LUTC PKT 03-06-2006
City of Federal Way
City Council
Land Use/Transportation Committee
March 6lh, 2006
5:30 p.rn.
City Hall
Hylebos Room
MEETING AGENDA
1. CALL TO ORDER
2. APPROVAL OF MINUTES: February 6lh, 2005
3. PUBLIC COMMENT (3 minutes)
4. BUSINESS ITEMS
A. 2006 Asphalt Overlay Project Bid Awar9
B. S336th Street at I sl Way South Intersection Improvements Project
Bid Award
C. S 320th St at 1st Ave S Intersection Improvements Projects - 85%
Design Status Report
D. S 373rd St. Bridge Replacement ~ WSDOT & LUD ILA's
E. Joes Creek Habitat Restoration Project - 100% Authorization to
Bid
F. Comprehensive Plan Amendments Selection Process
G. Sound Transit Phase 2 - Status Report
H. Repeal Citizen Advisory Committee Provision contained
in Ordinance 95-240
5. FUTURE MEETINGS/AGENDA ITEMS
6. ADJOURN
Action 5 min / Mulkey
Action 5 min / Mulkey
Action 10 min / Salloum
Action 5 min / Bucich
Action 10 min / Bucich
Action 30 min / Clark
Action 30 min / Perez
Action 15 min / Roe
Committee Members
Jack Dovey. Chair
Eric Faison
/)ean McColgan
C:ILUT(lLUrC Agendas ,md Summarie..f :!006\O3-06-06 Ll rTC Agemhuloc.
Cil)' Slaff
Cory M. Roe, p.r"'., PuNic Works /)ireclor
Marianne Lee, Adminisrrmive Assislanl
253-835-2701
City of .Federal Way
City Council
Land Use/Transportation Committee
February 6th, 2006
5:30 pm
City Hall
Council Chambers
MEETING MINUTES
In attendance: Committee chair Jack Dovey; Committee member Dean McColgan; Council Member Linda Kochmar;
Interim City Manager Derek Matheson; Community Development Director Kathy McClung; Street Systems Manager
Marwan Salloum; Council Member Jeanne Burbidge; Public Works Director Cary Roe; Public Works Deputy Director Ken
Miller; Planner Deb Barker; Deputy City Attorney Karen Kirkpatrick; Community Development Deputy Director Greg
Fcwins; and Administrative Assistant Marianne Stiles.
1. CALL TO ORDER
Councilman Dovey called the meeting to order at 5:29 pm.
Councilmember Eric Faison was excused due to illness.
2. APPROVAL OF MINUTES
The January 9th, 2006, minutes were approved.
3. PUBLIC COMMENT
none
4. BUSINESS ITEMS
A. Lakehaven Utility District ILA; Preliminary Engineering Services Amendment No.1
Cmte PASSED staff recommendation to fwd Option 1 to the February 2151 Council Consent Agenda.
MOVED by Councilman McColgan.
SECONDED by CouncilITIanl)()v~y .
PASSED Unanimously.
B. S 333rd Street and 1st Way South Traffic Signal-IOO% Design Approval and Authorization to Bid
Ken Miller provided background information to the committee.
Cmte PASSED staff recommendation to fwd Option 1 to the February 2151 Council Consent Agenda.
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C. Pena Final Plat
Deb Barker provided background information to the committee.
Cmte PASSED staff recommendation to fwd Option 1 to the February 2151 Council Consent Agenda. Date was
amended from the February 61h to February 2151 Council Consent agenda.
M.Q.~QJ)),_C:2l.!Il~i!Il!llIl_M~<;:()lg.!lIl~. ___ _ _ .~E~9~.J;:I?_~y C:()~Il<:!II!'~Il P_o.~~L.. _ . _ ._J> A~~I\I).. ~n<lnil!'~u~ly
o. 2006 Planning Commission Work Program
Kathy McClung provided background information to the committee. She asked if she had prioritized things correctly
on the list, and was she missing any items? She noted that she has heard from Eric Faison that he wanted to look at the
CorelFrame after the planned action SEP A is completed. Committee member McColgan asked about vegetation
retention; has the City learned where improvements can be made and want to make them? Chair Dovey noted that
vegetation is disappearing faster than the Council can consider the issue. Can the cmte make this more of a priority
before it's too late? Committee member McColgan approved. Kathy McClung asked if it should go before the Citizen
Initiated Improvements. Dovey and McColgan said they would like to see the retention of trees as a higher priority
than some of the citizen initiated requests. Jeanne Burbidge also supported moving forward on the vegetation retention
issue.
G\LUTClLUTC Ag<ndas and Summar;" 2006\02.06.06 LUTC Minu'<5 doc
_~~_d Use/Transportation Committee
_._~~.~"~-~
December 19th, 2005
Committee member McColgan asked if the City could hang banners across 320th street to advertisc upcoming events.
Cary Roe responded that Community Developmcnt (CD) determines if that is permitted. Public Works (PW)
determines if it is possible. Kathy McClung stated that current code does not allow signs in the public ROW. Mr. Roe
noted that 'strain poles' would have to be put up across 320th.
Cmtc PASSED amended staff recommendation to fwd recommendation to the February 2151 Council Consent
Agenda.
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PASSED Un~njl!l~ll~.~_m__
Eo 'Update on King County Annexation Model Project
Kathy McClung provided background information to thc committee and passed around a letter from Auburn. King
County has asked cities to agree on development standards between cities that will be annexing unincorporated areas.
King Co. wants to see cities eommit within 18 months to all annexations and join with King Co. staff to work towards
this goal. A leller from Auburn does not agrec with King Counties timeframe. Auburn suggests a five-year plan, which
is much more realistic in the city's view. Cary Roc says that, on any new development in thcsc areas, this would apply.
Committee member McColgan asked: if no action was takcn aftcr five years, would these areas revert? According to
Auburn's letter, as long as cities act in good faith they will be able to renew after five years ifncccssary. Kathy
McClung stated that the 18-month time frame King Co. has laid out is so short that the City [Federal Way] will get
very little in return for entering into an agreement. Voters must still approve each annexation. King Co. wants the City
to promote the annexations; doing so would prove 'good faith'. Committee chair Dovey asked, if the city does not put
annexation to vote with in five years, have we showed 'bad faith' by not letting folks vote? Cary Roe answered that
staff needs to work through some ofthe legal issues. Committee member McColgan stated that the LUTC can not
decide this issue until it has been discusscd by the full Council. He approves of the five year plan, as long as it can be
extended if necessary. Karen Kirkpatrick said that any ILA must go to the full Council. The direction to move forward
with this to the Council is agreed upon? Cary Roe askcd if this issue should go to the full Council at this time. Council
member Jeanne Burbidge supported sending it to the full Council at this time. McColgan agreed, stating that the City
must know beforehand what they arc agreeing to. Cary Roe said an agenda bill can capture this question and send it to
the full Council, then staff can pursue the ILA. Derek Matheson suggested that LUTC adopt a motion to agree with
Auburn's proposal. Chair Dovey directed staff to send a memo (including Auburn's letter) to the full council about
this issue and then bring it back to LUTe. IF there is no response from the Council members, assume acceptance.
Cmte passed recommendation but it will return to the LUTC committee, pending on clarification with the committee
chair
5. FUTURE MEETINGS
The next scheduled meeting will be March 6th, 2006.
6. ADJOURN
111e meeting adjourned at 6: 14 p.m.
G\LUTC\I..UTC Agend3S and Summarit'... 2006\02-06-06 UHC Minutes,doc
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
March 06, 2006
Land Use and Transportation Committ~~
Derek Matheson, Interim City Manage~ A ~
Cary M Roe, P.E., Director of Public Works ~
John Mulkey, P.E., Street Systems Engineer~
2006 Asphalt Overlay Project Bid Award
:FROM:
SUBJECT:
POLICY QUESTION:
Should the Council award the 2006 Asphalt Overlay Projectto the lowest responsive, responsible bidder?
BACKGROUND:
Five bids were received and opened on February 15, 2006 for the 2006 Asphalt Overlay Project; please see
attached Bid Tabulation Summary. Tbe lowest responsive, responsible bidder is Woodworth and Company with
a total bid of $1 ,653,325.82.
AVAILABLE FuNDING:
The budget for the 2006 Asphalt Overlay Project is $1,791,610, and is comprised ofthe followjng:
2006 Overlay Budget
2006 Structures Budget
2005 Carry Forward
Mitigation
. Total Funding Available
$1,502,500
$124,700
$97,300
$67,110
$1,791,610
ESTIMATED EXPENDITURES:
The following is a breakdown of the estimated total project construction costs:
SCHEDULE
A
B
C
D
E
F
DESCRIPTION
1st Ave S/S312th Street/4th Ave S
19th Ave Southwest
20th Ave South (S333rd to S324th)
24th Ave S/S305th Street
8th Ave South (S310th to S304th)
Aquacene
AMOUNT
$445,125
$116,767
$367,357
$48,167
$313,378
$362,529
ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS:
10% Construction Contingency
Pavement Management System
In-house Design
Construction Administration
City's Administrative Fee
Printing and Advertising
ESTlMA TED TOTAL PROGRAM COST:
$1,653,325
$165,332
$25,000
$75,000
$81,300
$74,318
$3,500
$2,077,775
March 06, 2006
Land Use and Transportation Committee
2006 Asphalt Overlay Project Bid Award
Page 2
In order to stay within budget it is recommended that Schedule "[" (sth Avenue South) be deleted from the
project and a contract amount of$l ,339,947. I 9 be awarded to Woodworth and Company.
OPTIONS:
1. Award Schedules A, B C, D, and F of the 2006 Asphalt Overlay Project to Woodworth and Company lowest
responsive, responsible bidder, in the amount of $1,339,947.19 and approve a 10% contingency of
$133,994.71, for a total of $ 1,473,941.90, and authorize the City Manager to execute the contract. If
project funding allows, approve adding all or a portion of Schedule E back into the contract with the
understanding that the total cost will not exceed the total funding available for this program.
2. Reject all bids for the 2006 Asphalt Overlay Project and direct staff to rebid the project and return to
Committee for further action.
3. Do not award the 2006 Asphalt Overlay Project to the lowest responsive, responsible bidder and provide
direction to staff.
STAFF RECOMMENDATION:
Staff recommends forwarding Option 1 to the March 21, 2006 City Council Consent Agenda for Approval:
Award Schedules A, B, C, D, and F of the 2006 Asphalt Overlay Project to Woodworth and Company the lowest
responsive, responsible bidder, in the amount of $1,339,947.19 and approve a 10% contingency of
$133,994.71, for a total of$ 1,473,941.90, and authorize the City Manager to execute the contract. Ifproject
funding allows, approve adding all or a portion of Schedule E back into the contract with the understanding
that the total cost will not exceed the total funding available for this program.
COMMITTEE RECOMMENDATION:
FOlWard the above staff recommendation to the March 21, 2006 City Council Consent Agenda.
cc: Project File
k:\lutc\2006\03-06-06 2006 asphalt overlay project~ bid award,doc
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CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
March 06, 2006
Land Use and Transportation Committe~f\...rv
Derek Matheson, Interim City Manager~ A"
Cary M Roe, P.E., Director of Public Works tJnr<...
John Mulkey, P.E., Street Systems Engineer~
S 336th Street at pt Way South Intersection Improvements Project Bid Award
POLICY QUESTION:
Should the Council award the S336th Street at Is1 Way South Intersection Improvements Project to
the lowest responsive, responsible bidder?
BACKGROUND:
Five bids were received and opened on February 15,2006 for the S336th Street at lSI Way South
Intersection Improvements Project; please see attached Bid Tabulation Summary. The lowest
responsive, responsible bidder is Vetch Construction, LLC with a total bid of$253,028.00.
PROJECT ESTIMATED EXPENDITURES:
Planning and Design
Construction Cost
10% Construction Contingency
Construction Management
Total Project Costs
$ 60,000
253,028
25,300
35,000
$373,328
AVAILABLE FUNDING:
Gencral Fund
REET Fund
Mitigation
Total Available Budget
$ 160,000
234,000
8,744
$402,744
OPTIONS:
1. Award the S336th Street at 1st Way South Intersection Improvements Project to Vetch
Construction, LLC lowest responsive, responsible bidder, in the amount of$253,028.00 and
approve a 10% contingency of$25,300.00, for a total of$278,330.00, and authorize the City
Manager to execute the contract.
2. Reject all bids for the S336th Street at 1st Way South Intersection Improvements Project and
direct staff to rebid the project and return to Committee for further action.
3. Do !lot award the S336th Street at I st Way South Intersection Improvements Project to the
lowest responsive, responsible bidder and provide direction to staff.
STAFF RECOMMENDATION:
Staff recommends forwarding Option 1 to the March 21, 2006 City Council Consent Agenda for
Approval: A ward the S336th Street at 1 sl Way South Intersection Improvements Project to Vetch
Construction, LLC lowest responsive, responsible bidder, in the amount 0[$253,028.00 and
Mareh 06, 2006
Land Use and Transportation Committee
S336lh SITeel at I" Way Soulh InlerseClioIl Improvements - Bid Award
Page 2
approve a 100A. contingency of $25,300.00, for a total of $278,330.00, and authorize the City
Manager to execute the contract.
COMMITTEE RECOMMENDATION:
Forward the above staff recommendation to the March 21, 2006 City Council Consent Agenda.
cc: Project File
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CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
March 06, 2006
Land Use and Transportation Committee
Derek Matheson, Interim City Manager ~
Cary M Roe, P.E., Director of Public Works ~
Marwan Salloum, P.E., Street Systems Manage~_
South 320th Street at ist Avenue South intersection Improvements Project; 85% Design Status Report
POLICY QUESTION:
Should the Council authorize staff to proceed with design of the South 320th Street at 1 st A venue South Intersection
Improvements Project and return to the Council at the 100% design completion for further reports and authorization?
BACKGROUND:
This project will add a 2nd lefHum lane in all four directions, northbound, southbound and westbound right-tum lanes
and widen 1st Avenue South to five lanes from South 316th Street to South 320th Street. The traffic signal system will
be modified to accommodate the added lanes. The existing span-wire emergency signal system at the Federal Way Fire
Department will be replaced with a new signal.
The following provides a brief synopsis of the progress on this project to date. Currently, the project design is
approximately 85% complete, which includes the following completed tasks:
. The Topographical Surveys
. The Geotechnical Investigation
. SEP A Submittals
. Channelization Plans
. Project Design to 85%
Ongoing Tasks Include:
. Value Engineering Study
. Right of Way Requirements (Property Appraisals, Review Appraisals Negotiation and Acquisition)
. Project Open House scheduled for May 2006
. Project Design to 100%
PROJECT ESTIMATED EXPENDITURES:
Planning and Design
ROW Acquisition
Construction cost 2006 (estimate)
10% Construction Contingency
Construction Management (12%)
$450,000
864,000
4,200,000
420,000
480,000
TOTAL PROJECT COSTS
$6,414,000
March 06, 2006
Land Usc and Transportation Committee
South 320th Street at ]" A venue South Intcrscction Improvements Project - 85% Design Status Rcport
Pagc 2
AVAILABLE FUNDING:
REET Fund
Utility Tax
Transfer in street CIP Fund
Mitigation
$337,000
603,000
217,000
129,225
TOTAL A V AILABLE BUDGET
$1,286,225
Given the project currently has a funding shortfall of $5,127,775, staff anticipates applying to the Transportation
Improvement Board (TIB) for grant funding to construct the project. The TIB grant application would be submitted
assuming a 60/40 split of the total project cost or $3,848,400 TIB grant and $2,565,600 as city match. With $1,286,225
of City/mitigation funds currently available, the City would need to provide an additional $1,280,000 to satisfy the City
match amount.
In 2004 Staff applied and was not successful in obtaining TIB funding for this project as it was scoped in the 2004 TIP.
To improve the project score staff is proceeding with the design, cnvironmental approval process and the Right of Way
acquisition to qualify as a construction-ready project in an effort to get five additional points, thus making the project
morc competitive for the future TIB grant funding cycle.
OPTIONS:
1: Authorize staff to proceed with present design of the South 320th Street at 1st Avenue South
Intersection Improvements Project and return to LUTC Connnittee at the 100% design completion
stage for further reports and authorization.
2. Do not authorize staff to proceed with finalizing the present design of this project and provide
direction to staff.
STAFF RECOMMENDATION:
Staff recommends forwarding Option 1 to the March 21,2006 City Council Consent Agenda for approval:
"Authorize staff to proceed with design of the South 320th Street at 1 Sl A venue South Intersection
Improvements Project and return to LUTC Committee at the 100% design completion stage for further reports
and authorization."
COMMITTEE RECOMMENDATION:
Forward the above staff recommendation to the March 21, 2006 City Council Consent Agenda.
cc: Project File
Day File
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
March 61\ 2006
Land Use and Transportation Committee
Derek Matheson, Interim City Manager
Cary M. Roe, P.E., Public Works Director ~
Paul A. Bucich, P .E., Surface W ater Manag~
S. 373'd ST. Bridge Replacement - WSDOT and LUD lLA's
POLICY QUESTION:
Should the Council authorize staff to enter into Inter-Local Agreements with the Washington State Department of
Transportation and the Lakehaven Utility District for work on the S. 373Td St. Bridge Replacement project?
BACKGROUND:
On December 20th, 2005, Staff requested authorization to pursue development of an Inter-Local Agreement with
the Washington State Department of Transportation as a partner in the S. 373rd Street Bridge Replacement and
Spring Valley Ranch (Mace property) stream restoration and habitat project. Attached is the draft ILA for your
consideration. During negotiations with WSDOT, it was determined that incorporation of the City's project plans
and specifications into a larger project including the stream and habitat work administered by the WSDOT with
City participation would save time and potential conflicts between two competing contractors in a limited space.
As such, the attached draft ILA scope of work anticipates the WSDOT conducting all permitting for the City's
project as well as theirs, a constructability review, review of the plans and specifications prepared by the City's
consultant, combining both agencies plans and specifications into one set and advertising as one project with
separate schedules of work. The separate schedules of work will allow the City to clearly see our construction
costs for the bridge and associated work.
Lakehaven Utility District has a water main in S. 373"1 that will need to be relocated for the road and bridge work.
LUD has requested we enter into an ILA with them so that the City's consultant can do the design work and the
construction would occur as a part of the larger project. The costs for this work will be passed through the City to
LUD so there is minimal effort on the part of the City with the exception of some staff time to pass the billing on
to LUD. Incorporation of the work into the larger project makes sense as LOO will not be able to relocate their
line until the final design is completed indicating depth and location of the stream and bridge work.
OPTIONS:
1.
2.
3.
Authorize the Interim City Manager to execute the ILA with WSDOT as attached.
Authorize the Interim City Manager to execute the !LA with Lakehaven Utility District as
attached.
Do not authorize staff to execute the agreements and provide direction to staff.
ST AFF RECOMMENDATION:
Staff recommends forwarding options 1 and 2 to the March 21 Sl, 2006 City Council Consent Agenda for approval:
1. Authorize the Interim City Manager to execute the ILA with WSDOT as attached.
2. Authorize the Interim City Manager to execute the ILA with Lakehaven Utility District as attached.
COMMITTEE RECOMMENDATION:
Forward the above staff recommendation to the March 21"r, 2006 City Council Consent Agenda.
cc: Project File
Day File
~
:=7: Washington State
"II Deparbnent of Transportation
Local Agency
Preliminary Engineering
Participating Agreement
Work by State - Actual Cost
Organization and Address
City of Federal Way
Public Work~ Department
P.O_ Box 971 8
Fe51~raJ Way, W ^ 98063-97] 8
Section 1 location
Agreement Number
GCA-4765
SR 5 Fife Vicinity HOY, Wetlands Mitigation Area
Attachments made a part of this agreement
Exhibit "A" Estimate of Costs
Exhibit "B" Description of Work
Exhibit "C Plan / Vicinity Map
.-
State Route Number
..-....
Control Section Number
5
2701 05
Region
Olympic
Surely Bond
..- -.
Advance Payment Amount
o
THIS AGREEMENT, made and entered into this ~_.._.__.__ day of _____ , __ ,between the STATE OF
WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, (hereinafter the "STATE") and the
above named organization, (hereinafter the "LOCAL AGENCY").
WHEREAS, the LOCAL AGENCY has requested that the STATE perform certain work as described herein. and/or is responsible for a
portion of the work as provided for under WAC 468-18-040(5)(d), and
WHEREAS, the LOCAL AGENCY is obligated for the cost of work described herein.
NOW THEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms, conditions, covenants, and performances contained
herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS:
I
GENERAL
The STATE, as agent acting for and on behalf of the LOCAL
AGENCY, agrees to perform the work as shown in Exhibit "B"
Description of Work.
Plans, specifications and cost estimates shall be prepared by
the STATE in accordance with the current State of
Washington Standard Specifications for Road, Bridge, and
Municipal Construction, and amendments thereto, and
adopted design standards, unless otherwise noted.
The LOCAL AGENCY agrees, upon satisfactory completion of the
work involved, to deliver a letter of acceptance to the STATE
which shall include a release and waiver of all future claims or
demands of any nature resulting from the performance of the
work under this AGREEMENT.
If a letter of acceptance is not received by Ihe ST ATE within
90 days following completion of the work, the work will be
considered accepted by the LOCAL AGENCY and shall
release the ST ATE from all future claims and demands of any
nature resulting from the performance 01 the work under this
AGREEMENT.
The LOCAL AGENCY may withhold this acceptance of work by
submitting written notification to the STATE within the 90-day
period. This notification shall include the reasons for withholding
the acceptance,
DOT Form 224-701 EF
10/00
II
PAYMENT
The LOCAL AGENCY, in consideration of the faithful
performance of the work to be done by the STATE, agrees to
reimburse the ST ATE for the actual direct and related indirect
cost of the work as shown in Exhibit "N Estimate of Cost.
Partial payments shall be made by the LOCAL AGENCY, upon
request of the STATE, to cover costs incurred. These payments
are not to be more frequent than one (1) per month. It is agreed
that any such partial payment will not constitute agreement as to
the appropriateness of any item and that, at the time of the final
audit, all required adjustments will be made and reflected in a
final payment.
The LOCAL AGENCY agrees to make payment for the work to
be done by the STATE within thirty (30) days from receipt of
billing from the STATE.
The LOCAL AGENCY agrees that if payment for the work is
not made within ninety (90) days after receipt ot billing the
STATE may withold any tax monies which the LOCAL AGENCY
is entitled to receive from the Motor Vehicle Fund until payment
for the work is received by the STATE. If the LOCAL AGENCY
is not entitled to receive Motor Vehicle Funds. a surety bond in
the amount shown above written by a surety company authorized
to do business in the state of Washington shall be furnished to
the STATE prior to execution by the STATE 01 this agreement.
The bond shall remain in force until written release by the STATE.
Payment not made within thirty (30) days alter receipt ot billings
shall be considered "Past Due" and bear interest at the rate of one
percent per month or Iraction thereof until paid pursuant to RCW
43_17.240.
The LOCAL AGENCY agrees to pay the STATE the "Advance
Payment Amount" stated above within 20 days after the STATE
submits its first partial payment request to the LOCAL AGENCY.
when applicable in accordance with STATE Instructional Letter IL
4017_00_
The advance payment represents approximately fifteen (15)
percent of the estimate 01 cost and covers costs incurred by the
5T A TE in the initial stages of the project. The advance payment
will be carried throughout the life of the project with final
adjustment made in the final payment.
III
EXTRA WORK
In the event unforeseen conditions require an increase in the cost
of 25 percent or more from that agreed to on Exhibit "A", this
AGREEMENT will be modified by a supplement AGREEMENT
covering said increase.
In the event it is determined that any change Irom the description
01 work contained in this AGREEMENT is required, approval must
be secured from the LOCAL AGENCY prior to the beginning 01
such work_ Where the change is substantial. written approval
must be secured.
Reimbursement for increased work and/or a substantial change
in the description 01 work shall be limited to costs covered by a
wrillen modification, change order or extra work order approved
by the LOCAL AGENCY.
IV
RIGHT OF ENTRY
The LOCAL AGENCY hereby grants and conveys to the STATE
the right of entry upon all land which the LOCAL AGENCY has
interest, within or adjacent to the right of way of the highway,
for the purpose of performing the preliminary engineering under
this AGREEMENT.
V
LEGAL RELATIONS
No liability shall attach to the STATE or the LOCAL AGENCY by
reason of entering into this AGREEMENT except as expressly
provided herein_
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year lirst above written.
LOCAL AGENCY
By _
Title
Date
DOT Form 224701 EF
10100
STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
By
Title
Date
ENVIRONMENTAL DOCUMENT PREPARATION (Environmental Document Preparation,
Biological Assessment, Section 401 Water Quality Certification, Critical Area Ordinance
Permit or Cert., Hydraulic Project Approval, NPDES Construction Permit, PS&E Review
and Roundtable, TESC Plan Support/Review)
Office Classification
Environmental and Hydraulics TPS4
Environmental and Hydraulics TPS3
Environmental and Hydraulics TE3
Environmental and Hydraulics TE2
Environmental and Hydraulics TT3
Critical Ordinance Permit
GCA-4765
Exhibit "A"
Estimate of Costs
Hours
24
19
30
87
10
Hourly Rate
46.81
42.88
42.88
39.36
37.80
Subtotal
Total
1123.44
814.72
1286.40
3424.32
378.00
800.00
7826.88
CONSTRUCTRACTIBILlTY REVIEW
Office Classification Hours Hourly Rate Total
Construction TE3 40 $42.88 1715.20
Design TE3 8 $42.88 343.04
Subtotal 2058.24
PS & E REVIEW
Office Classification Hours Hourly Rate Total
Hydraulics TE2 5 $39.36 196.80
Bridge TE3 15 $42.88 643.20
Traffic TE2 15 $39.36 590.40
Construction TE3 5 $42.88 214.40
Plans TE3 10 $42.88 428.80
Design TE3 20 $42.88 857.60
Subtotal 2931.20
COMBINING PLANS, SPECIFICATIONS AND ESTIMATES (PS&E)
Office Classification Hours Hourly Rate
Design TE3 75 $42.88
Plans TE3 50 $42.88
Subtotal
PRINTING AND ADVERTISING FOR AWARD
Office Classification
Printing Services TT2
Total
3216.00
2144.00
5360.00
Hours Hourly Rate Total
20 $34.17 683.40
Subtotal 683.40
0.00
TOTAL $18,860
Overhead (1 )
Notes:
1. No overhead applied per Reciprocal Overhead Agreement OH-00029
GCA-4765
Exhibit "B"
Description of Work
The STATE shall provide all environmental documents and permits required for constructing the
LOCAL AGENCY's bridge at South 373rd Street, including the Biological Assessment, the
Section 40] Water Quality Certification, the Critical Area Ordinanc~ Permit or Certificate, the
Hydraulic Project Approval, the NPDES Construction Permit, and support and review of the
Temporary Erosion and Sediment Control Plans.
The STATE shall perform a review of the constructability of the LOCAL AGENCY's bridge
plans.
'The STATE shall perform a review ofthe LOCAL AGENCY's Plans, Specifications, and
Estimates (PS&E) for the bridge construction.
The STATE shall combine the LOCAL AGENCY's PS&E into the STATE's contract
The STATE shall print and advertise the LOCAL AGENCY's PS&E for award as part of the
STATE's contract.
III
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After recording, return to:
City of Federal Way
33325 8th Avenue S
Federal Way, WA 98003
Attn: Paul Bucich
INTERLOCALAGREEMENT
BETWEEN THE CITY OF FEDERAL WAY
AND LAKEHAVEN UTILITY DISTRICT
FOR THE
S. 373rd STREET BRIDGE REPLACEMENT PROJECT
AT HYlEBOS CREEK
THIS AGREEMENT is made and entered into this _ day of , 2006 by and
between the City of Federal Way (hereinafter "City") and Lakehaven Utility District (hereinafter
"District"), collectively referred to herein as the "Parties".
WHEREAS, the City proposes to proceed with the S. 373rd Street Bridge Replacement Project
at Hylebos Creek; and
WHEREAS, the District provides water and sewer service in the general area of the Project in
accordance with applicable Washington State and City of Federal Way laws, regulations and
franchises; and
WHEREAS, in connection with the bridge replacement project being undertaken by the Oty,
the District will be required to relocate certain water facilities such as potable water lines, fire
hydrants, valves, water meters, etc.; and resolve any waterline/utility conflicts within the Project
area; and the District desires the City's contractor to install a sanitary sewer casing line for future
use by the District; and
WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local governmental units
to make the most efficient use of their powers by enabling them to cooperate with other entities to
provide services in a manner best serving the needs and development of their local communities;
and
WHEREAS, the District can achieve cost savings and other benefits in the public's interest by
contracting with the City to perform certain services for the District, induding letting a public works
construction contract for the installation of the water and sanitary sewer improvements in
connection with the Project (hereinafter "District Work"), and providing construction management
services in support thereof, as described in Exhibit A, attached hereto and incorporated herein by
this reference;
Page 1
NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto
as follows:
I. PREDESIGN/DESIGN.
The District agrees that the City's design contractor, CH2M HILL, shall perform
predesign/design work for the Project. The District shall reimburse the City for the predesign report,
reproducible construction drawings, special contract provisions, and other necessary documents,
which shall sufficiently detail requirements for the District Work to become a part of the plans and
specifications for the Project.
II. BIDDING AND CONSTRUcnON.
A. It is the intention of the City and the District that the District plans and
specifications shall be incorporated into the Contract Bid Documents for the Project in such a
manner as to allow, to the extent possible, identification of cost allocations between the Parties.
B. Following opening of construction bids on the Project, the District shall be
furnished with the bid responses submitted for the District Work for the District's approval. Within
twenty days of receiving the bid prices, the District shall notify the City in writing that the District
either approves or rejects their portion of the bid award. Bid award shall be made to the lowest
responsible bidder for the total Project subject to applicable laws and regulations. The City shall not
proceed with the District Work until the City has received approval from the District for its portion of
the bid award; orovided. however: if no bids are received which, in the estimation of the District, are
acceptable to the District for the District Work, the District shall so immediately notify the City. The
District Work shall be deleted from the project contract and, in this event; the City shall proceed
with its portion of the Project. The District agrees to either shutting off of any interfering utilities
within the project limits or modifying the existing utilities in accordance with the project plans and
specifications at its expense utilizing other means for the work. The District further acknowledges
that any claims for delay by the City's contractor due to this work shall be the responsibility of the
District to pay. This Inter-local Agreement shall terminate effective the date of the District's notice
to the City of the District's rejection of all bids or upon acceptance of the work by the City Council as
complete.
III. CONTRACT ADMINISTRATION.
A. The City shall proVide or contract for the necessary administrative,
construction observation, and clerical services necessary for the execution of the Project. In
providing such services, the City Public Works Director and/or his or her designee may exercise all
the powers and perform all the duties vested by law in him or her. The District grants to the City
Public Works Director and/or his or her designee authority to act on behalf of the District sufficient
to carry out the provisions of this Agreement.
B. The District shall notify the City, in writing, of any changes it wishes to make
in the plans and specifications which affect the District Work, which changes shall be made, if
feasible. The City shall notify the District, in writing, of any changes required of the District Work
Page 2
and shall obtain the District's approval of such changes. The District's approval shall not be
unreasonably withheld. The District shall be responsible for all costs incurred, directly or indirectly,
as a result of these or any other changes required or requested by the District.
IV. PAYMENT.
A. The District shall reimburse the City for all costs incurred by the City in
performing the District Work, which costs shall include but are not limited to the District Work
performed by the Project contractor(s), all District requested changes, and the District's cost of the
City services described in Paragraph III (a) herein, and as described in Exhibit B.
B. All payments shall be due from the District to the City within thirty (30) days
after approval by the District's Board of Commissioners of said sums billed to the District. Amounts
unpaid after said due date shall accrue interest at a rate of one (1) percent per month.
v. INDEMNIFICATION AND HOLD HARMLESS.
A. The City agrees to indemnify and hold the District, its elected officials,
officers, employees and agents harmless from any and all claims, demands, losses, actions and
liabilities (including costs and all attorney fees) to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or represen~tives, arising or resulting from, or
connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of
the City, its agents or employees, or by the City's breach of this Agreement.
B. The District agrees to indemnify and hold the Cityr its elected officials,
officers, employees and agents harmless from any and all claims, demands, losses, actions and
liabilities (including costs and all attorney fees) to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or representatives, arising or resulting from, or
connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of
the District, its agents or employees, or by District's breach of this Agreement.
The provisions of this paragraph shall survive the expiration or termination of this Agreement
with respect to any event occurring prior to such expiration or termination.
VI. DURATION.
This agreement shall become effective immediately upon execution by both parties.
This Agreement shall continue in force until either (1) the District rejects all bids or (2) the City
Council accepts the completion of the project, whichever is earlier.
VII. OTHER PROVISIONS.
A. The City shall retain ownership and usual maintenance responsibility for the
roadway, storm drainage system, bridge, landscaping and all other appurtenances related thereto.
B. Upon completion of the construction and City's acceptance of the Project as
fully constructed according to plans, specifications and change orders, the City shall provide a final
Paoe 3
invoice to the District for any final payment due. The District's payment of this final invoice shall, in
effect, transfer ownership of these water and sewer mains and appurtenances to the District and the
District shall thereafter be responSible for maintenance of such facilities.
C. This Agreement contains the entire written agreement of the Parties and
supersedes all prior discussion. This Agreement may be amended only in writing, signed by both
Parties.
D. This Agreement shall be in full force and effect from the date of signature by
all Parties to the date the City completes the Final Inspection upon completion of the Project and
may be extended for additional periods of time upon mutual written agreement of the City and
District. Adherence to deadline dates is essential to the performance of this Interlocal Agreement.
E. Any provision of this Agreementr which is declared invalid, void or illegal shall
in no way affect, impair, or invalidate any other provision hereof and such other provisions shall
remain in full force and effect.
IN CONSIDERA llON of the mutual benefit accruing herein, the Parties hereto agree that the
work, as set forth herein, will be performed by the City under the terms of this Agreement.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day
and year first above written.
CITY OF FEDERAL WAY
LAKEHAVEN UTILTIY DISTRICT
Derek Matheson, Interim City Manager
~--
APPROVED AS TO FORM:
Patricia A. Richardson, City Attorney
APPROVED AS TO FORM:
# fif~
General Counsel, Steven H. Pritchett
ATfEST:
Laura Hathaway, CMC, City Clerk
Page <1
EXHIBIT A
S. 373rd Street Bridge Replacement Project
Water Line Relocation and Sewer Casing Line
Scope of Work
Task 8: Utility Relocation Design
Work to be completed in this task involves preparation of plans, specifications, and opinions of
cost for replacement of the existing 8" AC watermain located on. the north side of 5 373rd Street
that is owned by Lakehaven Utility District (LUD) as well as providing a caSing for a future sewer
line at the stream crossing.
Assumptions:
The scope and fee developed for the utility relocation is based on the following assumptions:
1. The extent of relocation of existing 8" water main will be approximately 420 feet, extending
the entire length of the roadway project limits. The water main will be relocated around the
north of the proposed stream crossing structure and under the proposed channel bed
2. The existing fire hydrant near the proposed crossing structure will be replaced with a new
fire hydrant
3. Casing for a future sewer line at the stream crossing will be provided and will consist of an
8-inch DIP under the stream channel that is capped and plugged at the ends.
8.1 Project Management
CONSULTANT will execute this task, prepare associated invoicing and progress reports, and
perform QA/Qc.
8.2 Utility Coordination
Identify locations for utility potholing for the water main where the utility information compiled
indicates a potential conflict with proposed facilities or where there is insufficient utility
information to continue with the design. CONSULTANT will rely on Lakehaven Utility District to
locate the existing AC water main. WSDOT survey crew will survey the utility information
immediately after locates have been done.
8.3 Utility Plans
Prepare detailed design drawings as necessary for bidding and construction of the utility
relocation. It is assumed that the District's standard fire hydrant detail will be used for the fire
hydrant relocation.
Anticipated Drawing Ust (3 drawinas total):
. Utility Relocation Plan and General Notes
. Watermain Plan And Profile
. Watermain Relocation I)phtils
Page 5
8.4 Specifications
Prepare special provisions per Lakehaven Utility District Standards to supplement the
WSDOT/APWA Standard Specifications for Road, Bridge, and Municipal Construction at the 90%
and 100% levels of design development.
8.5 Quantities and Opinion of Cost
Prepare an opinion of cost for the utility relocation at the 30%,85%, and 100% levels of
completion. The bid items for the water main relocation will be included in a separate bid
schedule.
Deliverables:
The CONSULTANT will assemble and provide the following:
· One (1) set of reproducible half~sized plans and cost estimate at the 30% level of design
development.
· One (1) set of reproducible half-size plans, specifications and cost estimate at the 85%
level of design development.
· One (1) set of reproducible half-size stamped plans, specifications and cost estimate at
the 100% level of design development.
· One (1) set of full size bond prints at the 100% level of completion.
· MS Word files for specifications and special provisions.
Page 6
EXHIBIT B
S. 373rd Street Bridge Replacement Project
Water Line Relocation and Sewer Casing Line
ESTlMA TED DESIGN, CONSTRUCTION, PROJECT ADMINJSTRA TlON AND
CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING LAKEHA VEN UTILITY DISTRICT
UTILITY RELOCA nON AND ADJUSTMENTS
ESTIMATED DESIGN COST
Estimated design costs for Lakehaven utility relocations (CH2M HILL)
$ 18,900
ESTIMATED CONSTRUCTION COSTS
Subtotal Construction
$60,000
$5,300
Sales Tax @ 8.8% of Construction Cost
Subtotal Construction Including Sales Tax
$65,300
Construction Contingency (10% of Construction cost.)
Construction Management (10% of Construction cost.)
$6,500
$6,500
$78,300
$97,200
$4,900
$102,100
ESTIMATED TOTAL CONSTRUCTION COST
ESTIMATED PROJECT COST (Design & Construction)
Project Administration (5% of project cost)
TOTAL ESTIMATED COST
Note: The Agreement will be amended to include amounts to be determined rTBD'),
including estimated design, construction, and project administration costs when the
estimates have been prepared. Costs presented are estimates only. Actual costs incurred
will be used to calculate final cost of Lakehaven Utility District's utility relocation portion for
reimbursement to the City.
Page 7
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
February nod, 2006
Land Use and Tr.ansportation Committe~~.
Derek Matheson, Interim City ManagetlJ(Y ~ _.
Cary M. Roe, P.E., Public Works Director t4t'\
Paul A. Bucich, P.E, Surface Water Manage~
Joe's Creek Habitat Restoration Project -100% Design Status Report & Authorization to Bid
POLICY QUESTION:
Should the Council authorize staff to advertise the Joe's Creek Stream Restoration Project for bid and return to
the Council with bids for award to the apparent low bidder?
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 60 and n-inch diameter pipe will replace an existing
failing storm line from the pedestrian underpass to the creek.
The Council approved the 85% design of the project on December 6, 2005. The project design is completed and
hereby presented for your consideration and approval to bid.
PROJECT ESTIMATED EXPENDITURES:
Design
Year 2006 Construction (Estimate)
10% Construction Contingency
10% Construction Management
Long Term Mitigation Monitoring
TOTAL PROJECT COSTS
$447,745
$1,167,653
$95,893
$106,41 I
$10,000
$1,817,701
AVAILABLE FUNDING:
SURFACE WATER UTILITY
KING COUNTY FUNDING (REET 2)
W ASHlNGTON STATE 2006/07 APPROPRIATION
TOTAL AVAILABLE BUDGET
$750,000
$250,000
$843,160
$1,843,160
03/06/06
Land Use and Transportation Committee
Joe's Creek Habitat Restoration - 100'% design
Page 2
OPTIONS:
1. Authorize Surface Water Management staff to proceed with advertising the Joe's Creek Habitat
Restoration Project and return to the LUTC Committee with bids and a recommendation for award
contingent upon appropriate funding agreements with King County and State Department of Community
Trade and Economic Development (CTED).
2. Do not authorize staff to continue with the project and provide direction to staff.
STAFF RECOMMENDA TION:
Staff recommends forwarding Option 1 to the March 21st, 2006 Council Consent Agenda for approval:
1. Authorize Surface Water Management staff to proceed with advertising of the Joe's Creek Habitat
Restoration Project and return to the LUTC Committee with bids and a recommendation for award.
COMMITTEE RECOMMENDATION:
ForWard the staff recommendation for Option 1 to the March 21 s" 2006 City Council Consent Agenda.
cc Project File
Day File
~
CITY OF~~
Federal Way
DATE:
February 24, 2006
VIA:
Jack Dovey, Chair
Land Usen'ransportation Connnittee (LUTe)
Derek Matheson, Intcr;m Cdy Manag~
Kathy McClung, Director of Community Development Services ~
Margaret H. Clark, AICP, Senior Planner fwv'\<...-
To:
FROM:
SUBJECT:
Selection Process - Amendments to the Comprehensive Plan
MEETING DATE: March 6, 2006
I. POLICY QUESTION
Which of the 12 potential comprehensive plan amendments and rezones should City of Federal
Way staff research further?
II. BACKGROUND
The City accepts applications on a yearly basis for amendments to the Federal Way Comprehensive
Plan (FWCP) text and map. Pursuant to Federal Way City Code (FWCe) Section 22~523, after the
September 30lh 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 UsefTransportation Committee (LUTe), before Council deliberation.
III. COMPREHENSIVE PLAN AMENDMENTS
Changes and updates to the comprehensive plan can be divided into City-initiated changes to
chapters of the comprehensive plan and citizen-initiated requests for changes to comprehensive
plan designations and zoning for specific parcels, which would result in changes to the
Comprehensive Plan Map and Official Zoning Map.
A. Potential Chapter Updates
1. Chapter 2, Land U\'e - Update data and refine goals and polices related to
Neighborhood Business, Community Business, City Center Core, and City Center
Frame zones to support future code amendments related to increased height of buildings.
2. Chapter 5, City Center -Update data and refine goals and polices to support future code
amendments associated with the Planned Action SEP A.
3. Chapter 6. Capital Facilities - Update parks and recreation section of this chapter in
order to incorporate information on new parks and their corresponding acreage, which
will be updated as part of the parks plan update, scheduled for adoption in June 2006.
The Park.., Recreation, and Open Space Plan is considered a functional plan and does
not have to be updated on the same schedule as the comprehensive plan; i.e., it may be
adopted at a different time from the comprehensive plan; however, it does need to be
consistent with the comprehensive plan and is adopted by reference in the appropriate
section of the comprehensive plan.
B. Citizen-Initiated Requests
There are a total of 12 site-specific requests (Exhibit A) for changes to the comprehensive
plan designation and zoning. In September 2004, the City received four site~specific requests
(Exhibits B~E). Due to workload, staff has not initiated any work on these requests to date. In
September 2005, eight additional site-specific requests were received (Exhibits F-M). Staff is
proposing to combine the site-specific requests received in September 2004 (2005
Comprehensive Plan Amendments) with those received in September 2005 (2006
Comprehensive Plan Amendments). By combining the 2005 and 2006 site-specific requests,
we will be able to complete both updates in 2006 and be on schedule for the 2007
Comprehensive Plan Update (deadline for these requests is September 30,2006).
IV. REASON FOR COUNCIL ACTION
Pursuant to FWCC Chapter 22, Article IX, "Process VI Review," the City Council is required to
review all requests concurrently. The first step in the process is a public hearing by the Council, at
which time the Council selects those amendment requests it wishes staff to research further.
Because proposed changes to the chapters of the comprehensive plan are housekeeping in nature
and are intended to either update existing information or to comply with changes in the Growth
Management Act (GMA), they are not being evaluated based on the eight selection criteria.
V. PROCEDURAL SUMMARY FOR COMPREHENSIVE PLAN AMENDMENT PROCESS
March 6, 2006
LUTC Meeting - A summary of all requests will be presented to the LUTC
for a recommendation on which requests should be considered further.
March 21, 20061
Public Hearing by City Council. The City Council shall determine which
requests should be considered further.
I This date will depend on whether the LUTC completes review of all 12 requests on March 6th or if they continue their discussion
10 Iheir next regular meeting on March 20'h
Selection Process ~Amendments to the Comprehensive Plan
Page 2
VI. SUMMARY OF REQUESTS
A composite map showing the location of all site-specific requests is attached as Exhibit A.
2005 Comprehensive Plan Amendment Requests
1. Site~Specific Request #1 - Request from the Quadrant Corporation to change the
comprehensive plan designation and zoning of 19.12 acres located north of South 320th Street
and east of the southerly extension of 32nd A venue South from Office Park (OP) to
Multifamily and RM 2400 (one unit per 2,400 square feet, Exhibit B - Site Map).
2. Site-Specific Request #2 - Request from Terry and Patricia Trimble to change the
comprehensive plan designation and zoning of3.27 acres located south ofSW 316tb Place,
just east of Dash Point State Park, from Single Family Low Density and Suburban Estates/
SE (Single Family, one unit per fIve acres) to Single Family Medium Density and RS 35.0
(Single Family, one unit per 35,000 square feet,Exhibit C - Site Map).
3. Site-Specific Request #3 - Request from Daniel Lee to change the comprehensive plan
designation and zoning of3.12 acres located between 61h Avenue SW and 8th Avenue SW,
southeast of the easterly terminus of SW 360lh Street, from Single Family Medium Density
and RS 15.0 (Single Family, one unit per 15,000 square feet) to Single Family High Density
and RS 9.6 (Single Family, one unit per 9,600 square feet, Exhibit D - Site Map).
4. Site-Specific Request #4 - Request from Gramor Development to change the comprehensive
plan designation and zoning of approximately 4.4 acres located south of South 344th Street and
east of9lh Avenue South from Business Park (BP) to Office Park (OP) (Exhibit E - Site Map).
2006 Comprehensive Plan Amendment Requests
I. Site-Spec!fic Request #5 -- Request from Gary Rodia to change the comprehensive plan
designation and zoning of 2.33 acres located south of SW 356th Street and east of 20th
Avenue SW from Single Family High Density Residential and RS 9.6 (Single Family, one
unit per 9,600 square feet) to Neighborhood Business (BN) (Exhibit F - Site Map).
2. Site-Specific Request #6 - Request from Robert Velasco to change the comprehensive plan
designation and zoning of 0.75 acres located at the northwestern comer of Hoyt Road SW
and SW 340th Street from Single Family High Density Residential and RS 9.6 (Single
Family, one unit per 9,600 square feet) to Professional Office (PO) (Exhibit G - Site Map).
3. Site-Specific Request #7 - Request from Washington Memorial Park to change the
comprehensive plan designation and zoning of the northern portion ofa 1.33 acre-parcel
located south of SW Dash Point Road at 161h A venue SW from Professional Office (PO) to
Neighborhood Business (BN) (Exhibit H - Site Map).
4. Site-Specific Request #8 - Request from Vilma Taylor to change the comprehensive plan
designation and zoning of 0.3 acres located south of South 3041h Street and east of Military
Road South from Single Family High Density Residential and RS 7.2 (Single Family, one
unit per 7,200 square feet) to Neighborhood Business (BN) (Exhibit 1- Site Map).
Selection Process -Amendments to Ihe Comprehensive Plan
Page 3
5. Site~Specijic Request #9 - Request from Linda Yen to change the comprehensive plan
designation and zoning of 16.18 acres located south of South 348th Street and west of Pacific
Highway South from Business Park (BP) to Community Business (Be) (Exhibit J ,.- Site Map).
6. Site-Specijic Request #10 - Request from Lifeway Church to change the comprehensive plan
designation and zoning of 23.18 acres located south of SW 356th Street and west of 1 Sl
Avenue South from Single Family Medium Density Residential and RS 15.0 (Single Family,
one unit per 15,000 square feet) to Single Family High Density Residential and RS 7.2
(Single Family, one unit per 7,200 square feet, Exhibit K - Site Map).
7. Site-Specific Request #11 - Request from Magnum Construction, Inc. to change the
comprehensive plan designation and zoning of 6.4 acres located west of Pacific Highway
South at the western terminus of South 330th Street from a mix of Community Business (Be)
and Office Park (OP) to RM 1800 (Multifamily, one unit per 1800 square feet, Exhibit L-
Site Map).
8. Site-Specffic Request #12 - Request from Waller Road N Associates to change the
comprehensive plan designation and zoning of 8.36 acres located south of South 348lh Street
and east of 151 A venue South from Office Park (OP) to Community Business (Bq (Exhibit M
- Site Map).
VII. BACKGROUND AND STAFF ANALYSIS
A. Site-Specific Request #1 - Quadrant
1. Summary
File Number: 04-103987-UP
Parcel No.'s: See below
Parcel No. Acres Address Owner Existing Land Use Existing Comp
Plan/Zoning
551560-0005 2.41 3202 S 320th St Weycrhaeuscr Real Vacant Office Park/OP
Estate Corp
551560-0010 2.57 3210 S 320th St WeyerhaeuseT Real Vacant Office Park/OP
Estate Corp
551560-0015 2.57 3500 S 320th St W cyerhaeuscr Real Vacant Office Park/OP
Estate Corp
551560-0020 2.57 3550 S 3201h St Weyerhacuser Real Vacant Office Park/OP
Estate Corp.
551560-0026 1.29 3600 S 320th St Weyerhaeuser Real Vacant Office Park/OP
Estate Corp
-
551560-0025 1.38 3620 S 320th St Weyerhacuser Real Vacant Office Park/OP
Estate Corp
Selection Process -Amendments to the Comprehensive Plan
Page 4
-
Parcel No. Acres Address Owner Existing Land Use Existing Comp
Plan/Zoning
-. .,,_.~~- -"-
551560-0030 2.75 3620 S 320'h St Weyerhacuser Real Vacant Office Park/OP
Estate Corp
551560-0035 L61 3702 S 320th St Weyerhaeuser Real Vacant Office ParklOP
Estate Corp
551560-0091 0.72 31800 32nd PI SW Weyerhaeuser Real Vacant Office Park/OP
Estate Corp
--
551560-0090 1.25 31800 32nd PI SW Quadrant Corp Vacant Office ParklOP
--- ,...~---'---
Total 19.12
Address:
Location:
Size:
Existing Land Use:
Applicant:
Owner:
Request:
Existing
Comprehensive Plan:
Existing Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
2. Background
See above
North of South 320lh Street and east of the southerly extension
of 32nd Avenue South (Exhibit B)
See above
See above
Wally Costello
The Quadrant Corporation
Request to change the comprehensive plan designation and
zoning from Office Park (OP) to RM 2400 (Multifamily, one
unit per 2,400 square feet)
Office Park
Office Park (OP)
Multifamily
RM 2400 (Multifamily, one unit per 2,400 square feet)
The applicant, Wally Costello on behalf of the Quadrant Corporation, is requesting a
multifamily comprehensive plan designation and zoning in order to construct single-
family dwelling units on 2,400 square foot lots. The code does not presently allow
detached fee-simple dwelling units on less than a 5,000 square foot lot in multifamily
zones, regardless of the underlying density of the zone. However, it allows attached,
detached, or stacked dwelling units with the density of the underlying zoning, which
would allow three dwelling units on a 7,200 square foot lot in an RM 2400 zone. These
units could not be sold as fee-simple 2,400 square foot lots but could only be sold
individually as condominiums with the land held in common ownership. On December
6, 2005, the City Council gave staff direction to draft a code amendment to allow 2,400
square foot fee-simple lots in an RM 2400 zone.
The applicant has submitted a conceptual plan (Exhibit N), which shows how the 19.12
acre site might be subdivided with RM 2400 zoning and a minimum lot size of 2,400
square feet.
Selection Process -Amendments to the Comprehensive Plan
Page 5
S uare Feet
320,098
114,955
60,492
140,351
209,063
844,959
% of Site
38
14
7
16
25
100
117 Lots
o en S ace
Detention .Facilities
Wetland and Buffer
Ri ht-of-wa
The site is presently vacant and undeveloped. As shown on Exhibit 0, existing land uses
and zoning in the general vicinity include residential and office. South King County Fire
and Rescue Station No. 64 is located to the southeast of the site. The BP A easement runs
diagonally through the northwestern portion of the site. Access would be from South
320th Street, a principal arterial, which forms the southern border of the site and from 32nd
A venue South, which is presently an unopened right-of-way. A wetlands study prepared
for a previous development on the site identifies two wetlands on the eastern portion of
the site, and a small isolated wetland within the western central portion ofthe site.
To the north of the site is a mix of King County Office (O-P) and Multifamily (R~18~P)
zoning. To the west of the site is King County Office (O~P) and Business (CB) zoning.
To the east is King County Multifamily (R -18-P) zoning and to the south of the site
across South 320th Street is Federal Way Office Park (OP-l) 1 zoning. The areas
presently under King County zoning is located within the Federal Way Potential
Annexation area (PAA), and once annexed would receive Federal Way comprehensive
plan designations and zoning, as adopted in the 2005 Potential Annexation Area and
Sub-Area Plan, of Community Business (Bq with a development agreement west of the
site, Single Family High Density and RS 9.6 (Single Family, one unit per 9,600 square
feet) north and northeast ofthe site, and Multifamily and RM 2400 (one unit per 2400
square feet) east of the site.
B. Site-Specific Request #2 - Trimble
1. Summary
File Number:
Parcel No.:
Address;
Location:
Size:
Existing Land Use:
Applicant:
Owner:
Request:
04-103994~UP
102103-9017
5445 SW 316th Place
South of SW 316th Place, just east of Dash Point State Park
(Exhibit C)
3.27 acres
Single family home
Terry L. and Patricia 1. Trimble
Same as Applicant
Request to change the comprehensive plan designation and
zoning from Single Family Low Density and Suburban
Estates/SE (Single Family, one unit per five acres) to Single
Family Medium Density and RS 35.0 (Single Family, one unit
per 35,000 square feet)
2'Ibere is a difference of 58 square feet between Ihis total area and the area shown on Exhibit N due to rounding.
Selection Process -Amendments to the Comprehensive Plan
Page 6
Existing
Comprehensive Plan:
Existing Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
2. Background
Single Family Low Density
Suburban Estates/SE (Single Family, one unit per five acres)
Single Family Medium Density
RS 35.0 (Single Family, one unit per 35,000 square feet)
The existing use on this property is one single-family home located on a 3.27-acre lot.
This lobs zoned Suburban Estates (SE), requiring five acres per unit. The requested
zoning change to RS 35.0 would allow the Trimbles to subdivide into potentially four
lots, although they have expressed intent to subdivide into only two lots in order to
retain the character of the immediate neighborhood. The property is heavily wooded,
and there appears to be no environmental constraints (Exhibit P). Access to the site is
from SW 3161h Place to the north, a two-lane road with no sidewalks.
Dash Point State Park is located to the west and south. To the east are two parcels
(# 1 021 03-9028 and # 102103-9049), which are also zoned SE and are 1.03 acres and
0.93 acres, respectively, in size. The parcels to the north and east of these parcels are
zoned RS 9.6 (Single Family, one unit per 9,600 square feet per unit, Exhibit P). Prior to
the City's incorporation in February 1990, the Trimbles' parcel (#102103-9017) and the
two adjacent SE zoned parcels to the east (# 102103-9028, and # I 021 03-9049) were
zoned RS 9.6 by King County. Mr. Trimble has approached these two property owners
about whether they would like to join him in requesting a comprehensive plan
amendment from Single Family Low Density to Single Family Medium Density. They
have not responded to date.
C. Site-Specific Request #3 ~ Lee
1. Summary
File Number:
Parcel No.:
Address:
Location:
Size:
Applicant:
Owner:
Request:
04-104013-UP
302104-9051
36027 6th A venue SW
Between 6th Avenue SW and 81h Avenue SW, southeast of the
easterly terminus of SW 360th Street (Exhibit D)
3.14 acres
Daniel Lee
Same as Applicant
Request to change the comprehensive plan designation and
zoning from Single Family Medium Density and RS 15.0
(Single Family, one unit per 15,000 square feet) to Single
Family High Density and RS 9.6 (Single Family, one unit per
9.600 square feet)
Selection Process "-Amendments to the Comprehensive Plan
Page 7
Existing
Comprehensive Plan:
Existing Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
Single Family Medium Density
RS 15.0 (Single Family, one unit per 15,000 square feet)
Single Family High Density
RS 9.6 (Single Family, one unit per 9,600 square feet)
2, Background
The applicant, Mr. Lee, is requesting a change from Single Family Medium Density and
RS 15.0 (SingIc Family, one unit per 15,000 square fcet) to Single Family High Density
and RS 9.6 (Single Family, one unit per 9,600 square feet). The subject parcel
(#302104-9051) is 3.12 acres in size and has an older house, a detached garage, and
accessory structures on it (Exhibit Q). The property is accessed from 6th Avenue SW,
which is a two-lane road without sidewalks immediately in front of this property.
Sidewalks have been installed on the west side of 6th A venue South as part ofthe
Rosewood subdivision, located just to the south of Mr. Lee's property. Mr. Lee is
requesting a higher density because recent residential developments have extended
sewer to the area, which will allow for more intensive development (Exhibit R).
As can be seen in Exhibit Q, existing properties to the north and east are also zoned RS
15.0 and are developed with low-density single-family development. The subdivision to
the south (Rosewood) is zoned RS 15.0 and was developed in 2002 and 2003 with nine
homes. The subdivision to the west, (Silverwood) abutting the backside of the subject
property, is zoned RS 9.6. 'Ibis subdivision is located along the eastern edge of a larger
contiguous area zoned RS 9.6. Abutting Rosewood to the south is Sterling Woods, a 10-
lot subdivision with RS 15.0 zoning, currently under review by the City.
Staff has reviewed the area south of South 356th Street shown on Exhibit S. There are
large areas south of South 356th Street that were zoned RS 15.0 at the time that the City
incorporated in 1990. Since that time, the City has increased density from RS 15.0 to RS
9.6 for two areas, the Silverwood and Brighton Park subdivisions, due in part to the
availability of sewer. As part of this comprehensive plan amendment cycle, the Lifeway
Church (Site-Specific Request No. 10) is requesting a comprehensive plan amendment
for 23.42 acres located south ofSW 356th Street and west of}st Avenue South from
Single Family Medium Density Residential and RS 15.0 (Single Family, one unit per
15,000 square feet) to Single Family High Density Residential and RS 7.2 (Single
Family, one unit per 7,200 square feet).
lbis area of lower density zoning occurs on both the east and west side of 1 sl Avenue
South. However, thcre are major environmental and ownership differences between the
two areas. The area east of 1 st Avenue South is characterized by the Hylebos Wetlands
and associated streams. In addition, there are many parcels that are either publicly
owned or are intended as wetland mitigation for development elsewhere in the drainage
basin. As a result, staff recommends that neither Site-Specific Request No.3 (Lee) nor
Site-Specific Request No. 10 (Lifeway Church) be considered further this year, but be
studied along with similarly zoned properties for possible inclusion in a comprehensive
plan amendment and rezone to higher density to be processed as part ofthe 2007
Comprehensive Plan Amendment Process.
Selection Process -Amendments to the Comprehensive Plan
Page 8
D. Site-Specific Request #4 - Gramor
1. Summary
File Number: 06-100593-00-UP3
Parcel No's: See below
Parcel No. Acres Address Owner Existing Land Use Existing Comp
Plan/Zoning
926480-0060 2.14 34210 91h Ave S Fedway Assoc Vacant Business ParkIBP
926480-0070 2.26 34520 9th Ave S Fedway Assoc Vacant Business ParklBP
Total 4.4
Address:
Location:
Size:
Existing Land Use:
Applicant:
Owner:
Request:
Existing
Comprehensive Plan:
Existing Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
2. Background
See above
South of South 344th Street and east of9t!J Avenue South
(Exhibit E)
See above
See above
John Graham
See above
Request to change the comprehensive plan designation and
zoning from Business Park (BP) to Office Park (OP)
Business Park
Busincss Park (BP)
Office Park
Office Park (OP)
The applicant, John Graham, is requesting Office Park (OP) zoning for these two
parcels because in his opinion the Business Park (BP) zoning is too restrictive to support
many business park and medical users interested in the area (Exhibit 1). Presently, office
use may not exceed 50 percent or more of the total gross floor area of all buildings on
any parcel that is two acres or greater in size. Office use may utilize 100 percent of a
building located on any parcel that is less than two acres in size, provided that the lot
was legally created prior to March 1, 1990, and the applicant has not owned any
contiguous lot or lots since March I, 1990.4
3This application was received September 30, 2004, but was not assigned a file number until later.
4 A code amendment was adopted in July 2003 to allow additional office use in the BP zone. Prior to the amendment, office
development was allowed only as an accessory use.
Page 9
Selection Process -Amendments to the Comprehensive Plan
These parcels are located along 91h Avenue South, east of St. Francis hospital. Access
for both parcels would be from 9th A venue South, although the northern parcel may also
be able to obtain access from South 344th Street to the north. Zoning on the west side of
91h A venue is OP and zoning to the north, south, and east of these two parcels is BP
(.exhibit U). The Public Academy, a college preparatory school for grades six through
ten, is located to the south and is also zoned BP. However, the parcel south of the Public
Academy, located on the northeastern comer of 9th A vcnuc South and South 3481h Street
is zoned OP.
The July 2000 Market Analysis found that between 2000 and 2020, there would be
demand for 11 to 13 percent of available BP zoned land. At that time the Market
Analysis showed 203 acres of vacant land in the BP zone, which was equivalent to a
demand for 22 to 26 acres over a 20-year period. As of July 200 I, the City had
approximately 166 acrcs of vacant BP zoned land and as of February 2006, there are 94
acres of BP zoned land, much of which is constrained by wetlands. The reduction in the
BP zoned land to a large extent has occurred due to rezoning from BP to another zoning
designation and not as a result of development as BP uses.
While it appears that there has been limited demand for light manufacturing and
warehouse/distribution development, there is also limited potential to site such
development in the City of Fedcral Way due to diminishing acres of vacant BP zoned
land. Based on the location of these two parcels in close proximity to St. Francis
hospital, staff would recommend that the request for OP zoning be approved, only if the
Public Academy joined in the request for an OP designation. Without the Public
Academy parcel, these two parcels, if rezoned to OP, would be surrounded on three
sides, to the north, south, and east by BP zoning.
E. Site-Specific Request #5 ~ Rodia
1. Summary
File Number: 05-1040ll~UP
Parcel No's: See below
Parcel No. Acres Address Owner Existing Existing Comp Plan/Zoning
Land Use
1909 SW 3561h St Single Family High Density
2521 03~9004 1.52 Gary Rodia Single Family Residentiall RS 9.6 (Single Family,
one unit per 9,600 square feet)
Single Family High Density
252103-9015 0.81 1901 SW 3561b St Gary Rodia Single Family Residentiall RS 9.6 (Single Family,
one unit per 9,600 square feet)
~-~ ._.'--"~-' '_~r_~~~'~
Total 2.33
Selection Process -Amendments to the Comprehensive Plan
Page 10
Address:
Location:
Size:
Applicant:
Owner:
Request:
See above
South of SW 356'h Street and cast of 20lh A venue SW (Exhibit F)
See above
See above
Same as applicant
Request to change the comprehensive plan designation and
zoning from Single Family High Density Residential and RS
9.6 (Single Family, one unit per 9,600 square feet) to
Neighborhood Business (BN)
Single Family High Density Residential
RS 9.6 (Single Family, one unit per 9,600 square feet)
Comprehensive Plan:
Existing Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
Neighborhood Business
Neighborhood Business (BN)
2. Background
The applicant, Mr. Rodia, is requesting that 2.33 acres be redesignated from Single
Family High Density Residential and RS 9.6 (Single Family, one unit per 9,600 square
feet) to Neighborhood Business (BN). As shown on Exhibit V, this site is located to the
east and southeast of an existing Neighborhood Business (BN) node (Area 3), which is
approximately 17 acres in size. To the north across SW 3561h Street and immediately to
the south and east are residentially zoned properties. The site has access from both SW
3561h Street, a major arterial, and 20th Avenue SW, a local street.
There are currently 14 areas designated BN in the City of Fcdcral Way. The following is
a list of the 14 BN zoned areas in Federal Way by location and acreage. The areas are
shown by number on Exhibit W:
Area Location Acreage
I 21st Ave SW and SW Campus Dr/SW 3361h St 45.57
2 S 2881h St and Military Rd S 19.47
3 21st Ave SW and SW 356th St 17.12
4 SW Dash Point Rd and SW 3121b StJ21 Sl Way SW 8.28
5 SW 340th St and Hoyt Rd SW 6.94
6 SW 3121b St and Is1 Ave S 4.48
7 SW 312th St and 8th Ave S 3.12
8 1s1 Ave Sand SW 330th St 2.22
9 SW 320th St at SW 323rd St 2.15
10 I sl Ave Sand S 3481h StJSW Campus Dr 1.72
11 SW 320th St and 47th Ave SW 1.44
Selection Process -Amendments to the Comprehensive Plan
Page II
~~,~..
Area Location
12 1st Way Sand S 3380. St
.,~-,-
13 S 320th StlPeasley Canyon Rd and Mi
. .~-~~~.~~,-~~~~-
14 S Dash Point Rd west of Redondo W-
...,~..,---_.
Total
~-"
Acreage
litary Rd
ay S
0.98
0.88
0_23
114.60
The 14 areas designated BN occupy approximately 115 acres. The size ofthese
neighborhood business centers ranges from approximately 46 acres (Area 1) to
approximately one-quarter acre (Area 14). The average size (not including the largest
and smallest sites) is approximately six acres. However, it should be noted that nine of
the 14 sites are less than five acres. The average size of those sites less than five acres is
approximately two acres.
BN Land Use
Single Family Other
7% 1%
Office
10% '\
Retail/
Restaurant
71%
Gas/Service
Station
11%
Approximately 24 acres (21 percent) ofthe 115 acres are presently vacant. For the
developed land area, which is 79 percent of the total BN zoned area, the predominant
land use is retail and restaurant uses at 71 percent of the developed land. The second
most common use is gas/service stations at 11 percent, followed by office at 10 percent
and single family residential at seven percent.
While there is a lot of commercially zoned land in the City, the BN zoned land is
nearing buildout. Today, approximately 24 acres (21 percent of the total BN zoned land)
is vacant. However, there may be additional available capacity due to rcdcvelopment or
intensification of existing older BN zoned areas. As can be seen on Exhibit X, at this
Selection Process -Amendments 10 the Comprehensive Plan
Page I 2
particular location, 6.94 acres (41 percent) of the area is vacant' and 2.22 acres (13
percent) can be classified as redevelopable.6 As a result, there does not appear to be a
need for additional BN zoned land at this particular location.
1<'. Site-Specific Request #6 - Velasco
1. Summary
.File Number:
Parcel No.:
Address:
J~ocation:
Size:
Applicant:
Owner:
Request:
Existing
Comprehensive Plan:
Existing Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
2. Background
05-104580-UP
921152-0590
No site address
Northwest comer of Hoyt Road SW and SW 340th Street
(Exhibit G)
0.75 acre
Robert Velasco, Jr.
Same as applicant
Request to change the comprehensive plan designation and
zoning from Single Family High Density Residential and RS 9.6
(Single Family, one unit per 9,600 square feet) to Professional
Office (PO)
Single Family High Density Residential
RS 9.6 (Single Family, one unit per 9,600 square feet)
Professional Office
Professional Office (PO)
The applicant, Dr. Velasco, is requesting a Professional Office (PO) designation in order
to construct a medical clinic. This parcel is Tract F of Wedge wood West, a single-family
subdivision recorded in 1988. Dr. Velasco purchased the property in 1991. The parcel,
which is currently heavily wooded, has never been developed for residential pmposes,
due in part to being bordered by SW 340th Street and Hoyt Road SW, arterial streets on
two of its three sides (Exhibit Y). The parcel is located at the tip ofthe cuI-de-sac, which
is the highest point in the subdivision. The applicant has stated that the land is currently
not usable as residential property due to the traffic constraints and safety factors.
Adjacent uses to the northwest are single-family houses within the Wedgewood West
subdivision. Across Hoyt Road to the east is also single-family housing. Across SW
340th Street to the south is a Neighborhood Business (BN) zone developed with a
Chevron Gas Station and Northshore Market. The property on the southwestern comer
of SW 3401h Street and Hoyt Road is also zoned BN and has recently been developed as
the Hoyt Road Retail Center.
5Yacant land is defined as parcels where the improvement value is less than $1,000.
6Redeve1opable land is defined as parcels where the value of the improvement is worth less than 50 percent of the land value.
Page 13
Selection Process -Amendments to the Comprehensive Plan
G. Site-Specific Request #7 - Washington Memorial Park
J. Summary
File Number:
Parcel No.:
Address:
Location:
Size:
Applicant:
Owner:
Request:
Existing
Comprehensive Plan:
Existing Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
2. Background
05+ 1 04692-UP
072104-9218
1535 SW Dash Point Road
South ofSW Dash Point Road at 16lh Avenue SW (Exhibit If)
1.33 acres
Cameron Smock
Washington Memorial Park and Mortuary Inc.
Request to change the comprehensive plan designation and
zoning of the northern portion of a 1.33 acre-parcel located south
of SW Dash Point Road at 16lh A venue SW from Professional
Office (PO) to Neighborhood Business (BN)
Professional Office
Professional Office (PO)
Neighborhood Business
Neighborhood Business (BN)
On behalf of Washington Memorial Park and Mortuary Inc., the applicant, Cameron
Smock, has requested a change in comprehensive plan designation and zoning of the
northern portion of a 1.33 acre-parcel located south of SW Dash Point Road at 16th
A venue SW from Professional Office (PO) to Neighborhood Business (BN). lbe
funeral home has access from SW Dash Point Road. lbe underlying 1.33 acre-parcel
presently has split zoning of PO in the northern portion of the site and BN in the
southern portion ofthe site (Exhibit Z). The Bonney Watson Funeral Home has been at
this location since 1989, prior to incorporation of the City of Federal Way. 'Ibis portion
of the parcel was zoned RM 900-P, with the remainder ofthe site zoned as BN-P under
King County. The King County RM 900-P permitted funeral homes as a conditional
use. Funeral homes are not a permitted use in the Federal Way PO zone. In September
2005, the City Council adopted a code amendment to allow funeral homes in the BN
zone. Granting a comprehensive plan and zoning designation of Neighborhood Business
(EN) for this portion of the parcel would allow a nonconforming use to become
conforming and eliminate the split zoning of the underlying parcel.
H. Site-Specific Request #8 - Taylor
J. Summary
File Number:
Parcel:
05-104965-00-UP
401320-0006
Selection Process -Amendments to the Comprehensive Plan
Page 14
Address:
Location:
Size:
Applicant:
Owner:
Request:
Existing
Comprehensive Plan:
Existing Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
2. Background
30432 Military Road South
South of South 3041h Street and east of Military Road South
(Exhibit f)
0.3 acres
Vilma Taylor
Same as Applicant
Request to change the comprehensive plan designation and
zoning from Single Family High Density Residential and RS 7.2
(Single family, one unit per 7,200 squarc feet) to Neighborhood
Business (BN)
Single Family High Density Residential
RS 7.2 (Single family, one unit per 7,200 square feet)
Neighborhood Busincss
Neighborhood Business (BN)
The applicant, Vilma Taylor, is requesting a comprehensivc plan and zoning designation
of Neighborhood Business (BN) in order to make a nonconforming business
conforming. Existing uses in this area include two nonconforming uses-Pat's
Plumbing, a business providing offsite plumbing services, and Vilma's Signs, a retail
establishment selling signs with accessory sign manufacturing. The use conducted by
Pat's Plumbing is not allowed in the BN zone.
The property directly to the north has a single-family home on it and is zoned RS 7.2
(Single Family, one unit per 7,200 square feet). There are also residential uses to the
west across Military Road, a major arterial. To the east is 1-5 and to the south is Military
Road. As can be seen on Exhibit AA, the business is located on a triangular piece of land
located between 1-5 and Military Road, a principal arterial; the use is accessed from
Military Road. The City's permit system references Vilma's Signs as an existing home
occupation since 1993.
I. Site-Specific Request #9 - Yen
1. Summary
File Number:
Parcel:
Address:
Location:
Size:
Applicant:
Owner:
05~ 105022-00--UP
2021049027
No site address
South of South 3481h Street and west of Pacific Highway South
(Exhibit 1)
16.18 acrcs
Linda Yen
Seven & SixteenIY en
Selection Process ..Amendments to the Comprehensive Plan
Page 15
Request:
Rcquest to change the comprehensive plan designation and
zoning from Business Park (BP) to Community Business (Be)
Existing
Comprehensive Plan:
Existing Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
Business Park
Business Park (BP)
Community Business
Community Business (BC)
2. Background
Linda Yen is applying for a change in comprehensive plan designation and zoning from
Business Park (BP) to Community Business (BC) on behalf of her clients, Seven and
SixteenlY en. In her application, she states that they have been unable to sell the property
and they are loosing money on this investment. She further states that buyers are more
interested in BC zoned properties (Exhibit AB).
Parcels both to the north and south of this site are zoncd BP. Property to the west is
zoned Suburban Estates/SE (Single Family, one unit per five acres). Properties across
Pacific Highway to the east are zoned Be. None of the properties in this immediate
vicinity have been rezoned since the last major citywide rezoning in August 1996. The
subject property presently has four rental units on it. The property to the north is thc
Wright Company, adjacent to Pacific Highway with the South 348th Street Park and Ride
to the west of the Wright Company. Horizon Mortgage is located to the southeast of the
site and there is vacant land immediately to the south and west. There is BC zoning to the
east across Pacific Highway South. Commercial businesses include United Rentals with
the Federal Way Crossing, a commercial shopping center currently under construction.
Access to the Yen site is from Pacific Highway South (Exhibit AC). As shown on Exhibit
J, there is a Class I wetland on the western and southwestern portion of the site.
At the same time that the 2000 Market Analysis was prepared, the City had 103 acres of
vacant BC zoned land and this Analysis projected a 20-year absorption rate of 48 percent,
which would amount to approximately 49 acres, leaving excess capacity of 54 acres. The
City's BC zoned land has increased since 2000 due to rezoning of parcels from other
designations to Be. As a result, as of February 2006, there are approximately 147 vacant
acres with approximately 54 acres under construction. These numbers do not reflect
existing developed land with vacant buildings in the Be zone. If the Market Analysis
projections were still valid, there would not appear to be a need for additional BC zoned
land. In addition, this area is not envisioned for Community Business in the cxisting
comprehensive plan.
J. Site-Specific Request #10 - Lifeway Church
1. Summary
File Number: 05-105061-00--UP
Parcel No's: See below
Selection Process -Amendments to the Comprchensive Plan
Page 16
-
Parcel No. Acres Address Owner Existing Existing Comp Plan/Zoning
Land Use
1----------.....-. .. ._~, ",_.~~
Lifeway Single Single Family Medium Density
3021049021 4..77 225 SW 356th St Residential/RS 15.0 (Single Family,
Church Family one unit per 15,000 squarc feet)
-,.~ ....~
Lifeway Single Single Family Medium Density
302104 9058 4.02 215 SW 356th St ResidentiallRS 15.0 (Singlc Family,
Church Family one unit pcr 15,000 square feet)
---.
Lifeway Single Single Family Medium Density
302104 9082 0.79 203 SW 356th St Residential/RS 15.0 (Single Family,
Church Family one unit per 15,000 square feet)
Nehemiah Single Single Family Medium Density
302104 9020 9.66 157 SW 356lb St Residential/RS 15.0 (Single Family,
Group LLC Family one Wlit per 15,000 square feet)
Nehemiah Single Single Family Medium Density
3021049036 3.77 119 SW 356lb St Residential/RS 15.0 (Single Family,
Group LLC Family one unit per 15,000 square feet)
Nehemiah Single Single Family Medium Density
3021049118 0.41 121 SW 356tb St ResidentiaVRS 15.0 (Single Family,
Group LtC Family one unit per 15,000 square feet)
Total 23.42
Address:
Location:
Size:
Existing Land Use:
Applicant:
Owner:
Request:
Existing
Comprehensive Plan:
Existing Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
2. Background
See above
South ofSW 3561h Street and west of Isl Avenue South (Exhibit 10
See above
See above
Lifeway Church
See above
Request to change the comprehensive plan designation and
zoning from Single Family Medium Density Residential and
RS 15.0 (Single Family, One unit per 15,000 square feet) to
Single Family High Density Residential and RS 7.2 (Single
Family, one unit per 7,200 square feet)
Single Family Medium Density Residential
RS 15.0 (Single Family, one unit per 15,000 square feet)
Single Family High Density Residential
RS 7.2 (Single Family, one unit per 7,200 square feet)
Giles Hulsman is requesting a comprehensive plan amendment and rezone on behalf of
Lifeway Church, to Single Family High Density Residential and RS 7.2 (Single Family,
one unit per 7,200 square feet). In the application, Mr. Hulsman states that sanitary
Selection Process -Amendments to the Comprehensive Plan
Page 17
sewer service has been extended to 2nd Avenue South and is available to sustain the
rezone to RS 7.2 (Exhibit AD). The sitc is located on the southwestern comer of SW
356th Street and 1st Avenue South. Parcels to the west and south are also zoned RS 15.0.
Parcels to the north across South 3561h are zoned a combination ofRS 9.6 and RS 7.2,
Parcels to the east across I st Avenue South are zoned a mix ofRS 7.2 and RS 15.0.
Access to the site would be from both South 356th Street and I st Avenue South.
There are presently single-family residences on all ofthc underlying lots. There are also
single-family residential development to the east and west, Ilahee Middle School to the
south, and Village Green Retirement homes to the north (Exhibit AE). As discussed
under Site~Specific Request #3 (Lee), and shown in Exhibit S, there are areas oflower
density zoning on both the east and west side of 1 st A venue South. Due to the increasing
pressure for development in the lower density zoned areas west of 1 sl Avenue South,
staff recommends that neither Site-Specific Request No.3 (Lee) nor Site-Specific
Request No.1 0 (Lifeway Church) be considered further this year, but be studied along
with similarly zoned properties for possible inclusion in a comprehensive plan
amendment and rezone to higher density to be processed as part of the 2007
Comprehensive Plan Amendment Process.
K. Site-Specific Request #11 - Magnum Construction
1. Summary
File Number: 05-10S065-00-UP
Parcel No's: See below
Parcel No. Acreage Address Owner Existing Existing Comp Plan/Zoning
Land Use
..
172104-9046 0.62 33005 151h Ave S Kowa 90 LLC Single Family Community Business/BC
172104-9057 0.31 33040 151h Ave S Kowa 90 LLC Vacant Community Business/BC
172104-9028 0.31 33015 15th Ave S Kowa 90 LLC Single Family Community Business/BC
172104-9090 0.33 33070 15th Ave S Kowa 90 LLC Vacant Conununity Business/BC
. -
172104-9030 0.29 33023 151h Ave S Kowa 90 LLC Single Family Community BusinesslBC
172104-9074 0.58 1411 S. 330th St. Kowa 90 LLC Vacant Community Business/BC
172104-9019 0.64 33002 15th Ave S Kowa 90 LLC Vacant Community Business/BC
172104-9051 1.26 33061 15d. Ave S Kowa 90 LLC Vacant Office ParklOP
172104-9034 2.06 1403 S 330th St Steve Varga Vacant Office ParklOP
Total 6.4
Size:
See above
West of Pacific Highway South at the western terminus of
South 3301h Street (Exhibit L)
See above
Address:
Location:
Selection Process -Amendments to the Comprehensive Plan
Page I 8
Applicant:
Owners:
Request:
Existing
Comprehensive Plan:
Existing Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
2. Background
Evan Hunden, Magnum Construction
See above
Request to change the to change the comprchcnsive plan
designation and zoning from a mix of Community Business
(Be) and Office Park (OP) to RM 1800 (Multifamily, one unit
per 1800 square feet)
Community Business and Office Park
Community Business (Be) and Office Park (OP)
Multifamily
RM 1800 (Multifamily, one unit per 1800 square feet)
Evan Hunden is requesting a comprehensive plan amendment and rezone from a mix of
Community Businesss (Be) and Office Park (OP) to RM1800 (Multifamily, one unit
per 1800 square feet) in order to construct a tax-exempt bond multifamily project, which
will offer rental properties at less than market rate.
Parcels to the north are zoned a mix of OP and BC, parcels to the south and east are
zoned BC, and parcels to the west are zoned OP. The site is located to the east of
Celebration Park, south of the Church of Blessing and Celebration Park, and west ofthe
Yamaha Dealership (1!.xhibit AF). The land uses on the subject site are a mix of single-
family and vacant. Access to the site would be from South 3301h Street.
L. Site-Specific Request #12 - Waller Road IV, Associates
1. Summary
File Number:
Parcel:
Address:
Location:
Size:
Existing Land Use:
Applicant:
Owner:
Request:
Existing
Comprehensive Plan:
Existing Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
05-105078-00-UP
202104-9016
34904 4th Avenue South
South of South 348lh Street and east of 1 st Avenue South
(Exhibit M)
8.36 acres
Vacant
Leo "Kip" Lange
Waller Road IV Associates
Request to change the to change the comprehensive plan
designation and zoning from Office Park (OP) to Community
Business (Be)
Office Park
Office Park (OP)
Community Business
Community Business (Be)
Selection Process -Amendments to the Comprehensive Plan
Page 19
2. Background
John Xitco is applying for a change in comprehensive plan designation and zoning from
Office Park (OP) to Conununity Business (BC). His company, Waller Road Associates
IV, would like to construct a mixed-use pedestrian friendly urban village, comprised of
office, retail, and possibly residential uses.
There is a BC zoned parcel (WINCO and associated retail development) to the northwest
of this parcel. Although zoned DC, the uses on the WINCO site are restricted to those
allowed in the Neighborhood Business (BN) zone based on a settlement agreement
entered into between the City and the owner and developer (Quadrant Corporation and
Western Securities, Ltd) in 1991. Zoning to the north across South 34Sth Street is a mix
ofBN, RM 1S00 (Multifamily), and OP. Zoning to the east is a mix ofOP and Suburban
Estatcs/SE (Single Family, one unit per five acres). Zoning to the south is OP and zoning
to the west across 151 Avenue South is RM 2400 (Multifamily).
The subject property is presently vacant; however, a detention pond has been constructed
on site in conjunction with a binding site presently under rcvicw by the City. Land uses to
the north are a mix of office and multifamily apartments. The property to the east is
vacant with the Hylebos State Park further to the south. Property to the south is vacant
and there are apartments to the west across 1 Sl A venue South (Exhibit A G). Access is
available from both South 34Sth Street and 1 sl Avenue South. As shown on Exhibit M, a
portion of the Hylebos Wetlands is located on the southeastern portion ofthc site.
As discussed under Site-Specific Request #9, ifthc Market Analysis projections are still
valid, there would not appear to be a need for additional BC zoned land. In addition, this
area is not envisioned for BC in the existing comprehensive plan_
VII. 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
Request Response
Site-specific Request #1 --Quadrant This property was annexed in December 1998 per Ordinance 98-
330. At that time, it was given a comprehensive plan designation
of Multifamily and zoning ofRM 3600, with a development
Selection Pmeess -Amendments to the Comprehensive Plan
Page 20
~-~~
Request
Response
._.'".._--~-
agreement limiting the density to six units per acre, which would
have allowed 82 residential units. Quadrant later applied for an
Office Park comprehensive plan designation and zoning as part of
the 1999 Comprehensive Plan Update and was granted thcsc
designations per Ordinance 00~372 in September 2000_
Request #2 - Trimble
A request for a change in comprehensive plan designation and
zoning from Singlc Family Low Density and Suburban Estates/SE
(Single Family, one unit per five acres) to Single Family Medium
Density and RS 35.0 (Single Family, one unit per 35,000 square
feet) for this parcel was previously analyzed as part of the 2003
Comprehensive Plan amendments. At the Selection Process public
hearing on November 18,2003, the City Council detenruned that
the request should not be considered further.
A request for a change in comprehensive plan designation and
zoning from Single Family Medium Density and RS 15.0 (Single
Family, one unit per 15,000 square feet) to Single Family High
Density and RS 9.6 (Single Family, one unit per 9.600 square feet)
for this parcel was previously analyzed as part of the 2003
Comprehensive Plan amendments. At the Selection Process public
hearing on November 18, 2003, the City Council determined that
the request should not be considered further.
A request for a change in comprehensive plan designation and
zoning has never been submitted for these parcels.
Request #3 - Lee
Request #4 - Gramor
Request #5 - Rodia
A request for a change in comprehensive plan designation and
zoning has never been submitted for these parcels.
A request for a change in comprehensive plan designation and
zoning has been submitted three times before for this parcel.
Request #6 - Velasco
As part of the 1995 Comprehensive Plan Update, the applicant
requested a change in comprehensive plan designation and zoning
from Residential to Neighborhood Business. The Council denied
this request. A request for Neighborhood Business zoning was
submitted for this parcel as part of the 1999 Comprehensive Plan
Update. This request went forward for further review at the
Selection Process stage; however, it was denied by the Federal
Way City Council at their September 5,2000, public meeting. As
part of the 2003 Comprehensive Plan Update, the applicant
requested a change in comprehensive plan designation and zoning
from Single Family High Density and RS 9.6 (Single Family, one
unit per 9,600 square feet) to Neighborhood Business (BN). The
City Council determined that the request should not be considered
further at the Selection Process public hearing.
Conditions in the neighborhood have changed since the plat was
recorded in 1988. Since then, the QFC supermarket was
constructed just to the south of the King/Pierce County line. In
addition, a Chevron Station was constructed on the southwestern
comer of Hoyt Road and SW 340th Street, and the Hoyt Road
Selection Process -Amendments to the Comprehensive Plan
Page 21
--.
Request Response
Retail Center, a commercial mixed-use development, was
constructed at the southeasteOl corner' of this intersection.
When reviewing previous requests, the City Council found that
conditions in the immediate vicinity had not changed so
significantly as to make this request within the public interest.
Request #7 - Washington Memorial Park A request for a change in comprehensive plan designation and
zoning has never been submitted for this parceL
Request #8 - Taylor A request for Community Business zoning was submitted for this
parcel and five other parcels in the immediate vicinity as part of
the 2000 Comprehensive Plan Update. Staff recommended that the
request not go forward for further review beyond the Selection
Process because the vision of the comprehensive plan was for
residential development in this area and concentration of
commercial in other areas. Since that time, the Washington State
Department of Transportation (WSDOT) has constructed a High
Occupancy Vehicle (HOV) Lane along this stretch ofI-5, which
has resulted in 1-5 being widened by approximately 15 feet,
bringing traffic closer to the subject site.
A request for Community Business zoning was submitted for this
parcel and two other parcels in the immediate vicinity as part of
the 2002 Comprehensive Plan Update. This request went forward
for further review at the Selection Process stage; however, it was
denied by the Federal Way City Council at their March 18, 2003,
public meeting.
Request #9 - Yen A request for a change in comprehensive plan designation and
zoning has never been submitted for this parcel.
Request #10- Lifeway Church A request for a change in comprehensive plan designation and
zoning has never been submitted for these parcels.
Request #11 -Magnum Construction, Inc. A request for a change in comprehensive plan designation and
zoning has never been submitted for these parcels.
Request #12 - Waller Road IV Associates As part of the 1995 Comprehensive Plan Update, the applicant
requested a change in comprehensive plan designation and zoning
from Industrial and Office Park to Business and Neighborhood
Business The Council denied this request.
B. Criterion #2
The proposed amendment is consistent with the overall vision of the comprehensive plan.
Response to Criterion #2
Request
Response
The request complies with the following goal and policy:
Request #1 - Quadrant
Selection Proccss -Amendments to the Comprehcnsive Plan
Page 22
Request
Response
. ","..,-
LUG4 - Provide a wide range of housing types and densities
commensurate with the community's needs and preferences.
H03 - Develop a comprehensive plan and zoning code that
provide flexibility to produce innovative housing solutions, do
not burden the cost of housing development and maintenance,
and diversify the range of housing types available in the City.
HP16 - As appropriate, reduce minimum lot sizes to allow
constroction of smaller, detached single-family houses on
smaller lots_
Request #2 - Trimble
The parcel is presently designated Single Family Low Density
Residential. This designation is intended to protect
environmentally sensitive areas and to preserve areas that have
unique area-wide circumstances, such as Spring Valley located in
the southern portion of the City and land along Puget Sound near
Dumas Bay in the vicinity of Camp Kilworth and the Palisades
Retreat property.
The applicant is requesting a designation of Single Family
Medium Density. Based on language in the comprehensive plan,
this designation creates urban lots with a density range of one to
three dwelling units per acre to avoid developing on or near
environmentally sensitive areas.
There are no known environmentally sensitive areas on this site.
The proposed amendment would be consistent with the
comprehensive plan description for Single Family Medium
Density Residential only if the two adjacent property owners to
the east join the applicant in requesting a change in designation
to Single Family-Medium Density (RS 35.0). If the Trimble
property is considered on its own, the proposed land use
designation may result in a spot zone7 of Single Family Medium
Density Residential with Single Family Low Density Residential
on three sides.
Request #3 - Lee
The comprehensive plan (page II-I? of the FWCP) provides the
following description for Single Family High Density designated
areas:
"Single Family High Density residential designations are located
within close and convenient proximity to neighborhood business
centers, areas of existing or future employment, transit and
existing urban infrastructure and services. Future Single Family
High Density development should have good access to collector
and arterial streets."
The proposed amendment is not consistent with the overall vision
7 Spot zoning is the rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding land uscs and
that does not further the comprehensive zoning plan.
Selection Process -Amendments to the Comprehensive Plan
Page 23
Request Response
~"".
of the comprehensive plan. This parcel is not close to any
neighborhood business center or area of existing or future
employment. The nearest neighborhood business center is
located greater than one milc away at theinterscction ofSW
356tl. Street and 21" A venue SW. Similarly, the nearest
employment area is greater than one mile away at Pacific
Highway South and SW 356th Street. (Typically for services to be
considered convenient, they are located within Y. mile of a site.)
The property has frontage on 6th Avenue SW, a minor collector,
which provides connection with SW 356111 Street, a principal
arterial located approximately Y. mile from the property. There is
currently no transit service at or ncar the site. The nearest
existing transit service routes are located greater than one mile
from the site. Proposed future transit service routes indicate
service extending along SW 356th Street. This would put transit
at approximately Y. mile from the site if a bus stop were located
at the intersection of 6th Avenue SW and SW 3561h.
The applicant's property is surrounded on three sides by Single
Family Medium Density, RS 15.0 zoned land. A change in
designation to Single Family High Density (RS 9.6) would result
in a small peninsula of land being designated at a higher density
than its surroundings. If the Lee property is considered on its
own, the proposed land use designation may result in a spot
7
zone.
..
Request #4 - GramDr The request does not conflict with any comprehensive plan goal
Dr policy; however, it may rcsult in spot zoning7 if the Public
Academy parcel to the south is not included in the re-designation
[TOm Business Park to Office Park.
Request #5 - Rodia The request does not comply with the following policy:
LUP47 - The City shall limit new commercial development to
existing commercial areas to protect residential areas.
Request #6 -- Velasco Given that the proposed location is part of a residential
subdivision, designation as Professional Office would result in
commercial intrusion into a residential neighborhood. On the
other hand, the Professional Office designation is intended to
allow for well-designed small-scale office development
compatible to adjacent residential neighborhoods.
Request #7 - Washington Memorial Park This change would not conflict with any goals or policies of the
comprehensive plan. The change in designation to Neighborhood
Business would make a nonconforming use conforming and
would conform with the following goal:
EDG6 - The City will encourage and support existing businesses
to remain and/or expand their facilities within Federal Way.
Request #8 - Taylor The request complies with the following goal:
Selection Process -Amendments to the Comprehensive Plan
Page 24
Request Response
EDG-6 - The City will encourage and support exL~ting
businesses to remain and /01' expand their facilities within
Federal Way.
Comprehensive Plan Policy LUP48 states, "The City shall limit
new commercial development to existing commercial areas to
protect residential areas, " However, the location of this
property, located between 1-5 and Military Road, is not
consistent with Policy LUP 15 of the comprehensive plan. which
is to protect residential areas from impacts of atljacent non-
residential uses_
Request #9 -Yen The comprehensive plan (Page 11-21 of the FWCP) provides the
following description for Community Business designated areas:
The Community Business designation presently encompasses two
major retail areas of the City. It covers the "strip" retail areas
along SR-99 and the large "bulk" retail area found near the South
3481h Street area, approximately between SR-99 and I~5.
Community Business allows a large range of uses and is the
City's largest retail designation in terms of area. The Community
Business designation generally runs along both sides of SR-99
from South 272nd to South 348m.
This site does not conform to the locations of Community
Business zones as laid out in the comprehensive plan.
Request #/0 - Lifeway Church Given the fact that the area south of S 356m Street and west of I sl
Ave S has been experiencing pressure to intensify density,
rezoning piece meal would not be consistent with the following
comprehensive plan goal:
CFG 3 -. Provide capital facilities to serve and direct future
growth within Federal Way and its Potential Annexation Area as
they urbanize.
As part of any large scale rezoning, it is crucial to identify in
advance of development whether adequate capital facilities, such
as stormwater conveyance and detention and road capacity, will
be available.
Request #11 -Magnum Construction, Inc. The request complies with the following policy:
LUP23 -- Support multiple-family development with
tramportation and capital facilities improvements.
Request #12 -Waller Road IV Associates The comprehensive plan (page 11-21 of the FWCP) provides the
following description for Community Business designated areas:
The Community Business designation presently encompasses two
major retail areas of the City. It covers the "strip" retail areas
along SR-99 and the large "bulk" retail area found near the South
Selection Process -Amendments to the Comprehensive Plan
Page 25
Request Response
-"
348th Street area, approximately between SR-99 and 1-5.
Community Business allows a large range of uses and is the
City's largest retail designation in terms of area. The Community
Business designation generally runs along both sides of SR~99
from South 272nd to South 3481h.
This site does not conform to the locations of Community
Business zones as laid out in the comprehensive plan.
C. Criterion #3
Whether the proposed amendment meets the existing state and local laws, including the
Growth Management Act (GMA).
Response to Criterion #3
AU requests meet existing state and local laws, including the GMA.
n 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.
Re:-.ponse to Criterion #4
This criterion is not applicable to site-specific requests.
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
If the City Council determines that any of these requests should be analyzed further, all of the
requests, except Requests #3 (Lee) and #10 (Lifeway Church), can be incorporated into the
2006 Planning Commission Work Program. These two requests should be considered as part
of a review of a larger area as discussed in this staff report.
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
Except for Requests #3 (Lee) and #10 (Lifeway Church), these requests should not require
large-scale studies.
Selection Process -Amendmcnts to the Comprehensive Plan
Page 26
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
All requests, except Requests #3 (Lee) and #10 (Lifeway Church), can be reviewed this year.
If the LUTC and Council determine that the area south of South 3561h Street, west of 1 st
Avenue South, which would include these requests should be studied, staff will need to
conduct special studies to determine if the infrastructure and other public services are
adequate to support increased density, and they will also need to have public meetings with
the residents of this area.
H. Criterion #4
Order of requests received.
Response to Criterion #4
The requests were received in the following order:
1. Quadrant Request
2. Trimble Request
3. Lee Request
4. Gramor Request
5. Rodia Request
6. Velasco Request
7 . Washington Memorial Park Request
8. Taylor Request
9. Yen Request
10. Lifeway Church Request
11. Magnum Construction, Inc. Request
12. Waller Road IV Associates Request
VIII. COUNCIL ACTION
Pursuant to FWCC Section 22-523(d), based on its review of requests according to the criteria in
Section VII of this staff report, the City Council shall determine which requests shall be further
eonsidered for adoption, and shall fOIWard 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.
IX. STAFF RECOMMENDATION
A. Site-Specific Request #1 - Request from the Quadrant Corporation to change the
comprehensive plan designation and zoning of 19.12 acres located north of South 3201h Street
and east of the southerly extension of 32nd A venue South from Office Park (OP) to RM 2400
(Multifamily, one unit per 2,400 square feet).
Selection Process -Amendments to the Comprehensive Plan
Page 27
Staff Recommendation - Staff recommends that the LUTC forward the proposed amendment
for further consideration by the Planning Commission, LUTC, and City Council.
B. Site~Specific Request #2 - Request from Terry and Patricia Trimble to change the
comprehensive plan designation and zoning of 3.27 acres located south of SW 3161h Place,
just east of Dash Point State Park, from Suburban Estates/SE (Single Family, one unit per
five acres) to Single Family Medium Density and RS 35.0 (Single Family, one unit per
35,000 square feet).
Staff Recommendation - Staff recommends that the LUTC not forward the proposed
amendment for further consideration by the Planning Commission, LUTC, and City Council,
unless the owners of the two adjacent parcels to the east also request a similar comprehensive
plan amendment.
C. Site-Specific Request #3 - Request from Daniel Lee to change the comprehensive plan
designation and zoning of3.12 acres located between 61h Avenue SW and gth Avcnue SW,
southeast of the easterly terminus ofSW 3601h Street, from Single Family Medium Density
and RS 15.0 (Single Family, one unit per 15,000 squarc fcet) to Single Family High Density
and RS 9.6 (Single Family, one unit per 9,600 square feet).
Staff Recommendation - Staff recommends that this request not go further for consideration
by the LUTC and Council. Staff, however, requests direction from the Council to contact
similarly zoned properties for possible inclusion in a comprehensive plan amendment and
rezone to be processed as part of the 2007 Comprehensive Plan Amendment Process.
D. Site-Specific Request #4 - Request from the Gramor Developmcnt to change the
comprehensive plan designation and zoning of approximately 4.4 acres located south of
South 3441h Strcet and east of 91h A venue South from Business Park (BP) to Office Park (OP).
Staff Recommendation - Staff recommends that this request not go further for consideration
by the Planning Commission, LUTC, and City Council, unless the Public Academy parcel to
the south joins in this request.
E. Site-Specific Request #5 - Request from Gary Rodia to change the comprehensive plan
designation and zoning 01'2.33 acres located south ofSW 3561h Street and east of20lh
Avenue SW from Single Family High Density Residential and RS 9.6 (Single Family, one
unit per 9,600 square feet) to Neighborhood Business (BN).
Staff Recommendation - Staff recommends that this request not go further for consideration
by the Planning Commission, LUTC, and City Council.
F. Site-Specific Request #6 - Request from Robert Velasco to change the comprehensive plan
designation and zoning of 0.75 acres located at the northwestern corner of Hoyt Road S W
and SW 3401h Street from Single Family High Density Residential and RS 9.6 (Single
Family, one unit per 9,600 square feet) to Professional Office (PO).
Staff Recommendation - Staff recommends that this request not go further for consideration
by the Planning Commission, LUTC, and City Council.
Selection Process -Amendments to thc Comprehensive Plan
Page 28
G. Site-Specific Request #7 - Request from Washington Memorial Park to change thc
comprehensive plan designation and zoning of the northern portion of a 1.33 acre-parcel
located south of SW Dash Point Road at 161h Avenue SW from Professional Office (PO) to
Neighborhood Business (BN).
Staff Recommendation - Staff recommends that this request go further for consideration by
the Planning Commission, LUTC, and City Council.
H. Site-Specific Request #8 - Request from Vilma Taylor to change the comprehensive plan
designation and zoning of 0.3 acres located south of South 3041h Street and east of Military
Road South from Single Family High Density Residential and RS 7.2 (Single Family, one
unit per 7,200 square feet) to Neighborhood Business (BN).
Staff Recommendation - Staff recommends that this request go further for consideration by
the Planning Commission, LUTC, and City Council.
I. Site-Specific Request #9 - Request from Linda Yen to change the comprehensive plan
designation and zoning of 16.18 acres located south of South 348th Street and west of Pacific
Highway South from Business Park (BP) to Community Business (Be).
Staff Recommendation - Staff recommends that this request not go further for consideration
by the Planning Commission, LUTC, and City CounciL
J. Site-Specific Request #10 - Request from Lifeway Church to change the comprehensive plan
designation and zoning of23.18 acres located south ofSW 3561h Street and west of)'1
Avenue South from Single Family Medium Density Residential and RS 15.0 (Single Family,
one unit per 15,000 square feet) to Single Family High Density Residential and RS 7.2
(Single Family, one unit per 7,200 square feet).
Staff Recommendation - Staffrecommends that this request not go further for consideration
'by the LUTC and Council. Staff, however, requests direction from the Council to contact
similarly zoned properties for possible inclusion in a comprehensive plan amendment and
rezone to be processed as part of the 2007 Comprehensive Plan Amendment Process.
K. Site-Specific Request #11 - Request from Magnum Construction, Inc. to change the
comprehensive plan designation and zoning of 6.4 acres located west of Pacific Highway
South at the western terminus of South 330th Street from a mix of Community Business (Be)
and Office Park (OP) to RM 1800 (Multifamily, one unit per 1800 square feet).
Staff Recommendation - Staff recommends that this request go further for consideration by
the Planning Commission, LUTC, and City Council.
L. Site-Specific Request #12 - Request from Waller Road IV Associates to change the
comprehensive plan designation and zoning of 8.36 acres located south of South 3481h Street
and east of 1 sl A venue South from Office Park (OP) to Community Business (Be).
Staff Recommendation - Staff recommends that this request not go further for consideration
by the Planning Commission, LUTC, and City Council.
Selection Process -Amendments to the Comprehensive Plan
Page 29
x. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION
The LUTC forwards the recommendation to the full Council as follows:
I. Quadrant Request
a) _ That the request go forward for further consideration.
b) _ That the request not go forward for further consideration.
2. Trimble Request
a) That the request go forward for further consideration.
b) _ That the request not go forward for further consideration.
3. Lee Request
a) _ That the request go forward for further consideration.
b) _ That the request not go forward for further consideration.
Selection Process -Amendments to the Comprehensive Plan
Page 30
4. Gramor Request
a) _ That the request go forward for further consideration.
b) That the request not go forward for further consideration.
5. Rodia Request
a) That the request go forward for further consideration.
b) _ That the request not go forward for further consideration.
6. Velasco Request
a) _ That the request go forward for further consideration.
b) _ That the request not go forward for further consideration.
Selection Process -Amendments to the Comprehensive Plan
Page 3 I
7. Washington Mcmorial Park Request
a) _ That the request go forward for further consideration.
b) _ That the request not go forward for further consideration.
8. Taylor Request
a) _ That the request go forward for further consideration.
b) ~ That the request not go forward for furthcr consideration.
9. Yen Request
a) _ That the request go forward for further consideration.
b) _ That the request not go forward for further consideration.
Selection Process -Amcndments to the Comprehensive Plan
Page 32
10. Lifcway Church Request
a) _ That the request go forward for further consideration.
b) _ That the request not go forward for further consideration.
II. Magnum Construction, Inc. Request
a) That the request go forward for further consideration.
b) _ That the request not go forward for further consideration.
12. Waller Road IV Associates Request
a) _ That the request go forward for further consideration.
b) That the request not go forward for further consideration.
Selection Process -Amendments to the Comprehensive Plan
Page 33
XI. LIST OF EXHIBITS
Exhibit A
Exhibit B
Exhibit C
Exhibit 0
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Exhibit L
Exhibit M
Exhibit N
Exhibit 0
Exhibit P
Exhibit Q
Exhibit R
Exhibit S
Exhibit T
Exhibit U
Exhibit V
Exhibit W
Exhibit X
Exhibit Y
Exhibit Z
Exhibit AA
Exhibit AB
Exhibit AC
Exhibit AD
Exhibit AE
Exhibit AF
Exhibit AG
Composite Map
Map of Site-Specific Request #1 - Quadrant
Map of Site-Specific Request #2 - Trimble
Map of Site-Specific Request #3 - Lee
Map of Site-Specific Request #4 - Gramor
Map of Site-Specific Request #5 - Rodia
Map of Site-Specific Request #6 -Velasco
Map of Site-Specific Request #7 - Washington Memorial Park
Map of Site-Specific Request #8 - Taylor
Map of Site-Specific Request #9 - Yen
Map of Site-Specific Request #10 - Lifeway Church
Map of Site-Specific Request #11 - Magnum Construction
Map ofSite~Specific Request #12 - Waller Road IV Associates
Quadrant Corporation Conceptual Subdivision Layout
Aerial Photo of Site-Specific Request #1 - Quadrant
Aerial Photo of Site-Specific Request #2 - Trimble
Aerial Photo of Site-Specific Request #3 - Lee
September 28, 2004, Correspondence from PK Enterprises Regarding Site-Specific
Request #3
South of South 356m Street Study Area
October I, 2004, Correspondence from John Graham Regarding Site-Specific
Request #4
Aerial Photo of Site-Specific Request #4 - Gramor
Aerial Photo of Site-Specific Request #5 - Rodia
Areas with Neighborhood Business Zoning
Site-Specific Request #5 - Rodia, Vacant and Redevelopable Land
Aerial Photo of Site-Specific Request #6 - Velasco
Aerial Photo of Site-Specific Request #7 - Washington Memorial Park
Aerial Photo of Site-Specific Rcqucst #8 - Taylor
Correspondence from Linda Yen Regarding Site-Specific Request #9
Aerial Photo of Site-Specific Request #9 - Yen
Narrative Accompanying Site-Specific Request #10 - Yen
Aerial Photo of Site-Specific Request #10 - Lifeway Church
Aerial Photo of Site-Specific Request #11 - Magnum Construction
Aerial Photo of Site-Specific Request #12 - Waller Road IV Associates
I:\2006 Comprehensive Plan\ScleClion Process\030606 LUrC Staff Report/212812006 II :25 AM
Selection Process -Amendmcnts to the Comprehensive Plan
Page 34
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P[( ENTERPRISES EXHIBIT ~
September 28, 2004 PAGE I OF 2
---
City of Federal Way
Department of Community Dev. Services
33325 8th Avenue South
Federal Way, WA 98063
RE: A Request for a Comprehensive Plan Amendment and Zone Change for
Properties Located in the City of Federal Way, Washington.
Dear Staff:
On behalf of the Daniel Lee and adjoining neighbors, PK Enterprises is requesting
Council Approval for a Comprehensive Plan Amendment from Single Family'Medium
Density to Single Family'High Density Residential for properties located within the City
of Federal Way, Washington. As part of this request, a Zone Change is required from
RS 15.0 to RS 9.6. The properties are located within the East Half of Section 30,
Township 21 North, Range 4 East, W.M., King County, Washington.
Originally, these properties were likely zoned RS 15.0 due to lack of facilities (Le. sewer)
in the vicinity. However, recent residential developments have extended sewer to the
area which will allow for a more intense development. The new zoning and
comprehensive plan change will be an extension of the current activity in the area. The
Growth Management Act encourages development on properties with adequate public
facilities and developabie area to meet the housing goals and needs of the community.
In this case, this request is consistent with GMA and current development trends in the
area.
The following is a list of specific information required:
. Tax Parcel Numbers: 302104,9051 ,
. Acreage: 3-/4 acres
. Existing Comprehensive Plan: Single Family'Medium Residential
. Existing Zoning: RS 15.0
. Requested Comprehensive Plan: Single'Family'High Residential
. Requested Zoning: RS 9.6
RECEIVED
SEP 3 0 2004
~JI:!G SE 285m STREET. MAPLE VALLEY, \'(.'/\ . ')l',iJ3~, CITY OF FEDERAL W
PHONE: :Ofi.:!27.7445 . FAX: }(,(J-BIS6.'JB'J7 . PKENTERrRS~:V )1..CO.\1 BUILDING DEPT. AY
" ':>Cph:mOer ~ll. .!UtJ4
The following is the name and address of the property owner, applicant, and consultant
involved with this project (Assessor's Parcel Number in parenthesis).
. Owner/Applicant: Daniel Lee (302104,9051) EXHIBIT ~
36027 61n Avenue SW PAGE Z.OF ,~
Federal Way, WA 98023
. Consultant: PK Enterprises
23126 SE 285th Street
Maple Valley, WA 98038
(206) 227,7445
Contact: Mr. Phillip Kitzes
We appreciate your expediency and effort in reviewing this matter. Enclosed is the
required information regarding this request. If there are any questions, please feel free
to contact me at (206) 227-7445.
Sincerely,
PK ENTERPRISES
PHIWP KITZES
Enclosures
CC Daniel Lee
, RECEIVED
SEP 3 0 2004
CITY OF FEDERAL WAY
BUilDING DEPT.
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p.5
EXHIBIT -r"
{GRAMDR PAGE-LOF !
DEVELOPMENT WASHINGTON, LLC
October 1,2004 RECEIVED
Margaret Clark, Senior Planner Ul,1 o 1 2004
Community Development Services CITY OF FEDERAL WAY
City of Federal Way BUILDING DEPT_
P_O. Box 9718
Federal Way, WA 98063-9718
Re: Rezone - BP Zoning to OP Zoning
34400 & 34520 9th Ave. S. ' Parcels 9264800060 & 9264800070
Dear Ms. Clark:
We own two parcels of BP,zoned land along 9th Ave_ So, [n Federal Way, In our opinion,
the current BP zoning designation in Federal Way is too restrictive to support many
Business Park and medical users interested in the area. There is a significant demand for
medical office which we wish to accommodate on our sites.
Our primary concern is the amount of office that is allowed under this zoning ----
classification, Currently, office use is only allowed as an ancillary use and to a maximum
of 50%. Our experience in other Business Parks (Gateway Corporate Center and
Gateway North Corporate Center, both in Tukwila) show that many tenants require up to
100% office. I can think of many tenants that could not come to Federal Way because of
the business park wning_
From the development, business, and economic viewpoints, providing zoning that allows
businesses to move to, grow, and thrive in Federal would be very desirable. Restrictive
zoning that keeps urban land vacant decreases property values, provides areas for illegal
dumping, havens for transients, provides for uncontrolled environmental impacts and
potential criminal activity_ With development and viable businesses operating, the City
has a larger tax base and provides for more jobs and resultant economic vitality_
Please give this request your utmost consideration. Call me at 425,742-5666 if you have
any questions.
Sincerely,
Gramor Development WA, LLC For: Fedway Associates II, LP
-
1133164" ST. SoW, f SUITE 107 fLYNNWOOlJ. WA98037,6121
(425) 742-5666 FAX (425) 742-6553
John@GramorWa.com
4<--
.~COUll(.l
otStaIlP.,.c.-.w.
[GRAMDR RECEIVED BY
, MMUNITY DEVELOPMENT DEPARTIAENT .
DEVELOPMENT WASHINGTON, LLC ,)C. P 3 0 2004
October I, 2004 -r
EXHIBIT
Margaret Clark PAGE~OF ~_
Senior Planner
Community Development Services
City of Federal Way
P_O, Box 9718
Federal Way, WA 98063,9718
Re: Rezone - BP Zoning
34400 & 34520 9th Ave. S_
Parcels 9264800060 & 9264800070
Dear Ms. Clark:
We own three parcels of BP,zoned land along 9th Ave. So. In Federal Way, One project
has been completed and is currently being leased, it's known as FedWay Corporate
Center and is a "high,tech" building, The other two buildings are located on the above
referenced parcels, are permitted but awaiting better economic and marketing conditions
prior to commencing construction, In our opinion, the current BP zoning designation in
Federal Way is too restrictive to support many Business Park users interested in the area,
Our primary concern is the amount of office that is allowed under this zoning
classification, Currently, office use is only allowed as an ancillary use and to a maximum
of 50%, Our experience in other Business Parks (Gateway Corporate Center and
Gateway North Corporate Center, both in Tukwila) show that many tenants require up to
80% office but still need the additional function of a warehouse with high clear height,
grade level and dock doors, and maneuvering room for trucks. I can think of many
tenants that could not come to Federal Way because of the zoning,
We propose two options to provide more tlexibility to the BP zoning and allow and
attract many viable BP tenants to Federal Way:
The first option is to simply allow more office and to avoid the distinction between
primary and ancillary use. Referencing the Gateway Corporate Center again, the average
office build,out there is about 65%. Examples are Walker & Associates who provide
aerial photography and photogrametric mapping, and Otis Elevator who need a
warehouse area to service elevator components adjacent to their office function, An
office building would be too expensive and not provide the warehouse functions that are
needed, An up,scale Business Park provides both the office function and environment
with the warehouse use. The current design guidelines in Federal Way for BP require
1133 164~ ST, SW,t SUITE 1071 LYNNWOOD. WA 98037-8121
(425) 742-5666 FAA (425) 742-5553
John@GramorWa.com
d ~.
Inlematoon.alCotO"lCll
, ( olsmppongCeft~
EXHIBIT r
PAGE ~ OF .3
extensive aesthetic appeal for the projects, Warehousing and dumpsters are screened
while the front of the building is to look like an office, We ask that the zoning use be
consistent with the design guidelines and provide for a multiple of BP users,
The second option would be to confoml to the existing zoning restrictions on a per,
proiect basis instead of per,tenant. This would, we believe, meet the intent of the current
zoning designation and provide the users the flexibility that is required_ A BP project will
typically have between 4 and 8 tenants_ The existing market conditions will find users of
varying requirements, from 10% office to 80% office, Currently, we can not even
entertain a third of prospects because of the 50% restriction_ However, if we could mix
the tenant's requirements, we could easily meet the 50% restriction as an aggregate per
project. The impact on the development and on the City's infrastructure would not
exceed that already planned_
From the development, business, and economic viewpoints, providing zoning that allows
businesses to move to, grow, and thrive in Federal would be very desirable_ Restrictive
zoning that keeps urban land vacant decreases property values, provides areas for illegal
dumping, havens for transients, provides for uncontrolled environmental impacts and
potential criminal activity_ With development and viable businesses operating, the City
has a larger tax base and provides for more jobs and resultant economic vitality.
Please give this request your utmost consideration, Call me at 425-742-5666 if you have
any questions,
Sincerely,
Gramor Development WA, LLC
For: Fedway Associates II, LP
. RECEIVED
SEP 3 0 2004
al CITY OF FEDERAL WAY
BUILDING DEPT,
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O \iii S Dashpomt Road, West of Redondo way S 253 835 7000
sw 312ft} Sf & 8th Ave SW www.cityoffederalway.com
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Exhibit A EXHIBIT AI
Linda Yen, Windennere Real Estate PAGE , OF I
200 I 12th Ave NE, Suite 200
Bellevue, W A 98006
Phone: (425) 765,6617
Email: lindavenrmwindermere.com
City of Federal Way
Department of Community Development Services
33325 8th Ave South, P.O_ Box 9718
Federal Way, WA 98063,9718
Phone: (253) 835-2607
Dear Sir or Madam:
About 20 years ago, my clients invested in the City of Federal Way by purchasing a piece
of vacant land off Pacific Highway S_ While the city itself has seen vast improvements in
its economy and infrastructure, they are dumbfounded as to why the property they
purchased has not increased that much in value.
The reason they know this is because they have been trying to sell the property for
several years now, without success. They have lowered the asking price to an amount
that's barely kept up with inflation, yet no one has come forward with any offers. In
other words, they are actually losing money on this investment.
Based on recently sold properties in the same area, it seems that businesses and investors
are much more interested in properties zoned Commercial Business (BC), rather than
Business Park (BP) zonings, which happens to be the zoning of my clients' property.
Over the years, many properties down the Pacific Highway corridor have been changed
from Business Park Zoning to Commercial Business_ Looking at the Comprehensive
Plan Map, my clients' property is the perfect candidate for a rezone because its
surrounding properties all have already been changed from BP to BC zoning.
With all indicators pointing to an apparent shortage in BC properties, the rezone will not
only allow the City to attract more new businesses to the area. But because of the size of
my client's property, it will be able to attract larger businesses/companies to the area,
Hopefully, with the change in zoning, they will finally be able to sell their property and
move on_
If anyone has any questions or concerns, please feel free to contact me anytime at the
number or email above. Thank you.
S~
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NARRATIVE FOR PROPOSED RE,ZONE EXHIBIT .4.])
PAGE ' 'OF 1-
Existinq Zoninq:
The site is presently zoned RS 15 with a Comprehensive Plan Designation of Single
Family Medium Density,
Proposal:
This proposal seeks consideration and approval of a change of Comprehensive Plan
Designation from Single Family Medium Density to Single Family High Density, and a
change in zoning designation from RS 15 to RS 7.2. This will be consistent with adjacent
zoning to the northeast and east of the property, which is currently Single Family High
Density and zoned as RS 7.2.
Rationale:
The rezone falls within the Projected Growth and Development Capacity forecasted in the
City's target future ranges for household growth over the 1992,2012 period. (Section 2.4
Projected Growth and Development Capacity). It is also consistent with the City's targeted
household range and net capacity of the Residential Zoning Designations for Single Family
Residences. (Section 2.5 Urban Design and Forms, Table 11,2).
The proposal protects and improves the character and livability of the established
neighborhood and addresses future housing needs for developing single family
subdivisions. (Section 2,8, Land Use Designations).
The 7,200 square foot minimum lot size provide transitioning from single family medium
density to single family high density, and provides good access to collector and arterial
streets, (Section 2,8, Land Use Designations).
Currently sanitary sewer service has been extended to 2nd Avenue S, and is available to
sustain the rezone to RS 7.2. The 15,000 sf minimum lot size under RS 15 which was
required to accommodate existing septic systems is no longer an issue with the newly
extended sanitary sewer infrastructure.
This rezone proposal is compatible with the following Comprehensive Plan goals and
policies:
LUG1 -Improve the appearance and function of the built environment. (Section
2.5).
LUP1 - Maintain neighborhood character and compatibility with surrounding uses.
(Section 2,5).
Projectl04-1181Pennit Submittals/Camp Plan Amendment/Re-zone Narrative 9.29.05
EXHIBIT~
LUP9 - Designate and zone land to meet the adopted de~~9~reca~or OF 2-
residential uses for the next 20 years. (Section 2.7, Citywide Policies).
LUP11 - Support the Continuation of a strong residential community. (Section 2.7,
Citywide Policies).
LUG3 - Preserve and protect Federal Way's single,family neighborhoods.
(Section 2.8" Land Use Designations).
LUG3.1 - Provide a wide range of housing densities and types in the single family
designated areas. (Section 2.8, Land Use Designations).
LUP14 - Maintain and protect the character of existing and future single,family
neighborhoods, (Section 2.8, Land Use Designations).
LUP15 - Protect residential areas from impacts of adjacent non,residential uses,
(Section 2.8, Land Use Designations).
LUP16 - Revise existing land use regulations to provide for innovation and
flexibility in the design of new single family developments and in,fil!. (Section 2,8,
Land Use Designations).
LUP17 - Encourage the development of transportation routes and facilities to
serve single family neighborhoods. (Section 2.8, Land Use Designations).
Location:
23.18 acres -located at the corner of SW 356th St. and 1st Ave, S., Federal Way, WA
(King County), Parcel Numbers 3021049021, 3021049058, 3021049082, 3021049020,
3021049036, and 2021049118.
Adiacent Zoninq & Use:
~ North: RS 7.2 & RS 9,6 Single Family Residential
~ South: RS 15 Public School
~ East: RS 7.2 Single Family Residential
~ West: RS15 Single Family Residential
Projectl04~118IPermit SubmittalslComp Plan AmendmenVRe-zone Narrative 9.29.05
Q;
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CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
-
February 61\ 2006
Land Use and Transportation Commith 1\ __ .
Derek Matheson, Interim City Manage'r-()1 ~ -
Cary M. Roe, P.E., Public Works Director. a:tf1.-
Rick Perez, P.E., City Traffic Engineer /(f'
Sound Transit Phase 2
POLlCY QUESTION:
Should the Council provide policy direction to staff to submit comments to Sound Transit on projects for Phase
2 of Sound Transit's Long Range Plan?
BACKGROUND:
Sound Transit has requested affected agencies comment on proposed projects for Phase 2 of Sound Transit's
implementation of its Long Range Plan ("ST2") by March 23, 2006. Sound Transit hopes that this would help
resolve both what projects should be included, but also their respective scopes, so that costs may be estimated
more accurately. Although many consider it desirable that Sound Transit would provide a ballot measure jointly
with the Regional Transportation Investment District (RTID), Sound Transit hopes to present a package of
projects to voters in November 2006 with or without RTID.
Projects
Sound Transit began this process with a list of 85 potential projects and has now narrowed that list to 63. the
following is a list of projects in and/or proposed to be funded at least in part by South King County:
A. Light Rail
1. Extension from SeaTac Airport to S 200th Street
2. Extension from S 200tl' Street to Kent-Des Moines Road
3. Extension from Kent-Des Moines Road to Tacoma Dome
4. Planning Study of New Routes (Burien to Renton)
B. Express Bus
1. Industrial Way Direct Access Ramps 1-5 to 5th Avenue S *
2. SR 167 at Smith Street Direct Access Ramps
3. New route from South Hill to SeaTac via SR 167
4. Transit Signal Priority on SR 516 in Kent
5. Transit Signal Priority to Sounder Tukwila Station
6. Extension of Route 565 from Federal Way to Tacoma in peak hours *
7. Parking Garage in Burien *
C. Commuter Rail
1. Permanent Station in Tukwila
2. Parking Garage at Auburn Station
3. Expanded Service with Associated Track and Signal Improvements
* These projects have already been proposed for deletion by the Sound Transit Board.
The only project still under consideration that directly impacts Federal Way is the extension of light rail from
Kent-Des Moines Road to Tacoma Dome. For the purposes of estimating costs, ST staff assumed that light rail
through Federal Way would use an elevated alignment primarily along SR 99. This does not suggest that Sound
Transit has selected a preferred alternative - in fact, it is this type of issue that generates Sound Transit's request
for comment from the City. To wit: Does the City have a preference for a light rail alignment through Federal
Way? Also, should it be elevated or at-grade? These questions have significant implications for the City and
Sound Transit, in terms of cost, ridership, and ability to accommodate and influence land use for decades.
March 6, 2006
Land Use and Transportation Committee
Sound Transit Phase 2
Page 2
Alignment of Light Rail through Federal Way
There are two basic alternatives for alignment: SR 99 and 1-5. Variations on an 1-5 alignment may include
segments where Military Road could be used, particularly between Star Lake Road and S 304th Street, with a
potential station at S 288th Street, which would also encourage redevelopment at this commercial retail node.
Sound Transit has in the proposed scope stations being located at Redondo Heights Park and Ride, Federal Way
Transit Center, and South Federal Way Park and Ride.
An SR 99 alignment would suggest more opportunities for additional stations and transit~oriented development.
If entirely at grade, it may cost less to construct, but the more it becomes elevated to mitigate traffic impacts on
SR 99, any cost-advantage would likely turn into a disadvantage. Because of the lower speeds and number of
stations, ridership would consist of shorter trips.
An 1-5 alignment would suggest a higher-speed facility with fewer opportunities for additional stations and
transit~oriented development. It may cost slightly less to construct, and may also impact the ability ofWSDOT
to widen 1-5 in the future or provide additional access points to 1-5. Because of the higher speeds, an 1~5
alignment would be more supportive of regional trip-making.
Elevated vs. at-grade
It should be noted that Sound Transit does not have a set policy on when grade separation is necessary - this
would likely be negotiated with Sound Transit. As a starting point, staff would raise concerns about the traffic
impacts of at-grade crossings of key intersections on SR 99 including: S 288th Street, Dash Point Road, S 312th
Street, S 316th Street, S 320lh Street, S 324tJ. Street, S 3361h Street, S 348th Street, and S 356th Street. In addition
to aesthetic issues, cIevated trackage also allows the noise from trains to propagate further, thus potentially
impacting more residences. On the other hand, at-grade alignments would require more right-of-way and fewer
median breaks on SR 99. The median of SR 99 is 12-16 feet wide, whereas a double-track light rail alignment
would require 28-36 feet, thus impacting right-of-way on one or both sides of SR 99. Alternatively, one or two
lanes could be removed from SR 99, although this would have severe implications for meeting transportation
concurrency standards.
Funding
Funding light rail extension is a significant issue in South King County. Among the various sub-areas, our
transit usage is among the highest, but revenue generation is among the lowest. The sub-area allocation policies
adopted by Sound Transit restrict our ability to fund light rail expansion significantly. The costs estimated by
Sound Transit to extend light rail south from SeaTac arc shown below:
Extension from SeaTac to: Would cost (2005 dollars):
S 200th Street $248 - 285 million
Kent~Des Moines Road $666 - 766 million
Redondo Heights Park and Ride $1,069 - $1,229 million
Federal Way Transit Center $1,589 - 1,827 million
South Federal Way Park and Ride $1,992 - 2,290 million
Fife $2,697 - $3,101 million
Tacoma Dome $3,251 - $3,738 million
Sound Transit staff is in the process of devcloping packages of projects that could be funded depending on the
level of sales tax increase at 0.1 %,0.3%, and 0.5%. Sound Transit estimates that these packages would
generate, by the year 2020, $243 million, $600 million, and $957 million, respectively, not including farebox
revenue, grants, or bonding. Under these optimistic assumptions and if all revenue went to light rail, there is
adequate revenue only to reach Redondo Heights (S 2720d Street vicinity). Given the competing interests for
Sound Transit projects in South King County, it is therefore unlikely that we will see light rail extended
southward to Federal Way in Phase 2. In addition, if Sound Transit goes to the ballot with a 0.5% sales tax
increase, combining with RTID results in a $17 billion package seeking voter approval. This is a figure that
many voters may not be able to support.
March 6, 2006
Land Use and Transportation Committee
Sound Transit Phase 2
Page 3
Sub-Area Context
Another issue related to funding is the degree to which consensus can be reached within the sub-area. Light-rail
extension is clearly the most expensive capital project in South King County and primarily benefits cities along
the 1-5 corridor. The second most expensive project is the proposed expansion of commuter rail service, which
primarily benefits cities along the SR 167 corridor. It is reasonable to expect that support for these lines of
service will follow jurisdictional boundaries. It should also be noted that Pierce County is struggling with the
same issue, so true consensus will not only require cooperation in South King County but also with Pierce
County representatives. However, Sound Transit staffhas suggested that Pierce County representatives have a
strong interest in pursuing the extension of light rail from Tacoma to Federal Way, which may be more
financially feasible than extension to Federal Way from SeaTac.
Review of Sound Transit's adopted evaluation criteria show that light rail and commuter rail scores are identical
except on cost. Deciding between the two reduces the issue to cost per rider. Based on data provided by Sound
Transit, the capital cost per rider is approximately 30% higher for commuter rail, and the annual operating cost
per rider is over 11 times higher. Note that this does not include the costs associated with parking at stations,
whereas the planned extensions oflight rail use existing park and ride lots. Also, it is unclear whether the costs
estimated for additional commuter rail are realistic, given the expected increase in freight rail traffic.
Essentially, railroads have nothing to gain by offering Sound Transit capacity, putting Sound Transit in a weak
negotiating position, so costs could escalate significantly.
Summary
Policy questions include:
. Does the City have a preferred alignment for light rail?
. Where should stations be located?
. Should alignments be at.grade or elevated?
. If at-grade, should the alignment be placed in existing right-of-way at the expense of roadway capacity,
or should additional right~of-way be acquired?
. Can a package that generates enough revenue to extend light rail to Federal Way be supported by the
voters?
. Can a consensus be reached by South King County and Pierce County on a package of projects?
STAFF RECOMMENDATION:
Staff recommends, in order to meet Sound Transit's comment deadline, forwarding the Committee's
recommendation to the March 21, 2006, City Council Business Agenda for approval, with a draft letter outlining
the recommendations of the Committee:
Authorize staff to send a letter to Sound Transit outlining the Council's recommendations from the
March 21, 2006, City Council Meeting.
COMMITTEE RECOMMENDATION:
Forward the above staff recommendation to the March 21,2006, City Council Business Agenda.
cc: Project File
Day File
CITY OF FEDERAL WAY
MEMORANDUM
Subject:
February 24, 2006
Land Use and Transportation C~R~ ..
Derek Matheson, City Manager It.) v -
Cary M. Roe, P.E., Public Works Director ~
Iwen Wang, Management Services Director ~
Clarify Citizen Oversight Committee Provision Contained in Ordinance 95-240
When All Identified Projects Have Been Completed
Date:
To;
Via:
From:
POLICY QUESTION:
Should the City Council modify the requirement contained in Ordinance 95-240 of using a Citizen
Oversight Committee to allocate the remaining balance of $340,000 from 1995 Bond Proceeds when all
the identified projects have been constructed?
BACKGROUND:
On August 15, 1995, the City Council enacted Ordinance No. 95~240 authorizing a ballot proposition for
the November 7, 1995 election regarding levying utility taxes for the purpose of funding $7.5 million in
traffiC/street improvement projects and $7.5 million for the development of Celebration Park. The
ordinance noted that State law did not require voter approval for the City to levy such utility tax. Section
3 of the Ordinance further specified that:
\\. . . If all of the improvements so described have been constructed or found to be impractical or not in
the public interest, and proceeds from the bonds described in Section 3 remain available, the City Council
shall appoint a Citizen Oversight Committee. The Committee will make a recommendation to apply such
bond proceeds for the construction or acquisition of other projects to the City Council. The City Council
may then either apply the bond proceeds to repay the bonds described in Section 3 or to pay for other
projects recommended by the Citizen Oversight Committee, as the City Council shall determine."
Two ballot propositions were put forward, one for transportation projects and one for Celebration Park.
With only conceptual development plans and rough cost estimates available, the City Council did not have
the assurance that these projects could be built or at what costs, therefore, the provision was added in
case a large balance from the proposed total of $15 million bonds remained unused.
The actual result was that voters approved only the $7.5 million transportation package. All ten projects
were successfully designed and built by 2002 leaving a small balance ($340,000 or 4.5% of the $7.5
million proceeds) unspent.
Current Droiect needs:
The SEPA mitigation for the new Community Center, currently under construction, requires a traffic signal
at South 333rd Street and First Way South to be constructed prior to the Center's opening. The signal
project is estimated to cost around $340,000 and is similar to the types of traffic projects identified in
Ordinance No. 95-240. Therefore, as part of the mid-biennium budget adjustment presented to Council
in November 2005, staff recommended using the 1995 bond balance to fund this required traffic signal
project. However, it is unclear whether Ordinance No. 95-240 requires the Citizen Oversight Committee
to expend these funds when all of the identified projects have been completed.
The key issues are the timing of the signal project and whether or not the appointment of a Citizen
Oversight Committee for the size of the balance and for a single priority project are the best use of their
time and effort. The design for the 333rd and First Way South signal has now been completed and is
ready to bid. The bidding environment is typically more favorable earlier in the year; it is likely that a
delay in bidding this project could have a negative impact on the project cost. Additionally, a delay in this
traffic signal project may adversely affect the opening of the Community Center.
k:\finance\pw\3-6-06 lutc 95 bond$.doc
OPTIONS:
1. Modify the Citizen Oversight Committee requirement.
Pros: · Ensure funding for the signal project.
· Allow project be bid in a favorable time.
· Ensure the required signal is in place prior to Community Center opening.
Cons: · May be viewed as disregarding the City's prior commitment.
2. Call a Citizen Oversight Committee and recommend the Committee to allocate the funds
to this important project.
Pros: · Follow through with prior City commitment.
Cons: · Forming a citizen advisory committee for a single, small project.
· Potentially risk the funding of this required project should the committee recommend
other improvements.
· Will delay bidding of project and may result in a higher cost.
· Depending on the overall delay, could potentially impact the Community Center's
opening.
ATTACHMENT:
Draft ordinance modifying the Citizen Oversight Committee requirement.
STAFF RECOMMENDATION:
Staff recommends Option 1, amend Ordinance No. 95-240 to clarify the Citizen Oversight Committee is
not necessary to expend these funds because: (1) all of the identified projects have been completed; (2)
the project is an important safety improvement and is required under SEPA for the Community Center;
(3) the project is consistent with those in the initial Bond package; (4) the amount of funding available is
sufficient for only one signal project.
COMMITTEE ACTION:
Recommend Council approve Option 1 and forward the draft ordinance to the March 7,2006 City Council
Agenda for its first reading.
APPRQVAL BYCOM~rtTEe:
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k:\finance\pw\3-6-06 lute 95 bond$.doe
ORDINANCE NO.
AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING SECTION 1
OF ORDINANCE NO. 95-240 REGARDING THE CITIZEN
OVERSIGHT COMMITTEE AND EXPENDITURE OF
EXCESS BOND FUNDS.
. WHEREAS, the Federal Way City Council enacted Ordinance No. 95-240 on August
24, 1995, authorizing an advisory ballot proposition in a special election to levy a utility tax for the
purpose of providing funds for traffic, street and park improvements; and
WHEREAS, the third paragraph of the recitals specifically stated that it was "not
legally required, [butl the City Council desires to submit to the qualified electors the questions"
regarding the levy; and
WHEREAS, Section 1 of Ordinance No. 95-240, provides that the City Council
would appoint a Citizen Oversight Committee in the event that the ten identified projects could not
be constructed and proceeds from the bond funds remained available for the purpose of
recommending other projects; and
WHEREAS, the ten identified projects were completed in 2002, with a remaining
balance totals $340,000; and
WHEREAS, City Council authorized the construction ofthe Community Center in
2004; and
WHEREAS, the SEP A mitigation for the Community Center requires a traffic signal
at S. 333rd S1. and pI Way S., which is required before opening the Community Center; and
WHEREAS, Staffrecommended the use ofthe remaining 1995 bonds money to fund
the SEP A mitigation traffic signal at the mid-biennium budget adjustment presentation in November,
2005; and
WHEREAS, City Council has not appointed a Citizen Oversight Committee; and
WHEREAS, the City Council finds it in the best interest of the citizens to modify
Section I of Ordinance No. 95-240 as a housekeeping matter to accurately reflect City Council's
actions; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1 is amended as Follows:
Section 1. Traffic, Street and Park Improvements. The City Council hereby finds
that it is in the best interests of the residents of the City to construct the traffic and street
improvements listed on Exhibit A to this ordinance and develop Celebration Park as illustrated on
Exhibit B to this ordinance. The estimated cost ofthe traffic and street improvements is $7,500,000
and the park improvements are $7,500,000. The City Council shall determine the exact
specifications for such improvements. If the City Council determines that it is impractical or not in
the public interest or that sufficient funds are not available to construct any portion of the
improvements, the City shall not be required to construct such portions. If all ofthe improvements
so described have been constructed or found to be impractical or not in the public interest, and
proceeds from the bonds described in Section 3 remain available, the City Council shall appoint a
Citizen Oversight Committee. The Committee will make a recommendation to apply such bond
proceeds for the construction or acquisition of other projects to the City CounciL The City Council
may then either apply the bond proceeds to repay the bonds described in Section 3 or to pay' for other
projects recommended by the Citizen Oversight Committee, as the City Council shall determine.
Since all of the identified improvements have been constructed and $340.000 ofthe
bond proceeds remains available, the City Council has determined to not form a Citizen Oversight
Committee, and allocate the $340.000 bond proceeds to the traffic signal at S. 333rd St. and 1 Sl Way
S., to satisfy mitigation for the Community Center, the City Council authorizes $340.000 for the
traffic signal at S. 333rd St. and I sl Way S. without the recommendation of the Citizen Oversight
Committee.
Section 2. Severability. The provisions ofthis ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 3. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 4. Effective Date. This ordinance shall take effect and be in force five (5)
days from and after its passage, approval, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
,2006.
CITY OF FEDERAL WAY
MAYOR, MICHAEL PARK
ATTEST:
CITY CLERK, LAURA HA THA WAY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\ORDIN\Citizen Oversight Comm Revision3
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