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LUTC PKT 11-20-2006 City of Federal Way City Council Land Use/Transportation Committee November 20,2006 5:30 p.m. City Hall Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES: October 16, 2006 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS A. City Center-Core Height Limit Code Amendment Action 15 min/Doherty B. BP-BC Code Amendments Update Information 15 minIMichaelson C. Federal Way Comprehensive Plan Seven-Year Update Action 5 min/McClung Completion Resolution D. South 348tl1 HOV Lanes from 9th Avenue South to Pacific Action 10 min/Emter Highway - 85% Design Report E. South 373rd Street Bridge Replacement Project and WSDOT Action 10 minlBucich Interlocal Agreement - 100% Authorization to Bid F. Pacific Highway South Northbound Left Turn Lanes at South Action 5 min Salloum 316th Streets - Project Acceptance and Retainage Release G. 2007 Right-of-Way Landscaping Maintenance Contract - Bid Action 5 min/Salloum Award H. 2007 Street Sweeping Services Contract - Bid A ward Action 5 minlSalloum I. Pacific Highway South HOV Lanes Phase ill Project (South Action 10 min/Salloum 284th to Dash Point Road) - 100% Design Status Report and Authorization to Bid 5. FUTURE MEETINGS/AGENDA ITEMS 6. ADJOURN Committee Members Jack Dovey. Chair Eric Faison Dean McColgan City Staff Cary M. Roe. P.E.. Public Works Director Tina Piety, Administrative Assistant , 253-835-2601 G:\LUTCILUTC Agendas alld Summaries J006\1/-:1O-06 LUTe Agemla.doc City of Federal Way City Council Land Use/Transportation Committee October 16, 2006 5:30 pm City Hall City Council Chambers MEETING MINUTES In attendance: Committee Chair Jack Dovey and Committee Member Dean McColgan; Committee Member Eric Faison was excused; Council Member Jeanne Burbidge, Council Member"Linda Kochmar, City Manager Neal Beets; Finance Director Iwen Wang; Finance Manager Tho Kraus; Public Works Director Cary Roe; Community Development Services Director Kathy McClung; Public Works Deputy Director Ken Miller; Community Development Services Deputy Director Greg Fewins; Surface Water Manager Paul Bucich; Associate Planner Andy Bergsagel; Surface Water Engineer Jeff Wolf; Assistant City Attorney AmyJo Pearsall; Administrative Assistant II Tina Piety; Geri Walker, Federal Way School District 1, CALL TO ORDER Chairman Dovey called the meeting to order at 5:33 pm. Chairman Dovey excused Council Member Eric Faison. 2. APPROVAL OF MINUTES The October 2, 2006, minutes were approved. Moved: McColgan Seconded: Dovey Passed: Unanimously 3. PUBLIC COMMENT None 4. BUSINESS ITEMS A. School Impact Fees Tho Kraus provided the background information on this item. Chairman Dovey asked who sets these fees and Ms. Kraus replied they are set by the School District. Council Member McColgan asked what role these fees play in the School District's budget. Ms. Walker replied they are placed into the capital budget and are used only to increase school capacity. Moved: McColgan Seconded: Dovey Passed: Unanimously Committee PASSED Option 1 on to the November 7, 2006, City Council Consent Agenda for approval B. 26th A venue SW Stormwater Trunk Replacement Proiect - 85% Design Ap~roval Paul Bucich provided the background information on this item. There were no questions. Moved: McColgan Seconded: Dovey Passed: Unanimously Committee PASSED Option 1 on to the November 7, 2006, City Council Consent Agenda for approval. C. Lakota Crest Subdivision - Final Plat Andy Bergsagel provided the background information on this item. Council Member Kochmar commented that a big issue with this project was that an the trees were cut down, Now some are being replaced, could you. explain this? Mr. Bergsagel responded that approved street trees and replacement trees are being planted. They likely requested to remove all the trees at once for efficiency because many would need to be removed once G:ILUTCILUTC Agendas and Summaries 2006110-16-06 LUTC Minutes.doe Land Use/Transportation Committee Page 2 October 16, 2006 they began to build the houses. Council Member Burbidge expressed concern about watering of the new trees. Is there a requirement? Mr. Bergsagel replied that they have provided irrigation for the landscaping strips, The city will be monitoring the trees. Chairman Dovey commented that this is the first plat the Council allowed all the trees to be removed at once. Was there any advantage to city staff? Mr. Roe responded that it will make the process easier during the later phase as new houses are built. Moved: McColgan Seconded: Dovey Passed: Unanimously Committee PASSED Option] on to the November 7, 2006, City Council Consent Agenda for approvaL D. Uvdate on Annexation Kathy McClung provided the background information on this item. The city has not heard from Milton and therefore, no changes will be made and we will proceed. City staff will meet with Auburn to talk about using Peasely Canyon Road as a connector between the two proposed annexation areas. Staff has attended a neighborhood meeting that was positive and will be attending another neighborhood meeting this Thursday. King County also attended and will attend these meetings. City departments are working on transition plans, including what if any new employees would be needed and their proposed hire dates. There will be a resolution on this issue. Council Member McColgan asked the status of the tree retention plan. Ms. McClung replied that staff has almost completed the draft report. Staff is also working on the annexation issue, the Shoreline Master Program, comprehensive plan update, and small lot developments (the code amendment for flag lots will be delivered to the Planning Commission next month). Council Member McColgan requested a report on the stakeholders meeting that will take place next week. Chairman Dovey encouraged attendance at the next LUTC for a special presentation. Council Member Burbidge expressed concern for the oxygen level in Puget Sound in the Federal Way area, She asked if staff would ask Lakehaven Utility District to give a report on this issue (and their outflow) and the effect, ifany, on Federal Way. Mr. Roe replied that he would ask Lakehaven about this issue and would ask Surface Water Manager Paul Bucich to prepare a report. S. FUTURE MEETINGS The next scheduled meeting will be November 6, 2006. 6. ADJOURN The meeting adjourned at 5:57 p.m. G.ILUTCILUTC Agendas and Summaries 2006110-16-06 LUTe Minutes.doc COUNCIL MEETING DATE: December 5, 2006 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Height Limit Increase for Structures Containing Residential Units in City Center Core POLICY QUESTION: Should the City Center Core regulations be amended to allow greater height for structures containing residential units? The current height limit is 85 feet. Two alternatives are under consideration: 145 feet or 200 feet. COMMITTEE: LAND USEITRANSPORTATION MEETING DATE: 11/06/06 CATEGORY: o Consent o City Council Business STAFF REpORT By: PATRICK DOHERTY [gI Ordinance o Resolution o o Public Hearing Other DEPT: CITY MANAGER Attachments: Exhibit A - Code Amendment Ordinance; Exhibit B - Memo to Planning Commission Summary/Background: See Attached Memo to Planning Commission Options Considered: Alternative 1: Raise height limit to 145 feet. Alternative 2: Raise height limit to 200 feet with provision limiting upper-level floor-plates above 145 feet to no more than 80% of the floor-plate area below the 145-foot level. Alternative 3, recommended by Planning Commission on 10/18/06 by 4-3 vote: Raise height limit to 200 feet without additional provisions. STAFF RECOMMENDATION: Alternative 2 CITY MANAGER ApPROVAL: ~e ~f!.fi!) DIRECTOR ApPROVAL: "I move recommendation of Alternative~ to the December 5, 2006, City W17/P // _____ c-;;J f- ~~~ . Committee Member COMMITTEE RECOMMEN . ATION: Council agenda for firs eading." "I move approval of the LUTC recommendation," (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY ORDINANCE NO. 06- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE XI, "DISTRICT REGULATIONS," SPECIFIC TO THE CITY CENTER CORE DISTRICT AND RELATED TO THE MAXIMUM HEIGHT OF STRUCTURES CONTAINING RESIDENTIAL UNITS (AMENDING ORDINANCE NO'S. 90-43,93-170,96-270,97-291, and 06-515) WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly revised the Federal Way City Code (FWCC) Chapter 22 (Zoning), specifically related to the Federal Way City Center; WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22, Article XI, "District Regulations," related to the maximum height limit for' structures containing residential units the City Center Core District, furthers the intent of Chapter 36.70A RCW, Growth Management; WHEREAS, the City of Federal Way finds that these code amendments will implement and are consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on October 18, 2006, and forwarded a recommendation of approval to the City Council; WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on November 6, 2006, following which it recommended adoption of the text amendments as recommended by the Planning Commission; WHEREAS, the City Council finds that the code amendments to raise the maximum height limit to 200 feet for structures containing residential units in the City Center Core zoning district provide greater incentives for development in the Federal Way City Center, encourage "smart growth" in one of King County's designated Urban Centers, help fulfill the vision, goals and policies of the Federal Way Ord No. 06 - , Page I Comprehensive Plan, and are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare ofthe general public. Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section I, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: \. . I. The proposed FWCC text ainendmentis consistent with, and substantially implements, the FederaL Way Comprehensive Plan goals to accommodate future City residential growth within the City Center "to create a higher-density, mixed-use 'center' for Federal Way, and become an Urban Center as envisioned in VISION 2020." Specifically, City Center Goal #13 in the Comprehensive Plan indicates that the City Center zoning districts are intended to "(f)ocus growth, with resultant increasing demands for infrastructure and transportation, in the City Center, specifically the core area.. . (and) (a)llow for higher intensity uses for efficient use of land." By pursuing additional residential development in the City Center-Core zoning district through the incentive of greater height, for the reasons listed above, the proposed amendment would fulfill this general Goal. In addition, this amendment would further the following specific City Center Policies: . CCP3 - Continue to support land use regulations that allow the higher intensity development expected over the next 15 to 30 years; and ~ CCP8 - Provide incentives to encourage residential development in the City Center core area. 2. The proposed FWCC text amendment bears a relationship to the public health, safety, and welfare by furthering several important City Center goals and policies. Consequently, the text amendment promotes the public health, safety and welfare by fostering "smart growth" in concert with the Comprehensive Plan. And Ord No. 06 - , Page 2 3. The proposed FWCC text amendment is in the best interest of the residents of the City because it fosters "smart growth" by encouraging greater redevelopment investment in the City Center, in fulfillment ofthe Comprehensive Plan's goals and policies. Redevelopment of currently vacant and/or under-utilized City Center land for residential and mixed-use development may provide the following, and other, benefits to City residents: . The City Center is more capable of accommodating demands for future residential growth, relieving pressure on the neighborhoods for additional and/or denser development; . The City Center is adjacent to Interstate 5 and serves as a regional transit hub. New residential development in this location is, therefore, very well served by both conventional and mass transportation modes, thereby reducing the relative traffic impacts of such new development on the remainder ofthe City; . The potential for development of high-rise residential may trigger greater interest in City Center redevelopment. Through redevelopment of currently under-utilized City Center parcels, these and surrounding parcels see substantial appreciation in assessed value. Consequently, as more and more redevelopment occurs, the City Center incrementally contributes more to the City tax revenues and shoulders an increasing percentage of the overall City tax burden; . The development of higher-density residential uses in the' City Center increases the likelihood that a fuller array of retail goods and services will have a ready market of consumers, thereby increasing the array of such goods and services for 'all City residents; . The development ofhigher-d~nsity residential uses in the City Center also increases the likelihood that the Federal Way Transit Center will see greater usage, thereby increasing the likelihood that future investments in transit .enhancements will be seen favorably by regional decisionmakers. Section 3. Amendment. FWCC Chapter 22, Article Xl, "District Regulations," is amended as set forth in the attached Exhibit A. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ord No. 06 - , Page 3 Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the day of ,2006. APPROVED: Mayor, Mike Park ATTEST: City Clerk, Laura Hathaway, CMC .. " APPRovED AS TO FORM: , :. , \ ~ City Attorney, Patricia A. 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[ " '" " ~. NCT :: :B~ :.~ ]~ ~~ " ~ ~4 -5 :;; '0 >. g] " ~ ~~ E OIl tu.= ~'E ~~ ~~ '0'0 00 "'''' G" ;! N M "" ".; ~ -.b 0 0 ;z ~ N ~ 0- M "" ,," N ;!; 0 0 ;z -ci 0 ;.: ~ M "" 0; ;:! '" 0 ;z 'E 0 '" ~ ,.:. ".; "" '" :::; -.b '" 0 ;z 'E 0 .., '" ~ " <Q -" ~ e .... "" g .., '" 0 ;z .g ~ ~ 0 .s ~ ~ N N ] ~ t ~ f ~ "" ':f" H 0 ~ '" 0 ~ ;z ~ ! ~ Federal Way DATE: TO: VIA: FROM: SUBJECT: October 10, 2006 Planning Commission Neal Beets, City Manager ~) Patrick DOhert~~~mi~e~~opment Director City Center-Core Residential Height Limit (File Number 06-104925-00-UP) Policv Issue Should the Planning Commission recommend approval to City Council of a change to the text of the City Center-Core "district regulations" at FWCC 22-797 to allow greater maximum height for structures containing residential dwelling units from the current limit of 85 feet to either 145 feet or 200 feet? Backqround Comprehensive Plan In 1995 the City Council approved the City's first Comprehensive Plan, pursuant to the Growth. Management Act (GMA), In order to engage public involvement and input into the comprehensive planning process, the City hired consultants who conducted a process called "CityShape" that offered active opportunities for community input. Through this input, the public expressed its preferences about ' the City Center that are encapsulated in the Comprehensive Plan's "City Center" chapter. Chiefarnong those preferences are the following statements: . Create an identifiable downtown that is the social and economic focus of the City; . Strengthen the City as a whole by providing for long-term growth in employment and housing (in the City Center); . Promote housing opportunities close to employment; .' Support development of an extensive regional transportation system; . Reduce dependency on automobiles; . Consume less land with urban development; . Maximize the benefit of public investment in infrastructure and services; . Provide a central gathering place for the community; and . Improve the quality of urban design for all developments. In pursuit of the City Center plan, the City created tWo City Center zones: the City Center Core and City Center Frame, The Core was established "to create a higher-density, mixed-use 'center' for Federal Way, and become an Urban Center as envisioned in VISION 2020," pursuant to the GMA. The Frame was established to "provide a zone for dense mixed-use development that surrounds and supports the Core. It also provides a transition between high-activity areas in the Core area and less dense neighborhoods outside the Frame," As such, the Core and Frame contain different height limits for different uses, Generally speaking, the Core provides for greater height limits for similar uses than available in the Frame. The following are some principal uses within both zones and their corresponding maximum height limits: , Memo to Planning Commission City Center-Core Height Limit Increase October 10, 2006 Page 2 of8 USE City Center Frame City Center Core Office 35 feet 145 feet Retail 35 feet 95 Entertainment 60 feet 95 Hotel 45 feet 145 feet Residential 85 feet 85 feet As you can see, while structures housing most uses are afforded a higher height limit within the City Center Core zone, for some reason residential structures are given no additional height in the Core over the limit in the Frame, . Actions to Promote City Center Development Since adoption of the Comprehensive Plan, the City has pursued numerous actions to ready the City Center environment for investment and/or even offer incentives for redevelopment in fulfillment of the Comprehensive Plan vision. Several of these actions are: Allowance of five stories of wood frame construction over a concrete base, up from only four; . Substantial Zoning Code Changes, approved February 2006, to facilitate Comprehensive Plan" .. 'c~m7Pliant redevelopment and remove barriers to multifamily and mixed-use deveiopment; ~?ntinued City investment in substantial infrastructure improvements in the City Center; City engagement of the Leland Consulting Group to provide up-to-date market information to,. : ~upporrredevelopment and a set of City Center red~vel6pment strategies; . City Council official commitment to consideration of public-private partnerships and concomitant creation of a $5-million City Center redevelopment fund; Substantial marketing of the City Center redevelopment opportunities through brochure, . advertising, press releases and personal contacts; AND City Center SEPA "Planned Action" and Environmental Impact Statement (EIS) SEPA Planned Action and EIS . . . . . '. . Pursuant to City Council direction, dating back to 2001, the City embarked on development of a SEPA . "Planned Action" and supporting EIS to cover a central north-south-oriented swath of the City Center (see attached map, "Exhibit A"), covering both City Center-Core and City Center-Frame zoning districts. State law (RCW 43.21C.031(2)(a) and WAC 197-11-164) enables Planned Actions as a means of fostering redevelopment and growth in urban centers, pursuant to the Growth Management Act. Once a City completes the required EIS, it may adopt a "Planned Action Ordinance" that offers a substantially streamlined environmental and land use permit review process, as well as any associated master plans, comprehensive plan amendments or zoning code amendments. The Federal Way City Center Planned Action EIS analyzes the impacts from development in the City Center "Planned Action" area over a ten-year period, as follows: USES DEVELOPMENT "ENVELOPE" Retail 750,000 SF Office 350,000 SF LOdqinq 600 rooms Residential 750 units Civic 100,000 SF . Structured Parking 750 stalls Memo to Planning Commission City Center-Core Height Limit Increase October 10,2006 Page 3 of8 In addition, the Federal Way City Center Planned Action EIS analyzes the impacts associated with a height limit increase for residential structures within the entire City Center Core area - not just that within the "Planned Action" area. Two alternatives, in addition to the "No Action" alternative, were analyzed in the EIS: 1. Maximum height limit of 145 feet 2. Maximum height limit of 200 feet The Federal Way City Center Planned Action Draft EIS was issued on June 26, 2006. A public hearing on the EIS was held on July 13, 2006 at the Federal Way City Hall, Council Chambers, and the associated public comment period ended on July 25, 2006. A Final EIS was issued on September 8, 2006. After publication of the FEIS, the City may proceed with consideration of the two actions served by this EIS: the SEPA Planned Action Ordinance and the City Center Core residential height limit increase. While analyzed within the same EIS, these two actions are otherwise unrelated and may proceed independently. The PlannepAGtion Ordinance will establish an expedited SEPA review process for development projects that conform with the Planned Action EIS, Those projects will be exempt from individual, independent SEPA revieW and will otherwise undergo a simpler arid more expedifed review for compliance with the, Planned A.ction, Measures mitigating environmental iri1p~cts have been pre-identified in the EIS and will be incorporated" by reference in the PlannedAction Ordinance, as approved by City Council. Curreritly it is anticipated that City Council will take up consideration of the Planned Action Ordinance in the latter part of this year. , .. .,', . The City CehterCore height limit increase fOr structures containing multifamily uses is a development ". regulation, not a process regulation. As such, it may be considered independently. The impacts related to potentially taller multifamily and mixed-use buildings were analyzed in the Federal Way City Center Planned Action EIS and can be summarized as follows: ENVIRONMENTAL ELEMENT Air Quality COMMENTS Land Use Increased development potential may lead to increased vehicle trips (see below), leading to increased automobile-generated pollutants. EIS analysis indicates that ollutants would remain below allowable air uali standards. Mix and juxtaposition of uses would not be changed, although more marked transition between older, low":scale buildings and newer, taller buildings would be likel . Taller residential buildings would allow a potentially greater residential o ulation and densit in the Cit Center Core. Population, Employment and Housin Memo to Planning Commission City Center-Core Height Limit Increase October 10, 2006 Page 4 of 8 Aesthetics, Light and Glare Proposed height increase to 20.0.' would allow buildings of incrementally greater height and bulk than currently allowed for commercial buildings (145} More "high-rise" buildings would be possible than today. Shadow impacts would be greater. Juxtaposition between older, low-scale buildings and newer, taller buildings would be more noticeable. Proposed height increase to 145' would allow buildings of same height and bulk as is currently allowed for commercial buildings. More "high-rise" buildings would be possible than today. Shadow impacts would be greater than today, but lesser than 20.0.' alternative. In both cases views from low-scale buildings could be impaired to varying degrees, Transportation , A mitigating condition related to greater height for residential structures is the propensity for residential floor-plates to be smaller than commercial ftoor- plates, resulting in less upper-level bulk in exchange for greater height. (See also accompanying proposed code language to require floors above 14(5' to be limited to no more t.han 80.% of the floor-plate below.) The Planned Action analyzes likely development over a ten-year period, with a total of 2,727 additional PM peak hour trips distributed throughout the City roadway system by 20.0.9 (or the at such time as the equivalent development is realized) and a total(jf up to 5,0.97 PM peak hour trips distributed throughout the City roadway system by 20.14 (or the at such time as the equivalent development is realized). . In the unmitigated condition, this additional level of PM peak hour trips would congest several intersections to level of service F, As a consequence, all of the projects slated for the City's Transportation Improvement Plan (TIP) are recommended to be constructed, plus two additional mitigation projects: . Add 2nd northboundL turn lane at S 31ih/Pac Highway · Optimize signal timing at S 336th/Pac Highway Public Services The transportation impacts associated with marginally greater population assoCiated with potentially taller multifamily structures is covered by this analysis and mitiQation. Taller multifamily structures and marginally greater population will result in marginally greater need for police, fire, and parks services. These impacts , are disclosed in the EIS. No siqnificant, unmitiQable impacts are foreseen. Lakehaven Utility District indicates that it will have available capacity to provide domestic water and sanitary sewer service to the City Center under the entire Planned Action growth scenarios, including the marginally greater population associated with taller multifamily structures. Utilities Increased demand for energy and telecommunications services will also result, but not to siqnificant levels. Proposal The current proposal is to consider amending FWCC 22-797 to allow greater height for structures containing multifamily dwelling units in the City Center-Core zone, Two alternatives are available for Memo to Planning Commission City Center-Core Height Limit Increase October 10, 2006 Page 5 of8 consideration over the "no action" alternative of staying at the current limit of 85 feet: Alternative 1: 145 feet (See attached "Exhibit B") Alternative 2: 200 feet. In addition, with this alternative, code language is proposed that would require floor-plates above 145 feet to occupy no more than 80% of the floor-plate area immediately below the 145-foot level. (See attached "Exhibit C") These two height alternatives were set by the City Council at the beginning of t.he Planned Action EIS process. This proposal is made as an additional means of providing an incentive for redevelopment of the City Center. Greater potential height for residential structures could provide the following benefits to parties interested in pursuing redevelopment: . Additional flexibility on a site to provide a range of housing options (low-rise, mid-rise, high-rise); . Potential to provide more view units that could help sustain higher unit priceslrents to assist in financial feasibility of redevelopment; . Additional height to recoup the costs associated with high-rise construction, required above approximately 65 feet. Currently it is infeasible that qevelopers of multifamily structures would utilize the 85-foot height limit since it requires the more expensive, high-rise construction type for only a couple of floors of greater height than the less expensive, wood-frame-over-concrete construction up to 65 feet; and, . Additional development potential to help meet City Center housing growth targets and to provide additional, proximate support to retail and service establishments within the City Center. Analysis Codified Criteria FWCC 22-528 sets out the criteria for considering zoning text amendments, These criteria are presented below, followed by a corresponding response: The City may amend the text of this chapter only if it finds that: 1 . The proposed amendment is consistent with the applicable provisions of the comprehensive plan. As mentioned above, the City Center-Core zoning district was established in the Comprehensive Plan to "to create a higher-density, mixed-use 'center' for Federal Way, and become an Urban Center as envisioned in VISION 2020," pursuant to the GMA. Specifically, City Center Goal #13 in the Comprehensive Plan indicates that the City Center zoning districts are. intended to "(f)ocus growth, with resultant increasing demands for infrastructure and transportation, in the City Center, specifically the core area... (and) (a)lIow for higher intensity uses for efficient use of land." By pursuing additional residential development in the City Center-Core zoning district through the incentive of greater height, for the reasons listed above, the proposed amendment would fulfill this general Goal. In addition, this amendment would further the following specific City Center Policies: Memo to Planning Commission City Center-Core Height Limit Increase October 10, 2006 Page 60f8 . CCP3 - Continue to support land use regulations that allow the higher intensity development expected over the next 15 to 30 years; and . CCP8 - Provide incentives to encourage residential development in the City Center core area. 2. The proposed amendment bears a substantial relation to the public health, safety, or welfare. As the proposed amendment is a land use regulation, its principal relation to the public health, safety or welfare is manifest through its relative fulfillment of the Comprehensive Plan's goals and policies. As mentioned above; the amendment furthers several important City Center goals and policies, and for that reason, promotes the public health, safety and welfare by fostering "smart growth" in concert with the Comprehensive Plan. 3. The proposed amendment is in the best interest of the residents of the City. Similar to the analysis above, the proposed amendment fosters "smart growth" by encouraging greater redevelopment investment in the City Center, in fulfillment of the Comprehensive Plan's goals and policies. Redevelopment of currently vacant and/or under-utilized City Center land for residential and mixed-use development may provide the following, and other, benefits to City residents: . The City CElnter is more capable of accommodating demands for future residential growth, relieving pressure on the neighborhoods for additional and/or denser development; . The City Center is adjacent to Interstate 5 and serves as a regional transit hub, New residential development in this location is, therefore, very well served by both conventional and mass transportation modes, thereby reducing the relative traffic impacts of such new development on the remainder of the City; . The potential for development of high-rise residential may trigger greater interest in City Center redevelopment. Through redevelopment of currently under-utilized City Center parcels, these and surrounding parcels see substantial appreciation in assessed value. Consequently, as more and more redevelopment occurs, the City Center incrementally contributes more to the City tax revenues and shoulders an increasing percentage of the overall City tax burden; . The development of higher-density residential uses in the City Center increases the likelihood that a fuller array of retail goods and services will have a ready market of consumers, thereby increasing the array of such goods and services for all City residents; . The development of higher-density residential uses in the City Center also increases the likelihood that the Federal Way Transit Center will see greater usage, thereby increasing the likelihood that future investments in transit enhancements will be seen favorably by regional decisionmakers. Additionally, with Alternative 2 (200-foot limit) the proposal to limit floor-plates above 145 feet to 80% of the area of the floor-plates below 145 feet offers mitigation of upper-level height and bulk. In summary, the proposed zoning code text amendment satisfies the codified criteria for consideration of Memo to Planning Commission City Center-Core Height Limit Increase October 10, 2006 Page 7 of8 zoning text amendments. Statements Pro and Con for Each of the Two Height Limit Options 145 feet Pros: · This proposal would provide an additional incentive for multifamily and mixed-use development over the existing height limit; · This proposal would incrementally raise the height limit for multifamily structures to equal the maximum height limit for commercial buildings and, as such, would not exceed the current height limit. The additional height, bulk and scale associated with taller residential structures would not be realized, Cons: · . This proposal would provide less flexibility to provide a range of hoUsing options on a particular site than the 200-footheight limit; · ., '. ' This proposal could provide less financial feasibility for high-rise construction by providing a lesser . amount of additional floors above the existing height limit to justify the high-rise construction type, 200 feet Pros> . · This proposal would provide even greater incentive for multifamily and mixed-use development over the existing height limit. It is anticipated that this level of additional development (approximately 12 additional stories) would provide substantial opportunity to provide sufficient higher-priced, view dwelling units to help justify the higher high-rise construction costs; · This proposal would provide greater flexibility to a site to accommodate a range of housing types: low-rise, mid-rise and high~rise. Cons: · This proposal would create greater height, bulk and scale impacts by allowing for residential towers to rise above commercial towers in the City Center. The accompanying proposal to limit floor-plates above 145 feet to 80% of the floor-plate area below the 145-foot level helps to mitigate this upper71evel height and bulk. . Staff Recommendation Given that the purpose of a higher height limit for multifamily and mixed-use buildings in the City Center is intended to create greater incentive for redevelopment of City Center parcels, staff believes that the greater the incentive, the more likely such redevelopment will occur. The 200-foot height limit provides this greater incentive, both due to the higher height justifying the costs of high-rise construction, as well as the ability to provide a greater range of housing product. While the taller residential and mixed-use buildings would create greater height and upper-level bulk in the future City Center skyline, staff believes that the generally slimmer profile of residential floor-plates versus commercial floor-plates may provide sufficient compensation for somewhat higher height (up to 55 feet Memo to Planning Commission City Center-Core Height Limit Increase October 10, 2006 Page 8 of8 taller than commercial construction). For these reasons, staff recommends approval of Alternative 2: 200-foot maximum height limit for structures containing multifamily dwelling units in the City Center-Core zone and accompanying upper- level bulk limit, as detailed in the proposed amended zoning code text, attached as "Exhibit C". .~. + .. - Q ~ D~I ~~ JI fti'E :5:'1' _0 'm;;::. 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" ;;; ii l!!. r- "" 0 ~ '" ~ ~ ..: I;) '" .g ,.:. -' <'I '\i\ '" ~ ~ !)i ~ ~ Iii "" ~l "" ,-.; M' ~ .... .. ~ ~ 0 ~ :z ~ .~ ~ CITY OF FEDERAL WAY PLANNING COMMISSION October 18, 2006 7:00 p.m. City Hall CouJlcil Chambers MEETING MINUTES Commissioners present: Hope Elder, Dave Osaki, Dini Duclos, Merle Pfeifer, Bill Drake, Pam Duncan-Pierce, and Lawson Bronson. Commissioners absent: none. Alternate Commissioners present: Richard Agnew. Alternate Commissioners absent: none. Staff present: Economic Development Director Patrick Doherty, City Attorney Pat Richardson, and Administrative Assistant E. Tina Piety. Chairperson Elder called the meeting to order at 7:00 p.m. ApPROV AL OF MINUTES Commissioner Duclos moved and it was seconded to adopt the August 16, 2006, minutes. The motion was carried. AUDIENCE COMMENT None ADMINISTRATIVE REpORT Ms. Piety informed that Commission that since the City Council will be holding a budget meeting November 1 S\ the next Planning Commission meeting will be a special meeting on November 8,2006 (it is a special meeting because it is not being held on a regularly scheduled meeting day). She also reminded them that a Planners Short Course will be held November 15,2006. The Short Course will start at 6:30 p.m. COMMISSION BUSINESS PUBLIC HEARING - City Center-Core Height Limits Code Amendment Mr. Doherty delivered the staff presentation. The proposed change is to allow greater maximum height for structures containing residential dwelling units from the current limit of 85 feet to either 145 or 200 feet. Commissioner Bronson asked why the city should allow residential buildings to be taller than hotels. Mr. Doherty replied that currently, the maximum height for residential is much lower than for commercial. The City Council considered this issue and concluded that there may be more potential for residential developments than for hotels. It was noted that all residential development in the City Center-Core would be part of a mixed-use development. Commissioner Osaki commented that on figure 5 of the City Center Planned Action Final Environmental Impact Statement (EIS), three alternatives are listed and for Alternates I and 2, the total number of residential units is 750. Does the proposed change in height make any difference on the number of units anticipated to 2014? Mr. Doherty responded that the growth assumptions are not dependent on the proposed height limit change. Staff believes it is possible to meet the growth assumption with or without the proposed height change. It is believed that the proposed height change would give a greater incentive to developers. K:\Planning Connnission\2006\Meeting Summary IO-18.06.doc Planning Commission Minutes Page 2 October 18,2006 Commissioner Osaki asked how many more units are anticipated at the proposed 200 foot height limit as opposed to the proposed 145 foot height limit~ Mr. Doherty replied that the proposal was not analyzed that way, especially since there is no density limit in the City Center currently. It is more a redistribution of units as opposed to have more units (such as larger units). The proposed height limit change would offer greater choice. Commissioner Drake asked what drives the proposed limitation of the floor plate above 145 feet to no more than 80 percent of the area of the floor plate immediately below the 145-foot level (80 percent "taper" clause). Mr. Doherty replied it is mainly aesthetics. Commissioner Drake then commented that he is concerned this requirement could turn away potential development. Commissioner Drake asked if the city was considering increasing the height for commercial development in the CC-c. Mr. Doherty replied that it was not considered as part of the City Center Planned Action EIS, Ifthe city was to consider increasing the height for commercial development in the CC-C, it would require another EIS to address the impacts. Commissioner Drake moved to approve the staff recommendation of increasing the height limit in the CC-C to 200 feet maximum for structures containing multifamily dwelling units, but to not include the proposed upper-level bulk limit (the 80 percent "taper" clause). The motion was seconded. Chairperson Elder called for a roll-call vote, results of which were: Elder - yes; Duclos - yes; Drake - yes; Bronson - no; Osaki - no; Pfeifer - yes; and Duncan-Pierce - no. The motion carries. ADDITIONAL BUSINESS The Commission discussed their concerns about increasing the height for commercial buildings in the CC-C. It seems to them that a lower height limit for commercial could limit development. Mr. Doherty commented that the Commission could suggest the City Council place this issue on the Planning Commission work program. He also stated that it is common for cities to have different height limits for different uses in order to encourage more of one type of development. Chairperson Elder stated she would talk to the LUTC chair about this issue and the Commissions concerns. Commission Bronson stated that the Commission's Rules of Procedure state that elections will be. held the first meeting in October. Ms. Piety commented that the City Council will be appointing Commissions for those terms that expired September 2006 on November 7,2006, and elections will be held the first Planning Commission meeting after this (November 8, 2006). AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 8:08 p.m. K:\Planning Conunission\2006\Mee.ing Sunnnary IO-18-06.doc CITY OF FEDERAL WAY MEMORANDUM SUBJECT: November 20, 2006 Land Use and Transportation Committee Neal Beets, City Manager (fiiI Kathy McClung, Director of comm~. . ty Development Services ~ Lori Michaelson, AICP, Senior PIa Amendments to Business Park (BP and Community Business (BC) zones DATE: TO: VIA: FROM: BACKGROUND During the 2006 Comprehensive Plan Update, the City Council asked staff to identify potential zoning text amendments, and/or rezones, to the Business Park (BP) and/or Community Business (BC) zones, to make zoning more market~responsive. This was due mainly to the high demand the City has experienced over the last five years to rezone BP-zoned property to BC. At the LUTC meeting on July 17, 2006, staff asked for feedback on various optional approaches and key objectives for the code'amendments. The LUTC supported merging the BP and BC zones into a single zone, with performance standards to address use-related impacts; expanding commercial, office, and retail uses in the BP zone; increasing height for motelslhotels and residential; and relaxing minimum lot size and setback requirements. RECOMMENDATION FOR COUNCIL CONSIDERATION At this time staff has researched a possible merger of the BP and BC zones into a single "hybrid" zone, and is recommending a slightly different approach to accomplishing the same objectives. As detailed below, staff recommends maintaining two separate zones and "core" visions, while updating policies, zoning regulations, and zone boundaries, to address emerging market demand. This approach will preserve policies and zoning regulations that remain applicable, induding a zone-based separation of highly incompatible uses, such as residential and industrial, and it will continue to reflect existing predominant land use patterns. This proposal will meet Council objectives to make BP zoning more responsive to current market conditions favoring retail and other development. On the positive side this will allow a more diverse and vibrant mix of uses, and a stronger, immediate tax base. On the negative side, conversion to a retail employment base may promote lower wage jobs and increase traffic congestion in existing high-volume corridors~ Staff is requesting Council input on this recommendation before proceeding with more detailed analyses, public hearing, etc. RECOMMENDATION (See attached map and table) ~ Rename the Business Park (BP) zone to "Commercial Enterprise" (CE). This new name will reflect the updated purpose and intent for the BP zone, i.e., to increase market-responsiveness by integrating a broad mix of retail, office and commercial uses, into the predominantly industrial uses as currently contemplated. November 20,2006 Land Use and Transportation Committee Page 2 ~ Change, to CE, all currently BC-zoned properties located south of South 339th Street (if extended); except the "Kitts Corner" property (located south of South 336th Street and west of SR-99) and the "Winco" property (located at the northwest corner of SW Campus Drive and 1 5t Ave South). The Kitts Corner aIid Winco properties must remain BC under pre-existing zoning agreements. ~ Retain BC zoning for all properties located north of South 339th Street, but with text changes to implement the updated intent of the BC zone, i.e., continue to recognize SR-99 as an auto-oriented, predominantly commercial corridor, but encourage more pedestrian-oriented uses such as mixed use residential development, and exclude uses that are incompatible with those objectives. ~ Listed below, and on the attached table,-are examples of key, use-related code amendments, preliminarily identified by staff for further research, for LUTC discussion and feedback. - Expand the mix of "BC-like" commercial, office, and retail uses in the CE (former BP) zone, to better meet market demand for these uses. - Direct the highest-impact uses such as bulk and big box retail, and oversized commercial vehicle facilities and yards, such as truck stops and tow lots, to CE, and exclude them from BC. -Continue to concentrate industrial uses such as manufacturing, assembly, warehousing, and distribution, in the CE zone. -Continue to concentrate mixed-use residential in the BC zone and not in CEo ~ Other anticipated key amendments would include: - Increased "base" height for motels and hotels in both zones, to allow one or two more floors, but not to compete with higher-rise hotels in the City Center. Height increases for residential mixed-use in the BC zone will also be recommended If Council wishes staff to research any other height increases, please direct. -Review/update site development regulations such as minimum lot size and setbacks; and design and performance standards, to help remove development barriers and ensure compatibility with adjacent uses. Attachments · Map: "Proposed Commercial Enterprise (CE) Zone" · Table: "Overview of Key Use Changes (Preliminary)" ~ Federal Way Proposed Commercial Enterprise (CE) Zone Map Date 11/2106 City of Federal Way 33325 8th Ave S PO Box 9718 Federal Way, WA 98063 (253) 835-2558 www.cityoff~deralway.com D~ I--/--. / I ~. ~ - ~Hlhr' \ \--l-r ~ ~ ~ ~ ~_~_ h t=t= - L-- ''-S:::3-36tH~_tLJ}~ S-;3.~36t'_h '-.Str- ~:\ -,- , ' '-~-~:I ~ - b~ iJ ~~) ~~~... ~ ~. ~ . /i! ----{ r- '11 ~~.. '!- l' " /f en ~ r" / ~btj~'~".' i "r ,i/!! "J!S> (I)> ~j, (oil" I~) ;;.'" ta..,/.,. l ii' to. ~ =,~ /~ ~'. S ~~ c( ,~ "'2' ~ . 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Legend CE Boundary ~ Existing BC I Proposed CE ~ Existing Business Park (BP) I Proposed CE D Parcels -=:J Existing Community Business (BC) I Remaining BC -PA/-re I J)F Z. - OVERVIEW OF KEy USE CHANGES (PRELIMINARY) USE(S) EXISTING PROPOSED OFFICE, · BC: All are allowed without limits. .BC: Continue to allow without limits. BANKING & .BP: Office is allowed, but only on .CE: Allow all without limits. RELATED sites of2 acres or more & limited to FINANCIAL 50% of gross floor area; and banking not allowed. RETAIL .BC: Any retail use is allowed, .BC: Continue to allow any retail use, including "bulk" and "big box" except direct "bulk" and "big box" retail. retail to CEo .BP: Only "limited" retail uses are .CE: Allow any retail use, including allowed (e.g. lumber yard). "bulk" and "big box." RESTAURANTS .BC: All restaurants (sit down and .BC: Continue to allow without limits. fast food) are allowed. .CE: Allow both sit down and fast .BP: Restaurants with no more than food, without limits. 50 seats are allowed, and fast food is not allowed. OVERSIZED .BC: Allowed without limits. .BC: Eliminate as an allowed use. COMMERCIAL .BP: Not allowed. .CE: Allow. VEHICLE FACILITIES & SERVICE YARDS GAS STATION, .BC: Allowed without limits. .BC: Continue to allow. CAR WASH .BP: Not allowed. .CE: Allow. HOTEL-MOTEL · Allowed in both zones. .Continue to allow in both zones. RESIDENTIAL .BC: All residential uses are allowed .BC: Continue to allow all residential USES but must be part of mixed use. uses when part of a mixed use. .BP: Only senior citizen housing is .CE: Eliminate senior citizen housing allowed. as an allowed use or require it to be part of a mixed use development. ~hE t- "f 2- - - OVERVIEW OF KEy USE CHANGES (PRELIMINARY) USE(S) EXISTING PROPOSED VEHICLE & -BC: Allowed, but heavy -BC: Continue to allow light EQUIPMENT equipment is excluded. equipment rental & repair but not RENTAL & -BP: Allowed. heavy equipment. Also, allow auto REPAIR body repair and painting as a principal use instead of only as an accessory use to new car sales (as currently required) -CE: Continue to allow all. SELF-SERVICE -BC: Allowed. -BC: Continue to allow, but require STORAGE; - BP: Allowed. RV storage to be part of a self-service OUTDOOR storage facility. STORAGE -CE: Continue to allow. YARDS FOR RV's. CHURCHES & -BC: Both are allowed. -BC: Continue to allow both. DAVCARE -BP: Neither are allowed. -CE: Allow day care, but continue to FACILITIES. not allow churches. SCHOOLS -BC: All schools are allowed. -BC: Continue to allow all schools. - BP: Only vocational and trade -CE: Continue to allow only schools are allowed. vocational or trade schools. INDUSTRIAL & - Not allowed in Be. -BC: Continue to not allow, except MANU- - Allowed in BP. consider allowing small-scale FACTURING manufacturing & sales operations. -CE: Continue to allow. COUNCIL MEETING DATE: December 5,2006 ITEM #: ........ ......................-..............-..............................--..............-..........................-...... ................................. .............--.--....................................................-...........". CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL RESOLUTION DOCUMENTING COMPLETION OF THE SEVEN-YEAR DPDA TE TO THE CiTY'S COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS. POLICY QUESTION: Should City Council adopt a resolution documenting completion of the seven-year update to the City's comprehensive plan and development regulations? COMMITTEE: LAND USE AND TRANSPORTATION MEETING DATE: November 20, 2006 CATEGORY: IZI Consent D City Council Business D Ordinance IZI Resolution D D Public Hearing Other .~!~~~.~~2-~!_.B\'~.!<-a!~>'-M~~l'!.~g~.._~~-~~!,~!.-.---.---__...________._._"__.,__.__..__~_~!~.~._~.?~~~~!~_!?~~.~~~~~:~~---...-.....-------.-- Attachments: I. Draft City Council Resolution documenting completion of the seven-year update to the City's comprehensive plan and development regulations. 2. Staff memorandum dated October 30,2006. Options Considered: I. "Move to adopt the resolution documenting completion of the seven-year update to the City's comprehensive plan and development regulations." 2. "Move to adopt the City Council Resolution subject to modification as directed by City Council." 3. "Move to disapprove the proposed City Council Resolution." ...........-.-...........,................-......--......................--...............-...........-......................................-......-................_...__..._._.............,,-_.....__..~......_.._..._._..................--...............-..... STAFF RECOMMENDATION: Staff recommends adoption of the Resolution. CITY MANAGER ApPROVAL. ~ DIRECTOR ApPROVAL: ~ ~ COMMITTEE RECOMMENDATION: I move recommendation of Option #1 to the December 5, 2006, cit Consent Agenda. W;;;:::;;:'ber PR SE \ C UNCIL MOTION: I move approval of the City Council Resolution, documenting completion of the seven-year update to the City's Comprehensive Plan and development regulations. .. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # K:\Comprehensive Plan\20061- Year Update\1yearupdateagendabill.doc.DOC ..~ CITY OF ~ Federal Way DEP ARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM To: Jack Dovey, Chair Land Use and Transportation Committee FROM: Kathy McClung, Director of Community Development Services ~L. VIA: Neal Beets, City Manag~ (.sf DATE: October 30,2006 RE: Resolution Documenting Completion of the Seven-Year Update to the City's Comprehensive Plan and Development Regulations I. ST AFF RECOMMENDA nON Staff recommends the Land Use and Transportation Committee forward to the City Council a recommendation approving the Resolution documenting completion of the seven-year update to the City's Comprehensive Plan and development regulations. ' n. SUMMARY & REASON FOR COUNCIL ACTION Every seven years, the City of Federal Way is required by RCW 36.70A.130(1) to take legislative action to review, and if needed, revise its comprehensive plan and development regulations, including its policies and regulations designating and conserving natural resource lands and designating and protecting critical areas to comply with the requirements in Chapter 36.70A RCW. For the City of Federal Way, the needed revisions identified by a review of the comprehensive plan and development regulations were completed in several phases over several years. Each phase of revision was adopted by separate ordinance by the City of Federal Way. As required by RCW 36.70A130, the attached draft City Council Resolution includes findings listing all of the previous phased development regulation updates and comprehensive plan updates. The Resolution also states that the City of Federal Way's revised Comprehensive Plan and development regulations substantially comply with the Growth Management Act (GMA). ID. COUNCIL ACTION The City of Federal Way must take a final legislative action documenting updates of the comprehensive plan and development regulations and compliance with the Growth Management Act. IV. PROPOSED MOTION I move that the Land Use and Transportation Committee recommend to the City Council, approval of the City Council Resolution, documenting completion of the seven-year update to the City's Comprehensive Plan and development regulations. EXHIBITS I. Draft City Council Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOCUMENTING COMPLETION OF THE SEVEN-YEAR UPDATE TO THE CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS WHEREAS, the Growth Management Act of 1990, as amended (Chapter 36.70A RCW or "GMA"), requires the City of Federal Way to adopt a comprehensive plan which includes a land use element (including a land use map), housing element, capital facilities plan element, utilities element, and transportation element (including transportation system map[s)); and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan; and WHEREAS, RCW 36. 70A.130(4) requires that the City of Federal Way, a "fully planning" city within King County, to update its comprehensive plan and development regulations, as necessary, to reflect local needs, new data, and current laws; and 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, July 20,2004, and June 16,2005; and WHEREAS, under RCW 36.70A.130, the Plan and development regulations are subject to continuing review and evaluation, but the Plan may be amended no more than one time per year; and WHEREAS, updates must be done in a deliberate manner every seven years according to a schedule established by RCW 36.70A.130(4); and WHEREAS, under the schedule established in RCW 36.70A.130(4), the deadline for the City of Federal Way to comply with the update required by RCW 36.70A.130(1) was December 1,2004; and WHEREAS, the deliberate GMA update process includes four basic steps: (1) establishment of a public participation program that identifies procedures and schedules for the review, evaluation, and possible revision RES# , Page 1 process; (2) review of relevant plans and regulations; (3) analysis of need for revisions; and (4) adoption of an appropriate resolution and/or amendments; and WHEREAS, on March 2, 1999, the City of Federal Way adopted Ordinance 99-337 establishing a public participation program in accordance with RCW 36.70A.130(2), which consists of a docket program, notification of citizens interested in applying for amendments to the comprehensive plan and development regulations, publishing notices in the paper, and posting notices on all official notice boards; and WHEREAS, on July 30th of every year, the City notifies all interested citizens, public groups, agencies, and organizations of the upcoming September 30th deadline for applying for changes to the comprehensive plan and development regulations, duly posting all official city public notice boards and publishing a notice in the city's official newspaper; and WHEREAS, pursuant to Article IX, Chapter 22 of the Federal Way City Code (FWCC)., and consistent with RCW 36.70A.130(2), the City accepts applications for amendments to its comprehensive plan and development regulations no later than September 30th of each year for review and action during the following year; and WHEREAS in accordance with RCW 36. 70A.130(1), which requires counties and cities to "take legislative action" to determine whether or not to revise a plan or regulation subsequent to the September 30th deadline, the City Council holds a public hearing at which it selects which requests shall be considered further; and WHEREAS, as required in RCW 36.70A.130, the City of Federal Way adopted the following.revisions to comply with Chapter 36.70A RCW: I. Ordinance 99-353 adopted November 16, 1999, amending and adopting new sections to the Critical Areas Ordinance providing the best available science concerning wetland regulation and wetland buffers; 2. Ordinance 04-468 adopted March 27, 2003, pertaining to Critical Aquifer Recharge Areas and Wellhead Protection; RES# , Page 2 3. Ordinance 05-492 updating the Housing element of the Federal Way Comprehensive Plan to adopt policies that facilitate the provision of sufficient development capacity to accommodate its housing targets for the 2001-2022 planning period of 6, 188 households; and 4, Ordinance 06-525 adopting Transportation Concurrency Management; and WHEREAS, as part of the seven-year update, the City has updated all chapters of the comprehensive plan to reflect local needs, new data, and current laws; and WHEREAS, in compliance with the Growth Management Act (RCW 36,70A.215), the City of Federal Way has determined the actual density of housing development, and has determined that development to be consistent with the City's comprehensive plan; and WHEREAS, the City's SEPA Responsible Official issl:led a Determination of Non significance on the annual comprehensive plan amendments; and WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council committees, and full City Council received, discussed, and considered the testimony, written comments, and material from the public; and WHEREAS, notice of all amendments to the comprehensive plan and development regulations adopted to fulfill the requirements ofRCW 36.70A.130 were sent to the Washington State Department of Community, Trade, and Economic Development at least 60 days before the amendments were adopted in accordance with RCW 36.70A.I06; and WHEREAS, a final copy of all amendments to the comprehensive plan and development regulations adopted to fulfill the requirements ofRCW 36. 70A.130 was sent to the Washington State Department of Community, Trade, and Economic Development within ten days of their adoption in accordance with RCW 36. 70A.l 06; Now, THEREFORE, the City Council of the City of Federal Way does hereby resolve as follows: Section I. Compliance A. The City of Federal Way comprehensive plan and development regulations IS In substantial compliance with the GMA. RES # , Page 3 B. The City will continue to update its comprehensive plan and development regulations annually. Section 2. Severability. The provisions of this resolution are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this resolution, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the resolution, or the validity of its application to any other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 4. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. ADOPTED by the City Council of the City of F ederal Way at a regular meeting of the City Council on the day of , 2006. APPROVED: Mayor, Mike Park A TrEST: City Clerk, Laura Hathaway, CMC ApPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERIC PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: RESOLUTION NO.: K:\Comprehensive Plan\2006 7-Year Update\Completion Resolution.doc RES# , Page 4 COUNCIL MEETING DATE: December 5, 2006 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: South 348th Street ROV Lanes Project (SR99 to 9th Ave S) - 85% Design Status Report POLICY QUESTION: Should the Council authorize staff to proceed with design of the South 348th Street HOV Lanes Project (SR99 to 9th Ave S) and return to the Council at the 100% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 20,2006 CATEGORY: [gI Consent . D Ordinance D Public Hearing D City Council Business D Resolution D Other ,STAFF RE~2~!.!!Y.:..M~~~_l!.~~.!.!oum,_~~~~_~y.~tems Manag~~____,_~~!2'_:.~~,:!~c_~~2:~~_..____________._ Attachments: LUTC Memorandum; S.348th Street ROV Lanes - 85% design Status Report. Options Considered: 1. Authorize staff to proceed with the design of the S. 348th Street HOV Lanes Project (SR99 to 9th Ave S) 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. S1- AFF RECOMMENDA Ti()N.:A~thoriz~--staff to proceed withthe.design of th~--S~48th Street -BOV Lanes -~oject (SR99 to 9th Ave S) and return to LUTC Committee at the 100% design completion stage for further reports and authorization. CITY MANAGER ApPROVAL: ~4# DIRECTOR ApPROVAL: ~ Committee ~ Council COMMITTEE RECOMMENDATION: Forward Option 1 to the December 5th, 2006 City Council Consent A~enda for approval. Authorize staff to proceed with the design ofthe S 348th Street HOV Lanes Project (SR99 to 9 Ave S) and return to LUTC Committee at the 100% design completion stage for further s and authorization. ~ot:mbcr PR P ED OUNCIL MOTION: HI move approval to authorize staff to proceed with the design of S348th Street HOV Lanes project - SR99 to 9'h Ave South and return to LUTC Committee at the 100% design completion stage for further reports and authorization" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 COUNCIL BILL # 1 ST readi ng Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: November 20,2006 Land Use and Transportation Committee Neal Beets, City Manager Marwan Salloum, P.E., Street Systems Manage South 348th Street HOV Lanes Project; 85% Design Status Report BACKGROUND: This project will add HOV lanes on eastbound and westbound S 348th from 9th Avenue South to Pacific Highway South. This will extend the HOV lanes from the Park & Ride lot at 9th Avenue South to 1-5. The traffic signal system at 9th Avenue South will be replaced to accommodate the added lanes and the traffic signal system at Pacific Highway South will be modified to accommodate the added lanes. Other improvements include curb, gutter and sidewalk, planter strips between the curb and sidewalk and drainage modifications. 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 submittal . Value Engineering Study · Open house held on August 23,2006 · SEP A Approval and Project Permitting · Project Design to 85% Ongoing Tasks Include: · Right of Way Requirements (Property Appraisals, Review Appraisals Negotiation and Acquisition) · Project Design to 100% Utility Undergrounding was not included in the Project Estimated Expenditures at the 30% Design Status Report , presentation. This project will meet the requirements to underground the overhead utilities per the City Codes. The City share of the cost to underground the overhead utilities is estimated between $250,000 and $300,000. The Transportation Improvement Board (TIB) will not participate in the undergrounding costs. Therefore, the entire cost for undergrounding will be at the City's expense. PROJECT ESTIMATED EXPENDITURES: Planning and Design ROW Acquisition 2007 Construction Cost (estimate) 10% Construction Contingency Utility Undergrounding Construction Management TOTAL PROJECT COSTS $500,000 677,000 2,750,000 275,000 300,000 363,000 $4,865,000 October 20, 2006 Land Use and Transportation Committee South 348th Street ROV Lanes Project - 85% Design Status Report Page 2 AVAILABLE FUNDING: Mitigation Interest TOTAL AVAILABLE BUDGET 702,000 41,300 $743,300 At this time, staff anticipates obtaining Transportation Improvement Board (TIB) funds at 60% funding, or approximately $2,739,000. IfTIB funding is approved this project budget will still have funding shortfall of $1,382,700. As part of the 2007-2008 budgets, staff is requesting $1,000,000 in utility tax to be allocated to this project. Staff is not requesting a budget adjustment for this project at this tirne. As we proceed with the project final design and right of way acquisitions process, the total project costs and funding will be refined and presented to committee and Council at the 100% design completion status report for further action. cc: Project File Day File COUNCIL MEETING DATE: December 5, 2006 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 373rd Street Bridge Replacement Project - (CIP # 304-3100-250) 100% Desi~n Status Report, Request to Bid, and WSDOT ILA Authorization POLICY QUESTION: Should the Council authorize the Surface Water Utility to proceed forward in partnership with the Washington State Department of Transportation (WSDOT) through an Inter-Local Agreement forreplacement of the S 373rd Street Bridge in 20071 COMMITTEE: LUTC MEETING DATE: Nov. 20, 2006 CATEGORY: IZI Consent D Ordinance D Public Hearing D City Council Business D Resolution D Other ~T A!~)tF~.PO~_By':_.Pau!_A:J3~~Lc.J!1-~h~~fa~~~~er..Manag~______~~~2'~._~~~.~~~~~:.~~_________.___ Attachme~ts: Memorandum to the Land Use and Transportation Committee dated November 20,2006. Draft Inter-Local Agreement with Washington State Department of Transportation for replacement of the S 373rd Street Bridge. Options Considered: 1. Authorize the City to proceed forward in partnership with the WSDOT through an Inter-Local Agreement for replacement of the S. 373rd Street Bridge in accordance with the 100 % plans and specifications. Authorize the City Manager to execute the ILA with WSDOT. 2. Do not authorize the City Manager to execute the ILA and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 above to the December 5,2006 Council Consent Agenda. CITY MANAGER ApPROVAL: ,@ ~ DIRECTOR ApPROVAL: CYw.t Co . ee ~ Conunittee ~ Council COMMITTEE RECOMMENDATION: Forward staff recommendation for Ag Option 1 to }heL December 5, 2006 I;Y/ /~ , Eric Faison, Member POSED COUNCIL MOTION: "] move we forward Option 1 to the full Council on December 5th, 2006 for approval on the Council Consent Agenda. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: November 20, 2006 Land Use and Transportation Committee Neal Beets, City Manager Paul A. Bucich, P.E., Surface Water Manage~ S 373rd Street Bridge Replacement Proje~'# 304-3100-250) 100% Design Status Report, Request to Bid, and WSDOT ILA Authorization BACKGROUND: On March 21 st, 2006, Council authorized the City Manager to enter into an Inter-Local Agreement (ILA) with the Washington State Department of Transportation (WSDOT) for conducting all permitting work for the City's bridge replacement project at S 373rd Street and Hylebos Creek as well as a constructability review, review of the plans and specifications and combining both agencies plans and specifications into one set to advertise as one project with separate schedules of work. This ILA work has been done and the plans and specjfications are fully completed. This project will install a new bridge at the relocated West Hylebos Creek crossing on S 373rd Street and will re~uire S 373rd Street to be shut down to through traffic from June 23rd until September 3r ,2007. Local traffic will be allowed to access homes on S 373rd Street from the east or west but the roadway will be impassible from the existing bridge to approximately 200 feet east as it will be removed for the project construction. This'will be necessary for installation of the new bridge and creek structure along with rebuilding the roadway. Attached is a draft ILA with WSDOT for your consideration that covers their role in administering the project on behalf of the City. This includes reviewing all bids, ensuring compliance with the plans and specifications through the construction process (inspection services), general project management, and billing to the city for our portion of the total project. Included in the ILA are costs associated with replacing a Lakehaven Utility District (LUD) water main along the north side of S 373rd Street. This was addressed in a previous ILA authorized by Council in March of 2006 between the City and LUD. LUD will reimburse the City for all costs associated with construction of the water main. The remaining tasks to be completed will be conducted primarily by the WSDOT with the exception of the City's review and approval process for the bid award: · Advertising the project (December 11., 2006) · Bid opening (January 24,2007) · Bid evaluation (January 24th through 31 st) · City LUTC and Council process (February 7.2007 through March 7. 2007) · Award Contract (March 8, 2007) · Begin Construction (April 9, 2007) · Complete bridge and road construction (September 3rd, 2007) Land Use and Transportation Committee S 373rd Street Bridge Replacement Project - (CIP # 304-3100-250) 100% Design Status Report, Request to Bid, and WSDOT ILA Authorization November 20, 2006 Page 2 of2 ESTIMATED PROJECT EXPENDITURES: Design Year 2007 Construction (Estimate) WSDOT Coordination 10% Construction Contingency Construction Management _ (14% WSDOT,2%CH2mHilI) LUD Water Line work TOTAL PROJECT COSTS AVAILABLE FUNDING: TOTAL A V AILABLE BUDGET( CITY) LUD AVAILABLE BUDGET TOTAL A V AILABLE BUDGET $207,800 $501,523 $18,860 $50,152 $80,243 $157,838 $1,016,416 $910,000 $157,838 $1,067,838 Through the existing Inter Local Agreement with Lakehaven Utility District, the construction, inspection, and contingencies for a water line replacement along the north edge of S 373rd Street will be covered on a reimbursement basis to the City. K:\LIJTC\2006\11-20-06S 373rd St. Bridge Replacement 100% authorization.doc ~ ili Washington State Department of Transportation Local Agency Participating Agreement Work by State - Actual Cost Agreement Number GCA-4743 Stale Route Number I Control Section Number Region Olympic Region Advance Payment Amount 109,610 PRELIMINARY . SubjeGt to Revision Organization and Address City of Federal Way Public Works Department P.O. Box 9718 Federal Way, WJ\.98063-9718 Section Ilocalion Spring Valley Restoration and South 373rd Street Bridge Replacement Description of Work Construct a City precast concrete three-sided structure on South 373rd. St. Exhibit "A" Exhibit "B" THIS AGREEMENT, made and entered into this day of ,between the STATE OF Wf'SHINGTON, Department ofTransportation, acting by and through the Secretary of Transportation, (hereinafter the "STATE") and the above named organization, (hereinafter the "LOCAL AGENCY"). WHEREAS, the STATE is planning the construction or improvement of a section of the state route as shown above, and in connection therewith, the LOCAL AGENCY has requested that the STATE perform certain work as herein described, and/or is responsible for a portion of the work as provided for under WAC 468-18-o.4o.(5)(d), and WHEREAS, it is deemed to be in the best interest for the STATE to include the necessary items of work in the STATE's construction contract proposed for the improvement of this section of State Highway, and WHEREAS, the LOCAL AGENCY is obligated for the cost of work described herein. NOW THEREFORE, by virtue of RCW 47.28.140. and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I GENERAL The STATE, as agent acting for and on behalf of the LOCAL AGENCY, agrees to perform the above "Description of Work". Plans, specifications and cost estimates shall be prepared by the STATE in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction, and amendments thereto, and adopted design standards, unless otherwise noted, The STATE will incorporate the plans and specifications into the STATE's project and thereafter advertise the resulting project for bid and, assuming bids are received and a contract is awarded, administer the contract. The LOCAL AGENCY hereby approves the plans and specifications for the described work as shown on Exhibit "S", attached hereto and by this reference made a part of this AGREEMENT. The LOCAL AGENCY may, if it desires, furnish an inspector on the project. Any costs for such inspection will be borne solely by the LOCAL AGENCY. All. contact between said inspector and the STATE's contractor shall be through the STATE's representative. DOT Form 224~65 EF Revise<l1t97 The LOCAL AGENCY agrees, upon satisfactory completion of the work involved, to deliver a letter of acceptance to the STATE which shall include a release and waiver of all future claims or demands of any nature resulting from the performance of the work under this AGREEMENT. If a letter of acceptance is not received by the STATE within 90. days following completion of the work, the work will be considered accepted by the LOCAL AGENCY and shall release the STATE from all future claims and demands of any nature resulting from the performance of the work under this AGREEMENT. The LOCAL AGENCY may withhold this acceptance of work by submitting written notification to the STATE within the 90-day period. This notification shall include the reasons for withholding the acceptance, II PAYMENT The LOCAL AGENCY, in consideration of the faithful performance of the work to be done by the STATE, agrees to reimburse the STATE for the actual direct and related indirect cost of the work. PRELIMINARY Subject to Revision Ph 2lJ fv'H NAf.,\{l Subject to Revision. An itemized estimate of cost for work to be performed by the STATE at the LOCAL AGENCY's expense is marked Exhibit "An, and is attached hereto and by this reference made a part of this AGREEMENT. Partial payments shall be made by the LOCAL AGENCY, upon request of the STATE, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final audit, all required adjustments will be made and reflected in a final payment. The LOCAL AGENCY agrees to make payment for the work to be done by the STATE within thirty (30) days from receipt of billing from the STATE. The LOCAL AGENCY agrees that if payment for the work is not made within ninety (90) days after receipt of billing the STATE may withhold any tax monies which the LOCAL AGENCY is entitled to receive from the Motor Vehicle Fund until payment for the work is received by the STATE. The LOCAL AGENCY agrees to pay the STATE the "Advance Payment Amounr stated above within 20 days after the STATE submits its first partial payment request to the LOCAL AGENCY. The advance payment represents approximately fifteen (15) percent of the estimate of cost and covers costs incurred by the STATE in the initial stages of the project. The advance payment will be carried throughout the life of the project with final adjustment made in the final payment. '" DELETION OF WORK In the event the estimate of cost, EXHIBIT "An, is in excess of $10,000 and the total actual bid prices for the work covered by this AGREEMENT exceeds the estimate of costs by more than .15 percent, the LOCAL AGENCY shall have the option of directing the STATE to delete all or a portion of the work covered by this AGREEMENT from the STATE's contract. Except, that this provision shall be null and void if the LOCAL AGENCY's portion 'of the work exceeds 20 percent of the actual total contract bid price, or if the LOCAL AGENCY is responsible for the costs under state law or the Washington Administrative Code WAC 468-18-040(5)( d). The LOCAL AGENCY shall have five (5) working days from the date of written notification to inform the STATE to delete the work. Should the LOCAL AGENCY exercise its option to delete the work, the LOCAL AGENCY agrees, upon billing by the STATE, to reimburse the STATE for preliminary engineering costs incurred by the STATE to include the work covered by this AGREEMENT in the STATE's contract. IV EXTRA WORK In the event unforeseen conditions require an increase in the cost of 25 percent of more from that agreed to on Exhibit "An, this AGREEMENT will be modified by a supplement AGREEMENT covering said increase. In the event it is determined that any change from the description of work contained in this AGREEMENT is required, approval must be secured from the LOCAL AGENCY prior to the beginning of such work. Where the change is substantial, written approval must be secured. Reimbursement for increased work and/or a substantial change in the description of work shall be limited to costs covered by a written modification, change order or extra work order approved by the LOCAL AGENCY. V, RIGHT OF ENTRY The LOCAL AGENCY hereby grants and conveys to the STATE the right of entry upon all land which the LOCAL AGENCY has interest, within or adjacent to the right otway otthe highway. for the purpose of constructing and if necessary, maintaining said improvements. Upon completion of the work outlined herein, all future operation and maintenance of the LOCAL AGENCY's facilities shall be at the sole cost of the LOCAL AGENCY and without expense to the STATE. VI LEGAL RELATIONS No liability shall attach to the STATE or the LOCAL AGENCY by reason of entering into this AGREEMENT except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. LOCAL AGENCY By Title Date DOT Form 224-065 EF Revised 1/97 STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By Title t U ~ ~ '-~ u.-U ;va NARY Subject 19 R~VJ$60n PRELIMINAFil Subject to Revision GCA-4743 Exhibit "Au Estimate of Cost Item Bridae & Roadway Work Water Line Work Combined Cost Preparation $50,093 $10,704 $60,797 Grading $27,400 $0 $27,400 Drainage $17,440 $0 $17,440 Water Lines $0 $91,840 $91,840 Structure $199,990 $0 $199,990 Surfacing $15,700 $0 $15,700 Liquid Asphalt $150 $0 $150 Hot Mix Asphalt $47,250 $0 $47,250 Erosion Control & Planting $29,020 $0 $29,020 Traffic Control $38,150 $10,200 $48,350 Other Items $76,330 $5,000 $81,330 Administrative Overhead (1) $0 I $0 $0 SUBTOTALS $501,523 $117,744 $619,267 Construction Engineering (14%) Construction Contingency (4%) $70,213 $20,061 $591,797 $16,484 $4,710 $138,938 $86,697 $24,771 TOTAL COST $730,735 Note: (1) Per Administrative Overhead Agreement OH-00029 PRELIMINARY Subject to Revision GCA-4 743 Exhibit A Page 1 of 1 r e -~ -., n ,:.: \;.~ ~ '\-J A i~ 1 Subject to Revision GCA-4743 Exhibit "B" Description of Work The STATE shan perfoml construction engineering and contract administration for the construction of the City's precast concrete three-sided structure at South 373rd Street and its associated roadway and utility work. The construction will be part of a State contract. The work includes items of Preparation, Grading, Drainage, Water Lines, Structure, Surfacing, Asphalt, Erosion Control & Planting, and Traffic Control. ~~~ \\..I\\~ 'O~ ~ \.-~ \"" ~e..,\9\ O~~.' <:;\\0 ,... StJ.'O\0 . GCA-4743 Exhibit B Page 1 of 1 COUNCIL MEETING DATE: December 5, 2006 ITEM #:_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Pacific Highway South Northbound Left Turn Lanes at S 3161h Streets - Project Acceptance and Retainage Release POLICY QUESTION: Should the Council accept the Pacific Highway South Northbound Left Turn Lanes at S 3161h Streets Improvement Project constructed by DPK Inc. as complete? COMMITTEE: Land Use/Transportation MEETING DATE: November 20,2006 CATEGORY: [gJ Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other ~_1.'~!F ~P~~!.!JY: M~~~n~_'!!!~~1E?__~~E.~tr.~_~!~x~te.~~_M~J?~g~__~EP!.=-J.>'!-!~Y_~_~<?!.lcs ..__._____.___.__ Attachments: LUTC memo dated November 20th, 2006 Options Considered: . 1. Authorize final acceptance of the Pacific Highway South Northbound Left Turn Lanes at S 3 16th Streets Improvement Project constructed by DPK Inc., in the amount of$98,193.46 as complete. 2. Do not authorize final acceptance of the completed Pacific Highway South Northbound Left Turn Lanes at S 316th Streets Improvement Project constructed by DPK Inc. as complete and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL: -@- DIRECTOR ApPROVAL: ~ ~ Committee Council ~ Eric Fai on, Member COMMITTEE RECOMMENDATION: Place Option 1 on the December 5, 2006 Co approval PROPOSED COUNCIL MOTION: "I move approval of final acceptance of Pacific Highway South Northbound Left Turn Lanes at S 316th Streets Improvement Project constructed by DPK Inc., in the amount of $98, 193.46 as complete." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED . 0 T ABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM I . DATE: TO: VIA: FROM: SUBJECT: November 20, 2006 Land Use and Transportation Committee Neal Beets, City Manager Marwao Salloum, P. E., Street Systems Manager Pacific Highway South Northbound Left Turn Project Acceptance and Retaina~e 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 DPK Inc. is complete. The final construction contract amount is $98,193.46. This is $23,671.14 below the $121,864.60 (including contingency) budget that was approved by the City Council on September 5, .2006. Staff will be present at the November 20th Land Use & Transportation meeting to answer any questions the Committee might have. cc: Project file COUNCIL MEETING DATE: December 5, 2006 ITEM #:_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2007 Right of Way Landscaping Maintenance Contract - Bid Award POLICY QUESTION: Should Council award the 2007 Right of Way Landscaping Maintenance Contract to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 20,2006 CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other ST AFF.._~~<,>,_R~l!.~.:_~~~~E.._Sa!!s>EE.!LP .E~.!!:~~_t.ll2'ste1.!1~ ManaE;.~.~.__._!>._~~.!: P~~lic _~~rks _____________ Attachments: LUTC memo dated November 20th, 2006 Options Considered: 1. Award the 2007 Right of Way Landscaping Maintenance Contract to Osaka Garden Service, Inc., the lowest responsive, responsible bidder, in the amount of $130,369.60 and authorize the City Manager to execute the contract. 2. Reject all bids for the 2007 Right of Way Landscaping Maintenance Contract and direct staff to rebid the project and return to Committee for further action. 3. Do not award the 2007 Right of Way Landscaping Maintenance Contract to the lowest responsive, responsible bidder and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL: ~ ~ DIRECTOR ApPROVAL: ~~ ~ IhtA.. Council Committee COMMITTEE RECOMMENDATION: Place Option 1 on the December. 5, 2006 Council Consent Agenda for approval ~ernbu. PROP SED CIL MOTION: "Award the 2007 Right of Way Landscaping Maintenance Contract to Osaka Garden Service, Inc., the lowest responsive, responsible bidder, in the amount of $130,369.60 and authorize the City Manager to execute the contract" (BELOW TO BE COMPLETEDBY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: November 20, 2006 Lan.d Use and Transportation Committee Neal Beets, City Manager . ~...-____ Marwan Salloum, P.E., Street Systems Manager ~.. . 2007 Right of Way Landscaping Maintenance Contract - Bid Award BACKGROUND: Two bids were received and opened on November 1,2006 for the 2007 Right of Way Landscaping Maintenance Contract. The total bids for this contract are as follows: Company Osaka Gardens Service, Inc. Northwest Landscape Service* Available 2007 Budget Amount Bid Amount $130,369.60 $141,955.06 $188,500..00 * Northwest Landscape Service did not include the price for 200 extra hours of maintenance labor, therefore none responsive bid The lowest responsive, responsible bidder is Osaka Garden Service, Inc. with a total bid of $130,369.60. The amount available in the 2007 budget for this contract is $188,500. COUNCIL MEETING DATE: December 5, 2006 ITEM #:_ ........__...._..__...._-_......._..__......_._-_....~._.._.....-.........--...................................................--................................-.-.-...-..-.........................-..-.......--............--..........................-.....--...-...-..-......................-....-...--.....................-........... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2007 Street Sweeping Services Contract - Bid Award POLICY QUESTION: Should the Council award the 2007 Street Sweeping Service Contract to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 20,2006 CATEGORY: [gI Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other ,~T A!!,:. ~!'_~~! BY:_M_~~~n Sall<:>.':.1!!1.?.._~.:..E.,...~!!:~~!_~y~!~m~.M~l!~g~~,___~~~.!-=-~ublic W <!.~J~_s._____.._____..__,___.__ Attachments: LUTC memo dated November 20th, 2006 Qptio_~s C~!!.~!iere~~__._.___.__.___....._____...........__.......:.__...________...._,__,_____.._..__.____.__.._..._____..._._._._,_..____.__ I. Award the 2007 Street Sweeping Services Contract to Action Services Corporation, the lowest responsive, responsible bidder in the amount of$78,712.52 and authorize the City Manager to execute the contract \ 2. Reject all bids for the 2007 Street Sweeping Services Contract and direct staff to rebid the project and return to Committee for further action 3. Do not award the 2007 Street Sweeping Services Contract to the lowest responsive, responsible bidder and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL: @- DIRECTOR ApPROVAL: ~~ Iht<.... Council- Committee COMMITTEE RECOMMENDATION: Place Option on the December. 5, 2006 Council Consent Agenda for approval Eric Faison, Member P SED OUNCIL MOTION: "Award the 2007 Street Sweeping Services Contract t Action Services Corporation, the lowest responsive, responsible bidder in the amount of $78, 712.52 and authorize the City Manager to execute the contract" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: November 20, 2006 Land Use and Transportation Committee Neal Beets, City Manager Marwan Salloum, P.E., Street Systems Manager 2007 Street Sweeping Services Contract - Bid Awar BACKGROUND: Two bids were received and opened on November 1,2006 for the 2007 Street Sweeping Services Contract, please see attached Bid Tabulation Summary. The total bids for this contract are as follows: Company Action Services Corporation Davidson-Marcri Sweeping, Inc. Bid Amount $78,712.52 $92,781.60 The lowest responsive, responsible bidder is Action Services Corporation. With a total bid of $78,712.52. The amount available in the 2007 budget for this service is $104,000.00. 2007 STREET SWEEPING SERVICES RFB No. 07-104 Bid Opening Date November 1.2006 Bid1 Bid2 Vendor NlIlle -> Action Sevices Corp. Davidson-Marcri Sweeing Inc, Location -> Bremerton, WA Bellevue, WA Cost per Cost per # Time per Cost per Cost per # Time per Item Amount Unit Mile Sweeping Year Total Cost Mile Sweeping Year Total Cost 1 Major Arterial Streets 22.91 Miles $49.00 $1,122.59 12 $13,471.08 $49.40 $1,131.75 12 $13,581.05 2 Minor Arterial Streets 9.03 Miles $42.00 $379.26 12 $4,551.12 $51.50 $465.05 12 $5,580.54 3 Collector Arterials 47.27 Miles $42.00 $1,985.34 12 $23,824.08 $49.00 $2,316.23 12 $27,794.76 4 State Routes 14.35 Miles $42.00 $602.70 12 $7,232.40 $45.90 $658.67 12 $7,903.98 5 Residential Streets 146.63 Miles $42.00 $6,158.46 4 $24,633.84 $45.90 $6,730.32 4 $26,921.27 ,T6~IIB~.i(::~nuil9ia ..~8'::'w<:b7'~ ~":-}T",,'n "tY:;~~?m~Atfl ~ ~ .mm.. ..$.7'3.""12..52. ~\~t~~.__ <_k_'; m._ ___.~1,?!It.6l). - - ..__.---.~--. - ..-...-._..~.._-- ._.......m....... ---, ~--... ......-.-................ 6 Emergency Call out 200 Hours $25.00 $5,000.00 $55.00 $11,000.00 111llDTOTAI,. PliiRyt;AR' . $78,71g52 $92,781,60 Bid Signature YES YES Bid Bond YES YES Addendums Acknow1edned YES YES Page 1 of 1 COUNCIL MEETING DATE: December 5th, 2006 ITEM #: ._.._.....~-_.........._......_.........._"._...__.__........-"._.~...._..._.__...- ..........-.".....---...- ..........................-.......-......--,...........,.......-..... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL. SUBJECT: Pacific Highway South HOV Lanes Phase III Project (S 284th to Dash Point Road) - 100% Design Status Report and Authorization to bid POLICY QUESTION: Should the Council authorize staff to bid the Pacific Highway South HOV Lanes Phase III Project (S 284th to Dash Point Road) project and return to LUTC for bid award for further reports and authorization? COMMITTEE: Land Use and Transportation Committee [MEETING DATE: November 20,2006 CATEGORY: ~ Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other Qp_!~ol!!... Consi~~~d.: .__.____..__.____.__..___._.____.._..._..._.._______._'-.--..------.--..--.--.-.--iJi--.- . 1. Authorize staff to bid the Pacific Highway South HOV Lanes Phase III Project (S 284 to Dash Point Road) and return to the LUTC Committee to award the project to the lowest responsive, responsible bidder. 2. Do not authorize staff to bid this project and provide direction to staff. STAFF RECOMMENDATION: Authorize staff to bid the Pacific Highway South HOV Lanes Phase III Project (S 284th to Dash Point Road) and return to the LUTC Committee to award the project to the lowest responsive, responsible bidder. CITY MANAGER ApPROVAL: ~ ~ . DIRECTOR APPROVAL: ~f~ COMMITTEE RECOMMENDATION: Forward Option 1 to the December 5th, 2006 City Council Consent Agenda for approval. Authorize staff to bid the Pacific Highway South HOV Lanes Phase III Project (S 284th to Dash Point Road) and return to the LUTC Committee to award the project to the lowest responsive, responsible bidder. ~!~~_~J!:_I.'-2!!.!_~_~.:.M~a!l S~!!~~!p, St.!.~~!. Systems M~~g~L.,____. Attachments: Staff LUTC Memo dated November 20,2006. I[ . ~ j----- Eric Faison, Member DEPT: Public Works rh1A ~ Committee Council PRO OS COUNCIL MOTION: HI move approval to authorize staff to bid the Pacific Highway South HOV Lanes Phase III Project (S 284th to Dash Point Road) and return to the LUTC Committee to award the project to the lowest responsive, responsible bidder" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 K:\COUNCIL\AGDBILLS\2006\12-OS-06 Pacific Highway S HOY Lane Phase 1II -100% design,doc COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: November 20, 2006 Land Use and Transportation Committee Neal Beets, City Manager Marwan Salloum, P.E., Street Systems Manager Pacific Highway South HOV Lanes Phase III Project (S 284/1. to Dash Point Road) -100% Design Status Report and Authorization to bid BACKGROUND: The Pacific Highway South HOV Lanes Phase III - South 284th Street to Dash Point Road Widening Improvement Project includes adding HOV lanes north anq southbound, adding curb gutter and sidewalk, adding lighting, landscaping, planted medians, restricting left turn movements to intersections, and consolidating driveways where possible. The purpose of the project is to improve aesthetics, improve traffic flow and reduce accidents by eliminating conflicts and to promote transit and car pool use. An average of more than 45,000 vehicles a day uses this section of Pacific Highway South, which operates "over capacity". PROJECT EXPENDITURES: Planning and Design Right of Way Acquisition ** Year 2006 construction 10% Construction Contingency 12.5% Construction Management Underground Conversion (PSE) TOTAL PROJECT COSTS $1,675,000 4,100,000 12,730,000 1,273,000 1,591,000 400,000 $21,769,000 AVAILABLE FUNDING: Total Grant Funding Mitigation Fund Interest Earned Budgeted City Fund (Year 2003) Budgeted City Fund (Year 2006) Surface Water Fund Qwest Undergrounding Lakehaven utility relocation Comcast Undergrounding TOTAL A V AILABLE BUDGET $17,585,373 (Till $6,898,689, Federal $9,472,684, WSDOT 1,214,000) 448,915 115.,032 975,000 1,870,000 150,000 170,000 450,000 40,000 $21,804,320 PROJECT BUDGET BALACE $35,320 ** Equilon Enterprises (Shell gas station at S288th Street) is the only remaining acquisition that the City does not have a final settlement agreement. A possible settlement amount has been added to the right of way acquisition total.