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LUTC PKT 11-16-2009November 16, 2009 5:30 p.m. City of Federal Way City Council Land Use /Transportation Committee City Hall Council Chambers 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS MEETING AGENDA (Electronic Version) Action Council Topic Title /Description Presenter Page or Info Date Time A. Approval of Minutes: November 2, 2009 LeMaster 2 Action N/A 5 min. B. Pacific Highway S HOV Phase IV Qwest Roberts 5 Action 12/1/09 5 min. Joint Construction Agreement Consent C. Pacific Highway S HOV Phase IV 100% Roberts 26 Action 12/1/09 5 min. Design and Authorization to Bid Consent D. On Call Vactor and Jet Rodding Services Appleton 28 Action 12/1/09 5 min. Contract Extension Consent E. Proposed Deferment of Open Space Herrerra 30 Action 12/1/09 10 min. Fee -in -Lieu and Regional Stormwater Consent Facility Fee F. Code Amendment Relating to the Size of Clark 53 Action 12 1 0 9 10 min. Health Clubs in the Neighborhood Business Consent Zone; Update on the 2009 Planning Commission Work Program G. Request for Direction to Apply for a GMA Clark 61 Action 12/1/09 5 min. Update Grant from the Department of Business Commerce H. 2009 Code Compliance Program Update Fewins 62 Information N/A 15 min. 4. OTHER 5. FUTURE MEETINGS /AGENDA ITEMS: The next regularly scheduled LUTC meeting will be Monday, December 6, 2009. 6. ADJOURN Committee Members city Staff Linda Kochmar, Chair Cary M Roe, P.E., Director of Parks, Public Works and Emergency Management Jim Feel/ Darlene LeMaster, Administrative Assistant II Dini Duclos 253- 835-2701 G I LUTL1LUTCAgendas and SummaMes 2009111 -16-09 LUTC Agenda.doc City of Federal Way City Council Land Use/Transportation Committee November 2, 2009 City Hall 5:30 PM City Council Chambers 2. PUBLIC COMMENT There was no public comment. G'\LUTC\LUTC Agendas and Summaries 2009 \11- 02- 09- Minutes.doc MEETING SUMMARY Committee Members in Attendance: Committee Chair Linda Kochmar and Committee Members Ferrell and Duclos present. Council Members in Attendance: Councilmember Jeanne Burbidge Staff Members in Attendance: Director of Parks, Public Works and Emergency Management Cary Roe, Deputy Public Works Director Marwan Salloum, Assistant City Attorney Peter Beckwith, Deputy Public Works Director Ken Miller, Surface Water Manager Will Appleton, City Traffic Engineer Rick Perez, Senior Transportation Planning Engineer Sarady Long and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the meeting to order at 5:30 PM. 3. BUSINESS ITEMS Topic Title/Description A. Approval of the October 19, 2009, LUTC Minutes Committee approved October 19, 2009 LUTC minutes as presented. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3 -0 B. 2009 Asphalt Overlay Project Project Acceptance and Retainage Release 11/17/2009 Consent Marwan Salloum presented information on this item. There was no public comment or discussion. Committee forwarded Option #1 as presented. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Forward to Council N/A C. Response to Belmor Park Concern Informational Presentation 12/01/2009 Business Rick Perez presented information on this item. There were two public comments: Nancy Evans, Belmor Park Manager, Federal Way Ms. Evans is requesting staff study speeds along westbound S 324` Street and feels that more can be done to make this stretch of road safer for Belmor's residents. Ms. Evans is also interested in the yellow flashing beacon as an option for her community. Betty Taylor, Waterbury Park Apts., Federal Way Ms. Taylor wants to see Council act on this issue for the sake of the safety of the residents in the Belmor Park area and doesn't want the decision to be money driven. Ms. Taylor made mention of many grants and funding Land Use/Transportation Committee Page 2 October 19, 2009 opportunities that are available. S 324 Street, westbound, is also of concern regarding speed Committee Member Duclos asked for more information on the flashing yellow beacon. Could red signals be substituted for the yellow signals in an attempt to draw more attention? Mr. Perez responded that that suggestion would change the beacon into a full blown signal. Committee Member Duclos requested that staff look into this option. Mr. Perez noted that the flashing "yellow" beacon has been documented as yielding positive results. Committee Member Ferrell asked about City liability with those options that don't meet federal standards. Mr. Perez stated that these options do create liability for the City as well as give pedestrians a false sense of security when crossing the street. Councilmember Burbidge asked if there were any exceptions to federal standards for volume. Mr. Perez stated that federal standards dictate what has to be done, what should be done and what cannot be done. Mr. Perez feels that staff has done what they're supposed to do and has reasons as documentation for not doing what we could have done in past situations. Staff is looking for Council direction on this issue. Committee Member Duclos recommended getting some data regarding westbound speeds along S 324 Mr. Perez will work with Police and get a speed reader board installed in the westbound direction. Chair Kochmar feels this issue is a priority and would like to have staff act on this issue as soon as possible. Staff suggests looking at the flashing yellow beacon to determine if this location may be an appropriate Location for this application. Committee Member Duclos moved that staff study data from SW 356 St/BPA Trail rectangular rapid flashing beacon and return to the December 1, 2009 Council Business Agenda with an informational presentation, data findings and recommendation for installation of a rectangular rapid flashing beacon at the Belmor Park/S 324 Street location. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 D. Response to 21 Avenue SW Concerns Rick Perez presented information on this item. There were two public comments: Nancy Combs, Federal Way Ms. Combs feel that speed tables are not effective and have not been a solution to the speeding along SW 304 St at 21s' Ave SW. Speed tables also create lots of noise for residents living in close proximity. Hatidza Mehmedovic, Federal Way Ms. Mehmedovic wants Council to know how bad of a problem exists at SW 304 St and 21' Ave SW. Cars race along the SW 304 St corridor. Safety is a big issue. Ms. Mehmedovic also feels that the residents that voice their lack of support to this issue, don't live close enough to care one way or the other. Director Roe noted that this topic had been redirected to the Committee level prior to going to Council. The Committee expressed that they would like to see this item go to Council as well to present the concerns of the resident along with the history of petitions, traffic studies, NTS balloting results, etc. Select residents remain concerned with volume and speed of traffic near this intersection. This intersection currently has stop signs in the East/West directions; and nothing for the North/South directions. Committee Member Duclos asked why Council opted to change the originally recommended speed humps to speed tables. Mr. Perez explained that speed humps added an undue delay to emergency vehicles. Mr. Perez also commented that the last petition for this issue was received in 2008 and did not meet any Federal or NTS criteria. It has also been statistically proven that all -way stops do not resolve speeding issues. Per the Council adopted process, staff should not G:\LUTC\LUTC Agendas and Summaries 2009 \I1- 02- 09- Minutes.doc N/A Land Use/Transportation Committee Page 3 October 19, 2009 reevaluate this program until 2011. Director Roe offered up another speed study with speed counters. Although staff is not initiating another NTS program, staff and Council would be made aware of what speeds vehicles are actually traveling in this location. Staff will conduct the speed study and bring the data back to LUTC and the full Council after the data is collected. No recommendation was made. Item was for information only. E. Marine Hills West Emergency Storm Drain Repair N/A Will Appleton presented information on this project. There was no public comment or discussion. 4. OTHER There was no further discussion or additional topics addressed. 5. FUTURE MEETING The next regular LUTC meeting will be Monday, November 16, 2009, at 5:30 PM in City Council Chambers. 6. ADJOURN The meeting adjourned at 6:45 PM. COMMITTEE APPROVAL: Linda Kochmar, Chair G:\LITTC\LUTC Agendas and Summaries 2009 \11 02-09- Minutes.doc Attest: Darlene LeMaster, Administrative Assistant II Jim Ferrell, Member Dini Duclos, Member COUNCIL MEETING DATE: December 1, 2009 SUBJECT: Pacific Highway South HOV Lanes Phase IV Project (18 Avenue S to S 312 Street) Qwest Agreement for Joint Construction and Statement of Work POLICY QUESTION: Should the Council authorize the City Manager to execute the Qwest Agreement for Joint Construction and Statement of Work? COMMITTEE: Land Use and Transportation Committee CATEGORY: Consent City Council Business STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works Director Attachments: Memorandum to Land Use and Transportation Committee dated November 16, 2009 Options Considered: 1. Authorize the City Manager to execute the Qwest Agreement for Joint Construction and the Statement of Work for the Pacific Highway South HOV Lanes Phase IV Project (18 Avenue S to S 312 Street) 2. Do not authorize the City Manager to execute the Agreement for Joint Construction and the Statement of Work, and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the December 1, 2009 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: 4 1J.l (t Ii 30°4 DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: Committee recommends forwarding the above staff recommendation to the December 1, 2009 City Council Consent Agenda for approval. Linda Kochmar, Chair COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION MOVED TO SECOND READING (ordinances only) REVISED 02/06/2006 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL Ordinance Resolution Committee Council Jim Ferrell, Member (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) ITEM MEETING DATE: November 16, 2009 Public Hearing Other "DEPT: Public Works PROPOSED COUNCIL MOTION: "I move to authorize the City Manager to execute the Qwest Agreement for Joint Construction and the Statement of Work for the Pacific Highway South HOV Lanes Phase IV Project (18` Avenue S to S 312` Street)." COUNCIL BILL 1 reading Enactment reading ORDINANCE RESOLUTION Committee Council Dini Duclos, Member CITY OF FEDERAL WAY MEMORANDUM DATE: November 16, 2009 TO: Land Use and Transportation Committee VIA: Brian Wilson, Interim City Manager �p FROM: Marwan Salloum, P.E., Deputy Public Works Director Brian Roberts, P.E., Street Systems Project Engineer SUBJECT: Pacific Highway South HOV Lanes Phase IV Project (18`" Avenue S to S 312 Street) Qwest Agreement for Joint Construction and Statement of Work BACKGROUND: The Pacific Highway South HOV Lanes Phase IV (18 Avenue S to S 312 Street) widening improvement project includes adding HOV lanes northbound and southbound, adding curb, gutter and sidewalk, adding lighting, landscaping, planted medians, restricting left turn movements to intersections, and consolidating driveways where possible. One additional major purpose of the project is to underground overhead utilities, typically into a joint utility trench. In August 2006, the Washington State Supreme Court issued a ruling in Qwest Corporation vs. City of Kent. In its ruling the courts found that "RCW 35.99.060(3)(b) requires a city to reimburse a [telecommunications company] service provider for an aerial to underground relocation of its facilities when the service provider owns a portion of the aerial supporting structures. The amount the city is required to reimburse the service provider is the difference between an estimated aerial to aerial relocation and the actual aerial to underground relocation of the same facilities." Qwest has aerial cable supported on Qwest -owned poles for most of the length of the Pacific Highway South HOV Lanes Phase IV project. For this project, the City and Qwest have agreed that the City will provide Qwest all excavation, backfill, compaction and restoration at no cost in lieu of payment for the incremental cost difference between aerial to aerial relocation and aerial to buried relocation pursuant to RCW 35.99.060. In turn, Qwest will repay the City at unit rates now established in Schedule "E" of the Pacific Highway South HOV Lanes Phase IV bid schedule for all conduit and vaults installed by the City's contractor. The total estimated cost which the City will bill to Qwest in Schedule E is estimated at $200,000.00. The attached Agreement for Joint Construction and Statement of Work shows the methodology used to split the construction cost between the City and Qwest. Agreement No. {variable:Agreement Id {variable:Version} AGREEMENT FOR JOINT CONSTRUCTION NCAXXXX THIS AGREEMENT (the "Agreement is entered into as of 2009 between Qwest Corporation a Colorado corporation "Qwest and The City of Federal Way, a Washington State municipal corporation. I. JOINT CONSTRUCTION TERMS AND CONDITIONS 1. DEFINITIONS: "Schedule" means a written instrument made part of the Agreement describing Work, including price, specifications, warranty terms and related shipping and delivery instructions, and sometimes referred to as a "Statement of Work Schedules may be added, deleted or modified as agreed in writing and executed by the parties. "Project Developer" means City of Federal Way. 2. TERM: The Agreement will commence as of the Effective Date and will continue through December 31, 2011 "Term If the term of any Schedule or Order extends beyond the Term, the Agreement shall remain in full force and effect but only as to such Schedule or Order, and only through the end of the term of the applicable Schedule or Order. 3. THE PROJECT: Project Developer intends to perform a construction project, or multiple construction projects, that may be described on one or more Schedules to this Agreement (each referred to as a "Project In connection with the Project, it is necessary or desirable that Qwest install telecommunications facilities in the area in which the Project will be performed (the "Site or that Qwest's existing telecommunications facilitates at the Site be moved. The new or moved telecommunications facilities and all associated equipment shall be referred to in this Agreement and any Schedules, as (the "Facilities Qwest has requested that as part of an individual Project, Project Developer, acting through its contractor (the "Contractor perform certain work in connection with the Facilities on the Site for Qwest, which work is more specifically described in an Exhibit to the Schedule (the "Work"). 4. INVOICES AND PAYMENTS: Invoices. Within 30 days of providing Work to Qwest, Project Developer will issue an invoice by the method agreed upon by the parties. Unless otherwise required by law, Qwest will not pay for Work invoiced more than 90 calendar days after completion of the Work. Each invoice will contain an itemized description of the Work and all applicable charges and taxes (if Project Developer is a private entity, exclusive of taxes based on Project Developer's income). Qwest will be liable only for undisputed and correct taxes itemized on the invoice for Work to which the taxes relate. Project Developer, and its Contractor, is responsible for charging the correct taxes on the applicable invoice other than where Qwest has provided Project Developer a properly completed tax exemption certificate or other evidence of exemption. Project Developer, or its Contractor, as applicable, must be registered by the taxing jurisdictions to collect sates and /or use taxes within the states to which Work are provided. Payment Due Date; Acceptance of Payment. Rev. 11106 Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. 1 Agreement No. {variable:Agreement id {variable:Version} Qwest will pay undisputed invoices in U.S. dollars within forty five (45) days} of receipt of a proper invoice. Payment will not constitute acceptance of the applicable Work. if Project Developer accepts payment from Qwest for Work, Project Developer waives any claims that Project Developer may have against Qwest for the Work. 5. ACCEPTANCE: Acceptance of the Work will be defined on the applicable Schedule. 6. WARRANTY: For a period of one (1) year (or longer, if so provided by law, and to the extent provided by law) after final payment by Qwest for the Work, The Project Developer shall repair any defective work or material at no cost to Qwest, consistent with the provisions of sections 1 -05.10 through 1 -05.12 of the Washington State Standard Specifications for Road Bridge and Municipal Construction, 2008. This time period relates only to the specific obligation of Project Developer to correct the Work, and has no relationship to the time within which Qwest may seek to enforce Project Developer's obligations under the Agreement or within which Project Developer must comply with the Agreement. Upon notice from Qwest, Project Developer will immediately, at no cost to Qwest, correct and remedy any defects in the Work whether observed before or after payment for the Work and whether or not the Work is already installed or completed. If Project Developer fails to promptly correct defective Work, Qwest may correct the Work itself or hire another contractor to do so and Project Developer shall pay for all reasonable and verifiable costs of correction promptly upon demand by Qwest. 7. LIENS: Project Developer warrants that no mechanics' liens or other claims or demands, including but not limited to personal injury, death, property damage, non payment or other liability claims, will be filed or maintained by it, the Contractor, subcontractors or any other third party against any Qwest equipment, real estate or other property on account of the Work. Qwest reserves the right, at any time during the progress of the Work, to require Project Developer, the Contractor and any subcontractor to furnish evidence in form and substance acceptable to Qwest that all claims, liens and causes of action, if any, for the payment of wages or salaries or the payment of charges for labor, materials, tools, machinery, or supplies have been satisfied, released or settled. 8. INDEPENDENT CONTRACTORS: Independent Contractor. Project Developer certifies that it is engaged in an independent business and will perform its obligations arising in connection with the Agreement as an independent contractor and not as the agent or employee of Qwest. This Agreement does not create a partnership, joint venture or similar relationship between the parties and neither party will have the power to obligate the other in any manner whatsoever. Agents and Employees. Any persons who perform services for Qwest will be solely the employees or agents of Project Developer under its sole and exclusive direction and control. Project Developer is solely responsible for. (a) the hours of work, methods of performance and compensation of its employees and agents; (b) compliance with all federal, state and local rules and regulations including those governing worker's compensation, unemployment, disability insurance and social security withholding for its employees and agents; and (c) all federal and state income taxes for its income derived in connection with the Agreement. Safety and Health. The safety and health of Project Developer's employees and agents while working on the Project will be Project Developer's sole responsibility. Project Developer and its employees and agents will comply with all applicable rules and regulations, as well as all local, state and federal environmental, health and safety requirements, including those relating to the use and handling of hazardous materials. Project Developer will immediately report to Qwest any accidents, injuries or property damage arising from the performance in connection with the Agreement. Project Developer will provide Qwest with copies of any safety, health or accident reports that Project Developer files with any third party with respect to Project Developer's performance in connection with the Agreement. Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. Rev. 11/06 2 Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. 3 9. INDEMNIFICATION: In addition to Project Developer's obligation to obtain and keep, and ensure that the Contractor obtains and keeps, insurance as set forth in this Agreement, and to the fullest extent permitted by law, Project Developer agrees to indemnify, defend and hold harmless Qwest, its affiliates and each of their officers, directors, employees and agents from and against all suits, losses, costs (including without limitation reasonable court costs and attorneys' fees), lawsuits, judgments, orders, awards, fines, penalties, expenses, liabilities, actions, damages or claims of any character "Liabilities arising from or in connection with (a) any personal injuries or property damage received or sustained by any person or property arising in whole or in part in connection with the Work; (b) any act or omission, neglect, negligence, gross negligence or willful misconduct of Project Developer, the Contractor or any subcontractors in connection with the Work or the Agreement; or (c) any breach by Project Developer of the Agreement. Qwest will indemnify, defend and hold harmless Project Developer, its employees and agents from and against all Liabilities arising from or in connection with (a) any act or omission, neglect, negligence, gross negligence or willful misconduct of Qwest in connection with the Agreement or (b) any breach by Qwest of the Agreement. Prior to the commencement of the Work, Project Developer will require the Contractor to agree in writing to indemnify, defend and hold harmless Qwest, its affiliates and each of their officers, directors, employees and agents from and against all Liabilities arising from or in connection with (a) any personal injuries or property damage received or sustained by any person or property arising in whole or in part in connection with the Work; and (b) any act or omission, neglect, negligence, gross negligence or willful misconduct of the Contractor or any subcontractors in connection with the Work. No party shall be required to indemnify, defend, or save harmless the other party if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the party seeking indemnification. 10. LIMITATION OF LIABILITY: Except for each party's indemnification obligations and each party's breach of any requirements regarding Confidential Information, neither party is liable to the other for consequential, incidental, indirect, punitive or special damages, including commercial loss and lost profits, however caused and regardless of legal theory or foreseeability, directly or indirectly arising in connection with the Agreement, even if such party has been apprised of the possibility of such damages. 11. INSURANCE: General Insurance Requirements. Project Developer will, and will require that the Contractor, at all times during the term of this Agreement, at its own cost and expense, carry and maintain the insurance coverage listed below with insurers licensed in the areas where the Work will be performed having at minimum a "Best's" rating of A -VII. Contractor will not commence any Work until it has fulfilled all insurance requirements in this section. Contractor will require its subcontractors to maintain proper insurance applicable to the type and scope of Work to be performed under this Agreement. It is expressly understood that Contractor is ultimately responsible for its subcontractors including without limitation ensuring that the appropriate insurance is maintained by its subcontractors. Workers' Compensation Insurance. Project Developer will carry Workers' Compensation and /or, when applicable, Long Shoremen's and Harbor Workers Compensation insurance in amounts sufficient pursuant to the laws of the State of Washington. Rev. 11/06 Agreement No. (variable:Agreement Id }.(variable:Version) Project Developer's Contractor(s) will carry Workers' Compensation and/or, when applicable, Long Shoremen's and Harbor Workers Compensation insurance with (i) statutory limits of coverage for all employees as required by statues; and (11) Stop Gap or Employer's Liability insurance with a limit of One Million Dollars ($1,000,000) for each accident. Agreement No. (variable:Agreement ld {variable:Version} Commercial General Liability Insurance. Commercial General Liability insurance providing coverage for bodily injury, death, personal injury and property damage occurring or arising out of the performance of this Agreement, including coverage for products /completed operations, premises operations, independent contractors protective coverage (required if Contractor subcontracts any of the Work), and contractual liability with respect to liability assumed by Project Developer. This insurance will also include: (i) explosion hazard coverage (commonly referred to as "X" coverage) if the Work involves blasting, (ii) collapse hazard coverage (commonly referred to as "C" coverage) if the Work may cause structural damage due to excavation, burrowing, tunneling, caisson work or under pinning, and (iii) underground hazard coverage if the Work may cause damage to underground facilities (commonly referred to as "U coverage). The limits of liability for this coverage will be not less than the limits as set forth below. Each Occurrence General Aggregate Limit Products Completed Operations Limit Personal and Advertising Injury Limit $5,000,000.00 $5,000,000.00 $5,000,000.00 $1,000,000.00 These limits of liability can be obtained through any combination of primary and excess or umbrella liability insurance. Commercial Automobile Liability Insurance. Commercial Automobile Liability insurance covering owned, non -owned and hired vehicles used in connection with the performance of the Work. The limits of liability for this coverage shall be not Tess than One Million Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury or property damage. Certificates of Insurance. Project Developer shall require its Contractor to forward to Qwest certificates of such insurance upon execution of this Agreement and upon any renewal of such insurance during the term of this Agreement for both Project Developer and the Contractor. The insuring carrier(s) may use the ACORD or equivalent certificate of insurance form acceptable to Qwest. The insurance certificates shall provide that: (i) Qwest is named as an additional insured on the Commercial General Liability and Commercial Automobile Liability policies; (11) thirty (30) calendar days prior written notice of cancellation of, or material change or exclusions in, the policy to which the certificates relate shall be given to Qwest; (iii) underground hazard coverage (commonly referred to as "U" coverage) is part of the coverage and (iv) the words "pertains to all operations and projects performed on behalf of the certificate holder" are included in the description portion of the certificate. Project Developer shall not commence any Work until the obligations of Project Developer with respect to insurance have been fulfilled. The fulfillment of such obligations shall not relieve Project Developer of any liability hereunder or in any way modify Project Developer's obligations to indemnify Qwest. 12. TERMINATION; CANCELLATION: Notice. Either party may terminate this Agreement (including its Schedules), in whole or in part, for its convenience with 30 days prior written notice. Project Developer will be entitled to payment for Work accepted and received by Qwest as of the date of termination. Qwest will have no other liability arising out of termination of this Agreement or a Schedule. Material Breach. Either party may terminate this Agreement (including its Schedules), in whole or in part, by written notice Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. 4 Rev. 11/06 14. MISCELLANEOUS: Agreement No. (variable:Agreement Id }.tvariable:Version} to the other if the other party breaches this Agreement and fails to cure such breach to the non breaching party's satisfaction within 30 days of written notice specifying the breach. Pre Termination Obligations. Expiration or termination of this Agreement (including its Schedules) will not relieve either party from its obligations arising hereunder prior to such expiration or termination. 13. DISPUTE RESOLUTION: Negotiation Between the Parties. The parties will attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between individuals who are at a higher level than the persons with direct responsibility for administration of this Agreement. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party will submit to the other a written response. The notice and the response will include (a) a statement of each party's position and a summary of arguments supporting that position and (b) the name and title of the executive who will represent that party and of any other person who will accompany the that individual. Within 30 days after delivery of the disputing party's notice, the representatives of both parties will confer at a mutually acceptable time, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. All negotiations and documents exchanged pursuant to this clause are confidential and will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. Forum. Any legal proceeding arising out of, or relating to this Agreement, will be brought in a United States District Court, or absent federal court jurisdiction, in a state court of competent jurisdiction, in the Denver, Colorado metropolitan area. Waiver of Jury Trial and Class Action. Each party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to pursue any claim or action arising out of or relating to this Agreement on a class or consolidated basis or in a representative capacity. Compliance with Laws and Policies. Project Developer will obtain, at its expense, all permits and licenses, bonds, and other necessary legal authority, pay all fees, and comply with all federal, international (if applicable), state and local laws, ordinances, rules, regulations and orders applicable to Project Developer or Project Developer's performance hereunder including, the Communications Act and orders of the Federal Communications Commission. Project Developer, or its Contractor, will give all required notices to governmental authorities, and will coordinate all necessary governmental inspections to avoid delays in the provision of the Work. Project Developer will also, at its expense, comply with Project Developer's code of conduct, policies and procedures applicable to Project Developer's performance hereunder, and with the provisions of the Qwest business practices for suppliers. Should any provisions of the Qwest business practices for suppliers conflict with Project Developer's code of conduct, policies and procedures, the more demanding provisions shall apply unless otherwise agreed in writing by the parties. The Qwest business practices for suppliers may be found at http /www.gwest. com /about/compan y /ethics /files /SuppliersBrochure pdf Remedies; Future Projects. No remedy specified in this Agreement will limit Qwest's other rights and remedies arising in connection with the Agreement, at law or in equity. Qwest's participation in the Project pursuant to this Agreement shall not be construed as an agreement to participate in any future projects. Governing Law. Rev. 11/06 Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. 5 Agreement No. {variable:Agreement Id {variable:Version} Records and Audits. Project Developer will maintain complete and accurate records with respect to the Work, including all charges associated with this Agreement and the portion of the Work performed by Subcontractors, in accordance with generally accepted accounting principles, for 72 months from the date of its termination or expiration. Qwest, or its designee, may inspect, audit and make copies of such records, for Qwest's retention, on reasonable notice. Rev. 11/06 This Agreement will be governed by the laws of the State of Washington without reference to its choice of law rules. Assignment and Delegation. The rights and obligations of each party will be binding upon and inure to the benefit of its successors and permitted assigns. Project Developer may not assign this Agreement (including its Schedules), in whole or in part, without the prior written consent of Qwest. Any attempted assignment by Project Developer without Qwest's prior written consent shall be null and void. Notices. Notices required under this Agreement will be sent to the addresses of the parties stated below their signatures. Notice will be deemed given: (a) on the 1st day after deposit with an overnight courier, charges prepaid; (b) as of the day of receipt, if sent via first class U.S. Mail, charges prepaid, return receipt requested; and (c) as of the day of receipt, if hand delivered. Advertising; Publicity. Neither party will use the other party's names, marks, codes, drawings or specifications in any advertising, press release, promotional effort or publicity of any kind without the other's prior written permission. Waiver. Any waiver by either party of any rights hereunder or of a breach of any provision of this Agreement will not constitute a waiver of any other breach of that or any other provision of this Agreement. Any waiver must be in writing. Modifications or Amendments; Interpretation. Any modifications or amendments to this Agreement must be in writing and signed by both parties. The term "including" in this Agreement means by way of example, not limitation. Headings and subheadings used in this Agreement are for convenience only, and have no substantive meaning. Severability. The determination that any provision of this Agreement is invalid or unenforceable will not invalidate this Agreement, and this Agreement will be construed and performed in all respects as if such invalid or unenforceable provision was omitted insofar as the primary purpose of this Agreement is not frustrated. Force Majeure. Neither party will be liable to the other party for any delay or interruption of performance resulting from causes beyond its reasonable control. Upon any force majeure, either party may elect to terminate this Agreement or any Schedule or Order or to suspend the Work upon written notice. Entire Agreement. This Agreement and all Schedules, exhibits, amendments, documentation, and specifications referenced in those documents, contain the entire understanding between the parties with respect to the subject matter and supersede all prior oral and written understandings, arrangements and agreements between the parties relating thereto. Survival. The following provisions of this Agreement regarding "Representations and Warranties "Confidential Information "Indemnification'; "Work Product "Limitation of Liability "Dispute Resolution and "Choice Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. 6 Rev. 11/06 Agreement No. (variable:Agreement Id {variable:Version} of Law" and all others that by their sense and context are intended to survive the expiration of the Agreement will survive. Execution. The Agreement may be executed by facsimile copy and /or in any number of counterparts, all of which together will constitute one agreement. Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. 7 Qwest Corporation City of Federal Way (Authorized Signature) (Authorized Signature) Bob Greenwood Brian Wilson (Print or Type Name of Signatory) (Print or Type Name of Signatory) Vice President Network Operations Interim City Manager (Title) (Title) (Execution Date) (Execution Date) Address for Purposes of Notices: Address for Purposes of Notices: Jeff Watson 23315 66 Ave. So. Kent, Wa., 98032 253- 372 -5358 jeff.watson@qwest.com With copies to: Qwest Services Corporation Law Department Procurement General Counsel Agreement 1801 California St. Denver, CO 80202 Brian Roberts City of Federal Way PO Box 9718 Federal Way, WA 98063 -9718 253- 835 -2723 Agreement No. (variable:Agreement Id {variable:Version} Signature Block The parties, intending to be legally bound, have caused this Agreement to be executed as of the Effective Date. Rev. 11106 APPROVED AS TO FORM: City Attorney, Patricia A. Richardson Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. 8 STATEMENT OF WORK NO. 1 to AGREEMENT Agreement No. {variable:Master Agreement Id Master Agreement Reference} Statement of Work No. {variable:Agreement Id) FOR JOINT CONSTRUCTION NCAXXXX.SS1.0 This Statement of Work is attached to and made a part of the most current amended version of the Agreement. In the event that any term of this Statement of Work conflicts with anything contained in the Agreement, except for terms identified in the Agreement as Non- Waivable Terms, this Statement of Work will control for purposes of this Statement of Work only. Unless otherwise defined herein, all capitalized terms in this Statement of Work will have the meanings set forth in the Agreement. 1. Term. This Statement of Work will commence as of and will continue through December 31, 2011 (Expiration Date). (Effective Date) 2. The Work: The Project is described on Exhibit A "The Project" to this Statement of Work, and the "Work Schedule" for the Project is described on Exhibit B "The Work and the Work Schedule Project Developer shall, at no cost or expense to Qwest, prepare and provide to Qwest engineering drawings, specifications and construction standards for the Project (the "Project Developer's Specifications Project Developer shall choose and pay all costs associated with the Contractor and shall provide to Qwest at least ten (10) calendar days' prior written notice prior to the beginning of the Project and of the Work. In addition, Project Developer shall provide all necessary excavation, bedding, backfill, off -Site disposal, and Site restoration for the placement of the Facilities, along with the coordination of other utilities participating in the Project. Project Developer shall provide all flagging and traffic control, including uniformed officers when required, for any necessary excavation or work performed by Project Developer. Project Developer will notify Qwest of any changes in the Work that will result in additional costs to Qwest, and will obtain Qwest's prior written approval of such changes before commencement of any changes to the Work. Within the number of days set forth in the Work Schedule after Qwest's receipt of Project Developer's Specification, Qwest shall, at no cost or expense to Project Developer, prepare and provide to Project Developer engineering drawings, specifications, construction standards and quantities pursuant to which the Work must be performed by Project Developer "Qwest's Specifications Qwest's Specifications shall show in detail the quantity and size of all facilities and equipment to be used by Qwest that Project Developer will install pursuant to this Statement of Work. Qwest shall notify Project Developer in writing of any changes it wishes to make in Qwest's Specifications, and such changes shall be made, if feasible. Qwest shall pay for all costs attributable to the changes. If the Work includes installation of new vaults and /or conduit, Qwest will install all wires, conductors and any other equipment needed to complete the Qwest portion of the Project as provided in Exhibit A in accordance with the Work Schedule set forth in Exhibit B. The vaults and conduit shall be owned solely by Qwest, and Qwest shall be responsible for all maintenance in connection with the vaults and conduits except for defects covered under section 6 of the Agreement. If required, Qwest will perform cut -over and transfer of existing Qwest customers to the new or relocated Facilities and /or remove any replaced aerial Qwest Facilities or underground Qwest Facilities that are in conduit or manhole structures only in accordance with the Work Schedule set forth in Exhibit B. Qwest shall in no event be required to perform a cut -over or transfer or to remove any affected Facilities prior to completion of any replacement Facilities in accordance with this Statement of Work and Qwest's approval of the replacement Facilities. The Facilities and all associated equipment shall be owned solely by Qwest, and Qwest shall be responsible for all maintenance in connection with the Facilities. To the extent that it has the right to do so, upon approval of the Work by Qwest, Project Developer shall grant, provide and /or assign to Qwest any permits, licenses or approvals required to access, occupy, use or operate the Facilities or any materials or facilities used in connection with the Facilities. If the Work involves excavating, Project Developer will ensure that the Contractor contacts the Utility Notification Center (One Call), and that the Contractor obtains appropriate information on the location of all buried cable and utilities prior to performing any Work. Project Developer shall ensure that its Contractor shall be rev. 11 -06 Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. -1 Agreement No. {variable:Master Agreement Id Master Agreement Reference} Statement of Work No. (variable:Agreement Id) responsible for any failure of the Contractor to locate, expose and protect from damage all existing underground facilities, including but not limited to electrical, telephone, water, gas and sewer. In addition to its indemnification obligations contained in the Agreement, if any existing underground or other facilities are damaged directly or indirectly in connection with the Work, Project Developer will, at its expense, promptly repair or replace all damaged or destroyed facilities. Project Developer will ensure that immediate temporary repairs are made and will immediately report the damage to the property owner and to Qwest and will ensure that no permanent repairs are made unless the consent of the property owner has first been obtained. Repairs will be made within forty -eight (48) hours after receiving permission from the property owner, unless otherwise agreed to by Qwest. At Qwest's sole option, Qwest may elect, rather than having Project Developer make any repair to Qwest facilities described in this subsection, to have the repair made by Qwest's employees or contractors. If Qwest or its contractor performs the repair, Qwest will invoice Project Developer for Qwest's reasonable and documented costs, including without limitation labor costs, and Project Developer will pay Qwest for such costs for repair of damage to Qwest's existing facilities within forty -five (45) calendar days after receipt of an invoice. Qwest will be responsible for providing all traffic control associated with the installation and /or removal of Facilities for which Qwest is responsible pursuant to this Statement of Work, including the pulling of cables and associated equipment. Project Developer will be responsible for providing all traffic control associated with the installation, relocation, and /or removal of Facilities for which Project Developer is responsible pursuant to this Statement of Work. Project Developer shall obtain any and all licenses, permits and approvals required for the Work as defined in Exhibits A and B. Project Developer agrees that the Work will be performed in accordance with all applicable federal, state and local laws, rules and regulations and the requirements of whoever owns or has jurisdiction over the rights of way in which the Work is to be performed. Qwest shall have the right at all times to observe and inspect the performance of the Work. If the Work requires the use or installation of any materials, the item checked below shall apply: _X_ Except as specifically set forth in Exhibit B, Qwest shall arrange for the purchase and delivery of materials to the Project site in accordance with the Work Schedule. Except as specifically set forth in Exhibit B, Project Developer shall provide all materials required in connection with the Project. All materials will be new and of the specific type designated by Qwest. As set forth in Exhibit B, Project Developer and Qwest shall each provide some materials for the Project. All materials provided by Project Developer will be new and of the specific type designated by Qwest Ownership of any materials or equipment supplied by Contractor will transfer to Qwest upon receipt by Contractor of final payment for the Work by Qwest. Qwest and Project Developer shall maintain continued coordination regarding the Project, and Project Developer shall ensure that the Contractor also participates in the coordination. This coordination shall include but not be limited to a pre construction meeting. Project Developer shall be responsible for the scheduling of these meetings. Project Developer will be responsible to Qwest for acts and omissions of Project Developer's and the Contractor's employees and subcontractors and each of their agents and employees, and any other persons performing portions of the Work. 3. Changes: If conditions or circumstances require a change in the Project or the Work, each party shall agree in writing to any changes, including without limitation payment responsibilities, prior to commencement of the Work or the changes. Neither party shall be responsible for any changes to the Work (including without limitation payment responsibilities) made without its prior written consent 4. Payment for the Work/Fees. In consideration for performance of the Work and for the other promises and covenants contained in this Agreement, Qwest agrees to pay to Project Developer the amount set forth on an exhibit to the Schedule rev. 11-06 Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. 2 Qwest: Project Developer: Dennis Libadia Brian Roberts 23315 66 Ave. So. City of Federal Way Kent, Wa., 98032 PO Box 9718 253- 372 -5360 Federal Way, WA 98063- 9718 Agreement No. {variable:Master Agreement Id Master Agreement Reference} Statement of Work No. (variable:Agreement Id) (the "Payment in accordance with the Exhibit C "Work Price Schedule" to the Schedule (the "Payment Schedule provided, that Qwest shall not make any final payment to Project Developer until Qwest has approved the Work. 5. Project Managers. rev. 11-06 Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. -3- Qwest Corporation Project Developer (Authorized Signature) (Authorized Signature) Bob Greenwood Brian Wilson (Print or Type Name of Signatory) (Print or Type Name of Signatory) Vice President Network Operations Interim City Manager (Title) (Title) (Execution Date) (Execution Date) Agreement No. {variable :Master Agreement Id Master Agreement Reference} Statement of Work No. {variable.Agreement Id} The parties, intending to be legally bound, have caused this Statement of Work to be executed on the dates set forth below. rev. 11-06 APPROVED AS TO FORM: City Attorney, Patricia A. Richardson Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. _4- The City of Federal Way proposes to provide a joint utility corridor for the installation of underground facilities required to facilitate relocation of existing aerial and underground facilities for the Pacific Highway So. HOV Lanes Phase IV project. Qwest facilities on the west side of Pacific Highway South are mounted on Qwest -owned poles. On the east side of the project Qwest facilities are mounted on poles owned by Puget Sound Energy. The joint utility corridor will be located along the east side of Pacific Highway So. from approximate STA 38 +00 just south of 18 Ave. So., south to approximate STA 1 +00 just south of So. 310 St. as noted on Qwest design 92W2DQ2 which has been incorporated into the City's design plans for the project. The joint trench will include conduit for future use (betterment). rev. 11 -06 EXHIBIT A THE PROJECT Agreement No. {variable:MasterAgreement Id Master Agreement Reference} Statement of Work No. (variable:Agreement Id) Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. -5- rev. 11 -06 Agreement No. {variable:Master Agreement Id Master Agreement Reference} Statement of Work No. {variable:Agreement Id) EXHIBIT B THE WORK AND THE WORK SCHEDULE The City's contractor will excavate trench and install approximately 12,835 lineal feet of Qwest provided conduit in various duct configurations in the joint utility corridor in accordance with Qwest design 92W2DQ2. The City's contractor will excavate for and install 5 4484TCA type concrete vaults, 2 467TH type concrete vaults, 9 264TA type concrete hand holes and 9 above ground pedestals. All facility installation will be in accordance with the Qwest design 92W2DQ2 which is incorporated into the City's Pacific Highway So. HOV Lanes Phase 4 project design. The City's contractor will be responsible for all excavation including haul off and disposal of spoil, shoring, backfill including imported backfill material, compaction, restoration, including hard surface removal and replacement and labor to install Qwest's facilities. All conduit placed by the City's contractor must be proofed by passing a 3.75 inch outside diameter cleaning mandrel through each 4 inch conduit and placement of a Qwest provided polyethylene measuring tape in each conduit. Conduit that cannot be proofed by means of passing a 3.75 inch cleaning mandrel through the conduit will not be accepted by Qwest until such time as any necessary repairs are made and successful conduit proofing is completed. Vaults installed by the City's contractor must be set to final grade and all vault sections, riser rings and vault entrance covers must be sealed using Conseal mastic provided by Qwest with the vault. Pursuant to RCW 35.99.060 certain elements of Qwest's relocation require reimbursement from the City for the incremental cost difference between theoretical aerial to aerial relocation and aerial to buried relocation. Those elements of the Qwest relocation work that are subject to reimbursement under the statue are identified on the Qwest design and detailed on Exhibit E "Qwest relocation cost summary After installation of all conduit, vaults and pedestals, proofing of conduit, and acceptance of installations by the Qwest field representative, Qwest will provide and place all cable in newly placed conduit and perform cable splicing and service cutover. Qwest will require 120 working days to pull cables, splice and cutover customer service and remove existing temporary aerial facilities and poles from the completion of installation, proofing and acceptance of all conduit, and vaults. Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. -6- rev. 11 EXHIBIT C Agreement No. {variable:Master Agreement Id Master Agreement Reference} Statement of Work No. {variable:Agreement Id} WORK PRICE SCHEDULE Qwest will pay the City a unit rate as noted in Schedule 0 of the City's bid opening results for the Pacific Highway So. Phase 4 HOV Lane Project for the installation of 4 -inch conduit in City provided joint utility trench on a per lineal foot basis.. Qwest will pay the City a unit cost rate as noted in Schedule D of the City's bid opening results for the Pacific Hwy So HOV Lanes Phase IV project for the installation of 467 TA type vaults on a per vault installed basis. Qwest will pay the City a unit cost rate as noted in Schedule 0 of the City's bid opening results for the Pacific Highway So. HOV Lanes Phase 4 project for the installation of 4484TCA type vaults on a per vault installed basis. Qwest will pay the City a unit cost rate as noted in Schedule D of the City's bid opening results for the Pacific Highway So. HOV Lanes Phase 4 project for the installation of 264 TA type hand holes on a per hand hole installed basis. Qwest will pay the City a unit cost rate as noted in Schedule D of the City's bid opening results for the Pacific Highway So. HOV Lanes Phase 4 project for the installation of above ground pedestals on a per pedestal installed basis. Qwest will pay the City for it's proportionate share of Structure Excavation Class 8 Incl. Haul for Under grounding of Overhead Utilities at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in Exhibit D per cubic yard for trench for those elements. Qwest will pay the City for it's proportionate share of Pit Run Sand at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in EXHIBIT D per cubic yard for backfill. Qwest will pay the City for it's proportionate share of Gravel Borrow Incl. Haul at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in EXHIBIT D per cubic yard for backfill. Qwest will pay the City for it's proportionate share of Shoring or Extra Excavation Class B at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in EXHIBIT D per square foot of trench length and depth. Qwest will pay the City for it's proportionate share of Temporary Pavement at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in EXHIBIT D per ton. Qwest will pay the City for it's proportionate share of Fiaggers and Spotters at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in EXHIBIT D per hour for all days in which Qwest facilities are installed by the City. Qwest will pay the City for it's proportionate share of Other Traffic Control Labor at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in EXHIBIT D per hour for all days in which Qwest facilities are installed by the City. All unit cost bid item costs include sales tax. Qwest will pay the City for it's proportionate share of construction management at the rate of 12.5% of the construction subtotal of the above unit costs as documented in EXHIBIT D. Qwest will pay the City for it's proportionate share of contract administration at the rate of 5% of the project cost as documented in EXHIBIT D. Actual final cost will be calculated based on actual proportionate share of trench occupied by Qwest conduit, actual lineal footage of conduit, actual number of vaults, hand holes and pedestal installed by the City's contractor, Pursuant to RCW 35.99.060 the total actual cost for the installation of Qwest conduit, vaults, hand holes and above ground pedestals will be reduced by an amount equal to the actual incremental cost difference between a theoretical aerial to aerial relocation of aerial facilities where Qwest has an ownership share in the aerial supporting structure (poles) and the aerial to buried relocation of facilities for those elements of the project that fall under the guidelines of the statue as detailed on Qwest design 92W2DQ2 and summarized on Exhibit E Qwest Relocation Cost Summary" and as described in exhibit B of this statement of work. Costs presented are estimates only, actual costs incurred will be used to calculate final cost of utility relocation portion for reimbursement to the City. Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. -7- Agreement No. {variable:Master Agreement Id Master Agreement Reference} Statement of Work No. {variable:Agreement Id) Total estimated net cost to Qwest for facility installation is XXXX.XX. Total actual cost is not to exceed $XXXX.XX without prior written approval from Qwest pursuant to section 4 of this statement of work. The costs noted in this exhibit are estimates only. Actual costs incurred based on unit rates as noted in Schedule D of the City's bid opening results will be used to calculate final cost of utility relocation portion for reimbursement to the City. The total actual not to exceed cost does not relieve Qwest from its responsibility for reimbursing the City for legitimate, substantiated delay claims from the City in the event that Qwest fails to perform under the terms of the agreement or fails to complete facility relocation as detailed in exhibit B of this statement of work. Qwest will pay the City within 45 days of receipt of a correct invoice. rev. 11 -06 Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. -8- Theoretical aerial to aerial relocation Labor Material Quantity Cost Line Item Total Activity aerial anchor 0 $134.19 $0.00 Activity aerial down guy 0 $30.85 $0.00 Activity pole installation 0 $73.41 $0.00 Activity aerial cable 0 $1.57 $0.00 Activity aerial strand 0 $0.46 $0.00 Activity cable splicing, includes spicing material and equip 0 $96.13 $0.00 Activity aerial splicing set up 0 $144.12 $0.00 Aerial cable and strand removal 0 $0.45 $0.00 Pole removal 0 $101.68 $0.00 Splice pole mount serving terminal 0 $9.41 $0.00 Terminal splicing set up 0 $144.12 $0.00 Service cutover 0 $17.01 $0.00 Design Engineering 0 $70.00 $0.00 600 pair copper cable 0 $11.46 $0.00 100 pair copper cable 0 $2.01 $0.00 Pole 35 ft. class 4 0 $304.65 $0.00 Anchor screw in type with rod 0 $143.01 $0.00 Down guy strand 0 $0.27 $0.00 Aerial strand 0 $0.27 $0.00 Pole Terminal 25 lug 0 $163.25 $0.00 Total Aerial to Buried Relocation Qwest owned poles Agreement No. (variable:Master Agreement Id Master Agreement Reference) Statement of Work No. {variable:Agreement Id} EXHIBIT D Pacific Highway Phase 4 HOV Lane Project Relocation Cost Summary Labor Material Quantity Cost Line Item total Trench excavation Glue and install conduit Install Vault 467 TA Install Vault 4484 TA Install Hand Hole 267 TA Install pedestal 12.5% Construction Management 5% Project Administration Pull cable in conduit Activity cable splicing includes materials and equip Activity splicing set up Splice buried terminal Terminal splicing set up Service cutover Design Engineering Qwest inspection rev. 11 -06 0 $144,240.48 $0.00 0 $4.00 $0.00 O $800.00 $0.00 0 $500.00 $0.00 O $300.00 $0.00 0 $250.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 O $0.89 $0.00 0 $96.11 $0.00 0 $144.12 $0.00 0 $9.41 $0.00 0 $144.12 $0.00 0 $17.01' $0.00 0 $70.00 $0.00 0 $51.99 $0.00 4 inch conduit 0 $1.25 $0.00 Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. -9- Total Labor Material Trench excavation Install Vault 4484 TA Install Hand Hole 267 TA Install pedestal 12.5% Construction Management 5% Project Admininstration Glue and install conduit Pull cable in conduit Activity cable splicing includes Total Agreement No. {variable_Master Agreement Id Master Agreement Reference} Statement of Work No. {variable:Agreement Id) 264 TA hand hole 4484 TA vault Cable 50 pair Cable 100 pair Cable 400 pair Cable 600 pair Pedestal Terminal BMT 25 lug Terminal Ped 25 lug Buried to Buried and Aerail to Buried off PSE owned poles relocation and betterment Quantity Cost Line Item total 0 $233,188.58 $0.00 O $500.00 $0.00 0 $300.00 $0.00 0 $250.00 $0.00 O $0.00 $0.00 O $0.00 00.00 O $4.00 $0.00 O $0.00 00.00 materials and equip 0 $96.11 Activity splicing set up 0 $144.12 Splice buried terminal 0 $9.41 Terminal splicing set up 0 $144.12 Service cutover 0 $17.01 Design Engineering 0 $70.00 Qwest inspection 0 $51.99 4 inch conduit 0 $0.00 267 TA hand hole 0 $0.00 4484 TA vault 0 $0.00 Cable 50 pair 0 $0.00 Cable 100 pair 0 $0.00 Cable 400 pair 0 $0.00 Cable 600 pair 0 $0.00 Pedestal 0 $0.00 Terminal BMT 25 lug 0 $0.00 Terminal Ped 25 tug 0 $0.00 0 $2,058.75 $0.00 O $5,898.96 $0.00 O $1.70 $0.00 O $2.01 $0.00 0 $6.05 $0.00 O $12.59 $0.00 0 $61.88 $0.00 O $383.88 $0.00 O $109.55 $0.00 TBDI $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBDI ESTIMATED CITY SHARE OF CONSTRUCTION COSTS Aerial to Buried Relocation from Qwest Owned Poles TBD ESIMATED QWEST SHARE OF CONSTRUCTION COSTS Theoretical Aerial to Aerial Relocation Cost TBD Aerial to Buried off PSE Poles, Buried to Buried and Betterment TBD Subtotal Qwest Construction Cost TBD Total Estimated City Expense TBD Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. rev. 11 -06 10 Agreement No. {variable:Master Agreement Id Master Agreement Reference} Statement of Work No. {variable:Agreement Id) Total Estimated Qwest Expense Pius Theoretical Aerial to Aerial Relocation Cost AMOUNT OWED THE CITY BY QWEST rev. 11 -06 Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. 11 TBD TBDI COUNCIL MEETING DATE: December 1, 2009 SUBJECT: Pacific Highway South HOV Lanes Phase IV Project (18 Avenue S to S 312 Street) -100% Design Status Report and Authorization to bid POLICY QUESTION: Should the Council authorize staff to bid the Pacific Highway South HOV Lanes Phase IV Project (18 Avenue S to S 312 Street) project and return to LUTC for bid award for further reports and authorization? COMMITTEE: Land Use and Transportation Committee CATEGORY: Consent El Ordinance City Council Business CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL Resolution STAFF REPORT BY: Marwan Salloum, P_E_, Deputy Public Works Director CITY MANAGER APPROVAL: /J &4 4 Committee Linda Kochmar, Chair Council Jim Ferrell, Member (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION MOVED TO SECOND READING (ordinances only) REVISED 02/06/2006 K: \COUNCILWGDBILLS\2009 \12 -01 -09 Pacific Highway S HOV Lane Phase IV 100 %design.doc ITEM [MEETING DATE: November 16, 2009 DIRECTOR APPROVAL: Public Hearing Other EPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated November 16, 2009. Options Considered: 1. Authorize staff to bid the Pacific Highway South HOV Lanes Phase IV Project (18 Avenue S to S 312 Street) and return to the LUTC Committee to award the project to the lowest responsive, responsible bidder. 2. Do not authorize staff to bid this project and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the December 1, 2009 Council Consent Agenda for approval. COUNCIL BILL 1 reading Enactment reading ORDINANCE RESOLUTION vN` Committee COMMITTEE RECOMMENDATION: Committee recommends forwarding Option 1 to the December 1, 2009 City Council Consent Agenda for approval. Council Dini Duclos, Member PROPOSED COUNCIL MOTION: "1 move approval to authorize staff to bid the Pacific Highway South HOV Lanes Phase IV Project (18`" Avenue S to S 312 Street) and return to the LUTC Committee to award the project to the lowest responsive, responsible bidder." DATE: November 16, 2009 TO: Land Use and Transportation Committee VIA: Brian Wilson, Interim City Manager Marwan Salloum, P.E., Deputy Public Works Director FROM: Brian Roberts, P.E., Street Systems Project Engineer SUBJECT: Pacific Highway South HOV Lanes Phase IV Project (18 Avenue S to S 312 Street) 100% Design Status Report and Authorization to bid BACKGROUND: The Pacific Highway South HOV Lanes Phase IV Dash Point Road to South 312 Street widening improvement project includes adding HOV lanes north and southbound, adding curb gutter and sidewalk, lighting, landscaping, planted medians, left turn movements restricted to intersections, and consolidating driveways where possible. The purpose of the project is to improve aesthetics, improve traffic flow and reduce accidents by eliminating conflicts and to promote transit and carpool use. An average of more than 30,000 vehicles a day uses this section of Pacific Highway South, which operates over capacity. PROJECT EXPENDITURES: Planning and Design $1,700,000 Right of Way Acquisition 3,700,000 Year 2010 construction 14,053,000 10% Construction Contingency 1,405,300 12.5% Construction Management 1,756,700 Underground Conversion (PSE) 450,000 TOTAL PROJECT COSTS $23,065,000 AVAILABLE FUNDING: Total Grant Funding Mitigation Fund Budgeted City Fund (Year 2005 /06 REET) Budgeted City Fund (Year 2007 Misc Transfer) Budgeted City Fund (Year 2008 Utility Tax) Budgeted City Fund (Year 2009 Utility Tax) Surface Water Fund Lakehaven utility relocation TOTAL AVAILABLE BUDGET PROJECT BUDGET BALANCE CITY OF FEDERAL WAY MEMORANDUM $17,417,683 536,700 550,000 500,000 500,000 3,000,000 285,000 1,361,643 $24,151,026 $1,086,026 (TIB $8,177,109, Federal $7,940,574, WSDOT 1,300,000) This project is within available budget and we anticipate bidding the project in December 2010 and awarding in February 2010. Construction will commence in March 2010 with an estimated substantial completion date of November 2011. COUNCIL MEETING DATE: December 1, 2008 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Surface Water Infrastructure Maintenance and Service Contract Extension POLICY QuEsTION: Should the Council award the Surface Water Infrastructure Maintenance and Service contract extension to Everson's Econo -Vac? CoMm rrrEE: Land Use and Transportation Committee CATEGORY: Consent Ordinance Public Hearing City Council Business Resolution Other STAFF REPORT BY: William Appleton, P.E., Surface Water ManagerDEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated November 16, 2009. Options Considered: 1. Award the contract extension for the Surface Water Infrastructure Maintenance and Service to Everson's Econo -Vac for $140,190.00. 2. Reject the extension for the Surface Water Infrastructure Maintenance and Service and direct staff to rebid the services and return to Committee for further action. 3. Do not award the Surface Water Infrastructure Maintenance and Services contract extension and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Option 1 be forwarded to the December 1, 2009 City Council Consent agenda for approval. CITY MANAGER APPROVAL: 4 ti, he., 43I DIRECTOR APPROVAL: Committee Council COMMITTEE RECOMMENDATION: Committee recommends forwarding Option 1 to the December 1, 2009 City Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member ITEM MEETING DATE: November 16, 2009 Committee Council Dini Duclos, Member PROPOSED COUNCIL MOTION: `1 move to award the contract extension for Surface Water Infrastructure Maintenance and Services to Everson's Econo -Vac, for an amount not to exceed $140,190.00. COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION MOVED TO SECOND READING (ordinances only) REVISED 02/06/2006 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL BILL 1"T reading Enactment reading ORDINANCE RESOLUTION CITY OF FEDERAL WAY MEMORANDUM DATE: November 16, 2009 TO: Land Use and Transportation Committee VIA: Brian Wilson, Interim City Manager FROM: Will Appleton, P.E., Surface Water Manager SUBJECT: Contract Extension Surface Water Infrastructure Maintenance and Service BACKGROUND: On March 1, 2008, The City of Federal Way Surface Water Management Division entered into a contract with Everson's Econo -Vac for ten months for the Surface Water Infrastructure Maintenance and Service Contract, RFB 08 -101, to provide catch basin cleaning, jet rodding, and pipeline video services through December 31, 2008, in an amount not to exceed $107,429.81. The contract was amended on January 13, 2009, extending the Agreement for an additional twelve months, to December 31', 2009, for an additional amount not to exceed $140,190.00. The Contractor has agreed to a second extension of the contract until December 31, 2010, without any increase in the unit prices (as bid in the original Agreement and detailed in RFB 08 -101, Attachment b, "Bid Form Everson's Econo -Vac has been providing this service to the City thru previous contracts since 2003 and has proven to be reliable and proficient in surface water infrastructure maintenance. As a result, City staff believes Everson's Econo -Vac can successfully execute this contract extension to the City's satisfaction. AVAILABLE FUNDING: The 2010 budget for the Surface Water Infrastructure Maintenance and Service Contract is $140,190.00. The contract is on a call -out basis only and will not overrun the not to exceed amount of $140,190.00. COUNCIL MEETING DATE: December 1, 2009 POLICY QUESTION: Should the City adopt a policy to defer the payments of open space fee -in -lieu and regional stormwater facility fees to a time a later in the development process, or should the city maintain its current policy of collection of open space fee in -lieu prior to plat recording and collection of regional stormwater fees prior to engineering approval? Further, should the City add language to FWRC Chapter 19.100, "Mitigation of Development Impacts" to codify the existing policy, if this option is chosen? COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: November 16, 2009 CATEGORY: O Consent City Council Business CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Addition of code language to Federal Way Revised Code (FWRC) Title 19, "Zoning and Development Code," related to the timing of collection of open space fee -in -lieu and regional stormwater facility fee payments. Ordinance Resolution ITEM Public Hearing Other STAFF REPORT BY: Matthew Herrera, Associate Planner DEPT: Community Development Services Exhibits: 1) Planning Commission staff report for the November 4, 2009 public hearing with Exhibits A -C; 2) Modification of amendments based on Planning Commission's recommendation shown as wee -eut; 3) Minutes of the November 4, 2009, Planning Commission pubic hearing; and 4) Draft adoption ordinance Background: The City presently collects open space fee -in -lieu prior to plat recording and regional stormwater facility fees prior to engineering approval based on policy rather than code. The proposed policy change to defer the payments of open space fee -in -lieu and regional stormwater facility fees to a time later in the development process is part of the 2009 Planning Commission Work Program and was initiated by the Master Builders' Association as part of their Stimulus Package. The following policy alternatives: (1) Maintain the current policy of collection prior to plat recording for open space fee -in -lieu and prior to engineering approval for regional stormwater facility fees and add language to FWRC Chapter 19.100, "Mitigation of Development Impacts;" or (2) Defer one or both fees to Certificate of Occupancy; or (3) Defer one or both fees to point of sale were presented to Planning Commission at a public hearing on November 5, 2009. One public comment was received by a representative from the Master Builders' stating that they no longer wished to pursue a change at this point in time. The Planning Commission recommended 5 -0 to adopt a modified version of Alternative #1 (Exhibit 2). Options Considered: 1) Adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance; 2) Adopt the Planning Commission's recommendation as modified by the LUTC: or 3) Do not adopt the_proposed policy. PLANNING COMMISSION RECOMMENDATION: Adoption of Option #1 as modified by the Planning Commission. STAFF RECOMMENDATION: Staff recommends the Council adopt Option #1, adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance r Committee Council CITY MANAGER APPROVAL: COMMITTEE RECOMMENDATION: Forward Option #1; adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance to the full Council on December 1, 2009, for first reading Linda Kochmar, Chair COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION MOVED TO SECOND READING (ordinances only) REVISED 02/06/2006 Dini Duclos, Member DIRECTOR APPROVAL: PROPOSED COUNCIL MOTION(S): 1 ST READING OF ORDINANCE (12/01/09): "1 move to forward the ordinance to a second reading for enactment on the December 15, 2009, consent agenda." 2" READING OF ORDINANCE (12/15/09): '1 move approval of the L UTC's recommendation to approve the code amendments, which are contained in the Ado tion Ordinance." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL BILL 1 reading Enactment reading ORDINANCE RESOLUTION Committee Council Jim Ferrell, Member ,4,1 CITY OF Federal Way EXHIBIT PAGE_LOF1.4t_— STAFF REPORT TO THE PLANNING COMMISSION Public Hearing November 4, 2009 Policy Issue Deferment of Open Space Fee -in -Lieu and Regional Stormwater Facility Fee (File No 09- 101018- 00 -UP) OVERVIEW The proposed development regulation is with regard to timing of open space fee -in -lieu and regional stormwater payments to the city. The Federal Way Revised Code (FWRC) does not currently prescribe the timing of such payments. As an administrative policy, the city collects open space fee -in -lieu' prior to recording a residential subdivision with the King County Division of Records and Elections, and collects regional stormwater facility fees prior to engineering approval. Staff recommends this policy become codified within the FWRC. This development regulation amendment was initiated by the Master Builders Association (MBA) of King and Snohomish Counties as part of the association's local `economic stimulus plan' directed towards several local jurisdictions. Deferring the collection of impact fees to a date closer to the actual impact is one of several items the MBA suggested the city add to its 2009 Long Range Work Program. It is the MBA's position that deferring the collection of impact fees to a date closer to the actual impact would reduce "carrying costs" of the development. Carrying costs, such as impact fees, increase the amount developers must finance and accumulated interest associated with such costs increase the costs of the overall development. Notwithstanding the recently adopted Traffic Impact Fee, the city does not utilize impact fees, but instead can accept a fee -in -lieu for open space and directing stormwater run-off from developed sites into one of the city's regional facilities. The fee -in -lieu option is for developers that choose not to provide mite open space for residential subdivisions or stormwater detention facilities in areas within the city's regional stormwater facility basins. Fees Considered for Deferment City staff first identified the following fees associated with new development for possible deferment: traffic, school, open space, and regional stormwater facility. However, since the City Council has recently adopted a Traffic Impact Fee and deferred payment to the property's point of sale for single family development and building permit for all other development as part of the new ordinance, staff no longer proposes to address this fee. Although collected by the city via an inter -local agreement, school impact fee policies are set by the Federal Way Public School District; therefore, staff proposes not to address this fee; thus leaving the open space and regional stormwater fee -in -lieu options as possible candidates for deferment. 1 Residential subdivisions are required to provide open space in the amount of 15 percent of the gross land area of the subdivision site; however, at the discretion of the Parks Director, they may pay a fee -in -lieu in the amount of 15 percent of the pre-divided assessed land value to satisfy open space requirements. 2 Regional stormwater fees are assessed to developments that choose to utilize one of the city owned stormwater facilities. This option provides developers the option of paying a fee -in -lieu of providing on -site stormwater detention pond. Deferment of Fees Code Amendment File #09- 1010 18 UP Doc ID 51870 Planning Commission Staff Report Page 1 of 7 Fee Option #1 Current Policy Option 2 Defer to Certificate of Occupancy Option #3 Defer to Point of Sale Open space fee-in-lieu (Not applicable to commercial/multi- family developments.) Paid prior to plat recording. Fee would be divided up amongst all properties within the subdivision and paid prior to the occupancy of the completed home. Fee would be divided up amongst all properties within the subdivision and paid at the time of sale of the home via a lien initiated by the city. Regional stormwater facility fee -in -lieu Paid prior to engineering approval/building permit issuance. Fee world be paid prior to the occupancy of the completed home/ commercial building. Fee would be paid at the time of sale of the home./ commercial .building via a lien initiated by the city. EXHIBIT PAGE ._OF__l H. PROCEDURAL SUMMARY The proposed development regulation is exempt from environmental review pursuant to State Environmental Policy Act Rules 197 -11- 800(19), Procedural Actions. The proposal relates solely to governmental procedures containing no substantive standards respecting use or modification of the environment. Public notice of the Planning Commission hearing was provided October 17, 2009, pursuant to procedures within FWRC 19.80.170 and emailed to the department's stakeholders (Exhibit A) October 16, 2009. One comment was received via email from John Norris of Norris Homes Incorporated on October 18, 2009 (Exhibit B). III. SUMMARY OF DEVELOPMENT REGULATION OPTIONS Staff has presented the Planning Commission with the following three scenarios: (1) Retain the current policy with no change; (2) Defer the collection of the fees to Certificate of Occupancy; or (3) Defer the collection of the fees to the point of sale of the property. IV. ANALYSIS OF CURRENT POLICY (OPTION #1) Open space and regional stormwater fees are currently collected prior to construction. Existing collection policies provide the city with assurance that fees are paid as (1) the subdivision/plat can not be recorded without payment of open space fees and lots are not officially divided until the plat is recorded with the county; and (2) construction activities may not begin until the applicant pays for the use of a regional stormwater facility. The impetus for the policy change, in part, is to defer fees to a time closer to the actual intact of the development. Currently, open space fees are collected after plat infrastructure (roads, sewer, water, etc.) is completed, but prior to the occupancy of the individual residences, which can be argued is the actual time of impact. Conversely, regional stormwater fees are collected at the time of impact as the construction process (clearing, grading, and paving) results in an immediate intact to the property. Deferment of Fees Code Amendment File #09- 1010 18-00- UP Doc ID 51870 Page2of7 Planning Commission Staff Report Potential Adverse Effects of Deferring to Certificate of Occupancy City inspectors placed in the awkward position of withholding occupancy to a completed home for non safety issues. Open Space Fee-in -Lieu Piecemeal collection and state mandated time limitations to use fees would make utilization of funds difficult. Adds to administrative costs of tracking and implementation. City inspectors placed in the awkward position of withholding occupancy to completed commercial buildings and homes for Regional Stormwater Facility Fee non- safety issues. Fees are collected following the actual impact. Stormwater flow control could be provided throughout the construction process without payment for services. EXHIBIT PAGE 3 k.,3 Open Space Fee -in -lieu is a type of mitigation and not an impact fee. State law restricts the use of mitigation payments to only those identified projects directly related to the development. This limits the utilization of these fees to a specific park comprehensive plan planning area that the subject property falls within. Fees are currently collected for the entire pre- divided parcel prior to recording the plat and mint be used within five years of co llection, or they are refunded to the property owners of record. Regional Stormwater The ability to utilize one of the city's regional stormwater facilities often allows the developer to forego the need to provide an on -site detention pond. Public Works Department standards require developers to contain stormwater flows at a similar rate as the property's pre developed condition. Fees collected for regional stormwater facility usage are used for construction cost recovery and the facilities ongoing maintenance. V. ANALYSIS OF THE PROPOSED POLICY CHANGE Deferment of fees would result in the city receiving payment after construction is completed Deferring the collection of fees until the end of construction increases the risk of nonpayment. Such a deferment may also put the city in the position of withholding occupancy to a completed building or home. Staff analyzed two options for fee deferment: Option 2, defer payment to Certificate of Occupancy; and Option 3, defer payment to point of sale. Option #2, Defer to Certificate of Occupancy The Certificate of Occupancy is the final stage of permitting. A building inspector from the Department Community Development Services conducts a final inspection of the completed home or commercial building and grants occupancy if all required improvements are completed per the approved plan. Persons may not reside or conduct business m a home or building until the Certificate of Occupancy is granted. If it is found the applicant has not paid open space fee-in-lieu fees owed to the city, the inspector would be required to withhold the Certificate of Occupancy until the balance of fees are paid. This could potentially put the city in the awkward position of withholding occupancy for non payment of fees. Deferment of Fees Code Amendment Planning Commission Staff Report File #09 1010 18 'UP Doc ID 51870 Page 3 of 7 Potential Adverse Effects of Deferring to Point of Sale Open Space Fee -in -Lieu City is unable to track past the point of of Occupancy. Collection of fee is dependent on escrow agent ensuring payment is made ptor to closing Piecemeal collection and state mandated time limitations to use fees would make utilization of funds difficult. Additional administrative and collection costs. Regional Stormwater Facility Fee In the case of commercial/multi- familyuse, the developer may hold onto the property for an extended period of time, or have no intention of selling, thereby avoiding fee payments. City is unable to track past the point of Certificate of Collection of fee is dependent on escrow agent ensuring payment is made prior to closing. Stormwater flow control could be provided throughout the construction process and beyond without payment of services. Option #3, Defer to Point of Sale The deferment until point of sale could potentially put the collection of fees past the Certificate of Occupancy. This may be accomplished by placing a covenant or lien against the property requiring payment prior to closing. 3 The term commercial/multi family use is meant to refer to uses other than subdivisions. EXHl/WA_- PAGE_If_0F14_ VI. JURISDICTIONAL COMPARISONS The deferment of impact fees is a relatively new policy brought about by the current economic downturn. Most jurisdictions in Washington State, including Federal Way, collect fees at building permit issuance for commercial/multi- family uses and at plat recording for subdivisions. The following four jurisdictions have either had deferment policies or currently implement a deferment option Pierce County Pierce County experimented with allowing delayed collection of impact fees at point of sale (Option #2) subject to a voluntary lien. However, Pierce County rescinded this provision after experiencing a 27 percent failure rate on impact fee collection. 2. Kitsap County IKitsap'County deferred impact fees to Certificate of Occupancy (Option #1), but due high rates of Kitsap moved the collection point to prior to the final inspection of the building permit. 3. City of Sammamish This year, Sammamish adopted a policy to allow deferment to the point of sale until December 31, 2010. As of the date of this report, no failure in collection has been found. 4. City of Olympia Olympia recently adopted a policy to allow the deferment until the point of sale for developments within the downtown area. The policy will sunset August 2010. As of the date of this report, no failure in collection has been found. Deferment of Fees Code Amendment File #09- 1010 18-00- UP Doc ID 51870 Planning Commission Staff Report Page 4 of 7 EXHIBIT PAGE_A_OF l.� VII. PLANNING COMMISSION OPTIONS Staff presents the Planning Commission the following options for the open space fee -in -lieu and regional stormwater facility fee: a. Open Space Fee -in -Lieu: 1. Retain the current policy with no change; 2. Defer the collection of the fee to Certificate of Occupancy; or 3. Defer the collection of the fee to the point of sale of the property. b. Regional Stormwater Facility Fee: 1. Retain the current policy with no change; 2. Defer the collection of the fee to Certificate of Occupancy; or 3. Defer the collection of the fee to the point of sale of the property. VIII. STAFF RECOMMENDATION Staff recommends the fee collection policy remain unchanged for both fees (Option #1) due to the following: 1. Maintaining the current policy of collection (Option #1) at plat recording for open space fee -in -lieu and engineering approval for regional stormwater provides the greatest assurance the city will receive payment of the two fees. 2. The impetus for the policy change, in part, is to defer fees to a time closer to the actual impact. With regard to regional stormwater fees, both Options #2 and #3 defer the collection to a point after the actual impact; therefore, making the policy inconsistent with the premise that fee collection should be tied to the point of impact. 3. Unll�ke the newly adopted Traffic Impact Fee, these fees are not mandatory. The developer does have the option to provide onsite open space or a stormwater detention facility. 4. Deferring fees to point of sale (Option #3) could result in a loss of collection as the developer may have no intention of selling the property once construction is completed. 5. The fragmented collection coupled with mandated time limits to use fees could cause difficulty in the utilization of open space fees. 6. The fragmented collection of fees would add additional tracking and administrative costs. IV. BASIS FOR PLANNING COMMISSION ACTION FWRC Title 19 "Zoning and Development Code" Chapter 19.80, "Process VI Review," establishes a process and criteria for development regulation amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the proposed development regulation amendments. Deferment of Fees Code Amendment File #09- 1010 18-00- UP Doc ID 51870 Planning Commission Staff Report Page 5 of 7 EXHIBIT 1 PAG =--4M -i 2. To determine whether the proposed development regulation amendment meets the criteria provided by FWRC 19.80.130. 3. To forward a recommendation to City Council regarding adoption of the proposed development regulation amendment. V. DECISIONAL CRITERIA FWRC 19.80.130 provides criteria for development regulation amendments. The following section analyzes the compliance of the proposed amendments with the criteria provided by FWRC 19.80.130. The city may amend the text of the FWRC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. Policy CFP 1— Provide needed public facilities and services to implement the Federal Way Comprehensive Plan. Policy CFP6 Protect investments in existing facilities through an appropriate level of maintenance and operation funding. Policy CFP13 Provide the capital facilities needed to serve the future growth anticipated by the Federal Way Comprehensive Plan. Staff Response Maintaining the current policy of fee collection at plat recording for open space fee -in -lieu and engineering approval for regional stormwater facilities provides assurance the preceding three comprehensive plan policies can be implemented. Payment defaults may cause level of service deficiencies due to increase demands on existing facilities. 2 The proposed amendment bears a substantial relationship to public health, safety, or welfare. Staff Response The current point of collection policy ensures payment, protects level of service, and provides consistency. 3. The proposed amendment is in the best interest of the residents of the City. Staff Response As mentioned previously, the current policy assures payment of regional stormwater fees at the point of impact and assurance that open space fee -in -lieu is paid without delay to occupancy. VI. PLANNING COMMISSION ACTION Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding the proposed development regulation amendments. Deferment of Fees Code Amendment File #09- 1010 18-00- UP Doc ID 51870 Planning Commission Staff Report Page 6 of 7 EXHIBITS 5. Forward the policy question to the City Council without a recommendation. Report Prepared by: Associate Planner Matthew Herrera EXHIBIT PAGE�_C1F_L�_. A. Open Space Fee-in -Lieu 1. Recommend to the City Council adoption of Option #1 (staff recommendation); maintain the current method of collection at plat recording as shown in Exhibit C, FWRC Chapter 19.100, "Mitigation of Development Impacts." 2. Recommend to the City Council adoption of Option #2; defer the collection of the open space fee -in -lieu to Certificate of Occupancy. 3. Recommend to the City Council adoption of Option #3; defer the collection of the open space fee -in -lieu to the point of sale of the property. 4. Modify Option #1, #2, or #3 and recommend to the City Council adoption of the modification. B. Regional Stormwater Facility Fee 1. Recommend to the City Council adoption of Option #1 (staffrecommendation); maintain the current method of collection at engineering approval as shown in Exhibit C, FWRC Chapter 19.100, "Mitigation of Development Impacts." 2. Recommend to the City Council adoption of Option #2; defer the collection of the regional stormwater facility fee to Certificate of Occupancy. 3. Recommend to the City Council adoption of Option #3; defer the collection of the regional stormwater fee to the point of sale of the. property. 4. Modify Option #1, #2, or #3 and recommend to the City Council adoption of the modification; 5. Forward the policy question to the City Council without a recommendation. Exhibit A Community Development Services Stakeholders List Exhibit B Comment Received from John Norris Exhibit C Proposed Code Amendment FWRC Chapter 19.100, "Mitigation of Development Impacts" Deferment of Fees Code Amendment File #09- 1010- 18 -00- UP Doc ID 51870 Planning Commission Staff Report Page 7 of 7 Bob Cooper Lloyd Enterprises Inc. PO Box 3889 Federal Way, WA 98063 -3889 bobe @ltoi'd terptisesinc. coin Chris Carrel Friend of the Hylebos PO Box 24971 Federal Way, WA 98093 Chinookru?.l�viebos.org Dan Biles SBI Developing PO Box 73790 Puyallup, WA 98373 danbrizisoundbuilthornes.com Kurt Wilson SBI Developing PO Box 73790 Puyallup, WA 98373 (253) 539-8116 kurt asoundbuuilthornes.com Darla Morin Harsch Investment Properties 13010 NE 20 Street, Suite 450 Bellevue, WA 98005 (425) 284 -5352 [arlat gikki;�xsc1i.cone Julie Ramseth Harsch Investment Properties 13010 NE 20 Street, Suite 450 Bellevue, WA 98005 (530) 450-0778 j11ieravharsch.com Don Perry Lakehaven Utility District PO Box 4249 Federal Way, WA 98063 dpeJrilkiakehaven.org Tim Osborne, PE Lakehaven Utility District 31627 1s Avenue South Federal Way, WA 98003 (253) 946-5540 tosbquefid4kehayknoig CODE AMENDMENTS AND DNS NOTICE Stakeholders List as of June 18, 2009 John Bowman Lakehaven Utility District PO Box 4249 Federal Way, WA 98063 (253) 946-5401 1Losti ap 3akehaveJi& g Gil Hulsmann Abbey Road Group PO Box 1224 Puyallup, WA 98371 (253) 435 -3699 il.hulsm nngabbevrnadgrpiacom Jennifer Dovey Windermere 33405 6th Avenue South Federal Way, WA 98003 (206) 423 -8000 sdovevria;wiridermtre.com John Norris Norris Homes 2053 Faben Drive Mercer Island, WA 98040 (206) 275 -1901 bhationisa Steve Kelly ESM Consulting Engineers 33915 1s Way South, Suite 200 Federal Way, WA 98003 (253) 838 -6113 Steve kelly(uveanciyil com K:12009 Code AmendmenffiUmpact Fee Point of Cofectionlstakeholder interested patties mailing list.doc Mark Clirehugh GVA Kidder, Mathews, Segner 1201 Pacific Avenue, #1400 Tacoma, WA 98402 (253) 722-1416 marcicasyakm..conx Paul Lymberis Quadrant Homes PO Box 130 Bellevue, WA 98009 (425) 452-6556 Paul.l� 01eris i .444fa. fthcmes.ccn2 EXHIBIT PAGE_ILQF14-- EXHl�14� PAGE _LOF -S.-- Paul Manzer Pacland Development Consulting 11235 SE 6th Street, Suite 220 Bellevue, WA 98004 (425) 453 -9501 pmanzer@pacland.com Rod Leland Federal Way Public Schools 31405 18 Avenue South Federal Way, WA 98003 rieland!ct fwsd.wednet.edu Sid White Federal Way Public Schools 1066 South 320 Street Federal Way, WA 98003 (253) 945-5935 swhiteagvips.org Ron Biesold South King Fire Rescue 31617 1s Avenue South Federal Way, WA 98003 (206) 227-9301 Ron.biesoldirLsouthkinz5re.org Tom Raymond South King Fire Rescue 31617 1s Avenue South Federal Way, WA 98003 (253) 946-7241 Torn.rav nond@southldngfire.ore Tom Pierson Federal Way Chamber of Commerce PO Box 4220 Federal Way, WA 98063 (253) 838 -2605 trIngfedqalvoyehanterspin Sam Pace Sea/King County Assoc of Realtors 29839 154 Avenue SE Kent, WA 98042 -4557 (253) 630 -5541 saiupace(ii?concentric.net Page 1 of 3 Craig Deaver CES NW, Inc. E -mail CODE AMENDMENTS AND DNS NOTICE Ron Tremaine Redstone Development Land Acquisition and Development 17417 433` Street SE North Bend, WA 98045 redstoncon(a)hotmail.com 425-831-7730 (wk) 206 -353 -1761 (cell) 425 -831 -7783 (fax) Monte Powell Powell Homes 29607 8 Avenue South Federal Way, WA 98003 monte@•!powell hornes.com H. David Kaplan 30240 27 Avenue South Federal Way, WA 98003 Hdk1934(hotmail.com Garrett J. Huffman Master Builders Association of King/Snohomish Counties 335 116 Avenue SE Bellevue, WA 98004 auffin_ coin 425- 460 -8236 (MBAKS) Brant A. Schweikl, P.E. Managing Member Schweikl and Associates, PLLC 705 South 9 Street, Suite 303 Tacoma, WA 98405 bschweikl(?sacivil.net 253- 272 -4451 (wk) 253- 272- 4495(fax) Mike.Be Quadrant, Development Manager 14725 SE 36 Street, Suite #200 PO Box 130 Bellevue, WA 98009 mike.behn(aquadranthomes.coni 425- 452 -6563 425- 753- 4866(cell) Hans Korve 726 Auburn Way North Auburn, WA 98032 bans(fidoip- :inc.us 253 -383 -2200 Bob Roper bob.roper@comcast.net 253 -941 -6954 Dale A Roper The Roper Company Landscape Architecture/ Site Planning 816 Cherry Avenue, #3A Sumner, WA 98390 253 -891 -1030 253- 826 -3891 (fax) roperdale((aol.com Gary Hering 1439 SW 296 Street Federal Way, WA 98023 eringsik meast Tim Atkins Big Mountain Enterprises tErrirci bigEnaxurtaine.atocom PO Box 1001 Enu nclaw, WA 98022 Bill McCaffrey WJM Studio 1911 SW Campus Drive, Suite 116 Federal Way, WA 98023 wjmccaffteXimom cast.::net Tom Barghausen Barghausen Consulting Engineers 18215 72n Avenue South Kent, WA 98032 tbarglzausen Peter Townsend 1648 South 310 Street, Suite 6 Federal Way, WA 98003 253- 839 -2947 uetert8(c')m..e.corn Auburn, WA 98032 K:\2009 Code Amendmmb\Impact Fee Point of Collection\stakehokler interested parties mailing list.doc EXHlBIT__A___- PAGE From the Clearing Grading POR list Mike Baily LDG Architects 1319 Dexter Avenue, Suite 260 Seattle, WA 98109 206 -283 -4764 mikofaildgarchitects.com Chad Weiser OTAK 10236 NE Points Drive, Suite 400 Kirkland, WA 98033 -7897 206 -442 -1359 ch.ad.weiser(c'uotakeom Christine Balyeat New Concept Homes PO Box 1229 Issaquah, WA 98027 hcbalyeat@hotmail.com Mark Freitas 33516 9 Avenue South Federal Way, WA 98003 253- 838 -8327 rarkfecixaa acs.c.Qm Tres Kirkebo Apex Engineering 2601 35 Street, Suite 200 Tacoma, WA 98409 253 -473 -4494 kirkeboe,a enninegring.nit Dennis Haneberg Apex Engineering 2601 35 Street, Suite 200 Tacoma, WA 98409 253- 473 -4494 hanbeerg@apexeugineeriag.net Gary Martindale The Commons of Federal Way 1928 -B South Commons Blvd Federal Way, WA 98003 253- 839 -6156 l? tnartindalegtcafw. coin Jeff Greene Greene Gasaway Architects PO Box 4158 EXHIBIT I PAGE _A...0_14_ Page 2 of 3 Federal Way, WA 98063 -4158 253 -941 -4937 jeffgg rchid)scanct.coin Steve Hammer Browleit Peterson Hammer Architects 6920 220 SW, Suite 200 Mountlake Terrace, WA 98043 stew e(&bpharch.com Mel Easter Johnson Braund Design Group 15200 52n Avenue South, Suite 200 Seattle, WA 98188 206 766 -8300 melf*Pdg.com Koong Cho Royal Hospitality (Hampton Inn) 15901 West Valley Highway Tukwila, WA 98188 253 -318 -0908 koongc®;comcast.net Jim Jordan (Saghalie Heights developer) k danOisomedia.com Mike Hovland Hovland Architects 900 Meridian Ave East, Suite 408 Milton, WA 98354 tiovarelitikomcgi net Dave Thorstad 406 South 289 Place Federal Way, WA 98003 dltarchitect@conicast.net Dan Coxall Hammes Co. (St Francis Hospital) 1325 4 Avenue, Suite 1035 Seattle, WA 98101 dcomill@kammesco.com corn Tony Starkovich 1611 9 Avenue North Edmonds, WA 98020 425- 775 -6552 vintagecapitat(ii%holinail.com Gareth Roe BCRA 2106 Pacific Avenue, Suite 300 Tacoma, WA 98402 253- 627 -4367 oc,(0)crad.esiX13.con) Heidi Swartz Swartz Development 5724 30th Ave NE Seattle, WA 98105 (206) 730 -6933 cell (206) 527 -8999 fax hpsvartz(i comcastncat K02099 Code AmendmentsUmpact Fee Point of Col ection\stakeholder interested patties mailing list doc EXHI�IT_� PAGE�_OF�_ EXHIBIT PAGE _QFJ11_ Page 3 of 3 Tina Piety From: John Norris (johnnorris @comcast.net] Sent: Sunday, October 18, 2009 5:12 AM To: Tina Piety; Matt Herrera Cc: Margaret Clark Subject: RE: Planning Commission Meeting They should repeal both of the ordinances that charge these fees. The open space fee is extremely excessive and punishes people who held on to their land longer. Most of Federal way was built without the open space fee so the very people who actually provided open space by not developing their land got punished with a tax equal to 15% of the assessed value of their land. They paid taxes on their land all of that time, it was probably their nest egg or something and along comes government probably backed up by some citizens who somehow justify that it is okay to steel their neighbors stuff as long as they get the government to do it for them. I do not understand why some people are supposed to provide open space for other people to use. It seems to me that the rule used to be that if the government needed your land for the good of the public they could condemn it and buy it for fair value or fair value plus 10% if you had to move. Back then the government needed way less land when they had to buy it, but now that they just pass ordinances.that allow them to steel it, they steel twice as much as they need. Just like all of the sensitive area buffers. Why steel a 5 foot buffer when you can steel 50 foot buffer for the same cost (free). Actually in a lot cases they charge us a fee, make us hire a consultant or two, fill out an application, jump through a few hoops to get permission to have the city steel our buffer. The best part was when they tripled all of the buffers and called it "Best Science What they meant was "no science" or "made up science Best science would have been to have buffers determined by each individual sensitive area, based on the unique nature of the sensitive area in question, the government agency requiring the buffer should have to buy the buffer for the good of the public so that they are not tempted to steel 10 times as much as they needed. Government should not ever be allowed to spend other people's money. Oops did that turn into a rant? Did 1 do my (even with good intentions) government sucks rant? Sorry 1 was just throwing my slightly jaded opinion out there. I am not bitter and I still like everyone. Could someone forward this on each council member for me? Oh and if anyone takes offense, this wasn't written by John Norris, it was actually written by that little smart ass in his head, sometimes he gets loose and sends out inflammatory emails before John can stop him. joHN NOIUUS PR.Fjw3ENI NORRIS ICMES C. JQH J it ME W 0: 206.2751902 0 206.423.4600 F 2062751910 CIS. WIERE DREAMS ARE Mtti. From: Tina Piety mailt o:Tina.Piety@cityoffederalway.com] Sent: Friday, October 16, 2009 5:14 PM To: Matt Herrera Cc: Margaret Clark Subject: Planning Commission Meeting Hello, EXHIBIT P1►ct______Lvr 2 EXHIBIT 1 PAGE. I. ,14 Please see the attached notice of the November 4, 2009, Federal Way Planning Commission. The Commission will consider whether the collection of the open space fees and stormwater fees should be deferred to a later date in the development process. The city currently collects open space fees prior to plat recording and regional stormwater fees prior to engineering approval. Please contact Associate Planner Matthew Herrera at 253- 835 -2643, or niatt corn with any questions. T%v PCety, A4 n yttstrat'we'A» tcw t 1I Community Development Services City of Federal Way Street: 33325 8th Avenue South Mail: PO Box 9718 Federal Way, WA 98063 253- 835 -2601; Fax 253- 835 -2609 2 EXHlBIT�- PAGE�.OF�_ EXHIBIT�- PAGEI�OF1� Sections: 19.100.010 19.100.020 19.100.030 19.100.040 19.100.050 19.100.060 FEDERAL WAY REVISED CODE Title 19, Zoning and Development Code Chapter 19.100, Mitigation of Development Impacts EXHIBIT co PAGE I OF as Purpose. Definition. Determination of direct impact. Costs. Mitigation of direct impacts. Methods of mitigation. 19.100.010 Purpose. It is the purpose of this chapter to provide alternatives for prospective developers of land within the city to mitigate the direct impacts that have been specifically identified by the city as a consequence of proposed development, and to make provisions for, including, but not limited to, the public health, safety and general welfare, for open spaces, drainageways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and sites for schools and school grounds. (Ord. No. 90 -39, 1(22.10), 2- 27 -90. Code 2001 19-41.) 19.100.020 Definition. For purposes of this chapter, the term "development" shall include, but not be limited to, subdivisions, short subdivisions, binding site plans and any other development activity defined by FWRC Title 19, Zoning and Development Code. (Ord. No 90 -39, 1(22.20), 2- 27 -90.' Code 2001 19 -42.) 19.100.030 Determination of direct impact. Before any development is given the required approval or is permitted to proceed, the official or body charged with deciding whether such approval should be given shall determine direct impacts, if any, that are a consequence of the proposed development and which require mitigation, considering, but not limited to, the following factors: (1) Predevelopment versus postdevelopment need for services such as city streets, sewers, water supplies, drainage facilities, parks, playgrounds, recreational facilities, schools, police services, fire services and other municipal facilities or services; (2) Likelihood that a direct impact of a proposed development would require mitigation due to the cumulative effect of such impact when aggregated with the similar impacts of future development in the immediate vicinity of the proposed development; (3) Size, number, condition and proximity of existing facilities to be affected by the proposed development; (4) Nature and quantity of capital improvements reasonably necessary to mitigate specific direct impacts identified as a consequence of the proposed development; (5) Likelihood that the users of the proposed development will benefit from any mitigating capital improvements or programs; (6) Any significant adverse environmental impacts of the proposed development identified in the process of complying with the environmental policy, FWRC Title 14, or the State Environmental Policy Act, RCW 43.21C.010 et seq.; (7) Consistency with the city's comprehensive plan and any of its subparts; (8) Likelihood of city growth by annexation into areas immediately adjacent to the proposed development; (9) Appropriateness of financing necessary capital improvements by means of local improvement districts; (10) Whether the designated capital improvement furthers the public health, safety or general welfare; and (11) Any other facts deemed by the city to be relevant. (Ord. No. 90 -39, 1(22.30), 2- 27 -90. Code 2001 19 -43.) K:\2009 Code AmendmenbUmpact Pee Point of Collection\PlanningCommision \Chapter 19- 100.doc EXHIBITA- PAGE...L.3_OF Page 1 of 2 •19.100.040 Costs. The cost of any investigations, analysis or reports necessary for a determination of direct impact shall be borne by the applicant. (Ord. No. 90 -39, 1(22.40), 2- 27 -90. Code 2001 19 -44.), 19.100.050 Mitigation of direct impacts. The official or body charged with granting the necessary approval for a proposed development shall review an applicant's proposal for mitigating any identified direct impacts and determine whether such proposal is an acceptable mitigation measure considering the cost and land requirements of the required improvement and the extent to which the necessity for the improvement is attributable to the direct impacts of the proposed development. No official or body shall approve a development unless provisions have been made to mitigate identified direct impacts that are consequences of such development. (Ord. No. 90-39, 1(22.50), 2- 27 -90. Code 2001 19 -45.) 19.100.060 Methods of mitigation. (1) The methods' of mitigating identified direct impacts required as a condition of any development approval may include, but are not limited to, dedication of land to any public body, off -site improvements, on -site improvements, and other capital or noncapital methods that may effectively reduce direct imacts. (2) In lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, the city may approve a voluntary payment agreement, if deemed necessary., with the developer, provided no such agreement shall be required as a condition of approval, and shall be subject to the following provisions: (a) The official or body approving development must find that the money offered will mitigate or is a satisfactory alternative to mitigate the identified direct impact. (b) Unless 'otherwise stipulated in the FWRC, open space fee -in -lieu nayment shall be made prior to plat recording for land divisions and stormwater management fees shall be made at engineering approval for plats and building permit issuance for all other development, or as otherwise deterr iiined by the Public Works Director. Lc,) The pa I, it shall be held in a reserve account and may only be expended to fund a capital improvement or program agreed upon by the parties to mitigate the identified direct impact. (e) (d) The payment shall be expended in all cases within five years of collection, unless otherwise agreed to by the developer. (d) (e) Any payment not expended within five years of collection shall be refunded to the property owners of record at the time of the refund with interest at the rate earned in the city's reserve account applicable at the time of refund. If the payment is not expended within five years due to delay attributable to the developer, the payment shall be refunded without interest. (e) (f) Property owners entitled to a refund and /or interest under the provisions of this chapter may voluntarily and in writing waive their right to a refund for specified period of time in the interest of providing the designated capital improvement or other capital improvement or program identified by the property owner, and acceptable to the city. (g) The developer may voluntarily and in writing waive on behalf of the developer and subsequent purchasers the right to interest and or a refund in order to facilitate completion of an improvement. Under no condition shall such a waiverbe required as a condition of approval. Such waiver shall be recorded with the county where the property is situated and shall be binding on subsequent owners. (3) The developer or applicant may choose to pay a fee in lieu of reservation of all or portions of open space areas required. If the applicant offers to pay money in lieu of open space and if the city accepts the offer, the amount shall be determined based upon the square footage of open space which otherwise would have been required to be provided times the then current market value per square foot of similarly situated property. (Ord. No. 90 -39, 1(22.60.10 22.60.30), 2- 27 -90. Code 2001 19 -46.) K:\2009 Code Amendments\Impact Fee Point of Collection \Pktiming Commision \Clapter 19- 100.doc EXHIBIT C+ PACE Z OF as 1 Cross references: Parks and recreation, Chapter 4.05 FWRC; streets and sidewalks, FWRC Title 4, Division II; utilities, FWRC Title 11; water quality requirements and surface water, stormwater and other waterways, Chapter 16.45 FWRC; subdivisions, FWRC Title 18; public use easements, FWRC 19.05.330; building site requirements, FWRC 19.105.010; calculating lot coverage requirements in the district regulations, FWRC 19.110.020; land modification restrictions and requirements, Chapter 19.120 FWRC; re ctions regarding fences, FWRC 19.125.120 et seq.; site design requirements for environmentally sensi 155 FC. PAGEA_0 Page 2 of 2 EXHIBIT z FEDERAL WAY REVISED CODE PAGE....._.L_0F.2_ Title 19, Zoning and Development Code Chapter 19.100, Mitigation of Development Impacts Sections: 19.100.010 Purpose. 19.100.020 Definition. 19.100.030 Determination of direct impact. 19.100.040 Costs. 19.100.050 Mitigation of direct impacts. 19.100.060 Methods of mitigation. 19.100.010 Purpose. It is the purpose of this chapter to provide alternatives for prospective developers of land within the city to mitigate the direct impacts that have been specifically identified by the city as a consequence of proposed development, and to make provisions for, including, but not limited to, the public health, safety and general welfare, for open spaces, drainageways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and sites for schools and school grounds. (Ord. No. 90 -39, 1(22.10), 2- 27 -90. Code 2001 19 -41.) 19.100.020 Definition. For purposes of this chapter, the term "development" shall include, but not be limited to, subdivisions, short subdivisions, binding site plans and any other development activity defined by FWRC Title 19, Zoning and Development Code. (Ord. No. 90 -39, 1(22.20), 2- 27 -90. Code 2001 19 -42.) 19.100.030 Determination of direct impact. Before any development is given the required approval or is permitted to proceed, the official or body charged with deciding whether such approval should be given shall determine direct impacts, if any, that are a consequence of the proposed development and which require mitigation, considering, but not limited to, the following factors: (1) Predevelopment versus postdevelopment need for services such as city streets, sewers, water supplies, drainage facilities, parks, playgrounds, recreational facilities, schools, police services, fire services and other municipal facilities or services; (2) Likelihood that a direct impact of a proposed development would require mitigation due to the cumulative effect of such impact when aggregated with the similar impacts of future development in the immediate vicinity of the proposed development; (3) Size, number, condition and proximity of existing facilities to be affected by the proposed development; (4) Nature and quantity of capital improvements reasonably necessary to mitigate specific direct impacts identified as a consequence of the proposed development; (5) Likelihood that the users of the proposed development will benefit from any mitigating capital improvements or programs; (6) Any significant adverse environmental impacts of the proposed development identified in the process of complying with the environmental policy, FWRC Title 14, or the State Environmental Policy Act, RCW 43.21C.010 et seq.; (7) Consistency with the city's comprehensive plan and any of its subparts; (8) Likelihood of city growth by annexation into areas immediately adjacent to the proposed development; (9) Appropriateness of financing necessary capital improvements by means of local improvement districts; (10) Whether the designated capital improvement furthers the public health, safety or general welfare; and (11) Any other facts deemed by the city to be relevant. (Ord. No. 90 -39, 1(22.30), 2- 27 -90. Code 2001 19 -43.) K:\2009 Code AmendmentsUmpact Fee Point of Collection\LUTC\Chapter 19 -100 PC Modification.doc Page 1 of 2 I(\2009 Code Amendments\Impact Fee Point of Collection \LUTC\Chapter 19 -100 PC Modification.doc EXHIBIT Z PAGE 3► OF t• 19.100.040 Costs. The cost of any investigations, analysis or reports necessary for a determination of direct impact shall be borne by the applicant. (Ord. No. 90 -39, 1(22.40), 2- 27 -90. Code 2001 19 -44.) 19.100.050 Mitigation of direct impacts. The official or body charged with granting the necessary approval for a proposed development shall review an applicant's proposal for mitigating any identified direct impacts and determine whether such proposal is an acceptable mitigation measure considering the cost and land requirements of the required improvement and the extent to which the necessity for the improvement is attributable to the direct impacts of the proposed development. No official or body shall approve a development unless provisions have been made to mitigate identified direct impacts that are consequences of such development. (Ord. No. 90 -39, 1(22.50), 2- 27 -90. Code 2001 19 -45.) 19.100.060 Methods of mitigation. (1) The methods of mitigating identified direct impacts required as a condition of any development approval may include, but are not limited to, dedication of land to any public body, off -site improvements, on -site improvements, and other capital or noncapital methods that may effectively reduce direct impacts. (2) In lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, the city may approve a voluntary payment agreement, if deemed necessary, with the developer, provided no such agreement shall be required as a condition of approval, and shall be subject to the following provisions: (a) The official or body approving development must find that the money offered will mitigate or is a satisfactory alternative to mitigate the identified direct impact. (b) Unless otherwise stipulated in the FWRC, open space fee -in -lieu payment shall be made prior to plat recording for land divisions and stormwater management fees shall be made at engineering approval for plats and building permit issuance for all other development. Eh) The payment shall be held in a reserve account and may only be expended to fund a capital improvement or program agreed upon by the parties to mitigate the identified direct impact. (e3 (d) The payment shall be expended in all cases within five years of collection, unless otherwise agreed to by the developer. (e) Any payment not expended within five years of collection shall be refunded to the property owners of record at the time of the refund with interest at the rate earned in the city's reserve account applicable at the time of refund. If the payment is not expended within five years due to delay attributable to the developer, the payment shall be refunded without interest. (e) (f) Property owners entitled to a refund and/or interest under the provisions of this chapter may voluntarily and in writing waive their right to a refund for specified period of time in the interest of providing the designated capital improvement or other capital improvement or program identified by the property owner, and acceptable to the city. (ft (g) The developer may voluntarily and in writing waive on behalf of the developer and subsequent purchasers the right to interest and or a refund in order to facilitate completion of an improvement. Under no condition shall such a waiver be required as a condition of approval. Such waiver shall be recorded with the county where the property is situated and shall be binding on subsequent owners. (3) The developer or applicant may choose to pay a fee in lieu of reservation of all or portions of open space areas required. If the applicant offers to pay money in lieu of open space and if the city accepts the offer, the amount shall be determined based upon the square footage of open space which otherwise would have been required to be provided times the then current market value per square foot of similarly situated property. (Ord. No. 90 -39, 1(22.60.10 22.60.30), 2- 27 -90. Code 2001 19 -46.) 1 Cross references: Parks and recreation, Chapter 4.05 FWRC; streets and sidewalks, FWRC Title 4, Division II; utilities, FWRC Title 11; water quality requirements and surface water, stormwater and other waterways, Chapter 16.45 FWRC; subdivisions, FWRC Title 18; public use easements, FWRC 19.05.330; building site requirements, FWRC 19.105.010; calculating lot coverage requirements in the district regulations, FWRC 19.110.020; land modification restrictions and requirements, Chapter 19.120 FWRC; restrictions regarding fences, FWRC 19.125.120 et seq.; site design requirements for environmentally sensitive areas, Chapter 19.155 FWRC. Page 2 of 2 November 4, 2009 7:00 p.m. Commissioners present: Hope Elder, Sarady Long, Lawson Bronson, Tom Medhurst, and Tim O'Neil. Commissioners absent: Merle Pfeifer (excused) and Wayne Carlson (excused). Staff present: Senior Planner Margaret Clark, Associate Planner Matt Herrera, Planning Manager Isaac Conlen, Assistant City Attorney Peter Beckwith, and Administrative Assistant Tina Piety. Vice -Chair Elder called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of October 7, 2009, were approved as written. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS CITY OF FEDERAL WAY PLANNING COMMISSION MEETING MINUTES EXHI�IT�_ PAGE _____OF City Hall Council Chambers PUBLIC HEARING Proposed Deferment of Open Space Fee-in -Lieu and Regional Stormwater Facility Fee Mr. Herrera delivered the staff presentation. Staff is recommending that time of collection of the city's mitigation fees for open space and stormwater facilities be codified (Federal Way Revised Code [FWRC] 19.100.060). In addition, the Commission is being asked to consider whether to defer collection of the mitigation fees, namely the Open Space Fee -in -Lieu and Regional Stormwater Facility Fee. These are not mandatory fees. The developer has a choice of providing open space or a stormwater detention facility (not all developments are required to provide open space and/or a detention facility) or paying the mitigation fees. Specifically, the Commission is asked to consider the following (staff recommends option #1 for both): Open Space Fee -in -Lieu 1. Retain the current policy with no change; 2. Defer the collection to Certificate of Occupancy; or 3. Defer to the point of sale Regional Stormwater Facility Fee 1. Retain the current policy with no change; 2. Defer the collection to Certificate of Occupancy; or 3. Defer to the point of sale Garrett Huffman, Master Builders Association He appreciates the work done by staff. He feels this is not the best time to consider this issue and he is not pushing to change. However, deferring payment to the point of sale would help developers obtain funding. He has no objection to option #1. K:\Planning Commission 2009\ Meeting Summary 11- 04- 09.doc Planning Commission Minutes Page 2 EXHIBIT PAGE_LOF November 4, 2009 Commissioner Medhurst commented that he agrees with retaining the current policy in regards to the stormwater facility because that is the point of impact, but he does not see a problem with deferring the open space to the point of sale. He suggested the city require that the entire fee be paid with the first occupancy. Mr. Herrera replied that it is likely the lots would be sold before a structure is built and deferring the fee and requiring the first occupancy pay the entire fee would means the entire fee would fall upon one purchaser. Commissioner Bronson commented that he does not see a problem with collecting the open space piecemeal. It would mean a smaller amount at one time, but the payments would come in over a longer period of time. Mr. Herrera responded that the fees may only be used within a single park planning area in which they are collected and they must be used within five years. It is unlikely that a small amount of money would be feasible. Commissioner Long asked if the amount of the fees would change over time. Mr. Herrera replied that he does not know for sure. It has not been legally tested if inflation can be added to mitigation fees. Mr. Huffman commented that the city could consider an administrative fee (of one to two percent) to handle the deferment. Commissioner Long was concerned that in the proposed amendments to 19.100.060(2)(b) to codify the policy of how fees are presently collected, it ends with, or as otherwise determined by the Public Works Director." He is concerned that the director could use this to defer the fee, which is opposite of the staff's recommendation. Ms. Clark commented that staff added that phrase because they cannot anticipate all possible scenarios. Commissioner Medhurst moved (and it was seconded) to recommend adoption of Option #1 (current policy) in regards to the open space fee -in -lieu, with the addition of the new language codifying how fees are collected. Commissioner Long moved (and it was seconded) to amend the motion by removing the phase, or as otherwise determined by the Public Works Director," from FWRC 19.100.060(2)(b). Commissioner O'Neil doesn't see a problem with the language. He feels it makes the regulation more flexible, which he likes. Commissioner Long commented that he feels that the language is inconsistent with the intent of the staff's recommendation. Vice -Chair Elder called for the vote on the amendment. It carried unanimously. Vice -Chair Elder called for the vote on the motion as amended. It carried unanimously. Commissioner Bronson moved (and it was seconded) to recommend adoption of Option #1 (current policy) in regards to the regional stormwater facility fee, with the addition of the new language codifying how fees are collected, but deleting the phrase, "...or as otherwise determined by the Public Works Director," from the proposed FWRC 19.100.060(2)(b). There was no discussion Vice -Chair Elder called for the vote on the motion and it carried unanimously. The public hearing was closed. ADDITIONAL BUSINESS Mr. Conlen stated that since two Commissioners are unable to attend tonight's meeting, staff decided it would be best to defer the election of officers until the next meeting. A meeting could be held just for the election if there is no other business in December. AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 7:50 p.m. K: \Planning Commission\ 2069\ Meeting Summary 11- 04- 09.doc Ordinance No.09- ORDINANCE NO. EXHIBIT AN ORDINANCE of the City Qf Federal Way, Washington, relating to the timing of open space fee -in -lieu and regional stormwater payments to the city: amending FWRC 19.100.060 (Amending Ordinance No. Ord. No. 90 -39) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC; and WHEREAS, the existing methods of mitigation ordinance does not address the current administrative policy for the timing of open space fee -in -lieu and regional stormwater fee payments within the City of Federal Way; and WHEREAS, it is in the public interest for the City Council to adopt new amendments for the FWRC which establishes development regulations for the timing of open space fee -in -lieu and regional stormwater fee payments within the City of Federal Way; and WHEREAS, an Environmental Threshold Determination was not necessary as the policy is related solely to governmental procedures, therefore categorically exempt from the State Environmental Policy Act; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on November 4, 2009, and forwarded a recommendation of approval to codify the existing practice to the City Council; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on November 16, 2009, and recommended adoption of the text amendments as recommended by the Planning Commission; Page 1 of 4 Rev 7/09 LU EXHl�314�_ PAGE Z NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by providing assurance the city receives mitigation payments for open space fee -in- lieu and regional stormwater facility fees. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: CFP1 Provide needed public facilities and services to implement the Federal Way Comprehensive Plan. CFP6 Protect investments in existing facilities through an appropriate level of maintenance and operation funding. Ordinance No.09- CFP13 Provide the capital facilities needed to serve the future growth anticipated by the Federal Way Comprehensive Plan. Page 2 of 4 Rev 7/09 LU (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare as the current point of collection policy ensures payment, protects level of service and provides consistency. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way as the current policy assures payment of regional stormwater fees at the point of impact and assurance that open space fee -in -lieu is paid. Section 3. FWRC 19.100.060(2) is hereby amended to read as follows: In lieu of dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, the city may approve a voluntary payment agreement, if deemed necessary, with the developer, provided no such agreement shall be required as a condition of approval, and shall be subject to the following provisions: Section 4. Chapter 19.100 of the FWRC is hereby amended to add a new section 19.100.060(b) to read as follows: Unless otherwise stipulated in the FWRC, open space fee -in -lieu payment shall be made prior to plat recording for land division and stormwater management fees shall be made at engineering approval for plats and building permit issuance for all other development. Section 5._Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 6._Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No.09- EXHIBIT 4 PAGE_S_0E-4- Page 3 of 4 Rev 7/09 LU EXH IT PACE C Section 8. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 2009. ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\2009 Code Amendments \lmpact Fee Point of Collection \LUTC\ Use This Fee Payment haft Ordinance.doc Ordinance No.09- CITY OF FEDERAL WAY MAYOR, JACK DOVEY Page 4 of 4 Rev 7/09 LU COUNCIL MEETING DATE: December 1, 2009 SUBJECT: Code Amendment Relating to Size of Health Clubs in the Neighborhood Business (BN) Zone and Status Update 2009 Planning Commission and Long Range Planning Work Program POLICY QUESTION: (1) Should the 2009 Planning Commission Work Program be amended to add a code amendment to increase the size of health clubs in the Neighborhood Business (BN) zone? (2) If the Planning Commission Work Program is so amended, how should the amendment be prioritized relative to the remaining items on the Work Program? COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: November 16, 2009 CATEGORY: Consent City Council Business STAFF REPORT BY: Senior Planner Margaret Clark Exhibit: 1) November 9, 2009, LUTC staff report with Exhibit A Background: This is an update to the LUTC and the City Council on the progress of the 2009 Planning Commission Work Program in order for the LUTC and City Council to determine if the Work Program should be amended by adding an additional code amendment and, if so, direct staff as to its priority relative to remaining items on the Work Program. Options Considered: 1) Recommend the City Council amend the 2009 Planning Commission Work Program to add a code amendment to increase the size of health clubs in the Neighborhood Business (BN) zone and that it is the next highest priority relative to remaining items on the Work Program; 2) Recommend to not amend the 2009 Planning Commission Work Program. STAFF RECOMMENDATION: Staff recommends that a code amendment to increase the size of health clubs in the Neighborhood Business (BN) zone be added to the 2009 Planning Commission Work Program and that it is the next highest priority relative to remaining items on the Work Program. CITY MANAGER APPROVAL: Linda Kochmar, Chair COMMITTEE RECOMMENDATION: Forward Option #1 to the December 1, 2009, City Council Consent Agenda. PROPOSED COUNCIL MOTION(S): `I move to approve the LUTC recommendation." COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION MOVED TO SECOND READING (ordinances only) REVISED 02/06/2006 L\2009 Planning Commission Work ProgramU.UTC\111609 Agenda Bill (3).DOC CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL Ordinance Resolution Committee Council Dini Duclos, Member ITEM Public Hearing Other (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) DEPT: Community Development Services (,/Jt#) 4 0 41 9 DIRECTOR APPROVAL: Committee Council COUNCIL BILL 1 reading Enactment reading ORDINANCE RESOLUTION Jim Ferrell, Member OF Fe deral Way B. BACKGROUND CITY COUNCIL COMMI1 "1 STAFF REPORT DATE: November 9, 2009 TO: Land Use/Transportation Committee VIA: Brian Wilson, Interim City Manag FROM: Greg Fewins, Director of Communi velopment SenAV MEETING DATE: November 16, 2009 A. POLICY QUESTION UTC) /��PAh Margaret H. Clark, AICP, Senior Planner SUBJECT: Code Amendment Relating to Size of Health Clubs in the Neighborhood Business Zone and Status Update 2009 Planning Commission and Long Range Planning Work Program 1. Should the 2009 Planning Commission Work Program be amended to add a code amendment to increase the size of health clubs in the Neighborhood Business (BN) zone? 2. If the Planning Commission Work Program is so amended, how should the amendment be prioritized relative to the remaining items on the Work Program? The purpose of this section is to update the LUTC and the City Council on the progress of the 2009 Planning Commission Work Program in order for the LUTC and City Council to determine if the Work Program should be amended by adding an additional code amendment and, if so, direct staff as to its priority relative to remaining items on the Work Program. On March 17, 2009, the City Council adopted the Planning Commission Work Program as shown in Table I. The status of each item is shown in italics next to the work item. Assumptions for the Work Program were that work items shown in Columns 1 and 2 and in the first four rows (shaded) could be accomplished by existing planning staff. Completion of the remainder of the items in the first two columns would be based on staff resources. Items in Column 3 could be done only with consulting help. There was no consulting money available for 2009. Land Use/Transportation Committee (LUTC) Staff Report Code Amendment Relating to Size of Health Clubs in the Neighborhood Business Zone and Status Update 2009 Planning Commission and Long Range Planning Work Program Meeting Date November 16, 2009 Page 1 Based on 2.0 Long Range FTE'S Based on Assistance From Current Planning Based on Consulting Assistance No Budget for Consultants Con fete the 2t Comprehensive Plan Update (Required) Completed Amend exppiration time :limits for approved plats and land use applications and clarification o vesting Completed Increase the maximum allowable height in commercial zones Complete the 2009 Comprehensive Plan Update (Required) Work will start in December 2009; these requests are proposed to be combined with those received in September2009 Explore options related to moving the point of collection of all city- administered impact fees to a date closer to the end of the development and building process LUTC On November 16, 2009, LUTC Agenda Allow off -site signs, portable signs, banners, kiosks (Includes Phase 2 Portable Signs) Complete the Shoreline Master Program Update (Required) State Deadline: 12/01/2009 Grant Deadline: 03/31 /2010 Draft to be forwarded to Department of Ecology in November 2009 Increase the SEPA flexible thresholds for gross floor area and parking Completed Consider incentives for Sustainable Development Projects such as: Reduced parking requirements Flexible road standards Increased heights and floor area ratios Increased density Reduced building setbacks Long range staff has completed the 2008 comprehensive plan and all reporting items and is in the process of working on the Shoreline Master Program Update. Work on the 2009 comprehensive plan amendments is proposed to be combined with the 2010 amendments and will start in December 2009. Work on the major 2011 update will occur simultaneously as the combined 2009 /2010 amendments and has to be completed by December 1, 2011. The City is eligible for a $43,650 grant from the Department of Commerce to assist in completion of the 2011 update. Staff will be requesting direction from the LUTC and City Council as to whether we should apply for this grant. A condition of receiving the grant would be completion of the major update by June 30, 2011, six months prior to the regular deadline of December 1, 2011. Two of the four items in Column 2, specifically Amending the Expiration Time Limits for Plats and Land Use Applications and Clarification of Vesting and Increasing the SEPA Flexible Thresholds, have been completed. The other two amendments, Moving the Point of Collection of Mitigation /Impact Fees to a Later Date in the Development Process and Personal Wireless Service Facilities Amendments are on track to be completed by the end of the year. The remaining four amendments in this column may have to be carried over to next year's work program. Table I Land Use/Transportation Committee (LUTC) Staff Report Code Amendment Relating to Size of Health Clubs in the Neighborhood Business Zone and Status Update 2009 Planning Commission and Long Range Planning Work Program Meeting Date November 16, 2009 Page 2 Based on 2.0 Long Range FTE'S Based on Assistance From Current Planning Based on Consulting Assistance No Budget for Consultants Monitoring and Reporting (Required)' Completed Amend FWCC Chapter 22, Article X III, Division 1 related to revising the process for permitting cell towers and wireless facilities and their development standards Second Reading of Adoption Ordinance on November 17, 2009 Prepare a subarea plan for 272n Transit Oriented Development (TOD) Area Open Space and Park Dedication Amendments Related to Parks Impact Fee Not started Amend FWCC Chapter 20, "Subdivisions," to simplify the submittal requirements for plats Not started Low Impact Development (LID) Not started Clarify how the size of an accessory dwelling unit (ADU) is calculated Not started Start the 2011 Comprehensive Plan Update (Not required but recommended to be started this year) To be started in December 2009. Amend FWCC Chapter 22, Article IV, "Nonconformance," and Article XVI, "Improvements," pertaining to who is authorized to conduct an appraisal of property Not started Amend the maximum lot coverage for single family development Propose to combine with LID Code Amendments Office of Financial Management Yearly Population Estimate Report; King County Benchmark and Annual Growth Information Report; and Track and Inventory Buildable Lands Land Use/Transportation Committee (LUTC) Staff Report Code Amendment Relating to Size of Health Clubs in the Neighborhood Business Zone and Status Update 2009 Planning Commission and Long Range Planning Work Program Meeting Date November 16, 2009 Page 3 Table II shows other long range work that has been completed this year or will be completed by the end of this year by planning staff. The shaded areas depict the amount of time spent or that will be spent on each work item Long Range Work Completed in 2009 Review 2009 PSRC Re ort Pre are 2009 OFM Re I ort Prepare Clearing and Grading Handouts 2007/2008 Comprehensive Plan Update Buildable Lands Re ort 2006 -2008 Participate in Target Allocation Process Assist with King County Storm Water Manual/NPDES Review 2009 Lakehaven Wastewater S stem Plan Review 2007 Residential Buildable Lands Code Amendment Extension of Approval for Plats and Permits and Vestin Amendin i the SEPA Thresholds Amend PWSF R ulations Code Amendment Moving the oint of Collection of Im act Fees Jan Feb Mar Jun Jul Oct Nov Dec Land Use/Transportation Committee (LUTC) Staff Report Code Amendment Relating to Size of Health Clubs in the Neighborhood Business Zone and Status Update 2009 Planning Commission and Long Range Planning Work Program Table II Meeting Date November 16, 2009 Page 4 Area Location Acreage 1 21s Ave SW and SW Campus Dr /SW 336 St 45.57 2 S 288 St and Military Rd S 19.47 3 21s Ave SW and SW 356 St 17.12 4 SW Dash Point Rd and SW 312 St/21 Way SW 8.28 5 SW 340 St and Hoyt Rd SW 6.94 6 SW 312 St and 1s Ave S 4.48 7 SW 312 St and 8 3.12 8 1s Ave S and SW 330 St 2.22 9 SW 320 St at SW 323 St 2.15 C. POTENTIAL CODE AMENDMENT RELATING TO SIZE OF HEALTH CLUBS IN THE NEIGHBORHOOD BUSINESS (BN) ZONE Federal Way Revised Code (FWRC) 19.215.020 allows health clubs in a Neighborhood Business (BN) zoning district; however, the maximum gross floor area may not exceed 25,000 square feet. This zone also restricts the gross floor area of restaurants to 7,000 square feet; fast food restaurants to 5,000 square feet; private clubs or lodges to 10,000 square feet; retail establishment providing entertainment, recreational, or cultural services or activities to 25,000 square feet; and other retail to 40,000 square feet. Self service storage facilities are also restricted to 40,000 gross square feet per building. Health clubs were not permitted in the BN zone until November 2001, when the City issued a zoning code interpretation pursuant to Federal Way City Code (FWCC) Chapter 22, Article IV.A, permitting health clubs provided that the gross floor area of the business did not exceed 7,500 square feet. This size threshold would allow smaller fitness centers, like a "Curves facility," which can locate in as little as a 1,000 square foot area, but would exclude larger facilities like the Federal Way Bally fitness center, which is 53,000 square feet. Bally's is located at First Avenue and South 328 Street in an Office Park (OP) zone. The intent of the 7,500 square feet size limitation was to insure that health clubs developed within a BN -zoned area would maintain a neighborhood scale and not attract traffic from a broader area. Larger facilities are currently permitted in the City Center Core (CC -C), City Center Frame (CC -F), Community Business (BC) zones, and Commercial Enterprise (CE) zones, which have no size restrictions. In 2002, the City adopted regulations permitting health clubs up to 25,000 gross floor area in the BN zone. There has been a recent permit application to permit a health club in the old Albertson's building at 33620 21s Avenue Southwest. This building is 43,061 square feet in size. There are currently 14 areas designated BN in the City of Federal Way. The following Table III is a list of the 14 BN zoned areas in Federal Way by location and acreage. The areas are shown by number on Exhibit A (attached). Table III Land Use/Transportation Committee (LUTC) Staff Report Code Amendment Relating to Size of Health Clubs in the Neighborhood Business Zone and Status Update 2009 Planning Commission and Long Range Planning Work Program Meeting Date November 16, 2009 Page 5 Area Location Acreage 10 1 s Ave S and S 348 St/SW Campus Dr 1.72 11 SW 320 St and 47 Ave SW 1.44 12 1 Way S and S 338 St 0.98 13 S 320 St/Peasley Canyon Rd and Military Rd 0.88 14 S Dash Point Rd west of Redondo Way S 0.23 Total 114.60 The 14 areas designated BN occupy approximately 115 acres. The size of these neighborhood business centers ranges from approximately 46 acres (Area 1) to approximately one quarter acre (Area 14). D. STAFF RECOMMENDATION Staff recommends that a code amendment to increase the size of health clubs in the Neighborhood Business (BN) zone be added to the 2009 Planning Commission Work Program and that it is the next highest priority relative to remaining items on the Work Program. E. COMMITTEE OPTIONS The LUTC may choose from the following options: 1. Recommend the City Council amend the 2009 Planning Commission Work Program to add a code amendment to increase the size of health clubs in the Neighborhood Business (BN) zone and that it is the next highest priority relative to remaining items on the Work Program 2. Recommend to not amend the 2009 Planning Commission Work Program. F. COMMITTEE RECOMMENDATION Forward the LUTC recommendation to the December 1, 2009, City Council Consent Agenda. APPROVAL OF COMMIT T`EE REPORT: Linda Kochmar, Chair Exhibit A Areas with Neighborhood Business (BN) Zoning I:\2009 Planning Commission Work Program \LUTC\Status Update to the LUTC.doc Dini Duclos, Member Jim Ferrell, Member Land Use/Transportation Committee (LUTC) Staff Report Meeting Date November 16, 2009 Code Amendment Relating to Size of Health Clubs in the Neighborhood Business Zone and Status Update 2009 Planning Commission and Long Range Planning Work Program Page 6 Exhibit A City of Federal Way Areas with BN Zoning BN Zoned Areas 21st Ave. SW& SW Campus dire S 288th St 6 Mary Rd S 21st Abe SW &SW356MhSt SW Dash point W 8 S312thSt /21stWayS 0 0 SW3401)St6Fs$ Road SW O SW312thStd ist Ave S O SW 312th Std 8th Ave SW 0 0 0 0 0 1st Ave S d SW3300tSt SW320thStd SW323niSt 1st Are S 8 S 348th St /SW Campus Drive SW 320th St 647th Ave SW 1st Way S 6 S 338th St S 320M) St 8 *May Rd S Cashpoint Road West of Rsdorxb Way S atr er Federal Way 0 0.5 1 Mess Map Date: February 22nd, 2006 City of Federal Way P.O.Box 9718 33325 8th Ave. S. Federal 111ty, WA. 98063 253 835 7000 www.cityyoflederalway.com COUNCIL MEETING DATE: December 1, 2009 SUBJECT: 2011 Growth Management Act (GMA) Periodic Update Grant POLICY QUESTION: Should the City apply for a grant in the amount of $43,650 from the State Department of Commerce to assist in completing the mandated 2011 Major Update to the Comprehensive Plan and Development Regulations? COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: November 16, 2009 CATEGORY: Consent City Council Business STAFF REPORT BY: Senior Planner Margaret Clark DEPT: Community Development Services Background: Pursuant to RCW 36.70A.130(4)(a), Comprehensive plans Review procedures and schedules Amendments, the City of Federal Way along with King County and its cities must take action every seven years to review and, if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the GMA. The deadline for this major update is December 1, 2011. The City is eligible for a $43,650 grant from the Department of Commerce to assist in completion of this update. A condition of receiving the grant would be completion of the update by June 30, 2011, six months prior to the regular deadline of December 1, 2011. It is anticipated that, Community Development Services, Public Works, Parks, and the City Manager's Office will be participating in this event. Staff will also be working with outside agencies, such as the School District, Fire Department, Lakehaven Utility District, and private utility companies such as Puget Sound Energy (PSE), Comcast, and Personal Wireless Service Providers. Options Considered: 1) Recommendation to the City Council to direct staff to apply for the grant; 2) Recommendation to the City Council to direct staff not to apply for the grant. STAFF RECOMMENDATION: Staff recommends the Council approve Option #1; that staff applies for the grant. CITY MANAGER APPROVAL: 3 .1,4/Ju /00 /auci COMMITTEE RECOMMENDATION: Forward Option #1 to the December 1, 2009, City Council Consent Agenda. Linda Kochmar, Chair Ordinance Resolution COUNCIL ACTION: APPROVED DENIED O TABLED/DEFERRED /NO ACTION MOVED TO SECOND READING (ordinances only) REVISED 02/06/2006 K: \Comprehensive Plan\2011 Major Update \111609 Agenda Bill (2) (2).DOC Committee Council Dini Duclos, Member ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL Public Hearing Other DIRECTOR APPROVAL: PROPOSED COUNCIL MOTION(S): "I move to approve the LUTC recommendation." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) 6 1, t e Committee Jim Ferrell, Member Council COUNCIL BILL 1 reading Enactment reading ORDINANCE RESOLUTION COUNCIL MEETING DATE: N/A SUBJECT: 2009 CODE COMPLIANCE PROGRAM UPDATE POLICY QUESTION: N/A COMMITTEE: LAND USE AND TRANSPORTATION COMMII'1'EE CATEGORY: Consent City Council Business STAFF REPORT BY: DEPT: Background: At the direction of Interim City Manager Wilson, the Department of Community Development Services will present an update of the 2009 code compliance program In addition to general update, the department will provide current results of the citation program. Attachments: None. Options Considered: N/A STAFF RECOMMENDATION: N/A CITY MANAGER APPROVAL: 4 ta,b4,/ 40 /.s/4 DIRECTOR APPROVAL: Committee Council COMMITTEE RECOMMENDATION: N/A Linda Kochmar, Chair PROPOSED COUNCIL MOTION: N/A COUNCIL ACTION: o APPROVED DENIED TABLED /DEFERRED /NO ACTION MOVED TO SECOND READING (ordinances only) REVISED 02/06/2006 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL Ordinance Public Hearing Resolution X Other Information Jim Ferrell, Member (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL BILL 1 reading Enactment reading ORDINANCE RESOLUTION MEETING DATE: 11/16/09 N1A Committee Council Dini Duclos, Member