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Planning Comm PKT 04-15-2009 City of Federal Way PLANNING COMMISSION April 15, 2009 7:00 p.m. City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. ROLLCALL 3. APPROVAL OF MINUTES March 4, 2009 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS . PUBLIC HEARING 2008 Comprehensive Plan Amendments 7. ADDITIONAL BUSINESS 8. AUDIENCE COMMENT 9. ADJOURN Commissioners Merle Pfeifer, Chair Lawson Bronson Tom Medhurst Tim O'Neil Hope Elder, Vice-Chair Wayne Carlson Sarady Long (Alternate) City Staff Greg Fewins, CDS Director Margaret Clark, Senior Planner E. Tina Piety, Administrative Assistant . 253-835-2601 )1,11')1,'. citvoffederalwav.com K\Planning Conmssion\2009\Agenda 04-15-09.doc CITY OF FEDERAL WAY PLANNING COMMISSION March 4, 2009 7:00 p.m. City Hall Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Lawson Bronson, Wayne Carlson, Tom Medhurst, Sarady Long, and Tim O'Neil. Commissioners absent: none. Staff present: Senior Planner Margaret Clark, Traffic Engineer Rick Perez, Assistant City Attorney Peter Beckwith, and Administrative Assistant E. Tina Piety. Chair Pfeifer called the meeting to order at 7:00 p.m. ApPROVAL OF MINUTES The minutes of February 18, 2009, we:r:e approved as written. AUDIENCE COMMENT None ADMINISTRATIVE REpORT Ms. Clark informed the Commission that the Churches and Adult Family Homes Code Amendments went to second reading at last night's City Council meeting. They will become effective March 12,2009. The RV's in Residential Zones and Construction Hours Code Amendments went to the Land Use/Transportation Committee (LUTe) on March 2, 2009. They requested that the RV code amendment include language that the applicant is making a "good faith effort" to repair their home. The amendments were forwarded for first reading at the March 17, 2009, City Council meeting. At that meeting, the LUTC also recommended adoption of the 2009 Planning Commission Work Program. In addition, they recommended that the City Council approve funding for Planning Consultants. The Work Program will also be on the March 17,2009, City Council agenda. COMMISSION BUSINESS STUDY SESSION - City Center Access Study Mr. Perez delivered the staff report. In order to enhance access to and circulation within the City Center, the City of Federal Way seeks to improve safety and reduce congestion on the transportation network. The City of Federal Way, in conjunction with its project partners WSDOT, FHW A, PSRC, and the additional supporting agencies (the "Core Support Team") performed a feasibility study with a Public Stakeholder Team. The study was to determine viable solutions to the safety issues and the congestion at the interchange of South 320th Street and 1-5 (access to Federal Way City Center). Beginning in 2003, there have been ongoing opportunities for the public to provide feedback. These opportunities include recent public open houses that drew between 100 to 200 attendees in April and November 2008, as well as at briefings for interested community groups. Eventually two alternatives were developed: Alternative One, North City Center and Alternative Two, South City Center. Both the Core Support Team and Public Stakeholder Team voted 100% to recommend Alternative One, North City Center. K:\Planning Commission\2009lMeeting Summary 03-04-09.doc Planninl! Commission Minutes Pal!e 2 March 4. 2009 Planning Commission Minutes Page 2 March 4, 2009 Alternative One modifies freeway ramps from South 320th Street to South 312th Street. It includes dual exit ramps and on-ramps with freeway exit and entry point at one location. Alternative One will add a new overpass at South 312th Street and will widen South 312th Street between 23rd Avenue South and 32nd A venue South. It goes past Steel Lake Park and will require a strip of land from the north Steel Lake Park and from the south Steel Lake Park. The City of Federal Way is closely coordinating their work on the City Center Access Project with the requirements of two federal regulations that protect park resources. These regulations are Section 4(t) of the Department of Transportation Act of 1966 and Section 6(t) ofthe Land and Water Conservation Fund Act of 1965. Steel Lake Park meets the criteria for a Section 4(t) resource because it is a significant public park. Only the south side of Steel Lake Park meets the criteria for Section 6(t) because the soccer fields on this property were developed and renovated with funds from a Land and Water Conservation grant. The project will identify and evaluate options for pedestrian enhancements along South 312th Street and connection improvements between the north and south sides of the park. It will be designed to modify or reduce the project footprint in order to avoid Steel Lake Park where possible. The project will follow National Park Service policies and provide replacement property of equal value, location, and usefulness for land acquired from south Steel Lake Park. Discussions need to be held on existing Steel Lake Park issues and potential impacts including: recreation use (field #5); parking and vehicle access; and pedestrian access/crossings. The next steps include presenting work items at the Core Team and Public Stakeholder Team meetings for comments; screening mitigation concepts by the work group after open house comments; screening replacement properties from six to three to present at open house for comments; and on March 10, 2009, the work group choosing the final mitigation plan and two replacement properties for the appraisal work. Commissioner Elder commented that she has been involved in this project since its beginning and asked were the funding is coming from. Mr. Perez responded that currently from City funds. This stage is expected to cost $3 million. The City has spent about $1 Y2 million so far. There will be several construction phases and the City ha~ submitted for grant funding. Commissioner Elder commented that one reason she is concerned about the funding is that the skateboard park went over its anticipated budget because of unforeseen issues due to the water table and now you are considering an underground tunnel. Another concern is whether this will take funds away from the Triangle project. Mr. Perez responded that the Triangle project is the City's top emphasis, with the City Center Access second. The City Center Access seeks different funds. Commissioner Elder expressed concern that a person may build along 312th without knowing about this project and they could lose some of their land because of it. Mr. Perez responded that the City informs people of such projects when they apply for a permit. He also commented that it may be 10 to 20 years before the City has the funds to proceed and purchase property. Commissioner Elder also expressed her concern that the project not take any usage away from Steel Lake Park. Commissioner Carlson stated if park modifications are done, the City should take the opportunity to upgrade the parking. The south side of the park needs enough parking to accommodate eight teams. Mr. Perez responded that the City is considering the need for access across 312th for those parking on the other side of the park. Commissioner Medhurst asked what is the square footage or acreage of the park that will be impacted. Mr. Perez responded that 4/1 0 on an acre on the south side and 1 Y2 acre on the north side will be impacted. Commissioner O'Neil asked where replacement land would come from for the park and what about bicycle lanes. Mr. Perez responded the City is considering replacement land from the Lauralwood wetland or property next to Celebration Park. The project provides an opportunity of good bike access to 312th Street. K:IPlanning Commission\2009lMeeting Summary 03-04-09.doc Planning Commission Minutes Page 3 March 4, 2009 Commissioner Bronson commented that there is no indication of the HOV lanes on 317th; what impact will this project have? Mr. Perez commented that he has spoken to the Department of Transportation about them and no changes are proposed for the direct access on 317th. It is the most successful direct access ramp in the state and they expect the volume of use will increase over time even with future construction. Commissioner Bronson stated that for better understanding of the project, the direct access ramp should be included on maps of this project. Chair Pfeiffer asked what kind ofland can be used for the park replacement land. Mr. Perez responding it must be in-kind; wetland for wetland, ball field for ball field, etc. The study session was closed. ADDITIONAL BUSINESS None AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 8:10 p.m. K:\Planning Commission\2009\Meeting Sunnnary 03-04-09.doc ~ CITYOF ~ Federal Way MEMORANDUM April 2, 2009 To: Merle Pfeifer, Chair, Federal Way Planning Commission FROM: Greg F ewins, Director of Community Development Services Margaret H. Clark, AICP, Senior Planner SUBJECT: 2008 Comprehensive Plan Amendments MEETING DATE: April 15, 2009 I. BACKGROUND Federal Way adopted its comprehensive plan in 1995 and updated it in December 1998, December 2000, November 2001, March 2003, July 20,2004, June 16,2005, and July 16,2007. The Growth Management Act (GMA) [RCW 36.70A.130(2)(a)] limits plan updates to no more than once per year, except under the following circumstances: 1. The initial adoption of a sub-area plan that does not modify the comprehensive plan policies and designations applicable to the subarea. 2. The adoption or amendment of a shoreline master program. 3. The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget. Except as otherwise provided above, the governing body shall consider all proposals concurrently, so the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation, a county or city may adopt amendments or revisions to its comprehensive plan that conform to this chapter whenever an emergency exists, or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court. II. 2008 COMPREHENSIVE PLAN AMENDMENTS The proposed changes to the comprehensive plan include housekeeping changes to Chapter 6, "Capital Facilities" and Chapter 10, "Private Utilities" (Exhibit A). Proposed changes to text of the comprehensive plan are shown in a strike out (proposed deletions) and underline (proposed additions). The proposed amendments also include two citizen-initiated requests for site-specific changes (descriptions below) to the comprehensive plan map and zoning map and a city-initiated plan amendment and rezone (Exhibit B). Planning Commission Memorandum 2008 Comprehensive Plan Amendments April 15, 2009 Page 1 1. Citizen-Initiated Requests · File #06-104976-UP - A request by Federal Way Village, LLC to shift the dividing line between the western portion of the site designated Multi- Family and RM 2400 (one unit per 2,400 square feet) and eastern portion of the site designated Community Business (Be) to add 1.53 acres to the BC zoned parcels. The site is located south of South 336th Street and west of Pacific Highway South (Exhibit C). · File #07-1 05968-UP - A request by Trinh Nguyen to change the comprehensive plan designation and zoning of two lots, approximately 13,210 square feet in size, located at the southwest corner of the intersection of South 288th Street and 18th Avenue South from Multi-Family and RM 3600 (one unit per 3,600 square feet) to Community Business and BC (Exhibit D). 2. City-Initiated Request · File #09-100848-00-UP - City-initiated proposal to change the comprehensive plan designation and zoning of two lots, approximately 3.34 acres in size, located south of South 279th Street and west of Pacific Highway South from Single-Family Residential and RS 7.2 (Single Family, one unit per 7,200 square feet), and Multi-Family and RM 1800 (Multi- Family, one unit per 1,800 square feet), to Multi-Family and RM 3600 (Multi-Family, one unit per 3.600 square feet) per a Settlement Agreement authorized per Federal Way Resolution #00-318 (Exhibit E). III. REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22, Article IX, "Process VI Review," establishes a process and criteria for comprehensive plan amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the requests for comprehensive plan amendments; 2. To determine whether the proposed comprehensive plan amendments meets the criteria provided by FWCC Sections 22-529,22-530, and 22-488(c); and, 3. To forward a recommendation to the City Council regarding adoption of the proposed comprehensive plan amendments. IV. PROCEDURAL SUMMARY 3/14/09 Issuance of Determination of Non significance pursuant to the State Environmental Policy Act (SEPA)! 3/30/09 End of SEP A Comment Period 4/13/09 End of SEP A Appeal Period I Due to its bulk, a copy of the DNS is not attached, but is available for review in the Community Development Services Department. Planning Commission Memorandum 2008 Comprehensive Plan Amendments April 15, 2009 Page 2 4/15/09 Public Hearing before the Planning Commission V. AMENDMENTS TO COMPREHENSIVE PLAN CHAPTERS AND MAPS Pursuant to RCW 36.70A.130(4), the City of Federal Way must update its comprehensive plan every seven years. The deadline for the next major update is December 1, 2011. However, per Federal Way City Code (FWCC) Section 22-520, the City has elected to update its plan on an annual basis. As part of the annual review, the City may make housekeeping changes to chapters and maps ofthe comprehensive plan. The following housekeeping changes are being proposed: 1. Chapter 6, Capital Facilities - The GMA (RCW 36.70A.070) requires that the comprehensive plan include a capital facilities chapter that addresses the following components: . An inventory of existing facilities owned by public entities, showing the locations and capacities of the facilities. · A forecast of the future needs for such facilities. . The proposed locations and capacities of expanded or new facilities. . At least a six-year financing plan that will finance such facilities and clearly identify sources of public money for such purposes. . A requirement to reassess the land use chapter if probable funding falls short. Chapter 6 addresses the above components for Surface Water, Transportation, Parks and Recreation, Community Facilities, School Facilities, Water Systems, Sewer Systems, and Fire Facilities. As part of the 2008 amendment process, only those sections for School Facilities, Water Systems, Sewer Systems, and Fire Facilities were updated based on information provided from the agencies. The entire chapter will be updated as part of the major 2011 update. 2. Chapter 10, Private Utilities - The GMA (RCW 36.70A.070) requires that the comprehensive plan include a utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines. Chapter 10 includes plans for natural gas, electricity, telecommunications, and cable television service for the City and its planning area. Updated information on natural gas and electricity was provided by Puget Sound Energy (PSE). This included updating text as well as Maps X-2 and X-4. The City contacted Comcast and Qwest and requested that they update their sections. Qwest provided some updates; however, there was no response from Comcast. The City will be contacting these agencies again as part of the 2011 Update. Planning Commission Memorandum 2008 Comprehensive Plan Amendments April 15, 2009 Page 3 VI. SITE-SPECIFIC REQUEST #1- FEDERAL WAY VILLAGE LLC File Number: Parcels: Address: Location: Size: Existing Land Use: Applicant: Owner: Request: 06-104976-UP 202104-9004 & 202104-9072 33901 & 3405 Pacific Highway South South of South 336th Street and west of Pacific Highway South. This is the southeastern portion of the 27 acre-zoned RM 2400 site on the west side of a dividing line that extends southwards from the South 336th Street right-of- way and follows the eastern buffer of Wetland No.2, as shown in the Settlement Agreement and Covenant recorded under recording number 9704211043, to a point approximately 351 feet north of the south property line of parcel 202104-9004, at which point said line follows the middle of the 13th Place South extended right-of-way to the south property line of parcel 202104-9004 (Exhibit C). 1.53 acres (portion of parcels 2021049004 & 2021049072) Vacant Federal Way Village, LLC Kitts Corner Development, LLC To shift the dividing line between the RM 2400 zoned parcels and the BC zoned parcels to add 1.53 acres to the BC zoned parcels located south of South 336th Street and west of Pacific Highway South (Exhibit C). Existing Comprehensive Plan: Multi-Family Existing Zoning: RM 2400 (Multi-Family, one unit per 2,400 square feet) with conditions as outlined in Ordinance 95-490 as amended by Ordinances 07-556 and 08-581 Requested Comprehensive Plan: Community Business Requested Zoning: Community Business (BC) Availability of Utilities Sanitary Sewer: Lakehaven Utility District Public Water: Lakehaven Utility District Solid Waste: Waste Management Availability of Public Services Police: City of Federal Way Police Department Fire/ Emergency Medical: South King Fire and Rescue Schools: Federal Way Public Schools Background This is a portion of a larger site which received a Master Plan Approval (#07-1 00345-UP) on January 25,2008, for a 326,450 square foot mixed-use development consisting of 178, 850 square feet of retail, 59,500 square feet of office, 17,600 square feet of restaurant, and 70,500 square feet of residential (55 units) on the eastern portion of the site, and a 94 zero-lot line townhouse development on the western portion of the site (Exhibit F). The applicant is requesting to change 1.53 acres from Multi-Family to Community Business (BC). This change would not affect the zero-lot line Planning Commission Memorandum 2008 Comprehensive Plan Amendments April 15, 2009 Page 4 townhouse development located to the west of the wetlands, but would result in 1.53 acres being rezoned from RM 2400 to BC, and all multi-family zoning situated on the west side of the wetland feature and all BC zoning on the east side. If the request to move the dividing line between the RM 2400 zoned parcels and the BC zoned parcels is approved, this will require the future amendment of the February 16, 2008, Master Plan prior to any applications for development being accepted by the City. No further environmental review would be required unless there is a change in the mix of uses on the BC-zoned parcels resulting in more impacts to the environment. Neighborhood Characteristics Parcels 202104-9004 and 202104-9072 are vacant. The remainder of the Master Plan site is also vacant except for parce1202014-9086 to the east, on which Horan Realty (a real estate office building) is located, and parcel 202104-9090 also to the east, on which an automotive business is located. A City-controlled regional detention pond, Kitts Corner, is located on the western portion of parcel 202104-9004. Uses to the north of the Master Plan site across South 336th Street are a mix of retail, office, church, and restaurants. To the south is vacant land that has been permitted as Progressive Auto Insurance. To the east across Pacific Highway South, moving from north to south, are small retail establishments, vacant property, a bank, Pacifica Park Office Building, and Canopy World. In addition, Walt's Automotive is located on the triangular piece of property between Pacific Highway South and 16th Avenue South. To the west, moving from north to south, are Mitchell Place (a senior housing development) and industrial uses, including Frito Lay. Critical Areas A Class II Wetland and Major Stream (a branch of the Hylebos) are located to the west of the 1.53 acre site. Class II Wetlands have 100-foot setbacks. The on-site stream also has a 100-foot buffer. The stream buffer is either contained within the existing wetland buffer or flows through the regional detention pond located on the western portion of parcel 2021 04-9004. The relocated boundary would follow the edge of the wetland buffer. Iffuture development is proposed in the vicinity of the on-site stream or wetland, compliance with FWCC Chapter 22, Article XIV, "Critical Areas," will be required. Drainage The site is located within the West Hy1ebos Creek Sub-Basin and a Levell Flow Control Area. Development is not proposed in conjunction with the request for a change in comprehensive plan and zoning designation. Any future development of the site will be subject to City regulations, including flow control. In addition, any water-related impacts will be mitigated in compliance with the King County Surface Water Design Manual (KCSWDM) in effect at that time. Access Based on the approved Master Plan (Exhibit F), proposed access to the BC-zoned portion of the site (area east of the large on-site wetland) is from South 336th Street, a principal arterial located to the north of the site via an extension of 13th Place South. Access would also be from Pacific Highway South, also a principal arterial located to the east via a westward extension of South 340th through the site. The Master Plan also shows a road connecting the western (area west of the large on-site wetlands) and eastern (area east of the large on-site wetland) areas. This connecting roadway would provide the BC-zoned portion of the site an additional access to South 336th Street through the residential area to the west. As part of the overall development of the site, an additional east/west access would also be required between South 336th and South 340th Streets. Planning Commission Memorandum 2008 Comprehensive Plan Amendments April 15, 2009 Page 5 Potential Traffic Impacts Traffic impacts associated with build out of the approved Master Plan was analyzed as part of the Mitigated Determination of Nonsignificance (MDNS) issued February 16,2008. The non-project action associated with shifting the boundaries between the Multi-Family and Community Business zones in itself is not anticipated to affect the results of the traffic analysis and required traffic mitigation. If staff later determines that there is an increase in trip generation, that increase would be required to be analyzed in a modified MDNS or in a concurrency analysis. Projections for Population and Employment Shifting the line is not expected to significantly affect either future population or employment. The overall Master Plan shows future development of a 326,450 square foot mixed-use development consisting of 178,850 square feet of retail, 59,500 square feet of office, 17,600 square feet of restaurant, and 70,500 square feet of residential (55 units) on the eastern portion of the site, and a 94 zero-lot line townhouse development on the western portion of the site. Public Comments Received No public comments were received. SITE SPECIFIC REQUEST #2 - NGUYEN File Number: Parcels: Address: Location: Size: Existing Land Use: Applicant: Owner: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 07-105968-UP 042104-9261 & 042104-9115 28801 & 28805 18th Avenue South South of South 288th Street and west of 18th Avenue South (Exhibit D) 13,210 square feet Vacant Trinh Nguyen Trinh Nguyen Multi-Family RM 3600 (Multi-Family, one unit per 3,600 square feet) Community Business Community Business (BC) Availability of Utilities Sanitary Sewer: Lakehaven Utility District Public Water: Lakehaven Utility District Solid Waste: Waste Management Availability of Public Services: Police: City of Federal Way Public Safety Fire/ Emergency Medical: South King Fire and Rescue Schools: Federal Way Public Schools Planning Commission Memorandum 2008 Comprehensive Plan Amendments April 15, 2009 Page 6 Background and Neighborhood Characteristics The subject property is vacant and consists of two lots. The property is flat, vegetated with grass and blackberry bushes, with some small trees and bushes along the west property line. The current multi- family designation and zoning would allow development of three multi-family dwelling units on the subject property. If the request for a change in the comprehensive designation and zoning from Multi-Family and RM 3600 to Community Business is granted, the applicant would like to construct a mixed use building with a mix of commercial uses on the ground floor and dwelling units on the next two levels. Community Business would allow up to six multi-family units; however, a limited analysis of the site shows that a more reasonable assumption is for three dwelling units when drainage, parking, and open space requirements are taken into account. Land use to the north across South 288th Street is a day care, to the south and to the east across 18th Avenue South are single family homes, and to the west is a mixed use building. Zoning to the north across South 288th Street and to the west is Community Business, to the south is Multi-Family (RM 3600, one unit per 3,600 square feet), and to the east across 18th Avenue South is Single Family (RS 7.2, one unit per 7,200 square feet). Critical Areas This site is located in an already developed area and the site is not affected by environmentally sensitive areas. Drainage The site is located within the Lower Puget Sound Basin The site is also located within a Level 1 Flow Control and Basic Water Quality Area. Development is not proposed in conjunction with the request for a change in comprehensive plan and zoning designation. Any future development of the site will be subject to City regulations, including flow control. In addition, any water-related impacts will be mitigated in compliance with the King County Suiface Water Design Manual (KCSWDM) in effect at that time. Access: Existing access is from 18th Avenue South. Regardless of zoning, when the site is developed a three- foot right-of-way dedication and half street frontage improvements will be required along 18th A venue South. No dedication or improvement would be required along South 288th Street. Potential Traffic Impacts At the time that an application to develop the property is submitted, the Traffic Division will conduct a Concurrency Analysis, which will analyze peak hour impacts of the project and the pro-rata share contributions towards transportation projects in the Transportation Improvement Plan (TIP) to assure that there is adequate capacity to accommodate the proposed development. Supplemental mitigation may be required if the proposed project creates an impact not anticipated in the TIP. The applicant has the option to have an independent traffic engineer licensed in the State of Washington prepare the concurrency analysis consistent with City procedures. Projections for Population and Employment Ifrezoned to Community Business and developed as mixed-use, the number of multi-family units and people are expected to remain the same. It is expected that employment will increase; however, Planning Commission Memorandum 2008 Comprehensive Plan Amendments April 15, 2009 Page 7 the number employed would depend on how the site is developed. The BC zone allows a wide range of uses including retail, office, restaurant, and banking. Public Comments Received No public comments received. SITE SPECIFIC REQUEST #3 - PACIFIC HEIGHTS File Number: Parcels: Location: Size: Existing Land Use: Applicant: Owners: Existing Comprehensive Plan: Existing Zoning: 09-100948-00-UP 332204-9221 & 720540-0130 South of South 279th Street and west of Pacific Highway South Parcel 332204-9221 is 2.66 acres in size and Parcel 720540-130 is 0.68 acres for a total of 3.34 acres Vacant City of Federal Way Pacific West Development LLC Single-Family Residential and Multi-Family Residential Parcel 332204-9221 has split zoning ofRS 7.2 (Single Family, one unit per 7,200 square feet) and RM 1800 (Multi-Family, one unit per 1800 square feet). Parcel 720540-0130 is zoned RM 1800 (Multi-Family, one unit per 1800 square feet). Requested Comprehensive Plan: Multi-Family Requested Zoning: RM 3600 (Multi-Family, one unit per 3,600 square feet) Availability of Utilities Sanitary Sewer: Lakehaven Utility District Public Water: Lakehaven Utility District Solid Waste: Waste Management Availability of Public Services Police: City of Federal Way Public Safety Fire/ Emergency Medical: South King Fire and Rescue Schools: Federal Way Public School District Background On August 13, 1998, the King County Boundary Review Board (BRB) issued a decision approving the annexation of property known as Redondo Riveria into the City of Des Moines. This included property oWned by Donald and Marie Tavis, which Granville Southern Company had an option to buy. At the time of the annexation, Granville Southern Company had a vested application for a project known as Pacific Place under review by King County. Pacific Place consisted of 12.53 acres of which 9.19 acres were located within the City of Des Moines and 3.34 acres were located within the City of Federal Way Potential Annexation Area (PAA). The Tavis' and Granville Southern Company brought suit against the City of Des Moines, the City of Federal Way, and the Boundary Review Board, asserting that the annexation should not have been Planning Commission Memorandum 2008 Comprehensive Plan Amendments April 15, 2009 Page 8 approved because Granville and the Tavis' owned property on either side of the annexation/PAA boundary, and that Des Moines and Federal Way should be ordered to revise the PAA boundary. In order to settle the litigation, on July 18, 2000, per Resolution 00-318, the City of Federal Way authorized the City Manager to execute a Settlement Agreement with the City of Des Moines and Granville Southern Corporation (Exhibit G). Also on July 18, 2000, per Resolution 00-319 (Exhibit H), the City of Federal Way approved amending the P AA Boundary Description and Map in order that the P AA boundary between Des Moines and Federal Way would follow the eastern right-of-way line of 15th Avenue South. The Settlement Agreement established the guidelines for future review ofthe Pacific Place development. It also committed Federal Way and Des Moines to adopt pre-annexation zoning and other land use controls in accordance with the "Illustrative Site Plan" attached as Exhibit B to the Settlement Agreement. The "Illustrative Site Plan" limited development on the site to no more than 85 units constructed in the form of single-family dwellings, duplexes, and one triplex. The City of Federal Way comprehensive plan designation and zoning that is most consistent with development as shown in the "Illustrative Site Plan" is Multi-Family (RM 3600, one unit per 3,600 square feet). The Settlement Agreement also required that that King County transfer the Pacific Place Development to the City of Des Moines Pacific upon annexation for permit processing. On March 27,2008, per Resolution 1069, the City of Des Moines approved the PUD of Pacific Heights (Exhibits I and J). On June 26, 2008, per Ordinance 1431, the City of Des Moines rezoned that portion of Pacific Heights within its jurisdiction from RS-7200 to RA-3600 (Exhibit K). Critical Areas There are two wetlands on-site. The larger one (Wetland A, approximately 60,000 square feet in size) is located in the middle of the site and is considered "significant" based on the City of Des Moines regulations. A smaller wetland (approximately 5,500 square feet in size) located along the western boundary is considered "important." The terms of the Settlement Agreement authorized a 70 foot buffer for the "significant" wetland and the smaller "important" wetland was authorized to be filled. As part of the preliminary plat approval process, the applicant mitigated for the filling of the smaller wetland by creating 7,578 square feet of wetland adjacent to Wetland A. Drainage Pursuant to the 2000 Settlement Agreement, the design of detention facilities for the Pacific Heights Planned Unit Development was subject to a Level 2 Flow Control Standard, as defined in the 1998 King County Swface Water Design Manual. No downstream analysis was required. Access The main access to the Pacific Heights PUD will be provided per the extension to the north of the existing dead-end stub of 15th Avenue South, which is located within Federal Way. The extension will connect to South 279th to the north. There will also be a new stub to the west to provide connectivity (Exhibit J). Potential Traffic Impacts Traffic mitigation for the Pacific Heights PUD is subject to the terms of the Settlement Agreement, which provided for the voluntary payment by Granville Southern to the City of Federal Way of Granville Southern's pro rata share of the cost of two projects which would be affected by development of this site. Planning COminission Memorandum 2008 Comprehensive Plan Amendments April 15, 2009 Page 9 Projections for Population and Employment There are six single-family lots and 24 town house lots located in that portion of the Pacific Heights PUD located in Federal Way. The remaining 47 lots are located in Des Moines. Public Comments Received No public comments received. VII. COMPLIANCE WITH FWCC SECTIONS 22-529 AND 22-530 1. Section 22-529. Factors to be Considered in a Comprehensive Plan Amendment -'- The City may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan. (1) The effect upon the physical environment. Request Response Request #1 - The non-project action associated with shifting the boundaries Federal Way Village LLC between the Multi-Family and Community Business zones will not affect the physical environment. Request #2 - This site is located in an already developed area and there are no Nguyen mapped critical areas on the two parcels. Request #3 - In the Des Moines portion of the site, grades are primarily gently Pacific Heights sloping (0 to 6%) from the east to the west. In the Federal Way portion of the site (eastern portion), there is a moderate to steep hillside which slopes down from Pacific Highway South. As discussed above, there are two wetlands on the site. The smaller wetland was filled per the terms of the Settlement Agreement and mitigation for such filling was creation ofa 7,578 square foot wetland adjacent to Wetland A. (2) The effect on open space, streams, and lakes. Please refer to responses under Section V1I(l)(i) above (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. Request Response Request #1- The non-project action associated with shifting the boundaries Federal Way Village LLC between the Multi-Family and Community Business zones will not impact adjacent land uses and surrounding neighborhoods. Impacts associated with the approval of the overall Master Plan for Federal Way Village have been evaluated as part of the February 16,2008, Mitigated Determination ofNonsignificance (#07-100346-SE) and the January 25,2008, Master Plan approval (#07-100345-UP). Planning Commission Memorandum 2008 Comprehensive Plan Amendments April 15, 2009 Page 10 Request Response Request #2 - Any future development on this site would have to comply with Nguyen city regulations related to bulk and scale, landscaping and design standards, and such compliance should adequately mitigate any potential impact to adjacent land uses and surrounding neighborhoods. Request #3 - Impacts on adjacent land and surrounding neighborhoods were Pacific Heights considered as part of the Settlement Agreement, which attempted to balance the location of multi-family development in a predominantly residential area. As a result, the number of units changed from 120-unit condominiums to a mix of 14 sing1e- family units and 63 townhouse style development lots. In addition, a landscape buffer has been provided along the southern boundary of the property where it abuts existing single family residential homes. (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. Request Response Request #1 - The non-project action associated with shifting the boundaries Federal Way Village LLC between the Multi-Family and Community Business zones will not impact community facilities, including utilities, roads, public transportation, parks, recreation, and schools. Impacts associated with the approval of the overall Master Plan for Federal Way Village have been evaluated as part of the February 16,2008, Mitigated Determination of Non significance (#07-100346-SE) and January 25,2008, Master Plan approval (#07-100345-UP). Request #2 - All utilities, such as power and waste disposal, are available to the Nguyen site. The site is bordered by South 288th Street to the north and 18th A venue to the south. Public transportation is available along South 288th Street. This site is served by all day transit service as well as peak hour transit service. There are a wide variety of recreational opportunities in the Federal Way area. Recreational opportunities in the City range from Dash Point State Park (a large state park on the west side of the city) and Celebration Park (an 84-acre urban park located approximately in the middle of the City with ball fields and walking trails), to recreation trails in the Bonneville Power Administration right-of-way. If the site is developed as a mixed-use development, the multifamily portion of the development will be required to provide 300 square feet of open space per dwelling unit. Impacts on schools associated with the residential portion should be mitigated by the payment of a school impact fee ($1,819.50 as of2009). Request #3 - Impacts on community facilities including utilities, roads, public Pacific Heights transportation, parks, recreation and schools were considered during the review process administered by Des Moines with input from Federal Way. Furthermore, redesignation is required by the Planning Commission Memorandum 2008 Comprehensive Plan Amendments April 15, 2009 Page 11 Request Response tenns.ofthe2000 Settlement Agreement, which is binding on the City (Exhibit G). (5) The benefit to the neighborhood, city, and region. Request Response Request #1 - The Federal Way Village has been approved as a Master Plan for Federal Way Village LLC a 326,450 square foot mixed-use development consisting of 178,850 square feet of retail, 59,500 square feet of office, 17,600 square feet of restaurant, and 70,500 square feet of residential (55 units) on the eastern portion of the site, which is zoned Community Business (Be), and a 94 zero-lot line townhouse development on the western portion of the site, which is zoned RM 2400 (Multi-Family, one unit per 2,400 square feet). The dividing line follows the eastern buffer of Wetland No.2 to a point approximately 351 feet north of the south property line of parcel 202104-9004, at which point said line follows the middle of the 13th Place South extended right-of-way to the south property line of parcel 202104-9004 (Exhibit C). The applicant would like to move the southern portion of the dividing line to the west in order to continue following the eastern buffer of Wetland No.2 as they have found that this area works much better for commercial development rather than residential. Making changes to the site that would encourage development is a benefit to the neighborhood, city, and region as it would generate additional jobs in the City. Request #2 - Development of this site as mixed-use vertical development is a Nguyen benefit to the neighborhood, city, and region as it would generate additional jobs in the City. Request #3- This site currently has a mix of single-family and residential Pacific Heights zoning, which makes it difficult to develop in a cohesive manner. In addition, there are steep slopes adjacent to Pacific Highway South. The requested RM 3600 zoning facilitates the Pacific Heights Planned Unit Development, which would provide 30 additional housing units in Federal Way, thus assisting the City to meet the adopted household targets. (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. Request Response Request #1- The Federal Way Village has been approved as a Master Plan for Federal Way Village LLC a 326,450 square foot mixed-use development consisting of 178,850 square feet of retail, 59,500 square feet of office, 17,600 square feet of restaurant, and 70,500 square feet of residential (55 units) on the eastern portion of the site, which is zoned Planning Commission Memorandum 2008 Comprehensive Plan Amendments April] 5, 2009 Page 12 Request Response Community Business (Be), and a 94 zero-lot line townhouse development on the western of the site, which is zoned RM 2400 (Multi-Family, one unit per 2,400 square feet). Shifting the dividing line between the two zones should not have a significant effect on what is planned for this area. Request #2 - Development of this site as mixed-use vertical development Nguyen should result in the same amount of residential units and the addition of commercial space that could be accommodated on this site would not significantly affect the existing capacity of the Community Business zone. Request #3 - The approved Pacific Heights PUD is for 14 single family units Pacific Heights and 63 zero-lot line townhouses. It is anticipated that the townhouse units will satisfy a demand for more affordable housing for fIrst-time home buyers. In addition, the development is in close proximity to Pacific Highway and 1-5. (7) The current and projected population density in the area. Request Response Request #1 - The Federal Way Village has been approved as a Master Plan for Federal Way Village LLC a 326,450 square foot mixed-use development consisting of 178,850 square feet of retail, 59,500 square feet of office, 17,600 square feet of restaurant, and 70,500 square feet of residential (55 units) on the eastern portion of the site, which is zoned Community Business (Be), and a 94 zero-lot line townhouse development on the western portion of the site, which is zoned RM 2400 (Multi-Family, one unit per 2,400 square feet). Shifting the dividing line between the two zones should not have a significant effect on the projected population density in the area. Request #2 - Development of this site as mixed-use vertical development Nguyen should result in the same amount of residential units. Request #3 - This project had a vested King County application for 120 Pacific Heights condominium units. The approved Pacific Heights PUD is for 14 single family units and 63 zero-lot line townhouses. (8) The effect upon other aspects of the comprehensive plan. Granting a change in comprehensive plan designation and zoning for any of the three requests should not affect other aspects of the comprehensive plan. 2. Section 22-530, Criteria for Amending the Comprehensive Plan - The City may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare. Planning Commission Memorandum 2008 Comprehensive Plan Amendments April 15, 2009 Page 13 Request Response Request #1- Shifting the zoning line would create 1.53 additional acres of Federal Way Village LLC commercially-zoned land and should encourage development of this portion of the site. Therefore, the request complies with the goals of the comprehensive plan related to encouraging economic development and providing a wide variety of retail and services, and thus bears a substantial relationship to public health, safety and welfare. This is a benefit to the neighborhood, city, and region as it would generate additional jobs in the City. Request #2 - Development of this site as mixed-use vertical development is a Nguyen benefit to the City as it would generate additional jobs in the City and therefore would also benefit the public welfare. Request #3 - The approved Pacific Heights PUD is for 14 single family units Pacific Heights and 63 zero-lot line townhouses. It is anticipated that the townhouse units will satisfy a demand for more affordable housing for fIrst-time home buyers and therefore would also benefit the public welfare. AND (2) The proposed amendment is in the best interest of the residents of the city. Please see response under (1), above. (3) The proposed amendment is consistent with the requirements ofRCW 36. 70A and with the portion of the city's adopted plan not affected by the amendment. The proposed amendments are consistent with the following goals ofRCW Chapter 36.70A.020(2) of the Growth Management Act: (i) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. (ii) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development. (iii) Housing. Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. (iv) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. Planning Commission Memorandum 2008 Comprehensive Plan Amendments April 15, 2009 Page 14 The amendments are also consistent with goals and policies of the land use, housing and economic development chapters of the City's comprehensive plan. VIll. COMPLIANCE WITH FWCC SECTION 22-488(c) Site-specific requests are required to be evaluated for compliance with this section. 1) The city may approve the application only if it finds that: a. The proposed request is in the best interests of the residents of the city. Request Response Request #1 - The Federal Way Village has been approved as a Master Plan for Federal Way Village LLC a 326,450 square foot mixed-use development consisting of 178,850 square feet of retail, 59,500 square feet of office, 17,600 square feet of restaurant, and 70,500 square feet of residential (55 units) on the eastern portion of the site, which is zoned Community Business (Be), and a the 94 zero-lot line townhouse development on the western portion of the site, which is zoned RM 2400 (Multi-Family, one unit per 2,400 square feet). The applicant would like to move the southern portion of the dividing line between the Be and RM 2400 zones to provide additional BC-zoned land, as they have found that this area works much better for commercial development rather than residential. Making changes to the site that would encourage development is in the best interest of the residents City as it would generate additional jobs. Request #2 - Development of this site as mixed-use vertical development is in Nguyen the best interest of the residents City as it would generate additional jobs in the City. Request #3 - The amendment to the comprehensive plan and associated Pacific Heights rezoning of these parcels are in the best interest of the residents City because such redesignation is required by the terms of the 2000 Settlement Agreement, which is binding on the City (Exhibit G). b. The proposed request is appropriate because either: (i) Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning that, under those changed conditions, a change in designation is within the public interest; or (ii) The change in designation will correct a designation that was inappropriate when established. Planning Commission Memorandum 2008 Comprehensive Plan Amendments April 15, 2009 Page 15 Request Response Request #1 - The applicant has been trying to market the site for development Federal Way Village LLC since receiving the original comprehensive plan amendment and rezone per Ordinance 05-490 in June 2005. Through these marketing efforts, the applicant has learned that the 1.53 acres of land presently zoned RM 2400 is more appropriate for development as commercial land. Request #2 - The request does not meet any of the above criteria. Nguyen Request #3 - The request does not meet any of the above criteria; however, the Pacific Heights redesignation is required by the terms of the 2000 Settlement Agreement, which is binding on the City (Exhibit G). c. It is consistent with the comprehensive plan. Refer to responses to Section 22-530(1), criteria for amending the comprehensive plan (above). d. It is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan. The request for comprehensive plan amendments and rezones are non-project actions. Any future development associated with Requests #1 and 2 would be required to comply with all City regulations, including those adopted by reference from the comprehensive plan. The terms of the Settlement Agreement transferred the Pacific Heights application to Des Moines for processing. Furthermore, the Agreement limited Des Moines' review of the project to whether it complies with the terms and exhibits contained in the Agreement (Exhibit G). e. It is consistent with the public health, safety, and welfare. Refer to responses to Section 22-530(1), criteria for amending the comprehensive plan (above). 2) The city may approve an application for a quasi-judicial project related rezone only if it finds that: a. The criteria in subsection (1) above are met. b. The proposed project complies with this chapter in all respect. c. The site plan of the proposed project is designed to minimize all adverse impacts on the developed properties in the immediate vicinity of the subject property. d. The site plan is designed to minimize impacts upon the public services and utilities. The three site-specific requests are proposed amendments to the comprehensive plan, and not project-related rezones, and therefore, the criteria under this section do not apply. Planning Commission Memorandum 2008 Comprehensive Plan Amendments April 15,2009 Page 16 IX. STAFF RECOMMENDATION 1. Site-Specific Request #J - Request by Federal Way Village, LLC to shift the dividing line between the western portion of the site designated Multi- Family and RM 2400 (one unit per 2,400 square feet) and eastern portion of the site designated Community Business (BC) to add 1.53 acres to the BC zoned parcels. The site is located south of South 336th. Street and west of Pacific Highway South. Staff Recommendation - Staff recommends that the Federal Way Village request be approved with conditions as outlined in Ordinance 95-490 as amended by Ordinances 07-556 and 08-581. 2. Site-Specific Request #2 - Request by Trinh Nguyen to change the comprehensive plan designation and zoning of two lots, approximately 13,210 square feet in size, located at the southwest corner of the intersection of South 288th Street and 18th Avenue South from Multi- Family and RM 3600 (one unit per 3,600 square feet) to Community Business and BC. Staff Recommendation - Staff recommends that the Nguyen request be approved. 3. Site-Specific Request #3 - City-initiated proposal to change the comprehensive plan designation and zoning of two lots, approximately 3.34 acres in size, located south of South 279th Street and west of Pacific Highway South from Single-Family Residential and RS 7.2, and Multi-Family and RM 1800 to Multi-Family and RM 3600, per a Settlement Agreement authorized per Federal Way Resolution 00-318. . Staff Recommendation - Staff recommends that this request be approved. X. PLANNING COMMISSION ACTION Consistent with the provisions ofFWCC Section 22-539, the Planning Commission may take the following actions regarding each proposed comprehensive plan amendment: 1 Recommend to City Council adoption of the proposed comprehensive plan amendment as proposed; 2. Recommend to City Council that the proposed comprehensive plan amendment not be adopted; 3. Forward the proposed comprehensive plan amendment to City Council without a recommendation; or 4. Modify the proposed comprehensive plan amendment and recommend to City Council adoption of the amendment as modified. Planning Commission Memorandum 2008 Comprehensive Plan Amendments April 15, 2009 Page 17 LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Proposed Amendments to Chapters and Maps of the Comprehensive Plan Composite Map - Location of Site-Specific Requests Vicinity Map - Site-Specific Request #1 - Federal Way Village (Citizen-Initiated) Vicinity Map - Site-Specific Request #2 - Nguyen (Citizen-Initiated) Vicinity Map - Site-Specific Request #3 - Pacific Heights (City-Initiated) Approved Master Plan - Federal Way Village City of Federal Way Resolution 00-318 with Exhibit A, Settlement Agreement, Waiver and Release By and Between Granville Southern Corporation, Donald and Marie Tavis, and the Cities of Des Moines and Federal Way City of Federal Way Resolution 00-319 Amending an Agreement between the Cities of Des Moines and Federal Way Relating to Potential Annexation Area Boundaries City of Des Moines Resolution 1069 approving the PUD of Pacific Heights (March 27, 2008) Approved Pacific Heights Planned Unit Development City of Des Moines Ordinance 1431 Rezoning a Portion of Pacific Heights (June 26,2008) K:\Comprehensive Plan\2008\Planning Commission\041509 Report to Planning Commision.doc Planning Commission Memorandum 2008 Comprehensive Plan Amendments April 15, 2009 Page 18 Exhibit A Proposed Amendments and Maps of the Comprehensive Plan Chapter 6 and Chapter 10 CHAPTER SIX - CAPITAL FACILITIES 6.0 INTRODUCTION The City of Federal Way is expected to add 6,188 housing units and 7,481 jobs between the years 2001 and 2022. This growth will stimulate the local economy and maintain a diverse and vibrant community. Unfortunately, it will also generate a corresponding demand for new public services and facilities, such as schools, parks, and streets. These new facilities, and the financial implications they will have for Federal Way and its citizens, are the subject of this chapter. The Growth Management Act The Growth Management Act (GMA) refers to capital facilities planning in two of the 13 statewide planning goals. The two relevant goals are: 1. Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. 2. Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards. More specifically, the GMA mandates that the City prepare a capital facilities plan which contains the following components: · An inventory of existing facilities owned by public entities, showing the locations and capacities of the facilities. · A forecast of the future needs for such facilities. · The proposed locations and capacities of expanded or new facilities. · At least a six-year financing plan that will finance such facilities and clearly identify sources of public money for such purposes. · A requirement to reassess the Land Use chapter if probable funding falls short. In the pages that follow, this chapter complies with the GMA requirements for a capital facilities plan. FWCP - Chapter Six. Capital Facilities Level of Service To prepare a Capital Facilities chapter, one of the first decisions a jurisdiction must make involves establishing a level of service (LOS) standard. The level of service standard refers to the amount and quality of services and facilities that a community wants. For example, the LOS for a parks system is usually described in terms of the number of acres of parkland per 1,000 population. If a community has a strong desire for a good parks system, it will establish a high LOS standard for itself, maybe something on the order of 20 acres of park per 1,000 residents. On the other hand, 20 acres of developed parkland is expensive to acquire, develop, operate, and maintain. As a result, the community may be forced, for financial reasons, to accept a lower LOS standard. In any event, adopting LOS standards for all the services and facilities the City provides would help it: 1) evaluate how well it is serving existing residents, and 2) determine how many new facilities will have to be constructed to service new growth and development. Concurrency In addition to mandating that a Capital Facilities chapter be included in comprehensive plans, the GMA also introduced the concept of concurrency. In general terms, concurrence describes the situation where adequate and necessary public services and facilities are available "concurrent" with the impacts of new development, or within a specified time thereafter. Concurrency has two levels of applicability. The first is at the planning level and refers to all services and facilities, over the long term, and at the citywide scale. Planning level concurrency is what this chapter is all about. It inventories all existing facilities and services, establishes a LOS standard for each, estimates new facility requirements to accommodate projected growth, and develops a financing plan that identifies the revenues necessary to pay for all the new facilities. If the necessary revenues are not available, then the jurisdiction fails the planning level concurrency test and must take appropriate action. Those actions include lowering the LOS standard, raising taxes, restricting growth, or a combination of these actions. This chapter satisfies the planning level concurrency requirement as outlined in the GMA. The second level of concurrency analysis is project specific and only required for transportation facilities. Specifically, the GMA (RCW 36.70A. 070[6]) states: "...localjurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development." That same section goes on say that "concurrent with the development" shall mean that improvements or strategies are in place at the time of development, or that a financial Revised 2006 School. Rre. Water, and Sewer Comprehensive Plan Amendment VI-2 FWCP - Chapter Six. Capital Facilities commitment is in place to complete the improvements or strategies within six years. To satisfy the project level concurrency requirement, the last section of chapter three, Transportation, contains a concurrency management discussion. As mentioned previously, project level concurrency is only required for transportation system facilities. However, the Washington State Office of Community Development's interpretation (WAC 365-195-070[3]) states that, "...concurrence should be sought with respect to public facilities in addition to transportation facilities. The list of such additional facilities should be locally defined." This section goes on to say that local jurisdictions may fashion their own regulatory responses. The City adopted a Transportation Concurrency Management System, which became effective January 1,2007. Impact Fees Local jurisdictions planning under the GMA are authorized to assess impact fees for development activity as part of financing for public facilities, such as parks, transportation, and schools. The fire district also has a direct impact on their level of service based on growth and thus, is working both locally and legislatively to ensure that they also receive impact fees directly related to growth. Impact fees must be based on an adopted capital facilities plan. In addition, the collected fees must be used for projects that are reasonably related to and will reasonably benefit the development paying the fees. The fees must also be used within a specified time from the date they were collected or returned to the payee. Impact fees may be imposed for system improvement costs previously incurred to the extent that new growth and development will be served by the previously constructed improvements, provided they not be imposed to make up for any system improvement deficiencies. To impose an impact fee program, the City must have a plan in place to make up any existing system deficiencies. Countywide Planning Policies The Countywide Planning Policies (CWPPs) originally adopted in 1992, and amended in 1994, contain a number of goals and policies regarding capital facilities and the provision of urban services. Those relevant CWPPs are the following: COt Jurisdictions shall identify the full range of urban services and how they plan to provide them. C02 Jurisdictions and other urban service providers shall provide services and manage natural resources efficiently, through regional coordination, conjunctive use of resources, and sharing of facilities. Interjurisdictional planning efforts shall evaluate approaches to share and conserve resources. C03 Service provision shall be coordinated to ensure the protection and preservation of resources in both Rural Areas and in areas that are developing, while addressing service needs within areas currently identified for growth. Revised 2008 School. Fire, Water, and Sewer Comprehensive Plan Amendment VI-3 FWCP - Chapter Six, Capital Facilities C04 All jurisdictions acknowledge the need to develop a regional surface water management system which crosses jurisdictional boundaries and identifies and prioritizes program elements and capital improvements necessary to accommodate growth and protect the natural and built environment. The GMPC shall develop and recommend a financing and implementation strategy to meet this need. C05 Water supply shall be regionally coordinated to provide a reliable economic source of water and to provide mutual aid to and between all agencies and purveyors. The region should work toward a mechanism to address long-term regional water demand needs of agencies and water purveyors. C07 Water reuse and reclamation shall be encouraged, especially for large commercial and residential developments and for high water users such as parks, schools, golf courses, and locks. COIO In the Urban Area identified for growth within the next ten years, urban water and sewer systems are preferred for new construction on existing lots and shall be required for new subdivisions. However, existing septic systems, private wells, and/or small water systems may continue to serve the developments so long as densities and physical conditions are appropriate, the systems are allowed by the relevant jurisdictions, and management keeps the systems operating properly and safely. C013 Urban sewer system extensions in unincorporated King County shall be permitted consistent with the provisions of the King County Sewerage General Plan, Countywide Policies, and the policies of the jurisdiction in whose potential annexation area the extension is proposed. FW13 Cities are the appropriate provider of local urban services to Urban Areas, either directly or by contract. Counties are the appropriate provider of most countywide services. Urban services shall not be extended through the use of special purpose districts without approval of the city in whose potential annexation area the extension is proposed. Within the Urban Area, as time and conditions warrant, cities should assume local urban services provided by special purpose districts. FW32 Public capital facilities of a Countywide or Statewide nature shall be sited to support the Countywide land use pattern, support economic activities, mitigate environmental impacts, provide amenities or incentives, and minimize public costs. Amenities or incentives shall be provided to neighborhoods/jurisdictions in which facilities are sited. Facilities must be prioritized, coordinated, planned, and sited through an interjurisdictional process established by the GMPC, or its successor. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-4 FWCP - Chapter Six, Capital Facilities LU29 All jurisdictions shall develop growth-phasing plans consistent with applicable capital facilities plans to maintain an Urban Area served with adequate public facilities and services to meet at least the six-year intermediate household and employment target ranges consistent with LU67 and LU68. These growth phasing plans shall be based on locally adopted definitions, service levels, and financing commitments, consistent with State GMA requirements. The phasing plans for cities shall not extend beyond their potential annexation areas. Interlocal agreements shall be developed that specify the applicable minimum zoning, development standards, impact mitigation, and future annexation for the potential annexation areas. LU30 Where urban services cannot be provided within the next 10 years, jurisdictions should develop policies and regulations to: · Phase and limit development such that planning, siting, density and infrastructure decisions will support future urban development when urban services become available. · Establish a process for converting land to urban densities and uses once services are available. Funding/Financing Typically, cities and the residents they service would like to have higher LOS standards than they can afford. Federal Way has worked hard to provide the highest LOS possible without raising taxes. It is a difficult balance to maintain and the City is currently at a point where it may have to consider raising additional revenues to pay for capital facilities and the associated maintenance and operations costs. If the City decides to generate additional revenues, there are several sources available. Some of these revenues are "on-going" in the sense that the City levies the tax and the revenues are added to the City's general fund on an annual basis. On-going revenues include property taxes, sales taxes, utility taxes, impact fees, and business and occupation taxes. The other category of funds is called "one time" funds because the City cannot count on having these funds available on an annual basis. These funds include bond sales and grants such as, TEA-21, lAC, and Urban Arterial Fund money. On-going funds can be used for either capital facilities or maintenance and operations. However, it is prudent financial management and adopted City policy that one-time funds be used only for capital improvements. As is discussed later in this chapter, the City proposed two bond issues to finance capital facilities in the Fall of 1995. As part of that bond issue, voters were asked to approve a permanent utility tax to pay for the maintenance and operations costs associated with the new capital facilities. Revised 2008 School, Rre, Water, and Sewer Comprehensive Plan Amendment VI-5 FWCP - Chapter Six, Capital Facilities 6.1 SURFACE WATER Inventory of Existing Facilities Natural Systems The Federal Way area consists of two major drainage basins, the Hylebos Creek and Lower Puget Sound. The Hylebos Creek Basin consists of the West Branch Hylebos Creek, East Branch Hylebos Creek, and the Lower Hylebos Creek Sub-Basins. The Lower Puget Sound Basin consists of the North Lower, Central Lower, and South Lower Puget Sound Sub-Basins. Map VI-I (maps are located at the end of the chapter) shows the planning area boundary, and boundaries. Map VI-2 shows the major features of the natural system. The natural systems have been reviewed on a sub-basin level. This sub- basin information is contained in the City's Comprehensive Surface Water Facility Plan. Man-Made System As part of its 1994 Surface Water Facilities Plan, the City completed an inventory of the stormwater drainage trunk system. There are ten major trunk lines in the system, and one can find more details about their capacity and location in the Surface Water Plan. The City has made a significant number of improvements to the man made system since incorporation in 1990. Most of the projects completed to date corrected existing localized flooding problems. As a result of resolving these "spot" problems, the City and its surface water utility have significantly improved the LOS on a system-wide basis. The City has gone to a regional system for detention/retention of surface water. Several regional detention/retention facilities have been, or will be, constructed to handle stormwater runoff. However, individual developments must treat stormwater on site prior to releasing it to the regional system. System Capacity As part of the Surface Water Facilities Plan, the City developed a model of its surface water facilities, including the natural part of the system, the various lakes, streams, and wetlands. This model uses the following design or LOS standards: · 25-year storm conveyance capacity on lateral systems; · 25-year storm conveyance capacity on major trunk systems; · 25-year storm storage capacity in local retention/ detention facilities; and · 100-year storm storage capability in regional retention/detention facilities. Based on these LOS standards and the data on existing facilities, the model helps utility engineers identify deficiencies in the existing system and the most cost effective way to resolve them. The model also allows engineers to describe the new facilities that will be needed in the future to accommodate new growth and development as outlined in the Land Use chapter. Revised 2008 School, Rre, Water, and Sewer Comprehensive Plan Amendment VI-6 FWCP - Chapter Six, Capital Facilities Forecast of Future Needs Based on model results, utility engineers annually update a detailed 10 six-year capital facilities plan. The plan identifies projects, prioritizes them, estimates the cost, and re- examines the utility rate structure to ensure that there is sufficient funding available over the next six years to construct these projects (Table VI-I). Locations and Capacities of Future Facilities Table VI-l includes the surface water facilities project list. For more complete discussion of this list, and maps describing project locations, please refer to Chapter IV of the City's Comprehensive Surface Water Plan. As noted earlier, these projects address existing system deficiencies as well as the new facilities that will be needed to accommodate projected growth. Finance Plan The City has created a surface water utility to manage stormwater drainage, prevent flooding, and improve water quality. The City charges property owners an annual surface water fee, which is based upon the amount of impervious surface on the property. These fees, along with any outside grant monies and low interest loans, provide the revenues that pay for capital facilities projects, and operation and maintenance of its surface water system. As outlined in Table VI-l, projects are scheduled based on anticipated revenues. The capital facilities spreadsheet indicates project scheduling based on available funding and priority ranking. The City annually updates the capital facilities plan for surface water. The Comprehensive Surface Water Plan, which includes the capital facilities plan, is adopted by reference in this plan, including changes made during the City's annual update. 6.2 TRANSPORTATION The GMA requires that local jurisdictions prepare a transportation chapter as part of the Federal Way Comprehensive Plan (FWCP). The GMA also authorizes jurisdictions to assess impact fees for transportation system improvements that are necessary to accommodate the traffic created by the new development. In order to assess impact fees, the capital facilities plan must include the list of transportation improvements and associated costs that necessitate the impact fees. Discussion related to Transportation- related capital facilities can be found in FWCP Chapter 3, Transportation. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI.7 I "V'- - VIIQl-'l'C'l ~IA, VClJIfH11 rCl\.lllllltnS FWCP - Chapter Six, Capital Facilities u ace ater anaeement omlliOnent 2006 2007 2008 2009 2010 2011 2012 Total SWM SOURCES Revenues and Financing Carry Forward from CIP and Operations 7,030,158 6,206.435 5,025,729 3,896,890 3,351,651 2,878,155 968,961 User Fees with GMA Project Growth 3,239,534 3,232,389 3.256.629 3,281,054 3,305,662 3,330,454 3,355,432 46,657,770 Interest Earnings 75,564 171 ,536 152,212 131,901 119,685 90,634 64,086 1,449,806 Transfer In - Street Fund 149,901 149,901 149,901 154,398 159,030 163,801 168,715 2,106,172 Grant Funding 1,093,160 720,000 Subtotal Revenues and Financing 11,588,317 10,480,259 8,584,470 7,464,243 6,936,027 6,463,044 4,557,194 113,867,643 Expenditures - One Time & Debt Service One Time Funding 0 Public Works Trust Fund Loan 203,577 201,754 199,930 198,107 196,283 194,459 192.636 3,757,108 Subtotal Expenditures 203,577 201,754 199,930 198,107 196,283 194,459 192,636 3,757,108 Available Revenue 11,384,739 10,278,505 8,384,540 7,266,137 6,739,744 6,268,584 4,364,559 110,110,535 Total Required Sources 5,254,682 5,454,530 4,687,580 4,112,593 4,057,873 5,494,083 3,859,339 59,421,2!17 SWM USES Maintenance and Operations Current 2,540,016 2,576,016 2,578,016 2,664,432 2,753,752 2,846,074 2,941,500 36,895,119 Subtotal Maintenance and Operations 2,540,016 2,576,016 2,578,016 2,664,432 2,753,752 2,846,074 2,941,500 36,895,119 Annual Programs 111 Fund 221,744 200,000 207,000 214,245 221,744 229,505 237,537 2,809,041 Subtotal Annual Programs 221,744 200,000 207,000 214,245 221,744 229,505 237,537 2,809,041 Capital Project List SPJ3-CIP-Ol: Joe Creek Regional 1,542,391 1,946,489 Detention Pond SPJ2-CIP-02: Lake Jeane Outlet 125,000 430,000 555,000 Control Structure SPJ2-CIP-02: Lake Lorene Outlet 95,000 295,000 390,000 Control Structure S 373'd Bridge Replacement Project 160,000 661,760 910,000 SPJ4-CIP-0 I: SW 325m St 150,000 150,000 CulvertfTrunk Replacement SPlJ-CIP-02: Lower Joes Creek 323,678 1,898,373 2,222,051 Channel Restoration SPLS-CIP-02: SW 3320d St Trunk 200,000 635,000 835,000 Replacement CPR6-CIP-Ol: S 308m St Lateral 60,000 105,000 165,000 Drainage Intercept SPM3-CIP-02: East 15-Inch Lateral 211,953 248,092 Detention WHI2-CIP-02: S 316'h PI Detention 88,188 517,223 605,411 Table VIal City of Federal Way Facilities Plan Srf W M C Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-8 FWCP - Chapter Six, Capital Facilities 2006 2007 2008 2009 2010 2011 2012 Total Facility WH07-CIP-02: 1" Way STrunk 97,634 572,621 670,255 Replacement CPR6-CIP-02: Outlet Channel 50,000 130,000 180,000 Modification WHI5-CIP-02: 21" Ave SW Detention 60,615 355,506 416,121 Facility WHII-CIP-04: Low Flow 45,193 265,056 310,249 DiversionlInfiltration Trench W Hylebos Channel Riparian Habitat 400,000 720,000 1,120,000 Easement Acquisition 10th Ave S Drainage Improvement 55,000 375,000 430,000 S 336th and 348th Ave S Drainage 25,000 120,000 145,000 Improvement SR 99 Phase III Cost Share 150.000 150,000 6.3 PARKS AND RECREATION Inventory of Existing Facilities The City of Federal Way adopted the first Park, Recreation, and Open Space Comprehensive Plan in December of 1991. The City updated the Plan in 1995,2000, and 2006. This plan, which is now called the Parks, Recreation, and Open Space Plan, is incorporated by reference. The planning area of the 2000 and 2006 Parks Plans are based only on the City limits of Federal Way, although the Potential Annexation Area (PAA) is inventoried and discussed. As in previous plans, the Parks Plan has been subdivided into subareas, referred to as Parks Plan Planning Areas (Map VI-3), for purposes of long- range planning. The 2006 Parks Plan updates the inventory to include new parb and properties added to the City's system. In addition to City-owned parks and open space, the Parks Plan also lists school district, state, and county facilities, as well as private recreation facilities. Map VI-4 depicts the location of major parks and open space within the Federal Way planning area. Table VI-2 summarizes this inventory as of June 2006. Su Table VI-2 fE.. C" P k d R f A as mmary 0 xlstme Ity ar -an ecrea IOn re DEVELOPED PARK LAND CATEGORIES ACRES 14 Neighborhood Parks 156.4 5 Community Parks 222.3 o Regional Parks 0.0 4.2 mi Trails Acreage 118.0 4 Park Facilities Acreage 25.8 Total Developed Park Land 522.5 Total Undeveloped Park Land 543.5 Total Park Land in Federal Way 1066.0 Revised 2008 School, Rre, Water, and Sewer Comprehensive Plan Amendment VI-9 FWCP - Chapter Six, Capital Facilities When the City incorporated in 1990, there were approximately eight acres of parkland available per 1,000 population in Federal Way. Since that time, the City has purchased additional property and developed new facilities. These include the Lake Killamey Open Space Park, Heritage Woods Neighborhood Park, Wedgewood Neighborhood Park, BPA Trail I, II, and III, Madrona Park, Cedar Grove Park, Klahanee Lake Community Senior Center, Dumas Bay Centre, Celebration Park, Steel Lake Annex facilities, and the Community Center, which opened March 2007. In 2004, Washington State Parks transferred West Hylebos Wetlands Park to the City. King County has also transferred several properties to the City in the last six years. These parks and facilities are described in greater detail in the Parks Plan. As of 2006, the City is providing 10.9 acres of park land per 1,000 population. The City's goal is to maintain a level of service of 10.9 as Federal Way grows in population and size. In the past, the City has obtained land through plat dedication. The City is also now considering a Park Impact Fee to provide funds for parks acquisition and development. In addition to acquiring and developing new facilities, the City has taken administrative actions to take advantage of other available public recreational facilities. The City enacted interlocal agreements with the School District to jointly operate and maintain school recreational facilities. As a result, the City jointly operates and maintains a major community park in conjunction with Saghalie Middle School. Also, the City has agreements to provide recreational programs and schedule play fields at several elementary schools, in addition to middle schools. These facilities are now formally available nights and weekends, year around for use by local residents. As referenced above, City residents now have access to 10.9 acres of parks and open space per 1,000 population. This inventory includes City owned parks and open space within the City limits. The City currently provides 1066 acres of parkland, which the City maintains and operates. Of the total 1066 acres, 522.5 acres is developed for recreational use areas and 543.5 acres is undeveloped. Note: Washington State Parks has a regional park facility within the City limits, which residents often use. Dash Point State Park is 230 acres of state land, which provides a regional (statewide) recreation use for camping, swimming, picnicking, walking trails, and beachfront. The state park land is not included in the City's LOS simply because the state owns, operates, and maintains this facility. For the purposes of parks planning, the recommended LOS standard in the City's Parks Plan and this Capital Facilities chapter is 10.9 acres of City owned parkland per 1,000 population. Forecast of Future Needs The 2006 Parks Plan states that the inventory of public park and open space land will be adequate to serve both the current and future projected population within the City and PAA. However, much of this acreage is un-programmed, undeveloped open space. The primary deficiency, both now and projected, is in improved trails. Revised 2008 School, Rre, Water, and Sewer Comprehensive Plan Amendment VI-10 FWCP - Chapter Six, Capital Facilities The updated Parks Plan makes recommendations based on five Core Values identified through an extensive planning process. Four of these relate to capital facilities and include: Core Value #1: Improve Existing Facilities and Provide Multiple Functions in Parks Core Value #2: Develop a Walking and Biking Community Through an Integrated Trail and Sidewalk Network Core Value #3: Retain and Improve Our Open Spaces Core Value #4: Create Community Gathering Place and Destinations Capital facilities that respond to these Core Values have been incorporated into the Six- Year CIP. Some of the major efforts planned for this six year period include: · Design and redevelopment of Lakota and Sacajawea Parks · Acquisition of Camp Kilworth and associated site improvements to allow public access · Introduction of community gathering spaces in neighborhood parks · Site and building assessments for Dumas Bay Centre · Trail and Pedestrian improvements · Upgrade Saghalie Park soccer field to artificial turf In addition, the City completed a cultural arts survey in 1994. The survey evaluated several alternatives fora performing arts center and concluded that at some time in the near future, the City would need such a facility with a capacity of about 1,000 seats. The City has converted a portion of Dumas Bay Centre into the Knutzen Family Theatre, a 250-seat civic theater facility. This facility will begin to fulfill the identified community need for a performing arts center. Locations & Capacities of Future Facilities Map VI-4 indicates the location of the parks, recreation facilities, and open space subareas the City will need to maintain the adopted LOS. The Parks Plan breaks the planning area into subareas and addresses future facilities at the subarea level. For more details about the type, size, and cost of these new facilities, please refer to the 2006 Parks Plan. Map VI-4A shows potential locations of public spaces in the City Center. Finance Plan Table VI-3 (Parks Six-Year Capital Improvements Plan, 2006-2012) describes the proposed parks projects that will be needed between now and the year 2012, together with cost estimates programmed by year. Table VI-3 also identifies the revenues that will be available during the same time period to finance these new facilities. Please refer to Chapter 7, "Implementation," of the 2006 City of Federal Way Parks, Recreation, and Open Space Plan for information on the finance plan. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-11 FWCP - Chapter Six, Capital Facilities The City biennially updates its Parks & Recreation Capital Improvement Plan. These updates reflect new project priorities, eliminate projects that have been completed, and add new projects to the program. SourcesfUses 2007 2008 2009 2010 2011 2012 Total Real Estate Excise Tax 1,007 344 460 510 507 421 2292 Misc. Transfers 21 21 Grants/Anticipated 810 500 1,000 2,310 Grants/Contributions Received Mitigation Funds Received 110 110 General Fund 0 Total Financing Sources 1,533 344 320 870 385 1,281 4,733 Park Projects Playground 134 134 136 136 137 138 815 BMX/Bike Facility 15 15 Camp Kilworth - ACQ. & Imp'ts 1,550 1,100 800 3,450 Community Gathering Spaces 30 37 108 112 1I2 126 525 Downtown Public Space 100 100 Dumas Bay Centre: Building 33 193 140 140 140 140 786 Dumas Bay Centre: Site Restor. 137 Lakota Park Design & Redev. 723 11,000 lI,723 Maior Maintenance - Park Faci!. 110 1I0 110 110 1I0 1I0 660 Panther Lake Duen Soace 24 68 92 Poverty Bay Master Plan 41 41 Saghalie Pk Soccer Ad - Artif Turf 920 920 Trail & Ped Access Imp'ts 40 130 78 65 67 70 450 West Hvlebos Boardwalk 1,365 1,365 Subtotal (G) 4,736 1,704 2,256 11,672 1,513 9,003 30.884 Unfunded EndinJ! BaLance 0 0 (877) (10,669) (988) (7,582) (20,116) Table VI-3 Parks Six-Year Capital Improvements Plan, 2007-2012 (in thousands) 6.4 Community Facilities Significant community investments have been made in the last 10 years to implement the community's vision for Federal Way. In addition to the investments in the surface water, transportation, and parks areas, the City also acquired and improved a basic set of community facilities to house City operations and provide space for community gatherings and recreation. The City acquired Klahanee Lake Community/Senior Center (KLCC), and Dumas Bay Centre (a conference and retreat facility) in 1993. Strong local support in community recreation and arts activities translated into the City Council's adoption of a 2% For the Arts ordinance to provide funding for arts in public places in 1994, and the construction of the 254-seat Knutzen Family Theatre in 1998. The new City Hall, which consolidates Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-12 FWCP - Chapter Six, Capital Facilities most City administrative offices, Public Safety, and the Municipal Court in one facility, was acquired in 2003. Also in 2003, King County divested itself of community swimming pools constructed with 1970 era Forward Thrust funds. The City assumed the operations of Kenneth Jones Pool (KJP) as a result. The City began construction of a new 72,000 square foot Community Center in fall 2005. Construction was completed in early 2007. The facility houses Recreation and Cultural Services staff, and includes athletic and community facilities suitable for a wide variety of events and programs. The facility will replace the KLCC and KJP operations. KLCC was surplused and sold in 2005 and leased back until the new center opened. The KJP facility will be returned to the Federal Way School District, who owns the underlying property. Inventory of Existing Facilities As of January 2007, the City owns or occupies a number of facilities, as shown in Table VI-4 and Map VI-5. Projected Community Needs The City has identified a number of facilities to help deliver services more efficiently and adjust to the changing demographics of this community in the future. These projected needs are beyond the City's ability to fund within the six-year planning horizon. However, in order to keep the community's vision alive, we purposely did not exclude any of these community projects. The City Council will periodically review and prioritize these projects and provide funding when available. A description of these facilities with a summary list is provided in Table VI-5. Table VI-4 Summary of Existing Community Facilities Building Name Own! Use Sq. ft/Occupancy Leased City Hall Own City operations not otherwise listed 88,085/approximately 300 FIE and Council Chamber Police Evidence Own Police evidence room 6,000/2 FIE Klahanee Community/ Leased Community recreation and recreation 11,200/13 FIE, gym, kitchen, etc. Senior Center operations Kenneth Jones Pool Leased Community pool Federal Way Community Own Community recreation center with 72,000/13 regular FIE and Center gym, pools, senior lounge, pre-school, approximately 20 part-time temporary and educational classrooms and personnel multipurpose room with kitchen. Opened in 2007 Recreation staff offices. Steel Lake Annex Own Daycare, arts and crafts programs 1,1611program only Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-13 FWCP - Chapter Six, Capital Facilities Building Name Own! Leased Use Sq. It/Occupancy Steel Lake Maintenance Shop Own Maintenance operations, outdoor equipment and material storage Dumas Bay Center (DBC) Own Public park, meetinglbanquet/ overnight lodging 254 seats perfonning arts theatre and rehearsal hall Knutzen Family Theater (at DBC) Own Miscellaneous Outdoor Storage Miscellaneous Indoor Storage Leased Street maintenance material and park equipment storage Leased Spare office equipment/facility parts/records 4,110 office and maintenance bay/32 FTE approximately 90 sq ft storage' yard and approximately additional 1.5 acres available for future expansion 6 meeting rooms, 70 overnight rooms, 12 acre park ground 10,000 material storage 2,000 equipment storage 260 sf. ft. 2,160 cubic ft boxes stored offsite in a document storage facility Table' VI-S Projected Community Facility Needs 2007 - 2013 Type of Facility Year Size Cost (sf) (millions) I. Indoor Competitive Sports Facility 2015 75,000 $10-$12 2. Perfonning Arts Centre 2015 50,000 $35 - $40 3. Maintenance Facility 2009 120,000 yard $1.0 6,500 office 4. Public Parking Facilities 2010 200 - 400 stalls $5 to $10 TOTAL $51 - $63 Municipal Facility (General Government, Police, and Court Operations) The City acquired the current City Hall in 2003 and consolidated its police, court, and general governmental operations under one roof. About 10 percent or 8,000 of the total 88,500 square feet of space in this building is currently available for future expansions. In addition to the City Hall parcel, the City also acquired two vacant lots to the north which is the location of the Police Evidence facility and overflow parking for the City Hall/ Municipal Court. The City Council is considering presenting the annexation ballot measure to our Potential Annexation Area voters in the fall of 2007. If approved, it would add an estimated 20,152 people and approximately 7.6 square miles to the City's service area. This is an increase of 23 percent in population and 36 percent in land area. These increases would again place pressure on the current City Hall capacity and would require the expansion of the existing maintenance facility, as discussed below. Revised 2008 School, Rre, Water, and Sewer Comprehensive Plan Amendment VI-14 FWCP - Chapter Six, Capital Facilities Maintenance Facility The Parks and Public Works maintenance facility is located at 31132 28th Avenue South. The entire site is approximately 1.4 acres, with 1,060 square feet of office space and a 61,000 square foot fenced storage yard. The City acquired two adjacent parcels, for a total of 2.25 acres, to the north of the facility in 2003. Today, the maintenance facility contains around 3,500 square feet of office space and 90,000 in fenced storage space, with an additional 1.5 acres of land area available for future expansions. Parks Maintenance operates seven days a week, two shifts per day. The space needed for the maintenance operations includes a front counter/reception area, crew quarters (including an area for daily time cards, breaks, and crew meetings/training, etc.), as well as a locker room. Public Works streets and surface water maintenance operations have similar needs for office space; operating Monday through Friday, year round, one shift per day. Both Parks and Public Works maintenance operations tend to intensify during the summer months and require up to 15 part-time, seasonal workers at any given time. The potential annexation would require an anticipated eight regular FIE and eight FIE in seasonal help, plus proportional vehicle and equipment increases. This increase would require the City to expand the maintenance office area by 2,000 to 3,000 square feet, and maintenance yard by 30,000 to 45,000 square feet. The current site would accommodate the projected space needs. Should the City proceed with the South 312th Avenue extension and 1-5 Access Ramp Addition Project, it is anticipated that the site would be significantly affected by the right-of-way needs and may not be sufficient to meet the above needs. Maintenance Facility Recommendation · 6,500 square feet for office space, accompanied by a 120,000 square foot storage yard · Three to five acre site (the existing site is approximately four acres, which is deemed sufficient) · Development cost is estimated at $1 million Conference/Performing Arts Center In 1994, the City of Federal Way, through the Arts Commission, asked AMS Planning and Research to conduct a feasibility study of a cultural arts facility to serve the City. Under the guidance of a 27-member steering committee, AMS conducted a survey of local arts organizations, analysis of existing cultural and meeting facilities, market research with residents of the City and surrounding communities, interviews with key community leaders representing government and business, and meetings and workshops with the steering committee, all of whom provided base information. The study recommended a performing arts center to seat 1,000 patrons and a visual arts gallery. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-15 ~W\;t' - \;napter t;rx, \;apilal ~acilitles FWCP - Chapter Six, Capital Facilities The performing arts center proposed in this study included design criteria that incorporated multi-level seating to accommodate as many as 500 - 600 people on an orchestra level, while still achieving intimacy for audiences. The construction cost for a performing arts theater was estimated in the 1994 report to be between $190 - $240 per square foot. Adjusted to 2007, the per square foot cost can easily be $400 - $500, or $25 to $30 million for construction. Site requirements called for a minimum of five acres; two acres for the facility and three acres to provide for surface parking and to meet additional code requirements. Alternatively, two to two and a half acres would be needed if structured parking is used. The additional cost for structured parking would be $5 to $8 million. Based on these assumptions, the full developmental cost is expected to be $35 to $40 million. Maintenance and operation costs for a facility of this size were estimated to be $750,000 per year. Projected revenues (using a 171 event day schedule) was $390,000, leaving a net operating cost of $360,000 to be generated through fundraising or an operating endowment. Conference/Performing Arts Facility Recommendation · 50,000 square foot facility · Two-acre site · $35 - $40 million Multipurpose Competitive Sports Center The City of Federal Way enacted a 1 % lodging tax and formed the Lodging Tax Advisory Committee (LTAC) in 1999 to promote and enhance the local tourism industry. The committee has commissioned a feasibility study for an indoor competitive sports facility that will increase visitors' stay in local hotels and complement the Aquatic Center and Celebration Park, two other regional/national amateur sports facilities in the City. A number of development concepts have been considered, one of which is a facility for basketball and volleyball tournaments with an athletic club for training/conditioning to generate on-going usage and revenue. One of the considerations for such a facility would be its ability to be financially self-sustaining. It would also ideally be developed and operated by the private sector, with minimum or no public participation. Conference/Performing Arts Facility Recommendation · 75,000 square foot facility · Five-acre site · $10 - $12 million development and construction only, to be funded by private developer Revised 2008 Schoof, Fire, Water, and Sewer Comprehensive Plan Amendment VI-16 FWCP - Chapter Six, Capital Facilities Public Parking Facility The existing city center development is currently near or at capacity with the required surface parking to business-space ratio. To intensify the development, such as the multi- story mixed-use developments envisioned by the community, additional parking space will be needed. These additional parking spaces would most likely be achieved through structured parking, consistent with the multi-story mixed-use business space. These structured parking facilities are likely needed in order for each of the super-blocks to regain grounds for redevelopment. With the construction cost of structured parking at a premium when compared to land cost, some public/private partnership would likely be needed for them to be financially feasible. The partnership may be in various forms, but the essence is consistent that public funds are invested to secure certain amount of parking spaces in an otherwise private-business parking facility. Public Parking Facility Recommendation · 200 to 400 designated public parking spaces in conjunction with privately developed parking structures for redevelopment projects located within the City Center · Between $5 - $10 million total. Investments will vary depending on the need and type of redevelopment projects at each location. City funding sources would be a combination of the City's economic development incentive fund and other state and federal economic development, and/or infrastructure funding sources. Financing Plan It is desirable to have all theses facilities in the community as soon as possible. However, unless they are funded with private or voter-approved funding sources, the City's projected revenues will not support either the development or the required operating and on-going maintenance of these facilities. The financing of maintenance facility improvements is likely to be financed with contribution from King County for the proposed annexation. Other additional future facility additions would depend on future voter approval to raise additional capital and maintenance funds. The City updates its capital improvements program every other year in conjunction with its biennial budget process. These updates will reflect new project priorities and funding availability. 6.4.1 SCHOOL FACILITIES This section summarizes information in the Federal Way School District No. 210, ~ 2008 Capital Facilities Plan (School Plan) and adopts the School Plan by reference. This plan covers the entire Federal Way School District which includes the City of Federal Revised 2008 School, Rre, Water, and Sewer Comprehensive Plan Amendment VI.17 FWCP - Chapter Six. Capital Facilities Way, portions of the incorporated City of Kent, City of Des Moines, City of Auburn, and unincorporated areas of King County to the east of Interstate 5. The district provides educational programs to all students who live in the school district service area, whether they live in Federal Way, Kent, Des Moines, Auburn, or unincorporated King County. A school outside the Federal Way City limits may provide service to students who live within the City limits and vice versa. Inventory of Existing Facilities Map VI-6 shows the location of every school in the district. Table VI-6 summarizes the district's student capacity. The district has sufficient capacity in the existing schools and portable buildings to house all of the students in the district. Program Capacity The school district has established a Standard of Service, similar to LOS, for itself, which it calls "program capacity." The district's program capacity is based on: 1) the number of students per classroom; 2) the number of classrooms per school; 3) the number of classes that can be held in each classroom per day; and 4) other operational conditions. ummary 0 XIS 109 aCI lies apacI les CAP....CITY 2001 20It ~ JOOl) 2mo ~ ~ AetuaI BlemeRtary Ssllael ~ ~ 9,Wl) 9;4+4- 9;4+4- 9;4+4- 9;4+4- Middle Sellael ~ ~ ~ ~ ~ ~ ~ Seeiar .Higll ~ ~ &,.l# ~ &,.l# ~ ~ ~ ~ U;l&9 ~ ~ ~ ~ ~ .. .. S Table VI-6 f E . t' F Tt' C "f * "'NO-Te: These eapaslhes are far balldlRgs BRI) aAa de Ret lRehuie peFlal:lle elassoo891s. These aapaelH8s &Fe ba5ed sa tlte ftl8.XIRNm ase Bftke ~nlllamgs. CAPACITY 2008 2009 2010 2011 2012 2013 2014 Actual Elementarv School 8.495 8.495 8.495 8.595 8.695 8.695 8.695 Middle School 5.818 5.818 5.818 5.818 5.818 5.818 5.818 Senior High 5.969 5.969 5.969 5.969 5.969 5.969 5.969 TOTAL 20.282 20.282 20.282 20.382 20.482 20.482 20.482 "'NOTE: These caoacilies are for buildimrs only and do not include oortable classrooms These caoacities are based on the maximum use of the buildinQ's. Program capacity assumes that the average class will serve the following numbers of students: Revised 2008 School, Fire. Water. and Sewer Comprehensive Plan Amendment VI-18 FWCP - Chapter Six, Capital Facilities Grade K-2 20 Students per classroom Grades 3-5 25 Students per classroom Grades 6-12 26 Students per classroom GATE * 25 StadeBts per elassroom Special Education 12 Students per classroom Portables 25 Students per classroom IEP** 15 Sall,leBts per elassroom * G.\ TE is tile GifteEi aREi TllleRtea BSlIeatisft ]'lfegram ** IEP are tRe mEiiviallal ealleatisa PmgFams The school district uses portables at many school sites as an interim measure to house new students until permanent facilities can be built. There are other administrative measures that the school district could use to increase school capacity. These measures may include double shifting, modified school calendar, and year-round schooling. These measures have been used in the district on a limited basis, but not district wide. Forecast of Future Needs - Student Forecasts The school district's Business Services Department prepares a forecast of student enrollment annually. Projections are detailed at various levels; district total, school- building totals, and grade level totals. Special populations such as vocational students, special education students, and English as Second Language students are also included in the forecast. The basis for projections has been cohort survival analysis. Cohort survival is the analysis of a group that has a common statistical value (grade level) as it progresses through time. In a stable population, the cohort would be 1.00 for all grades. This analysis uses historical information to develop averages and project the averages forward. The district uses this method with varying years of history and weighting factors to study several projections. Because transfers in and out of school system are common, student migration is factored into the analysis as it increases or decreases survival rates. Entry grades (kindergarten) are a unique problem in cohort analysis. The district collects information on birth rates within the district's census tracts and treats these statistics as a cohort of kindergarten for the appropriate enrollment years. Long-range projections that establish the need for facilities are a modification of the cohort survival method. The cohort method becomes less reliable the farther out the projections are made. The school district study of long-range projections includes information from jurisdictional planners and demographers as they project future housing and population in the region. Table VI-7 describes increased enrollment through the year ~ 2014. It shows that the school district's student population will grow steadily every year with the highest growth in elementary. The district has compared existing school capacity with growth forecasts. New construction, modernization and expansion, and additional portable purchases will mitigate the deficit in permanent capacity for the next six years. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-19 FWCP - Chapter Six. Capital Facilities ENROLLMENT (ITE) ~ ~ 2009 29l() 20H 20U 20Y AOOIaI el61R6R tacy 9;GH 9,H4 ~ ~ ~ ~ ~ HiElElle Seheel ~ 4;'m ~ 4;949 ~ ~ ~ SeRi0r High 9iW& +-M+ 9;98& ~ ~ ~ ~ ~ U;04() ~ ~ ~ ~ ~ ~ Table VI-7 Federal Way School District Student Forecast ENROLLMENT (FTE) 2008 2009 2010 2011 2012 2013 2014 Budl!et Elementary 9.025 8.976 9.006 9.054 9.113 9.208 9.312 Middle School 5.162 5.091 5.119 5.120 5.085 5.037 5.011 Senior High 6.880 7.012 6.985 6.797 6.749 6.725 6.729 TOTAL 21.067 21.079 21.110 20.971 20.974 20.970 21.052 Location of New and Improved School Facilities The district presented a bond for voter approval on May 15, 2007, which was approved. The bond will be used to replace four elementary schools (Lakeland, Panther Lake, Sunnycrest, and Valhalla) and one middle school (Lakota). The Transportation, Nutrition Services, and Maintenance departments would also be replaced. Additionally, district wide upgrades to 24 other schools and district facilities will be paid for with the bond. Existing schools are identified in Map VI-6. Finance Plan Table VI-8 describes the school district's six-year finance plan to support the school construction. The table identifies $8,9(58,301 $7,833,686 available from secure funding sources and an additional $ 172,€i<l0,000 $123,940,000 anticipated from other funding sources between ~ 2008 and ~ 2014. These funds will cover the $158,000,000 $104,386,946 in planned project costs to the year ~ 2014. The School Plan states that state matching funds and impact mitigation fees, if realized, will be used to decrease the need for future bonds or will be used on additional capital fund projects. The School Plan currently covers the years 20062013 2008-2014. The School Plan and accompanying six-year finance plan will be updated annually by the school district. This will bring the plan into full compliance with GMA requirements. Revised 2008 School. Rre. Water. and Sewer Comprehensive Plan Amendment VI.20 lUll. nUl = I ell j i j i is: <I.l .~ := '0 ell ~ (; .... 's. ell = U ell 0Cl1iS: OOQ~ Q t"j ~~= ~iell ~ .S - ~ >t:l <I.l r.. ~-ell o ~ ,g> t"j ~ en .... .S:! en ::c = ~ .... ell ~ (; r.. ~ 't:l ~ ~ I '" ~ 'u '" LL ]i 'is. '" U x en Q; Ci. '" .<: U I "- u it nn 11.1 l II 1 I 11 Ii I ~ i ~ a UUUI r~~1I !; ~ il ~I ! I n I I:" il 1:- r~ ~ i ~I Ie' . " ~" I ~ ~ It" " " ( Il ~i """ " " " H "I," " " " 11 I . il "I( "I ~ " I; II i II H i I" I , . . ; I' . . j c:;; :> c Q) E '0 c: Q) E <( c: '" 0:: Q) > .;;; c: Q) .<: Q) 5. E o u Q; ~ en '0 c: '" ..: $ '" :;: l!f u:: ~ ~ 8 '" '0 5l .~ cr: i . . I ........ U> ~ .~ u.. ]! '5. as U x en Q; 0. as .J: U I "- U ~ '" <l.l ... E :a t:: <l.l >< W "'0 ~ t:: "" s: ] "" ";j ::l t) ~ '8 .J: (.) en 8 ON ." Q) U> .~ a: ~ s: ! u -; ~ I I . '" '" '" ID 8 '" Ql) '" '" '" '" ID C> '0 on on '0 .., 8 ~I~ ~ ~ ~ ~~ '" N .., on '" Ql) '" N ~ ~ \0 :! I~ ~ IZ; fI.I - -0 l""'f 'I:t ... ~ c: CJ " " _ tt [..I... 5 ~ ~ CIl . '" .5~ ...J I N ~~ .~ 'Iii u..;:E 'C " c: - o S lIl'" 1~1r: I~ c ~I~ ~ ~I~I~ ~ ~ ~~<I o lS ~I~ a t) E-<CIl""::~1 f! 0 ..... CI) "'0 a - a ...J III <l.l ::l t:: <l.l > <l.l et: "'0 ~ () <l.l o ... IJ. ... 0:> .... ~~ ~~ 8 g~ '" 0:> ;:\ c Q) E ." c:: Q) E < c:: ctl c:: Q) > 'i); c:: Q) .J: Q) a E o u Q) ~ Q) en ." c:: as .i as 3: l!! i.i: FWCP - Chapter Six. Capital Facilities 6.4.2 WATER SYSTEMS This section summarizes the Lakehaven Utility District's +99& 2006 Comprehensive Water System Plan (Water Plan, incorporated in full by reference) while providing up-to- date information where warranted. Map VI-7 shows Lakehaven Utility District's (hereinafter referred to as "the District" in this section) water service area boundary. Other purveyors provide water to portions of the District's corporate area. The Tacoma Public Utilities, for example, serves an area on the west side of the District's corporate area and the:Highline Water District serves a small portion of the north side of the District's corporate area (Map VI-B). The City of Milton serves a small area on the south side of the District's corporate area that is within the City of Milton limits. Areas on the east side of 1-5 within the City limits of Auburn and Pacific are also provided water service by the Districtby agreemeBt '.vita the cities. These areas are at a higher elevation than the valley cities can cost effectively serve. Inventory of Existing Facilities The locations of the District's wells, storage, and other major components of the distribution system are provided in the Water Plan. The water system includes approximately 450 miles of water main, 24 production wells, and 12 storage tanks. The average annual daily demand in ~ 2007 was about ~ 10.54 million gallons:per: day (MDG). The facilities are described in the following sections. Groundwater Resources The District's existing groundwater sources originate from four aquifer systems: the Redondo-Milton Channel Aquifer; Mirror Lake Aquifer; Easter Upland Aquifer; and the Federal Way Deep Aquifer. The Water Plan estimates that the combined production limit for these aquifers on an average-annual basis is 12.3 MGD during average precipitation, and 8.7 MGD during a simulated lO-year drought. The current peak-day combined pumping capacity is 27.8 MGD, assuming the District's largest production well, Well lOA (2,650 gpm), is out of service. Second Supply Project The District participates in the Second Supply Project (SSP, aka Tacoma's Pipeline No. 5). The District is accessing the pipeline at three flow control facilities provided at strategic locations along its route through greater Federal Way. These facilities allow the District to receive water from and send water to the Second Supply Project (SSP). These facilities together add an average +-:8 7.6 MGD to the District's water supply, depending upon the availability of water from the Green River. Water available from the SSP is conditioned upon adequate in-stream flows in the Green River. Water Quality Historically Prior to 2000, the District has not had to treat its water supplies to meet regulatory requirements before distribution to its customers. However, the District began Revised 2008 School. Fire, Water, and Sewer Comprehensive Plan Amendment VI.23 FWCP - Chapter Six, Capital Facilities a chlorination and corrosion control treatment program in July 2001 for all of its groundwater and other sources of supply to meet newer regulations. The district's status with respect to regulated drinking water contaminants covered by the WAC 246-290 and anticipated water quality regulations is summarized in Section 1O~ "Water Quality," of the Water Plan. Regulations that are prompting treatment of the District's groundwater supplies are the Lead and Copper Rule, the anticipated Ground Water Rule, and the Surface Water Treatment Rule, due to the floteatial for iaereased distribution of surface water obtained from Tacoma's (or other I:ltilities') system(s) throagh01:1t the Distriet's aistri1:mtioa system the SSP. The District has also installed water treatment systems at Well Sites 9, 17/17A/17B, 19/19A, 20/20A,.ll. 22122A/22B, 23123A, and 29 that remove iron, manganese, and other impurities from the groundwater. Storage Facilities According to the Water Plan, storage facilities will remain adequate through the planning period. For the storage analysis, extended-period simulation modeling was conducted to evaluate the storage draw-down during fire flow events and to evaluate storage equalization during multiple-day periods of maximum-day demand conditions. The storage analysis model was conducted using the "Backup Power Approach," which is summarized in Section 9, "Svstem Analvsis," of the Water Plan. The District has installed an emergency power system at its WelllO/10A Site, and is ia the process of has install~d emergency power systems at its Well 17/17A/17B, and 19/19A, aHa Well 25 sites to preclude the need for new storage facilities. Water Conservation Measures The District is committed to implementing aggressive water conservation measures to reduce per capita water consumption. These indude programs such as public information campaigns, including block water rate structure to reduce peak day consumption, winter- summer water rate adjustments to reduce summer consumption, and a "wet-month average" sewer rate structure. The District is also working with the City to introduce water conservation measures by amending the zoning and building codes. These measures include a requirement for low flow showerheads and toilets, utilizing species for landscaping with reduced irrigation needs, and use of reclaimed water for irrigation. TransmissionlDistribution System The results of computer modeling have found the transmission and distribution pipeline network to be very robust. Of particular note is that the fire insurance rating for South King Fire and Rescue improved from Class 3 to Class 2 in 2004. The majority of the District is served by this fire agency. Forty percent of the score for the rating process is based upon available water supply. This rating improvement is a significant accomplishment, as the new classification is on par with the rating held in Seattle and Bellevue, the only other departments to hold a C1ass2 rating (no fire agency in Washington holds a Class 1 rating). The pipeline network is continuing to be expanded through developer extension projects undertaken by land development activity. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-24 FWCP - Chapter Six, Capital Facilities Emergency Interties EmergeNcy The District has eight emergency interties tHe District's water system with adjoining systems of other utilities. Emergency interties allow the District to buy or sell water with adjoining utilities in an emergency and provide5 enhanced system reliability. The District has three emergency interties with the City of Tacoma's water system, three emergency interties with Highline Water District's water systems, aR6 one emergency intertie with the City of Milton's water system. and one emergency intertie with the City of Auburn. Forecast of Future Needs The Water Plan estimates future need by analyzing existing water demand (measured consumption plus unaccounted-for/non-revenue water loss) patterns on a daily, seasonal, and yearly basis. The District breaks down the water demand values on an "equivalent residential unit" (ERU) basis, which is essentially the amount of water used by an "average" family residing in an "average" single family residence situated within the District's water service area, if used uniformly over the year. The seven-year District- wide average of measured unit consumption between 1999 and 2005 was 234.41 gallons per day per ERU. When including the unaccounted-for/non-revenue water loss component, the District-wide average day demand becomes about 255 gallons per day per ERU. Population and employment growth projections converted to ERU's are then utilized to estimate future water demands. Utilizing a conservative methodology that disregards the impact of the District's water conservation efforts, the Water Plan estimates average day demands will increase from ~ 10.56 MGD in ~ 2010, to ~ 11.90 MOD in 2012, and to ~ 13.76 MGD in 2025. Expanded and Improved Facilities The District has programmed a number of system improvements to maintain and expand the existing water system. These improvements are summarized below. Groundwater Resources The District is drilling and developing an additional production well (Well No. 33) to perfect its '.vater rights be added to the Well 19 water right permit. The District is continuing to pursue its OASIS project (Optimization of Aquifer Storage for Increased Supply) proiect, under the ASR concept (Aquifer Storage and Recovery) concept. The OASIS feasibility study determined that the Mirror Lake Aquifer can be used to store up to approximately 9.4 billion gallons of water filled over the winter from excess water supply and withdrawn over the drier summer months for water supply purposes. Combining funding from its wastewater utility, the District is also pursuing its Water ReuseIReclamation Project Program, utilizing wastewater suitably treated at the Lakota Wastewater Treatment Plant, conveyed through a separate pipeline system, and utilized for beneficial purposes, such as augmenting groundwater supplies. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-25 FWCP - Chapter Six, Capital Facilities Second Supply Pipeline Improvements are being implemented to the Howard Hanson DaIlH)n the Green River that will expand storage behind it, which will help mitigate the seasonal variation in available water by increasing in-stream flows during the drier parts of the year. Water Quality Filtration is planned for the Green River water conveyed by the Second Supply Project in the future in coordination with the SSP partners. The District has plans to install watef one additional treatment systems at the Well Sites lOC, site 17117.^J17B, aRa 21 to remove iron, manganese, and other impurities from the groundwater. TransmissionlDistribution System Minor improvements to the transmission and distribution pipeline network are recommended in the Water Plan, such as a new transmission main in the Adelaide and Lake Grove neighborhoods to convey water more efficiently to nearby storage facilities. The District has also developed a design feasibility report for the OASIS 538-578 Pressure Zone Transmission Main Proiect. This proiect would improve the local supply capabilities from Pressure Zone 538 to Pressure Zone 578. Significant investments are also contemplated to relocate existing pipelines that will conflict with infrastructure resulting from street improvement projects undertaken by other agellcies within the District's water service area. Finance Plan A utility undertakes a capital program for many different reasons, including: expanding the capacity of its systems, maintaining the integrity of existing systems, and addressing regulatory requirements. The District is required to comply with its own Water Plan and to support regional decisions on population growth and land use. The District has identified several significant capital improvement projects in its Water Plan. The scheduling of these projects is included in the District's most recent Capital Improvement Program (CIP) that is developed and approved annually. The District has access to sufficient funds that can be utilized for operation and maintenance of its existing facilities, and for pursuing capital projects. In addition, the District has depreciation, interest income, assessment income, and connection charge monies that it can utilize for funding the CIP. Additionally, the District can borrow money or increase rates, if necessary, to best meet the needs of its customers. The District has utilized a very conservative approach in budgeting for the CIP by utilizing the growth projections developed by each of the land use jurisdictions located within the District. The District will provide facilities as required to support growth within its service area. The schedule and project costs will be updated annually through the District's budget and capital improvement program process. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-26 FWCP - Chapter Six, Capital Facilities 6.4.3 SEWER SYSTEMS Lakehaven Utility District's Comprehensive Wastewater System Plan (Wastewater Plan, incorporated in full by reference, including modifications made to it through the first four amendments [Amendment No.4 was adopted on February 9, 2006], and any future amendments) was last updated in 1999. The Wastewater Plan is in the process of being updated and is scheduled to be updated soon for completion in the summer of 2009. The Lakehaven Utility District's (hereinafter referred to as "the District" in this section) sewer area is located in the southwest portion of King County, including the unincorporated areas east of the existing City limits of Federal Way. Map VI-9 shows the District's sewer service area. Other utilities provide retail sewer service to relatively small portions of the District's corporate area, including Midway Sewer District on the north side of the District, the City of Auburn on the east side of the District, and the City of MiltonlPierce County on the south side of the District. In addition, other utilities provide conveyance and treatment services to portions of the District's retail sewer service area, including Midway Sewer District, Metro/King County, Pierce County, and the City of Tacoma. As of the end of ~ 2007, the District was serving a residential population of approximately 8+,00() 114,000 through ~ 24,500 connections. Inventory of Existing Facilities The sanitary sewer system is comprised of three major components: the trunk collection system, the pump station system, and the wastewater treatment and disposal system. The trunk system collects wastewater from drainage basins and conveys it to the treatment facilities, primarily by gravity flow. In areas where the use of gravity flow is not possible, pump stations and force mains are used to pump the sewage to a location where gravity flow can be used. The locations of the major components are provided in the Wastewater Plan. The existing collection system operated and maintained by the District consists of approximately ~ 340 miles of sanitary sewer pipe, 28 pump stations, six siphons, and two secondary wastewater treatment plants, namely the Lakota Wastewater Treatment Plant and the Redondo Wastewater Treatment Plant. The system has been constructed over a number of years, as dictated by development trends in the area. The system is currently divided into seven primary basins and 40 smaller sub-basins. The wastewater generated within the two largest basins, Lakota and Redondo, flow to the District's wastewater treatment plants. The remaining five basins currently discharge to the other utilities for treatment and disposal, as mentioned above. The District currently has the capacity in all the major components of the system to accommodate the existing demand for sanitary sewer service. The wastewater treatment plants have been retrofitted with ultraviolet (UV) disinfection systems to replace chlorination systems to comply with state regulations. Major sewer facilities have recently been constructed to expand sewer service into large "unsewered" areas (the 19th120th Avenue SW Sewer Trunk and Weyerhaeuser Sewer Trunk), and to divert flow to its own Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-27 FWCP - Chapter Six. Capital Facilities treatment facilities that had previously been conveyed to other utilities for treatment (Pump Station No. 45 and the South End Diversion Sewer Trunk). Significant upgrades have been undertaken for its largest pumping facility, Pump Station No.6, to improve its reliability and provide an odor control system. Other existing pump stations have been significantly upgraded with new pumps and electrical systems (Pump Station No.7, 10, and 22), and others have been provided on-site emergency generators to allow their continuous operation during a commercial power outage (Pump Station No. 35). A recent major project was undertaken to replace deteriorated pipe material for the North Beach Sewer Trunk Pipeline along the Puget Sound shoreline at Lower W oodmont. In addition to the expansion of the District's collection system funded by developers, the District recently funded a new low pressure sewer collection system to provide sewer serviee availaBility to resideflts ifl the established Lakota ReaoH Reighboraaad Rear the Pl:lget SOI:lRd saor-eliRe in the North Lake and Five Mile Lake areas. Forecast of Future Needs Population forecasts are based on the adopted land use plans of the various jurisdictions within which the District operates. The population figures are presented by drainage basin to allow for evaluation of the system and consideration of future improvement alternatives. The population within the District's sewer service area is projected to increase to nearly 150,000127,000 by ~ 2028, approaching the projected "ultimate" population of 180,000 based upon land capacity. An estimated 7,500 on-site wastewater disposal systems are in operation within the District's corporate boundary. It is anticipated that sewer service will be extended to these "unsewered" areas as on-site systems become less viable to maintain and/or when new development requires public sewers. The average base daily flow tributary to the District's two wastewater treatment plants, excluding infiltration and inflow (I & I), is currently estimated at ~ 7.2 MGD and is expected to increase to nearly W 8.2 MGD by ~ 2028, and nearly 17.0 MGD at full development. Peak hourly flows tributary to the District's two wastewater treatment plants, including I & I, are currently estimated at ~ 20.0 MGD, and are expected to increase to nearly ~ 21.3 MGD by ~ 2028, and 40.0 MGD at full development. Hydraulic capacity at both wastewater treatment plants is estimated to be available up to the original design peak hour capacities of 22.2 MGD for Lakota and 13.8 MGD for Redondo. Expanded and Improved Facilities The District is plal1RiRg has started construction for the rehabilitation and lengthening of the Redondo Wastewater Treatment Plant's outfall pipeline that discharges treated wastewater into Puget Sound. This proiect will be completed by September 2008. A project to fl:lrtaer dewater and dry the replace old biosolids material that resl:llts from. the waste'/later treatmeRt process is beiRg eORsidered dewatering equipment with new. more efficient equipment to help reduce operating costs is under design. The District is pursuing many other proiects to improve the performance of the facilities (energy Revised 2008 School. Fire, Water, and Sewer Comprehensive Plan Amendment VI-28 FWCP - Chapter Six, Capital Facilities conservation, water quality, biosoild quality, reduced maintenance, etc.). Combining funding from its water utility, the District is also pursuing its Water ReuseIReclamation Project, utilizing wastewater suitably treated at the Lakota Wastewater Treatment Plant, conveyed through a separate pipeline system, and utilized for beneficial purposes, such as augmenting groundwater supplies. Additional new and expanded sewer facilities are planned to divert additional flow to its own treatment facilities that is currently being conveyed to other utilities for treatment (new Pump Station No. 44 and expandeq Pump Station No. 33). On-site emergency generators are planned at other existing pump stations (Pump Stations No. 12,37 and 41) to allow their continuous operation during a commercial power outage. The District is continuing to fund new pressure sewer collection systems to provide sewer service availability to residents in established neighborhoods, particularly those around lakes (North Lake, Five Mile Lake, etc.). Finance Plan A utility undertakes a capital program for many different reasons, including: expanding the capacity of its systems, maintaining the integrity of existing systems, and addressing regulatory requirements. The District is required to comply with its own Wastewater Plan and to support regional decisions on population growth and land use. The District has identified several significant capital improvement projects in its Wastewater Plan. The scheduling of these projects is included in the District's most current Capital Improvement Program (CIP) that is developed and approved annually. The District has access to sufficient funds that can be utilized for operations and maintenance of its existing facilities, and for pursuing capital projects. In addition, the District has depreciation, interest income, assessment income, and connection charge monies that it can utilize for funding the CIP. Additionally, the District can borrow money or increase rates, if necessary, to best meet the needs of its customers. The District has utilized a very conservative approach in budgeting for the CIP by utilizing the growth projections developed by each of the land use jurisdictions located with the District. The District will provide facilities as required to support growth within its service area. The schedule and project costs will be updated annually through the District's budget and capital improvement program process. 6.4.4 FIRE FACILITIES This section summarizes the South King Fire and Rescue Strategic Leadership Plan, and the department's subsequent updates. The fire department provides service to the entire City of Federal Way, the entire City of Des Moines, and surrounding unincorporated Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-29 FWCP - Chapter Six, Capital Facilities area. Total population in the department's service area is approximately 150,000 citizens. Services include fire suppression, fire prevention (building inspection and public information), emergency medical, hazardous materials responses, public education, emergency management, and rescue emergencies (special operations). South King Fire and Rescue has a contract with the City of Federal Way and Valley Communications for the provision of emergency 911 communications, wherein they act together with the City as a part owner of Valley Communications. The South King Fire and Rescue Strategic Leadership Plan identifies and programs improvements that are necessary to maintain existing service standards and to meet the needs of future residents and businesses. The plan and future updates are adopted by reference into the FWCP. The fire department provides fire suppression service to the entire City. In order to do this, the department has adopted LOS standards found in the South King Fire and Rescue Resolution Number 413. · Each emergency fire response should include a minimum of 15 trained and equipped firefighters and apparatus commensurate with the emergency (a standard response of four engines, one ladder truck, and one command vehicle are sent on all structural incidents). · Each emergency medical response should include a minimum of one response vehicle and three fully-equipped and fully-trained crew members on a responding engine company, or two crew members on an aid car (either an engine or an aid car, or a combination of both, can be sent on the response depending upon the severity). · The fire department provides a full building inspection service for fire code compliance. The department is currently providing service that is generally consistent with its adopted LOS standards. The fire department also depends on having adequate water pressure available in fire hydrants to extinguish fires. The department works with the Lakehaven Utility District, Highline Water District (in the City of Des Moines), and other water utilities within its corporate limits, to ensure that adequate "fire flow" is always available. Lakehaven Utility District's Water System Plan analyzes "fire flow" rates available at different points in its water system, and programs improvements to the water system to ensure that sufficient water is available for fire suppression. Emergency Medical Services Emergency Medical Services (EMS) responds to 911 calls and provides field services. This service is paid for by property taxes. EMS is provided as a marginal cost to the fire department as fire facilities are utilized to provide this service to the community. The fire department replaces its five front line aid cars, of which staffs three on a normal basis, Revised 2008 School, Rre, Water, and Sewer Comprehensive Plan Amendment VI-3Q FWCP - Chapter Six, Capital Facilities commensurate with its capital replacement plan and capital reserves system. The section on funding (Funding Plan) addresses how the ongoing replacement purchase of these aid cars will be funded. Inventory and Capacity of Existing Facilities The department has two major types of capital facilities. One is fire stations and the other is capital investment in equipment and, in particular, fire engines. The department's fire stations are shown on Map VI-lO. Forecast of Future Needs From 1986 through 1992, emergency responses increased at an average annual rate of over eight percent. In 1990, public education efforts included 911-use/abuse training. The increases in call volume during 1993 and 1994 leveled off with 1994 volume increasing only 1.5 percent from the 1992 level. It is unknown, however, how much, if any, effect the 911 public education effort had on actual call volumes. In 1995 and 1996, calls for service again increased at an average rate of 8.1 percent. Although calls actually decreased slightly in 1997, call volumes increased by 14 percent in 1998. The call data indicates a fairly steady increase of approximately six percent per year. Emergency medical incidents have increased more rapidly than non-medical incidents. During the 1990s, structure fires have declined. The challenge for the fire department will be to manage fixed-cost investments, such as new stations, and to be flexible in its ability to meet fluctuating call volumes. location and Capacity of Expanded or New Facilities In September of 2005, the citizens within the City of Des Moines (protected by King County Fire Protection District #26) voted overwhelmingly to merge with the City of Federal Way Fire Department (King County Fire Protection District #39). The result of this merger caused the name of the fire department to change from the Federal Way Fire Department to its present South King Fire and Rescue. The legal name for the fire district is actually King County Fire Protection District #39 (KCFPD #39), although the department does business as South King Fire and Rescue. South King Fire and Rescue operates out of eight stations, seven of which are response stations with the eighth being a training and maintenance facility. Two of the eight stations are located within the City of Des Moines, two stations lie within unincorporated King County, and four are located with the City of Federal Way. As of 2006 projections, the fire department responds on approximately 16,000 emergencies annually. The department may have need for an additional station in the near future in the south end of the City in the vicinity of 356th and Pacific Highway; or, possibly a little more north in the area of South 336th or 348lh and Pacific Highway South. If this area continues to experience significant commercial growth, the department anticipates that the calls for Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-31 FWCP - Chapter Six, Capital Facilities service will also continue to grow. In this eventuality, an additional station may be needed to maintain acceptable response times. The department has acquired property in the area of 356th and Pacific Highway South through a swap of properties with Lakehaven Utility District to assure future availability of a station site. Additionally, the department may have a need for an additional station in the future in the far north end of the fire district within the City of Des Moines. The North Hill area of Des Moines is protected both by South King Fire and Rescue, as well as KCFPD #2, via an interlocal first response agreement. The timing of this potential new station would be predicated upon any future merger discussions between the two fire districts (South King Fire and Rescue and KCFPD #2), none of which are currently taking place. Any new station should be able to accommodate an on-duty crew of three fire fighters, with appropriate living and sleeping quarters. In addition, the structure should be able to house two engines and an aid car, with room for growth dictated by LOS demands. It may also be appropriate to provide a public meeting room and an office for community policing in new facilities. The cost of these facilities is approximately $2,000,000 $4,000,000. Equipment would be in the range of $700,000 $1,000,000 for a new station. The fire department does not presently have a timeline for construction of new fire stations at either of their two proposed fire station locations. Funding Plan The fire department has established a capital reserve fund for the systematic replacement of all capital equipment. These reserves are funded from the annual revenues of the department. The department also has established a long term goal of a minimum of four- paid fire fighters on each fire apparatus (this is the national standard adopted by NFPA 1710). Additional staff that is hired in support of that goal will be funded from either new construction levies or additional voter-approved levies. The department has not established any funds for purchase of new stations or associated equipment. These purchases would require voter-approved bonds. In the department's annually adopted budget, capital projects are identified. This capital projects list is up-dated based on completed projects and changing priorities. The FWCP adopts by reference the South King Fire and Rescue Strategic Leadership Plan~ as well as the annual capital improvements program update. Additionally, the department is seeking to receive impact fees based upon growth within the community, which directly affects its level of service. This is being sought both locally and legislatively, as fire districts have to manage growth the same as schools and other public facilities. If successful, impact fees could assist in offsetting the capital costs of added infrastructure. Revised 2008 School, Rre, Water, and Sewer Comprehensive Plan Amendment VI-32 FWCP - Chapter Six, Capital Facilities 6.5 GOALS AND POLICIES The goals and policies in this section implement the GMA requirements and the CWPP. The City of Federal Way takes responsibility for implementing only those goals and policies for services provided by the City. Special service districts, such as the school, utility, and fire districts, must implement goals and policies that are consistent with their respective plans. The City does intend, however, to closely coordinate the City's plan with these service districts so that the citizens of Federal Way receive the highest level of service possible. Goal CFGl Annually update the Capital Facilities Plan to implement the FWCP by coordinating urban services, land use decisions, level of service standards, and financial resources with a fully funded schedule of capital improvements. Policies CFPl Provide needed public facilities and services to implement the FWCP. CFP2 Support and encourage joint development and use of community facilities with other governmental or community organizations in areas of mutual concern and benefit. CFP3 Emphasize capital improvement projects that promote the conservation, preservation, redevelopment, or revitalization of commercial, industrial, and residential areas in Federal Way. CFP4 Adopt by reference all facilities plans and future amendments prepared by other special districts that provide services within the City. These plans must be consistent with the FWCP. CFP5 Adopt by reference the annual update of the Federal Way Capital Improvement Program for parks/recreation, surface water management, and the Transportation Improvement Program. CFP6 Protect investments in existing facilities through an appropriate level of maintenance and operation funding. CFP7 Maximize the use of existing public facilities and promote orderly compact urban growth. Goal CFG2 To meet current needs for capital facilities in Federal Way, correct deficiencies in existing systems, and replace or improve obsolete facilities. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-33 FWCP - Chapter Six, Capital Facilities Balancing existing capital facilities needs with the need to provide additional facilities to serve growth is a major challenge for Federal Way. It is important to maintain our prior investments as well as serve new growth. Clearly, tough priority decisions are facing Federal Way policy-makers. Policies CFP8 Give priority consideration to projects mandated by law, and those by state and federal agencies. . CFP9 Give priority consideration to subsequent phases of phased projects.when phase one is fully funded and under construction. CFPIO Give priority consideration to projects that renovate existing facilities and preserve the community's prior investment or reduce maintenance and operating costs. CFPll Give priority consideration to projects that correct existing capital facilities deficiencies, encourage full utilization of existing facilities; or replace worn out or obsolete facilities. CFP12 Give priority to projects where leveraged monies such as grants and low interest loans can be used. Goal CFG3 Provide capital facilities to serve and direct future growth within Federal Way and its Potential Annexation Area as they urbanize. It is crucial to identify, in advance of development, sites for schools, parks, fire and police stations, major stormwater facilities, greenbelts, open space, and road connections. Acquisition of sites for these facilities must occur in a timely manner and as early as possible in the overall development of the area. Otherwise, acquisition opportunities will be missed, with long-term functional or financial implications. Policies CFP13 Provide the capital facilities needed to serve the future growth anticipated by the FWCP. CFP14 Coordinate efforts between the Public Works and Parks Departments in the acquisition of and planning for public open space, recreation, public education, and stream preservation within the Hylebos Basin. Departments may combine resources as appropriate to increase project efficiencies and success rates in pursuit of grant opportunities. CFP15 Give priority consideration to projects needed to meet concurrency requirements for growth management. Revised 2008 School, Rre, Water, and Sewer Comprehensive Plan Amendment VI.34 FWCP - Chapter Six, Capital Facilities CFP16 Plan and coordinate the location of public facilities and utilities in advance of need. CFP17 Implement a concurrency management system which permits project approval only after a finding is made that there is capacity available in the transportation system sufficient to maintain the adopted level of service standard. CFP18 The provision of urban services shall be coordinated to ensure that areas identified for urban expansion are accompanied with the maximum possible use of existing facilities and cost effective service provisions and extensions while ensuring the protection and preservation of resources. CFP19 Coordinate future economic activity with planning for public facilities and services. CFP20 Purchase property in the Potential Annexation Area and keep it in reserve for future City parks and surface water facilities. CFP21 Consider public/private partnerships to leverage structured parking in association with City Center development or redevelopment, in fulfillment of comprehensive plan vision and goals. Goal CFPG4 Provide adequate funding for capital facilities in Federal Way to ensure the FWCP vision and goals are implemented. The GMA requires that the Land Use chapter be reassessed if funding for capital facilities falls short of needs. The intent is to ensure that necessary capital facilities are available prior to, or concurrently with new growth and development. Capital facilities plans must show a balance between costs and revenues. There are essentially five options available for balancing the capital facilities budget: increase revenues, decrease level of service standards, decrease the cost of the facilities, decrease the demand for the public service, or reduce the rate of growth and new development. Policies CFP22 Manage the City of Federal Way's fiscal resources to support providing needed capital improvements. Ensure a balanced approach to allocating financial resources between: 1) major maintenance of existing facilities; 2) eliminating existing capital facility deficiencies; and 3) providing new or expanding existing facilities to serve new growth. CFP23 Use the Capital Facilities Plan to integrate all of the community's capital project resources including grants, bonds, general funds, donations, impact fees, and any other available funding. CFP24 Ensure that long-term capital financing strategies and policies are consistent with all the other FWCP chapters. Revised 2008 School, Rre, Water, and Sewer Comprehensive Plan Amendment VI-3S FWCP - Chapter Six, Capital Facilities CFP25 Pursue funding strategies that require new growth and development to pay its fair share of the cost of facilities that are required to maintain adopted level of service standards. One such strategy that should be implemented in the near term is an impact fee program for parks and transportation. CFP26 Promote a more efficient use of all public facilities by enacting interlocal agreements which facilitate joint maintenance and operations of those facilities. CFP27 Use the following available contingency strategies should the City be faced with capital facility funding shortfalls: · Increase revenues by selling general obligation bonds, enacting utility taxes, imposing impact fees, and raising property tax levy rates. · Decrease level of service standards to a level that is more affordable. · Decrease the cost of the facility by changing or modifying the scope of the project. · Decrease the demand for the service or facilities by establishing a moratorium on development, focusing development into areas where facility capacity is available, or changing project timing and/or phasing. CFP28 Aggressively pursue grants or private funds when available to finance capital facility projects. CFP29 Maximize the usefulness of bond funds by using these monies to the greatest extent possible as matching funds for grants. Goal CFPG5 Ensure that the Federal Way Capital Facilities Plan is current and responsive to the community vision and goals. The role of monitoring and evaluation is vital to the effectiveness of any planning program and particularly for the Capital Facilities chapter. The City's revenues and expenditures are subject to economic fluctuations and are used to predict fiscal trends in order to maintain the City's adopted level of service for public facilities. This Capital Facilities Plan will be annually reviewed and amended to verify that fiscal resources are available to provide public facilities needed to support adopted LOS standards. Policies CFP30 Monitor the progress of the Capital Facilities Plan on an ongoing basis, including the completion of major maintenance projects, the expansion of existing facilities, and the addition of new facilities. Evaluate this progress with respect to trends in the rate and distribution of growth, impacts upon service quality, and FWCP direction. CFP31 Review, update, and amend the Capital Facilities Plan annually. Respond to changes in the rates of growth, new development trends, and changing City priorities, budget, and financial considerations. Revised 2008 School, Rre, Water, and Sewer Comprehensive Plan Amendment VI-36 FWCP - Chapter Six, Capital Facilities Make provisions to reassess the FWCP periodically in light of the evolving Capital Facilities Plan. Take appropriate action to ensure internal consistency of the chapters in the plan. CFP32 Continue to coordinate with other capital facility and service providers to ensure that all necessary services and facilities are provided prior to or concurrent with new growth and development. Goal CFPG6 Manage the Surface Water Utility in a manner that makes efficient use of limited resources to address the most critical problems first, and which expresses community values and priorities. Policies CFP33 The utility shall continue to have a role in developing and implementing regional, state, and federal surface water policies and programs and, in doing so, shall seek to: · Achieve the City's environmental goals. · Contain utility ratepayer costs. · Ensure state and federal requirements are achievable. · Maintain local control and flexibility in policy/program implementation. · Provide consistency with CWPP. The utility's role in developing and implementing regional, state, and federal surface water policies and programs will include: · Influencing legislation through lobbying and written and verbal testimony during formal comment periods · Participating in rule making · Reviewing technical documents · Serving on advisory committees and work groups · Participating in multi-jurisdictional studies and basin planning · Entering into cooperative agreements with neighboring and regional agencies to accomplish common goals as appropriate and necessary CFP34 The utility's funds and resources shall be managed in a professional manner in accordance with applicable laws, standards, and City financial policies. CFP35 The utility shall remain a self-supporting enterprise fund. CFP36 The utility Capital Improvement Program (CIP) will provide funding for the following types of projects: 1) Projects addressing flood control problems. 2) Projects needed to meet water quality policies. 3) Projects needed for renewal/replacement or additions to current infrastructure and facilities. Revised 2008 School, Fire, Water, and Sewer Comprehensive Plan Amendment VI-37 FWCP - Chapter Six. Capital Facilities 4) Projects necessary for resource protection and stewardship. CFP37 To the extent of funding limitations, the CIP shall be sustained at a level of service necessary to implement cost effective flood control mitigation; meet water quality policies; maintain system integrity; provide required resource stewardship and protection; and meet federal, state, and local regulations. CFP38 The utility will continue to strive to minimize the use of loans to fund necessary capital improvements, and will generally operate on a "pay-as-you-go basis." However, low interest loans (i.e. Public Works Trust Fund) and/or grants will be used to leverage local funds when feasible. CFP39 Rates shall be set at the lowest level necessary to cover utility program expenses, meet levels of service identified in the "Comprehensive Surface Water Management Plan," meet debt coverage requirements, and sustain a reserve balance consistent with these policies on a long-term basis. CFP40 Utility rates shall be evaluated annually and adjusted as necessary to achieve utility financial policy objectives. CFP41 Utility rates will allocate costs between different customer classes on an equitable basis. CFP42 The utility rate structure will be based on a financial analysis considering cost- of-service and other policy objectives, and will provide adjustments for actions taken under approved City standards to reduce related service impacts. CFP43 Rates shall be uniform for all utility customers of the same class throughout the serVice area. CFP44 Rate assistance programs may be provided for specific low-income customers. CFP45 The utility's annual budget and rate recommendations shall provide funding for the following reserve components: 1. A working capital component based on 45 days of the current year's budgeted operating and maintenance expenses. Under no circumstances shall a budget be submitted for a planned drop in reserves below this level. 2. An emergency/contingency component to cover excessive costs resulting from unexpected catastrophic events or system failures. Based on historical utility experience, this amount will be set at $500,000, which is the estimate of the net cost of emergency services to be paid from rate resources, excluding any potential reimbursements that may be received from Federal Emergency Management Act grants, the City's General Liability Fund, or other external revenue sources. Revised 2008 School, Fire. Water, and Sewer Comprehensive Plan Amendment VI.38 c ~..m ~~ J j !! 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This chapter describes the location of existing utilities and the proposed location of new utilities, as well as the capacity of existing and proposed utilities. The GMA requires the Federal Way Comprehensive Plan (FWCP) to have internal consistency. This means that the Private Utilities chapter must be fully coordinated with other chapters of the FWCP. This is particularly important for Federal Way's City Center and in the 1-5/99 corridor where new development and other land use change is anticipated in the near future. In accordance with WAC 365-195-320(2)(c), this Private Utilities chapter includes plans for natural gas, electricity, telecommunications, and cable television service for the City and its planning area (Map X-l- Council Approved PAA Boundary, maps are located at the end of the chapter and were revised in 2007 as part of the 2006 Comprehensive Plan Amendments). Each utility plan will describe and analyze existing and proposed utility systems within Federal Way and improvements necessary to meet growing consumer demand. In most cases, maps are provided to illustrate the existing system and proposed improvements. Plans for water supply and sewer are found in the Capital Facilities chapter of the FWCP. The City sees the GMA requirement to prepare a Private Utilities chapter as an opportunity to identify ways. of improving the quality of services provided within the City. The City will use this Private Utilities chapter to identify goals and develop policies to ensure that provision of utilities is properly coordinated with land use. The City acknowledges that it would not have been possible to prepare this chapter without the assistance of local utility providers. 10.1 ORGANIZATIONAL AND LEGAL CONTEXT Privately owned electrical, natural gas, and line telephone utilities are regulated by the Washington Utilities and Transportation Commission (WUTC). Cellular telephone communication companies are licensed by the Federal Communications Commission (FCC). Cable television companies are regulated by the Federal Communications Commission (FCC) and the Communications Act of 1934, as amended. Private utilities must have a franchise agreement to place utilities in the public right-of-way or on private property. Franchise agreements give each utility the non-exclusive right to provide its category of service within the City. FWCP - Chapter Ten, Private Utilities 10.2 COUNTYWIDE LAND USE POLICIES FOR UTILITIES The King County Growth Management Planning Council (GMPC) drafted the following Countywide Planning Policy (CWPP) that is relevant to private utilities: C06 Aggressive conservation efforts shall be implemented to address the need for adequate supply for electrical energy and water resources, protect natural resources, and achieve improved air quality. Efforts shall include, but not be limited to, public education, water reuse and reclamation, landscaping which uses native and drought-resistant plants and other strategies to reduce water consumption, smaIl lot size, low-flow showerheads, conservation credits, and energy efficiency incentives in new and existing buildings. This Private Utilities chapter is consistent with the aforementioned CWPP. 10.3 PUGET SOUND ENERGY Description of Utility Puget Sound Energy Company, Inc. (PSE) is an investor owned private utility headquartered in Bellevue, Washington. It provides electric and natural gas service to approximately 1,377,388 1.042.213 metered customers within the company's 6,000 square mile service territory. This service territory encompasses eleven counties in western and central Washington. PSE is regulated by the Washington Utilities and Transportation Commission (WUTC) and the Federal Energy Regulatory Commission (FERC). The Natural Gas Policy Act of 1978 was designed to increase competition among energy sources by encouraging the development of new natural gas resources and the development of nationwide transmission pipelines. PSE builds, operates, and maintains an extensive electric and gas distribution system consisting of generating plants, electric transmission lines, gas supply mains, distribution systems, substations, and pressure regulating stations. It is a hydroelectric-based company purchasing about 40 percent of its power from utilities that own five large hydro facilities on the Columbia River. ~ Four PSE owned hydroelectric plants, on the NeelESaek, Baker River, Snoqualmie, Whire; and Puyallup rivers add to the hydro base on the west side of the Cascades. Other PSE owned or partly owned sources include three coal-fired plants (in Co1strip, Montana), and six gas and oil-fired plants. Revised 2002 2009 X-2 FWCP - Chapter Ten, Private Utilities General Location PSE supplies electric and natural gas service within the entire limits of the City of Federal Way. The quality of service within Federal Way is dependent on the local delivery system operated by PSE, the bulk transmission system operated by Bonneville Power Administration (BPA), and power generation by a number of agencies, including PSE. Natural gas is supplied to the entire region through pipelines owned and operated by Williams Gas Pipeline - West, Salt Lake City, Utah. The "gate station" off the pipeline that provides most of the natural gas supply to Federal Way is located in Derringer (near Auburn). Type of Servke: Electric Transmission Lines (115kV). Schematically, Figure X-I (page 4) describes how electricity is transmitted from the generation source to customers. Map X-2 describes that portion of PSE's transmission system that covers Federal Way. It is a grid that provides a link between BPA's Bulk Transmission System and the local distribution system that connects with customers. The "Bulk Transmission System" is operated by the BP A, which operates a region wide, interconnecting, transmission system that supplies electric power to utilities from federal hydroelectric projects east and west of the Cascades. The primary service BP A provides to PSE is wheeling energy around the region. All the transmission lines supplying Federal Way are energized at 115kV (Kilovolt). These lines supply power into the Federal Way distribution system and provide connections to Tacoma City Light, King, and Pierce Counties. Power is transferred from the transmission system to Federal Way's local distribution system at six distribution substations. Power also comes into the City from substations located in Pierce County and unincorporated King County. Transmission Switching Stations. The only switching station in Federal Way is the Starwood Station. Switching stations are used to control and monitor power flow on 115kV lines in order to increase system reliability. Distribution Substations. Distribution substations transform voltages of 115kV or greater to lower voltages of 12 or 34kV. The following stations are located in Federal Way: Lakota, Kitts Comer, Belmore I, Belmore II, Marine View, Starwood 1, Starwood 2. West Campus, and Weyerhaeuser. Future Faeility Constructiou PSE p:eEliets that the laaa far the greater Fedefal W&y area will gF9\'/ ey 103.9 MY ~. eet.....eeR 1990 BRd 2020. Map X-2 shows proposed transmission lines and substations necessary to increase service reliability and/or capacity in the Federal Way area to meet this projected load growth. The additional substations needed include: · Enchanted . Steel . Killarney · Twin Lakes · Federal Way Five Mile Lake · Dolloff . In addition, Marine View will be expanded to a switching station. Revised ~ 2009 X-3 FWCP - Chapter Ten, Private Utilities Figure X-l Electricity Supply From Source to Customer Hlgh-Vollaga TransmIssion Lines / ~. i . -. ~... ...-. Sub'lallon Ttlionner 115kV transmission lines are proposed in two separate locations: · One additional line extending from Marine View Substation located at approximately South 295th and Pacific Highway South, east generally along 304th Street to 51 st A venue South. · One additional line along Military Road from South 320th Street south to the Pierce County line. PSB fefeeasts that diese ilBpFevemeets, aleBg wi~ ether!> else-::hefe iB the SH9afea, will flreEhiee a system that will be 9fleFatiBg at 72.5 flefeeBt of eaflaeity by the year 2-020. Additional transmission line and transformer capacity may be necessary on the PSE/Tacoma City Light (TCL) intertie at Starwood. Proposed cogeneration facilities in TCL's tideflats area eeylEl fleteBbally 0*flaBEl may reauire expansion of the existing Revised ~ 2009 X-4 FWCP - Chapter Ten, Private Utilities system. The timing of any improvement would depend on the design and capacity of the cogeneration facility. PSE also has an active asset management plan. The plan includes replacing poles as they age, and as necessary to maintain or to increase line clearances. Type of Service: Natural Gas PSE provides natural gas to the City and surrounding communities through a network of interconnecting supply and distribution mains (Map X-3). The components and hierarchy of natural gas supply are illustrated in Figure X-2 (page 6). J\eeer6iag ta PSB's Rate DeplHtmeRt, ({he average house (using natural gas for both heat and hot water) consumes about 1,000 therms per year. Ten therms equals approximately one "mer' (one thousand cubic feet) of gas per year. WIleR )MaRfliag the size ef Rew gas maiRS, PSI!: a!leS a salYRHieR meEleI ':Jmell aSSYJReS all Raw ooasooelEls '::illese nat1:tfal gas siRee 99 peree8t ef Rew Ilemes e0RsB1leteEl, wllefe BlIilEiefs lla'le tile elleiee, are asi8g Ralufal gas. &teRsie8 ef serviss (typieally se8':ElfSieR) is Basee e8 fet:}tlest aRe tile Feselts sf a R1&AEet a8a1ysis te E1etemH8e if Fe\'e8aeS ffalR a8 eJite8sie8 ',vill effset tile east sf eeasuuehea. PSI!: Ilae 17,319 gas et:Ist9JHefS i8 tile City as ef Ne,..emher 1999. TI1efe were 12,855 i8 tile City i8 N9'leIRBer 1989. Basee 98 gm'lAll, PSB 88beipates 22,500 eastelllefS i8 tile City BY 2009. The existiag systelR is eapaBle sf sapplyiag llfffeJEimately 50,000 east9mers i8 the F'eeeFal Way area. It is estimated that PSE currently serves 17.971 customers within the city limits of the City of Federal Way. Gas &/fJply MaiNS: These are geRefftlly larger Eliameter (sixjRell steel aRe larger) maiRs ElesigReEl t9 9pefftte at higller pFeSSl:lfe (100 psig ta 250 psig) te Elelher Ratl:lfaI gas fmlR tile sapply sel:Jfea te preSSl:lfe reEleciRg statie8s. PSE Ilas 35,650 feet ef 12 iReIl sapply maiR leeateEl i8 Military ReEMl Seath aRe 3,2(){) feet sf six i8ellleeatee elsewhere. PTeS-SNFe ReaNeiRg (DistFiet RegHlatsFsj StatieRS: Tkese are laeatee at '/aReas leeabeRs dlfeaghel:Jt tile systelR ta FeElese sepply maiB pFeSSW"e te a s~ EliSft'iBetieR epeFabRg pFess~ ef ftWFeKimately ~ psig. Thefe are five regulater stati0Rs leeatee iB FeEleFal ',J,T:ay, ];)istFis6llie" Mains: DistrieetieB JRaiBS are fee OOIR Diskiet Regylat9fS. These are ~ieally 8, ~, 4, 2 aRe 1.25 iaell iB EHametef. The pipe Hl&tefial is typieally pelyedlyleBe (PB), PSB ewreRtly has aflfll'9ximately 35() miles af EliS&:H:ltlb9S JRaiR servieg WithiR tile City of F'etleml WWj. SUllDlv mains (measuring 16". 12".8".6". and 4" in diameter) transport l!as from the l!ate stations to district regulators. This Dine material is tvpicallv wraD~d steel (STW). Revised ~ 2009 X-5 FWCP - Chapter Ten, Private Utitities Figure X-2 Typical Puget Sound Energy Distribution System GATe STAnOH Thl polnUtwblcll gas 1m NW PIpeline llillls Ihl WNG SJlIIm. Hili III odOWlt Is allded 101 nllty. Pressare Is rllluced 10 200 10 300 psl,IlIdUtaou Is 1II1t111d. ~ . llSlllWOR Most IlIIlIr ntllaclM a . _tarwhle'IC:ut1 Ibl snawllO allGUl 1/4 psi. '11I1 MITER at JaafIlomlIlllUlllU IhulllOlllltotMIUIII gllbelllllllStlllar spacellld llIletheatlnO 11Id0lbtrms. SEll\IlCE lINE MastI3llOlIDIIu 1IoIn&-a 1ncIl0llldMdlll to 21nc1ln lli__wIIII...... flcIl4StoeopaL- y v v v v > >:;^ v> > > > UMmDsm6l1NE 'Illest 1IlldIIOIOIlllI1IlIn" llellIIeIl81l1d 121lldn III dIUIIIIl and CIlI1pressartS amgfno 1251lSl > > > > \'o. ., ., ., ., .,. ., - TIWtSMISSIOHUNE These 1Ild1f9lOUlld lIAes .. be\lJeellS ., ., ,nd 181nc1lea IIlIllWler.1'resS1n III thesa lilies imGU IIOlllId 280 psi, \"" \"" "<" " NORTl\11lm PIPS.INE . TlIaltltlll\lll plpeIfAa ~no WHO Is NWPlpeItlIt. wllldl cansIslIof 2 _II pIpu,. 2&/nCIl and a 3Q./acb. Praslntllles _600 10110O "per square 11ICll. tile nbnIlIU$lIPI1adQlnates.lllInIIlD1 flGlll CanalIJ ,lid lilt SOlIlIllIHl UnIled S1alIS. INTIRMEll1ATIPRmvRI lfl'I DISTRICTnmutAlOR Hera lllepressurt Is l8lIlll:Id aamlObaImI20andeGDS\. oIslIIct/eGlllllClllllmls1lllli IOWNO'IIAleIlIldIlI jIIISI1llI (IPldlslrlllallolll!Sltlll. IP IlfStIlf8UTfOH MAIN Thtsalllldllpind IIatI tllYlnsblllialll1l1tcbes lo811lc1leslndllalellt. . PrassmIftllVtMpst. District Regulators (DR) reduce supply main pressures to typical distribution ooerating pressures of 25 to 60 psig. Distribution mains are fed from the district regulators. These typically are 8". 6".4".2". and 11A" diameter lines. The pipe material typically is polyethylene (PE) or wrap.ped steel (STW). Individual residential service lines are fed by distribution mains and are tvoicallv %" in diameter. Individual commercial and industrial service lines are typically I W'. 2" or 4" in diameter. Revised ~ 2009 X-6 FWCP - Chapter Ten, Private Utilities Future FacDity Construction Thefe are dH:ee types at' eeBst:fueaeB amieipatea iR tile FeElefal Way area. TItese iRehule: }Vew;1tfJtaUatitm due te iReNasea eapaeity ef exiBtiBg etlfHeRtefS er eeB'Jefsieas fFeRl an altef8ete feel. Mail" FepIaeeme"t pF6jOC13 te faeilitate iRlJH'9\<ea maiRteRaBee aaS system felia9ility. ReplaeeRIeRt B1' 1'eleeati8l'l af faeilities dHe t9 RlYRieipal ana !Hate prejeets. UJng Rtutge Plans (withi"fWe yeaTs): 18stall12 iBeh STW High Pi'eSStlfe Stlpply MaiB iB the B9fth eRa af Feaeml'.1/ay at apprexiJRately Seam 212- 8t:reet aBa Military RaaEl Setlth (Map XI). Minimum pressure delivery in distribution systems is approximately 15 psig.1f growth would result in design pressures below 15 psig. there are several methods of increasing the pressure in the line. including: a. Loolling the distribution and/or supply lines to provide an ahernative route for the gas to travel to an area needing additional supply. This method often involves construction of supply mains, district regulators. and distribution mains. b. Installing mains parallel to existing mains to supplement supply of natural gas to a oarticular service area. c. Replacinglupsizing existing pipelines to increase volume. There are three t~ of construction: 1. New or replacement of existing facilities to increase capacity requirements due to new building construction and conversion from alternate fuel. 2. Main replacement to facilitate improved maintenance of facility. 3. Replacement or relocation of facilities due to municipal and state proiects. PSE makes an effort to coordinate construction work with municipal projects in order to minimize cost and impacts to surrounding community. Due to franchise agreements. PSE is required to relocate existing facilities when required due to the municioal project. The following major proiects (Map X-4) are anticipated between now and the year 2017 to serve customers in the City of Federal Way: Planned for 2008: · No distribution svstem imorovements known or olanned at this time. Revised 2llOa 2009 x.7 FWCP - Chapter Ten, Private Uti6ties Tentative Future Proiects: · Continuing: to work on the Pacific Highway South l>roiect from 18th Avenue South. south to South 304th Street replacing an existing 4" STW IP with a 6" PE IP: estimated construction is 2008. · Long range plan is to install a 16" STW High Pressure Supply Main in the north end of Federal Way at approximately South 27200 Street and Military Road South: estimated completion in 2009. Due to the lp'owing popularity of natural g:as in the Federal Way and surrounding: areas. PSE will continually evaluate the necessity of the above projects and alternatives. Changes in the project route. construction schedule. and detail could occur as they are dependent on budgets and WUTC approval. 10.4 TELECOMMUNICATIONS PLAN The telecommunications section focuses on line telephone, wireless communication, Internet service and cable TV. Telecommunications is not only important for voice transmission but also provides the infrastructure for the transmission of images and electronic data. In the City, telecommunications service providers include QW~est, which operates both land-based.and cellular telephone systems, several wireless providers, and Comcast which provides cable TV and Internet service. The telephone portions of the telecommunications industry are extremely competitive and for this reason, the City had difficulty obtaining detailed information about operations and plans. As a result, the section of the plan addressing telephone service: (i) reflects the City's commitment to providing advanced telecommunications services; (ii) provides a general description of how the existing system works; and (iii) describes the process for improving delivery. Telephone System Existing Facilities and Operations -QWwest CeRUBYaielHiea Corporation;-lfte.: delivers telecommunication service to the Federal Way planning area as regulated by WUTC. A local exchange area is served by a Central Office (CO), which contains various kinds of switching equipment. From a CO, there are typically four main cable routes extending relatively north, south, east, and west. From each main cable route there are branch distribution routes. These facilities may be aerial or buried, copper or fiber. Extending from the branch distribution routes are local lines that can be used for voice or data transmission by subscribers. Revised 2002 2009 x-a FWCP - Chapter Ten, Private Utilities Proposed Improvements -QWwest is required by law to provide adequate telecommunications services on demand in compliance with RCW80.36.090 and WUTC reg:u1ations. Accordingly, QWwest will provide facilities. upon reasonable notice. to accommodate whatever growth pattern occurs within the City. Due to advances in technology, additional capacity is easily and quickly added to the system. Wireless Networks Existing Systems - The City of Federal Way is currently served with a number of wireless service providers. Wireless communication is becoming increasingly important in the telecommunications world. It is a combination of a portion of the radio frequency spectrum with switching technology, making it possible to provide mobile or portable telephone service to virtually any number of subscribers within a given area. Transmission quality is comparable to that provided by conventional wireline telephones, and the same dialing capabilities and features available to wireline users are available to cellular users. The wireless/cellular communications sector of the economy is growing rapidly. In 1997, the City adopted land use review procedures for siting facilities associated with these services. These regulations were subsequently revised in 2000 and 2001. All of these technologies use a line-of-sight radio signal transmitted and received by antennas. Therefore, it is not possible to underground the antennas or structures on which the antennas are mounted. The FCC regulates the cellular telephone industry by controlling where carriers can operate and what frequencies can be utilized in their operation. This ensures that their operation does not interfere with AMIFM radio and cable television transmissions. If interference does occur, the cellular tower operator is required by the FCC to eliminate any noise or interference that impacts local citizens. For example, if a television set onadio experiences interference from the tower, the operator must either correct the problem or disable the cellular site. Wireless service transmits and receives low power high frequency radio signals. The basic technology is as follows: 1. The service originates from a cellular phone, pager, computer, dispatch service, or personal communications service. 2. The signal is transmitted to the nearest cellular communications facility, known as a cell site, which processes numerous cellular phone calls and routes them to the nearest hub cellular switching office. 3. At the cellular switching office, also known as a Mobile Telephone Switching Office, the call is further processed and the call is routed to the party being called. The call may be routed via traditionallandline or via a cellular network depending on the nature of the receiving device. System Capacity - Capacity is a function of frequency of use, the number of sites in a geographic area, and the number of customers. However, wireless service providers consider site locations, the number of calls handled, number of customers, and cell site capacity to be proprietary information. Revised ~ 2009 X.9 FWCP - Chapter Ten, Private Uti6lies Improvements to the Cellular System - Like the non-cellular telephone companies, wireless companies expand services in response to growth. For this reason, companies closely analyze market demand to determine expansions into new service areas. The cellular network is expanded by dividing a larger cell into several smaller cells to increase the number of available channels. Capacity may also be expanded through technological advances in digital equipment. Internet Service Internet service is presently provided by telephone, cable, and satellite. QWwest provides Internet service via telephone lines and Comcast provides Internet service via cable. The Weyerhaeuser Company and Williams Communication have recently obtained franchises from the City to construct fiber optic communication systems throughout the City. In addition, as the City constructs or reconstructs streets, it is providing conduits to assist in the installation of fiber optic communication systems. Cable TV Plan On November 18,2002, Comcast and AT&T Broadband merged to form the new Comcast Corporation. Comcast Corporation, which is headquartered in Philadelphia, Pennsylvania, is the largest U.S. cable company serving more than 21 million customers in 41 states, as of 2003. Figure X-3 (page l~ is a general description of the components of the cable TV (CATV) system and shows supply from source to customer. One of the primary components of a cable system is the headend siteCan electronic control center where the information signal is processed for distribution through the cable system. The signal can be received either off a hard line (cable), satellite dish, microwave antennas, and/or TV antenna. Existing Conditions Map X-5 shows-the Comcast service areas covering the City. Comcast's Tacoma, Pierce County system, serves the majority of the City. A small area in the northern part of Federal Way and parts of the area to the east of 1-5 are served by the Comcast's Auburn system. The headends, located north and south of the City, supply the signal by microwave feed. The majority of the system has been designed and built at a capacity of 450 MHz and will be upgraded consistent with the franchise agreement between Comcast and the City of Federal Way. Map designations depict the main trunk cable lines (coax and fiber) distributing signals throughout Federal Way. Feeder cables (not depicted) branch from the main trunk cables to distribute the signals to neighborhood areas. From there, individual connections are made to the customer's service entry. Revised :lQOO 2009 X-10 FWCP - Chapter Ten, Private UIililies Figure X-3 Cable Source to Customer -- [f- --- --- --- --.. ---- ..--- ..-- .--- , , , , , , , , , , , , , , , , , , , , ---- ...:. Earth station - \ \ " Pedestal L- Underground Feeder Cable System Analysis In June 1998, Corneast was providing cable TV service to 29,787 customers citywide. This service level represents 71 percent of potential customer connections in the City. Existing cable television facilities are currently capable of servicing approximately 98 percent of the potential customer connections in Federal Way. Comcast makes every attempt to provide service to all residents within its franchise areas. Factors considered in extending service are overall technical integrity, economical feasibility, and franchise requirements. Revised 2002 2009 X-11 FWCP - Chapter Ten, Private Utilities Proposed Improvements Cable television installations are made to new subscribers (either to new dwelling units or, to a much smaller degree, to residences who have not opted for cable before) at published rates, provided they are less than 150 feet from a distribution or feeder line. Connections requiring longer runs are charged on a time and material basis. Most public work considerations, such as tree trimming, work in the right-of-way, restoration of property, and so on, are covered in the City of Federal Way Master Cable Television Ordinance and Franchise Agreement. Comcast works closely with utility companies and the City to stay informed on proposed developments so that cable can be a part of a development's plans. Each year, engineers assigned to the Federal Way area assess the need for system expansion based on telephone inquiries, permitting data from the City and County, and technological advances in distribution equipment. The total mileage of cable plant within the City is approximately 280 miles. The company now offers digital service to Federal Way customers Comcast has also begun replacing existing copper cable trunk lines with fiber optic, which can be configured to carry video or data transmission signals. 10.5 GOALS AND POLICIES FOR CITY ACTION The Private Utilities chapter provides an opportunity for the City to assist utility companies in delivering efficient service to customers, and to seek to reduce potential negative impacts on the natural and built environments. This section builds upon system descriptions to identify issues and sets forth policies to coordinate the provision of utilities with City planning. The GMA requires that the utilities element include the general location, proposed location, and capacity of all existing and proposed utilities. This has resulted in cities and counties becoming more actively involved in the way in which utilities are sited and provided. In order to protect both citizens and utility customers, the City will work in accordance with the following goals and policies: Goals PUGl Work with private utility companies to allow them to provide full and timely service that meets the needs of the City's residents and businesses, both present and future. PUG2 Work with private utility companies to allow them to provide service in a way that balances cost-effectiveness with environmental protection, aesthetic impact, public safety, and public health. Revised:!002 2009 X-12 FWCP - Chapter Ten, Private Utilities PUG3 Process pennits for private utility facilities in an efficient and timely manner, in accordance with franchise agreements, devel ment regulations, the FWCP, and adopted codes. PUG4 Ensure that development regulations are con . stent with public service obligations imposed upon private utilities by ederal and state law. Policy and Issue Statements Issue Statement: Provision of Timely and Economic Se ces to the Citizens and Businesses of Federal Way. Partnership with private and public service providers i a continual theme of the FWCP. The City plays a critical role in the provision of privat utilities. The City approves pennits that allow utilities to build transmission towe lay distribution lines, and connect customers. If the City responds quickly and a ropriately, it helps the utility companies respond to customer needs quickly and effi iently. However, the City must balance these considerations with its other responsibili . es, including bringing them into compliance with due process, ensuring consistency wi the FWCP, addressing aesthetic impacts, and protecting the natural environment. There ore, the City must continue to communicate with utilities and periodically review the. needs as well as the policies in the FWCP and its pennit processing to ensure that the suIts are in the best interest of Federal Way residents and businesses. The City must also be mindful of the need to provide a choice of energy sources to Federal Way's residents and businesses. Choice of en gy source is important because it creates competition in the marketplace that helps to ke p costs down. Providing alternative energy sources is also important because if ne energy source fails, the other may be available. Policies PUPl The City's right-of-way pennitting process s ould not unnecessarily delay the expansion or improvement of the utility netw rk. PUP2 The City will, if possible, coordinate with 0 jurisdictions on proposed utility improvements that impact a multi-jurisdictio al area. PUP3 The City should work to encourage, to the extent possible, the supply of all utilities to existing and new homes, offices, industrial, and commercial buildings. Issue Statement: Coordination Between Utilities, Capital Facilities, City, and Private Developers. Revised :!002 2009 X.13 FWCP - Chapter Ten, Private Utitities The costs of pipe, cable, or conduit installation can add significantly to the cost of providing service. Installing utility lines, which follow existing right-of-ways and easements, can also create disruptions to traffic and cause damage to pavement and landscaping. These costs and disruptions can be reduced if utilities share the same trench and perform work simultaneously. Consequently, the City encourages utilities to continue exchanging information about plans for expansion, maintenance, and upgrading of facilities. The City presently provides information to all utilities about its public works projects, such as street improvements, which may provide opportunities for installing new systems. Policies PUP4 The City encourages the joint use of trenches, conduits, or poles, so that utilities may coordinate expansion, maintenance, and upgrading facilities with the least amount of right-of-way disruption. PUPS The City encourages utilities to inform one another of plans to expand or improve utility services. PUP6 The City will endeavor to inform utilities of upcoming improvements or expansions that may provide opportunities for joint use. PUP7 The City will endeavor to notify utilities of proposed plans to make highway or right-of-way improvements. PUPS The City hereby incorporates by reference PSE's GMA Electrical Facilities Plan into this private utilities element as now existing or hereafter amended or adopted. Issue Statement: Energy Conservation. State and federal law requires energy conservation in building design. State and Federal statues also require that power providers implement energy conservation policies. In accordance with these mandates, PSE has an Energy Select Program that provides information on qualified contractors for potential customers. State law requires that the City's building code conforms to the Washington Energy Code (WAC 51-11). However, the energy code sets out only minimum standards for energy conservation. Therefore, cities have developed conservation conscious design codes that go beyond the minimum requirements of the energy code. Policies PUP9 The City shall, at minimum, ensure that its buildings comply with state and federal standards for energy conservation. PUPIO The City will endeavor to work with utility companies to promote and educate the public about strategies for conserving energy. Revised ~ 2009 X-14 FWCP - Chapter Ten, Private UIiIities Issue Statement: Importance of Telecommunications and the Information Superhighway. Society is in the midst of a revolution in information and communication that is changing the way that people interact with each other. For example, today, many of the transactions and communications that make up the majority of our day are possible from a single workstation. This revolution is being fueled by recent advances in computing and telecommunication technology. There are several technological innovations that have stimulated these changes in our lifestyles. including: fiber optic cables, the "Integrated Services Digital Network" (ISDN) and digital subscriber loop (high-speed communications over copper) technology. These technologies combine to expand the capacity of the telecommunications network. This expansion allows the provision of a diverse range of services on one system including. telecommunications. cable TV, radio, business services, shopping, and professional services. It will also be possible for institutions such as schools, universities. government, and emergency services to broadcast on this single system. Technology is also being developed to expand capabilities for transmitting information. In the past, one could transmit voice by telephone, text/graphics by facsimile, and data by modem. Now it is possible to transmit video images, and potentially to broadcast to a mass audience using these new technologies. These advances in technology are forcing telecommunication companies to reevaluate their business strategies. Technological change has made it possible for all services to be provided on one cable, and companies are jockeying for position to create that system. These advances have great potential to alter the way we do business in Federal Way. For economic development reasons, the City must ensure that the atmosphere for investment encourages companies to bring these advanced services to Federal Way, and that the community's growing needs are addressed. It is critical for people and businesses to have access to the information superhighway if they are to enjoy a fully active role in society and the economy. In this sense, the information superhighway is analogous to the road network, where all citizens have a "right-of-way." For this reason, government has an essential role in ensuring that the right of citizens to both receive and transmit information is protected, and in ensuring that municipalities maintain their ability to regulate information providers in the same manner that they regulate users of the rights-of-way. Policies PUPll The City will encourage and work with telecommunication and cable companies to develop fiber optic cable networks and to increase interconnectivity between different networks. PUP12 The City will endeavor to work with utility companies and other public institutions, such as the School District, to develop a full range of community information services, available to citizens and businesses through the telecommunication network. Revised 200:! 2009 X-15 FWCP - Chapter Ten, Private Utilities Issue Statement: Health Impact of Electro-Magnetic Fields (EMF) and Microwaves. There is much public and scientific interest about the health effeets ef Eleea-e Magaetie ILiekJs low level Electric and Malrnetic Fields (EMF) a:eated 9y the eleetrieity Bapply system emitted by the use of electricity and its impacts on human health. This iatefest has f0salted primarily ReIB stedies that seggest a pessiBle liak Bet:/eea EMF aad eeR&ia feffRS 9f salleer. Hewever, Eltis statistiealliak Elees Bet aeeessarily iadieate eCNlse aBd efreet relaaenships. Ceasidefil91e Feseareh is eaderr:ay, sepperted ia large pafl: BY the $65 millieR faRdiRg pm'lisiea ia the NatieRal Baergy Peliey f.et ef 1992. Pliget Sel:lRd Eaergy has takea 8ft aeave mle ia this debate. He'Never, there aFe, as yet, a9 agreed l:lpea safety d1reshelds ef teleRlllee levels fer human e~esl:H'e te EMF. The National Institutes for Health and the World Health Organization have done extensive research on the topic. and have been unable to find a conclusive link between EMF exposure and adverse impacts on human health. Because EMF eXDOsure is not recognized as a health hazard. it is not regulated by governmental agencies. Electro-Magnetic Fields are found wherever electricity exists. EMF are generated by high-voltage transmission lines, low-voltage lines, and substations, as well as electrical appliances and devices found in homes and businesses. The strength of an EMF depends on the amount of current flow, not on voltage, and current is a function of energy consumption. Research is. clear that EMF are not blocked, reduced, or altered by most solid objects. This means they are not blocked by vegetation, or by any form of screening, or covering by earth. It is however, important to note that EMF diminish rapidly with distance from source. R-eseareh en bed!. ~ aod mierowaves has been eena:aaiel:ery and genemlly iosensll:lsive. Hewe"ler they are issl:les that must eeRtinl:le te Be HleniteFed. Petie}' respeases t9 dtis issue RHlst be ~d as mer-e iBformatioa beeel8es available. Research on EMF and human health continues in the scientific community. PSE continuously monitors the results of this research and operates its electric system in compliance with all applicable safety regulations. Policies PUP13 The City shall continue to monitor research into the health effects of Electro- Magnetic Fields (EMF) and microwaves. The City will take appropriate action once definitive conclusions about health implications are reached. Issue Statement: Environmental and Aesthetic Impacts. Utility systems have a broad range of associated environmental and visual impacts. Much of Federal Way's electrical, telecommunications, and cable system is mounted on overhead poles. Pole-mounted systems not only reduce the aesthetic appeal of streetscapes but also contribute to system failures and power outages caused by falling trees and branches. Undergrounding utilities is a potential solution to both problems, but must be balanced against the cost associated with such undergrounding. Revised :!Q@ 2009 X-16 FWCP - Chapter Ten, Private Utilities As with other types of development, the impacts of utilities on environmentally sensitive areas need to be evaluated. These impacts are addressed in the context of broad environmental protection policies in the Natural Environment chapter of the FWCP and through measures for protecting critical areas in the zoning code. On the other hand, there is also a need to provide for the location and continuing maintenance of essential public and private utilities in environmentally sensitive areas, if no feasible alternative location exists. The existing Federal Way City Code (FWCC) makes provisions for this in the environmentally sensitive area provisions. The FWCC sets out some requirements for undergrounding utilities in new subdivisions and in existing right-of-way in accordance with the WUTC. These exemptions include the undergrounding of transmission lines 115 kV and greater. The City should continue to work in partnership with the utility companies to further address aesthetic impacts. Requiring undergrounding across the entire Federal Way area is prohibitively expensive. However, there are key areas, such as the City Center and along Highway 99, where undergrounding of utilities is important to improving the visual image of the area in order to stimulate economic development. The City should work with the utilities and also support statewide efforts by WUTC to devise a method of paying for such improvements. The City has a right-of-way vegetation ordinance that allows removal or pruning of vegetation within rights-of-way without a permit only when there is imminent danger to the health, safety, or welfare of residents. This process could be further improved if the City and utility companies prepared a right-of-way vegetation plan meeting utility needs and addressing environmental and streetscape improvements to be made by the City. This approach to streetscape is particularly important in the newly developing City Center. Policies PUP14 To the maximum extent possible and based upon applicable regulations, the City should require the undergrounding of utility distribution lines in new subdivisions, new construction, and significantly reconstructed facilities, consistent with all applicable laws. PUP15 To the maximum extent possible and based upon applicable regulations, the City should work with the utilities in preparing a plan for undergrounding utilities in areas where their visual impact is critical to improving the appearance of the City, such as the City Center and along Highway 99. PUP16 The City should, to the extent practical, work with utility providers in preparing a right-of-way vegetation plan that ensures that the needs of landscaping and screening are balanced with the need to prevent power outages. PUP17 The City should require that site-specific utility facilities such as antennas and substations be reasonably and appropriately sited and screened to mitigate adverse aesthetic impacts. Revised 2002 2009 X.17 FWCP - Chapter Ten, Private UliIilies PUP18 The City should work with the utilities and also support statewide efforts by WUTC to devise a method of paying for improvements associated with environmental and aesthetic impacts. PUP19 Through its development regulations, the City shall continue to address the siting, screening, and design standards for wireless/cellular facilities, substations, and antenna facilities in such a manner as to allow for reasonable and predictable review while minimizing potential land use and visual impacts on adjacent property . Issue Statement: Planning to Meet the City's Future Needs. The plans for system improvements and extensions described in the Private Utilities chapter are based on the population and growth forecasts provided by the utilities. The Land Use chapter will provide utility providers with information on where and when new growth will occur in the City. This will allow utility companies to plan for expansion of their systems to meet future needs. The City may assist the utilities by continuing to provide them with future plans and by soliciting input for future planning projects. Policies PUP20 The City should provide utility companies with plans, forecasts, and supporting data to assist in the proper planning for utilities. The City should integrate communication with the utility companies into its Management Information System to allow for fast and efficient communication. PUP21 The City should encourage utility providers to base extension and sizing of systems on the Land Use Plan in order to adequately serve anticipated growth. PUP22 The City should encourage utilities to provide them with their utility service plans to allow better integration with other utilities and City plans. PUP23 The City and utilities should be encouraged to develop an integrated Geographic Information System (GIS) to better serve mutual needs and those of the public. Revised 2002 2009 X.18 ... f >C t 0 it! c I >-.m -a l ~Q. . . J I' ~~ ~ ~ :: _cu !l >- ; f ~ t!.~ "cw ) . I Ii <Dc Ct.-a I J ~ Ii i.! Q.c -~I c(:s LIJ ) i La..CI) :a.B ~ .. I I l! )1 oc.. ..0 J GI . 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J I J J I D:~ ~ ~ J o i '" ~ ~ ~j :~,II ..0 I Jo i <1% If. )( f I' i II i~ ~ if :!I ;: ::> ~1 -; Jl t"O "J sa! f~ A ~! ....(( II Exhibit B Composite Map Location of Site-specific Requests I -1 l.._ rJ -....--------..-..-..-..-...".....'t....,\ .....,-. , 'l..r~l \ \."..-- \ \ \ \ \ \ , , \ \ \ \ \ '- ....... >. ~ (ij '- Q) ai LL ....... o >. ..... .- U 11 .s"1 ;1;" JI.c a.CJ l~j I~)I u.. l~tJ en fe a~i . .e ~ ~ Q) ~ .. Q) .- IX tn a. '1:J o ftI Q) Q.e :E ~.' or: o ~ o ~ +; u - t It h ._, f:. !1 JI ! I I fi..! f i ~ ~iJt 1 r;III.&.' Q. m:: '" I . . I . _I . ..J t_J . ... ... f') 14) d o <1z . .."" .." i l I I I "MY"~ ,,// ,. / / / / -" ,// I I i ~ " "- \ /. \ / \ . -----.-...! \ /' r i ;' I <. . ___J 1/ L.... v L.... I j I /--"j. ( / , .." M )/ " / .~/ . ." i 7" , ,- r- ~/ / , r'/ /. I l ~ /' _-....I' /~ . / / ,- ./ .,./ ./ / , /' ,. l ./.;1 :! A ' f'.',l.." .1 ,", ~/ { III /". j j'IJ/ / / . .,.. ,," ..J.J ,S / 0\ ,. ~//rJ f' /./ .' r ~/. ./' .J jl .,-- v / .." ---7 ,j\ /'---' . ~~"""'" - ,/., ,/' V . <, --::;7 //,/ " /" ."..... {' /"/ ......" "''''.;,. ......J. (",:~/.,.. Exhibit C Vicinity Map Site-specific Request #1, Federal Way Village ~ 'EI ~ i - ~ iiJ >- ~ · J - I i"I' >- fj e i':o ~ ~ CD ~ I j f 6 :t ~! ~ 21 - ~~ l!-!:2 ~ CI)=!8 N -0>8- o fI) E CI) en 1 fA LL ~ m N ~II 0 "I ~ !8f u. ~ j[]~ 110 l <{% ~ Ii U SN 'U nl.,] I ~~OBI ~dCJldd c:u II .<1.. ............., ~ M r [ill r-1,.., r-<" ~I I ^YItl.IIi~ · U ~~" po :..: ;~i :.: .. (}........),t I f ~CJ' Ifl: ~~_~:: I: ~ ~.g. ......1;:.. ;;; ~ ] ([fi}~~4vll~ ,,~~ =~' u~i-~=:~~;-i~ ~ · AMH ""''''''' · · AMH -~... .! ~ h i ~ ~ p = f~ ~. :::::> ] 0 fb{ · . dl 1 ~ '. ~i>. eo ~ ~ i ~ ~ I I ~ i &If&! ~ err ~ DID. V'~Ji~~ if ~ ---; <Q, ;1 I"'IW~ ~~Q ?$~ '''' I. Lelfl ~~A ~ ~ ~ ~ p ~ Q 7 ~--- h /"-.-" 1r=1 1 ~. v- ~ ~ . 1/ j I '-= Q ~ III ~l~ 7u . ar ~;~ ~ & cu _ f!Jfl'-;;~ ,~jtii 00'-"0" ..... '8 m ~~:" d I ~lkJJ ~ ~l~ ,\!J vi.I I y if dl~! Exhibit D Vicinity Map Site-specific Request #2, Nguyen fIJ ~ w I c:;- s: i i ~ f ~ m 1~1 !lilI ~.~ 10 10 <1: ~ II ;:; r ~ 1. i 11' c~/.~........,..~. ....m...'V'.......i......i ~ CD · 0> .... ID rn J ;:rr~\~ ....... \. f) :' M ~--'"' W~d~.\ ". .. ~'- [JCf[5J;> ~r . ~ D . AV H.1'~ "- ~ ~::: ~ ti .~~ 'Tj ~ ~~~Hii~..~ ~ g ~I""- G i F 8 ~,m m 0 ffi_L,UI hfJ ffi illlJJ !jj ~ ~ - cs ~ U) l rT tJ' Nr: ~\ ~.. .......1 [] S AMH ?1:lIOVd.. -S:. S AMH OI:lIOVd_ g., LI bLCT LJ ~ '" c.:l A 1... l.!'ill L... c.:l ,[ 1 :: ,. 1_~ '! ~ = ~ h ~ = I 1- ~"-." f.1 ~ 0 I. f EO CJ =" ~'L rGJ CJ:J clf.. & ~ ty ~~ I~ - f~i.l~ II: - ~;~ Dc r- r- ~ t:. w~:I~i = L- " '"U "-" 0 r CD '\' = .... S^VHJ.S~ .'. ... J'I\--.J"ll ~ \' Fc\. ~ \ n...-J r=Fll (IJ · ,r I. ..... ... '. V f'o-.... .... r-t \ \ ~ , -. I iti. -- "1 ,., ,. i OJ ~ 1 c: :; - !~B ~ i~a ~ I~]i LL ue.; '0 J. a.,! ~ ~88>> .- U) 0 .S U S~ l....J ~ -I U ~= N =- 1 ILL. - fn c~ cui ~a::: ::sy :1 en CD ~ CIJ Exhibit E Vicinity Map Site-specific Request #3, Pacific Heights "!I ~ -"8' :> 1=" => !~B ~ i~a Q)a:._., ~ i~! 2 LL U .! .91 '0 J. a! ~ .~t o .s~ ~ U):tt "1;) -i~ .- i CD 0::: ::t:(,) CJ~ q::eI) .- 0. CJ(fJ cael) Q.:!d en I i .- _ f ! f J I I[) 0 I .1 w - 1 ~ ~ i it ~ ml ~t I.'a .. ~cu II ~H. (( !1 o <1z c:;;:J JmO · f 8 ".u. :a~:J. 2~~ s;! J.~ :t .GlS c! VJ 'fi i 'li"N ! ,d~ = ~ = = ..... :E l:=J a: (.. ~S) S AMH OI:lI:>Vd OOB1INH Ot. Iil Q o D ~ H O':I'OYcI (.) 51 ~ CCl ! i a: >.....~n()~qu!)( 1IIJ!l := "e E_ ::;-' >\~ - .- (j0 III >-Q.......... ! ~ . '0 - :E ~ CD III "CO...., CD CD... 01&. iti. Exhibit F Approved Master Plan Federal Way Village "'"1=-1~~~~~::: I lI'-=r-J:~ I ffiEitli5i_= I ~ I <t I . I ~~^1~:~~~= ~11 Si:l33N19N3 9NIJ.lnSNOO I!ImI wO~.lr^!:)wse'MMM G~G~ GICJ~ ~ i!l ::! ~ ~ !1! ~ ~ il! _ ~ " iI: DODD "'~ ~~ ...$ "'j!: ~ t..;. :g 0: LCrJ I l~1 ~ ~ ;: III <( UJ ". o UJ (!) Z ~ :i I- a: o z ~'."" - - - - - >---':":--.. -- <-.0.-. L,~i<O '~I ' 0 ~ it ~ ::> ~ 1ii a. i: III Z ~ ~ 6 CIl z o i= () UJ rJJ U. o ! W i UJ J: I- u. o ! W i UJ J: I- u. o z o i= a: o a. <( "'~"M ~!t<l"<1 l:I"!'.......'l:I...31!^iO NOlONIHSYM NVld 3dVOSONVl 1VI0ll3t'11'1OO lVCUd30NOO A<M "MOO" 3DVlll^ AVM lVl::I303=:1 Qll '3DV111^ ^VM lV1::l303:1 . 8 it o $ i!: i ". . ~ ". cL -:: a.. 0 ". '" Cl > COw ~s: ~t= ~~ o~ ~~ r~ ~! 0'" 8 III r il9 h 'Ita I, _. ii ~ it \: ; ~d: I,"dl Ii i l~'i Ii ~ lh II! ~ H~ i'Q'i.t: ! ~ ~~l !; !!l I: ; ,,'I lil H'i ii ~ if. rJJ'lil ~i!': ~,l. ,II Oil ~ l,,l- ZI'..J ... Exhibit G RESOLUTION NO 00-318 Settlement Agreement, Waiver and Release .......... ~ RESOLUTION NO. 00-318 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASmNGTON, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH THE CITY OF DES MOINES AND GRANVILLE SOUTHERN CORPORATION. WHEREAS. RCW 35A.14.0 1 0 authorizes a city to annex any portion of a county not incorporated as part of a city or town but lying contiguous to the a:nnexing city; and WHEREAS, on February 20, 1998, pursuant to RCW35A.14,the City of Des Moines ftleda Notice ofIntention for the annexation of the area known as "Redondo Riviera" contiguous to an eastern boundary of the City of Des Moines; and WHEREAS, a portion of the easter,n boundary of the "Redondo Riviera" annexation area is co-extensive with the Potential Annexation Area ("PM'') boundary set forth in the Agreement Between the Cities of Federal Way and Des Moines Relating to Potential Annexation Area Designation, dated December 16, 1996; and WHEREAS,..on,August 14, 1998, the King County Boundary Review Board issued its Resolution atidBearing Decision approving the proposed annexation, concluding that the proposed annexation tends to accomplish the pertinent objects specified in RCW 36.93.180; and WHEREAS, Donald and Marie Tavis and the Granville Southern Corporation, owne1;'S of property ("Tavis Property'') and the holder. of an option to purchase.. the Tavis Property~ respectively, brought suit against the City oEDes Moines, the City of Federal Way, and the King County BOWlc:lary Review Board, assertillg tha~ theann.exa.tion should not have been a.pproved ORD # 00-318 . PAGEl @@~w' because Granville and the Tavises own property on either side of the annexation area I P AA boundary, and that Des Moines and Federal Way should be ordered to revise the P AA boundary; and WHEREAS, on March 31, 1999, King County Superior Court Judge Dean S. Lum entered a decision affirming in part and remanding in part the King County Boundary Review Board Resolution and Hearing Decision; and WHEREAS, the City of Federal Way, Granville Southern and the Tavises appealed Judge Lwn's decision to the Court of Appeals; and WHEREAS, Granville Southern and the Tavises thereafter entered into settlement discussions with the City of Des Moines and the City of Federal Way concerning potential future development of the Tavis property; ~d WHEREAS, in anticipation of the annexation of the Redondo Riviera area by the City of Des Moines, and of the ultimate annexation of the area located between the Redondo Riviera annexation and State Route 99 to the City of Federal Way, and pursuant to RCW 3 ().70B. 170, the City of Des Moines, the City of Federal Way, Granville and the Tavises have negotiated a development agreement, a copy of which is attached hereto as Exhibit A and incorporated by reference; and WHEREAS, the City Council held a public hearing on July 18, 2000, to receive public input on the proposed development agreement; and WHEREAS, the City Council finds that it would promote the health, safety and welfare of the citizens of Federal Way to approve and authorize the City Manager to execute a development agreement between the City of Federal Way, the City of Des Moines, Granville Southern Corporation and Donald and Marie Tavis; and ORD # 00-318 , PAGE 2 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section I. Findings. The City Council hereby finds that: A. The proposed development agreement litQjtsthe density .of devel.opment .on the Tavis Property by limiting dewlopment t.o n.o mare than 85 units, constructed in the farm .of single-family dwellings, .duplexes,and One tfi:plex. B. Fewer units wouJd be permitted under the development agreement than allowed under existing King C.ounty devel.opment regulati.ons, and would be less than applied far by Granville Southern. C. The pr.oposed devel.opment agreement will n.ot be detrimental t.o existing .or potential surrounding land uses, because any devel.opment will besubjectt.o t4e requirements.ofthe development agreement, City of Des Moines Code provisions concerning drainage, landscaping, parking, traffic, height, n.oise, and future use, and City of Federal Way Code provisions concerning si~s. In addition, the development agreement provides for the voluntary payment by Granville Southern t.o the City of Federal Way of Granville S.outhern's pro rata share of the cost of two pr.oject$ on the City of Federal Way Transportation Impr.ovement Program, which projects will be affected by traffic trips fr.om new development.on the Tavis Pr.operty. C.ollectively, these provisions protect the existing and potential surr.ounding land uses from potential adverse impacts. D. In light of the Findings in subsections I.A - l.e above, the proposed development agreement bears a substantial relatiol1 t.o the public health. safety,and.general welfare of the City. Secti.on 2. Conclusi.ons.of Law. Based.on the Fin<ijp.gs of Fact set forth in Section 1 above. the development agreem~nt is consistent with the criteria set forthinRCW 36.70B.170. ORD # 00-318 ,PAGE3 Section 3. Development Agreement. The City Council hereby authorizes the City Manager to execute the development agreement attached as Exhibit A hereto, and to take all further and necessary action required by the development agreement. Section 4. Severability. If any section, sentence, clause or phrase oftbis resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution.. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASlllNGTON, this .18th day of .Ju1y , 2000. CITY OF FEDERAL WAY ~~~.'./~ . YOR,M1,. P APPROVED AS TO FORM: ~(!.~ RIM CITY-AITORNEY, BOB C. STERBANK ORn # 00-318 , PAGE 4 FILED WITH THE CITY CLERK: 07/14/00 PASSED BY THE CITY COUNCIL: 07/18/00 RESOLUTION NO. 00-318 K:\CD\ORDlNA\GRANVDEV AGR. WPD ORD # 00-318 . PAGE 5 c; t L ,:t A ~J) llit\L.-':-~-: J.t ':1 ~~~ WI' - - ", (:::1. f\~ <, " 'I t(>>.rg~ ~ 00-3l~ .; OEC/')~':')"~ ~ AGRDMENT, WArVQANDREL.'EASE lJ)' Alad :Betwcq GRIrrlDe SO.Olml. Colporation, DOD.IId &: Marie Ta'~ Aad '1111 Citie$ Of Dq Ho"'cs ADd l'edhl:Way WBER.EAS~ tho City of Des Moines ~ Moines; is a 1I'JllQieipa1 OOIpOlation 0IgIIDized UDder {be laws of tho Stale ofW~ aDd has authority to e.md laws and enter into ~ 10 promow tb health, safeLy. and. weJ.fire ofits ~ m:td ~y co.atrol the use aDd dl:MllopmClU otpropc:dy ~ its jmiadictioD; . WSJ.mEAS. tho City ofFedQ Way Mi'ecba1 Way>>) is a~ ~on orpt'\i7ed lmder the b,m of the s_ ofW~ IDd bas authority to mmc:t Jaws lI1d.entcr imu aar=ncnts to promote the kaltb. Afi=ty, - ~ afita titi...ms. ~d theceby C011trol..~..~ WJd cDvoJopmQ'lt ofpropertywithin its~ , WBPJUlA.S, cmmvmo SorItl1G ~ ("'GnaniIkt SWChaw., and tho marital Co:mratlDityof Do.oald and !4arlc Tm, (~-X~ Southam BOd Tavie sha11 bc:rcafter eo11ectivc1y be refcecl 10 as "Gnmv.ilId' (Noto:: 'tho term "GaaviIle" cpteaBly iDc1udes "Coa.sta1 Pacific ~ ~ '" the.name ortho app1fcmt ratlected in some Xi:Dg Camty 1I1ea ~ lritb .. ~ced .,ncatiOlU ban 1ile4 an "iPPlioati011lri1h XIDJ Couat,y 1IDder XiDJ Cotmty Pcaait AppUcaion 801C0210 ibr IIJPo981 otll ~ pl'Ojcct OD real JMo~ty ~ PJop:dt') known as Pacdtic Place.. ICiug Coumys code, ~1icN. 2II2d 1aDd use CGt11rols, tbt:Ribro, apply to Did ptoJeot. Tm. 0'9t'DI the GlmviDo Pmpmy which is lcplly ck$cribcd in lb:lu"bit A .~('hed beteto. GtauviUo Southern is.an&r contract to pmvhase tha Gtl:MDe Pro~t, :fram Doaald md Mario Tavis; . WllB.tW.AS. IGu..r Couoty'a,codf; IeStltNions, aM Jmd ~ COI1tIob app~Je to tho G.ramil1o ~ ~ projeet known uPacific Place filed wi1hXiDg County uuder KiDs CoDQiy P=mk Applbation 80'7C0270 would aJlow for more ~ less open ~ ad otbv d~ fha;Q 'Would be CUttCIIltb" aUowcd utKWr ~ M'oioe.os' ~ replatio.us. iIr1d land u.se ~la; .. :7:'t ~ 00 or .Aupst 13, 1998. the BRB issued a decisioa approving the ;qme.xatiml of ~b;!.ow.n as tho kedondo IUYiDAm1~ Area, File No. 2016. wlrlcb ~ a portion Oftbc. .Db.;eetreaJ property into tho City orn. Moines; WlDIRBAS. GranviJlt Sled an ~ orb :BRB.s anne::catiOD, ~sioa with 1be Xi:ag County ~or.Comt 11Uder Cause :No. 93-~.19694-7XNT_ SubseqlUlDtly. the coort CODdud.ed a hMtiog aQCl~'a wrltbla. ~sion ID4judpClD1; ~ an. -W~ and ~ 'Wf:tC 'filed .&om said King Cou:uty Svpcaior CO\tlt'$ decisio4 in rhc Wu),~ ~ Court of Awca1s. DMoir;JD t ~ Causa No. 44528-6-1i WHER.!AS>> " the p~ wisla. to settle the litiptiou. devdopment )$JQ.eS, ~ d:1e lUldedyiPg ~tet, inc1udmg, but I!Ct ~ tQ, Cl'iu1~~ of the appJk:ablo cocle, ~p1ations. and laud use ~ s.ett1~tAgre=nent" '" ~ ~ Release Page2of8 contrQb applicable to ~ GnalvilJo ~ dlWeJOpD;lentp,tOject known JAB Pacific Placo:filed with IGnz Coumyundcr King ~ Permit Appliea1ion 801C0270. ma mutuaUy satis~IY 1Unl1et; WImRRAS. this Sdt1==at ~cp.t, WaiverlDd ~lease (h~ "~eemcnt1 iI Qrtcnd iu.to b1 aM between Grmri]Jo, ne. M9ma and Federal Way (coUectivc:1y~ced I4S "Parties', to resolve legal Jl1BtbQ .~. out of J~ tMwn u G\'an'riIle ~@~Co~ratiOD.. et ~.v. The Wubinl!ton B~Review~()at4tr lGDf anmtY'. et ti..IC1ng County SlJperior Cmttl Calue No. 98.2.1969+1 KNT, and (#mvill~8c\1them'C<a. et'tl v. De Ci1;v Qfl'edcr1!J Ww, et a!,. Com of Appeals Cue No. 44518-6-1, iD4 to 1brcc:1oso fartb.et e:laicm, dam.a~ :rcqnesta for iDjmIttive rcli~or diSpPtoa ~the pdci.:tdatcd tp.slidInltters.' NOW~RE, in consideradou af.tbcrmnual pmnises ae.ttbrthhettiJi, the:~.agreeaS fOllows: . .. ;';::.i:"r!;; 1., GmrriUe, pn its 0WIl ..~ ita heim, agmts; 1msiuess p.-tDcn. hwestozs, optlonecfl9ptionors, u;ceutm. ~and _~ does herc&y~: eIcb.;md e'Very ODeoftbeParties, tboir ~..~_-. of6cQs, of6cia]s"ClDPlOyces. ~_ ad attorneya. both.~ anclin bit ~ 'lttl1ftot..C capacities, 1iom uny.. aU claims. appeaII'ordispqte$ bet1reQl GIazMUo BOd tbe. PaI:ti.,:~joiutl)' ~ ~) that have b~C)r ~ havo ~ JaiJcd JaQr.arrill~ ~~~0Il._.~ Y. The Vl'1I~~VotlnCbrv Remew Board~r TlPV~. el at xma~~~Cow:tC~ No.. .98,.2..19694-1 KNTlI 07; any eppeab ~lato4..~'1ioJa any olU#...~....~~ atisms out ofo: ~...1Q tho at)' 01 Des Mome:.. :hdcmdo Rivirn n>>~0D, ~~tlXl8cti_ of my party m.~vg~ alio~~ CUC$ Ol'm CIIltetiDgjQto this. ~~t. ~howm:r. it~~J1yvndMWod and ~ 'that t.bj"panpyh abaU hlno. WJybat e:J1.Y party nom. 1WDg ," . 01aim, dotoand, pr llWlRJit tor I,pCQiBopliOdLaaauce oftht teams-.d ccm4iti~ offbis A~ or fur c1a:rnages ~out of breach of~ ~ BDdC>>lJditiQD&tJ.ftbis~ 2.. GramIille war.r1IUtS _ ~t1Jat itlw Dot 80)4, ~c:r.red, or otbetwiao Uligncd all QI my orb interesb in -.v'o(its oIairnc, .JeqUeSti A1r ~f or .0ausO$ of aQtWn roleased ~ ..~ that it f.t aolcly to waivoau<l %!1ea$e sai4 mattcn. In supponof th), ~D and in mppwtol .~ qreestomdttnnifyaDdboJc1 har.m1ess Kf111q1(}&l1 oftbePBxtics. and auyp ................. .or~fitiCJ covem:l bytbia ~t d aq .am.a J?~D, COItIJ>I!2Y or .dty for 8IlYcJlIm".p:s, ~ts. ~ fee40r other ~ in 4cfmding my actionbtol.1ghl"1~. ~.~ ~810 hol<lan intetestifotu armnne based OJlthc app_olaima 01' causes ofaetioJ1'cCClrJ,pU8ed b,ythls ~ent.' , 3. A:f, ooUidaadon fbr... .~..","~~ ail.d ~ '!ho .wrom and .~ of this Agt~ by Jhe'Partics,. .~...,~ lOdilmissWJthprejll~itscros"..appcalDOWpencting bme.tho W~Cou!:t of A:~_tJedGrlnvDk-SputhemCc>TJ), t't-al Yo. The Citv 9f p~". W~, et. al. Court of'~ for ~~ SIat6 ofWasM~ ND.. 445~1, exeCutoa sdputatiQaprovJdiDgfbr "acat!OD9!theFfoal J~pI;~o~~by~lIca\onbloDeau LutI1.iAGIWYill$S~.~. f .st.v. 'lJlt!Y1~thill~ Jbvmd~ RevIew Board ..g IGnll Co~tvo <&.~ 1GJ.lg.t.:.oatit)r SU;PcriorCourt em.c No. 98-2.1'694-7 .KNT. lQld di~ witb e- ll. .. . t \ ~tt1em13 Agree.mc:nt. '\\ << and B.ole8$<) Page 3 of8 ~ Ua appeal in Cause N'(J. 98--.2-1.9694-7 KNr. '~howm:r, aba11 not be ~ to ~~~W~_&~-~~~~~~Ch~~_~ pending and vested with ItiQg Couaty'. iDabIdiD& 'but JlQt.Jimitocl to, the IlpfJieation filec1 =cIet l<:U3gCoulltyPe.tmit .App~ 8C1JatDO. <mmrino. however. ~ ~..l2p01l ~on or a poJfion of the ,G:tIbMJ1~ ~~ly to .:r>e.t 'Moinas. as set fbrth hmin. tbst :lgg, O:nmty ~t AppUcatioa 8010>270 Bba1llJo u~~ 10 Des Momcs fOr ~ IllbJ~ w .tl1D, teI'JQI and ~ ofmisA~_ hft ~~1U.1dastood that su~b1ilcIIDg_othcrpcnaits StJl1SlIt tor _fa to h ~ OIl',thD lIUbject~ folkrwing aDDCUlion ofa ~ ofibe GrmYiJlePmpazt.Tinto the City of'D&IIMofDes.sba1J be proc;es:sed 1U1dc1bo 111)11 use ImdbuiJding ~ oftbc City ufDc:sMolDel,.lDb.Jc!etlO the terms ad CODdi~ ofthia ~ , 4. AI ~~tlmtfon for tbe mutuaJ~_ibrthKei, t'hc Patt1CS coD~ auec IS fbUows; A. 11u; Plrties sbtD jOizJ.t1y leek relief; JJ1Odi1iCltion, '~CUt, << vacatiDrl of thrcjudgmeatfiledinRlDa em., ~ Court DDCIel'~ONp.9S-2- l~4.1.KNT.ODtbobuia that all iasuca" claims. _ ~.nUatlVD to sal4 ~&rft')eea CCLyaowfsecJ as rcfl~ in .....~ Des Moina .-.n fiIztJleJ~to mocJify, iim.1i~ aDCS. obrD.b1 all ~ ~<J'ralt ~ ~~ ltivicaa }.~CQ Alea.,~ No.~Ol',,1O that tho~of1beGnuvill"~~~ofthe~~~ of IS"Ava. Bputh."~m the ""lllbsttatihJ Site'P~ ~ed blnto · BJbibit B ~1l be ~ iDtD :Qes ~ '111e ~.~ 1blly o~ t1se ~atIou orllle IIi4 portion ofthc GrqyJBo Property Duo ~ Mo.ines.. ,,~ . W'1thia 15 daJS of.flIe~ ofthi.s ~:o. Moines aad Federal W~ will ~~.,~e 6e public ~ for JIn1ft~ thtdr~local ~ datocI D<<'~l6,n96. te1atiag ,to their rapet.'tive .Foteatial,.A=~ -...I>osi~. l'olJo~ c:omplefion. of thapubJjupIOC*..tben,es M~. Ptc!al'W'1y City CoImctls will ~der .~~erJded l'AAIDtedocal~ wbiob aet:s tbcPAA bmm4ar,y ~,:ou M....IIDCl~Way at tho eaoe edgo otthe,~wayotlSO A,.qeSSMh. ..~ em the lIluatrative Site rlan.~ lwzeto as ~a . c. . Prior to' tho IDD~ of my poJtio4 of the Gtmrillc ~ <1O,~ Moipes orP'cdeblWa)'. Des ~ and p~ Way'sJW1adoptpw- QDa'dvD.~.,.,..,aGI! o1har lad u.w ~ q4 ~ in ~"~t wi14tbe ~ SitePJIli" Bttac-hed hetClO as :exbibit a, and' .tlMt. 'ZOrltog...ItI.d. Builc!lna Dcw10pma ~attaohod herBt.o 8$ adraDitc. . l'D', ~or con1Ucta ~ fbf I11ustrative SitelJan ,rmd Buikb8~t Aareemeut..1Dd Dos Mobles', ri1,s .'Co~Il.or . Fa1cnl1Ways ..~ ~1'e~. ad laud USe (.QDgoJs.tbc :B. . ~. ! SettlQtlJent~. \ 'er and R.elea$e Pa.g~ 40f 8 flJ1lustrati:vo S~ PlIn" ~ hereto as Exbibit B" and tho Zonh1g a.l).d J3uildInJ Dev~COQt Asreem= ~hed Junto lIS Exlrlbit C sha11 control 1>. 'Upon aQtl~on of SIld portion oftbo ~c Pzoperty to Des Moine$. KiD,g County ahaJJ. ~ to Des ~_ tJ&eptOCeadn" at GratMllc~s applitaticm for'tha m1J1ti-famiJy ~Jm8eet"on tho c:ntiN Gnmillo Property laJo~ as Pacific Place emw-.t.d~" ~ County Pcnnit Applieadon807p0270.Said lCiqg County Perml:tApp1icaijQD 807C02'10., sball'be ~~ modified at fba~, ofXig COUGty"Des :Moines, and Federal Vlaym ~'lrith tho "".llltutrativSite .:Pl;m" ~cc1 hereto as Exbi'b.it.~._1he 2'.cmmg ad ~ Developm~ Asrecm- aJbohed ~ ,,",'h3.:' c.. 'J'.wvY-", that""':" Tl"1\iii:rin~.-...... "'p ''''.{.. A."'li .. 807~oa:~bo ~-:nfromXkct~~:iab~C:C;: hav.. bee.sl~~ed at the request of 1be app&aut, and said.tnms!tc man have,tIO ~ on, the vetted statQs of IQl :r:.iq County PettOit .A.pplicatiOD S07C027o. E. Upon laid f:nmIfer, said lGDg COUIIty PcmDt AwlicaiiOl1 801C0270 abalJ bo proclSBed by DesMoinel in ~ 'With tho ferm.t and c:ouditlcxbs ot Ibis ~ It is ~ 1ndentood t~,t~t buihtiug A1ld other ~ts IOUgbt fW; lmlu tn h.~ OA the"Wbject proporty 1bUowinJ~ of., portion offheGnn:v:i1t,l!I, ~i:Dto the City of Des Mome..abaI1 be p.rooessed UDdettbo,1m4 lISCmdboiliQDg codes of th;~ aty, of Des ~R~tct to tho tmnIt IIKlCOllditiOl1~eh1 By ,this ~t, ~ Way C!NI-W to iho ~ofLWd ~cation to the Cityo1'l)es ~ 121d1l1o,pmccss1og ofm(lappli~at\QD audlor~ :Pmnit &.P,pUcadtlnll OIl ~Granv.i11o Proparty by DesM~, subject to tht: 1x:mllt aad,eondi~.~ P. Upon ~bl1 of said P!)1tlou ofthc 0caUvi11, Ptopertyto Des Mo~ De.t Moi:aea shall pzooeas Clnar.Yilla'. at:PJi~()J;lforthe dweIopmottt project on the entire ~ IW,pcijty kao'WJl. as ,Pad& :Place ~~ KiDaColJ.DtY;PermltAppliRtio1l807<::~70.~esball not be ~.tonbmi~.1ilo. or prodw:e ~'~~6md,,~ repom, or jn~lI1intto\bOr tbaa ~usly prov1~>tQ~Pazf;i..,as ,part of saidKqzi .Cp1zDtyPCl'.lPit ~8Q'7C02.70. Itm ~ly ~1bat 1hts,n=tcm~4_be,.~~ to'PP1Y,to ,any.'pmmk appBCatjq.q. filed~oa.o.I.tho OrmYi1Lsl'.ro,patyiDto .~Cit)' of egy .JUoA' pem&it 'app~onthat is xequired1br "~, I>wtlo,pmcuor ~~,otthr: devolopme;ot ptOject cmtha entire.. Granville Pmperty ~ ... PaoificP~ Coft/'1'to,mJ.a~ KiDa 'Cow1ty P~t ~]fcetion . '807C027o. ne ,....asrco.that dw ~Uonpl'()v1ded to thD Parties Dpart of saiel lGngCoutttt Permit App1.ication 807~70 is a:s followS: .- . \ SettIe:mtm Agreement. w c and Release .Page 50[8 · L.Y~um1Jentfl Site ~_ by Earth CoDsulfAmts,. ~ I1.ted ~.23.1997 · . lWad Vau::imcc by nllM: ~ ~ dated FI'}".,."- 19 1S98 . ---J , · ~ GaanaJteo by First ~ Title t~ CtQpany Order No.. 345322.-5 · 'WUdIiiDS1Ddyby Wctlm4 Rescaas.:me. dated Man:h 25, 1998 · Lewd One Dsainage 1lepQtt l1Y Bastsido Comultas:u,. b.. datcid Ausut 25.1W1 .. Geotec1mk:at~ by 1. Keith Oroia. PJi.. date1 Mq 31, 1991 " · · 'IDftio ,..Rt:patt by l>avid If-Uq& ~ wl mble4liu' ~....~ · LweI Two Downstream ~ by bllM Consul1iDg I!n~ dated 1_ 8, 1998 · Teo1mi~ ~atiOD.Report By DBM Qaul1ing EDginccra dated Clcto'b.- 24, 1997 · Wea1aulReport by Wet1an4~ I:oc. dated luJ:y 29, 1991. . I>eIJ )(0],.' teView, p1tlQ0lIIi>>& aQd IppIOVa1 of Rid applioatioa shall be lindtecl to a ,,<<-H.~ that Aiel ~ectCOllJ.p1ics 'with the '"IDUSIrItive Site P1an'- .uacbed hereto. IS l!xhibit B, 1l1e ~ add B'IIildfDg DwdOplQeDt ~&d IOdI:d hrRto . ~ C. md othc:r CODditiom ~ hacliD. ~ Dcls.MoiDcJ shaIl1lOt:crin.. rc:scfnd. or otherwbo ~ ~ ~drkmsly gnmted b7. I(,iDa. Colmty lQJer &aid Xing Coam.y PmuIt AppUcailoa 801C0270. B.mcpt &IS othcnviJo 8I8ted ~ Des !10m. shaU 1brChet Ippn)VI said project ~ect ouly Qd ctdusivc1y, wihrot ~OD. am~ 01' ~ to tQe~ aad eonditbuJ of tho MJ1lumati,,- Site Plazl" ~ hereto a 'RUibit B. the Zoning aod a~ ~ ~t ~edhar,to ... Exhibit ~ _ oth<< C>>1\itjtioal stated. MraiD. Dc;s MofnesIDd Pcdcra1 Way.s'baI1 not obj~ ti\ ~~ orothonrilo oppoaadovoJop:mc:at of tbo Gnmville Property in . acc:oRacc. w11h thc.''Dlustrat:fve $to }Jim'" .~l\he4,hcrcto as Bxh1bit B. the ZoDirJa ~BuilcUDB~ ~..aUacbecI he.nto .. EXhibit C, D other concn... stated lltr.iD. 1'nmded. 1hat Des MoineII 8haU ptOVide . J'cdcn1 Way. ...i~ othlnCC&l{l4). c1a)'8 within Wbich to teYin and cn~ OIl J;J.~ approvalotG:an'Vil1c., hd.fia lJacc pioject. . ",' G. Tho tama_ conditWm of tho "'ll1l1Stl'atiYe Site P18Ii. au.hecl h81'8fo as ~ B, tM 2A:lai:q: IDd ~B,~ Agrea:n~t ~ herc;tc .'Bx:hibJtc, ad ether ~ '3Utcd betciI; can bOA1D"'aded. modified. or clulDpc! lX}JOA tb.a tllCpl'tas wntb!ll approval of Gn.t.Mllc (iU ~ or assi8-)~ Des Mohaa. abIl ~c&rat Way. Q3- , , S~CJ+t~~ '\\ (AI" and kc:lcuo Page 6 of8 H. All process, rcvift'~ .aM appn>'Val ot nb.sCqueDt applicatiotlS :filed i'Cllati:vc to thQ entire Gz8u.ViJle lTopc;n.y, inc.1adiug but not 1io:dtcd to, ~g.. ~ coIlBlrUotion ~ and building Pet211iW, shan bo by DcaMome$ and BUbjed to tho codes regulatiODS.. o~. .,fDes Mo_ Qcept as o~..ibrtb m fbc.~ and COQditi~ o(tho "11lustratfvo Site Plan'" attac;be4 1lado1iS. BxlIibit ll. t!le. ~ an4 :Bui1~ Devc1opmetl1 Apemnent~~ as khibit q, and o~ Conditi01lS*t4 berebL ~vided.. ~fI'. tbat,~ Way .u be give a two ..~ period foltoqwb1nitta1..tc>miOWa:na ~""1rG1 OIl q{d~~ 1 ~City offcr:1Rt.'W.'.1riU diim~...its.'~ :now ptll.'m~~1'f1...~ :W~i~1!~or~~ti~~lI't~O'ffD..cr8l. v.~ Qt"qp~~'\'f'~~ct.1!. Coutt of ~. fOtttfi.oStatc of Wasbhl~ NO.44528-6-1. "ii ....it .... , ]. BiQh and ~~tlu:"~~.PartiC$ agrecto ~ ~ ~rt aadlor cx~ute plMdW,.p:;~ IQd ~ a~.. as well as COIPuct ~~1i~m...8Dy pabUo b~ tJccm:d ~ary to o.treotaate tbe~.." ~ oft'bis .AgtelJment K.. Eaehand ewayone~f111c~ Parti. agROto ~ ~1.daDddefead lbis~i1\tfAO~ofan app~ ~'P.I'.~..l.-mJ to JOt qde, modift. 01' rca&I:"w1d or ~ tis A~. Xt\t1l. cwcnt, tlutt tbiJ .A&recme:ntis..- aside;~ voided, or ~by a COlIrt of law, OAavine!IbIU~ ~ in ita ctisaetion, to.proc:eal witbitll-.w1icatiw for appJOval tII:IdclfXiDgCouuty 'l'=mlt Applic:adon 807C027o. ~ initially filed. . 5. .Altbouah ~ County hi DOt .~partyto tlJis A~CIlt,. tho County Js~a~ co suppqrt.qd tab adions ~ herewith. 6. :l11e Panics ~ and a~. thatthfl (:OUidezation tJ1e pames_. I.8l'CC to ~ in the fotm of ~liJDco with ihe. IIbOye..mClClDCed CODcUtioDa, ~tuteS tl1o.~arties. total offer to resolve Dad Sett1.lIl1YlIDdall~c~ cIamaJcs O1'ctisputeS ..~ theplrtic:s he.totI) BI1d tlW it is 1bD, ~m:l.1Clequato ooDSid~ IDd ~eDDti.01t for.each obr's accepta:Qce of the tca:ma .~ heRm.8;Qd that Jl('l Plrty wiD l'CO.oiw ft17. otho,r qr ibrtbcr COIXidentiO:O@de.rthetcraQa. otthis ~o1be-.t than that ~~ forth ~ 1. In the woat of. that Aillansor i12abiJity of .1110 Parties to eotnply -.nth tJae .'~etmll and eocditions of thi:S ~.. Granv.i1.1o ihaU "..1m, in itl discretIon, to FOceed. with its applioation :lbt IppIUtalunder ~County Pcr.nUt. AppUcation. 807C0270. a iIdtially med. In sue1& lD.evem. f:boCityot'~ !lay and the CIty ofDea Moine&are Iibwise:tiee to commmt upaD, object to; op,p~.. ~eDIO aixVor ~c1Cve'loplneat ofthc O:ra:cMIlc~.tmderKiug Col1Dty PemntAwlicatioJ'l807C0270. .. PWaUyfi~ or Q ~plOdified. ,:,; .. Settleme.nt Agree2Uent, Vi :r and Release Page 7 ofK 8. . This ~cnt may be c:xeclIted in identioaI count~ lor pU1pOses of teCoIdha& tiling, ar proV1di11,g ~es otthia .Agreemeat, the COU1\telpart ~grt"~I)n; pa_ (and my other pagos that are sp=ialIy ""~ by the sipalon) may be imctted into one ot1he cOUlltetpatt5 tocroatc a singlo ~ghW or QOJlY oftbe flD1im &8Z=n=t. . 10. 'IbisAgreaem sbaU bo ~ 1DJderthe laws of the State ofW~ 11. The :Parties hereby ~ ~1hcir ~ 10 (1) cx~o the 8pj)l~iate:aotic:e3 to affeet tti~8Sa1{S) with ~ of.,. ~~appoa1s 01' claims 1be hrtias haYo ini~ agaiDst any o~ P~es) fir mpcrgs,~.\>>9U A~ ad (2) tate an ~wy and}7rOpel: ~toCQSllrCfhat_~~~!~~Ofthi$~ 12. '1"his Agreemeat sball bo bDthig~ the h~ ~0l'S and wigM offbe partlca. Bach of the signatoria J;~!Mr:ca ad wammts that ~ m she has the authority to sigu for his or h<< ~ted mtity. 13. AttDxoeys'}feel. Should it be nemsry for my party to tbiI Apemcnt to iDitiatc lepl ~ 10 aqjuc1ic.to any issues adsblg hareuuderlO the ~ or pcties to SQOb lega.t proc:c:cdiDp W40 ~aUy prevan-.u be eWtled to rcimbursancn1 ofthdr aitomeys' fees. ~ ~ and ~~ (mclndlq 1210 fees and ex.pea.aI bf ~'an4 f.act witnesses) reasocably ~ or JP40 by th6 lII1bstmt1aIly ~ parties in pn:parhts 10 bIiDg hit, duriug snit. OI\ appeal.. Ol\ pctitioJl :for !Piew. md in eniDldng my jlJ4gmcnt or awanJ" fiom the party 01'pqnios who dollOt ~pnniJ. 14. EDtiIc ~ '1'hiJ ~ i$1IIe filii] and CXlQ):pJote ~OD of the agrcemmt of the parties on aU these 8Pbjects. Tbb .Agreomentmay not be m.odi1i~ ~ ame:uded. 'N:ived or rcM>bd OJaIly, but O!2ly by III wtitin,g sigDecI by 1111 parties. Thia.Apccact supenod. and nJplaees all prior agroom~ diacualou _ ~ 0Il1U thcsosubjeds. III otwhieh are mcqed Do. and wpaedaJ by, tms Agn!acDt No party is ente:ing into this Apt.ment in reliauee on my oral or 'mitten ~ m.mc~~t'.. ,.,esectations. ~ in~ti()J1S or ~ otbor t'baIl tJar; cantainca in this ~CDt au4,"tho BxhibitI htmto. IS. The 1uties acknowledge that 1bey haYo bad:fbl1 opporhmity to review. confer, and diSCU8a this .Agreami'mt with 1!P1- CO'III:ISC1 1lQd.d2at their respc:otive legal collDSOl bas adrisecl iIW this Agxeemcmtia VI1id, entOtc.bla. emllepl in all :n:apectB and that the UDdeais=d bldi'riduab ~ve 1UI1 authority to ozocuts tbia.A.srt=- m boha1f' of the ~1'1lties. 16. No .Admission. Notbins eontailled ill this ~ al1a1l co.astitute ap ~.,q0l1 of'lliO.W. WIOJ1Sdoing.1iAbility. or my o1bec kiad, by 8'AY ofthc partit::l to this A~D.c:nt f1t by, mypmom or ectitfea released or COVeted b1 this ~1j prcmd~ how~erJ it is ~sly'~ II II /1 ~ Settlar1eot -Agree:mcmt.. W, Jl' and keJeue Page 80f8 and a~ tbatthis pamgmph $llall in no way bar lW:J' party fio1n fUing a claixn, demand. or lawsuit for spdfic pert~ of the temIs and conditiws oftbU ~ or for dan3agcs ~ out ofbrtacbol'the terms ADd cozaditiol:lB of this AB,m:ltbCDt DAT.ED this ~ day c! ~, 2000. ,d .,' ~~ - . > ~S.~lJI~~l~~ Rred.. M'cClute. AttC):r;oeys..fQi' ~ ~o Soatbem Cozpo:ratioJ:l,. and ~ md'MJrie TaYis ~ -,-,. ,~. For DDIUlltl andMari.;'t~.t -~;I'~ '.~ ~:-:Jttl1.3 =~k(..~~..~ ..., ...,Mo A_:-M~ k,~1ll- ". Atthe~OrtboDcs~'CilyColmd1 ~~CityAUmney atI11Opc:q.fQ1>ic....M~,~..OD. ~"I .zl630lI.A~South,Suite~. . Datedr7V*'~~~~.__. :Dea~ WA 98198 David . 'Its At 0. . 'of 1l1e Fedcn1. Way, . ~~,~;:~ Approved: ~(};-~ ,. Bob c. $tclban\:; W$.A.No. 19514 ~.W., JIitforimpi~AUotney 33530 l'1m Way Sor.uh , Federal Way,.WA 98003-5006 ~ ~ - ---"~ ..................... ...... ...,""....'-U".. l(9\/.l\J - ---"~ ..................... ...... ...,""....'-U".. l(9\/.l\J Exhibit A ' ~ ' ~ fi'~ f": ," ':; '1": 1"7.'. &'1::'" .; ."'1 ~ . " .. "'Z -, DEG ;~ ./ .. t: f,l:~ , " SET.I1.J!MENTAG1lEEMENT, l"fA.lV.Q, AND ~ ' _...-._...._..,. : I GramlIeSoWbea Cokpo+uo..,DoDaJd aM Marie Tms,.~ Ibe Oties of.l>a MoiDa, abd Federal Way PARCBJ., A: TB&NOR'l'HEAST QUA.1lT,.E1l.oF'lm:NO~ Qt1..4.RTEa OJ'TBE $OllTIllUST QUAR.'Dlt.QF SECTION 32, TOl,fflsmp2)NOltT1l,~ 4EABTl' W.M.t IN ~G C01.JN'1T. GTON;. PAItC:lLB: , T&TPO:R11ON or TlJKft()ItrtJ 2Ut70IEE1i.oJ' 'l'HE NOltl.(l\TM8.rQUAla.ER. OF nmSOlru1l1'd-J.' QlLUtT.EIl OFB.ECTl~ 33p '1'OWNSmP ~NOR.'l'Bt RANGE 4EAST,l WH., IN I<<NG COUNTY, WA8BINGTON, l.YlNG WEST0'6STA'lE IDGBWAY. l"ARCEL Ca 7 , I THATPOIlTJON OFTBESOUJ'B Z19.?o FPT'pBT.BENOlttB 439.* ~OF THEtroll"ntw.J!S1' O1Wt"l'UOFTBB SOul..tI.W~ QUA.RTBR OJ' SECtION ~ TOWNSBJPZZNOK11f, RANGE 4 BAST, w.M.,/IN KlNGCOON'l'r, WASHINGTON, LY1NG \\,Jfb",l'JUCL Y OF BTATEllOAJ) NO..! (P.CD'Ic mGllWAY SOUI'.B). PU~~ ; ! . I 'l'BESOUl'B219.74Ji,U1' O'B 'l"HBN~ ~ OFTBE NOkulW!f$r QUARTER 071'l1! S011l'BWE8'r QUARTERL'J"Il'tfG lVl$" OFTBE STATE ROAJ), SBCftON 33, TOWNSBlPnNOJml,JW;'GE 4 EA8T, wJM., IN lONG COUN'lT, WASHINGTON. I """,. ilia' , ~~... 1\ 9~ ttll lumlll -- .1 " ""1 oIj ~.L;t" 1-- I 'u I .1 . ~ r ;j; . . J~ . ~I g I:: I" 1: :' , i ~ . . . . ! . i J - I r . - i J " . . . .. 1Jfl" p rn . ". J~ 11~ ~~~M'C~ .!. .. . , ~.* ~ ~ j " ... J " 'it ~ E:ddbU C I ZONING AND BtJILDlNGDl!:VBLOl'MBNT 4G~FORDivBLoPMENT OF T.BE~mOPERTY LEGAu.,YDE8C.RmED IN AlTA.CBEDkx.twJlT 1 (1) 7.Onbtg sllall blft RA 3600; (2) .DevcloJmat IIbalI be ~sed and ~ I as . Plumed Unit })cvc1opmeut or Sulxlbisian pIIM1Id to Des MoiJSel CodD ~__t With 1bo tc:ImI and conditions set COlfh beJciD ~ ~ seW~ A~t. WaiVer. and .Releas$ to wlUch this document is ~..lWdbit c.. (3) . Except u otIxtwJa ~:~ ~,.0l1J'I',~ cilUDlWlota abalJ DOt exceed 84 am'lf~ of. mix of 21 AqJe.f~~ 30 dup~ aDd 1 kiplQ. The mix of'" family ~~'~:~ ~ ~ subjeet to IDiDor mudifir:aticD lUbe , ':> .~ of b A~ ~.ttt.tbtt ~iof Des ~ lid Peden! Wa'l~ lIS pnmdcd in pangzaph (11)~. Ownc:niDp lof each tmitIlot IIbaU be in feelbnple <<1WJJCUblp. ) ; I I (4) The~.IoctatloJa. type. COIafigomtiOQ.IDd'" oflllW and 10lJ; Slbe.locati.. atJd ~ of ~tioa; madway localioo. ~ IGId Jasa1b; buff=: pnera1. layout; cpn 'P'JCD; 1IDd. all oi1M:r ~ IIIhaD bes., dcpk:tccJ Da tho mUItI'aQvc S~ J1'JQ. dated M'aJdJ, 17. 2000. PI~ by.l'eteno.o ~J ~teed UIKW .Job N~ COPD-DOOl md ~ " BxJdbit B ~ SlID PJao") to t.be, ~ ~ WIiYw. _ReI.,. to wJJic'b tbb ~iJ I'UIchcd If BIblbit C. MiDor deviations &em said IJlusb*<1 su. ~ J'IJ1I.1 ~ RIbjec:t. to 1heappoval of ~ Moi1:le8 and FedeIaI WIl)', puvfdr:c1 that tbs ~ of Jof.s.1Ddts. Cd boildba.B sites 8haU moai:q ~ exeept .. d1e Jl1ID1bcto of IoU. tmits, ad bddiD.li1=s may be ~.tho IDle dbr.redo.aoflbe'!PiJialnt. 1hO ~~ ~_~;~ J01JeaediJt IbolIltlmativc Bile PllDmqaJso be ~ ISDl?)eclro ~,by1be Cily ofDea ~ ml tho Oty ofFedct1il, Way. In ~ of c:ODfJic:ts ~,tbcl1loatritive SUa P2an and Des :M~" Of PedcriaJ Way's ~g, ~ ~ -.11Dd ,USe COJ!.tmlr. t:lU 1AmiD: ad:b:veJopmr.m ~,Jll and tbe IDustratiV8 S1~PJ.,sbal1 ~ . : , . (5) 'The aty of Del M~ aball JIIOYida 1ho City t4 ~ Way a ~i'V"m of fow:t.eer! (14) day3 witbiD which to I1INkw and ~ ~D;ru. JDbstratIve Site PJaD prior to the City of Del :M'oJncs' appmYd of fie PacUfJe PIa rJaaaecJ ,llDit DevelopDent. Prior,to approval, tho City ofl>es Moiua. abaJl a1Io p.rcMU/tbe aty ofPedera1Waya ~ of ~ (14) days w1tbi1l which to nMow Dd ~ on my appHcatJeu fot building permits tor indiVidUal boildillplJota ~ that pOI1icD' of the GJanv:a1Je ~ contaiDed Whhin rhe City of Feden1 ;Way PM. as tWined by the 'PM Intedoca1 A~ ~ the CIty of lJe8 Moine.a aDd tbe Cily of Federal Wv.y ;0 effect at 1hD time ot fItJ.y application for I ~ ~t or, auy lCllIocatc4 on the east side of l$' Avnuc Soath. "To implemeilt this ~graph, the City ofDcs Mom shaU PIOvide copies of the mG$fJ'aliw Site Plan. or ~ding pe,t:mjt application, as applicable. E?.,:t:.4'( :: J1j~1~ ... ." . . ! i to the City Qf Pedera1 WaY7 and the 14-day IeJ ;t.1J(i l'Omft\mt period sbaU. c~ upon Pc>detal Wat. ~ ofthfs Plan or appJic3tion. fJ8 applieable. (6) 'The City ofDea Moines shall prcMdo to the cJ k~ Way IS" of the application ;:~~cr:::~~TJ.~:;:thr~~~:~~ within 30 da:yac(J)ea ldoiDcst recdpl of the fee~' thD ~t. " (7) ]5" Ave. s.. asde:pictedin - IDDStrative Sito~L &ball be ~ated to the City of Dca Moines as a pobJie R'cct; : r (8) . ~ Ipplicodom lboI ... ~ tbe _ ollbif ~ "~ .' be ~ to ba\le 'cWlD c::oui~OD$ aod. ~t1i~j)j . ere tdicieot 10 avoid . Ii~l en~ ~ . · - ~ sIJaIl bo ~1o ....... III aD I\IDN$. .~~. lddiliuiIIJ coaditions otbcr1ban . let ~onh~ IDdDOELs wm bcmqnired; .. . . . I . (9) P!Isviou3 studies lClared to weGauds and drain on tho . ptc:pared and IA)bmktta to Iang CouDI;y UDde:r Xin. Colmy Peuult A; ~OII 807COZ10 .baD be deemed fbJIy adequate mcl.ut1ident aoil Iba11 be UBCd. No ~ fiodiC5 s.baI1 be ~ . The Pulica agme thIt thb~ pov:ided to ~ PmJes as pano!!did King Couoty ==:=~~~~23.l997 RoaclV~l;1,yl)BM~&gineea~~IIY19" 1998 Subdiv1alc)n ~ byFint~ 'DtJe ,'Om:pnyord<< 00. 34S322-"S \VBdlitcStodybyWet1aDd~lac. dated 25.199& Imc:1 Ono)'.)ntitlagcB.oport by PMtaldo . .Ioc..daied August 25, J!m ~aical:Reportbyl. XMh ~ P.B.. . ~31..,1991 Traffic I.oportbyDavid HamJm &Aalociates ~~ IAYdTwo~AJIatym,bY))JM'. ',. 'linIbl.dated1UDC 8,.1998 . Technical Jaf~!'11~1teprrJJyt>>:aM ,J,~~datod Octobe:l24..1997 WeOaDdRcsportbyW~Rc&~IDe.datI!cl[;29' 199'7. . (to) The I.cve12 Plow ContJolSIaDdmd. as ~..'"lbo 199~ Xing County Sudaee Water . l:Iesign MaJmil. thaD apply... dlmotiOD f~, ,"for ,tho pmjea. No ~ aul)'$is ~ be~ The &tetltioa fIc:i.1i~.tortbcpl'iQ.jec1 abaU oW)' noed to meet ==-~~~~:=;=k~ (11) School iJDpact teos (for~ Way Scbool~)wmbe con~; . P7J 5==.,~~.=ZF:= I . 0/.11(.): tliAA~.~ " .'" (13) I: 1bo - ..... udIl be dcmoIiohed If... 4 tlpCIl >riDcll1t I. I_in (DOludell witlahl the pIOjeet;" The City of Des Moines shaJ1 apply, and the ~lQt aDd if$ soceessm, heQ' and assi~ 8bal1 ~mp1y wiIb. tho Qty of Federal' \Y,ay Iign cod&. FedetaI Way at)' Code ~0b$22-1SS'6-22.1629, or aa_~~ withI~to that portion oftbo GnnvWe Ptope4j wItbib the. City of Pederd Way. . p~ II. ~ by the PM. IPudocal ~~ bc.twee:o ~ City of Des No.iae$ aut! ~ City of Pedm.l w.., w effect at the timoOtanvi1.loorfu b~ bob 0Jr~~1o~ ctinstaU 3D)' sip. Tbo City of Dos MoiJLa shaD 91Y. II;Id thO ~CIDl 8bat1 COlDpJy 'Wi1b. the City of Federal W:q met ~ - ~(lD of~o HtglrAySouth abuUiDS"tbo GDnYiJlc ~ "./'tJaar. tb8 applica1t sbaJI'DOtbe reqiihcd to construct snw-t Jmpun~.,.~JI(ItIoa Pacific HighwJl,1 ~ To mitip ~ b:affic impactI.from tho ~'~ ~t, :bowO\'ez, OtanYiJJe shaUll do&l....~..l1~..- '+, "'."""" WCi1...VMV"~ .... ,:; ~ '",j;'k'-'-' -- . .t,f (14) (lS) (I) Pay ita pro J3ta m. of the COlt of ~ ~OD lm~t boject. ("TIP") bowl IS sa "fIom S. ~. rrJ!A. which pzo rata lIhuD is -heRby dereImb\ed to bo $31.000.. Said . sbaD be laade to tile Ciry of JI'ec1eral Way fit 1b& 'lime, GraQYD1ti ~ t'tQl PlamJed lJDit De1dopment or SllbdlYilion appoval from 1ho av of DelMoblcs aod tho explratiOJl of aU appJicabJo appeal pedocJs. ~ 10 PedLnl Way City Code Scct10n 19- 46(bX5>. tot a period of twcmy (20) I from the dara of this ~ ~ hm'by waiwlI far ifIalfad.tra ad ~ the right lO 1I4Y mt1.uld of itI pm.. IbaIa of_ sa. ~ S.284" to S. m-. :Fa ym po .... of tba COlt. oftha$ '~ asS. 28t' J S1199li11m'erioD.. ' ~ wIUcJl pN ........ is' ~.,~~ 10 be $21,000. Said ~t IbIl!I bDmadc fD'" aty of ' Way at1botime GnanD1c~ fiDal~ Unlt Dcvd~ ~Iflnm the 'City or De5l MDira and the' ~ 0( all 1(lplfph1c 1fIlI*Il~~IaddDIl1his to cJarifydmbltof "plS,)'JDalt.~ to. ,POdenJ Wiay~. .!..~I ~ OD~. ~S). for apedodaI seven (7) )WI froaa rho...of ..,' ~viDc heteby waMls for itJclflll\CllU -- ~ 10 _ofllo pro rata _of 1hc:s s. 288" I sa 991ntcaedioo . ts. ,;y~ As!past, of lbePao.ific PJac:e pl,"*" . ; ~ dIdicalo tow Qty of Federal. Way a lS-foot rfIht-ct'-~ ~.' ~ 'boondaty of tho GmiVillc P.ropeny l)ing j~y 1Cti8Ce'Dt to -= froudng aIoag PacUlc Highway South. Frovl&:d, that web~."., 'JPay. at the 5010 ~dOD of OranvUJc., conlain . rem,ionaIy clause,. 8 the dcdioared propezty.orany potdOll thctcof. to ~ back. 1>> ~ ot' othe:rwj~o traDsfcrred to GranviUe.ltl J1Dhs. SQCC8t~ aDd ~in the eveat that tho City ofFcdelal Way ~ 11\ its .. dbcte\iQD.1hafr" dedi~ated property. or lUIY po.r1ion .-'( (b) (c) ~ r;).~ i'\ U .. nl J-IlJ"J. I, I~ .. . (16) I ~ tbe=>f. is not ileed!e4 tor right-of-way putp(ISeS at rho _ of <:ou1Iuction of the sa 99 S. 2B4lk-S. 27~ TIP. : . 1n reeognib of ~OD .spaq=.. dediCJIiOll ~ CU$tQQlarllY imposed by the City of Des Moines. tho Qty or Des Mome. ~ a~ 1h1ll GranYiIle shall be givtll faD credit far the: total.sqoare fcotago C1f tM J()..foot w:i~ o~ grmrtecl lot construc=tiOft of the WalkwayS=ODDdU1a the wit1qd IGCab;d in the ~dc:1ks of said ptojClCt and the wsts ot'constnJc:lima fOf~ ~ aIoDg Aiel ~y. " (11) In ~ to die recteati~.JpICOJmpuwem=t ~ customaply ~ by the aty' of De. ~ ODuvma abaD :nuab a;oac.tbDe ~t tn tbe 1DOODt. of U7.500.00 to tho .. As ~OD tor Gnln"j]JC". ~ to ~...tl)t:.fiJ1J...~~:." .OO.....~ gty of'Des.~ agrcea.toiDcmasethe ~ ~~'Y ..( . ..., by OIX:, tQ 85, w:hicb 1be Applic:at, ill it ~e di5GltdQil,.~J~' .JI~flZDily ~ ~ Qr tIiflC'.ll; ~ howevet. jf~'ij\ ""J;Pr~ not to iDtaase the ,"muzrultlmbelroflotsm tH fDW pl.. to 85,. 1hiJ. cmJy be respoDsiblo f<ir l8Iki:ag " ODC-timo P13J.1DC1lt in the amovPt of $3s.ooo.oo 'to '~..atyoftles.MoiDcl as~its mltiptiob _ fot'~OD'&pacc impmvancm.s. ~ for .said pay.mnt,. ~app1fgabIc,. ad Wtit= COf\f\'noAtion in the fmm Of aD ~....,~pl.. ~t Chao~.s cJeciska ~pnJpgtbo fiDa1 :nnmbw of units _lbektJDll p~ and ~ aha1I be..made'DG. or'bdote the data ~,WhICb !be Dc:sMoJDes. Qty Cou:nciJiia ICbedo1ed Jo. votDoaGtaDvme"s proposed P1auned ~t ~opment as descdbed helmD. Slid payma,t. bQw~,. shaD ])Ot ~. dn$ DDtil ~ appnwatof the ~ Th1It DtMWpmmt or Subdivision as c~ibedl&rein and the ~(JIJ of all appc:al pedoc1s. (IS) At the time of CODStnlet.ionofl:S. AWlD. ~ ~ ahaUlD.51allrulfic~g devices,. in the foma oflJ1llfA humps, 0J1 IS" A,,euUc ~0Uth w.ilbinlbe ~ Pacific" ~ alto aDd widJiD tbeA~ subdmsiOJ1. ;'lJ.Itt DUmbtr,locatioaAllddcsilll of ~ Ipced JmmpstbaD ~Q~ by the City ,ofDelJ MomesaudCityot~e&nr VI.., Pub1ie WOlb~ ad Ittfonh by Onn'lilla on tlJ:e ~Dg' CODStIUclion pla:DI fee 15. AYeett~.Soutb. . (19) No dtilJlion fCOl or- iIr1pJvYOJDel1_ lJhall " ~ . a conditiQDof.appmyaJ of the . PJ~ 'Unit DeYe1o~t 'by..~ City of Dc8 ~~,.except 8S."fc>tih ~ PJOv.icJcd, bowevet. th. .thia ~ .drJe:I not abet or w.~ Oranvilla.s legal to ~ with . any and au tppticaWo Jayfs X'6~1 impact fi:cs imposed ~ Way Sdlool Diltliet.. -if t I 9.;:1. M..r~. IJ,iJI1Jd.\ Exhibit H RESOLUTION NO 00-319 Amending an agreement between the Cities of Des Moines and Federal Way RESOLUTION NO. 00-319 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING AN AGREEMENT BETWEEN TIlE CITIES OF FEDERAL WAY AND DES MOINES RELATING TO POTENTIAL ANNEXATION AREA DESIGNATI()NS. ~~~3;1~;.:,< .:f~~ l ~ ,-,'P,... :\BrMt>h!.{\2\{:':::',\t' WHEREAS. on December 16;1 ail Way and the City of Des Moines e"ecuted an agreement relating to the potential annexation areas ("P Ms') adjoining the two cities; and WHEREAS, aportionoftheboundatybetween the City of Federal Way'sPAA and the City of Des Moines' P AA adjoillS the western boundary of five lots owned by Donald and Marie Tavis and on which Granville Southern Corporation holds an option to purchase, and adjoins the eastern boundary of an additional, larger lot also owned by the Tavises and on which Granville Southern also holds and option to purchase; and WHEREAS, Granville Southemandthe Tavises have negotiateda,development agreement with the City of Des Moines and the City of Federal Way to govern the future development of the property owned by the Tavises; and WHEREAS,the development agreement contemplates subdivisionofthe six 10tS,and construction of the ftltllre 15th Avenue South; and WHEREAS, the alignment of 15th Ave~ue South approximates thecutrentPAA boundary, except where it crosses the south portion of the Tavises' property; ,and WHEREAS, the P AA Agreement between the Cities of Des Moines and Federal Way ORD # 00-319 . PAGE 1 @(Q)~W provides that the Agreement may be amended by the mutual consent of the legislative authorities ofthe two cities; and WHEREAS, the P AA Agreement provides that it may be amended when supported by substantial evidence of a significant change in one of criteria listed in the Agreement; and WHEREAS, those criteria include "creation of logical service areas (vehicular accessibility and utility construction)" ml4"~" '::;()U of physical boundaries," including "freeways, highways, and arterials"; and WHEREAS, by virtue of the construction of 15lb Avenue South, development of the Tavis property will result in a substantial change to logical service areas and physicallfoundaries; and WHEREAS, on July 18, 2000, a public hearing was held concerning the poteDlial change to the P AA boundary to correspond to the alignment of the future 15lb Avenue South; NOW THEREFORE, TIIE CITY COUNCIL OF TIffi CITY OF FEDERAL WAY HEREBY RESOL YES AS FOLLOWS: Section 1. Findings. The City Council hereby finds that: A. Substantial evidence exists that development of the Tavis Property and 15lh A vmue South will result in a significant change to logical service areas, with respect to vehicular accessibility and utility construction to serve lots east of the new 15th Avenue South, and 1bat constmction of the road will result in a significant change to physical boundaries; and B. These significant changes warrant amendment of the P AA boWldary to correSJOOd to the eastern edge of the 15th Avenue South right-of-way. ORD# 00-319 . PAGE 2 Section 2. Amendment of PAA Boundary. The City Council hereby approves amendment of the PM Boundary Description and Map, attached as Exhibit A to the Agreement Between the Cities of Federal Way and Des Moines Relating to Potential Annexation Area Designation, dated December 16, 1996. Subject to the concurrence of the City Council of the City of Des Moines. the boundary shall be amended as set forth in Exhibit A attached here, . If any section, sentence, clause or phrase of this '..;,< incorporated 6 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 4. Ratification. Any act consistent with the authority andpriofto the effective date of the resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASHINGTON,this 18t:h day of July . 2000. CITY OF FEDERAL WAY ,. CITY CLERK, N. CH~S ~~~/2~ . MAYOR, ." P . ORD # 00-319 , PAGE 3 APPROVED AS TO FORM: ~~~ INTERIM CITY ATIORNEY. BOB C. STERBANK FILED WITH THE CITI CLERK.: Q1113/00 PASSED BY THE CITY COUNCIL: :.'O!llclSloo RESOLUTION NO. 00-319 K:\CD\ORDINA\AMENDPAA DESMOINES.WPD ORD# 00-319 . PAGE 4 ~I ~ -.ArA-A-- DId J2bu.ndart1 /1 · · ,. NWJ ~u.rdarlL "- If t ,. Ii: I! t' i ~ 11 I I -L ...-..... (;"". " \, ;;.... .. }': ~ .. ~ .. .. J>: .. a '" l'..' ~ ~. , I c::::::"'/ ~ If al-~' k- . ;: .I~ '; ~{ ~ i l~t~ ...t"l Ii i3 m ;i! i!~ ,'. .. !' ~ ~ :1 ZO ' E~ "'t> ~ ~ ~ :::n ~~:'! !~~ !-~.. <~ la ~I ;1 e @ @ @ /' ~ () 5i .."., () ~ :e '" .. o <; ~ C' \ 'H~_.L, \ ;"jf: K~ l:~( ."..; ;;;,. t.. .\'j ",...,- ; li~ ~h~~ ,0 ~:, '1 ~: f I' ~.o.'I" ~ &1 :" ~; ii _ g. it ~ If: ~ ~ ~...'.." 8;1. ~ IN. =-~- fqlf~ ~ " l> l> ^ ~ '-1 'UtlSrIlAnV" S,T/! ptAN " __,<_.".:..~/FIC PLACE I ~"~~P.:loQf ="::.t~. b~ ~g~~~.. . ~fTI ....E;.E... c~ r;t1.. ~. roO -6i.r~ -i.-:: ~!lu~04. Z """UNO"''' ~. i 0 Des Moines r---~ t--- l I / <. ,....."A;~..)~ T-~ . -, lJ .' -I I --_1 \ _.0.-."". ) Fe re~..,~ Ac~.,,,,..........~,. f ~/ J ---. '. -"'"~I I ~ ~~ if t;t ". ~~ ",. ill ~~ <,;,., ~t, 2.; -- ~;::; ~~ J#." H 6S ~~ :> W ;;,~ Q 'E,-S,- - ~~ '4 y.y_~~_ --~- 1",,, ~~~ ~~ ~ ." , Ow g~- 'i, " - ~:. ~ii: ;~~ "'~ ~~ r. ~ ~:: "-1) .. \ o.q :::-:" ~ ~,~ ^ , ~~ ~. ",.. ~T ~ n '!l; '1 's ~~ I~ IS ;g? ~," ltl.... ~~ -,Yo ;~ ~i .0"":", ~Q ~~ ~:' ~~ :)",'" "'~ .. .' 0 r. " i.; os " liZ,s 3'507/408 10,S ~ 8; i': ~ -- -'-'---._-- "'" -_!~_..,-,_._._._._!~,:!A~,-S:..._____,~,_ ~ J'!i7/40"-lO 11. J6!:l1;411 10' so ,. n .. .. ,. ,; .~ '. !<:i f;~ m '" o I~ , l~ "'"" &~ ~; ~ ,', g g ~ ~~. 110 ID' " ~ i! '1'.... ~~ 2 ~;;; -"220:IIS ~ _. !l.:-.. ~iT;;.,_) ~u~ O..'i t~ ~G n'to; o ~ c, . ~ ~ 2~f .7 ~ ~! ~:;; !"i~ '" o :25 J. ~ .~ ------ .-:s.~~~E!HIt ,,- 'il-lil! : !: ~ ~ "~5i !~ -,.0.01' ~-:-! '8-~ 0 ":I: ftl' 110 ~ lit " ~ ,~ Uff~ ;--~'~-ll-- Ii ;~ ~; r. e, m ...... is <, ,. s 0- -4 I) :~!~ 720~40 ~ ReDONDO , llOl. .]IJ!J9 " ~ ~ ~i; '6.91 p.: ~ '" m ,? Sj ~E R.l.1I01f"'" tl"c;o; !.t"OCl ;; !~ :! ~ ,,., \;: c~ 8~ .\-~;,: '\"'el'Ot;t . 0 ~ :'d"e: ~~-,~-BI__~ .--c,- " ~, ~ ~;~ w ]U '!.~, "'l JI}O.7 ~ 'f :.oll leO.iI' -::1 'I i~ i~ 10 .0 ttr .- .0 ON (~ 7 ~ t 6I).3J t', Exhibit I RESOLUTION NO 1069 Approving PUD of Pacific Heights ..-.. RESOLUTION NO. 1069 A RESOLUTION OF THE CITY OF DES MOINES, WASHINGTON approving the preliminary Planned Unit Development (hereinafter "PUD") subdivision entitled Pacific Heights, (hereinafter, the "subdivision") subject to conditions specified herein. WHEREAS, Pacific West LLC. (hereinafter, the applicant) filed an application for a preliminary PUD subdivision, and WHEREAS, the subdivision is located within the cities of Des Moines and Federal Way and Unincorporated King County, and WHEREAS, the subdivision is located on property within the RS-7200: Residential Single Family 7,200 zone and RM-1800: 1 unit per 1,800 square feet, and WHEREAS, the Settlement Agreement, Waiver and Release By and Between Granville Southern Corporation, Donald & Marie Tavis, and the Ci ties of Des Moines and Federal Way {hereinafter "the Agreement")governs the review and approval of the subdivision, and WHEREAS, PUDs are authorized in all single family residential zones, and WHEREAS, an environmental checklist for the subdivision was submitted to the City of Des Moines and was reviewed by the SEPA responsible official for the City of Des Moines, and WHEREAS, the State Environmental Protection Act {SEPAl official issued a Mitigated Determination of Non-Significance for the subdivision on December 4, 2007, and WHEREAS, the environmental documents have been available for review with the subdivision application during the review process, and WHEREAS, the Des Moines Planning Agency reviewed the subdivision at its regular meeting on February 4, 2008, and WHEREAS, the Des Moines Planning Agency, after review of the PUD subdivision at a public meeting and consideration of the information provided by administration, recommended approval of the application subject to conditions contained in the Agreement, and WHEREAS, the City Council, in a February 28, 2008 considered the PUD environmental documents, recommendations Agency, and information provided by therefore, public hearing on subdivision, the from the Planning administration; now THE CITY COUNCIL OF THE CITY OF DES MOINES RESOLVES AS FOLLOWS: Sec. 1. Findings of Fact. The Findings of Fact set forth in Exhibit 1, attached hereto and incorporated by this reference, are adopted in full by the City Council in support of its decision to approve the subdivision subject to the conditions established by the Agreement. Resolution No. 1069 Page 3 of 4 (3) Corner lots shall not 5 feet wider than the 60 foot minimum width established by zoning. (4) Road B shall be allowed to be over 150 feet in length as measured from the centerline of Road A and will not have a cul-de-sac turnaround. (5) The right-of-way width for 15th Avenue shall be allowed to be reduced to 50 feet from 60 feet, (6) Road A shall be allowed to be a cul-de-sac road over 450 feet in length. Zoning Code Deviations (Chapter 18.08 DMMC) (1) Minimum lot area will be less than 7,200 square feet on all lots. The average lot size within the PUD is 3,779 square feet. (2) Minimum lot width of 60 feet shall be allowed to be reduced to a minimum of 30 feet for all lots. (3) The minimum front yard setback shall be allowed to be reduced from 20 feet to 15 feet for all lots. (4) The side yard setbacks for all lots will shall be allowed to be five feet on one side and zero on the another side;" except for lot 65 which shall be allowed to have zero on both sides and lots 27 - 37 and 77 which shall be allowed to have five feet on both sides. (5) The minimum rear yard setback shall be allowed to be reduced from twenty (20) feet to ten (10) feet on all lots except 7 - 10, 13 - 30, 48 - 51, 56 - 59, and 67. POD Buffer Deviations (Chapter 18.52 DMMC) (1) The required twenty foot perimeter buffer/yard area will not be reduced except for lots 8, 52 - 55, and 63 - 66. Sec. 5. Approval subject to conditions. The subdivision is approved subject to the conditions established by the Agreement, Sec. 6. Approved Preliminary POD Subdivision Plat Map. The Preliminary Modified Subdivision in Exhibit 3, attached hereto and incorporated by this reference, is adopted in full by the City Council. Sec. 7. Compliance with other law. Nothing in this resolution shall be construed as excusing the applicant from compliance with all federal, state, or local statutes, ordinances, or regulations applicable to this subdivision other than as expressly set forth herein. Sec. 8. Resolution attached to approval documents. A certified copy of this resolution, along with the herein referenced Findings of Fact and preliminary plat, shall be attached to and become a part of the evidence of the approval of said preliminary PUD subdivision to be delivered to the applicant. ~ .. FINDINGS OF FACT RESOLUTION NO. 1069, EXHIBIT 1 March 27, 2008 The Des Moines City Council, upon review of an application requesting approval of a preliminary Planned Unit Development (PUD) subdivision allowing for the subdivision of 77 single residential lots and in consideration of information communicated during a public hearing hereby finds: (A) Settlement Agreement 1, On August 13, 1998, the Boundary Review Board (hereinafter "BRB" ) issued a decision approving the annexation of property known as the Redondo Ri viera Annexation Area into the City of Des Moines. 2. The area of the Redondo Riviera included property owned by Granville Southern and Donald and Marie Tavis, 3. At the time of the BRB decision, Granville Southern had a vested application for a project known as Pacific Place (King County Permit Application 807C0270) filed and under review with King County, which consisted of 120 Unit Condominium. 4, After the annexation was approved, Granville Southern filed an appeal of the BRB's annexation decision with the King County Superior Court. 5. In order to settle the litigation, the Cities of Des Moines and Federal Way, along with Granville Southern and Donald and Marie Tavis entered into the Settlement Agreement, Waiver and Release By and Between Granville Southern Corporation, Donald & Marie Tavis, and the Cities of Des Moines and Federal Way (hereinafter "the Agreement") in 2000, 6. The Agreement established guidelines for future review of the proposed Pacific Place development. As part of the Agreement the City agreed to limit the future review of the project to determining if it was consistent with the terms of the Agreement. 7. No real and sustained application until late sold the project. progress was made 2005 when Granville on the Southern 8. In the early part of 2006, the City of Des Moines was contacted by the new owners of the property and project, Pacific West LLC, to discuss the steps needed to complete the Pacific Place project. 9. The new owners renamed the project Pacific Heights. (B) Subdivision 1. Except where otherwise plat is consistent with the comprehensive plan, polices and regulations, stated herein, the proposed the applicable provisions of zoning code, and other City Resolution No. 1069, Exhibit 1 Page 3 of 6 115.35= Maximum Dwelling Units 11S = Maximum Dwelling Units k. The reduction in the minimum lot size is consistent with the intent of the zoning code. 1. Development Services issued a written notice of complete application on December 4, 2006 providing official notice that the application met the procedural submittal requirements established by the City. m. Development Services issued a notice of preliminary PUD subdivision application on August 6, 2007 and October 8, 2007. n. A Mitigated Determination of Nonsignificance (MDNS) was issued in accordance with WAC 197-11- 350 and DMMC 16.04.110 on December 4, 2007. o. A public comment period for the, MDNS was provided from December 4, 2.007 to December 31, 2007 for the State Environmental Protection Agency (SEPA) determination. p. The Des Moines Planning Agency met on February 28, 2008 to review the PUD subdivision. The Planning Agency recommended that the Council approve the preliminary PUD subdivision. The Planning Agency voted 7-0 in support of this recommendation. q. Development Services provided a notice of public hearing on February 11, 2008 and provided an additional public comment period from February 11, 2008 to February 28, 2008. r. At the February 28, 2008 March hearings, an opportunity to comment was afforded to that interested citizens regarding modified subdivision. 27, 2008 public receive public applicant and the proposed 2. There are adequate provisions for drainage ways, rights-of-way, sidewalks, easements, water supplies, sanitary waste, fire protection, power service, parks, playgrounds and schools. These provisions include: a. The City has reviewed Traffic Analysis prepared by Transportation David Hamlin & Associates, dated May 1998. b. The City has reviewed Traffic Analysis prepared by Mirai Associates, LLC. dated November 2007. c. The subdivision is served by the development of 2 new public rights-of-way and one private access tract. d. The road layout provides connections to 15th Avenue South and South 279th Street. Resolution No. 1069, Exhibit 1 Page 5 of 6 2. DMMC!i 18.52.100 (5) defines net development as the area remaining after subtracting the area set aside for churches, schools, or commercial use from the total development area. Net Development Area divided by Minimum Lot Area!DU = Maximum Number of Dwelling Units (124,746 ! 1,800) + (438,484 ! 7,200) = Maximum Number of Dwelling Units (69.30) + (60.90) = Maximum Number of Dwelling Units 130.20 = Maximum Number of Dwelling Units 130 = Maximum Number of Dwelling Units 3. In the RS-7200 zone, there are approximately 6.05 dwelling units per acre and in the RM-1800 zone, there are approximately 24.2 dwelling units per acre. After excluding the proposed and existing rights-of- way and all access tracts, there are approximately 6.80 dwelling units per acre within RS-7200 portion and 9.52 dwelling units per acre within the RM-1800 portion. 4. Within the PUD, 3.69 acres or 28% of the site have been preserved as open space and 6.68 acres or 53% of the site is utilized for home construction. The remaining 2.56 acres or 19% is utilized as public right-of-way or private access tracts. (D) WETLAND "A" 1. The City has reviewed a wetland delineation report prepared by Wetland Resources, Inc. dated July 29, 1997. 2. Wetland A is a 60,000 square feet wetland and is considered a palustrine, unconsolidated bottom, mud, permanently flooded, excavated. Vegetation within the wetlands is dominated by willows, salmonberry, yellow iris, lady fern, and speedwell. 3. Wetland A is considered "Significant" wetland since the wetland is greater than one acre in size and has two vegetation classes. 4. Pursuant to DMMC ~ 18.86.070, "Significant" wetlands require a 100 foot buffer measured from the' wetland edge. 5. The wetland buffer will be reduced to 70 feet. 6. The applicant will construct a trail within the wetland buffer consistent with DMMC !i 18,86.100 7. The wetland and corresponding buffer will be placed within a separate tract and deeded to the City at the time of final plat. --t\.-'r'-M" - . - 11 I' ,J-,,\ " .', '.' ,;' ,), L ~'E"" . ; if"";' 1_) ...oW li I.;' ' - nTII.E..\fENT AGIUi:El'rI&.'VI, w AIVEltAJID RtLEASE ' Jy AladlletJrceu GnJI'l'iDcSOllthml Corporatio~ Doua1d&Marle r"fb,~Q Ill. Cities Of Del Molbes And FedualWay ... .--....------....----.-.------- WBERW. the City of 0- Moines ('"Det MaDsj is a ~ OOIpozaUon orgazDzcd UDder the law, oftbe Stale ofW~ and bas autborit'/ to ~laws md cnt:.r iDtD ~ to promote tM bca1th, safety. lied we1faze of its c:iti:::Is, m:d 1beleby control the use and dcvelopmc:n1 ofprop~~ its jmisdktion; , w:8EREAS, the City ofFedenl Way ('"11cdcnl WlfYi is a mmdclpl1 ~n orgmrized uncia- the laws ofthc StatcofW2!lhingtrlll aod bu authority to =xt Jaws ami e:nta iDfo ~ to pl'Omofc Ute hc:a1tb. nfcty. aqd w-,Jfare afils i::i1:i:uas, and tbeceby comroi Qe 1JSC mi d=vdopmu ofp:opcriy within its jurlsdi~ WHER!AS, GDnviUc Soath.em CaporatiOl1 ("<hmWIoS~ IDd thcmmtll ~of DooaId aad Made Tn ('Tm.")(0rmviUe Southc:rn. _ Tavis sbaU ~ col1eetively ~ ~ 10 u ~ (NotD:'Ihe t=m "GaImIk!' =P=S1Y iDctudcs "CoutIl Pati5c Dcv~ 1=,w the llama of1hc appUcat reflected ill same Xing Coumy files f.S3ociatc:d with the ~ lI9,Plication) bavo, i1cIS 1lI1,~ wi1h Xi:aI. Ccnlm1l'1DCb' 1ChIJ ComIty Pr:zmit App1h:ation 807C0270 for ~ ofa'~ plOjcot OD real popcrty ~ ' Propert1') known as Pactiic Place. IGog Cclwlty't code. 18iV"2tli\1lS. and lam use contzols,. them'cre. apply to aid project. Tavis ClWD.S the Glanville 'hqlt%ty which is 1egal1y desc:libed in :Exhibit A a1tad1ed hereto. Gr.mvi11o SotIthcm l.s ~e.t coortIact to pu:rcl1ase the Gnmvillc Property from Donald llDd Macio Tavia; . WBE.R:BAS,'1G~ Couuty'. code. regulatioDs. aDd Jaad lUC CllIltnll$ appliGable to tho GxanviJ]tl Property dl:volopment poj= lmmm. as Paci1ic Place tiled with Xing County uu.der IGog County Petmh' Application 807COZ7O would allow for maR lotsIImi1s. less open ~ and othu dcve1opD1ent than would be cwrently a1Jomd under DeS Moines' code. regalations, mlland 'Wle COIltrols; WHElU!AS. on or hIgast 13. 1998. the Blm issued a deciaillll approving the ~ti"ll of property l:1l.awn as the lrcdondo lUViera .A.DI1mtiOA Area. Pile No. 2016. which inel\24ed a portion of tho Abjeet real property imo tbo City of Des Moines; WlIERBAS. GraIrtiDe nIed an appeal oftbc BO's anD_~ deCisioa with the ICinr Comrty Superior.Court under Cause No. 9&-2.19694-7KNT. S\W$eqUmtly, the comt cooducted a beating and reu&:rcd a WIitte'A decision and jDdgmmt; " WHEIU3AS, an appeal ;m4 Q'OS&-appea1 were' filed !rom said King ComIty Superior Co'aIt"s decision in tbc WashiDgton Stm CotJIt of Appeals. Division 1. \2l1<k Causa No. 44528-6-1: WHERBAS, the padics wislL to scll:la tha liligation. 4evc1opmetlt )nw:s, aad the UDdcdyiDg dispute. iDc1udiDg. but not limited to, ,.{n.u~ of th~ applicable code. regulations. 8Qd lm1 use ~. .. . . ~. EXHIBIT 2 Settlement Agreemem, Waiv--.and ~ Page2 on ~1s applicable to b GnIMllc ~ dOYeIopmentpmject ~as Pacific Placo filed with King County 1DIdc:r King Collrl.ty PezmitApplic:ation 801C027D. in a mutually sa1is~ ma:aner; . - - . ~ ... ..- WImRBAs. tbi.t Sett1C1XiCllt A&r=melllt. Waiyc:r 1Ial:Rc1eas" ~ ..~ is <<Dtmld into by me! bClWecI\ G:mvilk. Def Moines Il1d Fedara1 W~ (coJ1=tivcJy ~ced as "Parties'1 to resolve legal ma12r::rs llrising out ofJawwits ~ as ~ So1lthem ComorItion. << a1 v, The Wuhm~ BoUDdJrv Review Bod :tOr ~ CcmzItv. elJi King COUDty Saperlor Co1&tt Ca.n.se No. 98-2-1969+-7 XNT~ and Grzmille Southern' ~ et'11 v. The Citv ofFa!cm1 Way. et !!. Com of Appeals Cue No. 44528-6-1. aD/! to bcclose fbnfI<< c1dcm, damag=. ~ 1br iDjum;ti~ 1'Clicf or disputea ImOI!I thepctica ndatM to Aid mIltezs. NOW THBRP..POm; in considention olk JD.U1lW plQ!lliscs . iDrth hc:rciu. the parties agree as f'oJlows: ' ! 1. Gnlm1Ie, P11 iIa own bebalf; its 11m. ~faj basizIeas pctD=a. m--. ,~~ ~ ~ ad amps. does 1I=&y rdcasc: each and avr:ry cae ofthe!'lrtics. ~ hadlClll and _&III, o1Dct.zs, ofIicWs. cmploy=s. apds lDllauome,s. botb indirictua11y _in their ~fIItM ClplCffics, hm IID1 aqd all clllimr. appeals crdispqtes beL1vcaJ. GrIzMDc _ b.PatticI..eifbcr joiat1y or severally. that have been or eoa1d have beeD DiJCC! . Gr.mWIe &w1""- CotoorIIion. It aI. v. '1'he WuhiD2blIt 'Rnnn"v Rcmew Board fgr ~ Countv. III at XiDg Com:Ity SnpQio.r Caatt Cmeo No. 98,-2-19694-1 XN1'. or my appc:a!J matr4 ~ :ti=l anyo1litu1i for damages atisb1g out of Of ~ 11;) tbc City ofDea Moino' hkmdo RiYien nt)~on, II11ll fi:om the ~ of IIIl)" party in ~11g'fhe ~rc:fcnq;ed cues orin atedac- tbis ~t. Ptovided,lIowever. it ilJ ~........-.mtood lIIld IIpCd that dDJ puagraph sbaU in DO way bar ., party ftom iliDg .a claim. demand. or llWBllit lOr spcci:liCl pctfat!:aaDcetsf tho tc:tma and COIII!iticms of this Agrwmeut or 1br damages lIIisiIlg out of brc:aCh oftbc ~ IlDIl ronnditiQl]S oftbis Agrccaic:m 2. ' GraIMlle WIlrlIUfj and. at.Ihms that it l1u ~ &014 tmnsfmed, or othcrWe aaigDcd aU or atX'f of its iDIeresb in ., ,of its ~ cJailnc, Jecpesta h J#W or causes of action Ideased h=in aZl4 1bt it i.t solely, te:lIpOViCftd to waive ilD<11de1$8 llaid matters. In su.ppcU of thJc ~'t'l~0Il * in SlIpp01t ofthil ~ CbDviUe ~ to indtmuify aud hWd harmless aJrf and all orb Pmia ai auypemons or CDtitics conred by this ~ md a1tI aftiIiatod pcmoD, ~ or entity for Irq dsm'V', costs. ,aftome)'s' tee. or othe:r c:xpcoses in de&Dding my actioD bmught 'by Gnuvillc, or ~ claimiDJ~ hold III intertst ftom. GrmYme based 011 tbo 1lfPea1s~ oWml or c:&USCS oflCtion'eacompI!Ied by this ~. . 3. As ~ fOr this ~ and upcll the appmnl and cxClCUtion. of this ~ by the Partica, Grmvil1e agreeI to dismiss 1rilh ~df.ce i13 CXbN-appcal nowpcading hem the WasbiIJ.&ton Comt of Appeals e:ntit]cd GrImville-.Sontbcm. Com. el at v. The Citv of Fedml WkV. el a1. Court or .Appeals for 6& Stat&. of Was.h:bigtoa. No. 44528-6-1. Recute a stipulation providiDg fOr vaamoo afthe F'J1Ia11l1c'Jgmem JRYio1lSly eIrtem1 by tb.D Hoaorab1c Dean Lutn ill GrmMlle Sontb- Comantinn. ~ aI.. v. The Wllth"'~ Botmdarv Review Board fpr KmJ't Co~. ~ a.L King County Superior Court Cause No. 98-2-19694-7 KNT. and c1is&ni&s with ~ \ - \ Sett1=cot Agr=ricnr. WJiv~ R#lease Pagel of 8 p~udice itJ appeal.in c:=anse No, 98-2-19694-7 KNI'. Cbnyi.u~. hoWl:VC', shall not be n:quircd to Wl1hdraw my spp1icaticma tor 1md 1Uc: ~ent o:a the Gr.mViJlc Property 1has ate now pending aDd- vested wfth-Kh1g-Coutlly.1mll'iiditi&-ollt, 'not ifiiiitedtc, tlij;. ai'pliation filed 'Ch~ ling Colmty :remit Appficatiat. 307ct1lJO. Gzmmlle, ~ IgrteII that ~ umexation of & pol'tioa of the G:mviIls ~ 1O Des Mo_ as set 1brth hl:rCliD. that Xing CoU%lty Pemnt App~ 807Cll210 Iha1I. be 1r..a4IOU.d to Des Moi:oes iOr,~ subject to t'be temIs and ~ollhi4 Agmmu. 1! is ~y~ that ~buildhlg cdothcrpenoits sought for units to 1M: ~ CIZl thD lUbject p~ j)lJowiDg 'acne:xation of a portioD of !he GrmvilIe.P.ropcrty into the Ci1)' of Des Moines ahall be p~ 'IlU: 11= 1ao1 me and building codes oftbc City ofDcs ~ SlIbject to tba tem1f am1 CODditicXlS oftbis Agreeme:al 4. ~ l'ftft.;/f-n1ion lOr t'M mumaJ promisa set fbrth herem. the ?aties c:oJ1ecIivdy agree as follows: A. ne PIIdics sbIJl jointly seek relie( ~ sWilc;tiag. or va.ca!ioll of tblcjaafgmalt fi1e4 ill KJq Qnml:y SlIperior Court liDdet' Canse No. 93-2- J9694-7KNT. OIl the basic 1Jw all ias=r. daim.s. mi dd'asses ,Jdative to ai41udpacat havo beta compmmiscd IS Ic:flected in ~ ~ Des 'Mama IlIaD. tizrdler proceed t3 mocIitY. ~ IIId obtain aD. app1U1l!iatc ~ b the Redondo Rmma )~<lZl Area. File No. 2016 so that the ~ oflhe Gtmville ~ I,ing wtatlldy oftbe essb:m bamdaIy af 15* An. Scmth IS depicted h1 the ""llIDslntiva Site Plan" a1tal:hcd hereto lIS Exhibit B !Iba1l be cmcct04 iDio :Qcs Moines. The Parties shall fiilly rapport the &1lDCUtiou oraze said pol1ian ot1hc GrlnV1l1~ PIopctyinto ~ MciDes. W'JIhin 15 days of.the date ofthU ~ D. Moines aDd Fcden1 Way will ~ tha public pnxe.ss for --~~tlg their Intcrloca1 ~ dac=r! ~ 1~ 1996. ro1atiD8 to their mpectivo Pot=Iial ~"hon Azea Des:ipatio>>. PoDowiDg ~X;iQ1l of the public p!OCeA, the Dcs Maha _ Fedm:al Wq aty Com:Ietls will CCDsidet . prgposed ammled PM J':ablrloea1 ApcmcIll v.tJkb ao1s b PM boun4.cy ~ Des Maiues 1114 Pedeni Way at 1be eaJtem edg= of the rigiJt.:otway of l~ Avamc South. u depicted on tho ll1Uatra1ivo Site Plan aUiGbed heRto as I3xDibit B. ' B. C. Prior 10 the 1lIIIle:(~ or my portion of the GtaDville Pl'operty to Des Moines or Fcdenl Way, Des Moines and Federal Wq shall adopt pre. 1laDC:Pti0ll Z01liDg and otbclr lad \l3e l:001ltrols G4 ~ons in eo~-e* with. the "J11ustxativa Site Plan" attached h=to as :Exhibit B. and tbe .1.oDmg met Building Deve1op1Dl!'At AgreemeDt attached hereto lIS ~Dit C. ' ID case of c:onfli01a 'bel:\Veen ~ l!lusttative Site Plan llI1d Building Dave10pmeDt Asmmeut.m! Des Moines', King CoUDty'IJ or , Pedml Way's zoIIing, codes, teguhtions. md l30d USe controls, the ~ , ! -" .- ~ -------..~--..~ .....g AW,UAC;i.t:Oa5e Pue40fR Settlement ~t. WTi- IIlldRdease hie 40U c'lllusuative S& Plan" abched hcnIto as hhibit B. and the Zoning all<:! :&ildiDg ~CZ1t A.greemeat attached htmo as ExIn'bit C sh.t11 contnll D. UpOn ~ of said portion oflbc Gnnville P:opcrty to Des Meine.!. King County IJlalI txmsfez- to Des Moines die ptOCeSSfng or Granvillc's applicadoD fur the multi.f'amily dlmJopmeIlt project" on the entire Gratlvillo Propcdy kzlown as Pacific Place CnM<lminiUl:l:lS, ~ Cwnty PctIXlir .Applicatba 807C0270. Said Kmg County pezmit App1ic&1ioa 807C0270. shall be deemed modiiied at !be xequest oiXing COl1I1ty, Des Moinc3, and Pederal Way to conb:m with tAD '"Jl1uatmtiva Site PImP attae4cd hereto as Exhibit B, cd 1be ZCDing aod B1JilctiDg DcTe10pmeat ApcmClllt attached hereto ~ BIhibit c. PNridcd, 1JJat _ XiDg CclmtyPem:it Applcalicn 8070)210 sba11110t 'be "~W1l ita Xins Coumy, slWl DOt bo deemed tQ . have beeA tuodi1icd It Ihc nquc:st of the applicazlt, 8Dcl Aid ~ wn lave 110 impact em the veabi ~ of _ Xh2g Co_ Permit ApplicatiOD 801C027o. E. Upon aid traD8fi:r. said XiDg Cotmty P=uitApp1icatlOll 807C0270 shaD be ptWCSIed by Des Moiai:s ill ~ with tho tams IZ1d COIlditicms o! tis ~ It is ~ llIIdcntDod that mbsequc:.ut building and other pemdta aought tor Q1s 10 h' COIlCtmcted on ~ subject property .fbllow:iDg ~CI1 of a portion oClhe GrIIllville Property into t1Ie aty of Des Moines &ball be processed 'IU1dcl tho Im1 \me and 'bllilding codes of the City of Dp Mabs, ~ect to the tl:mlJ llDl1 ccmditi01\ Jumn By this AgreeIDent. Flldml WlY c:onscnts to the IlaDsfl:Il- ofsa1d application to the City 0!Des Moines, IZI4 the ~ of said IppIicatica aDdIot 5I1bseql1COt peimit app1icatiaDa OIl file GraavilliIl'ropc;ty by Des Momcs, subject to the 1mn& aDd ~ hcrr.UL r. Upm ~lIfiOD of said pCItion of1bc araiMne PIopc!rty to Des !doilies. Des Moines shaD.process Ormrillo'. ilR'1icati0Xl for the deftlopmCl:ll: project on the cmirc GrmrilIc ~ lalown Q Pacifi.o Piau ~ KiDs CoUlltyPetXXlitApplica1ion 807C0270. Gtanville shall not be nqaired' to 1UlmUt. file" or ptodDce Uoy' additional doe1Dl:3emation, teIlod&. or tl\fbtm,ti<m. other tUn pteYIoaslyp.rovided to the Paxties as pan of said IGug Co1IZIty PClDUit AppJicallon 807C0270. Jt is ClXpRSSly understood 1har tbis limit ClD ~ doct1melJ!a1iozl shall110t be camtrued to apply to ar:ry pcmii appJioation. filed ater annexation of mypcrion of the Gtznvi1J. ~ iuto fbc City of Des ~ except tm any ilUdt peatlit "app1ioatiou U1at is %eqUired 1br approval as a P__d UDit J>evdopmem or SubdiviaicA of the devc10pmem pject on tbe entire. Gmlvi110 Property boWD. II PIICifio p~ ~ KiDg County PmDit Application 807C027G. 'I'Ju, Parties agree tbat' lhe docum~ provided to the Parties . 1$ part ofsaid ICing County PeDQit Appliatiou 807C0270 is a:s follows: ~" " , I -- --- SettIc:mem Agreement. W~ReIcase Page 5 0[8 .. :E.lMromn.cntaI .Site A.uessxnent by Barth Consultlmts, !m:.. dated September 23. 1997 · ' Road Varlancc 'by DBM Co.uiult:blg Engineers dated Febr.wy 19. lS93. , ' · Subdivision ~ by mt Amcrica:n Title Ir.surmce Company 0Idtt No. 345322-5 · W"UcDifc SWdybyWetlm4Resc:1.ea, 1nc. datedMarcl1:ZS,l99S · I.evc1 Ona Dmmage Rqlort by Eastsidc CoIIsu1tam.s. Inc. dated A1Iglut2S.1991 · Cftotcc1mica1Report by 1, Keith Croi&, P Ji.. dated May3l. 1991 · . TDfJic Rcpctt by David Jram1in 4; Assoc:Utcs md ~bscquCDt ~M.'.mm. · ~ Twb Dcnt:lStreaID Analysis by DliM Consubing BngiDem dated Jtme 8. 1m · TeGboic:al1nhmJtioA Report By DBM Oaul1i"g l3uginc:c:a dated ~24.1m · Wct1mld Report by Wc:t1and1laources. IDe. c!atecUaIy 29, 1991. D<<s Mo.' miew. ~ aQd appIOYal of Slidapplica!iQo Sball be limited to a cW~ tbat said project complies with tbe '"D1ustrative Sita Plan" attachcc1 hereto. a :ex1u"bit B, ~ z.:mmg md l31Ulding I>e:YeIop:mem Agreemlmt IIttIlchcd hr:rCto as :Exhibit C, aDd otha" ctmditions seated bemD. Mmccmlr. Des MoD5 sIJaIl not~. !CSclDd. Ql' Dtbetwisc mcdif1 app&ovals ,~ourJ.r pmtecl 'by King ~UDty wdr:: sDd King Cotmty Pamit Applicatioa 807C0270. Except as o~ stated Jwem, Des Moinc$ shaD 1Udhec appr:09'lI said project sullject oWy aDd ~, wi:bJut ~oa, ~ or additioo, to the tean4 aZ2d ecmditiOllS of tbc '"Jl1II,stntive Site PlaD.'" attaabcd hereto as Exhibit B. tho ZoDing and B1i!diDg))~ Agrtancm aU8du:d lI=fo as Bxhibit C. m1 other ~tiODl stated hc:n:iD. Des Moines and Fcdcra1 Way shaJ1 DOt object to, ~ or othcnrisc oppose davcIqImcat of the GraDvillo Ptoperty i:A accotdIDI:c with the "D1atmtm Sibt PJm" aU1ahed hcn::to IS Exhibit B. the ZoDU1g at Buildi:aS Dcwlt,pm~ ~ at!acbed hczeto . Elthibit C. IItId olhcr CODditioua atatedllenin. Prarided. 1fmt DII Moines allall prcMde . Fedcnl Way a l'lIirMnmll of b1mea (14) da)'S within 'IY~cb to, mift and ~ OIl t'lea ~ apprwa1 otGramill;'ll Padfic P1aec pioject. G. The tmns IDd conditioJJs or th$ "IUllStrative Site:Plan" attache4 herm as P.xlu'bit B. the ZoDia& md BnIldingDe\>elopment A~ ~ hereto U"Bx!n"bit C. and othe:r tJmtd;tftoa stated hmin can be 1IIXleaied. modified. or changed upou the ~ wdttflA approval of Granville (its successors or assi~). Des Moi:Acs,. aDd Fe&ra1 Way. ~ Pa2e6oi8~-go-~---,. .. - -.._~'" SeltlancntAgreemeat, Wa=-- md Rcleasl: Page: 6 of8 H. An ~s. I'C'iiellr. 3Ilcl approval of sabseqtleOt applieatiOl:lS :filed ~lati.ve: to the =tinl GmnviIlD Pmpeny. incllldiq but %lOt limited to, ~g. draiuap. cODStl'Wltia1 ~ ami 1nzildiDg pcmm" shall 'bo 'by Des Moines aDd subject to the c.ode. regn1aticms. lIlld requirements 'aiDes Moines, etcept as oth.c:r1ris4 set tbJ1b m the 1emIs md c:ondttiOllS of the ''DlUSlDtivo Site Plan" attachc4 bt:dO IS Exlaibit :So tho Zocing and BuildiD.g ~ Ag1'l:Cmal.t attached hento as Exhibit C. and other COmiitiOIlS S1atcd hcmn. Provided.!loweYar, that Pedcral Way sbaIl be giv= a two 'week period roUo. fDbDIittal to review md ~ 1m said appIicaticas. L '111e City or:rcdaal Way will dismiss itJ IpJlCBl now pa2ding bcfure the WH~g!m1 Court of' Appeals emit!ell Grmn11e~"'" Com. r:t at v. ~ aty otPemnl Wave et. !1 Court of Appeals iOf the Stalll of Washicgton. No. 44528-6-1 . ]. &c;h and tmty otth mmecl Fattitl agr= to prcpae. mis!? support anGer ~ p1~~ ~cea. _ ~ apemems, u wallIS coDCtoct mN<< priaipate ill auy pu'bHc headDgs. dccitned ~ to ciI'ect3m 1bchmm lID4 ~ oftbis Agreement. K. Each lII:Jd f:'Iftt'Ione ofthc DQled Putice qniOto.supped, "Gphold ancl cIefrnd this ~m.1b&: ~ofan appiaJ. ~ or bnmrit seekiDg to Jet asidb. modify, or'render void or iDvaltd fhis .Agree:mmit. 111 the cm:nt. t1W tbis .Agnaumt is aat asida\ modified, voided. or iImtidated,'by a CUlIrt of Jaw. GRavillc Ihall be be. in i18 ~ 10 px:ccc1 with its appJicatioD far IIJlPlOnl ~ lGDg Co1mI:y PDt AppJicaticn 801C027O, as ini6al1y filed. . S. Although Kmg CoU1d;yis not . ~ party to this ~ tho Co1mty is ~ to:;uppcrt IDd tab act:icms ~ herewitb.. 6. 'lhe Panies UJ.1dersfmd and a&ree that the CODsiIbation. thIJ Parties hmiD agn:e to Imdertab. in the foml of compllmco with the above-n:feraaced oonditiom. comtitntes the Partic&' to18l om:. to nsolvc m4s. my _ an appc.Js. claims, damages or disputes aDCm81h pl11ies hereto and that it fa 1Wl. comp1= IIIIIlIdequate c:cmsidealion ad com:peusation for each otba's acceptalllcc of the tams Itated !Ia:m ll'tId that DO Party will zeccift my othor or :fbttha ~ ngder the tcmI of this Aire=ea1 ob:r than tbat aprcss1yset forth h~ 7. In the wezd of' that tail1Ite ~ i21ability of the Partis to comply 'With the terms am1 CODditians of thi!J ~ Graurillo sbaU b~, 1m, in i1I disa:ctia11, to pxocecd with its appJillldion ibr appmval under Kma Colmty Pmmit Application. K07C0270, as iDitially 1i1ed. In such 1O.r:vent. tho City or:Fedetal Way IlDd. the at)' ofDclMoines azc 1ikewiso iiee to COIlJ[DCIlt npao, object to; oppose, dIaIlcge amVor appcallkfe10pmeDt ofthc Gxan'Yillc ~ bl:Idt:r K.iag County Petalit Applicatiou g07COl7~ as iDitially filed or u rabseque;ntly modified. . A~_' V"'_ i)CWc:;w.c::u1 <'l.gIeelDClnf, 'tV ~T ~ .N:l_ Page 7 of8 ~ . This ~~ mzy b~ cxecuted in ,idcrtica1 coum~ For pUlposcs of reeol'lfulg. ~ or ptQV1_ copICS ofthia ~eJlt, the couu1Clpllrt Iignalm; pages (and my cth. pap' thlt ace speciaUy matXe:d by !he ~) 1l:LaY be in=!ed iD!O ane of the ~ to create a single ~ (l[ copy orb flDtitc ~t, . 10. This Apaetlt!hall be ~ tI:llde:' tbe laws aflhe State ofWasbiDgtoD. 11. The:Pmics bmby mtbcrize tbdt attatneys to (1) c:tec:nte the apprgpria1e:llll&es to eHect ctismissal(s) with prejudice or my ml aU appeals 'or cJaima 1l1c hUes haYe h1itW;:d agaimt my other Pcty('a) Of my pencms cove=l 'by dIis Agre&mcnt; IIld (2) tab all ~ ml ~ steps to eQSDIC that Iadl DOticas arc filed on ~ oftbis A&rccmG- 12. '!his ~ shall b" biodin&lIpOI,\ the heirz, Sl:I~ ,~ m4 wip of~ panU:I. Bach of the sig7'.tccies .1"'1"4-= and wmmb tbat he 01 _ has the M&1hol:hy to sip for his or her ~CDtity. 13. ~'PeeI. Shovld it be DeC:eSSlU)' !or my party to 1bb Ap:m=1 to iJaitiaIr: lDpl ~ to adjudica arJ issues adsmg hcumdt:t. the paq or pries to soch lepl pt'CKcMl'llV wbo substantially pmraillball bo dtled 10 ~ or their .itmneys' fees. costs, cxpaues and ~ (D1Ddiq the !eel atId cpc:mes Of expert and t.d Viitnesse&) ~ ~ or made: by the ,substlmtlaIly prmdliDg pm1ies in pteparlng to bring llllit, dmiDg suit. on JppQI, 01\ pctitioll fCf =view. Qd in cn1iJIclng mrj judgment or award. !tam 1bc: party or parties who do DOt Sl.l..t.mMIlypm'lliL 14. ~ ~ . 'Ibis.Agreement is tbc m..l _ ccmpJete ~on oftbe ag=ml:nt oflhe ~ on all &se sabjects. 'Ibis ~"Ut may not be modified. interpreted. ~ w;ived or'm'Okcd 0J3Ily, but only by . writing lIigDed by all parties. Thia AgrcemeI1t supmedea and~ II!l prior ~ c1iscuuioDs a:ad rspa:se.ntatkm OIl anlhese $Ubjec:ts. an orwhich arc merged iDto. and sv:plDedc:d by. tllis AgnlcacnL No 9arty is entering into 1W ~ ill reIianco on my oral or 'WXiUa. ~ ~ ~-.utAi~ =c1astaJldiD&;\ intctpretatiou or apcm.ems other tba:Il tJIoso r~ in thi5 Ap:ma1t md tho ExhtDifJ h=reto. IS. Tho P&rtic:s acknowledge that tbey have lIad 1Wl oppcItmdty to IC"riew. corUc. aDd discuss this AgtecIment with ~gal. collDd lIl14.tlIat their JeSpCOtive legal comscl his lUi1'ised that t1Iis ~iI ft!id, eotbrccabk.1IIId 1cpt in all Iapect9 md tW 1be1DtdGpd individuals have faIl authodty to "ocW thiJ Agxcc:ma:lt CD behalf' cf~ zcspecliYcfctics. 16. No Ac:1mizion. NQtb.ing COIltaiJled in tbis ~ &ball ctIDIti1Qte an ~ or aror. ~ liability, or my other kind. by my o!the pllltie.s to 1his Agxcemcnt ClC 'by my p=sons 0: emitlC'ill n1easod or covered by thia ~ provided. ~ it is ClCpl'l!SSly ~~ n ' ' II /I ~ \ Page 3 ofs -. Setllemeot Agreeznem, Wai-'lIIlc11?clease Page30fS . and agreed thai: tlrls pllnlgIaph sbal1 in no way bar 8Zl.:Y party .from ti.Iing a clai=, demand. or lawsuit for speaSe per1'om\lIDee of the terms and c:onditio:os of this Agreement or for damages arisiDg out ofbteaeh o.flhe tams IlllIiCCDditioas oftbisAgreemcat DATED this -..:.... day cf ,2000. For Donald mdMarie Tnj!: ~ ~~ - DccnS. MitsI1Dap. WSBA 12m It=t Ml:CJure, AttJn:1J6ys !Or AppeDaota GralniIl. Soutbem ~ IIId 1Jona14 aMldo Tavis fLu;/~ /J1/IM~ Dolllld Tavis ~T" J?ated: 31.1f/'~ DMM' ~/d I()~ . FW_~~~ofDmM~ 7': _~ ',III!1- J.L<&~ ~ . r- A! theDireclicn otfhe Dcs~City CoaDci1 Pes Moines City ~ at 111 ~1ic Me;tiDg CD . It ~II, 41630 nil Ave:coe South, Sui1I ~ Dated."'7VM~.c-l /"$__ Dca~WA 98198 . J.wtoved: ~~ Bob c. S1cdlmk. WSBA No_ 19514 Fedeta1 WftIJ!ulqim City Auomey 33530 Pint Way Somh Fc&:ra1Way. WA 9SOO3-S006 ~ .. Exbfbit A - . p.. m (r~0:. ':' '1":. ,..... li' , ~;i.:. ,; . :~-~l p~ ()r-r: -, -". ;,j.' (j C:,,:. l~ :'. ..... SETI'LEMENT AGREEMENT, ~AIVElt, ANI> ~ , , GiaImlle Soatbeca Co.-po~D, Doaaid aud Marie TDis, ~ the Ctits ~Des Moines, _Federal Way ---.--.... PAllCELA: THE NOi.'l'BEAST QUARTER OF TllENOll'1'li:F..AsT QUARI'ER OJ'TBE SOllTlll'.AST QUAll'l'EROI' SECnON 32, TOWNsmP22NO~ lWiGE 4EAS1', W.M., IN KING COtlNn'. WASlUNGTON;. : PAJ.CiLB: , THATPORUON OJ TBENOD'S219.'T'~,()J THE NOll111'W!S1'QUAlltER OF 'l'BESOu-Ui wMSr QUA:aT:ER OF SEC11~ 33, '1'OWNSHIP 33NOJa'B, RANGE 4EAST. W.M., IN KING COUNTY, WASBINGTON, LYING WESTOlSTATE mGBWAY. PAB.CELC: i THAT P01lTION OF TBESOUI'H 119.70 FksT OFTBENOltTB 43'-40 FUT OF TBENOkulw~r QUARtER OFTIIE souniwFsr QUARTER OIl SEcnON33, 'roWNSHIP22 NOlU1l,RANGE 4 EAST, w.M.,lIN KING rooNTr, WASBlNGTON, LYlNGWES'l'ERLY OF STATE KOAD NO. 1 O>>~ClP'ICmGllWAY SOUTS). PAaCEL,D: , i TBEsoumZU.74FEET OF 'IBENOX1'Jl BAU' OF TBENOR'l'llWESTQUAR'l'ER OF TBE SOUTHWEST QUARTER L11NG WFs.r OFTBE nA.1'EROA.D, SEcnON 33, TOWNSlUl" 22 NOIml, RANGE 4 EAST, W.M., IN KING COUNTY, WASBINGTON. ' AW:Ct. ..., Jf,JI!'i#I\;f.~T. , . I I I r . r: i . ,. I .. It ~ -" ~ -. 1nlIiaIs: EE3 ~. . . j:l .' . . .' "j J .. . . f.~ ijJIJ: ~l"V Mr rfJrt l~m.1 rfI E%hibit C I: ZONING AND BtJn.DINGDEVEl.Ol'MENT J.,.~"FORDEYELOPMEN'l' OF l'JiE GlWmLLE l'ROPERTY LEGALL YDESCR:mED IN ATrACHED EXmBIT 1 (1) Zoning !hall be RA 3600; (2) Development IlIIall be pl'tICCaSed and approveii, as Ii PlaDDCd Unit De1c1opmeDt or Subdivision panaa:nt to Dca Momea Code CODsiatent With tbo tcmlS and conditions set fOl1b bczcin IIICl the ScaIemt:at Agreement" W~. and :Rel~ to wtJeh this d.ceumtnt is appended as Bxhibit C. , (3) , b:cpt u otbenriac IW.Bll bcraiIl, the lIUmI:er of.'US1iWlots IbalJ 1iOt exceed 84 COJI8istiDg of a mile of 21 ~fauiIy =ldlmccs, 30 dup~ IlDd 1 tripOOt. The mix of smp. fmily ~ ~ aDd 1Jipleus sbaD be subject to minor lnOdific:al:ioD at the .~ of the AppJbot.IUbj=t to the ~ ,of Des ~ IDd FedenI WI'J~ IS provided m ~ (17) beWw. 0wtH:nbip lof each mair/Iot aba1J be in Cre simple GWDl:l'Sbip. , ; (4) 'The~. Ratio.. t)pc. CODfigDratioo.lDd ~ cf1l:Qirs acd Iots~ size. Jocatioa and .....4i~ of ~ ;roadway loc:&tioo. .. cd lcD,c1b; tda:s; geMra1 JayoIIt; opon ~ md lIl1 oihc: ~ IhaD be. dcpi~ hi th$lDaatzati~ Site Plan, dated MaIeb 17. 2000, pIqlICC4 by ~ ~I X!dpeexs __ 10b N\ZIIlber COPD-OOoI md attached ai lhhibit B (f'JlhJStndivc SiID FIall") to the ~t . A~ Wliv=-. aDd RdealIe to whicl1 this, df.y...~ i.s lItbdleclu RW"bit C. l&or dtNiati~ frcm said l1lustndcd Sit. PlaQ Jm1!oCc:ut subject 10 the approval of Des Moines and Pe:de.r.al Way. PlUVided that the ~ oflots.1mirs.11ld buildbag sites shall :cmam tmcbaI:lged. except 1baf the uv:mbc:r' of i~, tmits, llIlIl building 111=1 may.be roWced. at chc sole diac:zetlcm of Ibo app&ant. 1h~ deuoticG. ~ and toad layQu ItfJected in tho lllllIttaIive SiIc PIa may ako be Changed. subjtIct 10 ~ by the, City or Des Moines 8Dd the aty ofFc4ctla1 Way. In ~ of CODf6ds bctwceD tho lllusttative Site PIaD and:De& :Moiaca' Of ~ Way"s ~g, cxx1cI. ~ IUd !and .us!: COn1X'Q)i, tbia ZoDing IIId Dcve1opme:m ~ and tbe ll1ustra6w Sift: Plan shall CODtrol. : : (5) 'The City of Des Moines Iball provide the City of FecbIl W1f/ a mmintnm of fOUlteerl (14) clays within which to mir:w and ca1IlrIleDt ~;the mustraliV$ Sil$ Plan prior to the City of Des Moines' aptmYIl of !he PacI1'Ic Place PIamled Uit Development. Pxior to approval. the City of Des Moiues shaD also provia! the City ofPederal Way a Illi:nimUID of f~ (14) days withm which to :rev5ew lind comment 011 any applicati03lS fot building permits tor indi'Vidual baildillgS/Jota ~D that poxtiCIiD of the Onnvi11e Property contaiDed wiflrln the City of Fcden1 :Way PM, as defined 'by the PM Iatcr.1oca1 Apemcat between fhe Cirt of Dea, MDinea am<! the City of Fe4eBl W~ in etTect at the time of my apptic:ation for a buiJdini ~t en uy lot located on the east side of lSlIo .Av~UIt South.. To implt:mcnt UUs ~graph, the City of Des MoInl:s shall pI;O\'ide copies of the ml2SlratM Site Plan. or b~dil1g. pettnit application, as applicable. 0,:f.,.t{ . v~ J1}~' } : i to the City of Pedm1 Way. lIDd the 14-day re~ and comment period sbalJ. comJ1ll:::IlC: upon FedeI1l Way'5 IUeipt of m. Plan or app1i~on, :as applicable. I I (6) The CityofDea Moines shall provide to the ~of~ Wrj lS'hoitbc: application fee amount ~ to tha appJicant for any ~g permit for lots on the GranVille Property and loc:a:cd east of IS. AYalllO S~.:payment 10 FQnl Way ~3Il be mado witbin 30 da)'S olDea Momes' rcc:Qpt of tho feetrbm th~ applicant. ! I ' (7) IS- Ave.. s. as de;ict=lill3lid lIJnstraJive Sitci'lm &baD be dcCkated to the City of Des Moineusa poblie s1rcd; , : I 00 Devc10pmetDt applicatiom that _ ~ I .tb the terms of thiI deve10pmcDt ~ IbaJ1 be dccm:d to bave ~ &sip ~ aocl Diitigadou ~ that In wftkienc. to .md ~ agDific:ant en~ ~ 8CdcrtiDg1y. S'lldz ~cm man be IO~ Ita ___ of 1m MONS. with DO additiOl1lll COllditioJJa acbcr1ban .lIltfCXlh~&DdDO:mswm bc~i , . . ' . i l . (9) PrBYJous stDdi.C$ re1md 1'0 wct1mds and ~ on tho. p:t:pmd md sobDl1aed to ,ling County under Xing Colmty Permlt A~~OD 807COZlO ehaJI be di:emed fnIly adequ* md cutfi<:icnt IIDd IlbaD be used. No idaitiona1 studies shall be RqUircd ,The ~ agree tbIC the ~~01l ~ ~ lbc Paties:as pan of said Xing Colmly Pcmit AppIicalicm 807CXa7O is. foDows: : EnviIomnClDtal Site Assessm&nt by Earth eonJalmc. dated September 23. 1997 :Road VadaDce by I>}JM CtldailtiDl&giDefa ~Nl'uaIy 19, 1998 SubdiviaiOll G~...lA bymt~ ntlc~Compmyoz&rtJO,. 345322-"5 'WildlimStxldybyWct1aD4~:mc. dIItcd~2.S.199& ' ~ QnoDraimgc ltcportbJ&mido ('ons!~. IDe. ~ August 25.1997 Ck.ctectmicalRcponby 1. Xrith en.. P.B.. ~May31.1m TrafIic hpolt by David HaDIliD & AsIOCli~ ~J\1b$eque.ntJdd~ . LcVe1 TMt DownstramAnat,lii byDBM ~ B:qiDce.a dazed JuDe 8.1998 . Technical l'nfocmatiQo B.r:(atBy })BM ~ ~ tWO<! Odobe:r 24,1997 WeOmdRcport byWcdmd~ IDe. ~29.1997. " (10) ~ I.ew12 Plow Control Starldird.!IS ~ J the ~ Xing County ~ Water · J)Qign Manual, ahall tppI.y' to ~tion ~t'iel for the plOjcet.. No cJownsaeam ua1ysis shall be ~ The ~0Il filcililid.tortbe ~ aba1l oDl1 need to meet additioual dIai1lago demands c:zcatcd by tbis ~ This p10ject shall DOt be JeSpODsible fonolviDg~g draiIap jJIOeS faced by ~1l pzopetl1 owners; (11) School impact tees (for Fedcl'al Way Seboo1 DiSbi<:t) will be conected; . I (12) WS'POT must approve (i11 ~ any and ~ entranCes 3Dd exits ~ tc/rtom Highway 99; provided. however,.that ~.~ not to seek appmval b such entmle:e$ and/or eldts to or from Bighway 99 ~ the Qm\'iDe Prope.rty; 1 I 0;1.t1f.T- Pf~AAtt . ~ (13) --..~-I-----------_._...- I The: JmIIkr.t ~ will be cfcmolisbcd if tbc ~J upon which it is located in inr;Iuded widlhl the proj<<t: r ~ City of Des Moines shall apply. and the Ji,pliclDl aad its snccessas. heiti and mign.s WaIl cqmpIy witb. rho (Sty of PedeW W,ay si&n code. PedetaI Way City Cede Scc:tioDs 22-1596 - 22-1629. or lIS. "'!"'-"'~ ~~ to rbat pcrtion oftbc 0rmmlIe Property within the City of P<<'.erIl Wais PAA . defined by the PM !z11t.docal ~ bctw=n the City of Des Moines ant! ~ City ofPode:tal Way in e~ at !he tlDle Gmlville or ia stICCCQ01'S. heiIs or asdps ~k to a:m$tNCt er iDsta1l :my sip. I.. ' 'Ihe City of Des Moblt$ shall appJy,lDd thC .ppJicaul shall wmply with. the City of Fcdczal Way mot deYdopmcuc ~ tocj:thal ponioa of1'acific HighWay Soadl abutliDg tbc Gr.mYillc .Propc:rty; pnm&d. ~ that the applicant shall lIot be nquiml to COIlJtl'UCt SQett Jb..}4'Onmews for t1Jr pclCtkln hcifiG HighWaY South. To mitigate !he traffic: impacta trcm thD Pacific: 1'la=1~~. <h1nvil1c sba1J. dotbefo~ ~ . (8) Pay its pro J3f.a ~ of ~ c:OIt of ~ flIll= ~OD ImpIuvemcut PIoject \IlP") bown as Sll99 flom S. 2i!l4- to S. 'l1'J!4, which pm:rata share is .bereby deresmiJlcd to bo $21,cm.. Said ~ sba1l be 1tId to ~ City of Pcderal Way III tba ~ Gca1wiJ1C =eivFs fiI1Il PJaaDed Unit DevdopGIent or SllbdI.'Iision apptoval fl'am ~ City of E>ca Moines and the eXpiration of an applkabJo appeal peri_ Par&88Dt to I~ Way City Code Sc::ctim1 19.. 46{b)(S),for a period of twenty (20) ~ trom the data of thi5 Agreement. GmMlle heleby waives far iIself;md im'suc:ctSSOIB aDd ~ the right to any tdi.ln<1 of its pm ma share of 1be SR !iI9 mb S. 284" to S. ~. (b) hyil>PO__ of"'_of"'~ ..S.m"J n.,,- ~ which JW ala ~ is' Mt........inM 10 be $21,llOO. Slid paymeuC ahall bo made to IbD Oty of~ Way at the time Gza1l'Yi& ucci..u finall'1anlled Unit t>cvr~ ~lfrom the Gty of Des MoiDe& and the expir;aticn of all awJi98blc IpPCIl ~LNote: I ;lddBd this to cJmif.y dmlnC of , paymr;at.JPamant to:Fedcn1 Wq Cilyc&ie Seclion 19-46{b){S). for apc:docJ of sev= (7) years fiom the date of ~. I. Gnnvillc heEeby waives [or itself and its ~ met uaipS thoui!Jt to ,ietimdof its pro lata Ibm of tbeS.2B~/SR99ltlt<<kaiooImpro~ ~~ ' , (c) & palt of the Paci:lic: P1ace p1aJmed j cIeve1opmmt. dedicalc to rhc City of Pede:Jal Way a 1S-foot ripftt-af-way ~ t!le east bouJdaty of the Gtan\lillc: l>rope:rty lying i~l)' ~ac:Dt to j;ll1d frontirIg along l'ucific Hipway South. FroYided, that such ~-vny di;clication UJSy. at th~ sol~ discrctiOJl of Gmnvil1e, contain a motDicmaIy clause, ~g the cJcdicated propertY. or any podion tbc:zeof. to rcvat back, be ~ ot' otherwise mmsfcmd to Granville. its hebs. SUOCCSSOlS, cd a3S1~ in the event that the City of Pcdcslal Way detctmineB, in its aole discretion. that, [.. - _. or .., po<1Ion , f. 9.;lM t U 11M I-M'J r. j: I. (14) (is) ~ thereof, is not needed for right-of-way pu1lXlSeS at tl1c time of constM:lion of Ibe SR99S. 284da_S. muTIP. . (16) In recogai1io2l of ~an space dcc1lcatioo ~~ tl:I$tOmarily imposed by the City of Des Moine&. Ihe City or Des Moin~ ~ apea that ~ aha1l be givea full emit far 1bc tat!! square footage of the l(}"fuot wide t'~ grm1ed for constructiCl1 of the waIkway BIZr1'Omlding rlle wdllad located m the midc1le of said projeGt and the l:OSt3 of constnJc:ticm fortbe $i~ aloog * walkway. , (17) In ddezeslee to the xecmdio1l Ipla ~ ieq~ customaril}' impoxd by the City of ])e$ )(oiDCS, GzaQvme sbaU mab a;ODo-tbile payment In, tbe IIIDCI1IIt tJf $47.soo.00 to the at)' of Des Moines. As ~ for GnaMIlc', ~ to :!I:Iab tie 1UU paymlIat of $41.500.00. the. City r:l Des Mcbles apo 10 i:acft:ase the ' ~111' numbC'z ollmits allo'Itecl by ODe, 10 8S, wbicll ~ AppJic:aDt. its it sale dilCldloD. c;q apply to czea a *Pfamily ~. ~ er triplt:I; pgMded. 1Iowmlt. ifGr:lDYi11o is OJJ:ib1a or ebcoses not 10 ~ thcmaimta at1U1ber of IoU iu tha 1iDIl plan to IS. it Ihall ordy bcs respocsiblo f~ 1lII1iDg a 0Z>>tim0 paymaat iD !be ~ of $35,OOO.DO to 1bc City of Des Moi:nCI as.'1Is JDitiprioII fee b"KCdioD spICC ~ AmIIpmeDrs 1!x Aiel payment. i(~ ad writtal eoGtimIatioJa ill Ibe fa&:m of lID -=dcd site plan JafJecthlg ~'IiIJc's cJedsfOIl xcprdiag the fiDa1 ' mnnber of nDlta md 1beirfiDll p~ lIIId c:oa1iguIaIioo, .-u be made 01\ or bc:fota the date on which 1be Des ,Moka City CalDcil~ii scbedu1cd to vote OIl GtainviDe's proposed P1auued Unit Dm::lClpDlalt as ~ he:an. Said pa)'mCDt.' however. Ihall ])ot ~ due llJ1til fir1a1 3pt>roval of the PJauned Unit Dcve10pmcm or SubdivUiou as desuibcdl=rem and me e.xpimi~ of aU &ppeI1 peaods. (18) At the ti:m6 of C04StnJctiou of 15" AWl!" Sooth. GmMne abal1 install tnlftie calmlng devha, in the fmm Of apeed humps. on lsa A-= Scutb wi1bin the}ll'O'llOGCd Pacific Place aile aDd ~1bin the ApPwood subdMsiOD. ;]be 1IIlJIIbcr. Iocatica and cScsip of 1be spcod lmmps ahaD ~ IS dctcmlitled by tho aty .of Des l40IAea and City of ~=at Way Public 'Worb Dilectors, IDd set fO(th 'by GtIIrIiIIe on the e:DgineerlDg I amstnJdioll p1azu fer: ~ ...~ South. . , ' (19) No :mitigation fOOl or iAAf'V IomeatlI sbaJl be ~ II . condition of app:o'Ia1 of me , I'laooed 'Oait ~ by ~ Cit)' of Des Mobie4. except as set fodhbea:in; proWled, howm:. that tbi$ apcmem dcIcs "it I1Ea' or ",aM: Oranvil),'s legal obtiption to comply with any ~ aD applicable ~ ~prc1iDg impact fees i1llposed by Ihe Fcdm1 Way Sc:.hool DistliCl.', , . 9ct. ~Tt 111An11~1 "?;: l(~1I ~~a k -" I- ... ;ii ;il ;:; ;: ~ 1= ~ III 1" ~ .. l" lIE !I: ;~ll ~PlJD_ -- ~.. lIB'" - ~ rr---- ~I ~ EXHI~~ 3 ~ll\ JJI . 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" i e · ~ ~ il~ ii;~ i ~ ....as g Ii .. ~ U . .. .. ~ ~ I nil:; u '~ ~ i il . ., '. ~ ;.: ~ .~ ~ ~ ~ ~ i i~ ~ i ~ & g dnu ~ ~!P!t , 'rl-; II ::h!i inn. i 'ii'l; · ;u!u I ....q i iulll · drB ~ ;.. !i . .ll I. I P' h i iH h . 'U i t ~ It.. ~ l . I I I . h' . a ~ i , s ~ 5 il it .1~; :fii : I~f ; i;F~: I-.Lili ~ . ! ! ~ I I - H II H!'~I in . IIf "'I,t ~ ~ 21 Hii ,. ;1 I! A~i' ~ I~!l~ , ~ei:'U 1m ~ ~ ~~~~ - ~~!. - ;! "I ~ i 2 ';;:, ~..~ .~_"! ;t ll: ~~~ ;i~f ~I~~~ i i~~ ~isf ~~:~, 1:l ;~i;:; ,.,.,!::; . ~f' ~i' 51 ~i~~ ~I i q. ,h '~~Ii ~... i::! ~"'l: .8~ .: R~. la, ~~ll j~' i"! 5~! ,., ~~. 'ii' -I. .J:~ hi! ~i, "I ~~~ ^~ ' ~ ~ ~i. :~~ ~~. ~.ll '4; q~! ,,~ I ~u ! ."' ~ ~ ~ ~m i!~ I!~ - , ~~. .!5 f~5 'i~ i:ei t~- ~' !Jj m. ~R~ ~R~ .~I~~ i.$~ .~I -~I n h::~i:: li :;;:j :' '1'15 ~ ~ ;;: ; ~ ,$I; ), !~ ! < !i! ili II:!: q tl I' '" n 31 &1 ;;l i 1'l n~ I' OJ ~ i ! . n Ii I ~ H J · . . ~ ~ ~ ::l ;. ~ !'l .. 1" ~ ;;:: COlIER SHEET -- z~_... s: =~.. A -_ .~ ~n~::: !l - ._, - ~j PACIFIC HEIGHTS ..... 61 1:>1 I I. -- ~i 1 ; ! DES/oIOINES w............. 'Q- -;~,. I~mr (9Gl~ ~ii ~~ ~;I' i" ..1 .: ;! 'j ;j ~: ~ !~ / ! ,,~ i!~ i I ,_: -~t~,i "':.f1~"i::' +~:-t -11 -,(----]::;:::> :::::::;:::},,---- .\ :r~"""" ,',' ....'..,Jj 18:::'::':':':::::':;1 "J-"" 1~0~::::: ..':::>::i{' ,. ')'I~~'" ., ,.. I '0' j ~.""" .. .,~- " ..L \::1> /~~<>j ~ _7..,.~-.. , , . L, , . ' , J -.' ~~:~:<:?<~;<:>{ ,t'>'lJ'"" " ,,\~.','.'~ ,1-.1.::: :::~~:':::: ::::':.';~::::::# I.-<'.'~ ,/~......,...,','t --~'~.~~.:.:.~./ - ~'a ......._~~--1 !:: ~:.; ,. .' ~ " to '" ~f. ~ "'i' I I ~:: ; I ~ i'< ~ !'1 ... !" :lE it t )'! " 'l; <I '" ~ g :t i~11 ~ ~~ ki I . ~ ;:;0 PRELIMINARY PlJO MAP iT--' ~ ~ ~ =~,.a i . ~~il~ om I 40 --. z-l Ei .- 4 --. ~~1;2:1. - A -- );! ~Siii "'m I' ~ " C') c:,., II i I '" ~ m~{ c;'" ~II PACIFIC HEIGHTS 't!tIr' . .'. zO n <c "z OESMOINES. WASHINGTON ~ ~ , 3: I i ~ i! ~ ~ ~ ~~~ ~ t: , , , , ~~- . 'Iil r.r III ! j. I f f~ I .~ "twi I f Ii I r 'IJ , I !~ ~ !! ij {p .' i;~~ i~ "'~. -.... - _.~~o.. _ " 'j !l .\ T I Ii \: ~.Jo'~~~ ~ ~ ~ ~ ~ ~ ~ Ii ~ II~ :t~ ~ ,'I "1' ;.'." . ~!. ", i ~:i ~;::II , a i ~ , ~ " ! , ~ '" ~ ~ ~ ~ ,'<. ~ !1l .. 1" :=; 1t .-~ t I ;. i , In ;:;0 PREUMINARY SITE PlAN -- rr-.- ~ = ~I:nJINl:W"Z nU~ ~- A __ " om ~t .- A __ 'J :S~J.;zi z-i ~ I> .__ !! ":0 "'m f. W- i>. . :>: ~~iF C;>c i>. i~ I It PACIFIC HEIGHTS .- m~f :;'" " - ~ i ;:0 I -~ ~ I II d <Q - c>Z OESMOtNSS, ~ ~ ----, .-..---- .,,-'...... -.... !~ m !* ~ I~ I I il Ii W i'& I I ~!ld ~ ~!;i!!5;i).~~) ~~ ! * ill ihl ~I:I il in mq~l! I~ ~%!! - · e il. il!. dl ii! .!~i i; rli ~ i II~ fl~1 ~ ~ nr I i~ Iii i . I .....- rf--' ~ r TREE RETENT70N PLAN i 1lII/IIItJUI~IAIC:W.M uII! .-0;;_ A __ IM!r A __ ~~ gg ~i A __ .- t; <"> ttl!~' - eo c" ::;;: PI PACIFIC HEIGHTS eo ~ ~ ;i 8 eo i I "II: eo <0_ .- eo C/t$ MOIND, """"""'" --. t; ~ ~ ~ l:l J< ~ .. ," ;Ii it .....-:' ;p . ' .... . .~. ~.):.. . ~C) f <f~" \J . .):.. . '.r. . ~ r-...----- , , : :)~}~::~~- ::: , , , ~~ l___... . ::,' , ','L:j: . ~ j '- i I :o' ~ ;l\ ~ 1 ~ ;..""1 '.;' 1: nl~ii!~~IH U~1 Ilq*@~@)0@$e00~01000Ip ~j~l: ~i! h! i n I HHII' Ii i~ nHHHIiHqqniqn~ u III Ii di:rft ~d ~ U!HliIU J f j :1 f H f n 5 i f ~ i ! i ! i ~ ~ f ~ ~ d~! ~q~i <> j Ii ih. I ~ ;; ~ f ~ i > 1 ~ 1,=13 Ih!: iUP Uill~ j I~ J! I f n~ ! qni ql ; iI i ! U ~ i! ~~ ~~ j ~ I If h ~ ~ I < i ~ I ! i ~ I I ; ~ & !!i f~ <~ II I . II J ~ i - . . . . . . . . ,. ~ j~ri g!~! II III i II g ~! ~ ~ ~ ~ ~ ~ ~ ~ ~ l ~ ~ ; ~ Ji}l ji !~ i f~ q i i.. a · I I I I ; ~ ; m i!" ~ Ii ; ; ; ; ~; I 'I g i i i i i i i i i i i i i i i i :M !m~ '~j," Urii ......~ WETlANDS BUFFIiR PlANTING PlAN -- =--~AIt .- c_ - ~ - - 01(1;_ i~=- =:::... ~ 4. ...._ <:. ~ PACIFIC HEIGHTS DES_ ...........",. . ,,,------- ....._..".. _00;;'" r I '\ ii" ~.' "xI ...~. ,':' ~,~. '----< c ~ OJr-, . ):,. c::)... ~ ~~ II" :... ~~~.1 r;! I I 'I! II ': ,/: [ :.~:I! ~ ,Ijl~[ : 'J. , .'. .- --;;-/.--. ..J_ -~..w- ....- ,.1_ '.." , --. l n. , . -, _ ..1", _ " _ _. ~. ,.1.. ' . :;::' ... ... ... r- :t. ~ (J) Q " '.: "..: ":. .;::: CO r- c:::t. ::'1~ ...: :;: 3;6 ... ..: :'. '".~ ft: .. ~~ I ; ; i ~ . ~ . Ee <&.~I (081 j ~ ~II! III! : II J ~ ~ ! ~~ lm ~i II II ~ , ! P i ~ ~ i ~ I < i i:l ~ ~ ~ ~ ~ ~ .. ~~ i~ 9 ~ ~ ~ ~ ~ ~m ~ l ~ ~ l ~ ~ i i i ! i I i ~ ~ I ~ .~!l~ ,. ~ ~~j.~i C) n~~f ;" ~ m~f '" - lANDSCAPE 8UFFEl'I PUlNTING PI.AN HMWJ~':::~1. f oc =:::.... ,- '" - 6 .- 6 ~ a - 6 6 6 6' ~ " PACIFIC HEIGHTS CE. MOiNES, ~c - WASHINGTON Me-' j I H!l~ '::l> ~~!u ~ ~~iiJ "" 'l!: ~~~ ~ ~ .'E~il 10_ 'illS I'qi ~l' i!i ,I I:I J, :* II! '! Ill. i! I~ i . t- Ii I ~ I , !1!5~:a r. .1 .. Ii ~ ,. ~ · Ii .~ I.ANDSCAPC DETAILS AND NOTES -- ..~.- :!S.(~'~ &. ---... _ A __ .l~ iii. __ - " ~ '" -- ~ I -. ~ ! __ Iir.Q' "i PACIFIC HEIGHTS _MOiNES. .~ i I --.-""'.---- .....-......" -...- .,: ! ~I ! i : i i &BeO tC ll,.: i' I . : : 11: i Ii iH:;; l: ~:!n: !;~!; i.... ':~ nH~t iiii.llp if 'II ;~Ii h !l: ~i 'III I', . iil i -~ ih S~~ I I I I '... ... ", ~ i I I "lij t '. ;+----- '. :J......\ ~(...! "/ \ II , \ \ , . , \ : \ \ \ ~,1:-;'''' I/~I(-' -..-' F. ,-" ",~~! i \" ' ., I I /\~\ II \... \\ \ \ t , . I : , , , , , , , \ , " , , , , . \i\ '.., "-~;:=:-=~~ ' '-TII: I . \ I L ------{ " -"\ i .... . . . : I I " I , , , i '~ C::'~:; ; , , \..t \. ~ \ . ~ .. \ \ '1 \ ", \ .'~)I)~'''' : : \\...:~; :. ':\\\.:_",1f; ......., ~ ~ . ", IJJ , ", --~- '" ..~;~/~ r' ~~I -, !: 1 "~ f-.-.. ~~~ I i ~ I r. ~i~ : - 1 ~~f I' - ~" ~~ ; ~~ I .~ ~ r , / I ~ 'Ii ;:;0 BOVNDARY & TOPOGRAF'H1C SVRYl!Y i'i!!;It! om I $~I~i z-l I- "'m II ~~i~t C;<: II PACIFIC HEIGHTS hh :::;'" I' ;;;0 ClZ OES"""""'. WASHR<<mJN ..~- &. ---.... A ......_ ... --- ill II ' -- _,"~A& ~- .- ~ .- - ... -~ - -- / I ~ 1: ~ ~ ,:e ~ !Ii ... l" ~ it ~~I ~ :> ~ =i U 'E ~ Exhibit J Approved Planned Unit Development Pacific Heights J J'7 '7 '7 '7 '7 '7 '7 '7 '7 ---. W ...--- 'i!l ~B\II1dw '3Wf'ln; -... '3tl'O ''''''''"' """""'. '~ ~. -- .......... ~_J3J'OMd 7dlw:llASl3dilODMf -- NOJ.9NlHSVNI 'S3NIOn S30 S.l.H9/i!lH :J/:J/:Jtfd ~ i! I' I I, !~ai~ .S -I I I J~I~~ !~I~ ;~!;!~ !~ ut\i ~ ! I ~ I dItW and ^~/WI73W i n~ "":-.-, , , ....2-"':~ i!: 5 II) ~ J:: o it (3 ~ ~ ?:: iii ". Iti (!J 0:: <l ~ ~ &f ti lJj ";'", ~{ ;.-,; q ~~ ~'~ t::: ~~~ ~8~ <Sii'i: ~e~ "'"' ~ii i~ ;~ .. .1 -I ~ ~~ ~; !: u~~"Adlil III ~~a I~a !:u 15 !liil .... lti.( ~- 6l 6l 1:!t!1:!t!i! U! !3 :!,.. ~~ IS ~ ~;.~ 9:.~; ~hl ~ h!~1 Exhibit K ORDINANCE NO 1431 Rezoning a portion of Pacific Heights ORDINANCE NO. 1431 AN ORDINANCE OF THE CITY OF DES MOINES, WASHINGTON, amending the official zoning map of the City of Des Moines in order to change the zoning classification for a selected portion of a property currently zoned RS-7200 Residential: Single Family 7,200 to RA-3600 Residential: Attached Townhouse and Duplex, WHEREAS, approximately 9.19 acres of property controlled by Pacific West LLC is currently zoned R-7200, and WHEREAS, primary propose of the zoning code as provided in Chapter 18.06 DMMC, is for the orderly development of property in the City and to prevent the intrusion of incompatible uses which would damage the security and stability of land and improvements, and WHEREAS, the Settlement Agreement, Waiver and Release By and Between Granville Southern Corporation, Donald & Marie Tavis, and the Cities of Des Moines and Federal Way (hereinafter "the Agreement") governs the review and approval of the development of the property, and ,WHEREAS, As part of the Agreement, the City of Des Moines agreed to zone the property RA-3600 WHEREAS, the zone reclassification would not have a negative impact of the surrounding property owners or uses, and WHEREAS, Strategy 2-03-07(1) of the Des Moines Comprehensive Plan states that the City should "[C]onsider townhouse/duplex development in areas that are transitional between single family and higher intensity uses", and WHEREAS, the City of Des Moines along other portions of Pacific Highway has utilized the RA-3600 zone as a transitional zone between high intensity uses along Pacific Highway and the adjacent residential neighborhoods, and WHEREAS, the zone reclassification would impact on. the recently approved Pacific Heights Development, and not have an Planned Unit WHEREAS, on April 22, 1999, the Des Moines City Council adopted a computer-drawn Zoning Map by enactment of Ordinance No. 1235, and WHEREAS, pursuant to DMMC 18.56.060 approval of a site specific rezone is a Type IV land use decision, and WHEREAS, the accordance wi th the nonsignificance (DNS) responsible official, concluded, and proposed rezone have been processed in requirements of SEPA, a determination of was issued on October 18, 2007 by the SEPA and the applicable SEPA comment period has WHEREAS, on June 2, 2008 the Des Moines planning agency reviewed the proposed site specific rezone during a public meeting and recommended approval, and Portion of the Northeast Quarter of the Northeast Quarter of the Southeast Quarter located in Section 32 Township 22 Rage 04 lying westerly of proposed easterly right-of-way line of 15th Avenue South as shown in illustrative site plan' for proposed development called "Pacific Place" dated 10 March 2000 Ordinance No. 1431 Page 2 of 3 WHEREAS, notice of the public hearing was given to the,: public in accordance with law and a public hearing was held June 26, 2008, and all persons wishing to be heard were heard,: and WHEREAS, Des Moines City Council conducted a publiC:: hearing on June 26, 2008, to consider the zone reclassification: contained in this ordinance, and WHEREAS, the City Council finds that the amendmen contained in this ordinance is appropriate and necessary for t preservation of the public health and welfare; now therefore, THE CITY COUNCIL OF THE CITY OF DES MOINES ORDAINS AS Sec. 1. Area of zone reclassification. The subjee.' property of this zone reclassification is legally described .. follows: A map illustrating property subject to the zone reclassificati is attached as Exhibit A. Sec. 2. Official zoning map adoption. 'DMMC 18.80.010 a section 1 of Ordinance No. 179 as amended by section 1 Ordinance No. 1235, as amended by section 8 of Ordinati No. 1237, as amended by section 1 of Ordinance No. 1261, ,a' amended by section 1 of Ordinance No. 1267, as amended b' section 1 of Ordinance No, 1289, as amended by section 1 0, Ordinance No. 1372 as amended by section 5 of Ordinance No. 1391 as amended by section 1 of Ordinance 1420 are each amended t: read as follows: ' . 18.80.010 Designated. The map filed in the City Clerk's office and marked Exhibit "B" to Ordinance No. 1431 and adopted June 26, 2008, constitutes the zoning map for the City. The map referenced herein supersedes all previously adopted maps. If the designations of the map are found to be in conflict with other land use designations, the map is deemed to control. Conditional rezones or other special zoning designations shall be clearly outlined on the map along with the associated ordinance number. Sec. 3. Severability - Construction. (1) If a section, subsection, paragraph, sentence clause, or phrase of this ordinance is declared unconstitution or invalid for any reason by any court of compet -- . ~~ .~.:..,~~ . "v~._ ~ Des .~ .~ G <3- ~ .9--"'(10" my of Des Moines Granville RezQ.ne F>ropose<! tcolng Map Dos MoinlS City Limits Zolling Reclassification Ale.. 0""""_""'......... '%*--'-- Zoning Des Moines RESlOENTt.tM,. ...""". Aesic:iontlll:SirI.~1.3lQ: ~AA-~at~T~ ""''''''', Feden.1 Way RESIOENTIAL RS-72. 1UnitgIW7.2QOS4.Fl. :-:~=d.tUU.ta~1.1OO r.:'~~ R:ntiatMutlUamily 2.40Q ",,,.MEJlOOAl. Bl5f Be .8USIn," COIMIunHy King County 00_0-_"'- ..""'-..-.... D ,. > ~...,!"C" / ^ ~ '~.l1ii. !.....)C""of , ("'~ ~ ~ j'..J , ; ,\,~f,~;. ~ 21130 lltb A.e S Du Moinu, WA 9.191 -1391 ~1~"""""IMll:QDi)~7Af. EXHIBIT "A" "- ~~ 'fu ~f: ~...'~,~.- '~~fii ~~. ~~ .~ a ~ ~ .. ......... my oIDes Granville Rezo-ne Prop oS:~pZc.clln 9 Des Moines City Limllo Zoning _...._ AIr.I 0-_""'- ~ -......- Zoning Des Moines ReSlCEHlW. ..."",. ~sq;."'7.:mo ~~. MachIlITQIMINuR """... Fodorol Way R&SOOEN11AL R$-7 2 ~ 1 Unito-7,2OQS4.Pl :~~~t.hl""""1,1OO .~,.; f:nQ400- '. -...... ResiGenliat Mldlfallilf 2.400 co...."""""- I:S! Be .Bus~ C~ait;' King County ~-~...- ..............-... D ) ? ? ""'soc" / }1\.\ Cftyof o'i''''r (~~ i... , ; \.-1t~i. ~ ZlU01IUaA..S Ou Moines, WA 9I19I-63t1 ,~,~ 1IMOIe1*,~IM:Il:naa"'" EXHIBIT "A" $ o ~ ~ ~~ City of Des Moines Zoning Map -- ~ =====..., ~, .....,...........-..'IlOllIf .....~...,.....,uot AM..~.............,... ...,..~......,...,7.2IIfJ ..,_~....F-.tI1dC1O M.1..~...... -.- -.t_~"""'1_ ,.t..ReIIllMlJIt.....,,,Mt ----.....:........ __~.......,toM __~IWot~ MIl,............., -- iI ==-...=- _"~ClIIIlIMMl _l)C~~ _ oe__~ - ."........,.. = ::c,"C:-'co-III1 mill Mea ,.........c:a.....r, l\/ ~~,..::, -....- o.""""CltlWl - Enactlng Ordinances -::- - - - - ...- ...".- -~- -~- -- N W~E W 5 P1anl>ing, Builcling . Public Works ]U~~ ~1t1t ~.!~ ~(.~~l~!.~ EXHIBIT IIBII