Council PKT 01-15-2008 Regular
AGENDA
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
January 15,2008- 7:00 PM
(www.cityoffederalway.com)
*****
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
. Proclamation: Martin Luther King Jr. Day (Page 1)
. City Manager/Emerging Issues
4. CITIZEN COMMENT
PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens
may address City Council at this time. When recognized by the Mayor, please come forward to the podium and state
your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt
citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate.
5. CONSENT AGENDA
Items listed below have been previously reviewed by a Council Committee of three members and brought
before fUll Council for approval; all items are enacted by one motion. Individual items may be removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: Approval January 2, 2008 Regular Meeting (Page 2)
b. 10th Ave S Stormwater Trunk Replacement Project - 30% Design Review (page 5)
c. Transportation Improvement Plan (TIP) Grant Funding Acceptance (page 7)
d. S 356th Street at SR 99 Intersection Imp Preject - 100% Design Status Report (page 9)
e. City Center Access Project Phase II - Environmental Assessment (EA) - Authorization
to Execute (page 11)
f. Resolution: Hoban Abatement Project (page 14)
g. Resolution: North Lake Pointe Preliminary Plat (page 19)
h. 2008 Planning Commission Long Range Planning Work Program (page 124)
1. Cultural Arts Contract for Services Program (Page 137)
J. Code Red - Mass Notification System (page 139)
k. Performing Arts Feasibility Study (page 147)
6. CITY COUNCIL BUSINESS
a. 2008 Council Committee Appointments (Page 148)
b. Planning Commission Appointments (Page 150)
c. Arts and Human Services Commission Appointments (Page 152)
d. Amendment to Interlocal Agreement with Coalition of Jurisdictions Appealing the
NPDES Phase II Permit (page 154)
7. CITY COUNCIL REPORTS
8. CITY MANAGER REPORT
9. EXECUTIVE SESSION
a. Potential Litigation pursuant to RCW 42.30.110(1)(i)
10. ADJOURNMENT
** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA **
THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND
ALSO ON THE CITY'S WEBSITE UNDER "NEW-FEDERAL WAY DOCUMENT LIBRARY"
1
COUNCIL MEETING DATE: January 15, 2008
ITEM #:
Sa
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should Council approve the draft minutes of the January 2, 2008 Regular City Council
Meeting?
COMMITTEE: Not Applicable
MEETING DATE: Not Applicable
CATEGORY:
~ Consent
o City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
~!~!~.RE.~2~!.~Y:.!Y.~~.~f.'f.'!.!.~~~!.~.__..__._._.._......_.__.._.
Attachments:
Draft meeting minutes of the January 2, 2008 Regular Council Meeting.
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
DEPT:NotApplicable
...._..__.._.....____...._____._H__...._....._._._.___._..__..._,___._..__..____,.____.._..__..._..__.____.._.__..H
STAFF RECOMMENDATION: Staff recommends approving the minutes as presented.
CITY CLERK ApPROVAL:
N/A
DIRECTOR ApPROVAL:
N/A
N/A
Committee
Council
Committee
Council
COMMITTEE RECOMMENDATION: Not Applicable
PROPOSED COUNCIL MOTION: "I MOVE TO APPROVE THE MINUTES OF THE JANUARY 2, 2008 REGULAR
MEETING AS PRESENTED".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
2
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
January 2,2008- 7:00 PM
MINUTES
(www.cityoffederalway.com)
*****
1. CALL MEETING TO ORDER
Mayor Park called the meeting to order at 7:04 PM. Councilmembers Burbidge, Dovey, Duclos Faison,
Ferrell, and Kochmar present.
2. PLEDGE OF ALLEGIANCE
City Manager Neal Beets led the flag salute.
MOTION: Councilmember Kochmar moved to suspend the rules to allow Judges to conduct the swearing-in
ceremonies for the elected officials and the Mayor/Deputy Mayor appointments. Councilmember Burbidge
second. The motion carried 7-0.
3. PRESENTATIONS
. Municipal Court Judge Michael Morgan conducted the Swearing-in Ceremony for Elected
Officials - Jack Dovey, Dini Duclos, Jim Ferrell and Mike Park.
City Clerk Laura Hathaway called for nominations for Mayor. Councilmember Kochmar nominated
Councilmember Dovey. There were no other nominations.
MOTION: Councilmember Kochmar moved to close the nominations for Mayor. Councilmember Park
second. The motion carried 7-0.
MOTION: Councilmember Kochmar moved to instruct the City Clerk to cast a unanimous ballot for
Councilmember Jack Dovey as Mayor for the 2008-2009 term. Councilmember Park second. The motion
carried unanimously.
District Court Judge Elizabeth Stephenson preformed the swearing-in ceremony of Mayor Dovey.
Mayor Dovey thanked outgoing Mayor Park for his service and presented him with a gavel.
3
b. Court STOP (Services-Training-Officers-Prosecutors) Grant to Benefit Domestic
Violence Victims
Judge Morgan reviewed the STOP Grant for the City Council. The application is due by January 4, 2008
which is why this did not go through Council Committee. The grant would benefit the court and domestic
violence victims by adding an x-ray machine to enhance the security domestic violence victims, prosecutors
who work domestic violence cases and the overall security of the court. The grant requires a 30% match by
the City.
MOTION: Councilmember Burbidge moved approval to authorize the Municipal Court to apply for
the STOP Grant. Councilmember Ferrell second. The motion carried 7-0.
7. CITY COUNCIL REPORTS
Councilmember Kochmar welcomed Councilmember Duclos.
Councilmember Park noted the Lodging Tax Advisory Committee Meeting is scheduled for January 10,
2008 and the Joint City/Chamber Meeting will be held tomorrow morning (January 3, 2008).
Councilmember Burbidge reported that the next ParksIRecreation/Human Services/Public Safety
Committee meeting is scheduled for January 8,2008 and encouraged all to attend a meeting on January 9,
2008 to discuss the Performing Arts Center Feasibility Study. The meeting will start at 7:00 PM.
Councilmember Duclos stated she is happy to be serving the citizens of Federal Way.
Deputy Mayor Faison stated the January Finance/Economic Development/Regional Affairs Committee
meeting has been postponed until February.
Mayor Dovey thanked his fellow Councilmembers for their appointment; stated the Land
Useffransportation Committee meeting has been rescheduled until January 14th, and reviewed the numerous
upcoming regional/committee/and public meeting set for the coming weeks.
8. CITY MANAGER REPORT
City Manager Beets welcomed new Councilmember Duclos to the City and welcomed back reelected
Councilmembers Ferrell, Park and Dovey. He also congratulated Mayor Dovey and Deputy Mayor Faison
on their appointments.
9. ADJOURNMENT
Mayor Dovey adjourned the meeting at 8: 10 PM
ATTEST:
Laura K. Hathaway, City Clerk
Approved by Council on:
4
COUNCIL MEETING DATE: January 15, 2008
ITEM #:~h
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: loth Avenue S Stormwater Trunk Replacement Project-30% Design Review (ClP #304-3100-260)
POLICY QUESTION: Should the Council authorize staff to proceed with design of the 10th Avenue S Stormwater
Trunk Replacement Project and return to the Council at the 85% design completion for further reports and
authorization?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: December 17,2007
CATEGORY:
l:8J Consent D Ordinance D Public Hearing
D City Council Business D Resolution D Other
STAFF REpORT By: Paul A. Bucich, P.E., Surface Water Manag~ DEPT: Public Works
.-..---------.--.-.-------------------.--.-----.---.---.-.-----...-.-----------________...______.___________m_.______..__.__..____...____. ...._m.._ ___~----..-..-..-mm-.m.......-.-...... ._._._.
Attachments: Memorandum to Land Use and Transportation Committee dated December 17,2007.
Options Considered:
1. Authorize staff to proceed with design of the 10th A venue S Stormwater Trunk Replacement Project and
return to the Council at the 85% design completion for further reports and authorization.
2. Do not authorize staff to proceed and provide direction to staff.
STAFF RECOMMENDATION: Staff recommends forwarding Option I to the January 15,2008 City Council
Consent Agenda for approval.
CITY MANAGER ApPROVAL: ~
Committee
~ DIRECTOR ApPROVAL:
e-wt
Conuninee
~
COMMITTEE RECOMMENDATION: Forward staff recommendation for Option
Council Consent Agenda for approval.
to the January 15, 2008 City
v-- /'
OL------0<---~ .-.----.
Qg!,::me,
OUN IL MOTION: "I move to authorize staff to proceed with design of the 10th Avenue S
Stor a r ru Replacement Project and return to the Council at the 85% design completion for further
reports and authorization. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIOEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
5
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
December 17,2007
Land Use and Transportation Committee
Neal Beets, City Manager
Paul A. Bucich, P.E., Surface Water Manager ~
10th Ave. South Stormwater Trunk Replacement Project -30% Design Review
(CIP # 304-3100-260)
BACKGROUND:
This project will expand the flow capacity of the existing undersized stormwater drainage system along
10th Avenue South between the south side of the intersection with S. 308th Street and the outfall into Cold
Creek located immediately south of the intersection with S. J06th Street. The project is required to
alleviate flooding of Easter Lake shorelands and structures. 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
· Obtain city Community Development Director's Approval for stream channel stabilization
work, obtain HPA from WDFW and obtain city Right-of Way Permit.
· Project Design to 85% level.
· Subsurface Utility Investigations & Potential Relocations
This project is scheduled for construction to commence in early July of 2008.
PROJECT ESTlMA TED EXPENDITURES:
Engineering Design
Year 2007 Construction (Estimate)
20% Construction Contingency
Pavement Mitigation Fee
15% Construction Inspection & Management
TOTAL PROJECT COSTS
$ 59,742
$252,891
$ 50,578
$ 6,000
$37,934
$407,145
AVAILABLE FUNDING:
TOTAL A V AILABLE BUDGET
$430,000
cc: Project File
Day File
6
COUNCIL MEETING DATE: January 15.2008
ITEM #: 5' C.--
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Acceptance of Grant Funding for Transportation Improvement Projects
POLICY QUESTION: Should City Council authorize staff to accept TIB grant funding for S 356lh Street at Pacific
Highway South Intersection Improvements project?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: December 17,2007
CATEGORY:
f2J Consent
D City Council Business
o Ordinance
D Resolution
D
D
Public Hearing
Other
~!~_~~.~~_!'2~!~X:~~(l~_~(lII()lltn.~ :.~:'. ~tr~et _~y~t<::~~~_M(lll<l.g<::~__... DEPT: Pub lic~()~~~
Attachments: LUTC Memorandum, dated December 17,2007.
Options Considered:
1. Authorize staff to accept the 2009 Urban Corridor Program (State Transportation Improvement Board)
grant in the amount of$4,350,533 for the S 356th Street at Pacific Highway South Intersection
Improvements project.
2. Do not accept grant funding and provide direction to staff
STAFF RECOMMENDATION: Option #1; Authorize staff to accept the 2009 Urban Corridor Program (State
Transportation Improvement Board) grant in the amount of $4,350,533 for the S 356th Street at Pacific Highway
South Intersection Improvements Project.
CITY MANAGER ApPROVAL: ~
Committee
~ DIRECTOR ApPROVAL:
~
ew{
Committee
M
Council
COMMITTEE RECOMMENDATION: Forward Option I to the January 15,2008 City Council Consent Agenda for
approvaL Authorize staff to accept the 2009 Urban Corridor Program (State Transportation Improvement Board)
grant in the amount of $4,350,533 for the S 356lh Street at Pacific Highway South Intersection Improvements
Project.
v/ ~
_! = -< ' >1
>7 ~=C"--- \.7 C- L-~~~ - t/
y, Chair ___/ Lmda Kochmar, Member ean McC gan, Member
SED NCIL MOTION: HI move to authorize staJJto accept Authorize staJJto accept the 2009 Urban
Corri r ogram (State Transportation Improvement Board) grant in the amount of$4.350.533 for the S 35(/h
Street at Pacific Highway South Intersection Improvements Project H
(BELOW TO BE COMPLETED BY CITY CLERKS OFFiCE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
t ST reading
Enactment reading
ORDINAl'lICE #
RESOLUTION #
7
CITY OF FEDERAL WAY
MEl\10RANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
December 17, 2007
Land Use and Transportation Committee
Cary M. Roe, P_E., Assistant City Manager, Chief Operations Officer, Emergency tAJY(
Manager
John Mulkey, P.E., Street Systems Project Engineer5r
Acceptance of Grant Funding for Transportation Improvement Projects
BACKGROUND:
This memorandum provides the Council with the current status of the grant applications submitted in
2007, grant funding received to date, and required match_
GRANT
FUNDING
REQUIRED
MA TeH
Pacific Highway At S356th Street Intersection Improvements
(Design, RightJ!.l 'f!!-L and Construction) ._._~_~..~.~___~~.
2009 Urban Corndor Program (Till)
$4,350,533
$2,987,310
cc: Project File
8
COUNCIL MEETING DATE: January 15,2008
ITEM#: 5d
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: South 356th Street at SR 99 Intersection Improvements Project - 100% Design Status Report
POLICY QUESTION: Should the Council authorize staff to bid the South 356th Street at SR 99 Intersection
Improvements Project, and return to LUTC for bid award, further reports and authorization?
COMMITTEE: Land Use and Transportation Conunittee MEETING DATE: December 17,2007
CATEGORY:
[8J Consent
o City Council Business
o Ordinance
o Resolution
o
o
Public Hearing
Other
.~.!~.t:~...~~()~!..!lX:~(l~<ln...~all()lI[ll...~:....E::'...~.!~~~t...~Ys.tt:..~....~a.nag~r
Attachments: Memorandum to LUTC dated December 17,2007.
Qptio'!~~()l!s!<<!er~<I: ..
l. Authorize staff to bid the Soutb 356th Street at SR 99 Intersection Improvements Project and return to the
LUTC Committee to award the project to the lowest responsive, responsible bidder.
2. Do not authorize staff to bid this project and provide direction to staff.
DEPT: Public Works
ST AFF RECOMMENDATION:
Authorize staff to bid the South 356th Street at SR 99 Intersection Improvements Project and return to the LUTe
Committee to award the project to the lowest responsive, responsible bidder.
ClTY MANAGER APPROVAL:
~
Committee
DIRECTOR ApPROVAL:
~
Conunittee
~
Council
COMMITTEE RECOMMENDATION: Forward Option I to the January 15th, 2008 City Council Consent Agenda for
approval.
/
'-:-(~<---<- oC~ <: L~__
Linda Kochm , Member
NelL MOTION: "[ move to authorize staff to bid the South 356th Street at SR 99 Intersection
Project, and return to the LUTC Committee to award the project to the lowest responsive, responsible
(BELOW TO BE COMPLETED BY ClTY CLERKS OFF/CE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIOEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
K:\COUNCIL\AGDBILLS\200S\01-lS-QS S3S6th Street at SR 99 Intersection Improvements Project - 100% Design Status Report.doc
9
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
December 17,2007
Land Use and Transportation Committee
Cary Roe, P.E., Assistant City Manager ~ ~
Marwan Salloum, P.E., Street Systems Manager ~
John Mulkey, P. E. Street Systems Project Engineer
South 356th Street at SR 99 Intersection Improvements Project - 100% Design Status Report
SUBJECT:
BACKGROUND:
This project will realign the east leg of South 356th Street to line up with the west leg. South 356th Street
will be widened to 2 thru-Ianes and a left-turn lane westbound and 2 left-turn lanes, a thru-Iane and a
right-turn lane eastbound. Pacific Highway South (SR 99) will be widened to: 2 thru lanes, a right turn
lane, and left-turn lane southbound and 2 thru-Ianes and 2 left-turn lanes northbound. The traffic signal
bridge structure will be replaced to accommodate the added lanes.
PROJECT ESTIMATED EXPENDITURES:
Planning and Design
ROW Acquisition
Construction cost 2008 (estimate)
10% Construction Contingency
Construction Management
TOTAL PROJECT COSTS
$1,200,700
2,100,000
3,864,000
386,400
483,000
$8,034,100
AVAILABLE FUNDING:
TIB Grant Fund
Budgeted City Match (2003)
Utility Tax (2007)
Transfer from Unallocated CrP fund
Interest
Mitigation
TOTAL AVAlLABLE BUDGET
$4,728,743
1,120,000
200,000
433,829
201,847
1,372,575
$8,OS6,994
This project estimated expenditures are within available funding. Due to the fact that the awarded TIB
grant funds will not be available until August 2008, and the scheduled construction of nearby S348th
Street HOV project in 2008. Staff is anticipating bidding the project in December 2008 and awarding in
February 2009. Construction will commence in March 2009 with an estimated substantial completion
date of November 2009.
cc: Project File
Day File
10
COUNCIL MEETING DATE: January 15,2007
ITEM
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
,
SUBJECT: City Center Access Project Phase 2 Environmental Assessment ("EA") - Authorization to Execute
Contract
POLICY QUESTION: Should the Council authorize contract execution for the City Center Access Project Phase 2 -
"EA" with Parametrix, Inc.?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: December 17,2007
CATEGORY:
r8J Consent
o City Council Business
o Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REpORT By: Maryanne Zukowski, P.E.
Attachments:
DEPT: Public Works
City of Federal Way LUTC Memo dated December 17, 2007.
Options Considered:
1. Authorize execution of the contract between the City and Parametrix, Inc. for the City Center Access Project
Phase 2 - "EA".
2. Do not authorize contract execution and provide staff direction.
STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the January , 2007 City Council Consent
Agenda for approval and authorize the City Manger to execute the contract with Parametrix, Inc. for the City Center
Access Project Phase 2 ~ "EA".
DIRECTOR ApPROVAL:
(3Hr(
Committee
~
Council
CITY MANAGER ApPROVAL: ~
Committee
COMMITTEE RECOMMENDATION: Forward Option 1 to the January 151h, 2007 City Council Consent Agenda for
approval and authorize the City Manager to execute the contract with Parametrix, Inc for the City Center Access
Project Phase 2 "EA".
SE Co CI OTlON: HI move authorization of the City Manager to execute the contract with
ix, lnc for the City Center Access Project Phase 2 "EA ".
(BELOW TO BE COMPLETED BY CfTY CLERKS OFFiCE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
COUNCIL BILL 1#
1 ST reading
Enactment reading
ORDINANCE 1#
RESOLUTION 1#
K:\COUNCIL\AGDBILLS\2008\Ol-15-07 rev City Center Access Project PhaSft Contract Execution .doc
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
December 17,2007
Land Use and Transportation Committee (LUTC)
Cary Roe, P.E., Assistant City Manager /!A1J1--,
Maryanne Zukowski, P.E., Senior Traffic Engineer A
SUBJECT:
City Center Access Project Phase 2 Environmental Assessment "EA" Consultant Award
BACKGROUND:
In May of 2007, City Council approved authorization to proceed with Phase II of the City Center Access
Project, Final Interchange Justification Report (IJR) and Environmental Assessment (EA). With this
approval, Council requested review of the Draft Public Involvement and Communications Plan (PICP)
and notification of Consultant Contract Award. The following represents activities completed to date:
. February 2007 - October 2007
. July 2007
. July 2007 - November 2007
. July 2007 - October 2007
. July 2007
. September 2007
. October 2007 - December 2007
. December 2007 - January 2008
PROPOSED CONSULTANT AWARD
Staff prepared Contract Scope
Council Approved Draft PICP
Stakeholder Recruitment
WSDOT and FHW A contract coordination and
approval of the scope of work
Advertised for Consultants
Interviewed Consultants
Consultant Negotiations
Contract Award
Four consultant teams were interviewed. The team selected for contract negotiations is
Parametrix/CH2Mhill/PRR
CONSULTANT CONTRACT BREAKDOWN
Project Management
Public Involvement and Communications
Travel Demand Forecasting and Operational Analysis
Interchange Justification Report
Environmental Assessment Process
NEPA Environmental Assessment & Preliminary Design
TOT AL CONSULTANT CONTRACT
$ 218,971
$ 241,306
$ 237,811
$ 33.877
$ 78,055
$ 1.918.254
$ 2,728,274
12
December 17, 2007
Land Use and Transportation Committee
City Center Access Project
Page 2
PROJECT ESTIMATED EXPENDITURES
Planning and Design
WSDOT JA Contract
Temp Help
Access Hearing
Misc. (Ads and production costs)
Title Reports
Contingencies 7%
TOTAL PROJECT ESTIMATED COSTS
$ 2,728,274
$ 150,000
$ 75,000
$ 30,000
$ 22,000
$ 10,000
$ 211,069
$ 3,226,343
AVAILABLE FUNDING
2007/2008 authorized expenditure
Mitigation to date
Interest Earning to date
TOTAL AVAILABLE FUNDING
PROJECT BUDGET REMAINING
$ 3,000,000
$ 175,140
$ 63,472
$ 3,238,612
$ 12,269
C\DOCUM E -I \Default\LOCALS-1 \Temp\XPgrpwise\l2_17 _07 LUTC Memo_doc
13
COUNCIL MEETING DATE: JanuarYl5 2008
.....--------------.-..------........-........--......----------______________.______'2._____..._.___..____.......__..____________.__.________..._____________________.____.___ _........._...___.........___._....
ITEM #: 5+
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: THE HOBAN ABATEMENT PROJECT
POLICY QUESTION: SHOULD THE CITY COUNCIL CERTIFY THE COST OF THE ABATEMENT OF THE HOBAN
PROPERTY?
COMMITTEE: LAND Us ElTRANS PORT A TION COMMITTEE (LUTC) MEETING DATE: DECEMBER 17, 2007
CATEGORY:
D Consent
D City Council Business
D Ordinance
[gJ Resolution
D
D
Public Hearing
Other
-~!~!-~-~P~~!-~.Y:_Q~~9_Y~~~~,__~9P~_~..2~!I:..I~~..~~Qff!~_f.=~.........
DEPT: COMMUNITY DEVELOPMENT
Attachments: December 10, 2007, Staff Report and Resolution
Options Considered: 1) Certify as Presented; 2) Modify and Certify; or 3) Decline to Certify
STAFF RECOMMENDATION: Staff recommends Option #1) Certify as Presented
CITY MANAGER ApPROVAL:
DIRECTOR ApPROVAL:
COMMITTEE RECOMMENDATION: I move that the Land Useffransportation Committee forward to the City
Council, and place on the January IS 2008, Consent Agenda, a recommendation to certify as presented, the cost of
the abatement of the Hoban property.
IJ
,.--
HI move approval of the certification of cost of the abatement of the Hoban
(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)
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
14
~
CITYOF ~ ~
Federal Way
Deparbnent of Community Development Services
33325 8lh Avenue South
PO Box 9718
Federal Way, WA 98063-9718
253-835-2601 - Fax: 253-835-2609
www.citvoffederalwav.com
MEMORANDUM
DATE: December lO, 2007
TO: City Council Members
VIA: Neal Beets, City Manager @
FROM: Greg Vause, Code Enforcement Officer
SUBJECT: Resolution to Certify the Abatement of Hoban Property
Background Information
On August 2, 2007, a Notice and Order to Correct Violations was issued to Mr. Hoban,
the property owner of2316 SW 325th Street. [n Violation Order 07-104006, the city cited
Mr. Hoban with violations of: I) Federal Way City Code (FWCC) Section 22 952, "Junk
and Junk Yards Prohibited"; 2) International Property Maintenance Code (fPMC) 302.5,
"Rodent Harborage"; and 3) FWCC Section 22-1177, "Parking and Storage of
Recreational Vehicle."
On August 16, 2007, Mr. Hoban entered into a Limited Right of Entry Agreement
(LROE) with the City of Federal Way. [n the LROE, Mr. Hoban agreed to bring his
property into compliance by August 23, 2007. On August 23rd Mr. Hoban was not in
compliance. The city, in section #3 of the LROE, has the right to bring property into
compliance and then recover reimbursement from the property owner.
On September 4,2007, the city had its sub-contractor, Olympic Landscape Maintenance,
started the clean-up work. AU of the junk: and junk: vehicles, rodent harborage, and
recreational vehicle were removed. The property was brought into compliance.
On November 2, 2007, Mr. Hoban was presented the bill for the work that the city had
done to bring his property into compliance. He was requested to pay within 30 days.
As of December 10,2007, Mr. Hoban has not paid the City of Federal Way. I request that
the City Council certify the cost of the abatement on The Hoban Project.
15
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, CONFIRMING REPORT OF
EXPENSES FOR THE ABATEMENT OF NUISANCE PROPERTY
WHEREAS, on August 2,2007, the City issued a Notice of Violation and Order to Correct
pursuant to Federal Way City Code ("FWCC") 1-17 to Daniel Hoban for violations of FWCC 22-
952 Junk and Junk Yards Prohibited, International Property Maintenance Code ("IPMC") 302.5
Rodent Harborage, and FWCC 2-1177 Parking and Storage of Recreational Vehicles existing at the
property located at 2316 SW 325 Street, Federal Way, W A 98023 C'Property"); and
WHEREAS, on August 16, 2007 Mr. Hoban and the City of Federal Way ("City") entered
into a Limited Right of Entry Agreement ("Agreement") whereby Mr. Hoban agreed to correct the
violations By August 23, 2007; and
WHEREAS, the Agreement further provided that Mr. Hoban authorized the City to correct
the violations if the Property was not brought into compliance by August 23, 2007; and
WHEREAS, on August 23, 2007, the Property remained in vioLation; and
WHEREAS, Mr. Hoban granted the City and its agents, employees, and contractors, the right
to enter upon the Property to correct the violations; and
WHEREAS, the abetment was performed by Olympic Landscape Maintenance, under
contract with the City, at a cost of$9,217.97; and
WHEREAS, the City has incurred incidental expenses in the amount of$3, 183.27; and
WHEREAS, FWCC 1-21 (b )(2) provides the City shall bill its costs, including incidental
RES #
, Page 1
16
expenses, 0 f abating the vio lation to the person( s) ob ligated to perform the work under the notice and
order, which costs shall be come due and payable 30 days after the date of the bill; and
WHEREAS, on November 5, 2007, the City personally served Mr. Hoban with an invoice for
the total amount of abatement costs; and
WHEREAS, Mr. Hoban has failed to pay for the total costs of abatement within the 30-day
period; and
WHEREAS, the City Council received an itemized report from the city's Code Enforcement
Officer of the work performed to correct the violations; and
WHEREAS, pursuant to the FWCC 1-21 the City Council confirms the amount of the
abatement and incidental expenses state in the report and authorizes collection of that amount;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section I. Confirmation 0 f Report 0 fExpenses. The Council herby confirms the expenses 0 f
the abatement, in the amount of$9,217.97 and incidental expenses incurred by the city in the amount
of$ 3,183.27, for a total of$12,401.24.
Section 2. Severability. If any section, sentence, clause or phrase ofthis resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but no limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
RES #
, Page 2
17
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 5. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
W AS HlNGTON this
day of
, 2007.
CITY OF FEDERAL WAY
MAYOR, MICHAEL PARK
ATTEST:
CITY CLERK, LAURA HATHA WAY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
RES #
, Page 3
18
COUNCIL MEETING DATE: December 17,2007
ITEM #: 5~
... . .~__.~.'''__~''''____''_ __._..__ . m....._..
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: NORTH LAKE POINTE PRELIMINARY PLAT ApPLICATION, FILE 06-106495-00-SU
POLICY QUESTION: SHALL THE PROPOSED 13-LOT NORTH LAKE POINTE PRELIMINARY PLAT APPLICATION BE APPROVED?
COMMITTEE: LAND USE AND TRANSPORTATION COMMITTEE (LUTC)
MEETING DATE: December 17,2007
CATEGORY:
[81 Consent
o City Council Business
o Ordinance
[81 Resolution
o
o
Public Hearing
Other
~T ~~'!_~!c::!!t.!_~_~:_Q~"-~~_~~2_~~~~~iat~.R.!~~_~.__.....
DEPT: Community Development
Attachments: North Lake Pointe Hearing Examiner recommendation dated November 26,2007; Preliminary plat
staff report dated October 1,2007, with exhibits including preliminary plat map; and draft City Council Resolution
for North Lake Pointe.
Options Considered:
1. Adopt the Hearing Examiner Recommendation and approve the North Lake Pointe Preliminary Plat
Resolution.
2. Reject the Hearing Examiner Recommendation.
3. City Council may adopt its own recommendations and approve the North Lake Pointe Preliminary Plat
Resolution.
4. City Council may adopt its own recommendations and disapprove the North Lake Pointe Preliminary Plat
Resolution.
STAFF RECOMMENDATION: Council approval of the North Lake Pointe Preliminary Plat resolution, based on the
findings, conclusions, and recommendation of the Federal Way Hearing Examiner (Option #1).
CITY MANAGER ApPROVAL:
~
DIRECTOR ApPROVAL:
Uf1rl
Committee
~
/
~ ~c~..
Linda Kochmar, Member
gan, Member
COMMITIEE RECOMMENDATION: HI move Option #/ to the Full City Council. for the January
agenda_ ..
8. City Council cOnsent
o D Co MOTION: HI move adoption of the Hearing Examiner recommendations and approval of the Mirror'
Preliminary Plat Resolution_ ..
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDfNO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #I
1ST reading
Enactment reading
ORDINANCE #I
RESOLUTION #I
Doc. !.D.
19
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, W ASIDNGTON, APPROVING NORTH LAKE
POINTE PRELIMINARY PLAT, FEDERAL WAY FILE NO. 06-
106495-00 SUo
WHEREAS, the owner, Russel Millard, applied to the City of Federal Way for preliminary plat
approval to subdivide certain real property known as North Lake Pointe, and consisting of 3.7 acres into
twelve (12) single-family residential lots located at 32214 38th Avenue South; and
WHEREAS, on August 22, 2007, an Environmental Determination of Nonsignificance (DNS) was
issued by the Director of Federal Way's Department of Community Development Services pursuant to the
State Environmental Policy Act (SEPA), Chapter 43.2IC; RCW, and
WHEREAS, the Federal Way Hearing Examiner on November 14, 2007, held a public hearing
concerning North Lake Pointe preliminary plat; and
WHEREAS, following the conclusion of said hearing, on November 26, 2007, the Federal Way
Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and
recommending approval of North Lake Pointe 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 December 17, 2007, the City Council Land Use and Transportation Committee
considered the record and the Hearing Examiner recommendation on North Lake Pointe 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 North Lake Pointe
preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and
Res. #
, Page I
20
WHEREAS, on January 7, 2008, the City Council considered the record and the Hearing Examiner
recommendation on North Lake Pointe 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 Findin!!:s of Fact and Conclusions.
l. The findings of fact and conclusions of the Hearing Examiner's November 26, 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 to be a
conclusion, and any conclusion deemed to be a finding, shall be treated as such.
2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing
Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision
makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces,
drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary
waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are
required by City code and state law, and provides for sidewalks and other planning features to assure safe
walking conditions for students who walk to and from school.
3. The public use and interest will be served by the preliminary plat approval granted
herein.
Section 2. Application Approval. Based upon the recommendation of the Federal Way Hearing
Examiner and findings and conclusions contained therein as adopted by the City Council immediately
above, North Lake Pointe preliminary plat, Federal Way File No. 06-106495-00 SU, is hereby approved,
subject to conditions as contained in the November 26, 2007, Report and Recommendation of the Federal
Way Hearing Examiner (Exhibit A).
Res. #
, Page 2
21
Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are
all integral to each other with respect to the City Council finding that the public use and interest will be
served by the platting or subdivision of the subject property. Should any court having jurisdiction over the
subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat
approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the
City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or
conditions and conduct such additional proceedings as are necessary to assure that the proposed plat
makes appropriate provisions for the public health, safety, and general welfare and other factors as
required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such
recommendation to the City Council for further action.
Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held
to be invalid or unconstitutional by a 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. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date of the
resolution is hereby ratified and affirmed.
Section 7. Effective Date. This resolution shall be effective immediately upon passage by the
Federal Way City Council.
Res. #
, Page 3
22
RESOLVED BY THE CITY COUNCIL Of THE CITY Of FEDERAL WAY, WASHINGTON, THIS _ DAY
,2008.
Of
CITY Of FEDERAL WAY
MAYOR, MICHAEL PARK
Res. #
, Page 4
23
ATTEST:
CITY CLERK, LAURA HATHAWAY
ApPROVED As To FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERIC
PASSED BY THE CITY COUNCIL:
RESOLUTION No.
Res. #
, Page 5
24
fiS) l~ fG IE ~ W IE ~
Ull~?~OO_7J~
City Clerf;'s Offic'o'
Gi . of Federal__:NilY_______
PoL L_C
ATTORNEYS AT LAW
N. Kay Richards
Legal Assistant
206.447.2231
krichards@omwlaw.com
November 26, 2007
(]e - G rf31f 12
,j;kuIJ ~
m.~
felt '
Laura K. Hathaway
City Clerk
City of Federal Way
P. O. Box 9718
Federal Way WA 98063-9718
Re: Decision for North Lake Pointe Preliminary Plat
Dear Laura:
At the request of Phil Olbrechts, enclosed IS the executed original of the above-referenced
document.
Very truly yours,
OGDEN MURPHY WALLACE, P.L.L.C.
n.~~
N. Kay Richards, Legal Assistant to
PhilOlbrechts
Inkr
Enclosure
cc: Russ Millard
Established 1902
A Member of the International Lawyers Network with independent member law firms worldwide
loOTRiiilAVenue,:)ulfeli'lJV. 5eatITe,VVAv8Iul-ro80 . ZO-04~. fox:ZOO.447.D2l5 . VVeo:wwwomwI6w.com
{PA067267J.OOC: 1113041.9OOOOOI}
BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY
Phil Olbrechts, Hearing Examiner
RE: North Lake Pointe Preliminary Plat
06-106495-00-SU
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND RECOMMENDATION
INTRODUCTION
The applicant requests approval of a preliminary plat to subdivide a 3.7 acres into 12 residential,
single-family lots. The Examiner recommends approval subject to conditions recommended by
staff.
ORAL TESTIMONY
David Lee, Associate Planner for Federal Way, summarized the application. A staff member
from the Public Works Department answered questions regarding the use of a private tract for
access to some of the lots.
EXHIBITS
See list of exhibits at page 11 of the October 1, 2007, staff report prepared by David Lee. In
addition, a hard copy of the PowerPoint presentation presented by David Lee was introduced as
Exhibit 13. Mr. Lee also submitted a revised staff report as Exhibit 14.
FINDINGS OF FACT
Procedural:
1. Applicant. The applicant is Russ Millard.
2. Hearing. The Hearing Examiner conducted a hearing on the application at 10:00 a.m. at
Federal Way City Hall on November 14, 2007.
Substantive:
3. Site/Proposal Description. The proposal includes a subdivision of 3.7 acres into 12
residential, single-family lots. One existing single-family dwelling will be demolished and
another existing single-family dwelling will be preserved. Street improvements, water, sewer,
utilities, storm drainage control improvements and other related infrastructure improvements will
be installed to service the plat. The preliminary plat map was introduced into the record as
Exhibit 1.
4. Characteristics of the Area. The subject property is bordered on the north, east and west
with single-family residential development and to the south with open space.
{PA0679544.DOC; 1113041.900000I)
PreliminarxYlat Recommendation
[2. 1
F;jl:dings...Conclusions and Recommendation
5. Adverse Impacts. There are no adverse impacts of significance associated with the
proposal. There were no comments recei ved from any concerned members of the public at the
hearing or through any written comment. As noted in the staff report, the subject land is not in a
problem area relative to landslide, seismic hazard, erosion, steep slope hazards or a hundred-year
floodplain. There are no wetlands on site or within 200 feet of the property. Further, there are
no wildlife species recognized as priority species by Federal Way regulations.
6. Adequacy of Infrastructure and Public Services. As mitigated by staff, adequate
infrastructure will serve development as follows:
· Transportation: The Public Works Department and South King Fire & Rescue have
approved preliminary roadway design and curve radii as proposed. Lots 3, 4, 5 and 6
will be accessed by a private access tract. South 332nd Place, which connects the plat
to 38th A venue South, shall only be constructed to half-street improvements with a
20-foot paved roadway and frontage improvements on the north side of the proposed
road. The rest of the road that traverses the subdivision (South 332nd Place- and 39th
Place South) will be constructed to the "U" Roadway Section Standards, which
involves a 32-foot paved roadway along with sidewalks on both sides, as well as curb,
gutter, and planter strips. No off-site traffic mitigation was found to be required
under State Environmental Policy Act (SEPA) review.
· Open Space: The applicant will not be dedicating any open space. In lieu of the
dedication of open space, the applicant has chosen to pay a fee in lieu of open space
as authorized by FWCC Section 20-125. Fee in lieu of open space shall be calculated
on 15% of the most recent assessed or appraised value of the subject property.
· Drainage: Storm drainage facilities are being designed in accordance with the 1998
King County Surface Water Design Manual and the City's Amendments to the
Manual. The applicant's December 2006 Preliminary Conceptual Storm Drainage
Analysis (Exhibit No. 13) by Rykels Engineering Group, Inc., was reviewed by the
City's Public Works Department. The preliminary design proposes to collect and
convey stormwater runoff through a series of pipes and catch basins into a private
stormwater detention and water quality treatment facility located near the southeast
portion of the North Lake Pointe site. The stormwater detention and water quality
treatment facility will be located in a separate tract that will be dedicated to the City
at final plat review.
· Water: The applicant proposes to serve the subdivision with a public water supply
and distribution system managed by the Lakehaven Utility District. A July 21, 2006,
signed Certificate of Water Availability (Exhibit No. 12) indicates Lakehaven's
capacity to serve the proposed development.
· Sewage: The applicant proposes to serve the proposed plat by a public sewer system
managed by Lakehaven Utility District. A July 21,2006, signed Certificate of Sewer
Availability (Exhibit No. 11) indicates the District's capacity to serve the proposed
development through a developer extension agreement between the applicant and the
District.
{PA0679544.DOC; 1113041.900000I1
DrAlarn.n.0:2ry Plal R~rnrnAn,.lab.QIl
~
~i'\i'di~8A;QQPQb,J~iQUi 11'1<1 B(lQommRlld~tioD.
. Schools: The applicant shall be required to pay school impact fees, at the rate of
$3,169 per single-family housing unit, at the time of building permit issuance. Staff
forwarded th~ application to the Federal Way School District for comments. No
written comments from the School District were submitted into the record, although
the staff report indicates that the School District commented that the project would be
served by Lake Dolloff Elementary School, Sequoyah Middle School, and Todd
Beamer High School. School bus transportation is provided for all three schools.
Staff also determined that the subdivision will provide safe pedestrian access to the
nearest bus stops for these three schools. Staff also found safe pedestrian access to
the schools themselves, although the distance to the schools makes it unlikely that any
students would actually. walk to school. Exhibit No.9, a school access analysis,
identifies the pathways that would be used by students to walk to school bus stops or
to the schools themselves.
· Fire Protection: As noted in the staff report, the Certificate of Water Availability
from 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. South
King County Fire & Rescue requires that a fire hydrant be located within 350 feet of
each lot. Using this standard, the number and location of fire hydrants will be
reviewed and approved by South King County Fire & Rescue as a condition of
preliminary plat approval.
CONCLUSIONS OF LA W
Procedural:
1. Authority of Hearing Examiner: FWCC 20-110 (4) and (5) provide the Examiner with
the authority to conduct a hearing and make a recommendation to the City Council on
preliminary plat applications.
Substantive:
2. Zoning Designation: RS-9.6.
3. Review Criteria and Application. FWCC 20-126(c) governs the criteria for preliminary
plat approval. Those criteria are quoted in italics below and applied to the application under
corresponding Conclusions of Law.
FWCC 20-126(c): Decisional Criteria. A Hearing Examiner shall use the following criteria in
reviewing the preliminary plat and may recommend approval of the plat to the City Council if:
( 1) It is consistent with the comprehensive plan;
4. The 2003 Federal Way Comprehensive Plan designates the property as Single Family-
High Density. The proposed land use is consistent with the density allowances and policies
applicable to this land use as established in the Comprehensive Plan.
{P A0679544.DOC; 111304 1.900000/1
P.rfiliwnin~ry Plat URrnmmpntlatinn
9--1
~l11CJing~. Conclll~ion~ and Rp.C!ommen'rlation
FWCC 20-126(c)(2): It is consistent with all applicable provisions of the Chapter, including
those adopted by reference from the comprehensive plan:
5. The "Chapter" reference in the criterion above appears to be Division VI (Preliminary
Plat) of Title 20 of the FWCC. As noted in detail in the staff report, the application has complied
with all the procedural requirements for preliminary plat review. Further, as required by FWCC
~ 20-115, the environmental review process required under the State Environmental Policy Act
has also been completed on August 22, 2007, through the issuance of a determination of non-
significance, which was not appealed. The proposal is also in conformance with the City's
Zoning Code as required by FWCC 20-112, as proposed use and densities for the property are
consistent with its RS-9.6 zoning designation.
FWCC 20-126(c)(3): It is consistent with public health, safety, and welfare.
6. As identified in the Findings of Fact, as conditioned there are no material or significant
adverse impacts associated with the project and there will be adequate infrastructure to serve it.
For these reasons, the plat is consistent with public health, safety, and welfare.
FWCC 20-126(c)(4): It is consistent with the design criteria listed in FWCC 20-2:
FWCC 20-2: This chapter is adopted in furtherance of the comprehensive plan of the City. It is
hereby declared that the regulations contained in this chapter are necessary to:
( 1 ) Promote the health, safety and general welfare in accordance with the standards
established by the state and the city;
7. As noted in the Washington State Growth Management Act, the Washington State
Legislature has found it to be in the public interest to prevent urban sprawl and to promote the
efficient use of infrastructure. The infill development proposed by the applicant at urban
densities meets these objectives. Also, as previously discussed, the project, as mitigated, creates
no material or significant adverse impacts and there is adequate infrastructure to meet the needs
of the new development. For these reasons, the project promotes the health, safety, and general
welfare in accordance with the standards established by the state and the city.
FWCC 20-2(2): Promote effective use of land by preventing the overcrowding or scattered
development which would injury health, safety or the general welfare due to lack of water
supplies, sanitary sewer, drainage, transportation or other public services, or excessive
expenditure of public funds for such services:
8. As previously noted, the project constitutes infill development in an area that is already
characterized and developed by residential development. Also as previously discussed, the
project is served (or as conditioned will be served) by adequate infrastructure. The density of the
proposal, as noted in the staff report, is consistent with the surrounding densities as well. For
these reasons, the above criterion is satisfied.
FWCC 20-2(4): Provide for adequate light and air.
I P A0679544.DOC; 1113041. 9000001}
Preliminary-Plat Recommendation
g..4
~wdings..Conclusions and Recommendat.imt
9. The density of the project meets the density requirements for the RS-9.6 district. The
applicant will have to comply with the dimensional requirements of the zoning code for any
structures it builds in order to get through building permit review. The dimensional standards of
the City's Zoning Code sets the standard for adequacy of light and air and for these reasons the
above criterion is satisfied.
FWCC 20-2(5): Provide for water, sewage, drainage, parks and recreational areas, sites for
schools and school grounds and other public requirements:
10. As noted in the Findings of Fact, the project is served by adequate infrastructure.
FWCC 20-2(6): Provide for proper ingress and egress:
11. Access to all lots complies with City design standards.
FWCC 20-2(7): Provide for housing and commercial needs of the community:
12. The project provides for infill development and urban densities and therefore satisfies the
above criteria.
FWCC 20-2(8): Require uniform monumenting of land divisions and conveyance of accurate
legal descriptions:
13. FWCC 20-111(b) requires that the survey of the proposed subdivision must be made by
or under the supervision of a registered land surveyor who shall certify that it is a true and
correct representation of the land surveyed. This and other requirements like it help ensure that
the objective of uniform monumenting of land divisions and accurate legal descriptions are
satisfied. .
FWCC 20-2(9): Protect environmentally sensitive areas:
14. As noted previously, the project has gone through a review under the State
Environmental Policy Act, which ensures that all environmentally sensitive areas are protected
and mitigated. As noted in the staff report, there are no recognized environmentally sensitive
areas on the subject property.
FWCC 20-2(10): Provide for flexibility and site design to accommodate view enhancement
protection, protection of streams and wetlands. protection of steep slopes and other
environmental significant or sensitive areas.
15. There are no environmentally sensitive areas in need of protection at this site and there is
no evidence of any view impairment.
FWCC 20-125(c)(5): It is consistent with the development standards listed in FWCC 20-151
through 20-157. and 20-178 through 20-187.
16. As discussed in the staff report, the project complies with the standards listed in FWCC
20-151 through 20-157 and FWCC 20-178 through 20-187. These standards govern adequacy of
{PA0679544.DOC; 1I13041.9OOOOOI}
l'r~1 iminary Pla.l R t>.NllllJ1lr.ncJation
p.,5
~wdings. Condll~ion~ andRft~ommf'mflati()fl
infrastructure, dimensional density standards, street improvements, landscaping, and retention of
vegetation. The only issue that is of some concern is FWCC 20-152(d), which provides that
"[i]n general, all lots should be accessed by public street right of way....". It is clear from the
plat map (Exhibit 1) that the lots served by Tract B could not be reasonably configured to
accommodate the greater amount of area required for a public right of way. Given state and
local policies favoring urban densities within cities, the use of private access tracts is a
reasonable accommodation. Given the recent Abby Lane decision, however, it does appear that
private access tracts are often used to circumvent the more onerous dimensional standards for
development of public right of way.
RECOMMENDA TION
The Examiner recommends that the City Council approve the preliminary plat subject to the
conditions recommended by staff in the revised October 1, 2007 Staff Report (Exhibit No. 14).
Any requirements identified by staff in Section XI of the Staff Report, Findings of Fact, are also
adopted as recommended Conditions of Approval. The following is also added as a Condition of
Approval::
1. Fire hydrants shall be located within 350 feet of each proposed lot. The exact number
and location of fire hydrants shall be reviewed and approved by South King County Fire
& Rescue prior to final plat approval.
Dated this 26th day of November, 2007.
~ c!2--e-;/-----'
Hearing Examiner
City of federal Way
DECLARATION OF SERVICB
I hereby declare that I sent a copy of the document on
which this declaration appears via _/mail/AullUIlSIf
serviceto ~ ~
I declare under penalty of perjury of the laws of tbe
State of Wasbington that the foregoin is true and correct.
Executed at Seattle, W on II ~60 ?
Signed by:
(P A0679544.DQC; 1/13041.900000/)
Pt(lliminllr~ Plat RftCOmmfmchtion
p.6
~rdings. Conclusions and Rec;ommenchtion
"'L..V/L.VV' &-'I\.AlO 1104.IIOV"0 - ''lUlU_ ruunt::
Pa e 1
From:
To:
CC:
Date:
Subject:
Attachments:
"Phil A. Olbrechts" <polbrechts@omwlaw.com>
"Laura Hathaway" <Laura.Hathaway@cityoffederalway.com>
<Greg.Fewins@cityoffederalway.com>
11/26/20074:46 PM
North Pointe
679544.DOC
Decision attached and will be mailed to you and Russ Millard. I haven't
yet received a complete copy of the revised staff report (for Greg's
info, I was only given every other page at the hearing). If any of the
revisions in the staff report affect my decision, please let me know and
I'U issue a revised decision.
<<679544.DOC>>
32
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he information included on this map has been compUed by King County staff from a variety of sources and is subject to change wlthout notice. King County
akes no representations or warranties, express or Implied, as to accuracy. completeness. timeliness, or rights to the use of such Information. King County
lall not be liable for any general, special, indirect, incidental, or consequential damages induding, but not limited to, lost revenues or lost profits resulting from
e use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King
ounty.
ate: 1-2-2007
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RECEIVED
MASTER LAND VSE~.p..p.uc-A:r-U>>i
ApPLICATION No(s)
Project Nanie
i-..J oa.'7t-l L.-A.~ PC9 ( tv7€
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
33325 8th Avenue Soulh
PO Box 9718
Federal Way W A 98063-9718
253-835-2601; Fax 253-835-2609
www.citvoffederalwaV.com
Date I Z - 'Z-~ -o,~
Property Address/Location 3~71 4 . '?:.0ffl 4/J E:Ali. JE 'S:r'7cn#
Parcel Number(s) bI4'=7{LJO()<?(J(). hr4'?(poo(P(7 t hf4~fc,I)OhI4
froje~tDescription /7Uk"7 st/~Qlvl.4-((itV'-
PLEASE PRINT
Type of Permit Required
Annexation
_ Binding Site Plan
_ Boundary Line Adjustment
_ Comp Plan/Rezone
Land Surface Modification
Lot Line Elimination
_ Preapplication Conference
_ Process I (Director:s Approval)
_ Process II (Site Plan Review)
_ Process III (Project Approval)
_ Process IV (Hearing Examiner's Decision)
_ Process V (Quasi-Judicial Rezone)
Process VI
----X-SEPA wtproject
_ SEPA Only
Shoreline: . Variance/Conditional Use
Short Subdivision
~ Subdivision
Variance: CommerciallResidential
Required Information
e~ cr. ~
~~
Zoning Designation
Comprehensive Plan Designation
Value of Existing Improvements
Value of Proposed Improvements
International Building Code (IBC):
Occupancy Type
Construction Type
lulletin.#003 - August 18;2004
Applicant
Name: ~/-GU. ~c tA,ft{...t..A-~r--
Address: Z"-l'7 ~ ~ Z; ~O'-f(.t L4- ~7 s €
C.ity/State: c.u ~(,~ t./ ~~ (( ~ ' L-0 P. 7' ~O ~ K
Zip: 9fo~~ t
Phone: Z6t.9 --q <.( { - 5r<9& 0
Fax: 4~7"- 4:?? -0'lC30 .
Email: rv!-:-;.IO~f.J~ ~ tv<rf-
Signature:
Name:
Address:
City/State:
Zip:
Phone:
Fax:
Email:
Signature:
C;J iVt E:
Owner
Name:
Address:
City/State:
Zip:
Phone:
Fax;
'Email;
Signature:
<7-t-a t-
EXHIBIT
3
Page 1 of I
Ic\Haildouts\Master Land uSe APplication,
"
34
~
CITY OF ~
Federal Way
NOTICE OF LAND USE APPLICATION
AND
NOTICE OF OPTIONAL DETERMINATION OF NONSIGNIFICANCE (DNS)
Project Name: North Lake Pointe
Project Description: Proposal to subdivide three existing lots (3.70 acres total) into 13 single-family lots.
Applicant: Russell Millard, 24725 230th Way SE, Maple Valley, W A 98038
Agent: Same as applicant
Owner: Same as applicant
Project Location: 33214 38th Avenue South (Parcels: 614360-0500/614360-0617/614360-06(4)
Date Application Received: December 29, 2006
Date Determined Complete: January 18,2007
Date of Notice of Application: January 27,2007
Comment Deadline: 5 p.m., February 12,2007
Permits Required: Preliminary Plat Approval (File #06-106495-00-SU)
SEPA Determination: File #06-106496-00-SE
Other Permits Known at this Time and not Included in this Application: Final Plat, Right-of-Way Permit
Relevant Environmental Documents: Environmental Checklist, Stormwater/Drainage Technical
Information Report (TIR)
Relevant Environmental Documents are A vai/able at the Address Below: ----K- Yes No
Development Regulations to be used for Project Mitigation, Known at this Time: Federal Way City Code
(FWCC)
Optional Environmental Determination: Based upon review of a completed environmental checklist and
other infonnation on file with the City, it is likely that the City of Federal Way will determine that the
project will not have a probable significant adverse impact on the environment. It is likely that an
environmental impact statement (EIS) will not be required under RCW 43.21C.030(2)(c). The City
anticipates that a Determination of Nons ignificance (DNS) will be issued for the proposed project. The
optional DNS process of WAC 197-11-355is being used. The proposal may include mitigation measures
File -':10649S-OO-SU
Doc_ I.D. 39499
EXHIBIT
y
35
~
CITY OF ~
Federal Way
~(Q)tp)v
ENVIRONMENTAL DETERMINATION OF
NONSIGNIFICANCE
NORTH LAKE POINTE SUBDIVISION
File #06-106496-00-SE; Related File #06-106495-00-SU
Description of Proposal:
The proposed action is to subdivide three existing lots (3.70 acres total) into 12 single-family lots.
Proponent:
Russell Millard, 24725 230th Way SE, Maple Valley, W A 98038
Location:
33214 38th Avenue South, Federal Way, W A
Lead Agency: City of Federal Way
Contact:
David Lee, Associate Planner, 253.835-2622
The Responsible Official of the City of Federal Way hereby makes the following decision based upon
impacts identified in the environmental checklist, Federal Way Comprehensive Plan, Staff Evaluation for
Environmental Checklist. and other municipal policies, plans, rules, and regulations designated as a basis
for exercise of substantive authority under the Washington State Environmental Policy Act Rules pursuant
to RCW 43.31C.060.
The lead agency for this proposal has determined that it does not have probable significant adverse impact
on the environment and an Environmental Impact Statement (EIS) is not required under RCW
43.21C.032(2)(c). This decision was made after review of a completed environmental checklist and other
information on file with the lead agency. This information is available to the public on request
Further information regarding this action is available to the public upon request at the Federal Way
Department of Community Development Services (Federal Way City Hall, 33325 8d. Avenue South, PO
Box 9718, Federal Way, W A 98063-9718). Phone: 253-835-2607. This Determination of
Nonsignificance (DNS) is issued under WAC 197-11-340(2). Comments must be submitted by 5:00 p.m.
on September S, 2007.
Responsible Official:
Positionffitle:
Address:
Kathy McClung
Director of Community Development Services
33325 8th Avenue South, PO Box 9718, Federal Way, W A 98063-9718
Date Issued: August 22.2007 Siguature: ~~
EX~J,BIT __
---
6
Doc. 10 42045
~'
CITY OF 41' ~
. Federal Way
DEPARTMENT OF COMMUNITY DEVEWPMENT SERVICES
33325 8dl Avenue South
PO Box 9718
Federal Way WA 98063-9718
253-835-2607~ Fax 253-835-2609
www.citvoffederalwav.com
ENVIRONMENTAL CHECKLIST
PURPOSE OF CHECKLIST
The State Environmental Policy Act (SEPA), Revised Code of Washington (RCW) Chapter 43.21C, requires
all governmental agencies to consider the environmental impacts of a proposal before making decisions. An
environmental impact statement (BIS) must be prepared for all proposals with probable significant adverse
impacts on the quality of the environment. The purpose of this checklist is to provide information to help you
and the agency identify impacts from' your proposal (and to reduce or avoid impacts from the proposal, if it
can be done) and to help the agency decide whether an EIS is required.
INSfRUCfIONS FOR APPUCANTS
This environmental checklist asks you to describe some basic information about our proposal. Governmental
agencies use this checklist to determiile whether the environmental impacts of your proposal are si~ficant,
requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or
give the best description you can.
You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you
should be able to answer the questions from your own observations or project plans without the need to hire
experts. If you do not know the answer, or if a question does not apply to your proposal, write "do not know"
or "does not apply." Complete answ~sto questions now may avoid unnecessary delays later.
Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations.
Answer these questions if you can. If you have problems, the governmental agencies can assist you.
The checklist questions apply to aU parts of your proposal, even if you plan to do them over a period of time
or on different parcels of land. Attach any additional information that will help describe your proposal or its
environmental effects. The agency to which you submit this checklist may ask you to explain your answers or
provide addition~ information reaso~ably related to determining if there m-ay be significant adverse impact.
USE OF CHECKLIST FOR NON-PROJECf PROPOSALS
Complete this checklist for non-project proposals, even though questions may be answered "does not apply."
In addition, complete the Supplemental Sheet for Non-Project Actions.
For non-project actions, the references in the checklist to the words ')>roject," "applicant," and "property or
site" should be read as "proposal," "proposer," and "affected geographic area," ~~f~ED
DEe 2 9 2006
CITY OF FeDERAL WAY
BUILDING DEPT.
37
'- /-:
rnnmr__.__W
A. BACKGROUND
1. Name of proposed project. if applicable:
North Lake Pointe Subdivision
2. Name of applicant:
Six Pointe Investments, LLC
3. Address and phone number of applicant and contact person:
Russ Millard, (206) 941-3000
24725230111 Way SE
Maple Valley WA 98038
Andy Rykels
Rykels Engineering Group, Inc
28301183N Avenue SE
Kent, W A 98042
4. Date checklist prepared:
December 20, 2006
5. Agency requesting checklist:
City of Federal Way
6. Proposed timing or schedule (including phasing, if applicable):
Construction likely in 2007
7. Do you have any plans for future additions, expansion, or further activity related to or connected with
this proposal? If yes, explain.
No.
8. List any environmental infonnation you know about that has been prepared, or will be prepared, directly
related to this proposal.
None know at this time
9. Do you know whether applications are pending for governmental approvals of other proposals directly
affecting the property covered by your proposal?lf yes, explain.
None know to be.
10. List any government approvals or pennits that will be needed for your proposal, if known.
-.~ . ..-... - ... -.._-
38
Preliminary Plat approval, engineering approval of construction docwnents (grading, roads and
streets and utility plans), SEPA MONS, fmal plat docwnents and building permits.
II. Give brief, complete description of your proposal, including the proposed uses and the size of the project
and site. There are several questions later in this checklist that ask you to describe certain aspects of
your proposal. You do not need to repeat those answers' on this page.
The applicant is proposing to develop a 13-unit subdivision of approximately 4 acres, as a cluster
development. The project includes an on~site park and storm water detention area, as well as utilization of the
storm water control facility adjacent to this property, as acceptable to the City of Federal Way. The project
will include the construction of public streets, sidewalks and other improvements, including improvement of
38th Street adjacent to the property. All work will be done in accordance with the City of Federal Way
requirements. The lots will range in size from 7,200 to 8,523 sf.
12. Location of the proposal. Give sufficient information for a person to understand the precise location of
your proposed project, including a street address, if any, and section, township, and range, ifknown. If a
proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal
description, site plan, vicinity map, and topographic map, if reasonably available. While you should
submit any plans required by the agency, you are not required to duplicate maps or detailed plans
submiUed with any permit applications related to this checklist.
The property is located easterly of 38th Avenue South and west of 41st Avenue South and a
continuation of333rdth Street turning northerly and becoming 40th Avenue South. The property is located in
Section 15, Township 21 North, Range 4 East, Willamette Meridian, in King County, Washington consisting
of tax parcels 6143600500, 6143600614 and 6143600617.
B. ENVIRONMENTAL ELEMENTS
1. EARTH
a. General description of the site (circle one): flat, rolling, hilly, steep slopes, mountainous, other.
The site has a gentle slope to the south, but would be considered relatively flat.
b. What is the steepest slope on the site (approximate percent slope)?
Less than 10%.
c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, mulch)? If
you know the classification of agricultural soils, specify them and note any prime farmland.
Dense glacially consolidated silty sand.
d Are there surface indications or history of uns~ble soils in the immediate vicinity? If so, describe.
None Known.
e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate
source of fill.
The on-site improvements will provide frQ building pads, streets, and stromwater management
39
facilities. There will be about 20,000 feet of cut and fill for the storm water management facility, streets and
pads, as well as cuts and fills not to exceed eight feet. There will be select back fill materials imported for
backfilling trenches, roadwork and concrete preparation. The site is inteq,ded to balance on-site.
f Could erosion occur as a result of clearing, construction, or use? If so, generally describe.
Erosion could occur during the removal of vegetation and clearing,
g. About what percent of the site will be covered with impervious surfaces after project construction
(for example, asphalt or buildings)?
IT is expected that due to the development of the large lots that less than 40% of the site would be
covered by impervious surfaces.
h. Proposed measures to reduce or control erosion, or other impacts to the earth. if any.
A temporary erosion control plan will be developed and implemented Appropriate measures such as silt
fencing and other measures in accordance with City of Federal Way requirements will be utilized, as
appropriate.
2. AIR
a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors,
industrial wood smoke) during construction and when the project is completed? If any, generally
describe and give approximate quantities ifknown.
The types of emissions that will be those generally associated with plat construction and single-
fainily neighborhoods. These would include construction equipment exhaust, dust, automobile
exhaust and smoke from gas fireplaces. There will he no unusual odors or industrial emissions.
b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally
describe.
The off-site sources of emissions or odors would be the residential neighborhoods that surround the
site and SR 18.
c. Proposed measures to reduce or control emissions or other impacts to air, if any.
The Washington Clean Air Act requires the use of all known available and reasonable means of controlling
air pollution, including dust. Construction impacts will not be significant and can be controlled by watering or
using dust suppressants on areas of exposed soils, water truck wheels before leaving the site and maintaining
gravel construction entrances.
3. WATER
a. Surface.
I) Is there any surface water body on or in the immediate vicinity of the site (including year-round
and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide
names. If appropriate, state what stream or river it flows into.
None Known.
40
2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters?
If yes, please describe and attach available plans.
Not Applicable.
3) Estimate the amount of fiU and dredge material that would be placed in or removed from
surface water or wetlands and indicate the area of the site that would be affected. Indicate the
source of fill material.
None, this is not applicable.
4) Will the proposal require surface water withdrawals or diversions? Give general description,
purpose, and approximate quantities if known.
Not Applicable.
5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan.
No
6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe
the type of waste and anticipated volume of discharge.
All surface water discharge will be controlled by the storm water management facility.
b. Ground.
I) WiU ground water be withdrawn, or will water be discharged to groundwater? Give general
description, purpose, and approximate quantities if known.
No.
2) Describe waste material that will be discharged into the ground from septic tanks or other
sources, if any (for example: domestic sewage; industrial, containing the following
chemicals...; agricultural; etc.). Describe the general size of the system, the number of such
systems, the number of houses to be served (if applicable), or the number of animals or humans
the system(s) are expected to serve.
-
Not applicable.
c. Water Runoff (including stormwater)
- -
I) Describe the source of runoff (including stormwater) and method of collection and disposal, if
any (include quantities, if known). Where will this water flow? Will this water flow into other
waters? If so, describe.
As approved by the City of Federal Way on-site surface runoff water will be collected and
controlled using the stonn water management facility. After detention, treated water will be
discharged to the existing drainage system. Off-site water will not be collected or treated.
41
2) Could waste materials enter ground or surface waters? [f so, generally describe.
AU on-site surface water run-off will be controlled by the stonn water management facility.
There is a chance that waste materials could enter via surface water runoffs from paved streets. The
oil/water separators and biofiltration systems will provide quality filtration of storm water prior to
discharge.
d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any.
Surface water run-off will be collected and controlled through an approved conveyance system and
controlled by storm water management facility. Water collected by rain gutters will be dispersed by splash
blocks directed away from the structures or connected to the storm water conveyance system as required by
the City of Federal Way.
4. PLANTS
a. Check or circle types of vegetation found on the site.
_X_ deciduous tree: alder, maple, aspen, other
_X_ evergreen tree: flf, cedar, pine, other
X shrubs
_X_grass
_pasture
_ crop or grain
_ wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other
_ water plant: water lily, eelgrass, milfoi~ other
_ other types of vegetation
b. What kind and amount of vegetation will be removed or altered?
[t will be necessary to remove all of the vegetation within the proposed public right of way areas for
construction of the roadway improvements. Additionally, it will be required that 15 to 25 feet adjacent to the
right of way be removed to allow for the installation of utility services, as acceptable to the City of Federal
Way. The vegetation will also be removed (or construction of the storm water management facility and park
area, as well as construction of the individual home sites. However, when possible, the significant trees will
be saved and incorporated into the site landscaping.
c. List threatened or endangered species known to be on or near the site.
None Known
d. Proposed landScaping, use of native plants, or other measures to preserve or enhance vegetation on
the site, if any.
There will be street trees and grass installed alone the parkway strips within the road right of ways, per the
improvement plans. Individual homeoWners will landscape their yards typical with the surrounding
residential neighborhoods. There will also be landscaping along the northern portion of the storm water
management facility and in the park area per the landscape plan. When practical natural vegetation will be
incorporated into landscaping planning.
5. ANIMALs
a. Circle any birds.and animals, which have been observed on or near the site or are known to be on or
42
near the site.
birds: hawk, heron, eagle, songbirds, other
mammals: deer, bear, elk, beaver, other
fish: bass, salmon, trout, herring, shellfish, other
b. List any threatened or endangered species-known to be on or near the site.
None known.
c. Is the site part of a migration route? If so, explain.
None known
d. Proposed measures to preserve or enhance wildlife, if any.
There are no specific measure for this project
6. ENEROYAND NATURAL REsOURCES
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the
completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc.
Typical with residential neighborhoods, electric, natural gas, and other energy will be required for
this project.
b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally
describe.
No.
C. What kinds of energy conservation features are included in the plans of this proposal? List other
proposed measures to reduce or control energy impacts, if any.
It is envisioned that these homes will be energy efficient and construction to current standards, whlch
are more likely to conserve natural recourse than older homes in the area.
7. ENvIRONMENTAL HEALTH
a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of flCe and
explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe.
None are known.
I) Describe special emergency services that might be required.
This project would require additional police, fire and emergency service personnel, but no special
services are required. .
2) Proposed measures to reduce or control environmental health hazards, if any.
The construction of new homes will increase the tax base and provide funds' to support these
semces. .
43
b. Noise.
I)
What types of noise exist in the area, which may affect your project (for example: traffic,
equipment operation, other)?
Traffic from SR 18 and local roadway may affect the project.
2) What types and levels of noise would be created by or associated with the project on a short-
term or long-term basis (for example: traffic, construction operation, other)? Indicate what
hours noise would come from the site.
There will be and increase in the level of noise for this project it is anticipated that
construction and building activities will commence at 7 am and be completed by 7 pm, or as allowable by the
City of Federal Way codes provisions. Upon completion of the construction there will be noise typical with a
13 unit residential neighborhood.
3) Proposed measures to reduce or control noise impacts, if any.
Construction hours will be limited to those approved by the City of Federal Way_ Equipment will have
muftlers and be properly maintained
8. LAND AND SHORELINE USE
a. What is the current use of the site and adjacent properties?
Two residential single family homes are on-site and there is a large residential subdivision to the
east and south. A recreation area lies to the west, this property has an interest in that recreation area
and a well is to the north along with more homes.
b. Has the site been used for agriculture? If so, describe.
No
c. Describe any structures on the site.
Two houses and three out buildings.
d. Will any structures be demolished? If so, what?
The three old out buildings will be demolished.
e. What is the current zoning classification of the site?
Residential 9600
f. What is the ClUTent comprehensive plan designation of the site?
Single family Residential
g. If applicable, what is the current shoreline master program designation of the site?
Not applicable
44
h. Has any part of the site been classified as an environmentally critical area? If so, specify.
None knOWIL
I. Approximately how many people would reside or work in the completed project?
It is estimated that each home would have 3-4 residents for and estimated total of 40 - 55 people
with 8 currently residing on the property.
J. Approximately how many people would the completed project displace?
None.
Ie. Proposed measures to avoid or reduce displacement impacts, if any.
None proposed
l. Proposed measures to ensure the proposal is compatible with existing and projected land uses and
plans, if any.
The site plan review process will help to ensure that the proposed project is consistent with existing zoning
and adjacent land uses.
9. HOUSING
a Approximately how many units would be provided, if any? Indicate whether high, middle, or low-
income housing.
There will be 13 units (l[ new and 2 existing) middle income homes on the site.
b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-
income housing.
None.
c. Proposed measures to reduce or control housing impacts, if any.
There are none proposed.
10. AEsTHETICS
a. What is the tallest height of any proposed structUre(s), not including antennas; what is the principal
exterior building material(s) proposed?
The new home will be less than 30 feet taU with wood or composite siding.
- -
b. What views in the immediate vicinity would be altered or obstructed?
None.
c. Proposed measures to reduce or control aesthetic impacts, if any.
The building pennit process will help to ensure that the structure! comply with all City codes and
45
requirements.
II. LImIT AND GLARE
a. What type of light or glare will the proposal produce? What time of day would it mainly occur?
These homes will have normal lighting for security and residential purposes.
b. Could light or glare from the fmished project be a safety hazard or interfere with views?
No.
c. What existing off-site sources of light or glare may affect your proposal?
None Known.
d. Proposed measures to reduce or control light and glare impacts, if any.
The outside lighting will be minimal and directed as to not adversely affect adjacent properties.
12. RECREATION
a. What designated and informal recreational opportunities are in the immediate vicinity?
This project is located within the City of Federal Way which offers numerous passive and active recreational
activities. The property owns shares in the adjacent recreation area and a park will be built for this project on-
site.
b. Would the proposed displace any existing recreational uses? If so, describe.
No.
c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to
be provided by the project or applicant, if any.
The development of the park would increase the munber of parks in the area.
13. HIsTORIC AND CUI.. ruRAL PRESER V A lION
a. Are there any places or objects listed on, or proposed for, nation, state, or local preservation
registers known to be on or next to the site? [f so, generally describe.
None knoWn.
b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural
importance known to be on or next to the site.
None Known
c. Proposed measures to reduce or control impacts, if any.
None proposed
46
14_ TRANSPORTATION
a. Identify public streets and highways serving the site, and describe proposed access to the existing
street system. Show on site plans, if any.
The project has frontage along 38th Avenue South with will be widened and Right of way will be
dedicated to the City for this purpose as part of the plating process. This project wiU also provide better
conductivity as 333rd will be connected t038th Avenue South.
b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest
transit stop?
Less than one mile.
c. How many parking spaces would the completed project have? How many would the project
eliminate?
No existing parking will be eliminated. Each house will have at least a two car garage with additional parking
in the driveway.
d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not
including driveways? If so, generally describe (indicate whether public or private).
A residential street will pass through the subdivision to provide access to the new lots. All new residential
streets will be constructed per City requirements. There will be the pavement section along with 5 foot wide
side walks on each side along with curbs and gutters and planter strips per City Standards. It is proposed that
332 terminate at 38th Avenue South and will only be a half street. There will be widening of 38th Avenue
South only along the property frontage area.
e. Will the project use (or occur in the immediate vicinity 00 water, rail, or air transportation? [f so,
generally describe.
No extraordinary uses are anticipated.
f. How many vehicular trips per day would be generated by the completed project? If known, indicate
when peak volumes would occur.
It is expected that the II new homes will generate approximately II more peak hour trips and 110 average
daily trips.
g. Proposed measures to reduce or control transportation impacts, if any.
The improvement or 38th Avenue South will help to improve the system The connection of 38th Avenue
South to 333rd will improve conductivity. All these costs will be borne by the developer.
15. PUBLIC SERVICES
a. Would the project result in aU increased need for public services (for example: fire protection, police
protection, health care, schools, other)? If so, generally describe.
This project would require additional police, f1fe and emergency service personnel, but no special
services are required. The increased demand is within the capacity of the City of Federal Way.
_.:._~.
47
"'~. ~- .............
~~
b. Proposed measures to reduce or control direct impacts on public services, if any.
This project is designed to comply with all applicable cod~s for fife and public safety and health. This will
mitigate the impact of the above services.
16. UTILITIES
a. Circle utilities currently available at the site:
ELECfRIQTY, NATURAL GAS, WATER, REFUSE SERVICE, TELEPHONE,
SANITARY SEWER, septic system, other (please list)
b. Describe the utilities that are proposed for the project, the utility providing the service, and the
general construction activities on the site or in the immediate vicinity, which might be needed.
AU of the highlighted and capitalized services are available to the site and will be extended to service
the project per the plans and specifications approved by the appropriate agency or entity.
C. SIGNA TURK
The above answers are true and complete to the best of my knowledge. I understand that the lead agency is
relying on them to make its .
SIGNATURE:
DATE SUBMITTED:
~ L.-'2 , L..<9 ($) Cp
D. SUPPLEMENTAL SHEET FOR NON-PROJECT ACTIONS
Because these questions are very general, it may be helpful to read them in conjunction with the list of the
elements of the environment
When answering these questions, be aware of the proposal, of the types of activities likely to result from the
proposal. and if they are likely to affect the item at a greater intensity or at a faster rate than if the proposal
were not implemented. Respond briefly and in general terms.
1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or
release of to~c or h~dous sllbstances; or production <!f n.~ise?
All on-site surface water run-off will be controlled by the stonn water management facility. There is a chance
that waste materials could enter via surface water runoffs from paved streets. The oiVwater separators and
biofiltration systems will provide quality filtration of stann water prior to discharge.
Proposed measures to avoid or reduce such increases:-
See above.
2. How would the proposal be likely to affect plants, animals, fish, or marine life?
See Above
48
Proposed measures to protect or conserve plants, animals, fish, or marine life:
See above.
r,\
3. How would the proposal be likely to deplete energy of natural resources?
See above.
Proposed measures to protect or conserve energy and natural resources:
See above.
4. How would the proposal be likely to use or affect environmentally critical areas or areas designated (or
eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers,
threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime
farmlands?
See above.
Proposed measures to protect such resources or to avoid or reduce impacts:
None proposed
5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or
encourage land or shoreline uses incompatible with existing plans.
Not likely
Proposed measures to avoid or reduce shoreline and land use impacts:
Not applicable
6. How ~ould the proposal be likely to increase demands on transportation or public service and utilities?
See above.
Proposed measures to reduce of respond to such demands:
See above
7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements
for the protection of the environment.
None known.
49
~
CITYOF' _~
Federal Way
CG@~\1
DEPARTMENT OF COMMUNITY-DEVELOPMENT SERVICES
Staff Evaluation for Environmental Checklist
North Lake Pointe
33214 38th Avenue South
File No: 06-106496-00-SE, Related File No: 06-106495-00-SU
NOTE: The puipose of this staff evaluation is to provide a technical staff evaluation of the proposed action; supplement
infonnation contained in the environmental checklist and expanded studies; provide technical information unavailable to the
applicant; correct inaccurate infonnation; and recommend measures to the responsible official to mitigate identified
environmental impacts. Technical reports and attaclunents referenced above may not be attached to all copies of this decision.
Copies of exhibits, reports, attachments, or other documents may be reviewed and/or obtained by contacting David Lee,
Associate Planner, 333258" Avenue South, PO Box 9718, Federal Way, W A 98063-9718. Phone: 253-835-2622.
I. SUMMARY OF PROPOSED ACTION
The proposed action is to subdivide three existing lots (3.70 acres total) into 12 single-family lots.
II. GENERAL INFORMATION
Project Name: North Lake Pointe
Applicant: Russell Millard, 24725 230lb Way SE, Maple Valley, W A 98038
Agent: Russell Millard, 24725 230tb Way SE, Maple Valley, W A 98038
Location: 33214 38th Ave S., Federal Way, W A 98023
Zoning: RS 9.6 (Single-Family Residential)
Comp Plan
Designation: Single-Family High-Density
The following infonnation was submitted as part of the application:
l. SEPA Checklist
2. Site Plans
3. Title Report
4. Master Land Use Application
5. King COlmty Quarter Section Map
III. REVIEW PROCESS
The proposed action is subject to the State Environmental Policy Act (SEP A) review because it does
not meet the exemptions contained in WAC 197-11-800(27).
EXHIBIT
7
--
50
IV. BACKGROUNOIPROPOSAL
The application was submitted on December 29, 2006, and deemed complete on January 25,2007.
V. REVIEW OF THE ENVIRONMENTAL CHECKLIST
The following lists the elements contained within the environmental checklist submitt~d for the
proposed facility. The numbers in the staff evaluation correspond to the numbers in the
environmental checklist. If staff concurs with the applicant's response, this is so stated. If the
response to a particular item in the checklist is found to be inadequate or clarification is needed,
there is additional staff comment and evaluation.
A. BACKGROUND
1-12. Concur with the checklist.
B. ENVIRONMENTAL ELEMENTS
1. Earth:
a-h. Concur with the checklist.
2. Air:
a-c. Concur with the checklist.
3. Water:
a. (1) Concur with addendum stamped "Resubmitted" July 30, 2007, by the City of
Federal Way (attached to SEPA checklist). Addendum reads "There is a wetland to
the south of the property on the site of North Lake Ridge Division 4."
(2) - (6) Concur with the checklist.
b. (1) - (2) Concur with the checklist.
c. (1) - (2) Concur with the checklist.
d. Concur with the checklist.
4. Plants:
a-d. Concur with the checklist.
5. Animals:
a-d. Concur with the checklist.
6. Energy and Natural Resources:
a-c. Concur with the checklist.
7. Environmental Health;
a. (I) - (2) Concur with the checklist.
b. (I) - (3) Concur with the checklist.
Staff Evaluation for Environmental Checklist
North Lake Pointe
Page 2
File No: 06-1 064 96-OO-S E1Do<:_ I.D. 42046
51
8. Land and Shoreline Use:
a-d and g-l. Concur with the checklist.
e. The Comprehensive Plan designation of the site is Single-Family High-Density.
f. There is no shoreline designation for the site.
9. Housing:
a-c. Concur with the checklist.
10. Aesthetics:
a-c. Concur with the checklist.
11. Light and Glare:
a-d. Concur with the checklist.
12. Recreation:
a-c. Concur with the checklist.
13. Historic and Cultural Preservatipn:
a-c. Concur with the checklist.
14. Transportation:
a-g. Concur with the checklist.
15. Public Services:
a-b. Concur with the checklist.
16. Utilities:
a-b. Concur with the checklist.
VI. CONCLUSION
The proposal can be found to not have a probable significant adverse impact on the environment
pursuant to a Determination of Non significance (DNS). This DNS is based on impacts identified
within the environmental checklist, attachments, and the above Staff Evaluation for Environmental
Checklist, and is supported by plans, policies, and regulations formally adopted by Federal Way for
the exercise of substantive authority under SEP A to approve, condition, or deny proposed actions.
The City reserves the right to review any future revisions or alterations to the proposal to determine
the environmental significance or nonsignificance of the proposal at that time. .
Prepared by: David Lee. Associate Planner
Date: August 22. 2007
Staff Evaluation for Environmental Checklist
North Lake Pointe
Page 3
File No: 06- I 06496-00-SElDoc. 1.0_ 42046
52
CONCEPTUAL STORM DRAINAGE ANALYSIS
North Lqk~Poir1te,
1 ?-. ~9tR. ~si. d..~ntia'l. 9ubdivi;?i.qn,
City File NUrnber OL?-106495:-0p-~U
Loc;a!~ql~t..,332J4..~8thAy~~()_yth
Fegeral Way, \lVashingJoD""-
North lake Pointe, lLC
Attn: Russ Millard
24725 230th Way SE
Maple Valley, WA 98038
Ph 206-941-3000, 425-432-5772
REVISED MA V, 2007
December, 2006
EXPIRES 6/4/2009 I
by
Rykels Engineering Group, Inc
28301 183rd Ave SE
Kent, WA 98042
ph 253-631-6598
fax 253-638-1982
o 6 -1 06 4 9 5
RESUBMITTED
MAY 2 9 2007
CITY OF FEDERAL WAY
L.:.'lJ.l.lC..LT~. BUILDING DEPT.
,-ru nur , ---5-3..-.--..------.~~ ____
North lake Pointe Subdivision, Federal Way, WA
TABLE OF CONTENTS
I. PROJECT OVERVIEW
II. PRELIMINARY CONDITIONS SUMMARY
III. OFFSITE ANALYSIS
IV. RETENTIONIDETENTION SYSTEM
V. CONVEYANCE SYSTt;:M ANALYSIS AND DESIGN
VI. SPECIAL REPORTS AND STUDIES
VII. BASIN AND COMMUNITY PLAN AREAS
VIII. OTHER PERMITS
IX. EROSION/SEDIMENTATION CONTROL DESIGN
X. BOND QUANTITIES WORKSHEET, RETENTIONIDETENTION FACILITY
SUMMARY SHEET
XI. MAINTENANCE AND OPERATIONS
LIST OF FIGURES AND ATTACHMENTS
FIGURES
1. PROJECT lOCATION MAP
2. SCS SOilS MAP
3. EXISTING SITE TOPOGRAPHY AND IMPROVEMENTS
4. PROPOSED SITE IMPROVEMENT PLAN
5. PROPOSED DETENTION POND
6. TIR WORKSHEET
54
North Lake Pointe Subdivision, Federal Way, WA
SECTION 1 PROJECT OVERVIEW
Proiect Location
The 3.8 acre project consists of three separate parcels that are located in the SW/4 of f
Section 15. TWP 21N. RGE 4E, W.M. The property is located along the east side of S
38th Ave South. adjacent to and westerly of the Northlake Ridge Subdivision. The
address of the existing residence is 33214 38th Ave South, Federal Way, WA. The tax
parcel numbers for these tracts are 6143600-0617,0614, & -0500. The project is
generally located in the easterly part of Federal Way, north of SR 18 and easterly of
North lake.
Proiect Description
The approximate 3.8 acre site is to be developed as a 12-lot Subdivision. It is
planned that the one existing residence will remain and 10 new single family homes
will be constructed. Access to the site will be via a new roadway extended east and
southerly from 38th Ave South to connect to S 333rd PI along the east property at North
Lake Ridge Subdivision. Work will include site clearing and grading, installation of a
storm drainage collection, water quality and detention system, extension of water and
sewer service for each lot; site work, paving and installation of other utilities as
required to service the entire development. All roof, footing and driveway drains from
the new residences will be connected to the drainage system. The minimum lot size
for the proposed subdivision is 7,200 sf, the zoning is SR9.6.
Predeveloped Conditions - The proposed project consists of three separate tax
parcels. There are existing residences with outbuildings on two of these lots. The
existing residence on future lot 10 will remain. The other residence and outbuildings
will be removed. The remainder of the property is used as lawn and open pasture. The
southerly portion of the site is covered with mature trees and brush. The natural
gradient of the property is a slight slope from northwest to southeast towards an
existing offsite wetland area on the adjacent property. There is an approximate slope of
1 % across the property. There is an approximate 6 foot change in elevation across the
property. Portions of the site have been cleared in the past. The property drains via
surface runoff to a wetland area on the recently completed plat of North lake Shore
Lands to the south and east of the subject property.
This downstream wetland and drainage course is identified as Sub-basin 81 in the
drainage analysis for the East Campus south Residential Drainage Report prepared for
the Quadrant Corporation by ESM Engineers, on file at the City of Federal Way. A
copy of this report was used to aide in the preparation of the downstream analysis for
the project.
At this time, there are no special drainage requirements that apply to the development
of this property. The preliminary subdivision application will be considered by the City
upon acceptance of the drainage design. The storm drainage design requirements
applicable to this project are found in the appropriate provisions of the 1998 King
55
North Lake Pointe Subdivision, Federal Way, WA
County Surface Water Design Manual as modified by the City of Federal Way. The
City has required that level 1 Flow Control and the Basic Water Quality Control Menus
be used to determine the detention and water quality requirements for the subject
property. Controlled discharge from this project will be to the existing wetland area to
the southwest.
Existing Soils - The King County Soils Survey Maps identify the soil types for the
subject site as Alderwood Gravely Sandy loam. These soils are generally considered
unsuitable for infiltration systems.
Developed Conditions - Specific site work includes site grading and placement of fill for
the construction of the utilities, roadways and the proposed residences. The required
improvements will include the extension of water, sanitary sewer, storm drainage and
access road improvements for the project. The proposed improvements include
approximately 415 If of full-width street improvements and 200 feet of half street
improvements from into and through the property to provide access to all of the new
lots. A private access tract will be developed to access lots 2-5 and a separate tract to
access lots 12&13 as shown on the plat map. Underground utilities will include water,
sanitary sewer, storm drainage, natural gas, electrical power, telephone, and cable lV.
An underground storm drainage collection system will be installed for the lot and
roadway drainage. All residential downspouts and footing drains will be connected to
this drainage system. The storm drainage system will discharge to a proposed
combination stormwater quality and detention pond located in the along the southeast
side of the site. A storm drain outfall will be installed with an outlet control manhole for
controlled discharge from the detention system to the existing drainage course.
SECTION 2 CONDITIONS AND REQUIREMENTS SUMMARY
Surface Water Drainage Review -The project is required to address Full Drainage
Review under the City of Federal Way Surface Water Design Manual. Full Drainage
Review requires preparation of engineering site improvement plan, a Technical
Information Report, Erosion/Sedimentation Controls and related information. The
project is required to address the applicable core requirements 1-8, special
requirements 1-5.
A. Core Requirements
Core Requirement #1: Discharge at the Natural location. - The natural topography
of the site is such that all existing runoff sheet drains southeasterly across the
property towards the adjacent natural wetland on the North lake Shore lands Plat.
All runoff from the developed site will be intercepted and drain to the control facility
with discharge to this existing downstream system. There is no existing or proposed
bypass area from the drainage system. This runoff is conveyed southerly under SR
18 to the Mill Creek wetland into the Mill Creek Drainage Basin.
56
North lake Pointe Subdivision; Federal Way, WA
Core Requirement #2: Offsite Analysis -On a slight amount of upstream off site
runoff enters the property from the north. Existing ditches along 38th Ave South
intercept the runoff and carrying westerly towards North Lake. The proposed
drainage facilities will include provisions to intercept any existing runoff that may
enter the property.
Core Requirement #3: Flow Control - The storm drainage design requirements
applicable to this project are found in the 1998 King County Surface Water Design
Manual and appropriate provisions of the City of Federal Way Design Manual. The
City has required that Level 1 Flow Control and the Basic Water Quality Menu be
used to determine the detention and water quality requirements for the subject
property .
Core Requirement #4: Conveyance System - The project site improvements as
proposed include construction of public and private road improvements to provide
access to all new lots. On site storm drainage detention will be provided with a
water quality pond, with controlled release to downstream system. Detailed
calculations for pipe sizing will be provided with the design plans.
Core Requirement #5: Temporary Erosion and Sediment Control - The design plans
to be submitted will list the basic measures and construction sequence as required
to address ESC issues for this site.
Core Requirement #6: Maintenance and Operations - All drainage improvements
proposed will be located in public right of way or storm drain tracts. The detention
pond will be located in a tract of land to be dedicated to the City of Federal Way,
maintenance of the drainage system and pond will be the responsibility of the City.
Core Requirement #7: Financial Guarantees and Liability - Once the Engineering
plans are approved, the appropriate bonds will be submitted to the City as part of
the platting process.
Core Requirement #8: Water Quality - The project will use an open combination
stormwater detention and wet pond as approved by the City.
Special Requirement #1: Other Adopted Area-Specific Requirements - Not
applicable for this project.
Special Requirement #2: Floodplain/Floodway - There is no known floodplain or
f100dways on this property.
Special Requirement #3: Flood Protection Facilities - Not applicable to this project.
Special Requirement #4: Source Control- Not applicable to this project.
Special Requirement #5: Oil Control - Not applicable to this project.
57
North lake Pointe Subdivision, Federal Way. WA
SECTION 3 OFFSITE ANALYSIS
TASK 1 DEFINE AND MAP STUDY AREA
Proiect Location
The 3.8 acre project consists of three separate parcels that are located in the SW/4 of f
Section 15, TWP 21N, RGE 4E, W.M. The property is located along the east side of S
38th Ave South, adjacent to and westerly of the Northlake Ridge Subdivision. The
address of the existing residence is 33214 38th Ave South, Federal Way, WA. The tax
parcel numbers for these tracts are 6143600-0617,0614, & -0500. The project is
generally located in the easterly part of Federal Way, north of SR 18 and easterly of
North Lake.
Proiect Description
The approximate 3.8 acre site is to be developed as a 12-Lot Subdivision. It is
planned that the one existing residence will remain and 10 new single family homes
will be constructed. Access to the site will be via a new roadway extended east and
southerly from 38th Ave South to connect to S 333rd PI along the east property at North
Lake Ridge Subdivision. Work will include site clearing and grading, installation of a
stann drainage collection, water quality and detention system, extension of water and
sewer service for each lot; site work, paving and installation of other utilities as
required to service the entire development. All roof, footing and driveway drains from
the new residences will be connected to the drainage system. The minimum lot size
for the proposed subdivision is 9,600 sf, the zoning is SR9.6.
Predeveloped Conditions - The proposed project consists of three separate tax
parcels. There are existing residences with outbuildings on two of these lots. One of
the residences will remain, and the other building and garage will be removed. The
remainder of the property is used as lawn and open pasture. The southerly portion of
the site is covered with mature trees and brush. The natural gradient of the property is
a slight slope from northwest to southeast towards an existing offsite wetland area on
the adjacent property. There is an approximate slope of 1% across the property. There
is an approximate 6 foot change in elevation across the property. Portions of the site
have been cleared in the past. The property drains via surface runoff to a wetland area
on the recently completed plat of North Lake Shore Lands to the south and east of the
subject property.
This downstream wetland and drainage course is identified as Sub-basin B 1 in the
drainage analysis for the East Campus south Residential Drainage Report prepared for
the Quadrant Corporation by ESM Engineers, on file at the City of Federal Way. A
copy of this report was used to aide in the preparation of the downstream analysis for
the project.
TASK 2 RESOURCE REVIEW
58
North Lake Pointe Subdivision, Federal Way, WA
The Publi9 Works Division of the City of Federal Way and the website were visited to
research and obtain copies of available drainage resources for the project vicinity. The
following information was used for the level One drainage analysis:
a. Supporting Maps and Documents - City Drainage Maps, Sensitive Area Maps,
design plans for adjacent properties and topographic information as shown on
the subdivision plans were used for this analysis. The appropriate
documentation is attached to this report.
b. Basin Reconnaissance Summary Report - Not Available for this site.
c. Floodplain and Floodway Maps - The site is not located within an identified
floodplain or flood hazard area.
d. Other Reports or Analysis - Copies of the TIR and Downstream Drainage
reports for the adjacent properties were requested and received from the City of
Federal Way to review the downstream drainage conditions.
TASK 3 FIELD INSPECTION OF STUDY AREA
The project site and downstream drainage course were visually inspected in November
2006. The description of the study area is as follows:
Upstream Tributary Areas - The properties immediately up hill to the north and west of
this project are generally single family homes on large lots with established lawns and
cleared pastures. Drainage from these properties is generally via an undefined
drainage course westerly down the slopes to North lake and away from the subject
property. There are roadside ditches along 38th Ave South to intercept this surface flow
from the properties above and direct this flow off the property and away from the
downstream system.
Downstream DrainaQe Analvsis - The property to the southeast is the natural free
flowing outlet for runoff from this project. This property has been recently developed as
a large subdivision with an established stormwater collection and detention system. It
is proposed to maintain the natural drainage course to the existing wetlands located to
the southeast on this property.
TASK 4 DESCRIPTION/IDENTIFICA TION OF POTENTIAL PROBLEMS
The downstream drainage system consisting of natural wetlands, swales, pipes and
ditches is well established. Although the steeper slopes are subject to erosion, there
have been no significant problems identified in this downstream drainage course.
There are no signs of flooding, erosion, or other problems associated with this existing
drainage system. This system appears to have adequate capacity for the stormwater
runoff. The City had no record of drainage problems within this area.
TASK 5 MITIGATION ONSITE DRAINAGE IMPROVEMENTS
59
North lake Pointe Subdivision, Federal Way, WA
Past experience and inspections of the natural soils found on this site indicate that
onsite retention is not feasible. The stonn drainage design requirements applicable to
this project are found in the City Construction Standards and the King County Surface
Water Design Manual as modified by the City. The drainage requirements will be
addressed using a combination water quality and detention pond. Preliminary design
volumes and configurations for this pond are attached.
SECTION 4 FLOW CONTROL AND WATER QUALITY
A. Existing Site Hydrology - The proposed plat includes the development of the
above described 3.8 acre tract. There are two existing residences and outbuildings
located on the site. There is an established lawn and deciduous trees around the
residences. There is an existing gravel driveway and large maneuveringl parking area
that accesses the residences from 38th Ave South. The remainder of the site is
modeled as 50% till pasture and 50% till forest.
The following was used for the KCRTS input for existing site conditions.
Table 1 Existin Site H drolo ic Characteristics (EX. TSF)
land Cover/Soils
Impervious
Till Pasture
Till Forest
Till lawn
Total. Area
0.35 ac
1.38 ac
1.38 ac
0.69 ac
3.80ac
B Developed Site Hydrology - The developed drainage system consists of the
combined runoff from the 12-lots and the roadway improvements. No significant
developed area will bypass the detention facility. Per the manual requirements, 4,000
sf of impervious area was used for each developed lot and the area of proposed road
improvements was measured from the plat map.
2.09 ac
1.71 ac
0.00 ac
0.00 ac
3.80 ac
60
North lake Pointe Subdivision, Federal Way, WA
D. Flow Control System and Performance Standards- The worksheets and
computer analysis for the sizing of the storm drainage detention facility are attached to
. this report. The storm drainage detention system has been designed to comply with the
conditions of the Surface Water Design Manual, where applicable. Stormwater
detention for will be provided in a single cell combination water quality and detention
pond and stormwater wetland. An outlet control manhole will restrict runoff to the
existing downstream drainage course. The details for sizing the retention/detention
facility are provided in the attached calculations and on the drainage plan sheets.
Level 1 flow control analysis was used with the time series analysis to design the
detention pond. Level 1 flow control requires that the detention pond be sized with the
orifice structure configured to match the duration curves from the developed site to the
duration curves from the predeveloped site between the 2-year flow and the 10-year
flow.
E. Detention Facility - The KSRTS Level 1 analysis and site design parameters
allowed the design of a storm drain detention and water quality facility located at the
southwest comer of the site. Details of the detention pond are summarized in the table.
Table 4 Combination Detention and Wet Pool Facili
8tm Dead Storage
8tm Live Storage
Max WS Elevation
Wet Pool Volume Reqd
Wet Pool Volume Provided (prelim design)
RID Volume Reqd (prelim design)
RID Volume Provided ( relim desi n)
413.50
417.50
420.50
3,840 cf
6,370 cf
13,180 cf
14,985 cf
F. Water Quality System - The BMP for storm water quality is the use of the Basic
Water Quality Resource Menu. The most appropriate solution for this site was a stonn
water wet pond incorporated into the detention facility.
SECTION 5 CONVEYANCE SYSTEM ANALYSIS
Detailed calculations for pipe sizing will are attached.
SECTION 6 SPECIAL REPORTS AND STUDIES
No special studies have been prepared for this project.
SECTION 7 BASIN AND COMMUNITY PLANNING AREAS
There are no specific drainage development conditions that apply to this project.
61
North lake Pointe Subdivision, Federal Way, WA
SECTION 8 OTHER PERMITS
Construction of the road and drainage improvements require approval prior to
construction. Construction of the single family residences will require separate building
permits. A National Pollutant Discharge Elimination System (NPDES) permit is required
for this project. This permit is obtained from Washington State Department of Ecology.
There are no other permits that are required for this project.
SECTION 9 EROSION/SEDIMENTATION CONTROLS
As part of the construction process, the entire subdivision will be cleared and regraded.
This regrading includes the lots and the alignment of the roadways. It is proposed to
construct the subdivision detention and water quality pond as part of the ESC/grading
improvements. An additional sedimentation pond is proposed along the easterly
boundary of the plat as required to intercept runoff until the permanent facilities are
constructed. Detailed calculations for the ESC system are attached.
SECTION 10 BOND QUANTITIES WORKSHEET, RETENTION/DETENTION
FACILITY SUMMARY SHEET AND SCHEMATIC AND DECLARATION OF
COVENANT
The bond quantity worksheet, and other forms will be submitted as part of the plan
review process.
SECTION 11 MAINTENANCE AND OPERATIONS MANUAL
The maintenance manual will be provided as part of the final plan submittal.
62
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King County Department of Development and Environmental Services
TECHNICAL INFORMATION REPORT (TIR) WORKSHEET
Part 1. PROJECrOWNER AND
PROJECT SNGINEER
Project Owner: North Lake Pointe. lLC Attn:
Russ Millard
Part 2 PROJECT lOCATION AND
DESCRIPTION
Project Name Nor"'~ At!!I. k~
location: R~r.i1 / 0"7 Lv J1
Address
Phone
Project Engineer ANDY J. RYKELS. P.E.
Company: RYKELS ENGINEERING. INC.
28301-183RO AVE SE. KENT, WA 98102
Phone 253-631-6598
Township 21N
Range 4E
.............Section SW/4 OF SECTION 15
Part 3. TYPE OF PERMIT
APPLICATION '
~ Subdivison 12. ~ tJ 1-.5
o Short Subdivision
o Grading
o Commercial
o Other
- -
Part 4 OTHER REVIEWS AND PERMITS
o DFW HPA
o COE 404
o DOE Dam Safety
o FEMA Floodplain
o COE Wetlands
o Shoreline Management
o Rockery
o Structural Vaults
o Other
Part 5 SITE COMMUNITY AND DRAINAGE BASIN
Community
c; Iy (r/
11//
hd(!~dl LJa,)'
Ce~ I~ ,?)Yd /:', ('
,3.v~ .. ~
Drainage Basin
Part 6 SITE CHARACTE;RISTICS
DRiver
o Floodplain
o Wetlands
o Seeps/Springs
o High Groundwater Table
o Groundwater Recharge
o Other
0 Stream
0 Critical Stream Reach
0 Depressions/Swales
0 Lake
0 Steep Slopes
67
Part 7 . SOILS
Soil Type
Ilhkrwo tJ.p/
Slopes
L,%
o Additional Sheets Attached
Part .8_:[)~f;I..OPNlENT I..IMITATIO~S _
REFERENCE
o Ch. 4 - Downstream Analvsis
o
o
o
o
o
o Additional Sheets Attached
. .. -
,." ,
Part9 ESe; REQlJl~EMENTS
MINIMUM ESC REQUIREMENTS
DURING CONSTRUCTION
~ Sedimentation Facilities
9t Stabilized Construction Entrance
~ Perimeter Runoff Control
~ Clearing and Graing Restrictions
!;l. Cover Practices
r! Construction Sequence
o Other
Erosion Potential
/1J1)~, 4f'<!:
Erosive Velcoties
LIMIT A TION/SITE CONSTRAINT
MINIMUM ESC REQUIREMENTS
AFTER CONSTRUCTION
Of Stabilize Exposed Surface
5r Remove and Restore Temporary ESC Facilities
[R Clean and Remove All Silt and Debris
621- Ensure Operation of Permanent Facilities
o Flag Limits of SAO and open space
preservation areas
o Other
68
Part 10 SURFACE WATER SYSTEM
0 Grass lined 0 Tank 0 Infiltration
Channel 0 Vault 0 Depression
~ Pipe System 0 Energy Dissapator ~ Flow Dispersal
0 Open Channel 0 Wetland 0 Waiver
0 Dry Pond 0 Stream 0 Regional
m Wet Pond Detention
Method of Analysis
XCR'T5 ..(0,111.
Compensation/Mitigati
on of Eliminated Site
Storage
.AIR
Brief Description of System Operation
Facility Related Site limitations
Reference Facility
limitation
Part 11 qTRUCTURAlANAL ys.IS
.,-- . .
Part12EASEMENTSflRACTS
o Cast in Place Vault
rX Retaining Wall
o Rockery > 4' High
o Structural on Steep Slope
o Other
o Drainage Easement
o Access Easement
o Native Growth Protection Easement
KJ Tract dYbJ,no/e-r-rOJcf
o Other
. . -
',"' ..... ,'- '- .
Pa~t~ SIGNATl)~E QF:,pROFESS.IO~AL ENGINEER
I or a civil engineer under my supervision my supervision have visited the site. Actual site
conditions as observed were Incorporated into this w heet and the attachments. To the best of
my knowledge the' formation provided h ac t.
kiB jJ
69
City of
Federal Way
Federal Way
Drainage Basins
City of Federal Way.
33325 81h Ave S.
Federal Way, WA 98003
(253) 835-7000
www.cUederal-way.waus
PUfJf11
Saul'/d
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W::llI!~lIoqOllLY.
~ Scale: 0 H)'ie~ C,.at .. LlIll 0.,* CllJ III D<Ionl \\I", m_
0 112 1 "'He .n .......ntr.. llIiU-..:y
N liiJ In.,,,,, GtMr> illY" 0 Wlulil Ri'N ~ Fadc,nl Way
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"Ill IlOt 1/10'''71 II ./Ul~A1~4kMllirM4I'ijfl/Q.ft""
70
.www.cityoffederalway.com/fo Iders/home/businesseconomicdevelopmentlcitymaps/environmenta1... 12/28/2006
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Return Period
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10
RDOUT.pks in Sea-Tac
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Cumulative Probability
98 99
76
Retention/Detention Facility
Type of Facility:
Side Slope:
Pond Bottom Length:
Pond Bottom Width:
Pond Bottom Area:
Top Area at 1 ft. FB:
Effective Storage Depth:
Stage 0 Elevation:
Storage Volume:
Riser Head:
Riser Diameter:
Number of orifices:
Orifice . Height
(ft)
1 0.00
2 2.25
Top Notch Weir:
Outflow Rating Curve:
Detention Pond
3. 00 H: 1 V
80.06 ft
40.03 ft
3205. sq. ft
6663. sq. ft
0.153 acres
3.00 ft
41 7. 50 ft
13180. cu. ft
0.303 ac-ft
3.00 ft
12.00 inches
2
~ R~ 0{
Util.
~~....
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Diameter
(in)
2.26
1. 63
None
None
Full Head
Discharge
( CFS )
0.240
0.062
4.0
Pipe
Diameter
( in)
Stage Elevation Storage Discharge Percolation Surf Area
(ft) (ft) (cu. ft) (ac-ft) (cfs) (ets) (sq. ft)
0.00 417 . 50 O. 0.000 0.000 0.00 3205.
0.02 417 . 52 64. 0.001 0.021 0.00 3219.
0.05 417.55 161. 0.004 0.030 0.00 3241.
0.07 417.57 226. 0.005 0.037 0.00 3255.
0.09 417.59 291. 0.007 0.043 0.00 3270.
0.12 41 7 . 62 390. 0.009 0.048 0.00 3292.
0.14 417 . 64 456. 0.010 0.052 0.00 3306.
0.16 417.66 522. 0.012 0.056 0.00 3321.
0.19 417.69 622. 0.014 0.060 0.00 3343.
0.21 417.71 689. 0.016 0.064 0.00 3358.
0.31 417.81 1028. 0.024 0.077 0.00 3431.
0.41 417.91 1375. 0.032 0.089 0.00 3506.
0.51 418.01 1730. 0.040 0.099 0.00 3581.
0.61 418.11 2092. 0.048 0.108 0.00 3658.
0.71 418.21 2461. 0.057 0.117 0.00 3734.
0.81 418.31 2839. 0.065 0.125 0.00 3812.
0.91 418.41 3224. 0.074 0.132 0.00 3890.
1.01 418.51 3617 . 0.083 0.139 0.00 3969.
1.11 418.61 4018. 0.092 0.146 0.00 4049.
1.21 418.71 4426. 0.102 0.153 0.00 4129.
1. 31 418.81 4843. 0.111 0.159 0.00 4210.
1. 41 418.91 5268. 0.121 0.165 0.00 4292.
1. 51 419.01 5702. 0.131 0.170 0.00 4375.
1. 61 419.11 6143. 0.141 0.176 0.00 4458.
1.71 419.21 6593. 0.151 0.181 0.00 4542.
1. 81 419.31 7052. 0.162 0.187 0.00 4627.
1. 91 419.41 7519. 0.173 0.192 0.00 4712.
2.01 419.51 7994. 0.184 0.197 0.00 4798.
77
2.11 419.61 8479. 0.195 0.201 0.00 4885.
2.21 419.71 897l. 0.206 0.206 0.00 4973.
2.25 419.75 917l. 0.211 0.208 0.00 5008.
2.27 419.77 9271. 0.213 0.209 0.00 5026.
2.28 419.78 9322. 0.214 0.212 0.00 5035.
2.30 419.80 9423. 0.216 0.215 0.00 5052.
2.32 419.82 9524. 0.219 0.220 0.00 5070.
2.33 419.83 9575. 0.220 0.225 0.00 5079.
2.35 419.85 9676. 0.222 0.232 0.00 5097.
2.37 419.87 9778. 0.224 0.238 0.00 5115.
2.39 419.89 9881. 0.227 0.240 0.00 5132.
2.49 419.99 10399. 0.239 0.253 0.00 5222.
2.59 420.09 10925. 0.251 0.264 0.00 5312.
2.69 420.19 11461. 0.263 0.274 0.00 5403.
2.79 420.29 12006. 0.276 0.284 0.00 5495.
2.89 420.39 12560. 0.288 0.293 0.00 5588.
2.99 420.49 13123. 0.301 0.301 0.00 5681.
3.00 420.50 13180. 0.303 0.302 0.00 5690.
3.10 420.60 13754. 0.316 0.618 0.00 5784.
3.20 420.70 14 337. 0.329 1.190 0.00 5879.
3.30 420.80 14 930. 0.343 1.930 0.00 5974.
3.40 420.90 15532. 0.357 2.720 0.00 6071.
3.50 421.00 16144. 0.371 3.010 0.00 6167.
3.60 421.10 16766. 0.385 3.280 0.00 6265.
3.70 421. 20 17397. 0.399 3.520 0.00 6363.
3.80 421. 30 18038. 0.414 3.740 0.00 6462.
3.90 421. 40 18690. 0.429 3.950 0.00 6562.
4.00 421. 50 19351. 0.444 4.150 0.00 6663.
4.10 421.60 20022. 0.460 4.340 0.00 6764.
4.20 421.70 20704. 0.475 4.530 0.00 6866.
4.30 421. 80 21395. 0.491 4.700 0.00 6969.
4.40 421.90 22097. 0.507 4.870 0.00 7072.
4.50 422.00 22810. 0.524 5.030 0.00 7176.
4.60 422.10 23533. 0.540 5.190 0.00 7281.
4.70 422.20 24266. 0.557 5.340 0.00 7386.
4.80 422.30 25010. 0.574 5.490 0.00 7493.
4.90 422.40 25764. 0.591 5.640 0.00 7600.
5.00 422.50 26530. 0.609 5.780 0.00 7707.
Hyd Inflow Out flow Peak Storage ')
Target Calc Stage Elev (Cu-Ft) (Ac-Ft)
1 1.25 ******* 1.05 3.17 420.67 14191. 0.326
2 0.60 ******* 0.40 3.03 420.53 13364. 0.307
3 0.60 0.30 0.30 3.00 420.50 13178. 0.303 I; \e.-~"'''''''''~K
4 0.64 ******* 0.30 2.97 420.47 13013. 0.299
5 0.73 ******* 0.25 2.49 419.99 10408. 0.239 (
;
6 0.37 0.18 0.19 1.81 419.31 1039. 0.162
7 0.46 ******* 0.15 1.13 418.63 4082. 0.094
8 0.46 ******* 0.13 0.92 418.42 3268. 0.075
78
flow frequency Analysis
Time Series File:ex.tsf
Project Location:Sea-Tac
---Annual
Flow Rate
(CFS)
0.302
0.165
0.319
0.106
0.177
0.298
0.274
0.577
Computed
Peak Flow Rates---
Rank Time of Peak
-----Flow frequency Analysis-------
- Peaks Rank Return Prob
(CFS) Period
0.577 1 100.00 0.990
0.319 2 25.00 0.960
0.302-C"- IO/~ 10.00 0.900 Ex ts.,.
o :298 5.00 0.800
0.274 5 3.00 0.667 f!.VI1.,a-.
0.177 '2.. 7 .,. 6 2.00 0.500
m 7 1. 30 0.231
0.106 8 1.10 0.091
0.491 50.00 0.980
3
7
2
8
6
4
5
1
Pea ks
2/09/01
1/05/02
2/27/03
8/26/04
1/05/05
1118/06
11/24/06
1/09/08
15:00
16:00
7:00
2:00
8:00
16:00
3:00
6:00
Flow Frequency Analysis
Time Series File:dev.tsf
Project Location:Sea-Tac
---Annual Peak Flow Rates--- -----Flow Frequency Analysis-------
Flow Rate Rank Time of Peak - Peaks Rank Return Prob
(CFS) (CFS) Period
0.602 5 2/09/01 2:00 1. 25 1 100.00 0.990
o . 460 8 1/05/02 16:00 0.730 2 25.00 0.960
0.730 2 2/27/03 7:00 0.675 3 10.00 0.900
0.465 7 8/26/04 2:00 0.635 4 5.00 0.800
0.568 6 10/28/04 16:00 0.602 5 3.00 0.667
0.635 4 1/18/06 16:00 0.568 6 2.00 0.500
0.675 3 10/26/06 0:00 0.465 7 1. 30 0.231
1.25 1 1/09/08 6:00 0.460 8 1.10 0.091
Computed Peaks 1. 08 50.00 0.980
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WETPOND
WATER QUALITY DESIGN - STORMWATER WETPOND
1 VOLUME FACTOR =
2 RAINFALL @=
3 AREA IMPERVIOUS
4 AREA TILL SOIL
3.0
0.47
2 AC=
1.8 AC =
67,120 SF
78,408 SF
Vr=(0.9*(Ai))+0.25*(Aimp)*Rl12
VR= 3838.725
WET POND VOLUME = 3.0*Vr =
11,516 cf
V3~ 3838
1I5e ~ vof"Wle I;' ~/,d..".-l
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Page 1
82
Schoo I Access Analysis
For
Federal Way School District
By
Russell D. Millard
Six Poiote Investments, LLC
July 26, 2007
EXHIBIT ____1
83
RESUBMITTED
JUL 3 0 Z007
CITY OF FEDERAL WAY
BUilDING DEPT.
tn [[lIS analYSIS we have paid special attention to the
following:
· Pathways that require students to cross the fewest number
of streets to reduce vehicle-pedestrian exposures.
· Pathways that allow students to walk on the sidewalk or
paths where available.
· Pathways that allow students to walk the shortest possible
distance on streets without sidewalks or wide shoulders.
· Pathways that allow students to walk on the left side of
the street facing traffic on streets where practicable.
· Pathways that avoid high speed, high volume roads and
roads with high truck volume.
· Pathways that make use of protective techniques (traffic
control devises, existing crossing guards, and school
patro Is ).
· Path\-vays that make use of easefnents with walk\-vays
through parks or other available areas \vhere student
safety is maximized. Walkways must be cleared of
vegetation for maximum visibility_
Our analysis includes the following information, where
available:
· School location
· Description of sidewalk, pedestrian paths and shoulders,
including:
· Condition and width of shoulder and sidewalk.
84
· Whether shoulders are paved, gravel or grass or non-
existent.
· Whether sidewalks and shoulders are immediately
adjacent to traffic lanes or are separated by a planting
strip or other means from moving traffic and
· The location of drainage or irrigation ditches.
· Location of aIL crosswalks, including type of crossing
protection offered.
· Medians, pedestrian refuge islands and other pedestrian
safety features.
· Posted speed I imils and warning signs and especially all
20 mph speeds limit zones.
· All stop and yield signs
· Traffic signals, including presence of marked sidewalk
and pedestrian signal indication. Traffic signal and
phasing for pedestrian crossing.
· Bicycle lanes or paths.
· Other relevant pedestrian safety factors observed.
85
Pathways from Subiect to Bus stops for Lake Dolloff Elementary School,
Sequovah Middle School, Todd Deamer Hieh School:
Pathways from Subiect to Bus stop for Lake Dolloff Elementary School that is
tit
Located at 4200 South 308 Street, Federal Way 9800l.
The subject subdivision will provide a 5-foot wide sidewalk on the west boundary of the
property fronting the east side ofJ8th Ave South. From that sidewalk the pedestrians will
proceed north and transition to a 7-foot wide asphalt cement paved shoulder surface,
which is immediately adjacent to the driving lane. There are not any drainage or irrigation
ditches along this stretch of the pathway_ The roadway is posted at 25 mph, with "No
shoulder Driving" signs posed for each direction. There are no crossings for the subject to
the buss stop.
86
G.Q()9Le
l.bp~ <'
Start 33021 38th Ave S
Auburn, WA 98001
End 33222 38th Ave S
Auburn, WA 98001
Travel 0.1 mi
" 33021 38th Ave S
.' Auburn, WA 98001
Drive: 0.1 mi
1. Head south on 38th Ave S
'33222 38th Ave S
" Auburn, WA 98001
0.1 mi
hese directions are for planning purposes only_ You may find that construction
rojects, traffic, or other events may cause road conditions to differ from the map
~sults_
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87
Pathways from Subiect to Bus stop for Sequovah Middle School that is located at
34155360"' Street. Federal Way 98001
The subject subdivision wilt provide a 5-foot wide sidewalk on the west boundary of the
property fronting the east side of 38th Ave South. From that sidewalk the pedestrians will
proceed south and transition to a 7 -foot wide asphalt-cement paved shoulder surface,
which is immediately adjacent to the driving lane. There are not any drainage or irrigation
ditches along this stretch of the pathway. The roadway is posted at 25 mph, with <<No
shoulder Driving" signs posed for each direction. There are no crossings for the subject to
the buss stop. The pedestrian continues south along the pathway to the roundabout on a 5'
wide Portland-cement concrete sidewalk. There are crossings in the roundabout, at the
intersection of 38th Ave South and South JJ4th, which also provides pedestrian refuge
areas. As the pedestrians proceeds to the bus stop they will transition from the 5' wide
sidewalk that has a 4' wide separated landscape buffer from the roadway at the
terminat.ion of the round-about to 7to 9-foot wide asphalt-cement paved shoulder surface
to the bus stop for about 200 feet
88
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Maps 0
Start 3625 S 334th St
Auburn, WA 98001
End 33222 38th Ave S
Auburn, WA 98001
Travel 0.1 mi
, 3625 5 334th St
Auburn, WA 98001
Drive: 0.1 mi
1. Head east on S 334th St
--. --- .... '--,---_.---. ---". "- . .---- ".-'-" ".". .-'----'
2. At the traffic cirde, take the 2nd exit onto 38th Ave S
, 33222 38th Ave S
Auburn, WA 98001
272 ft
387 ft
hese directions are for planning purposes only_ You may find that construction
rojects, traffic, or other events may cause road conditions to differ from the map
~sults.
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89
Patbwavs from Subiect to Bus stop for Todd Beamer Hieh Scbool that is located at
3599916"' Ave South~ Federal Wav~ WA 98001.
The subject subdivision will provide a 5-foot wide sidewalk on the west boundary of the
property fronting the east side of 381h Ave South. From that sidewalk the pedestrians will
proceed north and transition to a 7-foot wide asphalt-cement paved shoulder surface,
which is immediately adjacent to the driving lane. There are not any drainage or irrigation
ditches along this stretch of the pathway. The roadway is posted at 25 mph, with <<No
shoulder Driving" signs posed for each direction. There are no crossings for the subject to
the buss stop_
90
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Start 33000 38th Ave S
Auburn, WA 98001
End 33222 38th Ave S
Auburn. WA 98001
Travel 0.2 mi
. 33000 38th Ave 5
r Auburn, WA 98001
Drive: 0.2 mi
Overview
1. Head south on 38th Ave 5
,. 33222 38th Ave 5
r Auburn, WA 98001
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Pathways from Subiect to Lake Dolloff Elementary School~ Sequovah
Middle School. Todd Beamer Hieh School:
Pathways from Subiect to Lake DoUoff Elementary School. which is located at 4200
South 308. Street, Federal Way 98001.
Pedestrians proceed east on South JJJcd Place to 420d Ave South, along a 5-foot wide
Portland-cement concrete sidewalk, which is on both sides of the roadWay within the
subdivision. The pedestrian continues north along 4200 Ave South to 330\6 4200 Ave
South, along a pathway through the subdivision as the roadway is blocked with a
barricade, emerging on to the continuation of 42nd Ave South, walking on the sidewalk on
the west side of the street, then stopping at South J28th Street and proceeding across 420d
Ave South at the stop sign. Then continuing to the stop sign at Military Road along as'
wide Portland-cement concrete sidewalk. The posted speed though this section of roadway
is 25 mph. The pedestrian will turn to the north and cross at the stop sign at the corner.
Then proceeding north along Military Road there is about 200 feet of 5-foot wide
Portland-cement concrete sidewalk adjacent to the west side of the street. The sidewalk
transitions to an asphalt-cement paved shoulder, which varies from 6 to S feet in width
along the pathway. Storm water is controlled by underground piping for the first 300 feet
then changes to open trapezoidal ditch adjacent to the shoulder. The street is posted with
traffic control signage at 45 mph. The asphalt-cement paved shoulder is S feet wide at
326th. There is also overhead lighting at the intersection of 3261h and 32Sth The asphalt-
cement paved shoulder is S feet wide on the east side and 7 -feet wide on the west side and
the ditches are 2 feet beyond the asphalt-cement paved shoulder. The asphalt-cement
paved shoulder widens to 9-feet at 324th, then proceeding North along the roadway, it is
likely that pedestrian will seek an opportunity to cross the roadway at this street to allow
the pedestrians to take a short cut through the Preasley Canyon Apartments to emerge at
South 321 Street There is sidewalk within the apartment complex. Otherwise, for those
pedestrians that proceed North along Mjlitary Road at 324th there is a 5' wide Portland
cement concrete sidewalk on the east side of the street are traffic and pedestrian control
devices at the intersection and a crosswalk with separations and overhead lighting. From
the intersection the pedestrian proceeds easterly along the 8' wide Portland cement
concrete sidewalk along South Preas ley Canyon Road. For about 100 feet then transition
to a 2' and asphalt cement pavement shoulder with 6' of gravel shoulder beyond all of
which are adjacent to the traffic lane. A traffic control devise and cross walk are located
at South 321 Street that allows safe crossing at the crosswalk with the control of electronic
pedestrian control devises and traffic signalization. After crossing South Preasley Canyon
Road onto South J21 Street an 8' wide asphalt-cement paved shoulder exist on both sides
until it narrows to 6' wide as the roadway crosses the creek. Pedestrians that are not on
the north side would cross the street at 44 Ave South the southbound stop sign. The gravel
shoulder is 8' wide and necks down to 4 feet at several places. There are also some limited
stretches of 5' wide Portland cement concrete sidewalk on the east side of the roadway.
The speed is posted at 25 mph until the pedestrians approach the school when the speed
reduces to 20 mptL There are open ditches along this section of street as well. There is a
stop sign and crosswalk at South JOSth Street at the entrance to the school.
92
Pathways from Subiect to Sequovah Middle School that is located at 34155 J60th
Street. Federal Wav 9300 1
Pedestrians proceed east on South J3Jfd Place to 42'''' Ave South, along a 5-foot wide
Portland-cernent concrete sidewalk. which is on both sides of the roadway within the
subdivision. The pedestrian continues north along 42M Ave South then turn to the east on
45'" Way South to Military Road. There are Portland-cement concrete sidewalks on both
sides within the entire pathway in the subdivision. On Military Road.the pedestrian will
proceed south on an 8' wide sidewalk adjacent to a bike path for a distance of about 200
feet. Then the pathway will transition across the bridge that crosses above Highway 18.
The pathway has a J' wide Portland cement concrete sidewalk as part of the bridge
structure with a 2' wide Portland cement concrete shoulder that is adjacent to the roadway.
The Portland cement concrete sidewalk is elevated above the shoulder. The pathway
transitions to a 4' wide asphalt cement pavement shoulder adjacent to the traffic 'ane~ The
pathway then transitions to a 5' wide Portland cement concrete sidewalk for
approximately 200 feet in front of a local Church with grass beyond. The pathway
transitions to a 5' to 6'asphalt cement pavement shoulder that is adjacent to the traffic
lane. There are o'pen trapezoidal ditches along this stretch of pathway beyond the shoulder
area. [t is posted <<No shoulder driving" along this stretch there is a stop sign at SQuth
324th to accommodate crossing. The shoulder widens to 6' at the King County Ball fields
and there is a stop sign to allow crossing at South 354th Street. The pedestrian turns to the
west and continues along South 360th Street along the asphalt cement pavement shoulder
to the school. There is Portland cement concrete sidewalk on the south side of the
roadway along the school property.
93
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M~ps
Start S 360th St
Auburn, WA 98001
End 33214 38th Ave S
Auburn, WA 98001
Travel 2.8 mi - about 5 mins
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Pathwavs from Subiect to Todd Beamer Hi2h School that is located at 35999 16th
Ave South~ Federal Wav. W A 98001.
The subject subdivision will provide a 5-foot wide sidewalk on the west boundary of the
property fronting the east side of38lh Ave South. From that sidewalk the pedestrians will
proceed south and transition to a 7-foot wide asphalt-cement paved shoulder surface,
which is immediately adjacent to the driving lane. There are not any drainage or irrigation
ditches along this stretch of the pathway. The roadway is posted at 25 mph, with "No
shoulder Driving" signs posed for each direction. There are no crossings for the subject to
the buss stop_ The pedestrian continues south along the pathway to the roundabout on a 5'
Portland-cement concrete sidewalk. There are crossings in the roundabout, at the
intersection of 38th Ave South and South 334lh, which also provides pedestrian refuge
areas. As the pedestrians proceeds they will transition from the 5' wide sidewalk that has
a 4' wide separated landscapebuff<< ffom the roadway at the termination ofthe round-
about to 1to 9-foot wide asphalt-cement paved shoulder surface, hen continuing along
J5thAve South on a 7' to 8' wide asphalt cement pavement shoulder that is adjacent to
the traffic lane. Then at the stop sign ofJJ Place South and 3l7lh the pathway changes to a
5' wide asphalt cement pavement shoulder that is adjacent to the traffic lane, that
transitions to a 5' wide Portland cement concrete sidewalk. There is a yield sign at this
roundabout with pedestrian safety areas and crosswalks. Then proceeding along the
roadway westerly to a crosswalk and continuing to the crosswalk at the Weyerhaeuser
corporate entrance with a 5' asphalt cement pavement shoulder that is adjacent to the
traffic lane to the roundabout with pedestrian control islands and crosswalks. Then
transitioning to an 8'wide asphalt cement pavement shoulder that is adjacent to the traffic
lane. Then continuing to the West entrance of the Weyerhaeuser Corporate office a
crossing at the stop sign and proceeding along the asphalt cement pavement shoulder that
is adjacent to the traffic lane under the freeway overpass A new 8' wide Portland cement
concrete sidewalk is being poured to allow pedestrians to move from this point to the
intersection of Pacific Highway South. Along Pacific Highway South the area is highly
developed with Portland cement concrete sidewalks and crossings at the stop signs and
pedestrian islands and electronic controls at the intersection to the High School.
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Maps 0
Start 35999 16th Ave S
Federal Way, WA 98003 ,
End 33214 38th Ave 5
Auburn, WA 98001
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Kille Co....ty
Oc:pl oCOc:veIopmeat aod "'-vicoomeabl Services
8.dldiocServtcer Divlsloll
900 OalcescWe Avenue Soull1west
llcctton, Washington 980SS-1119
(206) 296-6600 TIY (206) 296-7217
Alternative fonnats available
upon request
J/tI-IO
King County Certificate of Sewer Availability
This certilicate provides the Seattle King County Department of Public Health and the Department of
Development and Environmental Services wllt1 information necessary to evaluate development proposaJs.
I 00"",_" IN. "'"
number
name
o Building Peonit
o Short Subdivision
}( Prelimimvy Plat or pun
o Rezone 01' other
Applicanfsname: I<f:QJHn' M6M"1' 6t&w-p Ittl.-tf, 1Ak-..
Proposed use: R.,f!iJP 'PEArl; tf-L - /If:!: j..1JT7
Location: '?3>;U1f aB ~ IJ-VE. ~ 1/L "/If~hO-()I;{7, 1J611 I tJSlJD
M~ +tllf-CH &::b
(attach map !lnd legal description if necess3ly)
Sewer ~gency il1fcrm..tlon:
1. 0 a. Sewer SeMceCNt~ provided by side sewer connection only 10 an ex/sting size sewer
te'et from the site and the sewer system has the capacity to serve the proposed use.
OR
~ b.
sewer service will requ!7lmprovement to the sewer system of.
Ii (1) 1 -;z..{) j:' teet ot sewer lrunk 01' lateral to reach the site; andloc . r- r ~
.,.. . ( 1'0 4' Sf ('c.."':-~ ~ , J
~(2) The construction of a collection system on the site; and/or"'-- S 33'IfP fLA elf
~ (3) Other (describe) fo/-T'J!5NI;:;> ..,-0 '\I1fA3. MIA. ~ ~I/f ~ 11!-171-f
d>/~"f1{Jc...1 Pt>l.(C y V
2- ~ a.
OR
0 b.
3. ,.. a.
The sewer system improvement Is In confoOllance With a County approved sewer comprehoosive plan.
The S8W'er system inprovement will require a sewer comprehensive plan amendment
The proposed project Is within the COlpOOlte limits of the dlstrid or has beoo granted Boundary Review
Board apptoVal for eldenslon of service outside the distlfct or cly.
OR
o b. Annnexatlon 01' Boundary Review Board (BRB) approval will be necessary to provide selVice.
4.' Servlce Is subject to the following: ./
. a. Connectlon charge: <]7) B&f- CA-Lc. V' ~
.~
b. Easemenl(s):..Jr2..~
c. OIher:);ez.c$I~.p/;!:R.. ~ DttJ ~~-A$A.lIlAJh;, ""r
· ne Dlstdot, It ltI.... 4Iso:nlio.. ....enu ...ttpt .. oIela, ... dell}' _ tcnlc:e ltut4 ..... capadtr lillllI84atu la DIstrIct lad 0tW h<vqor IadIlk .
I eertlfy that the above sewer agency Infom1atlon is tiue. ThIs certllicatlon shaI be valid for one year from date of
signature. .
LAREHAVEN UTILITY DISTRICT
Agency name
ENGINEERING'TECHNICIAN II
110e
sewer avaIlab8lty bm.doc
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97
EXHIBIT
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. . 7-11.~ ob
K1ng~ty .
l}epialtm...t of OeWtopm'ent and En"'ronmental S.....e..
1JU1ldlng SeMces DlvbIon
900 Oakesdale AvetlUl!I Sooftowest
Renton, Washington 98055-1210
206-~ TTY206-296-7217
/
.________ ~__--=---~_____~~_-~_ _r ____= _
!~t~;f~li~~~t~:;?i~1~
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Alternative fonnats available
upon request
M-IO
King County Certificate of Water Availability
This certificate provides the SeatlIe 1<109 CountY Department of Public Health and the Department of DevelOpment and
environmental S<<vIces with Information necessary to evaluate development proposals.
I Oonotwrileln~hoJc ...1
. number name ,
a Bulldlng Penn/t
a Short Subdivision
}tI... Preliminary Plat or PUO
a Rezone oroth<<
Applicant's name: JE.'l1tJTT<I M~ t5t-<mP N W JAl C
"
Proposed uSe: 1\"If!!:? fPJ!GAI7ZA-L ~ /1/ :t: .(.., T7' .
Location: 'V? '~.Pi 1 d 1< 1htJJS 7 -r( L- /, "'?~{)-tJ617, ?J~I 'f f tJ5~ 0
, - M,,~ A~nt-<HE.J') - ,
, (aflach map and legal desalpIlon If necessary)
lJV~ter purveyor information:
, , ,
1. a a. W~~'1ie ~edby a8rilce coonedIori cxiIy loan exlsling , (size) water maiR'
ORlhatis , ' feeU'om1hedll. 11(li: fp"41'1J$-4 -t.IT ,"3 ","It.4rrf~(4'
lJ{ b, Wafer servtce will le9-uIre ~vement In the walar system ot 'd-(t1( Tff<<: ~ '1TNfj l!1'" ~ ~ ~
r- ~(f) Q Irul-~,~ofwatarmafntoreadlthe site:andIor fAIluJt ~~ 71'.__
. (2l The consfrucllon of 8 dlSiiiiiiiifon. system on the a1te; lIIIdIor V"
(3) other(desalbe) {.liJIJP V1I~ btlSTEM _
2. ., ~ The water system Is In conformance with a Co.unty approved water comprehensive plan.
a b. The wafer system knprovement Is not In contonnance with a County approved water comprehWlw
plan and will reqolre 8 water comprel1enslve plan amendment. (This (11a'f cause a delay In lsSllance of a permit or
approval). .
~ i'a
The ptOpClsl!d project is withln the corporate IImlts of the dllMfct. or has been gnmted Boundary Review Board
approval for extenslon of SeMce outside the district or city, or Is within the Col.Inty approved service area of 8 private.
water pUlVeyor.
'OR
o b.
Annexation or Boundary Review Board (BRB) approval wil be necessary kJ provide service.
Water Is or YIlfl be availabl<; et the ra~ow and dllmtlon Indicated below at no less than 20 psi m&aSlJred at the
near:est fire hydrant 1.. .l:1. ~) teeUom1hebulldlnglpropedy (or as II13lked on the attached'map):
Rate olllow at Peak Demand Duration
a less than SOO gpm (approx. gpm) 0 less than 1 hocJr
o 600 flI899 gpm ./ ~a f hourln 2 hours ./'
li 1000gpmormare""" , 2hOlnormonl......
b "-f\ow test of opm' other
o caIaIlatlon at gpm
(Note: CommerdaI buldlng permits whIclllncludec multifamily strudurea requll8 /low test or calaIla1Ion.)
4. 'tf a.
OR.
a b. Water system Is not capable of providing tire /low.
5.' -vr 8. Water system has certlficates of water right or water right claims 8IJflicIent In provide ceMce.
~ OR .
o b. Water system does not allTenIIy have nOOllSS8ly water lights or water right claims.
CornmentsIconcItIona:})~.j)~ ~LtA/~~ ~,/'
I certify that the 8bcMI WlIfar parteyor InIbmla80n 1Ilnle. 11U oenrtIc:aIfon shall be wid IIr 9"8 year from date ,of lIlgRatunt.
Aoe.::::.eHAVBN UTILITY. DISTRI~CT . LEN CORNWELL
ENGINEERING TECHNICIAN II _____________
TIle
/ 7/'1A
HULo Elevations of Property 1-1 ~ -fl. ft ( &-.f1.l tP )
7-~~
Dale 7/1.1/6-'
The DIstrict, at Its sole discretion, reserves the right fo delay or deny water servlce. baseCl'!Apon
capacity limitations In DIstrI~ and Other Purveyor facilities;
. -....r.blIIly.....
~.pdf
Rev.0$-1H003
WBRAYIlNJIAIIS.~1IfA1'
T8ISAVAJLABJI.D'YaIrJ.UlD1I WJLI;IIMXIPD
BY1BBAmrABL1U,.umUSB~ ___
98
EXHIBIT
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CITY OF ~
Federal Way
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT TO THE
FEDERAL WAY HEARING EXAMINER
North Lake Pointe Preliminary Plat
Federal Way File No. 06-10649S-00-SU
Related File No: 06-106496-SE
PUBLIC HEARING
NOVEMBER 14,2007
10:00 a,m,
FEDERAL WAY CITY HALL
CITY COUNCIL CHAMBERS
33325 81h Avenue South
Table of Contents
I. General Infonnation ..,........ ...... ............. ,.__. '.__'. ....h. ...., ....... ""'''' """ ,..'....... """" ............ .._. ......" '.'. ..,..... ... "".., I
II. Consulted Departments and Agencies '--...h'...h'..__.....'..__..........".'.....h.....,..,..,...,.'..........__'..h......__.................. 2
Ill. State Environmental Policy AcL.h. "'h' __.__..h........,.__... '......., ..., ...., __.,.....,., ,...,.,..'.., ,..__, '. "h, ..'..' '. '......... '.....'.. ... 2
IV. Natural Environment ........." '. ......, h, '.,., ....--.....--.., .,... '........., ,...... ......... """" '.., __, __ __'" ,...... __.. __. ........., 'h__.,. """" 2
V. Neighborhood Characteristics.......... '" .,.'. ,.......--. "'" .... ............. __, .....,.. '" ....... .,..., .... ..........'... ............................. 3
VI. General Design .......................h.. ,., ..,.. hhh, '. __....h __....h..... ".. ,..,.,.' ....' ................ __.."... '........ '" ,... '....... ....,........... 3
VII. Transportation..... ...........,......... .... .h...,.__... '.. ....... ....,... '"'''''''' "'''' """ '..'..'...h..... ....... h.. ............ '"'''' '.,... ..,..........4
VIII. Public Services ..........................., ..,........... __"" ... ____........,........,... h,..... ... '''''h''. ,. __""'''' ..... h" .... ". __h.. ... '.' .......... 5
IX, Utilities ....'.......... .., .,...., ..........".,.......,........... h. .............,.....,.,......, ........".........".... ..,.,'.. ,...".......",.......,............ 6
X. Analysis of Decisional Criteria........... """'" 'h....__ ...... ........... "" .............,.. '..... """'''''''' ""'''' .........h.......... ""'''' 6
XI. Findings of Fact ..................... ........... ............... ..... ............. '. ......... h...... .... ......h ..h.. .....h... ......... .......h............. ...8
XII. Reconunendation .... ........ ..,..... ...h....."....."....,...... ................ ,................ ,.,. '.,..,.,.' ........,'.. "'" """" .......h............. 9
XIII. List of Exhibits ......,....,.........,.................. .... "'" ..'.h........... ..., '........,.. .........h.......... ....... ........... ........ .....h........, II
Report Prepared by:
David Lee, Associate Planner
October I, 2007
108
l'
File No:
06-106495-00-SU (SEPA Related File No: 06-106496-SE)
Engineer:
Andy Rykels, P.E.
Rykels Engineering Group, Inc.
28301 183rd Avenue SE
Kent, W A 98042
Phone: 253-838-6113
Owner:
Russ Millard
24725 230th Way SE
Maple Valley, W A 98038
Action
Requested:
Preliminary plat approval of a 12-lot single-family residential subdivision as provided for
under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," and requiring approval
pursuant to FWCC Section 20-110.
Staff
Representative:
Associate Planner David Lee, 253-835-2622
Staff
Recommendation: Preliminary Plat Approval
I, GENERAL INFORMATION
A. Description of the Proposal - The proposal includes the subdivIsion of 3.7 acres into 12
residential single-family lots. One existing single-family dwelling will be dernolished or
remodeled and another existing single-farnily dwelling will be preserved. Street improvements,
water, s~wer, utilities, storm drainage control improvements, and other related infrastructure
improvements will be installed to service the plat.
The preliminary plat map, revised May 29, 2007, along with a preliminary landscape plan;
preliminary site and utility plan; existing conditions plan and preliminary landscape plan by
Rykels Engineering Group are enclosed (Exhibit I).
B. Location - The subject property is located at 33214 38th Avenue South, Federal Way, WA
(Exhibit 2).
C. Parcel Nos. - 614360-0617, 614360-0614, 614360-0500. Legal description is on the plat map.
D. Size of Property - The subject site has a land area of I 65,445square feet (3.7 acres).
E. Land Use and Zoning -
Direction
Site
North
South
Zoning
RS9.6
RS9.6
RS 9.6
Comprehensive Plan
SF - High Density
SF - High Density
SF - High Density
Existing Land Use
Single Family ResIdential
Single Family Residential
Open Space
Northlake Point Preliminary Plat
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Direction
East
West
Zoning
RS9.6
RS 9.6
Comprehensive Plan
SF - High Density
SF - High Density
Existing Land Use
Single Family Residential
Single Family Residential
F. Background - The preltminary plat of North Lake Pointe was submitted on December 29, 2006
(Exhibit 3). The application was determined complete on January 17,2007.
[I, CONSULTED DEPARTMENTS AND AGENCIES
The following departments, agencies, and individuals were advised of this application.
A. Community Development Review Committee (CDRC), consisting of the Federal Way
Community Development Services Planning and Building Divisions; Public Works Engineering
and Traffic Divisions; Parks, Recreation, and Cultural Resources Department; South King Fire
and Rescue; Lakehaven Utility District; City of Tacoma; and Federal Way Public Schools. CDRC
comments have been incorporated into this report where applicable.
B. All property owners and occupants within 300 feet of the site were mailed notices of the complete
preliminary plat application (Exhibit 4). The site was also posted and notice published in the
newspaper and on the City's official notice boards.
C. 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.
III, STATE ENVIRONMENTAL POLICY ACT
An Environmental Determination of Nonsignificance (DNS) was issued by the City of Federal Way
for the proposed action on August 22, 2007 (Exhibit 5). This determination was based on review of
information in the project file, including the environmental checklist (Exhibit 6), and staff evaluation
of the environmental checklist for the North Lake Pointe Subdivision (Exhibit 7), resulting in the
conclusion that the proposal would not result in probable significant adverse irnpacts on the
environment.
No comments or appeals on the SEP A decision were submitted to the City.
IV, NATURAL ENVIRONMENT
A. Soils - The 1973 King County soils survey map lists the soils type as Alderwood Gravelly Sandy
Loam (AgB). Alderwood soils are characterized as moderately well drained soils that have a
weakly consolidated to strongly consolidated substratum at a depth of 24 - 40 inches. AgB soils
are described as capable for urban development, runoff is slow, and erosion hazard is slight.
Typical soils excavation will occur with the street construction, at the site of the proposed on-site
water quality treatment facility, and for utility installation. The preliminary clearing and grading
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plan depicts clearing limits for construction of the following facilities: street right-of-way, surface
water pond, demolition of existing structures, and utility development-
B. Topography - Rykels Engineering Group, Inc., has prepared a conceptual storm drainage analysis
for the project (December 29, 2006, Exhibit 8). The soils characteristics are described in detail in
the report.
The City of Federal Way Environrnentally Sensitive Areas Map does not reveal this site to be in a
problem area relative to landslide, seismic hazard, erosion, steep slope hazards, or 100-year flood
plain,
C. Vegetation - The site is currently partially wooded with patches of grassy fields, A mixture of
conifer and deciduous trees reside on the property. A tree survey (Exhibit I) was submitted with
the application as part of the required landscape plan.
There are a total of 66 significant trees on the subject property. The applicant has proposed to
rernove 18 of these trees from the interior of the site for infrastructure. Pursuant to FWCC Section
22-1568, no tree replacement is required. City policy and FWCC Section 20-179 state that
existing rnature vegetation shall be retained to the maximum extent possible. Retained significant
trees outside of open space areas would be regulated under FWCC Section 22-1568, "Significant
Trees," at the time of individual home construction.
D, Wetlands - There are no wetlands on-site or within 200 feet of the subject property. No wetlands
or surface waters are known to exist on or around the property, and no wetlands or streams are
identified on the City's environmentally sensitive areas maps.
E. Wildlife and Habitat - No wildlife species recognized as priority species are known to inhabit the
site, or the nearby vicinity.
v. NEIGHBORHOOD CHARACTERISTICS
Vicinity - The property is situated in the southeastern portion of the City, in a single-family
residential area with RS 9.6 zoning encompassing the subject property. The site is currently
developed with two single-family homes and accessory structures. One of the single-family homes
will be demolished or remodeled as part of the development, and the other home preserved, The
surrounding properties are developed with single-family homes. The land to the north and east of the
subject site is developed as the cluster subdivision known as Northlake Ridge (RS9,6); the average lot
size in this cluster subdivision is approximately 5,000 square feet. The property directly south of the
subject site is dedicated open space and a part of the North Lake Shore Lands. The properties to the
west of the subject site is developed single-family properties known as the North Lake Shore Lands.
VI. GENERAL DESIGN
A. Density and Lot Size - Pursuant to FWCC Section 20-153, all lots in conventional subdivisions
shall meet the density and minimum lot size requirements-in this instance, 9,600 square feet per
lot. The proposed 12 lots each meet this minimum size.
Northlake Point Preliminary Plat
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B. Lot Layout - With the exception oflots 4 and 5, all of the proposed lots are of rectangular shape,
Lots 1 and 2 have direct access to South 33200 Place. Lots 3, 4, 5, and 6 have access to 391h Place
South through a shared private access tract dubbed "Tract 8." Lots 7 through 12 all have direct
access to South 333rd Place (which turns into 391h Place South through the middle of the
development). All building setback lines (BSBL) are depicted on the preliminary plat map, and
each lot contains an adequate building area. A 30-foot wide utilities and access easement running
east to west on the northern portion of the subject property in the right-of-way (transecting Lot 6)
currently exists. The applicant will be required to vacate this easement prior to final plat approval.
C. Open Space - To provide adequate recreational opportunities cornmensurate with new residential
development, FWCC Chapter 20, "Subdivisions," requires setting aside land on-site for open
space, or a fee-in-Iieu payment The applicant has proposed the fee-in-lieu option rather than
providing on-site open space. The fee-in-lieu of open space shall be calculated on 15 percent of
the assessed value of the property based on an assessment that is no more than one year old at the
time of final plat submittal. In the absence of an assessment, the market value shall be based on
an appraisal conducted by a MAl certified appraiser or another professional appraiser approved
by the Parks Director. Again, the appraisal shall be no rnore than one year old at the time of final
plat subrnittaL
D. Subdivision Access and Roadway System - Access to the site is via South 33200 Place and 391h
Place South (both streets yet to be developed) off of 38lh A venue South and South 33Jrd Place
respectively; both streets are existing minor collector streets. Section VII of this report provides a
detailed description of the proposed roadway system and improvements.
E. Pedestrian System - A sidewalk will be provided along the length of South 33200 Place and South
3J3rd Place. Specifically, half street improvements include a four-foot wide planter strip, five-foot
wide sidewalk, and three-foot wide utility strip. The Federal Way School District has reviewed
the plans and do not have any comments regarding school access paths or configuration.
F. Landscape Buffers - In accordance with FWCC Chapter 20, "Subdivisions," landscape buffers
are specified only when the plat is adjacent to an incompatible zoning district. The proposed plat
is bordered on all sides by single-family residential zoning; therefore, no perimeter buffers are
required. Street trees, when mature, and screening of the storm drainage tract will contribute to
visual buffering. Street tree requirements are described in Section VII-A of this report,
VII, TRANSPORTATION
A. Street Improvements - With the exception oflots 4 and 5, all of the proposed lots are of
rectangular shape. Lots 1 and 2 have direct access to South J32nd Place. Lots 2,3,4, and 5 have
access to 39lh Place South through a shared private access tract ''Tract 8." Lots 6 through 12 all
have direct access to South 333rd Place (which turns into 391h Place South through the middle of
the development). The City's Traffic Engineer has reviewed the project and concluded that the
proposed street layout of the North Lake Pointe subdivision is consistent with the adopted codes
and comprehensive plan in place at the time of the complete application,
The northerly plat road connection to 38lh A venue South (shown as South 33200 Place on the
plans), shall be constructed as follows: a 20-foot paved roadway with curb and gutter along the
north margin, a four-foot planter strip with street trees, five-foot sidewalk, and a three-foot utility
strip with streetlights, all within a 32-foot right of way.
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The remaining interior plat road (shown as 39th Place South/South 333rd Place on the plans) shall
be constructed to City standard roadway section "U" as follows: a 32-foot paved roadway, with
curb and gutter, four-foot planter strips with street trees, five-foot sidewalks, and three-foot utility
strips with streetlights, all within a 56-foot right of way,
Street frontage improvements along 38th A venue South shall be constructed to a City standard
Type "s" street section, consisting of a 36-foot street with four-foot planter strip with street trees,
five-foot sidewalks, and three-foot utility strip with streetlights, within a 60-foot right-of-way, The
applicant's engineer needs to verify that a 30-foot right-of-way has been dedicated. Assuming a
symmetrical cross section, frontage improvements are required and should be measured from the
street centerline. -
Street lighting is required on all streets, pursuant to FWCC Section 22-1522.
The Public Works Department and South King Fire and Rescue have approved preliminary
roadway design and curve radii as proposed,
B. Off-Site Traffic Mitigation - This proposal has been reviewed under the State Environmental
Policy Act (SEP A). No mitigation for traffic impacts was identified in the SEP A review of the
proposal.
VHI. PUBLIC SERVICES
A. Schools - As part of the City's initial review of the proposal, the preliminary plat application was
referred to the Federal Way School District for comments. Comments from the school district
indicate Lake Dolloff Elementary School, Sequoyah Middle School, and Todd Beamer High
School will serve the proposed subdivision. There is school bus transportation to all three schools.
The proposed walking path from the developrnent will provide safe access to the following bus
stops: bus stop for Lake Dolloff Elementary School is located at 4200 South 3081h Street; the bus
stop for Sequoyah Middle school is located at 34155 South 360th Street; the bus stop for Todd
Beamer High School is located at 35999 16th Avenue South. The school district did not indicate
any required improvements in its comments.
B. The applicant provided on July 30,2007, a School Access Analysis (Exhibit to). The school
access analysis identifies a safe path of travel for students walking. In summary, a safe route of
school-related pedestrian travel will be provided by existing pedestrian pathways, of on average,
five-foot asphalt walking path next to the driving surface. A full detailed analysis of each
pedestrian pathway to the schools is provided for within the School Access Analysis, It should be
noted however, due to the distance created by the location of the new subdivision and the existing
schools; it is highly unlikely that pedestrian travel will occur with any frequency. Final location
and design of the school access path shall be approved by the Federal Way School District and
the Federal Way Public Works Department prior to issuance of construction permits for
infrastructure improvements.
School service areas are reviewed annually and may be adjusted to accommodate enrollment
growth and new development. School impact fees, as authorized by City ordinance and collected
at the time of building permit issuance, are currently $3,169,00 per single-family housing unit.
School impact fees are determined on the basis of the district's Capital Facilities Plan and are
subject to annual adjustment and update.
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Slaff Report to the Federal Way Hearing, Examiner
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C. Parks & Open Space - The applicant has chosen to satisfy the open space requirement of FWCC
Section 20-155 via a fee-in-lieu payment, which is recommended to be approved by the City of
Federal Way Parks Director. The fee-in-Iieu of open space payment shall be calculated on 15
percent of the most recent assessed or appraised value of the property.
On-site parks and open space requirements are discussed in Section VI of this report.
D. Fire Protection - The Certificate of Water Availability from 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. South King Fire and Rescue requires that a fire hydrant be located
within 350 feet of each lot. The exact number and location of fire hydrants will be reviewed and
approved by South King Fire and Rescue.
IX. UTILITIES
A. Sewage Disposal - The applicant proposes to serve the proposed plat by a public sewer system
managed by Lakehaven Utility District. A July 21,2006 signed, Certificate of Sewer Availability
(Exhibit t I) indicates the district's capacity to serve the proposed development through a
Developer Extension Agreement (DEA) between the applicant and the district.
B. Water Supply - The applicant proposes to serve the subdivision with a public water supply and
distribution system managed by the Lakehaven Utility District. A July 21, 2006 signed,
Certificate of Water Availability (Exhibit 12) indicates Lakehaven's capacity to serve the
proposed development. If additional hydrants or other fire protection systems are indicated, a
Developrnent Extension Agreement may be required.
C. Drainage Facilities - Development of the site will create additional runoff from new impervious
surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in
accordance with the /998 King County Surface Water Design Manual (KCSWDM) and the
City's amendments to the manual. The applicant's December 2006, prelirninary Conceptual
Stonn Drainage Analysis (Exhibit 13) by Rykels Engineering Group, Inc., was reviewed by the
City's Public Works Department.
The preliminary design proposes to collect and convey stormwater runoff through a series of
pipes and catch basins into a private stormwater detention and water quality treatment facility
located near the southeast portion of the North Lake Pointe site. The stonnwater detention and
water quality treatment facility will be located in a separate tract that will be dedicated to the City
at final plat. Access to the facility will be vla the existing pond access (Tract H of the plat of
Northlake Ridge) located just east of the proposed North Lake Pointe Pond.
Final review of the stonnwater quality and detention pond will occur in conjunction with the plat
improvement engineering plans,
X, ANALYSIS OF DECISIONAL CRITERIA
The FWCC establishes review procedures and decisional criteria for deciding upon various types of
land use applications. Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-110, preliminary
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plat applications are submitted to the Hearing Examiner for public hearing. The preliminary plat
application and the recommendation of the Hearing Examiner are submitted to the City Council for
approval or disapproval.
Hearing Examiner Preliminary Pial Decisional Criteria - Pursuant to FWCC Section 20-126(c), the
Hearing Examiner may recommend approval of the proposed preliminary plat only if the following
decisional criteria are met Decisional criteria and staff responses are provided below.
1. The project is consistent with the comprehensive plan,
Staff Comment: The application is subject to the adopted 2003 Federal Way Comprehensive Plan
(FWCP), which designates the property as Single Family - High Density. The proposed land use,
Single-Family Residential plat, with 9,600 square foot minimum lot size (RS-9.6), is consistent
with density allowances and policies applicable to this land use as established in the FWCP,
2. The project is consistent with all applicable provisions of the chapter, including those adopted by
reference from the comprehensive plan.
Staff Comment: The preliminary plat application is required to comply with the provisions of the
FWCC Chapter 18, "Environmental Policy"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning";
and all other applicable codes and regulations, Future development of the residential subdivision
will be required to comply with all applicable development codes and regulations. As proposed,
and with conditions as recommended by staff, the preliminary plat will comply with all
provisions of the chapter.
3. The project is consistent with the public health, safety, and welfare.
Staff Comment: The proposed preliminary plat would permit development of the site consistent
with the current Single Family - High Density land use classification of the FWCP and rnap.
Proposed access and fire hydrant locations must meet all requirements of the South King Fire and
Rescue. Future development of the plat in accordance with applicable codes and regulations will
ensure protection of the public health, safety, and welfare.
4. It is consistent with the design criteria listed in Section 20-2.
Staff Comment: The proposed preliminary plat would promote the purposes identified in FWCC
Section 20-2, and the standards and regulations therein, as identified in the staff report, including
effective use of land, promotion of safe and convenient travel on streets, and provision for the
housing needs of the community, As proposed, and with conditions as recommended by City
staff, the preliminary plat application complies with all provisions of the chapter.
5, It is consistent with the development standards listed in Sections 20-151 through 157, and 20-158
through 187.
Staff Comment: Development of this site is required to comply with the provisions of FWCC
Chapter 18, "Environmental Proteclion"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning"; and
all other applicable local and state development codes and regulations. As proposed, and as
reconunended by City staff, the preliminary plat application complies with all applicable statutes,
codes, and regulations.
Northlake Point Preliminary Plat
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XI. FINDINGS OF FACT
Based on an analysis of the proposed action, environmental record, and related decisional criteria, the
Department of Community Development Services finds that:
l. The proposal includes the subdivision of 3.7 acres into 12 residential single-family lots and a
private stormwater detention facility. An existing single-family home (and all associated,
buildings on site) located in the northwest section of the subject property will be demolished and
another existing single-family home located along the western property line will be retained.
2, The preliminary plat application is subject to the 2003 FWCP, and the codes and regulations in
effect at the time the application was deemed complete, which was January 17,2007.
3. The subject property is designated Single Family - High Density in the 2003 FWCP.
4, An Environmental Determination of Non sign ificance (DNS) was issued for this proposed action
on August 22, 2007. No appeals of the SEPA decision were submitted to the City.
5. Zoning for the site is RS-9.6 (minimum lot size 9,600 square feet). Properties to the north, east,
south, and west of the subject property are also zoned RS 9.6. The proposed residential
subdivision and density is consistent with applicable zoning and subdivision regulations.
6. Pursuant to FWCC Section 20-153, on this 3.7-acre parcel, the maxirnum number oflots allowed
is 12. The 12 proposed lots comply with applicable density requirements.
7. As proposed, each lot contains an adequate size and shape building envelope to contain a future
single-family residence. Building setback lines (BSBL) are identified on the preliminary plat
rnap.
8. A significant tree survey was submitted with the application. There are a total of 66 significant
trees on the subject property. The applicant has proposed to remove 18 of these trees from the
interior of the site for the engineering phase of the project. Pursuant to FWCC Section 22-1568,
no tree replacement is required. City policy and FWCC Section 20-179 state that existing mature
vegetation shall be retained to the maximum extent possible. Trees that may be left on individual
lots following the plat infrastructure construction may be, and likely will be, removed during
individual home construction. However, any significant trees removed during individual home
construction will be subject to the preservation and replacement standards of the FWCC.
9. The clearing and grading limits proposed on existing tree removal plan (Exhibit I) will result in
clearing and grading a portion of the site and removal of an existing single-family home in the
northwest quadrant.
10. Development of the site will create additional runoff from 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 amendments to the manual. The applicant's preliminary
Conceptual Storm Drainage Analysis by Rykels Engineering Group Inc. (received December 29,
2006), was reviewed and has been preliminarily accepted by the City's Public Works
Department.
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Water quality treatment is required on site. The proposed stormwater detention options are in
compliance with KCSWDM, as adopted by the City, and are adequate to serve the proposed
development. Final review and approval of the private storm drainage facilities as shown on the
engineering plan will occur in conjunction with full drainage review. The private stormwater
tract shall be dedicated to the homeowners who shall be responsible for its maintenance. The
maintenance agreement for the private storm drainage tract shall be included on the plat and the
language approved by the City. The storm water detention facility shall be accessed via the
private access tract that is part of the plat.
II, The City's Traffic Engineer has reviewed the project and concluded that the proposed street
layout of the North Lake Pointe subdivision is consistent with the adopted codes and
comprehensive plan in place at the time of the complete application. South 333'd Place is
designated as a minor collector.
12, Final location and design of the school access path (if required) shall be approved by the Federal
Way School District and the Federal Way Public Works Department prior to issuance of
construction permits for infrastructure improvements.
13. 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.
14. The applicant has chosen to satisfy the open space requirement of FWCC Section 20-155 via a
fee-in-Iieu payment, which has been recommended for approval by the City of Federal Way
Parks Director. The fee-in-Iieu of open space payment shall be calculated on 15 percent of the
most recent assessed or appraised value of the property at the time of final plat approval.
15. The proposed preliminary plat is permitted by FWCC Chapter 20, "Subdivisions," and Chapter
22, "Zoning."
16. The proposed subdivision and all attachments have been reviewed for compliance with the
FWCP; FWCC Chapter 18, "Environrnental Protection"; Chapter 20, "Subdivisions"; Chapter
22, "Zoning"; and all other applicable codes and regulations. As proposed, and recommended by
staff, the preliminary plat is consistent with the FWCP and all applicable codes and regulations.
17, Prior to final plat approval and recording, all required and approved improvements will be
constructed, or the improvements appropriately bonded, per City code requirements.
XlI. RECOMMENDATION
Based on review of this application, environmental record, and pertinent decisional criteria, the
Department of Community Development Services recommends approval of the preliminary plat
subject to the following conditions:
I, Final plat approval shall require full compliance with drainage provisions set forth in the FWCC.
Compliance may result in reducing the number and/or location oflots as shown on the preliminary
approved plat. Final storm drainage engineering plans shall comply with the following:
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A. Drainage plans and analysis shall comply with the 1998 KCSWDM and amendments adopted
by the City of Federal Way. City of Federal Way approval of the drainage and roadway plans
is required prior to any construction.
B. The combined detention and water quality facility shall be designed to the Level I Flow
Control and basic water quality treatment criteria of the 1998 KCSWDM, as amended by the
City of Federal Way.
Final review of the stormwater quality and detention facility will occur in conjunction with
the plat engineering review.
2. The proposed subdivision shall comply with the current City of Federal Way Public Works
Developrnent standards for this project, including the following requirements:
A. The private access tract shall be improved to the private access tract standard and shall be
limited to serving Lots 2,3,4, and 5, Lots 2,3,4, and 5 shall have undivided ownership of
the tract and be responsible for its maintenance. The maintenance agreement for the private
access tract shall be included on the plat and the language approved by the City,
Improvements shall include a 38-foot width tract and 24-foot pavement width with vertical
curb, gutter, and a five-foot wide sidewalk on both sides of the street.
B. The northerly platroad connection to 38th Avenue South (shown as South 332nd Place on the
plans), shall be constructed as follows: a 20-foot paved roadway with curb and gutter along
the north rnargin, a four-foot planter strip with street trees, five-foot sidewalk, and a three-
foot utility strip with streetlights, all within a 32-foot right of way.
The remaining interior plat road (shown as 39th Place South/South 333rd Place on the plans)
shall be constructed to City standard roadway section HU" as follows: a 32-foot paved
roadway, with curb and gutter, four-foot planter strips with street trees, five-foot sidewalks,
and three-foot utility strip with streetlights, all within a 56-foot right-of-way.
Street frontage improvements along 38th Avenue South shall be constructed to a City standard
Type "S" street section, consisting of a 36-foot street with four-foot planter strip with street
trees, five-foot sidewalks, and three-foot utility strip with streetlights, within a 60-foot right-
of-way. The applicant's engineer needs to verify that a 30-foot right-of-way has been
dedicated. Assuming a symmetrical cross section, frontage improvements are required and
should be measured from the street centerline.
Street lighting is required on all streets, pursuant to FWCC Section 22-1522.
3. Clearing for the construction of the plat improvements (roads, pond, and utilities) shall be
generally consistent with the clearing limits depicted on the Preliminary Road Grading, Storm
Drainage, and Utility Plan, Sheet 4, which was prepared by the applicant for the preliminary plat
process, The clearing limits referenced above are the approximate clearing limits necessary for
road, utility, pond, and necessary lot grading, and may be modified with the approval of the
Community Development and Public Works Departments during final engineering plan review as
required to reflect changes in road and utility designs, if any.
Northlake Point Preliminary Pial
~~~i<~Wwt-~h~
118
File #06-106495-OO-SU / Doc. to, 42589
Psge=t+
4, An existing 30-foot wide utilities and access easement which runs east to west on the northern
portion of the subject property (in the future right-of-way which also transects Lot 6) must be
vacated prior to final plat approval.
Xln. LIST OF EXHIBITS
I, Preliminary Plat of North Lake Pointe revised 5/29/07, Existing Tree Removal Plan 5/29/07,
Preliminary Road Grading and Utility Plan revised 5/29/07, Existing Conditions 5/29/07, all by
Rykels Engineering Group, Inc.
2. Vicinity Map
3. Master Land Use Application
4. Notice of Application
5, SEPA DNS for North Lake Pointe
6. Environmental Checklist for North Lake Pointe
7. Final Staff Evaluation for SEPA Checklist, North Lake Pointe
8. Conceptual Storm Drainage Analysis, received December 29, 2006, Prepared by Rykels
Engineering Group, Inc.
9. March 2003 (revised), School Access Analysis, prepared by Russell D. Millard, Six Pointe
Investments, LLC
10, Lakehaven Utility District Certificate of Sewer Availability, signed July 20, 2006
II. Lakehaven Utility District Certificate of Water Availability, signed July 20, 2006
12. Technical Information Report, prepared by Rykels Engineering Group, Inc., December 29,2006
Note: Copies of exhibits are not enclosed with all copies of this report. All exhibits have
been provided to the Hearing Examiner.
TRANSMrTIED TO THE PARTIES LISTED HEREAFTER:
Federal Way Hearing Examiner
Applicant Agent: Russ Millard
24725 230lh Way SE
Maple Valley, W A 98038
Northlake Point Preliminary Plat
Staff Report to the Federal Way Hearing Examiner
119
File 1I06-106495--OO-5U I Doc, to, 42589
Pag,e II
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COUNCIL MEETING DATE: January 15,2008
ITEM #: 5\\
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2008 Planning Commission and Long Range Planning Work Program
POLICY QUESTION: How should the 2008 Planning Commission Work Program be prioritized?
COMMITTEE: Land Use Transportation Committee (LUTC)
CATEGORY:
181 Consent
D City Council Business
D Ordinance
D Resolution
MEETING DATE: December 17,2007
D
o
Public Hearing
Other
~!~~F.:,~!2~!!lX:.M~~g~~~~~!ar~!.~_~t1.i<?ERI~nt1~r. .., .,..,...~~~!.~.c:?~~~~~~.~evelop~~~~_....._.___
ATTACHMENTS: December 6,2007, Staff Report to the LUTC with Exhibit A . bc":"i.C B - - t.c-.rt.
Clc.com"""~"'..a:.. ~ 24)01 'lo""';"J O'''''...,.&'i.... wo...... r,"",,"o...
OPTIONS CONSlDERED: See December 6,2007, Staff Report to the LUTC
.__...._______......_........_......._._....__...._...m_.__.._..._.___........_ ... .... _ hm........____.....___..............._......._._............
STAFF RECOMMENDATION: Include those items required to be completed by state law (Section F of the 12/6/07
Staff Report) and other amendments that have been started but not yet completed (Section D of the 12/6/07 Staff
Report) in the Planning Commission Work Program, Concur with the LUTC's prioritization of the reminder of
the code amendments.
CITY MANAGER ApPROVAL:
DlRECTOR ApPROVAL:
&If'
Conmlinee Council
~'" B
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNClL ACTION:
o APPROVED
o DENlED
o T ABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REV[SED - 02/06/2006
[:\2008 Planning Commission Work Program\121707 LUTC Meeting\Agenda Bill,doc
124
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
~
CITYOF # ~
Federal Way
EXHIBIT B
2008 PLANNING COMMISSION WORK PROGRAM
A. ITEMS TO BE CARRIED OVER INTO 2008
1. Significant Trees, Vegetation Retention, Clearing and Grading - This involves a review of and
amendment to the current City of Federal Way zoning and subdivision code requirements related
to the preservation of significant trees, vegetation retention, and site grading,
2. South 35(/h Subarea Plan - This is a study to determine whether the Single-Family Residential
(RS) 15.0 designated parcels located south ofSW 356th Street and west of 1st Avenue South
should be considered for higher density.
B. New CODE AMENDMENTS
1. Amendment to increase building height in the City Center-Core (CC-C) and City Center-Frame
(CC-F). These amendments may be expanded to also address increased building height in the
Community Business (BC) and Neighborhood Business (BN) zones depending on the scope of
technical and environmental analysis needed.
2. Amendment related to the 120-foot maximum fayade length requirement of the Community Design
Guidelines. As buildings become taller, there is a need for them to be longer and wider in order to
retain appropriate bulk and scale.
3. Amendment to consider reducing how open space requirements are met in the CC-C and CC-F
zones. The present open space requirement for residential development precludes efficient use of a
site. This has become evident with the recent Symphony development.
4. Amendment to delete the maximum allowable density for senior housing in the BC zone. There is
no maximum density requirement in other commercial zones (CC-C and CC-F) which allow senior
housing. In addition, other development standards such as maximum height, and required parking,
landscaping, and water detention requirements are sufficient to cap density.
5, Amendment to FWCC Chapter 20, "Subdivisions," and Chapter 22, "Zoning," to incorporate Low
Impact Development (LID) techniques. The City has recently received technical assistance from
the Puget Sound Partnership, which will be in the form of reviewing our codes and proposing code
amendments to implement LID techniques.
Land Useffransportation Committee (LUTC) Staff Report
Exhibit B, 2008 Planning Commission and Long Range Planning Work Program
Meeting Date: December 17,2007
Page 1 of2
125
6. Amendment to allow home occupation day cares in an existing nonconforming residential
dwelling in commercial zones. This amendment is required to comply with state law. Also, re-
examine the home occupation provisions for clarity and applicability in more unique situations,
such as Adult Family Homes.
7. Amendment to allow the Director of Community Development Services the flexibility to
determine the allowable hours of construction on a case-by-case basis. Presently, work is not
allowed under any circumstance from 8 p.m. to 9 a.m. on Sundays and holidays. There is
sometimes a reason to grant permission to work at these times; for example, the Department of
Transportation may need to engage in construction around the clock.
8. Amendment to adopt regulations allowing storage containers in non-residential and/or residential
zones. The code is silent on allowing this use and there has been inquires about the use of
containers, more commonly on commercial property and to a lesser extent on residential property.
9. Amendment related to allowing churches in all zones. Currently, churches are allowed in all
residential zones and the BC, CC-C, and CC-F zones, but not in the BN, Professional Office (PO),
Commercial Enterprise (CE), or Office Park (OP) zones.
10. Amendment to FWCC Chapter 22, Article XVIII, "Signs," to allow off site signs, such as banners,
in order to better publicize major events in our city, such as the Federal Way Symphony concerts;
Festival Days events; Red, White and Blue Festival; Centerstage plays; Han Woo Ri; etc,
1:\2008 Planning Commission Work Program\City Council\Exhibit B LUTe Recommendation.doc
Land Use/Transportation Committee (LUTC) Staff Report
Exhibit B, 2008 Planning Commission and Long Range Planning Work Program
Meeting Date: December 17, 2007
Page 2 of2
126
~
CITYOF ~
Federal Way
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
To:
December 6,2007
Land Use/Transportation Committee (LUTC)
Cary Roe, Assistant City Manager M1Il..
Greg Fewins, Interim Director of Community Development Services
Margaret H. Clark, AICP, Senior Planner ~
VIA:
FROM:
SUBJECf:
2008 Planning Commission and Long Range Planning Work Program
MEETING DATE: December 17,2007
A. POLICY QUESTION
How should the 2008 Planning Commission Work Program be prioritized?
B. BACKGROUND
At the beginning of each calendar year, the Planning Commission's Work Program for that year is
approved by the City Council. The purpose of this memorandum is to assist the LUTC and City
Council in approving a work program. An update was presented to the Planning Commission on
October 17,2007, and they recommended for inclusion in the 2008 Work Program an amendment to
Federal Way City Code (FWCC) Chapter 18, "Environmental Protection," in order to address carbon
emissions associated with development.
This memorandum includes the following information:
1. 2007 Planning Commission Work Program - Items Completed in 2007 (Section C of this staffreport).
2. 2007 Planning Commission Work Program - Items to be carried over into 2008. Work items
started in 2007, but not yet completed (Section D of this staff report).
3. Other Long Range Planning Responsibilities. We have included other long-range planning projects
that are not part of the Planning Commission Work Program but are required to be done on an
annual basis by King County or the State of Washington (Section E of this staff report).
127
4. 2008 Comprehensive Plan Amendments - This is a list of citizen-initiated comprehensive plan
amendment requests that will be presented to the LUTC on February 4, 2008, for a recommendation
to the City Council on which ones should be selected for further study (Section F of this staff report).
5. Recommended Prioritization of Code Amendments for 2008 - This is a list of potential code
amendments to be included as part of the 2008 Planning Commission Work Program. Since there
are more amendments on the list than can be completed by staff during 2008, we have organized
them by High, Medium, and Low Priority in an attempt to assist you in prioritizing them (Section
G of this staff report). A staff recommendation is presented in Section I of this staff report.
6, Other Long Range Work (Addendum and Supplement to the Planned Action SEPA) is described
in Section H of this staff report.
7. Exhibit A - This is a list of potential code amendments that staff has been adding to over the years
but have been unable to work on due to them not being a high enough priority or based on staff
workload.
C. 2007 PLANNING COMMISSION WORK PROGRAM - ITEMS COMPLETED IN 2007
The following is a list of items completed in 2007.
1. Flag Lots - Amended the zoning code to clarify how flag lots should be regulated.
2, 2006 Comprehensive Plan Amendments - Seven site-specific requests were approved, In addition,
various chapters of the comprehensive plan were amended to address the BPIBC code
arnendments (see below). The BPIBC comprehensive map amendment also altered the boundaries
of the Community Business (BC) and former Business Park (BP) zone and created a new
Commercial Enterprise (CE) zone.
3. RPlRC Code Amendments - The City adopted a new Commercial Enterprise (CE) zoning district,
which is based on the BP designation with expanded uses.
4. Height Increase - Allowed increased building heights for certain uses in the BC zone.
5, Housing - Allowed single-family units (small lot detached development) and zero-lot line
townhouse development in multifamily zones.
6. Increased Short Plat and SEPA Thresholds - Amended FWCC Chapter 20, "Subdivisions," to
increase the maximum number of lots in a short plat from four to nine lots. Amended FWCC
Chapter 18, "Environmental Protection," to increase the SEP A residential categorical exemption
threshold from four to nine lots and from four to nine residential units.
7. 2005-2007 Shoreline Master Program Update - The City updated the Shoreline Master Program
(SMP). The SMP provides policy guidance and land use regulations for shoreline areas and
adjacent upland areas within 200 feet of the shoreline within the City. I
I Staff completed the Master Program Update, It has been submitted to the Department of Ecology for their review and approvaL
Land Use/Transportation Committee (LUTC) Staff Report
2008 Planning Commission and Long Range Planning Work Program
128
Meeting Date: December 17, 2007
Page 2
8. Shoreline String/ine Setback - Amended FWCC Chapter 18, Article III, to add flexibility in
measuring the shoreline stringline setback. This is being addressed as part of the SMP update. 1
D. 2007 PLANNING COMMISSION WORK PROGRAM -ITEMS TO BE CARRIED OVER INTO 2008
The following two amendments are part of the 2007 Planning Commission Work Program that were
started in 2007, but are not yet completed. Work on these amendments will continue in 2008:
1, Significant Trees, Vegetation Retention, Clearing and Grading - This involves a review of and
amendment to the current City of Federal Way zoning and subdivision code requirements related
to the preservation of significant trees, vegetation retention, and site grading, Staff has conducted
two study sessions with the Planning Commission to date. The next step is to invite developers,
representatives from the Master Builders Association, Friends of the Hylebos, Puget Sound
Energy, Bonneville Power Administration, and interested citizens to a Planning Commission Study
Session. This study session is scheduled for January 16,2008.
2, South 356/h Subarea Plan - This is a study to determine whether the Single-Family Residential
(RS) 15.0 designated parcels located south of S W 356th Street and west of 1 st A venue South
should be considered for higher density. Potential impacts on drainage and traffic associated with
increased density are being evaluated. The next step is to brief the LUTC on these findings, This
briefing is scheduled for February 4, 2008.
E. OTHER LONG RANGE PLANNING RESPONSIBILITIES
The following table shows reporting or monitoring work required by King County or the State of
Washington to be done on an annual basis. This is not part of the Planning Commission Work Program,
Description Status Required by State Law
ANNUAL REpORTS
Office of Financial This is an annual report provided to the RCW 43.62.030 requires OFM to
Management Yearly State Office of Financial Management annually determine the population of all
Population Estimate Report (OFM). cities and towns of the State of
Washington as of April 1st.
King County Benchmark This is an annual data request made of RCW 36.70A.130 required Countywide
and Annual Growth all cities by King County to fulfill Planning Policies (CWPP's) to be
Information Report requirements of the Growth adopted by King County by July I,
Management Act (GMA). 1992. The CPP's set up the Benchmark
Program to assess progress in meeting
the CPP's.
Track and Inventory Under the Buildable Lands Program, six RCW 36.70A.215 requires evaluation
Buildable Lands counties, including King County, must of data collected under the Buildable
annually collect data on land capacity Lands Program.
and development activity from their
cities and unincorporated areas,
Land Userrransportation Committee (LUTC) Staff Report
2008 Planning Commission and Long Range Planning Work Prograr29
Meeting Date: December 17, 2007
Page 3
F. 2008 COMPREHENSIVE PLAN AMENDMENTS
The City accepts applications on a yearly basis for amendments to the Federal Way Comprehensive
Plan (FWCP) text and map. Pursuant to FWCC Section 22-523, after the September 30th deadline for
accepting applications, the City Council shall hold a public hearing and select those amendment
requests it wishes to move to the Planning Commission for further consideration. It is the City's
practice that all City business be presented to a Council committee, in this case the Land Use/
Transportation Committee (LUTC), before Council deliberation.
The following is a list of citizen-initiated comprehensive plan amendment requests that will be
presented to the LUTC on February 4,2008, for a recommendation to the City Council on which ones
should be selected for further study:
L Request from Mr. Un-Ha Shin to change the comprehensive plan designation and zoning of two
parcels totaling 5.01 acres located east of Pacific Highway South at approximately the 27700 block
and directly east of the Silver Shadow apartment complex, from Single Family High Density and
RS 7.2 (one unit per 7,200 square feet) to Multi-Family and Multifamily Residential (RM 2400-
one unit per 2,400 square feet).
2. Request from Federal Way Village LLC (developer of the Federal Way Village project at Kitts
Corner) to change the comprehensive plan designation and zoning of L53 acres located at 33901
Pacific Highway South, from Multi-Family and Multifamily Residential (RM 2400 - one unit per
2,400 square feet) to Community Business and BC zoning.
3. Request from Ms. Trinh Nguyen to change the comprehensive plan designation and zoning of two
lots totaling 0.3 acres located at the southwest corner of the intersection of South 288th Street and
18th Avenue South, from Multi-Family and Multifamily Residential (RM 3600 - one unit per
3,600 square feet) to Community Business and BC zoning.
4. Request from Mr. Peter J. Koszarek to change the comprehensive plan designation and zoning of the
northern portion of a 19,86 acre-parcel located south and west of 21 st Avenue SW and directly south
of the Lakota Palisades I and Lakota Ridge subdivisions, from Single-Family Medium Density and
RS 15.0 (one unit per 15,000 square feet) to Neighborhood Business and BN zoning.
5. Request from Mr. Robert Velasco to change the comprehensive plan designation and zoning of
0.75 acres located at the northwestern corner of Hoyt Road SW and SW 340th Street from Single-
Family High Density Residential and RS 9.6 (one unit per 9,600 square feet) to Neighborhood
Business and BN zoning,
G. RECOMMENDED PRIORITlZA TlON OF CODE AMENDMENTS FOR 2008
The following is a list of potential code amendments to be included as part of the 2008 Planning
Commission Work Program. Since there are more amendments on the list than can be completed by
staff during 2008, we have organized them by High, Medium, and Low Priority, in an attempt to assist
you in prioritizing them.
Land Useffransportation Committee (LUTC) Staff Report
2008 Planning Commission and Long Range Planning Work prografJ 0
Meeting Date: December t 7,2007
Page 4
High Priority
1. Amendment to increase the maximum allowable height in the City Center-Core (CC-C) and City
Center -Frame (CC-F).
2. Amendment related to the 120-foot maximum fayade length requirement of the Community Design
Guidelines.
3. Amendment to consider reducing how open space requirements are met in the CC-C and CC-F
zones.
4. Amendment to delete the maximum allowable density for senior housing in the Community
Business (BC) zone. This is a citizen-initiated request; however, it is one that would have been
initiated by staff in the absence of being initiated by a citizen.
5. Amendment to FWCC Chapter 20, "Subdivisions," and Chapter 22, "Zoning," to incorporate Low
Impact Development (LID) Techniques. Whether this remains a high priority depends upon
obtaining technical assistance from the Puget Sound Partnership, A determination as to whether
the City is successful in obtaining this assistance should be received by the end of 2007,
6. Amendment to allow home occupation day cares in an existing residential dwelling in commercial
zones. This amendment is required to comply with state law.
7, Amendment to allow the Director of Community Development Services the flexibility to determine
the allowable hours of construction on a case-by-case basis.
8. Amendment to adopt regulations allowing storage containers in non-residential and/or residential
zones.
Medium Priority
1. Amendment to FWCC Chapter 18, "Environmental Protection," to address carbon emissions.
2. Amendment related to development standards for adult family homes.
3. Amendment related to revising the Community Design Guidelines. It has been II years since the
Community Design Guidelines were first adopted and it may be time to revisit them.
4. Amendment related to maximum lot coverage for single-family development.
5. Amendment to regulate the size of secondary/accessory buildings and to clarify how the size of an
accessory dwelling unit (ADU) is calculated.
6, Amendment to adopt an approval process and criteria to locate heliports,
7, Amendment related to allowing churches in all zones. Currently, churches are allowed in all
residential zones and the Community Business (BC), City Center-Core (CC-C) and City Center-
Frame (CC-F) zones, but not in the Professional Office (PO), Neighborhood Business (BN),
Commercial Enterprise (CE), or Office Park (OP) zones.
8. Amendment to allow increased building heights for certain uses in the Neighborhood Business
(BN) zone and require buildings to be located adjacent to rights-of-way.
9. Amendment to allow increased building heights in the Community Business (BC) zone.
Low Priority
1. Amendment to FWCC Chapter 20, "Subdivisions," to simplify the submittal requirements for plats.
2. Amendment to FWCC Chapter 22, "Zoning," to require design standards and development
requirements for essential public facilities. This is an omission in the current code.
3. Amendment to FWCC Chapter 22, Article XVIII, "Signs," to allow off site signs for special events.
4. Amendment to FWCC Chapter 22, "Zoning," to require applicants to hold traffic-related
neighborhood meetings, when necessary, related to mitigation of traffic impacts.
5. Amendment to FWCC Section 22-952 pertaining to "Junk and Junk Yards" in order to clarify
what constitutes junk, particularly on developed lots.
Land Use/Transportation Committee (LUTC) Staff Report
2008 Planning Conunission and Long Range Planning Work Prograps 1
Meeting Date: December 17,2007
Page 5
6. Amendment to make FWCC Chapter 22, Article IV, "Nonconformance," and Article XVI,
"Improvements," consistent pertaining to who is authorized to conduct an appraisal of property.
7, Amendment related to revising the process for permitting cell towers and wireless facilities and
their development standards. It has been 10 years since the regulations were first adopted and it
may be time to revisit them.
H. OTHER LONG RANGE WORK
Recent proposals for residential development in the Planned Action EIS area have exceeded
assumptions. In addition, the City is anticipating even more residential development in that area based
on recent inquiries. Therefore, in the short term an addendum to the Planned Action EIS will be
prepared and in the longer term, a Supplemental EIS may have to be prepared. Neither document is
required to be presented to the Planning Commission, LUTC, or City CounciL Staff may also be
involved in the preparation of a strategic plan to address how we will use the money from the Lift
Legislation. The City will receive up to $30 million over 20 years. This money can be used to construct
grid streets, parks, and structured parking in the downtown. It is unclear at this time whether the
Planning Commission will be involved.
I. STAFF RECOMMENDATION
Staff recommends that the code amendments to be included in the 2008 Planning Commission Work
Program be those listed under "High Priority" in Section G of this staff report. As in the past, it is the
staffs intention to complete the adopted work program by the end of the calendar year; however, some
items may have to be carried over to the 2009 Work Program if we are unable to complete them in 2008.
J. COMMITTEE OPTIONS
The LUTC and/or City Council may add additional items to the 2008 Planning Commission Work
Program, or may modify the priority order recommended by staff. Staff can work with the LUTC to re-
prioritize the list at the December 17th LUTC meeting, or come back to your next meeting with a
prioritized list.
K. COMMITTEE RECOMMENDATION
Forward the LUTC recommendation to the
, 2008, City Council Consent Agenda.
1:\2008 Planning Commission Work Program\ 121707 LUTC Meeting\LUTC Staff Report,doc/12/12/2007 2: 59 PM
Land Useffransportation Committee (LUTC) Staff Report
2008 Planning Commission and Long Range Planning Work Pro~ 2
Meeting Date: December 17,2007
Page 6
EXHIBIT A
LIST OF CODE AMENDMENTS
CHAPTER 18 -- ENVIRONMENTAL PROTECTION
Page
18-8
Sectiooffitle
Explanation of ProblemlRational for Change
Amend the SEP A appeal process from Process IV to Process Ill. Process
IV doesn't work well for an appeal (e.g. decisional criteria doesn't work;
traditional 1724 processing is awkward). Also, clarify the process for
different types ofSEPA appeals,
18-51(a) & (b)
CHAPTER 20 - SUBDIVISIONS
Page Sectiooffitle Explanation of ProblemlRational for Change
NA Subdivisions in general Add provisions for plat corrections. These provisions would be for fixing
minor typographical/scrivners errors on recorded plats. We have had
several recent requests and needs for these types of plat fixes. See
document in Silverwood folder 0 1-1031 04-00-SU. King County has plat
correction code provisions I have used as a guideline, see KCC 19A.08.120.
20 Preliminary plat Add criteria to define a major and a minor change to the preliminary plat.
CHAPTER 22 -- ZONING
Page Section/Title Explanation of ProblemlRational for Change
Codify process and development standards for uses such as a mobile taco
stand or outdoor accessory use that is in place just during working hours.
Consider amending Environmentally Sensitive Area (ESA) provisions to
eliminate setback requirements for critical areas when separated by an
existing road or other physical barrier of a certain width or type.
22-21 22-33 Development application submittal requirements... (b) Contents... (8)
Eight complete and bound sets of drawings...
This section requests elevations, but does not request floor plans. We need
to add "floor plans" to the list of required items because it is impossible to
understand elevations without the corresponding floor plans.
For site plans, we need "existing site plan" and "proposed site plan" in
order to determine what is being changed. We also need "existing" and
"proposed" for building elevations and floor plans.
22-42 22-351 Add provisions for an expiration period for Process I Director's Approval.
Land Useffransportation Committee (LUTC) Staff Report
Exhibit A - List of Code Amendments
2008 Planning Commission and Long Range Work Program
Page I
133
CHAPTER 22 -- ZONING
Page SectionITitle Explanation of ProblemlRational for Change
22-44.1 22-365 Process II Process II approval criteria list only some things from the design guidelines.
approval criteria For example, it lists 1634, but not 1635. I think it should simply say, "(c)
Community design guideline decisional criteria" and stop there. Here is the
excerpt:
22-45 Process II Add provisions for an expiration period for Process II Site Plan Review.
22-65 22-488(c)(I)(b) These two principal criteria are too limiting for making a rezone decision.
Add additional criteria-call Municipal Research to get other rezone
criteria examples.
22-75 22-552 This code section allows for a 60 day temp use permit, with the possibility
for an additional 60 days for a total of 120 days. However, Chapter 9 states
that temporary business registrations are only issued for a maximum of 90
days without the possibility of an extension. These two duration periods
should be coordinated one way or the other.
Various Various Modify temporary use, outdoor activity exemptions for certain temporary
uses, and temporary business registration provisions for consistency. Need
to allow a broader range of temporary sales particularly by zone (e.g.
pedestrian type sales in the city center; non-profit sales; school activities
such as food sales at football games).
22-85, 22-601, Various The current development regulations governing church uses are unable to
Various accommodate the modern day church facility/campus. Modern churches
now have large secondary schools, daycares, youth services, and large
office buildings on site. The current development regulations do not
contemplate the mixed use nature ofthe modern church campus in terms of
setbacks, heights, use process, etc.
22-249 22-967(5), PWSF 22-967(5), Standards for electronics equipment enclosures, lists the
following as priority #3: "Equipment enclosures shall be placed above
ground in an enclosed cabinet that shall not exceed six feet in height and
occupy more than 48 square feet of floor area, including areas for
maintenance or future expansion." This is becoming a problem because
many proposals are calling for cabinets up to 7"6". One proponent has said
that the manufacturer does not make that type of cabinet shorter, so they are
proposing to build shed enclosures instead. However, a shed is more bulky
and intrusive than a cabinet. Also, some of these sites are already developed
with multiple carrier cabinets in a fenced enclosure, in which case building
a shed for one carrier does not make sense. Proposed solution: Change the
code to state, "shall not exceed eight feet."
22-259 22-1093 Consider adding new Land Surface Modification (LSM) exemption criteria
(it would be #14) that would state that those noxious weeds, as identified on
the Washington State Noxious Weed List, which are designated (which
means the state requires their removal) are permitted to be removed
outright. Those noxious weeds that are identified by the state but not
designated for removal can be permitted to be removed with director's
approval looking at scope and scale of removal, and potential need for
remediation of disturbed area.
Land Useffransportation Committee (LUTC) Staff Report
Exhibit A - List of Code Amendments
2008 Planning Commission and Long Range Work Program
Page 2
134
CHAPTER 22 -- ZONING
Page Sectionffitle Explanation of ProblemlRational for Change
22-269 22-1248, Critical areas Homeowners who wish to add small additions or decks to their houses often
exemptions face a major obstacle if the existing house was built in part of a critical area,
such as a steep slope or stream buffer. The only provision of the code for
allowing them to build an addition is a costly and time-consuming Process
IV with the hearing examiner. Other cities have critical area exemptions for
minor improvements in order to avoid situations like this. These
exemptions could also apply to commercial and mixed-use projects.
22-296 22-1564(i) Code gives measurements for "small shrubs," "medium shrubs," and "large
shrubs" but nowhere in the code is landscaping described as either "small"
or "medium" - only "large." Perhaps we could simply say, "Shrubs in
Type I, II and III landscaping shall be a minimum of 24 inches in height,
shrubs in Type IV landscaping shall be a minimum of 12 inches in height."
22-299 22-1564 Need to clarify which requirement supersedes when there is a conflict
between setbacks/required yards and landscaping requirements.
22-299 22-1566(c) Need to clarify landscaping requirements for single family uses in the
Multifamily Residential (RM) zone.
22-1568( c)( I )(g) and One section requires a 12-foot replacement tree and the other requires a 10-
(c )(5)(b) foot replacement tree. Is there a good reason for the different standards?
22-325 22-1634 and 22-1635 The design guidelines could use some revision and clarity overall. One
thing that might help would be to combine the site design section with the
building design section, because some things listed under "site design"
apply to building design. For example: 22-1634(4), "Project designers shall
strive for overall design continuity by using similar elements throughout the
project such as architectural style and features, materials, colors, and
textures." This is something that could apply, even if there is just one
building on the site.
22-328 22-1635 Add a standard for screening exposed rooftop mechanical units with both
new construction and remodels. This will provide a basis to require that
pre-existing, ugly rooftop units are screened as part of major facelifts (as
"reasonably related" to the remodeling).
ESA section Delete reasonable use criteria from various Environmentally Sensitive Area
modification sections. Consider using the SEPA approach as criteria that
uses a priority order of avoidance, minimizing impacts, mitigation, etc.
Various Principally 22- Separate single-family parking and driveway regulations into separate
1 135(l)(a); and subsections; preclude driveways and parking from required side yards with
1134,1403, 1453, and modification provisions and decisional criteria (e.g. constraints, access to
1424 principal parking areal structure, use rights and privileges like others).
Various Chapter 22, Article Create administrative review processes for rehabilitation activities within
XIV, ESA all ESA' s buffer areas. Refer to stream and wetland rehabilitation
provisions as examples.
Unknown Create new provisions to allow a second kitchen area in single-family
homes under certain conditions without triggering Accessory Dwelling Unit
(ADU) provisions.
Land Useffransportation Committee (LUTC) Staff Report
Exhibit A - List of Code Amendments
2008 Planning Commission and Long Range Work Program
Page 3
135
CHAPTER 22 -- ZONING
Page Sectionffitle Explanation of ProblemIRational for Change
22-244 Chapter 22, Article XIII Section 22-955(b) (3) requires counting 12 the area of grass grid pavers as
impervious surface for determining lot coverage. Ann Dower, PWDS
Division, says the SWM manual allows all areas of grass grid to be counted
as pervious area for stormwater. These two regulations conflict and Ann
says the grass grid pavers are becoming more commonly used. Need to
coordinate the two standards.
22-334 22-1641 Revise both the front entryway standard and standard that a garage may not
exceed more than 40 percent of the front facade for single family houses in
cluster subdivisions to a performance based standard.
22-63 22-48 I (a)(8) The code requires the same format and content for the hearing notice as the
Notice of Action. In either case, the requirement in 22-48 I (a) (8) is wrong,
as you can't appeal the hearing examiner decision, (as the examiner does
not make a decision). The code should be revised to say something to the
effect.... "Only those that provide comments to the Hearing Examiner at
the public hearing may appeal the Council's final decision on the matter."
1:\2008 Planning Commission Work Program\ I 2 I 707 LUTC Meeting\Exhibit A -- Proposed Zoning & Subdivision code
Amendments.doc
Land Useffransportation Committee (LUTC) Staff Report
Exhibit A - List of Code Amendments
2008 Planning Commission and Long Range Work Program
Page 4
136
COUNCIL MEETING DATE: January 15, 2008
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CULTURAL ARTS CONTRACTS FOR SERVICES PROGRAM
POLICY QUESTION: Should the Council authorize fundingfor the 2008 Cultural Arts Contracts for Services
Program?
COMMITTEE: PRHSPSC
MEETING DATE: January 8, 2008
CATEGORY:
[8J Consent
o City Council Business
o Ordinance
o Resolution
o
o
Public Hearing
Other
~!-A!:_~,~_~Q~!_H~:J~1~!y_!,:,~~~!:,_~~~~~~i_?~_,l!~d C~!!!:!!.~L~~~~_~~~l?!:_".,,___,,____,_..__,___,E~~~: PR~~,_________,___..____..___
The Cultural Arts Contract for Services Program is a program of the Arts Commission that funds local
arts agencies who offer cultural programs within the community. The City serves as a partner rather
than a producer of arts programming which allows the City to provide cultural services for residents for
a lower cost. Local arts agencies completed an application; the Commission reviewed the applications,
interviewed each agency and developed funding recommendations.
Available funding is $38,200 approved in the 2008 Arts Commission budget. Attached is the proposed
funding recommendation for Council review.
".----.---.-......-.--.--..-.--...------.--.-~.....-......_..__._..._._..........._..__._.............m._.__.._.~..._....-.-___..___.._.....................m.................................._............n..........._.......................,......._......._..............__........_..__._.._._......__......__...............__..........___..._.____.......
STAFF RECOMMENDATION: Staffrecornmends Council approve the recommended funding for the 2008 Cultural
Arts Contracts for Services Program.
CITY MANAGER ApPROVAL:
~
to Committee
cgj
DIRECTOR ApPROVAL:
JbZ
to Committee
To COWlCiI
COMMITTEE RECOMMENDATION: Forward t
..,
OPOSED COUNCIL MOTION: HI mov approval to approve the proposed funding for the Arts Commission
2008 Contract for Services program and forward to City Council for authorization. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02106/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
137
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COUNCIL MEETING DATE: 1/15/2008
ITEM #:
s\
..~._~...~.-.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: MASS NOTIFICATION SYSTEM, CODERED
POLICY QUESTION: SHOULD THE CITY OF FEDERAL WAY PURCHASE A MASS NOTIFICATION SYSTEM, CODE
RED.
COMMITTEE: P ARKS, RECREATION AND PUBLIC SAFETY
CATEGORY:
X Consent
MEETING DATE: 1/812008
Ordinance
D
Public Hearing
Other
DEPT: Public Works
D City Council Business
D Resolution
STAFF REpORT By: RAYGROSS
Attachments: 1) Memo
2) CodeRed Service Contract
Options: 1) Approve purchase of mass notification system, CodeRed.
2) Disapprove purchase of mass notification system, CodeRed, and provide direction to staff.
STAFF RECOMMENDATION: A
CITY MANAGER ApPROVAL:
OPOSED COUNCIL MOTION:
DIRECTOR ApPROVAL:
~
Committee '
~,
Council
COMMITTEE RECOMMENDATION:
'-
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
139
... CITY OF
~ Federat Way
DATE:
December 24,2007
TO:
Parks, Recreation and Public Safety Committee
Cary M. Roe, Assistant City Manager I Emergency Manager~
VIA:
FROM:
Ray Gross, Emergency Management Coordinator
City of Federal Way
RE:
Mass Notification System, CodeRed
The Greater Federal Way Emergency Management Program conducted a product demonstration of several
mass notification providers, The mass notification systems would be used to inform the Greater Federal
Way community in times of emergency or disaster in a very rapid time frame. The systems also could be
used in a day to day application, After having demonstrations from Reverse 911, Connect-CTY, and
CodeRed, the representatives from the City of Federal Way, Federal Way Public Schools, Lakehaven
Utility District, and South King Fire & Rescue decided that CodeRed best fits the needs of the Greater
Federal Way community.
CodeRed, in an annual contract would provide 150,000 minutes for notification use, and this system
requires no capital investment on the City's part. CodeRed, will provide training and 500 free minutes for
system testing and training. Also CodeRed, will provide system and database accuracy updates on an
annual basis. This one year CodeRed service contract cost $37,500 for 150,000 minutes. Additional blocks
of 15,000 minutes can be purchased to replenish the minute bank at the cost of .25 per minute, a cost of
$3,750.
Funding for this system will come from pooled money from the Greater Federal Way Emergency
Management Program member agencies. The $37,500 cost of the system will be shared by the four
member agencies, so each agencys' share will by $9,375. The City of Federal Way will purchase the
system and be reimbursed by the three other member agencies. System access will be given to Federal
Way Emergency Management, Federal Way Police Department, Federal Way Public Schools, Lakehaven
Utility District, and Southking Fire & Rescue.
0../ ~.
'~oss
Emergency Management Coordinator
140
CODERED SERVICES AGREEMENT
This Services Agreement ("Agreement") is made and effective as of the last date written below by
and between Emergency Communications Network, Inc, a Florida Corporation ("Licensor")
located at 9 Sunshine Boulevard, Ormond Beach, FL 32174 and the City of Federal Way, a body
politic and corporate of the State of Washinqton ("Licensee") located at 33325 8th Avenue
South. Federal Way. WA 98063.
Licensor is the owner of a service identified as "CodeRED@ Emergency Notification System" (The
"Service"), which allows users to place prerecorded telephone calls at high speed to call
recipients, Licensee desires to utilize the "Service" for the purpose of communicating matters of
public interest and concern,
In consideration of the promises set forth, the parties agree as follows
1, License: Licensor grants licensee a non-exclusive and non-transferable license to use the
"Service" (hereinafter referred to as "The License") for Licensee's own purposes in accordance
with the terms outlined in this Agreement. Licensee understands and agrees that they are fully
responsible for the use of such services by anyone whom licensee authorizes or permits to use
the .Service", and anyone who accesses the .Service" by utilizing Licensee's Confidential access
codes,
a. The licensee may not modify the "Service", disable any license or control features of the
.Service." Licensee may not (i) assign, license, sublicense, rent, sell, transfer the "Service", this
Agreement, or any portion thereof or (ii) utilize the "Service" except as expressly permitted in
the Agreement between licensee and licensor. The License will include pass codes for up to
five (5' authorized "Service" users. Additional users pass codes may be obtained at an
additional annual fee as outlined in Exhibit A,
2. Ownership: The "Service" is owned and copyrighted by Licensor. The licensee's license
confers no title or ownership in the "Service" whatsoever.
3, Copyright: United States copyright laws and international treaty provisions protect the
.Service", Except for the limited license provided, Licensor reserves all rights in and to the
"Service" and all underlying data, compilations, and information maintained by Licensor relating to
the .Service", including but not limited to, the source or object code
4. Functionality: The "Service" provides the ability for the Licensee to access pre-defined
geographically selected calling areas or listed databases via an Internet-based software
application, The "Service" also has the ability to select calling databases via a geographic
mapping component. The Service will also utilize an interactive voice response telephone service
used to record messages and initiate call out projects, The .Service" is designed to be active 24
hours per day 365 days per year.
5, Costs for The "Service": During the term of this Agreement Licensee agrees to pay all costs for
utilizing the "Service" as described in Exhibit A - Service Charges; attached to and made a part of
this Agreement. Licensee will purchase prepaid .Service" (Prepaid System Minutes), Whenever
Licensee utilizes the "Service" the actual calling minutes used by Licensor while utilizing the
.Service" will be deducted from the balance of Prepaid System Minutes remaining in Licensee's
Prepaid Minutes account. Licensee is responsible to rnaintain a sufficient balance of Prepaid
System Minutes on account. Payrnent for the "Service" is due and payable upon receipt of invoice
(ROl). Finance charges at a rate of 1% per month (12% per annum) will be charged on all
balances outstanding beyond 60 days. If a law which applies to this finance charge is interpreted
so that the interest or other finance charges collected or to be collected in connection with this
Agreement exceed the permitted limits, then (i) any such loan charge shall be reduced by the
amount necessary to reduce the charge to the permitted limit, and (ii) any sums already collected
from Licensee which exceed permitted limits will be refunded to Licensee. All payments due
Emergency Communications Network. lnc
CodeREO@ Services Agreement
Page 1 of 6
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Licensee
141
under this Agreement shall be paid to: Emergency Comrnunications Network, Inc at 9 Sunshine
Blvd., Ormond Beach, Fl32174
6, Free Minute Blocks: licensee is allotted free time on the system for the purpose of testing and
training, The following must be met in order for licensee to utilize the free minute bank specified
in Exhibit A:
a, Minutes will be deducted from Licensee's minute bank at the time of using the "Service",
b, Licensee must notify Licensor in writing within 60 days of the use of the "Service" specifying
qualified project(s) to obtain eligible free rninutes and restoration of the deducted minutes into
licensee's minute bank, If licensee fails to notify licensor within 60 days of the use of the
.Service", the minutes used will not be eligible for consideration as free minutes and will remain
as a deduction from licensee's minute bank as described above in paragraph 5.
c. Any unused minutes remaining in these blocks are not transferable.
d. licensor will have the final right to deem all free calling minutes eligible or ineligible,
7, Term of Service Agreement: The license will extend for a period of one (1) year beginning on
the last date this Agreement is signed by both licensee and licensor. On the date this
Agreement terminates, licensee will forfeit all Prepaid System Minutes remaining on account.
8, Contract Extension: Upon each annual anniversary of the effective date of this Agreement, the
tenn of this Agreement will extend for additional one-year periods, This contract extension
provision (the "extension provision") will continue to extend the contract period by one additional
year annually, Either party may cancel this extension provision by submitting notice to the
other no less than 30 days prior to the annual anniversary of the effective date of the
Agreement.
The activation of the extension provision will trigger the following events:
a) licensee's System Minute bank will be replenished to the original 150.000 minute balance;
b) Licensor will update its systems to extend the active software license and associated access
codes for one additional year of use;
c) licensor will invoice licensee for one additional year service extension at the rate of thirty-
seven thousand five hundred dollars ($ 37,500J,
d) licensee will be responsible for payrnent of the contract extension fee upon receipt of invoice
from the Licensor.
9, Minute Bank Refill feature: The parties recognize that licensee may utilize the "Service" in a
manner that results in the actual System Minute usage exceeding licensee's active Prepaid
Minute Bank. In the event using the "Service" completely exhausts licensee's remaining Prepaid
Minute Bank licensor will immediately refill licensee's Prepaid Minute Bank with a block of
15.000 System Minutes, and will invoice licensee for this block of minutes at the Additional
System Minute price as indicated in Exhibit A. licensee will be responsible for payment of
Additional System Minute blocks upon receipt of invoice frorn licensor, licensee agrees to
purchase all such additional blocks of minutes as needed in order to maintain a positive Prepaid
System Minute balance. The purpose of this refill feature is to ensure that calls being placed via
the "Service" are not interrupted as the result of licensee's depletion of their Prepaid Minute
Bank,
10. Appropriate Use of The Service: To access the 'Service" licensor will provide licensee with
unique user narne(s) and password(s). licensee agrees to maintain such user name(s) and
password(s) as private and confidential information, licensee agrees to use the "Service" in a
way that conforms with all applicable laws and regulations. licensee specifically agrees not to
make any attempt to gain unauthorized access to any of Licensor's systems or networks.
licensee agrees that licensor shall not be responsible and liable for the content of the
message(s) delivered by the 'Service" on behalf of licensee.
Emergency Communications Network. tne
CodeRED@ Services Agreement
Page20f6
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Licensee
142
11, Security: Licensee understands that Internet communications are not secure, and may be
subject to interception or loss, licensee understands and acknowledges that Licensor is providing
the "Service" on the World Wide Web through an "upstream" third party Internet Service Provider,
utilizing public utility services, Licensor shall not be liable to Licensee in the event of any
interruption of service or lack of presence on the Internet as a result of any disruption by the third
party Internet Service Provider or public utility In the event of any disruption of service, Licensor
will use its best efforts to notify Licensee and to expedite resumption of service,
12, Warranty: (a) licensee acknowledges that software in general is not error-free and agrees that
the existence of such errors in software used in conjunction with the "Service" shall not constitute
a breach of this License.
(b) In the event that Licensee discovers a material error which substantially affects Licensee's
use of the "Service" and notifies Licensor of the error, Licensor shall use reasonable measures to
correct that part of the "Service" which does not so comply, provided that such non-compliance
has not been caused by any modification, variation or addition to the "Service" not performed by
licensor, its agents or contractors, or caused by its incorrect use, abuse or corruption of the
'Service" software, or by use of the "Service" with other software or on equipment with which it is
incompatible,
(c) Licensee is responsible for maintaining access to the Intemet. Licensor in no way warrants
Licensee's access to the Internet via Licensee's Internet Service Provider(s).
13, Warranty Disclaimer: To the extent permitted by the applicable law, Licensor disclaims all other
warranties with respect to the "Service", either express or implied, including but not limited to any
implied warranties of merchantability or fitness for any particular purpose, In no event (even
should circumstances cause any or all of the exclusive remedies to fail of its/their essential
purpose and even if Licensor has been advised of the possibility of such damages) shall Licensor
be liable for any special, indirect, incidental or consequential damages of any nature (regardless
of whether such damages are alleged to arise in contract, tort or otherwise), including, but not
limited to, loss of anticipated profits or other economic loss in connection with or ensuing from the
existence, furnishing, function, or Licensee's use of any item of products or services provided for
in this Agreement. Licensee understands that the cumulative liability of Licensor for any and all
claims relating to the "Service" provided by Licensor, in contract, tort or otherwise, shall not
exceed that total amount paid by Licensee for the most recently purchased block of Prepaid
System Minutes.
14, Indemnification: Licensee understands that Licensor does not restrict the use of the "Service"
by Licensee and therefore Licensee agrees that Licensor shall not be responsible and/or liable for
the content of the message(s) created by Licensee delivered by the "Service" on behalf of
Licensee. To the extent permitted by law Licensee agrees to defend, indemnify and hold
harmless Licensor and its affiliates, employees and agents, including but not limited to Licensor's
exclusive sales agent, The Broadcast Team, Inc., from any and all liabilities, costs, and
expenses, including reasonable attorneys' fees, arising from any violation of this Agreement by
Licensee or those who access the "Service" through Licensee's account, or the use of the
"Service" or the placement or transmission of any message, information or other materials by
licensee or by those who have access to the "Service" through Licensee's account. Licensee
shall be responsible for compliance with all applicable laws regarding outbound telernarketing,
which may include, but are not limited to the Federal Telephone Consumer Protection Act of
1991, The Telemarketing and Consumer Fraud and Abuse Prevention Act of 1999 and the rules
and regulations prornulgated thereunder, as well as State and Local telemarketing laws and
requirements, Licensee shall, to the extent perrnitted by law, defend, indemnify and hold Licensor
harmless from all lawsuits, demands, liabilities, damages, claims, losses, costs or expenses,
including attorneys' fees (whether by salary, retainer or otherwise), arising out of or resulting
from, in whole or in part, a violation of such laws. licensee will be solely responsible and liable
for any such violations, The provision of this Article shall survive termination of this Agreement.
Emergency Communications Network, tnc
CodeREO@ SeNices Agreement
Page 3 of 6
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Licensee
143
15. Non-Disclosure: (a) Licensee acknowledges and agrees that in providing the 'Service",
licensor may disclose to Licensee certain confidential, proprietary trade secret information of
licensor CConfidentiallnformation"), Confidential Information rnay include, but is not limited to,
the .Service", computer programs, flowcharts, diagrams, manuals, schematics, development
tools, specifications: design documents, rnarketing information, financial information or business
plans, During this Agreement and for a period of five (5) years thereafter, Licensee agrees that it
will not, without the express prior written consent of Licensor, disclose any Confidential
Information or any part thereof to any third party At the termination of this Agreernent, Licensee
will cease utilizing the .Service" and will return all Confidential Information to licensor unless
Licensee renews the "Service" as outlined in this Agreement. Nothing in this Agreernent will be
deemed to prohibit the disclosure of any information in response to a subpoena or other similar
order by a court or agency with jurisdiction to issue it relevant to the resolution of any dispute
between the parties, The Licensee will promptly notify the licensor of the receipt of any
subpoena or other similar order and of any request under the Public Information Act or any other
similar law. The licensee will cooperate with the licensor in defending against disclosure of any
confidential inforrnation under any such subpoena, order or request.
(b) Licensee also agrees that it shall not duplicate, translate, modify, copy, printout, disassemble,
decompile or otherwise tamper with the "Service" or any software provided,
16, Termination: licensee may terminate this Agreement by notifying the licensor in writing no
less than 30 days in advance of desired termination, Licensee will return all Confidential
Information and copies to licensor. Licensee will forfeit all Pre-Paid System Minutes upon
termination of this Agreement. licensee understands that Licensor reserves the right to
terminate licensee's account at any time for reasons including, but not limited to, failure to abide
by the terms of this Agreement or failure to pay any fees or charges when due, In the event that
licensor terminates this Agreement for reasons other than Licensee's failure to abide by this
Agreement, Licensor will refund to licensee an amount equal to the balance of Prepaid System
Minutes in Licensee's account. Upon termination, Licensee agrees to remove frorn licensee's
cornputer(s) any files related to the .Service",
17, Merger: This Agreement terminates and supersedes all prior understandings or agreements on
the subject matter hereof. Only a further writing that is duly executed by both parties may modify
this Agreement.
18. Confidential Data: Licensor agrees that in view. of the confidential nature of Licensee supplied
data and files that it is to prepare, process or maintain under this Agreement, it will perfonn its
duties in such a rnanner as to prevent the disclosure to any persons not employed by Licensor of
any such data and files unless licensor and licensee mutually agree in writing otherwise.
19. Integrity of Data: Licensor cannot guarantee the integrity of any Licensee supplied data. As
such, any errors, duplications, or inaccuracies related to Licensee supplied data will ultimately
reside with licensee,
20. Notices: All notices or requests. demands and other communications hereunder shall be
addressed to the parties as follows:
As to Licensor: Emergency Communications Network, lnc, 9 Sunshine Blvd. Onnond Beach, FL
32174
As to Licensee: City of Federal Way. Attn: Ray Gross/Emerqency ManaClement
Coordinator. 33325 8th Avenue South. Federal Way. WA 98063
Emergency Communications Network, Inc
CodeREO@ Services Agreement
Page 4 of6
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Licensee
144
21. General: Each party to this Agreement agrees that any dispute arising under this Agreement
shall be submitted to binding arbitration according to the rules and regulations of the American
Arbitration Association, If any dispute arises the prevailing party shall be entitled to the costs and
attorney's fees from the losing party for enforcement of any right included in this Agreement, both
a Court of first jurisdiction and all Courts of Appeal
IN WITNESS WHEREOF, the parties execute this Agreement on the date(s) indicated below.
licensee:
City of Federal Way, Washinqton
By:
Printed Name:
Title:
Date:
licensor:
Emergency Communications Network, Inc,
By:
Printed Name David DiGiacorno
Title: Vice President
Date:
Emergency Communications Network, Inc
CodeREO@ Services Agreement
Page 5 of 6
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licensee
145
Exhibit A - Service Charges
Initial block purchase(s) of Prepaid System Minutes:
One (1) year CodeR ED Service Agreement
$ Included
150,000 CodeRED System Minutes
$ 37,500.00
Additional System Minutes
$ 0.25 per rninute
500 minutes for testing and training
$ No Charqe (see paragraph 6)
Up to ~ CodeRED user pass codes
$ Included
Initial Residential Database Upload
$ No CharQe
One (1) CodeRED distance training session
$ No CharQe
System usage will be charged against Prepaid Systern Minutes at actual minutes of
time connected while delivering prerecorded System calls. All calls will be billed in 6-
second increments, Only connected calls (live connections, answering machine
connections and fax tone connections) will result in connection charges being
incurred,
Additional Pass codes may be purchased for an annual fee of $150.00 per pass code,
Database Accuracy Updates
Licensor Supplied Database: "Database Accuracy Updates" ensure that the data population
maintained by Licensor under this Agreement undergoes periodic accuracy checks using the
licensor's most current in-house compiled database including, but not limited to, household
addresses and telephone numbers, It will be the sole responsibility of the Licensee to maintain
database accuracy and request updates from the Licensor
One annual "Database Accuracy Update" will be performed by the Licensor upon request by the
Licensee at no charge. Additional updates requested by Licensee will incur charges at the rate
listed below after the update service is completed by Licensor.
2,5~ per record in final updated database population,
Licensee Supplied Database: A service labor fee of One Hundred Dollars ($100.00) per hour
will be billed to Licensee for any data irnporting, manipulating, and loading any database supplied
by Licensee or on Licensee's behalf to Licensor.
$100 per hour for database maintenance
Annual System Maintenance, including all Software Upgrades
$ No CharQe
Emergency Communications Network, Inc
CodeREO@ Services Agreement
Page 6 of 6
Initials
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Licensee
146
COUNCIL MEETING DATE: January 15,2008
_" ......-...... "_"._.... ......... n....................... ..__.........__.,._.......... m.._.....__.._......._._......_._.......__ .............._._...
ITEM #:
s~
CITY OF FEDERAL WAY
CITY COUNCIL AGENDA BILL
SUBJECT: Performing Arts Center Feasibility Study
POLICY QUESTION: Should the Council accept the Feasibility Study Final Report?
COMMITTEE: Parks, Recreation, Humau Services and Public Safety
MEETING DATE: Jan. 8,2008
CATEGORY:
[gJ Consent
D City Council Business
STAFF REpORT By: Iwen
o Ordinance
o Resolution
o
o
Public Hearing
Other
DEPT: City Manager's Office
The City retained Johnson Consulting to study the feasibility of a new performance center, the viability of the
Dumas Bay Conference Center, and the market for the Knutzen Family Theater. After dozens of meetings and
months of research, Johnson Consulting is ready to present their final report.
Staff recommends a motion acknowledging receipt of Johnson Consulting's Final Feasibility Report and
directing staff to work toward fulfillment of the Report's recommendations, especially with respect to obtaining
state legislative funding for a new arts and conference center, and for staff to check-in regularly with the City
Council regarding progress and further direction.
Attachments:
1. Johnson Consulting Final Report (attachment to be provided at time of presentation)
Options Considered:
1. Acknowledge receipt of Feasibility Study Final Report.
2. Direct Staff to work toward fulfilling the recommendatio~ in the Final Report, especially with respect to
obtaining state funding for a new arts and conference center:
3. Request more Feasibility Study.
STAFF RECOMMENDATION: Staffrecommends Options 1 and 2.
CITY MANAGER ApPROVAL: &'J . DIRECTOR ApPROVAL'
~mnuttee
JtJ
ItA,
Council
COMMITTEE RECOMMENDATION:
\..
Committee Chair
PROPOSED COUNCIL MOTION: "I move to acknowledge receipt of the Feasibility Study Final Report and
to direct Staff to work toward fulf1llment of the Report's recommendations, especially with respect to
obtaining state funding for a new arts and conference center."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDfNO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
147
MEETING DATE:
~lSl&eof
ITEM#
0~~ ,
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
CITY COUNCIL COMMIITEE APPOINTMENT CONSIDERATIONS
.._._....__...._._.....-..._~._.__._.....__._._.._-_.._-----..._......._____._...__.._m_........._....__....................._..__.__._.....................____..____.........._..............__.............___.__....__.............__..._m.........._.............___........_.......................__.......__..__..........._..._...._..........
CATEGORY:
BUDGET IMPACT:
o CONSENT
o RESOLUTION
~ CITY COUNCIL BUSINESS
o ORDINANCE
o PUBLIC HEARING
o OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
.....-...-------...-.-...-.----........--........-.-............--......--...---.-....-......-......--....--...............--........---.-..............._.____._m.............___.._..._........__..._.____..........._m.....__...._.__................_m......._........__.__._........._..._._~__._..__.._.__...__..____.~
ATTACHMENTS: None
-_..._-.-.-_.~..~-_..---~~.-....-.--........-.-_.......--.__..-----.--...-....~....-..-.._-_...-...._.-.-..-~.-....-...-....---....-..--....-.-..-._.__._._..____..__.._.__.._._~_._......_.__.~...._........__...____....m__..m._.~.._.~..___._..._.._...._....~____..____._._._..._.._._.._._~.._.
SUMMARYIBACKGROUND: Pursuant to Council Rules of Procedure, Section 21, the Mayor makes committee
appointments each year, taking into consideration the interests and request of individual Councilmembers. Members,
serve one-year terms, with each committee consisting of three members. The following committees have been established:
Finance/Economic Development !Regional Affairs (FEDRAC)
Land UsefTransportation (LUTC)
Parks!RecreationlHuman Services/Public Safety (PRHSPS)
There may also be appointments to other community and regional committees which have city appointment authority,
~--_..-..._--.--_.._----.--....-.._....---.-----.---~.-.--___...___._.~...__.__...___..........._...._._.__m.._______...__....._._._...__.__...__.._.._._..._.._.___._...._..~_..__...__..._..__m....__...___......___...____._.___.__.__
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A
--..---.---.------..--.---....------..--------...-------_.._.__._..~._._--_.--_....._-_._-~.._.._.__._.._.._._.._....__..._..~_.__.._.__.....__._...__.....__......._-_....--....-----------.-.--
PROPOSED MOTION: N/ A - Councilmembers were asked to indicate their preferences for appointment to the various
committees and notify the Mayor.
CITY MANAGER ApPROVAL:
Committee
DIRECTOR ApPROVAL:
Council
Committee
Council
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
148
2/
RESOLUTION #
REVISED 05/10/2001
149
J2-
~_~!!~~!!=_~~_~_!~~~~!!~~_~nu~~[_~~_~~~__,__.._______'__'___,..'___......_____,.'_________'___'_____''!!_~_~,~:..(Pb ..
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ApPOINTMENTS TO THE PLANNING COMMISSION
POLICY QUESTION: Should the City Council appoint candidates to the City's Planning Commission?
COMMITTEE: N/ A
MEETING DATE: NIA
CATEGORY:
D Consent
I2l City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
S!~!.~!!EP,Q~!l!~_:__..1..11_~a !J:~tha~y____________..___,____________..____~_~T: M~~~~:~~~.:~rvi_ce~_____
Attachments: N/ A
Background: At a special meeting of the City COWlcil on January 15, 2008, the City Council will interview
applicants to fill two unexpired terms on the City's Planning Commission. One unexpired position will be filled
through a vacancy created by Dini Duclos' election to the City Council through September 30, 2010, The other
appointed position will fill an Wlexpired term through September 30, 2008.
A total of four applications were received for the two vacancies. There are also two alternate positions open on the
Commission with terms expiring on September 30,2010. The COWlcil may appoint as many alternates as deemed
necessary or as the need arises.
The COWlcil will confmn the appointments during its Regular Meeting on January 15, 2008 and all appointed
members will be invited to the February 5, 2008 City Council Meeting to receive their Certificates of
Appointments.
Options Considered:
1, Appoint the following candidates as regular, voting members to the Planning Commission with terms expiring
as listed:
Sept. 30, 2008
a.
b.
Sept. 30,2010
2. Appoint the following candidates as Alternates:
a.
Sept. 30,2010
b.
Sept. 30, 2010
3. Direct staff to re-advertise the vacancies.
STAFF RECOMMENDATION: NIA
CITY MANAGER ApPROVAL:
NIA
Committee
DIRECTOR ApPROVAL:
NIA
NIA
COlUlCil
Council
Committee
COMMITTEE RECOMMENDATION: NIA
150
PROPOSED COUNCIL MOTION: HI move approval of the following Planning Commission Appointments:
(Options 1 and 2).
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACfION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
151
COUNCIL MEETlNG DATE: January 15,2008
~.. -_._-_.._._------_._-._._~._--..__.._.__....__.._._...-...--..-
....~!.E:~.~: ._.fk..~ ,...__.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: REAPPOlNTMENTS TO ARTS AND HUMAN SERVICES COMMISSION
POLlCY QUESTION: Should the City Council reappoint candidates to the City's Arts and Human Services
Commissions?
COMMlTTEE: NI A
CATEGORY:
o Consent
~ City Council Business
MEETING DATE: N/A
o Ordinance
o Resolution
o
o
Public Hearing
Other
~.T A_~!__~Q~!._~~~__l:~ur~Ji~tha~~_~_~i~_~le!~___________.
DEPT: Management Services
.. ~.. ..-----.----.----.- ._"-_._---'---~---_._--_.__._~..._._----_._......_-_...-_.__._._--_.__._~--_.-
Attachments: NI A
Background: Several vacancies have occurred on the City's Arts and Human Services Commissions due to term
expirations, The City advertised the openings in the Federal Way Mirror and City's website on December 8,2007
with a deadline to apply of January 4,2008, Three applications were received for the two Commissions _ two for
the Arts Commission and one for the Human Services Commission. Because all of the applicants are current
regular or alternate members on the respective commissions, the Council saw no need to re-interview them and
sought input from staff as to their participation levels and attendance. Staff for both the Arts Commission and the
Human Services Commissions gave positive input on all of the candidates.
Options Considered:
L Reappoint the following candidates as regular, voting members to the Arts Commission with terms expiring as
listed:
a. Carroll Clemens
Dec. 31, 2010 b. Bruce Lee
Dec. 3 L, 2010
2. Re-appoint the following candidate as a regular, voting member to the Human Services Commission:
a. Christopher Andersen Jan. 31, 2011
3. Direct staff to re-advertise the vacancies.
CITY MANAGER ApPROVAL:
N/A
DIRECTOR APPROVAL:
N/A
N/A
Conuniltee
Committee
Council
PROPOSED COUNCIL MOTION: "[ move approval of the reappointments to the Arts Commission and Human
Services Commission as presented.
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERREDINO ACfION
o MOVED TO SECOND READING (ordinances only)
REVISED -02/06/2006
(BELOW TO BE COMPLETED BY ClTY CLERKS OFFiCE)
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
152
COUNCIL MEETING DATE: January 15th, 2008
.m................ .... .. ..~....._....... ............ .._......
ITEM #:
(od
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Amendment to Interlocal Agreement with Coalition of jurisdictions appealing the NPDES Phase II
Permit
POLICY QUESTION: Should the Federal Way City Council authorize the City Attorney to execute an amended
Interlocal Agreement with jurisdictions appealing the NPDES Phase II Permit to adjust the appeal financing?
COMMITTEE: N/ A
MEETING DATE: N/A
CATEGORY:
o Consent
[8J City Council Business
o Ordinance
o Resolution
o
o
Public Hearing
Other
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Attachment: Proposed Interlocal amendment.
DEPT: Law
Background: On January 17, 2007 the Washington State Department of Ecology (DOE) issued its NPDES
Phase II Stormwater Permit (Permit). The DOE standards in the Permit exceed the EP A minimum requirements
in many ways, which caused a large number of Phase II permittees to determine that an appeal of DOE's Permit
was necessary. While these jurisdictions want to protect their natural resources, they feel many of the
requirements in the Permit go beyond what is necessary to achieve that goal.
City Council previously authorized the City enter into an Interlocal Agreement with the Coalition for legal
representation. The appeal has become more complex than anticipated. Attached to this agenda bill is the
proposed amended Interlocal that outlines how the additional costs of this appeal will be "hared among the
members of the Coalition.
STAFF RECOMMENDATION: Authorize the City Attorney to execute the Interlocal Agreement amendment
substantially as proposed.
DIRECTOR ApPROVAL:
N/A
_P kI--
Council
CITY MANAGER ApPROVAL: N/ A
Conuniltee
ConuniUee
COMMITTEE RECOMMENDATION: N/ A
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: HI move approval of the Interlocal Agreement amendment substantially as
proposed and authorize the City Attorney to execute the same. "
(BELOW TO BE COMPLETED BY CITY CLERKS OF FlCE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLED/DEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
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FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE
CITIES OF ANACORTES, AUBURN, BELLEVUE, BELLINGHAM, BOTHELL,
BREMERTON, BUCKLEY, BURIEN, BURLINGTON, CAMAS, DES MOINES,
ELLENSBURG, EVERETT, FEDERAL WAY, FIRCREST, KENNEWICK, KENT,
LONGVIEW,
MARYSVILLE, MOUNT VERNON, NORMANDY PARK, ORTING, PORT
ANGELES, PULLMAN, PUYALLUP, RENTON, RICHLAND, SAMMAMISH,
SEAT AC, SUMNER, UNIVERSITY PLACE AND VANCOUVER AND KITSAP
COUNTY REGARDING LEGAL SERVICES
THE INTERLOCAL AGREEMENT ("Agreement") entered into between the
Cities of Anacortes, Auburn, Bellevue, Bellingham, Bothell, Bremerton, Buckley,
Burien, Burlington, Camas, Des Moines, Ellensburg, Everett, Federal Way, Fircrest,
Kennewick, Kent, Longview, Marysville, Mount Vernon, Normandy Park, Orting, Port
Angeles, Pullman, Puyallup, Renton, Richland, Sammamish, SeaTac, Sumner,
University Place, Vancouver, and Kitsap County, and any other Phase II Permittees
that might become a party to this Interlocal known as the "Coalition of Governmental
Entities" is hereby amended as follows:
The names of Bellingham, Ellensburg and Kennewick shall be stricken from the
Coaltion Interlocal Agreement as these jurisdictions have withdrawn from the
Coalition pursuant to notice given under Paragraph 5.1 of the Interlocal and have
withdrawn from the litigation related to the Phase II permits.
Paragraph 4.1 of the Interlocal is hereby amended to read as follows:
4.1 Except as provided in Paragraph 4.2 below, the Legal Services' fees and costs
shall be shared equally by all Coalition regardless of a member of the Coalition's
population or nature or any other factor distinguishing it from another member of the
Coalition. This obligation shall continue through conclusion of the Legal Services as
provided in Paragraph 2 above, unless a member of the Coalition terminates its
participation in this Agreement as provided in Paragraph 5. Members of the Coalition
hereby authorize said fees and costs up to a total of $925,000. Additional fees
and/or costs may be approved by written amendment to this Agreement by Coalition.
Paragraph 4.2 of the Interlocal is hereby amended to read as follows:
4.2 The provider of Legal Services shall provide a monthly bill of its fees and costs to
Bellevue. Bellevue shall timely pay the bill on behalf of Coalition, Within 15 days of
approval of this Agreement, each member of the Coalition shall remit its agreed
share of the fees and costs to the City of Bellevue. Bellevue shall place these funds
into an interest-bearing account, with any interest derived from these funds to be
applied to the costs of the provider of Legal Services, At the time of the initial drafting
of the Interlocal Agreement, 33 governmental entities had committed to joining this
appeal; and paying estimated fees and costs up to $275,000, with the proportionate
155
share of each member of the Coalition being $8,333.33. Due to increased costs
associated with the Permit cross-appeal filed by Puget Sound keepers Alliance and
others, the Coalition hereby authorizes additional fees and costs of up to $650,000,
for a total of fees and costs of up to $925,000. These additional fees and costs are to
be paid in full through contributions from each member of the Coalition in an amount
determined according to agreement between the members and with consideration
given to the financial ability of members to pay. In the event Bellevue must take
legal action to collect any amount due from a member of the Coalition, Bellevue shall
be entitled to recover all costs for said action including reasonable attorney's fees.
Paragraph 4.3 is hereby amended to read as follows:
4,3 Except as provided in Paragraph 4.2 above, in the event additional
governmental entities join this Agreement, the share of each member of the Coalition
shall be reduced accordingly. In the event fewer governmental agencies participate
in this Agreement or terminate their participation, the share of each remaining
participating member of the Coalition shall increase accordingly,
All other provisions of the Coalition Interlocal Agreement remain in full force and
effect.
IN WITNESS, the parties below execute this First Amendment to the Coalition
Interlocal Agreement which shall become effective January _, 2008.
ANACORTES:
AUBURN:
CITY OF ANACORTES
CITY OF AUBURN
By:
By:
Print Name:
Print Name:
Its:
Date:
Its:
Date:
NOTICES TO BE SENT TO:
NOTICES TO BE SENT TO:
156
L) (Telephone )
L) (Facsimile)
APPROVED AS TO FORM:
L) (Telephone )
L) (Facsimile)
APPROVED AS TO FORM:
BEllEVUE BOTHEll:
CITY OF BEllEVUE CITY OF BOTHEll
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
BREMERTON BUCKLEY:
CITY OF BREMERTON CITY OF BUCKLEY
By: By:
Print Name: Print Name:
157
Its:
Date:
Its:
Date:
NOTICES TO BE SENT TO:
NOTICES TO BE SENT TO:
L)
L)
(Telephone ) L)
(Facsimile) L)
(Telephone )
(Facsimile)
APPROVED AS TO FORM:
APPROVED AS TO FORM:
BUURIEN: BURLINGTON:
CITY OF BURl EN CITY OF BURLINGTON
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (F acsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
CAMAS: DES MOINES:
158
CITY OFCAMAS CITY OF DES MOINES
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
LJ - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
EVERETT: FEDERAL WAY:
CITY OF EVERETT CITY OF FEDERAL WAY
(
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM:
159
FIRCREST: KENT:
CITY OF FIRCREST CITY OF KENT
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
LONGVIEW: MARYSVILLE:
CITY OF LONGVIEW CITY OF MARYSVILLE
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
160
APPROVED AS TO FORM:
MOUNT VERNON: NORMANDY PARK:
CITY OF MOUNT VERNON CITY OF NORMANDY PARK
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
- -
- -
- -
- -
L-) - (Telephone) L-) - (Telephone)
L-) - (Facsimile) L-) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
- -
ORTING:
PORT ANGELES:
CITY OF ORTING
CITY OF PORT ANGELES
By:
By:
161
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
.
- -
- -
- -
- -
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
- -
PULLMAN: PUYALLUP
CITY OF PULLMAN CITY OF PUY ALLUP
By:
By:
Print Name:
Print Name:
Its:
Date: Its:
Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
- -
- -
- -
162
L) (Telephone )
L) (Facsimile)
APPROVED AS TO FORM:
L) (Telephone )
L) (Facsimile)
APPROVED AS TO FORM:
RENTON: RICHLAND
CITY OF RENTON CITY OF RICHLAND
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
- -
- -
- -
- -
L) - (Telephone) LJ - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
- -
I SAMMAMISH:
I SEATAC:
163
CITY OF SAMMAMISH CITY OF SEAT AC
By: By:
Print Name:
Print Name: Its:
Its: Date:
Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) LJ - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
SUMNER: UNIVERSITY PLACE:
CITY OF SUMNER CITY OF UNIVERSITY PLACE
By: By:
Print Name:
Print Name: Its:
Its: Date:
Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
164
APPROVED AS TO FORM:
APPROVED AS TO FORM:
VANCOUVER: KITSAP COUNTY:
CITY OF VANCOUVER KITSAP COUNTY
By: By:
Print Name:
Print Name: Its:
Its: Date:
Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
165