes, or wetlands, or the physical environment in general. They will allow for growth and development consistent with the Plan's overall vision and with the Plan's land use element household and job projections, and will allow reasonable use of property subject to constraints necessary to protect environmentally sensitive areas. They therefore bear a substantial relationship to public health, safety, and welfare; are in the best interest of the residents ofthe City; and are consistent with the requirements ofRCW 36. 70A, the King County Countywide Planning Policies, and the unamended portion of the Plan. C. The proposed amendments to the Zoning Map, set forth in Exhibit B attached hereto, are consistent with the applicable provisions of the comprehensive plan and the comprehensive plan land use map proposed to be amended in Section 3 below, bear a substantial relation to public health, safety, and welfare, and are in the best interest of the residents of the City. Section 2. Conditions of ADDroval. The request to change the comprehensive plan designation and zoning of approximately 46 acres located south of South 336111 Street and west of Pacific Highway South fi-om ORO# , PAGE 5 Business Park (BP) to Community Business (BC) and Multi-Family (RM 2400), with approximately 19 acres to be designated Community Business (Be) and approximately 27 acres to be designated Multi-Family (RM 2400), shall be approved based on the following conditions: L Prior to construction of any new buildings, a single Master Plan for the entire Multi- Family (RM 2400) and Community Business (Be) zoned site shaH be submitted to and approved by the City. Application for critical area intrusions as applicable is also required in conjunction with master plan review. A project action State Environmental Policy Act (SEP A) review shall also be conducted in conjunction with master plan and critical area review. Subsequent to Master Plan approval, building design and minor modifications to the site plan shall be reviewed via a Process II, Site Plan Review. For the purposes of the Master Plan, the subject site is comprised ofthe followingparcels: 202104-9069,202104-9070,202104-9001, 202104-9090, 202104-9086, 202104-9080, 202104-9072, and 202104-9004, 2. The Master Plan shall be developed with a cohesive and integrated design that promotes the following: a. Pedestrian scale, and pedestrian orientation and massing of buildings, Site-wide pedestrian connectivity. b. c. Building massing shall be designed to avoid large expanses of parking areas adjacent to and/or visible from the public right-of-ways. On-site parking shall not be allowed between buildings and public right-of-ways, except. the Director of Community Development Services may approve. one double- loaded parking row between a building and right-of-way due to extenuating circumstances. d. The appearance of strip commercial development shall be minimized by breaking large linear buildings into numerous smaller buildings. e. The commercial portion of the site may include a maximum of two primary anchor buildings. The individual anchor buildings are permitted a maximum 50,000 square feet of building footprint, and the total gross floor area of all anchors shall not exceed 100,000 square feet of gross floor area. Anchor facades shall not exceed a width to depth ratio of 1.5: 1. f. Non-anchor buildings should not exceed 10,000 square feet of building footprint. The Director of Community Development Services may approve a maximum of two, non-anchor buildings in excess of 10,000 square feet of building footprint, up to a maximum of20,000 square feet of building footprint each, when the applicant demonstrates the following: (i) The additional square footage is necessary to accommodate the needs of a specific tenant. (ii) The facades ofthe structure include significant structural modulation equal to at least ten ÛRO# ,PAGE 6 percent of the length of the subject façade, (iii) The overall design of the building is consistent with the pedestrian scale and integrated design of the overall site. (iv) Non-anchor facades shall not exceed a width to depth ratio of 2: 1. g. Primary commercial building entries shall be clearly visible and recognizable from the public right-of-ways; or active building facades, including windows and pedestrian scale design amenities such as screening, plazas, or art features such as trellises, artwork, murals, landscaping, or combinations thereof, shall be required fronting the right-of-way. 1. On-street parallel parking is encouraged where feasible. A minimum of five percent ofthe gross land area of the commercial portion of the site h. shall be pedestrian-oriented open space. There shall be one primary pedestrian gathering focal point, and additional supporting pedestrian-oriented gathering locations distributed proportionally throughout the commercial portion of the site. Open space areas and plazas shall include seating, landscaping, art, ornamentation, pedestrian scale lighting, water features, and outdoor dining. J. Vehicular service stations are not permitted. Fuel pump stations are only permitted when accessory to an anchor tenant. Any approved fuel pump station shall not be oriented to the public right~ of~way, and shall not exceed two fuel islands with a total of up to eight vehicular fueling positions. 3. Development of the site shall include design, construction, and dedication of the following public roadways in accordance with appropriate FWCC street sections: a. 13lh Place South from South 3361h Street to the south property line; b. South 340lh Street from Pacific Highway South to the intersection of 13th Place South extended; c. A roadway connecting from South 3361h Street through the residential area, connecting to 13 Ih Place South extended. These public roadways are necessary to serve the proposed development and shaH be constructed as outlined below. Additional conditions (on-site and off-site) intended to mitigate significant adverse environmental impacts may be required as determined through the SEP A process and will be applied to any proposed project in the future. a. Prior to occupancy of any residential building on the site, South 340lh Street from Pacific Highway South to the intersection of 13 III Place South extended, and the roadway within the residential area connecting to South 3361h Street, shall be constructed to meet all applicable standards. Traffic calming devices such as speed humps, speed tables, traffic circles, chicanes, curb extensions, signs, pavement markings, ORD #~._-, PAGE 7 or other calming devices as approved by the Public Works Director shall be incorporated within the residential roadway. Signal modifications at Pacific Highway South and South 340th Street intersection may be required to provide safe access. Altematively, the developer may construct the extension of 13th Place South from South 3361h Street to its intersection with the proposed residential road as a traffic circle. This would eliminate the need for the construction of South 340th Street from Pacific Highway South to the intersection of 13th Place South extended, and the segment of 13th Place South between South 340th Street and the intersection of the residential roadway (traffic circle). b, Prior to occupancy of any commercial building, 13th Place South from South 336th Street to the south property line, and South 340th Street from Pacific Highway South to the intersection of 13 Ih Place South extended, shall be constructed to all applicable standards. A new traffic signal (South 336th Street & 13th Place South) and/or signal modifications (pacific Highway South & South 340th Street) maybe required as determined through the SEP A process. 4. All new public streets shall include traffic calming features, 5. Uses other than multi-unit housing and day care facilities that are otherwise permitted in the RM zone are not allowed. 6. The multi-family portion of the site, west ofWetJand No.2, shaH be accessed from one location along South 336th Street and shall include a public roadway connecting through the residential area, across the existing berm of Wetland No, 2, and connecting to 13th Place South extended. 7. No more than one anchor building, or a maximum of 75,000 square feet of commercial building area, may receive a Certificate of Occupancy on the site without the prior construction of a minimum of 75 residential units. 8. The residential area shall be designed to minimize reception of potential noise impacts from adjacent nonresidential uses. Section 3. Comprehensive Plan Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998,2000,200 1,2003, and 2004, copies of which are on file with the Office ofthe City Clerk, hereby are and shall be amended as set forth in Exhibit A attached hereto. Section 4. Amendment Authoritv. The adoption of Plan amendments in Section 3 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to FWCC Section 22~541. Section 5. Severabilitv. The provisions of this ordinance are declared separate and severable, The ORO# -..-' PAGE 8 invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis 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 other persons or circumstances. Section 6. Savings Clause. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998,2000, 2001, 2003, and 2004 shall remain in force and effect until the amendments thereto become operative upon the effective date of this ordinance. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affinned. Section 8. Effective Date. This ordinance shall take effect and be in force five (5) days trom and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this ,2005. day of CITY OF FEDERAL WAY Mayor, Dean McColgan A ]TEST: City Clerk, N. Christine Green, CMC ApPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY TI-IE CiTY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: 1:\2004 Comprehensive Plan\2004 Updale\City Couneil\2nd Reading of Ordinanee\Kitts Comer Adoption Ordinance.doe/S/31i200S 3:31 PM ORD# , PAGE 9 EXHIBIT A TO ADOPTION ORDINANCE ':1: ...I c.: r '" S 33.JIIiIJI Omni - Offic~ ------1 Mitchell Place Park Apartments Forum I Business Park 2021Ð4,9lf1U 202 tlW9DO 1 (; Business Park -.u:II > oil; ::c .... ,ClIo . l *Note Reaardina Comprehensive Plan Boundary: This boundary is a Hne extending southwards from the S. 336th Street r-o-w, said line, which follows the eastem buffer of Wetland No.2 as shown in the Settlement Agreement and Covenant recorded under Recording No, 9704211043 to a point approximately 351 feet north of the south property line of Parcel No. 202104-9004, at which point it will follow the middle of the 13th PI S. extended r -o-w to the south property line of Parcel No. 202104-9004, => .~ :r -.1 u ¡¡ c::; -~ -- - .~~. Q; = S 336TH ST City of Federal Way -- - -.1 ~ ~ Comprehensive Plan Com":,_~_njt 2004 Site Busmes . Specific Request: Kitts Corner 2[121::~ SOtS -- -- C-ftU11u n itv Business I~pproved Change from Business Park to Community Business OJ 202104 202104: '9~~D '...:- ~086 t , ---~. ! 21lell4'9t11 I , - + .184,9011 .... It) Q:) Multi.Famil ~ , {lJIlllilved r:I1ange ; IIlg$Ù1ess/Park to fIt1It{.F arrdJ~}%'~-- ~IIfO ! BuSÌl»ss Park UJ :~. :z: u .- ¡::¡: 'õ if -. .' en'" . - - - ~- ~ It! .. " - - 8_3- Legend -, D Comprehensive Plan ~ Wetlands (1998 City Survey) *Comprehensive Plan Amendment from Business Park to Community Business and Multi-Family subject to conditions, Approved per Ordinance No. " a. (OJ :2 >- :!::: c: '5 :> ,.6 N 0 250 500 I I Feet i . r. .J .... CITY OF -' . '-,- ------ ~ Federal Way This map is accompanied by no warranties and is simply a graphic representation. EXHIBIT B TO ADOPTION ORDINANCE , I II Granville -. . Cou V. ...I -D.. OP- ITn r'" H~ãith - t " South , ~ i- S --~ ~3'- . .iL]_- Omni' -op- - _, Mitchell Place Apartments Forum I BP 1Ð2f 04..ftf.IlU BP . . R1124O 0 , --- - 8. en .;>õ < r l- II! 'I\ote Reqardinq Zoninq Boundary: This boundary is a line extending southwards from the S. 336th Street r-o-w, said line, which follows the eastern :xffer of Wetland No.2 as shown in the Settlement Agreement and Covenant recorded under Recording No. 9704211043 to a point approxi mately 351 feet north of the sot;th property line of Parcel No. 202104-9004, at which pcin: it wi!! foHow the middle of the 13th PI S. extended r-o-w to the south property line of Parcel No. 202104-9004. 202tœ...9072 I.. 1 - -~ ........ T ri In M __4,9004 BC - - _m --I en I )- - ~ I :J: 0 ¡iL .ë:) -- ----~> ~: --- ---~ I 202.104- 9069 - - -- -- -"'- r - -en > ~ % 0 fA..p,.'Proved Change (. ~ from BP to BC.) ~ . BC _~~~~~4~~ ~~~~~~~:~; ~, ... --~)- City of Federal Way Zoning B. S. 2004 Ite Specific Request: 336TH ~ Kitts Corner .-L.---- -- Legend D Zoning ~~ Wetlands (1998 City Survey) *Rezone from BP to BC and RM2400 subject to conditions. Approved per Ordinance No. i6 N 0 250 500 I 'Feet A Fëderal Way This map is accompanied by no warranties and is simply a graphic representation. MEETING DATE: June 7, 2005 ITEM# I (Œ) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2004 Comprehensive Plan Amendments - Puget Center Partnership &TEGORY: ~ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS ¡z¡ ORDINANCE D PUBLIC HEARING 0 OTHER BUDGET IMPACT: Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ......--.........................,... ATTACHMENTS: Draft Adoption Ordinance with Exhibits A and B. The May 17,2005, Agenda Bill packet included the March 30, 2005, Memorandum to the Land UsefTransportation Committee (LUTC) with Exhibits 1, 4* and 5 - 9 and April 25, 2005, Memorandum to the Land Use/Transportation Committee (LUTe) with Exhibits 1 and 2. *(Please note that due to its bulk, Exhibit B of 4 /Housing Chapter Amendments presented to the Planning Commission] was not included in the City Council packet, but is available in the City Council Conference Room). "mm""""""""'....mmmmm"",......mmmmm"....m,"""""""..mmmmmm...."",,..,..,..mm.... .........mmmm...................m".._mm""","""'..................mm......,......mmm..mm........m"""........m...m.. "...........mmm"mm""""""""".........m..m'_"....mm""""""'..........,....m..mmmm..'" .....mmm""._m""""""""'..,........m....m"'......m","""" SUMMARYIBACKGROUND: Federal Way adopted its Comprehensive Plan in November of 1995, and amended the plan in December of 1998, September 2000, November 2001, March 2003, and July 2004. Pursuant to RCW 36.70A130, the Growth Management Act (GMA) limits plan updates to no more than once per year, except under certain circumstances. The 2004 Comprehensive Plan amendments include three separate actions: proposed amendments to Chapter 5, "Housing" of the Federal Way Comprehensive Plan; a request by Jon Potter for a comprehensive plan amendment and rezone for Kitts Comer; and a request by the Puget Center Partnership for a comprehensive plan amendment and rezone. The three actions are being considered on separate agenda bills with separate ordinances, but will be acted upon simultaneously to amend the comprehensive plan in order to comply with RCW 36.70A130, The Planning Conmlission held a public hearing on the Puget Center Partnership request on March 23,2005, after which it recommended approval of the comprehensive plan amendment and rezone from Professional Office (PO) to Neighborhood (BN), based on a five to one (5-1) vote on condition that a deed restriction be placed on the property. ",,"""""""""'......m......m"""".......,mmmm"mm,,"m""""",mmmmmmm....."""""""""'..........m. ........mmmm..m............................m................,..,..,..m..m........mmm.."""",............mm..mmmm"""""..........m..mm'..mmmm""""",.............m..m..mm......""""",..............m"""..mmmmm..m ..mm..m....mm....m"""",,"""""""'..........mmm""..........m"""""',,' CITY COUNCIL COMMITTEE RECOMMENDATION AND PREVIOUS COUNCIL ACTION: The LUTC discussed the Planning Commission's recommendation during public meetings on April 18, 2005 and May 2,2005. At the c1ose of the May 2, 2005 meeting, the LUTC made a motion to recommend approval of the Puget Center Partnership request to change the comprehensive plan designation and zoning of 4.03 acres located north of South 3l21h Street and east of 1 sl Avenue South from Professional Office (PO) to Neighborhood Business (BN), based on a comprehensive plan amendment and rezone with conditions as outlined in Section 2 of the Draft Adoption Ordinance (page 4), prohibiting car wash, vehicle service station, vehicle repair, bar, tavem, cocktail lounge, and group home; requiring buffering of on-site uses from adjacent residential uses; requiring retention of on-site vegetation to the maximum extent possible; and requiring buildings to be constructed adjacent to the street right-of-way. During the May 17,2005 meeting, the Council made a motion to add fast food restaurants with drive-through facilities to the list of prohibited uses. PROPOSED MOTION: "I move approval of the ordinance adopting amendments to the comprehensive plan and enactment on June 7, 2005." CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED 0 . T ABLEDIDEFERRED/NO ACTION ø MOVED TO SECOND READING (ordinances only) S¡171ð-S-~ COUNCIL BILL # 1 ST Reading Enactment Reading ORDINANCE # RESOLUTION # 371 67 I 7,/lJ s:---- June 7, 2005 1:\2004 Comprehensive Plan\2004 Updalc\Cily Council\2nd Reading of OrdinanCC\PlIget Center Partnership CC Cover Agenda 2,doc/05/31 /2005 3:44 PM DRAFT ~ !}( I ð> ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN, APPROVING A CHANGE IN COMPREHENSIVE PLAN DESIGNATION AND ZONING OF 4.03 ACRES LOCATED NORTH OF SOUTH 31lTH STREET AND EAST OF 1ST AVENUE SOUTH FROM PROFESSIONAL OFFICE (PO) TO NEIGHBORHOOD BUSINESS (BN), BASED ON SPECIFIC CONDITIONS (AMENDING ORDINANCE NO'S. 90-43, 95-248, 96-270, 98-330, 00-372, 01-405, 03-442, 04- 460,04-461,04-462). WHEREAS, the Growth Management Act of 1990, as amended, (Chapter 36.70A RCW or "GMA") requires the City of Federal Way to adopt a comprehensive plan which includes a land use element (including a land use map), housing element, capital facilities plan element, utilities element, and transportation element (including transportation system map[s]); and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan; and WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14,2000, November 1,2001, March 27, 2003, and July 20,2004; and WHEREAS, the City may consider Plan and development regulation amendments pursuant to Article IX, Chapter 22 ofthe Federal Way City Code (FWCC); and WHEREAS, under RCW 36, 70A.130, the Plan and development regulations are subject to continuing review and evaluation, but the Plan may be amended no more than one time per year; and WHEREAS, the Council shall be considering three separate actions to amend the comprehensive plan, all of which will be acted upon simultaneously in order to comply with RCW 36.70A,130; and WHEREAS, these actions include Ordinance No. 05.~, amendments to Chapter 5, "Housing," of the Federal Way Comprehensive Plan; and ORD# ,PAGE I WH EREAS, these actions include Ordinance No. 05-_, approving a change in comprehensive plan designation and zoning of approximately 46 acres located south of South 3361h Street and west of Pacific Highway South from Business Park (BP) to Community Business (BC) and Multi-Family (RM 2400), based on specific conditions as contained in Ordinance No, 05-_; and WHEREAS, these actions include Ordinance No. 05-_, approving a change in comprehensive plan designation and zoning of 4.03 acres located north of South 31th Street and east of 1st Avenue South from Professional Office (PO) to Neighborhood Business (BN), based on specific conditions as contained in Section 2 below; and WHEREAS, in September 2003, the City of Federal Way accepted a request from Paul Benton on behalf ofthe Puget Center Partnership to change the comprehensive plan designation and zoning of 4,03 acres located north of South 31th Street and east of Is1 Avenue South from Professional Office (PO) to Neighborhood Business (BN); and WHEREAS, in February 2005, the City's SEPA Responsible Official issued a Detennination of Nonsignificance on the 2004 comprehensive plan amendments, which included the Puget Center Partnership request; and WHEREAS, the City of Federal Way, through its staff~ Planning Commission, City Council committees, and full City Council has received, discussed, and considered the testimony, written comments, and material from the public, as follows: 1. The City's Planning Commission held a public hearing on the Puget Center Partnership request on March 23, 2005, after which it recommended approval of the comprehensive plan amendment and rezone from Professional Office (PO) to Neighborhood Business (BN), based on a five to one (5-1) vote on condition that a deed restriction be placed on the property; 2. The land Use/Transportation Committee ofthe Federal Way City Council considered the request on April 18, 2005 and May 2,2005, following which it recommended approval of the request based on the conditions of approval in Section 2 below; and ORD II_.. , PAGE 2 3. The full City Council considered the matter at its meetings on May 17,2005, and June 7, 2005; and WHEREAS, the City Council desires to approve the change in comprehensive plan designation and zoning of 4.03 our acres located north of South 31 zth Street and east of 1 sl Avenue South from Professional Office (PO) to Neighborhood Business (BN), based on specific conditions as contained in Section 2 below. NOw, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as follows: Section 1. Findings. A, The proposed amendment to the comprehensive plan map, as set forth in Exhibit A attached hereto, to change the comprehensive plan designation and zoning of 4.03 acres located north of South 31 th Street and east of 151 Avenue South from Professional Office (PO) to Neighborhood Business (BN), based on conditions of approval set forth in Section 2 below, will allow development which is compatible with the surrounding neighborhood, including adjacent single-family uses, provide convenient goods and services at a pedestrian and neighborhood scale close to adjacent residential uses, and provide for transportation facilities to serve the site, and therefore bears a substantial relationship to public health, safety, and welfare; is in the best interest of the residents ofthe City; and is consistent with the requirements ofRCW 36.70A, the King County Countywide Planning Policies, and the unamended portion ofthe Plan. B. The proposed amendment to the comprehensive plan map, as set forth in Exhibit A attached hereto, is compatible with adjacent land uses and will not negatively affect open space, streams, lakes, or wetlands, or the physical environment in general. The amendment will allow for growth and development consistent with the Plan's overall vision and with the Plan's land use element household and job projections, and will allow reasonable use of property subject to constraints necessary to protect environmentally sensitive areas. The amendment, therefore, bears a substantial relationship to public health, safety, and welfare; is in the best interest of the residents of the City; and is consistent with the requirements ofRCW 36.70A, the King County Countywide Planning Policies, and the unamended portion of the Plan. ORO# , PAGE 3 C. The proposed amendment to the Zoning Map, set forth in Exhibit B attached hereto, is consistent with the applicable provisions ofthe comprehensive plan and the comprehensive plan land use map proposed to be amended in Section 3 below, bears a substantial relation to public health, safety, and welfare, and is in the best interest of the residents of the City. Section 2. Conditions of Approval. 1. The following uses shall be prohibited: Car wash Vehicle service station Vehicle repair Bar, tavern, or cocktail lounge Fast food restaurant with drive-through facilities Group home . 2. The approved site plan for any allowable development on the site shall meet the following requirements: a. Landscaping shall be provided along the northern and eastern property lines to adequately buffer on-site uses from adjacent residential uses and at the minimum must comply with FWCC Section 22-1566. b. Existing vegetation must be retained to the maximum extent possible as demonstrated on a tree retention plan meeting the requirements ofFWCC Section 22-1568. c. To the maximum extent possible, buildings shall be constructed adjacent to the street right-of-way with parking located behind the buildings. Section 3. Comprehensive Plan Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998,2000,2001,2003, and 2004, copies of which are on file with the Office of the City Clerk, hereby are and shall be amended as set forth in Exhibit A attached hereto. Section 4. Amendment Authority. The adoption of Plan amendments in Section 3 above is pursuant to the authority granted by Chapters 36,70A and 35A.63 RCW, and pursuant to FWCC Section 22-541. Section 5. Severabilitv. 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 ofthe 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 other persons or circumstances. ORO# , PAGE 4 Section 6. Savings Clause. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998,2000,2001,2003, and 2004 shall remain in force and effect until the amendments thereto become operative upon the effective date of this ordinance. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affinned. Section 8. Effective Date. This ordinance shan take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this ,2005. day of CITY OF FEDERAL WAY Mayor, Dean McColgan A TIEST: City Clerk, N. Christine Green, CMC ApPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY TH E CiTY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: 1:\2004 Comprehensive Plan\2004 Update\City Councîl\2nd Reading ofOrdinance\Puget Center Partnership Adoption Ordinance 2.doc/5/3112005 3:44 PM , PAGE 5 ORD# EXHIBIT A TO ADOPTION ORDINANCE 'l \ , ~ ,."! '>-- - - - 0, ~S_3J2ìH ST ' [ en! 1>, I~' I (I), " ,...' u Iti-F ami IV Single FamUy, High DenSU1¡ 7-11 " Neighbornöód Sill .1 USIDe5S . ,. ~ '---., ...---~ ~ ::þr .~I :rn; .~: Ie: izl I' [ ; .-.. J I .1' I 0 ! I -- 0 -"- ".,--- -"'--'~~' --- -.. ----"'-"-- sw 3.13TH ST ) , , -= ;cn ii, ~~_igh_~_orhood ;~: Business I . rI--i ! en I 0821049076 . I ! ..,.. : (Approved Change / . _from frofessional- " i Office to Neighborhood ! Business*) ¡ , I ! ! ! . i ~ r 2004 Site ~ Specific Request: I-ß .~' Puget Center ...Y .. ~I. Partnership 082104 9074 1 Singl)Fac !"9ft Þ~IiS- 0821049167 . ¡ " 1 ;'" 1\1 1- 0 I .. I: . 1 .. Mu Iti -F a milt ,.J- . {'-" '~" .. -0 - Greystone Meadows Apartments ..' . City of Federal Way Comprehensive Plan Legend D Comprehensive Plan Wetlands (1998 City Survey) "Comprehensive Plan Amendment from I;;': Professional Office to ~, .ft ': Neighborhood Commercial t.....,~ subject to conditions. 1..::::. Approved per Ordinance ~.' No. ~ . l\ N 0 125 250 I I Feet A Fëderal Way This map is accompanied by no warranties and is simply a graphic representation, EXHIBIT B TO ADOPTION ORDINANCE 1:8l.2 7-11 .~ 1 P..,\~ Cit~ of Federal Way V") Zoning '$" 0 r': ,A 0 2004 Site 01 , Specific Request: .:~I Puget Center Partnership Ø8b49O74 ------- RS~7 .2 r . 082104 907.6 (~]J]rr..rJ¥f!d C h anfJ.'!. frtJmPO to BN*) 0821049167 Legend D Zoning ~ Wetlands (1998 City Survey) " '0. '.f;o/ ( .~ - *Rezone from PO to BN subject to conditions. Approved per Ordinance No. 16 N 0 125 250 I I Feet A Fëderal Way This map is accompanied by no warranties and is simply a graphic representation. I (1~ MEETING DATE: /~2005 ITEM# ,=- ¡¿ .'" ~ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2004 Comprehensive Plan Amendments - Amendments to Chapter 5, Housing f~;g~:s~ss~ ~~l£~~G l2~té7: !- ----"'--'-'"-"'--'"'-~-"-"'-'-' '"--'-"'-- .",_......._",---"----"-",.,,,,-,-,---,,,---,--- ATTACHMENTS: 1) Draft Adoption Ordinance with Exhibit A; 2) March 30,2005, Memorandwn to the Land Use/ Transportation Committee (LUTC) with Exhibits 2, 4, and 5. Please note that due to Its bulk, Exhibit 2 [Housing Çhapter Amendments presented to the LUTC) and Exhibit B of 4 [Housing Chapter Amendments presented to the Planning Commission} are not included In the City Council packet, but is available in the City Council Conference Room). --""'--"""--""""""""-""'---"""-""'-'-'"'---"'----"--,"-- -'-'---" "'---"""_.,,... ,-"""-'-""-"'"-"""""-""-'^--"'-""---"'"'-"'"'_.""'-""--'---" SUMMARYIBACKGROUND: Federal Way adopted its Comprehensive Plan in Novemberòf 1995, and amended the plan in December of 1998, September 2000, November 2001, March 2003, and July 2004. Pursuant to RCW36.70A.130, the Growth Management Act (OMA) linúts plan updates to no more than once per year, except under certaihcircumstances; The 2004 Comprehensive Plan amendments include three separate actions: a request by Jon Potter for a comprehensive plan amendment and rezone for Kitts Comer; Ii request by the Puget Center Partnership for a comprehensive plan amendment and rezone; and proposed amendments to Chapter 5, "Housing," of the Federal Way Comprehensive Plan. The three actions are being considered on separate agenda bills with separate ordinances, but will be acted upon simultaneously to amend the comprehensive plan iri order to comply with RCW 36.70A.130. The Planning Commission held a public hearing on the proposed amendments to Chapter 5, "Housing" on March 23,2005, after which it recommended approval of the proposed amendments to the City Council. -"~"-"""~""---""--""'--"""'--""-"'-"'-"'-"-""-'"'--'--'"""--"'-"------'"--""-""--""""-""'-""""'-"""-""'----'---'-"'"'--'-'"'-"""--"""--"-'"""""'-'-"""'" CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC discussed the Planning Commission's recommendations during a public meeting on April 18, 2005, after which it recommended approval of the Planning Commission's recommendations to the City Council. -"","--"--,-",,,-,,..- -""",..-",."---"""",..._""...----",--""",-"""--"",,-,"-,,,-,,,--,- '-" . ,-"",--"...-.",_....,-"""..._-","",_..""-"",,,..-,,,_.._,.._-",-.---""-"-"""---"'-'- PROPOSED MOTION: "I move approval of the ordinance adopting amendments to Chapter 5, "Housing," of the Federal Way Comprehensive Plan and enactment on June 7, 2005," ~~~..._._- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLEDIDEFERREDINO ACTION ~ MOVEI}TO SECO... ND READING (ordinances only) ?/n/05 (ð , Revised - 05/10/200 I 1:\2004 Comprehensive Plan\2004 Update\City Council\Housing Chapter CC Cover Agenda,doc/OS/10/2oo5 10:29 AM COUNCIL BILL # 1 ST Reading Enactment Reading ORDINANCE # RESOLUTION # 37d{ 511"7/0 .r ,. ORDINANCE NO. DR AFT :>ßYÔ s- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN, AMENDING CHAPTER 5, HOUSING (AMENDING ORDINANCE NO'S. 90-43, 95-248, 96-270,98-330, ØO-372, 01-405, 03-442, 04-460, 04-461, 04-462). WHEREAS, the Growth Management Act of 1990, as amended, (Chapter 36.70A RCW Of "GMA") requires the City of Federal Way to adopt a comprehensive plan which includes a land use element (including a land use map), housing element, capital facilities plan element, utilities element, and transportation element (including transportation system map[s]); and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan; and WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14,2000, November 1,2001, March 27,2003, and July 20,2004; and. WHEREAS, the City may consider Plan and development regulation amendments pursuant to Article IX, Chapter 22 of the Federal Way City Code (FWCC); and WHEREAS, under RCW 36. 70A.130, the Plan and development regulations are subject to continuing review and evaluation, but the Plan may be amended no more than one time per year; and WHEREAS, the Council shall be considering three separate actions to amend the comprehensive plan, all of which will be acted upon simultaneously in order to comply with RCW 36.70A.130; and WHEREAS, these actions include Ordinance No. 05-~, approving a change in comprehensive plan designation and zoning of 4.03 acres located north of South 312th Street and east of 1st Avenue South from Professional Office (PO) to Neighborhood Business (BN), based on specific conditions as contained in Ordinance No. 05-_; and ORD# ,PAGE 1 WHEREAS, these actions include Ordinance No. 05-_, approving a change in comprehensive plan designation and zoning of approximately 46 acres located south of South 336th Street and west of Pacific Highway South from Business Park (BP) to Community Business (BC) and Multi-Family (RM 2400), based on specific conditions as contained in Ordinance No. 05-_; and WHEREAS, these actions include Ordinance No. OS~-, amendments to Chapter 5, "Housing," of the Federal Way Comprehensive Plan; and WHEREAS, in order to update housing~ and population-related information and continue to meet provisions of the GMA and the King County Countywide Planning Policies, Chapter 5, "Housing," of the Federal Way Comprehensive Plan is being amended as necessary; and WHEREAS, in February 2005, the City's SEP A Responsible Official issued a Oetennination of .. Nonsignificance on the 2004 comprehensive plan amendments, which included the proposed amendments to Chapter 5, "Housing," of the Federal Way Comprehensive Plan; and . . WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council committees, and full City Council has received, discussed, and considered the testimony, written comments, and material from the public, as follows: I, The City's Planning Commission held a public hearing on the proposed amendments to Chapter 5, "Housing," of the Federal Way Comprehensive Plan on March 23, 2005, after which it recommended approval of the proposed amendments; and 2. The Land Use/Transportation Committee of the Federal Way City Council considered the proposed amendments on April 18, 2005, following which it recommended approval to the full City Council; and 3. The full City Council considered the matter at its meetings on May 17,2005, and June 7,2005; and WHEREAS, the City Council desires to approve the proposed amendments to Chapter 5, "Housing," of the Federal Way Comprehensive Plan, ORD# , PAGE 2 Now, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as follows: Section 1. Findings. A. The proposed amendments to Chapter 5, "Housing," of the Federal Way Comprehensive Plan, as set forth in Exhibit A attached hereto, provides policies for a diverse range ofh,ousing, including affordable housing, that is compatible with neighborhood character and meets the City's design guidelines, and will, therefore, benefit the neighborhood, City, and region, while also meeting the adopted housing targets, and bears a substantial relationship to public health, safety, and welfare; is in the best interest of the residents of the City; and is consistent with the requirements ofRCW 36.70A, the King County Countywide Planning Policies, and the unamended portion of the Plan. B. The proposed amendment to Chapter 5, "Housing," ofthe Federal Way Comprehensive Plan, as set forth in Exhibit A attached hereto, will not negatively affect open space, streams, lakes, or wetlands, or the ',', physical environment in general. The amendments will allow for growth and development consistent With the Plan's overall vision and with the Plan's land use element household and job projections. The amendment, th~refore, bears a substantial relationship to public health, safety, and welfare; is in the best interest of the residents of the City; and is consistent with the requirements ofRCW 36.70A, the King County Countywide Planning Policies, and the unamended portion of the Plan, Section 2. Comprehensive Plan Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998,2000,2001,2003, and 2004, copies of which are on file with the Office of the City Clerk, hereby are and shall be amended as set forth in Exhibit A attached hereto. Section 3. Amendment Authority. The adoption of Plan amendments in Section 2 above is pursuant to the authority granted by Chapters 36,70A and 35A.63 RCW, and pursuant to FWCC Section 22-541. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis ordinance, or the invalidity ÛRD# , PAGE 3 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 other persons or circumstances. Section 5. Savings Clause. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, and 2004 shall remain in force and effect until the amendments thereto become operative upon the effective date of this ordinance. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affinned. , Section 7. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this ,2005. day of CITY OF FEDERAL WAY Mayor, Dean McColgan ATTEST: City Clerk, N. Christine Green, CMC ApPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WI1H 1HE CITY CLERIC PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: 1:\2004 Comprehensive Plan\2004 Update\City Council\Housing Chapter Adoption Ordinance.doc/S/l012005 10:43 AM ORD# , PAGE 4 EXHIBIT A TO ADOPTION ORDINANCE CHAPTER FIVE - HOUSING 5.0 INTRODUCTION This ohapter was prepareàin eonjunction with the Land Use chapter ofthe Federal Way Gomprchcrlsi';c Plan (FWCP). Together they proYide Ii holistic view of how Reusing stock may be expanded and improved to meet the City'shousmg needs oyer the n$.t 20 years. The emphasis of this ehapter is en presørvmg the high quality of existing residential neighborhoods ,,"'{hile improving housing opportuni-ties for low ineome families and persons ...lith speeial housing needs. These housing needs were idemified in Ii Rousing Needs Assessment, whiM the City completed in the Fall of 1993, and are summarized in this chapter. The Growth Management ¡'.-et (GMA) requires that housing issues be addressed in both the Land Use and Housing chapters. Te gain a full picture of how new housing will be provided in Federal 'i~¡ ay, both chapters should be read. As a general rule, the Land Use chapter desocibes what densities ',vill be permitted in the various neighborhoods of the City and makes reeomm:endatiøns for how new residential neighborhoods should be designed so that they are a positive addition to the community. The Housing chapter foeuses on the demand for new housing, the availability of a range of housing types and styles, and on the housing needs of low and moderate income families, special needs populations, and the homeless, This Federal Wav Comprehensive Plan (FWCP) Housing chapter, together with the Land ,Use chapter, is perhaps the most personal components of the comprehensive plan. Their policies affect the inunediate environment in which residents live and raise their families. The primary goal of the Housing chapter is to create high quality neighborhoods that meet Federal Way's current and future housing needs for all economic groups and household types. It does this bv preserving existing neighborhood character while also encouraging the development ora wide range of housing types. The Land Use chapter detennines the location and densities of that new housing, ' The availability of diverse housing choices and affordable housing for all income grOUpS is essential to a stable, healthy, and thriving community. Most housing is not built by . cities. but by the private sector. However. cities and other entities, such as lending institutions. do impact the supply and affordability of housing. This chapter focuses on the housing supply and affordabilitv factors that the City can either control or influence. FWCC - Chapter Five, Housing 5.1 Re uirements of the Growth Mana ement Act Washington state Growth Management Act The GMA requires cities to, "...encourage the availability of affordable housing to all economic segments of the population and to promote a variety of residential densities and housing types." It also encourages "preservation of existing housing stock." The GMA discourages conversion of undeveloped land, "...into sprawling, low-density developments" (RCW 36,70A.020, 1990 Supp.). The GMA requires that the Housing chapter include: . An inventory and analysis of existing and projected housing needs. . A,statement of goals and policies for housing preservation, improvement, and development. . . Identification of sufficient land area for the number of needed housing units, including government assisted housing, housing for low income families, mobile/manufactured housing, multiple family housing, and special needs housing. This defines the amount of land that the City must designate for housing in the Land Use chapter. . A strategy and policy for meeting the housing needs of all economic segments of the community. . Encouragement for innovative land use management techniques to enhance affordable housing opportunities, including density bonuses, cluster housing, planned unit developments, and transfer of development rights. Affordable Housing Inventory A 1993 legislative amendment requires that all eities and public agencies develep an inventory ofp1.tblie properties ne IOHger needed fer 1:I.se and wIlieR may be available for affordable housing. The Hwentory is to identify individual prøperty locations, size, and C1:HTent zoning category. Pub lie ageneies inel1:l.de all school distriøts and the state departments efNatural Resourees, Transportation, Sesial and Health Services, Corrections, and GeRefal Administration. The inventory is prøvided to the Washington Offiee of Community Development (OCD) and is to be updated annually by November 1. The inventory is ayailable frøm OCD Uf>eR '..,ritten reql:lest (RCW 35.21.687). Accessory Dwelling Units The City is required by the state Housing Act of 1993 to include provisions for accessory housing. To allow local fleJÜbility, the provisions are sl:lbjeot to such regulf1tions, Revised :!QQ2 2005 V-2 f:WCC - Chapter Five, Housing conditions, and limitations as determined by the City Council CRCW A.63.230). CoRsistent \yith the adoption of the fWCP in 1995, the City prepared and adopted aocessøry d>lleUing Wlit provisions consistent with the state's mandate. Multi-County Policies In response to the GMA, the Puget 8oWld R-egional Council (PSRC) adopted regional housing polieies. These polieies promote fair RO1:lsiag aeeeGS to all persons regardless of race, color, religion, gender, sexual orientation, age, national origin, family status, SOUi'ee of in eo me, or disability. Polieies seek to strefl.gtßen intetj1:1fisdietional efforts for fair distribution of low and moderate ineome, and special needs housing. PSRC polieies seek to pro';ide a diversity of housmg types to meet the Reeds of all eeønomie segments of the population. Jurisdietions should promote cooperative efforts to enS\ife that an adequate supply of housing is a';ailaèle throughout the regiofl.. Eaeh jurisdietion sRøwd work at preserving existffig affer.dable housmg stoek andpro'liding access to publie transit for the residents m s\:J:eh housing. Polieies promote development of institutional and financial mechanisms to provide housing near eømmunity eenters. They also encourage consideration of the economie impaet ofregulatioRs and develøpment of regülations that do not b\:J:fàen the cost of housing development and maintenance. Countyv:ide Policies In 1994, King County adopted Countyvride Planning Policies CCWPPs) f<lr affordable housing that promote a "rational and equitable" distribtttion of affordable housing. The policies establish numerical housing targets that each eity should accommodate and 6peeifie targets for housing affordable to households earning less than gO percent of the County's median family income. Loeal actions to eneourage development of affordable housing may iRclude, but are Rot limited to, prøvidmg 6uffieient land zoned for higher housing densities, revision of deyelopment standards and permitting proeedœ-es, reviewing codes for redURdaHcies and ineeasistØfleies, and providing opportunities for a range of housing types. ¿,\dditionally, all jurisdietiens should partieipate in a coøperative, countywide eff<lrt to address current low inceme housing needs. Initially, this effort will inelude identifying a eounty\'¡ide funding sø1:H'ee and countywide programs to address housing needs that eross jurisdictional boundaries and benefit from COlHttywide application. Other eounty::ide housing polieies require jurisdietíøns to eyaluate ~.isting subsidized and lo',y eøst housing resources, and identity sl:1ah housing that may be lost ooe to redeyelopment, deteriorating housing eenditiøns, or public policies or aetiøns, Iurisdietions should de'¡elop strategies tø preserve existing low iHeome housing and proyide relocation assistance to households that may be displaced due to publio action. For jl:lfisdietions such as Federal Way, whiohhave elected to have an urban center, the CWPPs provide that the center be planned to accommodate a minimum of 15 dwelling units per aer'Ð. Revised 2QQé ZQQ§ V-3 FWCC - Chapter Five, Housing Alljurisœetions should monitor aHd report ofl 'I&rious aspeets of residential devi:llopment within their ooffimooities. They should define aanual targets f{lr hoasing developmeRt and preservation, and track progress ia aehieviag countywide and Ioeal goals f{)f hoasìng all eeÐflomic segments of the pop1.ilatioa. The eoooty's Growth Managemem Planning Couneil (GMPC) is eharged with determining whether de';elopmeat of housing for all ecQfloffiÏe segments of the population is satisfyiag housing Heeds. If nevI housing falls short of meeting the eoWlty':tide need fer hoasing, £lad particularly affordable housing, the GMPC may recomm.eHd additional actions. Implications for the Housing Chapter In summary, based upon the foregoiag laws and policies, Federal Way's Hoasing eha-pter should inelude an inyentory of eJlÎsting housiHg steek; identity ho\:1sing needs, end set minimum Rousing targets for eaea eeonomie segment of the population; pro'ride fer suffioient, appropriately :i5oned hmd to meet these Heeds; and identify appropriate goals, policies, Ilßd strategies fOf aehieviøg these housing targets. Tools fer aemeving these goals may inelude amendments to the zaRing ehapter of the PcdCFal WßY City C8dc (FWCC) to ef1eounge a more (k;ersified heusæg stock, promote imaginative desigR, and encowage development of afferdable housiag. Strategies may alse inohtde provisions fOf interjurisdiotional efforts to pröyide and finaneeafferds:ble ho\:1sing. The primary Objeetive should be to creMe residential fleighberHoods wilieR are of high qüaIity, proYide social and eommunity support and meet the needs of all segments of soeiety. Existing Conditions IntroduetioB Federal Way has grO'Nfl rapidly in the past. The area doob1ed in popü1atiofl. daring tHe 1960s QRd again in the 1980s. Siftee its ineerparation in 1990, the City Ras grown by 23 porCeHt. Based on PSRC foreeasts, WhEiB the ifl';entory of vaeant laRd is eOflsumed, grovlth vtill slow do\'vn considerably. . AltheügR households are generally more affluent ifl Federal Way than ifl flearby eommunities, borne priees are fairly even thrOl:lgflout South King County. The King Coooty Offiee of Regioflal POliÐY Qßd PlarJiÌng reports that ifl the first three tlHarters of 2001, the average siflgle family house priee in Federal V'lay was $213,060, eompa:recl to $222,580 in KeRt, $216,519 in Auburn, and $207,302 in Des Moines, The Seattle Everett Real Estate Resear~h R-eport reports that in the Fall of 200 1, the median rent for a two bedroom/oHe hath apartment was $703 ifl Federal Way, $714 in Kent, $676 in Auburn, and $689 in Des Maines. In 0omparison, the median refit f.or a two bedroom/one bath apartment was $1,100 in Seattle, $1,182 in Bellevuø, $&&6 in Redmond Revised 2002 ZQQ§ V-4 FWCC - Chapter Five, Housing ($986), and $977 in Issaquah. This demonstrates t8at 801:11;8 King Col1flty has more affordable rental 8ol:1siag avail&ble tflat1 the rest oft8e eol:lflty. Population The 2000 Ceasusßhows that compared to King COlHlty, Federal Way had a larger pereen-tage of ehildren under 17 yeB'fS old (28 poceent eoFnflared to 22 petil6Rt in the CoWlt)'). On the other h&nd, only eight pereent of the Federal 'Nay population vIas €iS or older in 2000, ßom13ared to 10 percent in KiRg County. However, it is eR13eated that the number of eldocly will inerease in federal Way 006 to the natl:JfBl aging of the popwation, seniors tending to r-eloeete to Federal Way in search. of affordable Reusing, and the large ffiffilher of senior housing units being built in Federal Way. Senior eìtizens require such services as heme delivered meals, respite care ser"Viees, reor-eatioH seryices, in home eare, congregate and nursing ear-e faeilities, and traasportation. Figure V 1 (page 5) deseribes the 2000 distributien of Federal Wa:y's pop\:lla-tion. [The following figure will be replaced by a new Figure V -I (page 7).] , Pïewre VI., Federal W-av Aee Distribution Iw PoDulation ~ 30000 25000 20000 15000 1 Moo 5000 0 Under 20-34 35-54 55-64 65-74 Over 75 20 SeI!FlH!: 20gg CellSI!S Countywide Policies The Countywide Planning Policies (CWPPs), required by GMA, both confinn and supplement the GMA. The CWPPs for affordable housing promote a "rational and equitable" distribution of affordable housing:. They require that jurisdictions do the following regarding housing; . Provide for a diversity of housing types to meet a variety of needs and plan for housing opportunities for all economic segments of the population. . . Consider the need for proximity to lower wage employment. access to transportation and human services. and the adequacy of infrastructure to suPport housing development when planning for housing affordable to low and moderate-income households. Revised 200:! 2005 V-5 FWCC - Chapter Five. Housing - Develop strategies to preserve existing low-income housing and provide relocation assistance to households that may be displaced due to public action, where feasible. -Evaluate existing subsidized and low cost housin~ resources and identify such housing that may be lost due to redevelopment, deteriorating housing conditions, public policies or actions. . Participate in cooperative, countywide efforts to address current low income housing needs. The policies also establish numerical housing tar~ets that each city should accommodate as well as s?ecific targets for housing affordable to households earning less than 80 percent of the county's median family income. The numerical housing target for Federal Way is discussed in the Future Housing Growth section of this chapter. The overall targets for low and moderate-income housing are described below. . Seventeen percent of new housing units should be affordable to households between 50 and 80 percent of median income. - Twenty percent of new housing units should be affordable to households below 50 percent of median income. (Jurisdictions that had relatively less existing affordable housing were required to have 24 percent of new housing be affordable to this income group.) The CWPPs also suggest local actions to encourage development of affordable housing. These mav include, but are not1imited to, providing sufficient land zoned for higher housing densities. revision of development standards and pennitting procedures, reviewing codes for redundancies and inconsistencies, and providing opportunities for a range of housing types. 5.2 FEDERAL WAY AND ITS HOUSING Federal Way, like most communities. has residents with a range of incomes. ages, and household tYpes. The size and type of housing needed bv Federal Way residents have been changing due to a number of factors, such as the influx of new immigrants, the increasing number of people living alone, the rising number of single-parent households, and increasing life span. Federal Way's housing opportunities must accommodate all of the various types and cost ofhousin~ needed by its residents. Revised :!002 2005 V-6 FWCC - Chapter Five, Housing tlouseholdand Population Trends Federal Way's population growth has slowed down since the 1980s when its þopulation doubled. According to the Census, from 1990 to 2000 Federal Way has grown approximatelv 23 percent. This is greater than King County's growth rate of 15 percent. but less than some of its neighboring cities. Population by Aee The age of a city's poþulation is an important indicator of housing need. Different types of housing are needed at various stages of people's lives. Federal Way's citizens are relatively young, Over half of its population is under 35 years of age: almost one-third of this group is under 18 years of age. This statistic reflects a City with many young families and individuals, many of whom may need rental housing as well as first-time homeowner opportunities. It is the residents between the ages of25 and 35 that represent the maiority of potential first-time homeowners. Federal Wav must provide entry-level homes for this existin~ and future population if they are to remain in the community. Typically, first time homebuyeropportunities are in tht< form of smaller single-family homes, townhouses, and condominiums. Fiaure V-1 Federal Way's Population bv AQe 25,000 Q g. 20,000 Q ~ 15,000 0 ; 10,000 .c § 5,000 z 0 5 and 6-17 18-24 25-35 36-54 55-64 65-74 75-84 85 and under older Age Source: 2000 Census Smaller sized ownershiþ units and rental housing are needed not only by this younger population, but by seniors as well. Seniors often desire smaller and more affordable housing, both ownership and rental. in order to minimize or eliminate yard work! housework and to expend less of their fixed incomes for housinl!. Of course, these types of housing are also ideal for the lZfowing number of single person households, as well as for many of the rising number of single 'Parent headed household, regardless of age. Seniors make up only eight percent of Federal Way residents, less than King County's percentage of ten. However, countywide. both the number of elderly and its proportion of the senior population is expected to increase by 2010 and increase more dramatically by 2025 as the baby boomer generation al!es. Revised 2@ 2005 V,7 FWCC - Chapter Five. Housing Household Income Understanding the distribution of Federal Way's household income is also critical in planning for its future housing needs. A household's income dictates its housing '. decisions and oPt'ortunities, The King County Benchmark Program defines income groups as follows: Extremely Low Income: Very Low Income: ¥-ePj Low mcome: bew Moderate Income: Median Inoome: Middle Income: Upper Income: 30% "0 - 30% of county median income 31-50% of county median income 51-80% of coooty median income 100% 81-120% of county median income 120% or more of county median income King County's 1999 median income for all houseoolds "yas $53,157, compared to Fede~l Way's median income of$49,278. More l:1peoifioally, the 2000 H.D.D. Income Levels by Household Size for various income groups are shovm by household size in Table V 1 , (page 6). '.!lhile Federal Way households are generally more affluent than elsev.'here in South King County, about 1,390 households in the City ofFederalWaya-œ currently receiving housing ,assistance from the King County Housing Authority, or lhing in subsidized private housing. . . .. According to the 2000 Census, Federal Way;s median household income was $49.278, which is less than King County's median 0£$53.157; but more than the South King County cities'¡ median income of $45,850. Federal Way's income groups are distributed in approximately a 60:40 split; with 60 percentofresidëntswith middle and greater incomes and 40 percent with moderate and lesser incomes. Figure 'V~2 Households By Income level Very low Middle and Upper 11 % l 58% ~o,:, ,':" r12~ , Modemte 19% Source: 2000 Census 1 The South King County cities used in this comparison are Auburn. aurie". Des Moines. Kent. Federal Way. I Nonnandv Park. Renton. SeaTac. and Tukwila. Revised ~ 2005 v-a FWCC - Chapter Five, Housing Household Size Federal Way has the largest average household size in South King CountY at 2.63. It is well above the King County average of 2.39 per household. However. as for most citi~ Federal Way consists predominatelv of one and two person households. as the figure below shows, Three reasons for Federal Way's relatively large average household size is its large percentage (67.6 percent) of families, its relatively high number of immigrants (who tend to have large families), and the oyercrowding of its housing due to affordabilitv and availability issues. . Figure V- 3 Distribution of Households by Size in Federal Way, 2000 5+ People 11% 1 Person 25% 4 People 15%. 2 People 32% Source: 2000 Census Oyercrowdine According to the 2000 Census. almost eight percent of Federal Wav's housing is overcrowded. Overcrowding, defined by HUD as having; more than one person per room in a housing; unit. is more of a problem in Federal Way than in KingCountv or on average in South Kin!! CountY. although the South King County cities of Kent. SeaTac, and Tukwila have a worse problem with overcrowdin!!. Overcrowding typically results when households have to "double up" in order to afford the cost of housing, or :trom large families not being able to find an appropriatelv sized unit. Special Needs Populations There are many peoþle in Federal Way who need housing that is directly linked to supportive services and/or is designed to accommodate physical disabilities. The private market. for the most part, does not meet the housin!! and service needs of these In'OUPS. especially i[they are low.income. However, the need is independent of a person's income: it is experienced due to a crisis or disabling condition. Although most who are disabled on a pennanent basis. due to the limitations of their disabilitY, usually become very low-income. Revised ~ 2005 V-9 FWCC - Chapter Five, Housing Special needs populations and their needs are diverse. Some grOUpS require special needs housing: for a limited time and others on a pennanent basis. Two examples of housing- needed on a pennanent basis are group homes by some developmentally disabled adults and apartments with supportive services for the chronicallv mentally ilL The type of housing that is needed on a temporary basis includes confidential shelters and transitional housing for victims of domestic violence, supportive housing for pregnant teens. and emergency shelters and transitional housing for the homeless. Special needs populations require two major ingredients to ensure a stable housing situation: very low cost housing and supportive services. The type and number of supportive services required varies by population and by individuals within each population. Jurisdictions can help encourage an adequate supplv of special needs housing by ensuring that its codes and regulations are not barriers to the provision of special needs housing throughout the City. Employment During the 19806, Federal Way's employment base grew faster than any other suburban area efKing County. This grewtk was priæerily in retail afld sefVieejees afld by 1991, more thafl one third of Federal Way's employment base "vas in retail sales, followed elosely by service employment. The 1999 Cc/'l.t-Nll..~gct ðaf¡nd Regional Economic' Report Emplayment Pattern and Tr<Jnds, 1995 1998 reports that iB Federal Way, jabs co'lered by 8øeial8ecurity grew from 23,800 in 1995 to 27,820 in 1998, an increase of 17 percent. This study also reperts thatthere were less thafl 100 high teelmelegy jobs in 1998. HowtJvør, between 1995 and 1998, r-etailseotor jobs incr-eased from 6,650 to 7,710, a 16 percent iflerease. Bl.-lt between 19.98 &REi lOgO, retail jabs iflereased eflly by sÎJ( pereent while all covered empleymeflt inefeased by 13 pereeflt Hom 27,820 to 31,315. Federal Way is more a source for workers than a place to work, according to the Puget Sound Regional Council's (PSRC) Location of Jobs and PeoDle in Central Puf!et Sound. 1999. There are 30,012 jobs in Federal Way, according to another P8RC studv. Covered Employment Estimates for 2002. This is not enough to emplov Federal Wav's . approximately 60,000 potential workers ailed 18 or older. This low ratio of people to jobs is why Federal Way is considered a bedroom community. Approximatelv 70 percent of those 30,012 jobs were in the retail and service sector. Jobs in government and education accounted for the next highest percentage with almost 13 percent. Federal Wav's proportion of retail jobs is twice the regional average. Jobs in retail sales and service employment typically pay low wages and as a result, these workers have difficulty finding housing they can afford despite working full time jobs. Accordingly, there may be an imbalance between jobs available in Federal Way and the earnings needed to afford local housing. Ironically, this may result in employees working in the City commuting from other communities where cheaper housing is available and higher wage earners who live in Federal Way commuting to' other cities for higher paying jobs. Revised i!@ 2005 V-10 FWCC - Chapter Five, Housing Table V 1 TO> ~ T _.._1- n. . C':~~ . = TT ' .. ! ~ Mi ~ 4 I B1¡tremely LaVl {neame (39%' afmediaa) m;8OO .m,soo ¡.u;,m. ~ ~ Affordable HSG Payment". m8 ~ $W) $J.7() $4+l- Affardaàle Rent ~ ~ $4l-9 $444 $494 Affardable Hayse Priees.". $44;400 ~ m,goo W,t.OO ~ Very Law {Beams (59%, ofmediaa) ~ ~ m;9W ~ ~ Affordaàle HSG Payment $48G $M% ~ S&++ ~ Affordable Rent ~ ugg $@9 $+4Q $82; Affer-dable MaHse Priess ~ ~ $89;QOO ~ $lQ5,800 Low ¡neome (&9~{' afmediaa)" m,+w ~ ~ ~ ~ Afl'eråaàle HSG Payment ~ $&J6 $U9 ~ ~ Afferdable ReRt $8-79 $l,OO4 ~ i+;+MI ~ :\fferåaele House Priees ~ $129,HlO $137,299 $145,390 $Híl,109 Median ¡Reome (199%' efmediaa) $#;GOO ~ ~ ~ $M;8OO A.ffaF6able HSG PayrnMt $%Q ~ ~ $l,W ~ 'Aff.ordable Rent ~ ~ ~ S+;48O U;&# Affordable House Priess GI4&,299 $Hi9,199 $179,700 $199,390 G2I1,SOO UJ:1I39T ¡nearne (120~1o afMeEii8B) ~. ~ U+;G8Q .~ $+&,9@ AffordaBle HSG P~'ffient $+;-l--£ $!.¡ill ~ S+;48O ~ Affordable Rent ~ ~ $l,é++ u,m $-1-;9+4 AfferdaBle House Priees $177,&90 $202,900 $21S,liOO $228,199 $253,&99 .sø-iet The 2991 KiRg GeHRt)' Hefleh_le Repart plilllÎ'shed hy tile KÎRgGeliRty Offie6 eflWgÎaRal Palîey at!d PI_jug. Netest '"Sinee the avefllge KG Hellseltald is aåelit 2.4 persaRs, this eehiniR &f!PfeåfRate~ theæediaR fer all Hells6flalds ill the eellnty, "'Beealise efth6 way HOD 6alelilates tRia ineefRe level, it is aeæally 76% efilie Mediat! meeæe f8tfleF thllR 8Q~{', althaliglt it is eall6d L8Q. ,"ufdl afferdable hellsingpayment is 2§% efll'leRthly iReeme. Afferdable r6nt is 3Q% efmaRthly iR6afRe. UUThe affofdable HefRO f'Âee is ÐlISed an a 3Q year Ibled m9Ftgage at 7.25% intereat willi S% dewl'l. I) The 191}9 City ofFed-lJ"'lli Way HNmffflSef>1'Îee5 C8I1tp."ehell!¡i\'e Phm defines at! affordable HBIiSillg eppertllnit)' aii Feflts aífefdal!le t8 HeliseHelds eaming less that! 3Q% BffRediÐR ¡neome. 2) Fer rBRlals, at! atrordable manthly Ja)'ffieflt is deHRed as a flelisiRg ees&lpa)'ffieRt tÀat is Re meRl tHan 30% af a flallseflald's monthly ¡neefRe. This de6s Het iHellide a dedlletien fer Illilit1eS; it aSSlime5 tflat the efltire pa}'fRBRt gBes teY,'lIFd tÀ6 rent. E!lafR!16: 50% afmed¡an ineame for a Iliree f'eF5eRHBliseHeld WIIS B:29,(!í9Q in 2900. At this iHearne, the family 6aulà affard 8;719 iR RlRt. 3) The 19-99 Cily 8f Fadeal Way Hwman 8cn'Îees Cømp,.chellsjw~ Plfffl defines an affordable e\Vfl9fSflip eppBFWnity as pRees affordable ta lIeliseflBlds eamiRg less tllllll 8Q% efmediaR iR6ame. 1) Fer HBmeBwnBmkip, l1li affaràable mBßtkly payment is defined as a helisÎng BBslipaYFAeRt Iliat ia RB mer~ !haft 25% ef a HBliseHBld's fR6I\thly iHeemo, This 1ew.'B5 3% efiReeme fer HUlea IiFId ¡nalifRRBe. 5) An aff6!'dal!le HefRe f'Âee ia &f!f'rmdmately three limBs the at!nlial hl.llisehelå ¡neeme. An gg~{. ofmediDR iReBFAe fer a Iliree pemeR HBliSeHeld was $15,200 in 2QOO. At tIIis ineome, Ilie fBmily eBliIII afford tB plirBkase a HefRO aBating Re mere tHIIII iIH,39Q. Tø illüstrate some of these poæts, TaBle V 2 pnwides emH'l'lples øf 200 1 HøHsing Prioes in King COltRty, the ineome reEüired to pürøhase these houses, and examples oftypioal oefimpatieas with reEJuired earning power. Eyen though these examples are Fl:øt speeifiø to Federal Way, they demonstrate it would be difficult for an employee in the serviee 6f retail sector to purchase an ayerage prieeà home in Federal 'Nay. .\ocording to the King County Office of Regional Policy and Phmning, the ayerage priee for a Federal Way Revised 2002 2005 V.11 .. - . ~~ , ~ -- . ~ - 1001 Hellsing Priess in KIng ¡neeme ReqlllremenÍ8 fer Typical Oeellpations with Reqllired Euning PeweF Qmøt¥ " . $174,QQQ Medial! PTiGed Cc:JRde $59,000 meerae RellIireEI I full time EIIglish prefesser ($55,300) ar I full tiTRe registød Rllr-ge ($:B,300) ar I filII time USPS mail eamer (£37,900) aHd 1 half time medieal AuaeheE! TawRReme aAer §% devlR .. 'm.. 'flfl' , $56,009 Ineeme RellIired I full time firefighter ($43,000) aHd 1 half tiTRe iMIIFBRee elai- pFBeesser $195,000 Heme 8: 13,7QOO) or lfull time maehinist ($40,300) anE! 1 half time tiàFafY teeRRieiaH after 5% E!OWR ,... ~ .nfl\ $7S,599 Ineame Reqllired I (\ill time IœI'luK TIISl!&filfl analyst ($75,000) aT efmltlilter software engiaeer $264,900 Median Priced Heme ~~:~,O~~ ar I filII time mierebialegist ($18,900) and 1 full time Rvel IIgeRt after 1 09~ da'llR $9-2,900 lReeme R«¡lIired I fu" time hllmal! resoorees m&l\ager $69,300) \mE! 1 full t}me vete.ü sales . Æ322,OOO ~yerage .i>ti~e¡ l1effle werl.eT ($~3,30.ø) or 1 full t4me eenstfUefleR R'IIIRliger (:¡;r;1,QQQ) IIRd Hilll lifter I Q% åeWII .. ... . .', .. .' ...'. ,flflfl' , . . " , $839 A'¡erage relit mentA average $33,600 i"eeme TellIireEI I full time admiRistfBtive assistllflt (£33,800) et eetteetÎens emBer ($33,840) rent fer II 2 bedfØomll Bllth Vail . ~.. . ;^^' .. .~.'" , , FWCC - Chapter Five. Housing home was a-pproximately $213,060 in-the first tAree quarters of2001). During this same period, the median siHgle family house priee in Federal Way ',Vas $188,000. In the more extreme cases, these individuals and families may Heed Saffle type of go'¡emment subsidy to access e-/eft rental RoHsing. If these eæpley:m.ent treads eøntinue, the City may be under increased pressure to pre-fide housing assistance to those empleyed leeRIly iH loy! wage jobs. Tlthle V 2 ~ . . +hI! November 2091 A/I/lufll !Wi/9ing Affordable BwUeÛ1I JlHBliallel! BY tile King COIIRty amee ofR.egional potiey aHd Planning 'N&tet ' . ..'. . , Salaries lire I!stimllted bIlGed en IIvemgea far IIIItfy ta miE! career ellffiet's, unless otherwise sJeeified. Housing stoc-k and its CondItIon According to the April!, 2004, Washington State Office of Financial ManaR:ement (OFM) estimates there are 33,249 housing wlits in Federal Way. Of this total. 18.377 are sinR:le family, 13,635 are multi-family.J,219 are mobile homes or trailers. and 18 are special housim!. The majority of Federal Way's housing is fairly bomoR:enous. The housing primarily consists of sinlIle-family detached units. constructed in the sixties and eighties. According to the 2000 Census, almost 11 percent of those sinlIle-familv homes are rentals, a lower percentage than the county's approximately 13 percent. There are some mobile home parks and a few duplexes located in the City. The rest of the housing stock tends to be two and three stOry apartment buildings. Although. the number of structures with 20 or more units has been increasinR: as a proportion of all housing in the last several vears. (The composition ofthis housing is illustrated in the filIure below.) Federal Way's housing provides only a narrow range of choices and does not fully reflect the range of housing options that could be built. Revised@W 2005 V-12 FWCC - Chapter Five, Housing Figure V~4 Federal Way's Housing Stock Mobile Homes 4% Single Famil 55% Source: Washimrton State Office of Financial ManalZcment. Anril2004 This lack of housing choice creates a situation where an increasinlZ number of families find it difficult to obtain suitable housing in the community. It affects empty nesters and couples that have raised their families and who for life-style reasons. no longer need or want a large single-family house and the associated maintenance. Young adults, students, rOum! married couples, and low-income workers would like to live in the community where they grew up or currently work. but often cannot find a house that fits their housing needs or cannot afford the available housing. . Subsidized HoDsin!! Included in Federal Wav's 33.249 housinlZ units, is a limited amount of subsidized housIng. In 2004. there were 443 King County Housing Authority (KCHA) Public Housing units and approximately 800 subsidized units owned by private nonRprofit a2encies and reserved mostlv for the elderly. phvsically disabled. or those with other special housinlZ needs, In addition. as of February 2004. 1.141 households were rentin2 in Federal Way using KCHA Section 8 vouchers. A household with a Section 8 voucher can live anywhere in the county, The tenant pays 30 to 40 percent of their income toward the rent and HUD pavs the remainder-up to a certain limit. Tenants are encouralZed to Dav rio more than 30 percent of their income. but are pennitted to pay UP to 40 percent if necessary to obtain suitable housing, The demand for both subsidized housing and vouchers far out strips supply. For example, in February 2003. 364 Federal Way residents were on the waiting list for public housing; households are typically on the waiting list for I Y:z to 2 years. In addition. 420 Federal Wav residents were on the waiting list for Section 8 vouchers; however, the Section 8 waitinlZ list is closed to new households and it is not expected to open for the foreseeable future. Revised 2QOO 2005 V-13 FWCC - Chapter Five, Housing Housin!! IB"/eBtory Condition For the most part, the housing stock in Federal Way is in good condition. The City has very little concentration of substandard housing, which is typically found in older urban areas. However, houses in poor condition do exist in isolated cases around the City and in small pockets, As depieted in Figure V 2 (page 8) preseRtly, 59 pereoot efFederal Way's housing steak is eonstrueted RS single family flames. The remaiaing supply is compesed ef 1$ pereeRt multiple family 1:lßits and [¡'le pereeRt mobile homes. The 1999 City 8/ Fedeml Way HN1'Han Services C8mpFChCfffli'/c Plan reperts that several prOgt'flffiS exist te assist indiviEhtals with heusiag costs to help them with maißteHanee ef &xisting heusing. The most cammen st1:bsidies include reduced cost units for reftt, ¥6uohers er certifiea-tes to assist with tefl:affi leeateàhoNsiag, graats te help with doWll payments, reàNeed interest rate loans, and cash sl:lf.lplemeRts fer atilities eT home Figure V 2 Federal Way's HausiBg Staek Multiple Family 45% Single- Family 50% maintenaflee. .^.nother rese1:H"ee is pHblic heNsing. The KÎ1:¡g GeNRtj' Heusiag Authority OY.11S 113 l:Jflits ofpu&1ie lwHsiag ia FedereRI Way. In addition, Section 8 certifieates provide St1bsidy efthe reHtal eost of privately e\vfled hoNsing. Withia Kiag Ceunty, outside of Seattle, 81 pØfeØflt of Section 8 certificates are used in South King County-, where h61:lSmg is more afførdable.m. DeeeffiBØf 2901, 9€i1 (Hi pereeRt eftotal administered BY the King Ce\:1ftty Heusing .^"ath.erity) Seetien & eertifiaates and/Of \'0Hohers Wef6BÐiflg used in Federal Way. There are presØfltIy seven organizatiÐfls that efrer 6mergeaey shelter eHd traasitioßal hol:lsiag tø resideR!" of Federal Way. The 1999 2000 Seattle King County Homeless Response Report states that there are IlfIprOJdmately 14& emergeasy shelter Beds and 157 transitional heNsing units in Seuth King Cel:lfity. Revised ~ 2005 V-14 FWCC - Chapter Five. Housing Nef1e eHhese ergEminatiøf1s, by themselves, have the eapaeity te adeq1:1ately meet the demafldfor sernae. EveR with close eeepemtiof1 and Gøordination, they have had diffie1:11ty meetiRg the grOVl'iRg demand fer smiees aad providing case manageæeRt fer clients. :\.nother iæportant wa-y to provide afferdable hø\iS1ag is to prevent the eJlistiRg affordable ho1:1siag steak frem beiRg redeveloped er àeterÎeœtiag to the point that it is Be looger useable. fJthough the City GEm gefterate maps ofpreperty with high redevelepmeat peteatial, tHere is no data that speGifically describes he'll æ1:1eh property is aotually redevelaped and hew many afferdable h0\1s1ag $1ts are actually lost. Te address these sitliatiÐBs, the CWPPs promote develepmeat 0f stmtegies to preserve existiRg lew ineeffle housing. Te';iiH'd that end, Federal WfJ:Y 61:HTeatly allocates Comnumity DevelÐ3ment Bleak Grant (CDBG) ftmds to hø\:l5ing rehabilitatioo programs s\l1:ljeat to f1:lRds fJ:'lailability. Future Housing Needs The King County Assessor's Office provides infonnation related to housing construction Quality, which isa goo-d indicator of housing condition. The Assessor's data indicates an overall housing stockof average to better Quality. There are a few areas. however, where clusters of buildings have lower Quality rankirigs. Two such areas of note are the Westwav and Lake Grove neighborhoods. The City is aware ofthe housingcondition in these areas, In Westwav, the City and a grOUP of interested housing and social service agencies are working with the community to identify approaches to improve the neighborhood. The goal is to create a model for neighborhood involvement and planning that could be replicated in other neighborhoods. Preventing existing affordable housing stock from deterioratin~ is a key to retaining existing affordable housing. Housina Cost and Affordabilitv The tenn "affordable" is not dollar-specific: it is used in a relative sense. In the case of housing, "affordable" typically is defined as housing costs that total no more than 30 percent of a household's gross income. That affordable dollar amount. of course, changes depending upon the income level of each household. The following table shows the annual income, affordable monthlv housing cost, and affordable home price, by household size, for each income group. Revised ~ 2005 V-15 FWCC - Chapter Five, Housing Table V-I 2004 Income Levels and Affordable Housina Costs by Household Size L .J ,635. $ .2Hl.1O0 .$..32H"Wn $ 369,100 ,$ 410.4_0(~ Unfortunately. housing costs often take a bigger bite out a household's income than the recommended 30 percent. For higher income households. this stilI leaves enough money to pay for other necessities and perhaps some luxuries. It is lower income households that are negatiyelv impacted if they are Wlable to find affordable housing. According to the 2000 Census, in Federal Way almost three-auarters of households earning 50 percent or less of median family income spend oyer 30 percent of their income on housing: almost 40 percent of those households spend oyer half of their income on housing. Table V-4 provides more information on residents overpaying for their housing in Federal Way. Ownership Housine The cost of ownership housing in Federal Way. like other places in king County, has been increasing. In 'Federal Way, the ayerage price of a single-family home in 2003 was $233,980, an increase of24 percent since 1999. and the average price ofa condominium increased by 37 percent to $120,958. Revised 21m 2005 V-16 FWCC - Chapter Five, Housing Table V-2 2003 Housina Sales Prices In Federal Way $233.980 $286.247 $120.958 17% 37% Source: Northwest Multiule Listinl': Affordabilitv of Ownership Housinl! Compared to some other parts of the county, Federal Wav's ownership housing is , relativelv affordable. For instance. in 2003. the averalZe price of a home in KinlZ County was $352,956, approximately $120.000 more than in Federal Way. As the table below shows, in 2003. the averalZe priced single-family house was affordable to households over 80 percent of median income, while a three or four person household below 50 percent of median could afford an averalZe priced condominium in Federal Way. Table, V-3 Affordability of Home Purchase ¡nFederal Way. 2003 ...". ."", "".". . . 1 00% Median 120% Median Just Over 50% Median 1 00% Median Over 1 00% Median Less Than 50% Median 80% Median Over 80% Median Less Than 50% Median Less Than 80% Over 80% Median Less Than 50% Median Median Rental Housinl! The Dupre + Scott Apartment Reports track rents by the size of the building: 1 to 19 unit buildings and 20 or more unit buildings. The vast majority of rental buildin~s in Federal Way are less than 20 units. Therefore. this section will examine rents for these smaller rental buildings. It makes a difference since averalZe rents vary based upon the size ofthe building. Rent in buildim!s with 1 to 19 units have less expensive one-bedroom units (by $87 a month) but more expensive larger units (from $87 to $387 more a month). This could be because so many of Federal Wav' s single-family homes are rentals and single- Revised 2002 2005 V-17 FWCC - Chapter Five, Housing family houses are the most expensive rental type. Rents in buildings with 1 to 19 units average $586 for a one bedroom, $818 for a two bedroom, $1.207 for a three bedroom, and $1.426 for a four bedroom. Affordabilitv of Rental Housine The following table. derived from the 2000 Census State of the Cities data tables, provides some valuable information, but can easily result in erroneous assumptions. For instance, it makes it appear that there are not enough rentals for households over 80 percent of median income. However. the 850 units cited as affordable are just those relativelv few rentals that are expensive enoUlzh to equal 30 percent of these hilZher households' incomes. All the rentals affordable to lower income households are, of course. affordable to these hi!!her income households as well. The Census further infonns us that only about 50 percent of the housing affordable to each income grOUP is actuallv occupied bv that income group, This demonstrates that other income grOUpS are rentine units with rents that either eaual much less or much more than 30 percent of household income. Table V-4 Quantity and Affordability of Federal Way's Rental Housina for Each Income GrouD 79.5 17.4 3353 8450 L1 5085 850 N/A 80.1 23.9 g Source: 2000 Census Note: The vereent overOaVil1fl are the percent ofhouseholds navinfl more than 30% or how¡ehold income on housinfl. Table V -4 also illustrates the need for housing for households earning: 30 percent or less of median income. For instance. by comparing the number of renter households earning: 30 percent or less of median income with the number of rental units affordable to this income group, we find that there is 1,803 fewer affordable housing: units than needed for this income grOUP, This is further il1ustrated in the last column of the table. which shows that almost 80 percent of these households pav more than 30 percent of their income for rent. In addition. a significant portion of the few housing units that are affordable to these very~low income households were built before 1970, implying that fewer are being built more recentlv. Revised ~ 2005 V-18 FWCC - Chapter Five, Housing "<' .:" ".,' .. .. Federal Way's rental housißl!. as with the rental housinll throughout the countY, is Ilenerally affordable to households in the 50 to 60 percent of median income ranlle and above. As Table V -5 shows, it is the households at 40 percent of median income and below that have the most difficultY in findin~ affordable rentals; althoullh. larger . households at 50 percent of median income also lack for affordable rental housißl!. For example. a three-person household earning 30 percent of median income pays $292 more than they can afford for a two-bedroom apartment in Federal Way. The fil.rore also demonstrates why oyercrowdinll may be so prevalent in Federal Way. Low-income households can only afford rentals with three or more bedrooms by doublinll or tripli!!g up with other households. Table V..5 Affordability of Federal Way's 2004 Averal!e Rents . ,'." ..,. '; .. $586 Œ1.1ID '$37... ";, ,$192 $349 $372 .. ". $818 ~ ~ ~ llil $372 $818 ~ íll1.D ~ $234 $418 $1.207 ($624) ~ ($234) IDID $465 $1 .207 !mID ~ íi1QID $55 $502 $1.426 !Will ($460) íIDm $23 $576 $1.426 ($655) ($398) !lli1ì lli§ $613 Source: Dunre + Scott 1-19 Aoartment Renort. Betsv Czark & Associates In conclusion, it appears that the rental market is providinll affordable rentals to households above 50 percent of median and ownership of single-familv housing for households above 80 percent of median, and ownership condominium for those at approximately 50 percent of median. Therefore. all the City's affordable housinll Revised :!@ 2005 V-19 FWCC - Chapter Five, Housing ... ..," programs, CUlTent and proposed, (e.g., density bonuses, inclusionary zoning, impact fee waivers, federal Community Development Block Grant rCDBGl funding, etcJ should target these income grOUPS not otherwise being provided with affordable housing bv the private market. Future Housina Growth I, The purpose of the GMA, is to assist every city in responsibly planning for growth. Growth will occur. We can either scramble to accommodate this growth or'plan for it. Left alone, the housing market will build housing in the easiest and most profitable manner to meet the housin~ demand. Unfortunately, unless guided by good policy, zoning, development regulations, and incentives, this market-driven response usually does not supply the diversity of hoUsing choices and prices that result in a healthy and attractive community. Housine: Tare:ets During their September 25, 2002 meeting, the GMPC adopted a motion to add targets for new hoHseàelàs andjobs fer the perieà 2001 update the targets for new households and jobs for the period, 2001 - 2022, These targets were based on a methodology developed over a two-year period by the King County Plannittg,Directors. The adopted 2001 -= 2022 housing target for:Federal Wayj~6;"188new'tesidential Units. .. .... ',' ,,;.. ..'; , "^"'....-:, The Bamber ofhoasiBg 1:Ïnits al\~.'a-ysexöeeds thenumberofhouseho1ds, and isdependeRt on '¡{loaney fates. . " " ,",'.. The CWPPs suggest tàatFedera1 Wåýplafi for an additiona11,238 units, the equivalent of 20 percent efprøjeeted net household growth, thatare affordable to 'let)' low income - families (less tàèa 50 peraent of median) and 1,052 housing units, the eqwvaleflt of 17 parae"t of proj eeted Bet àoasehøld govAn, that are affordable to low income families (behveen 50 aßà 80 perea"! of median) by the year 2022. Housing is eÐBsiElered affordable when a family is spending not more thaR 30 pereeBt Ðf their monthly Ìfleeme if fØfl:tÎag, and 25 percent if purahasing, or three times their annual income ifp\:1rehasing a home. Fer a three person very low income family iB Feåeml Way (see Table V 1), it met1fls tha-t the monthly rent exaludiBg utilities must be less than $710, or if they are ba-ying a àÐmei; it must cost less than $95,200 at 2000 priaes. The Seattle Everett Real Estate Researeà Rapert reports tàat in the Fall Ðf 200 1, the median rent for a two beåreÐmlÐBe bath apartmeÐ.t was $703 in Federal Way, demonstrating that Federal Way has aff.ørdable reBtal opportunities. However, to build homes that are available for $95,200 weald reqt1Ïre sigaifiaEmt publia subsidies. To ensl:lfe that Be'll àOMsiBg wiits are a positive additioa to the aomm\ffi.ity, the City adopted residential design guidelines Ìfl199& in order to encoumge mere 'fariety iB the tyfIes of units a-¡ailable and more iflfleVtltive and aesthetically pleasing design. Requests fer àelp by Feeleral Way residents for homeless shelters, transitional housing, afld speeial Heeds housing exceed supply. -Revised ~ 2005 V-20 FWCC - Chapter Five, Housing .,;""",," ' ,,', # lli1999, t-he Crisis Clifiie CommWlity llif-ûrmation line reeeived 195 ealls from Federal Way residÐft1:s seekiag emergency shelter afld from 1&& resideats seekiag permafleBt housing. # The Oetooer 19, 1999, United W«j' 81 King GeHRt)' Health «lid Human Services Gemmunity A!Joe5smcnt reperts that ifl 1989, less tBltfl 16 pereeat of people requesting emergeaoy or traRsitisnal shelter ifl Ssuth King CEl1:lnty "'lere able to be sheltered àHe tEl lack of a'.'8:ilable spRee. # The demestie abuse shelter pl'ov:ided 192 Rights of shelter to domestic violence victims, afld Ìl:mulà av:ay In:9B)' mere WOffiefl and ehildreH dlie to laak Bf spaae. # There is a aeed for mere supported liv'Íag units E&f.IartFReatB aali shared single family homes) for the mefttally ill. # In the fall Bf 1999, there were approximately 65 homeless ehildren in the Federal ,\' ay Sehoel Distriot. # There may preseatly be a-need for 96 units of housing for persons with AIDS in so\:ltw.vest King County. ' .. , ., , , , Federal Way ,yom with the KægCo1ißty CoßsertitifFl aad f1eigh.èeriHg eities to impleffiMt effeeti'le housiag goalsead polieies tB meetftitæ:e fl.ø1::lsiagneeds. .A~ &omprehensiv:e stfatøgy:ensNres that safe and suitable hoUsing is available to residents of all iHaorne levels and speeial Heelis, as required by GMA. ' , ';" Ofiliat 6J88-unittarget, per the CWPPs, 20 percent (1.238 units) should be affordable to households at or below 50 percent of median, and 17 percent 0,052 units) should be affordable to households between 50 and 80 percent of median income, Housing Capacity As is described in the Land Use chapter, based 6fl. the most reeent eapaeity eaalysis, there is a remaifliflg Federal Way currentiv has a capacity for 5,538 new residential units, ' including 3,265 detached single-family homes and up to 2,273 multiple-family æHt&-. units. The capacity for 1.415 of those multifamily units is located in mixed-use development zones. Given the 6,188 housing unit target above, Federal Wav, at the time of the target adjustment. had a capacity deficit of 650 housinlI units, The City will increase its capacity in order to eliminate this deficit in a number of wavs. For instance, in order to encourage more residential development. the City will consider a number of changes, including a change to the definition of density for conventional subdivisions. Currently, density is based on minimum lot sizes. The change would base density on grOSS acreage. This should result in relatively more lots than presently allowed. In addition, the City is focusing its policy and development efforts on the City Center and mixed-use zones to ensure that the projected multifamily housing is built in those areas. For instance, it has adopted a ten~vear exemption from property taxes for multi-family development within the City Center, The City is also preparing a Planned Action SErA for the City Center, which would allow environmental review to occur in Revised ;¡Q@ 2005 V-21 FWCC -Chapter Five, Housing . , . advance of development. This is an incentive for developers since it allows development to proceed more quickly. As part of the Planned Action SEPA, the City is considering allowing increased height for structures in the City Center, which would increase potential capacity for new residential dwelling units. Meetina the Need for Housina In addition to ensuring the land capacity to acconunodate the expected growth in households. the City must do what it can to ensure diverse housing opportunities for all income grOUps. AlthoUllh no city can guarantee that the housing built will be affordable to all income grout's. cities can encourage and facilitate housing that is more affordable using factors it does control. such as land use regulations. For instance, the City can ensure that it has an adequate amount of land zoned to facilitate the development of affordable housing opportunities, such as smaller lot sizes, townhouses. cottage housing. cluster housing. accessory dwelling units, duplexes, triplexes, small-scale apartments, senior apartments, and single~room-occupancy housing. Zonine and Development Regulations Jurisdictions place the most sÜmificantcontrols on housing development through land use controls and zoning. Bv a carefuLevahiation and revision ofland use regulations, Federal Wav can sÎlznificantly influence the amount. type; desÜm.and affordability of the housing built in the conununity. Federal Way, like mostÜrban and suburban jurisdictions, ' is alreadv"built out": therefore.' the ;greatestopportunities Jor expanding the tYPes of housing available are ininfill and redevelopment, not new development. In geaocal terms, the primary Thefefore~ The first component of the City's Federal Way's housing strategy is to promote in~fill while protecting the character and quality of its existing single-family residential neighborhoods. New detaehed \-!flits will be eeftstn-J:eted on vaeaßt lets in existißg ßeighborheeds bHt they will be eompatible ¡,-14th the existing homes. Planned Unit Developmeats and For instance, it's possible to increase the number of units in existing single-familv neighborhoods without changing the neighborhood character bv allowing accessory ether Bfleeial <:levolopment teeI:æiEIHfðS dwelling units, duplexes, cottage developments, or low-density multifamily structures. The City already allows cluster housing in single-family zones: however. other techniques such as lot averaging may be added to the FWCC to encourage compatible development on difficult sites and near environmentally sensitive areas. However, hnplementation ofthe City's desil!Il guidelines will ensure that in-fill development will not be permitted at the eJtpense af the quality af life in be compatible with existing neighborhoods, A seoeadary The second component of the housing strategy is to encourage higher density residential uses in the I-5fHighway 99 corridor, including the City Center-Gere and City Center Frame. Row houses, townhouses, condominiums, and mid-rise residential buildings are appropriate in this area sl:1àjeet to these areas given the availability of utilities and other infrastructure, access to public transportation, jobs, shopping, entertainment, and social and human services. This plan anticipates that during the next 20 years, the City Center and the Highway 99 corridor will redevelop and accommodate the majority of the City's new housing units, particularly multiple family Revised 2@ 2QQ2 V-22 FWCC - Chapter Five, Housing RoNsing units, added to the City's inventory. multifamily housing units. The area will gradually become a denser, mixed use, pedestrian friendly, high amenity,high quality; vital part of Federal Way. The third part of the strategy is to ensure that there is sufficient land available for other housing needs such as government assisted housing, manufactured housing, housing for low-income families, and special needs housing. inciudilllz group homes-, and foster care facilities. The Land Use chapter and FWCC provide support for this these type§ of housing. In 2002, the City adopted a eade amendment ta eliæiaate the sepBi'atiafl ~ requiremeflts for sÐeial servieestransitional ha\::lsiag o,yithin multiple family -residential zoaes provided that Be less than œe \:!Hit and no more thafl five pereent ofthe ha\::lsiag 'wit1ùn the mwltiple family eomple]( may be social serviees transitionaIR()\::lsing. , Together, the Land Use aad HoNsing efl.apter£ and the assøeiated de'..elopmeflt reg1:llations provide suffieient eapaeity t-o aeeømmadate projected hawsiag growth for all eeaaomio segmeats of the population. It is importaßt tHat tHe City ilt1plemoot a housingprogmm that will assist priv-ate developers EHid private non profit organiZAt4ons Ìfl meetiag the iåefltified hoasißg needs. Such action is net amy req\::lired by GW.., büt it is also prudent p\Wlio pahey a.Ðd will eÐsW'e a safe EHid sl:lpportive hoHsiag ffiviFoament for fl:lllire generations. A critical issue in providing a sufficient amount of this housin~ is to remove any regulatory barriers to locating: such housiJ?g throughout Federal Way: ' '. Affordable and Special Needs Housine Stràteeies . ,.' .,. ' One waytþ,at Federal Way can encoura~~ ~D.~9iI:lLtleeds anda~fo~dable housing is by .', removing re!ulatorv ban-iers and ensuring an adequate amount oflund zoned to facilitate affordable housing, such as smaller lot sizes. townhouses, cottage housing. cluster housing. accessory dwelling units. duplexes, triplexes, small-scale apartments. senior apartments, single-room-occupancy housinll. and boarding homes. .', . A critical element that makes housing more affordable is cost-conscious development regulations. Subdivision and deve1oDment regulations should be modified to ensure that land is used efficiently: that the regulations reflect current safety heeds. and that they permit and encourage construction of a broad range of housing types. For instance. structural setbacks and street widths could be modified to facilitate small lot developments, cottage housing, cluster housing, and zero-lot line developments. In addition, since the private housing market mostly tanzets those eamin~ middle and upper incomes. the City should consider providing extra incentives or requirements for develoDers to build housing affordable to those with less financial resources. The City already requires rental housing developments of25 units or more to provide affordable housing units, and it also offers an affordable housing density bonus in the City Center. Other \">rograms it could offer include impact fee waivers. parking requirement reductions, and affordable housing requirements in conjunction with transit-oriented development. One incentive program alone is often not enough to encourage developers to participate. For example, a studv bv the Growth Management Planning Council (GMPC). Affordable Housing Incentive ProfIram for King County. suggests that. depending upon economic factors. a density bonus program needs to be combined with other incentives in order to be fiscally feasible. Revised ~ mill! V-23 FWCC - Chapter Five, Housing If the City provides incentives. cost-conscious development regulations, and allows affordable housing: types, the private market is more likely to provide housing affordable to low- and moderate~income households. However, it is impossible for the private housing market to meet the affordable housing needs of very low-income households, which includes many with special needs. For example, a senior or disabled person on Supplemental Security Income has an income of about $570 a month. which is about 13 percent of median income. After food and other essentials, this person does not have much money left to paY for housing. Furthennore, rents that are affordable to this income group cannot cover the basic operating and maintenance cost of the housing. Substantial capital development subsidies, as well as rent subsides, are needed to make new construction affordable to very low-income households. To help meet this need for subsidized housing, Federal Way uses the funds available, such as its federal Community Development Block Grant (CDBG) dollars. to helD fund needed housing and support services. Federal Way also works with the King County Consortium, neighboring cities, local. state. and federal funding sources. and service and housing providers to coordinate funding and to develop and implement effective housing policies and programs to meet future housimz needs. 5.3 KEY HOUSING ISSUES . ftreserving Neighborhood Character, l.l.s the population of the area ifl and around Federal Way doHbled duriRg the 19801'1, residents feared that Preserving existing neighborhood characterand vaI1:les 'Nere threat-ened. ApprmlÍmately 7,000 Be....., multifamily units were Ð1:lilt in Federal \Va-y betweea 1980 and 1990. Many eftRese 1:lfI.its were flet well desigHed and were Rapfiazardly sited across the eHtire City. This resulted in soosftlfltial changes tEl the character Elf neighborhElods, or created ne'N aeighborhoods aleag major arterial streets. Preservation of eJlÍsting neighborhoods has beeR aited as Ì§. an important community value in Fedeml Way. +his 'ffll1:le played Ii large role in the eomffiWlity's decision to meerporate. One of the reasons the community incorporated was to have more control over maintaining the character of its existing single-family neighborhoods. The FWCP recognizes that neighborhoods are special places and are valuable and important to the quality oflife for many citizens. New In particular. new development in established neighborhoods must be sensitively designed and cofls1ruated. New developffleffi ',vithin eJCÎsting single family fleighborhøøds should be limited to small seale, v/ell designed in fill, tmd accessory housing. constructed. Likewise, new multiple-family or mixed use development located along arterials running through or adjacent to existing residential neighborhoods should be designed to minimize adverse impacts and with suffieient buffers. to its surroundin,gs~ Revised ~ 2005 V-24 FWCC - Chapter Five, Housing Development Review There are several aetioRs ilie City may tak-e to make housiRg more affordaàle, Time is money to a housing developer, Thus, whatever the City can do to reduce permit- processing time will make housing more affordable. Aeeordiagly, as As part of the HB 1724 code revisions, which were enacted in 1995, the City revised the FWCC so that more land use decisions are administrative decisions, thereby avoiding time:consuming public hearings. Seeoad, the City The CitY also has in place a preapplication process that allows the developer to meet with City representatives at an early stage in the review process to ensure that the applicant understands City development regulations. Such early meetings allow the City and housing developer to agree on the best method to achieve a code compliant and mutually beneficial site plan prior to ha:viag spent spending: significant sums on costly design and engineering work. A significant portion of the cost of building housing is the cost of providing the necessary infrastructure. If the City is interested in providing housing that is affordable to very low income citizens, it could, to the extent economically practicable, provide the necessary infrastructure, or possibly subsidize the cost of providing public facilities such as streets, parks, utilities, transit facilities, public amenities, and social services. Federal and state grants,inc1uding CDBG fundSárid ether grants are available fer this purpose and should be used where appropriate. ,I 'Citizer; Participation Moderate seale housiag developmeRt that is consisteat with City poliey afld regulations should be re'riewed aRd approved throl:lgh a prescribeå, efficient, and eoasistent admiaistrative process, whieh miRimizes review time and the subsequeHt iRereases in prajeet £lasts. Larger scale development plans, or these '.vhioh will h¡we significant impaets on Housing: Dolicies and development. which results trom these policies, impact the environment of Federal Way residents. Therefore, it is essential that citizens are involved both in developing policies. such as those in the FWCP. and in reviewing proposed housing: developments, To accomplish this the City has different surroundmg neighborhoods, shol:lld have full publie revie\v as deemed in the FWCc. The pooh", afld the developer shol:lld levels of citizen participation processes. The process used depends upon the scale of the development and its potential to impact Federal Way citizens. Both the Dublic and developers should have a clear understanding of the citizen review process, including the types of issues that are open to discussion, and the time frame for completion of the review process. Housing Good Design and Innovation Diversif in The ohalleage in this piaR and &ubseql:leat eede revision work is to be fleKibie when presented with creative and high quality desiga preposals, Of eOl:H"se, this flexibility must . Revised ~ ~ V-25 FWCC - Chapter Five, Housing be balaneecl with the need to pro-;ide Ii degree af eertainty to the developer afld to gi-¡e oleW" gl:lidanee to poliey mak-ers, staff, and public. The fel1ovliag pW"agraphs describe several rep:1latory meehaRisms -.vhieh the Cityeo1:11d iaelude in its zoning eode that would eneourage sliperier desiga, a greater vW"iety of housing types, Md reooee eosts. Ineentivcs Per Gøød Praetieo E; Mafty j1:Kisdiotions inel1:1de ineeatÏ'.'es in their zonÎflg eode that eneoæ--age developers to build prøjeets in a "vay that prod\:lees some identified pHèlie booefits. The pHèlie benefits might ineh:1de ereative designs that W"e sensitive to eoffimuaity and aeighbørhoed -lalues, dedieatiea orland or right of way fer pl:lblio I:Il:1e, and oonstmetion ofml)(!R amenities, eommunity faeilities, aad other public spaees. The Gity of Federal We.y has adopted a density bonHs Jlrovision in the City CaRter, vthereby buildiRg height oaR be iaøreased ff-em 35 feet fa a ma](iffH:lm €If 85 feet, and ÍfOfH 48 te gO dwelling Wlits per aere for ffiI:lltiple family and senior hoHsing, in exchange for providing publie open spaee er payiBg a fee in lie1:1 of. In additioo, new ffiI:lltiple family or mixed 1:1se projeets in any Si3Ðne in-volving 25 wNelling units or more W"e reqüÎ:red to proyide affefàaèle dvlelling units. Projeets ¡wovielæg afforelable dwelliRg l.ißits m!W exeeed the mliJdffil:1fH number of alley¡ed Ehvelling l:Jflits lip to ten pereeflt abeve the maximum. In single family s1:1bdiv4siens, those lots that are preposed to ooffiaiR afferdable dwelling units eaR be red\:l:ead in W"ea by up to 20 pareMt of the miniFft\:lffi let size òfthe l:JflderIyiag zoaiag distriet; pro\'.ided that the overall d-..¡elling units in the sHbdiyisien mliynot exeeed too pereent of themaJdmwn ffi:HReer of units allo-Ned in the 1:1aderlying zoning distriet. Inclusiel'l8.1)' Zoning C Ia eertain 2eBes, deyelopmee.t might be reEtHired ta meet eertain Cit)' goals, su0aas proYiwng afførdable ho1:1sing, liS set out in the FWCC. It is beeoI'aÍag more commonplaee for jurisdietions to require majer developers ta provide a portieR af1ow ineame he1:1siBg in developmeBts over a certain seale. The City amended the F'NCC iB 1997 to reqa-Î:re multiple ftUHily development, or ffiÌJœd 1:1se prejeets involving 25 d',vellÍng units eT more, to previde at least two units, or 25 peft:JÐBt, v:ttiohever is greater, as affordable housing to those at 80 pereent or below median county iBeeffie. . Planned Unit Dc'Þ'clopmcnt E; .\ Platmed UBit Development (PUD) ordinaRee allows developers flexibility to aehieve design, laye1:1t, or deasity thlit is suited to a speaifie site. .^..s an eJCample, a PUD allows elootering of housing density ifi mere developable portions of a site while proteating important opeB sJlaee and environmentally seRsiti-¡e W"eas. ¡.~ PUD ordinance gives the City and the develepmeat eoffiHRinity flexibility to pre-;idea variety ofhousifig types aad eosts in fie"" residential areas or smaller, older, mixed 1:1se neigàÐorhoods. la 1998, the City revised its Cl1:1stør Provisions in the Subdi-l'isioa Code to allow rectuation in minÎffil:lffi. lot sizes and to allow zero lot line de-¡eloJlment for no more than two l:Jflits. ' Transfer 0./ De'..e1epmcnt Rights C 'This teehRiq1:1e allows a developer to transfer pefffiitted density frOfH ene Jlart of a site ta Mother, or from one site to aRother. I-t is a useful technique for protecting parts of sites that are eftviroflffieFltaUy sensitive withom loss of laRd vah,)a. It alsa allows for more doose fenns of housing developmeflt, thereby redueing housing costs. Revised ;¡go:¡ 2005 V-26 FWCC - Chapter Five, Housing Diversifying Housing Choice The majority of tile heusing aviÜlable in Federal Way teday is fairly homogenous. HoNsing primarily consists of single family detaahed anita, eanst1l:leted in the sixties and eighties, laid em in iselated suedi,tisions diseoRReeted from the urban faerie. There are some mobile home parks and a few d1.:1plexes located iB. the City. Ho',vever, ÌR the last six years, 792 aeRier or assisted Rousing units, Eifld 240 aoa-valescent units (slòl1ed eare beds) have beeR built. The rest of the hoNsiHg stock tends te be two Eifld three story apartment buildings. This prevÜles aRly a Harrow range ef ehaiaes and does not fully I'efleet tfte range ef heusing aptians that could be b1:lilt. It ereatøs a situation ¡,yhør~ an inereasiag Hl:H'f1Ðør of families find it diffieult to abtaia suitable heusing in the eaffiffil:H'lÎty. It affects empty Heaters and eo\-.1j3les who have raised their families who, for life style reasons, no longer need er waffi a large siagle familY' house and the associated maiHteflaaae. Young adults, students, Yol:1Hg marrieà eo1:lples, and low iaeame work-ers we1:lld lik~ to live in the coffiffil:1llity '.vhere tRey grew up or e1:lrrel'ltly work, b1:lt eaMot find a house tHat fits their Reusing needs or cannot afford tHe availablehoosing. The City's design. RUidelines will ensure that Federal Way is able to maintain and improve the character and quality ofitsexistin~ residential areas, while at the same time providing more diverse housing choices for its residents. New housing should be more diverse;contrib1:lting diverse ahd desigrtedin ä 'way that contributes to community character and rèlating better to'the relates well to the existinJ:!: neighborhood environment. It should reassure residents that they wil1 be able to afford to live close to their jobs, friends, and families. It The proposed housing diversity will also help preserve and maintain neighborhoods thatinel1:ldeby ensuring that there are housing opportunities for ahealthy mix of ages and incomes. Housing Affordability Affordable and Special Needs Housing On a eowTtr:ride basis, Feàeral 'Va-y is a very affordable community. The poJJ1:l1ation of Federal Wa-y tenàs to be younger than other eomm1:lnities, areating a strong demand fOf moderately prieed hoNsing. There were approximately 9,500 10"" iaeeme hOU6oholds-in 1996 in Federal VI a-y ml'leed of housing assistanee. TRe iRereasiag Hüæer of low ineome houscll:olàs eEifl be attributed in part to a growÍßg ffiimÈJer of seRier eitizens '.vho are likely to need both. housing assistaflee aad related serviees. PSRC also projected a strong demand for affordable multiple family 1:lRits threNg.fl. the year 2000 to serve low and very low iReeme families who werle in Feàerad 'Nay. . The GMA and CV.'PPs require that munieipal jurisdietions adopt skategics for providing a "fair share" of identified regional housing needs. TheC'NPPs set a target of 2,290 nev, afferdable housing 1:1fIits iR the City by the year 2022. Ofthat nl:lmber, 1,238 must be affordable to very 1m" income citizens, Revised 2002 2005 V-27 FWCC -Chapter Five, Housing The need for homeless shelter:s, !ransititmal hoasing, and speeial needs hoasing exceeds the available supply. The City has fl:lBded se'¡eral speeial Reeds projeets ifl the past few years to help address this need. The C\VPPs as '.':ell as GMA Feflair-e provisions for speeial needs housing. 8peeial needs heusing, also ealled "s1:lpportive housing," brings together housing and süppart services fer samffN:m:ity r-esidents '.'.'lia need speeial selTioes in erder te li'¡e indepeRdently ar ',vith miniffil:1ffi assistanee. This iflel1:ldes services in haHsing operated by fmblio and priVi!te ageneies. I~seafåing to the 2000 2003 King Celinty Cen:JeJidatcd luJ1tlsing & Ce1lt1'1iNnit}'ßc~'clepm.ont P-lan, there is a need for an additÜmal 500 beds eounty'.vide. f..ooor-ding to the 2001) oensus,JRe proportiofl af elderly at 7.7 perseR! is smaller in Federal W8:Y thaa in fleighboring 8el:lth CeW1ty cities, eReept [{lr Kent. ,^.'¡erage lif.e expeetaney oontiflues te elimb, and 'Ne sReuM exfJeet an iflereasing percentage ôfFeàeral W8:Y's popwatien will be 65 and ever in the next Ie:> te 2e:> years. ILS disel:lssed earlier in . this shepter under Popull5l1ien, there aTe thfee reasens the H1:1fHàer af elderly oaR be expeeted to inerease: 1) flatl:H"al aging oftRe pepwation; 2)they are Feleeating to fmd afføfdable hel:lsing; and 3) a large nl:lmàer et senior housing wits have been reeently constructed. Beeause wemen tend to liye langerthan men, this population will be predemiRantIy female. Elderly people are oftefi relwctant to give HP thecomfot:t and seeHrity provided by their own homes. With this in mifld, feàer:al and statepeliey has shifted from ORe of providing iflstihltionalired care for sefliers to a more heme based or "aging in plaee" policy. Maay seniors, QJld most efthose over 75, need somele','el efin àeme sernees. As elderly people beeeme morefriiil, their sl:lpportiYe serviøe needs inerease. They may be better served in congregate eare facilities, ør eventually, leng term care faeilities. Federal Way shol:lld begin planning for a cÐHtinHHHl of care that minimizes family stress and public costs. In Rome serv4ees should be available Cit)".vide, ':rhile eengregate care [aGilities and lang term 6Bi'e faeilities sh01:lld be located neBi' 10 eemmunity serviees anè shopping areas, and av/ay Hem ÐI:lSY !raffie colTÎders. . Aeeørdii:1g te the 2QOO 2QQ3 King Cowrty CeNJolid«red Housing &: Cem.,ulinity Dc)lc1opment Plan, ifl 1997, an averttge ef 9,121 adults with em-aRie or se','ere meatal mRess were served by the King County Regieflal 8l:lppart Network. 8afe Iffid aff{)rdable housing, a key eleH'lent in a long tE.lfl. therapy progmm for these people, is not available for a majerity oftRe lo'N ineome mea1ally ill iR King County or Federal Way. There ere no àeffiestie shelters leGated in Federal W8:Y. Hev¡ever, Federal ""ray is cl:HTeatly served by se'leral programs f.ar '/ictima of dem6stie v101enee. The Doffi6stie Abl:lse Women's Network (DAVIN) provides 21 shelter beds, as well as crisis interventien and suppart services. The 80mb. Kiag County Branch of the YWCA also serves Feàer:al Way area residents. There is elearly a large unmet need for emergeney hol:lsing in 80uth KiRg County for '¡ietims of domestie a6\:J:se. King Cel:lßty jurisdictiaas receive HÐl:lsing Opportunities fer Persons with AID8 rental assistance tanding ITem HUD. Federal Way partieipates in the oversight of this program ,,¡ita Seattle aetiflg as the lead aHthority. Aocording to the 2000 2003 King Ceunty Revised ~ 2005 V.28 FWCC - Chapter Five, Housing Cons8lidared HoliSing & Community Development PléHl, ia mid 1998 ia Kiag County, there were ea estimated 2,161 }3ersons li-;iag y¡ith AIDS, -Nhile between (),OOO and 9,000 parseRs -"'ere iRfeeted with HI\'. :'..t the time ef diagnosis, 19 ):Ieroent, Ðf 412 people, diagÐ:osed with AIDS lived outside the City of Seattle. Historioally, ßoHsiag serviaes have beeR Tefll:1ested by 50 pemeRt of the total AIDS population aRd BetHal hol:1sing ooits are reqMired by 33 pereeflt efpe8ple liviag with AIDS. IHhese trends eofltiRHe, 1()3 housing ooits "'.\'Ol:1ld he required ta serve this popl:1latiaa. Several arganiætiaas in S81:1:t11 King Cmmty offer emergeRo)' shelter and transitioRal housißg to residents of the City of Federal \V9?f. BKistiBg data eoRehu:les that OUlTeflt faeilities are iBadeqæte ".<hen ooffil3ared to requests fer help. The SO1:1tÐ. KiRg County Multi Service Ceftter staff estimates that for every family served in their emergency sholterpregi'am, niRe families are mmed away. In aàditiea, the Ootaber 1999 United W8Y Rßp8R states than iB 1998, due ta laek of sJ:'laee in SOHth Kiag County, less thaa 16 perseat of people seeking shelter reeei-¡ed it. There are many r'tJasons that people and families eHd 1:1.1" homeless. IR 1997, data trom saelters OR the Housæg Coßsorti1:lffl (o1:1tside the City of Seattle) revealed that the most sammon r-easoa for hemelessness was domestie violence, followed by aviation and family crisis. Aecording to established serviee }3reyiders, subl:1f'bea aom.elessness is also iRereasing. Data :from the £o1:1th King COl:lfity MHlti Service Ceftter iadisates that the 1"roportioR of women, ehi1dren, and tv/a pareat -.vorking families seeking shelter is growing rapidly iß this eoffiffil:1fiity. If is diffie&lt to estimate the number ofhomelèss shildren there aetHally are in Federal Way, b1:1t the Federal Way Seaool District reports tlm-t ia theirDistriot aloRe, ia the fall of 1999, there wer-e 65 homelessshildren. Federal Way Yauth md Family Services reports that ffiRft)' homeless children come Hem abHsive hemeser sl:lffer !fern emotional Begleet. HomelesSl'J:ess and domestie instability may caHse deep emotieRal sears that impact a child's ability to foeHG his or her fHll atteRtion on education. THere is also a Reed for transitioRal Ho1:1siag f.or homeless iRàivid1:1als and families. State and federalrules restrict the length of stay ia emergency sBelters to 60 days. 80, after maay families have exhausted their time in an emergæey shelter, they Reed assess to laager term traBsitional hol:lsiag, -.yoere they OM live fer OBe ar two years, oètaia fleeessery support services, and stabilize their lives. Data. is searee sa it is very diffisl:llt to estimate the Bl:Ifflber af beds that are Heeded to house tae special needs }3opulation. Hewever, there is \:mmet need ÌfJ. this semca area. Tae City is eommitted to fosteriag progt'&fÐs QÐd SUppertiRg servise providers to assist ia meetiag this need subjest ta eaanomie limitat1oas, City revenues, Md the Beed to balance housißg agaiast all other pHblie Reeds. To be prosperous in the long run, Federal Way must have sufficient housing affordable to its bank tellers. firefighters, teachers, government employees. restaurant workers. sales clerks, and seniors on fixed incomes. Federal Wav's goal is both to preserve existing affordable housilllz and to ensure that there is an adequate amount of special needs housing and housing affordable to its low and moderate-income residents. To this end. Revised 2(@ 2005 V-29 FWCC - Chapter Five, Housing the City will eliminate regulatory barriers to special needs and expand opportunities to develop affordable housing. The City will also facilitate a range of affordable housing types throughout the City by revising its zoning and development codes as necessary. The City will also continue to offer density bonuses and other affordable housing programs to encourage private developers to provide affordable housing. In addition, the City will use its federal CDBG dollars and other resources to help fund the development and operation of special needs and affordable housing. Policy Coordination and Regional Participation The GMA and good pi arming practice require that each chapter of the FWCP be coordinated and consistent with goals and policies set forth in the other chapters. This is especially true of the Housing chapter, particularly as it relates to the Land Use and , Transportation chapters, The GMA also reqæres that City polieies for affordable housing be eoooistæt with . CWPPs. PSRC, King CeUßty, and Federal Wa:y helle jointly adopted regional pllH1fl-ffig goals that estimate fair share housiflg targets, iReluding lev: aNd very law inoeme ReNsing targets tAat premete an equitable distribution ef affordable housing. This type of housing is most 8.f'prepriate in urban centers that eontainjobs and good public transit aeeess. ConsisteH:t with these requirements, the City's Land Use ehftJ3ter proposes multiple family het:lsing and miJ.ed use develepment ia the City Center, (eemprised of the City Center Cere and City Center FräDie), tHe Ceffi:ffil:1nityEusinesszeße along the SR 99 and I 5 eenidor, and to a limited eJdeat itl'tbeneighberheodretail centers. In addition, senior housing is allowed iß the BusinessParlè and Office Park zenes.All of these leeatießs are or will be well served by pHblic transit The City has also detennined that hol:lsing, and in particwæ- multiple family Housing, will be desigAed so that it pro'rides a quality plnee te live and is an asset to the ooffifl'tUßity. In addition, the City is committed te fair housing access te all persOßs without diserifH:Ìßatiefl. This Housing ehapter DiNSt also be coordinated afld eoFlsistentwith the CeNFlty's and the City's ftmding programs fer HeHsing. This is partieularly true for programs SHea as the CDBG, Heme, and other Ceuntywide funding iflitiatives as recommended by the GMPC's Housing Finafl.ee Task Ferae. The City also recognizes that most of the housing issues found in Federal Way are common to the County, Seattle, and the other suburban jurisdictions. In order to ffisæ:e quality in the City's pro'f'isiEIR of housing sen'iees, ensure that it addresses this regional housing need effectively, and to help eliminate duplications of effort, the City should continue to coordinate with the King County Consortium, other relevant CeflsertÍum rel!ional entities. and other South King County cities when desigRiFig and implemeßtißg housing and housing related developing policies and funding housing and housing-related services, . Revised 200:12005 V,30 FWCC - Chapter Five, Housing 5.4 HOUSING CHAPTER GOALS AND POLICIES The following section pravides establishes goals and policies for providing, preserving, and improving housing eoflditions in Federal Way. These goals and policies provide a framework from which to develop implemeRtiRg implementation strategies and work programs for the community. The purpose of these goals and policies is to provide housing opportunities to all segments of the population. Consistent with GMA, these goals and policies should promote a variety of densities~ and housing types, and encourage preservation of the City's existing housing stock. Overall Goal Preserve and protect Federal Way's existing high quality residential neighborhoods and promote a variety of opportunities to meet the housing needs of all residents of the community and region. Preserving Neighborhood Character Goal HGI Policies BPI HP2 IIJ!ðHP2 HP4HP3 Preserve and protect the qualityo/existl11g residential neighborhoods and require new development to be ofascale and design that is compatible with existing neighborhood character. '. High-density housing projects, with the exception of senior housing, will not be pennitted in existing single-family residential neighborhoods. More moderate densities such as cottage housing will be considered. Design guidelines shewà be adapted petentially in süÐarea plans that will speeify iR detail neigkbernood enaraeter and require that Rew Reusing be eonsistent ',v4t-à these design guidelines. Amend development regulations to accommodate a diverse range of housing fonns that are compatible with neighborhood character and create an effective transition between the City Center, business areas, and residential neighborhoods. Continue to allow accessory housing units within single-family neighborhoods that prote!;)t in a wav that protects residential character, ensure proper a!;)!;)ess, maintain maintains specific design standards, and eoFAflly complies with all applicable laws. Review accessory housing regulations and, if necessary. revise any regulation that inappropriately limits their development. Revised 2002 2005 V-31 FWCC - Chapter Five, Housing HPSHP4 HPáHP5 HP+HP6 Maintain a strong code enforcement program to protect residential areas from illegal land use activities. Conduct Subject to funding availability, conduct periodic surveys of housing conditions and ereate fund programs, including housing rehabilitation, to ensure that older neighborhoods are not allowed to deteriorate, subject t'Û availability offW1ding for sHah sl:IfVeys and prøgrams. deteriorate. If allowed by applicable law, development inside and outside the City should be required to provide their fair share of onsite and offsite improvements. Community Involvement Aand Development Review Goal HG2 Policies HP811P7 11¥9 lIP 8 Involve the community in the development of new housing to a degree that is consistent with the scale of impact on the surrounding neighborhoods. , Continue to ~ncourage public input intö development of planning and regulatory documents thiough áfonnalpublicprocess characterized by broad, thorough, and timely public notice of pending action. Consider the economic impact òf all development regulations on the cost of I housing. BJ!t.OHP9 Maximize efficiency in the City's development review process and ensure that unnecessary time delays and expenses are eliminated. Continue to PI!.Tovide streamlined permitting processes for development that is consistent with the FWCP and FWCC, and that has no adverse impacts. HPHHPIO Encourage community input, where appropriate, into the development permit process by providing thorough and timely information to the public. J.IIlH.HPl1 Assist Continue to assist developers with housing proposals at the earliest possible opportunity, including preapplication meetings to produce projects that can be reviewed quickly and maximize their ability to receive permits. Revised ~ 2005 V-32 FWCC - Chapter Five, Housing Good Desian and Diversifying Housing Choice And Design Goal HG3 Policies HJ!.1.J UP 12 HP13 RPH HP14 HP15 HP15 HP16 HP17 Develop a Comprehensive Plan and zoning code that provide flexibility to produce innovative housing solutions, do not burden the cost of housing development and maintenance, and diversify the range of housing types available in the City. The FWCC and Land Use chapter of the FWCP will be coordinated to aHew facilitate locatin@; housing affordable to the lev! income low-income, aaè-very low-income and special needs housing households throughout the City, esveciallv around the City Center and other areas prøv4ding that provide proximity to low wage employment, safe and convenient access to transportation and human services, and adequate infrastructure to support housing development. . Continue to use design euidelines to ensure that new and infill developments I have aesthetic appeal and blend into sUITounding development. Amend development røgHlations to enøot:1fage superior design aad greater diYefsity of Dol:lGiflg types and eosts through sueh teehfliqucs as ineefl.tiT/es, inclusioflary zoning, planned unit d6veløpments, density Ðofluses, and transfer at developmeat rights. ' Establish appropriate minimum densities fòr each zone and encourage new residential development to achieve maximum allowable density based on gross area to ensure that the City can house the anticipated population growth. ' Consider zero lot liRe standards withffi plæ:æcdunit deyelopments to create higher doosity single family neighborhoods with large open spRee areas. Review zoning, subdivision and development regulations to ensure that they further housinJ!: policies and don't create unintended baniers, This is of particular importance for small lot and cottage housing developments. In order to facilitate small lot and cottaJ,1;e housin~ developments, it is particularly important to revise, as necessary, the subdivision and development regulations that govern their development. As appropriate. bonSider redueiag reduce minimum lot sizes to allow construction of smaller, detached single-family houses on smaller lots. Increase capacity and encouraJ,1;e greater diversity of housing types and costs for both infill and new development through various methods, such as ¡Delusionary zoning, density bonuses, transfer of development rights, Revised ~ 2005 V-33 FWCC - Chapter Five, Housing cluster housing, cottal!e housing. I!ardenhousinl!. duplexes. and low to moderate density housinl! tvoes. IIP-t-+ BPI8 Continue to permit mixed~use residential/commercial development in , designated commercial areas throughout the City. Include dl.weløper incÐfltiv0s and design standards. Develop incentive programs to ensure an adequate amount of housing is developed in these areas. HP19 Increase the amount of Wldeveloped open spaces in both infill and new development parcels, by expanding the use of cluster development and allowing- housing- techniques such as lot averal!Îng. and zero lot line standards. IJl!.t.8 BP20 Establish administrative procedures to pennit innovative housing designs and techniques, provided they are of high standard and consistent with the FWCP. BP!9 Contiæ0 to ]'>fØ,¡jde ineefttivøs, such as density boffilses, f{)f providing a portion of affordable høl:1:sing in fle\y developmeflts. HP21 Continue to provide incentives such as density bonuses for multi-family housing, and expand the tvoes of incentives offered to encourage new developments to include affordable housing. BP3O HP22Periodically review and Üpdatedevelopment regulations to inèorporate . opportunities for new housing types, . Housing Affordability Goal HG4 Develop a range of affordable housing opportunities for low-income gHJUJJ9 households consistent with the CWPPs and the needs of the community. Policies IlPUHP23 Promote fair housing access to all persons without discrimination, ~ HP24 As estimated by CWPPs, maintain sufficient land supply and adequate zoning within the City to accommodate 17 percent of the City's projected net household growth for those making 50 to 80 percent of King County's median income and 20 percent making less than 50 percent of median income. ~ HP25 Require a portion of new housing on sites of significant size to be affordable to low-income households, Ensure that affordable housing is ftOt conc0fltfatød in partis1o11ar neighberheeds by setting a percentage limit to the nHmber of affordable housing Hnits that can Be induded in ne"'" housing Revised ¿@ 2005 V.34 FWCC - Chapter Five, Housing HP26 Im14 HP27 HP28 develøpmentB. households at a level not provided otherwise by the private market. Developers should be compensated for providing this affordable housing by increased densitY or other benefits. Revise the CitY's affordable housing densitY bonus program to provide housina at affordability levels not provided otherwise by the private .. market. At a minimum, any affordable rental unitS should be affordable and rented to households below 50 percent of county median income, and ownership units should be affordable and sold to households at or below 80 percent of county median income. Ensure that any new affordable housing r(lmams affordable. required by the CitY remains affordable through some tool approved by the City. such as recording a lien on the property, In the case of homeowners hip projects, the lien can be structured as a deferred second mortgal!e to the homebuyer, due upon sale i[the subsequent buyer does not meet the income elÜ!ibiJity standards. Coordinate all City affordable housing programs so that a developer can use multiple incentives or programs for a single project. Required affordability levels and duration of affordability should be the same for all programs. ~ HP29 Allow and encourage use of manufactured housing in residential zones, provided it confonns to all applicable'federal, state, and local requirements and is compatible with the character of the surrounding neighborhood. IIPU HP30 In order to maintain existing affordable housing, the City should continue to allow manufactured home parks in existing locations. However, new manufactured home parks will not be pennitted, nor will expansion of existing parks be allowed. IIP*1 UP3! Encourage new residential development to achieve maximum allowable density based on gross area. HN8 HP32 ßPV) HP33 Explore federal, state, and local resources to assist in financing affordable rental and ownership housing. Encourage expansion of home ownership options through such means as first time home buyer programs, housing cooperatives, lease-purchase ownership, and other housing models, Consider delaying, deferring, or exempting affordable housing from developl11ent fees, concurrency requirements, payment of impact fees, offsite mitigation, and other development expenses that do not compromise environmental protection or public health, safety, and welfare concerns, or constitute a nuisance. IJl!ð4) HP34 Support tax law amendments that provide reJief to owners of affordable and I special needs housing. Revised 2002 2005 V-J5 FWCC - Chapter Five, Housing HPM HP35 Identify low~income and very low-income housing resources that may be lost due to redevelopment or deteriorating housing conditions. Develop strategies that seek to preserve this existing housing, and that seek to provide relocation assistance to households that are displaced as a result of sueR activities. any redevelopment. IIPY HP36 I Annually monitor residential development to determine the total number of I new and redeveloped units receiving permits and units constructed, housing types, developed densities, and remaining capacity for residential growth for all income levels and needs. HJ!JJ HP37 Integrate and coordinate construction of public infrastructure with private development to minimize housing costs wherever possible or practicable, Special Needs Housing Goal HGS Develop a range of housing opportunities that meet the requirements of people with special housing needs, including the elderly, mentally ill, victims of domestic abuse, and persons with debilitative conditions or injuries. . Policies IIPJ4 HP38 Remeve existing Periodicallv review the FWCC and removeanyregulat~ry barriers to sitffig locating special needs housing to avøid concentration and emergency and transitional housing throughout the City as required by the federal Fair Housing Act, to avoid over-concentration. and to ensure uniform distribution throughout all residential and mixed-use zones, subject to parformanee standards that protect residential amenity, ensure proper access, and maintain desigTl standards. zones. HP39 Modify the FWCC's definition offamilv in order to simplify and clarify the definition and remove any potential barriers to siting housing for protected classes as defined in the federal Fair Housing Act ~ HP40 Review permit applications for special needs housing in close coordination with service providers and the City's Human Services program. IIPMt HP41-Assist special needs housing developers. local service organizations and self-help groups to obtain funding and support. ~ HP42 Ensure that access to special needs housing is provided without discrimination, Revised :!002 2005 V-36 FWCC - Chapter Five, Housing Goal HG6 Develop emergency shelter and transitional housing facilities for the homeless. Policies HP38 Fester and suppert serviees that ere not oonceFltrated iR partieHlar neighborheods by settiFlg a percentage limit te the number øf afferdable høl:lsiFlg l:Ißits that can be inelwded iFl Flew housing de-,<elepments. IIPð9 HP43 Coordinate City actions related to homelessness with the City's Human Services Program and other shelter non-profit housing and human services providers. ' HP<lO Continue to }:Iermit emergeacy and traasitieftal homeless facilities within the City. HP44 Clarify the City's Social Services Transitional Housing (SSTH) definition and regulations and make necessary chanlZes to result in adeQuate opportunities to develop transitional housing in Federal Way. Iß!4l. HP45 . , Emergency shelters and transitional housing should be regulatød to aveid ooncentratioa of [aGilities, mitigate impact eft. surrol-1Rdiftg ases, pennitted and regulated to ensure there are adeQuate opportunities to locate them throughout the City. to avoid over-concentration of facilities, to ensure that such housing is properly managed, and to avoid or mitÜrate significant impacts on existing residential neighborhoods or other surrounding uses. Regional Participation Goal HG8 Coordinate and integrate the City's program with ether area housing programs with ref!ional housing efforts and with local housing and service providers. Policies ßI!42. HP46 Policies and regulations related to affordable housing should be consistent with CWPPs and multi-county policies. ~ HP47 Establish effective links with King County and other area cities to assess need and create housing opportunities for low-income and special needs households, and develop a housing program§ that addresses issues common throughout the entire region. I Revised 2QQ;! 2005 V-37 FWCC - Chapter Five, Housing HP44 HP48 Subject to availability of funds, participate in the production and periodic update of a housing needs assessment for the City and the region ,to ensure that policy is based upon a rational evaluation of housing needs and priorities. ' ßI!4S HP49 ' Ensure equitable and rational distribution of affordable housing throughout the region that is compatible with land use, transportation, and employment locations. ,Implementation efl3eliaies aeHtaiaed ia the chapter will oaaoc over a number of years and is dcpoadeRt oa resouraes available tø the City and tàe aofFli'l'H:lflity. The føllo'.viag implomoat&t:ioa strategy lists aetioflS that the City may take in the future. 1, Deve]ol3 &R iavefltery' ofl3oolie I3roperties no leRger Reeded for use IH'ld v,'fiiah may be available fer afferdable housing. Evall:late use of SNoh property for affordable hol:lsiag against all other competing publie l:lses. 2. Inventory and report oathe estimated number of l:lflits for each inoome segmeflt . for I3I:lTfJ°ses of Countywide monitoriag of eapaoity f()r housia~de'¡elopment. 3. Continue to monitor resideRtial development oa aft anfH:lal basis and deteræiae the total al:lmbør of aø\vaad redeveloped "HitS reaei'/ing pennits, l:lflits eonstruoted, housing twas, c,hnelol3ed deasities, and remairlÎag eapa'oity for resideatial growth based OH iHeome eategories. 4, CoRdl:lat l3eriodie surv:eys of housing 6oaditions to direct the hoNsing rehabilitatioa programs, 5. Develop strategies for proteetiHg low income aftd very low income hoNsiag that may be lost due to redevelol3ment or døteriorating housiag eoHditions. 6. Deo,'elop guidelines, potefJ:tially as subarea phms, that require coHsisteaey '.'lith speeified neighborhood oharaater aTld design rec:¡uirements. 7. .A~ssign a City representative to l3artioipate with other agencies to ere ate a comprehensive housiag program that adàresses issues commOH tflrol:1ghol:lt the entire region, &Rd to seøk and develol3 fl:laàiag opportunities aad strategies, &. Prepare aaà periodieally update a housing needs assessment. 9. The following is a menli of potential develol3ment regulation ameaàmeats that shoulà be eoasidered: Revised :!002 2005 V-38 FWCC - Chapter Five, Housing r Diversify housiRg fofFl'lB aHd enøÐ1:Ifage superior design throl:lgh teelmilll:les s1:1eh as incentives, fJlwmed 1:H1it developmeRts, density bonuses, aRd tFßBsf.er of deyeloflffient rights. ' r Create effective tnmsitiofls bet\yeen the City Center, businesses, and residefltial areas. r Maximize effieieney of developmeflt proøesses. r 8tream-lifle processes for development eÐnsistent with the FWCP aHd FWCC, and enSlife they have no sigFlificant afiverse impacts. r Eflcourage afferàahlet1Bd speeial needs hol:lsiHg &found the, City Center. r f~dÐf't zero lot liHe st9:fldar4s. r Reduce mini1Ðl::J:fR r6sidentialløt sizes. r Establish maxim1:lffi aHd minimam requirements f.or affordable housing OR sites of signifiøafl.t size. r Eliminate barriers to Wflif.ørmly siting special Reeds housing throughout all residential areas. . r Preoludeeoneeatration of1:l.ömelessfaeilities, u 1:\2004 Comprehensive Plan\2004 Update\City Council\Housing Chaper.doc/5/9/2005 1: 14 PM Revised ~ 2005 V-39 MARCH 30, 2005 MEMORANDUM TO THE LAND USE/TRANSPORTATION COMMITTEE Please note that due to its bulk, Exhibit 2 [Housing Chapter Amendments presented to the LUTC] and Exhibit B of 4 [Housing Chapter Amendments presented to the Planning Commission] are not included in the City Council packet, but is available in the City Council Confe-rence Room) CITY OF FEDERAL WAY MEMORANDUM March 30,.2005 To: Jack Dovey, Chair Land UselTransportation Committee (LUTe) David M~r. . Kathy McClung, Director of Community Development Services ~ Margaret H. Clark, AlCP, Senior Planner ~ VIA: FROM: SUBJECf: 2004 Comprehensive Plan Update MEETING DATE: April 18,2005 I. BACKGROUND The 2004 Comprehensive Plan Amendments includes the following three components: 1, Puget Center Partnership Request ~ Request from the Puget Center Partnership to change the comprehensive plan designation and zoning of 4.03 acres located north of South 3 12th Street and east of 1st Avenue South from Professional Office (PO) to Neighborhood Business (BN) (Exhibit 1). 2. Housing Chapter Update - Update of "Chapter 5, Housing," of the Federa/Way Comprehensive Plan (FWCP) (Exhibit 2). 3. Kitts Comer Request - Request from Jon Potter to change the comprehensive plan designation and zoning of approximately 46 acres from Business Park (BP) to Community Business (Be) and Multi-Family (RM 2400) (Exhibit 3). (This request will be presented to the LUTC on May 2,2005, and a staff report will be provided to you approximately one week prior to the meeting.) Attached are the following: 1. Exhibit 4 -March 15,2005, Staff Report to Planning Commission with Exhibits A-F .2. Exhibit 5 - March 23, 2005, Planning Commission Minutes II. PROCEDURAL SUMMARY 2/19/05 Issuance of Detennination of Nonsignificance pursuant to the State Environmental Policy Act (SEPA) Land/Use Trimsportation Committee 2004 Comprehensive Plan Update 3/07/05 End ofSEPA Comment Period 3/21/05 End ofSEPA Appeal Period 3/23/05 Public Hearing before the Planning Conunission 4/18/05 Presentation to LUTGon Puget Center Partnership Request and ChapterS, Housing 5/2/05 Presentation to LUTC on Kitts Comer 5/17/05 City Council Public Meeting 617/05 Second City Council Public Meeting and Adoption of Ordinance III. SITE-SPECIFIC COMPREHENSIVE PLAN CHANGE 1. Background - In September 2003, the City received one site-specific request fora comprehensive plan amendment and rezone. Paul Benton, on behalf of the Puget Center Partnership, submitted a request to amend the comprehensive plan designation and zoning of 4.03 acres located north of South 312th Street and east of 1st Avenue South from Professional Office (PO) to Neighborhood Business (BN) (Exhibit I). . 2; Summary - File Number: Parcel No's: Location: Size: Applicant: Owner: Request: 00-104926-00 UP 082104-9074,082104-9076 & 082104-9167 North of South 312th Street and east of 1 st Avenue South (Exhibit 6) 4.03 acres Paul Benton on behalf ofPuget Center Partnership Same Request to change the comprehensive plan designation and zoning from Professional Office (PO) to Neighborhood Business (BN) Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: Professional Office 'Professional Office (PO) Neighborhood Business Neighborhood BusineSs (BN) 3. Public Comments Received Prior to Planning Commission Public Hearing- a) Telephone call from Della Giesler, the property owner at 140 South 312th. Ms, Giesler was interested in obtaining more infonnation about the request. b) March 2, 2005, email from Greg Fewins, Deputy Director of Conununity Development Services, concerning telephone call from Roddy Nolton (Exhibit" 7). Lam;ilUse Transportation Committee 2004 Comprehensive Plan Update March 30, 2005 Page 2 c) March 4,2005, letter from Robert Roper, President, Mirror Lake Residents' Association (Exhibit 8). . 4, Staff Recommendation - Staff recommends that the Puget Center Partnership request to change the comprehensive plan designation and zoning horn Professional Office (PO) to Neighborhood Business (BN) be granted. . 5. Public Testimony Provided to Planning Commission - During the Planning Commission public hearing, Bob Roper testified on behalf of the Mirror Lake Residents' Association. He stated that the Association had a number of concerns (Exhibit 8), chief of which was the impact on Mirror Lake's water quality. 6. Planning Commission Recommendation on Puget Center Partnership Request - During the Planning Commission hearing, the owner, Paul Benton, submitted a letter (Exhibit 9) to thePlimning Commission which stated that as a condition of receiving the BN comprehensive plan designation and zoning, he would deed restrict the property from being used as a bar, tavern, cocktail lounge, adult bookstore, adult video store, or other adult entertainme~t business, and for the renting, leasing, or selling of any boat, motor vehicle, or trailer. The Planning Commission recommended approval of the comprehensive plan amendment and rezone from Professional Office (PO) to Ne~ghborhood (BN) based on a five to one (5-1) vote on condition that the deed restriction was placed on the property (Exhibit 5). As can be seen fiomthe following table, of the restricted uses proposed by Mr. Benton, only bar, tavern, or cocktail lounge is allowed i~ the BNzone. Use Neighborhood Business ProCessional Office Office use X X Retail (grocery, produce, drugs, personal care, books, liquor, hardware, garden, retail nursery' stock, household goods, furnishings; clothing, X variety, home electronics, sporting goods, works of art) (40,000 sq. ft. max) Bank & relatedfmancial service (40,000 sq. ft. X max) Retail providing laundry, dry cleaning, beauty! X barber, video rental, shoe repair (40,000 sq. ft. max) Private lodge or club (10,000 sq. ft. max) X . Art gallery X Restaurant or tavern (7,500 sq. ft. max.) X Fast food restaurant (5,000 sq. ft.) X Health Club (25,000 sq. ft. max) X Retail providing entertainment, recreational, or X cultural services & activities (25,000 sq. ft. max) Vehicle service station or car wash X Land/Use Transportation Committee 2004 Comprehensive Plan Update March 30, 2005 Page 3 Use Neighborhood Business Professional Office Retail providing vehicle service or repair (within an X enclosed building) School X X Day care facility (except Class II home occupation) X X , Multi-unit (stacked) housing (not on the ground X floor) (18 dulacre) Group home Type 1I'-A2 X Gr~up home Typ~ II-B3 X Social services transitional hous~g," Type As X Social services transitional housing, Type B6 X GovenutÌent facility X X Public transit shelter . X X Public utility X X Public park X X Personal wireless service facility X X Church X 7. Land Uselrransportation Committee Options ~ The Committee has the following options: 1. Recommend that the full Council accept the Planning Conunission's recommendation and adopt an ordinance approving the request by the Pug~t Center Partnership to change the comprehensive plan designation and zoning of 4.03 acres located north of South 312d' Street and east of I It Avenue South from Professional Office (PO) to Neighborh09d Business (BN) based on the recording of a deed restriction. I Group homè type II means housing for juveniles under the jurisdiction of the criminal justice system Such groups include state- licensedgtoup care homes or halfWay homes for juveniles who provide residence in lieu of sentencing or incarceration, halfWay houses providing residence to juveniles needing correction, or for those selected to participate in state-operated work release and pre--release programs. 2 Gro,up homes type II-A: Maximum number of 12 residents including resident staff. 3 Group homes type II-B: Thirteen or more residents including residential staff. Maximum number detennined on a case.by-case basis. .. Social service transitiçmal housing means facilities other than offices and group homes, operated by a nonprofit social service agency, licensed as required by the state; providing temporary and transitional housing to individuals on an as-needed basis including, but not limited to, emergency shelters, homeless shelters,' and otherSuch crisis intervention facilities. This classification includes domestic violence shelters as defined herein, except that such shelters wherein the total number ofresidents does not exceed the maximum numPer allowed under the "family" definition, may be pennitted outright in all residential zones. S Social service transitional housing Type A: Maximum number of residents to be consistent with the maximum number of unrelated adults allowed under the zoning definition of family. ' 6 Social service transitional housing Type B: All social service transitional housing not meeting the definition of "Type A," above. Maximum number detennined on a case-by-case basis. The limitation on the number of residents in social service transitional housing shall not be applied if it prohibits the City from making reasonablè accommodationstò disabled persons in order to afford such person equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f){3)(b). Land/Use Transportation Committee 2004 Comprehensive Plan Update March 30, 2005 Page 4 2 Recommend that the full Council modify the Planning Commission's recommendation and adopt an ordinance approving the request by the Puget Center Partnership to change the comprehensive plan designation and zoning of 4.03 acres located north of South 312th Street and east of 1st Avenue South from Professional Office (PO) to Neighborhood Business (BN) with no conditions. 3. Recommend that the full Council disapprove the request by resolution, retaining the Professional Office (PO) comprehensive plan designation and zoning. IV. PROPOSED AMENDMENTS TO CHAPTER 5, HOUSING 1. 2. Summary of Amendments- In addition to new language, existing sections have been rearranged to improve the functioning of the chapter. The following summarizes only substantive changes: a) Page V-5. The section on Countywide Policies has been moved from page V -3 to page V-5 and revised to more clearly describe the goals of the Countywide Planning Polices relating to the provision of affordable housing, b) Pages V-6 - V-24. 5.2 Federal Way and its Housing - This section has been updated based on different sources such as the 2000 Census, the April 2004 Office of Financial Management Population Estimates, Northw~t Multiple Listing, and Dupre + Scott. c) Page V-21. The Housing Capacity section has been revised to identify ways of increasing capacity to meet the City's housing targets. d) Page V-22 - V-24. Language has been added to describe how zoning and development regulations may be amended to encourage additional market housing, and affordable and special needs housing. e) Proposed changes to policies are summarized in the table on the f<?llowing page. t) Pages V-38 - V39. 5.5 Implementation Actions has been deleted since it is a duplication of some of the policies. ' Planning Commission Recommendation - The Planning Commission recommended approval of the proposed changes to the'Housing Chapter with the following two further amendments proposed by staff during the March 23, 2005, meeting (Exhibit 2): ' a) Replace the wording of the new HP15 as follows; Modify zoning and subdivision regulations to ensure that laRd is used effieiently, that the regulations reflect OllIT:eHt safety Reeds, aRå that they permit and eneelffage construction of Ii broad F8flge of Rousing types. . ' Land/Use Transportation Committee 2004 Comprehensive Plan Update March 30, 2005 Page 5 Review zoning. subdivision. and development regulations to ensure that thev further housing policies and do not create unintended bamers, This is of particular importance for small lot and cottal!e housing developments, In order to facilitate small lot and cottal!e housing developments. it is particularly important to revise. as necessary. the subdivision and development reŒUlations that J!"ovem their development. b) Delete Policy HP21 because it is a duplicate ofHP22. H!2! Cantinue to fJrevide incentives; sHah as åeÐsity bonuses, for providing a portion of affordable hoWling in new e:le','elopment::;, HP22 Continue to provide incentives such as densitY bonuses for multi~family housing. and expand the types of incentives offered to encourage new developments to include affordable housinl!. 3. Land Uselrransportation Committee Options - The Committee has the following options: 1. LRecommend'that the full Council accept the Planning Commission's recommendation and adopt an ordinance approving the amendments to Chapter 5, Housing~ 2. Recommend that the full Council modify, then adopt the Planning Commission's -recommendation by ordinance. Land/Use Transportation Committee 2004 Comprehensive Plan Update - March 30, 2005 Page 6 Increase Diversify Increase Encourage Provide for Address Increase Encourage Improve Delete Housing Housing Affordable Innovative Special Needs CompatibiUty Open Space Mixed-Use Wording Policy Capacity Housing Housing Housing . Between Diverse in Developments in nousing Developments Commercial Areas Amend Amend Amend Amend Amend new BP3 8 Add new BPI3 Add new Amend new lIP 18 New Delete existing existing new HP3 existing BP19 BP5 existing HPI HPI HPI Policy HP2 Add new Add new Add new Add new HP39 New Delete HPI4 HP15 HP21 HPl2 existing HP14. Include language in new lIPl? Amend Add.new Amend Amend new HP41 New Delete newHPI7 HPl? new HP25 HP20 existing . HP15 Add new ' Amend new HP43 -New Delete 'HP26 HP24 . existing HP19. Include language in new'HP 21. Amend Delete existing New Delete new HP27 HP38 & HP40 HP34 existing Add language to HP38 new HP45 to address these Dolicies Add new New Delete HP28 HP35 existing HP40 Amend . I new HP32 I. ' I LandlUse Transportation Committee 2004 Comprehensive P1an Update Marcb 30,2005 Page ? v. COUNCIL ACTION Pursuant to Federal Way City Code (FWCC) Chapter 22, Article IX,"Process VI Review," any amendments to the comprehensive plan, comprehensive plan designations map, or zoning text must be approved by the City Council based on a recommendation from the Planning Commission. Per FWCC Section 22-541, after consideration of the Planning Commission report, and at its discretion holding its own public hearing, the City Council shall by majority vote of its total. membership take the following aètion: 1. 2. 3. 4. Approve the amendments by ordinance; Modify and approve the amendments by ordinance; Disapprove the amendments by resolution; or Refer the amendments back to the Planning Commission for further proceedings. I£this occurs, the City Council shall specifY the time within which the Planning Commission shall report to the City Council on the amendments. LIST OF EXHIBITS Exhibit I Exhibit 2 Exhibit 3 . Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Puget Center Partnership Request for a Comprehensive Plan Amendment and Rezone Proposed Amendments to FWCP Chapter 5, "Housing" Kitts.Corner Request for a Comprehensive Plan Amendment and Rezone March J5, 2005, Staff Report to Planning Conunission with Exhibits A-F March 23, 2005, Planning Commission Minutes Vicinity Map - Puget Center Partnership Site-Specific Request March 2, 2005, Email ftom GregFewins, Deputy Director of Community Development Services, Concerning Telephone Call ftom Roddy Nolton March 4,2005, Letter from Robert Roper, President, Mirror Lake Residents' Association March 23, 2005, Letter from Paul Benton 1:\2004 Comprehensive Plan\2004 Update\LUTC\O4IS0S Staff RepOrt to the LUTc.docl3f301200S 3~51 PM Land/Use Transportation Committee 2004 Comprehensive Plan Update March 30, 2005 Page 8 EXHIBIT 4 ~ CITY OF fIIIti ~ Federal Way EXH 18 IT L PAGE-LOF ,I. MEMORANDUM March 15,2005 To: lohn Caulfield, Chair, City of Federal Way Planning Commission Kathy McClung, Director of Conununity Development Services \1lc- Margaret H, Clark, AICP, Senior Planner ()V.tG. , FROM: SUBJECT: 2004 ,Comprehensive Plan Amendments MEETING DATE: March 23, 2005 . I. BACKGROUND Federal Way adopted its comprehensive plan in 1995 and updated it in December .1998, December 2000, November 2001, March 2003, and July 20,2004. The Growth Management Act (GMA) limits plan updates to no more than once per year, except under the following circumstances: L The initial adoption of a sub~area plan that does not modifY the comprehensive plan policies and designations applicable to the subarea; 2. The adoption or amendment of a shoreline master program. 3. The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a 'county or city budget. Except as otherwise provided above, the governing body shall consider all proposals concurrently so the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation, a county or city may adopt amendments or revisionS to its comprehensive plan that conform to this chapter whenever an emergency exists, or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court. II, 2004 COMPREHENSIVE PL~ AMENDMENTS The 2004 Comprehensive Plan Amendments includes the following three components: 1. Puget Center Partnership Request - Request trom the puget Center Partnership to change the comprehensive plan designation and zoning of 4,03 'acres locateçl north of South 31th Street and east of 1st Avenue South from Professional Office (PO) to Neighborhood Business (BN)' (Exhibit A), ' Planning Conunission Memorandum 2004 Comprehensive Plan Amendments March 15,2005 Page I EXHIBIT. tt PAGE ~OF.-lL , .,' 2. Housing Chapter Update - Update of "Chapter 5, Housing," of the Federal Way Comprehensive Plan (FWCP) (Exhibit B). 3. Kitts Comer Request - Request fr~m Jon Potter to change the comprehensive plan designation and zoning of approximately 46 acres from Business Park (BP) to Community Business (BC) and Multi-Fanùly (RM 2400). The Planning CoQllllission will conduct a public hearing on only the first two items-----Puget'Center Partnership Request and the amendments to the'Housing Chapter. The Planning Conunission has already held a public h~aring on September 19,2001, on the Kitts Comerrequest. However, it is being included in the cunent comprehensive plan amendments since the Council has not yet acted on the request. III. REASON FOR PLANNING COMMISSION ACTION Federal Way City Code (FWCC) Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria for comprehensive plan amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: . 1. To review and evaluate the requests for comprehensive plan amendments; 2. To determine whether the proposed comprehensive plan amendments meets the criteria provided by FWCC Sections 22-529 and 22-530, and 22-488(c); and, 3. To forward a recommendation, to the City Council regarding adoption of the proposed comprehensive plan amendments. IV. PROCEI?URAL SUMMARY 2/19/05 Issuance ofDetennination ofNonsignificance pursuant to the State Environmental Policy Act (SEP A) 3/07/05 End ofSEPA Comment Period 3/21/05 End of SEP A Appeal Period 3/23/05 Public Hearing before the Planning Commission 'V. . SITE-SPECIFIC COMPREHENSIVE PLAN CHANGE In September 2003, the City received one site-specific request for a comprehensive plan amendment and rezone. Paul Benton on behalf of the Puget Center Partnership súbnùtted a request to amend the comprehensive plan designation and zoning of 4.03 acres located north of South ' . 312& Street and east of 1 It A venue South from Professional Office (PO) to Neighborhood Business (BN) (Exhibit A). Planning Commission Memorandum . 2004 Comprehensive Plan AJnendments March 15,2005 Page 2 EXHIBIT q PAGE-LOF~ File Number: Parcel No's: Location: Size: Applican~: Owner: Request: 00-104926-00 UP 082104-9074,082104-9076 & 082104-9167 North of South 31 tit Street and east of 1st Avenue South (Exhibit C) 4.03 acres - Paul Benton on behalf of Puget Center Partnership Same Request to change the comprehensive plan designation and zoning from Professional Office (PO) to Neighborhood Business (BN) Existing - Comprehensive Plan: Existing Zoning: Requested - Comprehensive Plan: Requested Zoning: Professional Office Professional Office (PO) Neighborhood Business NeighboI:hood Business (BN) Public Comments Received: 1. Telephone call from Della Giesler, the property owner at 140 South 31 tit. Ms. Giesler was interested in, obtaining more information. about the request. - 2. E-mail from Roddy Nolton (Exhibit D). 3. Letter from Robert Roper, President,' Mirror Lake Residents f 'Association (Exhibit E). Background The applicant is requesting BN zoning to build either a grocery store or a drug store. Their application states that they have been diligently seeking a potential tenant to use this site as a professional office for the last ten years (Exhibit A. Page 3 of 4), The applicant believes that there is no demand for office use in this area. Moreover, they believe that there- is a change in the residential shopping pattern with a desire to have shopping located within a convenient distance (within one plus mites) ora residence (Exhibit F). .' Comparison of Allowable Land Uses As can be seen .from the following table, many more uses are allowed in the BN zone than in the PO zone. However, the applicant has stated that they would like to develop either a grocery store or drug store on the site. Use - -Neighborhood Business Professional Office Office use X X Retail (grocery~ produce, drUgs, personal. care, books, liquor, hardware, garden, retail nursery stock, household goods, furnishings, clothing, variety, home X electronics, sporting goods, works of art) (40,000 sq, ft. wax) - . Bank & related fmancial service (40,000 sq. ft. max) X Retail providmg laundry, dry cleaning, beauty! barber,. ; X video' rental, shoe repair (40,000 sa. ft. max) Private lodge or club (1O,000 sq. ft. max) X Planning Commission Memorandum 2004 Comprehensìye Plan Amendments March 15,2005 Page 3 EXHIBIT~. .. .., PAGE~OF I.. , Use Neighborltood Business l>rofessional Office Art gallery )Ç Restaurant or tavern (1,500 sq. ft. max.) X Fast food restaurant (5,000 sq, ft,) X Health Club (25,000 sq. ft. max) X Retail providing entertainment, recreational, or X cùltural services & activities (25,000 SQ. ft, max) Vehicle service .station or car wash. X Retail providing vehicle service or repair (within an X enclosed buildins:d S,chool X X Day care fa~ility (excèpt Class II home occupation) X X Multi-unit (stacked) housirig (not on the ground floor) X (18 dulacre) Group home Type nt-A2 X Group home Type II~B3 X Social services transitional housing,4 Type As X Social se~,ices transitional housing, Type g6 , X Government facility X X Public transit shelter X X Public utility X X Public plJtk X X Personal wireless service facility X X Church X I Group home type II means housing for juveniles under the jurisdiction of the criminal justice system. Such groups include state~ licensed group care homes or halfway homes for juveniles who provide residence in lieu of sentencing or incarceration, halfway houses providing residence to juveniles needing correction, or for those selected to participate in state-operated work: release and fre-release programs. . Group homes type 1l~A: Maximum nwnber of 12 residents including resident staff. 3 Group homes type II -B: Thirteen or more residents including residential staff. MaxiIQUtn number determined on a case-by-case basis. 4 Social service transitional housing means facilities other than offices and group homes, operated by a nonprofit social service agency, licensed as required by the state, providing temporary and transitional housing to individuals on an as-needed basis including, but not limited to, emergency shelters, homeless shelters, and other such crisis intervention facilities, This classification includes domestic violence shelters as defined herein, except that such shelters wherein the total number of residents does not exceed the maximum number allowed under the "family" definition., may be pennitted outright in all residential zones. S Social service transitional housing Type A: Maximum number of residents to be consistent with the maximum number of unrelated adults allowed under the zoning definition of family. 6 Social service transitional housing Type B: All social service transitional housing not meeting the definition of "Type A," above. Maximum number detennined on a case-by-case basis, , The limitation on the number of residents in social service tranSitional housing shall not be applied if it prohibits the City trom making reasonable accommodations to disabled persons in order to afford such person equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604{f)(3)(b). . , Planning Commission Memorandum 2004 Comprehensive Plan Amendments , March IS, 2005 Page 4 EXHIBIT ~ PAGE----5-0F 12. Neighborhood CharacterÎSúcs The Puget Center Partnership property is presently vacant. The adjacent use to the. north is a single-family development, Packwood Campus, which was constructed after incorporation of the City in 1990. The adjacent use to the east is also single-family. The use to the south across South 312d1 is a multi-family complex (Greystone Meadows Apartments), and across the streèt to the west are a 7-11 convenience store and Papa 10hn's.Pizza on the earner, with vacant land further to the north. Sensitive Areas The City's Wetland Inventory has identified a small (500-2,500 square feet) unregulated wetland on the southern portion of the site. At the time that adeve1opnient is proposed on the site, any environmentally sensitive areas that may be impacted must be identified and any impacts llÙtigated as part of the project-speeific environm~ntal review process. Drainage These parcels are located within the Mirror Lake Basin, which has been experiencing flooding problems. FWCC Chapter 21,"Surface and Stòrrnwater Management," has adopted the King County Surface Water Design Ma.nual (KCSWDM), the Federal Way Addendum to the KCSWDM, and the King County Stonnwater Pollution Control Manuál.(BMP Manual). In combination, these regulations apply to aU existing development, new development, and redevelopment. Regulated development includes all single-family residential development; projects that add 5,000 square feet or more of new impervious surface; collection and concentration of surface and storrnwater runoff from a drainage area of more than 5,000 square feet; projects which contain or directly discharge to a floodplain, stream, lake, wetland, or closed depression. groundwater discharge area, or other water quality sensitive area; or redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem. Development of this site for any use, whether under PO or BN zoning, will have to meet the requirements of the KCSWDM, the Federal Way Addendum to the KCSWDM, and the BMP Manual. In addition, the property is located within a Level 3 Flow Control Basin, which means that a level 3 downstream analysis is required as described in Section 3.1.2 of the KCSWDM. Water quality for the site must also be met through the use of technologies listed in the resource stream: protection menu, section 6.1.3 of the 1998 KCSWDM. Access The Puget Center Partnership parcel is bordered on the west by I st A venue South and on the south by South 3121h Street Metro Routes 178 (peak-hour) and 901 (all-day) provide service along South 312111, south of the Puget Center Partnership site. Potential Traffic Impacts In general, office use generates more employees but fewer customers per square foot than retail uses. Under the existing PO zoning, a two-story 56,000 square foot office could be constructed on the 4.03-acre site. This would result in 142 peak hour trips. In comparison, a freestanding 30,000 ' square foot grocery store would generate 231 peak hour trips and a combination 15,000 square foot drug store and 15,000 square foot retail store providing laundry, dry cleaning, or beauty! barber services would generate 17O peak trips. When the Puget Center Partnership parcel is developed, traffic mitigation, including specific street improvements, would be assessed. Planning Commission Memorandum 2004 Comprehensive Plan Amendments Mlirch 15,2005 Page 5 EXHIBITJ- PAGE .(., OF 12 Projections for Population and Employment. . The site is presently zoned PO, which does not allow residential development. A change to BN should have no impact on the number of people who could reside on the site if a grocery store or drug store is constructed as stated by the applicant. However the BN zone also allows multifamily, development on upper floors at a density of 18 dwelling units per acre. '. Need for Additional Neighborhood Business Zones . A Market Study prepared for the City in 2000 found that the City has enough capacity designated for different uses to acconunodate the 20-year employment forecast. However, while there is adequate land for employment growth in the aggregate, several districts achieve more than 50 percent buildout. These are Neighborhood Business (BN), City Center Frame (CC-F), Corporate Park (CP-l), and Professional Office (PO). There has been only one medical office developed in the PO zone since incorporation ofthe City in 1990; however, the BN zone has experienced both new development and redevelopment of existing parcels. Examples include Metropolitan Market at Dash Point Road and SW 312111 St!eet and the Hoyt Road Retail at Hoyt Road and SW 3401h Street. Consistency with Comprehensive Plan Goals and Pol~cies The overall vision of the comprehensive plan is to provide an appropriate balance of services, employment, and housing, This comer was designated PO to provide for small-scale office development compatible with adjacent residential neighborhoods; however, the site has not developed in over 10 years. . The request for a BN designation is consistent with the Federal Way Comprehensive Plan (FWCP). Page II-22 of-the FWCPstates that, "Neighborhood Business areas are intended to provide,convenientgoods (e.g., groceries and hardware) and services (e.g., dry cleaners, dentist, bank) at a pedestrian and neighborhood scale close to adjacent residential uses," VI. PROPOSED AMENDMENTS TO CHAPTER 5, HOUSING 1. Housing Chapter Update . The following tasks were completed in order to update Chapter 5, "Housing" of the. FWCP: (a) Data Collection - Existing data sources such as 2000 Census, OffiCe of Financial, Management, Central Puget Sound Real Estate Report, King County Housing Authority, Assessor's records, Dupre + Scott, Multiple Listing Service, King County - Benchmark Program, and adopted housing targets were reviewed. (b) Interviews - hidividuals and agencies representing a broad range of community perspectives on the development and affordability of housing, community development needs, and other resource needs wefe interviewed. (c) Data Analysis'- Information fÌ'om the data analysis and interviews was analyzed to detemùne existing inventory and projected needs. (d) Implementation - Strategies and mechanisms for providing housing were identified. Planning Conunission Memorandum 2004 Comprehensive Plan Amendments March IS, 2005 Page 6 EXHIBIT ~' PAGE , OF ~ 2. Summary of Amendments In addition to new language, existing sections have been rearranged to improve the functioning of the chapter. The following summarizes only substantive changes: (a) Page V-5. The section on Countywide Policies has been moved trom page V -3 to page V -5 and revised to more clearly describe the goals of the Countywide Planning Polices relating to the provision of affordable housing. (b) Pages V-6 - V-U. 5.2 Federal Way and its Housing - This section has been updated based on different sources such as the 2000 Census. the April 2004, Office of Financial Management Population Estimates, Northwest Multiple Listing, and Dupre + Scott. (e) Page V .21, The Housing Capacity section has been revised to identify ways of increasing capacity to meet its housing targets. (d) Page V-22 ~ V-24. Language has been added to describe how zoning and development regulations may be amended to encourage additional market housing, and affordable and special needs housing. (e) Proposed changes to policies are summarized in the table on the following page. (f) Pages V-38 - V39, 5.5 Implementation Actions has been deleted since it is a duplication of some of the policies, VII. COMPLIANCE WITH FWCC SECfIONS 22-529 AND 22-530 1. Section 22-529, Factors to 'be Considered in a Comprehensive Plan Amendment - The City may consider, but is not limited to, the following factors when considering a proposed ' . amendment to the comprehensive plan: (1) The effect upon the physical environment. Amending "Chapter 5, Housing," ofthe FWCr is a non-project action and would havè no effect on the physical environment Development is not proposed in conjunction with the request by Puget Center Partnership for a change in comprehensive plan designation and zoning &omProfessional Office (PO) to Neighborhood Busifless (BN). Any proposed development on the site will be subject to environmental review as required by theSEP A Rules, and will be evaluated in accordance with all plans, policies, rules, and regulations adopted as a basis for the exercise of substantive authority under SEP A to approve, condition, or deny proposed actions. (2) The effect on open space,streams,' and lakes, Amending "Chapter 5, Housing," of the FWCP and th~ Puget Center Partnership request for a comprehensive plan amendment and rezone are non-project actions and would have no effect on open space, streams, and lakes. Planning Commission Memorandum 2004 Comprehensive Plan Amendments March 15, 2005 Page 7 Increase Housing Capacity Amend existing BPI Add new HP14 Amend newHP17 Diversify \ Increase Encourage Provide for Housing Affordable Innovative Special Needs Housing Housing Housing Amend existing HP1 Add new HP1S Amend new HPI7 Amend new HP3 Amend new HP39 Add new HP22 Add new HP40 Modify new HP26 Amend new HP42 Add new HP27 Delete existing HP38 &HP40 Add language to newHP45 to address these policies Amend new HP46 Modify new HP28 Add new HP29 Planning Commission Memorandum 2004 Comprehensive Plan Amendments Address Compatibility Between Diverse I Housine:, . AddnewHPl3 Increase Open Space in Developments Add new HP19 Encourage Mixed- Use Developments in Commercial Areas Amend new HP 18 Improve 1 Deiete Policy Wording New BPS New HP12 I New HP20 New HP23 New HP3S --- New HP36 Delete existing Policy HP2 Delete existing HP14.Include language in new UP1? Delete existing HP15 ~m C»< ~~3: -m ;:¡ 0 .... March 15,200 Page EXHIBIT ~ PAGE --LOF ~ (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. Amending "Chapter 5, Housing," of the FWCP will have no direct effect on development within the City. However, code amendments. adopted in order to implement goals and policies of Chapter 5 may result in development. At the time of any development, the compatibility and impact on adjacent land uses and surrounding neighborhoods will be evaluated. Any development resulting from a (aN designation on the Puget Center Partnership site should be compatible with adjacent land uses, including surrounding single-family uses, since the intent of the BN zone is to provide convenient goods and services at a pedestrian and neighborhood scale close to adjacent residential uses. , . , (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. Amending the Housing Chapter is a non:-project action. Thereforç, any amendments to the chapter would not impact community facilities such as utilities, parks, recreation, and schools. If the Puget'Center site-specific request is granted, specific impacts associated with development will be evaluated at the time that a development pen11it is applièd for, and any potential adverse impacts will be mitigated at that time. (5) The benefit to the neighborhood, city, and region.. . Am~nding the Housing Chapter to provide for a diverse range of housing, including affordable housing, that is compatible with neighborhood character and meets the City's design guidelines, will benefit the. n:eighborhood, City, and region, while also meeting the adopted housing targets. Granting the Puget Center Partnership's request for a BN designation for their s(te may result in the development of a previously vacant site, as either a grocery store or a drug store, thereby providing services for the surrounding neighborhood and contributing to the economic development of the City. (6) Thequantity and location of land planned for the proposed land use type and density , and the demand for such land. Amending the Housing Chapter is a non-project action, which will not in itse.lf affect land uses. Subsequent amendments intended to implement goals and policies of the Housing Chapter may include amendments to the development regulations and comprehensive land use map. The applicant is requesting BN zoning to build eithera grocery store or a drug store. Their application states that they have been diligently seeking a potential tenant to use this site as a professional office for the last ten years (Exhibit A). The applicant believes that there is no demand for office use in this area. Moreover, they believe that there is a change in the residential shopping pattern with a desire to have shopping located \\jthin a convenient distance (within one plus miles) of a residence. In.addition, based on the July 2000 Market Analysis, the BN zOne was anticipated to build out by75 percent over the 2000-2020 period. This was the second highest build out rate for a commercial zone after the City Center Frame. (7) The cutrent and projected popúlation density in the area~ , Amending the Housing Chapter is a non-project action; therefore, this criterion is not applicable. The Puget Center Partnership site is presently zoned PO, which does not allow residential development. A change to BN should have no impact on the number of people who could reside on the site if a grocery store or drug store is constructed as stated by the applicant. However the BN zone also allows multifamily development on upper floors at à density of 18 dwelling units per acre. Planning Conunission Memorandum 2004 Comp~ehensive Plan Amendments March 15, 2005 , Page 9 . EXHIBIT 4. PAGE. ,.~ "' (8) The effect upon other aspects of the comprehensive plan. hnplementation of the goals and policies of the Housing Chapter may result in increased housing capacity which would result in changes to "Chapter 2, Land Use," of the FWCP in a future comprehensive plan amendment cycle. Granting a change in comprehensive plan designation and zoning from PO to BN should not affect other aspects of the comprehensive plan. 2. Section 22-530. Criteriafor Amending the Comprehensive Plan - The City may amend the comprehensive plan only 'if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare. . Amending the Housing Chapter to provide for a diverse range of housing, including afforœble housing, bears a substantial relationship to public health, safety, and welfare because it may result in a more stable environment for families. Designating the Puget Center Partnership site as BN may result in development of the site, which should benefit the sUITounding area. . AND (2) The proposed amendment is in the best interest of the residents of the city, Please see response undel' (l), above. (3) The.proposed amendment is consistent with the requirements of RCW 36. lOA and with the portion of the city's adopted plan not affected by the amendment. RCW Chapter 36.70A.O20(4) of the Growth Management Act, encourages the availability of affordable housing to all, economic segments of the pOpulation of this state, provision of a variety of residential densities and housing types, and preservation of existing housing stoCk Granting a BN ~esignation to the Puget Center Partnership is . consistent With RCW 36.70AO20(5), which states that the economic developments goal is to, "Encourage economic development throughout the state that is consistent with ~opted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and'for disadvantaged persons, promote the retention and expansion of èxisting businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services-~ ånd public facilities." VIII. COMPLIANCE WITH FWCC SECTION 22-488(c) Site-specific requests are required to be evaluated for compliance with this sectlon,7 1) The city may approve the application only if it finds that: 1 This section applies only to site-speCific requests; therefore, it applies only to the Puget Center Partnership request and not the proposed amendments to the Holtsing Chapter. ,Planning Conunission Memorandum 2004 Comprehensive Plari Amendments March 15, 2005 Page 10 EXH.'BIT 4. - PAGE < '~ a, The proposed request is in the best interests of the residents of the city; . Designating the Puget Center Partnership site as BN may r:esult in development of the site, which should benefit the surrounding area. . AND b. The proposed request is appropriate because either: 1. Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning that, under those changed conditions, a change in designation is within the public interest, Land uses in the immediate vicinity of the Puget Center Partnership site have not significantly changed during the last five years. _The adjacent use to the north is a single-family development, Parkwood Campus, which was constructed after incolporati°l! of the City in 1990. The adjacent use to the east is also single-family. The use to the south across South 31th is a multi-family complex (Greystone . Meadows Apartments), and aeross the stieet to the west are a 7-11 convenience store and Papa John's Pizza on the comer, with vacant land further to the north. However, a change in designation may be in the public interest, since the applicant states that they have been diligently seeking a potential tenant to use this site as a professional office for the last ten years and have not received any interest. OR ii.. The change in designation will correct a designation that was inappropriate when established. Not applicable. c. It is consistent with the comprehensive plan; The request for a BN designation by the Puget Center Partnership is consistent with the FWCP.Page IT-22 of the FWCP states that, "Neighborhood Business areas are intended to provide çonvenientgoods (e.g., groceries and hardware) and services (e.g., dry cleaners, dentist, bank) at a pedestrian and neighborhood scale close to adjacent ,residential uses." .. d. It is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan; If the Poget Center Partnership request is approved and these parcels designated as BN, any subsequent development would be required to be consistent with all applicable provisions of this ¡;:hapter (zoning code). AND. e. It is cQnsistent with the public health, safety, and welfare. . Granting the requ~ted change from PO to BN is consistent with the policies in the comprehensive plan and it is also consistent with the public health, safety, and welfare. Planning Commission Memorandum 2004 Comprehensive PIan.Amendnients March IS, 2005 Page II EXHIBIT ~ ' PAGEJA.OF ~ Designating the Puget Center Partnership site as BN may result in development of the site, which should benefit the surrounding area. 2) The city may approve an application for a quasi-judicial project related rezone only if it finds that: a, b. 1ñe criteria in subsection (J) above are met; AND The proposed project complies with this chapter in all respects; AND The site plan of the proposed project is designed to minimize all adverse impacts on the developed properties in the immediate vicinity of the subject property; AND The site plan is designed to minimize impacts upon the public services and utilities, c. d. This is a proposed amendment to the comprehensive plan, it is not a project-related rezone,- and therefore; the criteria under this section do not apply. IX. STAFF RECOMMENDATION Staff recommends that the proposed amendments to FWCP Chapter 5, "Housing" (Exhibit B) and the site-specific request by the Puget Center Partnership to change the comprehensive plan designation and zoning of 4.03 acres located north of South 312111 Street and eàst of I 5t Avenue South fni>m Professional Office (PO) to Neighborhood Business (BN) (Exhibit A) be approved. 'x. PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Comnûssion may take the following actions regarding the proposed comprehensive plan amendment: . 1 Recommend to City Council adoption of the proposed comprehensive plan amendments as proposed; 2. Recommend to City Council that the proposed comprehensive plan amendments not be adopted; -" ' 3. FOlward the proposed comprehensive plan amendments to City Council without a recommendation; or 4. Modify the proposed comprehensive plan amendments and recommend to City , Council adoption of the amendment as modified. LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Puget Center Partnership Request for a Comprehensive Plan Amendment and Rezone Proposed Amendments to FWCP Chapter 5, "Housing" - Vicinity Map - Puget Center Partnership Site-Specific Request E-Mail Comment from Roddy Nolton Comment Letter from Robert Roper on Behalf of the Mirror Lake Residents' Association Letter from Donald Barker, Powell Development Company 1:\2004 Comprehensive Plait\2004 Update\Planning Commission\RCIQrt to Planning Commision.doclO3l16l200S 8:32 AM Planning Comnússion Memorandum 2004 Comprehensive Plan Amendments 'March 15,2005 Page 12 EXHIBIT 5 CITY OF FEDERAL WAY PLANNING COMMISSION EXHIBIT i PMC ~ March 23, 2005 ~.m. City Hall Council Chambers MEETING MINUTES Commissioners present: John Caulfield, Hope Elder, Bill Drake, Dini Duclos, Merle Pfeifer, and Lawson Bronson, Commissioners absent: Dave Osaki (excused). Alternate Commissioners present: Pan Duncan- Pierce. AIteri1ate Commissioners absent: Christine Nelsòn (excused) and Tony Moore (unexcused). Staff present: Senior Planner Margaret Clark, Assistant City Attorney Amy Jo Pearsall, Consultant Betsy Czark, and Administrative Assistant E. Tina Piety. . Chair Caulfield called the meeting to order at 7:00 p.m. ApPROVAL OF MINUfES It wasm/s/c to.adopt the March 2, 2005, minutes as presented. AUDIENCE COMMENT None ADMINISTRATIVE REpORT Ms. Piety infonned the Commission that the Annual Volunteer Dinner is scheduled for April 22, 2005. This year the City will be hosting a mystery dinner put on by the company that does the Murder Mystery Dinners on the DiIll1er Train. It should be a lot of fun and she hopes all the Commissioners will be able to attend. COMMISSION BUSINESS PUBLIC HEARING - 2004 Comprehensive Plan Amendment , The Commission first discussed the Site-Specific Request. Ms" Clark delivered the staff presentation; She stated that the proposed amendment includes the Kitts Comer Site-Specific Request that the Commission has ,already reviewed and therefore, is not part of this Public Hearing, The Site-Specific Request that is the subject of this Public Hearing is Puget Center Partnership's application to amend the comprehensive plan designation and zoning of 4.03 acres located north of South 312t1t Sueet and east of 1 st Avenue South fÌ"Om Professional Office (PO) to Neighborhood Business (BN). The Commission had no questiòns for staff and the Public Testimony was opened. Don Barker - He is with Powell Development and is the developer for this project. He commented that as Ms. Clark explained, any development would require mitigation. HI:: has worked on another project in the City and knows to expect strict requirements. He feels the project will enhance the water quality of the area and will help control flooding. He believes the K:\Planning Commissionl200SlMeeûng Summary OJ,23-oS.dQ<: Planning Conunission Minutes BGffBff 5 . . PAGE '2. OF ,3, 20°; City will require them to construct curb, gutter, and sidewalk, which will enhance pedestrian activity in the neighborhood. He envisions this to be a neighborhood shopping center; a place people can go to meet their neighbors fora cup of coffee. He stated they can give it an aesthetic connection to the neighborhood. . Page 2 Paul Benton - He represents the owner of the shopping center. He read a letter into the record. In the letter, he states that he believes, "... that water quality and flooding issues will be adequately addressed through current City rules and regulations." In addition, the letter states they are willing to, ".. . deed restrict the property from being used as a bar, tavern, cocktail lounge, adult bookstore, adult video store, or other adult entertainment business and for the renting, leasing, or selling of any boat, motor vehicle, or trailer." Robert Burton - He is an Associate Broker and has been in the real estate business for 38 years. , In addition, he teaches corporate real estate at a local college. He has researched'retail uses in Federal Way. He commented that a small shopping center draws from within one mile. He feels this neighborhood would be better served by a small shopping center. He stated that the last three grocery stores in Federal Way have gone into neighborhoods. Bob Roper - He is the President of the Mirror Lake Resident's Association, He commented that BN is more intense than PO. He feels we have enough BN in the City. He doesn't agree with the water quality standards used by the City. He feels the City should be using standards that deal more with phosphates. In a recent Mirror Lake Resident's Association meeting, there was no support for this rezone. '. Don Barker - In response to a question &0111 a Commissioner, he stated that they are talking to retailers, but no one has signed on as yet. Bob Roper - His Comments are in regard to the discussion the Commission had regarding water quality. He stated that the City uses the King County Surface Water Design Manual, which has two menus for pollution in lakes and streams. One menu deals mostly with zinc and the other mostly with phosphates. While there is not a cUITent problem, Mirror Lake has the potential for a serious problem with phosphates. ' . There was nofurthà public testimony on this issue. Ms. Czark delivered the staff presentation on the update to the Federal Way Comprehensive Plan (FWCP) Housing chapter, There is no major vision change. Staff has rearranged and condensed information, In addition, language was added regardmg possible methods to increase capacity, affordable housing, and housing choice. Finally, two new sections were added on hOusehold size and housing cost and affordability. Ms. Ozark commented that Federal Way has the largest household size in South King County and close to the highest median household income, but still has a large number ofIow income households. She went over the policy changes and noted that HP22 should be deleted because HP21 says the same thing. In addition, a heading, "Emergency and Transitional Housing," was added to HG6 because there was no heading previously. There was no public testimony on the Housing Chapter. Commissioner Duclos expressed her concern with the transitional housing requirements and how she feels those requirements discriminate against people in need of transitional housing by signaling them out for special requirements. The entire Commission agreed that sometime in the future they would like to review the requirements for transitional housing. K:lPlanning Con.nÎssion\200SlMOetÎng Swnnary 03.23-1JS,doc Planning Connnission Minutes Page 3 ~ L~23.2005 , It was m/s/c to recommend to the City Council adoption of the proposed comprehensive plan amendments as drafted in the staff report, with the modification that Puget Sound Partnership's proposed deed restrictions be put into place. .. ADDITIONAL BUSINESS Ms. Clark infonned the Commission that the next meeting will be April20lh, at which time there will be a public hearing on signs along Interstate-S, AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 8:21 p.m. . K:\PIannin¡ CollmÙsion\200~ SUlmlaly 03-23-O$.do<: MEETING DATE: June 7, 2005 ITEM# ;:¡z- (L) CITY OF FEDERAL WAY City Council AGENDA BILL ,..".~!!~~,ç;.!.:......~~-g!!.~!~~....!.~!~....~!,!:,!,~,~-~~-~,ry,...r..!.~.!t.!!!~...~,~,~,...~4=!9"~~,~.?::9.9:~!!"~........................".....................................m""""""""""""""""""""""""""................mm CATEGORY: BUDGET IMPACT: IZJ IZJ 0 CONSENT RESOLUTION CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt,: Contingency Req'd: $ $ $ '-"-'~-____m"_""""""""""'-"-----~-' ""..,..~_.._....,......._".."..__..,....._,...._....._......_.... "~"-"""""""""""""""""'-----------"~""""""-""-"-""""""'-"...-",--- ATTACHMENTS: 1) May 9, 2005 Memorandum trom Janet Shull, Contract Planner to City Council Land Use and Transportation Committee (LUTC), with attachments including April 27, 2005 Hearing Examiner Report and Recommendation, and original draft preliminary plat approval resolution that went to the LUTC (Exhibit E). A revised draft LUTC resolution allowing for the applicant's proposed clearing and grading limits is also attached (Exhibit F). "........,....... """""'--"____m--___--'""_,,,, ,................,.... ..._--_.._~........,..................-- ---"".... ,.. """""""""".....--__.._--m_" """"""""""""',..............__mm--___--_m___.."_-""'-""""""""""""", ,..... ",.... --_m_____..-"-"-"" """""""""""""",........................."m_..---__m ---------_...._---~...,,- ,.. SUMMARY /BACKGROUND: The applicant requests approval of a 34-lot residential subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," subject to City Council approval. '-""""""--~m___'_"""""""""""'---"'-""----' """""----"-"--'-"-"-""'---------"-"---"~--'---' CITY COUNCIL COMMITTEE RECOMMENDATION: On May 16,2005, the LUTC passed a recommendation for conditional approval of the Saghalie Firs preliminary plat application to the full City Council. The LUTC also recommended allowing clearing and grading as proposed by the applicant. A revised City Council LUTC resolution (Exhibit F) provides findings to support the proposed clearing and grading limits. ""'-'-""-""------"---"---"""""""-"~"""""""""""""--"""--..-............-------------'---,.............. PROPOSED MOTION: "\ move approval of the LUTC recommended resolution, approving the Saghalie Firs preliminary plat, and modifYing fmdings in the _Report and Recommendation by the Federal Way Hearing Examiner related to clearing and grading." "'--""""-"""""""-"--~""---"'-""""""""" ~~~~~~E~~B==- '_m"""""""""""""""""""""""-,,,,-- COUNCIL ACTION: 0 0 0 0 APPROVED DENIED T ABLEDIDEFERREDINO ACTION MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST READING ENACTMENT READING ORDINANCE # RESOLUTION # -"c-~~-"..._,_..,--,_..,,_..~--. """-"'_"'---_"_~-"'-"'-"""'-""-"-"..c-"-""-,,,, "'" '.-,;c,o-"-"",,-."-,--,"."',,,, ~ CfTYOf tI' . . b.... .p Federal Way May 9, 2005 Jack Dovey, Chair Land Useffransportation Committee (LUTe) David M~anager Janet Shull, AICP, Contract Plann~ SAGHAUE FlRS PRELIMINARY PLAT Application Number 04-1 03295-00-S0 MEETfNG DATE: May 16, 2005 To: VIA: FROM: SUBJEcr: L STAFF RECOMMENDATION Staff recommends the Land Useffransportation Committee forward to the City Council a recommendation approving the Saghalie Firs preliminary plat with conditions, based on the findings and conclusions in the April 27, 2005, Report and Recommendations by the Federal Way Hearing Examiner, II. SUMMARY OF ApPLICATION The applicant requests approval of a 34~lot residential subdivision, as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions", subject to City Council approvaL Following the preliminary plat hearing, the Hearing Examiner recommended conditional preliminary plat approval. At the public hearing, the applicant requested approval to clear and grade the entire site with the exception of two small areas, representing approximately six building lots, where existing vegetation would be retained until such time as these individual lots would be developed. In the April 27, 2005 Report and Recommendations, the Hearing Examiner recommended upholding the staff recommendation that would allow for some clearing and grading beyond that necessary for roadway and utility construction, but not as extensive a clearing and grading area as requested by the applicant The staff recommendation would retain vegetation on approximately 17 building lots until such time as these individual lots were developed. At the public hearing, the applicant also presented testimony regarding a proposed roadway modification request for SW 34151 Street that was denied by the City's Public Works Department, In the Apri127, 2005 Report and Recommendations, the Hearing Examiner also recommended upholding the Public Works Department's denial of the applicant's roadway modification request ffi. IV. v. REASON FOR COUNCll.. ACTION Pursuant to FWCC Chapter 20, "Subdivisions", the City Council issues a final decision at a public meeting, after review of the Hearing Examiner's recommendation. Consistent with City procedures, preliminary plat applications are brought to the Land Useffransportation Committee for review and recommendation prior to review by the full Council. HEARING EXAMINER'S RECOMMENDATION On April 27, 2005, the Federal Way Hearing Examiner issued a Report and Recommendation (Exhibit A) to approve the proposed preliminary plat. The Hearing Examiner's recommendation includes all conditions recommended by staff and further does not recommend support of the applicant's request for additional clearing grading, nor does it recommend support of the applicant's request for a roadway modification to SW 34151 Street, The Examiner's recommendation was issued following consideration of the following: staff report (Exhibit B); and testimony presented at the April 5, 2005 publìc hearing (Exhibit C), Subsequent to the publìc hearing, the record was left open for two weeks. During this time, two memos were submitted from staff providing additional background information and analysis regarding site clearing and grading and the roadway modification request for SW 34151 Street (Exhibit D), The Hearing Examiner's recommendation is subject to the following conditions of preliminary plat approval: l. Final plat approval shall require full compliance with drainage provisions set forth in the FWCc. Final review of the storm drainage engineering plans will occur in conjunction with full engineering review. 2. Due to the existing site soil conditions, a seasonal clearing restriction from October 1 to April 30 shall be required, 3. Clearing limits for the construction of the plat improvements (roads, ponds, and utilities and approximately 17 of the proposed lots) shall be generally consistent with the clearing limits depicted on the modified Proposed Clear and Grade Alternative Site Plan (Exhibit "16"). The clearing limits identified on the plan sheet referenced above are the approximate clearing limits necessary for road, utility, pond, and necessary lot grading due to topographic conditions that would provide for the functioning of the proposed on-site storm drainage wetponds and alleviate large areas of on-site flooding. The clearing and grading lìniits on the approved plan may be modified with the approval of the Community Development and Public Works Departments during fmal engineering plan review as required to reflect changes in road and utilìty designs, if any. PROCEDURAL SUMMARY August 19,2004 Date of application for 34-lot Saghalie Firs preliminary plat September 9, 2004 Date application determined complete . September 18,2004 Date of Notice of Application Land Use ffransportation Committee Saghalie Fir-s pfelinúnary Plat File No. 04-1 03295-00-SU I Doc. ID 31561 Page 2 February 5, 2005 Environmental determination issued AprilS, 2005 Hearing Examiner Public Hearing (Pursuant to FWCC Section 22-126, the Hearing Examiner issues a recommendariortto the City Council.) April 27, 2005 Hearing Examiner issued recommendation of conditional approval of preliminary plat to the City Council. May 16, 2005 City Council Land Use/fransportation Committee meeting (This committee forwards a recommendation to the full Council for a decision at a public meeting [see Section Vll below].) VI. DECISIONAL CRITERIA Pursuant to FWCC Section 20-127, the scope of the City Council review is limited to the record of the Hearing Examiner public hearing; oral comments received at the public meeting (provided these do not raise new issues or information not contained in the Examiner's record); and the Examiner's report, These materials shall be reviewed for compliance with decisional criteria set forth in FWCC Section 20-126(c), as noted below: 1. Consistency with the Federal Way Comprehensive Plan; 2, Consistency with all applicable provìsions of the FWCC, including those adopted by reference nom the comprehensive plan; 3. Consistency with the public health, safety, and welfare; 4. Consistency with the design criteria listed in Section 20-2; and 5. Consistency with the development standards listed in Sections 20-151 through IS 7, and 20- 178 through 20-187, Findings and conclusions that the application is consistent with these decisional criteria are set forth in the Hearing Examiner's report and recommendation. VII. COUNCIL ACTION The Federal Way City Council's review of the application is limited to the record ofthe hearing before the Hearing Examiner, oral comments received during the Public Meeting (so long as those comments do not raise new issues or infonnation contained in the Examiner's record), and the Examiner's written report, The City Council may receive new infonnation not in the record pursuant to FWCC Section 20-127(b)(i) or (ii), The draft resolution approving the proposed preliminary plat as recommended by the Hearing Examiner is attached (Exhibit E). After consideration of the record, the City Council may, by action approved by a majorityofthe total membership, take one of the following actions, pursuant to FWCC Section 20-127: Land Use ffransportation Committee SaghalieFiTs PTeliminary Plat File No. 04-1 03295-00-SU / Doc_J.D- 31561 Page 3 VIll. EXHIBITS A. B. C. 0, E, 1. Adopt the recommendation; 2, Reject the recommendation; 3, Remand the preliminary plat back to the Hearing Examiner, pursuant to FWCC Section 20- I 27(b); or 4, Adopt their own recommendations and require or approve a minor modification to the preliminary plat, pursuant to FWCC Section 20-127(d). PROPOSED MOTION I move that the Land Useffransportation Committee forward to the City Council, and plaae on the June 7, 2005 City Council consent agenda, a recommendation approving the Saghalie Firs Preliminary Plat Resolution, Hearing ExarIÚner Report and Recommendation, April 27, 2005 Staff Report to the Hearing Examiner Written testimony presented at the public hearing Memos submitted following Hearing Examiner Public Hearing City Council Draft Resolution for the Saghalie Firs PrelirIÚnary Plat Approval Land Use rrransportation Committee 5aghalie Fif"$ Preliminary Plat File No- 04-1 03295-oo-5U / Doc-I.D- 31561 Page 4 RESOLUTION NO. DRAfT b(f(DS-.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF SAGHALIE FIRS, FEDERAL WAY FILE NO. 04-103295-000-00-SU, WHEREAS, owner Kevin O'Brien applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Saghalie Firs, consisting of 9.57 acres, into thirty- four (34) single-family residential lots at SW 341 st Street located east of 21 st Avenue SW; and WHEREAS, on February 5, 2005, an Environmental Mitigated Determination of Nonsignificance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental PolÙ.y Act (SEP A); RCW 43.21 C; and WHEREAS, the Federal Way Land Use Hearing Examiner on April 5, 2005, held a public hearing concerning the Saghalie Firs preliminary plat; and WHEREAS, following the conclusion of said hearing, on April 27, 2005, the Federal Way Land Use Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of the Saghalie Firs preliminary plat subject to conditions set forth therein; and WHEREAS, the Federal Way City Council bas jurisdiction and authority pursuant to Section 20- 127 oftbe Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, on May 16,2005, the City Council Land UsefTransportation Committee considered the record and the Hearing Examiner recommendation on the Saghalie Firs preliminary plat, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward a recommendation for approval of the proposed Saghalie Firs preliminary plat to the full City Council, except the Land UsefTransportation Committee recommended to eliminate Findings number eight and nine and Condition number three of the Hearing Examiner recommendation; and WHEREAS, on May 16, 2005, the City Council Land UsefTransportation Committee recommended to the City Council to allow clearing and grading of the site as proposed by the applicant in the "Proposed Clear and Grade Alternative to Control Drainage" (dated received February 3, 2005); and WHEREAS, on June 7, 2005, the City Council considered the record and the Hearing Examiner recommendation on the Saghalie Firs preliminary plat, and the recommendation of the Land Res. # , Page I UsefTransportation Committee pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Land Use Hearing Examiner's April 27, 2005, Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council, except for findings number eight and nine, and condition number three are not adopted. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2, The Federal Way City Council hereby eliminates findings number eight and nine, and condition number three of the April 27, 2005, Hearing Examiner Report and Recommendation, and finds clearing and grading of the site as proposed by the applicant at the time of plat infrastructure will promote efficient construction of the site, and eliminate the risk of on-site stonnwater ponding. Furthennore, consideration of suITounding zoning and uses, and the lack of ability for long term preservation of significant trees on the site, make the site conducive to extensive clearing and grading at the time of plat infrastructure construction. 3. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, and the establishment of a City Council finding allowing clearing and grading of the site as proposed by the applicant, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 4. The public use and interest will be served by the preliminary plat approval granted herein, Section 2. Application Approval. Based upon the recommendation of the Federal Way Land Use Hearing Examiner and findings and conclusions contained therein as adopted and revised by the City Council immediately above, the Saghalie Firs preliminary plat Federal Way 04-103295-000-00-SU, is hereby approved subject to conditions as contained in the April 27, 2005, Report and Recommendation of the Federal Way Land Use Hearing Examiner (Exhibit A) as modified by findings and conclusions adopted in Section 1 above. Res. # , Page 2 Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void and the preliminary plat shall be remanded to the City of Federal Hearing Examiner to review the impacts of the invalidation of any condition or conditions, and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare, and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4, Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affinned. Section 6, Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City CounciL OF RESOL VED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS _DAY ,2005, CITY OF FEDERAL WAY MA YOR, DEAN MCCOLGAN ATIEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED As To FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED By THE CITY COUNCIL: Resolution No. Res. # , Page 3 Page - 2 i :':_:'~~----~~~--"-'_n ¡ i,c, " -, ,"--'-"'--'~"'.---""------' ,: I ,;~.¡:_--~:'~,-----~-!_--,----" -;-.'-,'~- }' , ' ¡ i,'.,;-",-,: ,i ). i "~I APR ! ; I ,!>' 'I 2 8 2005 ! ..:::J ! CITY OF FEDERAL WAY i '-----::----':_,~-:-':---.J ! OFFICE OF THE HEARING EXAMIN~;:----:~_.~.~---~.-,,~i___J'~,--~------_J ) ) ) ) ..J IN THE MATTER OF: FWHE# 05-05 FW# 04-1 03295-00-SU SAGHALIE FIRS PRELIMINARY PLAT I. SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval to allow a 34 lot residential subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions", and requiring approval pursuant to FWCC Section 20-110, II. PROCEDURAL INFORMATION Hearing Date: Decision Date: April 5, 2006 April27,2005 At the hearing the following presented testimony and evidence: 1, 2. 3, 4. 5, 6, Janet Shull, Contract Planner, City of Federal Way Craig Sears, applicant, 15 Lake Bellevue, Ste, 102, Bellevue, WA 98005 Jeff Schramm, 16625 Redmond Way, Ste. M-323, Redmond, WA 98052 Matt Weber, AHBL, 2215 N. 30th St., Ste. 300, Tacoma, WA 98403 Ken Miller, Deputy Public Works Director, City of Federal Way Greg Fewins, Senior Planner, City of Federal Way At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1, 2. 3, Staff Report with all attachments Power Point Presentation Letter from Matt Weber to ßary R~(City of Federal Way) dated August 18, 2004 Memorandum to City of Federal Way Hearing Examiner from Ken Miller, Deputy Director of Public Works, dated April 19, 2005 Memorandum to City of Federal Way Hearing Examiner from Janet Shull ," -:'C:':;::t"',::f-' 4. 5, EXHIBIT " A PAGE-L-OF \ \ 6. Page - 3 dated April 18, 2005 III. FINDINGS 1, The Hearing Examiner has heard testimony, admitted documentary evidence into the record, viewed the site, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" with attachments and hereby incorporated in its entirety by this reference. 3, All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in a generally rectangular, 9,57 acre parcel of unimproved property located southwest of the present terminus of 191h Avenue SWand east of 21 sl Avenue SW within the City of Federal Way. The applicant requests preliminary plat approval to allow subdivision of the site into 34 single family residential lots with a minimum lot size of 7,200 square feet, a maximum lot size of 7,545 square feet, and an average lot size of 7,261 square feet. 5. The site plan shows access provided from the north via an extension of 19th Avenue SW along the north property line and a second access provided via a 60 foot wide strip of property extending east from 21st Avenue SW to the western property line of the site. This future road, known as SW 341 sf Street, will extend through the center of the plat to connect with 19th Avenue SW. Such will create a pass through route through the plat commencing at the intersection of 19th Avenue and SW 336th St. and terminating at the future intersection of 341s' St. and 2P' Avenue. However, the applicant desires to construct SW 341s' St. to emergency vehicle access (EVA) standards from the eastern plat boundary to 21s' Avenue to prohibit the above described pass through route, The applicant believes that such route will serve as a "cut-through" and allow drivers to avoid the congested intersection of 336th St. and 21st Avenue. The applicant submitted a request for modification to allow construction of 341s1 Street to EVA standards to the City Public Works Director pursuant to Section --22.,,1477 of the . Federal Way City Code (FWCC)whichauthgrizes theDirectorto modify, defer, or waive requirements for roadway improvements (Exhibit "3"). The basis for the modification included the lack of alignment with the intersection E:XHIB(ä A PAGE 2- 'OF.. 1 \'~ Page - 4 of SW 342nd St. and 21st Avenue as the applicant could not acquire right-of-way from the Washington State Department of Transportation (through the park-and- ride lot) to allow said alignment. The separation of the 3415t/342nd intersections and the existing bus turn into the park-and-ride lot will measure approximately 115 feet, less than the intersection spacing requirements requîred by the FWCC. The separation from the future SW 34151 Street and SW 34200 Street would measure approximately 90 feet centerline to centerline, The applicant also refers to a letter from the Federal Way School District dated January 13, 2005, (Exhibit "19") wherein the District supported the EVA road due to concerns about the increase of traffic that the pass through route would cause on 19th Avenue SW in front of Saghalie Middle School. The District agreed with the applicant that drivers would have the opportunity to bypass the 336th Street/21 5t Avenue intersection, and that such increased traffic would detrimentally impact the safety of students/pedestrians crossing 19th Avenue SW to walk to the school and City park, However, the letter also indicates that should the City require construction of a full service road, it should consider traffic calming measures and conversion of the existing crosswalk on 19th Avenue S, to a raised crosswalk, The City responded to the District's concerns by requiring through the SErA process traffic calming devices on both 19th Avenue and SW 34 f¡t Street to slow traffic in front of the school and to make the alternative route less desirable. Such would reduce the number of vehicles using the "cut through". In addition, failure to provide a full access to the west to 21$t Avenue would violate several FWCC requirements to include Section 20-151 which encourages subdivision design to distribute traffic to collector street systems "to avoid intrusion or overburden of residential streets", 19th Avenue presently provides access to intense - commercial uses to include Fred Meyer, and adding traffic from 34 lots would "overburden" said street. Furthermore, Section 20,.,151(c) FWCC prohibits cul- de-sac streets longer than 600 feet. If SW 341 $I is not connected, 19th will become a cul-de-sac more than 1,000 feet in length. Section 22-151 (d) FWCC limits block perimeters to 2,640 feet for streets, and failure to connect 341 $1 Street would exceed said standards, While the applicant's traffic engineer asserts that the bypass would accommödate several thousand cars per day to include "a couple of hundred cars" per hour during the peak period, he did not perform a detailed-analysis. He also determined that the road would accommodate the anticipated volumes. but that the volumes would create safety concerns, The City staff does not agree with the applicant's traffic engineer regarding the number of vehicles using the bypass, Staff points to a similar -situationon8th-Avenue SW between SW35ôthStreet and SW Campus Drive. Traffic counts show a volume of 1 ,139 vehicle trips per day on said bypass. EXHIBit PAGE 3 A OF~ Page - 5 7. The Examiner agrees with the Public Works Director's interpretation of the criteria set forth in Section 22-1477 FWCC regarding modification, deferment, or waiver of requirements for roadway improvements. Construction of SW 341 sl Street to full access standards is harmonious with existing street improvements, will function properly and safely, and will be advantageous to the neighborhood and City as a whole. Even though the school district has concerns regarding future traffic volumes, district school buses have difficulty negotiating the intersection of 19th and 3361h and the completion of SW 341 st Street will provide a much better bus route to Saghalie Middle School. No topographic or physical conditions preclude the construction of the improvements, and proper vertical or horizontal alignments are easily determined. The required intersection with 21st Avenue SW will not have a correct alignment with SW 342"d, but the City traffic engineer will grant a modification due to the importance of the connection (Exhibit "12"), While the required improvement does not appear in the City's Six Year Transportation Improvement Program, the comprehensive plan. supports its construction. The extension of 19th Avenue SW and the development of the site into 34 single family lots also requires its construction, 8. The applicant requests relief from the requirements of Section 20-179 FWCC " which reads: a. All natural vegetation shall be retained on the site to be subdivided except that which will be removed for improvements or grading as shown on approved engineering plans." b. Existing mature vegetations shall be retained to the maximum extent possible.,.,. The applicant desires to mass grade the entire site except for small areas in the southwest and northeast portions (Exhibit "15"). The City agrees with the grading plan for the portion of the plat north of the future 341 sl Street, but asserts that the portion of the plat south of 34151 Street and north of the internal plat cul-de-sac road does not need filling until development of the lots. The central issue between the applicant and the City concerns the amount of ponding that will occur due to the blockage of drainage pipes under SW 341 st Street following filling which will occur to the north thereof. The applicant asserts that off-site ----_u-----drainagewill cause flooding throughout the site and upstream basin, A significant amount of off-site drainage flows across the site from south to north through an existing ditch abutting the south property line and extending onto the EXHIBfl A- P AGE---i-OF-iL 9, 10, 11, Page - 6 southern portion of the plat. However, the City's conditions of approval allow clearing and grading in the vicinity of the ditch if necessary to ensure that off-site flow is captured and conveyed to the plat storm detention facilities located along the north property line, Staff supports clearing and grading to ensure the continuation of said flow. Thus, the only source of ponding which will occur south of 341 st Street will be drainage from the south 11 +/- acres of the site, Runoff from such a small area will not threat life, safety, or improvements in the vicinity of SW 341 st Street. Such is especially true as in the Preliminary Technical Information Report (Exhibit "9"), the project engineer writes that runoff from roof surfaces and yards in lots 19 through 34 will be infiltrated into the underlying soils. Thus, much of the rainfall on the southern 11 acres of the site should infiltrate into the ground, Additional reasons cited for the mass grading exemption would apply to virtually any phased development. Such reasons include wood chips used in site stabilization, truck loads of brush and material hauled off site, provision of temporary erosion control measures, balancing of fill and grade, homes occupied during land clearing and excavation, and less disruption to the neighborhood. The Examiner must assume that the City Council considered these negative impacts along with the desirability of retaining as much vegetation on the site as possible prior to development in its adoption of Section 20-179 FWCC. The site is located within the Residential Single Family (RS 7,2) zone classification of the FWCC, and the Federal Way Comprehensive Plan designates the site as Single Family High Density. The RS 7.2 zone classification authorizes single family residential homes on minimum lot sizes of 7,200 square feet as outright permitted uses. Abutting parcels to the south, east, and west are also located in the RS 7.2 classification and Single Family High Density designation. Parcels to the north are located in both the Neighborhood Business and RS 7.2 classification. Surrounding uses include a Fred Meyer store to the north and the Saghalie Middle School to the northeast. Vacant parcels abut the south and east property lines. However, a single family residential subdivision is proposed for the parcel to the east. A church and WSDOT park- and-ride lot arß located to the west. The applicant provided a geotechnical engineering study of the site prepared by Earth Consultants, a qualified expert, The study determined that soils are suitable for residential dev-elopment. Soilsincludea 12inch layer.oftopsoil, three.. to five feet of loose to medium dense silty sand with gravel, and very dense silty sand with gravel. Because of wet soil conditions the expert recommends a EXHIBI'"I PAGE S A OF~ Page - 7 summer earthwork schedule. 12. The topography slopes down from the western and eastern boundaries to a shallow depression that extends through the site from north to south, However, the site has no steep slopes or other geologically hazardous areas. The northern portion of the parcel is forested and the southern portion is vegetated with grass and a few trees. The applicant has identified significant trees and plat approval is subject to an approved tree clearing and landscape plan which meets Section 20-186 FWCC. A wetland reconnaissance performed by a qualified expert concludes that no regulated wetlands exist on the site. The applicant's wildlife habitat assessment letter concludes that no State endangered, threatened, or sensitive wildlife species or habitats are present on the site, 13, The applicant proposes to pay a fee in lieu in providing on-site open space, and the City PARCS Director has agreed to the payment. Section 20-155 FWCC requires an open space fee of 15% of the assessed land value as calculated at the time of final plat approval. 14. As previously found, an extension of 19th Avenue and a newly constructed SW 341s' Street will provide access to the site. An internal plat cul-de-sac extending south from 19th Avenue SW near the south property line will provide access to lots 25 - 34, A second cul-de-sac road extending north from 341 sl Street will provide access to lots 9 - 18 and the Tract C storm drainage pond. 15. Landscape requirements include a ten foot wide, Type 3 landscape buffer along all exterior property lines and abutting non-residential uses. However, landscaping of the Tract C and 0 storm drainage facilities must meet Public Works standards. 16, All internal and exterior roads providing access to lots must meet all FWCC requirements and all such right-of-way areas must be dedicated to the City. The applicant will improve all plat roads to full street standards with the exception of the southern portion of 19th Avenue SW and the western portion of SW 341 sl Street where the City has authorized two-thirds street improvements. The applicant must construct both 19th Avenue and SW 341 sl Street to local access standards which include 36 feet of pavement, vertical curb and gutter, four foot planter strip with street trees, five foot wide sidewalk, street lights, and a three -foot wideutmtystrip within a60 footwjde right--Of-way, 341s' Street will-have a two-thirds street improvement from the western plat boundary to the 21 sl Avenue intersection where it will once again have a full width with 35 foot radii. The.two EXH I BrL A '.._._~.- PAGE Co OF----1L- Page - 8 17. 18, 19. cul-de-sac roads must meet Jocal access standards to include 28 feet of pavement with vertical curb and gutter, four foot wide planter strips with stre.et trees, five foot wide sidewalks, and three foot wide utility strips with street lights within a 52 foot wide right-of-way, Mitigating measures in the MONS require a $5,400 proportionate share payment to improvements at the SW 348th StreeV1 sl Avenue South intersection and a $42,210 proportionate share payment to improvements at the 10th Avenue SW/SW 344th Street intersection for a total mitigation cost of $47,610. The applicant will pay school impact fees to the Federal Way School District to offset the impact of school aged children residing in the plat The school district reviewed the school access analysis provided by the applicant and has requested installation of traffic calming devices in the area of the school which the MONS requires. No bus stops presently exist for elementary school students in the area, and the closest bus stop for Decatur High School is located at SW 19th Place and 20th Place. The applicant and school district have agreed to coordinate needed bus stops within the plat The lakehaven utility District has provided a Certificate of Water Availability indicating that it can provide both domestic water and fire flow to the site. The district has also provided a Certificate of Sewer Availability which confirms its capacity to serve the proposed development through a Developer Extension Agreement The applicant will design and install all storm drainage facilities in accordance with the 1998 King County Surface Water Design Manual and the. City's amendments thereto. Due to its location within the West Branch Hylebos Creek Basin, the applicant must detail how the project will meet the special requirements of the basin plan. The preliminary design proposes to collect and convey water through a series of pipes and catch basins into two storm drainage detention ponds which will include water quality treatment facilities, The facilities must provide level 1 flow control and resource stream protection menu water quality treatment The City has determined that the proposed facilities meet said standards. The applicant will also provide an additional on-site storage capacity of 1.11 acres to affeviate downstream flooding per the requirements of the 1996 Comprehensive Surface Water Facility Plan. .20.. . . Prior to obtaining-preliminary platapproval.the applicantmustestablishthatthe request satisfies the criteria set forth in Section 20-126(c) FWGC. Findings on . each criteria are hereby made as follows: EXHIBI1° A . P AGE-3-0F---1.L- Page - 9 A, As previously found, the project is consistent with the Single Family High Density designation of the comprehensive plan, B. Compliance with the provisions of FWCC Chapter 18 "Environmental Policy", Chapter 20 "Subdivisions, Chapter 22 "Zoning", and all other applicable codes and regulations will ensure consistency of the project will all applicable provisions of the FWCC including those adopted by reference from the comprehensive plan, c. The project is consistent with the public health, safety, and welfare as it will meet all applicable codes and regulations, 0, The project is consistent with ~II design criteria set forth in Section 20-2 FWCC, The proposed subdivision provides an effective use of land, promotion of safe and convenient travel on streets, and for the housing heeds of the community. E. The preliminary plat is consistent with the development standards listed in Sections 20-151 through 157 and 20-178 through 187 assuming compliance with conditions of approval to include construction of roads and retention of vegetation during filling and grading of portions of the site. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1, The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2, The proposed preliminary plat of Saghalie Firs is consistent with the Single Family High Density designation of the comprehensive plan and meets all bulk regulations of the RS 7.2 zone classification, 3, The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, . __m_____----other-public ways, transit stops , fire-protection, sanitary waste, parks and-recreation, playgrounds, schools and school grounds, and safe walking conditions. EXH I B Il._~___--- --, PAGE l!3 OF.. tA' Page - 10 4. The proposed preliminary plat satisfies all applicable requirements of the FWCC to include Section20-126(c) and will serve the public use and interest by providing an attractive location for a single family residential subdivision convenient to a park- and-ride facility, schools, parks, and commercial retail facilities. Therefore, the preliminary plat should be approved subject to the following conditions: 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC, Final review of the storm drainage engineering plans will occur in conjunction with full engineering review. 2, Due to the existing site soil conditions, a seasonal clearing restriction from October 1 to April 30 shall be required, 3. Clearing limits for the construction of the plat improvements (roads, ponds, and utilities and approximately 17 of the proposed lots) shall be generally consistent with the clearing limits depicted on the modified Proposed Clear and Grade Alternative Site Plan (Exhibit "16"). The clearing limits identifi~d on the plan sheet referenced above are the approximate clearing limits necessary for road, utility, pond, and necessary lot grading due to topographic conditions that would provide for the functioning of the proposed on-site storm drainage wetponds and alleviate large. areas of on-site flooding. The clearing and grading limits on the approved plan may be modified with the approval of the Community Development and Public Works Departments during final engineering plan review as required to reflect changes in road and utility designs, if any. RECOMMENDATION: It is hereby recommended that the Federal Way City Council approve the preliminary plat of Saghalie Firs subject to the conditions contained in the conclusions above. DATED THIS 27~ DAY OF Pril.~ c: 5T PHEN K. CAUSSEAUX, JR. Hearing. Exam iner - ------ --...-- -- --n____- -------------------- m______-------- - EXHIBIT A PAGE "OE , I' Page - 11 TRANSMITTED THIS 27th DAY OF April, 2005, to the following: AGENT: AHBL Lisa Klein 2215 North 30th Street,Ste. 300 Tacoma, WA 98403-3350 ENGINEER: AHBL Matt Weber, P.E. 2215 North 30th Street, Ste, 300 Tacoma, WA 98403-3350 OWNER: Saghalie Firs LLC Kevin O'Brien Jeffrey E. Hamilton 7947 159th Place NE, Suite 100 Redmond, WA 98052-4306 Jeff Schramm TENW 16625 Redmond Way, Ste M-323 Redmond, WA 98052 Craig Sears 15 Lake Bellevue, Ste. 102 Believue,WA 98005 Tom Vasilaos 16622 178th Avenue NE Woodinville, WA 98072 City of Federal Way cia Chris Green P.O. Box 9718 Federal Way, WA 98063-9718 ----oo--- -oo-oo----.-------------------------oo-- - ---------------oo---- EXHIBIT A PAGE \0 OF.. ---,-~ It Page - 12 CITY COUNCIL REVIEW, ACTION Pursuant to Section 20-127, following receipt of the final report and recommendation of the hearing examiner, a date shall be set for a public meeting before the city council. The city council review of the preliminary plat application shall be limited to the record of the hearing before the hearing examiner, oral comments received during the public meeting (so long as those comments do not raise new issues or information not contained in the examiner's record) and the hearing examiner's written report These materials shall be reviewed for compliance with decisional criteria set forth in section 20-126. The city council may receive new evidence or information not contained in the record of hearing before the hearing examiner, but only if that evidence or information: (i). relates to the validity of the hearing examiner's decision at the time it was made and the party offering the new evidence did not know and was under no duty to discover or could not reasonably have discovered the evidence until after the hearing examiner's decision; or (ii) the hearing examiner improperly excluded or omitted the evidence from the record, If the city council concludes, based on a challenge to the hearing examiner recommendation or its own review of the recommendation, that the record compiled by the hearing examiner is incomplete or not adequate to allow the city council to make a decision on the application, the city council may by motion remand the matter to the hearing examiner with the direction to reopen the hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the motion. After considering the recommendation of the hearing examiner, the city council may adopt or reject the hearing examiner's recommendations based on the record established at the public hearing. If, after considering the matter at a public meeting, the city council deems a change in the hearing examiner's recommendation approving or disapproving the preliminary plat is necessary, the city council shall adopt its own recommendations and approve or disapprove the preliminary plat. As part of the final review, the city council may require or approve a minor modification to the preliminary plat if: (a) (b) (c) The change will not have the effect of increasing the residential density of the plat; The change will not result in the relocation of any access point to an exterior street from the plat; The change will not result in any loss of open space or buffering provided in the plat; and The city determines that the change wîll not increase any adverse impacts or undesirable effects of the project and that the change does not significantly alter the . ptöjecL . .. .. (d) EXHIBrJ_Á PAGE-1\-OF.. II" FilE ènYw A Federal Way ¡ f,,",~i';;',:,' ," :"" COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT TO THE FED ERAL WAY HEARING EXAMINER SAGUALIE FIRS PRELIMINARYPLA T Federal Way File No. 04-103295-00-80 PUBLIC HEARING - April 5, 2005 fi"'E DE RAL WAY CITY HALL CITY COUNCIL CHAMBERS 33325 8th Avenue South Table'of Contents I. General ùlfonnation ...,...,...,.',......,...,...,...........,....,...........,......................,."........................2 II. Consulted Departments, Agencies, and Public ,.......'...........,....................,...,.....,......,..........3 ill. State Enviromnental Policy Act..............,.,.,...........,..,..,.........."............."..........,..........-.....3 IV. Natural Environnlent......, , ...,... ...................... '.. ........, ""....,..., ...,.'.... ........",. ....." ,.. ........... ...4 V. Neighborhood Characteristics ....... ................. ...,.., ........ ,........., ..... ,.~ ...............,...............: ....5 VI General Design.. ..... ..... ...... ...... .......... ...., '. ,.. .........., ............... ,....................,.....~':..................~5 VII~ Transportation ,.'... .............., .".. .... ..n. ....n. ..... ........ '......., ......,.,... "',n.... .......... ......... ............. 7 VIII. Public Services,.....................,.....,.,...,..,..,........"................,........,'~....................,..".........,..,8 IX, Utilities.., .... ,.. ... ,........... .... ......... ",".n. ,... ...... ....." ....... ....:...".. """","'" ........... ......... .......... ...9 , , X.' Analysis of Decisional Criteria """"""""""....n""""""""""""',""""""""""""""'h.,..,....10 Xl Findings ,of Fact and Conclusion .......................................................................................11 xll, Recommendation """'" .......... ...................... n.......... ......... ""'" ..... h...... .... ............. .......... ,.14 xIll, List of Exhibits:..........................,........".,........,......,......,............,...,...............................,....14 Report Prepared by: JanetShull, AICP, Conttact Planner Macch 18, 2005 """ ' " EXHIBIT" PAGE \ B OF.. l(¿; .;-~'-;J'~', ~ itf ~: i,-- A3 L j'j -,~ ~ File No: O4-103295-OO-SU Agent: AHBL Ms. Lisa Klein 2215 North 30dI Street, Suite 300 Tacoma, W A 98403-3350 Phone: 253-383-2422 Engineer: AHBL - Mr. Matt Weber, P.E. 2215 North 30111 Streét, Suite 300 Tacoma. W A 98403-3350 Phone: 253-383,.2422 Owner: Saghalie Firs LLC 7947 159th Place NE. Sui~ IOQ Redmond, WA 98052-4306- - Action Requested: Preliminary plat approval of a 34-lòt residential subdivision as provided for under Federal Way City Code (FWCC) Chapter 20. "Subdivisions," and requiring approval pursuant to FWCC Section 20-110, Staff Representative: Janet Shull, AICP, Contract Planner. 206-244-3749 Staff Recommendation: - Preliminary Plat Approval with Conditions (Refer to Section XII) I GENERAL INFORMATION A. Description oJ the Proposal ~ The applicant proposes to subdivide 9.57 acres of vacant land into 34 residential single-family lots. The subject site is zoned RS 7 .2, requiring a minimum lot size of 7,200 square feet per lot The proposed action is depicted in the following documents: preliminary plat cover sheet. revised March 16. 2005 (sheet 1 of 5); boundary ánd topographic survey. revised No¥Cll1ber 12, 2004 (sheet 2 of5); preliminary plat map. reviSed November 12.2004 (sheet 3 of5);p~liminary grading and drainage, revised November 12. 2004 (sheet 4 of5); preliminary water and sewer, revised November 12, 2004 (sheet 5 of5) and preliminary landscape plan by Lane and Associates (Sheets L-l, L-2. and L-3) revised November 12. 2004 (Exhibit 1). B. Location - The site is located east of 21st Avenue SW. west of 19111 Avenue SW, at SW 341st Stree!., in Federal Way, W A. C. Parcel Nos. - 242103-9006 and 242103-9054. The site legal description is on the cover sheet (Sheet I of Exhibit I). - Staff Report to the Hearing Exanùner Prelinúnary Plat of Saghalie Firs - Page 2 .g, 0 29S-SU I Doc ID JIU'Jl '--::-::--~- PAGE ;2 OF.. \lP ' D. Size ofProperty-c- The subject site has a land area of 416,873 square feet (9.57 acres), E. Land Use and Zoning ~ Direction Zoning Site RS-7.2t North BN and RS-7.2 South RS- 7.2 East RS-7.2 West RS-7.2 Comprehensive Plan SF - High Density Existing Land Use Vacant Neighborhood Business SF - High Density SF - High Density Department Store Middle School Vacant SF - High Density Vacant (proposed subdivision) Single-Family Residential SF - High Density Church and Metro Park and Ride F, Background - The preliminary plat ofSaghalie Firs was submitted on August 19,2004 (Exhibit 2). City staffdeemedthe revised application complete on September 9,2004, n CONSULTED DEPARTMENTS, AGENCIES, AND PuBLIC The following departments, agencies, and individuals were advised of this 'application. Community Development Review Committee (CDRC)i consisting of the Federal Way Community Development Services Planning and Building Divisions; Public Works Engineering and Traffic Divisions; Parks, Recreation, and Cultural Resources Department; Federal Way Fìre Department; Lakehaven Utility District; and Federal Way Public Schools. CDRC comments have been incorporated into this report where applicable, A, All property owners within 300 feet of the site were mailed notices of the complete preliminary plat application on September 17, 2004 (Exhibit 3), The City also conducted other public notice on September .18, 2004,. in accordance with City code requirements. In respOnse to the notice of . application, the City received no comment letters regarding the proposal. B. In accordance with the State Environmental Policy Act (SEPA) and FWCC Chapter 18, "EnvÎronmental Protection," all property owners within 300 feet of the site (Exhibit ~), and all affected agencies, were notified of the proposed action and the City's environmental decision. In addition, the site was posted and notice placed in the newspaper~d on the City's official notice boards. C. m STATE ENVIRONMENTAL POLICY ACT A. The City of Federal Way issued a Mitigated Environmental Determination of Nonsignificance (MDN$) (Exhibit 5) for the proposed action on February 5, 2005. This detennina~ion was based IRS~7,2 = sin le~famil residential 7,200SF rninimwn lot size. Staff Report to the Hearing Examiner Preliminary PI;t~ f)f Saghalie Firs-. :~.,} ..:"..../ '..' .,.".;', t",,/ . 1 Page3 B 9 -SU I OodDJI09Z . PAGE~OF.. l ~ on review of infonnation on file, including the environmental checklist (Exhibit 6), and staff evaluation of the environmental checklist for Saghalie Firs, resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the, environment provided the applicant complies with the mitigation measures in the MDNS. B. The City received two comment letters during thel4-day SErA comment period (Exhibit 7). The City responded in writing to all parties that provided written comments on the SEP A decision (Exhibit 8). C. The City received no appeals of the SEP A MDNS. IV NATURAL ENVIRONMENT A. Soils ~ The applicant provided a geoteclmical engineering study by Earth Consultants, August 17,2004 (Appendix D ofPreliminaryTlR, Exhibit 9). Site soils are discu~ in detail in the geoteclmical report. The geoteclmical engineering study concludes that the site is suitable for residential development under proper conditions. According to the study, the site is immediately. underlain by an up-to-twelve-inch thick layer of topsoil. The native soils underlying the topsoil layer consist of three to five feet ofloose to medium dense silty sand with gravel (Unified Soil Classification SM) underlain by very dense silty sand with gravel (SM). According to the geoteclmical engineering study, site soils are moisture sensitive due to their high fmes content. Once disturbed in a wet condition, they will be unsuitable for support of foundations, slabs, or pavements. The study recommends that a summer earthwork schedule be obselVed due to these soil conditions. . B. Topography-The site generally slopes down fi:oin the western and eastern boWldaries to a shallow depression that extends from north to south. The site does not have any steep slopes or any other geologically hazardous areas. C. Vegetation - The northern parcel (north ofSW 341$1. Street) is forested. and includes associated underbrush. The southern parcel (south of SW 341 $I. Street) consists of grassy areas with a few trees. There are existing trees on the site that meet the defmition of significant tree per the FWCC. These trees have been identified on the preliminary landscape plans. Approval of the preliminary plat is subject to submittal and approval of a tree clearing plan and landscape plan pursuant to FWCC Section 20-186, City policy and FWCC Section. 20~ 179 state'" All natural vegetation shall be retained on the site to be subdivided except that which will be removed for improvements or grading approved in the preliminary subdivision or short subdivision... and; existing ,natwe vegetation shall be retained to the maximum extent possible, .. Retained significant trees. outside of plat infi-astructure areas are regulated under FWCC Section 22-1568, «Significant Trees," at the time of individual home construction. D. Wetlands - The applicant provided a wetland reconnaissance letter prepared by Altman Oliver Associates, November 7,2003 (Exhibit 10). that concludes there are no regulated wctiands on the subject site. ~~ Page4" -" PAGE ~129Øfk-=1!L . StatTReport to the Hearing Examiner Preliminary Plat of SagIutIie Firs . .\<~ E. Wildlife Habìtat ~ The applicant provided a wildlife habitat assessment letter prepared by Altman Oliver Associates, November 7,2003 (Exhibit II), that concludes there are no state endangered, threatened, or sensitive wildlife species or habitats on the site. v NEIGHBORHOOD CHARACTERISTICS B, A. Vicinity - The property is situated generally in the south-central portion of the City. The site is located east of21 51 Avenue SW and west of 191b Avenue SWat SW 34151 Street. The subject site abuts a large commercial property to the north, and also abutS a middle school to the northeast To the west is a church and a park and ride lot To the east and south of the site are existing undeveloped property zoned RS* 7.2 as well as some existing single-family residences. Public Parks - The site isloèated within the City's parks planning area C. Within this service area are the following parks facilities: Alderdale Park, Coronado Park. and.Saghalie Park. These parks provide recreational opportunities for residents in the area. VI GENE~L DESIGN A, Lot Size - The proposed Saghalie Firs lots range in size from 7,200 square feet to 7.545 square feet All lots on the preliminary plat map meet the minimùm 7,200 square-:foot minimum lot sIze. . B. Lot Layout - Most of the proposed lots are of rectangular shape. All building setback lines (BSBL) are depicted on the pJ'èliminary plat map. and each lot contains an adequate building area. c. Open Space ~ To provide adequate recreational opportunities commensurate with new residential development. FWCC Chapter 20. "Subdivisions." requires dedication of land on-site for open space. or a fee-in-lieu payment Pursuant to FWCC Section 20-155(b), the applicant has requested to pay a fee'-in-lieu of providing on-site open space. The City PARCS Director has agreed to a fee-in-lieu of on-site open space. The open space fee amount is 15 percent of the assessed land value at the time of final plat approval. D. Subdivision Access and Roadway System ~ Access to the site will be via two new streets: an extension of 191b Avenue South southward along theeastem boundary of the site, and SW 34151 Street. which will connect with 21S(AveOue SW,located to the west of the site. Twocul-de-~c streets are also propo,sed. Section VII of this report provides a detailed description of the proposed roadway system and improvements. The initial preliminary plat application included a request for a roadway modification to the western portion ofSW 34151 Street. The specific request was to develop the western segment of the roadway for emergency vehicle access only. City staff reyiewed and subsequently denied the roadway modification request in a November 9, 2004 letter (Exhibit 12), citing the Federal Way Comprehensive Plan provision for the development of this road (Comprehensive Plan Map ID- 6). E, Pedestnan System - Sidewalks will be provided along all street fiontages. Specifically, interior full street improvements include five-foot wide sidewalks on both sides of the street and four- Staff Report to the Hearing Examiner Preliminary Plat ofSagh~ie Firs . . EXHIBIT ß PA GE-~ a-FE . Page 5 04-1O3295-$U I 1>0<10"092 ---~- (~ foot"planter strips. Two-thirds street improvements on the south~ portion of 19th Avenue SW and western portion ofSW 341st Street will include five-foot wide sidewalks and four-foot planter strips, F. Landscape Buffers - In accordance with FWCC Section 22-1566, a ten-foot wide Type m landscape buffer will be provided along all property lines abutting nonresidential uses. The preliminary landscape plan provides for the required landscape buffers along the western site boundary in Tracts A and B as well as along the northern site boundary in Tract C. Landscaping of the Tract C and Tract D wetponds will be provided in accordance with Public Works standards. - G. Clearing and Grading - In a November 12,2004 letter (Exhibit 13) to the City, the applicant requested approval to clear and grade the entire site at the time of construction of the plat infrastructure. In general, the FWCC does not support mass clearing and grading of a proposed plat Wlless there are unusual site conditions and/or existing topographical conditions that support extensive site grading at the time of infrastructure development. Specifically, FWCC Section 20- 179, states: "All natural vegetation shall be retained on the site to be subdivided except that which will, be removed for improvements or grading approved in the preliminary subdivision or short subdivision. " "Existing mature vegetation shall be retained to the maximum extent possible. " Factors such as convenience of balancing on-site materials and avoiding transporting excess materials off-site, are not supported by the FWCC as conditions to allow for mass.clearing and grading of a subdivision site. . The applicant identified in their November 12,2004 letter, that there are unusual site conditions, in that off-site stormwater flows onto the property fÌ'Om the south, and that the proposed stonn drainage facility win provide for an additional 1.11 acres of stOrage volume to accommodate this condition and alleviate downstream flooding. The applicant further states that by mass grading the site, the off-site and on-site dtainage will be forced to flow via a swale.to the proposed pond. The applicant states that without the provision to mass grade the site, stormwater will not be able to reach the planned discharge and would cause flooding throughout the site and upstream basin. The applicant also submitted an exhibit (Exhibit 14) to illustrate the flooding conditions that would result if the clearing and grading limits where established for only those areas associated with in&astructure construction. City staff met with the applicant on January 11,2005, to discuss the Wlusual site conditions associated with this site and to review the exhibit illustrating these site conditioris. Subsequent to this meeting, the applicant submitted a revised proposed clear and grade alternative plan (Exluòit 15) that would retain two areas in natural vegetation. While City staff concurs with the applicant that there are certain Wlusual site conditions that support grnding of additional areas of the site outside of the limits of site in&astructure, City staff does not support the extent of the clearing and grading proposed by the applicant. City staff recommends clearing and grading limits be established as depicted on the modified clear and grade alternative plan Staff Report to the Hearing Examinei' Preliminary Plat ofSaghalie Firs EXHIB¡ L__~_ß PAGEk-OE Page 6 04-JO3295-SU I PocID3t092 \v' (Exhibit 16). This area would allow for the clearing and grading of areas associ,ated with inftastructure, landscape tracts, and most of the northern portion of the site to address the conditio~ where existing topography would prohibit stonnwater trom reaching the on-site stann drainage facility. H. Vegetation and Significant Trees - The applicant's request to grade most of the site, also would result in removal of most of the vegetation on the site, except for eight significant trees that are proposed to be retained, as depicted on sheet L-l (Exhibit I). The applicant does propose replacement of significant trees that would be removed in conjunction with the proposed clearing and grading limits (refer to sheet L-l). Replacement trees are proposed within perimeter landscape buffer tracts A, B, and C, vn TRANSPORTATION A. - Street Improvements ~ Access to the site will be provided by an extension of 19th A venuè SW along the eastern boundary of the site, which will connect the site with SW 336th Street to the north. In addition, SW 341 Sf Street will be constructed through the site, èonnectingthe site with 21 Sf Avenue SW to the west. Interior streets shall also be designed and constructed by the applicant per FWCC requirements. In accordance with FWCC Section 20-176, all street improvements must be dedicated as City right-of-way and improved to fun street standards, except the southern portion of 19111 Avenue 'SWand the western portion of SW 341 sl Street ftontage, where two-thirds street improvements are permitted. An August 2004, Traffic Impact Analysis (ITA) by Transportation Engineering Northwest was submitted for the project (Exhibit 17), The City's Traffic Division has reviewed the project and concluded that the proposed street layout of the Saghalie, Firs subdivision is consístent with the adopted codes and comprehensive plan in place at the time of the complete application. Pursuant to FWCC Section 22-1525, 19th Avenue SW and SW 341SIStreet along the project fi-ontages shall be improved to Local Access Standard corresponding to a Cross-Section "S." The required street improvements will include 36 feet of pavement (curb to curb), vertical curb and gutter, four-foot planter strip with street trees~ five-foot sidewalk, streetlights, and a three- foot utility strip all within a 60-foot right-of-way. Along the southern portion of 19111 Avenue SW and western portion of SW 34 I 51 Streets, where 'two-thirds street improvements are allowed, the paved street shall be 28 feet minimum, SW 34151 Street shall be improved to full width at 2 I st Avenue SWwith 35-foot radii. Internal plat streets (cul-de-sac streets "Road A" and "Road B") shall be improved to Local Access Standard corresponding to a Cross-Section "W." The required street improvements will include 28 feet of pavement with vertical curb and gutter, four-foot planter strips with street trees, five-foot sidewalks, and three-foot utility strips with streetlights, All this shall be built within a 52-£oot wide dedicated right-of-way. Street lighting is required on all streets pursuant to FWCC Section 22-1522. B. OjJ-Si/e Traffic Mitigation ~ This proposal has been reviewed under the State Environmental Policy Act (SEP A). The SErA mitigation conditions require construction of City Transportation Staff Report to the Hearing Exanñner Preliminary Plat ofSaghalie Firs EXHIBIT ß PAGE-lOE Page 7 04-1O3295-SUI DocIDJI092 if; hnprovement Program (I1P) projects that are itnpactedby 10 or more PM peak hour trips, or alternatively, the applicant may voluntarily contribute a pro-rata share to the impacted TIP projects. Required improvements to the project's streetfTontages are code-based requirements in the FWCC, and are independent of the SEPA mitigation. vm PUBLIC SERVICES A- Schools c- The applicant provided a September 8,2004, School Access Analysis (Exhibit 18). The Federal Way School District reviewed the school access analysis and provided comments, January 13, 2005 (Exhibit 19), Written comments from the school district staff identified an impact to student/pedestrian safety in the vicinity of the Saghalie Middle School site due to the construction of SW 341 st Street and the potential for additional vehicle traffic along 19th Avenue SW. The school district requested that traffic calming measures be included along 19th Avenue SW and S-W 341 st Streets as project mitigation. Such measures were included as SEP A mitigating measures in the MONS issued for the preliminary plat (Exhibit 5)- The school access analysis identifies that there are currently no Olympic View Elementary students residing in the area, so there are no identified school bus stops for the area. The school access analysis (Exhibit 18) indicates that any bus stops that would be needed within the project area are supported by the applicant. School pedestrian access to Saghalie Middle School will be via sidewalks provided in conjunction with new roadways constructed within the project site. The closest existing bus stop for Decatur Way High School is located at SW 19th Place at 20th Place. School. service areas are reviewed annually and may be adjusted to accommodate enrollment growth and new development. School impact fees, as authorized by City ordinance are collected at the time of building pennit issuance. School impact fees are detennined on the basis of the district's Capital Facilities Plan an4 are subject to annual adjustment and update. B. Public Parks - The Saghalie Firs site is located within p(ifks planning area C which includes two neighborhood parks (Alderdale Park and Coronado Park) and one community park (Saghalie Park)- These parks provide recreational opportunities for residents in the area. On-site parks and open space requirements are discussed inSection VI of this report. C; Fire Protection '- The Certificate of Water Availability from ,the Lakehaven Utility District indicates that water will be available to the site in sufficient quantity to satisfy fife flow standards for the proposed devdopment The Fire Department requires that a fife hydrant be located within 350 feet of each lot. The exact number and location of fire hydrants will be reviewed and approved by the Fire Department. Staff Report to the Hearing ExaminerEXFttB:, ~;~-,.". ,-,-- --$. , Preliminary Plat of SaghaJie Firs P AGE ---1i.-(J F. \ \.P' ,., -". ---, . Page 8 04-IOJ295-SU I 00<:10]1097 IX UTILITIES A. . Sewage Dispòsal- The applicant proposes to serve the proposed plat by a public sewer system managed by LakehavenUtility District. A November 24,2003, Certificate o/Sewer Availability (Exhibit 20) indicates the district's capacity to serve the proposed development through a Developer Extension Agreement (DEA) between the applicant and the district. -R Water Supply - The applicant proposes to serve the subdivision with a public water supply and distribution system managed by the Lakehaven Utility District A November 24,2003, Certificate of Water Availability (Exhibit 21) indicates Lakehaven's capacity to serve the proposed development through a DEA, c. Drainage Facilities - Development of the site will create additional runoff ftom new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the 1998 King County Suiface Water Design Manual (KCSWDM) and the City's amendments to the manual. The appliCant's November 12, 2004 prelíminary Technical Infoonation Report (TIR), (Exhibit 9) by AHBL, was reviewed by the City's Public Works , Department. The project site is located within the West Branch Hylebos Creek Basin sub-basin. The Final TIR must detail how the project win meet the special requirements of the Hylebos Creek Basin Plan. The preliminary design proposes. to collect and convey water through a series of pipes and catch basins into two stonn drainage detention ponds and water quality treatment facilities located at the northern linûts of the site. The larger pond, Tract C, is located-adjacent to commercial property. The smaller pond, Tract D, is located at the northeast comer of the site adjacent to vacant single-family residential zoned land. Another subdivision, Lakehaven Estates. is cun-endy proposed for this adjaéent site and is undergoing review by City staff . Level I flow control and Resource Stream Protection Menu water quality treatment is required for this site per the 1998 King County Surface Water Design Manual and the City of Federal Way Addendum to the manual. The applicant has proposed two wetponds> one to serve the majority of the site located in Tract C and a smaller wetpond to serve roadway runoff; located in Tract D. As, proposed, this design meets Levell flow control standards and the Resource Stream Protection Menu. An additional on-site storage capacity of 1.11 acres must be provided to alleviate downstream flooding per the 1996 Comprehensive Surface Water Facility Plan. The proposed on-site detention ponds provide capacity for this additional 1.11 acres storage. The proposed flow control and water quality facilities, are adequate to serve the proposed development. Final review and approval of the stonn drainage facîlities as shown on the engineering plan will occur in conjunction with full drainage review. Staff Report to the Hearing Examiner PrelimiruuyPlat of Saghalie Firs EX H I BIT ,--.~::::;.~ P AG E-ß-C)E l G Page 9 04-1 03295-SU I Doc 1D~(192 - x ANALYSIS OF DECISIONAL CRITERIA The FWCC establíshes review procedures and decisional criteria for deciding upon various types of land use applications. Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-nO, prelíminary plat applications are submitted to the Hearing Examiner for public hearing. The preliminary plat application and the reconunendation of the Hearing Examiner are submitted to the City COWlcil for approval or disapproval. . Hearing Examiner Preliminary Plat Decisional Criteria - Pursuant to FWCC Section 20-126(c). the Hearing Examiner may reconunend approval of the proposed preliminary plat only if the following decisional criteria are met Decisional criteria and staff responses are provided below. 1. The project is consistent with the comprehensive plan. 'Staff Comment: The application is subject to the-adopted 2003 Federal Way Comprehensive Plan (FWCP), which designates the property as Single-Family High-Density. The proposed land use, Single-Family Residential plat. .with 7,200 square-foot minimum lot size (RS- 7.2), is consistent with density allowances and polícies applicable to this land use as establíshed in the FWCP. 2. The project is consistent with all applicable provisions of the chapter, including those adopted' by reference trom the comprehensive plan, Staff Comment: The preliminary plat application is required to comply with Øte provisions of the FWCC Chapter 18, "Environmental Polic;y:' Chapter 20, "Subdivisions:' Chapter 22, "Zoning:' and all other applicable codes and regulations. Future development of the residential subdivision will be required to comply with allapplícable development codes and regulations. As proposed. and with conditions as reconunended by staff. the preliminary plat will comply with all . provisions of the chapter. 3. The project is consistent with the public health, safety, and welfare. Staff Comment: The proposed preliminary plat would pennit development of the site consistent with the current Single-Family High.Density land use classification of the FWCP and map. Proposed access and flTe hydrant locations must meet all requirements of the Federal Way Fire Deparbnent. Future development of the plat and associated improvements in accordance with applicable codes and regulations will ensure protection of the public health, safety,and welfare. 4. It is consistent with the design criteria listed in Section 20-2. Staff Comment: The proposed preliminary plat would promote the purposes identified in FWCC Section 20-2,.and.the standards and regulations therein, as identified in the staff report, including effective use of land, promotion of safe and convenient travel on streets, and provision for the housing n~ of the conununity. As proposed. and with conditions as reconunended by City staff. the preliminary plat application complies with all provisions of the chapter. 5. It is consistent with the development standards listed in Sections 20-151 through 157, and 20- 178 through 187. Staff Report to the Hearing Examiner Preliminary Plat of Saghalîe Firs Ext=f1Brr ß. PAGE-1!LO.F~ Page 10 04-103295-SU I DodD31092 Staff Comment: As proposed, the plat is generally consistent with the development standards hsted in Sections 20-151 through 157 and 20-178 through 181: The proposed plat ,is not consistent With the FWCC requirements in regard to retention of vegetation on the site (I<WCC 20-179). While the applicant proposes to retain some areas of mature vegetation including some significant trees, these areas are limited in size, The proposed area to be graded is larger than the portions of the site that are tQ be improved by infi'astructure and/or have unique site characteristics. The modification to the proposed grading limits recommended by City staff would comply With the provisions of this section, XI FINDINGS OF FACT AND CONCLUSIONS Based on an analysis of the proposed action, environmental record, and related decisional criteria, the Department of Community Development Services finds that: . L The proposed action is to subdivide 957 acres of vacant land into 34 single-family lots. 2, Pursuant to City's September 18, 2004 Notice of Complete Application, the plat is subject to codes and policies in place on September 18,2004, including the 2003 Federal Way Comprehensive Plan (FWCP). 3. 11Ie subject property is designated Single-Family High-Density in the 2003 FWCP. 4. Zoning for the site is RS- 7.2 (minimum lot size 7,200 square feet). The proposed residential subdivision and density is consistent With applicable zoning and subdivision regulations. 5. An Environmental Mitigated Detennination ofNonsignificance:{MDNS) Was issued for this proposed action on February 5,2005. There were no appeals oftheMDNS. 6. As proposed, each lot contains an adequate size and shape building envelope to contain a future single-family residence. Preliminary building setback lines (BSBL) are identified on the prehminary plat map. 7, No open space is proposed on site. Pursuant to FWCCSection 20-155, the applicant has proposed. fee-in-lieu of on-site open space fee. The fee-in~lieu of on-site open space shall be paid at the time of final plat approval. 8. An August 17,2004 geotechnical engineering study, states that site soils are moisture sensitive due to their high fIDes content. and once disturbed in a wet condition, they will be Unsuitable for support of fòundations, slabs, or pavements. The study recommends that a summer earthwork schedule be observed due to these soil conditions, 9. The northern half of the subject property is forested and includes associated underbrush. The southern half of the site consists of grassy areas with a few trees, Significant tree retention and/or replacement shall be provided in accordance with FWCC Section 20-179 and 22-1568. Trees that may be left po individual lots following the plat infÏ'astructure construction may be removed during individual home construction and subject to retention and replacement standards of FWCC Section 22-1568. EXRTBl1' .'~.. ' PAGE-1LOF¿, '( fo~'-'----' ....,. Staff Repon to the Hearing Examiner Prelimimuy Plat of Saghalie Firs Page II 04-1O3295-SU I DøcIDJI092 ; In a November 12. 2004 letter (Exhibit 13) to the City. the applicant has requested approval to clear and grade the entire site at the-time of construction of the plat infrastructure. The applicant identified unusual site conditions, that City staff concUrred with. that support some expansion of the clearing and grading limits n-om the areas associated with infrastructure and. utility improvements. Allowíng for the clearing and grading of these additional areas, particularly within the northern portion of the site, will alleviate on.:site and off-site flooding conditions that would result from maintaining existing topography on these portions of the site. However. the applicant's proposal for clearing and grading the majority of the site is not compliant with FWCC Section 20-179. which states: "All natural vegetation shall be retained on the site to be subdivided except that which will be removed for improvements or grading approved in the preliminary subdivision or short subdivision. " "Existing mature vegetation shall be retained to the maximum exlent possible. " Areas where grading should be pennitted are identified on a modified clear and grade alternative plan (Exhibit 16). The areas recommended for clearing and grading are the areas for right-of ways and utilities, and areas where topography would hinder the functioning of the on-site stonnwater detention facilities. Areas not recommended' for clearing and grading are those areas where minimal grade change is proposed on the preliminary grading plan. and the resultant grading is generally a convenience for site development. 10. The proposed clearing and grading of the majoritY of the site would result in the removal of all but eight significant trees at the site. The proposed significant tree retention/replacement plan does generally comply with FWCC Section 2()'179 and 20-186. Provisions must be included for retention and/or replacement of significant trees at the site. in accordance with applicable FWCC requirements. If replacement significant trees are necessary to meet FWCC requirements. the significant tree replacement trees shall be located in perimeter planter strips Tracts A, B. and/or C . II. Prior to proceeding with plat construction. a fmallandscape plan. prepared by a licensed landscape architect, shall be submitted to the City for approval in accordance with FWCC requirements. The landscape improvements shall be completed priOr to fmal plat approval, unless a fmancial guarantee is approved by the City for completion of the landscape improvements. The fmallandscape plan shall inçlude, at a minimum. the followiog elements: A. Non-residential land use buffer landscaping in Tracts A. B; and C per FWCC Section 22- 1566; , R Street trees in right-of-way landscape planter strips per Public Works Deparbnent StanŒnd~ . C. Landscaping of the Tract C and D wetponds shall be in accordance with Public Works standards. If cyclone fencing is.used around the storm drainage ponds. the fencing shall be coated black or green. Staff Report to the Hearing Examiner Preliminary Plat ofSaghalie Firs EXFttB1T ß PAGE I~ OF.. \\0' Page 12 04--1 03295-SU 1 DocID31092 12. Development of the site will create additional runofffTom new impervious surfaces such as streets,driveways, and rooftops. Stonn drainage facilities are being designed in accordance with the 1998 KCSWDM and the City's amendments to the manuaL The applicant's preliminary stonn drainage TIR by AHBL, as revised November 12, 2004, was reviewed and accepted by the City's Public Works DepartInent. Levell flow control and Resource Stream Protection Menu water quality treatment is required for this site per the J 998 King County SurJace Water Design Manua/and the City of Federal Way Addendum to the manuaL The preliminary design proposes to collect and convey water through a series of pipes and catch basins into two stonn drainage detention ponds and water quality treatment facilities located at the northern limits of the site. The proposed flow control and water quality facilities are adequate to serve the proposed development. Final review and approval of the stonn drainage facilities as shown on the engineering plan will occur in conjunction with full drainage review. 13. An August 2004, Traffic hnpact Analysis (rIA) by Transportation Engineering Northwest was submitted for the project. Public access will be provided by an extenSion of 19th Avenue SW along the eastern boundary of the site, which will connect the site with SW 336th Street to the north. In addition, SW 34151 Street will be constructed through the site, connecting the site with 21st Avenue SW to the west The City's Traffic Engineer has reviewed the project and concluded that the proposed street layout of the Saghalie Firs subdivision is consistent with the adopted codes and comprehensive plan in place at the time of the complete application. 14. t 9th Avenue SW and SW 341"( Street along the project frontages shall be improved to Local Access Standard corresponding to a Cross-Section "S." The required street ùnprovements will include 36 feet of pavement (curb tocwb), vertical curb and gutter, four-footplånter strip with stieet trees, five-foot sidewalk, streetlights, and a three-foot utility strip allwithirt a 60..[00t right- of-way. Along the southern portion of 19th Avenue SW and western portion of SW 341 st Streets, where two-thirds street improvements are allowed, the paved street shall be 28 feet minimwn- SW 341st Street shall be improved to full width at the 21st AvenueSW with 35-foot radii. 15- Internal plat streets (cul-de-sac streets "Road A" and "Road B") shall be improved to Local Access Standard colTesponding to a Cross-Section "W." The required street improvements will include 28 feet of pavement with vertical curb and gutter, four -foot planter strips with street trees, five-foot sidewalks, and three-foot utility strips with streetlights. All this shall be built within a 52~foot wide dedicated Jjght-of-way. 16. The applicant provided a September 8, 2004, school access analysis. The school access analysis has been reviewed by the Federal Way School District. New fTontage and internal plat sidewalks will provide a safe pedestrian route of travel for school children that walk to SaghalieMiddle School. Transportation to Olympic Elementary$chool and Decatur High School is via bus transportation. Federal Way Public Schools has requested the developer construet traffic calming devices in the vicinity of Saghalie Middle School. Traffic calming is a SEP A mitigating condition of theMDNS. EXHIBI1" ~. PAGEJCaOF.. StaifReport to the Hearing Examiner Preliminary Plat ofSaghalie Firs ----------n.. - Page B 04~1 03295-S0 I Doc ID31G92 ,\,Go, 17. Water and sewer facilities are available &om the Lakehaven Utility District and are adequate to serve the proposed development, It is' the applicant's responsibility to secure all, necessary water and sewer services nom the utility provider. 18. The proposed preliminary plat is pennitted by FWCCChapter 20, "Subdivisions," and Chapter 22, "Zoning." 19. The proposed subdivision and all attachments have been reviewed for compliance with the FWCP; FWCC Chapter 18, "Environmental Protection:' Chapter 20, "Subdivisions," Chapter 22, "Zoning." and all other applicable codes and regulations. As proposed, and recommended by staff. the preliminary plat is consistent with the FWCP and all applicable codes and regulations. 20. Prior to final plat approval and recording, all required and approved improvements will be constructed, or the improvements appropriately bonded, per City code requirements. xu RECOMMENDATION Based on review of this application, environmental record, and pertinent decisional criteria, the Departmènt of Community Development Services recommends approval of the prelirninaty plat subject to the following conditions: . . 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCc. Final review of the stonn drainage engineering plans will occur in conjunction With full - engineering review. 2. Due to the existing site soil conditions, a seasonal clearing restriction nom October 1 to April 30 shall be required. 3. Clearing limits for the construction of the plat improvements (roads, ponds, and utilities and approximately 17 of the proposed lots) shall be generally consistent with the clearing limits depicted on the modified Proposed Clear and Grade Alternative Site Plan (Exhibit 16). The clearing limits identified on the plan sheet referenced above are the approximate clearing limits necessary for road, utility"pond, and necessary lot grading due to topographic conditions that would provide for the functioning of the proposed on-site stonn drainage wetponds and alleviate large areas of on-site flooding. The clearing and grading limits on the approved plan may be modified with the approval of the Conummity Development and Public Works Departments during fmalengineering plan review as required to reflect changes in road and utility designs, if any. xm LIST OF EXHIBITS I. Cover Sheet, revised March 16, 2005 (sheet 1); Boundary and Topographic Survey, revised November 12,2004 (Sheet2); Preliminary plat map, revised November 12, 2004 (sheet 3); Preliminary Grading and Drainage Site Plan, revised November 12,2004 (sheet 4); Preliminary Water and Sewer, revised November 12,2004 (sheet 5); and Preliminary Landscape Plan by Lane and Associates (Sheets L-l, L-2, and L-3) revised November 12, 2004 " 2. Master Land Use application for Saghalie Firs Prelirnin Plat application Staff Report to the- Hearing Examiner Prdiminary Plat of Saghalie Firs Page 14 04-IO3295~SU 1 DocW31092 3~ Notice of Application mailing list for property owners within 300 feet of the proposed plat. September 17. 2004. . 4. SEP A MDNS notice mailing list for property owners within 300 feet of the proposed plat, February 4, 2005 5, SErA MDNS. February 5,2005 (with Staff Evaluation) 6, SEP A Checklist for Saghalie Firs, August 17, 2004 7, SEP A comment letters (2) 8. Staff response to SEPA comment letters (2) . 9. PreliminaryTechnicallnfonnation Report (fIR), revised November 12. 2004 10, Albnan Oliver Associates letter re: Wetland RecolUlaissance, November 7.2003 11. Albnan Oliver Associates. letter re: Wildlife Habitat Assessment. November 7. 2003 . 12. City of Federal Way letter to AHBLre: roadway modificatiQ~ request, November 9, 2004 13, AHBL letter to the City re: request for mass grading. November 12, 2004 14. Effects of Grading for Roadway and Pond Construction, site plan. February 3,2005 IS. Proposed Clear and Grade Alternative. site plan, February 3. 2005 16, Staff Recommended Proposed Clear and Grade Alternative 17. Traffic hnpact Analysis, by Transportation Engineering Northwest, August 2004 . 18. School Access Analysis, by AHBL. September 8,2004 19, Federal Way Public Schools comment letter, January 13 , 2005 20. Certificate oj Sewer Availability by Lakehaven Utility District, November 24. 2003 21. Certificate oj Water Availability by Lakchaven Utility District, November 24, 2003 Note: Copies of exhibits are not attached to all copies of this report. All exhibits have been provided to the Hearing Examiner. TRANSMIITED TO THE P ARllES LISTED HEREAFTER: Federal Way Hearing Examiner Applicant Agent - AHBL Applicant .,u .0.'" ,. . Staff Report to the Hearing Examiner K? Preliminary Plat ofSaghalie Fñs EXH I B IT. I? PAGE-.!!LOE . Page 15 04-1O3295-S0 I Oocw3llm 1ft' ,t } ft ,; >f':¡ I II, '. :;-";~D-::~~~_~~,<~ . . ~~,- ..~ í, ',-""'.", , '~' '[~~_--T-<j,":o< ;~"""'..F~"""-,:,,,:, --- '-'-~,~--.y;,:;;:r~~,r( ~..~.:--- .,,',,', "",',,-, """1i, "','",', , """"""r",.",,.,.--- '----, '-\,"t~..",""."",I',',',','.',,',,"'I."",.,(f~,""""",,',',,""," '.'"'".,"-",,-,,,",',,-,,-",'-."",','-",',-,,', ""-, ',', , ~----~ . .. \ r---",- : f'>" j" 5 :¡j~:~t,' 19 ' ¡U 25 . kJ!\' i , I, ~'-.""".,'.."'.':",,¡'..'.'. <.¡....,~" ',' -.:~f;f~~:~::~=;( '-_.' It":.'Jf.tii .......... 'I t,..., ""- ,';' .iir"., i "Ai...!, ..1IItj,A:W!üt . .:. ,...~, '.'-'1': : ",:,?,-;I'¡! ~---:_--------J;i. , I'""tY,... 1 :1 """"""""""""""""'", ""~' 0' ',' ,~--,--------, ,,[,--_L-___""'_"""""q{ ',..,p.'. 1 ::J, :;;:'-:'::'~:~, :.., .. -: "', -- -.' :'- :' ~.j.~,/f--=---:---=-~--=-~ ~~'~;~'{j:\;, ~-- --~-- ----If:-=-:-=-=7=-=-=~ -:1,(1- ~ : rT:-::-:'¡':~';':;: ¡.RR.~er~M,I;'-;.... ---:-- . 3 ~,\ ,~ """"'-' :':'."'~-::!! '..."",- E-~26 ¡""'ll! t, -,<I,' : 'B..-.'. '".,......, ,'-- ;'t. - "";"'.1"'..! " ,~~r, -t"2 "'."" 'III,.J. -----_u_----:!!:"""S:;,,- ';"'-'A",'rl,I"",,',~,~"~,'!'T,,',Jij I' il'.. ~. J,"p!~ ' ~ ~~ ~: ~.. ......; ;~-~t:~: ~~~::: ~ ~r !;~;MI r~~~ :::~:~:~~}~ ~¡1 }\~ ~\.~?:~:~ ¡I', ,j ';'::"--""'-1."'-- --, '---=--::""'-=---=--=--':""~;'l":",;'I"" ":\,., - ' ,f,,', ,'c,"";",,:!') "",', " ' ,.,1,,11 - -. ,r-..----..,..----- "1"-," ~f""'~"" """"""[',1 '~I<I"'" iW'~~- 12 ;', 11 ¡; "; ,-~'" ¡ i":h"'?i ._-,~~~-----:Ii -",:..;~<fJ-L. ¡~ -1,'" """"""""'" "\.' ,""'¡c.. ,!,>c,.:"..',..: . "'II,:UlJ"r--_-----:"'-i',,,,--:-~,,- "L1.d"- ","",',',',',"'- ,', """""~,'_-J,,I,; ò1l j I'~' . ". I"" ,I!:". --,-...u.._------ ---, - f..' '~.;:--..J ft"',, "ii",""",,," ~,,'--"i~- 540 ,-..----------- 1~:',:I"!-" ',T,',."-," ,~, ',"" 17'..,' """""., ¡' 1 '~ '\:" - -" J -::_-=---=---::----=-~ "iw,- "'""II-; 'i', /' \,.' 'I ",c","'" h~' -,"'" ',';,.....,~.... 9 "',"-",'I!-t., 23 "iI", 'j'",1 "\, , J l '~' ". q 'r.""-", '1 ,z'" ~"'\" < " . I " , , " " .' ".on," I..,-x" , "-.~n.2ß /1/' -, ,.-- '1\\ ,£2."" ',' 1.,',11 ,,;, '-.J,/ "-," "'" ~ A!L-~:"""'I; ~:'::2~:'=:'::':~,11'"þ1.Q-',.r,',"Z.' ",I," "', 'S,','"',',," "I J, ¡I" If/I, ',,;,\.,\, ",,----- =::1.-'t",'I¡i:-I""'.r----------_:1I, ",j./" J",!, "",';:'",,, ! . $JI ".' c_'\~' 'ij."~--,,,,"II E 'p< I'" !.\>" j I ] '01 ",' "~ L ------ ------ ":0";:',' I', 'I : J ',1.' '" ~ "~x' , J 1 ,¡: I i'-, '.; ~-"- '- ",-, ~:-fl\.;"",,:"'" 24 ,;~ '/7," ,nio¡'Ì(j;". "K'; ¡ II¡; I ;~-~' ""'110'.\1:1'" ' ',or--""~'-"-"""'!.{--k.->i!~:=:~,J~',I{! $, ""OCF' ""',',ý/ 1,Æ!£~' 't' ~,'""- " "';¡"'..." , c'., , 't' ""---" -""'-'-:..c"'§:~~~;"'" "Lei' .'Z,,~ . J I '\c,,' " MI'" '.. J!Þ, ~""".'"' '~".:"" > ,,<c", "",,- T' '.n n-- --, n"' ;:11'-:------ f¡¡¡ijglì;:n_,n --n', i ':;, i ~r~}/ -- :: ,~-- -,> - _:,:'~:_:~f- - -;~. _:--- !f~t~r :_;:-~:_~--~:. ~[!" .", ',' - :-~-r.~:- ~ I' ! ':'" . ',- ': .,; if~:....}~L: ',j ~ '¥A~_'~ I- I, .' ': ;1' ',~ " ;;, ":"',!!It , ,JI'¡' ¡¡;,~V II J I,' ,'~ ,~. t ,'. ',"i ,~,f..,-_.,-. f'! "~1~ ¡', ¡¡ ,'" ~I' ;, :';16:!~17;"18-:r1i;~¡L_.'!;'. ;b:<, ,"""+,' ' 14 ' 15. " . . -, --" '- -u rln, j~NiD J"r 1~"":r~........: '2"'."'" "2t1i1Q",¡,,"".~",,,¡~"""2~!,:~t:.illi <~---, Ii,,", t!,. -......, £,. ", j"K..ta"-;'~.uo 01, .' ,r. '- ~I "¡Jli".._~,'I,-,. ]1.'" ~'" ¡Ì .Þ' ,- - I J~. " " " ;:: ':: i'I]-:;:<'~i:;. :>.-\ : n r\ '" ~,K,.'~,""""""""',,,",' l'_____~L_-;:.:.:,C-----'L._---'~---_.:'_---J::;:;:;':<:11-!:I'1 ,F-'!:'-~ I l.Il .... c'. '.:!'-=- -:::-.!:- -=;;"..LRði";:L -:.:-~ -:-::-~ -: :-::./ ':':.;~, r~ i e~~T m I"*M ",",,1t~...,. ~s : I~.~,: '\\. ---~; .,~ ' V..J: . "" :!i : í.~~~-:,' , ,\,\.. : , -~;.; , € -j ~~ ,!tro"::J'¡ ~ - , :> ¡ k. t ~,.4 i ¡ ! I; (' , ¡ iè ~: " b 1,'. i ~?t+: I:, -:='I'Jd--,~~",,1 0 i~,;:i ' " ~.:id¡ H~:'~ - . J~J\", 1. m ,l ,.",,¡. ~" ---::-1""4 j Ii)!;: 'I, -~~~,~.: " ,l'>;:;~J ' - , """" :' I ~.!:',;I " b ,j ,,~,~] I. '<b ' . .."" , ., , i '-'Q:" - - , '" ' -"'-~.----""'-".. ¡J, ,~, -, .- ,.. 0'" ..n.. _WM - -- - ~"'-,- -" ()': 21$T'Mø 1 '1CJNI1'YBP """'" SAQJ/<.l¡fltS,~ T/.1WR'OtIW:fIt£NI,1IÇ m¡1Jii"'~1It'~T¡!o¡ -cøo;ïM, _H5I. ~, ~ ,.~ '~[\"I¡- IJ$,tIlbr 1iA1J'II!1l!!..f;~ ,Qi~ 1.-Kcm. Ii, I'LS ¡IIt, f_~.~~r, '-'IE JØ. (~J~' \'IIND.!Wt<'1lCHOO n AA{k c~ l1'ie!1O Jt 1Iò\tT1J.!N~~ 1!UfftJI~ J1Il'lf-.@¡¡1k 1RI.C!'ÌI:~ IMroI ~¡o.II!.f,,~:1$I ~ JAIit10~~1ì.iØlt.'.W\ It IRM:IJI.""'_, W"",~~ ~1!,II(~1tt;Io .1....hiìtèQIs1'l ElI'Mr~ u ~ÍÙ'l\ll,lfrlE!lO£lln~ ~1,iC¡: #lAl:f~1~ 1QÛlJíò.\o'it~ ,$I mib\.\IOO:.s'Iimmm>E: ~:!;. m.L....~.'~~'..........'~.'.. ~."'.-'..~: ""M/!; ~ ~,~ ~ '~.~ ~ ,SiI:C! d ~'âll/M at ~-, JÇtï.MI~ ~W.:.': 1!f $' s'- Ja' ¡~58.1V '%Ot1# nulf' I t .............. $AeHALJE. FI8I PReL!MIrM~YPl..A1 ~, $)QIOt:). Fi'., He. r...¡..!o-"o-.,o¡gp",onl 1,,-,,- """"""""",","'" .... '~~"""""""'l ..._-, ¡,¡¡¡....;~.. '- ".m, ~ NOV12,2004 .t. Â 4- &. ""'* -..- ;-;;';;J;;;i:;¡',~ PLAT ¡JX~!l ~ "~"'i ~9<~'-;,,; -:-'::,": ...........' ~ -11- --- IDlifWei --, ['- " ¡ I I ' ! I : I ¡ I ¡ I Heariag rxa.t.iøer Ci I, ase No", ! &Lib" N~ ¡- IT , ¡ , -g 8 8 pÚ/ August 18. 1004 Me, Carr Roe Public Works Director Cîqt of Federal Way PO Box 97t8 , federal~ay. VVJl 98063-9718 , Project: 'Saghalie Firs, Part II, Our Job No, 203102,3 t Subject; Roadway Modification Request [or Sagpalie Firs Prelimi.nary Plat File #O3-104776~OOO-OO-PC ¡ Deai Carr: -1 , The applÎc¡1.nt for the Saghalie, Firs Prelimi.nary Plat is hereby requescing a Modification from the Federal Way Zoning Code. Chapter 22, Article xVI related to itnprovemems for new de'lielopmem. Section 22-1477 states rlat the pub~c works director may modify, defer. Or waive requirementS for roadway improvements on;'ty after consideration of a written request, This Modification Requ£st proposes a modificacio~ to, the consmlcå.on of 2/3 improvemenrsfÇ)r SW 341« as oudined in the City's pre-application meeririg letter, to prO'V'åde EmergencY Vehicle acèess at, dús location 'uritÎ1 such time that the City resolve$ e1Cist;Íng alignment conflicts. A complete descripùon of the- reasons and special circumsc¡nce5. for dUs Iequest as 'Well as 2. gttphic that illustr.lte5 the Pt6pertf and exiscing roadway~~csisenclosed. - " ¡," " I ! pro;ect, Location and Description / Civil Engineers. Structural &19,-$ LandtW~Pð ArdrÎ~ C::JdI'1'<JI'>íty PtanntJllJ L,I'U S,¡rV6yotS NeiíJhbor:; AppUcatio~s for the Saghalie Firs Preliminary Plat ~o~~Îßg Process 'IV have been submitted cOncucrent with thìs Modification Request. SaghaU,e Firs is a propo$ed' 34.1ot single-family residential subdivision On 9.5i acres in the City offedtraf Way~ ' . , , t ' , " , , - , The Sagba~ F~ Pre~ Plat is comprised of ~o p~cèls Iocarecl east of 21st Avel.1oe SW at SW 341st Street and'sourh of?W_336th Stteetat the cuue(lt œnnÎnus of 19th A\.enue'SW, The address'is 34025 19th Avenue SW and the King County tax pucel nombérs are' 242103-9006 and 242103-9054. The tWo parcels are generally recrangular ~,s~Ee With a ---- ---,' .., --_._-~---""6Ó-foot "panhand1é"...tfuieXtcndš- fi- O,mm.: -ë~west edge of the Ie<:, ranguIar pucels. west to T A C 0 M-JI, 21st Avenue SW. The property to the north of the panhandle IS ~Wi1~ by the Evergteên Bible Chapel and the property tó the south of the panhandle is owned by , Washingcon State Depanment of T t:.1ns~rtation (WSDO1) for the !win Lakes Park and Ride:. , EXHIBft {;, , , pAGE \ OE (0' 6£fr9ZLZ(c;Z £0: n SOOZ. 60' ÃVW LOO/ZOO OJ HU#- 2215 1Iat1II JOI¡ SnMt Suite 300 TaL'llma, \VA 984IJ3:'335U 253.3812422 In 2S3.3S12512. fAX .-._,,~- -' ...--- ~ . 8 -- l\fr, C2l1' Roe .\úgui[ 18, 2004 Page 2 i. - _III .I!~ "18'. ; ¡ i. I ! I - ¡ I : - . ¡ -- Proposed aCcess to me Sité will be via the extt'nsi°4:of ~ 9u, A ,-enue SW 2long the property's east boundaty. SW 341" Street will be constructed [0 e~[end ea$t-uie$( from 19'" Avel1ue SW t 21« Avenue SW within the proposed pbt- . , - I I - i Basis fOr Modificarion , . In the City's 2002 Çomprehensi\*ePbn, the futur~ ex*osion ofSW 341¡.( from 19'" Avenue SW [0 21" Avenue SW is shown as a Pla~ned Street Section Type S - two laneS plus parking (single-family). However, me project is not included in the City's 2004-2009 Transpoctaúon Improvement Plan, I I In the City's pre.applica.cion meeting letter dated DeCd,mber 1, 2003, comments from the Public Works Traffic Di~lon statedth.tt the appijcanF would be expected to construCt SW 3411< Street to Type S s~eet cross-section scanfiarï from 19th A venu~ SW ~o the west edge of the recangular porno" of the property, FFom that edge, the applicant IS expected to tnnsicion from full width to 2/3 street improvem~nts ~nd then trallsition back to fun width at 215< Avelll.le SW, The letter fwther stared that the rÇ»adway should be aligned with the existing street on the \Vest side of 21>< A venue SW ~ A ~opy of the letter is provided, ¡ i - - i View oj SW 34r SIner {kft} from bill /1Int-Ÿt I This Modifics:rion Request proposes a modi£iQl.rio~ to ~e improvementS rc:quired of SW 34tOC requested íu the City's pre-application meetÏn.g letter until such time that the City resol1."és existíng aligo.ment conflicts. The applicant proposes entering intO a. No-Protest Waiver Agreeme:l1t with the Cit}, for the fun conscrucrion of SW 341" StJ:eet at a future da.te. I ! ----..-------..-------__.___n___------------"" .. ---- ___n_.._.._----- ----- --"""--" ------- - HIB--"'- EX' --I ~ - -----~----i PAGE 2 Off ,,------- CP' ---- LOO/£OO'd H£L# 609ZLZ£SZ fo:n SOOZ.60'Á'IlW .".-' 8 f I I j. i i i j' 8 Mr. Carr Roe _\ugust 18, 2004 Page 3 ul! :~I~: , ... i. I' i. ; j At this time, we see three options for improveme~ts tþ SW 341" Street in conjunction wìth (he de\"elopment of Saghalíe F'1rs: 1, ¡ , , '::" . As ouWned in the City's pce.applicatian lett(r~ cOnStruct SW 341st Street to align with SW 342nd Street. In chis scemrio, right-or-war would need to be acquired by the City from WSDOT. The WSDOT propeIt)' has þeen developed by WSDOT for the Park and Ride, however, and may not be available or acceptable to WSOOT for dedication. Furthermore, ,the applicant does not own the pr~pert}' necessary to align the intersecùons ofSW 341st Street and SW 342nd Street and negotiations with'WSDOT have been unsuccessful In addition, me separation along 21>< A,,'enue SW of the proposed intersection ofSW 341st / SW 342nd and the exisúng bus tuI:t1 iuto the Park and Ride lot would be approximatdy I1S', w¡hich is less than the intersection spacing requirements as required pet Federal Way City COde. Please refer to our actached exhìbiL . ¡ ; (I) (2) Construct SW 34 t" Street within the c:xiscing panhandle l<>Gation. This alternative is problematic in that the panhandle is approximatély 90 feet, céOtedme to centerline, from the existing alignment of SW 342nJ Street. Construction of SW 341 ¥' at the existing location would not meet me City's Public Works Development Stan4ard 3.2.10.B.S wh.ic:h stateS that offset intersections shall be avoided It would also conflict with the City's minimwn Ù1tetSectÎon spacin~ stapdards. . I (3) Construct SW 341 st as proposed in this Modïfic~tion Request, Onder this scenano, th roadway 'Would be constm.cted to full widrh throÖgh the c::1eveloped pardon of the pt"operty- The roadway would be tt2nsitione~ to !Emergency Vehicle Access along (he length of the p2lÚ\andle. This Modification Request proposes 2 temporuy solution that provides secondaty access for Saghalie f4s to meet EVA requirementS while issues related co the proper alignment are resplvcil by the City ac a future date. - . ! I , I Response to Code . ¡ Fedew Way City Code 22-1477 states that the public -Works director may modify, defer, or waive the requirements for roadway impro,-'emenc$ a.ft~r consideration of a written request. ~ Modification requests the t~ucrion in the t:e~uir-<d roadway improvements for the extension ofSW 341$C to 21" Avenue SW. The cOde rJqu.îres that the following items ace addressed by the modification request: (1) The improvement as required would not be batmonious with existing $tceet I improvements, would not function properly or safely or would not be i I . --~-~----advaotageous..to the.neighbor~ood--or-ciiy-as--a-whole~'. . ---'----~----------------T---~' EXHIBjT_~_._... C -~~-~--, PAGE 3 OE: j Co : ---... 6£Þ92L2£ÇZ £0:11 ÇOOZ.60'Á¥H LOO!ÞOO'd HH# "'/ :? -, 8- 8 i - I j I I . . I .. .'b' Id ¡bel. <bee' ..' mprovement opnon (1) SUtc:u a ove woo nOt; ,-r_rmomous or saLe - aus~ eXJstro-g street impro'l.'"ements prevent the alignment from! me~ùng City intersecrion spacing requìrementsand would create an unsafe conflict betWeen the proposed intersection and th bl1s eoay to the Pa:rk & Ride lot [0 the south.. F~~rmo[e, the applicant does not own the propeny necessary to align the Ï1\tér~ctions ofSW 3fl" Street and SW 34211<1 Stteer a.nd negotiations with WSDOT ha,,"e béea unsuccessful. ; ¡ I Improvement option (2) would not be harmonio4s or safe bè'C'al1se existing saeer improvements prevent this alignment from mee~ <tity inte~ecáon offset and s~cing requirements. Having intersections doser than t~e qty minimums would cause driver confusion and create an unsafe condition. ! I ~ , The proposed improvement would 1înùt access a~ sW¡ 341st Seteet to Emergency Verucics. providing a temporaty solution to eJciscin.g ali~nt and safety issues. Mr. Dq: Roe .\ugQst 18. 2OOt P:lge 4 1111 ... ., (2) Unusual topographic or physical condidons:ptedude the constfUction of the imp(ove~ntS as required. iI' ; , The ,exisMg physical conditions preclude the consttocrion of the improvementS as required. These conditions relate to the exiscing devdop~ßt ciJ property surrounding the area precluding safe roadway alignment that meets City code, (3) Pcopet vertical or horizontal a1ignm.enrs ba~ot be detennined because the exisång streetS do not have coctect :a~etts. As stated previously, this request is based on the fact that the ho.cizontalalignment of the existing "panhandle" is not aligned with the mreuiecùbn of SW 342m! and constrUction of 2- new City road at this loc:a.tion would cause 2.n o.ns~fe tondirion. ", . : - : I (4) The cequ~red.improv~ment is part ~f a Jafge, project ~at ~s been scheduled (0' ~onsttUCtton 111 the c'-rys adopted slX-ye~r ttFPottatton IInprovcOlent program The e~r:en$ion of SW 341'( Street is not included 1ft thb cicy.s six-year TIP. . ! I , . In conclusion. the Applicant has proposed a project with a roadway layout that addresses th requirements foe access and plans foe the future consùuction of SW 34 t" Street to meet the intent of the City's Comprehensìve Plan. Granting of the Modificacion is necessary fot chis development to proceed while the City resohr~s the alignment iSsues for this roadway. The requested Modification ìs based on sov.nd engineering judgment and requirementS foe safety, ---_hmÇ,!iQp",:¡,nd nWntainabiliry ~re f1II1Y:met.----_---------~------ ,---- ,----- LOO/SOO'd £L£L#- , ",' ,- "'" , ". ,,', ~ ¡ "¡ , "-' 1:-/\.1 II -' ~. - - -, PAG E-4-0Fj I Cò '-'O"':::::r--' . . , ---- 6£t92L2£S2 £0:11 SO02.60'XVW 8 I I , ! j I I I ! :! 8 Me. Cary Roe .\ugusclS.2004 Page 5 .. .. -u'l! -,... i 1 - I I - ¡ 'I ,- Our projecr ream is available to answer 2ny ques~bnsj(hat tna}' arise. Please feel free to contac,t me at (425) 869-1300 with any questionS?f rciquesrs for additional information. ££ææf#- l\btt Weber, P.E. Ptoject Manager MW/lak ; i i Deb. Ba~r~ Department of Community P1ahnJ.r;~ & Development Kevw 0 Bnen, Taylor Development : ¡ - Craig Sears, Taylor Development . Sean Comfort. AHBL Lisa Klein, AHBL c: 1O21trO40818.doc -- -----....----------..---- -...- n"---------'-""'-'" - ---....---..-..- m-----"--"- ¡ -- ! I I LOO/900.d £L£L# EXHIBrt~-~ : c" _~~~E S OFtr ---- 6£t9ZLZ£ÇZ to:!! ÇOOZ.60.ÃVW .. .. CI) CD :s cr Q) ~ c 0 ,,- ... cu u .- ... .- 1:1 0 :i ~ ca ~ -a en ca .... 0 c a:: Q) . ", E a.. c .- In LL.= CÞ C = OJ ---C----C-- - .c; m .! '" >C tnw LOOILoo'a tit 8 .. 0 0 ~ II .. .. ,... .. G) - CU u CQ .'~,.. f I PAGE (Ð OF.. £L£L# 6£v9ZLZ£ÇZ £0:11 SOOZ.60'XVW FILE . ..~ CtTYOF~ Federal Way MEMORANDUM Community Development Services Dðpartment DATE: April 18, 2005 TO: City of Federal Way Hearing Examiner Janet ShuÍ1, MCP, Contract PlanneU (1J't'V- FROM: SUBJECT: SAGHALIE FIRS PRELIMINARY PLAT (04-103295-O0-SU) Further Review of Proposed Clear and Grade Limits Community Development Services Department and Public Works Department staff has had the opportunity to review additional information provided by the applicant (attached Exhibit 1) submitted electronically on April 6, 2005. The exhibit iilustrates the potential for on-site ponding that would result with the clear and grade limits as recommended by staff in the Report to the Hearing Examiner dated March 18, 2005 (Exhibit 16), Upon further review of the potential ponding effects of the staff-proposed clearing and grading limits, staff maintains that the clear and grade limits should remain as recommended in the Hearing Examiner report dated March 18, 2005, Condition Number 3. This decision to QIaintain the original recommendation is based on the following: L Based on the applicant's analysis (attached exhibit), limits ofponding can be anticipated to be greater in the vicinity of lots 21-24 under the staff recommendation. However, the ponding in the vicinity of Tract A related to the off-site stormwater flow is eliminated. Therefore, the overall potential ponding area for the southemhalf of the subject site, as a result of the staff recommendation, is roughly equivalent to the potential ponding resulting ftom clearing and grading for the on-site improvements only (Exhibit 14 of Staff Report to Hearing Exanúner): 2. The potential ponding in the vicinity of lots 21-24 under the staff recommendation will not threaten life, safety, or improvements. - 3. There has been no detailed information provided by the applicant as to the frequency or duration of the potential ponding. 4. The City's .engineering consultant, (Weston Ot!, Perteet Engineering) reviewed the applicant's TIR (Exhibit 9 of the Report to the Hearing Examiner) with regard to site soil conditions. According to the applicant's TIR, runofffi-om non-polluting surfaces is expected to be infiltrated (Section 4,2- Developed Site Hydrology). This would seem to indicate that the soils on site will accommodate infiltration. The wetland biologist reviewing the site did not indicate any areas with standing water, which also is an indication that the present configuration of the site allows for drainage. It appears that there is four to five feet of soils that should support some degree of infiltration on fop of dense glacial tîll in the area where water may pond. No groundwater seepage was noted dwing the time the' EXHIB"'V D . ï L_,~- PAGE \ OE S ' ... 'borings were taken, which further supports the idea that surface water in this area would be able to infiltrate. 5. ,The ponding would be the result of on-site flow originating primarily from the lots that are not being- cleared and graded for intTastructilre development (lots 19-31). Retention of existing vegetation on lots 19-31 would facilitate infiltration of stonnwater and lessen the extent and duration of on-site ponding represented on the attached Exhibit I. 6. - Off-site stonnwater flow is addressed in the staff r~mmep.dation> which allows for clearing and - grading of Tract A along the western property line. This off-site flow is the primary contributor to the existingponding on site and apparently waS resolved by the staff recommended clear and grade limits. - 7. Staff is supportive of a modification to the clear and grade limits in the vicinity of Tract A, if it is detennined to be necessary to ensure off-site flow is captured and conveyed to the stonn detention facilities (for example, construction of a benn just east of Tract A). Any such modification of the staff recommended clear and grade limits is supported by Condition #3 of the Hearing Examiner Report dated March 18,2005. Attachment Exhibit I, Effects of Staff Proposed Clear and Grade Alternative EXH1Bi1,__-P PAGE ? OE - ----- -----"--- r;- Q4-.IOJ29S Doc, 1.0. 31311 FILE mTOF A Federal Way MEMORANDUM Public Works Department DATE: April 19,2005 TO: City of Federal Way Hearing Examiner ~ FROM.: Ken Miller, Deputy Director Public Works SUBJECT: SAGHALIE FIRS PRELIMINARY PLAT (04-103295-OO'-SU) , Additional Information regarding SW 341 $( Street The purpose of this memorandulll is to provide additional infonnation regarding City staffs denial \ (November 9,2004) of the applicant's request for a roadway modification to SW 341st Street to provide for emergency vehicle access only. The report to the Hearing Examiner, dated March 18, 2005, contained a copy of the City's denial letter (Exhibit 12, November 9,2004). The following is additional inforrnation in support of the denial of the applicant's roadway modification request: 1. SW 341$( Street is depicted in the Comprehensive Plan (Map ID-5) to connect from 19d1 Avenue SW to 21 st Avenue SW. Any revision would require Council approval. 2. The ïplicant's proposal to construct SW 34151 Street for emergency vehicle access only would result in 19 Avenue S W being the only vehicular access to the proposed 34 tots as well as several existing single-family residences located east of the proposed plat. The proposed plat and the existing single family will generate in excess of340 daily trips. Furthennore, 19d1 Avenue SW would be a dead end roadway tenninating at the southern property line of the subject site. This would result in more than Ih 25 lots being accessed by 19 Avenue SW, Per the development standards for local street (FWCC Section 22-1528), a single-family development of 25 lots would generate approximately 250 average daily traffic. To provide a safe and efficient traffic circulation, a second access should be provided for any single-family development that generates more than 250 average daily traffic. 3. Subdivision should be designed so that traffic is distributed in a logical manner toward a còllector street system, to avoid intrusion or overburdening of reSidential streets, and to conned with planned or existing streets (FWCC Section 20- J 51). The proposed plat would meet this requirement with SW 341ß Street connecting to 21st Avenue SW. 4. Per FWCC Section 22-151 (c), No Street or combination of streets shall function as a cul-de-sac longer than 600 feet, Without access through to 21 $(,A venue SW, 19th Avenue South and SW 34151 Street would essentially be a cul-de-sac of 1000+ feet in length. 5. Per FWCC Section22-151 (d), B/ockperimeters should be no longer than 1,320feetfor ' nonmotorized access, and 2, 640feet forstreels, If SW 341 $f Street dOes not connect to 21 s( Avenue SW, the block perimeter requirements of FWCC Section 20-151(d) fQJ vehicular access are exceeded. 0410U9S EXHIBj ~ ,P ---~-----.. PAGE '.3 DE G' 1J<><o- 1-0- JI128 ~J I ~.1 ~.;:i .... Gt'.;."{.~ M~ '... ¡ 6. SW 341$1 Street is a panhandle access for the suhject property and is cutTently used as an access easement for the existing single-family residences located east of the proposed plat. 7. The previous development that was referred to in the applicant's testÙllony on AprilS. 2oa?, was a different use than the proposed single-family subdivision (multi-family senior housing). In addition, that project had a condition whereby a second access to SW 344111 Street was to be provided. 8, To reduce cut-through traffic, the Federal Way Public Schools (FWPS) is satisfied with the traffic calming measures that have been applied to this project as a SEP A condition. In addition, in the second letter submitted by FWPS (Exhibit 19 to the Hearing Examiner Report), FWPS states that the construction of SW 341$1 Street may serve to alleviate difficulties with bus access to Saghalie Middle School by providing an alternate access route from 21$1 Avenue SW to the school site. In regard to the possible cut-through traffic, staff does not. agree with the applicant's traffic engineer assumption of 3,000 plus vehicles daily using 19111 Avenue SW as a result ofSW 341$1 Street connection to 21st Avenue SW. 8th Avenue SW between SW 35~ Street and SW Campus Drive has an average daily traffic of 1,139. 19th Avenue SW, which is the same roadway classification (minor collector) as 8th Avenue SW would be expected to have similar traffic volume when fully extended to SW 344th . Street. Please see attached traffic count data. Based on the above infonnation, City staff maintains that the applicant's request to construct SW 34 1st Street for emergency vehicle access only should be denied. / EXH'Brr V PAGE-1-0F: '3~.. 0410329S Poc. I.P. 3131J1 ¡¡':!'I I! '~"!I ~~- ," lOW. ~hll. ;'~;;.' " I ~~ 0;;';'11 ":!,,, 1m " ,r.... Î~ Hii I~l{" f~~i" :" ',~E' ;,; ;~h f;:,¿ ,'-- ,')~ ,; / ~~'" " i' ~I\~!L' ~: ~x a~~ l¡:. d' ! j~ :~,~,'~,~L""~",,',, -i" ~SJ~,- ~ ~ iJ! [ 3-::.",.... -. . -.. , /1 -, :::":"" ~"'Õ' 7-11'-' .. '. >~ '-, ...- , ......-. - . '.-no_.. ~: ~. ~ ~"':"":::........a 'li:l ", . ~r.. to"" . i "1- HI ~;;,; I I J a . ... "¡ t!: , ,,¡¡Ii . --." ~..." in:. , ,n:" "'l! """" "~~J -.....-"""!'" - ~-,~~~-J..~" ! ,--,', ,~~, " .,¡. ö ,-,~~- J I J I I I I :.-~'~ I ---~;,/;.:;I~J~ I '-:",~i:'-'¡¡,i,I_'.;-"" " , . ' .., " . '~'<--'- -~------ gradjngnecessaryf:>r~ -""¡:' '! '!t ,'\) , --.----------/ construction staging ~- rl ~J" .,.:~ I. and roadway fill H,' h~¡! 'r I..~ f.}' "-ij::'/'i, , ,:' , n¿'i1u,:¡;,"', , , ~ ~ f:.t!;~V,;.' ;.: I II'~-'n: ;,':-. ,- ."' ... &, ~ :- - -,,- , ~ > PAlIK ,U RIDE I'(ND8 " .- -, 0 Saghalie Firs Preliminary Plat Effects of Staff Proposed Clear and Grade Alternative Unique Site Conditione: Upstream/Off-lite Dralnlga mult be controlled to correct a draInage problem downstream Legend: <F flow arrows limits of clearing and grading * significant trees to be retained . possible area to be protected from clearing and grading until future home construction . ponding {9 CIW'HlC BeALl: bo.-L u 7 ,....., ,_... ~ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDmONS TIlE PRELIMINARY PLAT OF SAGHALffi FIRS, FEDERAL WAY FILE NO. 04-10329S-O0-SU. WHEREAS, owner Kevin O'Brien applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Saghalie Firs and consisting of 9.57 acres into thirty-four (34) single-family residential lots at SW 34151 Street located east of21"1 Avenue SW; and WHEREAS, on February 5, 2005, an Environmental Mitigated Detennination of Nonsignificance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), RCW 43,21C; and WHEREAS, the Federal Way Land Use Hearing Examiner on AprilS, 2005, held a public hearing concerning the Saghalie Firs preliminary plat; and WHEREAS, following the conclusion of said hearing, on April 27, 2005, the Federal Way Land Use Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of the Saghalie Firs preliminary plat subject to conditions set forth therein; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, on May 16, 2005, the City Council Land Useffransportation Committee considered the record and the Hearing Examiner recommendation on the Saghalie Firs preliminary plat, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58,17 RCW, and aU other applicable City codes, and voted to folWard a recommendation for approval of the proposed Saghalie Firs preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and WHEREAS, on]pne 7, 2005, the City Council considered the record and the Hearing Examiner recommendation on the Saghahe Firs preliminary plat, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58,17 RCW, and all other applicable City codes. Now THEREFORE, TI-lE CITY COUNCIL OF HIE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ~ OF .~ EXHIBIT PAGE \ RESOLVE AS FOLLOWS: Section 1, Adoption of Findings of Fact and Conclusions, 1. The fmdìngs of fact and conclusions ofthe Land Use Hearing Examiner's April 27, 2005 Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2, Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other plarming features to assure safe walking conditions for students who walk to and horn school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way Land Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the Saghalie Firs Preliminary Plat Federal Way 04-103295-00-SU, is hereby approved subject to conditions as contained in the April 27, 2005, Report and Recommendation of the Federal Way Land Use Hearing Examiner (Exhibit A), Section 3, Conditions of Approval IntegraL The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this , resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Hearing ExallÙner to review the impacts of the invalidation of any condition or conditions and conduct such additional Res,# , Page 2 EXHIBIT J PAGE {;L. OF 3 proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58,17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5, Ratification, Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affIrmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City CounciL RESOL VEP BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, TIllS _DAY OF ,2005. CITY OF FEDERAL WAY MAYOR, DEAN MCCOLGAN A TIEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED As TO FORM: CITY ATIORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BVTHE CITY COUNCIL: RESOLUTION No,: EXHIBIT ~ PAGE ~ OF 3 Res. # ~,. , Page 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF SAGHALIE FIRS, FEDERAL WAY FILE NO. 04-103295-00~SU. WHEREAS, owner Kevin O'Brien applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Saghalie Firs and consisting of 9,57 acres into thirty-four (34) single-family residential lots at SW 34pl Street located eastof21"t Avenue SW; and WHEREAS, on February 5, 2005, an Environmental Mitigated Determination of Nonsignificance (MONS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C; and WHEREAS, the Federal Way Land Use Hearing Examiner on AprilS, 2005, held a public hearing concerning the Saghalie Firs preliminary plat; and WHEREAS, following the conclusion of said hearing, on April 27, 2005 the Federal Way Land Use Hearing Examiner issued a written Report and Recommendation containing findings and conçJusions, and recommending approval of the Saghalie Firs preliminary plat subject to conditions set forth therein; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, on May 16, 2005, the City Council Land UselTransportation Committee considered the record and the Hearing Examiner recommendation on the Saghalie Firs preliminary plat, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward a EXHIBIT ~ PAGE \ OF~ recommendation for approval of the proposed Saghalie Firs preliminary plat to the full City Council, except the Land UsefTransportation Committee recommended to eliminate Findings number eight and nine and Condition number three of the Hearing Examiner recommendation; and WHEREAS, on May 16, 2005, the City Council Land Use/Transportation Committee recommended to the City Council to atlow clearing and grading of the site as proposed by the applicant in the "Proposed Clear and Grade Alternative to Control Drainage" (dated received: February 3,2005); and WHEREAS, on June 7, 2005, the City Council considered the record and the Hearing Examiner recommendation on the Saghalie Firs preliminary plat, and the recommendation of the Land Use/Transportation Committee pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section I. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Land Use Hearing Examiner's April 27, 2005 Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council, except for findings number eight and nine, and condition number three are not adopted. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. The Federal Way City Council hereby eliminates findings number eight and nine, and condition number three of the April 27, 2005 Hearing Examiner Report and Recommendation, and finds clearing and grading of the site as proposed by the applicant at the time of plat infrastructure will promote efficient construction of the site, and eliminate the risk of on-site stormwater ponding. Furthennore, consideration of surrounding zoning and uses, and the lack of ability for long term preservation of significant trees on the site make the site conducive to clearing and grading at the time of plat infrastructure construction. 3. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, U.." H 1>,..... ? EXHIBIT ?..1- PAGE ;;L OF and the establishment of a City Council finding allowing clearing and grading of the site as proposed by the applicant, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 4. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way Land Use Hearing Examiner and findings and conclusions contained therein as adopted and revised by the City Council immediately above, the Saghalie Firs preliminary plat Federal Way 04~1O3295-00-SU, is hereby approved subject to conditions as contained in the April 27, 2005, Report and Recommendation of the Federal Way Land Use Hearing Examiner (Exhibit A) as modified by findings and conclusions adopted in Section 1 above. Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest wiH be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58,17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent EXHIBIT ~ PAGE 3 OF 4- J:1p", H ~QP':t jurisdiction, such invalidity or unconstitutionality shaH not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shaH be effective immediately upon passage by the Federal Way City Council. REsOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASIllNGTON, TillS _DAY OF , 2005. CITY OF FEDERAL WAY MAYOR, DEAN MCCOLGAN ArrEST: CITY CLERK, N. CHRISTINE GREEN, CMC ApPROVED As To FORM: CITY ATrORNEY, PATRICIA A. RICHARDSON FILED WITH THE CiTY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No. u..." :Ii p" 0... d. EXHIBIT of PAGE-4-°F 4- MEETING DATE:~,,~,~~,~-~---,~-~ _""""-"--""""",""""""'"""""",,,,,""""""""""--..,..""""" CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Proposed 1nterlocal Agreement Between Federal Way and King County Relating to Records ,I.~~~!.~~:...~~,?!~~..~,?E~,~~",,~~~~~~..~,~~~!J~1,~~,~~~~~!,~~~,!""~~-~,?,!,~~~..~,~~~..c~~,,,~,~,!~~,..~,~~~~!~,?~~~,~"~~:_"..,""""""".._.......... CATEGORY: BUDGET IMP ACT: r8J CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ """""""""""""'- -"'.... """-"""""""""""""'" """-""""""""""""-""""""""""" '-"""""""""""'" --,......".. """"-"""""""""'--"-"""""""""---"""""""" '" -----,............ ""'-'--"""""""""""""'"""'--""""'" """""-""""""""""""""-""""""""" "'" """', -"",""""""M""" ..""-- ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated May 16, 2005 and the 1nterlocal Agreement "".."......"',"'.. ""'"-"""""""""""""'-"""""""""""""""'--"""""""""""-'-""'"""""""--"""""""",,,,""""""-"""""""""""""""""""""""""""-"""""'" """""""'-""""""""""""""""""""""-"""""'" """""'" """--""""'" """""""'--"""'-""""""""""""""'-""""""" """""""""""""""'"~"-- SUMMARYIBACKGROUND: On December 21, 2004 the City Council voted to approve the Annexation of North Lake, Redondo East and Parkway Areas from King County and the Annexation was effective January 1, 2005. The City and King County agreed to continue negotiations about the transfer of responsibilities for the Annexation Areas after the effective date. On February 1, 2005, the City Council voted to approve an 1nterlocal Agreement between Federal Way and King County for permitting in the Annexation Areas, but issues related to Records Transfer, Public Works, Surface Water Management, Collection of City Drainage Fees, Jail Services, and Police Services in the Annexation Areas remained unresolved. After extensive discussion and negotiation, the City and King County have developed an 1nterlocal Agreement to address these issues, Representatives from Public Works and Surface Water Management have met with King County to iron out operational issues not addressed in the proposed 1nterlocal Agreement. The attached draft represents a working compromise that addresses the transfer of responsibilities for the Annexation Areas. .."""""""'--..- ,.. ,.."'.... """""""""""""""'" "'.. ......- """"""""""""'" """""""""""" '" """""""""""""""""'" """""""""""""""""""""""'-"""""""""'"'" -..-,..,...." """""""""""""""""""""""""""" """"""""""- """,.."", '" ""'" """-'-""""""""""""""'" """""--""'" """'" """""",,""" ..""-".., ....".. ,...." """"""""'-"""'- CITY COUNCIL COMMITTEE RECOMMENDATION: At its May 16,2005 meeting, the Land Use and Transportation Committee forwarded the following staff recommendation: Forward the proposed interlocal agreement to the full City Council on June 7, 2005 with a recommendation of approval. ,....,.... """"""","""""""""""""""---""""""""""'--""""""""'--""-"""""""'--"""""""""""'" ..,,---,.. """'" -- """"""""-"""""""" """"""-"-"'" ..,........, "'"" """-""""""""""""""""""'-"-"-'" "..","'"""", """"""""'-"""""'" ,,".. """""""""""""""""""""'" """""""""""""'" PROPOSED MOTION: "I move to approve the proposed Interlocal Agreement with King County for the transfer of responsibilities in the Annexation Areas" ~~~ER -:;p~: T~=~=-:--"-~ COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLEDIDEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 K: AGNDITEM\2005\FW Annex ILA 2.DOC CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT _._-,------,-_.,- _._-----._--~-- DATE: TO: May 16,2005 VIA: FROM: David Mo anager f[\1L SUBJECT: Proposed Interlocal Agreement Between Federal Way and King County Relating to Records Transfer, Public Works, Surface Water Management, Jail and Police Services in Annexation Areas Policy Question Should the City Council approve an Interlocal Agreement with King County to delineate the shifting of responsibilities for North Lake, Redondo East and Parkway Annexation Areas from King County to the City of Federal Way? Background On December 21, 2004 the City Council voted to approve the Annexation of North Lake, Redondo East and Parkway Areas from King County and the Annexation was effective January 1,2005, The City and King County agreed to continue negotiations about the transfer of responsibilities for the Annexation Areas after the effective date, On February 1, 2005, the City Council voted to approve an Interlocal Agreement with King County for permitting in the Annexation Areas, but issues related to Records Transfer, Public Works, Surface Water Management, Collection of City Drainage Fees, Jail Services, and Police Services in the Annexation Areas remained unresolved. After extensive discussion and negotiation, the City Staff and King County have developed an Interlocal Agreement to address these issues. Representatives from Public Works and Surface Water Management have met with King County to iron out operational issues not addressed in the proposed lnterlocal Agreement. The attached draft represents a working compromise that addresses the transfer of responsibilities for the Annexation Areas. lnterlocal Agreement Term. 5 years. Records Transfer. "DIe County shall transfer to the City all design and engineering drawings, as built drawings, improvements to and facilities of the right of ways, and maintenance records related to Roads and Surface Water Management in the Annexation Areas. "nIe County shall also provide such other speci fie records as the City may request in writing from the County. Surface Water Management. "DIe County shalltTansfer to the City, and the City agrees to assume ownership and full and complete responsibility for the operation, maintenance, repairs, and any subsequent improvements to the drainage facilities, The City agrees to accept the Drainage facilities and Drainage Facility Property Interests in AS IS condition, Collection of Drainage Fees. The parties agree that in accordance with the terms of the agreement executed by the Parties in 1992 and amended in 1997, the County on behalf onhe City shall bill for and collect the City's surface water management fee within all areas of the city limits, including the Annexation Areas, Jail Services. All misdemeanor crimes that occur in the annexation areas prior to the date of annexation will be considered crimes within the jurisdiction of King County for the purposes of determining financial responsibility for Jail Services, All misdemeanor crimes that occur in the annexation areas on or after the date of annexation will be considered crimes within the jurisdiction of the City of Federal Way for the purposes of determining financial responsibility for Jail Services. Police Services. On the effective date ofthe annexation, police service responsibility within the annexation areas transferred to the City. Criminal cases and investigations pending in the County prior to the effectivè date of the annexation remain the responsibility of the County. The parties have agreed to implement the police transition plan attached to the Agreement as Exhibit D, Options 1. Forward the proposed Interlocal Agfeement to the full City Council on June 7, 2005 with a recommendation of approval. 2. Modify the proposed Interlocal Agreement and forward to the full CityCoÜncil on June 7, 2005 with a recommendation of approval as modified. 3. Reject the proposed lnterlocal Agreement and return to staff with recommendations, Staff recommendation Forward the proposed Interlocal Agreement to the full City Council on June 7, 2005 with a recommendation of approval. (Option 1) Conunittce recommendation Forward Option I to the full City Council for approval at the June 7, 2005 City Council meeting. - APP IÚ~\' A I-.n.' , ~:~~ ~(# - '-,,(')'01f'I;11"(' (:c:"tC\¥,.,. C"(llb"~I-';: - (,':omn~~tt~~. CI1::~i~~~ "~I,;:- ..- ~:_- ,-~-;(~~mj~.~~~Æ:r.-_.--.. ." ..':. .. -_.._.~=----,---==--,_..,.-, K:\AGNDITEM\FW Annex ILA 2.2005 - LUTCdoc 2 DRAFT S(i cJ I óS- INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND KING COUNTY FOR THE TRANSFER OF RECORDS, PUBLIC WORKS, SURFACE WATER MANAGEMENT, COLLECTION OF DRAINAGE FEES, JAIL AND POLICE SERVICES REGARDING THE ANNEXATIONS OF THE NORTH LAKE, REDONDO EAST, AND PARKWAY ANNEXATION AREAS THIS AGREEMENT is made and entered into this ~ day of ,2005. The parties ("Parties") to this Agreement are the City of Federal Way, a State of Washington municipal corporation ("City") and King County, a political subdivision of the State of Washington ("County"). WHEREAS, the North Lake, Redondo East, and Parkway annexation areas ("Annexation Areas") became effective on January 1, 2005, pursuant to City ordinances 04-479, 04- 480, and 04-481; and WHEREAS, as of the date of legal annexation of the areas, January 1, 2005, pursuant to state law, the City owns, and has the responsibility for the operation, safety and maintenance of all fonner County roads, bridges and rights-of-way located within the City limits together with all appurtenances located within such rights-of-way, including but not limited to, drainage facilities, environmental mitigation sites and monitoring projects, street lights, traffic signals and traffic signs; and WHEREAS, the City and the County want to facilitate an orderly transition of services associated with the Annexation Areas; and WHEREAS, the City and the County desire to mutually detennine the appropriate timing for the transfer of public records; and WHEREAS, the City and the County want to ensure a smooth transfer of ownership and maintenance of existing surface water facilities and have the County collect surface water management fees for the Annexation Areas on behalf of the City in accordance with the tenus of an existing agreement between the Parties; and WHEREAS, the County sheriff department and city police department have heretofore agreed upon a transition plan relating to policing services for the Annexation Areas; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized or provided for by the Growth Management Act, codified at Chapter 36.70A RCW, the Interlocal Cooperation Act, codified at Chapter 39.34 RCW, and other Washington law, as amended; NOW THEREFORE, in consideration of the mutual tenus, provisions and obligations contained herein, it is agreed by and between the City and the County as follows; 1. TERM. This Agreement shall be deemed to take effect retroactively as of January 1, 2005, following the approval of the Agreement by the official action of the governing bodies of each of the Parties and the signing of the Agreement by the duly authorized 1 representative of each of the Parties, and shall continue in force for a period of five years. 2. RECORDS TRANSFER. The County shall transfer to the City all design and engineering drawings, as built drawings, improvements to and facilities of the right of ways, and maintenance records related to Roads and Surface Water Management in the Annexation Areas. The County shall also provide such other specific records as the City may request in writing from the County, The County shall make its best effort to provide the records within 30 days of the execution of this Agreement or with respect to records other than those specified in the first sentence of this section, within 30 days of written request from the City. If records have been archived, the County will notify the City that an additional 15 days may be required to retrieve the records. The County may elect to provide original records or copies of records. The County shall not be required to create records or compilations that have not already been created or to provide records that cannot be located after a diligent search. 3. SURFACE WATER MANAGEMENT. a. Transfer of Drainage Facilities and Drainage Facility Property Interests. 1. The County hereby transfers to the City, and the City hereby agrees to assume ownership and full and complete responsibility for the operation, maintenance, repairs, and any subsequent improvements to the drainage facilities ("Drainage Facilities") identified in Exhibit A attached hereto and incorporated herein by reference. The Parties both acknowledge that upon January 1, 2005, the effective date of annexation, the City undertook operation and maintenance of the facilities identified in Exhibit A, in anticipation of the execution of this Agreement. 11. The County agrees that as soon as reasonably possible after the parties have executed this Agreement it will convey by quit claim deed in substantially the form in Exhibit B attached hereto and incorporated by reference, to the City, and the City agrees to accept, the drainage facility property interests ("Drainage Facility Property Interests") identified in Exhibit C, attached hereto and incorporate herein by reference, subject to all rights, conditions, covenants, obligations, limitations and reservations of record for such property interests. The City agrees to abide by and enforce all rights, conditions, covenants, obligations, limitations and reservations for the Drainage Facility Property Interests. b. Condition of and Responsibility for Operations, Maintenance, Repairs, and Improvements of Drainage Facilities and Drainage Facility Property Interests. 1. The City agrees to accept the Drainage Facilities and Drainage Facility Property Interests in AS IS condition, and to assume full and complete responsibility for all operations, maintenance, repairs, and improvements of the Drainage Facilities and Drainage Facility Property Interests. 2 ii, King County does not make and specifically disclaims any warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose, with respect to the Drainage Facilities and Drainage Facility Property Interests, and no official, employee, representative or agent of King County is authorized otherwise. c. Environmental Liability related to the Drainage Facilities and Drainage Facility Property Interests. i. "Hazardous Materials" as used herein shall mean any hazardous, dangerous or toxic wastes, materials, or substances as defined in state or federal statutes or regulations as currently adopted or hereafter amended. ii. Nothing in this agreement shall be deemed to waive any statutory claim for contribution that the City might have against the County under federal or state environmental statutes that arises from hazardous materials deposited or released on the Drainage Facilities or Drainage Facility Property Interests by the County during the County's period of ownership. The City may not, however, assert such a claim to the extent that the City creates the need for or exacerbates the cost of remediation upon which a statutory claim for contribution is based as a result of the City performing construction activities on, changing the configuration of, or changing the use of the Drainage Facilities or Drainage Facility Property Interests. iii. If the City discovers the presence of hazardous materials at levels that could give rise to a statutory claim for contribution against the County it shall immediately notify the County in writing. The parties shall make their best efforts to reach agreement as to which party is responsible for remediation under the terms of this Agreement prior to undertaking any remediation. iv. In no event shall the County be responsible for any costs of remediation that exceed the amount necessary to satisfy the state or federal agency with jurisdiction over the remediation. d. Indemnification related to Drainage Facilities and Drainage Facility Property Interests. i. King County shall indemnify and hold harmless the City and its elected officials, officers, agents or employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising from those occurrences related to the Drainage Facilities and Drainage Facility Property Interests that occurred prior to January 1, 2005, except to the extent that indemnifying or holding the City harmless would be limited by Section 3(c) of this 3 Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against the City or the City and King County, King County shall defend the same at its sole cost and expense and, if final judgment be rendered against the City and its elected officials, officers, agents and employees or jointly against the City and King County and their respective elected officials, officers, agents and employees, King County shall satisfy the same. ii, The City shall indemnify and hold hannless King County and its elected officials, officers, agents and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising from those occurrences related to the Drainage Facilities and Drainage Facility Property Interests that occur on or after January 1, 2005, except to the extent that indemnifying or holding the County hannless would be limited by Section 3( c) of this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against King County or King County and the City, the City shall defend the same at its sole cost and expense and, if final judgment be rendered against King County and its officers, agents and employees or jointly against King County and the City and their respective officers, agents and employees, the City shall satisfy the same. iii. Each Party to this Agreement for a period of three years following transfer shall immediately notify the other of any and all claims, actions, losses or damages that arise or are brought against that Party relating to or pertaining to the Drainage Facilities and Drainage Facility Property Interests. iv. Each Party agrees that its obligations under this paragraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify the other party. v. The provisions of this Section 3 shall survive the expiration or tennination ofthis Agreement. 4. COLLECTION OF CITY DRAINAGE FEES. The parties agree that in accordance with the tenus of that certain agreement executed by the Parties in 1992 and amended in 1997 (the "drainage fees collection agreement"), the County on behalf of the City shall bill for and collect the City's surface water management fee within all areas of the city limits, including the Annexation Areas, and said drainage fees collection agreement shall be deemed amended as necessary to accomplish this, until such agreement may be otherwise modified or tenninated. 4 5. JAIL SERVICES. All misdemeanor crimes that occur in the annexation areas prior to the date of annexation will be considered crimes within the jurisdiction of King County for the purposes of determining financial responsibility under the Interlocal Agreement for Jail Services, All misdemeanor crimes that occur in the annexation areas on or after the date of annexation will be considered crimes within the jurisdiction of the City of Federal Way for the purposes of determining financial responsibility under the Interlocal Agreement for Jail Services 6. POLICE SERVICES, On the effective date of the annexation, police service responsibility within the annexation areas transferred to the City. Criminal cases and investigations pending in the County prior to the effective date of the annexation remain the responsibility of the County. The parties have heretofore agreed to implement the police transition plan attached hereto at Exhibit D. In addition to the provisions of that transition plan, the parties further agree as follows: a. Sharing of community infonnation: The County agrees to provide lists that the County may have regarding the annexation areas to the City upon request. These lists may include, but are not limited to: members of block watch programs, community groups, and/or homeowner's associations. b. Annexation of Emergency Response (911) Services: The City and County agree to coordinate emergency response services to preserve the safety of those in the annexation areas. c. Records Retention Policy. The parties acknowledge that state law authorizes the retention, destruction and archiving of police records on a basis other than provided for general public records. Nothing in this agreement shall require either party to alter their policies with respect to police records so long as such policies are consistent with state law. 7. ADMINISTRATION AND CONTACT PERSONS. The Parties stipulate that the following persons shall be the administrators of this Agreement and shall be the contact person for their respective jurisdiction. City of Federal Way: King County: City Manager City of Federal Way 33325 8th Avenue South P.O. Box 9718 Federal Way, Wl\ 98003-9718 Deputy County Executive King County Courthouse Suite 4000 516 Third Avenue Seattle, W A 98104 8. COMPLIANCE WITH LAWS. Each Party accepts responsibility for compliance with federal, state, or local laws and regulations. Specifically, in meeting the commitments encompassed in this Agreement, all parties will comply with the 5 requirements of the Open Meetings Act, Public Records Act, Growth Management Act, State Environmental Policy Act, and Annexation Statutes. The Parties retain the ultimate authority for land use and development decisions within their respective jurisdictions as provided herein. By executing this Agreement, the Parties do not purport to abrogate the decision-making responsibility vested in them by law. 9. INDEMNIFICATION. The following indemnification provisions shall apply to the entirety of this Agreement except for Section 3 concerning Drainage Facilities and Drainage Facility Property Interests, which Section shall be controlled exclusively by the provisions therein. a. The County shall indemnify and hold hannless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any of them, in perfonning obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense, provided that the City retains the right to participate in said suit if any principal or governmental or public law is involved, and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. b. The City shall indemnify and hold hannless the County and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the City, its officers, agents, and employees, or any of them, in perfonning obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the county, the City shall defend the same at its sole cost and expense, provided that the County retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgment be rendered against the County and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees or any of them, the City shall satisfy the same. c. The City and the County acknowledge and agree that if such claims, actions, suits, liability, loss, costs, expenses and damages are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this section shall be valid and enforceable only to the extent of the negligence of each party, its agents, employees and/or officers. 6 d. The provisions of this Indemnification Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 10. GENERAL PROVISIONS. a. Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. b. Filing. A copy of this Agreement shall be filed with the Federal Way City Clerk and recorded with the King County Auditor. c. Records. Until December 31, 2011, any of either party's records related to any matters covered by this Intergovernmental Agreement not otherwise privileged shall be subject to inspection, review, and/or audit by either party at the requesting party's sole expense. Except as otherwise provided in Section 6( c), such records shall be made available for inspection during regular business hours within a reasonable time of the request. d. Amendments. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. e. Severability. If one or more of the clauses of this Agreement is found to be unenforceable, illegal, or contrary to public policy, the Agreement will remain in full force and effect except for the clauses that are unenforceable, illegal, or contrary to public policy. f. Assignment. Neither the City nor the County shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. g. Successors in Interest. Subject to the foregoing Subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs, and assigns, h. Dispute Resolution. The Parties should attempt if appropriate use a formal dispute resolution process such as mediation, through an agreed upon mediator and process, if agreement cannot be reached regarding interpretation or implementation of any provision of this Agreement. All costs for mediation services would be divided equally between the Parties. Each jurisdiction would be responsible for the costs of their own legal representation. 1. Attorneys' fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this 7 Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. j, No waiver. Failure of either the County or the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. k. Applicable Law. Washington law shall govern the interpretation of this Agreement. King County shall be the venue of any arbitration or lawsuit arising out of this Agreement. 1. Authority. Each individual executing this Agreement on behalf of the City and the County represents and warrants that such individuals are duly authorized to execute and deliver the Agreement on behalf of the City or the County, m. Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth above in Section 9. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the addresses set forth above in Section 9. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. n. Perfonnance. Time is of the essence of this Agreement and each and all of its provisions in which perfonnance is a factor. o. Equal Opportunity to Draft. The Parties have participated and had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. p. Third Party Beneficiaries. This agreement is made and entered into for the sole protection and benefit of the parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. IN WITNESS THEREOF, the Parties have executed this Agreement. CITY OF FEDERAL WAY: KING COUNTY: David H. Moseley, City Manager Date: Date: ATTEST: ATTEST: N. Christine Green, CMC, City Clerk 8 DATED: Approved as to Fonn: Patricia A. Richardson, City Attorney K:\Jnterlocal\FW Annex ILA FINAL DATED: Approved as to Fonn: 9 King County facili ¡file # 091820 091821 091822 092368 092480 092625 Exhibit A Drainage Facilities Transferred to City Facility Name Address Facility Elements Dedicated Tract? Regency Woods Oiv. 1 pond 1 3720019111 Way S. Wetland, pond, ditch, Y - Tract E ve etated ditch, 3769418111 PI. S. Pond Y - Tract H 37546 21st Ave. S. Pond Y - Tract I 1405 S. 282nd PI. Wet ond, and Y - Tract A 3680019111 Ave. S. Pond N 3712317111 Ave. S. Pond Y - Tract C 10 Exhibit B Form of Quit Claim Deed AFTER RECORDING RETURN TO: City of Federal Way QUIT CLAIM DEED GRANTOR - KING COUNTY GRANTEE - CITY OF Federal Way LEGAL - - TAX NO. - N/A The Grantor, KING COUNTY, WASHINGTON, a political subdivision of the State of Washington, for and in consideration of mutual benefits, receipt of which is hereby acknowledged, conveys and quit claims unto the Grantee, the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington, those certain real property interests, as legally described in ExhibitA, attached hereto and made a part of this Deed: Dated this day of ,2005. KING COUNTY; WASHINGTON BY TITLE 11 STATE OF WASHINGTON ) ) SS ) COUNTY OF KING I certify that signed this instrument, on oath stated that he was authorized by the King County Executive to execute the instrument, and acknowledged it as the of King County, Washington to be the free and voluntary act of said County for the uses and purposes mentioned in the instrument. Dated NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires 12 Exhibit C Drainage Facility Property Interests Transferred to the City Tract A, Applewood, as recorded in Volume 142 of Plats, pages 56-59, records of King County, Washington. (Tax Acc't No. 025130-0340) Tract E, F, H, I, Regency Woods Division #1, as recorded in Volume 154 of Plats, pages 81-97, records of King County, Washington. (Tax Acc't. No. 721265-2240, 721265- 2250,721265-2270,721265-2280) Tract C, Regency Woods Division #2, as recorded in Volume 156 of Plats, pages 16-20, records of King County, Washington. (Tax Acc't. No. 721266-1090) Easement over Tract T for temporary stonn drainage facilities, Regency Woods Division #1, as recorded in Volume 154 of Plats, pages 81-97, records of King County, Washington All drainage easements dedicated to King County or the public in the following recorded plats: Redondo East - Plat name: Recording Number: Parkway - Plat Name: Recording Number: Plat Name: Recording Number: Northlake - Plat Name: Recording Number: Plat Name: Recording Number: Plat Name: Recording Number: Plat Name: Applewood 198802160998 Regency Woods Div 1 199401111218 Regency Woods Div 2 199104230427 Equitys Uplands Div. No.2 196604126013442 Heatherwood Lane 20040309001515 Northlake Ridge Div 1 20040121001558 Northlake Ridge Div 2 13 Recording Number: Plat Name: Recording Number: Plat Name: Recording Number: Plat Name: Recording Number: Plat Name: Recording Number: 20041207000341 Goldmaur 196811266439614 Northlake Shorelands Unrecorded North Lake Village Addition Unrecorded Richards Northlake Acres Unrecorded The following declarations of covenant: Declaration of Covenant filed under recording number 9605290589 over Lot "B" of short plat no. 976004 as recorded under auditors file no. 7612090656; being a portion ofthe north 166.00 ft. of the Southwest quarter of the Northwest quarter of sec. 33, twp. 22 N., rge. 4E, W.M., in King County, Washington, lying between the Seattle-Tacoma Highline Co. Road (16th Ave. So.) and State Road No.1 (Pacific Hwy. So.,) except the South 60.00 ft. of the West 100 ft. thereof. Declaration of Covenant filed under recording number 19991015000763 over lots 1,2,3 and Tract X of King County Short Plat No. 978056 according to the Short Plat filed under King County Recording No. 7907060921. 14 Exhibit D Federal Way Police Services Transition Plan The City of Federal Way will annex the areas of North Lake, Parkway and Redondo East effective January 1, 2005. Police-related transition considerations are described in this document. ,- - - - - - - - - - -- - - - - - - - - - - - - - _n - - - - - -- - - - - - - - - - - - - - - - - --- - - - - -- - - u - - - - - - -- --- - - - - - - - - - U - - - --- - - - - - 0 - - - - - - 0-- 0 - - - 0 0 Official Effective Date: Midnight, December 31, 2004 Desired outcomes 1. The King County Sheriffs Office and City of Federal Way share a goal to work together to ensure that the transition is conducted in a professional manner, and that there are no breaks in service for the residents of the annexation areas. Roles and responsibilities 1. The KCSO Contracts Unit is responsible for: a. Facilitating the transition process. b. Ensuring that all transition elements are addressed and completed. c. Working with Precinct Three to address operational components of change. d. Working with non-precinct KCSO units to ensure smooth transition. e. Serving as primary contact for city of Federal Way. 2. The KCSO Precinct Three is responsible for: a. Ensuring the operations are smoothly transitioned, including crime information as requested by Federal Way. 3. The City of Federal Way, including its police department, is responsible for: a. Ensuring that the police department is able to provide service in to the annexation areas beginning at 12:01 a.m. on January 1, 2005. b. Determining the information needed from the KCSO regarding crime, detective cases, or other law enforcement activities. c. Requesting the information identified above in a timely manner. Workload 1. Records a. The KCSO will retain all original records for events happening before effective annexation date. We will provide copies of the records upon written request from the Federal Way Police Department, following KCSO protocols. 2. Fingerprinting and Concealed Weapons Permits a. Federal Way residents can continue to receive these services at KCSO locations, or may go to the Federal Way Police for these services. 3. Sex offender tracking, contacts, and notifications a. Federal Way will become responsible for holding community meetings for any sex offenders living in the annexation areas, with the exception of already- scheduled meetings. Further, they will be responsible for all legally mandated contacts. The KCSO retains responsibility for sex offender registration. 4, Investigations a. KCSO detectives will continue to handle all investigations that are active at the date of annexation, unless otherwise negotiated with the city. At Federal Way's request, we will arrange for an information exchange with city detectives in order to pass on information regarding any cases that they will investigate. 15 Emergency 9-1-1 Services (Communication & Dispatch) 1. Federal Way Police will be responsible for ensuring that their communications and dispatch services are prepared to take annexation area calls beginning at 12:01 a.m. on January 1, 2005. This includes arranging for such 9-1-1 calls to be directed to the proper communications center. 2. The KCSO will be responsible for discontinuing communication and dispatch service to the annexation areas at midnight on December 31, 2004. They will assist Federal Way's communications service in making the switch, with Federal Way having primary responsibility. Notification to affected units 1. The KCSO Contracts Unit will notify all KCSO units of the annexations, and will work with them to resolve any concerns. 16 ,.....,....",..........,._mm ..".."""""""""""'._..m. ................................m_._m_...._.._m"","""""""""""""""""""....m.._..-mm. ---~Cj? MEETING DATE: June 7, 2005 CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Approve quote for 7 replacement laptops in police vehicles. -"""""..,......,...m--"._mm. mm._..,......................mm'_"_--"'...................,..m .....,..,.......""..,......_mm. """"'........."",.......,....mmm._mm__._._.-.-...""',""""""""""""""",.................m._._m--..- mm.._mm ,"""-"""""""............,........................................m. mm__'__mm.._....._'.._m" CATEGORY: BUDGET IMP ACT: x 0 D CONSENT RESOLUTION CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ mm._..""""""""""""", mm""""'"........................_.__m..""""""""""""""" """"""""""""""""" mm._.___..-..-._.___mm_.""""""""""""""""""""""""",..m......m...._....._...m ..m--"_m.._m.._.._mm. m"""',""","","""""""""""""""""'"""""""""",, ATTACHMENTS: Staff memorandum to FEDRAC at their May 24,2005, regular meeting and quotes comparison sheet. """"""""""'--'--"-"".""'" ,..... ,,-- mmmmm. _m.""""""""""" ..--m"_'-'-'m__.."""""""""""""'--'--'-""""""""'" """'__._mm_..- ._m.. -........ ,........ """""""""""""""""""""'--'____m.___m.__mm. SUMMARY /BACKGROUND: ......,............................,....,......,...,...,...,............. mm'____.____m.m During the 2005/2006 budget review Council approved the replacement of 7 laptops in police cars in 2005. City staff reviewed the current inventory of the laptops in police cars and identified seven of the current mobile laptops which were purchased in 1998/99 and are due for replacement. Staff also reviewed three most commonly used rugged laptops in police cars (Motorola, Panasonic, & Itronix), compared and evaluated their ease of use, features, costs, and compatibility, and the Ironix laptop met the City's needs best. Finally staff requested quotes for Itronix laptop with specific configuration and received quotes from three of the major distributors of these systems (attached.) Staff is requesting Council's approval of the quote from CDW for a total of$31,987.13 for seven ruggedized police laptops including tax with recommendation to full council for final approval. ....,........ ,. '.."""""'..mmm_m.._."""" ,..., .....,..., ......_m___m.._.."""".""""""" ...........m._._.._..-.-..'."" ..................m.._._m_..___..""""""" ......,..... ............" ...._m.."..-_.._.__.___mmm.._____""",~-"""""." ....,......, .......,...,.... ......,...... ...,., ...,.,..... ,...... ............,.,.....,..,.....-.._".."....m.._.."_....,,m._m".._._.._m_mmm_..- CITY COUNCIL COMMITTEE RECOMMENDATION: FEDRAC recommended approval of the quote from CDW for $31,987.13, including tax, for 7 ruggedized police laptops. PROPOSED MOTION: "I move to approve the quote from CDW for $31,987.13, including tax, for 7 ruggedized police laptops." ~~~-~------ (BELOW TO BE COMPLETED BY CITY CLERKS OFFTCE) ......_m.._m__m..___.__.._._mm. COUNCIL ACTION: D 0 D D APPROVED DENIED T ABLEDIDEFERRED/NO ACTION MOVED TO SECOND READING (ordillatlce~' only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 K: \fed ra c\200 5\0504 \P S I a ptop- Age nd a . doc CITY OF FEDERAL WAY MEMORANDUM Date: To: Via: From: Subject: May 18, 2005 Finance, Economic Development and Regional Affairs Committee David H. Mo~~Manager Mehdi Sadri, InforÌ11ation systems Manager /"'I' Approval of bid for the Purchase of Police laptops BACKGROUND: During the 2005/2006 budget review Council approved the replacement of 7 laptops in police cars in 2005. City staff has reviewed the current inventory of the laptops in police cars and identified seven of the current mobile laptops which were purchased in 1998/99 and are due for replacement. Staff also reviewed three most commonly used rugged laptops in police cars (Motorola, Panasonic, & Itronix), compared and evaluated their ease of use, features, costs, and compatibility, and the Ironix laptop met the City's needs best. Finally staff requested quotes for Itronix laptop with specific configuration and received quotes from three of the major distributors of these systems. (attached) Staffis requesting committee's approval of the quote from CDW for a total of$31,987.13 for seven b~d police laptops including tax with recommendation to full council for final approvaL r v»....L:.~ COMMITTEE ACTION: Approve the quote from CDW for a total of$31,987.13 for seven ~d police laptops including tax with recommendation to full council for final approvaL ru~:; c.J.:.z.c.J..-. ~ï;~~E: Col11l11illcc ChaiJ' k: \fedrac \2005\0524 \ps 1 aptop .doc E) \\\ ~ RFQ RESPONSES FOR PATROL CAR LAPTOPS I I 5-May-05 ~~ ---- , - - -----~---~ ~~ -~- - ~-- ---- ~- --- -- I---~-- --~----~-~- -- ~- - - - ~- - -- ---- --I- ---- - --- Vendor ! CDW - Group Mobile - AutolD ~-~--- - -- ---~--- -~1~~-- I Seven - Itronix GoBoo\< III Ix260, 1,8GHz, 512MB, 12,1 Screen, $ 29,399.93 $ 31,605.00 $30,310,00 40GB Hard Drive, 56K Modem, 10/100 Ethernet LAN, ~ 802,11 b+g Wireless LAN, Bluetooth Wireless, Sprint CDMA Wireless Communication, Backlit Keyboard, Microsoft XP Pro, -. AC Adapter, three year warranty , - I ~~-~ §hipping ~---- Free Free ¡Free ------~---- Iax ~--- $ 2,587.20 ! $ 2,781.24 $ 2,667.28 ~ Total $ 31,987.13 $ 34,386.24, $ 32,977,28 Delivery Time 2-4 Weeks 2-4 Weeks i I 2-4 Weeks ; i I , This is a brand new model with very limited vendor distribution. i f~(r/bJIZ' <'tJtJ¿jc,'J ( t~- t:.- e:" ..) t..- J., (!) fI (j'? v~{' Ç-/7/o~ MEETING DATE: June 7, 200S "..,......"""..-..""..-....."..-".."" '.."""""""""'-........--......"......--............- -------------......-----------------------....---......-- CITY OF FEDERAL WAY City Council AGENDA BILL ITEM# :JL-,(l) SUBJECT: Tourism Enhancement Grants CATEGORY: x ORDINANCE PUBLIC HEARING OTHER CONSENT RESOLUTION CITY COUNCIL BUSINESS BUDGET IMPACT: Amount Budgeted: Expenditure Amt.: Contingency Req'd: $30,000 $12,300 $0 -------------------_..,..,..,..................--..----------------------"-"""""""""""'-"""---------"-------------"""""""""""'""",----------------------- ,....".._-"------------------------------------,,----_....,,,.."""""""""""""""""""""""'-"--------------------------------- --------------------..-,,--........,......,......,..,..,..................,.......,....,......,... """"""---"""'-------....-_......_------,,--- ATTACHMENTS: Exhibit A - memo to FEDRAC and attachments ............................""......"---........--........"....................,,.. ......",,_........................,..,..,........,............-.."--,,_............- "..-"....,....""....,............----"---......",, -............--......-........--......"--........................--........-""......,,..........................................................................."............"" ............--......--......"".."-....,,-..,,..,.., SUMMARY /BACKGROUND: Two rounds of the Tourism Enhancement Grant are included in the Lodging Tax Advisory Committee's work program and budget for 2005. The total amount budgeted for grant awards of$30,000. These grants are intended for not-for-profit organizations engaged in sports or cultural events in Federal Way that will bring out- of-town visitors to the City. During this first round of grant applications for 2005, six applications were received, as detailed below: Federal Way Community CouncillFederal Way's Festival Days - 8/26-28 Centerstage Theatre Arts Conservatory Inc, "Five Christmases" -11/17-12/11 KING Aquatic Club/2005 USA Swimming/SPEEDO Championship Series Western Region Section Long Course Championships-7/14-17 Kikaha '0 Ke Kai Outrigger Canoe Club, Ho'olaule'a Sprints-6/25 Federal Way Float AssociationlFederal Way's Official Visitation F10at-8/27 Annual "Summer Knights" Baseball Tournament-8/17-21 A copy of each application submittal is attached to Exhibit A to this memo. PROPOSAL $ 7,500 $ 7,500 $10,000 $ 1,000 $10,000 $ 2,000 After considering recommendations from its Tourism Enhancement Grant Review Subcommittee, the Federal Way Lodging Tax Advisory Committee (L T AC) reviewed each of these applications at its 5/06/05 meeting. The LTAC's unanimous recommendations are as follows: Federal Way Community CouncillFederal Way's Festival Days - 8/26-28 Centerstage Theatre Arts Conservatory Inc, "Five Christmases" -11/17-12/11 KING Aquatic Club/2005 USA Swimming/SPEEDO Championship Series Western Region Section Long Course Championships-7/14-17 Kikaha '0 Ke Kai Outrigger Canoe Club, Ho'olaule'a Sprints-6/25 $ 5,000 $ 2,500 $ 3,000 $ 800 Federal Way Float AssociationlFederal Way's Official Visitation Float~8/27 Annual "Summer Knights" Baseball Toumament~8/17-21 $ 0 $ 1,000 The recommended grant funding for this first 2005 round totals $12,300, leaving $17,700 available for the second 2005 grant round, ".."....-,..--,..__........._---_............,-""""," -"""""""""--",---""",-"""""""""""""",,,"'-"'---"-----"""""'"...."""..................--------.............. ---.._,..,..,....,..""""""""""".."...""-"""..,,...-"""""""-"--"'-"-----......-".... """""""'-""""-"---"'----"""---"----",-"",---,,-----------,,,----------- CITY COUNCIL COMMITTEE RECOMMENDATION: On 5/24/05 the FEDRAC recommended that City Council approve the following Tourism Enhancement Grant awards: 'p'e'derafWay"'Comm u n i ty'CounCiflFe-derai"\Vay';'sPest[vafDays ~ 8 / 26=28""""""""""""""""""""""$""5';'000"""""""""""""""""""""""""""""""""""""""""""""'" Centerstage Theatre Arts Conservatory Inc, "Five Christmases" -11/17-12/11 $ 2,500 KING Aquatic Club/2005 USA Swimming/SPEEDO Championship Series Western Region Section Long Course Championships~7/14-17 Kikaha '0 Ke Kai Outrigger Canoe Club, Ho'olaule'a Sprints~6/25 Federal Way Float AssociationlFederal Way's Official Visitation Float-8/27 Annual "Summer Knights" Baseball Toumament~8/17-21 $ 3,000 $ 800 $ 0 $ 1,000 """---"""--..-..--..""""-""""""""""""'" ......----...-...........---..--......-,-..................."'......""".."'..-..-..-,,-......--...---"""---""'-""'--"'-"""'--"-"-"'-"'----"'----"---...--------"""- """""""""""""""'-""""""'- PROPOSED MOTION: "I move to approve the Tourism Enhancement Grant awards, as recommended by FEDRAC." ..-,-,-.."....",..",....."""""""...- ..-....-.........-..............."""'............- ......-"...-------......-----......-...-...------..---..--..........-...----.......--.........-..------....-....... ...--,-........--..-..-..-,..-----..,--..........---......- CITY MANAGER APPROVAL: ~ , (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D T ABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 04/2812003 CITY OF FEDERAL WAY MEMORANDUM Date: To: Via: From: Subject: May 19, 2005 Finance, Economi D elopment and Regional Affairs Committee David H. Mo i anager Patrick Dohe uty Director, Community Development Services Tourism Enhancement Grant awards BACKGROUND Two rounds of the Tourism Enhancement Grant are included in the Lodging Tax Advisory Committee's work program and budget for 2005. The total amount budgeted for grant awards of $30,000. These grants are intended for not-for-profit organizations engaged in sports or cultural events in Federal Way that will bring out-of-town visitors to the City. During this first round of grant applications for 2005, six applications were received, as detailed below: Federal Way Community CouncillFederal Way's Festival Days ~ 8/26-28 Centerstage Theatre Arts Conservatory Inc, "Five Christmases" -11/17-12/11 KING Aquatic Club/2005 USA SwimminglSPEEDO Championship Series Western Region Section Long Course Championships- 7 /14-17 Kikaha '0 Ke Kai Outrigger Canoe Club, Ho'olaule'a Sprints.------6/25 Federal Way Float AssociationiFederal Way's Of1ïcial Visitation Float-8/27 Annual "Summer Knights" Baseball Tournament-8/17-21 A copy of each application submittal is attached to this memo, $ 7,500 $ 7,500 $10,000 $ 1,000 $10,000 $ 2,000 After considering recommendations from its Tourism Enhancement Grant Review Subcommittee, the Federal Way Lodging Tax Advisory Committee (LTAC) reviewed each of these applications at its 5/6/05 meeting. The LTAC's unanimous recommendations are as follows: Federal Way Community Council/Federal Way's Festival Days - 8/26-28 Centerstage Theatre Arts Conservatory Inc, "Five Christmases" -11/17-12/11 KING Aquatic Club/20OS USA SwimmingiSPEEDO Championship Series Western Region Section Long Course Championships- 7 /14-17 Kikaha '0 Ke Kai Outrigger Canoe Club, Ho'olaule'a Sprints.------6/25 Federal Way Float Association/Federal Way's Official Visitation Float-8/27 Annual "Summer Knights" Baseball Tournament-8/17~21 1=1 $ 5,000 $ 2,500 $ 3,000 $ 800 $0 $ 1,000 Memo to FEDRAC re TEG awards May 19,2005 Page 2 of3 The L T AC recommends that no grant money be awarded to the Federal Way Float Association for the Federal Way's Official Visitation Float, The L T AC declded that the request was inel1g1ble to receive a grant from the TEG funds since the funds would be used for parade entry fees, transportation and capital campaign related expenses, which are not expenses intended to be covered by TEG monies. In addition, the TEG criteria also contemplate that events be funded and the L T AC members were not convlnced that the float qualifies as an event per se. The members also felt that although the float represents a worthwhile tourism promotional project, the nature of the project makes it ineligible for the TEG fund and recommends the Federal Way Float Association to approach the L T AC for more appropriate funding sources. There is also a question of the Association's non-profit tax status since its tax ID is identical to Federal Way Community Council's ID. The LTAC recommends a contingent grant of$5,000 for the Federal Way Community Council's request for the Federal Way's Festival Days upon the submission of its 2004 TEG Post Event Summary Report by July 1, 2005. For "Five Christmases," a play adapted by John Forster presented by Centerstage Theatre Arts Conservatory Inc., the LTAC recommends $2,500 be awarded. The L T AC recommends $3,000 be awarded to the KING Aquatic Club for the 2005 USA Swirnming/SPEEDO Championship Series Western Region Section Long Course Championships. The L T AC recommends that the Kikaha '0 Ke Kai Outrigger Canoe Cub's Annual Ho'olaule'a Sprints receive $800 to cover the projected expenses in order to host the event in the city. For the Annual "Summer Knights" Tournament, the LTAC recommends a contingent grant of$I,OOO grant upon the receipt of the organization's approved IRC 501c non- profit status by July 1, 2005. The recommended grant funding for this first 2005 round totals $12,300, leaving $17,700 available for the second 2005 grant round. STAFF RECOMMENDATION Staff concurs with the L T AC recommendation to approve the Tourism Enhancement Grant awards, as recommended by L T Ac. COMMITTEE ACTION Approve thc award ofthe following Tourism Enhancement Grants: FL Memo to FEDRAC re TEG awards May 19, 2005 Page 3 of 3 $5,000 to Federal Way Community Council/Federal Way's Festival Days contingent on the submission of its 2004 TEG Post Event Report by July 1,2005 $2,500 to Centerstage Theatre Arts Conservatory Inc, for Five Christmases, a play adapted by John Forster $3,000 to KING Aquatic CIub12005 USA Swimming/SPEEDO Championship Series Western Region Section Long Course Championships $800 to Kikaha '0 Ke Kai Outrigger Canoe Club, Ho'olaule'a Sprints $0 to Federal Way Float Association/Federal Way's Official Visitation Float $1,000 to Annual "Summer Knights" Baseball Tournament contingent on the approval of its non-project IRC SOle tax status by July 1,2005 1==3 )"1 -c City of Federal Way Lodging Tax Advisory Committee May 6,2005 -- '--- . . - "'-- - ',.. - Grant -. - . -- . - ~ - - - -'.- - '.;. Fullfillment - . - -. - <;--;:!- ';-",-' - -, þ --' " -. -;:,( (s~.~~),ssion of - . - -' . -,. --- -- --...- e: -.,i:t:c '~~ ~~6t~ii:: -:.::", .:,: ',-~: ~~f-å~;~ij:!j;;t ~- .;,-/.-/::/- 'e~, . \ -\~., - -- '", -x(':o:;, Suþ'commlttee -.~ Past Event - --. Orcimization Name/Event Nåme Ev~rit Da~'~ .":ûi -- ---.... -,-.. Previous Grant Reo a rt)----"-:' , ReQuested Reca m m e nètat io-n~ \ 55.000 contingent Federal Way Community Council/Federal August 26.27 upon '04 Post Fall '02 - $5K Fall '02 - No ¡Way's Festival Days & 28, 2005 $7,500 Event Report Fall '03 - S8K Fall '03 - No Centerstage Theatre Arts Conservatory IncJ"Five Christmases" a play adapted by Nov. 17-Dec, Spring '04 John Forster 11,2005 57,500 52.500 53.000 Yes KING Aquatic Club!2005 USA ;Swimming!SPEEDa Championship series - Western Region Section Long Course July: 4 -17, - Cha m oion ships 2005 510.0001 $3,000 So, '03 - 510K So. '03 - Yes Club!Kikaha a Ke Kai Annual Ho'olaule'a June Sprints 25,2005 51,000 $800 SorinQ '04 51 K Yes Federal Way Float Association/Federal Way's affical Visitation Float AuÇJ 27.2005 $~O,OOO SO NA Federal Way Knights Baseball Club/First , S1 ,000 contingent Annual "Summer Knights" Baseball ]~Ugust 18- upon approval of Tournament 21,2005 ' 52.000 IRC 501 c status :NA ITotal: 6 Applications »> 538,000 $í2,3001 The Lodging Tax Advisory Committee allocated $30,000 for the 2005 Tourism Enhancement Grants. TOURISM GRANT APPLICATION «Federal Way's Festival Days was a tremendous success this year. The rich culture and diversity of Federa/ Way was celebrated over the weekend. Thanks to the many volunJe.ers thaJ have made Festh'l1/ Days a signature event for our city. .. Dean McColgan Mayor. City of Federal Way "II takes hard work to build a community. Federal Way is blessed with l11<mY wonderful people who volunteer their time.. effort and taknJ to make our community a great plm:-~e to live. Federal Way'~' Festival Da.ys exemplifies the be~'t ofthû'. From the parade with its Grand Mlusha/l. jloai."i. marching band,. drilileam."i and hundred, of volunleer.fJ to the \'endor hoolhf and communiiy j'tage. the Federal Way'j- Fe.t'tit'a/ Day.t' have become a true community building evenL ... Linda Kochmar Deputy Mayor. City of FederaJ Way «Federal Way's FestÌ\-ul Day.'>- waf fanta.flic! One afthe be,')! festival'" that l have attended. I wiJI be back nexJ year! .. Fred Oldfield Grand MacsbaH~LocalArtisan 1=~ ,., GRANT APPLICATION GRANT APPLICATION INSTRUCTIONS: Read the entire packet, including the attached selection criteria before completing this application, Please type or print. Answer each question to the best of your ability- The BOARD does not provide funding for tournament entry fees, travel, lodging, meals, unifonns, equipment, coaches salaries, facility upgrades or capital çampaigns. If a question is not applicable to your event, simply write "N/A" in the space provided, Vou may mail or deliver your completed application to the address listed below, Attn: Patrick Doherty, TEG Application City of Federal Way P,O, Box 9718 Federal Way, WA 98063-9718 APPLICANT'S NAME: Bob Hitchcock, President . ORGANIZA nON: Federal Way Community Council, dba: Federal Way's Festival Days FEDERAL TAX ID: 91-0976982 IS A QUALIFIED 501<9 ORGANIZATION: Yes STREET ADDRESS: 32290 1st Ave, S" Federal Way, WA 98003, MAILfNG ADDRESS:P.O, Box 4274, Federal Way, W A 98063 DA YTlME Tclephone:(253) 838-8823 Fax: (253 ) 838-8355 Official Event Name: Federal Way's Festival Days Briefly describe the event (type of activity, male, female, co-ed, etc): Federal Way's Festival Days has been a local community event for 16 years. Last year, we continued to broaden our scope to bring people and athletes from all over Washington State to attend and be a part of this three-day festival. Last year, we held the festival in 5 different areas: The Commons at Federal Way: Main festival. Live Entert..linment Stage, juried arts and crafts, food vendors, commercial vendors and carnival. FC& " SeaTac Village: Live Community Stage, car show, bingo, food vendors, and inflatables for children, Helicopter Rides SeaTac Plaza: Parade: Starting point: Top Foods on Saturday late morning, The parade route: Starting at Top Foods, going up 24th street, turning right on 3l2'h, coming down 20lh street, turning right onto 316th and turning left onto 241h street and ending at the mall. 5K run/walk. To be held on Saturday morning prior to the parade. Last year we had over 90 participants. We had athletes from our neighboring cities and Federal Way. In addition, we had participant,> from as far as Everett and Portland, Or. We are anticipating 200+ athletes for the 2005 event Aquatic Center: Scope of Event (check I): Previous Hosts: .N/A Has this event ever been held in Federal Way? Yes Regional Has this event ever been held in King County? Yes If yes, when: August 27Ú1, 28th & 291h, 2004 Venue: The Commons at Federal Way, SeaTac Village, SeaTac Plaza and Aquatic Center. EVENT FINANCIAL INFORMATION SK RunlWalk Is a host fee required? Yes If so, what amount? $ 20 per Derson-$5 goingJowards a local charitY What is the projected number of tickets that will be sold? 200 I~ A verage ticket price: $20 Event's total estimated expenses: $3,500,00 Amount of expenses local host is responsible tor? $3,500.00 Events total estimated revenues? $4.00(lQQ What portion of the event's proceeds will be kept by the local host? $.!'Jgne 127 ., VENUE INFORMATION Proposed local venue: The Commons!!t Federal_WAY., SeaTac Plaza. Aguatic Center Location: Downtown Federal Way Proposed dates: AuglL.,t 26th, 27m and 28th, 2005 Have you confinned the availability of the proposed dates at the primary venue? YES Will you have a need for secondary or practice venues? NO TOTAL VENUE RENTAL (both competition and practice sites) $ MisccHenous equipment. electrical, golf carts, barricades. insurance, etc, Estimate: $5,000 ECONOMIC IMPACT How many participants will the event attract? ~OO+ for the 5K run/walk, 25 food vendors, 60 iuried arts !!!ld crafts vendors, 75 commercial vendors. How many teams/groups will the event attract? N/ A How far away will the (athlete/participants) travel (local, regional, national, international)? FrQŒ.1!. 75 mile radius of Federal W~ How many spectators will the event attract?~70,000 to 30.000 for the entire 3 day festival. How far away will spectators travel from? From a 75 mile radius of Federal Way, How many support (staff, vendor, ere) people will the event attract? 75-200 Of the numbers listed above, what percentage will require overnight lodging? Partipants Spectators_-_-,2~ 10% £;yent Staff Teams/Groups- 5% 1% Fß (. I GRANT AMOmi[ REQUESTEO:- .,~--- $10,000.00 How will these grant funds be utilized? Promotion outside of the Federal Way market area. Examples: Advertise in 77 community newspapers in Washington State highlighting this year's event. Over 1.3 million readers, Promote the Festival in the Seattle Times/P.I., Tacoma News Tribune and the Federal Way MiITor's Summer Guides. Advertise the Festival and Activities on Vashon Island and Kitsap County. Advertise on T.V,-King and UrN 11. Promote the Festival and Activities on the local Northwest Afternoon Program. Promote the festival in local newspapers via press releases Promoting the 5K run/walk on the website "On The Run" to get participants, Please list the other sources of financial support (sponsorship, etc.) which you have pursued: Source: Highline Community College S.. Francis Ho~pjtal Bally Total Fitness Target Committed: Committed: Yes Amount: $1500 Amount: $2,500 Committed: Committed: Yes Yes Amount: $750 Amount: $4,000 Yes The undersigned certifY the infonnatÎon provided above is true and accurate and any projections are based on history of similar events and activities that are available to the industry and adjusted to local conditions. ---- Applicant's Title:.- Date ~ ~ ,f /ßT t-1.'\ ,'. Briefly describe your organization's artistic and/or cultural heritage mission, For iridividuals, state purpose of your project and what you hope to accomplish. ~ Festival is an opportunity to showcase loc...al artists and performers that live in and around the Puget Sound area. To give the citizens of GrP--iHer Jeral Way the opportunity to see, hear and participate in a variety of cultural activities and perlormances. To be sensitive to all ages, their cultural ~kgrounds and physical abilities- To celebrate the many cultures that makes up our diverse community. We recognize and support the unique tural heritage and individual structure of each family- We accomplish these goals by giving people and organizations an opportunity to be a part :he festival by joining in the parade, demonstrations, vendor booths and on one of our stages, Briefly describe your organization's history and current programs. For individuals, what projects have you successfully completed or in which are you currently involved? ~ festival was originally organized as a part of the Washington Centennial Celebration. The Federal Way's Festival Days (formerly family Fest) nmittee is made up of active volunteer citizens from many organizations within our community who bring with them broad experience in putting ether a successful festival. As the only active branch of the Federal Way Community Council, we continue to reshape the organizations so that is I continue to serve and unite the Greater Federal Way Community. What are your priorities for the community and how is your organization responding to them? To bring together the Greater Federal Way Community in a celebration of it's unique characteristics and potential. We have succeeded in doing this by working closely with organizations and businesses that serve people of all ages and ethnic backgrounds, including our goveming agencies, to provide a fun, safe and inter-active community celebration. In doing this, we have created an event that will draw people into our community to see what federal Way has to offer. Describe your proposed services, Include the Federal Way venue, dates, times, populations served and e of audience. are presently working with the City to find a permanent location for Federal Way's Festival Days. Our goal is to have this festival be in the vntown core of Federal Way. We will continue to have the following: juried arts and crafts court, 5K run and family work, inter-active cultural ivai featuring two stages, food court, hands-on crafts for the children, carnival rides, parade, demonstration and vendor booths. Festival days ins on Friday, August 26' at 4 pm and ends on Sunday, August 28- at 6 pm. last year, we had over 25,000 people attend this event and we are "e than committed to have 30-40,000 people in 2005. Describe the participating artist/s, their qualifications, and what their performance entails, )ugh the year, we scout other festivals, events and parades to find talented juried arts & crafts, talented bands, performers, dance groups, clowns, ts, bands, puppeteers, et<:- This past year, we targeted groups from: The raste of [dmonds, Fremont Fair, University Arts & Crafts, Port Angeles festival, Auburn Good Ole Days, Waterland restival and the Taste of Tacoma. 2004 festival, our grand marshal of our parade was fred Oldfield. He is a major artistianin our area and painted throughout the festival at his th, He had commented to the committee that our festival was the best that he has ever been at. also have opportunities for local performing groups and individuals to perform on one our stages- We look for performers that have experience orming in public, but we also provide talent show times for these that are new to the stage. (All performances are screened before being ~pted). For the 2004 Festival, we spent over $27,000 in entertainment. The live entertainment includes ethnic performers and local name bands perform different types of music for every taste.!n 2004, we started the Federal Way Idol contest and worked with Mix 92.5 radio station. The ner of the contest will be singing the national ,mthem at a Sonic's game. On the stages we had: an up-an-coming Nashville star-Stacy Whited, )kcl,1 Hawaiian Street Band, ruxedo Junction, Allegro Dance, Puppet Show, Federal Way Idol, Taek Won Do Demo, Children's Karoake test, Country line Dancing, Kids Sidwalk Chalk Art Colltest and Swing Dance contest. How will the proposed services encourage arts and cultural heritage development in the community? Do you have specific plans for educational outreach? If so, please define. ~ral W<ly'S Festival Days provide<> a fun, safe-setting to observe and try a broad variety of activities, both artistic and cultural. We plan on :inually strengthening this aspect of the festival by reaching out to other groups and organizations that already provide such activities to people II ages, cultures to our citizens in our community. This way we receive an activity and the organization gets an opportunity to showcase what do all year through classes and rneètings, We are contacting churches, coinrnunity groups, service organizations, businesses, artists, youth and Jral groups to see if they would like to fund, produce or demonstrate arts and cultural activities- We seck to represent many cultures throughout . music, dance, crafts, etc- çtn. Wbat are ym" ur mcîin crÜllleligc is In' eluding parking. le-2004 festival was L her vendors about II" !Coming year. Wc '" 'e will need to contini ¡ ~ can have more li'- : .provc on the qualí., How will u,; e are excited to tell yc We are looking ay and the Festival s area. In return, the, ganization's challenges over the next two years? ," i We are working with the City to find a permanent location for the festival that has visibility and easy access ( ,¡lid we have started to build momentum for the 2005 festival. This will mean-other artisans and vendors talking to that they experienced at the festival, so more and more artisans and vendors will want to participate in the ¡he room to expand the festival. '.'. .case the audience through awareness and promotion. We also need to build local business support of the Festival so 'l ¡¡(Ires, t.v. advertising, print advertising, ete to bring people from the surrounding arcas to Federal Way, We need to ;dnmcnt on our stages. .:,'Ice (program/project) be promoted? lour promotion of the 2005 Federal Way's Festival Days: .1' money to build a float that promotes Federal Way and the Festival. This will heighten the awareness of Federal d11d more people will be coming to Federal Way. This float will be in attendance at the Community parades around :II be bringing their floats to our parade. Adv: ;'.7 community newspapers in Washington State highlighting this year's event. Over 1.3 million readers. Ad\'! i' festival's Events and Activities in Gail's Guide. Advc ,(; 'cstival/s Events and Activities in the Kitsap Peninsula's Entertainment Guide. Radio \ ~."te Live Remotes during the festival to encourage attendance and activities, T.V. Sf ,. >' or more T.V. Stations Pronh) , '.1, festival and Activities on the local Northwest Afternoon Program. PronIO!' "!cstival and Activities on the Federal Way Mirror website. Advert!:,' ,i,'. restival on South King ilrld Pierce County Metro Buses. Advertise; f ,e I ;cstival in the Tacoma News Tribune and Seattle Times Summer Guides Advertise Ii the Federal Way Mirror's Explore Federal Way edition- . Press Re¡,';<'~ regarding the Festival in the Mirror, Tacoma and Seattle papers. Promote I ,.rival Days on the Cities cable channel. Promote:'" I est ivai at Chamber luncheons, Breakfasts and After-hours. Ads in Ill( ;',)I(lOr to let readers know how they can participate at Festival Days or volunteer. Direc1 me"~ pieces promoting the Festival in Money-Mailer. Advertisin;< the festival in the Federal Way Chamber Newsletter Advertisi, ii, ¡(,(' SK run at sporting venues Posters aoC';ígns will be up and around the community 30 days prior to the Festival. Official f'r"t;¡arn of the Festival will be produced and inserted into the Federal Way Mirror the Wednesday prior to the evenL Banner Tails up in the downtown core of Fedcral Way 30 days prior to the Festival. 7,500 cor II," of the official program will be available free of charge to anyone that attends the festival. letters to ,.; "..' ,(;hoo/s will be mailed o'ut prior to school ending to get as many students involved in the parade and activities- Booth 3tthe .j' of July event to promote the upcoming festival. Butlons will be worn by all committee members and board members at least six months prior to the Festival. Buttons will be sold at local banks, and points of interest locations. 'ade s year, our parade was on Saturday, August 27- at 11 am. We had a new parade route that started at Top Foods. The parade route was: Starting at ) Foods, going up 24' street turning right on 312' street, coming down 20' street, turning right on 316. Street, turning left onto 24' street and ending he Festival. : had over 90 entries in the piJrade---our largest parade ever! Our theme was Western Days, and our local artist Fred Oldfield was our Grand rShil1. The Wells F,lfgo stagecoach which carried was a hit for all parade watchers. Fred Oldfield, Pete von Reíchbauer and Tom Murphy were 'ing a blast ill the 5tage coach.We had floats from the Marysville Strawberry festival, The Des Moincs Waterland Festival and the Masonic Lodge- F-ä Description: Locations: Attendance: Dates: Times: Events: ,. A fun 17th annual Citywide event in Federal Way, The Commons at Federal Way 30,000-40,000 people August 26th, 27th & 28th, 2005 Friday, August 26th-Opening Day- 4 pm to 10 pm Saturday, August 27th: 11 am to 9 pm Sunday, August 28th: 11 am to 6 pm Saturday, August 27th: Parade at 11 am Downtown Federal Way The Commons at Federal Way will be full of entertainment and activities for everyone, Over 100 booths of juried arts and crafts vendors, a full-size carnival, main live music stage, commercial vendors, food booths, demonstration area, a fun stage for children, face painting, pony rides, fire trucks, police cars and bingo, Weyerhaeuser King County Aquatic Center On Saturday, August 2Th, at 9 am, there will be a 5K run/walk. This will bring runners from all over the area to Federal Way and an opportunity to capture their attendance. ' -ptl., Publicity: Banners witt be hung underneath the City of Federal Way's banners along 320lh Street one month prior to the festival. Advertise the Festival and Activities in Gail's Guide, Promote the Festival in the Seattle TimeslP.I., Tacoma News Tribune and the Federal Way Mirror's Summer Guides. Promote Festival Days on the Cities cable channel. Advertise the Festival and Activities in 77 community newspapers in Washington State Advertise the Festival and Activities on Vashon Island and Kit~ap County, Advertise on radio-on-site promotions on Aug. 26111 & 27th. Promote the Festival and Activities on the local Northwest Afternoon Program, Promote the festival in local newspapers via press releases + radio and TV (PSA) Signs and Banners throughout the community-Month of August 12-1 ') Publicity Continued: " Insert promoting Festival Days in Money Mailer for August mailing: Booths at events priorto the Festival (41h of July and at The Commons at Federal Way-formerly known as SeaTac Mall) Promote the Festival atChamber Luncheons, Breakfast meetings and After-Hours. Advertise in the Mirror to let readers know how they can participate at Festival Days or volunteer. Letters to the schools will be mailed out prior to school ending to get as many students and faculty involved in the parade and acti vities. Buttons will be worn/sold at local banks and points of interest to promote the festival. \ -' f\1 Theatre Arts Conservatory, Inc. P. 0, Box314/ Federal Way.. WA 98063 _'!:I/.'Æ'l"!, ç.!<,mt(~.!;;tgÇL1},~;;t.! [.~ÇQ-!!! cen ters taget heat re@yahoo.com -RECE\\!ED M~R 2 5 2005 -,-C';c.'iN-. "-IS, - "\TYO¡::¡-C:'""-'C,, -~n::I"".F- .~íT< Mf'Jl!,-i",T'~ ; F'~- March 23, 2005 Me Patrick Doherty TEG Application City of Federal Way P.O. Box 9718 Federal Way, W A 98063-9718 Re: Tourism Enhancement Grant Dear Mr. Doherty: Enclosed is our appli~ation for a Federal Way Tourism Enhancement Grant (TEG) dated March 23, 2005 We would like to express our appreciation for the oppor1unity to apply for this grant. I f you have any questions feel free to contact Mr. Alan Bryce, Artistic Director, at 253-661-1444. Thank you. Sincerely, ~L~ Sue Newsham, President Board of Directors Atch: (I) TEG Application FIS <'. GRANT APPLICATION GRANT APPLICATION INSTRUCTIONS: Rcad the entire packet, including the attached seleclion criteria before completing this application. Please type or print. Answer each question 10 the beSt or \0111" ability. The BOARD docs not provide funding for tournament emry fees, travel. lodging. meals, . uniforms, equipment, coaches salaries, facility upgrades or capital campaigns. If a question is 110t applicable to your event, simply write uN/A" in the space provided. You may mail or deliver your completed application to the address listed below. Attn: Patrick Doherty, TEG Application City of Federal Way P.O. Box9718 Federal Way, WA 98063-9718 APPLICANT'S NAME: , Alan Bryce, Artistic Director ORGANIZA TION: Centerstage Theatre Arts Conservatory Inc. . 0'__--.......--...--... - FEDERAL TAX 10: 91-1117600 1$ A QUALIFIED SOlcOORGANIZATION Yes STREET ADDRESS: 1710 South 341st Place Federal Way, WA 98003 -'~""--- . MAILING ADDRESS: P.O,Box 3141 Ft':!deral Way, WA 98063 DAYTIME Telephonc:(253) 661-1444 Fax:L~_51 661-0484 --",-'--".----.--.. . Official Evel1~ Nalìle: " F i v P. C 11 r i s t mas e s ".. g p 1 a y a d apt e d b y..- J 0 h !l... For ~- t e..r BrieOy describe the e\;cnt (type of activity, male, female, co-cd, ctc):_!h e f ~~!.._.~~ 0 f e_~_~_~ 0 n a 1 production ora musical. written by John Forster. It is specific- ~l..Y des i 9..!!.ed to enha nce the ne~ 2004 mi s :.i on s ta~em~~~~_~.._------ Centerstage which includes .. --- to entertain and culturally 1\ -~r:_J~-~~ th (puget) So~_.~d aud iences~ of a 1.~~.:~-~_~_~_de..~a 1 '---~". -.. Way students will be provided the educational opportunity to work with Seattle based professional actors. IIFive Christmases" will be an innovative, new work with the widest audience appeal. fZ.f'r.p - VENUE INFORMA TION Proposed local venue: Knutzen rami 1 y Theatre Location: City of Federal Way, WA Proposed dates: November 17, 2005 thru December 11, 2005 Have you confinned the availability of the proposed dates at the primary venue? YES X NO Will you have a need for secondary or practice venues? YES NO X TOTAL VENUE RENTAL (both competition and practice sites) $ 7 200 .00 . , ECONOMIC IMPACT How many participants will the event attract? Th i rty- f ivp. (35) a c tors a nd prod u c t i on s ta ff How many teams/groups will the event attract? Nl A How far away will the (athlete/participants) travel (local, regional, national, international)? Reg i 0 na 1 , How many spectators will the event attract?T h r e e tho us an d (3 a a a ) How far away will spectators travel from? Unknown How many support (staff, vendor, etc) people will the event attract? F i ve (5) Of the numbers listed above, what percentage will require overnight lodging? Partipants Spectators % % Teams/Groups , Event Staff % % I GRANT AMOUNT REQUESTED: $ 7,500,00 .'1 Pr7¡~ ;' Scope of Event (check I): X Local State X Regional National International PreViOl!S- Hosts: N / A YEAR CITY/STA TE ____Venue -~--------------~ Has this event ever been held in Federal Way? Please see note below Has this event ever been held in King County? No Pierce County?-- I f yes, when: Month: Y ear: ~-~------ Venue: City: ------- Note: Last years' presentation of "A Christmas Carol" was the most successful prodUction in the twenty- nine (29) year history of Centerstage Theatre. EVENT FINANCIAL INFORMATION Isa host fee required? No If so, what amount? $ or % of proceeds What is the projected number of tickets that will be sold? 3,000 Average ticket price: $ 14.50 Event's total estimated expenses: $ 45,000.00 Amount of expenses local host is responsible for? $.45 ,000 . 00 ,,------ Events total estimated revcnues?$ 33 , 50 0 . 00 e What portion of the event's proceeds will be kept by the local host? $ To ta 1 p r:.?c~d~__:__- F(t) r I I-low will these grant funds be utilized? Funds will be used to expand the marketing strategy of Centerstage Theatre through increased advertising with local media companies. Please list the other sources of financial support (sponsorship, etc.) which you have pursued: Source: City of Federal Way Committed: YES x NO Amount: $2,000.00 X $2,5000.00 NOX Amount: $10.000,00 NOX Amount: $8.500,00 WA State Arts Comm. Pñlll Allpn FólJndationCommitted: YES 4 Culture Committed: YES The undersigned certify the information provided above is true and accurate and any projections are based on history of similar events and activities that are available to the industry and adjusted to local conditions. Applicant's Signature ~ Iv! l\r.Jt\Z1cN C; /t-r::rn 5?flC Applicant's Title: ÐJI2~ Date: 3/23 / o-S- I / p.l~' \ j .; THE CITY OF FEDERAL WAY LODGING TAX ADVISORY COMMITTEE TOURISM ENHANCEMENT GRANT RECEIVED MAR 2 9 2005 GRANT APPLICATION C\1YOFFEDb;A~.ivA', . CITYMANtcGEP'p v,-'FICE APPLICANT'S NAME: KING Aquatic Club/ Stephen L. Freeboçn - Secretary KING Aquatic Club ORGANIZATION: KING Aquatic Club FEDERAL TAX ID: 91-1363268 IS A QUALIFIED SOlC CORPORATION: Yes STREET ADDRESS: PMB 187 2421 South Union Avenue L-l Tacoma, W A 98405 DAYTIME TELEPHONE: 253.334.6907 KING Aquatic Club Additional Contact: Stephen L, Freebom 206,940,7442 FAX: 253.838.0202 OFFICIAL EVENT NAME: 2005 USA Swimming/SPEEDO Championship Series Western Region Section Long Course Championships Briefly describe the event (type of activity, male, female, co.,.ed, etc.): The 2005 USA SwimminglSPEEDO Championship Series Western Region Section Long Course Championships is an annual event sanctioned by USA Swimming and sponsored by SPEEDO, This is one of the premiere swimming events ofthe summer. The event is co-ed, open to all those who meet the qualifying standards as set by USA Swimming. The age of participants range from 10 years up to (this year we have competitors in their 40s), The 2005 USA SwirnminglSPEEDO Championship Series Western Region Section Long Course Championships is a regional event. The western region comprises the following: Alaska, Hawaii, Washington, Oregon, Idaho, Montana, Wyoming, Colorado, Arizona, and New Mexico. Scope Of Event: Regional KING Aquatic Club Grant Propo."ial2005 -1 fl-A '. Prcvi, Year 2004 City/State Salmon Bay Swim Club Seattle, W A Venue Weyerhaeuser King County Aquatic Center 2003 2002 Phoenix, Arizona Gresham, Oregon Arizona State Univ. Mt. tlood Community College Has th i,'vcr been held in Federal Way? Yes Has the (, ill 4~ver been held in King County? Yes Held in July, 2004 at the Weyerhaeuser King County Aquatic Center EVENT F:!'\,NCIAL INFORMATION Is a host fc~ H.'quired? A rental fee is required, The rental fee for use of the Aquatic Center is expected to be about $18,000,00. In addition, King County receives 10% of proceeds What is the !i!"ojected number of tickets that will be sold? 0 This event is free and open to the public. Amount of (q)cnses local host is responsible for? 100% Major known costs: Pool/facility rental fee - about $18,000.00 Officials' meet credentials - about $5,000.00 (thisis covered, in part by the money received from USA Swimming Hospitality - food fòr officials, coaches and volunteers - projected at about $3,000.00 Event's total estimated revenues? Between $26,000.00 and $30,000.00 The bulk of revenues received is through the participant entry fees, Money will also be received throli.gh sale of event/heat sheets What portion of the event's proceeds will be kept by the local host? 90% to Host and 10% to King County KING Aquatic Club Grant Proposal 2005 -2 F- '2.-- ) .' .' VENUE INFORMATION Proposed Local Venue: Weyerhaeuser King County Aquatic Center Löc41tion: Federal Way, Washington Event Dates: July 14,2005 - July 17,2005 Have you confirmed tbe availability of the proposed dates at tbe primary venue'! YES Will you have need for secondary or practice venues? NO Total Venue Rental: Approximately $18,000.00 ECONOMIC IMP ACT How many participants will the event attract? 800 - 1000 How many teams/groups will the event attract? Approximately 100 teams/clubs How far away will the (athlete/participants) travel (Local, regional, national, international)? This is a regional event. AtWete/participants will be coming ftom the following states: Alaska, Hawaii, Washington, Oregon, Idaho, Montana, Wyoming, Colorado, Arizona, and New Mexico, How many spectators will the event attract? Project capacity to near capacity (2000 - 2500) How far away will the spectators travel from? It is expect d that spectators will be traveling from aU those states sending competitors: Alaska, Hawaii, Washington, Oregon, Idaho, Montana, Wyoming, Colorado, Arizona, and New Mexico, Spectators will also be local, not only from the local clubs, but also public in general (this event is free to public). How many support (staff, vendors, etc) people will the event attract? Approximately 100 - 125: Timers,judges, officials, volunteers, vendors, security, medical persOlUlel KING Aquatic Club Grant Proposal 2005 -3 . . , , '. -:Ç:z.., 1.--- '. , Of the numbers listed above, what percentage will require overnight lodging? Participants: 65% Teams/Groups: 65% Spectators: 65% Event Staff: 65% It is important to note that this event is being hosted during the month of July, g~nerally one of the nicest month, weather-wise, in the Northwest. This meet is generally (for about 90+ % of the participants) a vacation event. While the event itself is 4 days long, many participants and their families will spend a week, or more, in this area, taking advantage of the numerous sites, events, shopping, and restaurants that this area has to offer. Projected Hotel Revenues: Swimmers (900) + Coaches (100) + Qfficials{50) = 1050 1050 x .65 = 683 Divided by: The average # of people per room (2.5) x length of meet in days (4) x average cost per room ($100.00) = total hotel income 683 divided 2.5 x 4 x 100 ~ $109,280,00 projected hotel income Projected Rental Car Revenue: # of Clubs (l00) x # of cars (1.5) x daily rate ($55) x # of days (4) = Total rental car income = $33,000.00 Projected Food: People attending the meet will also be purchasing meals, souvenirs, and miscellaneous items. Using an average of 900 athletes, 100 coaches, and 100 additional meet persoIUlel spending $45.00 per day, the additional impact would reflect as follows: 1100 x $45.00/day x 4 days = $198,000.00 SUMMARY: Total projected economic impact: $340,280.00 NOTE: These projections arc very conservative for reason, as previously stated, that many people attending this meet will be bringing with them family members and will be staying on beyond the actual cvent dates, as many will be vacationing. For each day, either before or after the actual event date, and using these nwnbers alone (and not factoring in family mcmhcrs/spectators), the daily additional revenue is projected to be in excess of$85,000.00 per day. GRANT AMOUNT REQUESTED: $10,000.00 KING Aquatic Club Grant Proposal 2005 -4 f223 .' How will tbe grant funds be utilized? Strictly for the operation of this event. The cost of actually running the event, hospitality for event officials and volunteers, awards, facility rental, credentials for the officials, heat sheets/programs Please list other sources of financial support whicb you bave pursued: Source: USA Swimming Committed $10,000.00 Amount Weare also seeking donations in the fonn of advertising in the heat sheets as well as the opportunity to "sponsor" events in the meet. For a fee, the "sponsor" will have their name posted on the score board at the beginning of the event. M of this date, NOTHING has been committed. The undersigned certifies tbat the information provided above is tru~ and accurate and any projections are based on history of similar events and activities that are available to the industry and adjusted to local conditions. . " -éL.. Dated at Federal Way, Washio 00 this 2~ay 7arch, 2005. Applicant's Signature: U L~ Stephe L. Freeborn Applicant's Title: Acting SecretarylBoard Member for KING Aquatic Club KING Aquatic Club Grant Proposal 2005 -5 ", ( Ç-L'i '., . RECEIVEr', MAR 3 0 2005 GRANT APPLICATION CITY OF F'::OE!iÁL >NA\ C]tTY Mft.N;' efT'" ::;r::FICE GRANT APPLICATION INSTRUCTIONS: Read the entire packe1:; including the attached selection criteria before completing this application. Please type or print, Answer each question to the best of your ability. The BOARD does not provide funding for tournament entry fees, travel, lodging, meals, unifonns, equipment, coaches salaries, facility upgrades or capital campaigns, [f a question is not applkable to your event, simply write «N/A" in the space provided. You may mail orßeliver your completed application to the address listed below. Attn: Patrick Doherty, TEG Application City of Federal Way P.O, Box 9718. Federal Way, WA 98063-9718 APPLICANT'S NAME: Laura Moody. President QRGANIZA nON: Kikaha 0 Ke Kai Outrigger Canoe Club FEDERAL TAX ID: 91-1738652 IS A QUALIFIED 50 I co ORGANIZA nON YES STREET ADDRESS: 8009 256th Ave East. Buckley W A 98321 MAILING ADDRESS: P.O. Box 25586~ Federal Way. W A 98093-2586 DAYTIME Telephone: (206) 93 ~ 7 Fax: ( Official Event Name: Briefly describe the event (type of activity, male, female, co-ed, etc): Family oriented Hawaiian Outrigger Canoe Race (Regatta). Participants range in age from 6-60+, children, men and women. The event will include traditional Hawaiian ceremony and chants. Attached is a copy of the Federal Way Mirror newspaper article from our June 2004 event and coverage from our first practice of March 2005. Scope of Event (check 1): Local State X-Ree:iooal National International FU, , I ) . Previous Hosts: YEAR CITY 1ST ATE Venue Kikaha 0 Ke Kai 2004 Federal Way, W A Steel Lake Kikaha 0 Ke Kai 2003 (Cancelled - due to costs) Kikaha 0 Ke Kai 2002 Federal Way, WA Steel Lake Kikaha 0 Ke Kai 2001 Federal Way, WA Steel Lake Kikaha 0 Ke Kai 2000 Federal Way, W A Steel Lake Kikaha 0 Ke Kai 1999 SiJverdaJe, W A Puget Sound KikahaÜ Ke Kai 1998 Seattle, W A Magnuson Park (Lake Waslûngton) Kikaha 0 Ke Kai 1997 Federal Way, W A Steel Lake Has tlûs event ever been held in Federal Way? YES Has this event ever been held in King County? YES Pierce.County? NO If yes, when: See Above Month: Year: Venue: City: EVENT FINANCIAL INFORMATION Is a host fee required? Yes If so, what amount? $ 3 each event What is the projected number of tickets that will be sold? 400 Average ticket price: $ 3 Event's total estimated expenses: $2172 Amount of expenses local host is responsible tor? $ 2172 Events total estimated revenues? $ 1200 What portion of the event's proceeds will be kept by the local host? $ 100% f 2-\0 . , , VENUE INFORMATION Proposed local venue: Steel Lake Park Location: So. 31Zlh Street. Federal Way Proposed dates: June 25,2005 Have you con finned the availability of the proposed dates at the primary venue? YES Will you have a need for secondary or practice venues? NO TOTAL VENUE RENTAL (both competition and practice sites) $ 922.50 (based on last year) ECONOMIC IMPACT How many participants will the event attract? How many teams/groups wjIJ the event attract? 600 12 Ho\y far away will the (athlete/participants) travel (regional)? Oregon, Eastern Washington. Everett, and Silverdale How many spectators will the event attract? 1000 How far away wiJ/ spectators travel from? Mostly local How many support (staff, vendor, etc) people will the event attract? 50 Of the numbers listed abovc, what percentage will require overnight lodging? Partipants Spectators 50 10 % % Teams/Groups Event Staff 50 % 20 % I GRANT AMOUNT REQUESTED: $ 1000 -,:'2 ì . .' How will these grant funds be utilized? The grant funds will be used to cover expenses for the regatta. Hosting races is one primary ways that the canoe club's raise funds. By using this grant to offset expenses we won't be at risk of losing money and may utilize the revenue to fund our tax exempt activities (maintain and perpetuate Hawaiian culture through tbe promotion of water sports). See spreadsheet tor cost breakdown. Please list the other sources of financial support (sponsorship, etc.) which you have pursued: None. Source: Committed: YES NO Amount: $ Committed: YES NO Amount: $ Committed; YES NO Amount: $ The Wldersigned certifY the information provided above is true and accurate and any projections are based on history of similar events ,and activities that are available to the industry and adjusted to local conditions, Applicant's Signature ~ ~ Applicant's Title: President Date; ~ ~ 7 ¿;)¡:).OQ J ./ ~w .. " .I, Proposed Expenses Park Rental June 25 Ribbons/awards{feam Throphy Escort Boat Gas Lodging for Race OffldaJ O~CA fee Sound System 922 500 275 75 100 100 200 Total Expense 2172 Income Entry Fees TEG 1200 1000 Total Income 2200 Profit (Income - Expense) 28 .... P-2-~ '-" ~y in to jS up ;sible freeway 00 over budget I center access study jumped) 'al Way officials proposed till- fmrnitigatio~Jees developers ! : of other projects. : yanne Zukowski provided the ld Transportation Commìttee last month. Councilman Jack man, said the news of budget -ig surprise, id, 'We saw a long time ago ¡tarted cutting back," he said, anted more people involved. se from, so we're probably i 'k requested by the council i 5rm CH2M Hill and teams of I ought important irúormarion I I I voted to allow $25,000 from m pool to COver the added tved the allocation last week, e half-million dollar mark. city center access studyJast ional access from Interstate ray to alleviate some of the treet The study started with 1S - one a group of experts and the other a group of ¡g input They began with 4ì : months of work, narrowed :ess study has provided a $tof the process - find- environmental assessment acquiring right-of-way and lting process. : in the southern part of the the state, King County and "..~~ ^ 'I I'D .~ , ~. .' IT'S ANOTHER CANOE SEASON FOR KIKAHA 0 KE KAI Around Federal Way, one of the signs that spring is here is tJu start of outrigger Cf).ntJe season. Five days before last Sunday, uJhid: was. the first òfficiaJ day afspring, 30 mem- bersofthe Kikaha, 0 Ke Kai Outrigger Canoe Qub gathered at Steel Lake to celebrate the beginning of its new season. Above, the club's 1JVI>. f¡1'P~"rf_t T"l... Þ"~¡'n"'¡__.. 1":_1,., and 1hursdayevenings and Sunday after- noons practicing at the lake the next few nwnths in preparation tor the club's annual race that will take place on June 25, in the Photo at left, Rocky Loni carries his canoe into th€ lake tor a prCJI.:tice paddJe after the club's March 15 meeting. ~ expecttne DrSt,t1rne:he: :steþ~on' the€ólòradQ Sprlngscàrnþtis;: .', "It v;asa cultural shock .forrum,"såid POQg-$~ê:.,:.'»e~~dtiònl; being in the top 5 percent {iltFederal WayHighSèhôôijfuBèlng,just another person from a gtàde starIdpoint He really had to "'orkl1årct", 'There were a Jot of times that I wanted to qui~ ';Sloanesaid."'EVer'Y- where you went people were in your face telling you to do this and that I would come back for Christmas Break anddidn'tlmowiflrêå1lY SeeSLOANE,'þage 92 ALOHA FROM STEEL LAKE ~ --..J It was a þosttard-type day at the eigJíth annual Ho'olaule'a SPrints atSteel Lake Park on Saturday. The outrigger canoe races lasted all day and celebrotedHawaiian culture in the Northwest. For more pitturis, see Page B2. ,~ I SPORTS BRIEFS FC United '87 soccer team wins, regionalc:hampionship to earn trip to Orråndo, FI. Several Federal Way residents earned â' trip to Disney's Wid~'World ofSpoIiS Complex irt Honda to play SOCCer, Fe Umted 'FIl won the United States Youth Soccer Far West Reg'ÌonaIChanìpionships in Spokane on ' Saturday. . /,The.und~~16 soccer team includes Cì:irient Decatur. stUdents Ciararr , 013ri61; Josh Norwood, Brad Reid and . Reymund Mills"alongwith Bellarmine Ptêþ students, MicahWenze1 and Derek Woodworth. The teârnqua!ified for ~, regional tourrnimentby winning the', Washington sta~cl1ampionship earlier Claron O'Brien this spring. ," Thé;Far West RegionalChampion- ' ships included the champions of 14 state tournaments, Fe " United 'P;? beàtSereno'88White fromAritona 2-1 in the 16- and.underfinal game; ", ' . , O'Brien, the Mitroi's high schóöl soCœrp~ of the year, scored 'the first goal of the match when he rifled a shot ,; into the bottom left comer of the goal j United '87 took a commanding 2-0 adV'. half Ona goal by Nik Bisagno. Arizona with five minutes left in the match. With the win, United will head to Or States Youth Soccer National Champiol played July 20:25. The tournament will champions from around the country. Sirens top Tacoma Ma, For the second year in a row, the Tac couldn't figure out the Sacramento Sire! over the Majesties, 49-20, Saturday in It the Independent Women's Football Lea¡ at Sunset Chevrolet Stadium in Sumner: Sacramento shutout Tacoma during t of last year's playoffs, 45-0. The Sirens ',1 lis (Ore.) Pride in the Western Conferer California. Tacoma, the only professional fulkon , team in Washington, ñnished the season The Majesties' roster includes three gral Jefferson High School- Serrab and Me] anna Campolo. See BRIEFS, page B ~ j~ Page 82 Federal Way Mirror. Wednesday, June 30, 2004 )/ &oft Moody- while his daughter, Amber, di>ws to his \) canoe's out~er at the Ho'olaule'a Sprints Saturday. ~ Canoes line Steel Lake for annual outrigger races Min-or staff Hundreds of people turned out to Steel Lake Park Saturday for the eighth annual Ho'olaule'a Sprints, The event is ran by Federal Way's Kikaha 0 Ke Kai outrigger canoe club. . The outrigggers are different from regular canoes in that two poles I. extend from the body of the boat to a balancm.' gfloa. t on one side of the canoe. Hawaiians use the outriggers to get from island to island and it is their official cultural sport The outrigger races Saturday induded single races, as well as six- person teams in 44-foot canoes. The races varied from soo. to 1,soo. meters. Outrigger clubs converged on Federal Way from Seattle, Everett, Silverdale and Portland. Britanie Martinez of the Kikaha canoe team is greeWi at the shore following her team's ~e at Steel lAke Park Saturday. --- ~. ~..... .I!"'.._._--_.._---..._-_....~~n,. "n1.""~:" ~h~ ___1_1.< ,--..J"" . . . , - . BRIEFS CONTINUED FROM BI The nvFL began competítíon in I- 2000 and has 21 teams nationwide , and more than 700 volunteer play- ers. The Majesties' defense, which had been solid all season long, just couldn't stop the high-powered Sacramento offense. Tacoma had allowed only 61 points in their first eight games of the season, includ- ing four shutouts. But the Sirens' quarterback, Leilani I1mary, was 12-for-16 for 169 yards and one touchdown. Running back Julie Wicber scored three touchdowns and had 186 total yards. . Tacoma feU behind 22-0 in the first half before scoring for the first time on an impressive 96-yard drive with 1.4 seconds left before halftime. Majesties quarterback Ten Shimada rut Kim Crow in the corner of the endzone. Tacoma cut the Sacramento lead to 22-14 on their first drive of the second half on a 39-yarct pass to Rachael Gore. But the Sirens answered with three straight touchdowns to put the game away. 8hiJ 105 ya back ~ ball e4 touche Wat toun The and Re< hosting land 3-< July 18 Ther. for boy! a1J. ages games I and go ¡ is $100 j teams ir AU entri. July 13. For 3e and reg¡: (206) 871 Moines J 22ûth St mation ì~ desmoin~ to Waterl . Tournam Sports . 5565, sþo .. -.,.. " ,. GRANT APPLICATION GRANT APPLICA nON INSTRUCTIONS: Read the entire packet, including the attached selection criteria before completing this application, Please type or prinL Answer each question to the best of your ability. The BOARD does not provide funding for tournament entry fees, travel, lodging, meals, unifonns, equipment, coaches salaries, facility upgrades or capital campaigns. If a question is not applicable to your event, simply write "Nt A" in the space provided, You may mail or deliver your completed application to thc address listed below, Attn: Patrick Doherty, TEG Application City of Federal Way P.O. Box 9718 Fedcml Way, WA 98063-9718 RECEiVE[¡ MAR 3 Ù 2005 APPLICANT'S NAME: Richard Lanfear CITY OF FEDERAL WAY -- CITY MÞ.NAGEH'S Or-ACE ORGANIZATION: Federal Way Float Association FEDERAL TAX ill: 91-0976982 IS A QUALIFIED 501(c) ORGANIZATION: Yes STREET ADDRESS: N/A MAILING ADDRESS: P,O. Box 4274, Federal Way. WA 98063-4274 DA YTIME Telephone: (206) 653-0050 Fax: (206) 653-0055 Official Event Name: Federal Way'S Official Visitation Float Briefly describe the event (type of activity, male, female, co-ed, etc): Federal Way Float Association has been orqanized by (and is a trade name of) the Federal Way Community Council to construct. operate and enter a float in parades throuÇJhout the Qreater Seattle-Tacoma area. The float would promote the community attractions and businesses of Federal Way, and would invite those parade qoers to visit our fair city. 1=33 Scope ofEv/;\1 J !teck 1): ~ Local ~ State X Regional National PreviOl!;~J[¡....1 CITY 1ST ATE -- - YEAR Venue .' f, International N/A Has this event CWT been held in Federal Way? No Has this event ever been held in King County? No Pierce County? No If yes, when: Month: Venue: City: EVENT FINANCIAL INFORMATION Year: Is a host fee required? No If so, what amount? ~ $ NI A- or - % of proceeds What is the projected number oftickets that will be sold? N/A Average ticket price: $ N/A Event's total estimated expenses: $ 20,000.00 for first year Amount of expenses local host is responsible for? $ N/A Events total estimated revenues? $ -0- What portion of the event's proceeds will be kept by the local host? $ N/A f'3~- VENUE INFORMATION Proposed venue: We intend to enter the float in all major parades in South KinQ County and North Pierce County. and selected other parades tarqetinQ televised events. Proposed dates: We hope to inauQurate the float in Federal Way's Festival Days parade on 8/27/05. After qettinq the kinks out. the maior thrust will occur in 2006 and thereafter. Have you con finned the availability of the proposed dates at the primary venue? N/A Will you have a need for secondary or practice venues? NO ECONOMIC IMP ACT How many participants will the event attract? N/A . How many teams/groups will the event attract? N/A How far away will the (athlete/participants) travel (local, regional, national, international)? N/A How many spectators wí1l the event attract? The float will be viewed by thousands of spectators. How far away will spectators travel from? We hope to attract visitors from throuqhout the reQion. How niany support (staff, vendor, etc) people will the event attract? N/A 0 f the numbers listed above, what percentage will require ovemight lodging? NI A Participants Spectators % % Teams/Groups Event Staff % % GRANT AMOUNT REQUESTED: $10,000.00 ~3.5: . , ' " How will these grant funds be utilized? Acquisition of components (chassis. enQine, transmission, ~ plates. etc.). desiQn. construction. storaae. insurance. maintenance and operations. We will also need to acquire a trailer for transportation. The majority of these expenses are for first year expenses, In subsequent years expenses will be substantially reduced. , . . Please list the other sources of financial support (sponsorship, etc,) which you have pursued: The Festival Days Commit1:ee of ttte Federal Way Community CouncilJlas committed UP to $j 0.000 on a matchinq Qrant basis. This will enable the City to leveraQe its arant amount by a factor of two to one. The undersigned certifi information provided above is true and accurate and any projections are based on history of si . r events and ctivities that are available to the industry and adjusted to local conditions. ,----~-r---- . ]4~ ~. Applica 's . Applicant's Title: Finance Director Date: March 28, 2005 ~. .' f~v -- . GRANT APPLICATION GRANT APPLICATION INSTRUCTIONS: Read the entire packet, including the attached selection criteria before completing thìsapplicatíon. Please type or print Answer each question to the 'best of your ability, The BOARD does not provide funding for tournament entry fees, travel, lodging, meals, unìfoffi1S, equipment, coaches salaries, facility upgrades or capital campaigns. If a questîon is not applicable to your event, simply write "N/ A" in the space provided, You may mail or deliver your completed application to the address listed below, Attn: Patrick Doherty, TEG Application City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 APPLICANT'S NAME: bte6cfL1 \L.. C~{lßANA ORGANIZATION: f(20eAAL WJ\ý ~(\Jl'lh"S ßA S€6AA-L ~~ FEDERAL TAX 10: IS A QUALU:œD 501<9 ORGANIZATION~~"'~.s STREET ADDRESS: 3'-{(,,(o l< 'TH C-r sv-> ~-O"'~t. V-r;\-.( WA- ."iH~"l. ') MAILING ADDRESS: SA~ DAYTIME Telephone:( 'Zcl:> )'z.Z "( - Sc.t> Fax: (~H') ~U - f.,. <:¡ ~ .'3 Official Event Name:-' 7T ApAA..'M-- f"/ s.,t--\tAER- t«(" i' Wr~ "'.ßAS$A1..L (~~t.,;~T Briefly describe the event (type of activity, male, female, co-ed, etc): T~~ ~ (';;. â.. t b> þ:o.w.-, b '" ~b<:.oJ \ ~n",c..~.f -k-- 0,0 ( U¡Z ~~ys .\-e....I-'l.S'. (+ [j o-Jr l,,<C'(. "1,-,/Q.1 e'vL;I'-'f- I è..r--c\ 4 ~J"'J. Î~(~r ~I" ~ c{.....b - l>J hÞ . '5:- #","-vd:r"j '+.0 (~r::> ~~V'AJ \'\2.oofc, (A...f'i <.15-+) +-.::. ~-f>""'ýq,,-{-- J~L:-a.t ~, (^- a-.'\, $'¿)~4h kf/l4.t^<:A+, ~3) Scope of Event (check 1): f. State National Regional. Local previous Hosts: CITY 1ST A TE YEAR / tJIPr - t-fN 2vø..Jf International Venue Has this event ever been held in Federal Way? fo.S(A Has this event ever been held in King County? "'I A- Pierce County?- If yes, when: Month: Venue: City: EVENT FINANCIAL INFORMATION Is a host fee required? 'It.';) Year. If so, what amount? $ . 42;; or % of proceeds ~ þ.M. What is the projected numberoftickcts that will be sold? No~ ~ w-rP--ý Average ticket price: $ Event's total estimated expenses: $ .1-.»(4 Amount of expenses local host is responsible for? $ A"'-t.. (~I(Cefí Events total estimated revenues?$ , °1 Q-=>D What portion of the event's proceeds will be kept by the local host? $ .~ ç>1to~ -r 'P?ß ~5. CN\.y 5 0<:>0 ( t.. Þ (;o,}(, F>JL.-r cÆM"> ) ). " -, r VENUE INFORMATION Proposed local venue: SkU" CAt (pq}>o M~ßO\.lf £Hool.- Location: ßh ![ ßAv.-- - ~<a\.Os. Proposed dates: fNt.<Ys--r (9 A-c'U>1 'Zt - t..D.:.> 5" , Have you confimled the availability of the proposed dates at the primary venue~ NO Will you have a need for secondary or practice venues? YES Qfri:> TOTAL VENUE RENTAL (both competition arid practice sites) $ Ari'¡t.o~ ..~. ECONOMIC IMPACT How many participants will the event attract? '2-50 ptvs How many team.<;/groups will the event attract? ll.o (s e-c4 of Ù(Q .¡ UC"l.. feCV4)J How tar away will the (atWeteJparticipants) travel (local, regional, national, international)? :5k~ ~ How many spectators will the event attract? - ~ f\ v ~ How far away will spectators travel from? S i~(.v,~ How many support (staff, vendor, etc) people will the event attract? Þ-Vo Of the numbers listed above, what percentage will require overnight lodging? Partipants Spectators NIt\- 5° % % Teams/Groups -S"O Event Staff cI - $~ avoW-' o/L-.._---- % r GRANT AMOUNT REQUESTED: J -F'?1 How will these grant funds be utilized? . t- ..L\ . . ~+ (d> Su.x< ~ "5.-k-, ~t> t""'-.;.r~t- ~ €-v-t.,-,\ .......,..-v<'l ~ -;~e,-~. l,jJ< ~sd¿ Ael .sGl""s'J':' FI:-'+ ~"+--.\)'.E:r-S ~+ bf~~ a..5+Vt-:s ~ lo4.~bot.U +~,,'t.~ 4c¡l~{,eJ úJ~(l k .p",1'"j-V -e: ~ . Source: rv(A. Please list the other sources of fmancial support (sponsorship, etc,) which you have pursued: .;; "f ~t7 OF (;r fl'O ~ s' N(,.. we: ~ {rJ -rlfe: {¡.it 7(~ Committed: . YES NO . ArnOWlt: $ Committed: YES NO Amount: $ Committed: YES NO Amount: $ The undersigned certify the Ìnfonnation provided above is true and accurate and any projections are based on history of similar events and activities that are available to the industry and adjusted to local conditions. Applicant's Signature dv1 7 Applicant's Title: 5p~~<::, 1+1 P C D~¿ (.4-1 f!- Date: ýL.-{ Ò '¿("3' (o)- ) " MEETING DATE: June 7, 2005 ITEM# JZZ ~) ~ ,-".~,------_.. -..-"'--------..--..--..- ---------------------------""-"'- -------~---,..._----_..,,-- ------~-----~--------_....- CITY OF FED ERALW A Y City Council AGENDA BILL SUBJECT: Center Frame Proposed Ordinance Adopting Immediate Zoning Controls In the City Center Core and Portion of City CATEGORY: BUDGET IMPACT: D D D CONSENT RESOLUTION CITY COUNCIL BUSINESS x ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: ExpendHure Amt.: Contingency Req'd: $ $ $ -..---------..-------..-------- -"'-""--------------_.._----~----"'-, "'-""'------~---------------------_.. -'----""------~-------------------------- ----------..----------------..-------- _..""""",_..",-.._------~------------- ATTACHMENTS: Proposed Ordinance Adopting Immediate Zoning Controls in the City Center Core and Portion of the City Center Frame ,,--..-,.----..----------------------.. -----------------..-------------- "--------"-"----"-"-----""------"""'-"""""""""'--"---"'----------------..-..- SUMMARY/BACKGROUND: The Comprehensive Plan for the City has envisioned a pedestrian friendly downtown area with multi-stories, with mixed retail, office and residential use. In accordance with the Comprehensive Plan the City Council identified at the 2004 Council retreat that economic development was a top priority to expand the economic pie and refined the economic development priority to the downtown area in the 2005 Council retreat. In order to assist the implementation of economic development the Council has authorized a Planned Action SEP A, enacted development incentives through ordinances, and most recently hired the Leland Group for a market study and for strategies for the purpose of encouraging redevelopment in the downtown area, which includes mixed use and park or open space as wel1. With the anticipated results from the Leland Study and ITom the draft Planned Action SEP A, it has become apparent that the existing zoning in the downtown area may need to be adjusted to help facilitate Council's vision and priority for economic development. State law, under RCW 35A.63.220, provides an avenue to cities to evaluate, consider, and proceed methodically with possible zoning modifications by authorizing cities to adopt interim zoning regulations. The enactment ofthe interim zoning regulations, and subsequent public hearing, will allow Council and the pub lie the opportunity to consider and weigh in on the long-term vision for the downtown and the investment of the City's future to expand the economic pie. Kathy McClung, Director of Community Development, will orally present Staff's analysis and recommendation. ,,------..------------------------ -,,---_..,,----,,----_.._---------------~---------------- ",-"""""-"".,.,."""".,-,,,.-------------------------------~----- CITY COUNCIL COMMITTEE RECOMMENDATION: N/A Hearing to be held by August 6, 2005. --------..---------------------------..-..---------,.. --------------------------..--------....----------- "-"----------------------------..- ----""--------"----""""""""'-"-""------------------------------ PROPOSED MOTION: I move that Council declare an emergency and approve of the proposed interim zoning ordinance with enactment efTective immediately. -..----....-..----------..-- -..------------------------..-------------.. -----------------------_.._---,,------------ CITY MANAGER APPROVAL: in the downtown area. tafT presentation and determine whether to enact interim zoning regulations (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D TABLEDfDEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 37S- REVISED - 05/10/2001 K:\Agenditem\2005\interim zoning ORDINANCE NO. AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING IMMEDIATE OFFICIAL ZONING CONTROLS IN THE CITY CENTER CORE AND A PORTION OF THE CITY CENTER FRAME BOUNDED ON THE NORTH BY SOUTH 3I2TH STREET, BOUNDED ON THE WEST BY P ACIF.IC HIGHWAY SOUTH, BOUNDED ON THE EAST BY INTERSTATE 5, AND BOUNDED ON THE SOUTH BY THE CITY CENTER CORE, RESTRICTING ACCEPTANCE OF APPl,lCATIONS FOR BUILDING AND OTHER LAND USE APPROVALS FOR SINGLE-STORY SINGLE TENANT BUILDINGS IN EXCESS of 75,000 SQUARE FEET, SINGLE-STORY MULTI-TENANT BUILDINGS IN EXCESS OF 10,000 SQUARE FEET, DRIVE- THROUGH BUSINESSES, CASINOS, CARD ROOMS, NON- BANKING CHECK CASHING BUSINESSES, THRIFT STORES, PAWN SHOPS, RETAIL ESTABLISHMENTS PRIMARILY SELLING GROCERIES, PRODUCE, HARDWARE, GARDEN AND RELATED ITEMS, TO BE EFFECTIVE FOR A PERIOD OF SIX MONTHS, SETTING A DATE FOR A PUBLIC HEARING ON THE INTERIM ZONING CONTROLS AND RESTRICTIONS, PROVIDING EXCEPTIONS, ESTABLISHING A WORK PLAN, AND DECLARING AN EMERGENCY. WHEREAS, the City of Federal Way has the authority to adopt interim regulations pursuant to RCW 35A.63.220; and WHEREAS, the Federal Way City Council envisions a City Center Core and City Center Frame, as set forth in the Comprehensive Plan, including multi-story structures with mixed use ofretail, office and residential uses, and substantial detriment to this vision would be caused by a]]owing contrary land uses and development; and ,PAGEl ORD# WHEREAS, the Federal Way City Council has detennined that there is a need for interim restrictions on single-story single tenant buildings in excessof75,000 square feet, single- story multi-tenant buildings in excess of 10,000 square feet, drive-through businesses, casinos, card rooms, non-banking check cashing businesses, thrift stores, pawn shops, retail establishments primarily selling groceries, produce, hardware, garden and related items; and WHEREAS, the Federal Way City Council finds that the enactment of this ordinance constitutes an emergency due to the pending downtown market study by The Leland Group (the "Leland Study"), the pending downtown Environmental Impact Study (the "Planned Action SEP A"), the rapidly changing use of land and buildings, and lack of new economic investment in the City Center Core and a portion of the City Center Frame bounded on the north by 31 ih Street, bounded on the west by Pacific Highway South, bounded on the east by Interstate 5, and bounded on the South by the City Center Core (the "Restricted Area"); and WHEREAS, the initial results of the Leland Study were presented on May 17, 2005, indicating that there is a market for mixed use of retail, office and residential in the City of Federal Way; and WHEREAS, recommended redevelopment strategies the City may dcsire to implement will be presented by the Leland Group later in 2005; and WHEREAS, it is anticipated that the Planned Action SEPA draft will be issued during the Summer of 2005 and will set forth capacity and mitigation requirements for redevelopment in the Restricted Area; and WHEREAS, private restrictions on real property within the Restricted Area are counter to the Comprehensive Plan; and ,PAGE 2 ORD# WHEREAS, the Federal Way City Council has detennined that it is in the best interest of the City to prevent major investment and/or vesting of rights that conflict with the Comprehensive Plan and the City's intent to carefully and thoroughly plan for, and provide appropriate development regulations; and WHEREAS, the Federal Way City Council has detennined that City staff should review and evaluate (I) the Leland Study with recommended strategies, (2) the Planned Action SEP A, (3) private restrictions on real property, (4) ways to achieve greater density in downtown; (5) ways to encourage housing, office and multi-story development, (6) ways to maximize pedestrian opportunities, and (7) protection of the public health, safety and welfare; and WHEREAS, as required by RCW 35A.63.220, the Federal Way City Council wi]] hold a public hearing within sixty (60) days of the passage of this ordinance to consider Staffs progress on a Work Plan; and WHEREAS, the potential adverse impacts on the public health, property, safety and welfare of the City and its citizens, as discussed above, justify the declaration of an emergency; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section I. Purpose. The purposes of this ordinance are to: (a) comply with the Growth Management Act (GMA), King County Countywide Planning Policies, and the City of Federal Way Comprehensive Plan (the "Comprehensive Plan"); (b) evaluate the Leland Study results and recommended redevelopment strategies; ( c) complete the Planned Action SEP A; (d) plan for and implement appropriate development regulations for the Restricted Area in response to the Leland Study, recommended strategies, and Planned Action SEPA; (e) prevent major investmcnt and/or ORD# , PAGE 3 vesting of rights in con11ict with the Comprehensive Plan and the City's intent to carefully and thoroughly plan for, and provide appropriate development regulations; (f) review and evaluate the impacts of private restrictions on real property that are counter to the Comprehensive Plan; (g) study ways to achieve greater density in downtown; (h) encourage housing, office and multi-story development in the downtown; (i) maximize pedestrian opportunities in the downtown; and (j) protect the public health, safety and welfare. Section 2. Duration. The interim zoning controls and restriction on acceptance of certain applications shall be in effect until December 7,2005, unless extended by the City Council pursuant to State law. Section 3. Restricted Area. The provisions of this ordinance shall apply to the City Center Core and a portion of the City Center Frame bounded on the north by South 31 ih Street, bounded on the west by Pacific Highway South, bounded on the east by Interstate 5, and bounded on the South by the City Center Core (the "Restricted Area"). Section 4. Applications Restricted. From and after the effective date of this ordinance and through December 7,2005, no new land use or building pennit applications for single- t story single tenant buildings in excess of75,000 square feet, single-story multi-tenant buildings in excess of 10,000 square feet, drive-through businesses, casinos, card rooms, non-banking check cashing businesses, thrift stores, pawn shops, retail establishments primarily selling groceries, produce, and related items, or retail establishments primarily selling hardware, garden and related items within the Restricted Area shall be accepted by the City. The Department of Community Development Services shall not process any application that does not meet the requirements of this , PAGE 4 ORD# ordinance. The City Manager or designee shall have authority to make written determinations as to the applicability ofthis section. Section 5. Exemptions. This ordinance specifical1y exempts Vested Applications, permits or approvals that are required for upkeep, repair, or maintenance of existing buildings and properties, or work mandated by the City to maintain public health and safety. The City Manager or designee shall have authority to make written determinations as to the applicability ofthis section. Section 6. Vested Applications. All vested applications shall continue to be processed according to the Federal Way City Code and land use regulations in effect on the date of vesting. An application will be legally vested for purposes of this Ordinance when it is deemed complete by the Director of Community Development. The City Manager or designee shall have authority to make written determinations as to the applicability of this section. Section 7. Work Plan/Direction to Staff. This ordinance is intended as an interim control to contain development in the Restricted Area until the City can more fully study the Leland Study, recommended redevelopment strategies, complete the Planned Action SEP A and achieve the purposes and intent ofthis ordinance. The City Council hereby directs the City Manager to develop a work plan for the Restricted Area consistent with the Comprehensive Plan, the Leland Study, the Planned Action SEP A draft, and the purpose and intent of this ordinance, which shall be presented to the City Council at the Public Hearing by August 6,2005. The City Council hereby directs the City Manager to develop regulations for the Restricted Area consistent with the Work Plan, the Comprehensive Plan, the Leland Study, the Planned Action SEP A, and the purpose and intent ofthis ordinance which shall be presented to the City Council and/or the Planning Commission at the , PAGE 5 ORD# earliest possible date after the Public Hearing. The City Manager is encouraged to seek infonnal input from residents, businesses, city staff and other interested members of the public. Section 8. Public Hearing. Pursuant to RCW 35A.63.220, a public hearing will be held for the purpose of adopting findings and conclusions in support of the provisions of this ordinance, adopting a work plan, and developing regulations to address the purposes of this ordinance by August 6, 2005 as required by RCW 35A.63.220. Section 9. Severability. The provisions ofthis ordinance are declared separate and severable. ¡he invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis ordinance or the invalidity ofthe 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 other persons or circumstances. Section 10. Declaration of Emergency - Effective Date. For the reasons set forth above, and to promote the objectives stated herein, the City Councj] finds that a public emergency exists, necessitating that this ordinance take effect immediately upon its passage by a majority plus one of the whole membership of the Council in order to protect the public health safety, property and general welfare. This ordinance shall take effect and be in force immediately upon passage by the City Council. PASSED by the City Council of the City of Federal Way this ---~,---- -----..-----' 200_. day of CITY OF FEDERAL WAY MA YOR, DEAN McCOLGAN ORD #.",,----------, PAGE 6 ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTNE DATE: ORDINANCE NO. K:\Ordin\2005\Intcrim Zoning Control opt I ,PAGE 7 ORD# ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING IMMEDIATE OFFICIAL ZONING CONTROLS IN THE CITY CENTER CORE AND A PORTION OF THE CITY CENTER FRAME BOUNDED ON THE NORTH BY SOUTH 312TH STREET, BOUNDED ON THE WEST BY PACIFIC HIGHWAY SOUTH, BOUNDED ON THE EAST BY INTERSTATE 5, AND BOUNDED ON THE SOUTH BY THE CITY CENTER CORE, RESTRICTING ACCEPTANCE OF APPLICATIONS FOR BUILDING AND OTHER LAND USE APPROVALS FOR SINGLE-STORY SINGLE TENANT BUILDINGS IN EXCESS OF 75,000 SQUARE FEET, SIN GLE-STORY MUL 1'1- TENANT BUILDINGS IN EXCESS OF 10,000 SQUARE FEET, DRIVE- THROUGH BUSINESSES, CASINOS, CARD ROOMS, NON- BANKING CHECK CASHING BUSINESSES, THRIFT STORES, PAWN SHOPS, RET AIL ESTABLISHMENTS PRIMARILY SELLING GROCERIES, PRODUCE, HARDWARE, GARDEN AND RELATED ITEMS, TO BE EFFECTIVE FOR A PERIOD OF SIX MONTHS, SETTING A DATE FOR A PUBLIC HEARING ON THE INTERIM ZONING CONTROLS AND RESTRICTIONS, PROVIDING EXCEPTIONS, ESTABLISHING A WORK PLAN, AND DECLARING AN EMERGENCY. WHEREAS, the City of Federal Way has the authority to adopt interim regulations pursuant to RCW 35A.63.220; and WHEREAS, the Federal Way City Council envisions a City Center Core and City Center Frame, as set forth in the Comprehensive Plan, including multi-story structures with mixed use of retail, office and residential uses, and substantial detriment to this vision would be caused by allowing contrary land uses and development; and ORD# ,PAGEl WHEREAS, the Federal Way City Council has determined that there is a need for interim restrictions on single-story single tenant buildings in excess of75,000 square feet, single- story multi-tenant buildings in excess of 1 0,000 square feet, drive-through businesses, casinos, card rooms, non-banking check cashing businesses, thrift stores, pawn shops, retail establishments primarily selling groceries, produce, hardware, garden and related items; and WHEREAS, the Federal Way City Council finds that the enactment ofthis ordinance constitutes an emergency due to the pending downtown market study by The Leland Group (the "Leland Study"), the pending downtown Environmental Impact Study (the "Planned Action SEP A"), the rapidly changing use ofland and buildings, and lack of new economic investment in the City Center Core and a portion of the City Center Frame bounded on the north by 312th Street, bounded on the west by Pacific Highway South, bounded on the east by futerstate 5, and bounded on the South by the City Center Core (the "Restricted Area"); and WHEREAS, the initial results ofthe Leland Study were presented on May 17, 2005, indicating that there is a market for mixed use of retail, office and residential in the City of Federal Way; and WHEREAS, recommended redevelopment strategies the City may desire to implement will be presented by the Leland Group later in 2005; and WHEREAS, it is anticipated that the Planned Action SEP A draft will be issued during the Summer of 2005 and will set forth capacity and mitigation requirements for redevelopment in the Restricted Area; and WHEREAS, private restrictions on real property within the Restricted Area are countcr to the Comprehensive Plan; and ORD# --__,PAGE2 WHEREAS, the Federal Way City Counçjl has determined that it is in the best interest of the City to prevent major investment and/or vesting of rights that conflict with the Comprehensive Plan and the City's intent to carefully and thoroughly plan for, and provide appropriate development regulations; and WHEREAS, the Federal Way City Council has determined that City staff should review and evaluate (1) the Leland Study with recommended strategies, (2) the Planned Action SEP A, (3) private restrictions onreal property, (4) ways to achieve greater density in downtown; (5) ways to encourage housing, office and multi-story development, (6) ways to maximize pedestrian opportunities, and (7) protection of the public health, safety and welfare; and WHEREAS, as required by RCW 35A.63.220, the Federal Way City Council will hold a public hearing within sixty (60) days of the passage of this ordinance to consider Staffs progress on a Work Plan; and WHEREAS, the potential adverse impacts on the public health, property, safety and welfare of the City and its citizens, as discussed above, justify the declaration of an emergency; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section I. Pumose. The purposes of this ordinance are to: (a) comply with the Growth Management Act (GMA), King County Countywide Planning Policies, and the City of Federal Way Comprehensive Plan (the "Comprehensive Plan"); (b) evaluate the Leland Study results and recommended redevelopment strategies; (c) complete the Planned Action SEP A; (d) plan for and implement appropriate development regulations for the Restricted Area in response to the Leland Study, recommended strategies, and rImmed Action SEPA; (e) prevent major investment and/or ORD# , PAGE 3 vesting of rights in conflict with the Comprehensive Plan and the City's intent to carefully and thoroughly plan for, and provide appropriate development regulations; (f) review and evaluate the impacts of private restrictions on real property that are counter to the Comprehensive Plan; (g) study ways to achieve greater density in downtown; (h) encourage housing, office and multi-story development in the downtown; (i) maximize pedestrian opportunities in the downtown; and (j) protect the public health, safety and welfare. Section 2. Duration. The interim zoning controls and restriction on acceptance of certain applications shall be in effect until December 7,2005, unless extended by the City Council pursuant to State law. Section 3. Restricted Area. The provisions of this ordinance shall apply to the City Center Core and a portion of the City Center Frame bounded on the north by South 31ih Street, bounded on the west by Pacific Highway South, bounded on the east by Interstate 5, and bounded on the South by the City Center Core (the "Restricted Area"). Section 4. Applications Restricted. From and after the effective date of this ordinance and through December 7, 2005, no new land use or building pennit applications for single- story single tenant buildings in excess of75,000 square feet, single-story multi-tenant buildings in excess of 10,000 square feet, drive-through businesses, casinos, card rooms, non-banking check cashing businesses, thrift stores, pawn shops, retail establishments primarily selling groceries, produce, and related items, or retail establishments primarily selling hardware, garden and related items within the Restricted Area shall be accepted by the City. The Department of Community Development Services shall "not process any application that does not meet the requirements ofthis ORD# ,PAGE 4 ordinance. The City Manager or designee shall have authority to make written detenninations as to the applicability ofthis section. Section 5. Exemptions. This ordinance specifically exempts Vested Applications, pennits or approvals that are required for upkeep, repair, or maintenance of existing buildings and . properties, or work mandated by the City to maintain public health and safety. The City Manager or designee shall have authority to make written determinations as to the applicability ofthis section. Section 6. Vested Applications. All vested applications shall continue to be processed according to the Federal Way City Code and land use regulations in effect on the date of vesting. An application will be legally vested for purposes of this Ordinance wl).en it is deemed complete by the Director of Community Development. The City Manager or designee shall have authority to make written detenninations as to the applicability of this section. Section 7. Work Plan/Direction to Staff. This ordinance is intended as an interim control to contain development in the Restricted Area until the City can more fully study the Leland Study, recommended redevelopment strategies, complete the Planned Action SEP A and achieve the purposes and intent ofthis ordinance. The City Council hereby directs the City Manager to develop a work plan for the Restricted Area consistent with the Comprehensive Plan, the Leland Study, the Planned Action SEP A draft, and the purpose and intent of this ordinance, which shall be presented to the City Counci I at the Public Hearing by August 6, 2005. The City Council hereby directs the City Manager to develop regulations for the Restricted Area consistent with the Work Plan, the Comprehensive Plan, the Leland Study, the Planned Action SEP A, and the purpose and intent ofthis ordinance which shall be presented to the City Council and/or the Planning Commission at the -_._-.,,--~ ---.- , PAGE 5 ORD# earliest possible date after the Public Hearing. The City Manager is encouraged to seek infonnal input from residents, businesses, cÜy staff and other interested members of the public. Section 8. Public Hearing. Pursuant to RCW 35A.63.220, a public hearing will be held for the purpose of adopting findings and conclusions in support of the provisions of this ordinance, adopting a work plan, and developing regulations to address the purposes of this ordinance by August 6, 2005 as required by RCW 35A.63.220. Section 9. 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 Üs application to other persons or circumstances. Section 10. Effective Date. This ordinance shall be effective five days after its passage, approval and publication as provided by law. PASSED by the City Council of the City of Federal Way this ,200- day of CITY OF FEDERAL WA Y MAYOR, DEAN McCOLGAN ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC ORD# , PAGE 6 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\Ordin\2005\Interim Zoning Control opt 2 ORD# , PAGE 7 MEETING DATE: June 7, 2005 ITEM# YI ~ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: DIVERSITY COMMISSION APPOINTMENTS CATEGORY: BUDGET IMP ACT: 0 CONSENT 0 RESOLUTION ¡:g¡ CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: none SUMMARYIBACKGROUND: At a specialmceting on June 7, 2005, the City Council will interview applicants to tìll three 3-year terms on the city's Diversity Commission. The Council will contìrm their new appointments during that evening's regular meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: nla PROPOSED MOTION: I hereby move thc appointment of the following persons to the city's Diversity Commission: Three 3-ycar terms expiring May 3 I, 2008 - Option to appoint alternate(s) with terms expiring April 30, 2008 - (The City Clerk will arrange for introductions and certificate presentations at the June 21 regular meeting) CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED D DENIED 0 T ABLEDIDEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # ST l' reading Enactment reading ORDINANCE # RESOLUTION # ----- REVISED - 05/10/2001 MEETING DATE: June 7, 2005 ITEM# x-Ckl-- CITY OF FEDERAL WAY City Council AGENDA BILL SlJßJECT: Community Center General Contract Bid Award C^T~:GORY: BUDGET 1M]' ACT: 0 CONSENT 0 RESOLUTION r8J CITY COlJNCIL BUSINESS 0 ORDINANCE 0 l>lJHUC lJEAIUNG 0 OTHIŒ, Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Community Center Bid Tabulation Sheet, Prior to the June 7, 2005 Regular City Council meeting, Vanir wi!1 provide an Executive Summary with a cost analysis, recommendation, budget update and milestone schcdu]e. SlJMMARYlBACKGROUND: On April 19,2005, City Council approved 100% design for the new community center including four bid alternates and gave authorization to advertise the project for bids. Fivc bids werc received and opened on May 26, see attached bid tabulation shect. The lowest reponsive, responsible bidder is Absher Construction with a lump sum, base bid of $13,063,000 plus alternates for a total bid of $14,193,000. This is within the scope ofthc estimated $14,553,479 building and site cost. CITY COlJNCIL COMMITTEE RECOMM~:ND^TlON: na PROI'OSED MOTION: "1 move to award the Community Ccnter construction contract to the lowcst responsive, responsible bidder, Abshcr Construction, to includc a!1 four bid alternates for a total of $14, 193,000, authorize the City Manager to execute the contract, and proceed with construction," CITY M~~~~;E~m~~~~>R~~~l,:-::=----~-- ~-" ---,~=~-~--"~~~-" - -- ,_:_~"'---"-~-~ ----~--~--, -.:-~ --~--S --- (Bh1.0W TO BE COMPLETh1J BY CITY CLERKS OFFICE) - --- COlJNCIL ACTION: 0 AI>PROVED 0 DENIED 0 TABLEU/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COlJNCIL HILL # 1 s,.. reading Enactment reading ORDINANCE # RESOLUTION # ----- _m ----------- ----------- ------------------ REVISED - 05/10/2001 ..--------- ------- ------ ------------ ...~ Fëéteral Way VANIR CONSTRUCTION MANAGEMENT, INc. Bid Name Federal Way Community Center Bid Number: RFB# 05-105 Bid Closing Date & Time: 5/2612005 (Thursday) 2:00 p.m. Bid Opening Date & Time: 5/2612005 (Thursday) 2:15 p.m. Bid Opening Place: City Hall Council Chambers Project :\:tanager: B Sanders/ P 253.835.6912 BID TABULA nON SHEET ITEM DESCRIPTION Bidder's Checklist 1 'AbSher 2 Sõitek 3 Bayley 4 wiCk 5 SWiñerton Bid Proposal Form (Section 00300) 1. Trench Safety Provision per RCW 39.04 (Yes/No) 2. Lump Sum, Base Bid 3, Alt. #1--Gymnasium Yes Yes Yes Yes Yes S 13,063,000.00 $ 13,696,000.00 $ 13,990,000.00 $ 14,141,000.00 $ 15,378,019,00 $ 566,000.00 S 540,000.00 $ 518,500.00 $ 523,000,00 S 552,818.00 $ 213,000.00 $ 228,000.00 $ 233,100.00 $ 236,000.00 $ 490,892.00 $ 219,000,00 $ 306,000,00 $ 257,300.00 $ 233,000,00 $ 273,619.00 S 132,000.00 S 125,000,00 S 118,100.00 $ 130,000.00 $ 128,018.00 4 Alt. #2--Multi-Purpose Rooms 5. All. #3-Jogging Walking Track 6. All. # 4--Climbing Wall Total Bid Aì:nount Yes Yes Bid Bond Form Executed (Yes/No) Yes Yes Yes Yes Yes Bid Bondt Cashier's Check (Yes/NofType) Yes Yes Yes Yes Yes Combined Affidavit & Certification Form (Yes/No) Yes Yes Yes Yes Yes I Contractor's Compliance Statement -- (Yes/No) Yes Yes Yes Yes Yes IComments: HVAC Subcontractor Eagle Harbor Plumbing Subcontractor Eagle Harbor Electrical Subcontractor Ault Electric MEETING DATE: June 7, ZOOS ITEM# ~ f7T (~) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Ordinance Setting Salary for Full-time Elected Municipal Court Judge m______---------------'-"""""""""""-""'----------------------------------------------------,..,..""""",""'........-..-------------------------------------..--..".."""""'-"-"'--"--------------_____--m______-------------------------______m__~___------------------------'------"_....__'m_....,..__..--......m.................'........'....'.........................""""""""""""""""""""""" CATEGORY: BUDGET IMP ACT: D CONSENT [8J ORDINANCE mount Budgeted: $ D RESOLUTION D PUBLIC HEARING xpenditure Amt,: $ D CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $ ----------".....,....""" m_--____---------------""""""""""""""""""""""""'------------------______m ------- -- - ----------------.._-------------------------.._----------------- --"-------,, --.....-....""..""..-......"'-.. ............,......--............ A TT ACHMENTS: Memo to FinancelEconomic DevelopmentJRegional Affairs Conunittee (FEDRAC) and Amended Ordinance reflecting the Committee's recommendation ........,...............................-- ..-------------------"-,,..,_........................,......................------------------------"" ..m-m -----"-"'--""'-"""'----------------------------- - - ----------------- - -,------ -"_.._------,,--,,---,, SUMMARYIBACKGROUND: On AprilS, 2005, the City Council decided that the Judge would become a full- time elected position on January 1,2006. As provided in RCW 3.50.080 and FWCC Chapter 2, Section 312 (j) the City Council must establish the position's salary by ordinance. King County Records requests that Council do so before the deadline for those wishing to declare their candidacy, as the salary detennines the amount of the filing fee. Three options were presented for Council consideration: I) maintaining the current pay rate and adjusting it from 0.8 to 1.00 FTE, 2) increasing the salary to the average market rate, or 3) increasing the salary to 95% of the district court judge salary to allow the City to receive funding from the Court Improvement Fund as established by 2005 legislation. The Council FEDRAC Conunittee considered the above options and is forwarding Option 3 - to set Federal Way Municipal Judge's salary at 95% of District Court Judges' salary - to the full Council for approval. The attached ordinance has been modified from the draft reviewed by the Committee to reflect their recommendation. Specifically, the modifications are: 1) Establish the municipal judge's salary to be based on 95% of district court judges salary starting January 1, 2006, and as amended thereafter vs. set by Council annually; 2) Modify the initial salary to reflect the new pay rate of $115,911.40 per year or $9,659.28 per month based on 95% of the new District Court Judge's pay effective September 1 2005, just approved by the State Salary Commission. While this new pay rate, the cost is approximately $7,400 more than maintaining current pay rate, it will allow the city to receive the State Court Improvement Fund currently is funded at $12,500 per year. .........,.........."........-..-----..- ---------------------------------"--___"__m_- """""""""""""""""""""""-""'--"-'---------- _m______-------------------------.------ --m______-------------------______m_"_"__---""-"----"----.. ........-....--"....-""......-..........-....."..,,------ CITY COUNCIL COMMITTEE RECOMMENDATION: Adopt the attached ordinance to establish the salary for the full-time elected Municipal Court Judge at 95% of the district court judges' compensation, adjust in the future, and provide benefits as a non-represented employee. ----------------------.. """"""'---"-----------------------------------------"---m____m________m ""-""""""""""""""""""""""""""""""""""""""""""""'" .........,..............................................................,..,......, PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on June 21, 2005." ~~~¡~:;:;~ ~~- ~::::=:~)- COUNCIL ACTION: 0 APPROVED 0 DENIED D T ABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # J73 REVISED - 05/10/2001 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: May 24, 2005 Finance, Economic Development and Regional Affairs Committee oa. vid MOo~ anager ~ Mary MC~:~~:::n Resources Manager~ Iwen Wang, Management Services Director ~ VIA: FROM: SUBJECT: Salary for Full-time Elected Municipal Court Judge Policy Question What salary does the City Council desire to establish for the full-time elected Municipal Court Judge position effective January 1, 2006? Background Since the City of Federal Way Municipal Court began operating in January 2000, the Municipal Court Judge has been a .80 FTE position (working 32 hours per week) appointed by the City Manager. On AprilS, 2005, the City Council decided that the Municipal Court Judge position would be a full-time elected position effective January 1,2006. As provided in RCW 3.50.080 and FWCC Chapter 2, § 312 G) the City Council must establish the salary for the position by ordinance, King County Records requests that Council establish the salary before the tí ling deadline for candidates wishing to declare their candidacy for the elected position as the salary determines the amount of the filing fee. Current Salary The current contract compensation for the 0.8 FTE appointed position is $8,694 per month, including benefits, Mandatory contributions by the City for Medicare, PERS, FWRS and group insurance plan premiums in lieu of social security, unemployment and workers compensation, totaling $839.431 per month are deducted ftom the compensation. Health insurance benefits are not currently provided, but the equivalent 80% amount for a typical covered family 2 \'..! I be $620.74 per month. Deducting these benefit costs from the total compensation results in a net base wage of$7,233.82 per month for the 0.8 FTE; or $9,042 per month for the 1.00 FTE. This maintains the current compensation rate but adjusts for the additional hours worked, 1 FWRS is calculated on annual max then divided by 12. 2 The average covered family for medical benefit consists of employee and 2 dependents. The employer portion of this combination is $622(M) + $138.70 (0) + $15.23 (V) per month. 0.8 FTE cost = $620.74, ~-l Market Survey The following table provides currently salaries for the Municipal Court Judge position in comparable cities in Western Washington. AUBURN FT Elected $9674/month BELLINGHAM FT Elected $8,586/month EVERETT FT Elected $9,872/month* KENT 2 FT - Will be Elected $9,404/month KIRKLAND Appointed - 30 hours/week $10,400/month (FT equiv) LAKEWOOD Contract - Point system based $4,000/month average (not on filings. 26 hours/week included in avg calculation) OLYMPIA FT Elected $8,066/month RENTON FT Elected $8,778/month AVERAGE $9,254/month ($1 1 1,048/year) * Everett's rate is 100% of district court judge's pay. The rates provided in the table reflect base salaries. A full benefit package is typically provided in addition to the salary rates shown, Options 1. Adopt the attached ordinance to establish the salary for the full-time elected Municipal Court Judge at $9,042/month or $1O8,504/year effective January 1,2006, and to provide for annual increases equivalent to the percentage provided to non-represented employees, and to provide the same benefits as for non-represented employees, This option maintains the current salary rate for the position and adjusts it for the increase in hours worked. On the positive side, this reflects the intent of the Council that the decision to have an elected versus appointed Municipal Court Judge be as cost-neutral as possible, However, this option establishes the salary for the position below the market rate, 2. Adopt the attached ordinance to establish the salary for the full-time elected Municipal Court Judge at $9254/month or $111,048/year effective January 1, 2006, and to provide for annual increases equivalent to the percentage provided to non-represented employees, and to provide the same benefits as for non-represented employees. This option sets the salary for the position at the average of the market. A higher, market-based salary may attract more qualified candidates. However, this increases the pay and benefit cost by around $2,800/year over Option 1 above. -p- 2 3, Adopt the attached ordinance to establish the salary for the full-time elected Municipal Court Judge at the rate of$9,378/month or $112,536/year effective January 1, 2006, or at 95% of the compensation for district court judges, as it is adjusted in the future, and to provide the same benefits as for non-represented employees. This option increases the pay and benefit cost by approximately $4,500/year over Option 1, or $1, 700/year over Option 2, but it will allow the City to receive approximately $ 12,500/year during the 05/07 biennium from the Court Improvement Fun as established by 2005 legislation. The amount could potentially be more in future biennia up to 50% of the judge's salary. The use of Court Improvement Fund money is restricted to improve court staffing, programs, facilities or services as appropriated by the Council. Staff recommendation Approve Option 3 to adopt the attached ordinance to establish the salary for the full-time elected Municipal Court Judge at 95% of district court judge pay effective January 1, 2006, and to provide the same benefits as for non-represented employees. Committee recommendation Forward option - to the full City Council for approval on June 7,2005. ... ....... . . ......... . .' ,'"",,"""""',"'... .' .' .""" ".." ."".. ..'" .' ........ . . . . ... .. .' .... . 5?MITrÈE~~T'" 'þ- 3 ORDINANCE NO. OR~f1 5(f I! tJ s;- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE CHAPTER TWO, ARTICLE X, SECTION 2-311 TO SET THE MUNICIPAL COURT JUDGES SALARY (AMENDING ORDINANCE NlJMBIi:RS 99-339, 01-397, 05-484), WHEREAS, RCW 3.50.080 requires salaries of municipal court judges to be fixed by ordinance; and WHEREAS, Chapter Two, Article X, Section 2-311(j) ofthe [<ederal Way City Code requires the compensation for the municipal court judges to be set by the city council by ordinance; and WHEREAS, the City has historically set the municipal court judges compensation in the budget ordinance; and WHEREAS, the municipal court judge position has been converted to a full-time elected position; and WHEREAS, King County Elections Division requires salary information in order to set candidate filing fees; and WHEREAS, the City has detennined that it is desirable to set the 2HO{t municipal court judges salary herein at 95% of the District Court Judges' salaries established, and hereafter amcndcd, hv the,'- State Salary Commissionand to set the- municipal court judges ooH1f)ensation by budget ordinanœ+hcreaJ:teF; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDFR : - WA Y, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1, Section 2-311 ofthe City of Federal Way Administration Code Chapteri:; ,m!C,;~;Vi as follows: ORD# "PAGE I 2-311 Municipal judge, (a) Appointment. Within 30 days after the effective date of the ordinance codified in this article, the city manager shall appoint a municipal judge, who shall commence work on or about December 15, 1999, and who shall work less thana full-time equivalent as defined in RCW 3,50.055 as it now exists or may hereafter be amended. Pursuant to RCW 35A.13.080, this appointment is subject to confinnation by the city council. (b) Term. The municipal court judge shall serve a term of two years, with the initial appointment of the judge under this chapter expiring December 31, 200 I. On or before December I, 200 I, the city manager shall make an appointment of a judge for a term commencing January 1,2002, and expiring December 31, 2005; provided, that the judicial position eontinucs as a less than full-time equivalent position as defined in RCW 3.50.055 as it now exists or may hereafter be amended. EtIective January I, 2006, the municipal court judge shaH bc a full time elected position offorty hours per week. TIle relevant election win be held during the general election in the fall of 2005. The term length and frequency of elections will proceed as required under RCW 3.50.050 as it now exists or may hereafter be amended. (c) Judicial qualifications. At the time of the appointment or election, the person appointed or elected shall be qualified for the position of municipal judge under city rules as the city council may adopt by resolution or ordinance and state statutes, such as RCW 3.50.040 and 3.50.050. (d) Additional judges. Additional fulI- or part-time municipal judge positions will be filled in accordance with RCW 3,50.055 and RCW 3.50.070 as they now exist or may hereafter be amended, when in the judgment of the city manager and/or the city council, as applicable, the public interest and the administration of justice makes such additional judge or judges necessary. (e) Judges pro tern, The municipal court judge shall, in writing, appoint judges pro tem who shall serve in absence, disability, or disqualification ofthe regular judge of the municipal court, subsequent to the filing of an affidavit of prejudice, or when the administration of justice and the accomplishment ofthe work of the court make it necessary. A pro tem judge's tenn of appointment shall also be specified in writing. The judges pro tem shall receive such compensation as is received, on an hourly basis, by the municipal judge, or as otherwise fixed by resolution or by the ordinances of the city. The judges pro tem shall meet the qualifications required for the position of judge of the municipal court as provided herein. Before entering upon judicial duties, each judge pro tem shall take, subscribe, and file an oath in the same fonn as that of the duly appointed municipal judge, and thereafter shall have all of the powers of the appointed municipaljudge. When deemed necessary, the municipal court judge may make a temporary appointment of a judge pro tem, to preserve an individual's rights according to law, or to respond to cmergency circumstances, effective for up to one week. (f) Vacancy. Any vacancy in the municipal court due to death, disability, or resignation ofajudge shall be filled by the city manager, for the remainder of the unexpired term, The appointment shall be subject to the confirmation of the city council. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this section. (g) Removal. During the term of his or her appointment or election, a municipal com1judge shall be removed only upon conviction of misconduct or malfeasance in oflice, or because of physical or mental disability rendering the judge incapable of performing the duties of the office; provided, that a municipal court judge is also subject to disciplinary actions by the commission on judicial conduct and the Supreme Court, as described in Chapter 2.64 RCW. ORD# , PAGE 2 (h) Oath. Every judge ofthc municipal court, before entering upon the duties ofthe office, shall take and subscribe the following oath or affinnation: "I do solerrinly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Washington, and that ! will faithfully discharge the duties ofthe office of judge ofthe Municipal Court of the City of Federa! Way, according to the best of my ability," The oath shall be filed in the office of the King County auditor and with the Federal Way city clerk. (i) Bonds. Every municipal court judge shall give such bonds to the state and city for the faithful perfonnance of the judge's duties as may be required by law or city ordinance. U) Compensation. Pursuant to RCW 3.50.080, the compensation for the municipal court judges shall be set by the city council by ordinancc. CommcncíngJanuarv 1,2006, the annual salary shall be Q.ng 1!!olnQred-FitìeenIh91!fißJld NineHll)l~!L;;cd Eleven 'll1Q40¿H)j)J}Qllm~($115,911.40), which is ninety-five percent (95%) of District Court Judges' salary, and shall be maintained thereafter at ninetv-five percent (95%) of the District Court Judges' salary as set hv the State Salary Commission, The Municipal Court Judge shall receive the same benefits as the non-represented City emplovecs. Other terms-o-femployment shall he set by a personal ~;erviees agreement which may beft€€ttteè-17y--tItc city and the uppointed-judt:,~ (Ord. No, 99-339, § 1,3-16-99; Ord. No. 01-397, § I, 7-17~OL Ord, No. 05-484, Q 1,4-14-05)) Section 2. 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 thereofto any pcrson or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affinlled. Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law, PASSED by the City Council of the City of Federal Way this - day of June, 2005. CITY OF FEDERAL WAY MA YOR, DEAN McCOLGAN ATfEST: - CITY CLERK, N. CHRISTINE GREEN, CMC ORD# , PAGE 3 APPROVED AS TO FORM: - .."- Crry ATTORNEY, PATRICIA A, RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: ACCEPTANCE: K\ORDIN\2005\judicial salary ORD# ,PAGE 4 MEETING DATE: June 7, 2005 ITEM# JI/( - Ct-:J CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Proposed Amendment to VSNL Telecommunications Franchise (Ordinance No. 05-485) CATEGORY: BUDGET IMP ACT: D CONSENT D RESOLUTION D CITY COUNCIL BUSINESS ~ ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt,: Contingency Req'd: $0.00 $ $ ATTACHMENTS: Memorandum dated May 24, 2005 to the Finance, Economic Development and Regional Affairs Committee, Proposed Amendment SUMMARY /BACKGROUND: Tyco and certain affiliates of VSNL entered into a Stock and Asset Purchase Agreement on November 1, 2004, under which the VSNL affiliates will acquire the Tyco Global Network, a portion of which is located within the City of Federal Way Right-of-Way. On April 19, 2005, the City Council enacted Ordinance No. 05-485, granting VSNL Telecommunications (US), Inc. a nonexclusive franchise to occupy rights of way within the City for the purposes of installing, constructing, maintaining, repairing, and restoring a fiber optic communications system within the City. The transfer of the Tyco Global Network to the VSNL affiliates was not completed as originally scheduled, but is now scheduled to occur during the month of June, 2005. VSNL has no authority over the Tyco Global Network or authority to accept the Franchise on behalf of the VSNL affiliates, until the transfer is complete. The Amendment would extend the Acceptance date until July 25, 2005, after the TycoNSNL transaction is completed. CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the proposed Amendment. PROPOSED MOTION: "I move the proposed Amendment to second reading and approval at the next regular meeting on June 21, 2005" CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED COUNCIL BILL # .J7F D DENIED D T ABLED/DEFERREDINO ACTION 0 MOVED TO SECOND READING (ordinances only) 1 ST reading Enactment reading ORDINANCE # RESOLUTION # K:\AGNDITEM\2005\amend VSNL Franchise CITY OF FEDERAL WAY MEMORANDUM DATE: May 24, 2005 TO: Finance, Economic Development and Regional Affairs Committee David H. M~anager v 'L Karen Kirkpatrick, Deputy City Attomey{~ VIA: FROM: SUBJECT: Proposed Amendment to VSNL Telecommunications Franchise (Ordinance No. 05-485) Policy Issue Should the City amend the VSNL Telecommunications (VSNL) Franchise (Ordinance No. 05-485) to extend the acceptance period to allow for the completion of the transfer of the Tyco Global Network to the VSNL affiliates before requiring acceptance by the VSNL affiliates? Background Tyco and certain affiliates ofVSNL entered into a Stock and Asset Purchase Agreement on November 1,2004, under which the VSNL affiliates will acquire the Tyco Global Network, a portion of which is located within the City of Federal Way Right-of-Way. On April 19, 2005, the City Council enacted Ordinance No. 05-485, granting VSNL Telecommunications (US), Inc. a nonexclusive franchise to occupy rights of way within the City for the purposes of installing, constructing, maintaining, repairing, and restoring a fiber optic communications system within the City. The transfer of the Tyco Global Network to the VSNL affiliates was not completed as originally scheduled, but is now scheduled to occur during the month of June, 2005, VSNL has no authority over the Tyco Global Network or authority to accept the Franchise on behal f of the VSNL affiliates, until the transfer is complete. Options 1. Recommend approval of the Amendment and forward to the full council for first reading at the June 7, 2005 meeting. 2. Recommend rejection of the Amendment. Gl 3. Recommend modification of the Amendment and forward to the full council for first reading at the June 7, 2005 meeting. . Staff Recommendation Approve the Amendment and forward to the full council for first reading at the June 7,2005 meeting. (Option 1) Committee Recommendation Forward option - to the full City Council for placement on the June 7, 2005 City Council Agenda for first reading with a "do pass" recommendation. Jli!~ L APPROV AL OF COMMITTEE ACTION: K:\agnditem\fedrac\amend VSNL ordinance GZ- ORDINANCE NO. 05 - DRAFT 0/ ð~ tt-r AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE NO. 05-485 TO EXTEND THE PERIOD OF ACCEPT ANCE FOR ORDINANCE NO. 05-485 GRANTING VSNL TELECOMMUNICATIONS (US), INc., A DELAWARE CORPORATION, A NONEXCLUSIVE FRANCHISE TO OCCUpy RIGHTS- OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, FOR THE PURPOSES OF MAINTAINING, REPAIRING, AND RESTORING A FIBER OPTIC COMMUNICATIONS SYSTEM WITHIN AND THROUGH THE CITY OF FEDERAL WAY. WHEREAS, VSNL Telecommunications (US) Inc., a Delaware corporation, ("VSNL") requested a franchise from the City of Federal Way, in order to maintain, repair, and restore a portion of Williams Communications' fiber optic communications system within the Military Road right-of-way; and WHEREAS, on August 1, 2000, the City Council enacted Ordinance No. 00-371, granting Williams Communications a nonexclusive franchise to occupy rights of way within the City for the purposes of installing, constructing, maintaining, repairing, and restoring a fiber optic communications system within the City; and WHEREAS, Section 24.3.1 of the Williams Communications' franchise requires that Williams Communications obtain the City's approval before transferring or assigning any portion of the communications system under the franchise Ordinance No. 00-371; and WHEREAS, Williams Communications and Tyco entered into a joint build G3 agreement whereby Tyco took title to four (4) of the ducts installed; and WHEREAS, Tyco and certain affiliates of VSNL entered into a Stock and Asset Purchase Agreement on November 1, 2004, under which the VSNL affiliates will acquire the Tyco Global Network; and WHEREAS, on April 19, 2005, the City Council enacted Ordinance No. 05-485, granting VSNL Telecommunications (US), Inc. a nonexclusive franchise to occupy rights of way within the City for the purposes of installing, constructing, maintaining, repairing, and restoring a fiber optic communications system within the City (the Franchise Agreement); and WHEREAS, the transfer of the Tyco Global Network to the VSNL affiliates has not yet been completed, but is scheduled to occur during the month ofJune, 2005; and WHEREAS, VSNL has no authority over the Tyco Global Network or authority to accept the Franchise on behalf ofthe VSNL affiliates until the transfer is complete; and WHEREAS, the Cíty Council of Federal Way finds it is in the public interest to extend the acceptance period to allow for the completion of the transfer ofthe Tyco Global Network to the VSNL affiliates before requiring acceptance by the VSNL affiliates (the Amendment); NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment. Section 2 of Ordinance No. 05-485 is hereby amended as follows: Grant! Acceptance 2.1 Grant of Franchise. The City hereby grants to Franchisee the nonexclusive GLf right to enter upon the Franchise Area for the limited purpose of installing and maintaining the fiber running through the Facilities within the Franchise Area. This franchise is specifically limited to the right for Franchisee to maintain Facilities owned and operated by Franchisee. Franchisee may not provide cable television or open video system services, unless it first obtains a cable television fi-anchise or open video system fi-anchise or agreement from the City. 2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor shall Franchisee be bound by the tenus and conditions of this Franchise, unless Franchisee shall, within thirty (30) days after tho affective date ofthis FranchisohY July 25,2005, file with the City its written acceptance of this Franchise and all of its tenus and conditions. Section 2. Full Force and Effect. All other tenus and conditions of the Franchise Agreement not modified by this Amendment shall remain in full force and effect. Section 3. Severability If any section, sentence, clause, or phrase of this Amendment should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Franchise. Section 4. Ratification Any act consistent with the authority and prior to the effective date of this Amendment is hereby ratified and affinued. U? Effective Date This ordinance shall take effect and be in force 30 Section 5. days from the time of its final passage, as provided by law, provided it has been duly accepted by Franchisee as herein provided above. PASSED by the City Council of the City of Federal Way this - day of , 2005. CITY OF FEDERAL WAY MAYOR, DEAN McCOLGAN ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO,: ACCEPTANCE: K:\Te1ccom\ VSNL Franchise\Amendmcnt (;{¿,