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LUTC PKT 03-17-2008 , ORIGINAL City of Federal Way City Council Land Use/Transportation Committee City Hall Council Chambers March 17,2008 6:00 .m. MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES: March 3, 2008 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS A. Saghalie Firs Final Plat Action 15 minlShull B. Cottage Housing Ordinance Amendment Action 15 minlShull C. FW Community Center Transit Service Action 10 minlPerez 5. FUTURE MEETINGS/AGENDA ITEMS 6. ADJOURN City Staff Cary M Roe, P.E., Assistant City Manager/Emergency Manager Darlene LeMaster, Administrative Assistant II 253-835-2701 Committee Members Linda Kachmar, Chair Jim Ferrell Dini Due/os G:ILUTCILUTC Agendas and Summaries 2008\3-17-08 LUTC Agenda.doc City of Federal Way City Council Land Use/Transportation Committee March 3, 2008 6:00 pm City Hall City Council Chambers MEETING MINUTES In attendance: Committee Chair Linda Kochmar, Council Member Jim Femell, Assistant City Manager/Chief Operations Officer/Emergency Manager Cary Roe, Deputy Public Works Director Ken Miller, Council Member Jeanne Burbidge, City Staff Attorney Monica Buck, Surface Water Manager Paul Bucich, ESA & NPDES Coordinator Don Robinett, Water Quality Coordinator Dan Smith and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the meeting to order at 6:03 p.m. Committee Member Dini Duclos was excused. 2. APPROVAL OF MINUTES The February 25, 2008 LUTC meeting minutes were approved. Moved: Ferrell Seconded: Kochmar Passed: Unanimously, 2-0 3. PUBLIC COMMENT There was no public comment. 4. BUSINESS ITEMS A. SWMP Plan and Annual Report Paul Bucich and Don Robinett provided background information on this item Council Member Burbidge asked when the next Lakota Creek cleanup is scheduled. Mr. Robinett said that as part of the Earth Day events, there will be a Lakota Creek cleanup on Saturday, April 19, 2008 from 9:00 AM until 12:00 PM. Volunteers are to meet in the Decatur High School Parking Lot at 2800 SW 320th Street. Council Member Burbidge also asked if SWM's posters and brochures are available on the City's website. Mr. Robinett answered that all of the SWM division's brochures, posters and newsletter are available on the SWM publication page. Posters are in PDF format and can be printed off the web page. Committee Chair Kochmar asked if staff anticipates treatment of the City's stormwater in the foreseeable future. Mr. Bucich responded that, in a way, we are already treating stormwater; new developments are required to meet certain thresholds when it comes to stormwater retention and drainage. But in comparison to waste water treatment, there is really no way to know what the future holds. Committee Chair Kochmar also inquired as to the fines for illicit discharge, detection and elimination (IDDE). Mr. Bucich answered that Chapter 1 of the City Code addresses code enforcement. Thankfully staff has not had to go to that extent. There is protocol for fmes, for example, $100 per day per day in violation. When asked what staff would like to let citizens know about our surface water maintenance program, Mr. Bucich responded that he would ask all residents to pay attention to what is going on in their neighborhood and community. Stormwater related concerns can be reported to the Public Works G:ILUTOLUTC Agendas and Surrnnanes 200813.03-08 Minutes.doc Land UselTransportation Committee Page 2 February 25,2008 Department at 253-835-2700. After hours, the caller will be prompted to call the after hours callout number. Also, one of the busiest times for the SWM Maintenance crew is in the fall when it is wet and leaves are falling. Mr. Bucich encouraged residents to help in the effort by raking leaves away from catch basins so that sterm water is able to enter the system Moved: Kochmar Seconded: Ferrell Passed: Unanimously, 2-0 Committee PASSED Option 1 to the March 18, 2008, City Council Consent Agenda for approval. 5. FUTURE MEETING The next regularly scheduled LUTC meeting will be held March 17,2008 at 6:00 PM. 6. ADJOURN The meeting adjourned at 6:30 PM. G:\LUTaLUTC Agendas and Surrnnanes 2008\3.03.08 Minutes.doc _........._..........__.._MM..___...._........_..._..__........_.. ......._......_.................__.._............... .................-................--....-...-.......-......... .....---...-.......... . ........-......-............-............- ....--..................--.--..-...---........-....-......-..--..-.-........-.......- COUNCIL MEETING DATE: Aprill, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Saghalie Firs Final Plat, File No. 07-105459-00-SU POLICY QUESTION: Should the City approve the Final Plat of Saghalie Firs? COMMITTEE: LUTC MEETING DATE: April 1, 2008 CATEGORY: [8J Consent D City Council Business D Ordinance [8J Resolution D D Public Hearing Other STAFF REpORT By: Janet Shull, AICP, Senior Planner DEPT: Community _.._..._____......_______.__.__.____..__....._.._..._...._............__...._____........__....___..............__..............._....._..._..__....._...___......_.....__._..._......___.._._J.:.?~.y.~I.~.P~~!!!....---._-.._-.............___ The applicant requests approval of the Saghalie Firs Final Plat, a 34-10t single family residential subdivision, as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," subject to City Council approval. Refer to February/26/08 Staff Report for analysis of final plat & decisional criteria. Attachments: Saghalie Firs Final Plat Staff Report, dated March 10,2008, with exhibits including Reduced Scale Final Plat Map; Vicinity Map; City Council Resolution #05-447 approving the Saghalie Firs Preliminary Plat; and proposed City Council Resolution approving the Saghalie Firs Final Plat. ......--...-..--..............-..-.....-........---..........--..-............-.-.......-.......-..-...........-........-....-.................................-.....................-....--..-.......-.........-........--...-...........-............-.......-....................-..............................-........-........-..................--.......-.....-..... Options Considered: 1). Approve the final plat as presented; 2) Reject the final plat and provide direction. ...............-...-........................................................................-.....-.........................-............-.-.....-....................---.....-..............-.................................--.............................-...............................-....-...-....-.--..........-.......................-.--......-..................--..........--.......-. STAFF RECOMMENDATION: Staff recommends Council approve the Saghalie Firs Final Plat (Option 1). CITY MANAGER ApPROVAL: To Council to Council DIRECTOR ApPROVAL: ~ to Conumttee COMMITTEE RECOMMENDATION: Forward the Final Plat to full Council on April 1 for approval. Linda Kochmar Committee Chair Dini Duclos Committee Member Jim Ferrel Committee Member PROPOSED COUNCIL MOTION: HI move approval of the Saghalie Firs Final Plat. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # Doc. I.D. 43627 ~ CITY OF ",. ~ Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT Request for Final Plat Approval SAGHALIE FIRS FINAL PLAT Federal Way File No. 07-105459-00-SU I RECOMMENDATION City of Federal Way staff has reviewed the final plat of Saghalie Firs for compliance with preliminary plat conditions and all applicable codes and policies, and recommends approval of the final plat application. II INTRODUCTION Date: March 10, 2008 Request: Request for final plat approval for the Saghalie Firs subdivision. Description: Saghalie Firs is a proposed 34-10t subdivision including 34 single-family lots on approximately 9.57 acres. The Preliminary Plat was granted approval by the Federal Way City Council on June 7, 2005, per City Council Resolution 05-447. Access to Saghalie Firs is from 21 st Avenue Southwest via a new roadway, Southwest 341 st Place. A second access to the subdivision is also provided via an extension of 19th A venue Southwest. All required roads, sidewalks, storm drainage facilities, sewer lines, water lines, and related improvements for the project have been constructed or financially guaranteed. Owner: Norris Homes, Inc. 2053 Faben Drive Mercer Island, W A 98040 Engineer: ESM Consulting Engineers LLC 20021 120th Avenue, Suite 103 Bothell, W A 9801-8248 425-415-6144 Staff Report Saghalie Firs Final Plat Federal Way File No. 07-105459-00-SU/Doc. ID 43601 Page I Location: The subject property is located in the City of Federal Way, east of21 sl Avenue Southwest at Southwest 341 sl Place. (Exhibit A - Vicinity Map.) Sewage Disposal: Lakehaven Utility District Water Supply: Lakehaven Utility District Fire District: South King Fire and Rescue School District: Federal Way School District Report Prepared By: Janet Shull, AICP, Senior Planner ill HISTORY AND BACKGROUND Saghalie Firs is a proposed subdivision of34 single-family lots on approximately 9.57 acres, with designated Landscape Tracts (Tract "A" and Tract "B"), and Storm Drainage Tracts (Tract "c" and Tract "D"). (Exhibit B - Final Plat Map) A 34-10t Saghalie Firs Preliminary Plat was granted approval by the Federal Way City Council on June 7, 2005, per Resolution 05-447 (Exhibit D- Resolution 05-447.) A proposed resolution of the City of Federal Way, Washington, to approve the final plat ofSaghalie Firs is attached (Exhibit E - Saghalie Firs Final Plat Resolution.) Zoning for the 9.57-acre site is Single Family, RS 7.2. The Saghalie Firs plat is a standard subdivision under the codes, and the minimum permitted lot size is 7,200 square feet. The lot sizes on the Saghalie Firs [mal plat range from 7,200 square feet to 8,029 square feet, with the average size being approximately 7,268 square feet. The applicant applied for Engineering Approval on July 18, 2005. Engineering approval was granted on August 25,2006, and site work commenced shortly thereafter. Clearing and grading activities ran through the summer/fall of 2006. Site work with on- and off-site infrastructure construction continued throughout 2007 and into 2008. The developer applied for final plat approval on October 2, 2007, while the site was still under construction. Improvements are now substantially complete. Pursuant to RCW 58.17.110 and Section 20-136 of the Federal Way City Code (FWCC), the City Council is charged with determining whether: 1) the proposed final plat conforms to all terms of the preliminary plat approval and subsequent approved modifications; 2) the subdivision meets the requirements of all applicable state laws and local ordinances which were in effect at the time of preliminary plat approval; 3) all taxes and assessments owing on the property have been paid; and 4) all required improvements have been made or sufficient security has been accepted by the City. Staff Report Saghalie Firs Final Plat Federal Way File No. 07-105459-00-SU/Doc 10 43601 Page 2 City of Federal Way staff has reviewed the Saghalie Firs final plat for compliance with preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, and plat conditions have been met or financially secured as allowed by FWCC Section 20-135. IV COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of preliminary plat approval (05-447). Required improvements have been completed or financially secured as allowed by FWCC Section 20-135. Conditions of Approval for Preliminary Plat Approval (Resolution 05-447) 1. Final Plat approval shall require full compliance with drainage provisions set forth in the FWCC. Final review of the storm drainage engineering plans will occur in conjunction with full engineering reVIew. Staff Response: This condition has been met by identification and description of the storm drainage tracts on the plat map along with appropriate text notes (See Notes 3, 4, 8 and lOon Sheet 6 of 6). 2. Due to the existing site soil conditions, a seasonal clearing restriction from October 1 to April 30 shall be required. Staff Response: This condition has been met by implementing wet weather restrictions during the course of construction. V SEP A CONDITIONS 1. In order to mitigate for potential adverse transportation impacts resulting from the construction of the project, the TIP projects under the Project ill column in Table 1 below must be constructed by the applicant prior to final plat approval. In lieu of constructing these TIP projects, prior to final plat approval, the applicant may voluntarily offer to pay a pro-rata share contribution of $47,610.00 towards the following (TIP) projects based on the calculation in Table 1 below. . Pro-Rata Share Contribution to Transportation Improvement Projects Pro-rata share contribution is required using the following formula: Pro-rata share percenta'ge = project PM peak hour trips/future with project PM peak hour volume x 100. Pro-rata share amount = pro-rata share percentage x estimated TIP project cost/100. The pro-rata share percentage is calculated using PM peak hour volumes and was determined by the traffic impact analysis. The pro-rata share amount is calculated below in Table 1. TABLE 1 $1,800,000.00 Project Trips 13 City PM Volume 4269 I Percent Imnact I 0.30% Mitigation Costs $5,400.00 TIP Project Name Project ID 13 S 348"' 8t / I't Ave S Intersection Project Cost Staff Report Saghalie Firs Final Plat Federal Way File No. 07-105459-00-SU/Doc 10. 43601 Page 3 15 110m Ave SW/SW 344m Street Road (Campus Drive to 21st Ave SW) I $6,700,000.00 I 20 I 3194 I .0.63% $42,210.00 $47,610.00 TOTAL Staff Response: This condition has been met. The applicant paid the City of Federal Way $47,610.00 in traffic mitigation fees on March 11, 2008. 2. In order to mitigate for potential adverse impacts related to high speed traffic within the subdivision and adjacent to the Saghalie Firs Middle School, the applicant shall provide for traffic calming devices as specified below. These traffic calming devices shall be implemented prior to final plat approval. a. The existing crosswalk along 19th Avenue SW north of SW 340th Street shall be converted to a raised crosswalk. b. Install new speed hump(s) along 19th Avenue SW just south ofSW 340th Street. c. Intall new speed hump(s) along SW 341st Street east of Road A (cul-de-sac driveway). d. Installation of traffic calming devices and related signage shall be coordinated with the City of Federal Way and Federal Way Public Schools. Staff Response: This condition has been met. The above-stated improvements were installed by the Applicant, inspected and accepted by the Public Works Department. VI DECISIONAL CRITERIA Pursuant to Section 20-136 of the Federal Way City Code, if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording: 1. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met, as the conditions of preliminary plat and SEP A mitigation have been met or financially guaranteed, and the final plat is in substantial conformance to the preliminary plat. 2. The final plat is in conformity with applicable zoning ordinances or other land use controls. Staff Response: This criterion has been met and/or financially guaranteed. The plat meets the RS 7.2 zoning standards in effect at the time the application was determined to be complete. The lot sizes are not less than the underlying minimum lot size of 7,200 square feet. As provided in FWCC Section 20-135, performance and maintenance bonds are in place for the entire plat and off-site improvements. In addition, a performance bond is in place for any incomplete items as described in Sections IVand V above. 3. That all conditions ofthe Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met as noted in the staff comments above. All plat conditions have been met and/or financially guaranteed to be completed within six months of final plat approval. All life safety improvements have been completed. Staff Report Saghalie Firs Final Plat Federal Way File No. 07-1 05459-00-SU/Doc.lD 43601 Page 4 4. That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but not limited to, the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. Staff Response: This criterion has been met. Thefinal plat is consistent with applicable zoning and subdivision regulations, and ensures the public health, safety, and welfare is protected. The plat infrastructure has been installed and/or adequately financially guaranteed as discussed above, including: safe walking routes to school bus stops; open space preservation; drainage system installation; water system installation; sewer system installation; and street improvements. Pursuant to FWCC Section 20-156, the applicant paid the City $137,400.00 on March 11, 2008, in lieu of providing required usable open space on site. 5. That all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: This criterion has been met. All road and storm drainage improvements for Saghalie Firs have been constructed and/or financially guaranteed. In addition, sewer lines have been installed and approved by Lakehaven Utility District as identified in the letter of substantial completion from Lakehaven Utility District. Water lines have been installed and approved by Lakehaven Utility district as identified in the letter of substantial completion from Lakehaven Utility District. 6. That all taxes and assessments owing on the property being subdivided have been paid. Staff Response: Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. VII CONCLUSION Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Saghalie Firs meets all platting requirements of RCW 58.17.110 and Section 20-136 of the Federal Way City Code. Plat infrastructure improvements have been substantially completed and/or financially secured to guarantee that all plat conditions and code requirements will be completed within six months of final plat approval as allowed by FWCC Section 20- 135. The project has been developed in conformance with Resolution 05-447, approving the Saghalie Firs Preliminary Plat. A recommendation of final plat approval is therefore being forwarded to the City Council for your approval. VIII EXHIBITS Exhibit A Exhibit B Vicinity Map for Saghalie Firs 8 1/2 x 11 Reduced Copy of Saghalie Firs Final Plat Map (This exhibit is not included in all copies of staff report.) 8 1/2 x 11 Reduced Copy of Approved Saghalie Firs Preliminary Plat (This exhibit is not included in all copies of staff report.) Exhibit C Staff Report SaghaIie Firs Final Plat Federal Way File No. 07-I05459-00-SU/Doc.m 43601 Page 5 Exhibit D Resolution 05-447, City of Federal Way Preliminary Plat Approval ofSaghalie Firs (with Hearing Examiner Preliminary Plat Approval Recommendation) (This exhibit is not included in all copies of staff report.) Final Plat Resolution of the City of Federal Way, Washington, Approving the Saghalie Firs Final Plat 8 1/2 x 11 Reduced Copy of Approved Landscape Plan (This exhibit is not included in all copies of staff report.) Exhibit E Exhibit F Staff Report Saghalie Firs Final Plat Federal Way File No. 07- I 05459-00-SU/Doc.m 43601 Page 6 ~ .- LL CD .- ca .t: C) ca en cc .... :s :E . . >< w D- ca :E ~ ... .- c: .- (.) .- > ~ ~ c: 0 ! "00 => "S: en .- CIl - 0 ,"0 0::: ~ 0)..0 "- LO::J 0 -.::ten "'C Q) CU LO..... C C) 00 "0 CD w ..:a ~-.::t fIl C) ~ "0 ~af ,.....(\") CD .$ ~ 0"0 CIl CIl ....J en a.. a.. =l:l:Q) Q) en ~ - 0 I I .- a. z~ LLO ~ a.. '( ~,)I / \ '\, ~ '\ '\ ~y I \, \ ,~ . \ )/ ...~~JT---'s=:=--,:=== l/J .--.--. ~ c__ ---.- --- i--- /, ~rl-Fl c~) r------- ,L__ c_ ___On c-- c----- :; r/ -._------ ---.--. -- ------.--- _n_.____ ------ e-.---- .s Ci5 '0 ,--. r'.-- .\.----. f---- "~ ---- e---_ -----.- ____n._. e e__n__.. _____nO ;------- a. r ;..-.-.-. [J '--- : '---'1 -~ ; j _nl I ..--__....l I ~J ,---..-- ~_._. --.- :--- ----- '-., ---. ,----- ~ ,----- ._m. ._-- m___ '-~ , --- .n_._ :=~~=H ~-oi ~=r ;.-..--.- , ~..._- _.J-- --~- -/ 1'---. ,/ ------ i-. . --....-. .---. .---. c-------- --- .--- .--- ,n~= --.-..---..-__! c..._. )jJr------ .. : ,= i- ------~ \. Ii U) .!! :::!E "l:I; <:) C'! <:) <:) C'! <:) Exhibit B SAGHALIE FIRS A PORTION OF THE SE 1/4 OF THE NE 1/4 OF SECTION 24, TWP. 21 N., RGE. 3 E., W.M. CITY OF FEDERAL WAY, KING COUNlY, WASHINGTON CITY OF I'EDERAL WAY SUBDMSION NO. FW 0+-103295-4J06 FOUND WSDOT MONUMENT CASE REBAR AND CAP, LSl10708 WITH .~ SQUARE CONCRETE 0.' (N) Ie 1.8 (E) -...EN! WITH TACt< AND lDD, PER REfERENCE , DOWN O.S' 13 VISTED 09-20-2007 ~. ^ N _47"8" w sa REFERENCE stJRW:YS ~ - 1322.eo'~' - 2. f I \ SW CAMPUS DRIVE N 88'47'1lS" W 132m. - FOUND ., SQUME CONCRETE MONUWENT IN CASE WITH SMALL NM.. DOWN Q.7' VISlTEO 09-20-2007 SEE REFERENCE SUfM:YS 13 18 ~ s ~ N III I ~~~E.I- a~\'lJ~~ ,,\,p.::><.~60 .~ N ., ,,\,p.::><.o~o"'>J 4I'O-ao"'>J NOI"OIl'OrE ".00'(01) N 0,'37'22" E 80.00' ~=","WA~~ DlSlllICT '210 DEEIl. REC. 129-E..01 _ _ ~303~2~ _ _ I 263,'~' ~~ (N89"12'OTW 284.02' Dl) 2.0 N 8tf47W W ,29.37" I (N89'12"OTW 129.3T D1) "'" FOUND ~ AHO CJrI' . eEl 28101 VISITED 01-02-2008 TRACT D I":;; ~ I NORT1i UHf Of THE SE 1/4 OF THE HE 1/4 OF SECTION 24, TOWNSHIP 21 NORTH. RAHGE 3 EAST. WIl..LAMrn'E N_ -- --- - llO' TRACT B PRIVATE lANDSCAPE II\JFFER ttW:T WEST 500' ,7 FOUND '/W' ....... AND COKrROL CAP. LS 15639 ,";rrED 05-19-2005, \ N ....7'011" W Lsw 341ST PLACE 1i511.87' FOUND REBAR AND CAP. CEI 2810r 19 2006 \;;1 ~ 10 ~\..,.. 4 "\''''~.g006 1I242~ 876 ,,\,p.::><.~~'3 .z4-P1 1 1;/ ~ I 9 5 J;AST2e4' N 8tf47W W 810.02' \ ) 'I 30' WIDE ROAD AND UTIlITY EASEMENT SEE mu: ExCEPnONS NO. '.2. SHEET 8 or . """'A~~ B\JFFER TRACT I E'AST 73r a "tIp..'1 1t f~ f'$J; a f'~-r tJ). ~ V',,\,p.::><. ~48 i .~4-P1 5 .. ,,\,p.::><.~o~; .~ ~I s il "'~ ~I~I I~ I ~I C1l llO' W ::> z w il > <( i I- C1l Cii n 20' W1Dt SAHfTARY SEWER EASEIolfNf SEE TITLE EXCEPTION NO. &. SHEET a OF 6 TRUE POINT Of SECINHINC, EXCEPnON LINE IN L.EQAL FOIl PAlIC[l e 2M.OO' EXCEP1ION mow I..EGAl COHDEUNATION, toNG COUNTY SUPERfOR COURT CAUSE. 9&-2-09423-4 BOt.INDARY LINE AGREEMENT. SEE lJtl.E EXCEPllON NO.8, SHEET 6 OF 6. FOUND REBNt AND CAP, CfJ 28101 VISITED 01-02-200<<1 .,.p.::><.~ooe .~ i SCALE: 1" - 100' ~-- . 100 150 0 100 200 Lw~.,~ FOUND WSDOT MONUMENT CASE WITH ~ SOUME CONCRETE MOHWENT WITH TACK AND lEAD, DOWN 0.8' 0.2 (N) .. 0.7 (E) VISn'EO 51-20-2001 ~~ ~, ~ ~ --..tL!I8'4?,02" w 1327.53'- rOUND 4. SQUARE CONCRETE ~,=,":,::.'" ~ ORANGE CARSONfTE WITNESS POST \1SITlD 08-20-2007 sa REFERENCE SUIMYS -'-. .\} 24 19 1) VACAT\ON Of.1JOl,Ml),MY ~ ~ NO. 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J ; ii i <1l ..s ..s <1l l;I i b1l;1 : l'l........ g t~~; ~ i'i ~ ~ ~ 5 ~ <~~ 9 ~gb ~Vi9t;;~: ~5..Qi~~i!!~~, ~edliii!hs:?~::' ~ 2-1 ~ ~ en w > ce: ..... en - <'I I I -'.M"" -----~-----~ 11 /~,,,, Is / I~ ''> ,....; - - - - -[=~~;'~!jS1 - - Jj - -11 _.~- ----~ ! I :6 i ,OS I", ., \\ j '~'::::=.=.--=.:=--=-=-----==-.=-- ,U)1)19 u .... :s :c ~ Exhibit D RESOLUTION NO. 05-447 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF SAGHALIE FIRS, FEDERAL WAY FILE NO. 04-103295-00-SU. WHEREAS, owner Kevin O'Brien applicd to thc City of Fedcral Way for preliminary plat approval to subdivide certain real property known as Saghalie Firs and consisting of 9.57 acres into thirty-four (34) single-family residential lots at SW 341 ~t Street located east of 21 st Avenue SW;and WHEREAS, on February 5, 2005, an Environmental Mitigated Determination of Nonsign~ficance (MONS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), RCW 43.2IC; and WHEREAS, the Federal Way Land Use Hearing Examiner on April 5, 2005, held a public hearing concerning the Saghalie Firs preliminary plat; and WHEREAS, following the conclusion of said hearing, on April 27, 2005 the Federal Way Land Use Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of the Saghalie Firs 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 WIIEREAS, on May 16, 2005, the City Council Land Use/Transportation Committee considered the record and the Hearing Examiner recommendation on the Saghalie Firs preliminary plat, pursuant to Chapter 20 of the Federal Wtry City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward a recommendation for approval of the proposed Saghalie Firs preliminary plat to the full City Council, except thc Land Use/Transportation Committee recommended to eliminate Findings number eight and nine and Condition number three ofthe Hearing Examiner recommendation; and WHEREAS, on May 16, 2005, the City Council Land Use/Transportation Committee recommended to the City Council to allow clearing and grading of the site as proposed by the applicant in the "Proposed Clear and Grade Alternative. to Control Drainage" (dated received: February 3, 2005); and WHEREAS, on June 7, 2005, the City Council considered the record and the Hearing Examiner recommendation on the Saghalie Firs preliminary plat, and the recommendation of the Res. #05-447, Page I Land Useffransportation Committee pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. NOW THEREPORE, TIlE CITY COUNCIL Of THE CITY OF FEDERAL W ^ Y, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. AdoDtion of Finding.s of Fact and Conclusions. 1. The findings of fact and conclusions of the Land Use Hearing Examiner's April 27, 2005 Report and Recommendation, attached hereto as Exhibit A and incorporated by this referencc, are hereby adopted as the findings and conclusions of the Federal Way City Council, except for findings numbcr eight and nine, and condition number three are not adopted. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. The Federal Way City Council hereby eliminates findings number eight and nine, and condition number three of the April 27, 2005 Hearing Examiner Report and Recommendation, and finds clearing and grading of the site as proposed by the applicant at the time of plat infrastructure will promote efficient construction ofthe site, and eliminate the risk of on-site stormwater ponding. Furthermore, consideration of surrounding zoning and lIses, and the lack of ability for long term preservation of significant trees on the site make the site conducive to clearing and grading at the time of plat infrastructure construction. 3. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, and the establishment of a City Council finding allowing clearing and grading of the site as proposed by the applicant, 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 sate walking conditions for students who walk to and from school. 4. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Aporoval. Based upon the recommendation of the Federal Way Land Use Hearing Examiner and findings and conclusions contained therein as adopted and revised by the City Council immediately above, the Saghalie Firs preliminary plat Federal Way 04-103295-00-SU, is hereby approved subject to conditions as contained in the April 27, 2005, Report and Recommendation of the Federal Way Land Use Hearing Examiner (Exhibit A) as modified by findings and conclusions adopted in Section I above. Res. #05-447, Page 2 Section 3. Conditions of Approval Inteszral. 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 jwisdiction 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 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 S. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City COWlcil. RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF FEDERAL WAY, WASHINGTON, THIS 7 th DAY OF Tnnp ,2005. APPROVED As To FORM: cf/~U~h CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE QIT CoUNCIL: Resolution No. 6/1/2005 6/7 /2005 05-447 Res. # 05-447 , Page 3 Page - 2 ;;6;:1:LICZJ:iiN / '.J R 2 8 2005 .. ...;~J j i '--.... 'i CITY OF FEDERAL WAY l_~.:': . '~.l~~;:~~---j i OFFICE OF THE HEARING EXAMINER --..---.......J IN THE MATTER OF: ) ) ) ) ) FWHE# 05-05 FW# 04-103295-00-SU SAGHALlE FIRS PRELIMINARY PLAT I. SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval to allow a 34 lot residential subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions", and requiring approval pursuant to FWCC Section 20-110. II. PROCEDURAllNFORMA TION Hearing Date: Decision Date: April 5, 2006 April 27, 2005 At the hearing the following presented testimony and evidence: 1. Janet Shull, Contract Planner, City of Federal Way 2. Craig Sears, applicant, 15 lake Bellevue, Ste. 102, Bellevue, WA 98005 3. Jeff Schramm, 16625 Redmond Way, Ste. M-323, Redmond, WA 98052 4. Matt Weber, AHBl, 2215 N. 30th St., Ste. 300, Tacoma, WA 98403 5. Ken Miller, Deputy Public Works Director, City of Federal Way 6. Greg Fewins, Senior Planner, City of Federal Way At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. 2. 3. Staff Report with all attachments Power Point Presentation Letter from Matt Weber to Qary ~(City of Federal Way) dated August 18, 2004 Memorandum to City of FederaIWay.Healing~xaminer from Ken Miller, Deputy Director of Public Works, dated April 19. 2005 Memorandum to City of Federal Way Hearing Examiner from Janet Shull. . .,.~.t'.~~. 4.. 5. EXHIBIT < A PAGE-L-OF \\ Page - 3 dated April 18. 2005 III. FINDINGS 1. The Healing Examiner has heard testimony, admitted documentary evidence into the record, viewed the site, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" with attachments and hereby incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in a generally rectangular, 9.57 acre parcel of unimproved property located southwest of the present terminus of 19th Avenue SWand east of 21s1 Avenue SW within the City of. Federal Way. The applicant requests preliminary.plat approval to allow subdivision of the site into 34 single family residential lots with a minimum lot size of 7,200 square feet, a maximum lot size of 7,545 square feet, and an average lot size of 7,261 square feet. 5. The site plan shows access provided from the north via an extension of 19th Avenue SW along the north property line and a second access provided via a 60 foot wide strip of property extending east from 21 st Avenue SW to the western property line of the site. This future road, known as SW 341 sl Street, will extend through the center of the plat to connect with 19th Avenue SW. Such will create a pass through route through the plat commencing at the intersection of 19th Avenue and SW 3361h St.and terminating at the future intersection of 341 st 51. and 21s1 Avenue. However, the applicant desires to constru~t SW 341st S1. to emergency vehicle access (EVA) standards from the eastern plat boundary to 21st Avenue.to prohibit the above described pass through route. The applicant believes that such route will serve as a "cut-through" and allow drivers to avoid the congested intersection of 336th S1. and 21st Avenue. 6. The applicant submitted a request for modification to allow construction of 34151 Street to EVA standards to the City Public Works Director pursuant to Section . .22-1477 of the Federal. Way City Code (FWCC) which authorizes the DirectQr.to modify, defer, or waive requirements for roadway improvements (Exhibit "3"). The basis for the modification included the lack of alignment with the intersection EXHI81 i A PAGE 2- OE 1 \" Page - 4 . ot SW 34200 St. and 21s1 Avenue as the applicant could not acquire right-ot-way from the Washington State Department of Transportation (through the park-and- ride lot) to allow said alignment. The separation of the 341sl/342nd intersections and the existing bus turn into the park-and-ride lot will measure approximately 115 feet, less. than the intersection spacing requirements required by the FWCC. Th~ separation. from the future SW 34151 Street and SW 34200 Street would measure approximately 90 feet centerline to centerline. The applicant also refers to a letter from the Federal Way School District dated January 13, 2005, (Exhibit "19") wherein the District supported the EVA road due to concerns about the increase of traffic that the pass through route would cause on 19th Avenue SW in front of Saghalie Middle School. The District agreed with the applicant that drivers would have the opportunity to bypass the 33611> Street/21 sl Avenue intersection, and that such increased traffic would detrimentally impact the safety of students/pedestrians crossing 19th Avenue SW to walk to the school and City park. However, the letter also indicates that should the City require construction of a full service road, it should consider traffic calming measures and conversion of the existing crosswalk on 19th Avenue S. to a raised cros~walk. The City responded to the District's concerns by requiring through the SEPA process traffic calming devices on both 19th Avenue and SW 341s1 Street to slow traffic in front of the school and to make the alternative route less desirable. Such would reduce the number of vehicles using the "cut through". In addition, failure to provide a full access to the west to 21s' Avenue would violate several FWCC requirements to include Section 20-151 which encourages subdivision design to distribute traffic to collector street systems "to avoid intrusion or overburden of residential streets". 191t1 Avenue presently provides access to intense commercial uses to include Fred Meyer, and adding traffic from 34 lots would "overburden" said street. Furthermore, Section 20..151(c) FWCC prohibits cul- de-sac streets longer than 600 feet. If SW 341st is not connected, 19th will become a cul-de-sac more than 1,000 feet in length. Section 22-151(d) FWCC limits block perimeters to 2,640 feet for streets, and failure to connect 34151 Street would exceed said standards. While the applicant's traffic engineer asserts that the bypass would accommbdate several thousand cars per day to include "a couple of hundred cars" per hour during the peak period; he did not perform a detailed'analysis. He also determined that the road would accommodate the anticipated volumes, but that the volumes would create safety concerns. The City staff does not agree with the applicant's traffic engineer regarding the number of vehicles using the bypass. Staff points to a similar .situation on..8th Avenue SWbelween SW 356th Street and.SWGampus.Orive~' Traffic counts show a volume of 1, 139vehicle trips per day on said bypass. E;(HIBi. A PAGE 3 O~ Page - 5 7. The Examiner agrees with the Public Works Director's interpretation of the criteria set forth in Section 22-1477 FWCC regarding modification, deferment, or waiver of requirements for roadway improvements. Construction of SW 341 sl Street to full access standards is harmonious with existing street improvements, will function properly and safely, and will be advantageous to the neighborhood and City as a whole. Even though the school district has concerns regarding future traffic volumes, district school buses have difficulty negotiating the intersection of 19111 and 336111 and the completion of SW 341 st Street will provide a much better bus route to Saghalie Middle School. No topographic or physical conditions preclude the construction of the improvements, and proper vertical or horizontal alignments are easily determined. The required intersection with 21s1 Avenue SW will not have a correct alignment with SW 342nd, but the City traffic engineer will grant a modification due to the importance of the connection (Exhibit "12"). While the required improvement does not appear in the City's Six Year Transportation Improvement Program, the comprehensive plan supports its construction. The extension of 19111 Avenue SW and the development of the site into 34 single family lots also "requires its construction. 8. The applicant requests relief from the requirements of Section 20-179 FWCC which reads: a. All natural vegetation shall be retained on the site to be subdivided except that which will be removed for improvements or grading as shown on approved engineering plans... b. Existing mature vegetations shall be retained to the maximum extent possible..... The applicant desires to mass grade the entire site except for small areas in the southwest and northeast portions (Exhibit "15"). The City agrees with the grading plan for the portion of the plat north of the future 341 st Street, but asserts that the portion of the plat south of 341 st Street and north of the internal plat cul-de-sac road does not need filling until development of the lots. The central issue between the applicant and the City concerns the amount of ponding that will occur due to the blockage of drainage pipes under SW 341 st Street following filling which will occur to the north thereof. The applicant asserts that off-site " drainagewiU.cause.flooding. throughout the site and upstream.bas.in. A significant amount of off-site drainage flows across the site from south to north through an existing ditch abutting the south property line and extending onto the EXHISfl A .. _ PAGE--i-OF~ Page - 6 southern portion of the plat. However, the City's conditions of approval allow clearing and grading in the vicinity of the ditch if necessary to ensure that off-site flow is captured and conveyed to the plat storm detention facilities located along the north property line. Staff supports clearing and grading to ensure the continuation of said flow. Thus, the only source of ponding which will occur south of 341 It Street will be drainage from the south 11 +/- acres of the site. Runoff 'trom such a small area will not threat life, safety, or improvements in the vicinity of SW 341 s. Street. Such is especially true as in the Preliminary Technical Information Report (Exhibit "9"), the project engineer writes that runoff from roof surfaces and yards in lots 19 through 34 will be infiltrated into the underlying soils. Thus, much of the rainfall on the southern 11 acres of the site .should infil~rate into the ground. 9. Additional reasons cited for the mass grading exemption would apply to virtually any phased development. Such reasons include wood chips used in site stabilization, truck loads of brush and material hauled off site, provision of temporary erosion control measures, balancing of fill and grade. homes occupied during land clearing and excavation, and less disruption to the neighborhood. The Examiner must assume that the City Council considered these negative impacts along with the desirability of retaining as much vegetation on the site as possible prior to development in its adoption of Section 20-179 FWCC. 10. The site is located within the Residential Single Family (RS 7.2) zone classification of the FWCC, and the Federal Way Comprehensive Plan designates the site as Single Family High Density. The RS 7.2 zone classification authorizes single famity residential homes on minimum lot sizes of 7,200 square feet as outright permitted uses. Abutting parcels to the south, east, and west are also located in the RS 7.2 classification and Single Family High Density designation. Parcels to the north are located in both the Neighborhood Business and RS 7.2 classification. Surrounding uses include a Fred Meyer store to the north and the Saghalie Middle School to the northeast. Vacant parcels abut the south and eas~ property lines. However, a single family residential subdivision is proposed for the parcel to the east. A church.and WSDOT park- and-ride lot ar~ located to the west. 11. The applicant provided a geotechnical engineering study of the site prepared by Earth Consultants, a qualified expert. The. study determined that soils are .suitabJeJ.or.residential dey.elopment. Soilsinclude.a 12inch layer.oftopsoil,. three to five feet of loose to medium dense silty sand with gravel, and very dense silty sand with gravel. Because of wet soil conditions the expert recommends a EXHIBll A PAGE 5 OF-LL.:..- Page - 7 summer earthwork schedule. 12. The topography slopes down from the western and eastern boundaries to a shallow depression that extends through the site from north to south. However. the site has no steep slopes or other geologically hazardous areas. The northern portion of the parcel is forested and the southern portion is vegetated with grass and a few trees. The applicant has identified significant trees and plat approval is subject to an approved tree clearing and landscape plan which meets Section 20-186 FWCC. A wetland reconnaissance performed by a qualified expert concludes that no regulated wetlands exist on the site. The applicant's wildlife habitat assessment letter concludes that no State endangered. threatened. or sensitive wildlife species or habitats are present on the site. 13. The applicant proposes to pay a fee in lieu in providing on-site open space, and the City PARCS Director has agreed to the payment. Section 20-155 FWCC requires an open space fee of 15% of the assessed land value as calculated at the time of final plat approval. 14; As previously found, an extension of 19th Avenue and a newly constructed SW 341st Street will provide access to the site. An inte"rnal plat cul-de-sac extending south from 19th A ve'nue SW near the south property line will prOVide access to lots 25 - 34. A second cul-de-sac road extending north from 341 st Street will provide access to lots 9 -18 and the Tract C storm drainage pond. 15. Landscape requirements include a ten foot wide, Type 3 landscape buffer along all exterior property lines and abutting non-residential uses. However, landscaping of the Tract C and D storm drainage facilities must meet Public Works standards. 16. All internal and exterior roads providing access to lots must meet all FWCC requirements and all such right-of-way areas must be dedicated to the City. The applicant will improve all plat roads to full street standards with the exception of the southern portion of 19th Avenue SW and the western portion of SW 341 at Street where the City has authorized two-thirds street improvements. The applicant must construct both 1911\ Avenue and SW 341st Street to local access standards which include 36 feet of pavement, vertical curb and gutter. four foot planter strip with street trees, five foot wide sidewalk, street lights, and a three .. ....-Joot wide.utility .stripwithin.a.60.foot-wide right~.of..way. 341$! Street will have a two-thirds street improvement from the western plat boundary to the 21st Avenue intersection where it will once again have a full width with 35 foofradii. The two EXHIBIT A PAGE <D OF---'L- Page - 8 cul-de-sac rOads must meet local access standards to include 28 feet of pavement with vertical curb and gutter, four foot wide planter strips with stre.et trees, five foot wide sidewalks, and three foot wide utility strips with street lights within a 52 foot wide right-of-way. Mitigating measures in the MONS require a $5,400 proportionate share payment to improvements at the SW 34811\ Street/1st Avenue South intersection anda $42,210 proportionate share payment to improvements at the 10111 Avenue SW/SW 3441h Street intersection for a total mitigation cost of $47,610. 17. The applicant will pay school impact fees to the Federal Way School District to offset the impact of school aged children residing in the plat. The school district reviewed the school access analysis provided by the applicant and has requested installation of traffic calming devices in the area of the school which the MONS requires. No bus stops presently exist for elementary school students in the area, and the closest bus stop for Decatur High School is located at SW 19th Place and 20lh Place. The applicant and school district have agreed to coordinate needed bus stops within the plat. 18. The Lakehaven Utility District has provided a Certificate of Water Availability indicating that it can provide both domestic water and fire flow to the site. The district has also provided a Certificate of Sewer Availability which confinns its capacity to serve the proposed development through a Developer Extension Agreement. 19. The applicant will design and install all storm drainage facilities in accordance with the 1998 King County Surface Water Design Manual and the City's amendments thereto. Due to its location within the West Branch Hylebos Creek Basin, the applicant must detail how the project will meet the special requirements of the basin plan. The preliminary design proposes to collect and convey water through a series of pipes and catch basins into two storm drainage detention ponds which will include water quality treatment facilities. The facilities must provide Levell flow control and resource stream protection menu water quality treatment. The City has determined that the proposed facilities meet said standards. The applicant will also provide an additional on-site storage capacity . of 1.11 acres to alleviate downstream flooding per the requirements of the 1996 Comprehensive Surface Water Facility.Plan. .. -20. .--.,.Priorto-obtaining-preliminary plat-approval-the applicant must establish that the request satisfies the criteria set forth in Section 20-126(c) FWCC. Findings on. each criteria are hereby made as follows: EXHIBIT A PAGE-J-OF: \ \' Page - 9 A. As previously found, the project is consistent with the Single Family High Density designation of the comprehensive plan. B. Compliance with the provisions of FWCC Chapter 18 "Environmental Policy", Chapter 20 "Subdivisions, Chapter 22 "Zoning", and all other applicable codes and regulations will ensure consistency of the project will all applicable provisions of the FWCC.including those adopted by reference from the comprehensive plan. C. The project is consistent with the public health, safety, and welfare as it will meet all applicable codes and regulations. D. The project is consistent with ~II design criteria set forth in Section 20-2 FWCC. The proposed subdivision provides an effective use of land, promotion of safe and convenient travel on streets, and for the housing needs of the community. E. The preliminary plat is consistent with the development standards listed in Sections 20~151 through 157 and 20-178 through 187 assuming compliance with conditions of approval to include construction of roads and retention of vegetation during filling and grading of portions of the ~~. . . IV. . CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The proposed preliminary plat of Saghalie Firs is consistent with the Single Family High Density designation of the comprehensive plan and meets all bulk regulations of the RS 1.2 zone classification. 3. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, othef..public ways,-transit.stops, fire-protection, sanitary waste, parks and. recreation. . playgrounds, schools and school grounds, and safe walking conditions. EXHIBll~ PAGE E3 A OFJI Page - to 4. The proposed preliminary plat satisfies all applicable requirements of the FWCC to include Section 20-126(c) and will serve the public use and interest by providing an attractive location for a single family residential subdivision convenient to a park- and-ride facility, schools, parks, and commercial retail facilities. Therefore, the preliminary plat should be approved subject to the following conditions: 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Final review of the storm drainage engineering plans will occur in conjunction with full engineering review. 2. Due to the existing site soil conditions, a seasonal clearing restriction frof'!l October 1 to April 30 shall be required. 3. Clearing limits for the construction of the plat improvements (roads, ponds, and utilities and approximately 17 of the proposed lots) shall be generally consistent with the clearing limits depicted on the modified Proposed Clear and Grade Alternative Site Plan (Exhibit "16"). The clearing limits identifi~d on the plan sheet referenced above are the approximate clearing .limits necessary for road, utility, pond, and necessary lot grading due to topographic conditions that would provide for the functioning of the proposed on-site storm drainage wetponds and alleviate large areas of on-site flooding. The clearing and grading limits on the approved plan 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. RECOMMENDATION: It is hereby recommended that the Federal Way City Council approve the preliminary plat of Saghalie Firs subject to the conditions contained in the conclusions above. EXHIBIT' A PAGE ~ OE -', If , . . Page - 11 TRANSMITTED THIS 27th DAY OF April, 2005, to the following: AGENT: AHBl Lisa Klein 2215 North 30th Street,Ste. 300 Tacoma, WA 98403-3350 ENGINEER: AHBl Matt Weber, P.E. 2215 North 30th Street, Ste. 300 Tacoma, WA 98403-3350 OWNER: Saghalie Firs LLC Kevin O'Brien Jeffrey E. Hamilton 7947 159th Place NE, Suite 100 Redmond, WA 98052-4306 Jeff Schramm TENW 16625 Redmond Way, Ste M-323 Redmond, WA 98052 Craig Sears 15 Lake Bellevue, Ste. 102 Bellevue,WA 98005 Tom Vasilaos 16622 178th AvenueNE Woodinville. WA 98072 city of Federal Way clo Chris Green P.O. Box 9718 Federal Way, WA 98063-9718 EXHIBIT A PAGE \0 DE J) , Page - 12 CITY COUNCIL REVIEW, ACTION Pursuant to Section 20-127, following receipt of the final report and recommendation of the hearing examiner. a date shall be set .for a public meeting before the city council. The city council review of the preliminary plat application shall be limited to the record of the hearing before the hearing examiner, oral comments received during the public meeting (so long as those comments do not raise new issues or information not contained in the examiner's record) and the hearing examiners written report. These materials shall be reviewed for compliance with decisional criteria set forth in section 20-126. The city council may receive new evidence or information not contained in the record of hearing before the hearing examiner, but only if that evidence or information: (i) relates to the validity of the hearing examiner's decision at the time it was made and the party offering the new evidence did not know and was under no duty to discover or could not reasonably have discovered the evidence until afterthe hearing examiner's decision: or (ii) the hearing examiner improperly excluded or omitted the evidence from the record. If the city council concludes, based on a challenge to the hearing examiner recommendation or its' own review of the recommendation, that the record compiled by the hearing examiner is incomplete or not adequate to allow the city council to make a decision on the application, the city council may by motion remand the matter to the hearing examiner with the direction to reopen the hearing and provide supplementary findings and/orconclusions on the matter or matters specified in the motion. After considering the recommendation of the hearing examiner, the city council may adopt or reject the hearing examiner's recommendations based on the record established at the public hearing. If, after considering the matter at a public meeting. the city council deems a change in the hearing examiner's recommendation approving or disapproving the preliminary plat is necess~ry. the city council shall adopt its own recommendations and approve or disapprove the preliminary plat. As part of the final review, the city council may require or approve a minor modification to the preliminary plat if: (a) (b) (c) The change will not have the effect of increasing the residential density of the plat; The change will not result in the relocation of any access point to an exterior street from the plat; The change will not result in any loss of open space or buffering provided in the plat; and The city determines that the change will not increase any adverse impacts or . . undesirable effects of the project and that the change does not significantly alter the prOjecC. . . - (d) EXHIBfi A PAGE--\\..-OF: ,,' Exhibit E RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASIDNGTON, APPROVING THE SAGHALIE FIRS FINAL PLAT, FEDERAL WAY, W ASIDNGTON, FILE NO. 07-105459-00-SU WHEREAS, on AprilS, 2005, the Federal Way Hearing Examiner conducted a public hearing on the preliminary plat application resulting in the April 27, 2005, Recommendation of the Federal Way Hearing Examiner; and WHEREAS, the Saghalie Firs preliminary plat, City of Federal Way File No. 04-103295-00-SU, was approved subject to conditions on June 7, 2005, by Federal Way City Council Resolution No. 05-447; and WHEREAS, the applicant submitted the final plat application for Saghalie Firs, within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 05- 447; and WHEREAS, the City of Federal Way's Department of Community Development Services and Public Works Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval and final plat decisional criteria, and their analysis and conclusions are set forth in the March 10, 2008 Final Plat Staff Report, which is hereby incorporated by reference as though set forth in full; and WHEREAS, conditions resulting from the February 5, 2005 State Environmental Policy Act Mitigated Determination of Nonsignificance (MDNS), as discussed in the March 10, 2008 Final Plat Staff Report have been satisfied; and WHEREAS, the City Council Land Use/Transportation Committee considered the application and staff report for the Saghalie Firs final plat at its March 17,2008 meeting, and recommended approval by the full City Council; and Doc. 1.0. 43673 WHEREAS, the City Council reviewed and considered the Staff Report and the application for Saghalie Firs final plat during the Council's April 1, 2008 meeting. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The Saghalie Firs.final plat, CitY of Federal Way File No. 07-105459-00-SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. 2. Based on, inter alia, the analysis and conclusions in the Staff Report, which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and schools and school grounds as are required by City Code, or which are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions listed in the June 7, 2005 Federal Way Resolution No. 05-447, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code Section 20-135. 5. All required improvements for final plat approval have been made and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all required plat improvements as identified in the March 10,2008 Saghalie Firs Final Plat Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid or will be paid, prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section 1 above, the Saghalie Firs final plat, City of Federal Way File No. 07-105459-00-SU, is approved. Doc. J.D. 43673 Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the King County Department of Records. The applicant shall pay all recording fees. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority, and prior to the effective date, ofthe resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS DAY OF ,2008. CITY OF FEDERAL WAY Mayor, Jack Dovey ATTEST: City Clerk, Laura Hathaway, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No: Doc. 1.0. 43673 ~il~ ]~ ,= II ffi ~': " 'i!~ I: v' ii~ "~ II~ .i~ ii~ I!~ i!~ II "" !!~ ii rn il~ il '" il z: li~ li~ :,~ ii<-- li~ I I Ii II I Ii Ii ~i f--+.) '.~ I -i I ~g~~ ~Q'.;!.?i -,,- :g c..!. +:~. :5""' ~~ 'l-...{.ti"l-~~ : ~. ~ '~dh ~ r:r,jl'ffj'. ! ." tj".1 T -::r'o. 'l{l~ . '" :i.l~i:;:.ti!l":. I! ~ ;~ ! ri: I 'if.l' !If!;;I,- ~ ." ",H l. ~>!ii IJ:! >i i :; H:~~ ~ ~;pi Ii:, Ii: . g: t~,f "t it"'~J ,..a-J. ~'1 r l; lj;i i i.l.1! Ili~I_' .: !,l{! ~ h~ it i r ' ~t J.~~~ ~ ~ i:j i= ii 1,-; "" -i . I !l ,'0:;, Hit · . t i'.~ '. .;. ".., II 1 ,~': ",If ,r I .h ,: i , 1 ~f !. . Ii .-,1 ''.>It'( h OJ'1 1 r" z"'--=-" ~_~ ".. ,. 1 f< . r . I ' . d.. ~lF~h-.. H l!:l'~ I; lit Ii ~,. ;! f ~ - J !.j' i~ -. S ,. 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'Jl"'~~/~' COUNCIL MEETING DATE: April 1, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: COTIAGE HOUSING ORDINANCE AMENDMENT POLICY QUESTION: Should the City Council approve an amendment to Ordinance 06-533 to allow one additional cottage housing demonstration project? COMMITTEE: LUTC MEETING DATE: April!, 2008 CATEGORY: D Consent D City Council Business IZI Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: Janet Shull, AICP, Senior Planner DEPT: Community ._.....__.........._............_.._.__..........__...__...___.__._.............._..__._..._...._____._...__..._._.._____......_.___..._....._...._._......_.........____............_______.___._......._...__~~ve~~~~.!._s..~~~~_..__.____._ Staff is proposing an amendment to Ordinance 06-533 (Cottage Housing Ordinance) to allow one additional demonstration project. Attachments: Staff report outlining the proposed ordinance amendment with following exhibits: 1). Draft amended Cottage Housing ordinance; 2). Cottage Housing Ordinance No. 06-533; and 3). Site/landscape plan and proposed elevations for the proposed Cottages at Redondo (AKA Sawyer Cottage Housing) demonstration project proposal. Options Considered: 1. Approve the proposed ordinance amendment. 2. Do not approve the proposed ordinance amendment. 3. Modify the proposed ordinance amendment and approve as modified. ....~-._._...._..._-_._~..._..__...._._-_..._....__._-_.............................-.....................-.....--.--......................--.--.............--.....................-........--..--.--.--....-................................................................--_...........................................................-.----.-....---.-...-......- STAFF RECOMMENDATION: Staff recommends Council approve the proposed ordinance amendment. CITY MANAGER ApPROVAL: to Council DIRECTOR ApPROVAL: to"~ to omnnttee To Council COMMITTEE RECOMMENDATION: Forward the Final Plat to full Council on April! for approval. Linda Kochmar, Chair Dini Duclos, Member Jim Ferrel, Member PROPOSED COUNCIL MOTION: "I move approval of the proposed amendment to Ordinance 06-533. " (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 - 0210612006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ~. ...-----. ~ CITY OF ~ Federal Way CITY COUNCIL COMMITTEE STAFF REPORT DATE: To: VIA: FROM: March 11, 2008 Land Use/Transportation Committee (LUTe) Cary Roe, Assistant City Manager thet1-. Greg Fewins, CDS Director Janet Shull, AICP, Senior Planner SUBJECT: Cottage Housing Ordinance Amendment MEETING DATE: March 17, 2008 POLICY QUESTION Should City Council amend Ordinance 06-533 (Cottage Housing Ordinance) to increase the number of cottage housing demonstration projects from two to three? BACKGROUND On February 15,2005, the Land Use & Transportation Committee (LUTe) placed consideration of cottage housing on the Planning Commission's 2005 work program. The Planning Commission conducted a Public Hearing on June 21, 2006 and following the public hearing submitted to the City Council LUTC its recommendation that the City Council adopt the proposed Cottage Housing ordinance as recommended by staff. On July 17, 2006 the LUTC considered the recommendation of the Planning Commission and requested the draft ordinance be modified to regulate cottage housing as demonstration projects. On August ~, 2006, the LUTC moved to forward the cottage housing ordinance to full City Council without a recommendation. On September 5, 2006 the City Council considered the proposed Cottage Housing Ordinance and reduced the staff-recommended number of demonstration projects from four to two. On September 19, 2006, the City Council approved cottage housing per Ordinance 06-533 which outlined the development standards and demonstration project selection process and criteria (Exhibit 2). Following adoption of Ordinance 06-533, a procedure for submitting cottage housing demonstration project proposals and selecting eligible projects were established. Three cottage housing demonstration project proposals were submitted prior to the established deadline. The three proposals were evaluated against the cottage housing selection criteria established by Ordinance 06-533. Neighborhood meetings were conducted on each proposal and each was evaluated by a Cottage Housing Selection Committee. The committee membership was comprised of city staff and members of the development community. Following staff, neighborhood and selection committee evaluation, all three proposals were found to have merit. One proposal, "Sawyer Cottage Housing", was found to meet all criteria for selection with the exception of: providing for a high level of quality development in the areas of architectural design and building materials. Staff and members of the selection committee, felt that the proposed site and site plan for the Sawyer Cottage Housing project were quite successful in meeting the objectives of cottage housing development, and that if the housing design could be improved the proposal would make an excellent demonstration project. Ultimately, the other two cottage housing proposals were selected by the Director to proceed to formal development application as cottage housing demonstration projects. Based on the input from Selection Committee members, the Director advised the applicant for the Sawyer Cottage Housing proposal, that if they were willing to work on revisions to cottage housing design to demonstrate that they could achieve the criteria for high level of quality in architectural design and building materials, staff would be willing to bring their proposal to the City Council to request that City Council consider allowing a third demonstration project. The applicant was advised, that their project could only proceed as a demonstration project via an amendment to Ordinance 06-533, and that such action could not be guaranteed. However, the applicant for the Sawyer Cottage Housing proposal did elect to revise the cottage housing architectural design with the assistance ofa different architect and submitted revisions on January 5, 2008 (Exhibit 3). Staff reviewed the revised cottage housing proposal (now referred to as "Cottages at Redondo") and determined that the revisions did improve the architectural design significantly. The resubmitted proposal now meets all of the established cottage housing selection criteria. Therefore, staff is asking the City Council to consider amending Ordinance 06-533 to allow this one additional project to proceed as a demonstration project for a total ofthree demonstration projects. No other changes to the Cottage Housing ordinance are being requested. SUMMARY OF PROPOSED ORDINANCE AMENDMENT The staff-requested amendments to Ordinance 06-533 are shown as strikeout (proposed deletions) and bold-underline (proposed additions) (See Exhibit 1 for proposed Ordinance). Section 3. Demonstration Projects. The City Council has determined that it is in the public's interest to allow only a limited number of cottage housing developments as demonstration projects. The city shall limit the number of cottage housing demonstration projects to a maximum oftwe three. Demonstration projects will be selected, at the Director of Community Development's discretion, using the selection guidelines detailed below in section 4. After the seeeOO third demonstration project has been approved and at least 50 percent ofthe dwelling units constructed and approved for occupancy by the city building division, the code amendments adopted in Section 5 below may remain in place with no demonstration project requirement. If, however, Council determines, based on evaluation of the demonstration projects, that the code amendments are not in the public's best interest, Council may amend or repeal the cottage housing code provisions. Section 4. Selection Criteria. The City shall use a competitive selection process to determine which cottage housing developments shall move forward through the permitting process. The City may approve up to twe three cottage housing developments pursuant to this ordinance. Applications for cottage Doc. 1.0. 2 housing developments shall be submitted and docketed on a schedule determined by the Director of Community Development. Applicants shall hold a community meeting to gather input and suggestions from the neighborhood. Mailed notice shall be provided to property owners within 300 feet of the subject property. City staff shall attend the meeting. Applicants shall then have an opportunity to consider comments received and, if appropriate, modify their proposal in response to neighborhood concerns. The Director of Community Development shall have the discretion to determine which applications, if any, will be selected to be submitted as formal applications based on the code, input from the community meeting and the following criteria: (a) Consistency with the purpose of the article as specified in the purpose section of the code. (b) Demonstration that the project has been designed with sensitivity to adjacent properties and that impacts with regard to parking, building height, building bulk, lot coverage, setbacks, screening, open space and aesthetics associated with the proposed project are substantially equivalent to impacts expected to be associated with development of conventional housing on the subject property. (c) Demonstration that the project will result in a highly attractive environment, which incorporates a high level of quality throughout the development, including but not limited to the following areas: I. Architectural design 2. Building materials 3. Open space 4. Parking The Director may limit the project's density to less than twice the number of conventional single-family dwelling units that would otherwise be permitted, but not less than 1.75 the number of conventional single-family dwelling units, if necessary to ensure compatibility with surrounding development. The Director may select, select with modifications or deny an application. The decision by the Director of Community Development selecting cottage housing developments to advance to the formal submittal phase shall be in writing and shall be the final decision ofthe city. STAFF ANALYSIS AND FINDINGS Doc. 1.0. 3 1. The increase in number of dernonstration projects from two to three as proposed by the amendments and will not change the overall goals, development standards or selection criteria for cottage housing development. OPTIONS 1. "Recommend that the full Council adopt an ordinance approving the proposed amendments to Ordinance 06-533 as recommended by staff." 2. "Recommend that the full Council adopt an ordinance approving the amendments to Ordinance 06- 533, with modification, as determined by the LUTe." 3. "Recommend that the full Council disapprove the proposed amendments." Staff Recommendation Option 1: "Recommned that City Council adopt an Ordinance amending Ordinance 06-533 as recommended by staff and attached as Exhibit' 1 ' . LIST OF EXHIBITS Exhibit 1 Exhibit 2 Exhibit 3 Proposed Ordinance amending Ordinance 06-533 Cottage Housing Ordinance 06-533 Cottages at Redondo (AKA Sawyer Cottage Housing) proposed site plan and cottage elevations. Doc. 1.0. 4 Exhibit 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASIDNGTON, AMENDING ORDINANCE NO. 06- 533 TO INCREASE THE MAXIMUM NUMBER OF DEMONSTRATION PROJECTS FROM TWO TO THREE. (AMENDING ORDINANCE No. 06-533) WHEREAS, the Federal Way City Council enacted Ordinance No. 06-533 on September 19, 2006, establishing amendments to Federal Way City Code (FWCC) text to allow cottage housing developments, including Compact Single Family dwelling units, in the RS 7.2, RS 5.0 and RM zoning classifications; and WHEREAS, Ordinance 06-533 specifies that cottage housing shall be regulated as demonstration projects; and WHEREAS, Ordinance 06-533 specifies that a maximum of two demonstration projects shall be permitted; and WHEREAS, three proposals were submitted for cottage housing demonstration projects; and WHEREAS, all three demonstration project proposals were found to meet the criteria established for cottage housing demonstration projects; and WHEREAS, the City Council considered a proposed amendment to Ordinance 06-533 at its April I, 2008 meeting to allow one additional cottage housing demonstration project to be selected for a total of three demonstration projects; and WHEREAS, after full and careful consideration, the City Council of the City of Federal Way finds that the proposed amendments are consistent with the Findings and Conclusions set forth in Ordinance 06-533 and will not adversely affect the public health, safety, or welfare; Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section I. Section 3 of Ordinance No. 06-533 shall be amended to read as follows: Demonstration Proiects. The City Council has determined that it is in the public's interest to allow only a limited number of cottage housing developments as demonstration projects. The city shall limit the number of cottage housing demonstration projects to a maximum of twe-three. Demonstration projects will be selected, at the Director of Community Development's discretion, using the selection guidelines detailed below in section 4. After the seeeae third demonstration project has been approved and at least 50 percent of the dwelling units constructed and approved for occupancy by the city building division, the code amendments adopted in Section 5 below may remain in place with no demonstration project requirement. If, however, Council determines, based on evaluation of the demonstration projects, that the code amendments are not in the public's best interest, Council may amend or repeal the cottage housing code provisions. Section 2. Section 4 of Ordinance 06-533 shall be amended to read as follows: Selection Criteria. The City shall use a competitive selection process to determine which cottage housing developments shall move forward through the permitting process. The City may approve up to twe three cottage housing developments pursuant to this ordinance. Applications for cottage housing developments shall be submitted and docketed on a schedule determined by the Director of Community Development. Applicants shall hold a community meeting to gather input and suggestions from the neighborhood. Mailed notice shall be provided to property owners within 300 feet of the subject property. City staff shall attend the meeting. Applicants shall then have an opportunity to consider comments received and, if appropriate, modify their proposal in response to neighborhood concerns. The Director of Community Development shall have the discretion to determine which applications, if any, will be selected to be submitted as formal applications based on the code, input from the community meeting and the following criteria: (a) Consistency with the purpose ofthe article as specified in the purpose section of the code. (b) Demonstration that the project has been designed with sensitivity to adjacent properties and that impacts with regard to parking, building height, building bulk, lot coverage, setbacks, screening, open space and aesthetics associated with the proposed project are substantially equivalent to impacts expected to be associated with development of conventional housing on the subject property. (c) Demonstration that the project will result in a highly attractive environment, which incorporates a high level of quality throughout the development, including but not limited to the following areas: 1. Architectural design 2. Building materials 3. Open space 4. Parking The Director may limit the project's density to less than twice the number of conventional single- family dwelling units that would otherwise be permitted, but not less than 1.75 the number of conventional single-family dwelling units, if necessary to ensure compatibility with surrounding development. The Director may select, select with modifications or deny an application. The decision by the Director of Community Development selecting cottage housing developments to advance to the formal submittal phase shall be in writing and shall be the final decision of the city. Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 4. 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 hereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this ,2008. day of CITY OF FEDERAL WAY Mayor, Jack Dovey ATTEST: City Clerk, Laura Hathaway, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: Exhibit 2 ORDINANCE NO. 06-533 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASmNGTON, ESTABLISHING A SELECTION PROCESS FOR COTTAGE HOUSING DEMONSTRATION PROJECTS, ESTABLISHI~G A MAXIMUM 'OF TWO DEMONSTRATION PROJECTS AND ESTABLISmNG, ZONING REGULATIONS CONSISTING OF A NEW ARTICLE OF THE ZONING CODE, TITLED "COTTAGE AND COMPACT SINGLE FAMILY HOUSING" AND AMENDING FEDERAL WAY CITY CODE (FWCC) ARTICLE I, SECTION 22-1 TO ADD A DEFINITION OF 'COTTAGE HOUSING DEVELOPMENT', AND ARTICLE XI, SECTION 22-631 AND 22-666 TO ALLOW COTTAGE HOUSING IN THE .RS 7.2, RS 5.0 AND RM ZONING CLASSIFICATIONS (AMENDING ORDINANCE Nos. 90-43, 90-51, 91-87, 91-92, 91-100, 91-105, 91-113, 93-170, 94-223, 95-245, 96-269, 96-270, 97-295, 97- 296, 97~300, 97-307,99-337, 99-348, 99-353, 99-357, 00-363, 01-385, 02-424,03-443,04-457,04-468) WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23,1998, September 14, 2000, November 1,2001, March 27, 2003, and July 20, 2004; and WHEREAS, the city's comprehensive plan calls for developrnent of innovative and flexible land use regulations to allow infill development and diverse housing types and specifici1l1y calls for consideration of cottage housing; and WHEREAS, the Growth Management Act and the King County Countywide Planning Policies encourage provision of a wide range of housing types to meet the needs of the full range of households size and income levels within the region; and WHEREAS, amendments to the Federal Way City Code (FWCC) text are authorized pursuant to FWCC Section 22-216 pursuant to Process VI review; and WHEREAS, the City of Federal Way City Council has considered the proposed amendments to the FWCC, to allow cottage housing developments, including Compact Single Family dwelling units, in the RS 7.2, RS 5.0 and RM zoning classifications, attached hereto as Exhibit 1 and incorporated by this 1 ' reference, ("Proposal"); and WHEREAS, the Federal Way City Council, pursuant to FWCC Section 22-517, having determined the Proposal to be worthy oflegislative consideration, referred the Proposal to the Federal Way Planning Commission for its review and recommendation; and WHEREAS, an environrnental Determination of Nonsignificance (DNS) was issued for the proposal on May 13, 2006 and no comments or appeals were received and the DNS was finalized on June l2tb,2006;and WHEREAS, the proposal was sent to state agencies for review as required by the Growth Management Act on May 16,2006 and the state agency review period expired on July 14,2006; and WHEREAS, the l"ederal Way Planning Commission having considered the Proposal at a study session meeting on September 21, 2005 and a public hearing on June 21, 2006, pursuant to FWCC Section 22-534, and all public notice having been given pursuant to FWCC Section 22-521; and WHEREAS, following the public hearing, Planning Commission submitted to the City Council Land Useffransportation committee its recommendation that the City Council adopt the Proposal as recommended by staff; and WHEREAS, the City Council Land Useffransportation Committee, on July 17, 2006 considered the recommendation of the Planning Commission and requested the draft ordinance be modified to regulate cottage housing as demonstration projects; and WHEREAS, the City Council Land Useffransportation Committee, on August 7, 2006 moved the proposal forward to the full City Council without a recommendation; and WHEREAS, the City Council considered the proposed ordinance and code amendments at its September 5, 2006 meeting and reduced the nurnber of demonstration projects from four to two; Now, TIlEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: e Section 1. Findings. The City council of the City of Federal Way makes the following findings with respect to the Proposal: A. The best interests and general welfare of the City of Federal Way would be served by amending the zoning code to allow demonstration cottage housing developments in specified zoning classifications because: 1. Cottage and Compact Single Family housing provide more-affordable single- family ownership opportunities for small families than housing options currently available within the city; and 2. Cottage and Compact Single Family housing provide a type of housing that is desirable to a growing demographic of small families, but which is currently unavailable within the city; and 3. Cottage housing developrnents provide high-quality functional open space in residential areas; and 4. Cottage housing developrnents encourage neighborhood interaction and safety through design; and 5. Cottage housing developrnent standards are designed to ensure compatibility with neighboring single-family land uses and developments; and 6. Cottage housing developrnents further the goals of the Growth Management Act by meeting urban density objectives and providing opportunities for infill development. B. Dernand for cottage housing. has been high in recently built projects in north and east King County. Property owners in Federal Way and builders in the community have contacted staff and expressed an interest in cottage housing developments over the past year. C. Adoption of the zoning amendments will help implement the goals and policies of the housing chapter of the comprehensive plan by allowing opportunities for innovative infill housing projects, while ensuring that new housing types implernent measures to achieve compatibility with surrounding development. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the findings set forth in Section 1, the Federal Way City Council makes the following conclusions of law with respect to the decisional criteria necessary for adoption of the proposal: 1. The proposed amendments are consistent with, and substantially implement. the following comprehensive plan goals and policies: HG} Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character HPI High-density housing projects, with the exception of senior housing, will not be permitted in existing single-family neighborhoods. More moderate densities such as cottage housing will be considered. HG2 Involve the community in the development of new housing to a degree that is consistent with the scale of impact on surrounding neighborhoods. HG3 Develop a Comprehensive Plan and zoning code that provide flexibility to produce innovative housing solutions, do not burden the cost of housing development and maintenance and diversify the range of housing types available in the City. HP13 Continue to use design guidelines to ensure that new infill developments have aesthetic appeal and blend into surrounding development. HPI5 Review zoning, subdivision and development regulations to ensure that they further housing policies and don't create unintended barriers. This is of particular importance for small lot and cottage housing developments. In order to facilitate small lot and cottage housing developments, it is particularly important to revise, as necessary, the subdivision and development regulations that govern their development. HP16 As appropriate, reduce minimum lot sizes to allow construction of smaller, detached Single-family houses on smaller lots. HP17 Increase capacity and encourage greater diversity of housing types and costs for both infill and new development through various methods, such as inclusionary zoning, density bonuses, transfer of development rights, cluster housing, cottage housing, garden housing, duplexes and low to moderate density housing types. HP19 Increase the amount of undeveloped open spaces in both infill and new development parcels, by expanding the use of cluster development and allowing housing techniques such as lot averaging and zero lot line standards. HP20 Establish administrative procedures to permit innovative housing designs and techniques, provided they are of high standard and consistent with the FWCP. r--.-..---.-----....-- --.-.--:---.--.__._____ __ _.__ ._..__ ___~ HP21 Continue to provide incentives such as density bonuses for multi-family housing, and expand the types of incentives offered to encourage new developments to include affordable housing. HP22 Periodically review and update development regulations to incorporate opportunities for new housing types. HP27 Ensure that any new affordable housing required by the City remains affordable through some tool approved by the City, such as recording a lien on the property. In the case of homeownership projects, the lien can be structured as a deferred second mortgage to the homebuyer, due upon sale if the subsequent buyer does not meet the income eligibility standards. 2. The proposed text amendment bears a substantial relationship to the public health, safety or welfare because it allows a type of housing that is CUQ"el1tly lacking in the south King County marketplace. The amendment would result in an increase in housing supply and ~iversity, which would benefit public welfare. The amendment would result in safe and comlmunity oriented project designs, which would benefit public health and safety. 3. The proposed text amendment is in the best interest of the residents of the city because it facilitates increased housing choice and opportunities, while implementing measures necessary to ensure compatibility with surrounding development. The amendments would result in creation of high -quality functional open space in residential ar~. The amendment would result in safe, attractive community-oriented projects that allo~ more efficient delivery of public services. The proposed arnendment provides opportunities for property owners to develop infill type lots. Section 3. Demonstration Projects. The City Council has detennined that it is in the public's interest to allow only a limited number of cottage housing developments as demonstration projects. The city shall limit the number of cottage housing demonstration projects to a maximum of two. Demonstration projects will be selected, at the Director of Community Development's discretion, using the self!ction guidelines detailed below in section 4. After the second demonstration project I has been app~oved and at least 50 percent of the dwelling units constructed and approved for occupancy by the city building division, the code amendments adopted in Section 5 below may remain in place with no ,demonstration project requirement. If, however, Council determines, based on evaluation:ofthe demonstration projects, that the code amendments are not in the public's best interest, Council may amend or repeal the cottage housing code provisions. Section 4. Selection Criteria. The City shall use a competitive selection process to determine which cottage housing developments shall move forward through the permitting process. The City may approve up to two cottage housing developments pursuant to this ordinance. Applications for cottage housing developments shall be submitted and docketed on a schedule determined by the Director of Community Development. Applicants shall hold a comrnunity meeting to gather input and suggestions from the . neighborhood. Mailed notice shall be provided to property owners within 300 feet of the subject property. City staff shall attend the rneeting. Applicants shall then have an opportunity to consider comments received and, if appropriate, rnodify their proposal in response to neighborhood concerns. The Director of Community Development shall have the discretion to determine which applications, ifany, will be selected to be submitted as formal applications based on the code, input from the community meeting and the following criteria: (a) . Consistency with the purpose of the article as specified in the purpose section of the code. (b) Demonstration that the project has been designed with sensitivity to adjacent properties and that impacts with regard to parking, building height, building bulk, lot coverage, setbacks, screening, open space and aesthetics associated with the proposed project are substantially equivalent to impacts expected to be associated with developrnent of . conventional housing on the subject property. (c) . Demonstration that the project will result in a highly attractive environment, which incorporates a high level of quality throughout the development, including but no,t limited to the following areas: 1. Architectural design ,2. Building materials 3. Open space 4. Parking The Director may limit the project's density to less than twice the number of conventional single-family dwelling ~its that would otherwise be permitted, but not less than 1.75 the number of conventional i' single-fa~ily dwelling units, if necessary to ensure compatibility with surrounding development. The ! Director may select, select with modifications or deny an application. The decision by the Director of Community Development selecting cottage housing developrnents to advance to the formal submittal phase shall be in writing and shall be the final decision of the city. Sek::tion 5. Amendment. The City Council hereby amends FWCC Chapter 22 as set forth in the attached EXhibit A. Section 6. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 7. Ratification. Any act consistent with the authQrity and prior to the effective date of this ordinat)ee is hereby ratified and affirmed. Se1tion 8. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its pas~age, approval, and publication, as provided by law. i P A~SED by ~~PJ I the City Council of the City of Federal Way this /qfl...- day of , 2006. CITY OF FEDERAL WAY ~~~ ayar, Mic c APPROVED Ai~ TO FORM: ; '. ~~,~-'--'~ City Attorney, Patricia A. Richardson FILED Wrm THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: 8/31/06 9/19/06 9/23106 9/28/06 ()6..533 \, ~ .:-; Article XII. COTTAGE AND COMPACT SINGLE FAMILY HOUSING Sections: 22-xxxx 22-xxxx 22-xxxx 22-xxxx Purpose Applicability Developrnent Standards Modifications 22-xxxx Purpose. The purpose of this Article is to: (1) provide housing types that are responsive to changing household demographics (e.g., retirees, small families, single parent households, single person households, dual-owner households); (2) provide opportunities for more-affordable housing within single- farnily neighborhoods; (3) encourage creation of functional usable open space in residential communities; (4) prornote neighborhood interaction and safety through design; (5) ensure compatibility with neighboring uses; and(6) provide opportunities for infill development consistent with goals of the Growth Management Act. . 22-xxn Applicability. Other articles of this chapter shall be applicable to Cottage and Compact Single. Family (CSF) Housing Developments, which collectively, are referred to as Cottage Housing Developments (COOs). Where a conflict arises the provisions of this article shall control. COOs are permitted in the RS 5.0 and 7.2 zones and all RM zones. 22-nxx Development Standards. COOs shall be subject to the following developrnent standards. (a) Cottage Housing Development Size. (1) CHDs are not permitted on sites less than .75 acres in size (a site may be composed of rnore than one contiguous lot). (2) CHDs shall contain clusters consisting of a minimum of 4 dwelling units and a maximum of 16 units. In RS 5.0 and 7.2 zones, no more than 12 dwelling units are permitted in a CHD, unless additional dwelling units are permitted subject to subsection (m) below. A CHD may be integrated into a larger conventional subdivision. Maximurn nurnber of dwelling units is not limited in the RM zoning classifications. (b) Locational Criteria. (I) A CHD in an RS zone shall be separated from another COO by a minimum o~ 660 feet measured between the closest points of the subject properties. (c) Calculation of Cottage and Compact Single Family Units (1) The following steps shall be utilized to determine the number of cottage and CSF units permitted on a given site: (a) In the RS zones the applicant shall submit a proforma site plan showing the number of conventional dwelling units that would be permitted by the underlying zoning classification. (b) The number calculated in subsection (c)(l)(a) above shall be multiplied by two. Fractional numbers of.5 or greater shall be rounded up. Fractional numbers less than .5 shall be rounded down. The resulting number is the number of Dwelling units permitted on the site, subject to the rnaximUDl identified in subsection (a)(2) above. EXHIBIT A (""(7> o:?-f)(NI>U.~ PAGE I OF F EXHIBIT 3 PAGE 1 OF l~ (c) In the RM zones one dwelling unit is permitted for each 2,500 square feet of lot area based on gross lot size. (d) CSF units shall not exceed 35% of total dwelling units regardless of the zone. Fractional numbers of .5 or greater shall be rounded up. Fractional numbers less than .5 shall be rounded down. (d) Cottage and Compact Single Family Unit Size. (1) Cottage floor area shall be between 800 and 1,100 square feet. (2) CSF unit floor area shall be between 1,100 and 1,300 square feet. (3) Floor area is the area within the surrounding exterior walls, but excluding space where the floor to ceiling height is less than six feet. Floor area does not include covered porches. The Director of Community Development shall use appropriate discretion, consistent with the intent of this Article in determining area to be counted in the calculation of maxirnum square footage. (e) Common Open Space. . (I) A minirnurn of 500 square feet of common open space shall be provided per dwelling unit. (2) Common open space within a CHD shall be a minirnum of 3,000 square feet in size, regardless of number of dwelling units. (3) No dimension of a common open space area used to satisfy the minimum square footage . requirement shall be less than 10-feet, unless part of a pathway or trail. (4) In subdivisions and short subdivisions, common open space shall be located in a separate tract or tracts. (5) Required common open space shall be divided into no more than two separate areas per cluster of dwelling units. (6) Common open space shall be improved for passive or active recreational use. Examples may include, but are not limited to courtyards, orchards, landscaped picnic areas or gardens. Common open space shall include amenities such as seating, landscaping, trails, gaze1)os,barbeque facilities, covered shelters or water features. Surface water managernent facilities shall not be located in a common open space area. (f) Private open space. Each dwelling unit shall provide a minimurn of 400 square feet of private front yard space. (I) Examples include lawn area, courtyards and patios. (2) No dimension of a private open space area used to satisfy the minimum square footage requirement shall be less than 9- feet. (g) Site Design. (1) A rninimum of 75 percent of dwelling units shall abut the common open space. (2) Common open spaces shall have dwelling units abutting at least two sides. (3) Lots in CHDs are not required to abut a public street right-of-way. (4) Siting of dwelling units or common open space in areas with slopes exceeding 15 percent is not encouraged. Dwelling units shall not be placed in such areas if extensive use of retaining walls is necessary to create building pads, or open space areas. (h) Design Standards. (1) Dwelling Units shall have a minimum 6: I 2 roof pitch. Up to 35 percent of roof area may have a slope not less than 4:12. Portions ofa roof with a pitch less than 6:12 shall be limited to architectural features such as dormers, porch roofs and shed roofs. (2) Each dwelling unit abutting a public right-of-way (not including alleys) shall have a primary entry and covered porch a minimum of 80 square feet in size, oriented towards the public right-of-way. If abutting more than one public right-of-way, the applicant, with city input, shaH determine which right-of-way the entrance and covered porch shall be oriented towards. EXHIBIT A (TO ~"IItNCJL) PAGE Z- OF ~ EXHIBIT 3 PAGE io OF Ira 2 (3) Each dwelling unit shall have an entry and covered porch oriented towards the common open space. If subject to (h)(2) above, this may be a secondary entrance with covered porch; a minimum of 50 square feet in size. If not subject to (h)(2) above this shall be a primary entrance with covered porch, a minirnum of 80 square feet in size. (4) Covered porches shall be a minimum of 6 feet deep. (5) Dwelling units shall not have the appearance of "tall-skinny houses". As a guideline, dwelling units should not appear to exceed a ratio of one to one (ridge height to width) as viewed from off-site. (6) DwelIing units shall not include attached garages unless the garage abuts an alley or sbare4 parking lot. The first 200 square feet of attached garage space shall not be counted towards maximum dwelling unit size allowance. (7) Detached garages and carports associated with individual dwelling units shall not exceed 500 square feet in size (detached garages or carports shall not count towards maximum cottage or CSF unit size allowance). (i) Parking. (1) A minimum of 1.8 parking spaces per cottage and 2 parking spaces per CSF unit shall be provided for the entire development. Fifteen percent oftotal required spaces shall be desigaated for guests. (2) All ori a portion of new on-street parking provided as acornponent of the development rnay be counted towards minirnurn parking requirements if the Director of Community Development finds that such parking configuration will result in adequate parking for the CHD. (3) Garages and carports shall have a minimum 6:12 roof pitch. (4) No more than 50 percent of covered parking spaces may be carports. (5) Garage doors shall not be oriented towards a public right-of-way with the exception of an alley. (6) No s~ared garage or carport may exceed 800 square feet in size. (7) Garages and carports shall not be located between the common open space and the dwelling units. (8) Surface parking lots shall be broken into sub lots of no more than 8 parking spaces. Sub lots shall be separated by landscaped bulb-outs a minirnum of l2-feet in width. (9) Parking in the form of garages, carports or surface lots may occupy no more than 40 percent of site frontage on a public right-of-way, except in the case of an alley, in which case no restriction applies. On-street parking is permitted along the entire frontage. (10)Surface parking lots shall be setback IS-feet from front property lines and 10-feetfrom external side and rear property lines. (11 )Surface parking lots of rnore than 2 spaces, visible frorn a public right-of-way (not including alleys) or adjacent single-family uses or zones shall be screened by landscaping and/or architectural features pursuant to FWCC 22-1567(e). 0) Height. Dwelling units shall not exceed 18 feet in height, as defined in FWCC 22-1, "height of structure" and in no case shall the ridge of the roof exceed 24 feet from average building elevation. (k) Setbacks and Building Separation. Dwelling units shall have 15-foot front and 5-foot side and rear yard setback requirernents. Dwelling units shall be separated by a minimum of 10- feet, not including projections, as identified in FWCC 22-1133(4). Dwelling units and accessory buildings shall be separated by six feet. Dwelling units not abutting or oriented towards a right.;of-way shall have a front yard oriented towards the common open space. The Director of Community Development may use appropriate discretion, consistent with the intent of this Article, in determining orientation of yards in CHDs. EXHIBIT PAGE 3 ACn OF r cepit" IvJ<:,e) EXHIBIT 3 PAGE II OF 3 I'" (1) Lot Coverage. Lot coverage in CHDs shall not exceed 60 percent of gross site area. Lot coverage shall be calculated for the overall CHD, not for individual lots. Paved components of common open space areas and walkways shall not be counted in lot coverage calculations. (m) Affordable Housing Bonus in RS Zoning Classifications. In the RS zones, CHDs that include affordable units may exceed the base level of 12 dwelling units up to a total of 16 dwelling units (assuming adequate overall lot size). One half of all dwelling units over the base level of 12 must be affordable (for example, a total of four additional dwelling units may be permitted if two of these are affordable). (l) Affordable cottages shall be sold at a price which is affordable for a 2-person household with an annual income equal to or less than 80 percent of median income. Affordable CSF units shall be sold at a price which is affordable to a 3-person household with an annual incorne equal to or less than 80 percent of median income. The Director of Community Development shall prepare administrative guidelines for calculation of sale price and determination of income eligibility. (2) Affordable dwelling units shall have the same appearance and utilize the same exterior rnaterials as market rate dwelling units and shall be dispersed throughout the CHD. (3) A deed, covenant or title restriction shall be recorded on the deed/title of affordable dwelling units. The restriction shall effectively maintain the units as affordable for a period of not less than 15 years from initial occupancy. The restriction shall be in a form acceptable to the Director of Community Developrnent (n) Common Area Maintenance. CHDs shall be required to implement a mechanism, acceptable to the Director of Community Development, to ensure the continued care and maintenance of CHD common areas. A typical example would be creation of a home owner's association or condominium association with authority and funding necessary to maintain the common areas. (0) General Provisions. (1) CHDs in the RS zones are permitted as subdivisions, short subdivisions or condominium developments. CHDs in the RM zones are permitted as subdivisions, short subdivisions, condominium developments or multi-family developments. (2) A community building, not exceeding 2,000 square feet, may be provided for the residents of the CHD. Roofpitch, architecture, materials and colors shall be similar to that of the dwelling units within the CHD. (3) An existing single-family home incorporated into a CHD, that does not meet the requirements of this article is permitt~d to remain on a site developed for cottage and CSF housing. Modifications or additions to the structure not consistent with the provisions of this Article shall not be permitted. (4) Accessory Dwelling Units are not permitted in CHDs. (5) CHDs may not utilize the cluster subdivision provisions ofFWCC Chapter 20. (6) For those CHDs processed as formal or short subdivisions, all development standards of this article shall be reviewed by the Director of Community Development as a component of the preliminary plat or short plat review process. For all other CHDs the development standards of this article shall be reviewed as a component of process III or IV review (see use zone charts for required review process). In either case this shall include review of conceptual building elevations. 22-xxu Modifications. Applicants may request rnodifications to the open space, site design, design standards, setbacks and parking provisions of this article. The Director of Community Development may rnodify the above referenced provisions of this article if all of the following apply: (a) The site is constrained due to unusual shape, topography, easements or critical areas. (b) The modification is consistent with the purpose of the article as stated in FWCC 22-xxxx. EXHIBIT AC~ O:ZD/NAf\ItG-) PAGE if OF i EXHIBIT 3 PAGE ;z OF 1& 4 (c) The modification will not result in a project that is less compatible with neighboring land uses. EXHIBIT. Aln Cr.J-ldANa) PAGE s OF <g EXHIBIT 3 PAGE i; OF If; 5 ~ ...l Pz c.o.= ~tj~~..- f 6~~~j:: .... -"'-~s o ~~~~! NNNNe:lo .~~~~~< ~O-OO\ $ 1;( . ~ ~g S" ~~. ~ ~ R." B. 5' ~ ~ ! Jj ... ;i! ~ ~ i ."t ~ ~ <l M I H irir ir ..~. R- R- rO . iT iT ~i1t ~p' ~ ~ t i ~[ ~. ~ i~ ~ .~ 5' ~ ~ .' Q..('t "d: ~I li. j 6! :; [ 8- ~ .:.~ i , t[ ~ i _r 00 ~ ~ 5 a:' p: J ~ = . ~ .:. ~ ~ ~ ... .. ~ .p '" a ~ iJ ,. Y\ 2 ~ ~( 8fU Ufill! "Iin~! tint! ~li' !!os of~ ~. N N I ~ ~ (II 0\ g ~ '0 at J. [ S; Co ~ l en _ ~ !. <:r c: (II l:l ~ ~ ~. W Q. S. 9- (II ~ ::t. [ r< (2 en ~ g. ~ ~ N g (II g. ~. n - S if ~ ~ ::t. ~ ~ 8- !5 (t en en a 8> ~ S' e: '" en n n ::t. o ~ <=~ rn tol UREGULATI0NS z o ~ Required Review Process t:1 ~ ~ 'rl 5:~ 1:[ -<16! 8"~ e; '" ~[ 0 :tl " Q. 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C Q. -<E if g- as. ~ "'[ g :::. 5. C ~:I: ~ : ~. ~ if .~ ~~ III l'"l :z: ~ Required Review Process Lot Size Front Side (each) Rear Lot Coverage Height of Structure COoN ~. ~-g =.. Required ~. Parking Spaces en "'C:1 l"'.l ~ ~ ~ ~ ~ (5 Z 00 ~ Z o ~ l"'.l 00 N ~~ EXHIBIT .3 PAGE /5 OF /& w w , t ~ g> = t:: tD o i: ~. g. c- 51 c- o ~ : !: ~ a. g' 5 F o ~. it c- s' go en S' ~ ~ .... ~ ~ >: o-i oc:: Zoo "'~ ~ ~ ~ e ~ a. o e 8- g ~ C'I> o - ()> S- S. e: en en o n a. o !=! ~ .. ~ - III .. ~ = ~ CI.l e- ll!. 7 ~ ~. - '< " fll rIl 5: fll = - .. 11 - ~ -- Amend FWCC 22-1 to add the following definition: Cottaee Housing Develooment (CHD) means residential development consisting: of clusters of between 4 and 16 detached dwelling units. that include cottages and may include Compact Single Family- units and meet the followinsz criteria: (1) Dwelling units are limited to a maxirnum SQuare footage: and (2) Dwelling units are grouped around a common open space~ and (3) Develo{>ments meet a set of design criteria not applicable to tvoical silllzle-familv developments as stipulated in Article XII of this Chapter. File #05-1049451 Doc;. J.D. 36417 ,".< . 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'-' :c I.l.l ~ ~I ..-I ... f- ~ i I ;.) ~ I I '-' 8 l.r) ! ..... 6 ~ ~ ~ n 1111 < Q) .... u.J n ~ ~ I" ~ -< " u ill 8 ~ '" '-' COUNCIL MEETING DATE: April I, 2008 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: COMMUNITY CENTER TRANSIT SERVICE POLICY QUESTION: Should the City send a letter to King County expressing concern about the lack of transit service to the Community Center? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 17,2008 CATEGORY: [8] Consent D Ordinance D City Council Business D Resolution _~!~~~.~.!..q~!}~y_:.~~~~!.'.~!.~~.._~.:~:.._g~~.!~~ff!~~J.l:giJ.l:~~~..~_.._ D Public Bearing D Other DEPT: Public Works Attachments: Land Use and Transportation Committee Memorandum dated March 17,2008. Letter to King County dated April 2, 2008. Options Considered: 1. Send the attached letter to King County. 2. Do not send the attached letter. STAFF RECOMMENDATION: Staffre ends Option I. CITY MANAGER ApPROVAL: Council DIRECTOR ApPROVAL: /?A~ '(;'o~tteJ- COWICiI COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the April 1,2008 City Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: HI move approval of staff's recommendation, to send the attached letter to King County. " (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 # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: March 17th, 2008 Land Use and Transportation Committee Cary M. Roe, P.E., Assistant City Manager, Chief Operations Officer, Emergency Manager Rick Perez, P .E., City Traffic Engineer ~ Community Center Transit Service BACKGROUND: A recurring concern has been the lack of scheduled transit service to the Community Center. Staff had requested that King County Metro staff consider the possibility of serving the site and had been led to believe that a response would be forthcoming in September 2007 in time to potentially begin service in February 2008. The attached e-mail provides King County's response, which was not received until February 14,2008. Essentially, there is not enough slack in the schedule of Route 903 to allow for the diversion. To make up the time lost would require going through Celebration Park, which would leave I st Avenue S without transit service between S 320th Street and S 333rd Street. Another option would be to re-route Route 182 through Celebration Park, but this would eliminate transit service to the Multi-Service Center. For the time being, Route 903, as a Dial-A-Ride route, can divert to serve the Community Center, but only during off-peak hours (roughly 9:00 am to 3:00 pm and after 6:00 pm). These diversions must be requested 24 hours in advance. Staffhas drafted the attached letter for the Council's consideration. cc: Project File Day File Federal Way Community Center & Route 903 Page 1 of 1 Rick Perez - Federal Way Community Center & Route 903 From: To: Date: Subject: CC: "Johnson, Doug" <DougJohnson@kingcounty.gov> <rick. perez@cityoffederalway.com> 02/14/2008 10:19 AM Federal Way Community Center & Route 903 "Lattemann, Jack" <Jack.Lattemann@kingcounty.gov> Rick, this message is a follow-up to our phone call the other day regarding options for extending Route 903 over to the Federal Way Community Center. Again, I apologize for not closing the loop on this last Fall and getting back to you regarding our evaluation of the routing options. The most direct routing for the 903 to access the Community Center would be to divert off of 1 st Way S via S 333rd Street, looping through the facility and then returning back to 1st via 333rd. This diversion, from 1st to the Community Center and back, takes about four minutes and was the fastest routing we could come up with. The other option via S 336th Street, 9th Avenue S, and 333rd was slightly longer, at about five minutes. The concern we have with this reroute is with the additional running time required given that the Route 903 already has a very tight schedule. The 903 operates as a live loop as each trip leaves the Federal Way Transit Center, circulates through West Federal Way and returns back to the Transit Center, with approximately 45 minutes allotted for this, plus any additional time for midday deviations off the fixed routing for passenger pick- up/drop-off. To provide effective service to the Community Center, the 903 should serve the facility in both directions, while headed outbound to West Federal Way and again while headed inbound back to the Transit Center, which would add about 8 minutes of running time to the overall routing. Route 903 is interlined with Route 901 at the Federal Way Transit Center and as the 901 also operates a live loop, all recovery/layover time for both routes takes place at the Transit Center. While the recovery time varies by trip and time of day, this is typically about five to twelve minutes between trips. Adding eight minutes to the 903 (round) trip with an extension to the Community Center would place additional strain upon the existing schedule, with many trips running late or with little or no recovery time. As the Community Center is located within the Route 903's DART area, it is already possible to use the 903 to access this facility during the midday. Route 903 operators will accommodate rider's who request a trip deviation over to the Community Center and the DART reservation call center will schedule midday 903 trips to divert over to the facility in response to a call-in request. The deviation to the Community Center is to be considered a high priority and the drivers and call center staff will make every effort to accommodate these trips. We are certainly willing to consider any other viable options for providing service to the Community Center, while trying to maintain existing service levels. This could include routing revisions to operate between S 324th Street and either 1st Way S or S 336th Street via the new arterial connection through Celebration Park, although we may have some concern about this roadway, particularly the three speed humps. We would also need to take into consideration the existing routing segments which would no longer have service such as along 1st Avenue S between S 333rd and 320th Streets. Please let me know if you have any questions or need any other information regarding Route 903 and the service options for the Federal Way Community Center. Thanks. . Note: My e-mail address has changed to: doug.johnson@kingcounty.gov. f e c e e g ef c e g e g e ~ Federal Way CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalwaycom April 2, 2008 Mr. Kevin Desmond General Manager King County Department of Transportation Metro Transit Division KSC- TR -0415 King Street Center 201 S Jackson Street, Room 415 Seattle, WA 98104-3856 Re: Transit Service to Federal Way Community Center Dear Mr. Desmond: The City of Federal Way wishes to express its concerns about the lack of scheduled transit service to our new Community Center. This facility has the potential to generate a significant number of transit trips throughout the Federal Way community, but its success is somewhat hampered by the lack of direct transit service. Metro and City staff collaborated to develop some options for serving the Community Center. A potential re- route of Route 903 was the leading alternative considered, but was eventually rejected by Metro staff due to schedule constraints. Streamlining the routing between the Community Center and Federal Way Transit Center would result in a total loss of service on I 51 Avenue S between S 320th Street and S 333rd Street, a corridor where multi-family homes predominates. A similar re-route of Route 182 was considered but rejected because it would remove transit service from the Multi-Service Center, an important social service agency to the local community. It is our understanding that this problem could be resolved with the addition of one van to Route 903 in order to assure that recovery time is provided at Federal Way Transit Center. Had we been aware of this limitation, we could have considered this in a service partnership proposal. However, the delay in receiving the results of the staff analysis precluded that opportunity. Therefore, we would like to know how we can effect this change for the betterment of the community and transit system ridership. If you have any questions please feel free to call me at (253) 835-2700. Sincerely, Jack Dovey Mayor JD:RP/dl cc: City Council (7) Neil 1. Beets, City Manager Cary M. Roe, PE, Assistant City Manager Marwan Salloum, PE, Deputy Public Works Director Rick Perez, PE, City Traffic Engineer Project File Day File k:\Iutc\2008\03-17-08 community center transit service letter. doc