The URL can be used to link to this page

Council PKT 09-19-2006 __ u______ ------ ---- ~~ Federal Way City Council Meeting AGENDA COUNCILMEMBERS Mike Park, Mayor Jeanne Burbidge Jim Ferrell Jack Dovey Linda Kachmar Eric Faison Dean McColgan CITY MANAGER Neal Beets, City Manager OFFICE OF THE CITY CLERK September 19, 2006 - Regular Meeting ~-- AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall September 19, 2006 - 7:00 PM (www. cityoffederalway. com) ***** 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENT A TIONS a. Swearing-in Ceremony for Police Commanders & Lieutenants b. Proclamation: "Constitution Week" c. Proclamation: "Mayor's Day of Concern for the Hungry" d. Recognition: Consul General Chanho K won and the Contributions of the Korean-American Community RECESS: Honoring Consul General Chanho Kwon e. City Manager ~ Introduction of New Employees f. City Manager - Emerging Issues 4. CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens {fiay address City Council at this time. When recognized by the Mayor, please come forward to the podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed belaw have been previausly reviewed by a CauncilCammittee af three members and brought before full Cauncil far appraval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussian and subsequent motion. a. Minutes: Approval of the August 21,2006 Special Meeting and the September 5,2006 RegularMeeting b. ENACTMENT ORDINANCE: Council Bill # 412: Placing a Proposition Authorizing the City to Levy a Utility Tax on the November 7,2006 Ballot c. ENACTMENT ORDINANCE: Council Bill #413: Cottage Housing Code Amendments d. Purchase of Three Additional Itronix Laptop Computers for Marked Police Patrol Fleet e. Washington Traffic Safety Commission Grant - Advanced Collision Investigation Training f. Acceptance of Donation to Purchase K-9 Ballistic Vest for Federal Way Public Safety Department's Generalist K-9 g. Acceptance of Grant Funding for Transportation Improvement Project h.. S 356111 Street at SR 99 Intersection Improvements Project - 85% Design Status Report 1. 2006 Asphalt Overlay Project - Project Acceptance J. Resolution: Cottages at Hoyt Road - Final Plat I ~' I 6. COUNCIL BUSINESS a. Committee Appointments for Pro/Con Statements 1. Resolution: Committee Appointments for Pro Statement for November 7,2006 Ballot Measure 2. Resolution: Committee Appointments for Con Statement for November 7, 2006 Ballot Measure 7. CITY COUNCIL REPORTS 8. CITY MANAGER REPORT 9. EXECUTIVE SESSION a. Property Acquisition Pursuant to RCW 42.30.110(1)(b) b. Potential Litigation Pursuant to R WC 42.30.110(1 )(i) 10. ADJOURNMENT ** THE COUNClL MA Y ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** THE COMPLETE AGENDA PACKET IS A V AILABLE FOR REVIEW AT CITY HALL AND ALSO ON THE CITY'S WEBSITE I -------------- ----~ ~ ----~---- r 3-b PROCLAMATION "CONSTITUTION WEEK" WHEREAS, September 17, 2006, marks the two hundred eighty-first anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week; I NOW, THEREFORE, we, the undersigned Councilmembers of the City of Federal Way, Washington, do hereby proclaim the week of September 17 through 23 as I "CONSTITUTION WEEK" in the City of Federal Way, and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting thefreedoms I guaranteed to us through this guardian of our liberties. remembering that lost rights may I never be regained. I SIGNED this 19 day of September. 2006. CITY OF FEDERAL WAY . Mike Park, Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Linda Kochmar, Councilmember Jack Dovey, Councilmember Dean McColgan, Councilmember Eric Faison, Councilmember .. ~- - ----- , #. 3-c PROCLAMATION DAYOFCONCERN FOR THE HUNGRY WHEREAS, the City of Federal Way recognizes adequate nutrition as a basic goal for each citizen; and WHEREAS, no parent should have to send a child to school hungry, no baby should be without the comfort of the feedings needed for mental and physical growth, no elderly person's health should be jeopardized by lack of appropriate foods; and WHEREAS, food banks, emergency and hot meal programs, working with the City of Federal Way, local churches, social service agencies, and hundreds of volunteers striving day in and day out to stem the tide of hunger, but still need more help; and WHEREAS, we believe that when the citizens who are not involved hear of the especially desperate needs of the hungry as winter approaches, and their low incomes must stretch to cover increasing fuel, electricity and rental costs-leaving even less money for monthly food purchase, an outpouring of community assistance will follow; and WHEREAS, the Emergency Feeding Program coordinates an annual food drive to help support the efforts of their program and the area's food banks in fighting hunger, which will be held at grocery stores throughout King County on Saturday, September 30. 2006; NOW, THEREFORE, we, the undersigned Councilmembers of the City of Federal Way, Washington, do hereby proclaim September 30, 2006, as "DA Y OF CONCERN FOR THE HUNGRY" in the City of Federal Way, and strongly urge our citizens to join the Emergency Feeding Program and our food banks to nourish those who are hungry. SIGNED this 19'h day of September, 2006. CITY OF FEDERAL WA Y Mike Park, Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Jack Dovey, Councilmember Eric Faison, Councilmember Linda Kochmar, Councilmember Dean McColgan, Councilmember . 1 3-d RECOGNITION WHEREAS, the Korean-American community is vibrant and strong, with more than 1.3 million people living in this country and over 50,000 Korean-Americans living in King County; and WHEREAS, the Republic of Korea and the United States have maintained strong economic and cultural ties through time of peace and times of war; and WHEREAS, Consul General Chanho Kwon serves a vital role in strengthening the relationship between the Republic of Korea and the Puget Sound region ;and WHEREAS, the Han Woo Ri Festival in the City of Federal Way celebrates and promotes Korean cultural pride throughout King County; and WHEREAS, Korean Americans have established strong networks l/l their communities and continue to contribute through professional and business associations, service organizations, and churches; NOW, THEREFORE, we, the undersigned Councilmembers of the City of Federal Way, Washington, recognize CONSUL GENERAL CHANHO KWON and the contributions of the KOREAN- AMERICAN COMMUNITY and encourage all citizens to acknowledge the accomplishments of our Korean community and support Consul General Chanho Kwon as he continues to build bridges between the Republic of Korea and the United States SIGNED this 19th day of September, 2006. CITY OF FEDERAL WAY Mike Park, Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Jack Dovey, Councilmember Eric Faison, Councilmember Linda Kochmar, Councilmember Dean McColgan, Councilmember ~--- COUNCIL MEETING DATE: September 19,2006 ITEM #: 5-a ......- ............-........-..................- .................................................. ........................................................ ...............-............................... .. .. .... ........................ ..... .........--.....-.--..----- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should Council approve the draft minutes of the August 21, 2006 Special Meeting and the September 5, 2006 Regular Meeting? COMMITTEE: Not Applicable MEETING DATE: Not Applicable CATEGORY: ~ Consent D Ordinance D Public Hearing D City Council Business D Resolution D Other STAFF REpORT By: Not Applicable DEPT:NotApplicable ..........-...................-.............. ................................ ....... ....................... ... .........-.. ................. . ....................................-. ........................ .................................._-_.......__.........~............................- .............-................... ................- ............................. ..............---........-....... ..........-..-...-........... Attachments: Draft meeting minutes of the August 21, 2006 Special and September 5 Regular Meetings. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. ......... .....-.....- ....................-............- ............. .............. ......... ............................................. ..........................- ................................................._......... ....................-.....................- ................................................ . .................._............-......... .......-.................................._........ STAFF RECOMMENDATION: Staff recommends approving the minutes as presented, CITY MANAGER APPROVAL: N/A -@- DIRECTOR ApPROVAL: N/A N/A Committee Committee Council COMMITTEE RECOMMENDATION: Not Applicable PROPOSED COUNCIL MOTION: "1 move approval of the meeting minutes of the August 21,2006 Special and September 5 Regular Meeting, (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: . 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 TABLEDIDEFERREDINO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # -~ ----- ----------------- ----------- -- FEDERAL WAY CITY COUNCIL Lakota Conference Room - City Hall Monday, August 21, 2006 Special Meeting 8:30 PM or Immediately Following Land Use Transportation Committee (www.cityoffederalway.com) MINUTES/SUMMARY ****** I. CALL MEETING TO ORDER Mayor Park called the meeting to order at 6:35 PM. Councilmembers Burbidge, Dovey, Kochmar and McColgan present. Councilmember Faison and Deputy Mayor Ferrell were excused. II. EXECUTIVE SESSION: Executive Session pursuant to RCW 42.30.110(1 )(i) to discuss Potential Litigation. No action taken. III. ADJOURNMENT Mayor Park adjourned the meeting at 7:10 PM, ATTEST: Laura Hathaway, City Clerk Approved by Council on: _ ----- - ------ CITY COUNCIL REGULAR MEETING City Council Chambers, City Hall September 5, 2006 - 7:00 PM MINUTES (www.cityoffederalway.com) ***** 1. CALL MEETING TO ORDER Mayor Park called the Regular Meeting to order at 7:07 PM. Councilmembers Burbidge, Dovey, Faison, Kochmar, McColgan, Deputy Mayor Ferrell and Mayor Park present. 2. PLEDGE OF ALLEGIANCE - Led by Councilmember Faison 3. PRESENTATIONS a. Proclamation: "Kids Day Americallnternational™'' - Councilmember Kochmar presented the Proclamation to Dr. Steven Ball. b. Swearing-in Ceremony for Interim Deputy Police Chief Andy Hwang - Judge Michael Morgan presided over the swearing-in ceremony oflnterim Deputy Police Chief Andy Hwang. c. Certificates of Appointment Diversity Commission - Councilmember Burbidge announced the appointment of Rhona Ray to the Diversity Commission; Ms. Ray was unable to attend the meeting to receive her certificate of appointment d. Certificates of Appointment for Lodging Tax Advisory Committee - Mayor Park presented Certificates of Appointment to the Lodging Tax Advisory Committee to Adina Lake and Joann Piquette. Gerry Lamontagne was unable to attend. e. Certificates of Appointment for Youth Commission - Councilmember Burbidge presented Certificates of Appoint to the Youth Commission to Sarah Kirsch, Caroline Lee, Hayley Johnson and Lyndsey Wilson. Kiley Martin, Allison Palambarit, Alleah Pac and Jashmin Park were unable to attend. f. City Manager - Introduction of New Employees - City Manager Beets announced Darius Aldridge as the newest member of the Public Safety Department. Mr. Aldridge was unable to attend. g. City Manager - Emerging Issues - None 4. CITIZEN COMMENT Paulette Weisinger - Spoke regarding the upcoming Autumn GatheringlWorld Music Festival at the Federal Way Commons on September 10,2006 in honor of the victims of9/11. 5. CONSENT AGENDA a. Minutes: Approval of the August 1, 2006 Special & Regular Meetings - Approved b. Vouchers - Approved c. July 2006 Monthly Financial Report - Approved d. ENACTMENT ORDINANCE: Council Bill # 411 : Diversity Commission Residency Requirement - Approved/Assigned Ordinance # 06-531 -- e. RESOLUTION: Setting the Public Hearing Date for the Street Vacation of Campus Highlands Division 1, 3 and 5 - Pulled for discussion and clarification of process f. Amendments to the Council Rules to Allow Public Use of City Equipment during the Public Comment Portion of the City Council Meetings - Approved g. 2007-2008 Community Development Block Grant Program - Pulled h. 21 sl Ave SW Extension (SW 3561h St to 22nd Ave SW) Improvement Project -100% Design Status Report - Approved 1. S. 320 St. at 1 st Ave S Intersection Improvements Project -100% Design Status Report - Pulled for discussion J. 2006-2007 Commute Trip Reduction Area Flexpass for City Hall - Approved k. Purchase of Software and Hardware to Support Membership Enrollment at the New Community Center - Approved 1. 2007 Arterial Street Landscape Maintenance Services - Authorization to Bid - Approved m. 2007 Street Sweeping Services - Authorization to Bid- Approved n. Pacific Highway South Northbound Left -turn Lanes at 3l61h Street - Bid A ward- Approved o. Lakota Creek East Branch Restoration Improvement - Final Acceptance- Approved p. A ward of Contract for RFB 06-110 Slope Mower Bid - Approved q. Lake Jeane Outlet Improvement Project - 50% Design Approval- Approved MOTION: Councilmember McColgan moved approval of Consent Items a, b, c, d, f, h,j, k, I, m, n, 0, p and q, Deputy Mayor Ferrell second. The motion carried 7-0. Consent Item e: RESOLUTION: Setting the Public Hearing Date for the Street Vacation of Campus Highlands Division 1, 3 and 5. Councilmember Burbidge pulled this item to clarifY the process for the street vacation. City Manager Neal Beets stated that all property owners within 300 feet ofthe area to be vacated will be notified in writing in addition to the regular public notice requirements. It was also clarified that this Resolution simply sets the date for the Public Hearing. MOTION: Councilmember Dovey moved approval the Resolution Setting the Public Hearing Date for the Street Vacation of Campus Highlands Division 1, 3 and 5. Councilmember McColgan second. The motion carried 7-0. Assigned Resolution #-06-482. Consent Item 2: 2007-2008 Community Development Block Grant Program Deputy Mayor Ferrell and Councilmembers Burbidge and McColgan recused themselves as they are current board members, or have been board members of organizations which have received grant money from the Community Development Block Grant Program. M OTIO N: Councilmember Kochmar moved approval of the 2007-2008 Community Development Block Grant Program. Councilmember Faison second. Motion passed 4-0 (Councilmembers Burbidge, McColgan and Deputy Mayor Ferrell recused). Consent Item i: S 320 Street at 1 st A venue S Intersection Improvements Project -100% Design Status Report MOTION: Councilmember Faison expressed concerns with this item and stated he is pleased to see that the Land Use Transportation Committee wants the project put on hold. He asked that there be a reprioritization of - -------- ----- funds and moved the item be sent back to the Land Use Transportation Committee. Councilmember Dovey second. Motion carried 7-0. 6. PUBLIC HEARING a. A Proposition to Authorize the City to Levy a Utility Tax for Police and Community Safety on the November 7 Ballot Mayor Park opened the Public Hearing at 7:32 PM and read a brief introduction as to how the Public Hearing would be conducted. . Staff Report: City Manager Neal Beets stated that staff has used the last month to meet with various community groups and organizations informing them of this proposition and the City's need for the increase. Mr. Beets stated the City will continue these meetings in the coming weeks. Interim Police Chief Brian Wilson reviewed the core functions of the Police Department and the need to enhance personnel to handle those functions as well as support personnel. The proposition would support an additional 18 officers divided up as follows: 10 patrol officers; 4 traffic officers and 4 detectives. It also asks for 1 records specialist; 1.8 personnel in the information technology division to support the 18 officers and would also cover other areas of public safety support including the addition of a .5 judge, 1.5 prosecutors and 1 municipal clerk. Mr. Wilson went on to explain that other areas of Public Safety include code enforcement and park security. Therefore, the proposition, if approved, would also fund code enforcement personnel, a park maintenance worker and contract security for the City's parks. Management Services Director Iwen Wang reviewed the proposed funding source: a 1.75% increase in the utility tax which will equate to approximately $73.00 a year for a single-family household and $88.00 for a 2000 square foot business. This increase would generate $2.45 million which will fund the public safety/quality of life issues the public safety division needs. Ms. Wang stated that staff and Council looked at other revenue sources to fund the budget gap and there were two options: a Utility Tax Increase or a Property Tax LID Lift. Ms. Wang stressed that a Property Tax LID Lift would be the more expensive of the two for property owners. . Public Comment: Dini Duclos - spoke in support of the Utility Tax increase both as a property owner and as an employee of a business located in the City. Matthew Jarvis - spoke with mixed feelings regarding the proposed increase stating that although he sees the need to increase the Public/Community Safety division he feels there are areas, such as the arts or city events, which could be cut to fund the public safety program. Chuck Duffy - spoke in support of the utility tax increase and stated other programs should not come at the expense of public safety. He felt other programs had been cut enough. Councilmember Kochmar asked if the City could include the disabled and low income in the Utility Tax Rebate Program. Ms. Wang stated that yes that is possible as long as the ordinance was amended. Councilmember Kochmar stated that she believes it would be fair and that doing away with arts programs and community events would make Federal Way a sad community in which to live. -- - ---- ---------- Councilmember McColgan stated that 60% of the operating budget goes toward public safety and its related activities and believes there is no other way to make the impacts the City needs to make. The City Clerk read the Ordinance Title into the record: Council Bill #412 - Ordinance Placing a Proposition Authorizing the City to Levy a Utility Tax on the November 7,2006 Ballot AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY AT A GENERAL ELECTION TO BE HELD ON NOVEMBER 7, 2006 FOR A PROPOSITION AUTHORIZING THE CITY TO LEVY A UTILTY TAX FOR THE PURPOSE OF PROVIDING ENHANCED POLICE AND COMMUNITY SAFETY. MOTION: Councilmember Kachmar moved the Ordinance forward to second reading/enactment on the September 19, 2006 Council agenda. Councilmember Dovey second. The motion carried 7-0. Mayor Park closed the Public Hearing at 8:15 PM. b. Resolution Surplusing and Authorizing Sale of Coronado Tract B to Lakehaven Utility District Mayor Park opened the Public Hearing at 8: 16PM and read a brief introduction as to how the Public Hearing would be conducted. . Staff Report Parks Director Donna Hansen explained that Tract B is located across the street from Coronado Park and is not part of the City's Capital Improvement Plan. She stated the property is undevelopable and is costing the City money in maintenance. . Public Comment H. David Kaplan - asked what will be done with the proceeds from the sale and could the money go towards the purchase of the Camp Kilworth site. Ms. Hansen stated yes, the proceeds could be used to purchase other park property, including Camp Kilworth. Councilmember McColgan asked if the proceeds of the sale could be used for park enhancements. Ms. Hanson stated no, they could only be used to obtain park property, not to improve existing parks. Councilmember Kochmar stated she would recuse herself from the vote as she is an employee with the Lakehaven Utility district. Councilmember Dovey inquired about the value of the property. Ms. Hansen responded the property was appraised at $43,000. . Resolution Consideration MOTION: Councilmember Dovey moved approval of the Resolution declaring Tract B of Coronado Park Surplus and Authorizing the Sale to Lakehaven Utility District. CQuncilmember Faison second. The motion passed 6-0 (Councilmember Kochmar recused). Assigned Resolution # 06-483 Mayor Park closed the Public Hearing at 8:24 PM. ------- --- -- --- ---- 7. INTRODUCTION ORDINANCES a. Council Bill #413 - Cottage Housing Code Amendments AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING A SELECTION PROCESS FOR COTTAGE HOUSING DEMONSTRATION PROJECTS, ESTABLISHING A MAXIMUM OF FOUR DEMONSTRATION PROJECTS AND ESTABLISHING ZONING REGULATIONS CONSISTING OF A NEW ARTICLE OF THE ZONING CODE, TITLED "COTTAGE AND COMPACT SINGLE F AMIL Y HOUSING" AND AMENDING FEDERAL WAY CITY CODE (FWCC) ARTICLE I, SECTION 22-1 TO ADD A DEFINITION OF 'COTTAGE HOUSING DEVELOPMENT', AND ARTICLE XI, SECTION 22-631, AND 22-666 TO ALLOW COTTAGE HOUSING IN THE RS 7.2, RS 5.0 AND RM ZONING CLASSIFICATIONS (AMENDING ORDINANCE NOS. 90-43, 90-51, 91-87, 91-92, 91-100, 91-105, 91-113, 93-170,94-223, 95-245,96-269,96-270,97-295,97-296,97-300, 97-307, 99-337, 99-348, 99-353, 99-357, 00-363, 01-385, 02-424,03-443,04-457,04-468). MOTION: Counci1member Dovey moved the Ordinance forward for second reading/enactment on the September 19, 2006 Council agenda. Deputy Mayor Ferrell second. Discussion: Councilmember Kochmar stated she likes this ordinance as it will provide affordable housing. AMENDMENT: Councilmember McColgan moved to amend to the Ordinance to establish two versus four demonstration projects. Councilmember Dovey second. Senior Planner Isaac Conlen spoke to the amendment and stated two demonstration projects will achieve the purpose with fairly minimal impact. VOTE ON AMENDMENT: The amendment carried 7-0. VOTE ON MAIN MOTION: The main motion to forward to the September 19, 2006 Council meeting for enactment carried 7-0. 8. COUNCIL BUSINESS a. Federal Way Community Center Business Plan Acceptance Mary Faber, Recreation and Cultural Services Superintendent, introduced Jill Krantz, Principal of Green Play LLC who reviewed and summarized the business plan. Ms. Krantz stated the plan takes the project from conception to operation and reviewed the fee structure, proposed changes and proposed service hours. Councilmember Dovey asked when staff will start marketing the plan. Ms. Faber answered about six weeks prior to opening. Councilmember Faison asked for clarification regarding the family pass and whether or not the number of children mattered. Ms. Krantz stated it did not; a family is defined as the number, however many, of dependants in the household. Mayor Park asked about the fee structure and whether or not it is competitive with other fitness facilities, Ms. Krantz stated it is not fair to compare it with a fitness center because the Community Center is much more than just a fitness facility. She also stated market the City is recruiting is the family market; fitness centers do not cater to this market. MOTION: Councilmember Burbidge moved approval of the Community Center Business Plan. Councilmember Kochmar second. The motion carried 7-0. - - -- ------- - --- b. Water Resource Inventory Area (WRIA) 9 Interlocal Agreement Councilmember Dovey explained the reason this item came before the full Council without a recommendation from the Land Use Transportation Committee is that while the Committee did not see any projects being directly associated with the City of Federal Way, the City is being asked to contribute $17,851 annually for a nine-year period. Therefore, the Committee felt this issue should come before the Council as a whole. Mr. Bucich explained that the City would be able to terminate the agreement in writing any time during the agreement period. Councilmember Kochmar asked Mr. Bucich if pulling out of the WRIA 9 Agreement would, or could, affect the City's ability to obtain grant funding for surface water management projects. Mr. Bucich replied that yes, terminating the agreement could be an issue if it is shown that the City does not participate in other salmon habitat programs. Councilmember Faison asked if any other cities are considering pulling out of the agreement. Doug Osterman, King County Surface Water Management Representative, responded that the City of Seattle is currently considering the agreement and had some concerns. However, his understanding is that those concerns have been resolved. Mayor Park asked if the City's reputation or standing with other cities would be affected if Federal Way refused to sign the agreement. Mr. Bucich stated that other cities might wonder if Federal Way is a "regional player". Councilmember Burbidge believes the City should move forward and sign the agreement but work toward a project that will benefit the habitat in Federal Way. MOTION: Councilmember Dovey moved authorization for the City Manager to sign the WRIA 9 Interlocal Agreement once King County and the City of Seattle sign, capping the amount paid annually at $17,851.00. Councilmember Kochmar second. Motion carried 7-0. Proposed Settlement A2reements: City Attorney Pat Richardson stated that in each of the following items the City's Insurance Company recommended the settlement, and in each case the settlement would be cheaper than going to trial. c. Proposed Settlement Agreement of Christina Howe v. Federal Way et al. MOTION: Councilmember Dovey moved approval of the settlement agreement. Councilmember Faison second. The motion carried 7-0. d. Proposed Settlement Agreement of Nikki Stivers v. Federal Way et al. MOTION: Councilmember Kachmar moved approval of the settlement agreement. Deputy Mayor Ferrell second. The motion carried 7-0. e. Proposed Settlement Agreement of Marquita Jackson v. Calhoun et al. MOTION: Councilmember McColgan moved approval of the settlement agreement. Councilmember Faison second. The motion carried 7-0. - --- - -- -- 9. CITY COUNCIL REPORTS Councilmember McColgan thanked the volunteers who assisted with Federal Way's Festival Days. Councilmember Faison stated the next Economic Development Committee meeting is scheduled for September 19, 2006 at 5:30 PM. Councilmember Dovey reported the next Land Use Transportation Committee Meeting is scheduled for September 11, 2006. Councilmember Burbidge stated the next Parks, Recreation, Public Safety Committee Meeting is also scheduled for September 11, 2006 and reported the agenda topics. She also announced the Police Department's Town Hall meeting scheduled for September 14, 2006 and other upcoming community events including the Women's Triathlon at Steel Lake Park on September 10, 2006. Councilmember Kochmar stated that in addition to the Triathlon on Sunday September lO, 2006, a Suicide Awareness Walk at will be held at Federal Way Stadium at 1 :00 PM. Councilmember Kochmar went on to report that she would attend the Suburban Cities Policy Issues Committee Meeting on September 6 and the Joint City/Chamber Meeting on September 7,2006. Mayor Park also thanked all participants that made Federal Way's Festival Days a success and reported that members ofthe Korean Community donated $27,000 to fill the gap in funding from the Han Woo Ri Festival; because of this donation the $30,000 that was approved from the City Manager's contingency fund to fill the gap will be repaid. Mayor Park read a letter received along with the donation and stated the parties wished to remain anonymous. 10. CITY MANAGER REPORT City Manager Neal Beets thanked Council, staff, and community members for being so informative and cooperative; stated that the Community Center Construction Manager will be on hand at the September 11, 2006 Parks, Recreation, Public Safety Committee meeting to update the Committee on the construction schedule. Mr. Beets announced the two Executive Session items to be discussed. II. EXECUTIVE SESSION Council convened to Executive Session on 9:27 PM to discuss the following: a. Property Acquisition Pursuant to RCW 42.30.110(1)(b) b. Potential Litigation Pursuant to RCW 42.30,110(1 )(i) 12. ADJOURNMENT Mayor Park adjourned the regular meeting at 9:47 PM. ATTEST: Laura K. Hathaway, City Clerk -- - -- - ---~- lq COUNCIL MEETING DATE: Septembey~, 2006 ITEM #:_ 5 - b ~ .. .................... ........................_ ..........m..............M~... .............._ ..........._....... m.................~....._.....................mm.mm.............................. ...................................._...... .............._....... .........__........................ m... ... . ..............._.____....____..__....3..___ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Proposed Proposition to Authorize the City to Levy a Utility Tax for Police and Community Safety on the November 7, 2006 Ballot POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED ORDINANCE PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY AT A GENERAL ELECTION TO BE HELD ON NOVEMBER 7, 2006 OF PROPOSITION AUTHORIZING THE CITY TO LEVY A UTILITY TAX FOR THE PURPOSE OF PROVIDING ENHANCED POLICE AND COMMUNTIY SAFETY? COMMITTEE: MEETING DATE: ~EGORY: Jt1 Consent I ~~n'\J~ r8l Ordinance 0 Public Hearing X City Council Business 0 Resolution 0 Other STAFF REpORT By: DEPT: ...........-...-........ .....-........ ......... ........ ......................- .. ....-................._....... .... ....................._. ...................- ............- ....................................................... ..............._~..... ..-.... ................................_.~....... . .............................. .........-.-.......-..........--..................-.........-...........-... The City of Federal Way's staffing levels for police and community safety have not kept pace with the City's rapidly growing residential and business population, growing number of calls for police and code violation services, and increased security needs at city parks and facilities. Last year, the City's part one crime rate (violent crimes like rape, robbery, murder, auto theft, arson, burglary, larceny, aggravated assault) rose 19.6%, and its part two crime rate (quality oflife crimes like~ graffiti, vandalism, prostitution and recovered stolen vehicles)rose 12.3%. Gang related graffiti and vandalism in City parks has also increased substantially. To enhance police and community safety, the City Council is asking voters to approve an additional tax on utility businesses of 1.75% to fund 8 patrol officers; 4 traffic officers; 4 detectives; 2 lieutenants; 1 records clerk; a half-time judge; 1 court clerk; 1.5 prosecutors; 1 code enforcement officer; a half-time code enforcement attorney; 1 park maintenance worker; and contracted park security patrols. It is projected that this proposed utility tax increase of 1.75%, if approved, would result in approximately an additional $6 per month for a household or $7 per month for an office of2,000 square feet. The State Law requires city to obtain voter approval to impose the additional tax. Ifthis proposition is rejected, the City's utility tax will not increase and its staffing levels for police and community safety would remain at current level. Options Considered: 1. Approve the proposed ordinance and move to the September 19th City Council meeting for approval and enactment. 2. Do not approve the proposed ordinance. ............................... ..................................-.......... ......--.. ...............---..........-..... ......................................................................................... ..........-......................-..............-. .......-...... ...................~............. .... ...................................~...._......._....-..._.._.._.~.....-................-.............-.-......--....... STAFF RECOMMENDATION: Approve the proposed ordinance and move to the September 19th City Council meeting for approval and enactment. a~~ (;J(kJ kid 1fI'-f1.....- t%o~ I3ttJjJosdip-, 67'. o//~ '3 ~ d-jZJt.).IJL.: ~ / J7 ~{)r/J' I /t~d ------- ----------------- CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: Committee Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move approval of " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) ~CIL ACTION: APPROVED /l;, .J^d. ~ COUNCIL BILL # o DENIED 1 ST reading eft rj ~ 0 T ABLEDIDEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # . ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY AT A GENERAL ELECTION TO BE HELD ON NOVEMBER 7, 2006 FOR A PROPOSITION AUTHORIZING THE CITY TO LEVY A UTIL TY TAX FOR THE PURPOSE OF PROVIDING ENHANCED POLICE AND COMMUNITY SAFETY. WHEREAS, there is substantial desire in the community to see increased police presence; quicker police responses; expedited code enforcement actions; and improved security to keep our parks free of vandals and graffiti; and WHEREAS, an enhanced level of police service is essential in keeping the City of Federal Way (the "City") a safe and livable community; and WHEREAS, police services and community safety is a prerequisite to a vibrant economy; and WHEREAS, the City Council finds it is in the best interest ofthe residents and businesses of the City to enhance police and community safety services by adding eighteen police officers (8 patrol officers, 2 patrol lieutenants, 4 traffic officers, 4 detectives); I Police records clerk; 0.5 Judge (for a total of 2 full time judges), 1.5 prosecutors, I court clerk, jail and public defender resources necessary to support those additional police officers; I code compliance officer and 0.5 attorney for code enforcement; one park maintenance worker and contracted security services; and necessary operating supplies, equipment, vehicles, internal support staff; for a total estimated cost of $2.46 million; and ORD# , PAGE I - WHEREAS, RCW 35.21.870 permits cities to levy a tax on the privilege of conducting utility businesses such as electrical energy, natural gas, or telephone business; and WHEREAS, the City's current levy of 6% utility taxes are necessary to meet debt service obligations for past capital investment projects, for the continued improvement to our transportation systems, for the annual street overlay program, and for the continuation of existing city services; and WHEREAS, State law authorizes an additional utility tax increase of up to 6%, when approved by the qualified electors; and WHEREAS, the City Council deems it necessary to submit to the qualified electors a proposed increase of 1.75% to generate the amount necessary to finance the police and community safety improvements described herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Police and Community Safety Funding. The City Council hereby finds that it is in the best interests ofthe residents and businesses ofthe City to enhance police and community safety. Section 2. Election. A proposition authorizing the City to levy an increase of 1.75% in tax on utility businesses, for a total of7. 75%, to provide enhanced police and community safety services shall be submitted to the qualified electors ofthe City at the a general election to be held November 7, 2006. The King County Department of Elections is hereby requested to assume jurisdiction of and to call and conduct such election and to submit to the qualified electors ofthe City the proposition set forth in Exhibit A. The City Attorney is authorized to modify the proposition as directed by King County Elections. The City Clerk is hereby directed, not less then 45 days prior to ORD# , PAGE 2 - - --- ---------------------- ~~---- ----- ----- --- -- ------- - -- - -- -- ---- November 7,2006, to certify the proposition set forth in Exhibit A and forward the proposition to the King County Department of Elections. Section 3. Severability. The provisions ofthis ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity ofthe remainder ofthe ordinance, or the validity of its application to other persons or circumstances. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall be effective five days after its passage, approval and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of , 2006. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHA WAY, CMC ORD# , PAGE 3 -- -- --------- - - ----- - -- -- - APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: ORD# , PAGE 4 - ----- --------- ------------- -- ----~---------~--- EXHIBIT A City of Federal Way Additional Utility Tax Levy to Enhance Police and Community Safety To enhance police and community safety, shall the City levy an additional 1.75% tax on utility businesses pursuant to state statute RCW 35.21.870 as provided in Ordinance No. ? YES NO K:\ordinance\2006\utility tax for ps 4 final ORD# , PAGE 5 -------------- ----- ---- ~ ~ ~ ...... ,= ,= ~~. ~ ~ ~ = = = ......,. =' =' = .. ....... = = = N IoC ~ . ,'M "'t' ..... It'l .... ....i N N = . . _. ~..- . . e_ : _. ,_-_ ."_ . . . ~ r-- r-- ...+ IoC r-- It'll ...' . go r-- "'t' N..... ..-"'t'~Nqr,N"'" :~ l,f) l,f)1 r-- M .tn-M ~.OOO\ ,~ \0 \0 ..... l,f) l,f) ~ w u. ee (/) u l,f) 0\ l,f) .. 00 \0 00 l,f) .... 0 - 0 '~ r-- ~ l,f) M ...(/) - -- tf)-- -- !~ D.O U. A (/) r-- r-- N 0\ - i'.. - M r-- ~ -w 000 0\-0\ MOO -~ oW NM NMNMM MM a:~ ~LLI~ N Z~~ _ LLI~U 0 ~.... -000\ ~r--O\ ~ ~a: I r--\O\O ~\Or-- 8, ~U~ ro ee~c . ~ D.a:~ i LLI 0 eel. ' Q D. r--r-- 1~.0\0 U. N - >.... ~. eeZ \ ~~j ~ \0 0\ r--..~. ~ ~ LLI J Q LLI U. =-~l,f) ~ o ~ ""3 --- ~O-- u "'a u ..... o b Z =~= _~=~~_ ~~y I =Q,1.... ~==...= Y~Q,1 U ~~~ <~~t"il~ OZ~ Z ~ * ---- ------- - -- -- - - ---- -- -- ------- - ----- --- -- - - __ __ __ - n_________ =" M = M .... "iI,; QO ~ "l!t In N~"" <Ii' ~ ~ "l!t "l!t "l!t "l!t "l!t ~ W U. ~ U V"ll'-\CO\ .... .'~ \C l'- \C -I~ !~ A.O ...~ l'- l'- 0\ u.A.~ tr) 00 tr) OWW t"-NNN I-a:~ ZWQ! N "- WJ:U 0 ~Q!I - M Ml'-O\O .I:M 00 N tr) \C ..t:: \C \C \C .,.tr)\C Q) ~U"" """. Cl Cll CCJ:~ a. A.a:CC WOA. ~'<:t .~ N N Cu. t'f')__\C >.... CCZ ;::;:) -I 0\00 1:"-0\ NO = - '('f') -- W C W u. .:!a '<:t tr) M N\Cl'-tr) .~. N tr) ..... 1000 QOOO 0000 . :; . I · I <if ~ -:l ~.a_ lS, ~ 9 ~i ~ gp fr'll.i 0 :!. ~ . .'0' < ~..... s, < r/l fII). ..0 .- ,-/ - .---. -- :_-<- -- . -- --- --- -- ---- ---- ---------- - --- ---- ----~- --- -- ---- --- - --- --- ---- ---- --- Federal Way Department of Public Safety Quality of Life Crimes Assault 4 0.0% Disorderly Conduct -18.0% DUI -25.8% Forgery -28.1 % Fraud 4.4% ,..........:'11*1 ,',( ~'--'-..' _ -_:. T_" <'....:,....l';.,...:. 19.4% '~4'.A ."'-'".",; ,....' ',~~~I" -3,2% -13.3% -3.4% -21 . 1 % ;,4't~'~ Page 1 of 1 ----- ---- --------- __ ___n_______________n___ _ __ ____ COUNCIL MEETING DATE: septemb~:06~ q \ \'\\b\P ITEM #: 5 - c _.....__.._._._--_._..__._.._..-._---_....__..._.._~.-----.--.--------..-----..-.-----.------..---.-.---.------..-.-----. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: COTTAGE HOUSING CODE AMENDMENT Policy Question: Should City Council adopt an ordinance amending the zoning code to allow demonstration cottage housing projects in the RS7.2, RS 5.0 and RM zoning classifications? ./. COMMITTEE: LUTC MEETING DATE: September 5, 2006 ~GORY: ~.. ~onsent [gI Ordinance 0 Public Hearing o City Council Business 0 Resolution 0 Other .~.:r.~~!..~~<>,RT ~Y~}S~~C ~Q.N.:!:-.!?N, _~_ENIOR.:~LA~.~~___._..__..._.._.._.._______.__....__~EP!.~~~._ ...._______....__ Attachments: Exhibit I '"" 8/7/06 LUTC Agenda Bill, Exhibit 2 - Staff Report (revised to reflect LUTC direction), Exhibit 3 - Ordinance with draft code as Exhibit (revised to reflect LUTC direction), Exhibit 4 - Public comments received, Exhibit 5 - Example drawings (Potential Federal Way site), Exhibit 6 - Cottage housing examples (from other communities), Exhibit7 - Potential Site Map, Exhibit 8 -Potential Site Statistics Options Considered: 1. "Move to adopt the ordinance approving zoning code amendments to allow up to four demonstration cottage/Compact Single Family housing developments subject to certain selection criteria". 2. "Move to adopt the ordinance and code subject to modification as directed by Council". 3. "Move to disapprove the proposed zoning code amendments". q /SJO&--.--......~--.~f)dLA1~..JiJ--p~/L--J~L4--~W/1d(oJll]:l11 -- STAFF RECOMMENDATION: Staff recommends option 1. . 4, ' - 'd In. -h ()I'd. CITY MANAGER ApPROVAL: ~ DIRECTOR ApPROVAL: ~ Committee uncil Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "] move the proposed ordinance approving zoning code amendments to allow up to four demonstration cottage/Compact Single Family housing projects, subject to selection criteria to EXHIBIT i PAGE i OF Lj second reading and approval at the next regular meeting on September 19, 2006. " 'BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COU L ACTION: ft>4 () APPROVED wife ~J COUNCIL BILL # 0 DENIED {) Ceftv()1...~ [1 Jwr- 1 ST reading J~ 0 T ABLEDillEFERREDINO ACTION Enactment reading Q/ICf/ o MOVED TO SECOND READING (ordinances only) 1ft) pJ ORDINANCE # REVISED - 02/06/2006 RESOLUTION # V L/ . 7-0 EXHIBIT i PAGE 2- OF L{ COUNCIL MEETING DATE: September 5,2006 ITEM #: ------..-- .----.------.---.-- .-.-----.---.-.---.------.--------.-- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: COrrAGE HOUSING CODE AMENDMENT Policy Question: Should City Council adopt an ordinance amending the zoning code to allow demonstration cottage housing projects in the RS7.2, RS 5,0 and RM zoning classifications?\",. COMMITTEE: LUTC MEETING DATE: August 7, 2006 CATEGORY: o Consent [8] Ordinance 0 Public Hearing o City Council Business 0 Resolution 0 Other ~TA!':!.~.!.O~[BY..:_]i_~~CO~~~!_~ENIO~~l::.A~~R._______________~EPT: ~~_______________ Attachments: Exhibit A - Staff report, Exhibit B - Draft Code, Exhibit C - Public comments received since last LUTC meeting, Exhibit D - Potential Site Map, Exhibit E - Potential Site Statistics, Exhibit-G - Selection Criteria Language Options Considered: 1. "Recommend that the full Council adopt a permanent ordinance approving the zoning code ' , amendments to allow up to four demonstration cottage/Compact Single Family housing developments subject to certain pre-selection criteria". 2. "Recommend that the full Council adopt an interim zoning ordinance allowing up to four cottage/Compact Single Family housing developments subject to certain pre-selection criteria", 3. "Recommend that the full Council disapprove the proposed zoning code amendments". ----.-..----...----.-.-'------.----.----.-.----.. ---------.-----"- STAFF RECOMMENDATION: Sta CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ Council Conunittee Council lOJI'l. f/1.,OV~ ell. r'-u.,~"", . ",-i".f,'OYl COMMITTEE RECOMMENDATION: r . Committee Member P 0 S D COUNCIL MOTION: HI move the proposed ordinance approving zoning code amendments to aI/ow up to four demonstration cottage/Compact Single Family housing projects to second reading and approval at the next regular meeting on September 5, 2006. " EXHIBIT 1 ~ PAGE 3 OF Y (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL 1# 0 DENIED 1ST reading 0 T ABLEDIDEFERREDINO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE 1# REVISED - 0210612006 RESOLUTION 1# EXHIBIT ----1- PAGE lJ OF~ ~ CITY OF ~ Federal Way CITY COUNCIL COMMITTEE STAFF REPORT DATE: August 24, 2006 . To: City Council VIA: Neal Beats, City Manager FROM: Kathy McClung, CDS Director Isaac Conlen, Senior Planner SUBJECT: Cottage Housing Code Amendments MEETING DATE: September 5, 2006 POLICY QUESTION Should City Council adopt an ordinance amending the zoning code to allow cottage and Compact Single Family (CSF) housing in the RS 7.2, RS 5.0 and RM zoning classifications? BACKGROUND On February 15,2005, the Land Use & Transportation Committee (LUTe) placed consideration of cottage housing on the Planning Commission's 2005 work program. On April 18, 2005 an informational presentation on cottage housing was made to LUTe. The committee directed staff to proceed with creation of a draft ordinance, Planning Commission conducted a cottage housing workshop on September 21,2005. On June 21, 2006, Planning Commission held a public hearing on cottage housing and following the public hearing recommended approval of the proposed zoning code amendments to allow cottage housing. The LUTC considered the proposed amendments at their July 17,2006 meeting and provided direction to staff, specifically a request to regulate cottage housing developments as demonstration projects. At the August 7, 2006 LUTC meeting the committee forwarded the proposed amendments to the full Council without a recommendation. DEMONSTRATION PROJECT CRITERIA The adopting ordinance contains administrative language regulating cottage housing developments as demonstration projects. Up to four demonstration projects are allowed. Requests are docketed and reviewed periodically. A community meeting is required prior to city selection. Selection criteria require the applicant to: 1) Demonstrate the project is consistent with the purpose statement in the code; and 2) Demonstrate the project is compatible with surrounding properties and that the impacts of the project will be substantially equivalent to impacts expected to be associated with conventional development of the property; and 3) Demonstrate a high level of quality throughout the development EXHIBIT - , ?- I PAGE I OF t --- Decisions selecting or denying demonstration projects are made by the Director of the Community Development Services Department based on evaluation of the above criteria. The selection criteria section in the ordinance is drafted to give staff considerable discretion to select only those projects, which will be compatible with surrounding improvements. For example, if the Director finds that the project is not compatible with adjacent uses at twice the base density of the zone, the project may be conditioned to require a lower density. SUMMARY OF CODE AMENDMENTS Proposed code amendments include creation of a new Cottage Housing Article (Article XIn, amendments to FWCC 22-631, Single-Family Residential (RS) Use Zone Chart to allow cottage housing developments in the RS 7.2 and 5.0 zone classifications, amendments to FWCC 22-666, Multifamily Residential (RM) Use Zone Chart to allow cottage housing developments in the RM zoning classifications and amendments to FWCC 22-1, Definitions, to add a new definition of cottage housing development (Exhibit 1). Major Components The major components ofthe draft code are summarized below. . Types/Size of Dwelling Units - Cottages to a maximum size is l, 1 00 square feet. - Compact Single Family (CSF) units to a maximum size of 1,300 square feet. . Density - The maximum number of cottages/CSF permitted in the RS single-family zones is equal to twice the number of typical single-family dwelling units that would be permitted on the lot, subject to satisfying selection criteria. In the RM multi-family zones cottage/CSF units are permitted at one unit per 2,500 square feet of gross lot area. - No more than 35% of total units may be CSF units (up to 1,300 square feet in size). . Site Design - 75% of units must abut a centrally located common open space area. - The common open space must have dwelling units on at least two sides . Common Open Space - 500 square feet per unit - Improved for passive or active recreational use . Private Open Space - 400 square feet per unit - No dimension less than 9-feet . Cottage Design Standards - 6:12 roofpitch (up 35% of roof area may have a pitch not less than 4:12) - Cottages abutting public roads shall have an entrance and covered porch oriented towards the road. EXHIBIT Z 2 PAGE 2- OF & - All cottages shall have an entrance and covered porch oriented towards common open space. - Attached garages are not allowed except in limited circumstances. - l8-foot height, with top of roof not exceeding 24-feet. The intent of these provisions is to ensure attractive streetscapes, compatibility with adjacent uses and community oriented design. The provision requiring entries and covered porches oriented towards the public road is something new not contained in other codes we reviewed. We feel this is a compatibility issue - ensuring that those units abutting public roads will present an attractive streetscape as viewed from off-site. . Parking - 1.8 spaces per cottage (2 per CSF unit) - 15% of required spaces dedicated to visitor parking - On-street parking counted towards required parking - Size of garages and surface parking lots limited - Location of parking regulated - Surface parking lots visible from public right-of-way or adjacent residential uses screened with landscaping. . Compatibility The following provisions are intended to address compatibility with surrounding lower density residential development. - Locational criteria - minimum separation of 660 feet between cottage housing developments - Minimum overall site size of, 75 acres - Maximum size of cottage housing developments - 12-16 cottages (in RS zones) - Maximum square footage of cottages - 1,100 square feet - Maximum square footage of CSF units - 1,300 square feet - Maximum height of cottages - 18- feet (24' to ridge) - Minimum roofpitch- 6:12 - Maximum height/width ratio of one-to-one (eliminates tall-skinny designs) - Entry and porch orientation - to public roads - Parking location and screening regulations - Requirement for Homeowner's Association to maintain common areas. All of the above regulations are unique to cottage housing and would not be requirements (although some may voluntarily be included) in a conventional subdivision. The purpose is to offset the real and/or perceived impacts associated with higher density development by regulating the form and layout of cottage housing developments to minimize impacts. . Affordable Housing The Planning Commission requested that affordable housing be encouraged on an incentive basis. The draft code contains a provision allowing up to four cottages over the base level of 12 (in RS zones) if at least 50% of the additional cottages are affordable. EXHIBIT "2- . . . 3 PAGE 3- OF t;, ---------- . Procedural Requirements Cottage housing developments may be subdivisions, with each cottage on its own lot of record or condominium developments with all cottages individually owned but located on one lot of record, In the multi-family RM zones cottage housing could also be developed as a multi-family concept, with all units on one lot of record, under one ownership (rentals). For those projects proposed as subdivisions, they will go through the subdivision process only. The process requires multiple notices, comment periods and public meetings to allow neighbors and other interested parties an opportunity for input. For this reason no additional permitting requirements are proposed. In the RS zones, cottage housing developments that are condominium projects, (with no subdivision proposed) are subject to Use Process IV permitting requirements. Use Process IV requires public notice and includes a public hearing before the Hearing Examiner to allow for public input. Condominium or multi-family cottage housing developments in the RM zones are subject to a less intensive permitting process, Use Process III. This is appropriate because cottage housing is a less intensive use than the multi-family uses that are already permitted in the zone through Use Process III. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only ifit finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. The proposed FWCC text amendment is consistent with the following Federal Way Comprehensive Plan (FWCP) goals and policies: HGl Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character HPl High-density housing projects, with the exception of senior housing, will not be permitted in existing single-family neighborhoods. More moderate densities such as cottage housing will be considered. HG2 Involve the community in the development of new housing to a degree that is consistent with the scale of impact on surrounding neighborhoods. HG3 Develop a Comprehensive Plan and zoning code that provide flexibility to produce innovative housing solutions, do not burden the cost ofhousing development and maintenance and diversifY the range of housing types available in the City. EXHIBIT Z 4 PAGE Lf OF tv ~----------- ------ HP13 Continue to use design guidelines to ensure that new infill developments have aesthetic appeal and blend into surrounding development. HP15 Review zoning, subdivision and development regulations to ensure that they further housing policies and don't create unintended barriers. This is of particular importance for small lot and cottage housing developments. In order to facilitate small lot and cottage housing developments, it is particularly important to revise, as necessary, the subdivision and development regulations that govern their development. HP16 As appropriate, reduce minimum lot sizes to allow construction of smaller, detached single-family houses on smaller lots. HP 17 Increase capacity and encourage greater diversity of housing types and costs for both infill and new development through various methods, such as inclusionary zoning, density bonuses, transfer of development rights, cluster housing, cottage housing, garden housing, duplexes and low to moderate density housing types. HP19 Increase the amount of undeveloped open spaces in both infill and new development parcels, by expanding the use of cluster development and allowing housing techniques such as lot averaging and zero lot line standards. HP20 Establish administrative procedures to permit innovative housing designs and techniques, provided they are of high standard and consistent with the FWCP. HP21 Continue to provide incentives such as density bonuses for multi-family housing, and expand the types of incentives offered to encourage new developments to include affordable housing. HP22 Periodically review and update development regulations to incorporate opportunities for new housing types. HP27 Ensure that any new affordable housing required by the City remains affordable through some tool approved by the City, such as recording a lien on the property, In the case of homeowners hip projects, the lien can be structured as a deferred second mortgage to the homebuyer, due upon sale if the subsequent buyer does not meet the income eligibility standards. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed text amendment bears a substantial relationship to the public health, safety, and welfare because it allows a type of housing that is currently lacking in the south King County marketplace. The amendment would result in an increase in housing supply, which would benefit public welfare. The amendment would result in safe and community oriented project designs, which would benefit public health and safety. 3. The proposed amendment is in the best interest of the residents of the City. The proposed text amendment is in the best interest of the residents of the City because it facilitates increased housing choice and opportunities, while implementing measures necessary to ensure compatibility with surrounding development. The amendment would result in creation of high-quality, functional open space in residential areas. The amendment would result in safe, attractive community- EXHIBIT 2- 5 PAGE 5 OF &> oriented projects that allow more efficient delivery of public services. The proposed amendment provides opportunities for property owners to develop infill type lots. PLANNING COMMISSION RECOMMENDATION The Planning Commission conducted a study session meeting on September 21,2005, and a public hearing on June 21, 2005. At the conclusion ofthe June 21, 2006, public hearing, the Planning Commission forwarded a recommendation to the City Council to approve the zoning code amendment to allow cottage housing, as proposed by staff. LUTC RECOMMENDATION None. OPTIONS 1. "Move to adopt the ordinance approving zoning code amendments to allow up to four demonstration cottage/Compact Single Family housing developments subject to certain selection criteria". 2. "Move to adopt the ordinance and code subject to modification as directed by Council", 3. "Move to disapprove the proposed zoning code amendments". Staff Recommendation Option 1: "Move to adopt the ordinance approving zoning code amendments to allow up to four demonstration cottage/Compact Single Family housing developments subject to selection criteria". EXHIBIT 2 6 PAGE G OF t;J -----~- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISIDNG A SELECTION PROCESS FOR COTTAGE HOUSING DEMONSTRATION PROJECTS, ESTABLISHING A MAXIMUM OF TWO DEMONSTRATION PROJECTS AND ESTABLISIDNG ZONING REGULATIONS CONSISTING OF A NEW ARTICLE OF THE ZONING CODE, TITLED "COTTAGE AND COMPACT SINGLE FAMILY HOUSING" AND AMENDING FEDERAL WAY CITY CODE (FWCC) ARTICLE I, SECTION 22-1 TO ADD A DEFINITION OF 'COTTAGE HOUSING DEVELOPMENT', AND ARTICLE XI, SECTION 22-631 AND 22-666 TO ALLOW COTTAGE HOUSING IN THE RS 7.2, RS 5.0 AND RM ZONING CLASSIFICATIONS (AMENDING ORDINANCE Nos. 90-43, 90-51, 91-87, 91-92, 91-100, 91-105, 91-113, 93-170, 94-223, 95-245, 96-269, 96-270, 97-295, 97- 296, 97-300, 97-307, 99-337, 99-348, 99-353, 99-357, 00-363, 01-385, 02-424, 03-443, 04-457, 04-468) WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14,2000, November 1,2001, March 27, 2003, and July 20,2004; and WHEREAS, the city's comprehensive plan calls for development of innovative and flexible land use regulations to allow infill development and diverse housing types and specifically calls for consideration of cottage housing; and WHEREAS, the Growth Management Act and the King County Countywide Planning Policies encourage provision of a wide range of housing types to meet the needs of the full range of households size and income levels within the region; and WHEREAS, amendments to the Federal Way City Code (FWCC) text are authorized pursuant to FWCC Section 22-216 pursuant to Process VI review; and WHEREAS, the City of Federal Way City Council has considered the proposed amendments to the FWCC, to allow cottage housing developments, including Compact Single Family dwelling units, in the RS 7.2, RS 5,0 and RM zoning classifications, attached hereto as Exhibit 1 and incorporated by this EXHIBIT -? ---") PAGE / OF je., reference, ("Proposal"); and WHEREAS, the Federal Way City Council, pursuant to FWCC Section 22-517, having determined the Proposal to be worthy of legislative consideration, referred the Proposal to the Federal Way Planning Commission for its review and recommendation; and WHEREAS, an environmental Determination of Nonsignificance (DNS) was issued for the proposal on May 13, 2006 and no comments or appeals were received and the DNS was finalized on June 1t\ 2006; and WHEREAS, the proposal was sent to state agencies for review as required by the Growth Management Act on May 16,2006 and the state agency review period expired on July 14,2006; and WHEREAS, the Federal Way Planning Commission having considered the Proposal at a study session meeting on September 21, 2005 and a public hearing on June 21, 2006, pursuant to FWCC Section 22-534, and all public notice having been given pursuant to FWCC Section 22-521; and WHEREAS, following the public hearing, Planning Commission submitted to the City Council Land Useffransportation committee its recommendation that the City Council adopt the Proposal as recommended by staff; and WHEREAS, the City Council Land Useffransportation Committee, on July 17, 2006 considered the recommendation of the Planning Commission and requested the draft ordinance be modified to regulate cottage housing as demonstration projects; and WHEREAS, the City Council Land Useffransportation Committee, on August 7,2006 moved the proposal forward to the full City Council without a recommendation; and WHEREAS, the City Council considered the proposed ordinance and code amendments at its SeptemberS, 2006 meeting and reduced the number of demonstration projects from four to two; Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City council of the City of Federal Way makes the following findings with respect to the Proposal: EXHIBIT 3 PAGE 2- OF iro ------- A. The best interests and general welfare of the City of Federal Way would be served by amending the zoning code to allow demonstration cottage housing developments in specified zoning classifications because: 1. Cottage and Compact Single Family housing provide more-affordable single- family ownership opportunities for small families than housing options currently available within the city; and 2. Cottage and Compact Single Family housing provide a type of housing that is desirable to a growing demographic of small families, but which is currently unavailable within the city; and 3. Cottage housing developments provide high-quality functional open space in residential areas; and 4. Cottage housing developments encourage neighborhood interaction and safety through design; and 5. Cottage housing development standards are designed to ensure compatibility with neighboring single-family land uses and developments; and 6. Cottage housing developments further the goals of the Growth Management Act by meeting urban density objectives and providing opportunities for infill development. B. Demand for cottage housing has been high in recently built projects in north and east King County. Property owners in Federal Way and builders in the community have contacted staff and expressed an interest in cottage housing developments over the past year. C. Adoption of the zoning amendments will help implement the goals and policies of the housing chapter of the comprehensive plan by allowing opportunities for innovative infill housing projects, while ensuring that new housing types implement measures to achieve compatibility with surrounding development. EXHIBIT ~ PAGE 3 OF flo 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 adoption of the proposal: 1. The proposed amendments are consistent with, and substantially implement, the following comprehensive plan goals and policies: HGl Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character HPl High-density housing projects, with the exception of senior housing, will not be permitted in existing single-family neighborhoods. More moderate densities such as cottage housing will be considered. HG2 Involve the community in the development of new housing to a degree that is consistent with the scale of impact on surrounding neighborhoods. HG3 . Develop a Comprehensive Plan and zoning code that provide flexibility to produce innovative housing solutions, do not burden the cost of housing development and maintenance and diversify the range of housing types available in the City. HP13 Continue to use design guidelines to ensure that new injill developments have aesthetic appeal and blend into surrounding development. HP15 Review zoning, subdivision and development regulations to ensure that they further housing policies and don't create unintended barriers. This is of particular importance for small lot and cottage housing developments. In order to facilitate small lot and cottage housing developments, it is particularly important to revise, as necessary, the subdivision and development regulations that govern their development. HP16 As appropriate, reduce minimum lot sizes to allow construction of smaller, detached single-family houses on smaller lots. HP17 Increase capacity and encourage greater diversity of housing types and costs for both injill and new development through various methods, such as inclusionary zoning, density bonuses, transfer of development rights, cluster housing, cottage housing, garden housing, duplexes and low to moderate density housing types. HP19 Increase the amount of undeveloped open spaces in both injill and new development parcels, by expanding the use of cluster development and allowing housing techniques such as lot averaging and zero lot line standards. HP20 Establish administrative procedures to permit innovative housing designs and techniques, provided they are of high standard and consistent with the FWCP. EXHIBIT 6 PAGE i..{ OF I~ ~------ HP21 Continue to provide incentives such as density bonuses for multi-family housing, and expand the types of incentives offered to encourage new developments to include affordable housing. HP22 Periodically review and update development regulations to incorporate opportunities for new housing types. HP27 Ensure that any new affordable housing required by the City remains affordable through some tool approved by the City, such as recording a lien on the property. In the case of homeowners hip projects, the lien can be structured as a deferred second mortgage to the homebuyer, due upon sale if the subsequent buyer does not meet the income eligibility standards. 2. The proposed text amendment bears a substantial relationship to the public health, safety or welfare because it allows a type of housing that is currently lacking in the south King County marketplace. The amendment would result in an increase in housing supply and diversity, which would benefit public welfare. The amendment would result in safe and community oriented project designs, which would benefit public health and safety. 3. The proposed text amendment is in the best interest of the residents of the city because it facilitates increased housing choice and opportunities, while implementing measures necessary to ensure compatibility with surrounding development. The amendments would result in creation of high-quality functional open space in residential areas, The amendment would result in safe, attractive community-oriented projects that allow more efficient delivery of public services. The proposed amendment provides opportunities for property owners to develop infill type lots. Section 3. Demonstration Proiects. The City Council has determined that it is in the public's interest to allow only a limited number of cottage housing developments as demonstration projects. The city shall limit the number of cottage housing demonstration projects to a maximum of two. Demonstration projects will be selected, at the Director of Community Development's discretion, using the selection guidelines detailed below in section 4. After the second demonstration project has been approved and at least 50 percent of the dwelling units constructed and approved for occupancy by the city building division, the code amendments adopted in Section 5 below may remain in place with no demonstration project requirement. If, however, Council determines, based on evaluation of the demonstration projects, that the code amendments are not in the public's best interest, Council may amend or repeal the cottage housing code provisions. EXHIBIT 3 PAGE S OF 1<0 - ---------------- - --- -------- --~ -------------~ Section 4, Selection Criteria. The City shall use a competitive selection process to determine which cottage housing developments shall move forward through the permitting process, The City may approve up to two cottage housing developments pursuant to this ordinance. Applications for cottage housing developments shall be submitted and docketed on a schedule determined by the Director of Community Development. Applicants shall hold a community meeting to gather input and suggestions from the neighborhood. Mailed notice shall be provided to property owners within 300 feet of the subject property. City staff shall attend the meeting, Applicants shall then have an opportunity to consider comments received and, if appropriate, modify their proposal in response to neighborhood concerns. The Director of Community Development shall have the discretion to determine which applications, if any, will be selected to be submitted as formal applications based on the code, input from the community meeting and the following criteria: (a) Consistency with the purpose of the article as specified in the purpose section of the code, (b) Demonstration that the project has been designed with sensitivity to adjacent properties and that impacts with regard to parking, building height, building bulk, lot coverage, setbacks, screening, open space and aesthetics associated with the proposed project are substantially equivalent to impacts expected to be associated with development of conventional housing on the subject property. (c) Demonstration that the project will result in a highly attractive environment, which incorporates a high level of quality throughout the development, including but not limited to the following areas: 1. Architectural design 2. Building materials 3. Open space 4. Parking EXHIBIT 3 PAGE (/ OF /& --..---....--- The Director may limit the project's density to less than twice the number of conventional single-family dwelling units that would otherwise be'permitted, but not less than 1.75 the number of conventional single-family dwelling units, if necessary to ensure compatibility with surrounding development. The Director may select, select with modifications or deny an application. The decision by the Director of Community Development selecting cottage housing developments to advance to the formal submittal phase shall be in writing and shall be the final decision of the city, Section 5. Amendment. The City Council hereby amends FWCC Chapter 22 as set forth in the attached Exhibit A. Section 6. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8, Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,2006. CITY OF FEDERAL WAY Mayor, Michael Park ATTEST: City Clerk, Laura Hathaway, CMC ApPROVED AS TO FORM: EXHIBIT .3 PAGE 7 ,OF {tv -- -- ----- - ----- - - City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: EXHIBIT 3 PAGE g' OF Ib _n______ ---- Article XII. COTTAGE AND COMPACT SINGLE FAMILY HOUSING Sections: 22-xxxx Purpose 22-xxxx Applicability 22-xxxx Development Standards 22-xxxx Modifications 22-xxxx Purpose. The purpose of this Article is to: (1) provide housing types that are responsive to changing household demographics (e.g., retirees, small families, single parent households, single person households, dual-owner households); (2) provide opportunities for more-affordable housing within single- family neighborhoods; (3) encourage creation offunctional usable open space in residential communities; (4) promote neighborhood interaction and safety through design; (5) ensure compatibility with neighboring uses; and (6) provide opportunities for infill development consistent with goals of the Growth Management Act. 22-xxxx Applicability . Other articles of this chapter shall be applicable to Cottage and Compact Single. Family (CSF) Housing Developments, which collectively, are referred to as Cottage Housing Developments (CHDs), Where a conflict arises the provisions of this article shall control. CHDs are permitted in the RS 5.0 and 7.2 zones and all RM zones. 22-xxxx Development Standards. CHDs shall be subject to the following development standards. (a) Cottage Housing Development Size. (1) CHDs are not permitted on sites less than .75 acres in size (a site may be composed of more than one contiguous lot), (2) CHDs shall contain clusters consisting of a minimum of 4 dwelling units and a maximum of 16 units. In RS 5.0 and 7.2 zones, no more than 12 dwelling units are permitted in a CHD, unless additional dwelling units are permitted subject to subsection (m) below. A CHD may be integrated into a larger conventional subdivision. Maximum number of dwelling units is not limited in the RM zoning classifications. (b) Locational Criteria. (I) A CHD in an RS zone shall be separated from another CHD by a minimum of 660 feet measured between the closest points of the subject properties. (c) Calculation of Cottage and Compact Single Family Units (1) The following steps shall be utilized to determine the number of cottage and CSF units permitted on a given site: (a) In the RS zones the applicant shall submit a proforma site plan showing the number of conventional dwelling units that would be permitted by the underlying zoning classification. (b) The number calculated in subsection (c)(1)(a) above shall be multiplied by two. Fractional numbers of.5 or greater shall be rounded up. Fractional numbers less than .5 shall be rounded down. The resulting number is the number of Dwelling units permitted on the site, subject to the maximum identified in subsection (a)(2) above. EXHIBIT A (.n> oru:liI..Jt"f>l...Fj EXHIBIT " :J 1 PAGE I OF 'i PAGE <1 OF n (c) In the RM zones one dwelling unit is permitted for each 2,500 square feet of lot area based on gross lot size. (d) CSF units shall not exceed 35% of total dwelling units regardless of the zone. Fractional numbers of.5 or greater shall be rounded up. Fractional numbers less than .5 shall be rounded down. (d) Cottage and Compact Single Family Unit Size. (1) Cottage floor area shall be between 800 and 1,100 square feet. (2) CSF unit floor area shall be between 1,100 and 1,300 square feet. (3) Floor area is the area within the surrounding exterior walls, but excluding space where the floor to ceiling height is less than six feet. Floor area does not include covered porches. The Director of Community Development shall use appropriate discretion, consistent with the intent of this Article in determining area to be counted in the calculation of maximum square footage. (e) Common Open Space. (1) A minimum of 500 square feet of common open space shall be provided per dwelling unit. (2) Common open space within a CHD shall be a minimum of3,000 square feet in size, regardless of number of dwelling units. (3) No dimension of a common open space area used to satisfy the minimum square footage requirement shall be less than 10-feet, unless part of a pathway or trail. (4) In subdivisions and short subdivisions, common open space shall be located in a separate tract or tracts. (5) Required common open space shall be divided into no more than two separate areas per cluster of dwelling units. (6) Common open space shall be improved for passive or active recreational use. Examples may include, but are not limited to courtyards, orchards, landscaped picnic areas or gardens. Common open space shall include amenities such as seating, landscaping, trails, gazebos, barbeque facilities, covered shelters or water features. Surface water management facilities shall not be located in a common open space area. (j) Private open space. Each dwelling unit shall provide a minimum of 400 square feet of private front yard space. (1) Examples include lawn area, courtyards and patios. (2) No dimension of a private open space area used to satisfy the minimum square footage requirement shall be less than 9-feet. (g) Site Design. (1) A minimum of 75 percent of dwelling units shall abut the common open space. (2) Common open spaces shall have dwelling units abutting at least two sides. (3) Lots in CHDs are not required to abut a public street right-of-way, (4) Siting of dwelling units or common open space in areas with slopes exceeding 15 percent is not encouraged. Dwelling units shall not be placed in such areas if extensive use of retaining walls is necessary to create building pads, or open space areas. (h) Design Standards. (I) Dwelling Units shall have a minimum 6: 12 roof pitch. Up to 35 percent of roof area may have a slope not less than 4: 12. Portions of a roof with a pitch less than 6: 12 shall be limited to architectural features such as dormers, porch roofs and shed roofs. (2) Each dwelling unit abutting a public right-of-way (not including alleys) shall have a primary entry and covered porch a minimum of 80 square feet in size, oriented towards the public right-of-way. If abutting more than one public right-of-way, the applicant, with city input, shall determine which right-of-way the entrance and covered porch shall be oriented towards. EXHIBIT A (ro ~("tltNCJL) EXHIBIT 3 2 PAGE z.. OF ~ PAGE 10 OF /& --------- (3) Each dwelling unit shall have an entry and covered porch oriented towards the common open space. If subject to (h)(2) above, this may be a secondary entrance with covered porch, a minimum of 50 square feet in size. If not subject to (h)(2) above this shall be a primary entrance with covered porch, a minimum of 80 square feet in size, (4) Covered porches shall be a minimum of 6 feet deep. (5) Dwelling units shall not have the appearance of "tall-skinny houses", As a guideline, dwelling units should not appear to exceed a ratio of one to one (ridge height to width) as viewed from off-site. (6) Dwelling units shall not include attached garages unless the garage abuts an alley or shared parking lot. The first 200 square feet of attached garage space shall not be counted towards maximum dwelling unit size allowance. (7) Detached garages and carports associated with individual dwelling units shall not exceed 500 square feet in size (detached garages or carports shall not count towards maximum cottage or CSF unit size allowance), (i) Parking. (1) A minimum of 1.8 parking spaces per cottage and 2 parking spaces per CSF unit shall be provided for the entire development. Fifteen percent of total required spaces shall be designated for guests. (2) All or a portion of new on-street parking provided as a component of the development may be counted towards minimum parking requirements if the Director of Community Development finds that such parking configuration will result in adequate parking for the CHD. (3) Garages and carports shall have a minimum 6:12 roof pitch. (4) No more than 50 percent of covered parking spaces may be carports. (5) Garage doors shall not be oriented towards a public right-of-way with the exception of an alley. (6) No shared garage or carport may exceed 800 square feet in size. (7) Garages and carports shall not be located between the common open space and the dwelling units. (8) Surface parking lots shall be broken into sub lots of no more than 8 parking spaces. Sub lots shall be separated by landscaped bulb-outs a minimum of 12-feet in width. (9) Parking in the form of garages, carports or surface lots may occupy no more than 40 percent of site frontage on a public right-of-way, except in the case of an alley, in which case no restriction applies. On-street parking is permitted along the entire frontage. (10)Surface parking lots shall be setback 15-feet from front property lines and 10-feet from external side and rear property lines. (11)Surface parking lots of more than 2 spaces, visible from a public right-of-way (not including alleys) or adjacent single-family uses or zones shall be screened by landscaping and/or architectural features pursuant to FWCC 22-1567(e). (j) Height. Dwelling units shall not exceed 18 feet in height, as defined in FWCC 22-1, "height of structure" and in no case shall the ridge of the roof exceed 24 feet from average building elevation. (k) Setbacks and Building Separation. Dwelling units shall have 15-foot front and 5-foot side and rear yard setback requirements. Dwelling units shall be separated by a minimum of 10- feet, not including projections, as identified in FWCC 22-1133(4). Dwelling units and accessory buildings shall be separated by six feet. Dwelling units not abutting or oriented towards a right-of-way shall have a front yard oriented towards the common open space. The Director of Community Development may use appropriate discretion, consistent with the intent of this Article, in determining orientation of yards in CHDs. EXHIBIT A(n CC.DttJANCE) EXHIBIT ~ :':> 3 PAGE ? OF r PAGE II OF 1(; :> (I) Lot Coverage. Lot coverage in CHDs shall not exceed 60 percent of gross site area, Lot coverage shall be calculated for the overall CHD, not for individual lots. Paved components of common open space areas and walkways shall not be counted in lot coverage calculations. (m) Affordable Housing Bonus in RS Zoning Classifications. In the RS zones, CHDs that include affordable units may exceed the base level of 12 dwelling units up to a total of 16 dwelling units (assuming adequate overall lot size). One half of all dwelling units over the base level of 12 must be affordable (for example, a total of four additional dwelling units may be permitted if two of these are affordable). (1) Affordable cottages shall be sold at a price which is affordable for a 2-person household with an annual income equal to or less than 80 percent of median income. Affordable CSF units shall be sold at a price which is affordable to a 3-person household with an annual income equal to or less than 80 percent of median income. The Director of Community Development shall prepare administrative guidelines for calculation of sale price and determination of income eligibility. (2) Affordable dwelling units shall have the same appearance and utilize the same exterior materials as market rate dwelling units and shall be dispersed throughout the CHD. (3) A deed, covenant or title restriction shall be recorded on the deed/title of affordable dwelling units. The restriction shall effectively maintain the units as affordable for a period of not less than 15 years from initial occupancy. The restriction shall be in a form acceptable to the Director of Community Development (n) Common Area Maintenance. CHDs shall be required to implement a mechanism, acceptable to the Director of Community Development, to ensure the continued care and maintenance of CHD common areas, A typical example would be creation of a home owner's association or condominium association with authority and funding necessary to maintain the common areas. (0) General Provisions. (1) CHDs in the RS zones are permitted as subdivisions, short subdivisions or condominium developments. CHDs in the RM zones are permitted as subdivisions, short subdivisions, condominium developments or multi-family developments. (2) A community building, not exceeding 2,000 square feet, may be provided for the residents of the CHD. Roofpitch, architecture, materials and colors shall be similar to that of the dwelling units within the CHD. (3) An existing single-family home incorporated into a CHD, that does not meet the requirements of this article is permitt~d to remain on a site developed for cottage and CSF housing. Modifications or additions to the structure not consistent with the provisions of this Article shall not be permitted. (4) Accessory Dwelling Units are not permitted in CHDs. (5) CHDs may not utilize the cluster subdivision provisions of FWCC Chapter 20. (6) For those CHDs processed as formal or short subdivisions, all development standards of this article shall be reviewed by the Director of Community Development as a component of the preliminary plat or short plat review process. For all other CHDs the development standards of this article shall be reviewed as a component of process III or IV review (see use zone charts for required review process). In either case this shall include review of conceptual building elevations. 22-xxxx Modifications. Applicants may request modifications to the open space, site design, design standards, setbacks and parking provisions of this article. The Director of Community Development may modify the above referenced provisions of this article if all of the following apply: (a) The site is constrained due to unusual shape, topography, easements or critical areas. (b) The modification is consistent with the purpose of the article as stated in FWCC 22-xxxx. EXHIBIT A (re 6fl.DlNAf\rtr;) EXHIBIT ~~ 4 PAGE i.( OF ~ PAGE /2- OF 1& :!1 '0 ." !~ ~In Q.O <=c:: N ;; a I>> " ~ " rJJ N f!. ::l " ~g I '" ",,11 ::l t"l ~ 0\ ~ Z ""1:l ...0 S. "" 0\ ~ 00 " ;; P NNNN_ ~. Q. UREGULATIONS (I) 0\ .. '" ~~~~~ - g t:l '" 0 ~ .j,. ~~~~~ z tj fD w ~~~~i fr 'rrle 0' - 0 o if 0 ~ Q; g "" g:~~g==, i,l Required ~ t'> 8 '" ~t~~~ ~ ~. ~: g, [ ~ =; S' =- 'W Review Process fD ... v. O\.....-....Iv.< ..., (jQ C. -J o:",o~O\f:l) 0 ~ ~ ~ a ~ c. ~ Q. 'i~r~p ~~~u v. Z en ~ '" a ~ -0 ~ (I) ~ 0 en ~ ..... ~. & ~. ~ ~ ~ ~ ~ 3' o ('0 . I:Il 0 'T1 en -0 ~ '" ;: '" Lot Size ~ .~ P" 5" 8" 8- " '" " .f' 9 g. r:.: g" a '" - ... ~ (JCl S' ::l Q._ S' 6f g = ? 0 . 0 f!. ""> - ::l So ::l ., cr ~ _. <> (I) e. z I?I~ ::1>'" Front g ~ ~ . 0 - p -<~ 3 0.. :" '" I;; v. <n ~ ~. ~ ? Side (each) !:l-g ..... ~ ~r ::; .0 I;; v. 0.. S' (I) "" ? Rear ~ 0- ..... ::l '@ 0.. S' ~ ~ !I~ t: e;. <n ,s Lot Coverage <> (I) f ::: 8 t- O> >< '" _. ..., - 0 i!!!lllr~ (l)O"~~t"oJ 3 ;:J:: - -0 I t.J [~ t: tI1 s-; w Height of ~ .Z 0 Structure e. ~ f!. g OQ C1l 0> .... a .z < z .... 0 ~ili sPo'" <n ..., ~ <n (I) .... '" _. ~ '" Required 8' en Q ..... -" " s: ~ c- =... .. = '" S. Parking Spaces ~ (I) :- 00 a f'- "" w ..".." 5P'!l" +I;l :'" 8 !-' . !"~:-' C [ ~ o 0 5l 1;-J1p'1~~ ~~('J. ! . .. ~"z ! ... ... 5: ~ gog- o ~ .." .." ::<l ~:" 0 8,~ ~ ~ 0 So = -0 ~~ oo"o;>~ ''';'8 ..., - ..... ~ ~. 1f ~ a. _: S' ~ ~ ~ s ('J .. 0 .... S' e .;:;; .... 0 ca 0 o~-P-"s , ~ ""8" z S' f!. 00""> 0' s. 0 I? <> ~. .~., r '" s- r:/). ~ N a~ ~ ","';> ~o .. "'II>> t'j 0 ,;-.8::t .::::'"'t J I I I I ~ = a z S'~ ~ E. g; [ '"' [ ~ ~ ~ ... g N ~ 0 _. .... 00 8 0 g.a('l)ClIQQ:N ~ (i) 0 -< 0 ::l en '" ca", ~ ~~~~E:~g..... ;;;s.~ Z ~ .j,. "S. ~ 0 [ ~ =3 ..... a ~ ..2 0 ~ g: ::c '" E t'j ... ca " 8 g- g, g- ~ ~ ~ s ~ Jg' (I) . Q.g '" ("') (') tD "" I>> - ~ w ",Q. a: s;~~~~~ !rw~ == - .... . ~ s- o 0- ~ ~v;' ::l go:g ~ ;s. ~ _ ~ (;" [ .-+" ~ 00 ; -< g" ~: ~ ~ g' ~. - 8 ~ g- tD ..... ~g' I>> = b " _. S. llS~~!!.~~ ooi,lf", ~ .... "00 t'j ~ ""sr '" 'E. g. ~""t ~ 0 a ~ ~ g ..., .... I>> ("') ~ = N=-: 8: ~ .g r ;> ~ :J. I>> g" 5" - ~ e. o..."a s-~ -" ..... E... ::l ~ .- _r- oo ...,a, ~ n' 6- 0 R- a ~ W'" I>> ~g~CD ~e: g- p,. -" ca " _. r- ~ 9; S .. 0 ~ o' !Po"" I>> 8 ri 11- ~ ~ ~ ~: 'Sl ::l Y' ;:l '" '" '" Yi' n ~ tn o. !!.. = 0 so en -- " '" ~ ~ " '" ;> '"' g" ::l g: 9 s. " ~ I\> " II a. =l ;;= ~ "' ~. S' g. 0 "" ~ ~ 8- ... '" ~ ~ ~ 0 ~ IS ~ 55 '(;" '" !Po ':> ~x~~~~. ~ ~ ;:l '" w -o<:.g""o-o\g ~ ~ > 0 " ..... i-l - .f' '" ~ s~. - ;; g tn' >'C (I) ..... en !Po ~ ~ ~ 0:. ~: ~ ~ 0 '" en " '" s- " ('J s. _. '" z (I) .f' .2 (ii" ~ 8 _. g R (iJ - , n (iJ' tn 5; ~ '"1 0: ~ 8' g"s . ~ . 8 a ~ S. 't:In -_5' '<_ ~~ ::a-g ~ ~ .. ~og. "E.. ~ t:l S' ~: ~ ~ 5 eo Z a: o 8 !!. ~ 0 "'1 ;: eo N' i-l en s;p..;g ~ ~ en tri (I) ~ ~. ~ s: ~ (') ::t ~ g ~ " 0 N :. ~ & P- o ~ ~ ~" ~ 0 n g " ~ Q .; [ [ . .g ~ ~ I 15.. 8 >< i a _ s- ~ _. ~ ~ EXHIBIT A (It:; Dr~Di-.4AN(E.) EXHIBIT 3 PAGE G, OF g PAGE il-{ OF !L- ---- ---------------- ~--- ~ Q 4l I~~NIW ~1:3J"I::>"1 gQ.t:J <=~ ~ ! po eo.~ 0-0\(1) ~g~~~ ~'~s. ~ I '" Z "" '" 00 -.) ::I t:J - - _. S' - rJ ..., ?;; :... 0 N N N I'-.J r.n g 0 ::s ("tl S' :r' t:r' ~ ~ '0 ~ ~ ~ ~:: &l' (JQ 8.. UREGULATIONS Ol.... ~ 0 e ~ ~ ~>#- ~ t::1 '" 6 -0,--:::: '<-f"O~~fr."'I""';I>II:z: :z: t:J e.. It> '" 1111- ""1::r'<::r'Orn"o 0 1>-1 ~ f"""t- ? "" '" '" '" '" g . g!:l <;;. 8. 3 '" g ::I ::I Required it' ~ ~ _ ~ ~ t;-J t;J t;J 0.. ~ ~ o' tI'J E.. ~ ~ (1). tT1;::z I:l ",... ... w w - '" _.::1 e '" ....; RevIew Process ("J =:sO =- ~ ~ ,.~~~..~; ~ ~~ 8. ::j ciQ ~ '" -9;;1 ;;I i ("'l IV en " 1- _. - ? I"" -~ 1::1 '"' en N - "'- 9.... ... -....J "en ~ ~,....., tfl 0 ::s 0;:::;.. ..... -.J 0 \ .J 0 ..... .- J:...;,.... ... ~] g. ~ n = g S- fij & :- s. ~ VI fij ~ g :r:: ~ = ~ tn en ~ ~ N ("} ~ ('i) C "=":I c:r ::s <:: .......... ~ ...... :1 0 ::s S' t'tl ~ ~ tD ~~. g, ~~!:l ~it~o.:~ ~ ~ ~;:i:.; ~ (JQ ~S' Lot Size :::l '" == ..9.z 2. ..... o' n ~ ~ ~ 3 VJ ..... ~ a (i) 3 _:j cr G; 5 = o' -. ::I 0' ?- - .... s. Sf 0 - .{!l 5' :::: ..., ::::: IJCl a = ::I ::I " S' :, cr = . I:::> 1- :::> NO:::> N N - ;:j' " Ol =:s z . V> . 0 _' 0 0::1 Front ~ '" _-. o :r' :::l c: 0. ~..... :0 "1---&lG5 ~::lQ. Ol' w I'" "'~..,,-.. -<.o<;;o;:t .:, ;:P ;:P ",. ,... 0 ~ Side (each) a ~. ~ e. ,.0 ~_ 0 VJo""';:+ "" IVI VI ~- 0. 0 ('t) ~ ~ ~.o Rear ~ Q.. tr1 0. ~. ~ 1~lo.. V>::Ien e =:s 0, 0 0 * ~ Lot Coverage :::: rt go '; ~.....~""~'gi!!..le~<I~~ !!..g"~~~ ~.:~. ? 5: :: Ii ::: ~ 5: ~ ~ '" ~ 5: ~ ~;:P Height of ~ ..., .E! \0 0 ('b 0 .......... ('tI (b ..... ..... O'tl (il ::$ ::c: f\I~ '-:' " _ 0. 0.::1" - o' ~ "Structure <;; tI1 (D '0 0 ~ ::1::1 :z: t:., ~ f'l. ,g~loi' gOoN ~ ~ ~ Z _. - 00 _. :;: '1:1 .... =::. _. >> .- !:I S' - !!..!:I Required ~ ~ ~ \0 ('1) =-: en 1-- -. ." I Q ~ .... ~ Parking Spaces S' ;:a /::IQ tv "Tj """l en '0 G1 _. - ~ ~ "" ~~ ~ ~:IJ$g?"g:-'5" Y':i"'~ ~5'!,>:-, 0 Ol . .w ............ '_1_ I'D::I en ::I '"' '"' " 0. ("'l 0" '" ?..,., <:t. en" ..,;" 0. ("'l 0" '" ? c:: a r", e:.. (l. 0 0 . 0... " J \ J.. . . . . ~ rv tn <;' . . . . ;:::., .... \1.1 t ~ a. e. ~':A' ~ g 0 ~ ::c: :; 5" ~ :r :r ~ ~~: a N' ;::.. :r :r S" = :r s' ~ e: ;- , _. -.!!l "'r1 "'r1 " _ ;I> :3 0 0 ..,., ::l.!:I " -." ::>" _. ;I> _ __ ~ '" '" _. !:l !:l '" '" .... S' '" '" ~ it' it' it' it' :3 _ '" g 0 ~ it' :>;:l :>;:l :>;:l :>;:l 8 ..., r..,.; lIP.. ... a 0 ~ tn -; ~.::t. ....... ~ ~ [;I'} r..n (I) en cn c 0 ~ -. c;; en tn tn tn tn t: 5 r" ..... o ~:;> 0 ~ aCj" 0" g:. !1 ~ a a VI -.) \0 ...... w 3 ~ ~ fj s:- ('1) VI -.J \0 ..... w 3 t-7 ~ 00 7 a 2::i-- d o:::t ~('1);:J2~ONo..Y.~_NO,(l)XON"'yeY'...... ~oo "-" ~ Z &. ~ s $..... ~ a >< 0. g g:: II II II 0 0 S. N !:l. 'f '" ~ N N N 0 0 ~ en t!'J N = o Jg ~ o' 5'.2 ...... < == ~ ::i ~ 0\ 0\ 0\ II II n -0 ~ 0\ 5- I~ g g g ~ ~ 2? ~ 9 a . .., 5;::$ c:: ~ U;' ~ ('1) ~. ('tI 0 0 0 VI VI 0 .,J::::.. ('1) (1) \.,;J,. ::t. ("D ('\) ('1) N I-" o (b "<: ~ ~ ..... (ll ...... 0 """0 ..... 0... .....0 ,0 .....0 0 0 <: 0\ 0. ..... ~ 0 VI tfl tn ~ ~ (1) (1) tv ..c ~ '"1 0.... ~ ("\l 0........ 0........ 0........ 0 0 (D "!:: .... =.. .. .. -. ~ e. ~ g 5=- 3 x ~ C? ~ 0.. :r' . . ?'?' ~ ~ ;;:. ~ .; 0 s:- go g. ~ ~ ~ ~ ~ ~ ~ a~..... e;('1)< -5~- (JQ~g:.~'"1-'('tI('1)(be-g.'""'l ~ c:r' ~ " ~ 2.. -g """l a :::: ~:: a ~ g' ~.~ :;:. (') .g n 3 3 3 ('1) ('1) ~ ~. ~ .,., '" -;;!o !!.. '" 0 l> '" '" _. s " ::c: _. _. _. 3 :3 <: (") ~ .w a g: S. ~ 5' ..... i a ;s. ~ it' '" 8' '" S Q t:J ::!. ::!. ::!. s. _. ~ "'" ~ ~ ...0 tfl rn ~ (tI ~ g:...... a: ..... a" r.n VI 0.. s::: ..... tn 3 3 3 ..... e. _. ~...... CI) ~ ~ [g 8' ;; <;;. 1i- 0 ;- ~ :-' g: ~ ~~. :t 5 Ei Ei S ~ ~ rJ'J > 0 is: -;-t ('tI (JCl (l. ..... "d n -. ...... ..... N ...... C'll ""1 I::;;::l:::i;l c ~ c ~ ~ il"""t- t"'D S "" g' 1il g""S!.. Sf ~ ~ ;;: ~. ~ ~ 3 ~ ~ 000 8 ~ ::!. t!'J 1-3 ~ /::I - f:3::'" ~'< "d - <: ~ g c.. tfI::r c ~..... ..... ..... 0" 0 ..... n ...... I a ~ CD S ct go g. ('1) 0 Ul .. ('1) iir 5 ~ en ~ ..... .-+ U)' ~ d-. ~~. Jg -E .....,."1 ('1) ~ ~ ~ 0 ~ g. d~' ~. ~. ~. ~. ~ ~ 0:9 e. - ",!!l ::I' g" r- ig :3 ;;:: ::>" N ::>" ::I _ _. _. -." " "" ~ ~ (ti (JQ ~ "1 Cl;I J"f 0 0 ~ tfJ :T tfI tII tIl .... _. 0 ..- ';3 g. t.O? ~ 0 -g ~ Q t:3 5 ::1 E!. 0"'" :::! e:: VI -.J -..0 VJ' en =:: ~ a (Il.. ".-_-- '" ....'" ",.. _wo ...... $ ~ ~ ;i~. g 5: a ~.' ~ ~ ~ ~ g 8 ~ ~o Y' y. ~ g ~ ...... n :;:3 n'ij::;I'.::lofSn -t a ('1)00 OO~ ~ En l:: CO':> Ef..r+ _. tfI c: ::;: 0.. ~ '"d _. tfI VI tfI 0 0 "4.J. 0'1 N ~ en ~ 0 a::J 3: ~ "1 Jg ~~ ~ ~ 0;> 0 S>> C1l ~ - 8 '" ~ _. CD en _. ~ ni ~ ~ ~ ~ ..0 ~ N ::; - - .l" "" ;I> g 0. o' ::tl _. ::>" - ,... ,.... . . ...... io9oj 0 ~ ~:j tfI ~ ~ ::1 en tfI ::s ~ ~. ~ ~ ~ ::P ~ -,w = o!O ~ g -'.{!l ;:;.~ ~ ~ g g ,,(JQ . . 1-3 r.n ~ 0 - """!::,'1:IO'I2.El-.::I '" 0 e ....0.... (t ~ tv (1) a ><: =-: ~ ::T ~ ~ g a. l......J CIl .p ~><"d:::::~&g e- .a ..... z ~ 'D < ::I. '" 0",.. rJ _. M S rJ'J ..... oo=~ Ci"0"":T en ::;. ~ --ct~_c~ n _. ~ > ~ "0....=0-:;: ::>" g 0" ~ 0 :::;.8nngg. ~ en ~ :1 .8 ::r. E. g ::c: '" ~ r; ~ 0 t::l ::T . "'.... q t:J ::I a ... 0. 2 ...,. S' n ('1) 0 tfI _.~ 3""'" ~ ::>"8-'::Ie '" S. !li 0 ..... ",,,.-0.::1 ,<::>" - t:l" '1:1::1 ~_.- " 0 1-3 ~. ct fir 1~:5. ....... ~ '"1 ::s en :-;. og.g "d ~ go t!!j en ~. e:. ~. ~ g G rJ1 g ..... _ tfI r-+ VI en f""t- o 0 0 0 CI'J C ...... ~ ;' ~ 5' 3. s: g o~ ('"g ("t) g .. ~.....o tfl ;n .- g.g_ g.. ~ '"d _. 0 0 ~. ~ a (I) a:; g ~ "d ~'g .; c:;l N ~ a V5 "< go.. -g~d (b 0 :1o.~ n "'1 "< "1 ::>" '" . ~ '" '" " ;:1 ~ ~ o ..... EXHIBIT A ere C~O'IWC6-) EXHIBIT 3 PAGE 7 OF g PAGE /5 OF /& Amend FWCC 22-1 to add the following definition: Cottage Housing Develooment (CHD) means residential development consisting of clusters of between 4 and 16 detached dwelling units, that include cottages and may include Compact Single Family units and meet the following criteria: (I) Dwelling units are limited to a maximum square footage: and (2) Dwelling units are grouped around a common open space: and (3) Developments meet a set of design criteria not applicable to typical single-family developments as stipulated in Article XII of this Chapter. File #05-104945 I Doc. I.D. 36417 EXHIBIT A(re DIIDr f-.lANc..e..) EXHIBIT .3 ~ PAGE ~- OF ~ PAGE /fy OF n ---------- Ilsa~asf26I~n":'CRT5:jl~[s2~~"M".......~,,,.~,,:::,::,:::,",:,,:==::,::::,'w:""-:':'''::~-''"":::'''::'::,:::::'::::'':'''',: .."'"::~,,@:,, ,_ _,@,' . ..: :'.::::: Pagel From: "Jim Soules" <jim@cottagecompany.com> To: <isaac. con len@cityoffederalway.com> Date: 6/5/2006 9:33:37 PM Subject: CHD draft code Isaac, Thank you for sending me the draft CHD code almost 2 months ago. I just noticed the first hearing is this Wednesday - Feb 7th. I apologize, but yes I have some thoughts. First I am very impressed with the draft. you've worked hard to address some of the issues that have come up. Here are my thoughts in a general sense - ask if you need more detail or why: Site size - one acre might be too large. I suggest. 75 acre. Our Greenwood site is about. 75 acres in an R6 zone that would have been four 7200+ SF lots, and we built 8 cottages - a good size. Minimum number - I feel 6 is minimum. If site is one acre and zoning is R4 then it's unlikely a developer would do 4 CH when the could do 4 unlimited-size homes. Link the minimum to the minimum site size. It's great you have a larger minimum size - the problem Shoreline CHD's were developed on two 7,200 SF lots on a corner. I like your corner restrictions too. Minimum Lot Size - It's not realistic to have 2,500 SF lots in R5, and 3,600 SF lots in 7.2 zones because at least 25% of the site might end as a common tract with detached garages, courtyard, community building, storm water facility, etc. But it looks like you were using that computation as the way to allow more homes. I think you need to reword. BUT - I'm a strong believer now that the increase should be based not on units per acre, but on the number of lots that could be developed under the R zoning. As an example on the Greenwood site only four 7,200 SF lots could be developed and thus we developed 8 cottages. But with the underlying code there could have been 10 cottages which would have not made such a good project possible. On Kirkland's Innovative Demonstration project they used this approach and required a proforma tentative map to be submitted as part of the application. Two of the problem Shoreline projects were a problem because of too many cottages. Common open Space - Suggest it include a community building. But not an open storm water detention pond. It must be usable. Private Open Space - Needs to be in front of the cottage - not along side or in rear. The front yards act as a small front yard setback from walks. Also most of our residents do not plant lawn in their yards, but beautiful ornamental plantings and some hardscape. An minimum dimension should be 9 feet. Roof pitch. We've needed to have a shallower roof pitch on some shed like porches. I suggest that 80% of the building have a 6/12 pitch, but none less than 4/12. Covered Porch - 80 SF is good, but with a minimum clear dimension of 7 feet. Or you may get a 4 foot by 20 foot useless porch - like Shoreline did. Parking - The visibility and location of parking was one of the two biggest problems in Shoreline. Lots to say on this: The projects looked like multifamily because so many garages were visible from the street. It's been a struggle to codify this problem. An objective is that a CHD should have a similar character to standard SF. This problem will first be solved by making sure the number of units is not pushed to the limit by using the underlying density. Using the number of lots will reduce the number of units allowing more room to get EXHIBIT Lf PAGE t OF z -.- ----- Isaac<<C'onTen .~cR (raraft code ,m~~".. ,.. """",,"wn...m... Pa e << .-- ., >OC_ " ~~'V , parking to the sides - look at our Third Street Cottages site plan. Require garages - at least one garage 12 feet wide with 9 foot garage doors. No carports - they look like MF, not SF. Garages are also great for storage and bicycles. At least 1.8 spaces per cottage - Greenwood is 15 spaces for 8 cottages and there are 12 cars there so that leaves 3 for guests and service. Conover is 2.0 and just fine. But good to allow some credit for new ROW spaces. Height - This was the second problem in Shoreline - tall skinny houses. The original intent was that cottages be one and one-half story buildings - about 700 SF on lower floor and 300 SF for upper bedroom and small bath. But with a slab the 18 foot height allowed full height walls on both floors. Reduce base height to 16 feet and total to 24 feet. And to avoid a 1,100 SF tall skinny home with 550 SF on each floor require on at least 75% of the homes that the upper floor not exceed 35% of the total SF. That's enough. I'll try to respond by email before the meeting and will try to make the meeting. Also call me on my cell if your wish - 206.579.8731. I hope this is helpful. Jim Soules The Cottage Company, LLC Ph: 206.525.0835 Fx; 206.527.9128 www.cottagecompany.com CC: "Ross Chapin" <ross@rosschapin.com>, "Linda Pruitt" <Iinda@cottagecompany.com> EXHIBIT L( PAGE 2- OF 't , , H ~a c k W 0 r t h G r (l'U p Arc h i te c t u reI P I ann i n 9 1932 First Avenue . Suite 1100. Seattle, Washington 98101 (206) 443-1181 Fax (206) 448-890B 3Aug06 RE: City of Federal Way, Cottage and Compact Single Family Housing Ordinance Council.Members, Issac Conlen, Randy Forsyth, Brenda Fodge: Thank you for the opportunity to address several items in the Draft ordinance. Before I start, I would like to introduce Hackworth Group ArchitecturelPlanning to everyone. We specialize in housing of all types and have been working on projects that are now called cottage housing for many years. One of our first projects, designed in 1993, Madison Cottages on Bainbridge Island, has received national recognition. Over the years we have developed a sense of the design elements necessary for a successful small-lot or cottage housing development. Our goal has always been to provide home buyers with choices that meet their needs, and this requires and understanding of residential design as well as market trends. The flowing is an itemized key to the edits I have made on the Draft Ordinance: 1. An emerging trend in home ownership is the dual-owner household. This can be two friends or two siblings. Home prices are out of reach for many people, and one way to close the gap is to combine incomes with another person. This creates the need for what we call a "dual-master" plan, which has implications later in the ordinance. 2. This subsection seems unnecessary. Subsection (c)(I)(b) establishes the number of CSF units permitted on the site. This number is less that what would be allowed for Cottage units, which is the intention. Also, as a practical matter, the method for determining the allowed number of units in a development with both Cottage and CSF units in not defined in the ordinance and may lead to conflicting results. Deleting (c)(1)( d) solves this potential dilemma and leads to the intended result. 3. The upper limit of 1000 sf is a little low; we have found that 1100 sf allows for more flexibility to design for a wider range of homebuyers. 4. Likewise, if the upper limit for cottage floor area is increased, so should the lower limit for CSF floor area. EXHIBIT Lf PAGE s OF g 5. This restriction is quite severe and definitely eliminates all but a narrow range of household demographics. For example, even if the upper limit for cottage floor area is increased to 1100 sf, this subsection limits the upper floor to 385 sf. Assuming that the master bedroom = 150 sf, a small closet = 30 sf, the stair landing = 30 sf and the master bath = 72 sf that leaves only 103 sf for the second bedroom (110 sf), its closet (15 sf) and a hall bath (45 sf). One might argue that the second bath is not necessary, or that the room size assumptions are too large, but such an argument does not take into account the way people live today. In fact, the restriction prescribes either a single person household, which is a very narrow market or one with two secondary bedrooms with a hall bath on the upper floor. In any case, it is very restrictive and certainly eliminates the "dual-master" household. The 35% restriction is intended to reduce the tendency towards tall, skinny plans that everyone seems to dislike. I can empathize with this desire but the ordinance may not be effective. There is nothing in the language prohibiting the placement of all 35% right at the front of the structure where it would have a negative impact on the scale and charm of the street. I propose an alternative method to achieve the desired result: restrict the plate height to 12' for the first 4' to 6' of the front of the house. The ordinance already limits the height to 18' and 24' at the ridge, so combined with a more restrictive limit where it has the most impact will ensure the proper scale while allowing the builder more freedom to appeal to the broadest market. 6. As written, the ordinance may be interpreted to only allow the affordable bonus for projects that have a base level of at least 12 units and not for those with less than 12. 7. See 6. above. Sincerely, A. Philip McCullough Principal Hackworth Group Architecture/Planning EXHIBIT~ PAGE LI OF g ---------------- -------- Article XII. COTTAGE AND COMPACT SINGLE FAMILY HOUSING Sections: 22-xxxx Purpose 22-xxxx Applicability 22-xxxx Development Standards 22-xxxx Modifications . ..__..,,_ ~Jr..L..."""~Hf%.I& t4~~ 22-uxx Purpose. 6 The purpose of this Article is t ,'. 1) provide housing types that are responsive to changing I, household demographic, (e.g.. retl...... man families, ,ingle paten' household,. single penon households); (2) provide opportunities for more-affordable housing within single-family neighborhoods; (3) encourage creation offunctional usable open space in residential communities; (4) promote neighborhood interaction and safety through design; (5) ensure compatibility with neighboring uses; and (6) provide opportunities for iofill development consistent with goats of the Growth Management Act. U-uu Applicability. Other articles of this chapter sban be applicable to Cottage and Compact Single Family (CSF) Housing DevelO$)ments. which coUectivel'y, are referred to as CottaVe HQusinlJ Developments (COOs). Where a conflict arises the provisions of this article shall control. CHDs are permitted in the RS 5.0 and 7.2 zones and aU RM zones. 22-uxx Development Standards. CHDs shall be subject to the following development slandards. (a) Cottage Housing Development Size. (I) CHDs are not pemlitted on sites less than .75 acres in size (a site may be composed of more than one lot). (2) CHDs shaUcontain clusters consisting of a minimum .of4 dwelling units and a maximum of 16 units. In RS 5.0 and 7.2 zones, no more than 12 dwelling units are permitted in a CHD. unless additional dwelling units are pennittedsubject to subsection (m) below. A CHD maybe integrated into a larger conventionaJsubdivision. Maximum number of dwelling units is not limited in the RM zoning classifICations. (b) Locational Criteria. (1) A CHD in an RS zone shaH be separated from another CHD by a minimum of 660 feet measured ~'een the closest points of the subject properties. fc) Calculation of Cottage and Compact Single Family Unils (]) Th~ foHowing steps shall be utilized to determine the number of couageand CSF units permitted on a given site: (a) In the RS zones the applicant shall submit a proforma site plan showing the number of conventional dwelling units that would be permitted by the underlying zoning classification. This number shall be rounded to the nearest whole number. (b) The number calculated in subsection (c)(l)(a) above shan be multiplied by two in the cas.e of cottages and 1.5 in the case of CSF units, The resulting number is the number of cottages and <;SF units permitted on the site, subject to the maximum identified in subsection (a)(2) above. EXHIBIT 4 I PAGE s OF '6 ----------- ------- (c) In the RM zones one cottage is permitted for each 2,500 square feet of lot area and one CSF uoit is permitted for each 4.000 square feet of lot area based on gross lot SIze. 't,.. (<<I) C~f tI.,it~ 1I~.~1 fllJt 8!ftl!'S JSK.d;g_'~\.~Ui..C I"'. Nlwle8/J efdlulI'M. (d} Cottage and Compact Single Family Unit Size. I,I~ ~. ( I) Cottage floor area shall be between 800 ao~ uare feet. I. I (It:> 4-. (2) CSF unit floor ar shal 1300 uare feet, , ,. (1) ~.g.w a.a ~ftM iillilRll ilSIiIJl8hal. 1181 ....eed U,...... &~t8le1 ikler Met.. (4) Floor area is the area within the surrounding exterior walls, but excluding space where the floor to ceiling height is less than six feet. Floor area does nOI include covered . porches. The Dire<:torofCOInmunity Development shaUuse appropriate discretion. consistent with the intent of this Article in determining area to be counted in the calculation of maximum lKluare fc.:>otage. (e) Common Open Space. (l} Am inimum of 500 square feet of common open space shall be provided per dwelling unit. (2) Common open space within a CHD shall be a minimum of 3,000 square feel in size, regardless of number of dwelling units. (3) No dimension of a common open space area used to satisfy the minimum square footage requirementshall be less than to-feet, uulesspart of a pathway Of trail. (4) In subdivisions and short subdivisions, common open space shaH be located in a separate tract or tracts. (5) Required common open space shall be divided into no more than two separate areas per cluster of dwelling units. (6) Common open space shall be improved for passive or active recreational use. Examples may include, but are not limited to courtyards, orchards, landscaped picnic areas or gardens, Common open space shall include amenities such as seating, landscaping. trails, gazebos, barbeque facilities, covered shelters or water features. Surface water management facUities shall Rot be located in a common open space area. (f) Private open space. Each dwelling unit shall provide a minimum of 400 square feet of private front yard space. (I) Examples include lawn area. courtyards and patios. (2) No dimension of a private open space area used to satisfy the minimum square footage requirement shall be less than 9-feet. (g) Site Design. (1) A minimum of 75 percent of dwelling units shall abut the common open space. (2) Common open spaces shall have dwelling units abutting at least two sides. (3) Lots in CHDs are not required to abut a public street right-of-way, (4) Siting of dwellingunits or common open spacem areas with slopes exceeding )5 percent is not encouraged, Dwelling units shall not be placed in such areas if extensive use of re14ining walls i~ ne\:essary to create building pads. or open space areas, . (h) Design Standards. (1) Dwelling Units shall have a minimum 6: 12 roof pitch. Up to 35 ~rcent Qf roof aNa roa)" have a slope not less than 4; 12. Portions of a roof with a pitch less than 6: 12 shall be limited to. architectural featyres such as dQrmers. porch roofs and shed roofs. (2) Each dwelling unit abutting a public right-of-way (not including alleys) shall have a primary entry and covered porch a minimum of 80 square feet in size. oriented towards the public right-of-way. If abutting more than one public right-of-Yl>'ay, the applicant, with city input, shaH determine which right-of-way the entrance and covered porch shall be oriented towards. EXHIBIT 4 2 PAGE CJ OF ~. ----------------- --- -- (3) Each dwelling unit shall have an entry and covered porch oriented towards the common open space. If subject to (hX2) above, this may be Ii secondary entrance with covered porch, a minimum of 50 square feet in size. lfnot subject to (hX2) above this shall be a primary entrance with covered porch, a minimum of 80 square feet in size. (4) Covered porches shall be a minimum of 6 feet deep. (5) Dwelling units shall not include attached garages unless the garage abuts an alley or shared parking lot, The first 200 square feet of attached garage space shall not be counted towards maximum dwelling unit size allowance. (6) Detached garages and carports associated with individual dwelling units shall not exceed 500 square feet in size (detached garages or carports shall not count towards maximum cottage or CSf unit size allowance). (i) Parking, (I) A minimum of 1.8 parking spaces per cottage and 2 parking spaces ~r CSF unit shall be provided for the entire development. Fifteen percent of total required spaces shall be designated for guests. (2) All or a portion of new on-street parking provided as a component ofthe development may be counted towards minimum parking requirements if the Director of Community Development finds that such parking configuration will result in adequate parking for the CHD. (3) Garages and carports shall have a minimwn 6:12 roofpitch, (4) No more than 50 percent of covered parking spaces may be carports. (5) Garage doors shall not be oriented towards a public right-of-way with the exception of an alley, (6) No shared garage or carport may exceed 800 squarefeet in size. (7) Garages and carports shaUnot be located between the common open space and the dwelling units., (8) Surface parking lots shall be broken into sub lots of no more than 8 parking spaces. Sub lots shall be separated by landscaped bulb-outs a minimum of 12-feet in width. (9) Parking in the fonn of garages, carports or surface lots may occupy no more than 40 percent of site frontage on a public right.:of.;.way. except in the case of an alley. in which case no restriction applies. On-street parking is permitted along the entire frontage. (IO)Surface parking lots shaH be setba.ck IS-feet from front property lines and 10-feet from external side and rear property lines. (II )Surface parking lots of more than 2 spaces, visible from a public right-of-way (not including alleys) or adjacent single-family uses or zones shall be screened by landscaping andlor architectural features pursuant to FWCC 22-1567(e). fj) Height, Dwelling units shall not exceed 18 feet in height, as defined in FWCC 22-1. "height ofstructure"and in no case shall the ridge ofthe roof exceed 24 feet from average building elevation. (Ie) Setbacks and Building Separation. Dwelling units shall have IS-foot front and 5-foot side and rear y.ard setback requirements, Dwelling units shall be separated by a minimum of 10- feet, not including projections, as identified in FWCC 22-1133(4), Dwelling units and accessory buildings shall be separated by six feet. Dwelling units not abutting or oriented towards a right-of-way shall have a front yard oriented towards the common open space. The Director of Community Development may use appropriate discretion. consistent with the intent oftMs Article, in determining orientation of yards in CHDs. (1) Lot Coverage, Lot coverage in CHDs shall not exceed 60 percent of gross site area, Lot coverage shall be calculated for the o\'erall CHO, not for individual lots. Paved components of common open space areas and walkways shall not be counted in lot coverage calculations. (m) Affordable Housing &mus in RS loning Cla,fsijications. In the RS zones. CHDs that include (,. affordable units may exceed the base level of)ll dwelling units up to a total of}8 dwelling EXHIBIT .. tf -+ !rO"I"~~ .3 PAGE -:t OF ? ------------ units (assuming adequate overall lot size). One half ofall dwelling units over the base level 7. ~ust be affordable (for example, a total of four additional dwelling units may be perm itled if two of these are affordable). (I) Affordable cottages shall be sold at a price which is affordable for a 2.person household with an annual income equal to or less than 80 percent of median income.. Affordable CSF units shall be sold at a price which is affordable to a J.person household with an annual income equal to or less than 80 percent of median income, The Director of Community Development shall prepare administrative guidelines for calculation of sale price and determination of income eligibility. (2) Affordable dwelling units shall have the same appearance and utilize the same exterior materials as market rate dwelling units and shall be dispersed throughout the CHD, (3) A deed. covenant or title restriction shall be recorded On the deed/tide of affordable dwelling units. The restriction shall effectively maintain the units as affordable for a period of not less than IS years from initial occupancy. The restriction shall be in a form acceptable to the Director of Community Development (n) Common Area Maintenance. CHOs shaH be required to implement a mechanism, accepable to the Director of Community Development, to ensure the continued care and maintenance of CHDcommonareas, A typical example would be creation of a home owner's association or condominium association with authority and funding necessary to maintain the common areas, (0) General Provisions. (I) CHOs in the RS zones are permitted as subdivisions, short subdivisions or condominium developments, CHDs in the RM zones are permitted as subdivisions, short subdivisions, condominium developments or multi-family developments. (2) A community building, not exceeding 2.000 square feet. may be provided for the residents oftheCHD. Roof pitch. architecture, materials and colors shaUbe similar to that of the dwelling units within the CHD. 0) An existing single.family home incorporated into a CHD, that does not meet the requirements ofthis article is permitted to remain on a site developed for cottage and CSF housing. Modifications or additions to the structure not consistent with the provisions of this Article shall not be permitted. (4) Accessory Dwelling Units are not permitted in CHOs. (5) CHOs may not utilize the cluster subdivision provisions of FWCC Chapter 20. (6) For those CHDs processed as formal or short subdivisions. all development standards of this artic1eshall be reviewed by the Director of Community Development as a component of the preliminary plat or short plat review process, For aU other CHDs the development standards of this article shall be reviewed as a component of process III or IV review (see use zone charts for required review process). In either case this shall include review of conceptual building elevations, 22-xxxx Modifications. Applicants may request modifications to the open space. site design. design standards, setbacks and parking provisions of this article. l'he Director of Community Development may modify the above referenced provisions of this article if all of the following apply: (a) The site is constrained due to unusual shape. topography, easements or critical areas. (b) The modification is consistent with the purpose of the article as stated in FWCC 22-xxxx" (e) The modification will not result in a project that is less compatible with neighboring land uses. EXHIBIT Lf 4 . PAGE (( OF g "I ~o '", 2:""!1 0- '0 0 I "' :;;:g ~::3 .....- - 'I .. ;:'5. ,;~ ~~~ g~~ ~;. ;:S I (') ~---. _._----~-. -- 00 0 ::J ~ (J ('l) ('1) ('l) a- ...... ~ N ~.~ ~ a ~g ('l) "t:1 (i [ Q ~ ~ ~~I ~~ g~ g~~ g~ ~ ::J ~ 0- ~ ~~ i: ~~ ~;~ ~~ ~ Vl _. ~ y~ -i ~~ Zzm z~ ..... ('l) "t:1 I II ! "1 ii! Ii rI.J .......... ~ ::J r) ~ ~EB ~ (1 0 ::s 0 0 ~e ':00 C:::;._ (ll ." ~ 00 ~ ~ = f"to- Q ~ ~ = ~ "m -~ ~~ -....)"1 "~ '-cQ } S::"'Cl lri -~ "-<: "1 5 Nf"to- o .... EXHIBIT O~ O\Vl PAGE I OF <( - ------------~ --------------- 1 ~ Front. Elevation Scale: 1-8"= 1 ' -0" EXHIBIT 5 PAGE 2- OF L{ ----~------------------------ Q ~.... Jl12per Floor Plan Scale: 1-8"= 1 ' -0" 557 S.P. EXHIBIT 5 PAGE 3- OF Lf ~------------ ~-~. --.- - ------ - --- 1 , I . t t t I t a. ; .........'.............:.......~..................................D..... ...................................~....................:...:..................... : ... .... >c.,' ___ >..'."'.,..c. ,.-, ....,--.-.-- .-,_." .',." .-... ---,....', ., '. .'.c''-' ..',.',,,.,-. -.-,. ,. ,., '...' "c-, , t DEN .1 PORCH ~d Main or Plan ... OJ -::::r- Scale: _ 665 S,F, !9 otal S,F,- 122f S,F, :J: w ><CJ wif - ---------~-~---- ------ Umatilla Hill, Port Townsend, W A EXHIBIT & PAGE I OF ~ - - - ~ \ I \J ",,",I w...p. H d WI'. I ~D, POI2.T ~N ":~ '-'_. !. -^.,. ~,,~ ...."' - .... ~ ".---- ...., '" - . ) I ~arrow&tone \ I f Lot 61] !'L SOLO .-\ 1._,- . I. '. I . I ~ Egg& on ' I . .' lot 4 '_. t!' . I ' Block 2. ......., ~ SOLO '""'i1J ~. .....1 ., . . :--: - - - t 12..g 1 "7(7.',..'.1 : ,'!!!,,,,,",,,,",,;. -- .. , , ;&~...o;.il( _j . · Oungeness i .j Lot 3 I '("'; '_Ci""~;EOlI,tIr. -....- I '. ~a ,. " ~:t j "~lw-'grmgg~ ^ , o . '_~" " ~ -. ; ; EXHIBIT & ....' SrI*... '._ PAGE '2- OF;1 I I .< r~' 't'~;.' ,;,i' "~~'~~-I a;, ":..,tr. ,i '-;>< _i' PAGE .., 'OF 1)' ,S "ln1' >_",", ,,"i 'i.' ill Ir li'!l ~ , " ,'. I }If!,1 , 11.'1 . Iii j ..' , ... ., I. -~~. ;.';; . ,..J .,., ~"i< .. . . >f. '.' ...~.. _.' , . "".. t.~~~~,. ff~. ,..".,,.,>C,, "" ~._' '., " ! ',[:',~l:Jt"'"":~ ,. ... II.. I ., ~'", .'m' _'_<l < . -. - --- -- -------- l,;.j;rr ...~ .. ~-- , ~ --, , ;. .- ' . 1 LI , f -,~ , 4' , . . i, . ...t l_dJ ..... GR~NbJCOO AVfi!N~ Lc>~~5 CS>H.6e.e:LlN~ ( WA --- ~"-' - - ,...... . - ~......a- .............',.;.....I:i",.. . ir~':". """'~'''' EXHIBIT & PAGE 9 <'OOF <{ ~ I . "": 11/ . . , '=;., .. :J'M: .~ ,/;;Fo.:. .. ~I i "' , .. 4<"",,oli '<1 ii' ~ "0 ., ,.,'.~ 'r!~ .~ . , .' . .. , .n ~~~ ..... ~i i . " " ".~, . , . ~. .. . i .. - - . .' ~I I . . y \-a ~ ;, . f " -. - - 1 .td '.f!: l'- ~;':I- ~ J ~ - C4 '1 ~ - ~ l do - ~~ { c t'IJ. - 0.. ctr ..... .- IJ'\ "'C cu (: QJ U'J OJ IX . - . ._---""'--_..... - _......~--,., ... ,. -IN Nt; !flStl -J; EXHIBIT r; PAGE r OF g -- -------- --- Map Date: July 31st, 2006 City of Potential Demonstration City of Federal Way PO.Box 9718 Housing Project Sites 333258thAveS. Federal Way Federal Way, WA. 98063 - RS 5.0, RS 7.2, and RM Zones (253) 835 - 7000 www.cityoffederalway.com EXHIBIT 7 Poverty PugetSound Bay PAGE ( OF { u; <- This map is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to is accuracy. Information provided in this map is provided for illustrative purposes ONLY. ~ ~ Federal Way Actual boundaries are subject of field verification. Additional areas may exist. N ------ , Dem~>nstration Housing Facts Number Potential Bites 188 Number Sites On Vacant Land 67 Number of Sites thatare Underdeveloped 121 Total Acreage of Sites ,364.7 Total Acreage of Vacant Sites 175.92 Total Acreage of Underdeveloped Sites 188.78 Total Acreage of RM1800 Zoning 4.87 Total Vacant 4.87 Total UnderdevfJloped 0 Total Acreage of RM2400 12.56 Total Vacant 12.56 Total Underdeveloped 0 Total Acreage of RM3600 . 30.2 Total Vacant 15.12 Total Underdeveloped 15.08 Total Acreage of RS5.0 23.23 Total Vacant 13.8 Total Underdeveloped 9.43 Total Acreage of RS7.2 293.84 Total Vacant 129.57 Total Underdeveloped 164.27 Number of Sites in MF Zones 21 Acres 47.63 . Number ()f Sites in SF Z()nes 167 Acre$. 317.07 EXHIBIT ~ PAGE I OF I . ~""'.'..'.'.'."'."N.""'-" .. ..0.. .. F . t --~.b . t' ,,~, " i, 'Ul . ,. 'wi {I ,~ ~-~.... ". ..--.... ,."'~~~ ~ r-!f"~" '.,. .~. '1 . "'.C ",' "~ ' J~ . . _ .''''~ . ... . ,,,,. .., ,~ ." ~ . I "i'I .,1 _" ,...~~. ~.. ....'....,.. '" "'''''... ~ .~ ~ .. " , iO<.'- ..1"'- . ~ - "; """,\\ , ~ ", . '" ... ,T ':'""';'''~ .~:fit' ~ .. . . ~. - A:.i.W"r iJlfi F . ~ ot" ......... . - ,.~ Ji;", .. .. ...--, 'II . ,. I , '~'.."-'..'..'....; ~ "J~1~ ~ ~, l)\ _~~ .B~.-~ :~ .;.~\" "''<<' - 'f:,~:? .~;:t ii' ~"'~ ,.,., ~}"'C~":"': . ,,'. '.. ....,'. '. .'..,......,~.::.'.."............ ~......,...........,.. . "".."'1.1' 1'" .~ ~i.w itJ' . "\'.'. -~ . . " '" , . .'. "J. . " ./' ...., / - , I ,,\ . III .. ,~ 'l~ ~ =' II IIi_, _ _" ill.".... . ! .Ill' _ __ _ .,., . --- ... ~ . . i . - , I i ~ . , " I, ....." ,.,,_,_, '1';r. ..~- ';""1_ IF"'\' _ ~~'" . . 'f.;.. "'1. J.fa:;, I ~... II ----tf ' . .' .~>M -- 'r ~ _ c..,: ~. . II : '"...~ .......;..... , . .r. .::k.t!"'ll>,.,>,~, "~. .,,1Li.,. . "" .. .~..~, . . III _~",. ~ --*"l't: . itJr~ " "a, ~......... ...",,~ .,~ .. ",...,' , ;-, -;"11: --..J . , -' ~ ~~'. -.'~.-..... '.."l ~,'""~.'...:.~.. ... '.. .... '.' ...~... pn;."flI;I',. .' · "l. '. ..'-...P"'f ., " "'i!J. . ..... "'i;. .., .. .,. .'11- _.....~.m~..~.. . T . . llJa -<<- ~ -_ 1(', _ ... ., - ... ". "".'!'" ... '. ~ ......'. '.. 'I,. ""~".,'. ........ ..#., '.. 10 . .......,..~,., . ,." I." .' .. ": '.... ;I.B:>lI ,,~ ,. ,> . I ~ ~"'."'Ie ,~.. ....,'~.'f~.'.'f:, .... ., .. ,'.".",~-, '. . ..:." ..... .,. _i:". ., ..... - . or'l.. .... " . -~~ ... .. .... .... ,. " . ! '. ...; -. 8....... ' .. ~ , '. ~ , .. l' l f ~' .' J "'~Ij 0'" p~.' \- I. .~ ~ -, , ".T_ ~ ..,... -- -r: '-,'" .~iI_~ " i. " ~ ~ , ~ ~. ,. · '.. . ' J".' · '" I . !J .P 1 .' . l , . 1 ~;.: !" .-,r. "i -. '1.:i . .:<! . ,.. .. , - II! '. ~ ..- !!II . .. '," r ..... i ~ ". ~~ i- ". . ... . '.11::.". ',:", i,' . ..filI" "" .' .. , ~, ".' " ' ... " ". ~;.. .. '.'41 \ ~ ."._ .. r" ,'liT. p , . ~ '.' '. .I "-:- .... " ill . .- T llIIIiII Ii f,; ~l~. ". ~: _, !Io "~.... _, ' . I' .. , ., , , .. ~~ -:~j,- "."'1 .. : \ ~'l ~ ".,.,...,; ~. -".F~ > ~'^;J ,_1 ..... ~ t' '$ ~ l'@ ," ,j -~~ ~~ .J , !~ - , ~ It' ~ . .' ~ ,- - .. .. -. " " ~ ; ,. f ~ . GrrzEJ:l.!lJ bJ coo AVPNUf! Co~1'-5 5\-t6eJ;::L1N~ I WA t - . - -_..~ .' . - . - ", . ...~..... ........ ......- .......... .~ .~... . EXHIBIT ~ PAGE ~ <'OOF <{ - ,,' I .... .1 ' . ~ . .. .~.! : . .( ! ' .' ,...'.."" 1 -..- ! :Io) .., ,". _. .., I . .,WI., _. . -- ,: j..- ...:~_. .r.A;" . II. '.... t!ItIt"- I .t'. .. i I" . ..... :' /~ "'1-,.... ,. .,' · . ..... ", "" '. , . '. , r .. ..... I .1. .... .'. . I '.... ..,,'''>0....,-... ."."~'.- 11. ' ,. .f" . ': .' . . " I ....~I l , I ,'.:11 ., I . h.., , , ' , .~. ., -"...~ '.................".,' ~~',' 151';' ! '. . '. . ~.. - . ' I . ....~_I'~. ., . or.. " ~'.'.I.,.-,..._................... ,/ .. I. r. _., ".1-".. L. . ~ . " .' ./1' II ~.I LI~ I ' . . I '. . I L " . I " . ~ -,~ot.1l: I .. -r-~ -.-.. ~.I. '.,.1... ...1. ..'........... .'.' · - ..... J -I,;. - : . .1 I .. I -I "..1 t. ;"'j.~ .i. .J,:t" . . . ", ~ I. ' 1 Ii., 'I..... -?' ~. -1\:1 -, -'''! ! IT". ....?". _ '.~ . .' . '- '\ .., . , ',.' -' ", '_ c' --,--- ,",,-'-"--'" ^~" ,"", . . . " . - .. '. -:~ - '-06'... t''':-. ..., ", , - . I ,. ..,. . '.'J ... _ -".-"'. i' I . -~ .J:~.'V . .. . I h , .. --"""f'''-''''_'_ ._.. ' .. '..m. _'_'_.".~ .~ · 'l .~_ ,,---~ ...........;- -.' , , '. J' . t if. ' I .: . ' . . ".. , , ... ..:' I · " " -'i. . -', II; .. . i. . ,,1,., " .. r " ~,~.~, ') , ,- .. - .. I . . -.. . ", " . ... , . '.... ~ ' ~ , ~ .. I JJ r r 01' 'L" """" .i: ~',..-" /". .. . . .' . ' . , . J . . ...~... ". . ! ..1 ;.. . -. . .. . ,~ , If l- ". . " ' . J .. ., , ~.... . !if _ ---------------- --- ---~---- Umatilla Hill, Port Townsend, WA EXHIBIT (r? PAGE I OF ~ "\ - ( , 1"1"'-\'1 I.J--4> K" WI'. V >G=ND, po-z.-r ~ " ...... ....... . ---- ' ~- ,- ~.... IOMrr . . _ .' .~ h ~rroW$tOne \ IP f LoU . L.~~_.-\ '.' I I. .'. Egg. & r. i~ . . f LoU .H " · SOLD Block 2 ~ _. L - - .....;.II( I 1 .~.'_.. , r-=- ~- '.1',,,,. .' . .'.~ . ..DUngeness r- ~: ;~: ---... 1: ~ '11 LO~..;... I ! ~ -'-". fLl.;l , -- ~~~c.. _ "' _, :jf .... ;aglem~unt . I r Lot 2 ...._ .~.. - , "'-- '-, L I _ _.. ... ~ . iii'.'.. ..."..'..:..... ... . "-"- . t ~lwh~ · .' Lot 11 .....,.... · t.... !>))'S O..LDJ~-~. I.' ".. '. .......... ..... ..,. '~.. .....,....... '.." .....'~ ' ~ -...~, 4 ..... ,....,,,.... - '.. . ...-,..,;::~~ . · g' . 'b .i'1 go ' -- - . , - · , '...J..,. , ''''1 . . ...._ ' ...... -- i "".II-',-\EXHIBIT (.,. PAGE ' 2- OF?? ~- Jol Il,,! ~ .1.;, ~ 1 ! r ~ - ~ ~ ~ cl I l ~ ~~ I < c ", 0: OJ .... I u; I I I I I I ~ I c: ' QJ I ID 0::: . -- .... · ..N..".....__~__.. _~._.., ~ . EXHIBIT (;, PAGE '/ OF g ----- ----~ COUNCIL MEETING DATE: September 19, 2006 ITEM #: 5-d ......_.__..............""_"._............... .....n"''''nn.._....... ........................................................................,............................"-.....,."""..,,............ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PURCHASE OF THREE ADDITIONAL I'I:RONIX LAPTOP COMPUTERS FOR MARKED POLICE PATROL FLEET. POLICY QUESTION: SHOULD THE CITY OF FEDERAL WAY PURCHASE THREE ADDITIONAL ITRONIX LAPTOP COMPUTERS/ MOBILE DISPATCH COMPUTER FOR MARKED POLICE PATROL VEHICLES? COMMITTEE: PR&PS COMMITTEE MEETING DATE: September 11, 2006 CATEGORY: r8J Consent D Ordinance D Public Hearing D City Council Business D Resolution D Other .~.!~~~:g~~Q~!~Y:Q~::\~!r:<:~.!\.~.Tr:<:~..TIy~!\.~.x..I<S~Y~r:<:.xm. . DEPT: Public Safety ................................................ Attachments: 1. PR&PS Committee Memo 2. Microsoft Excel sheet outlining current Itronix laptop computer utilization. Options Considered: 1. Purchase the Three Additional Itronix Laptop Computers for Marked Police Vehicles using $10,000 from the 2005 JAG Grant (WI-FI) and the remaining $6,000.00 from the 2006 JAG Grant (Docking Station) 2. Do not purchase the Additional Itronix Laptop Computers; however, once we install the Itronix Laptops in the last Five Patrol Cars, we will not have any spares. If anyone or more of our Patrol Car Laptops becomes inoperable, the entire vehicle is taken out of service and could potentially remain out of service for several weeks ..........................._............. STAFF RECOMMENDATION: Staff recommends Council Accept Option 1: agree to the purchase of three additional Itronix laptop computers for marked police patrol vehicles using $10,000.00 from the 2005 JAG grant (WI-FI) and the remaining $6,000.00 from the 2006 JAG grant (Docking Station). CITY MANAGER ApPRO V AL: Council COMMITTEE RECOMMENDATION: PRPS RECOMMENDS OPTION # BE ACCEPTED AND FORWARDS THE AGREEMENT TO FULL COUNCIL FOR ApPROVAL ON SEPTEMBER 19, 2006. r. "- \ ~ G-l ------- ----------- PROPOSED COUNCIL MOTION: "I move approval of the purchase of three additional Itronix Laptop computers for marked police patrol vehicles. " (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 # REVISED - 02/06/2006 RESOLUTION # b-2- - --- -- - -- ---- ~-- CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 11, 2006 TO: Parks, Recreation, and Public Safety Council Committee VIA: Neal Beets, City Manager FROM: Brian Wilson, Interim Chief of pOlice,!t ~ ctJl'llIOlf SUBJECT: Purchase of Three Additional Itronix Laptop Computers for Marked Police Patrol Fleet. Background: In the year 2003 the City of Federal Way, Department of Public Safety began to purchase Itronix laptop computers (Mobile Dispatch Computers), as replacement for the Panasonic Toughbook laptop computers. Since that time The City of Federal Way has continued to purchase the Itronix laptop computers, phasing .out department use ofthe Panasonic T oughbooks. Currently the Department of Public Safety is operating the marked police patrol fleet with forty-five Itronix laptop computers. The Department of Public Safety is operating the remaining five marked police patrol fleet vehicles with Panasonic Toughbooks, which are not currently supporting all of our technological needs. The Itronix laptop computers and the Panasonic Toughbook computers can not utilize the same power supply to provide power from the car to the computer. The City of Federal Way, Department of Public Safety currently has five spare Itronix which are used when a marked police patrol vehicle has an inoperable Itronix laptop computer. Ifwe were to use the remaining five Itronix laptop computers in our inventory, the marked police patrol fleet would be completely outfitted with Itronix, yet leaving no spare computers, There is a need for a minimum of three spare Itronix computers, one per shift. When a problem arises with an Itronix, without a spare to replace it, the entire vehicle is taken out of service. The vehicle, without an Itronix could essentially be out of service for several weeks. By adding three additional Itronix laptop computers to our inventory allows us to keep vehicles in service while broken computers are repaired. Additionally, purchasing three Itronix computers streamlines the patrol officer's technological needs in the field, hence eliminating the technological and power supply issues that the Panasonic Toughbooks create, Prepared by: Quartermaster Tiffany Krusey 1 L~-3 ~- ----- 633 2000 Crown Vie SRO 639 2001 Crown Vie SRO 640 2001 Crown Vie SRO 642 2001 Crown Vie SRO 643 2001 Crown Vie PRO-ACT 644 2001 Crown Vie PRO-ACT 645 2001 Crown Vie SRO 646 2001 Crown Vie MALL 648 2001 Crown Vie TRAFFIC/L T 649 2002 Crown Vie DAYS 652 2002 Crown Vie SWINGS 653 2002 Crown Vie DAYS 654 2002 Crown Vie GRAVES 655 2002 Crown Vie SWINGS 656 2002 Crown Vie DAYS 657 2003 Crown Vie DAYS 658 2003 Crown Vie DAYS 659 2003 Crown Vie K-9/SWINGS 661 2003 Crown Vie SWINGS 662 2003 Crown Vie GRAVES 902 1997 Ford E250 TRANSPORT 903 1998 Ford Wind Speedwatch 904 1992 Chev SV SRT 905 1984 Chev Tk Crime Scene 906 2002 Chev Exp All Hazards 5032 2005 Crown Vie SWINGS 5112 2005 Crown Vie DAYS 6012 2005 Crown Vie GRAVES 6022 2005 Crown Vie DAYS 6032 2005 Crown Vie GRAVES 6043 2005 Crown Vie DAYS 6052 2005 Crown Vie SWINGS 6062 2005 Crown Vie SWINGS 6072 2005 Crown Vie DAYS 6082 2006 Crown Vie GRAVES 6092 2006 Crown Vie SWINGS 6102 2006 Crown Vic GRAVES 6112 2006 Crown Vie GRAVES 6122 2006 Crown Vie SWINGS 6132 2006 Crown Vie DAYS 6142 2006 Crown Vic GRAVES 6152 2006 Crown Vie SWINGS 6162 2006 Crown Vie DAYS 6172 2006 Crown Vic SWINGS 6182 2006 Crown Vie DAYS 6192 2006 Crown Vic SWINGS 6202 2006 Crown Vie SWINGS 6212 2005 Chev Tahoe GRAVES 6251 2004 Crown Vie K-9/GRA VES 6261 2004 Crown Vie GRAVES 6332 2006 Crown Vie GRAVES 6360 2005 Crown Vic DAYS Cl--- ~ - ------ ------- 9001 2004 FordEon35C TRANSPORT 9011 2005 Crown Vie GRAVES 9061 2006 Ford E350 Bomb Van 6~5 ------------ -~----- COUNCIL MEETING DATE: September 19, 2006 ITEM #: 5 - e .................................................................... .......................... ............................................... .................................. ......................................................... . . . .................. .......-.... ................ ................................-...........--...-..................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Washington Traffic Safety Commission Grant - Advanced Collision Investigation Training POLICY QUESTION: Should the City approve the acceptance of a $13,000.00 training grant provided by the Washington State Traffic Commission, which would cover all costs to host an advanced collision investigation course, "Human Factors in Traffic Crash Reconstruction"? COMMITTEE: Parks, Recreation, and Public Safety Council Committee MEETING DATE: September 11, 2006 CATEGORY: ~ Consent D Ordinance D Public Hearing D . City Council Business D Resolution D Other STAFF REpORT By: Connie E, Traffic Lieutenant DEPT: Police Department Attachments: 1. PRPS Committee Memo 2. Class Announcement 3. MOD - WTSC 4. Grant Request 5. IPTM Agreement Options Considered: 1. Accept the WTSC grant, amounting to but not exceeding $13,000.00 to cover all costs of class, Hosting this 40-hour course would also provide training to all (5) Traffic officers at no cost to the City. WSTC will cover all costs incurred up to and including a total of $13,000.00 2 .g~j.~.I?!....<lI?I?~.p!'.l.!:lg~....9.t~<l!:l!:m . .............................. ............................~...... . ....... ...................... . STAFF RECOMMENDATION: Staff recommends Option 1, to accept the WTSC Grant CITY MANAGER ApPROVAL: ~ 4i- Conunittee Council Co ee COMMITTEE RECOMMENDATION: PRPS recommends Option _ be accepted and forwards to Full Council for approval on September 19,2006. PROPOSED COUNCIL MOTION: "] move approval of the WTSC grant for the advanced collision investigator training "Human Factors in Traffic Crash Reconstruction". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED I ST reading 0 TABLED/DEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # t\~\ CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 11, 2006 TO: Parks, Recreation, and Public Safety Council Committee VIA: Neal Beets, City Manager FROM: Brian Wilson, Interim Chief of Police j,iJ,[\\r- sf)../,^" SUBJECT: WTSC Training Grant Background: The Washington Traffic Safety Commission Grant will allow the Federal Way Police Department, to host a Regional Advanced Traffic Investigations Training Course, which provides valuable training to Traffic Officers in the Region who are tasked with investigating major traffic collisions. The grant will cover the cost of the instructor, lodging and tuition of all attendees, and provide training to all (5) FWPD Traffic Officers at no cost to the city. The total amount of the training and cost of the course can meet but not exceed $13,000.00, all to paid by WTSC. The 40 hour training is a highly sought after advanced training that is normally held at the Institute of Police Technology and Management, ITPM in Jacksonville, Florida, which to send one FWPD Traffic Officer, would cost nearly $2,000.00. Accepting this grant and being the host site for this type of training will bring 25 additional Traffic Investigators from other Police Departments in the Region. Hosting this training will be the first of this type and will identify the Federal Way Police Department as one of the leaders in the Region for advanced training and will further establish our location as a possible host sight for additional training in the area, which is being considered by IPTM and WSTC. 1 \-\'- 2- ____m___ ********** TRAINING ANNOUNCEMENT ********** ATTENTION COLLISION INVESTIGATORS/TRAFFIC UNITS HUMAN FACTORS INVESTIGATION COURSE Presented by IPTM Taught by Patrick Robins Will be held in FEDERAL WAY, WA SEPTEMBER 18 -22,2006 Lodging, Course Tuition & Fees are provided courtesy of the WASHINGTON TRAFFIC SAFETY COMMISSION (in accordance with W A State Lodging Per Diem Policy) Transportation and Meals are the Participant's Responsibility. Student Prerequisites EXPERIENCED Advanced Collision Investigation certification TillS COURSE IS LIMITED TO 30 STUDENTS Multiple respondents from the same agency will be considered, but not assured on a fIrst come bases. REGISTRATIONS MUST BE RECEIVED BY SEPTEMBER 6, 2006 Please contact by phone or e-mail: Federal Way Police Department Officer Ron Potts, 253-835-6839(voice Mail) (M- Th 0700-1700) If you call outside my normal business hours please leave a detailed message on how to contact you with a good phone number and the best time to call you, In case of an emergency you can leave a message for Lt. Shupp at 253-835-6726 Ron.Potts@cityoffederalway.com Include your full name, agency, position, telephone number, email address, and Collision Investigator level Information packages will be sent to the accepted participants. \-\~3 ~- " .. MEMORANDUM OF UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION THIS AGREEMENT, pursuant to Chapter 39.34 RCW is made and entered into in July 28, 2006 by and between the Federal Way Police Department (FWPD) and the Washington Traffic Safety Commission (WTSC). IT IS THE PURPOSE OF THIS AGREEMENT to assist WTSC in a project titled: "IPTM Human Factors Training September 18-22, 2006" IT IS, THEREFORE, MUTUALLY AGREED THAT: 1. The Federal Way Police Department (APD) will submit a detailed work plan containing a scheduled of planned activity, a budget plan not to exceed $13,000 for the completed project. This plan shall include, specific date of training, and outlined registration and class participation approval process. Instructor fees, classroom rental fees, equipment fees, lodging fees for students, classroom refreshment fees and any other budget items needed to complete the project. WTSC reserves the right to select/ approve individual student attendance. 2. WTSC will provide written approval of the detailed work plan and funding availability before activity begins. FWPD must submit claims for reimbursement by September 30, 2006). All claims for reimbursement must be received by the WTSC no later than October 15, 2006. Any request for reimbursement received after . October 15, 2006 will not be honored by the WTSC. Claims for reimbursement must include: . Invoice Voucher, A19-1A Form (attached) Please note that we cannot accept a FAX. (We must have vour agency identified as the "Claimant", a Federal Tax ID # and an ori9inal si9nature of the agency head, command officer or contracting officer on the A-19 form.): . Payroll support documents (signed overtime slips, payroll documents, etc. and receipts for other expenses outlined in the approved work plan. 3. Disputes arising under this agreement shall be resolved by a panel consisting of one representative of the WTSC, one representative from the FWPD and an agreed upon third party. The dispute panel shall decide the dispute by majority vote. 4. Either party may terminate this agreement upon (30) days written notice to the other party. In the event of termination of this l-\ r~ . - ---- -- . " agreement, the terminating party shall be liable for the performance rendered prior to the effective date of termination. 5. I certify that none of the funds for this project supplant the normally budgeted funds of this agency nor do these funds pay for routine traffic enforcement normally provided by this agency. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT. ffl)!:/(Fl L h!,1 r' ~LltE ~E/'7 Contracting Agency (Name) Date/Washington Traffic Safety Commission Return To: Lynn Drake WTSC PO Box 40944 Olympia, WA 98504-0944 Hr5 - ---- ----~- ----- --- ----- --- ~ Federal Way DEPARTMENT OF PUBLIC SAFETY 33325 8th Avenue South' PO Box 9718 Federal Way, WA 98063-9718 (253) 835-6700 www.cityoffederalway.com April 27, 2006 Lynn Drake Washington Traffic Safety Commission P.O. Box 40944 Olympia, W A 98505-0944 Dear Lynn Drake, The Federal Way Department of Public Safety Traffic Unit is requesting to host the traffic collision course, Human Factors. This course is offered by The Institute of Police Technology and Management who have assigned experts to instruct in collision investigation/human factors course. The following is an excerpt from IPTM's course description and gives a short description of the class. HUMAN FACTORSJN TRAFFIC CRASH RECONSTRUCTION "While many crash investigation courses focus on the interpretation of physical evidence to determine "how" a collision occurred, this course will examine a variety of human factors to determine "why" a collision occurred, This course utilizes lectures, discussions, in-class demonstrations and outside field exercises to give you an appreciation for the importance of human factors in explaining collision causation. You will gain an understanding of how frail human evidence is and why the ability to interpret and analyze physical evidence is critical to the success of any collision investigator. In addition to the driver characteristics that must be considered in an investigation, this course also addresses the nature of perception and reaction, the factors affecting the investigator's choice of perception-reaction values as well as eyewitness reliability." The human factor in the collision investigations is a variable in all collision we investigate from solo vehicle, vehicle to vehicle and vehicle to pedestrian collision. The more we know about the facts and how to interpret what we find the better our investigations will be and the correct data obtained will be interpreted and presented similarly in all cases. This does not only cover the driver of vehicles but also can be used for the human factor of pedestrians/bicycle involved in collisions and witnesses. The material covered in this course, which is outlined above, will be very beneficial to the collision investigator when dealing with the many human factors that a pedestrian, bicyclist, motorcyclist and driver may contribute to the cause of the collision. With such a large population of our community being children, that walk to school and ride their +-\~~ - --- --- ---- -- -- -- ------- - --- -- bicycles, this course would directly relate to the enforcement and collision investigations that occur near and around schools. The IPTM, Assistant to the Director, Cameron Pucci, and the Human Factors instructor Patrick Robbins have been contacted to the availability of a course offering in our region in the fall of this year. Both IPTM and Mr. Robbins agree that a fall presentation would work and after checking all schedules September 18-22, 2006 was found to be open and not in conflict with other IPTM classes and or Mr. Robbins' schedule. The City of Federal Way has a training facility that will accommodate IPTM's limited class size of 30 students, and is available and reserved for the selected week in September. After contacting Mr. Robbins and determining his needs for the classroom instruction and training aids necessary for the field training exercise, our facility and field location meet or exceed all his requirements. In addition to the classroom, Mr. Robbins requested an outdoor location that can be used for a nighttime pedestrian visibility test study. The location has already been identified and secured for the targeted date of instruction, and meets the course requirements. The location is a paved secured road, has no street lighting, has limited access for students, has no public access, and will not impact traffic flow in and around the area. The City of Federal Way is a prime location for regional training of this caliber. The city is centrally located along Interstate 5 and is a short distance from Sea- Tac International Airport. Our city is a population of nearly 90,000 residents with a variety of motel accommodations and eating establishments to support the attendees of the course. Additionally, SR 18 intersects with Interstate 5 in our city, which makes it an excellent location for other law enforcement personnel traveling from Eastern Washington. Motel room rates vary for the LaQuinta, and the Marriott Courtyard for ten rooms with two queen beds at a rate of $130.00 and for Comfort Inn for $65.00 per room per night. The training facility would be in our City Hall, which is conveniently located, with a variety of eating establishments a short distance away, including fast food and seated eating restaurants that would not interfere with class scheduling of a lunch break. Also, a small coffee/snack vendor is located in the lobby of our facility for students use during short breaks during the training. The overall break down of expenses would be as follows. ITPM course $8500.00 Lodging $3250.00 (Ten rooms double queen beds not including tax) Miscellaneous/refreshments $500.00 Total Estimated Cost $12,250.00* as of April 17, 2006 *It is agreed that the total cost of hosting this course will be paid for by the WTSC H-, --- ---- _n__ _ . 4 The Federal Way Department of Public Safety Traffic Unit Officers will do all coordination of contracts and making all arrangements with the local hotel and coordination thru IPTM/ Mr. Robbins. FWDPS Traffic Unit will provide advertisement, distribute pertinent course information, conduct communication with registered students, provide assistance to the instructor, and will have an audio/video assistant available during all instruction time. We will provide all directions, maps and informational request made by students, and will provide a point of contact via e-mail and telephone. The FWDPS Traffic Unit will work directly with you and the instructor on the basic qualifications for students who attend, and will fulfill any all necessary requirements that you request related to this course. Please let us know if there are any items or concerns that have not been addressed and we will satisfy your requests. Sincerely, I~ t S~ Connie E. Shupp, Lieutenant Traffic Unit #253-835-6726 connie.shupp@cityoffederalway.com \-tr<h - ----- ---------- <t ,. AGREEMENT Agreement between The University of North Florida Training and Service Institute, Inc., d/b/a the Institute of Police Technology and Management, Jacksonville, Florida and the Federal Way Police Department, Federal Way, Washington, FOR Providing professional, technical and other services needed in conducting a forty (40) hour training course entitled "Human Factors in Traffic Crash Reconstruction" for a maximum of thirty (30) students, It is agreed that the Institute of Police Technology and Management will provide the following at Federal Way: 1. One instructional program in "Human Factors in Traffic Crash Reconstruction" to commence on September 18, 2006 and conclude on September 22, 2006. 2. Instructional materials prepared at the Institute of Police Technology and Management. 3. Trainee materials prepared for dissemination during the course. 4, An appropriate certificate of completion for each trainee satisfactorily completing the course. 5. Technical assistance required to prepare, conduct and evaluate the course, 6, Training aids and student reference materials. 7. Making all arrangements for obtaining instructors, preparation of the instructor activities, and all other arrangements pertaining to instructor transportation and honoraria, \-t ~, - ----------- - --- ---- --- .. .. The Federal Way Police Department agrees to pay a total sum of nine thousand dollars ($9,000) to the Institute of Police Technology and Management for conducting this course for a maximum of thirty (30) students, Payment in full will be made within 30 days following completion of the program. Course may be cancelled 30 days prior to start date with no penalty. A 10% cancellation fee will be charged any time thereafter. It is further agreed that the Federal Way Police Department will provide classroom facilities and have available the following audio-visual equipment: 1, Overhead transparency projector 2. Chalk BoardlWhite Board 3. Video cassette player/recorder (1/2 inch, VHS format) with monitor 4. LCD-PowerPoint projector The nondiscrimination clause contained in Section 202, Executive Order 11245, as amended be Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex or national origin, and the implementing rules and regulations prescribed by the Secretary of Labor, Veteran's Act 38 USC 4212, Section 503 - Rehabilitation Act of 1973, Title I of the Americans with Disabilities Act of 1990 42 USC 12101, and the University's policy contained in 6C9-4.015, Florida Administrative Code, relative to Sexual Harassment, are incorporated herein. This contractual agreement agreed to this BIll day of 4//$17, 2006. . . Leonard R. Jacob, Director Institute of Police Technology and Management 12000 Alumni Drive Jacksonville, Florida 32224-2645 Shari Shuman, Director The University of North Florida Training And Service Institute, Inc. 4567 St. Johns Bluff Road South Jacksonville, Florida 32224-2645 \-\ r \ () COUNCIL MEETING DATE: September 19, 2006 ITEM #: .5-f ........--.......-.........-.-........... .......................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ACCEPTANCE OF DONATION TO PURCHASE K-9 BALLISTIC VEST POLICY QUESTION: Should the City approve the acceptance offunds collected by a Federal Way business, (Crestwood Animal HospitaQ, to cover the costs of purchasing a ballistic vest for our Generalist Police Tracking Dog, "Roscoe "? COMMITTEE: Parks, Recreation, and Public Safety Council Committee MEETING DATE: September 11, 2006 CATEGORY: [g] Consent D Ordinance D Public Hearing D City Council Business D Resolution D Other STAFF REPORT By: STAN Patrol Commander DEPT: Police Department Attachments: 1. PR&PS Committee Memo 2. E-mail from Doctor Randall Norstrem, D.V.M., Crestwood Animal Hospital. Options Considered: 1. Accept the private donated funds, amounting to approximately $1,700.00 to cover the cost ofa ballistic vest for Federal Way Generalist K-9 Dog. Crestwood Animal Hospital has independently collected donated funds to cover the cost for this purchase, which is approximately $1,700.00.dollars. 2. Reject acceptance of grant. STAFF RECOMMENDATION: Staff recommends Option 1, Accept the donation from Crestwood Animal Hospital CITY MANAGER ApPRO V AL: ~ ~ DIRECTOR ApPROVAL: J~ Council o III rmmltee COMMITTEE RECOMMENDATION: PRPS recommends Option _ be accepted and forwards to Full Council for Approval on September 19,2006 PROPOSED COUNCIL MOTION: "I move that the Council accept donated funds from Crestwood Animal Hospital for the purchase of a ballistic vest for our Federal Way Police Department Generalist K-9 Dog. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 TABLEDIDEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/0612006 RESOLUTION # t:: -I ------- -------- ----- ----- CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 11, 2006 TO: Parks, Recreation, and Public Safety Council Committee VIA: Neal Beets, City Manager ~1;.(kN FROM: Brian Wilson, Interim Chief of Police /J. w.l\fA.\ SUBJECT: Acceptance of Donation for K-9 Ballistic Vest Background: The owner and employees of Crestwood Animal Hospital in Federal Way have been collecting funds from their patients, clients and staff since April to help off-set the cost of purchasing a ballistic vest for our Generalist Tracking K-9 Dog, Roscoe. It has been our desire and plan to equip our Generalist Tracking dog with a custom fitted ballistic vest for his protection. Providing this type of protection is the standard practice for law enforcement agencies throughout the country. Our Generalist Tracking dog, Roscoe, was purchased in 2005 and completed his formal training in December of last year. Because Roscoe is still very young, we were waiting for him to achieve some additional growth before fitting him with a ballistic vest. The time has now come for the Federal Way Police Department to fit and purchase a ballistic vest for Roscoe. The vendor we have chosen supplies excellent quality custom fitted ballistic vests for police dogs and has supplied this protective equipment to other K-9 teams in our area. The estimated cost for a custom fit K-9 ballistic vest is approximately $1,700,00 dollars, The Crestwood Animal Hospital has collected sufficient funds to cover this purchase. The Police Department requests that the City Council accept donated funds from the Crestwood Animal Hospital to be used for the purchase of a ballistic vest for our Generalist Tracking dog, Roscoe. Prepared by: Commander Stan McCall 1 ~-2- - ---- --- -------------~---- --- - --- --- Page 1 of 1 Stan McCall - Re: K9 vest From: Randy Luther <templariidvm@yahoo.com> To: Scott Orta <Scott.Orta@cityoffederalway.com> Date: Monday, June 26, 20065:43 PM Subject: Re: K9 vest Hi Officer Orta Sounds like Roscoe is doing well! We'd love to meet him. This week, our schedule is a little off, due to summer and all. Next week, Wednesday night, between 7 and 8 would be a great time to meet Roscoe and yourself. Wednesday nights are usually better than Tuesdays. Money continues to trickle in for the vest, so it looks like between the donations from my clients and our hospital, we'll purchase the vest for Rosoe without a problem. Just let us know when and all the details. Give Roscoe a pet for us! Sincerely Dr Randy Norstrem Reward Excellence NOT Existence non nobis, Domine. . . "All it takes for evil to triumph is for a good man to do nothing" Et dimitte nobis debita nostra, sicut et nos dimittimus debitoribus nostris. Do you Yahoo!? Get on board. You're invited to try the new Yahoo! Mail Beta. r~s file://C:\Documents and Settings\defau1t\Local Settings\Temp\GW}OOOOI.HTM 8/1612006 - COUNCIL MEETING DATE: September 19,2006 ITEM #: 5-g ._...._M....__.__.._._._.._.~.........._...... .. .........._..._.."...................._....... .........................._....___._........................_......___.........__.__.___...__.__.............. ....._..........__''._.....___................_...._.....___...._._____..".....____..... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Acceptance of Grant Funding for Transportation Improvement Projects POLICY QUESTION: Should City Council authorize staff to accept grant funding for transportation improvement projects? COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 11,2006 CATEGORY: ~ Consent 0 Ordinance Public Hearing 0 City Council Business 0 Other ~!~_~!~~!"~Y-=-M~~_~~llo~~".~.!!:~~~._~y.~~e~s..M~age DEPT: Public Works . ...----.........---....--.-.....------.........----............--. ....-.....--...--.--......--..-..... Attachments: LUTC Memorandum; Grant Funding for Transp ation Improvement Projects. Options Considered: 1. Authorize staff to accept the following Federal grant funding: a. 2006 Countywide TEA21 (Federal) grant in the amount of $2,493,153 for the Pacific Highway S HOV Phase III Improvement Project b, 2006 Regional TEA21 (Federal) grant in the amount of $2,000,000 for the Pacific Highway S HOV Phase IV Improvement Project _..__.__.~~__!?~.~!.~~~e!JE~!.ft.t.~~~.J11L~~P.I.~~~"~i!~~ti~~..!~.sE:.f.!"........._.__,-,--"--..~-",..,"-.".__,._____...._____,. STAFF RECOMMENDATION: Authorize staff to accept the following Federal grant funding: a. 2006 Countywide TEA21 (Federal) grant in the amount of $2,493,153 for the Pacific Highway S HOV Phase III Improvement Project b. 2006 Regional TEA21 (Federal) grant in the amount of $2,000,000 for the Pacific Highway S HOV Phase IV Improvement Project CITY MANAGER ApPROVAL: -@.- DIRECTOR ApPROVAL: tP7H'1... Committee Council COMMITTEE RECOMMENDATION: Forward Option 1 to the September 19th, 2006 City Council Consent Agenda for approval. ric Faison, Member Dean M olgan, Member R COUNCIL MOTION: HI move approval to authorize staff to accept the following Federal grant funding: 6 Countywide TEA2l (Federal) grant in the amount of $2,493,153 for the Pacific Highway S HOV Phase III Improvement Project and 2006 Regional TEA2l (Federal) grant in the amount of $2,000,000 for the Pacific Highway S HOV Phase IV Improvement Project." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 T ABLEDIDEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # ----------- CITY OF FEDERAL WAY MEMORANDUM DATE: September 11th, 2006 TO: Land Use and Transportation Committee VIA: Neal Beets, City Manager FROM: Marwan Salloum, P.E., Street Systems Manage. SUBJECT: Grant Funding for Transportation Improvement Projects BACKGROUND: This memorandum provides the Council with the current status of. the grant applications submitted in 2006, grant funding received to date, andrequired match. GRANT REQUIRED FUNDING MATCH Pacific Hwy S HOV Phase III (S284th Street to Dash Point Rd) ( Construction Phase) . 2006 Countywide TEA21 (Federal) $2,493,153 $389,104** Pacific Hwy S HOV Phase IV (DasbPoint Rd to S312th Street) (Design, Right of Way, and Construction) . 2006 Regional TEA21 (Federal) $2,000,000 $312,138** ** The required match has been satisfied with a grant from TIB cc: Project File Day File COUNCIL MEETING DATE: September 19th, 2006 ITEM #: 5-h _.___....n..._.~_.._....._...__..__...M__....._...._._.._..._._....__._..__..___._..__....._.____........H.....____.H.._._..._......_._.__.._._._....._..._......H._.__.__......,.._._...__......._.....H..~_......H_._N._._..__.._...._..n_..... -- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: South 356th Street at SR 99 Intersection Improvements Project - 85% Design Status Report POLICY QUESTION: Should the Council authorize staff to proceed with design of the South 356th Street at SR 99 Intersection Improvements Project and return to the Council at the 100% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 11, 2006 CATEGORY: ~ Consent 0 Ordinance Public Hearing 0 City Council Business 0 Resolution Other ~.!.~!:!."!!~~2~!_!!~:.!vl~rw~_~~!.!~~!!l.!..~"t.!~.~~~)'.s.!~"~.s..~~a.~! ___.___.__....___.._.__.....___.._.____.____n___._.._.._ Attachments: City of Federal Way Memorandum; South 356th Street at SR 99 Intersection Improvements Project - 85% Design Status Report. September 11, 2006. Ql!!!.ons. Con.~!~.~rtl~:"".".._._._._........__.____._.._.___......_.._.....__..._.......__"..~._...__...__.___._""..._._.....""___.._____..__ ___......_.... 1. Authorize staff to proceed with present design of the South 356th Street at SR 99 Intersection Improvements Project and return to LUTC Committee at the 100% design completion stage for further reports and authorization. 2. Do not authorize staff to proceed with finalizing the present design of this project and provide direction to staff. STAFF RECOMMENDATION: Authorize staff to proceed with present design of the South 356th Street at SR 99 Intersection Improvements Project and return to LUTC Committee at the 100% design completion stage for further reports and authorization. -rfP- chft' ~ CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: Committee "- Council (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 T ABLED/DEFERREDINO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # K:\COUNCIL\AGDBILLS\2006\09-19-06 S356th Street at SR 99 Intersection Improvements Project - 85% Design Status Report.doc CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2006 TO: Land Use and Transportation Committee VIA: Neal Beets, City Manager FROM: Marwan Salloum, P.E., Street Systems Manager SUBJECT: South 356th Street at SR 99 Intersection Improvements Project - 85% Design Status Report BACKGROUND: This project will realign the east leg of South 356th Street to line up with the west leg. South 356tb Street will be widened to 2 thru-Ianes and a left-turn lane westbound and 2 left-turn lanes, a thru-Iane and a right-turn lane eastbound. Pacific Highway South (SR 99) will be widened to: 2 thru lanes, a right turn lane, and a left~turn lane southbound and 2 thru-Ianes and 2 left-turn lanes northbound. The traffic signal bridge structure will be replaced to accommodate the added lanes. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: . The Topographical Surveys . The Geotechnical Investigation . SEP A Submittals . Channelization Plans . Value Engineering Study . Project Design to 85% Ongoing Tasks Include: . SEP A Approval and Project Permitting . . Right of Way Requirements (Property Appraisals, Review Appraisals Negotiation and Acquisition) . Proj ect Design to 100% PROJECT ESTIMATED EXPENDITURES: Planning and Design $1,100,700 ROW Acquisition 2,406,500 Construction cost 2007 (estimate) 2,749,000 10% Construction Contingency 274,900 Construction Management 344,000 TOTAL PROJECT COSTS $6,875,100 September 11, 2006 Land Use and Transportation Committee South 356th Street at SR99 Intersection Improvements Project - 85% Design Status Report Page 2 AVAILABLE FUNDING: TIB Grant Fund $378,200 Budgeted City Match (03) $1,120,000 Interest $105,400 Mitigation $1,064,569 TOTAL A V AILABLE BUDGET $2,668,169 Given the project currently has a funding shortfall of $4,206,931, staff anticipates applying to the Transportation Improvement Board (TIB) for grant funding to construct the project. The TIB grant application would be submitted assuming a 60/40 split of the eligible project cost or $3,557,000 TIB grant With $2,819,510 of City/mitigation funds currently available, the City would need to provide an additional $650,000 to satisfy the City match amount, assuming a successful grant application. cc: Project File Day File ---- ---- COUNCIL MEETING DATE: September 19,2006 ITEM #:~ ~"~_'___'-"'-"_'N"_'_"'_"_""_~_",,,,,,,,,,,,.,,,,~,,,,,,,,,,,,_........_..~......M......~...._.._.....N..........._~..._......___~_...__....._......._..__......_...._N..........._...__..._N...H~........_......_..____......_...._.._..__..H_. .-....-.-- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2006 Asphalt Overlay Project - Final Acceptance POLICY QUESTION: Should the Council accept the 2006 Asphalt Overlay Project constructed by Woodworth and Company as complete? COMMITTEE: Land Userrransportation MEETING DATE: September 11, 2006 CATEGORY: [gI Consent 0 Ordinance Public Hearing 0 City Council Business 0 Resolution Other ~..!~...!.!':...!t~.~2~!...!l..Y..:]~!~~!!m~~!!g_~~1..R:...~:!..~!!.~~!..~.y~t~ms ..M~p'~g~ EPT: Public Works ......._.._.____~______.......__....~N Attachments: LUTC memo dated September 11th, 2006 Options Considered: 1. Authorize final acceptance of the 2006 Asphalt Overlay Project constructed by Woodworth and Company, in the amount of$I,447,566.90 as complete. 2. Do not authorize final acceptance of the completed 2006 Asphalt Overlay Project constructed by Woodworth and Company as complete and provide direction to staff. __"'__'_"'__~_''''_'__''n.___''_,_______"""_,_""_,,,,_._.__._.._...._.__.__..._.._....._~_N_..._.....__~.n_.._._...._....__..._._N.._.__.H.....__._._...__._.........._...._N___._.._...._._._______..__...._.N. STAFF RECOMMENDATION: Staff recommends Option I. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ Committee Council I COMMITTEE RECOMMENDATION: Place Option Ion the September 19, 2006 Council Consent Agenda for approval. ~Z;;# Eric Faison, Member COUNCIL OTION: "] move approval offinal acceptance of the 2006 Asphalt Overlay Project c aworth and Company, in the amount of$1,447,566.90 as complete." (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 # REVISED - 02/06/2006 RESOLUTION # ~-- ----- CITY OF FEDERAL WAY MEMORANDUM DATE: September 11 th, 2006 TO: Land Use and Transportation Committee VIA: Neal Beets, City Manager FROM: Marwan Salloum, P .E., Street Systems Manage SUBJECT: 2006 Asphalt Overlay Project - Project Acceptance nd Retainage Release BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above-referenced contract with Woodworth and Company is complete. The final construction contract amount is $1,447,566.90. This is $26,375.00 below the $1,473,941.90 (including contingency) budget that was approved by the City Council on March 21, 2006. Due to fact that the 2006 Street Overlay authorized funding (including contingency) was not expended and the City Council authorized Staff to add Schedule E (8th Ave South) back in to the contract if the project funding allows, Schedule E in total was added and completed as part of this contract. Staff will be present at the August 21st Land Use & Transportation meeting to answer any questions the Committee might have. cc: Project File Central File K:\LUTC\2006\09-11-06 2006 Asphalt Overlay project - Final Acceptance.doc COUNCIL MEETING DATE: September 19,2006 ITEM#: 5 - j ___n..._..__....___._...._........_..._._~...._..._......._......_.....__.._.__......h....~......._..._._.__...._...._.............._.__~_n..n........_..........___..._.~..__..__...__.__.._..__..._........___n_.....___.....__...._._... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Grande Vista (AKA Cottages at Hoyt Road) Final Plat, File No. 05-106327-00-SU POLICY QUESTION: Should the City approve the Final Plat of Grande Vista? COMMITTEE: LUTC MEETING DATE: September 19, 2006 CATEGORY: ~ Consent 0 Ordinance 0 Public Hearing 0 City Council Business ~ Resolution 0 Other STAFF REpORT By: Janet Shull, AICP, Contract Planner DEPT: Community __.._...___._._..__.................__..__...........___........._.._.._._.___.__.____......._._.._........___.._..._.;.....___..._..__..._..._...._!?evelop.m~..!......._..._____ The applicant requests approval of the Grande Vista Final Plat, a 35-lot single family residential subdivision, as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," subject to City Council approval. Refer to 9/15/06 Staff Report for analysis of final plat & decisional critieria. Attachments: Grande Vista Final Plat Staff Report, dated September 5, 2006, with exhibits including Reduced Scale Final Plat Map; Vicinity Map; City Council Resolution #01-349 approving the Cottages at Hoyt Road Preliminary Plat; City Council Resolutions #04-416 and #05-458 modifying the Cottages at Hoyt Road Preliminary Plat; and proposed City Council Resolution approving the Grande Vista (AKA Cottages at Hoyt Road) Final Plat. _M___._n_____.._~......__.__.__......_.___......._~___.__._.._~......___.__________._____._._.__.._.._........_...._..___.__._.____..__......MM..._..._..__..._........H..._.._.H__.____..._...._.__._____ Qp..!~~!l_~..~.Q!!.~!~..~!"~.!!.;............__...._.._..........."....._._...._...._.._.__..........._.____..._...~._.....~.;._..."__..._....._...___..__._.....____...._."..._..__......._...._...._._.__...___..__ STAFF RECOMMENDATION: Staff recommends Council approve the Grande Vista Final Plat. CITY MANAGERApPROV AL: cfii DIRECTOR ApPROVAL: eff to Colll!l1ittee To COWlcil 'ai-d the Final Plat to full Council on Septe f;W -.. (/ Committee Member "1 move approval of the Grande Vista Final Plat. " 'BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 TABLEDIDEFERREDINO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # ------------ ~ CITY OF ., . ~ Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT Request for Final Plat Approval GRANDE VISTA (AKA COTTAGES AT HOYT ROAD) FINAL PLAT Federal Way File No. 05-106327-00-SU I RECOMMENDATION City of Federal Way staff has reviewed the final plat of Grande Vista for compliance with preliminary plat conditions and all applicable codes and policies, and recommends approval of the fmal plat application. II INTRODUCTION Date: September 5,2006 Request: Request for final plat approval for the Grande Vista subdivision. Description: Grande Vista is a proposed 35-lot subdivision including 35 single-family lots on approximately 16.7 acres. The Preliminary Plat ("Cottages at Hoyt Road") was granted approval by the Federal Way City Council on October 16,2001, per City Council . Resolution 01-349. The preliminary plat was subsequently modified by the Federal Way City Council on July 6, 2004, per City Council Resolution 04-416; and on October 4, 2005, per City Council Resolution 05-458. Access to Grande Vista is from Hoyt Road Southwest via a new roadway, 42nd Avenue Southwest. All required roads, sidewalks, storm drainage facilities, sewer lines, water lines, and related improvements for the project have been constructed or financially guaranteed. Owner: Trinity Land Development, L.L.c. 310 29th StreetNE Puyallup, WA 98372 Engineer: Barghausen Consulting Engineers Inc. 18215 72nd A venue South Kent, W A 98032 425-251-6222 --------- - -------------- ~---~-----~ Location: The subject property is located in the City of Federal Way, on the east side of Hoyt Road SW, in the 33300 block. (Exhibit A - Vicinity Map.) Sewage Disposal: Lakehaven Utility District Water Supply: Tacoma Public Utilitiesrracoma Water Fire District: South King Fire and Rescue School District: Federal Way School District Report Prepared By: Janet Shull, AICP, Contract Planner ill HISTORY AND BACKGROUND Grande Vista is a proposed subdivision of35 single-family lots on approximately 16.7 acres, with designated Storm Drainage Tract (Tract "A"), Private Utilities Tract (Tract "B"), Native Growth Protection Area Tract (Tract "C"), Landscape Tracts (Tract "D" and Tract "F"), Entry Monument Tract (Tract "E"), and Open Space Tracts (Tract"G" and Tract "H"), (Exhibit B - Final Plat Map.) A 35-1ot Cottages at Hoyt Road Preliminary Plat was granted approval by the Federal Way City Council on October 16, 2001, per Resolution 01-349 (Exhibit D- Resolution 01-349.) Two subsequent modifications to the Preliminary Plat were granted approval by the Federal WayCity Council. The first modification to the Preliminary Plat was granted approval by the Federal Way City Council on July 6, 2004, per City Council Resolution 04416 (Exhibit E - Resolution 04-416.) This modification was requested by the applicant prior to construction, to revise the Preliminary Plat to reduce the number oflots from 40 to 35, revise grading limits, revise the open space configuration, reconfigure the road and lot layout, and revise the location of the stormwater facility. The second modification to the Preliminary Plat was granted on October 4, 2005, per City Council Resolution 05-458. (Exhibit C - Preliminary Plat Map and Exhibit F - Resolution 05-458.) This modification was requested by the applicant while the property was under construction to address discrepancies found in topographical survey information and actual site conditions. In addition, the modification requested the removal of additional hazard trees. The preliminary plat modification resulted in: modification of slope and retaining wall configuration along the northwest portion of the approved preliminary plat; slight re-alignment of the northern roadway; removal of potential hazard trees in the native growth protection easements and replanting of trees where trees and vegetation had been removed. A proposed resolution of the City of Federal Way, Washington, to approve the final plat of Grande Vista is attached (Exhibit G - Grande Vista Final Plat Resolution.) Zoning for the 16.33-acre site is Single Family, RS 7.2. The Grande Vista plat is a standard subdivision under the codes, and the minimum permitted lot size is 7,200 square feet. The lot sizes on the Grande Vista Staff Report Federal Way File No. 05-106327-00-SU/Doc LD. 37882 Grande Vista (AKA Cottages at Hoyt Road) Final Plat Page 2 final plat range from 7,200 square feet to 14,355 square feet, with the average size being approximately 8,258 square feet. The applicant applied for Engineering Approval on November 16, 2004. Engineering approval was granted on June 30, 2005, and site work commenced shortly thereafter. Clearing and grading activities ran through the summer of2005. On September 10,2005, the applicant submitted a formal request for a plat modification to address discrepancies that were discovered between actual site conditions and the topographic survey. Dwing review of the modification request, it was discovered that some grading activities extended beyond the approved grading limits and into areas to be designated as a Native Growth Protection Easement (NGPE). Hazard trees were also identified by the applicant's arborist. The resultant plat modification addressed the areas encroached upon during grading, the topographic discrepancies, and associated modifications to landscaping plans. Site work resumed after approval of the plat modification with on- and off-site infrastructure construction extending into the summer of 2006. The developer applied for final plat approval on December 12, 2005, while thesite was still under construction. Improvements are now substantially complete. Pursuant to RCW 58.17.110 and Section 20-136 of the Federal Way City Code (FWCC), the City Council is charged with determining whether: 1) the proposed final plat conforms to all terms of the preliminary plat approval and subsequent approved' modifications; 2) the subdivision meets the requirements of all applicable state laws and local ordinances which were in effectatthe time of preliminary platapproval; 3) all taxes and assessments owing on the property have been paid; and 4) all required improvements have been made or sufficient security has been accepted by the City. City of Federal Way staffhas reviewed the Grande Vista final plat for compliance with preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, and plat conditions have been met or financially secured as allowed by FWCC Section 20-135. IV COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of modified preliminary plat approval (Resolution 05-458) and preliminary plat approval (01-349). Required improvements have been completed or financially secured as allowed by FWCC Section 20-135. Conditions of Approval for Preliminary Plat Modification (Resolution 05-458) 1. A landscape plan shall be prepared by a landscape architect in consultation with a certified arborist for approval by the Department of Community Development Services. All landscaping shall be installed prior to final plat approval. The intent of the landscaping is to mitigate for loss of vegetation during the site development. The landscape plan shall be designed to replant the NGPEs and impacted construction areas with appropriate sizes and types of native trees, shrubs, and gro'tmdcover in all areas, to provide an extension of the existing remaining forest community on the site. The landscape plan shall address each of the following: a. All areas ofNGPEs impacted by hazard tree removal. b. All areas ofNGPEs impacted by unauthorized clearing. Staff Report Federal Way File No. 05-1 06327-00-SU/Doc. ID 37882 Grande Vista (AKA Cottages at Hoyt Road) Final Plat Page 3 c. The expanded easterly NGPE area, generally located between the approved eastern NGPE boundary and the easternmost retaining wall, on all of the lots along the east side of the plat. d. All areas outside NGPEs and outside lot areas that have been cleared as a result of plat construction. e. Existing mature vegetation shall be retained in the NGPEs to the maximum extent possible. f. Appropriate irrigation systems shall be provided for the planted areas. Staff Response: This condition has been met. The applicant submitted a landscape plan that was reviewed by City staff and the City's arborist. The final landscape plan was approved on March 21,2006. All on-site and off-site landscaping has been installed, inspected, and approved. 2. The retaining wall design shall be approved by the Director of Community Development Services, shall include wall design with a maximum height of 10 feet above grade, and shall promote residential design themes through such means as terracing, orientation, color, material selection, anti- grafitti treatment, vegetation screening, pattern, and textural treatment. Staff Response: This condition has been met. The applicant's retaining wall design was reviewed and approved on March 21, 2006. The retaining walls have been installed, inspected, and approved by City Public Works and Community Development Services Departments. Conditions of Approval for Preliminary Plat Modification (Resolution 04-416) There were no additional conditions established for approval of this plat modification. Con~itions of Approval for Preliminary Plat Approval (Resolution 01-349) 1. Stormwater conveyance, water quality, and detention facilities used to control stormwater runoff from the site shall be located in a stormwater tract dedicated to the City at the time of final plat approval, unless located within improved public rights-of-way. Staff Response: This condition has been met by identification and description of the storm drainage tract on the plat map along with appropriate text note (See Note 5 on Sheet 3 of 6). 2. All streets shall have a minimum pavement section of three inches class B asphalt over seven inches of crushed surfacing to support the traffic loads. Staff Response: This condition has been met by installation of all required improvements in accordance with City-approved engineering plans, as inspected and approved by the Public Works Department. 3. Tract E, labeled as a Native Growth Protection Easement, shall be re-labeled as a Native Growth Protection Area Tract. Provisions related to the preservation and enhancement of native vegetation in this tract shall be included in the homeowner's association documents and submitted to the City for review and approval prior to final plat approval. Staff Response: This condition has been met. Tract "E" appears as Tract "c" on the final plat map. Provisions for preservation and enhancement of native vegetation can be found in Note 7 on Sheet 3 of 6 of the plat as well as in the CCRs (See Note 2, page 6 of 62). Staff Report Federal Way File No. 05-106327-00-SU/Doc. 1.0. 37882 Grande Vista (AKA Cottages at Hoyt Road) Final Plat Page 4 4. Consistent with the management recommendations of the Washington State Department ofFish and Wildlife (WDFW), during preliminary plat construction, snag creation techniques shall be used to provide and enhance habitat opportunity for Pileated woodpeckers within buffer Tract "E" and appropriate portions of Lot 35. Within these areas, large logs and stumps shall be left on the ground. Dead and dying trees that are not hazardous to surrounding properties shall be left in place, and healthy replacement trees of sufficient size to replace existing snags when they fall must be left in place. Prior to issuance of construction permits for the preliminary plat improvements, the applicant must submit a management plan consistent with the WDFW recommendations indicating the proposed measures to provide and enhance habitat opportunities for Pileated woodpeckers within buffer Tract "E" and appropriate portions of Lot 35, to the City's Community Development Services Department for review and approval. Staff Response: This condition has been met. The applicant submitted a Habitat Management Plan consistent with WDFW recommendations which was reviewed and approved by the City and the City's arborist. The final landscape plan (see staff comment under Condition J of conditions of modification for Modification per Resolution 05-458 above) also addresses WDFW requirements. (Note: Tract "E" is labeled Tract "C" on the final plat map.) 5. Clearing for the construction of the plat improvements, including roads, stormwater improvement, and utilities, shall be generally consistent with the clearing limits depicted on the April 27, 2001, Site Grading Plan that was prepared by Touma Engineers as part of the preliminary plat application materials. The clearing limits referenced above are the approximate clearing limits necessary for road, stormwater improvements, and utility grading, and may be modified with the approval of the Community Development Services and Public Works Departments during final engineering review as required to reflect changes in road, stormwater improvements, and utility designs, if any. The remaining clearing beyond these limits necessary for development of the residential lots shall not be performed until such time as approved permits are issued for development of the residential lots. Staff Response: This condition has been met. The clearing limits established by the preliminary plat were modified by two subsequent plat modifications as discussed above. At the time of the request for the 2nd plat modification, it was determined that site clearing had exceeded the approved clearing limits. A condition of approval of the 2nd plat modification was to replant areas within the NGPE impacted during grading (See Condition J of Resolution 05-458 above). The disturbed areas have been re-planted as required, inspected, and approved by the City. 6. Clearing and grading activities shall be restricted during the wet season, October 1 st to April 30th. No clearing and/or grading activities shall occur during this period unless previously approved in writing by the Public Works Director. StaJf Response: This condition has been met. Clearing and grading activities were completed in accordance with. City -approved engineering plans and seasonal construction limits as required. V SEP A CONDITIONS 1. The applicant shall either construct the identified impacted Transportation Improvement Plan (TIP) projects, as required by the Public Works Department, prior to final plat approval; or, Staff Report Federal Way File No. 05-1 06327-00-SU/Doc.l.D. 37882 Grande Vista (AKA Cottages at Hoyt Road) Final Plat Page 5 The applicant may contribute $10,800, which is the project's pro-rata share of the construction cost for the following impacted TIP projects, as required by the Public Works Department, prior to the issuance of construction permits: TIP Project Description Project Impact Total PM Peak Pro-Rata TIP Project Mitigative Hour Volume Share Cost Fee S 32(jh St at 1st Ave S to SR99: 14 Trips 4,611 trips 0.30% $1,739,000 $5,200 Add left turn lanes S 32(jh St: 8'h Ave S - SR 99: Add II Trips 12,278 trips 0.09% $6,191,000 $5,600 HOY lanes TOTAL $10,800 Staff Response: This condition has been met. The applicant paid the City of Federal Way $10,800.00 in traffic mitigation fees on September I, 2006. 2. Prior to final plat approval, subject to review and approval by the Public Works Director, the applicant shall provide school-related pedestrian safety improvements at SW 329th Street and Hoyt Road SW; specifically, advance warning signage, advance warning flashing beacon, and approximately 75 feet of extruded curb behind the eastern edge line on Hoyt Road to separate the walkway from vehicular traffic, or pay an amount not to exceed $20,000 in lieu of the above improvements. Staff Response: This condition has been met. The above-stated improvements were installed by the Cityprior to the final plat application. Therefore, the Public Works Director has waived the above fee requirement for this project. 3. Prior to preliminary plat approval, the applicant shall submit a landscape plan, based on the following requirements, for review and approval by the Director of the Department of Community Development Services with concurrence by the Public Works Director. The applicant must incorporate plantings into the design of the stormwater detention pond and surrounding retaining walls, and the proposed retaining walls to be located adjacent to the Hoyt Road right-of-way. These plantings should be dense, bulky, and of large caliper to provide screening upon installation. Plant materials chosen should be a mixture of trees and shrubs, with a mixture of evergreen and deciduous species to provide seasonal color and year-round greenery. Plantings must also be incorporated into the perimeter of the detention pond and other disturbed areas of Tract Ato provide additional screening. Irrigation should be incorporated into the landscape plan to ensure plant survival and used until the plants become established. Plantings shall be installed as part of the preliminary plat improvements. Staff Response: This condition has been met by installation of all required landscaping in accordance with City-approved landscaping plans, as inspected and approved by the Community Development Services Department. VI DECISIONAL CRITERIA Pursuant to Section 20-136 of the Federal Way City Code; if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording: Staff Report Federal Way File No. 05-1 06327-00-SU/Doc. I.D. 37882 Grande Vista (AKA Cottages at Hoyt Road) Final Plat Page 6 1. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met, as the conditions of preliminary plat and SEP A mitigation have been met or financially guaranteed, and the final plat is in substantial conformance to the preliminary plat. 2. The final plat is in conformity with applicable zoning ordinances or other land use controls. Staff Response: This criterion has been met and/or financially guaranteed. The plat meets the RS 7.2 zoning standards in effect at the time the application was determined to be complete. The lot sizes are not less than the underlying minimum lot size of 7,200 squarefeet. As provided in FWCC Section 20-135, performance and maintenance bonds are in place for the entire plat and off-site improvements. In addition, a performance bond is in place for any incomplete items as described in Sections IVand V above. 3. That all conditions of the Hearing Examinerandlor City Council have been satisfied. Staff Response: This criterion has been met as noted in the staff comments above. All plat conditions have been met and/or financially guatanteed to be completed within six months of final plat approval. All life safety improvements have been completed. 4. That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but not limited to, the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school . grounds and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. Staff Response: This criterion has been met. The final plat is consistent with applicable zoning and subdivision regulations, and ensures the public health, safety, and welfare is protected. The plat infrastructure has been installed and/or adeq~ately financially guaranteed as discussed above, including: safe walking routes to school bus stops; open space preservation; drainage system installation; water system installation; sewer system installation; and street improvements. Pursuant to FWCC Section 22-155, the applicant paid the City $54,200.00 on September 1,2006, in lieu of providing required usable open space on site. In addition, the final plat establishes a native growth protection tract for permanent preservation of on-site open space. 5. That all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: This criterion has been met. All road and storm drainage improvements for Grande Vista have been constructed and/or financially guaranteed. In addition, sewer lines have been installed and approved by Lakehaven Utility District as identified in the letter of substantial completion from Lakehaven Utility District. Water lines have been installed and approved by Tacoma Water District as identified in the letter of substantial completion from Tacoma Water District. 6. That all taxes and assessments owing on the property being subdivided have been paid. Staff Response: Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. Staff Report Federal Way File No. 05-1 06327-00-SU/Doc. 1.0. 37882 Grande Vista (AKA Cottages at Hoyt Road) Final Plat Page 7 VII CONCLUSION Based on site visits, review ofthe final plat maps, construction drawings, and the project file, staffhas determined that the application for final plat approval for Grande Vista meets all platting requirements of RCW 58.17.110 and Section 20-136 of the Federal Way City Code. Plat infrastructure improvements have been substantially completed and/or financially secured to guarantee that all plat conditions and code requirements will be completed within six months of final plat approval as allowed by FWCC Section 20- 135. The project has been developed in conformance with Resolution 01-349, Resolution 04-416, and Resolution 05-458 approving the Grande Vista Preliminary Plat. A recommendation of final plat approval is therefore being forwarded to the City Council for your approval. VIII EXHIBITS Exhibit A Vicinity Map for Grande Vista Exhibit B 8 1/2 x 11 Reduced Copy of Grande Vista Final Plat Map (This exhibit is not included in all copies of staff report.) Exhibit C 8 1/2 x 11 Reduced Copy of Approved Cottages at Hoyt Road Preliminary Plat (This exhibit is not included in all copies of staff report.) Exhibit D Resolution 01-349, City Of Federal Way Preliminary Plat Approval of Cottages at Hoyt Road (with Hearing Examiner Preliminary Plat Approval Recommendation) (This exhibit is not included in all copies of staff report.) Exhibit E Resolution 04-416, City of Federal Way Preliminary Plat Modification for Cottages at Hoyt Road (with Staff Memorandum dated June 15,2004) (This exhibit is not included in all copies of staff report.) Exhibit F Resolution 05-458, City of Federal Way Preliminary Plat Modification for Cottages at Hoyt Road (with Staff Memorandum dated September 27,2005) (This exhibit is not included in all copies of staff report.) Exhibit G Final Plat Resolution of the City of Federal Way, Washington, Approving the Grande Vista Final Plat Exhibit H 8 1/2 x 11 Reduced Copy of Approved Landscape Plan (This exhibit is not included in all copies of staff report.) Staff Report Federal Way File No. 05-1 06327-00-SU/Doc.I.D. 37882 \ Grande Vista (AKA Cottages at Hoyt Road) Final Plat Page 8 . ( co , 009~f: fIi e In u.. CIl III E I 0 ;f=. u.. I~ ... @ ....." .,,~ , ; wi ! I Cl I I ! I I ! ! A l() EXHIBIT - [ VOOIllE/PNX J GRANDE VIST A BEING A PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 21 NORTH.,. RANGE 3 EAST, WILLAMETTE MERIDIAN CITY OF FEDERAL WAY, KING COUNTY,' WASHINGTON lECEN\) I ill + _ FllUIll: SECOON CORNER 011 Ql.I!R1ER CORNER I: _ SECOON Ql.I!R1ER CORNER (CAl.CUlAW P05l11ON) (9 FOUND llOttJIlENI AS NOItll 0 FOOHD RfI!N/./CN' AS NOW I~ .. .PL\J CORNER SET I o 100 200 "yo KCS? S!\0048 I 1"".... REC. NO. Bn2070531 I SCAlE: ," . 200' LOT 3 I I I I I ~'L i ~ I~ ........1;;; ~ I~ 5 1..- I;l; ~ I~ '-.t i ~ ,)l I 'I '- 191U5' 1312.77' -J ~ 600.08' 589'16'29'E2&25.54'---------- - ~ FOllIIlIlOH IN CAS<: SOU1llfASl CORHER SEC1lQN 14 7 ~ 2 1lRASS~ FOUIIlUOH IN CASE ~ (lPRlL ./iDlJ _ TM:!< ~ (jPRI. 2005) S Jj 6 ~ EXHIBIT ~ -.- ~ PRIOR TO RECORDING ;;. ~) ~ CITY FILE NO. 05-106327-OQ-SU '. JOB NO. 11432 f RECORDING CERTIFICATE: LAND SURVEYOR'S CERTIFICATE: Barghausen AUG - 8 200, Recordln9 No. I hereby certify that this plat of GRANDE VISTA is based upon ~ flied for record at the request of the City _ of FederalWoy this on 'Qctual survey and subdivision of Section 14, Township Consulting Engineers, nc. ~ _ doy of . 200_. at _ minutes 21 North. Range 3 East, WJJ., that the courses and distances Civ~ Engineering, lAnd P~nninq, Sulveyinq, E/winlnmental Services Ii past _ _' m. ond recorded in Volume _of ~ 0\. ore shewn correctly tMreon~ \hol the monuments wiU be set 18215 12nd twenue 500llI Ken\, WA. 91lO32 pages ____ through _, records of King County, Washington. and the lot and block comers will be stoked correctly on' the Telephone: (425) 251-6222 Fox: (425) 251-87B2 OMSION OF RECORDS AND ELECTIONS ground Q$ c.onstruction is completed and toot I have fully compRed with the provisions of the plotting regulo~ions. ~ SW1/4 OF SE1I4 SEC. 14 T21N-R3E W.M. .":~ .. ;; , SHEET 6 "' Manager Superintendent of Records Williom R. Work.man, PLS - No. 41298 Dote 1 OF if1t,~~i~tt~~.~.~.,......._JL. . ..~:?iii;i: ';;;~iji... "...... .....". u..,........ ..".. . ::::U~I! :~i~ii!:i!!' ., .. ........; ::/",,,.,.. .. ".",,; It..r...I-'t . ,,/If n7II7I'.... ~H1YJHJlOfOVWI).ONUJNIM '" .<1 NOI.l.'9'OI:lIOOr/ -.. ......-.. '-...w "'" .....,- ,... ONIO'9'I:lO 03S0<lOll<l ....' ...... "- "IIU. J.N3r/<lO'~O CNIf'1 JJJNIW, - --"'" VItI,.." ." ~ ....."" I.lO;l I..... -.r ..... .., .~ - I -" .~ ~i :, ! ., '. , . -I' i ............. .. ..........\~ '. "- '-., ........ \ ./' .., \ "v' ) .1 I" . -.. .... ... /" 'J -/ , .-::.':~~~ . ~ J . ~ ,. . _ 'r R ,.-/ "SC-' "1'10.'\ iiii!-. . :::::::::: "" · .. - - i J EXHIBIT C ~-~, - Cl't0ll,U0H J.'1 S30'lJ.J.OO ...,.",. - - ---- I:lO::l U.C86 '\fM 'clIlTl'lAlld ;::,.. ..-- ~-_.... NVid ONlO'9'1lO "'11'9'130 - 50~/6 N\f"IcI ONlO'9'l:lO '3'N .l.EI3w..s HJ.6Z OIl: ..... ..".. - ~J ~:g::~~:l - OJ. NOll '101:llC101"l ~ a:ISOcIOlld J.N3I'Id0131130 CIN'I1 JJ./Nll:/J. - ....- -:' H!nO$ JIlIO/I~;':.l: "IIU. ..... -.....- ~ 'II'Q ........ ~ ii: :I ~ ~. ]! . 11 ~ ~~ 0'. . .. ='& ~ . , , <V"'> / ~ ~ ",-,-...,-__ /,1 lfl ,''-'-' :c& ",- 8~ t<) '<t L() ~I o Q::- <;( . C\I 0... Vl ..... 1-(:) 0;' <0... Z otO <( o...~ ...J :r: . 0.. (:)-J :t~ CJ ~ z ~ o ~ -----...--- <( .. Z --. a:' <( " ~I...J Ii 0.. ~ ~t ~ z ~N>, 0 o ~=~ ~ ~~I C2 O.~. CJ <:t ~ ~~~ ~ ~i ~ i ~ ~ o <( z ~ o w en o 0.. o a: 0.. . :Iff.<< ~ 01-1 1II1II I(IU tOOUU/1O l~ .........-c..nM-mul\P""......"U'.U\IIIOOIf\:4 O\fOl:l JJ.OH 1 \f S3t>\f ll.OO IB7IZ1f'..-oS3:lWlJS1'tJIQffNOaIWQ~ ~ C I:IO:l ~t.ei6.'\fM 'dn11\fAnd - . ~ 11M 'ONIWDMDIQ "IWO - ....-'- .i . . ;, - NOlJ.03S SSOIlO - <;O~~/6 N\f1cl ONIO\fijO 01 '3'N .l331:U.S Hl6~ Ol& ,11-.1 ....-- XVJ taL.-'.~ml . . RtI-,.t(... 01 NOll YOI::lIaot"ll:lONlrl CJ3SOc/Ol:kJ .1.N3I'lcI013!aa CINV1 .uN:Il. - ,.,- - ttOH VM t.1lG)l . :/I-Ji. ~!)Ml: IWlOS ]llN3o\V ONU .'tal ..... >.10,/ - ~- ~ 0 -.. - - ... ... 14 ~ : ~ '- ] I ]J: ! , ~ll , i , o!5 c :::'8 ~ PI -:::g i:: .< , ~ i] J I . ..&. i o e ~ U~ " , i i i ~ ~ 11 ~ Ii i ~ - -- i : ~.. ~ C\I ..- C>> Z <:( .:..J a.. . , CJ ~ z Cl ~ <:( '" ~ ~I z o ~i 0 ~ ~ J= Z t:R~ @ o 2il rn F; I ~ .~:C . ~ U:8i~o: o 5 () o ~ : i . -...J Z <C ~ 0 w ~ '--111-l-lJ-.--t------L- 0.. 0 a: a.. '~~fi-mlllil!-~-1illJ~~Q-~1-illjl ..... -- --- - - RESOLUTION NO. 01-349 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE COTTAGES AT HOYT ROAD PRELIMINARY PLAT, FEDERAL WAY FILE NO. 98-104394-00SU. WHEREAS, the app Iicant Rick Williams, through his agent Michael Davis, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as the Cottages at Hoyt Road and consistingof approximately 16.4 acres into forty (40) single family residentiallots located in the 33300 Block of Hoyt Road SW, on the east side of the street; and WHEREAS, on May 26,200 I, an Mitigated EnvironmentalDeterminationofNonsignificance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services I pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C; and \ WHEREAS, no comments which raised issues which required a change in the MONS were submitted to the Department of Community Development Services; and WHEREAS, no appeals of the MONS w~re submitted to the Department of Community Development Services; and WHEREAS, the Federal Way Land Use Hearing Examiner on August 28,2001, held a public hearing concerning the Cottages at Hoyt Road preliminary plat; and WHEREAS, following the conclusion of said hearing, on August 28, 200 I, the Federal Way Land Use Hearing Examiner issued a written Report and Recommendationcontainingfindings,conclusions, and recommending approval of the Cottages at Hoyt Road preliminary plat subject to conditions set forth , therein; and WHEREAS, on October 1,2001 the City Council Land Use and Transportation Committee I considered the record and the Hearing Examiner recommendation and voted to forward a recommendation EXHIBIT D ORI GINAL Resolution Noon I _ 14 q , Page # I - -..~~ -- for approval of the proposed Cottages at Hoyt Road preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section. 20-127 of the Federal Way City Code to approve, deny, or modify a preliminary platandlor its conditions; and WHEREAS, on r9 e.. T. ~2001, the City Council considered the written record and the Report and Recommendation of the Hearing Examiner on the Cottages at Hoyt Road preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,. WASHINGTON, DOES HEREBY RESOLVEAs.FoLLOWS: ( \ Section I. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Land Use Hearing Examiner's Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adoptoo as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a fmding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City Code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for sfudents who walk to and from school. \3. The public use and interest will be served by the preliminary plat approval granted Resolution No.O 1- 349 . Page #2 herein. Section 2. Application Approval. Based upon the recommendationofthe Federal Way Land Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the Cottages at Hoyt Road preliminary plat, Federal Way File No. 98-1 04394-00SU, is hereby approved, subject to conditions as contained in the Recommendation of the Federal Way Land Use Hearing Examiner dated September 6, 200 I (Exhibit A). Section 3. Conditions of Approval Integral The conditionsof approvalofthepreliminaryplat are all integral to. each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat ( ~ approval granted in this resolution shall be deemed void and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase ofthis resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or , phrase of this resolution. ! Section 5. Ratification. Any act consistent with the authority and prior to the effective date Resolution No. 01-349 , Page #3 of the resolution is hereby ratified and affinned. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED By THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS 16tBAYOF October ,2001. CITY OF FEDERAL WAY ~ ... MAYORMi. ~ (.i . ..IQj~~~ CITY CL RK, N. CHRISTINE GREEN, CMC APPROVED As To FORM: ~dff/s~ ~ CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: 10/09/01 PASSED By THE CITY COUNCIL: 10/16/01 RESOLlITIONNo. 01-349 , ! Resolution NQ. 0 1- 3 4 9 . Page #4 " Page - 1 ~ ~E~ ~78'0: ~~ c~;ty Clerks Office CITY OF FEDERAL WAY ,ty of Federal Way OFFICE OF THE HEARING EXAMINER IN THE MA ITER OF: ) ) FWHE# 01-06 COTTAGES AT HOYT ROAD ) ) 98-104394...00-SU ) 98-104393-00-SE ) I. SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval of a 16.9 acre parcel into a40 lot single family residential subdivision. II. PROCEDURAL INFORMATION Hearing Date: August 28, 2001 Decision Date: September 6,2001 At the hearing the following presented testimony and evidence: 1. David Graves, Contractual Planner for City of Federal Way 2. Mike Davis, representing applicant, 27013 Pacific Highway South #353, Des Moines, WA 98198 3. Dan Catron 32230 45th St. SW, Federal Way, WA 98q23 4. Pamela Kramer 33175 42nd Place SW, Federal Way, WA 98023 5. Robert Stiers, 33225 43rd Ave. SW, Federal Way, WA 98023 6. Pat Curran, 33180 42nd PI. SW, Federal Way, WA 98023 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments Ci!l~ . ( .. Page - 2 2. Letter from Steven Jones dated August 28, 2001 3. Letter from Craig Ramsey dated August 22,2001 4. Letter from Ted Kramer dated August 28,2001 5. Power Point presentation 6. Letter from Dan Catron 7. Letter from Dan and Pat Curran III. FINDINGS 1. The Hearing Examiner has heard testimony, viewed the site and area, admitted documentary evidence into the record,andtaken this matter underadvisement. 2. The Community Development Staff Report sets forth generalfindings,applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in an irregularly shaped, 16.4 acre parcel of property abutting the east side of Hoyt Road north of its intersection with SW 340111 St. within the City of Federal Way. The parcel, covered with second growth Douglas fir trees, siopes downhill from east to west and from south to north. The applicant requests preliminary plat approval to allow subdivision of the site into 40 single family residential lots with a minimum lot size of 7,200 square feet. 5. The preliminary plat map shows a looped internal plat road with two accesses onto Hoyt Road and cul-de-sacs 9xtending to the north and south from the loop road. The map also shows a storm drainage detention pond in the northwest corner adjacent to Hoyt Road, a 15 foot wide buffer along the north property line adjacent to the High Point Park Division 3 subdivision, a 50 foot wide buffer along the east property line adjacent to the High Point Park Division 1 subdivision, and a 15 foot wide buffer along the south property line adjacent to the Wedgewood Division 3 --- ------- -----~-- -~--- Page - 3 subdivision. 6. Single family residential homes in the High Point Park Division 3 subdivision to the north, the High Point Park Division 1 subdivision to the east, and in the Wedgewood Division 3 subdivision to the south abut the north, east, and south property lines. Hoyt Road abuts the west property line, and properties to the west of Hoyt Road are improved with single family residential homes. 7. The parcel is located within the Single Family Residential (RS) zone classification of the Federal Way City Code (FWCC). Section 22-631 FWCC authorizes detached dwelling units as outright permitted uses in the RS-7.2 zone classification with a minimum lot size of 7,200 square feet. Said section also requires structural setbacks of 20 feet from the front yard (street) and five feet from the side and rear yards. Structures may extend a maximum of 30 feet above average grade. Abutting parcels to the north and east are also located within the RS-7.2 zone classification, while parcels to the south are within the RS-9.6 classification which authorizes single family homes on minimum 9,600 square foot lots. Parcels to the west across Hoyt Road are within the RS-7.2, 9.6, and 15.0 classifications. Since the minimum 'lot size will equal 7,200 square feet, the project complies with the RS-7.2 classification. The project will be compatible with surrounding development which has occurred in accordance with City zoning. 8. A visit to the site establishes that the parcel appears to be one of the last remaining undeveloped parcels in the area. Many new subdivisions and other development has occurred in the area in therecent past to include the subdivision to the east and north. A single family subdivision constructed in accordance with conditions of approval and City ordinances should fit in well with the existing neighborhood. 9. Concerns were raised regarding the ability of the applicant ~o control storm water runoff from the site and the fact that the storm drainage pond will accommodate only a ten year ~torm event. The applicant must design its storm drainage improvements in accordance with the 1990 King County Surface Water Design Manual and the City of Federal Way Addendum to the manual. The applicant will install storm water collection and conveyance systems for all paved areas and will collect and route water to the on-site detention facility. Touma Engineers prepared a storm drainage report for the preliminary plat (Exhibit "E" to the staff report) which shows that a majority of lot 35 consisting of 3.73 acres will bypass.the on-site drainage facilities. Furthermore, because a project called North Shore Division 2 has diverted 100 acres away from the drainage basin within which the plat is located, the City properly determined that a design to accommodate the two and 10 year, seven day Page - 4 storm peaks were appropriate for the pond. The applicant also increased the detention volume by 30% over the ten year event. The City Public Works Department must approve the applicant's storm drainage plan. 10. Concerns were raised regarding the potential for erosion since the geotechnical engineering study performed by Terra Associations, Inc., identified the soils on site as having a moderate to very severe potential for erosion. Concerns were also raised regarding the amount of grading necessary to prepare. the site for constructing single family homes. The geotechnical engineering study notes that the applicant revised the grading plan as requested by the City to limit grading to that needed for roadways. The graded areas are generally limited to 2:1 slopes which reduces the disturbance of vegetation on the site. The geotechnical report concluded that the revised grading plans prepared by Touma Engineers are in general conformance with the geotechnical recommendations and the City's request. The geotechnical engineer recommended that grading on lots and roadways be performed concurrently so that the completed lots are at a potential final grade for individual builders, and to reduce potential problems created by grading on individual lots. However, the applicant agreed to honor the City's request and grade only the roads initially and then each lot individually. Such will preserve on-site vegetation and will limit mass grading to the western portion of the site near Hoyt Road. 11. While testimony at the hearing referred to slopes as much as 75% on the site, the City and the applicant's engineers agree that a majority of on-site slopes range from 15% to 25%. However, limited areas in the eastern portion of the site and larger areas adjacent to the east/west ravine in the north portion of the site have slopes of 40% or greater. Only those slopes associated with the ravine are classified as "steep slope hazard" areas. The applicant must submit a temporary erosion and sedimentation control (TESC) plan for approval by the Directo~ of Public Works prior to any soil disturbing activities. Implementation of the TESC plan along with best management practices will prevent and/or minimize impacts from erosion during the construction phase of the project. Post construction erosion will be minimized by implementation of the storm water drainage plan and stabilization of disturbed areas. 12. As previously found, the site is heavily vegetated with Douglas fir, other evergreen and deciduous species, and a thick understory. As previously found, the applicant will retain all natural vegetation on the site except that which will be rem.oved for grading and home construction. The applicant conducted a tree survey in accordance with Section 22-1568 FWCC, the significant tree provisions. The tree ------- . . Page - 5 survey identified 590 trees larger than 12 inches in diameter located outside of the grading and clearing limits. Sections 20-186 and 22-1568 FWCC require retention of significant trees located outside of the grading and clearing limits until building permits are issued for single family lots. After construction of the roads and utilities, approximately 392 total trees larger than 12 inches in diameter will remain. Most of the significant trees to be retained are located on the easterly portion of the site as grading will not occur in that area. Trees will be lost on the west side of the parcel which will support the roads and water detention facility. Since greater than 25% of the significant trees located on the site will remain, no additional tree planting is required. Construction of the plat as proposed complies with all City ordinances requiring retention of significant trees. 13. Concerns were raised regarding the adequacy of the wildlife assessment as it did not consider wetlands off site to the west and wildlife corridors. Portions of the site will remain undisturbed and will provide habitat areas for urban wildlife. No testimony or evidence asserts the presence of any State or federally listed, threatened, or otherwise protected animal species on the site. The City's Comprehensive Plan PriorityHabitats and Species Map likewise does not list the presence of any priority habitats or species on or adjacent to the site. The wildlife study prepared by Terra Associates concludes that development of the property "will not impact any listed species or habitats of concern". The study indicates the presence of Pileated woodpeckers, a species designated as a candidate for listing on the State's priority habitat and species list. The State Department of Fish and Wildlife has prepared management recommendations for Pileated woodpeckers, and such will be incorporated into the management of the buffer tracts and the undeveloped portion of lot 35. While abutting and nearby residents reported seeing eagles flying into and out of the site, no nests have been located. 14. Concerns were raised regarding existing traffic problems in the area and the safety of the proposed southern access onto Hoyt Road. The applicant must dedicate a nine foot wide strip of property adjacent to Hoyt Road across the plat frontage and increase the half street right-of-way width from 30 to 39 feet. The applicant must also install frontage improvements to include concrete curb and gutter, planter strip, sidewalk, and street lighting. The internal plat roads will also be public streets constructed to City standards with concrete curbs and gutters, planter strips, sidewalks, and streetlighting on both sides. Both the Public Works Department and Fire Department have approved the subdivision access and roadway system. The applicant will install sidewalks along all lot frontages within the subdivision and along the Hoyt Road frontage. Mitigating measures in the MONS require the applicant to contribute itsprorata share of the construction cost of projects identified . Page - 6 in the City's Transportation Improvement Plan (TIP) which subdivision traffic will impact. The applicant will contribute $10.800 for traffic improvements on 320th St. 15. Concerns were raised regarding safe walking conditions for elementary school children who will walk to Green Gables Elementary via Hoyt Road. The sidewalk constructed by the applicant will tie into the sidewalk adjacent to the High Point Park subdivision to the north. However, said sidewalk ends south of SW 329th St. and students currently walk along the shoulder of Hoyt Road to SW 329th St. where a crosswalk and an adult crossing guard ensure a safe crossing. Mitigating measures in the MONS require the applicant to install a warning sign advising of the presence of the school crossing and also to install curbing which will separate the commonly used walkway from vehicle traffic along Hoyt Road. Such will assure safe walking conditions for elementary students walking between Green Gables Elementary and the subdivision. The applicant must also satisfy the City school impact fee ordinance and pay to the Federal Way School District the sum of $2,710 per single family housing unit. 16. Section 20.;.155{b) FWCC requires residential subdivisions to provide open space in the amount of 15% of the gross land area of the site, or in the alternative, pay a fee in lieu of open space for all or some portions of the area required. The open space required for the preliminary plat calculates to 2.46 acres and the Federal Way Parks. Recreation, and Cultural Services Department has reviewed and accepted the applicant's proposal to pay a fee in lieu of providing on-site open space. 17. The City of Tacoma will provide both domestic water and fire flow to the site in accordance with City standards, and the applicant will construct a fire hydrant within 350 feet of each lot. 18. Lakehaven Utility District has provided a Certificate of Sewer Availability and will serve each lot in the subdivision with sanitary sewers. As previously found, the City of Tacoma will provide both domestic water and fire flow to the site and has provided a Certificate of Water Availability. 19. Prior to obtaining a recommendation of approval of a preliminary plat to the Federal Way City Council. the applicant must establish that the request satisfies the criteria set forth in Section 20-126{c) FWCC. Findings on each criteria set forth therein are hereby made as follows: A. The project complies with the adopted Federal Way Comprehensive Plan which designates the parcel as Single Family High Density. ---- Page - 7 B. The preliminary plat is consistent with all applicable provisions of the FWCC including those adopted by reference from the comprehensive plan. The applicant must comply with the provisions of Chapter 18, Environmental Policy; Chapter 20, Subdivisions; and Chapter 22, Zoning as well as othe~ applicable codes and regulations. C. The project will be consistent with the public health, safety, and welfare if developed in accordance with conditions of approval, the mitigating measures set forth in the MONS, and applicable provisions of the FWCC. O. The proposed preliminary plat is consistent with the design criteria.set forth in Section 20-2 FWCC. The plat provides water, sewage, storm drainage, and recreational areas. The plat will also promote safe and convenient travel on streets and provide proper ingress and egress. It will also provide for the housing needs of the community. E. The preliminary plat complies with the development standards set forth in Sections 20-151 through 157 and Section 20-158 through 187. 20. Neighbors raised concerns regarding development of the preliminary plat both in writing and oral testimony. However, no expert testimony or studies were presented to contradict any of the applicant's or the City's experts. It appeared to the Examiner that both City staff and the applicant had considered the concerns raised by residents and addressed them in the plat design as much as reasonably possible. The plat provides significant buffers between residential areas where the code requires none, and the applicant will not engage in mass grading of lots even though recommended by the geotechnical engineer. As stated by the Washington Court of Appeals in Maranatha Mining v. Pierce County, 59 '!'In. App 795 (1990): The only expert testimony in the record shows that the mitigation measures would prevent ground water contamination. The fish hatchery operators advise that the project would not affect their operations. The Examiner's findings show that Maranatha's proposals would mitigate the impact of dust particulates. The draft EIS stated that proposed improvements to roads and a bridge in the area would allow for "safe and comfortable" travel on affected roads. The only opposing evidence was generalized complaints from displeased residents. Community displeasure cannot be the basis of a permit denial. 59 Wn. App 795 at 804. ---- -- ------ - -- -- Page - 8 In the present case, while citizens have raised significant concerns, the applicant and the City have responded to all such concerns and provided amenities not required by code. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The proposed preliminary plat of Cottages at Hoyt Road complies with all. requirements of the Federal Way City Code to include Section 20-126(c). 3. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainageways, streets, roads, alleys, and other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds, and safe walking conditions for students who walk to and from school. 4. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision in a growing area of the City. Therefore, the Federal Way City Council should approve the proposed preliminary plat subject to the following conditions: 1. Stormwater conveyance, water quality, and detention facilities used to control stormwater runoff from the site shall be located in a stormwater tract dedicated to the City at the time of final plat approval.. unless located within improved public rights-of-way. 2. All streets shall have a minimum pavement section of three inches Class 8 asphalt over seven inches of crushed surfacing to support the traffic loads. 3. Tract E, labeled as a Native Growth Protection Easement, shall be re-Iabeled as a Native Growth Protection Area Tract. Provisions related to the preservation and enhancement of native vegetation in this tract shall be included in the homeowner's association documents and submitted to the City for review and approval prior to Final Plat approval. - . Page - 9 4. Consistent with the management recommendations of the Washington State Department of Fish and Wildlife (WDFW) , during preliminary plat construction, snag creation techniques shall be used to provide and enhance habitat opportunities for Pileated woodpeckers within buffer Tract "Eiland appropriate portions of Lot 35. Within these areas large lots and stumps shall be left on the ground. Dead and dying trees that are not hazardous to surrounding properties shall be left in place, and healthy replacement trees of sufficient size to replace existing snags when they fall must be left in place. Prior to the issuance of construction permits for the preliminary plat improvements, the applicant must submit a management plan consistent with the WDFW recommendations indicating the proposed measures to provide and enhance habitat opportunities for Pileated woodpeckers within buffer Tract liE" and appropriate portions of Lot 35, to the City's Community Development Services Department for review and approval. 5. Clearing for the construction of the plat improvements, including roads, I stormwater improvements, and utilities, shall be generally consistent with the I I clearing limits depicted on the April 27, 2001, Site Grading Plan that was prepared by T ouma Engineers as part of the preliminary plat application materials. The clearing limits referenced above are the approximate clearing limits necessary for road, stormwater improvements, and utility grading, and may be modified with the approval of the Community Development Services and Public Works Departments during final engineering review as required to reflect changes in road, stormwater improvements, and utility designs, if any. The remaining clearing beyond these limits necessary for development of the residential lots shall not be performed until such time as approved permits are issued for development of the residential lots. 6. Clearing and grading activities shall be restricted during the wet season, October 1st to April 30th. No clearing and or grading activities shall occur during this period unless previously approved in writing by the. Public Works Director. Page - 10 RECOMMENDATION: The Federal Way City Council should approve the preliminary plat of Cottages at Hoyt Road subject to the conditions contained in the conclusions above. DATED THIS ~ DAY OF September, 2001. ~ TRANSMITTED THIS DAY OF September, 2001, to the following: APPLICANT: Rick Williams 19904 Des Moines Memorial Drive Seattle, WA 98148 AGENT: Michael Davis Davis Consulting, Inc. 27013 Pacific Highway South, PMB No. 353 Des Moines, WA 98198 OWNER: Rick Williams 19904 Des Moines Memorial Drive Seattle, WA 98148 Mr. and Mrs. Robert Stiers 33225 43rd Ave. SW Federal Way, WA 98023 Paul Kramer 33175 42nd PI. SW Federal Way (WA 98023 Dan Catron 32230 45th PI. SW Federal Way, WA 98023 Pat Curran 33180 42nd PI. SW Federal Way, WA 98023 Robert LaBounty 33313 41st Ave. SW Federal Way, WA 98023 David TresdaJe 12525 Willows Road.#101 Kirkland, WA 98034 Tom Touma 6632 S. 191stpI. Ste: E102 Kent, WA 98003 City of Federal Way c/o Chris Green P.O. Box 9718 Federal Way, WA 98063-9718 -- -- ---- . . . CITY COUNCIL REVIEW, ACTION Pursuant to Section 20-127, following receipt of the final report and recommendation of the hearing examiner, a date shall be set for a public meeting before the city council. The city council review of the preliminary plat application shall be limited to the record of the hearing before the hearing examiner, oral comments received during the public meeting (so long as those' comments do not raise new issues or information not contained in the examiner's record) and the hearing examiner's written report. These materials shall be reviewed for compliance with decisional criteria set forth in section 20- 126. The city council may receive new evidence or information not contained in the record of hearing before the hearing examiner, but only if that evidence or information: (i) relates to the validity of the hearing examiner's decision at the time it was made and the party offering the new evidence did not know and was under no duty to discover or could not reasonably have discovered the evidence until after the hearing examiner's decision; or (ii) the hearing examiner improperly excluded or omitted the evidence from the record. If the city council concludes, based on a challenge to the hearing examiner recommendation or its own review of the recommendation, that the record compiled by the hearing examiner is incomplete or not adequate to allow the city council to make a decision on the application, the city council may by motion remand the matter to the hearing examiner with the direction to reopen the hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the motion. After considering the recommendation of the hearing examiner, the city council may adopt or reject the hearing examiner's recommendations based on the record established at the public hearing. If, after considering the matter at a public meeting, the city council deems a change in the hearing examiner's recommendation approving or disapproving the preliminary plat is necessary, the city council shall adopt its own recommendations and approve or disapprove the preliminary plat. As part of the final review, the city council may require or approve a minor modification to the preliminary plat if: (a) The change will not have the effect of increasing the residential density of the plat; (b) The change will not result in the relocation of any access point to an exterior street from the plat; (c) The change will not result in any loss of open space or buffering provided in the plat; and (d) The city determines that the change will not increase any adverse impacts or undesirable effects of the project and that the change does not significantly alter the project. -- --- RESOLUTION NO. 04-416 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, MODIFYING THE APPROVED PRELIMINARY PLAT FOR THE COTTAGES AT HOYT ROAD, FEDERAL W A YFILE NO. 98-104394-00 SUo WHEREAS, on November 16, 1998, the applicant, Mr. Rick Williams, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as the Cottages at Hoyt Road and consisting of 16.4 acres into forty (40) single fami ly residential lots located in the 33300 Block of Hoyt Road SW, on the east side of the street; and WHEREAS, on May 26, 200 I, a Mitigated Determination of Nonsignificance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C; and WHEREAS, pursuant to City Council Resolution 01-349, on October 16, 2001, the City Council approved the Cottages at Hoyt Road 40~lot preliminary plat, in compliance with Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes; and WHEREAS, the Cottages at Hoyt Road plat has not yet been constructed; and WHEREAS, the applicant, Mr. Richard Williams, has authorized Trinity Land Deve[opment and Barghausen Consulting Engineers to act as agent for the preliminary plat for the Cottages at Hoyt Road and the applicant has requested to: revise access locations on Hoyt Road SW, revise grading limits, reduce the lot count to 35 lots, revise the open space configuration, reconfigure the road and lot layout, and revise the location of the stormwater facility; and WHEREAS, on June 2[, 2004, the City Council Land Use and Transportation Committee (LUTC) considered the request for the preliminary plat revision, found the revised preliminary plat in substantial conformance with the approved preliminary plat, and voted to forward a recommendation for approval of the Cottages at Hoyt Road revised preliminary plat to the full City Council; and EXHIBIT E - . - Res. # 04-416 ,Page I ORIGINAL Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOL VE AS FOLLOWS: Section I. Adoption of Findings of Fact and Conclusions. The findings of fact and conclusion of the Department of Community Development Services June 15, 2004 memorandum and recommendation to the LUTC, are hereby adopted as the findings and conclusion of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. Section 2. Application Approval. Pursuant to FWCC Section 20-136(b), based upon the recommendation of the Department of Community Development Services and findings and conclusion contained therein as adopted by the City Council immediately above, the revised preliminary plat for the Cottages at Hoyt Road, Federal Way File No. 98-I04394-00-SU, is hereby found to be in substantial conformance with the approved preliminary plat, and such revisions are hereby approved subject to all requirements of the Federal Way City Code and conditions contained and referenced in City Council Resolution 0 1-349. Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision ofthe subject property. Should any court havingjurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shaH be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Res. # 04-416 , Page 2 Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent j urisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BYTHE ClTY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS6thDAYOF July ,2004. EDERAL WAY ( / dt~ ApPROVED As To FORM: ~~ CITY ATTORNEY, PATRICIA A. RICHARDSON BLED WITH THE CITY CLERK: 6/30/04 PASSED By THE CITY COUNCIL: 7/06/04 RESOLUTION No. 04-416 Res. # 04-416 . Page 3 , . .~ CITVOF ~ Federal Way CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM To: Jack Dovey, Chair Land Use and Transportation Committee FROM: Kathy McClung, Director of COm[Unity Development Services Jim Harris, Senior PLlrme~... ,..,;.. VIA: David osele i na r . RE: Cottages at Ho Road Revised Preliminary Plat Application No's. 98-104394-00-5U and 04-l02107-AD DATE: June 15, 2004 I. STAFF RECOMMENDATION Staff recommends the Land Use and Transportation Committee forward to the City Council a recommendation to approve the proposed. modifications of the Cottages at Hoyt Road preliminary plat, finding that the modified preliminary plat is in substantial conformance with the approved preliminary plat. II. SUMMARY OF PROPOSAL The applicant has proposed modifications to a preliminary plat that was approved by the City Council on October 16, 2001 (Exhibits 1 and 2). Specifically, the applicant has requested to modify the clearing and grading limits of the approved preliminary plat, and modify the location of the two access points onto Hoyt Road SW. Modifications to the preliminary plat, will result in five fewer lots, . reconfiguring the road and lot layout, modifications to the open space, and modifications to the location of the storm water facility. III. BACKGROUND As identified in the June 3, 2004, Barghausen Consulting Engineers letter (Exhibit 3), the applicant has determined that the approved preliminary plat design is not feasible or practical to construct, has not been designed to accommodate the existing site characteristics and grade constraints, results in ,~..; .- -- lots with slopes of two feet horizontal to one foot vertical (50 percent slope) extending up to three- fourths the depth of the upper lots, and would ultimately require approximately 140,000 cubic yards of excess soil to be exported from the site for construction of the roadway infrastructure improvements and the homes. IV. REASON FOR COUNCIL ACTION . . . Pursuant to Federal Way City Code (FWCC) Section 20-136(b), amongst several criteria, the City Council must ultimately find the final plat in substantial compliance with the approved preliminary plat. As detailed in Section V below, the proposed plat modification results in some changes to the approved preliminary plat layout. Therefore, City staff is requesting the City Council detennine if proposed modifications to the approved preliminary plat are in substantial confonnance with the approved preliminary plat. Criteria contained in FWCC Section 20-127 also can provide a benchmark as to the significance of the proposed modifications. Pursuant to FWCC Section 20-127, when the Hearing Examiner has forwarded a recommendation on a preliminary plat application to the City Council, the City Council may require or approve a minor modification to the preliminary plat if: 1. The change will not have the effect of increasing the residential density of the plat; 2. The change will not result in the relocation of any access point to an exterior street from the plat; 3. The change will not result in any loss of open space area or buffering provided in the plat; and 4. The City detennines that the change will not increase any adverse impacts or undesirable effects of the project and that the change does not significantly alter the project. Although these criteria no longer apply to the current proposal, they do provide factors for the City Council to consider regarding whether the modifications are major or minor, and ultimately whether the final plat would be in substantial conformance with the approved preliminary plat. v. FINDINGS AND CONCLUSION 1. FWCC Section 20-179 only allows plat construction to include clearing and grading for approved infrastructure (e.g. streets and utilities) as depicted on the engineering plans. The remainder of the plat is typically cleared in conjunction with home construction. Due to unusual topographic constraints at the site, the applicant proposes to clear and grade the plat infrastructure concurrently with clearing and gradingflll of the developed portion of the individual building lots. If approved as requested, the revised plat will result in more initial clearing and grading than is permitted on the approved preliminary plat. The currently approved - preliminary plat only allows clearing and grading for the plat infrastructure and some limited areas of clearing and grading beyond the right-of-ways arid utility corridors. As identified in the June 3,2004, Barghausen Consulting Engineers letter, with the existing preliminary plat, approximately 80,000 cubic yards of soils material must be moved to conduct the roadway and utility improvements for the currently approved plat. Then, after the final plat is recorded, extensive further clearing and grading of approximately 60,000 cubic yards of additional excess material will need to be hauled off-site at the time of construction of individual homes. Land Use and Transportation Committee June 15, 2004 Cottages at HoYt Road Revised Preliminary Plat /98-1 04394-00-SU Page 2 , . Condensing the majority of the site earthwork into one phase wili result Iii more initial visual impact at the site than would result from the approved preliminary j:>laLHowever, conducting the majority of the clearing and grading into one consolidated phase will result in les~. construction impacts to the surrounding streets, as less soils will be"haul<XI off site,.,a~d the bulk of the earthwork will be conducted during the initial clearing and grading phase.' . . 2. The modified preliminary plat will result in preservation of a comparable or greater amOlmt of existing mature vegetation than would be preserved by developing 'rue approved preliiiiinary plat. 3. The modified preliminary phlt will result in elimination of two interior cul-de-sac bulbs, and relocation. of the main interior street, approximately 50 feet east of the currently approved lOCation. 4. The preliminary plat modifications will result in revision to the location of both access points onto Hoyt Road SW~ The applicant has requested to move the access points in order to provide additional roadway length to elevate the roadway grades to better accommodate the existing terrain of the property, resulting in less site grading. Relocation of the access points onto'Hoyt Road SW will not, create additional impacts to the surroun~ing area, as the northern access point is proposed to be relocated approximately 400 feet north, and the southern access point is proposed to be moved approximately 200 feet south of the currently approved locations. 5. The applicant has provided a preliminary sight distance analysis identifying that the proposed access points can meet applicable sight distance requirements. If the plat modification is approved by the City Council, prior to approval of plat construction plans and commencing construction, the applicant Will be required to provide a final sight distance analysis in accordance with applicable standards; and provide written assurance to the City that any improvements such as clearing,.grading,and/or obtaining off-site easements or right-of-way dedication can be secured by the applicant and provided to the City, 6. The preliminary plat modifications result in five fewer lots than the approved preliminary plat. 7. The preliminary plat modifications result in preserving more constrained on-site open space than the existing approved plat. However, no usable open space is provided on-site and a fee-in-lieu of on-site open space will be required to meet FWCC Section 20-155, consistent with the approved preliminary plat. 8. AIO-foot wide arterial landscape buffer in a separateJandscape tract is required along Hoyt Road SW in compliance with FWCC Section 20-178 consiStent with the approved preliminary plat. 9. The Native Growth Protection Easement (NGPE) proposed along the east side of the site results in a comparable width ofNGPE as the approved preliminary plat. If the preliminarypl~t modifications are approved, strict provisions regarding vegetation removal, reciprocal easements, and prohibition of an structures will be required on the final plat in order to be consistent with the intent of the open space tract on the approved preliminary plat. 10. The preliminary plat modification is subject to all applicable codes and policies as well as all findings, conclusions, and conditions of approval contained in the original preliminary plat approval, City Council Resolution No. 01-349 and the September 6,2001, Hearing Examiner's recommendation. Land Use and Transportation Committee June 15, 2004 Cottages at Hoyt Road Revised Preliminary Plat I 98-1 04394-OO-5U Page 3 --------,----.- - ---.--- ;,. , Conclusion: Based on finding; 1 - 10 above, the preliminary plat modifications as proposed are in substantial conformance with the approved preliminary plat Further, based on FWCC Section 20- 127( d) the proposed modifications to the preliminary plat will not increase the density of the plat; will not result in substantive relocation of an access point to anextetior street; will not result in loss of buffering or open space; and will not increase any adverse impacts or undesirable effects of the project. VI. COUNCIL ACTION A draft resolution finding the modified preliminary plat in substantial compliance with the approved preliminary plat is attached (Exhibit 4). After consideration of the request, the City Council may, by action approved by a majority of the total membership, take one of the following actions, pursuant to FWCC Section 20-136(b). l. Adopt the staff recommendation finding the preliminary plat modifications in substantial compliance with the approved preliminary plat, and the applicant may proceed to engineering design and construction of the modified preliminary plat; or 2. Find that the preliminary plat modification revision is ,not in substantial compliance with the approved preliminary plat, and reject the request for a revision to the preliminary plat, requiring the applicant to file a new preliminary plat application. EXHIDITS l. Approved Preliminary Plat for the Cottages at Hoyt Road 2. Modified Preliminary Plat for the Cottages at Hoyt Road. 3. June 3, 2004, Letter by Dan BalmeUi, P.E., from Barghausen Consulting Engineers Inc. 4. Draft City Council Resolution Finding the Modified Preliminary Plat in Conformance with the Approved Preliminary Plat. . .' - - '->1"-:_'..' . ,., ....., "1<01:'" ApPROVAL OF Cd~mEtREP(fRl' :::; '-, " ,- . ....'.. " 'F":'f.>~'.>':-"'.-_~'~,<"'\'--- .:.....;.l.'::..-. -!ack!!,~~~i;'~,I1~~I[:'::~:,~:;,,,"",,,,, .,. ~~~~!l:t~~&~l\1end)er 'F;~~'~ai5.~~,;,ii\!~~,~.~r: . ,,,,,..... . Land Use and Transportation Committee June 15,2004 Cottages at Hoyt Road Revised Preliminary Plat / 98-1 04394-00-SU Page 4 -------- ------ -- ------- . ; 0 f \ \', i. ~~ " ", \ .. '. \ '. :( ,," ' '" ).. \~J<' ,; I \ I" '\ /(cSP ('S""4-f! . 4 -i~. Ir ,;: \ \\ ... ,t!~"Z"'O'" ~~ n . ~ ,('.1, \ '~...\ \" / / II' , I 1/11 ,- HIGH POINT .'."'1< J '~ . " . - ~ ~ ',. ~.' \ \\ \, ... I " 'I /11'( ,"l : \lOL. tall pc;, '-4 '- \. ... \\" i ' \ I~ ! \ \t. ,~, \\, \1 . I I I I 1 ~ '~)..- . ~~.. 'io<~t:.b{\/II'Ii/I!I!/1Il~l.\\l~:"-':'''','~0".::.....<:---.:.>,'\I\\\~ \\~'\'o '. SI"~2"C . 8 _ ~.; \~~ ~ \ I I ~ ...":........ . -' ,,~: .. \ ' I 1 ! \'\. ........ ~,~ . -.....;;.., _ ! ~ (\ ~~; '~ll 1//!:ft~~~-I-JdH.~~~0!t*~~'~~~'i:<\~'>)'\),)~~~>\\ '~\l)IJ) lJI~II~Jj"mJ I Tr~\ .\~ '\" ,.\_:"-~~-~~~~~-=-~:-.._.~..~._~ \\~' I \ \\ \.. '.' "\1\.1.. 'I. ,,~~.sI{~, ~~~~~ '~~f ( )',1),,) I J )) ~ \ . ~ "-----------.......,,':"~~,', ---=.:..-:--- - '::. . \\" ~"o ~ \ \ o,>S\'{'h~~{.'\'i"J...)Z'\\/"~\~~;~ff~~~l~',;A' ~~;;~j';/;//~1/ /1'//(' \ '...-:::,-~--==::::....~---:--\-\\ \\.:s,~~-:::.:::=:: . \ \ ""\ \~~ ',f'. !> ,\ \ t) ~""~'''~~'~~'-' I ,.. "I' " . 1/ ( \..-- --... --____ \ I --, '- -.-....;.. --~ \ \, ';'" ':.. ,"\ \, \, \1\YJ..~}o,tl'~)g, . :') '/1 /,' ~~'l.' ,Wa1?J{,~\: ~/,/ ((' r' ( ( <", \ \,;;;-3';s::::"'-:-"~::- <~"'--",- . '\-.:.\~::::;""~~~:= .' . ... \ .. . I l , 1\\:'\ ,,, "1\\" \ \ \ , , " '__"'- _~......... ...;\ "',......_ -___ ...~__:---_ -_- \ \ \' \ 1 t "" I I' :\ \ \ \'U\ , , " , ........, '- ----.---- \'nj'" ......-.. -- ~ -- -- ....... ,\ ;\ ." ~ . \ \ ~ \'1 ~., ~r '/ I" { :f'.f'( "'.. ',', "\"''''~\'I'\''\\l\ ' " ',- --- ---:-:. \I<""'~-':::::-=:::'-'::::-=-_"::--'::::----" ,', \', \ 'I j.- I i f.,.,,{. \ \ \\\.: I '~\' ;~~ ,-', ------- .....,.~ ~-..- ------ ---- -- -..... '"'- \. ~\ \, ,;\~~, \ \ \ I' I, ! I )/1) . II' {,I 1/1///1,'1\ V I" i'f~~' .,~ I' \\\~~\\~\~~~tu ~~~~~=~==:::.:..:::~\\~~ :' ~E-=:::::::5~~~~~:::-~.. - \ \', \', ~~"\I I 'I I ,/ (' I,,' I r'l .~. 1'}\1'~I""ltt""J -..-...-,--------- '\~,-- -::::-------..:::--,-.,- -...--,.........::-- \\~.. \~~~\~~\ \ h\\$\\\~ \\(\(\<\((~~lfr~1~~1~~1.1~&~~;~~-:===~:t~7 "~3=~-~~~~~"""""'~~~~" \ \\ ~x\\\\\~~\\' ) I / \ \ \\'19l1'\\ '~.~:-}L~1't-" '. : 111!~~~~~'.....~~=--:::.-::'-=:::::::,'--==--=:g:>\...._:..:, I ' / I / /.... /'.. \ \\(" 1\ '~\\\\ L\ ' !! " ) ) $ ')~L\ ~..... ':"-::JfJJ1JJ' '~~ 't'J!{~~""''''''~~~~''''''''~-::::::::':::::::--::,:::--=--===-::,~,{; .4:. / l I /.1 / // ,.,-":' \ ,\ ,\1\ "I J I! '-... ........ 'H::."!-;'ff' -~~ ,- ,lfill-;................. ... ..., ....;:--,~..._-..:--_ -_._-~)... '.""/ 1 /. / ;' / I ./ /./, I' . . 1 I I ..............~, II _.;;"I ly."!.....~ " .........~" -_ -~ . '/;,..' ./_"'. -' ~_.,:.;(_ - .~,..., __,/" .,/ ,1'\ ~ 1: ,! j / /;/U. _-...."~7J1fii rt~~~ 71/ \.~<::-......:::- .....'-s-;:.~--~?''- " 7/---:>7:;'-::::' - ....:;:~~~~~:?~3::::::: II, \ ,,~~, \':' .: J"1--(..L;' , 1(,. 't 't l ~'I ~>'~~i;l/~~ .~~ ~~:;. W: "", .............'-.......... ~::::-~::-... ':>' >) JJ.i/1 ..d~<~./.,,- '. . ~~;:;:;:::.:::~.:: 'I~'" ~\ I' 1\,.1 ! l~,I '/" /,,;,1J1ll':Jl-hJf,=%;P ..""--'-~:-_'~"'''~''' ~ '~'-' "",-,f. .. ~ . ./. ~:,c~~~..-.. ....::--~:;.-;;:-:::-~_.:::- . I 1\ '~\ l' , II I I /'/. ,,/ "c!,,"J~)~.{11N::~""- //'-; - :~ -- '.:-' p' ..~.... -~ . ." . "'~I. lIi11 '\ .1\\ \, , I I J / Ii /( /(<//>~JPJ!ff.,' 1~ijH I ~~~~;:~.:::: 1iP-' ' .' - . '~~. ~.>., . ",': -" ... - .. - . : '." )1' \ 1I~ \ I Ii I ., \ \ ( (' rr,' ?,:;:::::.~_:::::=-..:.::-~7S.~ - .. ,<",,-, - . il': 111' \ II \ 1/ I " IIJ-/:~~"!ijjj!:!llltrI!.~ "/""i' ,/ ,<>-::::- .--.. ~:;r_?? ,'j " rJ'->" ' i. i;.. Jill \ I i\\~\\..\\i~\\ 'lUll' ;;:f1rf.t'l<~~1$gJ1# /(/(I;~~:~;Jk~~I;:;:S::~~~?~~~;-;~~~/' / ,~\" / ~' "J\] 1,\' '1Ii\~\ 'Nl1)"f')'~:~:f:"J.~ n\I,(\ \\\"-1,;' -- ('": . ( ........... 1~.Of; I 1\\\\ ~ :.\,\:"'\"....~'\\\\\l!ti{;{/}~lN,'~A~.;.~\\~o\\~\'\\\\~_;,~";~~~I'" ;\,\1, \\ (\ \1 t 1".. I II ' ' 1\'........ '\ '.' '( . \ I , I ~ . .l, \ \ \ -...-"".., , '\ I j , .l '.'It I 'I \ \~,. , ",' \\,~\\\I?,r,.,i.j.}lWht.\ \' \\~\\\'T\\\.~:\ \~,,\\,'}\\'\\\,~q\ \ 1/\ I ) I ! '. . ~, 'OM ~ \ I' , II II 1\11 I' I \, ~t I fe' , \ \ \. -~\ II' /"..,' , 1!: .... . II \ ii, i .' \ .", .~I] ~~\'t}I~~II\'\\'\\~\\~~\ \ \\\1:.~\ I \ \'ie\\W\",~itl/////I/ / /; ( .. r:1';, I' \ I\-' -1':\\ '. \'b'O\~ '\"\"\\!lli""~l':\\\\'\\~~\" \\\'\jb\\\\ \: \ \ \\l'i\.o1vi'\;j.l'{,,'/I.'1.i<!'A"GPI' , ,~... ,. I) , "I ~ .\ \ I I~I HI I 1'1 n, \' \' \., '", ,. l t' / / ~' .. , :m" \ I \ ~..~ \ \ j'l'llll' I' I' I. .',',:' ).7; ".i.~ .tr..~.i · '~tU1I/I/." ',' , !....I~~..' I \! \ 1\\' \ '\ ~ :l\!I\i\V\1\!V,Hl'\!~\lW~ );1\.j~'Z/il'?/~'~')~1.~rth~~11~(.~\~8~-;~/ C2 '/"" '" : ,,~.~ I ' i ~\! \ fl~,l lJl}IIIi~JI'I!~KI~\I~.e!~ /t.9"o''9// :".e!>~//t''1},n7\}.f'~(' '///,,/..., , " t;:; I \ 1\ ~- Ii '\ t\~\!\~,,~\\\\\l~~~'ftk'~< (('(((1:(/ (//\:r(;/(/}{.rtr.~.It,l.\'\ ,,' / /"-- / \,. i ' : f- I b """\1" .'ll\i\1 II", \'-':'." , 1" '.' ',\ f). i ~:: i. \ 1\ I \ \ '\"nl': \\\\1""'~ '. "~'.~I\ \\\\\\\"~'l~~t~n\\~h\ '\1 ,~ <.. ~ ~~.;~; C21 \ ~.~ III~\~\~~ It'I."~~\'~I~ \,,~ '\ ~\\ \\\\\ \l~ 1.,\ ~\\\'~~q n~t 0i ~Il ~ ' '-... T+--.-...... . I, '~":, . f ..H \.H~rml}::H1\~jW\)i\')'i*~*:111.0\\~~\\\\:\h\\\lm'~~l.'~"~-V~ '" .. .. ~:. . IT ~ 1\\ I. FJ:>.AII \1'~dHl.u{,\-\.~I')'\l1k~' 1;1I11!'iiill:,\\~\I""h!" .:1 \ ii ............... .:h. I 1\ '\ \ '.~ / t / . ( ., n){ i1 : I:; U., I"., .. ./ /, 'i,' J I . I 'I I' \ > \ i \q I d I\~ ~ \ ' \ I' ~ S' ! 1\ 1\\" I ~., ~ fJUmtbf,,,/Y.bl/'; 11. 1/11 ill, 0\\ " !'l \\'1\~\~:~~'~~\{\~ \.{\ \ '\ '\~~~. i ,I" " ~ I' l ~ 0/ . .I I 'I" 4 i , I i \ i' I\S' \~ ,,\ lil \ \ " 't.. I \ \ 1\ ~ Y!('ll~ 1.f(lll::}nr:::'W:.i'~-/ IX, )~~ .J_~I \.)\ \ \\'d~\~\NIN\' \ \ \ ~ j,' \~ .../! '~/~I'i1.1 "'dl:P'1HJU~:..f'{I. ,'" -:rr 1/1,. l4:;.!:J:'r~. " !r~a:~j . A'~: I V I, ',\ i !h/. 1:'"IIA:/.'::.r:,,{.f1l1 /.1 ", / I { 'I 1/'1' 1/\ ~\!\ 'J...!1J .....~.~~:.:. ~ II !'\ ~8\f~, : It r\~ I 1t:~}l!~'lrr~r:~l~I/:/ ('~/iJ/ ( U l ,iMt 'II i,UH\\~\~\\l,l\ 11 "\ ---- ;.. .. ,.,. 1 ' ~N'U!~I"'li':\r.\ ,"', \' .... to. , ,'<:>, I I \~\I\lr.", 0 NaPE '!<' I \.... \' '. 1 ,\ '.1, I ".11"'1\' I\~\ \ . \.,', I, \ \~i I I Ali {. 1\9. ': '.: . '/hb?m"1 !rJibl~J:dl'j\~,~. \ ~~."-'-' \ c_'\ ;~rdili\(U11 \ I Ij), ,'" ':L. :-\ \: !.! ~~} ~1:11l!rl~I'~i\~~~e.~. \"" .......\'.. \~\\l,in~\\h'I' ~ ,)111 "';. .f.,; \ -'" I: .; I / \on.t " , 111\1 I II !~ ! ~ 11T', . . .. \. . 0' 0) ;.: \ \ \ 'I 'm\ \ \ \"~'I ',~U ;'I~' I ! i ~. !d ~~. r, 1:-""" .' ..t~" ,111,...111'1111'11.1. 0 'i'.. '1' ',1 . 'III 0 .... !P,'.. ,O~' 'j /./;:\ ~\ i ""II,,,.,,111~0V~ 1,'1.,"/' ,l'!IJ.,':'!!\n:11ili' \b ~ - .~~.. :):! \:1 ' ~n 11~111111,'11.. I' ....';'/'///, :i.!/ /(1!1"1:., 'I 0 ------o~: ti.J 10 ~I' I' 11 \~~' .w~!J,M~1Utj/111,:/ll> ,.-,-_;"~/I,!{I/ JI>.J~~)I):Jlrnll[~'lI1P,n','1,,~\ 'I\~ ~ ,,~ ,J:. : (I) .' I I (I). iJi.t I~ 'II I I I I'D p( . ~, I f.!1 I II \: LJ c, :d i.I'f~.1 1\ 1.'Ifll'lljI11A"U)1 ",,/!o/'/j'oi,J,,/""\\'1 ~\ '1 \.r,~ ~.." l"~\.'I' '1\ ~\~~l'l" J""ir:I:~:~:!ill'JllfIJ I') ;///~"//I~'I(/;'(\\\\\:'\'\\ \ \~Il.\: ~2 ,,'ti lit....; I, 1 ~;.- nl/llll" II I~ I~I / I I / /p, I t 1'1"1 \ .~~. I". ,0.' " '1.-- '1' l . ~ ""'"1' '\'1' ~-i L.L ~ 'v'" 1 'I'l' ., . '" lfi' I: , .' '1'1' i :il!,III..". . 1 'I '.... ;' .. 7/' i~il!II'" [U/\ % '~ "'..( , '," 1,11", II 1/ ).'1 I / .,11, 11tl ' , /. ~ '. :J.' . ~\ 'I " I " 'l",,:.j,.,HIU :1,/: I .' ", !, lI." I,',y, I !l1~iO ), . ~.t. I ~ I ,f I l'III'IIJI"'III.:o;, j '" 'Ittlll, l fit" __ ~.. ~.. , "J. (~l()"IJ~. ( l'll'.l,.",." Ill'" .~I\)., Q('J.~ I Il!lCD I,}",' ! ~lG.i",' . f .....--" ::. (\1' ":::;: 1.1111111111111 Q)"\ ,g 'pl.'1I1 'G~i':~'" ~t.. CJ . ",l~. "!!OI!:' IllII.IOIIIII:1.;".'i ,.;\ ' !}.IIIIIIOI\,;/.'I ~ .:- .. .I....t: \ : ...! \. .,o.~ \ :'-:1::.J :~::. ~ ~\ ~ ~ ~;& ,- .' '. I .::-" ",.; I 1 I , ; " r' ~ .',., ... '\;, 11'.111111111111;\. . ~ ,,11111,1 ;)/")\ I ;.': ' \ ,,".' \'" lO" ,.' ~ '0.' '\"'\", Yi' I J I . "\~"\i" ~ "\"'\111,' i '\ \ , ~ I "'~\" ,I, ' \ R.:. ! ! \ 't I, \. \U~ \ {l~':ii~ \,\\\~ (\ . ~ \ \ \ \ ) ) .J ,) ) gf\ I i\~\H\r. II'~I \' (~I p,;. l' \.. \ ~i ~ "ltrT\tn'r\l I (, ,.., ~ \\ -..--- ,~; ! l0 Y I \\:i . I,iro\ \ f! lH1f1 \\~ \i \ ~ \ \ \6 1'1 ~ ~ 'III ,~ ,I I \~ \~ \ 1\ \~: T\~\b I' \) \ \ ll- . .:.. I : : .;\~' ~. IIII,'llll, / :Ii' I Q+IO~; I ( 5 \U~h;~\~ rf1l n ...... A.....-r ~ . \. obi I.y,~, W1.U1,{A'/;\ ( l \ II II ~ ~ I " \ ,J " \ \\\\\nHi' ~d'1/f.'I\ \ \\ "', ~ ~! ' ~ ,'J ~I" } ".'J""'\ '1" I II\) I J/i' , 1'&" ',I: , i ~tt ?C / / 1-- l~ \Y\ \ I ,~ II f '11~}~A'1:~ ~ q ~ \ ~ ~ j J -j-} -[ I \, ~ : T~\g u tq f\ \ \ \ \ \ \ \ 1.'1 ~~ 113; f ! \ 'H, :~\\1~. Il'l~i~~ i \l\f,\\d \ V\jJ// /'>> \ i\ ~1 \ \ \ \~"'.~ ~nl~\'i\~~\ ~&' \\~\\ \~\ '-@"'-- ~~, I~. ,a'. ll, , 'I \ II I ",, '. It" \ \ IV 1\1' "J . ,'\ ' .~ 0; \' t\ '\ I ,~~ 11,,"r\I,//'" I \ '. t I',', \!\~\~l"ll.. "I' "\ 3 .( J 'ti/. II I J\i\Wrl.'l p,l \,~:,~ r. V\(~:' ~ \ \ \ \ I \... '. . " 11.\1 It \ I I i\1 C3 ~l:i'. f I : , ",I"'I'MiYl" ",not',\!I~\ ~~ .. \ '. i 'o~\>"'o\\\'II,,,",\ \ 1'\ H\,~ !" I : , ;;:" /."/:' II ll~lfll 11,1' c-'" \ I ... \~J. I II~IIII\ ' \1 ;'. i ! I I' "\-r~' lH' 'i';~"r.)~!!l~, l'I').!,I' 111'\'\ l :lll \\~ '.. \ \ \1J, I, \, "-"I\>, ,\\,I\,\::I\nllll \ ;'1 \\\'\\- '1 I _ .\ I: ;. . 1'1,11 1111 "I \1 ~ i I I I \~!S)""I 111\111\11 I \ \ ~ _-_ ~~ /: \:\ JI'!f' ~ f.rfi' '1111('1\1 :\i ~ \ \ \ I I \ ...1 \ \ I ,'\Il\~l\ll~!i. \ "'-:;:::;--.:-____ ;1. 3c " I , II J I j . f" \ " \, ~ ' ~ \ \ I ::1;- .--- :~,' 4f,: \ ~ \ 1,'1; I:I~ I :i'II\!1 \.\: ,\ \\.t\\\},\\~\~~ \\' " \~ .\\\,:\ \ T:~~\'i \ \ml~,\'\'\~ ~""~~'o~,... : ~~.' ! '-! f l'a: \, !~.l", ~ In\I\~ ~'Ul,', ~',~ 1,:, tJ. ". \ \. . " '1'1 l:3, \ ....li;~'l4.),H~ 'a.It",~:'".~ '.' ~_ll . I' I Ii! , I I .... .... ,', '.,,1> '" ,,-' . ~ ' \'.' !: " &.I"~ ~. b ~\~ fi ~ \-\.11 \\ ,. ~ '{ ~~, '.. '. . '\ \ ' \ '0 \! I~t II'} II ~I .. .. '1 :" },\:I. ~:, ~ \'1""" ~1t.1"l1iNh~~I"'\"""" 'Ii"" . ""''',1\\ (~:: , ~, ..;\. ~' . 0)(1$.1\1(\1'1' .. _...~, .. ..... . \ I ,...",,_""' -r-- 1I1.11'IAlI \.......,.. . ~,'1 \ \ 1,' [ , 1',1': ' 'll, ,4 III" >1110 II \ r.' 'j \'. '1",,~ \ \ i \.." 1 I ~r I 111'\ \ fm-t":\'t" /~..-t.. ') 1\ \1 ' _' _- .'.' \ :l. \'1 " i )~"I,ir'~III ,'1 ,-., .......'., -{ ...)50010 ";'- I ....", /1)'1IUIIIIII ,," /, ) i \--- - It1'. ,.....L. ~:i/L'j~..~,~&!.n~~~..u\ r'~..\'.......lR~':-'" \\ \~ to'..).: / / f~.IE9 //~~\"1~{ttH': ./.,.~',~/,/.\ ';.... ,.' : - '~\~~I'~ ~..J.uI~{~"{,\\1t\'i.J").......S'<:::iiifO"tt '\ ~.~c,lll! ill:/ I ~\t{qll':\:' I 1/// ., , Il;'\ II ~\ \!l"Il'''''\I!,!...! i'\-..:c.. <: \ \ ~",-' , r"" \/1" I, i,: ,/ \, \\\~;l!~~ 1,11--l,~W\,:~\1.n.....\ I '-' ~.~....'1\;'lilT i,jT(i7(' I \\\\111\111'11,,~\ ':,.\~'( . )......~'\". ~- - - --' \-~' i I ~, ~\\\\~ '" .1, " -- ,~ : '\ '\~J\\ J\;~~\\l\\\n\\~~~~fifr~,~~tt~t~~V\\\\ \\Jr\ \ '\tt~\\t~l~H~:111 ---- I " ,~.. ,,," "k"~' ''tI'.....) ',', ~'- 7"r i'tf;,~ I \' .....", \\'7111 'i ~ .j.." 'i ,t ;\~\, \ HH~ Lj~.:/-:-':;.i-:/~' -,r>;,) ,1~1 \ J/' dffiRttr~~~;-l \\ II '. . ."\ ,\-, I,,, I" ,. ...,,--, ~ r, ",. I ,.,JiJ I+U ".!...'3 1 I I: , Y; ".-" \ 1:,\1' 1\,n,t\I':"~.;q'~ ,,~)l'CI!"' 'rl.\...~{lii'~""~fTri~l~ VI/ill .'~ M......!. .... \ \\{ I; ,1,)(1'1",1 ' ,.,v'.,;~,>..., >.::, 0 ~ " t kt..:~...p,'''', ,~n1~nn~~111111 ,\" !) l- ~ . .. ....\ ", :Ii' " I 'I l V I~ \ , >, /' ..../ , I.... '.,&"', , ,,_,,"'" ,"'i f If'O(~ P'i :.' / . ~ '\"'\\..\", .... '! j ~ '....:D. \., \.....,.~. '. , " ^- ...., '. \ . \ \,\ '~'\":'\'l~d I { \ ( .';; I :' .... ~\\\~\l'" /.. ,: T/J: ';..,\~.\,. "i,1'...,.... 7,.>~~"',\:\>,.:~\\ \l[~~~\\A.j::\ i\l ( , \\' ./ . \~\ " Ii- ,..:. \~~"..., ..'".....r>'{"..~..:-......., \\li~\\\~~"~t~\J.,~i':n,( \ \ \ \',~~ ' :.' I "~\ \'" ....... v':^{ 1\1.... I ,-.: "1 ........ \~'... '.....1 I ,1i\'I\lll'1 II \ .( I r\ .\~\\~'\'''L '< (\I-(",:t \!'l:!I 'l!,.........:.\\f.))i~\))})k~mt I))! ') I ~ ;( '':i'I'. '. \\ ,ti-~., , l\:'~ II, ,\) ,/ f'~ \ , ). I'''. J@ I ., i'\ ','. \ / I I I " }: '\ '\!\':. ~ .r'<\ l> '" N n I \Ii) ,i:1 J jJ J :,:-~~l Ti ~'\"""~~'\.\11\11\'}M1..~~, \ (, I ! / // .' ',' , .' '\,' ~II'IIII,-:t'-' ~..".~..I.IIJI"fl\l'\\"'f '0' f \ (; '~~,\i: ! Uil.!:,~ti!It&~~~i:("i)j))i!/ ill r I.. ./ :. ) \ \ (\.. '\\~f~:: / J rv'j'/!'/:' ~UiY / /r1 (/~~/~~~ :~::.>' .h\;I'\~\I;\r.~;';:r:t))( ( ( ( ( ( ( I ! II \\(-~\ -~,i. ~~/l r ~ !(f:vH{t!jVI~/:J/\1l~~jf~ff3~~JJ1\n~\\I: \\\\ \ \ \ \ 1 ! I II '. I " ~\..\ \& : f l ~ :''It,~,,I-,t~ri I ...),;o:J1:,j:':~~;~J';")':'~/)j~h: \ ~ \ ! I I I I I I: .~. '. \ \"0' y..... \, .. .! OJ TRACT E \ i.\ /, ~'j" I:!\,\ \ ~ I" ....]." Il' !ill,. - / \ \" \_\" ~'&l\~\ '1Ilii' \. il''" "l \ \\ ," ..... \ .... I ~~ WeOC!"WOOD l1'~S71 1/1 ~ ~ / or"'. I \.1 .,. . 1;01 I e: \"'0 I IJ 1_, \\.. ~~~';-:"\\~' \ "I bQ ''::', .":~J pc., .,'\"... b~ '" It' t " = ~~ ;. \ Y'~\ I Co :;: . ...' "~\.\1 I r. I ' ~ ~.,' ':C ~'........., , " 'l: '" ~.;.' n rn . '.;. K \ , ,,~' .'; . }. .... (J) ~.~ '.', \ I !., ~ Z' I ~ c: ~\\ ~ . I ;~ '0 tf Oo~ ~\I"~ j'" ';t ~~5 ...\~.\I\ -::~ ~. '0 ~ -i Ii ,...l!!! .t': ,.t '.-' No. R.ltI.lon ,........" GHA/. Sc I i ... ~ I VIS' lUTH 0..,.... -AI.. .0: For: Trtle: i "1,?767 lJJV'~"t..., ~ . . 0.... .-IIDI. H._....'., TRINITY LAND DEVELOPMENT PROPOSED GRADING I _l ~ . ": CO..k.; -AS- ,'.50' MOD/FICA TION PLAN . o' ~ r.. '" ~... ApprOYtl&! -6l.. V.rtieoJ , ....( . ..... .CMl ENGINEERING, LNlO PWlNING, N/' I: ~/"C ING'''i.'" SURVt'r1NG. t>MRONMENT~l SERVICES 0.,. JL~~.lR.! .,.~i~oI?;i..'^~~~.:.#.~t;'~:'Yi'"'''H''j'('t~'''7!'')o''' ... ........... ''''':;~~~:.:::) "':. r ..",.... '..' .M"""~:""'''''''''':''~I'''''~.'''''t~:.''I',(u'''''!o''r(,.../,... ,~, '1"" ~:'t~!:..~ f :::1;\':::'. .';, """7'.~~""'~""."'J'(...~."t~"..~...,~..."t''''''''':;:'[:J;:;~~i~'! - , ~~'-' 'i~~~'-" :;,;)i: .~ III 3 ;":~.~: )i HJGH PP/NT R~RK D/V. _ \ UNPLA TTED ,;' \ -.. I ....., I\) \ ';, \ \ ~ I _ " \ ,",~' 0..\ 'il \ '-J I , \ :',: \'. \~ '.: "- '. ' ' ~ " , '1J06. 3J' \ '. \ I \. l:::l ~ ~ ~ ~ ~ ~ . ~ ~ ~ '0.... o~ ~ . ~ () :::f ~ ~ I " <. I " ... , '" L--- -- ,/..... ~ r - e (..., ~_ -... I ~ (..., " l-_.t-- _- ," ,'^', , ,-1':: ," " ~ ;f ~ ,," ~- v I\) _ ,--- " -- I .^' ~ I ~.... <!: : ' .... ................ sa I.... ~ I _ ~ : l,.J u : ~ - I ... I\) _: ------- <: '" -- I: t:t: ~ '" i :~ J: ~ CXl , - .J: I ~ - - -- - - -~ .. - ---, a ~~l3 \J) . ... !: j f a~' 0; :r _ :Q i'i., 01 _ ~i _ l3 Q ~ III ... . ~_-- .. ~ ~ ~ \ii: 1\- .~~ Q !. ~ ~ ~ \ i~ 0; z. .! ~ SCALE 1 "-50' tfJ \ - It S c.,. \ _---- ---J - \ - ~ \ - ~ ~ - \ '" J:> V) \ ~ ' -- - -..,.., _J -- /\J ~ ~- - X , Co S _ \_ ~. . :-< \.--, -----~ > - ",I\) ,_---~ ~ ~ (:;1\) ,--_ \ -<: \ <0 . ~ I , " .l'-__--~ _ L-- I\) () ~ -- a . ----- ~ ~ I\) ~ -... ~ . ~", ~ ,- ~ ~ ! ~ - o ~ ~ I\) ~ ~ ~ + p I' . , · N897r51:r W 1312.69 459.51 ' I \ I \ I \ , \ , I WfDGEWOOD D/V 3 COTTAGES A T HOYT ROAD '=g~__ PREUMINARY PLA T -"""_I'&AC_r-,..~__ FOR RICK WlWAM -r_- -r__ r ~~~ FFDCRAL WA --~-- ~k~IW;;r;;{,*,i,,:,: ,LL_, ",; .. .. _, '. '. . .,,;..~. . .', '-',!l ..:- ~~~- ~"'J'~'.*,->?""" '", "-", ".. ',:' ,-,;'.<..\~l{;~~I,,\,;:'r:'~i'~'i: e:;;}-:t< ,;y;(;,:~:"".,.","..'...ii..' ~~ ~ "' w:.J ";.:21 ~G"HAV~ CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES I/J~' ,,'~ -. . ~ ci June 3, 2004 ~ ~ HAND DELIVERY \1'(-. t/" RESUBMITTED ~)o, ,'~ ''''G ENG'~~ Jim Harris JUN 032004 City of Federal Way Planning Department ~"'l .. IO;)./Oi-AD 33530 -1st Way South ,.,~~ Federal Way, W A 98003 -". RE: Submittal of Revised Preliminary Comprehensive Grading Plan, Cross-Sections, and Sight Distance,Study for The Cottages at Hoyt Road City of Federal Way File No. 98-104393-OO-SE Our Job No. 11432 Dear Jim: As requested in the May 21, 2004 letter from Kathy McClung, and our subsequent meeting on June 2, 2004, we are submitting plans, cross-sections, and site distance analysis for your review and consideration of a minor modification to the original plat of "The Cottages at Hoyt Road." As you know, our office has been assisting Trinity Land Development, L.L.C., in completing a feasibility analysis and preliminary civil engineering design services for the "Cottages at Hoyt Road" residential subdivision project. Due to existing grade constraints on the property and' from a detailed analysis of the original roadway and lot layout, it has been determined that the project, as currently designed and approved by the Qty, is not feasible or practical to construct, has not been designed to accommodate the existing site characteristics and grade constraints, results in lots with slopes of 2H:IV extending up to 3/4 of the depth of the upper lots, and would ultimately require approximately 140,000 cubic yards of excess soil to be exported from the site for construction of the roadway infrastructure improvements and the residential homes. . The project was originally designed by another firm and approved by the City of Federal Way as a 40-lot subdivision with two access points from Hoyt Road, a loop road, and two culs-de-sac. The proposed modification maintains two access points and a loop road from Hoyt Road; howeveri the access points have been moved closer to both ends of the property in order to provide additional roadway length to elevate the road grades to better accommodate the existing terrall}, of the property and the two culs-de-sac have been eliminated. The open space tracts and buffers, shown 6n the original plat, would be maintained and a significant increase in the area of permanent, undisturbed, open space buffers would be realized under the proposed modification. The stonnwater facility would be located generally in the same location as the original design, and the total number of proposed lots would be reduced from 40 to appro~tely 35. A summary of the overall improvements and reduction of impacts from the proposed plat modifications are indicated below. 1. Significant reduction in soil excavation prior to final plat recording Under the current plan, approximately 80,000 cubic yards of excess material will need to be exported from the site in order to construct the roadway, storm, and utility iDfrastructure improvements. 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782 fJ BRANCH OFFICES . OLYMPIA, WA . TEMECUlA, CA . WALNUT CREEK, CA wwwhl'lmhl'll,,,,p.n r:Om "- - --- ------ ----~-------_._- --_._-----~~ .~,~t~~~\\s,~ ,'- ", ,>.'}A;;~'_G'; :if';:", ,. "''''':'''-''-'.'H:~ ._~ -', .::; ..::'~'~..~.~.~':': ~;~-~:~~:...~;~ :?<:~:;; !~i!:\~t~ ~. ~.- . --::...:':'~ __$ ...;..:,:.... Jim Harris City of Federal Way Planning Department -2- June 3, 2004 Under the proposed design, earthwork required for the roadway and utility improvements will result in an approximately balanced site with approximately 35,000 cu_bic yards of cut and fill. 2. Significant reduction in soil export required after final plat to construct homes Under the original plan, once the roadway and utility improvements are completed, extensive excavation and export of material will still be required to prepare the lots for construction of new homes due to the resulting 2: 1 slopes that will be created on nearly all of the upper lots. This will result in approximately 60,000 cubic yards of additional excess export material that will need to be hauled off the site. Under the proposed plan, very little additional earthwork and grading will be required since the future lot grades will be established as part of the construction of the roadway through the balanced earthwork design. 3. Reduction of exposure to erosion through reduction in slope areas prior to home construction Under the current design, significantly more disturbance and potential for erosion will occur as a result of the steep slopes created along nearly all of the upper lots during the roadway and utility construction phase. Although these slopes will be required to be stabilized, significant excavation and disturbance to all of the lots will again be required during construction of the homes to prepare the building pads. This significant disturbance, excavation, and export of material from the site will continue throughout the constmction phase of the homes, which is anticipated to be completed within two years. Under the proposed modification, much less disturbance, excavation, and export will be required for construction of the homes, since the flat pad sites. will be essentially created during the roadway construction work. The disturbed areas can then be stabilized after construction of the roadway improvements and remain stabilized during the home construction phase, significantly reducing the potential f<;>r erosion. l' 4. Addition of permanent tree protection area along Hoyt Road Under the current plan, no pennanent undisturbed buffer will be provided along Hoyt Road and a majority of the northeast comer of the site will be cleared and extensively graded to create new lots. Under the proposed modification, a 40- to 50-foot-wide by approximately 6OO-foot-Iong strip of native trees and vegetation will be maintained as a pennanent buffer along Hoyt Road as shown on the enclosed plans. In addition, the entire northeast comer of the site will remain undisturbed except for minimal grading and sloping as required for constmction of the roadway: The amount of permanently undisturbed area under the original approved grading plan is approximately 2.4 acres. The amount of permanently undisturbed area under the proposed modification is 7.1 acres. ----- - ___ ____n __._ _ 1..~i~;~:0;h'; ...-' ; '..;;~u.~:;tj;i.~~f~~~~. J .:~'~' ..~-.N~f:'l':',~:~;~,~,-, .,~~':'; .;. L:~~t1:~"{ .' );,,~":':.,:'~~'~ :~::'i:_::::~:,~-"'~'.:_:" ..','. '..' '-: ..' . ~y . Jim Harris City of Federal Way Planning Department -3- June 3, 2004 5. Significant reduction in truck traffic associated with reduced soils export both before and after recording of the [mal plat. Under the current plan, approximately 4,700 truck trips will be required to remove the :t 80,000 cubic yards of excess fill from the site during the roadway, storm, and utility infrastructure phase. These truck trips will create an increased impact to the public from increased traffic on the streets, additional noise impacts, additional wear and tear on the public roadways, and additional street cleaning from dirt and debris from the truck tires. After completion of the roadway and utility improvements, an additional approximately 3;500 truck trips will be required to export the :t: 60,000 cubic yards of excess fdl material from the residential lots once the homebuilders begin construction necessary to prepare the lots for future homes. This will again create significant additional impacts to the public. Under the proposed plat revision, very little~ if any, excess fill material will need to ~ hauled off site during construction of the roadway and utility phase or the home construction phase since the project will, be designed to balance as close as possible. Normal stripping and unsuitable duff material will need to be hauled off site during the initial construction phase; however,this work is required under both the current and proposed designs. 6. Reduced number of lots Under the current plan, 40 new residential lots are proposed, most of which have not been designed to fit the existing terrain. Under the proposed modification, 35 much more buildable lots are proposed, resulting in a reduction of five lots and a significant amoUllt of additional permanently undisturbed area. 7. Significant increase in size of Tract E NGP A (Native Growth Protection Area) Under the proposed modification, Lots 35, 36, and 37 have been eliminated and the majority of these lot areas have been converted to pennanent open space. 8. Site distance analysis j' We have completed an updated site distance analysis based on the proposed modification and . have confirmed that both the north and the south entrances meet entering and stopping site distance based on the adjusted entrance locations. As clearly shown by the information above, the proposed modification will result in a residential project that significantly reduces all environmental impacts to the general public, provides significantly more undisturbed native buffer, provides a project design that accommodates the existing site terrain, reduces impacts on the public roadway system, and results, in a much more feasible, practical, and cost-effective development while still reducing the overall number of lots from 40 to a maXimum of 35. ~._~tj~f~~f'.'~(.'iif:;f(:;:"f:<:'~~"1~~-:"ij'!li;~i-:{,s(> . . ;, ;,., " ~~:1 Jim Harris City of Federal Way Planning Department -4- June 3, 2004 Given the infonnation above. it is our opinion that the revisions proposed to the project should be considered as a minor amendment because of the sismificantlv reduced trradin~ and earthwork volumes.. increased amount of pennanentlv undisturbed site area. and reduced impacts to the environment and ~eneral public. The following plans and documentation are enclosed for your review: l. Four copies of the original plat layout and grading plan, indicating higWighted tract and buffer locations, roadway layout, and lot layout. 2. Four copies of specific cross-sections through the site under the original design, indicating the cuts and fills and undisturbed buffers. 3. Four copies of the proposed plat modification, indicating the proposed roadway layout, lot layout, tracts, and higWighted undisturbed buffers. 4. Four copies of specific cross-sections through the project site under the proposed plat modification, indicating the cuts and fills and undisturbed buffers. 5. Four copies of the updated geotechnical engineering letter prepared by Terra Associates, Inc. 6. Four copies of the additional'topographidas-built survey and profile of Hoyt Road extending south of the southerly proposed driveway, indicating the existing and proposed sight lines necessary to meet the required entering sight distance. 7. Four copies of the updated site distance analysis, including a plan, profile, and section of the south entrance's southerly site line, exhibits, and photographs. Once you have reviewed the enclosed information, please feel free to contact me if you have any questions. Thank you for your assistance and cooperation. kb~ Daniel K. Balmelli, P.E. Executive Vice President DKB/tep/athlbd 11432c.OOl.doc enc: As Noted cc: Chris Austin, Trinity Land Development, L.L.C. (w/enc) Allison Moss, Dearborn & Moss P.L.L.C. (w/enc) Rick Williams, Preferred Building Contractors, Inc. All Sadr, Barghausen Consulting Engineers, Inc. -----.-.------ - RESOLUTION NO. O~- 'fsg A RESOLOTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASIllNGTON, MODIFYING THE APPROVED PRELIMINARY PLAT FOR THE COTTAGES AT HOYT ROAD, FEDERAL WAY FILE NO's. 98-104394-00 SU and OS-104602-00-AD. WHEREAS, on November 16, 1998, the applicant, Mr. Rick Williams, applied to the City of Federal Way for preliminary plat approval to subdivide ceIjain real property known as the Cottages at Hoyt Road and consisting of 16.4 acres into forty (40) single-family residential lots located in the 33300 Block of Hoyt Road SW, on the east side of the street; and WHEREAS, on May 26, 200 I, a Mitigated Determination of Nonsignificance (MONS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEP A), RCW 43.21 C; and WHEREAS, pursuant to City Council Resolution 01-349, on October 16, 2001, the City Council approved the Cottages at Hoyt Road 40-lot preliminary plat, in compliance with Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes; and WHEREAS, on ~uly 6, 2004, the City Council considered the applicant's request for a revision to the preliminary plat, and found the revised preliminary plat in substantial conformance with the approved preliminary plat; and WHEREAS, the Cottages at Hoyt Road plat is currently under construction, and the applicant found during the course of construction that the topography along the northwest portion of the site was not properly surveyed, and the survey shows the topography 10 feet higher than field conditions; and WHEREAS, the applicant has provided a tree evaluation identifying up to 30 trees on-site and off-site that are deemed potentially hazardous, and the City's third party arborist has identified an additional eight on- site potential hazard trees to remove, and 14 trees to monitor; and WHEREAS, on September 10,2005, the applicant, Trinity Land Development requested to modify the preliminary plat as follows: modify the slope and retaining wall configuration along the northwest portion of Res. # (JS ---: %K' , Page 1 EXHIBIT --J-_.. -~JilO'~ the approved preliminary plat, slightly re-align the northern roadway, remove potential hazard trees in the native growth protection easements, and replant areas where trees and vegetation have been removed; and WHEREAS, on September 19,2005 and October 3,2005, the City Council Land Useffransportation Committee (LUTe) considered the request for the preliminary plat revision, found the revised preliminary plat in substantial conformance with the approved preliminary plat and voted to forward a recommendation for conditional approval of the Cottages at Hoyt Road revised preliminary plat to the full City Council. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section l. Adootion of Findings of Fact and Conclusion. The findings offact and conclusion of the Department of Community Development Services September 13, 2005 memorandum and September 27, 2005 memorandum and recommendation to the LUTC, are hereby adopted as the findings and conclusion of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a fmding, shall be treated as such. Section 2. Application Approval. Pursuant to FWCC Section 20-136(b), based upon the recommendation of the Department of Community Development Services and findings and conclusion contained therein as adopted by the City Council immediately above, the revised preliminary plat for the Cottages at Hoyt Road, Federal Way File No's. 98-1 04394-00-SU and 05-1 04602-00-AD, ishereby found to be in substantial conformance with the approved preliminary plat, and such revisions are hereby approved subject to all requirements of the Federal Way City Code and conditions contained and referenced in City Council Resolution 01-349, City Council Resolution 04-416, and the September 27,2005, staff report to the Land Useffransportation Committee. Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this Res. # D~ CfSfJ , Page 2 resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase ofthis resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. REsOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS ifl'bA Y OF tfj.JbV ,2005. A TrEST: , JASON SUZAKA ,- Res. # () s- 4s Cj , Page 3 -- --- APPROVED As To FORM: ~~r#~~-r CITY ATfORNEY, PATRlCIAA. RICHARDSON FILED WITH THE CITY CLERK: /O/tI/ ~- PASSED By THE CITY COUNCIL: /b/4(tJl I ( RESOLUTION No. OS- -15K Res. # O~ ~4 58 , Page 4 ~- - .~ / ~ ~r",: I L E CITY OF ~ Federal Way : DEP ARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM DATE: September 27,2005 To: Jack Dovey, Chair Land Use/Transportation Committee FROM: Jim Harris, Senior PlalUler 2J I} ~ William Appleton, Development Services Manager, ,'(' VlA: DavidM~er . . RE: Cottages at Hoyt Road Revised Preliminary Plat Application No's. 98-104394-00-SU and 05-104602-00-AD MEETING DATE: October 3, 2005 I. STAFF OVERVIEW Trinity Land Development has requested to revise the design of the Cottages at Hoyt Road preliminary plat, which is currently under construction. Specifically, on September 10, 2005, the applicant requested modifications to the approved preliminary plat as follows: modify the slope and retaining wall configuration along the northwest portion of the approved preliminary plat,and remove up to 30 trees located within ,Native Growth Protection Easements (NGPE) around the perimeter of the site. Proposed changes to the Cottages at Hoyt Road preliminary plat are significant enough to - warrant review by the Land Useffransportation Committee (LUTC) and City Council in or<ler to determine if the resulting plat would remain in substantial conformance with the approved ' preliminary plat, or if the proi>osed revisions are not in substantial compliance with the approved . p~liminary plat. At the September 19, 2005, LUTC meetjng, City staff provided an overview of two revisions to the Cottages at Hoyt Road preliminary plat, which were requested by Trinity Land Development. The September 13, 2005, staff report to the LUTCis attached to this memo as Exhibit E. Following , discussion of the proposed revisions at their September 19,2005 meeting, the LUTC requested further information regarding five items as discussed below. Each LUTC request is identified in bold, and the City staff response follows each item. Cottages at Hoyt Road Revised Preliminary Plat File tI05-104602-OO-AD I Doc ID 33336 . LUTe Memo Page I 1 <,' ,*::'?",::, ~ " 1. 11ie tUJ~req,gested information regarding the appearance of the proposed retaining walls. ~-,,,"'i "0,. StajJ Response: The applicant has provided engineering plans, cross sections, elevation views, photos, 'and catalog samples of the proposed retaining wall design and materials (Exhibit A). The proposed walls are made of rough face concrete block. For this project, which is currently under construction and had an unexpected ten-foot error in the topographic survey, the proposed retaining walls substantially comply with the approved preliminary plat, provided the condition recommended by City staff is approved. 2. The LUTe requested the developer to meet with neighbors regarding proposed revisions to the preliminary plat including proposed removal of trees within the perimeter Native Growth Protection Easements (NGPEs) and proposed re-veget?'tion plans. StajJResponse:- Following4iscussion of the proposal at the September 19',2005 UITC meeting, the applicant and City staff met with ~eighbors of the Cottages at Hoyt Road project The developer has also scheduled a meeting with several neighbors at the site on Wednesday" September 28,2005. TIlls reJ50rt was prepared prior to the meeting; therefore, the developer will update the City Council committee on this topic at the October 3,2005 LUTC meeting. City 'staff will attend the site meeting. 3. The LUTC requested the developer to provide a survey showing the location and extent of encroachments into the NGPEs during site construction. StajJ Response: On September 26,2005, the developer provided City staff with a survey of the areas where construction activities encroached into the NGPEs. The survey map shows . approximately 14 areas of encroachment The areas of encroachment range from sizes of a couple feet of depth and width, to the largest encroachment area approximately 80 feet in width and 80 feet deep at the widest location (Exhibit B). Please see item five below, regarding restoration and replanting ofNGPE construction , encroachment areas. 4. The LUTC requested a copy of the arborist report prepared for the City to review the developer's arborist report by Washington Forestry Consultants. StajJ Response: A copy of the Septembe<r 14,2005, report and findings by Urban Forestry Services Inc, reviewing the [mdings of the Washington Forestry Consultants September 2,2005, report is attached (Exhibit G). Following the September 19,2005 LUTC meeting, City staff requested our consulting arborist ,- to conduct an additional site visit to evaluate and report on the following: a) NOPE trees which -' , have been impacted by approved const::ruction which are now subject to root disturbance; b) NOPE trees which have been impacted by unauthorized encroachment into the NOPEs; c) trees located in the NOPE which were dead, dying, or dangerous prior to plat construction; and d) perimeter NOPE trees remaining which are exposed to wind throw as a result of site development. A copy of the forthcoming arborist report will be provided to LUTC members at the October 3, 2005 meeting. _ Cottages at Hoyt Road Revised Preliminary Plat File #05-104602-OO-AO f Doc 1033336 LUTe Memo Page 2 j, , . r 5. The LUTC requested a plan be prepared by the developer for restoration and re- vegetation of the foUowing areas: sloped areas cleared through plat construction; areas of _ u~authorized clearing in NGPEs; and areas in NGPEs where t~e developer is requesting to remove hazardous trees. Staff Response: On September 27, 2005, the applicant provided preliminary landscape plans by _ Barghausen Consulting Engineers (Exhibit D) for the following areas: additional areas proposed to be cleared as a result of the proposed grade changes; areas of unauthorized clearing in NGPEs; an additional expanded NGPE generally located between the eastern NGPE arid the easternmost retaining wall; and areas in, the NGPE where the developer is requesting to remove hazardous trees. The preliminary ~andscapeplan prepared by Barghausen Consulting Engineers does not implement landscaping with native trees, shrubs, and groundcover to the extent City staff considers appropriate ii1 each of the affected areas described above. Therefore, staff has recommended a condition of approval pertaining to landscaping. For this project, which is currently under construction and whereby an arboristreport has been provided to the City describing approximately 25 potentially hazardous trees on the site; removal of the additional hazardous trees is warranted. The proposed tree removal and proposedre- landscaping substantially complieS with the approved preliminary plat, provided the conditions recommended by City staff are approved. n. LUTC OPTIONS Two options were provided for the LUTC consideration in the September 13,2005 staff report (Exhibit E). ill. MODIFIED STAFF RECOMMENDATION City staff recommends the LUTC fOIWard to the City Council and direct City staff to prepare a resolution, finding the modified preliminary plat in substantial compliance with the approved preliminary plat, subject to conditions I and 2 below, and allowing the applicant to proceed to engineering design, final landscape plan design, and construction of the modified preliminary plat subject to the following conditions: 1. A landscape plan shall be prepared by a landscape architect in consultation with a certified arborist for approval by the Department of Community Development Services. All landscaping shall be installed prior to final plat approval. ! The intent of the landscaping is to mitigate for loss of vegetation during the site development. .... The landscape plan shall be designed to replant the NGPE's and impacted construction areas with appropriate sizes and types of native trees; shrubs, and groundcoverin all areas, to provide an extension of the existing remaining forest community on the site. The landscape plan shall address each of the following: a. All areas ofNGPEs impacted by hazard tree removal. b. All areas ofNGPEs impacted by unauthorized clearing. - c. The expanded easterly NGPE area, generally located between the approved Cottages at Hoyt Road Revised Preliminary Plat File fl()5-104602~-AD I Doc ID 3JJJ6 LUTC Memo Page 3 ; ""' /" eastern NOPE boundary and the eastern most retaining wall, on all the lots along the east side of the plat. d. All areas outside NGPEs and outside lot areas that have been cleared as a result of plat construction. e. Existing mature vegetation shall be retained in the NGPEs to the maximum extent possible. f. Appropriate irrigation systems shall be provided for the planted areas. 2. The retaining wall design shall be approved by the Director of Community Development Services, shall include wall design with a maximum height of 10 feet above grade, and shall promote residential design themes through such means as terracing, orientation, color, material selection, anti-graffiti treatment, vegetation screening, pattern, and ~extural treatment. EXHIBITS A. Retaining Wall Design Materials B. NOPE Constru~tion Encroachment Map C.. Arborist Report by Urban Forestry Consultants, Septeinber 14, ZOOS D. Preliminary Landscape Plans by Barghausen Consulting Engineers, September 27, 2005 E. September 13,2005, Staff Report to the LurC with Exhibits 'Approval of Committee Report ~ack Dovev, Chair Michael Park, Member Eric Faison, Member ,. , , Cottages at Hoyt Road Revised Preliminary Plat File #()S-t04602~-AD I Doc ID 33336 LurC Memo Page 4 MEETING DATE: October 4, 2005 ITEM# ~~)- , __'_'_H'__p,p"_"'__"_'~'____'_"___'___"__'_"~H_'"...____.__....___...........__....._.....__....._...............__............._......_......_.._.___......___._____..___..____________.._____......____._. CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Cottages at Hoyt Road Preliminary Plat Modifications, File No. 98-104394-00-SU & 05-104602-AD .---.---.--------...----------.--..-....-...-.-.----.-...----..--------- CATEGORY: BUDGET IMPACT: ~ CONSENT D ORDINANCE Amount Budgeted: $N/A ~ RESOLUTION D PUBLIC HEARING Expenditure Amt.: $N/A D CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $N/A -------.-..-----.---------..-.----.-...----.--.--...-----,..------ ATTACHMENTS: September 27,2005, staff report with attachments to City Council Land Use/ Transportation Committee, and draft Preliminary Plat Modification Resolution. -----.---... .--.-.-.........----.-----------.- SUMMARYIBACKGROUND: The applicant has proposed modifications to a preliminary plat that was approved by the City Council on October 16, 2001, and revised July 6, 2004. Specifically, the applicant has requested to revise the design of the approved preliminary plat, including modifying the slopes and retaining wall configuration along the northwest portion of the approved preliminary plat, slightly re-align the northern roadway, remove potential hazard trees in the native growth protection easements, and replant areas where trees and vegetation have been removed. Modifications to the preliminary plat will result in the construction of approximately 100 linear feet of retaining wall extensions along the northwest portion of the site, addition of a new approximately 325-foot-Iong retaining wall, an increase in the height of existing and proposed retaining walls, steepening of slopes along the northwest portion of the site, increase the area of clearing and grading, slight re-alignment to the northern roadway, and the removal of mature trees within the NGPEand replacement with new plantings. -.---.-.---.---.---.------------.--.--.---------.--------- ---- CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC voted to recommend to the full City Council conditional approval of the Cottages at Hoyt Road preliminary plat modifications, finding the modifications in substantial compliance with the approved preliminary plat -~_____.___.H_.__.____._______.___________...____..__._..__.._____.________.__._.____ . ~._. PROPOSED MOTION: "1 move approval of the Resolution conditionally approving the Cottages at Hoyt Road preliminary plat modifications as recommended in the September 27,2005 staff report." ~TY~~~~:~------~---- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED COUNCIL BILL # D DENIED 1 ST reading 0 T ABLEDIDEFERRED/NO ACTION Enactment reading D MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # -- - -- ---- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, MODIFYING THE APPROVED PRELIMINARY PLAT FOR THE COTTAGES AT HOYT ROAD, FEDERAL WAY FILE NO's. 98-104394-00 SU and 05-104602-00-AD. WHEREAS, on November 16, 1998, the applicant, Mr. Rick Williams, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as the Cottages at Hoyt Road and consisting of 16.4 acres into forty (40) single-family residential lots located in the 33300 Block of Hoyt Road SW, on the east side of the street; and WHEREAS, on May 26,,2001, a Mitigated Determination of Non significance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C; and WHEREAS, pursuant to City Council Resolution 01-349, on October 16, 2001, the City Council approved the Cottages at Hoyt Road 40-lot preliminary plat, in compliance with Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes; and WHEREAS, on July 6, 2004, the City Council considered the applicant's request for a revision to the preliminary plat, and found the revised preliminary plat in substantial conformance with the approved preliminary plat; and WHEREAS, the Cottages at Hoyt Road plat is currently under construction, and the applicant found during the course of construction that the topography along the northwest portion of the site was not properly surveyed, and the survey shows the topography 10 feet higher than field conditions; and WHEREAS, the applicant has provided a tree evaluation identifying up to 30 trees on-site and off-site that are deemed potentially hazardous, and the City's third party arborist has identified an additional eight on- site potential hazard trees to remove, and 14 trees to monitor; and WHEREAS, on September 10,2005, the applicant, Trinity Land Development requested to modify the preliminary plat as follows: modify the slope and retaining wall configuration along the northwest portion of Res. # , Page I the approved preliminary plat, slightly re-align the northern roadway, remove potential hazard trees in the native growth protection easements, and replant areas where trees and vegetation have been removed; and WHEREAS, on Septeniber 19, 2005 and October 3,2005, the City Council Land Useffransportation Committee (LUTe) considered the request for the preliminary plat revision, found the revised preliminary plat in substantIal conformance with the approved preliminary plat and voted to forward a recommendation for conditional approval of the Cottages at Hoyt Road revised preliminary plat to the full City Council. Now TIlEREFORE, THE CITY COUNCIL OF TIlE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusion. The findings offact and conclusion of the Department of Community Development Services September 13,2005 memorandum and September 27,2005 memorandum and recommendation to the LUTC, are hereby adopted as the findings and conclusion of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a fmding, shall be treated as such. Section 2. Application Approval. Pursuant to FWCC Section 20-136(b), based upon the recommendation of the Department of Community Development Services and findings and conclusion contained therein as adopted by the City Council i~ediately above, the revised preliminary plat for the Cottages at Hoyt Road, Federal Way File No's. 98-1 04394-00-SU and 05-1 04602-00-AD, is hereby found to be in substantial conformance with the approved preliminary plat, and such revisions are hereby approved subject to all requirements of the Federal Way City Code and conditions contained and referenced in City Council Resolution 01-349, City Council Resolution 04-416, and the September 27,2005, staff report to the Land Useffransportation Committee. Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this Res. # , Page 2 -~..._.- resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a CQurt of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOL YED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS _ DAY OF ,2005. CITY OF FEDERAL WAY MAYOR, DEAN MCCOLGAN ATTEST: INTERIM CITY CLERK, JASON SUZAKA Res. # , Page 3 ApPROVED As To FORM: CITY ArrORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERIC PASSED By THE CITY COUNCIL: RESOLUTION No. Res. # , Page 4 . ~ CITY OF ~ Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM DATE: September 27,2005 To: Jack Dovey, Chair Land Use/Transportation Committee FROM: Jim Harris, Senior Planner ;>J\\.. . ~ WIlham Appleton, Development ServIces Manager ,,' VLA: David M~r . RE: Cottages at Hoyt Road Revised Preliminary Plat Application No's. 98-104394-00-SU and 05-104602-00-AD MEETING DATE: October 3,2005 I. STAFF OVERVIEW Trinity Land Development has requested to revise the design of the Cottages at Hoyt Road preliminary plat, which is currently under construction. Specifically, on September 10, 2005, the applicant requested modifications to the approved preliminary plat as follows: modify the slope and retaining wall configuration along the northwest portion of the approved preliminary plat, and remove up to 30 trees located within Native Growth Protection Easements (NGPE) around the perimeter of the site. Proposed changes to the Cottages at Hoyt Road preliminary plat are significant enough to _ warrant review by the Land Useffransportation Committee (LUTC) and City Council in order to detennine if the resulting plat would remain in substantial conformance with the approved preliminary plat, or if the proposed revisions are not in substantial compliance with the approved _ prf;lj~nary plat. At the September 19,2005, LUTC meetjng, City staff provided an overview of two revisions to the Cottages at Hoyt Road preliminary plat, which were requested by Trinity Land Development. The September 13,2005, staff report to the LUTC is attached to this memo as Exhibit E. Following discussion ofthe proposed revisions at their September 19,2005 meeting, the LUTC requested further information regarding five items as discussed below. Each LUTC request is identified in bold, and the City staff response follows each item. Cottages at Hoyt Road Revised Preliminary Plat File #05-104602~-AD I Doc ID 33336 - LUTe Memo Page I , . 1. The LUTC requeSted information regarding the appearance of the proposed retaining walls. Staff Response: The applicant has provided engineering plans, cross sections, elevation views, photos, and catalog samples of the proposed retaining wall design and materials (Exhibit A). The proposed walls are made of rough face concrete block. For this project, which is currently under construction and had an unexpected ten-foot error in the topographic survey, the proposed retaining walls substantially comply with the approved preliminary plat, provided the condition recommended by City staff is approved. 2. The LUTC requested the developer to meet with neighbors regarding proposed revisions to the preliminary plat including proposed removal of trees within the perimeter Native Growth Protection Easements (NGPEs) and proposed re-veget~tion plans. Staff Response: Following discussion ofthe proposal at the September 19', 2005 LUTC meeting, the applicant and City staff met with neighbors of the Cottages at Hoyt Road project. The developer has also scheduled a meeting with several neighbors at the site on Wednesday, September 28,2005. This report was prepared prior to the meeting; therefore, the developer will update the City Council committee on this topic at the October 3, 2005 LUTC meeting. City staff will attend the site meeting. 3. The LUTC requested the developer to provide a survey showing the location and extent of encroachments into the NGPEs during site construction. Staff Response: On September 26, 2005; the developer provided City staff with a survey of the areas where construction activities encroached into the NGPEs. The slUVey map shows approximately 14 areas of encroachment. The areas of encroachment range from sizes of a couple feet of depth and width, to the largest encroachment area approximately 80 feet in width and 80 feet deep at the widest location (Exhibit B). Please see item five below, regarding restoration and replanting ofNGPE construction encroachment areas. 4. The LUTC requested a copy of the arborist report prepared for the City to review the developer's arborist report by Washington Forestry Consultants. Staff Response: A copy of the September 14,2005, report and findings by Urban Forestry Services Inc, reviewing the fmdings of the Washington Forestry Consultants September 2,2005, report is attached (Exhibit G). , Following the September 19,2005 LUTC meeting, City staff requested our consulting arborist . .'- - . to conduct an additional site visit to evaluate and report on the following: a) NGPE trees which have been impacted by approved construction which are now subject to root disturbance; b) NGPE trees which have been impacted by unauthorized encroachment into the NGPEs; c) trees located in the NGPE which were dead, dying, or dangerous prior to plat construction; and d) perimeter NGPE trees remaining which are exposed to wind throw asa result of site development A copy of the forthcoming arborist report will be provided to LUTC members at the October 3, 2005 meeting. Cottages at Hoyt Road Revised Preliminary Plat File #05-1 04602-OO-AO I Doc 1033336 LUTC Memo Page 2 - - 5. The LUTC requested a plan be prepared by the developer for restoration and re- vegetation of the following areas: sloped areas cleared through plat construction; areas of . u..authorized clearing in NGPEs;and areas in NGPEs where the developer is requesting to remove hazardous trees. Staff Response: On September 27,2005, the applicant provided preliminary landscape plans by . Barghausen Consulting Engineers (Exhibit D) for the following areas: additional areas proposed to be cleared as a result of the proposed grade changes; areas of unauthorized clearing in NGPEs; an additional expanded NGPE generally located between the eastern NGPE and the easternmost retaining wall; and areas in the NGPE where the developer is requesting to remove hazardous trees. The preliminary landscape plan prepared by Barghausen Consulting Engineers does not implement landscaping with native trees, shrubs, and groundcover to the extent City staff considers appropriate ill each of the affected areas described above. Therefore, staffhas recommended a condition of approval pertaining to landscaping. For this project, which is currently under construction and whereby an arborist report has been provided to the City describing approximately 25 potentially hazardous trees on the site, removal of the additional hazardous trees is warranted. The proposed tree removal and proposed re- landscaping substantially complies with the approved preliminary plat, provided the conditions recommended by City staff are approved. II. LUTe OPTIONS Two options were provided for the LUTC consideration in the September 13,2005 staff report (Exhibit E). ID. MODIFIED STAFF RECOMMENDATION City staff recommends the LUTC forward to the City Council and direct City staff to prepare a resolution, finding the modified preliminary plat in substantial compliance with the approved preliminary plat, subject to conditions I and 2 below, and allowing the applicant to proceed to engineering design, final landscape plan design, and construction of the modified preliminary plat subject to the following conditions: I. A landscape plan shall be prepared by a landscape architect in consultation with a certified arborist for approval by the Department of Community Development Services. All landscaping shall be installed prior to final plat approval. , 1)le intent of the landscaping is to mitigate for loss of vegetation during the site development. .... -The landscape plan shall be designed to replant the NGPE's and impacted construction areas with appropriate sizes and types of native trees; shrubs, and groundcover in all areas, to provide an extension of the existing remaining forest community on the site. The landscape plan shall address each of the following: a. All areas ofNGPEs impacted by hazard tree removal. b. All areas ofNGPEs impacted by unauthorized clearing. c. The expanded easterly NGPE area, generally located between the approved Cottages at Hoyt Road Revised Preliminary Plat File #05-I04602-QO-AD I Doc ID 33336 LUTC Memo Page 3 \ --- --------- eastern NGPE boundary and the eastern most retaining wall, on all the lots along the east side of the plat. d. All areas outside NGPEs and outside lot areas that have been cleared as a result of plat construction. e. Existing mature vegetation shall be retained in the NGPEs to the maximum extent possible. f. Appropriate irrigation systems shall be provided for the planted areas. 2. The retaining wall design shall be approved by the Director of Community Development Services, shall include wall design with a maximum height of 10 feet above grade, and shall promote residential design themes through such means as terracing, orientation, color, material selection, anti-graffiti treatment, vegetation screening, pattern, and textural treatment. EXHIBITS A. Retaining Wall Design Materials B. NGPE Construction Encroachment Map C. Arborist Report by Urban Forestry Consultants, September 14, 2005 D. Preliminary Landscape Plans by Barghausen Consulting Engineers, September 27,2005 E. September 13, 2005, Staff Report to the LUTC with Exhibits mittee Report ~~yJ Michael P - , ber Eric Faison, Member Cottages at Hoyt Road Revised Preliminary Plat File #05-1 04602-OO-AD / Doc ID 33336 LUTC Memo Page 4 . " lightweight Components (; Unique Design and I " High Connection Strength Construction Flexibility I to Geotextile ~, Easy Installation Hybrid Walls . Create Fences, Pillars, and Vertical and Battered Walls Planters with the Same I Variety of Colors & Textures Components I .:...,,'., GravityStonee is a patented segmental system that equips designers and contractors with an innovative I <i3~~gtiitlf building prodlJd: for RETAINING EARTH and constructing above-grade BARRIERS. GravityStone utilizes I two separate and standard design methods: M.S.E., ar:Jd Modular, while a third. hybrid design, is created by joining the two. Mechanically Stabilized Earth Systems have grown dramatically since combining I 1~~~q~} Geotextiles with cost effective and attractive S.R.U. 's. GravityStone enhances the M.S.E. advantage with '~:?f~i\.~. its unique design that allows multiple solutions for a site. I '~.'~ :i~'~" When used with Geotextiles, the units and assemblies comprising GravityStone provide high connection - strength, and unique design flexibility to fit the changing needs of a site. Gi-avityStone's three units and I assemblies provide distinct capabilities. For Fill sites of intermediate height (6-15 feet tall) GravityStone's Standard Unit used with Geotextile provides the most efficient and cost effective solution. The Standard Unit is an easy to handle 12" deep block that contains approximately" 5% open area. This logical design is ergonomically correct and functionally proper, allowing ease of handling during construction, and high connection strength. Cut or Fill sites requiring Walls taller than 15 feet are most economically served with the Mini-Cell assembly used in conjunction with higher strength Geotextiles. Mini-Cell's lightweight components easily assemble, into a deep, stable face that allows over 50% of the Geotextile to be eliminated from a standard design. Wall designs often require barriers (fences), on top, that provide fall protection or privacy. GravityStone accC)mmodates this requirement with its modular components. By simply connecting two Thin Faces together with an AnchorlJunction. double sided walls easily interlock and continue from a-top the retaining wall. In doing so the walls blend beautifully together, providing benefit of appearance. design, and construction. Barrier wall assemblies can be of various widths, and used for planters, or pilasters, When utility space immediately behind the waft is at a premium, or when lower sections of an embankment requite a cut, Hybrid Walls are the most applicable design. Hybrid Walls combine the function of M.S.E. and Modular, and are utilized vertically, one on top of the other. GravityStone Single-Cell- is the most applicable assembly for Hybrid designs. The 32" deep Single Cell proVides increased space, that is Geotextile free, in the upper regions of a MSE wall. This provides more room for utilities immediately behind the wall. When reversed, with the Modular wall design used below MSE, the narrow Modular cross section saves excavation. thereby lowering costs and installation time. For all GravityStone Walls the Dual-batter Alignment Plug provides alignment and shear resistance to assure accuracy and strength of construction. RECEIVED BY COMMUNITY OEVELOPMENTOEP~RTM~W GravityStone is the ONE product that adjusts to the varying conditions of sites and soi san, at is why GravityStone is SO SIMPLE, SO ADVANCED. SEP 27 2005 · See GravityStone Modular literature GravityStone@ Specifications at a Glance STANDARD UNIT CORNER BLOCK Dimensions 11.8" x 8" x 18" Dimensions 5.8" x 8" xIS" Weight 75 pounds Weight 45 pounds Face Area 1,0 sq.ftJunit CAP BLOCK THIN FACE BLOCK Dimension 11"x4i'xI8" Dimensions 5.8" x 8" x 18" Weight 60 pounds Weight 60 pounds GENERAL INFORMATION Face Area 1,0 sq. ft/unit Compressive "r^~_'" " nnn - Absorption ANCHOR/JUNGION BLOCK Dimension. Dimensions 4.6" x 8" x 11.6" - Weight 30 pounds COLOR Check with - Actual unit dimensions, weight, and availability may vary or change w Contact the manufacturer for details, '- LEVELING PAD PLACE GEOTEXTfLE Prepare a foundati(ln by over Following the engineers design. excavating, filling in. and Place the Geotektile at the compacting the specified proper course and to the - aggregate to the desired grade. sp~cifiedlength: Make sure A small amount of bedding that the Geotextile is in fuff sand can be placed over the contact with the sOil. compacted aggregate to assist in final leveling, PLACEMENT OF STACK ADDITIONAL FIRST COURSE COURSES Starting at the lowest elevation. Contin~e stildinflthe wall to place a string line to locate the the appropriate height. 8ackfiI1 front face of the wall. Position and, compact afllir ,each course the fjl'St course of block to the using drainage aggregate line. Using a level and a rubber and soil as designated. Repeat mallet. level each block side to the process of'placing side and front to back, Geot~ile at the, lOCations as determinlld-by the engineer, PLACE PLUGS CAI' THE WALL After completing each course. Once the bo<jy Of !he walI'is place a GravityStone@ Dual- compl~e and biJdfilled. Batter Alignm!!nt Plug into pellllilnentJyaffix a ~d each of the two 'T" -Shaped GravityStooe@Clp BIoCIc to the Plug cores cast into the top of face Block,\.Isingan -approved each _Face Blqck.. Placing the concrtrte-adheSlye, Place 1/4" GravityStone Alignment beadOf~-~tothe Plug in the forward position wall face O!t bot/l.- sides ohhe will create a vertiqil wall, PluglJok5: PlaCe .thl!Cip Block revel'$ing the. Plug willcreateCOMMUN c)rj1O the a.;l~'I1'Ialiin9~ a 1112 (4.5 degreel batter. of it's pr!lpe(poSitjon; SEP 27 2005 PLACE DRAINAGE DRAINAGE SWALE AGGREGATE Tomininiize water infiltration. Place a!lS/regate inside,between. pLlcea i;Irain~g~sWilleat the and at least 12' behind each top 01 tbe- wiI,lt This, diverts block, Backfillbehind the surface water from infiltrating drainage aggregate with soil. into the facedi:ain.-iilfiil,and tromflowin? over the top of ~waU. U$!l~l!JW~1ily -. soltlaver a~'afjlteif;jtiric ~ .,. BACKFlllA!IlOCOMPAG .,. FINISH,GRADI~b #ter <i99h!9ate arid~c;kfjllhave iieeitpliJc~, ~~aCfthe$Qil .~gra(iingl:lJl~~~ wit~ a ~ib~t~ry(dmp~ctor to p(a(;ing)iI.l4'-C<.Impactiagtill theP(~ lleqsity"S~.ilebris ar~~:~. .,{Jtlm tI1etOp9f ifM! b1eXh before $t;jrtingthe ~ bloCfcours~. of th~ wlill;th~ finish grade $110~1~ be:.it ,least 4"low,to provic;ie f9r topsoil, seed, sod. or otherlandsdlping treatments assllecified in ."0 """:'Jo1I ..4......;....... ery GravityStone@ wall installation requires one or more unique details to fit the wall to the site and ensure long-term rformance of the system. This section provides many of the standard installation details routinely executed on most M.S.E. I :>jects. A knowledge of the GravityStone components helps in understanding these installation details. I Geotextile Hybrid Walls I . Radius Comers Corner Inside Modular*/MSE Detail When space at the top and immediately behind the wall is at a premium, create I a utility easement by topping the MSE wall with the structurally independent i modular units, I I ; 90' Comers i Outside Radius Comers Outside Utility 0 90' Corners Inside - Gootoxlilo Reinforcement Block Corner Mini-Cell Outside Corner MSEJModular* : Detail When a site has a short cut, minimize , excavation by using the narrower i Modular wall design in the bottom i I Standard Unit section and a MSE wall design in the I Comer upper fill section, Standard Unit I Corner 5 "- f GoatOxlilo Reinforcement Mini-<:ell Convex Standard Unit Concave = .. . ,,; p, I 'l\. A j " B COMPONENTS c [ E STANDARD UNIT F ( Depth 12" ~ FACE BLOCK Application: Conventional walls j The Thin I Face Block less than 4' tall, and is available in reinforced Geotextile j straight and walls on fill sites up I cUlVed split to lS' tall. faced texture ! arid a variety ( of colors. Cast into each Face MINI-CEll Block are the Depth 20" I Alignment Plug I cores and Female Application: Gridlock". Conventional walls ( Jess than 6' tall, and ANCHOR! reinforced Geotextile : JUNCTION walls above 1 S' tall. BLOCK Two Anchor Junctions connected together BARRIER WAllS provide depth Width 21" and a tail to the Mini-Cell Application: assembly. Fe~~~5jVED BY o~Mtl. LOPMEtH DE I arners. . tP 2 .- lOO~: :) .,,' CORNER BLOCK Geotextile The Thin Face Block Geotextiles reinforce doubles as a comer the soil in the zone when altered, behind the wall, and providing are placed between continuity in color and courses of block at texture. designated locations. CAP BLOCK - The Cap Block is available in colOrs and textures to match or highlight GRIDlOCK@ DETAil ALIGNMENT PLUG the Face Block. The modular components The Dual-Batter Plugs assemble into cells by sliding align the GravityStoneil> the male and female Gridlock<!ll Face Units and establish connectors together. wall batter. ..., .;., , ""'-" 'V.. , .-.. I .' "" . ...'.l""._,. , ..,., '.._.. '_ "'_',,~ '.~~~;~'~,,' .......... II' ,- .... _.. _.. . "i_~.l~ ,'- -:"~;:-....',p:.. -.. -. · -'. :'li!-.' " ":~/\'"~~..:.._~- .-- I .....g . ""..., II. . , .. _'_ '_ ..' . ... '~..:.~i.' .~.IlI!", III' ... ' .'~ r.~..;r" :. . ~ ,...,. - --. .'. -, .. "",. -- '~ '. "',"' .. . "/.~-">" ~" -. -, ;. .- .. -. _. .. .' · 11'.- - 1':'1.~ei~ je..., ~ ~tr;t', . .. .. , ... . -., '. "". .. ," . '{:.... .,',': - '. III .. ........ ._ '''\''., _ . U"" ~_ ,_ . ~ ;4::;-;;': - ~;- "-.- . _... ,_ '_.' ,f *.. ,', ~ ";Ul ~ F'. r' ..t:i~-:~ '. -;-.. ;' .,.. --.11' -..::. .:.".... ;:~, "".-.'. "jill\ ....... .: "'~ .' .....1IIIr III III. ...-..... .. ._ I '_b j.~,< ,;t::.,,' ~ ~ :..:...., -.- '. - .. . ..-... I- '. 'I · . ~~ · ... · -, - ,.'.~ .... o. .' ..,.. ': ,.-" - ',- ..' II'.' IE'.' ..... ....-. .-i 1'._. . ,... _.",... ;:~ :.,,;,< .,: . .~~, ,.,<, · .- .'.' -III . .- ..... I "I. . . ". ,. ,., 'll;.,. '. ' . I.' .... . I "'~ ,.. ~.. . .' . .. - '.. I11III --.' ,,;.ft~ . ~ _ . ":':' . . -. -. - -.-.-. .- - -. -II: .- ... "'J J' ;:~,. .:;..;, _ "~I'~:' II -./!II ...'- II1II '.. .. 1.. _... "~__' J'_" '. 'J">,,._... ' .-..,- ....... '1'--:'.- .".'. ~'-'.-'-.IP., __-II.....--~.: ...<<....1- , , ... ' ..... .. ., .. ... '. .. ..';11 '.' . -- II =............. ......_.,.. ..._.. .. 'J' - '-;..-... ..IIIL." .-.:.. _...._ "'........ ..' ......- - - -,-, ... J ,J.. -. .. iii _ .- '.IIII'-P.__. ..' .' -.". .....' ':~ll..... I -'- -"... ._ I II - · 111- · · .-. --. - _ : :: ~. .. I 11_._ ~_ _ 1Ii.- . _ I -- -.--''''-1-'. .- ."''':..-..:. -!l.'-:'6--t: ..,.- I....II!.'.:.......... ... .. ..... · I .- ._ 1111 ... 1'._ " -. .. - .. III ill _ _ ,. _ .. 11-' - .. II r'. '-1''' . _. _ 11'-.. II. _II I p. 1-..-..11 .. , -,., - ",- .. ..,....... -'.... ..- .__111,. ' ,".",-..,.,: ."'.. ..,'.'- ':,' I , iii, _ l1li III III, III -.,,-.. .'. II, II.__~:',,, ._" ,1,11:.."_.,,. _.: :..' ".-'... I, _ , III"'. .,,_. '"II · . .:-l1li .. -. ,'. ,',.... . _ _ _' ", "."'_..,.- ...- .-::..,'...- III,; - _ Ill. - 11,..,..,,- ... ._ " 1.;..',..:'.,_-':. ill,:, :',..111:_, .__;::::_ _ :-,- 11..,::_ ":.- "',,- .'1-.,. .. -:. II"_..:._._'__:~'.III ,_ BI,-:,:: ". ii, .,:. .. - I . ... .. -.._ ._..__ _ .. - 1I1!11., '__ ... :...., . -. II .. . '.- .'-._.'-:-:: '-, - ..1IIIl ... - . . : . . .' t . .. . - . I .' . . . . . I _._---~~ N88'SO'SJ'W 1182,80' "0 ,. .'---- ~'ii' "''l'l' 0 , ~ ~ i i , R=1462.50' L-~16,89' b>oI6'19'~7' N~~ i -~ N89'50'OO"W 220.00' -' -- I / 8 ~ '.. l' 8 ill ~ .- a ~ 'It "'. 'It g: -J '111 ~ ~ \ N 'Ill .2 ~ ~, ..1. -+- '" I t. "7"> ~ Q 'i!1 ~ '" w. , ~E $l- 711,368 SOJT_ II; '\ l (16,33 ACRES) ,Ii) ~r ~ ~ ~,.. S ~ " \ ;:l:::CE/'IED $E1':llffi R.1402,50' {:J'i=I~t~~Y l-350,40' A-14'18'5l' 'Ito' -- ~69_11' -' I. ...____.___.._.._... I -'~'" ,. . ~. Urban I1Jrestry Services, Inc. Arboricultural Consulting I Wholesale Tree Nursery COMWNf1YOEVELbPi&~AlID.fENT SEP 16 2005 Site Visit: The Cottages at Hoyt Road Prepared For: Mr. Jim Harris Senior Planner City of Federal Way Prepared By: Urban-Forestry Services, Inc. James M. Barborinas Registered Consulting Arborist #356 ISA Certified Arborist #PN-0135 and Deb Powers ISA Certified Arborist #PN-1465-A Date: September 14,2005 -CONTENTS i I Summary Introduction : Findings and Recommendations I Assumptions and Limitations Summary '.' , ~., :~=~7~ii!~~!:j~~~~$F=i~,r"l:~ total of thirty trees hct~femdv~d Ori\'iI adja<;ent to-t.4e <t:~~~JpP~~1}~"''M()sl;(jr these tr~'tis " have sustained seve*~'tq~t dafu~Re:'~omsite cleanng,~~~,,~6hl;~~~v~'ihh~rent . , ., i: characteristics or cqjJditio~ deemil.t~:themtoo hazardous 'ilj,;~;~~s14tfritiak~F6a. ,'__, J,'": '.: ...:'....:.' "-'.'':/.h...:',. .:_:. :;': :':."" "',: =3t~~l~~~~~gtili~~?~r:\y&~ Overall, there does not appeatt&,~b~any treeprote2fi,~h t~~lWrqu~s b~ingih1plenieh,''t&ip,~. iffY', the site. .'-,,'- " _ ..,'.,' . " , " '.. 151i9 Mclean /toad , Mouht vernon, WA 98Z73 Office (360) 421J-S810 Fax(360)428-1~22 Cell (360) 770-9921 Email: jimb-ufsinc@wavecalJle.com PI ann i no. M an a a i no. & Resto ri n 0 U rb a n Green S oa ces www.urbanforestrvservices.com Introduction As requested by Mr. Jim Harris of the City of , Federal Way, Urban Forestry Services was contacted to determine the accuracyof a Tree Evaluation by WFC regarding a forty lot single-family subdivision in Federal Way. This site, called The Cottages at Hoyt Road, is currently under construction. We reviewed the WFC report and visited the site on September 13,2005. We made no additional markings on the trees. Random trunk: diameter measurements were takento verify the accuracy of those in the report. We followed the numbered order, starting in the southwest comer ofthe parcel. Findings and Recommendations , The assessed condition of all thirty trees is I I accurately stated in the report by WFC. It is also our I opinion that these trees be removed or cut to a safe Photo 1. Edge trees may not be wind firm and are height wildlife snag. In addition, the remaining susceptible to root damage, '__. buffer along the south side of the development is less sWlScald and potentially hi~:-, than 20' wide and includes a number of highly exposed Doug Fir not included in the removals list. UTlnn<: We observed a number of trees not included in WFC's report that have been severely-impacted by the clearing cut, which probably occurtedafter the WFC tree evaluation. Most of these trees are located along the east side of the development. Along the road cut, there is survey staking designating the Line of Clearing, without any apparent measures taken to protect the remaining trees. These remaining trees . will become hazardous or lose vigor due to significant root loss and damage as well as soil compaction. We recommend they be re-evaluated as well. For example, there are three unmarked _DQuglas Firs adjacent to Trees #19 and #20. They measure (31", 31", 20"), larger than the two unmarked ones noted on the report. They are minimally affected by the road cut at this time but Photo 2. No tree protection should be protected from' further construction damage . techniques have been ifthey are to be successfully retained. implemented on site. Also, along Hoyt Road SW is an area marked 'To Remain Undisturbed' on the site map. As stated in the WFC Recommendations, we recommend further tree evaJuation during and after clearing and grading iri this area since it is fairly narrow. . ill the future, at least basic tree protection methods such, as fencing and signage should be implemented ,on site. A pre-construction meeting with the contractor, root pruning,root treatment, root zone protection, and periodic monitoring should also be considered as needed if long-term tree retention is to .be accomplished. Please call our office (360) 42,8-5810 if you have any questions regarding the trees at The Cottages at Hoyt Road. < s::: z 0 :0 s::: 0 )> 0 i ~ ~ ~ ~!~ ~ I~I <0 I~ ~ ~ttg ~ Isg ~ il II ~ I ~ Co> ! ~ i ! I i ~~~ !l: 0 : i I ~ m IIII 11111 i~ m ~ Illi i!1 b >< J: ,J ili! ~I (]) ~ =i d IJ~ U ~ ~ j ~~~ i !III ~111'ill il ~ ! i I! P II!; ! .... f i L ~I d I i~ ~~ i ~ 0 - ll'lNTY LAN:> DEVB..0Pt.ENT ~ MOOFICA1lON 9/0/05 310 291li 8TfEET NE. OPEN SPACE EXHBIT P\JYAU-~. WA 98372 FOR COTTA<El AT HOYT ROAD no, "\11ooo'\IU32\..._...,'..l\"UJ2.1JHI_1I...., DoI.It.....; 1lI/21/21lM lHI SbI.: ,.!oO.......;O J..J" IIIH1.1.".,2YIk02. ---- ---- ..-... .- ..-.-..... -" - -, , I II! ill l!~r o~i ~ ~~Ih i~ Cl! 2e~~~ ~~I~"/ -" I ........... I 1 . . - ~.-j ----... . .:.1".....-..1.....::. II!I iilll!I - . - - . - ili'III'~~ Ii ........J e ....i~ ih! ~i ~II i~ 11~$np I .~!'ii u .,~ I i "iN a;1 ~ ~ 2! k ~ illl! t'~ , j;l , ~ .VI "',,- ~i!;~~ Ilni~ :t~'ri~ . rM~ iO i mri~~ ~r.M. a. II:ll -I~~~ -~~ ~~I~ " i1:il' ;~ ~Cl ,.l!~ U "'i e I ~ r~ ;~! !I~* !lI i ~i :1: I ~~ ::-1 i;j1i x ~2 ~.-j !Be! Um~ ~~ ~z ;a_ ill i8 fill il It i;lli;~ nCl' e~ i~~~ ~ ~,~ ~*~~ ~ < CI .... i II I~ il~ e~ : ~I ~ .... ~~ ....~! ~~ .. .. Q - ~ 1'1 -~ i '1 ~ n ~Vl. i ~S 2 r ~~ {;l ~ ~ ". ~" ~ c.. " .,- ........-' ~Gl-U, le~IS '2ND .wtNUl SOu'T11 1)o.,,_-.6l. .,. Foo - n432 ~~."-\ KENt, WA OM12 llto...--IoIII. _ft._, TRINITY LAND DEVELOPMENT MINOR MODIFICA TlON 9/27105 TO (425)251"6222 C"_-.al. ,'..10 310 29TH STREET N,E, WALL PLAN - CONCEPT LANDSCAPE PLAN .... \"~" (-42S)2~1-1I?82 rM .."......~ ........, PlIY ALLUP, W A, 98372 FOR "'Go'" <"',' ~. ...... CM~ tNCUtl:(lllt('.l.AAO'P~HlHC. _I' L2 3 '''01"0'''\ SulM'TlHC, [1M~OIlMtH1~ S(JMCU Ool. ~ COTTAQES AT HOYT ROAD f..: p,'.',GOt.....1\O!:\.n9;'.."...'\...I\'I\.U.."['o-..., ~"./t.~,,, oan'/200~ .,:., h..., 1.'0 "';.'0" ~,..o: ,'IO:l-,.ul..r:'l.~OUI,O"~."'lt".~: ..._......., ..._h._,....,.._ ...~_____._...__.__....__.~._....__.....~_.. ......,._..~._'.__.._.........._.__~_....,..__ ..... .~. ......_ ....~,_ . ~- ; , ~.... .~, ~ ".~, ~J ~_. ~ ~ o ~ I 0 z Z 0 I 0 :D .- m "'U l> ~ , -i ~ 0 I I r ~ 0 I! ~~o"1l I 100m - > .~. lilll~111 ~ Cf) ~ C'i )> ~ E~ i~l~ ~J~t ~ 0 ~~~ -i I i ~ 'I ~ .' Iii I )> IP 0 J l> .'IIIH., .,J~". lis! iH1i . -0 Iffi z :, j,. *I! ~ ! II~~ lilSI m ~ <D . , -II 'I g I =e ~ ~'~ ~:::~1 .,. .!I-~.'~I. ,. :E!<~~~ I ~ !1 '. ~.II'i, :,tl ;~;~ IJ ~ i=e~~ ~ ..~ - il t '''',' 0 0 ~i'lll i>~, ~, 2~~ ~ r :~I .1 ~ ~ 0 ~ 8' MAJC.WALJ. ; h ' Cf) ~ =E ~ Cf) ~ )> .""', Cf) ~ r .'1' m r .. 0 -0 '- ~ ~ ~ z ~ ~ ~'-tj ~ ~ l~'~ "0. ""'. a.. 110._ .IN -- GHA(.,I$' UI215 12NO AV[NUE SOuTH -_..6llS. ....., For1 TJu. 11432 m"'~"" ~ ''''',.A '"'' ~~ ___ .M'M~ TRINITY LAND DEVELOPMeNT MINOR MODiFiCATION 9/27/05 TO WALL PLAN - ~,.. (42!1)251-6222 .. ~.. , " ~, (<25)"1-0,,, '''' '"-- -"- ,." 310 29TI-l STReET N,E, CONCEPT LANDSCAPE WALL CROSS SECTION ."'c.( 0(,4,.7"./ CML DtClN(tRlNIO, WID PI..AIoHfill, .....~...-"1. v:: PUYALLUP, WA. 98372 FOR L3 3 "" ..... """""', ,....."""... ",,,,,, .., -""'" COTTAGES AT HOYT ROAD I r"." P'\IIlICt.o\1\.'t\...,....Mf\"'t\1I1032~v.I<O...J.l..9 1O.1.IT...... ~/l:IlDO' 10:~1 S,.... ,..Q ...~." ,,,It. 111.~I.1.vlu"'.tOC..IIO..s.ll.>>".O: ---.--------.---.----.--.~--_...---..--..~-.--.--.._...___~..........____.......,.._ _..,".............,,+_.~"_.__~......_.~._M......_.~M_.4.....,~__.............__........._."'__.........__._...................._"___,___ .. _.._,'__... ..._~. OTYOF A Fede1rall Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM To: Jack Dovey, Chair Land Use and Transportation Committee . , FROM: William Appleton, Public ~tks Department, Development SelVices Manag~r . Jim Harris, Senior Plann~ i I1/--- ' VlA: David Moseley, City Manag~ (./ RE: Cottages at'Hoyt Road Revised Preliminary Plat Application No's. 98-'104394-00-SU and 05-to4602-00~AD DATE: September 13, 2005 I. STAFF OVERVIEW Trinity Land Development has requested to revise the design of the Cottages at Hoyt Road preliminary plat, which is currently under construction, Proposed changes to the Cottages at Hoyt preliminary plat are significant enough to warrant review by the Land Use and Transpdrtation Committee and City Council in order to detennine if the resulting plat would remain in substantial conformance with the approved preliminary plat or if the proposed revisions are not in substantial compliance with the approved preliminary plat: II. SUMMARY OF PROPOSAL The applicant, Tri~ity Land Development, has proposed modifications to the.<:;ottages at Hoyt Road preliminary plat The Cottages preliminary plat was originally approved by the City Council on October 16,2001 via Resolution 01-349, and subsequently, the City Council approved modifications to the preliminary plat on July 6, 2004 via Resolution 04-416. (Exhibit I - July 6, 2004 approved preliminary plat; Exhibit 2 - September 2005 proposed modified preliminary plaq On-September to, 2005, the applicant req!lestedadditional modifications to the approved prelimina~ plat. The modifications as requested include the'following: modify the slope and retaining wall configuration ~Iong the northwest portion of the approved preliminary plat, and remove- up to 30 trees located within Native Growth Protection Easements (NGPE) around the perimeter of the site. Modifications to the preliminary plat as requested, would result in approximately 100 linear feet of retaining wall extensions along the northwest portion of the site, addition of a new approximately 325-foot-long retaining wall, an increase in the height of existing and proposed retaining walls, steepening of slopes along the northwest portion of the site, increase the area of clearing and grading, slight re-alignment to the northern roadway, and the removal of mature trees within the NOPE and replacement with new plantings. Dl. BACKGROUND As identified in the September 10, 2005 Trinity Land Development letter (Exhibit J), the applicant found during the course of construction that the topography along the northwest portion of the site was not properly surveyed. In areas, the survey shows the topography 10 feet higher than field conditions; consequently, the project cannot be constructed as approved without alteration to the approved preliminary plat On September 9, 2005, City staff notified property owners within 300 feet of the site, and parties of record, of the requested revisions to the plat and the September 19,2005 LUTC meeting. City staff also encouraged Trinity Land Development officials to conduct a neighbarliood meeting regarding the proposed revisions. IV. REASON FOR COUNCIL ACTION Pursuant to Federal Way City Code (FWCC) Section 20-136(b), amongst several criteria, the City Council must ultimately fmd the final plat in substantial compliance with the approved preliminary plat. As detailed in Section V below, the proposed plat modifications result in some changes to the approved preliminary plat layout Therefore, City staff is requesting the City Council determine .if proposed modifications to the approved preliminary plat are in substantial conformance with the approved preliminary plat Criteria contained in FWCC Section 20-127 also can provide a benchmark as to' the significance of the proposed modifications. Pursuant to FWCC Section 20-127, when the Hearing Examiner has forwarded a recommendation on a preliminary plat application to the City Council, the City Council may require or approve a minor modification to the preliminary plat if: l. The change will not have the effect of increasing the residential density of the plat; 2. The change will not result in the relocation of any access point to an exterior street from the plat; ), The change will not result in any loss of open space area or buffering provided in the plat; and 4, The City determines that the change will not increase any adverse impacts or undesirable effects of the project ~d that the change does not significantly alter the project. Although these criteria do not specifically apply to the current proposal, they do provide factors for the City Council to consider regarding whether the modifications are major or minor, and ultimately wnetl:ter the final plat would be in substantial conformance with the approved preliminary plat A<tditionally, criteria used by City staff to evaluate the 2004 redesign of the approved preliminary plat wer~ as follows: . Retaining wall heights not to exceed eight feet . Retaining wall and landscaping aesthetics . Maximum slopes ranging from 2H: I V to 1.5H: I V Land Use arid Transportation Corruninee September 13,2005 Cottages at Hoyt Road Revised Preliminary Plat Page 2 -- . Adequate NGPE buffers . Landscaping of graded areas V. FINDINGS AND CONCLUSION L The proposed modifications to the preliminary plat will result in the constntction of approximately 100 linear feet of retaining wall extensions along the northwest portion of the site, addition of a new approximately 325-foot-Iong retaining wall, an increase in the height of existing and proposed retaining walls, steepening of slopes along the northwest portion of the site, increase the area of clearing and grading, slight re-alignment to the northern roadway, and the removal of mature trees within the NGPEand replacement withne,w plantings. Due to the surveying error found during constructioQ. staking, the applicant is proposing these changes in order to preserve the roadway, lot configurations, and detention pond design substantially in compliance to the approved preliminary plat. The applicant lias provided.a revised preliminary design for the proposed slope and retaining wall revisions; and re-alignmentof the northern roadway (Exhibit 2). . 2. Additionally, the applicant has provided a Tree Evaluation dated September 2,2005, from Washington Forestry Consultants Inc. The Tree Evaluation identifies 30 trees on-site and off- site to be removed that are deemed haiardous, or would become haiardous due to grading required to consfnict the retaining walls. At the time of preparation of this report, City staff is hiring an arborist qualified to review the Tree Evaluation report, and provide findings and conclusions regarding the accuracy and recommendations of the Tree Evaluation. The applicant has proposed to provide remedial planting to enhance the NGPE along the northern property line where the trees would be removed, and other areas where trees are proposed to be removed - were not addressed. City staff will have further information regarding the Tree Evaluation at the September 19,2005 LUTC meeting. The. preliminary plat modification is subject to all applicable codes and policies as well as all findings, conclusions, and conditions of approval contained in City Council Resolution No. 04-416 approving the revised preliminary plat; City Council Resolution No. 01-349 approving the original preliminary plat, and the September 6, 200 I Hearing Examiner's reconimendation. VI. LAND USE AND TRANSPORTA nON COMMITTEE ACTION The Lure may, by action approved by a majority of the total membership, take one of the following actions, pursuant to FWCC Section 20'-136(b). Option 1. ~ FQl1Vard a r:econunendation to the full City Council, and direct City staff to prepare a resolution, finding the modified preliminary plat in substantial compliance with the approved preliminary plat, subject to conditions a- c below, and allowing the applicant to proc~d to engineering design and cons.,1:rJ.1ction of the modified preliminary plat subject to the following conditions: a. Existing mature vegetation shall be retained in the NGPE's to the maximum extent possible. All areas ofNGPE's impacted by tree removal as approved by the Director of Community Development Services shall be replanted with Type I landscaping to be approved by the Land Use and Transportation Committee <:...n....n>h,.r 11. 7tl1l'i Cottages at Hoyt Road Revised Preliminary Plat . ~ Director of Community Development Services. A licensed landscape architect, in consultation with a certified arborlst, shall prepare a tree replacement plan for the NGPE's, b. A landscape plan shall be prepared by a landscape architect for approval by the Director of Conununity Development Services and implemented prior to final plat approvaL The landscape plan shall address all areas outside of lot areas, which have been cleared or graded as'a resultof the preliminary plat construction, Planting of cleared and graded areas shall include planting with native trees, shrubs, and grouridcover.' ' c. The retaining wall design shall be approved by the Director of Community Development Services and shall include wall design with a maximum height of 10 feet above grade, and shall promote residential design themes thcough such means as terracing, orientation, CQlor, material selection, vegetation screening, pattern and textural treatment. . . . Opt!on 2. . ' , - FOlWard a recommendation to the full City Council, and direct City staff to prepare a resolution, rmding the modified preliminary plat not in substantial compliance with the approved preliminary plat, and reject the request for a revision to the preliminary plat, requiring the applicant to redesign the plat in substantial compliance with the approved preliminary plat or fite a new preliminary plat application. EXIllBITS I. Approved Preliminary Plat for the Cottages at Hoyt Road dated June 3, 2004. 2. Proposed Preliminary Plat modification with cross section for the Cottages at Hoyt Road dated September 12, 2005. 3. Letter from TrinityLand Development dated September 10, 2005, 4. Tree Evaluation Report from Washington Forestry Consultants Inc. dated ~eptember 2, 2005. Approval of Committee Report Jack Dovey, Chair Michael Park, Member Eric Faison, Member , . Land Use and Transportation Conunittee September 13, 2005 Cottages at Hoyt Road Revised Preliminary Plat Page 4 l ! \. n~~5!' I'IWIU.~ ~*~ ~/c... ,om' ""~I'. J t'~ul:...~.t~~ ~' ~''''-. 16' ~:'li ,-. .._--..~..~ .~ t,::,:, ~. "~' " ,j" ;, " 'i i , ~:. / l' ,.- .. '. .., ( /"" "- . ~" "- ~'. .~;, ............ 1.'\ ~ ~' ~v.; m- oo- ~ I .' j .~ .,- ',.:. ,I;' ~~ I' f: f:" ~~ .,- if} f ~~ {, ---.-- rr .-, ~; ~; f; / , ~I 0: ~. 5;. Q '- &~ r / : 0\ -. en ~ ., ......::"I~ '!r-- ! W8.~ 0- ~~g: ~ :;'; i~ ~ =' ?:l e, 0 ~ ~ Q }wtH ~.tll~" .M.. h.., For' "" CO,. 'I.C'I,.,,'.I ~..."'.~ "l:I 0...0 --llAl. TRINITY LAND DEVEt.OPMENT [ ......,..,.. PROPOSED ORAD/NO b...,,~ ,"'9" eM.. tl'l(HI.!(A1NC, \.>J'lO PlMHlrjC /of"....~ ~.I\"., MODIFICATION PLAN SV.....C'l\IIC. t"<<i~CI'l~Ctn...~ HA'YItts tot" Jl,IU.1.l 'I' ", . " '" '. . . ~... ',,' ."." ". " ',...... ,...., "-:--'" ...' --.- - -~-':!iiii!;i~!;;, /",//'/ .."..,........'.\- --~ ---- .'- "1J :n 0 "1J 0 (j) m (} ~ .. . > z , ~ 0 ,. " :H. :n 0 ~ -- ~ ~ 0 ~ n~ 0 il ~ li~ 0 ~ o ~ ~ 0 .-<",~ z t5li~ d ;:g ,~~ C) :t> '" :n z ~ :t> - - - - - - - - .... "- 0 - .. -. - ~ z C) 6 ~ "1J r- C') , :r: r - \) :t> ();) a Z ();) - c.o lJ ~ - C') -; ..... lJ) \) I\) ),. - - ;0 0 I X <J1 -I\. l,.j i'Q m '8 Er ~ ..~ 63 ~~~~ 8... =l s::~ Id 8.:I: -,0 ~~ 8.;>::1 "1;10 a~ s' 5' ~ "'" [ , ~ ~ ... ., ~.. ".,tl.~ ~ 1 '.""._,- ~..I,~.. -"- I....: 1'0" ill.. 4)" ,.." \ (;~;2~~_:~~;2 o...~ --lH.. 1I1....~I.. TRINm' LAND DEVELOPMENT PROPOSED MINOR MODIFICA TlON TO - \. . ",' i' (425)251-8782 rAX e~"",'-M_ ,'.."' 310 29TH STREET N,e, GRADING PLAN 9/12/05 - DETAIL GRADING PLAN ",..-...Ad. ~..., PUYALLUP, WA. 98372 FOR "'''t~'''fJ "'ll\"~~""" ~~:ti::~~~ ". 2 0.,. .1LaIl.u COTTAGES AT HOYT ROAD \1'1)"....,.....,...\...'\I.'I)'..II[",.~t Coll./I..... OI/2I1:00~ "'U .SUII: ,..!O .......;. .,.." ,'14)!_I.\lIlUrr_~llCAfIOHI.lltH"M(l2. ''lh, ,~, ,. .~.,',. -~- S -0 :n 0 -0 0 (J) m 0 s:: > z i 0 :0 s:: ~ 0 -. g ~~8 0 i~~ 11 ~rs 0 ~ , ~~ ffi~b i ~> 0 () ~i~ z ~ -filS b o "i~ Z2 ~ (.) )> ~ 0 ::E Z il: C) -0 r ~ <6 -.... ~ ~ 0 U1 ~. III ~- ~' .~.- ~. .,~' . --~ . '. '~. '. ~ 0 "'() m ..... 0 ~ o ~ "" ~ o~ 63 8.~ ;:j ; 3::e: );; 8.::t: I _,0 ::>~ I 8.:>;l ",0 a.~ ~: ~ ; , "Q , I ir , ; ; He, II... no. ,., . Il.,j.lo~ k"" -, ~ 18215 72ND AvtNUE SOUTH O'...ntl....eL For- 1lI1e> 11432 II}V"" 1: KENT. WA 98032 Ot'..n~ ",""011\01 TRINITY LAND DEVELOPMENT PRoposeD MINOR MODiFICA ilON ~ (425)251-6222 t~....u-AI.. ""10' 310 29TH STREET N,E, TO GRADING PLAN 9/12/05 - CROSS SECilON (~2~)251-8782 F1+1. \"''- "F"', ..!' CMlEHOINtEflltfG,I.>>lllPlANHINO, ....._ Jld. ,"n'ul PUY ALLUP. WA. 98372 FOR : ...u ~ , 2 C"''tOIN41l'''\.'' SfJ~G,EIMROHt.4EIltJ,lS.ERYlCES O.It~ COTIAGES AT HOYT ROAD ~,\11G<<\.\"d2\.~t,,,,.,,,,o\,,,'\:11'~J-",,\~~h.lla_llfIll.bO llo'o/lItN, Dt/'iI100~ lo:~' s<~.., ''''0 ""....0 ...to .- -------______""--_____.._____.__~_,__.___._:._,___ ...'.._._..____,.~_..______,_,._.~_____.._,._,..._..~____._,~J___...~_.._._._.. _______.~__...,__..,_._.."..__._..,,__... --~- - ~~i1~'J~~... TRINITY l AND RECEIVED DEVELOPMENT , Sf? 0 9 2005 September 10, 2005 CITY OF Ft:O€RAl IN: . Mr. Jim Harris, Senior Planner BUILDING OEpt~ I\y Mr.- Will Appleton, Director of Public Works " City of Federal Way Community Development Services Dept 33530 1st Way South, PO Box9718 Federal Way, WA 98063-9718 . . . RE: Request for Modification to grading plan and rem()val of hazard trees, Cottages at B.oyt Road Flle NO. 98:..104394-00-SU r Resolution 04-416 I I Dear Jim and Will: I I Thank: you for your help i~ establishing the appropriate way to address these unforeseen site coriditionsat the Cottages at Hoyt RQad Development We are requesting your approval of two minor modifications to our approved plans: - - 1) - Exterision and, additi~n of retaining waH system along ttte north side -of the. northern internal road to take up actyal grades not realized (based on inaccurate topographic .survey infonnation provided by Touma Engineers - the original Surveyor/Civil-Engineer on the project); - 2) .Approval to remove/trim hazard trees in Tract C>NGPE as outlined in the: attached arborist report from Washington' Forestry Consulting, [nc, dated September 2, 2005 _ The project is under construction. qearing is complete, temporary erosion control 1Q~~ures are in place and grading is underway_ Timing is ofthe essence. - Additional Retaining Wall. The survey error discovered during grade staking two weeks ago involves inaccurate' ~~I'~~f;tthpograp~ic data _ along the northern property line. The difference is up to 10 feet in ~~~0""" additional grade that must be accommodated between the, northern property line and. the in~e~~!,~~~5J"~h!l~,,~~I~X~J~rading plans include- a retaining wall at the edge ofthe 15. foot NGPE (Native Growth Pmtection Easement) with anlaximum exposed height of 10 feet (n order to maintain the NGPE and keep walls at a maximum height of 10 feet, we are .proposing awaU along the north side of the internal road. We propose a slightly different road alignment that ~aximizes the distance between the road and the NG~E while keeping the two retaining wall~ in the pond area at a maximum height of 8 feeb In atldition, ih order to maintain the existing <;learing limits and a maximum 10 foot high wall, a limited area of gr3:ded slope is proposed at slightly greater than a 2: 1 slope. :Hazard ~ree Removalffrimmio2,- 1 -. ~fter completion of the permitted clearing activity, we engaged Galen Wright, a licensed Monst, to conduct a survey of potentially hazardous trees at the edges, of the cleared area. As is, often the case when general dimensional buffers are included on a project, some trees within the margins of the retained tree tract can be at risk due to adjacent grading work and/or the ex.posure of wind that previously had been buffered by-'a forest. These' trees become a safety risk for either the adjacent property owners" the new homes to be developed on site, or the public traveling on the public road. In this case, the approved NGPE has set aside more than twice the originally proposed undisturbed area and greatly exceeds the retained tree reqtiirements inthe City's code. Since many ofth~ , tre~ along the northern property lin~-have been identified as hazard trees, we propose tQ provide'replacement tree vegetation to allow a new tree buffer to establ~sh itself over , tim~. W e ~1I work with City Staff and the two neighboring property owners affected ,in High Point Park Division 3 to es~abliSl:l an appropriate replanting plan forthis area. r I would like to point outthat the amen~ment-to the" original preliminary plat approval for ,this - project, Resolution 04-416, was: approved based on the II!-erits 'of significantly , reducing the ainount'of export, significantly increasing th~"amount of open space and , reducing the numlJer o( lots in the project fro~ 40 to 35. The two modifications that we are requesting do not change the spirit of that approval and, we suggest, have been brought to the table proactively, arid in open discussion with City Staff.. In Summary: , .; We do' not pr~pose any changes to theliffiit of clearing. , We do I!ot propose ariy retaining walls greater than lO- feet in ex~sed height . between. the road and the property line and no more than. 8 foo~ high in the pond , , , '.... -area. I . We propose to provide remedial planting to enhance the NOPE alo~?fhenorthem '- property line in the area wht:re hazard trees would be removed. We -have enclosed a copy of the staff report and maps from the pr modification to -the Preliminary Plat (resolution 04'-416) for your reference, three exhibits . ;;howing the appro'ximate location of the additional retaining wall, and the road alignment ~ , , 2 shift, and a copy of the Arborist report and map. Thank you for your consideration of th~se necessary modi fications. - Sincerely, Trinity Land Development, on behalfof 'Cottages at Hoyt RoadLLC -,.... . Stella Thompson - Development Coordinator, on behalf of . . . -- Chris R. Austin - Director of Development End: Existing plat amendment Proposed grading plan revision ~orist report - , i.. . . ) , / , ' :. . ............. - , 3 . 7 ASHINGTON FORESTRY CONSULTANTS, INC. "- -- .". -, . RESTRY AND VEGETATION MANAGEMENT SPECIALISTS W F C I '943-1723 1919 Yelm Hwy SE, Suite C : 360/943-4128 Olympia, WA 98501 September 2, 2005 RECEIVED SEP 0 9 2005 Chris Austin. Director of Development CITY OF FEDERAL WAY Trinity Land Development BUILDING DEPT. . " 310 29th Ave, NE , , ' Puyallup, WA 98372 RE: Tree Evaluation at the Cottages at Hoyt Road - Federal Way. W A Dear Mr. Austin: I have completed an evaluation of selected trees in the tree tracts at the Cottages at Hoyt Road in Federal Way, Washington. The purpose of the evaluation was to identify trees that are hazardous to the new improvements, or would become hazardous due to grading required to construct the retaining walls. Findings The area of evaluation included selected trees along the north, east, and south perimeters of the parcel, and the small tree tract along the west side of the parceL The tree tracts were part of a contiguous second-growth conifer forest that was fully stocked with trees at the time of harvest. The residual trees in the tree tracts are now new edge trees that were previously sheltered by the surrounding stand. I have identified 30 trees that are. or will become hazardous to the new improvements. The trees are dead, in decline. are exposed to the prevailing winds. or will sustain damage during retaining wall construction that will cause the trees to become hazardous. The following table provides a summary of our findings and recommendations. DBH NEAREST OWNED #1-' ,'. SPECIES (in) CONDITION TARGET LOT BY RECOMMEND I P. MadCooe 11 Severe decline; New house 16 Trinity Remove HT - ! 9()OAi dead Could CI<<te -- 2 P. Madrooe 19 Severe decline; New house 16 Too 70"/0 dead; 3 Cottonwood 16 Leans over house Off-site 16 Trinity' 1 KenNy" ",' _ to south; High house potential for branch URBAN/RURAL FORESTRY · TREE APPRAISAL · HAZARD TREE ANAL YSIS GHT-OF-WAYS · VEGETATION MANAGEMENT · ENVIRONMENTAL STUDIES. CONTRACT FORESTERS J11..............~.....~ _4 ._..___.:___. ""'__=..:......._ _s ........ __~___.._.__ _ ___........ - - - , Cottages at Hoyt Road - Tree Evaluation, DBH NEAREST OWNED # SPECIES (in) CONDITION TARGET LOT BY RECOMMEND failure onto house/deck; 4 Red alder 22 Dead-leans west New house 17 Trinity Remove HT .5 Douglas-fir 11 Severe root New house 18 Trinity Remove damage & potential dama~e from wall; 6 Dou~las-flf 26 90"10 defoliated; New house 21 trinity RelIl9ve HT 7 Douglas~flf _ 24 Dead; Suspect Houses to 21 Trinity Remove lIT laminated root rot; east/west; 8 Red alder IJ Dead; Leans west; New house 23 Trinity Remove HT 9 w. hemlock 10 Dead Yard 24 Trinity Renlove 10 Red alder 24 Top dying; Stem Newhouse 24 . . - Trinity Remove HT decay; Leans west; 11 Red alder 16 Decay in west New house 30 trinity Remove west stem; stem -lIT 12 P. Madrone 12 I stem dead; Leans New house 32 Trinity Remove dead west; stem I3 Douglas-flf 20 Will be made New house 35 Trinity Remove bazardous by wall - , cut; 14 DOlm.las-fir 10 Dead Street 35 Trinity Reinove HT 15 DOu~as-fir 9 Dead Street 35 Trinity Remove HT 16 P. Madrone 12 Nearly dead; Street 35 Trinity Remove HT 17 Doul!las-flf 10 Dead Street 35 'Trinity RemriveIIT 18 Dou~las~fir 10 Dead Street , 35 Trinity Remove ,lIT 19 Douglas-flf 18 Dead - decayed Offsite Trinity Remove lIT house 20 Douglas- fir 24 Exposed Offsite Trinity Remove lIT house 21 Douglas-fir 21 Exposed Otfsite Trinity Remove lIT house 22 Dou~las-flf 19 Exposed ,House Private Contact owner 23 Doudas-fir 14 Exnosed House Private Contact owner 24 Douglas-flf 18 Exposed; Roadcut HoUse Trinity Remove lIT will damal!e roots; 25 Douglas-fIr 26 Exposed; Roadcut House Trinity Remove lIT will damal!e roots; 26 Douglas-flf 15 Exposed; Roadcut House Trinity Remove HT will damage roots; 27 Douglas-fir 22 Exposed; Roadcut House City tree? Remove lIT will damal!e roots; 28' , . Douglas-fir 23 Exposed; Roadcut House Trinity Remove lIT will dama~e roots; 29 Red alder 22,24 I stem dead. I stem Street City Remove HT . nearlvdead; 30 Red alder 24 Decline; Heavy Street City _ n. . lean over Hoyt Rd. * HT = Hazard tree; Washington Forestry umsullants. Inc. - -----~ ---- . . Cottages at Hoyt Road - Tree Evaluation . The tree numbering sta,rt,s on the southwest comer of the parcel. The trees are marked with blue paint. dots at eye level and on the stump. A blue painted number was placed and is visible from the cleared area of the uwL The approximate location of the trees is shown on the attached site plan. Recommendations Thirty trees were marked for removaL These include 3 trees that appear to be on the City of Federal Way tract to the north (trees #27, 29,30), two trees that appear to be on a private lot (trees #22 and 23), and the rest appearing to be within the Trinity ownership. Tree # 3 is the cottonwood that is inside of the green cham-link fence on the south end of the project. This tree is hazardous to the house to the south and the hazard risk wi.ll increase with increasing tree size. Two additional trees occur on a parcel to the north that are hazardous due to exposure. They are near trees numbered 25 and 26 and are a 15 and 12 inch DBH Douglas-firs. These trees are close to the line, but were not marked, due to the young neighbor and his unfriendly dog. Both neighbors to the north need to be contacted about the high risk of failure of their trees due to exposure. I did not find any hazard trees in the tree tract above Hoyt Road SW. The dead Pacific madrone that we discussed can reach the powerline, but it is not likely to reach the road. Removal of the top, leavmg a snag removes all risk. I did not mark any additional remOvals along'the lower edge of this tree tract smce the staking in the field. did not correspond with that on the map. As a rule of thumb, I recommend that all trees within the clearing limits be removed, and all Douglas-firs within 10 feet of the top of the cut also be removed. This appears to leave a fairly narrow strip of trees. It should be evaluated again at the time of cutting to detennine if additional trees need to be removed. ~. ! ... ... , -. Washing/on Forestry Consul/ants, Inc. 3 . Cottages at Hoyt Road - Tree Evaluation Summary I have marked 30 trees to be removed from or adjacent to the ~ee tract Three are on the City tract, 2 on a private lot, and the remainder on the Trinity parceL Two additional trees occur on a lot north of the Trinity parcel that are hazardous and should be removed. These two trees were not marked but are the only Douglas-fir trees present You will need to talk to the two landowners to the north to discuss the hazard potential and removal of their trees. Contact me when the clearing west of the Hoyt Road tree tract occurs. There may be additional trees that need to be removed. Please give me a call if you have questions. . . Respectfully submitted, 7flon Forestry ConsUltants, Inc. Pl-% Galen M. Wright, CF, ASCA Certified Arborist No. PN-OI29 Certified Forester No. 44 attachment: site map ! r , . Washington Forestry Consultants, Inc. 4 ~~ ---- 1~ 'l , ,I , J , ICes" IIQO.' , ",,2010$)1 "Ie,., ~OfNr "A"K J VOl.. '" ,.CS. '.4 I I I (i} IT! I ",} ~ U ""0 I H 0 :n 1 )> ~ m > :n I ! 0 CJ) 0 I '" ~ z I . -- 9~ )> I i ~ ~z I H I ~ li~~ -.----a~ in I t t ~ I a~ ~m ~ )~ ~ ~o ". , :<!i ~ s::: .. - IJi IE ~i Ii ~ li~m i I I f i~iz ~~~ i II ~ Ii ~ t.> ::j I ~. ~ ~ I il ... ~ 0 .\ . --.~- ...-.., ....... .....-. . _............. . - -- ~ --- .- .. .- - --0 i i Ii i Ii i i i i i i i :i I ~ I 11.11 II r i q i " I If · .;t q dl 0 I IPII (2 III r :,1.1111 ;li! ~I \J I liI~IJI!: Inn r )> : q I h J , I q~ ~ -- . z i! II ij i II It f " II I ~ i i I i 0 ~ Q 1!!!!il!li !!! ~l . , ~ o < i ( I ~ ~ , U IIf'QCEWOOD lWCS 11 w ~ ~ aal11!il I~; ~ ~g VOt. 1"0 pes, ".U . o ::! ~ . , ~ . - ~ i I~ ~~.ili,~ :.: ~ IS Q ~ ~: (') I ~ !~ 1"~' I i, . ~ ' , an'os"'" 1111 _ IMuo,ficlfleo.o..l.m ,... -... c:o.. ..... -"'-" ....-... ~G ..... hi": T1llo< 11432 {4 -"'- "......... TRINIiY LAND DEVELOPMENT TEMP, EROSION AND SEDIMENT A TlON '.011 ...... ,'.10' ::l1S-37Ih AVENUE SW_, SUITE 6 h CONTROL-PLAN".. "-,,, ........, PUY ALLUP, W A. 98373 jo\p.'Z.J'l'lt./) Ttt..lU'. Lo.",,~,Ii";,J "'''t, ./. El, 2 -""'" COTTAGES AT HOYT ROAD SW r,f,,':\1I1lO0,\lllJ1\. /llIIu:. a",,, 1114J...,..II\.)I-'.II\.)2.1 I --_.__._~.__...._._-- ~_.~.._.__.u._'..'_. ......_,.. ---.-.---- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASIllNGTON, APPROVING THE FINAL PLAT OF GRANDE VISTA (AKA Cottages at Hoyt Road), FEDERAL WAY, W ASIllNGTON, FILE NO. 05-106327-00-SU WHEREAS, on August 28, 2001, the Federal Way Hearing Examiner conducted a public hearing on the preliminary plat application resulting in the September 6, 2001, Recommendation of the Federal Way Hearing Examiner; and WHEREAS, the preliminary plat of Grande Vista, City of Federal Way File No. 98-104394-00-SU, was approved subject to conditions on October 16, 2001, by Federal Way City Council Resolution No. 01-349; and WHEREAS, the preliminary plat of Grande Vista, City ofF ederal Way was subsequently modified on July 6, 2004, by Federal Way City Council Resolution No. 04-416; and WHEREAS, the preliminary plat of Grande Vista, was subsequently modified subject to conditions on October 4,2005, by Federal Way City Council Resolution No. 05-458; and WHEREAS, the applicant submitted the application for final plat for Grande Vista within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 01-349, Resolution 04-416, and Resolution 05-458; and WHEREAS, the City of Federal Way's Department of Community Development Services and Public Works Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval and final plat decisional criteria, and their analysis and conclusions are set forth in the September 5, 2006 Staff Report, which is hereby incorporated by reference as though set forth in full; and WHEREAS, the applicant has complied with the conditions of the mitigation measures of the May 26, 2001, State Environmental Policy Act Mitigated Determination of Nonsignificance, as discussed in the September 5, 2006 Staff Report; and WHEREAS, the City Council Land Use/Transportation Committee considered the application and staff Res. # , Page I EXHIBIT G '~ report for the Grande Vista final plat at its September 11,2006 meeting, and recommended approval by the full City Council; and WHEREAS, the City Council reviewed and considered the Staff Report and the application for final plat for Grande Vista during the Council's September 19, 2006 meeting. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The final plat for Grande Vista, City of Federal Way File No. 05-106327-00-SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. 2. Based on, inter alia, the analysis and conclusions in the Staff Report, which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and schools and school grounds as are required by City Code, or which are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions listed in the October 16,2001, Federal Way Resolution No. 01-349, July 6, 2004, Federal Way Resolution No. 04-416, and October 4,2005, Federal Way Resolution No. 05-458 have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code Section 20-135. 5. All required improvements for final plat approval have been made and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all Res, # , Page 2 ---- ---- required plat improvements as identified in the September 5,2006 Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid or will be paid, prior to recording the final plat. Section 2. A{>plication Approval. Based upon the Findings and Conclusions contained in Section 1 above, the final plat of Grande Vista, City of Federal Way File No. 05-106327-00-SU, is approved. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the King County Department of Records. The applicant shall pay all recording fees. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority, and prior to the effective date, of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS DAY OF ,2006. CITY OF FEDERAL WAY Mayor, Michael Park ATTEST: City Clerk, Laura Hathaway, CMC Res. # , Page 3 APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITIl TIlE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No: 1 Res, # , Page 4 --------- . _.._~._ .__..._.... _. -.....0....-.- _...... ... ....~ ..... ..I..~.. _ ._ .~.;:- ~.--- ~'"":""='l""", ........... aVa/ UoH 1 VS30V.1.1.OO I:lOd ZlC8e 'VM 'dI'\i1'9'Mld lJE1HX3 30VdS N3dO '3'N J33W.S ~ 00: solale NOl1~oonl:lOtm .1N3t'ld013fI3(] ClNV1, JJJNl:i1. '"IIU. UO:l - ....., .... .- ..-a .... ~ &lIGl'I'C)J.lDIlU PI W In I I .,U/tI'GW/I 'IWJ1.1fQNnlJ:) AID" IY If lR WwIJf 'I I ..,..,..............~~ = = :;~~~ ..... ."\"1 u ~: ~ - 11111 i I " I · Q , ~ I!I, d-' -. ,llj .~ . ~llil. Ii i I,I! ~ ~ i.lbd ubllnir~ tiJrll~ - :s ,,' . -I -w r~ () - ' ~ ; 1I~ ~ & ~ 00 ... ~i iTI ~I I: I (Ll O~!, $ _: 8 ri n III : i II ~ ~il II j!I! ,II . ~ .. '" I.. II !l'~ ~I.!! ~ 'y ~ ~i~!! .,blllli l! I I ~~.,r- ! I ~ ~ ~I I I , I 0 U ~ a: 0 z ~ . . ..' . . . .' . ._~~- .. -~ ,.- .......- - -..... " ' I I I I I I ' I I I I EXHIBIT ---1:l ... - _n ______________n_n___________ COUNCIL MEETING DATE: September 19, 2006 ITEM 6-a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Proposed Resolution Appointing Committees to Write Arguments Concerning the Proposed Ballot Title Authority for the November 7,2006, General Election. POLICY QUESTION: Should the City Council approve resolutions appointing Committees to write an argument in support and in opposition of the utility tax ballot for the general election to be held on November 7, 2006? COMMITTEE: y\ t~ MEETING DATE: Y'\ l~ CATEGORY: D Consent D Ordinance D Public Hearing J&f City Council Business [gJ Resolution D Other ~!.~!':!.~!'_2~!~Y:~~t.l3:i<?h~~sI~<?~'.g~!y!\!t.<?~~y mmmmmm....... , ., " ,... ...................~~~!.:_~~~~~mm_m_m__m__m_ Attachments: 1. Resolution appointing a Committee in Support of the utility tax ballot proposition to write an argument in the King County Voters Pamphlet. 2. Resolution appointing a Committee in Opposition of the utility tax ballot proposition to write an argument in the King County Voters Pamphlet. The City of Federal Way's staffing levels for police and community safety have not kept pace with the City's rapidly growing residential and business population, growing number of calls for police and code violation services, and increased security needs at city parks and facilities. To enhance police and community safety, the City Council is asking voters to approve an additional tax on utility businesses of 1.75% to fund 8 patrol officers; 4 traffic officers; 4 detectives; 2 lieutenants; 1 records clerk; a half-time judge; 1 court clerk; 1.5 prosecutors; 1 code enforcement officer; a half-time code enforcement attorney; 1 park maintenance worker; and contracted park security patrols. The City Council enacted Ordinance No. 341 on September 19,2006, authorizing the City Clerk to certify a ballot proposition for additional utility tax to King County Elections. RCW 29A.32.280 requires the City Council to formally appoint two Committees of not more than three individuals, one to write an argument in support and one in opposition of the proposed ballot proposition for the Voter's Pamphlet. .................................................................................. .......................... ...................................................................................................................... ............ ......................... ....... ...................................................."...".. ... ... ............................................ ........................- ....................-...... STAFF RECOMMENDATION: Approve the resolutions appointing Committees to write an argument in support and in opposition of the utility tax ballot. CITY MANAGER ApPROV AL: ~ DIRECTOR ApPROVAL: ~ _p frt(: Co -ttee Committee Council COMMITTEE RECOMMENDATION: Com~e~hair y\ \A / 9lfi Committee Member Co ittee Member PROPOSED COUNCIL MOTION: "I move approval of the Resolutions appointing Committees to write an argument in support and in opposition of the utility tax ballot for the general election to be held on November 7, 2006. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 T ABLEDIDEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # K:\agenda item\council\2006\ballot committees -- ------------ ---------- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPOINTING A COMMITTEE IN SUPPORT OF THE UTILITY TAX BALLOT PROPOSITION TO WRITE AN ARGUMENT IN THE KING COUNTY VOTERS' PAMPHLET. WHEREAS, there is substantial desire in the community to see increased police presence; quicker police responses; expedited code enforcement actions; and improved security to keep our parks free of vandals and graffiti; and WHEREAS, an enhanced level of police service is essential in keeping the City of Federal Way (the "City") a safe and livable community; and WHEREAS, police services and community safety is a prerequisite to a vibrant economy; and WHEREAS, the City Council finds it is in the best interest ofthe residents and businesses of the City to enhance police and community safety services by adding eighteen police officers (8 patrol officers, 2 patrol lieutenants, 4 traffic officers, 4 detectives); I Police records clerk; 0.5 Judge (for a total of 2 full time judges), 1.5 prosecutors, 1 court clerk, jail and public defender resources necessary to support those additional police officers; 1 code compliance officer and 0.5 attorney for code enforcement; one park maintenance worker and contracted security services; and necessary operating supplies, equipment, vehicles, internal support staff; for a total estimated cost of $2.46 million; RES # , Page I WHEREAS, the City Council enacted Ordinance No. 341 in a City Council meeting on September 19, 2006, authorizing the City Clerk to certify a ballot proposition for additional utility tax to King County Elections for the general election on November 7, 2006; and WHEREAS, RCW 29A.32.280 requires the City Council formally appoint a Committee of not more than three individuals to write an argument in support ofthe proposed ballot proposition for the Voters' Pamphlet; WHEREAS, the Federal Way Mirror published the City's notice soliciting individuals willing to serve on the Committee on Wednesday, September 13,2006; and WHEREAS, the following individuals have indicated their willingness to serve on the Committee to write an argument in support of the utility tax ballot proposition: NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, HEREBY RESOLVES AS FOLLOWS: Section 1. Supporting Committee Appointment. The City Council appoints to the following listed individuals to serve on the Committee to write the argument in support of the utility tax ballot proposition: I 1. I I 2. 3. RES # , Page 2 ~ -- Section 2. Certify Committee. The City Clerk is hereby directed to submit this resolution to King County Elections no later than September 22, 2006. Section 3. Severability. If any section, sentence, clause or phrase ofthis resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of ,2006. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHA WAY, CMC RES # , Page 3 ------------- APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: K:\ballot\resolution appointing supporting committee RES # , Page 4 ---..- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPOINTING A COMMITTEE IN OPPOSITION OF THE UTILITY TAX BALLOT PROPOSITION TO WRITE AN ARGUMENT IN THE KING COUNTY VOTERS' PAMPHLET. WHEREAS, there is substantial desire in the community to see increased police presence; quicker police responses; expedited code enforcement actions; and improved security to keep our parks free of vandals and graffiti; and WHEREAS, an enhanced level of police service is essential in keeping the City of Federal Way (the "City") a safe and livable community; and WHEREAS, police services and community safety is a prerequisite to a vibrant economy; and WHEREAS, the City Council finds it is in the best interest ofthe residents and businesses of the City to enhance police and community safety services by adding eighteen police officers (8 patrol officers, 2 patrol lieutenants, 4 traffic officers, 4 detectives); 1 Police records clerk; 0.5 Judge (for a total of 2 full time judges), 1.5 prosecutors, 1 court clerk, jail and public defender resources necessary to support those additional police officers; I code compliance officer and 0.5 attorney for code enforcement; one park maintenance worker and contracted security services; and necessary operating supplies, equipment, vehicles, internal support staff; for a total estimated cost of $2.46 million; RES # , Page 1 WHEREAS, the City Council enacted Ordinance No. 341 in a City Council meeting on September 19,2006, authorizing the City Clerk to certify a ballot proposition for additional utility tax to King County Elections for the general election on November 7,2006; and WHEREAS, RCW 29A.32.280 requires the City Council formally appoint a Committee of not more than three individuals to write an argument in opposition ofthe proposed ballot proposition for the Voters' Pamphlet; WHEREAS, the Federal Way Mirror published the City's notice soliciting individuals willing to serve on the Committee on Wednesday, September 13, 2006; and WHEREAS, the following individuals have indicated their willingness to serve on the Committee to write an argument in opposition of the utility tax ballot proposition: NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, HEREBY RESOLVES AS FOLLOWS: Section 1. Opposing Committee Appointment. The City Council appoints to the following listed individuals to serve on the Committee to write the argument in opposition of the utility tax ballot proposition: 1. 2. 3. RES # - , Page 2 Section 2. Certify Committee. The City Clerk is hereby directed to submit this resolution to King County Elections no later than September 22, 2006. Section 3. Severability. If any section, sentence, clause or phrase ofthis resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of ,2006. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHA WAY, CMC RES # , Page 3 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: K:\ballot\resolution appointing opposing committee RES # , Page 4