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LUTC PKT 09-22-2008 -- City of Federal Way City Council Land Use/Transportation Committee September 22, 2008 5:30 p.m. City Hall Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES: September 8, 2008 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS B. BPA Trail at SW 35(ih Street- Pedestrian Crossing Consultant Presentation C. Wynstone Final Plat Action Clark/IS min. Action Perez/IS min Action Harris/l 0 min. Action Salloum/5 min. Action Miller/I 0 min. Action Miller/5 min. A. Portable Signs in the Public Right of Way D. 2009 Street Sweeping Services - Authorization to Bid E. West Hylebos Cooperative Agreement F. Steel Lake Maintenance Yard Paving - Final Approval and Retainage Release 5. FUTURE MEETINGS/AGENDA ITEMS 6. ADJOURN Committee Members Linda Kochmar, Chair Jim Ferrell Dini Duclos City Staff Cary M. Roe, P.E., Assistant City Manager/Emergency Manager Darlene LeMaster, Administrative Assistant II 253-835-2701 G:iLUTCiLUTC Agendas and Summaries 2008\9-22-08 LUTC Agenda. doc OCity of Federal Way City Council Land Use/Transportation Committee September 8, 2008 5:30 PM City Hall City Council Chambers MEETING MINUTES In attendance: Committee Chair Linda Kochmar, Committee Member Dini Duclos, Council Member Jeanne Burbidge, Assistant City Manager/Chief Operations Officer/Emergency Manager Cary Roe, City Attorney Pat Richardson, Director of Community Development Services Greg Fewins, Deputy Public Works Director Ken Miller, Building Official Lee Bailey, Acting Deputy Public Works Director Marwan Salloum, Senior Transportation Planning Engineer Sarady Long, ESAlNPDES Coordinator, Don Robinett, and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the meeting to order at 5:30 PM. Committee Member Ferrell was excused. 2. APPROVAL OF MINUTES The August 4, 2008 LUTC meeting minutes were approved. Moved: Duclos Seconded: Kochmar Passed: Unanimously, 2-0 3. PUBLIC COMMENT No public comment was received. 4. BUSINESS ITEMS A. Low Impact Development Grant Update Don Robinett provided background information on this item. Committee member Duclos asked if when staff is looking at an area where LID's may be appropriate, will there be any soil testing. Mr. Robinett explained that yes, there is a series of analysis performed in order to make sure LID is feasible for a site. Committee Chair Kochmar asked if pervious pavers will withstand heavy traffic, Mr. Robinett responded that the integrity of pervious pavers and pervious asphalt is unknown at this time. One of staffs recommendations will be to only allow pervious surfaces in non-traffic applications. Pervious pavers/asphalt should do fme for driveways. ACM Roe added that pervious pavers/asphalt are not intended to withstand heavy vehicles or frequent use. For example, they could be used as a fire access road (some application with infrequent use). Councilmember Burbidge inquired as to the installation cost being more expensive. Mr. Robinett explained that currently the demand for pervious application is quite low. As demand for these products raises, products will be produced more efficiently and cost for installation will go down. Committee Member Duclos asked who staff had worked with on these incentives. Mr. Robinett answered that staff worked with the consultant, AHBL. As part of the grant from Puget Sound Partnership, staff was given consulting and technical time with the consultant to come up with recommendations and incentives. Committee Member Duclos commended Mr. Robinett in his work thus far and also added that she would like to see staff invite area developers to see and hear these recommendations and incentives and get feedback prior to solidifying a program. Committee Chair Kochmar echoed Committee member Duclos' suggestion of getting feedback from area developers. Chair Kochmar asked if although the use of LID's is an option for the developers, is it more expensive? Mr. Robineett suggested that cost would depend on what is done and which LID techniques are used. There could be more up front costs, with a cost savings down the road. For a development, the use of LID techniques may add an entire lot to a plat. Mr. Robinett will work will staff on bringing in developers to comment on these recommendations and incentives. Chair Kochmar asked if a developer must meet all of the criteria if they choose LID and are there other local jurisdictions with similar programs. Mr. Robinett explained that a developer may pick and choose which techniques are used. G:ILUTCILUTC Agendas and Summaries 2008\9-08-08 Minutes.doc Land Use/Transportation Committee Page 2 September 08, 2008 Many jurisdictions have been awarded the grant and are working on programs. Jurisdictions implementing LID programs at present are Pierce Co., Seattle, Redmond, Olympia, Lacey, and Bellingham. ACM Roe added that the consultant, AHBL, has much experience in our area and in our city and is extremely knowledgeable on development practices. Moved: Duclos Seconded: Kochmar Passed: Unanimously, 2-0 Committee PASSED Option 1 to the September 16, 2008 City Council Consent Agenda for approval. B. Lee Home Demolition - Proiect Completion and Retainage Release Lee Bailey provided background information on this item. Chair Kochmar thanked Mr. Bailey for his work on this project. Moved: Duclos Seconded: Kochmar Passed: Unanimously, 2-0 Committee PASSED Option 1 to the September 16,2008 City Council Consent Agenda for approval. C. Commute Trip Reduction (CTR) Program Implementation Agreement with King County Sarady Long provided background information on this item. Chair Kochmar asked for explanation of the difference in the amount of the grant and the amount of the CTR program. Mr. Long explained that the difference in funds allows for the City to provide incentives to encourage staff to reduce trips. The City can also use the extra funds to help other employers in the program provide similar incentives for trip reduction. Council member Burbidge requested a list of Federal Way employers with 100 or more full time employees beginning work between 6:00 - 9:00 am that qualify for this program. Mr. Long will provide this information to Committee member Burbidge. Moved: Duclos Seconded: Kochmar Passed: Unanimously, 2-0 Committee PASSED Option 1 to the September 16,2008 City Council Consent Agenda for approval. 5. FUTURE MEETING The next regularly scheduled LUTC meeting will be moved from September 15,2008 to September 22,2008 at 5:30 PM. 6. ADJOURN The meeting adjourned at 6: 10 PM. G:\LUTClLUTC Agendas and Summaries 2008\9-08-08 Minutes.doc COUNCIL MEETING DATE: October 7,2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Portable Signs in the Public Right-of-Way POLICY QUESTION: Should Federal Way City Code (FWCC) Chapter 22, Article XVIII, "Signs," be amended to allow portable signs in the public right-of-way. COMMITTEE: Land Use Transportation Committee (LUTC) MEETING DATE: September 22,2008 CATEGORY: D Consent D City Council Business I25J Ordinance D Resolution D D Public Hearing Other: Information Only _~.!~!.!_~.!..2~!_~~:...~.~~or R.1.~~~.!..!.Y.1~!.g'.lr.~~_c:::.~a.:!._~'..~!~:I.>....._._...._.........__... ....._.__..___._.. m._._~~~.=....~~~~~.E>_e.~.:~~~.~~~~_._._. BACKGROUND: On August 5, 2008, the City Council gave staff direction to prepare a code amendment to allow portable signs in the public right-of-way (Exhibit 1). The staff's recommendation to the Planning Commission is attached as Exhibit A of Exhibit 2 (Also Page 5 of Exhibit 2). Staff-proposed amendments are shown in underline (additions) and strike em (deletions). The Planning Commission held a public hearing on September 3, 2008, and after taking public testimony, forwarded their recommendation, shown as Exhibit 3, to the LUTC and City Council. The Planning Commission's changes are shown as double underline and italics (additions) and atJllhle 3H i,'De 811t llila ittlliMJ (deletions). ..--........-.......p.-.......-................----..-.---....---........-.......-.................-...-..............-..................-....................................................................................--.....--...................................................-.....--..--.....-.......-......-...-.............-...-................--.....-.............................-..... ATTACHMENTS: Exhibit 1 - August 5, 2008, City Council Agenda Bill with Attachments A-G; Exhibit 2 - September 3, 2008, Planning Commission Packet; Exhibit 3 - Planning Commission Recommendation; Exhibit 4 - Materials Provided to the Planning Commission by Seattle-King County Association of Realtors; Exhibit 5 - E-Mail Comment from John Jacobi, Windermere Services Company; Exhibit 6-Written Comment from Diana Noble-Gulliford. ............__............._...................._._........_..._........__.._._.__..................__..................H.__H.............................._....._......................_.......__...........................................-.....-.....................---.................-..--.....-..---.........--.......-..-...--.........-.-....-...-..........-...........-....... OPTIONS CONSIDERED: (1) Adopt the Staff's Recommendation as shown in Exhibit A of Exhibit 2 (Also Page 5 of Exhibit 2); (2) Adopt the Planning's Commission's Recommendation as shown in Exhibit 3; (3) Adopt the Planning Commission's Recommendation or Staffs Recommendation as modified by the LUTC; (4) Do not adopt the amendments. STAFF RECOMMENDATION: The Staff Recommendation is contained in Exhibit A of Exhibit 2 (also Page 5 of Exhibit 2). PLANNING COMMISSION RECOMMENDATION: The Planning Commission Recommendation is contained in Exhibit 3. NOTE: The main difference between the Staffs and Planning Commission's recommendation is that staff recommends a limit of two portable signs in the right-of-way for any business, event or agent, between the hours of 10:00 a.m. and 3:00 p.m. only. The Planning Commission concurred with staff on the number of signs in general, but added that open houses be permitted a total of eight signs in the public right-of-way, and that all signs be permitted from sunrise to sunset. They also recommended that a definition of "Open House" be added. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ to Committee To Council to Council COMMITTEE RECOMMENDATION: Jim Ferrell, Member Linda Kochmar, Chair PROPOSED COUNCIL MOTION: Dini Duclos, Member (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # K:\2008 Code Amendments\Portable Signs\LUTC\091508 Revised Agenda Bill.doc COUNCIL MEETING DATE: _It~_~~t3~~_~J_______~._______~___...._____ ______!!~M #: ~ .0:-_' CITY OF FEDERAL WAY CITY COUNCIL EXHIBIT 1------ -- AGENDA BILL PAGE-1-0F_~ SUBJECT: Signs in public right of way. POLICY QUESTION: Should city code be amended to allow signs in public right of way? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 21, 2008 CATEGORY: o Consent JZI' City Council Business o Ordinance o Resolution o D Public Hearing Other STAFF REpORT By: Greg Fewins, Director DEPT: Community Development Services Attachments: Memorandum dated July 15,2008 Options Considered: 1. Amend city code to allow restricted use of public right of way for signs and direct priority of the amendment in the Planning Commission work program. 2. Establish stakeholder group to investigate right of way sign issues in more depth. 3. Take no action, thereby continuing current city code prohibitions on signs in public right of way. STAFF RECOMMENDATION: Ifcouncil takes action directing staff to modify the code, staff recommends that the code amendments be inclusive of recommendations contained in the July 15,2008 staff memorandum provided by LUTe, SKCAR and ci staff. CITY MANAGER APPROVAL- DIRECTOR ApPROVAL: ~ ~ Council Committee COMMITTEE RECOMMENDATION: (j) Forward +hu LUTe A-dYYlivliS+rafi~ C.h.Vlt/<.s {LS pre.swed bw sfaff CLnd- fur-fl.rl<< VfPl()r& qt1'leraJ tZ-~[1egs to ~ qe,nertLL nq hf;; o-f'tJJdAj Wi#L rtbsovtahle-- r-esfnw/nts -Iv ~ ..ArA4ust- 5, ;U;O g CrJuY1D11 BlAs-/ne.% ~ %r ,^?pYDV tLl. @ Direbf ~ -Iv p~ tL Ccdu aYn~ed/ fo t1-lllJ-w- A-{h:u~ ~.q~ tn -J--t.u:; _publIC- n~ h:b tJ'f W - a..s preseAif~ DY.. .1 sM-f. in ~ SwnrYl P~er:dY1C'~ SftLJ rds reJU$1- 5, 2f)of{ Cf;~'I13us.:n.~ ~ -f&r app . -7 '1\.A...< ~ -f.......l>-<:: k-..... /tA. 2-- '- Committee Chair Committee Member PROPOSED COUNCIL MOTION: I HI move approval of the recommended LUTI dministrative changes and to further explore general access to the general right of way with reasonable restrictions." 2 "[ move approval of the LUTe recommendation directing staff to prepare a code amendment allowing A-frame signage in the public right of way, as presented by staff in the 'Summary of Performance Standards and as the next highest priority in the 2008 Planning Commission work program. " . (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 - 02/06f2oo6 COUNCIL BILL # L ST reading Enactment reading ORDINANCE # RESOLUTION # ~ Federal Way EXH\B\T_-- ,-- ...-----:- PAGE.-a...OF~ MEMORANDUM DATE: July 15,2008 To: Land Use and Transportation Committee FROM: Greg Fewins, Director of Community Development serv~Y VIA: Cary M. Roe, P_E., Assistant City Manager, COO, Emergency Manager ~ RE: Signs in Public Right of Way This memorandum provides follow up on a variety of issues raised at the July 7, 2008 Land Use and Transportation Committee meeting related to signs in public right of way. Policy Question Should city code be amended to allow signs in public right of way? Current Code The following paraphrases the relevant Federal Way City Code ("FWCC") section related to signs located in public right of way: FWCC section 22-1600 - Prohibited Signs: "The following signs or display are prohibited in all zones within the city. Prohibited signs are subject to removal by the city at the owner's or user's expense pursuant to FWCC 22- 1604: (14) Right-of-way signs including any sign in a public right-of-way except governmental signs." The following is a summary of city code allowances for off site real estate signs pursuant to FWCC section 22-1S99(d)(w)(1): . Must be located on private property. . Maximum of ten off site signs per agent. . Minimum separation of 200 feet unless indicating a turn. A Federal Way EXHIBIT_...' . -. -----~ PAGE~OF~ MEMORANDUM DATE: July 15,2008 To: Land Use and Transportation Committee FROM: Greg Fewins, Director of Community Development servi~~ VIA: Cary M. Roe, P.E., Assistant City Manager, COO, Emergency Manager ~ RE: Signs in Public Right of Way This memorandum provides follow up on a variety of issues raised at th~ July 7, 2008 Land Use and Transportation Committee meeting related to signs in public right of way. Policy Question Should city code be amended to allow signs in public right of way? Current Code The following paraphrases the relevant Federal Way City Code ("FWCC") section related to signs located in public right of way: FWCC section 22-1600 - Prohibited Signs: "The following signs or display are prohibited in all zones within the city. Prohibited 'signs are subject to removal by the city at the owner's or user's expense pursuant to FWCC 22- 1604: (14) Right-of-way signs including any sign in a public right-of-way except governmental signs." The following is a summary of city code allowances for off site real estate signs pursuant to FWCC section 22-1 599(d)(w)(1): · Must be located on private property. . Maximum of ten off site signs per agent. . Minimum separation of 200 feet unless indicating a turn. . L)(I-l1 B, ';: , - --- --:._~ Maximum six square feet per sign tace. ~ 'OF: h.' Removed each day. PAGE~' ~ Permitted only between sunrise and sunset when the seller or agent is at the property. . . The following is a summary of city code allowances for off site civic event signs pursu~nt to FWCC section 22-1 599( e )(Table I): · Must be located on private property. · No restrictions on the number of signs. · Maximum six square feet per sign face. · Maximum height five feet. · Allowed thirty days prior to the event and removed five days after the event. Policv Issues Amending city code to allow signs in right of way could: · Improve visibility for commercial business and public events. · Increase city right of way maintenance costs. · Create potential traffic, bicycle and pedestrian hazards. · Create varying levels of sign clutter potentially impacting aesthetics. · Require content neutral regulation of signs allowed within the right of way. · Create additional enforcement workload to regulate illegal signs. Other Jurisdiction's Requirements Staff researched other city codes and the Seattle-King County Association of REAL TORS ("SKCAR") website (see exhibit A - 'Regulation of Residential (Single-Family) Real Estate Signs' Matrix) regarding allowances for signs in public right of way. While the city's regulation of signs in public right of way must be content neutral, SKCAR's survey is narrowed in scope to "A" board open house real estate signs. The SKCAR matrix indicates that 33 of the 63 surveyed cities and counties allow "A" board signs in the public right of way. SKCAR's research is consistent with the city's research. Of those agencies that do not allow signs in right of way, enforcement of illegal signs range from none to strict. Land Use and Transportation Committee SU22ested Chan2es At the July 7 meeting, committee members discussed a number of potential areas to consider if the code is to be amended. In addition, committee members asked staff to indicate if these suggestions would require a code amendment or could be implemented administratively. LUTC Suggested Code Amendments: · Allow signs in right of way on a short term basis. · Develop alternatives to'fines for illegal signs. · Require contact information on signs placed in right of way. . Establish a city sponsored "banner" for public events. i I r-... ,...".. , " . s.. ,': I , ,- --~' - "",.,,~. 1:.., \. i ~ n --~ PAGE....5..0F~ LUTC Suggested Administrative Changes: · Reduce rigid enforcement/clarify right of way. a StatISolution: Use significant vertical structures (e.g. light standards; fire hydrants; signs) rather than flush or below ground structures (e.g. vaults) and beyond roadway maintenance areas to establish right of way enforcement areas. · Better manage city maintenance of right of way related to illegal sign pick up. a Staff Solution: Continue to instruct right of way maintenance staff and contractors to not pick up substantive signs in right of way. · Establish stakeholder group to assist with code amendments. Seattle-Kinl! County Association of REAL TORS SUl!l!ested Chanl!es The following is a summary ofSKCAR's suggested changes to the city's sign code addressing real estate signs in the right of way (refer to exhibit B). In addition to the current provisions for off site real estate signs located on private property (maximum ten per agent; separation of 200 feet; maximum six square feet per sign face; removed each day; only allowed between sunrise and sunset; seller or agent must be on site), the following changes are proposed to allow off site signs in the right of way. · Prohibit on trees, foliage, utility poles, regulatory signs, directional signs, government signs or informational signs. · May not interfere with vehicular, bicycle, wheelchair or pedestrian travel. · Shall not be placed on street median strips. · Shall not block traftic views, driveways or curb cuts. If the Council decides to amend city code to allow signs in right of way, City staff concurs with these types of additional regulations applied in a content neutral manner to all types of signs. Additional Staff SUl!l!ested Code Changes If the Council decides to amend city code to allow a variety of content neutral signs in right of way, City staff suggests consideration of the following in addition to LUTe and SKCAR recommended changes: · Establish specified performance or distances from sidewalks or street edge where no sidewalk exists. · Establish maximwn height requirements. · Limit hours to less than sunrise to sunset. · Restricted to "A" board signs and prohibit stake signs. · Prohibited in street side planter strips. · Require low cost "permit". · Issue "sticker" system for permitted signs to improve enforcement efforts. Policv Options EXHIBIT '--~~.~--- PAGE-'-OF--4!:- The following are three policy alternatives related to this issue: I. Amend city code to allow restricted use of public right of way tor signs and direct priority of the amendment in the Planning Commission work program (refer to exhibit G). 2. 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'" :;; -;;'E E ~ c::..<::';: OJ -0 ;;: .~ -g 3 ..2 '] .~ it:::: 0 0 :: ~ ~ -Bj ~::: ~ ~~. f'ij c::.o ~ z ~ 0 '" 0. c:: B:n '" oQ 0 " ;;. 0'0 ;;; ,,; ~ ~ ~ ~ .~'" :~ -s .;;;" 5''- ~ - ::: c:: - u 00 ~ en ., ;;. ~ <; ~ ... 0 ;:! ;:;.~ _~.5 ~ .5 t:: . a ...:- 0. 0.';:: ~ ~ ~ E '" = " 0. ;; ;: ~ '" ;; ~ ~ E -5 'Zi '" ~ iA ~ ~ ~ -0 -: -E ~ E o a ~ <> g ~ ..:= gaB c:: 2.;.;:; 3';;; ~ c....c ~ (; c::; t:: bD 0 0 0 - -- -------_.~--~_.~--'=-=-~ 00. <:> EXHIBIT J ~ PAGE-Ll.-OF~ 0.. ;::J VI ., -0 o U 1:: Ol) Vi c .S:! o :0 VI -;:: ::3 ...... o s o u Ol) r:: ~ -ci " 3 B '" o Z E - ~ ~ ~r=:~bO n. . ::1 .- c:; 1: -2 ~ -ci ~.~ c: ~ ~ cc:J~:<Jo -< ~ 5'dl~ F!J. ..........g-......... <I( Wi c.. ~ - 0::: u '" c o uo:: ~-< "'U ->!u -'l.. en u '" E ., 0 u~ 1A-< tOU ->!U -'l.. CIl ;>< < ~ Q o o ~ SEATTLE-KING COUNTY ASSOCIATION OF REALTORS' 12.410 Sf J 2.NO STREET, SUITE 100, BELLEVUE, WA 98005 l'H:(41.5)974-1011" WA:8oo.j40.J1.77. FAX: (41.5)974.1031. EMAfL: REALTOR@NWREALTOR.COM WEBSITE: WWW.NWREALTOR.COM IB REAUOR' EXHIBIT I PAGE I{OE It!. .~ LANGUAGE FOR PROPOSED AMENDMENT 22-1599 (d) (2) w. Real estate signs. I. Off-site. The number of off-site real estate signs shall be limited to LOper property per agent; provided, however, that there shall be a minimum separation of 200 lineal feet between such signs, except that signs may be placed less than 200 lineal feet apart when necessary to indicate a turn or change in direction of travel. The area of such signs shall be no greater than six square feet per sign face. All off-site real estate signs must be removed each day at the conclusion of the open house or other sales event and are permitted only between sunrise and sunset when the seller or the agent are in attendance at the subject property. 2. On-site. The number of on-site real estate signs shall be limited to one per agent per street frontage or public entrance if no street frontage exists. For dwelling units, the area of the sign shall be no greater than six square teet per sign face. For other uses and developments, the size shall not exceed 32 square teet per sign face. All on-site real estate signs must be removed when the sale closes, or in the case of a rental or lease, when the tenant takes possession. 3. Notwithstanding the provisions ofFWCC 22-1600 (14), 13-m, 13-\1 (Division L) and l3-Vl, the off-site real estate signs allowed by subsection l of this section, and the on-site dwelling unit real estate signs allowed by section 2 of this section, may be placed in the pubLic right-of-way, provided however: (i) they shalt comply \vith all other requirements ofFWCC 22-L955 (d) (2) (w), (ii) they shalt not be placed on (or attached to) trees, foliage, utility poles, re~uLatory signs, directional signs, government signs or informational signs the shall not be laced in a manner that interferes \vith vehicular bic de wheelchair or pedestrian travel. (tv) they shall not be placed on street median strips, (\I) they shall be outside of vehicular and bicycle lanes, and (vi) they shall not block traffic views, driveways or curb cuts. EXHIBIT e - REALTOR. -- is a regisren:d mark of rhe Narional Association of REALTORS" SEATTLE-KING COUNTY ASSOCIATION OF REALTORS' 12410 SE J 2NO STREET, SUITE 100, BELLEVUE, WA 98005 PH: (42.5) 974-!Ol l . WA: 800.540.P77 . fAX: (425) 974.!OJ2 EMAlL: REALTOR@NWRE.\LTOR.COM WEBSITE: WWW.NWREALTOR.COM m REALTOft EXHIBIT---1----~~_ .__ Prepared FO~ :.::i~i;;~;rFederal Way PAGE__OF-'t!.:- By The Seattle-King County Association of REAL TORS@ Regarding Off-Site Open House Signs July 7, 2008 Real Estate Signs: Constitutional Issues and Legal Considerations Freedom of Speech Real Estate signs fall within the constitutionally guaranteed right of Freedom of Speech. That guarantee is estabLished in both the First Amendment to the United States Constitution, and Article I, Section 5 of the Washington State Constitution. The First Amendment provides in relevant part that: "Congress shall make no law... abridging the freedom of speech... " It's interesting to note that the First Amendment's constitutional protection of Freedom of Speech applies to actions by the City regarding real estate signs because Speech is a Liberty lnterest protected by the 14th Amendment to the United States Constitution. The Washington State Constitution provides in relevant part: Article [ (Declaration of Rights), Section 5 (Freedom of Speech): "Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right" . Although [ am not a Washington lawyer, it's my impression that Article I, Section 29 of the Washington State Constitution makes the State constitutional guarantee of Freedom of Speech "Mandatory." I suspect it is a mandate that applies to the City, at least in part, because the existence of the City is only authorized pursuant to the provisions of Article Xl (ofthe same Washington State Constitution under which the Freedom of Speech is guaranteed). In analyzing Freedom of Speech cases, the Washington State Supreme Court said in State v. Lotze, 92 W2d 52 appeal dismissed 444 U.S. 921 (1979): EXHIBIT C. REALTOR' - is a registeced mark of rhe Narional Association of REALTORS" EXHIBIT "A statutory restraint imposed upon a First Amendment FreedorRAGIii~OF ~ presumption against its constitutionality. Freedman v. Maryland. 380 U.S. 51 (1965)." (emphasis added) , In addition to the Federal First Amendment constitutional protections, there appears to be a sufficient basis under State v. Gummll 106 Wn.2d 54 ( 1986) for Washington Courts to vindicate even stronger State constitutional protections of the speech than is provided under federal law. Of particular relevance in this regard are the following Gunwall Factors: · As can be seen by comparing the First Amendment with Section 5 of Article l, the textual language (of the parallel provisions regarding Freedom of Speech) in the Federal and State Constitutions is different. Those differences include a stronger aversion to prior restraint in the Washington Constitution which articulates a clear and expressed preference for post -publication remedies. · The history of the development of the parallel provisions is also different. The Federal Constitution appended Freedom of Speech protections in the First Amendment while the Washington State Constitution begins the very creation of constitutional government in Article 1 (under powers reserved to the states) with a Declaration of Mandatory Rights. · There are structural differences between the Federal and State Constitutions. The Federal Constitution grants government limited power authorizing it to exercise only those powers that are constitutionally enumerated. On the other hand, the State Constitution imposes limitations on the otherwise plenary power to do anything not expressly forbidden. · Article I, Section 29 of the Washington Constitution appears to create a particular state interest. Section 29 makes clear that the Declarations of Rights in Article [ of the Washington State Constitution are intended to create "Mandatory" protections guaranteeing Freedom of Speech from abridgement by a municipal entity that depends for its very existence upon the authorizations set forth in Article Xl of the Washington State Constitution. 'Commercial Speech' [s Protected Commercial speech is protected. There is no general First Amendment exception for Commercial Speech. Commercial speech is "speech that proposes a commercial transaction." Clearly, the temporary off-site open house signs that are currently permitted propose a commercial transaction. The United States Supreme Court has made it clear that commercial speech is protected under the Federal Constitution. See: Virginia Bd of Pharmacy v. Virginia Citizens Consumer Council, Inc.. 425 U.S. 748 (1976), Bigelow v. Virginia, 421 U.S. 809 (1975). ~ In Central Hudson Gas & Electric v. Public Servo Comm'n 447 US 557, 56PAOO.LU.OF ~ United State Supreme Court said: I EXHIBIT , "The First Amendment, as applied to the States through the Fourteenth Amendment, protects commercial speech from unwarranted commercial regulation. Virginia Pharmacy Board, 425 U.S. at 761-762. Commercial expression not only serves the economic interest of the speaker, but also assists consumers and furthers the societal interest in the fullest possible dissemination of information. [n applying the First Amendment to this area, we have rejected the 'highly paternalistic' view that government has complete power to suppress or regulate commercial speech. '[P]eople will perceive their own best interests if only they are well enough informed, and...the best means to that end is to open the channels of communication, rather than to close theIR..' Id., at 770; see Linmark Associates, Inc. v. Willingboro, 431 U.S. 85, 92 (1977)." (emphasis added) Interestingly, the Linmark case involved an attempt by the City of Willingboro to limit the use of on-site real estate signs. There is no general First Amendment exception for Commercial Speech. Commercial Speech is protected. The display of temporary Open House signs proposes a commercial transaction. Indeed, it is a commercial transaction for one of the true necessities of life: housing, a place to live, protection from the elements, a family's home. This Particular Commercial Speech ["volves a Critical Public Policv: Housin2 The measure of the true nature of the necessity of housing is reflected in the fact that every single level of government has huge financial and policy commitments to housing: · Federal Government The Federal Government has a huge commitment to housing in the forms of Title Vlfl of the Civil Rights Act of /968 as Amended by the Fair Housing Amendments Act of /988, the Department of Housing and Urban Development, V A loan programs, FHA loan programs, its support of housing with Community Development Block Grant monies, its sanction of the Home Loan Bank Board together with the 12 National Home Loan Banks, and its facilitation of the 'secondary financial markets' (including Fannie Mae, Ginny Mae and Freddie Mac) to ensure that financing is available for housing, to name but a few. · State Government At the State level, the measure of the true nature of the necessity of housing is reflected in the fact that the Growth Management Act (GMA) expressly includes housing as an enumerated goal. It also requires a separate mandatory Housing Element, not only in Countywide Planning Policies, but also in the comprehensive plan of every municipality covered by the Act, including the City of Federal Way. EXHISIT---L Moreover, rhe Stare has a financial commitment to housing by P.AGE~E - it ~- Program, The State Housing Trust Fund and the Washmgton Housmg Fmance Commission. [n addition, the State also has additional policy commitments to housing as reflected in the work of the various State and Gubernatorial Commissions whose sole focus is Housing Issues. · Local Gove.'nment At the Local Level, the Countywide Planning Policies (as well as GMA) requires that the comprehensive plan for the City of Federal Way must include a Housing Element. Further, the provisions of the City's Housing Element must be consistent with both the Countywide Planning Policies and GMA, The City also has a specific, quantified housing target under Appendix 2 of the Countywide Planning Policies, and a responsibility to plan to accommodate low and moderate income housing under Appendix 3 and the Housing Policies of the Countywide Planning Policies. Real Estate signs are commercial speech that is currently allowed, and which involves an absolute necessity of life: Housing. As explained in greater detail below, the free flow of commercial information about a proposed transaction for a necessity of life as important and fundamental as Housing does much more than simply promote intelligent market choice by consumers, and assist in reliable decision-making. Fair Housine The off-site real estate directional signs in question here are also essential - absolutely and critically essential - in the nation's ability to discharge the worthy spirit and mission of the Federal Fair Housing mandates. Title Vlll of the Civil Rights Act of /968 as Amended by the Fair Housing Amendments Act of /988 embodies the simple and morally correct position that our communities should be open to aU people. In December of 1988, the Federal Trade Commission issued a report entitled The Residential Real Estate Brokerage industry. That FTC report, which has been cited with approval by the United States Supreme Court [see: Ladue (1994)], points out the important contribution of real estate signs in opening communities to people in a way that is not discriminatory. The basis for the FTC's conclusion is obvious: Real estate signs are not only an important, inexpensive and effective means of marketing real estate, they are also discrimination proof. A real estate sign invites any person - regardless of race, creed, color, sex or national origin - to locate and consider the purchase or rental of the property that is available if they can afford it The real estate signs make it impossible for any real estate broker, landlord, owner or organization to deny thatthe property is available, and, hence, make discrimination substantially impossible. The Nature of the Sellers' and REAL TORS@' Commercial Speech It is worth noting that this commercial real estate-related speech: · [s not decepti ve · [s not misleading · 15 not inaccurate or false · [s not obscene or profane · [s not libelous or slanderous · Is not loud, raucous or noisy · Is not aggressive · [s not coerci ve · . [s not likely to incite violence · Is not conduct · Does not intimidate, and · Does not advocate unlawful conduct EXHIBIT , PAGE-8-0F~ Instead, it is a factually accurate message that helps a family to locate a home that is being offered [or sale. Cities Carry The Burden of Proof To Justifv A Reeulation of Speech [n regulating the constitutionally protected commercial speech in real estate signs, a city has two distinct and separate sets of burdens: The first set of burdens involves the legality of the restrictions on commercial speech. See: Central Hudson Gas & Electric v. PublicServ. Comm'n 447 US 557, 561-562 (1979). City's have the entire burden to prove: o That the regulation is content neutral o That it directly advances a 'compelling state interest,' and o That the proposed ordinance reaches no further than absolutely necessary to accomplish a 'compelling state interest' The second set 0 f burdens in vol ves the legality of the time, place and manner restrictions on commercial speech. See: Clark v. Community for Creative Nonviolence, 468 U.S. 288, 293 ( (984). A city has the entire burden to prove: o That the Time, Place and Manner restrictions are "narrowly tailored" o That the Time, Place and Manner restrictions advance a significant and compelling governtnental interest, and .0 That the Time, Place and Manner restrictions leave open ample effective alternative channels for communication of the information. I .' EXH1B\T .-'.~ '"- We will offer just a few observations on three of the most immediately r<IRAGliiwll-OF ~ theses standards: (I) The Lack of Effective Alternatives, (2) The Necessity For the City To Prove a "Compelling State [nterest", and (3) The Requirement that Any New City Regulations Must Reach No Further Than [s "Absolutely Necessary": 1. Lack of Effective Alternatives The available evidence demonstrates that the majority of buyers use the temporary open house directional signs to find the house that is for sale. An on-site sign does not get them to the house. Both the Federal Trade Commission, and the Supreme Court in the Ladue case, have expressed their belief that the alternatives to real estate signage are" ...far from satisfactory." This is critical for two reasons: (I) the lack of effective alternatives is a key element considered by Courts, and (2) the lack of effective alternatives also makes it much more difficult for the City to satisfy its legal burden of proof when attempting to justify its regulations. In the Sixth Circuit case of Cleveland Area Board of Realtors v. The City a/Euclid, the National Institute of Municipal Law Officers, the Ohio Municipal League and the Ohio Municipal Attorneys Association appeared Amici Curiae, The parties attempted to argue the availability of sufficient "new technology" alternatives including cable TV, computer billboards and the web/information superhighway. The Court was not persuaded by the argument. They lost. Newspapers are not targeted, are more expensive, and are not as effective because the place from which the message is delivered is far removed from the place where a sign would be located. In addition, unlike a sign, a newspaper cannot confirm for a reader (by the presence of the newspaper at the intersection) that the Buyer has reached the point when the direction of travel must change in order to progress towards the home that is for sale. The alternatives are more expensive, are not as effective, are unevenly available (especially among less affluent potential buyers), cannot be targeted as well, and are not as helpful for buyers because they do not have the same functional utility. 2. Necessity For the City To Prove a "Compelline State Interest" The city faces a very high burden in connection with its responsibility to justify any additional regulation of real estate signs. Any additional regulation (and any existing regulations) must be supported by a "compelling state interest." Earlier in this White Paper we made reference to the decisions of the United States Supreme Court in the Unmark and Ladue cases. Although the Ladue case involved on-site signs, I would note that the 'state interest' alleged by the City of Ladue stated, in part, that real estate signs: EXHIBIT I "...create 'ugliness, visual blight, and clutter, tarnish the natural bRAG~~ well as residential and commercial architecture, impair property values, substantially impinge upon the special privacy and ambience of the community and may cause safety and traffic hazards to motorists, pedestrians and children.''' These reasons were not sufficient to keep the City of Ladue from losing the case three times. 3. Ref!ulations Must Reach No Further Than Absolutelv Necessary Though not proposed here by the City of Federal Way, it may be worth mentioning that we believe requiring permits for Open House A-Board signs would violate the U.S. Supreme Court standard articulated in the Clark case. Because a permit constitutes a form of prior restraint, any city regulation will be granted no deference by the Courts. The City must justify any regulation under the microscope of the "Strict Scrutiny" test Bad Public Policy In addition, requiring permits for Real Estate Temporary Open House Signs would be bad public policy for several additional reasons: (a) Administering the permit system tends to cost more than cities are able to recover. In King County, only one city (Lake Forest Park) recently had a permit system, and they are unable to cover the cost of administering the program. The Council elimirtated the requirement. Kent used to have a permit requirement for Real Estate Open House Signs. They too eliminated the permit program because it just didn't work very well. The anticipated benefits weren't worth the problems it created. More recently, Auburn also considered a registration requirement and likewise chose not to go there. (b) In addition, many of the most severe costs (such as disruption of other work city staff is trying to get done) tend to be more onerous for the City than the financial shortfall. (c) The city isn't "open for business" to issue permits when many "open houses" get scheduled (Friday evening for a Sunday afternoon open house). Given the reasons families sell, the lack of access to permits when they are needed can be a real hardship on families that need to sell quickly. The City Can't Meet its Burden of Proof On Constitutional Issues By Usinf! A "Bootstrapping:" Arf!ument That Relies on The Practices of Other Cities [n attempting to meet its exclusive burden of proof, the City of Federal Way would not be able to satisfy the constitutional standards of review with a Bootstrap Argument that attempts to justify adding new regulations because some other city has one on the books. [t would be a serious EXHIBIT , -"_ ',_ mistake for any city to rely on a Bootstrap Argument that is groundedin~AGEtha'iGF ~ effort to restrict real estate signs with combined prohibitions on safe placement in the right-of- \vay and new enforcement policy (amounting to a defacto ban on off-site signs) would be constitutional if the City were relying upon the ordinance of a neighboring jurisdiction. Any city's defense of its sign ordinance will necessarily depend upon the strength or weakness of the totality or that city's O\\n record, and not the un-litigated record of another city_ There are no ordinances from neighboring jurisdictions with this City's record. There are no ordinances from neighboring jurisdictions that have been defended successfully before an appellate court. 80th the State Supreme Court and federal trial and appellate courts have ruled in favor of more commercial speech regarding off-premise signs, both in the Kitsap case, and in the 8allen case. The Ri2ht to Reach \VilIiu2 Listeners (It a Public Forum [mportantly, the combination of the City of Federal Way's prohibition on safely-placed off-site real estate signs in the public right-of-way, together with the City's new enforcement policy, effectively operates as a defacto ban - a ban that effectively, and unconstitutionally, prohibits the deli very and receipt 0 f all communicati ve commercial speech between real estate buyers, sellers and their respective agents using off-site real estate signs. In addition to the problems created for speakers, this also runs afoul of the right of speakers to reach wilting listeners. [n evaluating Freedom of Speech cases, the courts do not forget the right of speakers to reach \villing listeners_ As noted in footnote # I in the Policy White Paper we are submitting contemporaneously with these observations on the law, an analysis of the right to reach willing listeners in a public forum must begin with three observations: First, sellers and REAL TORS@ currently have the legal right to put up temporary off- premises open house directional signs. Those off-site signs have traditionally played an important role in the efficiency of our local real estate market, and in supporting the Federal Fair Housing amendments to the Civil Rights Act. Second, the Freedom o/Speech implies the right to reach willing listeners. The freedom would mean nothing if the City could require all communication to be made in places where nobody but the speaker was aware of the communication, or where the effect of the regulations is so extreme as to eliminate all, or most all, opportunities to place an off- site real estate sign within the City. Third, Washington's Constitution strongly favors remediation of violations rather than prophylactic prior restraint on constitutionally protected commercial speech. The right to communicate views to others on a street in an orderly and peaceable manner has been recognized by the United States Supreme Court in Hague v. c.ro.. 307 U.S. 496, 517 (I939). [nUS. v. Grace, 461 U.S. 171, 177(1982) the Court also said: EXHIBIT l-_~__~____~_ PAGE..2.l0F~ "[t is also true that 'public places' historically associated with the free exercise of expressive activities such as streets, sidewalks and parks, are considered, without more, to be 'public forums.''' In fact, the streets and sidewalks have consistently been considered a public forum. In Perry Educ Ass'n v. Perry Local Educators' Ass'n, 460 US 37,45 (1982) the United States Supreme Court said the streets are" ...quintessential public forums, the government may not prohibit all communicative activity." (emphasis added). See also: Burson v. Freeman. 504 U.S. 191 (1992); Boos v. Barry. 485 U.S. 312 (1988). The Washington Supreme Court also considers these to be public forums. In the Collier decision, Justice Guy, writing for the majority and relying upon Boos v. Barry, 485 U.S. 312 (1988), held that: "The parking strips in which Collier and his supporters placed his political signs lie between the 'streets and sidewalks' and thus are part of the 'traditional public forum.' Because these places occupy a special position in terms of First Amendment protection, the government's ability to restrict expressive activity is very limited. Boos v. Barry, 485 U.S. 312, 318, 99 L. Ed. 2d 333,108 S. Ct. 1157 (1988)." We note that in those situations when speakers have been denied this traditional public forum, the cases have tended to involve speech and conduct unlike anything associated with the REAL TORS@' placement of temporary open house signs; for example, cases involving intimidation, aggression, physical contact and conduct blocking the sidewalk in front of an abortion clinic. Other cases, such as City Council v. Taxpayers For Vincent, 466 U.S. 789 (1983), have involved stringing signs over utility wires, and posting of signs on utility poles. The REAL TORS@ do not advocate such conduct. Thank you tor the opportunity to offer these comments. Sincerely, SEA TILE-KING COUNTY ASSOCIATION OF REAL TORS@ ~p~ Sam Pace, JD, MBA, GRf Housing Specialist / /::,,"< ?::::;.\ SEATTLE-KING COUNTY ASSOCIATION OF REALTORS' [2.4[0 SE J2.N" STREET, SUHE [00, BU.LEVUE, WA 9800) PH: (4~5) 974-1O[{ " \VA: 800.)40.)1.77 " fAX: Cp.)) 97410P III EMAIC REALTOR@NWREALTOR.COM WE8SI'fE: W\'(!W. :-JWREALTOR.COM PEAuon' EXHIBIT . ,.---... ,,? A JVhite Paper fAGE-U-OF-Y!.:.. Prepared For The City of Federal \Va By The Seattle-King County Association of REAL TORS@ Regarding Off-Site Open House Signs July 7, 2008 \Vhy Real Estate Off-Premises Open House A-Board Signs Are Critical A family's home is not like stocks and bonds. Families don't wake up one morning, see that "the market is up" and decide to sell the roof that is over their head. Instead, it is usually a signi ficanr change in a family's personal circumstances that prompts a sale. What kinds of changes may prompt the purchase of a home, or the sale of a houser! A family is blessed by the birth of new children and needs a larger home. It may be a marriage. Or a divorce. There may have been a death in the family. It might be a job promotion A job transfer. Or it might be the result of getting laid-off at work, Often. the need to selll~~ immediate. or even urgent. Real Estate Signs Are Critically Impol'tant For' Sellers Safely-placed, portable, off-premises A-Board Open House residential real estate directional signs are critical for the families we serve who need to sell. The evidence from the Puget Sound Region is clear: families who need to sell, but who do not have effective access to these off-site signs, experience significantly longer marketing times. For example, the City of Mukilteo loosened its restrictions on real estate off-site Open House Signs after it learned that the its restrictive policy had increased marketing times by 22% compared to Everett, even though the cities share a signi ficant common border. For a family trying to sell a home, the longer Time on Market can have signi ficant financial consequences. If a family must carry multiple mortgage payments (or more likely both a mortgage payment and a rental payment) while they wait for their home to sell, it can be a real and substantial financial hardship on the family. ([the financial hardship causes the family to be unable to make multiple housing payments in a timely manner, the resulting blemishes on their credit report may make it very difficult for them to qualify for a new home loan. Alternatively, if they lack the resources to even attempt to make multiple payments they may not be able to move at all, despite what may be an urgent need to do so. REALTOR" - is a registered mack of the National Association of REfXfflSIT 1;) ~ -~ - EXHIBIT I they lack the resources to even attempt to make multiple payments the ~~soe!-~fo~ at all, despite what may be an urgent need to do so. [t's worth remembering that real estate markets go up, and come down. When stronger markets cool (which happens periodically, because markets are cyclical) the effect of such differences in the amount of time a home is on the market become even more onerous. On--premises Open House directional signs are also important for Sellers who want to sell their own property without aREAL TOR@. Candidly, there is a financial incentive for our industry to support the elimination of all open house signs in the right-of-way. Doing so would eliminate the most effective marketing tool available t() those families who want to sell For Sale Bv Owner, or FSBO (pronounced "tizz-bow"). How important are these signs for FSBO sellers? We suspect that they are at least as important to FSBO sellers as they are to REAL TORSK: The Real Estate Insider Report indicated that 75% of their survey respondents (real estate agents) identified signs as their most effective sales technique. Restricting a FSBO's opportunity to use these signs to direct people to their home that is for sale would be a significant step in the direction of giving REAL TORS@ a virtual monopoly on selling homes. It would help to ensure sellers would have fewer, if any, effective alternatives to engaging the services of a REAL TOR@. But market times would be longer for sellers, and finding a home would be much more difficult for buyers. As we explain below, it would also be inconsistent with the objectives of the /988 Federal Fair Housing Amendments to the Civil Rights Act of /968. REAL TORS@ might make more money, but that doesn't make it good public policy. We note that the city of Federal Way does not have an outright express ban on all off-premise residential real estate open house signs. However, the combination of the City's ban on signs in the right-or-way (the legal status of which is highly suspect) and the City's recently revised enforcement practices operate to create a defacto-ban on the potential for such off-site si~nage to be effective in communicating constitutionally protected commercial speech, both because there are few places such signage is now allowed, and where allowed it is often too far removed from willing listeners to be effective. I I In evaluating freedom of Speech cases, the courts do not forget the right of speakers to reach willing listeners. Analysis of the right to reach willing listeners in a public forum must begin with three observations: First, sellers and REAL TORS@ currently have the legal right to put up temporary off-premises open house directional signs. Those off-site signs have traditionally played an important role in the efficiency of our local real estate market, and in supporting the Federal Fair Housing amendments to the Civil Rights Act. Second, the Freedom of Speech implies the right to reach willing listeners. The freedom would mean nothing if the City could require all communication to be made in places where nobody but the speaker was aware of the communication, or where the eftect of the regulations is so extreme as to eliminate all, or most all, opportunities to place an off-site real estate sign within the City_ Third, Washington's Constitution strongly favors remediation of violations rather than prophylactic prior restraint on constitutionally protected commercial speech. The right to communicate views to others on a street in an orderly and peaceable manner has been recognized by the United States Supreme Court in Hague v. c.1.G.. 307 U.S. 4%. 517 (1939). [n US v. Grace, 461 U.S. 17[: [77 (1982) the Court also said: "It is also true that 'public places' historically associated with the free exercise of expressive activities such as streets. sidewalks and parks. are considered, without more. to be 'public forums. m EXHIBIT-L_ Real Estate Signs Are Also lncreasingly lmportant fopA6'E --il.') F .' National research studies demonstrate that 42% of all buyers used signs in locating the home they purchased. Even more important, however, 17% of all of the buyers found the home they purchased using ONL Y the signs. .., qt-.~~~ Those are national figures. The local data is also compelling. John L Scott Real Estate, Inc. (the second largest residential brokerage firm in Washington State and one of the largest firms in the nation) engaged the services of Hebert Research (a well-known and highly regarded research company located in Bellevue) to analyze the role of signs in the buying process. The Hebert Company's research revealed the following: In Western Washington. 50.5% of the buyers said that they found out about the open houses the.\! visited using the real estate signs (as opposed to using newspapers. their agent. brochures. weekly reports. referral by Fiends or jamily. television. or other means). It may also be worth noting that respondents who "... were 46-50 years old were significantly more likely to have found out about open houses by seeing signs when driving around... " A more extensive outline of legal issues supported by that research were supplied to the full City Council last week, prior to the referral of this issue to the Council's Committee. Bill Hurme of John L Scott's New Solutions Group summarized the results of research conducted by the Company regarding two new home communities that the firm represented. The first is in Renton, and the second is in Bellevue (on Cougar Mountain). [n Renton, 57% of the sales were to buyers who did not come to the site the first time with a real estate agent accompanying them. In Bellevue, where the new homes were priced between half In fact. the streets and sidewalks have consistently been considered a public forum. In Perry Educ. Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37. 45 (1982) the United States Supreme Court said the streets are "...quintessential public forums, the I!:overament may not prohibit all communicative activity." See also: Burson v. Freeman, 504 U.S. 191 (1992); Boos v. Barry. 485 U.S. 312 (1988). The Washington Supreme Court also considers these to be public forums. [n the Collier decision. Justice Guy. writing for the majority and relying upon Boos v. Barry. 48:5 US J 12 (1988), held that: "The parking strips in which Collier and his supporters placed his political signs lie between the 'streets and sidewalks' and thus are part of the 'traditional public forum.' Because these places occupy a special position in terms of First Amendment protection. the government's ability to restrict expressive activity is very limited. Boos v. Barry. 485 U.S. 312,318.99 L. Ed. 2d JJ3, 108 S Ct. 1157 (19.88)." More recently. when confronted with municipal limitations on commercial speech in the form of signs. both the Washington Supreme Court (in the Kitsap case) and both the Washington Federal District Court and 9th Circuit Court of Appeals (in the Ballen case) have vindicated entitlements to more commercial speech and signage. not less. In those situations when speakers have been denied these traditional public forums, the cases have tended to involve speech and conduct unlike anything associated with the REAL TORS'@ placement .of temporary open house signs; for example, cases involving intimidation. aggression. physical contact and conduct blocking the sidewalk in front of an abortion clinic. Other cases. such as City Council v. Taxpayers For Vincent, 466 U.S. 789 (1983) have involved stringing signs over utility wires. and posting of signs on utility poles. The REAL TORS@ do not advocate such conduct. EXHIBIT , _, H . ~.. and three-quarters of a million dollars, 83% were to buyers who did not cPmA:~F ~ time with a cooperating real estate agent accompanying them. Based on his experience of more than 20 years selling new homes, Mr. Hume estimates that: "..fe~\.-'er than halfof the customers who have outside agents or bayer's agents come to the community the first time with their agent. In fact. it's almost certainly under 30%." Many buyers use the off-premises directional signs to search independently for a home, and then contact aREAL TOR@ to represent them only after they have identified a property in which they arc interested. The off-premise signs that direct them to the properties playa critical function in this dynamic. Finally, as it rdates to buyers, there is one other group that makes extensive use of the signs: First Time Buyers. Buying their first home is a big, big, step for many families. This is especially true when the average sales price in King County (for single family homes and condominiums combined) that closed last month (June 2008) was $502,727 (Data for June 2008 released earlier today by the NWMLS). These kinds of prices can scare the daylights out of First Time Buyers. Not surprisingly, many First Time Buyers prefer to tip-toe gently into the raging torrent of our current real estate market. By using the off-premise signs to locate homes that are for sale (and which may be tucked away in a cul-d-sac or on a dead end road far from any arterial street), they can attempt to get a sense of the market at their own pace, instead of being in the car with an agent. Real Estate Signage Plays a Critical Role in Fair Housing Title VIll of the Civil Rights Act of 1968 as Amended by the Fair Housing Amendments Act of /988 embodies the simple and morally correct position that our communities should be open to all people. rn December of 1988, the Federal Trade Commission issued a report entitled The Residential Rea! Estate Brokerage Industry. That FTC report, which has been cited with approval by the United States Supreme Court [see: Ladue (1994)], points out the important contribution of real estate signs in opening communities to people in a way that is not discriminatory. The basis for the FTC's conclusion is obvious: Real estate signs are not only an important, inexpensive and effective means of marketing real estate, they are also discrimination proof. A real estate.sign invites any person.- regardless of race, creed, color, sex or national origin - to locate and cQnsider the purchase or rental of the property that is available if they can afford it The real estate signs make it impossible for any real estate broker, landlord, owner or organization to deny that the property is available, and, hence, make discrimination substantially impossible. EXHIBIT' _' Safely-placed temporary Open House A-Board signs provide an importafi? AGm~g) F_4t!~~ about where, and how, to find the property that is available. As demonstrated above, and by the materials submitted to the City Council last week) that proposition clearly born out by the available data. The City should restore the right of sellers and REAL TORS@ to make effective use off-site Open House signs because doing so facilitates achievement of the objectives of the Federal Fair Housing act. Consistency in Off-premises Real Estate Signage Regulations Is Important For the Real Estate Industry The majority (if not most) of cities in King County allow placement of temporary off-site Open House A-Board directional signs in, or on the periphery of, the right-of-way with the following kinds of restrictions: · They may not be placed on (or attached to) trees · They may not be placed on (or attached to) foliage · They may not be placed on (or attached to) utility poles · They may not be placed on (or attached to) regulatory signs · They may not be placed on (or attached to) directional signs · They may not be placed on (or attached to) informational signs · They may not interfere with vehicular, bicycle, wheelchair or pedestrian travel · They must be outside of vehicular lanes · They must be outside of bicycle lanes · They must not block traffic views · They may not block driveways · They may not block curb cuts · They may only be in place between dawn and dusk, and must be picked up at the end of each day · They may not exceed six square feet per side in area, and 36 inches in height · They may not be used unless the (real estilte) agent or seller is physically present at the property that is for sale or rent These are all reasonable restrictions we can live with, and which the cities have a demonstrated ability to live with. They strike a reasonable balance between the need of families to get their homes sold, or to find a new home, and the cities' need for public safety. It is an approach that has worked pretty well. We recommend and support such an approach. Additionally, we note that such an approach is consistent with FWCC 22-1956 which includes the tollowing purposes of signage which have been acknowledged in ordinance by the city of Federal Way: o Recognize the visual communication needs ofalt sectors of the community for identification and advertising purposes EXHIBIT~- o Protect the public health, safety, and welfare by regulating the p'ace~In\,G~A 0 F --'lL installation, maintenance, size, and location of signs o Support and enhance the economic well-being of all businesses within the city, and in particular recognize the needs of all businesses to identify their premises and advertise their products; As an industry, we believe that in recommending and supporting such an approach, we have a moral responsibility to try to meet cities at least halfway, and hopefully we can do even better than that. Part of our ability to do so means that our Association must recognize that we have an industry with significant turnover. ft's been said that: About a third of the people licensed by the state are on their way into, or are recent additions to, our industry; and Approximately an additional one third are solidly established in the business; and The remaining one third are on their way out of the industry. This Rule a/Thumb is probably not too far from the mark. The Multiple Listing Service statistics indicate that over time, members have averaged about .3 (note: that's point three) transactions per month. In other words, about one transaction every three months. Some will do better, and some will not do that welL Recently, on average, it's probably been a bit less than that. The commission on that one transaction every three months is usually divided evenly between the listing and selling brokerages. Typically, the agent receives one half of that apportioned amount, or 25% of the total commission. With a typical commission on an averaged priced King County home, the agent receives an average of about $2,513.64 per month. That's before 8&0 taxes, E&O insurance, cell phone and pager expense, car expense, laptop computers, PDAs, health insurance, mandatory continuing education expenses, MLS dues, REAL TOR@ dues and personalized marketing expenses. . Obviously, some are doing much better than average, but many are not doing that well and are forced by economic necessity to move on. Real Estate is a very tough industry with high turnover. One of the ways real estate agents are forced to respond to these economic realities is to "cover more ground" and be extremely flexible about how far they will travel for work. As a result, in the course of a single year an individual agent may work (list homes) in multiple jurisdictions ranging from Marysville or Snohomish on the North, to Tacoma or Graham on the South. They may also work between Snoqualmie on the East, and Federal Way or Normandy Park on the West. Consistency in the sign code standards becomes very important in facilitating compliance with city sign codes. EXHIBIT On the issue ifsignage, our Association tries to respond to these indus~~G~c~9F--ML ways: I -" First, we ask cities to adopt and retain more consistent standards regarding the right-of- way so that new agents (or agents working outside the city in which their office is located, don't have a significantly different set of sign code standards in each of the more than 40 jurisdictions in the region in which our members work. This is especially important considering that in King County alone there are now at 39 incorporated cities. [n fact, we believe the only county in the nation with more local government jurisdictions is Cook County (Chicago), fIIinois. Along with this White Paper we are providing the City with a document titled "LANGUAGE FOR PROPOSED AMENDMENT" that we believe would address the problems with the City's current approach to real estate signage, and do so in an appropriate, balanced and constitutional way. Second, we believe we ha\'e a responsibility to educate our members about the issues of signage. We take that responsibility very seriously. Examples of the kinds of efforts we make include: · Major lead articles in our industry newspaper, NW REporter, on safe sign placement, and new legal developments, · Articles on speci fic sign code requirements, · "Broker Updates" stressing legal sign placement, safety for vehicular and pedestrian traffic, and timely removal of open house signs; · Targeted e-mail updates to our 8,000+ members_ We can target faxes to specific problem areas; and · Distribution of information provided to our Association by City Code Compliance Officers. Third, we have established a new program to use peer pressure in concert, and in cooperation, with city code compliance 0 fficers. And we've added staff that help to ensure it works well. Cities can levy a fine, pick up a sign, or otherwise hold folks accountable if a problem is created. But candidly, we can offer an additional (and sometimes even more effective) "hammer" to the compliance "tool kit" available to your City's code compliance officers if they desire to make use of it. We have the systems in place to be of assistance. In addition to any other appropriate City action, if a code compliance officer observes a violation, the City's compliance officer can contact our Association's Public Affairs Department This is usually accomplished by calling or faxing David Crowell, the Director of Government and Public Affairs. Phone: (425) 974-1011. Fax: (425) 973- 1032. EXHIBIT , Upon receipt of the information, David Crowell faxes a rather RAGEst 1'-€)tF ----'l!.~....: t~ the offending agent's broker (the agent's boss) on Association letterhead, outlining the specifics of the situation and telling them their agent is creating a problem for the rest of the industry by engaging in sharp practices. David also includes either a summary, or the actual text, of the city's relevant sign code provisions. On behalf of the Association, we ask them to clean up their act, and immediately correct the problem. The code compliance officer also receives a copy of the letter so that he or she knows we have followed up quickly with the agent's Broker. That's not the kind of paperwork Brokers like to see coming across their desk. They don't appreciate an agent causing those kinds of problems. Brokers tend to respond to such information by "aggressively rolling the stone downhill." so to speak. By including a copy of the sign code provisions with David's letter, we also create the opportunity for the broker to have a "teachable moment" \vith the agent about the requirements of the sign code. (Having the entire real estate-related sign code provisions in a single section of the City's sign code is especially helpful in this regard, even though that may make the sign code appear to be longer). Our use of peer pressure is an approach that works, not only because the self policing is effective, but also because it provides the code compliance officers with an additional option to deal with any problems efficiently. We respect the fact that a code compliance officer's time is an asset, just like cash. In fact, the City pays for it with cash. Working together we can help to make their job easier and free up that resource for other kinds of city code compliance issues. David Crowell of the Association's staff can provide a sample of the kind of form we've put together for those code compliance officers who want to make use of this additional tool, as well as sample letters we've prepared to get the Broker's attention, and ring the agent's bell. We appreciate the opportunity to work with the City (both in addressing the new problems with the City's approach to its sign code, and in offering specific language to address those problems as they relate to real estate signs under FWCC) and to offer our assistance with our self-policing peer pressure program should the City desire to make use of it. Thank you for the opportunity to offer these comments. Sincerely, SEA TILE-KING COUNTY ASSOCIA nON OF REAL TORS@ ~p~ Sam Pace, 10, MBA, GRI Housing Specialist ~ SEATTLE-KING COUNTY ASSOCIATION OF REALTORS. 11.410 SE } 2NO STREET, SUITE 100, BELLEVUE, WA 98005 PH: (425) 974-(01 [ . WA: 800.540.)2.77 - FAX: (425) 974.[032 EMAIL: REALTOR@NWREALTOR.COM WE8SITE: WWW.NWREALTOR.COM m REALTOrt Testimony of Sam Pace Housing Specialist Seattle-King County Association of REAL TORS@ EXHIBIT I '~ P A.G E_nOF ---4-92- A. Uniqueness of the Good Being Adve..tised by Real Estate Signs L The location of the good (i.e., pl'operty) for sale is different with each sale. 2. Unlike signs advertising businesses or most goods and services, real estate signs are inherently temporary. B. Necessity of Real Estate Signs to the Home-Buying Process l. Real estate signs are essential to finding a home. a. The most common method (35.1 %) of searching for a home before meeting an agent is driving around neighborhoods. HEBERT RESEARCH, INC., JOHN L. SCOTT BUYERS AND SELLERS RESEARCH (EXECUTIVE SUMMAR Y), at 7 (Jan. 2001)_ b. Over half of buyers find the home they eventually purchase themselves. Ofthese, 43.9% find the home by driving around. HEBERT RESEARCH, INC., JOHN L. SCOTI BUYERS AND SELLERS RESEARCH (EXEcunVE SUMMAR Y), at 13 (Jan. 200 I); see also HEBERT RESEARCH, INC., JOHN L. SCOTI, at 19 (Feb. 2003) (where buyer, rather than agent or third party, finds home, it is by driving around neighborhoods 39% of the time ). c. The most common activity of prospective buyers - both before and after meeting and agent - is driving around neighborhoods (76% of respondents). HEBERT RESEARCH, INC., JOHN L. SCOTI, at 22, 23 (Feb, 2003 ), REALTOR- - is a registered mack of me Nationat Association of REAL~~IT ~ 2. Real estate signs are essential to finding open houses. ~~~I~j.~E--~ a. The most common method of finding information about open houses is driving around neighborhoods (58%). HEBERT RESEARCH, [Ne., JOHN L. SCOTT, at 29 (Feb. 2003) 3. Real estate signs atOe essential to finding a buyers' agent. a. For Sale signs are the third most common method of finding a buyer's agent. HEBERT RESEARCH, [Ne., JmiN L. SCOTT BUYERS AND SELLERS RESEARCH (EXECUTIVE SUMMARY), at 9 (Jan. 2001); see also HEBERT RESEARCH, INe.. JOHN L. SCOTT, at II (Feb. 2003). C. Necessity of Real Estate Signs to the Home-Selling Process l. After the l\lultiple Listing Set-vice, For Sale signs at'e considered the most effective method of advertising a house. HEBERT RESEARCH, lNC, JOHN L. SCOTT, at 60 (Feb. 2003)_ 2. For Sale signs are the third most common method of finding a seller's agent. HEBERT RESEARCH, lNe., JOHN L. SCOTT, at 12 (Feb. 2003). D. Inadequacy of Alternate Means of Communicating Home Sales 1. Case law recognizes that other means of communicating housing sales - e.g., newspaper advertisements, listing with agents - are not adequate because they involve higher costs and reduced autonomy. Linmark Associates. Inc. v. Township of Willingboro, 431 U.S. 85, 93 (1977); Cleveland Area Board of Realtors v. City of Euclid, 88 F.3d 382,388-89 (6th Cir. (996); Eastern Bergen County Board of Realtors, Inc. v. Borough of Fort Lee, 720 F. Supp. 51,54 (D. N.J. (989). 2. Internet advertising is not a substitute for real estate signs. a. After the Multiple Listing Service (MLS), having a sign in front of your home is considered the most effective method of advertising; the Internet is the third most effective method after the MLS. HEBERT RESEARCH, [Ne., JOHN L. SCOTT, at 60 (Feb. 2003). b. Driving around neighborhoods is the most common search method prior to meeting an agent; the Internet is the second most common method. HEBERT RESEARCH, INC, JOHN L. SCOTT BUYERS AND SELLERS RESEARCH (EXECUTIVE SUMMARY), at 7 (Jan. 200 I). c. Of buyers who find their home themselves, 43.90/0 find it by driving around neighborhoods; 22.2% find it on the Internet. HEBERT REsEARCH, INC, JOHN L SCOTT BUYERS AND SELLERS RESEARCH (EXECUTIVE SUMMARY), at 13 (Jan. 200l). .. d. EXHIBIT I __,~_T The most common method of finding info.'matiJ?AG~F ~ is driving around neighborhoods; the Internet is the third most common method. HEBERT RESEARCH, (NC, JOHN L. ScenT, at 29 (Feb. 2003 ). e. For Sale signs are the third most common method of finding a buyer's agent; the Internet is the eighth most common method. HEBERT RESEARCH, INC, JOHN L. SCOTT BUYERS AND SELLERS RESEARCH (EXEcunVE SUMMARY), at 9 (Jan. 2001); see also HEBERT RESEARCH, INC, JOHN L. SCOTT, at 11 (Feb. 2003) (third most common versus sixth most common). f. For Sate signs are the third most common method of finding a seller's agent; the Internet is the ninth most common method. HEBERT RESEARCH, (NC, JOHN L. SCorf, ar 12 (r~b. 2003). E. Importance of Real Estate Signs in Guaranteeing Equal Access to Housing 1. Real estate signs help prevent steering, i.e., showing a listing only to certain racial, social, or economic groups. See Greater Baltimore Board of Realtors v Hughes, 596 F. Supp. 906,923 (D. Md. 1984). 2. Real estate signs help prevent "panic selling." See Unmark Associates. Inc. v. Township of Willingboro, 431 U.S. 85, 96 n.lO (1977); City of Chicago v. Prus, 453 N.E. 2d 776,789 (III. App. Ct. 1983). 3. Real estate signs convey accurate information .'egarding matters of g.'eat importance to families and the greater community. See Unmark Associates. Inc. v. Township ofWil/ingboro, 431 U.S. 85,96 (1977); Greater Baltimore Board of Realtors v. Hughes, 596 F. Supp. 906, 925 (D. Md. 1984). F. Reduced Aesthetic and Safety Concerns with Real Estate Signs l. On-site realestate signs are self-policed by the resident, alleviating aesthetic and safety concerns common to other types of signs. See City of Ladue v. Gil/eo, 512 U.S. 43, 58 (1994), 2. On- and off-site signs are policed by SKCAR and other REAL TOR@ associations, alleviating aesthetic and safety concerns common to other types of signs. a. Through articles and broker updates, SKCAR and other REAL TOR@ associations routinely educate member agents and brokers about municipal code compliance and signage safety concerns. Examples of such publications, e.g., Real Estate Signs: EXHIBIT , -,~~ . : .~ Practice "Safe" Placement, SEATTLE-KING COUNTPAG~$OF_-"-!-:.-- REAL TOR@, Sept./Oct. 1994, at I. b. SKCAR's Public Affairs Department routinely works in concert with municipal code compliance officers to inform member agents of non- compliance and to correct or remove non-compliant signs. G. Heightened Protection for' On-Site Real Estate Signs 1. On-site real estate signs enjoy heightened p.'otection because they involve speech/rom the home. See City of Ladue v. GiUeo, 512 U.S. 43, 58 (1994)~ County Republican Comm. v. Arlington Coun()/, 790 F. Supp. 618,627 n.7 (E.D. Va. 1992), rev'd and vacated in part on other grounds, 983 F.2d 587 (4th Cir. 1993 ). Thank you for the opportunity to offer these comments. SEATTLE-KING COUNTY ASSOCIATION OF REAL TO RS!E) ~p~ Sam Pace, JD, MBA, GRl Housing Specialist Seattle-King County Association of REAL TORS@ 29839-154thAveSE Kent, W A 98042-4557 sa m pace(lV,concen tric. net Direct: (253) 630-5541 Fax: (253) 630-5542 Cell: (253) 569-2663 To: The City Council, City of Federal Way, Washington. &!,: 0Jz1ll(!U; &11 · , , tfrfi1 ~ ~;~I~~OF~ / (!)J;JLff-v . .{eM leJap~ 10 .(J,~ aJ1lJO SlfJa/:J .(J,j June 25, 2008. From: Marylyn Gates, ABS, Realtor, Windermere Real Estate South, Inc. Federal Way, Washington. If(]! BDOl 9. ~ NOr Tin (lJP 3J un D 31 :>> 3J (QJj t~ -/b '~~fy/~....€- - AM m&ij/lfJ -fr .~~~ -UJcu15 rf~ ~ -{),#rt~ Re: City Council Meeting July 1,2008, City Hall, 7:00p.m. · fC cc.1Yl.ed( - ihr j Dear Council Members, On behalf of the hard working Real Estate Agents in the City of Federal Way, I would like to put forward a proposal to amend the Sign Code Ordinance as it relates to Real Estate Open House Signs and Directional Arrows. Instead of the requirement to place signs beyond all utility easements, the code should be altered to read; that a time limit of 4 hours on weekends or weekdays, with the exception of new construction developments of 3 or more homes. They should be limited to 6 hours a day. Obviously none of the signs should cause an obstruction. I am curious how the City defines the "human" signs who stand on street corners waving aU kinds of signs - business advertising, open houses and political? They definitely cause obstructions. I would suggest that the current code requiring a detailed knowledge of every street in Federal Way's utility easement location is unreasonable. Especially when its adherence would necessitate placement in obscured or concealed locations, which of course obviates the reason for their use. Over the EXHIBIT F ~ EXHIBIT '. .. . ~~ PAGE &l2..0F~ past 4/5 years the public has had to put up witli very1illie of this signage because homes were selling with such alacrity that open houses for brokers or the public were unnecessary. In the past 6-12 months all this has changed. The inventory has increased 4 fold (see attached graph) and the sales have plummeted. This trend seems to have coincided with a Council directive to strictly enforce sign compliance. I am sure this order came from the sincerest of motives and was intended to stop the proliferation of signs affixed to utility poles, many of which were advertising many of the sharp practices that are currently the bane of our industry. I would like to think that the City would work with us to help its residents sell their homes thus increasing its revenue through the excise tax. This is potentially far more lucrative than charging hapless Real Estate Agents $5 per piece to redeem their signs! Agents have had to revamp their promotional techniques and are collaborating with each other to hold joint open houses in a given area. This comes with the hope that it will encourage more potential Buyers and/or Agents to view the inventory, particularly if they can see several homes in close proximity. With this comes the proliferation of signs, but it is rarely for more than 2-2.5 hours at weekday lunchtimes for Broker/Agents and a maximum of 4 hours for the general public on weekends, with the exception of new construction locations who often man their sites for longer periods. You might want to contact representatives of the latter for their view of what is equitable. If the current enforcement persists we will have to advise our Sellers that it will be of little use to hold Open Houses of any kind because we cannot direct people to their homes. I would just ask you to imagine how you would feel if you were trying to sell your home in these challenging times. j ,- EXHIBIT . .~. . C. PA~E "l0F_~ As the Ity, at my request, was kind enough to cnangeThe SIgn Code a couple of years ago when the workability of the existing restrictions was questioned, I have no doubt that it will again. However, we do not have the 18 months to 2 years it took on that occasion if both the City and Real Estate Professionals are to appropriately serve the residents. So, while we go through the necessary steps, I would ask the Council to direct the Compliance Department to show some considerate discretion concerning O'pen House signs and directional arrows. If necessary, incorporate the "hours" limitations for Open House signs, ensuring of course that they do not block walkways, and allowing freestanding directional arrows within the easements if that is the only visible area. To finish, all this was precipitated by a complete abduction of all signs from 3 different agencies that were collaboration on lunchtime Open House Tour for Agents lasting only 2 hours on June 18, 2008. The irony is that on June 19th, my Windermere Office engaged in our annual Community Service Day. For the second year in a row we worked on the overgrown area in Steel Lake Park, near the skateboard facility, which had become notorious for criminal activities. I thank you for the opportunity to present this proposal. Sincerely, /~ -* * WUldEirn1ere Facts and Trends™ Location: ZIP 98003 , ZIP 98023 Months of Inventory Based on Closed Sales Price Range: $0 - No Limit SOFT Range: 0 . No limit Single Family Homes - All Property Statuses - All Properties EXHIBIT t---,--~- , ~~ PAGEJt*:)F_~!~- Prepared for you by: Marylyn Gates · Published Jun. 2008' . Based on Closed Sales 14 13.1 12 >- ~ o J- Z W > Z LL o (f) I J- Z o :?E 10 8 6 4 2 o 3/07 4/07 5/07 6/07 7107 9107 9/07 10107 11/07 12/07 1108 liOS 3/08 4/08 5/08 Copyright @Trendgraphix. Inc. -All repottS are published Jun. 2008. based on data a"'adabte at the end of Mar. 2008 fhls representalion is based in wtlote Of in part on data suppfied by the NWMlS_ Ne4her the Board oc its MLS guarantees or ls irl any wav tesponsble for its accuracy. Data maintdlined by the Board or its MlS may not refted at real estate adMty In the market Report rdects acbvity by aU brokers participated fn the U1...S THIS CHART SHOWS THE NUMBER OF MONTHS IT WOULD TAKE TO SELL THE CURRENT INVENTORY COMPARED~'WITH MARCH, 07. i.e. 3.4 Mouths compared to 12.8 months currently. Y1i:aOO!~. Mf:tl~ o i...lasstc Federal Way Signs From: "Sam Pace" <sampace@concentric.net> To: mjgatesre@yahoo.com EXHIBIT I PAGE1JS~Xj~O~ ~~._~ In evaluating Freedom of Speech cases, th~ courts do not forget the right of speakers to reach willing listeners. Analysis of the right to reach willing listeners in a public forum must begin with three observations: First, sellers and REAL TORS@ currently have the right to put up temporary off-premises open house directional signs. Second, the Freedom of Speech implies the right to reach willing listeners. The freedom would mean nothing if the City could require all communication to be made in places that made it very difficult for the speaker was aware of the communication. Third, Washington's Constitution strongly favors remediation of violations rather than prophylactic prior restraint on constitutionally protected commercial speech. The right to communicate views to others on a street in an orderly and peaceable manner has been recognized by the United States Supreme Court in Hague v. C.l.O., 307 U.S. 496,517 (1939). In U.S. v. Grace, 461 U.S. 171, 177 (1982) the Court also said: "It is also true that 'public places' historically associated with the free exercise of expressive activities such as streets, sidewalks and parks, are considered, without more, to be 'public forums.'" In fact, the streets and sidewalks have consistently been considered a public forum. In Perry Educ. Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37, 45 (1982) the United States Supreme Court said the streets are .....quintessential public forums. the government may not prohibit aU communicative activity." See also: Burson v. Freeman, 504 U.S. 191 (1992); Boos v. Barry, 485 US. 312 (1988). The Washington Supreme Court also considers these to be public forums. In the Collier decision, Justice Guy, writing for the majority and relying upon Boos v. Barry, 485 U.S. 312 (1988), held that: 'The parking strips in which Collier and his supporters placed his political signs lie between the 'streets and sidewalks' and thus are part of the 'traditional public forum.' Because these places occupy a special position in terms of First Amendment protection, the government's ability to restrict expressive activity is very limited. Boos v. Barry, 485 U.S. 312, 318, 99 LEd. 2d 333, 108 S. Ct 1157 (1988)." More recently, when confronted with municipal limitations on commercial speech in the form of signs, both the Washington Supreme Court (in the Kilsap case) and both the Washington Federal District Court and 9th Circuit Court of Appeals (in the Ballen case) have vindicated entitlements to more commercial speech and signage, not less. In those situations when speakers have been denied these traditional public forums, the cases have tended to involve speech and conduct unlike anything associated with the REAL TORS'@ placement of temporary open house signs; for example, cases involving intimidation,aggression, physical contact and conduct blocking the sidewalk in front of an abortion clinic. Other cases, such as City Council v. Taxpayers For Vincent, 466 U.S. 789 (1983) have involved stringing signs over utility wires, and posting of signs on utility poles. The REAL TORS@ do not advocate suctl conduct. THE PROCESS FOR RETRIEVING SIGNS FROM THE CITY As experienced by Maureen Donhauser of Windermere West Campus. Go to City Hall. EXHIBIT ,______ Fill out a form describing sign(s). PAGE_~O~ ~.!~=' Wait for a City Staff person to call you. Despite the aforementioned form, you will be asked to describe the sign(s) you are looking for. Make an appointment to pick up the sign(s). Return to City Hall at the appointed time, fill out another form. Pay the Clerk $5 per sign and wait for a receipt. You will be given a printed sheet on the Sign Code to read. However, if you have a question on the Code the Clerk will tell you that you have to leave, call in and make an appointment to come back in to have any questions answered. If you didn't realize immediately that the City took your sign, you have only 2 weeks before they destroy the sign without any notification - despite the fact that your name, the company's name and your telephone number are on the sign! In our office you have to order a minimum of 6 signs at a cost of $200! 9. 10. 1. 2. 3. 4. 5. 6. 7. 8. ~ CITY OF ~ Federal Way EXHIBIT B EXH 18' T____1.____ PAGEJtIoF~ 2008 PLANNING COMMISSION WORK PROGRAM A. ITEMS TO BE CARRIED OVER INTO 2008 1. Significant Trees, Vegetation Retention, Clearing and Grading - This involves a review of and amendment to the current City of Federal Way zoning and subdivision code requirements related to the preservation of significant trees, vegetation retention, and site grading. 2. South 356th Subarea Plan - This is a study to determine whether the Single-Family Residential (RS) 15.0 designated parcels located south ofSW 356lh Street and west of I,t Avenue South should be considered for higher density. B. New CODE AMENDMENTS I. Amendment to increase building height m the City Center-Core (CC-C) and City Center-Frame (CC-F). These amendments may be expanded to also address increased building height in the Community Business (BC) and Neighborhood Business (BN) zones depending on the scope of technical and environmental analysis needed. 2. Amendment related to the 120-foot maximum falfade length requirement of the Community Design Guidelines. As buildings become taller, there is a need for them to be longer and wider in order to retain appropriate bulk and scale. 3. Amendment to consider reducing how open space requirements are met in the CC-C and CC-F zones. The present open space requirement for residential development precludes efficient use of a site. This has become evident with the recent Symphony development. 4. Amendment to delete the maximum allowable density for senior housing in the BC zone. There is no maximum density requirement in other commercial zones (CC-C and CC-F) which allow senior housing. In addition, other development standards such as maximum height, and required parking, landscaping, and water detention requirements are sufficient to cap density. 5. Amendment to FWCC Chapter 20, "Subdivisions," and Chapter 22, "Zoning," to incorporate Low Impact Development (UD) techniques. The City has recently received technical assistance from the Puget Sound Partnership, which will be in the form of reviewing our codes and proposing code amendments to implement LID techniques. Land Uselfransportation Committee (LUTe) Staff Report Exhibit B, 2008 Planning Commission and Long Range Planning Work Program Meeting Date: December 17, 2007 Page lof2 EXHIBIT <:, ~. EXHIBIT____.l._ _ 6. Amendment to allow home occupation day cares in an existing noncoIrttAG~id~,-)F_-4~"__ dwelling in commercial zones. This amendment is required to comply with state law~'~e- examine the home occupation provisions for clarity and applicability in more unique situations, such as Adult Family Homes. 7. Amendment to allow the Director of Community Development Services the flexibility to determine the allowable hours of construction on a case-by-case basis. Presently, work is not allowed under any circumstance from 8 p.m. to 9 a.m. on Sundays and holidays. There is sometimes a reason to grant permission to work at these times; for example, the Department of Transportation may need to engage in construction around the clock. 8. Amendment to adopt regulations allowing storage containers in non-residential and/or residential zones. The code is silent on allowing this use and there has been inquires about the use of containers, more commonly on commercial property and to a lesser extent on residential property. 9. Amendment related to allowing churches in all zones. Currently, churches are allowed in all residential zones and the BC, CC-C, and CC-F zones, but not in the BN, Professional Office (PO), Commercial Enterprise (CE), or Office Park (OP) zones. 10. Amendment to FWCC Chapter 22, Article XVlH, "Signs," to allow off site signs, such as banners, in order to better publicize major events in our city, such as the Federal Way Symphony concerts; Festival Days events; Red, White and Blue Festival; Centerstage plays; Han Woo Ri; etc. 1:\2008 Planning Commission Work Program\City CouncillExhibit B LUTe Recommendarion.doc Land UselTransportation Committee (LUTe) Staff Report Exhibit B, 2008 Planning Commission and Long Range Planning Work Program Meeting Date: December 17. 2007 Page 2 on E.... \j" "I /\ ~"".! i i- 2. -.. - PAGE September 3, 2008 7:00 p.rn. City of Federal Way PLANNING COMMISSION -. City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES April 23, 2008, and June 18,2008 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS . PUBLIC HEARING Portable Signs Code Amendment 7. ADDITIONAL BUSINESS 8. AUDIENCE COMMENT 9. ADJOURN Commissioners Merle Pfeifer, Chair William Drake Wayne Carlson Sarady Long Tim 0 'Neil (2nd Alternate) Hope Elder, Vice-Chair Lawson Bronson Tom Medhurst Kevin King (I" Alternate) KIPlanning Corrnnission\2008\Agenda 09-03-08.doc City Staff Greg Fewins, CDS Director Margaret Clark, Senior Planner E. Tina Piety, Administrative Assistant 253-835-2601 }Y...H11!yj(J!gjJ?4..?..I:EJ.I.l.>''fJy,.Qlm ~ CITY OF ....~~ Federal Way EXHIBIT 2- PAGE___~ 5 ........ ;;." .. -~.~ STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way City Code (FWCC) Chapter 22, Article XVIII, "Signs" File No. 08-103762-UP Planning Commission Meeting of September 3, 2008 I. BACKGROUND On August 5,2008, the City Council gave staff direction to prepare a code amendment to allow portable signs in the right-of-way. ll. DISCUSSION , Pursuant to Federal Way City Code (FWCC) Section 22-1599, portable signs are presently prohibited in the public right-of-way. This code arnendment would allow for portable signs while protecting public infrastructure and property and promoting traffic and traveler safety. The draft code arnendment is enclosed as Exhibit A. Language proposed to be deleted is shown as strikeout and proposed new language is shown as underline. Signs would be allowed in the right-of- way based on the following conditions: 1. Signs may not be affixed to the ground, by stakes or other means, nor attached to objects, such as stop signs or utility poles. 2. No rnore than two signs are allowed per person, event, or business. 3. Signs rnay not exceed six square feet per sign face. 4. Signs rnay not exceed 36 inches in height. 5. Signs are only allowed between the hours of 10:00 a.m. and 3:00 p.rn. and must be rernoved every day. 6. Signs shall not be located on the travelled portion of a roadway, in parking lanes, on sidewalks, in bicycle lanes, or placed in a rnarmer that interferes with vehicle, bicycle, wheelchair, or pedestrian travel or views. 7. Signs shall not be located in street medians or in street side planter strips. ill. STAFF RECOMMENDATION EXHIBIT_- L PAGEJ~JF S Staff recommends that the code amendment as outlined in Section II above and enclosed as Exhibit A be recommended for approval to the City Council. IV. REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text arnendment rneets the criteria provided by FWCC Section 22-528. 3. To forward a recommendation to City Council regarding adoption of the proposed zoning code text arnendment. V. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendrnents. The following section analyzes the compliance of the proposed zoning text arnendments with the criteria provided by FWCC Section 22-528. The City rnay arnend the text of the FWCC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. The proposed FWCC text amendment is consistent with the following Federal Way Comprehensive Plan (FWCP) goal: EDG-6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. The comprehensive plan encourages success of business in Federal Way as a general concept. The success of business has a direct impact to the City's tax base, which provides the money to provide City services and arnenities. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWCC text arnendments bear a relationship to the public health, safety, and welfare because the amendments will assist businesses in attracting custorners, but will not interfere with pedestrian or vehicle travel. In addition, limiting the number of signs and hours during which they be displayed will continue to promote a positive visual image of the City. Portable Signs Planning Commission Staff Report Page 2 EXHIBIT &. PAGE--4-JF-r~ -..... ~.. ... II: 3. The proposed amendment is in the best interest of the residents of the City. The proposed FWCC text amendments are in the best interest of the residents of the City because portable signs will help to attract custorners to business, sales, and other events thus supporting the City's vision of its economic development future. VI. PLANNING COMMISSION ACTION Consistent with the provisions ofFWCC Section 22-539, the Planning Commission rnay take the following actions regarding the proposed zoning code text amendrnents: 1. Recommend to City Council adoption of the FWCC text amendrnents as proposed; 2. Modify the proposed FWCC text amendrnents and recommend to City Council adoption of the FWCC text amendrnents as modified; 3. Recommend to City Council that the proposed FWCC text arnendrnents not be adopted; or 4. Forward the proposed FWCC text amendrnents to City Council without a recommendation. EXHIBIT Exhibit A - Federal Way City Code Chapter 22, Article XVIII, "Signs," with Proposed New Language K:\2008 Code Amendments\Portable Signs\Planning Commission\Planning Commission Staff Report.doc Portable Signs Planning Commission Staff Report Page 3 Exhibit A EXHIBI1_- 2.__ P AGE2u f--.S- '., ;C" . .. Amendments to Federal Way City Code (FWCC) Chapter 22, Article XVIII, "Signs" 22-1596 Purpose. (8) Provide controls on sign proliferation to preserve community scenic, econornic, and aesthetic values; ami (9) Provide for the elimination of billboard signs after a reasonable amortization period recognizing that billboards affect the aesthetic value of the community thereby reducing property values and impacting traffic safety because of the distraction that is created by large signage along public rights-of- way~~ nO) Protect public infrastructure and property within 1>ublic rights-of-way: and (11) Prornote traffic and traveler safety. including by reducing the nurnber of visual distractions. visual competition. and visual obstructions. 22-1600 Prohibited signs. The following signs or displays are prohibited in all zones within the city. Prohibited signs are subject to removal by the city at the owner's or user's expense pursuant to FWCC 22-1604: (14) Right af way signs ineh:1ding aL..ny sign ~in a public right-of-way except governrnental signs. and except portable signs that follow the requirements ofFWCC 22-1 599(d)(2)(cc). 22-1599 Permits. (d) Permit exceptions. (2) Exempt signs. A sign permit is not required for the following signs or rnodifications to signs; provided, however, that such signs shall cornply with all of the following requirernents: cc. Portable signs located in the public right-of-way subiect to the following standards: 1. Signs shall not be affixed to the ground. including through the use of stakes or other rneans that may damage property: 11. No rnore than two signs shall be allowed per business or event. and no person (including any agent thereof) rnay have more than two signs at anyone time: 111. Sign area shall not exceed six square feet per sign face or 36 inches in height: IV. Signs shall be allowed only between the hours of 10:00 a.m. and 3:00 p.rn. and rnust be rernoved each day: v. Signs shall not be 1>laced on or attached to other obiects. including but not lirnited to buildings. structures. trees. plants. utility poles. utility boxes. utility equipment. or other signs of any type: VI. Signs shall not be located on the travelled 1>ortion of a roadway. in parking lanes. on sidewalks. in bicycle lanes. or placed in a rnanner that interferes with vehicle. bicycle. wheelchair. or pedestrian travel or views: and Vll. Signs shall not be placed in street medians or street side planter strips. K:\2008 Code Amendments\Portable Signs\Planning Commission\080608 Draft Language.doc , EXHIBIT - _.- Planning Commission RecommQ&(aC 'I-OF.....2. .. Amendments to Federal Way City Code (FWCC) Chapter 22, Article XVIII, "Signs" 22-1 Definitions Open house means an event in which an invitation is extended to all. inc/udin!!. but not limited to an occasion when a school. institution. or business is open for visitin!! and observation bv the public and a period of time durin!! which a house or apartment for sale or rent is held open for public viewin!!. 22-1596 Purpose. (8) Provide controls on sign proliferation to preserve community scenic, economic, and aesthetic values; afl:4 (9) Provide for the elirnination of billboard signs after a reasonable amortization period recognizing that billboards affect the aesthetic value of the community thereby reducing property values and irnpacting traffic safety because of the distraction that is created by large signage along public rights-of- way~~ (10) Protect public infrastructure and property within public rights-of-way; and (11) Prornote traffic and traveler safety. including by reducing the number of visual distractions. visual cornpetition. and visual obstructions. 22-1600 Prohibited signs. The following signs or displays are prohibited in all zones within the city. Prohibited signs are subject to rernoval by the city at the owner's or user's expense pursuant to FWCC 22-1604: (14) Right of way signs ineluding at!ny sign ~in a public right-of-way except govemrnental signs. and except portable signs that follow the requirernents of FWCC 22-1599( d)(2)( cc ). 22-1599 Permits. (d) Permit exceptions. (2) Exempt signs. A sign permit is not required for the following signs or rnodifications to signs; provided, however, that such signs shall cornply with all of the following requirernents: cc. Portable signs located in the public right-of-way subiect to the following standards: i. Signs shall not be affixed to the ground. including through the use of stakes or other means that rnay darnage property; 11. No rnore than two signs shall be allowed per business or event. and no person (including any agent thereof) rnay have rnore than two signs at anyone tirne except that ei!!ht open K:\2008 Code Amendments\Portable Signs\LUTC\Planning Commission Recommendation (2).doc EXHIBIT 3 ._~--~ PAGE~O~ house sif!ns mav be vermitted ver business. event. or af!ent; Sign area shall not exceed six square feet per sign face tw nor 36 inches in height: 111. Signs shall be allowed only between ;,718 ,7UWi"8 8.: !(}:(J(J al.m. gUlf] 3:()(} Y.H!. sunrise and sunset and rnust be rernoved each day; IV. Signs shall not be placed on or attached to other obiects, including but not lirnited to buildings, structures, trees, plants, utiIity poles, utility boxes, utility equipment, or other signs of any type; v. Signs shall not be located on the travelled portion of a roadway, in parking lanes, on sidewalks, in bicycle lanes. or placed in a rnanner that interferes with vehicle, bicycle, wheelchair, or pedestrian travel or views; and VI. Signs shall not be placed in street rnedians or street side planter strips. K:\2008 Code Amendments\Portable Signs\LUTC\Planning Commission Recommendation (2).doc . REAlTOR~ ... . I' r 11' 1-1 -- ",~ )' ~ ~' '. "~' ---------~ E'~'H-" . F~ Seattle-King County Association ~~~q@ 12410 SE 32nd Street, Suite 100, Bellevue, WA 98005 (425) 974-1011 . WA TF: (800) 540-3277 . Fax: 425-974-1032 . Testimony of Sam Pace Housing Specialist Seattle-King County Association of REAL TORS@ A. Uniqueness of the Good Being Advertised by Real Estate Signs 1. The location of the good (i.e., property) for sale is different with each sale. 2. Unlike signs advertising businesses or most goods and services, real estate signs are inherently temporary. B. Necessity of Real Estate Signs to the Home-Buying Process 1. Real estate signs are essential to finding a home. a. The most common method (35.1 %) of searching for a home before meeting an agent is driving around neighborhoods. HEBERT RESEARCH, INC., JOHN L. SCOTT BUYERS AND SELLERS RESEARCH (EXECUTIVE SUMMARY), at 7 (Jan. 2001). b. Over half of buyers find the home they eventually purchase themselves. Of these, 43.9% find the home by driving around. HEBERT RESEARCH, INC., JOHN L. SCOTT BUYERS AND SELLERS RESEARCH (EXECUTIVE SUMMARY), at 13 (Jan. 2001); see a/so HEBERT RESEARCH, INC., JOHN L. SCOTT, at 19 (Feb. 2003) (where buyer, rather than agent or third party, finds home, it is by driving around neighborhoods 39% of the time). c. The most common activity of prospective buyers - both before and after meeting and agent - is driving around neighborhoods (76% of respondents). HEBERT RESEARCH, INC., JOHN L. SCOTT, at 22,23 (Feb. 2003). 2. n r"HT l...l E Xr-:di.:..H ~-..,. - --- --;--- Real estate signs are essential to finding open hO~AGE....Ia.-OF ~ a. The most common method of finding information about open houses is driving around neighborhoods (58%). HEBERT RESEARCH, INC., JOHN L. SCOTT, at 29 (Feb. 2003). 3. Real estate signs are essential to finding a buyers' agent. a. For Sale signs are the third most common method of finding a buyer's agent. HEBERT RESEARCH, INC., JOHN L. SCOTT BUYERS AND SELLERS RESEARCH (EXECUTIVE SUMMARY), at 9 (Jan. 2001); see also HEBERT RESEARCH, INC., JOHN L. SCOTT, at 11 (Feb. 2003). c. Necessity of Real Estate Signs to the Home-Selling Process 1. After the Multiple Listing Service, For Sale signs are considered the most effective method of advertising a house. HEBERT RESEARCH, INC., JOHN L. SCOTI', at 60 (Feb. 2003). 2. For Sale signs are the third most common method of finding a seller's agent. HEBERT RESEARCH, INC., JOHN L. SCOTI', at 12 (Feb. 2003). D. Inadequacy of Alternate Means of Communicating Home Sales 1. Case law recognizes that other means of communicating housing sales - e.g., newspaper advertisements, listing with agents - are not adequate because they involve higher costs and reduced autonomy. Linmark Associates, Inc. v. Township ofWillingboro, 431 U.S. 85, 93 (1977); Cleveland Area Board of Realtors v. City of Euclid, 88 F.3d 382, 388-89 (6th Cir. 1996); Eastern Bergen County Board of Realtors, Inc. v. Borough of Fort Lee, 720 F. Supp. 51, 54 (D.N.J. 1989). 2. Internet advertising is not a substitute for real estate signs. a. After the Multiple Listing Service (MLS), having a sign in front of your home is considered the most effective method of advertising; the Internet is the third most effective method after the MLS. HEBERT RESEARCH, INC., JOHN L. SCOTI', at 60 (Feb. 2003). b. Driving around neighborhoods is the most common search method prior to meeting an agent; the Internet is the second most common method. HEBERT RESEARCH, INC., JOHN L. SCOTT BUYERS AND SELLERS RESEARCH (EXECUTIVE SUMMARY), at 7 (Jan. 2001). c. Of buyers who find their home themselves, 43.9% find it by driving around neighborhoods; 22.2% find it on the Internet. HEBERT RESEARCH, INC., JOHN L. SCOTT BUYERS AND SELLERS RESEARCH (EXECUTIVE SUMMARY), at 13 (Jan. 2001). d. EXHIBIT~ . : The most common method of finding inf~out ~e~~...~' - is driving around neighborhoods; the Internet is the third most common method. HEBERT RESEARCH, INC., JOHN L. SCOTT, at 29 (Feb. 2003). e. For Sale signs are the third most common method of finding a buyer's agent; the Internet is the eighth most common method. HEBERT RESEARCH, INC., JOHN L. SCOTT BUYERS AND SELLERS RESEARCH (EXECUTIVE SUMMARY), at 9 (Jan. 2001); see also HEBERT RESEARCH, INC., JOHN L. SCOTT, at 11 (Feb. 2003) (third most common versus sixth most common). f. For Sale signs are the third most common method of finding a seller's agent; the Internet is the ninth most common method. HEBERT RESEARCH, INC., JOHN L. SCOTT, at 12 (Feb. 2003). E. Importance of Real Estate Signs in Guaranteeing Equal Access to Housing 1. Real estate signs help prevent steering, i.e., showing a listing only to certain racial, social, or economic groups. See Greater Baltimore Board of Realtors v. Hughes, 596 F. Supp. 906, 923 (D. Md. 1984). 2. Real estate signs help prevent "panic selling." See Linmark Associates, Inc. v. Township ofWillingboro, 431 U.S. 85,96 n.10 (1977); City of Chicago v. Prus, 453 N.E. 2d 776, 789 (Ill. App. Ct. 1983). 3. Real estate signs convey accurate information regarding matters of great importance to families and the greater community. See Linmark Associates, Inc. v. Township ofWillingboro, 431 U.S. 85,96 (1977); Greater Baltimore Board of Realtors v. Hughes, 596 F. Supp. 906, 925 (D. Md. 1984). F. Reduced Aesthetic and Safety Concerns with Real Estate Signs 1. On-site real estate signs are self-policed by the resident, alleviating aesthetic and safety concerns common to other types of signs. See City of Ladue v. Gilleo, 512 U.S. 43, 58 (1994). 2. On- and off-site signs are policed by SKCAR and other REAL TOR@ associations, alleviating aesthetic and safety concerns common to other types of signs. a. Through articles and broker updates, SKCAR and other REAL TOR@ associations routinely educate member agents and brokers about municipal code compliance and signage safety concerns. Examples of such publications, e.g., Real Estate Signs: . EXHIBIT 4 Practice "Safe" Placement, SEATTLE-KINPJ.\~ASS~AO>~ -. ~ ~ .--...... REALTOR@, Sept/Oct. 1994, at 1. ~ ~_ b. SKCAR's Public Affairs Department routinely works in concert with municipal code compliance officers to inform member agents of non- compliance and to correct or remove non-compliant signs. G. Heightened Protection for On-Site Real Estate Signs 1. On-site real estate signs enjoy heightened protection because they involve speech/rom the home. See City of Ladue v. Gilleo, 512 U.S. 43, 58 (1994); County Republican Comm. v. Arlington County, 790 F. Supp. 618, 627 n.7 (RD. Va. 1992), rev'd and vacated in part on other grounds, 983 F.2d 587 (4th Cir. 1993). Thank you for the opportunity to offer these comments. SEATTLE-KING COUNTY ASSOCIATION OF REALTORS@ ~p~ Sam Pace, JD, MBA, GRI Housing Specialist Seattle-King County Association of REAL TORS@ 29839 - 1 54th Ave SE Kent, W A 98042-4557 sampace(Q),concentric.net Direct: (253) 630-5541 Fax: (253) 630-5542 Cell: (253) 569-2663 '~,_'.'_ EXHI,BIT, .,~,-~-;,. '\Il~ ',,-. .' .' "\~ 11",1../ '.",";~L./.'.&,_.."- ': .,... j.\, ,,)1=' A\.:iE~Or ~';''':' Objectives Research Objectives: The primary purpose in conducting this research was to understand how buyers and sellers in the Seattle and Portland markets gather and use information and real estate agents in their home buying or selling process. The following objectives were addressed in conducting research for John L. Scott: 2. Measure ways of finding the buying and/or listing agent, including the Internet, and usage of the agent, including ~evels of satisfaction and relationship with agent. 3. Determine behavior prior to and after contacting an agent for each of the following activities: . Finding a home of interest . Driving around neighborhoods . Attending open houses . Use of property flyers . Use of Internet . Newspaper Ads . Homes Magazine 4. Gather additional information on each of those processes, including: . Where information on each process was found . How information was utilized - actions that resulted from it . Internet usage for different activities and reactions to web site features 6. Measure effectiveness of various types of advertising to selling a home. HEBERT RESEARCH, INC. Prtpartd by Annt-Marit DavidsonlCarlos Aragon/Jim Htbtrt ..:~~~.J'it\i;;i;;','; <:' """.r"'" John LScott Page 4 EXHIBIT___9-~__- .. PAGE~OF~ Methodology .. i'li',&li;.';;';,f,i1J!iA'lIi!&.:'J!'Jii .:',~~!jf..:~~J~~~~;, A total of 400 surveys were completed for John L. Scotl. Respondents were selected from a list of people who have bought or sold a home within the last 6 months. It was verified at the beginning that they had bought or sold a home. The response rate, which represents the proportion of the population who agreed to participate in the research, was 51.5%. The overall incidence rate, which represents the proportion of the population qualified to participate in the full survey, was 28.7%. The maximum margin of error at 400 respondents is +/-4.9%. Respondents were split between the Seattle and Portland markets, with 243 respondents from the Seattle area, and 157 from the Portland area. In order to ensure that the data collected represented the real estate universe, the data was weighted according to the actual market share of each real estate company within their market. So if a real estate firm had 18 percent of respondents, but 15 percent actual market share, a weight was applied to each respondent who used that company in order to bring their answers into the proportion of market share that company has. The data were analyzed using generally accepted univariate measures of central tendency and dispersion. In questions where multiple responses were indicated, the totals in the graphs or charts may be greater than 100%, and only the most frequently stated responses may be reported. A complete list of responses can be found in the technical documentation. Questions for which multiple responses were accepted will be identified throughout the summary. Hebert Research has made every effort to produce the highest quality research product within the agreed specifications, budget and schedule. The customer understands that Hebert Research uses those statistical techniques, which, in its opinion, are the most accurate possible. However, inherent in any statistical process is a possibility of error, which must be taken into account in evaluating the results. Statistical research can predict consumer reaction and market conditions only as of the time of the sampling, within the parameters of the project, and within the margin of error inherent in the techniques used. Evaluations and interpretations of statistical research findings and decisions based on them are solely the responsibility of the customer and not Hebert Research. The conclusions, summaries and interpretations provided by Hebert Research are based strictly on the analysis of the data gathered, and are not to be construed as recommendations; therefore, Hebert Research neither warrants their viability nor assumes responsibility for the success or failure of any customer actions subsequently taken. HEBERT RESEARCH. INC. Prepared by Anne-Marie DavldsonlCarlos Aragon/Jim Hebert _,' ;1~~i{~~lt~m~mi~~~~1~j~~it~~~~ . '.,:. .. John L. Scotl Page 5 ~;~k~o'fi .-: ent was Found Analysis The most common way to find a buying agent was through the referrals of friends and family (38%). This was followed by aIready knowing the agent themselves (22%), and calling the agent listed on a for sale sign (9%). The agent being a relative accounted for 8 percent. How Buying Agent was Found _ocIy know AgonI...... OIl .'". . CaIlod ...1 Found OIl ..,.- 10'.... -'un reI.tive ...... compe~ 1..",.1 24'110 18% U'llo e% 14'110 P% 7'llo 1% 1% I'llo ". e'llo a% 4% a% :l'llo 5% ". . 1% 2'llo :l'llo '''' 2'llo *Multiple Response Question HEBERT RESEARCH, INC. Prepared by AMe-Mam DavidsonlCarlos Aragon/Jim Heben ;~~. .:!.'I~lmi~~1m~~ifi:~i!i;f~~;jG . JohnL. Scott Page J1 Analvsis In finding the selling agent, already knowing the agent accounted for 28 percent of answers, followed by 21 percent who said the agent was referred by a friend or relative. Calling the agent on the for sale sign was done by 10 percent, while having worked with the agent on a previous transaction was true for 8 percent. 30% 25% . 1 20% 1 . I. 15% '0 3. . I 10% 5% How SelIlng Agent was Found 0% _on SolUng avo" Non- 1- 01 homo I omployer wan'" uaaclaliDn 3% 1% .% 2% .% 0% 2% 2% 2'" Ntw4y - ogonl "'" ZlI'" 21'" AoIoIM by "eont 1It\ocl WOl1<od wIlh COW.... triend or on lot .... ....., on .... rtoalivo IIgn ,.-.. _onr 111% 11% 11% I'ICo 21% 7% .% .% . 21% lO'lCo I'llo 5'ICo *Multiple Response Question ~:.L~~t~~-~ji':t,~y;[~!~;~::;~~!;::;!:j:;~i!1~lf:~;:[~:; John L Scoll Page ]2 HEBERT RESEARCH. INC. Prepared by Arua4-Marlt Da"idsonlCarlos """Bon/Jim Heben EXHIBIT_It . . . .~ PAGE~OF~ ~.ere B~~r~irst Saw Home . , ~:-'iJ'':/4\~''}.~,~" . Analvsis When the buyer was first to see the home (n=176), it was most commonly on the Internet (41%), followed by driving around the neighborhood (39%). Respondents in Seattle were more likely to use the Internet (46% to 35% of Portland respondents). Where the Buyer First Saw Home --.---...---.-----.----.-...-.--.....---..-...-.--....-----------.---------.----.-.-.-.---.....-.-.--..-....'-"-"-->---'-'-'-'---1 I 50% 45% 40% .ll 35% " . ... c: 30% 8. i 25% 'll . J 20% I II. 15'4 10% 5'4 0% . Selnll Polllancl Totll 511 U" 811 211 411 311 8ll 1211 11" ,'" 2'" ,'" Other answers: . Agent pulled listings off real estate site. (5) Agent. Someone else had the home and sold it to me. Bought from a friend. (2) Friend told me. Next door to the property. Just walking by. Grew up in it. On the Windennere website. On JLS website. . . . . . . . . . '.' "\x1tlr1:1t:"- Joh" L Scott Page 19 HEBERT RESEARCH. INC. Prepared by Anne-Marie DavidsolllCDrlos Aragon/Jim Hebel't EXHIBIT ~ee_~_~ PAGE-IO-OF~ Objective 3: Determine behavior prior to and after contacting an agent Activitiest:".,;'1jo.r,\!.CJo_! Fli,!:n~din A ent .~)_II- Analvsis Prior to meeting their agent, the most common activity was to drive around the l1eighborhood (76%), followed by searching the Internet (68%). Over half also picked up flyers from flyer boxes (59%) or looked through newspaper ads (56%). Forty-five percent each picked up Homes magazine or talked to friends or relatives. Respondents from Portland were more likely to do each of these activities than respondents from Seattle with the exception of driving around the neighborhood (equal), and searching the Internet (70% Seattle, 65% Portland). Activities Done On Own PRIOR to Meeting An Agent 80'4 70% 110% .!l " . " SO'4 1 .. l 40% '0 . J " 30% ~ . A. 20% 10% 0% ~, I To_Ill DRtw around - 11._"""",,_ FI'fot.- Ho..... ..~ _not In_per Ida tIyo,llo_ Open """', mogozlno triOllCla 01 ...- -- 75. 70. 53,. 55" 35,. 42" 36. POIllInd 7&" &5" &I" &5% 44" 49" 57" lOl" 7&. &8" 5&" 59" 3911 45" 45% OIhof None R,fusedlDon' k.- lOll 0lI III 0lI IllI 0lI 2" 2. 2" . Other answers: . Went through mortgage company. Agent found it for you. Searched on NW multiple listing service. Did not do anything. The agent did it all. Co-workers. Kept a lookout for homes. Called her and said I wanted a house. . . . . . . . \}1l~~~~~~~~ti~~~:~ HEBERT RESEARCH. INC. Prepared by Anne-Marie Da...idsonlCarl~ Aragon/Jim Hebert 1 i. i --l I John L Scott Page 22 ~~~~Jjf OF~ a · - Activi!~~ Analvsis After meeting an agent, driving around the neighborhood remained number one, at an identical 75 percent in Seattle and 78 percent in Portland. Searching the Internet was also still second. at 67 percent. Looking at flyers from flyer boxes (60%) and looking through the c1assifieds (46%) were next, followed by open houses (39%) and talking to friends or relatives (40%). Activities Done On Own AFfER Meeting An Agent SO'll. BO'II. 70'11. . i llO'll. t . !SO'll. . a: "0 . 40'11. Dl . i . I! 30'11. . IL 20'l10 10% 0% ! Oruw around S..fched ,.,...from .olD-- 1_"" Iyor boxe. .s._ 75'" 68'" 53'" p- 78'" 64'l1o 6B1I T_ 7B'lIo B7'l1o BO'lIo f _0'" 3'16 f>4'l1o 5'''' .s'llo 31111 H..... Olhot None ReluledlDan' moguine know 28'l1o .'" '3" 0" 38" 3'l1o '5" 1'lIo 32" ." ,." '16 =:~ra:= Open hOul. Other answers: . Went to houses that the realtor suggested. · Everything. . We just stayed with our agent. · We relied mostly on our agent to find our home. · Agent found it. . Went through his marketing system. . I told my agent what I wanted and he took care of it. . Looked at houses with in price range. · Continued to look. · She did it to the beginning to the end. (2) · Agent had listings. (4) · Co-workers. :: ,~.~~!tJ.~y John 1.. Scott Page 2J HEBERT RESEARCH. INC. Prepared by Anne-Marie DallidsonICArlOl AragOlllJim Hebert EXHIBIT ....It ,-': P AGE-Lla-OF.-n.:- Objective 4: .Additionallnformation on Behavior Open Houses Sources.p{~~~ ~ Analvsis Each activity section had additional questions that went with it. The first question asked of respondents who had attended open houses (n=ll7) was where they found the information about the open houses they attended. Over half (58%) found it while driving around the neighborhood. Nearly a third (30%) found it while looking through newspaper ads. The Internet accounted for 16 percent. "Other" answers primarily were getting information from their agent. Where found information on Open Houses 70'110 60% .!l 50% &: -! I 40% . . II: '0 i 30'110 i e l. 20'110 10'110 0% . lIe.hle Portland Tal., I _popotadl 1__ --- 01.... md 0lh0I' -,- 23" I'" 3" 0" 12" 4" 40110 12" 4" 2" IS" 5" 30110 I'" 4" I" 13" 4" *Multiple Response Question Other answers: · Brochures. · Real estate agent. (t 1) · Friend. · Walking around neighborhood. (2) · House signs on the road. (2) HEBERT RESEARCH, INC. PreptlTed by Anne.Marie DavidsonlCarlos Aragon/Jim Hebert ,-"l\M!MJi!e1r~ .'\};i!'"~~~~ John L Scott Page 29 EXHIBIT 4 __~ PAGE.1.!-OF...3L Objective 6: Measure Effectiveness of Various Types of Advertising Types of Advertising ~:;{~J.;~.;:t:~;.?;~J' ,", - ~. Analvsis The multiple listing service was considered by respondents to be the most effective form of advertising for your house (8.03), followed closely by having a sign in front of your house (7.78). The flyer box also had a fairly high interest rating at 7.58 overall. The Internet had the next highest average at 7.00. Open houses managed a moderate rating of 6.14, while all other' possibilities - newspaper ads, word~of-mouth, Homes magazine, and a personal web address - had averages below 5.30. Having a sign in front of your house was considered a "10" for effectiveness by 46 percent of respondent who make less than $60,000 a year, compared to only 25 percent of respondents with incomes in excess of $60,000. [Cramer's V=O.398} Sign in FrontoiHouse ......... Seattle . . ...... portland . . '. ()verall Low 6% 12% 9% Moderate 16% 26% 21% High 78% 62% 70% Average 8.04 7.50 7.78 Internet '. Seattle "', .. ,,~""'.Portland::. Overall. Low 15% 12% 13% Moderate 25% 38% 31% High 60% 50% 56% Average 7.17 6.80 7.00 Newspaper Ad ...:. . Seattle ..... . .'.Portland . . Overall Low 30% 20% 25% Moderate 53% 62% 58% High. 17% 18% 17% Average 4.92 5.54 5.22 Multiple Listing Service Seattle . Portland Ove;all Low 11% 2% 7% Moderate 27% 17% 22% High 62% 80% 72% Average 7.60 8.45 8.03 Open HOl,lse Seattle ..... "'.. Portlao.d. ... Overall '. Low 15% 24% 19% Moderate 42% 34% 38% High 44% 43% 43% Average 6.50 5.76 6.14 HEBERT RESEARCH, INC. Prepared by Anne-Marie 'Davidson/Carlos Aragon/Jim Hebert 'I~~a~i~d;i~,;'::~~;i;i(;!' John L Scott Page 60 EXHIBIT__._1..a.. ~ _' ~J.'. PAGEAOF: -. Flyer Box Seattle Portland Overall Low 6% 4% 5% Moderate 29% 31% 30% Hiah 65% 65% 65% Average 7.43 7.72 7.58 Word-Of-Mouth . . '. 'C". . . Seattle' . . '..c '. Portland ",c . Overall .. Low 28% 23% 26% Moderate 41% 51% 46% High 31% 26% 28% Average 5.30 5.26 5.28 Homes Magazine .. Seattle ' ' Portland Ove,all ," Low 34% 41% 38% Moderate 48% 45% 47% High 18% 14% 16% Average 4.66 4.26 4.46 Your Own Home Web ,'. ". . " . Address ' Seattle Portland. Overall " ,. Low 25% 31% 28% Moderate 44% 46% 45% High 31% 23% 27% Average 5.36 4.77 5.06 HEBERT RESEARCH, INC. p'npared by Anne-Marie DavidsonICarlos Aragon/Jim Hebert u T~l__l _. II ~~!:;'Y::,(::'jiji~~''.~ John L. Scott Page 61 ~~~~1toEl~: .~~ LANGUAGE FOR PROPOSED AMENDMENT 22-1599 (d) (2) w. Real estate signs. 1. Off-site. The number of off-site real estate signs shall be limited to 10 per property per agent; provided, however, that there shall be a minimum separation of200 lineal feet between such signs, except that signs may be placed less than 200 lineal feet apart when necessary to indicate a turn or change in direction of travel. The area of such signs shall be no greater than six square feet per sign face. All off-site real estate signs must be removed each day at the conclusion of the open house or other sales event and are permitted only between sunrise and sunset when the seller or the agent are in attendance at the subject property. 2. On-site. The number of on-site real estate signs shall be limited to one per agent per street frontage or public entrance ifno street frontage exists. For dwelling units, the area of the sign shall be no greater than six square feet per sign face. For other uses and developments, the size shall not exceed 32 square feet per sign face. All on-site real estate signs must be removed when the sale closes, or in the case of a rental or lease, when the tenant takes possession. 3. Notwithstanding the provisions of FWCC 22-1600 (14). 13-III. 13-V (Division 1) and 13-VI. the off-site real estate signs allowed bv subsection 1 of this section. and the on-site dwelling unit real estate signs allowed by section 2 of this section. may be placed in the public right-of-way. provided however: (i) they shall comply with all other requirements ofFWCC 22-1955 (d) (2) (w). (m they shall not be placed on (or attached to) trees. foliage. utility poles. regulatory signs. directional signs. government signs or informational signs (im they shall not be placed in a manner that interferes with vehicular. bicycle. wheelchair or pedestrian traveL (iv) they shall not be placed on street median strips. (v) they shall be outside of vehicular and bicycle lanes. and (vi) they shall not block traffic views. driveways or curb cuts. SEATTLE-KING COUNTY ASSOCIATION OF REALTORS. 12410 SE 32Nn STREET, SUITE 100, BELLEVUE, WA 98005 PH: (425) 974-1011 · WA: 800.540.3277 · FA~: (425) 974.1032 EMAIL: REALTOR@NWREALTOR.COM WEBSITE: WWW.NWREALTOR.COM lB REALTOR' eXHIBIT 'I. A White Paper F)AGE-"-OF~&' '"'__ Prepared For The City of Federal Way By The Seattle-King County Association of REAL TORS@ Regarding Off-Site Open House Signs July 7, 2008 Real Estate Signs: Constitutional Issues and Legal Considerations Freedom of Speech Real Estate signs fall within the constitutionally guaranteed right of Freedom of Speech. That guarantee is established in both the First Amendment to the United States Constitution, and Article I, Section 5 of the Washington State Constitution. The First Amendment provides in relevant part that: "Congress shall make no law...abridging the freedom of speech... " It's interesting to note that the First Amendment's constitutional protection of Freedom of Speech applies to actions by the City regarding real estate signs because Speech is a Liberty Interest protected by the 14th Amendment to the United States Constitution. The Washington State Constitution provides in relevant part: Article I (Declaration of Rights), Section 5 (Freedom of Speech): "Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right. " Although I am not a Washington lawyer, it's my impression that Article I, Section 29 of the Washington State Constitution makes the State constitutional guarantee of Freedom of Speech "Mandatory." I suspect it is a mandate that applies to the City, at least in part, because the existence of the City is only authorized pursuant to the provisions of Article XI (of the same Washington State Constitution under which the Freedom of Speech is guaranteed). In analyzing Freedom of Speech cases, the Washington State Supreme Court said in State v. Lotze, 92 W2d 52 appeal dismissed 444 U.S. 921 (1979): REALTOR- - is a registered mark of [he National Association of REALTORS- EXH' Brr----'I--- PAGE-'.1-Ji--_..A: "A statutory restraint imposed upon a First Amendment Freedom bears a heavy presumption against its constitutionality. Freedman v. Maryland, 380 U.S. 51 (1965)." (emphasis added) In addition to the Federal First Amendment constitutional protections, there appears to be a sufficient basis under State v. Gunwalll06 Wn.2d 54 (1986) for Washington Courts to vindicate even stronger State constitutional protections of the speech than is provided under federal law. Of particular relevance in this regard are the following Gunwall Factors: . As can be seen by comparing the First Amendment with Section 5 of Article I, the textual language (of the parallel provisions regarding Freedom of Speech) in the Federal and State Constitutions is different. Those differences include a stronger aversion to prior restraint in the Washington Constitution which articulates a clear and expressed preference for post-publication remedies. . The history of the development of the parallel provisions is also different. The Federal Constitution appended Freedom of Speech protections in the First Amendment while the Washington State Constitution begins the very creation of constitutional government in Article I (under powers reserved to the states) with a Declaration of Mandatory Rights. . There are structural differences between the Federal and State Constitutions. The Federal Constitution grants government limited power authorizing it to exercise only those powers that are constitutionally enumerated. On the other hand, the State Constitution imposes limitations on the otherwise plenary power to do anything not expressly forbidden. . Article I, Section 29 of the Washington Constitution appears to create a particular state interest. Section 29 makes clear that the Declarations of Rights in Article I of the Washington State Constitution are intended to create "Mandatory" protections guaranteeing Freedom of Speech from abridgement by a municipal entity that depends for its very existence upon the authorizations set forth in Article XI of the Washington State Constitution. 'Commercial Sveech' Is Protected Commercial speech is protected. There is no general First Amendment exception for Commercial Speech. Commercial speech is "speech that proposes a commercial transaction." Clearly, the temporary off-site open house signs that are currently permitted propose a commercial transaction. The United States Supreme Court has made it clear that commercial speech is protected under the Federal Constitution. See: Virginia Bd. of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U.S. 748 (1976), Bigelow v. Virginia, 421 U.S. 809 (1975). ""'-11 II n IT '-' EXHIBIT ,.., P AG E __'.1-,~ F__~'..~ .~.~ In Central Hudson Gas & Electric v. Public Servo Comm'n 447 US 557,561-562 (1979) the United State Supreme Court said: "The First Amendment, as applied to the States through the Fourteenth Amendment, protects commercial speech from unwarranted commercial regulation. Virginia Pharmacy Board, 425 U.S. at 761-762. Commercial expression not only serves the economic interest of the speaker. but also assists consumers and furthers the societal interest in the fullest possible dissemination of information. In applying the First Amendment to this area, we have rejected the 'highly paternalistic' view that government has complete power to suppress or regulate commercial speech. '[P]eople will perceive their own best interests if only they are well enough informed, and...the best means to that end is to open the channels of communication, rather than to close them...' Id., at 770; see LinmarkAssociates, Inc. v. Willingboro, 431 U.S. 85,92 (1977)." (emphasis added) Interestingly, the Linmark case involved an attempt by the City of Willingboro to limit the use of on-site real estate signs. There is no general First Amendment exception for Commercial Speech. Commercial Speech is protected. The display of temporary Open House signs proposes a commercial transaction. Indeed, it is a commercial transaction for one of the true necessities of life: housing, a place to live, protection from the elements, a family's home. This Particular Commercial Speech Involves a Critical Public Policy: Housinl!: The measure of the true nature of the necessity of housing is reflected in the fact that every single level of government has huge financial and policy commitments to housing: . Federal Government The Federal Government has a huge commitment to housing in the forms of Title VIII of the Civil Rights Act of 1968 as Amended by the Fair Housing Amendments Act of 1988, the Department of Housing and Urban Development, V A loan programs, FHA loan programs, its support of housing with Community Development Block Grant monies, its sanction of the Home Loan Bank Board together with the 12 National Home Loan Banks, and its facilitation of the 'secondary financial markets' (including Fannie Mae, Ginny Mae and Freddie Mac) to ensure that financing is available for housing, to name but a few. . State Government At the State level, the measure of the true nature of the necessity of housing is reflected in the fact that the Growth Management Act (GMA) expressly includes housing as an enumerated goal. It also requires a separate mandatory Housing Element, not only in Countywide Planning Policies, but also in the comprehensive plan of every municipality covered by the Act, including the City of Federal Way. Ext-nsr"L_ _..~__._~. Moreover, the State has a financial commitment to ~~@~A~ Program, The State Housing Trust Fund and the Washington Housing Finance Commission. In addition, the State also has additional policy commitments to housing as reflected in the work of the various State and Gubernatorial Commissions whose sole focus is Housing Issues. . Local Government At the Local Level, the Countywide Planning Policies (as well as GMA) requires that the comprehensive plan for the City of Federal Way must include a Housing Element. Further, the provisions of the City's Housing Element must be consistent with both the Countywide Planning Policies and GMA. The City also has a specific, quantified housing target under Appendix 2 of the Countywide Planning Policies, and a responsibility to plan to accommodate low and moderate income housing under Appendix 3 and the Housing Policies of the Countywide Planning Policies. Real Estate signs are commercial speech that is currently allowed, and which involves an absolute necessity of life: Housing. As explained in greater detail below, the free flow of commercial information about a proposed transaction for a necessity of life as important and fundamental as Housing does much more than simply promote intelligent market choice by consumers, and assist in reliable decision-making. Fair Housin2 The off-site real estate directional signs in question here are also essential - absolutely and critically essential - in the nation's ability to discharge the worthy spirit and mission of the Federal Fair Housing mandates. Title VIII of the Civil Rights Act of 1968 as Amended by the Fair Housing Amendments Act of 1988 embodies the simple and morally correct position that our communities should be open to all people. In December of 1988, the Federal Trade Commission issued a report entitled The Residential Real Estate Brokerage Industry. That FTC report, which has been cited with approval by the United States Supreme Court [see: Ladue (1994)], points out the important contribution of real estate signs in opening communities to people in a way that is not discriminatory. The basis for the FTC's conclusion is obvious: Real estate signs are not only an important, inexpensive and effective means of marketing real estate, they are also discrimination proof. A real estate sign invites any person - regardless of race, creed, color, sex or national origin - to locate and consider the purchase or rental of the property that is available if they can afford it. The real estate signs make it impossible for any real estate broker, landlord, owner or organization to deny that the property is available, and, hence, make discrimination substantially impossible. The Nature of the Sellers' and REAL TORS@' Commercial Soeech It is worth noting that this commercial real estate-related speech: . Is not deceptive . Is not misleading . Is not inaccurate or false . Is not obscene or profane . Is not libelous or slanderous . Is not loud, raucous or noisy . Is not aggressive . Is not coercive . Is not likely to incite violence . Is not conduct . Does not intimidate, and . Does not advocate unlawful conduct EXHIBIT ~. " PAGE )OOF~ Instead, it is a factually accurate message that helps a family to locate a home that is being offered for sale. Cities Carry The Burden of Proof To Justifv A Ree:ulation of Soeech In regulating the constitutionally protected commercial speech in real estate signs, a city has two distinct and separate sets of burdens: The first set of burdens involves the legality of the restrictions on commercial speech. See: Central Hudson Gas & Electric v. Public Servo Comm'n 447 US 557, 561-562 (1979). City's have the entire burden to prove: o That the regulation is content neutral o That it directly advances a 'compelling state interest,' and o That the proposed ordinance reaches no further than absolutely necessary to accomplish a 'compelling state interest' The second set of burdens involves the legality of the time, place and manner restrictions on commercial speech. See: Clark v. Community for Creative Nonviolence, 468 U.S. 288, 293 (1984). A city has the entire burden to prove: o That the Time, Place and Manner restrictions are "narrowly tailored" o That the Time, Place and Manner restrictions advance a significant and compelling governmental interest, and o That the Time, Place and Manner restrictions leave open ample effective alternative channels for communication of the information. E)(HI8!T-Lf We will offer just a few observations on three of the most immli?~Q~f ~-'-~ I theses standards: (1) The Lack of Effective Alternatives, (2) The Necessity For the City To Prove a "Compelling State Interest", and (3) The Requirement that Any New City Regulations Must Reach No Further Than Is "Absolutely Necessary": 1. Lack of Effective Alternatives The available evidence demonstrates that the majority of buyers use the temporary open house directional signs to find the house that is for sale. An on-site sign does not get them to the house. Both the Federal Trade Commission, and the Supreme Court in the Ladue case, have expressed their belief that the alternatives to real estate signage are "...far from satisfactory." This is critical for two reasons: (1) the lack of effective alternatives is a key element considered by Courts, and (2) the lack of effective alternatives also makes it much more difficult for the City to satisfy its legal burden of proof when attempting to justify its regulations. In the Sixth Circuit case of Cleveland Area Board of Realtors v. The City of Euclid, the National Institute of Municipal Law Officers, the Ohio Municipal League and the Ohio Municipal Attorneys Association appeared Amici Curiae. The parties attempted to argue the availability of sufficient "new technology" alternatives including cable TV, computer billboards and the web/information superhighway. The Court was not persuaded by the argument. They lost. Newspapers are not targeted, are more expensive, and are not as effective because the place from which the message is delivered is far removed from the place where a sign would be located. In addition, unlike a sign, a newspaper cannot confirm for a reader (by the presence of the newspaper at the intersection) that the Buyer has reached the point when the direction of travel must change in order to progress towards the home that is for sale. The alternatives are more expensive, are not as effective, are unevenly available (especially among less affluent potential buyers), cannot be targeted as well, and are not as helpful for buyers because they do not have the same functional utility. 2. Necessity For the City To Prove a "Compelline: State Interest" The city faces a very high burden in connection with its responsibility to justify any additional regulation of real estate signs. Any additional regulation (and any existing regulations) must be supported by a "compelling state interest." Earlier in this White Paper we made reference to the decisions of the United States Supreme Court in the Linmark and Ladue cases. Although the Ladue case involved on-site signs, I would note that the 'state interest' alleged by the City of Ladue stated, in part, that real estate signs: EXHISII ~~- _ "...create 'ugliness, visual blight, and clutter, tarnish the nae~'~i~~~_~~_ well as residential and commercial architecture, impair property values, substantially impinge upon the special privacy and ambience of the community and may cause safety and traffic hazards to motorists, pedestrians and children. "' These reasons were not sufficient to keep the City of Ladue from losing the case three times. 3. Re2ulations Must Reach No Further Than Absolutely Necessarv Though not proposed here by the City of Federal Way, it may be worth mentioning that we believe requiring permits for Open House A-Board signs would violate the u.s. Supreme Court standard articulated in the Clark case. Because a permit constitutes a form of prior restraint, any city regulation will be granted no deference by the Courts. The City must justify any regulation under the microscope of the "Strict Scrutiny" test. Bad Public Policy In addition, requiring permits for Real Estate Temporary Open House Signs would be bad public policy for several additional reasons: (a) Administering the permit system tends to cost more than cities are able to recover. In King County, only one city (Lake Forest Park) recently had a permit system, and they are unable to cover the cost of administering the program. The Council eliminated the requirement. Kent used to have a permit requirement for Real Estate Open House Signs. They too eliminated the permit program because it just didn't work very well. The anticipated benefits weren't worth the problems it created. More recently, Auburn also considered a registration requirement and likewise chose not to go there. (b) In addition, many of the most severe costs (such as disruption of other work city staff is trying to get done) tend to be more onerous for the City than the financial shortfall. (c) The city isn't "open for business" to issue permits when many "open houses" get scheduled (Friday evening for a Sunday afternoon open house). Given the reasons families sell, the lack of access to permits when they are needed can be a real hardship on families that need to sell quickly. The City Can It Meet its Burden of Proof On Constitutional Issues By Usin2 A "Bootstrappin2" Ar2ument That Relies on The Practices of Other Cities In attempting to meet its exclusive burden of proof, the City of Federal Way would not be able to satisfy the constitutional standards of review with a Bootstrap Argument that attempts to justify adding new regulations because some other city has one on the books. It would be a serious _"~I .._...,.., ~I EXH I B IT '-l------~-~ PAGElloF-U.~ mistake for any city to rely on a Bootstrap Argument that is grounded in the notion that a city's effort to restrict real estate signs with combined prohibitions on safe placement in the right-of- way and new enforcement policy (amounting to a defacto ban on off-site signs) would be constitutional if the City were relying upon the ordinance of a neighboring jurisdiction. Any city's defense of its sign ordinance will necessarily depend upon the strength or weakness of the totality of that city's own record, and not the un-litigated record of another city. There are no ordinances from neighboring jurisdictions with this City's record. There are no ordinances from neighboring jurisdictions that have been defended successfully before an appellate court. Both the State Supreme Court and federal trial and appellate courts have ruled in favor of more commercial speech regarding off-premise signs, both in the Kitsap case, and in the Ballen case. The Rie:ht to Reach Willine: Listeners In a Public Forum Importantly, the combination of the City of Federal Way's prohibition on safely-placed off-site real estate signs in the public right-of-way, together with the City's new enforcement policy, effectively operates as a defacto ban - a ban that effectively, and unconstitutionally, prohibits the delivery and receipt of all communicative commercial speech between real estate buyers, sellers and their respective agents using off-site real estate signs. In addition to the problems created for speakers, this also runs afoul of the right of speakers to reach willing listeners. In evaluating Freedom of Speech cases, the courts do not forget the right of speakers to reach willing listeners. As noted in footnote #1 in the Policy White Paper we are submitting contemporaneously with these observations on the law, an analysis of the right to reach willing listeners in a public forum must begin with three observations: First, sellers and REAL TORS@ currently have the legal right to put up temporary off- premises open house directional signs. Those off-site signs have traditionally played an important role in the efficiency of our local real estate market, and in supporting the Federal Fair Housing amendments to the Civil Rights Act. Second, the Freedom of Speech implies the right to reach willing listeners. The freedom would mean nothing if the City could require all communication to be made in places where nobody but the speaker was aware of the communication, or where the effect of the regulations is so extreme as to eliminate all, or most all, opportunities to place an off- site real estate sign within the City. Third, Washington's Constitution strongly favors remediation of violations rather than prophylactic prior restraint on constitutionally protected commercial speech. The right to communicate views to others on a street in an orderly and peaceable manner has been recognized by the United States Supreme Court in Hague v. C.lo., 307 U.S. 496, 517 (1939). In Us. v. Grace, 461 U.S. 171, 177 (1982) the Court also said: EXHIBIT- _9- - P AG E __~_tt() E" 1- "It is also true that 'public places' historically associated with the free exercise of expressive activities such as streets, sidewalks and parks, are considered, without more, to be 'public forums. III A..... ~:.. In fact, the streets and sidewalks have consistently been considered a public forum. In Perry Educ. Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37,45 (1982) the United States Supreme Court said the streets are "...quintessential public forums, the government may not prohibit all communicative activity." (emphasis added). See also: Burson v. Freeman, 504 U.S. 191 (1992); Boos v. Barry, 485 U.S. 312 (1988). The Washington Supreme Court also considers these to be public forums. In the Collier decision, Justice Guy, writing for the majority and relying upon Boos v. Barry, 485 U.S. 312 (1988), held that: "The parking strips in which Collier and his supporters placed his political signs lie between the 'streets and sidewalks' and thus are part ofthe 'traditional public forum.' Because these places occupy a special position in terms of First Amendment protection, the government's ability to restrict expressive activity is very limited. Boos v. Barry, 485 U.S. 312, 318, 99 L. Ed. 2d 333, 108 S. Ct. 1157 (1988)." We note that in those situations when speakers have been denied this traditional public forum, the cases have tended to involve speech and conduct unlike anything associated with the REALTORS@' placement of temporary open house signs; for example, cases involving intimidation, aggression, physical contact and conduct blocking the sidewalk in front of an abortion clinic. Other cases, such as City Council v. Taxpayers For Vincent, 466 U.S. 789 (1983), have involved stringing signs over utility wires, and posting of signs on utility poles. The REAL TORS@ do not advocate such conduct. Thank you for the opportunity to offer these comments. Sincerely, SEATTLE-KING COUNTY ASSOCIATION OF REALTORS@ ~ P.-a Sam Pace, JD, MBA, GRI Housing Specialist SEATTLE-KING COUNTY ASSOCIATION OF REALTORS. 12410 SE 32ND STREET, SUITE 100, BELLEVUE, WA 98005 PH: (425) 974-IOII - WA: 800.540.3277 - FAX: (425) 974.1032 EMAIL: REALTOR@NWREALTOR.COM WEBSITE: WWW.NWREALTOR.COM [B REALTOR' t:XH I B I T~__.~_____ A White Paper PAGEHoF>>_u~__ Prepared For The City of Federal Way By The Seattle-King County Association of REAL TORS@ Regarding Off-Site Open House Signs July 7, 2008 Real Estate Signs: Public Policy Considerations Why Real Estate Off-Premises Open House A-Board Sh!:ns Are Critical A family's home is not like stocks and bonds. Families don't wake up one morning, see that "the market is up" and decide to sell the roof that is over their head. Instead, it is usually a significant change in a family's personal circumstances that prompts a sale. What kinds of changes may prompt the purchase of a home, or the sale of a house? A family is blessed by the birth of new children and needs a larger home. It may be a marriage. Or a divorce. There may have been a death in the family. It might be a job promotion. A job transfer. Or it might be the result of getting laid-off at work. Often, the need to sell is immediate, or even urgent. Real Estate Signs Are Critically Important For Sellers Safely-placed, portable, off-premises A-Board Open House residential real estate directional signs are critical for the families we serve who need to sell. The evidence from the Puget Sound Region is clear: families who need to sell, but who do not have effective access to these off-site signs, experience significantly longer marketing times. For example, the City of Mukilteo loosened its restrictions on real estate off-site Open House Signs after it learned that the its restrictive policy had increased marketing times by 22% compared to Everett, even though the cities share a significant common border. For a family trying to sell a home, the longer Time on Market can have significant financial consequences. If a family must carry multiple mortgage payments (or more likely both a mortgage payment and a rental payment) while they wait for their home to sell, it can be a real and substantial financial hardship on the family. If the financial hardship causes the family to be unable to make multiple housing payments in a timely manner, the resulting blemishes on their credit report may make it very difficult for them to qualify for a new home loan. Alternatively, if REALTOR- - is a registered mark of the National Association of REALTORS. EXHIBIT~__~ ....~ they lack the resources to even attempt to make multiple payme~y.!k..~f1tr~-':- at all, despite what may be an urgent need to do so. It's worth remembering that real estate markets go up, and come down. When stronger markets cool (which happens periodically, because markets are cyclical) the effect of such differences in the amount of time a home is on the market become even more onerous. Off-premises Open House directional signs are also important for Sellers who want to sell their own property without a REALTOR@. Candidly, there is a financial incentive for our industry to support the elimination of all open house signs in the right-of-way. Doing so would eliminate the most effective marketing tool available to those families who want to sell For Sale By Owner, or FSBO (pronounced "fizz-bow"). How important are these signs for FSBO sellers? We suspect that they are at least as important to FSBO sellers as they are to REAL TORS@: The Real Estate Insider Report indicated that 75% of their survey respondents (real estate agents) identified signs as their most effective sales technique. Restricting a FSBO's opportunity to use these signs to direct people to their home that is for sale would be a significant step in the direction of giving REAL TORS@ a virtual monopoly on selling homes. It would help to ensure sellers would have fewer, if any, effective alternatives to engaging the services of aREAL TOR@. But market times would be longer for sellers, and finding a home would be much more difficult for buyers. As we explain below, it would also be inconsistent with the objectives ofthe 1988 Federal Fair Housing Amendments to the Civil Rights Act of 1968. REALTORS@mightmake more money, but that doesn't make it good public policy. We note that the city of Federal Way does not have an outright express ban on all off-premise residential real estate open house signs. However. the combination of the City's ban on signs in the right-of-way (the legal status of which is highly suspect) and the City's recently revised enforcement practices operate to create a defacto-ban on the potential for such off-site signage to be effective in communicating constitutionally protected commercial speech. both because there are few places such signage is now allowed. and where allowed it is often too far removed from willing listeners to be effective. 1 1 In evaluating Freedom of Speech cases, the courts do not forget the right of speakers to reach willing listeners. Analysis of the right to reach willing listeners in a public forum must begin with three observations: First, sellers and REAL TORS@ currently have the legal right to put up temporary off-premises open house directional signs. Those off-site signs have traditionally played an important role in the efficiency of our local real estate market, and in supporting the Federal Fair Housing amendments to the Civil Rights Act. Second, the Freedom of Speech implies the right to reach willing listeners. The freedom would mean nothing if the City could require all communication to be made in places where nobody but the speaker was aware of the communication, or where the effect of the regulations is so extreme as to eliminate all, or most all, opportunities to place an off-site real estate sign within the City. Third, Washington's Constitution strongly favors remediation of violations rather than prophylactic prior restraint on constitutionally protected commercial speech. The right to communicate views to others on a street in an orderly and peaceable manner has been recognized by the United States Supreme Court in Hague v. G.Lo., 307 U.S. 496, 517 (1939). In u.s. v. Grace, 461 U.S. 171, 177 (1982) the Court also said: "It is also true that 'public places' historically associated with the free exercise of expressive activities such as streets, sidewalks and parks. are considered, without more, to be 'public forums. ", EXHIBIT__(t -~ Real Estate Signs Are Also Increasingly ImportanJ?~s-U,-) F_ --I &. -~ National research studies demonstrate that 42% of all buyers used signs in locating the home they purchased. Even more important, however, 17% of all of the buyers found the home they purchased using ONLY the signs. Those are national figures. The local data is also compelling. John L. Scott Real Estate, Inc. (the second largest residential brokerage firm in Washington State and one of the largest firms in the nation) engaged the services of Hebert Research (a well-known and highly regarded research company located in Bellevue) to analyze the role of signs in the buying process. The Hebert Company's research revealed the following: In Western Washington, 50.5% of the buyers said that they found out about the open houses they visited using the real estate signs (as opposed to using newspapers, their agent, brochures, weekly reports, referral by friends or family, television, or other means). It may also be worth noting that respondents who "... were 46-50 years old were significantly more likely to have found out about open houses by seeing signs when driving around.. " A more extensive outline of legal issues supported by that research were supplied to the full City Council last week, prior to the referral of this issue to the Council's Committee. Bill Hunne of John L. Scott's New Solutions Group summarized the results of research conducted by the Company regarding two new home communities that the firm represented. The first is in Renton, and the second is in Bellevue (on Cougar Mountain). In Renton, 57% of the sales were to buyers who did not come to the site the first time with a real estate agent accompanying them. In Bellevue, where the new homes were priced between half In fact, the streets and sidewalks have consistently been considered a public forum. In Perry Educ. Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37, 45 (1982) the United States Supreme Court said the streets are "...Quintessential DubUc forums. the I!overnment mav not Drohibit all communicative activitv." See also: Burson v. Freeman, 504 U.S. 191 (1992); Boos v. Barry, 485 U.S. 312 (1988). The Washington Supreme Court also considers these to be public forums. In the Collier decision, Justice Guy, writing for the majority and relying upon Boos v. Barry, 485 U.S. 312 (1988), held that: "The parking strips in which Collier and his supporters placed his political signs lie between the 'streets and sidewalks' and thus are part of the 'traditional public forum.' Because these places occupy a special position in terms of First Amendment protection, the government's ability to restrict expressive activity is very limited. Boos v. Barry, 485 U.S. 312,318,99 L. Ed. 2d 333,108 S. Ct. 1157 (1988)." More recently, when confronted with municipal limitations on commercial speech in the form of signs, both the Washington Supreme Court (in the Kitsap case) and both the Washington Federal District Court and 9th Circuit Court of Appeals (in the Ballen case) have vindicated entitlements to more commercial speech and signage, not less. In those situations when speakers have been denied these traditional public forums, the cases have tended to involve speech and conduct unlike anything associated with the REAL TORS'@ placement oftemporary open house signs; for example, cases involving intimidation, aggression, physical contact and conduct blocking the sidewalk in front of an abortion clinic. Other cases, such as City Council v. Taxpayers For Vincent, 466 U.S. 789 (1983) have involved stringing signs over utility wires, and posting of signs on utility poles. The REALTORS@ do not advocate such conduct. EXH\B'T_~-~-. . ~: D&~~:: Z..JF_',&.-",.- and three-quarters of a million dollars, 83% were to buyers who di& n.{rt\~tO~ie the first time with a cooperating real estate agent accompanying them. Based on his experience of more than 20 years selling new homes, Mr. Hume estimates that: "..,fewer than half of the customers who have outside agents or buyer's agents come to the community the first time with their agent. In fact, it's almost certainly under 3D%." Many buyers use the off-premises directional signs to search independently for a home, and then contact aREAL TOR@ to represent them only after they have identified a property in which they are interested. The off-premise signs that direct them to the properties playa critical function in this dynamic. Finally, as it relates to buyers, there is one other group that makes extensive use of the signs: First Time Buyers. Buying their first home is a big, big, step for many families. This is especially true when the average sales price in King County (for single family homes and condominiums combined) that closed last month (June 2008) was $502,727 (Data for June 2008 released earlier today by the NWMLS). These kinds of prices can scare the daylights out of First Time Buyers. Not surprisingly, many First Time Buyers prefer to tip-toe gently into the raging torrent of our current real estate market. By using the off-premise signs to locate homes that are for sale (and which may be tucked away in a cul-d-sac or on a dead end road far from any arterial street), they can attempt to get a sense of the market at their own pace, instead of being in the car with an agent. Real Estate Sign age Plays a Critical Role in Fair Housing Title VIII of the Civil Rights Act of 1968 as Amended by the Fair Housing Amendments Act of 1988 embodies the simple and morally correct position that our communities should be open to all people. In December of 1988, the Federal Trade Commission issued a report entitled The Residential Real Estate Brokerage Industry. That FTC report, which has been cited with approval by the United States Supreme Court [see: Ladue (1994)], points out the important contribution of real estate signs in opening communities to people in a way that is not discriminatory. The basis for the FTC's conclusion is obvious: Real estate signs are not only an important, inexpensive and effective means of marketing real estate, they are also discrimination proof. A real estate sign invites any person - regardless of race, creed, color, sex or national origin - to locate and consider the purchase or rental of the property that is available if they can afford it. The real estate signs make it impossible for any real estate broker, landlord, owner or organization to deny that the property is available, and, hence, make discrimination substantially impossible. EXHIBIT ~- .~~;.' S C.l I d d . . oA~i=. AlE t~.~_ ale y-p ace temporary Open House A-Boar sIgns provIde an bnf)Mta!tt"a~m~ about where, and how, to find the property that is available. As demonstrated above, and by the materials submitted to the City Council last week) that proposition clearly born out by the available data. The City should restore the right of sellers and REAL TORS@ to make effective use off-site Open House signs because doing so facilitates achievement of the objectives of the Federal Fair Housing act. Consistency in Off-premises Real Estate Sign age Regulations Is Important For the Real Estate Industrv The majority (if not most) of cities in King County allow placement oftemporary off-site Open House A-Board directional signs in, or on the periphery of, the right-of-way with the following kinds of restrictions: · They may not be placed on (or attached to) trees · They may not be placed on (or attached to) foliage · They may not be placed on (or attached to) utility poles · They may not be placed on (or attached to) regulatory signs · They may not be placed on (or attached to) directional signs · They may not be placed on (or attached to) informational signs · They may not interfere with vehicular, bicycle, wheelchair or pedestrian travel · They must be outside of vehicular lanes · They must be outside of bicycle lanes · They must not block traffic views · They may not block driveways · They may not block curb cuts · They may only be in place between dawn and dusk, and must be picked up at the end of each day · They may not exceed six square feet per side in area, and 36 inches in height · They may not be used unless the (real estate) agent or seller is physically present at the property that is for sale or rent. These are all reasonable restrictions we can live with, and which the cities have a demonstrated ability to live with. They strike a reasonable balance between the need of families to get their homes sold, or to find a new home, and the cities' need for public safety. It is an approach that has worked pretty well. We recommend and support such an approach. Additionally, we note that such an approach is consistent with FWCC 22-1956 which includes the following purposes of signage which have been acknowledged in ordinance by the city of Federal Way: o Recognize the visual communication needs of all sectors of the community for identification and advertising purposes EXHIBIT .~- _. PAGE~F_'=a.._._.~ o Protect the public health, safety, and welfare by regulating the placement, removal, installation, maintenance, size, and location of signs o Support and enhance the economic well-being of all businesses within the city, and in particular recognize the needs of all businesses to identify their premises and advertise their products; As an industry, we believe that in recommending and supporting such an approach, we have a moral responsibility to try to meet cities at least halfway, and hopefully we can do even better than that. Part of our ability to do so means that our Association must recognize that we have an industry with significant turnover. It's been said that: About a third of the people licensed by the state are on their way into, or are recent additions to, our industry; and Approximately an additional one third are solidly established in the business; and The remaining one third are on their way out of the industry. This Rule of Thumb is probably not too far from the mark. The Multiple Listing Service statistics indicate that over time, members have averaged about .3 (note: that's point three) transactions per month. In other words, about one transaction every three months. Some will do better, and some will not do that well. Recently, on average, it's probably been a bit less than that. The commission on that one transaction every three months is usually divided evenly between the listing and selling brokerages. Typically, the agent receives one half of that apportioned amount, or 25% of the total commission. With a typical commission on an averaged priced King County home, the agent receives an average of about $2,513.64 per month. That's before B&O taxes, E&O insurance, cell phone and pager expense, car expense, laptop computers, PDAs, health insurance, mandatory continuing education expenses, MLS dues, REAL TOR@ dues and personalized marketing expenses. Obviously, some are doing much better than average, but many are not doing that well and are forced by economic necessity to move on. Real Estate is a very tough industry with high turnover. One of the ways real estate agents are forced to respond to these economic realities is to "cover more ground" and be extremely flexible about how far they will travel for work. As a result, in the course of a single year an individual agent may work (list homes) in multiple jurisdictions ranging from Marysville or Snohomish on the North, to Tacoma or Graham on the South. They may also work between Snoqualmie on the East, and Federal Way or Normandy Park on the West. Consistency in the sign code standards becomes verv imoortant in facilitating compliance with city sign codes. EXHIBIT____.q -----.~ PAGE-1lJE .a~&--~- On the issue if signage, our Association tries to respond to these industry dynamics in three ways: First, we ask cities to adopt and retain more consistent standards regarding the right-of- way so that new agents (or agents working outside the city in which their office is located) don't have a significantly different set of sign code standards in each of the more than 40 jurisdictions in the region in which our members work. This is especially important considering that in King County alone there are now at 39 incorporated cities. In fact, we believe the only county in the nation with more local government jurisdictions is Cook County (Chicago), Illinois. Along with this White Paper we are providing the City with a document titled "LANGUAGE FOR PROPOSED AMENDMENT" that we believe would address the problems with the City's current approach to real estate signage, and do so in an appropriate, balanced and constitutional way. Second, we believe we have a responsibility to educate our members about the issues of signage. We take that responsibility very seriously. Examples ofthe kinds of efforts we make include: · Major lead articles in our industry newspaper, NW REporter, on safe sign placement, and new legal developments, · Articles on specific sign code requirements, · "Broker Updates" stressing legal sign placement, safety for vehicular and pedestrian traffic, and timely removal of open house signs; · Targeted e-mail updates to our 8,000+ members. We can target faxes to specific problem areas; and · Distribution of information provided to our Association by City Code Compliance Officers. Third, we have established a new program to use peer pressure in concert, and in cooperation, with city code compliance officers. And we've added staff that help to ensure it works well. Cities can levy a fine, pick up a sign, or otherwise hold folks accountable if a problem is created. But candidly, we can offer an additional (and sometimes even more effective) "hammer" to the compliance "tool kit" available to your City's code compliance officers if they desire to make use of it. We have the systems in place to be of assistance. In addition to any other appropriate City action, if a code compliance officer observes a violation, the City's compliance officer can contact our Association's Public Affairs Department. This is usually accomplished by calling or faxing David Crowell, the Director of Government and Public Affairs. Phone: (425) 974-1011. Fax: (425) 973- 1032. EXH I B I T~2..:. ~_____ Upon receipt of the information, David Crowell faxes a rB~~t1et"~S~ to the offending agent's broker (the agent's boss) on Association letterhead, outlining the specifics of the situation and telling them their agent is creating a problem for the rest of the industry by engaging in sharp practices. David also includes either a summary, or the actual text, of the city's relevant sign code provisions. On behalf of the Association, we ask them to clean up their act, and immediately correct the problem. The code compliance officer also receives a copy of the letter so that he or she knows we have followed up quickly with the agent's Broker. That's not the kind of paperwork Brokers like to see coming across their desk. They don't appreciate an agent causing those kinds of problems. Brokers tend to respond to such information by "aggressively rolling the stone downhill, " so to speak. By including a copy of the sign code provisions with David's letter, we also create the opportunity for the broker to have a "teachable moment" with the agent about the requirements of the sign code. (Having the entire real estate-related sign code provisions in a single section of the City's sign code is especially helpful in this regard, even though that may make the sign code appear to be longer). Our use of peer pressure is an approach that works, not only because the self policing is effective, but also because it provides the code compliance officers with an additional option to deal with any problems efficiently. We respect the fact that a code compliance officer's time is an asset, just like cash. In fact, the City pays for it with cash. Working together we can help to make their job easier and free up that resource for other kinds of city code compliance issues. David Crowell of the Association's staff can provide a sample of the kind of form we've put together for those code compliance officers who want to make use of this additional tool, as well as sample letters we've prepared to get the Broker's attention, and ring the agent's bell. We appreciate the opportunity to work with the City (both in addressing the new problems with the City's approach to its sign code, and in offering specific language to address those problems as they relate to real estate signs under FWCC) and to offer our assistance with our self-policing peer pressure program should the City desire to make use of it. Thank: you for the opportunity to offer these comments. Sincerely, SEATTLE-KINO COUNTY ASSOCIA nON OF REAL TORS@ ~p~ Sam Pace, JD, MBA, OR! Housing Specialist -. ~ Margaret Clark From: Sent: To: Subject: Greg Fewins Thursday, August 28, 2008 4:45 PM Margaret Clark FW: WebSite E-mail To City Council - response EXHIBIT__~ .. PAGE tOI=: 2. MC - would you please respond to this person with information about the planning commission hearing coming up and in summary what our recommendation is. You might attach a copy of the proposed code language. Greg -----Original Message----- From: Brook Lindquist Sent: Thursday, August 28, 2008 4:29 PM To: COUNCIL Cc: Greg Fewins; Neal Beets; Cary Roe; Mary McDougal Subject: FW: WebSite E-mail To City Council - response Greetings Council Members, I received this comment through the website earlier this week. I will ask Greg and his team to respond to this comment. Thanks! Brook -----Original Message----- From: Mehdi Sadri Sent: Monday, August 25, 2008 4:41 PM To: Brook Lindquist Subject: WebSite E-mail To City Council - response 1. First and last name: John W. Jacobi 2. Email address: lenas~windermere.com 3. Phone number: 206/527-3801 4. Comments: By way of introduction, I am the founder and owner of Windermere Real Estate. I have been in the real estate business for 45 years. I read with interest the PSBJ article regarding Federal Way's sign restrictions. Over the years, real estate professionals have reached compromise with several other municipalities with similar code restrictions. In Lake Forest Park, real estate agents can now place open house signs (A-boards) on sidewalks and street corners only during the time of the actual open house. This would 1 .. "A .. ~ normally fall on a Sunday between 1-4 pm or 2-5 pm, based upon the season. The agents were asked to place their signs with special care to avoid damaging landscape or disrupting traffic corridors. Signs that don't meet these standards should carry fines for the offending office. (It seems ridiculous to confiscate and destroy signs). I urge the council to consider a code amendment that would satisfy all interests. Please feel free to contact me if you want additional information. John W. Jacobi Windermere Services Co. 5424 Sand Point Way NE Seattle, WA 98105 206/527-3801 email sent by Assistant Lena Shiraiwa: lenas~indermere.com EXHIBIT S PAGE'__-1.0F_~ "'-. ~ 2 September 3, 200S EXHJSIT__ , PAGE 'O~-----;-" - . To: City of Federal Way Planning Commission From: Diana Noble-Gulliford, 2754 SW 314th. St, Federal Way, WA 9S023 Federal Way Resident since 1970 Historical Society of Federal Way President Realtor Since 19S0 Former City of Federal Way Planning Commissioner RE: Amendments to Federal Way Sign Code Hearing The Historical Society of Federal Way would like to be able to have on-site and off-site A-Boards that would direct the public to the Historical Cabins on S 34Sth St. when the cabins are open for public tours. The Barker Cabin has been restored and we have had the cabin open since May 2008 for fieldtrips and public tours. Many visitors say they did not know the cabin was open, probably because we could not place a sign that indicated we were open due to the current sign code of Federal Way. The Society would also like to have the availability to have A-Boards directing the public to the Society's new location at the Steel Lake Annex. The Historical Society of Federal way is a non-profit, 501 C 3 organization that preserves the history of the Greater Federal Way Area. We are not a business or an open house for sale and therefore would not be allowed to have A-Boards under your proposed or current sign code. Under the proposed changes, only two signs shall be allowed per business or event and no person may have more than two signs at anyone time for real estate open houses and public events. Due to the street configuration in many neighborhoods in Federal Way, two signs would not be adequate to direct traffic to an open house. Some homes need as many as six or more signs to direct potential buyers to that home. limiting the real estate agents to no more than two signs would not accomplish the goal of marketing the home for sale to potential buyers. The proposed hours allowing for signs from 10:00 AM to 3:00 PM is not practical. It may suit the hours for Broker's Open Houses during the week, but falls short for Public Open Houses during twilight hours and weekend open houses. Open houses for the public are usually from 12:00 - 5:00, with some variation depending on the hours of the seller and the agent. As the number of foreclosed homes that come on the market increase, the inventory becomes much larger than a normal market and homes take longer to sell and home prices begin to take a drastic drop in value. This kind of situation means that Realtors have to do much more marketing, such as public open houses and broker's opens. Open houses and signs are a way for potential buyers to find a home they are looking for. Signs have always been the standard method for marketing homes for sale for decades. Nine out of ten buyers come to the open house because of a sign. In c1osin~, I encoura~e YOU to: EXHIBIT__Ct__ ~ a. · PAGE__JF_~~_ Increase the number of allowed A-Board signs to at least 6 for each agent and open house Change the number of hours A-boards are allowed from 10:00 AM to 9;00 PM Allow non-profit organizations and businesses to have the ability to use A-Boards when they are open, for events, fund raising, and programs. Allow all organizations to place A-Boards near streets to remind people to vote Allow all organizations to place A-Boards near streets to direct people to public meetings and public hearings COUNCIL MEETING DATE: October 7, 2008 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: BP A TRAIL @ SW 356TH STREET PEDESTRIAN CROSSING POLICY QUESTION: WHICH PEDESTRIAN CROSSING TREATMENTS SHOULD THE CITY COUNCIL APPROVE? COMMITTEE: LAND USE AND TRANSPORTATION MEETING DATE: Sept. 22, 2008 CATEGORY: [8J Consent D City Council Business o Ordinance D Resolution D D Public Hearing Other .~:!>~_~J.!:.~!.2~!~!:......~~~~?~?:.?R.:!:..:.?...g!I.X..I~_~!~E.:.~Q~!':'?~. DEPT: Public Works .....__........................................__..................................._.....................................................__......................."'M Attachments: LUTC Memorandum dated September 22, 2008 with Consultant Analysis Options Considered: 1. Install a traffic signal as originally proposed. . 2. Install the consultant recommended improvements and use remaining funding for a City-wide pedestrian crossing program to install similar improvements. 3. Install the staff-recommended improvements and use remaining funding for a City-wide pedestrian crossing program to install similar improvements. 4. Make no changes. STAFF RECOMMENDATION: Staff recommends Option 3. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: 01tY\_' Committee Council Council COMMITTEE RECOMMENDATION: Dini Duclos, Member Linda Kochmar, Chair Jim Ferrell, Member PROPOSED COUNCIL MOTION: "] move to install the staff-recommended improvements and use remaining fundingfor a City-wide pedestrian crossing program to install similar improvements. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: September 22, 2008 Land Use and Transportation Committee Cary M. Roe, P .E., Assistant City Manager, Chief Operations Officer, Emergency Manager ~ Rick Perez, P.E., City Traffic Engineer BPA Trail@SW356th Street Pedestrian Crossing BACKGROUND: The development of Madrona Park resulted in a pedestrian crossing being established to connect the park to the BPA Trail across SW 356th Street. To improve the safety of this crossing, staff established a pedestrian crossing refuge. However, once implemented, concerns were raised immediately about the safety of the crossing. In response to the concerns, the City Manager recommended, and the Council approved, $315,000 for a full pedestrian signal in the 2007/08 budget, funded from City's portion of the increase in the state gas tax. Traffic Division staffhad concerns about the safety of a signalized treatment and selected a consultant, Parametrix, with expertise on pedestrian safety issues, to investigate the viability of a traffic signal compared to other alternative treatments. The consultant was directed to provide their recommendations with minimal consideration of past policy and practice of the City, in order to assure that the Council is provided an unbiased opinion. The consultant's report is attached, and a staff summary follows herein. Similar issues were raised on S 324th Street in front of Be 1m or Park following a pedestrian fatality there. The analysis begins with the sam~ principles and research in play about the relative safety of various traffic control devices for pedestrian crossing treatments. The consultant's analysis supplements this body of research with more recent research from FHW A and Texas Transportation Institute. SW 356th Street is a 5-lane principal arterial with bike lanes. The street carries approximately 19,000 vehicles per day. The posted speed limit is 40 mph and the 85th percentile speed is 42 mph. Approximately 40 pedestrians cross the street each weekday, 15 of them during the evening peak hour. Weekend usage is higher overall, approximately 65 per day, with 15 of them during the afternoon peak hour. The report reviews a variety of alternative treatments, including: . Roadway signing . High-visibility markings . Crosswalk flags . Overhead signs . Staggered refuge islands September 22, 2008 Land Use and Transportation Committee RE: BPA Trail @ SW 356th Street Pedestrian Crossing Page 2 on . Pedestrian railings . In-pavement raised markers . Flashing beacons . Rectangular Rapid Flashing Beacons (RRFB' s) . High-intensity Activated crossWalK (HAWK.) . Signalization . And others The report concludes, per Federal guidance, that full signalization is not justified and may actually increase the potential for pedestrian/vehicle collisions, and therefore, is not recommended. Instead, the consultant recommends the following for this location: . Enhancement of the pedestrian refuge island by staggering the pedestrian crossing such that the pedestrian faces oncoming traffic when crossing the second half of the street . Installation of overhead signing while maintaining existing street lighting . Installation of Rectangular Rapid Flashing Beacons, which have been recently approved by FHW A due to sustained driver compliance at test sites . Realignment of the trail on the south side of the street to align with the revised crossing . Replacement of the existing curb ramps to meet current ADA standards . Installation of crosswalk pavement surface treatment to enhance driver awareness. . Removal of shrubs to improve sight distance The consultant also recommends a program of citywide improvements that would include: . Installation of in-pavement actuated raised pavement markers . Installation of "Stop for me - It's the law" signs at major entrances to the City . Installation of anti-skid surfacing treatments in advance of crosswalk stop lines Staff generally concurs with the consultant's recommendations, with the following exceptions: 1. Staff is concerned about the maintenance of the recommended crosswalk pavement surface treatment. Depending on the materials selected, it may be difficult to maintain reflectivity, may be more slippery in wet weather, or may disrupt the pavement surface and shorten its life. 2. Staff is concerned about the use of in-pavement actuated raised pavement markers due to high maintenance costs and some reports of a reduction in driver compliance over time. Snow plow damage could be an annual event. 3. Staff does not support adding additional signage at City entrances warning of site conditions that are not applicable at the sign locations. Staff is also concerned about driver's ability to read all the signs already installed at City entrances. 4. Staff is concerned about the maintenance of anti-skid surfacing treatments, as it complicates pavement maintenance and may raise issues regarding the "standard of care" at other locations where rear-end collisions may be more prevalent. However, staff strongly concurs that a City-wide program for enhanced pedestrian crossing treatments would be more cost-effective than relatively expensive traffic signal that could actually reduce safety at a September 22, 2008 Land Use 'and Transportation Committee RE: BP A Trail @ SW 356th Street Pedestrian Crossing Page 3 oB single location. Based on citizen requests and staff observation, several candidate locations exist in the City, driven primarily by transit stops on busy multi-lane arterials, including (in no particular order): . S 288th Street near Camelot Drive . SR 99 near S 281st Street (a proposed RapidRide stop location) . SW 320th Street between 1st Avenue S and 21st Avenue SW . S 324th Street at 17th Avenue S . S 324th Street at Belmor Park . S 336th Street at 13th Place S . S 348th Street at 6th Avenue S Attachment cc: Project File Day File Parametrix BNGINBBRING . PLANNING. BNVIRONMBNTAL .CIBNCB. TECHNICAL MEMORANDUM Date: To: From: Subject: cc: September 08, 2008 Rick Perez, P .E. John Perlic, P.E. SW 356th StreetlBPA Trail Crossing Intersection Project Number: 554-2441-0140301 Project Name: SW 356th StreetlBPA Trail Crossing Intersection INTRODUCTION An improvement to install a pedestrian actuated signal at the SW 356th StreetIBonneville Power Administration (BPA) Trail intersection is included in the City of Federal Way budget. Prior to proceeding with design and construction of this project, Parametrix was asked to conduct an independent evaluation and comparison of different intersection improvement options and to provide a recommended improvement plan to maximize safety at this location. These intersection improvement options were developed and evaluated to improve pedestrian safety, reduce or prevent vehicular accidents, and minimize the City of Federal Way's liability exposure in the event of a vehicle/pedestrian, vehicle/vehicle, or other types of collisions. The following sections of this technical memorandum document the existing traffic and trail conditions, provide a comparison of both signalized and unsignalized pedestrian crossing treatments and summarize case histories of other similar trail crossings in Federal Way. A recommended intersection improvement plan is included at the end of the memorandum. EXISTING CONDITIONS The following section summarizes the existing conditions in the intersection vicinity, including weekday and weekend trail and traffic volumes, travel speeds, and current trail crossing design. BP A Trail Facility The BPA trail is a 3.6 mile paved multi-use trail that follows the Bonneville Power Administration transmission lines. The facility extends from Celebration Park and continues west across 1 st Avenue S, through Panther Lake Open Space Park, to Sherwood Forest Elementary where it turns south across SW 356th Street and terminates at the Madrona Park Playground. Exhibit 1 shows existing daily and peak hour trail volumes, and indicates that a typical weekend day has approximately 65 pedestrian crossings in both directions at the SW 356th StreetlBPA Trail intersection. Approximately 38 percent of the trail crossings occur during a typical weekday peak hour and 23 percent of trail crossings occur during a typical weekend peak hour. TECHNICAL MEMORANDUM (CONTINUED) Exhibit 1. WeekdayIWeekend Daily and Peak Hour Trail Crossing Volumes Pedestrian Volumes Weekday Average Daily Volume 40 Weekday Peak Hour Volumes (4:15 PM-5:15 PM) 15 Weekend (Saturday) Average Daily Volume 65 Weekend (Saturday) Peak Hour Volumes (4:15 PM - 5:15 PM) 15 SW 356th Street SW 356th Street is a five-lane principal arterial with marked bicycle lanes in both directions. The daily traffic volume is 19,000 vehicles per day and the posted speed limit is 40 mph. The City of Federal Way determined through a spot speed study that the 85th percentile speed (the speed at which 85 percent of vehicles are traveling at or below) near the intersection of the BPA trail is 42 mph. A traffic signal exists approximately 1,800 feet west of the BPA Trail intersection at 21st Avenue SW, providing some platooning of vehicular traffic. An additional traffic signal is proposed at the 14th Avenue SW intersection, approximately 300 feet east of the BPA Trail crossing intersection. SW 356th Street has paved sidewalks on both sides and overhead lighting is provided in the vicinity of the BP A Trail crossing intersection. Existing BP A Trail Crossing at SW 356th Street The BPA Trail crossing on SW 356th Street is marked by a longitudinal crosswalk, shown in Exhibit 2. A small pedestrian refuge island is located in a median area between the eastbound and westbound travel lanes creating an opportunity for pedestrians to cross SW 356th Street in two-stages. Standard pedestrian crossings signs (Wll-2 in the MUTCD) supplemented with diagonal downward pointing arrows (WI6-7p in the MUTCD), are installed on the side and in the median of each roadway approach. This signage at the trail intersection supplements advance pedestrian warning signs (WII-2 and RI-5a in the MUTCD) and yield lines located in advance of the crosswalk. A total of four warning signs are posted at or in advance of the crosswalk for each approach. Sight distance-the length of roadway visible to the driver, bicyclist, or pedestrian with an unobstructed line of sight-at this intersection is adequate, except for the westbound approach as illustrated in Exhibit 3. Small shrubs and trees limit the visibility of pedestrians to motorists in this direction of travel, until pedestrians are at the roadway edge. Eastbound motorists do not have sight distance issues at this intersection; however, this approach is on a slight downgrade and likely has a slightly higher travel speed compared to the westbound approach. ALTERNATIVES ANALYSIS OF CROSSWALK TREATMENT TYPES Advantages/Disadvantages of Various Crosswalk Treatments As shown in Exhibit 4, various mid:-block crosswalk treatments were analyzed based on their objective, their ability to improve the mid-block crossing, and the advantages/disadvantages of each treatment type. Although over 70 known intersection treatment types have been used in the United States and Europe, only the most common and effective treatment types are documented. Typically, unsignalized mid-block pedestrian crossings include a combination of several treatment types, which provides a maximum safety benefit for both pedestrians and motorists. Most mid-block crossings in the Puget Sound Region combine advance pedestrian warning signs, overhead lighting, high visibility crosswalk pavement markings, and pedestrian warning signs. City of Federal Way SW 356th Street/BPA Trail Crossing 2 554-2441-014 POl T03 September 2008 09-22-08 BP A -356/h Allllchmell/_ Final Tech Memo _09-08-08 TECHNICAL MEMORANDUM (CONTINUED) "//.'....: ..~.,. ~ /_. -""'r'''''o'''''''_..__ . / / '/'.:;/"~~~ ~. Exhibit 2. Existing SPA Trail and SW 356th Street Crosswalk from Westbound SW 356th Street Exhibit 3. 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Oij E: ~ ~ ""COOO ~ 8~ -.,.f'.td., C "'" R., ~ Q' "to li:!; ;;:; ~ ~ ~ ~"5 "to C;'j~ "to _ ~ 8 ;;!; ~, ..., :: I ~ ~ '" .., ~ "" 1l! '" '" 0.. '" co (!) (J - o ~ ....: gj E-< (!) u 6- as "0 s:: ~ ;j 'C ..... en (!) "0 (!) ~ ~ E-< ...... "0 ;j ~ .~ 6 - ~ s~ ~~ - '" i: ~ {l"J ~~ '&'" ;:."" '- ::: c..>"J z .~ ";J .....:l (!) ~ ::l o rJ:J TECHNICAL MEMORANDUM (CONTINUED) Signal-controlled and unsignalized treatment types can provide safety benefits for both pedestrians and vehicles, as shown in Exhibit 4. Regardless of treatment type, marked crosswalks are necessary to guide pedestrians along a preferred walking path and to designate right-of-way for motorists to yield to pedestrians. Pedestrian safety, vehicular accident risk, cost, and implementation feasibility are some of the factors that need to be considered before determining a preferred crosswalk treatment. Pedestrian Signals vs. Unsignalized Crossings Research by Zegeer et all indicated that simply marked mid-block pedestrian crossings on multi-lane roadways that had average daily traffic greater than 10,000 resulted in higher levels of pedestrian-related collisions at locations without traffic signals compared with having no marked crosswalks. As a result, many municipalities have removed mid-block crossings or considered other design features, such as those indicated in Exhibit 4, to improve pedestrian safety. Mid-block crossing treatments can be divided into two categories, signalized and unsignalized treatment types. Both crossing types were analyzed at the SW 356th Street/BPA Trail intersection and, and the findings are summarized below. Signalized pedestrian crossings should only be installed if certain criteria are met. The 2003 Manual on Uniform Traffic Control Devices (MUTCD) provides eight traffic control signal warrants, including warrants specific to pedestrian crossings, to justify the installation of a traffic signal. As stated in the MUTCD2, the need for a traffic control signal at a mid-block crossing shall be considered if the average pedestrian volume during an average day is 100 or more for each of any four hours or 190 or more during any 1 hour and there are fewer than 60 gaps per hour in the traffic stream of adequate length to allow pedestrians to cross during the same period. As previously indicated, pedestrian volumes along the BP A Trail at SW 356th Street are substantially lower than the MUTCD pedestrian volume thresholds for meeting signal warrants at this location. The peak hour volumes at this location are currently 15 persons per hour, substantially lower than the 190 persons per hour required to meet warrant a signal. Other signal treatments that have been deployed effectively include half-signal intersections, such as those used in Seattle, which have shown a reduction in the number of crashes. Also, High-intensity Activated crossWalK, or "HAWK" signals, have been installed in a limited number of places, operating similar to regular signals with a flashing yellow to solid yellow, to solid red, indicating motorists to stop. A concern with HAWK signals is that they are dark until activated leading to possible driver confusion. Since the study intersection does not meet signal warrants, an unsignalized intersection with design enhancements are recommended over installing a pedestrian traffic control signal. Removal of the mid- block crossing was not considered because the BPA trail would lose its direct connection across SW 356th Street. Installation of a traffic signal at an intersection that does not meet warrants could increase the number of rear end and vehicle/vehicle accidents and City liability exposure in the event of a collision. Research has indicated that driver violations leading to traffic accidents can occur at signalized mid-block crossings.3 Mid-block signals at low pedestrian volume locations may be disregarded by drivers because they are green for a substantial majority of time. As a result, drivers may have a delayed stopping reaction or run I Zeeger, C., H. Huang, and R. Stewart,. Safety Effects of Marked VS. Unmarked Crosswalks at Uncontrolled Crossing Locations (Draft Executive Summary). Highway Safety Research Center, University of North Carolina, September 1999. 2 Section 4C.05 Warrant 4, Pedestrian Volume Federal Highway Administration, Manual on Uniform Traffic Control Devices for Streets and Highways, 2003 Edition, Federal Highway Administration, Washington, DC, 2003 3 Glock, J.W., R.B Nassi, R.E. Hunt, and B.W. Fairfox. Implementation of a Program to Reduce Pedestrian-Related Accidents and Facilitate Pedestrian Crossings. Paper submitted for the Pedestrian Project Award, Partnership for a Walkable America and ITE, August 2000. City of Federal Way SW 356th Street/BPA Trail Crossing 9 554-2441,014 POl T03 September 2008 09-22-08 BPA-356/h A/tachme/ll_Final Tech Memo _09-08-08 ...................... A. ......."'8 A ...n.... ,,."'.......... .en, TECHNICAL MEMORANDUM (CONTINUED) the red light. Furthermore, pedestrians may have a false sense of security at signalized mid-block crossings and assume that all vehicles will stop. Pedestrians may also fail to recognize motorists that violate the red indication. Consequently, a similar or higher number of pedestrian/vehicle and vehicle/vehicle accidents may occur with a signalized crossing, compared to an unsignalized crossing. In conjunction with the recommended unsignalized intersection design enhancements listed in Section 4, a City-wide effort to educate and enforce the driving public about laws to yield to pedestrians waiting at unsignalized crosswalks would increase driver awareness and provide safer pedestrian crossings. Rectangular Rapid Flashing Beacons (RRFBs) Rectangular Rapid Flashing Beacons (RRFBs), as shown in Exhibit 5, currently have interim approval for optional use by FHWA as of July 16, 200S. Studies have shown that RRFBs have very high rates of motorist "yield to pedestrians" compliance, mostly in the high SO-percent to close to 100-percent, versus only 15 percent to 20 percent for standard beacons. RRFBs consist of two rectangular beacons aligned horizontally on or within a rectangular shaped housing that flash at a rate of five to thirty flashes per second. RRFBs are located at the nearest edge of the bottom of crosswalk signs facing both approaches of traffic to the crosswalk and require pedestrian activation. Exhibit 5. Rectangular-shaped Rapid Flashing LED Beacon - With S1-1 Median and Pedestrian Refuge Areas Providing raised medians or pedestrian refuge areas at pedestrian crossings at marked crosswalks has demonstrated a 46 percent reduction in pedestrian crashes. Installing such raised channelization on approaches to multi-lane intersections has been shown to be particularly effective. At unmarked crosswalk locations, medians have demonstrated a 39 percent reduction in pedestrian crashes. Medians are especially important in areas where pedestrians access a transit stop or other clear origin/destinations across from each other such as a trail crossing.4 Raised medians (or refuge areas) should be considered in curbed sections of multi-lane roadways in urban and suburban areas, particularly in areas where there are mixtures of a significant number of pedestrians, high volumes of traffic (more than 12,000 ADT) and intermediate or high travel speeds. Medians/refuge islands should be at least 4 feet wide (preferably 8 feet wide for accommodation of pedestrian comfort and safety) and of adequate length to allow the anticipated number of pedestrians to stand and wait for gaps in traffic before crossing the second half of the street. 4 Lindley, J.A. Memorandum, Action: Consideration and Implementation of Proven Safety Countermeasures. u.s. Department of Transportation ,Federal Highway Administration. July 2008. City of Federal Way SW 356th Street/BPA Trail Crossing 10 554,2441,014 POl T03 September 2008 09-22-08 BPA-356/h A/tnchmelll_Final Tech Memo _09-08-08 TECHNICAL MEMORANDUM (CONTINUED) RECOMMENDED INTERSECTION DESIGN ENHANCEMENTS The following design enhancements are recommended at the SW 356th Street intersection to improve visibility and driver awareness at the crosswalk, minimize the City of Federal Way's exposure to liability, and provide a lower cost but effective alternative to installing a pedestrian signal. . Install large 48 x 48", pole/mast arm mounted overhead lighted pedestrian crossing sign on both roadway approaches. The pole/mast arm could be placed in the roadway median or behind the sidewalk. Examples of the side mounted and median pole/mast arm apparatus are shown in Exhibits 6 and 7. . Install Rectangular Rapid Flashing Beacons (RRFBs) at nearest edge of the bottom of crosswalk signs facing both approaches of traffic to the crosswalk and provide pedestrian actuation as shown in Exhibit 5. The Rectangular-shaped LED Beacons shall consist of two rectangular beacons aligned horizontally on or within a rectangular shaped housing. The housing shall be twenty four inches (24 in) to thirty inches (30 in) wide. The RRFBs should be installed on the side mounted warning signs at the crosswalk and on either the median warning sign or overhead warning sign. . Remove standard 30" x 30" advance pedestrian warning signs (WII-2 in the MUTCD) and replace with oversized, 48 x 48" advance warning signs for both roadway approaches. . Reconstruct the existing center refuge island to install either a diagonal or staggered crosswalk to improve pedestrian visibility to oncoming traffic. Exhibit 8 illustrates a typical staggered crosswalk. . Install truncated domes and wheelchair ramps as required by the Americans with Disabilities Act Accessibility Guidelines (ADAAG Code 4.29.2) and The City of Federal Way Comprehensive Plan policy TP53. Truncated domes are illustrated in Exhibit 9. . Remove shrubs on the northeast corner of the study area to improve sight visibility for trail users to the east. . Provide a textured crosswalk surface to increase driver awareness (improvement subject to approval from the City of Federal Way maintenance staff). Textured crosswalk treatments are shown in Exhibit 10 and Exhibit 11. . Realign the trail connection on the south side of SW 356th Street to accommodate the staggered/diagonal crosswalk trail offset. These treatment types are typically recommended for higher-volume, multi-lane roads making SW 356th Street an ideal candidate. Combining treatments would provide an increased safety benefit for trail users. A graphical representation of the recommended intersection improvements is shown in Exhibit 12. The following elements may be incorporated with the preferred design enhancements, but should only be implemented as part of a larger, City-wide program. . Provide in-pavement actuated raised markers as shown in Exhibit 13 . Install "Stop for me-It's the Law" signs at major arterial roadway entry location in the City as illustrated in Exhibit 14. . Install anti-skid surfacing in advance of the crosswalk stop bars. City of Federal Way SW 356th Street/BP A Trail Crossing 11 554-2441-014 POl T03 September 2008 09-12-08 BP A -356/h AllachmemFinal Tech Memo _09418-08 TECHNICAL MEMORANDUM (CONTINUED) Exhibit 6. Side-Pole/Mast Arm 48" Overhead Sign Crosswalk Treatment at Lake Washington Boulevard NE /NE 59th Street in Kirkland, WA Exhibit 7. Median-Pole/Mast Arm 48" Overhead Sign with Lighting Crosswalk Treatment at Central Way NE/5th Street in Kirkland, WA City of Federal Way SW 356th Street/BP A Trail Crossing 12 554,2441,014 POl T03 September 2008 09-22-08 BPA-356th Attachmelltfinal Tech Memo _09-08-08 TECHNICAL MEMORANDUM (CONTINUED) Exhibit 8. Staggered Crosswalk Treatment at 130th Avenue NEI NE 8th Street in Bellevue, WA Exhibit 9. ADA compliant wheelchair ramps and truncated domes City of Federal Way SW 356th Street/BPA Trail Crossing 13 554,2441,014 POl T03 September 2008 09-22-08 BPA-356/h Allachmell/_Fil1al Tech Memo _09-08-08 TECHNICAL MEMORANDUM (CONTINUED) Exhibit 10. Textured Crosswalk Surfacing at Crossroads Mall, Bellevue, WA City of Federal Way SW 356th Street/BPA Trail Crossing 14 554-2441-014 POl T03 September 2008 09-22-08 BPA-356/h A/tachmelltFilllll Tech Memo _09-08-08 TECHNICAL MEMORANDUM (CONTINUED) Exhibit 11. Green Honeycomb Crosswalk Surfacing at NE 80th Street! 128th Avenue NE in Kirkland, WA City of Federal Way SW 356th Street/BPA Trail Crossing 15 554-2441-014 POl T03 September 2008 09-22-08 BPA-356/h Allachmell/_Final Tech Memo _09-08-08 TECHNICAL MEMORANDUM (CONTINUED) - Exhibit 12. Existing Conditions and Preferred Treatment of SW 356th StreetlBPA Trail crossing City of Federal Way SW 356th Street/BPA Trail Crossing 16 554-2441-014 POl T03 September 2008 09-22-08 BPA-356/h Allachmell/_Final Tech Memo _09-08-08 ....... .....- -. ------- - ---- --- .- - - ---- -- ---- TECHNICAL MEMORANDUM (CONTINUED) Exhibit 13. In-Pavement Actuated Raised Markers. Kirkland, WA r Exhibit 14. Stop For Me, It's the Law Sign, Kirkland, WA City of Federal Way SW 356th Street/BPA Trail Crossing 17 554,2441-014 POl T03 September 2008 09-22-08 BPA-356th Attachment _Final Tech Memo _09-08-08 COUNCIL MEETING DATE: October 7, 2008 ITEM #: ............._..__.~................._._._..................__............_............ ............... .....M............._.......... .......................----....................--... ............--......-.............. ..... ... .. .. ..............-.................---............................ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Wynstone Final Plat, File No. 08-100695-00-SU POLICY QUESTION: Shall the proposed 45-lot Wynstone Final Plat be approved? COMMITTEE: Land Use & Transportation Committee MEETING DATE: September 22, 2008 CATEGORY: IZI Consent o City Council Business STAFF REpORT By: Jim o Ordinance IZI Resolution o o Public Hearing Other Senior Planner DEPT: Community Development Attachments: Wynstone Final Plat Staff Report dated September 16, 2008, including Wynstone Preliminary Plat Resolution No. 05-439, dated January 18,2005; Wynstone Final Plat Map; and Draft Resolution for Wynstone 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 conformance to the preliminary plat and is in conformity 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 ~~!?4.!~~!.?~~~4....4.~4.~~~ti~~?..~!'?..~-.........................-..... .............-...,'...'..' .........-.........-..-......................--................-.......... .... " ...............----......-.........-....-............. STAFF RECOMMENDATION: Approval of Final Plat ~ DIRECTOR ApPROVAL: ~ Connnittee Council CITY MANAGER ApPROVAL: Council COMMITTEE RECOMMENDATION: I move that the Land Use and Transportation Committee forward to the City Council, and place on the October 7, 2008, City Council consent agenda, a recommendation approving the Wynstone Final Plat Resolution. Dini Duclos, Member Linda Kochmar, Chair Jim Ferrell, Member PROPOSED COUNCIL MOTION: "I move approval of the Wynstone Final Plat application. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # Doc. 1.D. 47028 ~ CITY Of ~ Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM Linda Kochmar, Chairperson Land Use and Transportation Committee Greg Fewins, Director ofC1:piWl~ity Development ~ces Jim Harris, Senior Planner aT' To: FROM: VIA: Cary M. Roe, P.E., Assistant City Manager ~ RE: Request for Wynstone Final Plat Approval File #08-100695-00-SU DATE: September 16, 2008 I. RECOMMENDATION City of Federal Way staff has reviewed the Wynstone final plat for compliance with preliminary plat conditions and all applicable codes and policies, and recommends approval of the final plat application. ll. INTRODUCTION Request: Description: Owner/ Applicant: Engineer: Request for final plat approval for Wynstone Subdivision. The Wynstone Subdivision consists of a total of 45 lots. The subdivision includes 44 single-family lots and one additional one-acre parcel for multi-family development. Access to the site is from SW Campus Drive at the intersection of 10th Avenue SW, from the west from SW 340th Street adjacent to Saghalie Park, and from the south by 12th Avenue SW. All required roads, sidewalks, storm drainage facilities, sewer lines, and water lines have been constructed and/or financially guaranteed in accordance with preliminary plat approval granted by the City Council on January 18,2005. Mike Kershner Wynstone Properties LLC 6901 Ford Drive NW Gig Harbor, W A 98335 Jim Jaeger Jaeger Engineering 9419 South 204th Place Kent, W A 98031 Sewer: Lakehaven Utility District Location: Generally 10cated along the south side of SW Campus Drive at the intersection of 10th Avenue SW. NW 1,4 of Section 19, Township 21 N., Range 4 E., W.M., Federal Way, King County (see Exhibit A - Vicinity Map). Water: Lakehaven Utility District Fire Dept.: South King Fire and Rescue School Dist.: Federal Way School District Prepared By: Jim Harris, Senior Planner ill. HISTORY AND BACKGROUND The Wynstone Subdivision is a proposed subdivision of 45 lots. Lots 1 - 44 are intended for single- family use and lot 45 is intended for multi-family development. (Exhibit B - Final Plat Map). The Wynstone Preliminary Plat, File No. 03-102630-00-SU (Exhibit C - Preliminary Plat Map) was granted approval by the Federal Way City Council on January 18,2005, per Resolution 05-439 (Exhibit D - Wynstone Preliminary Plat Resolution). Zoning for the southern portion of the site (lots 1-4, and lots 18-44) is RS 7.2 (Single-Family Residential) with a minimum lot size of 7,200 square feet. Zoning for the northern portion ofthe site (lots 5-17) is RM 2400 (Multi-family Residential). Lots in the RM 2400 zone must have a minimum lot size of 5,000 square feet for a single-family residence. Lot 45 may develop with up to 16 multi-family units as permitted by the zoning code and Concomitant Zoning Agreement approved for the RM 2400 portion of the site. The Concomitant Zoning Agreement was approved by the City Council concurrent with the preliminary plat approval, under City File No. 03-1 02632-UP, and recorded under King County recording number 20050603001039. The final plat map and lot closure calculations were reviewed to ensure all lots meet the minimum size requirement. The developer applied for final plat approval on February 12, 2008. However, additional information was required in order to have a complete application. The application was determined complete on September 2, 2008. Improvements installed under Engineering Application Number 05-103031-00- EN are now complete and/or bonded per Performance Maintenance No. 5779075 in the amount of $387,465.60. Pursuant to RCW 58.17.110 and FWCC Section 20-136, the City Council is charged with determining whether the following requirements have been met: 1. If the proposed final plat conforms to all terms of the preliminary plat approval; 2. If 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. If all taxes and assessments owing on the property have been paid; and 4. If all required improvements have been made or sufficient security has been accepted by the City. Land Use and Transportation Committee Request for Wynstone Final Plat Approval Page 2 File #08-1 00695-00-SU/Doc. LD. 47029 City of Federal Way staff has reviewed the Wynstone 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 Wynstone final plat is enclosed (Exhibit E - Draft Resolution ofWynstone 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 05-439. Required improvements have been completed and/or financially guaranteed as allowed by FWCC Section 20-135. The resolution adopted the findings of fact and conclusions of the Land Use Hearing Examiner's December 29,2004, Report and Recommendation. Based on review of this application, environmental record, and pertinent decisional criteria, the Department of Community Development Services recommended approval of the preliminary plat subject to the following conditions: 1. Under the terms of the existing Concomitant Zoning Agreement, approval of a new Concomitant Agreement is required concurrent with approval of the preliminary plat on parce11921 04-9044. Therefore, the associated proposed Concomitant Agreement must be adopted concurrent with approval of the preliminary plat. Staff Response: This condition has been met. The Concomitant Zoning Agreement was approved concurrent with the preliminary plat approval by City Council Resolution 05-439 on January 18,2005. 2. Prior to proceeding with plat infrastructure construction, the applicant shall provide a revised landscape plan that includes the following landscaping to be approved by the City: A. Arterial buffer landscaping in Tract C per FWCC Section 20-178; B. Street trees in right-of-way landscape planter strips per Public Works Department Standards; C. Landscaping of Tracts D and H with vegetation including trees, shrubs, and groundcover, to provide a visual separation between the public right-of-way and the proposed stormwater facilities. These landscape tracts shall be owned and maintained by the homeowners' association. The landscape tracts shall be developed with Type ill landscaping. If cyclone fencing is used around the storm drainage ponds, the fencing shall be coated black or green. D. Restoration and landscaping of slopes resulting from clearing, grading, and construction roadways. E. Significant tree retention and protection in compliance with FWCC standards. F. Landscaping adjacent to proposed retaining walls on lots 5-9. Staff Response: This condition has been met. Planning Division and Public Works Department staff reviewed and approved landscape plans meeting the FWCC requirements and condition above. The landscape plan has been implemented and inspected by City staff. Land Use and Transportation Committee Request for Wynstone Final Plat Approval Page 3 File #08-1 00695-00,SU/Doc I.D 47029 3. Based on the August 19,2004, recommendations from Berquist Engineering Services, the final plat map shall note that all building foundations shall be setback from retaining walls a distance equal to the height ofthe wall. Based on December 15, 2003, recommendations in the Berquist report, and the Apri115, 2004 amendment, buildings on lots 19,20, and 45 shall be setback a minimum of 10 feet from the top of the slope that exceeds 10 feet vertical height. Design and construction of the project shall comply with all requirements and recommendations of the Berquist Engineering analysis and reports dated December 15,2003, and Apri115, 2004. Staff Response: This condition has been met. A note implementing these requirements is included on sheet 2 of the final plat. 4. Prior to final plat approval, as required by Metro, the applicant shall design and construct a bus stop shelter footing and bus stop landing in accordance with King County Metro standards for the site.frontage along SW Campus Drive. Prior to construction, the applicant shall provide approval of the landing design and location from Metro. Staff Response: This condition has been met. A bus stop footing and landing in accordance with King County Metro standards has been constructed at the intersection of 1 Oth Avenue SW and SW Campus Drive. 5. The final plat map shall include a note to the following effect: Due to the proposed multi-family development on lot 45, open space on lot 45 was not provided with the subdivision. Open space on lot 45 must meet the greater requirement of the Federal Way Subdivision Code requirement of 15 percent gross open space, or the multi-family open space/recreation area requirements of FWCC Section 22-667. Review and approval of the lot 45 open space will occur in conjunction with permitting and development on lot 45. Open space on lot 45 shall be provided on site and in accordance with provisions ofFWCC Section 22-667, note 2. Staff Response: This has been met. A note meeting the requirements of this condition is included on sheet 2 of the final plat. 6. If included in the final engineering design, retaining walls and rockeries design shall be harmonious with the residential use of the site and shall promote residential design themes through such means as terracing, orientation, natural material selection, use of vegetation, and textural treatment to be designed by the applicant and approved by the Community Development Services Department. Staff Response: This condition has been met. The few walls that are on the site have been reviewed and approved by City staff in accordance with this condition. 7. The applicant shall add a note to the final plat and a notice on the title oflots 22,25, 19,20,40, 41,42,43, and 44 ofthe fact that 13th Court SW will provide access to 10t 45, which will develop with 16 multi-family or single-family residential units. Staff Response: This condition will be met when the applicant records "title notifications" on the subject lots, concurrent with final plat recording. The title notifications cannot be recorded until the plat is recorded. The note implementing this condition is on the final plat map and will be slightly modified before plat recording to meet the condition of plat approval. Land Use and Transportation Committee Request for Wynstone Final Plat Approval Page 4 File #08-1 00695-00,SU/Doc. J.D. 47029 V. SEP A A Mitigated Determination of Non significance (MDNS) was issued on September 1,2004, in accordance with the State Environmental Policy Act (SEP A). The following conditions (summary) of approval were identified: 1. In order to mitigate potential erosion impacts to the infiltration facilities at Panther Lake downstream of this project, clearing grading and street/utility work for the plat improvements is not be permitted from October 31 to March 30, unless approved in writing by the Public Works Director. Staff Response: This condition has been met. This seasonal work restriction was included as a condition of the engineering plans as approved by the Public Works Department. 2. In order to mitigate for the adverse transportation impacts of the new trips generated by the development on existing transportation network, prior to final plat approval, the applicant shall construct the five City Transportation Improvement Plan (TIP) projects impacted by the proposal, or, in lieu of constructing these TIP projects, prior to final plat approval, the applicant may voluntarily pay a pro-rata share contribution of $98,688.00 for the 44 single-family lots, and $20,554.00 for the multi-family project toward construction of the impacted TIP projects. Staff Response: This condition will be met before the recording of the plat. The applicant has chosen to pay the pro-rata traffic mitigation fee of $98,688.00. The multi-family project is not proposed or permitted at this time. 3. The completion ofSW 340th Street between 12th Avenue SW and 19th Avenue SW would create a new route between neighborhoods to the south and Saghalie Junior High School, and shopping areas to the west of the development. This could adversely impact the safety of access to the school. Therefore, prior to final plat approval, the applicant shall construct two speed humps in accordance with City standards on SW 340th Street between 13th Court SW and 19th Avenue SW to mitigate safety impacts associated with the increase in speed and volume of traffic on SW 340th Street. Staff Response: This condition will be met prior to final plat approval. The applicant has installed one of the speed humps and has scheduled the remaining speed hump to be installed by September 19, 2008. 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: 1. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met, as the Wynstone final plat is representative of the preliminary plat and the conditions of preliminary plat have been met or financially guaranteed through bonding. 2. The final plat is in conformity with applicable zoning ordinances or other land use controls. Land Use and Transportation Committee Request for Wynstone Final Plat Approval Page 5 File #08-1 00695-00,SU/Doc. I.D. 47029 Staff Response: This criterion has been met. The plat meets the zoning standards for the RS 7.2 zoning district for the southerly portion of the site, which is zoned RS 7.2. The RS 7.2 portion of the site provides single-family dwelling unit lots that range from 7,200 square feet to 15,645 square feet in size. The northerly portion of the site is zoned RM 2400 and is also governed by a Concomitant Zoning Agreement adopted concurrently with the preliminary plat approval on January 18, 2005. The northerly portion of the site includes lots with a minimum size of 5,000 square feet. Lot 45 is approximately one acre in size and could be developed with up to 16 multi-family units. The plat conforms to the applicable FWCC and Concomitant Zoning Agreement. As provided for in FWCC Section 20-135(b), a performance/ maintenance bond is in place for the entire plat including streets and all infrastructure. 3. That all conditions of the Environmental Determination, 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 within two years of final plat approval. All life safety improvements have been 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, and ensures the public health, safety, and welfare is protected. The plat infrastructure has been installed and adequately financially guaranteed as discussed above, including: safe walking routes of travel to schools and school bus stops, open space provided via fee-in-lieu of payment and on-site open space, drainage systems and water and sewer installed, and street improvements. The applicant is providing a partial fee-in-lieu of open space, and providing partial on-site open space in accordance with FWCC 20-155. 5. That all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: This criterion has been met. All road, pedestrian pathway, and storm drainage improvements have been constructed and/or financially guaranteed. In addition, all water and sewer lines have been installed and approved by Lakehaven Utility District as identified in the Apri123, 2008, letter of substantial completion from Lakehaven Utility District (Exhibit F- Lakehaven Substantial Completion Letter). 6. That all taxes and assessments owing on the property being subdivided have been paid. Staff Response: Prior to recording, King County Department of Assessments will ensure that all taxes and assessments have been paid. Land Use and Transportation Committee Request for Wynstone Final Plat Approval Page 6 File #08-1 00695-00-SU/Doc I.D. 47029 Vll. CONCLUSION Staff recommends approval of the Wynstone 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 ofRCW 58.17.110 and Section 20-136 of the Federal Way City Code. Plat infrastructure improvements have been substantially completed and/or fmancially 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 20-135. The project has been developed in conformance with the preliminary plat approval, Resolution 05-439. EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Vicinity Map Reduced Copy ofWynstone Final Plat Map Reduced Copy of Approved Wynstone Preliminary Plat Resolution 05-439, Wynstone Preliminary Plat Approval Draft Resolution ofWynstone Final Plat Approval Lakehaven Substantial Completion Letter Land Use and Transportation Committee Request for Wynstone Final Plat Approval Page 7 File #08-1 00695-00-SU/Doc. !.D. 47029 ,.. C/) IX) "" ~ ('I') "' 9 c: (0 Q) :2 .... a 0 ~ Q) . IX) Q) Q.. .c '>> en m Q) E 0 "' <( ~ Ea:JQ)<( Q) ~ 5 e ~ -' g ~ Q)S:JS lii u u. lii ~ ::; 0 ~ ii a. ~ "' +' C a. lii lii 'E 'E w >- <1z 0.. - Q) "' c: c .~ ~ 'E III III c: Q)~> . ~ "' Q) Q) Q) III U. U. III I- en Q) <( ~ c Q) E '+ -e c: u u 0 8 Q) Q) 0 'iij ,.. z:. E c. ;2 C> C> ~ Z Qj-g.cS (5 ~ .- 0 5 ~ IE c: c: J> !2. CD u <3 u u ::!E 0 en en ~ 0 0 rn iiiu-co- C) > O-L()~ ~IIII II ON Q) 0.. '>> ('I') "0 ~ a:J :t:: ('I') Q) 0 ~O('l')u- ~ Q. co .... <( ;j u u :E co ~ r: 0 - rn co - .z:. Z c: ~ - .... 0 co := - 0 > c: rn (I) W .:.! co Z E 0 co s ?- m en .... (I) 'C Z (I) u. ~ - 0 .z:. C3 (I) .r. I- ~ Z 0 c: 0 :OJ J9 c: (I) rn (I) .... tG' a. (I) .... ~ ~ :E a. co .... - f! co rn co CU (I) rn ~-C ;j .... ~19J .E 'C (I) 'C ~ c: $ .5 .!a a. co E rn :E I- ~ " .1.L" 10,) .1 V .L'l .c.. r LB. 1 A PORTION OF GOVERNMENT LOT 1 AND A PORTION OF GOVERNMENT LOT 2 OF THE NW 1/4 OF SEC. 19, TWP. 21N., RNG. 4E. W.M. FEDERAL WAY, KING COUNTY, WASHINGTON DEDICATION: APPROVALS: DESCRIPTION: KNOW. ALL Pf.OPl..E 8Y THEE PRESENTS THAT \tlE, THE uNDERSIGNEO OWNERS (It=' INTtAiST IN THE L.AND HEREBY SlJ8OI\lIDEO. HEREBy D&:CL.AAI THIS PL.AT TO BE THE GRAPHIC REPRESENTAtION OF THE 'SU8DIYIltON MAOE. HEREBY. AND 00 H€AtBV ae:aICA if TO THE' USE OF THE PUBLIC FOArvEA AL.1. STREETS AND AViNUES NOT SHOWN AS PRh'''YE HEREON "NO OEOICATE THE USE THEREOF FO$l A\.L PuElLIC PUAPOSEI NOT INCONSIST!NT WITH THE uSE THEREOF FOR Pull-Ie HI"A\' PUAPOJES. .uID Al..flO THE RIGHt TO MAKE ALl. NECEQARY LoPEI FOR CUTB MoIO FILl.S UPON THE loOTS AND TRACTS SliOHN TtEAEON IN THE OFlIIUIUL. REASONABLE GRADING OF SAID STREETS AND AvENUl:S. AND FlJRTHCA DEDICATE TO THE use OF TI'IE PU8I.IC AL.L. TJiE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR AL.L PU8l..1C PURPOSES AS INDICATEO THEREON. INCI.UDING BUT NOT L.I1dTEO TO PARlC.S, OPiN SPACE, UTILITIES ANO ORAINAGE UNLESS SUCH [ASiMENTS OR TRACTS ARE: SPECIFICALLV IO€NTIFIEO ON THIS PLAT AS BEING DEDICATED OR CONvEvED TO A PERSON OR ENTlTV OTHER THAN THE PUBL.IC, IN WHICH CASE WE 00 HEREBv OEOICATE ANO CONVEY SUCH STREEfS. EASEMENTS, OR TRACTS TO THE PlASOH OR ENTITY IDENTIFIED AND FOR THE PuRPOSE STATED. FUATHER. THE UNDERSIGNED OWNERS OF THE LAND HEREBV SUBDIVIDED, WAIVE AND RE:LEASE FOR THENSELvtS, THEIR HEIRS AND ASSIGNS AND ANY PlRSON OA (NTITY DEAIVING TlfLE FROM THE UNDERSIGNED. ANV AND ALL. ClAIMS FOR OAWAG!S AGAINST THE CITY OF FEDERAL WAY. ITS SUCCEBtOAS AND AIIUGNB WHICH MAY BE OCCASIONED BY THE QE:SIGN, lEBTASl.lSHMlNT, CONSTRUCTION. OPERATION. FAII.UAf TO OPERATE, OR MAINTEN"-NC! OF ROADS AND/DR OAAtNAGE SYStEMS. ALTERATIONS OF THE GROUNO SURFACe, VEGETATION. DRAINAGE OF! SURFACE OR sueSURFACE WATEFI nO'll! WITHIN 'I'HE SUBDIVISIONS OR WITHIN ANV OAAINAGE OR DrTENTION FACIl..ITIES OESIGNEOTO RECEIVE OR ACTUAL-L Y RECEIVING OAAINAGE FAOM THE SUBDIVISIONS AND THE: CITy OF FEo.ERAL WAY' S MVIE.. ANO APPROVAL OF PlANS AND PERMITS FOR SAME OTktR THAN Ci.AIMS R!SU\..fING FROM INADEQUATE folAINTENANCE By THE CITy OF FIOlAAL HAY. F~THER. THE LJHQERSIGN!D OWNERS OF THE LAND HiREBY SUBDIVIDED. AcaREE FOR THEHl5iLVES, THEIR Hli:IRS "NO ASSIGNS TO INDEMNIFV, HOUl HARM1..&:SS. AND DEFEND THE CITv OF FEDERAl. WAY. ITS SUCCESSORS AND "SIIGNS, FROM AND AGAINST ANY DAMAGE, INCLUDING ANY COSTS OF o&:FENH. CL.AIMED BV PERSONS WITHIN OR wITHOUT THE SUBOIVISIONS TO HAVE HIN CAUSED BY THE DESIGN. ESTABLISiifolENT, CONSTAUCTION. OPERATION, F'At1.UA1:: TO OPERATE. OR MAINTENANCE OF ROADS AHO/OR DRAINAGE SYSTEM. AL.TEFlAT%ONS OF THE GROUND SUf*'ACE. vEaETATION. CRAINAGlt OR 8URFACE OR SUBSURFACE WATER FI.OWS WITHIN THE SUBDIVISIONS OR WITHIN ANY DRAINAGE OR DETENTION FACIUTU:S DESIGNEO TO RECEIvE OA ACTUALI.Y RECEIVING DRAINAGE FROM THE IUSDIV1!I0H8 AND THE CITY OF fEDERAL "1.'1"5 REVIEW AND APPROVAL OF PL.ANSI ANO PERMITS FOR SAMi, PROVIDED, THIS w.UVEA AND INOBMNIF.1CAT%ON SHALl. HOT BE CONSTRUED AS RELEASING THe CITY OF FEDERAL WAY, ITS SUCCESSORS OR ",SSIGNS. FROM L.lASII..ITY FOR DAMAGeS. INClUOING THE COBT OF DEFENSE, RESUl T ING FROM ANtI TO THE I!:XT~T OF THE SOLE NEGLIGENCE OF THE CITy of FEDERAL. WAY. IT'S 8UCC1f1SORB, OR ASSliNS. THIS IU80IVI81ON. DEDICATION. RELEASE, INDEMNIFICATION OF CUIMll, AND .lIAEI!:MENT TO HOl.O HARML.ESS IS MADE WI iH THE FREE CONS!NT AN[) IN ACCORDANCE WITH THE DESIRES OF SAID OwNeRS IN WITHEts wHliAEOF WE SET OUR HANDS AND SEALS~ r~bMorB'~n~l.tIABtI,lTY COMPANY ACKNOWLEDGMENTS: STATE OF WASHINGTON I ,ss COUNTY OF l<lNQ l 1 CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT IS THE P!ASON WHO APPEAREO 8EFOFlE ME. AND BAIO PERSON ACKNOWL.EOGEO THAT (S) HE SIGNED TMIS INSTRUMENT. ON OATH STATIO (SIHl! WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNQWl.EOGEO IT AS THE OF TO Bi THE FReE ANO VOI.UNT ARV ACT OF SUCH PARTy FoR THE USES ANO PURPOSES MENTIONEO IN THE INSTRUMENT. DATED THIS __ DAY Of' 200_. NOTAAY PV8l..IC IN AND FOR THE STATE OF WASHINGTON RESIDING AT: PRINTED NAME: C0tf4ISSlON EXPIRES: 9TATE OF WASHINGTON I ,as COUNT'/' OF KING I l CEATIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT .18 THE peRaON WHO APPEARED BEFORE 41. AfoG SAID PEAION ACKNONl.&OGED THAT (S) HE SIGNED THIS !N8fAUMlitn', ON OATH STATEO (51 HE WAS AUTHORIZED TO ElIECUTE rHE INSTRUMENT AND ACKNOWlEDGED IT AS THl!: IF TO 8& THE FFlEE AND V01.UNT ARY ACT IF SUCH PARTV FOA THE USES ANtI PURPOSES IICENTlONEO IN THE :NSTAUMENT, JATIiD THIS _ DAY oF 200_, 'DTAAY PUeL.IC IN AND FOR THE STATE OF WASHINGTON ESIDtNG AT: AINNe NAME: OMMIIIION I!ltPIAES: ~IGHT OF WAY DEED: )A~ RI8HT, OF WAY P&F\ DEEO FtLEO UNDER RECORDING JNBER 2008 heel Index: nl~ICAnONS/~t9/APAAOVAl.S/8ENfRALHllrES iTa P;LAfHOTtl/I,DTM/l.M/ADDIlEBSES :T) IICTtarttoNTfloL/ZONINaIlCOloPtlE:HEHSIVEPLAHNQTE !TA lITEPUH tT, BITE PI.AH ,1" PLAt retCTJOII CITY F!LE NO, 08-100S9S-QQ-SU ;em G'))( m:t t~ Fr DEPAllTNENT OF COIOO1NITY DEVELOPMEN'I: EXAMINED AND APPROVE:O THIS _ DAY OF _ 200_, DIRECTOR OF COMMUNITY'OEVEI..OPMENT FEDERAL WAY CI'I'Y COIINCIL: ElIAMlNEO AND APPRovED THIS _ DAY OF ~ 200_, MAYOFl ATTEST: CITY CLERK DEPARTNElIT OF PUBUC WORKS: EXAMINED AND APPflOvEO THIS _ DAV OF _________ 200_, PUBLIC WORKS DIRECTOR KING COUNTY DEPARTNENT OF ASSESSMENTS: EXAMINED AND APPAOl/ED THIS _ OAY OF __ 200_. KING COUN1'Y ASSES~ ACCOUNT NUMBER DEPUTY KING COUNT'I AssESSOR FINANCE DIVISION CERTIFICATE: 1 HEREev CERTIFY lHAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARf NO DEI.1NQU€NT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COI.LECfION AND THAT Al.L SPECIAL. ASSI!:SSMENTS CERTIFIEO TO THIS OFFICE FOR COLLECTION ON ANY. OF THE PROP- ERTY HEREIN CONTAINl!:O. DEDICATEO AS STREETS ALLEYS OR FOR ANY OTHER PUSLIC U9E. ARE PAID IN FULL THIS _DAY OF' _200_ FINANCE DIVISION MANAGER. FINANCE DIVISION DEPUTY RECORDING CERTIFICATE: F'lL.EO FOR RECORD AT TIit REOUEST OF 'THE FEDERAL WAY cITy COUNCIL. THIS _ DAY OF ______ 200-, AT _ MINUTES PAST _,101. AND RECORDED IN VOLUME _ OF PL.AT!, PAGES _ RECORDS OF KING COUNTY, WASHINGTON. DIVISION OF RECOFIOS AND ELECTIONS: MANAGER sllf'ERINTENOENT OF RECQJlOS SURVEYOR'S CERTIFICATE: I MERESY CERTIFY 'l'HIS PI-AT OF ~YNSTDNE PLAT IS BASEO UPON AN ACTUAL SURVEY ANO THA T THE COURSES ANa OtSTANCES SHOWN ARE SHOWN CORRECTLY HEREON, THAT THE MONUMENTS WII.L BE SET ANO THE LOT ANO BLOCK CORNERS WILL BE STAKED CORRE.CTI.V ON THE GAOllNO AS CONSTRUCTION IS COMPLETED ANO THAT I HAVE FUI.I.Y COMPLIEO WITH THE PAOI/ISIONS OF THE PLATTING FlEOULATIONS. STE~L'S. CERTIFICATE NO. ~8Q8e 9-,',..4/ OATE ACKNOWLEDGMENTS: STATE OF llASHINGTON l lSS COUNTY OF KING 1 I CERTIFY THAT I KNOW OR HAVE. SATISFACTORY EvIOENCE THAT IS THE PERSON WHO APPEAFlEQ BE.p'OAE: MS. ANO SAID PERSON ACt(NOI'lLEOGtO 1HAT (Sl Hf SIGNED THIS INSTRUMENT, ON OATH SlTATI!D IS) HE WAS AUTHORIZEO TO EXECUTE THE INSTRUMENT AND ACKNOWL.!OGEO IT AS THE OF TO SE THE FREE ANO VOLUNTARY AcT OF SUCH PAFlTv FOR THE USES AND P\JFIPOS!S MENTIONED IN THE IN9TFlUME.NT, OATEO THIS _ DAY OF 200_. NOTARY PlJ8LIC IN ANa FOR THE STAte OF WASHINGTON RESIDING AT: PRINTED NAME: COMMISSION ElIFlIRES: CBNTlp~ P~I~t~ 2<16 Railroad. Avenue North - Kent, \fA 98032 253-813-1901 malo 253-813-1908 fax llJU1N BY; 0 Woods CB!CItI1l BY: S Woods ... ".. Jan, 31, 2008 lOll HoUlE: 2646 2646 NA .lOB 1IO,~ PARCEL k THAT PORTION OF GOVERNMENT LOT 1, :IN SECT.ION 1S. TOWNSHIP 21 NORTH. RANGE A EAST :01" THE WILLAMETTE MEIUOIAN, IN KING COUNTY. WASHINGTON; iSAID PORTION lUNG MOAf PARTlCULARLY OESCRIBEO AS FOI.l.OWS: COMMENCtNG AT THE NORTHWEST CORNER OF1 SAID SECTION 19; THENCE AI.ONG THE NORTH LlNE Tl1SREOF SOUTH a9 '00' 18" EAST 335.18 FEET: THENCf SOUTH 0:1 "~' i&" WEST 4t. Db FEET TO THE SOUTHERL ~ I4ARGIJ\l OF THE l.AND otScRtseo (N OEEO FlECOAOEO uNOER AECOfIOING NO.B~(jU7066~. IN KINGi COUNTY, WASHINGTON; THENCE AL.ONG SAID SOUTHERLY MARGIN SOUTH 89 '00' Ie" E",ST 16,01 FEET TO THE BEGINNING Of' Ai CURvE CONCAVE TO 1ME SOUTHWEST HAVING" A RADIUS OF 6~e~, 00 FEET; THENCE EASTe.RlY -AND SOUTHEASTERLY 100.504 FEET AL.ONG SAID CURVE THROUGH A CENTRAL ANGI.E 'Of! so '59'59": THENCE SOUTH 28 '00' ili" eAST 422.43 FEET TO TH.E TRUE POINT (Jf BEGINNING AND TH'e BEGINNING OF Ai CURvE CONCAVE '1'0 THE NORtHtAST HAVING: A RADIUS OF 8:042;00 FEET; THENCE SOlJTHEASTeAl.. Y 217.049 FI!:Et' ALONG SAID CURVE THROuGH A CENTRAL ANGI.E OF: 14'047'!lg" lO~,A!RAOIAL LINE OF SAto CURVE WHICH BEAAS SOUTH A7'U'42" wtST:' ' THENCE LEAVING :SAIO MAAGIN AI.ONG. THE NON-TANGENT E:AST LINE OF SAID GOvERNMENT L.DT SOUTH O'I'19'12~ HEST 390,17 FEET TO THE SQVTHtAST CORNER THEREOF: THENCE AL.ONG THE' SOUTH UNE OF!'.GOVERN/IIENT LOT. NORTH ea '59'20" 'ldST :e61. 92 FEET TO tHE BEGINNING OF A NON-TANGEr.jT CURvE CONcA....e TO' THE SDUTHEASTiHAVING:A RADIUS OF B97.03 FEf.T (A RAOIAI. LINE ,THROlJGH SAID BEGINNING 'SEARS NORTH 74'46';14 ~~~~~~ NOATHE~'1': AHD NOATHEAST~RJy 732.77 fEET ALONG SAID CURve THROlJlJH A CENTRAL ANGLE OF :46 '4$' Hi" TO THE TRUE POINT OF BEGINNING. SITuATE IN THI!: COUNTY OF KING, STAte :OF WASHINGTON PARCEL B: THAT PORTION 01" GOVERNMENT l.OT 2, tN iSfCHaN 19. TOWNSHIFl2i NORTH. RANGE" EAST OF THE l'lILLAfolETTE MERIDIAN. IN KING COIJNTr. WASHINGTON, LYING N~TIfERI.Y OF A qNE' BEGINNING ON tHE WESTERL-Y LINE: OF SAID GOVERNfolENT l.OT AT A POINT 0412'.00 FEET SOUTHERLY OF ~~~';~R~:;iSioC~~~A~~~~LINE ~ SAtO G~VERNMfNT LOT. EXCEPT THE HESnALY 2601.00 FEET THt~'OF: ANO EXCEPT THAT PORTION DESCRIBED AS FOl.l.Ol'lS' COMMENCING AT THE NOATHWEST coRNER OF, THE SOUTHWESt QUARTER Of THE NORTHWEST QUARTER OF SAID S.ECTION HI: THENCe SOUTH 89"21'3i' EAST ALQNO: THE NORTH LINE THEREOF, A DISTANC~ OF 264.01 F,EE~ TO THE POINT OF'8EGINNING: THENCE CONTINUINO SOUTH B9'21' 3t": EAST: A DISTANCE OF 298.22 ~~~~~E SOUTH iP~1'i7. WEST. A ~I~TANCE OF 122.Ga FEEt THfNCE SOUTH 70'0,"00' WEST. A'DUTANCE OF 83,38 FEET; 'tHENCE SOUTH 83~'404'!3" WE9':', A ,DISTANCE Of H54.A6 FEET: ~~~~~l~R~ :e i~'~: ~~" F~~T RA~Ie;f~~~;~ ~~E 04~E~~E~e~: ~~I~~E BEARS SOUTH 158'44.'31" WEST; :; THENCE NORTHWEBTEAI. Y Al.ONG SAlO:' CURVE. THROUGM A CENTAA~ ANGLE OF 05~OO'38~,. AN :ARC DIST.-.NCE QF!.ag. 13 :fi;'~ET: THENCe: NDATH 01"08'18" EAST PAR~LLEL \'lITH THE WEST LINE OF THE souTHWESTlWARTEA OF SAID NOIltHHEST QUARTER. A DISTANCE OF 189.39 FEET TO: THE POINT OF ~E~INNI~, SITUATE IN THE COUNTY OF KING. STATE ~F WASHINGTON. NOTES: 1) THE MONUMENT coNTROL. SHOWN FOR THis SI":E WAS ACCOMPI.IStEO :~ T~ Ii~~I::~E~c~~~~I~S~A~~ i~i~s5~~~D M~~~OLI TI (GEOOIMETI!:R 6001: AND REAL TIME KHt&MAHC tATK) I STATIC- GLOeAL P'OSITIONIMG SYSTE:M (BPS); :LINEAR AND ANGULAR CL-OSURE OF THE TRAVERSES MEET THE :ST A~AROS OF WAC 39jj!-1.30~090" 2) UTILITIES OTttER :'I'IU,N THOSE SHOwN ~AY ElI'IST ON THIS SITE. ONLY THOSE WHICH ARE VISIBLE OR !HAVING' VISI8LE EltlOENCf.' OF THfIR INSTAL-LATION ARE SHOWN lHEREON' 3) FULL REl.IANCE FOR :LI6AI. DESCRIP1I~S ANO RECORDED EASEMENTS HAVE SUN Pl.ACEO ON THE "TITLEi AEPORT FROM ~~~~~e~=~~~~A~~~~~ ~~P~ak~~~T~~iT~~;r NO. RESEARCH HAS IEEN 'A TTEMFlTEO. ; <I) OFFSET OIMEHSION:$ 'SHOWN HEREON ARE: MEASURED PERPENOICULAR TO PROPERTY UNES.! ; i BASIS OFBEARINGi , TRue NORTH, BAS!.D uP~ GI.OBAl. POS.1 ! ~ING :$YSl'EM tOPS) LAMSfAT GRID HASH.1NGtON STATE NORTH COORDINATES, A CONVERGENCE ANGL.I Of :o'f, '07'03.se" OCKWISE WAS APPLIEO AT A PUNCH IN 'i.5" BRASS f!: westEANMOST ~~~T~:~",~ fHE 1:~~;V=~T:~u~~Rk~ OF ;JEcnoN 1i. TOIlNSHIP 21 NOFITtt. AIj~E .. EAST OF THE IWIL-J.~METTE fl\ERIOIAN. ~~~RO~~~E~~:~iA~~~O OFea 1~~'~:~~!1~~D 1:::;:i~, ~~~O AT THAT POINT. THE INVERSE OF 80TH THE I_A l.EVEL. CORFlECT ION FACTOR OF o,51tittOeSle: -AND TH! GRID SC'AUE FACTOR OF 1.0000404li1U WAS AFlPLIED TO THE GRID COORoINA:TES FOR SMOWN GROUND DISTANtI!.. ., I BUILDING SETBAC*S: FRONT ~ 20 FEET , SlOE ~ 5 FEE' : REAR - e FEET . i: i .: i CORNER LOT BUILOING SErSACKS AfllE OET!RM:lNEO PURSUANT TO Fwccl SECTION 2iiH, FlROPEATy,!t.IN! DEFINITIOM,: SETBACKS FOR LOT 3" W~LL BE REVISED to CO!NCJOf WITH THE,VACATION O~' SW 340TH ST AS DEP~C:,TEO tN DETAIL :~o" ON-~AGE 6 OF IS. DENSITY NOTE: MAXIMUM DENSITY FOR L.O{<4& IS is UNIT5. !PfR ~lHE CONCOMITANT iDN1NG AGREEMENT APPAO'{tO ev :T~ FEDalAL l'lAY!Cpy C~IL. SECTION~. 1- D1tDDAfk : ': ; i GLl-Gl2-NW 19, T21N, R4E. w'M St/RVEY1O!Ii :,: : j ~~ggt~~~dPb~:~~~t~=s, LLC\ ! Gi g Harbor, .W~. 96335 VV Y 1\J;:i TU 1\J ~ j:J LAT A PORTION OF GOVERNMENT LOT 1 AND A PORTION OF GOVERNMENT LOT 2 OF THE NW 1/4 OF SEC. 19, TWP. 21N., RNG. 4E. W. M. FEDERAL WAY, KING COUNTY, WASHINGTON EASEMENTS & RESERVATIONS: PLAT NOTES: 1. DURING THl! COURSE OF CONSTRUCTION OF AN'I LOT l'I1THIN THIS SUBDIVISION, I!ITue OUT INVERT EL.Ev"TtONS FDA STORM OAAtNAGE SHOULD ee. vERIFIED BY THE INOlv!OlJAL LOT BUILDER OR OwNER TO PROvIDE THE NECESSARY 91...OPE FROM THE PROPOSED HOUSE. 2. THE ARTICLES OF INCOAPDRAT10N FOR THE HYNSTONE HOMEOWNERS ASSOCIAlION ARE ON FIL.E WITH THE STATE OF I'lASHINGTON. 3. ALl. l.OTS AO..JOIHING AN AREA OR HAVING AREA Hlll1 II SENSITIVe AR!A SETBACK OR SENSIT1ve AREA TRACT SHALL. BE PROVIOED W1TH A eOUNDARY OEL!NEATlON (f,G.. TEMPOflARY PlASTIC FENCING) ACCEPTABLE TO THE cny OF FEDERAL I'lAY DEPARTMENT OF COMMUNITy SERVIceS (ceDS) , OR ns SuCCESSDA AGENCY. BETweEN THE L.OT OR pQAT10N (ll OF THE L.OT AND THE AAE:A REsTRte,TEO. SAtD aOUNDARY oeLINE...TION SHALL. BE IN pL.ACE PAl OR TO ANY GA.o.otNG OR CLUFUNO OF tHE SUBOIVISION AND REMAIN IN PLACE UNTIL. A DWEL.L.ING IS CONSTRUCTED ON THE 1..0T ANO ol'lNERSHIP TAAHSFERREO TO THE rIABT OWNER-OCCUPANT II. TRACT A IS A DRAINAGE WATER QUALITY TRACT, AND IS HEREBy DEDICATED TO THE CITY OF FEDERAL WAY FOR OWNERSHIP AND MAINTENANCE PlIFIPOSES. ~. TRACT B IS A DRAINAGE WATER QUALITY TRACT, AND IS HEREBY DEDICATED TO THE CITY OF FEOERAI. WAY FDA D'IlNER9HIP ,I,,,,D MAINTENANCE PURPOSES. e. TRACT C IS A LANDSCAP! TRACT. AND IS HEREBY CONYEYEO TO THE HOMEOWNERS' ASSOCIATION IDENTIl"1EO IN NOTe; 2. AeovE, FOR OWNlRSHIP ANO MAINTENANCE puRPOSES. AN EASEMENT FOR INGRESS, EGRE'S ANO-UTILITIES Ol/ER THE ENTIRE TRACT /l.RE HEREBY DEDICATED TO THE cny OF FEDERA\. WAY. NO STRUCTuRE. INCl..lJOING SIGNAGE OR MONlJMENTS SHAI.\. BE AL\.O\'lED O't'ER EKleTING STORM DRAINAGE PIPES, AS OETERMINEO By THE FEDERAL WAY PUBLIC WORKS STORM WATER MANAGEMENT DEPARTMENT. 7. TAACT D 15 A LANDSCAPE TRACT. AND IS HEREBY CONVEyED TO THE HOM!DWNfRS' ASSOCIATION IDENTIFIED IN NOTE 2. ABOVe, FOA OWNERSHIP AND MAINTENANCE PURPOSES, AN EASEMENT FDA INGRESS, EGRESS AND UTILITIES OVER THE ENTIRE TRACT IS HEAEB'!' DEDICATEO TO THE CITY OF FEOERAL \tjAY. .NO STRUCTURE. INCLUDING $IGNAGE OR MONuMENTS SHALl. se AI..LOl\'E.D ovER EKlSTlNG STORM ORAINAG! PIPES, AS OETERMlfllEO BY THE FEOERAL WAY PUBLIC wORKS STORM WATER MANAGEMENT DEPARTMENT 8. TRACT E IS A PEDESTRIAN ACCESS TRACT, AND IS FDA THE 8ENEFIT OF ALL 1..0T OWNERS IN THIS PLAT. EACH OWNERSHIP OF A 1..0T IN THIS Pt.Af INCI..UOES AN E.OUAL AND UNDIVIOEO OWNERSHIP INTEREST IN TRACT E. AND AN EQUAL. AliD UNDIvIOEO RESPONSIBILITY FOR THE MAINTENANCE OF" SAID fRACT E. 9. TRACT F IS A PEDeSTRIAN ACCESS TRACT. ANO 15 FOR THE BENEFIT OF AI.I. LOT OWNERS IN THIS Pt.AT, EACH OWNERSHIP OF A LoT IN THIS PLAT INCI.UOl!:S AN EQUAl.. AND UNDIVIDED OWNERSHIP INTEREST IN TAACT F, AND AN eQUAL AND UNOI't'IOED RESPONSII:lIUTY FOR THE I4AINTENANCI!: OF SAID TRACT F. 10. TRACT G IS AN EN't'IRONMENTAt.I.Y SENSITI't'E AREA iHACT CONTAINING ltlETI.ANDS AND/OR WETLAND BUFFERS ANO 15 HEREin CONVEYED TO TI'I4 HOMEOWNERS' Assoc1ATION IDENTiFIED IN NOTE a, A80V!. FOR OWNERSHIP AND MAINTENANCE PURPOSES AND IS TO RENAIN UNQISTURBEO (SEE NOTE AT RIGHT). THE REMOVAL OR DISTuAElANCe. OF VEGETATION ANO LANDSCAPING SHAI.\. BE PROHIBITED wITHIN TRACT G. EXCEPT AS NECESSA.~Y FOR MAINTENANCE OR REPLACEMENT OF EXISTING Pl.ANTlNGS AND AS APPRoveD ey tHE CITY OF FEDERAL WAY. TRACT G SHALL NOT BE: Df.VELOPEO 'fltTH Atf1' BUILDINGS. AND MAY NOT BE USED FOR FINANCIAL GAIN. 11. TRACT H IS A L.ANDSCAPE TRACT, AND IS HEREBY CONYfyEO TO THE HO~OWNl:R$' ASSOCIATION IDENTIFIED IN NOTE: 2, ,b,BOYE, FOR OWNERSHIP AND MAINTENANCE PURPOSES. AN EASEMENT FOR INGRESS, EQAESS AND UTILITIES OVER THE ENTIRE TRACT IS H!A!BY DEDICATEO TO THE CITY OF FEOEAAL. WAY. NO . STAUCTURE. INCLUDING SIGNAGE OR MONUMENTS SHAll BE ALLOWED O\lER EX1STINO SlORM DFlAINAOE PIPES, AS DETERMINED BY THE FED!RA.1.. WA.Y PUBLIC \'IORKS STORM wATl::R MANAGEMENT OI!PARTMENT, 12. ALL WATERLINE EASEMENTS AND SANITARY SEWER EASEMi:NTS ARE HEREBY CONVEYED TO LAKEHAVEN uTILITy DISTRICT FOR THE PUAPOSE OF SERl/lNG THIS SUBDIVISION AND OTHER PROPERTy wITH WATER AND SANITARY SEWER SERVICE. iSEE "PLAT DEDICATION FOR NON~EXCLUSlvE EASEMENT" AT RIGHT.) 13, ALt. PuSLIC STORM DRAINAGE EASEMENTS NOTED HEREUN ARE HEREB'!' OEOI;CATEO TO THE CITy OF FEOERAt. WAY FOR ANY FUT~ CONSTRUCTION. MAINTENANCE ANO REPAIR Of STORM OFlAINAGE FACILITIES, 1.... ALL PRIVATE stORM DRAINAGE EASEMENTS NOTED HEI1EON ARE HEREBy CONVEYED TO THE LoT OWNER {Si WHO WDU~O BENEFIT FROM TH€ EASEMENT. THE O'llNER (5) OF $,1,10 LOTS HAVING BENEFIT SHALl. BE EQUALl. Y RESPONSIBt.E FOR THE MAINTENANf:E AND REPAIR OF STOFlM DRAINAGE FACILITIES wITHIN THE EASEMENT. A. THE. 10' PRIVATE STOJlM DRAINAGE EASEMENT \dTHIN ..OTs 30. :111, 3:i! ANO TRACT F IS FOR THE BENEFIT OF LOTS 29, 30, 31. 32. TRACT F AND TRACT e. s. THE !. PRIVATE STORM DRAINAGE EASEMENT wITHIN lOTS 21, 22. 23, 204, 2S. 26 AND 27 IS FOR THE BENEFIT Of 1..0TS 21. 22, 23. 204. 2S, 25. .21 AND as. C, THE 10' PRIVATE stORM OFlAtNAGE EASEMENT wITHIN lOTS 1, Iii: ANO :3 IS F'OR THE BE.NEFIT OF LOTS 1, 2 ""'40 :3 o. THE e' PRIVATE STORM QAAINAGE EASEMENT WITHIN t.OTS H, 12. 13. 1011I, 11, 16 AND 17 IS FOR THE BENEFIT OF LOTS 10, H, 12, 13. 14. is, is. 17 AND lB. E. THE 6' PRIVATE STORM DRAINAGE EASEMENT wITHIN lOT 20 19 fl'~ tM!:: BENEF IT OF LOTS HI AND 20. F. THE 6' PRIVATE STORM DRAINAGE EASEMENT WITHIN LOTS :35, se. a7 AND 38 IS FOR THE BENEFIT of LOTS 35, ;;6, ;;7. 38 AND 30. G. THE 10' PFlIVAft STORM DAAINAGE EASEMENT WITHIN lOTS 38, a7. 012. 43 AND 44 IS J!"OR THE ElENEFIT OF" LOTS 36 37, 41, 42, "'3, AND 011I01. ~otice of Access: 3TH COURt SOUTHWEST WILL PRovIDE Access TO LOTS 19 20, '2. 215, 010, ...1., 0Ii, 43. 04'" AND ...~. 'IlHICH WILL DEVELOP ULTt"P"AMILY OR SINGI.E FAMII.Y RESIDENTIAL UNITS. 3uilding Foundation Note: IILOING, FOUHOATION$ SHALL BE SET BACK FROM RI!:TAININll ILLS A DISTANCE EOUAL TO THE HEIGHT OF THE WALLS. JRTH!AMORE, BUIL.DINGS ON LOTS ie, 20 ANO 415 SHAL.L BE tT BAtie A MINIMUM OF 10 FEET FROM THE TOP OF AN'!' FINISHEO .OPE THAT ExcEEDS 10 FEET IN vERTICAL HEIGHT. Tertical Datum: TIONAL GEODETIC VERTICAL DATUM OF 1929 - YO 29 (CITY OF I'EOERAI. WAYl CITY FILE NO. OB-:100695-00-SU "~m l5>< ~~ AN EASEMENT IS HEREBY RESERVED FOR AND GRANTEO TO PUGET SOUND ENERGY. ANY TELEPHONE COMPAN~, ANY CABLE COMPANY AND THEIR RESPECTIvE SUCCESSORS AND ASSIGNS, UNOER AND UPON THE! PAIVATE ACCESS AND UTILIT'!' EASEMENTS AND THE EXTERIOFl 10 FEEt, PARAl..l..EL Wl'TH AND AO.JOINING THE PUBLIC ROAD FRONTAGE OF AI.l. LOT6 AND TRACTS, 1N 'IlHICH TO INSTALL. CONSTRUCT. RENEW, OPERATE AND MAINTAIN uNDERGROUND CONDUITS. MAINS. CAaL.ES ANO wIRES HIfH THE NECESSAAY FACILITtES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERYING tHIS SU80IVISION AND OTHER PROPERTY WI TH ELECTRIC, TELEPI'IONE. CABt.E, WATER AND GAS SERVICE TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT AI..L TIMES FOR THE PuRPOSE HE"EIN STAlED, THESE EASEMENTS ENTERED uPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR ,,\,S POSSIBLE TO THEIR ORIGINAL CONDITION BY THE uTtLIT'!'. NO" LINES OR wIRiS FOR THE TRANSMISSION OF ELECTRIC CURRENT. TELEPHONE, OR CAe~E TV SHALL eE PL.ACEO OR at Pe.RNITlED TO 5E PLACED uPON ANY LOT UNLESS THE SAME SHALL SE UNOERllRouNtl OR IN CONQU11' An ACHEO TO A BUILOING. AN EASEMENT IS HEREBY IRREVOCASl. 'I' RESERVED FOR AND GRANTED TO LAKEHAYEN UTILIlY DISTRICT FOR SO LONG AS IT SHALl. OWN ANO MAINTAIN THE UTlt.IlIES REFERENCED HEREIN UNDER AND UPON THE ,,\,REA SHOWN ON THE PLAT AND OESCAISED HEREIN AS "WATER EASEMENT' AND/OR "SEWER EASEMENT"' TO 1NSTALL., MAINTAIN. REPLACE AND OPERATE WATER ANO SEweR MAINS AND APPURTENANCES FOR THIS SUBOIVIS10N AND OTHER PROPE.RTY TOGETHER WITH THE RIGHt TO ENTER UPON SAID EASEMENT AT ALl. 'tIMES FOP. lHE PUR?OSES STATED. NO BuILDING, WALL, ROCKERY, FENCE. TREES OR STRUCTURE OF ANY KINO SH,,\,LL se ERECTED OR PLANTED, NOR SH"\'lL ANY FILl. MATERIAL Be:. PLACEO WITHIN THE 80UNOARIES OF SAID EASEMENT AREA, NO EXCAVATION SHAL~ Be MAOE HllHIN THREE (3) FEET OF SAID WATER OR SEWER SERVICE FIIClt.HIES AND THE SURFACE I..EVEL OF THE GROUND WITHIN THE EASEMENT SHALL SE MAINTAINEO AT THE ELEVATIONS CURRENTLY EXISTING, GRANTOR ADDlTION"\'I.LY GRANTS TO THE GRANTEE THE USE OF SUCH ADDITIONAL AREA IMME01ATEt.Y ADJACENT TO SAID EASEMENT AS StiAL.l. BE REllUlRED FOR THE CONSTRUCTION, RECONSTRUCTION, MAINTENANCE AND OPERATION OF SAID SEWER FACIdTIES. THE USE OF SUCH ADDITIONAL AREA SHALl. Be HELD TO A REASONABLE MINIMUM AND ElE REfuANEO to THE CONDITION EXISTING IMMEDIATELY BEFORE THE PROPERTY \'lAS ENTERED UPON BY GRANTEE OR ITS AGENTS, IN ADD1T10N TO THE OTHER RESTRICTIONS HEREIN. GRANTOR SHALl. NOT CONvEY TO A THIRD PARTY ANY EASEMENT OR OTHER RIGHT OF uSIIGE IN THE PROPERTY THAT WOULD IMPAIR OR UMIT THE GRANTEE'S USE OF THE EASEMENT AAIlA DRAINAGE EASEMENT RESTRICTIONS: STRUCTURES. FILLS OR OS,STRuCTlONS (EXCLUDING DECKS, PAnos OR OVERHANGS) SHALL NOT BE PERMITTED WITHIN ORA1NAtlE EASEMENTS. AODITIONAl.lY, GRAOING AND CONSTRUCTION OF FENCING SHAl..1.. NOT BE AL.l.OWEO WITHIN THE DRAINAGE EASEMENTS SHOWN ON THIS PLAT UNt.ESS OTHERWISE APPROVED I3Y THE HOMEOWNERS ASSOCIATION. ) LOT AREAS: SQ',F'J:, ACRES cOT 1 1!56"'~ 0.359 .LDT 2 8317 0.191 \.OT :3 7:297 O.16B LOT 4 1216 0.161 1.0T ~ 'i'l 0.1113 l.OT 8 ~1'O 0.118 t.OT 1 "50 O,liB Lor e ~i'p 0.118 \.OT 9 ~H'O 0.11B L.OT 10 15178 0,U9 t.OT lt '405 0.124 lOT 12 5190 0.U9 LOT 13 6296 0.145 LOT 104 7278 0,167 LOl 15 7,2'36 0,167 t.OT :Ie 15940 0,159 LOT 11 6317 0.145 LOT lB 1566 0,174 LOT 19 7'339 0,173 LOT 20 7.4l25 0.170 LOT 21 7212 0,166 LOT 22 7203 0.165 LOT 23 9287 0,213 LOT 204 12368 0,204 LOT 25 1~0" 0.172 LoT 26 1467 0_ 17~ LOT 27 721~ 0,166 LOT 2B 7214 0.166 LOT 29 7200 0.165 LOT 30 """ 0.172 LoT 3.1 7212 o 166 LOT 32 1204 0.16'3 LOT 39 7229 0.166 LOT 34 7.B06 0,179 LOT 35 721!5 0.166 l..OT 915 7209 o 165 LOT 37 1'200 0,165 LOT 3B 7200 0_16~ LOT 99 7200 0,1135 LOT 40 7S9B 0.181 LOT 41 72'0 0,166 \.OT 42 7:49~ 0.172 'l.OT 043 10026 0.~30 LOT 44 11~5 0,254 LOT 4e ...3'0.4l7 0.98a TRACT A 10,120 0.232 TRACT e 4269 0.09S ,TRACT C 14723 0,338 TAACT 0 ." 0,014 JRACT E 2833 0.O6!:l :TRACT F 2.1.4l0 0,04g TRACT G 16'.4l7B 0:376 -TRACT 1-1 281 0.005 ROADS 15~64 3.833 O't'eRALI. 'B7~9~ j3,4S7 NET PI.!.AT AREA: 369051 SQ.Fl B,473 ACRE:' RESTRICTIONS FOR ENVIRONMENTALLY SENSITIVE AREA TRACTS, SENSITIVE AREAS AND BUFFERS: DEDICATION OF A SENSITIVE AREA TRACT/ SENSITI\lE AREA ANQ BUFFER CONVEyS to THE PUBLIC A 8ENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT! SENSITIvE AREA AND SuFFER, THIS INTEREST INCLlJOfS THE PRESERVATION OF NATIVE vEGETATION FOR ALL pURPoses tHAT BENEFIT THE PuBLIC HEALTH. SAFETY, AND WE~FARE. INCLUDING EAOSION CONTROL OF SURFACe: WATER AND EROSION MAtNTENANCE OF SLOPE STAeILIT'!' AND PROTECTION OF PLANT ANO ANIMA\. HABITAT. THE SEN!ITIVE AREA TRACTI SENSITIYE AREA AND BuFFER IMPOSE UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF L.AND {SUBJECT TO THE tRACT! SENSITIVE AREA ANO SuFFER} THE OBLIGAT-ION, ENFORCEABLE ON BEHAt.F OF THE PUBLIC BY THE CITY OF FEOERAL WAY. TO LEAVE UNOISTUflBEO ALL TREES AND OTHE:R VEGETATION WIlHIN THE TRACT! SENSITIVE AflEA AND BuFFER. THE VEGnATlON 'IlIlHIN THE TRACT/ SENSITIYE IIREA AND BUFFER MAY NOT BE CUT, PRUNED, CO\lERED BY FIl..t.. REMOvED DR DAMAGED wITHouT APPROVAL IN wRITING FROM THE eIT'!' OF Ft:OERAL \'lAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES OR I TS SUCCESSOR AGENCY. THE COMMON BOUNDARy BETWEEiN THE TRACT/ SENSITIVE AREA AND BIJFFEA AND THE AREA OF OEVEt.OPMENT ACTIVITY MUST BE MARKED Of! OTHERWISE FLAGGEO TO THE SATISFACTION OF THE CITY OF FEDERAL WAY PRIOR TO ANY CLEARING. GRADING. SUILDING CONSTRUCTION OR OTHER OE\lELOPM€NT ACllYlTY ON A LOT SUB.JfCT TO THE SENSITI't'e AREA TRACTI SENSITIVE AREA AND BUFFER. THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT PROPOSAL ACTIVITIES IN THE VICINITy OF 1'HE SENSITIYE AREA ARE COMPLETED. SENSITIvE AREA TRACTS SHALL NOT BE DEVELOPED WITH ANY SUIL.OINOS:. AND MAY NOT BE USED FOR FINANCIA~ GAIN. Landscaping Note: STREET TREES PLANTEO AS A CONOITION OF PLAT APPROVAL SHALL BE PLANTED ACCOROING TO THE APPROVEO ENGINEERING Pt.ANS, PERMIT NUMSER OS-~0303~~OO-EN. ON FILE WITH lHE CITY Of FEDERAL 1'1'-'1'. THE STREET TAEES PLANTED WITHIN AaUTTING INDIvIDUAL LOTS AND PI..ANTER stRIPS SHALl. BE MI\lNTAINEO BY THE OWNERS OF SAID LOTS, ANO THE STREET TREES Pt.ANTEO WITHIN AND/OR ABuTTING THE PRIVATE ANO PUBLIC TRACTS WITHIN THIS PLAT SHALL BE OWNED AND MAINTAINED By THE HOMEOWNERS ASSOCIATION. Open Space Note: DUE TO THE PROPOSED MUt.TI-FAMIt.Y DEVELOPMENT ON LOT 45. OPEN SPACE ON LOT oIS WAS NOT PRo't'IOEO WITH THI$ SUBOl't'lSION. OPEN SPACE ON 1.0T 45 MUST MEET THE GREATER REQUIREMENT of FEDERAL WA'!' SUBDIVISION COOE REQUIREMENt OF 15 PERCENT GROSS OPEN SPACE, OR THE MULT1-FAMII.Y OPEN SPACE/RECREATION AREA REQUIAEMENTS OF FWec SECTION 22-661. REVIEw AND APPROVAL OF THE L.DT 415 OPEN SPACE wlt.L OCCUA ,IN CON.JUNCTION wITH PERMITTING AND DEVELOPMENT ON 1.01 45. OPEN SPACE ON LOT 4e SHAI.L BE PROVIDED ON-SUE ANO IN ACCORDANCE WITH PROViSIONS OF FWCC SECTION 22-667, NOTE 2. CBNT~ P INTB /10.......... .... "" 206 Railro.!ld Avenue North - Kent, 'fA 98032 253-813-l901 main 253-813-1908 fax flft.l.'WlI B~ 0 WOOdS CHICiIO BY: S Woods DAre Jan. 31, 2008 .108 ItAMt 2646 SCALE: NA lOB 110.: 2646 IDT NO. LOT AD,DR8SSES: LOT i LOT 2 \.OT 3 LOt 4 LOT '.5 L.OTe. LOT 7 LOT 8 t.OT 9 1oi0T 10 LOT 11 LOT 12 !.lOT 13 lOT 104 LOT S!i t.OT 16 LOT 17 L:OT lB LOT 19 I.:OT 20 LOT 21. LOT 22 1.'01 23 LOT 24 L:OT 25 I.'OT 26 LOT 27 LOT 28 ;I.'OT 29 ;LOT 90 \.."OT 31 I..'OT S2 LOT 33 LOT 304 L.OT 3'5 LOT 36 LOT" LOT 3B Lj)T 39 1.0T40 '1.0T 011I1 LoT 012 'LOT ...3 ,LOT 01011I LOr 045 304002 12TH PLACE SOUTHWEST 340004 12TH PLACE SOUTHWEST 34008 1l?TH' PI.ACE SOU1HWfST 33634 12TH' PLACE SOUTHWEST 33925 12TH' PLACE SOUTHWEST 33922 '2TH' PLACE SOUTHWEST 3391B 12TH PLACE SOUTHWEST 339U' 12TH: PI.ACE SOUTHWEST 33908 i2TH: PLACE SOUTHWEST 33829', 12TH1 PLACE SOUTHweST' 338U 12TH: Pt.ACE SOUTHWEST 33903' 12TH' PLACE SOUTHWEST 33907i i2TH~ PLACE SOUTHWEST 339'13: 12TH: PLACE SOUTHWEST sa9i': 12TH! PLACE SOUTHWEST 33Q21: 12TH, PLACE SOUTHWEST 339:27: 12TH1 Pt.ACE SOUTHWEST 33933' 12TH' PLACE SOUTHI1EST 304006: 13m: COURT SOUTHI1EST :34d12i13TH! COURT SOUTHWEST 1203' SOU'!'HWEST 3AOTI1 STREETi 1201: SOuTHWEST 3.o10TH STREET 1211' SOUTHWEST 3040TH STREET 1301.: SOUTHWEST 3010TH STREET 130lf SOUTHWeST 3.o10TH STREET 130~: SbvTHW~ST 340TH STREET: 1913: sOUTHWEST 3.40TH STREETI 13QisoUTHWt5T 340TH STREET, 132~;sountWEST 3.o101H STREET 1333.iS\'JUTH~EST 340TH STREElj 1A01!:SOUTHflEST 340TH STREET 1407,: SOUTHWEST 340TH STREET 1419';SOVTHW(::ST 340TI-I STREET; i42,i,SOUTHweST 340TH STAEET l'U4" SOUTHflEST 340TH STREET: l.o10.olI:S0UTH'Il~ST 3401H STREET; 13301i,sbUTHI1EST 3AOTH STREET! :~~~I:~~i~:~~i ;:~~~ ~~:~i .I312iiSOuTHWEST 3A01H STAEET: 9.o10~3) 19TH lCOlJRT SOUTHWEST! i:~g:1 ~ii~ lig~~~ :g~~::~:i; 340~31.13TH COURl" SOUTHflEST FUTURe: DEVELOPMENT ~ ! ~ Nortllwest corner. Secti.on19, Township 21 Nortl'least corner north, Renge l\ east, W.M.. Seetton 19 TownShip 21 FDund plug in concrete. nortl'l Ranoe.Q east, W.M., 1~;~~:~'3-0e-2006, N89'52'50~E 519?62'!:1EAS ~~~~~ei~P~~~t~aCk in I :~u;~..~~~~n;i.ini1':ea 7~~~~' t~A1~~ VI91teo Jun. 13. 20001,.,... ~:~p~~rBr}:~e on West 18 .:1 17 1265 99'')LC .~'r----i3io,~ lie - -----.O-C~ - - '19 20 Ie I.. 262L09'CALC I 4" "'>00 g. 32 CHAINS GLO CALCUl..ATEO monument iil (.fO~'OI' \ 2S76,53'CALC Itl'n per CIty of '- ... 4$ 9.S.? .... ---Theoretical Norttl Quarter ;Ii C/)Rf .c?." Q\ "; f led under. I corner. Section 19. TOWnSl"llP GL ~ GOVERNMEMT LOT _ ;81 ~~ ~ ~lIlber ~ 21. horth, Ranoe 4 east, \'I.M ' 1 ,iiJ"r C;L i ~ 'il> N60'S3'03'E '2,00' ~ I' o ~IE; ..,':0 Z\ ';" 4.R;ffqo.o L ~ ::~::,~.lulnl;,~o~;;et.. ~, ~ l"-'&? ~"96',/9.g;. turn lane on South'llsst ~ ~ ~m 1274 31 CALC ~ ............:!L:...._0 I campus Orlve ~ ~ JII' 19 44 CHAINS OJ 131L01'CALC --1 I' ~ ~ I' - N;9I;~4S"E : 2~32~ - I ~ ~ g I.D I East quarter corner (Jl ~, I : ~ I Section 19, T"nohlP 21 , 0 1_ :::: 0 north flange II east W M , m 1'1 ') ':f :!.: ~ound punch HI 15" cress I ~' '" ~ 2594g!, CAlC ~ ~ ilm.::::::l1:i;2:;:;:'~ 39 56 CHAINS I ~ 119 1282 63 CA=----1- 1311 48 CALC,~ 2626 20 9 I 24 ----;;tCl~rtel' corner - ---;8;'54'48 W -5~ - - - - - 1 20 Section 19 Towns!'l1p 21 /' I north Range <I eest W M;U /' I Found tack in lead co VlsitedApri125 2005 -q / I 9~ '06 36 MEAS I ~ .1 91'05'44"DOWL I ~ /" 8 .",'t-~i\- / I :?i ~A'~9'OO I w ~~./ m ~ I "'6",~'~A~r~ ~ ..... /C\J t ~ ~ /" ~, I~ SOuth.." corner Z I' /" /' I ~:~i~o~u;~te\o;:~g;; 21 1 i mU:::h::T:;:::iP ;1. Sectton 19, Township 21 north Ranye ol, east, \'j M CAlCULATED per Record north Range ol, east, W M /' I CALCULATED per Record J[OI Survey Oy QO\'jL Ree found punCh 1n 3' bress~ / LOf Survey oy OOWL Rec NO 9108129010 o1se No 9108l290l0 ' V1s1te(l April 25, 2005 I /~ 2~ 19 24 19 25 30 -~O-O~l--- 30 --~'22~;7--25 30 A PORTION UJ!' LiUVr.;!tl'llVlJ:.l~l L,Vl ~ "'"..., '" 4 ~4'U_" ---" . ',., 1"l,V'l-')'2,D,rn.. 't..!.h!..Ol\Tn. All' W M A PORTION OF GOVERNMENT LOT 1 AND A PORTION OF GOVERNMENT LOT 2 OF THE NW 1/4 OF SEC. 19, TWP. 21N., RNG. 4E. W.M. FEDERAL WAY, KING COUNTY, WASHINGTON CONTROL SKETCH ~oo ~ 000 --L...J I SCALE: l" - 500' o Woods CHJX:UlIl1Y: S Woods Jan. 31. 2008 lOll NAWi: 2646 1" .500' IllIlMO' 2646 KING COUNTY, WASHIN(\1TO:N . '., ,. SHEET. 3 OF \6 CBNT~~ PMINTE --,..,"'& 206 Railroad Avenue Nortb - Kent YiA 98032 253-613-1901 main 253-813- 1908 fe-x DlI4fllB\': 'AI> CITY FILE NO. 08-100695-00-SU so... " --~.rn ~>< ~~ LEGEi'm: li& ;, 14OHU14E/'l~ FOUl() AS ttOtEO . ~ sET fn~BIdl WITH YfLLOIl PLASm ;CAPSr~D'cpstNC22:338'; )8( ~ SET "X.i IUC BRASS OISC IN 4' 'x ~. 'CQNCAETEPOSl. tltMOtUlENTCASf. o ~ C~CULA1,EO P<lSITtort J ! yy 11~ U 1 U l'U!.. .t'LA! A PORTION OF GOVERNMENT LOT 1 AND A PORTION OF GOVERNMENT LOT 2 OF THE NW 1/4 OF SEC. 19, TWP. 21N., RNG. 4E. W.M. FEDERAL WAY, KING COUNTY, WASHINGTON ) NOD-'OS::Qi7E mlS:- -_..~ ---- 18--- i r --ill I" I I, ,;l I" I Iii! "I I;CO ~ i:~ ~ ~ '~ ~! I~ ~I :~ I' I; .SB\. ~ _____1 L.:____. c.- co r.... o It) ~ ::r: rJl I ~ ,~ LD '<t ~ , !II :1 ,~ ~ ill, ./ .,.. h~4 Ii ~~. /,\a'O 1ll=8 "t. I....., . ~~ (].;.. ',,1> "~":, /" / I I I I \% \ \ ~' rJl Key Map: ~o r ~ "SEE SHEET 5 OF e FOR LINE AND CURVE CHARTS SCALE: 1" 50' -IIl>>fJI4tNtFOt.t<<lASNOTfO -SU'4PEBAAIIIllIYELLDMPU.STIC CAl>stAMPfO.CPS llC: 223JlI-, . stT em OF FEOEm ~y BTAHDAROMOHUlENT -tAI.ClUTEOPOSJUOH. -aovatIMEHTlOT EGEND: Easement Detail A: 1" 40' Easement Detail B: 1" 40' i: ! Easement DetaUi C: 1" i! 50' CITY FILE NO. 08-10069!5"OQ-SU CBNT~ P INTE _1IWlo1U. 206 RaUroo.d AVenue North - KelJl, WA 9803:? 253-813-1901 ma.in 253-813-1908 fax lIRAWN at. 0 Woods CHECKBlIIIY: S Woods IlArn. Jan, 31. 2008 MID N~ 2646 lk:ALI: 1".50' IOBtIO. 2646 JIlnE"XD.\1.i.: i.. -I GU-GI2-NW 19, T21N. R4!E, WId StJRI'EYfOt _ ' I ~~g~t~g;dPb~~e~t~:5. LL9:' i G1g Harbor', WA. 98335 I; , I KING COUNTX, WASHINGTON ,-. 'I SHEET 4 OF '51 i ~ ~m C))( ~~ ~~.! ~~;. ~~:. ~~~~ . .. ~ I I m!1I . ' I I ~.I~~ .~~ I 'I;i~il ~:W~. ~ }-~!I!b I , -,- YY 11'1 i:) 1 U 1'1 ~ .t"LA1 ~' ~: ~"--l // I I I "' !I , I I ~ ~ 'i' I I , I I ~ ~ '<t ~ C\1 i , I , , , c l&., ::> .r (l, ~I 30 ~: ~ , I BseL I I il I IX) ~ : C'J : ~ I Jt02.:o!: l!.:lUo,l Q!' _.J i ~ -I ~ ,I i - -asBl- , ----.- * ~ 0 .. 100 .......... I i ~g~ .... E~ ~ f~~ ~ .... "~ ~ SCALE: 1" - 50' CITY FILE NO. 08-,00695-00-5u :1m C')>< ~~ ) LINE i TABLE: LEGEND: 0:-JcoNUMEHTftlUt(lj$MllTED I .i- SET f.4jRE&o\R lllHi YEl.LOW PlASTIC ip,t,llSl~O'CP51NC2233B'. )1(:. tel .~~ Iff BAASl DISC IN 4' X ~', l' CONCRE~ posl. NMOtUIENT CASE 01. ~LC\IL~TED POSltlOH. I I I' GL!-GDVE_NTLOT i I ! ifll( ~~~~ ~!:~ ~;Ij. h~ CSNTrp'~1 .,i ,: pjlllNTB 'I~-"'" 206 :Rallrold Avtl:lIl.I~HOrth ~\ Kent, WA 98032 i , 253-818-t901 ma:m ,25~813-1906 fax, ; WIN I'll '0 Wooels r CIIICXiD If. S Woods IWt J.!ln. 31, 200:8 \ ~&li~ 2646 - 'liA I. I" ",' 2646 DlOEXDA1k I:! i GL1-G12-NW 19, T21N, ~4E, '.WM su~mrot . ' j I wynltone Pt"opertlli1S, LLC. 6905 Ford Drive NW i Glg Herbor,; /~A, 98:335 !: i i ~ , I KING COUNTY, WASHINho\N '. ,I SHEET, 5 OFj~, " l1'h;:) 1 V PH!J .t" LA! A PORTION OF GOVERNMENT LOT 1 AND A PORTION OF GOVERNMENT LOT 2 OF THE NW 1/4 OF SEC. 19, TWP. 21N., RNG. 4E. W.M. FEDERAL WAY, KING COUNTY, WASHINGTON J PLAT DEPICTION ~..-. ~ % ~ ~. "'tc. 9 8 Detail D: 1" '" 40' FUTURE LOT 34 LAYOUT 7 6 5 o eo 120 ~I.......J I SCALE: 1" - 60' 44 43 42 41 36 37 38 39 31 30 r... "" " !:. 29 28 27 CITY FILE NO, 08-100695-00-SU CBNTR~ P INTE _tno.,t'." 206 Railroad Avenue North - Kent, \fA 98032 253-813-1901 main 253-613-1908 fax DllA\lN or. 0 Woods CIltCKD 61 S Woods D.ttt: Jan. 31, 2008 lOllWlE: 2646 SCALt 1". 60' SOB MO,: 2646 OOllXIlATA: .: L 1 'I GLl-Gl.2- NW 19, T21N, R~t, WM SUR\1:1FOIt Wyn~tone Pro,perlin, 6905 rard O/"'1'\'e NW Gig H&"'bor,WA. 98335 , KING COUNTY, WASHING~ON " SHEET 6 OF e i ~ ~m c>< ~~ ~l--~---"";..,A ( ,,"",,-fr--c~c-..-, , -------------------"-0."'------':---.;/'.' -....,-,__ '\; ~~:--@': -~g' --''''''<-., -~--'> '0'" _~.--' 0 \/ ' ":~ '~:t::l~.o -< " 'J l) I'<N "0 >:t> po , n[T'\-<~I,/)::.EVl ~ :::u ;000;0 ;:O;U;u , ~~~~~~~ 00Z201"'1:-r1I,'" () "p -0 ZZ -0 ,J>"Po.p :~~ ~~~ p 000,") 0 [Q VI (/l"" L/l , ,'/,' <~~ 5 88 8 ;;-~ d t;5 VI XX-1 ~ .. C Q Z " v, "" 0" " r- 8~~~8~~ ~ z ~S" ;j ~ !'l~-':."''' -- ~ .-c~ VI ,- ~..r"l0i"'1('1'1f"1 Vl ~ 0...... i i~Hi ~ () VI ;t):II. "'''' Z ,;: ~ ~ '-' ~"O-18~~~ ~ 00 () VI ~? ~ ~ ~ ~ .. .. r "::t:IVl"T'l ' ~~~i ~ g ~~Z2 "' f"l"I6?J ~ :t~3$ ~ "'''' ~ ~ c:;~ ~ ~ ~ s;r.>~ ~ ~ Olli~ ~~ 00 "'.. ~~.~~ ~';~ .. ;:t }> X ...,rr1 V:i :;:~8~ ZV; () Or- L/lV'i 8~ ~ '" o~ :I: "or '" rr1"" -10 -< Z Q ~ ~o '" ~ N "" 0" VI ~.!:: 0 a ~:ir.: ~,,",,:;:L,.'~,":{:, 1";:.>' ',,', , ~ .... ~ ...1il 4:1I} J ! ....., l @</)"'I ~ "rn ~ ~~ 0'" r~ ~~ ;d-< ~ , , ..~_.__"~___. _0" -.- " '-:<,.-::....:;.~-4.~ I :" ~~~~; J..\I.-,,,.--f\ = I"JO~'~,]\ ~ t '<~.,)&O _J '4 r-_.; ~ _ i~_~~='~""'~ . , \~Ii , I/~ /I~ l~ .:/ -~@ ~ -', .... ;0 l> ("):;0 ....(j) CD ~~ ;0' f"1N " " o ----- ,f' --.:".' 1;" ~-" . ~ '!,.' ~---,(,. " J,:;:i ..~~ $ t ::0 r.II W Fp -.j n~ " N 0 ; ~~ ~ en CI b~S ~ ;;0 ~~,,;~ -< ,,~~ S' () ~; :>>t<'!" 0 a ~ii.~- ~8~ g ~ ",," ~ Gl " ,. ~ Q. '" . [;! '" :r 1'; to i ~ ~:a~;iJ~~~;a ~~~ ~ l';l)~f; ~9.~;~;~~ i~8~~~~~ ~~s~~~~~ ~~~~~~~~ ., ",. 2' !;: "tI "O~" :0 ... ~ ~:r;: ::"'I ~~~~Q)-M~:Jj "g \) i5 t: ~t;l:b. 1({~t;l9~~g:o() ~e~~,~~~Ui ~~g~~~:~ OOi~~8ia:... ~::~ I ~8~t 01 ~1;1" '" ~ 1;13: llo"'" ~Vl~I~ l21~~~~~1 r; afi R t:l~~ 8~ . Rn~ ~ " ~ ~ ~ , ::0 V1 ,---.J m ~~ ,"~ N ~ ~- WYNSTONE PRELIMINARY PLA T PLAN BRAD PLEMMONS 101 r ST. S[ AuBuRN, WA. ga002 Pnon~: (253) 9.39-1691 Fa,,: (253) 9.39-6'70 12th A V[, SW & SW J38th ST. l: m :'~~,:,;;::f:;:;!:1\:,::: ::::.:;~~;:~..,'~. . <-</) ?J~ :I::I: ~E: '" 5iS=., m~~~~1 i,;l"..',';",!',i,.".~,li"",: ~~bl:~~;-~~. ~'A ':1!i!l :~~~~i~d.~l I~~'<~,.,," .teU~~~.a~h ~I,~ iia~~;~a~i~~i~ I~~= i~il~b=~~a;i! I~~ j;; ,'~ !. ~ia.~..I~ ~ iil @ 0 Ag~~~~~.~~ ~ i 6 F ~ $ fl-- A8~ . : ~ ~~lidili~il~1 .I~ ~ (b ~~;~ S ~o~~ ~i~ ~ ~ !~~~~ii~hl~A U. ~ !IE ~.~~.i$~.A~E~ '~j ;ili~~i!ile~~ if: Ali~!'~~ie.~il~1 ~i i' "- !" ~ () ::l ~ -.J.t '" ;:: N ... a a m~ !mn Jl'\~a -4i~"'f~ i~l~ O"~~~. B'~~ ~~"~:.~ i~.- .- t;8 ~~ii !~UA~ ~t~" ~ ii~~- ~~~~ ;g~8Ii ~ Hl~ ~~.~. Z <.~ n'~~.' "i ..~l;!.....~-~. ~:- i.w, .,~ ;~~ ~;~~~ C) ~""Q ..~a..:a rrl ~ ~~ ~~~~~ -l" ~~l !i.d fT1 "H ~~~~ ~ 7~i\liV/s 'jl:. Co , U/i'r jO d ~ ~ '6 ',,-- ' " ~ ',,- N(9~ :m', "" . -lOA;' '- .. o I" '- '-..1'. <"0 e:! '~"'~<r -.--.-- /ii~ ,,~ Ii"" ~ .. .. '" ')'1<' "'0(/).' ~~ ^:I: ,. r Pi " .', r / / _..~'- - 50',- ~I ~ JAEGER ENGINEERING 9479 SQuth 204th Ploc~ Kent. WA 98031 Phone No. (2SJ) 850-093" Fo/( No. (2'3) 850-0155 A. A :~ RESOLUTION NO. 05-439 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDmONS THE WYNSTONE PRELIMINARY PLAT AND CONCOMITANT ZONING AGREEMENT FOR PARCEL 5b, FEDERAL WAY FILE NO's.03-102630-00-SU and 03-102632~UP. WHEREAS, the develope., Brad Plemmons -Enterprises, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Wynstone and consisting of 13.49 acres into 44 single-family lots and one multi-family lot located generally south of SW Campus Drive at the intersection of lOth Avenue SW; and WHEREAS, the developer, Brad Plemmons Enterprises, applied to the City of Federal Way to modify the tenns and conditions of a 1990 Concomitant Zoning Agreement (as amended by Resolutions) applicable to five acres of the Wynstone site, to allow the subject property to be developed with both single-family and multi-family development and clarify the status of the building permit application, landscape standards abutting single-family zoning, building setbacks along Campus Drive, required improvements to Campus Drive, building height, maximum density of 347 units, phased construction, housing type, and 1 Oth Avenue corridor dedication; and WHEREAS, on September 1,2004, an Environmental Mitigated Detennination ofNonsignificance (MDNS) was issued by the Director of Federal Way'~ Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), RCW 43.2IC; and WHEREAS, no appeals on the MDNS were submitted to the Department of Community Development Services; and WHEREAS, the Federal Way Hearing Examiner, on December 14, 2004, held a public hearing concerning the Wynstone preliminary plat anC;i concomitant zoning agreement; and WHEREAS, following the conclusion of said hearing, on December 29,2004, the Federal Way Hearing Examiner issued a Report and Recommendation containing findings and conclusions, and recommending Res. # 05-439 . Page 1 ORI~~~T PAGE I 1) OFl- approval of the Wynstone concomitant zoning agreement; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of approval of the preliminary plat of the Wynstone preliminaryplats~bject to conditions set forth therein; and WHEREAS, following the conclusion of said hearing, on December 29,2004, the Federal Way Hearing Examiner issued a Report and Recommendation containing findings and conclusions, and recommending the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 8 of the 1990 Concomitant Zoning Agreement and Section 22-488 et al of the Federal Way City Code to approve, deny, or modify a concomitant zoning agreement pursuant to the rezone procedure; and WHEREAS, on January 10,2005, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on the Wynstone preliminary plat and concomitant zoning agreement, pursuant to Chapters 20 and 22 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward a recommendation for approval of the proposed Wyrtstone preliminary plat and concomitant zoning agreement to the full City Council, with no changes to the Hearing Examiner recommendations; and WHEREAS, on January 18, 2005, the City Council considered the record and the Hearing Examiner recommendations on the Wynstone preliminary plat and concomitant zoning agreement, pursuant to Chapters 20 and 22 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. Now TIlEREFORE, TIlE CITY COUNCIL OF TIlE CITY OF FEDERAL WAY , WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Hearing Examiner's December 29, 2004, Wynstone Preliminary Plat Report and Recommendation, and thefmdings of fact and conclusions of the Hearing Examiner's December 29, 2004, Wynstone Concomitant Zoning Agreement Report and Recommendation, attached hereto as Exhibits A and B and incorporated by this reference, are hereby adopted Res. # 05-439 . Page 2 EXHIBIT D PAGE :A OF ~ 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 Reports and Hearing Examiner's recommendations. 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 school 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 and concomitant zoning agreement granted herein. Section 2. Preliminary Plat Application Approval. Based upon the recommendation of tile Federal Way Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the Wynstone preliminary plat, Federal Way File No. 03-102630-00 SU, is hereby approved, subject to conditions as contained in the December 29, 2004 Report and Recommendation of the Federal Way Hearing Examiner (Exhibit A). Section 3. Concomitant Agreement Approval. Based upon the recommendation of the Federal Way Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above. the Wynstone Concomitant Agreement for parcel SB, Federal Way File No. 03-102632-00 up. is hereby approved, as contained in the December 29,2004 Report and Recommendation of the Federal Way Hearing Examiner (Exhibit B). Section 4. Conditions of Approval Integral. The conditions of approval of the preliminary plat and concomitant zoning agreement 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 Res. # 05-439 . Page 3 EXHIBIT J) PAGE 3 OF 4 proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the. authority and prior to the effective date of the resolution is hereby ratified and affmned. Section 6. Effective Date. This resolution shall be effective immediately upon completed execution of the Wynstone Concomitant Agreement. RESOLVED BY THE Cl1Y COUNCIL OF TIIE CITY OF FEDERAL WAY, WASHINGTON, THIS 18 DAYOF January ,2005. a (1 <:,J:, ~~ CiTY C ERK. NL GREEN. CMC Res. # 05-439 . Page 4 EXHIBIT .D PAGE L{ OF--L- APPROVED AS To FORM: "~ff.~ CITY ATIORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED By THE CITY COUNCIL: RESOLUTION NO. 1/11/2005 1/18/2005 05-439 Res. # 05-439 . Page 5 RESOLUTION NO. D{;J AFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASIDNGTON, APPROVING THE WYNSTONE FINAL PLAT, FEDERAL WAY, WASIDNGTON, FILE NO. 08-100695-00-SU WHEREAS, on December 14, 2004, the Federal Way Hearing Examiner conducted a public hearing on the Wynstone preliminary plat application and Concomitant Zoning Agreement resulting in the Recommendation of the Federal Way Hearing Examiner, dated December 29,2004; and WHEREAS, the Wynstone preliminary plat, City of Federal Way File No. 03-102630-00-SU, was approved subjectto conditions on January 18,2005, by Federal Way City Council Resolution No. 05-439, which adopted the Hearing Examiner's findings of fact and conclusions; and WHEREAS, the applicant submitted the final plat application for Wynstone, within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, the applicant has satisfied or guaranteed all ofthe conditions set forth in Resolution No. 05-439; 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 fmal plat decisional criteria, and their analysis and conclusions are set forth in the Final Plat Staff Report, dated September 16, 2008, which is hereby incorporated by reference as though set forth in full; and i WHEREAS, the City Council Land Uselfransportation Committee considered the application and staff report for the Wynstone final plat at its meeting on September 22, 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 Wynstone final plat during the Council's meeting on October 7,2008. Res. # . Page 1 EXHIBIT t PAGE-LOF ~ DRAr:T Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findines and Conclusions. 1. The Wynstone fmal plat, City of Federal Way File No. 08-100695-00-SU, is in substantial conformance to the preliminary plat and concomitant zoning agreement for the site 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 Final Plat Staff Report, dated September 16, 2008, 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 Federal Way Resolution No. 05-439, dated January 18,2005, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code Section 20-135. 5. All required improvements for final plat approval have been made and/or sufficient bond, cash deposit, or assignment of funds has 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 fmal plat. Res. # . Page 2 EXHIBIT f PAGE :1. OF~ Section 2. Application Aporoval. Based upoo the Findings and Conelusions contained in SeQR A r::: l' above, the Wynstone final plat, City of Federal Way File No. 08-100695-00-SU, is approved. 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 ofthis 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 this 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 3 [ OF~ ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY A TIORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Res. # . Page 4 DRAFT EXHIBIT [ PAGE 4 OF--!:i- LAKEHA VEN UTILITY DISTRICT 31627 - 1st Avenue South · P.O. Box 4249 · Federal Way, Washington 98063-4249 Federal Way: 253-941-1516 · Tacoma: 253-927-29'22. www.Iakehaven.org Arpri123, 2008 Janet Shull Community Development'Dept. City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 RE: Final Plat Approval Status Wynstone Agreement No. 04-590 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. c: Aspen Properties J agaer Engineering Development Services Supervisor Inspection EXHIBIT P PAGE---+-OF --L ec: Charles Gibson Commissioner Donald L.P. Miller Commissioner Ronald E. Nowicki Commissioner Ed Stewart Commissioner Beverly J. Tweddle Commissioner COUNCIL MEETING DATE: October 7, 2008 ITEM #: ............................................---.......--...-.......................................................................-...........-..........--...........................................................-...-...........-... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2009 STREET SWEEPING SERVICES - AUTHORIZATION To BID POLICY QUESTION: Should the Council authorize staff to seek bids for the 2009 Street Sweeping Services Contract? COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 22, 2008 CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution D Public Hearing D Other .~_TAFFJ!~!9.!!! B~:_M~~ Sall~~!P.:?m.:E.:'.:~.:.?..~!!eet S"y'~~ms M~~g~r.. 1)EP~=......~~lic W o!.~~m..___m..m._m_......mm....___.._ The City of Federal Way contracts for Street Sweeping Services. The existing contract will expire on January 1,2009. Staff recommends advertising this project for bid. The total compensation for the existing contract for Street Sweeping Services in 2008 is for $103,050.76. Currently, City Council has not yet approved and adopted the 2009/2010 budget for Street Sweeping Services. Attachments: None. Options Considered: 1. Authorize staff to solicit bids for the 2009 Street Sweeping Services and return to the LUTC Committee with a request for permission to award the project to the lowest responsible, responsive bidder. 2. Do not authorize staff to bid for the 2009 Street Sweeping Services and provide direction to staff. -...........................-.-..--.................................--......--.....................--.---........................................---.........---.....................--..............--...---................................................--.--..........................................-...-........................-.....-...................., STAFF RECOMMENDATION: Staff recommends Council to authorize staff to solicit bids for the 2009 Street Sweeping Services and return to the LUTC Committee with a request for permission to award the project to the lowest responsible, responsive bidder. CITY MANAGER ApPROVAL: ~ Conunittee DIRECTOR ApPROVAL: ~ Committee 1 COlDlcil Council COMMITTEE RECOMMENDATION: Place Option 1 on the October 7, 2008 Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: "I move to authorize staff to solicit bid~ for the 2009 Street Sweeping Services and return to the LUTC Committee with a request for permission to award the project to the lowest responsible, responsive bidder. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # COUNCIL MEETING DATE: October 7,2008 ITEM #: ..............__._____............._............._._______......................................................__...........____...__................................_....______..........................................................__.......m......................................_"................_...........................___.................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Cooperative Agreement Among City of Federal Way, Puyallup Tribe of Indians, Muckleshoot Indian Tribe, Washington State Department of Ecology, National Oceanic and Atmospheric Administration, Department of the Interior, and the u.s. Fish and Wildlife Service Regarding West Hylebos Creek Habitat Restoration Projects POLICY QUESTION: Should the Council authorize the City to enter into the Cooperative Agreement between the City of Federal Way and the Trustees for the Commencement Bay NRDA Restoration Plan? COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 22,2008 CATEGORY: [8J Consent o City Council Business o W,D ~!~!!..~!2~!...!JY:_..!5.:~!1...M!.1.!~E~.:RJ~:~...!?~1?.l!!Ylu~V~...Y.Y~.~~.~...R~~.~!~~_.!!.~!.!..:......:.P.ub!.L~..!.Y..~~~~...._........_...................---..----........... Attachments: Land Use and Transportation Committee Memorandum dated September 22, 2008 plus attachments. Options Considered: 1. Authorize the City to enter into the Cooperative Agreement between the City of Federal Way and the Trustees for the Commencement Bay NRDA Restoration Plan. 2. Do not authorize the City to enter in the Cooperative Agreement between the City of Federal Way and the Trustees for the Commencement NRDA Restoration Plan. o Ordinance o Resolution Public Hearing Other CITY MANAGER APPROV A mends forwarding Option 1. DIRECTOR APPROVAL: 011f\. Committee Council Council COMMITTEE RECOMMENDATION: Place Option 1 on the October 7, 2008 Council Consent Agenda for approval. Dini Duclos, Member Linda Kochmar, Chair Jim Ferrell, Member PROPOSED COUNCIL MOTION: "] move to authorize the City to enter into the Cooperative Agreement between the City of Federal Way and the Trustees for the Commencement Bay NRDA Restoration Plan. " (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 - 02106/2006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM SUBJECT: September 22, 2008 Land Use and Transportation Committee Cary M. Roe, P.E., Assistant City Manager, Chief Operations Officer, Emergency Manager Ken Miller, P.E., Deputy Public Works Director ~ Cooperative Agreement Among City of Federal Way, Puyallup Tribe of Indians, Muckleshoot Indian Tribe, Washington State Department of Ecology, National Oceanic and Atmospheric Administration, Department of the Interior, and the U.S. Fish and Wildlife Service Re~ardin~ West Hylebos Creek Habitat Restoration Projects DATE: TO: VIA: FROM: BACKGROUND: The Trustees have adopted the Commencement Bay Natural Resource Damage Assessment Restoration Plan (Commencement Bay NRDA Restoration Plan) to guide the use of funds, property and services. The Commencement Bay NRDA Restoration Plan includes the east and west branches of the Hylebos Creek. The attached map shows the east and west Hylebos area and the parcels that have already been identified by the City of Federal Way and the Trustees for acquisition. This cooperative agreement (attached) is a partnering between the Trustees and the City of Federal Way to create a framework for acquiring the parcels and to identify the rights and responsibilities of the Parties regarding the restoration project(s) potentially to be developed on them. This agreement also builds on an existing cooperative agreement entered into in May 2004 and relationship with the Trustees. For any parcel acquired, the City shall place a restrictive covenant (which is attached to this agreement) and it shall be filed in the real property records for King County. This is to assure that the parcel will remain for habitat restoration in perpetuity . Attachments: Cooperative Agreement Property Acquisition & Stream Restoration Map Restrictive Covenant cc: Project File Central File K:\LUTC\2008\09-22-08 West Hylebos NOAA Grant.doc o o o ---,:~-r -r ..' --". {'-"., a '~":..l'-~"'1I ,/,,,,,,.W 1"1.".1. '(', ~ L-:~~~IT ''': ,','" " '-"'.:', "~," -' I -'III ,.:!.~ .,. ",. 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J i A Federal Way COOPERATIVE AGREEMENT AMONG CITY OF FEDERAL WAY, PUYALLUP TRIBE OF INDIANS, MUCKLE SHOOT INDIAN TRIBE, WASHINGTON STATE DEPARTMENT OF ECOLOGY, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE REGARDING WEST HYLEBOS CREEK HABITAT RESTORATION PROJECTS I. PARTIES This Agreement is entered into among the City of Federal Way and the Commencement Bay Natural Resource Trustees (Trustees) consisting of: The Puyallup Tribe oflndians (Puyallup Tribe); The Muckleshoot Indian Tribe (Muckle shoot Tribe); the Washington State Department of Ecology (Ecology) as lead state natural resource trustee; the National Oceanic and Atmospheric Administration (NOAA) of the U.S. Department of Commerce; and the U.S. Fish and Wildlife Service (USFWS) on behalf of the U.S. Department of the Interior (DOl). The City of Federal Way and the Trustees collectively shall hereafter be identified as the Parties. This Cooperative Agreement concerns the management and use of property acquired by the City of Federal Way with funds provided in part by the Trustees. II. RECITALS A. The Trustees, acting under applicable state, federal and tribal law, enter into this Cooperative Agreement in furtherance of their general responsibilities to restore, replace and acquire the equivalent of natural resources of the Commencement Bay environment injured by releases of hazardous substances. B. The Trustees are also parties to a Memorandum of Agreement Regarding Natural Resource Damage Assessment in the Commencement Bay, Washington Environment (MOA), including its First Supplement concerning Coordination in the Use of Natural Resource Damage Assessment and Restoration Planning Contributions and Application of Natural Resource Damage Recoveries (MOA Supplement). The MOA Supplement provides that the Trustees may enter into separate agreements or memoranda of understanding to define their respective roles and responsibilities regarding habitat restoration projects undertaken by or on behalf of the Trustees. As between and among the Trustees, the terms of this Cooperative Agreement are intended to apply in addition to those ofthe MOA and the MOA Supplement, the terms of which are hereby incorporated by reference solely for purposes of defining the rights and relationships among the Trustees. C. As a consequence of settlements of natural resource damage claims against several parties, the Trustees have obtained funds, real property and commitments of in-kind services to be used for natural resource restoration purposes. The Trustees have adopted the Commencement Bay Natural Resource Damage Assessment Restoration Plan (Commencement Bay NRDA Restoration Plan) to guide use of the funds, property and services, and have begun implementing the Commencement Bay NRDA Restoration Plan by identifying potential 1 restoration projects and suitable project sites. The Commencement Bay NRDA Restoration Plan includes the east and west branches of Hylebos Creek within the plan's Primary Study Area. D. Through a resolution of the Trustee Council (Resolution 2003-04, adopted March 11, 2003), the Trustees have agreed to partner with the City of Federal Way, the Friends of Hylebos and King County in the preservation and restoration of habitat on West Hylebos Creek. Per Resolution 2003-04 the Trustee Council agreed to contribute up to $155,000 in natural resource damage funds toward the purchase by the City of Federal Way of a series of parcels along the creek (the West Hylebos Parcels). E. Under the authority ofRCW 84.34.200-84.34.250, and King County Code Chapter 26.12, King County has established a Conservation Futures Fund Program, through which King County uses earmarked property tax receipts to acquire rights and interests in open space, wetlands, habitat areas, farm, agricultural and timber lands. Per King County Code 26.12.010, property or rights acquired under the Conservation Futures Fund Program are to be subject to covenants and property restrictions to run with the land in perpetuity and in fulfillment of requirements necessary to protect, preserve, maintain, improve, restore, limit the future use of, or otherwise conserve the property for public use or enjoyment. King County is authorized to transfer property or rights acquired under the Conservation Futures Fund Program, subject to such covenants and property restrictions, to a city, state or local governmental agency empowered to hold fee simple or other interests in land on behalf ofthe public. F. The City of Federal Way has adopted goals and policies in its Comprehensive Plan, adopted pursuant to the Growth Management Act, that encourage the acquisition and development of parks within the City. West Hylebos Creek is among areas prioritized by the City of Federal Way for open space preservation, and acquiring the West Hylebos Parcels would further the goals and policies of the Comprehensive Plan. G. The purpose of this Cooperative Agreement is to create a framework for cooperation by the Trustees and the City of Federal Way in acquiring the West Hylebos Parcels and to identify the rights and responsibilities of the Parties regarding the West Hylebos Parcels and the restoration project(s) potentially to be developed on them. H. This Cooperative Agreement builds upon an existing relationship between the Trustees and the City of Federal Way established under a prior cooperative agreement entered into in May 2004 pursuant to Trustee Council Resolution 2003-04. The prior cooperative agreement, which provided for the acquisition and use of another of the West Hylebos Parcels, and this Cooperative Agreement, while independently enforceable, are intended to be interpreted harmoniously and the terms and conditions of each agreement are not intended to conflict with or alter the terms, force and effect ofthe other. III. AUTHORITY This Cooperative Agreement is entered into pursuant to the Natural Resource Trustee provisions of section 107(f) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), as amended, 42 U.S.C. S9607(f), Section 311 of the Clean Water Act 2 (CWA), as amended, 33 U.S.C. 91321, the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), Subpart G, 40 C.F.R. 99300.600 - 300.615, Interlocal Cooperation Act, RCW 39.34, RCW 84.34.200-84.34.250, and other applicable federal state and tribal law. The following officials or their designees act on behalf of the public as state, federal and tribal Trustees for natural resources under this Cooperative Agreement: The Tribal Council, or its designee, for the Puyallup Tribe of Indians; The Tribal Council, or its designee, for the Muckleshoot Indian Tribe; The Secretary of the Interior; The Undersecretary for Oceans and Atmosphere, Administrator of the National Oceanic and Atmospheric Administration, acting on behalf of the Secretary of Commerce; The Director of the Department of Ecology for the State of Washington, as lead state Trustee. IV. TERMS AND CONDITIONS A. Purpose and Goal. The purpose of this Cooperative Agreement is: (1) the acquisition of one or more of the West Hylebos Parcels by the City of Federal Way using Conservation Futures Fund monies, natural resource damage funds provided by the Trustees and other funds; (2) the placement by the City of Federal Way of a restrictive covenant, attached hereto as Exhibit 1, to ensure the parcel(s) will be preserved and used consistently with the purpose of this Cooperative Agreement; (3) the preservation of existing habitat values; and (4) the potential development by the Trustees of alterations and improvements of existing upland and aquatic habitat on the acquired parcel(s), to benefit fish and wildlife species that utilize the Commencement Bay environment as described below in Section IV.E. The overall goal of the preservation and restoration actions is to restore natural resources of the Commencement Bay environment injured by releases of hazardous substances. This goal will be accomplished by precluding inconsistent uses of the parcel(s) and by taking actions to protect and potentially to enhance fish and wildlife habitat on the parcel(s), thereby increasing the ecosystem complexity and habitat value of Commencement Bay and its tributaries for birds, wildlife, fish and other aquatic organisms. B. Proiect Managers. For purposes of implementing the terms of this Cooperative Agreement, the following individuals shall serve as Project Manager for the Trustees and for the City of Federal Way, respectively: For the Trustees: Jennifer Steger Commencement Bay Restoration Case Manager NMFS/RC/NW 3 7600 Sand Point Way NE Seattle, W A 98115 206-526-4363 For the City of Federal Way: Ken Miller Deputy Director of Public Works PO Box 9718 Federal Way, WA 98063-0718 253-835- 2711 A Party may change its Project Manager by providing notice in writing to the other Party. Any notice required under this Cooperative Agreement to be given to the other Party shall be deemed sufficient if addressed to the individual last identified by the other Party as Project Manager in accordance with the terms of this Cooperative Agreement. C. Proiect Parcel Identification. By an exchange of letters between the Project Managers, the Trustees and the City of Federal Way shall identify one or more of the West Hylebos Parcels that will be acquired under terms of this Cooperative Agreement. The exchange of letters shall identify the amount of property acquisition funding to be provided by the Trustees and will provide information needed to transfer the agreed funds. The acquisition, management and use of each such parcel (Project Parcel) shall be subject to the terms of this Cooperative Agreement. D. Property Acquisition. Ownership. Use and Maintenance. 1. Property Acquisition and Ownership. Following the identification of a Project Parcel pursuant to Section IV.C. above, the Trustees will cause the agreed sum of funds to be transferred to the City of Federal Way (or to such escrow company or agent as the City of Federal Way shall designate). The City of Federal Way shall promptly thereafter acquire the Project Parcel utilizing the funds provided by the Trustees plus funds from the Conservation Funds Fund Program and/or other sources as needed. For each Project Parcel so acquired, the City of Federal Way shall place a restrictive covenant on the deed for the parcel in the form attached hereto as Exhibit 1 (Restrictive Covenant), and shall cause the Restrictive Covenant with a copy of this Cooperative Agreement attached to be filed in the real property records for King County. It is the purpose of this Restrictive Covenant to assure that the Project Parcel subject to the Restrictive Covenant will remain available for habitat restoration in perpetuity. The City of Federal Way shall take such action as is necessary to preclude use of the property inconsistent with the purposes of this Cooperative Agreement. 2. Property Use. Activities may be conducted on each Project Parcel that are consistent with the purpose provided in Section IV.A. above. Use of, or activity on, any Project Parcel inconsistent with this purpose is prohibited and the Parties acknowledge and agree that they will not conduct, engage in, or permit such use or activity. 4 The Parties agree that activities conducted in accordance with the terms and conditions of applicable laws, regulations and permit requirements and any restoration project plan (Restoration Project Plan) developed by the Trustees in consultation with the City of F ederal Way under section IV.E. below would be consistent with the purpose of this Cooperative Agreement, including but not limited to: $ construction, maintenance and adaptive management activities in accordance with the Restoration Project Plan, such as land grading, excavation, and recontouring, vegetation removal, substrate enhancement and planting native vegetation $ ecological surveys and research $ low impact recreation (wildlife viewing/observation) $ construction and maintenance of informational and educational signs or kiosks $ activities to control non-native, invasive or noxious plants and animals $ construction of a path or trail with construction, design, location, and of materials intended to minimize disturbance of sensitive habitat areas $ emergency activities to protect public health and safety $ designation of a parking area as needed to provide public access to the Project Parcel and/or contiguous publicly owned property dedicated to similar use, provided that the size, configuration, design and elements of any such parking area shall be subject to the agreement of the Parties. The Parties agree that activities that would not be consistent with the purpose of this Cooperative Agreement include but are not limited to: $ alteration of hydrology, including dredging, diking, draining or filling, except pursuant to the Restoration Project Plan $ constructing buildings or structures not permitted above $ storage of vehicles, vessels, containers, equipment or other items except temporary storage of equipment or materials in use for restoration project development, monitoring and maintenance and routine site maintenance $ any activities causing significant water pollution, erosion or sedimentation $ removal or disturbance of native vegetation, except in connection with transplanting activities for further habitat restoration projects as specifically agreed among the Parties $ aquaculture of non-native species $ waste disposal or storage including sewage, manure, garbage, pesticides or hazardous waste $ application of fertilizers or pesticides, except pursuant to the Restoration Project Plan or as otherwise agreed among the Parties $ mmmg $ intentional disruption of wildlife $ planting of invasive non-native vegetation $ erection of commercial billboards and signs 5 The listing of specific activities herein as being consistent with or not consistent with the purpose of this Cooperative Agreement is not intended to be exhaustive. The conducting by any person of the listed activities considered consistent with the purpose of this Cooperative Agreement shall be subject to the access restrictions of Section IV.D.3. of this Cooperative Agreement. 3. Property Access. a. At all reasonable times the Parties (or other parties specifically designated by any of the Parties) may enter and freely move about any Project Parcel for the purposes of carrying out the terms of this Cooperative Agreement. b. Access by the general public to any part of any Project Parcel shall be in accordance with applicable laws, regulations or ordinances and such reasonable use restrictions as the Parties determine necessary to further the purpose ofthis Cooperative Agreement. 4. Property Maintenance. The City of Federal Way shall perform ordinary upkeep and maintenance of each Project Parcel. The term "ordinary upkeep and maintenance" means tasks that a prudent land manager would perform in the normal course of managing similar property. Maintenance of the Restoration Project (as defined below in Section IV.E. of this Cooperative Agreement) other than ordinary upkeep and maintenance shall be dealt with under Section IV.E.2. of this Cooperative Agreement. E. Restoration Proiect Development. Administration and Implementation. 1. The Trustees reserve the option to develop an as-yet undesigned habitat restoration project (Restoration Project) on one or more Project Parcels, potentially involving alterations and improvements of existing upland and aquatic habitat features. In designing any such Restoration Project the Trustees shall consult with the City of Federal Way, and may consult with non-governmental entities including without limitation the Friends of the Hylebos. Prior to the development of any such Restoration Project, the Parties will, by an exchange of letters between the Project Managers, confirm the understanding of the Parties as to the agreed project design and the details of project administration and implementation. As between the Parties, the Trustees shall be responsible for designing, developing, implementing, constructing and monitoring any such Restoration Project for the Project Parcel(s). 2. The Trustees shall also be responsible for any project maintenance and adaptive management activities for any such Restoration Project. For purposes of this Cooperative Agreement, "adaptive management activities" means additional actions that need to be taken on the Project Parcel(s) to maintain the constructed habitat or change the habitat in some manner to meet the objectives of the applicable Restoration Project Plan. Anticipated changes or developments that may require adaptive management include, among others, the failure of vegetation to establish or spread, substantial erosion or sedimentation that adversely alters habitat characteristics, the introduction of non-native, invasive or noxious plants and animals, or adverse impacts from offsite development or access to the property. The Trustees shall undertake adaptive management activities on any Project Parcel in consultation with the City of Federal 6 Way. Provided, however, that nothing in this Cooperative Agreement shall be interpreted to relieve the City of Federal Way of any obligation it may have under state and local laws and ordinances to manage invasive and/or noxious weeds, vegetation, insects or wildlife on any Project Parcel. Provided, further, that adaptive management to address adverse impacts on any Project Parcel that result mainly from access to and/or use of the property by the public or by employees, agents or contractors of the City of Federal Way shall be the responsibility of the City of Federal Way. F. Dispute Resolution. 1. Avoidance of Disputes. The Parties agree to work cooperatively, to consult informally and to use best efforts to avoid disputes concerning the implementation of this Cooperative Agreement. 2. Notice of Dispute. If a dispute arises between the Parties concerning the implementation of this Cooperative Agreement, any Party may initiate dispute resolution by giving written notice thereof to the other Parties. In the case of an actual or threatened violation of the Cooperative Agreement, the notice shall identify corrective action sufficient to cure the violation and to restore any portion of any Project Parcel injured as a result of the violation. 3. Informal Negotiations. Following receipt of a notice of dispute, the Parties shall attempt to resolve the dispute expeditiously and informally. If the dispute is resolved by informal negotiations, the Parties shall memorialize the resolution of the dispute by an exchange of letters. 4. Formal Negotiations - Preparation of Joint Statement of Position. If the Parties are unable to reach a resolution of a dispute through informal negotiations, after fourteen (14) calendar days following delivery of the notice of dispute described above in subparagraph 2 any party may initiate formal negotiations by providing written notice to the other parties Qf the notifying party's intent to develop a Joint Statement of Position. The Joint Statement of Position shall consist of a concise written statement of the issues in dispute, including the relevant facts upon which the dispute is based and the data, analysis or opinion supporting each position, and any supporting documentation on which each party relies. The Parties shall complete the Joint Statement of Position within fourteen calendar (14) days following receipt of the formal negotiations notice, or by such later date as the Parties shall agree. Upon completion of the Joint Statement of Position, the dispute shall be referred to authorized officials of each Party for resolution. Each Party shall advise the other Parties in writing of the identity of the authorized official designated to participate in the dispute resolution process. The resolution agreed to by such authorized officials shall be binding upon the Parties. The Joint Statement of Position shall constitute the exclusive factual record of the dispute in the event that the Parties are unable to resolve the dispute and any party seeks judicial resolution. G. Removal of the Restrictive Covenant and Termination of the Cooperative Agreement. The Restrictive Covenant may be terminated or extinguished, whether in whole or in part, only under one or more of the following circumstances: 7 1. The Parties jointly agree, in writing, to extinguish the restriction or release a portion of any Project Parcel from the terms of restriction, upon a determination by, Trustees in their discretion in consultation with the City of Federal Way that circumstances have rendered the purpose of the this Cooperative Agreement, as provided in Paragraph IV.A. above, impractical to achieve. 2. Upon petition by one or all of the Parties, a court having jurisdiction over this restriction determines by judicial proceedings that circumstances have rendered the purpose of the Cooperative Agreement as provided in Paragraph IV.A. above impossible to achieve. 3. All or any of the Project Parcel(s) is taken by exercise of the power of eminent domain or acquired in lieu of condemnation, whether by public, corporate, or other authority. The Parties shall act jointly to recover the full value ofthe interest in the Project Parcel(s) subject to the taking or in-lieu purchase and all direct or incidental damages resulting from the taking or in-lieu purchase. The Parties agree that the proceeds to which the City of Federal Way shall be entitled after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Project Parcel(s), subsequent to such termination or extinguishment, shall be determined, unless otherwise provided, by Washington law. The City of Federal Way shall use such proceeds only to obtain similar substitute property acceptable to all the Parties within Commencement Bay or within the Puyallup-Carbon- White Rivers watershed closest to Commencement Bay if one within Commencement Bay is unavailable. The City of Federal Way shall impose upon such substitute property a restrictive covenant on the deed in the form attached hereto as Exhibit 1. H. Subsequent Transfer. The City of Federal Way shall: 1. Not sell, transfer or otherwise divest itself of all or any portion of any of the Project Parcels, including, without limitation, a leasehold interest, without prior written approval of the Trustees. 2. Incorporate the terms of the Restrictive Covenant by reference in any deed or other legal instrument by which it divests itself of any interest in all or a portion of any of the Project Parcels, including, without limitation, a leasehold interest. 3. Describe the Restrictive Covenant in and append it to any executory contract for the transfer of any interest in any of the Proj ect Parcels. 4. Give written notice to Trustees of the transfer of any interest in all or a portion of any of the Project Parcels no later than one hundred twenty (120) days prior to the date of such transfer. Such notice to Trustees shall include the name, address, and telephone number of the prospective transferee or the prospective transferee's representative. 8 The failure of the City of Federal Way to perform any act required by this Paragraph IV.H. shall not impair the validity of the Restrictive Covenant or limits its enforceability in any way. I. Notices. All notices required or permitted to be given hereunder shall be in writing and shall be deemed given upon personal service or receipt after deposit in the United States first class mail addressed to the Project Manager for the other Party as identified above in Section IV.B. V. GENERAL PROVISIONS A. Funds Availability. The fiscal obligations of the Trustees hereunder shall be fulfilled solely from and are limited by the funds made available for such activities as a result of the resolution of natural resource damage claims for the Commencement Bay environment. Nothing in this Cooperative Agreement shall be construed to require any Party to spend funds in excess of available appropriations. B. Severability. The clauses of this Cooperative Agreement are severable, and should any part of this Cooperative Agreement be declared by a court of competent jurisdiction to be invalid, the other parts of this Cooperative Agreement shall remain in full force and effect. C. Entire Agreement. This Cooperative Agreement constitutes the entire understanding of the Parties with respect to its subject matter. D. Amendment and Termination. This Cooperative Agreement may not be amended except by written agreement of all parties to this agreement. This Cooperative Agreement shall continue in effect until it is terminated by agreement of all of the Parties. Any amendment to this agreement shall be consistent with the original purpose of the Restrictive Covenant and shall be recorded in the real property records for King County. E. Execution. Effective Date. This Cooperative Agreement may be executed in counterparts. A copy with all original executed signature pages affixed shall constitute the original and shall be retained by the Trustees. The date of execution shall be the date of the final signature of the Parties to this Cooperative Agreement. F. Default. In the event that any party defaults in the performance of any of that party's obligations under this Agreement, the non-defaulting party or parties shall have all remedies available in law or equity, but no party shall be liable for consequential damage. G. Parties Bound. The provisions of this Cooperative Agreement shall apply to and be binding upon the Parties to this Cooperative Agreement, their agents, successors and assigns. The undersigned representative of each party certifies that he or she is fully authorized by the party or parties whom he or she represents to enter into this Cooperative Agreement and to bind that party to it. 9 IN WITNESS WHEREOF the Parties have executed this Cooperative Agreement on the date and year opposite their signature. CITY OF FEDERAL WAY BY: Neal Beets, City Manager Date ATTEST: City Clerk, Laura Hathaway, CMC APPROVED AS TO FORM: Patricia A. Richardson, City Attorney THE PUY ALLUP TRIBE OF INDIANS BY: Chair Puyallup Tribal Council Date THE MUCKLESHOOT INDIAN TRIBE BY: Chair Muckleshoot Tribal Council Date NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION BY: Date 10 WASHINGTON STATE DEPARTMENT OF ECOLOGY Lead State Trustee BY: Date Approved as to Form for the Washington State Department of Ecology. BY: Date U.S. DEPARTMENT OF THE INTERIOR BY: Date K:\PW\Agreements\West Hylebos Projects Agreement 4.8.08.doc 11 Exhibit 1 Restrictive Covenant Notice is hereby given that the property legally described in Exhibit A hereto (the Subject Property) is subject to use restrictions and other obligations enforceable by the Natural Resource Trustees for Commencement Bay (enumerated in the Cooperative Agreement described below and attached hereto) and the City of Federal Way. The purpose of these restrictions and obligations is to ensure that the Subject Property provides habitat value to the public in perpetuity in the Commencement Bay environment. These restrictions and obligations are described in Section IV of the Cooperative Agreement attached hereto and incorporated herein. Potential purchasers and lessees are further notified that, pursuant to the Cooperative Agreement, the Subject Property may not be disturbed in any manner that would impair or interfere with the integrity of the habitat restoration, except as provided in paragraph IV D.2. The restrictions and obligations described above are intended to run with the land and are intended to be binding on any and all persons who acquire an interest in the Subject Property. This restrictive covenant may be removed from the Subject Property only in the manner provided for in the Cooperative Agreement. DATED this _ day of ,200_ Subject Property Owner By: Its: STATE OF WASHINGTON ) ) ss COUNTY OF ) On this _day of , 200_, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be of the party that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said party, for the uses and purposes therein mentioned, and on oath stated that _ is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said party. Witness my hand and official seal affixed the day and year in this certificate above written. Signature Typed/Printed Name of Notary NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 12 COUNCIL MEETING DATE: October 7, 2008 ITEM #:_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Steel Lake Maintenance Yard North Parking Lot Asphalt Paving Project - Project Acceptance and Retainage Release POLICY QUESTION: Should the Council accept the Steel Lake Maintenance Yard North Parking Lot Asphalt Paving Project performed by Lakeside Industries, Inc. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 22, 2008 CATEGORY: cgj Consent D D ~r -"" ST ~:t!.:t!.~_PO~!m~!:._m:r.5.~~..M~JJ~~?.!>.:.~.~L12,~~!Ym.!>.~~.!~~..Y.Y.9.!.~.~..'p...irect'?!.mmm_.;t.?~.I.:'..!.:__..~~!?.1..~~...w9.!.~~m_..__.... Attachments: Land Use and Transportation Committee Memorandum dated September 22, 2008. D City Council Business D Ordinance D Resolution Public Hearing Other Options Considered: 1. Authorize final acceptance of the Steel Lake Maintenance Yard North Parking Lot Asphalt Paving Project performed by Lakeside Industries, Inc., in the amount of $46,900.37, as complete? 2. Do not authorize final acceptance of the completed Steel Lake Maintenance Yard North Parking Lot Asphalt .....mmm.p~~~gp~9.J~m~t...P.~.!f~~~~m!?L~~~~i.~.~...!~~.!!s.!!.~~~?...!~.~~?./;l:~.~9..I.P.P!~~m~.~.P!.9.y'id~<!i.~~.~!~9..J? tOm~~f.f__...mm....__.._mmm............ STAFF RECOMMENDATION: Staff recommends forwarding Option 1. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: (j/W\ Committee Council COMMITTEE RECOMMENDATION: Place Option 1 on the October 7, 2008 Council Consent Agenda for approval. Dini Duclos, Member Linda Kochmar, Chair Jim Ferrell, Member PROPOSED COUNCIL MOTION: "I move approval of acceptance of the Steel Lake Maintenance Yard Parking Lot Asphalt Paving Project performed by Lakeside Industries, Inc., in the amount of$46,900.37, as complete." (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 # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: September 22, 2008 Land Use and Transportation Committee Cary M. Roe, P.E., Assistant City Manager, Chief Operations Officer, Emergency Manager ~ Ken Miller, P.E., Deputy Public Works Director ~t-^-. Steel Lake Maintenance Yard North Parking Lot Asphalt Paving - Project Acceptance and Retainage Release BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet Washington State's Department of Revenue and Department of Labor and Industries requirements. The above-referenced contract with Lakeside Industries Inc. is complete. The final construction contract amount is $46,900.37. This is $7,306.42 below the $54,206.79 (including contingency) budget that was approved by the City Council on August 5, 2008. cc: Project File Central File K:\LUTC\2008\09-22-08 Steel lake north yard asphalt paving project - project acceptance.doc