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LUTC PKT 03-12-2007 -, --- City of Federal Way City Council Land Use/Transportation Committee March 12, 2007 5:30 p.m. MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES: February 26, 2007 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS A. 21 51 Avenue South Grid Road (South 31Slh Street to South 320th Street) - Project Acceptance and Retainage Release B. Sterling Woods Preliminary Plat C. South 30Sth Street Stormwater Facility Modification Project - 30% Design Status Report D. 26th Avenue SW Drainage Replacement Project - 100% Design Status Report & Request Approval to Bid E. Annexation Interlocal Agreement F. Graffiti Ordinance G. Planned Action Ordinance Amendment H. Amendment to the Sound Transit Agreement 1. Planning Commission Work Plan 5. FUTURE MEETINGS/AGENDA ITEMS 6. ADJOURN Committee Members Jack Dovey. Chair Eric Faison Dean McColgan G:\LUTClLUTC Agendas ami Summaries 2007\03-12-07 LUTe Agemla.doc City Hall Council Chambers Action 5 min/Mulkey Action 5 minlBergsagel Action 5 minlBucich Action 5 minlBucich Action 5 mini Conlen Action 10 minlRichardson Action 5 min/Doherty Action 20 min/Doherty Action 20 min/McClung City Staff Cary M. Roe. P.E., Public Works Director Tina Piety, Administrative Assistant 253-835-260 , City of Federal Way City Council Land Use/Transportation Committee February 26, 2007 5:30 pm City Hall City Council Chambers MEETING MINUTES In attendance: Committee Chair Jack Dovey and Committee Member Eric Faison, Committee Member Dean McColgan was excused; Council Member Linda Kochmar and Council Member Jeanne Burbidge; Public Works Director Cary Roe; Traffic Engineer Rick Perez; Street Systems Manager Marwan Salloum; Street Systems Engineer John Mulkey; Community Development Services Deputy Director Greg Fewins; Senior Planner Deb Barker; Assistant City Attorney Amy Jo Pearsall; Administrative AssIstant II Tina Piety 1. CALL TO ORDER Chairman Dovey called the meeting to order at 5:32 p.m. 2. APPROVAL OF MINUTES The February 5, 2007, minutes were approved. Moved: Faison Seconded: Dovey Passed: Unanimously " 3. PUBLIC COMMENT None 4. BUSINESS ITEMS A. Mirror Estates Preliminary Plat Deb Barker provided the background information on this item. There was no discussion Moved: Faison Seconded: Dovey Passed: Unanimously Committee PASSED Option 1 on to the March 6, 2007, City Council Consent Agenda for approval. B. Regional Solid Waste Planning - Governance Issues Rick Perez provided the background information on this item. There was no discussion. Moved: Dovey Seconded: Faison Passed: Unanimously Committee PASSED Option 1 on to the March 6, 2007, City Council Consent Agenda for approval. C. Amendment to the Sound Transit Agreement John Mulkey provided the background information on this item. Council Member Kochmar asked why the fees are separated, is there a reason they are not all part of the engineer's estimate? Mr. Mulkey replied they are separated because the engineer's estimate is just for the construction cost. Council Member Kochmar asked why all three bids were about $40,000 over the city's estimated funding amount. Mr. Mulkey explained that prices increased more than the city's anticipated price increases. In addition, there is more construction in the area and therefore, more competition for material and thereby, higher prices. Moved: Faison Seconded: Dovey Passed: Unanimously Committee PASSED Option 1 on to the March 6, 2007, City Council Consent Agenda for approval. 5. FUTURE MEETING The next meeting is March 12 2007. 6. ADJOURN The meeting adjourned at 5:45 p.rn. G:\LUTC\LUTC Agendas and Summaries 2001\02-26-01 LUTC Minutes.doc COUNCIL MEETING DATE: March 20, 2007 ITEM #:_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 21 51 Avenue South Grid Road (S 3181h Street to S 320lh Street) - Project Acceptance and Retainage Release POLICY QUESTION: Should the Council accept the 21 51 Avenue South Grid Road (S 3l81h Street to S 320lh Street) Project constructed by R. W. Scott Construction Co. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 12,2007 CATEGORY: 1ZI Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other _~_!~!.!_I!~!,Q_~T_!l..~:...I~~.M.L:1!~~x?J?-.:~:'.~.!!~_e.l~Y.~t.~m~!'!..l?j~~.!.~!.!gi_~_~~~_ Attachments: LUTC memo dated March 12th, 2007 Options Considered: 1. Authorize final acceptance of the 21 51 Avenue South Grid Road (S 318th Street to S 320lh Street) Project constructed by R. W. Scott Construction Co., in the amount of $692,223.28 as complete. DEPT: Public Works 2. Do not authorize final acceptance of the completed 21 51 Avenue South Grid Road (S 3181h Street to S 320lh Street) Project constructed by R. W. Scott Construction Co. as complete and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 above to the March 20,2007 Council consent Agenda for approval. . CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ Council Committee Council COMMITTEE RECOMMENDATION: Place Option I on the March 20,2007 Council Consent Agenda for approval. Jack Dovey, Chair Eric Faison, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: "] move approval of acceptance of the 21" Avenue South Grid Road (S 318'h Street to S 320'h Street) Project constructed by R. W. Scott Construction Co., in the amount of $692,223.28 as complete. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDJDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: March 12, 2007 Land Use and Transportation Committee Neal Beats, City Manager John Mulkey, P.E., Street Systems Project Engineer '5D--W\. 21st Avenue S Grid Road (S 31Slh Street to S 320lh Street) - Project Acceptance and Retainage Release BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above-referenced contract with R. W. Scott Construction Co. is complete. The final construction contract amount is $692,223.28. This is $69,923.72 below the $762,147.00 (including contingency) budget that was approved by the City Council on May 2, 2006. Staff will be present at the March 1201 Land Use & Transportation meeting to answer any questions the Committee might have. k:\Jutc\2007\OI-22-07 21" Ave S Grid Road- Project acceptance.doc cc: Projecl File :f; ,; , '"t; COUNCIL MEETING DATE: Ma'rch 20,2007 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Sterling Woods Preliminary Plat, File No. 05-104l93-00-SU POLICY QUESTION: Shall the proposed ten-lot Sterling Woods Preliminary Plat be approved? COMMITTEE: Land Use & Transportation Committee MEETING DATE: March 12,2007 CATEGORY: [gJ Consent D City Council Business D D D Ordinance [gJ Resolution Public Hearing Other ,~!~_I.:':,~g~:I.'.Q~!_ By: Andy Berg~g~~_~~_~~~i~!~_~!~!l!le~__m___,_,____.._m__,_,_ DEPT: Community Development Attachments: Report and Recommendation by the Federal Way Deputy Hearing Examiner, Mark E. Hurdelbrink, dated March 5,2007; Staff Report; Preliminary Plat Map; Draft Resolution. Note: A binder with the Staff Report to the Hearing Examiner, with exhibits, is available in the City Council Room. Options Considered: [See FWCC S 20-127] I. Adopt the recominendation. 2. Reject the recommendation. 3. Remand the preliminary plat back to the Hearing Examiner 4. Adopt new recommendations and require or approve a minor modification to the preliminary plat. Decisional Criteria: Pursuant to FWCC Section 20-127, the scope of the City Council review is limited to the record of the Hearing Examiner public hearing; oral comments received at the public meeting (provided these do not raise new issues or information not contained in the Examiner's record); and the Examiner's report. These materials shall be reviewed for compliance with decisional criteria set forth in FWCC Section 20-l26(c). Findings and conclusions that the application is consistent with the decisional criteria are set forth in the Hearing Examiner's report and recommendation. The City Council may receive new information not in the record pursuant to FWCC Section 20-127(b). STAFF RECOMMENDATION: Approval, based on the findings and conclusions of the Federal Way Hearing Examiner. CITY MANAGER ApPROVAL: Council DIRECTOR ApPROVAL: ~ Committee Council COMMITTEE RECOMMENDATION: I move that the Land Use and Transportation Committee forward to the City Council, and place on the March 20. 2007. City Council consent agenda, a recommendation approving the Sterling Woods Preliminary Plat Resolution. . Jack Dovey, Chair Dean McColgan, Member Eric Faison, Member PROPOSED COUNCIL MOTION: "J move approval of Sterling Woods Preliminmy Plat" (BELOW TO BE COMPLETED BY CITY CLERKS OFF/CE) COUNCIL ACTION: 0" APPROVED o DENIED o T ABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL #I 1 ST reading Enactment reading ORDINANCE #I RESOLUTION #I f . .\I " ~ CITYOF .. ~~;, Federal VVay Page - 1 CITY HALL 33325 8th Avenue South · PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com ... SUBMITTED MAR. 0 6 ZOO? CITY OF FEDERAL WAY BUilDING DEPT. March 5, 2007 Mukesh K. "Mike" Makker and Makhan Singh 12505 Bel-Red Road, #212 Bellevue, WA 98005 RE: Sterling Woods Preliminary Plat FW#05-104193-00-SU Related File No.: 05-:104199-00-SE7 Dear Applicant: Enclosed please find the Report and Recommendation of the City of Federal Way Hearing Examiner relating to the above-entitled case. Very truly yours, ~~ MARK E. HURDELBRINK DEPUTY HEARING EXAMINER MEH/dd cc: All parties of record City of Federal Way 1 '\ Page - 2 CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER .','j IN THE MATTER OF: ) ) ) ) ) ) FWHE# FW# 05-104193-00-SU Related File # 05-1 04199-00-SE STERLING WOODS PRELIMINARY PLAT I. SUMMARY OF APPLICATION The applicant requests preliminary plat approval to allow subdivision of a 4.71-acre lot into ten single-:family residential lots. The project includes storm drainage facilities and utility improvements, as well as construction of a cul-de-sac road to be known as SW 362nd Place. The applicant is choosing to make a payment in lieu of providing open space. The site is partially wooded and partially developed with a single-family house and fields. Street 'improvements water, sewer, utilities, storm drainage control improvements, and other related infrastructure improvements will be installed to serve the plat. II. PROCEDURAL INFORMATION .,.:\ Hearing Date: Decision Date: February 12, 2007 March 2,~p07 At the heari'ng the following presented testimony and evidence: ' 1. Andy Bergsagel, Associate Planner, City of Federal Way 2. Nancy Rodgers, Attorney for the applicant At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. ' Staff Report with all attachments 2. Power Point Presentation 3. February 9, 2007 letter 4. Response to February 9, 2007 letter I Page - 3 m. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, viewed the site and taken this matter under advisement. 2. The Community Development Staff Report sets forth general findings, applicable policies and pro\{isions in this matter and is hereby marked as Exhibit "1 II with attachments and hereby incorporated in its entirety by this reference. 3. All property owners and occupants within 300 feet of the site were mailed notice of the complete preliminary plat application. Tpe site was also posted and notice published in the newspaper and on the Citis official notice board. No written comments were received during the comment period. 4.A Determination of Nonsignificance was issued bY the City of Federal Way for the proposed action on July 22, 2006. This determination concluded that the proposal would not result in probable significant adverse impacts on the environment. No comments or appeals on the SEPA decision were submitted to the City. 5. The applicant is proposing to develop a 4.71-acre parcel of property into ten. single-family residential lots. The project includes storm drainage facilities and utility improvements, as well as construction of a cul-de-sac road which will be accessed from 6lh Avenue SW. A portion of the parcel is currently developed with a single-family home. The remaining portions are unimproved. The site is generally flat and is partially wooded. The southwest corner of the site is withiri a 100-foot buffer of a Category II wetland located offsite. No improvements will be made within the buffer area. 6. The subject property is designated Single Family Medium Density according to the 2003 Federal Way Comprehensive Plan. The specific zoning is RS-15.0, which requires a minimum lot size of 15,000 square feet. All of the lots satisfy the minimum lot size requirements. 7. This proposal is subject to the subdivision design criteria set forth in Federal Way City Code (FWCC) Sections 20.151 through 20.157. Findings on each of the applicable criteria are hereby made as follows: Page - 4 , A. FWCC 20.151 specifies design standards relating to streets and roads. This plat is going to serve ten residential lots. A public c,ul-de-sac road, less than 600-feet, will be accessed off of 6th Avenue SW. A cul-de-sac is acceptable because there is no way to connect this street with an adjacent street. The site distance issue has been reviewed by the Public Works Traffic Division as shown in Exhibit 14. No site distance problems exist. B. FWCC 20.152 specifies lot design requirements. There are ample dimensions on the lots to'provide for regularly shaped building areas. Setback requirements within the RS zones require a front yard setback of 20-feet, a side yard setback of 5-feet and a rear yard set back of 5-feet. These requirements are satisfied. All lots will abut the proposed cul-de- sac road. All lots are designed to provide adequate access for emergency apparatus. , , C. FWCC 20.153 outlines density criteria for subdivisions. This subdivision meets the minimum density because there are no proposed lots less in size than the minimum required. Therefore, all density and minimum lot size requirements are satisfied. D. FWCC 20.155 relates to open space and recreational design requirements. All residential subdivisions are required to provide 15 percent of the gross land area of the site for open space. A fee-in-lieu payment may be made to satisfy this open space requirement. This applicailt has elected to pay a fee rather than dedicate land to open space. A specific condition of approval ensures that this fee-in-lieu payment will be pto'perly calculated. E. FWCC 20.156 relates to pedestrian and bicycle access. There is no pedestrian access connections from this plat to other plats other than along 6th Avenue SW. Sidewalks are proposed to be constructed along 6th Avenue SW. This is a fairly small subdivision and surrounding properties are privately held; thus requiring pedestrian or bicycle access other than along the 6th Avenue SW isn't necessary. 8. All proposed subdivisions are also required to make certain improvements as outlined in FWCC Sections 20.176 through 20.187. Findings on whether the proposed improvements satisfy the applicable requirements are hereby made as follows: .' Page - 5 A. FWCC 20-176 outlines street improvements that are required. The proposed cul-de-sac road will be public as required. . B. FWCC 20-177 mandates that the applicable density requirements be satisfied. As noted above, they are satisfied. C. FWCC 20-179 discusses vegetation retention. It is the policy of the City of Fed~ral Way to not support mass clearing and grading of proposed plats. Initially, the applicant requested that this be allowed, but revised drawings indicate that there will be vegetation retained. There are 27 significant trees on site. The applicant is only proposing to remove two (2) of these trees. The significant trees located on private lots are subject to other regulations. . D. FWCC 20-180 relates to streets and right-of-ways. All streets are subject to the specific design criteria. The cul-de-sac road is required to consist of 28 feet of payment within a 52 foot right-of-way. Cul-de-sac dimension requirements also have to be satisfied. The traffic impacts will be very limited because of the small number of lots proposed. No traffic impact analysis is required because fewer than 10 PM peak hour trips will result from the development. E. FWCC 20-181 specifies that the subdivision shall be served by a water system designated and constructed to the specification of the Lakehaven Utility District or the City of Tacoma Public utilities. The Lakehaven Utility District is the water purveyor. . They have submitted a King County Certificate of Water Availability and found the plans acceptable. F. FWCC 20-182 relates to sewage disposal. The revised plans do meet the requirements of Lakeliaven Utility District. A King County Certificate of Sewer Availability has also been submitted as Exhibit No. 12. G. FWCC 20~ 183 specifies the storm drainage requirements. The plans submitted by the applicant have shown to satisfy requirements of the .1998 King County Surface Water Design Manual. H. FWCC 20-186 discusses landscape protection and enhancement. As noted above, the applicant has modified its proposal so that most of the significant trees will be retained. A landscape plan has b.een submitted Page - 6 and appears to be acceptable. I. FWCC 20-187 discusses survey control monuments. These requirements will have to be satisfied prior to final plat approval. 9. The Hearing Examiner's decisional criteria is outlined in FWCC 20-126 (c). The Examiner may only recommend approval to the plat to the City Council if each of these criteria are satisfied. Findings on each of these criteria are hereby made as follows: A. The proposed preliminary plat is consistent with the Comprehensive Plan. This site is located within the RS-15.0 zone, which is a residential zone requiring a minimum lot size of 15,000 square feet. This is the type of development that the Comprehensive Plan contemplated when designating this specific zone. . B. The proposed preliminary plat is consistent with all of the applicable provisions of the Code, including those adopted by reference from the Comprehensive Plan. A Determination of Nonsignificance was issued for this proposal. There will be no significant adverse affects as a result of this proposal. All other applicable provisions are satisfied. C. The proposed preliminary plat is consistent with the public health, safety, and welfare. Appropriate provisions have been made to ensure that the public health, safety, and welfare are furthered by this proposal. School impact fees will have to be paid pursuant to city code. There are also required fees to be paid in lieu of providing open space. There will be adequate water supplies, along with fire hydrants placed accordingto code to ensure that there is adequate fire protection services on site. D. The proposed preliminary plat is consistent with the design criteria listed in FWCC 20-2. As noted above, this plat will promote the health, safety, and general welfare. It does satisfy the mini.rnum lot size requirements. Adequate water supplies, sanitary sewer services, and drainage services will be provided. The cul-de-sac road will access all of the lots directly. The wetland buffer located on site will not be disturbed. .. Page - 7 E. As noted above, the development standards that are listed in Section 20-151 through 20-157 and 20-178 through 20-187 are satisfied by this proposal. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has shown that the request for preliminary plat approval is consistent with the Single Family Medium Density designation of the City of Federal Way Comprehensive Plan and meets all bulk requirements of the RS-15.0 zone classification of the FWCC. 3. The proposed preliminary plat makes appropriate provisions for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, fire protection, parks and recreation, playgrounds, schools and school grounds, and safe walking conditions. 4. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision and therefore should be approved. 5. Prior to approval of the final plat, the applicant must submit to the City of Federal Way the fee-in-lieu of open space, calculated on 15 percent of the accessed value of the property based on an assessment that is no more than one (1) year old at the time of final plat submittal. In the ab.sence of an assessment that is no more than one (1) year old at the time of the final plat submittal, the market value shall be based on an appraisal to be conducted by a MAl certified appraiser or another professional appraisal approved by the parks district. RECOMMENDA TION: It is hereby recommended to the Federal Way City Council that the request for preliminary plat approval of Sterling Woods should be granted. Page - 8 I>~; IJ.-. . DATEDTHIS ."/ . DA~O~ MARK E. HURDELBRINK Depu,ty Hearing Examiner -- hi.- TRANSMIJ~TED THIS J -- DAY OF M~rch, 2007, t~ the foll.owing: APPLICANT/OWNER: Mukesh K. "Mike" Makker and Makhan Singh 12505 - Bel-Red Road, #212 BeHevue, WA 98005 AGENT: Cramer NW, Inc. (Aleanna Kondelis) 945 North Central, #104 Kent, WA 98032 OTHERS: Nancy Rodgers 524 Second Ave., Suite 500 Seattle, WA 98104 Hans A. Korve 726 Auburn Way North Auburn, WA 98002 City of Federal Way c/o Laura Hathaway 33325 8th Avenue South Federal Way, WA 98063-9718 Page - 9 CITY COUNCIL REVIEW, ACTION Pursuant to Section 20-127, following receipt of the final report and recommendation of the hearing examiner, a date shall be set for a public meeting before the city council. The city council review of the preliminary plat application shall be limited to the record of the hearing before the hearing examiner, oral comments received during the public meeting (so long as those comme"nts do not raise new issues or information not conta"ined in the examiner's record) and the hearing examiner's written report. These materials shall be reviewed for compliance with decisional criteria set forth in section 20-126. The city council may receive new evidence or information not contained in the record of hearin"g before the hearing examiner, but only if that evidence or information: (i) relates to the validity of the hearing examiner's decision at the time it was made and the party offering the new evidence did not know and was under no duty to discover or could not reasonably have discovered the evidence until afterthe hearing examiner's decision; or (ii) the hearing examiner improperly excluded or omitted the evidence from the record. If the city council concludes, based on a challenge to the hearing examiner recommendation or its own review of the recommendation,that the record compiled by the hearing examiner is incomplete or not adequate to allow the city council to make a decision on the application, the city council may by motion remand the matter to the hearing examiner with the direction to reopen the hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the motion. After considering the recommendation of the hearing examiner, the city council may adopt or reject the hearing examiner's recommendations based on the record established at the public hearing. " If, after considering the matter at a public meeting, the city council deems a change in the hearing examiner's recommendation approving or disapproving the preliminary plat is necessary, the city council shall adopt its own recommendations and approve or disapprove the preliminary plat. As part of the final review, the city council may require or approve a minor modification to the preliminary plat if: (a) The cha[lge will not have the effect of increasing the residential density of the plat; (b) The change will not result in the relocation of any access point to an exterior street from the plat; (c) The change will not result in any loss of open space or buffering provided in the plat; and (d) The city determines that the change will not increase any adverse impacts or undesirable effects of the project and that the change does not significantly alter the project. . ~.. ~'..."'..'.\..' . . ~. . . '. . '. -. ". ~~ C.ITY OF~: I::e'....d. e.....;:r.~~ 'W""" "r~y.. rJ.......... ,..,~ :Q:~ \'l,...~.a\~. . . . DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT TO THE HEARING EXAMINER STERLING WOODS PRELIMINARY PLAT . Federal Way File No. 05-1 04193-00-SU (preliminary Plat) SEPA File No. 05-104199-00-SE PUBLIC HEARING . Council Chambers, Federal Way City Hall . 33325 8th Avenue South 2 p.m., February 12, 2007 Report Prepared by: Andy Bergsagel, Associate Planner · . January 12, 2007 . File No: Project Location: Applicant/Owners: Agent: Action Requ.ested: Staff Representative: Staff Recommendation: 05-1 04193,-SU (Preliminary Plat) 05-104199-SE(SEP A) 36205 6th Avenue SW, Federal Way Mukesh K."Mike" Makker and Makhan Singh 12505 Bel-Red RO!ld, #212 Bellevue, W A 98005 CramerNW, Inc. (Aleanna Kondelis) 945 North Central, #104 Kent, W A 98032 . Preliminary. plat to subdivide a 4.71-acre lot into ten residential lots, as provided for under Federal WayCity Code (FWCC) Chapter 20, "Subdivisions." Associate Planner Andy Betgsagel, 253-835-2644 Preliminary Plat Approval TABLE OF CONTENTS . General.........,. ......................... ..................... ............... ........ .;............ .:.~ ....... .......... ....... .......... ..... ... ...... .......... 1 Consulted Departments,' Agencies & Public ................. ........ ..... ...... ....... ....... .............;..... ..... .,. ........ ...... ....;. i State Environmental Policy Act ............ ..... ....... ......... ........... ....... ...... .., ..... :... ..... .................. .......... ....... ...... 2 Neighborhood Characteristics ........................ ...:...............................:.............................................................. 2 Na tural Environment............................,.............................. ......................................................................... 2 Subdivision Design (FWCC 20-151) .........................:......................................:.............,..............:............. 3 Lot Design (FWCC 20-152) ....................... .......... ............................ ....... ....... ........... ..... .......... .................... 4 Density (FWCC 20-153) ....... .....:.. ...... ....... ......... ..... ....... .... ......: ...... ................... ......... ..........:: .... ......... ......... 4 Open Space and Recreation (FWCC 20-155)...,................................,................................................:.......... 4 Pedestrian and Bicycle Access (FWCC 20-156) ........:.....................................,.................................:......... 4 Improvements Required (FwCC 20-176) .. .........: ............~............... ........... ........ ...... .......................,... ....;... 4 Density Regulations (FWCC 20-177) . ................ ........~ ....... ............. ............. ...... ........... ..... .......:....;.... ........ 5 . Landscape Buffers (FWCC 20-178( ..... .... ............ ................. ........... ........... .......... .......... ..... .'................... ......;. 5 Retention of Vegetation (Clearing and Grading) (FWCC 20-179) .............................................................. 5 Streets and Rights-of-Way (FWCC 20-180) ................................:.......... ..................................................... 5 Watei (FWCC 20-181)... ....: ........ ......... ........... ............................... ................. ......................... .... ....... ..... ..... 6 Sewage Disposal (FWCC 20-182) ........... ......... .................... ........... ................................ .... ......................... 6 Storm 'Drainage (FWCC 20-183) ... ..................... ................:......... :...................... ......... ....................... .......... 7 Landscaping Protection and Enhancement (FWCC 20-186)......................................................................... 7 Monuments (FWCC 20-187) ......... ........... ................. ...:.. ............... ................. ................. ..... ....................... 7 Pubiic Services ......... .,.. ...... .............................. .....;. ......... ................. ............................ .... ;.......... ........... ...... 7 Decisional Cnteria .......... ...... .,. ........... ........... ............ ......... ......... ...... ....... .............. ........ ... ... .......... ..... .... ... ... 8 Findings of Fact and Conclusions.. ......................:... .................:....................................... ............ ....... .......... 8 Recommendation ........ ........ ........................ ............ ........:.. ................. ........................................ .;. ........ ....,.. 10 Condi tion ..........................'...........................................................................:................................... ............ 10 List of Exhibits .... ......... ........ ..... ............... .... ......... ........... ............... ............... ......... ............. ..~.................... 10 <, . f GENERAL 1 ~ Project Description. Preliminary plat to subdivide a 4.71-acre lot into ten single-fanlily residential lots. The project includesstomi drainage, facilities and utility improvements, .as well as construction of a cul-de-sac road which will be accessed from 6th Avenue SW. The new road will be called"SW 362M Place. The applicant is choosing to make a payment in lieu of providing open Space. The site is partially wooded and partially developed with a single-family house 'and fields. ,Street improvements, water, sewer, utilities, storm drainage control improvements~ and other related infrastructure improvements will be instal~ed to service the plat., . ' Enclosed are the following drawings: . Sheet 1, Preliminary Plat, by DBM, November 30, 2006 . ,'Sheet 2, Preliminary TESCP & Demolition Plan, by OHM, November 30, 2006 . Sheet 3, Preliminary Grading Plan, by DBM, November 30, 2006 ' . Sheet 4, Preliminary Utility Plan, by DBM, November 30, 2006. (The combined 4-sheet plan set ' byDBM shaH be considered Exhibit 1.) . Landscape Plan (Sheet L-l), by GHA Landscape Architects' (Neil Buchanan.), December 1, 2006 , (Exhibit 2), . . Survey (two sheets), by Cramer Northwest, Inc., August 15,2005 (Exhibit 3) 2. Location. 36205 6th Avenue SW, Federal Way. Refer to the Zoning and Vicinity Map (Exhibit 4) and the Aerial Photography (Exhibit 5). ' 3. Parcel No. 302104-9045. (A legal description is on the plat map.) 4. Size of Property. The subject site currently has a land area of205,167 square feet (4.71 acres). 5. Land Use and Zoning: Subject Site: ' To the North: To the South: To the East: To the West: Zoning RS-15.0 RS-15.0 RS-15.0 RS-15.0 RS-9.6 Comprehensive Plan Single-Family MediUm Density Single-Family Medium Density Single-Family Medium Density Single-Family Medium Density Single-Family 'High Density Existing Land Use Single-Family' :Residential Single~F.amily Residential Single-Family Residential Single-Family Residential ,Single-Family Residential 6. Project Review Timeline: 04/14/2005 08/18/2005 09/15/2005 09/22/2005 09/29/2005 10/26/2005 11/08/2005 '11115/2005 11/19/2005 Pre application Meeting Application Received Letter of Incomplete Application Resubmittal , Resubmittal Second Letter of Incomplete Application Resubmittal , Application Detennined to Be Complete Notice of Application File No. 05-1 041 93-SU/Doc. J.D. 37883 Page I Staff Report to the Hearing Examiner ' Sterling Woods Preliminary Plat 01/17/2006 02/21/2006. 04/24/2006 07/22/2006 10/11/2006 12/05/2006 Resubmittal Resubrnittal Resu bnii ttai SEPA Determination of Non significance (DNS) Resubmittal Resubmittal CONSULTED DEPARTMENTS, AGENCIES & PUBLlC . The following depcmrilents, agencies, and individuals were advised of this application. 1. . Community Development Review Committee (CDRC), consisting of the Federal Way Commu~ity Development Services Planning and Building DiVisions; Public Works Development Services and Traffic .Divisions; Parks, Recreation,atld Cultural Resources Department; Deparbnent of Public Safety (police); South King fire Department (formally Federal Way Fire Department); Lakehaven Utility District; and Federal Way Public Schools. CDRC comments have been incorporated into this report where applicable. . . . 2. All propertY owners and occupants within 300 feet of the site were mailed notices ofthe complete preliminary plat application (Exhibit 8). The site was also posted and notice published in the . newspaper and on the City's official notice boards. No written comments were received during the comment period. 3. In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18, "Environmental Protection," all property owners and occupants within 300 feet of the site, and all affected agencies, were notified of the proposed action and the City's environmental decision. In . addition, the site was posted and notice placed in the newspaper and on the City's official notice boards. No comments were received during t~e comment period. STATE ENVIRONMENTAL POLlCY ACT . An environmental "Determination of Non significance" (DNS) was issued by the City of FederaJ Way for tl1e proposed action on July 22,2006 (Exhibit 9). This determination was based on review of-information in the project file, including the annot~ted environmental checklist; resubmitted February 21, 2006 (Exhibit 10), resulting in the conClusion th.at the proposal would not restilt in probable significant adverse impacts on the environment. . .No ~omments .or appeals on the SEPA decision were submitted to the City. NEIGHBORHOOD CHARACTERISTICS The property is located south ofSW 3561h Street, on 6th Avenue South, in a single-family residential area, which is. partially developed with new subdivisions and partially developed with homes on larger lots. The SiIverwood Subdivision abuts the site on the west, and the Rosewood Lane Subdivision abuts the property on the north. NATURAL ENVIRONMENT . . 1. Soils. The site contains Alderwood GraveJly Sandy Loam. A geotechnical report was not required for critical area review, since the site contains no geotechnically hazardous areas. Up to 6,000 cubic yards offill will be needed on the.project, which will be imported from another site or local plant, per the SEPA checklist. Soils will be excavated during the construction ofthe street "and on-site StafrReport to the Hearing Examiner Sterling Woods Preliminary Plat . FileNo. 05-104193-SUIDoc.I.D. 37883 Page 2 water quality treatment facilities, and during installation of utilities. l11'e preliminary clearing and gradihg plan depicts clearing limits for' construction of the aforementioned items. 2. Topography. The site is almosUlat, ranging from 3.96 to 408 feet.above sea level. The stormwater will mostly drain eastward to the proposed stormwater pond along 6th Avenue SW. However, a small portion of the site~ along the western three parcels, slopes toward the west. . . 3: CritiCal Areas. The City of Federal Way Environmentally Critical Areas Map does not indicate any critical areas on the site. However, a small portion of the proposed lot on the .southwest comer is. . within the 100-foot buffer of a C'ategory II wetland, which i~ off-site, in the plat ofSilverwood. The buffer has been delineated on the plat map. A letter from Jeffery S. Jones, Wetland Scientist, regarding the location of the boundary of the off-site wetland, dated October 12, "2005, was submitted (Exlllbit .15). 4. Vegetation. The site is partially wooded. "Significant trees," as defined in FWCC Chapter 22, are shown on the TESC plan (Sheet 2) and the Landscape Plan (SheetL-l). According to the landscape plan, there are a total of 27 significant trees on the subject property, many of which are in the . southwest comer ofthe property, and can be retained during the development ~fthe plat' infrastructure. For specifics, refer to the "Landscaping and Sigriificant Trees" section below. 5. Wildlife and Habitat: No wildlife species recognized as priority species are known to. inhabit the site . . or the vicinity. However, songbirds; squirrels, and other ,wildlife will likely use the significant trees that are to remain. . . . SUBDIVISION DESIGN (FWCC 20-151) . In the following analysis, pertinent text of the code is provided in iialics, with a: staff response following. I. Subdivisions should be designed so that traffic is distributed ina logical manner toward a collector street system, to avoid intrusion and over-burdening of residential streets, and to connect with planned or existing streets. The traffic will be distributed in a logical manner (as shown on the preliminary plat map). A cul.de-sac is acceptable in this case, because the site to the west has already been developeq, and there is no way to connect a street to it through the subject site: 2. Streets should be coordinated with existing intersections to avoid offtettingnew inierse.ctions, and. should intersect at a 90-degree angle plus or minus J 5' degrees. There is no i~tersection to align with, in this case. . 3. No street, or combination of streets, shall function as a .cul-de-sac longer than 600 feet. The cul-de- sac street is less than 600 feet long and, therefore, meets the criteria for such a street. '4. Block perimeters should be no longer than J ,320 feet for non-motorized access, and 2,640 feet for streets. The site is surrounded on three sides by privately held, developed land, which is not conducive to pedestrian connections. Therefore, the standard is not applicable. 5. Subdivisions on steep slopes should be designed so that streets are constructed generally parallel, . rather than perpendicular, to the slope. The site does not .contain slopes that will affect street layout. . 6. Streets should be designed in conformance with adopted standards for sight distance at intersections, as prescribed in FWCC 22-1151 et seq. The n~w street is designed in conformance with adopted standards for sight distance at intersections, as evidenced by the sight distance analysis which was submitted and reviewed by the 'Public Works Traffic Division (Exhibit 14).' Staff Report to the Hearing Examiner Sterling Woods Preliminary Pial File No. 05.] 04] 9~-SUJDoc. ].0.37883 Page 3 LOT DESIGN (FWCC 20,.152) 1. All lots should be of ample dimensions to provide a regUlar shaped building area which meets required setbacks. The proposal meets the criteria. The setback lines have been shown on Sheet I. The zoning chart for "detached 'dwelling units" in. the RS zones requires a front setback of 20 feet, a side setback of 5 feet, and a rear setback of 5 feet [FWCC 22-631]. , 2. All lots shall be designed to provide 'access for emergency apparatus. The proposal meets the criteria. ' 3. All lots should be designed to take advantage of topographic and naturalfeatures,.vieworientation an.d privacy. The site does not pose significant concerns in'terms of topography, naturalJeatures, view orientation, or privacy. 4. Except in a cluster subdivision, all lots should abut ti pub./ic street right-of-way. Residential lots should not have access onto qrterial streets. The proposal shows that all lots will abut the new cul- de-sac,road. It will be dedicated to the public "and will not be an arterial. DENSITY (FWCC 20-153) 1. All lots in conventional subdivisions shall meeUhe density and minimum lot site requirements' 'of Chapter 22 FWCC. Calculation of density in subdivisions shall not include streets or vehicle access easements. The site meets the miniinum density of 15,000 square feet per lot. Therefore, all lots are of the minimum size for,the zone, as dictated by the RS zoning chart for "detached dwelling unit" in FWCC 22-631. 2. The site is not considered a "cluster subdivision." OPEN SPACE AND RECREATlON (FWCC 20-155) , All residential subdivisions shall be required to provide open space in the amount of 15 percent of the gross land area of the subdivision site; except for subdivisions created undE;r FWCC 20-154, a fee-in-lieu payment may be made to satisfy open space requirements at the discreiion of the parks director after conSideration of ihe city's overall park plan, quality, location, and service area of the open space that ' would othe.rwise be provi4ed within the project. Thefee-in-lieu of open space shall. be calculated on 15 percent-of the mos.t recent assessed value of the property. The appljcant does not show open space on the site plan and proposes fee-in-lieu of open space. The Parks Director approves and prefers the fee-in-lieu of open space for this application. As a condition ofapproval of this application, prior to approval of the . ' 'final plat, the applicant must submit to the City of Federal Way the fee-in-lieu of open space, calculated on 'IS percent 'of the most'recent assessed value of the property at the time of final plat. ' PEDESTRIAN' AND BICYCLE ACCESS (FWCC 20-156) The site is surroun~ed on three sides by, privately held, developed land, which is not conducive to pedestrian connections; therefore, no special pedestrian or bicycle paths are ,warranted: A sidewalk wi]] be provided along the' front of all of the lots. IMPROVEMENTS REQUIRED (FWCC 20-176) Street improvements, and the dedication of rights-of-way and/or easements, shall be required in accordance with FWCC 22-1471 et seq., regarding requir.ed improvements to rights-of-way and vehicular access easements. If a plat is subject to a dedication; dedication language shall be included on the face of the plat.... The new cul-de-Sac street shall be dedicated. The required language shall be ' included on the final plat. ' StafTReport to the Hearing Examiner Sterling Woods Preliminary Plat File No. 05-104193-SUIDoc. J.D. 37883 Page 4 DENSITY REGULATIONS (FWCC 20-177) Density or parcel size, setbacks and buffers shall be in accordance with Chapter i2 FWCC, "Zoning." As mentioned above, the proposal ~eets this requirement. LANDSCAPE BUFFERS (FWCC 20-178) Subdivision design should provide a ten-foot-wide Type III landscape strip along a/1 arterial streets to shield new residences from arterial streets. See' FWCC 22,.. J 5 65 (c). Said landscape strip shall be provided in a separate tract to be owned and maintained by the homeowners' association. The site is along. 6th Avenue SW, which is not designated as an arterial at this location. Therefore, the landscape buffer along , ' the main road is not required. For other landscaping and significant tree issues, refer to the "Landscaping Prote.ction and Enhancement" section below. ' ' RETENTION OF VEGETATION (CLEARlNG AND GRADING) (FWCC 20-179) (a) All natural vegetation sha/1 be retained on the site to be subdivided except that which will be removed for impr.ovements or grading as shown on. approved engineering plans. A preliminary clearing and grading plan shall be submitted as part of preliminary plat applicatlon. . (b) Existing mature vegetation shall be retained to the maximum extent possible. Preservation of significant trees pursuant to FWCC 22-1568 sha/1 apply solely to the development of each single- family lot. at the time a building permit is applied for. In general, the FWCC does not support mass clearing and grading ora proposed plat unless there are unusual site conditions and/or existing topographical conditions that support extensive site grading at the time of infrastructure development. In the superseded set of plans dated January 12,2006 (received January 17, 2006), the "Preliminary TESCP & Demolition Plan" (Sheet 2) showed clearing limits and a . protective fence that corresponded to the property line, with the exception of the small wedge-shaped wetland buffer area in the southwest comer. That plan showed clearing limits for most of the site and no protection for the trees, yet there was no overriding reason, such as steep topography which would have ' justified this. Th,e applicant was asked to revise the plans to show reduced clearing limits. The applicant revised and resubmitted drawings (Exhibits 1 and 2); which the planning division has found to be acceptable. The landscape plan shows many trees on the site, 27 of which are considered to be "significant trees." Some of the trees are not considered significant because they are alder or maple. The applicant proposes to remove only two 'of these significant trees, as shown on Sheet 2, as part of the clearing and grading. As mentioned above, significant trees located outside of the clearing limits (on the new private lots) would be regulated under FWCC Section 22-1568, "Significant Trees," at the time of each building pennit application. Pursuant to FWCC Section 22-1568, twenty-five percent of the significant trees must be saved or replaced at that time. . . ' STREETS AND RIGHTS-OF- WAY (FWCC 20-180) (a) All streets within an approved subdivision shall be within a dedicated public right-ol-way. Private. . tracts'may be used in short subdivisions and cluster subdivisions using cross-section type "Y", as described in FWCC 22-1528. " (b) All streets within the public rights-ol-way shall be improved to the standards specified. in FWCC 22- J 471 et seq.. regarding reqf,lired improvements to rights-ol-way and vehicular access easements and tracts. g: StaffRe'port to tbe Hearing Examiner Sterling Woods Preliminary Plat File No. OS.104J93.SU/Doc.I.D. 37883 Page 5 (c). All streets abutting the subdivision or short subdivision shall be improved in accordance with FWCC 22-147.1 et seq., regarding required improvements to rights-ofway and vehicular access easements. (d) All traffic control devices within the subdivisi~n or short subdivision shall be provided by the developer as required by the director of public works. (e) Stree.tsshall be provided .to develop a street network with a block perimeter of no greater than 2,640 feet, as measured on center/lnes. This requirement may be modified if connections cannot be made due to: (1) Topographical constraints. . (2) Environmentally sensitive areas. (3) Adjacent development is not being conducive. . (j) Additionql off-site street and traffic control improvements may be required to mitigate impaCts resultingfrom the.subdivision or shwt subdivision. The plans have been reviewed by the Public Works Department to ensure consistency with these regulations. 1. Road specifics. the plans show the following improvements: Sixih Avenue SWis designated as a Type S street, consisting of36 feet of pavement, within a 60~foot right-of-way (to include curb, gutter, fOUl'-:-foot-wide planter strip With trees, five-foot sidewalk, and streetlights). The half-street improvements shall be from street centerline. Assuming a symmetrical cross section, no additional right-of-way will need to be dedicated to the City. The proposed neW road within the plat (SW 3620d Place) will be a Type W cross section, consisting of28 feet of pavement, within 52 feet of right-of-way (to includ~.curb, gutter, sidewalks, street trees, and streetlights). The cul-de~sac shan be 106 feet wide, with an optional planter in the middle. This street and <;ul-de-sac shlill.be dedicated to the City as right-of-way. 2. Block perimeter. The block perimeter requirement does not apply, since the site is surrounded on three sides by adjacent development which is not conducive to a street network or pedestrian connection. 3. Off-Site Traffic Mitigation. The preapplication proposal was for twelve 10ts..Then, the original application was for. eleven lots, but the number of lots w~s subsequently reduced to ten. A subdivision which produces fewer than 1O.PM peak hour trips does not require a Traffic Impact Analysis (TIA) for.traffic mitigation. Consequently, as mentioned above, the Director issued a DNS, pursuant to the State Environmental Policy Act. . WATER (FWCC 20~181) All/ots in a subdivision or short subdivision shall be served by a water ~ystem designed and constructed to the specifications of the Lakehaven utility district or city of Tacoma public utilities department or any other appropriate district. Lakehaven Utility District (LUD) is the water purveyor. LUD has reviewed.the preliminary plat and found it to be acceptable. A water-line easement extends from the cul-de-sac to the west. The final plat drawings. must include. Lakehaven Utility District's standard easement language. The applicant submitted a King County Certificate of Water Availability (Exhibiti 1). . SEWAGE DISPOSAL (FWCC 20-182) Wherever feasIble, all lots .in subdivisions and short subdivisions shall be connected to a sanitary sewer system designed and constructed to the specijicf,ltions of the LakehavenutiUty district or other Staff Report to the Hearing Examiner Sterling Woods Preliminary Plat . Fiie No. 05-J04193-SUlDoc. J.D. 37883 Page 6 appro.priate district. Not until the latestresubmittal did the plans meet the requirements of Lakehaven UtilitY District. The plans now show two sewer line easements'. The applicant submitted a King County Certificate of Sewer Availability (Exhibit 12). . STORl\J DRAINAGE (FWCC 20-183) All Subdivisio.ns ahd sho.rt subdivisio.ns shall be pro.vided with an adequate sto.rm" drainage system designed and co.nstructed in acco.rdance with the surface water management requirements in FWCC 21-. 26 et seq., and the sto.rm and surface water utility requirements in FWCC 16-76 et seq. In addition to the plans~ the applicant submitted a prelimin!lfY Technical Information Report.(TIR), entitled "Level I Downstream Analysis for Sterling Woods Subdivision," prepared by.DBM Consulting Engineers, dated April 21;2006 (recejved April 24, 2006) (Exhibit 13). Public Works staff have reviewed the proposal and found it to be in compliance with the storm and suiface water requirements. As shoWn in. the TIR and . plans, the requirements of the 1998 K{ng Co.untyS~rface Water Design Manual (KCSWDM) will be met. Final review and . approval of the storm drainage facilities will occur as part of the Final plat process. LANDSCAPING PROTECTION AND ENHANCEMENT (FWCC 20,..186) (a) A landscape plan prepared by a /icensed-landscape architect shall be submitted with each . subdivisio.n.or sho.rt subdivisio.n applicatio.n. The plan shall identify existing wo.o.ded areas, significant trees, meado.ws, ro.ck o.utcro.ppings, and o.ther landscape featureS. Th~ plan shall also. sho.w pro.po.sed buffers, o.pen spaces,. street trees; and other o.rnamentallandscaping. (b) . Significant trees, as defined in Chapter 22 FWCC, Zo.ning, shall be identified, except fo.r tho.se to. be remo.ved in areas to. be impro.ved Dr graded as sho.wn 0.1'1 the preliminary plat. During constructio.n o.f subdivisio.n impro.vements andpermitting o.f single-family residences, pro.tectio.n techniques, as required in Chapter 22 FWCC, Zo.ning, shall be used to. pro.tect the identified trees fro.m harm Dr destruction, and to. resto.re trees damaged o.ddst. Significant trees to. be preserved shall be visibly marked by flagging. . The significant trees have been shoWn on the Preliminary TESCPlan and the Landscape Plan. Significant tree prote~tion measures have been noted on the Landscape.Plan. A strip oflandscaping (vegetative screen) is also shown around the stormwater facility. MONUMENTS (FWCC 20-187) . Permanimt survey co.ntro.l mo.numentsshallbe pro.vided fo.r all final plats and sho.rt plats. .. The monuments will be dealt with at the Final Plat stage. .PUBLIC SERVICES 1. Scho.o.ls. The application was routed to Geri Walker.at the Federal Way School District on June 30, 2005. The September 22,2005, resubmittal package was also routed to her. The staff planner received no comments from the school district on this proposal. . School impact fees, as authorized by City ordinance, are collected at the time. the building permH is issued. School impact fees are determined on the basis of the district's Capital Facilitie.s.Plan and are subject to annual adjustment and update. 2. Public Parks. Refer to the analysis of open space requirements above. The Director of Parks has. determined that a fee in lieu of open space on site is preferable for this proposal. . Staff Report to the Hearing Examiner S~erling Woods Preliminary Plat File No. 05-1 04193~SUID0c. 1.0. 37883 Page 7 3. Fire Protection. The proposal has been r.eviewed by South King Fire Department (previously known as the Federal Way Fire Department).. The King County Certificate of Water Availability, which was approved by the Lakehaven Utility District, indicates that water will be available to the site in sufficient quantity to satisfy fire flow standards for the proposed development. The Fire Deparbnent requires that a fire hydrant be located within 356 feet of each lot. The exact number and locatiori of fire hydrants win be reviewed and approved by the Fire ~epartrnenhs part of the final plat process. DECISIONAL CRITERIA The FWCC establishes review procedures and decisional criteria for deciding upon various types ofland use applications. Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-110, preliminary plat applications are submitted to the Hearing Examiner for public hearing. The preliminary plat application and ihe recomrnendation of the Hearing Examiner are submitted to the City Council for approval or disapproval. Pursuant to FWCC 20-l26(c), the Hearing Examiner may recommend approval ofthe proposed preliminary plat only if the following decisional.criteria are met. Decisional criteria and staff responses are provided b~low: 1. The project is consistent with the Comprehlms~ve Plan. The application is'subject to the adopted 2003 Federal Way Comprehensive Plan (FWCP), which designates the property as Single:-Farnily Medium Density. The proposed land use, Single-Family Residential plat, .with 15,000 square-foot minimum lot,size (RS-15.()), is consistent with density .allowances and poHcies applicable to this land use as established iri the FWCP. . . .2.. The project is consistent with all applicable provisions of the chapter, including those adopted by reference from the Comprehensive Plan. The preliminary plat application is required to comply with the provisions of the FWCC Chapter l8, "Environmental Policy," Chapter 20,"Subdivisio~s," Chapter 22, "Zoning," and all other applicable codes and regulations. Future development of the. residential subdivision win be required to comply with all applicable development codes and regulations. As conditioned, the proposed preliminary plat will comply with all provisions of the chapter. . . . . 3. The project is consistent with the public health, safety, and welfare. The plat will be consistent with public health~ safety,.and welfare. 4. It is consistent with the design criteria listed in Section 20-2. The plat will be consistent with the purposes identified in FWCC Section 20-2, including effective use of land, promotion of safe and convenient trayel on streets, and provi'sion. for the housing needs ofthe community. 5. II is consistent with the development standards lisled in Sections 20-151 through 157, and20-I78 through 187. The plat will be consistent with these development standards, as described in the analysis above. . . FJNDJNGSo~FACT AND CONCLUSIONS. Based on an analysis of the proposed action, environmental record, and related decisional criteria, the Department of Community Development Services finds as follows: 1. The proposed action is to subdivide a 4.71-acre lot into ten single-family residential lots. Staff Report to the Hearing Examiner Sterling Woods Preiiminary Plat . ~f File No. OS-I04193-SU/Doc. J.D. 37883 Page 8 2. The application (resubmittal) was deemed complete oil November 15,2005. The plat is subject to codes and policies in place on that date, inCluding the. 2003 Federal Way Comprehensive Plan (FWCP).' ' , 3. The subject property is designated Sing}e:-FamilyMedium-Density in the 2003 FWCP. 4. Zoning for the site is' RS-15.0 (minimum lot size 15,000 square feet). The proposed residential subdivision and density is consistent with applicable zoning and subdivision regulations. 5. A Notice of ~ppJication was issued on November 19,2005. No comments were received during the comment period. A Determination of Non significance (DNS) was issued for the proppsed action on July 22, 2006. No comments or appeals regarding, the DNS were received. 6. As proposed, each lot contains an adequate size and shape building envelope to contain a single- , family residence. Building setback lines are ideritified on the preliminary plat map. 7. No ,open space is proposed on site. Pursuant to FWCC Section 20-155, the applicant has proposed fee-in-lieu of on-si,te open space, which the Director of Parks finds to be acceptable. 8. No environmentally critical areas are known to be on the site" o~er than a small portion of buffer for an off-site wetland. The buffer has been delineated and will riot be affected by this proposal. 9. Significant tree retention and/or replacement shail,be provided in accordance with FWCC Section 20-179 and 22-1568. Tre'es that are left on individual lots following the construction of plat infrastructure may be removed during individual home cQnstruction, subject to tree retention and replacement standards ofFWCC Section 22-1568. 10. Areas where grading should be peTinitted are identified on the revised 'clearing and grading plan. The areas recommended for clearing and grading are th,e areas for rights-of-way and utilities, including the stoimwater detention facilities. . 'II. The applicant has shown the location of a landscape strip around the stormwater facility. Since 6th Avenue SW is not an arterial, no landscape tract IS required along it. 12. Development of the site wj]] createnm~fffrom new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the 1998 KCSWDM and the City's arnendment~ to the manual. The applicant's preliminary !!torm drainage TlR, was reviewed and accepted by the City's Public Works Department. Fi,nal review and approval of the storm drainage facilities as shown on the engineering plans will occur as part of the final plat process. ' 13. Public Works staffhave reviewed the project and concluded that the proposed street layout and street improvements of the subdivision are consistent with adopted codes and the Comprehensive Plan. 14. This project is expected to produce, 1 0 or fewer PM peak hour vehicle trips. Therefore, no offsite traffic mitigation is required. ' Staff Report to the Hearing Examiner Sterling Woods Preliminary Plat File NQ. 05:] 04] 93:SUIDoc. ].0. 378~3 Page 9 IS. Water and sewer facilities are available from the Lakehaven Utility District and are adequate to serve the proposed development. It is the applicant's responsibility to secure all necessary water and sewer services from the utility.provider. . 16. The proposed subdivision and all attachments have been reviewed for compliance with the FWCP, FWCC Chapter 18, "Environmental Protection," Chapter 20, "Subdivisions," Chapter 22, "Zoning'," . and alI.other applicable codes and.regulations. As proposed, llIld recommended by-staff, the preliminary plat is consistent with the FWCP and the applicable codes and regula.tions. RECOMMENDATiON Based on review of this application, the environmental record, and pertinent decis'ional Criteria, the Department of Community Development Servjces f'ecomrnends conditional approval of the preliminary plat. CONDITION . . . Prior to approval of the final plat, the applicant must submit to the City of Federal Way the fee-in:.lieu of open space, calculated on 15 percent of the most recent assessed value of the property at the time of final plat. . . LIST OF EXHIBITS . Copies of exhibits are not attached to all copies of this report.,All exhibits have been provided to the Hearing Examiner. 1. Set of plans by DBM, including the following: · . Sheet I, Preliminary Plat, by DBM, November 30; 2006 · Sheet 2, Preliminary TESCP & 'Demolition Plan;by DBM, November 30, 2006 · Sheet 3, Preliminary Grading Plan, by DBM, November 30,2006 · Sheet 4, Preliminary Utility Plan, by DBM, November 30, 2006 2. Landscape Plan (Sheet L-I),by GHA Landscape Architects (Neil Buchanan), December 1, 2Q06 3. Survey (two sheets), by Cramer Northwest, Inc.; August 15,2005 4. Zoning and Vicinity Map 5. Aerial Photography Map 6. Quarter Section Map 7. Master Land Use Application form, received August 18, 2005 8. Notice of Application, November 19,2005 9; SEP A Determination of Non significance (DNS), July 22, 2006 10. Annotated SEP A checklist, resubmitted September 21, 2005 11. King County Certificate of Water Availability 12. King County Certificate of Sewer A vailabiJity 13. Preliminary Surface Water Technical Information Report (TIR): "Level I Downstream Analysis for Sterling Woods Subdivision," prepared .by DBM Consulting Engineers, April 21,2006 (received April 24, 2006) 14. Sight Distanc.e Analysis, by Transportation Consulting Northwest (TCN), November 4, 2005 15. Letter from Jeffery S. Jones, Wetland Scientist, regarding the location of the boundary of the off-site wetland, October 12,2005 ... 16. Notice of Hearing Staff Report to the Hearing Examiner . ~Ierling Woods Preliminary Plat File No. 05-1 041 93-SUIDOc. J.D. 37883 P!lge 10 TRANSMITTED TO THE PARTIES LISTED HEREAFTER · Stephen Casseaux, Jr., Federal Way Hearing EXllminer · Ann Dower, Public Works Development Engineering · Sarady Long, Public Works Traffic · Applicant/Owners: Mukesh K. "Mike" Makker and Makhan Singh, 12505 Bel-Red Road, #212, BelIevue, W A 98005 . · Chris Ingham, South King Fire and Rescue. · Brian Asbury, Lakehaven Utility District · Agent #1: Cramer NW, Attn: AIeanna Kondelis, 945 North Central, #104, Kent W A 98032 . Agent #2: DBM E~gineers, Attn: ~ie.Mjnks, 502 16th StreetNE, #312, Auburn, WA 98002 · Agent #3: DPM, Attn: Hans Korve, 726 AubUril Way N., Auburn, W A 98002 · Sean Howe, Cairncross & Hempelmann, P.S., 524 2nd Avenue, Suite 580, Seattle, W A 98104-2323 Staff Report to the Hearing Examiner Sterling Woods Preliminary Plat File No. 05-104J93~SU/Doc. J.p. 37883 P,age 11 x :~~~]l ~ to ~~: it! _ '..... ~ N _ ~ ~ ..,.: , ::> w <; 'I ' en uJ ~~ '--- : '- !~,.." :,,0 ~4i ......~: -, I ~- : C) a ~ ______ '!!!'!..__-'______ I ~, ~, ~ ----1 ________;;;__;~-;-~~;--------------l---~~["!!o'-- !"-o:; ~ --------.-.----........,iiii>--.-------.----~ -" _~ ~-----w..--l SRm . __ 11 ~ :2:; _ -----:..------' , ~ C\j ,......>>.. ! 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'" <fl f!! :> iii ~ Co '" E. ( ~ t;j '0 c' i:i al" e: '" lii :> Ol '0 c .!!! <fl f!! :> iii ~ Co '" E - o c .2 ~ o -J 371'424 \j . 0 8D:71U RS9.6 36522 ~ U / \ I B I) I) !J IJ I) ;J I: *JQ I] 70 Il IJ I) IJ 11 36603' I Property Legend: C Federal Way Zoning Boundary . King County Properties ~ Wetlands (1998 City Survey) r"I'l Landmarl<s o City of Federal Way SWM Properties ~ . j Multi-Family Properties _ City. County and State Pari< Properties. School Properties .'" City of Federal Way Properties TraclslPrivate Open Space Source: City of Federal Way, Lakehaven Utility District, King County c I D ta , I Cl 35906 I ~ _ 3~ ~ ~ .. _ _ ~ U _ D. ~ I_I: ... Q _ _ 3:.s~~ ... . 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Co t;j .r:. <fl ~ C '" .5:: 'E o Q) ;; - Ol C 'c o N e: ~ :> <> Q) ;; Ol c :2 .!!! :c '" ;;; Q) Q) <> c '" c E o Q) ;; '0 C '" 0. '" E <fl 5 c Q) Q) ~ Q) .0 <fl Q) 'u c .l!! <fl 'in c o <> .S >- c '" - o C Q) > Q) Q) ;; .= It> o 0; i1i iii o 0. '" ~ " 400 Feet I .< ., RESOLUTION NO. A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING STERLING WOODS PRELIMINARY PLAT, FEDERAL WAY FILE NO. 05- 104193-00 SUo WHEREAS, the owner(s), Mukesh "Mike" Makker and Makhan Singh, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Sterling Woods and consisting of2.32 acres into ten (10) single-family residential lots located at 36205 6lh Avenue SW; and WHEREAS, on July 22, 2006, an Environmental Determination of Non significance (DNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), Chapter 43.21C; RCW, and WHEREAS, the Federal Way Hearing Examiner on February 12, 2007, held a public hearing concerning Sterling Woods prelimil1ary plat; and WHEREAS, following the conclusion of said hearing, on March 5, 2007, the Federal Way Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recotnll).ending approval of Sterling Woods preliminary plat subject to conditions set forth therein; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, on March 12,2007, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on Sterling Woods preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward a recommendation for approval of the proposed Sterling Woods preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and WHEREAS, on March 20, 2007, the City Council considered the record and the Hearing Examiner recommendation on Sterling Woods preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. .. . Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings offact and conclusions of the Land Use Hearing Examiner's March 5,2007, Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed I to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia, lhe analysis and conclusions in the Staff Report and Hearing Examiner's I recommendation, and conditions of approval as established therein, the proposed subdivision makes I . appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage I . ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and !chOOIS grounds, and all other relevant facts as are required by City code and state law, and provides for sidewllks and other planning features to assure safe walking conditions for I students who walk to and from school. . 3. The public use and Jterest will be served by the preliminary plat approval granted herein. Section 2. Application APprJval. Based upon the recommendation of the Federal Way Land Use Hearing Examiner and findings and colclusions contained therein as adopted by the City Council immediately above, Sterling Woods preliminary PIal. Federal Way File No. 05-104193-00 SU, is hereby approved, subject I to conditions as contained in the March 5, 2007, Report and Recommendation of the Federal Way Land Use Hearing Examiner (Exhibit A). Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to thlcity Council finding that the public use and interest will be served by the platting or subdivision of the sUbjJt property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, tJen, in said event, the proposed preliminary plat approval' granted in this resolution shall he deemed void, and Ithe preliminary plat shall he remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional pmceedings as are neces1 to ass",e that the pmposed plat makes appropriate pmvisions for the public health, safety, and general WelfaI1\,e and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulationS[ and forward such recommendation to the City Council for furthe< .. '. .. action. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS _ DAY OF ,2006 CITY OF FEDERAL WAY MA YOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHAWAY, CITY CLERK. .. ApPROVED As To FORM: CITY AITORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERIC PASSED By THE CITY COUNCIL: RESOLUTION No. COUNCIL MEETING DATE: March 20, 2007 ITEM #: ...m....N._...~.......__...,.._._.__._._...._...._...._.....__,..._......_..._.._........_...._..........._......._........~_._..............__._......................... ............_............_.......... ................._.................................. ....................__................_..........__...._m....................-.. ..........-................-.....- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S. 308th Street Stormwater Facility Modification Project -: 30% Design Status Report (elF # 304-3100-254/Mirror Basin Detention) POLICY QUESTION: Should the Council approve the 30% design and provide authorization to return to Council at the 100% Design Stage for approval and authorization to bid the S.308th Street Stormwater Facility Modification Project? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 12,2007 CATEGORY: IZI Consent o City Council Business o Ordinance o Resolution o o Public Bearing Other ~!~!X~~_~Q~!_~Y.:_~!l.:~.l~::~~~.~~.~~.~.:.E.2_~.~K~~e ~.~!~~M~~_~g~~_....____l.?_~~_!~_R~~159._yy~~~~-----------....-.----..------ Attachments: Memorandum to the Land Use and Transportation Committee dated March 12, 2007. . Options Considered: 1. Approve the 30% project design and provide authorization to return to Council at the 100% Design Stage for approval and authorization to bid the S.308th Street Stormwater Facility Modification Project. 2. . Do not authorize staff to continue with the project and provide direction to staff. ____......_....__....._.m_..._..._..__._._.._....____._..._....___._...___.._.._.__....__._.__.______._......._~_.._..__._N_.__.....___.__...__N__.__...__.____.._...__._____~.__.._.---.-..--.-...--..-....---- STAFF RECOMMENDATION: Staff recommends forwarding Option 1 above to the March 20,2007 Council Consent Agenda for approval. CITY MANAGER ApPROVAL: ~ DIRECTOR ApPROVAL: ~ ~ Council Committee Council COMMITTEE RECOMMENDATION: Place Option 1 on the March 20, 2007 City Council Consent Agenda for approval. Dean McColgan, Member Jack Dovey, Chair Eric Faison, Member PROPOSED COUNCIL MOTION: "I move for approval of the 30% project design and to provide authorization to return to Council at the 100% Design Stage for approval and authorization to bid the S.308th Street Stormwater Facility Modification Project. " (BELOW TO BE COMPLETED BY 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 # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: March 12, 2007 Land Use and Transportation Committee Neal Beets, City Manager Paul A. Bucich, P.E., Surface Water Manager ~ [Gr) S 308th Street Stormwater Facility Modification Project - 30% Design Status Report (eIP # 304-3100-254/Mirror Basin Detention) BACKGROUND: This project will expand the detention storage capacity, construct an emergency spillway and enhance the water quality treatment of the existing "Evergreen Estates South" residential development detention pond located within a permanent drainage easement on city-owned Open Space. This pond is located on the south side ofS 308th Street, immediately west of 4th Avenue South. Currently the project design is approximately 30% complete, which includes the following completed tasks: .. Topographical Survey and Mapping Hydrological and Hydraulic Analysis Project Design plans to 30% level . . Ongoing Tasks Include: . SEP A Submittals . Acquisition of city Right-of Way Permit . Project Design to 100% level This project is scheduled for construction to commence in early July. PROJECT ESTIMATED EXPENDITURES: 100% Design (Estimate) Year 2007 Construction (Estimate) 10% Construction Contingency Construction Management (15%) TOTAL PROJECT COSTS $ 55,000 $ 115,000 $ 11,500 $ 17,250 $ 198,750 A V An,ABLE FUNDING: TOTAL A V AILABLE BUDGET $ 248,000 K:\Iutc\2007\3-12-07 S 30gih Street Stormwater Facility Modification.doc COUNCIL MEETING DATE: March 20, 2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 26th Avenue SW Stormwater Trunk Replacement Project -(CIP # 304-3100-253)-100% Design Approval & Authorization to Bid POLICY QUESTION: Should the Council approve the 100% design and authorize staff to bid the 26u1 Avenue SW Stormwater Trunk Replacement Project? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 12,2007 CA TEGORY: ~ Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other .ST A~~-~Q~!_!!~_:.J~!l~!A.:._~~~~~.~?..~.:~:.L.~~f~~~_.~~_~~!...M~~~g~_~..,_.~,~~!.~,~~~~~:"~?~~m'_'__'___'_m___.___.____,____ Attachments: Memorandum to the Land Use and Transportation Committee dated March 12,2007. Options Considered: 1. Approve the 100% project design and provide authorization to bid the 26lh Avenue SW Stormwater Trunk Replacement Project and return to the LUTC Committee with a request for permission to award the project to the lowest responsible, responsive bidder. 2. Do not authorize staff to continue with the project and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option above to the March 20,2007 Council Consent Agenda for approval: CITY MANAGER ApPROVAL: ~ I Co llee DIRECTOR ApPROVAL: ~ Council Council Committee COMMITTEE RECOMMENDATION: Place Option 1 to the March 20,2007 City Council Consent Agenda for approval. Jack Dovey, Chair Eric Faison, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: "] move approval of the 100% design and authorize staff to bid the 26th Avenue SW Storm water Trunk Replacement Project and return to the LUTC Committee with a request for permission to award the project to the lowest responsible, responsive bidder. " (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 # ] ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: March 12, 2007 Land Use and Transportation Committee Neal Beets, City Manager Paul A. Bucich, P.E., Surface Water Manager 26th Avenue SW Drainage Replacement Project - (CIP # 304-3100-253) 100% Design Status Report & Request Authorization to Bid ~~') BACKGROUND: On November 7, 2006, the Council authorized SWM to complete the design for the 26th Avenue SW (304-3100- 253) Trunk Replacement Project and report back to council at the 100% design stage. This project will replace approximately 2,300 lineal feet of undersized/deficient drainage located along 26th Avenue SW between SW 323rd to SW 325lh Street and SW 327lh to SW 334lh Street in 2007. The project design is now 100% complete, which includes the following completed tasks: . Topographical Survey and Mapping Hydrological and Hydraulic Analysis Project design plans and specifications to 100% level All Permitting- SEPA, City R.O.W. Permit, and City Director's Approval for working within 25-foot regulated lake buffer. . . . ESTIMATED PROJECT EXPENDITURES: Design Year 2007 Construction (Estimate) 10% Construction Contingency Construction Management & Bid Advertising TOTAL PROJECT COSTS $ 85,020 $ 650,990 $ 65,099 $ 10,000 $ 811,109 "Base Bid" Total Project Cost -($40,500) Alternate Deduct for Water Quality System $ 770,609 Estimated Minimum Project Cost without Water Quality System The "Base Bid" Total Cost includes installation of a water quality treatment system that would be installed only if Total Project Costs are below the Available Project Funding amount or Council authorizes supplemental funding from SWM unallocated funds. . A V AILABLE FUNDING: TOTAL A V AJLABLE BUDGET $ 810,000 K:\Iutc\2007\3-12-D7 261h Ave SW Drainage Replacement Project.doc COUNCIL MEETING DATE: ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ANNEXATION INTERLOCAL AGREEMENT AND COMMUNITY OUTREACH MEMORANDUM OF UNDERSTANDING POLICY QUESTION: Should City Council execute an interlocal agreement addressing transition from county to city services, transfer of property, King County funding offer and miscellaneous administrative issues? Should City Council also execute a Memorandum of Understanding (MOU) regarding shared funding of community outreach costs with King County? COMMITTEE: LUTC MEETING DATE: March '1, 2007 CA TEGORY: D Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other ~!'~~.~".~!~Q~!..~.Y-=_!~~AC CONLEN, AC'!:!~5?'"~.~~!Q~..!>.~~~-E~___.._".."".___~.~~~~_~~_"."""~___.._.___.._".__~".._..._ Exhibits: (1) Staff Report (2) Annexation Interlocal Agreements w/ Exhibits, (3) Community Outreach MOU Options Considered: 1. Authorize execution of Annexation Interlocal Agreement and Community Outreach MOD. 2. Do not authorize execution of Interlocal and MOU. -_._---~~~_.~~-~.~._-_.-...._--_.._....__._-_.__._--_...........--....--..--.........-.......--..--.-.-......--------...--------..------.-.......-------.-...-----.--.. STAFF RECOMMENDATION: Staff rec ends option I. CITY MANAGER ApPROVAL: Council DIRECTOR ApPROVAL: lJ~ ~r . ~ Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move approval of the Annexation Interlocal Agreement and Community Outreach MOU. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDJDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # ~ . CITY OF .~. _ ~ Federal Way CITY COUNCIL COMMIITEE STAFF REPORT DATE: To: VIA: FROM: March 5, 2007 Land Use and Transportation Committee Neal Beats, City Manager Kathy McClung, CDS Director Isaac Conlen, ActingSenior Planner SUBJECT: Annexation Interlocal Agreement and Public Outreach Funding MOU MEETING DATE: March 12,2007 POLICY QUESTION Should City Council execute an interlocal agreement addressing transition from comity to city service~,. transfer of property, King County funding offer and miscellaneous administrative issues? Should City . Council also execute a Memorandum of Understanding (MOU) regarding shared funding of public " outreach costs with King County? BACKGROUND On February 20,2007, City Council passed Resolution 07-492 initiating annexation of the city's remaining Potential Annexation Area (P AA) known as the East Federal Way Annexation Area. City staff have been working with County staff over the last several months, putting together an annexation interlocal agreement between the city and the county (Exhibit 2). The interlocal addresses the transition from county governance to city governance. Specifically, it addresses post-annexation permitting responsibility, transfer of public property (parks and stormwater facilities), transfer of public safety responsibilities, incentive funds offered by the county and other administrative details. In addition, the county has offered to participate in and share the cost of public outreach efforts leading up to the annexation election date. The details of this offer are specified in a MOU between the city and county (Exhibit 3). DISCUSSION Interlocal Agreement: The draft interlocal agreement is similar to the interlocal agreement .negotiated for the North Lake, Parkway and Redondo East annexations in 2004. Staff from Public Works, Public Safety, Community Development, Parks, Finance, Courts, the City Manager's Office and the City Attorney's Office have helped create the agreement in a cooperative effort with King County staff. . The agreement includes the following significant provisions: . Permitting: The County will continue to process land use and building permits initiated prior. to the effective date of annexation. Land use decisions requiring quasi-judicial or legislative EXHIBI1r I PAGE I OF 2- approval will be heard by the city's hearing examiner or City Council with staff support from the county . . Parks: County parks facilities, including associated equipment, will be transferred to the city in "as-is condition" upon the effective date of annexation. The agreement includes provisions for early inspection of facilities and equipment. . Public Safety and Courts: The city will be responsible for public safety services on the effective date of annexation. The county will continue to investigate and (,:omplete criminal cases that originated in the annexation area prior to the date of annexation. Likewise, the county will be responsible for the costs of prosecution and incarceration for cases originating prior to the effective date of annexation. . Ince..tive Funds: The county has offered the city a total of $3,500,000 to offset the costs of annexation'. $2,500,000 in cash and $1,000,000 worth of road overlay improvements in the annexation area. The funds will be paid in two installments, the first within 30 days of acceptance by City Council of the annexation area and the second within 30 days of the effective date of annexation. These funds are contingent upon an annexation effective date of January 1, 2009 or sooner". lfthe annexation is made effective after January 1,2009, but on or before January 1,2010 the county agrees to pay 75% of the above described funds (and road work). In addition, the interlocal agreement establishes that the county will cover one half of the election related cost of annexation (cost of ballots and voter pamphlets). Annexation Outreach Funding MOD Additionally, the county has offered to participate in community outreach activities and to reimburse the city for up to $25,000 of costs associated with such activities prior to the annexation election. Costs eligible for reimbursement include, surveys, printing, meeting-related costs and similar expenses. ,This offer is in the form of an MOU attached as Exhibit 3. Staff Recommendation Approve the Annexation Interlocal Agreement and Community Outreach MOU. EXHIBIT I PAGE Z-OF Z- Page 2 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND KING COUNTY, RELATING TO THE ANNEXATION OF THE FEDERAL WAY POTENTIAL ANNEXATION AREA THIS AGREEMENT is made and entered into this day of ,2007. The parties ("Parties") to this Agreement are the City of Federal Way, a State of Washington municipal corporation ("City") and King County, a political subdivision of the State of Washington ("County"). WHEREAS, on an election date in 2007, the citizens of the City's Potential Annexation Area generally described in Exhibit A hereto (hereinafter the "Annexation Area") will have an opportunity to v~te on whether to annex to the City; and WHEREAS, if approved by the voters, annexation of the Annexation Area to the City will become effective on or belore January 1, 2009, pursuant to City ordinance; and WHEREAS, if annexation is not initially approved by the voters, the City may elect to resubmit the matter to the voters of the Annexation Area at an election in 2008 and if approved the annexation would become effective on or before January 1,2010, pursuant to City ordinance; and ',' WHEREAS, as of the date of legal annexation of the Annexation Area, pursuant to state law, the City will own, and have the responsibility for the operation, safety and maintenance of all former County roads, bridges and rights-of-way located within the CityHmits together with all appurtenances located within such rights-of-way, including but not limited to, drainage facilities, stormwater facilities, environmental mitigation sites and monitoring projects, street lights, traffic signals and traffic signs; and WHEREAS, the City and the County desire to facilitate an orderly transition of services, including but not limited to police services, court services and public works ,services associated with the Annexation Area; and WHEREAS, the City and the County desire to mutually determine the appropriate timing for the transfer of public records; and WHEREAS, upon annexation of the Annexation Area, the County shall make available to the City a one-time payment of funds from its Annexation Incentive Funds to assist with the cost of transitioning services and in consideration of the City relieving the County of the burden of providing public services to the areas to be annexed; and WHEREAS, the City and the County want to ensure a smooth transfer of ownership and maintenance of existing local County park facilities and properties in the Annexation Area; and WHEREAS, the City and the County want to ensure a smooth transfer of ownership and maintenance of existing County surface water facilities and related property interests in the Annexation Area; and ~o., :t:,\.:' 1 EXHIBIT 2 PAGE / OF ~r; ".' _,.,., ,_,_.~....~'"..,_ T! {~J i l'1 r :./ WHEREAS,. all local governmental land use authority and jurisdiction with respect to the Annexation Area transfers from the County to the City upon the date of annexation; and WHEREAS, the County and City agree that having County staff process various Annexation Area building and land use applications on behalf of the City for a transitional period followirig annexation will assist in an orderly transfer'of authority and jurisdiction; and WHEREAS, it is the parties' intent by virtue of this Agreement that any and all discretionary decisions with respect to land use and permitting from and after the date of . annexation shall be made by the City; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by the Interlocal Cooperation Act, codified at Chapter 39.34 RCW, and other Washington law, as amended; NOW THEREFORE, in consideration ofthe mutual terms, provisions and obligations contained herein, it is agreed by and between the City and the County as follows: 1. TERM. This Agreement shall be deemed to take effect following the approval of the Agreement by the official action of the governing bodies of each of the Parties and the signing ofthe Agreement by the duly authorized representative of each ofthe Parties, and shall continue in force for a period of five (5) years from the effective date of annexation of the Annexation Area; provided, however, that in the event: (1) the City fails to place the annexation measure on the ballot in 2007; or (2) the annexation measure is placed on the ballot but is rejected by voters at election in 2007 and the City thereafter either does not place the matter before the voters again in 2008 or the measure again fails at the polls in 2008, then this Agreement shall terminate on December 31, 2008. 2. ANNEXATION. The City shall take action to ensure placement on the ballot at a regular or special election date in 2007 for the registered voters of the Annexation Area to vote on whether to annex to the City. If approved by the voters in 2007, the City shall take action by ordinance to ensure that the annexation of the Annexation Area will be effective on or before January 1,2009. Ifnot approved by the voters in 2007, the City shall take action to ensure placement on the ballot at a regular or special election date in 2008 for the registered voters of the Annexation Area to again vote on whether to annex to the City, or this Agreement shall terminate per Section 1 on December 31, 2008. Ifthe matter is placed on the ballot and approved by the voters in 2008, the City shall take action by ordinance to ensure that the annexatio~ of the Annexation Area will be effective on or before January 1,2010. The tenn "Annexation Area" means the territory generally described in Exhibit A hereto, as it may be modified by decision ofthe King County Boundary Review Board, and/or subsequent decision on any appeal of such decision. 3. RECORDS TRANSFER. Upon approval of the annexation by voters and acceptance thereof by the City, the County shall work with the City to transfer to the City public records including but not limited to record drawings or construction drawings that are requested by the City related to transferred facilities and properties within the ...~.., f.1l ~ . _~ '4,y <,,~ f ., ~,~j ~., '" ),,;.;;~ 2 . EXHIBIT L. PAGE 2- OF 5"~ . ~,.l'. ,...,,~. '~ ..... l\ .,'#1. . . ..,!~ 2 ... " ,.~'.a.~ .....~_____ t.... .,....___....". j f.J Annexation Area. The City shall send a written request for records to the director of the County department or division holding such records. Alternately, the City may request in writing that such director schedule a records transfer meeting at which a City representatives shall meet with County department representatives in order to review and identify records to be copied and/or transferred consistent with the terms of this Section 3. The request shall provide sufficient detail to allow the County to identify and locate the requested records. The County shall make its best effort to provide the documents within forty-five (45) days of the request. The County may elect to provide original records or copies of records. The County shall not be required to provide records that are not reasonably available or to create records or compilations that have not already been created. Notwithstanding anything in this section to the contrary, sheriff records transfers will be subject to the provisions of Section 10 and Exhibit H. 4. DEVELOPMENT PERMIT PROCESSING. Upon the effective date of the annexation of Annexation Area, the terms of this Agreement attached hereto as Exhibit B shall go into effect with respect to development permit processing. 5. ANNEXATION FUND'P A YMENT AND ROAD IMPROVEMENTS CONTRIBUTION. In order to partially offset the City's cost oftransitioning and ; C . providing services to the Annexation Area,.and inconsideration of the City relieving. the County of the burden of providing local public services (including but not limited to drainage services and operation of local park facilities) in the Annexation Area, the County will provide the City with a payment from the annexation initiative incentive reserve funds, and shall fund certain roadway improvements in advance of annexation. a. The payment of annexation incentive reserve funds shall total $2,500,000. The payment shall be composed of $2,000,000 from the Current Expense Fund and $500,000 from the Real Estate Excise Tax (REET) Number 2 Fund. The City shall expend the REET dollars consistent with the limitations placed on the use of this fund under King County Code Section 4.32.012 as currently adopted or hereafter amended. The payment of annexation incentive reserve funds shall be made in two installments. The first installment shall be made not later than 30 days following adoption by the City of an ordinance timely accepting annexation ofthe Annexation Area on or before January 1,2009 (which action shall be taken after receiving certification that the proposition was approved by voters). This installment shall include $1,000,000 in Current Expense Fund revenue and $250,000 in REET Number 2 Fund revenue. The second installment will be made not later than 30 days after the effective date of the annexation, and shall be composed of$1,000,000 in Current Expense Fund.revenue, and $250,000 in REET Number 2 Fund revenue. b. In addition to the annexation incentive fund payment described in paragraph 5.a above, the County shall cause to be completed roadway overlay improvements in the Annexation Area valued by the County at $1,000,000. The road funding shall .f:!l f') ~. t' ,.t ::~ .~~:.! .~ -1. . 3 EXHIBIT Z PAGE ..3 OF S;c, .' . ...~.. . _ , '._.~ ~. f. {~j .~ }~l.j':~~.,~ ~ be committed to designated overlay projects by the County after the City Council acts to accept annexation of the Annexation Area following voter approval of annexation. The roadway improvements shall be specifically targeted to roadways with a pavement rating of less than forty percent, and the specific roadway segments to be improved shall be selected by the County Roads Division in consultation with the Director of the City Public Works Department. Such improvements shall to the extent practicable be completed prior to the effective date of the annexation, but in any event as soon thereafter as possible. c. In addition to the annexation incentive fund payment described above, the County agrees to pay one-half the charge to the City from the County Elections Division for conducting the initial election in the Annexation Area (whether in two separate ballot measure on the same election date, or one ballot measure). Such . payment shall be applicable to a second or other later annexation election. d. Notwithstanding anything in the foregoing subparagraphs a through c, in the event the annexation effective date is after January 1, 2009, but on or before January 1, 2010, then the County shall still pay annexation incentive reserve fund payment to the City, and in consideration of the extended time period during which the County wiIi incur the expense of providing services to the Annexation Area, the annexation incentive reserve fund payment to the City shall be 75% of the originally offered amount, specifically, the payment shall include $1,500~OOO in Current Expense Fund revenue, $375,000 in REET Fund Number 2 revenue, and . completion by the County of$750,000 in road overlays 'or other road infrastructure improvements. Upon request of the City said payment of Current Expense and REET revenue shall be made in part prior to the effective date of annexation but after the City Council acts to accept annexation of the Annexation Area following voter approval of annexation, with up to half of the funds transferred in advance and the balance transferred upon the effective date of annexation. e. In the event the City determines to place the annexation matter before the voters on two separate ballots, one for the northern portion of the City's Annexation Area, and on for the southern portion of the Annexation Area, and only one of the ballot measures is approved by the voters, then the annexation incentive reserve fund payment to the City shall be made in accordance with the preceding paragraphs adjusted as follows: for the northern portion of the Annexation Area, 60% of the funds otherwise allocable shall be paid; for the southern portion of the Annexation Area, 40% of the funds otherwise allocable shall be paid. f. No annexation incentive reserve funds shall be payable for any annexation of any portion or all of the Annexation Area with an effective date later than January 1, 2010, or in the event the City does not assume ownership of all Parks Properties, Drainage Facilities, and Drainage Facility Property Interests upon annexation as contemplated by Sections 6 and 7 of this Agreement.1 . .,~,,~ f' I'.... ~ ?! ., '1i: 1>' , . f ) l::~; .~ ~~~ ;f';it.,~,~,:~ "'...."'......."...._.............h_....... .. . . ~,,,. . . . 'n.' q O..~...". .."""'~,, ~ r~ iI, " , 4 EXHIBIT Z- PAGE y OF 5' 6. PARK AND OPEN SPACE FACILITIES AND PROPERTIES The County shall transfer to the City, and the City shall accept, the park, open space, and greenbelt properties listed in Exhibit C attached hereto and incorporated herein (collectively, the "Parks Properties"), which park, open space and greenbelt properties are more generally known as: · Bingamon Pond Natural Area . Camelot Park · Five Mile Lake Park . Lake Geneva · South County Ballfields/ Athletic Complex · Greenbelt Properties ;. These transfers shall be accomplished through the execution by the County Executive and City Manager of Federal Way of an intergovernmental transfer agreement in substantially the form as Exhibit D, attached hereto and incorporated herein, which execution shall occur within thirty days of the' City Council acting to accept the annexation of are~s within which the Parks Properties are included, all following voter approval. Iris the intent ofthe parties that the transferofthe Parks Properties to .. the City shall occur as nearly as possible on or immediately after the effective date of the annexation. . . 7. 'SURFACE WATER MANAGEMENT a. Transfer of Drainage Facilities and Drainage Facility Property Interests. 1. Upon the effective date of annexation for the area in which the "Drainage Facilities" identified in Exhibit E, attached hereto and incorporated herein by reference, are located, those Drainage Facilities which are held by the County as specifically identified in Tables A and C of Exhibit E shan automatically be transferred from the County to the City, and the City shall assume ownership and full and complete responsibility for the. operation, maintenance, repairs, and any subsequent improvements to said Drainage Facilities. The Drainage Facilities identified in Table B of Exhibit E shall not be transferred but shall remain in private ownership. The City shall have the right but not the obligation to inspect the facilities identified in Table B from and after the effective date of annexation. 1. The City and the County acknowledge and agree that the Residential Drainage Facility Property Parcel number 3874010940 (Kingco Estates 3, 28409 37th Ave S) (herein the "Kingco Property") is currently subject to special use permit number S-197-05 granted to King County Natural Resources Water & Land Resources Division for the purpose of constructing and maintaining a trail/footbridge facilitating access to Bingamon Pond Park. Effective as of the date the ,.,~~- ~-~;:~{~'~'i}',~ ~.~. ::t~' f\ ;:::f .."-\ . 5 EXHIB~1i. Z- PAGE S OF 5~ 1''' ... . _. ....~. Kingco Property is conveyed to the City, the County hereb~ assigns, transfers and conveys to the City all of the County's rights, privileges and obligations in the Permit, and the City hereby accepts and assumes all of the County's rights, privileges and obligations in the Permit. 11. The County shall upon the effective date of annexation for the area in which the "Drainage Facility Property Interests" (which property interests are currently held by the County) identified in Exhibit F, attached hereto and incorporated herein by reference, are located, convey by quit claim deed in substantially the form in Exhibit G, attached hereto and incorporated by reference, to the City, and the City shall accept, the Drainage Facility Property Interests, subject to all rights, conditions, covenants, obligations, limitations and reservations of record for such property interests. The City agrees to abide by and enforce all rights, conditions, covenants, obligations, limitations and reservations for the Drainage Facility Property Interests. 111. The County is willing to provide surface water management services and maintenanc,e for the Annexation Area via separate written agreement between the Parties. IV. Both parties will makestaffavailable to identify and review any additional County-owned local drainage facilities, easements, and other property interests within the Annexation Area that should, appropriately be coriveyed to. the City. Suc~ facilities and other property interests include those for which the County's facility acceptance process has not yet been completed, .inciuding both projects being constructed by the Coun,ty a~ well as projects subjecn6 County approval that are constructed by third parties. Any suchadditiomll County-oWned drainage properties or other property interests shall be transferred to the City p~rstiant to this Agreement and upon County approval, including if necessary the , adoption of an ordinance authorizing the transfer of King County owned drainage properties and property interests. 'The transfer of responsibility for drainage facilities shall be documented in writing, including specific facilities transferred and the date 'of transfer and such documentation signed by the appropriate City representative and the Director ofthe King' County Water and Land Resources Division. b. Condition of and Responsibility for Operations. Maintenance. Repairs. and Improvements of Drainage Facilities and Drainage Facility Property Interests. 1. The City agrees to accept the Drainage Facilities and Drainage Facility Property Interests in AS IS condition, and to assume full and complete responsibility for all operations, maintenance, repairs, and improvements ofthe Drainage Facilities and Drainage FacilityProperty Interests. 11. King County does not make and specifically disclaims any warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose, with respect to the Drainage Facilities and 6 EXHIBIT ~AGE ~ '2- "~f ~'~ft 1 'It} "1 ~..""".-.I~''''U''_''''''_''~''''~.''_'' ' ~ ~.:~. ~ ,'.o, .I;~:'l ..... f'''' ',.""~ Ild .' .... ._.~ '1 U _..__..-_ ;J' V H"~ OF 5"" ~"~r:. ,~! J Dr.ainage Facility Property Interests, and no official, employee, representative or agent of King County is authorized otherwise. iii. The City acknowledges and agrees that except as indicated in paragraph 7(c)(ii), the County shall have no liability for, and that the City shall release and have no recourse against the County for, any defect or deficiency of any kind whatsoever in the Drainage Facilities and Drainage Facility Property Interests without regard to whether such defect or deficiency was known or discoverable by the City or the County. c. Environmental Liability related to the Drainage Facilities and Drainage Facility Property Interests 1. "Hazardous Materials" as used herein shall mean any haza.rdous, dangerous or toxic wastes, materials, or substances as defined in state or federal statutes or regulations as currently adopted or hereafter amended. 11. Nothing in this agreement shall be deemed to waive any statutory claim for contribution that the City might have against the County under federal or state environmental statutes that arises from hazardous materials deposited or released on the Drainage Facilities or Drainage I:acility Property Interests by the County during the County's period of ownership. The City may not, however, assert such a claim to the extent that the City creates the need for or exacerbates the cost of remediation upon which a statutory claim for contribution is based as a result of the City performing construction activities on, changing the configuration of, or changing the use ofthe Drainage Facilities or Drainage Facility Property Interests. , ~ " iii. If the City discovers the presence of hazardous materials at levels that could give rise to a statutory claim for contribution against the County it shall immediately notify the County in writing. The parties shall make their best efforts to reach agreement as to which party is responsible for remediation under the terms of this Agreement prior to undertaking any remediation. IV. In no event shall the County be responsible for any costs of remediation that exceed the minimum necessary to satisfy the state or federal agency with jurisdiction over the remediation. d. Indemnification related to Drainage Facilities and Drainage Facility Property Interests. 1. King County shall indemnify and hold harmless the City and its elected officials, officers, agents or employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising from those occurrences related ~ 'I l.~ ~ t,,'J r" ," ;. EXHIBIT PAGE (- Z- OF S~ :~1 '~'\, . '';'.' . 7 to the Drainage FaCilities and Drainage Fa~ility Property Interests that occurred prior to the effective date of annexation, except to the extent that indemnifying or holding the City harmless would be limited by Section 7(c) ofthis Agreement. In the event that any suit based upon such a claim, action, los!i or damage is brought against the City or the City and King County, King County shall defend the same at its sole cost and expense and, if final judgment. be rendered against the City and its elected officials, officers, agents and employees or jointly against the City and King Co:unty and their respective elected officials, officers, agents and employees, King County shall satisfy the same. . '~ ~ ii; The City shall indemnify and hold harmless King County and its elected officials, officers, agents and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising from those occurrences related to the Drainage Facilities and Drainage Facility Property Interests that . occur on or after the effective date of annexation, except to the extent that indemnifying or holding the County harmless would be limited by Section 7(c) ofthis Agreement. In the. event that any suit based upon such a claim, action, loss or damage is brought against King County or King County.and the City, the. City shall defend the same at its sole cost and expense and, if final judgment be rendered against King County and its officers, agents and employees or jointly against King County and the City and their respective officers, agents and employees, the City shall satisfy the same. iii. For a period ofthree years following transfer, each party to this Agreement shall immediately notify the other of any and all claims, actions, losses or 9amages that arise or are brought against that Party relating to or pertaining to the Drainage Facilities and Drainage Facility Property Interests. iv. Each Party to this Agreement agrees that its obligations under this paragraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. For this purpose, each Party to this Agreement, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify the other party. e. The provisions of this Section. 7 shall survive the expiration or termination of this . Agreement. ; ! 8. JAIL SERVICES. On and after the date of annexation, the Annexation Area is subject to the existing Interlocal Agreement between King County and the City of "J>' ~ f"'i :;; '...!.' . '~.jf'" ; . ~ fi ?"'1 , l-l ',;, #f .~~ ~'."'" ....~;,,!....,,)~....................,.~.... \."'" .." f ~ '.t....ll; ... '\ .... il".. . ~ , '1. ~ . ."71 t: ~ i( . ~... 'f ,.,Ii ...."... """""".. <'..'" . 8 EXHIBIT z. PAGE. ~ OF 5~ Federal Way for Jail Services. All misdemeanor crimes that occur in the Annexation Area prior to the date of annexation will be considered crimes within the jurisdiction of King County for the purposes of determining financial responsibility under said Interlocal Agreement for Jail Services. All misdemeanor crimes that occur in the Annexation Area on or after the date of annexation will be considered crimes within the jurisdiction of the City for purposes of determining financial responsibility under the Interlocal Agreement for Jail Services. 9. POLICE SERVICES. On the effective date ofthe annexation, police service responsibility within the Annexation Area will be transferred to the City. Criminal cases and investigations pending with the County Sheriff prior to the effective .date of the annexation remain the responsibility of the County. The parties shall implement the police transition plan attached hereto at Exhibit H. In addition to the provisions of that transition plan, the parties further agree as follows: a. Sharing of community information: The County agrees to provide community contact lists that the Comity may have regarding the Annexation Area to the City within 90 days of the City so requesting such information. These lists may include, but are not limited to: members of block watch programs, community groups, and/or homeowner's associations~ b. Annexation of Emergency Response (911) Services: The City and County agree to coordinate transfer of emergency response (911), services in the Annexation Area. ' 10. DISTRICT COURT SERVICES TRANSITION. The County will be responsible for the prosecution of and payment of any fees or assessments associated with misdemeanor criminal cases where the alleged violation occurred prior to the effective date of annexation. The City will be responsible for the prosecution of and payment of court filing fees and other fees associated with misdemeanor criminal cases where the 'alleged violation occurred on or after the effective date of annexation. ' II.! ANNEXATION AREA BOUNDARIES TO INCLUDE ROADWAYS BOUNDING AGRICULTURAL PRODUCTION DISTRICTS. The parties agree that, subject to approval by the Boundary Review Board, any and all county roadways located on the edge of the Annexation Area adjacent to or abutting the Green River Agricultural Production District(s), shall be included within the Annexation Area. a. . The parties agree to work collaboratively to resolve issues relating to policing authority and road maintenance responsibility within the Green River Agricultural Production District, including considering the option of transitioning those responsibilities from the County to the City and/or the Cities of Kent and Auburn. The parties agree to seek to include the Cities of Kent and Auburn in such discussions. . ,.;-, t'''~' . ~ ,,',,~' ,., , ~ '1 ;" 1 \' " ';, . . .. '......,.....~ ...,. ....._.". ..,.... '." ~ .' I ,.. -:.~ ,(if 1fj :l -::~.i~' .,,,' .:0 ; ~'..'_..."'........-...'w.'.';.....I..._"".,; .,r, ".. f ." 9 EXHIBIT Z- PAGE 1 OF Srd 12. STATUS OF COUNTY EMPLOYEES. Subject to City civil service rules and state law, the City agrees to consider the hiring of County employees whose employment status is affected by the change in governance of the Annexation Area, provided that the City's consideration of hiring affected sheriff department employees shall be governed by the provisions set forth in RCW 35.13.360 et seq. The County shall in a timely manner provide the City with a list of those affected employees. 13: ADMINISTRATION AND CONTACT PERSONS. The Parties stipulate that the . following persons shall be the administrators of this Agreement and shall be the contact person for their respective ju~sdiction. City of Federal Way: King County: City Manager City of Federal Way 33325 8th Avenue S. Federal Way, WA 98003-6210 Director, Office of Management and Budget King County 701 5th Avenue Suite 3200 Seattle, W A 98104 , . 14. COMPLIANCE WITH LAWS. Each Party:acgepts'responsibility for compliance with federal, state, and'.locallaws and regulations. Specifically, in meeting the, commit~ents encompassed in this Agreement, all parties will comply with, among other laws and regulations, .the requirements of the' Open Meetings Act, Public Records Act, Growth Management Act, State Environmental Policy Act, and . .Annexation Statutes. The Parties retain the ultimate authority for land use and . development decisions within their respective jurisdictions as provided herein. By' executing this Agreement, the Parties do not purpon: to abrogate the decision-making responsibility vested in them by law. 15. INDEMNIFICATION. The following indemnification provisions shall apply to the entirety of this Agreement except for: (1) Section 7 concerning Drainage Facilities and Drainage Facility Property Interests, which Section shall be controlled exclusively by the provisions therein; (2) Exhibit B relating to Development Permit Processing which Exhibit contains separate indemnification provisions; and (3) Exhibit D relating to the transfer of park and open space properties which also contains separate indemnification provisions. a. The County shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is . brought against the City, the County shall defend the same at its sole cost and expense, provided that the City retains the right to participate in said suit if any . -r! r~~~r'c~'" .', ,.,;~,_"...__. ., 1'1..,., ! ~ _.~. '~ r.~ ... #'IQ 4~ :"';. ~~ \ J .. ~~ " ,J . .~ .. ._.................,.~..,.........~.ot"j;;>dt"1 ii"' 10 EXHIBIT PAGE 10 2- OF 5 Co principal of governmental authority is involved, and if final judgment qe rendered against the City and its officers, agents, and employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. b. The City shall indemnify and hold harmless the County and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the City, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a.claim, action, loss, or damage is' . brought against the county, the City shall defend the same at its sole cost and expense, provided that the County retains the right to participate in said suit if any principal of governmental authority is involved; and if final judgment be rendered against the County and its officers, agents, employees, or any of them, or jointly against the City' and County and their respective officers, agents, and employees or any of them, the City s:p.all satisfy the same. c. The City "and the County acknowledge and agree that if such claims, actions, suits, . liability; loss, costs, expenses and damages are caused by or result from the concurrent-negligence of the City,. its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this seCtion shall be valid and . enforceable only to the extent ofthe negligence of each party, its agents, employees and/or officers. l= ;,;. :...\ d. The provisions of this Indemnification Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. . 16. GENERAL PROVISIONS. a. Entire Agreement. This Agreement together with all Exhibits hereto contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. b. Filing. A copy ofthis Agreement shall be filed with the Federal Way City Clerk and recorded with the King County Auditor. c. Records. Until December 31,2013, any of either party's records related to any matters covered by this Intergovernmental Agreement not otherwise privileged shall be subject to inspection, review, and/or audit by either party at the requesting party's sole expense. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. Other provisions of this section notwithstanding, police/sheriff records shall be retained according to the state records retention schedule as provided in RCW Title 42 and related Washington Administrative Code provisions. V;' ?i: i~,,* i ~"i :.; '~:~.. .'. " . G.'!....~...;......~ t ~ {,~~ >1 ~ 1 ii\\._. 4 ;1 n..... _. ,.. .... ~I ~~. .:} 11 EXHIBIT 2- PAGE II OF 5~ d. Amendments. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. e. Severability. If one or more of the clauses of this Agreement is found to be unenforceable, illegal, or cOlitrary to public policy, the Agreement will remain in full force and effect except for the clauses that are unenforceable, illegal, or contrary to public policy. f. Assignment. Neither the City nor the County shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. g. Successors in Interest. Subject to the foregoing subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs, and assigns. h. Remedies. In addition to any other remedies provided at law, the Parties agree that in the event, of a breach of tJ;ris Agreement, the aggri~ved party may seek specificperfomiance,. . .'. 1. Dispute Resolution. The Parties should attempt if appropriate to use a formal dispute resolution process s.uch asrriediation, through an agreed-upon mediator and process, if agreement cannot be ryached regardi~g interpretation or implementation of any provision of this Agreement. All costs for mediation services would be divided equally between the Parties. Each jurisdiction would be respcmsible for the costs of their own legal representation. J. Attorneys' fees. In the event either ofthe Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement oHhis Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. k. No waiver. . Failure of either the County or the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in . connection with, shall not waive such breach or default. 1. Applicable Law. Washington law shall govern the interpretation of this Agreement. King County shall be the venue of any arbitration or lawsuit arising out of this Agreement. m. Authority. Each individual executing this Agreement on behalf of the City and the County represents and warnints that such individuals are duly authorized to execute and deliver the Agreement on behalf of the City or the County. . . '~i:-'n:,:~ i ~~;ry; '';'',: ,. '. .~. "'~.",' ..,.........'-.,....,...-...-. S '! .t~..~~ '!'Ii j. ~.v"lr .-;: .'~ :.] () 'J :!~ ,'I .'j ....'^ . , A '.._'.r' ......J............,'l~., ,;' 12 ~~HIBIT Z- PAGE I~ OF 5~ , n. Notices. Any notices required t6 be given by the Parties shall be delivered at the addresses set fo~h above in Section 13. Any notices may be delivered personally to the addressee ofthe notice or may be deposited in the United States mail, postage prepaid, to the addresses set forth above in Section 13 Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. o. Performance. Time is ofthe essence of this Agreement and each and all of its provisions in which performance is a factor. p. Equal OPportunity to Draft. The Parties have participated and had an equal opportunity to participate in the drafting of this Agreement. No 'ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. q. Third Party Beneficiaries. This agreement is made and entered into for the sole . protection and benefit of the parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. IN WITNESS THEREOF, the Parties have executed this Agreement. . , CITY OF FEDERAL WAY: KING COUNTY: ' Neal Beets, City Manager Date: Ron Sims, Executive Date: ATTEST: ATTEST: City Clerk DATED: DATED: Approved as to Form: Approved as to Form: City Attorney Sr. Deputy Prosecuting Attorney ~'jl t1 ~;;i. ::.....'~ i " ~ 13 EXHIBIT 2- PAGE I? OF ~(" ~.~~_ v"I.~ ..;' i: *~\::1~ ~ ~~ ~ 2 .rL~ '.~; Exhibit A Description of Annexation Area (Note: The legal description is subject to amendment by action of the King County Boundary Review Board) City of Federal Way East Proposed Annexation Area Legal Description Those portions of Sections 3, 4,9, 10, 14, 15,21,22,23,26,27,28,33, and 34, Township 21 North, Range 4 East, and Sections 33, 34, and 35, Township 22 North, Range 4 East, Willamette Meridian in King County, Washington described as follows: Commencing at a point 580 feet, more of less, westerly of and 50 feet southerly of the Northeast corner of the Northeast quart~r of said Section 33, said point also being on the City of Kent City Limits, ;8S annexed under Kent City Ordinance No. 3351, said point also identified as the southern right-of-way margin of South ,272nd Street and easterly Limited Access Line of SR-5; . Thence in an easterly direction along said southern'right-of-way margin of South , 272nd Street to an intersection with the southerly right-of-way margin of South 272nd Way; Thence in a southeasterly direction along said southerly margin of South 272nd Way to an intersection with the northerly extension of the east right-of-way margin of 55th Avenue South (aka Harry A. Abel Road, County Road #2515); Thence in a southerly and southwesterly direction along said east margin of 55th Avenue South to an intersection with the east line of the west half of the west half of said Section 35; Thence in a southerly direction along said east line to an intersection with the north line of the south half of the southwest quarter of the southwest quarter Section 35, Township 22 North, Range 4 East; Thence in a westerly direction along said north line to the west right-of-way margin of 55th Avenue South; Thence in a southerly direction along said west margin of 55th Avenue South to an intersection with the north right-of-way margin of South 288th Street; Thence in a westerly direction along said north margin to an intersection with the . ",!::"Ji,,".fi ~ ~f'..>: L: " ,: " .".. ._...._~.. j ~ i.,.ol ,,~ g "" " '.' ~'1rl :~ ::"% :t~.: . . .. :', ., 14 EXHIBIT Z- PAGE Il( OF s~ northerly extension of the westerly right-ot-way margin of 51 st Avenue South; Thence in a southerly direction along said northerly extension, the west margin of said 51 st Avenue South, and the southerly extension thereof to an intersection with the south right-ot-way margin of South 304th Street; Thence in an easterly direction, 12.00 feet, more or less, along said south margin of South 304thStreet to the west right-of-way margin of 51st Avenue South; Thence in a southerly direction along said west margin of 51 st Avenue South a distance of 250 feet; Thence in an easterly direction perpendicular to said west margin of 51 st Avenue South to the east right-of-way margin of 51 st Avenue South; Thence in a southerly direction along said east margin of 51 st Avenue South to an intersection with the southeasterly right-of-way margin of South 321 st Street; Thence ina southwesterly.and westerly direction along the southeasterly and the south margin of said South 321st Street to an intersection with the ,easterly right'- of-:-way margin of South Peasley Canyon Road; Thence in a southeasterly direction along said easterly margin to an intersection with the northerly right-of-way margin of State Route 18 (P.S.H.No. 2); Thence in an easterly direction along said northerly margin to an intersection with the east line of said Section 15; Thence in a southerly direction along said east line to the southerly right-of-way margin of relocated Peasley Canyon Road as described in Governor's Deed as Parcelll, recorded under King County Recording Number 7308300450; Thence in an easterly direction along said southerly margin to an intersection with the east line of the west half of the west half of said Section 14; Thence in a southerly direction along said east line to an intersection with the north right-of-way margin of South 336th Street; Thence in an easterly direction along said north margin to an intersection with the City Lirriits of Auburn as annexed under Auburn City Ordinance No. 2543; Thence in a southerly and easterly direction along said City Limits to an intersection with the City Limits of Algona as annexed under Algona City Ordinance No. 630; Thence in a southerly direction along said City Limits to an intersection with the ':':Uj :~!\ " '.. . 15 EXHIBIT Z PAGE /5 OF Sc, ."':4. ......_~_ ~"'i ~., ~ ~t:M1 ~ ~t~'1 } :.'.. : :'~ south line of Lot 16, of Block 39, in the~Plat of Jovita Heights, recorded in Volume 20 of Plats, Page 12, records of King County, Washington; Thence in an easterly direction along said south line to an intersection with the westerly right-of-way margin of 59th Avenue South; Thence in a southerly direction along said westerly margin of 59th Avenue South to the Northeast corner of Lot 6 of Block 83, in said Plat of Jovita Heights; Thence in a westerly direction along the north line of said Lot 6, a distance of 100 feet, more or less, to an intersection with a line parallel to and 100 feet west of the westerly right-of-way margin of 59th Avenue South; Thence in a southerly direction along said parallel line, a distance of 225 feet, more or less, to an intersection with the south line of Lot 80f said Block 83; Thence in an easterly direction along said south line to an intersection with the westerly right-of-way margin of 59th Avenue South; .' Thence ina southerly direction along said westerly margin of 59th Avenue South' to an intersection with the City Limits of Algona,as annexed under Algona City Ordinance No. 760; . ..:. \ .. Thence in a westerly direction along said City Limits to the Northwest corner of that portion as annexed under Algona City Ordinance No. 760; Thence continuing westerly along the centerline of South 360th Street as vacated by Vacation Ordinance 5588 to the northerly extension of th~ easterly right-of- way margin of 57th Avenue South; Thence in a southerly direction along said northerly extension and along the easterly margin of 57th Avenue South to the easterly extension of the south right- of-way margin of South 360th Street; . Thence in a westerly direction along said easterly extension and along said south margin of South 360th Street to the easterly right-of.:way margin of 55th Place South; Thence in a westerly direction to the southeasterly corner of Lot 30 of Block 86, in said Plat of Jovita Heights; Thence in a northwesterly direction along the southerly line of said Lot 30 to the southwesterly corner of said Lot 30, said corner being on the line common to Lots 25 through 30 and 8 through 13 of Block 86, in said Plat of Jovita Heights; Thence in a southwesterly direction along said common line to the southeasterly '-;; i ..H: i r"'~:~ ~. ':'1 .":' .-".,...,'-"......-.."'.. _ . t.~... J . ',' 16 EXHIBIT z PAGE l(p OF 5b . _._ _1 0....."..:....___ ;:~ :~~:~ corner of Lot 13 of Block 86, in said Plat of Jovita Heights; Thence in a northwesterly direction along the southerly line of said Lot 13 to the southeasterly right-of-way margin of 54th Place South; . Thence in a southwesterly and southeasterly direction along the southeasterly and northeasterly margin pf 54th Place South to the easterly extension of the south right-of-way margin of South 360th Street; . Thence in a westerly direction along said easterly extension and along said south margin of South 360th Street to an intersection with the easterly right-of-way margin of 51st Avenue South; Thence in a southerly direction along said east margin to an intersection with the easterly extension of the southerly right-of-way margin of South 360th Street; Thence in a westerly direction along said easterly extension and the south margin thereof to an intersection with the easterly right-of-way margin of Military Road South; Thence in a southwesterly direction along said easterly margin to an intersection with the north line of the south half of said Section 34,Township 21 North, Range 4 East; Thence in a westerly direction along said north line and along the north line of the south half of said Section 33, Township 21 North, Range 4 East, to an intersection with the southwesterly right-of-way margin of Enchanted Parkway South (SR-161); Thence in a northwesterly direction along said southwesterly margin of Enchanted Parkway South (SR-161) to the northeasterly corner of Lot 14 of the Plat of Stone Creek recorded in Volume 211 of Plats, Page 93 thru 98, records of King County, Washington; Thence in a southwesterly direction along the northwesterly line of said lot 14 to the northeasterly right-of-way margin of 27th Place South; Thence in a southeasterly direction along said northeasterly margin of 27th. Place South to the north line of the south half of said Section 33; Thence in a westerly direction along said north line to the southwesterly right-of- way margin of 27th Place South; Thence in a northwesterly direction along said southwesterly margin of 27th Place South to the northeasterly corner of Lot 3 of said plat of Stone Creek; :: :1' ~:.~. ~, t~i~~ .]L~" :", .. "'~.i (~~ '::)<\ " 17 EXHIBIT 2- PAGE I?- OF St; Thence in a westerly direction along the northerly line of said lot 3 to the northwesterly corner of said Lot; Thence in a southeasterly direction along the westerly line of said Lot 3 to the north line of the south half of said Section 33; Thence in a westerly direction along said north line to the Gity Limits of Federal Way as annexed under Federal Way City Ordinance No. 04-480; Thence in a northerly and northwesterly direction along said City Limits to an intersection with the City Limits of Federal Way as annexed under Federal Way City Ordinance No. 98-311; Thence in a northwesterly direction along said City Limits. to an intersection with the City Limits of Federal Way as annexed under King County Ordinance No. 8779; Thence in a northeasterly direction along said City Limits to an intersection with the City Limits of Federal Way as annexed under Federal Way City Ordinance No. 94-220; Thence in an easterly, southeasterly, and northeasterly direction along said City Limits to an intersection with the City Limits of Federal Way as annexed under . Federal Way City Ordinance No. 04-479; . Thence in a northeasterly, northwesterly, and westerly direction along said City Limits to an intersection with the City Limits of Federal Way as annexed under Federal Way City Ordinance No. 94-220; Thence in a northerly and westerly direction along said City Limits to an intersection with the City Limits of Federal Way as annexed under Federal Way City Ordinance No. 98-332; Thence in a northerly, easterly, northerly, and westerly direction along said City Limits to an intersection with the City Limits of Federal Way as annexed under Federal Way City Ordinance No. 99-358; Thence in a northerly and southwesterly direction along said City Limits to an intersection with said City Limits of Federal Way as annexed under Federal Way City Ordinance No. 98-332; Thence in a southwesterly; southerly, westerly,. southerly, and westerly direction along said City Limits to an intersection with the City Limits of Federal Way as annexed under King County Ordinance No. 8779; Thence in a northerly direction along said City Limits to the point of beginning. l"'r4..1~"" fIIi"~ l~ , .,~' ~ ;" _... 0.' ,~_ :}? :1.{.~~ :: 18 ~XH~8IT 2- PAGE /~ OF s, ~..t . '-;..' ~ ..~ ~ . . ("...,,; ~ ;:..", . . '" .. _...ri.._ _.~ .~ .1 {.;~" ~ ~ ;.. Exhibit B Development Permit Processing in the Annexation Area from and after the date of Annexation Pursuant to the INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND KING COUNTY, RELATING TO THE ANNEXATION OF THE FEDERAL WAY POTENTIAL ANNEXATION AREA dated 2007 (the "Agreement"). 1. Pre-annexation Building Permit Applications Filed with King County. 1.1 Except as otherwise specified herein, the County shall continue to review on behalf ofthe City all vested building permit applications filed with the ~ounty before the effective date of annexation that involve property within the Annexation Area. Review by the County.shall occur in accordance with the regulations under which the applications are vested or to which they are otherwise subject. Any decisions regarding whether or when an application vested shall be made by the City. 1.2 . As.defined herein, building permits include but are not limited to building permits, mechanical permits and fire systems/fire sprinkler permits. 1.3 County review of building permits pursuant to this Exhibit shall include decisions to approve, condition or deny applications; follow-up inspections; issuance of . extensions or completion of extensions; and issuance of ancillary permits, such as fire and mechanical permits that are essential for completi<;m of each original project permit. The County agrees to consult with the City prior to rendering any administratively appealable building-related permit decision. I 1.4 The City shall have sole discretion and responsibility on the assessment of required performance and the enforcement or release of financial guarantees required of an applicant to secure compliance with permit or development-related requirements. Notwithstanding the foregoing, upon special written request by the City, the Colinty may. agree to assist the City in determining whether to enforce or release particular financial . guarantees. Such assistance from the County shall not include the initiation or undertaking of legal actions. 1.5 The County shall review and render decisions on requests for changes to approved building-related plans up to the time that either a certificate of occupancy is issued or final construction approval has been issued for the project, whichever is earlier. Following issuance of a certificate of occupancy or final construction approval, r.equests for changes to the approved set of plans shall be referred to the City. The City intends to process such requests as new permit applications. :t r:4 ';. ~ ,; .'lJ. l:'t,. _~ ~. ~ ,~l... \,' . 'j'. -. . 19 ~XHIBIT z. PAGE It OF S~ ~~ ~ C'f :~ .;~~~:~.; '" . '. J 2. Pre-annexation Land Use Permit Applications Filed with King County. 2.1 Except as otherwise specified herein, the County shall continue to review on behalf of the City all vested land use permit applications filed with the County before the effective date of' annexation that involve property within the Annexation Area. Review by the County shall occur in accordance with the regulations under which the applications are vested or to which they are otherwise subject. Any decisions regarding whether or when an application is vested shall be made by the City. 2.2 As defined herein, land use permits include but are not limited to conditional use permits, site plan approvals, rezones, reasonable use permits, special use permits, variances, SEP A reviews, shoreline permits and exemptions, short subdivisions, formal subdivisions (preliminary plats and final plats), boundary line adjustments, lot line elimination, binding site plans, plat alterations and amendments, right.;,of-way permits, clearing and grading permits, and other land use and engineering permits and approvals. 2.3 For those vested land use applications that do not require a public hearing prior to issuance, the County shall render a decision to approve, condition or deny application~; yonduct follow-up insp~dions; and issue extensions or completion of extensions. . 2.4 For thOSe vested lcmd use applications that require quasi-judicial or legislative approval or that involve administrative appeais, the County shall prepare a report arid recommendation to the City's designated decision-maker for a final decision. Except as provided in Section 5, the City's decision-maker shall not be a County employee. The City shall be responsible for scheduling, providing notice, conducting. any public hearings or appeals and making any final decision on such applications. County staff shall attend the public hearing to testify with respect to analysis set forth in the County's report and recommendation. 2.5 For those subdivisions and short subdivisions that have been granted preliminary approval prior to incorporation or annexation or under Section 2.4, the County shall continue its review through engineering plan approval, final plat or short plat approval, construction inspection approval and maintenance/defect approval phases. For each ofthese post-preliminary review phases, the County shall prepare a recommendation for the City's designated decisionmaker. All final decisions on any of the post-preliminary review phases shall be rendered by the City. At the request of the City, County staff shall appear before the City Council to discuss analysis set forth in the CoUnty's final plat approval recommendation. 2.6 The City shall have sole discretion and responsibility on the assessment of required performance and the enforcement or release of financial guarantees required of the applicant to sepure compliance with permit or development-related requirements. Notwithstanding the foregoing, upon special written request by the City, the County may agree to assist the City in determining whether to enforce or release particular financial guarantees. Such assistance from the County shall not include the initiation or undertaking of legal actions. . . :,'. "',.! .: ,." . :~. a"'~ ..,.' , if ~ 'Y ,"" I ..... ." . ........,... ,~f ...,;; '. t ~ ".". " ., t" :';'':; .t . ~l '. :. 20. EXHIBIT Z- PAGE 20 OF 7~ 3. Permit Renewal or Extension. The City shall have ultimate authority to determine whether or not to renew a building permit or to renew or extend a land use permit under review or issued by the County in the Annexation Area. 4. Optional Exclusion of Particular Applications. The City or County may at any time exclude from the provisions of this Exhibit any particular permit(s) or application(s) upon providing to the County or City fifteen days advance written notice. If the City provides written objection to the County's exclusion within ten days thereafter, the County shall continue processing of the application. Upon excluding any permit or application from review under this Exhibit, the County shall transmit the file to the City and the City shall assume responsibility for all further processing of such permit(s) or application(s). 5. Optional Hearing Examiner Review. Notwithstanding any other provision in this Exhibit, upon written request by the City, the County may agree to have the King County Hearing Examiner conduct public hearings or appeals on behalf of the City for particular land use or building permit applications. Decisions regarding whether to utilize the County Hearing Examiner for appeal or hearing recommendations or decisions shall be made by the City and County on a~aseby case basis. 6. SEP A Compliance. 6.1. In order to satisfy the procedural requirements of the State Environmental Policy Act ("SEP A"), the County shall serve as lead agency for all applications processed by the County pursuant to this Exhibit. . 6.2 Except as provided in Section 5 hereof, appeals from SEP A threshold determinations and other SEP A matters relating to projects within the City shall be heard by the City. 7. Permit Condition and Code Enforcement. 7.1. Enforcement of Code Requirements. Within sixty days following the date the annexation becomes effective, the County shall provide the City with a list and brief explanation of all Annexation Area code enforcement cases under review by the County at the time of annexation and shall provide file documents to the City upon request. 7.2 The City shall be responsible for undertaking any code enforcement actions following the date of annexation. 8. Fees and Reimbursement. 8.1 In order to cover the costs of processing building and land use permit applications and performing SEPA review in accordance with the terms of this Exhibit, the County is authorized to collect and retain such application and other fees authorized by the County fee ordinances, which shall be adopted by the City and as may be modified at some future date by the County and the City. it" :q'''H t"..,i \" ". l' '''-'_'''''~_' .', ~- ;( 1;,....:$ < ", it.f} ';. "'" '.",0..' &i)W ,f'';, W11 r:, l \' i.' "~.,q ::1.. !:.,~.f' ... ." . ~ ""......,..,..:...~~....'...'_I".'.I" 2. ..-..... , ~. 21 EXHIBIT :z. PAGE 2-r OF 5""? 8.2 For all applications upon which the County has initiated review and, that are subsequently excluded from County processing or transferred to the City pursuant to the terms of this Exhibit, the County will retain the base permit fee and a percentage of fees equivalent to the percentage of permit processing and adininistration performed by the County on the application. Any remaining application fee amounts received by the County prior to exclusion or transfer shall be promptly forwarded to the City. . 9. Duration. This Exhibit shall take effect upon the effective date of the annexation of the Annexation Area and shall continue in effect for a period of five years thereafter, unless otherwise terminated or extended. Either party may terminate this Exhibit upon providing at least one hundred and twenty days (120) days written notice to the other party. The Exhibit may be extended as provided in Section 11. 10. Termination Procedures. Upon termination ofthis Exhibit, the ~ounty shall cease further processing, enforcement, and related review functions with respect to applications it is processing under this Exhibit. . The County shall thereupon transfer to the City those application files and records, posted financial guarantee instruments, and unexpended portions of filing fees for pending land use and building-related applications within the Annexation area. Upon transfer, the City shaJ.} be,responsible for notifying affected applicants that it has assumed all further processing responsibility. . . 11. Extension. Pursuant t~ a mutual a~eemeiit between the parties, this . . Exhibit may be extended for five additional years or for a lesser agreed upon period. In order to extend the otherwise applicable termination date ofthis Exhibit, the City shall make a written request to the County not less than sixty (60) days prior to the otherwise applicable termination date. Ifthe parties have not agreed to the extension in writing by the termination date, the Exhibit terminates. :. . 12. Indemnification. 12.1 The County shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Exhibit. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense, provided that the City retains the right to participate in said suit if any principal of governmental authority is involved, and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees, or any of them, the County shall satisfy the' same. 12.2 The City shall indemnify and hold harmless the County and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission ofthe City, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Exhibit. In the event that any suit based "~". f f::.J \ t-"+ :J' ','.~ ,'''-:~''f'~.,~#,~__...~.._._,_............ 'If l '\........ ." !f <' ... ....",.!" " ~. ..,..,...:...._. .:~ O.___..,~,....._. 1 ~ :.""\': . 22 EXHIBIT 2- PAGE zz-OF 5G upon such a claim, action, loss, or damage is brought against the county, the City shall defend the same at its sole cost and expense, provided that the County retains the right to participate in said suit if any principal of governmental authority is involved; and if final judgment be rendered against the County and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees or any of them, the City shall satisfy the same. 12.3 The City and the County acknowledge and agree that if such claims, actions, suits, liability, loss, costs, expenses and damages are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this section shall be valid ,and enforceable only to the extent of the negligence of each party, its agents, employees and/or officers. 13. Personnel. Control of personnel assigned by the County to process applications under this Exhibit shall remain with the County. Standards of performance, discipline and all other aspects of performance shall be governed by the County. 14. Administration. This Agreement shall be administered by the Director c,>f the King County Development and Environmental Services or his/her designee, ~nd " the City Manager, or his/her designee. 15. Legal Representation. The services to be provided by the County pursuant to this agreement do not include legal services, which shall be provided by the City at its own expense. 16. Defined Terms. Terms used in this Exhibit not otherwise defined shall have the meaning as set forth in the body of the Agreement. ;;;J(1 !:" (" 23 EXHIBIT 2- ~AGE 2.3 OF $ ~ _'~" ..,.' '" ~,... ~ t?! ~ t,.,.~ J :~> I~~~.~, ,:)( Exhibit C Property Description General Description and Names of County Parks Transferring to the City of Federal Way Name of park Amenities/facilities Bingamon Pond Natural Area Camelot Park . Five Mile Lake Park 16.72 acres 0 en s ace with internal trail 18.08 acres undevelo ed 0 en s ace 31.94 acres developed with ballfields, swimming beach and related facilities, fishing pier, parking lot, picnic area, 'play equipment area, tennis courts, internal trails 18.64 acres developed with boat launch, play field, parking lot, picnic areas, play e ui ment area, restroom, soccer fields .24.60 acres developed with 5 baseball fields, arking lpts, icnic shelter Seven' arcels Lake Geneva Park South Comity Ballfields/ Athletic Complex Greenbelt ro erties .,. ';::/.~ ;;; :: :J., (,:~. l~::;~ .:~' . 1 'J )I ,r ; i ~"'; ;... ., "1-' .,.....",... (!; !\ :!:l....~,..;. , fi4' ':1..~;_.lio ~:{ f.t. , ",.... ? r1 ,.:i: ::.~ 24 EXHIBIT Z PAGE z-vOF 5~ Exhibit D Intergovernmental Land Transfer Agreement Between King County and the City of Federal Way Relating to the Ownership, Operation and Maintenance of Parks, Open Space, Recreation Facilities and Programs This Agreement is made and entered into this day by and between the City of Federal Way, hereinafter called "City", and King County, hereinafter called "County". . WBEREAS the City desires to own, operate, and maintain parks, open space, recreation facilities and programs and other municipal programs, facilities arid property inside its boundaries; and WHEREAS the County, under the authority ofRCW 36.89.050, King County Resolution 34571 and other federal, state and county laws, has acquired and developed a substantial park, recreation and open space system that depends on the continued operation of its many individual properties and facilities in order to fully serve the needs of the residents of King County and the cities within it; and WHEREAS the County desires to divest itself of ownership, management, and financial responsibility for local parks, open space, recreational facilities and programs in the City's Potential Annexation Area, specifically, Bingamon Pond Natural Area, Camelot Park, Five Mile Lake Park, Lake Geneva Park, and South County Ballfield! Athletic Complex (collectively, the "Local Park Properties" as further described in Exhibit B-1 through B-5); and WHEREAS, the County also owns certain undeveloped properties within the City's Potential. Annexation Area which were acquired to be preserved as greenbelts, as further described in Exhibit B-6 (collectively, the "Greenbelt Properties"); arid WHEREAS the County is legally restricted from converting many of these parks, open space, and recreational facilities from their current use.s without expending funds to replace the converted facilities; and WHEREAS given the legal restriction regarding conversion of the Local Park Properties and Greenbelt Properties (collectively, the "Park Properties"), the marketability of the properties is limited and, as a result, the cost of operating the Park Properties is approximately equal to the value ofthe Park Properties to the County; and WHEREAS to the extent the City provides scholarships, reduced fees or other means of assuring access to parks and recreational programming for City residents, the City has a goal of ensuring that such scholarships or other needs-based rates and programs are available to all persons desiring to use the park and recreational programs 'regardless of residency; and ' :1 n I:....-...~.r' ,..~.;i>;;_.'.i ,it;. " ')l .~::.!I,.;". ." ....~4~.....""~..:-<' .' . . 25 EXHIBIT Z- PAGE 2-~ OF $ ~ '- ~"'.., '~'''~'~ . ~ 1 t:! ~ ~_~I~ ;<. ~~J WHEREAS it is in the best interest of the public that the City and the County take those actions necessary to meet those desires and to cooperate in any transition to insure a smooth transition and avoid service disruption in the transfer of the Park Properties; NOW, THEREFORE, in consideration ofthe mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and the County agree as follows: 1. Conveyance of Title 1.1 Upon the effective date of the annexation by the City of the area in which the Park Properties are located, King County shall convey to the City by bargain and sale deed all its ownership interest, and/or, when possible, by assignment, any leasehold interest or shared use responsibility, in the following listed park/recreation site(s), which are described more fully in B-1 through B-S (the "Local Park Properties"): N ames of County Local Parks Transferring to the City of Federal Way 1.2 Upon the effective date of the annexation by the City of the area in which the Park Properties are located, King County shall convey to the City by quitclaim deed in substantially the form in Exhibit C, attached hereto and incorporated herein by reference, to the City, and the City shall accept, the Greenbelt Properties identifIed in Exhibit B-6 attached hereto and incorporated herein by reference, and which conveyance and acceptance shall be subject to all rights, conditions, covenants, obligations, limitations and reservations of record for such property interests. The.City agrees to abide by and enforce all rights, conditions, covenants, obligations, limitations and reservations for the Greenbelt Properties. 1.3.All deeds for transfer ofthe Local Park Properties shall contain the following specific covenants pertaining to use, which covenants shall ruri with the land for the benefit of the County and the County land that makes up its public park, recreation and open space system. The County and the City agree that the County shall have standing to enforce all of these covenants, which shall be set forth as follows: "The City, as required by RCW 36.89.050, covenants that the Property shall be continued to be used for open space, park, or recreation facility purposes or that .~ ~.:~4~~~~::'; r, . >tA .\ ~ ~.i ,. " '(".. --, ~1 f1 - ::~ :~~)! d!~ :. .~~~ . ~ .........'_.~~. -.... '\ ....,. ..~..~.....;:...._....-...... .26 ~XHIBIT 2- PAGE Z4 OF >" other equivalent facilities within. the County shall be conveyed to the County in exchange therefore." "The City covenants that itshall place the covenants herein in any deed transferring the Property or a portion of the Property for public park, recreation or open space uses. " 1.4 The deeds for the Camelot Park, Five Mile Lake Park and Lake Geneva Park. shall also contain the following specific covenants pertaining to use, which covenants sha:Il run with the land for the benefit of the County and the County land that makes up its public park, recreation and open space system~ The County and the City agree that the County shall have standing to enforce these covenants, which shall be set forth as follows: "The City covenants that it shall abide by and enforce all terms, conditions arid restrictions in King County Resolution 34571, including that the City covenants that the Property will continue to be used for the purposes contemplated by Resolution 34571, that the Property shall not be transferred or conveyed except by agreement providing that such lands shall continue to be used for the purposes . contemplated by'Resolution 34571, and that the Property shall not be converted to a different use unless other equivalent lands and facilities within the County or City shall be received in exchange therefore." ", i.': .. " , "The City covenants that it shall not use the Property in a manner that would cause the interest on County bonds related to the Property to no longer be exempt from federal income taxation." 1.5 The deeds for the Bingamon Pond Natural Area shall also contain the following specific covenants pertaining to use, which covenants shall run with the land for the benefit of the County and the County land that makes up its public park, recreation and open space system. The County and the City agree that the County shall have standing to enforce these covenants, which shall be set forth as follows: "The City acknowledges that the Property was purchased for open space purposes with funds from Open Space Bonds authorized in 1989 by King County Ordinance 9071 and covenants that it shall abide by and enforce all terms, conditions and restrictions in Ordinance 9071, including that the City covenants that the Property will continue to be used for the purposes contemplated by Ordinance 9071, which prohibits both active recreation and motorized recreation such as off-road recreational vehicles but allows passive recreation, that the Property shall not be transferred or conveyed except by agreement providing that the Property shall continue to be used for the purposes contemplated by Ordinance 9071, and that the Property shall not be converted to a different use unless other equivalent lands and facilities within the County or the City shall be received in exchange therefore. " ~ ~.. .-, ,...~ ,oft} '''(.. " F -,..,_.r.o;. ,.. ; .' I! .0' ..'"....,>.. ~ ''On' ....;.._~" .~. " ~". . . 27 EXHIBIT 2- PAGE 2 '1- OF ~ c. f' J ('J l1...,~' ';. '.. ;;" . ,.. ._........_..'" ,,_,,_ & if ~ .J... J.~".", ~ "The City covenants that it shall not use the Property in a manner that would cause the interest on County bonds related to the Property to no longer be exempt from federal income taxation." "The City further covenants that it will not limit or restrict access to and use of the Property by non-city residents in any way that does not also apply to city residents. The City covenants that any and all user fees charged for the Property, including charges imposed by any lessees, concessionaires, service providers, and/or other assignees shall be at the same rate for non-City residents as for the residents of the City." 1.6 The deeds for the Camelot Park, Five Mile Lake Park, South County Ballfields/Athletic Complex and Lake Geneva Park shall also contain the following spedfic covenants pertaining to use, which covenants shall run with the land for the benefit of the County and the County land that makes up its public park, recreation and open space system. The County and the City agree that the County shall have standing to enforce these covenants, which shall be set forth as follows: "The City further c~}yenants that 'it will not iimitor restrict access to and use of the Property by non-city residents in any way that does not also apply to city residents. The City covenants that if differential fees for ~on-city residents are imposed, they will be reasonably r,elated to the cost bom~ l:>Y city taxpayers to maintain, improve or operate the Property for parks and recreation purposes. .... 1.7 The deeds for the Greenbelt Properti~s shall contain the r~strictions intended to preserve the use of said properties as greenbelts restricted to use as open space and passive recreation, as were placed on the properties at the time of their conveyance to King County, all as more specifically described in said deeds. The City covenants that it shall place said restrictions in any deed conveying any or a portion of the Greenbelt Properties. 1.8 The Local Park Properties being conveyed include the personal property, equipment and supplies listed on Exhibit A-I. The County will leave such existing property, equipment and supplies on site. The City takes such property, equipment and supplies AS IS and WHERE IS and agrees that the County holds no future responsibility with regard to the equipment and supplies or any occurrence related to or resulting from use of the equipment and supplies. 2. Existing Restrictions, Agreements, Contracts or Permits 2.1 The City shall abide by and enforce all terms, conditions, reservations, restrictions and covenants of title at the time of conveyance and/or in the deed of conveyance. . ":.r.\;." '. 'l . ~ \ '7' , ~\ il 'H ~ lio<'i :;' ", >i! _ -'__-_. ~'_.,..,",.. __" ~ .t..;", ". ...,,~. ',' :lO _ . ,,__ _~ '" ~:~\ :1:: 28 EXHIBIT Z PAGE zg- -OF ,_ ~ c. 2.2 The City has reviewed Project Agreement for Project No. 80-053A between King County and the Washington State Interagency Committee for Outdoor Recreation ("lAC") (Recording nunlber 198208190451), for funding for the acquisition of Lake Geneva Park, and agrees that it shall execute im amendment to the Project Agreement that substitutes the City for the County as the "Contracting Party" in the Project Agreement so that the City shall become the "Project Sponsor." The City shall execute this amendment within fifteen (15) days of execution of said amendmerit from lAC. 3. Condition of Premises and Responsibility for Operations. Maintenance. Repairs. Improvements. and Recreation Services 3.1 The City has inspected and knows the condition of the Park Properties and a2rees to accept the Park Properties in AS IS condition. and to assume full and complete responsibility for all operations. maintenance. repairs. improvements of. and provision of recreational services at. the Park Properties. 3.2 Kin2 County does not make and specifically disclaims any warranties. express or implied. includin2 any warranty of merchantability or fitness for a particular purpose. with respect to the Park Properties. and no official. employee. representative "Or a2entof Kin2 County is authorized otherwise. 3.3 The City acknowled2es and a2rees that except as indicated in para2raph 4.2. the County shall have no liability for. and that the City shall release and have no recourse a2ainst the County for. any defect or deficiency of any kind wh'atsoever in the Park Properties without re2ard to whether such defect or deficiency was known or discoverable by the City or the County. 4. Environmental Liability 4.1 "Hazardous Materials" as used herein shall mean any hazardous. dan2erous or toxic wastes. materials. or substances as defined in state or federal statutes or re2ulations as currently adopted or hereafter amended. 4.2 Nothin2 in this a!!reement shall be deemed to waive any statutory claim for contribution that the City mi!!ht have a!!ainst the County under federal or state environmental statutes that arises from hazardous materials deposited or released on the Park Properties by the County durin!! the County's period of ownership. The City may not. however. assert such a claim to the extent that the City creates the need for or exacerbates the cost of remediation upon which a statutory claim for contribution is based as a result of the City performin!! construction activities on the Park Properties. chan!!in2 the confi!!uration of the Park Properties. or chan!!in!! the use of the Park Properties. . ::1n. l ~'i"..;.. . ~~t,t~ '. 29 EXHIBIT 2- PAGE Z1 OF S c, ~.., . . .., '," . ..' ,. " ., ',...~ ".."" .. .. . ,.' .-~ _ -. :0\ ~.... .f' ..... ..~, J . '>c' ,,& ...t ".1 ..." 4.3 If the City discovers the presence of hazardous materials at levels that could 2ive rise to a statutory claim for contribution a2ainst the County it shall immediately notify the County in writin2. Such notice shall in no event be provided more than 10 days after discovery. The parties shall make their best efforts to reach a2reement as to which party is responsible for remediation under the terms of this A2reement prior to undertakin2 any remediation. 4.4 In no event shall the County be responsible for any costs of remediation that exceed the minimum necessary to satisfy the state or federal a2encv with jurisdiction over the remediation. S. Indemnification and Hold Harmless 5.1 King County shall indemnify and hold harmless the City and its elected officials, officers, agents or employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, (i) which are caused by or result from a negligent action or omission of King County, its officers, agents and employees in performing its obligations pursuant to this Agreement, and/or (ii) arising from those occurrences related to the Park Properties that occurred prior to. the effective date of conveyance of the Park Properties to the City, except to the extent that indemnifying or holding the City harmless would be limited by. Section 4 of this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against the City or the City and King County, King County shall d~fend the same at its sole cost and expense and, if final judgment be rendered against the City and its elected officials, officers, agents and employees or jointly against the City and King County and their resp~ctive elected officials, officers, agents and employees, King County shall satisfy the same. 5.2 In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, rul~ or regulation is at issue, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County or both, the City shall satisfy the same, including all chargeable costs and attorney's fees. 5.3 The City shall indemnify and hold harmless King County and its elected officials, officers, agents and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, (i) which are caused by or result from a negligent act or omission of the City, its officers, agents and employees in performing obligations pursuant to this Agreement, and/or (ii) arising from those .' ~' ;, t:;{ 1€'~ ~~ .:,"; \ ~~~ : 'i~~i (:~ ;~:~ .~: '. 30. EXHIBIT 2 PAGE 30 OF 5' t:; oGcurrences related to the Park Properties that occurred on or after the effective date of conveyance of the Park PropertiesJo the City, except to the extent that indemnifying or holding the County harmless would be limited by Section 4 of this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against King County or King County and the City, the City shall defend the same at its sole cost and expense and, if final judgment be rendered against King County and its officers, agents and employees or jointly against King County and the City and their respective officers, agents and employees, the City shall satisfy the same. 5.4, Each party to this Agreement shail immediately notify the other of any and all claims, actions, losses Or damages that arise or are brought against that Party relating to or pertaining to the Park Properties. . 5.5 Each party agrees that its obligations under this Section 5 extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or . agents. For this purpose, each party, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify the other party. 6~ Audits and Inspections 6.1 Until December 31,2013, any of either party's records related to any matters covered by this Agreement not otherwiseprivileged 'sh~ll be subject to inspection, review, and/or audit by either party at the requesting party's sole expense. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. 7. Waiver and Amendments 7.1 Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term or condition shall be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 8. Entire Agreement and Modifications 8.1 The parties to this Intergovernmental Agreement acknowledge that it is a negotiated agreement and that, together with its Exhibits and that certain Agreement dated _ between the parties entitled INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND KING . COUNTY, RELATING TO THE ANNEXATION OF THE FEDERAL WAY POTENTIAL ANNEXATION AREA, ("Annexation Agreement") sets forth the entire agreement between the parties with respect to the subject matter hereof. There are no understandings or agreements between the parties respecting the . , ~ " ~~~',~..,~_~. 1 ~ ~~1 ;~ kk~~ ~~ :' . ~ i 1!ll'~,"",',~,',.,'. . .::r ", ::~~~:"~; ~.. 31 EXHIBIT 2 FAGE ?I OF ?C r . .. ~.~.. subject matter hereof, written or oral, other than as set forth herein and in the Annexation Agreement. 9. Duration and Authority 9.1 This agreement shall be effective upon signature and authorization by both parties. The terms, covenants, representations and warranties contained herein shall not merge in the deed of conveyance, but shall survive the conveyance and shall continue in force unless both parties mutually consent in writing to termination. 10. Notice 10.1 Any notice provided for herein shall be sent to the respective parties at: King County: City: 1. ~5. . ~ j' Kevin Brown ' Manager, Parks and Recreation Division; DNRP Suite 700, King Street Center 201 S. Jackson Street Seattle, W A 981 04 Neal Beets .City Manager City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6210 . IN WITNESS WHEREOF, the parties have executed this Agreement. King County City of Federal Way King County Executive City Manager Date Date Approved as to Form: Approved as to Form: King County . .senior Deputy Prosecuting Attorney City Attorney ~1n :., ';,:-':!i \" ; 32 EXHIBIT Z PAGE 5Z, OF ~? ';; ! ..t~ '~ tr,~ 2 -~ .' .~ Date Date . ":/~' ~~ :,;.~ \ ~A~, 1:> :;':"'~"~ .... ........ ~~..... ... 11 It; ",,,,.. ... I t: * ';l ~ ,..~ 33 EXHIBIT 2- PAGE 3~ OF _ 5~ "l 0.. ~<. ,~.. . , .~ 3 ~:.~ ,.\ "" / STATE OF WASHINGTON) ) SS COUNTY OF KING ) On this day of , 200_, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared, to me known to be the individual described in and who executed the forgoing instrument, and acknowledged to me that signed and sealed the said instrument as free aild voluntary act and deed for the uses and purposed therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in and for the State of Washington, residing at City and State ~. ; .My appointment expires STATE OF WASHINGTON) ) SS COUNTY OF KING ) On this day of , 200_, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared, to me known to be the individual described in and who executed the forgoing instrument, and acknowledged to me that signed and sealed the said instrument as free and voluntary act and deed for the uses and purposed therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in and for the State of Washington, residing at City and State My appointment expires :~~{)i ~~I~ . .-.... '''i . ~ "i 34 EXHIBIT 2- PAGE ;" OF ~(, 8. '~.:'" ~ iZ~~~~ l j~' t~i / ,', .:" >: EXHIBIT A King County Local Parks and GreenbeltProperties Transferring to . the City of Federal Way (Collectively, the "Park Properties") Name of park Amenities/facilities Bingamon Pond Natural Area 16.72 acres open space with internal trail Camelot Park 18.08 acres undeveloped open space Five Mile Lake Park 31.94 acres developed with ballfields, swimming beach and related facilities, fishing pier, parking lot, picnic area, play equipment area, tennis courts, internal trails Lake Geneva Park 18.64 acres developed with boat launch, play field, parking lot, picnic areas, play equipment area, restroom, soccer fields South County Ballfields/ Athletic Complex 24.60 acres developed with 5 baseball' fields, parking lots, picnic shelter Greenbelt Properties Seven parcels . :l (\ =i... :.~'~:; , }~ ' ., ~ .".......... .. "J _.. . . ~~"... _. ' 35 EXHIBIT 2- PAGE >5 OF 5" ce, ~..'~ . ~_,~_~,~'~':~,.,"'..,.~~.~.ff~'t 1 ~i::~ j ~;~'~ ~~ :.'.: \. Exhibit A-I Personal Property, Equipment and Supplies to be Transferred with Local Parks Properties Five Mile Park Garbage cans - 25 Picnic tables - 25 Float line - 1 Bleachers - 2, aluminum standard size Irrigation controller - 1 Lake Geneva Park Garbage .cans - 6 Bleachers - 2, aluminum standard size Soccer goals - 4, steel with nylons nets Irrigation controller - 1 South County Ballfields/Athletic Complex Garbage cans - lO . , ,. Bleachers -10, aluminum standard size Irrigation controllers -.2 Additional Equipment: Chalk liners - 1 . Whiting - approximately 10 bags, 50 pounds per bag Paint liners - 1 Paint - approximately 5 cases of 12 cans to a case Safety slider bases - 15 Quick couplers - 6 Ballfield Rakes - 2 Infield drag - 1 Flex harrow - 1 Pitching rubbers - 7 Home plates - 6 ~' Fi 1~. .~. ~ .l....~; -r, ..' ( '. . .._< .... ,~. . ~ ('"~ ,<l 'ii .~., J ~~~ {'\ I. '. , :".~ ~- "J t .' -.t 36. EXHIBIT 2- PAGE "3 , OF ?'c EXHIBIt B Legal Descriptions Exhibit B-1 BINGAMON POND NATURAL AREA PARCEL A - TAX PARCEL NO. 342204-9059 The West half of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 34, Township 22 North, Range 4 East, W.M" in KingCounty, Washington: EXCEPT the West 115 feet of the North 15 feet thereof; TOGETHER WITH an easement for ingress and egress over the North 15 feet of the West 115 feet of the West half of the Southeast quarter of the Northeast quarter of the Southwest quarter of said Section AND OVER the West 15 feet of the Northeast quarter of the N~rtheast quarter of the Southwest quarter of said Section. SUBJECT TO: Easement dated December I, 1961, and recorded under King County Auditor's File No. 5359482; Easement dated July 2, 1955, and recorded under King County Auditor's File No. 4624497, and Easement recorded under King County Recording No. 7701260409. PARCEL B - T AX PARCEL NO. 342204-9283 The Northeast quarter of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 34, Township 22 North, Range 4 East, W.M., in King County, Washington. SUBJECT TO: '1) Non-Protest Agreement in which the owner agrees, in receiving a permit for temporary sewer service, not to protest the construction of a permanent sewer that will regularly serve the premises or the assessment that wjl1 be levied against the premises for its construction. In favor of: Federal Way Water and Sewer District, dated October 27, 1992, recorded November 5, 1992, under King County Recording No. 9211051972; 2) Any restrictions ofthe use of the land resulting fromthe rights of the public or riparian owners to use any waters which may cover or may formerly have covered the land; 3) Covenants, conditions, restrictions and other matters' imposed by instrument recorded December 27, ] 91 0, under King County Auditor's File No. 723048; 4) Agreement between Federal Way Water and Sewer District and Rule Investment Group, dated July 31, 1990, recorded August 8, 1990, under King County Recording No. 9008081581 (An Amendment to said Agreement was recorded under King County Recording No. 9112300711; and 5) Sensitive Area Notice recorded April 17, 1992, under King County Recording No. 9204170363. PARCEL C - TAX PARCEL NO. 342204,;,9284 The Southwest quarter of the Northeast quarter of the Southwest quarter of Section 34, Township 22 North, Range 4 East, W.M., in King County, Washington; EXCEPT the West 360 feet of the North 242 feet; AND EXCEPT the North 147 feet; AND EXCEPT the South 50 feet of the North 197 feet of the East 210 feet; AND EXCEPT County Road. (ALSO KNOWN ASa portion of Lot 4, King County Short Plat No. 677108, recorded under King County Recording No. 7809200909.) SUBJECT TO: 1) Right to enter, premises to make repairs and the right to cut brush and trees which constitute a menace or danger to the electric transmission line located in the street or road adjoining the premises granted to Puget Sound Power & Light Company, recorded March 15, 1946, under King County Auditor's File No. 3549390; 2) Easement and the terms and conditions thereof for purposes of ingress and egress affecting the North 60 feet of the West 180 feet of the North 242 feet ofthe SW 'l4 of the NE 'l4 of the SW 'l4 of Section 34, Township 22 North, Range ':i.f) :1 F:" "";':;.~ ~f' ;. .; . 37 EXHIBIT 2- PAGE ) :r OF S"c, ~A.~'-,~._~. '.._ li '~~::~ ~ t~..,~ jl~. ',' . . t.j 4 East, W,M., in King County, Washington, recorded July 18, 1955, under King County Auditor's File No. 4595444; 3) Covenants, conditions, restrictions, easements, dedications, notes and recitals, and the terms and conditions thereof contained on Short Plat recorded September 20, 1978, under King County Recording No. 7809200909; 4) Easement and the terms and conditions thereof granted to King County for drainage purposes affecting the East 15 feet of the West 435 feet of said premises and other property, dated June 19, 1995, under King County Recording No. 9506190910. PARCEL D - TAX PARCEL NO. 796760-0050 The South half of the Southeast quarter of the Northwest quarter of the Southwest quarter of Section 34, Township 22 North, Range 4 East, W.M., in King County, Washington; EXCEPT 30 feet on the South and East side and 10 feet on the West side thereof for road purposes. (ALSO KNOWN AS Tract 5, Star Lake Five-Acre Tracts, Unrecorded.) PARCEL E - PORTION OF TAX PARCEL 342204-9151 An easement for conservation purposes as set forth in instrument recorded under Recording Number 96050609245 affecting the West 115 feet ofthe South 190 feet of the North 410 feet of the West half of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 34, Township 22 North, Range 4 East, W.M., in King County, Washington. ':1 r~ :1 i.:~~. ~.~ 38 EXHIBIT PAGE 30 OF 5c; :2- .. . ~_~,.~~ ,,~'~.A"~'" '. ,_,~.. ~'~ ~~~ 1 &\l~'~~..~ . ;'~':.~; Exhibit B-2 CAMELOT PARK (TAX PARCEL NO. 032104-9003) PARCEL A The Southwest quarter of the Northeast quarter of Section 3, Township 21 North, Range 4 East, W.M., King County, Washington, LESS portion platted Camelot Division C, Camelot Division E, Camelot Division G, Camelot Division J, and Camelot Division N. AND The East one-half of the Southeast quarter of the Northwest quarter of Section' 3, Township 21 North, Range 4 East, W.M., King County, Washington, LESS the North 330 feet, LESS that portion lying southerly of a road deeded to King County by deed recorded under King County Recording No. 6541264, LESS portion platted Camelot Division C, Camelot Division F, Camelot Division G, Camelot Division M, and Camelot Division N, CP #4i2. PARCELB That portion of the following described patcellying Northerly of a road deeded to King County by deed recorded under King County Recording No. 6541264: The West one-half of the Southeast quarter of the Northwest quarter of Section 3, ToWnship 21 North, Range 4 East, W.M., King County, Washington, LESS portion platted Camelot Division A, Camelot Division B, Camelot Division F, and Camelot Division G, LESS any roads in said Section 3. "'r~ '::! ~ ~"'1 ,>~" ,~.; 39 EXHIBIT PAGE 31 2- OF ~? _ :L~ ; , '~:,f._~.,,,,.. <<It i"'~ '''1". '~': tJ.. ~....... ' Exhibit B-3 FIVE MILE LAKE PARK (TAX PARCEL NO. 375060-0033) All of Block 7; together with all of Block 8; together with all of Block 9 less Lot 28; together with all of Block 10; together with all of Block II; together with all of Block 12 less Lot I; together with Lots I, 2, 3, and Lots 9, 10 and 11, Block 13; together with Lot~ 1 through 7, Block 22; together with Lots I through 11, and Lots 13 through 21, Block ~3; together with Lots 1 through 6, and the North 82 feet of Lot 7, Block 24; together with all of Block 130, Jovita Addition, as per plat recorded in Volume 19 of Plats, page 14, records of King County, Washington; together with shore lands adjoining, LESS road. .~ ~ 'i {:~ ~ !~~ ,::', ,:' . t) 40 EXHIBIT 2- PAGE Lf() OF'> (;? :1 f) ~:~ .(:~; _~.l Exhibit B-4 LAKE GENEVA PARK PARCEL A - TAX PARCEL NO. 606460-0020 The North half of the NQrthwest quarter of the Southeast quarter of Section 22, Township 21 North, Range 4 East, W.M., in King County, Washington; EXCEPT the South 55 feet; and EXCEPT the East 30 feet for road; and EXCEPT portion thereof lying within Lake Geneva's Lakeshore Estates, according to the plat recorded in Volume 69 of Plats, page 49, in King County, Washington. (ALSO KNOWN AS Tracts I, 2 and 3, and the North 110 feet of Tract 4 of A.B. Newell's Lake Geneva Tracts, an unrecorded plat.) PARCEL B - TAX PARCEL NO. 506640-0521 That portion of Maltby's Lake Geneva Five-Acre Tracts, according to the plat recorded in Volume 14 of Plats, page 73, in King County, Washington, described as follows: The South 100 feet of Tract 26, as measured along the East line thereof; AND Tract 27, except the North 10 feet for road. SUBJECT TO: Easement dated March 24, 1989 and recorded under King County Auditor's File No. 890410030. ALSO, Portion of Tract 28,29 and 30, Maltby's Lake Geneva Five-Acre Tracts, according to the plat recorded in Volume 14 of Plats, page 73, in King County, Washington, described as follows: Beginning at the S.W, comer of said Lot 28; thence North 0005'43" East 246.35 feet on the West boundary of said tract; thence North 89025'22" East 200 feet; thence North 0005'43" East 163.35. feet; thence North 89025'22" East 54837 feet to the East boundary of Tract 30; thence South 8008'50" East 32.93 feet along the East boundary of Tract 30; thence South 36051 '29" East 301.66 feet along the East boundary of Tract 30; thence South 89038' I 0" West 274.39 feet; thence South 0005'43" West 135.00 feet; thence South 89038'10" West 658.14 feet to the true point of beginning; EXCEPT the South 5.10 feet of said Tracts 28 and 29 for County Road; situate in the County of King, State of Washington. :~ .~t . ':.J f~, I' ;:.:, " .. -,._...,,_~ I; V._ . .,H.,tl,' . --"'-""~'''':'''.-'. .' 41 EXHIBIT 2- PAGE 1{ I OF Fe:, ..__-_-_..___..,_,___.. ..'rr:07; !.~r !\::':i.:, Exhibit B-5 SOUTH COUNTY BALLFIELDS/ATHLETIC COMPLEX PARCEL A - TAX PARCEL NO. 375160-1903 Lots 7 through 17, Block 48, JoVita Heights, according to the plat thereof recorded in Volume 20 of Plats, page 12, records of King County, Washington. SUBJECT TO: Reservations and exceptions contained in Deed from Northern Pacific Railroad Company, recorded Aprill2, 1884, under King County Auditor's File No. 4865 (Reserving and excepting from said described premises so much and such parts thereof as are or may be mineral lands or contain coal or iron for the use of the said party of the first part, its successors and assigns). PARCEL B - TAX PARCEL NO. 375160-1930. 375160-2000. 375160-2691. 375160-2697 AND 375160-2735 . Lots I through 30, Block 49, Lots 1 through 24, Block 50, Lots 1 and 2, Block 63, Lots 1 through 5 and the North half of Lot 20 and all of Lots 21 through 25, Block 65, all within Jovita Heights, according to the plat thereof recorded in Volume 20 of Plats, page 12, records of King County, Washington; EXCEPT those Easterly portions of Lots 16 through 20 & 22 through 24 of said , Block 50, as conveyed to King County (or Military Road by Deeds recorded under Recording No. 5139339 and 5252999. SUBJECT TO: I) Reservations and exceptions contained in Deed from Northern Pacific Railroad Company, recorded April 12, 1,884, under King County Auditor's File No. 4865 (Reserving and excepting from said described premises so much and such parts thereof as are or may b~ mineral lands or contain coal or iron for the use of the said party of the first part, its successors and assigns; 2) Easement for the right to make slopes for cuts and fills along the street margin of Lots 16 through 20 and Lots 23 and 24, Block 50, abutting Military Road, as granted by Deed recorded under King County Recording No. 5139339; 3) Easement for the right to make slopes for cuts and fills along the street margin of Lot 22, Block 50, abutting Military Road, as granted by Deed, recorded under King County Recording No. 5252999; 4) Rights of the public in and to that portion of Lot 21, Block 50, lying in Military Road, as disclosed by official maps on file in the Office of the Assessor in the Finance Division of King County. PARCEL C - TAX PARCEL NOS. 375160-2697. 375160-2747. 375160-2755. 375160-2757. 375160-2759.375160-2765.375160-2771.375160-2773.375160-2775.375160-2779.375160- 2781.375180-2783 The North half of Lot 6, Block 65 and Lots 1 through 10, and 13 through 20, Block 66, Jovita Heights, according to the plat theJ;'eofrecorded in Volume 20 of Plats, page 12, records of King County, Washington. SUBJECT TO: Reservations and exceptions contained in Deed from Northern Pacific Railroad Company, recorded April 12, 1884, under King County Auditor's File No. 4865 (Reserving and excepting from said described premises so much and such parts thereof as are or may be mineral lands or contain coal or iron for the use of the said party of the first part, its successors and assigns). PARCEL D - TAX PARCEL NO. 375160-2767 AND 375160-2769 ~:t~~ : ~,:'...~ X ~ ~: "~.~:.~: ~ . '." ~ ~"~ lr ~1 ~j!O.r _v....".....__ .....r..._ :: !....., /t . ,..H/i .' 42 EXHIBIT 'z.. PAGE . 'Iz. OF 5" t;, Lots II and 12, Block 66, Jovita Heights, according to the plat thereofrecorded in Volume 20 of Plats, page 12, records of King County, Washington, SUBJECT TO: I) Reservations and exceptions contained in Deed from Northern Pacific Railroad Company, recorded April12; 1884, under King County Auditor's File No. 4865 (Reserving and excepting from said described premises so much 'and such parts thereof as are or may be mineral lands or contain coal or iron for the use ofthe said party of the first part, its successors and assigns); 2) Record of Survey, recorded on November 1, 1993, under King County Recording No. 93110 I 9004. ". ~_. .,,~,~~ "-~;"~ ~. t~!:l ,~ i~"'J }- f: :: ~' e~?n . .' ._ .. :1{\,\' 43 EXHIBIT ~ PAGE '-I~ OF 5 ~. Exhibit B-6 Greenbelt Properties Lot 76, Kingco Estates No.3, as recorded in Volume 116 of Plats, pages 082 and 083, records of King County, Washington. SUBJECT TO: conditions of plat as dedicated to King County by plat recorded under Auditor's File No. 8011260586. (Tax Acc't. 387401-0760) Park and Recreation Area of Lake Dolloff Tracts, as recorded in Volume 039 ofPla:ts, pages 001 and 002, records of King County, Washington SUBJECT TO: conditions of plat as dedicated to King County by plat recorded under Auditor's File No.1942l0213272189 (Tax Acc't. 401320-0250) Serenidad South (Tax Acc't 0321 04-9185) That portion of the southwest quarter of the southeast quarter of Section 3, Township 21 N., Range 4 E, W.M. King County, Washington described as follows: Beginning at the south ~ corner of said Section 3; thence NO I o36'26"E, along the West line of said SW ~ of the SE ~ 200,09 feet; thence S89050'05"E 212.00 feet; thence Soo09'55"W, 90.00 feet; thence S89050'05"E, 225.00 feet; thence Noo09'55"E 25.82 feet; thence S89050'05"E, 64.42 feet; thence SI 0030'00"W, 59,76feet; thenc'e Soo06' 15"E 74.52 feet to the South line of said subdivision; thence S89053'45"W,along said South line 496.09 feet to the True Point of . Beginning, EXCEPT the South 30.00 feet thereof for 'County Road, containing 59,842 square feet (1.374 acres). ' '. '.' SUBJECT TO: conditions of deed as conveyed to King County by deed recorded under Auditor's File No. 7504150422. SUBJECT TO: a 200 foot wide power line easement granted to Puget Sound Power and Light Company as recorded under King County Auditor's file No. 7407240511. Tract A, Serenidad South No.5, according to the plat thereof recorded in Volume 099 of Plats, pages 088 and 089, records of King County, Washington SuBJECT TO: conditions of deed as conveyed to King County by deed recorded under Auditor's File No. 7711220447. (Tax Acc't. 769663-0490) Tract A, Star Lake Estates, according to the plat thereof recorded in Volume 107 of Plats, pages 038 through 040, records of King County, Washington SUBJECT TO: conditions of plat as dedicated to King County by plat recorded under Auditor's File No. 7806260896. (Tax Acc't. 796720-0440) Tract A, Star Lake Ridge, according to the plat thereof recorded in Volume 144 of Plats, pages 035 through 037, records of King County, Washington SUBJECT TO: conditions of plat as dedicated to King County by plat recorded under Auditor's File No. 8901310332 (Tax Acc't. 796790-0300) Tract A, Sweet Briar Division 2, according to the plat thereof recorded in Volume 098 of Plats, pages 038 through 039, records of :King County, Washington SUBJECT TO: conditions of deed as conveyed to King County by deed recorded under Auditor's File No. 7610250655 (Tax Acc't. 815962-0370) .~.._"",~..._,~,....__'"~ '~ f: {'~1"l ,*L > ,.r . :.1. P ,-.___ .......~... ,>,J ~~ r? :i\; ~ 44 EXHIBIT Z- PAGE '-1'-/ OF ~" . Exhibit C AFTER RECORDING RETURNTO: City of FEDERAL WAY, Washington QUIT CLAIM DEED GRANTOR - KING COUNTY GRANTEE - CITY OF FEDERAL WAY LEGAL - - T A7- NO. - N/A The Grantor, KING COUNTY, WASHINGTON, a political subdivision of the State of Washington, for and in consideration of mutual benefits, receipt of which is hereby acknowledged, conveys and quit claims unto the Grantee, the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington, those certain real property interests, as legally described in Exhibit A, attached hereto and made a part of this Deed together with any after-acquired title with the Grantor may acquire: Dated this day of ,200_. KING GOUNTY, WASHINGTON BY TITLE STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that. . signed this instrument, on oath stated that he was authorized by the King County Executive .to execute the instrument, and acknowledged it as the of King County, Washington to be the free and voluntary act of said County for the uses and purposes mentioned in the instrument. Dated NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires _,._"""'_.~ ......,.. . ," 'i .tF?~ " t...~ j "'~ --; ::~ ("\ ., 7J .1'';. ,;', . , r , t, '" po i' ,\,!: . ". .." ~./''''''.. .,'...................... lI,..~ 1~.. 1"" . 45 . EXHIBIT 2- P~GE If> OF 5 r; Exhibit E Drainage Facilities to be Transferred to or Subject to Inspection by City of Federal Way upon Annexation of East Federal Way PAA . Table A: Stormwater System Facilities to be transferred to City Facility number OR0527 OR0544 OR0548 OR0561 OR0576 Facility Name Lake Oolloff Outlet Peasley Canyon Culvert Repair (Federal Way portion - portion also in Auburn PM) Pump Plant 32 (Camelot Park) S 360th St Embankment Sweet Briar Orainage Improvement Facility Address 4200 308th Place S Facility Type Channel 5100 S Peasley Canyon Rd Channel Pump Station Regional RIO Enclosed Orain 29800 36th PI S 2100 S 360th St 4701 SE 292nd St 095496 095501 096304 096623 096689 096806 096807 096952 096953 096954 D96955 097071 097227 097234 097250 097265 097378 097428 097479 098172 098174 098321 098342 FACILITY NAME Sea-Tac Bible Church Federal Way United Methodist Church KC Fire Oistrict #39 Word of Truth Church Enchanted Woods Apartments Twin Cedars Mobile Home Park Twin Cedars Mobile Home Park Kloshe-Illahee Mobile Home Park Kloshe-lIlahee Mobile Home Park Kloshe-Illahee Mobile Home Park Kloshe-lIlahee Mobile Home Park Federal Way LOS Church Circle K Store #88566 New Life Christian Church KC Fire Oist 22 Killarney Woods Mobile Home Park Thomas Jefferson High School Pruetts Barn Fountain Lake Townhomes Rainier View Elementary SChool Evergreen Vale PUO Central Presbyterian Church Washington Buddhist Temple .... w., ;~. ~: ~ ~:'i~ 3 &.'~'~ ; r ;' -n, 46 '1"(1 ~:f';;~:l.:' FACILITY ADRESS 29926 37'h Ave S 29645 51st Ave S 3203 S 360th St 33415 Military Rd S 2020 S 360th St 37301 28th Ave S 37301 28th Ave S 2500 S 370th St 2500 S 370th St 2500 S 370th St 2500 S 370th St S 287th St & 48th Ave S 5011 S 288th St 33929 42nd Ave S 4966 S 298th St 25th PI S & S 370th St 4248 S 288th St 31633 32nd Ave S 4729 S 301st St 3015 S 368th St 35929 21st PI S 37505 28th Ave S 4401 S 360th St EXHIBIT 2- PAGE'i~ OF ~~ 098436 098462 D98463 098499 098500 098609 098621 098713 09X073 09X129 09X 154 OS0053 OT0031 N98196 N98252 Valhalla Elementary School Lakeland Park Lakeland Park Camelot Elementary School Chevron on Military Rd Lakeland Elementary School Seattle Central Korean Church Federal Way LOS Church Lakeland Park Seattle Central Korean Church Federal Way LOS Church Briggs Residence 03-007 Road facility AM/PM Mini Mart & Gas Station St Nicholas Montessori School 27847 42nd Ave S 35375 Military Rd S 35375 Military Rd S 4041 S 298th St. 31980 Military Rd S 35625 32nd Ave S 27616 46th Ave S 28616 48th Ave S 35375 Military Rd S .27616 46th Ave S 28616 48th Ave S 36616 28th Ave S 30401 38th Ave S 3910 S 320th St 31015 Military Rd S Table C: Stormwater Facilities Serving Residential Development to be Transferred to City Facility Number 090102 090103 090152 090178 090249 090320 090414 090472 090517 090762 090854 090913 090940 090941 091126 091137 091225 091362 091390 091391 091392 091563 091589 091644 FACILITY NAME Camelot Park #1 Camelot Park Sterling Place West Enchanted Estates Kingco Estates 3 Maplewood Vale Camelot Park II (with 090102) Grand Firs Alder Glen Tract A Gertrude Lane SP 0779128 Star Lake Hills SP 0879151 Deville Manor Fountain Isle Lake LUM Addition #1 Sterling Park I & II Mathews Green Maplewood Ridge Maplewood Ridge Maplewood Ridge Kings Park Oiv 4 Meadow Mere Cherry Croft . . :, : I- '. .' .. .. .,..._,_.'. e' ~ t:t '! f"~; ;:. :' 'i,: ~:'I;;,J II"; () ." ~...' ~~, ~ \.~ :i ~'1~} : '~. . FACILITY ADRESS 30235 38th PI S 4043 S 302nd PI 4402 S 313th St 2020 S 363rd PI 28409 37th Ave S 36306 25th Ave S 3818 S 303rd Ct 5125 S 302nd PI 35400 25th Ave S 4313 S 289th PI 3505 S 312th PI 27532 46th Ave S 29613 49th PI S 36633 25th Ave S 4323 S 301st Dr 29802 48th Ave S 31301'49th Ave S 2962 S 368th St 36017 22nd PI S 36135 22nd PI S 23RO Ct S & S 362nd St 29724 33rd Ave S 3415 S 299th St 28400 48th Ave S 2345500420, 2345500430 3874010940 5131000810 1312910110 100500450 2019200650 2616700590 5205000540 3876710220 5413200180 1547500220 47 EXHIBIT 2- PAGE L-( 1- OF s ~ 091658 . Kilarney Glen 35401 27th PI S 091659 Kilarney Glen 2799 S 355th St 091670 Coronation Place 2731 S 353rd PI 091737 Palmer Subdivision 29702 48th Ave S 6618500210 091770 Alder Ridge Oiv 1 35216 28th PI S 091792 Morningside Crest 4915 S 298th St 0321049208 091817 Star Lake Ridge 3710 S 279th PI 3422049280 091872 Whisperwood 29922 34th Ave S 9491800360 091931 Star Lake Meadows 27692 41 st Ave S 7967780130 091987 SP 0683090 3808 S 307th PI 092037 Star Lake Estates 4209 S 273rd PI 7967200440 092038 Star Lake Estates 27503 43rd Ave S 7967200440 092062 Forest Hills Estates II 5230 S 279th St 2595650760 092127 Oogwood Haven 2711 S 371st St 2062000100 092228 Landing at Star Lake Oiv 2 27300 32nd PI S 4180110130 092245 Alder Glen 35436 25th PI S 0100500460 0~92246 Alder Glen 2435 S 354th St 092296 Sterling Meadows 30000 34th Ave S 8001100260 092351 Mercer Heights 4717 S 298th St 5450700130 092357 Southern Rose Tr A 36400 30th Ave S 7893850260 092358 Southern Rose Tr B 36400 31st PI S 7893850270 092384 Everettsville 3200 S 312th PI 2408600190 092389 AAA 2YR BONO SP S89S0249 (Leach) 3401 S 280th St 092399 Camelot Phase III 30300 32nd Ave S 1311110230. 092493 Longspur 4460 S 275th PI. 4401150280 092494 Longspur 4420 S Star Lk Rd 4401150290 092495 Van Vleet Shores 3229 S 272nd St 8874000110 092538 Krista Gardens 4400 S 315th St 3943500090 092540 Star Lake Glen 28079 39th Ave S 7967650180 092579 Oimitries Place Tr A 30125 36th PI S 092580 Oimitries Place Tr B 3347 S 301st PI 092629 Arcadia 4127 S 292nd PI 255580240 092630 Star Lake Greenhouse SP 3419 Star Lake Rd 092643 Cedar Heights Estates 36301 22nd PI S 1445100400 092670 Wood brook Oiv 1 & 2, Tr C 5338 S 282nd Wy 9510930600 092674 Crystal Haven 3201- S 376th PI 1864930260 092721 Hadley Place 27642 44th PI S 2989500200 092797 AAA 2YR BONO Reserve at Star Lake, 3010 S 278th PI 7237590460 092870 AAA 2YR BONO Virk Plat 35XX S 298th St 7237590460 092871 Kit Corner 2714 S 374th PI 092873 Brookshire North 2615 S 362nd PI 1150700220 .~.~ ~ ~::,;t ~ i ,~.t /~.~' ~:i {'~'~ :~:'i .~: .:; .' 48 EXHIBIT 2- PAGE Lft OF $ '" Exhibit F Drainage Facility and Related Property Interests to be Transferred to the City 1. Drainage Related Lands held by King County and Described as Follows: Tract A and D, Alder Glen according to the plat then:ofrecorded in Volume 165 of Plats, pages 078 through 081, records of King CoUnty, Washington (Tax Acc'ts. 010050-0450 & 010050-0460) . Tract A, Arcadia according to the plat thereof recorded in Volume 189 of Plats, pages 089 through 091, records of King County, Washington (Tax Acc't. 025558-0240) The East 60 feet of the South 190 feet of the North 220 feet, of the West ~ of the Southeast Y-t, of the Northeast Y-t of the Southeast Y-t of Section 3, Township 21 North, Range 4 East, W.M. King County, Washington (Tax Acc't. 032104-9208) Tract B, Brookshire North acc,ording to the plat thereof recorded in Volume 174 of Plats, pages 039 through 042, rec9rds of King County, Washington (Tax Acc't. 115070-0220) Tract A, Camelot Division III, according to the plat thereof recorded in Volume 171 of Plats, pages 097 and 098, records .of King County, Washington (Tax Acc't. 131111- 0230) Tract A, Camelot Park Division 2, according to the plat thereof recorded in Volume 117 of Plats, pages 065 and 066, records of King County, Washington (Tax Acc't. 131292- 0110) Tract A, Cedar Heights ,Estates, according to the plat thereof recorded in Volume 198 of Plats, pages 056 through 060, records of King County, Washington (Tax Acc't. 144510- 0400) TractA, Cherry Croft, according to the plat thereof recorded in Volume 046 of Plats, pages038 through 041, records of King County, Washington (Tax Acc't. 154750-0220) Collingtree Park, according to the plat thereof recorded in Volume 236 of Plats, pages 001 through 06, records of King County, Washington (Tax Acc't. 168700-unassigned) Tract B, Crystal Haven, according to the plat thereof recorded in Volume 204 of Plats , pages 066 through 068, records of King County, Washington (Tax Acc't. 186493-0260) Tract A, Deville Manor, according to the plat thereof recorded in Volume 115 of Plats, pages 039 and 040, records of King County, Washington (Tax Acc't. 201920-0650) _....~\.o_..~.... ..,.~ '.. ~.-., f~1' f. ~\'..;.i' ~" ~,~. -;.,,~. .. of.. . ..."" ~ l ';r'~;.~.- ',;i ;.f.:.:~ ",t. :.....;,.. " I' ~ .~~ ~~~: l\: ~ "~D"~~",,,,.~,,,,__. .~..:,. 49 EX:HIBnf .....,_ z.. PAGE . Lt 9_~~OF ~..? _ b Tract A, Dagwaad Haven, accarding ta the plat thereafrecarded in Valume 160 .of Plats, pages 94 and 95, recards .of King Caunty, Washingtan (Tax Acc't. 206200-0100) Tract A and B, Enchanted Estates, accarding ta the plat thereaf recarded in Valume 116 .of Plats, pages 018 and 019, recards .of King Caunty, Washingtan (Tax Acc'ts. 234550- 0420,234550-0430) Tract A, Everettsville, accarding ta the plat thereafrecarded in Valume 173 .of Plats, pages 064 and 065, recards .of King Caunty, Washingtan (Tax Acc't. 240860-0190) Tract B, Farest Hills Estates II, accarding ta the plat thereafrecarded in Valume 163 .of Plats, pages 013 thraugh 021, recards .of King Caunty, Washingtan (Tax Acc't. 259~65- 0760) Tract B, Fauntain Isle Lake, accarding ta the plat thereafrecarded in Valume 123 .of Plats, pages 078 thraugh 080, recards .of King Caunty, Washingtan (Tax Acc't. 261670- 0590) Tract B, Hadley Place, accarding ta the plat thereafrecarded in Valume 196 .of Plats, pages 026 thraugh 028, recards 6fKing Caunty, Washingtan(Tax Acc't. 298950-0200) Tract B, Hidden Tree, accarding to the plat thereafrecarded in Valume 228 .of Plats, pages 085 thraugh 087, recards .of King Caunty, Washingtan (Tax Acc't 327591-0210) Lats 28 ta 30, Block 37, Javita Heights, accarding ta the plat thereafrecorded in Volume 20 afplats, page 12, recards .of King Caunty, Washingtan, being a portion of the Sauthwest Quarter afSectian 23, Tawnship 21 Narth, Range 4 East, WM. Partian .of said lats defined as fallaws: BEGINNING at the Nartheast carner ofthe abave described land and .of said Lat 30; Thence S89049'35"W, alang the Narth line of said Lat 30,87.33 feet; THENCE S 01029'30" E, 26.00 feet; THENCE N 89049'35" E, 67.33 feet; THENCE S 01029'30" E, 64.51 feet; THENCE alang a curve ta the right, the center .of which bears S 88030'30" W, 12.50 feet distance, thraugh a central angle .of 29046'30", an arc distance .of 6.50 feet; THENCE alang a curve ta the left, the center .of which bears S 61043 '00" E, 59.50 feet distance, thraugh a central angle .of 23037'56" an arc distance .of 24.54 feet taa paint an the Sauth line .of said Lat 28; THENCE N 89049'45" E, alang said Sauth line, 29.17 feet ta the Sautheast comer .of said Lat 28; THENCE N 01029'30" W, 120.11 feet ta the True Paint of Beginning. (TaxAcc't. 375160-1366) Tract X, Kingca Estates Na. 3, accarding ta the plat thereafrecarded in Valume 116 .of . Plats, pages 082 and 083, recards .of King Caunty, Washingtan (Tax Acc't. 387401-0940) Tract A, Kingspark Divisian 4, accarding ta the plat thereafrecarded in Valume 105 .of Plats, pages 086 thraugh 088, records of King County, Washingtan (Tax Acc't. 387671- 0220) ;1', ~. ..~ ~ .: ~.'. . ., ~ 50 EXHIBIT .PAGE t;o OF ~ c, 'Z- ,.i ~~. .~.::~ ~ l" ;~ ~:..' . ,i;' Tract 999, Krista Gardens, according to the plat thereof recorded in Volume 191 of Plats, pages 001 through 003, records of King County, Washington (Tax Acc't. 394350-0090) Tract A of King County short plat LOOS0019, said short plat defined as follows: the East half of the South half of lot 16 and all of lot 17 in block 4 of Lake Dolloff Tracts Division # 3, according to the plat thereof recorded in Volume 172 of Plats, pages 139 and 140, records of King County, Washington (Tax Acc't. 401440-0289) Tract A and E, The Landing at Star Lake 2, according to the pJat thereof recorded in Volume169 of Plats, pages 062 through 064, records of King County, Washington (Tax Acc't. 418011-0130) Tracts A and E, Longspur, according to the plat thereof recorded in Volume184 of Plats, pages 026 through 030, records of King County, Washington (Tax Acc'ts. 4401150- 0280,4401150-0290) Tract A, Maplewood Vale, according to the plat thereof recorded in Vo1ume119 of Plats, pages 040 and 041, records of King County, Washington (Tax Acc't. 513100-0810) Tract B, Matthews Green, according to the plat thereof recorded in Volume 142 of Plats, pages 022 through 025, records of King County, Washington (Tax Acc't. 520500-0540) Tract A, Meadow Mere, according to the plat thereof recorded in Volume 148 of Plats, pages 010 through 014, records of King County, Washington (Tax Acc't. 541320-0180) Tract D, Mercer Heights, accon;ling to the plat thereof recorded in Volume 179 of Plats, pages 034 through 036, records of King County, Washington (Tax Acc't. 545070-0130) Tract A, Palmer Subdivision, according to the plat thereof recorded in Volume 156 of Plats, pages 006 through 008, records of King County, Washington (Tax Acc't. 661850- 0210) Tract A, The Reserve at Star Lake, according to the plat thereof recorded in Volume 216 of Plats, pages 072 through 076, records of King County, Washington (Tax Acc't. 723759-0460) Tract B, Serenidad South No.5, as per plat recorded in Volume 099 of Plats, pages 088 and 089, records of King County, Washington (Tax Acc't. 769663-0500) Tract A, King County Short Plat 1086032, The North 412.24 feet ofthe West half of the Northwest quarter of the Northeast quarter of the Southwest quarter of Section 34, Township 22 North, Range 4 East., W.M., King County, Washington; EXCEPT that portion conveyed for 3ih Avenue South by instrument recorded under Recording Number 2668739. (Tax Acc't. 342204-9280) _ ,_ ,_..,~~~.';:tO~_.__,;"_,,,,~ ::i;)/..' , 51 ~XHIBIT PAGE ~I 2- OF 6~ .....,.;~k."....;_....~- ~. '''.. ~. i"~'~ ;~~;~~ ~ ~'v..t ;~{, i~:~ Tracts A and B, Southern Rose, according to the plat thereof recorded in Velume 176 of Plats, pages 068 through 070, records of King County, Washington (Tax Acc't. 789385- 0260, 789385-0270) Tract B, Star Lake Glen, according to the plat thereof recorded in Volumel90 of Plats, pages 044 through 046, records of King Comity, Washington (Tax Acc't. 796765-0180) Tract A, Star Lake Meadows, according to the plat thereof recorded in Volume 161 of Plats, pages 027 through 029, records of King County, Washington (Tax Acc't. 796778- 0130) Tract E, Sterling Meadows according to the plat thereof recorded in Volume 175 of Plats, pages 048 through 051, records of King County, Washington (Tax Acc't. 800110-0260) Tract B, within the Plat of Sweetbriar No.3 as shown on the official plat thereof. as recorded in Volume 098 of Plats, pages 069 and 070, records of King County, Washington. Subject to Reservations, Restriction, Easements and Agreements of Record, if any. (Tax Acc't. 815963-0400) Tract A, VanVleet Shores, according to the plat thereof recorded in Volume 184 of Plats, pages..008 through 010, records of King .county, Washington (Tax Acc't. 887400-0110) r.. . '" Tr~ct A, Virk Plat, according to th~ plat thereof recorded in Volume 230 of Plats, pages 045 through 047, records of King County, Washington (Tax Acc't 894725-0140) , Tract B, Wisperwood, according to the plat thereof recorded in Volume 148 of Plats, pages 026 through 028, records of King County, Washington (Tax Acc't. 949180-0360) Tract C, Woodbrook Division No.1, according to the plat thereof recorded in Volume 190 of Plats, pages 069 through 074, records of King County, Washington (Tax Acc't. 951093-0600) Tract A, W oodbrook 4 Division No.1, according to the plat thereof recorded in Volume 224 of Plats, pages 088 through 090, records of King County, Washington (Tax Acc't. 951112-0140) 2. The following declarations of covenant: Declarations of Covenant filed under recording number 199903121116 Declarations of Covenant filed under recording number 20030313002804 Declarations of Covenant filed under recording number 20030421002760 Declarations of Covenant filed under recording number 20030605000125 .,'"!,,. '~'~"'j.. '~ ii ,{~t ~ iH~ ,"',' ,: j ,." ,I". . f~ ) ~"'"f :.;A":. ";.. ~"1 /.:'1 ~ 52 EXHIBIT ,"Z- PAGE 52- OF 6, Declarations ofCQvenant filed under recording number 20030828000105 Declarations of Covenant filed under recording number 20041202002226 Declarations of Covenants filed under recording number 20051025000767 Declarations of Covenant filed under recording number 20051118001992 Declarations of Covenant filed under recording number 20060329000992 3. The following storm drainage easements: as recorded under recording number 198708120526 as recorded under recording number 20031202001552 as recorded under recording number 20051025000767 .""" .~,,,_,. ...._ 'r$ t~ ~ ~~.~ ;;, .~. '.; '. . '." ..,~. 1 0 ...~.~. ,.. ._...." ;i ,~<.} .',\. ., 53 EXHIBIT 2- PAGE !>~ OF 5t. Exhibit G AFTER RECORDING RETURN TO: City of Federal Way, Washington QUIT CLAIM DEED GRANTOR - KING COUNTY GRANTEE - CITY OF FEDERAL WAY ,LEGAL - - TAX NO. - N/A The Grantor, KING COUNTY, WASHINGTON, a political subdivision of the State of Washington, for and in consideration of mutual benefits, receipt of which is hereby acknowledged, conveys and quit claims unto the Grantee, the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington, those certain real property interests, as legally described in Exhibit A, attached hereto and made a part of this Deed: Dated this day of ,200_. KING CQUNTY, WASHINGTON BY TITLE STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that signed this instrument, on oath stated that he was authorized by the King County Executive to execute the instrument, and acknowledged it as the of King County, Washington to be the free and voluntary act of said County for the uses and 'purposes mentioned in the instrument. Dated NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires .:~~:'i ti..,-i ~~t ,7 ~~". . , . Ii,' "I ~ r"t 'C'" " " ... "".~. . .,.....',,_,;~....., .......... ~ .~ I~..~ ..., ... ~ 'i..~ 1# .\~" 1"'\, """1 J''''y i'~ : ~f>1! .J "'I {II :; i . '/'0..... _. "......... ..~ t~.! ..,~,..., .....;_...~......"..._~ . 54 EXHIBIT ,2- PAGE 5'( OF f; ~ Exhibit H East Federal Way Potential Annexation Area Police Services Transition Plan A. Effective Date: Effective Date of the Annexation Area Annexation B. Desired outcomes 1. The King County Sheriffs Office ("KCSO") and City of Federal Way ("City") share a goal to work together to ensure that the transition is conducted in a professional manner, and that there are no breaks in service for. the residents of the Annexation Area. C. Roles and responsibilities 1. The KCSO Contracts Unit is responsible for: a. Facilitating the transition process. b. Ensuring that all transition elements are addressed and completed. c. Working with Precinct 3 to address operational components of change. d. Working with non-precinct KCSO units to ensure smooth transition. e. Serving as primary contact for City. 2. The KCSO Precinct 3 is responsible fot: a. Ensuring the operations are smoothly transitioned, including sharing of crime information as requested by the City. 3. The City, including its police department, is responsible for: a. Ensuring. that the police department is able to provide service in the Annex;ation Area beginning on the effective dates of the annexation. b. Determining the information needed from the KCSO regarding crime, detective cases, or other law enforcement activities. c. Requesting the information identified above in a timely manner. . } D. Workload 1. Records a. The KCSO will retain all original records for events-happening :before the effective annexation date in accordance with state records retention . schedules. KCSO will provide copies ofthe records upon written request from the City Police Department, following KCSO protocols. 2. Fingerprinting and Concealed Weapons Permits a. City residents can continue to receive these services at KCSO locations, or may go to the City Police. for these services. 3. Sex offender tracking, contacts, and notifications a. Froin and after the effective date ofthe annexation, the City will become responsible for holding community meetings for any sex offenders living in the Annexation Area, with the exception of already-scheduled meetings. Further, the City will be responsible for all legally mandated contacts and .....;.~ '1 :f''t'f i'~.' . "'1.1 J <<).1- 1 ';., . . _,',""",~"_""",!""".,, . l..\, ....,..........:;._...:...._....... ..." "'" . 55 EXHIBIT 2- PAGE ~SOF?? ,...,.,~ ,n \Ii.~ 'J ',.{^ ; ....,;,.j. _."::~...........:..~~__........ .,,':... .f ~ :.. ~ ,',- J:i:.',~~:'~ monitoring. The KCSO retains responsibility for sex offender registration . in accordance with applicable statutes. 4. Investigations a. KCSO detectives will continue to handle all investigations that are active at the date of annexation, unless otherwise negotiated with the city. At City's request, the KCSO will arrange for an information exchange with city detectives in order to pass on information regarding any cases that City will investigate. Investigation of criminal matters occurring from and after the date of Annexation will be the responsibility ofthe City. . . E. Emergency 9-1-1 Services (Communication & Dispatch) 1. Federal Way Police will be responsible for ensuring that their communications and dispatch services are prepared to take Annexation Area calls beginning on the effective dates of the annexations. This includes arranging for such 9-1-1 calls to be directed to the proper communications center. Federal Way Police will provide the E-911 Program Office with at least 30 days advance notice of the effective date ofthe annexation to allow sufficient time for the E-911 . Program Office and Qwest to process E-911 database changes before the effective date of the annexations. 2. The KCSO and the E-911Program Office will be responsible for discontinuing KCSO communication and dispatch service to the Annexation Area op. the effective.dates ofthe annexations. The KCSO and the E-911 Program Office will assist Federal Way's communications service in making the switch, with Federal Way having primary responsibility. F. Notification to affected units 1. The KCSO Contracts Unit will notify all KCSO units of the annexations, and will work with them to resolve any concerns. . ~. ~; ~~~~.~: ~ i."~~ . ;:..~'. ,~. ') "O} 1\ "f$ " 7\f ~~:'( ,:" ' 56 .EXHIBIT 2- PAGE 5," OF ~~ MEMORANDUM OF UNDERSTANDING BETWEEN EXECUTIVE RON SIMS AND CITY MANAGER NEAL BEETS REGARDING FUNDING OF CERTAIN ACTIVITIES RELATED TO ANNEXATION BY THE CITY OF THE EAST FEDERAL WAY POTENTIAL ANNEXATION AREA This Memorandum of Understanding is intended to confirm the agreement of the parties to work together on public outreach in support of the annexation by the City of Federal Way of its Potential Annexation Area ("P AA"), in furtherance of that separate interlocal agreement negotiated between the City and County on annexation of the area, which agreement it is anticipated will be approved by the legislative bodies of the City and County prior to May 2007. In consideration of the City's willingness to annex the East Federal Way PAA subject to voter approval, and to engage the residents ofthe P AA in a collaborative public outreach effort with King County in support of said annexation the County is willing to: (1) reimburse the City up to $25,000 for joint public outreach activities in support of annexation ofthe PAA which activities may include surveys, printing, meeting-related costs and similar activities; and (2) participate with the City in the development and conducting of a series of pl,lblic outreach meetings for this purpose. Outreach activities are planned to continue at least through the first three calendar quarters of 2007. . . . \ I \ -, The City and County agree to workcollaboratively in developing any survey instrUments, and any agendas and materials'to be used in the public outreach meetings, " which agenda and materials shall be agreed to by the parties in advance oftheir use. The City will transmit to the Office of Management and Budget an electronic copy of all materials used as part of the funded public outreach program. The payment of funds to the City shall be subject to submittal of invoices from the City confirming the expenditure of funds consistent with this Memorandum. Invoices shall be submitted to Elissa Benson, Annexation Initiative Manager, King County Office of Management and Budget. The City shall be responsible for compliance with state laws in respect to expenditure of all funds paid or reimbursed. This Memorandum of Understanding shall be effective as of the last date signed by the parties. The MOU shall terminate on December 31, 2007, unless extended by mutual agreement of both parties. Neil Beets, City Manager City of Federal Way Executive Ron Sims King County Dated: Dated: EXHIBIT .3 PAGE ( OF I COUNCIL MEETING DATE: March 20,2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Proposed Ordinance Deeming Graffiti a Public Nuisance, Notice and Violation and Authorizing Abatement. POLICY QUESTION: SHOULD THE FEDERAL WAY CITY COUNCIL PASS THE PROPOSED ORDINANCE TO DEEM GRAFFITI A PUBLIC NUISANCE, PROVIDE FOR A NOTICE OF VIOLATION AND APPEAL PROCESS, AND AUTHORIZE THE CITY TO ABATE GRAFFITI WHERE THE GRAFFITI IS NOT REMOVED? COMMITTEE: LAND USE & TRANSPORTATION COMMITTEE MEETING DATE: March 12, 2007 CATEGORY: o Consent o City Council Business ~ Ordinance o Resolution o o Public Hearing Other ~_!~~_~_!!:~_~2~-.!_..!.l.X_:__~ A T RI~HA~I?_~Q!.::!L~!.T.Y._~T!_C?.~~Y-__._._.._....___.._._.._____.__..___~.~_~~___..__.__m.__...___...._.__._....._._.__._.__.._.____.___.___.._ Attachments: Proposed Ordinance will be provided at the Land Use/Transportation Council Committee, and Staff Report Options Considered: 1. Recommend approval of the Proposed Ordinance at the March 20, 2007, City Council Meeting. 2. Suggest modifications to the Proposed Ordinance. STAFF RECOMMENDATION: Approval of the Proposed Ordinance and forward to full Council for emergency enactment at the March 20,2007, City Council Meeting. . CITY MANAGER ApPROVAL: C~lUncil DIRECTOR ApPROVAL: r ~ Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "] move approval of the Proposed Ordinance by emergency enactment" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDJDEFERREDJNO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 12,2007 TO: Land Use & Transportation Committee VIA: Neal Beets, City Manager FROM: Patricia A. Richardson, City Attorney ~~ SUBJECT: Proposed Ordinance Deeming Graffiti a Nuisance and Providing for Abatement Back2:round Information: The Graffiti Taskforce has discussed at length the challenges of enforcing graffiti based on the existing Federal Way City Code. Specifically, the current code does not provide for a way to remove graffiti on private property where the property owner fails to remove it. The current code fails to provide for a process by which to give notice to property owners of graffiti and an opportunity to correct/appeal violations. The purpose of the proposed ordinance is to: · Establish an efficient enforcement system to regulate and eradicate graffiti within the City. · Provide a quick and efficient abatement process. · Deem graffiti a public nuisance. · Provide for Notice of Graffiti Violation. · Create a 48-hour timeline to correct the graffiti condition. · Provide for civil penalties of $100 per day for each violation not corrected within 48 hours. · Designate violation as a separate civil infraction for each day not corrected. · Provide for a process by which to appeal the Notice of Graffiti Violation within 10 days of receipt. · Provide City authority to abate if the condition is not corrected and the property owner fails to appeal or unsuccessfully appeals. In developing the proposed ordinance, law department stafflooked at the city codes of Belle vue, Burien, Marysville, and Tacoma to construct the most aggressive, but legally enforceable code. Graffiti has become a significant problem in the City of Federal Way. Uncontrolled graffiti has the potential to attract more graffiti and further crime. For these reasons, staff encourages the passage of the proposed ordinance by emergency enactment. COUNCIL MEETING DATE: March 20, 2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amendment to and Codification of City Center Planned Action Ordinance POLICY QUESTION: Should the City Center Planned Action Ordinance (Ord. #07-547) be amended to be applicable to demolition of existing buildings and/or parking facilities in addition to the development thresholds already identified in the Ordinance? And should the City Center Planned Action Ordinance, as amended, be codified in FWCC Chapter 18, Article II, "Environmental Policy," Division 3 "Categorical Exemptions and Threshold Determinations," by adding a new Section 18-83, "City Center Planned Action?" COMMITTEE: ECONOMIC DEVELOPMENT MEETING DATE: 3/20/07 CATEGORY: D Consent D City Council Business [g] Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: PATRICK DOHERTY DEPT: CITY MANAGER ---....-----.---.....--..-.----------.......----....---......-----....----.......--.----.--.........---..........-..---.--..--....--.-...--.----.----.--.-..--.....--.--...---------..-.-......-- Attachments: None. Summary/Background: On 2/20/07 the City Council approved and enacted the City Center SEP A Planned Action Ordinance. This Ordinance follows an Environmental Impact Statement (EIS) that disclosed the impacts of up to ten years' worth of land use development and redevelopment in a major portion of the City Center. The EIS discussed the impacts resulting from both demolition and/or redevelopment of existing land uses and structures, as well as construction of new buildings and facilities housing retail, office, lodging, housing, institutional and parking uses. However, the recently adopted City Center Planned Action Ordinance did not expressly identify demolition of existing buildings and/or parking facilities in Section 3.C, "Planned Action Qualifications." As such, without amendment, stand-alone demolition projects (i.e., prospective demolition not immediately associated with a new construction project) would not technically be able to follow the Planned Action Ordinance's streamlined environmental review provisions. Yet such demolitions were contemplated in the EIS and the Planned Action Ordinance should be applicable to them. In addition, the City Center Planned Action Ordinance was not originally codified in the Federal Way City Code. For greater ease of access and use, the City Center Planned Action Ordinance should be codified together with the SEP A regulations in Chapter 18, Article II, "Environmental Policy," Division 3, "Categorical Exemptions and Threshold Determinations," by adding a new Section 18-83, "City Center Planned Action." Options Considered: 1. Add "demolition of existing buildings and/or parking structures" to the list of developments that qualify as Planned Actions in the City Center Planned Action Ordinance and codify the City Center Planned Action Ordinance by adding a new Section 18-83, "City Center Planned Action," to FWCC Chapter 18, Article II, Division 3, "Categorical Exemptions and Threshold Determinations." 2. Make no amendment of the City Center Planned Action Ordinance. STAFF RECOMMENDATION: Option 1. CITY MANAGER APPROVAL:-e- Council DIRECTOR ApPROVAL: ~ Council COMMITTEE RECOMMENDATION: "1 move Option J to City Councilfor first reading on 3/20/07." Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move approval of Option J to second reading on 4/3/07. " (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 - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY ORDINANCE NO. 07- AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE NO. 07-547 ESTABLISHING THE CITY CENTER PLANNED ACTION PURSUANT TO RCW 43.21.031 AND PROVIDING FOR CODIFICATION. (Amending Ordinance No. 07-547) WHEREAS, the Federal Way City Council enacted Ordinance No. 07-547 on 2/20/07, establishing the City Center Planned Action, pursuant to RCW 43.21.031; and WHEREAS, Section 3.C establishes "Planned Action Qualifications" that specify what types and maximum size of development proposals to which the Planned Action Ordinance shall be applicable~ and WHEREAS, demolition of existing buildings and/or parking facilities was not expressly identified but was contemplated in the Planned Action Environmental Impact Statement and was intended to qualify as Planned Action projects. WHEREAS, in order for ease of use and to further public awareness of the planned action it has been determined the ordinance needs to be codified, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Ordinance No. 07-547 shall be amended and codified as a new section added to Chapter 18, Article II, ENVIRONMENTAL POLICY, Division 3, Categorical Exemptions and Threshold Determinations, of the Federal Way City Code to read as follows: 18-83 City Center Planned Action !!}SeetioB 1 Purpose. The City of Federal Way declares that the purpose of this ordinance is to: A. Combine environmental analysis with land use planning; and Ordinance No. 07- Page 1 B. Set forth a procedure designating certain project actions in a portion of the City Center sub-area as "planned actions" consistent with state law 43.21C.031 RCW, and C. Streamline and expedite the land use permit review process by relying on completed and existing environmental analysis for the Planned Action area; and D. Apply the Federal Way City Code together with the mitigation framework in Section 3 of this Ordinance for the purpose of processing planned action development applications. {hlSeetioB 2. Findings. The City of Federal Way finds that: A. The City of Federal Way is required to prepare and implement plans in accordance with the provisions of the Growth Management Act; Chapter 36.70A RCW. B. The City of Federal Way has adopted a comprehensive plan and City Center sub- area plan in compliance with the GMA. C. The City Center Planned Action Environmental Impact Statement identifies and addresses all significant environmental impacts associated with the proposed planned action as defined in Section 3 of this Ordinance; and D. The mitigation measures contained in Exhibit B of this Ordinance, together with appJicable City development standards, are adequate to mitigate the significant adverse environmental impacts of planned action development as defined in Subsection 3.C ofthis Ordinance. E. The expedited permit review procedures as set forth in this Ordinance are and will be a benefit to the public, protect the environment, and enhance economic development; and F. Opportunities for public involvement and review have been provided, and comments considered as part of preparation of the Draft and Final Planned Action Environmental Impact Statement. {rlSeetioB 3. Procedures and Criteria for Evaluating and DeterminiIig Projects as Planned Actions. A. Planned Action Site. The Planned Action designation shall a~ply to the approximately 200 acre site generally bounded by South 312 Street on the north, South 324th Street on the south, Pacific Highway South on the west and 23rd A venue South on the east and shown in Exhibit A. Ordinance No. 07- Page 2 B. Environmental Document. A planned action designation for a site-specific application shall be based on the environmental analysis contained in the City Center Planned Action Environmental Impact Statement (ElS) completed by the City on September 8, 2006. "EIS" means the City Center Planned Action Environmental Impact Statement composed of the Draft EIS (June 2006) and the Final EIS (September 2006). The Mitigation Document (Exhibit B) is based upon the analysis of the EIS. The Mitigation Document, together with applicable City codes, ordinances and standards shall provide the framework for the decision by the City to impose conditions on a planned action project. C. Planned Action Qualifications. I. Land Uses. The following uses are the primary uses analyzed in the ElS. I. Retail goods and services 11. Office Ill. Lodging IV. Residential v. Civic VI. Structured parking 2. Development Thresholds. The Planned Action designation applies to future development proposals that cumulatively do not exceed the Development Envelope established by the EIS, as shown in the City Center Summary Development table below: City Center Summary Development Table Uses Development Envelope Retail 750,000 sf Office 350,000 sf Lodqinq 600 rooms Residential 750 units Civic 500,000 Structured Parkina 750 stalls The Planned Action designation also applies to demolition of existing buildings and/or parking facilities. If proposed plans significantly change the location of uses in a manner that would alter the environmental determinations of the EIS, additional SEP A review may be required. Additional environmental review may be conducted as an addendum or supplement to the Planned Action EIS. Shifting the total build-out of development among uses may be permitted so long as the total build-out does not exceed the aggregate amount of Ordinance No. 07- Page 3 development, trip generation and parking thresholds reviewed in the EIS and so long as the impacts of that development have been identified and mitigated in the EIS and Mitigation Document. 3. The project is located within the Planned Action Area. 4. Transportation 1. Vehicle Trip Ranges. The ranges of vehicle trips reviewed in the EIS are as follows: P Th d 09 lanned Action Trip reshol s by 20 Time Period Total Trips AM Peak Hour 1,220 Saturday Peak Hour 2,816 PM Peak Hour 2,727 Planned Action Tri Thresholds 2010-2014 Time Period AM Peak Hour Saturda Peak Hour PM Peak Hour Total Tri s 919-1,073 2,537-2,552 2,360-2,370 The EIS conducted quantitative analysis on a per-intersection basis of impacts and mitigation through 2009 (or the equivalent time, based on the cumulative totals of projected vehicle trips). EIS analysis of201O-2014 vehicle trips was performed more qualitatively and may require additional environmental review to quantitatively analyze potential transportation impacts and mitigation measures, as determined by the SEPA Official, in consultation with the Public Works Director. II. Trip Threshold. Proposed development that would result in a cumulative total of trips that exceeds the maximum trip levels shown above would not qualify as a Planned Action. Ill. Public Works Discretion. The Public Works Director shall have discretion to determine incremental and total trip generation, consistent with the Institute of Traffic Engineers (ITE) General Manual (latest ed.), for each Planned Action project permit application proposed under this Planned Action. 5. Elements of the Environment Analyzed in the EIS. A project that would result in a significant change in impacts to any of the elements of the environment identified in the EIS would not qualify as a Planned Action. Ordinance No. 07- Page 4 6. Time Horizon. The Planned Action designation is intended to be applicable until all development shown in the City Center Summary Development Table (Subsection 3.C.2) is constructed or until 2014, whichever occurs first. In addition, should environmental conditions significantly change from those analyzed in the EIS, the City's SEPA Official may determine that the Planned Action designation is no longer applicable unless additional, supplementary environmental review is conducted, regardless of the date. D. Planned Action Review Criteria 1. Uses and activities described in the EIS, subject to the qualifications described in Section 3.C and the mitigation measures in Exhibit B, may be designated planned actions pursuant to 43.21C.03l RCW. 2. The SEP A Official or designee is authorized to designate a project application as a Planned Action pursuant to RCW 43.21C.03l(2)(a), if the project meets all of the following conditions: a) The project is not otherwise exempt from SEP A; b) The project is consistent with the City of Federal Way Comprehensive Plan adopted under RCW 36.70A; and c) The project is subsequent to or is implementing a project which has had its significant adverse environmental impacts that have been adequately identified in the EIS; and d) The project falls within the Planned Action qualifications identified in Section 3.C of this Ordinance; and e) The SEPA Official has determined that the project's adverse impacts are able to be mitigated through the application and/or inclusion of.mitigation measures detailed in the Mitigation Document in Exhibit B, as well as other applicable City, county, state, and federal requirements and conditions, which together constitute sufficient mitigation for the significant environmental impacts associated with the proposed project; and f) The proposed project complies with all applicable local, county, state, and federal regulations, and where appropriate, the proposed project complies with needed variances or modifications or other special permits have been identified; and g) The proposed project is not an essential public facility. Ordinance No. 07- Page 5 E. Effect of Planned Action I. Upon designation by the SEP A Official that the development proposal within the Planned Action Area qualifies as a Planned Action pursuant to this Ordinance and WAC 197-11-172, the project shall not be subject to a SEP A threshold determination, an environmental impact statement (EIS), SEP A appeal or any other additional review under SEP A. 2. Being designated as a Planned Action or Planned Action Project means that a proposed project has been reviewed in accordance with this Ordinance and found to be consistent with the development parameters and environmental analysis included in the EIS. 3. Planned Action projects will not be subject to further procedural review under SEPA. However, as stated under 3.D.2(f) above, in order to qualify as planned actions, these projects will have incorporated mitigating measures identified in the City Center Planned Action EIS, as outlined in this document and the attached Exhibit B, which are designed to mitigate environmental impacts resulting from the project proposal. Additionally, projects will be subject to applicable City, state and federal regulatory requirements. The Planned Action designation shall not exempt a project from meeting the City's code and ordinance requirements apart from the SEP A process. F. Planned Action Permit Process. The Director of Community Development Services or designee shall review projects and determine whether they meet the criteria as Planned Actions under applicable state, federal, and local laws, regulations, codes and ordinances. The review procedure shall consist, at a minimum, of the following: 1. Development applications will meet the requirements of Federal Way City Code Chapters 5, 13, 15, 16, 18, 19 and 22. Applications shall be made on forms provided by the City and shall include a Planned Action Checklist or such other project review forms provided by the Community Development, Building, and Public Works departments. The checklist may be incorporated into the form of an application. 2. The Director of Community Development Services will determine whether the application is complete as provided in Federal Way City ~ode Chapter 22-33. 3. After the City receives and reviews a complete application, the SEPA Official shall determine, utilizing the criteria and procedures contained in Section 3.D and WAC 197-11-172, whether the project qualifies as a Planned Action. If the project does qualify as a Planned Action, the Director of Community Development Services shall notify the applicant, Ordinance No. 07- Page 6 and the project shall proceed in accordance with the appropriate permit procedures, except that no additional SEP A review, threshold determination or EIS will be required. 4. For projects that qualify as Planned Actions, public notice shall be provided as specified in FWCC 18.76 (c). 5. If a project is determined not to be a Planned Action, the Director of Community Development Services shall notify the applicant and prescribe a SEP A review procedure consistent with the City SEP A procedures and state laws. The notice to the applicant shall describe the elements of the application that result in disqualification as a Planned Action. . 6. Projects disqualified as a Planned Action may use or incorporate relevant elements of the environmental review analysis in the EIS prepared for the Planned Action, as well as other environmental review documents to assist in meeting SEP A requirements. The SEP A Official may choose to limit the scope of the SEP A review to those issues and environmental impacts not previously addressed in the EIS. @SeetioB 4 Planned Action Area Monitoring. The City Center Planned Action OrdiaaHce section shall be reviewed periodically by the Director of Community Development Services to determine its continuing validity with respect to the environmental conditions of the project area and vicinity and applicability of planned action requirements, including a review prior to the end of 2009 to ensure continued applicability of the transportation analysis and impacts. Based upon this review, this Ordinance section may be amended as needed, and another review period may be specified. !!:}SeetioB 5 Conflict. In the event of a conflict between this the Ordinance section or any mitigation measures imposed pursuant thereto and any ordinance or regulation of the City, the provisions of this Ordinance section shall control. SECTION 3. Seyerabilitv. Should any section, sentence, clause or phrase of this ordinance or the amendments to the Federal Way Municipal Code adopted hereby should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Ordinance No. 07- Page 7 SECTION 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. SECTION 4. Effective Date. This ordinance shall be in full force and effect five (5) days from and after its 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 ,2007. ApPROVED: Mayor, Mike Park ATTEST: City Clerk, Laura Hathaway, CMC ApPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: Ordinance No. 07- Page 8 COUNCIL MEETING,DATY: ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amendment to Agreement between Sound Transit and City of Federal Way POLICY QUESTION: Should the City of Federal Way approve amendments to the Agreement between Sound Transit and the City of Federal Way to allow Sound Transit up to seven (7) years for construction to commence on de~elopment of the eastern TOD site? Currently the Agreement allows five (5) years for construction to commence on de~etopmept of both the eastern and western TOn sites: . . _'. ... I... . . . " .... COMMITTEE: LAND USE AND TRANSPORTATION MEETING DATE: 1/22/07 CATEGORY: [g] Consent tJ City Council Business STAFFREpORTBY: PATRICK DOHERTY D Ordinance D Resolution D D Public Hearing Other _. \ : ',. . DEPT: CITY MAl'fAGER. . . , i Attachments: Proposed draft "First Amendment to the Agreement Between Central Puget Sound .Regional Transit Authority and the City of Federal Way for Future Development of Transit-Oriented Development at the Federal Way Transit Center." Summary/Background: The City and Sound Transit entered the "Agreement between Central Puget Sound Regional Transit Authority and the City of Federal Way for Future Development of Transit Oriented Development at the Federal Way Transit Center" effective October 25,2004, ("Agreement") whereby Sound Transit agreed to design and construct the Federal Way Transit Center Project and pursue development of future Transit Oriented Development ("TOD") opportunities on the TOD Properties located to the immediate east and west of the Transit Center. The Agreement, arid that Sound Transit would exert its best efforts, in consultation with the City, to obtain a qualified developer(s) to develop the TOD Properties. The Agreement provides that Sound Transit will secure a commitment from a qualified developer within eighteen (18) months of issuance of the Certificate of Occupancy of the Transit Center, which occurred on February 1, 2006. The Agreement also provides that Sound Transit must secure a commitment from a qualified TOD developer to commence construction on development of the TOD Properties within five (5) years of occupancy of the Project. To date Sound Transit has secured a qualified TOD developer for the East TOD Property (a joint proposal by the Korean Women's Association/Easter Seal of Washington/Common Ground), however, the selected TOD developer requires an additional two (2) years, to the five (5) provided in the Agreement, to secure funding for, and commence construction of, its TOD proposal. The proposal is to amend the Agreement to provide Sound Transit an additional two (2) years, for a total of seven (7) years, to commence construction on development of the TOD proposal for the East TOD Property. The existing provision allowing for five (5) years to develop the West :rOD Property would remain as is. Options Considered: 1. Approve amendment to the Agreement, as proposed in attached draft "First Amendment to the Agreement Between Central Puget Sound Regional Transit Authority and the City of Federal Way for Future Development of Transil-Oriented Development at the Federal Way Transit Center." 2. Reject the proposed amendment. 3. Approve the proposed amendment with the following changes: STAFF RECOMME~DATION: Option 1. CITY MANAGER ApPROVAL: . DIRECTOR ApPROVAL: Council Council COMMITTEE Rl!:COMMENDATION: "] move to recommend to City Council approval of the proposed amendment to the 'Agreemerit Between Central Puget Sound Regional Transit Authority and the City of Federal Way for Future Developme~t oJ1.ran.sit-Oriented Deveiopment at the Federal Way Transit Center. ;" COIllp1ittee Chair. Committee Member. Committee Member. . . . , PROPOSED COUNCIL MOTION: "] move approval of the LUTC recommendation to approve the proposed amendment to the 'Agreement Between Central Puget Sound Regional Transit Authority and the City of Federal Way for Future Development of Transit-Oriented Development at the Federal Way Transit Center. '" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [J APPROVED. o DENIED o TABLEDIl)EFERRED/NO ACTION. o MOVED T6 SECOND READlNG (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1ST reading . Enactment reading ORDINANCE # RESOLUTION # First Amendment to AGREEMENT BETWEEN CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND THE CITY OF FEDERAL WAY FOR FUTURE DEVELOPMENT OF TRANSIT ORIENTED DEVELOPMENT AT THE FEDERAL WAY TRANSIT CENTER This FIRST AMENDMENT ("First Amendment") is made and entered into this day of by" and between the CENTRAL PUGET SOUND . REGIONAL TRANSIT AUTHORITY ("Sound Transit") and THE CITY OF . FEDERAL WAY ("the City"), a municipal corporation, (collectively, the "Parties"), . regarding the development of a transit center project ("Project"). RECITALS WHEREAS, The City and Sound Transit entered into an agreement entitled "Agreement between Central Puget Sound Regional Transit Authority and the City of Federal Way for Future Development of Transit Oriented Development at the Federal Way Transit Center" effective October 25, 2004, ("Agreement") whereby Sound Transit agreed to design and construct the Federal Way Transit Center Project aHewincluding development of future Transit Oriented Development ("TOD") opportunities on the TOD Properties identified in the Agreement, and that Sound Transit would exert its best efforts, in consultation with the City, to obtain a qualified developer(s) to develop the TOD ProI?erties; and WHEREAS. the City issued the Certificate of Occupancy for the Proiect on February 1. 2006~ and WHEREAS. the Agreement provides at sections 2.l.C and 2.2 A and 2.2.B that Sound Transit will secure a cOIDmltmentfTom a qualified developer within eighteen (18) months of issuance of the Certificate of Occupancy~ and WHEREAS, the Agreement provides at sections 2.1.B and 2.2.B. that Sound Transit must secure a commitment from a. qualified TaD developer to commence constmctiondevelop of the East TOD Property within five (5) years of occupancy of the Project, and WHEREAS, Sound Transit has completed construction of the Project and has secured a qualified TOD developer for the East TOD Property (a joint proposal by the Korean Women's Association/Easter Seal of Washington/Common Ground), however, the selected TOD developer requires an additional two (2) years, to the five (5) provided in the Agreement, to secure funding for and commence construction of its TOD proposal; and WHEREAS, the Parties agree that it is in their mutual best interests to allow an additional two (2) years (to 2013) for the selected TOD developer to develop the East TOD Property; and WHEREAS. the parties also agree that if the proposed development does not proceed as scheduled. SOillld Transit will not have secured the commitment from a qualified developer within eighteen (18) months and will. therefore. convey the East TOD Property to the City~ NOW, THEREFORE, in consideration of the covenants and assurances set forth herein, it is mutually agreed as follows: 2 Section 1. Amend Section 2~1.B of the Agreement Sound Transit and the City agree to amend Section 2.1.B ofthe Agreement by replacing the Section in its entirety as follows: B.. Sound Transit shall exert its best efforts, in consultation with the City, to obtain a qualified developer(s) who will develop the West TOD Property within five (5) years and the East TOD Property within five (5) seven (7) years of occupancy of-the Project, consistent with Sound Transit's adopted policies for TOD development. In the event that Sound Transit determines, in its sole judgment, that a qualified TOD developer cannot be obtained through these good faith efforts, Sound Transit shall prepare and issue a Request for Proposals ("RFP"), at its sole expense and in consultation with the City, for development of the TOD Properties consistent with all applicable federal, state and local policies and regulations and at lease twelve (12) months prior to the anticipated occupancy ofthe Project. Section 2. Amend Section 2.2 of the Agreement. Sound Transit and the City agree to amend Section 2.2.B ofthe Agreement by replacing the Section in its entirety as follows: B. East TOD Property In the event that Sound Transit determines within eighteen (18) months of issuance of the Certificate of Occupancy for the Project that it is not able to secure a commitment from a qualified developer, who will agree to develop the East TOD Property within .five (5)seven ill years of occupancy of the Project on terms and conditions acceptable to Sound Transit in its sole judgment, or the developer does not commence construction of the TOD on the East TOD Property within fi.'/e (5)seven (7) years of occupancy of the Project, Sound Transit shall convey the East TOD Property to the City consistent with all applicable federal, state, and local policies and regulations for such conveyances, the terms of this Agreement, and for valuable consideration in the form of the City's assuranGe that any future development of the East TOD Property will be consisten,t with the definition of TaD in this Agreement. The City shall have seven (7) years from the time of the conveyance to de,velop a TOD project on the East TOD Property. The City agrees to consult with Sound Transit's Chief Executive Officer~ or designee, when reviewing proposed projects and no City-led project shall proceed unless he Or she concurs with the City that the proposed project is consistent with the definition of TOD in this Agreement which concurrence shall not be unreasonably withheld or delayed. If the City is unable to develop a TOD project that Sound Transit agrees is consistent with the definition of TOD in this Agreement within seven (7) years of the conveyance to the City, the City shall eith~r (1) retain ownership of the East TOD Property and pay Sound Transit the full market 3 value of the property as determined by a mutually selected certified appraiser, less the value of permanent utility, access, and signage easements over, across and through. the East TOD Property necessary for Sound Transit's continued use and enjoyment of the Project property as mutually determinedpy the. Parties, or (2) transfer the East TOD Property back to Sound Transit at no cost to Sound Transit. In the event the City desires to develop the East TOD Property in a manner that is not consistent with the definition of TOD in this Agreement within seven (7) years of conveyance to the City, the City shall pay Sound Transit the full market value of the property as determined by amutually selected certified appraiser, less the value of permanent utility, access, and sign age easements over, across and through the East TOD Property necessary for Sound Transit's continued use and enjoyment of the Project property as mutually determined by the Parties. Section ~~. Other Provisions of the Agreement Unchanged All other provisions of the Agreement shall remain, in their entirety, unchanged. CENTRALPUGETSOUND IU:GIONAL TRANSIT AUTHORITY ("SOUND TRANSIT") CITY OF FEDERAL WAY: Joni M. Earl Chief Executive Officer Neal Beets City Manager Date Date Attest: Laura Hathaway, CMC Approved as to forin: Approved as to form: Stephen G. Sheehy Sound Transit Legal Counsel Patricia A. Richardson City Attorney 4 COUNCIL MEETING DATE: ITEM #: ._..._....-.....~..._........._..._....- .......................................................................-....... .................................._-............... .......---.--.-.......................... ................................-....................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2007 PLANNING COMMISSION WORK PROGRAM POLICY QUESTION: WHAT ITEMS SHOULD BE ON THE PLANNING COMMISSION WORK PROGRAM FOR 2007? COMMITTEE: LUTC MEETING DATE: February 5, 2007, March 12,2007 CATEGORY: D Consent D City Council Business . STAFF REpORT By: KATHY MCCLUNG Ordinance D Resolution D D Public Hearing Other DEPT: Community Development Attachments: List of proposed projects in recommended priority order. Options Considered: City Council may move items around on the priority list for Planning Commission consideration. .............--.--------..---.--...--......--..---...--..--.------.---.--------.................--.........................-----.....-.----.-----..--..--.--.---.------.. STAFF RECOMMENDATION: Place items a-k on the Planning Commission work program for 2007. DIRECTOR ApPROVAL: ~ CITY MANAGER ApPROVAL: Council Committee Council COMMITTEE RECOMMENDATION: THE COUNCIL HAS THE FOLLOWING OPTIONS: I.-RECOMMEND APPROVAL OF STAFF RECOMMENDATION TO FULL COUNCIL. 2.RECOMMEND APPROVAL TO FULL COUNCIL WITH THE FOLLOWING CHANGES: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "] move approval of (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED COUNCIL BILL # 2007 Proposed Planning Commission Work Program 1. Projects currently working on a. Annexation- preparation ofBRB application, public outreach program. b. Shoreline Master Program- PC March. Estimated completion June 2007. c. Small lot, Zero-lot line, 9 lot short plat code amendments. PC March. Estimated, completion May. d. Comprehensive Plan Update- PC March. Estimated completion June/July. e. BC/BP Code Amendments- PC March. Estimated completion June/July. 2.Projects not started from 2006 or newly proposed in staff-recommended priority order: f. Tree Ordinance (2006) i. Mass grading ii. Cutting prior to development ( final plat) iii. Tree retention and replacement iv. Tree plan requirements v. Penalties g. South 356~h Sub-area Plan (2006)- Council committed in 2006 to complete this project within a year. h. 2007 Comp Plan Updates (new & required) including individual parcel requests. I. Design Guidelines (new)- The city has had about 10 years with current guidelines in place. It is time to review them and make revisions for what is working and what is not. Included in this amendment would be design standards for essential public facilities. J. Traffic (2006) -related Neighborhood Meetings- Public Works will prepare with 2007 traffic-related Comp Plan amendments. k. Junk (new)- What constitutes junk. Strengthen code to make easier to enforce code. 1. Building heights (new) -look at building heights in all zones. A request has been made to look at the BNzone, but looking at height changes without looking at how they are in relationship to each other may not meet the intent ofthe Comprehensive Plan. m. Submittal requirements for preliminary plats (new) Stakeholders think the requirements are too costly and difficult at this stage ofthe project. Also include lot averaging as a proposal for efficient development. n. Cell Tower Process (new)- The process is too staff time-consuming. o. Single family lot coverage and size of secondary/accessory buildings (new) p. Hours of construction operation & appraisal consistency (2006) - clean up items in Code q. Off-site signs for special events (2006) r. Conditional uses (2006) -,-- Suggested by the Planning Commission to use this method of making non-conforming uses conforming for the purposes of expansion. 3. Recommended 2007 Work Program - Recommend that items a-k be on this year's work program.