The URL can be used to link to this page

LUTC PKT 11-21-2005 City of Federal Way City Council Land Use/Transportation Committee November 21 ", 2005 City Hall 5:30 p.m. Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. APPROV AL OF MINUTES: November 7'h, 2005 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS A. 2006 Street Sweeping Services Contract ~ Bid Award Action Salloum / 5 min B. Joe's Creek Project ~ 85% Design Action Bucich / 10 min C. Interlocal Agreement between the City of Federal Way and South Action Martin / 5 min King Fire & Rescue D. Code Amendments Selection Process Action Clark / 20 min E. Westway Street Lighting Project ~ Final Acceptance Action Miller / 10 min 5. FUTURE MEETINGS/AGENDA ITEMS 6. ADJOURN - Commillce Members City Stafr Jack Dovel', Chair Kathy McClung, Commullity Developmel1l Services DireclOr Fric Fnison Mnrinllne Stiles, Adminislrncive Assistant Michne/ Park 253-835-2701 G:\LUTC\t..UTC Agc:nd;\5 and SUlTIITIar;es 2005\1 J -21-05 LUTe Agenda doc City of Federal Way City Council .Land Use/Transportation Committee Novembcr th, 2005 City Hall 5:30 pm Council Chambers MEETING MINUTES In attcndance: Council Mcmber Jack Dovey, Council Member Michael Park, Council Member Eric Faison, Mayor Dcan McColgan; Assistant City Manager Derek Matheson; Public Works Director Cary Roe; Public Works Deputy Director Ken Miller; Surface Water Manager Paul Bucich; NPDES/ESA Coordinator Don Robinette; Street Systems Manager Marwan Salloum; City Traffic Engineer Rick Perez; Community Development Dircctor Cathy McClung; Community Development Deputy Director Greg Fewins; Associate Planner Isaac Conlen; Deputy City Attorney Karen Kirkpatrick, Financc Manager Tho Kraus; and Administrative Assistant Marianne Stiles. A number of citizens also attended. 1. CALL TO ORDER Councilman Dovey called the meeting to order at 5:30 pm. 2. APPROV AL OF MEETING MINUTES The minutes of October 3rd, 2005, were approved. 3. PUBLIC COMMENT 4. BUSINESS ITEMS Councilman Park moved to change the status of item H (School Impact Fee) from Information to Action. Councilman Faison seconded the motion and it passed unanimously. A. Shoreline Master Program Grant Acceptance Isaac Conlen provided the background information. Cmte PASSED staff recommendation to fwd Option 1 to the November 15th Council Consent Agenda. MOVEDhy Councilman Park. SECONDEI?kJlCouncilman Faison. PASSED Unanimously. B. Undergrounding Utilities on WSDOT Pacific Highway South Project Cary Roe provided the background information. Cmte forwarded Option 1 to the November 15th Council Consent Agenda. Staff will 1) seek an answer from WSDOT regarding the possibility of including undergrounding & street trees, 2) Look into reallocating eity funds to meet these expenses. MQYF.pby .c='1!ullcJI,,!an. I?()\Jey.. .s.~ Cpt-lP fX!.b.Y,:9(Jll-,~,-c:!I,,!{lnFaj~'on..f 1S.S.P? .~fn,anjnu?ll:sly:: Councilman Park said that he supports the City policy but asked what WSDOT's budget for the project is? Mr. Roe responded that their budget is tight, which is why they will not agree to the City's requests. WSDOT delayed so long in denying the City's requests that he is not sure it is possible to get the work done or not. Mayor McColgan asked what the advantages of undergrounding were. Mr. Roe answered that the advantages are aesthctics & reliability. The only segmcnt ofSR99 that is having problems undergrounding is this segment, between 2761h & 2841h, which was recently annexed into Federal Way. Chair Dovey asked if all other segments of 99 have had their utilities undergrounded and the answer is yes. The cities of Kent & Des Moines have undergrounded their portions has well. Councilman Park said his business is on SR99 in Kent and the city there is trying to get businesses to pay for the work; he does not support that; he supports the city doing it. Mayor McColgan asked ifthis work must be done now; Mr. Roe responded that the decision has to be made. TIle poles must be moved and it will be even tougher to do thc work later. Mayor McColgan asked if this project was in the TIP; Roe replied that it was not (it was not part of the city at that time). Mayor McColgan then asked which projects would suffer if the City used unallocated funds to cover the cost. Mr. Roe respondcd that staff will look at trimming other projects and the decision of which projects to eut funds from would be made in conjunction with the decision to go forward with this one. Mr. Roe agreed to bring information on I) whether WSDOT can even still include the undergrounding and street trees in this G"\LUT('\U,JTC Agendas '1nd Sunlinarics ZOO.')\II-07-05 LUTe Mimlle's,doc ~~nd Userrransp~rtation Committee ..,-.,.,..---.-.-,-,.-- Page 2 _..v.______."'..'...__...._". ._~_~ugllst I, 20~~~ project and 2) what projects will be trimmed to pay for it. Chair Dovey suggested moving this item forward to the Council and presenting the additional information at that time, givcn the sluinkmg window of opportunity to do this work. Council agreed to this suggestion C. Amon Access on SR 509 Rick Perez provided the background information. Crute PASSED staff recommendation to fwd Option lA to the Novembcr 15th Council Consent Agenda :&.9~EJ)by(ou~cilman Faison SECONDE.pbyC()'!'!c.il'!lan Pa~k. PASSED UllanimoH.sly. Mayor McColgan asked if the sight distance is poor, given that the proposed channel cut is at 220' and city standard is 2S0'. Mr. Perez said it is not. Committee agreed that ifthere is a cost, in this case the business should pay it. If the business is willing, staff should see if the gap can be created, the cost of permitting and construction, and complete the project. D. Fencing of pond at 21't Ave SW & SW349th PI Paul Bucich provided background information. Cmte PASSED staff recommendation to fwd Option 1 to the November ISth Council Consent Agenda. iitiJygpbyCouncilman Park. - '-',. .....----... ..- . ........ .,....----..... --i>)}~~D iJ~~;;i~ou~i; SECOl'!PIjP by C,'?I!Ticil'!l(J'!.EafsPTl.... Chair Dovey suggested LUTC look at how ponds are fenced. E. WRIA 9 Resolution to Adopt Habitat Plan Paul Bucich provided background information. Cmte PASSED staff recommendation to fwd Option 1 to the December 6th Council Consent Agenda. Vi{i2Pip}i:: 9oull~i(';qi f(zi:iq~~: ~ -... ~: ~E;96fijjj)}py :q~~~~!!~q~~ fqi(: ~: =: !'/i$SfQ }hf~~i;'lo~s!yJ Council wanted to know if this would add more regulation; Mr. Bucich said it would not. F. Inter-Local Agreement for Water Resource Inventory Area 9 Paul Bucich provided background information. Cmte PASSED staffrecommendation to fwd Option 1 to the December 6th Council Consent Agenda MQ'p~P)"J:. i:;~~~;;Jlrn(Jtl ~ a!!if!n. :- ~: =: 5g99jfiitl?b)J;i.~~~1?~q~~~q~(: = _:~ ..f~-$:S!P _.l!nani~;)~~]y~i G. Triangle Project SR161/ SR18/ 1-5 - Status Report Rick Perez provided background information. This item is INFORMATIONAL but cmte wilJ fwd to the November ISth Council Consent Agenda ,----.....----------- ........--.------.- - --- - .---.-,- ----- ".".------------- ..--,,-------------..- ill------------"-- .-.----.------------ -.. -------- --- -- -. --., ~l!fQI}#AT~QN.Jl:_ (]lj ~ >:. ~j?rtVq,:~~d !9.. tbe_l-{o~~lperJ~ _ _~l!!!!l.-C:~l. 9l!.n!~~~ A_g!!~(/q: ___ . __ _ _ _ _ __ ... . ___:' Councilman Faison said there did not seem to be much time savings in the proposed changes. Mr. Perez responded that there would be improvements for citizens in the afternoon commute, and especially on weekends at 348lh & Enchanted. H. Federal Way Public Schools 2006 Capital Facilities Plan/School Impact Fee Tho Kraus provided background information. This item was changed from INFORMATIONAL to ACTION. The LUTC Committee moved to forward this item to the November ISth Council Consent Agenda j _ _ _ _.. _. .. V" ,. ...... om.. ,._ ,. ,._ _ ...m '. __._ " ,om ,. ,.._.. ._ .. ... _,... .... .. "_ _ _ _ _ _ ,~, . ,._ .. _ ,. ,._ . _ .. m ., ..." ...... om ,. __ _ __ _ _.. _ _ "_ ,..... ,... '. ,m _ .._.. .... ,. ,.~ .. ." ,. .... ,. _.... ....! M9. VEp _~J'._ C;ol/ncil'!lqrl.. ~ais()n.~. _ __ _ .sg~9}v.PEJ? py _C;()utlciI1l1qnf_!1.r..k,--.~. __ ...p J.~SfJ;>Y,!animoI1:\!Y:': Councilman Faison asked how much the City of Des Moines has benefited from this program by opting out (i.e. how much have the participating cities paid on their behalf). Thc school district representative agreed to look into this. 6. FUTURE MEETINGS The next scheduled meeting will be November ZI 'r, 200S. 7. ADJOURN The meeting adjourned at 7:30 p.rn. G:\UJTC\LUTC Agendas and Summm"jt::,., 2005\) J n'/-OS LUTe Minutes,doc CITY OF FEDERAL WAY MEMORANDUM ~.~"".. -~''''. "^-~- ,-',.-.~ DAT~:: November 21, 2005 TO: Land U'e ~~!!an,portation Committee ~ VIA: David H. Mosel~1k;Manager " I FROM: Marwan Salloum, P.E., Street Systems Manager "!. ..) .c';'-' SUBJECT: 2006 Street Sweeping Services Contract ~ Bid Award ."~'~ POLICY QUESTION: Should the Council award the 2006 Street Sweeping Service Contract to thc lowest responsive, responsible bidder? BACKGROUND: Five bids were received and opened on November 8, 2005 for the 2006 Street Sweeping Services Contract, please see attached Bid Tabulation Summary. The total bids for this contract are as follows: Company Bid Amount -~- Action Services Corporation $71,602.04 Best Parking Lot Cleaning, Inc. $79,713.59 McDonough & Sons $95,761.00 Davidson-Marcri Sweeping, Inc. $99,237.40 Ms. Lloyd, Inc. $120,743.20 Available Budget Amount $59,605.00 Thc lowest responsive, responsible bidder is Action Services Corporation. with a total bid of $71,602.04. The amount available in the 2006 budget for this service is $59,605.00. This project has a short fall of $11,997.04. With this budget short fall the two options before the committee and council are as follow: 1. Should additional budget be allocated to this service to maintain the existing level of service? At this time the Street Sweeping Services are funded 100% from the surface water funds. In the 2005/2006 budgets, the Street Sweeping services was reduced and the budget was cut in the amount of $15,000. 2. Should service be reduced to meet the available budget? To reduce the services to meet the available budget the following task must be reduced as follow: . Street sweeping in all Arterial Streets, State Routes and Collector Streets will be reduced from 12 sweeping per year to II sweeping per year, . Street sweeping in all Residential streets will be reduced from 4 sweeping per year to 3 swceping per year . Emergency call out will be rcduced from 200 hours to 80 hours OPTIONS: l. Award the 2006 Street Sweeping Services Contract to Action Services Corporation, the lowest. responsive, responsiblc bidder in the amount of $7 I ,602.04 and authorize the transfer of $12,000.00 from unallocated Surface Water Funds to this line item budget and authorize the City Manager to execute the contract. K:\LUTC\200S\11-21-0S 2006 Street Sweeping Service Bid award. doc 2. Reduce the Street Sweeping scope of service as out lined above or any other reduction of service that will total to $12,000. A ward the 2006 Street Sweeping Scrvices Contract to Action Services Corporation, thc lowest responsive, responsible biddcr in the amount of the available budget and the proposed rcduced scope. 3. ReJcct all bids for thc 2006 Street Sweeping Serviccs Contract and direct staff to rebid the project with a reduced scope and return to Committee for furthcr action 4. Do not award the 2006 Street Sweeping Services Contract to thc lowest responsive, responsible bidder and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option I to the December 6, 2005 City Council Consent Agenda for Approval: 1. A ward the 2006 Street Sweeping Services Contract to Action Services Corporation, the lowest responsive, responsible bidder in the amount of $71 ,602.04 2. Authorize the transfer of $12,000.00 from unal10cated Surface Water Funds to the Street Sweeping Service budget 3. Authorize the City Manager to execute the contract. COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the December 6, 2004 City Council Consent Agenda. K:\LUTC\200S\11-21 ~OS 2006 Street Sweeping Service Bid award.doc ~ ~ ~ ~ ,a $miii_'" ~ g ~ a,~ Ij) if) Ul ;r ~~ ';- ~ : ~~~~..;- ~ ~ ] ~t 0:8">) ~_~ 12 ~ 8~ ;;:;"'t.::- !~ 88888 8 8:i ~U!H ~ 5 1i!;1 \; fi! w,~: 8 "< ~~~_~~_lt ~f'i ! :;~::;::i!U ;; i <fJ if) ~f) uJ<JJLU ~ i jZ .-,...;- ";r h 1! NNNN i g i :; ~~~~ <J i& ~ !'l.~ ~ ~ ',; l 8~ ~Ml:::'" !,= :S:UISi 8 ~" ~~~! ~ " ~ <;~$~8l.. 8 .. ~~!;i_S~_~ ~ ! a~~a~r= ~ ~~~ ~ ~ -- 0( i ~ ~~~~ Ii i: . ii' ~~ ~:<l~1ll " ~i 3~B~ ".. M ~~ 1. fl ~ l:lill 8 ~!! !!~~ ~ ~ ;\'I!ils; S : " ~::ii" ~- ~ :: ~ :;~~; - .. ,,"'"'' ;; ~ g ~~~ <> >' !,. : ' ~ ' ' ; , ' ; , ' j< P ~~~~ ~ _ u 5:. r=)- :!!~1II :w: '"S' ~ ~!iliil.. t'" I. ~ H ~ a ~- " ~ f,)cn M :;:Ii i~ Iillil8~ 8 ~" :~~~ ~ :~ ~ ((1:&<11)1 8 I J :<_~ ~~ ~ - a:~~ :st ~ ;; t1]1J)1J) ~~~ ! ~ :... ~~~~ . ; -h !~ li~i ~ Ii . ;llIfh J}~ ~i h~91 ".. ::;M;;;'''' !I 8888 8 ~" UU ::: " ~ " i ~ ~ '" :g w U ~ ~ ..; W L '" " <:l E .. ~ ii w 0 w Z ~ ! 1 ... c ~ ~ ~ w '" it ! w c: "- -c " ~ nJj - " ... ' w .~ '" 0- v ll;.. "' c ~ - 1./ ~ ~ <> -0 ~" ~ iii , ' ~L . g ~ ~ II ~~~~ ~ i ~N _\"'4(")'<tLil CITY OF FEDERAL WAY MEMORANDUM ,...... ..-. .._~..~..,_.,.____' .___._n.._______ ._..,~~, ~",.".",,~ DATE: November 21'1,2005 TO: Land Use and Transportation Committee VIA: David H. Moset~anager II FROM: Paul A. Bucich, P:E, Surface Water Manager SUBJECT: Joe's Creek Habitat Restoration Project - 85% Design Status Report POLICY QlJESTION: Should the Council authorize staff to proceed with design of the Joe's Creek Stream Restoration Project and return to the Council at the 100% design completion for further reports and authorization? BACKGROUND: This project restores approximately 640 lineal feet of Joe's Creek located along the southerly boundary of the Twin Lakes Golf and Country Club Driving Range. The existing channel is narrow and incised with ongoing bank erosion that is threatening the stability of the stream bank and private property. Restoration activities will include regrading the stream channel and banks, placement of fish habitat structures such as log poles and rootwads within the stream channel, wetland mitigation planting and creation, and removal of 71 feet of broken storm drain pipe lying in the channel. Up to 255 feet of 66-inch diameter pipe will replace an existing failing storm line from the pedestrian underpass to the creek. Currently, the project design is approximately 85% complete, which includes the following completed tasks: . The Topographical Survey and Mapping . Hydrological and Hydraulic Analysis . Stream Geomorphology Assessment . Fish Use, Passage, and Habitat Assessment . Wetland Analysis . SEP A, JARP A, and Biological Evaluation Determinations . Easements . HP A received from WSDF& W Ongoing tasks include: . Biological EvaluationDetermination and Project Permitting from Army Corps. . Project Design to 100% Level PROJECT ESTIMATED EXPENDITURES: Design $447,745 Year 2006 Construction (Estimate) $1,039,586 10% Construction Contingency $103,959 10% Construction Management $114,355 Long Term Monitoring $10,000 '" "~._-,--",--~'~~'---~~~ Sales Tax @ 8.9% $100,632 K:\LUTC\2005\11-21-05 Joe's Creek 85% design LUTC memorandum.doc ---------------. TOTAL PROJECT COSTS $1,816,277 A V AILABLE FUNDING: TOTAL AVAILABLE BUDGET $1,856,000 SURfACE WATER UTILITY $750,000 KING COUNTY FUNDING $250,000 WASHINGTON STATE ApPROPRIATION $856,000 Proiected Proiect Savin2s - $39.723 OPTIONS: 1. Authorize Surface Water Management staff to proceed with design of the Joe's Creek Habitat Restoration Project and return to the LUTe Committee at the 100% design completion stage for further reports and authorization. 2. Do not authorize staff to continue with the project and provide direction to staff. STAFF RECOMMENDA TJON: Staff recommends forwarding Option 1 to the December 61h, 2005 Council Consent Agenda for approval: 1. Authorize Surface Water Management staff to proceed with design of the Joe's Creek Habitat Restoration Project and return to the LUTC Committee at the 100% design completion stage for further reports and authorization. COMMITTEE RECOMMENDATION: Forward the staff recommendation for Option 1 to the December 61h, 2005 City Council Consent Agenda. K:\LUTC\2005\11-21-05 Joe's Creek 85% design LUTC memorandum.doc CITY OF FEDERAL WAY MEMORANDUM DATE: October 28, 2005 TO: Land Use and T. ansportation Committee VIA: David H. M el anager FROM: Mary Kate Mart n, Building Official ,L{~ SUBJECT: lnterlocal Agreement between the City of Federal Way and South King Fire and Rescue POLICY QUESTION: Should the Council authorize revisions to the current Interlocal with Federal Way Fire Department for the purpose of clarifying inspection processes for hazardous conditions, updating code references and the name of the of the Fire District to South King Fire and Rescue? BACKGROUND: Federal Way Fire Department currently performs development review for fire code issues and fire department permit inspections in the City of Federal Way, under the provisions of the interlocal approved by Council in 2001. This revision of the interlocal proposes to do three things: 1) Clarify actions to be taken in the event an inspection reveals a code violation that constitutes a fire-or life-safety hazard; 2) Update Federal Way Fire Department's name to South King Fire And Rescue, the name chosen for the newly merged Fire Districts 39 and 26 (FD 26 currently serves the City of Des Moines) and: 3) Update code references from the "Uniform" codes to the "International" codes for consistency with the Federal Way City Code's 2004 adoption of the International Codes. OPTIONS: l. Forward the draft interlocal to the full Council for approval on consent agenda 2. Provide direction to staff to make changes to the draft interlocal and return to this committee for reVIew. STAFF RECOMMENDATION: Staff recommends Option I for the December 6, 2005 City Council Consent Agenda: Forward the interlocal to the full Council for approval on the December 6, 2005 Consent Agenda COMMITTEE RECOMMENDATION: Approval of the interlocal. cc: Project File Day File ))[E?J i\ (?f j ! :,;' / /.~ ,_':."J _,' U!.r-uU (0 I z. T {O<; INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND FEDERAL 'W AY FIRE DEPARTl\{ENT SOUTH KING FIRE AND RESCUE, RELATING TO DEVELOPMENT REVIEW PROCESS AND THE ENFORCEMENT OF THE UNIFORl\{ INTERNATIONAL FIRE CODE. THIS AGREEMENT is made and entered this date by and between Federal \Vay Fire Department South King Fire and Rescue, a political subdivision of the State of Washington (hereinafter referred to as the "District") and the City of Federal Way, a non- charter optional municipal code city, incorporated under the laws of the State of Washington (hereinafter referred to as the "City"). WHEREAS, the City has adopted land use regulations and a series of safety codes having to do with the building, maintenance, and use of structure~ and their occupanciesy, including the Uniform International Building Code (tJIBC) and the Uniform International Fire Code (tJIFC), and WHEREAS, the District has a fully functional Fire Prevention Division, staffed with trained personnel that regularly conducts fire code safety inspections and plan review in an area that includes the City, and WHEREAs, the District has provided fire code safety inspections for the City since the City was incorporated in 1990 through an Interlocal Agreement entitled THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND KING COUNTY EffiE PROTECTION DISTRICT NUMBER 39, RELATING TO DEVELOPMENT REVIEW PROCESS AND THE ENFORCEMENT OF THE UNIFORM FIRE CODE ("1990 Interlocal"); and WHEREAS. the 1990 agreement was terminated in December 2001 bv mutual agreement of the oarties and a vote ofthe Council and replaced with an updated Interlocal Agreement entitled THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND FEDERAL WAY FIRE DEPARTMENT. RELATING TO DEVELOPMENT REVIEW PROCESS AND THE ENFORCEMENT OF THE UNIFORM FIRE CODE. WHEREAS, the parties to the interlocal agreements referenced above wish to terminate that agreement in order to update various provisions as set forth in this Agreement, NOW THEREFORE, pursuant to the provisions of the Interlocal Cooperation Act, Chapter 39.34 RCW, the City and the District agree as follows: In consideration of the mutual terms, provisions and obligations contained herein, it is agreed by and between the City and the District as follows: 1 1. The District will appoint a representative(s) to participate in the City's development review process. This will include such items as Site Plan Review process, Community Development Review Committee, Pre-Construction conferences, and code enforcement. The City will advise the District in a timely manner of meetings that require their attendance. 2. The District will carry out the intent of the UBiform International Fire Code (yIFC) for the City by conducting inspections, investigations, performing plan review, and maintaining a Fire Prevention Division. All references to the YIFC in this document refer to the 1997 UFC 2003 IFC as it now exists or as is hereafter amended. Inspections of existing occupancies will be conducted as follows: a. Inspections are to be performed as per section 103.3 .1.1 104 and Section W3-:4 105 of the YIFC as presently constituted or subsequently amended. b. Inspections in accordance with Section 103.3.1.1 104 and ~ 105 shall be conducted at least one time during every two~ year period, except Group A and H occupancies, which shall be inspected on an annual basis. In all cases the inspections are to be conducted in a regularly scheduled manner. c. The District will serve written notice of violations of the YIFC to the property and/or business owner as is appropriate. Such notice will include all of the following: Date of Inspection; Nature/Extent of Violation: Code Citation; and Action( s) Required to Correct In the event that inspection reveals a code violation or violations which constitutes a fire- and/or life-safety hazard. as described in the code. the notice will include direction to the property and/or business owner to cease operation of equipment or use of the area that is found to be unsafe. until the code violation is corrected. Re-inspection of failed inspections will be conducted not more than 30 calendar days after the initial inspection. The thirty-day limit may be exceeded if so doing does not endanger persons occupying or accessing the occupancy and the fire inspector sets and documents in writing a date certain for re-inspection. d. If compliance is not achieved after the first re-inspection, a second written notice will be served. e. If after a second re-inspection for violation, a non-compliance still exists, then the Fire Marshal shall confer with the Building Official and jointly prepare the enforcement action. 2 f. At the time of the first inspection, Fire Department fuspectors will determine if a valid permit is held by occupancies requiring apermit, pursuant to me Miele 4 IFC section 105. If a valid permit is not held, the inspector will lake appropriate action to inform the occupant of the local requirements. g. Notwithstanding the foregoing, immediate enforcement and or other actions may be undertaken by the City in lieu of warnings or reinspections if to do so is necessary to comply with applicable law or for other circumstances as determined by the City. The District shall refrain from performing any of the services specified in this paragraph upon request by the City. 3. The District will conduct Fire Investigations in conformance with the YIFC and other local, state or federal regulations. Fire investigators will advise the City's Building Official of structure fires as soon as possible but no later than the conclusion of the initial ipvestigation, and prior to any work being done by a contractor to repair fire damage. All investigations involving the crimes of arson or mischievous burning are to be conducted and the appropriate police agency notified. This does not preclude any coordination or cooperation of any other appropriate agency. 4. A copy of plans submitted to the City for building construction and/or alteration will be submitted to the District for review. Generally, the District will be responsible for determining: a. Fire hydrant locations. b. Locations of Fire Department connections for standpipes and sprinkler systems. c. Key box locations and approvals. d. Fire flow availability in areas where the Water/Sewer District does not have sufficient information e. Road access to property and buildings for fire fighting purposes, including designating fire lanes. f. Fire sprinkler and fire alarm modifications. 5. The District will review plans for Automatic Fire Suppression Systems and Fire Alarm and/or Detection Systems. Associated electrical installations will be reviewed and permitted separately by the City. 6. The District will assist the City as necessary, to perform field inspections during various stages of construction on new and renovated buildings. 3 7. The District will be responsible for witnessing tests of Automatic Fire Suppression Systems and Fire Alarm and/or Detection Systems. Such tests are to be performed by the installer. 8. The City and the District will jointly conduct final inspections of new buildings. 9. For such assistance of enforcing the codes and ordinances as adopted by the City, the City agrees to pay the District on a quarterly basis as follows: a. For assistance with plan review and inspection of buildings classified as Group A, B, E, F, H, I, M, Rl, R2. R4. and S Occupancies as set forth in the YIBC, the Fire Department Plan Check Fee collected pursuant to the UBiform International Fire Code Fee Resolution as adopted by the City. b. For assistance with plan review and inspection of Automatic Fire Suppression Systems and Fire Alarm and/or Detection Systems, the Fire Department Plan Check Fee and the Fire Department Permit Fee for such systems collected pursuant to the Uniform International Fire Code Fee Resolution as adopted by the City. 10. The District will review applications and perform field inspections of public fireworks displays to ensure compliance of applicable State and City laws. 11. The Chief of the District or the Chiefs designee, and the City Manager or the Manager's designee shall administer this agreement. 12. (a) The City is contractIng with the District to obtain the expertise, which the District acknowledges, and warrants its personnel possess. The employees ofthe District perfonning services under this Agreement shall, under no circumstances, be construed as being employees of the City. The District, with respect to the services provided by the District pursuant to this Agreement, hereby agrees to indemnify, defend and hold the City hannless from any and all claims for personal injury, property damage or other claims of any nature whatsoever arising out of the acts, omissions, or performance of any of the District's personnel in carrying out services contracted to be provided under this Agreement. Said agreement of indemnification shall include indemnification by the District of the City for any claims for injuries made by the District's agents or employees against the City, not withstanding any immunities that might otherwise have been available to the District by virtue of the Workman's Compensation Act, Title 51 RCW. (b) The City, with respect to this Agreement, hereby agrees to indemnify, defend and hold the District hannless from any and all claims for personal injury, property damage or other claims of any nature whatsoever arising out of the acts, omissions, or performance of any of the District's personnel in carrying out services contracted to be provided under this Agreement. 4 j 13. The -l-99() 2001 Interlocal, as identified in the recitals of this Agreement, is hereby tenninated as ofthe date of this Agreement. 14. Either party may tenninate this Agreement upon sixty (60) days written notice unless a shorter period is mutually agreed upon the by the parties. Paragraph 12 of this Agreement shall survive tennination. 15. Any notices required to be given by the City or by the District shall be delivered to the Parties at the addresses set forthbelow._... City: District: City Manager Fire Chief! Administrator City of Federal Way South King Fire and Rescue 33325 8th Ave South 31617 1 st Avenue South P. O. Box 9718 Federal Way, WA 98003 Federal Way, W A 98063-9718 16. Filing of Agreement. This Agreement shall be filed with the City Clerk of the each municipality and the King County Auditor as required by law. The foregoing items are not intended to be all-inclusive, but to demonstrate intent of a cooperation needed to comply with the codes and goals of the City and the District. IN WITNESS THEREOF, the parties have executed this Agreement. CITY: DISTRICT: David H. Moseley, City Manager Allen P. Church, Fire Chief! Administrator Date: Date: Attest: Laura K. Hathaway, City Clerk Date: 5 Approved as to Form: Patricia A. Richardson, City Attorney Date: K:\lawdept\FW Fire Dept Dev Review 6 ~ CITY OF ~" Federal Way DATE: November 14,2005 To: Jack Dovey, Chair Land Use/Transportation Committee (LUTe) VIA: David~ager . 0 FROM: Kathy McClung, Director of Community Development Services fJ.N Margaret H. Clark, AICP, Senior Planner JVv*C S U SJEeT: Selection Process ~ Amendments to the Zoning Code MEETING DATE: November 21,2005 I BACKGROUND The Growth Management Act requires jurisdictions to allow the public to suggest updates to their codes and comprehensive plans once a year. In addition, pursuant to Federal Way City Code (FWCC) Section 22-520, the City Council shall review city-initiated changes to the text of the zoning code from time to time at the council's discretion. Pursuant to FWCC Section 22-523, after the deadline for accepting applications, the City Council shall hold a public hearing and select those docketed amendment requests it wishes to move to the Planning Commission for further consideration. It is the City's practice that all City business be presented to a Council Committee, in this case the Land Use/ Transportation Committee (LUTC), before Council deliberation. Please note that this staff report addresses only potential zoning text amendments. Potential changes to the comprehensive plan map or text will be presented to the LUTC in early 2006. II TEXT CHANGES PROPOSED Proposed zoning code text amendments can be divided into those that are citizen-initiated and those that are city-initiated. A. Citizen-Initiated Requests In September 2003, the City received two requests for amendments to the Sign Code (Exhibits A and B). In September 2004, the City received a comprehensive plan amendment and rezone from Office Park (OP) to Multiple Family (RM 2400 ~ one unit per 2,400 square feet) in order to construct single family units on 2,400 square-foot lots (Exhibit C). This would require an amendment to the Multifamily Use Zone Chart. Due to workload, staff has not yet initiated any work on these requests. In September 2005, four additional requests were received (Exhibits D-F). Staff is proposing to combine the requests received in September 2003 (2004 Code Amendments), the request received in September 2004 (2005 Amendment), and those received in September 2005 (2006 Code Amendments). By combining the 2004, 2005, and 2006 requests, we will be able to complete the updates in 2006 and be on schedule for the 2007 Code Amendment Update Cycle (deadline for these requests is September 2006). The following is a summary of the citizen-initiated requests: Requests received in September 2003: 1. Request #1 - A request by Smart Start Day Care to amend the sign code to allow day cares to advertise available vacancies with banners at any time of the year (Exhibit A). 2. Request #2 - A request by Real Estate Agent Marylyn Gates on behalf of the Board of Realtors to amend the sign code to reduce the 200 foot lineal separation requirement for off~site real~estate directional signs to less than 200 feet when necessary in order to indicate a turn or change in direction of travel (Exhibit B). Request received in September 2004: Request #3 - A request by Wally Costello on behalf of the Quadrant Corporation to construct single family units on 2,400 lots in a multifamily (RM 2400 - one unit per 2,400 square feet) zone (Exhibit C). Requests received in September 2005: 1. Request #4 ~ A request by Stateside Investments to amend the zoning code in order to allow zero~lot line development in the multifamily (RM 2400 - one unit per 2,400 square feet) zone, which would allow townhouse developments on individual lots (Exhibit D). 2. Request #5 - A request by Steven Cranferd to amend the Business Park (BP) Use Zone Chart to allow commercial day care facilities (accommodating 13 or more attendees) (Exhibit E). 3. Request #6 ~ A request by Jeffrey Oliphant on behalf of the Federal Way Marketplace Investors to amend the sign code to allow properties eligible for a Freeway Profile Sign to have an off~site sign if they are unable to have an on-site sign due to unique physical conditions, such as elevation or critical areas (Exhibit F). B. City-Initiated Requests 1. Request #7 ~ Consider amending the Neighborhood Business (BN) Use Zone Charts to allow for increased maximum height for certain uses in the BN zone. Changes may be necessary to Chapter 2, Land Use, ofthe Federal Way Comprehensive Plan (FWCP) to support increased building height. These changes would be addressed at the time that the comprehensive plan is amended in 2006. 2. Request #8 ~ Consider amending the Community Business (Be) Use Zone Charts to allow for increased maximum height for certain uses in the BC zone. Changes may be necessary to Chapter 2, Land Use of the FWCP to support increased building height. These changes would be addressed at the time that the comprehensive plan is amended in 2006. 3. Request #9 - Consider amending the "Community Design Guidelines" to require buildings in the BN zone to be located adjacent to rights~of~way in order to promote Selection Process Staff Report November ]4,2005 Amendmcnts to the Zoning Code Page 2 ~- pedestrian connectivity. III REASON FOR COUNCIL ACTION Pursuant to FWCC Chapter 22, Article IX, "Process VI Review," the City Council is required to review all requests concurrently. Further, prior to adoption, the Council is required to hold a public hearing, at which time it selects those amendment requests it wishes to consider for adoption. IV PROCEDURAL SUMMARY FOR 2002 COMPREHENSIVE PLAN AMENDMENT PROCESS November 21,2005 LUTC Meeting - A summary of all requests will be presented to the LUTC for a recomrnendation of which requests should be considered further. December 6, 2005 Public Hearing by City Council. The City Council shall determine which requests should be considered further. V BACKGROUND AND STAFF ANALYSIS A. Request #1 ~Smart Start Day Care requested an amendment to the sign code to allow day cares to advertise available vacancies with banners at any time of the year (Exhibit A). In their application, they state that they are a non-profit organization and cannot afford to put a sign on the building. They further state that they should be treated like apartment complexes not retail. They would also like to place the banners on the fence for visibility. Staff Analysis Pursuant to FWCC Section 22-1600, banners are prohibited signs except as expressly allowed in Table I and FWCC Section 22.1599(d)(2)(f). Table I is titled, "Allowances for Temporary and Special Signs ~ Permit Required." This table allows banners to be used on a temporary basis and requires a permit for banners. New day cares are allowed to have banners for grand openings for a duration of 30 days, and the banner can only be used within 60 days of occupancy. Existing day cares may use banners for special promotions, such as advertising vacancies, for a total of 90 calendar days, but no more than four events per year. Banners are not allowed on fences. However, banners in windows are allowed year~round without a permit if they do not exceed 25 percent of the window area. FWCC Section 22-1599(d)(2)(f) applies only to flags, so it is not applicable to the applicant's request. Apartment complexes are treated no differently than day care providers for the purpose of banners. However, pursuant to FWCC Section 22-1599(w), "Real Estate Signs," apartment complexes can advertise vacancies by use of on-site A-board signs as long as the sign is no greater than six square feet per sign face. Day care providers such as Start Smart, in a Community Business (BC) zone, may utilize either a Changeable Copy Signl or an Electronic I Changcable eopy sign means a sign whose informational content can be changed or altered (without changing or altering the sign frame, sign supports, or electrical parts) by manual or electric, electro-mechanical, or electronic means. A sign on which the message changes more than eight timcs a day shall be considercd an electronic changeable message sign and not a changeable copy sign for purposes of this chapter. A sign on which thc changing is an electronic or mcchanieal indication oftime and/or temperature shall be considered a "time and tcmperaturc" sign and not a changeable copy sign. Selection Process Staff Report November 14,2005 Amendments to the Zoning Code Page 3 -".,-- Changeable Message Sign2 to advertise temporary vacancies. B. Request #2 ~ On behalf of the Board of Realtors, Real Estate Agent Marylyn Gates has requested an amendment to the sign code to allow a reduction in the 200 foot lineal separation requirement for off-site real-estate directional signs to less than 200 feet when necessary in order to indicate a turn or change in direction of travel (Exhibit B). Staff Analysis Pursuant to FWCC Section 22-l599(w), "Real Estate Signs," real estate signs are limited to six per property per agent, provided that there is a 200-foot lineal foot separation between signs. As stated in the August 6, 2003, letter from Marylyn Gates (Exhibit B), open house signs are used to direct potential buyers to homes that are for sale. Often, a potential buyer may need to travel in a different direction before having traveled 200 feet from the previous sign. With no sign at the turn to guide them, they may get lost, resulting in them not finding the house for sale. C. Request #3 ~ On behalf of the Quadrant Corporation, Wally Costello has requested an amendment to the multifamily code provisions to allow a detached dwelling unit on a 2,400 square foot lot in a Multifamily (RM 2400 - one unit per 2,400 square feet) zone (Exhibit C). Staff Analysis The code presently allows detached fee~simple dwelling units on a minimum 5,000 square foot lot in multifamily zones, regardless of the underlying density of the zone. The code also allows attached, detached, or stacked dwelling units on a minimum 7,200 square foot lot with the density ofthe underlying zoning. For example, in the RM 2400 zone, attached, detached, or stacked dwelling units are allowed at a density of approximately 18 units per acre, which would allow three units, whether attached, detached, or stacked on a 7,200 square foot lot. However, a unit could not be sold on a fee simple lot (on an individual 2,400 square foot lot) but could be sold if converted to condominiums. Quadrant is not asking for an increase in the already allowable density, but for an amendment to allow detached units to be located on an individual 2,400 square foot lot, in which case they may be sold. Impacts associated with a detached dwelling unit on a 2,400 square foot lot should be no different than impacts associated with three detached dwelling units on a 7,200 square foot lot. D. Request #4 - Stateside Investments has requested an amendment to the zoning code to allow zero-lot line development in the Multifamily (RM 2400 - one unit per 2,400 square feet) zone, which would allow townhouse3 developments on individual lots (Exhibit D). Staff Analysis The code presently allows attached, detached, or stacked dwelling units on a minimum 7,200 square foot lot with the density ofthe underlying zoning. For example, in the RM 2400 zone, attached, detached, or stacked dwelling units are allowed at a density of approximately 18 units per acre, which would allow three units, whether attached, detached, or stacked on a 7,200 square foot lot. Therefore, townhouse type development is already allowed in the RM 2 Electronic changeable message sign means an electronically activated sign whose message content, either whole or in part, may be changed by mcans of electronic programming. 3 A townhouse dwelling is a singlc-family dwelling in a row of at least three such units in which cach unit has its own front and rear aceess to the outside, no unit is located over another unit, and each unit is separated trom any other unit by one or morc vertical eommon fire-resistant walls. Selection Process Staff Report November 14,2005 Amendments to the Zoning Codc Page 4 -~-_. 2400 zone. However, the units could not be sold on fee simple lots but could be sold if converted to condominiums. In order to allow fee-simple townhouse development, both the subdivision code and the Multifamily Use Zone Chart would require amendments. E. Request #5 - Steven Cranferd has requested an amendment to the Business Park (BP) Use Zone Chart to allow commercial day care facilities (Exhibit E). Staff Analysis The foJlowing chart shows the types of day care allowed and the zones that they are allowed. Type of Day Care Home Occupation Day Care ~ Commercial Day Care Facility - 12 or fewer attendees 13 or more attendees Zone SE X X RS X X RM X X BN X X BC X X PO X OP X CC-C X X CC~F X X BP As can be seen in the above table, day care facilities operated as a home occupation4 are allowed in all zones that allow residential dwelling units. They are not allowed in the Professional Office (PO) or Office Park (OP) zone because residential dwelling units are not allowed in these zones. Although senior citizen (55 years and older) housing is allowed in the BP zone, a home occupation day care is not allowed. Commercial day care facilities are allowed as a stand-alone use in all zones except in the BP zone. However, commercial day care facilities are allowed as an accessory use5 to an allowable principal use, such as office or warehouse, in all commercial zones, including the BP zone. Pursuant to RCW 36.70A.450, a city may not prohibit a family day-care provider's home facilitl in a residential dwelling, located in an area zoned for residential or commercial use, even though the dwelling may be a nonconforming use in a commercial zone. The state's definition of a family day-care provider coincides with the City's definition of a home occupation day care. 4 Home occupation means an occupation, enterprisc, activity, or profession which is incidental to a rcsidential use, which is carried on for profit, or customarily carried on for profit, and which is not an otherwise permitted use in the zone in whieh it occurs. 5 Accessory means a use, activity, structure, or part of a structure which is subordinate and incidental to the main activity or structure on the subject property. 6State law defines "family day-care provider" as a child day-care provider who regularly provides child day care for not more than 12 children in the provider's home in thc family living quarters. Selection Process Staff Report November 14,2005 Amendments to the Zoning Code Page 5 -----... F. Request #6 ~ Federal Way Marketplace Investors has requested an amendment to the sign code to allow properties eligible for a Freeway Profile Sign to have an off-site sign if they are unable to have an on-site sign due to unique physical conditions, such as elevation or critical areas (Exhibit F). Staff Analysis In October 2005, the City adopted amendments to FWCC Chapter 22, Article XVIII, "Signs," to allow 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. Properties meeting the criteria for a freeway profile sign would be allowed one additional pylon or pole sign. Federal Way Marketplace Investors are developing the Federal Way Market Place (new WalMart site). This property has unique characteristics since there is a state beautification strip, located on a hill, between the Federal Way Market Place and 1-5. There is also a stream with a 50-foot stream buffer between the site and 1-5. In addition, the graded site is at a lower elevation than the freeway. As a result, a freeway profile sign on the Federal Way Market Place would not be visible from the freeway. Please refer to September 17, 2005, correspondence from JLO Washington Enterprises, Inc. (Exhibit F). The City presently does not allow a property to advertise its business with an off-site sign.7 G. Requests #7 and #9 ~ Research an amendment to the Neighborhood Business (BN) Use Zone Charts to allow for increased maximum height for certain uses in the BN zone. Also, research an amendment to the Community Design Guidelines to require buildings in the BN zone to be located adjacent to rights-of~way. Staff Analysis As part of the 2005 code amendments process, staff conducted a review of the BN Use Zone Charts in order to determine whether additional land uses should be permitted. The City Council indicated an interest in additional code amendments to the BN zone to allow increased height of buildings and to require location of buildings adjacent to the right-of-way. In the BN zone, with the exception of school gyms, the maximum allowable height for buildings is 35 feet. FWCC Section 22-1 638(a) presently states that 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. H. Request #8 ~ Research an amendment to the Community Business (BC) Use Zone Charts to allow for increased maximum height for certain uses in the BC zone. Staff Analysis The BC zone is intended to be a more intensive commercial zone than the BN zone. The BC zone allows a larger range of development types and is typically located along major arterials. The BN zone, on the other hand, is intended to provide retail and other services to adjacent residential areas. In the BC zone, with the exception of school gyms, the maximum allowable height for buildings is 35 feet. However, in this zone, there are provisions for increased height of buildings up to a maximum of 55 feet subject to meeting certain criteria and Process III review. It would seem appropriate to allow an increased maximum height in 7 Off-site sign means a sign relating, through its message and content, to a business activity, usc, product, or service not available on the subject property on which the sign is located. Selection Process Staff Report Novcmbcr 14, 2005 Amendments to the Zoning Code Page 6 the Be zone if a similar increase in height is allowed in the BN zone. VI SELECTION CRITERIA FWCC Section 22-523 stipulates criteria for selecting amendments for further consideration. A. Criterion #1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Response to Criterion #1 None ofthese requests have been studied before. B. Criterion #2 The proposed amendment is consistent with the overall vision of the comprehensive plan. Response to Criterion #2 Request Response Request #1 - A request by Smart Start Day The request complies with the following goal: Care to amend the sign code to allow day EDG-6 ~ The City will encourage and support existing cares to advertise available vacancies with businesses to remain and lor expand their facilities banners at any time of the year. within Federal Way. However, as discussed under Section V of the staffreport, there are presently other opportunities in the sign code that allows a business such as a day care provider to advertise vacancies. In addition, the proliferation of banners would not comply with the following goal: LUG 1 ~ Improve the appearance and function of the built environment. Request #2 - A request by Real Estate Agent The request complies with the following goal: Marylyn Gates on behalf of the Board of EDG-6 ~ The City will encourage and support existing Realtors to amend the sign code to reduce the businesses to remain and lor expand their facilities 200 foot lineal separation requirement for off- within Federal Way. site real-estate directional signs to less than 200 feet when necessary in order to indicate a turn or change in direction of travel. Request #3 ~ A request by Wally Costello on The request complies with the following goals: behalf of the Quadrant Corporation to L UG4 - Provide a wide range of housing types and construct single-family units on small lots in a densities commensurate with the community's needs and Multiple Family (RM 2400 ~ one unit per preferences. 2,400 square feet) zone. HG3 ~ Develop a comprehensive plan and zoning code that provide flexibility to produce innovative housing <:nl1Jlirm<: fln Hnf h1Jrfl"m flu' r-n<:f n{ T,n1J\';H(T Selection Process Staff Report November 14,2005 Amendments to the Zoning Code Page 7 Request Response development and maintenance, and diversify the range of housing types available in the City. HP 15 - Review zoning, subdivision, and development regulations to ensure that they further housing policies and don't create unintended barriers. This is of particular importance for small lot and cottage housing developments. In order to facilitate small lot and cottage housing developments, it is particularly important to revise, as necessary, the subdivision and development regulations that govern their development.HP 16 - As appropriate, reduce minimum lot sizes to allow constrnction of smaller, detached single-family houses on smaller lots. HP22 - Periodically review and update development regulations to incorporate opportunities for new housing types. Request #4 - A request by Stateside The request complies with the following goal and Investments to amend the zoning code in order policies: to allow zero-lot line development, which L UG4 - Provide a wide range of housing types and would allow townhouse developments on densities commensurate with the community '."I needs .individuallots (Exhibit D). and preferences. HP 15 - Review zoning, subdivision and development regulations to ensure that they further housing policies and don't create unintended barriers. This is of particular importance for small lot and cottage housing developments. In order to facilitate small lot and cottage housing developments. it is particularly important to revise, as necessary, the subdivision and development regulations that govern their development. HP22 - Periodically review and update development regulations to incorporate opportunities for new housing types. Request #5 ~ A request by Steven Cranferd to The request does not comply with the following amend the Business Park (BP) Use Zone comprehensive plan vision for the BP zone: Chart to allow commercial day care facilities. The BP designation is intended to capture the demand for higher quality, mixed-use business parks which permit a mixture of light manufacturing, warehouse! distribution, office, and limited retail uses to serve the immediate needs in the area. It also does not comply with the following policy: LUP36 ~ Develop business parks thatfit into their surroundings by grouping similar industries in order to reduce or eliminate land use conflicts, allow sharing of nuhlir- fnr-;!itit>.<: nnrl ~'t>rvir-t><: nnrl imnrnvt> frnff;r- flnw Selection Process Staff Report November 14,2005 Amcndments to the Zoning Code Page 8 -.-" Request Response and safety. Request #6 ~ A request by the Federal Way The request does not comply with the following goal: Marketplace Investors to amend the sign code LUG I - Improve the appearance and function of the to allow properties eligible for a Freeway built environment. Profile Sign to have an off-site sign if they are When the City adopted the sign code, there was much unable to have an on-site sign due to unique public participation and a desire to balance public and physical conditions such as elevation or private needs. There was also the desire to discourage an critical areas (Exhibit F). excessive number of signs and to regulate the placement, removal, installation, maintenance, size, and location of signs. On the other hand, the City recognizes the needs of all businesses to identify their premises and advertise their products. Request #7 ~ City-initiated request to consider The request complies with the following statement in the increased maximum height for certain uses in comprehensive plan: the BN zone. The need to address expansion or intensification in the . Neighborhood Business zone may occur in the future depending on population growth. Request #8 - City-initiated request to consider The request complies with the following statement in increased maximum height for certain uses in comprehensive plan: the BC zone. Much of the highway oriented commercial space that was developed in the 1970s and 80s in response to rapid population growth have been starting to undergo redevelopment, and this trend will continue. It also complies with the following vision statement and goal: Redevelop and improve the quality of the mixed use development along Pacific Highway South from South 272nd Street to South 3561h Street (2000-2010). EDG3 - The City will help facilitate redevelopment of existing neighborhood commercial centers in the SR-99 corridor and the 336th area between West and East Campus. Request #9 ~ City-initiated request to consider The request complies with the following policy: amending the Community Design Guidelines LUP32 - Use Community Design Guidelines to to require buildings to be located adjacent to encourage commercial development to locate along rights-of-way in order to promote pedestrian street edge (where deemed appropriate) to provide connecti vity. pedestrian street access. Provide pedestrian access between developments and to transit stations. C. Criterion #3 Whether the proposed amendment meets the existing state and local laws, including the Growth Management Act (GMA). Selection Process Staff Report November 14, 2005 Amendments to the Zoning Code Page 9 Response to Criterion #3 All requests meet existing state and local laws, including the GMA. D. Criterion #4 In the case of text amendments, or other amendments to goals or policies, whether the request benefits the City as a whole versus a selected group. Response to. Criterion #4 Request Response Request #1 - A request by Smart Start Day Care to Approval of this code amendment would benefit a amend the sign code to allow day cares to advertise selected group, day care providers, as other available vacancies with banners at any time of the businesses such as apartments with vacancies or year. even employers with job vacancies would not benefit from the change. Request #2 - A request by Real Estate Agent Approval of this code amendment would benefit a Marylyn Gates on behalf of the Board of Realtors selected group, realtors; however, it would also to amend the sign code to reduce the 200 foot lineal benefit citizens who are looking for property to separation requirement for off-site real-estate purchase. directional signs to less than 200 feet when necessary in order to indicate a turn or change in direction of travel. Request #3 - A request by Wally Costello on behalf Approval of this code amendment, as recommended of the Quadrant Corporation to construct single- by staff in Section VIII, would benefit the City as a family units on small lots in a Multiple Family (RM whole as it would allow development of a limited 2400 ~ one unit per 2,400 square feet) zone. number ofprojects that demonstrate housing choices not currently available in the City's multifamily zones. Request #4 - A request by Stateside Investments to Approval of this code amendment would benefit the amend the zoning code in order to allow zero-lot City as a whole as it would provide additional home line development, which would allow townhouse ownership opportunities by providing fee-simple developments on individual lots. townhouse development. Request #5 - A request by Steven Cranferd to Approval of this code amendment would not benefit amend the Business Park (BP) Use Zone Chart to the City as a whole. The City has had no other allow commercial day care facilities. requests to allow stand-alone commercial day cares in the BP zone. As discussed in Section V of the staff report, day cares are already allowed as an accessory use to an allowable principal use in the BP zone. Request #6 - A request by the Federal Way By providing an opportunity for an off-site freeway Marketplace Investors to amend the sign code to commercial sign, approval of this code amendment allow properties eligible for a Freeway Profile Sign may benefit other eligible properties whose freeway to have an off-site sign if they are unable to have an profile sign is not visible from 1-5. nn_,,;tf' ,,; un rillf' tn Iln;mlf~ nhv,,;,,:;J I "nnriitinn" """I, Selection Process Staff Report November 14, 2005 Amendments to the Zoning Code Page 10 Request Response as elevation or critical areas. Request #7 ~ City-initiated request to consider Approval of this code amendment would benefit all increased maximum height for certain uses in the BN zoned properties throughout the City. BN zone. Request #8 ~ City~initiated request to consider Approval of this code amendment would benefit all increased maximum height for certain uses in the BC zoned properties throughout the City. BC zone. Request #9 - City-initiated request to consider Approval of this code amendment would benefit all amending the Community Design Guidelines to BN zoned properties throughout the City and also require buildings to be located adjacent to rights-of- the customers of business within the BN zones by way in order to promote pedestrian connectivity. improving and expanding pedestrian circulation in these areas. If the request meets the criteria set forth in subsections above, it shall be further evaluated according to the following criteria: E. Criterion #1 Whether the proposed amendment can be incorporated into planned or active projects. Response to Criterion #1 Ifthe City Council determines that any of these requests should be analyzed further, the proposed requests can be incorporated into the 2006 Planning Commission Work Program. This should not impact current projects on the department work program. F. Criterion #2 Amount of analysis necessary to reach a recommendation on the request. If a large-scale study is required, a request may have to be delayed until the following year due to workload, staffing levels, etc. Response to Criterion #2 These requests will not require large-scale studies. G. Criterion #3 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. Response to Criterion #3 In September 2003, the City received two requests for code amendments (Exhibits A and B). In September 2004, the City received a request for a comprehensive plan amendment and rezone from Office Park (OP) to Multiple Family (RM 2400 ~ one unit per 2,400 sq. ft.) in order to construct single- family units on 2,400 square-foot lots (Exhibit C). This would require a code amendment. In September 2005, four additional requests were received Selection Process Staff Report November 14, 2005 Amendments to the Zoning Code Page 11 (Exhibits D-F). H. Criterion #4 Order of requests received. Response to Criterion #4 The citizen~initiated requests were received in the following order: 1. A request by Real Estate Agent Marylyn Gates on behalf of the Board of Realtors to amend the sign code to reduce the 200 foot lineal separation requirement for off-site real-estate directional signs to less than 200 feet when necessary in order to indicate a turn or change in direction of travel. 2. A request by Smart Start Day Care to amend the sign code to allow day cares to advertise vacancies with banners at any time of the year. 3. A request by Wally Costello on behalf of the Quadrant Corporation to construct single family units on small lots in a Multiple Family (RM 2400 ~ one unit per 2,400 square feet) zone. 4. A request by Stateside Investments to amend the zoning code in order to allow zero-lot line development, which would allow townhouse developments on individual lots. 5. A request by Steven Cranferd to amend the Business Park (BP) Use Zone Chart to allow commercial day care facilities. 6. A request by Jeffrey Oliphant on behalf of the Federal Way Marketplace Investors to amend the sign code to allow properties eligible for a Freeway Profile Sign to have an off-site sign if they are unable to have an on.site sign due to unique physical conditions, such as elevation or critical areas. The City-initiated requests had been discussed earlier in the year. VII COUNCIL ACTION Pursuant to FWCC Section 22.523(d), based on its review of requests according to the criteria in Section VI of this staff report, the City Council shall determine which requests shall be further considered for adoption, and shall forward those requests to the Planning Commission for its review and recommendation. The Council's decision to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted, nor does it preclude later Council action to add an amendment for consideration. VIII STAFF RECOMMENDA nON A. Request #1 ~ A request by Smart Start Day Care to amend the sign codc to allow day cares to advertise available vacancies with banners at any time of the year. Stajj'Recommendatioll .- Staff recommends that this request not go further for consideration by the LUTC and Council. B. Request #2 ~ A request by Real Estate Agent Marylyn Gates on behalf ofthe Board of Realtors to amend the sign code to reduce the 200 foot lineal separation requirement for off- Selection Process Staff Report November 14,2005 Amendments to the Zoning Code Page 12 site realwestate directional signs to less than 200 feet when necessary in order to indicate a turn or change in direction of travel. StalfRecommendation: Staff recommends that this request go further for consideration by the LUTC and Council. C. Request #3 - A request by Wally Costello on behalf of the Quadrant Corporation to construct singlewfamily units on small lots in a Multiple Family (RM 2400 - one unit per 2,400 square feet) zone. Staff Recommendation Staff recommends that a process and criteria be adopted to allow innovative demonstration projects and establish a selection process for such projects. The purpose of the innovative demonstration program would be to allow development ofa limited number of projects that demonstrate housing choices not currently available in the City's multifamily zones. Criteria for approval may include but not be limited to: I. Development must be compatible with adjacent uses. 2. Allowable density shall be the same as the underlying density, but in no case less than the equivalent of 18 units per acre (minimum 2,400 square foot lot size). 3. Encourage a variety of housing design such as alley-loaded lots. 4. The development provides elements that contribute to a sense of community within the development by including elements such as front entry porches, common open space and pedestrian connectivity. 5. Provide increased open space to offset smaller housing lots. All open space to be provided on-site; no fee-in-lieu of open space. 6. Development may not occur on slopes of 15 percent or greater. Slopes are to be measured in their natural state. Process for approval is as follows: I. Request for consideration for designation as an innovative housing development shall be submitted as part of the yearly comprehensive plan amendment process if the site is not already zoned multifamily. 2. Ifthe site already has a multifamily designation, a request may be submitted at any time as part of an overlay zone approval process. 3. Approval for innovative housing designation is subject to a public hearing and notification of property owners within 300 feet. 4. Designation as an innovative housing project shall be based on approval of a conceptual site plan in a public hearing, either as part of the comprehensive plan amendment and rezone approval process or a request for an overlay zone approval. 5. Architectural renderings showing the footprint, orientation of buildings and driveways, elevation, design, and colors of dwelling units must accompany the request. D. Request #4 ~ A request by Stateside Investments to amend the zoning code in order to allow . zero-lot line development, which would allow townhouse developments on individual lots. Selection Process Staff Report November 14,2005 Amendments to the Zoning Code Page 13 Staff Recommendation: Staff recommends that this request go further for consideration by the LUTe and Council. E. Request #5 ~ A request by Steven Cranferd to amend the Business Park (BP) Use Zone Chart to allow commercial day care facilities. Staff Recommendation: Staff recommends that this request not go further for consideration by the LUTC and Council. However, staff recommends that amendments should be made to the City's commercial zones to meet the requirements of RCW 36.70A.450, which states that a city may not prohibit a home occupation day care in a residential dwelling, located in an area zoned for residential or commercial use, even thought the dwelling may be a nonconforming use in a commercial zone. F. Request #6 ~ A request by Jeffrey Oliphant on behalf ofthe Federal Way Marketplace Investors to amend the sign code to allow properties eligible for a Freeway Profile Sign to have an off-site sign if they are unable to have an on-site sign due to unique physical conditions such as elevation or critical areas. Staff Recommendation: Staff recommends that this request not go further for consideration by the LUTC and Council because it may set up a precedent to allow off-site signs for all business. G. Request #7 - City-initiated request to consider increased maximum height for certain uses in the BN zone. Staff Recommendation: Staff recommends that this request go further for consideration by the LUTC and Council. H. Request #8 ~ City-initiated request to consider increased maximum height for certain uses in the BC zone. Staff Recommendation: Staff recommends that this request go further for consideration by the LUTC and Council. I. Request #9 ~ City-initiated request to consider amending the Community Design Guidelines to require buildings to be located adjacent to rights-of-way in order to promote pedestrian connectivity. Staff Recommendation: Staff recommends that this request go further for consideration by the LUTC and Council. Selection Proccss Staff Report November 14,2005 Amcndmcnts to the Zoning Code Page 14 IX LAND USE/TRANSPORT A TION COMMITTEE RECOMMENDATION The LUTC forwards the recommendation to the full Council as follows: 1. Request by Smart Start Day Care to amend the sign code to allow day cares to advertise available vacancies with banners at any time of the year. a)_ That the request go forward for further consideration. b)_ That the request not go forward for further consideration. 2. Request by Real Estate Agent Marylyn Gates on behalf ofthe Board of Realtors to amend the sign code to reduce the 200 foot lineal separation requirement for off-site real-estate directional signs to less than 200 feet when necessary in order to indicate a turn or change in direction of travel. a) That the request go forward for further consideration. b)_ That the request not go forward for further consideration. 3. Request by Wally Costello on behalf of the Quadrant Corporation to construct single-family units on small lots in a Multiple Family (RM 2400 ~ one unit per 2,400 square feet) zone. a)_ That the request go forward for further consideration based on the staff recommendation that a process and criteria be adopted to allow innovative demonstration projects and establish a selection process for such projects. b)_ That the request not go forward for further consideration. Selection Process Staff Report November 14, 2005 Amendments to the Zoning Code Page 15 - 4. Request by Stateside Investments to amend the zoning code in order to allow zero-lot line development, which would allow townhouse developments on individual lots. a)_ That the request go forward for further consideration. b)_ That the request not go forward for further consideration. 5. Request by Steven Cranferd to amend the Business Park (BP) Use Zone Chart to allow commercial day care facilities. a)_ That the request go forward for further consideration. b)_ That the request not go forward for further consideration. 6. Request by Jeffrey Oliphant on behalf ofthe Federal Way Marketplace Investors to amend the sign code to allow properties eligible for a Freeway Profile Sign to have an off-site sign if they are unable to have an on-site sign due to unique physical conditions such as elevation or critical areas. a) That the request go forward for further consideration. b) That the request not go forward for further consideration. Jack Dovey, Chair Eric Faison, Member Selection Process Staff Report November 14,2005 Amendments to the Zoning Code Page 16 7. City-initiated request to consider increased maximum height for certain uses in the BN zone. a) That the request go forward for further consideration. b)_ That the request not go forward for further consideration. 8. City~initiated request to consider increased maximum height for certain uses in the BC zone. a)_ That the request go forward for further consideration. b)_ That the request not go forward for further consideration. 9. City-initiated request to consider amending the Community Design Guidelines to require buildings be located adjacent to rights-of-way in order to promote pedestrian connectivity. a) That the request go forward for further consideration. b) That the request not go forward for further consideration. Selection Process Staff Rcport November 14,2005 Amendments to the Zoning Code Page 17 X LIST OF EXHIBITS Exhibit A Request from Smart Start Day Care Exhibit B Request from Real Estate Agent Marylyn Gates on behalf of the Board of Realtors Exhibit C Request from Wally Costello on behalf of the Quadrant Corporation Exhibit D Request from Stateside Investments Exhibit E Request from Steven Cranferd Exhibit F Request from Jeffrey Oliphant on behalf of the Federal Way Marketplace Investors 1:\2006 Code Amendments\Selection Process\112105 Staff Report to LUTC/lI/l5/2005 II: 14 AM Selection Process Staff Report November 14, 2005 Amendments to the Zoning Code Page 18 EXHIBIT ~ PAGE-LOF -t- August 7, 2003. ,- '- ..~". '.',." ',~ Dear Derek, Please find herewith a copy of a letter that was generated for me by the Board of Realtors. When I went over the sign ordinance I found a small omission that made things rather. difficult for Realtors holding open houses. With the 200 lineal foot rule it precludes A board signs being used for a directional change within,that 200 feet. Apparently it is a fairly simple amendment and the attached letter I have given to Jack Dovey should cover it. -1 am sure it was just a drafting oversight and should be fairly easy to rectify. Please call me if you need any furthednformation~ Thallk you for your consideration of all this. Hope all is going well for you. "C (-) Windermere EXHIBIT -A Federal Way PAGE.-!Je..OF -+- TO: COUNCILMAN JACK DOVEY, FEDERAL WAY CITY COUNCIL. COPY: DEREK MATHISON, ASSISTANT CITY MANAGER.~ FROM~' MarylynJ. Gates Windermere Real Estate/South, Inc. 33405 6th Ave South Federal Way, W A 98003 RE: Proposed Sign Code Amendment to FWC 22.1599 (d) (2) (w) (1) DATE: August 6, 2003 Dear - . As you may know, l.am a REALTOR with Wil1dennere Real Estate in FederalW~y. We've recently moved into our new offices on 6th Avenue South. I'm writing to ask your assistance in cOIUlection with a very small, but important, technical change that is needed in connection with SectiOI.l:22,1599 (d) (2) (w) (1) oftneFederal Way sign code. Section 22.1599 (d}(2) (w) (1) deals with off-site Open House real estate signs, It.iequires that an agent or seller's QRen House Signs be separated~y at .least 2001ineal feet. IUtl4~rstand, appreciate and support the rlitionale behind the 200-'foot requirement. However, there isone"1cind of situation where the200-foot separation requirementis dysfunctional, andcbmmon sense indicatesasmallt~chnical correction is needecl:"J'm writing to ask that you implemeritsuch a changeexpeditiotisl)t: . ,." As you know, Open House Signs are used to directpotential buyers to homes that are for sale. Often, a potential buyer will need to turn their vehiCle to go in a different direction,-before . having traveled 200 feet. This situation.occurs-when the intersections are less than 200 feet apart, and whereatum is required before traveling a full 200 feet. If the agent or seller is not able to place a sign atthe intersection where the buyer needs to turn the vehicle, buyers will tend to get lost and may not fmd the home. That undesirable result is of significant import because: 1. The Seattle-King"Cou,nty Association of REALTORS (SKCAR) observed that the Real Estate Insider Report indicated that 75% of their survey respondents (real estate agents) identified signs as their most effective sales technique: National research studies Windennere Real Estate/South, Inc. 33405 6th Avenue South. Federal Way, W A 98003 . 253/838.8900 . Fax 253/838-8975 EXHIBIT_,A. PAGE-L-G~~: .,'t from 1991 demonstrate that 42% of all buyers used signs in locating the home they purchased. Even more important, however, 17% of all of the buyers found the home they purchased using ONL y the signs. 2. Those are national figures. The local data is also compelling. John L. Scott Real Estate, Inc. (the second largest residential brokerage firm in Washington State and one of the largest firms in the nation) engaged the services of Hebert Research (a well-known and highly regarded research company here in King County) to analyze the role of signs in the buying process. The Hebert Company's research revealed the following: In Western Washington, 50.5% of the buyers said that they found out about the open houses they visited using the real estate signs (as opposed to using newspapers, their agent, brochures, weekly reports, referral by friends or family, - ;;.'. ,'. '-:.,...."..... television~' or other means). ,~ It may also be worth noting that respondents who II... were 46-50 years old were significantly more likely to have fou,nd out about open houses by seeing sig~ when driving around... II 3. Manybuyers use the off-premises directional&ignsto search independently fora ..", home, and then contacta Rc;;aItor to represent them only after they have identified a . - . ' , , property in which,theYqaIeinterested. The off-premise-sIgns that direct them to the properties playa critica1ftmction in this dynamic. ...- . :t 4. There is one ollietgfOUP that makes extensive useo(the signs: First Time Buyers;, Buying their first home is a big, big, step for many families. This is especially true VVheI1 the average sales price in ~~.!lUJ King County is now well. ()ver $200,000. These I9nds'of prices can scare the daYIigh.ts:out of First Time Buyers.' Nl,:>t ,surprisingly, many First 'Time Buyers prefer to tiptoe gently into the raging t6rr~nt,ofgur current real estate,_~ market. By using the off.:.premise signs to locate homes that are for sale they can attenip,t to get a sense of the market at-their own pace, instead of being in the car with a Realtor., ,. In doing so they 'areabletoa\roid the potential to feel pre~s'Uted byreaI estateageritsW~O Understand that while they are driving around looking; home' prices may continue to ~sc;; significantly. '" , ,~ 5. Finally, it's importantto remember that theseOpenHouse Signs play a critically .. ". , . ~,'~, 11;;;": important role in the CitY's effortsto complywith the Federal Fair Housing mandates contained in the'1988 Federal Fair Housing Amendments to the Civil Rights Act of 1968: Real Estate signs allow any person, without regard to ra,ce, religion or national origin, to know that the home is being offered for sale. They serve, and reinforce, the,morally correct policy that our communities must be open to persons of all races, and that unlawful discrimination in housing opportunities is unacceptable. .' ~- Accordingly, even though this problem in FWC 22.1599 arises from a small technical "glitch" in the ordinance, it's important that the easy common sense correction be adopted because of the EXHIBIT --L- PAGE-!t-OF --!t- significant role Open House Signs play in real estate transactions, and in Fair Housing. It's also important because having a reasonable common sense sign code encourages voluntary compliance. The easy, common sense correction would be to allow an agent or seller to have his/her off-site Open House Signs within 200 feet of each other when necessary because turns are required at intersections that are less than 200 feet apart. To implement this common sense correction, we recommend adding language to Section 22.1599 (d) (2) (w) (1) so that it reads as follows: ..-- Section 22.1599 (d) (2)... w. Real estat<:: ~iggs. 1. Off.site. The number of off-site real estate signs shall be limited to six per property per agent; provided, however, that there shall be a . "","".",.- minimum'separatioIrr,f200.lineal feet between such signs, except that an agent or selleris open house signs may be placed closer than 200 lineal feet where doing so is ,necessary to indicate that a turn and change in the direction of vehicular travel is required for a potential buyer to continue proceeding towards the home that is offered for sale. The are/:!. of such signs shall be no greater than six square feet per signface.Alloff-site real.estate signsniust be removed each day at the conclusiori' of the open house or other sales event and are permitted only betWeen sunrise and sunset when the seller or the . agent are in attendance at the subject property. ..2...... -'-, If an agent ors~ller can't put. their Open House Sign at the intersection where Buyers need to turn, it's alittlebif like putting the Southboimd'I-5 exit signs for Federal Way somewhere North of Fife but SbuthofExit 142 (Hwy 18). Thank you inadvjlnce for your consideration of my request for what I hope you will agree is a : ' . . . , . small, but important, common sense correction to Section 22.1599 (d) (2) C'v) (1). Sincerely, WINDERMERE REAL ESTATE . ,-- ~. Marylyn Gates cc: Sam Pace, SKCAR Housing Specialist Ginger Downs, SKCAR Executive Officer David Crowell, SKCAR Director of Governmental and Public Affairs ~. MASTER LAND USE APPLICATION ~. RECE\VED DEPARTMENT 01<" COMMUNffY DEVELOPM~::NT SERVICES CITY OF ~JI\>:;iI" 33530 FIrst Way South Cederal Way SEP 302003 EXHIBIT · FederaIWaYWA.P.~~~;~~;~: rl ~-4000; Fax 253-661~4129 ClTY OF FEDERAL wAvPAGE-L-OF ~\\\VcltV(~!!""t<;ml\vaYcolll BUILDING DEPT. APPLICATION No(s) 0 Z, -lo4Q t:f-q - DO _ Date~}OIt? ~ projectNameBA\ ~~;~~~~~~. u~~ ?C:(Dj Property Add....,lLocat;on mz--,,< ~~~~ 'r _ , · (ZJ. ~ I IA)A ~ - Parcel Number(s) ~ 21Qg -10 lJ Project Description ~(lMe_<. S'r1t)\i)~ 'oP.,. m\ou.:eA -to :yu..t Ll~ ~V\FfS W\\eX\ -rn~~ \\o-oc. S~-e<; o.ili\\o.He.):5o..w1e D0 ~ PLEASE PRINT ct.Qaf--\mW CoM Q \e..->,e . Type of Permit Required A r Annexation pp leant - Binding Sit~ Plan _ Name: 5 <<\a.. ( -\ 5-\-0..-( t ._ Boundary Lme Adjustment Addr '7 q t1. () ~~fE... _ Comp PlanJRemne .ess: '-' -12--"'b \'l:l~. \-h..0L\' "S. _Land,Sur~aceModification C~~/State: ~edt(<l..\ 0)Q~1 t'Df\ Lot Lme Ehmmation ZIp. l1"3t::Q?) = PreappIication Conference Phone: (2-63) ""&39 "l..fq CO _ Process I (Director=s Approval) Fax: L -v6 2>') qt.j (p ~ q3"8 '-/ _ Process II (Site Plan Rcview) E~il: 5 YVl.lLvfS.h,,(-td-a.. t.a..ce t:B (v\S l'0 .l!-t:>M _ Process III (Project Approval) Stgnatm : J? IJ _ Process IV (Hearing Examincr's Decision),J... - ~. -- Process V (Quasi-Judicial Rezone) $ Process VI _ SEP A wlProject Name: _SEPAOnly Address: Sc:e. _ Shoreline: Variance/Conditional Use City/State: _ Short Subdivision ZiP. : {\ ~ Suh?ivision . _ , Phone: \"1 \C::X:)V€- _ Vanance: CommerClalJRcsldentlal Fax: Email: Required Information Signature: ~C Zoning Designation Owner Q, C- . Comprehensive Plan Designation Name: 'S~ ---- Value of Existing Improvements ~ess: ..___-- City/State: Value of Proposed Improvements Zip: Uniforn> ~ Code (UBC) :::~ Occupancy Type Email: ~ . Construction Type Signature: ~ DEPARTMENT m' COMMlINITY DEVELOPIIIKNT SERHCES :n530 Fin.1 Way South CITY OF ~~ PO Box 9718 F'ederal Way W A 98063.9718 Federal Way 253-661"4000~ Fax 253-661-4L29 ~'~~Y_\:\,_<;_IJI~)H~q~mh\}ly ":9111 EXHIBIT ---8- PAGE-LOF ~ APPLICATION FOR AMENDMENT TO THE DEVELOPMENT REGULATIONS l. Requests for Amendments to thc Development Regulations a) Who may apply. Any interested person may apply for an amcndmcnt to the development regulations_ b) How to app(v. The applicant shall file a completed Master Land Use application with the Department of Conununity Development Services. c) Proposed Amendment. A proposed amendment can be eithcr conceptual or specific amendatory language. Please be as specific as possible so that your proposal can be adequately considered. If specific wording changes arc proposed, this should be shown in strikeoutlunderlinc format (please attach additional pages if necessary). ~ r~' ~~\~ ~ e'k~~\1.: ~ ~~~ . Sec..-Zl.. - \fliq . ~ ~ I D -th -0 d ~~ R. . 06\Jec\-t':f>; ~~<) ~ \a.'D\f_) SQM~ <AS ~tl-hv\em<) ~.f._.. 0. \ \ouJfA.-\o Mve ( ~u..__:J_~c...~.___J ,,<; "~ llinn.efS" d) Reference. Pleasc reference the code section of the development regulation and page number where located. ~D'(\\n5 St'~. -Z~- \fff1 Ve.{ ('(\ ~-~~ (f)j 2. SUPPORT FOR THE AMENDMENT (Please fill out for all amendments) Please cxplain the need for the amendment (why is it being proposed). Include any data, rcscarch, or reasoning that supports the proposed amendment (please attach additional pages if necessary). 9\~~ 5ef.~ oth~.-tl\('(V (\+ ~~- ~.'.~~~,~~._. ~-~----.------.--~-.- ~~~"y~,.~ ""~~"- ._.~, .._-"",~"."-~-,~--~,-~",~""-",,,,...,-., "" Bulletin 11-027 June 30, 2003 Page 1 of2 k:\Handouts - Rcviscd\Dcv Regs Amendment Application EXHIBIT 8 PAGE S_OF ~ 3. .. 7/L\ l1Z<K <V(~~'C- \\W~, s' rd~(a\ ~I wl:L3~oQ3 Address [253) ~~q-LfqDO Telephone No. If you have any questions about filling out this application fonn or the amendment process, please call the Department of Community Development Services at 253-661-4115. Please be advised that an application for a development regulations amendment lacking the required information will not be accepted. - Bulletin #027 - June 3D. 2003 PaRt: 2 of2 k:\Handouts - Reviscd\Dev Regs Amendment AllPlication .-....---------------- EXHIBIT 8 PAGE-4--0F ~ We are asking for an extension on our banners, to leave them up as long as possible. We are also requesting you put daycares into a different category for banners. We believe we come into a totally different category than stores (we are not retail) and we propose that daycares be able to leave up banners for enrollment, year round, or when they have spaces available. Daycares are more like apartment complexes than stores. We rent out spaces for children to be cared for, in much the same way real estate works. We need to be able to let parents know when we have spaces available. Several daycares in Federal Way have had to close down or down size class rooms and staff, because they have had no way ofletting the public know they have childcare openings. Also, our center provides daycare at night and on Saturdays, a unique service for the community. We have no way oftelling parents if we can not use banners. Being a non-profit center, similar to churches, we don't have any extra money to put a sign on the building. We also would like to be able to put the banners on the fence for visibility. They look much better and more professional on the fence. Please help keep us open. EXHIBIT~ ~ PAGE---LOF -A- OEPARTMF.NT OF COMMUNITY Dr,vU.OPMENT SF.~V.CES ~~~~ ~ 33325 glh Avenue South CITY OF 'j""'''' ~II"""'" PO BOx 9718 Federal Way Foderal Way WA 98063.9718 253.835-2607; Fax 253-835-2609 www,eltY_9(fl;deralwaY.cOt11 APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT 1. Site Specific Requests a) Who may app~v. Any person may, persona,By or through an agent, apply for a decision regarding property he or she owmi. b) How to app{~'. The applicant shall file the following info~matjon with the Department of Community Development Services: 1 ) A completed Master Land Use Application. 2) A vicinity map showing the s~bject property with enough information to locate the property within the larger area. 3) A copy of the underlying plat or the King County ARsessor's parcel map. 4) The following site data: a) Tax Parcel No. b) Lot Size/Acreage RECEIVED c) Existing Comprehensive Plan Designation d) Existing Zon ing SEP 3 " ?nr:f e) R.equested Comprehensive Plan Designation CITY OF FEDEf-1AL WAY f) Requested Zoning BUILDING DEPT 5) Services. Please provide the following infonnation regardil.1g the availability of services: a) The site fs currently served by Sewer _X..J~eptic ._._ (check one). Sewer Provider: -Lakeha.vP'n b) The site is currently ~erved by a public water system !lweI! _ (check one). Wat~r Provfder: Lakehaven c) Fire District#: -,- d) School Oistrict#: "Federal Way 6) Any additional illformatioll or material that the Director of Community Development Services determ ines is reasonably necessary for a decision On the matter. Bulletin #024 - August 18, 200d Page I of 3 k:\I1nndouts\Comp Plan Amendment Applicliltion EXHIBIT J: PAGE~OF -3- 7) Prior to issuance of the threshold determination and the public hearing by the Planning Commission, the applicant must submit the following: a) A set of stamped envelopes, and a list of the same, labeled with the name and address of all current owners of real property (as shown in the records of the county assessor for the subject property), within 300 feet of each boundary of the subject property, with the return address of the City of Federal Way, Department of Community Development Services, PO Box 9718, Federal Way, W A 98063. b) A copy of the county assessor;:s map identifying the properties specified in subsection 6 of this section. 2. OTHER REQUESTS FOR COMPREHENSIVE PLAN AMENDMENTS a) Who may apply. Any person may, personally or through an agent, apply for an amendment to policies of the comprehensive plan, b) How to apply. The applicant shall file a completed Master Land Use application with the Department of Community Development Services. c) Proposed Amendment. A proposed amendment can be either conceptual or specific amendatory language. Please be as specific as possible so that your proposal can be adequately considered. If specific wording changes are proposed, this should be shown in 5tfi-ke- ootIunderline format (please attach additional pages if necessary). Request to amend the Office-OP designation_in thi> (;omprphpndvp Plan to Multi-family (RM2400} with an aDD roved develo~mpnt .~-- agreement. - - d) Reference. Please reference the Element of the Comprehensive Plan (e.g., Land Use, Transportation, Housing, Capital Facilities) and page number where located. Pages 2-18 of the Comprehensive Plan - Multi-family 3. SUPPORT .'OR THE AMENDMENT (Please fill out for all amendments, whether site specific or otherwise) Please explain the need for the amendment (why is it being proposed). Include any data, research, or reasoning that supports the proposed amendment (please attach additional pages if necessary). ., Encourage a variety o~__ housing types to serve all residents of Federal Way and provide a use better suited for transitioning from thp OP 70ue south of 320th and the residentiRl lI!';P!'; norrh of the TH"opprty. Bulletin #024 - August 18,2004 Page 2 of3 k:\Handouts\Comp Plan Amendment Applieation EXHIBIT c:. L PAGE ~OF 4. FEE There is no fee for the initial application. If after a public hearing the City Council determines that the request shall be further considered for adoption, site-specific requests must be submitted for a preapplication conference with a non-refundable fee that will be credited to the fonna! application fee. If after the preapplleation conference the applicant decides to pursue the request. the remaining portion of the comprehensive plan amendment fee will be required. A fee must be submitted for all other requests after the selection process. S. SIGNA l'URE ?t/~~ '1- ?O-O'f Signature . Date Wa-/'l Ce>sfe/Iu- Print Name If you have any questions about filling out this application form or thc amendment process, please contact the Department of Community Development Services at 253.661.4115. Please be advised that an application for a comprehensive plan amendment lacking the required information wl1l not be accepted. RECE'VED SEP 3 n7Df14 lTY OF FEDERAL WAY C BUILDING DEPT- Bulletin #024 - Augum 18.2004 Page 3 of3 k;\Handouts\Comp Plan Amendment ApplicatiQR EXHIBIT C. PAGE-!f-OF -3- ATTACHMENT TO APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT Applicant: The Quadrant Corporation Date: September 30,2004 Tax Parcel: 551560-0005,551560-0010, 551560-0015, 55l560~0020, 551560-0026,551560-0025,551560-0030,551.560-0037, 551560-0035,551560-0091, aJ:ld 551560-0090 Acreage: Approximately 20 acres Existing Compo Plan .Oesignation: Office Park OP Existing Zoning: Office Park OP Requested Comp Plan. Design.ation: Multifamily with an approved development agreement. Requested Zoning: Multifamily RECE\VeO SE.P 3 " 7rd'l: Of fEDERAL wA'< C\i~U\LD\NG OEPl - Pri.n,t, Map Page EXHIBIT G. Page 1 of 1 PAGE-LOF -S- @ King County ~'--1Im!I!IlII Comments ... -.., Parcel Map and Data . ..... :1Uf.,..i~.:;~:';: 002:1 "..~ I", ,J', ..' .' .. ... ....:: :;.:"::.1 .: :t: "'l::::"" "1 ri6OOO9O . .. I"',, ". . ... .- -. I~''''~ \.:,":t:! M1Yoo~no !&1Yl:lOO1~ M1S&lOO2O ~'56Q0030 M'~7 ., A.S20:r.I:1.AT. \Lj I ~ ~: 1 ~1S4S50150 / .......... I ( ,&2.1OCIOC)5 :$'k- --, ~ ~'54GM030 f$2164~n (~~~.!l~I1.$~~YllMI o ,3,'l.ft RECE\VED SEP 3 () 7~1\l\ F FEDERAL WAY CIT~~\LD\NG DEPT. http://www5.mctrokc.gov/parcelviewerlPrint_Process.asp 11/21/2003 EXHIBIT ]) aTY~ ~ PAGE LO~LAND USE APPLICATION IVE D DEPARTMENT OF COMMUNITY DEVEWPMENT SERVICES RECE 33325 8th Avenue South PO Box 9718 Federa,1 Way SEP 2 7 2005 Federal WayWA 98063-9718 253-835-2607; Fax 253-835-2609 CITY OF FEDERAL WAY www.citvoffederalwav.eom BUILDING DEPT. [05 -103& 11rw;,S<kv) APPLICATION No(s) 05 -104-Q-:tl--- DO Date :=S~:,:~+ z-s.... c..oo ~ Project Name ZeAL) LQ+Li~~. C-:r~)~ ~tOVld~.;-/- Property Address/Location Parcel Number(s) Project Description CoJp ~AAdu"A-t+ fr, a lIoLJ tI II ;1--/' W o L.;; , 1V'l @ s:.. ) . h/ I:S/ r-J<A ) c-L' a-tkdFd G/'Vl~-E--t\.IM'I~ l, n~(O<'1 (-hsw~ 1-(JlN\~~ . PLEASE PRINT Type of Permit Required Applicant Annexation _ Binding Site Plan Name: ~ld~V\ves;t...,e~ LLc _ Boundary Line Adjustment _ Comp PlanlRezone A~dress: 3.~ Ave' W. I Land Surface Modification CIty/State: - e J \/.../ A .- Zip: qSI q<f Lot Line Elimination _ Preapplication Conference Phone: l."ZbL.) 57<1-a:::> S5 _ Process I (Director=s Approval) Fax: ("fOb) Z.S If- - 6/:::A9 _ Process IT (Site Plan Review) &>ail: t-~"-o(.co.. _ Process ill (project Approval) SIgnature: _ Process IV (Hearing Examiner's Decision) _ Process V (Quasi-Judicial Rezone) Agent (if different than Applicant) X Process VI Name: S~Sld'e'.. ~~OA-b;, L-LC _ SEP A wlProject _ SEPA Only Address: 3b I' 7...q Ave.. W. -I - Shoreline: Variance/Conditional Use City/State: Se.:f.iH e wA ~ - Short Subdivision Zip: CjBICfq --' - Subdivision Phone: fb06) ~77-008S - Variance: CommerciaIlResidential Fax: L2~ z<gq - bDCfq . &>ail: ~~QOI.~~ Required Information SIgnature: { . Owner . Zoning Designation Name: Co.~ Gc.+eway ~l~ Comprehensive Plan Designation Address: (o2.b lSelle\lt.\e \1Ja.y SF Value of Existing hnprovements City/State: B eU -ev' u. e I W A Value"OfProposed Improvements Zip: q Sex::> If Phone: ~ ~ 4-55- 4-77 2- International Building Code (IDe): Fax: & ~5) If-53-Z7bZ. Occupancy Type &>ail: ~"J1<<,0 Vlwl,~ /:; ,La,.., Signature/ V ./ rrf--- Construction Type ~ Bulletin #003 - August 18, 2004 Page I ofl k:\Handouts\Master Land Use Application EXHIBIT -A- PAGE~OF L..... DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th A venue South PO Box 9718 Federal Way WA 98063-9718 253-835-2607; Fax 253.835.2609 SEP 2 7 2005 www.citvoffederalwav.com CITY OF FEDERAL WAY BUILDING DEPT. APPLICATION FOR AMENDMENT TO THE DEVELOPMENT REGULATIONS 1. Requests for Amendments to the Development Regulations a) Who may apply. Any interested person may apply for an amendment to the development regulations. b) How to apply. The applicant shall file a completed Master Land Use application with the Department of Community Development Services. c) Proposed Amendment. A proposed amendment can be either conceptual or specific amendatory language. Please be as specific as possible so that your proposal can be adequately considered. If specific wording changes are proposed, this should be shown in stribout/underline format (please attach additional pages if necessary). ~~s~~~ ~~Iow '0" ~('~~lVIS~ ~.~t '~.~ "'.r h~~,-, w <); d) Reference. Please reference the code section of the development regulation and page number where located. ReJ\lla-no.-, Z2-U~ PCo3~ 21--/2/ Bulletin #027 - May 7, 200 I Page I of2 k:\Handouts - Revised\Dev Regs Amendment Application EXHIBIT~ PAGE-LOF 2. SUPPORT FOR THE AMENDMENT (Please fill out for all amendments) Please explain the need for the amendment (why is it being proposed). Include any data, research, or reasoning that supports the proposed amendment (please attach additional pages if necessary). \, Lrlf"""104<::@ 1Lp I,l:e.l. W ~ ('jLAY1c2r- cx::r:upal.1c-YJ' L' N~;j~: hj~C ~:d- o-\) ptodua--l,clall~lI/Rv~~ce c~Q-)a4iJ 4Jd-l: ~k"'l/ "'" Ass=<q-h=s. . ~ ~e V"E'S I devt 0c;> - ; 3. ~) ~pt-. 2-5 zeos- Signatu J Date \) 6~ '~+-eo Print Name ~ll -+-t.~ W~+- ~if-/-e WA CJglqCj zq 81i.€ Address / ~b ') S7or-~P;PS Telep one No. If you have any questions about filling out this application form or the amendment process, please contact the Department of Community Development Services at 253-661-4115. Please be advised that an application for a development regulations amendment lacking the required information will not be accepted. Bulletin #027 - May 7, 2001 Page 2 of2 k:\Handouts - Revised\Dev Regs Amendment Application . . EXHIBIT )) ,- ~ PAGE--'f-OF --L- o ~ ~ 0 - ~ v g ~o ..-.;, bll . CIl .... ~ '0 c t'- (1:3 0" .... l+-o ~ ~ cu If.... v 4). """' .0 ~ t:l.. ~ ~.... ~ 0 ~ . i:i a..t 5 ~ V"8 0" S -e e C1I b Q. g ff ~ .= ~ :3 B.a.>ol 'i p >> ~ 0" ~ r!. ~ < \C s.a:g.~ ;> go fij 5 CI> Q ~ . @ (1:3 'S e b '7 .~ VJ . ~;9 ~ CI> 8 ~ ~ ~ ~ tf ~ s l "~oo g- ~ ;E ~ - ~. oS z !v N ~:s ~ (;;. }3 Cl"S.l3 "~...... ~ ~ (I:3:B CIl.a ~ .;,S ~ <0> .5 ~ C'-l ~ -"$. (1:3 5-eOl:;g( l) 000"' '"';'. [J"" , tQ>~ 't .s a ~S~i~ ~~" e e .p.,::::~~1 ! [~~.~ ~ ~~ ~ ] 1 ~ oQ gv >. :3;';~';'il5$tt bv v- _ Cl",o.-O....b"" 'I S~ "t'J ~.~ € -a e. .~ ~ on q II II II .s a.~ ~.g;>.~ l! .~ fa ~ ..!l .;l \0 ,!Q ~ S ~ 1)(1 cOz f. v .... p., 0 .., '" "'! <'l q .... (1:3 1:.... g >< ...." cu 1.= ';:l -.::t.~ ... ~ r"l ~ CI> (1:3 cu .....-.... 0\ .... '" r.2 p., CI> v ~ '" N.ts O. ~ ci ~ == ~b.~~g.::E:2~~fQgafQ~~8SR~~] ~l~.g~'";''''O<Il. Z 0 ~ I N't'Jasa~:!ol~~~~~:a~~~~~~ r~laBS~.~5] o-E ~ 0 ! '" .....l=l.<Ill-LlvtQ>c..>... tll r"l <Il bO S; ~ ~ ~ ~ I 0 ..... . ...... '.Q l=l. ~ I (IS ~ v v.... <:;t - p., ~ .a m. ~ e g> '" . N 't:l :3 .." e 'S:;;'; 8 JJ: E-< if :a a c-. v ~ .9. ~<Il ~p.CIl ] ~ I g =~ . .ovoos S; uu~ .....o~ s:l tI:l I2P _El ".Q . U 1:Iil....:l .E E C'l .;:l ~ ~ ~ Z :5 z 0 '" .!!!' ~ C'-l o ~ rs v ~ O~ ~ ~<Il ~ ~ I:C .... _ 1! U f!oOl..~ e ~ ..... v 0 c r"l <2 .~ ";;I o VJ~.s" t::: ~ t""l N >;Jo ~ "" II) 0'1 ~... :0 e "'0 BE 0 f;l....:l~ r.2 008 ~ '-' ffi 8 )Jl <:;t a; is '8 . g 1 '"! 0 ~ ~ . .g" 1. ~ i:J ..... f!:l >< N . [I) ~"'" ..2 ,-0 4:: 0 I-<.g e ~i 0" ~ r-- ~ " .. "Ef'" C'l __ "'~l'{' C'-l "i.'~ ~ e ~. ti ~ g.;:l ~.~ ~ ~ ~ CC I "::l os.2: Cl) ~ ;::t e .... o .... . ~... e ~g.. g- o- 0;9 U ~ Jl ..Cl o~ & .s Z 1I).s p., tl ~ l() <IJ "'0 -d ~.S,;; .,:l C,) ~ 5"'0'0 ~ @ g .~~. ]~ ~ lq i C1I z .g ~ ~ ~ 8 ~ E~ J; fa r.:: Cl) ~ I . _ M ~ N~U . ~ ..... ro".g .....:: '"0 ,s:J l;/l ~ N a ;> Q) o.8:;j Z ~ I :3 ........" c.. ~ Q...I:: 0 Q) ....... bll "C\C III on~... ~ "tij "'<t . s fa l() e t:!-ll '" E-o 00 If :::l ~o"_io N"".~ -< ~ C'-l Q) S N t--- _I \0 ..",.J ::s ~ C'-l ~ N~"'<t"<t .600 ~ ~ 00 "tI ::::" INN N ~ j..c:l. .S ~ l::' El "0 "_NNN o.:l = 0 's 1l ':::~ I I I 0'I..,g (,) Q ~ <Il<"'(-\C- ''0 '" N _ 3N\CClO('<') zt'-"'" 8 " oC'-l('f)~"<t".U ~ . ~ J-< tQ> N N N "E ~.... ~ l;/l "'- '5 .Jl "'~NNN 8 I'll ;:> y ~ "~ CI> ~ ~ j EXHIBIT )) PAGE ,5 OF L- ~ ~ ~ 0 ~ 0 o ~ ~ ~ ..... -E "' 0 ~ Q'~ s< 5..., I g Itl :a 13 .. Itl - .~ if a 0'1 tf 1 1;; ~ 1;; .., 11;; ~ ~.~ ~ ."' 'a~ ~ I i .s ~ ~ >>'~ ~ ~ 1 l!!; ~ '2' ~ '0 p.. ..., @ Ei e '.(;1 1! ... .&> m i! e "'" - ;; .~ .~ .~ m..2 e is " "' ... ft llfI 8. I' 8. t' 8. ~ 8. ~ g:( 1! oi .1 "51.8 ~ e 11 -g .6 .~ ] ~ I i ~.~ i '0 ~ ~ ~ ~ ~ !i'[ 8 Q) fl fl 8" ~ .. t: ool 1;;... 0 Ei i'~ 5;:: .. e ]I ..!! ~ -I!f ... il ~ ... il .:: ~ ~ i! ~ a 't> 8.0 J ; lfI a e iil .~ 6:.8 e:E " 8 - .. on ~ -= 'S 1! :g .g ..., 's 8 'i' " '3 " ] e- ~ -Ii 'Q, ~ ~". (\l .... '0 '0... '0 EmS;: " t !.., II 1;; I) 0 ~ " 1;; 0 0 0.= ,s .&> -E"' i ......!'l ... ._!oJ ... ..2 - - - - .... - 0 '.g R -" "' <>o't> B <=,e Ei 11 01 e Ei e~.g m ...." '-" . <= e 11; . ... "'il 't>... I " '- " .... " .... " .. il" il <= '- - .- '6 .:;1 e "".. 0 ~ 0 <= ..:!l1l....., a 0 0 'a l-~ l-~ l-~ 'S~ >>~.ti g.r~~1!.ti~~i'~ ;:! ;:!1-1i e .6 ~ .6 ~ g ~'i~.~ 'i~~ r .~ .g 1 ~ go J go ~ go ~.i ~ g.] l~ r~ .; ~ ] ~ ~] ~ ~ i 11 6: ~ i ~ 1-f tl ; s ~ ~ -t.!! ] ~ @ t :;!...g ;Jog "~ 8."',s].<=",g. lIe"i~g-.s i .~ 'li..c~g'ilj2 ~..., 'il~:.(;IX~Ei ""c€Jlg;! 0 ~ ~J~~ ,~~ I~ .!il~!i;l~~~~'o~~ i ~ gJ~i~'o~ 'ojt~~'i~l~g.tl8~ ~ l :~~~~'~~J!'~:~'~~~ .~a~~.sflg~.g>i~l:~:~ 'S,s~ili~-~"i-1i[~.8i~a[~m1f'~; b ~ .. 'a! .. => II "". s;: ., .. 0 _ S " lil a - 0 <>0", ..!II''' 0 ,,2 0 rn ~'': ~.<=!~.<=!~,<=.~: ...l'o 11 ~ :].a] l!.B ~ ~ !: ~ ~ ~ ~ 6"E c~ l~ ':: 3!.6'.rJ ~..8 J! [:: 'e ::'2' e-"i ~ a ...;'~.E! 1I],Ei1l]..:l ~ ~!5 ~ fj ~"'il'g. e ~ 'a! :a 'g." z..!! ~,g!-< .!-< . F< &1'f i'~ F< e!51! Itl ~ !~ ~ ~~ -< ~ ~~.e 15 ~ oJ ~.g,.; 8.g .; ~ t ri i' 8'S.8 " e 6 '0 ~ e U r<i.6 oS oS oJ <l::l,.; <l::l .; <i 8...9..., ool "8 "'il,.; 11:?(.,.; e.:l '" .. '" IL.o,s 0' iil ~ i ~ ~ g>'" ..11 ~ t.l!. =,s..!! It..e..cll:.= e--. tl,,_!illl _"11!ll "E :~111~1~~.g'~ ~ . . u 11 N \0 I.l:: .oo<l:l > ..15 <of .0 ";'<t~ u ~5"';&i "~5~,, 005ij ~ .M N ::i!1 . or " ::1'", '.l:::i!1 or " <>0",'';:: . <>O.5'.rJ u:'= g ~ ~~82U~t~82G~t<l::lG~t~]~8 ro ,Ei:a2..1o.iS"il,Ei2'il:<J>"il:i':i:;.iS"'il..e-b!ltl,l i3: "E ~ .~ ~ s~s~~ ] l:INeN.....U t.H ~\O~"'"...<= ~ .(5 r<i g ri i 2 CIJ l ~ ~ l' Itl .~ & ~~~ 0 ~ ~iltl ~ ..." ~--;;(L ~ "'( N o . N <l:l ~ \ g ~ ~ ~ ! { ~~:~ i- ~ :n 1.. -i~ -1l.~i ~ ..g ~ ~i ~ II B ~! ~ v j ~ ~ ~ ~ 0'1 ~ ~ ~ I ~ N ~ N "E 00 . ~ ~ ..... ~ ~ "' ~ \0 .. bD I 0 ~. N 11 0 N ..c . ~ !illl 0 00 .g 'S ~ .~ "E" ~ ~ o .,.- ~ N ~l ~ (".f ..( -c ~ N ~ Q .. ~ ~ ~ ~ Sep 27 2005 8:43AM WILLIANSON#LAW#OFFICE 2062920313 p.1 EXHIBIT .J) "" WILUAMSON LAW OFFICE PAGE-'-Of~ September 27,2005 Transmitted Qy Fax (253) 835-2609 &: Replar Mail Greg Fewins, Deputy Director Jim Harris, Senior Planner Margaret Clark, Senior Planner Community Development Services Department City of Federal Way 33325 Sill Avenue South P.O. Box 9718 Federal Way, WA 98063-9718 Re: CORRECTED LEITER - Kitts ComerlFederaJ Way ViUage - Plaeement OB Zoning Regulation Agenda for Federal Way City COUDell Meetfngs In 2005 (TownhomelZero Lot Line Regulations Implementing Zoning & Subdivision Code Chmiel to Support Attached SiDI(Ie-FamJly Lots in Multi-Family Zoning Districts) Dear Greg, Margaret & Jim: Thi$ letter is intended to correct and supersede the earlier letJer forwarded to your office dated September 16, 2005. Thaok you again for taking the time with myself and with Jon Potter in discussing the options for developing the Federal Way Village Property in our efforts to implement the Council's intent under Ordinance 05-490. In lieu of docketing a comprehensive land use amendment andltext amendment, we understand that you will be recommending a priority assignment to existing regulatory changes being considered by the Council for later this Fall in the 2005 Calendar Year. The issue is the adequacy of zoning regulations needed. to consider plat applications to permit toWDhome (zero lot line) [or creating attached single-family lots in Multi-Family (l{M -2400) Zoning Districts. As we indicated. both Jon PoUer and I are prepared to appear before any Land Use and Transportation Comnrittee meetings or hearings before the City Council to discuss the benefits of zero lot line development allowing attached dwelling units on single-family lots. Single-family owne:nllip is a vastly preferred and superior o\vnership method recognized in multiple jurisdictions as in-fill becomes realized. As you are aware. these prefcm:d ownership concepts are already recognized by the Council in its recent amendments to the City's Comprehensive Plan approved in Ordinance No. 05.492. I recall you indicated that this would occur no later than the month of November 2005. Bank of America Tower A 701 FIfth Avenue, Suite 5500 ... P.O Box 99821 . Sea'ltle, Washington 98139-0821 Office: 206.292.0411 ... Fax: 206.292.Q313 .. eFax: 208.567.1994 wllllamsonb@man,com Sep 27 2005 8:43AM ~ILLIAHSON#LAW#OFFICE 20S2920313 p.2 EXHIBIT -L---- CORRECTED Fcwins Letter to Deputy Director Fewins PAGE.-!-OF -1-,., Re: Federal Way Village ~ RM 2400 Zone Legislation - Scp1emOer 27.2005 Page 2 As we understand this process, Staff's presentation ofproposed zero. lot line text will be expedited and prioritized. During this period, Jon's development entity can undertake development stops in parallel with the Council '8 consideration of tho regulation changes proposed by Staff for zero lot line development regulations under the City's zoning and subdivision codes. As we discussed, this will include a buildingpcnnit application, a Master Plan application, and project level SEP A Checklist. With the proj ect proposal application running concwrently, the time required to constructrcsidcntial units will be greatly expedited, and should fit nicely with the timeframes required fur the Council's zoning oode and subdivision code amendments. We u.ildcrstand that prior to approval of these changes, the applicant would be permitted to file a plat application to create lots "With zero.lot lines for attached singte.family dwellings for the RM-2400 zone using the SEPA documents filed \\oith the Master Plan application above, As we understand this process, should the amendments still be pendtngftnal approval by the City Council, substantive and technical review (lIthe plat application would nevertheless proceed by your office up to the point of official notices and public hearilW before the City '8 Hearing Examiner. Followingadoption a/the text amendments, notices could then issue, and a public hearing scheduled befare the Examiner for the plat. We are f;:onfident that the City Council and the Land Use and Transportation Committee will fully support these amendments for higher density multi-family zones. as the ml\iority of municipal jurisdictions have recently implemented. Again, we wish to thank. you for the courtesies you have extended to my office and to Ion Potter in wotting through these issues. Sincerely, IW Bill H. Wi enclosures cc: Jon Potter Amy Pearsall, Esq., Asst City Attorney Kathy McClung, Director Community Development Services Department Potla'iFederalWI.)'.Fe\\msJ..etter.li9260S. "I'd I aTYOF ~ RECEIVED MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES SEP 2 7 2005 33325 8th Avenue South ~XHIBIT.i PO Box 9718 Federal Way CITY OF FEDERAL WA "ooeral WayWA 98063-9718 BUILDING DEPT, PAGE-LOF ~35-2607;Fax253-835-2609 www.citvoffederalwav,com APPLICATION No(s) 05 - /oC;Cf7-8 -e;o- Ur' Date tJ ffi;zk Project Name C IIILkt?V2E //l/ 1!?<<~//UE.s:> /~I< 2o~ Property AddresslLocation (gee fLlhel1ec1) Parcel~umber~) Project Description PLEASE PRINT Type of Permit Required Applicant Annexation Name: S~veV\' f/ Cn?rl~/ _ Binding Site Plan _ Boundary Line Adjustment Address: ;$TY;Z: 3jS'/- /VI". S"ce.J. _ Comp PlanlRezone C~ty/State: R 'eh:t t:...h.y tJO r - Land Surface Modification Lot Line Elimination Zip: 9PC?:2? _ Preapplication Conference Phone: A.Q-;:2? S-- GCV7 _ Process I (Director=-s Approval) Fax:~ _ Process II (Site Plan Review) Email: . 7~tY{ .sb- IF ~ Ca s-Y.. Ylet--. ") _ Process III (project Approval) Signa~~ _ Process IV (Hearing Examiner's Decision) _ Process V (Quasi-Judicial Rezone) Agent (if different than Applicant) , Process VI _ SEP A wlProject Name: _ SEPA Only Address: - Shoreline: Variance/Conditional Use City/State: - Short Subdivision Zip: - Subdivision Phone: - Variance: ConunerciallResidential Fax: Email: Signature: Required Information Own.er Zoning Designation Comprehensive Plan Designation Name: Address: Value of Existing Improvements City/State: Value of Proposed Improvements Zip: Phone: International Building Code (me): Fax: Occupancy Type Email: Signature: Construction Type Bulletin #003 - August 18, 2004 Page 1 ofl k:\Handouts\Master Land Use Application EXHIBIT E PAGE &OF~ DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-2607; Fax 253.835.2609 www.citvoffederalwav.com APPLICATION FOR AMENDMENT TO THE DEVELOPMENT REGULATIONS 1. Requests for Amendments to the Development Regulations a) Who may apply. Any interested person may apply for an amendment to the development regulations. b) How to apply. The applicant shall file a completed Master Land Use application with the Department of Community Development Services. c) Proposed Amendment. A proposed amendment can be either conceptual or specific amendatory language. Please be as specific as possible so that your proposal can be adequately considered. If specific wording changes are proposed, this should be shown in stFikeout/underline format (please attach additional pages if necessary). (k~~udJ d) Reference. Please reference the code section of the development regulation and page number where located. Bulletin #027 - May 7, 200 I Page I of2 k:\Handouts - Revised\Dev Regs Amendment Application EXHIBIT e . 2. SUPPORT FOR THE AMENDMENT PAGE-S-OF ~ (Please fill out for all amendments) Please explain the need for the amendment (why is it being proposed). Include any data, research, or reasoning that supports the proposed amendment (please attach additional pages if necessary). I 3. SIGNATURE Signature Date Print Name Address Telephone No. If you have any questions about filling out this application form or the amendment process, please contact the Department of Community Development Services at 253-661-4115. Please be advised that an application for a development regulations amendment lacking the required information will not be accepted. Bulletin #027 - May 7, 2001 Page 2 of2 k:\Handouts - Revised\Dev Regs Amendment Application EXHIBIT j ~ PAGE~F --'t-- DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33530 First Way South CITYOF' _~ PO Box 9718 Federal Way Federal Way WA 98063-9718 253-661-4000; Fax 253-661-4129 www ...,itynff..,.l"'r",lw",y ('om DOCKET FORM DATE OF SUBMITTAL 9 - ;;Z 7 - .;?60S;- NAME O~W.A /I ~rqrl.&/ ADDRESS "3/4'o~ 2/ sv: ,f.v.fJ. S;:0. PHONE (please include area code) c?Sg ~.d275;- 001'7 TYPE (please check one) Comprehensive Plan 0 Development Regulation 0 DESCRIPTION OF DOCKETED ITEM Bulletin #026 - April 16, 2003 Page 1 of I k:\Handouts - Revised\Docket Form EXHIBIT 1 PAGE---LOF ~ ~ RESUB{\JHTTE~STER LAND USE APPLICATION . . J)EI'J.Jl'IMENT OJ!' COM~UN1'(Y DEVELOPMENT SERV1CES CITY Of: .~~ SEP 3 0 'ZOOS 33325 8th Avenue Sollth PO Box 9718 Federal Way' Federal WnyWA 98063.9718 253-835-2607; Fax 253.835-2609 ~.oitvoffederalW8.y.oom Al'PLICATLON No(s) Date <t(J%f Project Name Parcel Number(s) Project Description 7b A-L.Lo W OFP-SOE S/'NcS) f6Q NF;1!!:iN ;J> pp7)A (... E c~1 PLEASE PRJNT Type of Permit Required Applicant Annex.ation _ Binding Site Plan N=o: ~ M... 4.rfr lib: 1;.."""t>>~ t/G __ Boundary Line Adjustment A~ess: :::. J Jwel f<1~/1\ t!.,.o,# _ Comp P1an/Rczone Land Sutface Modification C~ty/State: }, ~ (""S ~ /JveA'1<(" 1t= 2 It. ~ ZIP: lJ,.~ ~tt" V. /l.'1~ c tr '1/~' ')-- Lot Line Elimination = I'reapplication Conference Pho~e: vIr tl..) N()<.J Yilt i"l.fl 'f Ji; c~ _ Procc:SS J (Di1'tIctol'">'S ApptOval) Fax. . I Email: J Q SS" {/q(') I. ~ _ Process II (Site PlaIl. Review) Sq,mM., i!~ _ Process III (P~ojcctApprova1) _ Process IV (Heating Examiner's DecisiDn) _ Process V (Qull.&i-Judicial Rezone) Agent (if mfft I' A lioanl) ~ ProcesS VI _ SEP A. wlProject Name: _SBPAOnly Address: _ Shoreline: Variance/Conditional Use City/State: _ Short Subdivision Zip: - Subdivision Pbone: -~ Variance: CommerciaVResidential Fax: Email: Signature: Required Information Owner Zoning Designation Comprehensive Plan Designa.tion Name: Address: Value of Existing Improvements CitylState: Value of proposed Improvements Zip; Phone: lnternationaL Building Code (!Be): Fax: Occupal1CY Type Email: Signature: Construetion Type: Bullclitl. #003 - August 18, 2004 Page 1 of 1 k:\Handouts\Maslc:r Land Use AppliClltion .-----..... EXHIBIT F RESUBIVirr'I'EL PAGE . OF-' ~' SEP 3' 2005 " 0 DEl'AR.n.wtt O\.l' COMMONl'l'Y DEVELOl'MENT SE"'V1C&S . ' 33325 Sa. Aw:cue South . ~a....~ PO Box 9718 ~IT"'( Or: ....,...........>,..~- Federal WayWA 98063-9718 I:=ede"al Way' 2S3-83S-2607~ Fax.2S3-83S-2609 '--1, 18 : ~.l!:~~mh..~2m APPLICATION FOR AMENDMENT TO THE DEVELOPMENT REGULATIONS 1, Requests for Amendments to the Dcvelopment Regulations a) Who may apply. An,:! interested persoD may apply for an amendment to the development regnlations. b) HOM! to Ilpply- The applicant shall file a COOlpleted M~tr Land Use application with the Department of Community Development Services. ' c) Proposed Amendment. A proposed amendment can be either conceptual or specific amendatory lartguage. Please be as specific as possible so that your proposal can bo adequately considered. If specific wording changes are proposed, tbis should be shown in Mrikooutfunderline format (please attach additional pages if necessary). Il> f}LLOW iJrr-5ifP'S/~ rO/? F~f%~t'l . fR;) Ft L 6" <" rr76-6oll Y d) Reference. Please reference the code section of the development regulation and. page number where located. 2. SUPPORT :FOR THE AMENDMENT (Please iilll'lut for all amendments) please explain the need for the amendment (why is it being proposed). Include any data, research, or reasoning tbat supportS the proposed amendment (please attach additional pages if necessaty). see- fJTIftcffeO L t;:;7if3r? . CUlp.P~r Of r-5/7&' SI'NS nO 7t/K c;ite~y J:t;(? iV6T 'If J ta-uF'.!:/ itlE /-fIWc. If (~~If / P Bulletin #027 _ August 18. 2004 Page 1 De2 k:\HandDuts\Dev Regs Amendment Application EXHIBIT ~ PAGE 3 OF-' RESU8nnrrriL SEP 3 0 2005 3. SIGNATURE #1~ 7 7~~~ Si~ 1'"71 . Date :k-ffY? Olr"'" f- fk {.R...I- 6.( Z 171.. .k.t ,(.,,,'" J).,."M4 ~m~me ' c/~ ;l/ki,qJ I(V,il [flit 5)lf] t;-'91 IJw, ;2/.1:. Mk M/izr- CA ~~.) ~L C(Jf;) ~t5 17'~ ~ )YJ6 ol.)lr~7/ (4 Telepbooe No. I /) @{l)cvl - J9[O s-~ ~qot {O'Y'-- If you have any questions about filling out this application torm or the amendment process, please call the Pepartment of Community Development Services at 253-835~2607 _ Please be advised that all application for a development regulations amen$1cnt lacking tbe required information will not be accepted. B\lnctin #027 - August 18, 2004 Page 2 on k:\Handouts\Dcv Regs Amendment Applic8tion EXHIBIT F PAGE~OF ___ R''''''r.''"", 't\jUf3Jv:!"I'"'j'EL JLO WASHINGTON ENTERPRISES, INC. SEP 302005 5743 CORSA A VENUlt, SUITE ~16 ~ VILLACE.. CALIFORNIA 91362 TELltl>1I0NE: (818) 86s..1400 FACSIMILE: (818) 865-1450 VIA :Fl!:DERAL EXPRESS September 17, 2005 Ms. Marga.ret H Clark, Senior Planner Community Development Services Department City of Federal Way 33325 81h Avenue South Federal Way, Washington 98003 Re: Freeway Profile Signs King County Assessor's Parcel Nll.mbeT$: 212104-9036, 212104-9011~ 212104-9079, 212104-9080, 212104-9081 212104..9043,212104-9086,212104-9087, 212104-9088, 212104-9010 Dear Ms. Clark: This Jetter is written on behalf of the following entities~ who own the parcels indicated. Fedway Marketplace Investors, L,L.C. Parcell, City of Federal Way Boundary Line' Adjustment No. 04-104498-00-SU, recorded in King County as document 200505249000003. Fedway Marketplace West, L.L.C. Parcels 2 and 4, City of Federal Way Boundary Line Adjustment No. 04-104498- OO.SU, recorded in King County as dOcument 200505249000003. Fedway Marketplace East, L.L.C. Parcel 3. City of Federal Way Boundary Line Adjustment No. 04-104498-00-SU, recorded in King County as document 200505249000003, The King County Tax Assessor's Parcel Numbers for these parcels are captioned above. Collectively, these entities own the development commonly known as Federal Way Marketplace, bounded bl I~5. on the east, South 344 Street on the north, 16tl1 Avenue South On the west and South 347 Place on the soud~ [excluding the existing Jack in the Box], which development is currently under construction. Under SEPA MDNS No, 04-101700-00-SE, Process ill Project Approval No. 04-101699~OOO-OOUP, andre1ated City issued documents and approvals, these parcels are considered as one development. Federal Way Marketplace will include more than 250,000 square feet of retail space. The undersigned is President of the each ofthese ownership groups. EXHIBIT F PAGE $ OF ____ fiE'SUE,,:, " 'n"L g i ~ ' l1lilll !~ Ms. Margaret H. Clark, Senior Planner SEP 302005 City of Federal Way Re: Freeway Profile Signs King County Assessor's Parcel Numbers: 212104-9016,212104-9011,212104-9079, 212104-9080, 212104-9081 212104-9041, 212104-9086, 212104-9087, 212104-9088, 212104-9010 September 17, 2005 Page Two Thank you for your September 8, 2005 letter and enclosures concerning the proposed language for Freeway Profile Signs, which letter and enclosures we just received. Unfortunately, at this late date I ant unable to attend the City Council meeting scheduled fOf September 20, and thus accept the City's invitation to submit written comments. The proposed Freeway Profile Sign modifications to the Federal Way City Code (FWCC) are to benefit certain prop~rties as identified therein, specifically, as we understand it~ to promote Federal Way businesses located along the I~5 corridor. Our development is one of these businesses. Our development has some unique physical and governmental constraints that make it impractical, if not impossible, to construct a Freeway Profile Sign as contemplated by the proposed modifications to FWCC. SpecificallY1 although our property abuts land that is owned by the Washington State Department of Transportation (WSDOT), it is set back a considerable distance from the travel lanes of Interstate 5 itself. The freeway is below the elevation of the WSDOT frontage, yet is above the elevation of our property. thus creating a uhump" that precludes visibility of a Freeway Profile Sign absent a very tall sign. Further~ the City has determined the 200 feet of our property closest to 1-5 to be a stream buffer area, within which no disturbance or development can occur. We thus have both a "hump" [vertical impediment] and a very considerable distance [horizontal impediment], each of which by itself makes is grossly impractical and lor impossible to construct the Freeway Profile Sign that would be encouraged by the City should the FWCC modifications be adopted. As a consequence of the foregoing, despite having one of the largest projects along 1-5 and having One of the longer I~5 frontages, we will not be able to install a sign that will be visible from I~5 as intended by the proposed Freeway Profile Sign modifications. Approximately two months ago, we arranged for a sign "mock~up". Community Development Services Director Kathy McClung, along with the City's Chief Building Official and yourself: toured the property and viewed from 1-5 a proposed sign at various locations on and near our property. The City has a digital photographic record of this tour, and you are welcome to present it to the Council and any interested parties. It is our understanding that the City Staff shares our conclusion that a sign constructed in accordance with the proposed Freeway Profile Sign modifications will not be reasonably visible from I~5, if such a sign could even be designed. (It most instances, the sign would likely need to be a massive roughly ISO - 250 foot tall structure, and much larger in size than contemplated by the proposed FWCC modifications.) EXHIBIT F,~,:{'~. k., PAGE-'-OF -' ffEvUtHVtIJ'TED SEP 30 2DD5 Ms. Margaret H. Clark, Senior Planner City of Federal Way Re~ Freeway Proflltt Signs King County Assessor's Parcel Numbers: 212104-9036,212104-9011,212104-9079, 212104-9080, 212104-9081 212104-9043,212104-9086,212104..9087, 212104.9088, 212104.9010 September 17, 2005 Page Three Based upon conversations with City Staff, relying opon other provisions of the existing FWCC . we understand that we would be prohibited from seeking relief (via variance or otherwise) that would allow us to place a Freeway Profile Sign on property located near. but not directly on, our development. Should the City allow for such an exception, through an administrative or public hearing process, and we were able to locate such a nearby parcel, Federal Way Marketplace and the City would have an opportunity to consider a Freeway Profile Sign in compliance with the other provisions of the proposed modifications to the FWCC. Our project is one of the largest retail developments in the subject area, a.nd the difficult characteristics of our property are not of our making. By allowing for such an exception I variance process, our project would have the opportunity to present its case and to develop a solution that would allow our property: (a) to overcome its unique hardships, (b) to enjoy the same benefits as similarly zoned 1,5 adjacent properties, and (0) to fulfill the City's intent in adopting the Freeway Profile Sign modifications. As currently proposed, we cannot even try. We would be pleased to further explore these concerns with the City Council and/or the Community Development Services Department. Thank you for your consideration. Yours very truly, Oli n ehalf of; Fedway Marketplace Investors, L.L.C. Fedway Marketplace West, L.L.C. FedwayMarketptace East, L.L.C. JO:lj CITY OF FEDERAL WAY MEMORANDUM --.. -.....-------.-,..... .. ._.__._-----_.~.. DATE: November 21, 2005 TO: Land Use and Transportation Committee .,..... ..-(- VIA: David H. Mose~:illdzl\y Manager FROM: Ken Miller, P.E:, Deputy Public Works Director SUBJECT: Westway Street Lighting Project - Final Project Acceptance ~",.~ ,........ POLICY QUESTION: Should the Council accept the Westway Street Lighting Project constructed by Totem Electric, Inc. as complete? BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above referenced contract with Totem Electric, Inc. is complete. Upon City CounciJ's acceptance of the project, and meeting certain conditions by State law, the City will release and pay in full the amounts retained during performance of the contract. PROJECT SAVINGS AND CONTINGENCY: The final construction contract amount is $160,517.56, this is $8,092.44 below the $168,610.00 original bid price, and $24,953.44 below the $185,471.00 budget (including contingency) that was approved by the City Council on February 15,2005. OPTIONS: 1. Authorize final acceptance of the completed Westway Street Lighting Project, constructed by Totem Electric, Inc., in the amount of $160,517.56 as complete. 2. Do not authorize final acceptance of the completed Westway Street Lighting Project, constructed by Totem Electric, Inc. as complete and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the December 6, 2005 City Council Consent Agenda for Approval: Authorize final acceptance of the completed Westway Street Lighting Project, constructed by Totem Electric, Inc., in the amount of $160,517.56 as complete. COMM ITTEE RECOMMENDA TJON: Forward the above staff recommendation to the December 6, 2005 City Council Consent Agenda. cc: Project File-Wcstway Strcet Lighting Project Day File K:\LUTC\2005\11-21-05 Westway Street Lighting Project. Final Accept.doc