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Council PKT 10-04-2005 Special/Regular A Federal Way City Council Meeting AGENDA COUNCILMEMBERS Dean McColgan, Mayor Jeanne Burbidge Jim Ferrell Jack Dovey Linda Kochmar Eric Faison Mike Park CITY MANAGER David H. Moseley Office of the City Clerk October 4,2005 AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall October 4, 2005 (www.cilyqffederalway.com) * * * * Study Session - 5:30 p.m. I. CALL MEETING TO ORDER II. LODGING TAX ADVISORY COMMITTEE INTERVIEWS III. PLANNING COMMISSION INTERVIEWS IV. ADJOURNMENT Re2:ular Meetin2 -7:00 p.m. I. CALL MEETING TO ORDER II. PLEDGE OF ALLEGIANCE Ill. PRESENTATIONS a. Swearing-In Ceremony/Police Officers h. Puhlic Safety Department Presentation of Awards c. Proclamation/National DECA Week October 5 - 12 d. Youth Commission/Appreciation Plaquc (outzoinz) e. Youth Commission Introductions/Certificates f. Introduction of New Employees/City Manager g. Emerging Issues/City Manager (Page 1 0{3) IV. CITIZEN COMMENT PLh"'ASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAK/N(r. Citizens may address Ci(V Council at this time. When recognized by the /Ilayor, please conlt'jiJrward to the podium and state your namejbr the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) M/Nl/7ES'. rhe Mayor may interrupt citizen comments that continue too long, re/ate negative(y to other individuals, or are otherwise inappropriate. V. CONSENT AGENDA Items listed below have heen previously reviewed hy a ('ouncil ('ommittee of three memhers and hrought hefill'e filII ('ounell/ilr approval; all items are enacted l~)! one motion. Individual items nUl)! be removed hy a ('ouncilmemberfbr separate discussion and suhsequent motion. a. Minutes/September 20, 2005 Regular Meeting b. Resolution/Windswept Final Plat c. Resolution/The Greens Preliminary Plat d. Resolution/Establish the City Hall Facility Use Policy e. Resolution/Solid Waste and Recycling 2006-2007 Grant Approvals f. Lakehaven Interlocal Agreement Preliminary Engineering g. 2005/2007 Implementation of Commute Trip Reduction (CrR) Plans & Agreement with Washington State Department of Transportation h. 2005/2006 Implementation of Commute Trip Reduction (CTR) Plans & Agreement with King County 1, Adelaide Neighborhood Traffic Safety - 21 sl Ave SW J. Diversity Commission Business Plan k. Enactment Ordinance/CC Bill #377/Commercial Vehicles On-Street Parking in Residential Areas (postponedfrom July 5, 2005 meeting) L Enactment Ordinance/CC Bill #385/Freeway Profile Sign Code Amendment m. Cottages at Hoyt Road Preliminary Plat Revisions VI. CITY COUNCIL BUSINESS a. Lodging Tax Advisory Committee Appointments b. Planning Commission Appointments c. Proposed Purchase of Camp Kilworth d. Approval of New City Hall Contract c. Resolution/City Center Redevelopment Strategies f. Downtown Revitalization Fund (Page 2 (~l3) VII. INTRODUCTION ORDINANCES a. Council Bill #386/21 Sf Ave. Condemnation AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE CONDEMNATION, APPROPRIATION, TAKING AND/OR ACQUISITION OF CERTAIN REAL PROPERTY AND/OR EASEMENTS FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING RIGHT- OF-W A Y IMPROVEMENTS IN THE VICINITY OF 21 ST A VENUE SOUTH (SOUTH 318111 STREET TO SOUTH 320TH STREET), TOGETHER WITH ALL APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS AI,L WITHIN THE CITY OF FEDERAL WAY; AND DIRECTING THE CITY ATTORNEY TO FILE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION. b. Council Bill #387INeighhorhood Business Code Amendments AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY CITY CODE (FWCC) RELATING TO DEFINITIONS FOR "81G BOX RETAIL" AND "SELF-SERVICE STORAGE FACILITIES"; ALLOWING ADDITIONAL USES IN THE NEIGHBORHOOD BUSINESS (BN) ZONE; AND CLARI[7YING REGULATIONS FOR THE BN ZONE (AMENDING ORDINANCE NO'S 90-43, 90-51, 91-87, 91-92, 91-100, 91-105,91-113,93-170,94-223,95-245,96-269, 96-270, 97-291, 97-295, 97-296, 97-300, 97-307,99-337,99-348,99-353,99-357,00-363, 00-375, 01-385, 01-390, 01-399, 02-424, 03-443,03-446,03-450,04-457,04-468) V Ill. CITY COUNCIL REPORTS IX. CITY MANAGER REPORT X. EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.11 O( I )(i) Collective Bargaining/Pursuant to RCW 42.30.140(4)(a) X. ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON nIE AGENDA "* THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REYIEW AT CITY HALL AND ON THE CITY'S WEBSITE IJNDER CITY COIJNClL MEETING AGENDA AND PACKETS-YOU MAY ALSO E-SIJBSCRIBE TO RECEIVE ONGOING NOTIFICATION OF CITY COUNCIL UPDATES (Page] oj']) ----- PROCLAMATION "NATIONAL DECA WEEK" WHEREAS, the Decatur High School DECA (Distributive Education Clubs of America) chapter will he celebmting "National DECA Week" during the week of October 5'h - lih, 2005; and WHEREAS, DECA is a national association of marketing education students, providing teachers and members with educational and leadership development activities to merge with the education classroom instructional program; and WHEREAS, although DECA consists primarily of stude'nts in marketing progmms, memhership also extends to alumni, to professionals in marketing education, and to marketing teacher education, by working hand-in-hand with the education and business communities; and WIlEREAS, DECA '.I' goal isfor its student members to develop a "career success kit " to carry into their business and personal lives after graduation, and to accomplish this DECA utilizes on-the-job experience, chapter projects and a program of competency-based competitive events in specific marketing occupational areas; NOW, THEREFORE, we, the undersigned Councilmembers of the City of Federal Way, Washington, do hereby proclaim the week of October 5 -12 as "NATIONAL DEc"'A WEEK" in the Ciry of Fedeml Way, and do hereby encourage businesses and citizens to encourage the development of student leadership, to promote an appreciation for our free enterprise system, and to develop an awarenessfor the importance a/good citizenship. SIGNED this lh day of October, 2005. CITY OF FEDERAL WAY Dean McColgan, Mayor Linda Kachmar, Deputy Mayor Jeanne Burbidge, Coundlmember Jim Ferrell, Councilmemher Jack Dovey, Coundlmember Mike Park, Coundlmember MEETING DATE: October 4, 2005 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES '" ",,,,,,,,,,,,.,,..,,,, """""",,,.,,,,,,,,,..,,,,,,,,,,,,,,,,,,,,.,"",,,,. CATEGORY: BUDGET IMP ACT: 0 CONSENT 0 ORDINANCE Amount Budgeted: $ 0 RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $ 0 CITY COIJNCIL BUSINESS 0 OTHER Contingency Req'd: $ ATT ACHMENTS: Draft minutes of the City Council regular meeting held on September 20, 2005 SUMMARY /BACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: N/ A I PROPOSED MOTION: "I move approval oftheminutes of the City Council regular meeting held on September 20,2005," CITY MANAGER APPROYAL'. ~~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFlCE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED ST l' reading 0 T ABLEDfDEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCI;: # RESOLUTION # -~"~~,",~,~ REVISED - 05/10/2001 --.----.-..--..... Fetleral Way City Council Regular Meeting Minutes September 20,2005 - Page 1 ol8 FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall September 20, 2005 -7:00 p.m. Draft Minutes I. CALL MEETING TO ORDER Mayor McColgan called the regular meeting ofthe Federal Way City Council to order at 7:05 p.m. Councilmembers present: Mayor Dean McColgan, Deputy Mayor Linda Kochmar, and Councilmembcrs Jcanne Burbidge, Jim F.errell, and Mike Park. Staff prescnt: Assistant City Manager Derek Matheson, City Attorney Pat Richardson, and Interim City Clerk Jason Suzaka. II. PLEDGE OF ALLEGIANCE Mayor McColgan called upon Deputy Mayor Kochmar to lead the flag salute. Mayor McColgan excused Councilmember Dovey, who is out of town and unable to attend tonight's meeting. MOTION BY COUNCILMEMBER MCCOLGAN TO AMEND THE AGENDA FOR TONIGHT'S MEETING TO ADD THE DISCUSSION OF AMENDMENT TO COTTAGES AT HOYT ROAD PRELIMINARY PLAT CONDITIONS AS AGENDA ITEM B UNDER SECTION "VI- CITY COUNCIL BUSINESS." MOTION SECONDED BY DEPUTY MAYOR KOCH MAR. The motion passed as follows: Burbidge yes Kochmar yes Dovcy absent McColgan yes Faison yes Park yes Ferrell ycs III. PRESENTA TIONS a. Proclamation/Mayor's Dav of Concern for the Hungry Mayor McColgan read aloud the proclamation, and presented it to Linda Purlee ofthc South King County Multi-Service Center. Ms. Purlee accepted the proclamation and thanked the Council for their support. Federal Way City Council Regular Meeting Minutes September 20, 2005 - Page 2 of 8 b. Proclamation/Constitution Week (September 17-23,2005) Mayor McColgan read aloud the proclamation, and presented it to Peggy Eisaman. Ms. Eisaman acceptcd the proclamation and thanked the Council for their support. c. ProclamationlNational Preparedness Month - September Mayor McColgan read aloud the proclamation, and presented it to Public Works Director Cary Roe. Mr. Roe accepted the proclamation, thanked the Council for their support, and stressed the importance of being prepared for emergency situations. d. Civil Service Commission/Appreciation Plaque (outgoing) Councilmember Burbidge recognized outgoing commissioner Dave Froyalde and presented him with a plaque of appreciation. Mr. Froyalde thanked the Council, staff, and citizens for their support. e. Parks and Recreation Commission/Introduction & Certificate of Appointment (unexpired term) Councilmember Burbidge recognized Marie Sciaqua as the new Parks and Recreation commissioner, and present cd hcr with a certificate of appointment to fill the unexpired tcrm of outgoing commissioner Joe llcnry. Her term expircs April 30,2007. f. Introduction of New StaWCity Manager City Manager Moseley introduced Rob Sanders (Chef/Kitchen Supervisor for Dumas Bay Centre) and Audy Viloria (Lateral Police Officer). Both employees were unable to attend tonight's meeting. g. Emerging Issues/City Manager City Manager Moseley rcported no emerging issues at this time. IV. CITIZEN COMMENT Marv Ehlis and Peg Altman: Interim City Clerk Jason Suzaka read their letter into the record. They urged the Council to purchase Camp Kilworth. Bob Walker: He stated his support tor the purchase of Camp Kilworth. Tom Pierson: The CEO of the Chamber of Commerce stated that the Chamber supports the Freeway Signs Code Amendmcnt itcm on the agenda and supports an amendment to change thc maximum size allowed to 300 square feet. Federal Way City Council Regular Meeting Minutes September 20, 2005 - Page 3 of 8 Bob Hitchcock: Mr. Hitchcock stated that as of today, the Chamber of Commerce opposes the purchase of Camp Kilworth, citing budget priorities. Dr. Steve DeTrav: As an alternate member of the Human Services Commission, Dr. Detray gave his support for the 2006 CDBG recommendations. Pam Stewart: Ms. Stewart, a representative of the Crisis Clinic, thanked the Council for the City's contribution to their organization. She urged continuation of the partnership. She also announced that beginning early 2006, there will he a 211 service (similar to 911) that can be used then citizens have an immediate need involving human services such as food, paying electric bills, etc. Norma Blanchard and Richard Schultz: They reported problems with code enforcement, citing inadequate staffing and timely responsiveness. Bene Dagan and Joey Kaye: Both residents thanked the City for improved police patrols and improvements to Coronado Park, and acknowledged the help provided by Lakehaven Utility District. Ms. Dagan support the potential purchase of the Camp Kilworth site, and asked that residents be able to vote on the issue. Ms. Kaye reported problems with abandoned shopping carts on 2151 and 348th. Alton McDonald: Mr. McDonald reported problems with the police department, citing police misconduct. Joe Amon: Mr. Amon is a local business owner and asked that the c-curb at Dash Point Road and 31 ih be at least partially removed. He requests an entry-only access, and stated that he is willing to pay the cost of removing the c-curb. He also submitted a handout to the Council. Andrew Reece and Rick Reece: Spoke of the potential purchase ofthe Camp Kilworth site and the value of the Boy Scouts of America. Rick Reece added that therc will bc a meeting on September 22nd at 7:00p.m. at the Fcderal Way Rcgional Library regarding the issue. Douglas Peffer: Mr. PetTer stated that he does not want to see the Kilworth site developed into homes and condominiums. Florinda Wyatt Sims: Ms. Sims thankcd the policc department for the extra patrols in her neighborhood. She also reported incidents of vandalism, trash, and shopping carts around the storm water pond near her housc. She would like to see the pond fenced in. Councilmember Ferrell asked for followup on the code enforcement issue. He also asked that the issues brought by Mr. Amon and Ms. Sims be placed on the Land Use/Transportation Committee agenda. City Manager Moseley spoke of the Go Carts program, and also spoke ofthe strategies to address the problem. Cart Recovcry Services is a local business that rounds up the carts. Deputy Mayor Kochmar asked for a press release on the upcoming 211 service. Federal Way City Council Regular Meeting Minutes September ]0, ]005 - Page 4 of 8 V. CONSENT AGENDA a. Minutes/September 6, 2005 Regular Meeting - Approved b. V ollchers - Approved c. Monthly Financial Report - Approved d. 2006 Asphalt Overlay Program Preliminary Project List and Authorization to Bid - Approved e. Transportation Safety Grants - Approved f. Neighborhood Traffic Safety - Adelaide I - Approved g. Neighborhood Traffic Safety ~ Sherwood Forest I - Approved h. Neighborhood Traflic Safety - Sherwood Forest 2 - Approved 1. Neighborhood Trai11c Safety - Silver Lake - Approved .I. Madrona Park - A ward Contract for Playground Equipment - Approved k. 2006 CDBG Program Recommendations - Approved 1. Changes to HomeSight First Homes Program - Approved m. Department of llomeland Security Buffer Zone Grant for Wild Waves and Enchanted Village - Approved n. Enactment Ordinance/CC Bill #381/Amendinf;?, FWCC to Authorize Court to Order Restitution in Hit & RlUl Cases - Enacted Ordinance #05-500 o. Enactment Ordinanee/CC Bill #382/Appointment of Civil Service Commissioners - Enacted Ordinance #05-501 p. Enactment Ordinance/CC Bill #383/Amending FWCC Chapter 6: To Criminalize the Making or Having Burglary or VehicIe Then Tools - Enacted Ordinance #05-502 q. Enactment Ordinancc/CC Hill #384/Pacific Highway South BOY I,anes Phase .111 Condemnation - Enacted Ordinance #05-503 Counc11member Burbidge pulled item (k) from the agenda. MOTION BY DEPUTY MAYOR KOCHMAR TO APPROVE CONSENT AGENDA ITEMS (a) through (j) and (I) through (q) AS PRESENTED; SECONDED BY COUNCILMEMBER BURBIDGE. The motion passed as follows: Burhidge yes Kochmar yes Dovey absent McColgan yes Faison yes Park yes Ferrell yes Consent Agenda item (k)/ 2006 CDBG Program Recommendations - Approved Councilmember Burbidge gave a list of the organizations being recommended for 2006 CDBG funding by the Human Scrviccs Commission. Councilmembcr Ferrcll recllsed himself from the item, as he is a board member on the South King County Multi-Service Center. The motion passed as follows: Burbidge yes Kochmar yes Dovey absent McColgan yes Federal Way City Council Regular Meeting Minutes ,r.,'eptember 20, 2005 - Page 5 (~f 8 Faison yes Park yes F crrell recused VI. CITY COUNCIL BUSINESS a. Youth Commission Appointments - Approved MOTION BY COUNCILMEMBER BURBIDGE TO RE-APPOINT CHELSEA WOLBERT TO A ONE-YEAR TERM EXPIRING AUGUST 31, 2006; APPOINT MICHELLE FERNANDEZ, LANELLE A V A, SHANNON BERNARDY, HANNA ORY, CLANCEY FOUR BEAR, DORIS .JEONG, ANTHONY HUTCHINSON TO TWO-YEAR TERMS EXPIRING AUGUST 31,2007; AND CATHERINE RAWSTHORNE TO A ONE-YEAR ALTERNATE TERM EXPIRING AUGUST 31, 2006; SECONDED BY DEPUTY MAYOR KOCHMAR. The motion passed as follows: Burbidge yes Kochmar yes Dovey absent McColgan yes Faison yes Park yes Ferrell yes b. Amendment to Cottages at Hoyt Road Preliminary Plat Conditions - Approved Community Development Director Kathy McClung gave a brief staff report. MOTION BY DEPUTY MAYOR KOCHMAR TO APPROVE AN AMENDMENT TO THE PRELIMINARY PLAT OF COTTAGES AT HOVT ROAD TO REMOVE TREES IDENTIFIED IN THE ARRORIST REPORT OF' SEPTEMBER 2, 2005 THAT POSE A POTENTIAL THREAT OF DAMAGE TO NEIGHBORING PROPERTIES. MOTION SECONDED BY COUNCILMEMBER FERRELL. The motion passed as follows: Burbidge yes Kochmar yes Dovey absent McColgan yes Faison yes Park yes Ferrell yes Vll. INTRODUCTION ORDINANCES a. Council Bill #385/Frceway Profile Sign Code Amendmcnt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDlNG FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE XVIII, "SIGNS," ADDING PROVISIONS FOR A FREEWAY PROFILE CATEGORY SIGN (AMENDING ORDINANCE NO'S. 90-43, 91-113, 92-135, 92-144, 95-235, 96-270, 97-307, 99- 342,99-348,99-357,01-398,05-486) lnterim City Clerk Jason Suzaka read the ordinance title into the record. Federal Way City Council Regular Meeting Minutes September 20, 200S - Page 6 (~f II City Manager Moseley called upon Senior Planncr Margaret Clark for a staff presentation. MOTION BY COUNCILMEMBER FAISON TO MOVE COUNCIL BILL #381 TO SECOND READING AND ENACTMENT ON SEPTEMBER 20; SECONDED BY COUNCILMEMBER I> ARK. MOTION BY COUNCILMEMBER FAISON TO AMEND THE ORDINANCE TO ALLOW 300 SQUARE FOOT AREA PER SIGN FACE FOR SIGNS. MOTION SECONDED BY COUNCILMEMBER PARK. The amendment passed as follows: Burbidge yes Kochmar yes Dovey absent McColgan yes Faison yes Park yes F errc 11 yes MOTION BY COUNCILMEMBER FAISON TO AMEND THE ORDINANCE BY ELIMINATING THE CITY CENTER CORE FROM CONSIDERATION (NOFREEW A V SIGNS IN CITY CENTER CORE). MOTION SECONDED BY COlJNCILMEMBER PARK. The amendment failcd as follows: Burbidge yes Kochmar no Dovey absent McColgan no Faison yes Park no Ferrell no MOTION BY COUNCILMEMBER BURBIDGE TO MOVE COUNCIL BILL #381 TO SECOND READING AS AMENDED AND ENACT ON SEPTEMBER 20; SECONDED BY DEPUTY MA YOll. KOCHMAR. The motion passed as follows: Burbidge yes Kochmar yes Dovey absent McColgan yes Faison yes Park yes Ferrell yes VIII. CITY COUNCIL REPORTS Deputy Mayor Kochmar: The new Boys and Girls Club "EX3" center opened. The Reebok Women's Triathlon was held on September 11th and was a great success. She also continues to meet with the Municipal Solid Waste Advisory Committee. The Federal Way Farmers Market continues to be held every Saturday through October 30 in the Sears parking lot at The Commons in Federal Way. Federal Way Ci(y Council Regular Meeting Minutes ,<.,'eptember 2(}, 2(}(}5 - Page 7 (~f 8 Councilmember Park: He will be attending the South Sound Business Bureau Networking Lunch on September 2211d. Thcy will be discussing tourism issues. The next Lodging Tax Advisory Committee meeting is scheduled for October I4th at 8:00am. He also congratulated the public saIety department for their CALEA reaccreditation. Councilmember Faison: The next Finance, Economic Development, and Regional Affairs Committee meeting will take place Septemher 27th at 5:00p.m. This is a time change from the usual 5:30p.m. to accommodate the City Council Special Meeting to immediately follow at 6:00p.m. in Council Chambers. Tomorrow he will be attending the King County Growth Management Planning Council in Seattle. They will be discussing South Lake Union as an urban center. Mayor McColgan: He read a letter of commendation addressed to the Chief of Police regarding Officer Hatfield during a ride along program. He will also he attcnding the executive board meeting of the Puget Sound Regional Council (PSRC); Fcderal Way was recently given a seat on the board at the last legislative session. Last Friday, the United Way held its annual Day of Caring in the community. Councilmember Burbidge: She thanked the police ffild parks departments for their work improving Coronado Park; she recently attcnded a block watch meeting in the area. The Mayor's Day of Concern for the Hungry is being held at grocery stores around Federal Way this Saturday; volunteers are needed to help out. She recently attended a meeting of the PSRC Transportation Policy Board; they were given a presentation on congestionand how traffic signal synchronization is being used to help alleviate it in our streets. COlUlcilmember Ferrell: He is attending the Suburban Cities Association Public Issues Committee meeting tomorrow at 7:00a.m. in Renton. Earlier today, LcIand Consulting gave a presentation on City Center Redevelopment Strategies. At the Parks, R.ecreation, Human Services, and Public Safety Committee meeting, they discussed strategies for prcventing the use of illegal fireworks in the city. Yesterday, the City/Lakehaven Utility District Liaison meeting was held; they discussed issues surrounding French Lake and Coronado Parks. IX. CITY MANAGER REPORT City Manager Moseley thanked Assistant City Mffilager Matheson and the rcst of city stail fl)f covering for him during his recent vacation. Emergency Management Training for emergency staff workers will be held next week, sponsored by the Department of Homeland Security. Staff continucs to work on issues identified at Dumas Bay Parle Parks Director Donna I-Janson recently met with the State Fish and Wildlife Division on the heron rookery and migrations issues. City Manager Moseley was also pleased to report that Chief Kirkpatrick of the Public Safety Department participated in the Reebok Women's Triathlon on September Illh and successfully placed in the top lOin her age group. Federal Way Ci(V Council Regular Meeting Minutes September 20,2005 - Page 8 (~l8 X. EXECUTIVE SESSION a. Property Acquisition/Pursuant to RCW 42.30.11 O( I )(b) b. Potential Litigation/Pursuant to RCW 42.30.110(1)(i) The Council recessed into executive session at 9: 15p.m, with an expected duration of approximately 30 minutes. Assistant City Manager Derek Matheson extended executive session another 15 minutes at 9:45p.m. The Council returned to chambers at IO:OOp.m. X. ADJOURNMENT There heing nothing further to discuss, Mayor McColgan adjourned the regular meeting or the Federal Way City Council at 10:00p.m. Jason S uzaka Interim City Clerk MEETING DATE: October 4, 2005 ITEM# ......."."""""",,,...,,. ..........._........_........__ .............................................,.,,'" ..................._m.... .........."""""""..""", . ..................._.........._....._ ......................_....__ mmmm......._............._....._.._.._. ................................_....... CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Final Plat of Windswept, File No. 04-104165-00-SU """""'...."..."'...,_...._., .m..........................___..~m .......................",,,,,"'., .m..........................................................."....",......".,"'.,." ... .....................-.....-........- mmmm......_.._... .._ mmmm.......................................................................",.,.,..,.",.",.".."".......""",... """,.....,..,'" CATEGORY: BUDGET IMP ACT: tzJ CONSENT D ORDINANCE Amount Budgeted: $0 tzJ RESOLUTION D PUBLIC HEARING Expenditure Amt.: $0 D CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $none ,,,......,,"''''.,,.,, ........................................,..,....""", ................"........... """"""."..,.".".- ...........-...-.-...-..-.......- .............................-.- .............................-...- .........................,.........................................................."....",,,,,..,,,,..... """""""""",,,.."',,....,,,,, ATTACHMENTS: September 14,2005, staff report with attachments to City Council/Land Use/ Transportation Committee, including draft Final Plat Resolution. ............................................"""""""......""".".".,.."......._..._...__..._...........~........,...."..,"""',.."..,'...""'."......--.-....-..-.-...-.-..----......-.-.-.................................~.~................................~...........,......................."..,",...,..,..."........,.."".."....................."......"".........,....."""".."""..,..",,,"',,,,...... SUMMARY/BACKGROUND: The applicant has submitted a request for final plat approval for the 7- lot Windswept subdivision. The Federal Way City Council approved the Windswept preliminary plat on October 17,2000. The City Council Land UsefTransportation Committee (LUTe) reviewed the final plat application at their Sept. 19,2005, meeting. .w_..___.._.__..__._____._.._ ............~....".....,......................"............"",,.,,"''''''_.........__............___......~._..............,.....,..,...,"',.......,""....."'.."'r"'..."'..__...,_,..,~,.".., ............,__,~...__."..._.~~..._._.....,..____._........_ .................. ................-..-.-...-...--,........_....._.........._.__ CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC voted to recommend approval of the Windswept final plat application to the full City Council. "'.."'."""".._.,.._.._......_._......_._-_._............~...............,,,.............,...,""""',.."',...".,,_.._--_..........._-_...__..._.~...............,,..........,....."""",........................"..""""",..,......"...,..,,........."....."''''~"..."........"............,......"''"..,"..""".,...,,......"....,,.............,...'''.",,,,,,,,.,,,.,..,,,..,,,...,.,.,,..,,,,.,"",,.~...,,,,,..,... PROPOSED MOTION: "I move approval of the Resolution approving the final plat of Windswept." ..............,......."'..,....................."''''''..--..--..---........---........-.....--...---.................................."........"""....-.".,...,...---.-...........-.-........._---_._...._..._.__._..._~-_._..__.._--_.......__....._~-_...._---~---_.._.~-~...._._~...._..........._.._.~~. CITY MANAGER APPROVAL: ~~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED COUNCIL BILL # D DENIED 1 ST reading D TABLEDIDEFERRED/NO ACTION Enactment reading D MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/1012001 Doc. 1.0. tl_", aTYDO A MEMORANDUM Federal Way DATE: September 14,2005 To: Jack Dovey, Chair. Land UsefTransportation Committee FROM: Deb Barker, Interim Senior Planner ~ VIA: Derek Matheson, Assistant City Manag~ SUBJECT: Final Plat of Windswept Federal Way File #04-104165-00-SU I. STAFF RECOMMENDATION Staff recommends that the Land Useffransportation Committee forward to the City Council a recommendation approving the Windswept Final Plat Resolution. II. SUMMARY OF APPLICATIONIEXHIBITS This application requests final plat approval for Windswept, a cluster subdivision of seven single-family lots on 2.82 acres. The Federal Way City Council granted preliminary plat approval for the seven-lot residential subdivision on October 17, 2000. The Windswept subdivision is located on the west side of Military Road at South 296th Place. Zoning for the site at the time of application was and continues to be Residential Single-Family (RS 9.6). Pursuant to Federal Way City Code (FWCC) Section 20-136, the City Council may approve the final plat application only ifall criteria of FWCC Section 20-136(b) are met. Findings and conclusions contained in the staff report to the City Council and referenced in the resolution indicate that the application is consistent with these criteria. The following exhibits are included with this memorandum: Exhibit A, Vicinity Map; Exhibit B, Final Plat Map; Exhibit C, Draft Resolution; and Exhibit D, Staff Report (with attaclunents). III. REASON FOR COUNCIL ACTION The final decision for final plats rest with the City Council in accordance with FWCC Section 20- 136(b). Bringing this matter before the City Council Land UsefTransportation Committee for review and recommendation prior to the full Council is consistent with how land use matters are currently processed by the City. IV. PROPOSED MOTION I move that the Land Useffransportation Committee forward to the City Council, and place on the October 4, 2005, City Council consent agenda, a recommendation approving the Windswept Final Plat Resolution. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF WINDSWEPT, FEDERAL WAY, WASHINGTON, FILE NO. 04-104165-00-SU WHEREAS, on August 29, 2000, the Federal Way Hearing Examiner conducted a public hearing on the preliminary plat application resulting in the September 11, 2000, recommendation of the Federal Way Hearing Examiner; and WHEREAS, the preliminary plat of Windswept, City of Federal Way File No. 91-100360-00-SU, was approved subject to conditions on October 17, 2000, by Federal Way City Council Resolution No. 00. 323; and WHEREAS, on September 9, 2003, the Federal Way Hearing Examiner granted a one-year extension to the preliminary plat application to October 17, 2004; and WHEREAS, the applicant submitted the application for final plat for Windswept on October 12,2004, which was within the required time of receiving approval for the above-referenced preliminary plat extension; and WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 00. 323; and WHEREAS, the City of Federal Way's Department of Community Development Services and Public Works Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval, and final plat decisional criteria, and their analysis and conclusions are set forth in the September 14, 2005 Staff Report, which is hereby incorporated by reference as though set forth in full; and WHEREAS, the applicant has complied with the condition of the mitigation measure of the September 26, 1998 State Environmental Policy Act Mitigated Determination of Non significance, as discussed in the September 14,2005 Staff Report; and Res. # . Page 1 WHEREAS, the City Council Land UselTransportation Committee considered the application and staff report for the Windswept final plat at its September 19,2005 meeting, and recommended approval by the full City Council; and WHEREAS, the City Council reviewed and considered the Staff Report and the application for final plat for Windswept during the Council's October 4,2005 meeting. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findinl!:s and Conclusions. 1. The final plat for Windswept, City of Federal Way File No. 04-104165-00-SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. 2. Based on, inter alia, the analysis and conclusions in the Staff Report, which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for 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 wastes, parks and recreation, playgrounds, and schools and school grounds as are required by City Code, or which are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions listed in the September 17,2000, Federal Way Resolution No. 00-323 have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code Section 20-135. 5. All required improvements for final plat approval have been made and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all Res. # , Page 2 required plat improvements as identified in the September 14,2005 Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid or will be paid, prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section 1 above, the final plat of Windswept, City of Federal Way File No. 04-104165-00-SU, is approved. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the King County Department of Records. The applicant shall pay all recording fees. 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. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS DAY OF ,2005. CITY OF FEDERAL WAY Mayor, Dean McColgan Res. # , Page 3 ATTEST: Interim City Clerk, Jason Suzaka APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No: Res. # , Page 4 ~ CITY OF"" 7 Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT Request for Final Plat Approval FINAL PLAT OF WINDSWEPT Federal Way File No. 04-104165-00-8U I. RECOMMENDATION City of Federal Way staff has reviewed the final plat of Windswept for compliance with preliminary plat conditions and all applicable codes and policies, and recommends approval of the final plat application. II. INTRODUCTION Date: September 14,2005 Request: Final plat approval for Windswept Description: Windswept is a proposed cluster subdivision of seven single-family lots on a 2.89- acre site. Access to Windswept is via Military Road South. All required roads, sidewalks, storm drainage facilities, sewer lines, and water lines have been constructed in accordance with preliminary plat approval granted by the City Council on October 20, 2000, or financially guaranteed in accordance with the Federal Way City Code (FWCC). Owner: Randy D. Lloyd 16510 21Sth Avenue East Orting, W A 98360 Engineer: Kenneth R. Anderson and Associates, Inc. 1720 South 341 sl Place, Suite C-4 Federal Way, W A 98003 Location: SW 'l4 of the NE 'l4 Section 4 Township 21 North, Range 03 East, W.M, Federal Way, King County (see Exhibit A - Vicinity Map) Sewage Disposal: Lakehaven Utility District ----------------- --- Water Supply: Lakehaven Utility District Fire Dept: Federal Way Fire Department School Dist: Federal Way School District #210 Prepared By: Deb Barker, Interim Senior Planner III. HISTORY AND BACKGROUND Windswept is a cluster subdivision of seven single-family lots on 2.89 acres (Exhibit B - Final Plat Map). The Preliminary Plat of Windswept (Exhibit C - Preliminary Plat Map) was granted approval by the Federal Way City Council on October 17,2000, per Resolution #00-323 (Exhibit D- Preliminary Plat Resolution). Zoning for the site is RS 9.6. The preliminary plat was designed as a cluster plat, pursuant to the regulations in effect at the time of complete preliminary plat application. The cluster plat provisions of the time stated that "lots created in a cluster subdivision may be below the minimum lot size requirements of zoning code provided the total number of lots does not exceed the number which would be permitted in a conventional subdivision on a site of the same total area after reservation of required open space." In addition, "in order to promote open space and the protection of natural features such as trees and wetlands, lots may be reduced in size and placed in clusters on the site." Lot sizes in the Windswept plat range from 8,372 square feet to 10,235 square feet, with the average size being approximately 9,143 square feet. The developer applied for final plat approval on October 12,2004. Improvements installed under Engineering Application Number 01-103925-00-EN are now complete or bonded. The final plat application was determined complete on August 31,2005. Pursuant to RCW 58.17.110 and FWCC Section 20-136, the City Council is charged with determining whether: 1) the proposed final plat conforms to all terms of the preliminary plat approval; 2) if the subdivision meets the requirements of all applicable state laws and local ordinances that were in effect at the time of preliminary plat approval; 3) if all taxes and assessments owing on the property have been paid; and 4) if all required improvements have been made or sufficient security has been accepted by the City. City of Federal Way staff has reviewed the final plat of Windswept for compliance with preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, and plat conditions have been met. A proposed resolution of the City of Federal Way, Washington, to approve the final plat of Windswept is enclosed (Exhibit E ~ Draft Resolution of Final Plat Approval). IV. COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions ofprehminary plat approval in the same order referenced in Federal Way City Council Resolution 00-323. Required improvements have been completed as allowed by FWCC Section 20-135. Windswept Final Plat 04-104165-00-8 U/Doc. I.D. 33068 Request for Final Plat Approval Page 2 1. Prior to issuance of construction permits, a final landscape plan, prepared by a licensed landscape architect in accordance with FWCC Article XVII, Landscaping, shall be submitted for review and approval by the Director of Community Development Services, and shall include the following elements: (a) Street trees in right-of~way planter strips along the project frontage of Military Road South and both sides of the internal plat street; and Staff Response: This condition has been met. A landscape plan depicting right-of-way landscape planter strips was approved by the Public Works Department in conjunction with review and approval of the engineering plans. The street trees have been planted, inspected, and approved. (b) Type III landscaping within required landscape buffers adjacent to Military Road. Staff Response: This condition has been met. The landscape plan depicting Tracts C and D was approved by the Department of Community Development Services in conjunction with review and approval of the engineering plans. Tracts C and D provide a vegetative buffer from the Military Road South arterial. The tracts are planted with trees, shrubs, and groundcover in conformance with FWCC Section 20-178, and have been inspected, and approved. Provisions for ownership and maintenance are identified in note #7 of sheet 2 of 4 of the final plat document. 2. Prior to final plat recording, the applicant shall pay the proposed alternative fee-in-lieu for the balance of required usable open space, pursuant to final area calculations for on-site usable open space; which fee shall be calculated on the basis of 15 percent of the most recent assessed valuation or MAl appraisal, at that time, subject to final approval by the Directors of Parks and Community Development Services. Staff Response: This condition has been met. The final plat establishes Tract B, 9,376 square feet in size as usable open space, providing 76 percent of the required on-site open space for the 2.8~acre parcel. Additional open space was established in Tract A as stream buffer/conservation open space as provided in FWCC. The applicant has made a fee-in- lieu-of open space payment to the City in the amount of $2,438.00, thereby satisfying the balance of the open space obligation. 3. Prior to final plat approval, the applicant shall install landscaping in the stream setback area in accordance with the Windswept Preliminary Plat Mitigation Planting Plan, by Adolfson Associates, revised 8/16/00; and shall submit, for the City's review and approval, a monitoring plan prepared in accordance with FWCC Section 22-1358(e)(I)a.-g.; and pursuant to FWCC Section 22-1243, the applicant shall be responsible to pay for the services ofa City-approved qualified professional to perform inspections and reporting tasks required to implement the monitoring plan. Staff Response: This condition has been met. The landscape plan that depicted planting in accordance with the Windswept Preliminary Plat Mitigation Planting Plan was approved by the Department of Community Development Services in conjunction with review and approval of the engineering plans. The vegetation was installed, inspected, and approved in April 2005. As provided in FWCC Section 20-135, the City conditionally accepted a bond from the applicant to cover five years of stream buffer monitoring. Windswept Final Plat 04-I04l65~OO-SU/Doc 1033068 Request for Final Plat Approval Page 3 4. In accordance with FWCC Section 20-114(c), as vested, the preliminary plat shall expire three years from the date of City Council approval unless substantial progress has been made toward completion of the entire plat. In the event the applicant has not made substantial progress toward completion of the plat, the applicant may request a one-year extension from the Hearing Examiner. The requesHor extension must be submitted to the Department of Community Development Services at least 30 days prior to the expiration date of the preliminary plat and will be decided by the Hearing Examiner pursuant to FWCC Section 20-114(d)(e). Staff Response: This condition has been met. The applicant submitted a July 28,2003, request for a one-year extension to the preliminary plat application. In a September 9, 2003, the Federal Way Hearing Examiner approved the extension request establishing a new preliminary plat expiration date of October 17,2004 (Exhibit F - Hearing Examiner Time Extension for Preliminary Plat of Windswept). v. SEP A CONDITIONS The environmental determination contained the following condition of approval listed below, and as referenced in Federal Way City Council Resolution 00-323. 1. Pursuant to the Mitigated Determination of Non significance (MDNS), include a text note on the final plat, stating, "All homes within the subdivision shall be insulated to achieve a level of 45 Idn within general habitable space and 40 Idn within bedrooms, consistent with the Uniform Building Code and other regulations, as required by the City of Federal Way Building Official." Staff Response: This condition has been met based on the nonapplicability of the previously identified adverse impact. The Mitigated Determination of Non significance was issued on September 28, 1996, at a time when Port of Seattle noise exposure contour maps projected an impact to the subject property, which required subsequent mitigation. The noise contour maps were revised following issuance of the MDNS and the subject property is no longer included in the geographic contour of affected properties. As stated in the staff report to the Federal Way Hearing Examiner dated August 21,2000, the City will interpret this MDNS condition to be met on the basis of non-applicability of the previously identified adverse noise impact, and consequently will not require homes to be insulated over and above the normal residential construction standards as required by the International Building Code. VI. DECISIONAL CRITERIA Pursuant to FWCC Section 20-136, if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording: 1. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met, as the final plat is representative of the preliminary plat and the conditions of preliminary plat and SEP A mitigation have been met or financially guaranteed. 2. The final plat is in conformity with applicable zoning ordinances or other land use controls. Windswept Final Plat 04-1 04165-00-SU/Doc. lD. 33068 Request for Final Plat Approval Page 4 Staff Response: This criterion has been met. The plat meets the cluster standards for the RS 9.6 zoning district and provides single-family dwelling unit lots that range from 8,915 square feet to 10,323 square feet in size. The applicant has created Tract B as an open space tract pursuant to FWCC Section 20-155, and has established Tract A as stream buffer, drainage and conservation open space. The plat is within planning Area G of the 1995 Federal Way Parks, Open Space, and Recreation Comprehensive Plan. The applicant has created Tracts C and D, which provide ten-foot-wide landscape areas between the subdivision and Military Road South arterial, as provided under FWCC Section 20-178(a). Tracts C and D, which shall be owned in common by the property owners of the entire plat, includes trees and shrubs and groundcover to meet the intent ofa Type III buffer. As provided for in FWCC Section 20-135(b), performance and maintenance bonds are in place for the entire plat including frontage improvements, streets, and all infrastructure. 3. That all conditions of the Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met as noted in the staff comments above. All plat conditions have been met and/or are financially guaranteed to be completed within two years of final plat approval. All life safety improvements have been completed. 4. That the public use and interest shall be served by the establishment ofthe subdivision and dedication by determining if appropriate provisions are made for, but not limited to, the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. Staff Response: This criterion has been met. The final plat is consistent with applicable zoning and subdivision regulations, and ensures the public health, safety, and welfare is protected. The plat infrastructure has been installed and adequately financially guaranteed as discussed above, including: safe walking routes of travel to schools and school bus stops, open space, drainage systems and water and sewer installed, and street improvements provided. 5. That all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: This criterion has been met. All road, pedestrian pathway, and storm drainage improvements have been constructed and/or financially guaranteed. In addition, all water and sewer lines have been installed and approved by Lakehaven Utility District as identified in the August 5, 2005, letter of substantial completion from Lakehaven Utility District. 6. That all taxes and assessments owing on the property being subdivided have been paid. Staff Response: Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. Windswept Final Plat 04-l04l65-00-SU/Doc 10 33068 Request for Final Plat Approval Page 5 VII. CONCLUSION Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Windswept meets all platting requirements ofRCW 58.17.110 and Section 20-136 of the Federal Way City Code. Plat infrastructure improvements have been completed and/or financially secured to guarantee that the plat conditions and code requirements will be completed within two years of final plat approval as allowed by FWCC Section 20-135. The project has been developed in conformance with Resolution 00-324, approving Windswept Preliminary Plat. A recommendation of final plat approval is therefore being forwarded to the City Council for your approval. EXHIBITS Exhibit A Vicinity Map Final Plat of Windswept Exhibit B 11 x 17 Reduced Copy of Final Plat of Windswept Exhibit C 812 x 11 Reduced Copy of Approved Preliminary Plat of Windswept Exhibit D Resolution 00-324 - October 17,2000, City of Federal Way Preliminary Plat Approval of Windswept Exhibit E Draft Resolution of Final Plat Approval Exhibit F Hearing Examiner Time Extension for Preliminary Plat of Windswept Windswept Final Plat 04. I 04165.00.5 U/Doc. I.D. 33068 Request for Final Plat Approval Page 6 -----...-...--.. ....- Final Plat of Windswept ,-----_________nd ...._..___...._n_m '" . / ~v I N A ~U?jecl sit;1 / /.// -- __.J - .___.n.. ... __. _~ Vicinity Map 300 0 300 Feel L-- -.. ...._,.'u_..__ -.". .__"'.'_._'....... I Legend [~ Parcels = ::~Iat ot,,"nd,wept EXHIBIT,4- .----. .. ---.--- .. PAGE' OF ---L.:. WINDSWEPT A PORTlONOF THE S.W. 1/4, OF THE N.E. 1/4. SEC. 4,ThP. 21 N., RNG. 4 E., W.M., AND THE N.W. '1/4. OF THE S.E. 1/4. SEC. 4, ThP. 21 N.. RNG. 4 E.. W.M.. FEDERAL WAY, KING COUNTY, WASHINGTON DEDiCA TION APPROVALS I<NOW All. F'tOPlt aV n.t[S[ Pfl[S[NTS, T"'~T we, THE UNOt:fil~IGt.lt'l) OWNE:RS or IIfTtRtST IN THE LANO I-t(R€SV SUeOllADEO, HEREBY DECLARE TMIS PLAT TO BE TJiI[ G~API'"C REPRESENTATION or TI1E SOaOMSION l,U,OE HERESY, ,i,NO DO H('(eY D(~C"'( 10 '"E USE Ol' '"E PUSVC FOIlEI1Jl Al~ S"'((TS 'NO ""NV(S NOI SHO" 'S P",v"E HE'(ON DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 'NO OEDICAII ml uS! ....IOF FOR Al~ Pu8UC PUIll>Oll:S NOIINCON\ISIENI ~IH IHE USE '"E'(OF FOIl PUil.IC "OHW" PIJIll>OS!S. .NO AlSO IHE ,,,," 10 ",,( I\l~ N(CESS"Y SLOPES FO' CUIS ,"0 FILes UPON IH( lOTS S~l)y,.,.j fH[R!ON IN THE ORICilNAL IlItA~NAlM..t (IItADlNG or $AIO STREETS ANti AI,(NueS, ANO-rUltlHEA O!:DJCH[ TO EXAt.lINEO ~"IO APPAO"fO 'tJ.I1'S _ OAY OF' ................ 20_ IHE USE Ol' IHE PuBLIC Al~ '"(('s!"[NI\ 'NO ""CIS SMO" 'ON THIS P~'I FOR AlL PU8l1C PURPOS(S 'S INDICAT!D Tl-IttfQN, INCl.UOINO sur NOT lfUlltO TO PARl(9, ~EN SPACE. Ulllll1ES ANO PIU.INJ.ct UNLESS SUCM EAS("(NTS OIl IR.CTS ." sPECIFICAl" IDENTIfiED ON IHIS P1.11 IS I(ING DEOICI!!O 0' CONIIE\'EO TO . P('SON 011 lNTITY OTH~R THAN THI:; pueuc, IN ~ICI-I CAsE ~ 00 Hr"~l!I'r' O([)ICA Tt ANO CQtfytV SUCH SiREETs! EA$E~EN'rs:, OU~e:CTOFi' 0' ,COM~UNI'ry D!VELOPME:NT 011: TII:ACTti. 10 THE PERSON OR [NTli'r' lO[NllFItO ANO rOil tHE pu~o$r $TATEO. rURTl'It:~, tHE U~OeRSt~tO OWNER'S or n-l[ LAN!) HEREBY $U80IVlOtD WAI'v( "NO "ntASE rOR THEI.IS(I.VES, THEIR H(,"S, INO IS~(;NS INO INY PE'SON o' EN'ITY D(RI~NQ nl\( P.o. IHE UNO<RSIGNEO, INY '"0 I~L CL""S FO' DEPARTMENT OF PUBLIC WORKS OI"IGES AG"NST IHE OTY 0; FEDE"L WIY, lIS suecrSSOIlS !NO IS~GNS I"tIC>l .IY BE OCCISIONED BY !l;( OESIGN, (S'^91.IS\<I,4E11I, C,,"Slll\JcnON. ",,(RATION, FIILU'E 10 ""E'IIt, "A~!!NANct 0; 'O'OS .NO/OR O'''NICE SYSTEMS. ALTtRAnON!:i OF tt-IE GlWU~ SURrAct. \/tGF;TATIOO, OAA1NAGt OA SURfACe oR SU6SUIilFAC~ WA1(R 11.0WS e;XAlAINE"O ANO APPROvEO THIS ~ OAv or~, 20_ WITHIN T'ME SU80l\iIStONS 0Fl' WITHIN ANY O""'NAGE OR OHf;NnoN r,a,CII.ITIE:S O!SlGNED TO ~CEl'rt OR Actulll~Y '(CEI.NC O.AlNAC;! p.O" 1H( SUI~~~ONS INO '"E CIT' Ol' FEOf:",~ WAi S 1lt~(W lNO lI'P.OVIL OF Pl.INS INO F'ER~ltt rQR S.A.I.lE, O'l'1-4[R \HAN CUI...S RESI,ILTIN(i rA'Ot.lINAOEQuATE MAllljr~NANCt 8Y THE CITy Of F"EOERAL WAY. FURTMER, THE: UNO(RS1(JNED o~t"5 or THE LANO HEAEe,v S\JeOI\llOEO .',C~Er rOil: THrIolSt;l.vU, T"IEIR HEIRS, ANO PUel.1C .wORKS Cl~(CTO~ "SSIGN$ ro INOEUNIf"V, HOlP HMWlES$. .i,NO OCr(NO THE CITY OF F'tO€,U.l W~Y, Its succeSSoRS, .',NO ASSIGNS, nlOlA ~ ANO "'GAI~S1' A~Y O~tJACt, INCLUDING ANY COSTS OF OEFENSE, CLAIt.lEO 9Y PEftSOHS ""f1.IIN Oft WlTHQlJT ~~ l sueOI"'SlO~S ro I1AVE 8E(N C"'U~O ev THE O(SIGN, E$UeLIW~ENT, CON$TltIJCTlON. oPtR,rnON, FAlll,JFll TO OJIIEIUT[. 01i: MAINTENANCE; or AOAOS ANO/OA PRflIN~.r1€ SYSTtW, ALTtR.4.TIONS or THt GAOLlNO su~rJ,CE, vtCtfArlOfll, ORAtNA.GE. FEDERAL WAY CITY COUNCIL ~ OF! SUArllCE OR SU8SURfACE WAftlil nows W1MN TI-I[ SUIIOlVlSlONS OR WITHIN ANY ORAIN.i,Gt OR otlENTlON ~ FACII,J'/1ES DtSlf;NE'O TO RECElvt O~ ,l.ctUAlLY Rt<1IV'NG DAAIN~Ct rROM THE S\;IBOl\1S1ONS ",NO T~E CITV or FEDERAl,. W,&.Y's ~E"EW ANO "PPIlOVAL Ot pt~s ANO PtRMITS rOR SAME". PRO\llOF;O, TJ./IS. W"'I~R "'NO INOEt.lNIF'ICAnoN SHAL~ .1€'*At.lIN(O ANti AP~O~D TWlS _ DAY or _. ~O_ ~ NOT Bt CONS'li'UEP AS ~tLE"'SINC rl-lr CITY or rtDERAL WAY, IT$ SUCCESSORS OR. ASSIQN$ r~OM L1,f,elllT't' fOR OAf.lAGU, INCl.UOINQ 1}IE Cost OF otrENS(, R(SUl ilNC FROi.l ANO TO THE E':-:TENT or THE SOI.( NEGlIG[Ne! or TH[ A TTI;;ST: ~ OT'!' or F'EOER.i,L WAY. ITS $UCa:SSORS, 011 ASSIGNS MAYOR CITY CLEFi!K Tl,ns SUBOIVlSIQN, O€OICATION, RELEASE, INOEt.lNIf"ICAT10N or CLAlI.lS, ANO IlCAEEt.I[NT to HalO HAR~LESS IS ~A[)[ \'11TH ~,,:.( THE r~EE CONSENT ANO IN "CCORD~NCE 1lIlTl-! TH~ O[$IRES QF $AIO O~tflS, f IN IMTNESS 'M-IEREOF'. wE SET OUR H.-,NOS "~Ll $E,i,LS~ KING COUNTY DEPARTMENT OF ASSrSSMENTS ? e:XMJ!N[[) ANO A?PROvtO n-iIS ~ bAY or ___ 20.....:..-.-. i RAND'\" '0, llOYl;l - COl.UMElIA STAT€: E1ANK KING COUNTy .SSESSOR O~PUTY KING COUNTY ASSESSOR Hi~10 ~181H '&'\.(Nut EAST BY: i O"TINC, WA 91l:JM ITS; .CCOUN'l' NUMSER ACKNOWLEDGEMENTS J su r~ or WJ,Sl..IlNCTON ~" FINANCE DIVISION CERTIFICATE COUNTY OF : I HEAEey C(Rtlry TMJ,T ALL PROPERTY TAXl;'!i ARE PAI01 TH,a,f THe", ARt" NO DEI.'NOUI:NT SP~CIAl- AsseSSMENTS I C~~Tlry THAT I l(NOW oR I1AI/l: SA1'lS'ACTORY E\IIDENCE THAT Sl(iN[O '!l-IIS C[RTtF"tED TO THIS OrrtCl': rOR cou.f(:n(WII ANO THAT ~L SPCCl~l ASSES~N'TS <:(Rnm:o ro THIS OF'flct; POR INSTFfUI.4ENT, ~ OATH !lTATf;D WAT H(/$~E WAS .Ul'HOA'llE~ TO E:-:ECUl'( THE INsfRlJhlENT AND AO<NOv.uOG(P IT AS COU.tCTlON ON ANY or T1-I( PR'r"ERTY HERtIN CONTAINEO, Ol;PICAitO AS STR(ETS, ALLt'r'S, OR PoR ANY OTl'lI!]!t PUB~!C ~~ SUCH PARty rOR THE ust"s AND PUIlPOS~~ I.ltNilONtO IN THE IN$'~Ut.lE;NT TO BE' TH€ rRt:€" ANO vtlLUNTARY ACT USf. ARE PAlO IN F1JLL, TJoIIS _ OAY ($ , ~O_, :i. l MANAGER, fiNANCE OIVlStON DlPU TY ~ DAl!;O' .10 SIGN~TUR~ or NOTARY PUauC: l P~!NTEO N~N(\' NOTARY PUBLIC IN ,4,;';0 rlm n.l~ sa1~ OF WASl'MNctON FlE'SIOIN(;AT: ~ ~'t' COM~ISSIO"l ()lPlflrs' LAND SURVEYORS CE"RTIFICA TE I, l-4(~[ey CEF'fl"Y lHA T THlS I'I,.A T Of:" WlNOSwtPT IS E!ASe:O UPON AN AcrUAL SUINr;v AND SUaOl\llSION Of" seCTION 41 lO~Sj.jIP 21 NORTM, RANGE 5 EAS", W,~.. AS ~EQUIlU:O BV s1'Allt srATUT~Sj THAT TI-lE DISTANCES COlJRSE:S ANO .-.NGU:S "'R~ SHOWN THEREON CORRECT!.. Y; TH.-. T THt MQNUt.4E"Nf$ $1-IA(.,t. SF: SCT ANO C.or loND Bl.OCI< C~N~RS ~All. at SEI CORRECT!. Y ON IME CROUNO iXCE.T '$ NOIEO: THAT I rULL Y COMPclEO "'TH PAOYl$IONS OF' TI-lE STA'l'[ "'''''0 L~I,. stATUTES ,6,NO Fl'EGUL.i. TIONS GOVERNING PLio, ')'rING. SlATE OF WASHINCT()N Iss ,~ -~J I<[NN[TJ.l ~, ANOE~SON, P/i!ctESSlONAl lANO SUI:l'\lE:YOR COUNTY OF CEAn"CAl!; No. m61 ~"f:NNtlW R. AN(ltRSON . AssocrA't[S, tNc.. P,S, I CIRYtfV THAT I I(IIjOW OJ! HAVE SA,nSrACTO~Y EVlO~NCt THAi ~CH(o mls :S~i:ii'!! 1120, SQ\Jm 34ISI PLACE, SUITE C~', INsmuuEfIIT, ON OA~ STAT[O l'tiAl HE/SHE; WAS AUnlQRlltO 10 ExECuTE TH( INSTRU~NT AND A~NOVUOC;Eo IT AS , rEO(O", WAY, WI IeOOl rH( OF' TO BE TIiE FA('[ ANO VOLUNTAf'n M;T TElEPttONE: (l~) 616-1199 or S:UCH PA~TY rOR tHE usn ANO PURI'OSU l.l[NTlCti[O IN THE IN5TAUUENi. RECORDING CERTIFICATE RECORO!NG N.. DATED; .20 "LED FOR RECORD AT THl RtQUEST or IHE rtDERAC W~Y CITY COUNCIL THIS _ 0" OF' 20_< AT ~ MINuTES PA!;'t _'-1. AND RECOROEO IN SIGNATURe or NOTARY PU8L1C: VO~UM' 01' PLATS, .ACI:(S) RECOROS or ~INO P",NI10 NIlI!, COUNTY, WASHINGtON. NOTARY PUBLIC IN Al'iO 'FOR THE OI1<"ON OF RECOROS AND E~ECI10NS STATE' or W""SI-lINCTON AE$!OIN(l ... T~ .................. M'l' C:OUMISSlON E'iP1RES: ,.U.NA.CEfi SUPERINTENDENT OP R~COROS A PORTION or THE SOUTHwEST QU~RTE", or IHE NORTHE~ST OU~RTERfl1:SUbiviiTTEl ; ~ ~NO THE NORTHwESl <lU~RT(R, 0' IH( 5OVTH(~ST QU~RTER, SECTION <, TOWt<SM"' 21 NQIlTM, "~Nce 5 CAST, "'1.L~MtTTE M~RIDI~N, AVa 2 4 2005 ~ KENNETH R. ANDERSON F'EDERAL WA.Y, I(ING COUNTY. WASI1INGTON, ...ND ",III1QC;:I",,,,n,, INC;:, l $~A~'~l.tJIId~ 1720 flllltll ;Hlil ~1lI11., $"Ii. <;...04, ".d.ffjl ~r. w. glOM F'II.E "la, "~-lOOJeo"'oO-:IlU hl_"OI\l: (2S.!I) ,,,..,,," "OM: (i1S:J) IIJII..'1U JO/l, 0<-027 SHEET 1 OF' 4 1!:-"'C1I1~ If'loOllnq'''~IIIJ''''lID''.~lIom .... ._',-".'..""'. EXHIBITk PAGELOF WINDSWEPT A PORl1ON OF' 'fHE S.W. 1/4. OF 'fHE N.E. 1/"', SEC. "', TVtP. 21 N., RNG. ... E.. W.M.. AND THE N.W. 1/4, OF' ll-lE S.t. 1/.... SEC. 4. TWP. 21 N.,RNG. ... Eo. W.M.. FEDERAL WAY. KING COUNTY, WASHINGTON lEGAL DESCRIPTION: I. TIlACI A IS A NAli\!: CIlOWll< PROltCliON /,NO CO'SERVAliO' OPt, SPACE TIlACI WHICH CONI~NS EN~ROH"ENIAl.LV SENgli\!: NlEAS INClUOINO A STIlE^", STIlE^" SEl9ACK, HAll\!: \!:OETAliON, /,NO FLOOO PNlCEL A' STO.M;/:, ANO lII<AU, BE /)iI1<(ll1N COI,I"ON ANO "...I...EO BV 111[ NOlIl:O""ERS Of' li<E PLAT, /,NO SHALL aE ALLINAT .ORlION Of li<E SOUli<W/:lT OUA'l(R Of' li<E NQRlH!:AST OUART!R OF SECllEI'I ., TOIO<SI<IP 21 NORli<, ~~i= 6'1.,~~ON "~A~O~ ~t...~~~T~NJ:~1A:~':VgH~~~~.ltO ,''" li<IS TR'CI 'T ~ANOE 4 [AST, W.....! IN KINO COUNTY! WASHlNOlON, ~YIN(j SOUTWwtSltR~Y or M1UTAR'( !tOAD AN!,) EAST OF THE lUCl Of LANO C(IN\!:VEO 8V toGAR E. SHEETS ANO "'E To G1.EN I. RUSlnL/,NO lW't BY om ""COIlOEO ~ >1lI.U"E 1111 ,. T"CT '1' IS ESTABUSHEO .S PERII/,NENT UstAIl\L Ol'f:N SP'CE FOR 111[ RtCRE.IION'L uSE ANO SE'EFIT OF 0' OEEOS, PACE 200, UNO!ll RteOROONC NO. 21111l1. P'RCEL B, "O"EO"'''. TIl.CI "8' Sl<AI.I. ~E 0"10 IN COI,I"ON /,NO "AINI~Nro Bv li<E "OIIEOWN(RS "li<1N li<E SU8Q1~~ON, 'NO II "AT NOT Ill: Mli<ER SUBOI"lItO OR O!:\!:LOl'EO ..." 'NY HAIlIT....E STRUCTURE OR US(O ~OIl:nON rs THE NORTH'M:Sr QlJAATER or n-lt SOU11'1~AST Ol.IARTER OF SECTION 4, Tov.NSHIP 21 NORtH, Il'ANCE 4 EAST, 'OP flNANOAL C~N. 'ENC#<C 11<0 I,AAOSCAPINC ALONQ TNE PER'"EIER OF 111[ I...CT Sl<ALI, BE "~NT~NEO av w,u" IN I(ING COUNTY, WASHIHGTOW, DtSCRI8f,;C AS '01.~OW$: H""~O\\'"'' .<NO SIf'LL NOT II( M:"O\(O OR 'LllREo tilXPI rOR PuNPOSES Of' "~NTENANCE AND/OR e(()INNINC .., M NOItTH(A$T C~Nt'R OF SAID N~THWEST Ql./ARltR OF l"ft SOUTHEAST QUAAT(R: Tl'I(NCE RUNNING eE'M)Tlf1C,4,nON, SuCH AS MO'A'NG. \W:tU CON1ROL, PfUJNINCi, Itt'P~A(;C:hlENT OR ENHANqt.l~Nr Of lANPSC.~PINCi, O~ WlSI II! 2/l '~El, li<ENCI: SOUli< "I /[~I: THENlX t'!! SO' 2/' ml: li<ENCE NO/lli< "I ,tEl TO THE POINT REPL.eMNT Of' O^"'I'EO fENCING. . 0' BEGIN~N., E~ctPT THA.l POltTION THEfi!Eor LYING NOfl:THEASTERLY or THe: SOVlMWES1ERLY ~ARGtl or ululA~y ~OAO, AI"SO t:(CEPT I. T'M;'" 'c" ANO "0" NIt tSlA""'SHElI .~ PER"''''NlLANOSCAPE TIlAC'" CONTAIN..C IRIES, SlfNUBS. ANO THAT POftl1ON T\o4EflEOF ~'tING El5ttltl,.'I' OF trIe F'Ot.I.OWlHCi m;~B!D uNE! e'OUNOCO\l:R, ANO SHALl BE ONo .. COIlIOON ANI> "AINTA"EO BV 111[ NOlO:O\\NERS "'!HIN ll!E S(JBllI~~ON. COI,IWENON. AT li<E NORTHE'ST CORNER Of' S'~ NORTHWlST OUNlltR '" li<E SOU'"''!! GUNlI!R: "'EN'" NOP'" I.<NOSC.PINQ "'_ "'E TIlACTS "'U NOI DE RElotOVEl) OR 'L1tRtO EXctPT rOR PURf'OSl:S OF "AIN1ENII<CE M'16'DO. vn;$T "1.0Ne 'HE NOliI:T~ l,lNE T~[REor J\U7 rEEl; 'ttt(N(:€ SOOtH 0"".... US1 'u$,oo rEET TO "'III ANG\.l: AND/OR IN/iA.Nc:tUEHl, $lJCH A$ wEto IUUOVAI., Pll:UNlNG, OR R~Pl..Aa:U~NT IN KINO ($ ,a,NY Of:lO O~ OYltlO POINt IN fI.IE WESTQtl y 8OUNOAR'1 o~ THAT P"OP~fti'V CONlwIt't'tO TO SCOTT (, I14AlM€WS BV OI:[D ~EC~ot:O uNOER ytOCTJ.,TlON. RECOFmIN(l NO, 78022202"31 T"'ENC~ HOATJo! 446 '39' 00' EAST AI.ONG s,a,tO BOUNOARY lQS,J:i (((T TO '\'!ol( SOU~WMTt~1. Y ~ARG1N or SAID ~ll.ltARV .Il'O",O ANO lHE TEItW!NlJS OF $,4,10 OUCRIBED I"INt, 6. fUeT "[" IS A STO~~ ORAIN_(;E mACT ...1110 1$ HERESY DEOICAl'tO TO TI'I! CI'l'Y OF rEOERAl WAY f'O~ lHE CONsmUCTION, I,(AINTE~~CE AIIIO REP,4,11l' or $TOR~ OJIAlNAGE fAClU'I1E$. NO GRAOING, UQDI~ICAll0fllS, OR TITLE REPORT NOTES AND SPECIAL EXCF:PTIO~S: SfflUCllJR€$ $HAI.L 8t ;.u.O'M:D WIlHIN THE llt.4lfS 01-' TJoIIS TRACT, THE i'lE~[INABO\1: I.E(iAl. OlS~IPTION ANO THIS Slm'IJl:Y SlJ8OI'v1SI00 PlAT IS a,a,sEO uPON THAT CtlHAIN suBOl\1$10N 9, nus pofl'l1oN 1$ OEDICA~O TO 11-\[ PlJ91.IC uSE rM flOAt) P!JRPOSES UPON TH~ ~ECoROINCi OF THIS PLAT. GlJA~"'N'(tf PRfPA;fl) ~y FIRS" _MEFlIt.lN T1Tl( INMANC! COMPAN,Y, 5UfJP~tt.'ENTAL REPORT 11 10 trfl.E OROER NO. 10, .M.l S"OR~ ORAINAct tA$(~Nl1 (SOE). NOT SHO~ HE~~ ",S PRIVATE, Ulf; HtRUIY otOIl::"TEO .TO THE cny or 'lOI."IIOl, CERlWK;Alt FO' "UN. ll!E PR"'Ol(O'VI or Il1NOSIlE'PI, RlCORoS EX'"INEO TO JJLV 29. 2..1 IT "00 '.,w. SA~ NEFl!:1N otsc.iBlO PROPERlY II SU$.ECIIo PUBUCLV NtCo'OEo 1l!:"S RELITIN. 10 Nt^' ESrAl!: ORE F'(t>>:"RAI. WAY FOR THE" CONS'tIWcnON, MAINTENANCE. "NO REPAIR OF STORU ORAIN~ FACII.ITIES. NO CRAOI"lG. SPW'L !'CEPliONS, BUNC 01SG1.0SEO ON SCHEOULE B OF SAlO lXRII"CATt ..0 FURli<ER DESc."m .S 'O\LOWS, UOOlrICATIONS, OR STRUcNRl"S SlfA.Lt. 8t .4LtClI€O "'T).jJ)J.1H[ LIMITS or THESE (Mi(I,4EN1S, 1. NOTICE ~ ~[WlM ~NO/OA' WA~Pl C~NECTrON CHARGE GlIltN 8y CIT'!' or F'EbEMAI. vt,a,'(, RECORDING NUMBER II. li<E PRlV.TE SIORIl oRAINACE E'_NT (PSOEl "0" NE'EIN .....IN LO'" I \HROVCN , IS HEREIV CONVEYED fo BIOIOl."'. '1'" li<E HOIlEOWNl;RS 'SSOOAnON '.. 1\OS SUBOI~gOll, 'OR 'CCtSS TO .ND ".~ll"NCE OF THE ORAIN'OE SW'lE 2, IRREVOCA91J ACRE(I,I(Nt SETWEEN ROV H, Et,lMc:n, JR. ANO R~OV LlO't'O, RECOROING NWaE:A ~OOI16047e. ~:::~~r::~~~oOFlI~~"n.~'~~o~~N\~:Ji,,:~~"~,r:f~E~~. (',I!'~NO, "OOI"C'''ONS. o' SIRuCTURES 3, TERIAS A~O PROVl$IONS 1"1 (lILL or S.lU: FOIl: SANITARY stllrtll!. filt~OING N\JI.IBER &eOfi30"g~, 12. THE E~SnNC 10' SAIl""'V stIlE' E.st"ENT (:;st) SHO"" HEREIN ..,IHIN LOTS I 'No S AS RECOROED UNDER ~, RI~T TO MAKE NECESSARY SlOPe:S ,O't CUTS OF! Fll,l..S IJPQIrl S"IO PRE~I$ES FOR P.iILIT"'~V ROAO A$ r.RANTEQ BY ~~~~~~ ~unft~~"i:,:~~ ~.':i::~P::.':.~t;~RI~;o'~~RMEREBV .tOIC.110 10 oEEO, R(COROIN. NUwDERS lDll.ll!.l .NO lOmBl. ~, tAS(:t.ltN'f, INCLuDING TERUS ANO PROIJISlONS CONTAlNEb THEf!:('~, CRANTEO TO PUGU SOUNO ENtRGY', FOR rUCffllC II '::~oi~'~~~~~~::~ :i"lO\::::,";::~JSW/ .:iZ:' N~~~~S "::Ea~Obt~t~~EciRt~Tl~;":&~EJ?'~,~~O mANSMIS~ON, RECOROINC NUU8EIiI: 1I?'1'611&7, l)ISmlCT. (ALSO Sf! ME..$tI.l(NT Pll:OVlSt~S~ O(SCRl8to HtRIiIH) ~, EAS~~ENT, INCllJOIN(: TERMS ,4,NO pfl'OIJl'SIONS CONYAINEtl THEREIN. (:RANTtO TO ~tOERAl., W"V WAT(-R ""'0 S(v.(Ft H. T).l( (XIS'fING 1S' S..NlURY SEWER ["SEIIENl {SSE) SHO'Mol H(REIN WITHIN mACn "A", "B", ;,NO weM. SHALL bl$TRICT, FOR SANITARY S(W(~ PURPO~S, fl![CORDlNG NlJuetR li80e:~11t9, at RE'l'AlNfO """'0 IS HtRf;tt'1' oe:OlCA1to YO I",&.KEMAVEN UTILITY DlsTMICT, (AI.SO SEE EASEMENT PROVISIONS' 1. TtRI.iS ANO P~OVlSlONS CQlollAINtO IN DOCUM(NT ENTlt\..EO \OCAt, U,ipII:O'v(MtNT OIS~C' WAI\,(P OF PPO~[ST oEsORIBEO HE""'N) COV[}i/lNT", RECOROINC NiJUBf:1t i'110'OOI~, Hi. THE ~tR'tE1' TR(ES P\..AN1tD IN CONJlJNCllON WITH THiS PI.AT "'R( TO BE 'O'M'JEO ANO ~AINTA!NEO ev TH( $. TEFI~S ANO PI'tOVlSIONS cONT.i.tNtO IN OOCUMENt (N1IMO \ICENSE TO tNTElt, RECOROltJG NUl,(a[~ 200~o33\OOI \9~ HOMEO'ANEfi!S ASSOOAT1ON rOR llts SUetHIJISlON. 9, AF'PRO)/II,4ATE lOCAtION (r" ;, OR;,INAGt OllCH OISCI.OSED BY KING COUNTy ASSESSOR'S t.4AiP, la, l:st~~bR r~[ "'~~~~~~~~O~~01~~~oa~'~~s~~~T F~~' T~~\l1~gN:l~~WOr ~~~fE~~h I~N~tRtBY 10, TtIUdS ANO pfilOVlSION$ IN THt OOCUt,t(NT (NTlTLEO .~C:"t~UENT (~NO'SWEPT PE,lPPLICAnON)". Fi!ECOROINC: NUI.lBER REP.,. OF w.nR L~E F'cn.Il~S. ('~SO S!E 'E'SEOENT PRO~~ONS" OESCAI~to "E'EI.) 2004410~tOOOO7J, 17. ElUllOINCS pE;Aul'1S rOR Welt rAUI\..Y OWEU,lNCS ARE S\Ja.l;CT TO APPL.lCAIlLt" SOoIOOl. IMPAC.T rE:E.S loT tI'I.~ 11ME or BUII.DlNG PERJ.IlT ISSU-'NCE, SURVEYOR'S NOTES: HA, NO STRUCTURE;S, FI!.L, OR 08STRUCTlONS, INCI.UOIH(j SUT NOT I..I..IT1W TO OECKS, PA'l'IO$. OUTBUII,DI!iCiS, Of!: i t UNlZSS OiHt:~W1S( NOT~I;I, A!.\' "€A/ill.OT .AN!) T!:!~CT CORN(RS IIIllL aE ST.,I<(D 'MTH In INCH OI~I,4!:T(R REa_fl, 24" O~RI'IANG5, AA'E PERW1T'1iO BEYOND THE Fll,Jll..PfHC S(lBAel< I.INE, tXCEPT 1.$ ..AY BE': I"tAlJIlYEO !!IV' THE; CITY l INeMts IN I.ENGTH. lMTI<I YEL~OW PI.ASTIC CAP ~ARI<EO "ANOtASQ;f" "PI.S....292.67" AS 'n-l~ SU!DI't1'$ION ROAO &: OF' F'tOE~Al WAY PU~S\JANT TO CHY COM:. uTll.lty COlIIsmUCTION Ig C0\4PLET1;O, ,lCN"" fRONT LOT AND TIIAct C(1I:NERS VIlU NOr tiE stl, SlOE I.OT lIN(S or ~ t"CH loOT }.ND lRACT WlI.L aE ,l!tftll:n~CEb ~OM STAKtO M(A~ COr(NERS TO tH~ AQJOININ(j STREET..WlRO EASEMENT PROVISIONS: ~ PAOJECTIOIiI FROI,4 THE ,&.CTUAl F"I:!ONT COfiIN€RS. ;.. VAll:IAelt OIST~NCE TO Tf-tf; TrIP or THE CONSTRUCTtO CUI'tElS ANO MARKED WITH A "BERNTSEN eFU,NO. '.'/2 INCH OI.At.ln~~ COPPER 0lSl< ~(T nuSI'! Wm'i SURrACE ANO AN (ASEUENl 1$ HERESY l'fESENO FOR ANO CRAN'l'EC TO OWEST COI.4MUHIC..TIONS, At&t ElflOAOBAHO CAal~. pucrl I I.l,&.RK:ED . AHO~RSON"PLS 292e:7" SOUNO (NEttOV, ANtI THEIR RESPE(;TlVE succtS$ORs, "NO "'SSlGNS. UNDER -'NO upON ll-lt E)(TE~IOA 10 rEET, PAR"~!,.t~ ~li< ANO AlJJ<l.... 1l<E slRtEY FNONI'DE OF ALL LOIS .<NO TIlACTS, .. ""1(>< 10 INSTAlL, LAY, CONS..UCT, RENEW, 2, MERIDIAN: CAIO NORtH; eAstO UPON W~SH1H(jtON COOR01NAT~ SYS'!tI,4, N'&'O'8J/GI, NOR111 lON(, PROVlOEO F'ROM OPERATE A~O t.lAlNU,1N ijNDE~~OIJNO CONOVITS, MAINS, ~8LES AAO _S VI1TH HtCESSARY FACll.lnES AND OTHER WASHINGTON STArt OEPARTUENT OF' TRANSPMTATION, SR-~ RIGHT o~ WAY .',LIGNl.lENT, RE"CORO or SuRvEY FILE EOUIP",,, FOR IHE PURl'Ost '" stR"". tHIS S\JillI~~ON .<NO OIHE' PlllIPERYv ..li< ELECTRIC. ltLEPHON(, ]V, ... t.t(JMBER 200JOJOMOOOOS, KINe; COl,iNTY, WA5I'IiNC1ON, CAS l!N~CE, TOGE,",' lIli< li<E RICHI TO ENll' UPON 111[ LOIS .T 'U ""'S rOR li<E PURPOst HEREIN 61mo. 5 li<ESt E.st"EN", EN!l;REO upoN 'OR 1H!:st PURPOltS SHALL II( Fl!:SIOIl(tl AS NE'R .s POS~BlE TO li<E'" ORlOIN'L l B~SIS or B~AAINGS; SOUTH ~IN[ or Tl-I' SOUTHEAST OVAR1~J'l or S[CMN 4, T 21 N, R 0" E, W", CONotTn)N BY THE ullufY, NO 1.1NE$ OR W1R!S f~ M TRANSMISSION or (~tCTRfe el,J~ftENT, Tt'LEPHONE OR CA9U: rv BE.RlNe SOUTH 17"S'l2" EAST lHALL II( PL'CEO OR BI: PEJMIIEO 10 IE PL.CEO UPON ANV LOI UNLESS ..., S'~E SI<'LL ~E UNOERDROUNO o. IN cONDuiT ATTACHto to II 8IJlU)lNG. ~ 44. A~1. OISTANCt UNITS SHOIMII lifl:!EIN ARt CAOUNO OISTANCtS I!:xPR!SSEO IN u.s. Sl.J~\(V r[tf,' u"MSS OTI-I[RW-S[ SI'!OFlto. AN !A.'5EMENT IS HEREl:lY Ift~VQCA&l,Y REstR\f;l;I fOR ANO CR~'I[O TO lAKEHA\lEH UTILITY DISmlCT "'NO ITS ACENTS, i sucCESSORS AND ASSIGNS, FOR SO LONG AS If $tt~ OwN ;.NO WAlNTAlN TH[ U'I111llU RE.rERENcto.. H(REIN UNOf;R 5. . .EOOI"EllR 100, , Sl:eONO OIIlECI RE'OIN. ELECTRON<C !(ll'L SlAliON .'S E"",O\1:O TO CONDuCT "ELO AND uPON THE "REA SHO- ON THE Pl.AT MI" tltscrt8EO HEREIN A$ ~WAT[R~'"t; ~"!iEl.lENT. (v.1.E) "NO wSANtTA~V TRA\(R$( CONTROl. oeSERVnctlS rem UrA9l.lSHlNG PROPE~1'Y,I.INES OELINl;ATlO uPON TI'IlS PLAT. rlN"l PR[CISlON ' sEwER EAStMENT" (SsE) TO INS1Au.. MAINTAIN, R(P\.Ja, REPAIR AND OPERATt wAlEIl' !.NO SEWER ~UINS ANO R\!"SU~,TS UE~n: OR [:<ctEOS s1ANOAAOS 'Oft LAND 'OUNOAA't' SlJRI,(YS A5 sEr rOATH IN WASHlNCTOIll APPVRJ[NANCES rOR THIS !;U9OlIJlSlON ,,"0 OTH€R PR(PtltTY TQCElH(~ Wll" THE RIGHT TO ENTr~ UPQN So\IO ."....S...livt CODE UNOtR w.C 112"lO.~0, t'A$f;M(NT A'f A.t.L TIMES ,.OR F'Uftflo5t.S INCIO[NT nPe:TQ, NO auJI.OING, WAU. ROCl<ERY, rENCl', 'fREEs of:( smUCTIJRE: 1 or .AIIlY I(!NO SHAI.L B( f;:RECttO Oft Pl,.ANTED. N<Jt SHAl,L ~y FlU. MATtRlAl. Bt PLAcE:O v.t'fHIN TMt. eOl,lNI)ARIES OF PlA T NOTF.S AND RESTRICTIONS: s~o E'SEwENT ."".. NO EI<C....nON Sl<ALLIIf: "AO( "li<1N li<""E (l) rnv OF SAlO .'TER OR SEVIER iER~ct F,a,CIl.InES ANO ll'lE>SuRFAct lEVEL Of Tl"lE QllOIJNO NTHIN TH! llAS(:..tNY A(([A $HALL 9E' ~AINTAIN[O AT 1l-IE 1. r~NClNG WITHIN TRACTS "A", I'S", .C', ANO "0. SH"'~L et PROHIBITED, m"nON 'S cuAAE!l1\Y E~SlIN.. ORANIOR .000nONAl.l.V CPANTS TO li<E L.I<ENA\!:N unllTV DISTRICT .NO liS J 'DENTS, SUCCESSOIl! .NO .SSlOllS lI<( US( Of' SUQl AO\IOnONAl AlIr. IW..aM.ltLY ADJ.ctNlIO SAID E,SEotNl 2. '~LLO'" "'li<1N li<E PL.T SHALL ACCESS "'LITARV ROAD SOUTH ., SOUtH 296li< PI.'C!, NO ~RECl VEHlCUl', A~U AS SHAl.l. 8( MEQUtRtO FOR THE CC)l!!i1ft\.lCTlONt R[a:lNsmucllOO. UNNTtNANCt ~~o OPt~ATION OF SAID WAtE~ ..cm ,"01,1 m LOT ONIO "'LITAlIV RO'o SOUTH IS PER""ll0. li<! ORI\!:." FOP LOT /7 S1<'u DE st' ~'CK oR SEVIER rACl\Jt(S. 1l<E ust OF SUO! AQOIllON'L NIt. "'LL DE NI\Il ro A RE.SON'BlE ",N1"U" 'NO BE . WINIII\JN Of' 2S fEEl 'ROIl li<E SOUli<W/:Il!:'" v ENO OF THE CUR~ AtTURt< ON "I.llARV 'OAD 'NO SCUli< 21'li< RETURNEO TO ll!E CONDIlIOH f~SllNG Il!\IfllfAltLV BEFORE li<E PllOP[I!'" W'S ENl!:'EO UPON BV li<! LAKlN'IIEN ~ 'L'C!. UlILITV DISTRICT. lIS 'OfNIS, SUCCESSORS "0 .sg...S. IN .oomON TO lI<( OTHER RESTIlIC'ONS "E'EIN. cp.NlOR SH'LL NOI CONI(V TO . li<IRO PNI", ANV E.SEWENl 011 OTHfIlIN1ERtST IlIl .101<1 Of' U9E OF PROPERTY SU~Jt.T TO t J, 11-( A.Il"ncu:s or IN(.:MPO~ATION F'OR THE WlNOSwEP'T HOUt O"'htl["S A$SOCt;.noN ARE ON fll.f WliH THE $TA~E or THE [ASEMENT THAt WOUI.O lNP..i.lR ~ Llun 'rnt uSE OF TME EASEUENl RII>>ITS GR.A"lTEO HEREIN. w,a,$HIN!i10N IN 01. )'UPI"', , 4, OE.OICATION 0:' ENVl~Otl~(NTALL'l' SEN$lTl\( AREAS TRACTS, NAnvt CIIIOWTM PROTECTION mACTS, AND CONSERVATION I OptN SP"'CE T;li'A.CTS CONI.1VS TO ,fl.l( PUal.IC A &lENfrICIAI" INTt~(SlIN fI.IE I...NO 'MTHIN l/-lE tRACT FOR ..u. ~~~~~s ;t...~,B~~~~~~C~(T ~~e~i~E~i~~St:.[rNo ~~ Tl~~~~~~~~~O~~;r:v~~~: ~ prANETN:~~I~~lL 'I' /-l"8;ITAT, CONTRa. or Su~r...CE WATER ANO EROSION, ANO t.lAlNl(NANC€ or st.0Pt stMlIUlv, S\JCH TRACTS SHAll sf oWNEO IN CO~t.lON _NO MAINUINEO a't' '1J.lE PRESiNT A"IO ruTUAE ~OMtO\lltlUtS or THE PLAT, lJPON YotiOI,4 A~( IMPOSEO TI-lt OBI.IG,,'tlQN, ENFORCE.Aa'I.E; ON BEHALF OF THE: PUBI.IC BY TtlE ClTV t'A ltOER_L WAY, TO U1,4.\( lJNOIS1\J~BEO ALl, TR((S, vtCETAllON, SI(;NIF'ICANT N-'TURAl. ~EATlJRU, "NO NATURAl. I~O('JI:N'IoIY, ~'f1.I'N ~ TJ.IE TRAct T"i( LAND SURFACE Wl""IN SI.ICl-l Tf:!A.CTS II"'" NOT at NOO!tI(O AND T\ol[ "rt(;l:t.AlIO~ ~AV NOT KENNETH R. ANDERSON at CUT, PRUN(O,. FlEMOVEO, DA~Aotc, OR CO\IEREO 9Y FII"L, 'MTHOUT THE YIFI1TTtfll .P~OVAI. at THE OT'r' or rtDi:~AL w,&.y OtPARTMIi:Nl Of COIoI~UNITV Dtvr~oPWENT S[R'ACES QjIITS $UCCE:SSOR ACEfIICY oR OEPARTWElH. A.ND ASSOCIATES, INC. i SUCH ThCTS MAV NOT BE SOI.O, rvRTH~R SU$OIVlOEO, USED r~ FINANCIAL GAIN, oA OEvELOPEO WTH "NY ~fj~'''''~I.OiHt~ $T~UC1U~E, t~CEPT rENCINC Of;! SIQN"C( M SII.lI~,a,R MINOR Sl~!JC1\JRES IF A~RO~O 9v THE CITY. THE; COMMON H20 101/\11 341,l 11'1"" $lJlt, 1:_01., rtd.lol Wo't, W/l. !aIlOQ3 BOIJNCAll:Y EltT\VE;(N SUCH TIUCTS .AND ANY AOJOlNlNC; AR(A or oEvELOPI.4tNT .ACtl'lIltV ~UST at "'ARl<(O Ofl t~~~I~"~I~J.~:~~:~"C~II: (2&3) e~-llle.. OTHEAYf1SE rlAGCEO AS RECUIRf:P ev THE CITy or rEOER...l. WA'l' PRIOR TO .ANY Cl,EARtlC, CAAOING, 9UIl.OING 'il CONSTRIJCTlON, OR OTHER Otl,l[~OPtt,lE~T ACTIVIT,!, IN TIC AOJOINING ARU, AND 1HE REQUlR(O ijAA:KING OR rLAC:CINCi SMALL R(UAIN IfII "'lACE UNTll All ~JACENT OEIJt~OPI.I(Nl "CTMTY 15 COI.IPI.ETED, ~ F'11..t No. 1l$""OO3eO~OO-sU . ...--"._._.,...,.,.~_..",.,._,_. EXHIBIT -8 PAGE_ 2. OF--!l- WINDSWEPT A PORilON OF lHE S.W. 1/4. OF lHE N.E. 1/4. SEC. 4, TWP. 21 N., RNG. 4 E., W.M.. AND lHE N.W. 1/4. OF lHE S.E. 1/4, SEC. 4, nw. 21 N., RNG. 4 E., W.~., FEDERAL WAY, KING COUNTY, WASHINGTON rQUND ~O/ol IN c.&$f;, IN eEN"E;~LIN~ QF $, UfJTH !51.0~ we:ST SlOt C' (:HI.jllQ1. ON !.All 110": 0"" I~t, ~~ IlfllASS 0ISl< IN ".1(4' eOH(:., III"'''I([D W1T1-1 SteTlON INroIWAll(lN, \o'ISlTlEO 0/'0/2004. ~oo NS"O'aS'W 1109.'.'(C) 1000..!'(M) lIJ'lr(R_'1 o' 'OUND YON l!ll CAst tN cl!:~.j'tEf':LINt . ...- ' OJ:' 8, 21!lIlbl sr, AT ~'ST $lD! or 04 131$1,'" I 1JI0 7.' :&~z:. ~ 1H;!rr:g:C:o"t ';~A~~ . ,~ !II. 2e"TH ""'.. ..";.c.. c:otIIc. wI 3" I PUNCI'IIItD su"r,&c( III!AII DISk:, ......S1'ltQB!10/'llDO...,. . III );: ~ ~ ~ r:!1'" <i_ I- ;!; ~ ~ i i~ 4-lf g. \,' Seei!l'2~ + ---1e2~ .; ~ ';'1:3,20 1,)IJ,~Q' I ~ I ~ ~ ~ I~ ~ ~ ~I~ '''''UI'''' ~ ~Il! ~!i! ~~~~ ~- - 1,411,HAItV "0, S., 11'(11 JOIl &0'_ I(flllG eou"l1'Y tlli:1.0 ' ...~.... ~ 80011:5 :iO::lt .lrND U', \ ........ 5 III _ N~e"e'~9'W J \ lII','l'(CI 18M,"'("-If" . _ 'JOS.'" 1"o.J,'(C) 281IJ.'("-I) , J ~,...,u"",." ..,., ~~"".." '.. II!f;C. NO. ~QO)ojQ$'ilCI;lOoe, . I Ae:l;:, NO, 200JO:'O:l90000a: III li! i t- o;:' ~ -or 1'>1 ;; ~I- ~I::; :; 'f ~~ -I~. ~ . = ~ Iff SM'Ol"!L- + --....Y"..l' 4~ ~ ~ 10'8.1" 'J~ '1 ~ , I ~ ,1; I I" ~ ~ ~ ~ i I~ l! ~ i!!/" ~ ; ~ f"OI.INO j& ~Up:tAC( ellASS 1:IISIl;." I] ~ ::7 ! "'AI'U(E:O >MTI'I !I~(:ftON INrOlllt,l~TIQI\j ~ .NO"LS',"13".AND"~$IOi""'~ ~ vI$ITtD i11/10130Cloi, ,. · "".'" J ii I S.?...Jl.OUI.J8'(C) 2111.11'(" J SASlS (;I B(ARlt.IGS 10 J ...OU~ 'R~Sll DISK IN ,3" IlII'ON II'IIP~ I' Ar lN1VtsttTltv'l 0'" 51, 3S4fH $1, '" :';:NO A.'t,(, S., fli".Ii(I:O WI," SlCTtQN IN'()Il!IIIA.TQI. 0,2(1'" HLOW tv",,,cr. I ~"TI:O ./;0/2004, I SECTION SUBDIVISION SECTION 4, TOWNSHIP ZI NOI'lTH, FlANGE 4 EAST, W,M., ~ KING COUNTY, WASHINGTON " se.", ,". ~OO' waWl:. .i (C) C:Al.CU~A TEO ~ (,l,l) IIIlAUfD i ",) fIl~QiMD or 1UlII'\II'1 (lII'I;i;QIIlD 11ll"~~AlICtI) ~ .. Itr:c, 1oiQ, :il00JOJO~'OOOOl, ~ . I rl,t No. g9-100JI0- 00.- sv EXHIBIT 9 PAGE-3-0F ~ WINDSWEPT A, POR110NOF' 'THE S.W. 1/4. OF' 'THE N.E. 1/4. SEC. 4, TWP. 21 N., RNG. 4 E.. W.M., AND 'THE N.W. 1/4, OF' 'THE S.E. 1/4, SEC. 4, TWP. 21 N., RNG. 4 E.,W.M., FEDERAL WAY, KING COUNTY, WASHINGTON '" :~GsTtJIiiT'r~;"\' ~ -- -... 1.". 1;;\ /' CI."''''.I ;;;- CA\.(;IA",,-D ~OC.ll()t or 1ll0~ /. ~~, N(IIIITM 1.1Ht. IVM"-lT~V~. I. '\ AOO,M~fClO'D!OIO'M"".,~ </ > of .... ,/., .1, '/.1! g \ I.~O'll)'. tHT!:~IKI flM NO'fU. ~'CI )< <",: ~ ""'0. ..,,- , O,i,l!O ~t~:~'M~t~~,,~:: {r ~'Il.j,~ ~~f )0", '? i~ .-- . --'. ..... ,...., ~ J '\ J.. '~''';;'t.. '\ U>'_;:.....- I ""1"0 -?oy~{, I I , / ~-tr ' ~it ,\.(LcI........ory '\ 4: ~ \"''''/ ' S, 2"TI1 ,1.. ~. " .......--/; I / '~! / I / I I " I r - I I ,m:;., ~4~l --......- :il~oIl~:I(S~~~~TtO "O~~SL>>ONl'Ii( lICCOt.lOWO or nIlS P~.'. SCA~E I. n:n r--'"- , <0 I. 0 4. 80 -9 >t $CALt ; ,. " 40' 'f}1-", "'R"Al OAru., "AS -ti,. 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'. ! / (:::~ . \ ~I ~ ~ ~; J -.. u ..~, ,=:;, ~..~ CO I"_:..~:~~_j.:.'!..~l-~ f ~ ~ __-~_____~____ L';;'.-'~'~ - -- -']AftJO '" 9 '!: ,~IIIJf""",".D'I&j" {'l3H_S; ,J>'t9'.'" 1]:^'tIj~ ::g '" I r-:- - -- I I I I I ~. ,.1 , 0 '" ~ n~ CO I I '" -*- ~ ~ &~I'i~ '" I I JQ 0, ~ · ;I!.i I I I I F -z. .",..,-- --.---------.. - -- --- ..-. -..- --..----.-- .-.,.-- RESOLUTION NO. 06-323 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDmONS THE PRELIMINARY PLAT OF WINDSWEPT, FEDERAL WAY FU..E NO. 99-100368-00-SU. WHEREAS. the applicant Randy Lloyd, applied to the City of Fedecal Way fOT preliminary plat approval to subdivide certain real property known as Wmdswept Preliminary Plat, consisting of 2. 81 acres., into a seven (7) lot single family residential cluster subdivision, located on the west side of Military Road South at Camelot Drive (If extended); and .4" WHEREAS, on September 28, 1996, a Mitigated Detennination of Nonsignificance (MONS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the' State Environmental Policy Act. RCW 43.21C. and no one appealed the .,-~,~J:' ',J MONS; and WHEREAS, the Federal Way Land Use Hearing Examiner held a public hearing on August 29, 2000, concerning the preliminaIy plat of Wmdswept; and WHEREAS, following the conclusion of said hearing, on August 2, 2000, theFedeca1 Way Land Use Hearing Examiner issued a written Report and Recommetidation containing findings, concluSions and recommending approval of the preliminaIy plat of Wutdswept, subject to conditions set forth therein; and 1 :)) EXHIBIT PAGE~OF ...12..- I Res_ #00- 323Page 1 (C(Q)[P)Y( I I WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-106 and Section 22-476 et seq, of the Federal Way City Code (as vested) to approve, deny or modify a preliminary plat and/or its conditions; and WHEREAS, on October 17, 2000, the City CoWlCil considered the written record and the Recommendation of the Hearing Examiner, pursuant to Chapter 20 ofPederal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes; NOW THEREFORE, TIm CITY COUNCn. OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLWWS: Section 1. Adoption of Findings of Fact and Conclusions. L The findings of fact and conclusions of the Land Use Hearing Examinee's Recommendation, attached hetitto as Exhibit A and incorporated by this reference. are hereby adopted as the findings and conclusions ofthe Federal Way City Council Any finding deemed to be a conclusion, and any col!clusion deemed to be a finding shall be treated as such. I ;,;'CJ{ :"';"", . 2. Based on, inter alia. the analysis and conclusions in the StatfReport and Hearing Examiner' 5 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. paries and recreation, play grounds, and schools and school grounds and aU' ,other rdevant facts. as are required by City Code and state law or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions \ for students who walk to and from school. 1 Res. Ibo- 323 Page 2 EXHIBIT D PAGE-kOF Jk. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. ADplication Approval. Based upon the reCommendation of the Federal Way Land Use Hearing Examiner and findings and conclusions contained therein as adopted by the Oty Council immediately above. the preliminary plat ofWmdswept, Federal Way Vue No_ 99-100360-00-SU. is . ' hereby approved. subject to conditions as contained in the Recommendation of the Federal Way Land Use Hearing Examiner dated September II. 2000 (Exhibit A). Section 3. Conditions of Ap'proval 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 4. jurisdiction over the subject matter declare any oftbe conditions.invalid. then. in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void. and the preliminary plat shall ~remanded to the City of Federal Way Hearing Examiner to review the ~:,y impacts of the invalidation of any condition or conditions and conduct such additional p~ingq as are necessuy 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 secti~ sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court \of competent jurisdiction. such invalidity or Res.#OO-323Page3 EXHIBIT' 1:> PAGE 3 OF ;;:- ---....-.. unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, . clause Of phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the e1fective date of the resolution is hereby ratified and affinned. Section 6. Effective Date. This resolution shall. be effective immediately upon passage by the Fedecal Way City Council. RESOLVED BY TIIE CITY COUNCa OF TIlE CITY OF FEDERAL WAY. WASIllNGTON, TmS~DAYOF October . 2000. CITY OF FEDERAL WAY .c q~~#< ,. 5i:r~d~ CITY CLERK. N. CHRI GREEN, CMe APPROVED AS TO FORM: ~(!.~ . .CITY AITORNEY, ROBERT S. STERBANK FILED wrm TIIE CITY CLERK: 10/10/00 , PASSED BY THE CITY COUNCIL: 10/17/00 RESOLlITION NO. 00-323 Res. #00- 32;JPage 4 EXHIBIT PAGE~OF CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) ) PRELIMINARY PLAT OF WINDSWEPT ) FWHE# 00-20 ) 99-100360-00-SU ) SUB91....Q002 ) Related File No. SEP95-0026 PROCESS IV ) ) . . I. SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval to allow a seven (7) lot single family residential cluster subdivision of 2.81 acres, pursuant to Federal Way City Code (FWCC) Chapter 20, Subdivisions, Division 5 Preliminary Plat, and FWCC Article VII, Process III Review; with proposed intrusions into Environmentally Sensitive Areas induding a Major Stream Setback and Floodplain, pursuant to- FWCC Article XIV, Environmentally Sensitive Areas. . II. ~ROCEDURAL INFORMA TIOH Hearing Date: August29,2000 Decision Date: September11,2000 At the hearing the foll9~ing presented testimony and evidence: .:.,:i -, 1. Lori Michaelson, Senior Planner, City of Federal Way 2. Richard Miller, Engineer for Applicant 3. K. Nam 29605 Military Road South, Federal Way, WA 98003 4. RandyUoyd, Applicant, 2102 South 34151 Place, Federal Way, WA98063 At the hearing the following exhibits were admitted as part of the official record of these proce~ings: 1. Staff Report with all attachments 2. Mr. Nam's Photographs (3 Sheets' EXHlfT D 1 PAGE OF j2,' '/I" RXJ.JmlT . III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, 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" and 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 an irregularly ~haped, 2.8 acre parcel of property abutting the west side of Military Road. South opposite Camelot Drive and the Camelot Mobile Home Park within the City of Federal Way. The site is presently improved with one single family residential dwelling and the applicant requests preliminary plat approval to allow subdivision of the site into seven single family residential lots and two tracts. The existing house will remain at its present location on proposed lot six. 5. The preliminary plat map shows that a single, 50 foot wide, 200 foot long, cul-de-sac . road extending southwest from Military Road into the site will provide access to all seven lots. Lots vary irisize between 9,705 square feet and 8,917 square fee~. Tract A, a 19,011 square foot parcel located in the northwest comer of the parcel, will be used for a stream buffer, stonn drainage, and conservatiOn open space area. A 14.067 square foot Tract B. located between the internal plat road, the Military Road right-of~~y and the southeast property line of Tract A js desjgnated for usable open spjFe. 6. Access to the ellSting house on proposed lot six is presently provided by a gravel driveway extending southwest and south from Military Road across the plat property. The abutting neighbor to the east uses a portion of the driveway near Military Road for access as well. However. said property owner does not have an easement to use said driveway, and the applicant proposes to ,eJiminatethe driveway and provide access for lot six onto the internal plat road. While testimony at the hearing indicated that the abutting neighbor to the east might have an adverse possession claim or some other right to use the driveway, such issues are beyond the scope of the present proceeding and are reserved for Superior Court. However. property line and easement disputes must be resolved prior to final plat . ;;ipproval. 7. The site is located within the Single Family High Density designation of the Federal Way Comprehensive Plan, and abutting properties are located in either the Single Family High Density or the Multi-Family dl3signation of the comprehensive plan. A seven Jot single family residential subdivision on 2.8 acres is consistent with the 2 EXHI~Tk PAGE OF -.... comprehensive pJan. 8. The site is located within the RS-9.6 zone classification of the Federal Way City Code (FWCG) which authorizes single family residential homes on minimum 9,600 square foot lot sizes. While fIVe lots are less than 9,600 square feet, the applicant has also applied for ~ cluster development pursuant to Section 20-154 FWCC. 9. A drainage course flowing from west to east adjacent to Tract A on the northwest property line meets the FWCC definition of .major stream. and must be protected by a minimum 100 foot setback. However, the applicant has applied to intrude into the major stream setback for the purposes of widening Military Road South, providing an adjacent landscape buffer, installing a biofiltration swale, and performing related grading and landscaping. . , 10. The topography of the site slopes gradually down hill to the southwest from Military Road, and previous dearing, contains no trees meeting the FWCC definition of "significant.. Small birds and animals probably inhabit the site, but no threatened or endangered species. Required landscaping in Tracts A and 8 will very likely improve on-site habitat opportunities. ~ 11. The applicant filed a completed application for preliminary plat approval on . December 22, 1994, and pursuant to RCW 58.17.033. is subject to the comprehensive plc;lO, ?ooing, and other land use ordinances in effect on said date~ Section 20-154 FWCCauthorizes cluster subdivisions in order to promote open . space and the protection of natural features such as trees and wetlands. Said section authorizes' reductions in . lot size below the minimum required in the applicable zone classification, provided that minimum yard and setback requirements can be met However, density cannot be increased over the maximum allowed by the;iinder1ying zone classification. 12. As shown in Section V of the staff report, the RS-9.6 zone ctassification would allow subdivision of the site into a maximum of ten lots while the applicant proposes seven"lots. Thus, the proposed density of the clustered subdivision does not exceed the maximum allowed by the RS-9.6 classification. Furthennore, two of the seven lots.will exceed the size requirements, and the remaining five lots will be only 683 square feet less than the minimum authorized by the RS-9.6 classification. Clustering is appropriate as it allows the applicant to preserve the entire stream buffer and floodplain as permanent, conservation open space with planting enhancements. It further allows contiguous, usable open space visuaUy and 'functionally linked to the conservatiOn open space. 13. The applicant proposes an Undergroun~ pipe system within the internal plat road to collect and detain storm water prior to ts discharge to a biofiltration swale along the westerly portions otTracts A and B. The storm drainage system will include a 3 EXHIWT b PAGE . OF J':=- controlled release facility release water to the stream at a metered rate along the northwest property tine. Surface water is conveyed from that point through a culvert under Military Road northeaster1y to the Bingaman Pond, Mill Creek, and eventually to wetlands adjacent to West Valley Highway_ The applicant must construct the stann drainage facilities in accordance with the 1990 King County Surface Water Design Manual and the City's engineering and construction standards. Such will ensure safe and appropriate management of surface water runoff. 14. The applicant wiN construct sidewalks on both sid~ of the internal plat road and on the west side of Military Road across the plat frontage. Such will ensure appropriate internal pedestrian circulation and safe access for school children to school bus stops. . . . , 15. The applicant will provide Type III landscaping and street trees in the 10 foot wide Tracts C and 0 adjacent to Military Road, and street trees on both sides of the internal plat road. Prior to final plat approval, the applicant must submit a final landscape plan to the City for final approval. 16. The FWCC requires open space to equal at least 15% of the gross area of the site, but authorizes plats of fIVe acres or less to pay an alternative fee in lieu of providing on-site open space. Based upon the gross area of the two parcels, the Windswept - plat must provide 18,295 square feet of total open space which includes 12,197 square feet of usable apen space. The applicant proposes 19.000 square feet of conservation open space, more than the total open space requirement. However. the applicant is able to provide only 9,280 square feet of usable open space and therefore proposes .afee. in lieu of providing the balance of approximately 2,900 square feet. Th~ City Parks Director reviewed and accepted in concept the fee in lieu. request. ,. <}f- ., 17. As previO':Jsly found, the applicant proposes to intrude into a portion of the major stream setback for road widening and biofiltration swale construction. Conditions of approval require.the applicant to construct half street improvements to the. Military Road right-of-way across the plat frontage which win include an eight foot wide sidewalk; six foot. wide planter strip with street trees and streetlights; curb and gutter. five foot wide bicycle lane; and pavement widening. The applicant must also dedicate a 20 foot wide strip of property for widening Military Road. Such improvements require intrusions into the stream setback and floodplain. 18. . priQr to intruding into a stream setback and floodplain, the applicant must establish that the request satisfies the criteria set forth in Section 1312(c) FWCC. Findings on each criteria are hereby made as follows: , A. The intrusion will not adversely dffect water quality. The applicant must comply with the stann drainage detention and water quality requirements of 4 EXH~ PAGE OF the King County Surface Water Design Manual as well as the City's adopted storm drainage design and construction standards. Compliance with said criteria will ensure no adverse impact to water quality. 8. The intrusion will not destroy or damage a significant habitat area. As previously found, the stream setback has been previously cleared of significant vegetation and is of marginal habitat value. Furthennore, from its headwaters near SR-99 to Interstate-5, the stream has been severely impacted by past development Furthermore, portions of the stream downstream from the site are completely developed with residences and roads. The mitigation planting plan and monitoring plan will increase habitat value. . ' C. The intrusion will not adverseJy affect drainage or storm. water retention capabilities. Again, compliance with the King County Surface Water Design Manual and City standards will ensure no adverse impacts to surface water drainage or storm water retention capabilities. D. The intrusion will not lead to unstable earth conditions nor create erosion hazards. The applicant must provide a temporary erosion and sedimentation control plan as part of construction permit applications. . E. The intrusion wiJI. not be materially detrimental to other properties in the area nor to the City. as a whole, . nor will' the intrusion cause a . loss of significant open space or scenic vista. To the. contrary, the purpose of the intrusion is to create new sidewalks. bike lanes. and a planting area for street trees and other landscaping which will provide public benefits. The area has no importarjf view corridors, and the intrusion is necessary for reasonable develop~nt of the property (to accommodate surface water drainage and improvements to Military Road). 19. The applicant will construct the internal plat road to the City local right-of-way standard which includes five foot wide sidewalks, four foot wide planter strips with trees and streetlights. and a 28 foot wide pavement within a 50 foot wide right-of- way. As previously found, the applicant will also construct half street improvements to Military Road South and will also execufe a -No Protest locallmproverrient District Agreemenr wherein he agrees to participate in future improvements to the east side of Military Road South. 20. School' children residing in the plat will attend lake DoUoff Elementary School, Sacajawea Junior High School, and Federal W&y High School. The district wifl bus all students residing in the plat. Conditions. require the applicant to comply with the City School Impact Fee Ordinance at bOikling pennit issuance. Said ordinance currently requires a payment of $2,383 per single family housing unit to the school 5 EXHI~T '"b PAGE OF _,1- ...- district. 21. The lakehaven Utility District will provide sanitary sewers, potable water, and fire flow to the site. 22. Prior to obtaining preliminary approval the applicant must also establish that the project satisfies the criteria for Process III review as set forth in Section 22-476 FWCC. Findings on each criteria are hereby made as follows: A. As previously found, the proposed preliminary plat is consistent with the comprehensive plan which designates the site Single FamilyHigh Density. B. The project is consistent with aU applicable provisions of the 'fWCC including those adopted by reference. The project compiies with all criteria set forth in Chapter 20 FWCC entitled .Subdivisions. and Chapter 22 entitled "Zoning". The proposed cluster subdivision and minor intrusions into a stream setback and floodplain are consistent with applicable decision criteria set forth in Section 20-154, et seq., FWCC. C. The project is consistent with the pUblic health. safety. and welfare. All facilities and services are available to serve the proposed preliminary plat ~, D. The project complies with design criteria set forth in Section 20-2 FWCC. E. The project complies with the development standards set forth in Sections . 20-151 :.. 20~157 and 20-178 - 20--187 FWCC. f.' ;X~ 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 Windswept makes appropriate provision for the public health, safety. and general welfare for open spaces. drainage ways. streets. alleys, other public ways, water supplies. sanitary waste. parks. playgrounds, sites ~Qr schools. school grounds, fire protection, and safe walking conditions. 3. The proposed preliminary plat is consistent with the Fedec:al Way Comprehensive Plan and the RS-9.6 zone classification as modified by the cluster subdivision. 1 4. The project satisfies aU criteria for intrusion into a stream setback and floodplain as well' as all criteria within f!1e FWCC concerning subdivisions. 6 " EXHIBIT 1;> PAGEJO OF~ . . . 5. The proposed subdivision will seIVe the public use and interest by providing an attractive location for a single family residential subdivision and therefore should be granted subject to the following conditions: 1. Prior to issuance of construction permits, a final landscape plan, prepared by a licensed landscape architect in accordance with FWCC Article XVII, Landscaping, shall be submitted for review and approval by the Director of Community Development Services, and shall include the following elements: (a) Street trees in right-of-way planter strips along the project frontage of Military Road and both sides of the internal plat street; and (b) Type III landscaping within required landscape buffers adjacent to Military Road. 2. Prior totinal plat recording, the applicant shall pay the proposed alternative fee-in-lieu for the balance of required usable open space, pursuant to final area calculations for on site usable open space, which fee shall be calculated on the basis of 15% of the most recent assessed valuation or MAl appraisal, at that time, subject to final approval by the Directors of Parks and Community Development Services. 3. Prior totinal pdtt approval. the applicant shall install landscaping in the stream setback area in accordance with the Windswept Preliminary Plat Mitigation Planting Plan. by Adollson Associates, revised 8/16/00; and shall . submit, for the city's review and approval, a monitoring plan prepared in accordal;Jce with FWCC Sec. 22-1358(e)(1)a."'9.; and pursuant to FWCC Sec. 22.,;1243. the applicant shall be responsible to pay for the services of a city-approved qualified professional to perfoon inspections and reporting tasks required to implement the monitoring plan. 4. In accordance with FWCC Sec. 20-114{c). as vested, the preliminary plat shall expire three years from the date of city council approval unless substantial progress has been made toward completion of the entire plat. In . the event the applicant has not made substantial progress toward completion of the plat. the applicant may request a on-year extension from the Hearing Examiner. The request for extension must be submitted to the Department of Community Development Services at least 30 days prior to the expiration date of the preliminary plat and will be decided by the Hearing Examiner pursuantto FWCC Sec. 20-114(d)(e). ; , 7 b EXHIBIT J2. PAGE-!LOF . . . . . . . RECOMMENDATION: It is hereby recommended to the Federal Way City Council that the preliminary plat of Windswept be approved subject to the conditions contained in the conclusions above. DATED THIS 11th DAY OF September, 2000t ~ff:~ s1i ENK. CAUSSEA X, JR. _ Hearing Examiner . TRANSMITTED THIS \.l el.- DAY OF September. 2000. to the following: APPLICANT: Randy Uoyd P.O. Box 3889 Federal Way, WA 98063-3889 K. Nam .; 29605.Military Road S.. ~ Federal Way. WA 98003 . City of Federal Way c/o Chris Green r 33530 1" Way S. <l Federal Way, WA 98003 i 1 8 EXHIBIT _J:>n:... . PAGEJ~ OF RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF WINDSWEPT, FEDERAL WAY, WASIDNGTON, FILE NO. 04-104165-00-SU WHEREAS, on August 29, 2000, the Federal Way Hearing Examiner conducted a public hearing on the preliminary plat application resulting in the September 11,2000, recommendation of the Federal Way Hearing Examiner; and WHEREAS, the preliminary plat of Windswept, City of Federal Way File No. 91-100360-00-SU, was approved subject to conditions on October 17, 2000, by Federal Way City Council Resolution No. 00- 323; and WHEREAS, on September 9,2003, the Federal Way Hearing Examiner granted a one-year extension to the preliminary plat application to October 17,2004; and WHEREAS, the applicant submitted the application for final plat for Windswept on October 12,2004, which was within the required time of receiving approval for the above-referenced preliminary plat extension; and WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 00- 323; and WHEREAS, the City of Federal Way's Department of Community Development Services and Public W orIes Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval, and final plat decisional criteria, and their analysis and conclusions are set forth in the September 14, 2005 Staff Report, which is hereby incorporated by reference as though set forth in full; and WHEREAS, the applicant has complied with the condition of the mitigation measure of the September 26, 1998 State Environmental Policy Act Mitigated Determination of Nonsignificance, as discussed in the September 14,2005 Staff Report; and E EXHIBIT PAGE-L-OF ~ Res. # , Page 1 WHEREAS, the City C~uncil Land Useffransportation Committee considered the application and staff report for the Windswept final plat at its September 19,2005 meeting, and recommended approval by the full City Council; and WHEREAS, the City Council reviewed and considered the Staff Report and the application for final plat for Windswept during the Council's October 4,2005 meeting. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The final plat for Windswept, City of Federal Way File No. 04-10416S-00-SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. 2. Based on, inter alia, the analysis and conclusions in the Staff Report, which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for 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 wastes, parks and recreation, playgrounds, and schools and school grounds as are required by City Code, or which are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the [mal plat approval granted herein. 4. AU conditions listed in the September 17,2000, Federal Way Resolution No. 00-323 have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code Section 20-135. 5. All required improvements for final plat approval have been made and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all Res. # ,.Page 2 EXHIBIT e PAGE ....z,. OFi- required plat improvements as identified in the September 14, 2005 Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid or will be paid, prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section I above, the final plat of Windswept, City of Federal Way File No. 04-104165-00-SU, is approved. Section 3. Recordin~. The approved and signed final plat, together with all legal instruments pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the King County Department of Records. The applicant shall pay all recording fees. 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. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS DAY OF ,2005. CITY OF FEDERAL WAY Mayor, Dean McColgan EXHIBIT It Res. # , Page 3 PAGE-LOF ~ A TIEST: Interim City Clerk, Jason Suzaka ApPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No: EXHIBIT ~ Res. # , Page 4 PAGE tl OF~ . EDERAL- ~~ ~33530 1ST WAY SOUTH ' (206) 661-4(J(X) fEDERAL WAY, WA 98003-6210 September 9, 2003 /iry Clerks Office Ity 01 Federai Way . . . . Randy Lloyd P_O.~Box 3889 Federal Way. WA 98063-3889 RE: TIME EXTENSION FOR PRELIMINARY PLAT OF WINDSWEPT CITY FilE NO. 91-100360-00-SU Dear Applicant: Enclosed please find the Repbrt and Decision of the City of Federal Way Hearing Examiner relating to the above-entitled case. ., E HEARING EXAMINER SKC/ca cc: All parties of record City of Federal Way (!r .. /" . ~~-~ ~l- EXHIBIT Y PAGE \ OF .~ OFFICE OF THE HEARING EXAMINER CITY OF FEDERAL WAY REPORT AND DECISION TIME EXTENSION FOR: Preliminary Plat of Windswept City File No. 91-1oo360-OO-SU SUMMARY OF REQUEST: .lfR1r~ a; IE II t9 ~i~ Request for one year time extension. 111' nl I SUMMARY OF DECISION: iJ iF SEP 1 0 2003 j t!!J . }J L -------1 Time extension is hereby granted. ............ ----..~ !,uy 1'!Pks Office lily of i"'~'~"'a' 'M, - --,.. I ,,,~y FINDINGS AND DECISION: FINDINGS: 1. The Federal Way City Council conditionally approved the preliminary plat of Windswept on Octobe,A~20. 2000. The preliminary plat was vested to city ordinances in effect in December, 1994, when the applicant submitted a completed application for preliminary plat approval. The 1994 subdivision code provided that preliminary plats not processed to final plat approval would . expire three years from the date of City Council approval unless the applicant obtained a time extension. ~ ~ ~ " : ~ ...;. .,.~~)? 2. On July 28, 2~ Richard L. Miller, P~E., project engineer, requested a one year time extension. By letter dated August 26, 2003, Kathy McClung, director of Community Development Services, recommended approval of the one year extension. 3. Section 20-114(0) of the Federal Way City Code (FWCC) in effect in December, 1994, requires the Examiner in detennining whether to approve a time extension to consider "whether conditions in the vicinity of the subdivision have changed to a sufficient degree since initial approval to warrant reconsideration of the preliminary plat" . 4. Ms. McClung's letter states that conditions in the vicinity of the project do not warrant reconsideration of the preliminary plat and that the department -2- EXHIBIT 'f PAGE 2." OF ~ .~...., .'. reCommends approval. CONCLUSIONS: 1. Section 20-114 FWCC grants the Examiner jurisdiction to consider and decide requests for one year extensions to process a preliminary plat to final plat approvat 2. The applicant asserts and the Community Development Services Department agrees that changes in the area since the initial approval do not warrant reconsideration of the preliminary plat. DECISION: . . The request for a one year time extension for the preliminary plat of Windswept is hereby granted. The new expiration date is October 17, 2004. ORDERED this91h day of September, 2003. . i TRANSMITTED this 9th day of September, 2003, to the following: APPLICANT: Randy Lloyd P.O. Box 3889 Fetd~ral Way, WA 98063-3889 ~';-:K ~>~ , KNam 29605 Military Road S. Federal Way, WA 98003 Richard l. Miller, P.E. HLM Engineering 15604 86th Avenue Ct. E. Puyallup, WA 98375 City of Federal Way do 'Chris Green P.O. Box 9718 Federal Way, WA 98003 -3- EXHIBIT -p PAGE ~ OF ~ MEETING DATE: October 4, 2005 ITEM # . .. ......................................................................_ ................... '''''BU.'''''''''''' ................................................._m.... CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: The Greens Preliminary Plat, File No. 05-100447-00-SU ""."".'''..,.'''....._ m..............................._m.... ............................. """",,,,,,.,,,, ...."",..,....,..."." .......,_. ......................_..__.....__m.._............._m.m . ............................................. ---..... ......................-...-...-..-........-....... CATEGORY: BUDGET IMPACT: cgJ CONSENT o ORDINANCE Amount Budgeted: $0 cgJ RESOLUTION o PUBLIC HEARING Expenditure Amt.: $0 D CITY COUNCIL BUSINESS o OTHER Contingency Req'd: $none .____.m........ ... ..............."......."',..........."""..""..,.,." .,...,......,- m........_._m.... mm............_....... ... ......... .............~.. ................._.._......._.......__. ......................__..__......_._...._..._............._.........-...--....--........ ATTACHMENTS: September 12,2005 memorandum from Jim Harris, Senior Planner, to City Council/Land Use!fransportation Committee (LUTC), with attachments including Hearing Examiner August 30,2005 Report and Recommendation (Exhibit A), staff report to Hearing Examiner dated August 16, 2005 (Exhibit B), and draft preliminary plat approval resolution (Exhibit C). ..............~ ........",.............."."""".."....."'......"',"'"".."..".""........",. .....,...- ....................-......-.........-......""--"-""'-"-"''''-- .........._....~ .....................-..""-- ...-................-.......----..-....- ..........-.-.-.....-..., ......_._.,-,,~,..,-_...,--_..._.._., ..,.,,-,.....," .....,............"."...,., SUMMARY /BACKGROUND: The applicant requests approval of a 20-10t residential subdivision, as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," subject to City Council approval. .......................".., . ""....,,,..,.. """."'.,..""''''''''.....,..,-..,.........--.....--.-......-.-.-.---.-.- .............................................-............... ....... ........................-... ...........-....... .....................- ...............-.........-.............-..........-.-..-.--......-..-......-....,..-....... CITY COUNCIL COMMITTEE RECOMMENDATION: On September 19,2005, the LUTC passed a recommendation approving the Resolution for conditional approval of The Greens preliminary plat application to the full City Council, subject to the conditions recommended by the Hearing Examiner and based on the Findings contained in the Hearing Examiner's August 30,2005 Report and Recommendation. ............................,..............,.".".,.,..,.....,....."..""..,...."....,.."""..,.."".."..... . ...................................................,-.-............-..--..-...--.-......--...--...--........---..-...,,-....,..-....,.,.....,."""'''''.. ....""""""",.,... ....,...... ..,.".........~..~.................- .......................-....- PROPOSED MOTION: "1 move approval of the LUTC recommended resolution, approving The Greens preliminary plat, based on the findings and conclusions in the August 30, 2005, Report and Recommendation by the Federal Way Hearing Examiner." -~~~ .......-.,."""""'..",,"..""".""" """""""""""""""""""""""""".............."".. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED COUNCIL BILL # D DENIED 1 ST reading D TABLED/DEFERRED/NO ACTION Enactment reading D MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # . {) CffYOF A Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM TO: Jack Dovey, Chair Land Use and TrnnspOrtation r- FROM: Jim Harris, Senior P1ann~ VIA: David Moseley, City Manag ~ RE: The Greens Preliminary Plat Application No. 05-100447-00-SU DATE: September 12,2005 I. STAFF RECOMMENDATION Staff recommends the Land Use and Transportation Committee fOlWard to the City Council a recommendation approving The Greens preliminary plat with conditions, based on the findings and conclusions in the August 30, 2005, Report and Recommendation by the Federal Way Hearing Examiner. ll. SUMMARY OF APPLICATION The applicant requests approval of a 20-lot residential subdivision, as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," subject to City Council approval. ill. REASON FOR COUNCIL 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 Use and Transportation Committee for review and recommendation prior to review by the full Council. IV. HEARING EXAMINER'S RECOMMENDATION On August 30, 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 six of seven conditions recommended by City staff. The Hearing Examiner eliminated a condition recommended by staff, which required retention of existing vegetation on the future lots, by limiting clearing and grading to the right-of-way, storm drainage area, and usable open space area. The Hearing Examiner replaced the staff recommended condition with a condition, which allows ., mass grading of the site including the future lots at the time of plat infrastructure construction. The Examiner's recommendation was issued following consideration of the' following: staff report (Exhibit B) and testimony presented at the August 16,2005 public hearing. The Hearing Examiner's recommendation is subject to the following conditions of preliminary plat approval: 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Final storm drainage engineering plans shall comply with the following: A. Drainage plans and. analysis shall comply with the 1998 KCSWDM and amendments adopted by the City of Federal Way. City of Federal Way. approval of the drainage and roadway plans is required prior to any construction. B. On-site stormwater quality treatment shall be provided using the basic water quality menu options of the 1998 KCSWDM as amended by the City of Federal Way. C. On-site stormwater runoffcontrol (detention) shall be provided in accordance with Chapter 5 of the 1998 KCSWDM. The detention facility must be designed to meet the Level 3 Flow Control requirements of the KCSWDM. Final review of the stormwater quality and detention facilities will occur in conjunction with full engineering review. 2. The applicant is required to construct an off-site stormwater conveyance system within the southerly right-of-way of SW 356th Street, in order to convey stormwaterflows from the detention and water quality facilities to the existing public drainage system. J. The final plat drawing shall establish Tract A in an open space tract to be owned in common and maintained by property owners of the proposed subdivision. The final plat note shall include provisions prohibiting removal or disturbance of vegetation and landscaping within the regulated wetlands and buffers in Tract A, except as necessary for maintenance or replacement of existing plantings and as approved by the City. A note shall be included on the final plat map that the open space tract shall not be developed with any buildings, and may not be used for fmancial gam. 4. The final plat drawing shall establish Tract B in a usable open space tract to be owned in common and maintained by property owners of the proposed subdivision. A note shall be included on the final plat map that the open space tract shall not be developed with any buildings, and may not be used for financial gain. 5. Prior to issuance of construction permits, a final landscape plan, prepared by a licensed landscape architect, shall be submitted to the City for approval, and shall include the following elements: A. Open space landscaping in Tract B; B. Street trees in right-.of-way landscape planter strips; C. Type ill landscaping in Tract E; D. Significant tree preservation plan; and Land Use and Transportation Committee 05-100447-00-SU I Poc.I.D.33160 The Greens Preliminary Plat Page 2 ------. . E. Tract F landscaping, screening the storm drainage pond from adjacent right-of-way with landscaping and/or fencing. Cyclone fencing, if used, shall be coated black or green, and shall be screened by vegetation. 6. The proposed subdivision shall comply with the Public Works Development Standards, including the following requirements: A. Six feet of right-of-way shall be dedicated along the SW 3561h Street property frontage. B. The cul-de-sac shall be constructed to City Street standards, which include a 90-foot diameter turnaround, vertical curb and gutter, five-foot sidewalk, and three-foot utility strip, within a 106-foot diameter right-of-way and an optional center island. The owners oflots 7 thru 12 shall have primary maintenance responsibility, with oversight by the homeowners' association, for the center landscape island if constructed. 7. The applicant may mass grade the site. V. PROCEDURAL SUMMARY February 1, 2005 Date of application for 20-1ot The Greens preliminary plat March 28, 2005 Date application determined complete June 11, 2005 Environmentaldetenrrrinationissued August 16,2005 Hearing Examiner Public Hearing (pursuant to FWCC Section 22-126, the Hearing Examiner issues a recommendation to the City Council.) August 30, 2005 Hearing Examiner issued recommendation of conditional approval of preliminary plat to the City Council September 19,2005 City Council Land Use and Transportation Committee meeting (This connnittee forwards a recommendation to the full Council for a decision at a public meeting [see Section VII, 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 provisions of the FWCC, including those adopted by reference from the comprehensive plan; 3. Consistency with the public health, safety, and welfare; Land Use and Transportation Committee 05. I 00447.00-8U I Doc.l.D.33160 The Greens Preliminary Plat Page 3 .. 4. Consistency with the design criteria listed in Section 20-2; and 5. Consistency with the development standards listed in Sections 20-151 through 157, 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 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 contained in the Examiner's record), and the Examiner's written report. The City Council may receive new information not in the record pursuant to FWCC Section20-127(b). A draft resolution approving the proposed preliminary plat as recommended by the Hearing Examiner is attached. After consideration of the record, the City Council may, by action approved by a majority of the total membership, take one of the following actions, pursuant to FWCC Section 20-127: 1. Adopt the recommendation; or 2. Rejectthereconunendation;or 3. Remand the preliminary plat back to the Hearing Examiner, pursuant to FWCC Section 20- 127(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). VITI. PROPOSED MOTION I move that the Land Use and Transportation Committee forward to the City Council, and place on the October 4, 2005, City Council consent agenda, a recommendation approving The Greens Preliminary Plat Resolution. EXlDBITS A. Hearing Examiner Report and Recommendation, August 3D, 2005 B. Staff Report to Hearing Examiner, August 8, 2005 * C. City Council Draft Resolution for The Greens Preliminary Plat Approval *NOTE: A fUll copy of the Staff Report to the Hearing Examiner. with exhibits. is available in the City Council Room. Land Use and Transportation Committee 05-100447-00-SU / Doc. I 033160 The Greens Preliminary Plat Page 4 ~ CITY OF CITY HALL ........ ~ I:ed I W 33325 8th Avenue South · PO Box 9718 ,~~ rl era ay Federa.' Way, WA 98063-9718 _,,':d" (253) 835-7000 P 1 www.cityoffederalway.com age - !....-..--- . -- I -~- I'; j;L~1J~~_c>] j0 :.,;1 AUG 3 1 '1"05 i; 1:/ /. LU'. /,' I . .1-,_...". I [' L_ ,: L...../ ! -'.;;--.,';- -~:"c~ ~:-,-.-._.._- J J ------~i--:::~.~:_~i~::~_~._~__ August 30, 2005 Federal Way 356 LLC Kevin O'Brien 15 Lake Bellevue, Suite 102 Bellevue, WA 98005 RE: THE GREENS PRELlMINARYPLA T, FWHE #05-11 FW# 05~100447 SU Dear Applicant: Enclosed please find the Report and Decision of the City of Federal Way Hearing Examiner relating to the above-entitled case. SKC/ca cc: All parties of record City of Federal Way C!; ~~. EXHIBIT~ PAGE.L.OF --LL ,~ ~-~'~ft. --~- , -'-. 'I-'~ ." , .... _" ~ I' _":J :" ,_~ ':'.,." ~ v ~_' -" _.. ~"'~ ..-':?_._J~_-.c~; ._iL._..?...___ ! ....;.~ l , i) Page.. .. ., A'",-" i i i'. L.' L) .3 1 2n05 . i f l.J i ,/! ..::...,.,.,...,..' ! " , , . .) I CITY OF FEDERAL WAY "- I .. i OFFICE OF THE HEARING EXAMINER IN THE ", fER OF: ) ) FWHE# 05-11 ) FW# 05-100447 SU THE GF'l-:E.NS PRELIMINARY PLAT ) ) -,,-. "-'^ ".,,~,~- ) I. SUMMARY OF APPLICATION Ti:" "1pplicant is requesting preliminary plat approval of a 20-lot residential lot cluster ~;: . ~vision as provided for under Federal Way City Code (FWCC) Chapter 20, "SubdivI,',.'ns," and requiring approval pursuant to FWCC Section 20-110. II. PROCEDURAL INFORMATION Hearing Date: August 16, 2005 Decision Date: August 30, 2005 At the he"Hing the following presented testimony and evidence: 1. Jim Harris, Senior Planner, City of Federal Way 2. Phil Kitzes, ESM Consulting Engineers, 33915 1 st Way South, Ste. 200, Federal Way, WA 98003 3. Craig Sears, Federal Way 356th LLC, 15 Lake Bellevue Drive, Ste. 102, Bellevue, WA 98005 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments 2. Power Point Presentation of preliminary plat 3. Clearing and Grading Exhibit wit~ colored photos (listed as 3A, 3B, 3C, and 3D) 4. Comments - Sahalee Firs 5. Comments - Lakota Crest Of (.~ (~IBIT PAGE--LOF Page - 3 III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, 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 rectangular, unimproved, 6.91 acre parcel of property located at the southeast corner of the intersection of SW 356lh St. and 18lh Avenue SW within the City of Federal Way. The parcel abuts SW 356th St. for 431 feet and abuts 18th Avenue SW for 698 feet. The 'applicant requests approval of a clustered preliminary plat to allow subdivision of the site into 20 single family residential lots and six tracts. 5. The preliminary plat map shows most lots clustered in the western and northwestern portion of the site and access provided either directly onto 18th Avenue SW or onto a new, internal, plat road extending west therefrom and terminating in a cul-de-sac. A private access extends north from the internal plat road to provide access to four lots. A 28,060 square foot storm drainage facility is shown in the northeast portion of the parcel. Tract A, a 95,863 square foot conservation native growth protection tract, consisting of wetlands and buffers is located in the eastern and southeastern portions of the plat. A 30,486 square foot, regularly shaped, Tract B, designated for usable open space, separates the lots from Tract A. The preliminary plat proposes a minimum lot size of 5,000 square feet, a maximum lot size of 7,400 square feet, and an average lot size of 5,750 square feet. 6. The parcel and all abutting parcels are located within the Single Family High Density designation of the City of Federal Way Comprehensive Plan, and the site itself is located within the Single Family Residential (RS) 9.6 zone classification. Parcels to the north across SW 356lh S1. are located within the RS 7.2 zone classification as are parcels to the east which include Armstrong Park and the Bonneville Power Administration (BPA) right-of-way. Parcels abutting the south property line and to the west across 18lh Avenue SW are located in the RS 9.6 zone classification. EXHIBIT A PAGE ~ OF -"- Page - 4 7. Vegetation on the heavily wooded site consists primarily of second "growth forest with an understory of native shrubs. Douglas fir trees grow in the northern portion of the site and Red Alder trees the southern portion. A report entitled "Evaluation of Trees" submitted by Gilles Consulting (Exhibit "7") identified a total of 173 significant trees on site. The applicant will retain the 39 significant trees located in the wetland and wetland buffer which calculates to approximately 22% of the total significant trees on site. The applicant must provide a tree clearing and landscape plan which meets the requirements of Section 20-158 FWCC. A Category 1 wetland extends onto the southeast corner of the site, and in accordance with FWCC Section 22-1357, the applicant has provided a 200 foot wide, wetland buffer which extends across much of the southern portion of the site. The applicant will provide fencing and signing along the buffer edge. While development of the site will impact animal habitat no, endangered or threatened animal species inhabit the site, and the site is not mapped as a priority habitat and species area. Furthermore, the applicant will maintain approximately 42% of the site in open space, and the wetland and buffer tract will maintain the most important habitat areas on the parcel. 8. Section 20-153 FWCC requires that the number of lots created in a cluster subdivision does not exceed the number of lots permitted in a conventional subdivision on an unencumbered site. The total lot area reduced by the required open space area and street area, then divided by the minimum lot size authorizes a maximum of 20 lots. Lot sizes in a cluster subdivision may equal a minimum of one-half the size of the underlying zoning requirement, but in no case smaller than 5,000 square feet. The applicant has provided a minimum 5,000 square foot lot size. Furthermore, Section 20-154(a)(3) FWCC requires that lots in a cluster subdivision abutting an established single family neighborhood must equal 90% of either the neighboring lot size or the underlying zoning minimum lot size. All plat lots abut either SW 356lh St. or 18th Avenue SW with the exception of lot 20 which abuts the south property line and two lots within the plat of Hamstead Green Division 1. The average size of the two lots measures 5,941 square feet and lot 20 measures 6,253 square feet which more than meets the minimum lot size requirement. 9. The project satisfies the approval criteria for a clustered plat as set forth in Sections 20-154(c) and 20-1640 FWCC. The project proposes Jot sizes and configurations similar to those in the area and maintains slgnificant open space and vegetation. The future homes must meet architectural design standards, and the clustered development which should result in owner occupancy. The A EXHIBIT PAGE~OF ~ Page - 5 applicant proposes a single family subdivision as opposed to duplexes, townhomes, or zero lot line developments. All lots have a rectangular shape which will allow structures to meet required building setbacks and still provide a reasonably sized, building envelope. 10. The project complies with the open space requirements of Section 20-154(e) FWCC which requires a clustered subdivision to provide 15% of usable, on-site, open space except that 5% can serve as a buffer. The applicant proposes 30,486 square feet of usable open space which exceeds the minimum requirement of 30,100 square feet. Residents will have easy access to Tract B from the internal plat road, and Tract B can provide active recreational opportunities to include a path, lawn, picnic table and seating beach. No improvements will occur in Tract A. 11. Section 20-178 FWCC requires a ten foot wide, Type 3 landscape buffer along the north property line adjacent to SW 356th St., an arterial road. The preliminary plat map shows a ten foot wide, landscape buffer and the City must approve the final plan. The map also shows a five foot wide landscape tract separating the internal cul-de-sac road and the stormwater drainage tract. 12. The applicant will construct all street improvements and dedicate all streets with the exception of the private access tract to the City following completion of construction subject to the City's modifications set forth in Exhibits "10" and "11". Transportation Engineering NW submitted a Traffic Impact Analysis (TIA) evaluating the impacts of plat traffic on City streets and intersections. The City's traffic engineer reviewed the TIA and concluded that no off-site improvements were necessary, but that the applicant would dedicate six feet of right-of-way along SW 356lh 8t. Improvements to 18th Avenue SW along the plat frontage north of the new internal plat road shall include construction to City Street Section "S". Such will require a total of 36 feet of paved road, vertical curb and gutter, four foot planter, five foot wide sidewalk, three foot wide utility strip, street trees, and streetlights. The channelization of 18th Avenue at the 356th St. intersection will include a left turn lane and combined through/right-turn lane. 13. South of the new internal plat road improvements to 18th Avenue SW will include a taper of the new 36 foot wide section and additional improvements of a rolled curb and gutter,four foot planter strip, five foot wide sidewalk, street trees, and three foot wide utility strip. These improvements will transition to existing improvements at the southern property line. The applicant will improve the internal cul-de-sac road to the local street standard which requires a 52 foot wide EXHIBIT ~ PAGE ~ OF-4- Page - 6 right-at-way, 28 foot wide paved roadway, vertical curb and gutter, four toot wide planter strips, street trees, and five foot wide sidewalks on both sides. The cul- de-sac will provide a 90 foot diameter turnaround, vertical curb and gutter, five foot wide sidewalk, and three foot wide utility strip within a 106 foot diameter right-at-way. It the applicant installs a 26 foot diameter, center landscape island within the cul-de-sac, future abutting lot owners will provide maintenance. The Tract D private access extending north from the internal plat road will meet City private access standards to include a 38 foot wide width with 24 foot wide paved roadway, vertical curb and gutter, five foot wide sidewalks, and two toot wide utility strips. The length shall not exceed 150 feet and owners of lots using the private access will have responsibility for its maintenance. As off-site traffic mitigation, the applicant will contribute its prorata share of $60,700 toward to a City Transportation Improvement Program for SW 356th St. between 1st Avenue SW and SR 99. 14. Enterprise Elementary, lIIahee Junior High, and Todd Beamer High School will serve school aged children residing in the plat. The Federal Way School District will provide bus transportation from the site to all three schools due to their location more than one mile from the site. The applicant submitted a school access analysis which shows a safe pedestrian path to school bus stops for each of the three schools. The applicant must comply with the City's School Impact Fee Ordinance and make a per lot payment to the Federal Way School District to offset the impacts on the district of school aged children in the plat. Compliance with the installation of sidewalks and impact fee ordinance will ensure that the plat makes appropriate provision for schools and school grounds and safe walking conditions. 15. As previously found, the applicant proposes a 30,486 square foot Tract B which will provide active recreational opportunities. The site also has convenient access to the City's Armstrong Park and the BPA trail. 16. The Lakehaven Utility District will provide both potable water and fire flow to the site and sanitary sewer service to each lot. The plat makes appropriate provision for potable water supplies, fire protection, and sanitary waste. 17. The plat map shows a storm drainage facility in the northeast corner of the site, and the applicant will design storm drainage facilities in accordance with the applicable 1998 King County Surfacewater Design Manual and the City's amendments thereto. The storm system proposes to collect and convey water through a series of pipes and catch basins into the storm drainage facility which EXHIBIT A PAGE--"--OF ---"- Page ;, 'li' provide detention and water quality treatment. The detention will meet Level :.), !>)\~/ control requirements and basic water quality protection. The plat makes 1"(:;priate provision for drainage ways. 18. ~o obtaining preliminary plat approval the applicant must show that the f:i!'>pcsal satisfies the criteria set forth in Section 20-126(c) FWCC. Findings on e;en criteria are hereby made as follows: A The project is consistent with the City of Federal Way Comprehensive Plan which has designated the parcel for high density, single family development. The cluster plat will allow the development of the site consistent with the densities contemplated in said designation. S. The project complies with all applicable provisions of the FWCC including those adopted by reference from the comprehensive plan. Such includes FWCC Chapter 18 Environmental Policy, Chapter 20 Subdivision, Chapter 22 Zoning, and all other applicable codes and regulations. C. Assuming compliance with conditions of approval the project is consistent with the public health, safety, and welfare. D. The project satisfies all design criteria set forth in Section 20-2 FWCC. E. The project complies with all development standards set forth in Sections 20-151 through 157, and 20-158 through 187 FWCC. 19. The applicant has requested approval of mass grading of the portion of the site proposed for development. The applicant desires to grade all of the lots, the plat roads, and the storm drainage tract at one time to allow balancing of material throughout the site. Lots 16 through 20 slope down to the east and the property also slopes down from both 356th St. and 18th Avenue. A depression in the northwest corner of the site needs filling, and the storm drainage tract needs excavation. The site plan is driven by the storm drainage requirements. If mass grading is not allowed, the applicant must remove 40,000 to 50,000 cubic yards of material, which at ten yards per truck, represents 4,000 to 5,000 truckloads of material. The applicant would then need to import the same amount of material upon completion of the plat, and such would result in another 4,000 to 5,000 truck trips. Mass grading would allow all of the material to stay on site and would require little, if any, importing or exporting. The applicant will maintain all of Tract A in an undisturbed condition and will preserve many trees in Tract S. Thus, 42% . EXHIBIT ~ PAGE--1-0F . Page - 8 of the site will remain either unaffected or only slightly affected by the grading. 20. The City has recommended a condition of approval which implements City policy and the requirements of Section 20-179 FWCC which reads: 20-179 Retention of Vegetation. (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. A preliminary clearing and grading plan shall be submitted as part of preliminary plat application. (b) Existing mature vegetation shall be retained to the maximum extent possible. Preservation of significant trees pursuant to FWCC 20-1568 shall apply solely to the development of each single-family lot at the time a building permit is applied for. City staff has imposed a condition prohibiting mass grading to ensure compliance with Section 20-179(b) which provides that mature vegetation be retained to the maximum extent possible. However, in the present case the clustered subdivision will eventually require removal of all vegetation in the area proposeq for development. In addition, the applicant will be retaining approximately 42% of the site in open space, and the mass grading will create significantly less impacts on the neighborhood based upon the large number of truck trips required to haul material onto and fromthe site. Therefore, the Examiner has eliminated proposed Condition No. 7 and replaced it with a condition authorizing mass grading. 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 applicant has established that the proposed preliminary plat is consistent with the Single Family High Density designation of the City of Federal Way Comprehensive Plan and meets all bulk regulations for a clustered subdivision located in the RS 9.6 zone classification. EXHIBIT I' PAGE -LOF --I)... Page - 9 3. The applicant has shown that the proposed preliminary plat makes appropriate provision for the public health, safety, and welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, public rights-of-way, potable water supplies, sanitary waste, transit stops, fire protection, schools and school grounds, and safe walking conditions. 4. The proposed preliminary plat complies with all rules and regulations of the City, will serve the public use and interest, and therefore should be approved subject to the following conditions: 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Final storm drainage ~ngineering plans shall comply with the following: A. Drainage plans and analysis shall comply with the 1998 KCSWDM and amendments adopted by the City of Federal Way. City of Federal Way approval of the drainage and roadway plans is required prior to any construction. B. On~site stormwater quality treatment shall be provided using the basic water quality menu options of the 1998 KCSWDM as amended by the City of Federal Way. C. On-site stormwater runoff control (detention) shall be provided in accordance with Chapter 5 of the 1998 KCSWDM. The detention facility must be designed to meet the Level 3 Flow Control requirements of the KCSWDM. Final review of the stormwater quality and detention facilities will occur in conjunction with full engineering review. 2. The applicant is required to construct an off-site stormwater conveyance system within the southerly right-of-way of SW 356th Street, in order to convey stormwater flows from the detention and water quality facilities to the existing public drainage system. 3. The final plat drawing shall establish Tract A in an open space tract to be owned in common and maintained by property owners of the proposed subdivision. The final plat note shall include provisions, prohibiting removal EXHIBIT A PAGE-4-0F --'*- . . Page - 10 or disturbance of vegetation and landscaping within the regulated wetlands and buffers in Tract A, except as necessary for maintenance or replacement of existing plantings and as approved by the City. A note shall be included on the final plat map that the open space tract shall not be developed with any buildings, and may not be used for financial gain. 4. The final plat drawing shall establish Tract 8 in a usable open space tract to be owned in common and maintained by property owners of the proposed subdivision. A note shall be included on the final plat map that the open space tract shall not be developed with any buildings, and may not be used for financial gain. 5. Prior to issuance of construction permits, a final landscape plan, prepared by a licensed landscape architect, shall be submitted to the City for approval, and shall include the following elements: A. Open space landscaping in Tract 8; B. Street trees in right-of-way landscape planter strips; C. Type III landscaping in Tract E; D. Significant tree preservation plan; and E. Tract F landscaping, screening the storm drainage pond from adjacent right-of-way with landscaping and/or fencing. Cyclone fencing, if used, shall be coated black or green, and shall be screened by vegetation. 6. The proposed subdivision shall comply with the Public Works Development Standards, including the following requirements: A. Six feet of right-of-way shall be dedicated along the SW 356th Street property frontage. B. The cul-de-sac shall be constructed to City Street standards, which include a 90-foot diameter turnaround, vertical curb and gutter, five- foot sidewalk, and three-foot utility strip, within a 106-foot diameter right-of-way and an optional center island. The owners of lots 7 thru 12 shall have primary maintenance responsibility, with oversight by the homeowners' association, for the center landscape island if constructed. 7. The applicant may mass grade the site. EXHIBIT A PAGE--1lLOF -12- Page - II RECOMMENDA TION: It is hereby recommended to the Federal Way City Council that the proposed preliminary plat of The Greens be approved subject to the conditions contained in the conclusions above. DATED THIS 30th DAY OF S N K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED THIS 30th DAY OF August, 2005, to the following: Agent: ESM Consulting Engineers Phil Kitzes 33915 1st Way South, Suite 200 Federal Way, WA 98003 Engineer: ESM Consulting Engineers Michael Bowen 33915 1st Way South, Suite 200 Federal Way, WA 98003 Owner: Federal Way 356 LLC Kevin O'Brien 15 Lake BeHevue, Suite 102 Bellevue, WA 98005 Others: Craig Sears Federal Way 356th LLC 15 Lake Bellevue Drive, Suite 102 Bellevue, WA 98005 City of Federal Way c/o Chris Green P.O. Box 9718 Federal Way, WA 98063-9718 EXHIBIT A PAGE--'LOF -IL . . Ii;' 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) The change will not have the effect of increasing the residential density of the plat; (b) The change will not result in the relocation of any access point to an exterior street from the plat; (c) The change will not result in any loss of open space or buffering provided in the plat; and (d) The city determines that the change will not increase any adverse impacts or undesirable effects of the project and that the change does not significantly alter the project. EXHIBIT-L PAGE--&2.-0F -Q- ~ OTY ()F_~" Federal Way COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER PRELIMINARY PLAT OF THE GREENS Federal Way File No. 05-100447 SU PUBLIC HEARING - AUGUST 16,2005 FEDERAL WAY CITY HALL CITY COUNCIL CHAMBERS 33325 8th AVENUE SOUTH Table of Contents I. General Information........................... ..................................... ......................... ........ ............1 II. Consulted Departments Agencies, and Public .............. .......................................................2 ill. State EnvironmentaI Policy Act .... ......................... .................. .... .... ... ......... .................. ......2 IV. Natural Environment..................... ... ............................ .................................................. .... ..3 V. Neighborhood Characteristics.................................................................... .............. ....... .....4 VI. General Design.......................... ......... ............. .......... ......... ... ... ................................. ...........4 VII. Transportation...... .............................................................................. ................. .......... .......6 VIII. Public Services.......... ...... ...... ................ .............. ........................ ............. .-................... .... .... 7 IX. Utilities................. ..................... .......................... .............. ......... ........................................ ..8 X. Analysis of Decisional Criteria......... ............. .................. ...... ................... ................. ..........9 XI. Findings of Fact and Conclusions..... ....... ..... .................................... .................................1 0 XII. Recommendation ............................................... ....... ........................................................ .13 Xill. List of Exhibits. .... ...... ............................... .... ................................................................... ..15 Report Prepared bY:~ Jim Harris, Senior Planner , August 8, 2005 EXHIBIT _ (j PAGE--'-OF -2-'- File No: 05-100447-00-SU Agent: ESM Consulting Engineers Phil Kitzes 33915 1st Way South, Suite 200 Federal Way, W A 98003 Phone: 253-838-6113 Engineer: ESM Consulting Engineers Michael Bowen 33915 1st Way South, Suite 200 Federal Way, W A 98003 Phone: 253-838-6113 Owner: Federal Way 356 LLC Kevin O'Brien 15 Lake Bellevue, Suite 102 Bellevue, W A 98005 Phone: 425-869-1300 Action Requested: Preliminary plat approval of a 20-10t residential lot cluster subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," and requiring approval pursuant to FWCC Section 20-110. Staff Representative: Jim Harris, Senior Planner, 253-835-2641 Staff Recommendation: Preliminary Plat Approval with Conditions I GENERAL INFORMATION A. Description of the Proposal- The applicant proposes to subdivide a vacant 6.9 I-acre lot into 20 residential single-family lots in a cluster subdivision, with each lot having a minimum of 5,000 square feet of lot area. Since the proposal is for a cluster subdivision, pursuant to FWCC Section 20-154, the minimum lot size may be up to one half the size of the underlying zoning requirement, but no smaller than 5,000 square feet. The preliminary plat map, revised June 2, 2005 by ESM, along with preliminary grading and utility plan by ESM; street tree plan by ESM; and preliminary landscape plan by ESM, are enclosed (Exhibit I). B. Location - The site is located in the southern portion of the City, at the southeast quadrant of the intersection of SW 356th Street and 18th Avenue SW. (Exhibit 1). C. Parcel No. - 252103-9003. The legal description of the site is on the plat map. D. Size of Property - The subject site has a land area of approximately 6.91 acres. f1 EXHIBIT PAGE~ OF :a~ E. Land Use and Zoning- Direction Zoning Comprehensive Plan Existing Land Use Site RS-9.61 SF - High Density Vacant North RS-7.2 SF - High Density SW 3561h Street and SFR2 South RS~9.6 SF - High Density SFR East RS-7.2 SF - High Density Bonneville Power Corridor and Armstrong Park West RS-9.6 SF - High Density 18th Avenue SW and SFR F. Background - The Greens Preliminary Plat was submitted to the City on February I, 2005 (Exhibit 2). The application was determined complete on March 28,2005. II CONSULTED DEPARTMENTS, AGENCIES AND PUBLIC The following departments, agencies, and individuals were advised of this application. A. Community Development Review Committee (CORe), consisting of the Federal Way Community Development Services Planning and Building Divisions; Public Works Engineering and Traffic Divisions; Parks, Recreation, and Cultural Resources Department; Department of Public Safety (police); Federal Way Fire Department; Lakehaven Utility District; and Federal Way Public Schools. CDRC comments have been incorporated into this report where applicable. B. All property owners and occupants within 300 feet of the site were mailed notices of the complete preliminary plat application. The site was also posted and notice published in the newspaper and on the City's official notice boards. No public comments on the Notice of Application were submitted to the City. C. In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18, "Environmental Protection," all property owners within 300 feet of the site, 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 and on the City's official notice boards. m STATE ENVIRONMENTAL POLICY ACT A Mitigated Environmental Determination of Nonsignificance (MDNS) was issued by the City of Federal Way for the proposed action on June 11,2005 (Exhibit 3). This determination was based on review of information in the project file, including the environmental checklist (Exhibit 4), and staff evaluation of the environmental checklist for The Greens (Exhibit 5), 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. No comments or appeals on the SEPA decision were submitted to the City. IRS-9.6 = single-family residential, 9,600 SF minimum lot size. EXHIBIT (J 2SFR = single-family residential. PAGE-1.-0F ~ . Staff Report to the Hearing Examiner Page 2 The Greens Preliminary Plat 05~ 100447-00-SU I Do< 10 32505 IV NATURAL ENVIRONMENT A. Soils - The 1973 King County soils survey map lists the soils type as Alderwood Gravelly Sandy Loam (AgC). Alderwood soils are characterized as capable for urban development; runoff is slow to medium and erosion hazard is moderate. Typical soils excavation will occur with the street construction, at the site of the proposed on-site stormwater detention and water quality treatment facility, and for utility installation. In addition, in a letter dated April 25, 2005, the applicant has proposed to clear and grade all of the future lots and the usable open space area at the time of construction of the plat infrastructure (Exhibit 6). The preliminary clearing and grading plan depicts clearing limits which results in grading the whole site, except for the area in the wetland and wetland buffer. B. Topography - The site is relatively flat with very minor grade changes on the site. There is a short but steep drop off from 181h Avenue SW into the site. The site does not have any steep slopes or any other geologically hazardous areas. C. Vegetation - The site is heavily wooded and consists primarily of second growth forest with a mixture of conifer and broadleaf trees, with an under story of native shrubs. Douglas fir trees dominate the northern portion of the site, and red alder trees dominate the southern portion of the site. A report titled Evaluation of Trees, dated January 28, 2004, by Gilles Consulting (Exhibit 7) was submitted with the application. The Gilles report includes a detailed evaluation of significant and nonsignificant trees on the site. In summary, the Gilles report identifies a total 0073 significant trees on the site. Approximately 39 of the significant trees on the site are contained in the wetland and wetland buffer area and will be retained. Therefore, the applicant is proposing to retain approximately 22 percent of the total significant trees on the site. City policy and FWCC Section 20-179 state that existing mature vegetation shall be retained to the maximum extent possible. Approval of the preliminary plat is subject to submittal and approval ofa tree clearing plan and landscape plan pursuant to FWCC Section 20-158. Significant trees retained on individual lots would be regulated under FWCC Section 22-1568, "Significant Trees," at the time of individual home construction. D. Wetlands - A category one wetland extends onto the southeast comer of the subject property. The wetland extends off-site, and the wetland buffer extends along most of the east side of the site. A category one wetland has a buffer width of 200 feet per FWCC Section 22-1357. The wetland delineation and classification is discussed in detail in a December 2, 2004 memorandum, from Sheldon and Associates (Exhibit 8). No temporary or permanent intrusions into the regulated wetland or 200-foot wetland buffers are proposed. Therefore, the proposal results in no direct wetland or wetland buffer impacts. As proposed, all regulated on-site wetlands and on-site buffers will be preserved and not disturbed. A condition of the SEPA decision requires the developer to provide fencing and signing along the full extent of the on-site wetland buffer edge. EXHIBIT ~ Staff Report to the Hearing Examiner DoclDJ2~ The Greens Preliminary Plat -.------ E. Wildlife and Habitat - The site provides habitat for mammals, amphibians, rodents, as well as songbirds and insects. Some of these animals will be eliminated or displaced by the proposaL There are no known endangered or threatened animal species known to inhabit the site and the site is not mapped as a priority habitat and species area. Approximately three acres of the site (43 percent) is proposed as open space. The three acres of open space will be both active recreation area and natural open space, and will continue to provide some habitat opportunity. The primary mitigation of wildlife impacts is through minimization of impact by preserving approximately 43 percent of the site as open space. V NEIGHBORHOOD CHARACTERISTICS A. Vicinity - The property is situated in the southern portion of the City, in a single-family residential area. The site is vacant undeveloped property. Areas to the north, west, and south ate developed with single-family residential subdivisions. To the east is City-owned property developed with the Bonneville Power Lines, Tacoma's Second Supply Waterline, and the City's Armstrong Park and BP A multi-modal traiL VI GENERAL DESIGN A. Density - Pursuant to FWCCC Section 20-153, the total number oflots created in a cluster subdivision cannot exceed the number of lots that would be permitted in a conventional subdivision on a site of the same total area, after reservation of the required open space. The total number of lots permitted is calculated by subtracting the required open space of 15 percent, and subtracting 20 percent for streets from the gross land available, then dividing by the minimwn lot size of the underlying zoning district. Therefore, the maximum number of lots that could be created on the subject 6.9 I-acre parcel is 20 lots, based on the calculation below. Total Lot Area 300,999 sq.ft (6.91 ac) Minus 15% open space 45,150 sq.ft. Minus 20% for streets 60.200 SQ.ft., 195,649 sq.ft. divided by 9,600 = 20 lots maximum B. Lot Size - The proposed lots range in size from 5,000 to 7,400 square feet. Pursuant to FWCC Section 20-154, lots created in a cluster subdivision may be up to one-half the size of the underlying zoning requirement, but in no case smaller than 5,000 square feet. Pursuant to FWCC Section 20-154(a)(3), lots in the proposed cluster subdivision that are immediately adjacent to an established single-family neighborhood shall be no smaller than the neighboring lot size, or the underlying zoning minimum lot size minus 10 percent, whichever is smaller. Therefore, proposed lot number 20 must be a minimum size of 5,941, which is the average size of the two abutting lots (lot 20 and 21) in the Plat of Hampstead Green Division I. All other lots in The Greens plat must be a minimum size of 5,000 square feet, as none of the lots I - 19 abut or are immediately adjacent to an established single-family use or zoned neighborhood, The lot sizes proposed comply with the minimum lot size standards for a cluster plat. C. Cluster Plat Approval Criteria - The Greens cluster plat is subject to the approval criteria contained in FWCC Section 20-154(c) and FWCC Section 22-1640, The Plat~A'mrr--" Staff Report to the Hearing Examiner PAGE5'pug~40F -n.. The Greens Preliminary Plat 05-100447-00-$U / f)oc ID J2505 the approval criteria by providing a single-family cluster plat compatible with surrounding areas and providing extensive on-site open space. Review of future single-family home construction permits in The Greens site are subject to minimum architectural design standards regarding garage facades and front entry design. In addition, the preliminary plat as proposed generally fulfills FWCC Section 22-1640 standards, which intends each dwelling unit for owner occupancy. The proposed Greens cluster plat meets the intent of this section by focusing solely on the development of single-family residential structures as opposed to other types of development allowed under the cluster subdivision, such as duplexes, townhomes, or zero lot line development In addition, the applicant has stated in a June 27, 2005, letter from Phil Kitzes ESM (Exhibit 9) that the future residences will be designed in a manner (i.e., size, style, etc.) that will be compatible with the neighboring properties. D. Lot Layout - Most of the proposed lots are of rectangular shape and gain access from 18th A venue Southwest or the new internal plat roadway, and four lots gain access from a private access roadway. Preliminary building setback lines (BSBL) ate depicted on the preliminary plat map, and each lot contains an adequate building area. E. 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. However, in accordance with FWCC Section 20- 154(e), a cluster subdivision must provide all required open space (15 percent) on-site, and it must all be usable, except up to five percent can be buffer. Proposed Tract B is a usable open space tract containing approximately 30,486 square feet (.7 acres). The size of Tract B exceeds the minimum requirement of30, 100 square feet (10 percent of the 300,999 square-foot parcel). Access to the Tract B uSable open space is centrally located within The Greens plat and is accessible through a 50-foot wide area from the proposed cul-de- sac street. Tract B is contained within one contiguous area and provides for active recreation opportunities. Tract B is relatively flat topographically. The applicant has proposed to develop Tract B with an asphalt path, lawn, landscaping, picnic table, and seating bench. The future homeowners' association shall own Tract B. Final verification of compliance with the minimum usable open space area requirements will occur in conjunction with review ofthe fmal plat Proposed Tract A is an approximately 95,863 square-foot tract (2.2 acres) that contains a portion of a category one regulated wetland and a portion of the regulated wetland buffer. No intrusions or improvements are proposed within Tract A. Tract A shall be owned by the future homeowners' association. F. Subdivision Access and Roadway System - Access to the site will be provided from 18th Avenue SW and a new cul-de-sac roadway extending to the east from 18th Avenue SW. Section VII of this report provides a detailed description of the proposed roadway system and improvements. G. Pedestrian System - Sidewalks will be provided along all street frontages, intEXflIBIT-'-- roadways, and the private roadway serving four lots. PAGE--1.-0F -:l*- Staff Report to the Hearing Examiner Page 5 The Greens Preliminary Plat 05-100447-00-SU I DoclDJ2505 H. Landscape Buffers - In accordance with FWCC Chapter 20, "Subdivisions," landscape buffers are specified only when the plat is adjacent to an incompatible zoning district or when adjacent to an arterial street. Therefore, pursuant to FWCC Section 20-178, a 10-foot wide Type III buffer is required along the north property line adjacent to SW 356th Street, which is an arterial roadway. The preliminary plat depicts a 1O-foot wide landscape buffer Tract E adjacent to SW 356th Street in accordance with FWCC. Final review of the landscape plan will occur in conjunction with review of the civil engineering plans for the plat construction. A five-foot wide landscape buffer is also required and proposed between the cul-de-sac and the stormwatcr drainage tract in accordance with the King County Surface Water Design Manual, as amended, and the FWCC. Street trees, when mature, open space vegetation, and screening of the storm drainage tract and buffering along SW 356lb Street will contribute to visual buffering of the site. Street tree requirements are described in Section VII-A of this report. vn TRANSPORTATION A. Street Improvements - Access to the site will be provided via direct access from 18th Avenue SW, construction of an internal plat cul-de-sac roadway approximately 250 feet south of SW 356th Street, and one private access tract extended northerly from the cul-de-sac roadway. In accordance with the FWCC, all street improvements must be dedicated as City right-of-way (except the private access tract) and improved to full street standards, ex.cept as modified in the City's Right-of-Way Modification response letter, dated March 10, 2005 (Exhibit 10), and follow-up letter from Kevin Peterson, Engineering Plans Reviewer, dated August 1,2005 (Exhibit II). A January 2005 Traffic hnpact Study by Transportation Engineering Northwest (Exhibit 12) was submitted for the project. The City's Traffic Engineer has reviewed the project and concluded that the proposed street layout of The Greens subdivision is consistent with the adopted codes and comprehensive plan in place at the time of the complete application. No improvements to SW 356lb Street are required; however, six feet of right-of-way shall be dedicated along the SW 356th Street frontage. The applicant is required to improve 18th Avenue SW along the frontage of the project with the following: North of the new internal plat roadway, construct to City Street Section 'S', to provide a total of 36 feet of paved roadway, vertical curb and gutter, four-foot planter, five-foot wide sidewalk, three-foot utility strip, and install street trees and streetlights. Channelization at SW 356th Street shall be provided to create a left-turn lane onto SW 356th Street, and a combined thru~ and right turn lane. South of the new internal plat roadway, taper the paved section from the above described 36-[00t paved section to the existing pavement width. The pavement taper shall be constructed at a 25: 1 ratio, beginning atthe south curb return of the new plat roadway. Additional improvements include replacement of the rolled curb with vertical curb and gutter, four-foot planter strip, five-foot sidewalk with street trees, and three-foot utility strip. These roadway improvements will then transition to the existing improvements at EXHIBIT , Staff Report to the Hearing Examiner ~ OF-2L The Greens Preliminary Plat 05-100447-00-SU / OodD31505 the southerly end of the project. Sufficient right-of-way shall be dedicated to install the above-described improvements. Internal plat streets shall be improved as local streets, which include 52-foot wide right-of-way, 28-foot paved roadway, vertical curb and gutter, four-foot planter strips with street trees, and five-foot wide sidewalks on both sides of the street. The cul-de-sac shall be constructed to City Street standards, which include a 90-foot diameter turnaround, with an optional 26-foot diameter center landscape island, vertical curb and gutter, five-foot sidewalk, and three-foot u~lity strip, within a lO6-foot diameter right-of-way. The future lot owners, adjacent to the cul-de-sac, shall have maintenance responsibility for the center landscape island. Tract D shall be improved to the City private access tract standard and shall be limited to serving a maximum of four lots. The lots that abut this tract for access shall have undivided ownership of the tract and be responsible for its maintenance. The maintenance agreement for the private access tracts shall be included on the plat and the language approved by the City. Improvements shall include a 38-foot tract width, with 24-foot paved roadway, vertical curb and gutter, five- foot wide sidewalks and two-foot utility strips. Tract length shall be limited to a maximum of 150 feet from face of curb to end of the tract. Pursuant to Public Works Department review, all streets shall have a minimum pavement section of three inches Class B asphalt over seven inches of crushed surfacing. Street lighting is required on all streets pursuant to FWCC Section 22-1522, in order to provide sufficient illumination to meet City Standards. For the purposes of preliminary plat review, the Public Works Department and Federal Way Fire Department have approved preliminary roadway improvements and curve radius as discussed above. B. Off-Site Traffic Mitigation - This proposal has been reviewed under the State Environmental Policy Act (SEP A). Pursuant to SEP A condition number two, in order to mitigate for potential adverse transportation impacts resulting from the construction of the project, the applicant must construct the impacted Transportation hnprovement Plan (TIP) project before final plat approval. In lieu of constructing this TIP project before fmal plat approval, the applicant may voluntarily offer to pay a pro-rata share contribution of $60,700.00 towards the impacted TIP project based on the calculation in the MONS. vm PUBLIC SERVICES A Schools - As part of the City's initial review of the proposal, the preliminary plat application was referred to the Federal Way School District for comments. The District has identified that students from the subdivision will be in the following service areas: Enterprise Elementary, Illahee Junior High, and Todd Beamer High. Bus transportation will be provided from the site to all of the three schools, as all of the schools are located farther than one mEXH~BiIT ~ Staff Report to the Hearing Examiner ~->>- The Greens Preliminary Plat 05-100447-00-SU / DodO 31505 The applicant provided an April 12, 2005, School Access Analysis (Exhibit 13). The school access analysis identifies a safe pedestrian path of travel via new or existing sidewalks will be provided to school bus stops for each of the three schools. School service areas are reviewed annually and may be adjusted to accommooate enrollment growth and new development. School impact fees, as authorized by City ordinance and collected at the time of building permit issuance, are currently $2,868.00 plus an administrative fee of$143.50 per single-family housing unit. School impact fees are determined on the basis of the district's Capital Facilities Plan and are subject to annual adjustment and update. D. Parks & Open Space- The Greens site is within approximately Y. mile by walking to the City's Armstrong Park, which is currently under construction. The site is adjacent to City Park property which contains the BP A Trail (multi-modal transportation and recreational). On-site parks and open space requirements are discussed in Section 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 fire flow standards for the proposed development. The Fire Department requires that a fire 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. IX UTILITIES A. Sewage Disposal- The applicant proposes to serve the subdivision with a public sewer system managed by Lakehaven Utility District. A November 29,2004, Certificate of Sewer Availability (Exhibit 14) indicates the district's capacity to serve the proposed development through a Developer Extension Agreement (DEA) between the applicant and the district. B. 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 29, 2004, Certificate of Water Availability (Exhibit IS) indicates Lakehaven's capacity to serve the proposed development through a DEA. C. Drainage Facilities ~ Development of the site will create additional runoff from 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 April 8, 2005, revised Preliminary Storm Water Technical Information Report (TIR, Exhibit 16) by ESM Consulting Engineers, LLC, was reviewed by the City's Public Works Deparbnent. The preliminary design proposes to collect and convey water through a series of pipes and catch basins into a combined storm drainage detention and water quality treatment pond, located near the northeast portion (adjacent to SW 356" Street) of The Greens site. The stonnwater flow ~ control (detention) facility shall be designed to meet Level 3 Flow Control req1:XArthT PAGE40F ~ Staff Report to the Hearing Examiner Page 8 The Greens Preliminary Plat 05~IOO447-00-SU I 00<1032505 1998 KCSWDM. The water quality treatment facility shall be designed to meet the Basic Water Quality Protection requirements of the 1998 KCSWDM. Final review of the water quality and detention facilities will occur in conjunction with full engineering review of the roadway and drainage plans. X ANAL VSIS OF DECISIONAL CRITERIA The FWCC establishes review procedures and decisional criteria for deciding upon various types of land use applications. Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-110, preliminary plat applications are submitted to the Hearing Examiner for public hearing. The preliminary plat application and the recommendation of the Hearing Examiner is submitted to the City Council for approval or disapproval. Hearing Examiner Preliminary Plat Decisional Criteria - Pursuant to FWCC Section 20-126(c), the Hearing Examiner may recommend 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 lot cluster plat, with 5,000 square-foot minimum lot size is consistent with density allowances and policies applicable to this land use as established in the FWCP. 2. The project is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan. Staff Comment: The preliminary plat application is required to comply with the provisions of the FWCC Chapter 18, "Environmental Policy"; 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 all applicable development codes and regulations. As proposed, and with conditions as recommended 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 permit development of the site consistent with the current Single Family - High Density land use classification of the FWCP and map. Proposed access and fire hydrant locations must meet all requirements of the Federal Way Fire Department. Future development of the plat 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 staffEXH I B IT ~ Staff Report to the Hearing Examiner ~OF~ The Greens Preliminary Plat 05~100447-00-SU / 0001032505 including effective use of land, promotion of safe and convenient travel on streets, provision for the housing needs of the community, protection of environmentally sensitive areas, and preservation of approximately 43 percent of the site for permanent open space. As proposed, and with conditions as recommended 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- 158 through 187. StajfComment: Development of this site is required to comply with the provisions of FWCC Chapter 18, "Environmental Protection"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning"; and all other applicable local and state development codes and regulations. As proposed, and as recommended by City staff, the preliminary plat application complies with all applicable statutes, codes, and regulations. 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: 1. The proposed action is to subdivide a vacant 6.9 I-acre parcel into 20 single-family lots, in a cluster lot configuration. All adjacent land uses are single-family residential. There is a Class I wetland on the southeast comer of the site, and abutting the east side of the site. 2. The preliminary plat application is subject to the 2003 FWCP, and the codes and regulations in effect at the time the application was deemed complete, which was March 28, 2005. 3. The subject property is designated Single Family - High Density in the 2003 FWCP. 4. An Environmental Mitigated Detennination ofNonsignificance (MDNS) was issued for this proposed action on June 11,2005. No appeals of the SEPA decision were submitted to the City. 5. Pursuant to FWCC Section 20-154, the lot size in a cluster subdivision may be reduced up to Y:z the minimum lot size of the underlying zoning designation, but in no case smaller than 5,000 square feet. Pursuant to FWCC Section 20-154(a)(3), lots in the proposed cluster subdivision that are immediately adjacent to an established single-family neighborhood shall be no smaller than the neighboring lot size, or the underlying zoning minimum lot size minus 10 percent, whichever is smaller. Therefore, proposed lot number 20 must be a minimum size of 5,941, which is the average size of the two abutting lots (lot 20 and 21) in the Plat of Hampstead Green Division I. All other lots in The Greens plat must be a minimum size of 5,000 square feet, as none of the lots 1 -19 abut or are immediately adjacent to an established single-family use or zoned neighborhood. The proposed lot sizes proposed comply with the minimum lot size standards for a cluster plat. 6. Pursuant to FWCC Section 20-153, on this 6.91-acre parcel, the maximum number oflots allowed is 20. The maximum number oflots allowed is calculated by subtracting 15 percent of ---'-- the gross land area for open space and subtracting 20 percent for streets, and dil!)tl1i B IT PAGE ., OF .-1L Staff Report to the Hearing Examiner Page 10 The Greens Preliminary Plat 05-100447-oo-SU I DocID32505 ------- remaining area by the underlying zoning lot size. The 20 proposed lots comply with applicable density requirements. 7. 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 preliminary plat map. 8. The cluster plat regulations are intended to promote open space and protect natural features. The proposed plat results in preservation of approximately 43 percent of the site (3 acres) in open space with approximately. 7 acres (30,486 square feet) of usable open space. 9. In accordance with FWCC Section 20-1 54(e), a cluster subdivision must provide all required open space (15 percent) on site, and at least 10 percent of the open space must be usable. The total minimum open space required is 1.03 acres (45,150 square feet), and at least .69 acres (30,100 square feet) of the open space must be usable. The preliminary plat as proposed complies with the Open space requirement by providing approximately 43 percent of the site (3 acres) as open space. Of the total three acres of open space, approximately .7 acres (30,486 square feet) is usable and exceeds the 10 percent minimum requirement. Proposed Tract B is a usable open space tract containing approximately 30,486 square feet (.7 acres). The size of Tract B exceeds the minimum requirement of 30, 100 square feet (10 percent of the 300,999 square-foot parcel). Access to the usable portion of Tract B is centrally located within The Greens plat and is accessible through a 50-foot wide area from the proposed cul-de- sac street. Tract B is contained within one contiguous area and provides for active recreation opportunities. The applicant has proposed to develop Tract B with an asphalt path, lawn, landscaping, picnic table, and a seating bench. The future homeowners' association shall own Tract B. Final verification of compliance with the minimum usable open space area requirements will occur in conjunction with review of the fmal plat. Proposed Tract A is an approximately 95,863 square-foot tract (2.2 acres) that contains a portion of a category one regulated wetland and a portion of the regulated wetland buffer. No intrusions or improvements are proposed within Tract A. Tract A shall be owned by the future homeowners' association. To ensure the continued nature of the open spaces, a note shall be included on the fmal plat that the open space Tracts A and B shall not be developed with any buildings, and may not be used for financial gain. 10. The subject property is heavily wooded with primarily second growth forest. A significant tree evaluation of the site was submitted with the application. The significant tree evaluation identifies that the retention of the significant trees in the wetland and wetland buffer area will result in retention of 39 significant trees. Following preliminary plat approval, and through the approval of civil engineering plans, the applicant will need to demonstrate that at least 25 percent of the significant trees on the site are retained or replaced in accordance with FWCC standards_ Trees that are locale<! within areas of future right-of-way and utilities are nut subjeet ~ . to the 25 percent retention and replacement standard. EXH I B IT . . ~OF ~~ Staff Report to the Hearing Examiner Page II The Greens Preliminary Plat 05-IOO447-00-SU I DocID3~50S City policy and FWCC Section 20-179 state that existing mature vegetation shall be retained to the maximum extent possible. Approval of the preliminary plat is subject to submittal and approval ofa tree clearing plan and landscape plan pursuant to FWCC Section 20-158. The preliminary clearing and grading plan which identifies clearing and grading all the lots in conjunction with construction of the plat infrastructure does not comply with the FWCC requirement requiring that existing vegetation shall be retained to the maximum extent possible. Significant trees retained on individual lots are regulated under FWCC Section 22-1568, "Significant Trees," at the time of individual home construction. II. Prior to issuance of construction pennits, the applicant is required to submit a final landscape plan addressing open space landscaping in Tract B, arterial street buffering in Tract E, drainage tract buffering in Tract F, significant tree preservation and replacement, and street trees. 12. A category one wetland extends onto the southeast comer of the subject property. The wetland extends off-site, adjacent to the east side of the site, and the wetland buffer extends along most of the east side of the site. A category one wetland has a buffer width of 200 feet, per FWCC Section 22-1357. No temporary or permanent intrusions into the regulated wetlands or 200-foot wetland buffers are proposed. Therefore, the proposal results in no direct wetland or wetland buffer impacts. As proposed, all regulated on-site wetlands and on-site buffers will be preserved and not disturbed. A condition of the SEP A decision requires the developer to provide fencing and signing along the full extent of the on-site wetland buffer edge. 13. Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the 1998 KCSWDM and the City's amendments to the manual. The applicant's revised April 8, 2005, preliminary stormwater Technical fuformation Report (TIR, Exhibit 16) by ESM Consulting Engineers, LLC was reviewed and accepted by the City's Public Works Department for the purposes of preliminary plat review. Final review and approval of the storm drainage facilities as shown on the engineering plan will occur in conjunction with full drainage review. 14. A January 2005 Traffic Impact Study (TIA) by Transportation Engineering Northwest was submitted for the project. Access to the site will be provided via direct access from 18th Avenue SW, construction of an internal plat cul-de-sac roadway approximately 250 feet south ofSW 356th Street, and one private access tract extended northerly from the cul-de-sac roadway. In accordance with the FWCC, all street improvements must be dedicated as City right-of-way (except the private access tract) and improved to full street standards, except as modified in the City's Right-of-Way Modification response letter, dated March 10, 2005 (Exhibit 10), and follow-up letter from Kevin Peterson, Engineering Plans Reviewer, dated August 1,2005 (Exhibit II). E).{HIBIT J PAGE-l3-0F ..:22- Staff Report to the Hearing Examiner Page 12 The Greens Preliminary Plat 05-IOO447-00-SU I Doc 1032505 The City's Public Works Department has reviewed the project and concluded that with recommended conditions, the proposed street layout of The Greens subdivision is consistent with the adopted codes and comprehensive plan in place at the time of the complete application. 15. The applicant provided a school access analysis in conjunction with the application. Elementary, middle, and high school students from the development will receive bus transportation to and from schools. The school access analysis identifies a safe pedestrian path of travel via new or existing sidewalks will be provided to school bus stops for each of the three schools. 16. Water and sewer facilities are available from 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 from the utility provider. 17. The proposed preliminary plat is permitted by FWCC Chapter 20, "Subdivisions," and Chapter 22, "Zoning." 18. 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. 19. Prior to final plat approval and recording, all required and approved improvements will be constructed, or the improvements appropriately bonded, per City code requirements. XIIREcOMMENDA TION Based on review of this application, environmental record, and pertinent decisional criteria, the Deparbnent of Community Development Services recommends approval of the preliminary plat subject to the following conditions: 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Final storm drainage engineering plans shall comply with the following: A. Drainage plans and analysis shall comply with the 1998 KCSWDM and amendments adopted by the City of Federal Way. City of Federal Way approval of the drainage and roadway plans is required. prior to any construction. B. On-site stormwater quality treatment shall be provided using the basic water quality menu options of the 1998 KCSWDM as amended by the City of Federal Way. e. On-site stonnwater runoff control (detention) shall be provided in accordance with Chapter 5 of the 1998 KCSWDM. The detention facility must be designed to meet the Level 3 Flow Control requirements of the KCSWDM. Final review of the stormwater quality and detention facilities will occur in conjunction with full engineering review. EXHIBIT --L-. Staff Report to the Hearing Examiner PAGE&-OF J.2 The Greens Preliminary Plat 05-100447-00-SU / [)odD32505 2. The applicant is required to construct an off-site stormwater conveyance system within the southerly right-of-way of SW 3561h Street, in order to convey stormwater flows from the detention and water quality facilities to the existing public drainage system. 3. The final plat drawing shall establish Tract A in an open space tract to be owned in common and maintained by property owners of the proposed subdivision. The fmal plat note shall include provisions, prohibiting removal or disturbance of vegetation and landscaping within the regulated wetlands and buffers in Tract A, except as necessary for maintenance or replacement of existing plantings and as approved by the City. A note shall be included on the final plat map that the open space tract shall not be developed with any buildings, and may not be used for financial gain. 4. The final plat drawing shall establish Tract B in a usable open space tract to be owned in common and maintained by property owners of the proposed subdivision. A note shall be included on the final plat map that the open space tract shall not be developed with any buildings, and may not be used for financial gain. 5. Prior to issuance of construction permits, a fmallandscape plan, prepared by a licensed landscape architect, shall be submitted to the City for approval, and shall include the following elements: A. Open space landscaping in Tract B; B. Street trees in right-of-way landscape planter strips; C. Type ill landscaping in Tract E; D. Significant tree preservation plan; and E. Tract F landscaping, screening the storm drainage pond from adjacent right-of-way with landscaping and/or fencing. Cyclone fencing, if used, shall be coated black or green, and shall be screened by vegetation. 6. The proposed subdivision shall comply with the Public Works Development Standards, including the following requirements: A. Six feet of right-of-way shall be dedicated along the SW 3561h Street property frontage. B. The cul-de-sac shall be constructed to City Street standards, which include a 90-foot diameter turnaround, vertical curb and .gutter, five-foot sidewalk, and three-foot utility strip, within a 106-foot diameter right-of-way and an optional center island. The owners oflots 7 thru 12 shall have primary maintenance responsibility, with oversight by the homeowners' association, for the center landscape island if constructed. 7. In order to retain existing vegetation to the maximum extent possible, the clearing limits for the plat infrastructure construction shall be revised to allow for clearing the following areas: right- of-way improvements, storm drainage and utility improvements, and the usable open space area. Clearing of the 20 future lot areas is not pennitted in conjunction with plat infrastructure construction. 8 EXHIBIT Staff Report to the Hearing Examiner ~F.LL The Greens Preliminary Plat OS-l00447-00-SU I Doc ID3250S ----------- XIII LIST OF EXHIBITS L The Greens Preliminary Plat revised 6/2/05, Preliminary Grading and Utility Plan revised 6/2/05, Existing Conditions Survey revised 6/2/05, Street Tree Plan revised 3/29/05, Preliminary Landscape plan sheets LA-O I and 02 3/29/05, all by ESM Consulting Engineers LLC 2. Master Land Use Application 3. SEP A MDNS for The Greens Preliminary Plat 4. SEP A Checklist for The Greens Preliminary Plat 5. Final Staff Evaluation for The Greens Preliminary Plat SEPA Checklist 6. Letter from Phil Kitzes, ESM, dated April 25, 2005 7. Evaluation of Trees by Gilles Consulting, dated January 28,2004 8. Verification of Wetlands memorandum from Sheldon and Associates, dated December 2,2004 9. Letter from Phil Kitzes, ESM, dated June 27, 2005 10. Right-of-Way Modification response letter from Ken Miller, City of Federal Way, dated March 10,2005 II. Letter from Kevin Peterson, City of Federal Way, dated August 1,2005 12. Traffic Impact Study by Transportation Engineering Northwest, dated January 2005 13. School Access Analysis by ESM, dated April 12, 2005 14. Lakehaven Utility District Letter of Sewer Availability, dated November 29,2004 15. Lakehaven Utility District Letter of Water Availability, dated November 29,2004 16. Preliminary Storm Water Technical Information Report by ESM Consulting Engineers LLC, dated revised April 8, 2005 Note: Copies of exhibits are not attached to all copies of this report. All exhibits have been provided to the Hearing Examiner. TRANSMIlTED TO lHE PARTIES LISTED HEREAFTER: Federal Way Hearing Examiner Applicant Agent Phil Kitzes ESM Consulting Engineers LLC E){HIBIT 8 PAGE~OF n. 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'.::1.:..;.-;:.L.' a;; DRAFT RESOLUTION NO. 9~;t/o 5 fJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASHlNGTON, APPROVING WITH CONDITIONS THE GREENS PRELIMINARY PLAT, FEDERAL WAY FILE NO. 05-100447-00 SUo WHEREAS, the owner, Federal Way 356 LLC, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as The Greens and consisting of 6.91 acres into twenty(20) single-family residential lots iocated at the southeast quadrant of the intersection of SW 356th Street and 18th Avenue SW; and WHEREAS, on June 11, 2005, an Environmental Mitigated Determination ofNonsignificance (MONS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEP A), Chapter 43.21 C; RCW,and WHEREAS, the Federal Way Land Use Hearing Examiner on August 16,2005, held a public hearing concerning The Greens preliminary plat; and WHEREAS, following the conclusion of said hearing, on August 30, 2005, the Federal Way Land Use Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of The Greens 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 September 19, 2005, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on The Greens preliminary plat, pursuant to Cha~ter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to fotward a recommendation for approval of the proposed The Greens preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and WHEREAS, on October 4,2005, the City Council considered the record and the Hearing Examiner EXHIBIT , Res. # , Page 1 PAGE-LOF ~ reconunendation on The Greens preliminary plat, pursuant to Chapter 20 ofF ederal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. Now THEREFORE, THE CITY COUNCIL OF THE CnY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOL VB AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1.- The fmdings of fact and conclusions of the Land Use Hearing Examiner's August 30,2005 Report and Reconunendation, 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 fmding 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 reconunendation, 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 planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the reconunendation of the Federal Way Land Use . Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, The Greens preliminary plat, Federal Way File No. 05-100447-00 SU, is hereby approved, subject to conditions as contained in the August 30,2005, Report and Reconunendation of the Federal Way Land Use Hearing Examiner (Exhibit A). Section 3. Conditions of Approval Intel!I'al. 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 EXHIBIT L Res. # , Page 2 PAGE-1-0F -!I- the platting or subdivision of the subject property. Should any court havingjurisdictlon 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 Way 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. REsOLVED BY 1HE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS_DAY OF .,2005 CITY OF FEDERAL WAY MAYOR, DEAN MCCOLGAN ATIEST: CITY CLERK, JASON SUZAKA, INTERIM CITY CLERK EXHIBIT C- Res. # . Page 3 PAGE 3 OF~ APPROVED As To FORM: CITY A TIORNEY, PATRICIA A. RICHARDSON FILED Wrrn THE CITY CLERK: PASSED By THE CITY COUNciL: RESOLUTION No. EXHIBIT -L-- Res. # . Page 4 PAGEJl-OF ~ MEETING DATE: October 4, 2005 ITEM# ..............................-....... .. .....""""" ............................. ........~ """',,,,,,,,,.."'''',,,,....,,'''.., ...... .......... .................,.,..."..,...".....,....."..'...... CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Proposed Resolution Establishing the City Hall Facility Use Policy """....,'""",..,."...",.".., ".,......".....,..-..-....--........-....... . "."''''''.'''.''..'....,.,......"..,..,..._........._...._._......____..__._ m.................... ...... . ... .... .... ............ ......mmm............ .-.....---....-..- mm.mmm... ................................. .................................._......._....._..._.__...... CATEGORY: BUDGET IMP ACT: D CONSENT D ORDINANCE Amount Budgeted: $0.00 0 RESOLUTION D PUBLIC HEARING Expenditure Amt.: $ D CITY COUNCIL BUSINESS D OTHER Contingency Req' d: $ ",,,,,,,. "'''''''''''''''''"...'''''"...~'''..._.._._...._..- ... .. '..""n""""""......."'.."",,...~.....~~~. .,.,._ ............... . . ....... .. ... .................................~.."....,..........- ...........--.., ...-............................. ......... ..... ... .... ............ ..........,.,....""..."""'."'~.,.,,~,,.. ATT ACHMENTS: Memorandum dated September 27,2005, to the Finance, Economic Development and Regional Affairs Committee; Proposed Resolution. .. ..............................-......-......- ...........-......-........--........... . .............................."..,.-...-..-.--....--.--.---....-.--- .................. ...... . ...............................-...-....--...---...-.-............- ............... ............. .................................- .............-..-............-..--..... SUMMARYIBACKGROUND: The City Manager's Office and other staff often receive requests to use City Hall facilities, especially meeting rooms, from non-City persons and groups. Up until now, decisions on whether to let outside groups use the facilities have been made on a case-by-case basis. In the interest of efficiency and fairness, City staffproposes a uniform City Hall Facility Use Policy that staff may apply to every request so that decisions on facility use are made from an objective list. CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the proposed Resolution. . .,..,",....,"",.,"""""'~"'."_.,..."."',,.,,-,_....._....-....-....... . . ...............................,........,,,..................,,........."',,,.,,,,,,".,~.."..,.._....... ... ....,"'""""'",,,..,,......,,.........,,,,......... """"""....""',, .. ...................................._......_......~.... PROPOSED MOTION: "I move approval of the Resolution Establishing the City Hall Facility Use Policy." ... ... .... ........................,....."",,,..,,,,,,,,,,..............n..""""'."'"..~._........._....... --~ . --------~ -- ._-~ CITY MANAGER APPRO V AL: \ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # ---"-...-. D DENIED 1ST reading .~_.~~.- 0 TABLEDillEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # - .._~ RESOLUTION # -.-..---- K:\AGNDITEM\2005\ mtg room resolulion05~councilagendabill.doc --.... '--. "~~,~ -~,~. ..-..--.-...-- CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT ..'.-.. ~-~._~- ._..~~.,,~ DATE: September 27,2005 TO: Finance, Economic Dcvelopme~er:;al Affairs Committee VIA: David Moseley, City Manager FROM: Patricia A. Richardson, City Attorney ~ ~~ SUBJECT: Proposed Resolution!? Establish the City Ha!l.Facility Use Policy Po licy Question Should the City Council approve a Resolution to Establish the City Hall Facility Use Policy? Background The City Manager's Office and other staff often receive requests to use City Hall facilities, especially meeting rooms, from non-City persons and groups. Up tmtil now, decisions on whether to lct outside groups use the facilities have been made on a case-by-case basis. In the interest of efficiency and fairness, City staff proposes a uniform City Hall Facility Use Policy that staff may apply to every request so that decisions on facility use are made from an objective list. Options 1. Forward the proposed Resolution to the full City Council at the October 4, 2005, City Council Meeting with a recommendation of approval. 2. Modify the proposed Resolution and forward to the full City Council at the October 4,2005, City Council Meeting with a recommendation of approval as modified. 3. Reject the proposed Resolution and return to staff with recommendations. Staff recommendation Forward the proposed Resolution to the full City Council on October 4,2005, City Council Meeting with a recommendation of approval. (Option 1) Committee recommendation Forward Option \ to the full City Council for first reading at the October 4, 2005, City Counci I meeting. II '~"':~' ,: "- :~,:,::\,:;(#\:':::' iX)i&Wl:k;ilClyV\\V ii.iiIX, . "=n ~... V-I K:\agnditcm\fcdrac\ Mtg Room Rcsolulion.2005.doc D- 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, EST ABLISHING THE CITY HALL FACILITY USE POLICY WHEREAS, the City of Federal Way ("City") owns and operates City Hall which houses a number of meeting rooms that can and are used to hold meetings and other special events; and WHEREAS, the City frequently receives requests from non-City entities to use those facilities; and WHEREAS, the City allows use of its facilities by non-City entities; and WHEREAS, City business is a priority, coordination of facility use is important to balance facility usc for City business and non-City use; and WHEREAS, use of the City's facilities would work most effectively and fairly by establishing uniform procedures for application and authorization oftheir use; NOW, THEREFORE, THE CITY OF FEDERAL WAY, WASHINGTON HEREBY RESOLVES AS FOLLOWS; Section 1. Policies for Public Use of the City Hall Facility. The City Council hereby adopts the Meeting Room Reservation Policies, attached hereto as Exhibit A, establishing and outlining the procedures and authorization for use of the City Hall Facility; and Section 2. Authorization to hnplement Policics. City staff are hereby authorized to take all steps necessary to successfully implement and enforce the Meeting Room Reservation Policies. Res. # , Page 1 . ----..-...- Section 3. 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 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this _ day of October, 2005. CITY OF FEDERAL WAY -- MA YOR, DEAN MCCOLGAN ATTEST: JASON SUZAKA, fNTERIM CITY CLERK APPROVED AS TO FORM: PATRICIA A RICHARDSON, CITY ATTORNEY FILED WITH TH c CITY CLERK: --- PASSED BY THE CITY COUNCIL: RESOLUTION NO.: K:\RESO\Meeling Ronnh Res. # , Page 2 EXHIBIT A City of Federal Way City Hall Facility Meeting Room Use and Reservation Policies Purpose Statement: Use of City Hall Meeting Rooms 1. The City Council has the responsibility and authority to determine use of City Hall by non-City persons and organizations. The term "facilities" shall be defined as any part of City Hall, including the Patrick Maher Room, but excluding the Public Safety Department, Law Department and Municipal Court areas. 2. The City Manager or his/her designee has full authority to adopt and implement the following procedures and rules. 3. Use of City Hall facilities is limited to other government officials or agencies, persons or organizations with a contractual relationship to the City, or organizations in which a City Councilmember or City employee is a member for professional development or other city related purposes. 4. The facilities may not be used for activities involving fund raising, advertising, promoting or selling of merchandise or services, for profit or not for profit. 5. Use of facilities by persons or organizations for election or campaign purposes or purposes contrary to federal, state or city law is not allowed. 6. No admission fees or tuition may be charged to those in attendance. 7. Reservations are for one-time occasions only and cannot be used for ongoing activities or events unless authorized on the application form. 8. Room reservations shall be made by contacting the City Clerk (253-835- 2540). The Clerk shall be responsible for scheduling the City Hall facilities and assigning a staff contact. 9. An Applicationfor Use of City Facilities, accompanied by a room deposit and rental fee, if any, must be completed, submitted and approved prior to the intended facility use. The Application must include the name of, and be signed by, the individual assuming responsibility for sponsorship, supervision City Hall Facility Meeting Room Use and Reservation Policies and security of the facility. In the event that the room is unavailable for the date(s) requested, the rental fee and deposit shall be promptly refunded. 10. The person or organization using City facilities shall be responsible for any damage to any furniture, equipment or the premises during the event. II. Unless waived, groups using the City's facilities are required to have proof of bodily injury and property damage liability insurance in the minimum amount of $1 ,000,000, each occurrence. Greater liability coverage may be required, depending upon the activity. 12. All groups using the City facilities must agree to hold the City of Federal Way harmless from any and all claims by any person arising from use of the facility. 13. Prior to approval, applicants must state that the applying organization does not discriminate on the basis of race, creed, color, national origin, sex, age, religion, disability, marital or veteran status or any other basis that is protected under local, state or federal law. 14. Authorized use shall be limited to those facilities specified in the Application. 15. Fees and deposits, if any, will be set by the City Council in the City's annual fee schedule. 16. Any person or organization using City Hall facilities will be assigned a City staff contact who will be responsible for coordinating with the appropriate Parks staff for security purposes of opening and closing the building, meeting rooms, programming the HV AC (Heating, Ventilation and Air Conditioning) system, etc. 17. The City Manager or his/her designee has full authority to cancel scheduled reservations at any time, if a need arises for use of the facility by the City Council, City Commission or City staff. 18. Each room has an inventoried set of tables and chairs available for use. The requestor is responsible for arranging tables and chairs for their specific purpose, and for returning tables and chairs to their original configuration. Equipment beyond tables and chairs cannot be made available. Use of the City's technical equipment is prohibited unless authorized on the application form by the Information Services Department. 19. Whenever necessary, proper police and fire protection must be provided. Members of tile Fire Prevention Bureau may conduct a safety tour with the group leader prior to use ofthe facility. Open flames, such as lighted candles, are not allowed without prior permission from the Federal Way Fire Page 2 of3 City Hall Facility Meeting Room Use and Reservation Policies Department. Emergency exits must be pointed out at the beginning of all meetings. 20. Smoking and alcoholic beverages are prohibited at all City Hall facilities. Only light refreshments are allowed. 21. Decorations or other special preparations that leave penn anent marks or otherwise cause damage may not be affixed to the walls. 22. Users are required to remove their excess materials, equipment, furnishings, and rubbish immediately following use of City facilities. K: Resolution\Meeting RoomEXHIBIT A.doc Page 3 of3 City of Federal Way Attn: City Clerk 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 (253) 835-2540 - Phone ,~ Federal Way APPLICATION FOR USE OF CITY FACILITIES Print or Type TODA Y'S DATE NAME OF ROOM ROOM/LOCATION DA TE(S) REQUESTED TIME REQUESTED TO TOTAL NUMBER OF HOURS (Include set-up, break-down, and clean-up time requested) ADDITIONAL INFORMA TION/DESCRIPTION APPLICANT/ORGANIZATION NON-PROFIT 10# NAME OF PERSON IN CHARGE PHONE (W) PHONE (H/C) E-MAIL ADDRESS FAX ADDRESS CITY ZIP TYPEOF ACTIVITY NUMBER OF PEOPLE EXPECTED REVISIONS AND CANCELLATIONS: Changes in reservation date must be made according to the Meeting Room Reservation Policies. Accommodations will be made whenever possible. INSURANCE CERTIFICATE INCLUDED (Naming City as additional insured) i Yes j No AGREEMENT: The applicant agrees that, during the use of City facilities, (Name of Organization) will not exclude anyone participation, deny anyone benefit, or otherwise subject anyone to discrimination because of the person's race, color, religion, national origin, age or handicap. The undersigned hereby makes application to the City of Federal Way for use of City facilities described above and certifies that the information given in the application is correct. The undersigned further states that he/she has the authority to make this application for the applicant and agrees that the applicant will observe the ruleslregulations-policies/procedures of the City of Federal Way. The applicant agrees to.exercise the utmost care in the use of the City facilities and hold the City of Federal Way harmless from all liability resulting from the use of the facilities. The applicant further agrees to reimburse the City of Federal Way for any damage arising from the applicant's use of the facilities. The applicant signing this agreement will be considered the responsible party in case of damage, theft, or disturbances during the rental period. APPLICANT TODAY'S DATE (Signature) - . ------_._~-,..,_.~.._~_..~,~--_.- CITY CLERK'S OFFICE TO COMPLETE REVERSE APPLICATION FOR USE OF CITY FACILITIES Page 2 of 2 .~'".._.'~~ .__~~_u__~ OFFICIAL USE ONL Y i Request Approved i Request Denied By: Date: Reason for Denial Insurance Certificate Received: Date Received: Insurance Requirement Waived: i Yes i No Reason Insurance Waived: K\RcsoluIIllll\Meeling Room Application MEETING DATE: October 41h, 2005 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Solid Waste & Recycling 2006-2007 Grant Approvals ....._.._m..... . ........"'."'''''''..''....".,....._...._......._m.... .....................................,."", ....................................................................- ...............................-... .. . ....................................................................................--......-.- ...............................-....... CATEGORY: BUDGET IMP ACT: 0 CONSENT 0 ORDINANCE Amount Budgeted: $ 0 RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: . $ ............-.....-......-....... . ... . ... ..................m.._.__.....__.._......_.~~.......",... """"'.""'...,.""".,..-.,.-...........-.----.---....-.......-...-..-- ...............-.-......... .................................................................................- ..................- .....................................-.- ATTACHMENTS: Memorandum to the Finance, Economic Development, & Regional Affairs Committee dated September 131\ 2005. ............".........,.....",... ....... .... ........ ..._._................._.....__..._...............y........"'..".."'.."'w,,_."'....__..._.._.._._...._.__...______........._.............~.............. """".......".."...,."".." ""......,.,.,.,.. ,.,.....,.",...,.""""""",....."............. .,.,..".,.,."..,.,..".......",..""...........,.",...",..,..,,..............,..",..""",....,..,..".....................,.."..,.......................... SUMMARYIBACKGROUND: Approximately $246,000 in grant funding is available in 2006 and 2007 to provide hazardous waste and solid waste reduction and recycling programs to area residents and businesses. Staff is preparing applications, scopes of work, and coordinating with grantor agencies to obtain these grant funds. For this two~year period, the Coordinated Prevention Grant (CPG) allocates $66,150 with a 25% match requirement. The Waste ReductionlRecycling (WRR) grant allocates $134,278, and the Local Hazardous Waste Management Program (LHWMP) Grant will provide approximately $46,100. Neither the WRR or LHWMP grants have match requirements, but they amply meet the CPG match requirement. The City Council is requested to approve receipt of this grant funding and implementation of the related projects. A draft resolution that includes a summary table showing grant funds, grant matches and anticipated 2006-2007 projects is attached for potential City Council action. ".""',,.. "".""".....,.,_" ,...,...._....._.._....__.._....._..._....._......._......_.................~"",..u...."'...,,"'""~.,..........._...._..--...-._--.---.....-......-...-.-..-.-.-.....-..--.-.--....~~......-........-.---..---.--.- .............-..........-...-- ...........-...--.........--.--.....- .................--..-....-....--.----..._.._.._ .....,..~....~...,," "."'.,.,.,.... CITY COUNCIL COMMITTEE RECOMMENDATION: At its September 13th, 2005 meeting, the Economic Development, & Regional Affairs Committee forwarded the following staff recommendations: 1. Provide approval of the targeted grants and proposed projects for 2006 and 2007 and the related resolution. PROPOSED MOTION: "I move to approve of the targeted grants and proposed projects for 2006 and 2007 and the related resolution." ~ ~~~pp~;::~~; n:J!!5 . - -- -..... -. . . - - .,"'.,..,..."."..".,.".,."...""'.."".."""",,,"'.......,,,,,,,.....,...."..,...... (BELOW TO BE CO PLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 T ABLED/DEFERREDINO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY MEMORANDUM Date: September 13,2005 To: Finance, Economic Developme~iOnal Affairs Connnittee Via: Davld H. Moseley, CIty Manag W From: Rob Van Orsow, Solid Waste/Recycling Manager, Public Works Dept.Gl.-J___J)......>---"" Subject: Solid Waste and Recycling 2006-2007 Grant Approvals BACKGROUND: Approximately $246,000 in grant funding is available in 2006 and 2007 to provide hazardous waste and solid waste reduction and recycling programs to area residents and businesses. Staff is preparing applications, scopes of work, and coordinating with grantor agencies to obtain these grant funds. For this two-year period, the Coordinated Prevention Grant (CPG) allocates $66,150 with a 25% match requirement. The Waste ReductionlRecycling (WRR) grant allocates $134,278, and the Local Hazardous Waste Management Program (LHWMP) Grant will provide approximately $46,100. Neither the WRR or LHWMP grants have match requirements, but they amply meet the CPG match requirement. The City Council is requested to approve receipt of this grant funding and implementation of the related projects. A draft resolution that includes a summary table showing grant funds, grant matches and anticipated 2006-2007 projects is attached for potential City Council action. The City of Federal Way has used grants for over ten years to support a range of waste reduction and recycling projects. The 2004-2005 grant cycle focused on the following eleven projects: . Improving recycling services at Multi-family residences (including upgraded informational signage and container labels, recycling containers, promotional flyers distributed to residents, translations, and coordination with property managers and the hauler). . Production and distribution of educational materials such as the annual "Recycling Options" flyer, which is distributed to single~family residents each fall. This flyer gives a range of recycling information and includes the winter yard debris collection schedule and the household hazardous "WasteMobile" schedule. In spring 2005, a newsletter titled "The Natural Garden" was also produced and distributed. It focused on promoting the availability of subsidized compost bins and providing information on non-toxic gardening practices. . Operating and promoting spring and fall Special Recycling Events, which averaged over 760 participants and recovery of70 tons of materials (ranging from motor oil to refrigerators) at each event. . Coordinated outreach with the Federal Way School District to improve and expand the District's recycling efforts, both in the classroom and throughout facilities. Signage, containers, program "kick-off' events, and custodial staff training has been provided to 23 schools, with 12 more schools targeted for the remainder of 2005. . Support of the regional Northwest Natural Yard Days spring and fall campaigns, promoting the sale of mulching mowers and non~toxic gardening products, and providing training to sales staff at participating retailers. . Funding staff costs associated with Suburban City representation on the Local Hazardous Waste Management Program's Household Hazardous Waste Education Sub-Committee. Rob Van Orsow has served as this representative since 2001. . Paint Waste Reduction via a product stewardship initiative coordinated with the DOE, local governments, and manufacturers. The initiative is designed to reduce the cost of latex paint disposal for local governments and to foster manufacturer and retailer involvement in developing alternative solutions for paint recycling and disposal. . Distribution of price-subsidized backyard compost bins through a web~based vendor. . Christmas tree collection from single-family residents. . Public area litter and recycling containers placed in the Downtown core and at various City facilities. . Outreach to area businesses offering assistance to implement or expand connnercial recycling efforts, including provision of interior recycling containers, signage, and staff training as needed. k:\fedc\2005\0')-13-05 2006~2007 swr grants memo.doc {3--1 For the 2006-2007 period, these same projects will continue or be expanded. Some of the projects, such as School Outreach, will enter 'maintenance mode', as school sites will be revisited and assistance will be provided to resolve ongoing issues. The following projects are also slated for grant fund support during 2006-2007. Please see the table in the attached draft resolution for information on which projects are funded by each grant or combination of grants. . Promoting the potential expansion of the yard debris collection program to include other compostable materials (for example, vegetable trimmings and cardboard pizza boxes). . Expanding Christmas tree recycling options for multi~family residents. . Promoting the potential conversion of the curbside recycling program from a 'two-stream' collection approach (with paper separated from empty containers), to a 'single-stream' approach (where all recyclables are combined). Other logistical changes for the 2006-2007 cycle include reduced funding for the Coordinated Prevention Grant, which resulted in a shortened application period to allow the DOE to compile potential projects that validate funding restoration. Normally, the City Council would be asked to provide a resolution in support of grant projects prior to submittal of the application. Unfortunately, this cycle's shortened application period did not allow enough time for the City Council to pre-approve this application. Therefore, in order to meet the deadline, the City Manager approved the application for this grant in late August. Should full CPG funding be restored by the Legislature, this will allow additional support of the Northwest Natural Yard Days campaign. In addition, Special Recycling Events have traditionally been partly funded by the WRR grant, however, at the Legislature's direction, the DOE now prefers projects with measurable outcomes. Special Recycling Events are ideal for this purpose. Grant funding will be apportioned annually, contingent upon the outcome of 2006 and 2007 budgeting processes by the three administrative agencies (the State Legislature for the CPG grant, King County Council for the WRR grant, and the King County Board of Health for the LHWMP grant). Pending City Council action, staff will continue to develop formal scopes of work and applications for these grants, and then finalize contracts with agencies. Options 1. Provide approval of the targeted grants and proposed projects for 2006 and 2007, and forward the related draft resolution to the City Council for action. 2. Provide suggestions for alternative projects for these grants, and direct staff to detennine project eligibility while continuing with the grant adoption process via the City Council to allow application deadlines to be met. 3. Do not approve of the proposed grant-funded projects for 2006 and 2007, and forego receipt of these grants and implementation of targeted projects. Recommendations The Connnittee is requested to review the 2006-2007 Solid Waste and Recycling Division grant process, and forward a resolution that approves the grant projects, accepts the funds, and authorizes the City to enter into related agreements with grant agencies and vendors, to the October 4, 2005 City Council consent agenda with a recommendation for approval. k:\fedc\2005\09-13-05 2006-2007 swr grants memo_doc 6-2.. ~- RESOLUTION NO. D~AFT ~',;).7 /of- (jJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING ACCEPTANCE OF MONIES AND DIRECTING EXECUTION OF AGREEMENTS TO ACCEPT FUNDS FROM VARIOUS STATE AND COUNTY SOURCES FOR ESTABLISHING PROJECTS WITHIN THE SOLID WASTE AND RECYCLING FUND. WHEREAS, cities are charged with providing and maintaining public projects necessary to maintain and improve the public health, safety and welfare; and WHEREAS, the financial resources of cities to provide these necessary service and improvements are limited; and WHEREAS, various state and county sources have special funds available to supplement city projects, which are awarded 0,0 a population allocation and project specific basis; and WHEREAS, the City staff has pursued obtaining these funds in order to maximize the local public benefits of these funds; and WHEREAS, the grants identified herein will net the City of Federal Way a total of Two- Hundred Forty~six Thousand Five Hundred Twenty-Eight and No/lOO Dollars ($246,528) during 2006 and 2007; and WHEREAS, the City commits to accountability by measuring and quantifying the results of the funded programs; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL W A YHEREBY RESOLVES AS FOLLOWS: Section 1. Agreements Authorized. For all projects identified in Column I of Exhibit A, attached hereto and incorporated herein by this reference, the City Manager or his designated representative is authorized and directed to develop scopes of work and execute such agreements with the agencies identified in Column 2 of Exhibit A as are necessary to accept the grant monies identified in Column 3 of Exhibit A. Res. #_, Page 1 Section 2. Receipt of Funds Authorized. The City Manager or his or her designee is hereby authorized to receive the grant monies identified in Colunm 3 of Exhibit A attached hereto. Section 3. Creation of Solid Waste Proiect Grant Funds Authorized. At the time of execution of each agreement and acceptance of the grant funds specific to that agreement, separate projects shall be established within the Solid Waste and Recycling Fund, into which monies specific to that grant project shall be deposited. Section 4. Manager Shall Administer Funds. The City Manager or his or her designated representative shall have responsibility for the administration of the grant monies received, and award of grant projects to qualified vendors and contractors. Section 5. Identification of Source Funds. The approximate amounts and anticipated sources of revenue for the grant fund projects are identified in Exhibit A attached hereto. Section 6. 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 7. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Res. # _, Page 2 Section 8. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of ,2005. CITY OF FEDERAL WAY MAYOR, DEAN McCOLGAN ATTEST: JASON SUZAKA, INTERIM CITY CLERK, APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Revised: 1/9/04 K\FEDC\2005\SWR 2006-7 GRANT RESOLUTION.doc Res. #_, Page 3 ~lt"l Sf"- Sf"- Sf"- ~ ~ 100 100 100 0--- 0--- 0--- -......,.......4 -.......... ~ __..........,.......4 r_1 ;:l ..... C"l ...... C"l ...... C"l _........ 0--- O-~ 0--- t....... 0 -..N -..N -..N ~U 'I"""'1......-l ~.,.......oI 1""""l........ 000 Q 0 0 0 .,.., EA EA = ~"<1" O~ U....5 ~ ~P5 EA <010 ~~u t....... ~ * r"~C"l 0 00 * 00 Z ~.,.., ~ 0 N ~ ........ N 0 "l 4" ... ,....... \.D rJ'J. 0 ,.a \D ;- \D~;- ~O \D M _ E-l ri'l ~ U EA .-. "N ZZ i0oi< EA EA EA O~ ~O ~ ~~ 4-< 'tl ~ < ;;... .Ji, 0._ C1) E-- ~ ......... ~ - 0 :g SOl}O ~ ~ r~ U N g C/) 5 0 C1).5 ~ < ...., ...... 8 ~ >,'_ 'tl ~~ ;-l :;;;.. 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M l:U i=: "0 <E ~ ........uo .Q,l!l a ~ u a 0' ~ gf:E t::;.9 ~ 5 Z ,;::: [i>- ":i:.=>- M ~ ~ t::l 'P.;g :a < ~&~ ~~~~ ~5~ :f ~~ ~" ~ l:U0i=:.8 Ii::;:::g~ "'~~ ~ Sp... m ~ lo". ." - u ." ~ ...- ~ ~ '-8 z .~ ;::: Z .3 .8..tl ~.9 ~ '" i=: ::;s~ ~ ~ " 0 ..... ..... ... u 0 ..... '" ..... 0 ." ":i~t> .....z="'"5 p::u lo,,:='z= ;:. l<l ~ -uo ~ .:g ~ ~ ~ '3 ~ ~ .g ~,~ ~:5 ~ ~ t::l..<::1 l:U =..<::1 0 ....... 0 <1) t::l...... .... '" .Ii:: bf) t:: ~ UO t:: '.;:j .~ u 'z= ~ .,... M;Q 1:l >>~ "':=0 OuO<1)u<1) ~:=......+" =... "l::i ." Z l:U Z;:l _;:l..... - ." - " <8 '" lo" U ~ '2 t::; gp ~ "d.8"O 13 ~ 1::1 U ~ 0 '" 8 Q >>_ 0 t::l :.= - 0 o:l U ~ :> u >>0 ;::: ..... ',' Q ~ ~ '.;:j ::: <.) ~ ~ ..... 0 0 ;:> Q ~ ~.o 1;;g u ~ 0 ~ ;;:;;: G 0 ~ ~ t; ..... u ~ ~ ." ~ .... B "- _ 'h'fi 0 t-.. <1).5b '" @' rn ~ -;::: t-.. _ Ci p.. bf):g ~ ~ ~ ~....... ~._ d.) 0 <:::> ." <1) ~ <:::> ~ 3:> ~ ~ '" <:::> ." E u '" ~J <:::> ~ ~ .... <:::> "d ..... ;:> 0 '" '" Q <:::> ~';:j.-E Il..l ~ ~ 0. t:: bf) ~ [; t:: t: U .~ '" _ ~ P.. p... (<:I ~"' '00005 \d....ooo:=~o '000 p.. .., ~ !:l g; ~ <:::> 0 g; g; s gsl) -;;; 0 ~ !:l ~ 1::: *:.i <:::>0;:l8 <:::>.i;:!;:::l;:::l~",,;:::l{; <:::>0(<:113 "'l ~ 00 <i::: "'l .....:l r.n 00 ...... 0 o:l 00 "'l ~ .....:l (/) MEETING DATE: October 4, 2005 ITEM# ...........................-....... . .....................................-.-....... CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Lakehaven Utility District Interlocal Agreement; Preliminary Engineering Services ...........-.........." ..... .............._._...._m.... . .. ..............................-....... . .... ......................"".....""',..,,.. ............._..._.__._m.... ... .." ,..",a",,,,,,,,..,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, "p.""", CATEGORY: BUDGET IMPACT: IS] CONSENT D ORDINANCE Amount Budgeted: $ D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $ D CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $ ......._......""...."'..""'''''''.,."..,__......_.___........_....._........ ..., . """.."''''''''.,............,._.......__.._ ..._....._......_...._... ., ".""'''.'''''''."..,_......._......_.._..._._.........._.m..~..',",',"~'''''''''~' ,.""....................,..,..,,,,,,,"'..,, "".,.,......___._.._ m...m.........mmmm.......m.m.~. ........................ ............,."...".,......"",'...",.... ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated September 19,2005. ''''.."'..""..'.''''""m.._____m._mm_.m_~.....,.......~"',..,,,............."....~...'"._m_...__._mm_.____mmmm.........".......,.."."".m.'_._._.__..__m.._mm._m_._.._~mm............"......."......,,,....".,,_.,,""~._..,.._.~._"..'mmm__.__._.___._.._m.___._.._....... .. .. ,...." """".."""""",mm "''''"".. """".".".""".,..,."'... ,'"m','"""","", SUMMARYIBACKGROUND: In an effort to minimize delays to the Capital Projects, the Lakehaven Utility District proposed an interlocal agreement to expedite the preliminary engineering assessment of the water and sewer facilities within the project limits. The Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for Preliminary Engineering Services for Water and Sewer Infrastructure Related to Transportation and Surface Water Management Project will be an avenue to reimburse the City for all costs incurred by the City in performing the preliminary engineering assessment. The preliminary engineering assessment of the water and sewer facilities will be incorporated in the Consultant Contract at the time of contract negotiation for the design of the Capital Projects. The negotiated costs for the preliminary engineering assessment will be presented to the Lakehaven Utility District for evaluation and approval. The term of this agreement will be January to December, and amended yearly. The Interlocal Agreement has a $50,000 limit per term and may be amended depending on the Capital Projects within the term. ____m_.~._m.._.~~....................,""",..""'....."...,,.".._..__m.__..__m_.._._m_.___._mmm...~....,......."."""",..,"""."',,....,,_m"._.._._mm.__._.._m_m...~._................,..,"',..,......"...'"""'.""""'''"''''''''''''.."..._..'.'''"''m___.__._._.__.____mm.._m._.._ m..............mmmmm_ mmm._..._....... .. ..... ........,... ..........................~.... CITY COUNCIL COMMITTEE RECOMMENDATION: At its September 19,2005 meeting, the Land Use and Transportation Committee forwarded the following staff recommendations: Authorize staff to enter into an Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for Preliminary Engineering Services for Water and Sanitary Sewer Infrastructure Related to Transportation and Surface Water Management Projects. ......~"........................"".....~"".~""_m.__m.._____._.._....._.....................,..........."""."'.."'''''.."...._.''..'._m..._.._.____._m......~......,....................,'"....."'~".,.__..____._m.__.__.__.._.__.______..__m._.._._m.._..~m~.....m...._..............._............._...............,..................,............................... PROPOSED MOTION: "I move to authorize staff to enter into an Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for Preliminary Engineering Services for Water and Sanitary Sewer Infrastructure Related to Transportation and Surface Water Management Projects." ",.."........"...""........""","'" ""..'m______m_.__mm_._...__.....~........,.,......... .",.,.,,,,.....,,"',,...,,..., mm.,m._._...__._ mmmm._._.._._.._mm__m_mm_m._____.._mmm..___m._._mm. . .........."".........,."....."""""...... ..."''''"...""'''.....",,. CITY MANAGER APPROVAL: COIJNCIL ACTION: D APPROVED COUNCIL BILL # D DENIED 1 ST reading D TABLED/DEFERREDINO ACTION Enactment reading D MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 i ~ (C CITY OF FEDERAL WAY MEMORANDUM DATE: September 19,2005 TO: Land Use and Tnmsportation Co~ VIA: David H. Moseley, City Manage ~ FROM: Marwan Salloum, P .E., Street Systems Manager ({J^-t r /Y'i S SUBJECT: Lakehaven Utility District Interlocal Agreement; Preliminary Engineering Services POLICY QUESTION: Should the Council authorize staff to enter an Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for Preliminary Engineering Services for Water and Sanitary Sewer Infrastructure Related to Transportation and Surface Water Management Projects? BACKGROUND: In an effort to minimize delays to the Capital Projects, the Lakehaven Utility District proposed an interlocal agreement to expedite the preliminary engineering assessment of the water and sewer facilities within the project limits. The Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for Preliminary Engineering Services for Water and Sewer Infrastructure Related to Transportation and Surface Water Management Project will be an avenue to reimburse the City for all costs incurred by the City in performing the preliminary engineering assessment. The preliminary engineering assessment of the water and sewer facilities will be incorporated in the Consultant Contract at the time of contract negotiation for the design of the Capital Projects. The negotiated costs for the preliminary engineering assessment will be presented to the Lakehaven Utility District for evaluation and approval. The term of this agreement will be January to December, and amended yearly. The Interlocal Agreement has a $50,000 limit per term and may be amended depending on the Capital Projects within the term. OPTIONS: 1. Authorize staff to enter an Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for Preliminary Engineering Services for Water and Sanitary Sewer Infrastructure Related to Transportation and Surface Water Management Projects. 2. Do not authorize staff to proceed and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option I to the October 4th, 2005 City Council Consent Agenda for approval: Authorize staff to enter an Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for Preliminary Engineering Services for Water and Sanitary Sewer Infrastructure Related to Transportation and Surface Water Management Projects. COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the October 4, 2005 City Council Consent Agenda. cc: Project File Day File MEETING DATE: October 4, 2005 ITEM# .......................................................____m" .......mmmmmmm. < .......................................-....... CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2005/2007 Implementation of Commnte Trip Reduction (CTR) Plans and Program Agreement with WSDOT (GCA4567 .. ...."a"'.........", """,'".,.,.",....."".... ..................._....__m.... m................................................ .......................',.'"""""""",,,,,,,,..........................................-.--....- CATEGORY: BUDGET IMP ACT: IS] CONSENT D ORDINANCE Amount Bndgeted: $ D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $ D CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $ .... .,.,...,...."'..".,......__.._..........._.....__..._.__.m....__....... mm._..........._~_._........................".........,',..," "",,,,,,"',,"',"....,,,"....'r'." ..........-..--........ ,......- ............-.-........-...--- ............-......-.-..-." ''''-''- "'.,..".."""'",..,,,,.."',,,, "'" ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated September 19,2005. ..........._ ............~...................... """."..""',..".......,, """'.".....".._"".,..........._m.'.__ .mmmmm..__.__.._____mm___.m...m.._mmm...._........_m.._._ m...mm._....._....mm_.....m...._............._ m........m'..""."',..".....,.....""."",..,,,....................m............m....._..mm.._._ ....mm__....... SUMMARYIBACKGROUND: Washington State's Commute Trip Reduction (CTR) Law was adopted by the 1991 Legislature and incorporated into the Washington Clean Air Act as RCW 70.94.521 through 70.94.551. Its intent is to improve air quality and reduce fuel consumption and traffic congestion through employer-based programs by encouraging the use of alternatives to single occupant vehicles (SOY) for the commute trip. The law requires that all major employers, both public and private, who employ one hundred (100) or more full-time employees who are scheduled to arrive at a single worksite between 6:00 a.m. to 9:00 a.m. to make a good faith effort as defined in RCW 70.94.534(2) and to develop plans and programs to reduce Yehicle Miles Traveled (VMT) and Single Occupant Yehicle (SOY) commute trips. City Hall is one of 14 employers in Federal Way that are affected by the CTR Law. The Washington State Department of Transportation (WSDOT) provides technical assistance funding to the City for developing and implementing the Commute Trip Reduction (CTR) plans and programs. The CTR program requires an agreement with WSDOT. The purpose of the agreement is to allow the State to reimburse the City its proportionate share of the technical assistance funding. Based on the current affected worksites, the City of Federal Way will receive approximately $25,623 annually for the 2005/2006 biennium. As in the past, due to workload and expertise the City will continue to use the technical fund from WSDOT to contract with King County for the CTR support services. Staff will present this contract to the LUTC and Council committee as a separate agenda item. .......... ...",.,..,.,.",."..,."""",..,"',,,...,,,,...,.,,., ....'_'m.m....'__mm.._ mmmmmmmmm__.._..._._._m._._.._mmm.._._mm__...__m.._..._...._m.._....._ mmmm...__.m...mm_m......_. ..m..'...'.,..,.,.",.",.".",...,......",.,." ."",.,....... .,..,............~. m.......mmmm............_...._mm.._m..m.__._ .....mmm.........".,....,,,., .' CITY COUNCIL COMMITTEE RECOMMENDATION: At its September 19, 2005 meeting, the Land Use and Transportation Committee forwarded the following staff recommendations: Authorize staff to accept state CTR technical funds for the CTR program implementation. .............,..... ."",,,,,,,,,.,,,,,.,,,,,.,"',,,,,,,,,,,,,.. .,."."'."..,.....,-".,.,.",.............. mm....mmmmmmmm....__ mmm._ m.m........mmmm........._....m .m.............mm.mmm.._ mmmm...._ .,.....'m.'."..,.."....."""""",.,.""",.,. PROPOSED MOTION: "I move to authorize staff to accept state CTR technical funds for the CTR program implementation. " m....mm.mmm...........m.........................._ mm'..........,..,...,.",... ."'"."",..,.,,,,,...,..,.. CITY MANAGER APPROVAL: 1W\ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 TABLEDIDEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05110/2001 f CITY OF FEDERAL WAY MEMORANDUM DATE: September 19th, 2005 TO: Land Use and Trnnsportation Co~ !;.t VIA: David H. Moseley, City Manager FROM: Rick Perez, P .E., City Traffic Engineer ~ ,SUBJECT: 200512007 Implementation of Commute rip Reduction (CTR) Plans and Program Agreement with WSDOT (GCA4567) POLICY QUESTION: Should the Council enter into an agreement with the Washington State Department of Transportation (WSDOT) to accept the state CTR technical assistance funding? BACKGROUND: Washington State's Commute Trip Reduction (CTR) Law was adopted by the 1991 Legislature and incorporated into the Washington Clean Air Act as RCW 70.94.521 through 70.94.551. Its intent is to improve air quality and reduce fuel consumption and traffic congestion through employer-based programs by encouraging the use of alternatives to single occupant vehicles (SOV) for the commute trip. The law requires that all major employers, both public and private, who employ one hundred (100) or more full- time employees who are scheduled to arrive at a single worksite between 6:00 a.m. to 9:00 a.m. to make a good faith effort as defined in RCW 70.94.534(2) and to develop plans and programs to reduce Vehicle Miles Traveled (VMT) and Single Occupant Vehicle (SOV) commute trips. City Hall is one of 14 employers in Federal Way that are affected by the CTR Law. The Washington State Department of Transportation (WSDOT) provides technical assistance funding to the City for developing and implementing the Commute Trip Reduction (CTR) plans and programs. The CTR program requires an agreement with WSDOT. The purpose of the agreement is to allow the State to reimburse the City its proportionate share of the technical assistance funding. The work performed under this agreement is described in the attached Exhibit II, Scope of Work. Based on the current affected worksites, the City of Federal Way will receive approximately $25,623 annually for the 2005/2006 biennium. As in the past, due to workload and expertise the city will continue to use the technical fund from WSDOT to contract with King County for the CTR support services. Staff will present this contract to the LUTC and Council committee as a separate agenda item. OPTIONS: 1. Accept state CTR technical funds for the CTR program implementation. 2. Do not accept state CTR funds and implement CTR as required by state law and local ordinance using in- house staff at City expense. STAFF RECOMMENDATION: Accept Option 1 to authorize the City Manager to enter into an agreement with WSDOT to accept the state CTR technical fund. COMMITTEE RECOMMENDATION: Forward staff recommendation of Option 1 to the October 4th, 2005 City Council Consent Agenda. EXHIBIT II SCOPE OF WORK Implementation of Commute Trip Reduction (CTR) Plans and Program 1. CONTRACTOR AGREES TO: 1.1. Work to be Performed 1.1.1. The county or city, whichever applies, has enacted a Commute Trip Reduction (CTR) ordinance in compliance with RCW 70.94.521-.55I. Said ordinance requires, for example, the submission of employee commuter surveys, employer annual reports, and other provisions for the tracking of certain vehicle miles traveled (VMT) and single occupant vehicle (SOV) commute trips, as well as provisions to assist in thereduction of VMT and SOY. Therefore, the CONTRACTOR agrees to implement a CTR program and to comply with all provisions of the applicable county or city ordinance, which is incorporated herein by reference and made a part of this AGREEMENT and this Scope of Work. 1.2. Funding Distribution and Reporting I.2.1. The CONTRACTOR may distribute funds to its eligible contracting partner(s) who are implementing CTR plans and ordinances as authorized by RCW 70.94.544, by entering into agreements with other jurisdictions, local transit agencies, regional transportation planning organizations, or other eligible organizations. The CONTRACTOR shall submit to WSDOT within 30 days of execution of any agreement between the CONTRACTOR and is eligible contracting partner(s): (a) a list of dollar amounts to be disbursed by the CONTRACTOR to its eligible contracting partner(s), or (b) a fund dispersion methodology. 1.3. Implementation Plans I.3.I. In addition to complying with Section 1, above, the CONTRACTOR shall implement all CONTRACTOR provisions in this Scope of Work. Further, the CONTRACTOR shall incorporate Sections 1 and 3 of the Scope of Work in all agreements with eligible contracting partner(s), as necessary, to coordinate the development, implementation, and administration of CTR plans and compliance with applicable ordinances. 1.3.2. Appeals, Exemptions, and Modifications 1.3.3. The CONTRACTOR shall maintain an appeals process consistent with RCW 70.94.534(6), applicable ordinances, and procedures contained in the Commute Trip Reduction Task Force Guidelines, which may be obtain from the WSDOT or tound at http://www.wsdot. wa.gov/tdm/tripreduction/CTRguide/default.cfm. The CONTRACTOR, or its eligible contracting partner(s), shall submit requests for CTR exemptions or goal modifications to WSDOT for review and comment within five (5) days of receiving such requests, and shall provide WSDOT five (5) working days to comment prior to approving or denying the request. Page 10 of 16 GCA4567 1.3.4. Survey Processing I.3.5. The CONTRACTOR shall notify WSDOT prior to sending employee commuter surveys to the University of Washington, Office of Educational Assessment, for processmg. The notification must include the name of the worksite, employer identification code, and type of survey for each survey being submitted for processing. The notification shall be submitted as an electronic spreadsheet via electronic mail. The CONTRACTOR agrees not to deliver or send surveys for processing unless authorized to do so by WSDOT. 1.3.6. Database Updates I.3.7. The CONTRACTOR agrees to provide WSDOT with updated lists of affected worksites and jurisdiction contacts on a quarterly basis. These updates shall be submitted electronically in a fonnat specified by WSDOT. 1.3.8. Employer Annual Reports I.3.9. The CONTRACTOR agrees to, within 30 days from the date of filing, submit to WSDOT one (1) electronic or hard copy of all employer annual report( s). 1.3.10. Employer Exemptions and Goal Modifications I.3.lI. The CONTRACTOR agrees to, within 30 days from the date of official administrative decision, submit to WSDOT the name and employer identification code for any worksite that has been granted an exemption or goal modification, including infonnation about the duration of all exemptions and infonnation on the type of goal modification granted. 1.3.12. Progress Report and Invoice I.3.13. The CONTRACTOR agrees to submit to WSDOT periodic progress reports, as specified in Exhibit III, Progress Report Format, with all invoices in accordance with Section 4 of this AGREEMENT. 2. WSDOT AGREES TO:' 2.1. General Technical Assistance 2.1.1. WSDOT will provide support to the CONTRACTOR,' or its eligible contracting partner(s), in developing and implementing CTR plans and programs, including providing training, infonnational materials, and assistance in CTR evaluation. WSDOT will also assist with overall CTR marketing and promotion on a statewide basis. 2.2. Exemptions and Modifications 2.2.1. WSDOT will review and comment on employer requests for exemptions from CTR requirements and/or goal modifications, within five (5) working days after receipt. Failure to review and comment on such requests within five (5) working days after receipt shall be considered a waiver of WSDOT' s right to comment. Page 11 of16 GCA4567 2.3. Database Management 2.3.1. WSDOT will maintain a current database of all affected worksites in Washington State. WSDOT will input new and/or updated worksite information within fifteen (15) working days after receipt from CONTRACTOR. WSDOT will employ an internal verification process to ensure all new and/or updated infonnationis input in a timely and accurate manner. Infonnation from the WSDOT database will be used to detennine funding allocation consistent with the methodology contained in Exhibit I, Funding Allocation Methodology. 2.4. Training 2.4.1. WSDOT will maintain training materials to support implementation of CTR programs. 2.5. Public Awareness 2.5.1. WSDOT will develop and implement statewide public awareness and recognition programs to support local implementation of CTR programs. 2.6. Annual Reporting Assistance 2.6.1. WSDOT will distribute in sufficient quantities the State "Program Description & Employer Annual Report" fonn to the CONTRACTOR, or other eligible recipients, if requested. WSDOT will also maintain an internet-based annual report system and will provide information and ongoing technical assistance to employers and jurisdictions using the system. 2.7. Survey Assistance 2.7.I. WSDOT will: 2.7.I.1. Provide the CONTRACTOR, or its eligible contracting partner(s), with summary survey information if requested. 2.7.I.2. Distribute the Employee Questionnaires in sufficient numbers to the CONTRACTOR, its eligible contracting partner(s)ifrequested. 2.7.1.3. Maintain an internet-based survey tool, and provide infonnation and ongoing technical assistance to employers and jurisdictions using the system. 2.7.I.4. Provide survey processing at no cost to the CONTRACTOR, or its eligible contracting partner(s), and affected employers, during the base year and all subsequent surveys. 2.7.I.5. Provide technical assistance to the CONTRACTOR, or its eligible contracting partner( s), and employers, on surveying, if requested. 2.7.I.6. Work with the CONTRACTOR, or its eligible contracting partner(s), to calculate goal measurement information and track measurement survey history for all CTR affected worksites. Page 12 of 16 GCA4567 2.7.I.7. Return the processed employee commuter survey and reports to the CONTRACTOR, or its eligible contracting partner(s), within thirty (30) days of the date the fonns are delivered for processing 2.7.I.8. Maintain and periodically update the "CTR Guide for Employer Surveys." WSDOT will review survey guide/instructional materials developed by the CONTRACTOR or its eligible contracting partner(s) for consistency with the state-developed "CTR Guide for Employer Surveys," which may be obtained from WSDOT. 2.7.I.9. Review all electronically submitted survey notifications and respond to the CONTRACTOR within five (5) working days after receipt. Page 13 of16 GCA4567 MEETING DATE: October 4, 2005 ITEM# .....................................-...... CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 200512006 Commute Trip Reduction (CTR) Implementation Agreement with King County ..................-..........-......... . ........................-....... .... ....................................-....... CATEGORY: BUDGET IMPACT: (g] CONSENT 0 ORDINANCE Amount Budgeted: $ 0 RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $ ............._."... . mm.........._.........._ mm.........""" .......-...-.......-..-..............""" ........................-....... ... ,,,,..,..,,..........,,, ......................,'" ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated September 19,2005. .................._....._.._................."'..,. ..................._.._..___._.............""" . ................_......._.._................""...., ...m.._........_....... . .................................-...- ....................-........-....... . ...""".",..""'""",,, ... ..........,--, SUMMARY/BACKGROUND: Washington State's Commute Trip Reduction (CTR) Law was adopted by the 1991 Legislature and incorporated into the Washington Clean Air Act as RCW 70.94.521 through 70.94.551. Its intent is to improve air quality and reduce fuel consumption and traffic congestion through employer-based programs by encouraging the use of alternatives to single occupant vehicles (SOY) for the commute trip. The law requires that all major employers, both public and private, who employ one hundred (toO) or more full-time employees who are scheduled to arrive at a single worksite between 6:00 a.m. to 9:00 a.m. to make a good faith effort as defined in RCW 70.94.534(2) and to develop plans and programs to reduce Yehicle Miles Traveled (YMT) and Single Occupant Yehicle (SOY) commute trips. City Hall is one of 14 employers in Federal Way that are affected by the CTR Law. In order to comply with the state CTR Law and to ensure consistency and fairness in its administration, the City will enter into a Professional Services Agreement with King County Metro. The purpose of the agreement is to delegate implementation of the CTR Act as required by state law and local CTR Ordinances to King County Metro. Over the last nine years the City has been contracting with King County for the CTR program implementation. Staff believes this is a cost-effective relationship, as most cities have a full-time CTR coordinator. The 2005/2006 Professional Services Agreement will be funded by the state CTR grant. Based on the current 14 affected worksites, the City of Federal Way will receive approximately $25,632 in state grant money. The State CTR grant would be sufficient to fully fund the 2005/2006 Agreement with Metro, which is $22,650. .."..._.._........_......__..._.._....~....."..,",..,..'" ".."...,..-....-...- ............._~.~..."...."'"...,"",......~~_...._..._.._...__._._........._....... ,.. ., . .........................-.......--....- ............_..~--_._..- .............."..... ..................,....,.............."..... """"""",..."'"..,....,.....'" ""'.",."..,,"'..._,.,,,...., ......... ..............-......- CITY COUNCIL COMMITTEE RECOMMENDATION: At its September 19, 2005 meeting, the Land Use and Transportation Committee forwarded the following staff recommendations: Authorize staff to contract with King County for the CTR program implementation ............-........ . .............~."...,.,',..,.."."",,. ...............-....-.-....... .. ....., "'"...""',,... . .......................................-.........-....... " .. "....... .... ..... ""..u"'"""""...........""..".. "'""'"""""."'''',,.,., ..",."",.,.,.".."""_...,, ..............................................._............_...... PROPOSED MOTION: "I move to authorize staff to contract with King County for the CTR program implementation." (irYMANAGERAPPROVAL:-~~ (BELOW TO BE C "PLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # D DENIED 1ST d' rea mg 0 T ABLED/DEFERREDINO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05110/2001 .1 CITY OF FEDERAL WAY MEMORANDUM DATE: September 19th, 2005 TO: Land Use and Transportation C~' ~ VIA: David H. Moseley, City Manag FROM: Rick Perez, P .E., City Traffic Engineer (r/f7 SUBJECT: 2005/2006 Commute Trip Reduction (CTR) Implementation Agreement with King County POLICY QUESTION: Should the Council continue contracting with King County for the Commute Trip Reduction Program support services? BACKGROUND: Washington State's Commute Trip Reduction (CTR) Law was adopted by the 1991 Legislature and incorporated into the Washington Clean Air Act as RCW 70.94.521 through 70.94.551. Its intent is to improve air quality and reduce fuel consumption and traffic congestion through employer-based programs by encouraging the use of alternatives to single occupant vehicles (SOV) for the commute trip. The law requires that all major employers, both public and private, who employ one hundred (100) or more full- time employees who are scheduled to arrive at a single worksite between 6:00 a.m. to 9:00 a.m. to make a good faith effort as defined in RCW 70.94.534(2) and to develop plans and programs to reduce Vehicle Miles Traveled (VMT) and Single Occupant Vehicle (SOV) commute trips. City Hall is one of 14 employers in Federal Way that are affected by the CTRLaw. In order to comply with the state erR Law and to ensure consistency and fairness in its administration, the City entered into a Professional Services Agreement with King County Metro. The purpose of the agreement is to delegate implementation of the CTR Act as required by state law and local CTR Ordinances to King County Metro. The work to be performed under this agreement is described in the attached Exhibit A, Commute Trip Reduction Services Contract Scope of Work Period July 1,2005, through June 30, 2006. PROJECT SAVINGS AND CONTINGENCY: Over the last nine years the City has been contracting with King County for the erR program implementation. Staff believes this is a cost-effective relationship, as most cities have a full-time CTR coordinator. The 2005/2006 Professional Services Agreement will be funded by the state CTR grant. Based on the current 14 affected worksites, the City of Federal Way will receive approximately $25,632 in state grant. The State CTR grant would be sufficient to fully fund the 2005/2006 Agreement with Metro, which is at $22,160. Please see attached Exhibit B for asswnptions of state grant and expenditures. OPTIONS: 1. Contract with King County for the CTR program implementation 2. Implement CTRas required by state law and local ordinance using in-house staff. ------ Federal Way - Exhibit A Commute Trip Reduction Services Contract Scope of Work Period: July 1,2005, through JUDe 30,2006 Work Activities -14 current sites Schedule I. REQUIRED ACTIVITIES A. Notification of new sites As needed 1. Identify contact for potential sites 2. Send notification inquiry 3. Confirm status 4. Secure state code 5. Create time line and legal file B. Data Management and Survey Processes First quarter and 1. Ongoing coordination of contact information and survey schedules with as necessary employers and WSDOT 2. Compilation/ distribution of aggregate survey data as requested 3. Periodic survey processes and oversight of online survey process C. Program review 1. Remind employers of submittal deadlines Ordinance 2. Monitor program report receipt schedule by 3. Review revised programs for sites that did not make progress and evaluate the site potential for progress toward SOY reduction 4. Review program reports for completeness for new sites and for sites that made progress toward goal 5. Reconunend action to jurisdiction 6. Generate approval letter for City signature E. Exemptions, Modifications and Compliance Issues As needed 1. Inform new sites about process and criteria 2. Receive requests and copy to City 3. Copy request to state for conunent 4. Review and analyze request and provide conunents to City 5. Contact employer as needed, generate and send response per City F. Records maintenance On-going 1. Maintain master file records on all affected sites 2. On a quarterly basis, provide WSDOT with hard copy of each employer program report approved within the quarter 3. Provide WSDOT with an electronic copy of the CTR database of the City's CTR-affected employers, quarterly or as required by WSDOT 4. Provide quarterly report information for jurisdiction to conduct state funds billing --------.... II. EMPLOYER SERVICES G. Program Development As needed New Sites 1. Provide written information on basic requirements of the CTR Ordinance, CTR Zones, and an explanation of how the plan is intended to achieve its goals 2. Provide materials that explain a range of measures and activities that may help the employer achieve the CTR goals of the local ordinance 3. Assist with voluntary baseline survey. Analyze survey data and make programs recommendations. H. New ETC Consultation/Brieflng As needed 1. Provide written information on basic requirements of the CTR Ordinance, CTR Zones, and an explanation of how the plan is intended to achieve its goals 2. Provide materials that explain a range of measures and activities that may help the employer achieve the CTR goals of the local ordinance I. Program Implementation Assistance As needed Provide assistance in the following categories: 1. Identify resources and implementation requirements 2. Coordinate/attend network group meetings 3. Communicate with ETCs about transportation issues, including Sound Transit, Metro Transit, Special events and items of interest (e.g.: construction and road closures, Air Quality alerts, WSRO bulletins) 4. Provide two employee awareness campaigns per year J. Training Quarterly Provide county-wide basic training to new ETCs 1. Basic Training part 1: ETC orientation 2. Basic Training part 2: Program hnplementation and Promotion 3. Survey briefing \ 2 Federal Way CITY OF FEDERAL WAY Exhibit B Period: July 1, 2005 through June 30, 2006 FUNDING State CTR Funds (estimated) $1,260 per site for Required Activities $ 17,640.00 $570.23 per site for Employer Services $ 7,983.22 TOTAL FUNDS AVAILABLE $ 25,623 NUMBER OF SITES 14 CTR SERVICES CONTRACT Reauired Activities New Site Notification / Site status change $ 98 Data Management & Survey Processes $ 3,225 Program Review & Site Analysis $ 6,881 Exemptions, Modifications.and Compliance Issues $ 590 Records Maintenance $ 2,212 .. Total Required Activities $ . 13,006 Emplover Service I. Employer Training $ 490 2. Incentives $ 700 3. Promotions & Marketing $ 1,376 4. Other: Program Development $ 1,573 Program Implementation $ 5,505 Total Employer Service $ 9,644 CONTRACT TOTAL $ 22,650 - MEETING DATE: October 4'h, 2005 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Adelaide Neighborhood Traffic Safety (NTS) Project - 21" Ave SWI21" Way SW Corridor ... ... ......u"......""... """'''''''''''~,.,......_....._. .....;......_...._..__m..... .... .. . . ..................................-........-........-...........- ...-.-...-.- ..............-.-...---...-......- .............................................................-...........--. CATEGORY: BUDGET IMP ACT: [8] CONSENT o ORDINANCE Amount Budgeted: $ 0 RESOLUTION o PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS o OTHER Contingency Req'd: $ ..."'""..."." .m .............____..._.__.._...__._....._...._....._._......~.....~_~.............."..,""',..",,""~,., ........................___._ ........_.__._.........__.._.....m...._~......_._..._........ ............._..._...._. m.~............_._..._..._.__..........._._..~..~_._..~_~......_........_ ....................- ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated July 18'h, 2005. Council Bill for the September 6th, 2005 City Council Meeting. ....w.~"..."'.__"'~___._.._..._____..._.._....___~.._.~........~~..............."...".......""'..""_,~_..__._m._m._mm.._.___.___m_._.~._.__...............................~...~~_.....~.:.~_.._.__m___.._....____.~_._.__.__.~_~._~.~..._.._~.__.._._mm.._mm.___._m_.._m___ SUMMARY/BACKGROUND: Residents in the vicinity of21s' Avenue SW / 21s' Way SW have requested the installation of traffic calming devices in the area based on concerns of high traffic speeds. On June 261h 2005, staff conducted a neighborhood meeting to discuss potential traffic calming alternatives that might reduce speed in the neighborhood. At its August 1 s', 2005 meeting, the Land Use and Transportation Committee approved the installation of two raised crosswalks and three speed humps without balloting. At the Council meeting on September 6th, the council reached a consensus to ballot for the following traffic calming devices: A) Raise the school crosswalk alon~ 304th Street, B) Install a speed hump between 305th & 306th Streets, C) Install a raised crosswalk on SW 307 , D) Install a speed hump north of the 21st Ave/21st Way curve, and E) Install a speed hump east ofthe 21 st Ave/21 st Way curve. The results ofthe ballot are presented in the table below. Traffic Calming Device A B C f) E Total Ballots Sent 67 42 176 426 409 1120 Ballots Returned 22 33% 35 83% 58 33% 26 6% 4 1% 145 13% Returned w/o Response 0 Yes Votes 19 86% 21 60% 39 67% 14 54% 2 50% 95 66% No Votes 3 14% 14 40% 19 33% 12 46% 2 50% 50 34% One ofthe installation criteria requires a 51 % majority approval ofthe returned ballots. Based on the ballot results represented in the above table, locations A-D met the balloting criteria and location E failed. The total average approval rate was 66%. The estimated cost ofthis project is approximately $14,500. Also, please note that the total amount of approved requests this year will exceed the NTS program budget by approximately $25,000. Forecasted year-end savings in the Public Works Department operating budget could fund these costs. CITY COUNCIL COMMITTEE RECOMMENDATION: At its August , 2005 meeting, the Land Use and Transportation Conunittee approved the installation of two raised crosswalks and three speed humps without balloting. At the September 6'\ 2005 meeting the City Council changed the LUTC recommendation, directing staff to send ballots to the neighborhood. .. .........."............... ---- PROPOSED MOTION: "I move to approve the installation of proposed traffic calming devices A-D. I do not approve installation of traffic calming device E, the ballot outcome of which was 50%." ~MANAGERAPPROVAL: - -~- --- ...................".""........................................-.......- ........-.-..-...-....... "- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE] COUNCIL ACTION: D APPROVED COUNCIL BILL # D DENIED 1 ST reading D T ABLEDIDEFERRED/NO ACTION Enactment reading D MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED ~ 05/1 0/200 1 CITY OF FEDERAL WAY MEMORANDUM DATE: July 18, 2005 TO: Land Use and Transportation Committee VIA: David H. Moseley, City Manager FROM: Rick Perez, P.E., City Traffic Engineer SUBJECT: Status ofTraffie Calming Efforts on 2rt Avenue SW POLICY QUESTION: For information only. BACKGROUND: At the June 21,2005, meeting of the City Council, staff was requested to provide an update on the status of the City's efforts to address speeding concerns on 21st Avenue SW north ofSW Dash Point Road in response to concerns expressed by residents. The first petition for traffic calming devices on 21 sl Avenue SW was received in late 2001. The street easily met the technical criteria for qualifying for the Neighborhood Traffic Safety (NTS) Program. A neighborhood meeting was held in early 2002 to develop a consensus for addressing the speeding problem. The proposal developed by those assembled consisted of the installation of all-way stop control on 21 SI Avenue SWat both SW 304th Street and SW 307th Street, and two speed humps, one on 21 SI Avenue SW between SW 305th Street and SW 306th Place, and one on 21 SI Way SW between 19th Place SW and 21 sl Avenue SW. Ballot results showed only the speed hump on 21 sl Way SW passing. Based on past experience on 4th Avenue S near S 304th Street, staff determined that one speed hump would not be effective in deterring speeding, so no proposal was forwarded to the Committee. The ballot results were contested due to an issue with the area being balloted. Due to the Council-adopted policy of including areas wherein the sole source of access would be affected by a traffic calming proposal, a large area was allowed to vote that would have had to either traverse a speed hump or an all-way stop intersection. The . concern was that these people were the part of the problem with speeding and therefore not motivated to vote for a traffic calming solution, so relief was sought from allowing these votes to sway the results. This issue was brought to the Committee and Council in July 2002, which reaffirmed the balloting area policy. A second petition was received in 2003. Again, 21 sl Avenue SW easily met the technical criteria for qualifying for the NTS Program. A neighborhood meeting was held in March 2004, wherein a majority ofthose assembled developed a proposal to install mini-roundabouts at the intersections of SW 30Slh Street and SW 307th Street, although a significant minority preferred the previous proposal of all-way stops and speed humps. Note that by not proposing any changes at SW 304th Street, the balloting area previously contested was reduced significantly. Nonetheless, this ballot measure also failed. A third petition has now been received. Staff has determined that 21 SI A venue SW continues to meet the technical criteria for qualifying for the NTS program. A neighborhood meeting has been tentatively scheduled for July 2ih. Staff Recommendation: For information only. -- r",\IU ;'C.:~()()'j'.()7.1"..,,' ,.;ThT\:S OF 2) "VF "IV TRM'FIC' CALMING.f)()C ---- MEETING DATE: September 6th, 2005 ITEM# ~ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Traffic Calming Efforts on 21.1 Avenue SW ~..."....g~""~__""'.'~_"_~~~~'.'~__~"'.'_~_~____.'''_''''~...."...~""~,..~.'..~._._.._______._._._._. ... ....___.,....".~ ".,"'_...'N_..',....."....._...._.,...."._~..__...__....."..,~"..,...,...._.~. ~~..___......__.~~..~..~..,...~....__....~_.~r._"...~"....."~~._...~".._..,.....,...,._...,. CATEGORY: BUDGET IMPACT: [gI CONSENT D ORDINANCE Amount Budgeted: $ D RESOLUTION o PUBLIC HEARING Expenditure Amt.: $ D CITY COUNCIL BUSINESS o OTHER Contingency Req'd: $ ---.----.. _._~r_....~____.___.__~...~___.___~_~_,_".".__, .._._~._.,'_._.~..."...".._."...._.. ATIACHMENTS: PowerPoint slides presented to the Land Use and Transportation Committee dated August 1st, 2005. "_M._._".._~..,~_.~__._..n_ _~,_,.,,~_w...........~..,,~..~,.~.,~.~__....~...___"_____~ ~~_._---~ SUMMARYIBACKGROUND: At the June 21,2005, meeting of the City Council, staff was requested to provide an update on the status of the City's efforts to address speeding concerns on 21st Avenue SW north ofSW Dash Point Road in response to concerns expressed by residents. The first petition for traffic calming devices on 21s1 Avenue SW was received in late 2001. The street easily met the technical criteria for qualifying for the Neighborhood Traffic Safety (NTS) Program. Results showed only the speed hump on 21 st Way SW passing. Based on past experience on 4" Avenue S near S 304" Street. staff determined that one speed hump would not be effective in deterring speeding, so no proposal was forwarded to the Connnittee. The ballot results were contested due to an issue with the area being balloted. This issue was brought to ~he Committee and Council in July 2002. which reaffirmed the balloting area policy. A second petition was received in 2003. Again, 21s1 Ave SW met the technical criteria but the ballot measure failed. A third petition has now been received. Staff has determined that 21" Avenue SW continues to meet the technical criteria for qualifying for the NTS program. A neighborhood meeting took place July 26th. The consensus solution was to install raised crosswalks at SW 3041h Street and SW 307111 Street, and three mid-block speed tables. It was noted that this proposal would exceed the $10.000 per neighborhood per year limit in the Council's adopted policy, and with other pending NfS requests. could exceed the NTS program budget, but that the increase in budget would be wllikely to cause the Public Works Department operating budget to be exceeded. Staff recommended that the consensus solution be balloted within the neighborhood. _.__.....h..._...__...~,__..-- .__.....~....................~.............~ _.......__'_M~~~....~...~M~_.._~~_.~__".,_.____~. CITY COUNCIL COMMITTEE RECOMMENDATION: At its August 1st, 2005 meeting, the Land Use and Transportation Connnittee forwarded the following recommendations: 1. To more expediently address the ongoing safety issues and overcome the past lack of neighborhood consensus, bypass the balloting process in the current policy; 2. In order to more aggressively combat speeding, revise the proposal to replace the mid-block speed tables with speed humps; and 3. Authorize staff to exceed the $10,000 per neighborhood per year limit in the current policy. ~~..............._~...~..~._..~_..,,_........,._....~_,,'."'..............__._._..._'__.M~~__".__,___...,.,'__.__...__._..._,,_.~~.~~....._....~.~_~_._._.....___~~~.~_.................~.~....................-,._.~_.... ......__._.......__. PROPOSED MOTION: "I move to authorize staff to implement the Land Use and Transportation Committee reconunendation to install two raised crosswalks and three speed humps on 21s1 Avenue SW." ~.__~.~.__._~_._....~.~.._~.......~~....,."...~"...............~_.......~.._..._m..______.__.........._..._..._._.._.....___~._...~.~~~~_..~~.~._~...~............~__...~_._..._..... .. ,_..,..., .." ...~~.y._~......"~........~..NMn"......~.....".~".._.~....~....~~~. ..."......~ .... "...... -----....----..---.- /'\. CITY MANAGER APPROVAL: ( J (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1ST reading 0 TABLED/DEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/1012001 MEETING DATE: October 4, 2005 ITEM# ......"'""",,,...,,,,,,, .............................-.....- . ...................................-..........- ............................................................"",., . .. ................mm.....__ ...................mmm........................._....... . CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2005-2006 Diversity Commission Business Plan .m_._ ....................................._..........._ ..............................".."." ""__....._ ..........................._....... . "" """"""""""""."."'",.., .......__.._._......._._._..._._._......_m.... ",...........""",...".......,,,"'''',,,,,, """""'_'_'__' ____...._ ..............._............................"'..."".......""'..,..",...".."",,'" "'.,.,',."...."."'.,,,."',,...,,""""""",..".."'.~'.m CATEGORY: BUDGET IMP ACT: lZl CONSENT D ORDINANCE Amount Budgeted: $ D RESOLUTION o PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $ .................................."",....""""'",...,, . ...... ........."",.............".."""". """..._.,............_....__.._ m...........mmmmmm.._ mmm..........,.."""',...,..""...."..,,..... "...,.,m._m.._ .m__..m.._mm_mmm._._mmm........................"'''......,...''...........,.."".........,.."......"".." ""..."'"",,,........,,,,,,,,...,,,,"'......,,"',, ATTACHMENTS: PRHSPS staff report. ........................,............"""..""'''''m'm..__m.__._.._mm.._..__ m..~....... ...",.""",.,"''''",'''"..",.""'''"".."",,, ..... mmm..__mmm_..__m._ m.........~..................................,",..".,''''''.'."m..'.'m..__mmm.._mmm.._mmmm__m_.._._mmmm._m..__m_m.__.._m._.m.. SUMMARYIBACKGROUND: See attached PRHSPS staff report. mmmmmmm.............."""..'''''''''''''...".".''''''''.._ mmmmm_.m.__....._mm.._m.._._ mm...mmmm...m..........,..............,"""",.. ,.."...,..,_ ""'.""."'.'..'_.mmmm_mmm_m._.m.._..____._ ..........,.....".................,',......".......,",.,',.,"~'_"'m'mm..___mmm..___mm.__mm.m..__..__m___.___mm_.._m.._mm.._.._.___..--- CITY COUNCIL COMMITTEE RECOMMENDATION: Forward the 2005-2006 Diversity Commission Business Plan to the full City Council on October 4, 2005 with a do pass recommendation. mmmmmm...............".........,..""",......."""..".,......, mm..___.._.._mmmm._m_._ mmmmm...m._mmm..._mm..m......""""........,..""""'''..",,,..,".....",....,."',.., m.._.._._mmm._._..__mm.._._._..__mm.._m.'__~"""""""""''''''''''"""'...."......"..".......""".."'''''''''._,.,__ .",..m.,.,.".,_.."".._._.,m..,_._._.._._.., ..,mm_._mm.._ PROPOSED MOTION: "I move approval ofthe 2005-2006 Diversity Commission Business Plan." ~~:::~.:;~~~~--~--------- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED COUNCIL BILL # 0 DENIED 1 ST reading D TABLED/DEFERRED/NO ACTION Enactment reading D MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 S.6 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 12, 2005 TO: Parks. Recreation, Human Services & Public Safety Committee VIA: David Moseley, City Mana0- !;.t FROM: Ron Walker, Diversity Commission C~ Derek Matheson, Assistant City Manage SUBJECT: Diversity Commission Business Plan 2005-2006 Policy Question Should the Federal Way City Council approve the 2005-2006 Diversity Commission Business Plan as presented? Background Attached is a copy of the 2005-2006 Diversity Commission Business Plan as approved by the Commission at its August meeting. Per City Council direction and the Diversity Commission bylaws, the Commission is presenting the plan to the City Council for approval. This year's plan calls for management of the Martin Luther King, Jr. Celebration, a new MLK Leadership Breakfast, and support for the campaign to build a monument to Martin Luther King in Washington, D.C.; providing culturally diverse books to libraries and nonprofit organizations for the enrichment of young readers; developing an international flag collection that is purchased and donated by cultural groups to display at public events, parades, and facilities; partnering with AmeriCorps on community building projects in diverse neighborhoods such as Westwayand Camelot; offering suggestions to the City Manager and City staff that will help to achieve and maintain a labor force that reflects the diversity of Federal Way; continuing the Commission's public relations efforts via all media forums; periodic attendance and reporting at City Council meetings; and inviting guest speakers to address the Commission on relevant community issues. A Commission representative will be present to provide an overview of the proposed projects. Options 1. Recommend that the full City Council approve the 2005-2006 Diversity Commission Business Plan and place before the Council on October 4, 2005 for approval. 2. Return the 2005-2006 Diversity Commission Business Plan to the Commission with direction for revision. 1 Cr\ _n__ ~ ~ Staff recommendation Choose Option 1 to approve the 2005-2006 Diversity Commission Business Plan and place before the full City Council for approval on October 4,2005. Committee recommendation Forward option _ to the full City Council for approval on October 4,2005. 2 B-2 .. ~"..,' FEDERAL WAY DIVERSITY COMMISSION BUSINESS PLAN 2005-2006 Purpose: Advises the City Council on policy matters involving the community's cultural and ethnic differences, ensuring that these differences are considered in the decision-making process. Mission: To help Federal Way become a community which is united amidst diversity, where each individual is respected, equally valued, equally needed and equally cherished. Equality is not sameness; it is equivalent value. Members: Ron Walker (Chair), Dorry Peterson (Vice-Chair), Antwan Tinsley, Diana Gonzalez, Bryan Cooper, J. Lee Cook, Jacqueline Pie!, Dawn Williams, Jason Weichert; with Christine Martin and Suzanne Smith (Alternates). Projects Martin Luther King Event Manage the 2006 Martin Luther King, Jr. Celebration and a new Leadership Breakfast; support the campaign to build a monument to Martin Luther King in Washington, D.C. (January 2006) Book Donations Provide culturally diverse books to libraries and nonprofit organizations for the enrichment of young readers. (March 2006) International Flag Collection Develop an international flag collection that is purchased and donated by cultural groups in the city. Display at public events, parades, and facilities. (January 2006 - Ongoing) AmeriCorps Partnership Partner with AmeriCorps on community building projects, especially in diverse neighborhoods such as Westway and Camelot. (Ongoing) Human Resources Assistance Offer suggestions to the City Manager and staff that will help them achieve and maintain a labor force that reflects the diversity of Federal Way. (Ongoing) Diversity and Public Relations Promote commission programs and diversity through all media forums, including local and ethnic newspapers, Channel 21, City Update newsletter, award opportunities, school assemblies, Speakers' Bureau, website, commission brochure, and event attendance. (Ongoing) City Council Liaison Attend City Council meetings periodically to increase Commission involvement and give visibility to the Council and community. (Periodic) Guest Speakers Arrange for guest speakers at meetings to address community issues. Invite community members to attend these meetings. (Ongoing) 'b-3 , ()Gt- ~ MEETING DATE: 2-ciC) s.:- ITEM# . / CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Commercial Vehicles On-Street Parking in Residential Zones ...............................-............--...... m........_....._....._...... .........................-......- ... ...........-..........-.......-..........-............. CATEGORY: BUDGET IMP ACT: 'gi. CONSENT I2l ORDINANCE Amount Budgeted: $ D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $ D CITY COUNCIL BlJSINESS D OTHER Contingency Req'd: $ .............................................-.......-...... ...................................................................--....-....- ................................- ......-...........-..-....-...-.-......-...-...... .............................................................. ...............-...........-...... ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated June 6, 2005; and Proposed Ordinance. ........................................._..........._..om .. .......................- .................-...... .' .........................................-...... SUMMARY/BACKGROUND: Federal Way City Code Section 15-82, as last amended in 1991, reads: "No person shall park a commercial vehicle which is more than 80 inches wide overall on any street or alley in residential areas zoned SE, RS and RM between the hours of J 2:00 midnight and 6:00 a.m." In 2004, Ordinance 04-457 also amended Sections 22~1176 through 22-1180 to restrictthe ability to park commercial vehicles off-street in residential zones. Staff anticipated that parking of conunercial vehicles might shift to public right-of-way as a result. At the January 10, 2005 Land Use and Transportation Committee meeting, four citizens spoke in favor of further restrictions for parking conunercial vehicles in residential zones. The con<:erns presented included: L Larger vehicles create safety issues, including sight distance restrictions at driveways and ability of emergency vehicles to turn around in cuI-de-sacs; 2. The current restrictions require vehicles to be moved by midnight and the resultant noise disturbs the neighborhood; 3. Enforcement of the existing code is lacking. . .............. .................... ........................................._........~........- ...-......--..-............-..--...... .. ..............................- ....................................,......."., ',,,y,,,,.....,, CITY COUNCIL COMMITTEE RECOMMENDATION: At its June 6, 2005 meeting, the Land Use and Transportation Committee recommended the Council prohibit on-street parking of commercial vehicles in residential zones. ..................--.....- .......................- ,."...","'.".""''''"..""."..,,,,"' .. ... ... .................................-.....--.- ..............-.-........-...-...-..........-...... I'ROI'OSED MOTION: "1 move the proposed ordinance to 2nd reading and approval at the next regular meeting on July 51h 2005 " , - ............................,,"', .... ........""..".""""''''..,.,......................- .......................................................................-....... ......-...... CITY MANAGER APPROVAL: ..,,,:,,...:=,c:..,~lI':-,_'...,. COUNCIL ACTION: D APPROVED COUNCIL BILL # 377 D ST - lPJi;.-7 OS -~ DENJEl> 1 reading D T ABLED/DEFERREDINO ACTION Enactment reading 'ft( M~(:O SECOND READING (o,dioaom aoly) ~~._~~.~-~,_.~-_..~~._- ORDINANCE # {p~ t,'7 l.P-1 RESOLlJTION # '-'--'._''''--'-.--'''---'-~' -"..,,--_.- -.-...... .-..-.... -~ ~_.__..~._._~.~._~.~,~... ,._..,~ ,.~" ~_.~,-~ "--'- 7J/~~:O::;~O~~a prJ-h Or-+-Lf/~5 ~. 17'-- L DRAFT ORDINANCE NO. ~f(,y~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING SECTION 15- 82, ARTICLE IV, OF CHAPTER 15 TO PROHIBIT THE PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL AREAS (AMENDING ORDINANCE NOS. 90-46, 91-97). WHEREAS the City ofF ederal Way is a non-charter code city under the laws of the State of Washington and, as such, has the power to enact ordinances for the protection ofthe public health, safety, and general welfare and for other purposes; and WHEREAS the Federal Way City Council adopted the Traffic and Vehicular Code, Chapter 15, in 1990 and subsequently modified it; and WHEREAS the City Council for the City of Federal Way has detennined that parking of commercial vehicles in residential areas is incompatible with residential uses; and WHEREAS the City Council for the City of Federal Way finds it in the best interests of its citizens to update the Traffic and Vehicular Code, Chapter 15, to prohibit parking of commercial vehicles in residential areas; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 15-82, Article IV, of the City of Federal Way Traffic and Vehicular Code, is hereby amended as follows: 15-82 Parking commercial vehicles in residential areas. No person shall park a commercial vehicle which is more than 80 inches wide overall on any street or alley in residential areas zoned SE, RS and RMbetween the hours of 12:00 midnight and 6:00 ORD# , PAGE 1 a-m, except when engaged in deliveries or as support to an ongoing business activity such as construction, moving, carpentry, plumbing, or landscaping, but ori1v for the time reasonable and necessarvto support the activitvor make the delivery. (Ord. No. 90-46, S 4, 3-20-90; Ord. No. 91-97, S 1,5-21-91) Section 2. 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 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 3. Ratification. Any act consistent with the authority and prior to the effective date ofthis ordinance is hereby ratified and affinned. Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. PASSED by the City Council ofthe City ofF ederal Way this day of , 2005. CITY OF FEDERAL WAY MAYOR, DEAN McCOLGAN ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC ORD# , PAGE 2 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\15-82 Commercial Vehicles 6.14/05 ORD# , PAGE 3 CITY 014' FEDERAL WAY MEMORANDUM "~._~~, .-- DATE: June 6, 2005 TO: Land Use and Transportation Committee VIA: David H. M~anager FROM: Rick Perez, P.E., 'ty Traffic Engineer ~ SUBJECT: Commercial Vehicles On-Street Parking in Residential Zones POLICY QUESTION: Should on-street parking of commercial vehicles be further restricted in residential zones? BACKGROUND: Federal Way City Code Section 15-82, as last amended in 1991, reads: "No person shall park a commercial vehicle which is more than 80 inches wide overall on any street or alley in residential areas zoned SE, RS and RM between thehours of 12:00 midnight and 6:00 a.m." In 2004, Ordinance 04--457 also amended Sections 22-1176 through 22-1180 to restrict the ability to park commercial vehicles off-street in residential zones. Staff anticipated that parking of commercial vehicles might shift to public right- of-way as a result. At the January 10, 2005 Land Use and Transportation Committee meeting, four citizens spoke in favor of further restrictions for parking commercial vehicles in residential zones. The concerns presented included: 1. Larger vehicles create safety issues, including sight distance restrictions at driveways and ability of emergency vehicles to turn around in cul-de-sacs; 2. The current restrictions require vehicles to be moved by midnight and the resultant noise disturbs the neighborhood; 3. Enforcement of the existing code is lacking. At the January 24, 2005 Land Use and Transportation Committee meeting, the Committee requested staff to compare our ordinance with other cities and provide a recommendation. Attachment A provides a summary of the comparison of codes. At the March 7, 2005 Land Use and Transportation Conunittee meeting, the Committee requested staff to investigate the extent of streets on which on-street parking would be permitted under the proposed ordinance, and investigate the extent to which the codes, covenants, ~nd restrictions (CC&R's) of individual residential developments would already provide such a restriction. At the March 21, 2005 Land Use and Transportation Committee meeting, staff presented findings that approximately 3 miles of streets would remain where commercial vehicles could be parked on-street without restrictions. It was also determined that it would be impractical to determine the extent of enforceable covenants in individual plats. The Committee forwarded the issue to City Council with no recommendation. At the AprilS, 2005 City Council meeting, the Council remanded the issue back to the Land Use and Transportation Committee, requesting more information on the City's previous extent of enforcement actions and the experience of other cities in enforcing similar ordinances. Public Safety staff provided attachment B that shows the number of enforcement actions under the current ordinance, as summarized below: 1998 1 1999 14 2000 30 2001 16 2002 6 2003 36 2004 4 2005 to date 6 This list does not reflect warnings, CAD records, or contacts officers may have had to address commercial vehicles parked in violation of the ordinance. Police Department efforts to address commercial vehicle violations of the ordinance have been initiated on a complaint basis. Following a complaint, directed or extra patrol would occur to address/solve the problem. Education, warnings, and enforcement are options we have utilized to solve problems. Officers have taken action based on on-view violations as welL The City's efforts are generally consistent with other South King County agencies. Some dedicate Traffic Unit personnel for commercial vehicle enforcement and complaints. Most complaints regarding ordinance violations between the hours of midnight and 6:00 a.m. are addressed by patrol personneL As staff is made aware of concerns from citizens regarding commercial vehicles being present in residential areas in violation of the ordinance, we will continue to assign commissioned personnel to solve these problems. OPTIONS: "" " - --- --~---.---- " 1":'",:MI~ - "'-". ~~" ~~r~~ -.yy .., ,- -! ^ y ;'1 - ,'" ,~~:~~~L;-"::\~ ;\;--'-~:;~,~:-~~'~~, ,:';;), ;j)\~:-,"<;~~~~,~~~-~::E! I __~_~M ,~_!....{;,_-_~~~~~:...-_~ ....::~ ~,~:-\~~": j' < j.j " y L Eliminate on-street . Reduces potential safety issues; . Potential impacts to home-based parking of commercial . Improves emergency vehicle access; business owners/operators that vehicles in residential . Reduces late night noise in utilize commercial vehicles. zones, with exceptions neighborhoods; for delivery vehicles . Reduces diesel fumes ill neighborhoods 2. Further restrict hours . Reduces potential safety issues; . Potential impacts to home-based for on~street parking of . Improves emergency vehicle access; business owners/operators that commercial vehicles in . Reduces late night noise ill utilize commercial vehicles. residential zones neighborhoods; . Reduces diesel fumes III neighborhoods 3. No action . No impact . Could be perceived as unresponsive to citizen concerns regarding: 0 Potential traffic safety issues; 0 Emergency vehicle access; 0 Noise and diesel fumes in neighborhood ---.--- Staff Recommendation: Per the direction of the Chair of the Committee, as this issue is a policy decision, staff is not making a recommendation. Options are: 1. Prohibit on-street parking of commercial vehicles in residential zones. 2. Increase the hours of restriction for on-street parking of commercial vehicles in residential zones. 3. No action. Committee Recommendation: Forward the Committee recommendation to the June 21, 2005 City Council Business Agenda for I Sl Reading of the ordinance. K'LUrC2()05'.()(j-l}(j-l)j COMMERCIAL VEHICLES ON-STREET PARKING DOC A TT ACHMENT A Auburn I hoW" max I hour max 7.5 20 No limit Operating Operating Bellevue prohibited prohibited 8 30 32,000 10:00 pm- 10:00 pm- 7:00 am 7:00 am Des . 6 hours max 6 hours max 7.5 20 10,000 Moines Everett Allowed Loadin only 8 20 16,000 Kent 2 hours max 2 hours max 8 20 8,000 Puyallup Loading only Loading only 7 No No limit . limit Over 1 ton Renton prohibited Prohibited No No 12,000 9:00 pm - limit limit 6:00 am Tacoma 1 hour max I hour max No No 12,000 limit limit King Prohibited Prohibited No Midnight - Midnight - 6.67 No limit County 6:00 am 6:00 am limi t Current Prohibited Prohibited Federal Midnight - Midnight - 6.67 No No limit Way limit Code 6:00 am 6:00 am ---- ,.,...- -.... Commercial Vehicle Parking Tickets Issued 1/1/97-5/25/05 Violation Date Address Parkinq Offense 1998 10/22/98 23: 10 1 A V S 363 ST 15.80.2 Year Total: 1 1999 3/24/99 1 :00 1200 SW 346 15.80.2 2/18/99 2:30 1200 SW 360 ST 15.80.2 7/18/99 4:20 1308 SW 314TH 15.80.2 10/15/99 2:20 18 S E OF SR99 15.80.2 10/15/99 2:00 29400 BLK OF 21PL S 15.80.2 8/22/99 0: 13 341001 PL S 15.80.2 10/15/99 4:05 3A V SW I SW356 15.80.2 10/15/99 5:20 500 S 320 15.80.2 10115/99 2:40 6 SWI SW305 15.80.2 4/13/99 .14:00 600 SW 356 ST 15.80.2 10/20/99 0:27 S296/21AVS 15.80.2 10115/99 0:45 SW 340 11 WY S 15.80.2 10/15/99 0:30 SW 340 W OF 1ST 15.80.2 10115/99 0:40 SW340 W OF 1ST S 15.80.2 Year Total: 14 2000 3/8/00 7:43 1000 S 340 ST 15.80.2 10/18/00 1:05 1700281 PL S 15.80.2 717100 5:17 1700 S 330 15.80.2 2/12/00 4:55 1700 SW 330 ST 15.80.2 6/13/00 4:20 1800 S 330 15.80.2 2/12/00 4:50 1800 S 330 ST 15.80.2 2/12/00 4:47 1900 S 330 ST 15.80.2 2/12/00 4:40 1900 SW 330 ST 15.80.2 6/28/00 0:20 200 S 328 15.80.2 3/28/00 1 :25 200 S 342PL 15.80.2 812100 1:14 2000 S 342 PL 15.80.2 6/29/00 3:35 2100 S 296 15.80.2 6/9/00 1:15 2100 S 296ST 15.80.2 5/23/00 0:30 2100 S 341 PL 15.80.2 3/21/00 1:05 2100 S 342PL 15.80.2 8/24/00 2:34 2200 S 330 15.80.2 8124/00 2:45 2200 S 330 15.80.2 6121/00 0:30 23400 20AV S 15.80.2 8124/00 2:10 2500 S 342PL 15.80.2 6128/00 1:09 29600 ST S 20 AVE 15.80.2 6/9/00 1 :27 29800 18AV S 15.80.2 6126/00 0:36 30 S 342 PL 15.80.2 1/1/00 0:01 3310038 AV SW 15.80.2 5/23/00 0:25 33800 1 PL S 15.80.2 8/2/00 1:06 34000 1 CIRCLE S 15.80.2 11/4/00 5:30 3507 SW 339TH PL 15.80.2 11123/00 5:20 3800 SW 342 ST 15.80.2 11/23/005:25 3900 SW 342 ST 15.80.2 5120/00 4:00 LEXINGTON TOWNS 19PL 15.80.2 8/21/00 0:25 S 34000 S 342 PL 15.80.2 Year Total: 30 001 1/24/01 12:44 1100 S 322 PL 15.80.2 12/12/01 1:45 1200 SW 325 PL 15.80.2 1/23101 0:00 1700283 ST 15.80.2 2120/01 0:40 200 S 328 ST 15.80.2 9/27/01 1:25 2100 SW 296 ST 15.80.2 7/22/01 3:20 2400 S STAR LAKE RD 15.80.2 7/22/01 3:28 2400 S STAR LAKE RD 15.80.2 1/17101 1:00 29000 18 AV S 15.80.2 12/31/01 0:20 2940021 AV S 15.80.2 3/22/01 2:15 316063 PL SW 15.80.2 3/22/01 2:28 317003 PL SW 15.80.2 3/20/01 8: 15 31800 3RD PL SW 15.80.2 1/24/01 1:30 34400 35 PL SW 15.80.2 4/4/01 1:15 . 35500 25 A V SW 15.80.2 4/4/01 1:00 600 SW 352 ST 15.80.2 1/18/01 1:00 700 SW CAMPUS DR 15.80.2 Year Total: 16 )02 11/27/02 1:14 1100 S 299 PL 15.80.2 1217/02 1:40 2300 SW 333 PL 15.80.2 12/20/02 1:52 2950021 PL S 15.80.2 4/24/02 2:21 3270020 WAY S 15.80.2 6/13/02 0:50 34600 27 A V SW 15.80.2 2/9/02 1 :35 600 S 302 ST 15.80.2 Year Total: 6 103 9/19/03 0:01 306002 AV S 15.80.2 9/25/03 0:54 1400 S 303 ST 15.80.2 5/1/03 0:25 1900 S 327 LN 15.80.2 3/13/03 5:05 2122 SW 352 ST 15.80.2 3/13/03 4:45 2132 SW 316 ST 15.80.2 9/26/03 0:41 2400 S ST ARLAKE RD 15.80.2 10/1/03 0:47 2500 S STAR LAKE RD 15.80.2 10/18/03 0:10 2500 S STAR LAKE RD 15.80.2 3/13/03 5: 1 0 2500 SW 352 ST 15.80.2 10/1/03 0:53 25000 S STAR LAKE RD 15.80.2 10/1/03 0:50 27300 STAR LAKE RD 15.80.2 11/15/03 0:56 27500 STAR LAKE RD 15.80.2 10/1/03 0:30 28400 18 PL S 15.80.2 8122J03 0:02 28500 18 AV S 15.80.2 4/8/03 2:55 2950021 PL S 15.80.2 4/8103 3:00 2950021 PL S 15.80.2 9/25/03 0:21 30200 25 PL S 15.80.2 3/13/03 4:20 303006AV SW 15.80.2 9/19/03 0:10 30400 1 PL S 15.80.2 3/13/03 4:10 304003AVS 15.80.2 8/14/03 0:07 30600 1 PL SW 15.80.2 3/13/03 4:25 30800 16 AV SW 15.80.2 3/13/03 4:30 30800 16 AVE SW 15.80.2 11/10/03 23:45 31711 32 AV SW 15.80.2 9/12/03 0:37 323005 AV S 15.80.2 313/03 3:00 32500 7 PL S 15.80.2 8/21/03 0:53 32700 19 PL S 15.80.2 9/12/03 1:00 32800 S 330 PL 15.80.2 3/3/03 1 :00 32858 9 PL S 15.80.2 -- 2003 continued 3/28/03 4:39 3290519 Pl S 15.80.2 9/12/03 0:53 33000 328 Pl S 15.80.2 3/13/03 5:25 345008 AV SW 15.80.2 9/20/03 0:27 35700 1 AV S 15.80.2 4/9/03 1:10 520 S 323 Pl 15.80.2 3/13/03 3:50 714 S 325 ST 15.80.2 10/2/03 0:53 82505 AV S 15.80.2 Year Total: 36 2004 2/16/04 4:00 2500 S 311 ST 15.80.2 2/16/04 3:25 28400 18 AV S 15.80.2 2/16/04 3:25 2840018 AV S 15.80.2 3/18/04 2:22 32650 9 Pl S 15.80.2 Year Total: 4 2005 1/19/05 2:11 1800 S 369 ST 15.80.2 2/4/05 0: 15 329003 AV SW 15.80.2 2/11/05 0:14 330030 AV SW 15.80.2 4/29/05 2:42 33221 37 AV SW 15.80.2 2/5/05 0:58 33303 30 A V SW 15.80.2 2/3/05 2:57 3605 SW 330 ST 15.80.2 Year Total: 6 1/1/97-5/25/05 Total: 113 MEETING DATE: October 4, 2005 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: AMENDMENTS TO FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE XVIII, "SIGNS" ADDING A . ..~~(?Y~~~ON FC?~!\....!:.!l~.~.~~.y'...~~Q!~!-~m~~~~m~.~.!..I!:..~.Q.~.y'..,..... ................................................................. ............. ..........m ......m.mmmmmm_ mmm_._mm , CATEGORY: BUDGET IMPACT: D CONSENT [8J ORDINANCE Amount Budgeted: $ D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $ D CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $ ATTACHMENTS:'" (I) Proposed Ordinance with Exhibit'A"(Amendm{mts"t~' FWCC Chapte~i2;ArticleXVII:r: "Signs") m..................................... .SUMMARY/jjACKGROUN.j)';......The.purposeoi.theproposeclamendments-lsto amend FWCC Chapier"22;"'Artlcle' xVlIi;"',"S'igns;';-in order to adopt regulations for a new freeway profile sign category for properties adjacent to 1-5 that are located in the City Center Core (CC~C) and Community Business (BC) zones. A new definition for advertised activity and an amended definition for animated or moving sign are also proposed. The Planning Conunission conducted a public hearing on April 20, 2005, which was continued to June 15,2005, and July 27,2005. WAC Chapter 468-66, "Highway Advertising Control Act," which regulates signs visible from 1-5, has no restrictions on size of signs located 50 feet or less from an advertised activity. The staff recommended that signs not regulated by the Washington State Department of Transportation (WSDOT) have a maximum area per face of 250 square feet for a total of 500 square feet for all faces. The Planning Commision voted (three yes to two no) to increase the maximum allowable sign area from 250 square feet per face as recommended by staff to 300 square feet per face. Because there was not a majority vote of the full Commission (four yes votes), the recommendation to increase the maximum area per face to 300 square feet did not pass, and was forwarded to the LUTC and City Council as "no recommendation." The remainder of the proposed code amendments were recommended for approval by the Planing Commission. . ..................._ ...mm .......__.___...._.........._..._ ........._._..___..................................................................."........"....."".."".."",,,..,,,,..,,"',,...",..,"',,,,.,."...,.",,,,,,,,..".,,...,.,,,,,.~......,,,,,..,,...,,..,,...,..,,,,,......,..,,............................ ..........-.........--.-..-.........-...-.-......-..........- .........".-..-....".,.."'-...".'"''''''......"........'''''''''..'''.,...'''......"......... CITY COUNCIL COMMITTEE RECOMMENDATION AND PREVIOUS COUNCIL ACTION: During the September 6, 2005, LUTC meeting, the LUTC discussed the Planning Commission's recommendation and made a motion to send the proposed code amendments to the City Council without a recommendation in order to continue discussion by the full Council on September 20, 2005. During the September 20, 2005 meeting, the Council made a motion to adopt the code amendments as recommended by the Planning Commission with one additional amendment to allow a maximum area of 300 square foot area per sign face for signs, which are located 50 feet or less from an advertised activity or are otherwise unregulated by the State. ....__.._._...._.,._._....._.._-_......_~.-._~......~._.._......_.._..............................,,,............,,......,.......,,,...,,......,,,..............,,,.....,......"...."'~.....".."...".."''''."",.."..,.....,",.,"...,,,................,,..,,...,,'',..................~..........._..........__._.__.__.._..........__..._........,....,.,.""""""""""'."""......"'".........,,.........,...................~.......~.._~..._...........-.-.--...... PROPOSED MOTION: "I move approval of the ordinance adopting amendments to FWCC Chapter 22, Article XVIII, "Signs," and enactment on October 4,2005." ~~~~~:,----~-----------~-- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED COUNCIL BILL # ~ D DENIED 1 ST READING 9. uJD..r. 1115 P-..-ltA' D. TABLED/DEFERRED/NO ACTION ENACTMENT READING ~ MOVED TO SECOND READING (ordinances only) ORDINANCE # as dMut.cl<-ei RESOLUTION # [;12005 Code Amendmenl,IFreeway Commercial Sign,ICilY Coundll2nd Readingll00405 AGENDA lllLLdoc CITY OF FEDERAL WAY ORDINANCE NO. 05 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE XVIII, "SIGNS," ADDING PROVISIONS FOR A FREEWAY PROFILE CATEGORY SIGN (AMENDING ORDINANCE NO'S. 90-43,91-113,92-135,92-144,95-235,96-270,97-307, 99-342, 99-348, 99-357, 01- 398, 05-486) WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); WHEREAS, the City of Federal Way finds that amending Federal Way City Code (FWCC) Chapter 22, Article XVIII, "Signs," meets the intent of Chapter 36.70A RCW, Growth Management; WHEREAS, the City of Federal Way finds that these code amendments will implement and are consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on April 20, 2005, June 1, 2005, and July 25, 2005, and forwarded a recommendation of approval to the City Council with the exception of no recommendation on the maximum size of signs where they are unregulated by the State; WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on September 6, 2005, following which it made a motion to send the proposed code amendments to the City Council without a recommendation in order to continue discussion by the full Council on September 20, 2005; WHEREAS, the Federal Way City Council considered these code amendments on September 20, 2005, following which it made a motion to adopt the code amendments as recommended by the Planning Commission with one additional amendment to allow a maximum area of 300 square foot area per sign face Ord No. 05- , Page 1 for signs, which are located 50 feet or less from an advertised activity or are otherwise unregulated by the State; WHEREAS, the City Council finds that the code amendments to adopt regulations for signs adjacent to 1-5 within the City Center Core (CC-C) and Community Business (BC) zones are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare ofthe general public. Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2.. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the Federal Way Comprehensive Plan (FWCP) goal to encourage success of businesses in Federal Way by attracting the regional customer passing through the area by freeway. Limiting the number of signs, size of signs, and types of signs permitted along 1-5 is consistent with the FWCP goal to improve the appearance and function of the built environment. 2. The proposed FWCC text amendments bear a relationship to the public health, safety, and welfare because they provide an opportunity for local businesses to increase their business through advertising to regional customers. Freeway profile signs will attract business into the City that may not be attracted otherwise. This adds to the tax base of the City, which provides City resources to its citizens. And 3. The proposed FWCC text amendments are in the best interest of the residents of the City because they may foster additional business while limiting the number of signs, location, and type to minimize visual impact. Section 3. Amendment. FWCC Chapter 22, Article XVIII, "Signs," is amended as set forth in the attached Exhibit A. Ord No. 05 - , Page 2 Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the day of ,2005. ApPROVED: Mayor, Dean McColgan ATTEST: . InterimCity Clerk, Jason Suzaka APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: 1:\2005 Code Amendments\Freeway Commercial Signs\City Council\2nd Reading\I00405 Adoption Ordinance.doc Ord No. 05- , Page 3 EXHIBIT A Federal Way City Code Chapter 22. Article XVIII. SIGNS Sections: 22-1596 Purpose. 22-1597 Definitions. 22-1598 Scope. 22-1599 Permits. 22-1600 Prohibited signs. 22-1601 Signs in nonresidential zoning districts. 22-1602 Construction standards. 22-1603 Variance from sign code. 22-1604 Compliance and enforcement. 22-1605 Reserved - Comprehensive design plan. 22-1606 - 22-1629 Reserved. 22-1597 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) Abandoned sign means any sign remaining in place after a sign has not been maintained for a period of90 or more consecutive days or if the activity conducted on the subject property ceases for 180 consecutive days. (2) Administrator means the director of community development or his/her designated representative. (3) Advertised activity for Freewav Profile Signs. For the purpose of measuring from the advertised activity for an individual business. the distance shall be measured from the sign to the nearest portion of that building. storage. or other structure or processing area which is the most regularlv used and essential to the conduct of the activity. and for a center identification sign. which identifies businesses within a multi-tenant complex. the distance shall be measured from the sign to the nearest portion of the combined parking area of the subiect property. ~ illAnimated or moving sign means any sign that uses movement; by either natural or meehanieal means, or ehaflge of lighting, either HaMal or artificial, to depict aeti0fl to erea-te a speeial effeet or seene. or the appearance of movement of a sign display through the use of patterns of lights. changes in color or light intensity. computerized special effects. video disvlav. or through any other method chasinlZ or scintillating lights. fluttering or moving lights. lights with stroboscopic effect. or containing elements creatinlZ sound or smell: except for the scrollinlZ of a static message. scene. or color onto or off a sign board in one direction per message. 1:\2005 Code Amendments\Freeway Commercial Signs\City Council\2nd Reading\Definitions.doc @2004 Code Publishing Co. Page 1 Federal Way City Code Chapter 22. Article XVIII. SIGNS 22-1601 Signs in nonresidential zoning districts. (a) Freestanding signs. Permit applications for freestanding signs shall be designated as qualifying for a high profile, medium profile or low profile sign, based upon criteria regarding both the size and zoning designation of the development. The sign profile designation shall control the sign types, sign height, sign area and number of signs allowed. In. addition to the categories available in FWCC 22-1601 (a) (1) and (2). a subiect property mav be permitted an additional freestanding sign if it meets the criteria contained in FWCC 22-1601(a)(4). Separate parcels or pads for single-tenant buildings that comply with all zoning requirements for single-tenant parcels, excluding access, and are not otherwise tied to an adjacent multi-tenant center by virtue of architectural style or theme, are permitted one freestanding monument or pedestal sign not to exceed a maximum sign area of 80 square feet for the total of all sign faces with no one sign face exceeding 40 square feet. (1) High profile sign. a. Criteria. A subject property meeting all of the following criteria is permitted a high profile freestanding sign: 1. A minimum of 250 feet of frontage on one public right-of-way; 2. A zoning designation of city center core (CC-C) or city center frame (CC-F), or community business (Be); 3. A multiuse complex; and 4. A minimum site of 15 acres in size. b. Sign types. The following sign types are allowed for a high profile sign: 1. Pylon or pole signs; provided, however, that any pylon or pole sign must have more than one pole or structural support; 2. Pedestal signs; 3. Monument signs; 4. Tenant directory signs; and 5. Kiosks. Sign content for any pylon or pole sign, or for any pedestal or monument sign in lieu of a pylon or pole sign, may include electronic changeable messages, center identification signs and/or changeable copy signs. Any high profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. c. Sign height. A high profile sign shall not exceed the following maximum heights: 1. Pylon or pole sign: Twenty-five feet; 2. Pedestal or monument signs: Twelve feet if in lieu of a pylon or pole sign. Otherwise, pedestal and monument signs shall not exceed five feet; 3. Tenant directory or kiosk signs: Six feet unless the sign is set back a minimum of 50 feet from any public right-of-way, in which case it may be 10 feet. d. Sign area. A high profile sign shall not exceed the following maximum sign areas: 1. Pylon or pole sign: 400 square feet for the total of sign faces with no one sign face exceeding 200 square feet; 2. Pedestal or monument signs: 128 square feet for the total of all sign faces with no one face exceeding 64 square feet; 3. Tenant directory or kiosk signs: 15 square feet per sign face. Federal Way City Code, Chapter 22, Article XVIII, "Signs" Page I e. Number of signs. A subject property qualifying for a high profile sign may have the following maximum number of signs: 1. Pylon or pole sign: One sign unless the subject property has an additional 500 feet of street frontage for a total of 750 feet of aggregate frontage on any public rights-of-way, in which case the subject property will be allowed one additional high profile sign, not to exceed a maximum of two such signs per subject property; 2. Pedestal or monument signs: If the pedestal or monument sign is in lieu of a pylon or pole sign, the number of signs allowed shall be determined pursuant to subsection (e)(1) of this section. In addition, two monument signs which identify the name of any multiuse complex are allowed, per entrance from a public right-of-way, not to exceed five feet in height; and 3. Tenant directory or kiosk signs: One sign per frontage on a public right-of-way. (2) Medium profile sign. a. Criteria. A subject property that does not qualify for a high profile sign pursuant to subsection (a)(1) of this section and is not a low profile sign by being zoned office park (OP) or professional office (PO) pursuant to subsection (a)(3) of this section is permitted a medium profile freestanding sign. b. Sign types. The following sign types are allowed for a medium profile sign: 1. Pedestal signs; and 2. Monument signs. Sign content for any medium profile sign may include electronic changeable messages, center identification signs and/or changeable copy signs. Any medium profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. c. Sign height. The height of a medium profile sign shall be calculated at the rate of 0.75 feet in the sign height for every 10 lineal feet of frontage on a public right-of-way; provided, however, that sign height shall be calculated at the rate of one and one-half feet in sign height for every 10 lineal feet of frontage on a public right-of-way for any multi-tenant complex; and provided further, that such sign shall not exceed a maximum height of 12 feet and every applicant is entitled to a minimum height of five feet. d. Sign area. For any multi-tenant complex, sign area allowed for a medium profile signs shall be calculated at the rate of two square feet per lineal foot of frontage on a public right-of-way not to exceed a maximum sign area of 128 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 64 square feet. For other uses, sign area allowed for medium profile sign shall be calculated at the rate of one square foot per lineal foot of frontage on a public right-of-way not to exceed a maximum sign area of 80 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 40 square feet. Notwithstanding the foregoing sign area calculations, every applicant is entitled to a minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25 square feet. e. Number of signs. A subject property qualifying for a medium profile sign may have one pedestal or monument sign for each street frontage. Each street frontage exceeding 300 linear feet and containing more than one vehicular access is permitted one additional freestanding sign. No subject property may contain more than three freestanding signs regardless of total linear street frontage and no one street frontage may have more than two freestanding signs. Freestanding signs shall be located a minimum distance of200 feet from other freestanding signs on the same subject property. (3) Low profile sign. a. Criteria. A subject property located in the office park (OP) or professional office (PO) zone is permitted a low profile freestanding sign. b. Sign types. The following sign types are allowed for a low profile sign: 1. Pedestal signs; 2. Monument signs; and 3. Tenant directory signs. Federal Way City Code, Chapter 22, Article XVIII, "Signs" Page 2 Sign content for any pedestal or monument sign may include center identification signs and/or changeable copy signs. Any low profile sign may be an electrical sign, an illuminated sign, and/or a neon Slgn. c. Sign height. A low profile sign shall not exceed the following maximum heights: 1. Pedestal or monument signs: Five feet. 2. Tenant directory signs: Six feet unless the sign is set back a minimum of 50 feet from any public right.of-way, in which case it may be 10 feet. d. Sign area. 1. Pedestal or monument signs: Sign area allowed for a low profile sign shall be calculated at the rate of one square foot per lineal foot of frontage on a public right-of-way; provided, however, that a low profile sign shall not exceed a maximum sign area of 80 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 40 square feet, and every applicant is entitled to a minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25 square feet; 2. Tenant directory signs: 15 square feet per sign face. e. Number of signs. A subject property qualifying for a low profile sign may have the following maximum number of signs: 1. Pedestal or monument signs: One sign per frontage on a public right-of-way; and 2. Tenant directory signs: One sign per frontage on a public right.of.way. (4) FreewaY profile signs. In addition to the categories available in FWCC 22-1601 ( a) (1) and (2). a subiect propertv may be permitted an additional freestanding sign if it meets the following: a. Criteria. 1. Abuts the right-of-way of Interstate 5: 2. Is located in zoning designation ofCitv Center Core (CC-C)' or Community Business (Be). b. Sign type. A pvlon or pole sign is allowed provided. that any pylon or pole sign must have more than one pole or structural support: and its design must be compatable to the architecture of the primary structure on site or to the primary sign(s) alreadv permitted on the subiect property. Alternatively. a pylon or pole sign may have one pole or structural support if it results in superior design. which shall be subiect to the director's approval. Sign content for any pylon or pole sign. may include center identification signs provided. however. that all font sizes used are a minumum two (2) feet tall. Any freestanding freeway profile sign may be an illuminated sign. and/or a neon sign. Animated or movin~ signs and electronic changeable message signs shall not be permitted. c. Sign orientation. The sign must be oriented toward 1-5. be visible from 1-5 (not the off-ramps), and be located near the property line closest to 1-5. d.Sign height. If the subiect property has an elevation lower than the freewav. a freewav profile sign shall not exceed 25 feet above the elevation of the nearest driving lane of the freewav at a point nearest to the proposed location of the sign. If the subiect property has an elevation that is higher than the nearest driving lane of the freeway. then the sign shall be no taller than 20 feet above the average finshed ground elevation measured at the midpoint of the sign base. However. the maximum height of the sign can be increased to 40 feet above the average finshed ground elevation measured at the midpoint of the sign base in order to be visible above trees or other obstructions. subject to the director's approval. The sign height shall be measured by a licensed survevor and the applicant shall be responsible for providing the surveyor. e. Sign area. 1. For a subiect property with a multi-tenant complex. a center identification sign identifying only the name of the center shall not exceed 600 square feet for the total sign faces. with no one sign face exceedinl! 300 square feet. Federal Way City Code, Chapter 22, Article XVIII, "Signs" Page 3 ...-- 2. For a subiect property with a multi-tenant complex. a center identification sign. which identifies businesses within the multi-tenant complex. and which is located 50 feet or less from the advertised activity shall not exceed 600 square feet for the total sign faces. with no one sign face exceeding 300 square feet. 3. For a subiect property with a multi-tenant complex. a center identification sign, which identifies businesses within the multi-tenant complex. and which is located more than 50 feet from the advertised activity shall not exceed 300 square feet for the total sign faces. with no one sign face exceeding 150 square feet. No one dimension ofthe sign face may exceed 20 feet. 4. For a subiect property with a multi-tenant complex. a sign advertising iust one business shall be located 50 feet or less from the advertised activity with no one sign face exceeding 150 square feet. No one dimension of the sign face mav exceed 20 feet. 5. For a subiect property with a sinl!le-tenant building. a sign located 50 feet or less from the advertised activity shall not exceed 600 square feet for the total sign faces. with no one sign face exceedinl! 300 square feet. 6. For a subject property with a single-tenant building. a sign located more than 50 feet from the advertised activity shall not exceed 300 square feet for the total sign faces. with no one sign face exceedinl! 150 square feet. No one dimension of the sign face may exceed 20 feet. f. Number of signs. A subiect property qualifying for a freeway profile sign may have only one freeway profile sign per subiect property. The applicant shall be responsible for compliance with applicable federal. state and local laws including the Revised Code of Washington (RCW) 47.42 and the Washington Administrative Code (WAC) 468-66. -t41 ill Combined sign package for adjacent property owners. The owners of two or more properties that abut or are separated only by a vehicular access easement or tract may propose a combined sign package to the city. The city will review and decide upon the proposal using process III. The city may approve the combined sign package if it will provide more coordinated, effective and efficient signs. The allowable sign area, sign type, sign height and number of signs will be determined as if the applicants were one multi-tenant complex. (b) Building-mounted signs. (1) Sign types. The following sign types may be building-mounted signs and are allowed in all nonresidential zoning districts: a.Awning or canopy signs; b. Center identification signs; c. Changeable copy signs; d. Civic event signs; e. Directional signs, on-site; f. Electronic changeable message signs; g. Instructional signs; h. Marquee signs; i. Projecting signs; j. Tenant directory signs; k. Time and temperature signs; 1. Under canopy signs; and m. Wall-mounted signs. Any building-mounted sign may be an electrical sign, an illuminated sign, and/or a neon sign. (2) Sign height. No sign shall project above the roofline of the exposed building face to which it is attached. (3) Sign area. The total sign area of building-mounted signs for each business or tenant, excluding under canopy signs, shall not exceed seven percent of the exposed building face to which it is attached; provided, however, that no individual sign shall exceed a sign area of 240 square feet and every applicant Federal Way City Code, Chapter 22, Article XVIII, "Signs" Page 4 is entitled to a minimum sign area of 30 square feet. A multi-tenant complex which does not use a freestanding sign may have two additional wall-mounted signs. No one sign may exceed seven percent of the exposed building face to which it is attached, to a maximum of 240 square feet per sign. This sign is in addition to any other tenant signs on that building face. (4) Number of signs. The number of building-mounted signs permitted each user is dependent upon the surface area of the largest single exposed building face of his or her building as follows, excluding wall-mounted center identification signs: ILargest Exposed Building Face IIMaximum Number of Signs I Less than 999 sq. ft. II 2 I 1,000 ~ 2,999 sq. ft. 3 I 3,000 - 3,999 sq. ft. II 4 I 4,000 and over sq. ft. II 5 Buildings with more than 4,000 square feet on any exposed building face, with several clearly differentiated departments, each with separate exterior entrances, are permitted one sign for each different department with a separate exterior entrance, in addition to the five permitted. No sign or signs may exceed the maximum area permitted for that building face except as may be specifically permitted by this code. However, an applicant is allowed to move allotted signs, as calculated in subsection (b)(4) from one building face to another. Each business or use shall be permitted under canopy signs in addition to the other permitted building-mounted signs subject to the size and separation requirements set forth in FWCC 22- 1599(c)(2)(w). (c) Sign area multipliers. The sign area and sign number allowed, as set forth in subsection (a)(l)(d) of this section for high profile signs, (a)(2)(d) of this section for medium profile signs, and (a)(3)(d) of this section for low profile signs and subsection (b)(3) of this section for building-mounted signs may be increased in the following instances; provided, however, that in no event shall the sign exceed the maximum sign area allowed: (1) If no signs on the subject property have internally lighted sign faces, then the total sign area allowed may be increased by 25 percent. (2) If all signs, other than center identification signs, are building-mounted signs, the total sign area allowed may be increased by 25 percent. (3) A time and temperature sign may be included with any sign and such time and temperature signs shall not be included for purposes of calculating maximum sign area or maximum number of signs. (Ord. No. 95-235, ~ 4, 6-6-95; Ord. No. 96-270, ~ 3(F), 7-2-96; Ord. No. 99-348, ~ 5,9-7-99; Ord. No. 99-357, ~ 6,12-7-99) 1:\2005 Code Amendments\Freeway Commercial Signs\City Council\2nd Reading\Code Language.doc Federal Way City Code, Chapter 22, Article XVIII, "Signs" Page 5 . MEETING DATE: October 4, 2005 ITEM# ~CM) ..."'""..,,"'.,...... . .......................-.....- ............,.........."", . ..... ........................................-....... ...."""',,,.."'...,,,,. . .. ..............""..""',,,."'. CITY OF FEDERAL WAY ;acH JIll- IXtj,t .. CCrlfJ .@iJ City Council AGENDA BILL SUBJECT: Cottages at Hoyt Road Preliminary Plat Modifications, File No. 98-104394-00-SU & 05-104602-AD ..............",................."".,_........................_._............""""""'''.'''........__._.........__......................."""".,..._.....___.._.._._..................."""'m....' .............................................., """""""",,,,,., ....................-....-- ........................................."....""......", CATEGORY: BUDGET IMP ACT: ~ CONSENT o ORDINANCE Amount Budgeted: $N/A ~ RESOLUTION o PUBLIC HEARING Expenditure Amt.: $N/A 0 CITY COUNCIL BUSINESS o OTHER Contingency Req'd: $N/A """"',...."'"..~._.........._........_..................,..,,.",."....., ....................m.._._...~.....,.,..,.....,......,,"""'.....______..._ .................."".........".,,-...-...-..-.-.-.-- .............- ....................,.. """'.,..""".."""'''....__...._...____ .................................... """"""""""""'..'''..,..--.,.........--.---..--~~ ATTACHMENTS: September 27,2005, staff report with attachments to City Council Land Use/ Transportation Committee, and draft Preliminary Plat Modification Resolution. .....__.__._._..........................."""......._.__...._._._ ................."""""...",,_,__._____......................................_."___...___...m..~..._............"...".,...'."'"..",,......'""..."'''''''''........._.......______.~......................,'''''''''.....""..,,,"'.,_,_, .........__ .............m..___... ............................. SUMMARYIBACKGROUND: The applicant has proposed modifications to a preliminary plat that was approved by the City Council on October 16,2001, and revised July 6,2004. Specifically, the applicant has requested to revise the design ofthe approved preliminary plat, including modifying the slopes and retaining wall configuration along the northwest portion of the approved preliminary plat, slightly re-align the northern roadway, remove potential hazard trees in the native growth protection easements, and replant areas where trees and vegetation have been removed. Modifications to the preliminary plat will result in the construction of approximately 100 linear feet of retaining wall extensions along the northwest portion of the site, addition of a new approximately 325MfootMlong retaining wall, an increase in the height of existing and proposed retaining walls, steepening of slopes along the northwest portion of the site, increase the area of clearing and grading, slight re-alignment to the northern roadway, and the removal of mature trees within the NGPE and replacement with new plantings. ..............."......"...,'~,~~""__......_._.___......_.............. """.",.."",,,,,.,.., mmmm.._._m_.....~...........................,.."'_.."mm__mm.._..___.~_.._.. ........"""""""""..., """""",...w,.,..~.._...m_.____mm.__mm_._..__m.... ..........".."..""",..."", . ... . mmmmmmm.._..m._._mmmm_........~.... CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC voted to recommend to the full City Council conditional approval of the Cottages at Hoyt Road preliminary plat modifications, finding the modifications in substantial compliance with the approved preliminary plat. ____._..__..._..................................."'.'._mmmm._.._...mm.._...._._._..."..,"""""',...,'___..__.__._____._m..~............."..,......."""""".._..__.___m.__..._.._m.........__..........._....._.............."....,..,..""............."......"w".."..'.'mm._.._m..._ .......,......................"'''...'''''.'m. PROPOSED MOTION: "J move approval of the Resolution conditionally approving the Cottages at Hoyt Road preliminary plat modifications as recommended in the September 27,2005 staff report." ~-~~~R~----~-- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION:, ~ IFf APPROVED 'CYY!()S COUNCIL BILL # o DENIED ~-O <ft2lFb"5'fVt' 1 ST reading 0 TABLED/DEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASIDNGTON, MODIFYING THE APPROVED PRELIMINARY PLAT FOR THE COTTAGES AT HOYT ROAD, FEDERAL WAY FILE NO's. 98-104394-00 SU and 05-104602-00-AD. WHEREAS, on November 16, 1998, the applicant, Mr. Rick Williams, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as the Cottages at Hoyt Road and consisting of 16.4 acres into forty (40) single-family residential lots located in the 33300 Block of Hoyt Road SW, on the east side of the street; and WHEREAS, on May 26, 2001, a Mitigated Detennination of Non sign ificance (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, pursuant to City Council Resolution 01-349, on October 16, 2001, the City Council approved the Cottages at Hoyt Road 40-lot preliminary plat, in compliance with Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes; and WHEREAS, on July 6,2004, the City Council considered the applicant's request for a revision to the preliminary plat, and found the revised preliminary plat in substantial conformance with the approved preliminary plat; and WHEREAS, the Cottages at Hoyt Road plat is currently under construction, and the applicant found during the course of construction that the topography along the northwest portion of the site was not properly surveyed, and the survey shows the topography 10 feet higher than field conditions; and WHEREAS, the applicant has provided a tree evaluation identifying up to 30 trees on-site and off-site that are deemed potentially hazardous, and the City's third party arborist has identified an additional eight on- site potential hazard trees to remove, and 14 trees to monitor; and WHEREAS, on September 10,2005, the applicant, Trinity Land Development requested to modifY the preliminary plat as follows: modifY the slope and retaining wall configuration along the northwest portion of Res. # , Page 1 the approved preliminary plat, slightly re-align the northern roadway, remove potential hazard trees in the native growth protection easements, and replant areas where trees and vegetation have been removed; and WHEREAS, on September 19, 2005 and October 3, 2005, the City Council Land Use/Transportation Committee (LUTe) considered the request for the preliminary plat revision, found the revised preliminary plat in substantial conformance with the approved preliminary plat and voted to forward a recommendation for conditional approval of the Cottages at Hoyt Road revised preliminary plat to the full City CounciL 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 Conclusion. The findings offact and conclusion of the Department of Community Development Services September 13, 2005 memorandwn and September 27,2005 memorandum and recommendation to the LUTC, are hereby adopted as the findings and conclusion of the Federal Way City CounciL Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. Section 2. Application ApprovaL Pursuant to FWCC Section 20-136(b), based upon the recommendation of the Department of Community Development Services and findings and conclusion contained therein as adopted by the City Council immediately above, the revised preliminary plat for the Cottages at Hoyt Road, Federal Way File No's. 98-104394-00-SU and 05-104602-00-AD, is hereby found to be in substantial conformance with the approved preliminary plat, and such revisions are hereby approved subject to all requirements of the Federal Way City Code and conditions contained and referenced in City Council Resolution 0 1 ~349, City Council Resolution 04-416, and the September 27, 2005, staff report to the Land Use/Transportation Committee. 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 Res. # , Page 2 resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way 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 affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City CounciL RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS DAY OF ,2005. CITY OF FEDERAL WAY MAYOR, DEAN MCCOLGAN A TIEST: INTERIM CITY CLERK, JASON SUZAKA Res. # , Page 3 ApPROVED As To FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No. Res. # , Page 4 '. ~. CITY OF ~ Federal Way DEPARTMENT OF COMM.UNITY DEVELOPMENT SERVICES MEMORANDUM DATE: September 27,2005 TO: Jack Dovey, Chair Land Use/Transportation Committee FROM: Jim Harris, Senio, Planne, (j \\. ~ WIlham Appleton, Development ServIces Manager VIA: DaVidM~' RE: Cottages at Hoyt Road Revised Preliminary Plat Application No's. 98~104394-00-SU and 05-104602-00-AD MEETING DATE: October 3, 2005 - I. STAFF OVERVIEW Trinity Land Development has requested to revise the design of the Cottages at Hoyt Road preliminary plat, which is currently under construction. Specifically, on September 10, 2005, the applicant requested modifications to the approved preliminary plat as follows: modify the slope and retaining wall configuration along the northwest portion of the approved preliminary plat, and remove up to 30 trees located within Native Growth Protection Easements (NGPE) around the perimeter of the site. Proposed changes to the Cottages at Hoyt Road preliminary plat are significant enough to warrant review by the Land Useffransportation Committee (LUTe) and City Council in order to determine if the resulting plat would remain in substantial conformance with the approved preliminary plat, or if the proposed revisions are not in substantial compliance with the approved . p~Uminary plat. At the September 19,2005, LUTe meetjng, City staff provided an overview of two revisions to the Cottages at Hoyt Road preliminary plat, which were requested by Trinity Land Development. The September 13,2005, staff report to the LUTC is attached to this memo as Exhibit E. Following discussion of the proposed revisions at their September 19, 2005 meeting, the LUTC requested further infonnation regarding five items as discussed below. Each LUTC request is identified in bold, and the City staff response follows each item. Cottages at Hoyt Road Revised Preliminary Plat File #05.104602..QO-AD I Doc ID 33336 LUTe Memo Page I . l. The LUTe requested information regarding the al)pearance of the proposed retaining walls. Staff Response: The applicant has provided engineering plans, cross sections, elevation views, photos, and catalog samples of the proposed retaining wall design and materials (Exhibit A). The proposed walls are made of rough face concrete block. For this project, which is currently under construction and had an unexpected ten-foot error in the topographic survey, the proposed retaining walls substantially comply with the approved preliminary plat, provided the condition recommended by City staff is approved. 2. The LUTe requested the developer to meet with neighbors regarding proposed revisions to the preliminary plat including proposed removal of trees within the perimeter Native Growth Protection Easements (NGPEs) and proposed re-veget?ltion plaus. Staff Response:. Following discussion of the proposal at the September 19", 2005 LUTe meeting, the applicant and City staff met with neighbors of the Cottages at Hoyt Road projecL lbe developer has also scheduled a meeting with several neighbors at the site on Wednesday, September 28, 2005. This reJX>rt was prepared prior to the mceting; therefore, the dcveloper will updatc the City Council committee on this topic at the October 3,2005 LUrC meeting. City staff will attend the site meeting. 3. The LUTC requested the developer to provide a survey showing the locatiou and extent of encroachments into the NGPEs during site construction. Staff Response: On September 26,2005, the developer provided City staff with a survey of the areas where construction activities encroached into the NGPEs. The survey map shows approximately 14 areas of encroachment. The areas of encroachment range from sizes of a couple feet of depth and width, to the largest encroachment area approximately 80 feet in width and 80 feet deep at the widest location (Exhibit B). Please see item fivc below, regarding restoration and replanting ofNGPE construction encroachment areas. 4. The LUTC requested a copy of the arborist report prepared for the City to review the developer's arborisi report by Washington Forestry Consultants. Staff Response: A copy of the September 14, 2005, report and findings by Urban Forestry Services me, reviewing the findings of the Washington Forestry Consultants September 2,2005, report is attached (Exhibit C). Following the September 19,2005 LUTC meeting, City staff requested our consulting arborist . ,'.- . to conduct an additional site visit to evaluate and report on the following: a) NGPE trees which have been impacted by approved construction which are now subject to root disturbance; b) NGPE trees which have been impllcted by unauthorized encroachment into the NGPEs; c) trees located in the NGPE which were dead, dying, or dangerous prior to plat construction; and d) perimeter NGPE trees remaining which arc exposed to wind throw as a result of site development. A copy of the forthcoming arborist report will be provided to LUTC members at the October 3, 2005 meeting. - Cottages at Hoyt Road Revised Preliminary Plat file #05-104602-QO-AD I Doc ID 33336 Lure Memo Page 2 5. The LUTC requested a plan be prepared by the developer for restoration and re- vegetation of the following areas: sloped areas cleared through (Jlat construction; areas of unauthorized clearing in NGPEs; and areas iu NGPEs where the developer is requesting to remove hazardous trees. Staff Response: On September 27,2005, the applicant provided preliminary landscape plans by Barghausen Consulting Engineers (Exhibit D) for the following areas; additional areas proposed to be cleared as a result of the proposed grade changes; arcas ofunauthonzed clearing in NGPEs; an additional expanded NGPE generally located between the eastern NGPE and the easternmost retaining wall; and areas in the NGPE whcre the developer is requcsting to remove hazardous trees. The preliminary landscape plan prcpared by Barghausen Consulting Enginecrs docs not implcment landscaping with native trees, shrubs, and groundcover to the extent City staff considers appropriate in each of the affected areas described above. Therefore, staff has recommended a condition of approval pertaining to landscaping. For this project, which is currently under construction and whereby an arborist report has been provided to the City describing approximately 25 potentially hazardous trees on the site, removal of the additional hazardous trees is warranted. The proposed tree removal and proposed re- landscaping substantially complies with the approved preliminary plat, provided the conditions recommended by City staff are approved. II. LUTC OPTIONS Two options were provided for the LUTC consideration in the September 13, 2005 staff report (Exhibit E). OI. MODIFIED STAFF RECOMMENDATION City staff recommends the LUTC fotward to the City Council and direct City staff to prepare a resolution, finding the modified preliminary plat in substantial compliance with the approved preliminary plat, subject to conditions I and 2 below, and allowing the applicant to proceed to engineering design, final landscape plan design, and construction of the modified preliminary plat subject to the following conditions: I. A landscape plan shall be prepared by a landscape architect in consultation with a certified arborist for approval by the Department of Community Development Services. All landscaping shall be installed prior to final plat approval. ,. 1)1e intent of the landscaping is to mitigate for loss of vegetation during the site development. ~ -The landscape plan shall be designed to replant the NGPE's and impacted construction areas with appropriate sizes and types of native trees, shrubs, and groundcover in all areas, to provide an extension of the existing remaining forest community on the site. The landscape plan shall address each of the following: a. All areas ofNGPEs impacted by hazard tree removaL b. All areas ofNGPEs impacted by unauthorized clearing. c. The expanded easterly NGPE area, generally located between the approved Cottages at Hoyt Road Revised Preliminary Plat File #05-104602.()()-AO I Doc 1033336 LUTC Memo Page 3 eastern NGPE boundary and the eastern most retaining wall, on all the lots along the east side of the plat. d. All areas outside NGPEs and outside lot areas that have been cleared as a result of plat construction. c. Existing mature vegetation shall be retained in the NGPEs to the maximum extent possible. f. Appropriate irrigation systems shall be provided for the planted areas. 2. The retaining wall design shall be approved by the Director of Community Development Services, shall include wall design with a maximum height of 10 feet above grade, and shall promote residential design themes through such means as terracing, orientation, color, material selection, anti-graffiti treatment, vegetation screening, pattern, and textural treatment. EXlllBITS A. Retaining Wall Design Materials B. NOPE Construction Encroachment Map C. Arborist Report by Urban Forestry Consultants, September 14,2005 D. Preliminary Landscape Plans by Barghausen Consulting Engineers, September 27,2005 E. September 13, 2005, Staff Report to the LUTC with Exhibits mittee Report ~~~l- Michael P .. ber Eric Faison, Member Cottages at Hoyt Road Revised Preliminary Plat File #05-104602-OO-AD I Doc ID 33336 LUTC Memo Page 4 . t ( .,', @ GRAVITY STONE 1111 "". -,- --..,--- So Simple So Advanced -...---..- . .:::' lightweight Components l; Unique Design and ( High Connection Strength Construction Flexibility to Geotextile ~ Easy Installation Hybrid Walls < Create Fences, Pillars, and Vertical and Battered Walls Planters with the Same Variety of Colors & Textures Components GravityStone'" is a patented segmental system that equips designers and contractors with an innovative building product for RETAINING EARTH and constructing above-grade BARRIERS. GravityStone utilites two separate and standard design methods: M.S.E., a~d Modular, while a third, hybrid design, is created by joining the two. Mechanically Stabilized Earth Systems have grown dramatically since combining Geotextiles with cost effective and attractive S.R.U.'s. GravityStone enhances the M.S.E. advantage with its unique design that allows multiple solutions for a site. When used with Geotextiles, the units and assemblies comprising GravityStone provide high COnnection strength, and unique design flexibility to fit the changing needs of a site. GravityStone's three units and assemblies provide distinct capabilities. For Fill sites of intennediate height (6-1 S feet tall) GravityStone's Standard Unit used with Geotextile provides the most efficient and cost effective solution. The Standard Unit is an easy to handle 12" deep block that contains approximately 45% open area. This logical design is ergonomically correct and functionally proper; allOWing ease of handling during construction. and high connection strength. Cut or Fill sites requiring walls taller than I 5 feet are most economically served with the Mini-Cell assembly used in conjunction with higher strength Geotextiles. Mini-Cell's lightweight components easily aJisemble, into a deep, stable face that allows over 50% of the Geotextile to be eliminated from a standard design. Wall designs often require barriers (fences), On top, that provide fall protection or privacy. GravityStone accommodates this requirement with its modular components. By simply connecting two Thin Faces together with an Anchor/Junction. double sided walls easily interlock and col'ltinue from a-top the retaining wall. In doing so the walls blend beautifully together, providing benefit of appearance, design, and construction. Barrier wall assemblies can be of various widths, and used for planters. or pilasters. When utility space immediately behind the wall is at a premium, or when lower sections of an embankment require a cut, Hybrid Walls are the most applicable design. Hybrid Walls combine the function of M.S.E. and Modular, and are utilized vertically, one on top of the other. GravityStone Single-Cell- is the most applicable assembly for Hybrid designs. The 32" deep Single Cell proVides increased space, that is Geotextile free, in the upper regions of a MSE wall. This provides more room for utilities immediately behind the wall. When reversed, with the Modular wall design used below MSE, the narrow Modular cross section saves excavation, thereby lowering costs and installation time. For all GravityStone Walls the Dual-batter Alignment Plug provides alignment and shear resistance to assure accuracy and strength of construction. RECEIVED BY COMMUNITY DevELOPMENT DEPfsRT~~W GravityStone is the ONE product that adjusts to the varying conditions of sites and soi s an. at is why GravityStone is SO SIMPLE. SO ADVANCED. SEP 27 2005 - See GravityStone Modular Literature GravityStone<Bl Specifications at a Glance STANDARD UNIT CORNER BLOCK Dimensions II.S"x sn x IS" Dimensions 5.S" x S" x IS" Weight 75 pounds Weight 45 pounds Face Area 1.0 sq.ftJunit CAP BLOCK THIN FACE BLOCK Dimension II" x4" x IS" Dimensions 5.S" x 8" x lS" Weight 60 pounds Weight 60 pounds GENERAL INFORMATION Face Area 1.0 sq. ftJunit Compressive strength 4,000 p.s.i Absorption rate 7. % max ANCHOR/JUNGION SLOCK Dimension1:XfflB1T Dimensions 4.6" x S" x 11.6" Weight 30 pounds COlOR 2. OF Check WithPAOt!urer . Actual unit dimensions, weight, and availability may val)' or change without flotice. Contact the manufacturer for details. lEVELING PAD PLACE GEOTEXTILE Prepare a foundation by over Following the engineers design, excavating, filling in. and compacting the specified place th", GeoteKtile at the proper course and to the aggregate to the desired grade. specified length: Make SUre A small amount of bedding that the Geotextile is in full sand can be placed OVer the contact with the soil. compacted aggregate to assist in final leveling. PLACEMENT OF STACK AODIllONAl FIRST COURSE COURSES Starting at the lowest elevation. Continue stilckingthe wall.to place a stril1g line to locate the the appropriate height. Hackfill front face of the wall. Position and compact after.ead1 Course the first course.of block to the using drainage aggregate line. Using a level and a rubber and soil as designated. Rep<l<lt mallet, level each block side to theprQcess of placing side and front to back. Geotextile at the locations ..s determined by the engineer. PLACE PLUGS CAP THE WAll After completing each course. Once the body of the wan j<; plilCe.. Gr.wityStone@ Dual. complete and backfilled, Batter Alignment Plug into pennanentJy affix a wfid each of the two '1" .Shaped GravityStorie@c.1p Block to the Plug cores cast into the top of f..ce Block using an..ppcoved eachFilCe Block. Placing the concrete adhesive. P1a~ 1/4. Gr..vityStone Alignment beOO of ad~p.1Ial1eI to the Plug in the forw..rd position w..1I face On. both sides of the win create a vertical wall, plug holes. Pl.1cetl1eCap Block reversing the Plug will ueateCOMMU m1lO the cidl1esiVe. makingS\ll'e a 1112(4.5 degree) batter. of it's proper poSition. SEP 27 2005 PLACE DRAINAGE DRAINAGE SWAlE AGGREGATE To minill1i~e '/Vater infiltration, PlaCO! aggreg..te inside. ~, place a drain..geswaleat the and at least 12" behind each top of the wall. This diverts block. o..ckfill behind the wrface w<ltedrom infiltrating drainage aggregate with soil. into the face drain. iilfill. and from. flowing over theJop .of the Mil. U~,;j low~lity solI layer abiJo/e a tilter faboc fOl. ~~stp~ot,.. '~olJe . . retalOlI1g wall. . . ..BIT. ............ BACKFILtANO COMPACT PAG~--LOf....' />JteT amgate andb.ldfill.have FINISHC:;RADIN . ~ plac~; comp.1ct:the soi/ 'finish~~ Qtpropedy with a vibfiliQryCOnlpactor to pla(iflgali<i ci)m.~actin!1.1i1l . . thepr~~ty~S~ debris above.thelopot thewall~nd .jtDm the top qf the bl<Jdci!iefore at ttie toeof1fK; wall, When $tolrtiligthe neXt blQCk COUrse. Ial1cjsglpiflg ~ ()f'lnfiOilt of the walt, thefil1ish .grade ~lIoiJld beat least 4. low, to provide for topsoil, seed, sod. or other lalidscapirig tre.atmentsas specified in +1"8 ,..~u 018':"'_ "ery GravityStone@ wall installation requires one or more unique details to fit the wall to the site and ensure long-term erformance of the system. This section provides many of the standard installation details routinely executed on most MSE. rojects. A knowledge of the GravityStone components helps in understanding these installation details. Geotextile Hybrid Walls I Radius Comers 1 Corner Inside Modular*/MSE I Detail When space al the top and immediately behind the wall is at a premium, create i a utility easement by topping the MSE wall with the structurally independent I modular units. i ! 90. Comers Outside R<ldius Comers Outside Utility 0 90. Corners ----J Inside ,-.,---.....--.-- "';-.-~ Geotextile Reinforc::ement Block Corner Mini-Cell Outside Corner MSElModular* Detail When a site h<ls a short cut, minimize exc<:lvation by using the nMrower Modular w<:lll design in the bottom i Standard Unit section and a MSE wall design in the i Comer upper fill section. I y ."-- I Standard Unit EPAATM~ Corner ". I SEP 21 5 ."'_._-_...-~ I Geote><:tile ! Reinforcement I Modular ~-,-,-.,.---------. ! Mini-Cell Convex '-... ! Standard Unit Concave ! i "-. ; iii p, 1 A I ~ B COMPONENTS c ( f STANDARD UNIT f ( Depth 1 2" ~ FACE BLOCK Application: Conventional walls i The Thin I Face Block less than 4' tall, and is available in reinforced Geotextile 1 straight and walls on fill sites up I curved split to 1 5' tall. faced texture f and a variety ( of colors. Cast into each Face MINI-CELL Block are the Depth 20" I Alignment Plug I cores and Female Application: Gridlock". Conventional walls I less than 6' tall, and ANCHOR! reinforced Geotextile JUNCTION walls above 15' tall. BLOCK Two Anchor Junctions connected together BARRIER WALLS provide depth Width 21" and a tail to Application: the Mini-Cell assembly. oi~~~~~~~~T~E I arners. fP .) . :) ,,' t.... I CORNER BLOCK Geotextile The Thin Face Block Geotextiles reinforce doubles as a comer the soil in the zone when altered, behind the wall, and providing are placed between continuity in color and courses of block at texture. designated locations. CAP BLOCK The Cap Block is available in colors and textures to . match or highlight GRIDLOCK@ DETAIL ALIGNMENT PLUG the Face Block. The modular components The Dual-Batter Plugs assemble into cells by sliding align the GravityStone'" the male and female Gridlock'" Face Units and establish connectors together- wall batteL ... ". \<,~\~::~~! ",. If' ; .. iI;.. . . .t,'; ~ i ~ :..: .', ~ ~~' -!I' i '~::. i: :::.',~;~' ,:1]1~ ~~: .... '. . ",. ""-. . "'., '~~ }~, :J ~... '..~ ~ t. .. 1\ j . . . . . A' . . >i'~. .~','\;Hf z7~ .' ,ii.~' ". ," '" , of ""~Il' *, '. ,. ' '....;::',,~' ~ .. '. " ; 1::';, ~. :", :'~'N ' ., '. ' 1'~. . . ... ;.. ..~~ .. -:;'\.;','. ~:' . ":""..\ ~ ". ". ..:~,. .'~ ~. .. ". " -', ., '1;:'" '. . . ... -. .' .~, ",. '. . " ... '* 'j ~'-' '\<- ~,' ". d,~,.... '.. -~.;.-:, , "".. . . ~ .. .. "" , , '." " .. '~., ~.., :.'"; .- , , >"'.. '" '. ,,, ... j.. . + . ~~.,,,.~. .-~> "'. :'-:-..-:-,> c'....' ",,..), . ;t ,.oJ;, .. , -i;~ ,'> , . "~~ '" ;~ .. 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"'. :~ . ~ '..' ... · .).~ ,)~~ l;t, .l - , ',\ (; . .~, .;;' ",-:, F .'~:~ . . . I . .~.,... , " I., '.".. "f.\. . ' ~. . ~ ~, , .~'\ "4 '.~ I .. .'.' , ',.\: ~. I:;', . ',. ',J.' . .; ~ : ~ . ,- .. I ~i . . ~ ~ ill ' l)#J . "":' ...) ":. ~' '..;1 ," ".. . . ., .' \ . .,'... . ,.., .. ';.~$""'" '::", 'I'~ . ~' .. ~ . " . .":r.~ f..~' . , ,.1 . " -'""Il~~;"~'. V' ~ Ne8'SO'S3"W 1182.60' .'...........~~.. .0 I[.'}Jjl'i. . 11'1' Il!r I 1',," ~l, R.1462.50' L-416,69' J>.16'19',,.. i '-. N89',O'OO"W 220.00' -. ,- I I I I 8 ~ ?' .~ ~ g ~\ 'll 0- I~ g; ,f. 'ii:! Ill' N ~ '0:1 #L -'2 ~ ~. --l- "'. "7" '\l.I " 'iii' ~.. W' , 'E I> \ l f0- 711.368 SO.FT I~, ".~". (16.33 ACRES) lil:l> S :lfi:c!;=IV[iirJ S~I' ~ 6 ~~~) R-1402"O' ':1I1~~;ro;~E~t~,t...~ L.J,O,40' .-14'16'53" .- 589' 16'29"E 469,1\' -' ;gm I ~..._,_....~~._......._.~~ I G">>< m:J: t~ 0 "T1 ~ C. . . Urban Forestry Services, Inc. .' "~' . couWNlTY~ED BY Arboricultural Consulting I Wholesale Tree Nursery . . MOO DEPARTMENT The Cottages at Hoyt Road SEP 16 2005 Site Visit: Prepared For: Mr. Jim Harris Senior Planner City of Federal Way Prepar~d By: Urban Forestry Services, Inc. James M. Barborinas Registered Consulting Arborist #356 ISA Certified kborist #PN-0135 and Deb Powers ISA Certified kborist #PN-1465-A Date: September 14,2005 -CONTENTS Summary Introduction Findings and Recommendations Assumptions and Limitations Summary . . . .', "', .,.', . After a site visit and.~~~;i~f!th~~arked trees qp J(t~jtl:l~lIDfQt6~try SerVices, Inc. (UFS)agrees with t!t~;@~~lusi~ns ovthe Tree Eva1l~j(:lIi)~~itaiiatr~~,marking, ........... submitted by W ashin~'i'l"ores'_.~onsultants{WFQ1, '" '~~wFG.report.'~ommenq#(~: totalofthirty trees be{~fem(jv~on'Qr adjacent to-tl1e ct~y~J9Plti~~t.M()SltirtheSe ~~ ., have sustained seve~-r(}f>t dain~ge-fromsite clearing, \\(Ji(le,so't>>;~ haveitmerent characteristics or cq~diti08$ deelftiIjg,fhem. too hazardousi~::~;*,psid~:Iitial'~fea. , .". ". ,.',. .."'",':"," .". . ' In addition,~e~,~e ~~r tfees locatedwitlii~te P~~~lly.tpatwereadv~~~ry affected by sitecle~ Jr;~at wer~ieft remaining:,-jiili~~ expo~ea loc~~~t)ns.Tlif$e ..,;': ,~ trees will likely becom~,!1az3tdous,~ wt?l1" W~ire~~~i\dlh~! a foll~w-up}ttee{.i :'., i_ ev~luation be conductedto4~te~e which addilj91!~~,~tTees;,~~'itonsidet~ hazat4<1MS::;,\c..". Overall, there does not appear td~b<{any treeproteC~~h t~~iqu~s beingimplellleiit&ipp.~>::' the site. ;",-". ,..,.:'. E~-f.n BIT. ....... t:.. . 15119 Mclean Itoad MaUnt Vernon, WA 98273 fAG~-1__0F l Office (360) 4~-S810 - fax (360) 428-1822 Cell (360) 770-9921 Email; jimb-ufslnc@wavecaple.com Plannina. Manaaino. & Restorino Urban Greensoaces www.urbanforestrvservices.com Introduction As requested by Me. Jim Harris of the City of Federal Way, Urban Forestry Services was contacted to determine the accuracy of a Tree Evaluation by WFC regarding a forty lot single-family subdivision in Federal Way. This site, called The Cottages at Hoyt Road, is currently under construction. We reviewed the WFe report and visited the site on September 13,2005. We made no additional markings on the trees. Random trunk diameter measurements were takento verify the accuracy of those in the report. We followed the numbered order, starting in the southwest comer of the parcel. Findings and Recommendations The assessed condition of all thirty trees is accurately stated in the report by WFC. It is also our Photo 1. Edge trees may not.. opinion that these trees be removed or cut to a safe height wildlife snag. ill addition, the remaining be wind firm and are buffer along the south side of the development is less . susceptible to root damage, than 20' wide and includes a number of highly sWlScald and potentially high'.. exposed Doug Fir not included in the removals list. uT;ntl<: We observed a munber of trees not included in WFC's report that have been severely impacted by the clearing cut, which probably occurred after the WFC tree evaluation. Most of these trees are located along the east side of the development. Along the road cut, there is survey staking designating the Line of Clearing, without any apparent measures taken to protect the remaining trees. These remaining trees will become hazardous or lose vigor due to significant root loss and damage as well as soil compaction. We recommend they be re-evaluated as well. For example, there are three unmarked Douglas Firs adjacent to Trees #19 and #20. They measure (31", 31", 20"), larger than the two Ul1lJlarked ones noted on the report. They are minimally affected by the road cut at this time but Photo 2. No tree protection should be protected from further construction damage , techniques have been if they are to be successfully retained. implemented on site. Also, along Hoyt Road SW is an area marked EXH~.- -~I C, }'L_ ~ .. &~......~ PAGE_.. -_~_J)F_:3 --..--.---."'. 'To Remain Undisturbed' on the site map. As stated in the WFC Recommendations, we recommend further tree evaluation during and after clearing and grading in this area since it is fairly narrow. _ In the future, at least basic tree protection methods such as fencing and signage should be implemented on site. A pre-construction meeting with the contractor, root pruning, root treatment, root zone protection, and periodic monitoring should also be considered as needed iflong-term tree retention is to be accomplished. Please call our office (360) 428-5810 if you have any questions regarding the trees at The Cottages at Hoyt Road. - EXHIBIT L "<~GE-3-0F -J.- 3:: Z 0 :0 5:: 0 ,. Q i ~ Q ~ ~I~ ~ I':~ co I~ ~ ~ttg 0 II~ ~ il II ~ I 1 .. i ~~--j j III; IIIU II ~ II ; ih l ~ ~;~ ili~ it II I i~ n ~ :;1 ! ~ w--j ~ !IIIIIIIIIIII Ii ~ ! I III! il! i l ~ f j f! it d I !~ ~ ~ - ~ 0 - - - 'nHTY I.AK) 0E\IEl..0PU!!NT ~ MOCPlCATlON O/'Zl/08 3fO 2lmi STFEET N.E. 0f'EN 8I'ACI! EXHIllT PUY Al..UP. WA. llll372 FOR COTTAQ!B AT HOYT FlOAO f1II: P~\llllOOl\!uJ~\or+-l'ilt\"'tf\l'tl4~2-L,AN!l-LI.ft9 Dol.!"....; 1;III/~1/~aM U~i1, ~.: l_!IIIId_;e ~'~'I ,II4!1_l,114!2wI<.0:2. ".. .' ..r. -- s:: ----.-. .... Z -----------...;:."'......... o ~-.~*~..............-.....-' ..... __::0-- ..~.....,.... . ;.......>-.... ~..H'...... \ .' ;.'" .. ~1 II 11!!!l .' c6~h ::~ffi~ -~ ~2~~i !'il .' ~ .- ,~~. I,; 1 Jllfflliii m! ""i il1 ,,~~ jh! ~i d I ;~ ---I 00 u~n~! ;:::~:: ~~. ~ I! ~~ :'''1 i ;~i~ ~ I IV .' .~ .- ~~r I U!!; l~ I I i~ II!!; 'I~~~ -~~ ~ir I ..\l~ ~~ ; j<. ~ ! ~ ~i ;~! I~ di! ::.1 :1: ;!:::~! ~i -. ~o;.~ 115 U~~ -k.--j ~i ~~ ~I~ ~ !PIi; Ii i;iIU~ ;g~ ~~i~ ~~ I ~, ~% ~ ~ r I l1 .~~.~~ " i m! i! ij!i ~~ ~~ !: !:ii: " ~~ p! ~i o _~ Ii '" ~ ~ Sl~. ill ~~ 0 ~ U "T1 ~- ~ ~. I'I<!.. ", ~~.~It! ..~ H../flIMl. q..()H.A. HI2t5 721>10 ...vtNU~ Sou'tl'l ~II."".A. "'ow. ,.." ~ 11432 .,~.". \ ""', WA 9"" ,"" __ N,_, TRINITY LANO Oi:VELOPMEf'.tr MINOR MOOII"ICATlON 9/27/05 TO ~ (.I,02~)2.~'''''~'l:i.2. , , 310 29TH STREET N.E. WALL PLAN' CONCePT LANOSCAPe PLAN .- ?. " ,(-42-")2e.l-!7&2 r~ CA""....-AS.. ,_JC "1-"'6 ..... <J. .:;:" ~.! I;M\. ~NCll'lttftINC, \,O/\K;l jl'L6NI'I~. ""P/WO_.".Ad. T'Z:"' PlJYALLUP, WA g8lln f"OA 3 ~;""fJ~HIIo~""" '$1,I~e, I~Q,"MIIo'TAl. ,.lJNI<<:! ~..JJJWJtI COTTAOeS AT HOYT AOAO ",,,: ~:\ll~.\\)\I~\.~q.~..I,nq\.II1\kl\~Y.I.,M~,b~ I:>III./i,mo: e~I~I:lW!l 1\:~' ~t.", 1_~~ 1\..",.\11 ~'''h, '\1"~:l.\,\l\"(l1-1.~"'\~",\"~1~fll:l, , ''''. ...., .......~,.......____,..~..~........,...,.._.........,.<,., ""'''''..''.'m,~:..,,,~.,,",,,_,,,....:..,,_",~",.,.,:.,,..I,.,.,.. ...'.^'". "...' ..." '..' ., ...~, .,.... M ._..~ ~~. ~ ~~. ~ ~ ~. .~ (") 5: o - z z (") 0 m :0 ~ ~ 5: _ ~ 0 J I ~ ~ ~ I Z "TI - ~. .~. -~ I~!II ! ~ ~~81~ ~ ~~... . : I "~~ ~ (") ~;:! -I I 1(') ~ I.. :~:li )> ;,:~ 0 ~ ~ I.:.'~i.. .n.I.H. li~ ~HI~ I ~ i~ z ~ -}.. i:~~ ul~i :~r 01. ~r .!:e. i ~ ~~~J r lid, ~I' I' ~ .;J ~ ffi ~Jd i ~ . r i~1S - ~ !:.i~1 h ' r j~ 0 ~i. ~..~ ~ . r'"\ ~ ~ U1 ~Ii .1 :n ~ -I ~ ' , ili ~ @ i ~ l CfJ.)> > ~ r ffi ~ r () -0 ::j r o )> z z ~ ~ ~ ~ . ~ ~ . ~ ~ ~m C>>< .I~ m ~::; o '""'0 .... lIob c..~. I. "",I~I.~ .....~ GHA'(,,~ 1!l21~ 72ND AYlNUE sown~ ~~I""'__ lIn~r For" ~ 11432 !r ~'" ~ K""." 'OO" .... --"" _M'" Tl'IINrrY LAND oeveLOI"MENT MINOR MODIFICATiON 9/27/05 TO WALL I"LAN ._. 1>/~"1J.. [1;~l;i:::~;; '''' ,".--,,- ".". alO 29Tri mEeT N,E, CONCEPT LANDSCAf'E WALL CROSS SECTiON I l~'''~~.-;:;,/ eJV\"~MOINW:INIO.I.>>I~Pl.AHNllIlI. 1IHIV1U...1i.Y.. ~=~ PllYALLUP,WA, 913'2 FOR L3 3 i~IIiQ~M/I~"\." $1,IiM'TIM(:, EN'i'lROHMM.&l. $Cbltt!l ~. ~ COTTAGES AT HOYT ROAD !',II' ':\'1t1r)O~\\I'J~\.n~.n"'I"'l\"tl\III"~-l..AIoIb~L.1"),j~~ p~I.)T.mo: ~t/~J!200~ IQ,~I ~,~.: \.a~ ~I.i." ~roll', 1'14~!-I.uTI\!l"T~Lot...h<)jjS,'I~)2w~QI ~'.''''~.''',''M''_~_-+--_~'''~''~'''~''~''_.~'''''''''''~_'_'.~'"~'",.~<_~~~.~..,"~~,~"~___"~"~,,,.~.......,,..._____~~,.......".,,,,., ,."._,...,......;,..~_.,.,'~.."'..'.""_.,,.'>,......~.....,,_.~.,"_.'''_m'',.'.'.''",~,,,,,,~.,,,,,_,,,,,~...,,,,",,,,,,,,,,,,,,~~,,_,",,,,,,.~,~,.,~_,J".......,.~"."""'.;,<,.~."._".,,..,_.,"',...,",.",,' ',',",'" .',." A CITY OF .. .... ... .. Federa:1 Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM To: Jack Dovey, Chair Land Use and Transportation Conunittec . . fROM: Wjlliam Appleton, Public ~tks Dep<!rtment, Development Services Manag~r . Jim Hams, Senior Plann~ ~ VIA: David Moseley, City Manag~ (./ RJ.'. Cottages at Hoyt Road Revised Preliminary Plat ,. Application No's. 98-104394--OO-SU and 05-104602--OO-AD DATE: September 13,2005 ,~.~ ',J -~..~-. ..~~ l. STAFF OVERVIEW Trinity Land Development has requested to revise the design of the Cottages at Hoyt Road preliminary plat, which is currently under construction, Proposed changes to the Cottages at Hoyt preliminary plat are significant enough to warrant review by the Land Use and Transpdrtation Committee and City Council in order to determine if the resulting plat would remain in substantial conformance with the approved preliminary plat or if the proposed revisions are not in substantial comPliance with the approved preliminary plat: II. SUMMARY OF PROPOSAL The applicant, Trinity Land Development, has proposed modifications to the Cottages at Hoyt Road preliminary plat The Cottages preliminary plat was originally approved by the City Council on October 16, 200 I via Resolution 01-349, and subsequently, the City Council approved modifications to the prdiminary plat on July 6, 2004 via Resolution 04-416. (Exhibit I ~ July 6, 2004 approved preliminary plat; Exhibit 2 - September 2005 proposed modified preliminary plat.) On September 10,2005, the applicant requested additional modifications to the approved preliminary plat The modifications as requested include the following: modify the slope and retaining wall configuration along the northwest portion of the approved preliminary plat, and remove up to 30 trees located within Native Growth Protection Easements (NGPE) around the perimeter of the site. Modifications to the preliminary plat as requested, would result in approximately 100 linear feel of retaining wall extensions along the northwest portion of the site, addition of a new approximately 325-foot-long retaining wall, an increase in the height of existing and proposed retaining walls, steepening of slopes along the northwest portion of the site, increase EXHIBIT ~ PAGE-LOF -.lL the area of clearing and grading, slight re-alignment to the northern roadway, and the removal of mature trees within the NQPE and replacement with new plantings. ffi. BACKGROUND As identified in the September 10,2005 Trinity Land Development letter (Exhibit 3), the applicant tUlUId during. the course of construction that the topography along the northwest portion of the site was not properly sutveyed. In areas, the survey shows the topography 10 feet higher than field conditions; consequently, the project cannot be constructed as approved without alteration to the approved preliminary plat On September 9, 2005, City staff notified property owners within 300 feet of the site, and parties of record. of the requested revisions to the plat and the September 19,2005 LUTe meeting. City staff also encouraged Trinity Land Development officials to conduct a neighoorhood meeting regarding the proposed revisions. . . . IV. REASON FOR COUNCIL ACTION Pursuant to Federal Way City Code (FWCC) Section 20-136(b), amongst several criteria, the City Council must ultimately find the final plat in substantial compliance with the approved preliminary plat. As detailed in Section V below, the proposed plat modifications result in some ehanges to the approved preliminary plat layout Therefore, City staff is requesting the City Council detemline if proposed modifications to the approved preliminary plat ace in substantial confonnance with the approved preliminary plat. Criteria contained in FWCC Section 20-127 also can provide a benclunarkas to the significance of the proposed modifications. Pursuant to FWCC Section 20-127, when the Hearing Examiner has forwarded a recommendation on a preliminary plat application to the City Council, the City Council may require or approve a minor modification to the preliminary plat if: L The change will not have the effect of increasing the residential density of the plat; 2. The change will not result in the relocation of any access point to an exterior street from the plat; 3. lbe change will not result in any loss of open space area or buffering provided in the plat; and 4. The City determines that the change will not increase any adverse impacts or undesirable effects of the project and that the change does not significantly alter the project. Although these criteria do not specifically apply to the current proposal, they do provide factors for the City Council to consider regarding whether the modifications are major or minor, and ultimately w~ther the final plat would be in substantial conformance with the approved preliminary plat Additionally, criteria used by City staff to evaluate the 2004 redesign of the approved preliminary plat wer~ as follows: . Retaining wall heights not to exceed eight feet e . Retaining wall and landscaping aesthetics EXHIBIT . Maximum slopes ranging from 2H: L V to 1.5H: 1 V PAGE '2 OF -1L -. -~~."'"-~~-- ._- -~ Land Use and Transportation Commillee September 13, 2005 ('.ottages at Hoyt Road Revised Preliminary Plat Page 2 . Adequate NGPE buffers . Landscaping of graded areas v. FINDINGS AND CONCLUSION l. TIle proposed modifications to the preliminary plat will result in the construction of approximately 100 Ilnear feet of retaining wall extensions along the northwest portion of the site, addition of a new approximately 325-foot-long retaining wall, an increase in the height of existing and proposed retaining walls, steepening of slopes along the northwest portion of the site, increase the area of clearing and grnding, slight fe-alignment to the northern roadway, and the removal of mature lrees within the NGPE and replacement with ne,w plantings. Due to the surveying error found during constructiol.1 staking, the applicant is proposing these changes in order to preserve the roadway, lot configurations, and detention pond design substantially in compliance to the approved preliminary plat. The applicant has provided.a revised preliminary design for the proposed slope and retaining walll"Cvlsions; and re-alignment of the northern roadway (Exhibit 2). 2. Additionally, the applicant has provided a Tree Evaluation dated September 2, 2005, from Washington Forestry COru)ultants Inc. The Tree Evaluation identifies 3Q trees on-site and off- site to be removed that are deemed hazardous, or would become hai..ardous due to grading required to constnict the retaining walls. At the time of preparntion of this report, City staff is hiring an arborist qualified to review the Trce Evaluation report, and provide findings and conclusions regarding the accuracy and reconunendations of the Tree Evaluation. 'Ibe applicant has proposed to provide remedial planting to enhance the NGPE along the northern property line where the trees would be removed, and other areas where trees are proposed to be removed , were not addressed. City staff will have further information regarding the Tree Evaluation at the September 19, 2005 LUTC meeting. lbe preliminary plat modification is subject to all applicable codes and policies as well as all findings, conclusions, and conditions of approval contained in City Council Resolution No. 04416 approving the revised preliminary plat; City Council Rcsolution No. 01-349 approving the original preliminary plat, and the September 6, 200 I Hearing Examiner's reconunendation. VI. LAND USE AND TRANSPORTATION COMMITTEE ACTION The LUTC may, by action approved by a majority of the total membership, take one of the following actions, pursuant to FWCC Section 20-1 36(b). Option I. FQl1"3fd a recommendation to the full City Council, and direct City staff to prepare a resolution, finding the modified preliminary plat in substantial compliance with the approved preliminary plat, subject to conditions a- c below, and allowing the applicant to proceed to engineering design and construction of the modified preliminary plat subject to the following conditions: a. Existing mature vegetation shall be retained in the NGPE's to the maximum extent possible. All areas ofNGPE's impacted by tree removal as approved by the Director of Community Development Services shall be replanted with Type [ landscaping to be approved by the -~- __~r~~ Land Use and Tmnsportatioll Committee . September 13, 2005 f Coltagcs at Hoyt Road Revised Preliminary Plat EXHIBIT3 PAGE ~ OF ,~ ., . Director of Community Development Services. A licensed landscape architect, in consultation with a certified arborist, shall prepare a tree replacement plan for the NGPE's. b_ A landscape plan shall be prepared by a landscape architect for approval by the Director of Community Development Services and implemented prior to final plat approval. TIle landscape plan shall address all areas outside of lot areas, which have been cleared or graded as.a result of the preliminary plat construction. Planting of c.leared and graded areas shall include planting with native trees, shrubs, and grouridcover. c. The retaining wall design shall be approved by the Director of Community Development Services and shall include wall design with a maximum height of 10 feet above grade, and shall promote residential design themes through such means as terracing, orientation, C()lor, material selection, vegetation screening, pattern and textural treatment. . . . Option 2. Forward a recommendation to the full City Council, and direct City staff to prepare a resolution, fmding the modified preliminary plat not in substantial compliance wilhthe approved preliminary plat. and reject the request for a revision to the preliminary plat, requiring the applicant to redesign - the plat in substantial compliance with the approved preliminary plat or file a newprelirninary plat application. EXHIBITS L Approved Preliminary Plat for the Cottages at Hoyt Road dated June 3,2004. 2. Proposed Preliminary Plat modification with cross section for the Cottages at Hoyt: Road dated September 12, 2005. 3. Letter from Trinity Land Development dated September 10, 2005. 4. Tree Evaluation Report from Washington Foresby Consultants Inc. dated September 2, 2005. Approval of Committee Report Jack Dovev, Chair Michael Park., Member Eric Faison, Member , , EXHIBIT If PAGE~OF --1L Land Use and Transportation Conunittcc September 13,2005 Cottages at Hoyt Road Revised Preliminal)' Plat Page 4 J "- 1\. ~n ~ ~{1(14 . i!;'l 1."~' ~ 1-,; . ,;~ ':' Ii, :'i' ,/ (' /' " " ~ , - ..- t X f ~( " r , ? ,/' '1' ~t~ , \ .." )UtH r /,<>" i~\. t~CI~ttlll~1I TRINITY LA IWC'T\MQ, (>I.,;~6r:;AA ~W"'I>le NO OEYEI.OPMENT '!"""'~"1'1",,,.. " . A~ u~e~1 '"."',''''1''. ,1,1'''. ~.".I." PROPOSED ., .'- ".~" ." '" MCOIFICA TI~~~DINO "1'1",._ I.AN ., ,.........,.... '. /" .,- " /..-: ", .'" .... -0 :0 0 -0 I~ 3: 1- Z o ! 0 ;1 :0 3: .. .. ~ l;\ 0 -~ II ~~h C? i1 ~ o li~ ~ ~ ~ ::l o ~ i5 0 - '''''!::l~ Z ~ ~j~ d ~ I!~ c.> :0 Z Co> ):> ~ - .. ~ ~ - ~ . n ~ " .. C? ~ Z 6~ C) r- GJ -0 , ::r: r - I:J P- O) 0 Z ()j - 11 2: <.0 - GJ -1 ..... 111 11 I\) . :t:. I~ - ::l] I ):; .t. IN ;gm m>< t {2 m ::J: " 0;- 1:-- , ~ [i~~ 5E !::~ -f .'" i::t: o ~ ;l! l! ;;;~ 'T1 C) 2. '" ~ \0.) 1n:C n , t - } m _. !lI - '" _~ -I ~ i ieJ ~rt1[ b.I.I.~ I~ ~"lI\tlr (hIlltftM,..,aL Ilarll Fo" ,. lU1~ ''2NO ,t,V(NUE: SOUTH K[N'r, WA U032 flHo.^~. "''''- TRINrn' LANO OCVl!LOPMENT PROPOseO MINOFl MOOIP'ICAilON TO ('21)2"-1<2' Q11IUd .......M~ 1'..0' 310 29TH STReeT N.e, ORAOlNO PLAN 'i/12/05 - DfETAIL OFlAOINO PLAN (~2~)l!I-Si't!'.2 rA'I. ~Mi.tNO\NICI\'~O. WI) PlANNllolO, ~,I_I.JIil. WIlIIII PUYALLUP, WA. ~a372 FOFl 'I' S1J~N('l, OM~O/oIl,lII"tAl" !!flNleD IMI40 .~PJ COTTAOeS AT HOYi FlOAD 'ql ~ ~ ~ ""U :0 o ""U o C/) m o s::: > 5 ! :0 ljl s::: () o~ 0 -. :0 =! 8 0 _. >:~ Q ljl :j "'Tl ~ -; ~ En ~~~ Q ! i~ CfJ !~~ :::l ,:~ m Jill O. · .-<!::l~ Z ! ()~ ~I~ C1J -I 15-10 - 0 !2 z 2! ~ '" l> ~ 0 . Z ~ C> ""U ~ cD ....... ...... ~ ~ ~ m ~ ~ ~. ~. ..!j' ~ ~ ~.. .. .~... ~ ~>< ~m. .' :5 Vl"Cl (j m tD ~ ~e ~ =i ~ 8.~ ~ o ~ s:;:;!:" .... ." ... 8.::r '" P \) ~ rwt [~ m~ -og:' ~- 1l!. l:XJ - ~! or=i ! "'l!!;;.,., - i ~ @ ~ M... 061. 8 eM ~'~'I~~_. .. ,,~. <loG 1821\ 72NO AYeNU' SOUTH ..."M....... ~... Foe TRINITY LAND DeveLOPMENT TlIIo< PROPOSeD MINOR MODIFICAllON i !",. K~NTI WA 'ilIS032 OrD"~.,........I...t i'!t/l:l",lol 11432 1lII'.' (42')211-1222 ,....... ,'.,.' 310 29TH STREeT N.E. TO ORADINO PLAN 9/12/05 - CROSS seCTION.. ;;;;:;;-- ~ ..... ;. (42')2'1-1782 FA' ~:::...- w_., PUYALLUP, WA. 98372 FOR: 1<1lI ~ ..~ GM\. ~OINU!I:lNC, I>>iO pl,NjNjt.jll, VAIbb ! 2 '"",.....,.. '""""". ElM"""",, .""',,, ..... """'" COTTAGES AT HOYT ROAD .. ~'\IIOMI.\\\~J"2.\t'~n~.rln~\l:r.(\,1.\14~1.II'''L~_t~Q~rLIil'~Q,."q. DOlo/TIm.. a~/\iii(lQ1 '~,a ~OQ": \.\0 1~I""al~ ~.Io: _~r'~~~.,~,~_~._...._~..".~.y___..._,.~~,~.-,.,-"._.'.......~,_.__.,..,.".,~.._.__...... .,_,_.,___.,,_.,__.._,~~__~_ .. ... ...._~~~~...__..__,_,.._.__..~,..",__.~.,.., """".'''''.~',n~~~~.,'M~.._~''''''.~_'_~'_''~'''~.'_.~'_'',,,,.~...,,-~,~.._..,,.~,.,,.__..,,...,'-""._._"'" ~;"i':ji:"~"'~~":.\<r"" ~~~, ~- TRINITY LAND o EVE LOP to{ E N TRECEIVE:D SfP 0 9 2005 September 10, 2005 CITY OF FEDERAL WAY BUilDING fiEPt Mr. Jim Harris, Scnior Planner . Me. Will Appleton, Director of Public Works - City of Fedcral Way Community Development Services Dept 33530 1st Way South- PO Box9718 Federal Way, WA 98063-9718 . . . RE: Request for ~odification to grading plan and removal of hazard trees, Cottages at H9yt Road File NO. 98'-104394-00-SU _ Resolution 04416 Dear Jim and Will: Thank you for yourheIp i~ establishing the appropriate way to address these unforeseen sitc conditions at the Cottages at Hoyt Rgad Development. We are requesting your approval of two minor modifications to our approved plans: . I) Extension and addition of retaining wall system along the north side of the. northern internal road to take up actyal grades not realized (based on inaccurate topographic .survey information provided by Touma Engineers - the original Surveyor/Civil-Engineer on the project); - 2) .Approval to remove/trim hazard trees in Tract C, NGPE as outlined in the' attached arborist report from Washington- Forestry Consulting, Inc. dated September 2, 2005 The project is under construction. C~earing is complete, temporary erosion control measures are in pla~ and grading is underway. Timing is of the essence. A~~itional Retainine W~lL . EXHIB IT F .. .. .... .. P4GE 90F:B:: The sUIVey error dIscovered dunng grnde staking two weeks ago IOvolves lOacc~ IS~~@~&t~Q~lb~~aphic data along, the northern property line. The difference is, up to. 10 feet in :;1~('" addltlonalgrade that must be accommodated between the northern property hne and the . i?!~~;>~~~~~~~~,:3:1}~;~F~f.gY.~ grading plans include- a retaining wall at the edge of the ~ 'f' ",,~~~-;'-j.~~~:~,?:';",~~~~,,"~,t";':~/~0<...>.,. ~H '. ';.,,~ --~'; ~'.' ...~~ I . ' !c'~""i'S".,^J.",;t<~",z;...).-, , , 3 . ~~\l~~;~\4'>\~1&~~; ~ ~ ~ T. ,-, '..i"1h'ffI]'1'i,;..:'1':~:;'h&< EXHIBI - , ""', . '.,,"i "'",.V'&, ' . , < .. f't1' ,'; " ':~~-:", :t:,tiJE.~,)j;;'-'[~f.;: ~ ~ ~1!~~~i~~jY.i~j?i~,. '::, ~f'l'~!~~-"~1\~n~i..~;F1".~~ ~ . 1 E'-LJOF ~ '~~'W(;~~:\)~:---'''j:j~';'<_:;'1;i,r-\''2''':::::~\:l'-'--,19th SL Nf · Puyallup, WA 98372 p,A.G .. , . ,. J ~~Pt;\;';~~~';c;+~ '. -'~~ '~}~J~'~~i.~< u,...-~:<l'"~::~....::v.:")' : K ,~ :~ig*,,~:_' ,\<;...'- :.._.;_.,g~lS;l.~;lt'~,~>. F: 253.848.7813 · www_trioityland_(:om ~~ .~.....t-:~"~....:r.;>:. ~;. " - .v. f~'. ~*~. .'.... .,~' 4. .--...... 15 foot NGPE (Native Growth Protection Easement) with a maximum exposed height of 10 feet. [n order to maintain the NGPE and keep walls at a maximum height of 10 feet, we arc proposing a wall along the north side ofthe internal road, We propose a slightly different road alignment that ll].aximizes the distance between the road and the NGJ?E while keeping the two retaining wall~ in the pond area at a maximum height of 8 feeL, [n addition, in order to maintain the existing <;learing limits and a maximum 10 foot high wall. a limited area of graded slope is proposed at slightly greater than a 2: I slope. Hazard ~ree Removavrrimmi~ I '. After completion of the permitted clearing activity. we engaged GalehWright, a licensed Arborist, to conduct a survey of potentially hazardous trees at the edges, of the cleared area. As is often the case when general dimensional buffers are included on a project, some trees within the margins of the retained tree tract can be at risk due to adjacent grading work and/or the exposure of wind that previously had been buffered by 'a forest. These' trees become a safety ri~k for either the adjacent property owners,. the new homes to be developed on site, or the public traveling on the public road. [n this case, the approved NGPE has set aside more than twice the originally proposed undisturbed area and greatly exceeds the retaine4 tree rcq(,lirements iuthe City's code. Since many of th~ , trees along the northern property lin<? have been identified as hazard trees, we propose to. provide'r~placement tree vegetation to allow a new tree buffer to establIsh itself over · tim~. WewiU work with City S,taffand the two neighboring property owners affected-in High Point Park Division 3 to establisl1 an appropriate replanting plan forthis area. . I would like to poiot out that the amendment to the' original preliminary plat approval for ,this project, RCsolution 04-416. was' approved based on the merits of significantly reducing the amount .of export, significantly increasing th~ ,amount of open space and , reducing the number o(lots in the project from 40 to 35. The two modifications that we are requesting do not change the spirit of that approval and, we suggest, have been brought to the table proactively, and in open discussion with City Staff. In Summary: , ., We do' not pr~pose anychanges to thidiffiit of clearing. , We dOl!ot propose any retaining walls greater than 10 feet in ex~sed height . between the road and the property line and nO more thap 8 foot high in the pond , ' . . area. , -, \ . We propose to provide remedial planting to enhance the NGPE along the northem .. property line in ~he area wh~re hazard trees would be rembved. - "EXH I BIT, e We have enclosed. copy of'the staff report and maps from the p.-GEninorttOF --'L- modification to .thePreliminary Plat (resolution 04'-416) for your reference, three exhibits , . ~howing the approximate location of the additional retaining wall, and the road alignment EXHIBIT ,< , , .~ 2 PAGE .~ OF shift, and a copy of the Arborist report and map. cnlank you for your consideration of these necessary modifications. Sincerely, Trinity Land Development, on behalf'of Cottages at Hoyt Ro~d LLC Stella Thompson - Development Coordinator, on behalf of . . . -Chris R. Austin ~ Director of Development End: Existing plat amendment Proposed grading plan revision Arborist report \.. , j , / ~.. ! .....-.... / EXHIBIT € PAGE~OF~ EXHIBIT 3, I.. .. , 3 PAGE3---0F 3- , . "' X! ASHING1'ON FORESTRY CONSUI",TANTS, INC. :JRESTRY AND VEGETATION MANAGEMENT SPECIALISTS W F C I .0/943-1723 1919 Yelm Hwy SE, Suite C \X 360/943-4128 Olympia, WA 98501 September 2, 2005 RECEIVED SEP 0 9 Z005 Chris Austin, Director of Development CITY OF FEDERAL WAY Trinity Land Development BUILOING DEPT. 310 29th Ave. NE " " " Puyallup, W A 98372 RE: Tree Evaluation at the Cottages at Hoyt Road .- Federal Way, W A Dear Mr. Austin: I have completed an cvaluation of selected trees in the tree tracts at the C..-ottages at Hoyt Road in Federal Way, Washington. The purpose of the evaluation was to identify trees that are hazacdous to the new improvements, or would become hazardous due to grading required to construct the rctaining walls. Findin~ The area of evaluation included selected trees along the north. east. and south perimeters of the parcel, and the small tree tract along the west side of the parcel. The tree tracts were part of a contiguous second-growth conifer forest that was fully stocked with trees at the time of harvest. The residual trees in the tree tracts are now new edge trees that were previously sheltered by the surrounding stand_ I have identified 30 trees that are, or will become hazardous to the new improvements. The trees are dead, in decline. are exposed to the prevailing winds, or will sustain damage during retaining wail construction that will cause the trees to become hazardous. The following table provides a summary of our findings and recommendations. DBD NEAREST OWNED No ' ..'" SPECIES in CONDITION TARGET LOT BY RECOMMENI> 1 P. Madrone 17 Severe decline; New house 16 Trinity Remove HT - 90"1.>> dead "Could create 2 P. Madrone 19 Sevtte decline; New house 16 70% dead; - "0. -. 3 Cottonwood 16 Leans over house Off-site 16 to south; Higb boose tential for branch ~'-- - PAGE-LOF---S:- URBAN/RURAL FORESTRY · TREE APPRAISAL · HAZARD TREE ANALYSIS RIGHT-OF-WAYS · VEGETATION MANAGEMENT. ENVIRONMENTAL STUDIES. CONTRACT FORESTERS ,#__'.............~I_..~~~".~...._~J1C"'L__~_....._ _L .....L.__:___..._.__ __~_ o. - . Cottages at H~yt Road - Tree Evaluation DBII NEAREST OWNED # SPECIES (in) CONDITION TARGET LOT BY RECOMMF;ND failure onto .-- _n_.._. house/deck; .~. -. 4 Red alder 22 Dead-leans west New house --"~-.- Trinity Remove HT "-~~- .~~~~'-,.._. 5 Douglas-fir 17 Severe root New house 18 Trinity Remove damage & potential damaJ':e from wall; 6 Douglas-frr 26 90"10 defoliated; New house 21 Trinity Remove HT - - 7 Douglas-fie 24 Dead; Suspect Houses to 21 Trinity Remove Iff laminated root rot; east/west; 8 Red alder 13 Dead; Leans west; .. New house 23 Trinity Remove Iff 9 W. hemlock lO Dead Yacd 24 Trinity Remove ..~- -- ~--_._~_. 10 Red. alder 24 Top dying; Stem New house 24 . Trinity Remove Iff decay; Leans west; II Red alder 16 Decay in west New house 30 trinity Remove west stem; stem -lIT 12 P. Madrone 12 I stem dead; Leans New house 32 Trinity Remove dead west; stem - ~~~~ ~ 13 Douglas-fie 20 Will be made New house 35 Trinity Remove hazardous by wall .'_.~'" cut; ---_.. - 14 Oouglas-fu----- lO Dead Street 35 Trinity Reinove Iff 15 Douglas-fir 9 Dead Street 35 Trinity Remove HT 0.- 16 P. Madrone 12 Nearly dead; Street 35 Trinity Remove HT 17 Douglas-frr lO Dead Street 35 'Trinity Remove lIT 18 Douglas-fir 10 Dead Street 35 Trinity Remove .HT 19 Douglas-flf 18 Dead - decayed Offsite Trinity Remove Iff house 20 Douglas~fir 24 Exposed Offsite Trinity Remove Iff house 21 Douglas-fir 21 Exposed Offsite Trinity Remove Iff house 22 Douglas-flf 19 Exposed ,HOuse Private Contact owner 23 Douglas-fie 14 Exposed House Private Contact owner - 24 Douglas-fie 18 Exposed; Roadcut House Trinity Remove lIT will damage roots; .. 25 Douglas-flf 26 Exposed; Roadcut House Trinity Remove lIT will damage roots; 26 Douglas-flf 15 Exposed; Roadcut House Trinity Remove Iff will damage roots; 27 Douglas-flf 22 Exposed; Roadcut House City tree? Remove lIT will damage roots; -~--~~ 28' ' Douglas-fir 23 Exposed; Roadcut House Trinity Remove Iff will damage roots; 29 Red alder 22,24 1 stem dead. I stem Street City Remove Iff .. . nearly dead; --'~'-_. -" 30 Red alder 24 Decline; Heavy Street City I :m'rtlIT ~ lean over Hoyt Rd. · HT = Hazard tree; PAGE I) OF 11 EXHIBIT 'I PAGE--2-0F i- Washington Forestry Consultants. Inc. 2 Cottages at Hoyt Road - Tree Evaluation The tTee numbering starts on the southwest comer of the parcel. The trees arc marked with blue paint dots at eye level and on the stump. A blue painted number was placed and is visible from the cleaced area of the uniL The approximate location of the trees is shown on the attached site plan. Recommendations Thirty trees WCTe marked for removaL These include 3 trees that appear to be on the City of Federal Way tract to the north (trees #27, 29, 30), two trees that appear to be on a private lot (trees #22 and 23), and the rest appearing to be within the Trinity ownership. Tree # 3 is the cottonwood that is inside of the green chain-link fence on the south end of the project. This tree is hazardous to the house to the south and the hazard risk wi'u incTease with increasing tree size. Two additional trees occur on a parcel to the north that are hazardous due to exposure. They are near trees nwnbcred 25 and 26 and are a 15 and 12 inch DBH Douglas-firs. These trees are close to the line, but were not marked due to the young neighbor and his unfriendly dog. Both neighbors to the north need to be contacted about the high risk of failure of their trees due to exposure. I did not find any hazard trees in the tree tract above Hoyt Road SW. The dead Pacific madrone that we discussed can reach the powerline, but it is not likely to reach the road. Removal of the top, leaving a snag removes all risk. I did not mark any additional removals along the lower edge of this tree tract since the staking in the field. did not correspond with that on the map. As a rule of thumb, I recommend that all trees within the clearing limits be removed, and all Douglas-firs within 10 feet of the top of the cut also be removed. TIlls appears to leave a fairly narrow strip of trees. It should be evaluated again at the time of cutting to determine if additional trees need to be removed. r. .! , :~ .... -~. . EXHIBIT. €" PAGEj3 OF -LL- EXHIBITk PAGE '3 OF - Washington Forestry OmsulJants. Inc. 3 . Cottages at Hoyt Road - Tree Evaluation Summary I have marked 30 trees to be removed from or adjacent to the tree tracL Three are on the City tract, 2 on a private lot. and the remainder on the Trinity parcel. Two additional trees occur on a lot north of the Trinity parcel that are hazardous and should be removed. TIlcse two trees were not marked but are the only Douglas-frr trees present You will need to talk to the two landowners to the north to discuss the hazard potential and removal of their trees. Contact me when the clearing west of the Hoyt Road tree tract occurs. There may be additional trees that need to be removed. Please give me a call if you have questions. , , . Respectfully submitted. Jr Foresuy ~IL<WIao~ Inc. P1~ Galen M. Wright CF. ASCA Certified Amorist No. PN-0129 Certified Forester No. 44 attachment: site map ..~ !.~ r € EXHIBIT . PAGE~OF--LS:- EXHIBIT .., PAGE~OF -S::- Washington Forestry Omsu/lanls. Inc. 4 . ' ' 'l . KeSl" 5.0044 , #!l~"'~~JI H101-1 ftOlNT ""'If/{ J ",*"ltletl'c';$.1-4 $ MOt: rr1 Ii s: "'0 H 0 :D t > :Q m . :D ~ 0 C/) 0 ~ z g;8 > ~ ~~ ~ ~e a u '" - "S~ Ii ~ fR I" II t ~ I ~~ ~~I ! l~ ~ SO ll! .~ jl~~ Ii ;1 PiiP ~ I i I~ I ! 2~ I@ ~ II i! t ~ <> ::l ~~ ~ ~ il .- ~ ~ .. ..~ -."".---........ .. - - -~ ~ -- .- i i i I i Ii i i i i i j I;i I i ; - 1111 r J q d If ~ i it H sll 0 ~ iP1tdn!p r I L 'I' 'J r .. ~ -0 r iilIIJl;: !nU .' . ~ ~~U ;;11 · q~i l! 'I ij i II I' l ~ It i ~ i i I i ~ i g ~ ':mill'l III Ii " " . ~~ .~ ~ ~ ~ !~ ~I'~ pi ~ IH ~ ~ ' , ' .~ ~ ~ !slll,~ IH , : i ~ - ~ i'~" Co,. ... :~.\ 1iiiiI;;~ ~ ~ i~ . ;i Ii" () , ~~ ".50' , - 0 ! e ~ ' '< ~ ~ , I · 8 I '2/~4 ~~ I.AII 1lI6 Ollil ~MIC"ri ~Il'l' ~()III11!1I'tlI - m IN. DOl' .... CIroD. .. ~....." a...... l'/III.nl'lll,...,llt,. k~lt. 1ltioo 11432 ._~ "'.....AI.. TRINrTY L.AND Deven.OPME:NT TeMP, eROSION AND SeDIMeNTATlON C".M.""..a.IL. 1'.,/1' ::l15-37th AveNue S,W" surre 6 CONTFIOL.PL.AN -. - ~~.,l )'oII\ltQ' PVYALLUP, WA, 98373 ~~I}"\1l.I!..fl. ';',H,A'r<Dr-'.l ./. 51 COTTACles AT HO'l1' ROAD 9W 111'J~-lII.lll.ll:-ull.J"-l. ! .. ",.,."",~."."".~"."...,."."~".~,..",,",.,. ..... .......-..,.......... ....--.-..........,.."... " .. .. "~...' , MEETING DATE: Octobcr 4, 2005 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUB.JECT: LODGING TAX ADVISORY COMMITTEE APPOINTMENTS CA TEGORY: BUDGET IMPACT: D CONSENT D ORDINANCE Amount Budgeted: $ D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $ C8J CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $ ATTACHMENTS: none SUMMARYIBACKGROUND: At a special meeting on October 4,2005, the City Council willintcrview applicants to fill an unexpired term on the City's Lodging Tax Advisory Committec by outgoing memher Richard Seracka. The City Clerk's Office received only one applicant at the end of the filing period to fill this position. The Council will then confirm the new appointment later at the October 4, 2005 regular meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: none PROPOSED MOTION: T hereby move the appointment of the following person to the City's Lodging Tax Advisory Committee: One I-year unexpired term ending October 31, 2006 - (The City Clerk will arrange for introduction and presentation of the appointment certificate t()f the new appointee at the October 18th regular meeting) CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED COUNCIL BILL # D .l>ENIED 1ST d' rea mg D T ABLED/DEFERRED/NO ACTION Enactment reading D MOVED TO SECOND READING (ordinances on~y) ORDINANCE # -- RESOLUTION # REVISED - 05/10/2001 -- MEETING DATE: October 4, 2005 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUB.JECT: PLANNING COMMISSION APPOINTMENTS CA TEGORY: BlJDGET IMPACT: D CONSENT 0 ORDINANCE Amount Budgeted: $ D RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $ rg] CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $ ATTACHMENTS: none SUMMARY/BACKGROUND: At a special meeting on October 4,2005, the City Council will interview applicants to fill one 4-year position on the City's Planning Commission. The Council will confirm their new appointments during that evening's regular meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a PROPOSED MOTION: I hereby move the appointment of the following persons to the City's Planning Commission: One 4-year term expiring September 30, 2009 - (optional) 3-year alternate term(s) expiring September 30, 2008 - ~~_~_.."...w.,~_~_u.~~ (The City Clerk will arrange for introductions and presentation ofthe appointment certificates tl1r the new appointees at the October 18th regular meeting) CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # D ST ._._-~"' DENIED l' reading D TABLED/DEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING {()rdinances only) ORDINANCE # MEETING DATE: October 4, 2005 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Camp Kilworth Acquisition, Terms and Conditions .. .................-.., ..................-...... . ....""",..""",..""" .""..."..,-........,.,..,,-.. ........,-...... "'" . . "........"..........................................-...... CATEGORY: BUDGET IMPACT: D CONSENT D ORDINANCE Amount Budgeted: $ D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $ X CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $ ...........-.....-.-...---......- ...................................................... . .... ........................_...._.__.....__._..__......_m...__.__.....__...... .................................- .........-...... ...... ........"""...""... A TT ACHMENTS: Purchase and Sale Agreement will be provided prior to the meeting. .........._.......__ .............~........"..u.....~.....,..,..,',.............,..,',.,.,"'" """."",,,'" ... .............. .......................................................................",..,.."""M......"'..... """","'.."".....,...,.", . ...... . ................................-....-..-......-....--........--.......-.....- .......................... ...............................................-........ SUMMARYIBACKGROUND: As directed by Council, City Staff has negotiated with the Pacific Harbour Council of the Boy Scouts of America (the "Scouts") for the acquisition of the 25 acres Camp Kilworth located in Federal Way. The Scouts prepared an appraisal on the property which suggested a fair market value of $3.8 million. The City conducted a soil condition analysis, a wetland analysis, and a boundary survey to determine the buildable area and used this information as the base for its own independent market value appraisal which resulted in a market value of $3.2 million. The City and the Scouts reached a final negotiated price for the property of $3 million, with the following terms and conditions: Purchase Price $3 million; to be paid as follows- and payment terms: $1.2 million at closing, $1 million on or before 1'1 anniversary, and $800k on or before 2nd anniversary. The deferred payment will bear interest rate at 3.5% per annum payable annually on above principal due dates. Deed Petition: Joint petition to clear the Deed restriction and to quiet title. Scouts Use: 2 week-long summer day camps 2 weekend camps each in spring and fall 12 evening trainings Scouts may use for the above free of rent so long as the city owns and operates this site as public park, scouts will be responsible for any incremental costs city incurred for setup, cleaning etc to accommodate the uses. The park will remain open to the public during the above use periods. Scouts agree to adopt the park and conduct Eagle Scout projects for park improvement and maintenance. Contingency: Clear TitlelDeed restriction no later than 12/31/2007. Closing: 90 days after removal of title contingency. "",.",,,."',,,,..,.,,,,'" ,."',"'."',..,.".....,...... . ................................-........... ..... ................................ ....... . ............................................."..""'.,.."",,.. ......,,,"',,,,.... CITY COUNCIL COMMITTEE RECOMMENDATION: N/A .......................-..-......-...... ..,..,.".,..._"''''..''''''''' ""',."..",,.,.........,..... ... .. .........................- .................-......-...... """""",,,,,.. PROPOSED MOTION: "I move to approve the terms and conditions of the purchase, and authorize the City Manager or his designee to execute a purchase and sale agreement that is consistent with the above." ~;;;;A~~~~;~P;OVAL'=~_~. -. "-"........._,,._-- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) ~ i~!c Lf.vT DRAFT ~'7r~-fo I~ 'RCe) ~ loft CC~ (/) REAL EST ATE PURCHASE AND SALE AGREEMENT The City of Federal Way, a Washington municipal corporation ("Purchaser") agrees to purchase, and Boy Scouts of America Pacific Harbors Council ("Seller"), agrees to sell, on the following ternls, certain real property located in Federal Way, Washington, and legally described in Exhibit A, attached hereto and incorporated by this reference ("Property"). 1. Terms of Purchase. 1.1. Purchase Price. The total purchase price is Three Million and No/l 00 Dollars ($3,000,000), including earnest money. 1.2 Method of Payment. One Million Two Hundred Thousand and No/lOO Dollars ($1,200,000) to be paid at closing; One Million and Noll 00 Dollars ($1,000,000) to be paid on or before the first anniversary of closing; and Eight Hundred Thousand and No/IOO Dollars ($800,000) to be paid on or before the second anniversary of closing. The deferred payment will bear interest at a rate of 3.5% per annum payable annually on the principal due dates. 1.3 Earnest Money. Seller acknowledges receipt from Purchaser of One Hundred Thousand and Noll 00 Dollars ($100,000) in the form of a promissory note to be placedin escrow at Pacific Northwest Title Company of Washington, Inc. as earnest money in partial payment of the purchase price. 1.4 Use Agreement. The Parties shall execute an Agreement, on or before closing, that shall detail Seller's permitted use of the Property after closing. In SUlllffiary, the Agreement shall guarantee use of the Property by the Seller, without rental charge, for as long as the city owns and operates the Property as a public park, for: (a) 2 week-long day camps (typically in July and/or August) per year; (b) 2 weekends in Spring and 2 weekends in Fall each year; and (c) 12 evening training sessions scheduled throughout the year. Seller shall reimburse to Purchaser all costs incurred by the Purchaser to accommodate such uses, and shall provide insurance and indemnification as required by Purchaser. The Property shall remain open to the public during the above use periods. Seller agrees to adopt the park property and conduct Eagle Scout and troop projects for park improvement and maintenance. 2. Title. 2.1 Condition of Title. Unless otherwise specified in this Agreement, title to the Property is to be free of all encumbrances or defects, except that rights reserved in federal patents or state deeds, building or use restrictions general to the area, other than platting and subdivision requirements, and utility easements shall not be deemed encumbrances or defects. Encumbrances to be discharged by the Seller shall be paid by the Seller on or before closing. 2.2 Title Insurance. Seller shall, at Seller's expense, immediately upon execution by the parties to this Agreement, apply for an ALTA extended form of Owner's policyoftitle insurance issued by Pacific Northwest Title Company of Washington, Inc. The preliminary commitment thereto, and the title policy to be issued, shall contain no exceptions other than general exclusions and exceptions approved by the City and any that may be excepted herein. lftitle cannot be made so insurable prior to December 31, 2007, the earnest money shall be returned in full to the Purchaser, any and all costs shall be paid by the Seller, and this Agreement shall be terminated. 3. Closine. 3.1 Closing of the Sale. This sale shall be closed ninety (90) days from Purchaser's notice to Seller of Purchaser's satisfaction of the contingencies set forth in Section 4.1 herein, or at another time agreed to in writing by the parties, but in any event closing shall occur no later than March 31, 2008. 3.2 Closing Agent. This sale shall be closed by a closing agent designated by Purchaser. Purchaser and Seller shall, immediately upon demand, deposit with closing agent all instruments and monies required to complete the purchase in accordance with this Agreement. 3.3 Closing Costs and Proration. Purchaser and Seller shall each pay one-half (1/2) ofthe escrow fees. Taxes for the current year andall'rents, interest, utilities and other liens and charges shall be prorated as of closing. Seller shall pay real estate excise tax. Parties shall pay those charges accruing to the date of closing on or before the date of closing. 3.4 Possession. Purchaser shall be entitled to possession of the Property either pursuant to the terms of a possession and use agreement, or at closing, whichever occurs first. 3.5 Conveyance-Warranty Deed. Title shall be conveyed by statutory warranty deed ("Deed"). 4. Contine:encies. 4.1 The Contingencies. Purchaser's obligations under this Agreement are conditioned upon and subject to Purchaser's satisfaction, in its sole discretion, or Purchaser's written waiver of the following contingencies: (a) Seller shall be able to transfer Title to the Property free of all encumbrances, defects, or restrictions, no later than December 31,2007. (b) Purchaser's determination that the soils of the Property, or structures or improvements on the Property, are free from any hazardous substances whatsoever. Seller shall reasonably cooperate with the Purchaser to provide such information that the Purchaser requests to the extent that such information or documents exist and are under the control of the Seller, and grant to the Purchaser the right to enter the property at reasonable times to inspect and obtain necessary samples from the same. This contingency is solely for Purchaser's benefit and shall be determined in the exercise of Purchaser's sole discretion; (c) Final approval of this Agreement by the City Council of Federal Way; (d) The truth and accuracy of all representations and warranties of Seller; (e) The absence of any violation of federal, state or City laws including without limitation, all City codes, ordinances, resolutions, regulations, standards and policies, as now existing or hereafter adopted or amended, effecting the use, occupancy or condition of the Property; (f) Seller's failure to comply with the order of any court or governmental authority or agency pertaining to the Property or the use, occupancy or condition of the Property; (g) The pendency or threat of any litigation or proceeding relating to the Property; or (h) Any material change in .the Property or the improvements on the Property occurring after the execution of this Agreement. 4.2 Contingency Period. Purchaser shall have until the closing date in which to notify Seller that it has satisfied or waived satisfaction ofthe contingencies or has elected to terminate this Agreement pursuant to such contingencies. 5. Seller's Representations and Warranties. 5.1 Environmental Conditions. Notwithstanding the contingencies above, it is the Seller's obligation at its sole cost and expense to comply or ensure compliance with all federal, state, foreign and local laws or administrative orders with respect to environmental conditions existing on the Property at closing including, without limitation, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Spill Compensation and Control Act, and the Environmental Cleanup Responsibility Act. Such obligation, and any liability that Seller may have for any breach thereof shall survive the closing. In the event Purchaser discovers or is notified about the existence of any environmental condition (including, without limitation, a spill, discharge or contamination) that existed as of and/or prior to the closing date or any act or omission occurring prior to the -3- -.---- closing date, the result of which may require remedial action pursuant to any law or may be the basis for the assertion of any third party claims, including claims of governmental entities, Purchaser shall promptly notify Seller and Seller shall, at its sole cost and expense, proceed with due diligence and in good faith to take the appropriate action and response thereto. In the event that Seller fai Is to so proceed with due diligence and good faith, the Purchaser may, at its option, proceed to take the appropriate action and shall have the rights to indemnity as set forth below. 5.2 Utilities. Seller represents and warrants that the Property is connected to A. public water main - B. well - C. public sewer main - D. septic tank - E. none of the above - 5.3 No Leases. Seller represents and warrants that the Property is not subject to any leases, tenancies or rights of persons in possession. 5.4 No Material Defect. Seller is unaware of any material defect in the Property. 5.5 Debris and Personal Property. Seller will remove all debris and personal property, prior to closing, located on the Property, if any, at Seller's cost and expense. 6. Seller's Indemnities. Notwithstanding Purchaser's waiver or satisfaction of any of the contingencies, the Seller agrees to indemnify and hold harmless the Purchaser, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses and costs, including without limitation, reasonable legal, accounting, consulting, engineering and other expenses which may be imposed upon or incurred by Purchaser, or asserted against Purchaser, by any other party or parties (including, without limitation, a governmental entity), arising out of or in connection with any environmental condition existing as of and/or prior to the closing date, including the exposure of any person to any such environmental condition, regardless of whether such environmental condition or exposure resulted from activities of Seller or Seller's predecessors in interest. This indemnity shall survive the closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 7. Notice. Any notice made pursuant to this Agreement, must be in writing, signed by the Purchaser or Seller and delivered to the Purchaser or Seller at their respective addresses set forth below. Facsimile transmission of any signed original document shall not be the same as transmission of an original. 8. General Conditions. 8.1 Performance. Time is of the essence to this Agreement. -4- 8.2 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 or understandings pertaining to any such matters shall be effective for any purpose. 8.3 Modification. No provision of this Agreement, including this provision, may be amended or added to except by agreement in writing signed by the parties. 8.4 Full Force and Effect. Any provision of this Agreement which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 8.5 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws ofthe State of Washington. 8.6 Captions. The respective captions of the paragraphs of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Agreement. 9. Survival of Warranties. The terms, covenants, representations and warranties contained in this Agreement shall not merge in the Deed, but shall survive closing. 10. Aereement to Purchase. Purchaser offers to purchase the property on the terms and conditions set forth herein. In the event Seller does not accept this offer on or before , 20_, this offer shall expire and terminate. Dated this day of ,20~. PURCHASER: CITY OF FEDERAL WAY By: David H. Moseley, City Manager 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 APPROVED AS TO FORM: Patricia A. Richardson, City Attorney -5- Seller's Acceptance. Seller agrees to sell the Property on the terms and conditions in this Agreement. Seller acknowledges receipt of a copy of this Agreement on , 20_ signed by all parties, and acknowledges having read the terms and conditions herein. SELLER: By: Its: (Address) ( ) (Phone) Purchaser's Receipt. Purchaser acknowledges receipt of a Seller's signed copy of this Agreement on ,20_ PURCHASER, CITY OF FEDERAL WAY By: K:\P ARKS\Camp Kilworth\Purchase and Sale Agreement -6- COUNCIL ACTION: COUNCIL BILL # D ST ".,,~--'~.~--,. APPROVED l' reading D DENIED Enactment reading D TABLEDIDEFERRED/NO ACTION ORDINANCE # D MOVED TO SECOND READING (ordinances only) RESOI~UTION # K:\AGNDITEM\2005\Camp k agenda bill MEETING DATE: October 4, 2005 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Approval of New City Hall Contract CATEGORY: BUDGET IMP ACT: 0 CONSENT 0 ORDINANCE Amount Budgeted: $ 0 RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $ ~ CITY COUNCIL BUSINESS 0 OTHER Contingency Rcq'd: $ ATTACHMENTS: Notice of Completion ofPubIic Works Contract, Certification for Release of Contract Retainage SijMMARVisACKGROUND:Siateiaw'reqliTrestllecltytoreta;;,5 %;)fti,em;;I'eyd~ei;)eaci,"c(;11i;:t;ct:;;r;ts;;tr~st:f~l,d"r;;;:;I,e protection of anyone who performs labor; provides materials, supplies or equipment; or subcontracts to the prime contractor. In addition, on contracts less than $25,000, a contractor may elect to have the City retain another 50% of the contract in lieu of a performance bond, As part of the process, a notice of completion and punch list is issued to each contractor, the Department of Revenue must verify that no outstanding taxes are owed, and the Council must accept each contract is complete before any retainage or performance bond is released to the contractor. StafT has accepted the following project as complete and seeks acceptance of completion by the City Council: VECA Electric (New City Hall Electrical Service) CITY COUNCIL COMMITTEE RECOMMENDATION: FEDRAC recommends that the full Council authorize stafTto place requests to accept the new city hall contracts as complete, release retainage, and release performance bonds directly onto fi.lture Council business agendas. PROPOSED MOTION: "I move to accept the New City Hall Electrical Service contract as complete and authorize staff to release retainage, and performance bonds to the appropriate contractor." CITY MANAGER APPROVAL, __ .........~~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED ST l' reading 0 T ABLED/DEFERRED/NO ACTION Enactment reading D --'-""~'~'~ MOVED TO SECOND READING (ordinances nnM ORDINANCE # ._--~,-,~ ~_.~._~ RESOLUTION # ,.~-"- REVISED - 05/10/2001 -.------- . REVENUE State of Washington Department of Revenue PO Box 47474 Olympia, WA 98504-7474 Contractor's Registration 601 I 90 73 I No. (UBI No.): Date: 9/22/05 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: I; City of Federal Way Assigned To P. O. Box 9718 Federal Way, W A 98063-9718 Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract New City Hall Electrical Service Contractor's Name I Telephone Number Veca Electric Co., Inc. 206.436.5200 Contractor"s Address PO Box 80467, Seattle WA 98108 Date Work Commenced I Dat< Work Co~lcted ., Dat< Work Accepted V27/04 5/31/05 Surety or Bonding Company Ag.ent's Address Contract Amount: $ 554,000.00 Amount Disbursed: $ 754,833.92 Additions or Reductions: ($) 173,200.24 Amount Retained: $ 36,360.02 Sales Tax: $ 63,993.60 TOTAL: $ 791,193.94 TOTAL: $ 791,193.84 *Retainage Bond in the amount of$ was provided to the city -- ,:I'~ .. ["1; Signature: Type or Print Name: Phone Number: The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, W A 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired or a language other than English, please call (360) 753-3217. Teletype (TTY) users may call (800) 451- 7985. You may also access tax information on our Internet home page at http:/dor.wa.gov. Certification for Release of Contract Retainage Bid/Contract No: fJb () L( . ? I.Q Project Title: ~E:-\0 C \ "\ '-I H A\\ -fl 6;C+ Q.,C.~ I $E::Q V \ LE:- I I hereby certify, as Contract Administrator representing the City of Federal Wa~ that all work required by the above cited contract was completed on 5 \ ~ \ \ 0 ~ , and final acceptance by the City Council was granted on I also certify that no liens have been received within 30 days from the above date from any person or persons, subcontractors or material men, who have performed or provided any work or material on subject contract. Q 5~-,vc Contract Administrator \ '-;( ". .'-~" Z . -...... . (" .,. (" ,/i, ' . ~...-~;,;. -<.:-..-. -.~J( m.,.r'" Director of Administering Departme t Also, please find attached Notice of Completion of Public Works Contract for the notification of Department of Revenue and Employment Security Department. MEETING DATE: October 4, 2004 ITEM# -.-....... , .... ..............................................-......-- "",.."'",,,,,,,,,.'" ... ...............................-- ..................-.......-....... ....................................-....-- ............._m.... CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Resolution - City Center Redevelopment Stratee:ies CATEGORY: BUDGET IMP ACT: CONSENT ORDINANCE Amount Budgeted: $0 X RESOLUTION PUBLIC HEARING Exoenditure Amt.: $0 CITY COUNCIL BUSINESS OTHER Contine:encv Reo'd: $0 .................._..___.......m..._...~........"......~..............",...., """""""".,.......... """".""",,, ",....",...."., . m.. .................__........._..._...___....._........_ ............................_.~........,...,,""",..............,'"".".."..""'..........""".."".."""''''''''.''..'''._. .""...,..,.,....._.., ....,......,.."',.""".......,"'w..".".."".."....".........""""",,'""",......"...... ATTACHMENTS: Resolution; Staff Memo to Council, dated 9/29/05; "City Center Redevelopment Strategy - Market Analysis Findings and Strategy for Investment" report by Leland Consulting Group ,.........."."""."',.,.." ,..".,.."..,_ mm...mmm.__..m._.mmmm__ mmmm....m_ mmmmmmmmmmm..~....~._.m_".~..,,,.........,,..,""',..,...,,,........,..."""....",,"'. "."...".....""."""',,,,'" ".",..,m._..,..,._mm..__..m._.._._._m_m_mmm___ mmmmm_._._.... mm.~~.__._mm._.____m._____.._.m..___.__.._.._ SUMMARYIBACKGROUND: Pursuant to the Growth Management Act, the City Council adopted the Federal Way Comprehensive Plan in 1995 and included a City Center chapter. The result is a City Center chapter that includes a two-page "Vision Statement." Highlights from that Vision Statement include: "By the end of the comprehensive planning horizon, the Federal Way City Center will have evolved into the cultural, social and economic center of the City.. .reinforced by pedestrian-oriented streetscapes; an efficient multimodal transportation system; livable and affordable housing; increased retail, service, and office development in a compact area; a network of public spaces and parks; superior urban design; and a safe, essential, and vibrant street life"; and "A central gathering place for the community, the City Center is where the whole community can congregate and celebrate. Civic and cultural facilities, in addition to a parks and open-space system, meet the needs of residents, employees and visitors." A decade has passed since adoption of the Comprehensive Plan and the City Center chapter, yet development and redevelopment within the City Center has made only limited progress towards achievement of the City Center vision. In some areas development during the last ten years has actually gone downhill. Some properties include now long-vacant buildings and/or have seen retenanting to a lower grade of establishment than previously occupied the sites/buildings. Over the past few years, especially during and immediately after the recession that started in 2001, the City Council and interested stakeholders have held numerous discussions around the these issues and what market forces mayor may not influence the future of our City Center. Many timcs in discussion over the past few years the issue has been raised over what the "market" for development may be in the City Center. In response to these conditions and questions, the City Council hired the Leland Consulting Group ("Leland") to conduct a detailed market study for retail, lodging, housing and office uses, and develop an accompanying set of redevelopment strategies, for the City Center. Leland has completed its work, including three presentations since May 2005 and culminating in a compilcd report - City Center Redevelopment Strategy - Market Analysis Findings and Strategy for Investment. In addition to Leland's work, the City has also hired the services ofRTKL & Associates who are conducting a City Center public spaces visioning exercise, consisting of two public workshops and their analysis. The results of this work will lead to a set of development parameters for public spaces in our City Center and recommendations on next steps for public-space development. Given limited City funding, a specific analysis of opportunities for public spaces being leveraged by private development will be included. PROPOSED RESOLUTION The Resolution before City Council does four things: I. It accepts the Leland report; 2. Reiterates City Council express support for the Comprehensive Plan City Center vision that will require substantial additional development of a variety of developments types and uses; 3. Expresses City Council intent to consider for implementation the redevelopment strategies suggested by Leland at approximately the 2010 timeframe; and, 4. Expresses City Council intent to consider potential public-private and/or public-public financial partnerships for appropriate redevelopment projects. .._........._..__......__....._ mmm........._............................................""""...'''......''"""""".., .. . mm ............._......._.._._.....__.__....._.........._............_..._..._........m..__.__._.___............~..............",..................,"',... """..."........"""......""'........""..............."...."...",.....,,.. ,..."'."..,...,..."'.."',,,,,,,,,,,.....,,,..,,,,,........,..,.............,"...".~....~,...................... CITY COUNCIL COMMITTEE RECOMMENDATION: N/ A . ........... .....m.m ................._....... ..........._........._.._.._.__........_......._.............~._.. .......,....,........,.....,.."",...,,,,,,,,,,,, .,.,.."..... .."..,......--..........-....--..-....-......-...-----......-.-.-....--....-..- ..............-- ..............._~- ............_-_._..........~~............................~.........__....._.......__...._-.----.-.....---...--.....-- PROPOSED MOTION: "I move to approve the attached Resolution." -_._--~~--------~ CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED COUNCIL BILL # D DENIED 1 ST reading D TABLED/DEFERRED/NO ACTION Enactment reading D MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED ~ 04/28/2003 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REGARDING ADOPTION OF CITY CENTER MARKET STUDY AND REDEVELOPMENT STRATEGIES REPORT BY LELAND CONSUL TING GROUP AND INTENT TO CONSIDER PUBLIC-PRIVATE AND PUBLIC-PUBLIC PARTNERSHIPS FOR APPROPRIATE CITY CENTER REDEVELOPMENT. WHEREAS, in 1995 the Federal Way City Council adopted the Federal Way Comprehensive Plan, to implement the planning requirements of the Growth Management Act, RCW 36.70A; and WHEREAS, the City Council-adopted Federal Way Comprehensive Plan City Center Chapter includes a "Vision Statement" that reads in pertinent parts: "By the end of the comprehensive planning horizon, the Federal Way City Center will have evolved into the cultural, social and economic center ofthe City.. . reinforced by pedestrian-oriented streetscapes; an efficient multimodal transportation system; livable and affordable housing; increased retail, service, and office development in a compact area; a network of public spaces and parks; superior urban design; and a safe, essential, and vibrant street life"; and "A central gathering place for the community, the City Center is where the whole community can congregate and celebrate. Civic and cultural facilities, in addition to a parks and open-space system, meet the needs of residents, employees and visitors"; and WHEREAS, the City of Federal Way Comprehensive Plan City Center Chapter was developed with substantial community involvement through the "CityShape" process; and WHEREAS, a decade has elapsed since adoption of the City Center Comprehensive Plan vision, during which time development and redevelopment in the City Center has made only limited progress towards achievement of the vision; and Res. # I Page 1 WHEREAS, the City Council has hired the Leland Consulting Group to conduct a detailed market study for retail, lodging, housing and office uses, and an accompanying set of redevelopment strategies, for the City Center; arid WHEREAS, the City Council has hired RTKL Associates to conduct a City Center public-spaces visioning process; and WHEREAS, the Leland Consulting Group has completed its scope of services, presenting to the City Council and public a detailed market study, set of suggested redevelopment strategies, and recommended specific actions that could lead to appropriate redevelopment projects for the City Center; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOL YES AS FOLLOWS: Section 1. The City Council recognizes and accepts the "City Center Redevelopment Strategy - Market Analysis Findings and Strategy for Investment" report, prepared by the Leland Consulting Group. Section 2. The City Council reiterates its support for the Comprehensive Plan vision for the City Center and recognizes that substantial additional development ofthe following uses and development types may be necessary to fulfill the vision: . Retail, service and eating/drinking establishments . Lodging and meeting facilities . Ownership and for-rent housing . Entertainment and cultural facilities, including cinemas, theatres, performing arts facilities, museums, etc. . Professional and customer-service offices . Civic, educational, and other institutional uses . Public gathering spaces, ranging from pocket parks to town square Res. # I Page 2 . Any combinations of the abovc uses in pedestrian-fricndly, transit-related, high-amenity, mixed-use and/or multistory development fonnats Section 3. The City Council expresses its intent to consider all suggested redevelopment strategies for potential implementation by 2010 in an effort to position the City to attract and accommodate development and redevelopment that will fulfill the City Center vision, pursuant to Section 2. Section 4. The City Council expresses its intent to consider potential public- private and/or public-public financial partnerships for appropriate redevelopment projects, pursuant to Section 2. Section 5. Severabilitv. If any section, sentence, clause or phrase ofthis 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 6. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. .' Res. # I Page 3 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of ,2005. CITY OF FEDERAL WAY MAYOR, DEAN MCCOLGAN ATTEST: ACTING CITY CLERK, JASON SUZAKA APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Res. # I Page 4 ~Federal Way DATE: September 29, 2005 TO: City Council ~ VIA: David Moseley, City Manag ~ FROM: Patrick Doherty, Economic Development Director SUBJECT: Leland Study - "City Center Redevelopment Strategy - Market Analysis Findings and Strategy for Investment. " BACKGROUND Pursuant to the Growth Management Act, the City Council adopted the Federal Way Comprehensive Plan in 1995 and included a City Center chapter. In order to produce the City Center chapter, the City Council hired consultants to lead an effort that would include substantial public involvement in creating an articulated vision for the future ofthe City Center. The ensuing "CityShape" process included public meetings with charrette-style exploration of ideas, plans and images. The result is a City Center chapter that includes a two-page "Vision Statement." Highlights from that Vision Statement include: "By the end of the comprehensive planning horizon, the Federal Way City Center will have evolved into the cultural, social and economic center of the City. . . reinforced by pedestrian-oriented streetscapes; an efficient multimodal transportation system; livable and affordable housing; increased retail, service, and office development in a compact area; a network of public spaces and parks; superior urban design; and a safe, essential, and vibrant street life"; and "A central gathering place for the community, the City Center is where the whole community can congregate and celebrate. Civic and cultural facilities, in addition to a parks and open-space system, meet the needs of residents, employees and visitors." A decade has passed since adoption of the Comprehensive Plan and the City Center chapter, yet development and redevelopment within the City Center has made only limited progress towards achievement ofthe City Center vision. With the notable exceptions of two mid-rise hotels and some modestly sized retail estahlishments that include outdoor seating and a street-oriented fayades, the vast majority of the City Center continues to be developed with one-story commercial strip centers and big-box retailers surrounded by acres of surface parking; vacant buildings and lots; and numerous auto- oriented retail and eating/drinking establishments. Memo re Leland Study September 29,2005 Page 2 of 4 The Commons at Federal Way has seen a great dcal of investment over the past couple years, and the addition of new retailers and entertainment will be a welcome contribution to a multi-use City Center. This latest round of new development has not yet stepped up to the nature envisioned in the Comprehensive Plan - with more multi-use, multistory buildings and/or creation of a pedestrian-friendly environment. But perhaps future developments at The Commons will take more of this form. In some areas development during the last ten years has actually gone downhill. Some properties include now long-vacant buildings and/or have seen retenanting to a lower grade of establishment than previously occupied the sites/buildings. Over the past few years, especially during and immediately after the recession that started in 2001, the City Council and interested stakeholders have held numerous discussions around the these issues and what market forces mayor may not influence the future of our City Center. Many times in discussion over the past few years the issue has been raised over what the "market" for development may be in the City Center. In response to these conditions and questions, the City Council hired the Leland Consulting Group ("Leland") to conduct a detailed market study for retail, lodging, housing and office uses, and develop an accompanying set of redevelopment strategies, for the City Center. Leland has completed its work, including three presentations since May 2005 and culminating in a compiled report - City Center Redevelopment Strategy - Market Analysis Findings and Strategy for Investment. The Leland report includes important infonnation and recommendations that can be briefly summarized as follows: . An identification and analysis of the trade area for the Federal Way City Center, including analysis of existing and proposed competition within and affecting that trade area; . An in-depth identification of the trade area's demographics and psychographics, as compared to the Seattle-Tacoma-Everett metropolitan area in general; . An analysis of total unmet retail demand over the next ten years within the trade area, 10 to 20% of which the Federal Way (including the City Center) could capture (approximately 470,000 to 950,000 square feet); . An analysis of total unmet lifestyle retail demand over the next ten years within the trade area, 10 to 20% of which the Fcderal Way City Center could capture (approximately 195,000 to 275,000 square fect); . Similarly, analyses of the total unmet office, residential demand and lodging demand over the ncxt ten years and Federal Way City Center's potential percentage capture: Memo re Leland Study September 29, 2005 Page 3 of 4 0 200,000 to 300,000 square feet of office 0 800 to 1,200 housing units 0 250 to 400 lodging rooms . A series of recommended strategies that could position Federal Way City Center to capture the above-cited market demand for development. These strategies are broken down into four general categories: 0 Tell a New "Story" . Know the Market . Develop New Identity 0 Define the Public Realm . Create the Place (Identity) . Connect the Parts 0 Use Regulatory Environment to Encourage "Right Development" . Encourage Good Projects/Discourage "Bad" Projects . Eliminate Barriers to InvestmentlReinvestment 0 Participate at Multiple Levels . Foster Public-Private Partnerships . Make Both Monetary and Non-Monetary Contributions . Three general partnering approaches are laid out: 0 Passive approach: marketing and promotion, respond to potential partnership proposals 0 City-staffed proactive approach: marketing, direct promotion to developers, RFP's, potential project involvement 0 Consultant-staffed proactive approach: marketing, direct promotion to developers, RFP's, potential project involvement . Lastly, three illustrative "catalyst" projects are provided to show scope of development possible and scope of potential partnership possible. In addition to Leland's work, the City has also hired the services ofRTKL & Associates who are conducting a City Center public spaces visioning exercise, consisting of two public workshops and their analysis. The results of this work will lead to a set of development parameters for public spaces in our City Center and recommendations on next steps for public-space development. Given limited City funding, a specific analysis of opportunities for public spaces being leveraged by private development will be included. RESOLUTION The Resolution before City Council does four things: 1. It accepts the Leland report; 2. Reiterates City Council express support for the Comprehensive Plan City Center vision that will require substantial additional development of a variety of developments types and uses; ~ Memo re Leland Study September 29,2005 Page 4 of 4 3. Expresses City Council intent to consider for implementation the redevelopment strategies suggested by Leland at approximately the 2010 timeframe; and, 4. Expresses City Council intent to consider potential public-private and/or public- public financial partnerships for appropriate redevelopment projects. MEETING DATE: October 4, 2005 ITEM# .. _~____n,._mm""'" ,,,mm""""''''''''.''.._.,-..._nnm m _ . _ mm__.n_m.... mmmmn_.,n"~""m"".m,. ...................................."'''''''.............................-....... CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Downtown Redevelopment Fund ...... ......,.......~.........__....... ............_.._...._.._._._...._......._..._.....__.........._m.... .......... . .......................,.,...""..."."",..."".....,...............--.-.-.......--..................".." CATEGORY: BUDGET IMPACT: 0 CONSENT 0 ORDINANCE Amount Budgeted: $ 0 RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $ X CITY COlJNCIL BUSINESS 0 OTHER Contingency Req'd: $ .....m........",...",,,.. ..,......,."...,",...~.......~.""................................_...",.... .............mmm........._....."~ ,.."" ..,',."'..,~......._.. ..........._....... ...........................,....,,,,,,,.... ...............--.......--..-.....--......,....... ATTACHMENTS: August 5, 2005, Downtown Redevelopment Fund Issue Paper ..-.,......"..-...-.....-......,......... ............~""'",.......".."...,..............".....,""'''''''''',.,""""" .........--....,--..-..,-.,....,......"'''...".."................ ................................... ......,.....,.,.,""",....,...............,..~ ..-.-......--......-.......---..-....... SUMMARY/BACKGROUND: On August 9, 2005, Staff presented to the Finance/Economic Development Regional Affairs Committee the Downtown Redevelopment Fund Issue Paper. Subsequently the Leland Group has presented strategies for redevelopment and RTKL Associates has conducted two workshops on public open spaces in the downtown. Given the focus and consulting expertise for redevelopment of the downtown, the Mayor directed Staff to place the item ofthe Downtown Redevelopment Fund on the October 4,2005, City Council Agenda for discussion. ".."..."..............~.,......., ...... ..........~..~.._..~_..__.~....._--_._....__....._..._._....... .. "m.. ...."",.......". ........_ ......_....... .. ....................._...._......,.,..."',."."....,.."""",......~.. .......-...-....... CITY COUNCIL COMMITTEE RECOMMENDATION: N/ A "--'-'-"'''''''''-'''-''' . . ............,..,...,....,.",...."'."......,,"......,..............................".....,.............."."., ............--.....-..-...,-.-....."..,..,.,....................... ........ .................-....-.--.-.-.-.-.-.."""'...."'''..,., ""."...........-....... PROPOSED MOTION: I move to direct the City Manager to prepare a Resolution for the October 18, 2005, City Council setting forth Council's commitment to establish a Downtown Redevelopment Fund with an initial investment of $5 million and the possibility of a dedicated funding source, in accordance with Council's discussion. -----~ "",........... ..............--- .........".,."..."""".................-....... -.....,.".."""""............... ..........-.----.-........--.., .........."...... CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 1 ST reading ... DENIED 0 -....---- l' ABLED/OEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordilllJflcn olll)) ORDINANCE # -- RESOLUTION # -.- ~,~._. -.. ... ...--..- -'---"~'''~'..~. REVISED - 05/10/2001 K:\AGND1TEM\2005\Downtown Redevelopment Fund CfTY or FEDEH.AI, WAY MEMORANDUM ~.,~- ~~,--'. ~. -- Date: August 5, 2005 To: Finance, Econ~pment and RegIOnaL Affairs Committee Via: David H. Mose ~l 'mager ~-, J From: lwen Wang, Manag ment Services Director ,,,,,j:::--<--- Subject: Downtown Redevelopment Fund (DRF) Issue Paper I'olicy Question: [ What is a rean\'tic goaljor the city to accomplish and in what timej'rame? ll. What is tlte city willing to do to achieve tlte established goal(s)? [[{ How would the city finance the program? BACKGROUND: Economic development has always been a priority for the leaders of the City of Federal Way. Over the past couple of years, there have been discussions focusing on ways to encourage redevelopment in the City Center area and/or strategies to bring about the comprehensive plan vision of a mid-rise, mixed use, pedestrian friendly City Center. Specifically, the City: . Adopted multi-family housing tax exemptions in the targeted area. 1 . Ex.amined what has and has not worked in other cities. ~ Reviewed types of potential puhlic participation that may be needed to develop a den..<;er mixed / . use downtown. . Provided t'imding to consider a public gathering place: a plaza, a park, and/or other amenities as part of the redevelopment strategy. . Currently perlonning a downtown action SEP A analysis to make redevelopment time and costs more predictable. . Currently conducting a market study to identifY the likely and desired types of developments that should he pursued. Specifically, the Market Study, as presented by the Leland Group at the July 19, 2005 study session, identified there is a reasonable market demand over the next 10 year to support: . 200,000 to 300,000 sq tt of retail/entertainment space; . 200,000 to 300,000 sq ft of office/employment space; . 800 - 1,200 units of urban housing; and . 250 - 400 hotel rooms This is an estimated total potential private investment in the magnitude of$180 to $280 million. At recent discussions, the Council also expressed interest in establishing a fund that could assist qualified developments to construct public improvement elements of development requirement, as a strategy to encourage and achieve our share of the desired private investments in the City Center. The purpose of this memo is to explore the options and raise policy issues that Council may wish consider in clarifying the objectives, and to identify some potential financing options that could set aside funding in pursue of these economic development ideas. , (- I \\cfw\cfwmaill_ yoll.ctw\dala\ms\1edrac\1005\0809\ed fillallcedoc POLICY ISSlIES: l WHATlS A Rf;AUST/C GOAL (COR THE CITY TO ACCOMI'USl/ AND fNWHAT l1MEFRAME? Using the market demand analysis we just received, staff recommends the Council establish a goal/target that through the economic development efforts, we will generate: . 200,000 s,[ of retail/entertainment space, . 100,000 s.f. office space, . 600 urban housing units, and . 250 hotel rooms; for an estimated total private investment of $200 million within the next 5 years, in the City Center. In addition to the broad goals, if the city is considering financial incentives, the city should also consider establishing more detailed criteria to guide the desired private investment/development. Some of these detailed considerations are: I. What type of developments would qualify for public assistance? We know we want mixed use, multi-story developments. Would there be a minimum number of stories required? Would there be a minimum mixture of uses required? Is retail a required element; regardless of other uses above the ground floor? If we are already providing a ten-year property tax exemption for multi-family housing, do we treat them the same as other types of mixed use developments? Is structured parking a requirement? 2. Should there be a threshold for the size of eligible the developments? Because the City Center area is largely developed today, would a substantial rehabilitation project qualify (e.g. adding housing above existing retail structure)? Or would there be a threshold of invesbnent amount or development size to qualify for publie participation? 3, Should there be any location priorities? If the funding is limited, should the city consider different priority/weight for where exactly the development located in the City Center? (e.g, properties front 320th with higher weight vs. properties front other internal grid roads?) If WHAT fS THE efTY WILLfNG TO DO TO ACHfEVE THE GOAL(S)? As the Council is well aware, many communities within the city's trade area are providing various public assistance programs to attract mixed use development or redevelopment projects. Federal Way will be competing with other communities for desirable developments. Based on the conceptual development analysis in the Market Analysis prepared by the Leland Group, to achieve the desired development is more costly to the developers and the gap could be anywhere between 0% to 20%. If the Council agrees that the type of developments the city wants will likely cost more to develop and therefore likely have a tinancing gap without public assistances, then the question is how much? Using the $200 million private developments as a goal and using the average 10% potential gap as base, the projected private financing gap would be around $20 million. (-2 \lcfw\.cfwmain_ voll.cfw\dala\ms\lCdrac\2005\0809\cd finance.doc How the amount of assistance might be dcternlined could be based on a number of criteria: 1. As a percentage of private development. 2. A percentage up to a fixed dollar cap. 3. Based on substantiated funding need (gap analysis). 4. Proportionally to the development's contribution towards the goals. Even with established criteria and guidelines, there needs to be tlexibility and subjective judgment to allow the best public investment decisions. Therefore a fair and transparent process how a project's eligibility and funding would be considered should be detcnnined prior to the launch of the program. In. How WOULD THE CITY FINANCE IT? Assuming the goal is to provide $20 million or 10% of targeted private development, it is more than likely we will need to use a combination of methods and options to create the funding. l. I-time sources: With the high level of new construction activity and the robust real estate market this year, the City has collected more building permit fees and Real Estate Excise Tax (REEl') revenues than budgeted. Staff anticipates the combined surplus from these two sources will reach $3 to $3.5 million by the end of this year. While the interest rate is inching upward, it is likely the momentum of the market will carry it the next six to twelve months and thus additional resources may be available next year. Therefore the City Council could designate a portion of these I-time ) revenues towards the fund. Staff recommends using two-thirds of the one-time surplus during this biennium to create the Downtown Redevelopment Fund. Pros: . The public improvements are capital in nature, thus matching the Council's policy for using I-time revenues. . Building permit revenues are directly connected to the economic development activities. Cons: . This would exhaust one-time funding for other potential uses such as paying off the new city hall mortgage. . REEl' is restricted capital revenue and can only be used for quality-ing projects; part of the revenue cannot be used for park or land acquisition. 2. Current on-going Capital Sources: The City Council can redirect a portion of existing capital resources towards downtown redevelopment. Current allocation of on-going capital resources. an@Al amount in 2005 dollars: (in thousands '"-- =r: --~-.-. $/"/, available J $/% available $/% available _ Sources/ Allo~~!,i~':Is .~~_,:!rrent By}QQ7 B 20] 2 Ca itaIJ!!H{!J'..Iax, eacl!..JfJI!! = $1.25 mi!!!f!~!,"~_" (-3 \\cfw\.cfwmain_ voll.cfw\data\ms\fedrac\2005\0809\ed finance.doc ------- -~,.,_.._.,--'-- ---........- Street Overlay $875/0.7% $875/0.7% $875/0.7% __...u........... -- --"----,-.-_. .,~_.. --~-_. ---".,, Transp'?r.tation Capital $1 ,2~9!1.~....... $2,500/2% $2,500/2%, .~~. ._~.'..u...__."_ Parks -- $1,250/1% $1,250/1 % - .-.-..- Communi!y-_~c:=nter $925/0.75% $925/0.75% $925/0.75% .-._- Other Public Facilities -- -- $625/0.5% Real Estate Excise Tax, approximately $2 million per year, 2005 Year End E..timate ~ $4 million .'.'.'-'.- 1---. ~'--~ ^-'_. Street $1,000 $1,000 $1,000 Parks $550 $650 $650 ~~--~,- - Public Facilities $550 $450 $450 ---,-,. -- Major projects funded include: . Transportation: SR99 improvements, Triangle project, 5320111 bridge widening over [-5. . Parks: Lakota Park Redevelopment, and Sacajawea Park Redevelopment. . Public Facilities: New City Hall Mortgage, DBC rehab. Other needs: SL Maintenance facility. Pros: . A portion of the 1997 utility tax was initially designated for economic development (320111 Streetscape, gateway treatment - welcome monument sign, etc); re-establishing the fund would be consistent with the initial purpose of the tax. . Most of the City Center improvements are street/transportation-related expansions. The capital utility taxes as well as REET are largely designated for road projects. . On-going resources can also be used to finance larger lump sum investments by issuing } bonds. Cons: . Existing revenues are designated for certain purposes/projects. Diverting these resources means delaying/reprioritizing such projects. . REET is not as predictable an on-going revenue source. 3. Incremental on-going sources from new development: The City Council can also designate a portion of new incremental revenue generated from the new development towards the DRF fund. Pros: . It is logical to return some new revenues generated from the new developments back into the new developments. . While not legal in Washington, many other states recognize these incremental revenues and allow cities to use that to finance infrastructure needed for new developments. Cons: . New revenue generated from new developments is uncertain. If we expect to use the new revenue to repay debts, and it does not materialize or if it were delayed in timing, the City would be required to cover such shortfall with other revenues, including the general fund revenues. C-y \\cfw\.cfwmain..voll.cfw\dala\ms\fedrac\2005\0809\ed finance,doc . New development will create new demands for services. If the new revenue is not available to pay for such increases in service costs, all city services will need to be lowered to accommodate the added demand. . Any additional public improvements will require additional on~going resources for maintenance and operation. A public park will eost $IOOk per year to maintain. There could also be costs to provide programming (concerts, plays, fairs) at such parks/places in season, if desired. 4. City-funded Revolving Account. A couple of ways the City can make the initial investments, but recover the cost from property owners and/or developers. 1. Latecomers Fee: The City pays for improvements upfront; as they occur, eaeh development will be assessed their proportional share of the cost (we can add interest cost for the money fronted and can also collect less than 100% of the cost), which reimburses the City's initial investment. This is similar to the concept of a utility connection charge. As developments occur, the City will recover its initial investment and can invest in additional areas. II. LID: The City pays for improvements upfront and assesses property owners who benefit from the improvements in orderto recover the costs. The property owner( s) will pay an annual assessment for a period up to 10 (??) years, regardless if or when the property is redeveloped. A Pros: ,; City can make needed improvements all at once instead of piecemealing a project. . . Lower overall cost (since each time we do part of a road, we need to do 2/3 of a road as a minimum, so to make a full street we will do the middle 1/3 of the road twice.) . City can borrow at a lower interest rate and can pass on the interest savings to the developer. Cons: . Developers will pay for the public improvement(s) that are needed for the development. 5. Private Latecomers Agreement. There is also possibility for a private development to put in the required public improvement and reeeive reimbursement from future developments. This is done by a latecomers' agreement with the City, where the City will collect the cost from future developments based on their proportional benefit from the improvement, with interest, and reimburse the first developer. A private latecomers' agreement typically lasts ten years, but the City has the option to extend it for an additional ten years. This would only work if the improvements benefit additional future developments. Pros: . Improvements can be made all at once instead of piecemeal. . Lower overall cost (since eaeh time we do part ofa road, we need to do 2/3 ofa road as a minimum, so to make a full street we will do the middle II3 of the road twice) and fewer disruptions. C ,- 5 \\cfw\_cfwmain__ vol I ,cfw\data\rns\fedrac\2005\Ol109\ed finance,doc . Developer can recover part of their costs with interest. Cons: . The first developer will need to front the cost of the public improvement. . Cost recovery is uncertain (depends on when the next development occurs, and who benefits from the improvement). RECOMMENDA nON: For discussion purposes only. COMMlT1'EE ACTION: '\ } (-6 \\cfw\.cfwmain_ voll.cfw\data\rns\fedrac\2005\0809\cd Ilnance.doc - MEETING DATE: October 4, 2005 ITEM# . .....................n....... .............~....,''',...".,..- ..........-....... . . ...........................................-....... ........."....." ''''''''''m.'....... ............................-....... CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 21st Avenue S Grid Road Condemnation . .. ....... ..........._...__........~...... "'.....""",,..~....... ... ............................................"..".."'."."'."...-...--..-.........-........ "",..""..,. ..... ................. ........ .............................- ..................... ....."""""""""."'.,.,....... ... ... on ..........._........_.._..._._...._.._....... CATEGORY: BUDGET IMPACT: 0 CONSENT (3'J ORDINANCE Amount Budgeted: $ 0 RESOLUTION D PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS 0 OTHER Contingency Req' d: $ . ..... .....................-.....-.-......-.............."'g,..,"'.."".......-..-....... m.........."..............""'''.."...,.,_...__.._ ............_....... .... .... .................................--...- ............~. ........".....".."...""',, ... .......,,,.,.,""""",......"''''...'~'m'..._.'.,..'". A TT ACHMENTS: Proposed Ordinance . .... ....- .............----.--....-............."....."".....".......... . .... ..........................-....... ....."....,..."'...-........-....... . .. ........ .................-......-.....-...----.-...........-........ .... ...............................,..........'....n'.""... SUMMARY/BACKGROUND: Previously, the City Council authorized staffto acquire right-of-way for the 21st Avenue S Grid Road Extension (South 3lSd1 Street to S 320tl1 Street) Project for fair market value. Staff is currently contacting the property owners to negotiate the purchases. In anticipation that some or all of the property owners will refuse to sell because they dislike some aspect of the project, or because they want more money for their property, staffis requesting that the Councd adopt the attached condemnation ordinance. The ordinance authorizes the City Attorney to commence legal proceedings to acquire the necessary properties by condemnation if the negotiation process fails after a reasonable amount of time, in order to allow the project to proceed. .... .....- ....................._..........~......."'..,..,''''".,....''',..,~.,...._._.......-....... . .. .. .................................... """"""".......,...--....---....-..-........-........... . .... ............................--.--...--.......-.....-...-...--.......... . . ... ...................................._..~.......................,'"... CITY COUNCIL COMMITTEE RECOMMENDATION: N/A . ... .... ................_....._._.._.~.........""..u..."''',..''',...... . ...........-.....-............-..............""'...,."'" ..".....-...---....-....... .. . . ... ......... ..............-.-.--..--.--..-.......-.........-....... ... ....................._...._._._._..._........_.~....... PROPOSED MOTION: "I move the condemnation ordinance to second reading and enactment at the next regular meeting on October 18,2005." .......................................""".."......""..".,........-...-.----.... --~ .------ ..................................................."........""." CITY MANAGER APPRQV AI.,: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # D I ST reading -- ----.--.. DENIED ---. ,.." .-,.-.... D TABLED/DEFERRED/NO ACTION Enactment reading -..... ------... ..~ D MOVED TO SECOND READING (ordinances olllv) ORDINANCE # RESOLUTION # .--.-...-..- Rf.VISED - 05/1012001 ~",., ---.---.. '''-'--... . ---.---- . ---- DRAFT ORDINANCE NO. 9)7/P5 ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE CONDEMNATION, APPROPRIATION, TAKING AND/OR ACQUISITION OF CERTAIN REAL PROPERTY AND/OR EASEMENTS FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING RIGHT-OF- WAY IMPROVEMENTS IN THE VICINITY OF 21sT A VENUE SOUTH (SOUTH 31STH STREET TO SOUTH 320TH STREET), TOGETHER WITH ALL APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS ALL WITHIN THE CITY OF FEDERAL WAY; AND DIRECTING THE CITY ATTORNEY TO FILE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION. ~,~._.._. ~',.,r~_.'... THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Public Necessitv. The public health, safety, necessity and convenience demand that right-of-way improvements be constructed and maintained within the City of Federal Way within the vicinity of 21st Avenue South (South 31S1h Street to South 320th Street), and that certain real property and/or easements upon property be condemned, appropriated, taken and/or damaged for the construction of said improvements as provided by this ordinance. Failure to construct such right-of-way improvements will make it more difficult to achieve transportation mode splits consistent with city, county and regional plans, increase congestion on 20th Avenue South and 23rd Avenue South where they intersect South 320th Street, create the potential for additional traffic and/or traffic/pedestrian accidents, and inhibit economic development within the City Center Core Zone. Section 2. Public Use. The improvements demanded by public health, safety, convenience and necessity consist of those improvements shown on the Right of Way Plans dated July 20, 2005, by Perteet, Inc. and on file with the City of Federal Way, to whit: the construction of 21 st A venue South to achieve two general purpose vehicle lanes, northbound on- street parking, curb, gutter, sidewalk, street trees, street lights and a utility strip for underground utilities, together with all modified Figure III-3(q), Cross Section Q of the City of Federal Way Comprehensive Plan and as amended by Council authorization on May 4, 2004, and other applicable City standards. Said improvements will be a part orright~of-way owned by the City of Federal Way and open for use by the general public, and therefore the use of property and/or easements condemned herein for the construction of said improvements constitutes a public use. Section 3. Cond~mned Prooertv. The City Council of the City of Federal Way, after reviewing the planned improvements, hereby declares that the property and/or easements located within the City of Federal Way, legally described and depicted in Exhibit "A" attached hereto and incorporated hercin by this reference ("Property"), shall be and hereby are condemned, appropriated, taken and/or damaged for the public use and purpose in installing right-of-way improvements described in Section 2 above. The condemnation, appropriation, taking and/or damaging of the Property includes the right to make all necessary slopes for cuts and fills upon adjacent lands in the reasonable original grading and maintenance of the right-of- way facilities, as well as temporary easements to enable construction of said improvements. Further, the condemnation, appropriation, taking and/or damaging of the Property shall be subject to the making of paying of just compensation to the owners thereof in the manner provided by law. Section 4. Condt:.Ulnation Legal Action. The City Attorney or other attorney selected by the City Manager is hereby authorized and directed to file all necessary actions and proceedings provided by law to condemn, take and appropriate the Property in order to carry out the provisions of this ordinance, and is further authorized in conducting said condemnation proceedings and for the purpose of minimizing damages, to stipulate as to the use of the Property and as to the reservation of any right of use to the Property owner(s), provided that such reservation does not interfere with the use of the Property by the City as provided in this ordinance. The City Attorney is further authorized to adjust the location and/or width of any of the Property and/or easements condemned or taken therein in order to minimize damages, provided that said adjustments do not interfere with the use of the Property by the City as provided in this ordinance. Section 5. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and atlinned. 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 day of 2005. CITY OF FEDERAL WAY MAYOR, DEAN MCCOLGAN ATTEST: JASON SUZAKA, INTERIM CITY CLERK 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\21'1 Ave Cond 21 st Avenue S Grid Road Extension (South 318th Street to South 320th Street) Right of Way Aquisition EXHIBIT A Page 1 of 2 .-:;:.......-.....-. RIGHT OF WAY ACQUISITION LEGAL DESCRIPTION PORTION OF LOT 3 THA T PORTION OF LOT 3 SHORT PLAT NUMBER 1077139 RECORDED UNDER AUDITOR'S FILE NUMBER 7806301002, RECORDS OF KING COUNTY WASHINGTON, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTIlEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE WM; THENCE NORTH 89010'50" WEST, ALONG THE SOUTH LINE OF SAID SUBDIVlON, 817.10 FEET TO AN INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID SHORT PLAT; THENCE NORTH 01033'59" EAST, ALONG SAID SOlTTHERL Y EXTENSION, 50.00 FEET TO THE NORTII RIGHT-OF-WAY MARGIN OF SOUTH 320TH STREET AS RECORDED UNDER AUDITOR'S FILE NUMBER 2727418 AND 4998538; THENCE NORTH 880IO'50"WEST ALONG SAID NORTH RIGHT-OF-WAY MARGIN 49.16 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88010' SO" WEST ALONG SAID NORTH RlGHT -OF- WAY LINE 43.06 FEET; THENCE LEAVING SAID NORTH RIGHT -OF- WAY MARGIN NORTH 01025 '39" EAST 5.92 FEET; THENCE SOUTH 89015'28" EAST 30.69 FEET; THENCE NORTH 77024'27" EAST 19.39 FEET; THENCE NORTH 36034'25" EAST 28.72 FEET; THENCE NORTH 02002'02" EAST 95.01 FEET; THENCE NORTH 28017'36" WEST 21.23 FEET; THENCE NORTH 1100l '00" WEST 12.00 FEET; THENCE NORTH 05041 '54" EAST 14.31 FEET TO THE NORTH LINE OF SAID LOT 3, SAID POINT BEING THE BEGINNING OF CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 35.00 FEET TO WHICH POINT A RADIAL LINE BEARS NORTH 05041'54" EAST; THENCE EASTERLY AND SOUTHERL Y 52.45 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85052'05"; THENCE SOUTH 01033 '59" WEST 96.19 FEET TO THE BEGINNING OF A CURVE CONCA VB TO THE NORTHWEST HAVING A RADIUS OF 35.00 FEET; THENCE SOUTHERLY AND WESTERLY 55.13 FEET ALONG SAID CUR VB THROUGH A CENTRAL ANGLE OF 90015'11" TO THE POINT OF BEGINNING; THE PARCEL DESCRIBED ABOVE CONTAINS 2,65] SQUARE FEET (0.06 ACRES) MORE OR LESS. SUBJECT TO RIGHTS, TITLE, EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD OR WHICH ATTACH THERETO BY OPERATION OF LAW. SIT1J ATE IN THE COUNTY OF KING, STATE OF WASHINGTON. C. 9. TWP. 21 N. RGE. 4 E. W.M TRACT X CD N 88'10'50" W 43.06' 6. 85'52'05" o N 01"25'39" E 5.92' , o S 8915'28" E 30.69' R=35 o N 77'24'27" E 19.39' L= 52.45' o N 36 '34'25" E 28.72' o N 02'02'02" E 95.01 CD N 28'17'36" W 21.23' ' o N 71'01'00. W 12.00' 11.5 o N 05'41'54" E 14.31 @ S 01'33'59" W 96.19' EVERGREEN PLAZA LOT 3 BINDING SITE PLAN KING CO. SHORT PLAT(/) NO. 1077139 ALU ~ m<x:: II) ;...., +oJ 12.2' ~ ~ o N Z 6. 90'15'11" '0 320th 5T SO. ~=~~:13' g THIS IS NOT A BOUNDARY SURVEY MAP N 89'1 Q'SO"W SOUTH LINE SECTION 9 817.10' I~I Perteet Inc. 3825 PerldD8 \ale . SuIte 300 . LakewoocL WA 98489 . (~) 984-7138 CITY OF FEDERAL WAY KEY BANK PARCEL (PARCEL NO. 092704-9277) DATE: AUGUST 2005 SHEET 1 OF 1 ~ SUBTERRANEAN WALL ANCHOR EASEMENT ACQUISITION LEGAL DESCRIPTION PORTION OF LOT 4 THA T PORTION OF LOT 4 OF SHORT PLAT NUMBER 1077139 RECORDED UNDER AUDITOR'S FILE NUMBER 780630 I 002, RECORDS OF KING COUNTY WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TIlE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE WM; THENCE NORTH 89010'50" WEST, ALONG THE SOUTH LINE OF SAID SUBDIVION, 817.10 FEET TO AN INTERSECTION WITH TIlE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID SHORT PLAT; THENCE NORTH 01033'59" EAST, ALONG SAID SOUTHERLY EXTENSION, 825.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 4; THENCE NORTH 88010'50" WEST ALONG THE NORTH LINE OF SAID LOT 4 A DISTANCE OF 47.07 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88010'50" WEST 5.00 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 01043'49" WEST 2.51 FEET TO THE BEGINNING OF A CURVE CONCA VB TO THE EAST HAVING A RADrus OF 208.00 FEET; THENCE SOUTHERLY 72.29 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19054'25" TO THE BEGINNING OF A REVERSE CURVE CONCA VB TO THE WESTHA VING A RADIUS OF 162.00 FEET; THENCE SOUTHERLY 55.69 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19041'50"; THENCE SOUTH 01030'56" WEST 115.91 FEET; THENCE SOUTH 48015'06" WEST 6.30 FEET; THENCE SOUTH 41044'S4" EAST 5.00 FEET; THENCE NORTH 48015'06" EAST 8.47 FEET; THENCE NORTH 01030'56" EAST I j g.07 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 167.00 FEET; THENCE NORTHERLY 57.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19041'50" TO THE BEGINNING OF A REVERSE CURVE CONCA VB TO THE NORTHEAST HAVING A RADIUS OF 203.00 FEET; THENCE NORTHERLY 70.53 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19054'25"; THENCE NORTH 01043'49" EAST 2.50 FEET TO THE POINT OF BEGINNING. THE PARCEL DESCRIBED ABOVE CONTAINS 1,275 SQUARE FEET (O.03ACRES) MORE OR LESS. SUBJECT TO RlGHTS, TITLE, EASEMENTS, RESTRICTIONS AND RESERV A nONS OF RECORD OR WHICH ATTACH THERETO BY OPERATION OF LAW. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. . 7 z.oo~ , ...--.....-.. ..-.........- , A PORTION OF SEC. 9, TWP. 21 N, RGE. 4 E, W.M. 1 NORTH LINE LOT 4 b. 19'54'25" R=208.00' L= 72.29' b. 19'54'25" R=203.00' L= 70.53' A 19'41'50" A 19'41'50" R=162.00' R=167.00' L=55.69' L=57.41' LOT 6 LOT 4 EVERGREEN PLAZA KING CO. SHORT PLAT BINDING SITE PLAN NO. 1077139 '<t ~u) 0) N 88'10'50" W, 5.00' 0 -.JW @ S W43'49" W, 2.51' W > o S 01"30'56" W, 115.91' Z <( o S 48'15'06" W, 6.30' .:J ill S 41'44'54" E, 5.00' +-' f- (I) @ N 4815'06" E, 8.47' CD 7 (f) ~ o N 01'30'56" E. 118.07 <( C'\I W @ N W43'49" E, 2.50' 5.0' 40 20 0 40 I I F I SCALE IN FEET CITY OF FEDERAL WAY THIS IS NOT A BOUNDARY SURVEY MAP I~I Perteet Inc. 3&2G PerkIDs We . lluIl.a 300 . Laknoo4. "fA 98499 . (253) 084-7138 PARCEL EXHIBIT MAP CRATSENBERG PARCEL (PARCEL NO. 092104~9297) SUBTERRANEAN WALL ANCHOR EASEMENT DATE: SEPTEMBER 2005 SHEET 1 OF 1 , RIGHT OF WAY ACQUlSTION LEGAL DESCRIPTION PORTION OF LOT 4 THAT PORTION OF LOT 4 OF SHORT PLAT NUMBER 1077139 RECORDED UNDER AUDITOR'S FILE NUMBER 7806301002, RECORDS OF KING COUNTY WASHINGTON, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE WM; THENCE NORTH 89010'50" WEST, ALONG THE SOUTH LINE OF SAJD SUBDlVION, 817.10 FEET TO AN INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID SHORT PLAT; THENCE NORTH 01033'59" EAST, ALONG SAID SOUTHERLY EXTENSION, 243.04 FEET TO THE SOUTHEAST CORNER OF SAID LOT 4 TO 1HE POINT OF BEGINNING; THENCE CONTINUING NORTH 01033'59" EAST S81.96 FEET TO THE NORTHEAST CORNER OF SAID LOT 4; THENCE NORTH 88010'50" WEST ALONG 1HE NORTH LINE OF SAID LOT 4 A DISTANCE OF 47.07 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 01043'49" WEST 2.50 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 203.00 FEET; THENCE SOUTHERLY 70.53 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19054'25" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 167.00 FEET; THENCE SOUTHERLY 57.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF W41'50"; THENCE SOUTH 01030'56" WEST 118.07 FEET; THENCE SOUTH 48015'06" WEST 11.67 FEET; THENCE SOUTH 88029'04" EAST 9.00 FEET; THENCE SOUTH 01030'56" WEST 203.37 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 202.50 FEET; THENCE SOUTHERLY 48.31 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13040' 14" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 167.50 FEET; THENCE SOUTHERLY 39.96 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF J3040'14" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO TIlE NORTHWEST HAVING A RADIUS OF 31.03 FEET; THENCE SOUTHERLY AND WESTERLY 51.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 94010'S8"; THENCE SOUTH 05041' 54" WEST 2.96 FEET TO THE sourn LINE OF SAID LOT 4; THENCE SOUTH 84018'06" EAST ALONG SAID SOUTH LINE 47.57 FEET TO TIlE POINT OF BEGINNING. THE PARCEL DESCRIBED ABOVE CONTAINS 15,491 SQUARE FEET (0.36 ACRES) MORE OR LESS. SUBJECT TO RJGHTS, TITLE, EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD OR WHICH ATTACH THERETO BY OPERATION OF LAW. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. A PORTION OF SEC. 9, TWP, 21 N, RCE. 4 E, W.M. 2 NORTH LINE LOT 4 3 A 19'54'25" R..203.00' L= 70.53' A 19'41'50" R=167.00' L" 57.41' 25.JO EVERGREEN PLAZA 4 BINDING SITE PLAN '>t f- a ..J 5 W o N 01'33'59" E. 581.96' LOT 4 @ N 88'10'50" W. 47.07' 6 Z @ S 01'43'49" W, 2.50' KING CO, SHORT PLAT ..J o S 01'30'56" W, 118.01' NO. 1077139 f- @ S 48'15'06" W. 1'-67' if) @ 5 88'29'04" E, 9.00' <( (!) 5 01'30'56" W. 203.37' W @ 5 05'41'54" W, 2.96' Q) S 84'16'06" E, 47.57' if) W > <( A 13'40'14" +-' R=202.50' (/l L= 48.31' . ..- N A 94'10'58" R-31.03' 6. '3'40"4" L-51.0" R=167.50' L" 39.96' TR AC T X POB THIS IS NOT A ( BOUNDARY SURVEY MAP -........ I~I Perteet Inc. 3825 Per1dnt Lane . Sulle 300 . Lalcewood, IA 98409 . (253) 884-7138 CITY OF FEDERAL WAY CRATSENBERG PARCEL (PARCEL NO. 092104-9297) RI HT - OF - WA Y AC UISIT/ON DATE; AUGUST 2005 SHEET 7 OF 1 i ~ ~ i ~ ~s ~ @ ~ ~ ~ ~ 6 I=Z ~" ~ >- C1~"'<C ~ -<2j ....J t:; ~ 3:<< a.. ~'- ~ ~~~ ~~,. ~ ~5~ EL,; ~ ::J {/J lL. ~~ "- ~ ~ 0 eO", ti ~ l;;~~ >: ~" (3 ;:; Iii Q !I~ z~ ~~ ~ ,. 0 . .'.....'."-'... """~.'."'. ..'.'~... C) ~ ~ ~ : .: i;! " l~ i a. i ~ I ,". ::vi C' ~" :w :~ "l- .(1) N 0.80 :- nu r.; ." . Q I ~. Om " Ei I ~:'~2 "" i TRACT A CENTER PLAZA i EVERGREEN PLAZA Z m . " , <;; (CRATSENBERG) i VOL. lOa, PG 74 & 75 i ~ ~ ~ ~ ll. , ~ ~ "or l:- e:; LOT 4' .g ~ ~ . ~ kS K.C,S.P.# '077139 ~ ~ _ ~ _ '" ;Z ~ @~~~~ tn o~~~~ TRACT C E ~ ::; ~ . EVERGREEN PLAZA ~ ~ ~ ~ ~ VOL. 100, PG. 74 & 75 IL ~ ~ ~ ~ o ~ - SJ "" oj- ._.... ~ u ... v TRACT B " E;YEFiGBEENPLAZ/'. " VOL. 100, PG. 74 & 75 ~ LOT 2 K.C.S.Pj l.OT 4 1077139 Iii EVERGREEN PLAZA VOL. lOa, PG. 74 & 75 KEYBANK , '., .....lS~3201H STRm ..~ M 11.11 I - - - - J. - - ........,.,. ~ _ _ _ _ J _ _ n'i !!Ii Sf)1.m/ LINE: SECTION 9 - - - n ~ r; h I z ~ did~lpa ~ " luUhilil ~ 11!/:: I I, :,' ... (,:) 1.0 , I! :: I 8 ~ '+ III :: ~O> [;3 ~ f m0 . UI""",_~ li.ip'lIIPu\Il~I~~IO_Nl~ _ wcIl~I.IDII!.III-" . MEETING DATE: October 4, 2005 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: AMENDMENTS TO FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE I, DEFINITIONS, A~~",~~r!g~,~!!~~!~!.:I!!gI~Q!!~,~!!Q~~1~,~!G!!~Q~QQ~..~!!'~!,~~~~(~;N)~Q~!~G....~,!!~g!~m , CATEGORY: BUDGET IMP ACT: 0 CONSENT l2J ORDINANCE Amount Budgeted: $ D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $ D CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $ ......."""""'.".,.....,.,.-....-...... """""""""".,._.._ .................._ ................,,,.,,.,.. mm._...__.._..._...... .. "..",,,...,,,,,,,", ....................._........_.__ ..............................................,........" ... .......................----.......- ............................................."....""""""".". . .........................-...... . .....,......, ATTACHMENTS: 1) Adoption Ordinance with Exhibit A. 2) September 8, 2005, Memorandum to the Land Use/Transportation Committee (LUTe) with Exhibits A-E (please note that due to their bulk, Exhibits A-D are not included, but are available in the Council Conference Room). "'"""'..""".,, .............-..-...... ..""""".."..".... . ........,.,.""',,,.'" ............-.-.- .............y""'....."."-"...-....--..........-...... .........-..-......-.........-..-.....-...-......-. ........ ............................"..."',,"'.,. .................................-...- .............................-....,.........."."....."'." . ..............-..-...----..-...... SUMMARYIBACKGROUND: Planning Division Staff conducted a review of the Neighborhood Business (BN) Use Zone Charts in order to determine whether additional land uses should be permitted. This review resulted in recommended amendments to FWCC Chapter 22 (Zoning) to allow self-service storage facilities, funeral homes, businesses selling signs, and residential uses on the ground floor; add definitions for big box retail and self-service storage facilities; clarify BN use zone charts related to bay doors associated with service stations; and correct the approval process for locating storage containers at schools in the BN zone. The Planning Commission conducted a public hearing on August 17,2005, and recommended to the council approval of the proposed code amendments. ...., .....................................,....."..""","', . ..............-....-.....--...... . ...................--.-.................""" .. ...........""",.,.,,"'. .......... ............-...---..-.....-...- ...................-...-.-..................... """"""",....,."" . ... ...........--............-........--...- ..................'-_.................."""',."''''''.,,.,...,~...... CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC discussed the proposed text amendments during a public meeting on September 19, 2005. At that meeting, the LUTC recommended approval of those code amendments to allow funeral homes, businesses selling signs, and residential uses on the ground floor; add definitions for big box retail and self-service storage facilities; clarify BN use zone charts related to bay doors associated with service stations; and correct the approval process for locating storage containers at schools in the BN zone. The LUTC recommended not forwarding the recommendation to allow self-service storage facilities in the BN zone in order to allow for further review by the LUTC. .__.......................................,"""""",.".."......................~._...... . . . ........-..............-.- ................""".....'" "'.".,.....-.......-...---..-....... ... "",.",..."". ..... ............-...........-..--.......-........-....-...--.... . .... ..............,.......""""""""..""'...........-..-.........-......-.....- ............-....--........--..............""".."'..""'"'...,.''' ............-.--.....-.--... PROPOSED MOTION: "I move the LUTC's recommendation to approve the amendments to FWCC Chapter 22, Article Xl, District Regulations, which are attached as Exhibit A to the proposed ordinance, to second reading and enactment on October 18,2005." . .. .............-......-- .............."..".."...,.., ........-............-....- .............."'.."""'.""'..,.,.,...-,.- .......................,.""',, ............-...-.-...-...... .. ,,,.,,,,"'..,,.... . . ................,.-..., .........-...............................-...... . ..... ........."""""."",. ''''''''''''''''-'' .......................--..-.- ...........................".."".."'"", .. CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICh] COUNCIL ACTION: D APPROVED COUNCIL BILL # D DENIED 1 ST READING D T ABLEDillEFERRED/NO ACTION ENACTMENT READING D MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # 1:\2005 Code Amendments\Changes to BN Zone\City Counci/\100405 AGENDA BILL.DOC/09/26/2005 4;24 PM DRAFT CITY OF FEDERAL WAY '7jz&/oS (f) ORDINANCE NO. 05- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY CITY CODE (FWCC) RELATING TO DEFINITIONS FOR "BIG BOX RETAIL" AND "SELF -SERVICE STORAGE FACILITIES"; ALLOWING ADDITIONAL USES IN THE NEIGHBORHOOD BUSINESS (BN) ZONE;. AND CLARIFYING REGULATIONS FOR THE BN ZONE (AMENDING ORDINANCE NO'S 90-43, 90- 51,91-87,91-92,91-100,91-105,91-113,93-170, 94-223, 95-245, 96-269,96-270,97-291, 97-295, 97-296, 97-300, 97-307, 99-337, 99-348, 99-353, 99-357, 00-363, 00-375, 01-385, 01-390,01-399,02-424,03-443,03-446,03-450, 04-457, 04-468) WHEREAS, the City of Federal Way finds that the code amendments to FWCC Chapter 22 (Zoning) relating to definitions of big box retail and self-service storage facilities; allowing funeral homes and businesses selling signs in the Neighborhood Business (BN) Zone; allowing residential units on the ground floor within the BN Zone; clarifying requirements for bay doors in the BN Zone; and correcting the approval process for locating storage containers at schools in the BN Zone are consistent with the Federal Way Comprehensive Plan; and WHEREAS, the City of Federal Way's SEPA Responsible Official issued a Determination of Nonsignificance on the code amendments to FWCC Chapter 22 (Zoning) relating to definitions of big box retail and self-service storage facilities; allowing self-service storage facilities, funeral homes, and businesses selling signs in the Neighborhood Business (BN) Zone; and allowing residential units on the ground floor within the BN Zone on July 9,2005; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code amendments to FWCC Chapter 22 (Zoning) relating to definitions of big box retail and self-service storage facilities; allowing self-service storage facilities, funeral homes, and businesses selling signs in the Neighborhood Business (BN) Zone; allowing residential units on the ground floor within the BN Zone; clarifying requirements for bay doors in the BN Zone; correcting the approval process for locating Ord. No. 05- , Page 1 storage containers at schools in the BN Zone; and clarifying references to self-service storage facilities in the Community Business (Be) and Business Park (BP) Zones on August 17, 2005, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land UsefTransportation Committee of the Federal Way City Council considered the code amendments to FWCC Chapter 22 (Zoning) relating to definitions of big box retail and self- service storage facilities; allowing self-service storage facilities, funeral homes, and businesses selling signs in the Neighborhood Business (BN) Zone; allowing residential units on the ground floor within the BN Zone; clarifying requirements for bay doors in the BN Zone; correcting the approval process for locating storage containers at schools in the BN Zone; and clarifying references to self-service storage facilities in the Community Business (Be) and Business Park (BP) Zones on September 19, 2005, following which it recommended adoption of the text amendments relating to definitions of big box retail and self~service storage facilities; allowing funeral homes and businesses selling signs in the Neighborhood Business (BN) Zone; allowing residential units on the ground floor within the BN Zone; clarifying requirements for bay doors in the BN Zone; and correcting the approval process for locating storage containers at schools in the BN Zone; and WHEREAS, the Federal Way City Council considered the code amendments to FWCC Chapter 22 (Zoning) on October 4,2005; and WHEREAS, the Federal Way City Council finds that the code amendments relating to definitions of big box retail and self-service storage facilities; allowing funeral homes and businesses selling signs in the Neighborhood Business (BN) Zone; allowing residential units on the ground floor within the BN Zone; clarifying requirements for bay doors in the BN Zone; and correcting the approval process for locating storage containers at schools in the BN Zone are consistent with the intent and purposes of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Ord. No. 05- , Page 2 Section I. Findings. After full and careful consideration, the City Council. of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22~216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria for adoption of the proposal: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the following comprehensive plan goals and policies: LUP28 Provide for a mix of commercial and residential uses in commercial areas. LUG7 Provide neighborhood and community scale retail centers for the City's neighborhoods. LUP42 Encourage neighborhood retail and personal services to locate at appropriate locations where local economic demand and design solutions demonstrate compatibility with the neighborhood. LUP44 Neighborhood Business centers should consist of neighborhood scale retail and personal services. LUP45 Encourage mixed residential and commercial developments in Neighborhood Business designations where compatibility with nearby uses can be demonstrated. 2. The proposed amendments relating to definitions of big box retail and self-service storage facilities; allowing funeral homes and businesses selling signs in the Neighborhood Business (BN) Zone; allowing residential units on the ground floor within the BN Zone; clarifying requirements for bay doors in the BN Zone; and correcting the approval process for locating storage containers at schools in the BN Zone bear a substantial relationship to public health, safety, or welfare because they increase the potential services that could be developed within neighborhood business centers, while incorporating provisions that ensure new development is compatible with surrounding neighborhood development. The proposed FWCC text amendments also increase flexibility in allowing residential development within neighborhood centers, providing for additional housing opportunities close to services. And 3. The proposed amendments are in the best interest of the residents of the City because they facilitate development within neighborhood business areas that would provide additional service businesses and living opportunities for the citizens of Federal Way. They also provide a definition for "big box retail" to help identify this type of development and maintain the objective of not permitting its development within neighborhood business centers. Ord. No. 05- , Page 3 Section 3. Amendment. FWCC Chapter 22 is amended as set forth in the attached Exhibit A. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of Federal Way at a regular meeting of the City Council on the day of ,2005. APPROVED: Mayor, Dean McColgan ATTEST: Interim City Clerk, Jason Suzaka APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: 1:\2005 Code Amendments\Neighborhood Business Text Amendments\City Council\Ordinance.doc Ord. No. 05- , Page 4 EXHIBIT A EXHIBIT 1 OF A Proposed new definitions to be added to FWCC Section 22-1: Biz box retail means large-scale retail that occupies more than 50,000 square feet and derives their profit from high sales volumes. 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M M '" '" ;::7 6 E ::: 0 e: is ~NNNM I.rI -< =:= Cl It .....,1111".,. ., ~ 0 ~_:;;::O~;;:; ~'" "8 ~ t.;; SNOI.LV'lllD:!IlIft , ::: '7 '7 '7 l' 0 c.; W ~ II ~ ~ "B .if ~ ;:::l ;:::l ~ ;:::l z z on r-- Eo-< ~ .'" .&; ~ ::= $" " ;g: -d . g N Vl '"3'S g .l9 1:'s go "E ~ N ~=:>:!:;::l"=~"'::> ,!:: __0 _ ~ CITYOF" _~ Federal Way PLANNING COMMISSION RECOMMENDATION September 8, 2005 To: Jack Dovey, Chair Land Userrransportation Committee (LUTe) VIA: David Moseley, City Manag~ Y FROM: Kathy McClung, Director of Community Development Services ~ Margaret H. Clark, AICP, Senior Planner ~ Janet Shull, AICP, Contract Planner SUBJECT: Amendments to Federal Way City Code (FWCC) Chapter 22, Article XI, "District Regulations, Neighborhood Business Zone," File #05-103585-00-UP MEETING DATE: September 19,2005 I. BACKGROUND Since the City's incorporation, the Neighborhood Business (BN) zone has been the focus of numerous requests for amendments. As a result, the City Council and Community Development Services Planning Division staff identified this zone as one that would benefit from a comprehensive review. The BN Zone study objectives were as follows: . Evaluate the BN zoned property in relation to the comprehensive plan vision for the character/function of this zone. . Review current allowable uses and consider if additional uses should be permitted within the BN zone. On May 18, 2005, Planning Division staff presented an overview of the existing conditions within the City of Federal Way's 14 BN zoned areas to the Planning Commission. Study findings were presented along with recommerided amendments to the Federal Way City Code (FWCC) to allow for additional uses in the BN zone, as well as amendments to existing FWCC sections related to development within the BN zone (Exhibit A - Staff Report for the May 18, 2005, Planning Commission Meeting and Exhibit B - Minutes of May 18, 2005, Planning Commission Meeting). Following the Planning Commission Workshop, staff prepared draft amendments to the FWCC for further consideration by the Planning Commission at an August 17, 2005, public hearing. The Staff Report for the August 17,2005, Planning Commission Meeting with Exhibits 1-11 is enclosed as Exhibit C and minutes for that meeting as Exhibit D. II. SUMMARY OF PROPOSED AMENDMENTS/PLANNING STAFF RECOMMENDATION The following is a summary of the proposed FWCC amendments (Exhibits 2-11 of Exhibit C) as presented to the Planning Commission. 1. Amend Section 22-1 of the FWCC ("Definitions") to add definitions for "big box retail" and "self-service storage facilities" (Exhibit 2 of C). 2. Add a new use zone chart for self-service storage facilities in the BN zone (Exhibit 3 of C). 3. Add a new use zone chart for funeral homes in the BN zone (Exhibit 4 of C). 4. Amend FWCC Section 22-721 ("Retail/Office") to add businesses selling signs in the BN zone (Exhibit 5 of C). This amendment requires only the addition of the word "signs" to the existing use zone chart. No further amendments are necessary. 5. Amend FWCC Section 22-723 ("Vehicle Service Stations") to clarify requirements regarding bay doors (Exhibit 6 of C). This is a clarification recommended by Planning Division staff. 6. Amend FWCC Section 22-724 ("Schools/Day Care Facilities") to correct the approval process for locating storage containers on a school site (Exhibit 7 of C). This is a housekeeping correction recommended by Planning Division staff. 7. Amend FWCC Section 22-725 ("Multiple Unit Housing") to allow residential units on the ground floor when certain conditions are met (Exhibit 8 of C). The proposed code amendment would allow residentiai units on the ground floor when a certain portion of the ground floor contains commercial space and said commercial space meets minimum tenant space requirements. 8. Amend FWCC Section 22~752 ("Bulk Retail- Warehouse and Storage") to change reference from "public mini warehouse or storage facilities" to "self-service storage facilities" (Exhibit 9 of C). This amendment would make the Community Business (Be) use zone chart consistent with proposed language in the BN zone, as well as the proposed definition of self-service storage facilities. 9. Amend FWCC Section 22-864 ("Warehouses, Wholesale Distribution - Storage Yards - Rental Facilities") to change reference from "mini warehouse and public storage facilities" to "self-service storage facilities" (Exhibit 10 of C). This amendment would make Business Park (BP) use zone charts consistent with proposed language in the BN zone, as well as the proposed definition of self-service storage facilities. 10. Amend FWCC Section 22-1638 ("Community Design Guidelines") to add the requirement that self-service storage facilities have the appearance of pitched roofs (Exhibit 11 of C). This amendment would help ensure that self-service storage facilities in the BN zone would be compatible with surrounding neighborhood development. Neighborhood Business (BN) Code Amendments File #05-103585-00~UP Planning Conunission Reconunendation to LtITC Page 2 III. PLANNING COMMISSION RECOMMENDATION The Planning Commission conducted a public hearing on August 17, 2005. After the close of the public hearing, the Planning Commission discussed the staff recommendations and recommended approval of the staff recommendation to the City Council with one amendment to allow the parking of one rental vehicle on site for the use by tenants of self-service storage facilities. They requested that the moving truck should not be so large as to require a commercial driver's license. In response to the Planning Commission's request, staff recommends that on-site parking for one rental truck no more than 12,000 Ibs gross vehicle rate be allowed. CAPACITY . Volume: 849 cu. ft. . Max load: 2,860 Ibs. . Gross vehicle weight: 11,000 Ibs. max . Empty weight 8,140 Ibs. U'" --.-- -- . The Planning Commission also asked for a clarification on the size limits that were proposed for self- service storage facilities. Staff had recommended that the minimum lot size be one acre and the maximum lot size three acres. The purpose of the proposed regulation is to limit the overall size of a self-service storage facility development to ensure compatibility of this type of development with surrounding uses. Staff has made a change to the proposed use zone chart to better reflect the intent of the proposed regulation. Response to Planning Commission's Recommendation: 1. The proposed Self-Service Storage Facility Use Zone Chart has been amended to add the following note: On-site oarkine: for one (1) rental truck of no more than 12.000 Ibs grOSS vehicle weilZht (OVW1 shall be oermitted. This rental truck is for the use of tenants of the self-service storae:e facility for the movine: of personal items to and from the storage units. 2. The proposed Self-Service Storage Facility Use Zone Chart has also been amended to specify that the portion of the subject property (defmed by the FWCC as "... the entire lot or parcel or series of lots or parcels. ..") that is be developed with a self-service storage facility shall be no greater Neighborhood Business (BN) Code Amendments File #05-103585-OO-UP Planning Conunission Reconunendation to LUTe Page 3 than three acres. This change to the proposed code amendment will clarify the intent of the proposed regulation-to limit overall development size of a self-service storage facility to three acres. For example, a subject property greater than three acres could be developed with a self- service storage facility as long as no more than three acres was developed with said use. The remainder of the site could be developed with another use(s) permitted in the BN zone. The Planning Commission Recommendation is shown in Exhibits 1 through 10 of Exhibit E (Draft Adoption Ordinance). IV. LAND USEITRANSPORTATION COMMITTEE OPTIONS/STAFF RECOMMENDATION The Committee has the following options: 1. Recommend that the full Council adopt an ordinance approving the proposed code amendments as recommended by the Planning Commission. 2. Recommend that the full Council modify and then approve the proposed code amendments. 3. Recominend that the full Council disapprove the proposed code amendments. Staff recommends that the LUTC recommend to the full Council Option No.1 above, that is, adoption of the Planning Commission Recommendation. V. LAND USEITRANSPORTATION COMMITTEE RECOMMENDATION TheLUTC forwards the proposed amendment to the full Council for first reading as follows: As recommended by Planning Commission , ./"'"' As recommended by Planning Commission and amended by the LUTC . LIST OF EXHIBITS Exhibit A Staff Report for the May 18, 2005, Planning Conunission Meeting Exhibit B Minutes of the May 18, 2005, Planning Conunission Meeting Exhibit C. Staff Report for the August 17,2005, Planning Conunission Meeting with Exhibits 1-11 Exhibit D Minutes .of August 17, 2005, Planning Commission Meeting Exhibit E Draft Adoption Ordinance with Exhibits 1-10 Neighborhood Business (BN) Code Amendments File #05-103585-00-UP Planning Conunission Reconnnendation to UITC Page 4 Please note that due to their bulk, Exhibits A-D are not included, but are available in the Council Conference Room. EXHIBIT~ CITY OF FEDERAL WAY PAGE-LOF ~.,"-= ORDINANCE NO. 05- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASIDNGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY CITY CODE (FWCC) RELATING TO DEF1NITIONS FOR "BIG BOX RETAIL" AND "SELF-SERVICE STORAGE FACILITIES"; ALLOWING ADDITIONAL USES IN THE NEIGHBORHOOD BUSINESS (BN) ZONE; AND CLARIFICATIONS TO REGULATIONS FOR THE BN, COMMUNITY BUSINESS (BC), AND BUSINESS PARK (BP) ZONES (AMENDING ORDINANCE NO'S 90-43, 93-170, 96-270, 96-27197-291, 99-333, 00-375, 00-382, 01-385,01-290,01-399,02-424,03-433,03-466,03-450) WHEREAS, ~e City of Federal Way finds that the code amendments to FWCC Chapter 22 (Zoning) relating to definitions of big box retail and self-service storage facilities; allowing self..service storage facilities, funeral homes, and businesses selling signs in the Neighborhood Business (BN) Zone; allowing residential units on the ground floor within the BN Zone; clarifying requirements for bay doors in the BN Zone; correcting the approval process for locating storage containers on school property in the BN Zone; and clarifying references to self-service storage facilities in the Community Business (Be) and Business Park (BP) Zones are consistent with the Federal Way Comprehensive Plan; and wHEREAS, the City 'of Federal Way' SEPA Responsible Official issued a Determination of Nonsignificance un the code amendments to FWCC Chapter 22 (Zoning) relating to definitions of big box retail and self-service storage facilities; allowing self-service storage facilities, funeral homes, and businesses selling signs in the Neighborhood Business (BN)Zone; and allowing residential units on the ground floor within the BN Zone on July 9, 2005; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code amendments to FWCC Chapter 22 (Zoning) relating to definitions of big box retail and self-service storage facilities; allowing self-service storage facilities, funeral homes, and businesses selling signs in the Neighborhood Business (BN) Zone; allowing residential units on the ground floor within the BN Zone; clarifying requirements for bay doors in the BN Zone; correcting the approval process for locating Ord. No. 05- , Page I EXHIBIT ~ PAGE .2 OF J.f- storage containers on school property in the BN Zone; and clarifying references to self-service storage facilities in the Community Business (Be) and Business Park (BP) Zones on August 17, 2005, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Uselfransportation Committee of the Federal Way City Council considered the code amendments to FWCC Chapter 22 (Zoning) relating to definitions of big box retail and self~ service storage facilities; allowing self-service storage facilities, funeral homes, and businesses selling signs in the Neighborhood Business (BN) Zone; allowing residential units on the ground floor within the BN Zone; clarifying requirements for bay doors in the BN Zone; correcting the approval process for locating storage. containers on school property in the BN Zone; and clarifYing references to self-service storage facilities in the Community Business (Be) and Business Park (BP) Zones on September 19,2005, following which it recommended adoption of the text amendments; and WHEREAS, the Federal Way City Council considered the code amendments to FWCC Chapter 22 (Zoning) .relating to definitions of big box retail and self-service storage facilities; allowing self-service storage facilities, funeral homes, and businesses selling signs in the Neighborhood Business (BN) Zone; allowing residential units on the ground floor within the BN Zone; clarifying requirements for bay.doors in the BN Zone; correcting the approval process for locating storage containers on school property in the BN Zone; and clarifying references to self-service storage facilities in the Community Business (Be) and Business Park (BP) Zones on October ~ 2005; and WHEREAS, the Federal Way City Council finds that the code amendments relating to definitions of big box retail and self-service storage facilities; allowing self-service storage facilities, funeral homes, and businesses selling signs in the Neighborhood Business (BN) Zone; allowing residential units on the ground floor within the BN Zone; clarifying requirements for bay doors in the BN Zone; correcting the approval process for locating storage containers on school property in the BN Zone; and clarifying references to self-service storage facilities. in the CommWlity Business (Be) and Business Park (BP) Zones are consistent with the intent and purposes of FWCC Chapter 22 (Zoning), to provide for and promote the health, safety, and welfare of the general public. Ord. No. 05- , Page 2 EXHIBIT --' PAGE-!-OF ~ Now, mEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22~216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the follOwing Conclusions of Law with respect to the decisional criteria for adoption of the proposal: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: LUP28 Provide for a mix of commercial and residential uses in commercial areas. LUG7 Provide neighborhood and community scale retail centers for the City's neighborhoods. LUP42 Encourage neighborhood retail and personal services to locate at appropriate locations where local economic demand and design solutions demonstrate compatibility with the neighborhood. . LUP44 Neighborhood Business centers should consist of neighborhood scale retail and personal services. LUP45 Encourage mixed residential and commercial developments in Neighborhood Business designations where compatibility with nearby uses can be demonstrated. 2. The proposed amendments relating to defmitions of big box retail and self-service storage facilities; allowing self-service storage facilities, funeral homes, and businesses selling signs in the Neighborhood Business (BN) Zone; allowing residential units on the ground floor within the BN Zone; clarifying requirements for bay doors in the BN Zone; correcting the approval process for locating storage containers on school property in the BN Zone; and clarifying references to self-service storage facilities in the Community Business (Be) and Business Park (BP) Zones hear a substantial relationship to public health, safety. or welfare because they increase the potential services that could be developed within neighborhood business centers, while incolpOrating provisions that ensure new development is compatible with surrounding neighborhood development. The proposed FWCC text amendments also increase flexibility in allowing residential development within neighborhood centers. providing for additional housing opportunities close to services. And Ord. No. 05- , Page 3 ~ - EXHI-BIT & PAGE---'t-OF -a- 3. The proposed amendments are in the best interest ofthe residents of the City because they facilitate development within neighborhood business areas that would provide additional service businesses and living opportunities for the citizens of Federal Way. They also provide a definition for "big box retail" to help identify this type of development and maintain the objective of not permitting its development within neighborhood business centers. Section 3. Amendment. FWCC Chapter 22 is amended as set forth in the attached Exhibit A. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the. ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of Federal Way at a regular meeting of the City Council on the day of , 2005. ApPROVED: Mayor, Dean McColgan A ITEST: Interim City Clerk, Jason Suzaka APPROVED AS TO FORM: City Attorney, Patricia A. RichardsOn FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: 1:\2005 Code Amendments\Neighborbood Business Text Amendments\LUTC\Ordinance Qrd. No. 05- . Page 4 . ,- EXHIBIT 1 OF E Proposed new definitions to be added to FWCC Section 22-1: Big box retail means large-scale retail that occupies more than 50,000 square feet and derives their profit from high sales volumes. Self-service storage facilities means a structure or grOUP of structures for the storage of personal property where individual stalls or lockers are rented out - to different tenants for storage. 1:\2005 Code Amendments\Neighbothood Business Text AmendmentS\LUTC\definitions.doc ; i 1 1 1 ~ j ill ! ~ t { ~ ~ ~ ( . ; 1 ~I _ ~ 1. I il' ~ . 1 - = t J ..,. ! . '. ~ i ~ ~ .' 1 'E ~. ~. ~ . i .. l i ~ .;, . 4' t j -I S; . ! 00 . J .~ . .1 ~ ..' ~ . J .; ~ i~ Ii . ~ .' ~ o '. ~ ~l . . " '.0 Z d! - ~ u .. . <U ~ Ii ,- Ij !].: i' . . 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""'~ 1Il~'D~r-..."POOO'\............_ ~ t.Lt lI... ~ ~ -a I U r.!.;1, ... oS sooeds lJlI!'lJ1ld ..; "l' "Cl '" .._ _ M ... :!:l p:!.l!n....H d M ~ ~ ~ ~ ~ .. ~ Q,I ~ '" : ffi ;unpnqs ~ .s i:S Jll lqlJPH ~ !::l ~ 6 :'I I ~ 6 = .. ~ ~ c l!I JWH '" ' 5 :g 't:Ij ::e .c .E >0 al <( ... s ~ if i;: ~ r:l Jl (q:m:l) :lJ>!S IS. E- ..... Q~.2 r- en "Cl 'Oc _ II Q,I 1~~ d 5 -; .S lUOl:! r- 'r; '" ~ M ~ ~ E- '" '8 i ~ ~ of ~ .-; :lZ!S 101 .S ~ .8 II z ... ,:. Q'-Q a 0 J! :i ;:t'il o S !il ,,~; .c S$:I;lWd ~H -8 "':'1 $ Q p:llJ~OOH S . 0 ..; ~ ~ J :;.. >"'~-~ '" 6 I' SNOUV'1~:nI II I '0 - :;i ~ ;;: :t ;!; ~ ~ ..- <::8 1:' :a"'...",...- 'l> g . os E co '" 7 , I I ..; IiC . ~Z:" "'--"'- ~ .. "..0 . ._.....".c:_ ...t~~:::~ "8 _0 .' 'Oc: bO<:: -...'f " ~ XI !.~ t~ j i' i1 ~l~t~ ~;f,1~f,1 ~ :;: ~ fi} 14 e'~ '0 G .' 1; :I'~ ~ ,,~ ~ ~ N ;;l ...~.-.lii_ ::i:i'.....g' J: '-'_ '\ -- EXHIBIT 10 OF E 22-1638 District guidelines. In addition to the foregoing development guidelines, the following supplemental guidelines apply to individual zoning districts: (a) Professional office (PO), neighborhood business (BN), and community bminess (BC). (1) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to FWCC 22-1 634(d). (2) Entrance facades shall front on, face, or be clearly recognizable from the right-of- way; and should incorporate windows and other methods of articulation. (3) Ground-level mirrored or reflective glass is not encouraged adjacent to a public right~ of-way or pedestrian area. (4) If utilized, chain~link fences visible from public rights-of-way shall utilize vinyl- coated mesh and powder-coated poles. For residential uses only: (5) Significant trees shall be retained within a 20-foot perimeter strip around site. (6) Landscaped yards shall be provided between building(s) and public street(s). Parking lots should be beside or behind buildings that front upon streets. (7) Parking lots should be broken up into rows containing no more than 10 adjacent stalls, separated by planting areas. (8) Pedestrian walkways (minimum six feet wide) shall be provided between the interior of the project and the public sidewalk. (9) Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields. This shall not apply to public parks and school stadiwns and other comparable large institutional uses. The maximum height for large institutional uses shall be 30 feet and shall include cutoff shields. 201 --..-. --....-.- Yl[tWC 16. Sc:c.. 22 - 1638 (.) (10) Principal entries to buildings shall be highlighted with plaza or garden areas containing planting, lighting, seating, trellises and other features. Such areas shall be located and designed so windows overlook them. ()2004 Code Publishing Co. Page I 1:\2005 Code Amendments\Neighborbood Business Text Amendments\LUTC\22-1638.doc f'ig\E 17. Scc-. 22. & 1638 (ll) (11) Common recreational spaces shall be located and arranged so that windows overlook them. f'lJI*' Ifl - See. 2'2 ~ 1.6.'1& (.) (12) Units on the ground floor (when permitted) shall have private outdoor spaces adjacent to them so those exterior portions of the site are controlled by individual households. HpK 19 - S<lc. 22 - 1638 (I) (13) All new buildings, including accessory buildings, such as carports and garages shall appear to have a roof pitch ranging from at least 4:12 to a maximum of 12:12. FiB..: 10 - Sa:. 21 ~ 1638 (a) (14) Carports and garages in front yards should be discouraged. (15) The longest dimension of any building facade shall not exceed 120 Jeet. Buildings on the same site may be connected by covered pedestrian walkways. (16) Buildings should be designed to have a distinct "base," "middle" and "top." The base (typically the ftrst floor) should contain th~ greatest number of architectural elements such as 02004 Code Publishing Co. Page 2 1:\2005 Code Amendments\Neighborhood Business Text Amendments\LUTC\22-1638.doc windows, materials, details, overhangs, cornice lines, and masonry belt courses. The midsection, by comparison, may be simple. (Note: single-story buildings have no middle.) The top should avoid the appearance of a flat roof and include distinctive roof shapes including but not limited to pitched, vaulted or terraced, etc. Hgllt(: 21 - Sec. 22 - 1638 (.) (17) Residential design features, including but not limited to entry porches, projecting window bays, balconies or decks; individual windows (rather than strip windows), offsets and cascading or stepped roof forms, shall be incorporated into all buildings. Window openings shall have visible trim material or painted detailing that resembles trim. (I8) Subsection (a)(13) of this section shall apply to self-service storage facilities. (b) Office park (OP), corporate park (CP). and business park (BP). (1) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to FWCC 22-1634(d). (2) Buildings with ground floor retail sales or services should orient major entrances, display windows and other pedestrian features to the right-of-way to the extent possible. (3) Ground-level mirrored or reflective glass is not encouraged adjacent to a public right- of-way or pedestrian area. (4) If utilized, chain-link fences visible from public rights-of-way shall utilize vinyl~ coated mesh and powder-coated poles. For non:"single-family residential uses only: (5) Subsections (a)(5) through (a)(17) of this section shall apply. (c) City center core (CC-C) and city center frame (CC-F). (I) The city center core and frame will contain transitional forms of development with _ surface parking areas. However, as new development or redevelopment occurs, the visual dominance of surface parking areas shall be reduced. Therefore, surface parking areas shall be located as follows: a. The parking is located behind the building, with the building located between the right-of-way and the parking areas, or it is located in structured parking; or b. Allor some of the parking is located to the side(s) of the building; or c. Some short-term parking may be located between the building(s) and the right-of- way, but this shall not consist of more than one double-loaded drive aisle, and pedestrian circulation shall be provided pursuant to FWCC 22-1634( d). Large retail complexes may not be able to locate parking according to the above guidelines. Therefore, retail complexes of 60,000 square feet of gross floor area or larger may locate surface parking between the building(s} and the right-of-way. However, this form of development shall provide for small building(s) along the right-of-way to break up and reduce the visual impact of the parking, and pedestrian circulation must be provided pursuant to FWCC 22-1634(d)~ For purposes of this guideline, "retail complex" means the entire lot or parcel, or series of lots or parcels, on which a development, activity or use is located or will locate. 02004 Code Publishing Co. Page 3 1:\2005 Code/unendments\Neigl1borhood Business Text Amendments\LUTCl22~1638.doc (2) Entrance facades shall front on, face, or be clearly recognizable from the right~f- way, and should incorporate windows and other methods of articulation. (3) Building facades that are visible from a right~f-way and subject to modulation per FWCC 22~1635(b) shall incorporate facade treatment as follows: a. The facade incorporates modulation and/or a landscape screening, pursuant to FWCC 22-1635(b); and b. The facade incorporates an arcade, canopy or plaza, and/or one or more articulation element listed in FWCC 22-1635(c)(2); provided, that the resulting building characteristics achieve visual interest and appeal at a pedestrian scale and proximity, contribute to a sense of public space, and reinforce the pedestrian experience. (4) Drive-through facilities and stacking lanes shall not be located along a facade of a building that faces a right~f-way. (5) Above-grade parking structures with a ground level facade visible from a right~f- way shall inco~rate any combination of the following elements at the ground level: a. Retail, commercial, or office uses that occupy at least 50 percent of the building's lineal frontage along the right~f-way; or b. A 15-foot-wide strip of Type III landscaping along the base of the facade; or c. A decorative grille or screen that c.onceals interior parking areas from the right~f- way. (6) Facades of parking structures shall be articulated above the ground level pursuant to FWCC 22-1635(c)(1). (7) When curtain wall glass and steel systems are used to enclose a building, the glazing panels shall be transparent on 50 percent of the ground floor facade fronting a right~f-way or pedestrian area. (8) Chain~link fences shall not be allowed. Barbed or razor wire shall not be used. For non-single-family residential uses only: (9) Subsections (a)(5) through (a)(I7) of this section shall apply. (d) For all residential zones. (1) Nonresidential uses. Subsections (a)(5) through (a)(lO) and (a)(13) through (a)(17) of this section shall apply. (2) Non-single-family residential Uses. Subsections (a)(5) through (a)(17) of this section shall apply. (Ord. No. 96-271, ~ 3, 7-2~96; Oed. No. 99-333, ~ 3, 1-19-99; Ord. No. 00-382, ~ 3, 1-.16-01; Oed. No. 03-443, ~ 3, 5-20-03) 02004 Code Publishing Co. Page 4 1:\2005 Code Amendments\Neighborbood Business Text Amendments\LUT022-1638.doc