The URL can be used to link to this page

Council PKT 04-18-2006 Regular ..~ Federal Way City Council Meeting AGENDA COUNCILMEMBERS Mike Park, Mayor Jeanne Burbidge Jim Ferrell Jack Dovey Linda Kochmar Eric Faison Dean McColgan CITY MANAGER Derek Matheson, Interim City Manager OFFICE OF THE CITY CLERK April 18, 2006 - Regular Meeting ~~ ---~--- Archive AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall April 18, 2006 - 7:00 PM (www.cityojJederalway.com) ***** 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENT A TIONS a. Proclamation - Youth Recognition Week b. Diversity Commission - Certificate of Appointment, Suzanne Smith c. City Manager-Introduction of New City Employees d. City Manager -Emerging Issues: 1. Castellar Property Rights Complaint - Update 4. CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKlNG. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium and state your name for the record. PLEASE LIMlT YOUR REMARKS TO THREE (3) MlNUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motiOn. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: Approval March 21, 2006 and April 4, 2006 Regular & Special Meetings b. Enactment Ordinance: Council Bill # 403 - Offsite Real Estate Signs Amendment c. 2006 Justice Assistance Grant Application d. Community Development and Public Works Special Project Funding e. South 333rd Street at First Way South Traffic Signal Project Bid Award f. Triangle Project Status g. Accept IAC/Land & Water Conservation Fund Grant for West Hylebos Park Boardwalk h. SW 356th Regional Detention Facility Concerns - Owen Property ---- 6. COUNCIL BUSINESS a. King County Library in the City Center 7. CITY COUNCIL REPORTS 8. CITY MANAGER REPORT 9. EXECUTIVE SESSION , a. Potential Litigation pursuant to RCW 42.30.110(1 )(i) b. Potential Sale of Real Property pursuant to RCW 42.30.llO(1)(c) 10. ADJOURNMENT ** THE COUNCIL MA Y ADD AND TAKE ACTlON ON OTHER lTEMS NOT LlSTED ON THE AGENDA ** THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND ALSO ON THE CITY'S WEBSITE ------------- - --- - MEETING DATE: April 18, 2006 ITEM# 5-a -..".....-....--..---..-.---""-........-----.--.....----...--..--..-.-...----...-.-...---....----.--..----.-........ .----..-...--------------. CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES -----------.. ---....- ..--. ---.. CATEGORY: BUDGET IMPACT: IZI CONSENT o ORDINANCE Amount Budgeted: $ 0 RESOLUTION o PUBLIC HEARING Expenditure And.: $ 0 CITY COUNCIL BUSINESS o OTHER Contingency Req'd: $ _,_"_"."__M__ --- --------.--- ATTACHMENTS: Draft meeting minutes of the March 21, 2006 regular meeting, April 4, 2006 special meeting and April 4, 2006 regular meeting .-. . - - -"---" SUMMARYIBACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirements. -..-....... ..----- -. ..--- CITY COUNCIL COMMITTEE RECOMMENDATION: n/a ..--------..-..------------..- -..-.- PROPOSED MOTION: 'I move approval of the meeting minutes of the March 21,2006 regular meeting, April 4, 2006 special meeting and Apri14, 2006 re~ting." CITYMANAGE;APPROV~: ! _>>M-- -'- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 TABLEDfDEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/1012001 - - ----- --- PRELIMINARY FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall March 21, 2006-7:00 PM MINUTES ***** 1. CALL MEETING TO ORDER Mayor Park called the meeting to order at 7:09 PM. Councilmembers present: Burbidge, Dovey, Faison, Kochmar, McColgan, Deputy Mayor Ferrell and Mayor Park. 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. City ManagerlIntroduction of New City Employees - None. b. City ManagerlEmerging Issues 1. FEDERAL WAY LIBRARY, 320TH STREET BRANCH - POTENTIAL RELOCATION - Interim City Manager Derek Matheson announced that representatives from the City and the King County Library System would be attending the April 4, 2006 Council Meeting to give a chronology of the proposed relocation and the Library's vision for the potential new location. MOTION: Councilmember McColgan moved to amend the agenda to add discussion ofthe City Center Redevelopment Subcommittee under agenda Item 7 - Council Business, Item b. Faison second. Motion carried 7 - o. 2. SUSPECTED ANIMAL CRUELTY INVESTIGA nON - Mr. Matheson asked Police Chief Anne Kirkpatrick to give a briefing on the investigation into the suspected animal cruelty investigation case involving a young pit-bull puppy which occurred on March 10, 2006. Chief Kirkpatrick noted that she had received approximately 600 e-mails from the public in response to media reports. In an effort to keep the public informed, the Chief gave a chronology of the investigation and asked Detective Tom Robinson to provide further details. Detective Robinson highlighted the steps taken so far to solve the case, stating that the investigation was on-going in cooperation with King County Animal Control. Anyone with information was encouraged to contact the Federal Way Police Department. The Council inquired about King County Animal Control's ability to prosecute animal cruelty cases. Detective Robinson and Chief Kirkpatrick answered that Animal Control sends cases to the prosecutor's office and are certified in animal control through an 80 hour course under the sponsorship of the Criminal Justice Training Commission. Chief Kirkpatrick further clarified that the City contracts with Animal Control to investigate these types of crimes because of their expertise in this area and while Federal Way is working closely with them, Animal Control is technically the lead agency in this investigation. ---.- PREliMINARY 3. POLICE EXPLORERS RECOGNITION - Chief Kirkpatrick introduced Bob Hitchcock, President of Festival Days, as an annual supporter of the Police Explorer program. Mr. Hitchcock presented the Chief with a $500 check and expressed his gratitude for all the assistance the Explorers have given to the Festival Days event. 4. CITIZEN COMMENT CHARLES CONNON complained on behalf of Mrs. Pat Owen in regards to flooding on her property that he believes is caused by a lack of action by the City and development in the area. Mr. Connon further requested that complaints by citizens be addressed at the next meeting following the complaint so that citizens will know the resolution. Councilmember Kachmar requested that Mr. Roe investigate the complaint and report back at the next meeting. ROY PARK echoed Mr. Connon's complaint regarding Mrs. Owen and accused the City of fraud, a conspiracy and cover-up while conderrming his property and requested a formal investigation. JOHN SHELLER, a managing librarian in the Federal Way Libraries gave a chronology of the steps he took to notify the public of the potential plans to move the 320th Library and apologized ifhis steps were not adequate to provide enough opportunity for public input at the Library meetings. LURAINE MACLEOD spoke in opposition to moving the 320th Library. MARGARET NELSON spoke in opposition to moving the 320th Library. CHRIS BARBAROSSA spoke in opposition to moving the 320th Library. TOM PIERSON, CEO OF THE FEDERAL WAY CHAMBER OF COMMERCE voiced his disappointment about the lack of notice given to the Chamber in regards to the letter Council is considering sending to Sound Transit identifying a preferred alignment route for Link Light Rail in Federal Way. Mr. Pierson requested that the Chamber be given an opportunity to voice their opinion on the issue before the City makes a fmal recommendation to Sound Transit. PATRICIA OWEN complained about flooding on her property and requested an investigation by the City. Mrs. Owen complained about the lack of response and service from the City and complained that the City erroneously allowed construction of the development behind her property. BERNARD MOTTERSHEAD complained on behalf of Mrs. Owen and requested that the City investigate the flooding immediately. Mr. Mottershead further alleged that City employees have not done their jobs and have neglected Mrs. Owen. JACQUELYNE REUSCH spoke in opposition to moving the 320th Library. LEE JOHNSON spoke in opposition to moving the 320th Library. GA YLA HARDISON spoke in opposition to moving the 320th Library and spoke against panhandling. FROSTY HARDISON voiced concerns regarding the flooding on Mrs. Owen's property and spoke in opposition to moving the 320th Library. LISA JOHNSON spoke in opposition to moving the 320th Library. PRELIMINARY H. DAVID KAPLAN spoke in opposition to moving the 320th Library. Following citizen comment, Mr. Matheson again encouraged citizens to attend the April 4, 2006 City Council meeting to voice their opinions on the proposal to move the 320th Library. Deputy Mayor Ferrell encouraged the Council to take a vote and submit its recommendation to the Library Board. Councilmember Dovey stated that he feels offended by citizens who make personal, verbal attacks on staff members under Citizen Comment. Councilmember Dovey reminded everyone that Citizen Comment is an opportunity to address the Council as a decision-making body, not to attack staff members. Mayor Park agreed. Councilmember Koch mar reminded everyone to contact the Council if they feel theirconcems haven't been adequately addressed. 5. CONSENT AGENDA a. Minutes: Approval of March 7, 2006 Regular Meeting - PASSED b. A ward of Quote for the Purchase of Replacement Public Safety Mobile Computers - PASSED c. Enactment Ordinance - Council Bill #399-Modifying the Citizen Advisory Committee Requirements in Ordinance No. 95-240 - PASSED, ORDINANCE NO. 06-519 d. Enactment Ordinance - Council Bill #400 - Comcast Cable Franchise Agreement Extension - PASSED, ORDINANCE NO. 06-520 e. Enactment Ordinance - Council Bill #401-Carry-forward Budget Adjustments - PASSED, ORDINANCE NO. 06-521 f. ILA City of Federal Way & Federal Way School District #210 for School Resource Officers - PASSED g. 2006 Asphalt Overlay Project Bid Award - PASSED h. South 320th Street at 1st Ave S Intersection Improvement Project - 85% Design Status Report- PASSED 1. South 373rd Street Bridge Replacement - WSDOT &LUD ILA's - PULLED J. Joe's Creek Habitat Restoration Project - 100% Design Status Report and Authorization to Bid- PASSED k. 336lh/lst Way S Intersection Improvement Projects - Bid Award - PASSED Councilmember Kochmar pulled agenda item I and recused herself because her employer, Lakehaven Utility District is affected by this item. MOTION: Councilmember Dovey moved to approve items A - K on the consent agenda with the exception of item I. Deputy Mayor Ferrell second. The motion carried 7 - O. MOTION: Councilmember Dovey moved approval of item I. Deputy Mayor Ferrell second. The motion carried 6 - 0; Kochmar recused. 6. PUBLIC HEARING: Mayor Park opened the Public Hearing at 8:14 PM and introduced the public hearing summary and procedures. Management Services Director Iwen Wang presented a brief staff report outlining the details of the proposed surplus. ---------- PRELIMINARY Mayor Park opened the hearing to Public Comment: BERNARD JOHNSTON introduced himself as a small developer interested in purchasing the property should it be declared surplus. Mr. Johnston stated that he has placed earnest money on the privately-owned parcel adjoining the City's parcel and has reached an agreement with King County to purchase their small parcel also adjoining the lot. Mr. Johnston requested that the surplus be allowed so that he may purchase all three parcels and subdivide the property for single-family homes. FROSTY HARDISON inquired about the process and asked about any plans to build a road on the City's parcel and noted that his questions about the location had been answered by the staffpresentationlexhibits. Council member Dovey clarified that this public hearing would only declare the property as surplus and that staff will return to Council at a later date to authorize a sale. MOTION: Councilmember Dovey moved to approve the resolution declaring open space real property, parcel number 082104-9273, located in the vicinity of31455 Fourth A venue South as surplus, waive Section 4 of Resolution No. 93-156 to allow an alternative method to determine fair market value, and authorize disposal of such property. Councilmember Faison second. Motion carried 7 - O. The Public Hearing was adjourned at 8:24 PM. 7. COUNCIL BUSINESS: a. SOUND TRANSIT PHASE n - Council discussed the draft letter which was presented atthe March 6, 2006 Land Use and Transportation Committee meeting. fu February Sound Transit requested that the City submit a letter to them by the end of March expressing the City's interest in bringing light rail to Federal Way to be considered in a fall election. Councilmember Dovey noted that since then, the legislature has voted that Sound Transit cannot go to a vote in November, but instead must bring the vote together with the Regional Transportation fuvestment District (RTID) in 2007. Council member Dovey suggested that by delaying the letter, the City would be better able to hear the opinions of the Chamber. MOTION: Councilmember Dovey moved to postpone the letter until the next meeting but with the understanding that the Chamber and the public will be given an opportunity between now and then to share their opinions. Deputy Mayor Ferrell second. Deputy Mayor Ferrell expressed reservations about identifying a specific route for light rail in a letter to Sound Transit at this time and proposed leaving the decision open for further review, research and public comment. Councilmember Burbidge expressed concern whether two weeks would be adequate to allow public and Chamber comments and encouraged Council to consider the goals for light rail (regional transportation versus economic development in the City). Mayor Park invited Public Works Director Cary Roe to comment. Mr. Roe asked Council to consider an option to revise the letter so that it is not alignment-specific, while at the same time strongly encourages light rail in Federal Way and promises a more detailed response by a given date. This option would respond to Sound Transit by their deadline while at the same time allowing adequate time for input from the Chamber and the community. Councilmember Dovey expressed his appreciation for Mr. Roe's counsel and voiced support for Mr. Roe's suggestion. ~- - ----- --- PRELIMINARY Deputy Mayor Ferrell withdrew his second of the motion by Councilmember Dovey. Councilmember Dovey withdrew his motion. Councilmember Kochmar supported the suggested generic letter to Sound Transit and encouraged participation by the Chamber and the public to discuss not only the alignment options but also the three proposed stations. Furthermore, Councilmember Kochmar requested a Council study session to discuss the issue before sending additional letters to Sound Transit. Councilmember McColgan asked Mr. Roe to clarify whether or not Sound Transit's deadline has changed due to the vote by the Legislature. Mr. Roe answered he has asked Sound Transit for clarification on their deadline; he has not received a final answer. In his opinion, their original deadline is no longer applicable. Councilmember McColgan suggested postponing the initial generic letter for two weeks to give the Chamber an opportunity to deliberate the matter and issue a joint statement by the City and the Chamber. Mayor Park asked Mr. Pierson if two weeks would be adequate to deliberate the issue with their Board. Mr. Pierson answered that the Chamber would do its best, but he could not promise a decision by the 19-member Board within two weeks. MOTION: Councilmember Dovey moved to send the letter to Sound Transit, striking the language referring to alignment and then follow up with a second, more comprehensive letter. Councilmember Kochrnar second. The motion carried 7-0. b. ECONOMIC DEVELOPMENT COMMITTEE REDEVELOPMENT ADVISORY SUBCOMMITTEE - Councilmember Faison stated the Economic Development Committee (EDC) forwarded this item directly to Council at their meeting held earlier in the evening. The EDC recommended establishing an advisory body to provide direction allocating the $5,000,000 fund set aside by Council for public-private economic development partnerships. MOTION: Councilmember Faison moved the Economic Development Committee recommendation. Second by Councilmember McColgan. The motion carried 7-0. 8. INTRODUCTION ORDINANCES A. COUNCIL BILL #402- ORDINANCE TERMINATING THE AT&T FRANCHISE AGREEMENT An ordinance of the City Council of the City of Federal Way, Washington, terminating AT&T's Franchise Agreement (terminating Ordinance No. 03-437). Deputy City Clerk Kelsey read the ordinance title into the record. MOTION: Councilmember Kochmar moved to forward Council Bill #402 to a second reading on the April 4, 2006 Council Agenda for enactment. Councilmember Burbidge second. The motion carried 7-0. 9. CITY COUNCIL REPORTS Councilmember Kochmar announced the March 28, 2006 Finance, Human Services and Regional Affairs Committee Meeting and the March 30, 2006 Puget Sound Regional Council (PSRC) meeting. Councilmember Kochrnar summarized her activities in Washington D.C. -..---- ---_.~ PRELIMINARY Councilmember Burbidge announced the April I 0, 2006 meeting of the Parks, Recreation and Public Safety Committee and reminded citizens of the on-line Parks and Recreation survey available through the end of March. Councilmember Burbidge encouraged citizens to attend the upcoming Police Town Hall meetings. She also announced the April I, 2006 Outback Steakhouse fundraising luncheon at II :00 to benefit the Advancing Leadership Class and reminded citizens of the low-income tax preparation assistance program through the Multi-Service Center. Councilmember Dovey noted the landfill report from the King County Solid Waste Committee meeting he attended earlier in the month. Councilmember Dovey further announced the April 3, 2006 Land Use and Transportation Committee meeting. Councilmember Faison had nothing to report but noted that he would prefer a light rail alignment that would benefit Federal Way directly. Councilmember McColgan explained the purpose of the general assembly meeting of the PSRC. Councilmember McColgan announced the Suburban Cities Association meeting on March 22, 2006 and the April 4, 2006 Boys and Girls Club annual breakfast at Emerald Downs at 7:30 AM. Deputy Mayor Ferrell mentioned discussion ofthe dangerous dogs ordinance at the last Parks, Recreation and Public Safety Committee (pRPSC). Action on this topic will next occur at the May PRPSC meeting; citizens are strongly encouraged to comment. Deputy Mayor Ferrell also encouraged citizens who are concerned about the proposed Library relocation to participate in the upcoming Council meeting on April 4, 2006 and the Library meeting on April 12,2006. If citizens are unable to attend the meetings, please contact the Council to share their thoughts. Lastly, Deputy Mayor Ferrell stated a rail system in Federal Way should be transportation-oriented rather than focused solely on economic development in Federal Way. Mayor Park reported that he attended a meeting with the citizens and mayors of Federal Way's neighboring cities to discuss ways to reduce prostitution. Mayor Park also announced he attended a meeting hosted by the City of Federal Way with Senator Murray and twelve south county mayors to discuss federal funding and issues important to our area. Lastly, Mayor Park announced the City was presented with the Korean- American Outreach Program Award while he and Councilmember Kochmar were in Washington, D.C. 10. CITY MANAGER REPORT Interim City Manager Derek Matheson stated the Executive Session scheduled this evening is expected to last approximately 30 minutes with no action. 11. EXECUTIVE SESSION Council adjourned to Executive Session at 9:20 PM to discuss the following items: a. Collective Bargaining pursuant to RCW 42.30.140(4)(a) b. Potential Litigation pursuant to RCW 42.30.110(1)(i) --------- PRELIMINARY 12. ADJOURNMENT Mayor Park adjourned the regular meeting of the Federal Way City Council at 9:58 PM. ArrEST: Krystal Kelsey, Deputy City Clerk APPROVED BY COUNCIL ON: -~ City of Federal Way Special City Council Study Session Community Center Business Plan Tuesday, April 4, 2006 City Hall 5:00 p.m. Council Chambers SUMMARY CITY COUNCIL MEMBERS IN ATTENDANCE: Mayor Park, Deputy Mayor Ferrell (arrived at 5:35), Councilmember Jeanne Burbidge, Councilmember Jack Dovey, Councilmember Eric Faison, Councilmember Linda Kochmar and Councilmember Dean McColgan. STAFF MEMBERS IN ATTENDANCE: Acting Interim City Manager Donna Hanson; Management Services Director Iwen Wang; City Attorney Pat Richardson; Parks Planning & Development Manager B. Sanders; Recreation & Cultural Services' Supervisor Mary Faber; Senior Planner Margaret Clark; Human Services Manager Angelina Allen-Mpyisi; CDBG Coordinator Kelli O'Donnell; and Deputy City Clerk Krystal Kelsey. OTHERS IN ATTENDANCE: Jill Krantz, with Greenplay, LLC. CALL TO ORDER: Mayor Park called the meeting to order at 5:09 p.m. DISCUSSION TOPICS: This meeting was strictly a work/study session; no action was taken. Council reviewed and discussed the following: . Overview of Plan . Operating Budget . Employee Use of Facilities/Discount . Next Steps ADJOURNED: The meeting was adjourned at 6:44 p.m. Recorded by Krystal Kelsey, Deputy City Clerk --.---- PRELIMINARY FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall April 4, 2006 - 7:00 PM MINUTES ***** 1. CALL MEETING TO ORDER Mayor Park called the meeting to order at 7:02 PM. Councilmembers present: Burbidge, Dovey, Faison, Kochmar, McColgan, Deputy Mayor Ferrell and Mayor Park. 2. PLEDGE OF ALLEGIANCE Led by the United States Air Force Junior ROTC from Federal Way High School. 3. PRESENTATIONS a. City ManagerlIntroduction of New City Employees - Acting Interim City Manager Donna Hanson introduced the following new employees, each of whom was unable to attend the meeting: . Erik Earle, GIS Technician position in the Management Services Department. Erik has been working for the City for just over two years as a temporary employee. . Jason Gerwen is the City's new Parks Maintenance Worker II. . Steve VanTrojen, Development Specialist in the Community Development Services Department. b. City ManagerlEmerging Issues 1. FEDERAL WAY LIBRARY, 320TH STREET BRANCH - POTENTIAL RELOCATION - Economic Development Director Patrick Doherty and Director of the King County Library System, Bill Ptacek, reviewed the history behind the decision to consider relocating the 320th Library Branch. 2. SW 356TH REGIONAL DETENTION FACILITY CONCERNS - Cary Roe. Public Works Director, discussed the results of his investigation into the drainage problems at the Owens' property, the cause of the problems, and suggestions for repairs. Mr. Roe explained that although property development in the area has slightly increased stormwater runoff onto the Owens property, the actual cause of the flooding are from structures installed by Mr. Owens and from lack of maintenance to an overflow channel which are private-property issues. Mr. Roe also explained that the repairs are simple in nature and relatively inexpensive. Council directed staffto place the issue on the next LUTC agenda to specifically discuss the City's role, if any, in funding/repairing the problems on the private property of Mrs. Owens. The Committee will bring their findings back to the full Council. --------- --------- PRELIMINARY 3. EARTHQUAKE PREPAREDNESS: STA TE- WIDE EAR1HQUAKE DRILL - Mr. Roe encouraged citizens and staff to actively participate in earthquake preparedness drills, such as the upcoming Drop, Cover & Hold exercise on April 6. CounciImember Kochmar also encouraged participation and noted the importance of knowing how to seek protection during a quake. 4. CITIZEN COMMENT ROGER FREEMAN, Chair of the Human Services Commission spoke in favor of agenda items "e, Approval of Scope of Work for the Multi-Service Center Employment Program" and "h - Human Services Commission 2006 Work Plan". Mr. Freeman also encouraged citizens to attend the Human Services Commission meetings and become more informed about the Commission. TERRY SLATON submitted a comment read into the record by by Deputy City Clerk Kelsey pertaining to defects in the Growth Management Act and encouraged Council to pursue agreements with other cities to force Seattle to share their biased revenues. EVELYN CASTELLAR claimed that she has been treated unfairly by the City and its staff and that her land rights had been violated. Roy PARK claimed that the Owens property problems are the City's responsibility. He further notified the Council that he has been the victim of a conspiracy and illegal condenmation by the City. Mr. Park further complained that since the meeting on March 21, 2006 he was threatened and that he has reported the incident to the FBI. DONNA McMILLAN, Senior Managing Librarian at Federal Way Libraries announced the upcoming meeting of the King County Library System to be held in Federal Way City Hall Chambers on April 12, 2006 at 6:30 p.m. She encouraged everyone to attend and voice their opinions on the location of the library. JOAN PIQUETTE spoke in opposition to moving the 320th Library. GA YLA HARDISON spoke in opposition to moving the 320th Library, against viewing panhandling as a form of "freedom of speech" and in support of Mrs. Owens. ELIZABETH HARDISON spoke in opposition to moving the 320th Library. SCOTT BONIFIELD spoke in opposition to moving the 320th Library. LAURA JOHNSON spoke in opposition to moving the 320th Library. SUE ELLEBRECHT spoke in opposition to moving the 320th Library. BENNY FLORES spoke in opposition to moving the 320th Library. HAROLD ISAACSON spoke in opposition to moving the 320th Library. LYNDA JENKINS spoke in opposition to moving the 320th Library. LURAINE MACLEOD spoke in opposition to moving the 320th Library. , PRELIMINARY LISA JOHNSON spoke in opposition to moving the 320tb Library. RADHIKA KUMAR spoke in opposition to moving the 320lh Library. REBECCA TEETERS spoke in opposition to moving the 320th Library. H. DAVID KAPLAN spoke in opposition to moving the 320lh Library. MARGARET NELSON spoke in opposition to moving the 320tb Library. TERRY SLATON submitted a statement read by Deputy City Clerk Kelsey in opposition to moving the 320th Library. JUDY JACOBSON submitted a statement read by Deputy City Clerk Kelsey in opposition to moving the 320th Library. RUTH MARY PETERSEN submitted a statement read by Deputy City Clerk Kelsey in opposition to moving the 320th Library. ANDREA SUTTINEN submitted a statement read by Deputy City Clerk Kelsey in opposition to moving the 320lh Library. DIANA NOBLE-GULLIFORD submitted a statement read by Deputy City Clerk Kelsey in opposition to moving the 320th Library. FROSTY HARDISON gave a PowerPoint presentation outlining his concerns for light rail in Federal Way. 5. CONSENT AGENDA a. Minutes: Approval of March 8, 2006 Special Meeting and March 21,2006 Special Meeting - PASSED b. Vouchers - PASSED c. Monthly Financial Report- PASSED d. Enactment Ordinance: Council Bill # 402 - Termination of AT&T Franchise - PASSED - ORDINANCE NO. 06-522 e. Approval of Scope of Work for the Multi-Service Center Employment Program - PULLED f. Grant Funding for Transportation Improvement Projects - PASSED g. Gravel Roads in City Rights of Way - Maintenance Policy - PASSED h. Human Services Commission 2006 Work Plan - PASSED 1. LTAC Mid-Biennium Budget Adjustments - PASSED J. MOD Friends of the Hylebos Invasive Weed Removal Program - PASSED k. Police Over-Hire Program - PULLED 1. Resolution to Grant Noise Variance to WSDOT - PASSED RESOLUTION NO. 06-473 m. South 356th St @ SR 99 Intersection Improvements Project - 30% Design Status Report- PASSED n. West Hylebos Wetlands Park 85% Design - PASSED Deputy Mayor Ferrell pulled item "e - Approval of Scope of Work for the Multi-Service Center Employment Program" from the agenda. Councilmember McColgan pulled item "k - Police Over-Hire Program" from the agenda. PRELIMINARY MOTION: Councilmember Dovey moved to approve items A - N on the consent agenda with the exception of items e & k. Councilmember McColgan second. The motion carried 7 - O. Deputy Mayor Ferrell stated that because he has recently served as a member of the Multi-Service Center Board, he would recuse himself from voting. MOTION: Councilmember Dovey moved approval of item e. Councilmember McColgan second. The motion carried 6 - 0; Ferrell recused. Councilrnember McColgan requested that Management Services Manager Iwen Wang give a brief presentation on the proposed Police Over-Hire Program. Ms. Wang explained that the program was developed because the turnover rate and extended leaves of absence in the Public Safety Department frequently result in understaffing levels while new officers are recruited and attend the academy. Councilmember McColgan commented that this solution was discussed at the Council Retreat earlier in the year and thanked staff for their efforts to implement it. MOTION: Councilmember McColgan moved approval of item k. Councilmember Burbidge second. The motion carried 7 - O. 6. COUNCIL BUSINESS: a. DIVERSITY COMMISSION ApPOINTMENT OF AL TERNA TE - Councilrnember Burbidge announced that because of an out-of-area relocation, Diversity Commissioner Christine Martin resigned her unexpired term. Councilmember Burbidge thanked Ms. Martin for her service to the Diversity Commission. Councilmember Burbidge noted that Alternate Commissioner Suzanne Smith is qualified for appointment to the Commission. MOTION: Councilrnember Buroidge moved to appoint Suzanne Smith to the Diversity Commission to fill an unexpired term ending May 31, 2008. Deputy Mayor Ferrell second. The motion carried 7 - O. 7. INTRODUCTION ORDINANCES a. Council Bill #403 - Ordinance Amending the Off-Site Real Estate Signs Code Amendment An ordinance of the City Council ofthe City ofF ederal Way, Washington, amending Federal Way City Code (FWCC) Chapter 22, Article XVIII, "Signs" related to the separation requirement for off site real estate signs and increasing the number of signs per agent per property (amending ordinance no's 90-43, 91-113, 92-135,92-144,95-235,96-270,97-307,99-342,99-348,99-357, 01-398,05-486,05-504). Deputy City Clerk Kelsey read the ordinance title into the record. Councilmember Dovey noted that this issue was brought about by a citizen who saw a problem with the sign code and requested a logical solution. Councilmember Dovey stated that this is a prime example of how City Government can work when issues are brought to the attention of the Council. MOTION: Councilmember Dovey moved to forward Council Bill #403 to a second reading on the April 18,2006 Council Agenda for enactment. Councilmember Kochrnar second. The motion carried 7-0. PRELIMINARY 8. CITY COUNCIL REPORTS Councilmember McColgan reported that he had attended the Puget Sound Regional Council (pSRC) general assembly and Vision 20/20 Awards. Mr. McColgan thanked Councilmember Kochmar for filling in for him at the PSRC vote and announced that five Federal Way projects were approved by PSRC to move. forward. The City of Federal Way received more approved projects than any other city; Councilmember McColgan thanked Mr. Roe for his work. Councilmember McColgan also announced the April 30 deadline for the Low-Income Senior Citizen Utility Bill Program. Councilmember Faison discussed the recent bill passed this year by the state legislature which will fully fund annexations over 10,000 by state dollars, instead of local funds. Councilmember Dovey encouraged his fellow Councilmembers to attend the Land Use and Transportation meeting on April 17, 2006 at 5:30 p.m. to discuss the Owens property improvements. Councilmember Burbidge announced the April 1 0,2006 meeting of the Parks, Recreation and Public Safety Conunittee. Councilmember Burbidge announced that the May meeting would include a discussion of the dangerous dogs ordinance. Councilmember Burbidge attended the Boys and Girls Club breakfast and thanked everyone who helped make the event successful. Lastly, Councilmember Burbidge announced the private fundraiser for the Community Center project. Councilmember Kochmar announced the April 25, 2006 Finance, Human Services and Regional Affairs Conunittee Meeting. Councilmember Kochmar also noted the award given to the City by PSRC for its planning in the Green River Watershed. Deputy Mayor Ferrell thanked all the citizens who shared their opinions with the Council and announced the upcoming April 12th meeting of the Library and the April 18th Council Meeting. He further encouraged anyone with an interest to contact the King County Library Board and to continue sharing their opinions with the City. Lastly, Deputy Mayor Ferrell expressed his pleasure with the Police Over-Hire Program. Mayor Park stated that he would be meeting with the Medina Foundation and Human Services staff to discuss needs in the Federal Way community. Mr. Park announced the Chamber/City Economic Development Meeting on April 6 at 7:30 a.m. at City Hall and the April 14, 2006 Lodging Tax Advisory Conunittee Meeting at 8:00 a.m. at City Hall. 9. CITY MANAGER REPORT Acting Interim City Manager Donna Hanson stated the Executive Session scheduled this evening is expected to last approximately 20 minutes with no action. MOTION: Councilmember Kochmar moved to suspend the Council Rules to adjourn after 10:00 p.m. Councilmember Dovey second. Motion carried 7 - O. 10. EXECUTIVE SESSION Council adjourned to Executive Session at 9:37 PM to discuss the following items: a. Collective Bargaining pursuant to RCW 42.30. 140(4)(a) b. Acquisition of Real Property pursuant to RCW 42.30.110(1)(b) PRELIMINARY 11. ADJOURNMENT Mayor Park adjourned the regular meeting of the Federal Way City Council at 9:56 PM. ATTEST: Krystal Kelsey, Deputy City Clerk APPROVED BY COUNCIL ON: -----.-- ~v'i\ \~,W~ 5-b MEETING DATE: .A..pFiI 4, 2996 ITEM# CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMENDMENTS TO FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE XVIII, "SIGNS" RELATED TO THE SEPARATION REQUIREMENT FOR OFFSITE REAL ESTATE SIGNS AND INCREASING THE NUMBER OF SIGNS PER AGENT PER PROPERTY -- ----..---- ~...__.. ..- - CATEGORY: BUDGET IMPACT: ~ CONSENT l'8l ORDINANCE Amount Budgeted: $ RESOLUTION o PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS o OTHER Contingency Req'd: $ --- A TT AClIMENTS: (1) Proposed Ordinance with Exhibit A (Amendments to FWCC Chapter 22, Article xvm, "Signs"); (2) March 9, 2006, Memorandum to the Land UsefTransportation Committee (LUTe) with Exhibits 1-5 (please not~ that due to their bulk, Exhibits 1-5 are not included, but are available in the Council Conference Room). - . - SUMMARYIBACKGROUND: The purpose ofthe proposed amendments is to amend FWCC Chapter 22, Article XVlli, "Signs," in order to adopt regulations to reduce the 200 foot lineal separation requirement for off-site real estate directional signs to less than 200 feet when necessary to indicate a turn or change in direction of travel and to increase the rlaximum allowable number of off~site real estate signs per property per agent from six to ten. The Planning Commision voted unanimously to approve these amendments during their January 15,2006, public hearing. CITY COUNCn.. COMMITTEE RECOMMENDATION: During the March 20,2006, LUTC meeting, the LUTC discussed the Planning Commission's recommendation and made a motion to forward the Planning Commission's recommendation to the City Council for first reading. ---. - --- PROPOSED MOTION: "I move the proposed ordinance amending FWCC Chapter 22, Article XVlli, "Signs," (Exhibit A) to second reading and enactment on April 18, 2006." CITY MANAGER APPROVAL: ~~ II . (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCn.. ACTION: 0 APPROVED COUNCIL BILL # ~3 0 DENIED 1 ST READING ~(b% o TABLED/DEFERRED/NO ACTION ENACTMENT READING ;gc MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # 1:\2006 Code Amcndments\Rea1 Estate SignsICity Council\AGENDA BILL.doc --....---- CITY OF FEDERAL WAY ORDINANCE NO. 06-, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASIDNGTON, AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE XVIII, "SIGNS," RELATED TO THE SEPARATION REQUIREMENT FOR OFFSITE REAL ESTATE SIGNS AND INCREASING THE NUMBER OF SIGNS PER AGENT PER PROPERTY (AMENDING ORDINANCE NO'S. 90-43, 91-113, 92-135, 92- 144,95-235,96-270,97-307,99-342,99-348,99-357,01-398,05-486,05-504) WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22, Article XVill, "Signs," meets the intent of Chapter 36.70A RCW, Growth Management; WHEREAS, the City of Federal Way finds that these code amendments will implement and are consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on February 15, 2006, and forwarded a recommendation of approval to the City Council; WHEREAS, the Land Userrransportation Committee of the Federal Way City Council considered these code amendments on March 20, 2006, following which it recommended adoption of the text amendments as recommended by the Planning Commission; WHEREAS, the City Council finds that the code amendments to reduce the lineal separation requirement for off-site real estate directional signs to less than 200 feet when necessary in order to indicate a turn or change in direction of travel and to increase the maximum allowable number of off-site real estate signs per property per agent from six to ten are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. Ord No. 06 - , Page 1 ------------- - Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the Federal Way Comprehensive Plan goal to encourage success of businesses in Federal Way by directing potential buyers to properties for sale thereby assisting both the real estate community and potential buyers. 2. The proposed FWCC text amendment bears a relationship to the public health, safety, and welfare because directing potential buyers to properties for sale may result in successful real estate transactions, which has a direct impact to the City's tax base, thereby providing money for City services and amenities. And 3. The proposed FWCC text amendments are in the best interest of the residents of the City because it assists the real estate community while still limiting the number and location of signs, minimizing visual impact. Section 3. Amendment. FWCC Chapter 22, Article xvrn, "Signs," is amended as set forth in the attached Exhibit A. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ord No. 06 - , Page 2 ---- Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City COl.ll1cil of the City of Federal Way at a regular meeting of the City Council on the day of , 2006. APPROVED: Mayor, Mike Park ATIEST: City Clerk, Laura Hathaway, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PuBLISHED: EFFECTIVE DAlE: ORDINANCE NO: 1:\2006 Code Amendments\Real Estate Signs\City Council\Adoption Ordinance.d0c/3/24/2006 9:40 AM Ord No. 06 - , Page 3 -------- - EXHIBIT A Federal Way City Code Chapter 22. Article XVIII. SIGNS Sections: 22-1596 Purpose. 22-1597 Definitions. 22-1598 Scope. 22-1599 Permits. 22-1600 Prohibited signs. 22-1601 Signs in nonresidential zoning districts. 22-1602 Construction standards. 22-1603 Variance from sign code. 22-1604 Compliance and enforcement. 22-1605 Reserved - Comprehensive design plan. 22-1606 - 22-1629 Reserved. 22-1596 Purpose. It is the purpose of this article to balance public and private needs. Within this broad purpose are the following objectives: (1) Recognize the visual communication needs of all sectors of the community for identification and advertising purposes; (2) Promote a positive visual image of the city and protect property values by: a. Encouraging signs that are appropriate and consistent with surrounding buildings and landscape in both scale and design, appropriate to the size of the subject property and the amount of street frontage adjacent to the subject property, and appropriate in relationship tothe size of the building; and b. Discouraging excessive numbers of signs; (:1) Protect the public health, safety, and welfare by regulating the placement, removal, installation, maintenance, size, and location of signs; (4) Support and enhance the economic well-being of all businesses within the city, and in particular recognize the needs of all businesses to identify their premises and advertise their products; (5) Assure equal protection and fair treatment under the law through consistent application of the regulations and consistent enforcement; (6) Provide consistency with the comprehensive plan; (7) Recognize that the aesthetic value of the total environment does affect economic values of the community, and that the unrestricted proliferation of signs can and does detract from the economic value of the community; (8) Provide controls on sign proliferation to preserve community scenic, economic, and aesthetic values; and (9) Provide for the elimination of billboard signs after a reasonable amortization period recognizing that billboards affect the aesthetic value of the community thereby reducing property values and impacting traffic safety because of the distraction that is created by large signage along public rights- of-way. (Ord. No. 95-235, S 4,6-6-95; Ord. No. 99-348, S 5, 9-7-99; Ord. No. 99-357, S 5, 12-7-99; Ord. No. 05- 486 S 3, 4-19-05) Page 1 of23 22-1597 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) Abandoned sign means any sign remaining in place after a sign has not been maintained for a period of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180 consecutive days. (2) Administrator means the director of community development or hislher designated representative. (3) Advertised activity for Freeway Profile Signs. For the purpose of measuring from the advertised activity for an individual business, the distance shall be measured from the sign to the nearest portion of that building, storage, or other structure or processing area which is the most regularly used and essential to the conduct of the activity, and for a center identification sign, which identifies businesses within a multi-tenant complex, the distance shall be measured from the sign to the nearest portion of the combined parking area of the subject property. (4) Animated or moving sign means any sign that uses movement or the appearance of movement of a sign display through the use of patterns of lights, changes in color or light intensity, computerized special effects, video display, or through any other method chasing or scintillating lights, fluttering or moving lights, lights with stroboscopic effect, or containing elements creating sound or smell; except for the scrolling of a static message, scene, or color onto or off a sign board in one direction per message. (5) Architectural embellishments - Signs means the aesthetic elements of the structure that includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements surrounding or supporting the sign. (6) Awning means a shelter projecting from and supported by the exterior wall of the building and, which is, constructed of a noncombustible framework and covered by a flexible or nonrigid fabric. Awnings can be fixed, retractable, or collapsible. Any structure that extends above the adjacent parapet or roof of a supporting building is not included within the definition of awning. (7) Awning or canopy sign means a non-electric sign on the vertical surface or flap that is printed on, painted on, or attached to an awning or canopy. lllumination for the awning or canopy shall be for safety purposes only, and therefore, shall point toward the ground and not illuminate the canopy. (See also "Marquee sign.") ". 11111l .......... ........ Figure 1- Awning or Can()pl' Sign (8) Balloon means a decorative inflatable device, generally composed of a thin layer of latex or mylar, into which a gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere. (See also "Inflatable advertising device.") (9) Banner means a sign made of fabric or any nonrigid material with no enclosing framework. (10) Billboard means permanent outdoor advertising off-site signs containing a message, commercial or otherwise, unrelated to any use or activity on the subject property on which the sign is located, but not including civic event signs, signs oriented to the interior of sports fields, government signs, or instructional signs. Page 2 of 23 ----- (11) Building-mounted signs means any sign attached to the facade or face of a building or mansard roof including without limitation wall signs, marquee signs, under canopy signs and projecting signs. (12) Cabinet sign means a sign constructed of a box, rigid material, or framework over or within which is secured the sign copy, text graphics, or other sign elements. Cabinet signs may have either interior or exterior illumination. pJ:":"}" /:~i;:';;::'ifi.ri;,{ /<;:r; ",' .,'".. 'I ~ ]p*E ~ II ....~ Figore 2 - Cabinet Sign (13) Canopy - Building means a rigid, multi-sided structure covered with fabric, metal, or other material and supported by a building at one or more points or extremities and by columns or posts embedded in the ground at other points or extremities. Any structure which extends above any adjacent parapet or roof of the supporting building is not included within the definition of a building canopy. (14) Canopy - Freestanding means a rigid, multi-sided structure covered with fabric, metal, or other material and supported by one or more posts embedded in the ground. (15) Canopy sign. See "Awning or canopy sign." (16) Center identification sign means a building-mounted or freestanding sign that identifies the name and/or logo of a development containing more than one office, retail, institutional or industrial use or tenant and which may separately identify the tenants. (17) Changeable copy sign means a sign whose informational content can be changed or altered (without changing or altering the sign frame, sign supports or electrical parts) by manual or electric, electro-mechanical, or electronic means. A sign on which the message changes more than eight times a day shall be considered an electronic changeable message sign and not a changeable copy sign for purposes of this chapter. A sign on which the changing is an electronic or mechanical indication of time and/or temperature shall be considered a "time and temperature" sign and not a changeable copy sign. (18) City means the city of Federal Way, a Washington municipal corporation, unless the context clearly indicates otherwise. (19) Clearview zone means the definition set forth in FWCC 22-1151 et seq. of this Code for intersection sight distance requirements. (20) Community service event or civic event means an event or gathering (such as a food fest, concert, fun run, cultural exhibition, or charitable fund raising event) sponsored by a private or public nonprofit organization. Sponsoring organizations can include, but are not limited to, schools, churches, and/or civic fraternal organizations, theater and arts groups, and charitable organizations. The event may not be primarily for the purpose of selling or promoting merchandise or services. (21) Construction sign means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Construction signs also include "Coming soon" and "Open During Construction" signs. (22) Copy means the graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. (23) Directional sign, on-site means a sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs). (24) Electrical sign means a sign or sign structure in which electrical wiring, connections, or fixtures are used. Page 3 of 23 (25) Electronic changeable message sign means an electronically activated. sign whose message content, either whole or in part, may be changed by means of electronic programming, (26) Exposed building face means the building exterior wall of a single occupant building or the building exterior wall of an individual tenant's leased space in a multi-tenant complex, including the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation for building-mounted signs. (27) Facade means the entire building front including the parapet. (28) Festoons means a string of ribbons, tinsel, small flags, or pinwheels. (29) Flag means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem or for decoration. (30) Flashing sign means a sign when any portion of it changes light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination. (31) Freestanding sign means a sign supported permanently upon the ground by poles, pylons, braces or a solid base and not attached to any building. Freestanding signs include those signs otherwise known as "pedestal signs," "pole signs," "pylon signs," and "monument signs." ,. I s... ~ ,.,.... .' :....., ~..J"":",".,,:,:,' t I Sign ....Igtt ...~ :;:'.~:,'-7~!.:;'."::".:..::;.;~",~y:,, ~~...". ....A Figure 3 - Freataoding Sign (32) Frontage means the length of the property line along any public right-of-way on which it borders. (33) Frontage, building means the length of an outside building wall on a public right-of-way. (34) Fuel price sign means a sign displaying the price of fuel for motorized vehicles. (35) Graffiti means the inscription of symbols, words, or pictures by painting, spray painting or other means of defacing public or private property. (36) Grand opening means a promotional activity used by newly established businesses to inform the public of their location and services available to the community. A grand opening does not mean an annual or occasional promotion of retail sales or other services, and does not include a change in ownership, remodeling, or other change incidental to the initial establishment of the business. (37) Ground-mounted sign means a pedestal sign, pole, pylon, monument sign, or any sign permanently affixed to the ground. Page 4 of23 ------ (38) Government sign means any temporary or permanent sign erected and maintained by any city, public utility, county, state, or federal government for designation of or direction to any school, hospital, hospital site, property, or facility, including without limitation traffic signs, directional signs, warning signs, informational signs, and signs displaying a public service message. (39) Height (of a sign) means the vertical distance measured from the highest point of the sign to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. (40) Identification sign means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified. (41) Identification sign (subdivision) means freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential.development. (42) Illuminated sign means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. (43) Incidental sign means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises (e,g., a credit card sign or a sign indicating hours of business). (44) Inflatable advertising device means an advertising device that is inflated by some means and used to attract attention, advertise, promote, market, or display goods and/or services. These devices include large single displays or displays of smaller balloons connected in some fashion to create a larger display. (45) Instructional sign means a sign~ which designates public information including, without limitation, public restroom signs, public telephone signs, exit signs and hours of operation signs. (46) Integral sign means a sign displaying a building date, monument citation, commemorative inscription, or similar historic information. (47) Kiosk means a freestanding sign, which may have a. round shape or which may have two or more faces and which is used to provide directions, advertising or general information. (48) Maintenance means the cleaning, painting, and minor repair of a sign in a manner that does not alter the basic design, size, height, or structure of the sign. (49) Marquee sign means any sign attached to or supported by a marquee, which is a permanent roof-like projecting structure attached to a building. (50) Menu board means a permanently mounted sign advertising the bill of fare for a drive-in or drive-through restaurant. (51) Monument sign means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. (See drawing set forth in FWCC 22-1602(c)(2), Figure 8.) (52) Multi-tenant complex means a complex containing two or more uses or businesses. (53) Multiuse complex means the definition of "multiuse complex" set forth in FWCC 22-1. (54) Mural means a design or representation that is painted or drawn on the exterior surface of a structure and that does not advertise a business, product, service, or activity. (55) Nameplate means a non-electric on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants of the building. (56) Neon (outline tubing) sign means a sign consisting of glass tubing, filled with neon gas, or other similar gas, which glows when electric current is sent through it. (57) Nonconforming sign means any sign, which was legally in existence on the effective date of this Code, February 28,1990, or on the effective date of annexation iflocated in areas annexed to the city thereafter, but which does not comply with this article or any other sections of this Code. (58) Notice of determination means the determination that the city issues as to whether a sign conforms to this article and other sections ofthis Code. (59) Obsolete sign means a sign that advertises a product that is no longer made, a business that is Page 5 of23 -------- - no longer in operation, or an activity or event that has already occurred, except for historical signs. (60) Off-site sign means a sign relating, through its message and content, to a business activity, use, product, or service not available on the subject property on which the sign is located. (61) On-site sign means a sign which contains only advertising strictly applicable to a lawful use of the subject property on which the sign is located, including without limitation signs indicating the business transacted, principal services rendered, and goods sold or produced on the subject property, or name of the business and name of the person occupying the subject property. (62) Person means any individual, corporation, association, fIrm, partnership, or other legal entity. (63) Pedestal means freestanding signs supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. Such base shall be equal to at least 50 percent of the sign width. (See drawing set forth in FWCC 22-l602(c)(1), Figure 6.) (64) Point of purchase display or sign means an advertisement for an item accompanying its display indicating only instructions and the contents or purpose of the item (e.g., an advertisement on a product dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.). (65) Pole or pylon signs means freestanding signs supported permanently upon the ground by poles or braces of materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property and not attached to any building. (See drawing set forth in FWCC 22-1602(c)(l), Figure 7.) (66) Political signs means temporary signs advertising a candidate or candidates for public elective offIce, or a political party, or signs urging a particular vote on a public issue decided by ballot in connection with local, state, or national election or referendum. (67) Portable sign means any sign designed to be moved easily and not permanently affIxed to the ground or to a structure or building. Portable signs differ from temporary signs in that portable signs are made of durable materials such as metal, wood, or plastic. (68) Pre-opening sign means a temporary sign.. which identifIes a new business moving into a new tenant space or building. The sign must include the name of the business and copy stating the b.'ll ("C' S " "Op . S "t) usmess WI open soon e.g., ommg oon... enmg oon..., e c. . (69) Private advertising sign means a temporary sign announcing an event, use or condition of personal concern to the sign user including without limitation "garage sale" or "lost animal" signs. (70) Private notice sign means a sign announcing a restriction or warning regarding the subject property, such as, but not limited to, "no trespassing" or "beware of dog." (71) Projecting sign means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifIcally designed to support the sign. Page 6 of23 _._----~ DO DO - - 0 0 I I Figure" - Projecting Sign (72) Public right-of-way means land owned, dedicated or conveyed to the public, used primarily for the movement of vehicles, wheelchair and pedestrian traffic and land privately owned, used primarily for the movement of vehicles, wheelchair and pedestrian traffic, so long as such privately owned land has been constructed in compliance with all applicable laws and standards for a public right-of-way. (73) Real estate, off-site sign means a portable or temporary sign announcing the proposed sale of property other than the property upon which the sign is located and providing directions to the subject property. (74) Real estate, on-site sign means a sign placed on the subject property and announcing the sale or rental of the subject property. (75) Registration sticker means the sticker that is assigned to a sign that has been inventoried and has been determined to comply with this article and other sections of this Code. (76) Roof sign means any sign erected, constructed, or placed upon, over, or extends above any portion of the roof of a building or structure, excluding signs affixed to the vertical face of a mansard or gambrel style roof, in which case a roof sign is any sign erected, constructed, or placed upon, over, or extends above the lowest vertical section of a mansard or gambrel roof. (77) Sign means any communication device, structure, fixture, or placard that uses colors, words, letters, numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or written copy for the purpose of: (a) Providing information or directions; or Page 7 of 23 --.--- ~~~ (b) Promoting, identifying, or advertising any place, building, use, business, event, establishment, product, good, or service, and includes all supports, braces, guys, and anchors associated with such sign. Painted wall designs or patterns" which do not represent a product, service, or registered trademark, and which do not identify the user, are not considered signs. If a painted wall design or pattern is combined with a sign, only that part of the design or pattern which cannot be distinguished from the sign will be considered as part of the sign. (78) Sign area means the entire area of a sign on which colors, words, letters, mnnbers, symbols, graphics, graphic design, figures, logos, trademarks and/or written copy is to be placed, excluding sign structure, architectural embellishments and framework. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols, trademarks, and/or written copy; provided, however, that individual letters, numbers or symbols using a canopy, awning or wall as the background, without added decoration or change in the canopy, awning or wall color, have sign area calculated by measuring the perimeter enclosing each letter, number or symbol and totaling the square footage of these perimeters. Grocery IBtrta+aI..rty-SgnInB I "ff -cr ... I.xelt.c......,) :::I SIGn AIle I Figore S - Caleolating Sign Area (79) Sign face means the area of a sign on which the colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademark and/or written copy is placed. Page 8 of 23 (80) Sign inventory sticker means the sticker that is assigned to any sign after it has been inventoried and determined to be a legal nonconforming sign. (81) Sign inventory sticker number means the inventory number that is assigned to a sign after it has been inventoried and determined to be a legal nonconforming sign. (82) Sign registration means the approval issued to any sign that has an approved sign permit and that has passed all inspections required by the city, or is in conformance with the Code after an analysis conducted as part of a sign inventory. (83) Snipe sign means a temporary sign or poster posted on trees, fences, light posts or utility poles, except those posted by a government or public utility. (84) Temporary sign means a sign not constructed or intended for long-term use. (85) Tenant directory sign means a sign for listing the tenants or occupants and then suite numbers of a building or center. (86) TIme and temperature sign means any sign that displays the current time and temperature, without any commercial message. (87) Under canopy sign means any sign intended generally to attract pedestrian traffic suspended beneath a canopy or marquee which is at a 90-degree right angle to the adjacent exposed building face and which contains no commercial messages other than the name of the business. (88) Vehicle sign means a sign temporarily affixed or attached to a parked vehicle for the purpose of advertising a product or service, or providing directions to such products or services. (89) Wall sign means either a sign applied with paint or similar substance on the surface of a wall or a sign attached essentially parallel to and extending not more than 24 inches from the wall of a building with no copy on the side or edges. (90) Warning sign means any sign which is intended to warn persons of prohibited activities such as "no trespassing," "no hunting," and "no dumping." (91) Window sign means all signs affixed to a window and intended to be viewed from the exterior ofthe structure. (Ord. No. 95-235, ~ 4, 6-6-95; Ord. No. 99-348, ~ 5,9-7-99; Ord. No. 99-357, ~ 5, 12-7- 99; Ord. No. 05-486, ~ 3,4-19-05; Ord. No. 05-487, 9 3,4-19-05; Ord. No. 05-504,93, 10-4-05) 22-1598 Scope. This article applies to all existing signs and all signs erected, moved, relocated, enlarged, structurally changed, painted, or altered after February 28, 1990, the date of incorporation, or after the effective date of annexation if located in areas annexed to the city thereafter. Any nonconforming sign shall be regulated pursuant to FWCC 22-335. (Ord. No. 95-235, ~ 4, 6-6-95; Ord. No. 99-348, ~ 5,9-7-99; Ord. No. 99- 357, ~ 5,12-7-99; Ord. No. 05-486, ~ 3,4-19-05) 22-1599 Permits. (a) Permit requirements. No sign governed by the provisions of this Code shall be erected, moved, enlarged, altered or relocated by any person without a permit issued by the city unless such sign is expressly excluded from this permitting requirement pursuant to subsection (d) of this section. An applicant shall pay the permit fees set forth in the city's fee schedule. No new permit is required for signs which have valid, existing permits and which conform with the requirements of this Code on the date of its adoption unless and until the sign is altered or relocated. Signs which, on the date of adoption of this Code, or date of annexation if located in areas annexed to the city thereafter, do not conform with this Code's requirements may be eligible for characterization as legal nonconforming signs under FWCC 22- 335. (b) Permit applications. Applications for permits shall contain the name and address of the owner and user of the sign, the name and address of the owner of the property on which the sign is to be located, the location of the sign structure, drawings or photographs showing the design and dimensions of the sign, details of the sign's proposed placement and such other pertinent information as the administrator may require to insure compliance with this Code. Page 9 of23 - -- ---" (c) Permit expiration and inspection. All sign permits expire one year from the date of issuance. If no work was initiated to install or construct any part of the sign, the permit for such sign expires six months from the date of issuance. All signs for which a permit was issued must receive a fmal inspection for compliance with applicable requirements. It is the responsibility of the applicant to provide access for inspection. (d) Permit exceptions. (I) Maintenance and operation. A sign permit is not required for maintenance of a sign or for operation of a changeable copy sign and/or an electronic changeable message sign. (2) Exempt signs. A sign permit is not required for the following signs or modifications to signs; provided, however, that such signs shall comply with all of the following requirements: a. Address identification with numbers and letters not more than 10 inches in height. b. Balloons no greater than 18 inches in diameter and no more than five balloons per display with a tether no longer than 36 inches. No more than two displays are permitted per site. c. Barber poles. d. Construction signs, so long as such signs are limited to two signs per project and each sign does not exceed 32 square feet per sign face and 10 feet in height. Construction signs shall not be displayed prior to issuance of a building permit and shall be removed prior to the issuance of a certificate of occupancy. One "Coming Soon" or "Open During Construction" sign per site entrance is also permitted. e. Directional signs, on-site. Each sign shall not exceed four square feet in sign area if the directional sign is indicating one direction and shall not exceed eight square feet in sign area if such sign is indicating more than one direction. Each sign may be no more than five feet in height. No more than two signs per street frontage are permitted for multi-tenant complexes. Single-tenant properties shall be reviewed on a case-by-case basis. Center or complex names or logos shall not comprise more than 20 percent of the total sign area. f. Flags of any nation, government, educational institution, or noncommercial organization. Decorative flags without corporate logos or other forms of advertising are also excluded from permit requirements. All flags must be a minimum size of five square feet unless it is a national or state flag and the official national or state flag is less than five square feet in size but not larger than 40 square feet in SIze. g. Fuel price signs. Signs shall be located on the property where fuel is sold, shall be limited to one monument sign per street frontage not exceeding five feet in height and sign area shall not exceed 20 square feet per sign face. h. Gravestones or other memorial displays associated with cemeteries or mausoleums. i. Historical site plaques and signs integral to an historic building or site. j. Holiday decorations displayed in conjunction with recognized holidays. k. Incidental signs attached to a structure or building, providing that the total of all such signs per use or business shall not exceed two square feet. 1. Instructional signs that do not exceed six square feet in area per sign face. m. Integral design features when such features are an essential part of the architecture of a building (including religious symbols) and when such features do not represent a product service, or registered trademark. n. Integral signs when no more than one per building. o. Interior signs located completely within a building or structure and not intended to be visible from outside the structure, exclusive of window signs. p. Menu board not to exceed 32 square feet per sign face and a maximum height of five feet (two permitted per site). q. Nameplates not to exceed two square feet per sign face. r. Nonblinking small string lights~ which are part of decoration to be used in association with landscaped areas and trees. Page 10 of23 ~n.__ s. Point of purchase displays. Point of purchase signs are limited to two square feet in area and one sign per point of purchase. Such signs shall only display instructional or price information and shall not include copy pertaining to any special sale or promotion. Point of purchase display signs shall be permitted in conjunction with an outdoor use, activity, or storage as authorized under Article H XIII, Division 8 of this chapter. t. Political signs so long as the maximum area per sign is limited to six square feet. No political sign shall be displayed later than seven calendar days after a final election. u. Private advertising signs. The sign shall be limited to eight square feet per sign face and five feet in height, the sign must be immediately removed at the end of an event, use or condition, the sign must contain the address of the event or advertiser, and there shall be no more than six such signs advertising an event. v. Private notice signs. w. Real estate signs. 1. Off-site. The number of off-site real estate signs shall be limited to s* ten per property per agent; provided, however, that there shall be a minimum separation of 200 lineal feet between such signs. except that signs may be placed less than 200 lineal feet apart when necessary to indicate a nun or change in direction of travel. The area of such signs shall be no greater than six square feet per sign face. All off-site real estate signs must be removed each day at the conclusion of the open house or other sales event and are permitted only between sunrise and sunset when the seller or the agent are in attendance at the subject property. 2. On-site. The number of on-site real estate signs shall be limited to one per agent per street frontage or public entrance if no street frontage exists. For dwelling units, the area of the sign shall be no greater than six square feet per sign face. For other uses and developments, the size shall not exceed 32 square feet per sign face. All on-site real estate signs must be removed when the sale closes, or in the case of a rental or lease, when the tenant takes possession. x. Temporary business signs for temporary business defined by FWCC ~ Chapter 9. Article VIT. Division 1; provided, however, that each licensed temporary business is only allowed two signs of 16 square feet per sign face. If only one sign is used, that sign may be 32 square feet per sign face, y. Under canopy signs not exceeding the width of the canopy and eight square feet in size; and provided, that a minimum separation exists between such signs equal to 20 lineal feet or more. z. Warning signs. aa. Window signs not exceeding 25 percent of the window area only to advertise products, goods or services for sale on site, business identification, hours of operation, address, and emergency information. bb. Signs on sports field fences not exceeding 32 square feet per sign that are securely attached to the fence, are not protruding above the fence line, and are oriented to the interior of the field. (e) Temporary and special signs. No permit for any sign for any civic event, community service event, special sale/promotional event, grand openings, mural display or scoreboards shall be used unless such sign complies with the sign type, maximum number, maximum sign face area, maximum height, location, duration and all other allowances and limitations for those uses described in Table 1, "Allowances for Temporary and Special Signs - Permit Required." (f) Government signs. The allowable type, number, sign area, height, location, and content of signs used to identify government facilities in residential zones must comply with Table 2, "Sign Allowances for Residential Zones - Permit Required." Signs for government facilities in non-residential zones must comply with the requirements of FWCC 22-1601. All signs must be approved by the city. Street and traffic signs are excluded from these requirements. (g) Residential zone signs. No permit in any residential zone shall be issued for any sign unless such sign complies with the sign type, maximum number, maximum sign area, maximum height, location, Page 11 of23 duration and all other allowances and limitations for those uses described in Table 2, "Sign Allowances for Residential Zones - Permit Required." (h) Sign registration. No person shall maintain a sign in the city without fITst having been issued a proper and current sign registration or a sign inventory sticker, unless the sign is expressly exempt from pennit requirements. All signs exempt from the permitting requirements set forth in this section shall be exempt from the registration requirements, or from having to obtain a sign inventory sticker, However, exempt signs must still be reviewed to ensure conformance with this article. A sign registration shall be valid until such time as the applicant alters the sign in any way, in which case the applicant will be required to apply for a new sign registration and sign permit. The city shall affix the registration sticker containing the registration number to the permitted sign. For signs located in areas annexed to the city, the city will issue a Notice of Determination as to whether the sign is in compliance with this Code, is a legal nonconforming sign pursuant to FWCC 22-335, or an illegal nonconforming sign pursuant to this Code. (i) Bond. The city may require a bond under FWCC 22-146 et seq. to ensure compliance with any aspect of this article. Table 1 Allowances for Temporary and Special Signs - Permit Required Sign Purpose! Applicable Sign Type Maximum Maximum Sign Area Maximum Height Location Remarks DescriDtion Zones Allowed Number Civic event or All Wall-mounted Handled on a Off-site signs, excluding Five feet except On site and 30 days prior to the community banners, case-by-case wall-mounted banners, wall-mounted off site event. Remove within service event temporary basis may be no larger than six signs five days of the close (temporary) portable signs, square feet per face. On ofthe event inflatable site signs and wall- advertising mounted banners may be devices, search no larger than 32 square lights and feet per face beacons Civic event or All Freestanding One per site The total sign area of Monument signs: Non- Electronic changeable community monument or freestanding monument six feet. residential message signs service event wall sign signs shall not exceed 64 Freestanding zones: on/off allowed. Signs cannot (pennanent) square feet for the total of signs: 12 feet. site. contain commercial all faces and no one face Wall signs shall Residential messages shall exceed 32 square not project above zones: on site feet. Wall signs shall not the roofline only exceed seven percent of the exposed building face to which it is attached Special sale! Non-residential Banners only Handled on a Handled on a case-by- Handled on a On site. Special promotions: promotional zoning districts case-by-case case basis case-by~ase basis Banners must 90 days total per event (e.g., basis be attached to calendar year. No anniversary an exposed more than four events sale, etc.) building face per year. Does not include window signs Grandopenings Non-residential Banners, Handled on a Handled on a case-by- Handled on a On site. Grand openings: 30 . zoning districts temporary case-by~ase case basis case-by~ase basis Banners must days. Event IIKIst portable signs, basis be attached to occur within 60 days inflatable an exposed of occupancy advertising building face devices, search lights and beacons Mural display Non-residential Painted mural Handled on a Handled on a case-by- Handled on a Handled on a zoning districts case-by-case case basis case-by-case basis case-by~ase basis basis Scoreboards( at All Electronic Handled on a Handled on a case-by- Handled on a Handled on a hletic fields) changeable case-by~ase case basis case-by-case basis case-by~ase message sign basis basis Page 12 of23 -- Table 2 Sign Allowances for Residential Zones - Permit Required Residential Zones = Suburban Estates (SE), Single-Family (RS), Multifamily Residential (RM) Land Use Applicable Sign Type Maximum Maximum Sign Area Maximum Location Remarks Zone Allowed Number Height Institutional SE, RS, RM Canopy sign One sign for The total sign area of Wall and Subject Internally illuminated . Govt. facility Monument sign each public monument signs shall canopy signs: property: signs are not allowed; . Public park Pedestal sign entrance not exceed 64 square cannot setback five- provided, however, that . Public utility Wall sign providing feet for the total of all project above foot minimum electronic changeable . School direct vehicle faces and no one face the roofline. message signs and access shall exceed 32 square Monument changeable copy signs feet. Wall signs and signs: six are allowed. City may canopy signs shall not feet. Pedestal impose additional exceed seven percent sign: 12 feet limitations on signs to be of the exposed compatible with nearby building face to which residential areas it is attached Recreation SE, RS, RM Canopy sign One sign for The total sign area of Wall and Subject Internally illuminated . Golf course Monument sign each street monument signs shall canopy signs: property: signs are not allowed; . Recreation Pedestal sign frontage not exceed 64 square cannot setback five- provided, however, that area or Wall sign providing feet for the total of all project above foot minimum the electronic clubhouse direct vehicle faces and no one face the roofline. changeable message . Sports field - access shall exceed 32 square Monument signs and changeable Private, non- feet. Wall signs and signs: six copy signs are allowed. commercial canopy signs shall not feet. Pedestal City may impose exceed seven percent sign: 12 feet additional limitations on of the exposed signs to be compab'ble building face to which with nearby residential it is attached areas Residential SE, RS, RM Monument sign One per Two square feet Wall and Subject Commercial messages dwelling units Wall sign dwelling unit canopy signs: property: not allowed. Internally cannot setback five- illuminated or electrical project above foot minimum signs not allowed the roofline. Monument signs: five feet Subdivision SE,RS,RM Monument sign Two per Two signs per Wall and Subject Commercial messages identification Pedestal sign major entrance totaling no canopy signs: property not allowed. Internally Pole sign entrance more than 50 square cannot illuminated or electrical Pylon sign feet. No one sign may project above signs not allowed. Signs Wall sign be more than 32. the roofline. may be included as part square feet Monument, of a fence or other pedestal, pole architectural feature or pylon signs: five feet Manufactured RS,RM Monument sign Two per 32 square feet per Wall and Subject Commercial messages home park Wall sign major entrance. Wall signs canopy signs: property: not allowed. Internally identification entrance and canopy signs cannot setback five- illuminated or electrical shall not exceed seven project above foot minimum signs not allowed percent of the exposed the roofline. building face to a Monument maximum of 100 signs: five square feet feet Multifamily RM,RS Monument sign Two per 32 square feet per Wall and Subject Commercial messages complex Wall sign major entrance. Wall signs canopy signs: property: not allowed. Phone identification entrance and canopy signs cannot setback five- numbers are permitted shall not exceed seven project above foot minimum on wall-mounted signs percent of the exposed the roofline. when not facing another building face to a Monument residential use. Internally maximum of 100 signs: five illuminated or electrical square feet feet signs not allowed Page 13 of 23 Land Use Applicable Sign Type Maximum Maximum Sign Area Maximum LOCiltion Remarks Zone Allowed Number Height Unique SE,RS Handled on a Handled on a Handled on a case-by- Handled on a Handled on a Handled on a case-by- . Cemetery case-by-case case-by-case case basis case-by-case case-by-case case basis basis basis basis basis Day care or SE,RS,RM Canopy sign One Wall or canopy signs Five feet Subject Electronic changeable pre-school, Monument sign freestanding may not exceed seven property: message signs and excluding Wall sign sign per street percent of the exposed setback five- changeable copy signs Class II home frontage building face to which foot minimum are allowed. City may occupations the sign is attached to impose additional a maximum of 50 limitations on signs to be square feet. The total compatible with nearby sign area for residential areas monument signs may not exceed 20 square feet per sign face. A day care or pre-school that is part of a church or synagogue may add 20 square feet per face to an existing monument sign associated with the church or synagogue Church, SE, RS, RM Canopy sign One sign for The total sign area of Wall and Subject Electronic changeable synagogue, or Monument sign each street monument signs shall canopy signs: property: message signs and other place of Wall sign frontage not exceed 64 square cannot setback five- changeable copy signs worship providing feet for the total of all project above foot minimum are allowed. City may direct vehicle faces and no one face the roofline. impose additional access shall exceed 32 square Monument limitations on signs to be feel Wall signs and signs: five compatible with nearby canopy signs shall not feet residential areas exceed seven percent of the exposed building face to which it is attached (Ord. No. 99-348, ~ 5, 9-7-99; Ord. No. 99-357, ~ 5,12-7-99; Ord. No. 05-486, ~ 3,4-19-05; Ord. No. 05-487, ~ 3, 4-19-05) 22-1600 Prohibited signs. The following signs or displays are prohibited in all zones within the city. Prohibited signs are subject to removal by the city at the owner's or user's expense pursuant to FWCC 22-1604: (1) Abandoned or obsolete signs. (2) Animated or moving signs. (3) Banners, except as expressly allowed pursuant to Table 1 and FWCC 22-1599(d)(2)(f). (4) Billboards. (5) Dilapidated, nonmaintained signs. (6) Flashing signs, except electronic changeable message signs or changeable copy signs. (7) Graffiti. (8) Inflatable advertising devices, except as expressly allowed in FWCC 22-1599(e). (9) Mylar balloons. (10) Obstructing signs which obstruct or interfere with free access to or egress from a required exit from a building or structure. (11) Off-site signs except those expressly allowed in this chapter. (12) Pennants, streamers, ribbons, spinners, whirlers, propellers, festoons, blinking lights, or similar items that attract attention through movement, reflection or illumination unless expressly allowed pursuant to Table 1 of this article. (13) Portable signs except as expressly allowed in FWCC 22-1599(d)(2). Page 14 of23 -------------------- - ----------- (14) Real estate signs providing information other than the name of the development and that the subject property is for sale, lease or rent, such as signs which only announce the features or amenities of the subject property (Le., features such as indoor pool, hot tub, fireplaces, skylights, covered parking, free cable, laundromat services, community centers, etc.). (15) Right-of-way signs including any sign in a public right-of-way except governmental signs. (16) Roof signs. (17) Simulations of traffic signs. Any sign using the words "stop," "look," or "danger," or any other words, symbols, or characters in such a manner as to interfere with, mislead, or confuse pedestrian or vehicular traffic. (18) Snipe signs. (19) Vehicle signs including any sign attached to, or placed on, a parked vehicle or trailer used principally for advertising purposes, rather than transportation, but excluding signs relating to the sale, lease, or rental of the vehicle or trailer and excluding signs which identify a firm or its principal product on a vehicle operated dming the normal course of business. (Ord. No. 95-235, ~ 4, 6-6-95; Ord. No. 99-348, ~ 5,9-7-99; Ord. No. 99-357, ~ 5, 12-7-99; Ord. No. 05-486, ~ 3,4-19-05) 22-1601 Signs in nonresidential zoning districts. (a) Freestanding signs. Permit applications for freestanding signs shall be designated as qualifying for a high profile, medium profile or low profile sign, based upon criteria regarding both the size and zoning designation of the development. The sign profile designation shall control the sign types, sign height, sign area and number of signs allowed. In addition to the categories available in FWCC 22-1601(a)(1) and (2), a subject property may be permitted an additional freestanding sign if it meets the criteria contained in FWCC 22-1 60 I (a)(4). Separate parcels or pads for single-tenant buildings that comply with all zoning requirements for single-tenant parcels, excluding access, and are not otherwise tied to an adjacent multi-tenant center by virtue of architectural style or theme, are permitted one freestanding monument or pedestal.sign not to exceed a maximum sign area of 80 square feet for the total of all sign faces with no one sign face exceeding 40 square feet. (1) High profile sign. a. Criteria. A subject property meeting all of the following criteria is permitted a high profile freestanding sign: 1. A minimum of 250 feet of frontage on one public right-of-way; 2. A zoning designation of city center core (CC-C) or city center frame (CC-F), or community business (BC); 3. A multiuse complex; and 4. A minimum site of 15 acres in size. b. Sign types. The following sign types are allowed for a high profile sign: 1. Pylon or pole signs; provided, however, that any pylon or pole sign must have more than one pole or structural support; 2. Pedestal signs; 3. Monument signs; 4. Tenant directory signs; and 5. Kiosks. Sign content for any pylon or pole sign, or for any pedestal or monument sign in lieu of a pylon or pole sign, may include electronic changeable messages, center identification signs and/or changeable copy signs. Any high profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. c. Sign height. A high profile sign shall not exceed the following maximum heights: 1. Pylon or pole sign: Twenty-five feet; 2. Pedestal or monument signs: Twelve feet if in lieu of a pylon or pole sign. Otherwise, pedestal and monument signs shall not exceed five feet; Page 15 of23 ___ _____ __________________n____ 3. Tenant directory or kiosk signs: Six feet unless the sign is set back a minimum of 50 feet from any public right-of-way, in which case it may be 10 feet. d. Sign area. A high profile sign shall not exceed the following maximum sign areas: 1. Pylon or pole sign: 400 square feet for the total of sign faces with no one sign face exceeding 200 square feet; 2. Pedestal or monument signs: 128 square feet for the total of all sign faces with no one face exceeding 64 square feet; 3. Tenant directory or kiosk signs: 15 square feet per sign face. e. Number of signs. A subject property qualifying for a high profile sign may have the following maximum number of signs: 1. Pylon or pole sign: one sign unless the subject property has an additional 500 feet of street frontage for a total of 750 feet of aggregate frontage on any public rights-of-way, in which case the subject property will be allowed one additional high profile sign, not to exceed a maximum of two such signs per subject property; 2. Pedestal or monument signs: If the pedestal or monument sign is in lieu of a pylon or pole sign, the number of signs allowed shall be determined pursuant to subsection (e)(1) of this section. ill addition, two monument signs which identify the name of any multiuse complex are allowed, per entrance from a public right-of-way, not to exceed five feet in height; and 3. Tenant directory or kiosk signs: One sign per frontage on a public right-of-way. (2) Medium profile sign. a. Criteria. A subject property that does not qualify for a high profile sign pursuant to subsection (a)(l) of this section and is not a low profile sign by being zoned office park (OP) or professional office (PO) pursuant to subsection (a)(3) of this section is permitted a medium profile freestanding sign. b. Sign types. The following sign types are allowed for a medium profile sign: 1. Pedestal signs; and 2. Monument signs. Sign content for any medium profile sign may include electronic changeable messages, center identification signs and/or changeable copy signs. Any medium profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. c. Sign height. The height of a medium profile sign shall be calculated at the rate of 0.75 feet in the sign height for every 10 lineal feet of frontage on a public right-of-way; provided, however, that sign height shall be calculated at the rate of one and one-half feet in sign height for every 10 lineal feet of frontage on a public right-of-way for any multi-tenant complex; and provided further, that such sign shall not exceed a maximum height of 12 feet and every applicant is entitled to a minimum height of five feet. d. Sign area. For any multi-tenant complex, sign area allowed for a medium profile signs shall be calculated at the rate of two square feet per lineal foot of frontage on a public right-of-way not to exceed a maximum sign area of 128 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 64 square feet. For other uses, sign area allowed for medium profile sign shall be calculated at the rate of one square foot per lineal foot of frontage on a public right-of-way not to exceed a maximum sign area of 80 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 40 square feet. Notwithstanding the foregoing sign area calculations, every applicant is entitled to a minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25 square feet. e. Number of signs. A subject property qualifying for a medium profile sign may have one pedestal or monument sign for each street frontage. Each street frontage exceeding 300 linear feet and containing more than one vehicular access is permitted one additional freestanding sign. No subject property may contain more than three freestanding signs regardless of total linear street frontage and no one street frontage may have more than two freestanding signs. Freestanding signs shall be located a minimum distance of 200 feet from other freestanding signs on the same subject property. Page 16 of23 -- --.. .._~------_.- ---- (3) Low profile sign. a. Criteria. A subject property located in the office park (OP) or professional office (PO) zone is permitted a low profile freestanding sign. b. Sign types. The following sign types are allowed for a low profile sign: 1. Pedestal signs; 2. Monument signs; and 3. Tenant directory signs. Sign content for any pedestal or monument sign may include center identification signs and/or changeable copy signs. Any low profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. c. Sign height. A low profile sign shall not exceed the following maximum heights: 1. Pedestal or monument signs: Five feet. 2. Tenant directory signs: Six feet unless the sign is set back a minimum of 50 feet from any public right-of-way, in which case it may be 10 feet. d. Sign area. 1. Pedestal or monument signs: Sign area allowed for a low profile sign shall be calculated at the rate of one square foot per lineal foot of frontage on a public right-of.;.way; provided, however, that a low profile sign shall not exceed a maximum sign area of 80. square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 40 square feet, and every applicant is entitled to a minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25 square feet; 2. Tenant directory signs: 15 square feet per sign face. e. Number of signs. A subject property qualifying for a low profile sign may have the following maximum ~umber of signs: 1. Pedestal or monument signs: One sign per frontage on a public right-of-way; and 2. Tenant directory signs: One sign per frontage on a public right-of-way. (4) Freeway profile signs. In addition to the categories available in FWCC 22-1601 (a)(l) and (2), a subject property may be permitted an additional freestanding sign if it meets the following: a. Criteria. 1. Abuts the right-of-way of Interstate 5; 2. Is located in zoning designation of City Center Core (CC-C), or Community Business (BC). b. Sign type. A pylon or pole sign is allowed provided, that any pylon or pole sign must have more than one pole or structural support; and its design must be compatable to the architecture of the primary structure on site or to the primary sign(s) already permitted on the subject property. Alternatively, a pylon or pole sign may have one pole or structural support if it results in superior design, which shall be subject to the director's approval. Sign content for any pylon or pole sign, may include center identification signs provided, however, that all font sizes used are a minumum two (2) feet tall. Any freestanding freeway profile sign may be an illuminated sign, and/or a neon sign. Animated or moving signs and electronic changeable message signs shall not be permitted. c. Sign orientation. The sign must be oriented toward 1-5, be visible from 1-5 (not the off-ramps), and be located near the property line closest to 1-5. d. Sign height. If the subject property has an elevation lower than the freeway, a freeway profile sign shall not exceed 25 feet above the elevation of the nearest driving lane of the freeway at a point nearest to the proposed location of the sign. If the subject property has an elevation that is higher than the nearest driving lane of the freeway, then the sign shall be no taller than 20 feet above the average finshed ground elevation measured at the midpoint of the sign base. However, the maximum height of the sign can be increased to 40 feet above the average finshed ground elevation measured at the midpoint of the Page 17 of23 ----------------~ ----- sign base in order to be visible above trees or other obstructions, subject to the director's approval. The sign height shall be measured by a licensed surveyor and the applicant shall be responsible for providing the surveyor. e. Sign area. 1. For a subject property with a multi-tenant complex, a center identification sign identifying only the name of the center shall not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feet. 2. For a subject property with a multi-tenant complex, a center identification sign, which identifies businesses within the multi-tenant complex, and which is located 50 feet or less from the advertised activity shall not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feet. 3. For a subject property with a multi-tenant complex, a center identification sign, which identifies businesses within the multi-tenant complex, and which is located more than 50 feet from the advertised activity shall not exceed 300 square feet for the total sign faces, with no one sign face exceeding 150 square feet. No one dimension of the sign face may exceed 20 feet. 4. For a subject property with a multi-tenant complex, a sign advertising just one business shall be located 50 feet or less from the advertised activity with no one sign face exceeding 150 square feet. No one dimension of the sign face may exceed 20 feet. 5. For a subject property with a single-tenant building, a sign located SO feet or less from the advertised activity shall not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feet. 6. For a subject property with a single-tenant building, a sign located more than SO feet from the advertised activity shall not exceed 300 square feet for the total sign faces, with no one sign face exceeding 1 SO square feet. No one dimension of the sign face may exceed 20 feet. f. Number of signs. A subject property qualifying for a freeway profile sign may have only one freeway profile sign per subject property. The applicant shall be responsible for compliance with applicable federal, state and local laws including the Revised Code of Washington (RCW) 47.42 ,and the Washington Administrative Code (WAC) 468-66. (5) Combined sign packagefor adjacent property owners. The owners of two or more properties that abut or are separated only by a vehicular access easement or tract may propose a combined sign package to the city. The city will review and decide upon the proposal using process m. The city may approve the combined sign package if it will provide more coordinated, effective and efficient signs. The allowable sign area, sign type, sign height and number of signs will be determined as if the applicants were one multi-tenant complex. (b) Building-mounted signs. (1) Sign types. The following sign types may be building-mounted signs and are allowed in all nonresidential zoning districts: a. Awning or canopy signs; b. Center identification signs; c. Changeable copy signs; d. Civic event signs; e. Directional signs, on-site; f. Electronic changeable message signs; g. Instructional signs; h. Marquee signs; i. Projecting signs; j. Tenant directory signs; k. Time and temperature signs; 1. Under canopy signs; and Page 180[23 ------ m. Wall-mounted signs. Any building-mounted sign may be an electrical sign, an illuminated sign, and/or a neon sign. (2) Sign height. No sign shall project above the roofline of the exposed building face to which it is attached. (3) Sign area. The total sign area of building-mounted signs for each business or tenant, excluding under canopy signs, shall not exceed seven percent of the exposed building face to which it is attached; provided, however, that no individual sign shall exceed a sign area of 240 square feet and every applicant is entitled to a minimum sign area of 30 square feet. A multi-tenant complex which does not use a freestanding sign may have two additional wall-mounted signs. No one sign may exceed seven percent of the exposed building face to which it is attached, to a maximum of 240 square feet per sign. This sign is in addition to any other tenant signs on that building face. (4) Number of signs. The number of building-mounted signs permitted each user is dependent upon the surface area of the largest single exposed building face of his or her building as follows, excluding wall-mounted center identification signs: Largest Exposed Building Face lMaximum Number of Signs Less than 999 SQ. ft. 2 1,000 - 2,999 SQ. ft. 3 3,000 - 3,999 SQ. ft. I 4 I I 4,000 and over sq. ft. II 5 I Buildings with more than 4,000 square feet on any exposed building face, with several clearly differentiated departments, each with separate exterior entrances, are permitted one sign for each different department with a separate exterior entrance, in addition to the five permitted. No sign or signs may exceed the maximum area permitted for that building face except as may be specifically permitted by this code. However, an applicant is allowed to move allotted signs, as calculated in subsection (b)(4) from one building face to another. Each business or use shall be permitted under canopy signs in addition to the other permitted building-mounted signs subject to the size and separation requirements set forth in FWCC 22- 1599(d)(2)(w). (c) Sign area multipliers. The sign area and sign number allowed, as set forth in subsection (a)(l)(d) and (a)(l)(e) of this section for high profile signs, (a)(2)(d) and (a)(2)(e)ofthis section for medium profile signs, and (a)(3)(d) and (a)(3)(e) of this section for low profile signs and subsection (b)(3) of this section for building-mounted signs may be increased in the following instances; provided, however, that in no event shall the sign exceed the maximum sign area allowed: (1) If no signs on the subject property have internally lighted sign faces, then the total sign area allowed may be increased by 25 percent. (2) If all signs, other than center identification signs, are'building-mounted signs, the total sign area allowed may be increased by 25 percent. (3) A time and temperature sign may be included with any sign and such time and temperature signs shall not be included for purposes of calculating maximum sign area or maximum number of signs. (Ord. No. 95-235, ~ 4, 6-6-95; Ord. No. 96-270, ~ 3(F), 7-2-96; Ord. No. 99-348, ~ 5,9-7-99; Ord. No. 99-357, ~ 6,12-7- 99; Ord. No. 05-486, ~ 3,4-19-05; Ord. No. 05-504, ~ 3,10-4-05) 22-1602 Construction standards. (a) Structural components. To the maximum extent possible, signs should be constructed and installed so that angle irons, guy wires, braces and other structural elements are not visible. This limitation does not apply to structural elements that are an integral part of the overall design such as decorative metal or wood. Page 19 of 23 (b) Sign setback requirements. The required setback from the property lines for all signs shall be not less than five feet from the subject property line in residential zones and not less than three feet from the subject property line in all other zones. (c) Dimensional and design standards. (1) Pedestal, pole or pylon signs. The following drawings illustrate the dimensional standards for pedestal, pole or pylon signs: D 1......1 ! r~"':~;,,:~: .: ~ ."'. :."., =~ ." , ~. -:>;'5' .... .......... Figure 6 - Type A Pedestal A ~ 50% of B A~50% ofD B = Height of sign (maximum height - FWCC 22-1601) C ~ 20% of B I r =1:'"" '~., - ..~ ""'''- -, -~ -- ~.:u.....,:........ Figure '1 -1'ype B Pokor PytOD Sign B = Height of sign (maximum height - FWCC 22-160 1) C~20% ofB E ~ 4 inches (2) Monument signs. The following figures illustrate the dimensional standards for monument signs: Page 20 of23 B EJ 1 ",. .~. -- ",.,...,.,.... . " .""~ . -- ...... .....,. D ......... ....~...,~ Fig.are 8 - Ml)lium~t Sign A: Maximum height of sign per FWCC 22-1601 B: Maximum = 200% of A C: Minimum = 20% of A D: Equal to 100% ofB (3) Design criteria. a. Sign base. The base of the sign must be done in landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete or materials that are harmonious with the character of the primary structures on the subject property and subject to the administrator's approval. No visible gap shall be allowed between the sign base and the finished grade or between the sign face or cabinet and the sign base. b. Sign face. The color, shape, material, lettering and other architectural details of the sign face must be harmonious with the character of the primary structure. (4) Minor deviations. Minor deviations from the dimensional standards for signs, except for maximum sign height, may be approved by the administrator ifhe or she concludes that the resulting sign does not significantly change the relative proportion ofthe sign base to the sign face. (d) Location. No sign shall be so located so as to physically obstruct any door or exit from a building. No sign shall be located so as to be hazardous to a motorist's or pedestrian's ingress or egress from buildings or parking areas. No sign shall be located within the clearview zone. (e) Landscaping around freestanding signs. To improve overall appearance of the sign and to reduce the risk of motor vehicles hitting the sign or supports of the sign, an area adjacent to the base of each freestanding sign must be landscaped equal to the sign area; provided, however, that the city will not require more than 200 square feet of landscaped area. This landscaping must include vegetation and may include other materials and components such as brick or concrete bases as evidenced in plazas, patios and other pedestrian areas, planter boxes, pole covers or decorative framing. Landscaping can include evergreen shrubs, deciduous shrubs, vines, and groundcover or grasses. If low shrubs and groundcover are to be used, at the time of planting, a minimum of 50 percent. of the required landscaped area should be planted with low shrubs and groundcover such that within two years, 90 percent of the landscaped area is covered. If all grasses are to be used, the landscaped area must be covered 100 percent at time of planting. Low maintenance plantings are recommended. Alternative landscape plans may be submitted in writing and will be reviewed on a case-by-case basis. These may include, but are not limited to, existing plantings in the area of the sign or landscaping required to be provided under Article XVII, Landscaping, of this chapter. (f) TIlumination limitations of electrical signs (does not apply to neon signage). No sign may contain or utilize any of the following: Page 21 of23 (1) Any exposed incandescent lamp with a wattage in excess of25 watts. (2) Any exposed incandescent lamp with an internal or external reflector. (3) Any continuous or sequential flashing device or operation. (4) Except for electronic changeable message signs, any incandescent lamp inside an internally lighted sign. (5) External light sources directed towards or shining on vehicular or pedestrian traffic or on a street. (6) Internally lighted signs using 800-milliamp or larger ballasts if the lamps are spaced closer than 12 inches on center. (7) Internally lighted signs using 425-milliamp or larger ballasts if the lamps are spaced closer than six inches on center. (8) All illumination for externally illuminated signs must be aimed away from nearby residential uses and on-coming traffic. (g) Setback and distance measurements. The following guidelines shall be used to determine compliance with setback and distance measurements: (1) The distance between two signs shall be measured along a straight horizontal line that represents the shortest distance between the two signs, (2) The distance between a sign and a property line shall be measured along a straight line representing the shortest distance between the sign and the property line. (Ord. No. 95-235, ~ 4, 6-6-95; Ord. No. 99-348, ~ 5,9-7-99; Ord. No. 99-357, ~ 5,12-7-99; Ord. No. 05-486, ~ 3,4-19-05) 22-1603 Variance from sign code. (a) Scope. This section establishes the procedure and criteria the city will use in making a decision upon an application for a variance from the provisions of this sign code. (b) Required review process. The city will review and decide upon applications for a variance to any of the provisions of this article using process IV, Article VII of this Code. (c) Criteria. The city may grant the variance only if it fmds all of the following: (1) The literal interpretation and strict application of the provisions and requirements of the sign regulations would cause undue and unnecessary hardship because of unique or unusual conditions pertaining to the specific building, parcel or subject property; (2) A sign package consistent with the provisions of this article would not provide the use or the business with effective signs; (3) The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located; (4) The variance is not granted for the convenience of the applicant or for the convenience of regional or national businesses~ which wish to use a standard sign; (5) The special circumstances of the subject property are not the result of the actions of the applicant, the owner of the property or a self-induced hardship; and (6) The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is located. (d) Conditions and restrictions. As part of any variance approval of a request under this section, the city may inipose any conditions, limitations or restrictions it considers appropriate under the circumstances. This may include, but is not limited to, requiring that the owner of the subject property sign a covenant or other written document to be filed with the county to run with the property by which, at a time certain or upon specific events, the signs on the subject property would be brought into compliance with all applicable city regulations then in effect. The city may also require a performance bond under FWCC 22-1599(i) to insure compliance with any such condition or restriction. (Ord. No. 95- 235, ~ 4, 6-6-95; Ord. No. 97-291, ~ 3,4-1-97; Ord. No. 99-348, ~ 5, 9-7-99; Ord. No. 99-357, ~ 5, 12-7-99; Ord. No. 05-486, ~ 3,4-19-05) Page 22 of 23 22-1604 Compliance and enforcement. (a) Compliance with other applicable codes. All signs erected or altered under this article must comply with all applicable federal, state and local regulations relating to signs, including without limitation the provisions of the International Building Code and the National Electric Code as adopted in FWCC 5-66 by the city. If any provision of this Code is found to be in conflict with any provision of any zoning, building, fIre, safety or health ordinance or code of the city, the provision which establishes the higher standard shall prevail. (b) Sign maintenance. All signs must be kept in good repair and in a safe manner at all times. The property owner must repair damaged or deteriorated signs within 30 days of notifIcation by the city. The area surrounding freestanding signs must be kept free oflitter and debris at all times. (c) Administrative fee. All signs removed by the city shall be available for recovery by the owner of such sign for a period of two weeks, after which they will be destroyed. Recovery of any sign removed by the city shall be subject to payment of an administrative fee to partially cover the city's cost in removing and storing the sign as follows: (1) First violation fee: $5.00 per sign. (2) Subsequent violations fee: $7.00 per sign. The city shall not be responsible for damages or loss during removal or storage of any signs. This administrative fee shall be in addition to any civil penalty imposed pursuant to this chapter. (d) Civil enforcement. Civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed as set forth below, and by Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specifIed herein or Chapter 1 FWCC, Articles II and III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation. of this article. (e) Reserved. (f) Inspection. The administrator is empowered to enter or inspect any building, structure or premises in the city, upon which, or in connection with which a sign is located, for the pwpose of inspection of the sign, its structural and electrical connections, and to insure compliance with the provisions of this Code. Such inspections shall be carried out during business hours, unless an emergency exists. (g) Abatement by the city. (1) Authority to remove sign. As part of any abatement action under Chapter 1 FWCC, Article ill, the city or its agents may enter upon the subject property and cause any sign which violates the provisions of the sign code to be removed at the expense of the owner, tenant, lessee or occupant, either jointly or severally. In addition to the abatement authority provided by proceedings under Chapter 1 FWCC, Article III, the city or its agents may summarily remove any sign placed on a right-of-way or public property in violation of the terms of this article. Recovery of costs for removal of any signs as provided herein shall be as provided in Chapter 1 FWCC, Article III. (Drd. No. 95-235, ~ 4, 6-6-95; Drd. No. 99-342, ~ 5, 5-4-99; Ord. No. 05-486, ~ 3,4-19-05) , 22-1605 Reserved - Comprehensive design plan. (Ord. No. 95-235, ~ 4, 6-6-95) 22-1606 - 22-1629 Reserved. 1:\2006 Code Amendments\Real Estate Signs\City Council\Code Language.doc Page 23 of 23 ~ CITY OF"" _"'1' Federal Way PLANNING COMMISSION RECOMMENDATION March 9, 2006 To: Jack Dovey, Chair Land Useffnmsporlation Committee ~ VIA: Derek Matheson, Interim City Mana FROM: Kathy McClung, Director of Community Deve~ Services~ Margaret H. Clark, AICP, Senior Planner . SUBmcr: Amendments to Federal Way City Code (FWCC) Chapter 22, Article xvm, "Signs" MEETING DATE: March 20, 2006 I. POLICY QUESTION Should the City of Federal Way adopt the code amendments to the Federal Way City Code .(FWCC) Chapter 22, Article xvrn, "Signs," as shown in Exhibit A of Exhibit J? , II. BACKGROUND! PuRPOSE OF THE PROPOSED AMENDMENTS The City Council received a request by Real Estate Agent Marylyn Gates on behalf of the Board of Realtors to amend the sign code to reduce the 200 foot lineal separation requirement for off-site real estate directional signs to less than 200 feet when necessary in order to indicate.a turn or change in direction of travel (Exhibit A of Exhibit 2). At a December 6, 2005, public hearing, the . City Council detennined that this code amendment should go forward for further review. A . Determination ofNonsigoificance was issued for this proposed code amendment on January 18, 2006. After the December 6, 2005, public hearing, staff contacted Ms. Gates to infonn her that a draft code amendment was being drafted in response to her request. At that time, Ms. Gates had one additional request to increase the maximum allowable number of off-site real estate signs per property per agent from six to ten. This would allow adequate signage when access to the property for sale is from two major directions. III. DISCUSSION FWCC Section 22-1S99(w), "Real Estate Signs," limits offsite real estate signs to six per property ! per agent, provided that there is a 200-foot lineal foot separation between signs. As stated in the I I August 6, 2003, letter from M3ryIyn Gates (Exhibit A of Exhibit 2), open house signs are used to I direct potential buyers to homes that are for sale. Often, a potential buyer may need to travel in a ! different direction before having traveled 200 feet from the previous sign. With no sign at the turn i I to guide them, they may get lost, resulting in them not finding the house for sale. Allowing an i I I I increase in the maximum allowable number of off-site real estate signs per property per agent from six to ten would allow adequate signage when access to the property for sale is from two major directions. Other minor changes intended for clarification are also being proposed. IV. PLANNING COMMISSION RECOMMENDATION The Planning Commission conducted a public hearing on February 15,2006. The staff report to the Planning Commission is attached as Exhibit 2 and a summary of public ,testimony is contained in the meeting minutes (Exhibit 3). During the Planning Commission public hearing, Sam Pace, Housing Specialist with the Seattle-King County Association of Realtors, submitted an analysis regarding real estate signs (Exhibit 4) and a copy of his testimony to the Planning Commission (Exhibit 5). The Planning Commission recommended approval of the staff's recommendations with no changes (Exhibit A of Exhibit 1) and as shown in the following section. V. SUMMARY OF PROPOSED AMENDMENTS AS RECOMMENDED BY PLANNING COMMISSION Proposed new language is shown as underline and language proposed to be deleted is shown as strik-eeut (Exhibit A of Exhibit 1). 1. Grammatical Corrections Grammar has been corrected in various parts of the Article. See Pages 8 and 10, where commas have been added before the word "which." " 2. Corrections to Code Citations Citations have been corrected in Sections 22-1599(d)(2)(s) and (d)(2)(x) as follows: (s) Point of purchase displays. Point of purchase signs are limited to two square feet in area and one sign per point of purchase. Such signs shall only display instructional or price infonnation and shall not include copy pertaining to any special sale or promotion. Point of purchase display signs shall be permitted in conjunction with an outdoor use, activity, or storage as authorized under Article II xm, Division 8 of this chapter. (x) Temporary business signs for temporary business defined by FWCC ~ Chapter 9. Article VII. Division I; provided, however, that each licensed temporary business is only allowed two signs of 16 square feet per sign face. If only one sign is used, that sign may be 32 square feet per sign face. 3. Language to Address Separation and Increase Allowable Number Off-Site Real Estate Signs Amendments are being proposed to Section 22-1599(d)(2)(w) as follows: (w) Real estate signs. 1. Off-site. The number of off-site real estate signs shall be limited to ~ ten per property per agent; provided, however, that there shall be a minimum separation of200 lineal feet between such signs. except that signs may be placed less than 200 lineal feet apart when necessaIy to Planning Commission Recommendation to the Land UselTransportation Committee March 9, 2006 Amendments to Federal Way City Code (FWCC) Chapter 22, Article XVIII, "Signs" Page 2 ------ indicate a turn or chane:e in direction of travel. The area of such signs shall be no greater than six square feet per sign face. All off-site real estate signs must be removed each day at the conclusion of the open house or other sales event and are pennitted only between sunrise and sunset when the seller or the agent are in attendance at the subject property. VI. LAND USEffRANSPORT A TION COMMITI'EE OPTIONS/STAFF RECOMMENDATION The Committee has the following options: 1. Recommend that the full Council adopt an ordinance approving the proposed code amendments as recommended by the Planning Commission (Exhibit A of Exhibit 1). 2. Recommend that the full Council modify and then approve the proposed code amendments. 3. Recommend that the full Council disapprove the proposed code amendments. Staff recommends that the LUTC recommend to the full Council Option No. 1 above, that is, adoption of the Planning Commission's recommendations. VIII. LAND USEffRANSPORTA TION COMMITTEE RECOMMENDATION The LUTC forwards the proposed amendment to the full Council for first reading as follows: -L As recommended by Planning Commission. , As recommended by Planning Commission and amended by the LUTC. LIST OF ExmOITS Exhibit I Draft Ordinance with Exhibit A - Proposed Code Amendments as Recommended by the Planning Commission Exhibit 2 Staff Report for the February 15, 2006. Planning Commission Meeting with Exhibits A and B Exhibit 3 Minutes of February 15.2006. Planning Commission Meeting Exhibit 4 Analysis of Municipal Ability to Maintain Real Estate-Specific Sign Regulations in Light of Ballen v. Redmond Exhibit 5 Copy of Sam Pace's Testimony (:\2006 Code Amendments\Real Estare Signs\LUTC\PC Rec Staff Report to urrc.docIJ/lOI2006 11:04 AM Planning Commission Recommendation to the Land UseJTransportation Committee March 9, 2006 Amendments to Federal Way City Code (FWCC) Chapter 22, Article XVIII, "Signs" Page 3 --------------- ------- - --------------- ----- MEETING DATE: April 18, 2006 ITEM# 5-c ...-----.-.-..-....-- .__.~..____............._.,._.___..__._..____._...__.M ..-. _.M__..._...____.___.____ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2006 Justice Assistance Grant Application ..~--_........ -..-- ______M_..__.. CATEGORY: BUDGET IMP ACT: ~ CONSENT 0 ORDINANCE Amount Budgeted: $ 0 RESOLUTION o PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS 0 OTHER Contingency Req' d: $ ----~_..-..._. ..................-..--- --..--..- ... -..-.--..----..-.-. ATTACHMENTS: Parks, Recreation, Human Services, and Public Safety Council Committee Staff Report -----.........---. -..---..--....-..-----...-.. .._..__._.__.._..___._.__.__.._.__..M__.._......__.___.._.-.__ SUMMARYIBACKGROUND: The Federal Way Police Department is eligible and is applying for $29,114 from the , 2006 Byrne Justice Assistant (JAG) Allocations. JAG allows state and local governments to support a broad range of I activities to prevent and control crime and improve the justice system. I The City of Federal Way would like to enable and expand our police field officers capability to access public safety related data, pictures, voice and video "outside" of the vehicle by providing a vehicle docking station. The city currently provides broadband wireless technology on the police vehicle laptop; however, the laptop is "hard wired" into the vehicle, thus restricting the officer's ability to bring technology to our consumer. If awarded we will outfit 46 front line patrol fleet vehicles. Once installed officers can remove the laptop to take into a reporting parties home or business to complete statements and field reporting requirements without the need to return to the station for report preparation. Documents such as search warrants can be prepared on scene and executed in a timely and efficient manner. Officers can take laptops to neighborhood or community meetings, having instant access to data and provide feedback on a real-time basis. Providing this flexibility allows officers to remain deployed in their Patrol Sectors for longer periods of time during their shift, as they are not restricted to their Patrol car for the purposes of report writing. Equipment needed for this program: 46 each 650153 Itronix GoBook II/III vehicle Cradle, Unit Cost $525 - Total $ 24,150 ITO-50-0134-003 Subtotal 24,150.00 Sales Tax 2,125.20 Administration 2,838.80 Total 29,114.00 -'--"---"-"""-'--'-'-.-..--- ----...--------- --- ------ CITY COUNCIL COMMITTEE RECOMMENDATION: Authorize the Public Safety Department to accept the 2006 Justice Assistance Grant Application for $29,114.00 to finance improved technology (laptop computer docking stations) for the police department. -------..-..----------. M_'--..o__ ----..-------------- PROPOSED MOTION: "I move approval of the Justice Assistance Grant application for $29,114,00. M_...._ Z)tJ~ttif. '___"'__'__'M"_.___ CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) 'COUNCIL ACTION: \' . D APPROVED COUNCIL BILL # D DENIED 1 ST reading D TABLED/DEFERRED/NO ACTION Enactment reading. " I': ~ i '. ! . '. ,: D MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/1 012001 ~4A City of Federal Way CITY COUNCIL PARKS, RECREA nON, AND PUBLIC SAFETY To: Parks, Recreation, & Public Safety ~oz From: Anne Kirkpatrick, Chief of Police .:t ~ v;I. t, Via: Derek Matheson, Interim City Manager IJll r Date: April! 0, 2006 Subject: 2006 Justice Assistance Grant Application Back2round: ~. Li~:t}~..~. "_: ~~:. The Federal Way Police Department is eligible and is applying for $29,114 from the 2006 Byrne Justice Assistant (JAG) Allocations. JAG allows state and local governments to support a broad range of activities to prevent and control crime and improve the justice system. The funding distribution is based on population and crime statistics as well as law enforcement expenditure data. The Federal Way Police Department has selected Planning, Evaluation, and Technology improvement programs as outlined in the JAG. Below you will fmd a detailed description on how the Federal Way Police would like to apply this funding. Type of Program: Planning, evaluating, improving, and expanding law enforcement through technology Program Nar.rative The City of Federal Way would like to enable and expand our police field officers capability to access public safety related data, pictures, voice and video "outside" of the vehicle by providing a vehicle docking station. The city currently provides broadband wireless technology on the police vehicle laptop; however, the laptop is "hard wired" into the vehicle, thus restricting the officer's ability to bring technology to our consumer. If awarded we will outfit 46 front line patrol fleet vehicles. Once installed officers can remove the laptop to take into a reporting parties home or business to complete statements and field reporting requirements without the need to return to the station for report preparation. Documents such as search warrants can be prepared on scene and executed in a timely and efficient manner. Officers can take laptops to neighborhood or community meetings, having instant access to data and provide feedback on a real-time basis. f\,\ Providing this flexibility allows officers to remain deployed in their Patrol Sectors for longer periods of time during their shift, as they are not restricted to their Patrol car for the purposes of report writing. It further affords the officers an ergonomically friendly way of using their laptop. The docking station allows the officer to remove the laptop from its cradle and it easily hangs from the steering wheel for reporting writing purposes while parked in highly visible area within the Patrol Sector. Budget Narrative Equipment needed for this program: 46 each 650153 Itronix GoBook II/III vehicle Cradle, Unit Cost $525 - Total $ 24,150 ITO-50-0 134-003 Subtotal 24,150.00 Sales Tax 2,125.20 ".,1> . "'... ~ .. . -. .-. Administration 2.838.80 . ....:.\., . ".: .~ .:j~.JJ~:f Total 29;1114~OO. ...., ~ ~i1 . . ';' t '\ . . " JA~ Administrative Support Narrative. '.. . , , .' :. ':.:. .. ',.~: The' administrative support work (2.8K), includes but is not limited to .aU stafftiine " ,. , ... ,.:... required for equipment evaluation and selection, purchasing, receiving, set up and configuration and testing, set up of equipment in police cars, staff training and support, and any contract management and coordination. Attachments: 2006 Justice Assistance Grant Application COMMITTEE ACTION: Motion to approve and accept the 2006 Justice Assistance Grant Application for $29,114.00 to finance improved technology (laptop computer docking stations) for the police department, and to full Council for consideration at its April 18, 2006 meeting. APPROVAL BY COMMITTEE: ~~i- ,. mmittee Mem er Committee 'Member .' ." F\-z- ~-- JranlS IVlanagt:IIlt:lll nallUlJUUl\.. rage 1 01 1 .' 8) I<'~I Grant Management System Home ;.~ Applications All programs you are currently participating in are listed below. To reduce the size o' program listing, choose from the following criteria and press the Refresh button. Awards Year Solicitation Funding jAil ~IAII 3_ Opportunities Reports Office of Justice Programs has many other funding opportunities that you may be eli To review these opportunities or to start a new application click on F\m.qin9._QrmortUl Profile FY 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Change Password Year Application Status Correspondence No. . Log Off 2006-F1934- . Application submitted and last updated No Messages 2006 ~ WA-DJ on 27-Feb-2006 Comp.~'-$~ messaQe tl~lP-LFreguenJ.!y Asked Ouestions Edward Byrne Justice Assistance Grant Program Year Application Status Correspondence No. 2005-F4109- . Application submitted and last updated No Messages 2005 WA-DJ on 08/13/2005 CQI!IRO$e me.~sage OMB Form 1123-0243, expo 07/31/2007 A~3 https://grants.ojp.usdoj.gov/gmsextemal/status.do 2/27/2006 --~ --.-..- r 1 Gd}.1pUv411UU vUUUIllUU 1 GAL rdge 1 U1 1 . Grant Management System Home I) ...:JfOiF....z ......-"'"(;/. The FY 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) Program is a formula program wit eligibility and allocations based on a mixture of population and crime data. Only those jurisdictions foun_ on the eligibility list located at: http://www.ojp.usdoj.gov/BJNgrant/jag.html are eligible to apply for this program. If your jurisdiction is not listed on the list then you are not eligible for a direct award under the JAG program. The due date for State applications is January 26, 2006 and the due date for local applications is March 2, 2006. '}~~)~'P~!' I " qOI'lHOue I . f\,~ https:l/grants.ojp.usdoj.gov /gmsexternal/new Application.do ?solicitationID= 125 5&programOfficel... 2/9/2006 UC!-'al Ull~lll VI. J U;:>l1\JC r~~t: 1 01 .t. . Grant Management System CD Apolications Profile Information Awards Organization Information * DUNS Number: 61-250-9901 Funding * Employer ID Number (EIN): 91-1462550 Opportunities * Legal Name: City of Federal Way Reports * Organizational Unit: Department of Public Safety Profile * Address Line 1: 33325 8th Ave S Address Line 2: PO Box 9718 Chanqe Password . * City: Federal Way Loq Off County: King * State: Washington DUNS Number Help * Zip Code: 98063 - 9718 * Type of Applicant: Municipal Type of Applicant (other): * User Name: gregoryw Authorized Representative: * User Prefix: Mr. Prefix (other): User Suffix: Suffix (other): * User First Name: Derek User Middle Initial: * User Last Name: Matheson * Title: Other Title (other): City Manager ; * Phone Number: 253-835-2401 Ext: Fax Number: 253-835-2409 * User E-mail Address: david.moseley@dtyoffederalway.com Alternate Contact: * User Prefix: Mrs. Prefix (other): User Suffix: Suffix (other): * User First Name: Jeanne Middle Initial: https://grants.ojp.usdoj.gov/gmsexternallupdateProfile.do A-5 2/9/2006 .1..J""PCUl.U..l'-'.l.l1. VA. J~L.1""',", C C11;;c ~ Vi ~ * User last Name: Schroeder * Title: Other -. Title (other): Admin Assistant * Phone Number: 253-835-6703 Ext: Fax Number: 253-835-6739 * User E-mail Address: jeanne.schroeder@cityoffederalway.com 5j'!~~~~iti,f,~t~fll~,i , I . A-(p https://grants.ojp.usdoj.gov/gmsexternal/updateProfile.do 2/9/2006 ------- r 1 '<:'VVU I::.UWi:11U nyrnc IVICUIVlli:11 JU~l1\,;t; L'\.~;:'l;:'LQU"'''' '-JIQUL \.JL'\.U) C IVC;lQIH ri:1gc 1 VI .<:. ..~. FY.2006 Edward Byrne Memorial Justice Assistance Grant e.. . ',,;1'/ (JAG) Program 2006-F1934-WA-DJ . .~ ....~.._- 8Qplication Correspondence I Switch to ... :ihI Application Handbook Applicant Information Overview Verify that the following information filled is correct and fill out any missing information. To save changes, click on the "Save and Continue" button. Apolicant Information *Is the applicant delinquent on any federal r (i debt Yes No Proiect Information rn.;- I *Employer Identification Number (EIN) 191 - 1462559 . Budget and *Type of Applicant IMunicipal ~. prog ra m Attachments Type of Applicant (Other): I Assurances and *Organizatlonal Unit IDepartment of Public S Certifications I *Legal Name (Legal Jurisdiction Name) City of Federal Way Review SF 424 *Vendor Address 1 133325 8th Ave S Submit Application Vendor Address 2 IpO Box 9718 *Vendor City IFed~ral Way Help/Freguently . I . Asked Questions Vendor County/Pansh King *Vendor State I Washington ltJ GMS Home - . *Vendor ZIP 198063 19718 Need helo for ZIP+4? LOQ Off Please provide contact information for matters involving this application *Contact Prefix: I Mrs. .zJ Contact Prefix (other): I *Contact First Name: IJeanne Contact Middle Initial: I *Contact Last Name: ISchroeder_. Contact Suffix: I Select a Suffix .2:1 Contact Suffix (Other) : I *Contact Title: IAdmin Assistant *Contact Address Line 1: 133325 8th Ave S Contact Address Line 2: Ipo Box 9718 . *Contact City IFederal Way https://grants.ojp. usdoj .gov/gmsexternal/applicantInformation.do A 2/9/2006 -l r ~ L.VVV LUWalU OY1111;; IVII;;UIVUal JU;:>L1'-''-' CL;:>;:>l;:>laU,-,,-, 'U1CUll \.JCL'U) 11V5"111l .I: a~1;; L. VI L. Contact County: jKing *Contact State: I Washington i.f .. . *Contact Zip Code: [98063 - 19718 Need help for ZIP+4? *Contact Phone Number: f253 [83516703 Ext: I Contact Fax Number: f253 183516739 *Contact E-mail Address: beanne.SChroeder@cityoffederah/ '.'~av~"~,md,?,9I1til'lu~:j'l'::: ('I . .. - ~ F\-~' https://grants.ojp.usdoj .gov/gmsextemal/ applicantInformation.do 2/9/2006 ... ... ~vv_ A-J_1',,-...~ .l...JJ.l.I.&.""'. .1.'1'.&._........_............. ~_"'Il..I.__" a...,V....,Il._A..__ ""'.&~...... \~.& "~J .... .......,0.&"-4.......& ... LaO...... A VA A . I) ::ill.;. I,,, FY.2006 Edward Byrne Memorial Justice Assistance Grant .,>IX (JAG) Program 2006-F1934-WA-DJ ~-~ ~ Application Correspondence I Switch to '" ..::J Application Handbook Budget and Program Attachments Overview This form allows you to upload the Budget Detail Worksheet, Program Narrative and other Program attachments. Click the Attach button to continue. Applicant Information Proqram Narrative 06 JAG.doc Delete I Pro;ect Information Budqet Narrative 06_JAG..do~ Delete I BudQet and JAG 06 Administrative SUQDortl-l~rat!ye.dg Delete I ProQram MEDREL JAG 06.doc ,;.Delete I Attachments Click on the Attach Button to upload an attachment Attach I Assurances and Certifications ';: O(jv.~lrype'l Review SF 424 Your files have been successfully attached, but the application has not been Submit Application submitted to OJP. Please continue with your application. J1RS for successful ypload GMS Home Loq Off https://grants.ojp.usdoj.gov/gmsexternallbudget.do ~-4 2/14/2006 _.._-_._~ I ----------- Public Notice Police Justice Assistance Grant Request Type of Program: Planning, evaluating, improving, and expanding law enforcement through technology Program Narrative The City of Federal Way would like to enable and expand our police field officers capability to access public safety related data, pictures, voice and video "outside" of the vehicle by providing a vehicle docking station. The city currently provides broadband wireless technology on the police vehidle laptop; however, the laptop is "hard wired" into the vehicle, thus restricting the officer's ability to bring technology to our consumer. If awarded we will outfit 46 front line patrol fleet vehicles. Once installed officers can remove the laptop to take into a reporting parties home or business to complete statements and field reporting requirements without the need to return to the station for report preparation. Documents such as search warrants can be prepared on scene and executed in a timely and efficient manner. Officers can take laptops to neighborhood or community meetings, having instant access to data and provide feedback on a real-time basis. Providing this flexibility allows officers to remain deployed in their Patrol Sectors for longer periods of time during their shift, as they are not restricted to their Patrol car for the purposes of report writing. It further affords the officers an ergonomically friendly way of using their laptop. ' The docking station allows the officer to remove the laptop from its cradle and it easily hangs from the steering wheel for reporting writing purposes while parked in highly visible area within the Patrol Sector. Budget Narrative Equipment needed for this program: 46 each 650153 Itronix GoBook II/III vehicle Cradle, Unit Cost $525 Total $ 24,150 ITO- 50-0134-003 Subtotal 24,150.00 Sales Tax 2,125.20 Administration 2,838.80 Total 29,114.00 JAG Administrative Support Narrative. The administrative support work (2.8K), includes but is not limited to all staff time required for equipment evaluation and selection, purchasing, receiving, set up and configuration and testing, set up of equipment in police cars, staff training and support, and any contract management and coordination. f\-ID ----- ---------..- ~ FEDERAL WAY POLICE DEPARTMENT CITY OF ~ Media Release Federal Way Type of Incident: 2006 Edward Byrne Memorial Justice Assistance Grant Date of Incident: February 13,2006 Public Notice 2006 Edward Byrne Memorial Justice Assistance Grant Request . ,", The Federal Way Police Department is eligible and is applying for $29,114 from the 2006 BymeJustice Assistant (JAG) Allocations. JAG allows state and local govenunents to support a broad range of activities to prevent and control crime and improve the justice system. The funding distribution is based on population and crime statistics as well as law enforcement expenditure data. The Federal Way Police Department has selected Planning, Evaluation, and Technology improvement programs as outlined in the JAG. Below you will fmd a detailed description on how the Federal Way Police would like to apply this funding. Type of Program: Planning, evaluating, improving, and expanding law enforcement through technology Program Narrative The City of Federal Way would like to enable and expand our police field officers capability to access public safety related data, pictures, voice and video "outside" of the vehicle by providing a vehicle docking station. The city currently provides broadband wireless technology on the police vehicle laptop; however, the laptop is "hard wired" into the vehicle, thus restricting the officer's ability to bring technology to our consumer. Ifawarded we will outfit 46 front line patrol fleet vehicles. Once installed officers can remove the laptop to take into a reporting parties home or business to complete statements and field reporting requirements without the need to return to the station for report preparation. Documents such as search warrants can be prepared on scene and executed in a timely and efficient manner. Officers can take laptops to neighborhood or community meetings, having instant access to data and provide feedback on a real-time basis. Providing this flexibility allows officers to remain deployed in their Patrol Sectors for longer periods of time during their shift, as they are not restricted to their Patrol car for the purposes of report writing. It further affords the officers an ergonomically friendly way of using their laptop. The docking station allows the officer to remove the laptop from its cradle and it easily hangs from the steering wheel for reporting writing purposes while parked in highly visible area within the Patrol Sector. Budget Narrative Equipment needed for this program: 46 each 650153 Itronix GoBook IIIIlI vehicle Cradle, Unit Cost $525 - Total $ 24,150 ITO-50-0 134-003 Subtotal 24,150.00 Sales Tax 2,125.20 Administration 2.838.80 Total 29,114.00 JAG Administrative Support Narrative. A-If " The administrative support work (2.8K), includes but is not limited to all staff time required for equipment evaluation and selection, purchasing, receiving, set up and configuration and testing, set up of equipment in police cars, staff training and support, and any contract management and coordination. Part of the grant application process involves providing the public an opportunity to comment. Comments should be directed to Commander Greg Wilson of the Federal Way Police Department by February 24, 2006 via ~e following contact infonnation: Email: greg. Wilson@citvoffederalway.com. Telephone: 253.835.6714 Approved by: Gree Wilson Date & Time: February 13. 2006 Released by: Gree Wilson Date & Time: _February 13, 2006 . ~-- )'2- .1' 1. ,vvv .l......IUVYQJ.U U}111\'; lYJ.\";.UIVJ.IU,l ..IU.::)Ll......'" L""l..::)~1~..'"1"'''' '-"&c..u.1.L \J.l ~'-'J .1 J.v6J.U..1.u J. al$\;O 1 Vl ~ . FY,2006 Edward Byrne Memorial Justice Assistance Grant ,. . ....... . . ;;;:. (JAG) Program 2006-F1934-WA-DJ ,"" Application Correspondence I Switch to ... ..'!J Application Handbook Assurances and Certifications Overview To the best of my knowledge and belief, all data in this application{preapplication is true and correct, the document has been duly authorized by the governing body Applicant of the applicant and the applicant will comply with the attached assurances if the Information assistance is awarded. Proiect Information Your typed name, in lieu of your signature represents your legal binding acceptance of the terms of this application and your statement.of the veracity of Budget and the representations made in this application. The document has been duly Proqram authorized by the governing body of the applicant and the applicant will comply Attachments with the following: Assurances and 1. AssuIan~es Certifications 2. Certifjcations Regarding Lobbying: Debarment, Susp-ension and Other ResQonsibilitY- Matters: and Drug-Free Workplace requirements. Review SF 424 If you are an applicant for any Violence Against Women grants, this includes the Submit Application Certification of Compliance with the Statutory Eligibility Requirements of the Violence Against Women Act. Help/Freguently * Prefix: IMr. ~ Asked Questions ...... . Prefix (Other): I GMS Home IDerrick *First Name: . .--.---. ...-... ..._.~... LOQ Off Middle Initial: r *last Name: IMatheson Suffix 1 Suffj~:~ Suffix (Other): I *Title: ICity M.~!1aQ~r_ .. * Address line 1: 133325 8th Ave S Address Line 2: Ipo Box ~718 .. *City: IFederal '!Y~y .-. _. County: IKing ..-. *State: I Washington. ..::I' .' *Zip Code: 198063 -J9718 *Phone: 1253 -[835 -12401 Ext: I https://grants.ojp. usdoj .gov/gmsextemallapplicationAssurance.do 2/9/2006 F\ - )3 r I ~vvu .c.UWi:1lU Dynlt: lVlt:l1JUJI<ll Ju:su\,;t: n.O:>O:>IO:>laU\.ot: '_HaUL \,In.'-l} I JV!:;lalU rl:lgt: ~ 01 ~ Fax: J253 -J835 -/2409 *E-mail: Iderek.matheson@cityo P'< I have examined the information provided here regarding the signing authority and certify it is accurate. I am the signing authority, or have been delegated or designated formally as the signing authority by the appropriate authority of official, to provide the information requested throughout this application system on behalf of this jurisdiction. Information regarding the signing authority, or the delegation of such authority, has been placed in a file and is available on-site for immediate review. .. .jS:ave:andGpQ.t.i~!Je I . f\-I~ https://grants.ojp. usdoj .gov/gmsexternal!applic~tionAssurance.do 2/9/2006 ---- .1 .I. ..,VVV .L.A.lYYtUU .LJJJ.ll~ J.Vl"'111UlJQJ JU~l.l,","" .J. L~~......:n.u..ln.,,, '-JI.lu.a.lL \,.,01: L'\oJ) .1. .&.v5.lu..Lu. ~ a!:;~ J V~ k . I) .. FY.2006 Edward Byrne Memorial Justice Assistance Grant (JAG) Program 2006-F1934-WA-DJ Application Correspondence ISwitch to .., E:J ,'Y." Review SF-424 Print a Copy Application Handbook APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE Overview 1. TYPE OF SUBMISSION 3. DATE RECEIVED BY State Application Identifier STATE Applicant Application Non-Construction Information 4. DATE RECEIVED BY Federal Identifier FEDERAL AGENCY Proiect Information . Budget and 5.APPLICANT INFORMATION . ... Program Legal Name Organizational Unit Attachments l City of Federal Way Department of Public Safety Assurances and Address Name and telephone number of Certifications the person to be contacted on 33325 8th Ave S matters involving this PO Box 9718 application Review SF 424 Federal Way, Washington 98063-9718 Schroeder, Jeanne Submit Application (253) 835-6703 6. EMPLOYER IDENTIFICATION NUMBER (EIN) 7. TYPE OF APPLICANT HelD/Freguently 91-1462550 Municipal Asked Questions 8. TYPE OF APPLICATION 9. NAME OF FEDERAL AGENCY GMS Home New Bureau of Justice Assistance 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE 11. DESCRIPTIVE TITLE OF Log Off APPLICANT'S PROJECT NUMBER: 16.738 CFDA EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE MDC Project TITLE: GRANT PROGRAM 12. AREAS AFFECTED BY PROJECT City of Federal Way 13. PROPOSED PROJECT 14. CONGRESSIONAL Start Date: October 01, 2005 DISTRICTS OF End Date: September 30,2009 a. Applicant b. Project WA03 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT Federal $29,114 TO REVIEW BY STATE EXECUTIVE ORDER 12372 Applicant $0 PROCESS? State $0 Program is not covered by E.O. 12372 Local $0 Other $0 https:/ /grants.ojp.usdoj .gov/gmsexternal/applicationReview .do ~-'5 2/9/2006 .& ... ____ ~""''I''I'"",,~ L.,IJ..I.I...... ~'I'.&""A....._...&_.. .,_OJ.....__ oil. ...OJ~&tJ..........&..."'..... '-'.1."-1.1.1. \J.ll.'-'} ... ..'-'6&............ ... "'5'"' ~ V.1. ~ Program Income $0 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL TOTAL $29,114 DEBT? N 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZE I BY GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS REQUIRED. ,Contill,ueJ . ...........:. .....- .' . . d' .. . ...... ~ .... ~-J~ https://grants.ojp.usdoj .gov /gmsexternal/applicationReview .do 2/9/2006 ... .. -............... --.. -- - -J .........- ........-..................-.. - -.............- ... ......................-..........- -..-...... ,_... - - / - - -0- ----- - -0- . -- - . ", " FY.2006 Edward Byrne Memorial Justice Assistance Grant . . o. 0.. 't,~ " llf,r;. (JAG) Program 2006-F1934-WA-DJ ~-~ '.o~~ . Application Correspondence I Switch to ... -=J Application Handbook Submit Application Overview Status Requirement Mplicant Complete Overview Information Complete Applicant Information Proiect Information Complete Project Information BUdget and Complete Budget and Program Attachments Program Certified to the Assurances and Certifications Attachments Complete Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters; and Drug- ~s~\.!fances and Free Workplace Certifications Incomplete ~ '. . ,Submit Application ,', . .:.1 Review SF 424 Submit AD-plication tl~LFreguently Asked Questions GMS Home Log Off https:/Igrants.ojp.usdoj.gov/gmsextemaVsubmitApplication.do A -Il 2/27/2006 -------- _.~~~G.Q~~.~,..~rt!J.~".,~..~Q.~......_......................,...,...,....,..............,..,',......,..............,!~.M~ 5-d ......----.......................-.-... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Community Development & Public Works Special Project ....~~.!~.!.!g......_....................................._................_................................................................,.......................................................-.....-....-..............-...........................................................-............--... CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION Amount Budgeted: $ - ORDINANCE STAFF REPORT Expenditure Amt: $ - - BUSINESS PROCLAMATION Contingency Reqd: $ - - HEARING STUDY SESSION - - FYI OTHER - - .................-...-..........--.......-.........--........-.................-..............................-...................................................-............................._................~....._...........................................-......--.......-...........................-...--....- ATTACHMENTS: 1) LUTC Staff Report (Follow-up on Selection Process) dated March 27, 2006 2) LUTC Staff Report dated March 20, 2006 Temporary Senior Planner for 2006 Work Program ....-..................................................................................................................................................................................................................-......-.........................................................................................-.--.......--...-.... SUMMARYIBACKGROUND: Staff was directed to report to LUTC the cost of studying two areas of the city for potential rezones. The areas are the RS 15.0 designated parcels located south of SW 356th Street and west of 1st Avenue South and the Business Park designated parcels between S 348th and S 356th Streets on either side of Pacific Highway South. The staff recommendation was a total of $330- 355,000 for Public Works consultant work and staff to manage contracts and $85,000 for a temporary Senior Pianner. ............-...........-.........................-..........-...............-..............................................................................................................-..........................................-.............................................-...............---........-.............- CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC recommended proceeding with 1) residential 9.6 analysis in the area described above 2) BP to BC analysis 3) drainage study and 4) grid road analysis and update the Transportation Demand Model with the following costs: $85,000 for a temporary senior planner to be paid out of 2005 carry over funds in the CD budget; approximately $130-150,000 for drainage studies to be paid out of the Storm Water Utility Funds and $150,000 to update the Transportation Demand Model, study grid streets in the area and hire a staff person to manage the contracts. The $150,000 will be paid out of unexpended funds from the 2005 General Fund budget. .................-..................................--.......-...........-....................-..............................-..............................................................-.........-...................................-.......................-...............--.........--.-.........-......... CITY MANAGER RECOMMENDATION: Motioo to approve ~ -~;;~~D FO;.~~~~~;~~~..~;.~~~~~..;~~~:;-:.._..._. .......-.. ....., ....-.-. ...-............ ..-.....,..-...-....--................-- (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: - APPROVED COUNCIL BILL # - DENIED ORDINANCE # - TABLED/DEFERREDINO ACTION RESOLUTION # I:\OlCOMPPLAN\CC AGENDA COVER SHEET ON SELECTION PROCESS.docl04/1112006 9:52 AM -----_._-~...-- CITY OF FEDERAL WAY MEMORANDUM DATE: March 20th, 2006 TO: Land Use and Transportation Conuni~ VIA: Derek Matheson, Interim City Manag f:J FROM:- Kathy McClung, Community Development Services Directo f" ~ SUBJECT: Temporary Senior Planner for 2006 Work Program POLICY QUESTION: Should the Council authorize, staff to hire a temporary senior planner and decide the work program priorities at the next meeting since hiring this position will take some time? BACKGROUND: Members ofLUTC have expressed an interest in completing studies associated with this year's Comprehensive Plan requests, the Planning Commission's work program and for possible annexations. The department has $109,000 in cany forward funds to support hiring a temporary senior planner to work on some additional projects. About $85,000 will pay for salary, supplies and equipment for atemporary senior planner for one year. Although this action would not normally go to a Council Committee, I thought it prudent to get direction about which priorities are most important to the Council as part of a new temporary position's work plan. An attempt has been made to estimate the magnitude of staff time involved in each specific projects identified below in terms of a percentage of a full time employee ("FTE"). The total estimated hours to complete all of the following projects equals in excess of one and one-half FfE's (8% FTE is equivalent to 30 days of work effort). Therefore careful selection and/or prioritization of projects will be needed when establishing the work program of this position. Comprehensive Plan Requests. The following items were raised in the last UITC meeting as possible studies to complete for this year's Comprehensive Plan requests. Because ofthe need for these studies, the associated Comprehensive Plan requests would likely be put on hold until the studies could be completed. 1. The low.,density residential area in the south part of the City, west of Pacific Highway. The city continues to get individual requests to increase density in this area since sewers are more accessible. A study needs to evaluate what impact a higher density will have on the traffic model and whether storm drainage is adequate to serve the area. (32% FfE) 2. The BC, OP and BP zones need to be evaluated to see if the BP zone is serving the needs of the community or if these zones need to be modified. (8% FfE) Planning Commission Work Program. The following are items that were raised by Council at the time the Planning Commission work program was being reviewed. These were items that the Council indicated were a high priority but may be difficult to complete with existing staff and projects that the City is already committed to. The City is already committed to completing the update of the Comprehensive Plan and individual requests, the Shoreline work for this year and the cottage housing code amendments. Other projects a new position could work on are: 1. Retention of vegetation. (16% FfE) ~----- ------------- March 20, 2006 Land Use and Tr~nsportation Conunittee Temp. Sr. Planner for 2006 Work Program Page 2 2. Increased building heights for certain BN and BC zoned areas. (16% FfE) 3. Code amendments that are a result of the Planned Action SEPA for the downtown area. (32% FfE) Annexations. Finally, at the Council Retreat, annexations were discussed and it was agreed that if the proposed annexation legislation passed that granted cities some financial relief for annexing their P AA areas, staff would come back to council to revisit this issue. It is ~y understanding that this bill is on the Governor's desk and could be signed into law. (50% FfE) SUMMARY: Realistically by hiring a temporary senior planner, about three'to four of the above projects could be completed within the year depending on their complexity. Hiring a temporary senior planner to coordinate the projects, do a majority of the research, complete the environmental checklist and the staff reports will be a good start to completing these projects. What isn't accounted for is the time and cost in other departments, especially Public Works. Traffic and storm water analysis. will need to occur for any area-wide studies and is not accounted for in the $85,000 temporary senior planner salary. However if the Council selects projects that require unbudgeted work by the Public Works department, the remaining portion of the $109,000 in carry forward money could be used to defer staffing or modeling not addressed in the Public Works work program. OPTIONS: The LUTC can take the following actions: L Direct the staff to hire a temporary senior planner and decide the priorities at the next LUTC meeting since hiring this position will take some time anyway. 2. Give direction at tonight's meeting. 3. Delay until there is more direction on the annexation issue. 4. Hold these work items until next year. STAFF RECOMMENDATION: Staff recommends forwarding Option I to the April4lh, 2006 City Council Consent Agenda for approval: ,Authorize staff to hire a temporary senior planner and decide the priorities at their next meeting since hiring this position will take some time anyway. 5~e tlo+.> 18~ COMMITIEE RECOMMENDATION: Forward the above staff recommendation to the Ap~ 2006 City Council Consent Agenda. cc: Project File Day File ------------ ------ .~ CITY OF" _"? Federal Way DATE: March 27, 2006 TO: Jack Dovey, Chair Land UselTransportation C~mmittee (LUTC) _ VIA: Donna Hansoo, Acting Interim City Manager ~ FROM: Kathy McClung, Director of Community Development Services ~ Margaret H. Clark, AICP, Senior Planner f'CW'<<- SUBJECf: Follow-up on Selection Process - Amendments to the Compre~ensive Plan Site-Specific Requests No's. 3, 9, and 10 (Continued from March 20, 2006) MEETING DATE: April 3, 2006 I. POLICY QUESTION There are two policy questions to be decided upon by the LUTC as a result of additional staff research and discussion by tI,.e LUTC. 1. Should a comprehensive plan amendment and rezoning of all RS 15.0 designated parcels located south of SW 356th Street and west of 1 sl A venue South be considered for higher density (Exhibit A)? 2. Should a comprehensive plan amendment and rezoning of all Business Park (BP) designated parcels between South 348th'and South 356th Streets on either side of Pacific Highway South be considered for a Community Business (BC) designation (Exhibit B)? Staff presented the information contained within this staff report to the LUTC on March 20, 2006. The LUTC had some discussion, however, they wanted to continue discussion during their regular meeting on April 3, 2006. 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 (FWCC) Section 22-523, after the September 30th deadline for accepting applications, the City Council shall hold a public hearing and select those docketed amendment requests it wishes to move to the Planning Commission for further consideration. It is -the City's practice that all City business be presented to a Council committee, in this case the Land Use/Transportation Committee (LUTC), before Council deliberation. The LUTC discussed 12 site-specific requests (Exhibit C - Composite Map) at their March 6, 2006, public meeting and requested that staff conduct further research on the following three requests: 1. Site-Specific Request No.3 - Request from Daniel Lee to change the comprehensive plan designation and zoning of3.12 acres located between 6th Avenue SW and 8th Avenue SW, southeast of the easterly terminus of SW 360th 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). 2. Site-Specific Request No. 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 E - Site Map).. 3. Site-Specific Request No. 10- Request from Lifeway Church to change the comprehensive plan designation and zoning of 23.42 acres located south of SW 356th Street and west of 1 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, Exhibit F - Site Map). m. PROCEDURAL SUMMARY FOR COMPREHENSIVE PLAN AMENDMENT PROCESS March 6, 2006 LUTC Meeting - All of the site-specific requests were presented to the LUTC for a recommendation on which requests should be considered further. The LUTe took action on Site-Specific Requests No's 1,2,4-8, 11, and 12. They requested that staff research Requests No's 3, 9, and 10 further and bring them to the March 20, 2006, LUTC meeting for additional discussion by the LUTC. March 20, 2006 Continued discussion of Requests No. ' s 3, 9, and 10 by LUTC. April 3, 2006 Continued discussion of and action on Requests 'No.'s 3, 9, and 10 by LUTC. May 2, 2006 Public Hearing by City Council. The City Council shall detennine which requests should be considered further. IV. STAFF ANALYSIS 1. Site-Specific Requests No.3"': Lee and No. 10 - Lifeway Church Both the Lee and Lifeway Church properties are zoned RS 15.0 zone (one unit per 15,000 square feet) and are located south ofSW 356th Street and west of 1st Avenue South (Exhibit A). The Lee property is 3.14 acres and the Lifeway properties total 23.42 acres. Mr. Lee has requested an increase in density from RS 15.0 (one unit per 15,000 square feet) to RS 9.6 (one unit per 9,600 square feet) and the Lifeway Church has requested an increase in density from RS 15.0 zone (one unit per 15,000 square feet) to RS 7.2 (one unit per 7,200 square feet). Follow-up to Selection Process -Amendments to the Comprehensive Plan Page 2 As part of the analysis of these two requests, staff reviewed the area south of SW 356th Street shown on Exhibit A. There are large areas south of SW 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 P,art to the availability of sewer. This area oflower density zoning occurs on both the east and west sides of 1st Avenue South. However, there are major environmental and,ownership differences between the two areas. The area east of 1 st A venue 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. In the February 24, 2006, staff report to the LUTC, staff recommended that neither Site-8pecific 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 of the 2007 Comprehensive Plan Amendment Process. At the March 6, 2006 meeting, the LUTC requested that staff further research what' level of effort and associated costs would be involved in changing the comprehensive plan and zoning for this area as part of this year's Comprehensive Planning Process. A. Scope of Study In March 1999, the City adopted a formal process whereby we would accept site- specific requests for comprehensive plan amendments and associated rezones on an annual basis. Since that time, we have received numerous requests each year and have amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14,2000, November 1,2001, March 27, 2003, and July 20,2004. None of these requests have been large-scale in scope except for the Christian Faith Center (CFC) and the Kitts Comer Development, which were both submitted in April 1999. CFC involved one property owner and had a specific project associated with the comprehensive plan amendment and rezone. The Kitts Comer project had numerous property owners and a conceptual master plan for mixed-use commercial and residential development. Both sites were about 50 acres in size. In order to analyze the impacts of changing"the comprehensive plan designations and zoning of these sites, prior to processing these two reqUests, the City hired a consultant to conduct a Market Study in 2000 and utilized the results in updating the traffic model. The CFC project-specific comprehensive plan amendment was approved in July 2004 and the Kitts Comer conceptual plan comprehensive plan amendment was approved based upon a development agreement, which outlined conditions for a future project- specific master plan, in June 2005. An Environmental Impact Statement (BIS), which included a Traffic Impact Analysis, was prepared for CFC ap.d some level of traffic analysis will be required for the Kitts Comer master plan, depending on the scope of its development. The CFC EIS cost approximately $275,000, with the traffic portion being approximately $150,000. These larger projects require an analysis of the impacts of the change in zoning on land use, traffic, and drainage, at a minimum Depending on the type of change, a market Follow-up to Selection Process -Amendments to the Comprehensive Plan Page 3 study may also be warranted. Requiring a study is also consistent with the City Center Planned Action SEP A, which is currently undergoing environmental review, including a traffic impact analysis to determine the impacts of increased density in the Downtown Study Area. B. Water and Sewer Availability The area in question is within the Lakehaven Utility District. However, as shown on Exhibit G, some lots do not have immediate access for connection to the water and sewer lines due to the location of lines relative to the lots. In addition, even though an area is within the district boundary, it may not be easily served due to topography or other factors. C. Surface Water The potential study area is located Within five sub-basins for drainage purposes (Exhibit H). (i) Impact on the Be/lacarino Woods Retention Pond As part of the storm drainage analysis associated with the Silverwood and Rosewood Subdivisions (granted final plat approval in 2001), the City's Surface Water Management Division worked with the TetratechlKCM Consulting firm to analyze the Bellacarino Woods Closed Depression as a retention pond for that drainage sub-basin. The analysis was done based on then existing zoning. In order to analyze the impacts of an increase in density of the remaining RS 15.0 zoned area to RS 9.6 on Bellacarino Woods Retention Pond, we calculated the difference in development potential of all vacanti and redevelopable2 parcels at RS 9.6 versus RS 15.0, in terms of additional impervious acres and found that there could be approximately 25 additional lots and 1.34 additional impervious acres with RS 9.6 zoning. Therefore, buildout of the existing RS 15.0 zoned area at RS 9.6 zoning would result in approximately 1.34 additional impervious acres draining to Bellacarino Woods Retention Pond. Approximately 354 acres drain to this pond Although 1.34 acres is a small incremental increase in impervious area, City staff recommends re-running the model to confirm that additional development beyond what was previously modeled does not result in a detrimental water level increase in the pond during the 100-year event. Rerunning the model will cost approximately $5,000 and take three months, depending on how busy the consultant is. This includes the time to enter into a contract. (ii) Impact on the Remainder of the Area The remainder of the area is comprised of four drainage basins, which do not c,o- join anywhere downstream except perhaps at and in the Hylebos Creek (inside and then outside of the City limits). At least two of the drainage sub-basins flow into I Vacant land is defined as parcels where the improvement value is less than $1,000. 2 Re-developable residential land is land that could be subdivided two and one-halftimes. Follow-up to Selection Process -Amendments to the Comprehensive Plan Page 4 the City of Tacoma and Pierce County (Exhibit H). Using the same methodology for the remainder of the area, we calculated that based on buildout of the existing RS 15.0 zoned area at RS 9.6 zoning, there will be approximately 186 additional lots and 9.92 additional impervious acres resulting from the four drainage basins. Based on the infonnation at hand, Surface Water Management (SWM) staff looked at the 1989 Hylebos Drai~ge Plan and current drainage maps in an attempt to determine the type and amount of work needed to evaluate the impacts of changing the zoning from RS 15 to RS 9.6. This area has little available infonnation on the existing infrastructure. It appears that the drainage system consists of disjointed ditches and swales rwming along roads and behind back yards. There are wetlands and small pothole drainages interspersed throughout the area, which complicates any modeling efforts. Without knowing which lots can be developed under the greater density, a unifonn level of effort was applied across the study area. The costs for the effort will drop if the area needing intensive study can be further refined. A rough estimate of the cost to study the four drainage basins is between $125,00 and $150,000, depending on the level of effort needed. This includes the field investigation, computer modeling, and alternatives evaluation, but does not include staff time. If a detailed plan of drainage infrastructure is to be developed; the costs will rise considerably as the level of effort, including field surveying, would need to be done. It is estimated that in order to conduct this study, a consultant would need 12 months once a notice to proceed was issued to complete the field analysis, hydrologic and hydraulic modeling, alternatives development (Le., increased on- site detention, regional facilities evaluation, etc.), and report preparation. D. Traffic Staff calculated the number of additional lots based on buildout of vacant and redevelopable land at the existing RS 15.0 zoning and at the potential RS 9.6 zoning for the entire study area shown as shaded on Exhibit G. There would be 175 additional single-family residential dwelling units if the area were to be built out at RS 15.0, and 386 additional single-family residential dwelling units at RS 9.6, a difference of 2111015. The existing Travel Demand Model was last updated in 2000 and was based on a mix of RS 9.6 and RS 15.0 zoning in this general area. If the zoning were changed to RS 9.6, the 211 additional single-family units would result in the following additional trips: 2,019 Weekday Trips 198 Saturday Peak Trips 158 AM Peak Hour Trips 1853 Sunday Trips 213 PM Peak Hour Trips 181 Sunday Peak Trips 2131 Saturday Trips In order to evaluate the impact of the increased trips on affected intersections, the Travel Demand Model would have to be reca1ibrated, updated, and rerun. A very rough estimate oftl:1e cost and time involved to update the model is as follows: Follow-up to Selection Process -Amendments to the Comprehensive plan Page 5 Task Time Line Cost Consultant Selection 1 month PW Staff Time Execution of Consultant Contract I month PW and Legal Staff Time Recalibrate the Model 6 months $50,000 in Consulting Costs Anaylsis of Model Output I month $25,000 in Consulting Costs Finalize Report 2 months Total $75,000 in consulting costs in 11 months addition to staff time to prepare and mana2e the contract E. Staffing and Associated Costs Comprehensive plan amendments and rezones that are large in scope, similar to Christian Faith Center and Kitts Comer, take a longer time to process and require additional staff time to review the project and manage consultants, if necessary. Processing this comprehensive plan amendment and rezone this year will require both additional staff and money to hire consultants. (1) Community Development A comprehensive plan amendment and rezone of the SW 356111 area would require a certain amount of staff time in notifying, edu~ating, and meeting with the residents of the area, in addition to closely working with the Public Works Department on the special traffic and drainage studies. This may require'a temporary senior planner for one year.3 From Community Development's recent experience, finding well-qualified staff, especially senior staff, is extremely difficult. Additional discussion on the staffing effort and additional financial resources required to complete this project is addressed in another memorandum to be presented to you this evening. (2) Public Works (a) Traffic - The Travel Demand Model would have to be recalibrated, updated, and rerun. The Public Works Depamnent may not have the necessary in-house expertise to do this work or the time to manage a consul~nt, even if money was available to hire one. In addition, th~e are only two firms with modeling expertise in t~e area. so the timing of their work will depend on the amount and scope of their other contract work. (b) Surface Water Management (i) BeIlacariIio Woods Retention Pond - The model would have to be rerun for impacts to this pond at a cost of approximately $5,000. The timing for this work is far less. than the time required for either the Travel Model Update or the study of the remainder of the study area; however, a J As outlined in the a<::companying memorandum, tbe senior planner would also be responsible for other long range planning tasks, such as code amendments and possibly annexations. Follow-up to Selection Process -Amendments to the Comprebensive Plan Page 6 ~- contract would have to be executed with the consultant. (ii) Remainder of the Study Area - A rough estimate of the cost to study the four drainage basins is between $125,000 and $150,000, depending on the level of effort needed This does not include staff time to manage the project. If a detailed plan of drainage infrastructure is to be developed, the costs will rise considerably as the level of effort, including field surveying, would need to be done. F. Timing Assuming that we have the adequate staff and consultant resources to conduct the necessary studies this year, planning staff cannot issue an environmental determination on the impacts of this comprehensive plan and rezone until all of the environmental impacts, including traffic and surface water, have been analyzed. The Growth Management Act (RCW 6.70A.130) requires that all requests for comprehensive plan amendments and associated rezones be considered concurrently by the governing body in order to analyze tbe cumulative effect of the various requests, except for the initial adoption of a subarea plan, the adoption or amendment of a shoreline master program, or the amendment of the capital facilities element of the comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget. Based on this GMA requirement,' and discussion above of the time for the special studies (11-12 months), processing of the SW 356th area comprehensive plan amendment and rezone this year would result in the delay of all of the site-specific requests. However, even if the Lifeway Church request was considered on its own, there may still be a potential delay because some level of environmental analysis would be necessary. 2. Site-Specific Request #9 - Yen Linda Yen has applied for a change in comprehensive plan designation and zoning from Business Park (BP) to Community Business (BC) on behalf of her clients, ~even and Sixteen/Y en. In her application, she states that they have been unable to sell the property and they are losing money on this investment. She further states that buyers are more interested in BC zoned properties. As can be seen on Exhibit E, parcels both to the north and south of this site are zoned BP. Property to the west is zoned Suburban EstateslSE (Single Family, one unit per five acres). Properties across Pacific Highway to the east are zoned BC. The subject property presently has four rental units on it and the Lakehaven Utility District has a well site in the middle of the property. The property to the north is the Wright Company, adjacent to Pacific Highway with the South 3481h 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. As shown on Exhibit E, there is a Class I wetland on the western and southwestern portion of the site. Follow-up to Selection Process -Amendments to the Comprehensive Plan Page 7 , ----- In the February 24, 2006, staff report to the LUTC, staff recommended that this request not be considered further this year because there did not appear to be a need for additional BC zoned land In addition, tllis area is not envisioned for BC in the existing comprehensive plan. At the March 6, 2006 meeting, the LUTC requested that staff further, research all BP designated parcels between SO,uth 34Sth and South 356th Streets on either ,side of Pacific Highway South to be considered for a BC designation. - A. Impacts On BF-Zoned Land Exhibit B shows all BP zoned property in Federal Way with the Potential Yen Study Area shown in blue. Exhibit I shows ownership in the subject area and Exhibit J shows the status of14e existing BP-zoned land Table 1 summarizes the status ofthe existing BP zoned lan4 today and how it would be changed based on the Yen area change. TABLE 1 Total BP- Developed Pending Public Unavailable Available for Redevelopable Vacant Parcels Acres zoned Projects Ownership for Development minus Critical minus Critical available for Acres Development (includes Areas Areas development 43.82 critical areas) A B C D E=B+C+D F G B = F+G 252.73 91.75 10.46 39.04 141.25 111.49 19.62 48.05 67.67 fen Develop~d Pending Public Unavailable Available for Redevelopable Vacant Parcels Acres Study Projects Ownership for Development minus Critical minus Critical available for Area Development (includes Areas Areas development (potential 40.35 critical BP to BC) areas) A B C D E=B+C+D F, G B = F+G 124.18 12.11 0 27.48 39.59 84.59 15.68 28.56 44.24 New BP- Developed Pending Public Unavailable Available for Redevelopable Vacant Parcels Acres Zoned Projects Ownership for Development minus Critical minus Critical available for Acres Development (includes 3.47 Areas Areas development critical areas) 128.55 79.63 10.46 11.56 101.65 26.90 3.94 19.49 23.43 Based on the above table, if the existing BP-zoned parcels on either side of Pacific Highway South between South 34Sth and SW 356th Streets were granted a comprehensive plan amendment and rezone from BP to BC, there would be 128.55 acres ofBP zoned land left. Of that total, there would be approximately 27 acres ofland available for development, of which 3.47 acres are encumbered with critical areas, leaving approximately 23 acres available for development. B. Impacts On BC Zoned Land Table 2 summarizes the,additional developable acres that could result.as a result of the redesignation of the Yen Study Area from BP to BC. Follow-up to Selection Process -Amendments to the Comprehensive Plan Page 8 ------ --------- TABLE 2 Total BC- Developed Pending Public Unavailable Available for Redevelopable Vacant Parcels Acres zoned Projects Ownership for Development minus Critical minus Critical available for Acres Development (includes 10.4 Areas Areas development critical areas) A B C D E=B+C+D F G H = F+G 450.51 227.61 67.32 24.73 319.66 BO.85 34.59 85.86 120.45 Yen Devel~ped Pending Public Unavailable Available for Redevelopable Vacant Parcels Acres Study Projects Ownership for Development minus Critical minus Critical available for Area Development (includes Areas Areas development (Potential 40.35 critical BP to BC) areas) A B C D E=B+C+D F G H = F+G 124.18 12.11 0 27.48 39.59 84.59 15.68 28.56 44.24 New Total Developed Pending Public Unavailable Available for Redevelopable Vacant Parcels Acres BC-Zoned Projects Ownership for Development minus Critical minus Critical available for Acres Development (includes Areas Areas development 50.75 critical areas) 574.69 239.72 67.32 52.21 359.25 . 215.44 50.27 114.42 164.69 Based on the above table, if the existing BP-zoned p;rrcels on either side of Pacific Highway South between S. 348lh and SW 356lh Streets were granted a comprehensi~e plan amendment and rezone from Business Park (BP) to (Community Business) BC, there would be a tota~ of 574.69 acres ofnc zoned land. Of that total there would be approximately 215 acres of land available for development, of which approximately 50 acres are encumbered with critical areas, leaving approximately 165 acres for development. 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 from 427 acres in 2000 to approximately 451 'acres in 2006 due to rezoning of parcels from other designations to BC. As of March 2006, there are approximately 120 buildable vacant acres with an additional 67 acres in pending projects. The addition of the Yen Study Area would increase the land available for development by approximately 44 acres. C. Potential Impact On Commercial Development City-Wide TABLE 3 A B C D BC Zone Total Sq. Ft. of Office Sq. Ft. Retail Sq. Ft. Development Capac;itv F Based on Existing Developable 998,079 489,165 508,914 BC Acres G Based on Developable BC 387,859 168,963 218,896 Acres Added Bv Yen Change H Based on Developable BC 45,137 18,978 26,159 Follow-up to Selection Process -Amendments to the Comprehensive Plan Page 9 ------ ------ A B C D , BC Zone Total Sq. Ft. of Office Sq. Ft. Retail Sq. Ft. Development Capacity Acres Added By Waller IV Assoc Change I Based on Kitts Corner proposal 179 000 40,000 139,000 J Based on Total Developable' 1,610,075 717,106 892,969 BC Acres K OP Zone Total Sq. Ft. of Office Split RetaU Split Development Capacity L Based on Existing Developable .1,290,379 1,290,379 0 OP Acres M Based on Developable Acres 59,795 59,795 0 Added By Gramor Change N Based on Total Developable 1,350,174 1,350,174 0 OP Acres Table 3 shows the total commercial square footage broken down by potential office and retail square footage that could result from the existing vacant and redevelopable buildable land in the BC zone. It also shows additional commercial square footage broken down by office and retail that could be added by a redesignation of the Yen Study Area from BP to BC and the Waller IV Associates parcel from Office Park (OP) to BC. In order to get a complete picture, we have also included the retail and office square footage proposed for the Kitts Comer site and the additional office square footage that could be built if the Gramor site was changed from BP to OP. Based on the existing BC zoning and the potential changes in zoning and the pending Kitts Comer development, the City could add 384,055 new square footage of retail space in the BC zone, increasing potential new retail space by 75 percent. Statistics on vacant retail square footage are not available. However, in recent months, the Target Store and the To~ R Us Store located in the City Center Frame have closed; Old Navy in the City Center Core has closed; and Borders will be relocating within the City Center Core from the SeaTac Plaza to the Conunons. Similarly, with all of the potential comprehensive plan and zoning designation chaDges, there could be an additional 287,736 square footage of office space, increasing potential new office space by 16 percent. As shown in Table 4 below, as of the end of2005, there , were 260,813 square feet of vacant office space and a vacancy rate ofapproximately 14 percent. TABLE 4 # Bldgs Total Direct Direct Sublease Sublease Total Vacancy Inventory Vacancy Vacancy Vacancy Vacancy Vacant Rate SQ.Ft. Sq.Ft. Rate Sq.Ft. Rate SQ.Ft. 57 1,923,834 256,938 13.36% 3,875 0.20% 260,813 13.56 Source: Colliers International Market Report, .South King County Office, Fourth Quarter 2005 Follow-up to Selection Process -Amendments .to the Comprehensive Plan Page 10 While the BP zone may not be experiencing a high demand for development, increasing the supply.ofland for office and retail development may detract from development of the downtown and drive down land costs in the commercial zones. Consequently, we may not see the downtown redevelop as we are envisioning. While increasing the land supply may have some benefits to those land owners desiring to develop BC-related uses, a concern would be that it would result in lower end land uses that seek out cheaper land. D. Potential Traffic Impacts Associated With The Yen Study Area Comprehensive Plan Amendment And Rezoning The existing traffic model was last updated in 2000 and was based on BP zoning in the Yen area. If the comprehensive plan arid zoning were changed from BP to BC, the additional office and retail square footage in this area shown in Table 3, ~ow G would result in the following additional trips: 5,137 Weekday Trips -352 AM Peak Hour Trips 231 PM Peak Hour Trips 10,087 Saturday Trips 973 Saturday Peak Trips 5,124 Sunday Trips 625 Sunday Peak trips The traffic analysis fOT this comprehensive plan amendment and rezone would also require an update ofthe Travel Demand Model, as previously discussed, and would cost an additional $25,000 beyond the $50,00 fOT the update to analyze the model results relative to this comprehensive plan amendment and rezone. A SEP A detennination could also not be issued until the traffic update had been completed. E. Suiface Water The drainage from the Yen Study Area drains to the SW 356th Detention Pond. Based on a rough comparison of build -out at BC versus BP zoning, the total building gross square footage is anticipated to be greater under the existing BP zone. However, in general, parking requirements are less for BP type uses; therefore, there should be no significant differences under either development scenario to the drainage system. The developer would be required to provide on-site detention and water quality treatment if the site built out under either BP or BC zoning, and implementation of existing codes are sufficient to address this. F. How is the Business Park (BP) Zone Working? The purpose of the BP zone according to the comprehensive plan is: "...intended to capture the demand for higher quality, mixed use business parks which permit a mixture of light manufacturing, warehouse/distribution, office and limited retail uses to serve the immediate needs in the area. In the past few Follow-up to Selection Process -Amendments to the Comprehensive Plan Page II years, the City has observed a marked increase in requests to change parcels from the Business Park designation to another comprehensive plan designation. As a result, the city should explore potential changes to the allowable mix of uses in the Business Park zone in order to meet changing market conditions. .. In August 1996, the City adopted non-residential code amendments, which significantly changed the uses that were allowed in the non-residential zones. Since that time, we have received numerous requests for comprehensive plan amendments and rezones from BP to other uses, but most frequently to BC. Some of the requests included Christian Faith Center (Request from BP to RM 3600 [Multifamily, one unit per 3,600 sq. ft.]), Kitts Comer (Request from BP to BC and RM 2400 (Multifamily, one unit per 2,400 sq. ft.]), STRS and Clerget Limited Partnership from BP to BC, and presently the Gramor request from BP to OP. Some of the reasons given for these requests are that there is not a market for industrial uses in Federal Way and that industrial land is cheaper in the Kent Valley_ Therefore, as part of the seven-year comprehensive plan update, which was adopted in March 2003, staff added the following Economic Development Policy to encourage ,careful analysis when reviewing these requests: EDP8 In order to encourage efficient and desired development and redevelopment of existing land designated and zoned for various types of commercial uses, when considering proposals for comprehensive plan amendments and rezones to commercial designations and from one commercial designation to another, the City will consider development trends in commercially zoned areas, market demand for various types of commercial land, and amount of vacant commercial land. The following table demonstrates the difference in the two zones in terms of allowable uses. As you can see, some uses are allowed in both zones (row A). In other cases, the difference is an order of magnitude (rows B, C, D, and E). Row F shows the uses that are allowed in one zone but not the other. Table 5 BP Zone BC Zone A Similar Uses . Office use 4 . Office use Allowed . Personal wireless service . Personal wireless service facility facility . Govermnent facility . Government facility . Public transit shelter and . Public transit shelter and facility facility . Public park and recreation . Public park and recreation facility facility . Senior citizen housing . Senior citizen housing . Hotel or motel . Hotel or motel . Self-service storage facilities . Self-service storage facilities 4 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. May utilize 100 .percent if located on any parcel that is less than two acres in size, provided that the lot W/lS legally created prior to March I, 1990, and the appli.cant has not owned any contiguous lot or lots since March 1, 1990. Follow-up to Selection Process -Amendments to the Comprehensive Plan Page 12 ------ BP Zone Be Zone B Difference in . Limited retail sale (lumber, · Retail (grocery, produce, Retail Uses paint, glass, plumbing, drugs, personal care, books, Allowed electrical/heating fIXtures, liquor, hardware, garden and household goods, related items, household goods, furnishing/supplies - does furnishings, clothing, variety, not include bulk or big box home electronics, sporting retail) goods, works of art) . Retail sale of grain, seed, . Bulk retail sale oflumber, fencing, hay, agricultural paint, glass, plwnbing, supplie~ electrical, heating fIXture/ . Wholesale/retail sale of supplies, bulk household goods nursery stock & furnishings, wholesale/retail nursery stock (includes big box) · Retail providing laundry, dry cleaning, beautylbarber, video rental, shoe repair · Retail sale of grain. seed, fencing, hay, agricultural supplies · Retail providing entertainment, recreational, or cultural services/activities C Differences in . Restaurant (50 seats . Fast food restawant Types of maximum) . Restaurant or tavern Restaurants Allowed D Differences in · Retail providing vehicle or . Retail providing vehicle, boat, Types of Vehicle boat service/repair/painting or tire sales, service, repair, Sales and Services &lor painting Allowed . Vehicle service station or car wash E Differences in . Vocational or trade school . Business, vocational, or trade Types of Schools school , Allowed F Differences in . Merchandise & equipment . Merchandise & equipment Merchandise and rental facility, including rental facility, excluding Equipment Rental heavy equipment heavy equipment rental Facilities Allowed G Different Uses . Engraving, stone cutting . Bank and related finanCial Allowed . Industrial laundry facility service . Wholesale printing and . Parking lotfor temp storage publishing ofRV's · Auto emissions testing ., Private lodge or club facility . Health club, golf course, . Broadcast studio driving range, indoor pistol . Fabrication (clay, glass, range, bingo hall ceramic, light stone, china; . Oversized commercial vehicle signs/advertising displays; facility & service yard components/parts for (including truck stop. tow or vehicleslboatslaircraft; metal taxi lot. & transfer facility) Follow-up to Selection Process -Amendments to the Comprehensive Plan Page 13 BP Zone BC Zone plating/coating; hand tools, . Day care facility (except G Different Uses heating equipment, screwing Class II home occupation) Allowed - products; similar metal ~ Church, synagogue or other Continued products) place of religious worship . Fabrication/assembly (office . Multi-unit housing (attached equipment/machines, and/or stacked ~ot on ground furniture, fixtures; small floor) electrical, electronic, . Special needs housing communications, lighting . Hospital facility, convalescent equipment; appliances; center, nursing home bicycles; boats; professional . Group home, Type II-A & 11- scientific, photographic! B clockwork instnunentsl . Social services transitional equipment; toys; jewelry; housing, Type A or B nmsical instruments; other . Adult entertaimnent activity, misc.) retail, or use . Manufacture (food products, textiles, leather products, fabric, apparel, printing, publishing, and photo finishing) . CommerciaVindustrial photography, cinematography, and video production · Research and development facility . Hazardous waste treatment and storage facility . Chemical manufacturing . Gravel batch plant · Lumber material yard . Warehouses and wholesale distribution facility · Bulk: food preparation ,,1 facility ..!-J: . Office and warehouse space (including equipment storage yards for service businesses whose work is off site) . Commercial recreation facility . Outdoor conunercial recreation facility Since the City must provide an opportunity for any BP-type use to locate in the City, it may not be reasonable to get rid of the BP zone, either directly by getting rid of the zone itself, or indirectly by allowing so many rezones from BP to some other zone that there Follow-up to Selection Process -Amendments to the Comprehensive Plan Page 14 --------- --------- is not a choice in location. However, an alternative may be to look at combining the BP and BC zones, requiring performance standards such as increased separation or landscape buffering to ensure compatibility of certain BP uses with neighboring uses. G. Impacts on Staffing and Time The following table summarizes the costs associated with the SW 356th and the Yen Study Area comprehensive plan amendments and rezones. Table 6 Public Works Work to be done by Travel Demand UDdate $50,000 Consultant SW 356tb Area Traffic Analvsis $25,0.00 Consultant Yen Area Traffic Analvsis $~OO Consultant Staff to Mana~e Traffic Consultant $100,000 New Staff Persons Update Model for Bellacarino Woods $5,000 Consultant Retention Pond StudYing remainder of drainage basins $125,000 - $150,000 Consultant Total $330,000 - $355,000 Community Development Senior Planner $85,000 New StaffPerson6 Total $415,000 - $440,000 As stated under the SW 356th Study Area discussion, Community Development staff would be impacted by these large-scale comprehensive plan amendment and rezones. A comprehensive plan amendment and rezone of the this area would require a certain amount of planning staff time in notifying, educating, and meeting with property owners and tenants in addition to closely working with Public Works. In order to address traffic impacts, the Travel Demand Model would have to be recalibrated, updated, and rerun at a cost of approximately $50,000. Analyzing the model output related to the Yen Study Area would add another $25,000 in costs. This work would take approximately one year and require hiring a consultant and one additional FTE to manage the project. Assuming that we have the adequate staff and cOnsultant resources to conduct the necessary studies this year, as discussed under the SW 356th Study Area section of the report, planning staff cannot issue an environmental detennination on the impacts of this comprehensive plan and rezone until all of the environmental impacts have been analyzed. Based on this GMA requirement, and previous discussion about the time associated with the Travel Demand Model (11 months), processing ofthe Yen Study area comprehensive plan amendment and rezone this year would result in the delay of all of the site-specific requests. However, even if this request was considered on its own, there may still be a potential delay because some level of environmental analysis would be necessary. ~ere may be some reorganization within the Traffic Division, whereby existing staff would be responsible for project management and a new person would do development review. 6utere may be some reorganization within the Planning Division, whereby existing staffwould be responsible for these projects and a new person would perfonn on-going planning review. Follow-up to Selection Process -Amendments to the Comprehensive Plan Page IS ------- V. COUNCIL ACTION Pursuant to FWCC Section 22-523(d), the City Council shall detennine w4ich requests shall be further considered for adoption, and shall forward those requests to the Planning Commission for its review and recommendation. The Council's decision to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted, nor does itpreclude later Council action to add an amendment for consideration. VI. STAFF RECOMMENDATION 1. SW 356th Area Comprehensive Plan Amendment and Rezone - Staff recommends that if the Council detennines that a study for this area be initiated this year, the request should be separated out from the other requests, both additional Public Works and Community Development staff be provided, and that money be budgeted for the Travel Demand Update and analysis of this area, and the Surface Water Management Studies as shown in Table 6. 1.\" ~ .. 2. Yen Area Comprehensive Plan Amendment and Rezone - Staff recommends that if the . "\'~''1'1'::. Council detennines that this area be studied this year, the request should be separated out , " .~ from the other requests, both additional Public Works and Community Development staffbe ...i" provided, and that money be budgeted for the Travel Demand Update and analysis of this area as shown in Table 6. VII. LAND USElTRANSPORTATlON COMMITTEE RECOMMENDATION The LurC has the following options 1. Lifeway Church Comprehensive Plan Amendment and Rezone (a) _ Forward the, larger SW 356tb study area for further consideration, along with a package to fund additional' Public Works and Community Development staff, in addition to funding the Travel Demand Update and analysis of this area, and the necessary drainage studies. Due to the scope of study and the time for completion, separate this comprehensive plan amendment and rezone from the ,remaining requests. (b) _ Forward the Lifeway Church request for further consideration, with a provision that it may be necessary to separate this comprehensive plan amendment and rezone from the remaining requests, depending on its complexity. (c) _ Do not forward the Lifeway Church request for further consideration. Follow-up to Selection Process,-Amendments to the Comprehensive Plan Page 16 ------- 2. Yen Comprehensive Plan Amendment and Rezone (a) _' Forward the larger Yen Study area for further consideration, along with a package to fund additional Public Works and, Community Development staff, in addition to funding the Travel Demand Update and analysis of this area. Due to the scope of study and the time for completion, separate this comprehensive plan amendment and rezone from the remaining requests. (b) _ Forward the Yen request for further consideration, with a provision that it may be necessary to separate this comprehensive plan amendment and rezone from the remaining requests, depending on its complexity. c)_ Do not forward the Yen request for further consideration. d)_ Study changes to the allowable uses in the BP zone. 3. Lee Request (a) _ Forward the larger SW 356th Study area for further consideration, along with a package to fund additional Public Works and Community Development staff, in addition to funding the Travel Demand Update and analysis of this area, and the necessary drainage studies. Due to the scope of study and the time for completion, separate this comprehensive plan amendment and rezone from the remaining requests. (b) _ Forward the Lee request for further consideration. (c) _ Do not forWard the Lee request for further consideration. Follow-up to Selection Process -Amendments to the Comprehensive Plan Page J 7 VIII. LIST OF EXHIBITS Exhibit A South of South 356th Street Study Area Exhibit B BP Zoning in Federal Way Exhibit C Composite Map Exhibit D Map of Site-Specific Request #3 - Lee Exhibit E Map of Site-Specific Request #9 - Yen Exhibit F Map of Site-Specific Request # 10 - Lifeway Church Exhibit G South of South 356th Street Existing Water and Sewer Service Exhibit H Drainage in the RS 15.0 Zone West of 1st Avenue South Exhibit I Ownership Pattern in BP Zone, South 348th Street to South 356th Street Exhibit J Status of the existing BP-Zoned Land 1:\2006 Comprehensive Plan\Selection Process\LUTC\040306 Meeting\LUTC Staff Report.docl3I2712006 1 :08 PM Follow-up to Selection Process -Amendments to the Comprehensive Plan Page 18 ---~----- MEETING DATE: April 18tb, 2006 ITEM# 5-e CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: S 333rd St & 1st Way S Traffic Signal Project Bid Award ----1- CATEGORY: BUDGET IMPACT: !8j CONSENT 0 ORDINANCE Amount Budgeted: $ o RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $ o CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $ ._._---~_....-..~_.~._-_....._._~.__.~......--......._.------_.....__.,..~.,~_.... .~~~-~~~ _~H~_____.____ ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated April3rd, 2006. .._.._..___...___.__....H.___....__.___..._H.~__.~_...__._.__..__..___.._.___.___'_"__ ._._- SUMMARYfBACKGROUND: Six bids were received for this project. They were opened on March 24,2006. The lowest responsive, responsible bidder is Totem Electric, Inc. With a total bid for Schedules A and B of $280,080.00. ~._..____...._.__.__~~___M.._M._......._~........___...._..____~_...M~_.._~_..__..___._~____..~__. -------- CITY COUNCIL COMMITTEE RECOMMENDATION: At its April 3rd, 2006 meeting, the Land Use and Transportation Committee forwarded the following staff recommendations: Award Schedule A of the S 333rd Street & 1st Way S Traffic Signal Project to Totem Electric Inc. the lowest responsive, responsible bidder, in the amOtmt of :256,695.00 and approve a 10% contingency of $25,669.50, for a total of$ 282,364.50, and authorize the City Manager to execute the contract. If project funding allows, approve adding Schedule B back into the contract with the understanding that the total cost will not exceed the total funding available for this program. ---~--_._------_._---~--_._--_..~._.....__._._- ...-.-- PROPOSED MOTION: "I move to award Schedule A of the S 333rd Street & 1st Way S Traffic Signal Project to Totem Electric Inc. the lowest responsive, responsible bidder, in the amount of $256,695.00 and approve a 10% contingency of $25,669.50, for a total of $ 282,364.50, and authorize the City Manager to execute the contract. If project funding allows, approve adding Schedule B back into the contract with the understanding that the total cost will not exceed the total ::~:~:::~:~~~~ a-~ - ..._~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 T ABLEDIDEFERREDINO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # ~VISED - 05/1012001 -- ------ C,ITY OF FEDERAL WAY MEMORANDUM DATE: April 3, 2006 TO: Land Use and Transportation Committee VIA: Donna Hansen, Interim City Manage~ FROM: Cary M Roe, P .E., Director of Public Works ~ Ken Miller, P.E., Deputy Public Works Director SUBJECT: S 333,d Street & j5t Way S Traffic Signal Project Bid Award POLICY QUESTION: Should the Council award the S 333rd Street & 151 Way S Project to the lowest responsive, responsible bidder? BACKGROUND: Six bids were received and opened on March 24, 2006 for the S 333rd & 151 Way S Signal Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Totem Electric, Inc. With a total bid for Schedules A and B of $280,080.00. AVAILABLE FuNDING: The budget for the S 333rd Street & 151 Street Traffic Signal Project is $340,000. ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project construction costs: SCHEDULE DESCRIPTION AMOUNT A Traffic Signal at S 333rd & 1s1 Way S 256,695 B Three street lights on 8th Avenue S 23,385 ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: $280,080 10% Construction Contingency $28,008 Design $40,000 King County Signal Review and controller $7,000 Printing plans $900 Easement and Title report $500 Advertising $1,800 ESTIMATED TOTAL PROJECf COST (INCLUDES 10% $358,288 CONTINGENCY FOR CONSTRUCTION) The project is $18,288.00 over budget and in order to stay within budget it is recommended that Schedule "B" in the amount of $23,385.00 (8th Avenue South street lights) be deleted from the project and a contract amount of $256,695.00 be awarded to Totem Electric Inc. If project funding allows it is recommended the street light schedule B is added back into the project, this determination will occur after a substantial amount of the work is complete so as not to go over the available budget. Six bids were received for the project and therefore it was a competitive process, the increased costs are due to higher; copper wire, diesel and PVC prices. Apri13rd.2006 Land Use and Transportation Committee S 333rd St & 1st Way S - Traffic Signal Bid Award Page 2 OPTIONS: 1. Award Schedule A of the S 333rd Street & 151 Way S Traffic Signal Project to Totem Electric Inc. the lowest responsive, responsible bidder, in the amount of $256,695.00 and approve a 10% contingency of$25,669.50, for a total of$282,364.50, and authorize the City Manager to execute the contract. If project funding allows, approve adding Schedule B back into the contract with the understanding that the total cost will not exceed the total funding available for this project. 2. Reject all bids for the Project and direct staff to rebid the project and return to Committee for further action. .3. Do not award the S 333rd Street and 151 Way S Project to the lowest responsive, responsible bidder and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the April 18, 2006 City Council Consent Agenda for Approval: Award Schedule A ofthe S 333rd Street & 151 Way S Traffic Signal Project to Totem Electric Inc. the lowest responsive, responsible bidder, in the amount of $256,695.00 and approve a 10% contingency of $25,669.50, for a total of$ 282,364.50, and authorize the City Manager to execute the contract. Ifproject funding allows, approve adding Schedule B back into the contract with the understanding that the total cost will not exceed the total funding available for this program. COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the April 18, 2006 City Council Consent Agenda. cc: Project File ---- -- 888 8 ~ ~ .. o 0 0 0 g ~~ 8000000 .. .. N .. o 0 0 0 000000 .. :! " ...J ~ ~ ~ ~ g ~ '" 11 ~ ~ ~ .. ... "' ~!l~~~~; .. <eX C") ..... ..... ,., - :: ~2 " ~ ~ E- N ~ E- ~ 'i N ~ - 0; N ,,; ! t- N N ~ .; ~ i! 't: Q 0 u '" u OJ ", .. .. W ~~~~~~~~~~~~~~~~~~~~~~~ W \4"'t..,...............,..""'..,~ .J:: .J:: 4 " g g g g g 8 :g :g ~ :g ~ ~ g g g g g ::: ~ egg ~,~: " ~~~~~~:~~~j< .. .'! .. ~ ~ ~ g 8 gem g ~ : ~ ~ ~ ~ ~ eON C") . ~ ", c: o-W .. w ,.,~:;:n. -UR ;:' z9 ~-~~; ~;;;:iN . ~z~ l! ,,<< N ~;~ .... ~ .... ,,~ ~~~..,~..,~~~..,..,..,~..,..,..,..,....,..,..,~\~ CIIt.... ""'.......... ""..,... vt :." ~ g g g g g ~ g ~ ~ g 8 g 8 g 8 ~ ~ 8 ~ $ ~~ ~~~g~~~g~~! .. ~~~~~~~~~~~~~~~~~~~~~~~i ~ OUJs.....O.....G)OOln '!,j '" ~~::--~e-,.."IONU)...;."" N ij a i! ~:lU)~~~:q9~!: ~ 'ii 0 ~ .. 0 iii 13 OJ ~~i II: ..,..,~""""""""""""...""""-""""~..,-..,""..,...~ II: j':' .. .. .....................,.....,.."': C g g 8 8 g g a ~ ~ ~ ~ ~ 8 g g 8 8 ~ ~ 2 ~ S ' C ~gggg~1l~8~'~ c: c: '" ~~ ~ ~ ~ ~ ~ g ~ ..... ~ ; : ~ ~ ~ ; ~ ~ 0 N .., ~ : ~...t.LI ~~~8~~~;:;:i?~ Q =. -os!e ; ";.n :;;2 N '!! ~~ "II: "II: ~ .. ':f ~"'M"""'''''''''''''''~'''''''''''''''''''''''''''''''''''' ................ ......""...~i. 8 8 8 g 8 8 ~ 8 8 ~ i 2 g g g g g g g ~ ~ 8.0 ~~~~~!~~:~~ :: 2 g g g g g ~ :t:! ti X e ~ g g: ~:e ~...: ~ ~a ;l illN8c8- _~D"I ;,; 4~~~~~~~~~~~~~~~~N-N~~n~ .-.Ift 'I!.'l').... on"l"11D .. ft 2:!f")_-~~N~noNlOlOg~~ N ~ ......_ tv __~ .. .g u o ' - ~ ~ - ~ 't: Q f{ u <> .. '" '" w .:;0" w > ..,..,......."''4..,'''..,..,'''........,.....................Wl~ > ......""......,r)..."'.."" ~~ .!! g 8 8 ~ ~ ~ ~ ~ g ~ ~ ~ ~ ~ ~ 8 8 ;. ~ ~ ~ ~~; .!! ggg8g~~::g~ ~ ii ~~ ~ * ~ ~ : g ~ ~ N ~ 'td ~ 8 ~ ~ : ~ 0 N .., ~ :~~ > w :;~~l~~~:=~~ ~~ "" ..) ":~2 -'~~'~" ~~ "II: ... :! t~ ~ .. .. "" .. ... ... ... '" ... ... '" ... "" ." ... "" till) .. "" "" ... .... Ul .\~ w..."",..",...",..vt"",;~ g 8 g g g g 8 8 8 8 8 8 8 8 g g g g g g g 8! g8g8gggg88~ :i! ~ g ~ 0 0 0 .. 0 ., .. g g g -' g g ,,; 0 0 .,; -' "'I ddd~O"do~gl : ~ n 0 ~ 8 8 : ~ ~ ~ Nil). i II) 'l') ~ ~ ~ 0 ~ R ;i~~~ ~:;~~.II] u ~ ~ ..: ..: ~ 2 ~ N " ~ N ~ G ~ ~ ~ N' " 5 N_ --:ti 't: 0 - I 'C ~ ~, <> iii <> ii . .. .. W iii '.-;. E ......*...............~......"'''''~.......................~ E ...........,... .........~ ~ .. 8 g 8 g g g g 8 8 8 8 g g g 8 g g ~ g ~ e g ': s 8ggSg8 g88g~~ 0 0 ~ ... ~~ ::; f ~ ~ ~ & at co r; ~::: ~ ~ ~ ~ ~ =s d N..,..:;tj .... w ~8gg8~~5lS8f: ~en H .., ,"H. 'l') :}!~ " "" N -~2 _~.n.n ~r I ~ ~ - t: - _t~ Ii '" ~ 3:i;' ..,....."'..."'................................................; ...""""........""'...""...""?t. ';', j I .J3:'i 8 8 8 8 8 8 8 8 8 g 8 8 g 8 & & g 8 g & 8 81 88&8888888 ! iI I i: ~ 8 . 0 0 0 ~ g g ~ g g 8 g g 8 g 8 g ~ g g ;l ~~UUUU f i <_c: ~~~~~&&~~~~qq~q~~,.,NN~.. : ! ~ Q::lI)m _ ~ - - : 2 - non. N .... ~ ~ .n .n - 5 roi !l ":~N~ W....- 0 2 - ~ 0 0- , ft . ~ 0 0 0 C~en <> <> ii i J! III W_u oS ............""......"".........."".....~~......~M~~~ g "",...""1IIt"",4jI) ""......"" t ~ ~ lI..en= .. 8 g 8 8' 8 8 g g 8 g g g 8 g g g 8 ~ ~ g 8 g~ .. I . c: c: lI..-of 0 0 ~~~~p~~~~~~~ i 0 !~ ~ ~ ~ ~ ~ ~ :: :: ~ ~ ~ st ~ ~ ~ ~ ~ 0 N ..; ..; ~~ ()\;~ ~agog~~~88.. 9 O~t- N lI) ~ .n _ ~ ~'. .& i . ..: 'i 2 ..: :; td iii ,~ ~~ ; III ~~ ~ - { M...~.........~.......~...""'..."".........~M""IIItMj .....~IIt""''''' ......~.. ' ~ (3 en 8 8 8 8 8 g ~ 8 ~ 8 8 8 8 8 8 8 8 8 & &:;: 8 - &&&!!&ll!li!li!~&~ ~ .. iL <~~~~l~~~~~~~~~~~~~~~~~ ;i ~~~i~g~.!~~! 5 J ~ ~ " N ~ _ .... 0 _ N " ~ N m ~ ~ ~ ~ - N ... NN.... ~":IO. f " " 0- N_ .n - " o p ~ 0- - E .. r <> 0 f~ 0 ~ iii " OJ .. .. ili .p iii I \ ii ......IIItMM....IIIt....MMM""""...""""""""'~"".....~ ii ..""..IIIt....~.....vt.. c: g 8 g g ~ g ~ 2:e g 1;: 8 888 ~ 8 '4 ~ 8 ~ =)'.t c: " a 88g8g~:~~g~~ iii U t;! ~ ~ ~ ~ e.... ~ : ;0 ~ ~ ~ i! ~ 0 N"; ~..t~ iiir :; ~ g ~ g ~ ~ ;i ~ t .~ 2 tIi ~,.: 0 ..: wi ,.: ..; ,~; << ....>1).;") ~i ~ N _ !? ;>.'; .. ...""MMM..M_M...M............."'......""M......~ ~~....~.....""~....~!. ~ !! & & & 8 & 8 ~ ~ 8 ~ & ~ 8 & 8 ~ ~ ~ ~ ~I &ggg88888& ,~ .. .. S ~ ~gg~gg~~~e8~~~~~a~~!i~ .'! ~ ug~~l!UU :~ ~ ! .. .;: wi a ~ ,..: ci N ;i N .;: N wi .,; -:Jt " coi - "" """: ""'r:" E e!LtM:i::",,=."~; J!..tD e ~ ;;M ",,;;;;.. ........."".._~""... '" Ii .. N .. M ~ i 0 N .. W W OJ 00000 o:~ e ~. e .. g g g g g g g 8 8' 8 8 g g 8 g g ~ ~ ~ e g g:;~: :: .. oooo08g88o~ c: c: 'ii ..w a~i~~~aaa5al~~~~~~~~~~~ ~~~ aIUUaU~~: c: ~~ :;i~.;~~ =~~:i~ M~:.: W ~ W ~ "':::~ a~~ :~( .. " ... ',. z~~~~~:~~~~~~~~~~~~~~~:~ ~ 1:':'1~~~~~!hf :j~ 1l~ h~ ., '-~~ .. fi ~ _ ~ _ _ _ ; ~ ~ ~ ~ ! . _ _ _ _ ~ ~ ! ! .i": o(fl' 21"J---~222-;~ i "~~ ~5 ;!1t i 0 '.) l.; .. !! ;;; ! ~,t ~ ;;; " .. " j " j ~ " ,., ... ... t i . " ~" ~ " .. ft . . .. Ii , .. i ;g!~ ~ iJ r i ! ii I~!.' u i 'E iidj r 0 ~ ~ fi ~ 3 ~ 0 r r ~ z ;; } ~ ~ ~ t a I S 8 ~ .' j "is 8 . U 'D ;~ .. i! 1: c I .a .. .. ! .. ~"r5 .'!'!t~~1 ~~ol ! ~ {l" ~{l i I '.: 0 .. .. ~3 ~-- ~l~' ~ z g , t ~ 1 ! ~ i ~ ~ ti I i ~ ~ ~ J ~ 1 .5 ~;; ~p iH~T~ .. .. % C .. 0 2: ",di;'jouii~"/' in .. 0( ~ ..~~-<;;Oow~~~"'c,,~.. ;=f~~ (; w 1I'Ji;'~ig.rr~uCJ i!!iO!~~ .. w H~iHfI~f~ z ... w I: o .. 1& V . - 11 .# t! Ii CJ ct) to- ~ OJ " J ~ I ~ ! j i ~ ~ ! ~ t ~ j ~ ~ ~ I - j g 2 2 9 ..- .. D :> ~;:~ I&tr: ~i. "'~ OJ ~ ~ : ; ~ ~ : ~ : : ~ s ~ ~ g I l a l ~ I : I ~ w '" ... ...g U % 10 ~ _ - ~ .n .n II'J ~ II'J II'J ~ II'J II'J II'J II'J II'J .n ~ II'J n II'J :> ~~~i~;~~tg~ .. :;l ~!~~~~~2~~~;~i~:z~~2~~' ~ ..u ~ % ':'':'':'':'NnNcO...o U 15 ~ , ~ ~ ~ ~ ~ ~ ~ ~ ~ , ~ ~ ~ ~ ~ = = : = : :;l 5;&5;3,~~5i5i3s~ .. h - ~ ~ . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g ~ ~~ ~g -NI"J......,....IOGt :> .. MEETING DATE: AprillStb,2006 ITEM# 5-f CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Triangle Project Status ~"'------~"'-'-------"'-'-'-"---- -------I~~- CATEGORY: BUDGET IMPACT: ~ CONSENT D ORDINANCE Amount Budgeted: $ D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $ D CITY COUNCn.. BUSINESS D OTHER Contingency Req'd: $ -....---..---...-----.....-.----.-.--....-.-----.-....-----.---....----...--....-..---..--.-.-------..- ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated April3rd, 2006. .. ..--.--.--.----.---.---..----.----.---- SUMMARY /BACKGROUND: Washington State Department of Transportation (WSDOT), in conjunction with Federal Highways Administration (FHW A), King County, and the cities of Federal Way and Milton, are in the process of evaluating the preferred alternative for the environmental process. The primary objectives of the project are to improve safety and reduce congestion in the I-51 SR-18 interchange and at the SR-18 (S 348tb Street) 1 SR-161 (Enchanted Parkway S 1 16tb Avenue S) intersection. Based on the deferral of the 16tb Avenue S realignment, staff's preference is for Alternative F, which is similar to Alternative C, except that it provides an off-ramp to Enchanted Parkway at both S 356tb Street and just north of the 1-5' overpass. We propose a modification to Alternative F by providing two-way traffic east of Enchanted Parkway in order to provide access to properties between Enchanted Parkway and 1-5. The direct connection oS 356tb Street diverts more traffic from S 348tb Street, although this then requires additional improvements to the Enchanted Parkway 1 S 356tb Street intersection. These additional improvements would include a northbound double-Ieft- turn, an eastbound double left-turn, and an eastbound double right-turn. This would also create a 5-legged intersection, which although not desirable from a safety and efficiency perspective, would function no worse than the existing configuration of two closely-spaced intersections. Therefore, the staff proposal addresses the concerns raised (except the signal coordination issue) at an additional cost of approximately $4 million. ---------. h___ -.-...-----..-------- CITY COUNCIL COMMITTEE RECOMMENDATION: At its April 3rd, 2006 meeting, the Land Use and Transportation Committee approved Option 2: Approve the staff recommendation for Alternative F, modified to allow two-way traffic on S 356tb Street between Enchanted Parkway and the 1-5 southbound off-ramp. .---.. ..-----.----..---. ---- PROPOSED MOTION: "I move to approve the staff recommendation for Alternative F, modified to allow two-way traffic on S 356tb Street between Enchanted Parkway and the 1-5 southbound off-ramp." -.. ___.___.._.__h______._._._____ h__....________ CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED COUNCIL BILL # D DENIED 1 ST reading D TABLED/DEFERREDINO ACTION Enactment reading ] MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/1 01200 I CITY OF FEDERAL WAY MEMORANDUM DATE: April 3rd, 2006 TO: Land Use and Transportation committe) VIA: Donna Hanson, Interim City Manager ~ . FROM: Cary M. Roe, P.E., Public Works Direcro/'if!; Rick Perez, P.E., City Traffic Engineer SUBJECT: Triangle Project Status POLICY QUESTION: Should the Council approve WSDOT's recommendation for the configuration of the southbound off-ramp from 1- 5 to SR~161? BACKGROUND: Washington State Department of Transportation (WSOOT), in conjunction with Federal Highways Administration (FHW A), King County, and the cities of Federal Way and Milton, are in the process of evaluating the preferred alternative for the environmental process. The primary objectives of the project are to improve safety and reduce congestion in the 1-5/ SR-18 interchange and at the SR-18 (S 3481b Street) / SR-161 (Enchanted Parkway S /161h A venue S) intersection. The preferred alternative for the interchange has heightened focus on the operation of the SR-161 at S 356th Street intersection. Interim improvements to this intersection were constructed by Federal Way School District to mitigate impacts of Todd Beamer High School. These improvements were anticipated to fail the City's Level of Service (LOS) standard by 2009. Therefore, the City's adopted Transportation Improvement Plan includes a project that would add a second northbound left-turn lane from Enchanted Parkway to S 356th Street and widen S 356th Street to, five lanes between SR-99 and SR-161. However, the addition of volumes from the southbound off-ramp would cause this intersection to fail by the design year (2030) of the Triangle Project, even with the planned TIP project. Additional analysis of the intersection has yielded an alternative ("Alternative C", see attached) that avoids directly impacting the intersection by rerouting the southbound off-ramp to intersect Enchanted Parkway immediately north ofthe 1-5 overpass. The additional traffic generated by the off-ramp would require a southbound right-turn lane in order to meet the state's LOS standard in 2030. WSDOT is proposing to include these intersection improvements in the project. Staffs concerns with Alternative 'c' are: . Since it does not divert as much traffic from the SR-18/ SR-161 intersection as other alternatives, it does not address one of the primary project objectives to improve safety and capacity of the intersection; . It diverts less traffic (about 600 vehicles per hour) from S 348th Street than alternatives that have the off-ramp feed directly into the S 3561b Street intersection, thus requiring the City to fund additional improvements or accelerate their construction on the S 3481h Street corridor; including: 0 SR 18 at SR 161 (TIP Project #14; CIP Project #02-04) 0 SR 18 at SR 99 (CIP Project #98-37) 0 S 3481h Street from SR 99 to 9th Avenue S (TIP Project #3) 0 S 3481h Street from 91h Avenue S to 151 Avenue S (CIP Project #98-25) 0 S 348th Street at 151 A venue S (TIP Project #7) 0 SW Campus Drive from lst.Avenue S to 10th Avenue SW (CIP Project 92-11) 0 SW Campus Drive at 191h Avenue SW (CIP Project #00-15) 0 SW 3361h Street at 2151 A venue SW (CIP Project # 00-08) 0 SW 336th Way/SW 340th Street from 26th Place SW to Hoyt Road (TIP Project #26); . It preserves the present awkward and inefficient configuration of two closely spaced intersections; . It may require additional right-of-way dedication from Lowe's after we have already negotiated significant improvements and right-of-way dedication; -------~ April 3rd, 2006 Land Use and Transportation Committee Triangle Project Status Page 2 . It adversely impacts the abiiity to provide good signal coordination on Enchanted Parkway. Positive aspects include: . It cost-effectively meets WSDOT's and the City's LOS standards at Enchanted Parkway and S 356111 Street; . It minimizes right-of-way and access restriction impacts for properties that rely on S 356th Street east of Enchanted Parkway for access. Staff has been supportive of alternatives that include realigning 16th Avenue S away from Enchanted Parkway in order to simplify and improve the safety of the intersection. However, WSDOT is not supportive of an expansion of the scope of the project if the intersection can be shown to operate within its standards without the realignment. In addition to the added expense of the realignment, expanding the scope of the environmental analysis at this time would delay the project by at least 6 months. As a fallback position, the City could amend the Comprehensive Plan to show the 16th Avenue S realignment to be constructed at a later date by the City and/or redevelopment along the realignment. Based on the deferral of the 16th A venue S realignment, staff s preference is for Alternative F, which is similar to Alternative C, except that it provides an off-ramp to Enchanted Parkway at both S 3561h Street and just north of the 1-5 overpass. We propose a modification to Alternative F by providing two-way traffic eastof Enchanted Parkway in order to provide access to properties between Enchanted Parkway and 1-5. The direct connection to S 356th Street diverts more traffic from S 348th Street, although this then requires additional improvements to the Enchanted Parkway I S 356th Street intersection. These additional improvements would include a northbound double-left-turn, an eastbound double left-turn, and an eastbound double right-turn. This would also create a 5- legged intersection, which although not desirable from a safety and efficiency perspective, would function no worse than the existing configuration of two closely-spaced intersections. Therefore, the staff proposal addresses the concerns raised (except the signal coordination issue) at an additional cost of approximately $4 million. WSDOT staff and consultants will be presenting more detailed information about the alternative analysis for this intersection. OPTIONS: 1. Approve Alternative C for the configuration of the S-bound off-ramp from 1-5 to Enchanted Parkway S. 2. Approve the staff recommendation for Alternative F, as modified. 3. Provide direction to consider a different alternative. STAFF RECOMMENDATION: Staff recommends forwarding Option 2 to the April 18, 2006 City Council Consent Agenda for approval: Approve the staff recommendation for Alternative F, modified to allow two-way traffic on S 356tb Street between Enchanted Parkway and the 1-5 southbound off-ramp. COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the April.18, 2006 City Council Consent Agenda. cc: Project File Day File ------ I I 0000 "'C "'C m r Z Z ::T ::T X CD CD CD D) D) - Dl en en CD < ::E ::E (I) (I) :J CD :E 0 a. N ..... -I m a: ~ x , :J'" W' CD JJ -.. =: -.. Dl a. :J CD 3 en (Q -.. JJ a: "'0 :J (Q -L - CD Q) CD -.. -L (J) en CD (') CD - r O' Dl :J :J () CD 0 - :J 0 - W cO' 01 c: Q) -.. Dl - - :J'" O' :J , .. 1I '" ..iJ"" 'l ,'< ____ ___ ___ _n _ _ __ ______ _______ MEETING DATE: April 18, 2006 ITEM# 5-g -~_.- .-. CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Accept IAC/L WCF Grant for West Hylebos Park Boardwalk CATEGORY: BUDGET IMP ACT: ~ CONSENT o ORDINANCE Amount Budgeted: $ 0 RESOLUTION o PUBUC HEARING Expenditure Amt.: $ 0 CITY COUNcn.. BUSINESS o OTHER Contingency Req'd: $ - ATTACHMENTS: Committee action form dated April 3, 2006; Accept IAClLWCF Grant for West Hylebos Park Boardwalk SUMMARYIBACKGROUND: The Parks, Recreation and Cultural Services Department applied for a grant for the replacement of the existing boardwalk at West Hylebos Wetlands Park. The project was selected for funding. The amount of grant is $250,000. The funding will contribute $250,000 towards the design and construction of the West Hylebos Boardwalk. :ITY COUNcn.. COMMITTEE RECOMMENDATION: Move to authorize an LWCF Project Agreement with the IAC for funding assistance from the Land and Water Conservation Fund in the amount of $250,000 for design and construction of the West Hylebos Wetlands Boardwalk, and place this item before full Council on April 18, 2006. PROPOSED MOTION: "I move to ap- rove to accept IAC/LWCF Grant for West Hylebos Park Boardwalk as presented." CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNcn.. ACTION: 0 APPROVED COUNcn.. BILL # 0 DENIED 1 ST reading 0 TABLEDIDEFERREDINO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05110/2001 - ------------ ---------- -------- 5.L CITY OF FEDERAL "'AY CITY COUNCIL COMMITTEE STAFF REPORT DATE: April 3) 2006 TO: Parks) Recreation & Public Safety committe~ VIA: Donna Hanson) Acting Interim City Managel FROM: B Sanders, Park Planning & Development Coordinator ~ SUBJECT: Accept IACfLWCF Grant for West HyJebos Park Boardwalk l)oJicy Question Should the Council authorize the lntelim City Manager to enter into an agreement with the Interagency Committee for Outdoor Recreation (lAC) to accept a Land and Water Conservation Fund (LWCF) grant that will contribute $250)000 toward the replacement of the Boardwalk at West Hylebos Wetlands Park? Uack1?:round The Parks) Recreation and Cultural Services Department applied for a grant for the replacement of the existing boardwalk at West Hylebos Wetlands Park in 2005. The project was ranked 4th out of] 8 projects submitted) and has been selected for funding. The next step in the grant process is to fOlmalize the L WCF Project Agreement by allowing the Interim City Manager to sign the agreement. Options l. Authorize an LWCF Project Agreement with the lAC for funding assistance from the Land and Water Conservation Fund in the anlount of$250)000 for design and construction of the West Hylebos Wetlands Boardwalk. 2. Do not authorize the LWCF Project Agreement for funding from lAC. Staff recommendation Staff recommends Council authorize the LWCF Project Agreement with lAC for funding assistance and recommends placing this item before the full Council on April] 8, 2006. Committee recommendation Forward option --L to the full City Council for approval on April 18) 2006. 1 ,. C.-I --------- MEETING DATE: April 18, 2006 ITEM# 5-h ~--_.._.... -_. .---- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: SW 356th Regional Detention Facility Concerns - Owen Property ---~.... _. CATEGORY: BUDGET IMPACT: [81 CONSENT 0 ORDINANCE Amount Budgeted: $ 0 RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS o OTHER Contingency Req'd: $ ___....8___..____...__ _8___ A IT ACHMENTS: Memorandum to the Land Use and Transportation Committee dated April 17th, 2006. - --, - SUMMARYIBACKGROUND: At its regular meeting on April 17th, 2006, staff recapped for the Land Use and Transportation Committee the report provided at the April 4th Council meeting. The report included history of contact between M,rs. Owen and the City, an evaluation of the problem, and alternatives to resolve the private property drainage problem. As noted at the Land Use and Transportation Committee meeting, the problem is primarily a private drainage problem and as a result the City would not typically spend public funds to solve a private property drainage problem such as this. The policy is in place to guard against the gift of public funds and taking on liability that otherwise the City would lot have. Staff provided the Committee with three options to consider for moving forward. ____.8 - CITY COUNCIL COMMITTEE RECOMMENDATION: The Land Use and Transportation Committee will consider this topic at its regular meeting on April 17th, 2006. Staff will present the Committee's recommendation to the full City Council on April 18th, 2006. _._....__.._._____.8_. .- - - PROPOSED MOTION: "I move to goptirm " CITY MANAGER APPROVAL: . - .~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACfION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 TABLEDIDEFERREDINO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # tEVISED - 0511012001 ---.-- CITY OF FEDERAL WAY MEMORANDUM DATE: April 17th, 2006 TO: Land Use and Transportation commi~ VIA: Derek Matheson, Interim City Manage FROM: Cary M. Roe, P.E., Public Works Director W- Paul Bucich, P.E., Surface Water Manag~ SUBJECT: SW 356th Regional Detention Facility Concerns - Owen Property POLICY QUESTION: Should the Council direct staff to perform work on private property to resolve a private drainage problem? BACKGROUND: On March 21 st 2006, Mrs. Owen attended the regularly scheduled City Council meeting and spoke during the Citizen Comment portion of the meeting regarding a drainage problem she has been dealing with for the last ten years or more. In response to Mrs. Owen, the Council requested that the Public Works department provide a report regarding the problem at the April 4th 2006 City Council meeting. At the April 4th 2006 City Council meeting, during the emerging issues portion of the meeting, Public Works Director Roe provided the Council with the following report; . Over the last five (5) years SWM staff have met with Mrs. Owen on at least three, if not four, different occasions to address her drainage concerns. . As a result of these meetings, it was determined that the problem was primarily a private drainage issue involving a pond/wetland behind Mrs. Owen's home and a driveway catch basin connected to the pond/wetland. . The water surface elevation in the pond/wetland rises during the winter months due to rainfall. When this occurs the pipe connected to the driveway catch basin and pond/wetland flows in a reverse direction than it was intended to, thus introducing water from the pond/wetland to the driveway catch basin and causing flooding in the driveway area. . The flooding in the driveway would then approach the finished floor elevation of the daylight basement. SU2:2:ested Alternatives: In an effort to gain an independent evaluation of the problem, on March 28th 2006, Paul Bucich, SWM Manager, and Public Works Director Roe met with Mrs. Owen on-site. After walking the property and discussing the problem with Mrs. Owen we identified four potential alternatives that could be implemented to solve the drainage problem. Several of the alternatives had been suggested to Mrs. Owen during past visits and discussions. 1. Slightly raise the berm between the pond/wetland and the residence. 2. Install a larger catch basin in the driveway near the home to better accommodate a sump pump and direct discharge from the pump to the pond/wetland. 3. Install a pipe plug in the existing four inch pipe connecting the catch basin in the driveway to the pond/wetland, thus preventing water from the pond/wetland from flowing in a reverse direction. 4. Regularly maintain the natural pond/wetland outlet channel to allow water to overflow to the existing storm drainage pipe stubbed out in conjunction with the SW 356th Street project constructed in 1992. April 17th, 2006 Land Use and Transportation Conunittee SW 356th Regional Detention Facility Concerns - ,Owen Property Page 2 As noted earlier in this memorandum, the problem is primarily a private drainage problem and as a result the City would not typically spend public funds to solve a private property drainage problem such as this. The policy is in place to guard against the gift of public funds and taking on liability that otherwise the City would not have. The approximate costs to implement suggested alternatives 2 & 3 would be $1500 to $2000. Follow Uo: In a phone conversation with Mrs. Owen on April 11, 2006, I conftrmed that she had hired several individuals. to reestablish the natural pond/wetland outlet channel by hand with coordination and cooperation with her neighbor to the east, Mr. Kenny. In addition, Mrs. Owen indicated that she would prefer to take a measured approach and not necessarily implement all of the suggested alternatives, but would be supportive of the installation of the larger catch basin and having an adequate pipe plug on hand. She also stated she would be OK with city crews installing the larger catch basin and providing the pipe plug. OPTIONS: 1. Direct staffto perform work on private property to resolve a private drainage problem. 2. Do not direct staff to perform work on private property to resolve a private drainage problem. Direct staff to continue to provide technical expertise to property owner on problem resolution. 3. Provide other direction to staff. STAFF RECOMMENDATION: Staff is seeking direction from the Committee on how to proceed on implementing the suggested alternatives. COMMITTEE RECOMMENDATION: Forward Option _ to the April 18th, 2006, City Council Consent Agenda. cc: Project File Day File ------ MEETING DATE: April 18, 2006 ITEM# 6-a _......._...~.........._......_......___....H....._._..._..._.._._._.._..........__...__..___..........._........__.__._._....m_. .._..~....._......__._.._..._ ..._........_......__........._....m_.._._~..._........._...._..~..._....._._.._...._ m............._........_........_ ................m.......m_....~._...._..__.....__._......._..._.._...___.._~.._...___._____._._.__....._.. ...._._........_.__._ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: King County Library in the City Center CATEGORY: BUDGET IMP ACT: CONSENT ORDINANCE Amount Budgeted: $0 RESOLUTION PUBLIC HEARING Expenditure Amt.: $0 X CITY COUNCIL BUSINESS OTHER Contingency Req'd: $0 ..--...-..-.-.....-.--.-.-.---.--------...-......-......-..-..---.--.............--...-.--.....-...-....-...........-...--..-.-....-..-.-.-.....-.--.....--.......-.-......-......-.....-........-...-..-.........-.............----.....-.......-.........-.-....--.-.--..........-.---..-.--...-..-...-----.---..----.........--....-.... ATTACHMENTS: Copy ofPowerpoint presentation shown to City Council on 4/4/2006, copy of letter from Mayor McColgan to King County Library -.-.--.-...--.........--.....-.--------....-.....-...-.-...-....-...-..-.-...--...--.-...-...-.....-...-.........-.--....--...........-.-..-.-......--.....----...-............-..-....-.-...-..---....--......--.--......-.....-..........-.....-..-...-..-.....-.-........-.-.....--..--.--....-...-.-...-.----..-..---....--.--.--.----.--....... SUMMARYIBACKGROUND: In 2004 the King County Library System (KCLS) Director visited a FEDRAC meeting to provide background about the then-upcoming library bond levy. In that discussion he indicated that the 320th St. library would be redeveloped, ifthe bond were approved. He also expressed interest in the City's plans and vision for the City Center and what, if any role, the Library might play in a redeveloping City Center. FEDRAC members indicated that they would welcome KCLS consideration of a City Center location in addition to redevelopment at the current site. After passage of the bond levy, KCLS and City staff got together to follow up on KCLS's redevelopment plans, including the potential of a different, City Center location. In these discussions, the Sound Transit TOD sites (particularly the larger, eastern site) were mentioned as available candidates for a City Center option. City staff offered to bring the parties together to discuss this option further. By Summer 2005 Sound Transit, KCLS and City staff had met to discuss the opportunities and constraints of the eastern TOD site as a potential location for the Library. In October of 2005 KCLS held a community meeting at the 320th Library, attended by approximately 20 people, the vast majority of whom expressed opposition to any move from that site. Also in October 2005 the KCLS Board met, at which time City staff presented a letter from Mayor McColgan expressing the City's support and encouragement for consideration of a potential move to the Sound Transit TOD site, citing the Comprehensive Plan vision that includes civic buildings such as libraries, museums, performing arts venues, etc. The Board directed KCLS staffto continue to work with Sound Transit in exploring this option. Since that time an increasing amount of public opposition to moving the 320th Library has been expressed at both KCLS Board meetings, City Council meetings and in the press. On April 12, 2006 KCLS is scheduled to host a facilitated public meeting regarding site selection for the 320th Library. A summary of the proceedings of that meeting will be available by the date of the 4/18/06 City Council meeting. --- - - ----------.----- PROPOSAL The following options are available with regard to providing an offtcial response to KCLS regarding redevelopment ofthe 320th Library: 1. Direct staffto prepare a letter for the Mayor's signature, declaring continued support and encouragement to KCLS in its consideration of the Sound Transit TOD site, citing supporting rationale such as the Comprehensive Plan vision that encourages a full range of uses in the City Center, including civic buildings such as libraries, as well as encouragement of transit-oriented development; 2. Direct staff to prepare a letter for the Mayor's signature, declaring support for redevelopment of the 320th Library at its existing site, citing supporting rationale such as the apparent public support for that option; 3. Take no action. CITY COUNCIL COMMITTEE RECOMMENDATION: Nt A ......_----_.__.._-_.__..__...._--~--_._._----_.._-_..--------.--------.----.---....-.---...----...--.--------...-...---...-.-...--,.--..-.---..---..-.-------.-.--_. PROPOSED MOTION: "I move ave Option " ~~;;~-;;;R~-;;:;"~-:I_~ di!--------~----- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 TABLED/DEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 04/28/2003 4,200(t -- In 2004, prior to Library bond levy, Library staff met with Council FEDRAC: .,. Shared info about upcoming bond, including redevelopment of 320'" facility '" Inquired about City's \ ision for the surrounding area, including City Center and whether'hOlV library might be included '" Committee remarked that if a new location is an optio:J, they would welcome City qntcr encourage eonsideratiol1 orthat optiol1 In 2005, after bond passed, Library and City staff reconnected to discuss the redevelopment options in more detail: Di5-CLlSsion of c\isting sik' l\::dc\ clopmcnt i~~llI.'S Di::-cuSSIOll (Jfpott'lltial 1\:locallon to C"ity C('nti.'1 Staffresponde,j that the Sound I '8nm TUIl site \\oukl hi..' cuming 3\'aibb1c and llli:.;ht h: good :-:itc ({)r eit;. (\.'11ti.:'r optlO!l Staft' offered to brin~ pJ.nll.'~ t!l:;ctl1cr In regular, on-going meetings with Sound Transit. staffindieated that Library might be interested in TOD site. ,. Sound Transit and eit\ stalTmct 10 discuss mulual objccti\-cs in dc\\.~l(\ping Ton sit".. Staffmcnti(llltd th::11 City prdlT('11Cl' i:-; for mi.\cd-u<.;l' de\elopm~nL \\"ith full l"Jnge ot' llSl'Y: lihrJry or other "Cl\ ic'~ uses meet Comp Pbll iJl'ljcctl\ CS l' Sound Transit c\prcsscd intcrc~t in r ibrary bCC:Hl~C of ib potential to cater to transit ll"i.:'l'S ~tnd crl..'alc tr:':'l11Sil demand Summer 2005 Sound Transit hosted a meeting with City staff and Library staff to discuss the option: 1)> Mutual objectiles II ere discussed 4> Parking issues were disrussed 4> :'vlixed-use codel'e!opl11ent was discussed. including RFP mechanisms, who ,,'ould take lead. etc. -1' , October 2005 - Community meeting held at 320[1> Library, About 20 people attended. all but two expressing opposition to a relocation option, Summary of Discussions between . KCL, City & Sound Transit IIlI OGt!)o~r 2005 - ring County Lion!!y Bomd m~t & h~md from Lion!!y ~md City 8t~dI City 8t2ff :pr~8~Ilt~d htt~r from FW MHYor ~xpr~88iIlg "8Up:port HIld ~IlG(JUrHg~m~nt (for) [;(Jmid~mtion of:p(Jt~I1ti21 d~v~lupm~nt of H Il~ w librmy" ~rt th~ TOD 8it~, sitUlg Comp Phn :polisi~8 tImt ~nvi8ioIl fun mix of m~8 induding Givis !J8~8 8ush H8 1iOrHri~8. King County Library Board to hold Open House in Council Chambers from 6:30 to 8:00 pm, Wednesday April 12. 2006 King County Library Board anticipates reviewing all info and community responses for continued consideration at April 25, 2006 meeting, Decision possible then or at future meeting, .. A Federal Way CITY HALL 33325 8th Avenue South · PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffedera/way.com October 17,2005 Bill Ptacek Director King County Library System 960 Newport Way NW Issaquah, W A 98027 Subject: Federal Way Library and Sound Transit site Dear Mr. Ptacek: On behalf ofthe City of Federal Way I would like to offer the City's support:and encouragement to your consideration of potential development of anew library at the Sound Transit site in our City Center. As you may know, ten years ago the City of Federal Way adopted a vision for our City Center that contemplates a more intensively developed, full-service, multistory, mixed- use, pedestrian-friendly and transit-oriented downtown that includes a wide range of uses to serve as the community's commercial, cultural and social hub. Fitting squarely among the kinds of uses we envision for our City Center are such cultural and educational institutions as libraries, museums, performing arts venues, etc. For these reasons, the prospect of having a new King County Library as a component of our redeveloping City Center is very appealing to us as it would constitute one of the many pieces that we believe are necessary to achieve our City Center vision. The Sound Transit site offers a unique opportunity to co-locate a library at what will become the City's principal transit hub, with thousands of transit-riders coming and going all day from early morning till late evening. We believe that these transit-riders could constitute a potentially great new source of customer base for the library and serve to encourage transit ridership, as well. In addition, we believe that the Sound Transit site is a natural location for codevelopment with other transit-oriented uses, such as housing or offices. The City has already fielded inquiries from developers about the potential of building housing on that site, so we believe that the Library would see success in marketing the air rights above a ground- floor library for midrise codevelopment. .. .. " Letter to Bill Ptacek Page 2 of2 Lastly, I want to thank you for the outreach efforts that you have undertaken to engage community input into this potential move. It is always important to allow community involvement to help shape the outcome of important decisions such as this. Ifthere is any way that I, or our City staff, can be of further assistance to you in working through the issues associated with this important decision, please do not hesitate to ask. Sincerely, /'-) / / /'1 ~ ;tff'" r vr _.,F1'~ t/>'-<jcv---. Dean McColgan, . Mayor