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Council PKT 07-15-2008 Regular AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall July 15,2008-7:00 PM (www.dtyoffederalway.com) ***** 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS . Certification of Appreciation - Outgoing Diversity Commission Member Suzanne Smith . City Manager Emerging Issues Introduction of New Employees Fourth of July Update 4. CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: Approval of the July 1, 2008 Regular Meeting b. 2008/2009 Diversity Commission Business Plan c. Amendment to Diversity Commission By-laws d. Wildwood Playground Replacement e. Community Center Cafe Request to Bid f. Historical Society Lease Agreement g. King County Special Property Tax Levy Agreement h. Contract with CTED for partial funding of the West Hylebos Wetlands Boardwalk Project 1. Resolution: S. 320th Place Preliminary Plat Small Lot Demonstration J. Resolution: Brighton Park Final Plat Approval k. Resolution: Setting the Public Hearing Date for the Vacation of a portion of South 320th Street 1. Grant Funding for Transportation Projects 6. CITY COUNCIL BUSINESS a. Regional Jail Facility Discussion b. Extension Request - United Properties/Symphony Project c. City Manager Evaluation 7. INTRODUCTION ORDINANCES a. Federal Way Village Rezone Ordinance Amendment 8. CITY COUNCIL REPORTS 9. CITY MANAGER REPORT 10. ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND ALSO ON THE CITY'S WEBSITE. ~ S? ;,. ~ t:l n ~- ~ '"' ~ tT1 ;:s ;0;- - ~ S? ;:s \:::I (D '" 0- i ~ ~ ::= - ~ " ::; ,~ 8": .- :0 """" n ~ ~ f/J ,...., ~ 2' ,~ s ~ VI S 0 - ~ ~ S2. n .., ::r ~ @ 0- ~ ~ '" ~ ~ ~ s.. ~ '< ~ ~ "'" ::l 0 '" '" >-+, ~ .., '" ~ ~ s.. <......, '" c ""t ~ .., 9" ~ ~ ~ N ~ ~. 0 f::l 0 ~ 00 ~. ~~ ~ ~ ""': ~ ~ 7J1 f::l ""t ~ tT1 """""~~ = ~. ""': ~ ~~~ = '"'0 0 -nS ~ f::l ~ = ~ tD~ ~~~ = v., ~ c." ('tl ~.f::l ~ ~ ;::; ..... CD ~ ~ ~ ('tl ~ 7J1 ~ ~ ~ ~ ..... ~ ~ ~ ~ ~. ~ ~ :3 0 OJ ;;,:. ~ ,,' ~ f::l '"' ~ ~~ - "'" ~ ..,. l:l <;;. ~ ~ ~. ~ ~ ~ .., 0 ,;0;- '"' ~ ;::;- ~ ""t ~ =- n '" ~ i5 t:J ~~f::l ~ s ..., ~ S2. n ~ ~ ~ ~ ~ "'- ~. f::l.. tT1 '< '"' [ ~ ~ ~ ;:- <:>- ~ '~ ~ '" c n .., '" .., -. f::l '" ~ s.. ""t '" ~ f::l.. .., ~ . ~ ~ * ~ 0 Z COUNCIL MEETING DATE: July IS, 2008 ITEM #: Sa CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should Council approve the draft minutes of the July I, 2008 Regular Meeting? COMMITTEE: Not Applicable MEETING DATE: Not Applicable CATEGORY: IZI Consent D City Council Business ~!~~.'!.~!Q~!~:X:!.Y.:l.'.~.1.p.p.!.~~~~!.~..._.. Attachments: Draft meeting minutes of the July I, 2008 Regular City Council Meeting. Options Considered: I. Approve the minutes as presented. D Ordinance D Resolution D D Public Hearing Other DEPT:NotApplicabk ................................--...... .......................................................-...............--......"............ 2. Amend the minutes as necessary. STAFF RECOMMENDATION: Staff recommends approving the minutes as presented. CITY CLERK ApPROVAL: N/A DIRECTOR ApPROVAL: N/A Committee N/A Council Committee COMMITTEE RECOMMENDATION: Not Applicable PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED". (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 # FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall July 1,2008-7:00 PM MINUTES (www.cityoffederalway.com) ***** 1. CALL MEETING TO ORDER M~ypr Doyey called the meeting to order at 7:00 PM. Councilmembers Burbidge, Duc1os,Ferrell, Kochmar, Park and Deputy Mayor Faison present. 2. PLEDGE OF ALLEGIANCE Cameron Walls led the Flag Salute. 3. PRESENTATIONS · City Photo Contest Award Winners Mayor Dovey thanked all participants in this year's photo contest and introduced the winners. · City Manager Emerging Issues Introduction of New Employees City Manager Beets had no new employees to introduce but asked Chief Wilson to update the public on laws regarding fireworks in the City for the upcoming Fourth of July holiday. Chief Wilson reminded that fireworks are illegal in the City except at a licensed event and stated safety is the Police Department's number I priority. Police will be out enforcing the fireworks laws. 4. CITIZEN COMMENT H. David Kaplan - asked for a report on the number of incidences regarding the Fourth of July holiday at the next City Council meeting. Marilvn Gates - asked for an amendment regarding the City's Sign Code; asked that restrictions be lifted for real estate agents. She also submitted written comments. Betty Tavlor - asked for assistance in getting the management at The Commons Mall to upgrade their scooters for disabled patrons. Karla Kolibab - asked for a sign code amendment to allow for advertising of the farmers market and other community events Carol Stopoer- also asked for a sign code amendment to allow for advertising ofthe farmers market and other community events. She suggested a reader board on 320th. Federal Way City Council Regular Meeting Minutes July 1, 2008 - Page 2 of 4 Joni Ribera - asked for a sign code amendment in regards to real estate signs. She stated the process to get them back from the City is cumbersome and the signs can be very expensive. Hal Finley - asked for a sign code amendment in regards to real estate signs. Richard Menti - also asked for a sign code amendment for real estate signs. Sam Pace - Association of Realtors - stated that real estate open house signs playa large role in directing people to houses for sale. Mr. Pace submitted written comments stating the necessity of real estate sign in the home-buying process. Mayor Dovey asked Assistant City Manager Roe to work with Ms. Taylor on her issue and referred the sign code amendment requests to the Land Use/Tram~portation Committee. 5. CONSENT AGENDA a. Minutes: Approval of the June 17,2008 Regular & Special Meetings - Approved b. Vouchers - Approved c. Monthly Financial Report - May 2008 - Approved d. Acceptance of Grant Funding from the W A Traffic Commission and Purchase of Motorcycles for Police Traffic Unit - Approved e. Acceptance of Grant Funding for Transportation Improvement Projects- Approved f. Bid Award - SOO Gallon Above Ground Fuel Tank - Approved g. Date Setting for Public Hearing on the 2009-20 14 Transportation Improvement Plan- Approved h. 2008/2009 Commute Trip Reduction Contract Amendment - Approved 1. 1 Oth Ave. S Stormwater Improvement Project - S 308th Lateral Drainage Intercept Project and Outlet Channel Modification Project Status Update and Request to Combine the Three Projects - Approved J. Resolution: Ming Court Final Plat Approval MOTION: Deputy Mayor Faison moved approval of the Consent Agenda as presented. Councilmember Duclos second. The motion carried 7-0. 6. CITY COUNCIL BUSINESS a. Resolution: ST2 Ballot Measure City Manager Beets reviewed the Resolution before the City Council stating the Council has previously gone on record supporting the ST2 proposal. This latest Resolution will further define Federal Way's position endorsing a route that extends at least to 272nd Street as the potential southerly terminus point. This proposed route will provide a clear nexus with established park-and-ride stations as well as provide a clear route for potential expansion to Tacoma in the future. Mr. Beets continued to state this resolution urges the Sound Transit Board to adjust the duration if its package to IS years. Federal Way City Council Regular Meeting Minutes July 1, 2008 - Page 3 of 4 MOTION: Councilmember Kochmar moved approval ofa Resolution expressing appreciation for 272nd Street as a potential light-rail transit southerly terminus point for an ST2 Package and urging Sound Transit to bring light-rail transit at least to that point. Councilmember Burbidge second. The motion carried 7-0. 7. CITY COUNCIL REPORTS Councilmember Kochmar reported the Puget Sound Regional Council Executive Board has agreed to approve contingency funding for the Pacific Highway S. HOV lanes. She thanked staff for their hard work on the upcoming Red, White and Blues FestivaL CouncilmemberBurbidge thanked the public for their citizen comments; reported the next meeting of the ParksIRecreationlHuman Services/Public Safety Committee is scheduled for July 3, 2008; and update the Council/community on upcoming community events including the RWBs Festival on July 4, 2008. Councilmember Duclos attended a water quality coloring contest recently at Lakehaven Utility District and toured the facility; she thanked the public for their comments tonight, and reminded people to please leave their pets indoors during the 4th of July. Councilmember Ferrell wished everyone a safe and happy 4th of July and thanked staff for their work on the Sound Transit Resolution. Deputy Mayor Faison reported the King County Growth Management Planning Council approved a change in the North Highline Potential Annexation Area. The change allows the City of B uri en to move forward with a public vote for the annexation after consulting and negotiating with the City of Seattle. Mayor Dovey reported the next Town Hall meeting is scheduled for July 7,2008 at the Community Center and reported on a recent event honoring mentors for school age children. He stated more mentors are needed and asked anyone interested in becoming a mentor to contact the Federal Way School District. 8. CITY MANAGER REPORT City Manager Beets stated the Executive Session is scheduled to last approximately 4S minutes with no action. Council adjourned to Executive Session at 7:S0 PM to discuss the following: 9. EXECUTIVE SESSION a. Evaluation of a Public Employee Pursuant to RCW 42.30.11O(1)(g) b. Potential Litigation Pursuant to RCW 42.30.11 0(1 )(i) 10. ADJOURNMENT Mayor Dovey adjourned the regular meeting at 9:36 PM. Federal Way City Council Regular Meeting Minutes July 1, 2008 - Page 4 of 4 ATTEST: Laura Hathaway, City Clerk Approved by Council on: .......---...-...............................-..........--..----..-............._...._._-_........-........._................._...__.....~.......-..-....--.-............................................-.-....-.........-.....-....-.-.........................--.......-...........-.......-....-................--.....................--...-.....-......................- COUNCIL MEETING DATE: July IS, 2008 ITEM #: 5b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2008/09 Diversity Commission Business Plan POLICY QUESTION: SHOULD THE CITY OF FEDERAL WAY ACCEPT THE DIVERSITY COMMISSION BUSINESS PLAN FOR 2008/09? COMMITTEE: PRHSPS MEETING DATE: July 8, 2008 CATEGORY: 1ZI Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other STAFF REpORT By: L YNNETTE HYNDEN, HUMAN SERVICES MANAGER DEPT: Community Development ........._....._._..............................._........__....._...................._.._..........................._._....._._._................................~~EY-i.~~.I.?.~.P.~I.!l:.~..nt................_...._._.._.... Attachments: . Memorandum to PRHSPS Council Committee Dated June 16, 2008 . 2008/09 Diversity Commission Business Plan. Options Considered: I. Recommend approval of the 2008/09 Diversity Commission Business Plan. 2. To amend the proposed 2008/09 Diversity Commission Business Plan. 3. Do not recommend approval of the 2008/09 Diversity Commission Business Plan. ................................-.................................-.....................-..--...-..........---.................-.....-....-.--.................................................-..........-..............--...........--.............---.-.-....................-...........-....-..............................-.......-....................-..............-.--.........-..-..................................-...............- STAFF RECOMMENDATION: Option 1 is recommended. CITY MANAGER ApPROVAL: ~ DIRECTOR APPROVAL: ~ Committee (/IN\. Council' Council COMMITTEE RECOMMENDATION: "1 MOVE TO APPROVE OPTION ~ PROPOSED COUNCIL MOTION: "1 move approval of option _" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACfION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # Memorandum Date: From: To: Via: Subject: June 16, 2008 J \11 / Lynnette S. Hynden, Human Services Manager./~ PRHSPS Council Committee Cary Roe, PE - Assistant City Manager ~ 2008/09 Diversity Commission Business Plan Backe:round Each year the Diversity Commission developed their yearly business plan during the summer months. Efforts were made to review and research why the Diversity Commission developed their business plan during mid-year rather than at the onset of each year which also would conclude at the end of each calendar year. The mid-year cycle was explored to review what if any impact there would be if the Commission were to change their Bylaws and develop their yearly business plan at the beginning of each calendar year. The historical accounts regarding the intent of the Bylaw's language does not support the continued need to have the Commission's Business Plan developed on a mid-year cycle. Therefore, the Diversity Commission is proposing, the attached 2008/09 Business Plan be adopted and approved to cover the remaining of this year, 2008 and encompass all of 2009. Starting in 2010, the Diversity Commission, if the amended Bylaws are adopted, will begin developing their Business Plan each January with the expectation that the Business Plan be adopted by Council no later than March or each year. The Commission felt rather than retreat again in 6-months that the attached Business Plan is appropriate and adequate to address their program agenda aligned with the Mission and Purpose of the Commission. At the Commission's June 11,2008 retreat, they developed and approved the attached proposed 2008/09 Business Plan. The primary activities of the Business Plan include, but are not limited to, the following: . The Martin Luther King, Jr. annual event in addition to other "projects" opportunities as they present themselves during the year. . Evaluate the results of the upcoming City of Federal Way survey currently in process and scheduled to be executed this summer. Specifically, the Diversity Commission is seeking information to locate service gaps for Federal Way citizens and address such gaps. . Developing partnerships with faith based communities, human services agencies and schools to increase coordination, marketing and outreach efforts to promote awareness and collaboration around diversity issues. The Business Plan is attached for your review. Option 1: Recommend approval of the 2008/09 Diversity Commission Business Plan. Option 2: Recommend to amend the proposed 2008/09 Diversity Commission Business Plan. Option 3: Do not recommend to approve the 2008/09 Diversity Commission Business Plan. Staff Recommendation: Approve the 2008/09 Diversity Commission Business Plan, Option 1, and forward to the full Council for approval at the July 15, 2008 City Council Meeting. Diversity Commission Recommendations: On June 11, 2008 the Commission approved staff s recommendation by adopting the attached Business Plan. City of Federal Way Diversity Commission 2008/09 Business Plan Purpose: Advises the City Council on policy matters involving the community's cultural and ethnic differences, ensuring that these differences are considered in the decision-making process. Mission: To help Federal Way become a community which is united amidst diversity, where each individual is respected, equally valued, equally needed and equally cherished. Equality is not sameness; it is equivalent value. 1. Make recommendations to City Council to ensure differences are considered in decision-making process. Tasks · Review the preliminary evaluation of the proposed policies being considered by the City Council and determine if they apply to the Commissions purpose and mission. · Review any proposed changes to City polices which impacts the community's cultural and ethnic composition. · Recommend to the City Council whether the City should adopt proposed policies based on the Mission and within the Commission's purpose. 2. Conduct projects that promote the mission and purpose of the Diversity Commission. Potential Tasks · Martin Luther King Event: Manage the 2009 Martin Luther King, Jr. celebration, Senior High School Summit and partner with local organizations to complete a community service project. o Review funding available. o Review and evaluate community partnerships. . Other Projects: o Review funding available. o Review and evaluate community partnerships. 3. Work closely with all levels of City government to promote continued support of the City's Diversity Programs. Potential Tasks · Regularly attend the Council Committees and City Council meetings when issues pertaining to the mission and purpose of the Diversity Commission are presented. 4. Conduct outreach and public education efforts within the Federal Way community. Inform the public, through various means, on the Diversity Commission's mission, purpose and activities in Federal Way. . , Diversity Commission 2008/09 Business Plan Page 2 Potential Tasks · Utilize the currently scheduled survey of Federal Way citizens by contracted agency to evaluate the Federal Way community's understanding and awareness of the City's support of cultural and ethnic differences. Specifically the survey's purpose is to locate services gaps for Federal Way citizens. . Utilize media resources (i.e. ChanneI2!), the City's Webpage and other methods to get the word out. . Conduct community presentations to various civic organizations (i.e. Rotary, Kiwanis) explaining the role of the City in support ofa community united amidst diversity. . Create and distribute the Diversity materials within the City of Federal Way to ensure that equality is not sameness but equivalent value. . Develop written articles for local newspapers that highlight success stories of individuals/families being supported by the Diversity Commission work plan. . Work with the City's cultural and community liaisons to evaluate that differences are considered in the decision-making process by the City Council and that the community continues to be united amidst the diversity. 5. Develop partnerships with churches, human services agencies, schools and other potential stakeholders to increase coordination, marketing and outreach efforts to promote awareness and collaboration around diversity issues. Potential Tasks · Explore other funding sources and opportunities for the Diversity Commission in order to promote the Commission's purpose and mission. · Utilize multi-media resources to promote Diversity Commission events. · Explore efforts to increase collaborating and promoting joint efforts with other city commissions and community partnerships that promote the mission and purpose ofothe Diversity Commission. /5 COUNCIL MEETING DATE: July}( 2008 ITEM #: Sc- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amendment to Diversity Commission By-Laws POLICY QUESTION: SHOULD THE CITY OF FEDERAL WAY ACCEPT THE DIVERSITY COMMISSION By -LAWS AMENDMENT? COMMITTEE: PRHSPS MEETING DATE: July 8, 2008 CATEGORY: IZI Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: L YNNETTE HYNDEN, HUMAN SERVICES MANAGER DEPT: Community Development ._._......_............_........._............._............._._......_._.__...............__........._...............___........._..........__._............_......~.~!:Y~~~.~.~.~P~~.~I.!!........_..._....__......................._.. Attachments: . Memorandum to PRHSPS Council Committee Dated June 16, 2008 . Memorandum to the Diversity Commission. . Diversity Commission By-Laws. Options. Considered: I. Recommend approval of the Amendment to the Diversity Commission By-Laws addressing business plan cycle. 2. To amend the proposed Amendment to the Diversity Commission By-Laws addressing business plan cycle. 3. Do not recommend approval of the Amendment to the Diversity Commission By-Laws addressing business plan cycle .............__......_m......................................_.................__..__.......__._....._............................................._..._._..._...._........._....._.,................_...._.......~.....................................................................................................................-..................--........................................--.....---......-.---.............. STAFF RECOMMENDATION: Option 1 is recommended. CITY MANAGER ApPROVAL: #twt DIRECTOR ApPROVAL: Council ' (!JI'f! Committee ~ Council "" COMMITTEE RECOMMENDATION: "1 MOVE TO APPROVE OPTION PROPOSED COUNCIL MOTION: "1 move approval of option _" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION COUNCIL BILL # 1ST reading Enactment reading o MOVED TO SECOND READING (ordinances only) REVISED - 02106/2006 ORDINANCE # RESOLUTION # Memorandum TO: VIA: FROM: DATE: RE: PRHSPS Council Committee A 1M! Cary Roe, PE - Assistant City Manager CI r i. Lynnette Hynden, Human Services Manage June 16, 2008 Amendment to the Diversity Commission Bylaws Background: This year during the Diversity Commission's Annual Retreat on June 11,2008 the Diversity Commission discussed the language contained in their Bylaws which outlines the time frame for when the yearly business plan is developed and adopted. Concerns were raised because the mid-year cycle the Commission currently operates under does not coincide with the City's yearly budget cycle. Therefore, the decision was made to amend and adopt changes to the Diversity Commission Bylaws. The new language reflects that the business plan will be developed and presented to the City Council for approval no later than March of each calendar year. Currently the Bylaws read: 14. Business Plans and Budgets The Commission shall adopt an annual business plan and annual budget for the fiscal period of September 1 to August 30 of each year. The business plan shall include the Commission's mission statement and a list of planned projects, and shall be forwarded to the City Council for approval. Option 1: To adopt the following changes to subsection 14 "Business Plans and Budgets" of the Diversity Commission Bylaws: 14. Business Plans and Budgets The Commission shall adopt an annual business plan each year no later than March of each calendar year. The business plan shall include the Commission's mission statement and a list of planned projects and shall be forwarded to the City Council for approval. Option 2: To amend the current Bylaws of the Diversity Commission that was adopted in 1993 by proposing other language Option 3: To not recommend amending the Bylaws of the Diversity Commission that was adopted in 1993. Staff Recommendation Option 1: Adopt new language which will align the Diversity's Commission business plan with the Commission's elections. Whereby, elections ofthe Diversity Commission officers and the development of the business plan will be in harmony each calendar year. Commission Recommendation The Diversity Commission on June 11, 2008 voted to support Option 1. The Diversity Commission wishes to align their yearly business plan to be in harmony with the calendar year. They propose starting each calendar year by developing their business plan to be adopted no later than March of the same year and conclude their work by December within the same year. Memorandum TO: FROM: DATE: RE: Diversity Commission Lynnette Hynden, Human Services Manager June 16, 2008 Amendment to the Diversity Commission Bylaws Background: The Diversity Commission bylaws when created in February 1993 addressed that the business plan and budget for the fiscal year shall be adopted in September through the following year in August. The bylaws were not amended when the City's budget cycle changed to a two-year sequence. Therefore, while City Departments and other City Commissions have changed their operating schedules, the Diversity Commission is still operating under their original bylaws. Currently the Bylaws read: 14. Business Plans and Bud~ets The Commission shall adopt an annual business plan and annual budget for the fiscal period of September 1 to August 30 of each year. The business plan shall include the Commission's mission statement and a list of planned projects, and shall be forwarded to the City Council for approval. Option 1: To adopt the following changes to subsection 14 "Business Plans and Budgets" of the Diversity Commission Bylaws: 14. Business Plans and Budgets The Commission shall adopt an annual business plan each year no later than March of each calendar year. The business plan shall include the Commission's mission statement and a list of planned projects and shall be forwarded to the City Council for approval. Option 2: To amend the current Bylaws of the Diversity Commission that was adopted in 1993 by proposing other language Option 3: To not recommend amending the Bylaws of the Diversity Commission that was adopted in 1993. Staff Recommendation Option 1: Adopt new language which will align the Diversity's Commission business plan with the Commission's elections. Whereby, elections of the Diversity Commission officers and the development of the business plan will be in harmony each calendar year. Commission Recommendation The Diversity Commission on June 11, 2008 voted to support Option 1. The Diversity Commission wishes to align their yearly business plan to be in harmony with the calendar year. They propose starting each calendar year by developing their business plan to be adopted no later than March of the same year and conclude their work by December within the same year. City of Federal Way BY-LAWS OF THE DIVERSITY COMMISSION We, the members of the Federal Way Diversity Commission, pursuant to Ordinance No. 92-141, subsequently amended by Ordinance No. 93-203, 94-216 and 96-283, adopted by the Federal Way City Council, do hereby amend the following By-Laws. ORGANIZATION AND RULES OF PROCEDURE I. Name The official name is the City of Federal Way Diversity Commission. 2. Official Seat The official seat of the Commission is the City Hall of the City of Federal Way. 3. Membership The commission consists of nine members and alternate member(s), appointed by the City Council. 4. Officers The officers of the Commission consist of a chairperson and a vice-chairperson. Their duties are: a. The chairperson shall preside over the Commission and exercise all the powers incidental to the office, retaining, however, the full right as a member of the Commission to have a vote recorded in all deliberations of the Commission, to propose motions and to second motions. b. In the absence of the chairperson from any meeting, the vice-chairperson shall perform all the duties incumbent upon the chairperson, and retain the full right as a member of the Commission to have a vote records in all deliberations of the Commission, to propose motions and to second motions. c. In the event the chairperson and vice-chairperson are both absent from any meeting, if there is a quorum present the members present shall elect a temporary chairperson who shall have full powers as chairperson during the absence of the chairperson and vice-chairperson, and who shall retain the full right as a member of the Commission to have a vote recorded in all deliberations of the Commission, to propose motions and to second motions. City of Federal Way Diversity Commission By-Laws Page 2 d. Officers shall be elected annually at the February meeting. In the event an elected officer's term expires and that commissioner is not re-appointed. an election may be held to fill the officer's vacated term. e. Officers hold office for one year. 5. Secretary: Commission A commission secretary is responsible for record-keeping. This Position shall be non-elected and filled by a City staff member. 6. Quorum . A quorum consists of five (5) members of the Diversity "Coinmission. 7. Voting a. When a quorum is present, all action shall be approved by a simple majority vote. No official action may be taken unless a quorum is present b. In the event a quorum is not present, a minimum of four members must be present to hold a meeting for discussion purposes only. 8 Conflict of Interest Any commissioner having a direct or indirect interest in or who would benefit from any matter must disclose this interest and, if deemed appropriate by that commissioner or required by law or City policy or ordinance, refrain from participating and voting on the matter at hand. Commissioners shall be guided by the City's adopted Ethics Policy in considering what constitutes a conflict of interest. 9. Meetings a. The Commission shall meet monthly at a predetermined time and location. Special meetings may be held upon call of the chairperson, as necessary. b. Not less than 24 hours notice shall be given for the cancellation of any regular meeting of the Commission, or for scheduling of a special meeting. c. The notice for the special meeting shall specify the time, place and "agenda. No action shall be taken at a special meeting other than as stated in the agenda. City of Federal Way Diversity Commission By-Laws Page 3 10. Attendance a. A commissioner may be excused from a meeting by providing advance notice to the Commission chairperson, vice-chairperson or staff secretary. b. In the event any commissioner has three (3) or more unexcused, or five (5) total absences during any twelve month period, the Commission may request that the City Council appoint a replacement for that member. The Commission will, to the extent possible, identify an alternate for appointment at the same time. II. Conduct of Meetin2s a. If a regular or special meeting is being conducted, motions will be made, seconded and voted upon. Upon majority vote approval, recommendations will be forwarded to the City Council. b. If a workshop is being conducted, formal action is not necessary; workshop actions will not be forwarded to the City Council as recommendations of the Commission. c. Except as provided by these rules and regulations, Roberts Ru1es of Order (as amended) sball govern the conduct of all Commission meetings. 12. Agendas, Staff Reoorts and Minutes a. A copy of the agenda for all Diversity Commission meetings shall be sent to each CoITlIl1ission member no less than one week prior to the date of the meeting. b. City staff will provide necessary staff reports. Staff reports will be sent to Commission members no less than one week prior to the date of the meeting. c. Minutes of all Commission meetings will be kept by a staff person and made part of a permanent record on file with the City. 13. Amending By-Laws These By-Laws may be amended by majority vote at any Diversity Commission meeting when a quorum is in attendance. . , City of Federal Way By-Laws Page 4 14. Business Plans and BudJ!ets The Commission shall adopt an annual business plan and annual budget for the fiscal period of September 1 to August 30 of each year. The business plan shall include the Commission's mission statement and a list of planned projects, and shall be forwarded to the City Council for approval. CERTIFICA nON The undersigned secretary of the City of Federal Way Diversity Commission does hereby certify that the foregoing By-Laws have been duly adopted by the members of said Commission on this It. "'1' day of fJ p R. I L 2001. ATTEST: By: ~ln' ~ Secretary, City of Federal Way Diversity Commission Original by-laws dated 2/1193. Fourth amendment to original by-laws dated 4/10/01. COUNCIL MEETING DATE: July IS, 2008 ITEM #: 5J CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WILDWOOD PLAYGROUND REPLACEMENT POLICY QUESTION: Should a purchase agreement to provide playground equipment be awarded to Northwest Playground Equipment, Inc., to replace the playground system at Wildwood Park? COMMITTEE: PRPSC MEETING DATE: July 8, 2008 CATEGORY: D Consent D Ordinance D Public Hearing IZI City Council Business D Resolution D Other ~T A:.!.!..~~2~!..By'.:.. St~P!J:~..~~!~!-~!.l.!:.~_~_.~~<?!.!!.!i~.~..M.~g~!__........................___._.............................._~~.!.!..:..~~C.~_.....................______.... One task of the Parks Commission 2007 work plan was to inspect 10 playgrounds and develop a priority list for replacement or upgrade. Wildwood Park is on the top of the list for replacement and the City worked with NW Playgrounds, W A State Contract # 14803, to provide a new system. The recommendation will create two separate play areas; one for the 2-5 year olds and the other for the S-12 year olds. The State Contract pricing is $63,71S.49 for both playground systems, delivered. $63,71S.49 - equipment quote 6.371.SS - 10% contingency Total agreement amount: $70,087.04 Funding Source: There is $276,864 balance in an account for playground replacement and upgrades. Attachments: layout drawings Qp!!~~~..f.~~~~!!.~!~!!.=....~~.....__.._.......................mm ...._..............__.........._..........._.......................__..........................__.............._.....__........_._................._..._............._......._....m._...._. STAFF RECOMMENDATION: Staff recommends Council accept the quote from Northwest Playground and authorize the Assistant City Manager to execute a purchase agreement for the supply of playground equipment for Wildwood Park. CITY MANAGER ApPROVAL: ~ to Conunittee ~ DIRECTOR ApPROV AL: to Council to Conunittee COMMITTEE RECOMMENDATION: SEE A IT ACHED MEMO Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: HI move approval for purchase of playground equipment from Northwest Playground Equipment, Inc and authorize the Assistant City Manager to execute a purchase agreement for the supply of a playground system for Wildwood Park" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02106/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # A Federal Way Parks and Facilities Division From: Subject: July 10, 2008 Donna Hansen, PRCS Director Cary Roe, Assistant City Manager !/k^- Stephen Ikerd, Parks & Facilities Manager Wildwood Park playground equipment Date: To: During the recent PRHSPS Council Committee, the question was raised whether we could purchase and install playground equipment from a vendor off the State contract list of suppliers? The State contract for playground equipment does allow for the supply and installation, but our City purchasing policies are more narrow for installation, requiring bids. As a result I recommend continuing with a new request to supply only from NW Playground Equipment, Inc. and removing the installation from what was presented to the Committee. Once the equipment purchase is approved, staff will go out to bid for the installation of this system. . <> .... --------------................"""'- WW ..JO ~:J 0'" OW o ,.....----", ~ '- Cl , ',- /- ~ / / / ( I I I I I I I I I I I .J Cl z ~'" 5~ a:", <f- 00 01:: ~~ ~ ~ ^ vim ~I "'I \ \ \ \ '\. 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'" .. ~~Cl z 5 ffi ~ ~ ..~ UJ u; >- ClO~<( 0:: Q) "'090:::;;:J ~ ii: ~;t~~ t- € . w9 ...J U 0 ~Cl Il.. ~ z :!: Ii; @ @) @) @) d ,.. t 11 iJ ~ Ii ~ "t rel .. a. t;\~ ~u\ @~ @) "E Q) E ~ .~o~-- aB":;;:~8 -oN<(q s~~~ ~~.gd >-0", 0 co . C" co CLa..a:s~ U) .J/l <( w 0::: <( N ~ I L{) o . I-~ 0..- o~ ~~ o:::~ <(& 0.. o o o S o --I S -0 C ::J o I.- 01 >- C'Cl a.. l.{') I N ~ COUNCIL MEETING DATE: July IS, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: COMMUNITY CENTER CAFE REQUEST TO GO TO BID POLICY QUESTION: Should the Council authorize stafJto go out to bidfor construction of the Community Center Cafe? COMMITTEE: PRHSPS MEETING DATE: July 8, 2008 CATEGORY: IZI Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other ~!~!!..~.J.?Q.!!T Bx:_M~~...R.~1.'..~!l.B.:g~...~E.l?~~!~!?:~.~!?:!.mm..................... ....__..__.................._.._..... .....:'.?~!~.:....~~E~... ....._..m.............. Architect David Clark was retained to design a cafe for the Federal Way Community Center. Construction of the cafe operations includes plumbing and electrical, cabinetry and built-in equipment necessary to support a coffee/cafe service for patrons and the general public. The operations of the cafe would be outsourced to a commercial vendor. The proposed menu would include full service coffee, smoothies, soup, sandwich and hot food choices such as hot dogs, salads and snacks. Budget: Council authorized $200,000 in the 2007 Carry Forward Budget Adjustment for building adjustments and operating equipment. Cost estimate for construction of the proposed cafe is $60,686 for construction, $28,147 for equipment and $23,064 in soft costs for a total of$III,896.47. Attachments: Cost estimate. Options Considered: 1. Approve the Federal Way Community Center Cafe Design and Construction Estimate, and authorize staffto go out to bid. 2. Decline the Federal Way Community Center Cafe Design and Construction Estimate, and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Council to authorize staff to go out to bid for construction and purchase of equipment for the Federal Way Community Center Cafe. CITY MANAGER ApPROVAL: ~ to Committee ~ to COllllCil DIRECTOR ApPROVAL: to Committee ~ COMMITTEE RECOMMENDATION: OPTION PROPOSED COUNCIL MOTION: "] move to authorize stafJ to go out for bids for. of equipment for the Federal Way Community Center Cafe. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # DAVID A. CLARK ARCHITECTS, PLLC City of Federal Way Created 03-Jun-08 Community Center Cafe Revised 05-Jun-08 Revised 3 O-Jun-O 8 ITEM QUAN. UNIT COST SUM TOTAL CONCRETE & DEMO $ 6,46S.00 Saw cut existing I LS 820.00 $ 820.00 Remove, ex & BF for plumbing lines I LS 2,160.00 $ 2,160.00 Repour I EA 36S.00 $ 36S.00 Dump Fees I LS 2,160.00 $ 2,160.00 -- Alter base I LS 70.00 $ 70.00 Grate 1 LS 140.00 $ 140.00 Stain replaced concrete I LS 7S0.00 $ 7S0.00 -.-.- ~- CARPENTRY $ 3,ISO Alter existing wall panels I LS 2,000.00 $ 2,000.00 Install backing for new work I LS l,lS0.00 $ 1,ISO.OO --~ 1-- CABINETRY $ 19,4S2 -- Cabinets 36 LF 39S.00 $ 14,220.00 1--- Countertops IS2 SF 21.00 $ 3,192.00 Upper counter 10 LF 204.00 $ 2,040.00 -. t----- r---- FLOORING $ 210 1--- . Base I LS 210.00 $ 210.00 -- -- GLAZING $ 684 Black out existing windows 48 SF 8.00 $ 384.00 Minimum Charge $ 300.00 SIGNAGE - ~.~ By vendor, including menu board PLUMBING $ 6,88S Rough In DWV 4 EA 1,18S.00 $ 4,740.00 Connect food service equipment 7 EA 23S.00 $ 1,64S.00 Floor Sinks 2 EA 2S0.00 $ 500.00 David A. Clark Architects, PLLC FWCC Cafe CE 063008:, Page I Printed 7/1/2008, 4:17 PM ITEM Revised 30-Jun-08 QUAN. UNIT COST I SUM TOTAL $ 7,4S0 10 EA 600.00 $ 6,000.00 1 LS 1,200.00 $ I ,200.00 I EA I ,200.00 By city staff I EA 2S0.00 $ 2S0.00 ELECTRICAL Connect food service equipment Alter existing system PhonelData connection New signage SUB TOTAL....... .............................................................................. ................. $. 44,296 General Conditions Small job contingency Contractor Overhead & Profit 7% IS% 15% 44,296.00 44,296.00 44,296.00 $ $ $ 3,101 6,644 6,644 FOOD SERVICE EQUIPMENT (Purchased direct) See Attached for complete breakdown I>eductforcheaperoven Credit for different display case $ 28,147 $ $ $ 36,185.90 (6,101.00) (l,937.S1) SOFT COSTS Permits (Estimate) AlE Project 11anagernent Owner's Contingency WSST l% 60,686 $ Previously contracted 9,000 $ 9,000 60,686 $ 6,069 88,833 $ 7,99S $ 7,99S 10.0% 9.0% David A. Clark Architects, PLLC FWCC Cafe CE 063008:, Page 2 Printed 7/1/2008, 4: 17 PM .~~~~~.!!:..~~~!!~~.~~!.~=,.!~.~y..!~'.~.~~.~. .......---...----............-..-..........--..........._..!!~~~: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL sf SUBJECT: Historical Society Lease Agreement POLICY QUESTION: Should the City Council approve the Historical Society Strategic Plan, budget for cost of repairs, and ten-year Lease Agreement for the brick house at Steel Lake Annex? COMMITTEE: PRHSPS MEETING DATE: July 8, 2008 CATEGORY: [gI Consent D City Council Business STAFF REPORT By: Donna Hanson D Ordinance D Resolution D Public Hearing D Other DEPT: PRCS Background: The Historical Society made a request to the City to lease the brick house at the Steel Lake Annex. An inspection of the building showed areas needing major repairs. In negotiations with the City Manager's office the Historical Society was requested to provide a Strategic Plan for the Society and the City agreed to conduct certain major repairs. Funds for this purpose were approve in the mid biennium budget adjustment. The lease provides for the Historical Society to pay $30,000 toward improvements no later than August 30, 2009 and $1.00 per year for rent for ten years with an option to extent the contract. Attachments: Cost estimate for agreed upon repairs and Historical Society Strategic Plan. Options Considered: I. Approve the Lease Agreement, Strategic Plan and budget for the repairs. 2. Do not approve the Lease Agreement, strategic plan and budget for the repairs. STAFF RECOMMENDATION: Approve Option I CITY MANAGER ApPROVAL: ~ Conunittee ' ~ DIRECTOR ApPROVAL: COWlcil ~ COWlcil ....... COMMITTEE RECOMMENDATION: APPROVE OPTION PROPOSED COUNCIL MOTION: "] move approval of the Lease Agreement fi Historical Society Strategic Plan, and $88,341.00 budget for repairs. " (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 # ,~ Federal Way Parks and Facilities Division Date: To: From: Subject: June 27, 2008 Donna Hanson, PReS Director Stephen Ikerd, Parks & Facilities Manager Steel Lake Annex Brick House Report I have completed the first step of researching the cost to upgrade the brick building. As you are aware the Historical Society provided the City an inspection report that identified concerns with the electrical, hot water tank, heating, windows, roof system and other general maintenance. Following are estimates for the concerned items: Electrical $25,000 - Electricians rough estimate based on a new service panel and rewiring most of the facility with surface mounted wire molding. Re-roof $9,600 - Tear off and replace with a 4S yr architectural shingle. Unforeseen dry rot repairs would be billed at additional time and materials. Heating $10,016 - Replace the original oil boiler with a new more energy efficient electric boiler. Hot water tank $S60 - Replace old tank. Windows $10,000 - Estimate. Project Mngmt $7,800 - Specification writing, bidding, contract management, process payments. Electrical Engineer $7,SOO - Engineering and develop bid drawings for the electrical upgrade. Sub Total $70,476 Tax 6.343 $76,819 IS% Contingency 11.522 Grand Total $88,341 HISTORICAL SOCIETY OF FEDERAL WAY STRATEGIC PLAN VISION STATEMENT: Preserve our Past, Educate the Community, Inspire Future Generations MISSION STATEMENT: The Historical Society of Federal Way serves the public through researching, preserving, educating and displaying the history of Greater Federal Way to build a sense of community identity and heritage STRATEGIC GOALS: To best meet its mission, the Federal Way Historical Society will: 1. Follow Professional Standards: Maintain a responsible Board of Directors comprised of dedicated Society members with a wide range of talents who will provide leadership, secure funding, set policies, monitor operations and provide a vision for future plans and growth. 2. Expand our Membership: Attract a more comprehensive representation of the Federal Way Community, including age, gender, ethnicity, etc., within all areas and functions of the Society. 3. Capture Federal Way History: Collect, document, preserve, conserve and interpret artifacts, oral histories, documents, photographs, ephemera and historic structures relative to cultural history ofthe Greater Federal Way area. 4. Educate the Greater Federal Way Community: Interpret the history of Greater Federal Way through visual, oral and interactive means, both within the setting of the Society office, cabins and throughout the Greater Federal Way area. 5. Optimize Facilities to Support Our Mission: Concentrate mission-related services within facilities that meet professionally established criteria for collections care and conservation, security, and accessibility, and are of sufficient size to allow for growth and a diversity of activities. TO ACHIEVE GOALS, THE HISTORICAL SOCIETY OF FEDERAL WAY'S BOARD HAS ESTABLISHED THESE ACTION ITEMS: Goal #1: Follow Professional Standards: Maintain a responsible Board comprised of dedicated Society members with a wide range of talents who will provide leadership, secure funding, set policies, monitor operations and provide a vision for future plans and growth. Long Range Plan Action Items . Connect the Board and Staff · Collaborate with the City of Federal Way to maintain a positive working relationship · Promote professionalism and continuity in the Society's operations · Develop long-range business plan aligned to the Historical Society/Museum Master Plan · Expand relationship with the business community of greater Federal Way, Federal Way School District, Parks Commission, Arts Commission, King County · Develop a turn-over plan for acquiring, training and retaining Board members · Work toward accreditation by the AAM Goal #2: Expand our Membership: Attract a more comprehensive representation of the Federal Way Community, including age, gender, ethnicity, etc., within all areas and functions of the . Society. Long Range Plan Action Items · Reach out to diverse, ethnic and age groups · Collect community feedback on a regular basis · Create exhibits and programs with wide appeal · Build' a collection that supports representative exhibits · Publish articles that reflect the Great Federal Way area's myriad of interests · Recruit diverse Board members and membership Goal#3: Capture Greater Federal Way History: Collect, document, preserve, conserve, and interpret artifacts, documents, photographs, ephemera, and historic structures relative to the cultural history of the Greater Federal Way area. Long Range Plan Action Items · Identify areas in which collections are underdeveloped and publicize the Society's collecting priorities · Create a Collections Plan to guide collecting and documenting activities · Ensure that all collections are properly housed and catalogued · Advocate historic preservation and serve as a resource for preservation activities Goal#4: Educate The Greater Federal Way Community: Interpret the history of Greater Federal Way through visual, oral and interactive means, both within the setting of the Society office, cabins and throughout the Greater Federal Way area Long Range Plan Action Items · Tell Greater Federal Way stories out in the community, undertaking projects such as historic markers, traveling exhibits, public programs and publications . Develop interactive exhibits · Use technology to broaden timely access to the collections · Encourage research by making resources accessible and providing professional assistance · Provide ongoing docent training Goal #5: Optimize Facilities to Support Our Mission: Concentrate mission-related services within facilities that meet professionally established criteria for collections care and conservation, security, and accessibility, and are of sufficient size to allow for growth and a diversity of activities. Long Range Plan Action Items · Develop Historical Society Museum Master Plan that identifies priorities for future growth based on the scope of activities that the building should accommodate to accomplish the Society's mission. · Formulate an interpretive plan to shape development of exhibits · Identify retail activities appropriate to the Society's mission and consistent with fundraising strategies. COUNCIL MEETING DATE: July IS, 2008 m...__......_........_!!~~.~.:....- ~'a:.. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: King County Special Property Tax Levy Agreement POLICY QUESTION: Should the City Council Authorize the City to enter into an Interlocal Agreement with King County for distribution of Prop 2 Levy funds for acquisition of open space and natural lands and the acquisition and development of regional trails or City trails that are regional in nature? COMMITTEE: PRHSPS MEETING DATE: July 8, 2008 CATEGORY: ~ Consent o City Council Business STAFF REpORT By: Donna Hanson o Ordinance o Resolution o Public Hearing o Other DEPT: PRCS .____.....''MM......................_____............._........___..._.._.__.............._......_...__._..~._._._.........._.....____....__........_............................._....................._...................-.---..-.................--...........----.......-.....................--.....-..--..."'..-......................--.--- Background: King County voters approved the Special Property Tax Levy in 2007 which provided for distribution of a new $.OS, six-year, CPI adjusted property tax lid lift to expand park and recreation opportunities. The levy will be shared among King County Parks ($.03), cities in King County ($.01), and the Woodland Park Zoo ($.01). The agreement states that City projects "shall be for acquisition of open space and natural lands and the acquisition and development of county regional trails or City trails that are regional in nature, and may include local trails in the underserved areas linking to city or county trails that connect to regional trails." For the City of Federal Way, Projected City Allocation will be $148,989.00 in 2008. Attachment: 2008 Projected City Allocation Options Considered: I. Approve the agreement in order to receive the funding. 2. Do not approve the agreement. ........................--................--.................................-..........-...............-.,.............................-.--..-....................--.-................--..............-...........-..................................................-.................................................-....-.-....--..............-----..........-........-.--..-.........--..-.-..--.-..-. STAFF RECOMMENDATION: Approve Option I CITY MANAGER ApPROVAL: ~ ~ Council DIRECTOR ApPROVAL: Cw( Council ... COMMITTEE RECOMMENDATION: APPROVE OPTION: PROPOSED COUNCIL MOTION: "1 move approval and authorize signature of the King County Special Property Tax Levy Agreement. " (J.I'-7..l-........J ' . Committee Chair (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 # KING COUNTY PARKS DIVISION CAPITAL EXPANSION LEVY PROJECTED CITY ALLOCATIONS 2008 ocalon Based on 50% Population as a Based on Final 2007 AV for AV as a Allocation Based Population; 50% Estimate Percentage Population2 2008 Tax Roles Percentage on A V2 AV King 1,861,300 Unincorporated 368,255 Incorporated 1,493,045 100.00% $ 3,327,050 290,362,431,565 100.00% $ 3,327,050 50.00% $ 1,663,525 50.00% $ 1,663,525 Algona 2,725 0.183% 3,036 410,820,502 0.141% 2,354 $ 5,389.79 Auburn 44,300 2.967% 49,358 5,728,381,288 1.973% 32,819 $ 82,176.95 Beaux Arts Village 310 0.021% 345 115,582,991 0.040% 662 $ 1,007.59 Bellevue 118,100 7.910% 131,585 31,485,645,842 10.844% 180,385 $ 311,970.44 Black Diamond 4,120 0.276% 4,590 579,159,749 0.199% 3,318 $ 7,908.52 Bothell part 16,950 1.135% 18,885 3,275,422,445 1.128% 18,765 $ 37,650.73 Burien 31,410 2.104% 34,996 3,845,144,599 1.324% 22,029 $ 57,025.83 Carnation 1,900 0.127% 2,117 202,887,553 0.070% 1,162 $ 3,279.32 Clyde Hill . 2,810 0.188% 3,131 1,579,857,435 0.544% 9,051 $ 12,182.07 Covinaton 17,190 1.151% 19,153 1,886,073,554 0.650% 10,806 $ 29,958.37 Des Moines 29,090 1.948% 32,412 2,936,127,933 1.011% 16,821 $ 49,233.04 Duvall 5,845 0.391% 6,512 823,259,327 0.284% 4,717 $ 11,228.96 Enumclaw part 11,320 0.758% 12,613 1,068,153,935 0.368% 6,120 $ 18,732.14 Federal Way 87,390 5.853% 97,368 9,010,356,378 3.103% 51,622 $ 148,989.96 Hunts Point 480 0.032% 535 765,357,352 0.264% 4,385 $ 4,919.64 Issaquah 24,710 1.655% 27,531 5,890,000,046 2.028% 33,745 $ 61,276.05 Kenmore 19,940 1.336% 22,217 2,941,435,130 1.013% 16,852 $ 39,068.68 Kent 86,660 5.804% 96,555 11,556,074,644 3.980% 66,206 $ 162,761.37 Kirkland 47,890 3.208% 53,358 11,452,502,304 3.944% 65,613 $ 118,971.12 Lake Forest Park 12,770 0.855% 14,228 2,162,443,195 0.745% 12,389 $ 26,617.04 Maple Valley 20,020 1.341% 22,306 2,303,190,025 0.793% 13,195 $ 35,501.22 Medina 2,950 0.198% 3,287 2,681,076,024 0.923% 15,360 $ 18,647.08 Mercer Island 22,380 1.499% 24,935 8,900,540,134 3.065% 50,992 $ 75,927.79 Milton part 825 0.055% 919 82,372,778 0.028% 472 $ 1,391.13 Newcastle 9,550 0.640% 10,640 2,051,575,851 0.707% 11,754 $ 22,394.20 Normandy Park 6,435 0.431% 7,170 1,278,891,064 0.440% 7,327 $ 14,496.70 North Bend 4,705 0.315% 5,242 679,244,265 0.234% 3,891 $ 9,133.71 Pacific part 5,945 0.398% 6,624 459,833,283 0.158% 2,634 $ 9,258.26 Redmond 50,680 3.394% 56,467 12,774,174,381 4.399% 73,185 $ 129,651.73 Renton 60,290 4.038% 67,174 9,659,677,654 3.327% 55,342 $ 122,515.66 Sammamish 40,260 2.697% 44,857 8,739,143,248 3.010% 50,068 $ 94,924.71 SeaTac 25,530 1.710% 28,445 4,606,470,336 1.586% 26,391 $ 54,836.17 Seattle 586,200 39.262% 653,134 121,621,130,668 41.886% 696,784 $ 1,349,917.57 Shoreline 53,190 3.563% 59,263 7,293,134,085 2.512% 41,783 $ 101,046.72 Skykomish 210 0.014% 234 24,534,629 0.008% 141 $ 374.54 Snoqualmie 8,600 0.576% 9,582 1,725,358,551 0.594% 9,885 $ 19,466.78 rukwila 18,000 1.206% 20,055 4,450,243,674 1.533% 25,496 $ 45,551.33 Noodinville 10,390 0.696% 11,576 2,555,578,871 0.880% 14,641 $ 26,217.61 'farrow Point 975 0.065% 1,086 761,575,842 0.262% 4,363 $ 5,449.50 . TOTAL: 1,493,045 100% 1,663,525 290,362,431,565 100% $ 1,663,525 $ 3,327,050 'Jotes: I Population estimate as of April 1, 2007 prepared by the Washington State Office of Financial Management (OFM). ! City allocation of $3,327,050 assumes a 1 percent administrative fee, or $33,606. 1:\Contracts\2008\City Allocation Spreadsheet FINAL 05-05-08.xls 5/19/2008 COUNCIL MEETING DATE: July IS, 2008 ITEM #: 5h CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CONTRACT WITH CTED FOR PARTIAL FUNDING OF THE WEST HYLEBOS WETLANDS BOARDWALK PROJECT POLICY QUESTION: DOES THE CITY WANT TO AUTHORIZE A CONTRACT FOR $98,SOO.00 FROM THE DEPARTMENT OF COMMUNTIY, TRADE, AND ECONOMIC DEVELOPMENT FOR REIMBURSEMENT OF CONSTRUCTION COSTS FOR THE WEST HYLEBOS WETLANDS BOARDWALK PROJECT? COMMITTEE: PRHSPS MEETING DATE: July 8, 2008 CATEGORY: X Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other .~!~!':!...~.l.?.2.~!J~X.:.....!?.2.~.~!!1.:\~~2~!...Q}~q!2~.~l.3:!=S_................... DEPT: PRCS These funds were approved by the State Legislature as an appropriation to support local community projects through the Department of Community, Trade and Economic Development. This contract authorizes CTED to reimburse the City for construction expenses for reconstruction of the West Hylebos Wetlands Boardwalk project. Attachments: n/a Options Considered: 1. Authorize approval ofthe contract 2. Do not authorize approval of the contract. STAFF RECOMMENDATION: Authorize approval ofthe contract CITY MANAGER ApPROVAL: ~C' ~C. ') DIRECTOR ApPROVAL: otlUjUttee OWlCI ~ Council J COMMITTEE RECOMMENDATION: OPTION ~g~ Committee Chair PROPOSED COUNCIL MOTION: "] move approval of the contract with the Depa tent of Community, Trade and Economic Development for$98, 500 as partial funding of the West Hylebos m ands Boardwalk project. " (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 # COUNCIL MEETING DATE: July is, 2008 \ ITEM#: 5, CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SOUTH 320TH PLACE PRELIMINARY PLAT ApPLICATION - SMALL LOT DEMONSTRATION PROJECT, FILE 08-100SSS-00-SU POLICY QUESTION: SHALL THE PROPOSED liS-LOT SOUTH 320TH PLACE PRELIMINARY PLAT ApPLlCATION- SMALL LOT DEMONSTRA nON PROJECT BE APPROVED? COMMITTEE: LAND USE AND TRANSPORTATION COMMITfEE (LUTC) CATEGORY: [8J Consent o . City Council Business MEETING DATE: July 7, 2008 o Ordinance [8J Resolution o o Public Hearing Other ~! AFF ~~~RT ~_~~!!~J!~!~~IS,__~~~_!~~}>.}ann~~__._________.___.__..__________...___.~E~_~ C~~~uni~~~~~~~ent ._._ Attachments: South 320th Place Preliminary Plat Hearing Examiner Findings of Fact, Conclusions of Law and Recommendation dated June 2S, 2008 (Ex. A); Preliminary plat staff report dated June 4,2008, with exhibits 3- 10 including reduced scale preliminary plat map (Ex. B); and draft City Council Resolution for South 320th Place Preliminary Plat. Refer to the 'South 320th Place Preliminary Plat (Ex. C); Small Lot Demonstration Project' binder located in City Council office for the full preliminary plat report. Options Considered: I. Adopt the Hearing Examiner Findings of Fact, Conclusions of Law and Recommendation and approve the South 320th Place Preliminary Plat Resolution. 2. Reject the Hearing Examiner Recommendation. 3. City Council may adopt its own recommendations and approve the South 320th Place Preliminary Plat Resolution. 4. City Council may adopt its own recommendations and disapprove the South 320th Place Preliminary Plat Resolution. STAFF RECOMMENDATION: Council approval of the South 320lh Place Preliminary Plat resolution, based on the Findings of Fact, Conclusions of Law ecommendation of the Federal Way Hearing Examiner (Option #1). CITY MANAGER APPROVAL: ~ DIRECTOR APPROVAL: ~ Council Committee bztf- Council COMMITTEE RECOMMENDATION: HI move Option #1 to the Full City Council, for the July 15,2008, City Council consent agenda. " PROPOSED COUNCIL MOTION: "I move ad on of the Hearing Examiner recommendations and approval of the South 32dh Place Preliminary Plat Resolution. " (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 - 02/0612006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY Phil Olbrechts, Hearing Examiner RE: Quadrant Homes South 320th Place Preliminary Plat FINDINGS OF FACT, CONCLUSIONS OF LA W AND RECOMMENDATION 08-L00555-00-SU INTRODUCTION The applicant requests approval of a preliminary plat to subdivide 19.06 acres into li5 single- family residential lots. The Examiner recommends approval subject to conditions recommended by staff. ORAL TESTIMONY Only the applicant and staff were present to testify on the application. The applicant made a brief presentation and applicant and staff responded to several Examiner questions. In response to questions, the applicant stated that the project was fairly isolated from other residential use, which may partially account for the lack of public comment on the project. In response to Examiner concerns about the lack of sufficient turn-around space for fire apparatus on the east side of the project (Lots 60-66), the applicant responded that the homes in that area will have sprinklers to compensate for any impaired access. Most of the Examiner's questions focused upon the adequacy of wetland mitigation, given recent media coverage on the failure of local jurisdictions to adequately mitigate wetland impacts. The wetland impacts discussed are not subject to Council review (the Examiner's decision on those issues was final), but the discussion is included for the Council's information. Staff stated that in Federal Way wetland reports are subject to peer review and that the wetland mitigation is subject to monitoring to ensure that the mitigation is successful into the future, including replacement wetlands. The applicant's wetlands consultant acknowledged the concerns over long term mitigation success and noted that the key to successful replacement wetlands is maintaining adequate soil hydrology. The Examiner noted that it was odd that the applicant could not qualify for wetland buffer averaging and instead had to request a buffer reduction, which would appear to be less beneficial than averaging due to the net loss of buffer. Staff noted that buffer reduction and buffer averaging are two separate types of mitigation and one was not better than the other. The applicant requested that the reference to 20 foot front yard setbacks at Page 7, Section VI(A) of the decision should be modified to "as allowed by the FWCC. The Examiner does not construe this language as limiting the project to 20 foot front yard setbacks and notes that the FWCC will ultimately govern whether a different setback may apply. (BFP699241.DOC; 1I13041.l500 I 011 EXHIBIT ~ PAGE---L-OF '1 Preliminary Plat Recommendation p. I Findings, Conclusions and Recommendation EXHIBITS See list of exhibits at p. 23 of the June 11, 2008, staff report prepared by Senior Planner Jim Harris. In addition, the following exhibits were presented and entered into the record during public hearing: Exhibit 30 - South 320th Place Preliminary Plat Power Point Exhibit 31 - Quadrant Homes Power Point Exhibit 32 - May 28 Letter from ESA Adolfson. FINDINGS OF FACT Procedural: 1. Applicant. The applicant is Quadrant Homes. 2. Hearing. The Hearing Examiner conducted a hearing on the application at I :00 p.m. at Federal Way City Hall on June 11,2008. Substantive: 3. Site/Pro{>osal Descri{>tion. The applicant proposes to subdivide 19.06-acre parcel of land into 115 single-family residential lots. The vacant 19.06-acre site is located along the City's northerly boundary east of Interstate-5, adjacent to the north side of South 320th Street and between Interstate-5 and Military Road. The site is accessed from South 320th Street at both the northerly extension of 32nd Avenue South and at the northerly extension of Weyerhaeuser Way South. The proposal is a small lot demonstration project. According to staff, the purpose of the small lot demonstration project is to promote additional housing ownership opportunities within multi-family (RM) residential zoning districts, and provide design flexibility and innovation consistent with the site and the comprehensive plan. Approval is made at the staff level. Small lot detached developments must obtain designation as an innovative housing demonstration development based on an approval process defined in Federal Way City Council Ordinance 07- 554. The proposal by applicant was selected as the City's first small lot demonstration project as identified in the City's January 22, 2008, Conditional Approval of the Demonstration Project (Exhibit 12). The lots in the plat range in size from 2,640 to 5,921 square feet, with an average lot size of approximately 2,900 square feet. 4. Characteristics of the Area. The surrounding land uses are multi-family, commercial, urban residential high density, SF high density, professional office, office, commercial, commercial business, and Urban Residential 4. The property is situated along the City's northerly boundary east of 1-5. The subject property is undeveloped and vacant and is surrounded by a variety of land uses including a fire station, single-family residences, BPA Transmission lines, and South 320th Street. The north, west, and a portion of the cast property lines fonn a portion of the city's corporate boundary. While the site is vacant, the site is surrounded by various developed and undeveloped properties both within the City boundary and within unincorporated King County. The Olympic Pipeline, which transports petroleum products, traverses the subject Pr (BFP69924I.DOC;II13041.150010l} EXHIBIT Preliminary Plat Recommendation p. 2 Findings, Conclusions R~UUi~,ddtgf CJ property in a north-south direction in the western portion of the site within an existing 20-foot- wide easement. 5. Adverse Impacts. The project has undergone a SEPA review and was issued a DNS. No significant adverse impacts were identified in the record or during public hearing that are not adequately addressed in the recommended conditions to approval, including landscaping, tree retention plan, and other services and improvements identified below. Mitigation measures for wetlands on site have been addressed separately. 6. Adequacy of Infrastructure and Public Services. As mitigated by staff, adequate infrastructure will serve development as follows: · Transportation: As proposed and as required by the FWCC, all internal and external roadways shall be improved to all applicable FWCC street standards, and rights-of- way must be dedicated by Statutory Warranty Deed to the City of Federal Way. All internal roadways, private alleys, and private access tracts shall be designed in accordance with City standards. Intern a] roadways shall be designed in accordance with lOcal access standards (Street Section 'W'). The applicant has applied for, and the Public Works Department approved, a modification to the local access road standard. The approved modified street section requires a 28-foot paved roadway, 4.5-foot planter strips with street trees, 5-foot sidewalks, and 2.S-foot utility strips with street lights, within a 52-foot right-of-way. The applicant also received approval to include curb 'bump-outs' at the internal roadway intersections, as shown on the preliminary plans. · Vehicular Access and Circulation: Primary vehicular access to the site will be provided via the northern extension of Weyerhaeuser Way and the northern extension of 32'" Avenue South, both from South 320'" Street. The 32'" Avenue South right-of- way is outside Federal Way corporate boundaries, but will be constructed in accordance with King County standards as a part of the preliminary plat improvements. To comply with FWCC Section 20-151, which requires block perimeters no longer than 1,320 feet for non-motorized trips and 2,640 feet for streets, South 317th Street within the plat is stubbed to extend to the north in conjunction with future development. Pursuant to FWCC street improvement standards, all street improvements must be dedicated to the City of Federal Way for right-of-way and must be improved to applicable City standards, except private access and private alley tracts. · Pedestrian System: As proposed and recommended, the plat complies with the FWCC subdivision code requirements for on- and off-site pedestrian circulation; providing five-foot sidewalks on both sides of interior streets and the exterior frontage street. The plat also provides for a pedestrian trail within proposed open space Tracts Nand 1. In addition, the January 22, 2008, small lot demonstration project approval required an additional pedestrian connection in the vicinity of Lot 47. Pursuant to the applicant's e-mail dated May 12, 2008, (Exhibit 19) the project will also incorporate an 8-foot-wide trail within a 14-foot tract between lots 43 and 44. (BFP69924 LDOC; 1/13041.15001011 EXHIBIT Findings, Conclusions and l~~en~on OF Preliminary Plat Recommendation p. 3 . Open Space: The total 2.08 acres of proposed usable open space in Tracts N, 0, P, G, and I exceeds the minimum required amount of 1.90 acres. Usable open spaces are provided in Tract N, to be developed with grass areas and pedestrian trails; Tract 0 to be developed with grass, and a sport court; Tract P to be developed with a children's tot lot and landscaping; Tract G with landscaping; and Tract I with a pedestrian trail. In addition, according to staff, a condition of the January 22, 2008, Small Lot Demonstration Project Approval requires a pedestrian connection in the vicinity of Lot 48, between South 31st Street and the BP A corridor. The applicant identified in an e-mail to City staff dated May 12, 2008 that the pedestrian connection would be provided between lots 43 and 44. Buffer open space is proposed in Tract E, along the stormwater pond, and Tract M adjacent to the BP A Corridor. Buffer open space is also required adjacent to South 320th Street on the final plat. The total of 4.95 acres of open space equates to approximately 26 percent of the gross site area, which exceeds th~ 15 percent minimum gross open space area requirement Each of the open space tracts will be owned and maintained by the homeowners' association. The final plat shall make provisions for ownership and maintenance of each tract. Limitations on use and development of the conservation tracts shall be provided on the final plat. Condition is recommended requiring applicant to provide a final open space plan for review and approval by City staff prior to issuance of construction pennits for the preliminary plat. The subject site is approximately half a mile from the North Lake Fishing Access, and approximately one mile from Steel Lake Park. The proposed plat provides a variety of usable, constrained, and buffer open spaces on site. Overall, approximately 26 percent of the site is open space, of which approximately 10.9 percent of the site is proposed as usable open space. The proposed open space plan with the exception of the arterial buffer along South 320th Street meets the open space minimum requirements in FWCC Section 22-156 for the purposes of preliminary plat review. . Drainage: Stormwater Runoff-Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities arc being designed in accordance with the 1998 King County Surface Water Design Manual (KCSWDM) and the City's amendments to the manual. The project site is located within the East Branch Sub-basin of the Hylebos Creek Drainage Basin. The project is required to provide Level 1 Flow Control (detention) and Basic Water Quality Treatment, per the design criteria of the KCSWDM. The site is comprised of two separate drainage sub-basins, divided by a north-south running ridge, with approximately 2/3 of the site's stormwater runoff draining toward the southwest portion of the site, and the remaining 1/3 of the site draining toward the southeast comer. The existing stormwater flows from each of these sub-basins are conveyed downstream through a series of natural and man-made storm drainage systems, and combine into a single conveyance system approximately one-half mile downstream of the project site. The KCSWDM specifics that project sites with separate discharge areas that combine flows beyond Y,-mile of the site, must provide separate on-site flow control and water quality treatment for each sub- basin. The applicant requested, and the City approved, an adjustment to the requirement to provide separate flow control and water quality facilities for each on- EXHIBIT F. d' C I' d DAGE 4 OF m mgs, onc USlons an I:tecom.m~ ~ ~ I BFP69924 1. DOC; 1/13041.1500 lOll Preliminary Plat Recommendation p.4 site sub-basin. The applicant proposes to direct a majority of all on-site stoml water to the new pond located in the eastern sub-basin. The applicant's engineer provided additional analysis that demonstrates that the existing (eastern sub-basin's) downstream conveyance system bas adequate capacity to convey and contain the 25- year storm events, as required under the KCSWDM. The analysis also demonstrates the existing downstream conveyance system bas the capacity to convey the 25-year storm events under future build-out of the upstream tributary sub-basin. The on-site stormwater pond facility, providing both flow control and Basic water quality treatment, is proposed near the southeast comer of the site. Because the storm water pond discharges to the adjacent wetland to the east, the flow control portion of the pond has been designed to the requirements set forth by the U.S. Army Corps of Engineers, in order to mitigate the impacts of stormwater discharge to the wetlands. The Corps of Engineers requires a higher level of flow control than that required by the City, thereby providing sufficient stormwater impact mitigation. This higher level of flow control also serves to mitigate impacts on the downstream drainage conveyance system. The western site sub-basin currently drains to a 1 S-inch culvert crossing under South 320th Street, which discharges to an existing wetland located on the south side of the street. A portion of the site's future roof drains will drain to the existing culvert, with the intention of maintaining some hydrology to the wetland. The applicant's storm drainage Technical Information Report (TIR), dated February 26, 2008, revised April 1, 200S, (Exhibit 29) was reviewed and preliminarily approved by the City's Public Works Department. Final review and approval of the storm drainage facilities as shown on the engineering plan will occur in conjunction with full drainage review. · Water: The applicant proposes to serve the subdivision with a public water supply and distribution system managed by the Lakehaven Utility District. The January 11, 200S, Water Availability Letter (Exhibit 26) indicates Lakehaven's capacity to serve the proposed development through a Developer Extension Agreement (DEA). · Sewage: The applicant proposes to serve the proposed plat by a public sewer system managed by Lakehaven Utility District. A January 11, 200S, Certificate of Sewer A vailability (Exhibit 25) indicates the district's capacity to serve the proposed development through a Developer Extension Agreement (DEA) between the applicant and the district. . Schools: As part of the City's review of the proposal, the preliminary plat application was referred to the Federal Way School District for review. A January 23, 200S, school access analysis submitted by the applicant (Exhibit 23) indicates that Lake Doloff Elementary, Kilo Middle School, and Thomas Jefferson High School will serve the proposed subdivision. School service areas are reviewed annually and may be adjusted to accommodate enrollment growth and new development. As identified in a May 2S, 200S email from Geri Walker with Federal Way Public Schools (Exhibit 24) the District anticipates that bus transportation would be provided for all school age children, and bus stops would be located within the 320th Place subdivision. School impact fees will be collected at the time of building permit issuance. EXHIBIT ~ Findings, Conclusions and~F 9 p.5 (BFP699241.DOC; 1/13041.150010/1 Preliminary Plat Recommendation · Fire Protection: South King Fire and Rescue requires that a fire hydrant be located within 350 feet of each lot. The Certificate of Water Availability from Lakehaven Utility District indicates that water will be available to the site in sufficient quantity to satisfy fire flow standards for the proposed development. The exact number and location of fire hydrants wi 11 be reviewed and approved by South King Fire and Rescue. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner: FWCC 20-110 (4) and (5) provide the Examiner with the authority to conduct a hearing and make a recommendation to the City Council on preliminary plat applications. Substantive: 2. Zoning Designation: Multifamily Residential - RM2400. 3. Review Criteria and Application. FWCC 20-126(c) governs the criteria for preliminary plat approval. Those criteria are quoted in italics below and applied to the application under corresponding Conclusions of Law. FWCC 20-126(c): Decisional Criteria. A Hearing Examiner shall use the following criteria in reviewing the preliminary plat and may recommend approval of the plat to the City Council if: (1) It is consistent with the comprehensive plan; 4. The application is subject to the adopted Federal Way Comprehensive Plan (FWCP), which designates the property as Multifamily. The proposed land use, Residential Multifamily 2400 (RM-2400), with 1,500 square foot minimum lot size, is consistent with density allowances and policies applicable to this land use as established in the FWCP. FWCC 20-126(c)(2): It is consistent with all applicable provisions of the Chapter, including those adopted by reference from the comprehensive plan: 5. The preliminary plat application is required to comply with the provisions of the FWCC Chapter 18, "Environmental Policy"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning"; and all other applicable codes and regulations. Future development of the residential subdivision will be required to comply with all applicable development codes and regulations. As proposed, and with conditions as recommended by staff, the preliminary plat will comply with all provisions of the chapter. FWCC 20-126(c)(3): It is consistent with public health, safety, and welfare. 6. The proposed preliminary plat would permit development of the site consistent with the current Multifamily Residential land use classification of the FWCP and map. Proposed vehicular access and fire hydrant locations must meet all requirements of South King Fire and (\ {BFP699241.00c;11l3041.150010l1 EXHIBIT --11- Preliminary Plat Recommendation p. 6 Findings, Conclusions an_~F 9 Rescue. Sidewalks are proposed to provide safe access to schools and school bus stops. Future development of the plat in accordance with applicable codes and regulations should ensure protection of the public health, safety, and welfare. FWCC 20-126(c)(4): It is consistent with the design criteria listed in FWCC 20-2: FWCC 20-2: This chapter is adopted in furtherance of the comprehensive plan of the City. It is hereby declared that the regulations contained in this chapter are necessary to: ( 1) Promote the health, safety and general welfare in accordance with the standards established by the state and the city; 7. As noted in the Washington State Growth Management Act, the Washington State Legislature has found it to be in the public interest to prevent urban sprawl and to promote the efficient use of infrastructure. The development proposed by the applicant at urban densities meets these objectives. Also, as previously discussed, the project, as mitigated, creates no material or significant adverse impacts and there is adequate infrastructure to meet the needs of the new development. For these reasons, the project promotes the health, safety, and general welfare in accordance with the standards established by the state and the city. FWCC 20-2(2): Promote effective use of land by preventing the overcrowding or scattered development which would injury health, safety or the general welfare due to lack of water supplies, sanitary sewer, drainage. transportation or other public services, or excessive expenditure of public funds for such services: 8. As previously noted, the project constitutes development in an area that is already characterized and developed by residential development. Also as previously discussed, the project is served (or as conditioned will be served) by adequate infrastructure. For these reasons, the above criterion is satisfied. FWCC 20-2(4): Provide for adequate light and air. 9. The density of the project meets the density requirements for the RM 2400 zoning district. The applicant will have to comply with the dimensional requirements of the zoning code for any structures it builds in order to get through building permit review. The dimensional standards of the City's Zoning Code set the standard for adequacy of light and air and for these reasons the above criterion is satisfied. FWCC 20-2(5): Provide for water, sewage, drainage, parks and recreational areas, sites for schools and school grounds and other public requirements: 10. As noted in the Findings of Fact, the project is served by adequate infrastructure. FWCC 20-2(6): Provide for proper ingress and egress: 11. According to staff, as conditioned, access to all lots standards. (BFP699241.DOC; 1113041.15001011 will comply with City design EXHIBIT~ PAGE 7 OF C} Preliminary Plat Recommendation p. 7 Findings, Conclusions and Recommendation FWCC 20-2(7): Provide for housing and commercial needs of the community: 12. The project constitutes a development at urban densities, and therefore satisfies the above criteria. FWCC 20-2(8): Require uniform monumenting of land divisions and conveyance of accurate legal descriptions: 13. FWCC 20-111(b) requires that the survey of the proposed subdivision must be made by or under the supervision of a registered land surveyor who shall certify that it is a true and correct representation of the land surveyed. This and other requirements like it help ensure that the objective of uniform monumenting of land divisions and accurate legal descriptions are satisfied. FWCC 20-2(9): Protect environmentaLLy sensitive areas: 14. As noted previously, the project has gone through a review under the State Environmental Policy Act, which ensures that all environmentally sensitive areas are protected and mitigated. As noted above, mitigation measures for the wetlands will be imposed in conjunction with the approval on the fill. FWCC 20-2(10): Provide for flexibility and site design to accommodate view enhancement, protection, protection of streams and wetlands, protection of steep slopes and other environmental significant or sensitive areas. i5. The project incorporates features designed to comply with the above criterion vis-a-vis the wetlands and their buffers. FWCC 20-125(c)(S): It is consistent with the development standards Listed in FWCC 20-151 through 20-157, and 20-178 through 20-187. 16. As discussed in the staff report and shown in the project documents, the project complies with the standards listed in FWCC 20-151 through 20-157 and FWCC 20-178 through 20-187. These standards govern adequacy of infrastructure, dimensional density standards, street improvements, landscaping, and retention of vegetation. Development of this site is also required to comply with the provisions of FWCC Chapter 20, "Subdivisions"; Chapter 18, "Environmental Protection"; Chapter 22, "Zoning"; and all other applicable local and state development codes and regulations. As proposed, and as mitigated by City staff, the preliminary plat application complies with all applicable statutes, codes, and regulations including those required in FWCC 20-125(c)(5). RECOMMENDATION The Examiner recommends that the City Council approve the preliminary plat as set forth in the staff report for 08-100555-00-SU by Senior Planner Jim Harris, subject to conditions 1 through 8 {BFP699241.DOC; 1113041.15001011 EXHIBIT-\- PAGE '2> OF Findings, Conclusions and Recommendation Preliminary Plat Recommendation p. 8 therein noted. Dated this -'j ,,-.. ~ L-5 day of June, 2008. {BFP699241.DOC; 1113041.1500 1 OI} Preliminary Plat Recommendation p. 9 , -->-------- Phil Olbrechts Hearing Examiner City of Federal Way EXHIBIT PAGE ~ OF Findings, Conclusions and Recommendation ~ CITY OF ~ Federal Way COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER SOUTH 320TH PLACE PRELIMINARY PLAT Federal Way File No. 08-100555-00-SU PUBLIC HEARING June 11,2008 Federal Way City Hall City Council Chambers 33325 8th Avenue South Table of Contents I. Project Information n............ no..... ....... ......... ....... .....n no... n no........ ......... .............. ....... nn'n ...... ..........2 II. Consulted Departments and Agencies "n... ........ ...... ........... .... .......... ....... ........... .... ... ......... .....n......... 4 III. State Environmental Policy Act (SEP A) ..On................. ...................................................................... 5 IV. Natural Environment .... ..... ....n .... ................ n.n... .............. n....... ................. ...... .................... ............. 5 V. Neighborhood Characteristics. no..... .... ... ........... n... ...n....... ....... .......... ........... .............. ....... ............ ...7 VI. Preliminary Plat Design........ .... ...... .... ........ ...... n... "'n.. ......... .... .... ... ....... ..... ........... ...................... ..... 7 VII. Transportation. ......... ........... n. ........ .................... .......... ..... ...... ............... ........................... ............... 10 VIII. Public Services .......... ....................... .......... .n...n.. ..... n. ......... ....... ........................ ........n.................. 11 IX. Utilities............... ........ ...................................................................................................... ......... ....... 12 X. Analysis of Preliminary Plat Decisional Criteria..............................................................................13 XI. Findings of Fact .... .... ........ n... ...... ..... ......... ......... ..... "n ......... .............. ........ ........ ..... ............. ....,.. ....14 XII. Recommendations ....... ............. .... ..... ....... ...... ... n... n... ........ .....n...... .., .......... ............ ........ ........n..... 21 XIII. List of Exhibits ... ............ ...... ............ no.. ..... ... ........ ...n........ .......... ....... ............ ................................. 22 Report Prepared by: Jim Harris, Senior Planner June 4, 2008 EXHIBIT B PAGE OF J"1 Staff Report for the Public Hearing of June 11,2008 South 320th Place Preliminary Plat File No: 08-100SSS-00-SU Engineer: Pace Engineers Kennith Nilsen, P .E. 1601 2nd Avenue, Suite 1000 Seattle, W A 98101 206-441-1855 Owner: Quadrant Homes George Cook PO Box 130 Bellevue, W A 98009 425-452-6553 Action Requested: The applicant is seeking preliminary plat approval pursuant to Federal Way City Code (FWCC) Chapter 20, "Subdivisions" (FWCC Section 20-110, Division 6, "Preliminary Plat"). Relevant Dates: Preliminary Plat Application Filed: February 5,2008 Application Determined Complete: February 22, 2008 Notice of Application Published: February 27,2008 SEP A Determination Issued: April 9, 2008 SEP A Addendum Issued May 22, 2008 Staff Representative: Jim Harris, Senior Planner, 2S3-83S-2649 Staff Recommendation: Preliminary Plat Approval with Conditions I. PROJECT INFORMATION A. Decision Requested Preliminary Plat Approval- The preliminary plat application is subject to a public hearing by the Hearing Examiner, recommendation to the City Council, and decision by the City Council. An analysis of the applicable preliminary plat decisional criteria, findings, and recommendations is provided under Sections X, XI, and XII of this report. B. Description of the Project, Property, and Vicinity 1. Description of the Proposed Subdivision - The applicant proposes to subdivide an approximate 19.06-acre parcel ofland into lIS single-family residential lots (Exhibit)- Master Land Use Application). The following plans were submitted with the application: B PAGE .:1 pageOF ;) i South 320m Place Preliminary Plat Staff Report to the Hearing Examiner ~ · Preliminary plat map by Pace Engineers, dated February 2008, sheet C-I; · Existing Conditions Plan map by Pace Engineers, dated February 2008, sheet C-2; · Preliminary paving, grading and drainage plan by Pace Engineers, dated February 2008, sheet C-3; · Preliminary Street Sections by Pace Engineers, dated February 2008, sheet C-4; · Preliminary Utility Plan by Pace Engineers, dated February 2008, sheet C-5; · Significant Tree Plan by Pace Engineers, dated February 2008, sheet C-6; · Preliminary clearing and grading plan by Pace Engineers, dated February 2008, sheet C-Il; · Conceptual Landscape Plan by Weisman Design Group, dated 11/30/07, sheets L 1.0 and L 1.1. (Exhibits 3-10). 2. Property Description - The vacant 19.06-acre site is located along the City's northerly boundary east of Interstate-5, adjacent to the north side of South 320th Street and between Interstate-S and Military Road (Exhibit 2- Vicinity Map). The site is accessed from South 320th Street at both the northerly extension of 3200 Avenue South and at the northerly extension ofWeyerhaeuser Way South. 3. Demonstration Project - The proposal is a small lot demonstration project as permitted in FWCC Section 20-155 and 22-665 (Exhibit J 1). The purpose of the small lot demonstration project is to promote additional housing ownership opportunities within multi-family (RM) residential zoning districts, and provide design flexibility and innovation consistent with the site and the comprehensive plan. Small lot detached developments must obtain designation as an innovative housing demonstration development based on an approval process defined in Federal Way City Council Ordinance 07-554. The proposal by Quadrant was selected as the City's first small lot demonstration project as identified in the City's January 22,2008, Conditional Approval of the Demonstration Project (Exhibit 12). Conditions of the demonstration project approval by the City are summarized as follows: · centrally locating on-site usable open space, · provide for usable on-site open space, · minimization of retaining walls, · home designs to include porches, · limitation on double garages to alleys only, · .trim detail for homes, · pedestrian connectivity within the Olympic Pipeline easement and in the vicinity of Lot 48 to the BP A corridor, · open space near the plat entrance, · street alignment, · pavement details, and, · incorporation of design and site amenities into the drainage /wetlandlbuffer area. 4. Lot Sizes, Density - The small lot demonstration project in an RM-2400 zoning district requires a minimum lot size of 2,400 square feet per lot as specified in FWCC Section 22- 66S. As shown on the preliminary plat map, Sheet C-I, by Pace Engineers, (Exhibit 3), all lots in the plat meet or exceed the underlying code-required minimum lot size of 2,400 square feet (SF). The lots in the plat range in size from 2,640 to S,921 square feet, with an average lot size of approximately 2,900 square feet. OtlJle~ B ,.'AGE :) Page DF ;J 3 South 320m Place Preliminary Plat Staff Report to the Hearing Examiner 5. Critical Areas - The subject site contains four regulated wetlands. Two of the regulated wetlands are proposed to be filled/impacted with development of the plat. Wetland creation and mitigation is proposed to occur adjacent to Wetland U, near the southeast corner of the site. 6. Land Use, Zoning and Comprehensive Plan Designation - DIRECTION ZONING COMP PLAN EXISTING LAND DESIGNATION USE Site RM-2400 Multi-Familv Vacant North R-4, OP, R-18 Corrunercial, Urban Res BP A Transmission High Density> 12 DU, Lines, Single-Family Urban Res 4-12 DU(KC); Multi-Family, SF High Density, Professional Office (CityPAA Designation) South OP-l Office Park Office Buildings East OP, R-18(KC), NB-P(KC) Office, Urban Res High Fire Station, SF Density> 12 DU(KC), Office, Multi-Family, and SF High Density (City P AA DesiJW.ation) West OP, CB (KC) Corrununity Business, Single-Family Corrunercial, Urban Res 4- 12 DU(KC); Community Business (City P AA Designation) (Exhibits 220 - 22c, Zoning and Comprehensive Plan Maps) II. CONSULTED DEPARTMENTS AND AGENCIES The following departments, agencies, and individuals were advised of this application. A. The City of Federal Way Community Development Review Committee (CDRC), consisting of the Federal Way Community Development Services Planning and Building Divisions; Public Works Engineering and Traffic Divisions; Parks Recreation and Cultural Resources Department; Federal Way Department of Public Safety (police); South King Fire and Rescue; Lakehaven Utility District; and Federal Way Public Schools. CDRC comments have been incorporated into this report where applicable. B. All property owners within 300 feet of the site were mailed notices of the application. The site was also posted and notice published in the newspaper and on the City's official notice boards. A total of seven comment letters were provided to the city in response to the Notice of Application and SEP A determination. (Exhibits J 70 -17g). South 320'h Place Preliminary Plat StafTReport to the Hearing Examiner C. In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18, "Environmental Protection," all property owners within 300 feet of the site, and all affected ~y,....~!~ B ~5"55~'Jl4flOl PAG~~OF '7] agencies, were notified of the proposed action and the City's environmental decisions. In addition, the site was posted and notice placed in the newspaper and on the City's official notice boards. III. STATE ENVIRONMENTAL POLICY ACT (SEPA) A. The City of Federal Way issued an Environmental Determination ofNonsignificance (DNS) for the proposed action on April 9, 2008 (Exhibit 14). This determination was based on review of information in the project file, including the environmental checklist and staff evaluation of the environmental checklist (Exhibits 15 and 16), resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment. The Federal Way Mirror failed to publish the DNS on April 9, 2008, as requested by the City, and the DNS was published on April 19, 2008, thereby extending the SEP A comment period until May 5, 2008, and extending the appeal period until May 19, 2008. B. The comment period for the DNS concluded on May 5, 2008. The City received a total of seven written comments letters in response to the earlier Notice of Application and SEP A determination (Exhibit 18). The SEPA appeal period ended on May 19,2008, with no appeals to the City's environmental decision. The environmental decision is incorporated as though set forth in full. c. On May 22, 2008, the City of Federal Way issued an addendum to the SEPA DNS. The SEPA Addendum addressed comments from King County and Lakehaven Utility District regarding construction of utility lines that exceed 8 inches in diameter and construction of 32nd Avenue South within King County and the need for a right-of-way permit from King County for construction of 320d A venue South. The items addressed in the SEP A addendum were not identified in the applicant's SEPA checklist. IV. NATURAL ENVIRONMENT A. Soils, Topography, Slopes - The 1973 King County soils survey map lists the soils type as Alderwood Gravelly Sandy Loam (AgB), 0-6 percent slopes. Alderwood soils are characterized as moderately well drained soils that have a weakly consolidated to strongly consolidated substratum at a depth of 24 to 40 inches. AgB soils are described as capable for urban development, runoff is slow, and erosion hazard is slight. Typical soils excavation and grading will occur with the street construction, at the site of the storm detention facility, and for utility installation. The preliminary grading and utilities plan depicts clearing limits for construction of the following facilities: street rights-of-way, surface water pond, usable recreation area, all lIS lots, and a portion of Wetland U. The applicant has proposed to clear and grade all lots with construction of plat infrastructure. Generally, the site slopes gently to the north from South 320th Street. The preliminary plat site does not have any steep slopes or any other geologically hazardous areas. B. Vegetation- Approval of the preliminary plat is subject to submittal and approval of a tree clearing plan and landscape plan pursuant to FWCC Section 20-158. City policy and FWCC South 320'h Place Preliminary Plat OS: l.d~~5UJ8JJ:; Staff Report to the Hearing Examiner , ~ ':: ;t-l'age 5 OF i't\.it., ~ B :J~ Section 20-179 state that existing mature vegetation shall be retained to the maximum extent possible. The site is currently covered with a mixture of second growth conifer trees, alder and other deciduous trees, and understory vegetation. According to the Significant Tree Plan prepared by Pace Engineering, Sheet C-6 (February 2008) there are 551 total significant trees! existing on the site. Development of the site as proposed would eliminate 507 (92%) of the existing significant trees on the site. Pursuant to the provisions of FWCC Section 22-1568, removal of more than 75 percent of the significant trees requires replacement in the amount of25 percent of the existing significant trees. Therefore, 138 significant trees must be retained and/or replaced on site. However, significant tree retention and replacement standards do not apply to significant trees that are located within areas to be improved for right-of-way and public utility areas. Therefore, the significant tree/ retention and/or replacement count may be slightly lower than the number of 138, should the applicant choose to revise the significant tree plan to eliminate those exempt trees. The significant tree plan proposes to retain 44 significant trees within Native Growth Protection Tract A, as shown on the Significant Tree Plan sheet. On plan sheet C-6, the applicant has requested to receive double credit for retention of 44 significant trees with overlapping canopies. However, supporting documentation regarding the extent of the overlapping canopies and compliance with applicable FWCC has not been provided not approved to allow double credit for significant tree retention as requested. In an e-mail t9 City staff from the project applicant dated, May 12, 2008 (Exhibit 19) the applicant concurs to provide replacement of a minimum of 94 trees, in addition to retention of 44 significant trees on site. The Preliminary Grading and Utility Plan identifies removal of all the significant trees and other vegetation in areas of development including: installation of streets, storm drainage facilities, utility areas, and on all of the individual lot areas. As discussed in section VLE, Grading, below, City staff will review the proposed clearing and grading of the site during engineering review, as well as review of significant tree replacement and additional landscape requirements for wetland buffer creation and buffer restoration, street trees installed in the right-of-way behind the curbs, and vegetative buffering planted along South 320th Street in accordance with FWCC standards. C. Wetlands - The applicant's wetland biologist, working in conjunction with the City's wetland biologist, identified six wetlands on or adjacent to the site.2 Any wetland or wetland buffer intrusions are subject to the provisions of the FWCC. Two of the wetlands on or adjacent to the site are exempt from regulation by the City, as they are less than 2,SOO square feet. Two of the wetlands are Category II wetlands requiring a 100-foot buffer, and two of the wetlands are Category III wetlands that are between 2,SOO SF and 10,000 SF requiring a 2S-foot buffer. I A significant tree is defined in the FWCC as a tree that is in good health, not detrimental to the community, and at least 12 inches in diameter 4.5 feet above the ground, not including red alder, cottonwood, poplar, or big-leaf maple. 2 Wetland A is 462 SF in size and is exempt from regulation by City of Federal Way; Wetland AA is a 5,596 SF Category III wetland with a 25-foot buffer; Wetland C is a 4,930 square-foot Category II wetland with a 100-foot buffer; Wetland D is a 117,278 (434 square feet on-site) category II wetland with a 100-foot buffer; Wetland S is a 1,144 square-foot off-site wetland and is exempt from regulation by City of Federal Way; and Wetland U is a 7,938 square-foot Category III wetland with a 25-foot buffer. South 320lh Place Preliminary Plat Staff Report to the Hearing Examiner ~ PAGE~OF {J ~3 Wetlands A, AA, and S are proposed to be filled due to grading activities in conjunction with roadway and infrastructure construction and lot development. A portion of Wetland U is proposed to be filled in conjunction with construction of the plat and stormwater facilities. Wetland reports and subsequent letters prepared by Talasaea Associates (revised May 19,2008), provide relevant information about wetlands and associated wetland setback areas; wetland function and values; development impacts; proposed mitigation; construction management; monitoring; maintenance; and contingency for each impacted area. The Federal Way Hearing Examiner shall review the requests for wetland and wetland setback areas intrusions consistent with the procedural requirements of Process N Hearing Examiner Review, as discussed in the staff report for Process IV Hearing Examiner Review oj Proposed Wetland Elimination and Wetland Buffer Reduction, South 32d" Place Preliminary Plat, Federal Way file number 08-100557-00-UP. Specific wetland displacement and buffer reduction and mitigation proposal will be presented for review and approval to the Federal Way Hearing Examiner concurrently with this preliminary plat application. V. NEIGHBORHOOD CHARACTERISTICS A. Vicinity - The property is situated along the City's northerly boundary east ofI-5. The subject property is undeveloped and vacant and is surrounded by a variety of land uses including a fire station, single-family residences, BP A Transmission lines, and South 320th Street. The north, west, and a portion of the east property lines form a portion of the city's corporate boundary. While the site is vacant, the site is surrounded by various developed and undeveloped properties both within the City boundary and within unincorporated King County. B. The Olympic Pipeline, which transports petroleum products, traverses the subject property in a north-south direction in the western portion of the site within an existing 20-foot-wide easement. The Olympic Pipeline Company has reviewed the preliminary plat and provided comments in an enclosed undated letter received on May 20, 2008 (Exhibit 20). VI. PRELIMINARY PLAT DESIGN A. Lot Layout, Building Setbacks - The 320lh Place subdivision is a single-family residential subdivision with a roadway network that will provide an internal roadway loop. The plat provides for future roadway connections/extensions for both 320d A venue South to extend to the north, and for the future extension of South 3I7lh Street to the north, at the west end of the site. The plat has a combination of public roadways, and private roadways and alleys. The proposed lIS lots range in size from approximately 2,640 square feet to 5,921 square feet with an average lot size of approximately 2,900. Generally, most of the proposed lots are rectangular-shaped; and several of the lots are pie shaped. Access to lots 36 - 39,64,65, 101, 102, and 103 are from private vehicular access tracts. Access to lots 3 - 11 and lots 72 - 100 are accessed by private access alley tract. Under the FWCC, each lot must provide a minimum front yard structural setback of 20 feet, a side and rear yard structural setback of five feet, and no specific maximum lot coverage requirement applies. For the purposes of preliminary plat review, the building setback lines (BSBL) are accurately depicted on the preliminary plat map, and each lot contains an adequate building area as required under the FWCC. South 320'h Place Preliminary Plat Staff Report to the Hearing Examiner 1!XH18~ PAGE -7 OF A '1 B. Open Space - To provide adequate recreational opportunities commensurate with new residential development, FWCC Chapter 20, "Subdivisions," requires dedication of land on site for open space, or a fee in lieu payment. Per FWCC Section 20-156, a minimum of 15 percent of the gross land area shall be provided as open space, with a minimum 10 percent gross area as usable open space. Therefore, the total open space required for this plat is 124,538 feet (2.85 acres, or 15 percent of the 830,253 square-foot parcel). The total usable open space required for this plat is 83,025 feet (1.90 acres, or 10 percent of the 830,253 square-foot parcel). To comply with the open space requirements, the applicant has proposed several open space areas on site as follows: TRACT OPEN SPACE TYPE SIZE (ACRE) TOTALS Tract N Usable 1.35 ac Tract 0 Usable 0.3 7 ac Tract P Usable 0.20 ac Tract G Usable 0.03 ac Tract I Usable 0.13 ac TOTAL USABLE 2.08 ac (10.9 %) Tract E Buffer 0.2S ac Tract M Buffer 0.21 ac TOTAL BUFFER .46 ac Tract A Conservation 2.1 0 ac Tract B Conservation .06 ac TOTAL CONSERVATION 2.16 ac Tract D Constrained 0.25 ac TOTAL CONSTRAINED 0.2S ac TOTAL OPEN 4.9S ac (26% of SPACE site) The total 2.08 acres of proposed usable open space in Tracts N, 0, P, G, and I exceeds the minimum required amount of 1.90 acres. Usable open spaces are provided in Tract N, to be developed with grass areas and pedestrian trails; Tract 0 to be developed with grass, and a sport court; Tract P to be developed with a children's tot lot and landscaping; Tract G with landscaping; and Tract I with a pedestrian trail. In addition, a condition of the January 22,2008, Small Lot Demonstration Project Approval requires a pedestrian connection in the vicinity of Lot 48, between South 318th Street and the BP A corridor. The applicant identified in an e-mail to City staff dated May 12, 2008, that the pedestrian connection would be provided between lots 43 and 44. Buffer open space is proposed in Tract E, along the stormwater pond, and Tract M adjacent to the BP A Corridor. Buffer open space is also required adjacent to South 320th Street on the final plat. South 320th Place Preliminary Plat Staff Report to the Hearing Examiner f!XfilB1T~ PAGE 8' OF;) 1 The total of 4.95 acres of open space equates to approximately 26 percent of the gross site area, which exceeds the IS percent minimum gross open space area requirement. Each of the open space tracts wi)) be owned and maintained by the homeowners' association. The final plat shall make provisions for ownership and maintenance of each tract. Limitations on use and development of the conservation tracts shall be provided on the final plat. Prior to issuance of construction permits for the preliminary plat, the applicant shall provide a final open space plan for review and approval by City staff. C. Vehicular Access and Circulation - Primary vehicular access to the site will be provided via the northern extension ofWeyerhaeuser Way and the northern extension of 3200 Avenue South, both from South 320th Street. The 3200 A venue South right-of-way is outside Federal Way corporate boundaries, but will be constructed in accordance with King County standards as a part of the preliminary plat improvements. To comply with FWCC Section 20-ISI, which requires block perimeters no longer than 1,320 feet for non-motorized trips and 2,640 feet for streets, South 317tb Street within the plat is stubbed to extend to the north in conjunction with future development. Pursuant to FWCC street improvement standards, all street improvements must be dedicated to the City of Federal Way for right-of-way and must be improved to applicable City standards, except private access and private alley tracts. See Section VII of this report for a detailed description of the proposed roadway system and improvements. D. Pedestrian System - As proposed and recommended, the plat complies with the FWCC subdivision code requirements for on- and off-site pedestrian circulation; providing five-foot sidewalks on both sides of interior streets and the exterior frontage street. The plat also provides for a pedestrian trail within proposed open space Tracts Nand L In addition, the January 22, 2008, small lot demonstration project approval required an additional pedestrian connection in the vicinity of Lot 47. Pursuant to the applicants' e-mail dated May 12,2008, (Exhibit 19) the project will also incorporate an 8-foot-wide trail within a 14-foot tract between lots 43 and 44. E. Clearing, Grading - Pursuant to FWCC Section 22-179, the preliminary plat is subject to approved preliminary clearing and grading plans, and all natural vegetation shall be retained on the site to be subdivided, except that which will be removed for infrastructure improvements or grading as shown on approved engineering plans. The applicant has proposed to clear and grade all of the proposed 115 lots at the time of construction of the infrastructure. The proposed unified grading plan would include clearing areas for roadways, storm drainage facility, utilities, the filling of wetlands A, AA, S, and filling a portion of Wetland U. The applicant, in their February I, 2008, project description, identified that clearing and grading of the lots at the time of the infrastructure as a unified grading plan is vital to the project. The applicant cites reduction of truck traffic and balancing on-site cut and fill, as factors to support a unified grading plan. With the proposed clearing and grading activities, the applicant would be removing 92 percent of the significant trees located on the site, leaving approximately 8 percent of the significant trees and corresponding native vegetation within the NGPE. South 320th Place Preliminary Plat Staff Report to the Hearing Examiner ~6 ~'AGE iage 9 OF :;"1 The City will review the proposed grading and clearing request pursuant to FWCC Section 22- 1568( c)( I) in conjunction with engineering review and subject to conditions of preliminary plat approval. F. Right-of- Way Vacation Request - The applicant has submitted a formal request to the City to vacate 10 feet of the South 320th Street right-of-way, adjacent to the south side of the plat. This right-of-way vacation request will be reviewed and decided upon by the Federal Way City Council under a separate review. The 100foot linear strip that the applicant has requested to have vacated would be used for the required 10-foot landscape buffer along South 320m Street. Should the right-of-way vacation not be approved, the applicant will need to re-design the plat to . provide the code required 10-foot-wide landscape buffer strip adjacent to South 320th Street. G. Landscaping- The applicant's preliminary landscape plan (Exhibit JO) provides landscaping as required by the FWCC Chapter 20, "Subdivisions," including street trees along public roads. FWCC Section 20-178 requires a ten-foot-wide Type 1lI landscape buffer to shield new residences from arterial streets, which applies to the project frontage along South 320th Street. The landscaping along South 320th Street shall be irrigated and backed by a fence the length of the site to provide a quality design. The ten-foot arterial buffer landscaping must be provided in a separate tract prior to final plat approval. Currently, as proposed, the landscaping is proposed within the public right-of-way for South 320th Street. The applicant has submitted a right-of-way vacation request under separate application. The right-of-way vacation request would provide the applicant an additional ten feet of property along the project frontage and allow the landscaping to be implemented in a private tract. As a recommended condition of preliminary plat approval, the applicant's final landscape plan shall be prepared in accordance with all FWCC requirements and preliminary plat conditions of approval and shall be submitted for the City's review and approval prior to issuance of an engineering approval for plat improvements. VII TRANSPORT A nON A. Street Improvements - As proposed and as required by the FWCC, all internal and external roadways shall be improved to all applicable FWCC street standards, and rights-of-way must be dedicated by Statutory Warranty Deed to the City of Federal Way. All internal roadways, private alleys, and private access tracts shall be designed in accordance with City standards. Internal roadways shall be designed in accordance with local access standards (Street Section 'W'). The applicant has applied for, and the Public Works Department approved, a modification to the local access road standard. The approved modified street section requires a 28-foot paved roadway, 4'lS-foot planter strips with street trees, 5-foot sidewalks, and 2'lS-foot utility strips with street lights, within a 52-foot right-of-way. The applicant also received approval to include curb 'bump-outs' at the internal roadway intersections, as shown on the preliminary plans. All alleys shall be designed in accordance with City standards for private alleys (City Standard Drawing 3-2EE), and private access tracts shall be in accordance with City standard Drawing 3- 2Y, modified to eliminate the 5-foot sidewalk on one side of the roadway. Private alleys and access tracts will be owned and maintained by the future homeowners. South 320"h Place Preliminary Plat Staff Report to the Hearing Examiner ~n PAGE-10PagetbF ~? Street improvements required along the subdivision frontage adjacent to South 320th Street shall be in accordance with City standards for a Principal Arterial (Street Section' A '). Required improvements to South 320th Street also include modifications to the existing traffic signals at 32nd Avenue South and Weyerhaeuser Way South. The western plat boundary is un-improved right-of-way (3200 Avenue South) owned by King County. The applicant has agreed to construct Yz-street improvements along 3200 A venue South in accordance with City of Federal Way street standards for a Principal Collector (Street Section '0'). City required improvements for 3200 Avenue South include 24 feet of paved roadway, 6- foot planter strip with street trees, 8-[00t sidewalk, and 3-foot utility strip with street lights. Additional improvements may be deemed necessary by King County development review and traffic division staff. An additional 11 feet of right-of-way dedication is required along the western plat boundary, in order to accommodate the required improvements. Approval of a King County right-of-way permit is required prior to construction of the improvements within the 3200 Avenue South right-of-way. The Public Works Department has reviewed the street layout for the proposed subdivision, and has concluded that they are consistent with the adopted codes and the comprehensive plan. B. 32nd Avenue South - The proposed access to the site at the westerly end of the property is within the 32nd Avenue South right-of-way corridor. The 3200 Avenue right-of-way corridor is outside the City of Federal Way corporate limits. King County has jurisdiction for review of the construction design and permit review for 320d A venue South roadway construction to be completed by the applicant. The proposed access at 3200 Avenue is necessary to meet the second access point for the plat, and must be completed and accepted by King County by final plat approvaL C. Off-Site Traffic Mitigation - This proposal has been reviewed under the City's Transportation Concurrency requirements. The City's Traffic Engineer has conducted a review of the transportation impacts from the proposal and conducted a Transportation Concurrency Analysis for the proposal in accordance with FWCC Chapter 19. The proposal impacts 16 Transportation Improvement Plan (TIP) projects on the City's 6-Year TIP. The applicant shall either construct the impacted Transportation Improvement Plan projects identified in the April 17, 2008 Concurrency Decision, or alternatively pay a pro-rata share of$361,114.00 toward the impacted TIP projects prior to final plat approval. On April 28, 2008, the applicant accepted the Transportation Concurrency decision (Exhibit 21, Concurrency Decision). VIII. PUBLIC SERVICES A. Schools - As part ofthe City's review of the proposal, the preliminary plat application was referred to the Federal Way School District for review. A January 23, 2008, school access analysis submitted by the applicant (Exhibit 23) indicates that Lake DoloffElementary, Kilo Middle School, and Thomas Jefferson High School will serve the proposed subdivision. School service areas are reviewed annually and may be adjusted to accommodate enrollment growth and new development. As identified in a May 28,2008 email from Geri Walker with Federal Way Public Schools (Exhibit 24) the District anticipates that bus transportation would be provided for all school age children, and bus stops would be located within the 320th Place subdivision. South 320lh Place Preliminary Plat Staff Report to the Hearing Examiner ~B PAGE~OF ,J3 School impact fees, as authorized by City ordinance and collected at the time of building permit issuance, are currently $3,883.00 per single-family housing unit. School impact fees are determined on the basis of the District's Capital Facilities Plan and are subject to annual adjustment and update. B. Parks & Open Space - The subject site is approximately Y:z mile from the North Lake Fishing Access, and approximately one mile from Steel Lake Park. The proposed plat provides a variety of usable, constrained, and buffer open spaces on site. Overall, approximately 26 percent of the site is open space, of which approximately 10.9 percent of the site is proposed as usable open space. The proposed open space plan with the exception of the arterial buffer along South 320th Street meets the open space minimum requirements in FWCC Section 22-156 for the purposes of preliminary plat review. C. Fire Protection - South King Fire and Rescue requires that a fire hydrant be located within 350 feet of each lot. The Certificate of Water Availability from Lakehaven Utility District indicates that water will be available to the site in sufficient quantity to satisfy fire flow standards for the proposed development. The exact number and location of fire hydrants will be reviewed and approved by South King Fire and Rescue. IX. UTILITIES A. Sewage Disposal- The applicant proposes to serve the proposed plat by a public sewer system managed by Lakehaven Utility District. A January 11, 2008, Certificate of Sewer Availability (Exhibit 25) indicates the district's capacity to serve the proposed development through a Developer Extension Agreement (DEA) between the applicant and the district. B. Water Supply - The applicant proposes to serve the subdivision with a public water supply and distribution system managed by the Lakehaven Utility District. The January 11, 2008, Water Availability Letter (Exhibit 26) indicates Lakehaven's capacity to serve the proposed development through a Developer Extension Agreement (DEA). C. Drainage Facilities - Stormwater Runoff-Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the 1998 King County Suiface Water Design Manual (KCSWDM) and the City's amendments to the manual. The project site is located within the East Branch Sub-basin of the Hylebos Creek Drainage Basin. The project is required to provide Levell Flow Control (detention) and Basic Water Quality Treatment, per the design criteria of the KCSWDM. South 320.h Place PTeliminary Plat Staff Report to the Hearing ExamineT The site is comprised of two separate drainage sub-basins, divided by a north-south running ridge, with approximately 2/3 of the site's stormwater runoff draining toward the southwest portion of the site, and the remaining 1/3 of the site draining toward the southeast comer. The existing stonnwater flows from each of these sub-basins are conveyed downstream through a series of natural and man-made storm drainage systems, and combine into a single conveyance system approximately one-half mile downstream of the project site. The KCSWDM specifies that project sites with separate discharge areas that combine flows beyond Y4-mile of the site, must provide separate on-site flow control and water quality treatment for each sub-basin. ~B PAGE } ,ge IOF ).'1 The applicant requested, and the City approved, an adjustment to the requirement to provide separate flow control and water quality facilities for each on-site sub-basin. The applicant proposes to direct a majority of all on-site stormwater to the new pond located in the eastern sub- basin. The applicant's engineer provided additional analysis that demonstrates that the existing (eastern sub-basin's) downstream conveyance system has adequate capacity to convey and contain the 2S-year storm events, as required under the KCSWDM. The analysis also demonstrates the existing downstream conveyance system has the capacity to convey the 25-year storm events under future build-out of the upstream tributary sub-basin. The on-site stormwater pond facility, providing both flow control and Basic water quality treatment, is proposed near the southeast comer of the site. Because the stormwater pond discharges to the adjacent wetland to the east, the flow control portion of the pond has been designed to the requirements set forth by the U.S. Army Corps of Engineers, in order to mitigate the impacts of stormwater discharge to the wetlands. The Corps of Engineers requires a higher level of flow control than that required by the City, thereby providing sufficient stormwater impact mitigation. This higher level of flow control also serves to mitigate impacts on the downstream drainage conveyance system. The western site sub-basin currently drains to an 18-inch culvert crossing under South 320lb Street, which discharges to an existing wetland located on the south side of the street. A portion of the site's future roof drains will drain to the existing culvert, with the intention of maintaining some hydrology to the wetland. The applicant's storm drainage Technical Information Report (TIR), dated February 26,2008, revised April I, 2008, (Exhibit 29) was reviewed and preliminarily approved by the City's Public Works Department. Final review and approval of the storm drainage facilities as shown on the engineering plan will occur in conjunction with full drainage review. Stormwater design and plat drainage elements must conform to the standards, policies, and practices of the City of Federal Way's Surface Water Management Division as outlined in the adopted KCSWDM and City amendments, the Comprehensive Suiface Water Management Plan, and the Storm water System Operation and Maintenance Manual. The approved storm drainage facilities must be constructed per City code requirements, prior to final plat approval and recording of the subdivision. The detention facilities shall be screened with vegetation from the plat, the right-of-way, and surrounding properties. Cyclone fencing, if used, shall be black or dark green vinyl coated. X. ANALYSIS OF PRELIMINARY PLAT DECISIONAL CRITERIA The FWCC establishes review procedures and decisional criteria for deciding upon various types of land use applications. Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-110, preliminary plat applications are submitted to the hearing examiner for public hearing. The preliminary plat application and the recommendation of the Hearing Examiner are submitted to the City Council for approval or disapproval. Hearing Examiner Preliminary Plat Decisional Criteria - Pursuant to FWCC Section 20-126(c), the Hearing Examiner may recommend approval of the proposed preliminary plat only if the following decisional criteria are met. Decisional criteria and staff responses are provided' below. South 320'h Place Preliminary Plat Staff Report to the Hearing Examiner 1!)Wl1fUJ~~ B PAGE -L, OF:J .1 1. The project is consistent with the comprehensive plan. Staff Comment: The application is subject to the adopted Federal Way Comprehensive Plan (FWCP), which designates the property as multi-family. The proposed land use, Single-Family Residential, with 2,400 square-foot minimum lot size is consistent with density allowances and policies applicable to this land use as established in the FWCP. 2. The project is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan. Staff Comment: The preliminary plat application is required to comply with the provisions of the FWCC Chapter 18, "Environmental Policy"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning"; and all other applicable codes and regulations. Future development of the residential subdivision will be required to comply with all applicable development codes and regulations. As proposed, and with conditions as recommended by staff, the preliminary plat will comply with all provisions of the chapter. 3. The project is consistent with the public health, safety, and welfare. Staff Comment: The proposed preliminary plat would permit development of the site consistent with the current multi-family land use classification of the FWCP and map. Proposed access and fire hydrant locations must meet all requirements of South King Fire and Rescue. Future development of the plat in accordance with applicable codes and regulations will ensure protection of the public health, safety, and welfare. 4. It is consistent with the design criteria listed in FWCC Section 20-2. Staff Comment: The proposed preliminary plat would promote the purposes identified in FWCC Section 20-2 and the standards and regulations therein, as identified in the staff report, including effective use of land, promotion of safe and convenient travel on streets, provision for the housing needs of the community, protection of environmentally sensitive areas, and preservation of approximately 26 percent of the site as permanent open space. As proposed, and with conditions as recommended by City staff, the preliminary plat application complies with all provisions of the chapter. 5. It is consistent with the development standards listed in FWCC Sections 20-151 through 157, and 20-]58 through ]87. Staff Comment: Development of this site is required to comply with the provisions ofFWCC Chapter 20, "Subdivisions"; Chapter 18, "Environmental Protection"; Chapter 22, "Zoning"; and all other applicable local and state development codes and regulations. As proposed, and as recommended by City staff, the preliminary plat application complies with all applicable statutes, codes, and regulations. XI. FINDINGS OF FACT Based on an analysis of the preliminary plat application, environmental record, and related decisional criteria, the Department of Community Development Services finds that: South 320.h Place Preliminary Plat Staff Report 10 Ihe Hearing Examiner B age 14 PAGE.Jlt OF 2L 1. The proposal is to subdivide a vacant 19.06-acre parcel into lIS single-family residential lots, with associated roadway and utility improvements. The subject property is zoned RM2400 and the preliminary plat application was deemed complete on February 22, 2008. The proposal includes provision for various types of open spaces. The site contains several wetlands and the applicant has requested to displace two regulated wetlands and reduce one regulated wetland buffer width and provide compensatory wetland mitigation. 2. The proposed single-family residential plat is a small lot demonstration project as permissible in the RM-2400 zoning district under FWCC Section 22-665. The purpose of the small lot demonstration project is to promote additional housing ownership opportunities within multi- family (RM) residential zoning districts, and provide design flexibility and innovation consistent with the site and the comprehensive plan. The proposal by Quadrant was selected as the City's first small lot demonstration project as identified in the City's January 22,2008, Conditional Approval of the Demonstration Project. The conditions of the January 22,2008, small lot demonstration project approval must be implemented in the proposal. 3. The applicant has a submitted a separate Process IV application for wetland elimination and wetland buffer reduction that is being reviewed concurrently with the preliminary plat application. The wetland elimination and wetland buffer reduction proposal is being reviewed under City File No. 08-100557-00-UP and will be decided upon by the Hearing Examiner based on applicable decisional criteria identified in the FWCC. Development of public roadwqy improvements, construction of utilities, and construction of lIS building lots as proposed would result in permanent displacement and filling of Wetland AA and a portion of Wetland U, and reduction of the buffer for Wetland U. If the associated proposed wetland displacement, and wetland buffer reduction proposals are not approved by the Hearing Examiner as proposed, the preliminary plat may not meet applicable standards, and the preliminary plat may not meet applicable decisional criteria and/or FWCC code requirements. Modifications to the lot count, plat layout and design, and infrastructure improvements would be required if the wetland displacement and/or wetland buffer reduction is not approved. With conditions recommended by City staff, both the preliminary plat application and wetland displacement and wetland buffer reduction proposals meet applicable decisional criteria and FWCC requirements. 4. The applicant has proposed to fill and eliminate a total of 8,979 square feet of regulated wetland (fill S,596 square feet of Wetland AA and fill 3,383 square feet of Wetland U). The applicant has proposed mitigation of the filled wetland by creating 13,506 square feet of new wetland creation area around existing Wetland U. Pursuant to the Federal Way City Code (FWCC) Section 22-13S8(d), these requests require a Hearing Examiner review and approval under the provisions of Use Process IV. The applicant has also requested to reduce the required SO-foot wetland buffer to a 2S-foot buffer around created Wetland U. Pursuant to FWCC Section 22-1359(f), this request requires a Hearing Examiner review and approval under the provisions of Use Process IV. The applicant has also proposed to fill/eliminate two additional wetlands on site (Wetland A - 462 square feet, and Wetland S - 1,144 square feet), which are both under 2,500 square feet and are therefore not regulated by the Federal Way Critical Areas code. South 320.h Place Preliminary Plat Staff Report to the Hearing Examiner I!XHI8~ PAGE J~ OF . g ;J1 There are also portions of two other wetlands identified as Wetland C and D, located in the northeasterly portion of the site. Wetlands C and D are Category II wetlands with 100-foot buffers. Wetlands C and D and their 100-foot buffers are not impacted by the proposed development with the exception of potential wetland and wetland buffer enhancement for Wetland C and its buffer. The applicant's conceptual wetland creation plan shows the creation of 13,506 square feet of wetland creation area in the Wetland U complex. The wetland creation area is proposed on site, mainly adjacent to the east side of the existing Wetland U. This replacement meets the required 1.5:1 wetland creation ratio amount of wetland replacement, and there is no net loss of wetland area. In order to assure successful- wetland creation area on site and compliance with all applicable code requirements, the applicant will need to provide additional information to the City regarding groundwater levels and detailed soils information at and below the proposed grade of the proposed Wetland U creation area, prior to City review and approval of the final wetland mitigation and creation plan. The conceptual wetland plan does not presently provide adequate information to determine the viability of creating a successful wetland at the Wetland U complex. The current conceptual mitigation plan does not provide a 25-foot-wide buffer around all of created Wetland U. As identified in the ESA Adolfson review letter dated May 28, 2008, the conceptual mitigation plan must be revised to show all wetland buffers around created Wetland ,U being a minimum width of25 feet per FWCC Section 22-13S9(t). Modifications to the preliminary plat design, lot count, and roadway and utility designs may be necessary if the applicant is unable to provide detailed information identifying that hydrologic and geologic conditions in and around the proposed wetland creation Area U will ultimately result in wetland conditions. A final wetland creation and mitigation plan must be reviewed and approved by the City prior to any filling and grading of regulated wetlands and buffers on site. Design and construction of plat improvements in accordance with all state and local codes, policies, and regulations, and with all conditions as recommended, will ensure protection of environmentally sensitive areas and provide for the public health, safety, and welfare. 5. An Environmental Determination of Non sign ificance (DNS) was issued for this proposed action on April 9, 2008, based on a Staff Evaluation of Environmental Checklist. No appeals of the environmental determination were filed with the City. The City issued an addendum to the SEP A DNS on May 22, 2008, relating to construction of utility lines and a King County right- of-way permit requirement and construction permit requirements. 6. Lot sizes of the 115 proposed lots meet or exceed the underlying required minimum lot size of 2,400 SF; and range in size from 2,640 to 5,921 SF. 7. City staff received seven written comment letters, six of which were from public agencies and one from a neighbor. The public comments were considered in the environmental determination on the project. South 3201h Place Preliminary Plat Staff Report to the Hearing Examiner EXfflBlt:~~ R PAGE--LLz.-OF d i 8. The applicant has proposed to clear and grade all of the proposed lIS lots at the time of construction of the infrastructure. The proposed unified grading plan would include clearing areas for roadways, storm drainage facility, utilities, the filling of wetlands A, AA, S, and filling a portion of Wetland U. The clearing and grading would result in removing 92 percent of the significant trees on the site at the time of infrastructure construction. Approval of clearing limits, which exceeds the minimum necessary clearing area allowed by FWCC, warrants special considerations, conditions, and penalties should the applicant fail to perform site construction in a timely manner. Therefore, subject to the condition listed below, City staff supports clearing the individual lots at the time of plat infrastructure construction based on special circumstances. The recommended condition of approval regarding timing of clearing and construction, monetary penalty, erosion control, and efforts to preserve significant trees will mitigate the impact from clearing the individual lots in advance of individual building permits for each home. The two-month timeframe for initiating construction following final plat is based on Quadrant's time schedule (Exhibit 27), and the recommended $126,000.00 fee paid to the city if house construction activity does not commence within this time line is based upon the marketable value of the timber to be removed from the site as identified in the applicant's estimate (Exhibit 28). Due to the proposed small lot size resultant from the Demonstration Project, and reduction in truck trips from a unified grading operation, City staff supports the proposed unified grading plan subject to review of a final grading plan and subject to the recorrunended conditions of preliminary .plat approval. 9. The applicant's significant tree inventory indicates S07 of 551 significant trees will be removed from the site within the proposed grading limits, including those located in the displaced wetland areas and on individual building lots. All significant trees and vegetation within the preserved and created wetland and its setback will be retained in Critical Area Tracts, and the applicant's Wetland Mitigation Plan also proposes to add native vegetation in the wetland creation areas and buffer restoration areas. 10. The applicant's preliminary landscape plan provides landscaping as required by the FWCC Chapter 20, "Subdivisions," including street trees along public roads. However, the preliminary landscape plan does not provide the required 10-foot-wide Type III landscaping in a separate tract along South 320th Street required by FWCC Section 20-178. The ten-foot arterial buffer landscaping must be provided in a separate tract prior to final plat approval. Currently, as proposed, the arterial buffer landscaping is proposed within the public right-of-way of South 320th Street. The applicant has submitted a right-of-way vacation request to the City under separate application. The right-of-way vacation request, if approved, would provide the applicant an additional ten feet of property along the project frontage and allow the landscaping to be implemented in a private tract as required by FWCC. . A recorrunended condition of preliminary plat approval is that the applicant's final landscape plan shall be prepared in accordance with all FWCC requirements and preliminary plat conditions of approval and shall be submitted for the City's review and approval prior to issuance of an engineering approval for plat improvements. The landscaping along South 320'b Street shall be irrigated and backed by a fence the length of the site to provide a quality design. South 320'h Place Preliminary Plat Staff Report to the Hearing Examiner Exma1:f~ PAGEJ I OF l:)3 In addition, to assure compliance with applicable code requirements to contain the 10-foot-wide Type III landscaping in a separate tract along South 320th Street, the proposed 10-foot right-of- way vacation must be secured by the developer prior to issuance of construction plans for the plat infrastructure. The acceptability of proof of securing the right -of-way shall be at the discretion of the City of Federal Way. 11. The proposed plat provides a variety of usable, constrained, and buffer open spaces on site. Overall, approximately 26 percent of the site is open space, of which approximately 10.9 percent of the site is proposed as usable open space. The proposed open space plan meets the minimum open space requirements in FWCC Section 22-156. The final plat must include a minimum 14- foot-wide tract for pedestrian access in the vicinity of Lot 48, as required in the January 22, 2008, Small Lot Approval Decision by the City of Federal Way. In the applicant's April 25, 2008, response letter to City staff (Exhibit 27), the applicant proposed to dedicate to the City P ARCS Department the 1.35-acre Tract N open space in the northwest comer of the site within the BP A easement. The City will accept the Tract N open space for the purposes of public park, open space, and future trail use under the condition that the open space tract be owned and maintained by the homeowners' association until the time the City P ARCS Department requests public dedication of the Tract N in the future. If agreed upon by the applicant and the City, the final plat map shall note that Tract N is to be dedicated to the public (City P ARCS) when the City P ARCS Department requests dedication of the open space for development with public amenities. 12. The City's Traffic Division has conducted a review of the transportation impacts from the proposal and conducted a Transportation Concurrency Analysis for the proposal. The applicant shall either construct the impacted Transportation Improvement Plan projects identified on the April 17, 2008, Concurrency Decision issued by the City, or alternatively pay a pro-rata share of $361,114.00 toward the impacted TIP projects prior to final plat approval. On April 28, 2008, the applicant accepted the Transportation Concurrency Decision. 13. Public access to the plat will be provided by the extension of 3200 A venue South, adjacent to the north end of the site in unincorporated King County, and by the northerly extension of Weyerhaeuser Way South. Roadway connection will be provided in the plat and the interior roadway will provide a vehicular loop, and will provide for extension of two future vehicular connections to the north. Plat layout provides for good vehicle circulation in accordance with all applicable right-of-way improvement requirements. In accordance with the FWCC, all public street improvements must be dedicated as City right-of-way and improved to applicable FWCC street standards. The City's Traffic Division has reviewed the project and concluded that the proposed street layout is consistent with the adopted codes and comprehensive plan in place at the time of the complete application. 14. As proposed and as required by the FWCC, all internal and external roadways except 320d Avenue South and the private access tracts and alley tracts shall be improved to all applicable FWCC street standards, and rights-of-way must be dedicated by Statutory Warranty Deed to the City of Federal Way. All internal roadways, private alleys, and private access tracts shall be designed in accordance with City standards. Internal roadways shall be designed in accordance with local access standards (Street Section 'W'). The applicant has applied for, and the Public Works Department approved, a modification to the local access road standard. The approved modified street section requires a 28-foot paved roadway, 4Yz-foot planter strips with street trees, ~~ PAGE_' ~e IOF J'1 South 320lh Place Preliminary Plat Staff Report to the Hearing Examiner S-foot sidewalks, and 2%-foot utility strips with street lights, within a 52-foot right-of-way. The applicant also received approval to include curb 'bump-outs' at the internal roadway intersections, as shown on the preliminary plans. All alleys shall be designed in accordance with City standards for private alleys (City Standard Drawing 3-2EE), and private access tracts shall be in accordance with City standard Drawing 3- 2Y, modified to eliminate the 5-foot sidewalk on one side of the roadway. Private alleys and access tracts will be owned and maintained by the future homeowners. Street improvements required along the subdivision frontage adjacent to South 320th Street shall be in accordance with City standards for a Principal Arterial (Street Section 'A'). Required improvements to South 320th Street also include modifications to the existing traffic signals at 3200 Avenue South and Weyerhaeuser Way South. The western plat boundary is un-improved right-of-way (32nd Avenue South) owned by King County. The applicant has agreed to construct %-street improvements along 32nd A venue South in accordance with City of Federal Way street standards for a Principal Collector (Street Section '0'). City required improvements for 32nd Avenue South include 24 feet of paved roadway, 6- foot planter strip with street trees, 8-foot sidewalk, and 3-foot utility strip with street lights. King County has jurisdiction for review of the construction design and permit review for 32nd A venue South roadway construction to be completed by the applicant. Additional improvements may be deemed necessary by King County development review and traffic division staff. An additional II feet of right-of-way dedication is required along the western plat boundary, in order to accommodate the required improvements. Approval of a King County right-of-way permit is required prior to construction of the improvements within the 320d Avenue South right-of-way. The Public Works Department has reviewed the street layout for the proposed subdivision, and has concluded that they are consistent with the adopted codes and comprehensive plan. 15. As proposed and recommended, the plat complies with the FWCC subdivision code requirements for on- and off-site pedestrian circulation; providing five-foot sidewalks on both sides of interior streets and the exterior frontage street. The plat also provides for a pedestrian trail within proposed open space Tracts Nand L In addition, the January 22,2008, small lot demonstration project approval required an additional pedestrian connection in the vicinity of Lot 47. Pursuant to the applicant's e-mail dated May 12,2008, the project will also incorporate an 8-foot-wide trail within a 14-foot tI:act between lots 43 and 44. 16. The applicant provided a school access analysis that indicates that the site will be served by Lake DoloffElementary, Kilo Middle School, and Thomas Jefferson High SchooL Students traveling from the subdivision to each of the public schools will be bussed from new bus stops within the plat as deemed appropriate by the School District. Sidewalk improvements within the subdivision will provide safe access to school bus stops. School impact fees, as authorized by City ordinance and collected at the time of building permit issuance, are currently $3,883.00 per single-family housing unit. School impact fees are determined on the basis of the District's Capital Facilities Plan and are subject to annual adjustment and update. South 320tb Place Preliminary Plat Staff Report to the Hearing Examiner ~~ PAGE~OF 13 17. Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the 1998 King County Surface Water Design Manual (KCSWDM) and the City's amendments to the manuaL Compliance with the applicable regulations and recommended conditions of preliminary plat approval will ensure that all potential erosion, surface water runoff, water quality, and infiltration/storage-related impacts to wetlands are addressed. The project site is located within the East Branch Sub-basin of the Hylebos Creek Drainage . Basin. The project is required to provide Levell Flow Control (detention) and Basic Water Quality Treatment, per the design criteria of the KCSWDM. The applicant requested, and the City approved, an adjustment to the requirement to provide separate flow control and water quality facilities for each on-site sub-basin. The on-site stormwater pond facility, providing both flow control and Basic Water Quality Treatment, is proposed near the southeast comer of the site. The applicant's storm drainage Technical Infonnation Report (TIR), dated February 26, 2008, revised April I ,2008, was reviewed and preliminarily approved by the City's Public Works Department. Final review and approval of the storm drainage facilities as shown on the engineering plan will occur in conjunction with full drainage review. Stormwater design and plat drainage elements must conform to the standards, policies, and practices of the City of Federal Way's Surface Water Management Division as outlined in the adopted KCSWDM and City amendments, the Comprehensive Surface Water Management Plan, and the Stonnwater System Operation and Maintenance Manual. The approved storm drainage facilities must be constructed per City code requirements, prior to final plat approval and recording of the subdivision. The detention facilities shall be screened with vegetation from the plat, the right-of-way, and surrounding properties. Cyclone fencing, ifused, shall be black or dark green vinyl coated. 18. The preliminary plat was reviewed and determined to be consistent with all preliminary plat decision criteria set forth at FWCC Sections 20-126(1) through (5), including consistency with the comprehensive plan; consistency with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan; consistency with the public health, safety, and welfare; consistency with the design criteria listed in FWCC Section 20-2; and consistency with the development standards in FWCC Sections 20-1S1 through 20-157, and 20- 178 through 20-187. 19. The preliminary plat application was reviewed for consistency with all applicable state and local codes, policies and regulations, including the Federal Way Comprehensive Plan (FWCP); Federal Way City Code (FWCC) Chapters 18, "Environmental Policy"; 19, "Planning and Development"; 20, "Subdivisions"; 21, "Surface and Stormwater Management"; Chapter 22, Articles XIV, "Environmentally Sensitive Areas"; XIX, "Community Design Guidelines"; and XVI, "Improvements"; the 1998 King County Surface Water Design Manual; and King County Road Standards. As proposed and recommended by staff, the preliminary plat is consistent with the FWCP and all other applicable codes and regulations. South 320th Place Preliminary Plat Staff Report to the Hearing Examiner g<HfBJ.!PS700 B aft.;' 18 PAGE r?O OF :J 3 20. As required by RCW 58.17.110, the preliminary plat 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 wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and the public use and interest will be served by the platting of such subdivision and dedication. 21. Water and sewer facilities are available from the Lakehaven Utility District and are adequate to serve the proposed development. It is the applicant's responsibility to secure all necessary water and sewer services from the utility provider. 22. As proposed and recommended by staff, approval and development of the proposed preliminary plat will ensure consistency and compatibility with existing surrounding non-residential, single- farrrily residential and multi-family zoning, uses, and densities. 23. Pursuant to the FWCC, prior to final plat approval and recording, all required and approved improvements will be constructed, or the improvements appropriately bonded, per City code requirements. XII. RECOMMENDATIONS Based on review of the application, environmental record, and pertinent decisional criteria, the Department of Community Development Services recommends that the Hearing Exarrriner recommend approval of the preliminary plat; and approve the Process N component of the application, subject to the following conditions: 1. Prior to the City's approval of engineering plans, the applicant shall submit a final landscape plan, prepared by a licensed landscape architect, addressing tree preservation within the plat, all landscaping within plat boundaries, wetland mitigation planting approved by the Federal Way Hearing Examiner, restoration of the areas disturbed by installation of the storm drainage, visual screening of the Tract C storm drainage facility, and street trees for review and approval by the Departments of Community Development Services and Public Works. Prior to subrrrittal to the City, the components of the landscape plan relating to the landscaping and restoration of Tracts A, C, and E shall be reviewed and signed by a qualified wetland biologist and shall reflect all applicable recommendations contained in the applicant's Final Wetland Creation and Enhancement Plan. Pursuant to FWCC Section 22-1243, the City will require the applicant to pay for the services of a wetland biologist to review plans, provide recommendations, and conduct inspections and/or monitoring on behalf of the City, as determined by the Community Development Director. 2. The Hearing Examiner conditions of the associated Process N wetland displacement and wetland buffer reduction request under City file number 08-100SS7-UP are hereby by reference. 3. The final plat drawing shall dedicate all usable and buffer open spaces in individual open space tracts to be owned in common and maintained by property owners of the proposed subdivision, and shall prohibit removal or disturbance of vegetation and landscaping within the tracts, except as necessary for maintenance or replacement of existing plantings and as approved by the City. Additional vegetation may be located in open space tracts to meet conditions as approved by the South 320'h Place Preliminary Plat Staff Report to the Hearing Examiner ~~I:r;~ B PAGE-2.LOF ~; '1 City. A note shall be included on the final plat map that the open space tracts shall not be further subdivided, may not be developed with any buildings or other structures except as may be approved by the City for recreational purposes only for the benefit of the homeowners, and may not be used for financial gain. 4. The final plat drawing shall dedicate all conservation and constrained open spaces in individual open space tracts to be owned in common and maintained by property owners of the proposed subdivision, and shall prohibit removal or disturbance of vegetation and landscaping within the tracts, unless otherwise approved by the City because the vegetation is dead, dying, dangerous, or other valid reason. Additional vegetation may be located in open space tracts to meet conditions as approved by the City. A note shall be included on the final plat map that the open space tracts shall not be further subdivided, may not be developed with any buildings or other structures, and may not be used for financial gain. 5. To assure a high quality design and streetscape, and consistent streetscape design, the 10-foot- wide Type III landscape buffer adjacent to South 320th Street must be appropriately irrigated, and backed by an attractive fence made of solid wood board, masonry or other material to be approved by the City along the length of the site adjacent to individual lots. The landscape and fence plan must be submitted for review and approval before issuance of construction permits for the plat infrastructure, and the landscaping, fence, and irrigation shall be installed prior to final plat approval. 6. Clearing limits for the construction of the plat improvements (roads, pond, and utilities) shall be generally consistent with the clearing limits depicted on the Significant Tree Plan by Pace Engineers, Sheet C-6, dated February 2008. The clearing limits on the plan sheet referenced above are the approximate clearing limits necessary for roads, utilities, stonnwater pond, and future building lots. Prior to final plat approval, the developer may clear all vegetation from all building lots, provided that prior to commencement of any clearing activity, the applicant shall submit the following items to the City for review and approval: (1) an erosion and sedimentation control plan consistent with KCSWDM Appendix D for the disturbed areas to demonstrate site stabilization; (2) a written commitment to make every effort to commence house construction activity within two months of receiving final plat approval, and a gross timber value fee of $126,000.00 paid to the city if house construction activity does not commence within two months of final plat approval; (3) to reflect the applicant's desire to retain significant trees on the subject site in critical areas and surrounding areas, an arborist's report prepared to recommend what can be done to maximize the survival of retained significant trees and denote specific tree protection methods, which shall also be depicted on the erosion control plan. 7. Rockeries and retaining walls associated with plat construction must reflect residential scale, design, and sensitivity of materials or treatment, including use of vegetation and/or terracing, where they are visible from adjacent residences, public rights-of-way and usable open space. Design of any rockery or retaining walls shall be submitted to the City and approved prior to issuance of any construction plans for the plat infrastructure. 8. To assure compliance with applicable code requirements to contain the required 10-foot-wide Type III landscaping in a separate tract along South 320th Street, the proposed 10-foot right-of- way vacation along South 320lh Street must be secured by the developer through City Council action, prior to issuance of construction plans for the plat infrastructure. South 320th Place Preliminary Plat Staff Report to the Hearing Examiner extHBJI,,: 8 PAGE ..?2 OF ;)3 XIII. LIST OF EXHIBITS I. Master Land Use Application 2. Vicinity Map 3. Preliminary plat map by Pace Engineers, dated February 2008, sheet C-I 4. Existing Conditions Plan map by Pace Engineers, dated February 2008, sheet C-2 5. Preliminary paving, grading and drainage plan by Pace Engineers, dated February 2008, sheet C-3 6. Preliminary Street Sections by Pace Engineers, dated February 2008, sheet C-4 7. Preliminary Utility Plan by Pace Engineers, dated February 2008, sheet C-S 8. Significant Tree Plan by Pace Engineers, dated February 2008, sheet C-6 9. Preliminary clearing and grading plan by Pace Engineers, dated February 2008, sheet C-11 10. Conceptual Landscape Plan by Weisman Design Group, dated 11/30/07, sheets L1.0 and Lt.1. 11. FWCC Section 22-665 Small Lot Demonstration Chart 12. January 22, 2008, City Approval of Small Lot Demonstration Project 13. Quadrant Homes February 1, 2008, Application Booklet 14. SEPA DNS dated April 9, 2008 15. SEPA Checklist Staff Evaluation 16. SEP A Checklist 17. Comment Letters Received Following Notice of Application 17a - Paul Woolson, BP A 17b - John Roden 17c - Felix Palisoc, WSDOT 17d -Gary Kriedt, KC Metro 17e - Jean Stillwell, Pierce Transit 17f - Brian Asbury, Lakehaven Utility District 17g - Alex Perlman, King County DDES 18. DNS Addendum dated May 22, 2008 19. May 12, 2008, George Cook, Quadrant Homes e-mail 20. Olympic Pipeline Letter, dated received May 20, 2008 21. Transportation Concurrency Decision dated April 17, 2008 22. City and King County Maps 22a - Zoning Map 22b - King County Comprehensive Plan Designation Map 22c - Federal Way Potential Annexation Area Comprehensive Plan Designation Map 23. School Access Analysis, dated 1/23/08 24. Federal Way Public Schools, Geri Walker e-mail, dated May 28, 2008 2S. Certificate of Sewer Availability 26. Certificate of W ater Availability 27. Page ofresponse letter from George Cook (portion highlighted) 28. April 16, 2008, CC Edward Timber Value Letter 29. Stormwater Technical Information Report (TIR) prepared Pace Engineering, dated revised April 1, 2008 TRANSMIITED TO THE PAR TIES LISTED HEREAFTER: Federal Way Hearing Examiner Applicant - George Cook, Quadrant Homes Project Engineer - Kennith Milsen, Pace Engineers Federal Way Staff - Jim Harris, Kevin Peterson, Rick Perez, William Appleton City's Critical Areas Consultant - Lizzie Zemke, ESA Adolfson South 320th Place Preliminary Plat Staff Report to the Hearing Examiner 8 PAGE ;ue~bF ~ 3 ~ .,.".,. ~j ..... ..... ! i~i am . ii ! I ij!j.! t II~:!J --lS,lI ~iI .. ! :;V~ 0.0 ~ .. .., :In ~i !I o ~ . " ig 00 ~ " " CD " -I: I : :Il!l;_'{_ ~I 1i ./ 'I \"" ~i I " wI j"'.'~'/ ;, t.' I h d I 7' i~~ · i' ~,~ 'jre!i:i I r / I ~ -, ,'- _II ! \1 ---- :,1 , r-- fi""r "f. I ., I HI. \-- ~'\i,n,T!' ,,: ' '~:~ - ~~~~- "";~- '/ , r.....~3A~, . . ~ .. ,,"\\~;i J i t-;::; .. <. 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I :l~ rQ\ ~lllb I i~ '" <V ;' ~i J ~~w ~ w--r iU\~ ~I ~~ ~I ~!I;~ '" 0.1 'II qe qe qe i~i ;1 ~ M ge,l "O~: 0 . ~ W 'Ii ~~ J;1:j~ ~ \ill I ! I!'<- II 2'- I. \..C:; RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE SOUTH 320th PLACE PRELIMINARY PLAT, FEDERAL WAY FILE NO. 08-100S5S-00 SUo WHEREAS, the owner, Quadrant Homes, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as South 320th Place Preliminary Plat, and consisting of 19.06 acres into one-hundred fifteen (lIS) single-family residential lots located along the City's northerly boundary east of Interstate-5, adjacent to the north side of South 320th Street and between Interstate-5 and Military Road; and WHEREAS, on Aprill9, 2008, an Environmental Determination ofNonsignificance (DNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), Chapter 43.2IC; RCW, and WHEREAS, the Federal Way Hearing Examiner on June 4, 2008, held a public hearing concerning the South 320th Place preliminary plat; and WHEREAS, following the conclusion of said hearing, on June 25, 2008, the Federal Way Hearing Examiner issued written Findings of Fact, Conclusions of Law and Recommendation containing findings and conclusions, and recommending approval of the South 320th Place preliminary plat subject to conditions set forth therein; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, on July 7, 2008, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on South 320th Place preliminary plat application, pursuant to Chapter 20 of Federal Way City Code, Chapter S8.17 RCW, and all other applicable City codes, and voted to forward a recommendation for approval of the proposed South 3201h Place preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and Res # , Page I EXHIBIT PAGE-L-OF C <1 WHEREAS, on July IS, 2008, the City Council considered the record and the Hearing Examiner recommendation on South 320th Place preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section I. AdoDtion of Findings of Fact and Conclusions of Law. I. The findings offact and conclusions oflaw of the Hearing Examiner's June 25, 2008 Findings of Fact, Conclusions of Law and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions ofthe Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way Hearing Examiner Findings of Fact and Conclusions of Law contained therein as adopted by the City Council immediately above, South 320th Place preliminary plat, Federal Way File No. 08-100SSS-00 SU, is hereby approved, subject to conditions as contained in the June 2S, 2008 Findings of Fact, Conclusions of Law and Recommendation of the Federal Way Hearing Examiner (Exhibit A). Res # , Page 2 EXHIBIT PAGE ~ OF c LJ Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and gene~al 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. Ifany 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. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS _ DAY OF ,2008. CITY OF FEDERAL WAY MAYOR, JACK DOVEY Res # , Page 3 EXHIBIT PAGE ~ C OF c.; A TIEST: CITY CLERK, LAURA HA THAW A Y ApPROVED As To FORM: CITY ATIORNEY, PATRICIAA. RICHARDSON FILED WITH THE CITY CLERK: PASSED By THE CITY COUNCIL: RESOLUTION No. Res # , Page 4 EXHIBIT C PAGE 'i OF r COUNCIL MEETING DATE: July IS, 2008 ~ ITEM #: ...._........_._..___...___._.__..__._____.._.........~....._......_...._..._.._.. ...... ..h_...............__._ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Brighton Park of Federal Way Final Plat, File No. 07-1002720-00-SU POLICY QUESTION: Shall the proposed 28-lot Brighton Park of Federal Way Final Plat be approved? COMMITTEE: Land Use & Transportation Committee CATEGORY: [8] Consent o City Council Business MEETING DATE: July 7, 2008 o Ordinance [8] Resolution o o Public Hearing Other STAFF REpORT By: Deb Barker, Senior Planner DEPT: Community Development Attachments: June 30, 2008, Final Plat Staff Report, including August 2, 200S, Preliminary Plat Resolution No. OS-4S2; Final Plat Map; and Draft Resolution for Final Plat. Options Considered: Approve, disapprove, or return to applicant. Decisional Criteria: Pursuant to FWCC 20-136(b), the City Council, in a public meeting, shall make written findings that the final plat is in substantial confonnance to the preliminary plat and is in confonnity with applicable zoning ordinances or other land use controls; that all conditions of the Hearing Examiner and/or City Council have been satisfied; that the public use and interest shall be served by the establishment of the subdivision and dedication, etc. STAFF RECOMMENDATION: Approval of Brighton Park of Federal Way Final Plat CITY MANAGER ApPROVAL: ~ CouncIl DIRECTOR ApPROVAL: ~ WI '-'\June! COMMITTEE RECOMMENDATION: I move that the Land U~e and Transportation Committee forward to the City Council, and place on the July J 5, 2008, City Council consent agenda, a recommendation approving the Brighton Park of Federal Way Final Plat Resolution. ,. fL, flu- Dini Duclos, Member PROPOSED COUNCIL MOTION: "I move 'Proval of the Brighton Park of Federal Way Final Plat application. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLED/DEFERREDINO ACfION o MOVED TO SECOND READING (ordinances only) REVISED - 02l06fl006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # File #07.\OO272.QO..SU Doc. l.D. 46035 ~ CITYOF~ Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM To: Linda Kochmar, Chairperson Land Use and Transportation Committee FROM: Greg Fewins, Director of Community Development Services ~ Deb Barker, Senior Planner ~ . VIA: Cary M Roe, P.E., Assistant City Manager ~ RE: Request for Brighton Park of Federal Way Final Plat Approval File #07-100272-00-SU DATE: July I, 2008 I. RECOMMENDATION City of Federal Way staff has reviewed the Brighton Park of Federal Way final plat for compliance with preliminary plat conditions and all applicable codes and policies, and recommends approval of the final plat application. II. INTRODUCTION Request: Description: Owner/ Applicant: Engineer: Request for final plat approval for Brighton Park of Federal Way Subdivision. Brighton Park of Federal Way cluster subdivision consists of 21 single-family lots on a IS.93-acre site, of which approximately 7.34 acres is developed with the balance in wetland and buffer. Access for the subdivision is from 9th Avenue SWat SW 36Sth Place. All required roads, sidewalks, storm drainage facilities, sewer lines, and water lines have been constructed in accordance with preliminary plat approval granted by the City Council on August 2, 200S, or are financially guaranteed in accordance with the Federal Way City Code (FWCC). Norris Homes Inc. John Norris 20S3 Faben Drive Mercer Island, W A 98040 CES NW, Inc. Eric Ohler S210 12th Street East Fife, W A 98424 Brighton Park of Federal Way Final Plat Staff Evaluation June 30, 2008 File 07-1OO272-OO-5U I Doc. 1.0.45978 Page I Location: West of 9th Avenue SWat SW 36Sth Place, as extended; NW Section 30, Township 21 N, Range 4 E, West Meridian, Federal Way, King County (see Exhibit A - Vicinity Map) Sewer: Lakehaven Utility District Water: Lakehaven Utility District Fire Dept: South King Fire and Rescue School Dist: Federal Way School District Prepared By: Deb Barker, Senior Planner fiI. HISTORY AND BACKGROUND Brighton Park of Federal Way Subdivision is a proposed cluster subdivision of28 single-family lots on a 15.93-acre site (Exhibit B - Final Plat Map). The Brighton Park Preliminary Plat, File No. 03- 103I78-00-SU (Exhibit E - Preliminary Plat Map), was granted approval by the Federal Way City Council on August 2, 200S, per resolution 05-4S2 (Exhibit F - Preliminary Plat Resolution). Zoning for the site is Single-Family Residential 9.6 (RS 9.6). For a cluster subdivision zoned 9.6, each lot must have a minimum lot size of 5,000 square feet The final plat map and lot closure calculations were reviewed to ensure all lots meet the minimum lot size requirement. The applicant applied for final plat approval on January 17, 2007. The final plat application was deemed complete by the City on June 30, 2008. Improvements installed under Engineering Application No. 06-100441-00-EN are now substantially complete or bonded. Pursuant to RCW S8.1 7 oIl 0 and FWCC Section 20-136, the City Council is charged with determining whether the following requirements have been met: I. The proposed final plat conforms to all terms of the preliminary plat approval; 2. The subdivision meets the requirements of all applicable state laws and local ordinances that 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. City of Federal Way staff has reviewed The Brighton Park of Federal Way final plat application for compliance with preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, and plat conditions have been met. A proposed resolution of the City of Federal Way, Washington, to approve The Brighton Park of Federal Way final plat is enclosed (Exhibit C- Draft Resolution of Final Plat Approval). IV. COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of preliminary plat approval in the same order referenced in Federal Way City Council Resolution OS-452. Required improvements have been completed as allowed by FWCC Section 20-135. The resolution adopted the findings of fact and conclusions of the Land Use Hearing Examiner's July I, 200S, Report and Recommendation. Brighton Park of Federal Way Final Plat Staff Evaluation June 30, 2008 File 07-100272-OO-SU I Doc. LD. 45978 Page 2 Based on review of this application, the environmental record, and pertinent decisional criteria, the Department of Community Development Services recommended approval of the preliminary plat subject to the following conditions: I. As required by the Directors of Community Development and Public Works, prior to commencing construction, final engineering plans shall be prepared in accordance with the J 998 King County Surface Water Design Manual (KCSWDM), for the City's review and approval, and shall address the following: a) For purposes of maintaining wetland hydrology and the quality of surface water entering the wetland buffer, Lots #12 through #22 shall be designed to direct surface flow into the wetland buffer. Roof runoff shall be directed to the wetland buffer via dispersion trenches and driveway runoff from Lots 21 & 22 shall be treated or infiltrated prior to discharge into the wetland buffer. . Staff Response: This condition has been met. Prior to engineering plan approval, the storm pond was approved for relocation between lots 20 and 21 as this was the true low point of the site. The August 2006 Storm Drainage & Erosion Control Report for Brighton Park prepared by CES, NW, Inc. found that runoff from lots 12 through 19 would most closely match existing conditions of discharge into the wetland and that runoff from lots 20, 21, and 22 was not necessary for direct wetland discharge, although it is routed to the storm drainage pond and eventually the wetland buffer. The TIR also found that direct discharge did not adequately treat the runoff from driveways, so the final grading directs runoff to the storm drainage pond for treatment before discharge into the wetland. Note #8 on sheet 5 of 6 of the final plat establishes the requirement for dispersal trench and roof drains to be installed on lots 12 through 19 with flows from the trenches directed into the wetland buffer, and further requires individual lot owners to maintain the dispersal trenches in conformance with the 1998 KCSWDM. b) Construction activities within the 100-foot stream setback are prohibited from October I st to April I st, except as may otherwise be approved by the Public Works Director. Staff Response: This condition has been met. Seasonal work restrictions were included on approved engineering plans, designed to comply with the requirements of the KCSWDM, and were subsequently enforced during construction related inspections by the Public Works staff. c) A drainage analysis addressing the requested second culvert beneath 9th Avenue SW for the City's review and determination by the Director of Community Development Services, pursuant to FWCC Section 22-1312(a). Staff Response: This condition has been met. The developed hydrology section of the August 2006 Storm Drainage & Erosion Control Report for Brighton Park prepared by CES, NW, Inc. found that the stormwater runoff produced by 9th A venue SW south of the site will be infiltrated within proposed ditches, creating no impact to the existing downstream system, thus the second culvert was not needed. Storm drainage engineering plans (EN file) were reviewed and approved by the Public Works Department. Construction of the storm drainage facilities has been inspected by the Public Works Department. Brighton Park of Federal Way Final Plat Staff Evaluation June 30, 2008 File 07-100272-OO-5U I Doc. 1.0. 45978 Page 3 2) As required by the Director of Community Development Services, pursuant to FWCC Section 22-1243, the City's wetland consultant will review the applicant's storm drainage plans at the applicant's expense, and the City may require that any related recommendations be addressed in final plans, prior to commencing construction. Staff Response: This condition has been met or is bonded as provided by the FWCC. In an August 21, 2006 memorandum, the City's wetland consultant recommended conditions to address runoff discharge into the wetlands, ongoing maintenance of the storm pond adjacent to the wetland, temporary erosion control measures, and permanent wetland fencing with signage. The approved engineering plans and associated maintenance provisions of the KCSWDM included the recommended measures for runoff control, and discharge from individual lots is directed into the wetlands as discussed in condition # I (a) above. The applicant has elected to bond for installation of the wetland fencing and signage. Final plat Note # 13 on sheet 5 of 6 states that the wetland buffer fencing shall be fully installed along the wetland buffer within six months of the final plat approval, or alternatively, fully installed before the final inspection of any house on lots 12 through 19, and note #10 clarifies that the Homeowners Association is responsible to maintain the wetland buffer fencing and critical area signage. 3) Any retaining walls associated with plat infrastructure or future home construction shall promote residential design themes, for compatibility with surrounding residential areas, by utilizing design measures such as terracing, orientation, natural material selection, use of vegetation, and textural treatment. Staff Response: The condition has been met. There are no rockeries associated with plat development and the retaining walls associated with the pond are screened from the right-of- way and adjacent properties with landscaping established in an easement to be maintained by the Homeowners Association. V. SEPA A Mitigated Determin~tion of Nonsignificance (MDNS) was issued on January 29, 200S, in accordance with the State Environmental Policy Act (SEPA). The following conditions of approval were identified: I. As required by the Public Works Director in order to mitigate potential adverse transportation impacts to the surrounding road network, the applicant must construct the identified Transportation Improvement Plan (TIP) improvements listed below. In lieu of constructing these TIP projects, prior to final plat approval, the applicant may voluntarily pay a pro-rata share contribution of $89,905.00 towards the following impacted TIP projects based on the calculation below. PRO-RATA SHARE CONTRIBUTION TO TRANSPORTATION IMPROVEMENT PROJECTS Pro-rata share contribution is required using the following formula: Pro-rata share percentage equals the project PM peak hour trips divided by future project PM peak hour volume times 100. Pro-rata share amount equals pro-rata share percentage times estimated TIP project cost divided by 100. Brighton Park of Federal Way Final Plat Staff Evaluation June 30, 2008 File 07-100272-OO-SU I Doc. 1.0. 45978 Page 4 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 and is rounded to the nearest 100 dollars. a) South 348h Street HOV Lanes Phase 2: Construct HOV lanes. Total estimated project cost is $4,3S0,000. Pro-rata share percentage = 0.26% Project contribution = 0.26 x 4,3S0,000 / 100 = $11,31O b) South 356h Street: Widening and enhancements. Total estimated project cost is $8,905,000. Pro-rata share percentage = 0.88% Project contribution = 0.88 x 8,905,000 / 100 = $78,S9S Staff Response: This condition has been met. The applicant will provide an $89,90S.00 payment toward TIP projects to mitigate off-site traffic impacts prior to final plat approval. 2. As required by the Public Works Director in order to mitigate potential adverse neighborhood- scale traffic impacts, the applicant shall provide traffic calming devices on 9th Avenue SW. Prior to the preliminary plat hearing, the applicant shall meet with the neighborhood to develop consensus on the type(s) and location(s) of appropriate devices, subject to acceptance by the Public Works Department; and the proposed devices must be generally shown in preliminary plat drawings and must be constructed in conjunction with plat improvements and the approved engineering plans. Staff Response: This condition has been met. Speed humps proposed by the neighbors to provide traffic calming were depicted on approved engineering plans and constructed with signage along 9th Avenue SW. VI. DECISIONAL CRITERIA Pursuant to FWCC Section 20-136, if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording. I. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met. In February, 2006, the City received a modification request to relocate the storm drainage tract from the south side of the plat to the west side of the developed plat, as previous engineering documents did not accurately reflect the true low point ofthe property. The City administratively approved the new pond location as it was a more natural point for discharging surface water runoff into the wetland buffer and allowed site grading to more closely follow the natural topography. The revised lot layout was depicted on engineering plans approved on August 30, 2006. The City also received a June 23, 2008, request to revise front yard setbacks on lot # I and #28, as the approved preliminary plat depicted 20-foot front yard setbacks along both the 9th Avenue SW and SW 356th Place frontages. The City found that the modification request to eliminate the dual front yard setback depicted on 9th Avenue South and maintain the one front yard setback on South 356th place was consistent with setback requirements of the FWCC and administratively approved the modification request on June 30, 2008. As modified, the final plat is representative of the preliminary plat and the conditions of preliminary plat have been met or financially guaranteed. Brighton Park of Federal Way Final Plat Staff Evaluation June 30, 2008 File 07-100272-OQ-SU I Doc. 1.0.45978 Page 5 2. The final plat is in conformity with applicable zoning ordinances or other land use controls. Staff Response: This criterion has been met. The lot cluster plat meets the zoning standards for the RS 9.6 zoning district, providing single-family dwelling unit lots of at least S,OOO square feet. The smallest lot size is S,OOO square feet in size and the largest lot size is 7,926 square feet, with the average lot size 6,221 square feet. As required under FWCC Section 22-1641, "Design Standards of Cluster Residential Lots," the applicant has implemented cluster design concepts that incorporate front entries as prominent features of the house; the attached garages do not compose more than 40 percent of the front fas;ade if garages are flush with the front fas;ade, or will be setback five feet from the rest of the fayade; and the CC&R's note that each unit is intended for owner occupancy. A model home is currently under construction. As provided for in FWCC Section 20-13S(b), performance and maintenance bonds are in place for the entire plat, including frontage improvements of final overlay and street trees and all infrastructure. 3. That all conditions of the 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 are financially guaranteed to be completed. 4. That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but not limited to, the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and 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 walk to and from school. Staff Response: This criterion has been met. The final plat is consistent with applicable zoning and subdivision regulations. All life-safety improvements have been completed. Provisions for the public health, safety, and welfare have been provided. The applicant has provided open space on site in a small park to be owned by the homeowners association and in a large wetland tract which will be dedicated to the City as permanent open space. Safe walking routes of travel to schools bus stop locations are maintained and enhanced with the plat development. S. 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, storm drainage, and open space improvements have been constructed and/or financially guaranteed. In addition, all water and sewer lines have been installed and approved by the Lakehaven Utility District as identified in Lakehaven's May 14, 2008, "Letter of Substantial Completion" (Exhibit G). 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. Brighton Park of Federal Way Final Plat Staff Evaluation June 30, 2008 File 07-100272-00-SU I Doc. tD. 45978 Page 6 VII. CONCLUSION Staff recommends approval of Brighton Park of Federal Way final plat. Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for the final plat meets all platting requirements of RCW S8.17 .ll 0 and Section 20-136 ofthe Federal Way City Code. Plat infrastructure improvements have been substantially completed and/or financially secured to guarantee that the plat conditions and code requirements will be completed within two years of final plat approval as allowed by FWCC Section 20-13S. The project has been developed in conformance with the preliminary plat approval, Resolution OS-4SS. EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Vicinity Map Reduced Copy of Final Plat Map for Brighton Park of Federal Way Draft Resolution of Final Plat Approval for Brighton Park of Federal Way Brighton Park Preliminary Plat Report and Recommendation by the Federal Way Hearing Examiner, July I, 200S Reduced Copy of Approved Brighton Park Preliminary Plat Resolution OS-4S2, City of Federal Way, Brighton Park Preliminary Plat Approval Lakehaven Utility District Letter of Substantial Completion for Bright Park of Federal Way Exhibit E Exhibit F Exhibit G Brighton Park of Federal Way Final Plat Staff Evaluation June 30, 2008 File 07-IOO272-OO-SU I Doc. l.O. 45978 Page 7 Brighton Park of Federal Way Vicinity Map I~ [:/.'W~_ -_. rn bJ ....., 1:1,800 I incl1 equols 150 foet G 75 150 *'0 450F... ===.__ 1 b:. ;;:,~:= ~ N PO Sox 8718 F......,Woy. WA_3 (253)835-7000 www.c::ityoffedenlW.1l)..com City of fedeAI Welt =.s:g::series: t' ~~r,:~~U Map.HILabhavul1l.~14::E ~', SW3Q..21..04- f ,;;'~"D SWq.......o'_Map743 ~ 5'\' '. . 1hII..........__.......................... ...CIIr............,........_..tt..IlII--. ....~...............SE~ EXHIBIT --^ PAGE 1 OF I BRIGHTON PARK OF FEDERAL WAY 'sf'O----- fOUND 1~ IRON PIPE:!: IS' UP - HELD fOR WEST QUARTER CORNER SECll0N 30 - VISITED DECEMBER 2006 1294.07' 1294.08' (SEA) 2607.46' (5W) (SEA) N "'53:~r~_26~ A PORTION OF GOVERNMENT LOT 4, (SE 1/4, SW 1/4) SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON rOUND" CONCRm rmD IRON PIPE-WITH PI< NAIL I( WASHER PIPE UP 0.4' INSIDE MONUMENT CASE :!: 0.3' OOWN- HELD FOR CENTER Of SECTtON- VISITED DECEMBER 2006 - 1~1'3'I~.3~~EA) - - - - -, NORRIS HOMES. INCORPORATED 2053 FABEN DRIVE I~. "ERCER 15~D~::::TON. 90040 J- (SW) ... KING COUNTY PLAT Of ~SILVERWOOD". RECORDING NO 20011220002642 I ~ (SEA) - KING COUNTY RECORD OF SURVEY, RECORDING NO. 8003279003 ~I 1 el ~~I ~ - ~- ! -I 2 .. ~ -, sw 3.5T~I~~EA~~~;S~NU< sw 3O'~D~~9~~ AN~~~~!!.~~3 " " h W I FEDERAl. WA'i. WASHINGTON. 98023 I ~ ~ ~~ - I ;? ~~' 131i'~~~J. li1~j~~' 2<:,fA} -+ rOUND t" CONCRETE FIllED (; ----------Z---...;.--------- IRON P1PE- WrTH WASHER z S 88'40'4!, E 1009.29' ,.- 303.98' STAMPED ~ 282J8" - 0.1' EAST I I ' OF' SECTION UNE - HELD F'OR WEST UNE or =N:~ O[OT 4 I I ~~E=~cJl - vtSlTtD ~ GOVERNMENT lOT 4 : I I~~ "B" ~! EAST UNE OF-I I :; PARCEL J GOIIERN"ENT LOT' FOUND ." x.- ""N""ENT ..I J =P~D1q; ~~~EC: B~S~ ~: I / ~: I 1!>613" I 1'0~~~~~F~N~~~.Jt:- ~ s ..3J~~,. E g_!~I: ~ 1097" ".03 . I Al't~ ~~lO' S J'mw E. w t t'~~Q 33.99' ",Ii! z""~ "p (!t4_ Vl~ ~ ,.- ';>. O<{~J. ~I~ <I::::;: 'J::s ~!$o ~ w : 'NO~: ';." . ~-1<9. ; ~ :x ~, ~~ ml1l '" 'Vq,o~lS'~;, SOUTH UN[ or 1:0 I = '~~~-'~~~~l,~~l ~O;;[;;o.,~ - - s ."'7"?l"... '.'0" _ _ ~-92.17' S74.... (SFA)' rOUND 1/'" IRON ""'" WI1H WITH ~X" -1.3' DOWN FOUND $' BRASS DISK ~ 92.17' (SEA) REBAR INSIDE- UP 1.5' ABOVE GROUND HELD AS SW CORNER 00'1. LOT 3 - MAY 2005 PUNCH t.tARK IN 5~ X fj '" HELD AS SOUTH 1/4 COR. - DECEMBER 2006 ~~P~ !:~~-Jr1~~87~ -3-29-71- PIERCE couNTY" HELD AS SE CORNER, G(1tI. LOT 3 - DECEMBER 2006 I ~j 1;1 ~i --r- l GOV LOT 1 G -~ F'OUND -r BRASS DISC IN Ii CONCRETE " I ~~U~~':lE STAMPED WITH ~LS NUMBER" " I "" '- '- GOV. LOT 3 ~ 'e I~~ w.. h"! Ib~ I~- r '- "'~~~ "'... " '- '- ---- GOV. LOT 2 SCALE 1" = 200' 200' 0 100' 200' '00' ~-.,j , , I -- '5 30 1321.95' (SEA) S 68'26'448 E 1321.92' BASIS OF BEARINGS: - 3. 31 F'OUND STONE MONUMENT 'NlTH "'I' -1.3' DOWN I-ElD AS SOUntwEST SECTION CORNER - MAY 2005 LEGAL DESCRIPTION: PARCB. 'A' BEGINNING AT THE SO\JTHWEST CORNER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.; THENCE NORTH 89'17'4.:5'" EAST 1,298.83 f'EET ON THE SOUTH LINE OF' SAID SEcnON 30 TO A 1/16TH SECTION CORNER; THENCE NORTH 00'10"5(( WEST THE WEST UNE OF' THE SOUTHEAST 1/4 OF' THE SOUTHWEST 1/4. OF SAID SECTION JO TO THE KING COUNTY-PIERCE COUNTY UNE: T SOUTH 45'45'53" EAST ON SAID COUNTY LINE, 106.53 FEET TO THE POINT OF' BEGINNING; THENCE NORTH 89'43'5.:5'" EAST 78.7,F'EET: SOUTH 00'10'so" EAST JO FEET; THENCE SOUTH 139'43'5.:5'" WEST 48.7 FEET, MORE OR LESS, TO THE COUNTY UNE; THENCE NORTH 45' WEST ON SAID COUNTY LINE TO THE POINT Of BEGINNING. SI11JATE IN THE em OF FEDERAl WAY, COUNTY OF KING, STATE OF' WASHINGTON. PARCEL "8. THE WEST 988.2 FEET or THE NORTH 708.00 FEET OF THAT PORTION OF GOVERNMENT LOT 4 OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., LYING NORTHrASTERLY OF' THE KING COUNTY-PiERCE COUNTY BOUNDARY LINE; EXCEPT THAT PORTION THEREOf', CONVEYED TO CEO. W. DAYTON AND MAUDE DAYTON. BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 4402601, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAlO SECTION 30; THENCE NORTH 89'11'4.:5'" EAST 1,298.83 FEET ON THE SOUTH LINE OF' SAID SECTION .JO TO A 1/16TH SOUTH CORNER: THENCE NORTH 00'10'50" WEST ON THE WEST LINE Of THE SOUTHEAST 1/4 OF' THE SOUTHWEST 1/4 or SAID SECTION 30 TO THE KING COUNTY-PIERCE COUNTY LINE; THENCE SOUTH 4S'46'3S~ EAST ON SAID COUNTY LINE, 106.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89'43'5.:5'" EAST 78.7 FEET; THENCE SOUTH OO'tO'50~ EAST 30 F'EET; THENCE SOUTH 89"43'53" WEST 48.7 FEET, MORE OR LESS. TO THE COUNTY LINE; THENCE NORTH 45'46'55" WEST ON SAID COUNTY LINE TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO JOHN R. LORENTZEN AND LINDA O. LORENTZEN, HUSBAND AND WIFE. BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 8204160247, BEING DESCRIBED AS F'OLlOWS; BEGINNING AT THE NORTHEAST CORNER OF LOT 4, KING COUNTY SHORT PLAT NO. 177005. RECORDED UNDER KING COUNTY RECORDING NO. 7706211012, AND R~SEO BY KING COUNTY RECORDING NU1048ER 8110190294; THENCE NORTH 89"13'5.:5'" WEST AlONG THE NORTH UNE OF LOT 4 OF' KING .COUNTY SHORT PLAT NO. 177005, 612.16 FEET TO THE NORTHWEST CORNER OF' lOT 4 OF KING COUNTY SHORT PLAT NO. 171005; THENCE NORTH OU45'OT EAST, ALONG A LINE WHICH IS THE NORTHERLY PROLONGATION OF' THE WEST UNE OF' LOT 4 OF' KING COUNTY SHORT PLAT NO. 177005, l~.OO FEET; THENCE SOUTH 89'13'53" EAST ALONG A LINE PARAlLEL TO THE NORTH UNE OF' LOT 4, KING COUNTY SHORT PLAT NO. lnOO~"612.16 FEET TO A POINT THAT IS 15.00 FEET NORTHERLY or THE NORTHEAST CORNER OF LOT 4, KING COUNTY SHORT PLAT NO. 177005: THENCE SOUTH 01"3'50" WEST 15.00 FEET TO THE POINT or BEGINNING OF THIS DESCR!PTION, SAID DESCRIPTION BEING A IS-FOOT STRIP lltAT IS CONTIGUOUS TO THE NORTH LINE Of lOT 4, KING COUNTY SHORT PLAT NO. 177005 AND DOES NOT EXTEND EAST OR WEST OF' THE NORTHERLY PROlONGATION Of' THE EAST OR WEST LINES OF' SAID LOT 4, KING COUNTY SHORT PLAT NO. 177005; AND EXCEPT THAT PORTION, IF' Am, LYING WITHIN THAT TRACT OF lAND CONVEYED TO SAlLIE HARRISON, BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 1141281, BEING DESCRIBED AS F'OLLOWS: BEGINNING AT A POINT ON THE PIERCE-KING COUNTY BOUNDARY LINE WHICH IS 174 rEET EAST OF' THE CENTER OF THE TURN IN THE COUNTY ROAD, WHICH as AlSO THE WEST UNE OF' GOVERN~ENT LOT 3 or SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.; THENCE EAST 209 FEET F'RQU SAID POINT ALONG A UNE PARALLEL WITH THE NORTH LINE OF' SAW GOVERNMENT LOT 4; THENCE SOUTH 209 FEET, AlONe A UNE PARALLEL TO THE EAST LINE OF' SAID GOVERNt.lENT lOT 4, MORE OR LESS, TO THE PIERCE-KING COUNTY BOUNDARY UNE; THENCE NORTHWESTERLY AlONG SAID BOUNDARY LINE TO THE POINT OF' BEGINNING; AND TOGETHER WITH THE EAST 329.4 FEET Of GOVERNMENT LOT 4 IN SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT ANY PORTION THEREOF LYING WITHIN THE WEST 988.2 FEET OF THE NORTH 708 rEET or SAID GOVERNMENT LOT; AND EXCEPT THOSE PORllONS THEREOr lYING WITHIN LOTS 1. 2. 3 ANO 4 OF KING COUNTY SHORT PLAT NO 576002, RECORDED UNDER AUDITOR'S FilE NO. 7702090686 SITUATE IN THE CITY or FEDERAl WAY, COUNTY OF KING, STATE OF WASHINGTON SUBJECT TO, AN EASEMENT F'OR ROAD PURPOSES RECORDED UNDER KING COUNTY RECORDING NO 1297002. SAID EASEMENT DOCUMENT IS ILLEGIBLE AND THEREFORE CANNOT BE ESTABLISHED ON THE GROUND OR RELINQUISHED PLA T RECORDS: mED FOR RECORD THIS __________OAY or _______________. 200__ AT _________ _.M_ IN BOOK ___________OF ___~______ AT THE REOUEST or DANA JOE HUTCHINSON. LAND SURVEYOR. PlS #36800 MANAGER SUPT. OF RECORDS P:\0511O.0\dwg\05110 fp.dwg 07/0e/200e DEVelOPER: SURVEYOR'S NOTES: 1) HORIZONTAL DATUM AND BASIS Of' BEARINGS: HELD S 88'26'~~ E BEtWEEN THE SW CORNER OF SECTION JO AND THE SOUTHWEST CORNER OF' GOVERNMENT LOT 3 AS SHOWN ON THAT RECORD OF' SURVEY RECORDED UNDER KING COUNTY RECORDING NUMBER 8003219003. 2) EOlnPMEHT USED: GEODIIotETER 608 AND TOPCON 825A 3) METHOD AND DATE or MONUMENT LOCATION: FlELD TRAVERSE IN APRIL 2005 THROUGH DECEMBER 2006. 4) LEGAl DESCRIPTION PER lANDAMERICA TRANSNATION TITLE COMPANY'S SECOND SUBDMSION GUARANTEE. ORDER NO. 20275053, DATEO DECEU8ER 11, 2008. C.E.S. NW INC. HAS NOT CONDUCTED AN INDEPENDENT TlTtE SEARCH NOR IS C.E.S. NW, INC. AWARE OF ANY mLE ISSUES AF'F'ECTING THE PROPERTY OTHER THAN THosr SHOWN ON THIS MAP. C.E-S. NW, INC. HAS RElIED SOLELY ON THE INF'ORMATION CONTAINED IN SAIO COMMITMENT IN REGARDS TO mLE. ISSUES TO PREPARE THIS PLAT AND OUAlIFIES THE MAP'S ACCURACY AND COMPLETENESS TO THAT EXTENT. 5) AlL lOT CORNERS AND ANGLE POINTS ARE MONUMENTED WfTH A 1/t' REBAR AND rtLlOW eN' STAMPED ~PLS 36800", WITH A 2" X t' WHITE lOT BOARD SET NEAR BY AS A REF'ERENCE MARKER. 6) THIS SURVEY COMPlIES WITH THE STANDARDS AND GUlOElINES Of' THE ~SURVEY RECORDING ACT" CHAPTER 58.09 RCW AND W/ll; 332-130 INDEX OF SHEETS: SHEET I LEGAl, SUfNEYOR'S NOTES AND PROPERTY BREAKDOWN SHEETS 2 AND 3 - MAP PAGES SHEET 4 SETBACKS AND AOOIT1ONAL EASEMENTS SHEET 5 GENERAl.. NOTES, DEDlCATlON, ACKNOWlEDGMENT, ADDRESSES AND APPROVAlS SHEET 6 PUBLIC SANITARY SEWER, WETlAND BUfFER F'ENCf: AND SIGNAGE DETAILS SURVEYOR'S CERTIFICATE: CESNW LiVe CIY/t. ENOINEERAVG .a SVRYEYAVG 5210 12TH ST E FIFE, lfA 98424 ~~~ ~~~~~ ~~~:::g: dhutchinson.Cl:t8bwtnc.com :so C1) I 'L,] t I> TRACT D <( I I:r: 51 I 52 53 f-. 0.14' TO EASTERLY CO RIGHT OF" WAY 110.02' 84.56' .30.00' 29.86' 8 i> .30' ! \ 12.97' 30' N 01',}6'48" E 7065 S.f. ~ BRIGHTON PARK OF FEDERAL WAY A PORTION OF GOVERNMENT LOT 4, (SE 1/4, SW 1/4) SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON (SEE SHEET 4 AND 6 FOR SETBACKS AND ADDITIONAL EASEMENTS) \ PLAT OF . SILVERWOOD' I REc. NO. 20011220002642 I I , I 49 1 50 I TRACT f \ 47 48 358.89' S 88"40'4r 1.39.81' (SEE NOTES 10. 'I & 1.3 ON SHEET 5 or 6) 12 7868 S.F. o. ~ @ 519 S.f. 43.97' 57.00' ~~~ ~~~ N 88'23'1';{' W 88 60' ';0 ~ ~I ~ WNZ 8 i w ~ E W '?i' 0 > il:/ ~ -< ~ 1\ X 0 " ~ z l'i '" l:l Ie 7 5846 Sf ~ ~ i!i ~ .'-. CA TEGORV II .~WETLAND . . ~ . . c..... . . . -- . . . . . .---=----...... . . . . . . . . . (SfE NOTE 6 ON SHEET ~ OF 6) TRACT 'E" 32,829 S.f. '" " r, 'ii! ~~ .:: ..:.....-:-.--'-. :....:.<.. :-~\ 1.O ,__.......... }:) ~~.,~ (I) (SEE NOTE 2 ON SHEET 5 OF 6) (~D~,~~ TRACT "A" ~p~, t DEDJC:~7~~ ~ CITY ..... ~ OF FEDERAL WAY BY STAnnORY WAARANTY Cf) DEED 1.H)ER KIfG COUNTY RECORD_ NO. 'O&P~' ~ t ~ @&,~;~. N 88"23'12" W 10800' N 81'Jg'JT E (R) 5 88"23'12" (121.00' 60.00' 61.00' g ~~ :) ;<ttl :!:!l Ez ~ ~8 ~~ ~ 2 6295 S.F'. 1 7505 s.r. lL/ lL/ C1) "- . '. '":--.~ CJ 45.10' 55.10' UN' 1I L2 L3 L4 L' La L7 La LS 1I0 Lll L12 L13 1I4 LIS L16 m lIa LIS L20 L21 L22 il il s ~F$:;'ds~.E w ~:f.J9' SoW. 365TH PLACE (SEE DEDICATION ON SHEET 5 or 6) 50.00' 40.81' C26 17.11 ;0 28 7113 S.f. 50.00' 65.99' 5 8B"2J'l2" E 115.99' 26 ~ 6034 $.f. ~ S 88'23'12" E 116.09' 25 ~ 7926 S.F ~ , ~ S 01'02'04" W , 10.97' I I I I (SEE NOTE 7 ON SHEET 5 OF' 6) TRACT "F" 49.>54 s.r. 612.47' 135.21' S 68'57'56" E 824.03' S 88'57'56" E N 01'29'49" E 14.03' 30' DEDICATED TO THE CITY Of FEOERAL WAY BY STATUlORY WARRANTY DEED UNDER KING COUNTY RECORDING NO. ______________ LOT 4 KCSP NO. 177005R REC. NO. 8110190294 CURVE TABLE 33.99' S 88"40'4r LEGEND CURVE Cl C2 C3 C4 C' C6 C7 C8 CS Cto Cll C12 C13 C14 C15 016 C17 C18 C19 C20 C21 C22 023 C24 e25 5210 12TH S1' E FIFE. '!fA 98424 CIYl~ ENGINEERINS.I SURYEYINS S .. SET CITY Of FEDERAL WAY STANDARO MONUUENT OR FOUND AS NOTED A '" DELTA ANGLE R - RADIUS L = lENGTH (R) '" RADIAl BEARING All lOT CORNERS AND ANGLE POINTS ARE MQNUMENTED WITH A 1/2" REBAR AND YEllOW CAP STAMPED 'PlS 36800", WITH A 2" X l' WHITE LOT BOARD SET NEAR BY AS A REFERENCE MARKER 30" .. ~~ ~ :3 8 g 30' <0 m "'<0 ~ ~ 8~ N ~ ~2 '<I"lf>o boJ::: -l z: . o ~z: ~8 0:: (SEE NOTE 6 ON SHEET 5 Of 6) TRACT "G" 282 S.f" 6 .. 16'54'15- R .. 375.00' l - 110_64' o n u <0 .... '<1":: 0", If>o mOl -....0 <0 f-. . m 00 -l z: . o o..z: C1) U. ",U lL/ 0:: o :!i ... '" I~- J! =/' ~~ ~ 8'" ~~UJ ~~~ zl ~~ I ~< Sx 0.... ~O) I <0 .... ;;t:: 0", If>o mOl "'....0 <0 f-. . m 00 -l z: . o c...z: C1) u. "'U lL/ ~ 30' <0 co "'<0 00 Om <00 ....'" ",mo boJ::: -l z: . o n..z: Ul U. "'U lL/ ~ 50' 0 ~ ' --- -- 100. CESNW /He SCALE 1" = 50' <5' , 50' , P\ 051100\dwg\0511 0_ fp.d"'q 07/0B/2ooB ~~~ ~~~~J ~~::~~~ dblJlcblnson.cesD"inc.colP 3:: [.. CJ) .... UJ "' 0 ::> N < z: ~ a: UJ .... > "' <>: I I: ,., I- "' I N io :" , <; I z _ -1 , '- '- ~'- "Vi;' '- 0.'- 9:" '- -<> ~}- <"/ -<11>c , <:9oQ~ ~/o> 1,-0 '9- 9" , , 30' .'-.. I. .\ /......\ /:::::: ::::::." ~ ~.'-.. I...................... ...... . . . . . I........... ........ .......... .....1 \.............................-.../ \..........................-;/' \' . . . . . - . - . . . . . . . . . . . . . . . . . . .'" \:::::::::::::::::.:.:.:.:.:'\ 'V . 7.................. -' -' /...................... .' r . . . . . . . . . CATEGORY '11 . \ : . : . : . : . : . : . : . : . : . : . : W~~~~? : .: . 3Q'OCOfCATEDTOTHECITYOf '(..... ."...... ~~~W~lEr u~~JW"~~G ". . . . . . . . . . ~~':'_~::."."~~~o J \..... -'.' . . . \. . .. ... --.:............... '-.. -- FOUND 4~ X 4" MONUMENT - \. . . ~V~P'ED 1'~ ~~~~E~ B:;S~~5 \' . . \'.' 30,00' 30' I I I I "---- --, , I I I I I I I I I I , I , I I I I I I I , , , , , I I I I I I I I I 50' 0 ~_... -- SCALE 1" 50' 25' 50' , P:\05110.0\dwg\05110 fp.dwg 07/08/2008 BRIGHTON PARK OF FEDERAL WAY A PORTION OF GOVERNMENT LOT 4, (SE 1/4, SW 1/4) SECTION 3D, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON (SEE SHEET 4 AND 6 FOR SETBACKS AND ADDITIONAL EASEMENTS) TRACT G PLAT OF . SILVERWOOD" REC. NO. 20011220002642 \ TRACT F 588"40'47' E 1009.29' .358.89' l~ o '" !> \'\ r.'. "\ 1.'.\ I. . .i j....( \'.\ \....\ (.:-:.\", I. . . . . . "- ,................ '\ \. . . . . . . . . . . . . . . . \ . . . .. .. '- 1- .................... ...J' '-:-:':-:-:-:-:'.>~ '..:.-'--=-'~:"",,:, .", " '-"\ ............ --'............, "'~.v~ (,}-:p~"!tfJ4( ~/';t'~............. 18 30' DEDICA.TED TO THE CITY OF FEDERAl WAY BY STATUTORY WARRANTY DEED UNDER KING COUNrf RECORDING NO. ___________ ~! t:i w I: CJ) lLl UJ CJ) 12 '" (SEE NOTE 2 ON SHEET 5 OF 6) TRACT 'A" 332,736 S.F. WETLAND BUFFER ~ 17 !:l ~ <; z (SEE NOTE 2 ON SHEET 5 OF 6) TRACT "A" 332,736 S.f. DEDICATED TO THE CITY OF FEDERAL WAY BY STATUTORY WARRANTY DEED LNH!A KIfG COUNTY AECOADINB NO. 19 20 TRACT "S" lO l>.. o N ti UJ :r: CJ) UJ UJ CJ) --- -,..... -- ........ /' . . . . . . . . . ........ -'- -' , ~~. ~~'~1v+. ~~~!::I, :..; ""..p' , ~~E~~IC:~~O ~o J~fuf~ OF I ~ ~~~~E~~~~~~. KING j. .". . .I .. ') (. . . . .. .. . \ 1J ~ O~ 00 ~ :.>-;.. . ~ ' , UNPLATTED -11l'-s,.1-~ARCEL NO. 3021049031 r>')oq,. ,~ ." ,r>' LEGEND ~~)o S a SET CITY OF' FEDERAL WAY STANDARD " J- MONUMENT OR FOUND AS NOTED <' ~ 6 '=' DELTA ANGLE " ..,~ R "" RADIUS '" ~~ L ,., LENGTH '\. ~~ ,01,- "- 399.03' 5 88"57'56" E 612.47' ~5 01'02'04" W 10.97' LOT 4 KCSP NO. 177005R REC. NO. 8110190294 (R) = RACIAL BEARING CURY( C, C2 LINE: 11 l2 U ALL LOT CORNERS AND ANGLE POINTS ARE MONUMENTEO WITH A 1/2" REBAR AND YELLOW CAP STAMPED .PLS .36800.. WITH A 2" X t' WHITE LOT BOARD SET NEAR BY AS A REfERENCE MARKER I~O' CIY4 ENGINEERING" SURYEYING 5210 12TH 51 E FJFE. WA 9842.... ~~~ t~~~ ~::~~ dhulchinson.ceSD"inc.com BRIGHTON PARK OF FEDERAL WAY A PORTION OF GOVERNMENT LOT 4, (SE 1/4, SW 1/4) SECTION 3D, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF FEDERAL WAY, KING COUNTY. WASHINGTON \ \ I I L BUIJJ,JK'~WBACK 5' PRIVATE WATER EASEUENT FOR niE BENEfIT Of" lOTS 13 AND 14 ~ ...\ .....\ . . '-- . . . .......... . . . . . .-................ TRACT F 12 . . ............." . . '~'--.:...:-.:..' . '\ ".....\ ........... --............. '~'g". '"'' (If.Z),"'"Ir.u., -4j1'~, ...... TRACT 'A" (SEE NOTE 2 ON SHEET 5 or 6) ........ . . ........ . . . . "- .........\ . . . .. . . . . .\ "\ '. \ . ... . \ . . ..../ i ........ .... '\ . . . ......\ ~\':':':':':':':':'\ ..../--c. \- . . . "'.'/:-,.-- ".~<.:.:~\ . . . .\ C. .) I ~ S 01'02'04" W I 10.97' I I I I SCALE 1" = SO' 0 ~_... -- 25' , SO' , P:\05110.0\dw9\05110_fp.dwg 07/08/2008 , ~''b. r...' .", r~()'~"'v. ",,"i,~~,... ':.I ~.p' , )-:--- / I . . \ , \ / S 88"57'56" 50' BUILDING FOOTPRINT TABLE MAXIIJM BUIl.llING w.xJNUW IMPElMOUS SlIlf ACt (~) LOT fUIBER FOOTPRM AREA (SF) AREA CI)I\{'Y[O TO DElEN~ p(N) lor 1-2.200 3,200 lO'2~2.200 3.200 lOTJ-UXlO 3,000 lOT 4-2,000 3,000 lOT 5-2,200 J,200 lOT 6-2,000 3,000 lOT 7-2.000 3000 l018~2,200 3:200 lOT 9-2,000 ~ooo lOT10~2,OOO 3,000 lOlI1-1,OOO 3,000 LQl12-2,400 600 LOT 13-2,400 1:00 lOT 14-2,400 COO l0115-1,400 GOO lOT 16-2,400 GOO tQT1]-2,400 600 lOT 18-2,.wo 600 lOT 19-7,400 ---fiOO lOT 20-2,000 3,000 lOT21-Z,ZOO 3.200 lOa' t~: ~~===~:~~ }~~ ILOTZ<4-Z,ZOO J.1oo LOTZ:l-2,200 3,200 LOT Z6--- .----2.200---~-~~--J,Zoo L0l27-Z,200 3,200 LOT2R~2,OOO 3,000 3: Ul luj I> TRACT D -<( l:c 52 53 I-- CO 30' 30' PLAT OF . SILVERWOOD" I REG. NO. 20011220002642/ I I 1 49 I 50 I I I 8 / L___.J r ., /71 L___-1 r- I / 6 / L BUlul.~~BACl< --.l ---, 5 I L___-.l r '"""/ I 4 / L___-.1 51 I II 9 I I I TRACT "E" (SEE NOTE 6 ON SHEET 5 OF 6) , ~~I 0~ w8 I ffiil ~~ :ril ~l \ \ (SEE OEDICATION ON SHEET 5 Of' 6) ill S.W. 365TH PLACE PRIVATE STORU DRAINAGE EASEMENT 25 eUI~Jw:K (SEE NOTE , ON SHEET 50f 6) TRACT 'F" 30' 612.47' N 01'29'49" E 14.03' LOT 4 KCSP NO. 177005R REC. NO. 8110190294 33.99' S 88'40'47' E BUILDING SETBACKS: CURVE C1 C2 e3 e4 C5 e6 e7 FRONT YARD SETBACK. 20' SIDE YARD SETBACK . 5' REAR YARD SETBACK. 6' BUILDING FOOTPRINT T ABLE NOTE: '" CO "'''' 00 00> "'0 "-'" ",mo "- 50"- --l:Z: . o 1l.:Z: (}) U . ><:i;J '" (; :!i .... '" -~ "'- 0<,> mo COo> -"-0 '" I-- . CO 00 --l:Z: . o 1l.:Z: rJ) U. ><:i;J '" i[ I, ~~ ~ili Zz WO II ~! ....~ (J)~ I '" "- "'- 0<,> mo COo> "'''-0 '" I-- . CO 00 --l:Z: . o 1l.:Z: rJ) U . ><:u w '" 30' '" CO "'''' 00 00> "'0 "-", "'mo I-- .:::; 00 --l:Z: . o Il.:z: Ul u. ><:u w '" CBS: NW BYe FOR THOSE: LOTS THAT....RE AllOM:D 600 Sf' or TOTAl IMPrn'lOOS AREA DRAINING TO lHE STMM POOO, Ttf{ OISPERSIOO mENCHES WST BE lNS1AUID PERTH(AI'F'RQV[OE~E(RINGPLANS,TODRAIN ROO' RUHOff INTO THE 'liEROO. C1YI.l. ENG/NFFR/NO" SURYFY/NO ~~; 1~J ~=:;g: dhulcblnlJOn~esnwlnc.com BRIGHTON PARK OF FEDERAL WAY A PORTION OF GOVERNMENT LOT 4, (SE 1/4, SW 1/4) SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M" CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON APPROVALS DEDIC A TION I<!<<>W ALL. PEOPlE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED, HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MAOE HEREBY, AND 00 HEREBY DEDICATE TO THE USE OF THE PUBUC fOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBUC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES, AND AlSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND fillS UPON THE LOTS AND TRACTS SHOWN THEREON IN THE ORIGINAl REASONABLE GRADING OF SAID STREETS AND AVENUES. AND fURTHER DEDICATE TO THE USE OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO PARKS. OPEN SPACE. UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICAlLY lDENTInED ON THIS PlAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC, IN WHICH CASE WE 00 HEREBY DEDICATE AND CONVEY SUCH STREETS, EASEMENTS, OR TRACTS TO THE PERSON OR ENTITY IDENTIf'IED AND FOR THE PURPOSE STATED. FURTHER:, THE UNDERSIGNED OWNERS Of THE LAND HEREBY SUSDMDED, WAIVE AND RELEASE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND AI(( PERSON OR ENTITY OERMNG TITLE FROM THE UNDERSIGNED, AnY AND All ClAIUS FOR DAMAGES AGAINST THE CITY Of FEDERAL WAY, ITS SUCCESSORS AND ASSIGNS WHICH l.tAY SE OCCASIONED BY THE DESIGN, ESTABLISHMENT, CONSTRUCTION, OPERATION, FAILURE TO OPERATE, OR ~INTENANCE Of ROADS AND/OR DRAINAGE SYSTEMS, ALTERATIONS or THE GROUND SURFACE, VEGETATION, DRAINAGE OR SURFACE OR SUBSURFACE WATER flOWS WtTHIN THE SUBOMSIONS OR WITHIN MY DRAINAGE OR DETENTION FACILITIES DESIGNED TO RECEIVE OR ACTUAlLY RECEI\IING DRAINAGE FROM THE SUBDMSIONS AND THE CITY OF FEDERAL WAY'S REVIEW AND APPROVAL Of PlANS AND PERMITS FOR SAME OTHER THAN ClAIMS RESULTING FROU INADEQUATE MAINTENANCE 8Y THE CITY Of FEDERAL WAY FURTHER, THE UNDERSIGNED OWNERS Of THE lAND HEREBY SUSDNID€O, AGREE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS TO INDEMNIFY, HOlD HARMLESS, AND DEFEND THE CITY Of FEDERAL WAY, ITS SUCCESSORS AND ASSIGNS, FROM AND AGAINST Nf'f DAMAGE, INClUDING ANY COSTS OF DEFENSE, ClAIMED BY PERSONS WITHIN OR WITHOUT THE SUBOMSIONS TO HAVE BEEN CAUSED BY THE DESIGN, ESTA8USHMENT. CONSTRUCTION. OPERATION. FAILURE TO OPERATE, OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS. ALTERATIONS or THE GROUND SURFACE, VEGETATION, DRAINAGE. OR SURFACE OR SUBSURfACE WATER FLOWS WITHIN THE SUBDflASlONS OR WITHIN AN'( DRAINAGE OR DETENTION FAClUTIES DESIGNED TO RECEIVE OR ACTUAlLY RECEMNG DFWNAGE FROM THE SUBDMSIQNS AND THE CITY Of fEDERAL WAY'S REVIEW AND APPROVAL or PlANS AND PERMITS fOR SAME. PRO\1DED, THIS WAIVER AND INOEMNIFlCATlON SHAlL NOT BE CONSTRUED AS RElEASING THE CITY OF FEDERAl WAY, ITS SUCCESSORS OR ASSIGNS, FROt.I UA81UTY FOR DAMAGES. INCLUDING THE COST or DEFENSE, RESUlTING FROM AND TO THE EXTENT Of THE SOLE NEGUGENCE Of' THE CITY Of FEDt:RAL. WAY, ITS SUCCESSORS, OR ASSIGNS. THIS SUBDMSION, DEDICATION, RElEASE, INDEMNIFlCATlON OF CLAIMS, AND AGR[EMENT TO HOLD HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. IN WITNESS WHEREOF" WE SET OUR HANDS AND SEAlS: JOHN 8. NORRIS PRESIDENT NORRIS HOMES. INCORPORATED ACKNOWLEDGMENT STATE OF WASHINGTON ) ).. ) COUNTY Of KING ON THIS ___ DAyOF' _____ 20__ BEFORE ME PERSONALlY APPEARED JOHN B. NORRIS, TO ME, KNO'I\N TO BE THE AUTHORIZED PRESIDENT OF NORRIS HOMES, INCORPORATED, THE CORPORATION THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOlUNTARY ACT AND DEED Of SAID CORPORATION FOR THE USES AND PURPOSES THEREIN MENTIONED AND ON OA TH STATED THAT HE IS AUTHORIZED TO EXECUTE SAID INSTRUMENT. IN WITNESS WHEREOf. I HAVE HEREUNTO SET MY HAND AND OFfICIAL SEAL THE DAY AND YEAR fiRST WRlnEN ABOVE. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESJDING AT: MY APPOINTMENT EXPIRES: DEED OF TRUST BENEFICIARY SIGN NW~' PRINT NAUF.". TITlE: BANK OF AMERICA ACKNOWLEDGMENT STATE OF WA5H1NGTON ) ).. ) COUNTY OF' KING ON THIS ___ DAY OF' ______ 20_, BEFORE ME PERSONAllY APPEARED _________________, TO ME KNO\\tIl TO BE THE AUTHORIZED OFFICER Of BANK Of AMERICA, THE CORPORATION THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACt(NOWLEDGED SAID INSTRUl.6ENT TO BE THE F'REE AND VOlUNTARY ACT AND DEED or SAID CORPORATION rOR n-lE USES AND PURPOSES THEREIN MENTIONED AND ON OATH STATED THAT HE/SHE IS AUTHORIZED TO EXECUTE SAID INSTRUMENT. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND OFfICIAL SEAl THE DAY AND YEAR FIRST WRITTEN ABOVE. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT: MY APPOINTUENT EXPIRES: GENERAL NOTES: 1. All LOTS SHAll ACCESS FROM INTERNAL PLAT ROADS. THERE SHAll BE NO DIRECT ACCESS TO 9TH AVENUE S.W. FROM LOTS 1, 25, 26 AND 28. 2. TRACT -A- IS DESIGNATED A PUBliC VttTlAND AND WERAND BUFFER TRACT AND IS DEDICATED TO THE CITY OF FEDERAL WAY BY STATUTORY WARRANTY DEED, RECORDING NO. ______________~ THE CITY OF' fEDERAl WAY SHAlL BE RESPONSIBlE FOR THE MAINTENANCE, REPAIR AND REPLACEMENT OF THE IMPROVEMENTS CONTAINED THEREIN. 3_ TRACT "9- IS DESIGNATED II pueuc STQRt.l DRAINAGE TRACT AND IS DEDICAT(O TO THE CITY or fEDERAl WAY BY STATUTORY WARRANTY DEED, RECORDING NO. _________. THE CITY OF FEOERAL WAY SHALL BE RESPONSIBLE fOR THE MAINTENANCE, REPAIR AND REPLACEMENT or THE IMPROVEMENTS CONTAINED THEREIN. .... TRACT -C- IS DESIGNATED A PRIVATE ACCESS AND PUBliC UTlUTlES TRACT. THE OWNERS Of LOTS 11, 12, 13 AND ,... SHALL HAVE A 1/4 UNDI\1DEO INTEREST IN SAlO TRACT AND SHAll BE RESPONSIBLE FOR THE 1MPR0\o9.tENTS CONTAINED THEREIN. AN EA$Et.lENT fOR ANY AND All UTILITIES IS HEREBY CONVEYED TO SAID LOT OWNERS. THEIR HEIRS. SUCCESSORS AND ASSIGNS. OVER, UNDER AND ACROSS SAID TRACT. AN EASEMENT FOR UTILITIES IS HEREBY CONVEYED 10 LAKEHAVEN UTlUTY DISTRICT 0\f:R THE ENTIRE TRACT. 5. TRACT "0- IS DESIGNATED A PRIVATE ACCESS ANO PUBLIC UTlUTIES TRACT. THE O"",,,ERS OF LOTS 23, 24 25 AND 26 SHAll HAVE A 1/4 UNDIVIDED INTEREST IN SAID TRACT AND SHALL BE RESPONSIBlE fOR THE IMPRO\oUlENTS CONTAINED THEREIN. AN EASEMENT FOR ANY AND ALL UTILITIES IS HEREBY CONVEYED TO SAID LOT O\\tlERS, THEIR HEIRS, SUCCESSORS AND ASSIGNS, OV{R, UNDER AND ACROSS SAID TRACT. AN EASEMENT fOR UTlUTlES IS HEREBY CONVEYED TO LAKEHAVEN UTlllTY DISTRICT OVER THE ENTIRE TRACT. 6. TRACTS ~E- AND -C- ARE DESlGNATEO PRIVATE OPEN SPACE TRACTS. ALL LOT O'hNERS SHAlL HAVE A 1/28TH UNDIV1DED INTEREST IN SAID TRACTS. THE HOUEO'NNERS ASSOCIA nON SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAiR AND REPlACEMENT OF THE IMPRO....f)JENTS CONTAINED THEREIN. REMOVAL OR DISTURBANCE Of ANY 'lEGE-TATlON 'MTHIN THE OPEN SPACE TRACTS IS PROHIBITED EXCEPT AS NECESSARY fOR MAINTENANCE OR REPLACEMENT OF REQUIRED PLANTlNGS AND AS APPROVED IN 'WRITING BY THE CITY Of" FEDERAL WAY NO BUILDING IMPROVEMENTS SHALL BE PLACEO WITHIN TRACTS E AND G AND SUCH TRACTS SHALL NOT BE FURTHER SUBDIVIDED OR USED fOR fiNANCIAL GAIN. 7. TRACT HF" IS DESIGNATED AS A fUTURE RIGHT OF WAY TRACT AND IS DEDICATED TO THE CITY OF FEDERAL WAY BY STATUTORY WARRANTY DEED. RECORDING NO. . THE CITY OF FEDERAL WAY SHALL BE RESPONSIBLE fOR THE MAINTENANCE. REPAIR AND REPLAcEMENT-or-THE IMPROVEMENTS CONTAINED THEREIN 8 TRACT HH'" IS DESIGNATED A PRIVATE LANDSCAPE TRACT. THE HOMEO'M'JERS ASSOCIATION SHALL BE RESPONSIBLE fOR THE MAINTENANCE, REPAIR, AND REPLACEMENT or THE LANDSCAPING CONTAINED 'MTHIN THE PRIVATE LANDSCAPE TRACT '"W 9. STRUCTURES. fiLL AND OBSTRUCTIONS, INCLUDING GRADING AND CONSTRUCTION OF FENCING. SHALL NOT BE ALLOWED WITHIN THE ORA/NAG[ EASEMENTS UNLESS APPROVED BY THE CITY OF FEDERAL WAY. 10. THE HOMEOWN.ERS ASSOCIATION (HOA) IS RESPONSIBLE TO MAINTAIN THE BUFfER FENCE AND CRITICAL AREAS SIGNAGE ADJACENT TO LOTS 12-19, 21, 23 AND 24 11. LOTS 12 THROUGH 19 ARE REOUIRED TO HAVE THE OUTFLOW OF THE DISPERSAl TRENCHES AND ROOF DRAINS INSTALLED SO THAT THEY ARE DIRECTED TO THE BUFfER Of WETLAND .'A". FURTHER. INDIVIDUAL LOT OWNERS SHAlL BE REQUIRED TO MAINTAIN DISPERSAL TRENCHES ACCORDING TO 1998 KING COUNTY SURFACE WATER DESIGN MANUAL. DISPERSAL TRENCHES AND ROOF DRAINS SHALL BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH CONSTRUCTiON DETAILS PER THE APPROVED BRIGHTON PARt< ENGINEERING PLANS SHEET C-10 PREPARED BY CES. NW INC. DATED AUGUST 2006 P:\05110.0\dwg\05110_fp.dwg 07/08/2008 DEPARTMENT OF PUBLIC WORKS EXAMINED AND APPROVED ON THIS ___DAY OF ___________________.20___ PUBlIC WORKS DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES EXAMINED AND APPROVED ON THIS __DAY OF _________________,20___. DIRECTOR OF COMMUNITY DEVELOPMENT SERVICES FEDERAL WAY CITY COUNCIL EXAMINED AND APPROVED ON THIS __DAY OF ____~_____,20___. MAYOR OF FEDERAl WAY ATTEST: CITY CLERK KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROYEO ON THIS __DAY Of ____________.20.-_ KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR KING COUNTY FINANCE DIVISION CERTIFICATE I HEREBY CERTlFY THAT All PROPERTY TAXES ARE PAID. THAT THERE ARE NO OEUNOUEN'T SPECIAL ASSESSMENTS CERTIFIED TO ltdS OFFICE FOR COLLEcnON ON Nt( OF' THE PROPERTY HERDN CONTAINED, DEC>>CATED AS STREETS, AllEYS OR.IWY OTHER PUBLIC USE. ARE PAlO IN FUll THIS _DAY Of _______,20__. MANAGER, FINANCE DMSION DEPUTY GENERAL NOTES CONTINUED: 12. THE HOMEO~ERS ASSOCIATION SHAll BE RESPONSIBLE FOR THE'MAlNTENANCE, REPAIR, AND REPlACEMENT Of THE IMPROVEMENTS CONTAINED WITHIN THE PRIVAT[ MONUMENT EASEMENT LOCATED IN TRACT -E". 13. A THREE-RAIL SPlIT RAIL FENCE SHALL BE INSTALLED AlONG THE WESTERN EDGE OF lOTS 12 THROUGH 19, 21, 23 AND 24 TO SEPARATE ' THE RESIDENTIAl.. LOT mou THE WETlAND BUffER EDGE, - AND A METAl wrn..AND SUffER SIGN SH.6U BE INSTALLED AT THE SPliT RAIL fENCE-UHE Of lOTS 12 THROUGH 19, 21, 23 AND 24 SPUT RAIl FENCE AND WETlAND BUFfER SIGN DETAILS DEPICTED. ON SHEET THE ENTIRE LENGTH OF THE RAIL FENCE SHAlL BE FULLY AFftCTEO. PROPERTIES AND INSPECTro BY THE CITY NO MORE THE DATE Of. THE RECORDING OF THE PlAT OR THE ENTIRE LENGTH Of BE FUllY INSTAlLEO ALONG All AFftCTED PROPERTIES FIRST RESIDENTIAl BUll.DINC PERMIT ON LOTS t 2 THROUGH 19, 21, 23 OR 24 RECEIllES FINAl BUILDING INSPECTtOH BY THE CITY. THE RAIL FENCE SHAU. CONNECT TO THE CHAIN LINK fENCING AROUND THE STORM DRAINAGE POND. ADDRESSES: LOT t lOT 2 LOT 3 904 sw 365TH PLACE 910 SW 365TH PLACE 918 SW 36STH PLACE OR 36444 - 10TH COURT SW 36432 - 10TH CQURT SW 36428 - 10TH COURT SW 36>$24 - 10TH COURT SW 36422 - 10TH COURT SW 36>$20 - 10TH COURT SW 3641B - 10TH COURT SW 36415 - 10TH COURT SW 36417 - 10TH COURT SW 36423 - 10TH COURT SW 36421 - 10TH COURT SW 36419 - 10TH COURT SW LOT 15 36>$25 - 10TH COURT SW LOT 16 36427 - 10TH COURT SW LOT 17 36433 - 10TH COURT SW LOT 18 36437 - 10TH 'COURT SW LOT 19 36443 - 10TH COURT SW LOT 20 36447 - tOTH COURT SW LOT 21 923 SW 365TH PLACE LOT 22 919 SW 365l1-t Pl.ACE LOT 23 917 SW 365TH PlACE LOT 24 915 SW 365TH PU.CE LOT 25 913 SW 365TH PlACE LOT 26 911 SW 365TH PlACE LOT 27 909 sw 365TH PlACE LOT 28 905 SW 365TH PlACE LOT 4 LOT 5 LOT . LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 lOT 13 LOT 14 LAKEHA VEN UTILITY DISTRICT AN EASEMENT IS HEREBY IRREVOCABLY RESERVED FOR ANO GRANTED TO LAKEHAVEN UTlUTY DISTRICT AND ITS AGENTS, SUCCESSORS AND ASSIGNS, FOR SO LONG AS rr SHALL OWN AND MAINTAIN THE UTILITIES REfERENCED HEREIN UNDER AND UPON THE AREA SHOWN ON THE PlAT AND DESCRIBED HEREIN AS ~WATERUNE EASEMENr (WLE) AND -SANITARY SEWER EASEMENr (SS() TO INSTAlL. MAINTAIN, REPLACE, REPAIR AND OPERATE WATER AND SEWER MAINS AND APPURTENANCES FOR THIS SUBDMSKlN AND OTHER PROPERTY TOGETHER WITH THE RIGHT TO ENTER UPON SAID EASEMENT AT All TIMES FOR PURPOSES INCIDENT THERETO. NO BUILDING, WAll, ROCKERY. FENCE, TREES OR STRUCTURE OF ANY KIND SHALL BE ERECTED OR PLANTED, NOR SHALL ANY FILL MATERIAl BE PlACED WITHiN THE BOUNDARIES Of SAID EASEMENT AREA. NO EXCAVATION SHAll BE IAADE WITHIN THREE (3) FEET OF SAID WATER OR SEWER S(RVICE FACIUTlES AND THE SURFACE lEVEL or THE GROUND WITHIN THE EASEMENT AREA SHAll BE MAINTAINED AT THE ElEVATION AS ClIRRENTl Y EXISl1NG. GRANTOR HEREBY AGREES THAT NO WATER AND/OR SEWER SYSTEM FACILITY OR APPURTENANCE OF ANY KIND SHALL BE CONSTRUCTED OR LOCATED BY GRANTOR, OR ANY THRQ PARTY ACTING UNDER AUTHORItY OF GRANTOR, WITHIN OR PROXIMATE TO SAID EASEMENT, UNlESS SUCH INSTAllATION IS APPROVED BY GRANTEE AND IS IN CONFORMANCE WITH THE THEN-CURRENT EDITION Of THE "CRITERIA FOR SEWAGE WORKS DESIGN'" PUBUSHED BY THE WASHINGTON STATE DEPARTMENT OF ECOlOGY. GRANTOR HEREBY f1JRTHER AGREES THAT NO OTHER UT!UTY FACIUTY OR APPURTENANCE OF />NY KINO, INCLU~ UTIlITY SERVICE CONNECTIONS, SHAll BE CONSTRUCTED OR LOCATED B'I' GRANTOR, OR ANY THRD PARTY ACTING UNDER AUTHORfTY OF GRANTOR, WITHIN THREE FEET (3'), MEASURED HORlZOHTAlL Y FOR PARALlEL AlIGNMENTS, OR WITHIN SIX INCHES (6"). MEASURED VERTlCAU Y FOR CROSSING OR PERPENDICUlAR ALIGNMENTS, Of ANY PORTION OF tHE GRANTEE'S FAClunES. GRANTOR ADDITIONAlLY GRANTS TO THE LAKEHAVEN UTILITY DISTRICT AND ITS AGENTS, SUCCESSORS MID ASSIGNS THE USE Of SUCH AQOOIONAl. AREA IULtEOtATELY ADJACENT TO SAID EASEMENT AREA AS SHALL BE REQUIRED FOR THE CONSTRUCTION, RECONSTRUCTION, MAINTENANCE AND OPERATION OF SAID WATER OR SEWER FACILITIES. THE USE or SUCH ADOITIONAI.. AREA SHALL BEHELD TO A REASONABLE MINIMUM AND BE RETURNED TO THE CONDITION EXrSTING IldMEOIAffiY BEfORE THE PROPERtY WAS ENTERED UPON BY lHE LN<EHAVEN unUTY DISTRiCT, ITS AGENTS. SUCCESSORS AND ASSIGNS. IN ADDITION TO THE OTHER RESTRICTtONS HEREIN. GRANTOR SHAll NOT CONVEY TO A THIRD PMTY t.Nf EASEMENT OR OTHER INTEREST OR RIGHT or USE OF PROPERTY SUBJECT TO THE EASEMENT THAT WOULD IMPAIR OR UMIT THE USE OF THE EASEMENT RIGHTS GRANTED HEREIN. S.W. 385TH PLACE AND 10TH COURT S.W. DEDICATION: s.w. 365lH PLACE AND 10TH COURT s.w. tS DEDICATED TO THE CITY or fEDERAL WAY BY STATUTORY WARRANTY DEED, RECORDING NO. _________ THE CITY OF FEDERAL WAY SHAll BE RESPONSIBLE F"OR THE MAINTENANCE, REPAIR AND REPlACEMENT OF THE It,4PROVEMENTS CONTAINED THEREIN. 9TH AVENUE S.W. DEDICATION: 9TH AVENUE S.W. IS DEDlEXHIBI~Y STA DEED. RECORDING NO. _...:. J Y OF FED RESPONSIBLE fOR THE MA A E N CONTAINED THEREIN. CES: NW ffiTC C/Y1i. ENG/NEER/NG" SURVEy/NG 6210 12TH ST E FIFE, WA 98424 ~~~ f~~gl ~~~:::~ dhutchlosonlh:eBowloc.com BRIGHTON PARK OF FEDERAL WAY A PORTION OF GOVERNMENT LOT 4, (SE 1/4. SW 1/4) SECTION 30. TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M~ CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON "---- ~ CURVE TABLE DET AIL "A" I~I y:~AI =IARC~I s:w:- 365THPLACE DETAIL "A"; PUBLIC SANITARY SEWER IN TRACT "0" AND LOTS 24 AND 25 S 81'23'12'" E I 14.00' , I I I I I I I I I , I I I I ~ I ~ I!:' 22 ,- Ifj t r .... fp t I;: I- ~ I () f I -< I a: I l- I I I I I I I ~ 23 :--- r.r 24 27 1 ....... .....- -- ...-. 28 ..... 26 20' 0 ~_.. -- DETAIL "B"; PUBLIC SANITARY SEWER IN TRACT "C" AND LOT 15 12 11 14 LINE TABLE DETAIL "A" UN[ om AlICE L.l 3.t1 l2 ,4- ~ ~M L4 ... l5 31.94 tel 9. 9'UT lDM 11M. (l'iP) rt ROUGH aDM FBICf POS1S (nP) - -=-- t J Irt ! a' o.c:. (l'iP) 1 IICIfSFI.LII) D1Cl111lllE'1E (nP) SPLIT RAL FENCE DETAR. SCALE ,. = 20' 10' 20" , , 40' I AlTACH SIGIllO POST lI1Il1lllJ 5/18 l;.\lV_ LAC BOllS _ llASIIIlS 1'IlE__ IlETAL SIGIl (nP) WETLAND SeNSITIVE ARLA. ee>UNDARY tl~~~.lll~Cl"'~D(:>J(f:I'Ol<'.l"'l>NI.t" 10 a'....lDMCJl PIISSIRE-1IIEAlED POST SET 3' IN10 It(lf SIGIIS SIWI. BE PLMlD AT ONE SIGIl POllOl FCJllOlS 12-111, 21. 23 NIl 24- _SIGIlSllISlWl.BEI2"Xlr wm.AND/STREAII SIGN ..TALLATION DETAL CURVE T BLE DETAIL "B" QJRW: fA RADIUS ARC I.EHC1H C1 C2 51...... -OO-8U OF6 &- 10TH COURT S.W. p"OOt10.Cl\....'OOt1CL....... (f1/07/2<<Ja RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE BRIGHTON PARK OF FEDERAL WAY FINAL PLAT, FEDERAL WAY, WASHINGTON, FILE NO. 07-100272-00-SU WHEREAS, on June 21, 2005, the Federal Way Hearing Examiner conducted a public hearing on the Brighton Park preliminary plat application resulting in the July I, 2005, Recommendation of the Federal Way Hearing Examiner; and WHEREAS, the Brighton Park preliminary plat, City of Federal Way File No. 03-103 I 78-00-SU, was approved subject to conditions on August 2, 2005, by Federal Way City Council Resolution No. 05-452, which adopted the Hearing Examiner's findings of fact and conclusions; and WHEREAS, the applicant submitted the final plat application for Brighton Park of Federal Way, I 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- 452; 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 June 30, 2008, Final Plat Staff Report, which is hereby incorporated by reference as though set forth in full; and WHEREAS, the City Council Land Useffransportation Committee considered the application and staff report for the Brighton Park of Federal Way final plat at its meeting on July 7, 2008, and recommended approval by the full City Council; and WHEREAS, the City Council reviewed and considered the Final Plat Staff Report and the application for Brighton Park final plat during the Council's meeting on July 15,2008. I The name Brighton Park was changed to Brighton Park of Federal Way in order to differentiate it frOMOjhe~atfnameAL' King County. EAnlal ~ Reso # , Page I File #1'.-SU tc.I.OF.:.3-. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section I. Findings and Conclusions. l. The Brighton Park of Federal Way final plat, City of Federal Way File No. 07-1 00272-00-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 June 30, 2008, Final Plat 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 August 2, 2005, Federal Way Resolution No. 05-452 have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant 30; 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 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 above, the Brighton Park final plat, City of Federal Way File No. 07-100272-00-SU, is approved. Reso # , Page 2 Fi~'07-IOO2EXHmrr~~ e PAGE~OF -3L. 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 and Elections. 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. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority, and prior to the effective date, of the resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS DAY OF ,2008. CITY OF FEDERAL WAY Mayor, Jack Dovey A TrEST: ApPROVED AS TO FORM: City Attorney, Patricia A. Richardson City Clerk, Laura Hathaway, CMC FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No: Reso # , Page 3 File #07-lexiileii 46034Q PAGE3-0F ~ - . e .~ Federal Way e Page - I CITY HALL 33325 8th Avenue South- PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com '15) ~ t IE UlIE lf1} JUl 1 2005 July 1, 2005 City Cieixs Ofjjce City 01 federal Way ~ I De-En Lang Lang and Associates Inc. 10658 Riviera Place NE Seattle, WA 98125 RE: PRELIMINARY PLAT OF BRIGHTON PARK, FWHE#05-09 FW# 03-103178-000-00-SU . Dear Applicant: _ Enclosed please find the Report and Oecision of the City of Federal Way Hearing Examiner relating to the above-entitled case. " SKC/ca cc: All parties of record City of Federal Way (J,' ~h7~ EXHIBIT t:> PAGEJ OF --1.L. e CITY OF FEDERAL WAY e r- 1 I r.::."\ 1,-: !G f~ Un \V LE I'~ !l U I _"Cl -I) \S u ---'! "' P:-;~! ~.II t.: .11 tit IU lli JUl 1 ZOO5 lL~; j -"",O"~' c-"".-J] ___::::.~ .! '(;.;sr.::..~~!_.__ Page - 2 OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) ) PRELIMINARY PLAT OF BRIGHTON PARK ) ) ) ) FWHE# 05-09 FW# 03-1 03178-000-00-SU I. SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval to allow subdivision of a vacant 15.93 acre site into twenty-eight (28) residential single family lots in a cluster subdivision, with public streets, sewer and water services. II. PROCEDURAllNFORMA TION Hearing Date: Decision Date: June 21, 2005 July 1, 2005 At the hearing the following presented testimony and evidence: 1. Lori Michaelson, Senior Planner, City of Federal Way 2. De-En Lang, Lang Associates, 10658 Riviera Place NE, Seattle, WA 98125 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1 . Staff Report with all attachments 2. Power Point Presentation (Hard Copy) 3. Letter from John and Luann Davis dated June 17, 2005 4. Letter from David L. Hartman dated June 21, 2005 III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, viewed the site and taken this matter under advisement. r..::r:rrBl'l! _~.!! ~t) PAGE...1.:-0F Jl.... e e Page - 3 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 rectangular, unimproved. 15.93 acre parcel of property abutting the west side of the' unopened 91t1 Avenue SW between SW 364th Place and SW 368th Street within the City of Federal Way. The applicant requests preliminary plat approval to allow subdivision of the site into 28 single family residential lots using the cluster subdivision method. 5. The site plan shows alllots clustered in the eastern half of the site. The western half consists of wetlands and buffers which the applicant will dedicate to the City as a separate Tract (A). Tract A supports a one Category III wetland and one Category II wetland, both of which are associated with a stream flowing through the site from north to south. Tract A measures 8.59 acres which is more than 50% of the site. 6. The preliminary plat map shows access provided to alt lots via an internal plat road extending west from 9th Avenue SWand then curving to the north where it terminates in a cul-de-sac. All lots will access onto the internal plat road with the exception of four lots in the northwest corner of the developed portion of the site which will access via a private road extending northwest from the cul-de-sac. An improved, 32,471 foot, open space tract is located in the northeast corner adjacent to 9111 Avenue SW. Improvements on said tract include a trail connecting the internal plat road with 9111 Avenue SW, grass play area, playground equipment. and benches. A 33,512 square foot stormwater detention tract is located at the southeast corner of the site adjacent to 9111 Avenue SW. 7. The King County Soil Survey Map identifies soils on the site as Alderwood gravelly sandy loam which have only a slight erosion hazard and are capable of supporting urban development. The site has rolling topography with slopes of less than 10% and no geologically hazardous areas. Surface elevations range from 382 to 406 feet. Vegetation in the upland areas proposed for development includes both evergreen and deciduous trees and an understory of shrubs. The wetland area consists of both deciduous and evergreen trees and an understory. The City has approved the applicant's site clearing plan which shows no clearing in critical areas. EXHIBIT ---IL- PAGE 3 OF-U- e e Page - 4 8. The site contains 90 significant trees, defined by the Federal Way City Code (FWCC) as 12 inches in diameter or 37 inches in circumference measured 4.5 feet abpve ground. The applicant will remove 11 such trees and preserve the remaining 79 which includes all such trees within the Tract A open space area. Conditions of approval require the storm dr~inage design and construction plans to ensure wetland and stream protection to include wetland hydrology, flow control, and water quality. According to the applicant's wildlife study report, the site does not support any endangered, threat~ned, or sensitive species, plant or animal. The most critical habitat, the wetland and stream, will remain in undisturbed open space. 9. The site is located within the Single F amity High Density designation of the City of Federal Way Comprehensive Plan and the Residential Single Family (RS9.6) zone classification of the FWCC. Parcels abutting the north and west property lines are also within the RS9.6 classification and parcels to the east and south within the RS15 classification. Abutting uses include the subdivision of Silverwood along the north property line. Silverwood was previously approved and recorded as a clustered subdivision with a minimum lot size of 5,000 square feet and average lot size of 5,500 square feet. 9th Avenue S. abuts the east property line and medium density residential parcels lie to the east of said road. 10. FWCC 20-153 does not allow the total number of lots in a cluster subdivision to exceed the number that the applicable zone classification would permit in a conventional subdivision. Based upon the lot sizes allowed in the RS-9.6 zone. the applicant could create 47 conventional lots on the parcel. Therefore, the proposed 28 lots is well within the density provisions of the code. 11. The applicant proposes lot sizes between 5,056 and 10,186 square feet with an average lot size of 6,368 square feet. Such sizes meet the criteria ,of FWCC 20- 154 which requires that lots created in a cluster subdivision equal one-half the size of the underlying zone classification, but in no case smaller than 5,000 square feet. As previously found, all of the applicant's lots exceed 5,000 square feet and half the size of the minimum 9,600 square foot lot size authorized in the RS-9.6 zone. FWCC 20.154(a)(3) requires clustered lots adjacent to an established single family neighborhood to equal the neighboring lot size or the underlying zoning minimum lot size minus 10%. whichever is smaller. The plat proposes a minimum size of 6, 199 square feet for lots abutting the Silverwood cluster plat along the north property line has an average lot size of 5,500 square feet. Lots do not abut any other property lines. EXH'BIT D PAGE~OF .J.L e e Page - 5 12. The cluster plat meets the criteria set forth in FWCC 20-154(7)(c) and FWCC 20- 1640 by providing a single family cluster plat compatible with surrounding areas and which provides extensive on-site open space. The City will review future building permits to ensure architectural design, especially garage facades and front entries. The applicant has submitted two prototype house elevations and site plans which meet the intent of the FWCC. FWCC 20-1640 intends each dwelling unit for owner occupancy and the plat complies with said section by focusing solely on development of single family residential structures as opposed to duplexes, town homes, or zero lot line development. The covenants will also help promote and enhance home ownership. 13. The preliminary plat map shows that the two open space tracts combined will measure 9.34 acres or 59% of the gross land area of the parcel. The Tract E open space located in the northeast corner measures 32,471 square feet and will contain various recreational improvements as set forth above. The Parks Director has elected to calculate the required usable open space on the net developable area as opposed to the gross land area. The proposed open space exceeds the minimum of 10% of usable open space by approximately 500 square feet. In making its determination the Director properly considered the easy access from both the public street and the subdivision and the significant active and passive recreational facilities within one mile of the site to include the SPA regional trail. Hylebos State Park, Armstrong Park, and the 363rd Street open space park. 14. Both the Public Works Director and Fire Department have reviewed and accepted the proposed street layout and improvement plans. Said plans include the construction of 9th Avenue SW to public standards from its current northern terminus at the north property line to SW 368th Street. Such will require. construction of a new road from the north property line to the south property line. Between the south property line and SW 368th Street 9th Avenue SW currently exists as a private road. In accordance with previous conditions of development along said road, at such time as the City desires to make said road public, lot owners must pay for upgrading the road. However, the applicant has agreed to upgrade said private road to public standards at its own expense. 15. The applicant will construct internal streets within the plat to a section "U" full street standard within a 56 foot wide right-of-way. Improvements include 32 feet of paved roadway, vertical curb and gutter. four foot planter strip with street trees. five foot sidewalk, and three foot utility strip with street lights. The private EXHIBIT .D PAGE ~ OF-U- e e Page - 6 access to four lots in the northwest corner will consist of a 38 foot wide, private tract. Improvements will include 24 feet of paved roadway, vertical curb and gutter, five foot sidewalk, and two foot utility strip. 16. The northerly portion of 9th Avenue SW which extends along the plat's eastern property line from north to south will be improved to three quarter street improvements within a 60 foot wide right-of-way. The applicant will dedicate all necessary property to increase the right-of-way width to 60 feet. Improvements therein will.include 36 feet of paved roadway, vertical curb and gutter, four foot wide planting strip with street trees, five foot wide sidewalk, and three foot utility strip with street lights on the west side. On the east side a four foot gravel shoulder will abut the pavement. 17. The southerly or off-site portion of 9th Avenue SW which extends from the south boundary of the plat to SW 368111 Street will consist of a 24 foot wide paved roadway with four foot wide gravel shoulders on each side, water quality improvements, and related culvert improvements. 18. A mitigating measure in the MONS required the applicant to host a neighborhood traffic safety meeting with area residents. Such meeting occurred on March 16, 2005, and based upon residents' request and the City's concurrence, the applicant will install three speed humps and associated warning signs on 9th Avenue SW. A northern hump will be installed north of the internal plat road intersection and a south hump south of the internal plat road intersection. A third hump will be installed near the mid-point of the private road section. While residents expressed significant concerns regarding increased traffic not only on 91h Avenue SW, but on surrounding roads to include SW 3681h, the applicant's traffic engineer and the City's traffic engineer determined that the additional traffic will require no further analysis. The applicant's traffic engineer did conduct an assessment and set forth the conclusions in a letter to the City dated April 11, 2005. The conclusions confirmed that increased trips on 3681h St. would be limited to vehicles going to and from lIIahee Middle School. As additionai traffic mitigation the applicant will dedicate 30 foot wide strips of property along the west, southwest, and south property lines for future road improvements. 19. Required street improvements to the private portion of 9111 Avenue SW will require additional paving and related improvements to include gravel shoulders, water quality measures, and modification of an existing 12 inch diameter, concrete culvert conveying the stream under the road. The right-of-way improvements will necessitate intrusions into the stream buffer which the Director of Community EXHIBIT~ PAGEj. OF--U- e e Page ~ 7 Development has approved. The Director has properly reviewed and approved the request as no alternative location exists since the street has long been constructed at its present location, and the intrusions must occur in order to accommodate necessary improvements. A portion of the improvements will ensure surface water quality and will treat street runoff prior to discharge to roadside ditches. To accommodate street improvements the applicant will remove approximately 25 feet of the west end of the existing culvert and add approximately 30 feet to the east end. 20. The applicant has also requested permission to add a new 12 inch concrete culvert alongside and parallel to the modified culvert to address a concern about water ponding due to' clogging of the culvert by vegetation. The City has not as yet approved the second culvert and will make a final appealable decision at the time of final engineering plans. 21. The applicant will comply with the City School Impact Fee Ordinance and make a per lot payment to offset the impacts on the Federal Way School District of school aged children residing in the plat The district estimates 18 to 19 school aged children will reside in the pJat. Children will attend school at Enterprise Elementary, lIlahee Middle School, and Todd Beamer High School. Buses will transport elementary and high school students, but middle school students will walk to school. The school access analysis indicates safe walking conditions to the school by two different routes. 22. The Lakehaven Utility District will provide both domestic water and fire flow to the site and will also serve each lot with sanitary sewers. 23. The stormwater drainage system must meet the requirements of the 1998 King County Surfacewater Design Manual and the City's amendments thereto. The project must provide level 1 flow control and basic water standards. The conceptual drainage plan accepted by the Public Works Department proposes to preserve the existing north/south drainage pattern across the site. Approximately two-thirds of the site presently drains directly to the on-site wetlands by sheet flow, and the eastern portion of the site drains to the south and combines with the outflow from the wetlands. The conceptual plan proposes to direct surface water runoff from lots 12 through 22 and from the joint driveway serving lots 21 and 22 directly to the wetland to help maintain hydrology. Runoff from the remaining area will be collected and directed through a buried piping system to a wet pond/detention facility in Tract B. The pond will discharge at the present natural location into the wetland buffer near the south property line. Storm EXHIBIT P PAGE~OF --U- e e Page- 8 drainage runoff from 9th Avenue SW will receive water quality treatment prior to discharge. The landscape plan shows screening for the detention pond from 9th Avenue SWand protection by dark, vinyl coated, chain link. 24. Prior to 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: A. As previously found, the project is consistent with the Federal Way Comprehensive Plan which designates the site and surrounding area as Single Family High Density. B. The project is consistent with applicable provisions of the FWCC to .include those adopted by reference from the comprehensive plan. Development of the preliminary plat must comply with the provisions of FWCC Chapter 18, Environmental Policy; Chapter 20, Subdivision; Chapter 22, Zoning; and all other applicable codes and regulations. Conditions of approval as recommended hereinafter will ensure compliance with all provisions of the FWCC. C. The project complies with the public health, safety, and welfare. The proposed preliminary plat authorizes development of the site in accordance with the comprehensive plan and zoning code, and all public facilities and services are available to serve the site. O. The preliminary plat is consistent with the design criteria set forth in Section 20-2 FWCC as previously found. E. The proposed preliminary plat is consistent with the development standards listed in Sections 20-151 through 157, and 20-158 through 187 as previously found. 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 is consistent with the Single Family High Density EXHIBIT~ PAGE~OF -U-- e e Page - 9 . designation of the Federal Way Comprehensive Plan and meets all bulk regulations of the RS9.6 zone classification of the Federal Way City Code. 3. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, sanitary waste, water supplies, fire protection, transit stops, schools and school grounds, parks and recreation, and safe walking conditions. 4. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision while at the same time preserving and protecting a significant wetland and stream. Therefore, the preliminary plat of Brighton Park should be approved subject to the following conditions: RECOMMENDATION: It is hereby recommended to the Federal Way City Council that the proposed preliminary plat of Brighton Park be approved subject to the conditions contained in the conclusions above. DATED THIS 1~ DAY OF July. 2005. ~ ~~ Hearing Examiner TRANSMITTED THIS 1st DAY OF July, 2005, to the following: AGENT: De-En Lang Lang Associates 10658 Riviera Place NE Seattle, WA 98125 ENGINEER: Larry Heires, P.E. Sitts and Hill Engineers, Inc. 2901 South 40th Street Tacoma, WA 98409 EXHIBIT~ PAGE-!LOF -1L e e Page - 10 OWNER: Richard M. Hanson 16550 Shore Drive NE lake Forest Park, WA 98155 OTHERS: Thomas Guinasso 2053 Faben Drive. Mercer Island, WA 98040 City of Federal Way clo Chris Green P.O. Box 9718 Federal Way, WA 98063-9718 EXHIBIT D PAGEJO OF-1L e e CASE NO.: PRELIMINARY PLAT OF BRIGHTON PARK, FWHE#05..os FW# 03-103178-000-00-SU ADDENDUM TO DECISION The following is a list.ofconditions. which were inadvertently left out from the decision datedJUW 1 f 2005. It is recommended to the Federal Way City Council that the preliminary plat of Brighton Park be granted subject to the following conditions: 1) As required by the Directors of Community Development and Public Worl<s, prior to commencing construction, final engineering plans shall be prepared in accordance with the 1998 KCSWDM, for the City's review and approval, and shall address the following: a) For purposes of maintaining wetland hydrology and the quality of surface water entering the wetland buffer, lots #12 through #22 shall be designed to direct surface flow into the wetland buffer; with roof runoff directed to the wetland buffer via dispersion trenches, and driveway runoff from lots 21 & 22 shall be treated or infiltrated prior to discharge into the wetland buffer. b) Construction activities within the 100 foot stream setback are prohibited from October 1 st to Apri'1st. ex~pt as may otherwise be approved by the Public Works Director. c}- A drainage analysis addressing the requested second culvert beneath 9th Avenue SW, for the City's review and determination by the Director of Community Development Services, pursuant to FWCC 922-1312(a). 2) As required by the Director of Community Development Services, pu~uant to FWCC ~ 22-1243, the City's wetland consultant will review the applicant's stonn drainage plans, at the applicant's expense, and the City may require that any related recommendations be addressed in final plans, prior to commencing construction. 3) Any retaining walls associated with plat infrastructure or future home construction shall promote residential design themes. for compatibility with surrounding residential areas, by utilizing design measures such as terracing, orientation. nat ate se ion, use of vegetation, and textural treatme EXHIBIT ---I:L- PAGE-'L..OF -1L ~ {y-; l1/ChtdfllYl Ordered by zoonOO.d HSO' 6tt9~LZ(SZ LE:tl SOOz.8t'~nr ~ ......at (lOG ... . ....... _ "'Ql "all .. 'tQINS TN ]:JIiW ... ICIOI _J.......~__CIIIf'1 ":lNI 'lW.VIOO1I8Y UNV1 ~ I(!)l :;;:, ::::.::::.::;:; e '~NI 'S~33NleN3 "IH 1l SJ.J.IS -I ~:~ -...== ,~ SUIlaIlIllO.uo-.-... .....-- - -...=z- - ....-- - ...--- - ...-- - ItIt-UC (:Ior:) .., . ___ Uol) ~ ~al6 WI. 'QMli 7,. uaw ..., IMOI ~'~"""o/3 NOSNVH \IlMOIl ~Y1d AIlVNI'I"&ld 10 ... i i CIl --I ~ I ~ VlS-oo-IlISOl-OOI lIlIVdNO_ :D m c... ~,. . rlJ I c:: z m =IU J il'. c . i~i Ii H~I i Q:) ;""'1 . ~ ~tn. Ill' I I f.t I.IIS'I I i ~ 11!ld ! tI,ld ~ ~ p ) ----- i "- of " ) of , ) ...:.. .....8 9~E - I; ~i:1 i'll I '9 .' I 1 I I i ~Ixr.l do II ~ I I"il ~ . o! .1 , I' .~ .1 ~ ;; IJ;g it i . .. ~I 9~ . .. o .. Ii.. ~:i I.. 0 . 0 cl::! :II "'\I!~ lllli/ II \ I ~ o~ -~ .!<: 0.0 (') >-<: iQ c:~ '-0 EIU ::::C/) .. CD . i '-'It 0.... o >oJ ~ I' " (!l . l .' " IS 'j'I!1 g .. ~! :;~; ~ "" ~~ ;1 ,I a. ~ !il ~il I!I !' . 9 ," ~ ,J ~ '" ~ S ~: i o ? II) t:: l') !? l') o o z w aI ... >- ... <:s .c.; ,"i.. '" -::.:, t~-\ (".\ z-L ~ t/, s.f.:-c, .:;~;:: , "-4. "-j.'~ ~ ~-,::t 00 q-<.::~ HISIT E PAGS-L-OF ....L L ---~..-'~~-..._~ e e RESOLUTION NO. 05-452 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF . FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF BRI(;HTON P ARK, FEDERAL WAY FILE NO. 03-103178-00-SU. WHEREAS, the owner, Mr. Richard M. Hanson, applied to the City of Federal Way tor preliminary plat approval to subdivide certain real property known as Brighton Park, and consisting of 15.93 acres, into twenty-eight (28) single family residential lots located west of 9th Avenue SWat SW 366111 Place (if extended); and WHEREAS, on January 29, 2005, an Environmental Mitigated Determination of Nonsignificance (MDNS) was isslled by the Director of Federal Way's Departmcnt of Community Development Services pursuant to the State Environmental Policy Act (SEPA), RCW 43.2IC~ and WHEREAS, no commcnts or appeals on the MDNS were submitted to the Department of Community Development Services~ and WIIEREAS, the Fcderal Way Land Use Hearing Examiner on June 21, 2005, held a public hearing concerning the Brighton Park preliminary plat; and WHEREAS, following the conclusion of said hearing, on July I , 2005, the Federal Way Land Use Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of the preliminary plat of Brighton Park 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 July 18, 2005, the City Council Land UsefTransportation Committee considered the record and the Hearing Examiner recommendation on the Brighton Park preliminary plat, pursuant to Resolution #05-452. Page I File#!XHlBft~ PAGE.LOF J:L e e Chapter 20 of Federal Way City Code, Chapler 58.17 RCW. and all other applicable City codes. and voted to forward a recommendation for approval of the proposed Brighton Park preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and WHEREAS, on August 2,2005, the City Council considered the record and the Hearing Examiner recommendation on the Brighton Park preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. Now THEREFORE, THE CITY COUNCIL Of THE CITY OF FEDERAL WAY. WASHINGTON, DOES IIEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings of tact and conclusions of the Land Use I learing Examiner's July I, 2005. Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways. transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds. and all other relevant facts as arc required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Resolution #05-452, Page 2 File #03-1031711.()O-SLJ I Doc. 1.0. 32321 EXHIBIT F PAGE ~ OF-#:- e e Section 2. Application Approval. Based upon the recommendation of the Fedcral Way Land Usc Hearing Examiner, and findings and conclusions contained therein as adopted by the City Council immediately above, the preliminary plat of Brighton Park, Federal Way File No. 03-1031 78-00-SU, is hereby approved, su~iect to conditions as contained in the July I, 2005, Report and Recommendation of the Federal Way Hearing Examiner. Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the su~iect property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions, and conduct such additional proceedings as arc necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welt:1re, 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 atlect 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. Resolution #05452. Page 3 File #1l3-IOJI711-OO.SU I Doc. 1.0. 32321 [EXHIBIT F PAGE ~ OF~ e e 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 CllY OF FEDERAL WAY, WASHINGTON, TIllS 2nd DAY OF August ,2005. TmST O~L-- LERK N. CHRISTINE GREEN, APPROVED AS To FORM: ~.~ TV A TIORNEY PATRICIA A. RICHARDSON FILED WITH THE CIlY CLERK: PASSED By THE CITY COUNCIL: RESOLUTION NO. 71'22/2005 8/2/2005 05-452 Resolution # 05-4~Page 4 File H03-103178-OO-SU 1 Doc.I.D. 32321 /eXHIBIT ~ I~AGE~OF LAKEHA VEN UTILITY DISTRICf 31627 - 1st Avenue South · P.O. Box 4249 · Federal Way, Washington 98063-4249 Federal Way: 253-941-1516 · Tacoma: 253-CJ2.7-29Z2. . wwwJakehaven.org May 14, 2008 Janet Shull Community Development Dept. City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 RE: FinalPlat.Approval Status · B,righton:parlc Agreement No. 6306007 Dear Ms. Shull: This letter serves as a status report to advise the Federal Way City Council on final plat approval for the referenced project. The water distribution and sanitary sewer systems for this project are substantially complete. The developer has entered into a supplemental agreement with Lakehaven Utility District and the District has accepted a guaranty for completion of construction of the water and sewer facilities for the project. Please do not hesitate to call me, if you have any questions. I can be reached by phone at (253) 946-5406, by electronic mail at jjensen@lakehaven.org, or by fax at (253) 529-4081. Sincerely, Cd ~bn~n (.. En. eering Technician c: Norris Homes, Inc. CES NW Inc Development Services Supervisor Inspection EXHIBIT PAGE~OF ec: Charles Gibson Commissioner Donald LP. Miller Commissioner Ronald E. Nowicki Commissioner Ed Stewart Commissioner Beverly J. Tweddle Commissioner COUNCIL MEETING DATE: July 15, 2008 ITEM #: 5k CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Setting Public Hearing Date for the Street Vacation of a Portion of South 320th Street POLICY QUESTION: Should City Council approve a resolution to set a Public Hearingfor the street vacation of a portion of the right of way within South 320th Street on -AugU.lt 19, 2(J08?5epf~loe.r 2. :2/.)0 g'? COMMITTEE: Land Userrransportation Committee MEETING DATE: July 7, 2008 CATEGORY: [8] Consent 0 Ordinance 0 Public Hearing o City Council Business [8] Resolution 0 Other ~!~~~~~_~~!_~Y:_!()h!l~~!k_~Y,~_.~:,_~!t~~!~y~!~~~~t~j~(;!J:?,l"lgil"l~~~-:b~!.!;_~~~!~_(;_~~r.~~_______________.___.__ Attachments: 1. Memorandum to LUTC dated July 7, 2008. 2. Draft Resolution (includes Exhibits A, Band C) Options Considered: &pternLx:/" 2. ;l{~D~ 1. Approve the Resolution to set the date and time of a public hearing for the street vacation of a portion of the right of way within South 320th Street at the Augl:lst 19, 2008 City Council meeting. 2. Set Public Hearing on an alternative date recommended by the committee. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL: M Council DIRECTOR ApPROVAL: ~ ~ Council " Committee COMMITTEE RECOMMENDATION: Forward Option 1 on the July approval. ~~~, - 15, 2008 Council Consent Agenda for d1.~ Dini Duclos, Member PROPOSED COUNCIL MOTION: HI move to 'P. ve the Resolution to set the date and time of a public hearing for the street vacation of a portion of the right of way within South 320th Street on a~' ,'/ (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 # 1sT reading Enactment reading ORDINANCE # RESOLUTION # K:\COUNCIL\AGDBILLS\2008\07-1S-08 Setting Public Hearing Date for Street Vacation of a Portion of South 320th Street.doc CITY OF FEDERAL WAY MEMORANDUM DATE: July 7, 2008 TO: VIA: Land Use and Transportation Committee Cary M. Roe, P.E., Assistant City Manager, Chief Operating Officer, Emergency ~ Manager Marwan Salloum, P.E., Street Systems Manager John Mulkey, P.E., Street Systems Engineer j".WI. Setting Public Hearing Date for the Street Vacation of a Portion of South 32(/' Street FROM: SUBJECT: BACKGROUND: Quadrant Corporation had petitioned the City to vacate a portion of South 320th Street, located between 32nd Avenue South and South King Fire and Rescue Station No. 64 located at 3720 South 320th Street. See the accompanying legal description (Exhibit "A") and map of the area to be vacated (Exhibit "B") and Vicinity Map (Exhibit "C") for exact location. The area is a portion of the north margin of South 320th Street that e~ds beyond the Right of Way width required by the City's Comprehensive Plan. The properties abutting the area to be vacated is zoned RM 2400. The area is listed as Multiple Family Residential in the Comprehensive Plan. The Petitioners are seeking the street vacation to use the acquired property as part of a new development of a small lot demonstration project that abuts the South 320th Street Right of Way between )2nd A venue South and the west property line of the South King Fire and Rescue Station No. 64. The area to be vacated has seven abutting private properties owned by Quadrant Corporation, which has had its authorized representative sign the petition. Attachment: Draft Resolution (includes Exhibits A, B, and C) cc: Project File Day File K:\LUTC\2008\07-07-08 Request for Street Vaction of a Portion of S 320th Street.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REGARDING VACATION OF A PORTION OF SOUTH 320TH STREET, SETTING A PUBLIC HEARING FOR THE STREET VACATION. WHEREAS, a proper petition has been filed requesting vacation of a portion of South 320th Street, between 32nd Avenue South and the South King Fire and Rescue Station No. 64 located at 3720 South 320th Street in the City of Federal Way, as described in Exhibit "A" (legal description) and as depicted on Exhibit "B" and Exhibit "C" (Vicinity Map) attached hereto; WHEREAS, the petition contains the signatures of the owners of at least two- thirds of the property abutting the portion of South 320th Street proposed to be vacated; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. A public hearing on the aforesaid vacation petition shall be held at the regular meeting of the Federal Way City Council at 7:00 p.m. on September 2, 2008, in the Council Chambers in the City Hall, 33325 8th Avenue South, Federal Way, Washington. Said hearing date is not more than sixty (60) nor less than twenty (20) days after the date of the passage of this resolution. Section 2. The City Clerk shall give at least twenty (20) days notice of the hearing and cause the notice to be posted as provided by law. Res. # , Page 1 Section 3. The Public Works Director shall obtain the comments, recommendations, or other information from the City departments, affected agencies, and utilities, fire and police agencies, and shall transmit such information to the City Council so that the matter can be considered by the City Council at the public hearing on September 2, 2008. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Res. # I Page 2 RESOL VED 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 HA THAW A Y, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. : Res. # , Page 3 EXHIBIT A RIGHTS-Of.WAY VACA TlON DESCRIPTION STRIPS Of LAND IN 11ll: SOU IHWLS I OllAH fLfl UF SEe nON 10, fOWNSHIP 21 NORfH, HANGl: 4 fAsr. WM, BEING A PUH j IUN (If IRAC rs 1,2,3.4 AND '; CONVEYED ro I IlL :; fA I E OF WASHING I ON HJH ROAO BY DEEDS RECOFlUt I> UNDER REcorWINC NUMBERS 499851 7. 4<j<}W.i:l') :)J4586 AND 4998520, ALL IN MIDWAY SUBURBAN fRAC fS. ACCORDING TO rHF PLA I' THEREOF RECORDED IN VOLUME 38 OF PLAfS, PAGE 40, RECOHD~; Of KING COUNTY. WASH/NGTON. DESCR/BED AS FOLLOWS COMMENCING AI filE SOUTHWEST eORNUl or SAID SEcnON 10; THENCE, NORTH 02'''05'0::1'' EAST ALONG THL wrSf LINE OF SAID SECTION 125.06 FEET, THENCE, SOUTH 89'44'38" EAST, 41.03 FEE r 10 /lIE NORTHWEST CORNO~ or THE SOUTH 7500 FEEl' OF n~ACT 1 OF SAID PLAT AND POINT OF BEGINNING; THENCE, SOUTH 89044'38" EAST ALONG THE NOf-HH LINE OF SAID SOUTH 7500 FEET, 188.99 FEE r TO IHE NOR THEAS f CORNER OF fHE SOUTH 75.00 FEE I' OF SAID TRAC T /, THENCE. SOUTH orOS'OJ" WEST ALONG filE FASf LINE OF SAID TRACT, 35 O~} FEET TO THE NOH rHEAS r conNER OF THE ~)ou III 40.00 FEET OF SA/D TRAC r, THENCE. SOUHI Wj 'H'n' [AS r ALONe niL NOrHIJ LINE OF THE SOUTH 4000 FEET OF n:~ACr(; / I N.m 4, t\ DISIANCE CH,/(j Ie, fELl 10 POINT HEREINAF rEH Ci\LI UJPOINT A., THENCE. ALONI~ ,\ r'll )J'J I ;\N\;r~J I \ :UHVr r,; 'i If 1,/1 ;111. II Ii H:\DIU'--; PC)JN i OF WHICH BEARS NOH f II G8 U~)T' we; 1 ,J.) .Ill I Lt I, rllENCE SOUTHWESTFFUY IlInOl!CH.!\ CFNTFU\I. NFd f- n! 1')"I~r1F;" Ion AN ARC LENGTH OF II 49 F'tJ r THENCE, NORTH d<)l4'J(f' WE>; i ,\LONC II II :'JuH II i I lNt ()f fllF sou I'll :;n or) FEET OF TRAC r:; 1 2.1 l\NO ,I. A D1S TAr'JeT 01 '; /.1 iJi) n L I, THENCE. NOR I H 0;) O:)"(J I" EN; I UN fHE \IV 1<; I 1 1f.H uf lllE LAS 1 1000 H:Ef OF SAID TRACT 1, j\ DIS lANCE OF 3502 FEE r 10 A POIN r ON rHE NORTH LINE OF THE SOUTH 6500 FEET OF SAID TRACT 1. THENCE, NOR fH fl9'44':313" WEST ALONG SAID UN(, 1/[347 FEET, THENCE, ALONG A NON IANGFNf CUHVE 10 nil HlnH I. filE RADIUS POINI OF WHICH BEARS NOli IH 82"3:]'59" EAS r :3800 FEE T, nlENCE NORTHERLY THROUGH A CEN TRAL ANGLE OF 9 "31'03", FOR AN AHC LENG TH OF 631 FEE T THENCE, NORTH 02"05'0 I" EAST 371 FEET TO THE POINT OF BEGINNING; ALSO, COMMENCING A T SAID "POINT A; THENCE, SOUTH 89044'38" EAST ALONG THE NOHTH LINE OF THE SOUTH 4000 FEET OF TRACTS 4 AND 5. A DISTANCE OF 6605 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUING SOUTH 89044'38" EAST, 6T80 FEET ALONG SAID NORrH LINE TO THE EAST LINE OF THE WEST 10000 FFEf OF THACT 5; THENCE, SOUTH 02"05'01" WEST ALONG SAID EAST LINE 20.01 FEET TO THE NORTH LINE OF THE SOUTH 20 FEET OF SAID fHACT 5; THENCE, NORTH 89"23'56" WEST ALONG SAID SOUTH LINE, 49.62 FEET; THENCE, ALONG A NON-fANGENf CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEAHS NORTH 39"51'24" EAST 4300 FEET; THENCE NORTHWESTERLY THROUGH A CENTRAL ANGLE OF 32"37'04", AN ARC DISTANCE OF 2448 FEET TO THE POINT OF BEGINNING. - --- -. ---j 'I '(I - -~1 2'--, . -115'- I I j r, 1-' -"1..150:- '--1- ijl jO:- I :1 0- I")' -901-- I -dU~- I I I. , ., 18/]: IT] , I - o. '::'s ,;! J' I "D: (./) I '; -<-- 0: :::::.! l./u l~ ~ :18 ! ~ I.j l ' .L I --,-. 1 1. j, ~ f -\ , iOU rH I en ::tJ . "'.J '" I I ; 11' g~l : ~I I \' , I: I ~ '~ r -i: <::): ~ I 1 I 'v', I ::~ "r): ~ !> J J: I ~! 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I' 1<11 I ' , I, : It"', i i'f' j t~ ;",1:1'.,~,1 i -~lf--;~F . j . , I;,ii : ;,11 je/, ,,' . , . Il' Area Proposed / I! 11 ! f j, 'r. '..; 'J ''',!J l,~/ I t;r1r JA For Vacation " ) 1.\1/ r' /1 ...... '<:[IIII,lt', / LJI~7/{)\..J [,gl /L.\.I: " ";"'./'r/', 11 1/ ", ,*, ...-.1________..'__ J_,_ frfH-S-T -~~" >-- <( ~ (/) w > <( o z ('oj (") 'C '---, oc w (f) ::J UJ <( r 0:: ill ).- IH :;; VICINITY MAP S 320th ST (Quadrant) STREET VACATION ~ by KCM Nule nw; map IS tHief/de<} fo( use dS d fj(iJ{lfllcal (epresentation OfIIy , Upddted Mav 1 S. 2008 ft.e 011' of Fede(aI Way makes /lO w,)r(anly as 10 I/s accur.acy. ~~!!_~~~!-_~J!:J!:!~~~~~!J!::~~~r~~'~~~~________________m_m____.__________________________!!J!:~_~:~~__~ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Grant Funding for Transportation Improvement Projects .~ ~'h; POLICY QUESTION: Should City Council authorize staff to submit grant applications for transportation improvement projects? COMMITfEE: Land Use and Transportation Committee MEETING DATE: July 7, 2008 CATEGORY: ~ Consent o City Council Business o Ordinance o Resolution o Public Hearing o Other ~_!~FF R!POR!l!Y-=__M~~~_~~!!?~_~!~:~:'._~~!i~gQ~p~!l:'R~~l~~~~E!<::>_~i!.~cto.!_~!~_:_Rublic ~~~______________ Attachments: Memorandum to the Land Use and Transportation Committee dated July 7, 2008. Options Considered: I. Authorize staff to submit a grant funding application under the 2008 Intersection Corridor Safety Funding Program for the Pacific Hwy S HOV Phase IV (Dash Point Rd to S 312th Street) project. 2. Do not submit any grant funding application under this funding program. STAFF RECOMMENDATION: Staff recommends forwarding Option I to the July 15,2008 Council Consent Agenda for a roval. CITY MANAGER ApPROVAL: &,v( Council DIRECTOR ApPROVAL: ~ Committee ~ Council COMMITfEE RECOMMENDATION: Committee recommends forwarding staffs recommendation to the July 15,2008 Council Consent Agenda for approval. ~ _ ___M'~ I, Member Dmi Duclos, Member r al to authorize staff to proceed with submitting a grant jitnding (jar Saftty Funding Program for the Pacific Hwy S HOV Phase IV PROPOSED COUNCIL MOTION: "I move a application under the 2008 Intersection C (Dash Point Rd to S 312th Street)project. " (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 # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 7,2008 TO: Land Use and Transportation Committee VIA: Cary M. Roe, P.E., Assistant City Manager, Chief Operating Officer, Emergency eA. Manager FROM: Marwan Salloum, P.E., Street Systems Manager ~. ~Brian Roberts, P.E., Street Systems Project Engineer SUBJECT: Grant Fundingfor Transportation Improvement Projects BACKGROUND This memorandum provides the Council with the current funding availability of new grant funding programs for transportation projects. Staff has evaluated all projects listed on the City's Six Year Transportation Improvements Plan (TIP) and concluded that the following project will likely be competitive in the 2008 Intersection Corridor Safety Funding Program. Project (Funding Phase) Grant Estimated Project Cost Possible Grant Fund Required City Match Pacific Hwy S HOV Phase IV (Dash Point Rd to S 312th Street) (Construction Phase) 2008 Intersection Corridor Safety Program (Federal Funds) $20,800,000 $500,000 $0.00 K:\LUTC\2008\07-07-08 Grant Funding for Transportation Improvement Projectdoc COUNCIL MEETING DATE: July 15,2008 ITEM #:Le{a.) ,.............. ..............................................,... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Informational Presentation - City of Federal Way Jail Options. POLICY QUESTION: Should the City of Federal Way: I-Build a jail; 2-Participate in a Regional (SCORE) jail facility; 3-Maintain and rely upon current jail contract options, waitingforJAG-King County negotiation results? COMMITTEE: Parks, Recreation, and Public Safety Council Committee CATEGORY: D Consent MEETING DATE: July 15,2008 D City Council Business D Ordinance D Resolution D [81 Public Hearing Other STAFF REpORT By: STAN COMMANDER DEPT: Police Department Attachments: 1. PowerPoint Presentation Options Considered: 1. Build a City of Federal Way Misdemeanant Jail. 2. Participate with other Valley Cities in a Regional Misdemeanant Jail Initiative. 3. Maintain Current Jail Contract Options, STAFF RECOMMENDATION: No Recommendation at this time CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: Council ConuniUee Council COMMITTEE RECOMMENDATION: PRPS recommends Option_ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move that the City of Federal Way (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # Federal Way Jail Options Federal Way City Jail , And SCORE Regional Jail History / Facts .2010 - Yakima Jail Contract Ends . New contract negotiations are in progress. . Yakima does not accept "3M" prisoners and is not a local facility for mandatory & daily bookings. .2012 - King County Jail Contract Ends . K.C. initially refused jail services to City's. . Now offerring bed space & contract extension- 2014 . "Short term" solution for Federal Way. 1 History / Facts - Continued . Regional Jail Efforts: Ricci Greene Jail Study - .JAG - NECC, (NorthEast Cities Coalition), and South County Cities - Tukwila, Renton, DesMoines, Auburn & Federal Way - have been evaluating incarceration options. . SCORE: (South CORrectional Entity) Current Efforts / Facts . NECC cities are currently funding a separate jail feasibility study. . Seattle - currently conducting their own jail feasibility study and site assessment. . South County Cities - are meeting to formalize agreements & evaluate governance models for a regional jail - similar to Valley Comm. . DLR- (Seattle architectural firm) has provided preliminary jail design study data. 2 ADP Comparison 2005 2006 2007 201 0-2028 South Valley Cities Unknown Auburn 109 110 121 Des Moines 17 18 15 Kent 151 126 124 Renton 116 111 123 Tukwila 27 28 27 Federal Way 54 52 66 Construction Cost Comparison . Federal Way Jail (92 beds) .SCORE Jail (650 beds; FW 130 beds) Construction Total - $80 mil. Operating Total - $15.5 mil./yr.* . Construction - $14.8 mil. . Operatinq - $3.5 mil./yr. . FW's Share - $16.6 mil. . FW's Share - $3.0 mil./yr. *Add'l costs for FW facility Outlined in next slide *includes projected revenue off-set. (Clark Architect Est.- 2008) (DLR Study-2010 dollars) 3 Additional Costs - FW Facility FEDERAL WAY JAIL . Land Acquisition - 2-4 acres $522,720 - $1 ,045.440 (DLR est.) . Community Concerns / Meetings . "3M" Prisoners (Mental/Medical/Management) $500K - $700K oer vear . Prisoner Transports / Court Supervision costs- . Jail Employee Management - Recruiting, Hiring, Training, Supervising 25-30 FTE's: o Construction Planning, Design Mgmt: (Contract) SCORE . Land Acquisition - 14 acres Included in construction est. $6/SF . Community Concerns I Meetings . "3Ml' Prisoners (MentaVMedicaI/Management) Included in estimates . Prisoner Transports I Court Supervision Included in estimates . Jail Employee Management - Recruiting, Hiring, Training, Supervising: Included in estimates . Construction Planning, Design Mgmt: (1/2 time to full time FTE, One-time cost) Included in SCORE estimates Jail Contracting Options Kinq County - RJC Negotiate new contract - Recent Developments KC's new rates (2012-2014) Unknown Yakima Negotiations in progress - new rates ($10S.00/day) SCORE- Contract potentially available if we are not part "owner-city". 4 Decisions Council Direction / Decision Requested Within the next month or so: -Options- 1- Build our own jail; 2- Participation in Regional (SCORE) jail faci I ity; 3- Maintain current jail contract options, wait for JAG / King County negotiation results. 5 COUNCIL MEETING DATE: 7/15108 ITEM#: 1_1- mm......................_M__._H............._..._._........m_~ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Extension of Closing Date on Sale of Former AMC Theaters Site to United Properties POLICY QUESTION: Should the existing Real Property Purchase and Sale Agreement between the City of Federal Way and United Properties be amended to allow for an extension to the closing date from 9/11/08 to as late as 9/11/09? COMMITTEE: NI A MEETING DATE: N/A CATEGORY: D Consent cgj City Council Business D Ordinance D Resolution D D Public Hearing Other ST AF~~.~Q~!._~!~ p A~!~_~._Q2.!!~RTyJ_EC2-NOMI~...I.?E-Y..~!::QP.!.:t.~!::lI_"Q.!~~:r.g~...__.E~~_!.: CITY ~~~A~_~~_____._____.___._.___...__ ATTACHMENTS: LETTER FROM UNITED PROPERTIES; LETTER FROM CANADA ICI CAPITAL SummarylBackground: On 12/11/07 a Real Property Purchase and Sale Agreement between the City of Federal Way and United Properties was signed and executed for sale of the former AMC Theaters site to United Properties of Vancouver, BC. The Agreement stipulated that United Properties shall close on the property "on the date that the building permit for grading, excavation and shoring and/or foundation for any portion of the Project is issued or two hundred seventy (270) days after the Effective Date, whichever date occurs first..." The latest closing date would, therefore, be 9/11/08. On 7/2/08 the City received a letter, dated 6/27/08, from United Properties Vice President David Setton (attached), requesting an extension of the latest closing date by up to one year (9/11/09), accompanied by an offer to pay for the City's approximate yearly carrying costs of $150,000 beyond 9/11/08 on a prorated basis commensurate with the actual amount oftime past 9/11/08 that eventual closing will occur. Staff is able to confirm that $150,000 represents a close approximation of the yearly carrying costs that include interest on the loan for purchase of the site, as well as incidental service charges for continued sewer and water hook-up, etc. United Properties' stated rationale for the extension is chiefly due to the current economic conditions that have led to essentially no financial credit liquidity for large condo projects such as Symphony at this time. United Properties has approached multiple potential lenders in the US, Canada and abroad and, while there is a great deal of interest in the Symphony project, these lenders have stated emphatically that they are not making such large loans for this kind of project at this time. Attached you will also see a letter from Canada ICI Capital, stating its "commitment to providing construction financing" to the Symphony project, but likewise not at this time. Staff is able to corroborate the financial conditions that are forcing United Properties to seek delayed closing. Day-to-day monitoring of local and national news items regarding lending for large redevelopment projects confirms that even in the Seattle metropolitan region the financial institutions have halted construction financing for large projects. In fact, in a May 29, 2008 Daily Journal of Commerce article on the subject, John Midby of The Lexas Companies, wrote the following: Despite stability in the downtown Seattle real estate market, most banks and other financial institutions are not making condominium construction loans. Because exposure in other states has put strenuous requirements on construction lending, banks have reduced substantially the amount they 'llloan, while requiring that half or more of the condominium units be pre-sold. Mr. Midby topped that off by saying that his firm's "Escala" mixed-use highrise project in Downtown Seattle is "one of the last projects to receive financing following the credit slowdown" in the region. In addition, when Economic Development Director Patrick Doherty attended the International Conference of Shopping Centers "RECON" Convention in Las Vegas at the end of May, he paid personal visits to all the financial institutions present. While many were impressed with the Symphony project and offered their contact information for future consideration, all of the firms indicated that they were not lending for such projects this year. In summary, United Properties states that it is enthusiastic about pursuing the Symphony project, continues to work on the permitting, contractor negotiations, pursuit of financing, etc., and looks forward to 2009 to presales marketing and to commence construction. Financial institutions, including Canada ICI Capital, have indicated strong interest in the project and foresee more favorable lending conditions next year. Options: 1. Disapprove United Properties' request for an extension of the closing date. 2. Authorize the City Manager to prepare a draft amendment to the Agreement that approves United Properties' request for an extension of the latest closing date by up to one year and contains the following provisions: a. United Properties shall deposit in escrow of a check for $150,000 upon execution of the amendment. Upon closing or by 9/11/09, that portion of the $150,000 that represents a prorated share ofthe 12-month carrying costs shall be paid to the City. b. United Properties shall make quarterly reports to the City Council on progress associated with permitting; marketing; pursuit of, and/or commitments for, financing, etc. STAFF RECOMMENDATION: Option 2. CITY MANAGER APPROVAL: M C mi ee ~ Council DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "] move approval of Option 2. " (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 - 02/0612006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # * UNITED PROPERTIES LTD VIA EMAIL June 27,2008 City of Federal Way 33325 81h Avenue South, . Federal Way, WA 98003 Attention: Patrick Dohertv. Economic Development Director Dear Patrick: Re: Svmphonv Purchase and Sale Atlreement I Closintl Extension As you are aware we have been working diligently to finalize our financing for the above- mentioned development. In light of the current financial situation and the soft housing market, our lenders have advised us to postpone the marketing and construction of the project. We believe this state of affairs to be temporary and that much of the slow housing market in Washington is tied to consumer confidence. Washington State is primed for economic growth with strongjob creation through companies such as Boeing and Microsoft and low unemployment rates. To date United Properties has made a substantial investment in the property. We have finalized a comprehensive development agreement, completed our preliminary plans, and submitted for our excavation permit. We can both agree that the development is well-planned and that when the market recovers, Symphony will be well positioned to commence sales and construction. A successful initial marketing campaign is critical to the success of Symphony. Although our lenders have complete confidence in Symphony, in order to ensure a successful marketing launch, they have advised us to wait until the US financial crisis has subsided. We therefore formally request a one year extension of the closing date from September 11,2008 to September 11,2009. During this time period United Properties will continue to work with our team of consultants and the City of Federal Way to fine tune development plans, We are enclosing a letter from Canada ICI Capital Corporation, outlining their desire to continue to work with us to secure the financing for the development. We appreciate the City's financial commitments with respect to holding the property for the future project and we would like to confirm that United Properties will contribute to the carrying costs associated with the extension up to $150,000, pro-rated and payable at the time of closing. Suite 550-2608 Granville Street, Vancouver, B.C., V6H 3V3 Phone: 604.736.3864 Fax: 604.736.3811 We regret having to make this request and value our relationship with the City of Federal Way. As an important part of our team, we hope that the City will grant us this extension so that we can continue our relationship and make Symphony the success that we all know it can be. Yours truly, UN PROPERTIES - SYMPHONY, L.L.C. Canada ICI 430. 1040 West Georgia Vancouver, B. C. V6E 4H 1 F 604.669.7698 canadaici,com June 26, 2008 City of Federal Way 33325 8th Avenue South, Federal Way. WA 98003 Attention: Patrick Doherty. Economic OevelODment Director Dear Patrick: Re: SvmDhony LLC Financin~ This letter reaffirms Canada ICI Capital (Morrish Leitch) Corp.'s commitment to providing construction financing for the above-mentioned development. Over the past 20 years we have arranged approximately $500,000,000 in project financing. United Properties has been one of British Columbia's most innovative and successful developers of multi- family and hi-rise projects. We have financed individual project loans in excess of $33,000,000 with all our dealings being handled in a professional manner, Very truly yours, CANADA ICI CAPITAL (MORRISH LEITCH) CORP. ~ Specializing in Real E~tate Capital ~ MEETING DATE: July 15,2008 ITEM# (PG '-'--'---"-"--~'-"-"'---""-'-"-"'''''-'''''-'-----...-----.---.-.-.--.....-..-..---.--.----...--....................-.-.--...-.....-.--...-......-..-..--.........---..--..-..-.--..-'"--...-'"-.-...-".----.---..".----..---.--.....--.-----..--.-..........-------------.-.--....-.-.. CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY MANAGER PERFORMANCE EV ALUA TION _.........__.___._.._....___.__.__n_...____...._..._______._....__.______._____..__.__......._.....__.__....._.__....___....__.._._....____.........__._M..._..____......__...__......________.._______._.._..._......__....__...____________..._.__'_'m CATEGORY: BUDGET IMPACT: o CONSENT o RESOLUTION X CITY COUNCIL BUSINESS o ORDINANCE o PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: City Manager Performance Evaluation ~_._._---_._-----_.-.__...._.__..._..__..__._--_._._..--.-.--.---..-.---------.......--.-....-.......----....--......-....--.................--..-....-...........--..--..-----.----.......---.---------...-.--..----....----...-...---.---------.---oo- SUMMARYIBACKGROUND: The City Manager's Employment Agreement requires annual performance reviews, and provides for the possibility of adjustment to annual compensation. The City Council conducted its performance evaluation of the City Manager on June 17, July 1, and July 15,2008. The City Manager Employment Agreement states "The City Manager shall be eligible for merit consideration annually and shall receive an annual increase equal to the cost-of-living or cost-of-market increase given to general employees of the City effective January 151 of the calendar year. The City and City Manager agree that the City Manager's base salary may be reviewed for purposes of possible adjustment periodically, as determined by the City Council." ........-..---.-....---..-..-....................-----....-..-.-.____......__.____....__.___........._.__......__.._m........._..............._....__...__........_............_..___....._._..._..._._.__.._......_.__.......___.......______._____..._______.________._ CITY COUNCIL COMMITTEE RECOMMENDATION: Not applicable ---.-....-...-------......-...-..--..--.......--..-.-.......------....-.-.------.--.-...........-....-...---.......-.--.--.--_._--_._--.~_..._.__._...__.__.._..._--_...~-_.__._.__.._.-.--..-----..----- PROPOSED MOTIONS: "I move approval of the City Manager's Performance Evaluation for the period of August 1, 2007 to July 15,2008." "I move approval to increase the base salary of City Manager Neal Beets by _% effective August 1, 2008." -_.__...__..._-_...__._-_.__._._--~_._-------_._------~--.--------.--..-----...-.--....----.---.--.-.....-..--.-.-..-.-.---.--..-..---..-...----------.-..- CITY MANAGER APPROVAL: ~{ Vl (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D TABLEDIDEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # K:\agenda\BeetsevaI2008.doc ~ CITY OF ~ Federal Way City of Federal Way Performance Evaluation Employee Name: Neal Beets Evaluator's Name: City Council Type of Review: Job Title: City Manaoer Annual Eval. 8/1/07 review per Period: aQreement to 7/15/ 08 Performance Criteria OutstandinQ Performance: Exceeds Performance Meets Performance Improvement Needed: Unacceptable Always carries out the Standards: Standards: Performance needs to be Performance: examples given under the Often carries out all or most Regularly carries out improved in this area to be Performance is at an criterion. Is a solid leader, of the examples given several examples under considered acceptable. unacceptable level in this role model & takes under the criterion. the criterion. Performance May demonstrate a lack of area. Improvement is ownership in this area. Consistently demonstrates is consistently good. dependability or required and additional Actively & continuously enthusiasm, pride & a Demonstrates accountability. Guidance direction is necessary. seeks opporlunities to make positive attitude. Is dependability in this area. and specific direction are improvements and a positive completely reliable in this May need guidance or regularly needed from difference. Anticipates needs area. Little specific direction specific direction in this others. & seamlessly handles them. is necessary in this area. area. No specific direction in this area is needed. Definitions for Applying Performance Ratings on Individual Criteria 1. City Council Goals (For future evaluations) a. Accomplished the City Council's goals as enumerated in the Council Retreat Summary. b. Carried out Council agreements \ D Outstanding Performance x Exceeds Performance Standards D Meets Performance Standards D Improvement Needed D Unacceptable Performance Describe specifically, including examples, how you arrived at this assessment. In your view, what is one thing the City Manager could do to improve performance in this area? 2. SiQnificant Special Projects (These are Projects that arose outside of the Council Goal-SettinQ Process but are siQnificant to the Council and the well-beinQ of the Community. Examples could include projects that arose as a result of some natural disaster or similar emerQency, or projects that were unforeseen but arose from the state or federal political process.) a. b. c. d. D Outstanding Performance D Exceeds Performance Standards x Meets Performance Standards D Improvement Needed D Unacceptable Performance Describe specifically, including examples, how you arrived at this assessment. In your view, what is one thing the City Manager could do to improve performance in this area? 3. Relations with Council a. Built and maintained effective relationships with Council members, individually and as a group. b. Listened to Council concerns and issues c. Provided information to Council that is accurate, objective, complete and timely. d. Provided timely and effective responses to Council's constituent requests for information and service. e. Gave Council members equal access to information in accordance with adopted Council rules. f. Kept Council abreast of the status of all major initiatives. g. Ensured that staff effectively analyzes the issues, explained potential impacts and provided meaningful options objectively and fairly. D Outstanding Performance D Exceeds Performance Standards D Meets Performance Standards x Improvement Needed D Unacceptable Performance Describe specifically, including examples, how you arrived at this assessment. In your view, what is one thing the City Manager could do to improve performance in this area? 4. Policy Development and Implementation a. Assisted Council in establishing City goals and policy direction b. Identified problems and analyzed policy issues that needed to be addressed and scheduled them for Council review and action. c. Developed draft policies with adequate input from City boards, public committees, the public and appropriate department staff. d. Supported Council actions after a decision had been reached. e. Implemented policies in a timely fashion. f. Effectively interpreted Council directives and actions to staff. D Outstanding Performance D Exceeds Performance Standards x Meets Performance Standards D Improvement Needed D Unacceptable Performance Describe specifically, including examples, how you arrived at this assessment: In your view, what is one thing the City Manager could do to improve performance in this area? 5. Manaaement of Financial Resources a. Provided for effective long-range financial planning. b. Implemented and maintained adequate financial controls per requirements of State Auditor. c. Maintained an effective performance measurement system that relates inputs, outputs and outcomes. d. Provided a balanced budget that reflects Council's policy priorities and conforms to adopted financial policies. e. Ensured that all expenditures are consistent with the budget. f. Provided accurate and timely financial reports for Council review. g. Delivered an annual state audit report with no findings. D Outstanding Performance x Exceeds Performance Standards D Meets Performance Standards D Improvement Needed D Unacceptable Performance Describe specifically, including examples, how you arrived at this assessment. In your view, what is one thing the City Manager could do to improve performance in this area? 6. Capital Proiects a. Developed capital projects with adequate public and Council input. b. Maintained up-to-date capital improvement plans c. Completed capital projects within adopted budgets and timeframes. d. Identified and planned for infrastructure maintenance needs in all CIP categories (streets, parks, utilities, building, equipment, etc). D Outstanding Performance x Exceeds Performance Standards D Meets Performance Standards D Improvement Needed D Unacceptable Performance Describe specifically, including examples, how you arrived at this assessment. In your view, what is one thing the City Manager could do to improve performance in this area? -7. Oraanizational Leadership a. Viewed by Council and Department Directors as an effective organizational leader. b. Maintained effective labor/employee relations. c. Delegated effectively to Department Directors d. Attracted and retained high-quality department directors and staff. e. Supported, maintained and enhanced skills levels of staff via training, education and job enrichment. D Outstanding Performance D Exceeds Performance Standards D Meets Performance Standards x Improvement Needed D Unacceptable Performance Describe specifically, including examples, how you arrived at this assessment. In your view, what is one thing the City Manager could do to improve performance in this area? 8. Personnel ManaQement a. Filled authorized positions with qualified individuals. b. Maintained an effective and clear perfonnance evaluation system. c. Ensured that employee perfonnance is reviewed and documented on schedule. d. Dealt with disciplinary issues promptly and fairly. D Outstanding Performance D Exceeds Performance Standards x Meets Performance Standards D Improvement Needed D Unacceptable Performance Describe specifically, including examples, how you arrived at this assessment. In your view, what is one thing the City Manager could do to improve performance in this area? 9. Relations with Community. Media & Other Governments a. Projected a positive City image. b. Effectively handled citizen's complaints, inquiries, and contacts . c. Maintained effective mechanisms to keep the public infonned of City programs and issues. d. Visible in community forums, providing accurate and relevant infonnation about City services and issues. e. Maintained open and effective relations with local and regional news organizations. f. Effectively participated in regional and statewide inter-governmental forums representing the City's interests and projecting a positive image for the City of Federal Way. x Outstanding Performance D Exceeds Performance Standards D Meets Performance Standards D Improvement Needed D Unacceptable Performance Describe specifically, including examples, how you arrived at this assessment. In your view, what is one thing the City Manager could do to improve performance in this area? 10. Personal and Professional Qualities . a. Demonstrated integrity, fairness and impartiality in decisions. b. Maintained a sense of humor and perspective. c. Accepted responsibility. d. Showed poise under pressure. e. Maintained professional credentials and is a member in good standing with the International City/County Management Association. x Outstanding Performance D Exceeds Performance Standards D Meets Performance Standards D Improvement Needed D Unacceptable Performance Describe specifically, including examples, how you' arrived at this assessment. In your view, what is one thing the City Manager could do to improve performance in this area? City Council Comments - The Evaluation Period in Review Describe top achievements or strengths of the City Manager during the review period. *Established positive and collaborative relationships with citizens, the business community, other governmental entities within and outside the City, and with the Municipal Court especially during a difficult period. * Spearheaded and coordinated staffs participation to advocate the City's interests in the State and National Legislative arenas and positioned the City positively for the next Legislative Session. * Initiated and directed significant projects toward redevelopment of the City Center to further spur economic development, including Symphony, Light Rail to Federal Way, and Safe Cities. * Created an aggressive graffiti removal program that began with community volunteer participation in the "Paint Out". * Directed and supported staff to initiate aggressive nuisance abatement that in one instance resulted in the clean-up for a residence thereby addressing health and safety concerns in the neighborhood. What are the most important performance objectives for the City Manager for the next review period? * Develop strategic alternatives for Council consideration and facilitate consensus. Develop implementation steps and follow through with Management Team to provide cohesive leadership. . * Prepare thoroughly for meetings to illustrate detailed knowledge of agenda issues. * Manage time to avoid being late to meetings and/or timely communicate delays and location. * Recognize the importance of issues to adjust the frequency and depth of communication with Council members. * Engage, listen to and support Management Team and staffto address the heavy workload issue/perception. _ *Manage public expectations to comport with clear Council consensus and policy direction OVERALL PERFORMANCE RATING D Outstanding Performance D Exceeds Performance Standards x Meets Performance Standards D Improvement Needed D Unacceptable Performance . Employee Comments Describe three top achievements or strengths demonstrated during the review period. What are three areas of personal growth that you would like to focus on for the next review period? Other comments? Signatures and Checklist D Date set for next performance review (usually one year from the date the review is given): D New/Revised performance objectives and/or goals established and communicated to City Manager for the next review period. EMPLOYEE: I CERTIFY THAT I HAVE DISCUSSED THIS EVALUATION WITH THE CITY COUNCIL. I UNDERSTAND THAT MY SIGNATURE DOES NOT NECESSARILY INDICATE AGREEMENT. City Manager Neal Beets Signature: Mayor Jack Dovey Signature: Deputy Mayor Eric Faison Signature: Council member Jeanne Burbidge Signature: Date: Date: Date: Date: Council member Dini Duclos Signature: Council member Mike Park Signature: Council member Linda Kochmar Signature: Council member Jim Ferrell Signature: Date: Date: Date: Date: COUNCIL MEETING DATE: July 15,2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Federal Way Village Rezone Ordinance Amendment POLICY QUESTION: Should the City Council amend Condition Number 3 of the Conditions of Zoning Approval of Ordinance 05-490, as amended by Ordinance 07-556? COMMITTEE: Land Useffransportation Committee (LUTC) MEETING DATE: July 7, 2008 CATEGORY: o Consent o City Council Business l8J Ordinance o Resolution o Public Hearing o Other: Information Only STAFF REPORT By: Senior Planner Janet Shull, AICP ~~ DEPT: Community Development --.-.-..-....-.--.---....-...-....-.--..----.....----..--.---.-...-...--....-.----.-.........-..-......................-.._..-.-....-...f.\..~.--:..-.-.--- ....--.--..--...-.----..-.--..--..---.-..-...-.-.---..--------....-....---..--.-.--..--.--..-.... Summary/Background: Jon Potter (on behalf of Federal Way Village, LLC), has requested to modify condition number 3 of Ordinance 07-556 in order to allow for phased construction of required right-of-way to serve the Federal Way Village project. The Planning Commission conducted a public hearing on June 17,2008, and recommended that the council approve the staff recommended ordinance amendments. Staffwill make a brief presentation at the July 7, 2008, LUTC meeting. Attachments: 1) Draft Adoption Ordinance with amended language shown in strikeout (proposed deletions) and underline (proposed additions); and 2) June 4, 2008, Staff Report to the Planning Commission with Exhibits 1-4. Options Considered: 1) Adopt the Planning Commission recommended amendments to Ordinance 07-556 (amending Ordinance 05-490); 2) Adopt the recommended amendments with modifications; or 3) Do not adopt the recommended amendments. STAFF RECOMMENDATION: Council approval of the Planning Commission recommended amendments to Ordinance 07-556. ~ DIRECTOR ApPROVAL: ~ to Committee ~ To Council CITY MANAGER ApPROVAL: - t(1f-,('_tlA_Ld.r Dini Duclos, Member COMMITTEE RECOMMENDATION: Forward the Ordinance for first reading to the full Co PROPOSED COUNCIL MOTION(S): 1 ST READING OF ORDINANCE (JULY 15, 2008): I move to forward the ordinance to a second readingfor enactment on the August 5, 2008, consent agenda. 2ND READING OF ORDINANCE (AUGUST 5, 2008): "I move approval of the ordinance to amend Ordinance 07-556,." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED -- 02/0612006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # File #08-102234-OO-UP Doc. [.0.45936 DRAFT AMENDING ORDINANCE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO ORDINANCE 07-556, AMENDING ORDINANCE 05-490, RELATING TO THE CONDITIONS OF ZONING APPROVAL FOR FEDERAL WAY VILLAGE (aka KITTS CORNER) (AMENDING ORDINANCE NO'S. 90-43, 95-248, 96-270, 98-330, 00-372, 01-405,03-442,04-460,04-461,04-462,05-490, 05-491,05-492,07-556). WHEREAS, the Growth Management Act of 1990 as amended (Chapter 36.70A RCW or "GMA"), requires the City of Federal Way to adopt a comprehensive plan that includes a land use element (including a land use map), housing element, capital facilities plan element, utilities element, economic development element, and transportation element (including transportation system map[s]); and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan; and WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14,2000, November 1,2001, March 27, 2003, July 20, 2004, June 16, 2005, and July 3,2007; and WHEREAS, Ordinance No. 05-490 approved a change in comprehensive plan designation and zoning of approximately 46 acres located south of South 336th Street and west of Pacific Highway South from Business Park (BP) to Community Business (Be) and Multi-Family (RM 2400), based on specific conditions as contained in said ordinance; and WHEREAS, as a result of this action, approximately 19 acres east of a dividing line would be designated Community Business (Be) and approximately 27 acres west of a dividing line would be designated Multi-Family (RM 2400); the dividing line described as a line extending southwards from the South 336th Street right-of-way, said line which follows the eastern buffer of Wetland No.2 as shown in the Settlement Agreement and Covenant recorded under Recording No. 9704211043 to a point Ord# , Page I File #08-102234-00-UP I Doc. l.D. 45651 approximately 351 feet north of the south property line of Parcel No. 202104-9004, at which point said line follows the middle of the 13th Place South extended right-of-way to the south property line of Parcel No. 202104-9004; and WHEREAS, the applicant submitted an application for a Master Plan for the Federal Way Village site in January 2007; and WHEREAS, in March 2007, the City of Federal Way received a request to amend the conditions of I zoning approval of the approximately 19 acres of that portion of site zoned Community Business; and WHEREAS, in June 2007, the City Council of the City of Federal Way adopted Ordinance 07-556 that amended the conditions of approval of the approximately 19 acres of that portion of the site zoned Community Business; and WHEREAS, in February 2008, the City's SEPA Responsible Official issued a Mitigated Determination of Nonsignificance on the Federal Way Village Master Plan that considered phased implementation of the required public roadway network; and WHEREAS, in May 2008, the City of Federal Way received a request to further amend the conditions of zoning approval to allow for the phased construction of required public right-of-way within the site consistent with phased construction of the proposed zero-lot line townhouse subdivision and mixed use commercial portions of the site; and WHEREAS, the City of Federal Way through its staff, Planning Commission, City Council committees, and full City Council has received, discussed, and considered the testimony, written comments, and material from the public, as follows: l. On June 18, 2008, the City's Planning Commission considered the request for a change in the conditions of zoning approval to allow for phased construction of required public right-of-way within the Federal Way Village site. 2. On July 7, 2008, the Land Useffransportation Committee of the Federal Way City Council considered the request, based on recommendation by the Planning Commission, following which it recommended adoption of the Planning Commission's recommendations. Ord# , Page 2 File #08-102234-OO-UP I Doc. !.D. 45651 3. On July 15, 2008, the full City Council considered the request for a change in the conditions of zoning approval to allow for phased construction of required public right-of-way within the Federal Way Village site at which time it adopted the Planning Commission's recommendation as forwarded by the LandlUse Transportation Committee. WHEREAS, the City Council desires to approve the request for a change in the conditions of zoning approval for the construction of required public right-of-way within the Federal Way Village site based on the amended conditions as contained in Section 3 of this ordinance. Now, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as follows: Section I. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed amendments to the conditions of zoning approval will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Section 22-526, 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 for adoption of the amendments to the conditions of zoning approval for the Village at Federal Way: A. The proposed amendments, as set forth in Section 3 below, would conform to the conditions of zoning approval by providing for construction of public right-of-way identical in design to that originally envisioned and consistent with the comprehensive plan because right-of-way segments will be constructed in phases consistent with the phasing of overall site development. B. The proposed amendments to the conditions of zoning approval, as set forth in Section 3 below, will allow development of the site in phases to better respond to market conditions and the Council's vision for development of the site, while providing for transportation facilities to serve the site and improving circulation in the vicinity, and therefore bears a substantial relationship to public health, safety, and welfare and are consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies and the Comprehensive Plan. Ord# , Page 3 File #08-1 02234-00-UP I Doc. 1.0. 45651 C. The proposed amendments to the conditions of zoning approval, as set forth in Section 3 below, are in the best interest of the residents of the City because they are consistent with, and substantially implement, the following comprehensive plan goal and policy by allowing development of the site in phases as a commerciaV residential mixed-use development in a village setting: LUG6 Transform Community Business areas into vital, attractive, mixed-use areas that appeal to pedestrians and motorists and enhance the community's image. LUP40 Encourage transformation of Pacific Highway (SR-99) Community Business corridor into a quality mixed-use retail area. Retail development along the corridor, exclusive of the City Center, should be designed to integrate auto, pedestrian, and transit circulation. Integration of public amenities and open space into retail and office development should also be encouraged. Section 3. Conditions of Approval. The request to change the comprehensive plan designation and zoning of approximately 46 acres located south of South 336th Street and west of Pacific Highway South from Business Park (BP) to Community Business (BC) and Multi-Family (RM 2400), with approximately 19 acres to be designated Community Business (BC) and approximately 27 acres to be designated Multi- Family (RM 2400), shall be approved based on the following conditions, as amended: 1. Prior to construction of any new buildings, a single Master Plan for the entire Multi-Family (RM 2400) and Community Business (BC) zoned site shall be submitted to and approved by the City. Application for critical area intrusions as applicable is also required in conjunction with master plan review. A project action State Environmental Policy Act (SEPA) review shall also be conducted in conjunction with master plan and critical area review. Subsequent to Master Plan approval, building design and minor modifications to the site plan shall be reviewed via a Process II, Site Plan Review. For the purposes of the Master Plan, the subject site is comprised of the following parcels: 202104-9069, 202104-9070,202104-9001,202104-9090, 202104-9086, 202104-9080, 202104-9072, and 202104-9004. 2. The Master Plan shall be developed with a cohesive and integrated design that promotes the following: a. Pedestrian scale, and pedestrian orientation and massing of buildings. b. Site-wide pedestrian connectivity. c. Building massing shall be designed to avoid large expanses of parking areas adjacent to and/or visible from the public right-of-ways. On-site parking shall not be allowed between buildings and Ord# , Page 4 File #08-102234-00-UP I Doc. 1.0. 45651 public right-of-ways, except the Director of Community Development Services may approve one double- loaded parking row between a building and right-of-way due to extenuating circumstances. d. The appearance of strip commercial development shall be minimized by breaking large linear buildings into numerous smaller buildings. e. The commercial portion of the site may include a maximum of two primary anchor buildings. These anchors shall not exceed 140,000 square feet of gross floor area, excluding integrated structured parking. The maximum footprint of anyone anchor shall not exceed 80,000 square feet. Anchor facades shall not exceed a width to depth ratio of 1.25: 1. f. Commercial mixed use buildings should not exceed 30,000 square feet of building footprint (excluding integrated structured parking) and shall not exceed a width to depth ratio of 1.5: I. g. Commercial/ residential mixed use buildings should not exceed 12,000 square feet of building footprint (excluding integrated structured parking) and shall not exceed a width to depth ratio of 2:1. h. Non-anchor, non-mixed use buildings should not exceed 10,000 square feet of building footprint. The Director of Community Development Services may approve a maximum of two, non- anchor, non-mixed use buildings in excess of 10,000 square feet, up to a maximum of 20,000 square feet each, when the applicant demonstrates the following: (i) The additional square footage is necessary to accommodate the needs of a specific tenant. (ii) The facades of the structure include significant structural modulation equal to at least ten percent of the length of the subject fa~ade. (iii) The overall design of the building is consistent with the pedestrian scale and integrated design of the overall site. (iv) Non-anchor, non-mixed use facades shall not exceed a width to depth ratio of 2: I. I. Primary commercial building entries shall be clearly visible and recognizable from the public right-of-ways; or active building facades, including windows and pedestrian scale design amenities such as screening, plazas, or art features such as trellises, artwork, murals, landscaping or combinations thereof, shall be required fronting the right-of-way. J. On-street parallel parking is encouraged where feasible. k. A minimum of five percent of the gross land area of the commercial portion of the site shall be pedestrian oriented open space. There shall be one primary pedestrian gathering focal point, and additional supporting pedestrian oriented gathering locations distributed proportionally throughout the commercial portion of the site. Open space areas and plazas shall include seating, landscaping, art, ornamentation, pedestrian scale lighting, water features, and outdoor dining. Ord# , Page 5 File #08-1 02234-OO-UP I Doc. 1.0. 45651 I. Vehicular service stations are not permitted. Fuel pump stations are only permitted when accessory to an anchor tenant. Any approved fuel pump station shall not be oriented to the public right-of- way, and shall not exceed two fuel islands with a total of up to eight vehicular fueling positions. 3. Development of the site shall include design, construction, and dedication of the following public roadways in accordance with appropriate FWCC street sections: a. 13th Place South from South 336th Street to the south property line; b. South 340th Street from Pacific Highway South to the intersection of 13lh Place South extended; c. A roadway connecting from South 336th Street through the residential area, connecting to 13th Place South extended. These public roadways are necessary to serve the proposed development and shall be constructed as outlined below. Additional conditions (on-site and off-site) intended to mitigate significant adverse environmental impacts may be required as determined through the SEP A process and will be applied to any proposed project in the future. &.- Prior to occupancy of any residential building on the site, South 340th Street from Pacific Highway South to the intersection of 13th Place South extended, and the roadway '.vithin the residential area connecting to South 336th Street, shall be constructed to meet all applicable standards. Traffic calming devices such as speed humps, speed tables, traffic circles, chicanes, curb extensions, signs, pavement markings, or other calming devices as approved by the Public Works Director shall be incorporated '.vithin the residential road\vay. Signal modifications at Pacific Highway South and South ~th Street intersection may be required to provide safe access. Alternatively, the developer may construct the extension of 13th Place South from South 336th Street to its intersection with the proposed residential road as a traffic circle. This would eliminate the need f{)r tbe cOflstructiofl of Soutb 340th Street from Pacific HiglrNay South to tbe intersection of 13th Place South extended, and the segment of 13th Place South between South 340th Street and the intersection of the residential roadway (traffic circle). a. Prior to occupancy of any residential building on lots 1-34, the segment of Roadway A from the southern lot line of Lot 34 northward to South 3361h Street, as set forth in Exhibit A attached hereto, shall be constructed to meet all applicable standards, including a temporary cul-de-sac if necessary. Traffic calming devices such as speed humps, speed tables, traffic circles, chicanes, curb extensions, signs, pavement markings, or other calming devices as approved bv the Public Works Director shall be incorporated within the residential roadway. b. Prior to occupancy of any residential building on lots 35-95, South 340th Street from Pacific Highway South to the intersection of 13th Place South extended, and Road C from the intersection of 13lh Ord# , Page 6 File #08-1 02234-00-UP I Doc. J.D. 45651 Place South extended westward to the intersection with Road. A. as set forth in Exhibit B attached hereto. shall be constructed to meet all applicable standards. In addition. the segment of Road A from the southern lot line of Lot 34 southward to the intersection with Road B shall be constructed to meet all applicable standards. including a temporary cul-de-sac if necessary. Traffic calming devices such as speed humps. speed tables. traffic circles. chicanes. curb extensions. signs. pavement markings. or other calming devices as approved by the Public Works Director shall be incorporated within the residential roadways. Signal modifications at Pacific Highway South and South 340th Street intersection shall be required to provide safe access. lr. Prior to ocoupancy of any commercial building, IJIIl Plaoe South from South 33611l Street to the south property line, and South 3401ll Street from Pacific Highway South to the intersection of IJIIl Place SmIth extonded, shall be constructed to all applicable standards. l\. new traffic signal (Smith 33611l Street & 1311l Place South) and/or signal modifioations (Pacific High'Nay South & South 310th Street) may be required as determined through the SEP.^. process. c. The Public Works Director shall review and approve the construction phasing for the required street infrastructure associated with the commercial phase of development. Improvements required include: 13th Place South. from South 336th Street to the south property line: South 340th Street. from Pacific Highway. to the intersection of 13th Place South extended (to all applicable standards): and modifications to the signal at the intersection of South 340th Street and Pacific Highway South (SR 99). 4. All new public streets shall include traffic calming features. 5. Uses other than multi-unit housing and day care facilities that are otherwise permitted in the RM zone are not allowed. 6. The multi-family portion of the site, west of Wetland No.2, shall be accessed from one location along South 336th Street and shall include a public roadway connecting through the residential area, across the existing berm of Wetland No.2, and connecting to 13th Place South extended. 7. No more than one anchor building, or a maximum of 80,000 square feet of commercial building area, may receive a Certificate of Occupancy on the site without the prior construction of a minimum of 75 residential units. 8. The residential area shall be designed to minimize reception of potential noise impacts from adjacent nonresidential uses. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Ord# . Page 7 File #08-1 02234-00-UP I Doc. 1.0. 45651 Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section ~ 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section &: 7. 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 ApPROVED AS TO FORM: City Attorney, Patricia A. 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'J &~ '~o , "" oj\\J -i(j:\ ~~:- \.. ~\~..\ 1;.\f\~ "?o"'-o -., , STAFF REPORT TO THE PLANNING COMISSION DATED JUNE 4, 2008 (FOR JUNE 18, 2008 PUBLIC HEARING) MEMORANDUM ,... . June 4, 2008 To: Merle Pfeifer, Chair, Federal Way Planning Commission FROM: Greg Fewins, Director of Community Development Services Isaac Conlen, Planning Manager - Janet Shull, AICP, Senior Planner # SUBJECT: Request to Amend the Rezone Conditions for Federal Way Village (aka Kitts Corner)- Federal Way Files: 08-102234-00-UP, 05-101205-00-UP, & 05-10 1207-00-SE MEETING DATE: June 18,2008 I. BACKGROUND The Federal Way Village project is a proposed mixed-use development located at the southwest corner of the intersection of Pacific Highway South and South 3361h Street. The project site is approximately 45 acres in size. The eastern half of the site, adjacent to Pacific Highway South, is designated Community Business (BC) and a mixed-use commercial, office, and residential development is proposed for this area. The western half of the site is designated Multifamily Residential (RM 2400) and a 95-lot, zero-lot line townhouse development is proposed for this portion of the site. The Federal Way Village (originally known as Kitts Corner) rezone request was originally submitted in April 1999. It was reviewed as part of the 2001 Comprehensive Plan Amendments. In November 200 I, the LUTC gave direction that a development agreement be prepared for the site. In September 2004, the applicant submitted an application for approval of a development agreement and associated plan. In March 2005, the City initiated a legislative comprehensive plan amendment and conditional rezone for the Kitts Comer site. The comprehensive plan amendment and conditional rezone were approved per Ordinance 05-490 on June 7,2005, which outlined the conditions of approval (Exhibit I). On June 19,2007, Ordinance 07-556 was adopted which amended certain conditions of Ordinance 05-490 pertaining to commercial development within the BC-zoned portion of the overall site (Exhibit 2). On February 16,2008, the City of Federal Way SEPA Responsible Official issued a Mitigated Determination of Significance (MONS) for the Federal Way Village Project. On April 30, 2008, the City of Federal Way Hearing Examiner issued a recommendation of approval with conditions for a Process IV request for filling of two small wetlands and buffer averaging for two wetlands on the subject site. On April 30, 2008, the City of Federal Way Hearing Examiner issued a Recommendation of . Approval with Conditions for the Federal Way Village Preliminary Plat At the time of this writing, the preliminary plat is scheduled for the June 17,2008, City Council meeting. ,... - On May 5, 2008, the City of Federal Way received a letter from Jon Potter representing the Federal Way Village LLC, requesting that the City consider al1l~dments to the conditions established by Ordinance 05-490, as amended by Ordinance 07-556, to allow for the phased construction of required public right-of-way serving the overall Federal Way Village development. II. SUMMARY -~ File Number: 08-102234-00-AI)"- - Parcel Numbers, Owners, & Acreage: Table I Number Parcel No. Owner Acres I 202104-9069 2 202104-9070 3 202104-900 1 4 202104-9090 5 202104-9086 6 202104-9080 7 202104-9072 8 202104-9004 TOTAL Kitts Comer LLC Campus Gateway Associates Jean Merlino Curtis & Elizabeth Nelson Horan RfE Investments Inc. Ralph Jones Chase WJ Trust Wayne B. Knight 1.03 acres 21.79 acres 8.87 acres 0.52 acres 0.17 acres 1.5 acres 7.75 acres 4.44 acres 44.57 acres Location: South of South 336lb Street and west of Pacific Highway South. Size: The overall site is 44.57 acres in size. Applicant: Jon Potter, representing Federal Way Village, LLC Request: To amend rezone conditions contained in Ordinance 07-556 (amending Ordinance 05-490) to allow for phased construction of required public right-of- way within the Federal Way Village site. Comprehensive Plan: Community Business and Multifamily Residential Existing Zoning: Community Business (BC) and Multifamily Residential (RM 2400, minimum 2400 square feet lot area per unit) with conditions as outlined in Ordinance 05- 490 and as amended by Ordinance 07-556. III. REASON FOR THE REQUEST As stated in the May 5, 2008, correspondence from the applicant, Jon Potter, amending conditions related to required roadways of Ordinance 05-490 (amended by Ordinance 07-556) would allow for the phasing of the infrastructure commensurate with the phasing of the townhouse and mixed Request to Amend Rezone Conditions for Federal Way Village Planning Commission Memorandum File #08-102234-00-UP I Doc. to. 45524 Page 2 ~.. use commercial development. As requested, the amendment would provide for greater flexibility in buildout of the site and response to changing real estate market conditions. The overall internal roadway requirements are not changed by the request, only the timing of cOhstrUction. IV. REASON FOR PLANNING COMMISSION ACTION ,~ Federal Way City Code (FWCC) Chapter 22, Article IX, "Process VI Re.view," establishes a process and criteria for approving;.and amending legislative rezones. Consi~ with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the request for amendments to the conditions of approval of the legislative rezone; 2. To determine whether the proposed amendments meet the criteria provided by FWCC Section 22-525; and, 3. To forward a recommendation to the City Council regarding adoption of the proposed amendments. V. PROCEDURAL SUMMARY June 18, 2008 Planning Commission Public Hearing July 7,2008 Land Use Transportation Committee (LUTC) Public Meeting July 15,2008 City Council First Reading of Ordinance August 5, 2008 City Council Second Reading of Ordinance VI. SITE CHARACTERISTICS 1. Neighborhood Characteristics The site is presently vacant, except for parcel 2020 14-9086 on which Horan Realty (a real estate office building) is located and parcel 202104-9090 (Nelson) on which an automotive business is operated. In addition, a City-controlled regional detention pond (South 336th Regional Stormwater Facility) is located on the western portion of parcel 202104-9004 (Knight). Uses to the north across South 336th Street are a mix of retail, office, church, and restaurants. To the south is vacant land. To the east across Pacific Highway South, moving from north to south, are small retail establishments, vacant property, a bank, Pacifica Park Office Building, and Canopy World. In addition, Walt's Automotive is located on the triangular piece of property between Pacific Highway South and 16th Avenue South. To the west, moving from north to south, are Mitchell Place (a senior housing development) and industrial uses, including Frito Lay. Request to Amend Rezone Conditions for Federal Way Village Planning Commission Memorandum File #08-102234..o0-UP I Doc, LO,45524 Page 3 2. Availability of Utilities :--..- . Sanitary Sewer: Located within the Lakehaven Utility District. Sewer facilities will need to be extended to serve the site. There is adequate sewer capacity at this time. Public Water: Located within the Lakehaven Utility District. Water facilities will need to be extended to serve the site. There is adequate water capacity at this time. .~ Storm Drainage: Site is located in the West Hylebos Creek Sub-Basin:-mvelopment on the site will be permitted to tie into the South 336'" Regional Storm water Facility. 3. Availability of Public Services Police: Provided by City of Federal Way Schools: Provided by Federal Way School District Fire/Emergency Medical: Provided by South King Fire and Rescue 4. Critical Areas A Class II Wetland is located on the west central portions of parcel 202104-9070 (Campus Gateway) and parcel 202104-900 I (Merlino), and on the northern portion of parcel 202104- 9072 (Chase NW Trust). A branch of the Hylebos Stream flows southwards through the wetlands. Class II Wetlands have 100-foot setbacks. The on-site stream also has a 100-foot buffer. The stream buffer is either contained within the existing wetland buffers or flows through the regional detention pond located on the western portion of parcel 202104-9004 (Knight). There are also two smaller wetlands located on the Campus Gateway and Merlino parcels. The City entered into a June 17, 1996, Settlement Agreement and Covenant with the property owners that stated that once all permit fees were paid and the development application was in compliance with all applicable laws and codes, these smaller parcels could be filled because mitigation for their filling was already built into the mitigation plan for the overall project and construction of the South 336th Regional Stormwater Detention Facility. The applicant has been granted Process IV Hearing Examiner Approval (April 30, 2008, Hearing Examiner Decision) for the filling of Wetlands 3 and 4 and for buffer averaging of Wetlands 1 and 2 to accommodate infrastructure, lot development, and open space trail network associated with the Federal Way Village project. 5. Drainage The site is located in the West Hylebos Creek Sub-Basin. Since more than 5,000 square feet of impervious surfaces would be created with development of the site, surface water runoff and treatment would be required per the 1998 King County Surface Water Design Manual (KCSWDM), the Federal Way Addendum to the KCSWD, and any conditions stipulated in the settlement agreement and covenant entered into between the City and the property owners. The site falls within a Level I Flow Control Area; thus, the applicant must design the flow control facility to meet these performance criteria. Request to Amend Rezone Conditions for Federal Way Village Planning Commission Memorandum File #08-102234-OO-UP I Doc. I.D. 45524 Page 4 6. Access :"""- , Proposed access to the site isrrom South 3361h Street, a principal arteria110cated to the north of the site, and Pacific Highway South, also a principal arterial, located to the east. # As part of the development of the site, 13th Place South will be extended southward from South 336th Street through the site and South 3401h Street will be extended westward from Pacific Highway South through the site. An east/west access to the pr<i'posed.commercial mixed use portion of the site is'also required between South 336th and ~ 340th Streets. A north/south roadway (Roadway A) is required to serve the zero-lot line townhouse development on the eastern half of the site, and this roadway will connect with the South 340th Street extension through the commercial portion of the site to Pacific Highway South. 7. Potential Traffic Impacts Traffic impacts for the Federal Way Village development were analyzed in the applicant's Traffic Impact Analysis report and were reviewed by Public Works staff. A Mitigated Determination of Non significance (MDNS) was issued in February 2008 that establishes specific conditions of development to address the identified traffic impacts. The conditions of the MDNS address the potential phasing of right-of-way construction that is being proposed by the applicant. VII. PROPOSED AMENDMENTS TO THE REZONE CONDITIONS The following are those rezone conditions related to construction of public roadways within the Federal Way Village site. The changes related to the applicant's requested amendments are shown as strikeout (proposed deletions) and underline (proposed additions) (Exhibit 4). 3. Development of the site shall include design, construction, and dedication of the following public roadways in accordance with appropriate FWCC street sections: a. 13th Place South from South 336th Street to the south property line; b. South 340th Street from Pacific Highway South to the intersection of 13th Place South extended; c. A roadway connecting from South 336th Street through the residential area, connecting to 13th Place South extended. These public roadways are necessary to serve the proposed development and shall be constructed as outlined below. Additional conditions (on-site and off-site) intended to mitigate significant adverse environmental impacts may be required as determined through the SEPA process and will be applied to any proposed project in the future. &;- Prior to oceupaney of any residential building on the site, South 3 40th Street from P-aeifie Higlr.'/ay South to the intersection of 13th Plaee South extended, aHd the road'Nay within the residential area cORflectiag to South 336th Street, shall be constructed to meet all applicable standards. Trame calming de'/ices such as speed humps, speed tables, traffic circles, e!:lioaHes, curb extensions, sigas, pa'/cment markiags, or other calming de....ices as appr-o'led by the Public Works Director shall be incorporated within the residential madway. Sigaal modificatiofls at Pacific High.....'8)' South and South 340th Street interseetion may be required to provide safe access. Request to Amend Rezone Conditions for Federal Way Village Planning Commission Memorandum File #08-102234-OO-UP I Doc. LD. 45524 Page 5 '- . Alternatively, the devwoper may construct the ext~f!S.ion of 13lk Plaoo South from South 336lk Street to its intersection '....ith the proposed residential road as a traffic cirole. This viould eliminate the need for the construction of South 310lk Street from Pacific Highway South to the intersection of 13lk Place South extended, and the segment of 13lk Place South between South 3101ft Street and the intersection of the residential roadway (traffic circle). a. Prior to occupancy of any residential building on lots 1-34, tlw segment of Roadway A from the southern lot line of Lot. 34 northward to South 336th Street:1ls set forth in Exhibit A attached hereto, shall be constructed to meet all applicable standards, inchi<1'iOi! a temporary cul- de-sac if necessary. Traffic calming devices such as speed humps, speed tables, traffic circles, chicanes, curb extensions, signs, pavement markings, or other calming devices as approved by the Public Works Director shall be incorporated within the residential roadway. b. Prior to occupancy of any commercial building, 131ft Place South from South 33alft Street to the south property line, and South 310lk Street from Pacific Highway South to the intersection of 13t1t Place South extended, shall be constructed to all applicable standards. .^. new traffic signal (South 336lk Street & 131ft Place South) and/or signal modifications (Pacific Highway South & South 310lk Street) may be required as determined through the SEPA process. b. Prior to occupancy of any residential building on lots 35-95, South 340th Street from Pacific Highway South to the intersection of 13th Place South extended, and Road C from the intersection of 13th Place South extended westward to the intersection with Road. A as set forth in Exhibit B attached hereto, shall be constructed to meet all applicable standards. In addition, the segment of Road A from the southern lot line of Lot 34 southward to the intersection with Road B. as set forth in Exhibit B attached hereto, shall be constructed to meet all applicable standards, including a temporary cul-de-sac if necessary. Traffic calming devices such as speed humps, speed tables, traffic circles, chicanes, curb extensions, si~s, pavement markings, or other calming devices as approved by the Public Works Director shall be incorporated within the residential roadways. Signal modifications at Pacific Highway South and South 340th Street intersection shall be required to provide safe access. c. The Public Works Director shall review and approve the construction phasing for the required street infrastructure associated with the commercial phase of development. Improvements required include: 13th Place South from South 336th Street to the south property line~ South 340'h Street from Pacific Highway to the intersection of 13th Place South extended (to all applicable standards)~ and modifications to the signal at the intersection of South 340th Street and Pacific Highway South (SR 99). ~ VIII. STAFF ANALYSIS AND FINDINGS 1. The proposed amendments to the conditions outlined in Ordinance 07-556 (amending Ordinance 05-490) relating to required roadway construction would affect the phasing of construction only. The proposed amendments will not result in changes to the design or overall buildout of the required public roadway network. 2. Adoption of the proposed amendments to Ordinance 07-556 will permit development of the master plan in phases, which will allow the applicant to better respond to changes in local real estate market conditions. Request to Amend Rezone Conditions for Federal Way Village Planning Commission Memorandum File #08-102234-OO-UP I Doc. I.D. 45524 Page 6 :--.... - 3. The intent of the original rezone conditions as outlined in Ordinance 05-490 was to develop an internal roadway network that would be adequate to serve the anticipated"buildout of the entire site per the proposed master plan. The phasing of construction of the required public roadway network as proposed by the amendments would still meet the intent of the original conditions. .~ IX. COMPLIANCE WITH FWCC SECTION 22-526 Criteria for approving a legislative rezone: The City may decide to approve a legislative rezone only if it finds that: (1) The proposal is consistent with the comprehensive plan. The proposal changes only relate to the phasing of roadway development. The design and buildout of the required network is consistent with the comprehensive plan transportation element. (2) The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed amendments bear a substantial relationship to public health, safety, or welfare because they comply with the vision of the comprehensive plan by: · Being more responsive to fluctuating real estate market conditions by allowing construction of the master plan in a series of more economically- feasible phases where infrastructure costs of the project can be spread out more equitably. Without the proposed amendment, the first phases of development will need to support the majority of the roadway construction costs for the overall project. (3) The proposed amendment is in the best interest of the residents of the city. The proposed amendments are in the best interest of the residents of the City because they comply with the following comprehensive plan goal and policy by proposing commerciaV residential mixed-use development in a village setting: LUG6 Transform Community Business areas into vital, attractive, mixed-use areas that appeal to pedestrians and motorists and enhance the community's image. LUP39 Encourage transformation of Pacific Highway (SR-99) Community Business corridor into a quality mixed-use retail area. Retail development along the corridor, exclusive of the City Center, should be designed to integrate auto, pedestrian, and transit circulation. Integration of public amenities and open space into retail and office development should also be encouraged. Request to Amend Rezone Conditions for Federal Way Village Planning Commission Memorandum File #08-102234-OO-UP I Doc.I.D.45524 Page 7 x. ST AFF RECOMMENDATION Staff recommends approval of the amendments to the conditions of the legislative rezone as requested by the applicant and shown in Exhibit 4 and Section VII ofthis staff report. ~ XI. PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed amendments to the conditions of the legislative rezone: I Recommend to City Council adoption of the amendments as proposed; 2. Recommend to City Council that the proposed amendments not be adopted; 3. Forward the proposed amendments to City Council without a recommendation; or 4. Modify the proposed amendments and recommend to City Council adoption of the amendment as modified. LIST OF EXHIBITS Exhibit I Exhibit 2 Exhibit 3 Exhibit 4 Adopted Ordinance 05-490 Adopted Ordinance 07-556, which Amended Ordinance 05-490 May 5,2008, Correspondence from Jon Potter Draft Ordinance with Applicant's Requested Amendments , Request to Amend Rezone Conditions for Federal Way Village Planning Commission Memorandum File #08-102~4-oo'UP I Doc.I.D. 45524 Page 8 ORDINANCE NO. 05-490 ~ ,. ~ - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN, APPROVING A CHANGE IN COMPREHENSIVE PLAN DESIGNATION AND ZONING OF APPROXIMA TEL Y 46 ACRES LOCATED SOUTH OF SOUTH 336TH STREET AND WEST OF PACIFIC HIGHWAY SOUTH FROM BUSINESS PARK (UP) TO COMMUNITLBlISIN~S (BC) AND MULTI-FAMILY &M 24(0), BASED ON SPECU.'(C CONQJI[ONS (AMENDING ORDINANCE NO'S. 90-43, 95-248, 96~270, 98-330, 00-372, 01-4U5, 03- 442. 04-460, 04-461. 04-462). ..--.. .~ WHEREAS. the Growth Management Act of 1990. as amended. (Chapter 36.70A RCW or <<GMA") requires the City of Federal Way to adopt a comprehensive plan which includes a land use dement (including a land use map), bousing element. capital facilities plan element, utilities element. and lran:;porlation clement (including transportation system mapIs)); and WHEREAS. the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan: and WHEREAS. the Federal Way City Council adopted its comprehensive plan with land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map unplementing 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 J. 2001. March 27, 2003, and July 20.2004; and WHEREAS, the City may consider Plan and development regulation amendments pursuant to Article IX. Chapter 22 of the Federal Way City Code (FWCC); and WHEREAS. under RCW 36. 70A.130. the Plan and development regulation~ are subject to continuing review and evaluation, but the Plan may be amended no more than one time per year; and WHEREAS. the Council shall be considering three separate actions to amend the comprehensi ve plan. all of which will be acted upon simultaneously in order to comply with RCW 36.70A.130; and WHEREAS. dIese actions include Ordinance No. 05-492. amendments to Chapter 5. "Housing." of dIe Federal Way Comprehensive Plan; and ORO 1#05-4(X). P^GE I ORt GfNAL EXHIBlT___' " . .~ WHEREAS. these actions include Ordinance No. 05-491. approving a change in comprehensive plan designation and zoning of 4.03 acres located north of South J 121lt Street and east of l>f A venue South trom Professional Office (PO) to Neighborhood Business (BN). based on specitic conditiolllj as contained ill OrdinanCe No. 05-491 ; and WHEREAS, these actions include Ordinance No. 05-490. approving a change in comprehensive plan designation and zoning of approximately 46 ,teres located south of South 336th Street and west of Pacific Highway South from Busine.'iS Park (BP) to Community Busine.'is (BC) and Multi-Fainily (RM 240{)), based on specific conditions a.'i contained jll Ordinance No. 05 -490; and WHEREAS. as a re.')ult of this action. approximately 19 acre.'i east of a dividing line would he d<-~ignated COl1imunity Business (BC) and approximately 21 acres west of a dividing line would be de."ignatcd Multi- Emtily (RM 2400); l:he dividing line described a.\ a line extending southwards from the South 336'" Street right-of-way, said line which follows the ca<;tern buffer of Wetland No.2 as shown in the Settlement Agreement and Covenant recorded under Recording No. 9704211043 to a point approximately 351 feet north of the south property line of Parcel No. 202104-9004. at which point said line follows the middle of the I Jlh Place South extended right-of-way to the south property line (If Parcel No. 202104-9004; and WHEREAS. in April /999. the City of Federal Way accepted a request from four property owners (Campus Gateway, Merlino. Cha'ie WN Trust, and Wright) to change the comprehensive plan and zoning of approximately 42 acres located south of South 336u, Street and west of Pacific Highway South, thereafter known as the Kitts Comer request; and WHEREAS, in June 1999. dIe City Council determined that the request shou Id be analyzed further and added the Kills Corner LLC, Nellion. Carson. Jones, and Slisco parcels [0 the Campus Gateway, Merlino, Cha~e WN Trust. and Wright properties for a total of 46.12 acres; and WHEREAS. in July 2001. the City's SEPA Responsible Official issued a Detennination of Nonsignificance on the 2001 comprehensive plan amendment 'i. which included Kitto; Corner; and ORO #05490. P.\GE ~ "- " ~ ~ WHEREAS. in August 2001. the applicant withdrew the request for a Multi-family comprehensive plan designation and RM zoning for the area we!>t oflhe on-site wetland (Wetland NO.2 as shown III the Settlement Agreement and Covenant recorded under Recording No. 970421 1(43); and ,~ WHEREAS. ill September 2001. the.applicantsubmiued a new application lor a co~hensive plan designation of Multi-Family and zoning of RM 2400 for the area west of Wetland No_ 2; and WHEREAS. in November 2001, the City of Federal Way's Land UselTransportation Committee gave direction that a development agreement and development plan be prepared for Kitts Corner. ea:>t of Wetland No.2; and WHEREAS, m March 2003, per Ordinance No. 03-442. the City of Federal Way adopted a comprehensive plan designation and zoning of Multi-Family and RM 2400 lor the area west of Wetland No.2. based on it being included in the overall Kitts Comer development agreement and development plan; and WHEREAS. in September 2004, the applicant suhmirte<f an application for approval of a development agreement and development plan for Kitts Comer; and WHEREAS, in March 2005. a SEPA Addendum wa." issued for Kitts Corner; and WHEREAS, in March 2005. the City infonned the applicanl thUt they were initiating a legislative comprehensive plan amendment and conditional rezone; and WHEREAS, the proposed Kitts Corner legislative comprehensive plan amendments and conditional rezone address aU of the goals and requirement" set fOlth in the GMA; and WHEREAS. the City of Federal Way, through its staff. Planning Commililiion, City Council committees. and full City Council has received, di:-;cussed, and considered the testimony, written COllllllents. and material from the public, as follows: I. On September 19. 200 I. the City's Planning Commission considered the Kitts Comer request for a comprehensive plan designation of Community Business and zoning of BC, based on a development agreement for dIe area east of Wetland No.2; ORO 1#05.490, rAGE 3 "-- F 2. On November 6 and November 20, 2002, the City's Planning Conull.ission considered the Kitts Comer request for a comprehensive plan designation of Multi -Family and zoning of RM 2400 for the area wcst of Wetland No.2, based on its inclusion in the development agreement and development plan to be prepared for the site; 3. On May 2, 2005, the Land Usdrransportation Committee of the Federal ~ity Council considered the reque.<;t to change the comprehensive plan d~ignation and zoning of apprOltimately 46 acres located south of South 336<11 Street and west of Pacific Highway South from Business Park (BP) to Conununity Business (BC) and Multi-Family (RM 2400). with approximately 18 acres located east of the 13'" Place South extended right-of-way to be designated Community Business (BC) and approximately 28 acres located west of the 131h Place South extended right-llf- way to be designated Multi-Family (RM 2400), based on conditions recommended by 'Starr. following which it recommended adoption of the staff recommendations; 4. On May 17, 2(KI5, the full City Council considered the request to change the comprehensive plan designation and zoning of approximately 46 acres located south of South 336m Street and west of Pacitic Highway South from Business Parle (Hi>) to Community Business (Be) and Multi-Family (RM 2400). At that time based on a request by the applicant, the Council considered a modi lIed request to allow approximately 19 acres located east of a line extending southwards from the South 336'" Street right-of-way, said line following the easrcm buffer of Wetland No.2 as shown in the Settlement Agreement and Covenant recorded under Recording No. 9704211043 to a point approximately 351 feet north of the south property line of Parcel No. 202104-9004. at which point said line follows the middle of the 13'" Place South extended right-oF-way to the south property line of P<trcel No. 202104-9004 to be desib'TIatcd Community Business (Be) and 31lproxuuately 27 acres located west of this line to be designated Multi-Family (RM 2400); and 5. On June 7. 2005, the futl City Council again considered the matter at its meeting; and WHEREJ\S, the City Council desires to approve the change in comprehensive plan designation and zoning of approximately 46 acre:> located south of South 336'" Street: and west of Pacific Highway South from Business Park (BP) to Community Business (BC) and Multi-Family (RM 24(0), ba.~ed on spcci lic condi tions as contained in Section 2 of this ordinance. Now. THEREFORE. the City Council of the City of Federal Way, Washington, does herehy ordain as follows: OKD #OS.-NO. PACE 4 ~ Section I. Finding~. A. The proposed amcndmems to the compn.:hcnsivc plan map. a.~ set forth in ExhibIt ^ attached hereto. to change the comprehensive plan designation and zoning of approxunately 46 acres located south of South 336'" Street and west of Pacific Highway South from Business Park (BP) to COl1Unu~ity BUSiness (Be, and Multi-Family (RM 2400). based on~9'1ditionsof approval sct forth in Section "2.hl:./.Q;w will allow development of the site in response to market conditions and the Council's vision for development of the site, while providing for transportation facilities to serve the site and improving circulation in the vicinity. and therefore bears a substantial relationship to public health. sakty. and welfare; are io the best interest uf' the residents of the City; and arc consistent with thc requirements of RCW 36.70A. the King County Countywide Planning Policies. and the unamended portion (If the Plan. B. The proposed amendment.. to the comprehensive plan map. a.o; set t<lrth in Exhibit A auached hereto, are compatible with adjacent land Use... and will not negatively affcct open space, streams, lakes. or wetlands. or the physical environment in g~neraJ. They will allow for growth and development consistent with the Plan's overall vision and with the Plan's land use element household and job projection~. and will allow reasonable use of property subject to constraints necessary to protect environmentally sensitive area:-.. They therefore bear a substantial relationship to public health. safety. and welfare: are in the best interest of the residents of the City; and are consistent with the requirement.. of RCW 36.70A. the King County Countywide Planning Policies, and the unamended portion of the Plan. e. The proposed amendments to the Zoning Map. set forth in Exhibit B attached hereto. are consistent with the applicable provisions of the comprehensive plan and the comprehensive plan land use map proposed to be amended in Section J below. bear a substantial relation to public health. safety. and welfare. and are in the best interest of the residents of the City. Section 2. Conditions of Approval. The request to change the comprehensive plan designation and zoning of app~(Iximately 46 acres located south of South 336'~ Street and west of Pacific Highway South from ORD #05-490. I''''GF. 5 ~- ~ Business Park (BI') to Community Busine5siB~) and Multi-Family (RM 24~J: with approx...imatc,;ly 19 acres to be desit,'llated Community Business (Be) and approximately 27 acres to be designated Multi -FamIly (RM 24{)()). shall be approved bw;ed on the to!lowi!lg conditions: I. Prior to construction of any new buildings, a single Master Plan tOr the entire Multi- - Family (RM 24(0) and Community Busincss-(BC) zoned site shall be submitted to and app~ by the City. Application for critical area intrusion:; as applicable is also required in conjunction with master plan review. A project action State Environmental Policy Act (SEPA) l'Cview shall abo be conducted in conjunction with 1lla."lCr plan and critical area review. Subsequent to Master Plan approval. building design and minor modifications to the site plan shall be reviewed via a Procel'S U, Site Plan Review. For the purposes of the Master Plan, the subject site is comprised of the following parcels: 202104-9069,202104-9070,202104-900 I, 202104-9090.202104-9086,202104-9080.202104-9072, and 202104-9004. 2. Thc Master Plan shall be developed with a cohesive and integrated design that promotes the loll owing: a. Pedestrian scale. and pedestrian orientation and massing of uuildings. b. Site-wide pedestrian conncctivity. c. Building massing shaH be designed to avoid large expanses (If parking anAL'; au.;accnt to andlor visible from the public right-of-ways. On-site parking shall not be allowed between buildings and public right-of-ways. except the Director of Community Development Services may approve one doublc- loaded parking row between a building and right-of-way due to extenuating circumstances. d. The appearance of strip commercial development shall be minimized by hrcaking large linear buildings into numerous smaller buildings. e. The commercial portion of the site may include a maximum of two Plimary anchor buildings. The individual .mchor buildings are permitted a maximum 50,O{){) square feet of building footprint, and the total gross floor area of all anchors shall not exceed 100,000 square feet of gross Uoor area. Anchor facades shall not ex<..'ccd a width to depth ratio of 1.5: I. f. Non-anchor buildings should not exeeed 10.000 square feet of building I<Iotprint. The Director of Community Development Services may approve a maximum of two. non-anchor buildings ill excess of IO,OO(} square feet of building footprint. up to a max.imum of 20,(J{)O square feet of huilding footprint each, when the applicant demonstrates the following: (i) The additional square footage is necessary to accommodate the needs (If a specific tenant. ORD #05-490, p^GF. 6 "- , (ii) The facades of the structure include significant .slruclUral modulation equal to at lea:-;l ten percent of the length of the subject fa~aae~ (iii) 11le overall de..'iign of the building is consistent with the pedestrian scale and integrated design of the overall site. (iv) Non-anchor facades shall not exceed a width to depth ratio of 2: I. _ g. Primary commercialJ.lui Iding entries shall be clearly visible atlQfeCognizalile from the public right-of-ways; or acti ve building facades. induding window:-; and pedestrian scale de.o;ign amenities such as screening. plazas, or art features such as trellises. artwork. murals. landscaping. or combinations thereof. shall be required fronting the right-of-way. h. On-street parallel pa.'king is encouraged where fea.<;ible. 1. A minimum of five percent of the gross land arca of rhe <.."'Ommerciaj ponion of the site shalt be pedestrian-oriented open space. There shall be one primary pede....trian gathering focal point. and additional supporting pedestriatl-oriented gathering location~ disrributed proportionally throughout the commercial portion of the site. Open space area... and plazas shall include seating. landscaping. art. ornamentation. pede..striau scale lighting. water features. and outdoor dining. 1- Vehicular ~crvice stations arc not pcrmiued. fuel pump slations are only permitted when accessory (0 an anchor tenant. Any approved fuel pump station ....hall not be oriented co the public light- of-way, and shall not exceed two fuel islands with a total of up tu eight vehicular fueling pOliitions. 3. Development of the site shall include design. construction, and dedication of the following public roadway~ in accordance with appropriate FWCC .street sections: 3. I 31ll Place South from South 336rh Street to the south property line; n. South 340111 Street from Pacific Highway South to the intersection of I 31h PlaL'C South .~ extended; c. A roadway connecting fmlll South 3361h Street through the residenti.lI area. connecting to I 3d. Place South extended. These public roadways arc necessary to serve the proposed development and shall be constructed as outlined below. Additional conditions (oil-site and off-site) intended to mitigate SIgnificant adverse environmental impacts may be required a.<; determined through the SEPA process and will be applied to any proposed project in the future. a. Prior to occupancy of any residential building Oil the site. South 340'11 Street from Pacific Highway South to the intersection of 13m Place South cXlended. and the roadway within the residential area connecting to South 3361h Street. shalf be conslructed Co meec all applicable slandard~. Traffic calming OKl> #05.490. P AQ 7 ,.... , devices such as speed humps. speed tables. tcaffic circles. chicanes, curb exteru;ions. sib'll:>. pa'lCmeAt marlcings. or orher calming devices as approved by the Public Wurk:; Dlreccor shall bc inwrporated withill the resldentml roadway. Signal modificalions at Pacific Highway South and South 340't, Street intersection may be required to provide safe access_ Alternatively. rhe developer may construct the extension of I 3'" Place SJl.uih ti"Clm.5outh Hod. Street to it" intersection with the proposed residential road as a traffic circle. This would e1ir\'ltrn1fe the need for the construction of South 340lk Street from Pacific Highway South to the intersection of 131ft Place Sourh eXlended, and the segment of 131b Place South bet ween South 340lh Stn.'et and the intersection of the residcmial roadway (tmftic circle). b. Prior to occupancy of any commercial building. 13th Place South from South 3361h Street to lhe SOUdl property line. and South 340'" Street from Pacilic Highway South to the intersection of 13th Place Suuth extended. shalt be constructed to all applicable standards. A new traffic signal (South J36d. Street & 13th Place South) and/or signal moditicationli (Pacitic Highway South & South 340'" Street) lllay be required as determined through the SEPA process. 4. All new public streets shall mclude traffiC calming features. 5. Uses other than mulli -unit housing and day care facilities that arc othclwi~c permitted in lhe RM zone are not allowed. ~ 6. The multi-family portion of the site. west of Wetland No.2. shall be accessed from one location along South 336tlt Street and shall include a public roadway connecting through the residential area. acrolis the existing berm of Wetland No.2. and connecting to 13'" Place South extended. 7. No more than one anchor building. or a maximum of 75.000 square feet of commercial building area. may receive a Certificate of Occupancy on the site without the prior e(IIlSU-t1ction of a minimum of 75 residential units. 8. The re:;idential area shall be designed to minimizc reception of potential noise impacts from adjacent nonresidential uses. Section 3. Comprehensive Plan Amendment') Adoption. The /995 City of FederaL Way Comprehensive Pkm, as thereafter amended in 1998, 2000.200 I. 2003. and 2004, copies of which are on file with the Office of the City Clerk. hereby are and shall be amended a.~ ....et forth in Exhibit A attached hereto. SectitlO 4, Amendment Aurhority. The adoption of Plan amendments in Section 3 ahove is purliuaot to the authority granted by Chapters J6.70A and 35A.6J RCW. and pursuant to FWCC Section 22-541. ORoI#05-490. PAGE 8 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 6. Savings Clause. The /995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998,2000,2001,2003, and 2004 shall remain in force and effect untilthe amendments thereto become operative upon the effective date of this ordinance. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this or~ce is hereby ratified and affirmed. Section 8. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this June ,2005. 7th day of Cl1Y:Z-RAL WAY V : ~~c-- Mayor. Dean McColgan . APPROVED AS TO FORM: ~~A- City Attorney, Patricia A. Richardson FILED WITH mE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: . EFFECTIVE DATE: ORDINANCE No: 5/31/2005 6/7/2005 6/11/2005 6/16/2005 05-490 1:\2004 Comprcl1ensivc PIan\2004 Updale\City Council\2nd Reading ofOrdinance\K.ius Cornc:I" Adoption Ordinancc.docI513112OO5 3:31 PM ORD# 05-490 .PAGE9 EXHIBIT A TO ADOPTION ORDINANCE ~ ~ ~ CD i LL 'Og> ~.E .- 0 ON ~ CD ~ ::J CI) ~ o GO 0> Cll ~ en 1:1 ~ j ! ~ ~ jD~ II) g . ~ ~lI)- ~~~ 0::'60 E'tIc:... c:QII) .g QI U Q.I;) 0081:10) ~c:o- ~;X j;l.s.~el;) &! 0.. .Q a: d .. c:o~"'~ .;..; (J) CD ::l CT~ CD C C3)a: ~ =::00 (J)~O 'V 0 fI) 0(1)- o 0.'= C\I (J) ~ - ~.~ -. .. -'" ... 10;-. ~~ U ~~ ca l~ e ~ ~.g >- U ~.~ = = asal ~ n.O .. ~ I~I. I~I- t;;>!tf:! - I !. Gi '32 ~c ! ::J Q) Q) ~f':>~_ ~. Q) , () i'~i h" '6 as " ~~ . ._1 : c: E .'0 a.. = III II '- - i glL It) "I' ;: ..... ! If ,lil s&f A.,..c "tt .. ic ~o I~ 1!. it U .R ii. f! ~l o It) N o -. r'" .- ...... -.. ..... .. ... .... 1+ .lm: a.. = ~ ... '" ... ... .... '" u = &. 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SS (,., AN ORDINANCE OF THE CITY COUNCIL OF THE CITV-OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO ORDINANCE 05-490 RELATING TO THE CONDITIONS OF ZONING APPROVAL FOR KIITS CORNER (AMENDING ORDINANCE NO'S. 90-43, 95-248, 96-270, 98-330, 00- 372,01-40S,03-442,04-460,04-461,04-462,OS-490,OS-491,OS-492~ ~ -- WHEREAS, the Growth Management Act of 1990, as amended, (Chapter 36.70A RCW or "GMA U) requires the City of Federal Way to adopt a comprehensive plan which includes a land use element (including a land use ~), housing element, capital facilities plan element, utilities element, economic development element, and transportation element (including transportation system map[sJ); and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan; and WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the "Plan') on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14,2000, November 1,2001, March 27, 2003, July 20,2004 and June 16, 2005; and WHEREAS, Ordinance No. 05-490 approved a change in comprehensive plan designation and zoning of approximately 46 acres located south of South 336th Street and west of Pacific Highway South from Business Park (BP) to Community Business (BC) and Multi-Family (RM 2400), based on specific conditions as contained in said ordinance; and WHEREAS, as a result of this action, approximately 19 acres east of a dividing line would be designated Conununity Business (BC) and approximately 27 acres west of a dividing line would be designated Multi- . Family (RM 2400); the dividing line described as a line extending southwards from the South 336lh Street right-of-way, said line which follows the eastern buffer of Wetland No.2 as shown in the Settlement Agreement and Covenant recorded under Recording No. 9704211043 to a point approximately 351 feet north ORO 1# ()7-~ . PAGE I 'l\fl I'BI" C f,J'''j L . J_ ~ of the south property line of Parcel No. 202104-9004, at which point said line follows the middle of the 13d. "- - ~- Place South extended right-of-way to the south property line of Parcel No. 202104-9004; and WHEREAS, in March 2007, the City of Federal Way received a request to amend the conditions of zoning approval of the approximately 19 acres of that portion of site zoned Community Business; and WHEREAS, in July 2001, the City's SEPA Responsible Official issued a-"etermination of Nonsignificance on the 2001 comprehet;lSive plan amendments, which included Kitts Comer; and WHEREAS, in March 2005, a SEP A Addendum was issued for Ki,tts Comer now known as the Village at Federal Way; and WHEREAS, the applicant has submitted an application for a Master Plan for the site; and WHEREAS, any potential impacts associated with the amendments to the conditions of zoning approval would be analyzed through the SEP A process for the Master Plan; WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council committees, and full City Council has received, discussed, and considered the testimony, written comments, and material from the public, as follows: I. On May 2, 2007, the City's Planning Commission considered the request for a change in the conditions of zoning approval for the 19 BC-zoned parcels located east of Wetland No.2; 2. On May 21, 2007, the Land UsefTransportation Committee of the Federal Way City Council considered the request, based on conditions recommended by the Planning Commission, following which it recommended adoption of the Planning Commission's recommendations with one amendment to require the anchor facades to not exceed a width to depth ratio of 1.25: 1; 3. On June 5, 2007, the full City Council considered the request for a change in the conditions of zoning approval for the 19 BC-zoned parcels located east of Wetland No.2 at which time it adopted the Planning Commission's recommendation as amended by the LandlUse Transportation Committee.; WHEREAS, the City Council desires to approve the request for a change in the conditions of zoning approval for the 19 BC-zoned parcels located east of Wetland No.2, based on the amende~ conditions as contained in Section 2 of this ordinance. Ow # 07-$(,. , PAGE 2 Now, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as ,- follows: Section l. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed amendments to the conditions of zoning approval will protect ~nd will not adversely .~ affect the public health, safety, or welfare. c.' Section 2. Conclusions. Pursuant to FWCC Section 22-526, 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 for adoption of the amendments to the conditions of zoning approval for the Village at Federal Way: A. The proposed amendments, as set forth in Section J below, would conform to the conditions of zoning approval by providing development that is similar in design to that originally envisioned and are consistent with the comprehensive plan because they will facilitate convenient residentially scaled shopping for residential areas and housing in the City's commercial areas. B. The proposed amendments to the conditions of zoning approval, as set forth in Section J below, will allow development of the site in response to market conditions and the Council's vision for development of the site, while providing for transportation facilities to serve the site and improving circulation in the vicinity, and therefore bears a substantial relationship to public health, safety, and welfare and are consistent with the require~ents of RCW 36.70A, the King County Countywide Planning Policies, and the Comprehensive Plan. C. The proposed amendments to the conditions of zoning approval, as set forth in Section 3 below, are in the best interest of the residents of the City because they are consistent with, and substantially implement, the following comprehensive plan goal and policy by allowing development of the site as a corrunerciall residential mixed-use development in a village setting: LUG6 Transform Corrununity Business areas into vital, attracti ve, mixed-use areas that appeal to pedestrians and motorists and enhance the community's image. ORO tI tTl-ss (p , PAGE J .~ ~ LUP39 Encourage transfOfmation of Pacific Highway (SR-99) Community-Business conidor into a quality mixed-use retail area. Retail development along the conidor, exclusive of the City Center. should be desib'l1ed to integrate auto. pedestrian, and transit circulation. Integration of public amenities and open space into retail and office development should also be encouraged. .~ Section 3. Conditions of Approval. '"The request to change the comprehensive plan oesigoation and zoning of approximately 46 acres located south of South 33611. Street and west of Pacific Highway South from Business Park (BP) to Community Business (BC) and Multi-Family (RM 2400), with approximately 19 acres to be designated Community Business (BC) and approximately 27 acres to be designated Multi-Family (RM 2400), shall be approved based on the following conditions, as amended: I. Prior to construction of any new buildings, a single Master Plan for the entire Multi- Family (RM 2400) and Community Business (BC) zoned site shall be submitted to and approved by the City. Application for critical area intrusions as applicable is also required in conjunction with master plan review. A project action State Environmental Policy Act (SEP A) review shall also be conducted in conjunction with master plan and critical area review. Subsequent to Master Plan approval, building design and minor modifications to the site plan shall be reviewed via a Process U, Site Plan Review. For the purposes of the Master Plan, the subject site is comprised of the following parcels: 202104 -9069, 202104-9070, 202104-900 I, 202104-9090, 202104-9086, 202104-9080, 202104-9072, and 202104-9004. 2. The Master Plan shall be developed with a cohesive and integrated design that promotes the following: a. Pedestrian scale, and pedestrian orientation and massing of buildings. b. Site-wide pedestrian connectivity. c. Building massing shall be designed to avoid large expanses of parking areas adjacent to and/or visible from the public right-of-ways. On-site parking shall not be allowed between buildings and public right-of-ways, except the Director of Community Development Services may approve one double- loaded parking row between a building and right-of-way due to extenuating circumstances. d. The appearance of strip commercial development shall be minimized by breaking large linear buildings into numerous smaller buildings. e. The commercial portion of the site may include a maximum of two primary anchor buildings. The indi...idual aR6hor bl:lildings are permitted a maximum 50,000 square feet of building footprint, Ow # 07-SSr;. . PAGE 4 '" ~ and the total gross floor area of all ancRors shall not exceed 100,000 sql:lare feet of gross floor area. These anchors shall not exceed 140.000 square feelOr gross floor area, excluding integrated stmctured parking. The maximum footprint or anyone anchor shall not exceed 80,000 square feet. Anchor facades shall not exceed a width to depth ratio of ~ 1.25: I. f ~loR aaenor buildiags should Rot eKGeea 10,000 sqttare feet of building f-eotprinL Commercial mixed use buildings should not exceed 30.000 square feet of buildiM. footprint (excluding integrated structured parking) and shall not exceed a width to depth ratio of 1.5: l. g. CommerciaV residential mixed use buildings should not exceed 12.000 square feet of building footorint (excluding integrated structured parking) and shall not exceed a width to deoth ratio of2: l. h. Non-anchor. non-mixed use buildings should not exceed 10.000 square feet of building footprint. The Director of Community Development Services may approve a maximum of two, non- anchor. non-mixed use buildings in excess of 10,000 square feet, up to a maximum of20,Ooo square feet each, when the applicant demonstrates the following: (i) The additional square footage is necessary to accommodate the needs of a specific tenant. (ii) The facades of the structure include significant structural modulation equal to at least ten percent of the length of the subject fa~de. (iii) The overall design of the building is consistent with the pedestrian scale and integrated design of the overall site. (iv) Non-anchor. non-mixed use facades shall not exceed a width to depth ratio of 2: I. go h Primary commercial building entries shall be clearly visible and recognizable from the public right-of-ways; or active building facades, including windows and pedestrian scale design amenities such as screening, plazas, or art features such as trelli.ses, artwork, murals, landscaping or combinations thereof, shall be required fronting the right-of-way. fu 1. On-street parallel parking is encouraged where feasible. to k. A minimum of fi ve percent of the gross land area of the commercial portion of the site shall be pedestrian oriented open space. There shall be one primary pedestrian gathering focal point, and additional supporting pedestrian oriented gathering locations distributed proportionally throughout the commercial portion of the site_ Open space areas and plazas shall include seating, landscaping, art, ornamentation, pedestrian scale lighting, water features, and outdoor dining. f. 1:. Vehicular service stations are not permitted. Fuel pump stations are only permitted when accessory to an anchor tenant Any approved fuel pump station shat! not be oriented to the public right- ORD#tJ7-ssz.. , PAGE 5 "- - of-way. and shall not exceed two fuel islands with a total of up to eight vehicular fueling positions. 3. Development of th; site shall include desih'11. construction, and dedication of the following public roadways in accordance with appropriate FWCC street sections: a. 13th Place South from South 336lh Street to the south property line; b. South 340'10 Street from Pacific Highway South to the intersection of 13th Place South .~ extended; . c. A roadway connecting from South 3361h Street through the residential area, connecting to 131h Place South extended. These public roadways are necessary to serve the proposed development and shall be constructed as outlined below. Additional conditions (on-site and off-site) intended to mitigate significant adverse environmental impacts may be required as determined through the SEP A process and will be applied to any proposed project in the future. a. Prior to occupancy of any residential building on the site, South 340m Street from Pacific Highway South to the intersection of 13'h Place South extended, and the roadway within the residential area connecting to South 336'10 Street, shall be constructed to meet all applicable standards. Traffic calming devices such as speed humps, speed tables, traffic circles, chi_canes. curb extensions. signs, pavement markings, or other calming devices as approved by the Public Works Director shall be incorporated within the residential roadway. Signal modifications at Pacific Highway South and South 340d. Street intersection may be required to provide safe access. Alternatively, the developer may construct the extension of 13th Place South from South 33611I Street to its intersection with the proposed residential road as a traffic circle. This would eliminate the need for the construction of South 340'10 Street from Pacific Highway South to the intersection of 13th Place South extended, and the segment of 13m Place South between South 340th Street and the intersection of the residential roadway (traffic circle). . b. Prior to occupancy of a,ny commercial building, 13'h Place South from South 336m Street to the south property line, and South 340'10 Street from Pacific Highway South to the intersection of 131h Place South extended, shall be constructed to all applicable standards. A new traffic signal (South 336th Street & l3d. Place South) and/or signal modifications (Pacific Highway South & South 340m Street) may be required as determined through the SEPA process. 4. All new public streets shall include traffic calming features. 5. Uses other than multi-unit housing and day care facilities that are otherwise permitted in the RM zone are not allowed. ORO 1# 07--55?-. PAGE 6 '"'" 6. The multi-family portion ofthe site, west of Wetland No.2. shall be accessed from one location along South 3J61l1 Street and shall include a public roadway connecting through-the residential area, across the existing berm of Wetland No.2, and connecting to 13th Place South extended. 7. No more than one anchor building, or a max:imum of~ 80.000 square feet of commercial building area, may receive a Certificate of Occupancy on the site without the prior conslIUction of - .-r a minimum of75 residential units. 8. The residential area shall be designed to minimize reception of potential noise impacts from adjacent nonresidential uses. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence. paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and.prior to the effective date of this ordinance is hereby ratified and affirmed. 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 1'7 fL- day of .,Ju.. L ~ , 2007. CITY OF FEDERA: ~ ~V<:/~ Mayor, Michael ~ ' ApPROVED AS TO FORM: i~o. ~k_ City Attorney, Patricia A. Richardson ORO neJ7JSS(b, PAGE 7 ~. " FilED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: ,~ o5bslo7 86/ 1~7 (}6/~~.07 tf~7 07~55"G l:\KitlS Comer\City Council\Reviscd Adoption Ordinance.docl6l112007 own . PAGE Ii . t~/4/J!lJU()t~Clflet~l1Ull - t:"lIe()U44-!p~._. .-. ..--,>'.,_.,....,......~..-'_.-.,~_._.......- "' . ," .I>~.~~.1 Federal Way Village, LLC May 5, 2008 Janet Shull .f Community Developm~ntSen4ces ~ent City of Federal W~yCityHalI 33325 8th Avenu~$Ollth Federal Way. Washington 98063 Re: Federal Way Village - Amendments to Ordinance No. 05-490 Dear Janet: We are requestingtwoamel1(hnents to Ordinance No. 05490tha.tamen~with CQnditions the Comprehensive PlanandZoningMaps pertaining to the proposedF~ W'ayVtllage. We request amendments to two of those C()nditions; "Section 2, 3., c.. a ("Pnorto occupancy of any residential building on the sit~. South 340th Street from PClCific HighwaY ~().1)tfI tofheintersection of 13th Place South eXt(}Il<i~and the roadway within theresid<<mtiaI~CQIqlet<<o,g to$Qtuh 336111 Street,.shaU be co~~dtomeet aU applicablestan<.blr<ts...)~Ck~~9n2.3..c..b..(~or to occupancy of anYCQJ1l1netciaJ.Qqilding, 13th Place SouthfrOD,t .336~$~totbe SOuth property line and South 340th StteetfrotnJ.>acificHighway South to the interseCtionof13tl1PlaceSQutbextended, shatto be constructed t(j.1,1l1iclpplica:ble standards. U) Our requested amendments WOuld allow phasing of the infrastructure CtJItlD1~ur~te with the phasing of the to\\l1lh()lI1~ deVelopment and the phasing ofthetnixedusedeV~I()Pnumt Thank you for your consideration of our request. r~ 1t:, c: Dan Bites 3611 29TIl Avenue West Seattle, Washington 98199 Pbone: (206) 579~0088 Fax: (206) 284-6099 emaH: jpotter936@aol.colII 3 ~Ill1 . j,' ::f,J~jjBl r ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO ORDINr\NCE 07-556, -. ~- AMENDING ORDINANCE 05-490, RELATING TO THE CONDmONS OF ZONING APPROVAL FOR FEDERAL WAY VILLAGE (aka KITfS CORNER) (AMENDING ORDINANCE NO'S. 90-43, 95-248, 96-270, 98-330, 00-372, 01-405,03-442,04-460,04-461,04-462,05-490,05-491,05-492,07-556). .~ WHEREAS, the Growth Management Act of 1990, as amended, (Ch.~pter 36.70A RCW or "GMA") requires the City of Federal Way to adopt a comprehensive plan which includes a land use element (including a land use map), housing element, capital facilities plan element, utilities element, economic development element, and transportation element (including transportation system map[s]); and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan; and WHEREAS, 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 I, 200 I, March 27, 2003, July 20, 2004 and June 16,2005; and WHEREAS, Ordinance No. 05-490 approved a change in comprehensive plan designation and zoning of approximately 46 acres located south of South 336th Street and west of Pacific Highway South from Business Park (BP) to Community Business (Be) and Multi-Family (RM 2400), based on specific conditions as contained in said ordinance; and WHEREAS, as a result of this action, approximately 19 acres east of a dividing line would be designated Community Business (BC) and approximately 27 acres west of a dividing line would be designated Multi-Family (RM 2400); the dividing line described as a line extending southwards from the South 336th Street right-of-way, said line which follows the eastern buffer of Wetland No.2 as shown in the Settlement Agreement and Covenant recorded under Recording No. 9704211043 to a point Doc. to, DRAFT EXHIBIT if -~-=--~ "- approximately 351 feet north of the south property line of Parcel No. 202104-9004, at which point said line follows the middle of the 13th Placej)()Uth extended right-of-wa~ ~o the south~proeerty line of Parcel ~0.202104-9004;and .-# WHEREAS, the applicant submitted an application for a Master Plan for the Federal Way Village site in January 2007; and WHEREAS, in March 2007, the City of Federal Way received a request to amend the conditions of zoning approval of the approximately 19 acres of that portion of site zoned Community Business; and WHEREAS, in June, 2007 the City Council of the City of Federal Way adopted Ordinance 07-556 that amended the conditions of approval of the approximately 19 acres of that portion of the site zoned Community Business; and WHEREAS, in February, 2008, the City's SEPA Responsible Official issued a Mitigated Determination of Nonsignificance on the Federal Way Village Master Plan that considered phased implementation of the required public roadway network; and WHEREAS, in May, 2008 the City of Federal Way received a request to further amend the conditions of zoning approval to allow for the phased construction of required public right-of-way within the site consistent with phased construction of the proposed zero-lot line townhouse subdivision and mixed use commercial portions of the site; and WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council committees, and full City Council has received, discussed, and considered the testimony, written comments, and material from the public, as follows: 1. On June 18,2008, the City's Planning Commission considered the request for a change in the conditions of zoning approval to allow for phased construction of required public right-of- way within the Federal Way Village site; 2. On July 7, 2008, the Land Useffransportation Committee of the Federal Way City Council considered the request, based on recommendation by the Planning Commission, following which it recommended adoption of the Planning Commission's recommendations; 3. On July 15,2008, the full City Council considered the request for a change in the conditions Doc. 1.0. DRAFT of zoning approval to allow for phased construction of required public right-of-way within the Federal Way Village site at which time it adopted the Planning Commission's recommendation as forwardEKLby the Land/Use Transportation Committee:; WHEREAS, the City Council desires to approve the request for a change in the conditions of zoning approval for the construction of required public right-of-way within the Federal Way Village site based on the amended conditions as contained in Section 3 of this ordinance. _ ~ Now, TI-lEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as follows: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed amendments to the conditions of zoning approval will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Section 22-526, and based upon the Findings set forth in Section I, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria for adoption of the amendments to the conditions of zoning approval for the Village at Federal Way: A. The proposed amendments, as set forth in Section 3 below, would conform to the conditions of zoning approval by providing for construction of public right-of-way identical in design to that originally envisioned, and consistent with the comprehensive plan because right-of-way segments will be constructed in phases consistent with the phasing of overall site development. B. The proposed amendments to the conditions of zoning approval, as set forth in Section 3 below, will allow development of the site in phases to better respond to market conditions and the Council's vision for development of the site, while providing for transportation facilities to serve the site and improving circulation in the vicinity, and therefore bears a substantial relationship to public health, safety, and welfare and are consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies, and the Comprehensive Plan. c. The proposed amendments to the conditions of zoning approval, as set forth in Section 3 Doc. LD. DRAFT below, are in the best interest of the residents of the City because they are consistent with, and substantially implement, the following c~mprehensive plan goal and policy by allowi~g development of the site in phases as a commerciaV residential mixed-use development in a village setting: LUG6 Transform Community Business areas into vital, attractive, mixed-use areas that appeal to pedestrians and motorists and enhance the community's_ image. ~ LUP40 Encourage transformation of Pacific Highway (SR-99)~unity Business corridor into a quality mixed-use retail area. Retail development along the corridor, exclusive of the City Center, should be designed to integrate auto, pedestrian, and transit circulation. Integration of public amenities and open space into retail and office development should also be encouraged. Section 3. Conditions of Approval. The request to change the comprehensive plan designation and zoning of approximately 46 acres located south of South 336th Street and west of Pacific Highway South from Business Park (BP) to Community Business (Be) and Multi-Family (RM 2400), with approximately 19 acres to be designated Community Business (Be) and approximately 27 acres to be designated Multi-Family (RM 2400), shall be approved based on the following conditions, as amended: 1. Prior to construction of any new buildings, a single Master Plan for the entire Multi-Family (RM 2400) and Community Business (BC) zoned site shall be submitted to and approved by the City. Application for critical area intrusions as applicable is also required in conjunction with master plan review. A project action State Environmental Policy Act (SEP A) review shall also be conducted in conjunction with master plan and critical area review. Subsequent to Master Plan approval, building design and minor modifications to the site plan shall be reviewed via a Process II, Site Plan Review. For the purposes of the Master Plan, the subject site is comprised of the following parcels: 202104-9069,202104-9070,202104-9001,202104-9090, 202104-9086, 202104-9080,202104-9072,and 202104-9004. 2. The Master Plan shall be developed with a cohesive and integrated design that promotes the following: a. Pedestrian scale, and pedestrian orientation and massing of buildings. b. Site-wide pedestrian connectivity. c. Building massing shall be designed to avoid large expanses of parking areas adjacent to and/or visible from the public right-of-ways. On-site parking shall not be allowed between buildings and public right-of-ways, except the Director of Community Development Services may approve one double-loaded parking row between a building and right-of-way due to extenuating Doc. 1.0. DRAFT circumstances. ~ d. The appearance of strip commercial development shall be minimized by breaking large linear buildings into numerous small~r buildings. e. The commercial portion of the site may include a maximum of two primary anchor buildings. These anchors shall not exceed 140,000 square feet of gross floor area, excluding integrated structured parking. The maximum footprint of anyone anchor shalll,!ot exceed 80,000 square feet. Anc.hor facades shall not exceed a width to depth ratio of 1.25:1. f. Commercial mixed use buildings should not exceed 30,000 square feet of building footprint (excluding integrated structured parking) and shall not exceed a width to depth ratio of 1.5:1. g. Commercial! residential mixed use buildings should not exceed 12,000 square feet of building footprint (excluding integrated structured parking) and shall not exceed a width to depth ratio of 2; 1. h. Non-anchor, non-mixed use buildings should not exceed 10,000 square feet of building footprint. The Director of Community Development Services may approve a maximum of two, non-anchor, non-mixed use buildings in excess of 10,000 square feet, up to a maximum of 20,000 square feet each, when the applicant demonstrates the following: (i) The additional square footage is necessary to accommodate the needs of a specific tenant. (ii) The facades of the structure include significant structural modulation equal to at least ten percent of the length of the subject fas;ade. (iii) The overall design of the building is consistent with the pedestrian scale and integrated design of the overall site. (iv) Non-anchor, non-mixed use facades shall not exceed a width to depth ratio of2:1. 1. Primary commercial building entries shall be clearly visible and recognizable from the public right-of-ways; or active building facades, including windows and pedestrian scale design amenities such as screening, plazas, or art features such as trellises, artwork, murals, landscaping or combinations thereof, shall be required fronting the right-of-way. J. On-street parallel parking is encouraged where feasible. k. A minimum of five percent of the gross land area of the commercial portion of the site shall be pedestrian oriented open space. There shall be one primary pedestrian gathering focal point, and additional supporting pedestrian oriented gathering locations distributed proportionally throughout the commercial portion of the site. Open space areas and plazas shall include seating, landscaping, art, ornamentation, pedestrian scale lighting, water features, and outdoor dining. Doc. 1.0. DRAFT ,.... r- I. Vehicular service stations are not pennitted. Fuel pump stations are only permitted when accessory to an anchor tenant. Any approved fuel pump station shall not be oriented to the public right-of-way, and shall not exceed two fuel islands with a "tOtal of up to~eiglit vehicular fueling positions. 3. Development of the site shall include design, construction, and dedication ofthe following public roadways in accordance with appropriate FWCC street sections:- a. 13th Place SouthJrom South 336lh Street to the south pi~line; b. South 340th Street from Pacific Highway South to the intersection of 13th Place South extended; c. A roadway connecting from South 336th Street through the residential area, connecting to 13th Place South extended. These public roadways are necessary to serve the proposed development and shall be constructed as outlined below. Additional conditions (on-site and off-site) intended to mitigate significant adverse environmental impacts may be required as determined through the SEP A process and will be applied to any proposed project in the future. a,- Prior to occupancy of any residential building on the site, South 340th Street fr'0m Pacifie HiglrNay. South to the intersection of 13th Plaoe South extended, and the road-'NaY \V#hia the residential area conneeting to South 336th Street, shall be constructed to meet all applicable staBdar.oo. Traffic calming devices such as speed humps, speed tables, traffic oiroles, ehicanes, GOCB exteRsions, signs, pavement markings, or other calming devioes as approved by the Public Works Directar shall ee ineorporated ...lithin the residential roadway. Signal modifications at Pacific HiglY.vay South. and South :J4()th Street intersection may be required to proyide sate access. Alternati'roly, the developer may construct the extension of 13th Plaoe South from South JJeth Street to its inter-sectioR "'lith the proposed residential road as a traffie circle. This ...veuld eliminate the need for the eo~struetion of South 310110 Street from Pacific Highway South. to the iater-seetion of 13110 Place South. exteflded, and the segment of 13th Place South between South 340th Street and the int-erseetion of the residential roadvl'ay (traffic circle). a. Prior to occupancy of any residential building on lots 1-34, the semnent of Roadway A from the southern lot line of Lot 34 northward to South 336th Street. as set forth in Exhibit A attached hereto. shall be constructed to meet all applicable standards. Traffic calming devices such as speed humps. speed tables. traffic circles. chicanes. curb extensions. signs. pavement markings, or other calming devices as approved by the Public Works Director shall be incorporated within the residential roadway. b. Prior to occupancy of any residential buildin~ on lots 35-95, South 340th Street Doc. 1.0. DRAFT ""- ~ from Pacific Highway South to the intersection of 13th Place South extended, and Road C from the intersection of 13th Place South extended westward to the intersection with Road, A, as set forth in Exhibit B attached hereto, shall be constrtlcted to meet all applicabkH>tandards. In addition. the segment of Road A from the northern lot line of Lot 35 southward to the intersection with Road B shall be constructed to meet all applicable standards.. Traffic calming devices such as speed hwnps. speed tables. traffic circles. chicanes. curb extensions. sitms. pavement markinszs. or other cahnine: devices as approved by the Public Works Director shall be inoorporated within the residential roadWays. SIgnal modifications at Pacific Hi2hway South and South 340m Street intersection may be required to provide safe access. c.lr. Prior to occupancy of any commercial building, 13th Place South from South 336th Street to the south property line, and South 340th Street from Pacific Highway South to the intersection of 13th Place South extended, shall be constructed to all applicable standards. A new traffic signal (South 336th Street & 13th Place South) and/or signal modifications (pacific Highway South & South 340th Street) may be required as determined through the SEP A process. Alternatively. the developer may construct 13th Place South from South 336th Street to the south property line. and S. 340th Street from Pacific Highway South to the intersection of 13th Place South in phases consistent with phased site construction. A phased construction alternative shall be subject to submittal of a phased development plan and approval by the Public Works Director. 4. AU new public streets shall include traffic calming features. 5. Uses other than multi-unit housing and day care facilities that are otherwise permitted in the RM zone are not allowed. 6. The multi-family portion of the site, west of Wetland No.2, shall be accessed from one location along South 336th Street and shall include a public roadway connecting through the residential area, across the existing berm of Wetland No.2, and connecting to 13th Place South extended. 7. No more than one anchor building, or a maximum of 80,000 square feet of commercial building area, may receive a Certificate of Occupancy on the site without the prior construction of a minimum of 75 residential units. 8. The residential area shall be designed to minimize reception of potential noise impacts from adjacent nonresidential uses. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Doc. I.D. DRAFT Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section ~ 6. Ratification. Any act consistent with the authority and prior to the effective date of .f this ordinance is hereby ratified and affirmed. Section &.- 7. Effective Date. This ordinance shall take effect and be in ~ 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 A TrEST: City Clerk, Laura Hathaway APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH TIlE CITY CLERK: PASSED BY TIlE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: DRAFT Doc. 1.0. V 1I81HX3 WId :ws ~ ..:" lV1d ~Nii~-'-'" ;M""MI~ ,I:' + 3E:>V111A AVM 1Vl:I303::1 : J Ii Ii Ii \. (nl '3E>Y111^ AVM lV~3a3::J ~ .111 w ~r~ J ,uu~lIlJ..--= I ~~~ NOlllNlHll't'M WO:;>'II^PW.."MMM ...-.a ~ ... rg ~::::EiII _= uun . UlOM W'^" 'MM fII..-pe~ I 011' ~~3~NIIO::;;:'~:~:':: I~~~j ~~ . , u ~~ ~ ~l' ~ H~ ~ I~ ;;;;ll.. ~ ~ 1111". .:11 ~ it. ! ~ri l!5 l:!,; ii! ; ~.~ 5 21 I I -~- ..~ L_ I sd II <( ~~ llllll ~ r i ~ ~ls I 1 jl,1 ~: i ~ IIi I I ~ ~ I~ I~ b i I;~ ~. ! i~ ~i ~ ~I ~:= ~ ~I ~bb ~~ I I I 1111 I I I ! ! I illl I ~ i I I I! ~ i Ii! 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U\, "il (-1_... : : :,' L ;~ J \. , : " l:. . ~ -i "'~ i ~. ~ i _ '7 { '--.---'-'. --- --. ..------. - ~ - ----.--. .... t_~ ...l-!~ ~.\(~~P-t-':I.~!;l~?_~_~.~:~~__..__ :.r- I j /I " L___J I ---_.J B D B I R U ~ Il~ '11. -):- 0- i D "", f = I D I i D .4' ...# /I r--:U ---U -, ....... ~ o.--r~ II) ~ ~'{IIl'(>. ,----------, I I !.._________' ~------I I I , ,--., I_I ~__l ... ... ~\ ~ cq. ~~~ 1).-'" ii,' ;~~~ 9, 'd"l't> I ';. '?IS}"% . 0, ~ j, ~:~ ~ ~I!\ Il\ ,----- ~ I , ~-------_...! ,----.-----, I , , , ,-----____J h:S::~~;;.-;:;,;..;~~~Q~~ I ... Z III :It o III In >- ~ ~ ~ Q IX: Ie il 9 ~ ~ 0 III III Q a: j------------.... to' ~ \ : .....ir\~--~----' ~c:. r --~ .-~~---- 't.~ ,-, I 0 I I I : : .\----. CITY OF FEDERAL WAY PLANNING COMMISSION June 18, 2008 7:00 p.m. City Hall Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Lawson Bronson, Wayne Carlson, Tom Medhurst, and Sarady Long. Commissioners absent: Bill Drake (unexcused). Alternate Commissioners present: Tim O'Neil. Alternate Commissioners absent: Kevin King (excused). Staff present: Senior Planner Margaret Clark, Senior Planner Janet Shull, Senior Planner Lori Michaelson, Development Services Manager Will Appleton, City Staff Attorney Monica Buck, and Administrative Assistant E. Tina Piety. Chairman Pfeifer called the meeting to order at 7:05 p.m. .., Commissioner Carlson moved and it was seconded to move the public hearing on the Federal Way Village Rezone Ordinance to the beginning of the meeting. The motion passed unanimously. COMMISSION BUSINESS PUBLIC HEARING - Federal Way Village Rezone Ordinance Amendment Commissioner Long recused himself because he is working on this project as city staff. Ms. Shull delivered the staff presentation. The applicant is requesting to modify condition number 3 of the conditions of rezone for Federal Way Village in order to allow for phased construction of required interior roadway network. Chair Pfeifer opened the meeting to public testimony. Jon Potter, Federal Way Village LLC - He told the Commission that the request is motivated by infrastructure costs. In the residential section, a large portion of the roadway does not have housing on both sides, which leads to a greater cost to construct the roadway. They would also like to avoid mass grading and grade the site in phases closer to the point when they expect to be able to build in each. Commissioner Carlson asked why the choice was made to end the road at lot 34 instead of lot 31. Mr. Appleton responded that the city has a maximum dead-end length and ending at lot 34 meets that maximum. Commissioner Bronson asked how the fire department feels about the cul-de-sac. Ms. Shull replied the fire department was involved in the review process. They are satisfied as long as there is room for their vehicles to turn around. Chair Pfeifer asked if allowing the work to be done in phases would delay the project. Mr. Potter replied they do not anticipate it will delay the project; rather it should allow them to move quicker. Chair Pfeifer asked if they have carefully considered all aspects of the project so that further amendments will not arise. Mr. Potter answered that it is not possible to foresee all contingencies (they did not expect the downturn of the residential market, which led to this amendment request), but have done their best and do not anticipate further amendment requests. He did mention they had submitted for a comprehensive plan amendment to change the boundary between the Community Business and Multi-Family zones. Commissioner Elder expressed concern about mass grading (a concern shared by other Commissioners). She does not want to see a large area cleared of all trees sitting for an unknown number of years waiting for houses to be built. Mr. Potter responded that the city staff has expressed this concern a number of times. They want to keep the city and citizens happy and do not plan to mass grade. They expect grading to be phased with the development and will work out the details with the builder. K:\Planning Commission\2008IMeeting Summary 06-18-08.doc Planning Commission Minutes Page 2 June 18, 2008 Commissioner Elder moved (and it was seconded) to amend the proposal as recommended by staff Commissioner Bronson expressed his concern that there is no time-line. Specifically, he is concerned that the area may be graded and sits for years with nothing happening, and then someone comes in with more changes. Commissioner Carlson commented that plats have a five year deadline and asked if the applicant has requested to extend that deadline. Ms. Shull replied that staff has discussed this issue with the applicant and the applicant feels there will be progress on the project and they will not need to extend the deadline. Commissioner Elder commented that she feels obligated to allow the applicant to make amendments because the city allowed a church to make amendments to their master plan to allow development in phases. The vote was held and the motion passed unanimously. ApPROV AL OF MINUTES None AUDIENCE COMMENT None ADMINISTRATIVE REPORT Ms. Clark informed the Commission that the next meeting probably will not be until August. Staff will inform the Commission of actual dates when they are known. COMMISSION BUSINESS STUDY SESSION - Code Amendment to Allow Cargo Containers in Commercial and/or Residential Zones Ms. Michaelson delivered the staff presentation. There has been an increase in the number of inquiries and applications for cargo containers. Cargo containers are not specifically addressed in current codes, with some exceptions, such as temporary construction trailer and schools are allowed to use them to store emergency supplies. They are sometimes placed inappropriately and can impede traffic circulation, parking, sight distance, etc. In addition, they are not typically designed for aesthetics and can rust and become unsightly over time. The proposed code amendment will address concerns about placement, bulk and scale, design, screening, and ensure compatibility with adjacent properties, particularly residential areas. Cargo containers come in a variety of shapes and sizes and may include custom modifications, like windows, doors, vents, etc. Most containers are eight feet wide by eight feet tall, but can go as large as 24 to 40 feet in length. They were developed to hold and transport cargo via ships, trains, or trucks and have typically been found in industriallheavy commercial areas. They are increasingly found in non-industrial areas where they are used for a broad range oftemporary or permanent uses. Temporary uses include moving and storage operations, active construction sites, emergency management sites, etc. Permanent uses include accessory storage of equipment, supplies, inventory, and other property. In addition, they can be customized for used as non-residential habitable space for offices, work areas, booths, or stands. One type of container that is becoming increasingly popular in residential areas are Portable On Demand Storage or PODS. PODS are delivered to the property by the container company, retrieved whn loaded, and delivered to the company's storage warehouse or other destination as specified. K:\Planning Commission\2008\Meeting Summary 06-18-08.doc Planning Commission Minutes Page 3 June 18,2008 There are a number of containers in Federal Way; temporary and permanent. Some, but not all, have received city approval. Many would be nonconforming under the current code. Staffs preliminary recommendations include prohibiting storage of containers on a permanent basis in residential zones, except as accessory to schools. The recommendation considers allowing them for other institutional and quasi-institutional uses, like government facilities, churches, hospitals, and community facilities. Staff recommends continuing to allow containers in non-residential zones if accessory to an approved use, subject to administrative approval criteria. Such criteria would include, but not necessarily be limited to: the same design and screening requirements that apply to the principal use; outdoor storage areas; design guidelines; etc. Staff recommends that containers that are located in, or visible from, residential zones be fully enclosed within an approved stick-built structure, and/or solidly screened, and be limited by size and/or number. In addition, staff recommends considering other zone-specific restrictions such as, containers may not be habitable, may not be refrigerated, may not be stacked, etc. Finally, staff recommends continuing to allow and clarifY provisions for temporary uses and address PODS and similar units. Commissioner O'Neil asked if PODS go through a permit process. Ms. Michaelson replied that currently there is no permit process for PODS and no regulations. Staff suggests that regulations be developed, such as how long they may placed in an area and where they may be placed (if placed on a driveway, want to ensure they are not blocking and have good sight distance). They could be allowed outright, with the understanding they must meet code, or the city could impose a simple permit process that would require a small fee. The city does not want to be onerous to the owner, but believes there should be some regulations to ensure health and safety. Commissioner Elder is opposed to regulations for PODS. She commented that the city already has too many regulations telling people what they can and cannot do on their own property. She asked if there have been many complaints. Ms. Michaelson replied that to her knowledge, the city has not received any complaints about PODS and few for other containers. Commissioner Carlson commented that he thinks the staff is heading in the right direction. Provisions for temporary containers should be simple and more exacting for permanent containers. The city should distinguish between the uses for containers. He agrees with the staff recommendations for containers near or in residential areas. Commissioner Long also thinks the staff is heading in the right direction. However, he does not see a difference between PODS and V-Hauls and therefore, sees no reason to have a permit process for PODS. Commissioner Bronson is concerned about requiring a stick-built structure (and therefore flammable) around fire- proof containers. He is concerned the stick-built structure could catch fire and damage the container. He would prefer paint to a flammable curtain. He sees no problem with requiring containers to be screened. He does have some concern that screening the container could hide it from those looking for a container with emergency supplies. He would be willing to have regulations for PODS, but does not feel there should be a permit process. Commissioner Carlson asked what percentage of permanent containers is used for emergency supplies. Ms. Michaelson replied that she does not have the number, but any containers at a school may only be used to store emergency supplies. . Commissioner Medhurst commented that as staff develops the regulations, they should be aware that some retailers use containers to store seasonal goods and supplies. He also asked if there is compliance issues staff should consider, such as if a store uses parking for a container, will it mean they do not meet the parking requirements? Commissioner Long asked if the city has a restriction for how many temporary containers a site may have. Ms. Michaelson replied that issue is not addressed in the current code. K:\Planning Commission\2008\Meeting Summary 06-18-08.doc Planning Commission Minutes Page 4 June 18, 2008 In her PowerPoint presentation, Ms. Michaelson had pictures of containers currently found in Federal Way. Commissioner Long noted that one of the pictures showed a container with merchandise alongside and on top of the container. He suggested that no external storage be allowed, all material must be inside the container. Commissioner 0 'Neil asked how much of a problem are cargo containers? Ms. Michaelson replied that the city is receiving questions about whether a container can be brought on-site. Ms. Clark responded that people are locating them without asking the city first. Cargo containers are becoming more common and the city feels we should address the issue. Commissioner Bronson requested that churches and community agencies be added to the regulations that allow cargo containers that hold emergency supplies, since some ofthem do store emergency supplies. Commissioner Medhurst asked staff to consider, if a site is allowed outside storage, would having a cargo container change that. Chair Pfeifer commented that the Commission has a consensus that the city should take a "soft" approach when dealing with PODS. In addition, large permanent containers should not be allowed in residential areas, with the current exception for use of storing emergency supplies. Currently, containers that are used at construction sites are to be removed when the construction is complete. This does not always happen. Chair Pfeifer suggested the staff consider requiring a bond for construction containers that can be used if the container is not removed. ADDITIONAL BUSINESS Commissioner Elder asked at what point a building would be too high for our fire department to successfully fight. Ms. Clark responded that she will ask the fire department and will let the Commission know. AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 8:50 p.m. K:\Planning Commission\2008lMeeting Summary 06-18-08.doc