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LUTC PKT 02-01-2010City of Federal Way City Council Land Use/Transportation Committee February 1, 2010 City Hall 5:30 .m. Council Chambers MEETING AGENDA (City Webpage) 1. CALL TO ORDER 2. PUBLIC GOMMENT (3 minutes) 3. COMMITT'EE BUSINESS Topic Title/Description A. Approval of Minutes: January 4, 2010 B. Proposed Deferment of Open Space Fee-in-lieu and Regional Stormwater Facility Fee C. Amendment to the FWRC to Expand the Size of Health Clubs in the BN Zone D. NPDES Requirements: SWMP and Annual Report E. 2009 Easter Lake Flood Control Project — Project Acceptance and Retainage Release F. Ordinance for the Relinquishment of a Portion of S 320"' St to the State of Washington G. S 348�' St at 1� Ave S— �UD Design Construction Interlocal Agreement H. S 348"' St at 1� Ave S— PSE Gas Letter of Understanding Presenter LeMaster Herrera Action Page or Info 2 Action 4 Action Lee 51 Action Appleton 83 Action Appleton 132 Action Mulkey 134 Action Mulkey 144 Acaon Mulkey 153 Action Council Date Time N/A 5 min. Ordinance 1� Reading 10 min. 2/16/2010 Ordinance i� Reading 5 min. 2/16/2010 Consent 10 min. 2/16/2010 Consent 5 min. 2/16/2010 Ordinance i� Reading 5 min. 2/16/2010 Consent 5 min. 2/16/2010 Consent 5 min. 2/16/2010 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The 2/15/10 LUTC falls on a holiday and will be rescheduled for Monday, February 22, 2010, if needed. The next regularly scheduled meeting will be Monday, March 1, 2010. 6. ADJOURN Committee Members City StafF Dini Duclas, Chair Cary M. Roe, P.E., Director ofParks, Pub/ic Works and Emergency Management Jim Ferre/l, Member Darlene LeMaster, AdmlMstradve Assistant II Jack Dovey, Member 253-835-2701 G. �L[/7C'�LUTCAgenaas and Summades 20101z-�I-10 LUTCAgena�a.doc City of Federal Way City Council Land Use/Transportation Committee January 4, 2010 City Hall 5:30 PM City Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Linda Kochmar and Committee Members Jim Ferrell and Dini Duclos present. Staff Members in Attendance: Director of Parks, Public Works and Emergency Management Cary Roe, Deputy Public Works Director Marwan Salloum, Deputy Public Works Director Ken Miller, Assistant City Attorney Peter Beckwith, Surface Water Manager Will Appleton, City Traffic Engineer Rick Perez, Street Systems Project Engineer John Mulkey, Street Systems Engineer Jeff Huynh and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the meeting to order at 530 PM. 2. PUBLIC COMMENT There was no public comment: 3. BUSINESS ITEMS Forward Topic Title/Descriprion to Conncil A. Approval of the December 7, 2009, LUTC Minutes N/A B. Committee approved December 7, 2009 LUTC minutes as presented. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project 50% Design Status Report; Interlocal Agreement with Lakehaven Utility District Will Appleton presented information on this item. There was no public comment. There was a brief review of what tasks the City will be responsible for on this project. Committee forwarded Option #1 as presented. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 1/19/2010 Consent C. S 348� Street at 1'' Avenue S Intersection Improvement Project —100% Design Status 1/19/2010 Report Consent John Mulkey presented information on this item. There was no public comment. Mr. Mulkey explained where the funding for the Urban Vitality Grant came from. Committee Member Ferrell inquired as to how well this intersection is currently functioning. Mr. Mulkey responded that the subject intersection is currently funcrioning at an"E" leveT of service. The "level of service" is a grading system where "A" is outstanding/exceeding expectations and "F" is failing. With improvements, the intersection is projected to improve to a"C" rating. The intersection is at it busiest during the evening peak hours. Mr. Mulkey also noted that all property needed for this project has already been acquired. Committee forwarded Option #1 as presented. Moved: Duclos Seconded: Ferrell� Passed: Unanimously, 3-0 Land Use/Transportation Committee Page 2 January 4, 2010 D. E. F. Acceptance of Grant Funding for Transportation Improvement Projects John Mulkey 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 2010 Asphalt Overlay Program Revised Preliminary Project List and Authorization to Bid Marwan Salloum presented information on this item. T'here was no public comment. Committee Member Ferrell inquired on the conditions of the asphalt of the added Schedules G and H. Mr. Salloum answered that Schedule G is in worse condition than Schedule H. Schedules will be constructed within the available budget, based on which schedule is in the geatest need of repair. For future asphalt overlay grojects, the project's schedules will be listed in alphabetical order based on need and will be presented to the committee and Council in the same order as well. Committee forwarded Option #1 as presented. Moved: Ferrell Seconded: Duclos 21 Avenue SW — Speed Study Results Rick Perez presented information on this item. Mr. Perez also added information from the police speed study, which had not been available prior to the agenda packet being distributed. The police speed study supported staff fmdings. Committee Member Duclos requested the presentation be made at the January 19, 2010 City Council meeting as an information only item. The committee also recommended notifying the resident, who continues to plead for a four way stop at the subject location, in writing as well. No motion was necessary. The item was for information only. 4. OTHER There was no further discussion or additional topics addressed. 1/19/2010 Consent 1/19/2010 Consent N/A 5. FUTURE MEETING Due to the upcoming holiday, the January 18,2010 LUTC will be cancelled. The next regulaz LUTC meeting will be Monday, February 1, 2010 at 5:30 PM in City Council Chambers. 6. ADJOURN The meeting adjourned at 6:10 PM. Attest: COMNIITTEE APPROVAL: Linda Kochmar, Chair Jim Ferrell, Member Passed: Unanimously, 3-0 Darlene LeMaster, Administrative Assistant Il Dini Duclos, Member G:U.UTC�I,tTCC Agendas and Summaries 2010U-04-10 Mieutes.dce 3 COUNCIL MEETING DATE: February 16, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGE BILL SUBJECT: Amendments 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. POLICY QUESTION: Should the City adopt a policy to defer the payments of open space fee-in-lieu and regional storxnwater 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? COMNIITTEE Land Use/Transportation Committee (LUTC) CATEGORY: ❑ Consent � Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Matthew Herrera, Associate Planner MEETING DATE February 1 , 2009 ❑ Public Hearing ❑ Other DEr'r: Community Development Services Ezhibits: E�chibit I- November 16, 2009 LUTC Meeting Packet (abbreviated); Exhibit II - December 7, 2009 LUTC Meeting Packet (abbreviated); E�►ibit III — November 16 and December 7, 2009 LUTC Minutes; Exhibit N- January 6, 2010 Planning Commission Staff Report & Hearing Minutes. Background: The proposed policy issue is part of the 2009 Planning Commissian Work Program. T'he Planning Commission held a public hearing on October 7, 2009, at which time staff presented the following three options for timing of collection of open space fee- in-lieu and regional stormwater fees: (1) Maintain the current collection policy of prior to plat recording for open space fee-in-lieu and engineering approval for regional stormwater facility fees; or (2) Defer one or both fees to Certificate of Occupartcy; or (3) Defer one or both fees to point of sale. The Planning Commission recommended 5-0 to adopt Oprion #1 (Exhibit 2 of Exhibit I). The LUTC held two public meetings on November 16, 2009, and December 7, 2009, to discuss the proposed amendment. During the November 16th meeting, the committee heard public testimony from Sam Pace of the Associarion of King County Realtors supporting the deferment of the regional stormwater facility fee. The comxnittee requested written comments from Mr. Pace and Garrett Huffman of the Master Builders Association to be presented at the following LUTC meeting. Staff presented the written comments (Exhibits 2 and 3 of Exhibit II) to LUTC for the December 7th meeting and heard additional verbal testimony from Mr. Pace. The committee referred the item back to Planning Commission for further proceedings. The Planning Comxnission held a second public hearing on the amendment on January 6, 2010, and considered the written comments from Mr. Pace and Mr. Huffman. T'he Planning Cominission recommended 7-0 to adopt Oprion #1 (Exhibit 2 of Exhibit n. Options Considered: 1) Adopt the Planning Commission's recommendation as contained in the Draft Adoprion Ordinance (Exhibit 4 of Exhibit I�; 2� Adopt the Planninp Commission's recommendation, as b�the LUTC_or 3� Do not adoQt the �ro o� sed �oh•cy PLANNING COMMISSION RECOMMENDATION Adoprion of Option #1. STAFF RECOMMENDATION Staff recommends the Council adopt Oprion #1, adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance CITY MANAGER APPROVAL: 'ti/ I4^ /'a)"J� (9 DIRECTOR APPROVAL: �Y� Conunittee Council Committee Council COMMTI°TEE RECOMMENDATION Forward Option #1; adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance to the full Council on February 16, 2010, for first reading Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (2/16/1 O): " I move to forward the ordinance to a seconrl reading for enactment on the March 2 2010, consent agenda. " 2 READIPIG OF ORDINANCE (3/2/I O) "I move approval of the L UTC's recommendation to approve the code amendments, which are contaaned in the Adopti O " Coiztinued on�'ollowing page: File I109-101018-00-UP Doc ID 51656 (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 5 COUNCIL BILL # 1 reading Enactment reading ORDINANCE # RESOLUTION # Fik #09-101015-00-UP � Doc ID 51656 EXHIBIT I NOVEMBER 16, 2009, LUTC MEETING PACKET ABBREVIA.TED) CITY OF FEDERAL WAY CITY COU�iCQ. AGEYDA BQ.L S[18JECT: Addition of eode language to Federat Way Revised Cude (FWRC� Title l9, "Zoning and Devetopmeat Code," related to the timing of collection of open space fee-in-tieu and regional stormwater facility fee payments. POLfCY QiJESTION: Should the City adopt a policy to defer the payments of open space fee-in lieu and regioaa! stormwater faciiity fees to a time a later in the developc�ent process, or shouid tfve city �intain iLs current poticy of cotlecrioa of open space fee- i�lieu prior to plat recording and collection of regional stormwater fees prior to engineering approvat? Further, should the City add tanguage to FWRC Chapter 19_ L00, "Mitigation of Deve(opment Impacls" to codify the existing poticy, if rhis optioa is chosen? COMi�IITr�E: Land UselTransportatioa Committee (LUTC) CATBCORY: ❑ Caa4ent � Ordinaace ❑ City Council Business ❑ Resolution Sre�FF RE�o�tT BY: Matthew EIerrera, Associate Pianner MEET4�tG DaTE: Novecnber 16, 2009 ❑ Public Hearing ❑ Other DEr'r: Coannunity Develop�nt Services Ea6ibits: 1} Planning Commission staffrepoct far the November 4, 2009 public hearing widi Extubits A-C; 2) Modification of amendments based on Planning Commission's recommendation showa as �le�Ce-e�� 3) Minutes of the November 4, 2W9, Planning Com�ssion pubic hearing, and 4) Draft adoption ordinance. Baekgrouad: Tl�e City preseatly collects open space fee-in-tieu prior to plat recording and regional stotmvvater facility fees pcior to engineecing approvat based on policy radier than code. The.prdposed policy change to defer the payments of open space fee-in li� and regionat sbocmwater facility fe� to a time later in the deve[opment process is part oE the 20Q4 Planning Comenission Work Program a�ud was initiated by die Master Builders' Association as part of their Stitnulus Pactcage. The fotlowing poticy altematives: (1) Maintain die current policy of collection prior to plat recocding for open space fee-in-tieu and prior to engineering approval for regional stormwater facility fees sud add language to FWRC Chapter l9_ 100, "Mitigation of Development Iaepacts; ' or (2) Defer one or both fees to Certific�te of Occu�a�cy; or (3) Defer one or both fees to point oEsale were present�d to Ptanning ComcnissiQn at a pu6lic hearing on November 5, 2009_ One public comment was received by a representative &om die Master Builders' statinD that they ncs loager wished to pursne a change at this point in ricne. The Ptanning Comni�ion recommeaded 5-0 to adopt a modified version of Altemative #t (ExWbit 2). Optians Coasidered: 1) Adopt the Plannin' Commission's recauunendati.on as coatained in the Draft Adoption Ordinance; 2) Adopt the Plauning Commission's recommendation as modified by the LUTC. or 3) Do not adopt the pm o�sed_poticy. P[.ANPiING COMMLSSION RECOd�4rt&YDAT[OV Adoption of Option #I as modified by the Ptanniag Commissioa STAF�' RECOM!►��vna'rtort: Staff recomc�nds the Couticil adopr Option #1, adopt the Plaaning Commissioa's racommendation as contained in the Draft AdAptian Ordinance { .. ; ��l ' Cfl'1C MANAGEB APPROVAL: � t i DIILECfOR APPROVAL: ° r ,_f.i � �'�Fi+� ' CQIpIYl1tC6C COUIICII COII7[171f:CeC COIIOCI� COM6�QTTBE RECOMMENDAT[ON Forward Option # l; adopt the Ptanning Commission's recommecedation as conrained in the D�aft Adoptioa Ordinance to the full Councit on December 1, 2009, for first reading Linda Kochmar, Chair Dini Duclos, Member Jim Fecrell, Member PtioeOSED COUNCII. M01'[OM(S): i READING OF ORDUYAt+tCE (12/0 UA9): "! move to forward the ordinance to a se�cond reading for enactment nn the December t.i, 2009, co�rsent agenda. " 2'�RE�wtA(GOF' OttuINn�tCE(12/15/09): "lmove approva! oftfieLtlTiC'sreconenrendatia� to approvethe code amencGnents, which are contained in tlte Adoption Ordinance " ' (SELOW 7'Y) 6ECOMlLETED SYCITYCLEtt�'SOFFIC� COUNCQ. ACT[ON: ❑ APBRAVBD � DF.M�D � TABLEDIDEFERRED/NO ACTtOY � MOVED TO SECOND READtYG (orrli►iances on[y) REVLSED - 02/06/�106 COUNCIL BILL # 1� �eadiag Baattment readiag ORD[NANCE # RESOLUTION # r csr� os •`��°�- �� R�� --- �� _�' �-�-- ST��`F REpORT TO T�E PLAiv'NI�iG CUMytISStON Public Hearing — �fovember 4, �009 PoEicy (ssue — Qeferment of Qpe� Space Fee-�-Lie�t and [�egianaf Stor��ater Facilitp �ee 4�� No. a4-�ote�g-eu�,t��►� [. a�E�� Ew 'Cfte proposed devetc�p�ent regulatian is wiih regacd eo Iiming of open space fee-in-iieu and regionat stor�water payuuents to the city. The Federa[ i�'ay Revtred` Code (FWRC} d,oes na�t currently prescrbe the tecning o€ su.ctt paymenis_ As aa ac�ministrativ�e palicy, tlie city eotiects open a tee-in lieu' prioc to recording a residec�tia[ subdivision cvifh tlie King County Division of Reeonds and Elections, and coliects regiona.E � facitity fees' prior to e�ineering aFPco�aL Staffreeocranends thi,s policy beeome codified within the EWRC. T'his de�€ek�a�ent regu[ati.on a.mec�dmecit was initeated by tfte i1�[aster Build�s �ssoeeation (�+iB:{) of [Cin� auid Snohomish Counties as �azt af the association's• loca! `economic stimutus p[an' dicected tow severa.[ tac-aL je�isdictioc�. Ueferring the eolteetion af in�pact tees to a da.te cloo�er ta ehe actuat icnpact i, one of s�ve€a! itecns th� t�fBrl suggested the eiry actd to its ?DU9 Lon� Range 6f'ork Prograrn. EE is the N[BA's pwition dmt deF�cring tt� eoll�ction of impa,ct f� to a date c[oser to the a.ctuai iittpact woeild ceduce ��c�r�ying costs" o� the de�elopc�nt. Ca�rying cost�. such as ir�act fees, i�ccease the a�ount d.evetopers must fic�a.nce and accw�uiat�! interest associated cvith such cost� increase the eost, of Fhe overaEt deve[opment Ncmvi�,�tndin� the reeently adaptect Trat�Ctc [�rraet Fee, che ci.ty does not ualize impact fees, but iasread can accept a fee-in-tieu for open spa.cz and directing swcmwatec cun-ot�.tro�n devzloped sites inta ac� oPth� city's rzgiona.t faci�ities. �`t►e fee-in-lieu optioa is fa�r de.welc�er•s that choose not te pcovide on,ite open space for resid�entiai subcli�io�r; oc stoiimvate�r clateRtion facilicies ir. a.reas E��ithi� Et� citc's r�gionai stocmcvat�c facelity E�sias. Fees Caosidered foc Deferment " Eity stat� �mst itte�ti�e� f�e fottowiug fe� assoeiated cvif� uew develc�pment fcu. pxbs►ble defera�enr. tra�ftc, school, open space, and regiona� stormwa� fa.cility. Etowe�cee, si�e the Gi� Counci� �s re�ent{y ac�ited a�'raf�ie Ic�aet Fee aad defecreci Fayment ta �h� proper�'s Poent of sate �or su�e famity devetop�ct aud buitding permit for att other dev�Eopmcnt as part of �e new ordi�ra.me� sr�f� na ionger pmpa�es to addr�ss t6is �ee. Although cotlecte,d by the ciEy via an inter-loea! agreemeRt, schoo! im�act fee potieies are set by th� Federat Wa.y Pubtic S�ha�t Distric� there,�ore, s[aff propases noe to address this fee; t�eus ieavin� the npen spacz and cegional stiormwater �ee-in-lieu options as possible candidates for defercn�c�t. ` Re�dentiat sabctivi3ious a�e cequired to provide opeu spaoe in the amnun! of t5 peroeot oFt6e g�ss �ad arcaali the avbdi�sion site; however, a� � disaetictn af tf�e Park� U+rector, they maY �Y a fee-ia-lieu ia tl� au�uunt of !S peccent ot tf� pre-devulad ass�ssed tanci val� Ecr �fq'uPen �'P� �iuiremen�. '' Regioaal sGxntwater fees are a�ssea�ed to dev�lopments that choose to e�itiae oae of tt�e city ouraed stoimwaczr FaeiHties. T[�is u ae • option provides devet�peis die optian of P$Y�S a fee-ia-lieu of providing on-site �amwater deteati� p�r�d, Defe[r[letU ot Fe�,; �ode .�tt7e�ent Fite 009 UPi Doc ID SI870 Ptsnniag CaEiaru�si� �atT Rsport Pag�e i of 7 33 g ��` �- �� "� ��'---�--- � _�.... a. PROCEnu�ac. s�rn�n�Y T'6e propased devetopment regulation is exe�t &om environmentat review pursuant to State Environaeenta[ Policy ftct Rules 197-! 1-800t 191, Procedurat Actioc�s. � pr��a! relates solely to gov�tat procE�dures cantaining no substantive standards reapecting use or c�odi�cation of the env�onn�E: Pubtic �tice of the Ptanning Co��•ion h�armg was pcovided O�tober [ 7, 200g, pursuant ta proced�ues wi�hin FWItC 19.80. E 7Q an,Ei emai[ed to tt►� dzpaeTnieat's stalu�ho[ders (E�itsit A) C1cto6er l6, 20d9_ One �na�ent was received � ia earai! &om John N�es of Nocris Hocmes [ctcorpora�t oet October t 8, 2009 (E.�ubit B}. � QL SU1V�L4R'Y OF D�YELOPLI�NT REGULxTIOIY QPT[Oi�FS Staff Gaas preseuted the Plannic►g Commission with foltovvia� three scenarios: (t) R�cain �e c�ercent wiEh na cttang� , (2j De�ei the ool�ection of.the fe�s to Certift�te af Oc�upancy; or : (3) Def� the coltectioa oEthe fees to the point o�sa(e of the propzcty. . . ,� , ., a-....k .. . , "' , -�' F -' i - �.�� _:�... ..� , FCC E}�iit9� �E - ; • D�IOd � �'s ' OpE�bll�3 Car�est �s�li�}r. t)tefee• to �e�ificate ' De�c to ��iiet �"Sate �; . ' ' oE U��a�tucy ; ` t -., -.,_.. Qpeu space fe�-in-�i�u Paid pri� eo� pFat Fee Lvould bc divitled up `Eee woutd lie divide� uP cecotdicc►� amongst-att P�P��; au�o� at[ proper�es (NQt atpplec�6te-to � wi�EY�d�e� sa(afiv�is%on `wiEh iizr t�e'�tirtlivisiou aad com�erciaUmu[ti- and paic� pcior to the pait! at the time ot�sate of Familp devetopm�ts. ) �cupancy ot Ehe the hoaae �-ia a tiea c4a►pl�ted home iniaated by dte eti•y. ELegiflna[ stamwata Paid �ior ta Eee wouid be paid pciar Fi� cveutd be paid at the f�cil�ly fee ia-ti� eng�eerin� to dte o�apancy oEdte time o€sale of the home! apQroval/tntitding compie�ed homd cown�ciat buikli�g via a pecmit issuauce. eommerciat buiWing. [iar initiat�il by tite city. I'� ANALYSIS OF CURRENT POLICY (OPTIOM #1) Open space and re�iona.t stormwater fee,s are c�ureatiy collecteEi prior to cons�uEti,cx�. F.�cisEing coliection polieies provid�e the city with assuran,ce ti�at fees are paid as: (l j ti�e snbdi�isiodplat can not be recorded withart pay�ent fl� �en space fees and tots are not officia,lly divided until the ptat is ra� vvi�h the county; and (2) constcudioa a.etivitiES caay n�ot begin untit the applicant pays. for f�ee use of a cegiona,l stcxaiwate� facitily. Ttre imp� fo� the PotucY chang� in Qar� is to d,efa fees to a time ctoser to d�e aet�! ixnpac� of tfie d�ervelopu�ent. Currr�tly, a�en space fees are caitected aft� ptat in6rastructure (rc�ads, sewer, water, etc.) is completed, but prior to the axupa�cy of tE�e ic�ividua! residences, which san be argucd � the ad�a! time of impact �onversely, re�ional stormvsrater fees are co[lected a� t�ue ti�e of � as the co�t�iiction process (clearing, gra.ding, and paving) ��esutls in an i�ate �P� � � pmP�Y. pe� ofFersCode Amendme� Fik-ti09-lOL0-l8-00- UP1 Doe [O it8?'O p{�g (� Stat�(Zeport ['age 2 of 7 3� �.d'�� ,3 �� --.�.-� �� - - �pen Space - Fee-ia-iieu is a type ot miugation �nd. no� an icr�act f� Shete law restr�cts the rise of nutigarion payme�ts ta only tha,e idec�ified projzcts dir�cEty related to the devetopmen�. 'fhis limits the utitizatioe af these €ees to a specife parlc com�reh�sive Ptan pta�ning area that the su6ject properry Ealls is�hin. Eees are aurently co(lected for the entire pse-diuided parce! prior to rr,cording the plat and must be used �yithin hve years oE coltection, or they are refunded to the properry otvners of recotd Regional Stor�nw�ter - T�e� abiliry ta �.etilizz onz of tEie cit�;'s regiaoat sta�awaEer facilities often a�tov�s the develapes to fore�o the ctezd ta prauide an on-site detentioa pond. Pubtec Wa�s DeparEmeat standards e�quire devetc�Fers co eontain sta�cnwa.ter ftows at a similar cnte as the property's p�e-devetoged coczdition. Fees coltected far regionat stormwate� �aCitity usage are used foF construc�ion casr recc�vuery utd the Facilities ongaeng maintenaace. V. AiY�►i.YSLS QFTHE PROPQS�D eOLECY CEI�►�tGE Defer�e� of �ees waFtdresutt in the city eeceiving p�ymenE after coostruction is compteted. Defe�rring the col�ectioa of.fees centil the end o€coces�ructian incre�.ses the ristc of acx�ay�nt- Such a deEemueaE mr�y aJso ptxt the city in ttte pc�sition o� withtzolding occ�Paac�r to a aompteted buildin� ar ho�re. St�ffa�alyzeE! two options for fee defercr�nt: Op�ion ? de�er payme�t to CectiFcate of Occupa�ncy; and Optao� 3, d�efer payment to point of sale_ Option #�, Defer to Certificate of Occupancy - Z'he Certifica.te of Occupancy is thz f�trat stage of pecmitting_ A builcling inspectoe from ehe Depzutment Cammunity Devetopment Setvices condu�ts a ftnal inspection ot the compteted home or commercial building and � accupancy if all required it�rovect�ents are com�leted per the approsed ptan Perscun m�.y tt�owt reside or coctd.u.ct business in a home or buildin� until the Certiticate uf �ccupancy u��ed [f i� i� �ound the applicant ha� noE paid open �pace tc�-ia-iieu tees occed to the city, the i[�,-pee�o€ cvc�uld be reqciiced to tivithhoEd th� Ce�tiCtca,te o� f�ecapanc�r u�t�t ti� balance o� fees ar� pdid 'ftw cauEd pot�ntia.[ty put the city iR the awk�,v�arc� pusiuon af cvitht�olding occupancy tor fls�n-�ayr¢�enc af fec�. Potential �dverse Effects af Deferring to Certi�ecate of Occupancy° � City ia�pecwcs pt�ad. in the awi�rd pob-i�oa af r�tlrkeidi�tg occup�►c� to a c�mpleted ttome �ir acmr-��fety issues. �pea Sgace Fee-ia-Lie�e • Pieceme;aE cc�tle�ction a�i staee m� �tiu�iEafia�s t4 �se fees would make utilizatioa o€ f�nd� d'et€ic�[t • Add, io adminia-trat�ve cosES af tracking and ie�ptementation. • CitY EnsPect�ars pia+eed en the awkarard posit�on ofwithE�oktiog occa�pancy ta campteted cammerciat bu� aac! �mes for Regioaat Stamwate.r Facitiry Fee ��fety issEees. • Eees are callect;ed fottowing the acwat i�: • Seormwater @ow eont�rot cun[d be �ovid�aet tBca�nghnut ihe constructian prceess witho�i paSaneaE fa service� De&cm�at of Fees Code Am� File �109-total8-00- UP / Doe � St870 pt CO �� Q �� Page 3 of 7 35 10 ��i��'..�._.` �� Optioe #3, Defer to PoiQ� of Sale - The defer�ent until point of sale cou[d potentially put Efie co[lection of fees past th�e Certi&cate of Occapancy_.This �ay be accom�li�hed by pfacing a covenant or lien agae�st the property ceq€unng Payment prior to cfosing. Poteatiat Adverse Effects of Deferring to Point of Sate - • City is imat�e w track. p� �e point af C�rtiheate of Occapaecy. � • CoUection of fi�e u d�endent on es�row agent e.n�uiQg pay�eot Open Space Fee-ia-E.i� is made pru�c w:closing • Piecemeal collection and �ate maudated time iimiEatmn�: to ase • fees vwnu[d maioe ati[ization of funds di�icatt . • additionat a�mmist�aave and c.ottection cos�s. • [n the cas� o€c�mmereia�PmuEti-fam�city a� i the devefi�per may _. t►otd onw �e � focaa eXtend�d pe�iod oftime, �r 1i�voe no • ints�oi�o€�l+u� tl�a�ehy avoidiug tee p��+�ti�is. : [tegioQal St�mwater F$ciEiry Fee , •. City is un�blc.ta tcact� pa,� t�t� pos�� o��ectifica�e vE�csapancy: � G�kte.�aon,oE f� Es depead�t o4: �cEO�s� age�ut e�cu•+ui�g �eac i; a►ade pciar w ct+�si4g. • Swcmwata flow contmt cou[d be pro�icled thmngfcaut the coosocuctioa ptocess and beyocid uitt►ouc p:►y�izut ot�ervic�. V[_ Jcnusntcr[QrraE. Co�eaiusorrs - The deferment of impact fees u a relatively n�,v policy brought about b� thz c�rent economic dawnt�un tb[ast jurisdi.ctions in �Vas[�in�Eoa SEa.t� inciuding Eedera[ Way, coi[ect fe�, at buiEdict� peanit iss�e for commerciallmulti=�amity uses and at pta.t recording for �ubdivuions_ The fotl'owing four jurisdictions ha.ue either had deEerment po[icies or cu�rent[y irt�p[ement a deferment optioa • t_ Pier•ce Couniy — Pierce Coimty e.xperia�ented with ai[owing delayed cottection of ic�act Eees at point of sale (Option #2) subject ta a vo[unt�acy lien. However, Pierce Counry rescinded thu proviseon a.ft,ec experiencing a 27 perceat €ailr�e rate on im�act fee colEection. 2. Kitrap �ounty — Kitsap .County deferred impact fees to Certificate of OccuPac�cY (OPtion #!), but d�,e high rates of aan-paymecct, tGitsap u�ved the collection point to prior to the fiaa! inspectu�n oF the building permit. 3_ Cit�r of Sanunamish — Tt�is year, Saaunamish ad,opted a po(icy to attow defecmeat to the point of sale �uttil December 31, �U LQ. As of tl�e date of this_.report, no failure in cotlection has been found 4. City of Olympia — Oly�ia recenHy ad�pted a policy to allow the defe�ent until the point of sale for develap� withic� the dpwntowa area. The policy witl sunset r�ugust 2010. As o� the date of this report, no f�ilure in colte.ction [ias been found 3 The tenm coe�nec�ceaVmdti-farigly use i,i a�ant to ref� to we., od� than subdiuisiow. De�e�u�ent of Eees Code ameadc�nc F'ik,�-to to-ts-oo- UP �[1oc ro s t87a Plaming Coan�oisseon Staff RepoR • Page 4 of 7 3]61 �� 1��_„�.��=� VIE_ PixrrrrnvGCoNmr[ss[orr Orr[onrs Staff present� the Ptanniag Commissian ttte fo[locving options for the open space fee-in-lieu and re�iona.l stocmwater facitiry fee_ a_ Open Space Eee-in-Lizu: l. [2etain the current policy with no change; 2_ Defer the collectian o� the� tee to Certihca.te of Occupancy; or 3. DeEer the cottection o�the tee to the point o�sale of the prop�rty. b_ Regiona.! Srormwa.ter Eacility Ee�: !. tterain the current poticy with uo change; 2_ Defer the cotlection of rhe fee to Certificate of Occupancy, or 3. Defer the coltection ot the fee to the point of sale of the property. val. S�r.� [tECOa�a+��rmaT[orr St-aff recommends the fee cotleetion po[icy ren�ain unchanged for boFh fees (Qptian K!) due to the Eollowing: l. �[aintainin� the eurrent po[icy ot cotEection (Qption �! ) at Qlat recordia� €or oFz� �F$� tee-in-[ieu and engineering appro�at tor re�ionat storm�v�ater provides the �r��.test assurance the ciry c��itt receive paytnent o� tlte nvo fees_ 2. 'Che impe�w for the poiicy chang� in park is to defer fee.s to a time closer to rhe actua.l impact With regazd to regionat stormwa.ter fees, both Opcions �2 and �3 defer che collectioa to a point atter the ;x.e;tuat icr�aacr, theeefore. �king the poiicy iacoc�,iistent �vi[h the pcemise that �ee eolleetion shoutd be ti� ta the point oF i�act 3. Unlike the necvly adopted Tcattte [a�act ree, these fees are not cnac�da.tary_ The deveto�►zr daes have the optian to pcovide onsite open space or a stormwater detention �a.cility. 4_ Defesrircg fees to paint of sale (Option �3 ) coutd resaEt En a ioss of cotiection as th� developer may t�ave na intention aFsetiiag the properCy once constructian is comp[eted 5_ The fragmented collectian coupled cvith rnanctated tirr�e iimits to use fee.c cau(d cae�e dit�iculty in the utilizatioa of open spaee fees_ 6- The 6ragmented cot[ection of fees would add additiana.t bra�tang and administratiee c�ts. IV. �ASIS FO[t PL�lYtYING CONtMCSS[ON ACT[QlY FWRC Titte t9 'Zoning and Devetopment Code" Chapter l4.80, �Piracess Vt Review,° esta.t�lishes a pr�ess and critecia �or development cegulatian amendu�ents. Consisten� with Process Vi review, ttie role of the Pla.nning Comcnission is as fotlaws: t. To reviecv a,nd eva(uate the propo5ed devetopment regula.hon amendcrrents. Deferment oFEee� Cade A[t�eudurent E1e tt09-10t0-t8-00- UP T Doc [D ii870 Planning Com�nissiont Stat�ReQoct Pa�e 5 ot 7 37 12 �� :°t�� ____..:1�� S° ..�---.- ? To detecnane whethec ttte proposed devetopment regulation amendment meets the critecia providedhyFWRC t9_80.l3U. 3. 1'o fon�ard a€ecommendation to Ciry Council regarding adoptioa of the proposed development reguia.tion amendment V. D�cts[ofvu. C�r�Rt�a EWRC t9_S0. t30 provide� criteria foc developernent re�ulation an�reculments. Tfie foltovving section analyzes the comptiance of the proQ�ed aabendments with the criteria provided by FW[�C t9.SfI [3U. �'he city may amend the [e�ct of the EWItC onty if it ficrds tGat: [_ The prop�sea a�nendm,enf es eonsistent with the appticab[e provisions of the � compreheosive plaa Policy CFP ! - Provide needed pub[ic fircilities aiul services to implenter�t the Federal ZYay eomprel�ensiue Plan. Policy CFP6 - Protect invesdnents in existing facilities t/crough an appropriate leve! of ma�nteeraraee and operation funcling_ Poiicy CEP [ 3 - Provide efie eapitttl facituies rieedea� co sen� the futrcre g�-ow�tli aaticipaterl by the Federal �ay Compre/:ensive Ptan_ StctfjR�spo,�rse - Ar[aintaining'the currec� poticy of f� co[lec�eoa at p[at recarding for �en space fee-in-tieu and engineering apPro��at for regianat stoanwatec facilities pro4 ides asuuranee the preceding three coc�rehensive pFan poticies cazc be imptemen�:�ci. Payment defaults ma� ca�ue teve[ of service deficienctes duz to inerease denrdnds on exutic►g faciliti�.s_ 2. The proposed amendczvent beacs a substantia[ retatiooship w pu6tic heatth, safety, or welfare. . Stc�fJ`'Response -�'he current point of coilection poticy ecuures pay�ent, pcotxts tevel of seivie�. and pcovid+es consistency. ' 3. The prc�rosect amendm�nt is in the best inkerest of the resideats of the Ciry. Sta�'Response -�►s cnentioned previously, ttue curreat palicy assures payment oE cegiooai stormwater fees at the point of im�ad and assurance that open space fee-in-lieu is paid without deCay to occupa�cy. . Vi. P[..aivrrnvG Cohm�arss[oN Acriorr Consistent wittt the provisions of FWRC t9.8Q2�0, the Ptanning Commissioa may take the fallowing acrions regarding the propas�d developc�cnt regulation anlec�dmeats. Defenment of Fees Code �dmeot PlanuingCo�ioa �[teport �� uo9-iu�a�s-0o- trni n� tn s ts�o Page 6 of 7 � �- Open Space Fe�in-Lieu �� A�� _�;� � l- Recommend to the Ciry Camcit adoption of Option # t(sta.ff recommendation); maintain the current method of coitection at plat recording as shocvn in E?eh�bit C, FWRC Chapter (9_ 100, "Meti�ation of Deve(op�nt Cm�act�." 2. Recommend to the City Cor.encil adoption of Optean ��?; defer the coltection of the opea space fee-in-[ieu to Certificate of Occupaney. 3- t2ecommend to the City Counci! adoption of Oprion �3; deter the co([ection of the c�en spaee fee-irr(ieu to the point of sale oF the properry. 4- Modify Option t# l, �Z, or #3 and reconunend" to the City Couctcil adoptia�n of tfte mndification �• Forward the policy question to the Ciry Councit withont a recommendatioa. B Regia�ta! Storsnw�.ter �acilily Fee [- Eteeoa�td to the City Council ad.option of Option l# [(staff cecommendatio�; maintain the current method of co[lection a# e�gineecin� appcoeaf as shoum in Exhbit C, EWRC Chaptec t9.lOQ, �Artitigation oEDeve[opm�nt [mpacts." 2. EZecommend to the Ciry Cocu�cil adoption of Option m2; defer the cotiection of the re�ional stormwater facility fee to Ceriifica.te af OccupancY- 3- Recommznd to the City Couctcil ad�tion of Option �3; detzr the cottection 6f the re�iona! stormc�ratee fee �o the point of sate of th� propecty_ 4• t�r[odify Op[ion #t, �2, or �3 and recommend to the City Council adoption af the rrtodification; . �- Forward ths poticy question to the City Co�tctci! without a r�omtt�endation EX�f[B�'I'S Exlubi� A— Community Developcxrent Services St�akehotders List . Extubit B— Coc�enE tLeceived &am John 1Voms Exhbit C— Progosed Ccxie �ndcn�ent — FWRC Chapter t9. t00, 'Mitiga.tion o� Deve(op�ent [�acls Repart Prepared by_ �ssociat� P(anner Matthew Herrera Oete�tne� of Eees Cod.e �cne�dmeut Ptaming Coa�ussi� Stat�Report F�ite �69-LO LO-18-06- UPi Doc [p i 1870 Paga7of7 39 14 ��i� � �A�i�_ _�� CODE r�NtENDIMiEM'S �iND DtYS NOTICE Stalce�otders List �.s of JaBe 18. �009 Bob Coope� L(oyd Eatexpri�es tnc. PO Box 3889 Eedern! Way, i�iA 98063-3889 =ti �w::O��i.'II:�73IL�'iETri..G7i1: �ti1S C.7[C8E �riendoFthe Hy[ebos PO Box 2�47t Eed�ai Way. WA 98093 :��s��t��.3�.;,� Dan Biies SB[ Devetopiag PO Box 73790 Pnyatlup, WA 98373 c�m�u�it[tt�tt�� tCurt Wilso� S8[ Deve[oping PO Box 7i790 . e�Yatt�, w:� 9s�r (2�3� �39-8 L tti �!�.��:ctc€L�suil�tc��s. �.n Darla 14[ocin Hat�ch [nvestme.nt Pcope�ti�s 13010 i�IE ?0�` Soreet. SaiEe -��0 Beiieva� V�+.� 98U0� (�125) 28�-�3�2 d �r`r:�Uiifiat�: . f�.t� Julie [tamseth E(arscle fnves�►att. Prope�ti� [ 301d NE 20 Street. Suite 4�0 Betie+ra� NA 98005 l�3Q)�F�0-0778 j��licocultarsd�.auFCt Uan Pecry Lalc,ehaven UtiEity District PO Box 4249 Federat Niay, WA 98063 c�p�rt,ti�:�ic�har 'fim Osbocae, PE [.akehave.a UtiiiE�r Disaicc 3 t627 l� Av�ne South Fedecat Way, WA 98003 (253)946-5540 :cs�c�rte�'ciladcehay�s�.;.� John Bowman E,akehave� Utility Disorict PO Box �249 Federal Way, f�A 98063 (233)946-540t e �tCP.t�P..;��}t.''•L�E.4�F5.' Git E[ufsmana Abbey Raad Group eo soX �?z� Puyatlnp, WA 9837t (2�3) 43�-3699 �il_i�aL��nc#�. Ienai6er povey Windamere 33405 6"` Avenae Soudt Eed�ai Wa�€, V1�A, 980Q3 (?Q6)�23-8Q00 =s��r;.� a`��ein�s:tG_cuc� Joha Norris Nocris �fion��s 20�3 Fat� Drive Mereer istand Wa 980�0 (Z06)�73-t901 h.'7�it3Et�[ IE�.� ��Rl.f iEs�. cECf Steve Kelty ESM Ctw�t[tiug Engineets 33915 1�` WaySoattt, Suite 200 Fedaat Way, WA 98003 (?53) 838-6[ t3 �iL'"i .�,.�(i+�L� �ECi*i7�Cv1� Mark Clireh� GVA [Cidd�, M�hews, Segner L201 Pxific �vmtte, #t�00 Tacoma, WA 98402 (2�3) 722-l4[6 N:3iG�� $Y'�t.000i Pani Lymberis Qnadrant Humes PO Box 130� Pau[ i�tanzer Pactand Qevelopment Coosulting t[ 23� SE 6`" Street, Suite ?20 Betlevue, WA "9800� (42�) 4i3A�0t 1�tY13lt�LC'G!'��.3Q�{�3Eii Rnd Leland Eederat Way Pubtic Schoois 31405 l8"` Avenue SoaBt Eederal Way, WA 980Q3 �eta�c�'� E��sd. c�.,dn+�_ ec€u Sid White Federa! V�ayr t�b1�c Sd�OOIs 1066 South 320'� St�reet Eedgra[ Wa}�;�WA 98003 (Z�3) 9�:%593� �.:�11�.�i%;i;+s��s.csc�T tton Bie�rotd South [Ciug Fire & R,escae 3 t617 l� Av�ue Soai�e Eederat Way, WA 98003 (206) 2'�7-9301 '_��c�l��uthlciu�r; .•�r� Tom Etaymond South Kiag F'�re & Rescue 31617 ['� t�veaue Se�uth �� w�y WA 98003 (?53) 9�6-7241 T+hcLr3w��iagSrr, or� 'fom Piersoa Eeitara! Way C�amber of Cammerce PO Box 4220 Federal Way, WA �63 {TS3) 83&2605 wr�,�x�fc�dc�aiwas�sl� �n. Beiteva� 4VA 98009 Sam Pace (425) 452-6556 Sea/iCmg Couuty A�soc of Rea[tas �a�1.i��ocri �g,�r��cs.s�ai 29839 154"` Avenne SE cc ��c.,a: ��r�a � e�,�s,xc„a�.�x�� [Ceut, WA 98042-4557 (?a3) 630-5541 �mtr��t��eet E��'_._1 �� –�— Page t of 3 4Q5 �� t�� -�- CUDE rtMEiYDMENTS AiYD DNS tYOTiCE Etou T'ranaine Kedstoae Development Land Acquis�i� and Devetopme�t t74i7 #33`�StreetSE North Be�d, WA 9804i � c�.;i�i�rc��;tt4t�i€ �ncn 42a-831-7T3d (wt) 4 206-3�3-iT6! (cett) 42�-83 t 7783 (Fdx) � e�� Porraeelt [iomes 29607 8`� Avmue Souih Federal Way, VtfA 48UO3 crtc�tc��vFel!-ho�u�s.��ta Et D�vid �a�n . 30240 27'�` Ave�tue South Fedaral Way, WA 98003 Ef :l3�s�.�ucm�ncELc�� Gatrett J_ E[uf�nan Master B�iidets Association o€King/Snoi�omi�► Couatees 335 t L6'� AveeBUe SE Bellevu� W� 98QQ4 zs]LiF.�IFI�iC"r21fE�3F 425�6o-s236 (MBt1KS} Craig Deaver CES N�it, iac_ E-mait Bc�t c1. Schwe�kl, P. � Managing �tem6ec Scl�we.�`Iri and Assaeiates, PLLC 70� Soath �` Stre�, Suite 303 Taccwoa, WA 98403 ��ehA��aaci�iLn�t 253-272-445 t (wkj . 253-272-9495(fax) 11�'ike Beha Quac�aat, DevelopmenE il�tager 14725 SE 36 Stre�, St�ite #200 PO Boa t30 Be[tevu� WA 98tb9 :C1I�C��r�3�1"dii�i431k7L'S.Cc.� 42i-452-6�63� 425-753-4866(ce!!) IC ��U9 r.oa� smmdmma� t�ee eoo�ofco�tionl�t�o� �t�aa � ma� 1�caoe Fro�n the Cleacing Grading POR tist Efans Ko�ve 726 Auburn Way �tocth Aubarn. �/A 98Q3? hi�sfc✓�n�.�-i��. a� 253-383-220Q Bob Roper I�. rap c�t�::r�� . � tet 253A41 �9�4 Dale A R,�par 'Clie Rnpe�r CompaQty C.aadscape Ard►it�dire/ Sete Ptanning . 8 t6 Che=ry Ave�u� #3A Samner, WA 98390 253-891-iO30 2�3-826-3891 (f�c� r-� aea�cL�€a:��-aLcuc�i GarY E[enng t439 SW 296�' Slreet FederatGNay, W4 98023 ►?��1�1i"eE'L�'it'C�ITiti�'� [2�f �� a�ty LDG Architects l319 Dexter Avenae, Suite 260 Seattle, 4Vt\ 98109 206-283-4764 nta;��:�.fr�hit��c:�: ct,� w� o��c t0236 NE Pomts Drive. Suite 400 Kir�nd, WA 98033-7897 206-442-t359 ::�nac�vF�iser(ii�r�ta�ean Guistiue Batyeat New Coacept Efnones PO Box t 229 ��, sv� gsa2� t��::�r:��:��.t� �[ark Fr� 33� t6 9' �venue 5audt FederaalUVay, WA 98003 ?53-838-8327 tLT�iLICL `..Ctil�.'siv� �'L�iL[ Tim At1�s Big Maantaiu Eataprises �i�bi�uvata�ec�c.��n PO 6oxiU01 Ennmclaw, WA 98Q22 Bill McCaffrey WJM Stndio t9[ ! SW Campw Drive, Suite t l6 E�cter�t @ftay, WA 98023 �imc��e�'G,�r�rc:a..�. net Tom Barghausan Bargfia�esea Cflnsultmg Enginee.rs l82l� 72 Avenae Soaih [Ce�at� WA 48032 �` �1i�a1' 'LE�{w'�fFll'�a�E�.4`(�I�f Pe�esTowas�nd L648 Soutft 3 i0'� Stre,et, SuiEe 6 Fsderdl Way, WA 98003 253-839-2947 41 16 �� '" Page � of 3 PO Box 4(58 E�� _.___.i----�� Tres Kir�e6o APex Engineeric� ?6f3I 35� Street, Snite ?UO Tacoma, WA 984()9 2�3-4731l494 �::t'�t�x�(�a �eu *=zi Ueo�u Haaebefg 2�t 35�'� �te 200 Ta�ma, WA 98�t49 2�3-A�73�494 t�tbc��,�::�.�. ��i�c�no.tt�€ GarY Ma�te 'Che Commoos of Eedera! Way 1928-B Saeth Comm,ons Btvd Eedeaat Way, WA 98ad3 ti3-839-6I56 s��arcinct�et�it[va�� ro�e Betc�&��c� IeffGreene Aubum, Qf�A 9�32 Greeae Gasaway Architects Eederai Way, WA 98063rit�8 ?i3-94l-4937 it �+�_,,,.P.'3_f��3i.:ua'_td[i.,:Li'Olil Steve Eiammer Browteit Peterson Hammer ardiitects 6920 220�` S W, Suite 200 i�tountlake 'f ecrac�, W � 98fkt�3 ::cs;a'��,ii�rt� �c::a Met Easter John�ou Brauttd �esign Gcoup l5200 52a Avenue Soutlt, Suite 200 Seatcle, WA 98188 206-?66-83U0 �tuer�i;ifml� Kuong Cho iLoyat Hospetaiity �� ) t 5901 Wesc Va[ley EGg�ivvay Tukwila, WA 98188 2�3 3(8-0908 �Z.��a:cn[�ic'�i.:�� Iim Jocdan . (Sag{�atie Heights deve[opecj �dan(cu�ucn�c.c�r� �rtike Hovland Hovland atchitecU 904 �teridian Ave East, Suite �S �rGiton, tiVA 983��t :Fi)ti.ttC�'zE.` Ei:.E Dave Thorstad �46 South 389�' Ptace Eaieral Way, W� 98003 ciicar�tii€c�,:(�ta�.ca�t.ue�. Dan Coxa[t Hammes Co. (St Erancis [iospita!) t325 � Aveuae. Suite t035 Seattl� WA 98i01 cfcu�al€�:��tt�tt'�7.c�t1 Tany Starkov�ich ,. !6t t 9�` Aveu�e Noctte Edmoads, WA 98020 425-775��32 .��a��.� cazem Roe BCRA 2106 Pacific Avenue, Snite 300 Tacoma, WA 98402 ?53�27�367 �:+�c��.:� racf�u <7n. c�r: Heidi Swaztz Swartz Developmeat i724 30� Ave NE Seat�te, Wr'� 9810� ( 206) 730�933 ce[t (306) .527-8999 Eax h�, ;�r LC�'�oo C�de ammda�o�rmpaa Ra Poateca•Um.,n'�tate�,tda nwr�teapaoe madag Ic�a.ie . � �lo�� - • ��1{'x� �....��' _..,�_ �� . : .: P�G�_.1Q_�� Page 3 0[ 3 �� Tina Piety — � — Ffom: Sent: To_ Cc: Subject: Jo{�n Norris [�ohnnoms a�3cctmcast.net� Sunday, October 18, 2009 5:32 AM Ttna Piefy, Matt Herrera Mangaret Ciark RE: Planning Commission Meeting E hey should r�p�a@ 6o�h o# tt�e ordina�ces that ci�arge th�se fa�s. Thz ape� s�a�e f�e is ex�rernely exc�ssiv� 3nd �ur�ishes peo�le who �el� on tc� t�eir fand 1ong�e. IVtost o� Fe�eral sn:ay �vas built �.vithout t�e� apen spac� fe� s� th� very peapie who actua�ty �roi,ided ��en space �y n�t deus[apir�g th�€c land got punished with a tax aqua! t� �S'�ia af the asse�sed ti��iue af t�ei= la�u. They paid taxes or� �hair ian�i atl of tt�a# tima, it ;rras �robabl� their r�est egg or so�eething and aiong cornes gauerc��extt prob3biy back�� :�p by some citizens �sho sorn�h�v. justit�y tfiat i� is okas� t� stee! t�air ��ighbars stuf�= as lc��g as they get thz govern�ent to �a it �or th�m. E dfl nrst un�ers�a�� why some }�eople ar? s�ppos�d t� pravtde �p�� space for other peap�e to use. lt seems ta me that tt�e rula used to he that if tt�e gavernment need�d your land for the goo� €�f t�e �ub(ie they couid car�demr� i� and buy it for �air vat�te or €�air vaE�� plus 10�l� i€ yuu �3� to rnove. �ac�C then �t�e po•��rr�c�ent needed 4vay tess fand �nch�n they ha� to buy i�, but no�nr tfiat they just ��s� ardi�taetces-tE�at a{low them to ste�t it, t�ey stee! twsce as mu�h as th�p r�eed. l�tst #i�C� aEi af the sensitists araa �uff�rs. �hy ste�€ a 5 foot buf#er tnr.hen you can stee! Sf3 f�at buffer f�� th� sarne �ost tr"r�e�. r'�ctual€y in a lo� cases tt�ay �ha�e us a��e, mak� us hire a consultant �r twto, fill ou� ar� application, �urnp �hro�g3� a feiv �oop� �c� g�t �er-�ission to �ave the city stsel our bui��:. Th� €�esL part �Eas v:ha� they :ri�iad al� of th� bu�=�rs �nc! catied it `Best Scier�ce". +PJnat they f7l°df�� N1ldS � SC3��EC�'� �?:' "3':'lat�° JD SCE°ftC° B2SC SCf°CiG° w�s�li have u��n t� �ave bu�fers d�termine� by ?�cz i��ivi�ual �ensi�€y� area, �as�d c�n t#�z �n:que �at�re o� th� s�nsitive a� i�: q�estior�, the gov�rnc:�ent ag�nc4� : eq�iring the bctffer should have to b�y the bu�� ar the goa� �f t�te �ub(ic so thaf they are not t��n�.ted t� sLeel �c� tir�es as m�� as t1�et� nee�e�. G�verr�ment ��oulc� nA� etier �� aftos�aed ta spen�J �ther people's money. Oo�,s did t�ta* cucn ir�a a rant? Jid i�o r�;; ;e�rz� v,rith gc�d inte�tians) goverr�m�nt sucks rant? Sorry I was just t�rowin� rn� s,i�h�l�f ja�ed apinian out the�. { an� not bitte� �neE � stitt li�� sv�ryone. Lould sorrteone f�rLVac t�is c�� to �3�:� �oun�il ��rnb�r f�r :ne? Oh 3nd if anyone t3ke� o�fense, this yvasn t r�� srif�er bL� lohn Nor: it tvas actua(1y �vr�tt�n ��,t that Eittla srnart ass in �is haad, sornatimes :�� gets Eflas� and �zn�s out inlammatory ernails 6�t�oc? !�€ ca�: stop hirn. (t�E-�f �-�� : <�s�;_ .'•'��`:" ° :.`� �:z: =�.c-•#� ; _ =-� � "�;. � L��i 1LL .,Ji 7 � lJIJCiG/.�i7�i4 �: �� c- � . � _ : L+si �i,':._t� ` >:'. " ;�'. + c'�. ' .?: ;�.�:.� From: Tina Piety (mailtn:Tina.Piety@cityof�edesatway.aom] Sen� Friday, �c.tobe�' 16, 2009 5:14 PM To: Matt Herrera Cc: Margaret Clark Subject: Plaanmg C�on Me�ing Helto, �� 11_ _,,: �� i 43 18 Piease see the aEtached notice of the Novernber 4, 20U9, Federai Way Planning Cocnmission_ Tize Commissia� wiil consider whether the coifection of tfie open space fees and stormwater fees shauld be deferred to a iater date in tfie deveiop�ent process_ Tfie dty currendy cot(ects open space ��es priar to plat recarding and regional stormwater fees prior to engineering approval_ Please contact Associate Ptanner Matthew Nerrera at 253-835-2643, or mat°�.h�r�ra(��cih�f=��arahi��v-w�� with any questioru. Tr'.r�cvi'�ety. Ad.rn,i.r�.%� Comtnunity Development Senrices �ty of Federat Way �� •' Stree� 33325 8th Avenue South � � Mait: PO Sox 9718 �� -� t � Fecleral Way, WA 98063 253-835-2601; Fax 253-835-2609 E��°___�___'-.- RA��'_.1.�- z 4�9 FEDEit��L �VAY R�V[SED CODE Sectiocu: t9.t00A10 (9.100_02Q [9_ L00.03Q L9_ L00.0=t0 [9. (00_OSO ! 9.100.060 Titte 19, Zoning and Development Code Chapter 19.t00, l�[itigallon of Deveto��ent Cmpacts . Pucpose_ �� - Definition. �� _ �� Determination of clirecc empac� Costs. �tiri�a.tion of direct ic�acts. �tethods ot miti�tian 19_1OQ410 Purpose. [t is tk� pucpose of this chapter to provide a[ternatives Eor praspeetive developers of land within the ciry to mitigate the direct impacts that ftave been specifica.Ely identified by the city as a consequen�ce of proposed devetc�ment, and to roalce provisions for, inctuding, but not limited to, the publi� hea(t6, safety and general cvelfare, foc open spaces, drainagecvays, streets, aEleys, other pubtic v�rays, wa.ter suppties, sanitary wastes, parks, p[aygmunds and sites for schoaLs and schoal goands. (Ocd No_ 90 3 I(?2_!0), 2 Code 20(}t �!9�!_} t9_IUfl.Q20 Defni�ion_ . Eor purpwes of thi� eEsapter, the terru ''develupmenf " sha[E include, but not be Eimited to, subdivi�iocu, short subdivisions, bincfin� site plan� and any other deve[opment activity detmed by F�VRC Title t9, Zoning aztd Developcn,ent Code_ (Ord E�Io. 4l}-39, 3 l(?2.3Q), 2-27-90. Cod,�?00! � 14-=E2-) L9.lOQ.030 Determination of direct impact Before any deve(opment u given the required �.pprovat or is pecmitted to proceed, tite offieiat or body char�ed cvith deciding cvhether such ap�roval should be given sEw.tt determine direct impacts, if any, that are a cons�quence Qf the proposed devetopnvznt and c4hich require mitigation, considering, but not timited to, the fo[lowing factors_ (I) Predesetopment � 'etsus postdevet�n�ttt need foc services such as city streets, secvers, wa.ter suppti�, drainage facilities, parks, playgrounds, recreationa.l facilities, schools, potice services, fure szevices and other meueicipat facilitizs or servic�.s; (2) Liketihood that a direct ia�act of a propwed deve[opcnent cvould require mitigation due to th� cu�nulati�e _ _____- ----- _--- - e€fect of such ic�act when a�regated with the similar impdcts o� future deveiopunent ut the immediate vicinity oEthe prop�ed development; � (3) Size, nu.a�bcr, eoadition ac� proximity of existing facilities to be affected by the proposed devetopmen� (�} Nature and quantiry of capital in�roveavents reasonably necessary to mitigate.speciCtc direct impacts id:eNi�ied. as a consequence oF the proposed devetopm,ent; (5) Likelihood that the users of the proposed development cvill benefit &om any miEigating capitat i�ro.vements or progracc�; . (6) Any si�ificant a.dverse envffom�nra! in�aacts of ehe proposed develapment identified ia the process of coa�tying with the environnhent�.l policy, EWRC Titte t�, or the State Environmental Paticy Act, RC�V 43_2 tC.O l0 et seq.; (7) Consistency cvith the ciry's compretueeesive p[an and any of its subparts; (8) Like(ittood of ciry g� by annex,ation into areas immedia.tely adjaceat to the proposed developc�n� (9) A�tprapciateness of financing necessary eapita.l improvemeats by means of locat improvemenE dist�rict�; ( tOj Whether the designated capiFa.( improvernent ftcrthers the pubtichealth, safety or generai weifar� aad (i t) Any other facts deea�cd by the city to be retevant_ . {Ocd. IYo. 90-39, 3 l(?2-3fl), 2-27-9Ef_ Code 2001 3 19�3.) �� FAG�._1�._.�� of� �.2009Cade_�nwdm.me;.{aWsetr'mP.�oi� :t0e.xnnlPhaaoBG�m�siva`.t�aPtttl•1.i�11Jix � 45 20 �� ,�� ,.�� _� � -_ ' 19.100:040 Costs. The cast of any invesagaaoos, anaiysis or reports reecessar� for a detern�unation of direct i�act shali be borne by the applicank {Ord No_ 90-i9, �!(22.�0), 2-27 90_ Code200[ 3(9-�.} 19 .ioo.oso Miagaaon ofdirecx impacrs The officiat or body charged wittt granta�g the necessary approva( for a pFOposed developmeat shatl review an a,pplicant's proposal For mitigating any identified direct iciapacts and determii� whzthzc such pcoposal is an acceptable mitigation measiue consid�ing ttte cost and iand requQements of the required icr�rovement aad the extent to which the necessity for the imipravement is amnbutable to the direct a�a� of the proposed development No officiai or body sha11 approve a deve[opment anless provisio�s have been cnade to a�utiga.te identified direct i�aets that are consec�uences of such devetopmen� (Otd. Na 90-34, � I(22�0� 2-27-9Q_ Cade 20U13 19-45_) 19.1�:06i! Methods of [�tigatioa (1) The �thods of o�dtigating identified direct im�acts required as a coadition of any developoaent approvat oQa.y in,ciude, but are opt ti�ted to, dedicatioce of tand to any public body, o� site i�rovea�ents, on site improv�> and oth� eapitat e� �ncagital methods tl�at may effectively rec�ce daect impacts. (2) [n liea of a dedication of Fand oc to mitigate a direct im�act tt�a.t has 6eea identiFied as a consequence of a Prapose��deveLoP��• ��Y �Y aPP�ve a voluntarY` paY�nt agreemen� i�deeme� necessa.rg, with the developec, provided no such agreement shail be required as a conclition oF approval, and sbaCl be subject to ttie following provisions= (a) The officeai or body apgrovu�g deve[oprnent auut hnd tE�.t the maaey offered will mitiga.tz or is a satisfa�ctory alternarive to mitigate the ideatified dtrect impact buildine oermit i�suance Forall oEher deve[opme�t, or as othenvise determined bv the Public Vtforks Directar_ �} � The paymeat shall be held in a reserve accoune and_may ont� be e�ended to fuuc! a capital impcovement or pragrarn a.�eed upon by the parties to miti�.te the id�ntified direct ict�act (-e� (dlThe payment shatl be expended ia atl cas�s cvithin t�ve years ofco[lection, uutces� other�vue ageed to by the develo�per. � ��A�ty payu�ent not expended wit�tin five y�a.r of cotlection shall be cefiutded to the propc�iq ownecs of record at the ticiae of d�e �efiind wil� interesE at the ratz zamed in the ciry's c�serve accoant applicable a.t the time o� refund I€ tl� payment is not e�ended within �tve years due to deEay attnbutaGle to the devetaper, the paya�cnt sha,ttt be refunci�ed without interest (-� �Fraperry owQes eNitiect to a reC�md and/or interest under the provisions of thLs chapter may voluntarily and in writing waive the� right to a refund for sp�cifted peri.od o�cime ut the enterest nEprovidiag tlie desigmafed capital iuq�rovemeu� or otfier capitat ic�rovement or pro�ram id�enti�ied by the prc�ecfiy owaer, and acceplable to the city. ' {-� �gZ.The develcxper may voluntarily and in writing w�ive on behalf of the develaper and subsequeat purchasers fhe right to interest and or a refimd in order to facilitate comp(etioa oFan im�covement Under no condition sball sueh a waiver be �equired as a condition of appravat Such araiver shall be recorded cvith the county where the proper[y is situabed and shall be biuding on subsequent own.ers_ f 3) The devetaper ar applicant may choose to pay a fee in lieu of reseavaticx� of alt or portions of c�en space areas required. tf the applicant o.ff�s to pay n�ney in lieu oEopen space and if �e city accepts the offer, the ao�unt shall be determined tiased upon �e square footage oE open space wEtich otherwise cuould 6ave been required to be provicled tin�es the ttien curreat marteet value per square foot oEsimitarly situated. properry. (Ord No_ 40-39, § L(22.C� LO — 226030), 2-27-9(3. Cade 2W l� t9-�6_) Cross cef� Parks amd nec�ioo, Ch�b�' 3:05 FW[ZG; � anct �dewalks, EWRC Title 4, Divis� Q utiliries, FW[tC T"dte l l; water qualitq cequirEnoeffis aad svrfi�ce wab� stormwater aad othe� waterways. (�apter t�43 EWRG`, su6divis�oos, FWRC Tttle l8; publi�c u�se easemaats. FWRC L9 05.330; bunlding site requeements. EWRC 19. lOSA l0; catculating [ot' coveca.ge requi�ements ia tt�e d'�trict reg�ilations. FWRC 19110_O�O; laad modification restrictioas and tequireQrents. Chapter 19_ i� FNRC; ctwas regar�ing f�ces, EWfLC 19. t 35_ l� et soq.; site desi�p sequirements foc environcnentaliy � 155 F�C.. �� 9c�a��mm�C�eeo�ofaneaio.�asa�(b�O.�ac��taaaa �ALf�.�.�—� `� '0 4Q1 �� FEDERAL W�Y REVISED C�DE ��--�-�'��•-- Title 19, Zoning and Devetopment Code Chapfer 19.100, Ytitigation o� Development Impacts` Sections: i 9. t00.O l0 t 9_ I00_020 t9_ tQ0.034 t9. t00.040 t 4. t00_O50 l9.1U0.060 Pucpose. Defittition. Detemunation a�direct impact Costs. Mitigation oEdirect impacts. Methads o€ mitiga.tion. Lg.l0A.0t0 Pnrpe� ____ ___-------- -------------- Et is the purpose oE this ehapter to provide alternatives for pras�ective developers of iand within the city to mi�igate the direct impacts that ha.ve been specificalty identifiec! by the city as a consequence of proposed devetop�ent, and to make provisions �or, including, but noE limited ta, the public health, safery and general wetfare, Eor open spaces, drainageways, streets, a�ieys, other pubEic ways, �vater suQplies, sanicary wastes, park5, ptaygsounds and sites for schools and schoo! graunds. (Ocd_ No. 90-39, § 1(�?_10), 2-27-90_ Code 200t � L9-4i.) � 19_ 10�.020 Uefinition. Eos purposes of ttus chapter, Ehe tecm "deve[opment" sha.11 include, but not be limited to, �ubdicisions, �hort subdivisions, bindiag site plans and any other decetopment activiry itefined by EWR.0 Title t9, ZoninD and Development Code_ (Qrd. No. 90-39, § 1(22.20}, 2-27-90. Code 200t � t4-42.) E9.IdQ.430 Determinatioo of direct impaet Before any devetopment is given the requirad approval or is pLRnitted to proceeci, the ot�icial or body charved �vith deciding whether such approvat should be �iven shall determine direct ir�tpacts, if any, that are a co�tsequence o€ the proposed. developcnent and which rzquire mitigation, considering, but not limitcd tU, tnz �a[towing factors: (1) Predevelopment versus postdeve(opcnent need for services such as city streets, sewers, w-ater sup�►tie$, drainage faciliaes, garks, playgrounds, recreationa! facilities, schoots, potice services, f� services and other n�unicipal facilities or secvices; (2j Gitc�lihood that a c��et ict�pact o€� p�posed develop�flt woulc� r�{uire mi�gation d�€ Eo Ehe c�cn�[ativ� effect of such impact when aggcegated with the simi[ar impacts of fuCure deve[opment in the immediate vicinity o f ihe pc�opc�sed devetoprnent; (�) Size, number, condition and proxicnity of existeng facilFties to be affected by the proposed cfevelopment; (4)1rtaEure anc! quantity of capital i�provements reasonab[y nec�ssary eo mitigate specifcc direcc icnpacts identefied as a consequence of the proposed dev++elopment; (�) Likelihood that the users of the peoposed cf,evelclpment witl benefit from any mitigating capitat improvements or progcams; (6) Any significant adverse environmental impacts of the proposed deveiopment idenfc�ied in the process of complying with the environmentat poticy, FWRe Ti�le L4, or the State �nvironmental Policy Act, RCW 43.2 tCA l0 et seq.; (7) Consistency with che city's comprehensive ptan and any of its subparts; (8) Likeliliaod of city growth by annexa.tion into areas immediately adjacent to the propased development; .(9} Appropciateness of financing necessary capital improvements by cneans of loeat impcover�ent districts; (i0) Whether the designated capital improvement furthers the public healtt�, safety or general welfare; and { t t) Arry other facts deemed by the city to be relevactt (Chd No. 90-39, § t(2230), 2-27-90_ Code 2tHl�l § 19-�3_l cc� coa� .�¢+mwR � e� �cau�u�u.uraca� �v�ia► _ rc �s�;o. aa � 2 2 '� Page i of 2 ��1��' Z i9_iao.oao coS�. ' p�� '1 �i �" . The cost of any investigations, ana.tysis or reports nzcessary Eor a deteiznination of direct impact shal! be borne by the applicant_ (Ord No. 40v9, 3 lf2?-�0►, 2-27-9Q. Code 2001 � l9�t.) 19_l00.050 �titigation of direct impacts. The otFcial or body charged with granting the necessar}r approvat for a proposed dzvelopment shall review an app[icant's proposal for mitigating any iiientifced duect impacts and determine tivhether such propo�al is an 2�cceptable mitiaation measure considering the cost and Iand requirements of the required improvement and the e�t to which the necessity for the improvement is attributable to the direct impacts ot the propased devetopment No official or body st�all approve a development ureless provisions have been made to mitigate identified direct impacts that are consequences of such devetopment. (Ord No_ 90-�9. 3!{LSO). 2-27-40_ Code 200t 3 l9-4S_? 19.1fl0_060 �tethods of mitigation. (1) Tha methods of mitigating idec�tified direct impacts required as a condition of aRy devetopment approval may include, butare not limited to, cledication of land to any public body, off-siEe improvements, on site improvements, and other capital or noncapital n�ethods that may effeciive[y reduce direct icnpacts. (2) [n lieu of a dedication of land or to mitigate a direct impact that has been identitied as a consequ�ence of a pmposed de��iopment, the city ma�r approv� a volunEar� payment agreer�eenk i� deemed necessary, with the developer, provided no such agreement shall be required as a condition of appsaval, aad sE�l! be. subject to the following provisions: _ {a) The offrciat or body approving development must find that the tnoney otEeced wili mitigate oc is a satistaetory a(ternatice to mitiga.te the identitied direet icnpaet_ fb1 Ualess otherwise stinutate� i►t the FWRG opea spaee fee in (ieu pavrrteat s�tatl be made np "or to ptat ' recocdin� Eor land devisions and.stormwatzr ma€ragemene fees shati be mad�e at �n�ineering apprdvat for ptats and buetdm� u�cm�t issuance for all other development � (-� � The payment shall be held in a reserve account and may only be e�pendec� to fuc�d a capital impeo�ement or pco�ram agreed upon by the parties ta rnetigate the identified direcc impact (�# �Thz pa.yment sha(i be expended in a!1 cases �vithin five years oC cotlecrion, un(ess otiierwise agreed to by tha developer. �} �Any payment not expended within fve yeaes o�collection shalt be refi�nded to the property ownecs ot record at the time o�the fefund �sri�h interest at the rate earned in the city's rzsz�e account app(icable at the teme af refund_ If the payment is not expendect within five years d�se to delay attributabie to the developer, the payment sha(t be refunded without interest (e� �Property owners entitted to a refi�d anc�'or interest undec the pro��isiocts ot ttiis chapfer may voluntarily and in writing waive their right to a ref�nd for specified period of time in the interest of praviding the desigcratect capital icnprovement or other capit�[ impc�nvement or program identified by the properiy owner, and acceptable to the city. . , � jgZ,The developec may voluntarily and ia writing waive on behalf of the developer and su6sequent pur�trasers the right to interest and or a refund in ocder to facititate completion of an improcement. Under no coadition shalt such a waiver be required as a condition of approvai. Such waiver shat! be recorded with the county where the properly is situated and sha(1 be bindirig on subsequent owners. (3) The developer or app(icant may choose to pay a fee in tieu of reserva�ion oEall or portions of open space areas required. [f the appiicant o�ers to pay money in lieu of open space and if the city accepts the affer, the a�ount shatl be dete�mined based up�on the square �ootage of open space svhich otherwise would have been re.q�ued to b� provided times the then cutrent ma�ket va(ue per squarz foot of similarly situated property. (Ord No. 90-39, 3 1(22.50. l0 - 32_6�.30), 2-27-90. Code 200 t� 19-�6.) 1 Craa�s refereaces: Parks and cecreatioey Chapter 4.05 FWIZC; st�eets and sidewalks, FWRC TiUe 4, Divisio� [i; ut'►lities, EWRC Title t 1; water quality requi�ements and surface water. sto�nwater a�td o� w��,ays, p�apter 16.�15 FWRC: subdir•isions, FWRC Tide l8; public use easemenu, FWRC t9.05.330; buitding site require�ents, FWRC l9_lO5.0l�; caicutatin� lo[ coverage requicements in the district regulations, FWRC l9_ E 10.020; land modi£r,ation restrictions and requirements, Chapter [ 9_ t?0 f WRC; restrictions regarding fences, FWRC t9.1?i.120 et seq.; site design requirec�ents fo� enviroc�menhally sensitive areas, Chapter 19_1 S� EW[tC_ BC1?AW) Cade Aa+a�dmwrulmpaa Ece Poau ofCdlmiox�[,(J[CCluptQ 19-I00 - pC ].to�f�Oy �e � 4$23 Page 2 of2 ��a��.� ��i��.��° +'�. _. CfTY OF F�DER.-�L �ti`:�Y PL:��lNG CQ�tytiSSiO�t i�to� ecnber =�, 2009 Cit}� Ha(( 7_00 p_cn_ i:ouncit Chambers vtEET[NG !�I[NUTES Comtnissioners prcaent: Eiope Elder, Sarady Long, Law�on Broruon, Tom i4ledhurst, �uid Tim O'�tei[. Commissioners absent. t��terle Pfeifer (excwed) arid 4L•"ayTte Cari�on (excu�ed). Staff presecit: Seciior Ptanner Margaret Clark, �sociate Ptanner Ntatt Eterreca, Ft-annin� Nfanager L,aac Conten, :�sutant City �ttomey Peter Beck«1th, and Adminutrative �sis[ant �I'ina Piety_ _ Vice-Chair Elder eatlerf the meeting to order at 7:Ofl p. m. APPROVa[. UE NL[tYUi'ES The minutes of October 7, 20U9, tvere appraved a; cvcitte� A[m[�rrcE Co�rnr�rrr None ADI�'QMSTR.�T[L'E REPOR'f l�[one COIVIMISStON IiQS[NESS PElBL[C EEEXftnYG - Proposed Deferment of Open Space Ee�in-Lieu and Regional Storms�ater �a:.ilit� Fee Ntr. Herrera deticered the staff presentation_ Staff is recomnienclu�g tt� time vEcoltzction ot'the ci�c•'� mitigation fe�es for open space and storm�vater faciiities bz cocfified. (Federat �t�ay R�uised C�de [F4ti� R!�'; 19.1U0.064). In addieio�, the Commusian u bein� �k�d to eansider cvhethc� to d�fer �oltection of the mitigation feca, namety the Open Space Eee-in. Lieu and Etegionat Stocmwater EacilitSr Fee_ T'he,e are nat mandatory fe�.,. Ttue developer t� a choice of providing open space or a stormcv�ater detention fa �ilcty (not a!! deveLoptr[,ent� are Eequired to prouid,e open sQace andlnr a detention facitity) or paying the mitiga.tion fees. Specificatty, the Comcnusion u asked to consider the fo[lowing (sta.ff recommends option �1 to� bo�hj: • Open Space Fee-in-Lieu !. Ret�n, the current palicy with no change; 2_ Defer the collecEion to Certificate of Occe�an�y; or 3. Defer to the point of sate lZegio�ta[ Stormwater Faci[ity Fee i. Retain the curr�tt policy with no chang� 2_ De�er the callection to Certificate of Occupancy; or 3. Defer to the point of sale Garrett Huffmmc, �I�farter Bui[ders A.isociation - He appreciates the �or[c done by stat� He feels Ehu is not the best time to consider this us�e and he u not p�a,hing to change. Haue4ec, defecrin� paym�enE to th,e point of saie would 6�tp d�relope�s obtain funding. He has ao objection to option � t. �cae�..�gc�w�luw�atea��r u�x.osao� 49 24 Pl:u�ning Commi�ion �tinntas Paga 2 �� Noyember 4. 'OOg P�+��,._�r � Comcnia,iozter Medhur;t commer�ted-that he a�re� with retaeiing the current poliey in regards to the stoamcater faci[in� because that is the point of impac�, but he does aot s� a probtem with deferring rhe op�n space to the poent ofsale. E#e sugj�ted. the city require that the entire fee be paid ctith the firsE occupancy_ L(c Hercer� cep(ied that it u(ikely ttie iov cvou(d be satd before a�tructure u bui[t and deferring the fee and cequiring the tirsE c�cc�ancy pay the entire fee �s means the entire fee would fali upon one purcha�er. Commb,ioner Bronson comcnented that he does not see a problem ec�ith collectin� the open space piecem�l. [t Lcould enean a smaller acnount at one time, but the payments woutd cortie in over a tonger period o E tim� i�ir. HeFrera responded that the fees may aniy be used evithin a singie park planning area in wfiich they are co(lected and tEeey must be used tivithin tive year. [t is untike[y that a�mall amount of money would be fc�ble. Commusioner Long as�ed if the afr►aunt of the Eees would change over time. i�tr. Herrera rep[ied that he does not trno�v for sure [t has flot been [egally tested if int�ation can be added to mitigation tees. Mr. Eie�t�nan comitiented that the city could considec an adminutrative fee (oEone to nvo percent) to handle the defecmen� Commis�ioner Long �va; concemed that in the proposed amendments to 19_ lOQ.060(2)(b) to codify the policy ot ho�v fee� are preaentty callected, it ends w�ith, "_ __ oc as othe�vue determined by the Public Worl� Director." He is concu�d that thz director coutd use this to defer the faz, �vhich is opposite oEthz staff's recommendation Nis_ Ctartc commented that statf added that phrase because tfiey cannot anticipate at( possible scen:uios. Commusioner Niedhurs[ ,noved (and it ctias secandect} w recommead adoption of Option #1 (cu�rent po[icy) in regacds ta the open space fze-in-Iieu, tcith the addition af the n�4 �a �'�e codifyi�g i�o�c• fees are col(ect�d Commissionec Cong rnoded (and it w�a; secondec� to amend d� motion by removing the phase, ".__oras otherwise det�minzd b�- the public �Vortes Director," from EWRC l9. (U0.060{2)(b)_ Cammissioner O'i�tzii do�n't s�x a pcobtem ��ith the (an�e_ He f�ls it ma�es th� rz�lation more tlexibte, which he tik�. Co�n�nusioner E.ong conunented that he feeL� that the language u incon,utent u�ith the intent of the staft s ceco�unendatioa Vice-Chair Eidec calted tor the vote on the amendment [t carried unaniiaouw[y. Vice-Ct�ir Elder catted for the c on the motion as amended [t carried uaaaimousl}�. Commusioner Bcansonmoved (actd it cras seeonc{ed} to reco�uneetd adoption of Option # 1(current poticy) in re�ard, to the cegionai starmwater facility fe� �cith the aclditioa ot ttie new I�nguage calif}nng how fees are coltected, but detetin� the pt�a�e, -�.. _ or a, och�ec� ise determined bc� the Pu6tic 4VorGs Director_'' from ttte pcoposed. FF+VRC t9_ [Ofl.06Q(?)(b). There was no di,ce�s�ion Vice-Cfiaic Btd�er catted for fhe vote on the motian and it carried unani�w�c,iy. The pubtic hearing was ctosed. �1DDCT[ONrIL BUSINESS Mr. Con[en s I��at since tcvo Commissioc�rs aze unabte to auend tonegtit's mzeting, staff decided et aoutd be best to c�efex the etection of o�cers untii the next meetic�. A meetiag cou[d be held just for the election if there is o�o other business in December. AUDIENCE CoM1�tENT i�(one ADJO[JtZ1Y The m�eeting was adjoucned at 7:50 p.m K e�.�c�.�,,.:mow�.�as� u�-ay.a� 5a15 �� _�..- ORD[�vaiVCE �10. AN ORD�tA��iCE of the City of Federal ��`ay, �Vashington, relating to the timing of open space fee-in-lieu and regioaal storm�r payments to the city: amending FWRC 19_t00.0�0 (,-�mending Qrdinance �Io. Ord. Ya 90-39} WEIERE�S, the City recognizes thz need ta periociically modify Titie l9 of the Eedera.t ��Jay Revised Code (EWtZC), �`Zoning and Deveiopmenr Code," ia order to conform to: state and fzdzrai Law. codify adminisirative practice.s, ciarify and upda.te zoning rzgulateons a� deemed nec�.ssary, and impFOVe tfie effcciency of the regutations and the development review process; and WE[EREAS, this ordinance, conraining amendment, to ctevetopment rewla.tioni and the text of T'itie (9 EWR.C, t�as coc�lied with Process VE re�iew, chapcer E9.80 FbVRC, puFSUant to chapter l93� F�VELC; and 6VH�RE�S, the existing methods ot auti�ation ordina.nce dc�es ttot addreas the current adminutrative potiey foc the timing ot open space Pze-i«-ti�u and ce�ioceal stormecater fee paym�ents within the City ot Fed.era! 6Vay, and 4VE[EI2EAS, it u in the pubtic iatere,t For the Cit�• Councii to adopt ne�s amendmeats foc the F�VRC s,vhich estabtuhes derelop�nent reaulation� tor ttte tinun� of open �pa.ce tee-in-lieu and cegicu�aE stormwa.ter fee paycr�ents witEiia the City of Federal 44`ay; an�E �VHEItEAS. ac� Environmenca( T'hreshold Deteccnination cvas aot necessary �a� the policy is retated so(ely ta_gaveracr�ental procedures, therefore categoricalEy e�cempc from the Sta:te Enviconmenta.l Pa�icy Act; and WHERE�S, tfte Plac�nirtg Commission property conducted a duly naticed peeb�lic hearing on these code amendmeats on Novefnber 4, 20t?9, and. fonvare�d. a recommendation of appro4 to codify the existing practice to the City Coe�ncit; and WEIEl2EAS, the Land Use/Tcansportarion Committee of the Eederat Way C�ty Councii consid,ered these code a�endn�enls on rtovember ! 6, 20U9, and recommended adoption af the text amendmeats as recam�eadecl by the Planning Coanmission; OrdiRance No.09- Page 1 oj d Rev i:h9 L(i 51 26 �� PA�� Z �� NOW, TE[E[�EFOiZE, THE CfTY' COUNC[L OE THE CITY OF �EDEtL�i.. 6VAY, W;�SHI�IGTON, DO ORDt�t�t �1S EOLLOWS: Section t. Findir�.i. The Ciry Councit of Ehe Ciry of �ederat 4Vay matcc� the foilou ing findings with respect to the propased amendmenti. (a) 1'hese code amendments are in the best interest oF the r�sidents of the Ciry and wiil benefu the City as a cvhole by providing assuran,ce the ciry receives mitigation payments for c�en spaee Eee-in- tieu and cegional stormcsrater faciliry fees_ ' (b) These cod� amend�nts compty with Chapter 36_70 a RC�V, Gcowth ib[anagement (c) These code an�rectdments are consistenc with the intenc and purpose oE Titte t9 FWRC and wiil implement and are consutent cvcth the appticabte provisions of the Federa[ Way Coc�rehe�ive Plan (d) Tluese cod� amendmenrs bear a subscantiat �eta.tionship to, and co prot�ct and not adverse[y affect, th� pu[itic health; sat�ety: and �v�tfare: ;, . (e) `fh�se codz acr�enctment, fta4=e fz�tlocved the propee Fcocediere required uni�er t[►e EWt�C. Section 3. Canc(wions. Pursuanc to chaptec l9.80 FWRC and chapter i9.3� FL�/E�C, and ba�d upoa the recitaF� and ehe tindiug,,.,- �er tocth in Section t, the.Federat tVay City Cauncit ara.kes the fotlocti•ing Conctuyions oE Lac� �vith respect to th� decisiona( ccicetia necessacy for the adoption of the propo��d amendmenes= Ea} 1'�e pro�osed E�R� atnendcri�ents are consisfent with, aad substacttialty impl�ment, tlie fo![oc4ing FederaE Way Coenpr�hensicre P(an goaic aczdpolicies: CFPI - Proklde needed public fa.citities and services to irr�lement the Federa! Way Con�rehec�sive Plaa C�P6 - Protect invesmnents in existing facilities through an appropriate levet of maintenance„ anci Qperatioa fund'eng. CFP13 - Proride the capitat facitities needed to serve the future growtt► auticipated by the Federat '4Vay Corr�rehensice Pian Ordinance No.D9- Pqge 3 o 4 1teY '�I � LL� 5�� .�3R�i� � � PQ�i�__�__�� .._.._ (b) The proposed FtVRC amendinent bears a substantial relationshi{3 to the pubtic hea.lth, safery, and �velfare as the curcent point of cotlectian poticy eruures payment, protects lece! of service and procides consistency_ (c) The proposed amencimenc is in the best incerest af the public and the residents of the Ciry of Fedecat �Vay � the current policy a�ures payznent oF regional stormwa.ter fees at the point of iu�act and assurance that oQen space fee-in-tieu u paid Section 3. FtiVRC L9.lQO_060(2) u h�reby amended to read as fo(locvs: [n tieu ot dedica.tian of land ar to mitiga.te a direct im�act tt�t Gas been identified as a coruequeRCe of a prapwed decetopment, the ciry may apgrove a voluntary payment agree�ent f deemed necessarv, with the deveEoper, provided no such agree�nt shall be required as a condition of approva.I, and shalt be subject to the following pcavisiom: S�ction �. Ctwpter 19.100 ot the E�VRC u hereby amended. to add a necv ;ectioa 19.100.060(b) to r�d as tot[ot+: Un(�s othe�w�ise sciputated in the F4VRC open�ce Eee-in-lieu ��ment shalt be made prior to. ptat rrcordin�tor tand division and �torm�aater mac�.�ecnent fees shal( be r�ade at en�ineeri.n� appra� foc ptats and baitdinzpermit i�suance for at( other development Section �. Szc'erabitit4_ T1te provuiotu ot thu ordinance are dectared sepafate and se�erable. Tite invatidit�� of any c[ause, sentence, para.graph, subdivisian, section, or portion of this ordinanc�, oc the invalidity ot the application thereof to any person oc circumstance, shatl not aE�ect the validity of the remainder of the ordinance, or th� va.tidity of its apptica.tion to any other persons ar cucu�mtances. Section 6. Co�reetions. The City Clertc and the cod.ifiers of this ordinance are aueho�ized to make necessary correcrions to this ordinance inctuding, but not limited to, the carrectioa of scrivener/clerica.l errocs, references, ordina.c�ce nu.�ering, section,�subsection nucnbers and any references thereta Section 7. Ratifcation. ?lny act consistent with the authority and prioc to dte effeetive date of this occticeance is hereby ratified and at�trmed.. Ordinance Nn. 04- Pagz 3 of � �. �•� tu 53 28 E��' �� Section 8. Effective Date_ �I'hu o�dinance siialt be effectic�e fve (S) days after passage and publication as provided by law. P:�SSED by the City Councit ot the Cit� of Federd[ t'Vay this da.y of , �009. CtTY OF EEDER..�i. WAY MAYOR, J�C[t DOVEY ATTEST: CTTYCLERK, CAROL NtCiVE[LLY, CNtC APPtZOVED ?�S TQ �'ORi4[': C[TYATTORNEl�: P�T'(�fCL4 � RICE{.�RDsOI�i FILED �VITH THE CCfY CLERIC: P.ASSED �Y'fHE CITY CQUNC[L: PUBL4SHED: EFFECTNE DATE: OItDQ�tAhf�E NO:: K,.2tk1D Code �mmdme�ttmpact FaPuirt ofCc�9eaioad.ITECUx 75a Fs P;ymmt Onft O�.duc Ordimance No.09- Fage 4 oj-f Rav T+�'19 LU 5�9 EXHIBIT II DECEMBER 7, 2009 LUTC MEETING PACKET (ABBREVIATED) 30 -:- � GiY OF � �`e��rat 1�'a � L�YD USEfTRA1YSPORTATI0�1 COMIViITTEE STAFF REPORT n�rE= December !, 2Q09 TO: Chair Linda Kochmar; Committee Members !im Ferrelt and Dini I3uctos VL�: Brian LL'itson, [nterim City• t�tanager �� 1�( FRO:►t: Greg Fewins, Director ot Community ve opment Se��es il�tatthew E[erfera, Associate Plann�� Stie.tEGT: Eo(law-up to No4ember 16, ?009, Land Use:•"Cransportation Coct�mitte� (LUI'C) Meeting regacding the Defecmenc ofOp�n Spacc Eee-in-Lieu and Regional Stocmr.vater Faci(ity Eee t�IEEi'[�G DATE December 7, 2009 a. POL[Cl' QUES'ftON Should the City adopt a policy to deter the payments ot opzn space tn-in-lieu and regionat stonnwater facility fees to a ti� later in the development process, or should the city cnaintain it, current paticy of cotlection of open space fee-in-lieu prior to p(at recording aad collec;tion of regional stonnwater fees priur to engineering approca!? Further, shautd the City add ianguage to Fecleral Way Re�ised Code (E6VRC) Chapter t9. iOQ, "�fitiga.tioa uf Dec•elopment [mpacts" to codiFy the existin� policy, if this option is cho�n:' B. B�etccROU�o The Land UseiTranspoctation Cammittee ��U coruidered the above policy question on Monda.y, �'ov�mber t5, 2009. The committee requested written respon,es t�om Sam Pace o� the Seattle King County Realtors and Garrett ( of the Master Builders :�ssociation outlining their respective oraanizations' position reaacding the deferment of regional storm�vater fees assessed by the city. The committee directed staff to obtain and then forw�rd those responses to the December 7, 2009, LUTC meeting_ As stated in the attached fetters (Exhibits � and 6) Mr. Pacz and Ntr. Eiuffman have requested the ciry defer the collection of regional stormwater fees to the point ofsale for single-famity r�sidential der�lopment and Certifcate oFOceupancy forcommerctat and m�lti-family clevelapcnent EXHfBIT � �. , � � � : � . � PAGE..�O�` , , � ` . Page t of ? ' � 31 31 The fo(to�ring responds to a question raised durin� ttaz �Io�rember l6 LtTCC m�ting r�acdiag sp�.�:itic c;ost� of the regioc�a! stormwater faeiiity f�e. List�d in the table below arz rzgional pond� that can be ut�tized by devetoprnent to pro� ide ot�site stormw•ater fto�c. To utilize thzse ponds, the decelopcnznt must 6e �vitttin one of the three basins and pay the as�ociated per acc�age fee. The fee- ia-lieu u calcutated based on the entire area ot the parcels being developed_ C. PL�PF�tt�i6 CO�t�tISSIOY RECElNi1�iENDATtON The cit;c�'s Ptanning Comcnission recommends the city maintain its current policy of colleetion of open s�ce fee-in-lieu prior to pl�t recocding and colleetion of regiona! swrmwater fees prior to engineerin� appcovat. Further, t�►e t"[anning Commission recommends adding ian�'-�e to E�'VRC Chapter t9.100. "N[iti�ation of Development Empacts" to codify the existing policc• as sho�c�n in the draft aduption orduiance. Pub[ic �tiortcs staft'eoncucs with tfie Ptanning Commi�ioci recommenda�ion that thz regional storcnwat�r fze col(ectiun policy remain at engineering approcai clue to the following: Drainage impacts occur as soon as site ctearin, begins_ T�he derzlopc:r �s not required to utilize d�tCntion capacity within a regionat pond. Should the developer choose, on�ite detention can be wed to meet tlow controi requicements. Ha�'ing a d�c•elopment within a basict that drains ta a regionat facility allou•s the d��ctop�:r tu seiect the [east cost option. The Surface �4`ater Utility witt continue to make payments of approximatety $198,000 per year on the Publie 6Vorks Teust Fand laacu, used to construct the [�ittx Cornec t'acility and c�nr•eyance improvements in the associated �.vatersh�i thru 2019. � ��c� ��a.�r� �« r..�.,�cm+� curc��x�o� �urc �o..+� ' This ran�e i, ba�cd oee the subjr.ct propzcc}'s disffincC W tha facitity. Tl�a furthar the pruptrtc u �COm thz facility. d►e 6i�r titz cost.'fh�'�a due�"�"i��,.i��i�is�cture improvesr�nt costs to comey the �torm.vazer. ,� �� .. ° � �•: �t Page3of? ��'�' I � . .�... � � � ` �w.. ._.. �, . . .. �� PAGE. Z OF� � � 1��$�� }��$ A S S 0 C 1 A T I 0 N �� \a`°�cnher 30. 2Q09 Linda Kochmar, Chair Federal Wa}� City Couneil I.,UTC 33325 8th Ave South P� BoY 9718 Fzderal VVay, WA 98063-9118 ',ta�:�: P,tiiluea�s :\s.rt�ciatio€: :,i kir�� a;iJ 5nahcjttii;�� r:i�?�f�:ir} 33= ; i.';t<: :i•.-�_ SE t3�1::1'i:2. �\�tt�Pi;1�;�Qit �i'L1s�=� , #2:; a�i-?v2r?; tNt)f3) �'_'-1zi;9 .� E.-�?ij ti-#ti-793.i c� u t!I<� tit; rii;y�(sLfSyi3l.;�:�4Jt3 _- DELIVERY: e-mai[ cfo Tiaa Piety at: tin�i.pie� C.��ci[poffeci�r�lw� _� RE: Timin of Cotiection o tormwater Fees f t �c�c,� T � /ft+�f, Dear Ghai hmae, Cou�1�'�"'mbe rreil and Couaci�erri�e I]�ucios: On behalf of the tnore than 3,9Q0 members of the Master Buitders Association of K�ing an�l Snohomish Cotrnties fMBA) i am v`rriteng to yau (as yau requested at the tnost recent meeeing of the Land [;se and Transportation Committeej to �oitow-up on the issue of �iming for eoliection of stormwater fees. As you know, the request for the City to defer the coileceion of Storrr�waker Fees unti( much later in che construction proeess is part of a series of recommendations I made to the CiCy last January for locaI Economic and Housing �timulus Uptians. My pael�ag� of r�commendations included a simil�er request regarding oCYter fees imposed on newiy eonstructed homes - s�tch as the Transportation icn�act Fee - and we appreciate the action the City has taken receatly regarding ehe Transport�ztion Impaet F�e_ With regard to the deferring fhe coltection of the Stormuater Fee untii later in ttte cot�struction process, please permit me to make four points to augment and clarify my remarks $t the Ptannin-g Commission: First, to rriy kno�vlecige, I do not hdv� Fnembers with projec�s eurrently in the devefogme�tt pipaline in the City of Federa! Way. That is the reason F was willing for the tnat�er tc� be deferred untii this coming summer (along with the other reniainin� rzcommendations in the Econamic and Housing Stimulus Qptior�s}, rather than actin� immediately. I unders[and t�ere was some confusion about whether ar not we would support � delay of two years. We would not. Beeause we dv not have projects in the pipeline in Federal Way at the moment, I felt a detay ur�til tt�is sumrner wa; probably doable, aut not a detay of two years. 33 �� PAGE.....�_�� 2- MSA Stormwater Coflection Fee �tr Page Two 11�30j2049 Second, one of the reasons it'ts important tc� move forward with our ree:ommeadations in Ecanomie and Housing Stitnulus Options is that builclers face a huae hurdle tryina to ra'tse capital when they approach a l�nder fQr groject firtancing. The less a buitder needs to raise up front - and can pay �t the �nd af tt�e eansttuction grfacess - the more likely helshe is able to obtainutg ftnancina. Anafher �ay to view it is tfie loan goes on the new hacneowners eredit card not the builders. This c�ot onlyhelps tlze Bu�lder; it also helps the City becaus� when new pc�1ects bet built and sald they: ■ Increase �he City's �roperty tax ba�e ■ Provide neuf consttveti�an grttperCy tax r�venues in tlze year of cQnstrucrian in excess of the 1 �/a lir�tit ■ Pravide sales E�x r��enues on cc�nstruetion materrals (if the canstcuctioi� cna[�rials are purchased in the �ity or deliver�d. tQ the constiuction site by the materials-s�lter, a�td ■ Prr�vide new RE�T re�enne5 �o the: City. Third, the City would be able to ensure collection by a tien on �itle that would be due upon the �ale at the home. Twa adcl.itional rnatters shoutd be noted here: ■ In the absence of some o�ther rrtechanism Eo provide "certainty of cc�llection" an �nult�- Famity r�ntal pcojects aad cammereial project�5, �ue would suppc�rt the: Stc�rmv�aeer Fee bein; due and pa�able as a cQndition for issuance of a Certifeat� of t?ccupa�acy {CO) an multi-famiiy and cammereial pcojeets, and ■ In th� event Ft may be Qf as�sistanc� to staf� and the Councii, we at�t�cipate providing you wittt a dtaft f.�m�Iate fot � City� Lier� far Stonn�vater Fees Due Upon First Sale that may be af so�e assistanc� to your Eity Attarney's office in i�ripleEneating the ord'tnan�. Fourth, I agree with Mr. Pace (with the REt�LT�RSC�) tha[ a gaod reason for the City ta rrtove far�vard at this time is that if Federal Way has this item in place, it u�ill hetp to make t� Cit� af Fedecal Wa�r mc�re atttacti�e as a p�ac� fvr lausinesses - includin� builders - to invest ne� �rivate capital compared to some ott�er city that has no� taken advanta�e of this opportunity. Thank you far the opportuniry ra provide- these adeiitional comments. Shouid vou k�ave at�y questions ar cQneems, please feei �ree to contact me at {?U6) 60�-8877 or �huf€rnan �mbaks.eam. Sincerely, v.�/� . � '""� E'rarrett J. Huffman South Kiclg & Seattle Manager EXl�1�l�' � - �A�� -Z �� 34 SEATTLE KINGCDUNTYREALT ORSO 12� SE 32nd Street Suite 100, Belle�-ue, ��'ashington 9800� 425-974-1011 (Oftice) • (Fas) 425-9?-�-1032 htt�:i`r'cv�c-�c.\l�'}Zealr.c�t-.cc.jrt3 � REALTOR� TO: Hon. Linda Kochmar, Chair, Hon. Dini Duclos & Hon. Jim Ferrelt Federal Way City Council LUTC e/o Tina Piety (Tina.Pietvt i�CitvOfFederal��'ac•.coni) FROM: . !�_ DATE: Sam Pace, Housing Specialist Seattle KingCounty REALTOI�S� Timiug of Collection of Stormwater Mitigation Exactions lvovember 30, 2009 Dear Chair Kochmar and Members of the City Council LUTC, t Ut ? At the meeting of the Council's LUTC on November 16th you requested letters &om our Association and the Masterbuilders regarding our request (in support of the Masterbuilders' Recommendations for a city economic stimulus plan (Economic and EIousing Stimulus Options) that the City defer the collection of Stormwater Fees until the end of the construction process. I've spoken with Mr. Huffinan and learned two things that I think address and reconcile the apparent divergence in our views that confronted the LUTC on November 16th: In my testimony before the LLTTC I indicated, respectfully, that I did not support waiting two years to address the issue of the timing of the collection of fees for cost recovery of stormwater facilities that are already in place. In speaking with Mr. Huffman he indicated that he too does not support a delay of two years. Instead, he indicated he was agreeable to waiting until this summer, but only if the remainder of the items in the MBA package of recommendations for a city economic stimulus plan were addressed at that time, and also because it was his impression that his members do not currently have any projects in the City's development pipeline that would benefit immediately from adoption of the ordinance. Second, Mr. Huffinan shares my view that in order to attract such projects to Federa.l Way, it would be helpful if the recommendation for deferral of collection of Stormwater Fees were adopted now. My view, which I understand Garrett supports, is that the City needs to act to establish its competitive position now, as soon as possible, ra:ther than waiting for the real estate market to recover and then trying to make-up ground in an effort to position the City as a preferred destination for the investment of new private capitaL As you know, real estate will be key to the state, regional and local economic recovery. Historically, approximately 24% of the State's GDP has been tied to, and dependent upon, real estate. For the City of Federal Way, the City's sales tax on construction materials, REET �� PA�E�� 2. _ 35 TO: Hon. Linda Kochmar, Chair, & Federal Way LUTC Members, c/o - �ina-E'ic��°:uCitvOtFederalW'av.c�m ERO�•i: Sam Pace, Housing Specialist, Seattle KingCounty REALTORSOO RE: Timing of Collection of Stormwater Mitigation Esactions DATE: Novem6er 30, 2009 PAGE: 2 of Z revenues (�vhich help to fund many of the City's capital costs associated with infrashucture improvements ta accommodate economic growth), and construction-related property tax revenues in e�ccess of the 1% limit, are all dependent upon the recovery of real estate. As I explained in my testimony to the LUTC on Novecnber 16th, REALTORS� supported collecting the new transportation impact fee as late as possible in Federal Way, as long as the City required the builder to clear the City's lien from the title to the home before the lst buyer of the home received title. Delaying the collection of that payment until closing minimizes the impact of the fee on both the builder and the new home price (because it elirninates the interest carrying cost on the fee). The same rationale applies to Stormwater Fees, only more so. VVhy? Because the Stormwater Fee is merely for cost recovery in connection with facilities that have a(ready been constructed and are already in place to serve the new development. As a result, the timing of the collection of the Stormwater Fee wilt not affect water quality or the management of stormwater beeause the City's two stormwater facilities have already been constructed and are already in-place. Given the uncertainty of how long it will take the new construction housing market to fully recover, the proposed change for Stormwater Fees collection would help to encourage builders to begin building sooner rather than later (by minimizing the potential for longer interest-paying holdin� periods on front-loaded fees) and help to enhance the ability of projects in Federal Way to obtain financing. With regard to the staffs concerns about "certainty of collection" on multi-family and commercial projects, we concur with Mr. Huffman that: !n the absence of some other mechanism to provide "certainty of collection" on multi- family= rental projects and commercial projects, we would support the Stormwater Fee being due and payable as a condition for issuance of a Certificate of Occupancy (CO) on multi family and commercial projects. If you have additional questions, comments or concerns, please do not hesitate to contact me. Sincerely, SEATTLE ICINGCOCIN7YREALTORS� �+ f'� Sam Pace, Eiousing Specialist 29839 - 154th Ave SE Kent, WA 98042 SamPacefrz•Concentric.net (253) 630-�541 cc: David Crowell, JD, SKCR Director of Governmental & Public Affairs � SKCR Governmental Affairs Committee E��I�� — PA�E 2 �� -. 36 EXHIBIT III NOVEMBER 16, 2009 AND DECEMBER 7, 2009 LUTC MEETING MINUTES 37 City of Federai Wa�� City Council Land Use/Tra.nsportation t�ommitt�e November 16, 2009 5:30 PM City Hali City Council Chambers t�1EETING SUI�IlVIAR'Y Committee Members in Attendance: Committee Chair Linda Kochma�r and Committee Members Jim Ferreii and Dini Ducios pre�ent � Council Members in Attendance: Councilmzmber Jeanne $urbidge Staff Members in Attendance: Director of Comm��nity Developmen.t Services Greg Fewins, Deputy Public Works Director Mazwan Salloucn, Assisqnt City Attomey Peter Beckwitt�, De�uty Public Works Director Ken Miller, SurFaee Water Manager Wilt Appleton, Planning Manager Isaac Conleq Senior Planner Mazgaret Clark, Associate Planner Matt Herrera, Street Systems Project Manager Brian Roberts and Administrarive Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the c�eeting to order at 5:30 PM. 2. PUBLIC C011�Il1�IIENT There was no public comment. 3. BUSINESS ITEMS Forward Topic TitldDescription to Coancil G!! B. C. Approval of the Navember 2, 2009, LiJTC Minutes Committee approved 1Vovember 2, 2U04 LUTC minutes as presentect. Moved: Duclos Seconded: Ferreli Passed: Unanimousl�, 3-0 Pacific Aighway S HOV Phase IV — Qwest Joint Construclhon Agreement Bcian Roberts presented infomiation on this item There was no public comment or discussion. Mr. Roberts noted that the RCW that allows for the utility ��eimbursement has been law for a very long time. Committee forwarded Option #1 as presented. Hoved: FerreH Seconded: Ductos Passecl: Unanimousty, 3-0 Pacific Highway S HOV Phase IV -100% Design and Authorization to Bid Brian Roberts presented infocmation on this item There was no public comment Committee Member Duclos asked about the ramifications of having the candemnarion process delayed. Mr. Roberts stated that if the condemnarion process is held up, it could delay the advertise�nt date of the project. As far as impacts to project costs, Deputy PW I3irector Salloum stabed that costs may be impacted if the project advertisement has to compete vcnth other projects being bid in the spring. That may result in a tugher bidding climate. Committee forwarded Option #( as presented. 1tiloved: Duclos Seconded: Ferrell K12009 Fa roim of CollectanlPlaaaiog Cam�ision� I I-t6-09-Minuta.doc . 38 Passed: Unanimausty, 3-0 �� ` PAGE_1_.0�_3_._ N/A ivv2oo9 co��t 12/1/2009 Consent Larid UsefI'ransportarion Committee Page 2 November 16, 2009 � On-Catl Vactor and Jet Rodding Services — Contract Egtension 12/1/2009 r,.,,�o„* E. F. �r �:�caa�n�u� �e�coec.�en��c��a�i �_is.o9-M�.a� , _. ,� ,_, �. , ` 39 Wil1 Appletoa presented information on this item There was no public comment or discussion. Committee forv�arded Option #1 as presented. t�Ioved: Duclos Seconded: Ferrell Passed: Uuanimously, 3-0 Proposed Defermeat of Open Space Fee-in-Lieu and Regiouat Stormwater Facility Fee Matt Herrera pres�ted information on this item There was one pablic comment Sa�n Pac� Assvcia�ion of Realtors — Mr. Pace invited the committee to look at this issue from the standpoint of Ieading the communig, �nd developers out of the economic recession. Mr. Pace supports Option #1 on Open Space Fee-in-Lieu, but requests that Council considers deferring the Regio�l Stormwater Facility Fee to the point of certificate of occupancy. Mr. Pace feels that deferme�et of SWMfees meets the developer on middle ground and does not cost the developer so mueh money at the front end of a project. Committee Member Duclos asked for c(arification. She believed that staff forwarded the P(anning Commission's recommendation of retaining and codifying the City's present process of collecting for open space fee-in-lieu prior to plat recording and regional stormwa.ter facility fees prior to engmeering approvaL Mr. Herrera confirmed this to be correck Cha�r Kochmar asked what the average fee-in-liea was for a new home. Depury PW D'uectoc Miller stated t6at it is hard to approximate an average fee—ia-lieu; but that it was importaat to note that the developer always has a choice; they can pay to make tl�ir own improvements or the can pay the fee for ti�e City's option. T'he City's oprion is a savings for the developer. There was moie discussion back and forth between the committee members, sta� and Mr. Pace on the various options for collecting the regiona.l stormwater facility fees. �It�ugh the Plaoning Ca�mmission had the support for their recommendation &om the Master Buetders Associatian, there was no one to speak on their behalf at the LUTC meeting. Committee member Ferrell muved #o defer t6is topic to the December 7, 2009 LUTC m�Eing. bioved; Ferreit Secanded: Duclos P$s�d: Unauimous[y� 3-p Code Aaaendment Retating to the Size of Health Clubs in the Neighborhood Business Zone; Update on the 20Q9 Planning Commission Work Program Margaret Clark pcesented information on this item There was no public comment Committee Member Duclos asked if this task is added to the 2009 workload, how Long will it be until it coa�es back to the Committee and Councit for adoption? Ms. Clark responded that SEPA is to be issued on 12/5 and that it will take approximatety ta+o and one half �nths before seeing this item back at Council for adogtion Mr. Fewins added that 24 Hour �taess supports this added work program request and is in favor of seeing it adopted as soon as possible. Ms. Clark handed out copy of November 2, 2009 support letter from 24 Hour Filness. Committee forwarded Option f�l as preseated. i�Ioved: Duclos Seconded: Ferreii Passed: Unanimousty, 3-0 Deferred Back to LUTC 12l7/2009 12J1/2009 Consent EXHIBIT � PAGE_? _.OF_3 __ Land Use/Transportation Committee Page 3 November 16, 2009 G. Ii. Request for Direction to Appty for a GI�fA Update Grant from the Department of Commerce Mazgaret Ciark presented information on this item There was no public comment or discussion. Passed: Unanemausly, 3-0 Committee forwarded Option #1 as preseated. �+Ioved: Ferreli Seconded: Duclos 2009 Code Compliance Program Update Greg Fewins gresented information on this item Code enforcecrnent staff was commended for all of their ha�d work and outstanding service. Committee member Duclos suggested holding trainiag for place�ent of signs for politicat candiclates. Staff is already worldng on this. No motion was necessary. Item was for infocmation only 4. OTHER There was no fiuther discussioa or additional topics addressed 12l1/2009 Consent N/A Information Only 5. FU'1'URE MEETIl�tG � The next regutaz LITTC �eting wi11 be Monday, December 7, 2009, at 5:30 PAr1 in City Council Cham6ers. 6. ADJOURN The meeting adjoumed at 6:40 PM. Attest: COIVIIVITITEE APPROVAL: Linda Kochmar, Chair Jim Ferrell, Member Darlene Lelklasber, Administrative Assistant II Dini Duclos, Member �� AGE..�O�= K:�2009 Cade M�aidmawl(m{act Fee Pant ofColkaion�Plaiaoig Conmitio�Al 1-16-09-M6wta:doc 40 City of Federal Way City Council Land Use/Transportation Committee December 7. 2U09 . City Hall 5:30 PM = Ciry Crnuicil Chambecs MEET[NG SUMMARY Gomeuttee Members ia Attendaoce: Committee Chair Linda Koctun� -and Commi�ee Membets fim Fe�rdt a� Dini D�los . Cenncit Members iu Attendance: Councitmembec leanne Burbidge Staft' Membe� i� Attend�ace: Dire�tor of Parks, Public Works a� Emergency Manageme�� Cuy Roe, Dicectoc of Community. Devefopment Services Greg Fewins. Depury Public Works Uirector Marwan Salloum, Assistant City Attorney Peter Beckwifh. Surface Water Manager Will App(eton, Planning Manager isa�c 'Conten, Senioc Plan�c Margar�t Clark, Associate Pt�ncier Matt E{erceca, Ciry 1'caffic Engineer Rick Perez, Stc�t Systems Project Engin�r Brian Roberts, Sh'eet Systetns Pmjeet Engineer John Mutkey and Administrative Assistant [i Darlene LeMaster. _ 1. CALL TO OR�ER Gom�aittee Chair Kochmar cali�i the maeting to ord�r at 5:30 PL�. 2. PUBLIC CUMMEi�FT T�er$ was one public contmenh Ncuicy Co�s. Federa! Wuy —�fs_ Combs spoke again. advocating for a four-way� stop at SW 304"�' Street amd 2I" Avenue SW, cominenting thut she felt cu thougl� stafJ`' hasn 7 done anvthing regardeng thu continue�d reqr�est. - Ms. Combs also ieanded out pictures njeach corner of the subject intersectton to the Committee. At Committee Metnber Ductos's request, shat� addressed the Committee, stating that action on Ehis item t�as been taken- Staff has aireadY gathered resutts from traE�ic counters and is in the process of co�nparing Ehe data fr�om the traffic counters to the data gatheted from radar surveillance. Staff will return to L[fi'C once they have interpreted all data and wil! repoct their finding and any recommendation, if wamanted_ 3. BUSINESS ffEMS Forward To�ic TitteJDescriptioa to Couacll A. Approval of the November 2, 20A9, LUTC Miout� N/A B. C. Committee approved November l6, Z009 LUTC'minates as preseated. Moved: Duclos Secoaded: FerreN Passed: Uaaaimously, 3-0 2A'� Ptsce SW Emergency Stide Repair — Project Acceptance aad RetAiaage Release ivis2oo9 Cons�nt Jotui Mulkey presented infocmation on this item. There was � public commen� "tLe Committee thanked stat� for working to bring this project in under dte appcoved budget- Committee forwarded Optan #1 as preseeted. Moved: Ferreli Secoaded: Ductos 2010 Street Sweeping Services Contract — Bid Award Passed: Un�nimoesly.3-6 iv�snoa� Coosent -• 11�acyv,an Sat(oum presented information on this item. There was no public comment Mr. '$altount noted that the emergency call out Qrice varied amQng the bidders; therefore, � Q1LfJT'�L[JTC Aimdas aod�Supdnies 3004.12-07�9 Minmes-dx 2 �X �� . 41 PAGE.�.O�_3 ___ Land Use/1'cansportation Committee Page 3 �� 7 • �� reduction of emergency call out hours to meet the origina! budgeted amount was dependent on the price:�e� catl out from the respective bidder. Coa�miEtee forwarded Option #i as presented. Moved: Ducbs Seconded: Ferreit Pnssed: Uaanimousty, 3-0 D_ Pxcific H�ghway Soath HOV Laues Phase IV — P5E Gss Jeiet Coastroctioa Agreee�eat 1?Jl3/2009 Brian Rol�erts presented information on this item. There was no public co�nment Mr. Consent Robares noted tE�at the insueanee requireenent in die contraeE applics to both the conaractor and atl sub-contcactors/utifities doing work associated with the �'olect. Committee ferwarded Option #i as preseated. Meverlc 'DncMs Seconded: Ferrei! Psssed: Ueaeimonsty, 3-0 E. Pacific Higbway South HOV Lsaes P6ase [V — Cemc�st Jaat GeQStrYCdo� Letter of t�edera#anding' ��etr�rts presented info�enation on t�is ite� The�e was ne� pubiic c�ominent or E1"��et. � Cammitt�e forwarded Option #! as preseeted. M�: `Ferreil Secooded: Decbs �assed: Uo�imeaaly, 3-0 F. � Preposed DefermenE ot Opea Space Fee-ia-Liea aad Rcgioual Sbcmwater Facility Eee Mat# Hetrera,presented information on this item. Thece was one public commea►G Sarar Pace. Association of Realtors — Mn Paee pointed out the be�efrts to the Cit� by dejerreng tlre stornr►vcuer Facility-Fee to the poent of sale. Coa�m'[ttee Member Ductos stated that she fett a sense of confusioa on the Planning �nission's r�ommendation and b�cansc of tfiat, would pecscueatty like to refer the item 6actc to the Pf�nning Commission for further ctarification. Committee Membec Ducl� statod tt�at Elte goa! is for the City to have a favucable ceputation when it c�nnes m dev�tupment- Devetopers should have a good relationship with staff and the pecmiuing and fee.s pmcess. $houkt aay other fees need to be reevatuated, Commiuee Mdnbec Duclos su�ested bdoging `' focth. all fee modifications in one paclage. Chair Kocluru�r and Coenmiuee Member Feerell �ucced wuh Committee Member Duclos's eoncerns. � Co�ittee tabled this item. returning it to Ptanaiag Coma�issien for furt6er discossioe. No a�etian was uecessary. [sterMca! Agreement with King Ceuaty for RnpidRide Impka�eshNoe. Rick Perez presented information on this item. There was no public ootpm�k David Cantey from King County Metro was also present to answer questions &om tfte Committee. Mr. Perez stataE the goal of the program es W ultimately pcovide a grxce signal W spproachi� RapidRide busses die majority of the time. The key wilt 6e inc,�e,asing the pc�babilety of a green signal without throwing the rest of the signal coordic�tion out of sync. ItadidRide busses will cun at teast every 15 minutes and every 10 minutes duri� pea{c times. Tfus project wil! replace Rouce t 74 which currentty cacu every 30 minutes. Redimed bu P�ning Commission tvisrzoa9 Cotisent T'here was brief discussion conceming safery as Federal Way being die e�ut of the tirte / J , tiders trave!'ing Route t 74 and there is aLso some recent history at the Federal Way Tcan.�x �"'I f��T�� .��,�_a��,� 3 PAGE.—.a� � �' � _ �_ � _ 42 [.and User1'ra�sportation Committee Center. Decembe� 7, 2009 Overall, the Committee was very excited abo�ct the RapidRide route coming to Federat Way. [t wil! reatly help the Eederal Way co�nmunity be better connected and abte to use L[MC. Mr. Cantey said thac this route should be up and aenning in the fail of ZO(0. King County Metro wit! be doing pubiic outreach to educate the p�sblic on this upcomiag service. Qommittee foewarded Option �!l as pt�euted. Moved: Duclos SecondeQ: Ferrell Psssed: Un�nimonsly, 3-0 H. RecEssgnlar Rapid Elashiag Beacoa oo S�24� Sireet (8elmor Park)� Rick Perez presented infocmation on tHis'itefin. 'Tt�ere was no pubtic conunent Mc Perez added th�t there witt also be a¢ost savings utilizin$ King County to purchase and install the equipmenG Committee Member Duclos askked if this �pplic�ion would be appiopriate for the toeation of S W 304'� St and 2l�` Ave SW. Mr. Perez ae�swered that this applicafion had not been considered for this location (intersection) as it:is t�picalty used for a widec stree� for a schoo) crossing or a ma}or corridor_ Committee forwarded Option !�i ns pre.s��ted. Nloved: Ferrell Seconded: Duclos 4. OTHER Thece was no further cliscussion or addiiional tapics addressod. Passed: Ua�nimously, 3-0 12/152009 Consent 3. EUTURE MEET[L�iC The next regular LUTC meeting wilt be Moadsy, December Z1, Z009, at 530 PM in City Council Chambets. 6. ADJOURN The meeting adjoumed at 6_35 PM. Attes� Darta� I.eMaster, Administrative Assistant II COMMCiTEE APPROVAL: Linda Kcehmar, Chair G:v.UiOtvrc a�pd.� r,t s�es mov��?��eo at�. ao� fim Feirelt, Memb� 4 Dini Ductos, Membex EXH��1�' 2- PAGE�a�_3 ___ 43 EXHIBIT IV JANUARY 6, 2010 PLANNING COMMISSION STAFF REPORT & HEARING MINUTES 44 `:Sx. .;;tt= �� 3 '�[:.:...... .., '. i. � ' r r�' DATE: To: FROM: SusrECr: MEETIIVG DATE: PLA�INING COMMISSION STAFF REPORT December 3Q Zoos Cha�r Mer1e Pfeifer a�d Meinbers of City of �ed:eral RTay Planni�g Cona�nission. Grreg Fewins, Director of Communiry. Development Servic� Matthew Herrera, Associate Planner � Defernient of Open Space Fee-m Lieu and Regional Starmwater Facality Fee January 6, 2010 A. PoLICY QUESTION Should the citq adopt a poficy to defer the payments of open spa.ce fee-in-lieu and. regional stoamwater fa.cl7ity fees to a time later in the development process, or should the city maintain its cu�rent policy of collection of apen sgace fee-in lieu prior to pla.t recording and collection of regional stormwater fees prior to en�ineering approval? Further, should the City add. language to Federal Way Revised Code (FVVRC) Chapter 1.9. � 00, "Mitigation of Developmeirt Impacts" to codify the existing policy, if this aption is chosen? B. ATTACSIVffi�i`I'S Exlnbit I— Packet for Decemhea 7, 2QOg, Land. Use Transportation Committee (LUTC) Meeting Exhlbit II— Packet for Navember 16, 2009, LU I'� Meeting Exlubit ffi— Min�tes f� the November 16, 2009, LUTC Meeting ax�d Draft 1Vlinutes for the December 7, 2009, LLl'FC Meeting C. BACK�o�rrID The praposed code amendm�ats to retain the existing policy of acceP�S aPen space fee-in-heu payments prior to final plat recordmg and stormwat�r fees prior tv en��e�ing approval wexe gresented to the Planning Cornmission at a November 4, 2009, public hearing. At that ti�e, the Cvnnnission recommended that the city xrraintain its current policy related. to collectiaa of apen space fe�-in-lieu and regional stormwa.ter fees. Further, the Planning Commission recommended. adding language to FWRC Chapter 19. lOQ "Mitigation of Development Impacts" to codify the existing policy as shown in the draft adc�tion ardinance (Exlubit 4 of Exhibit In. The Planning Commission's recommendation (Exlubit 4 of Exhibit In was presented to the LUTC oa November 16, 2009. At that meeting, Sam Pace of the Sea.ttle King County Realtors stated that tt�re ExH�� PAGE � o� � . 45 was a stronger case for retasning the policy of collecting open sPace fee-in-lieu payments 1�riar to plat recarding but requested that tk�e region�l stormwater faciliry fees be collected at Certific�te c�€ Occupancy. `The committee then requested tha.t staff obtain written resPonses from Sam Paee o� the Seattle King County Realtors and Gannett Hnffma� o€ the Master Bw7ders Associakion outlin� their respective organiza.tions' :position regarding the deferment of regional stormwater fees assessed bY the ciry. The comurittee ii�rected staff tQ farwarcl those resPonses to the December 7, 2009, LUT� meeting. As stated in the attached let�ers (Exhibits 5 and 6 of Exhibit n Mr. Pace and Mr. Huffma.n have reguested the ci�y defar the collection of �gional stvrmwater fees to the point of sale fo�r single- farr�ily residentiai clevelo�pment a�c]. Certificate of Oecupancy for corn�mercial and mulh fam�y development. pn December 7, 2009, followi� testimpny fro�m Mr• Pace, the I,IJTC referred. the pro�ose� develo�meut regulation ameni�►t b�ck to:the F2a�aang Comcrossian far fiuthez proceedmgs puisuant to City Crnmcil action provisicyns within FWRC 19.80.260(3)(� (Exhibit In. D. 5Tar�+, RECO�xnalzorr The staff reconmmendation r�s ��:from the origin�l November 4� 2009 Sta,�'Re�rt to the Pdanning Commission. That repc�rt reco�mnended retaining tlie c�ur�t oPen SPace fee-m lieu and regional stormwater faci.Yity fee colle�tion policy with no change. E, pLar�rmvG Co�vnvIISS[o1v AcTTOrt Cansistent with the provisions of FWRC 19.�0.240, the Plazming Commission may 1�ke 1�e following actions regarding the praposed. d�velapment regulation amendments. 1. Open Space Fee-in-Lieu a. ReccYmmend to the Cit.y CoaaeiL tha.t the existing policY of accepting open space fec-urlieu gayments priar to final p}at re,ca�ing be retamed. an.d that the la�guage be elarified as shawn in Exhibit 4 of Exhibit II. ( This is the original P]amiing Co�uissian r�a�dation) b. Modify the Planning Comwission's original recommendation and fo�ud to Co�n�cil. c. Forward the policy q�estia� to the City Council withont a recomm�cndation. 2. Regiona! Stormwater Faci4ty �ee a. Recommend to the City Cowicil that the existinS Policy of accepting stormwata fees Pri°r to engineerung approval be retained and that ttze language be clarified as shown in Px�ubit 4 of Exhibit II. ( T l ri s is the o r i g i n a l Platming Co�ussion recommendation.) b. Modify the P�an�tng Commission's +�riginal recommendati°n and foivvard to Council. c. Forward the policy question to the City Coim�cil vuithout � r�om�ndation. K�2009 Code Amandments�ct Fee Po�at of CoIleeti��Plammg Comm�oa`010610 Staff RaposCtloa e { � , 46 EXH181i' � PAGE 2 — 0� � . CITY UF FEDERAL WAY PLAlVNING COMMISSION January 6, 2010 7:00 p.m. City Hall Council Chambers MEETING Commissioners present: Merle Pfeifer, Hope Elder, Sarady Long, Lawson Bronson, Wayne Carlson, Tom Medhurst, and Tim O'Neil. Carnmissioners absent: none. Staff present: Community Development Services Director Greg Fewins, Planning Manager Isaac Conlen Senior Planner Margaret Clark, Associate Planner Matt FIerrera, Associate Planner David Lee, SWM Project Engineer Fei Tang, Assistant City Attorney Peter Beckwith, and Administrative Assistant Tina Piety. Chair Merle called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of November 4, 2009, were approved as written. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS ELECTIONS Commissioner Bronson nominated Hope Elder as Vice-Chair. There were no other nominations. The vote was held and she was elected unanimously. Coxnxnissioner Bronson nominated Merle Pfeifer as Chair. There were no other nominations. The vote was held and he was elected unanimously. CHANGE TO PLANNING COMMISSION RULES Ms. Piety explained the proposed changes and reason for them. There are three proposed changes. Sta.ff is proposing to change the time of election for officers from October to the first regularly scheduled meeting of the year. Holding elections in October is not intuitive and many times staff overlaoks scheduling elections at that time. Staff proposes to not state a particular month because the Commission only meets when there is business to be conducted and they may not meet in the month named. Commissioner Elder commented that it is a good idea to hold elections at the first of the year because new Commissioners are appointed in October and this would give them time to get to lrnow those who are nominated and be able to make an informed choice. The second proposed change is to delete the word "tape" when it appears before "recording." The meetings are and will continue to be recorded, but they are digital, not tape, recordings. The third proposed change is to delete "Process N" when it appears before "review." This refers to the type of land use process and the specific number of that process has changed. Staff does not propose to change the number (simply delete it) in case it should change again in the future and because the word "review" by itself is an adequate description. Commissioner Medhurst moved (and it was secondec� to adopt the purposed changes to the Planning Commission Rules as presented. The motion carried. � EX�11�IY _ K:\PlazmingCortmrission\2010\MeetingSunenary01-06-IO.doc 47 PAGE �,,, ^ ��0�� Planning Commission Minutes Page 2 January 6, 2010 PUBLIC HEARING — Proposed Deferment of Open Space Fee-in-Lieu and Regional Stormwater Facility Fee Mr. Herrera delivered the staff presentation. The Planning Commission held a public hearing on this issue on November 4, 2009, and recommended to retain and codify the cunent policy of open space fee collection prior to plat recording and regional stormwater facility fee collection prior to engineering approval. Following the Planning Commission recommendation, the City Council's Land Use/Transportation Committee (LUTC) has held two public meetings regarding this policy issue. At the November 16`�' meeting, the committee requested Garrett Huffman of the Master Builders Association (MBA) and Sam Pace of the Seattle King County Realtors to submit written comments on the issue and present those comments at the next LUTC meeting. At the December 7"' meeting, Mr. Huffinan and Mr. Pace submitted comments proposing to defer the regional stormwater facility fee to point of sale for single family residential and Certificate of Occupancy for commercial and multi-family development. The LUTC then returned the item back to the Planning Commission for further proceedings. StafPs recommendation remains unchanged from the original November 4, 2009, staffreport to the Planning Commission. That report recommended to: retain and codify the existing policy of collecting open space fee-in-lieu payments prior to final plat recording; and retain and codify the existing policy of collecting regional stormwater facility fees prior to engineering approval. Garrett Huffman, Master Builders Association — He commented he is confused why this issue has come back to the Planning Commission at this point. It is his understanding that the council feels all fees the city collects should be done through escrow and that they will be requesting staff to prepare an ordinance regarding the collection of all fees. Given this, it seems the Planning Commission should wait on this issue until the future ordinance. Mr. Herrera commented that in regards to the School Impact Fee, the Federal Way Public Schools implements the policy and the city simply collects the funds. In 2009, the council adopted an ordinance in regards to Traffic Impact Fees and when they will be collected. That ordinance becomes effective in June 2010. The only two fees in question in regards to when they are collected are the open space fee-in-lieu and regional stormwater facility fee. Mr. Fewins commented that staff understands that the LUTC's request is for staff to re-present the question of when open space fee-in-lieu and regional stormwater facility fees are to be collected to the Planning Commission and to include the comments from Mr. Huffman and Mr. Pace, which the Planning Commission did not have at the last public hearing. Mr. Beckwith concurred. Commissioner Carlson commented that he is also confused because he thought that in the future all fees would be in the same section of the city code. He does not see a need to collect all the fees at the same time. He feels fees should be collected when the impact occurs. Chair Pfeifer went over Mr. Pace's comments and stated he agrees with them on the surface. Commissioner Bronson commented that it is his understanding that a developer has a choice about whether to build their own stormwater facility ar use a city facility and they would only pay the stormwater facility fee if they chose to use a city facility. He does not think it is unreasonable to request the funds be paid up front. Commissioner Elder commented that she feels the Commission made a thoughtful and right decision last time and sees no reason to change that decision. Commissioner Long commented that stormwater facility fees are comparatively small and he sees no reason why they cannot be paid up front. Commissioner Bronson moved (and it was seconde� to recommended adoption of the staff's recommendation (Option 1) for the open space fee-in-lieu. The motion carried unanimously. Commissioner Bronson moved (and it was secondec� to recommended adoption of the staff's recommendation (Option 1) for the regional stormwater facility fee. The motion carried unanimously. K\Planning Cortmissan�20I0\INeeting Surtumuy 01-06-t0.doc E��l��I�° 2 48 PAGE 2 0��.. Planning Commission Minutes Page 3 January 6, 2010 The public hearing was closed. PUSLIC HEARI1vG — Amendment to Expand the Siae of Health Clubs in the Neighborhood Business (BN) Zone Mr. Lee delivered the staff presentation. He went over the background of zoning for health clubs in Federal Way. Currently, health clubs are allowed in the Neighborhood Business (Bl� zone with a 25,000 �quare foot maximum size limitation. Tn 2008, a health club facility applied for a variance to exceed the square foot limitation to occu,py an existing vacant 43,061 square foot Albertson's building within the BN zone. The application was ultimately denied by the hearings examiner. The city wants to improve the occupancy of larger vacant buildings (such as the vacant Albertson's) and the tenant spaces in the BN zone, many of which were built prior to the 1990 incorparation of Federa.l Way. The proposal is to amend the Federal Way Revised Code (FWRC) Chapter 19.215 related to the size of health clubs in the 1Veighborhood Business (Bl� zone by adopting one of the following possible options: 1. Remove the square foot limitations for health clubs in all BN zones. 2. Remove square foot limitations for health clubs only for those parcels in the BN zone located in the vicinity of 21 Avenue SW and SW Campus Drive. 3. Increase the square foot limitations for health clubs in all BN zones to 45,OOU square feet, or; 4. Allow he�lth clubs of more than 25,000 square feet within all BN zones with a Process IV Hearing Examiner Decision and decisional criteria to assess potential impacts to adjacent residential zones. Mr. Lee went over the pros and cons of each option (found in the staff report). Sta.ff recommends Option #2 because it serves the greatest good with the least amount of impact. Mr. Lee also stated that the city received three email comments which may be found attached to the staffreport. The meeting was then open to public comment. Michael Chen, Group McKenzie — He thanked the staff for their work. I3e supports the staff recommendation. Laurie Montgomery, Lighthouse Laundry Owner — She commented that the Albertson's building has been vacant for over three years and has had a detrimental effect on all businesses in the area. (graffiti, vandalism, etc.). Other shopping centers in the area have been recently remodeled, leaving the Albertson's area looking bad in comparison. It would be a win-win situation to have a health club in the old Albertson's building. She and her husband (Patrick Montgomery) support the proposed amendment. Commissioner Elder expressed concern that the city would be "spot-zoning" with this proposal since it only affects health clubs. Mr. Beckwith replied that since it does not identify a specific site, it is not spot- zoning. Commissioner Elder asked if the city is discriminating on behalf of health clubs. Mr. Lee replied that different zones throughout the city have different size requirements for different types of businesses. Commissioner Bronson commented that there are only about six or seven properties in the entire BN zoning districts that can accommodate a large building. Given this, he suggests the Commission consider Option #1 (removing the square foot limitation for health clubs in al] BN zones). Mr. Lee commented that staffhas not analyzed all the BN zones and therefore, do not know for sure if there are only six or seven properties. Commissioner Carlson agrees and stated that health clubs are a good fit for neighborhood businesses. Mr. Fewins commented that staff does not object to Commissioner Bronson's proposal. Later this yeaz, staff � EX��1T K�PlanningCortvnission�20101MeetingSunvnary01-06-10.dce 49 PA �� 3 ��_� Planning Corrunission Minutes Page 4 January 6, 2010 intends a more comprehensive analysis of the BN zone, which may lead to additional proposed amendments. In the mean�ime, the city council directed staff to address the health club size issue, hence the current proposal. Commissioner Medhurst comrnented that the proposed amendment could help alleviate traffic in the city center by keeping people closer to home. Carlson moved (and it was secandea� to recomrnend adoption af Option #2. The motion carried unanimously. ADDITIQNAL BUSINESS None AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 8:00 p.m. 0 ;_<. ° K:1PI�ningCommission�2010\M • ^ + `JO •s �� s�o�_��o� PA�E�_0�� COUNCIL MEETING DATE: Febrnary 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL ITEM #: AGENDA BILL SUB,iECT: Amendments to Federal Way Revised Code (FWRC) 'I�tle 19, "Zoning and Development Code," related to Health Cli�bs in the Neighborhood Business (Bl� Zone. PoLICY QiTESTiON: Should the City approve amendments to FWRC Title 19 to remove square foot limitations for health clubs in the BN zone located in the vicinity of 21 Avenue SW and SW Campus Drive? CoMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: February 1, 2010 CATEGORY: ❑ Consent ❑ City Council Business � Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: David Lee, Associate Planner DEPT Community Development Services Attachments: 1) Planning Commission staffreport for the January 6, 2010, with E�chibits A-E; 2) Minutes ofthe January 6, 2010, Planning Commission public hearing, and; 3) Draft adoption ordinance. Background: The proposed amendments are a part of the 2010 Planning Commission Work Program. Federal Way Revised Code (FWRC) 19.215A20 allows health clubs in a Neighborhood Business (Bl� zoning district; however, the maximum gross floor area may not �ceed 25,000 square feet. The city is exploring ways to improve occupancy of large vacant buildings and tenant spaces in the BN zone, many of which were built priar to the 1990 mcorporation of Federal Way. Options Considered: 1) Adopt the Planning Commission's recommendation as contained in the DraR Adoption Ordinance; 2) Adopt the Planning Commission's recommendation as modified by the LUTC: or 3) Do not adopt the proposed amendments. STAFF RECOMMENDATION: Staff recommends the Council adopt Option #1, adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance. CITY MANAGER APPROVAL: ,(�.�.�(� d � �� DIRECTOR APPROVAL: GG� Committee Council Committee Council COMMITTEE RECOMMENDATION Forward Option #1; adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance to the full Council on February 16, 2010, for first reading. Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (02/16/10) I move to forward the ordinance to a second reading for enactment on the March 2, 2010, consent agenda. 2 ND READING OF ORDINANCE (03/02/10): `7 move approval of the LUTC's recommendation to approve the code amendments, which are contained in the Adoption Ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPRO VED COUNCIL BILL # ❑ DENIED 1 ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02l06/2006 RESOLiTl'ION # 51 ATTACHMENT 1 52 ��8� .�� `, � � � STAFF REPORT TO THE PLANNING COMMISSION AIVIENDMIIVT TO FEDERAL WAY REVISED CODE TO ERPAND THE SIZE OF HEALTH CLUBS IN THE NEIGHBORHOOD BUSINESS ZONE File No: 09-104719-00-SE / 09-10472400-UP Pubhc Hearing of January 6, 2010 L ItEASON F'OR AIVIENDMENTS . The prop�ed amenctments are a part of the 2009 Planning Commission work program. 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. The city is exploring ways to improve occupancy of larger vacant buildings and the tenant spaces in the BN zone, many of which were built prior to the 1990 incorporation of Federal Way. The Plarming Commission is being asked to review the four proposed options for changes to the zoning code attached as E�ubits A-D, and forward a recommendation to the City Council. Staff is recommending tha.t Option 2, as set forth in Extubit B, be recommended for approval to the Ciry Council. II. Bacx�xourm Federad Way Revised Code (FWRC) 19.215.020 allows health clubs ix� a Neighbarhood Business (BI� zoning district; however, the ma.ximum 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 fee� retail establishment providing entertainment, recrea.tional, or cultural services or activities to 25,000 squa.re feet; and other retail to 40,000 square feet. Self-service storage facilities are also resiricted 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 Fecleral Way Ciry Code (FWCC) Chapter 22, Article IV.A, pezmitting 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 Bally's Fitness Center and 24 Hour Fitness. The intent of the 7,500 square feet size limitation was to ens�e tha.t health clubs developed within a BN-zoned area would ma.intain a neighborhood scale and not attract traffic from a broader area. Larger faciliries are currently permitted in the City Center Core (CGC), City Center Frame (CC-F), Community Business (BC) zones, and Commercial Enterprise (CE) zones, which have no size restrictions. In 2002, the City ad�ted regulations permitting health clubs up to 25,000 gross floor azea in the BN zone. There has been a recent pernut application to pemut a health club in the old Albertson's building at 33620 21 Avenue SW. This building is 43,061 square feet in size. 53 The Federal Way Comprehensive Plan (FWCP) provides guidance in regards to the expansion of the role of BN zones: "...Neighborhood Business areas are intended to provide co�enient goods (e.g., groceries and hardware) and services (e.g., dry cleaners, dentist, bank) at a pedestrian and neighboxhood scale close to adjacent residential uses. Developments combining residential and comm�cial nses provide a convenient living environm�t within these nodes. In the future, att�tion should be given to design features that aihance the appearance or function of these azeas.... ... The need to address expansion or intensification may occur in the fature depending on popnlation growth. l�tare neighborhood business locations should be cazefully chosen and sized to meet the needs of adjacent residential areas." The role of personal he�lth has been an increasingly integral part of modern living and has transformed itself into a staple of convenient services such as a dry cleaner or bank. According to a report done by The Mercanti Group, a financial advisory group, the health club industry has grown 8 percent annually from 1993 to 2005, which is in step with the clemand for membership in health club facilities (41.3 million Americans or 13.9 percent of the U.S. population have health club memberships). Even in financially difficult times, a 2009 IBIS World Inc. report, an industry and market research company, estima.ted that the industry would grow anywhere from 5 to10 percent in the coming years; however, the immediate next few years will see a 2 percent growth. The need to adclress intensification of the BN zone, in regards to health clubs, has been d.emonstrated through not only economic clemand, but also by public demand. III PROPOSED CODE AMENDMENTS The praposal is to amend the Federal Way Revised Code (FWRC), Chapter 19.215 rela.ted to the size of health clubs in the Neighborhood Business (BN) zone by adopting one of the following possible altetnatives: 1. Remove the square foot limita.tions for health clubs in all BN zones. 2. Remove square foot limitations for health clubs only for those parcels in the BN zone located in the vicinity of 21�` Avenue SW and SW Campus Drive. 3. Increase the square foot limitations for health clubs in all BN zones to 45,000 square feet, or; 4. Allow health clubs of more than 25,000 square feet within all BN zones with a Process � N Hearing Examiner Decision and decisional criteria to assess potentiat impacts to adjacent residential zones. The proposed alternatives are attached as Exlubits A-D of this sta.ffrepart. IV. ANnLYSIs Based on the analysis below, staff recommends that Option 2 as set forth in Exhibit B, be reeommended for approval to the City Council. . There are currently 14 areas designated BN in the City of Federal Way. The following Table I is a list of the 14 BN zoned areas in Federal Way by locarion and acreage. The areas are shown by number on Exhibit E (attached). Sta�'Report to the Ptanning Comaussion Size of Health Ciubs in BN Zone Page 2 File No: 09-104714-00-SE / o9-iaa�m.00.vr 54 Table I Area Location Acreage 1 21�` Ave SW aud SW Campus Dr/SW 336�' St 45.57 2 S 288"` St and M�itazy Rd S 19.47 3 21�` Ave SW and SW 356�' St 17.12 4 SW Dash Point Rd and SW 312`� SU21s` Way SW 8.28 5 SW 340� St and Hoyt Rd SW 6.94 6 SW312'�Standl�'AveS 4.48 7 SW 3I2 St and 8�' Ave S 3.12 8 1� Ave S and SW 330`� St 2•22 9 SW 320`� St at SW 323� St 2.15 10 : 1�` Ave S and S 348�` St/SW Campus Dr 1•72 11 SW 320�` St and 47'� Ave SW 1•� 12 1� Way S and S 338�' St 0.98 13 S 32U'� St/Peasley Canyon Rd and Military Rd 0.88 14 S Dash Point Rd west of Redondo Way S 0.23 T� 114.60 The 14 areas designated. BN occupy appro�cimately 115 acres. The size of these neighbarhood business centers ranges from approximately 46 acres (Area 1) to approximately one-quarter acre (Area. 14). Not only is Area 1 larger in terms of acreage (45.57 acres), it also houses larger pre- existing retail develapments such as retailers Fred Meyer (191,077 square feet), Albertson's (43,016 square feet), Safeway (36,553 square feet), and Rite=Aid (22,206 square feet). The Albertson's supermarket, at 43,016 square feet, has retnained vacant since DeceYnber 31, 2006. Due to its size, architecture of the building, and current zoning regulations, compahble and conforming uses are difficult to house. Option 2 (Exlubit B) would allow for greater flexibility in the use of these existing large buildings. The 21�` Avenue SW and SW Campus Drive/SW 336�' Street area is unique relative to the other BN zoned areas not only because of its size and nu�er of large existing buildings, but it is also serviced by two ma.jor arterial streets (21�` Avenue SW & SW Campus DrivelSW 336�` Street). Addiriona.11y, health clubs generate less vehicu.laz �ips per day on a whole compazed. to retail uses such as grocery stores, which are allowed within the BN zoning district with a maximazm size of 40,000 sq. ft.. For example, a 45,000 square-foot grocery store would generate 496 PM peak hour trips, with an average daily trip rate of 4,404. In cor�arison, a health club of the same square footage generates 182 PM peak hour trips and 1,482 average da.ily trips. However, a health club's � Rerr�oval of square footage limitations for health club uses within the BN zoned parcels in the vicinity of 21� Avenue SW 8c SW Campus Drive. StafFReport to the Planning Commission Size of Health Clubs in BN Zone Page 3 File No: 09-104719-00-SE / o9-ioaru-oo-ue 55 peak volumes are slightly higher than retail uses. The peak hours of traffic generarion for health clubs occur between 6:00 p.m and 7:00 p.m. As of December 31, 2009, Metropolitan Market, a 36,069 sq. ft. grocery store, in Area 4, plans to close; and as a result, there will be an additional larger scale vacant building in the BN zone. Future study of the BN zone may be warranted to determine if further changes to existmg regulations shauld be considered. Any future study will not be limited to size of health clubs. Table II (below) su�►ari7es the options presented in this. sta.ffreport and weighs the pros and cons of each option: Table II tions Pros Cons Option 2: Remove the Health clubs of any size would This option may not be square foot limitations have greater flexi'bility of locating appropriate far all 14 BN-zoned for health clubs in all within any BN zone. azeas given the wide variety in BN zones. sizes of the nodes. A hea�h club with no size lnnitations may be . disproportionate in size and sc�le ' _ to sarrounding bnsinesses in a smaller BN node. Staff will recommend that the BN zoniug regnlations be stndiefl for potential changes as part of the 2010 Planning Commission Work Pro am. Option 2: Remove This BN-zaaied azea is the largest It may be approp�ia.te to study sqnaze foot limitations at 45.57 acres, than the oth� BN any changes to the BN Zoning for health clubs anly for zoned areas and it also cantains regulations concaxre�fly. those parcels in the BN larg� pre-existing retail zone located in the developm.ents snch as Fred Meyer vicinity of 21�` Avenue (191,077 sqnaze feet), SW flnd SW Campns Atbertson's (43,016 square feet), Drive. Safeway (36,553 square feet), �d Rite-Aid (22,206 square feet). ' Dne to its size and existing character, it appears to exceed Neighborhood Bnsiness Goa1 LUG 7 Provide neighborhood and community scale retail centers for the City's nei hborhood� Option 3: Increase the square Larger health clubs (up to 45,000 Putting an npper limit on heal� foot limitations in a11 BN zo�►es to square fe,et) would have greata clubs in the BN zone may limit 45,000 square feet. flexi'bility of locating within any the location of health clnbs in the BN zone. BN zone as thee� marketing strategy evolves in the fnture. Additionally, incxeasing the maximum square foot limitations to 45,000 sqnare feet maynot be a ro riate for smaller BN nodes. Staff Report to the Planning Commission Size of Health Clubs in BN Zone Page 4 File No: 09-104719-00-SE / os-ianza-oavr 56 O tions Pros Cons Option 4: Allow health Having a two-tiered approach A two-tiered approach may not club uses of more than should ensure that any potential be appropriate for a lazger BN 25,000 square feet im.pacts associated with lazger node which already has existmg within all BN zones with health clubs be evaluated through uses with higher traffic volumes a Process IV Hearing a public proeess. than a health club of similar sizes. Examiner Decision and Additionally, requiring a higher decisional crit�ia to land use process (Process IV vs. assess potential impacts the existing Process II to adjacent residential requir�ent) may impede zones. occupancy of larger vacant t�ant spaces because of time for rocess review. Based on the analysis above, staff recommends Option 2 is recommended for approval to the City Council as it serves the greatest good with the ieast am,ount of irnpacts. V. PROCEDURAL SUIVIlVIARY 12/5/09 Issuance of Determination of Nonsignificance pursuant to the State Enviromnental Policy Act (SEPA) 12/21/09 End of SEPA Comment Period 1/4/10 1/6/10 End of SEPA Appeal Period Public Hearing before the Planning Commission VI. Pus�c Co�rrrs Comments were received from Scott Rhodes, Micha,el Chen, and Brett Thomas. The e-mails aze attached to this staffreport as Exhi�bit F. � VII. REA50N FOR PLANNING COMIVIISSION ACTION FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for zomng code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: To review and evaluate the zoning code text regazding any proposed amendments. 2. To determine whether the proposed zoning code text amendments meets the criteria provided by FWRC 19.80.130. To forward a recommenda.tion to the Ciry Council regarding adoption of the proposed zoning code text amendments. StaffReport to the Planning Commission SiDe of Heaith Clubs in BN Zone Page 5 File No: 09-104719-00-SE / ov-ioa�za-oave 57 VIII. DECISIONAL CRITERIA FWRC 19.80.130 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments (Option 2) with the criteria providedby 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 compre}�ensive plan. LiJGl 2. 3. The praposed options for the FWRC text amenclment are consistent with the following Federal Way Comprehensive Plan (FWCP) policies: Improve the appearance and fimction of the built environment. Use residentia.l design performance standards to maintain neighborhood chara.cter and ens�e compattbility with surrounding uses. LUPl LUP44 Encourage neighborhood retail and personal services to locate at appropria.te locations where local econox�ric demand and design solutions demonstrate comparibility with the neighborhood, LUP6 Conduct regular reviews of development regulations to determine how to improve upon the perrrrit reviewprocess. EDP10 The Ciry will work with the priva.te sector to actively encourage the retention and expansion of existing businesses, as well as bring in new development, businesses, and jobs to the community. EDP18 The City will periodically monitor local a:nd. regional trends to be able to actjust plans, policies, and progran�s. EDP19 The City will actively work with representa.tive groups of business and praperly owriers, including the Federal Way Chamber and other local business associations, to enhance citywide and subazea im�rovemen.ts and planning. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWRC text amendment bears substantial rela.tianship to the public health, safery, and welfare because it affords the ability for the re-use of larger vacant buildings which nra.y otherrwise attract graffiti, vandalism, and various other public nuisances which would be detrimental to the welfare and safety of neighborhoods within the general vicinity. The proposed amendment is in the best interest of the residents of the city. Approval of the proposed code amendment would benefit the city as a whole as it would aid in economic develapment by provicling the appartwiity for the reuse of lazger elcisting vacant buildings and allow for more recreational activities. It would also aid in econorrric development by atlracting businesses and reduce the use of public funds for policing vacant buildings. Stat�Report to the Planning Commission Si�e of Heatth Clubs in BN Zone Page 6 File No: 09-104719-0O�E / o9-ioa��a.00-ue 58 IX. STAFF RECOMIV�NDATION Based on the above staff analysis and decisional criteria, sta.ff recommends that Option 2 as set forth in Exhibit B, be recommended for approval to the City Council. X. PLANNING COMNIISSION ACTiON Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the followin.g actions regarding the proposed zoning code text amendments: 1. Recommend Option 2(Exhibit B) to the Ciry Council, adoption of the FWRC text amendments as recommended by staff; 2. Moiiify the staff recommended FWRC text amendm.ents anil reco�end to the Ciry Council adoption of the FWRC text amendments as modified; 3. 4. E��ITS Exhibit A Exhibit B Exhibit C Recon�mend to the City Council that the proposed FWRC text amend.ments not be adopted; or Forward the proposed FWRC text amendments to the City Council without a recommendation. Proposed Code Am,endments FWRC 19.215.020 (Option 1): Remove the square foot limitatians in all BN zones Proposed Code Amend�nts FWRC 19.215.020 (Option 2): Rempve square foot limitations only for those parcels in the BN zone located in the vicinity of 21'� Avenue SW and SW Campus Drive Proposed Code Amendment FWRC 19.215.020 (Option 3): Increase the square foot limitations in all BN wnes to 45,000 square feet ExhibitD Proposed Code Amendment FWRC 19.215A20 (Option 4): Allow health club uses of more than 25,000 square feet within all BN �ones with a Process N Hearing Exatniner Decision and decisional criteria to as�ss potential impacts to adjacent residential zones Exhibit E Exhibit F Map of Neighborhood Business Zoned Areas Copy of Emails Received &om Swtt Rhodes; Michael Chen, and Brett Thomas IC:�2009 Code Amendments�Size ofFIealth Clnbs in BN Zone�Planning CommissioalRevised StaffReport.doc Staf�Report to the Planning Commission Size of Health Clubs in BN Zone Page 7 Fite No: 09-104719-0O�E / o9.ioa�za-oaue 59 OPTIC)1'� 1 E�.I�F�IT A 19.215.OZ0 Entertainment. " rn 0 The following uses shall be ermitted in the nei borhood business B zone su 'ect to the regalations and notes set forth in this section: . USE ZO1�TE CHART Z DIRECTIONS: Pl�2ST, read down to find nse ... THEN, across forREOULATIONS � A�nimnms � � xe una Y�a9 � Zt}NE � b c� m � o 'ti `� �� .� � � W � � � � ,� UsE c� � .°a w � � x� � a 51'ECIAL RE+GULATION� Al'�D N(�'I'L�`S Private lodge Pmcess None 0 R 10 !t 10 fl, 35 R above 1 for each 1. C3toss floor asea of tiria u� may uot exceed 9,Sb0 sq. ft. for restaurant� 5,000 sq. ft. for fast food restaumnts; or club II Sea notes 3 and 9 average 100 sq. ft of 10,000 aq. ft for private club or lodge; 25,000 aq, ft. for �e�kh-eH�s^eY retail establishment providing entertainment, See bnilding groas floor recreational, or caltaral aervicea or activitiea. Art gailery note'� elevafloa area for 2. For retail eatablishmentproviding entertainment, recreational, or cnitural services or activities, the usas must ba testaurants; cotttained within a bnilding. No outdoar nses are petmitted Restaurant or See note 3 3. Ifany portion of a structnre on the subject property is within 100 ft. of a r�sidential zone, then that portion of the tavern 1 for each 80 structnte shall not exceed 30 ft above average building elevation and the structure sha(1 be set back a minimum o f sq. ft. for fast 20 ft. from the property line of the iesidential zone. Fast food food 4. The hours of operation of these uses rnny be limited to reduce impacts on nearby re�identittl areas. restaurants testaurant; 5. Access to and fmm drive-through faeilities mnst be approved by the public works department Drive-through facili6es must be designed so that vehicles will not block traffic ia the street while waiGng in line and will not Heallh club Otherwise unreasonably interfere with on-site tcaffic flow. determined 6. Fast food restaurants must provide one outdoor waste receptacle for every eight parking spaces. Retail on a case-by- 7. No maximum lot coverage is established Instead, the buildnble area will be determined by other site development estabiiahment case basis requirementa, i.e., required bnffera, parkifrg lot landscaping, snrt�ce water facilities, etc. providing S. For community design guidelines that apply to the pmject, see Chapter 19.115 FWRC. enterfainment, 9. For landscaping reqnirements that apply to the project, aee Chapter 19.125 FWRC. recreaHonal, or 10. For sign requirements that apply to the project, see Chapter 19.140 FWRC. cnlhual 11. Refer to C$apter 19.265 FWRC to determine what othet provisions af tltis chaptor may apply to the subject servicea or property. activifies 12. (3ambling naes are not permitted as principal or accessory uses in this 2one as of February 7, 2006. Any such pre-existing nse shell not rasnma actiaity if said nso ceased ityr the consecntive 12-month period immadiately preceding Febrnary 7, 2006. Any anch use existing on Febmery 7, 2006, shall be discontimted at snch time as the asa ceasee fro any wnsacnfive 12�month period Procees I, II, III end IV me deecribed in For other Infonnetiun sbout peddng and pazking e�cees, see Chapter 19.130 PWRC. Cheptar 19.53 FWRC, Chept� 19.60FWRC, Ch�ta 19.65 FWRC, For detetle ofwhet mey exceed thie haight limit, sea FWRC 19.110.050 et eeq. Chept� 19.70 FWRC tes dlvely. PO �� hBm'�t8 �l��d yar�, sae FWRC 19.125.160 et seq. K:\2009 Code AmentknenbVSize of HeeHh Cfiba � SN Zone�P�nntng Coattniesion�6N Zoning Cherls\19-215A20 Bnte�lamment (OPITON 1].doc (�1'TION � ��Y�" 1� 19.�15.020 Entertaininent. rn r The followin uses shall be ermitted m the nei barhood business B zone subject to the regnlations and notes set forth in this section: USE ZONE CHART z DIRECTIONS: FIRST, read down to find nse ... THEN, across for REC3ULATIONS � Minimums � Re uired Ysrds u � � ��E W °' �N �" � � a � •� .5 f� � ' � 8 '� u � � °' i UsE �� 3 w v� � x m 'a' a SPECIAL REGULATIdNB ANI� NOTE5 Private lodge Process None Q ft. 10 ft. 10 ft. 35 ft. above 1 for each 1. Gross floor area of this use may not exceed: �,500 sq. ft. for restaurants; 5,000 sq. ft. for fast food restaurants; or club II See notes 3 and 9 avemge 100 sq. ft. of 10,000 sq. ft for prlvate club or lodge; 25,000 sq. ft. for health clubs or retail establishment praviding entertxinment, See building gross floor recreational, or culturnl services or ac6vilies. Health club uses located in the BN zoned vicinity of21� Ave SW and Art gallery note 7 elevation area for SW Cam�s Drive mxYexcead the 25.000 sgunre foot maximum. restaurants; 2. For retail establishment providing entertainrnent, recreational, or cultumi services or activities, the uses must be Restaurant or See note 3 contained within a bnilding. No outdoor uses are perrrritted tavern 1 for each 80 3. Ifany portion of a sfructure on the subject property is within 100 ft. of a residential zone, then thst portion of the sq. ft. for fast structare sha11 not exceed 30 ft above average building elevation and the structure sha11 be set back a minimum of Fast food food 20 ft from the pmpecty line of the residenflal zone. restaurants restauran� 4. The houra of operation of theae naes may be limited to reduce i�pacts on nearby residentisl aresa. 5. Accesa to and ftom drive-thmngh facilitias �ntst be appmved by the pnblic works departmes�t Drive-thmugh Health club Otherwiae f�cilitiea must be deaigned ao that vehiclea wi11 not block haffic in the street wlrile waiting in line and will not determined nnreasonabty interfere with on-site hsffic flow. Retail on a cnse-by- 6. Fast food restanrants mast provide one ontdoor waste recepfacle for every eight parking spaces. establishment case basis 7. No maxim�m lot coverage is established Instead, the bnildable area will be determined by other site development providing reqairements, i.e., required bnffers, parking lot Isndscaping, sarface water facilities, etc. entertainment, 8. For commnmty dasign gaidelines that apply to the pmject, see Chapter 19.115 FWRC. recrea6onal, or 9. Far landscaping mquirernents that apply to the pmjec�, soe Chapter 19.125 FWRC. cnitnral 10. For sign requirements that apply to the ptoject, see Chapter 19.140 FWRC. services ar 11. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject activities pmpetty. 12. Oambling uses are not permitted as principal or sccessory uses in this zone as of February 7, 2006. Any such pre-existing use shall not resume activity if said use ceased for the consecuNve 12-month period immedintety preceding F,ebrnary 7, 2006. Any such use existing on Febmary 7, 2006, shall be discontinued at such time as the use ceases $o any consecuCive 12-month period Process I, Il, fII end IV are dascri6ed in For other infortnetion ebout pazking end parking arese, see Chepter 19.130 FWRC. Gheptar 19.55 FWRC, Ch�ter 19.60 FWRC, Chepter 19.65 FWRC, For deteite oFwhet may exxed thie height limit, see FWRC 19.110.050 at seq. Chepter (9.70 FWRC respedively. For doteils rogsrding required yarde, aee F4VRC 19.125.160 et seq. K:\2009 Code AtnendmmbV4he c+fHeekh Cluba 6i BN Zone\P]ann6igCommiesion\BN ZoningC6azb\19-215A20 ffidettaaiment [OPITON 2].doc OPTIaI`� � E�HI$IT C t9.215.020 Entertainment. o� N The following uses shall be ermitted in the nei borhood business BI� zone sabject to the regalations and nates s�t forth in this section: U5E ZONE CHART � DIRECTION3: FIRST read down to find nse ... THEN acrosa for RE�ULATIONS O Mimmpme _ _ F " � Re 'red Yatda � ry � y; � o /�1:1�L .-. � � b� m � ; "'� $N � �� .� y � W � � '� � vsE ci a .� ' w � � � rn � w 5PECIAL REGULA�'IfJN� APV� N�7' �`S Private lodge Aocess None 0 R 10 R 10 R 35 ft above l,for each 1. (3rosa tloor azea of this ase may not excee'd: 7,500 sq. R For restaarants; 5,000 sq. ft. for fast food restnurants; or club II See notes 3 and 9 average 100 sq. fT. of 10,000 sq. ft for private clnb or lodgt; �3;98A 45.000 sq, ft. far healfh clubs; er 25.000 sq. ft. For retnil establishment See building gross floor providing entertainmenf, recieallonal, or culhual services or activitiea Art gallery note 7 elevation area for 2. For retail establishment providing entertainment, recxeationat, or cultttral services or activifles, the uses must be restanrants; contained within a building. No outdoor nses are pernritted Restaurant or See note 3 3. If any portion of a structnre on We subject property is within 100 ft. of a residential zone, then that podion of the tavem 1 for each 80 struchue shall not exceed 30 ft above averaga bnilding elevation and the structure shall be set back a minimum of sq. ft for fast 20 ft from the property line of the residential zone. Fast food food 4. The hours of operation of these uses may be limited to reduce imQacts on nearby residential areaa restnurxnts restautant; 5. Access to and from drive-through facilikies muat be appmved by the public works departmenl Drive-through facilities must be designed so that vehiclea will not block traffic in the sheet while waiting in line and will not Health club Otherwise unreasonably interfere with on-site traffio flow. determiaed 6. Fast food restaurants must provide one ontdoor waste receptacle for every eight parking spaces. Retail on a case-by- 7. No maximum lot covatage is established Instead, the buildsbla area will b�e detiermined by other site devalapment establishment case basia requ3rements, i.e., required buffers, parking lot landscaping, aurfaco waber fhcilities, etc. providing 8. For community deeign guidalines that apply to the projeot, see Chapter 19.115 FWRC. entertainment, 9. For landscaping reqniiements that apply to the pmject, see Chaptar 19.125 FWRC. rocreaHonal, or 10. For sign reqttltements that npply W the projeCt, see Chapter 19.14U FWRC. cultural 11. Refet to Chapter 19.265 FWRC to determine what othor pmvisions of this ahapter may apply to the subject services ot property. activitiea 12. C3a�nbling usea are not permitted aa piineipttl or acceasory naea in this zone aa of Febivary 7, 20D6. Any such pre-existing nse shall not reantne acliMty if sa'td use ceasad for the consecntive 12-month periofl itmnedistely preceding Febcuary 7, 2006. Any sach nse exieting on Februery 7, 2006, shall be discontinued at suoh fime as Ehe nse ceases &o any rronsecutive 12-month petiod Praoees I, II, III end IV ere deacribad in For other Informetion about perking end perking ereee, eee Chapter 19.130 2 Chepter 19.54 FWRC, Chapter 19.60 F�WItC, Cheptes 19.65 FWRC, For deteile of whet mey exceed this height limit, eee FVJRC 19.110.050 et aeq. Chapter 19.10 FWRC reepectively. Por detaila regazding required yerde, eee FWRC 19.125.160 et eeq. K:�2009 Code AmenAnm�V4fze of Health Chiba ln BN Zone�PLnnh�g Comml�siou�BN Zoning Chazb\19•2l5•020 Entertaaunent [OPIYON 3).doc UPTIO►N 4 E�1��I'�' �► 19.215.020 Entertainment. rn w 'I'he followin uses shall be �mitted 'm the nei borhood basiness (BN) zone sa 'ect to the re ations and notes set forth in this section: USE ZONE CHART Z DIRECTIONS: FIRST, read down to find ase ... THEN, across for REC3ULATIONS � Minimums � Re uired Yards � � ZUP'�TE " m � a �� BN � �� } tl ! p V .� � � 'W usE C: w .°a w � `�' x m � o`" SPECIAL REGULATI�NS AND NOTES Private lodge Process None 0 ft. 10 ft 10 ft 35 ft above 1 for each i. C3ross floor area of this use may not exceed: 7,500 sq. fi. for restaurants; 5,000 sq. ft. for fxst food restaure�nts; or club II See notes 3 and 9 average 100 sq. ft of 10,000 sq, ft. for private club or lodge; 25,000 �. ft. for health clubs or retail estnblishment providing entertainment, or See building gross floor recreational, or cultumi services or activities. Health clnb nsea may exaeed die 25 U00 sc�uare foot maximum Art gallery cess note 7 elevation area for putsaant to the decisional critera of Land Use Process IV under FWRC.19_70.150(31. �V restaurants; 2. For retnil establishment providing entertainment, recreational, or cultural services or activifies, the uses must be Restaumnt or See See note 3 contained within a buitding. No outdoor nses are permitted. tavem Note 1 1 for each 80 3. If any portion of a shucture on the snbject property is within 100 ft. of a residential zone, then that portion of the sq. ft far fast ahuctnre ahall not exceed 30 ft. above anerage l�uilding elevation and the struciure shall be set back a minimam of Fast food food 20 ft from the property line of the residenHal zone. restaurants reatauraat; 4. The hom�s of operation of theae usea may be liimted to reduce impacts on nesiby resideatial areaa. 5. Accass to and &om dtive-through facilttiea mast be approved by the pnblic works deparkmenk Drive•through Health clnb Othervv9se fac7itiea mnst be designed so that vehiclea will not block ttaffic in the alreet while waiNng in line and will not detetmined wueasonably intetfere with oa-site traffio flow. Retail on a case-by- 6. Fast food restanranta i�met provide one ontdoar wsste reczptacle for eeery eight parking spaces. establishment case basis 7. No maximam lot coverage ia established Instead, the buildable urea will be deteimined by other site development pmviding requirements, i.e., required buffers, garking lot landscapin�, surfa�ce water facilities, etc. etttertainment, 8. For commanity design gaidelines that apply to the project, seE Chapter 19.115 FWRC. recreationxl, or 9. For landscaping reqnirements that apply to the project, see Chapter 19.125 PWRC. culturat 10. For sign requirements that apply to the pmject, aee Chapter 19.140 FWRC. servicea or 11. Refet to Chapter 19.265 FWRC to deterrnina what otherprovisions of this ohapter may apply to the subject activities pmperty. 12. dambling nses are not pernritted as ptincipal or accessory usea in this zone ea oFFebruary 7, 2006. Any such pre-e�risting uae aLall not nsnme activity if said nse ceased for the conaectttive 12-month period immediately preceding February 7, 2006. Any such uae existing on Febntxry 7, 200d, shall be discontinued at s�tch time ss the nse ceases &o any consecative 12-month pariod Process I, II, lII and IV are desc[ibed in Fa other infoan�ion about parking end psrking nreas, see Chepter 19.130 PWRC. Chapter 19.55 FWRC, Cheptar 19.60 FWRC, Chapter 19.65 FWRC, For details of whet may exaed thie height limit, eee FWRC 19.110.050 et seq. Chapter 19.70 FWRC reepectively. Fa detaile regerding required yerds, see FWRC 19.125.160 et seq. K:�2009 Code AmencLnenls\S}ze ofHealth Clubs a� HN Zone\PlanningCommission�BN ZonmgChartsU9-215-020 FnteHaLunert [OP7'fON d].doc �� A » es y 4� n a 0 � v � Y S � BN Zoned Areas 2fstAve SiA/3 � S 288th St S Mitaary Rd S � 21stAve SW S SW 356th St � S4V �ash Point R� S SW 312th St/ 2 tst bVay S � SW 3JUth St b HoytRoad SW � SW 312[h St & tst Ave S � sw 3f 2th st s an►Ave Sw � I�KI{4? $ u $UV 3301fl Sf � SW 320th St '� SW3?3tQ St � fstRve S S S 318th St /SW Campus Orive � SW 32t?th St b dlth Rva SW � fstlrVay S& S 33$th St � S 320tfr St S �N'�'dary Rd � S Da�rpoird Road. West d Redarxb tNay S �„K a. Federaf Way 0 0.5 1 �� Miles Map Oate: Fsbruary 22nd, 20�6 Cityy af Federal Way P.O.Box 9718 33325 8th Ave. S. Federal Way. NIA. 98063 253 835 7000 w,ww.c'ayo(federaiway.com City of �ederai Way Areas wit� BN Zoning r --► From: Scott Rhodes [rhodesarchitecture@gmail.corr�� Fj �� r Sent: Sunday, t}ecember 06, 2009 2:20 PM p � �o: Davicf Lee r �� r—�-� Cc: Greg Fewins Su6ject: �ederai Vt/ay Proposec! Arre�ncfinen� . . Option 4 appears to ise �ie closest to current ch�ch/religi�nxs faeiiities reqt�ements and limita.tion.s. �rarit�ng tess restricti�e ao�g rights to �on-religious faci�it�es of si�ular magnitude seems to 1} create a precede�ee, an� Z) be in violation of state and federal law. �'u�thermare, entertai�merit f�eili.ties over �5,000 squar� f�et oc 5 acres sh�uld be required to s�bmit �o the 'FMP �id 'T�A process as well as Process IV. See above for reasoni�g. C1tl�erwise please c�iange the eh�trc�ifreligious zoning to the i�ss restrictive entertainment facility zoning if passed. See o�iginat gropusa! belour. � . ---------- For�varded message --------- �rom:1'ina Fietf �'ina.Pi��o��:a`r��om> I}ate: Fri, Dec 4, 2U09 at 2:20 PM Su6ject: Fec�erat Way �'raposec� Amendment To: David Lee <David Le+��rc�ffede��c� Clark <:Y�ar�t.�I Anci��c�fferler�l.�r�v.cv_�> Cc: Greg Fewins <��..��ra�`v� Lee Bailey <�.e�,_�fail��ci.�rc�#��deral�ay.ca�>, Cary Roe <�arcr,R.__ o�,�cit.�o�'edera[�=av.cr�m>, K�n iVFIFer <Ker�.� �i , •o�'edezr�:c�ay c�or.�z>, Isaac Conlen <I�.c.C��l�,�i� at'Federz,l��.� .com> Hetio, '�� ity of F�cter�I �fTay will eonsider a proposed amenc�nent to the Federal Way Revisect Code to exp�id the size of health ctubs in the Neighhorhood Business (�N} zone. Attac�ed you will find the EnvironmeIItat D�te�inateon of Nonsignificance (llNS}, Environm�ntat CheckZist, aad Exhibits tc� tt�e Checklis� If yo� have any questions, please contact Associate �lac�ner �?avict Lee at c�a�i� �ec�'�i •�t�� cofn or 253-835-2622. r��-y, ��,��w��a�-��r Communi�}r De°velopment Services Eity of Federal �Nay Street: 33325 8th t�venue South Mail: PO Box 9718 Federal Way, �A 98063 253-835-2601; Fax 253-835-2609 Scott Rhodes NCARB Rhodes Architecture file://K:�2049 Code Amendments\Size of Heaith Clubs in BN Zone�Planning Commissio... 12/17/2009 ra�c a vi a ..____ ..D.ream (. Envi�ian_� P'1� r �i�r�c:eed _tm V 206 46 . 1 , � ,�. �� . � ..F_?.A6:�'1�� ._ ....� .�� ;� � :.. CONFIDEN'FIALITY NOT�CE: This e-mail n�essage, ineluc�ing any atta�h�ne�t�, is for the sole uSe..of the intenc�ed recipient and may contain confidential, proprie�ary, and/or privileged information, as well as content subject to cupyright and o�h�r irite�lectual p�operty laws. If X.ou are not t�te m.tended recipien�, you may nat disclose, use, copy, or distribute this e-ma:il m.e�sage or its attaehments.. 0 � ��<� . -- . ,_ ; . -•;: . . • 9 . v� _ � ��a ., i � � � . . . :... . Y " I _ j . S , _ . . ' . . . . . ... '. . : ... . `i. , . .. .. . . . - . . - ' . . '�.i /. `. . . . � .. �� • e • `�3; � 66 fi�e://K:\2009 Code Amendments\Size of Health Ctubs in BN �one�Pianning Commissio... 12/17/2009 �rom: �ent: Ta: Cc: Sub�ec�: Michaei Chen (MChenQa grpmack.com] Wednesday, Decem6er 16, 2t3Q9 I1:16 a�Vl �.�C�-i � � iT �' �AG �,.? .� �_� David Lee Dietrich Wieland Code Amenctment for Health Clubs in B� zot�e �avict, FN� received �e Envi�onmenta! Determination of Nonsignif�cac�ce notiee for the code amendment to expand the size of �eatth elubs in the neighborhood business zocte. A�ter revieaciezg tEte four possible alterna�ve cade a�endments, w� rvautEf 6ke to suggest that �ltemative #4 not be ca�tsider�. E1►zder se�n 't4. �(T�ansporta�iQn) af �he SEPA ��reekt'�s� �a City has already documented that a 45,Q(fQ squate fao� Etea{�kt cttt� vrtouid generate tes� vehieettai trips per day cor►�tpared to retaik uses of the same size, such a� � gaocery store. As current{y documented in the F11�C, �Frapte� 't9.215, other similar size (40,U00 s.f:) reta�F �ses are perr�i�tec# adjaeent to reside�tiai znnes. �'herefcne, we � it unnecessa� far the Hearing Examinet t�r assess a E►ealth clu�s's pote�rtiat impaets fo acfjace�tt residential �ones. Ptease tet �rte kttav�t if you ttave any questions. Regards, MicRaef ��3t�P ��,� Logan Bt�td�ng � 500 Union SE, Suite 545 � Seatt{e, WA 98?Q1 ' T: 2Q6.749.3993 � F: 2��.749.5565 � w�n�g�a.��t�.� r�� ( v��.c� t�Qf��LPrNQ, C3REGORI � SEATTLE, WASFtINGTOlV � VA�tCDUVER, WASFltNGTON � I�I��58 Ca31SE4�$f '��18 8t�V1tti331EY3@TE� �?@�O�@ �?ftii�l�i� YItES @I'Et�tl Ttt�r�� y€�u. This emaiE is c:onfidentFal, may 6e IegaUy Privileged, and is fntended sole[y for the addr�sae. It you are not the intended recip�r�t, aocass is prohibited: As emait can be aftered, its integ�iiy is not guaranteed • 67 file:/!K:\2009 Code Amendments\Size of Health Clubs in BN Zone�Pla.nning Commissio... 12/17/2009 iii �rom: Greg Fewins � '!�..../4� i 1.� � 5 - Sent: Wednesday, December 26, 2009 8:55 AM ��` n C ?. O� �FQ: MargaFeE Cla�k; E�avid Eee t1t� G Subject: �UV: Fectera{ Way PropQSec� Arnendr�tent _� . A�tEaeEtnre�fs: BM �o�ed Areas 1.�FF; I3-2�5-E320 f�►te�aint�efit (E}PTtON 1�.doc; 19-2I5-Q20 : Entertaic�r�ter�t [f��TtOi� 2}.ctac; �9-215-�20 €flterEai�rrner�� [OPFtE?N 3).tloc; 19-215- 02U Enfe�Eainment [OP�IOk� 4}.do€; Ager�cies FEeaFEhciub 61V5.�#oc; BN Healih C{ub - .- - -.- --- SEPA Cheetc�ist.doc Ptease ensure that thsse cUr��e�ts ar� �SI�C8C� !i1 $�t� �1t1�33IEC Cflk7]C�i�E�� t'�'CqCE� �QE' ��115 COf�� !'3'��ttt�Fi'E�'�'t� �� . � Free�: Brett Thomas [mailEo:brett@mcwntainconst.eom� . � Ser�: 1At�tnesday, Deeember 16, 2009 8:48 AM '�oti �reg �ewi�s Se� �: E�al Way Proposed Amendrnerit Hi GFeg: . E a�sc��fs being ir�cl�d� a� �e e��it €ar this, and �he idea af r.ore�rnu�ica�ng praposed zoning cF�anges o�f #a ��e cc�mrnt�n�ty in t�s �nann�r. � thErrk th€s pro�sal �s a�sitiete rn�ve, si�ce 1 perc�ve �te purpase af �te BI� xo�s i� to place services elusar to neighlxtrho�s �o peapia c�+�n`t de�ve �s fae to get �r��# they n�edlwanE. t�[sa �$FfiCE�C SI'El'dII�E' ��i2S� u"�El$LC5 �V@ �#OEl�h �EfCt@ E38iC� �R��3CI�IIjd VE��F�B ��E£E C�0 CEQt Ei1CI4�£ atT'i8�1�@S �f q�anti�ij af ec�uEpmer�t fihat corts�t��s want. 1 p�rson�l�} c:�t�tinue t� � clt�$s and use a f�ine�s ce�ter beca�ss i� is �ss �Ehan �.� mit$s frorn �ny f�ous� a�c€larse eno�h t� E�ave �verytF�g I vuant So t bafeve �is Es in Kaep�r�g with �the intent c�€ BN �t� the flnanaat reaEities c��deire€c��nent a�d �ess cenEers �s an oc��a�cy. a�s! wi�l rna�e� it mor� like�y that desira�6� faa�ties +av��i b� �t�+cec3 etasec to �nrhers peopl� live. ��1'9�1' ��EB O�IO�E i?f GOk71�118'�8� ��Cl1f3Vit3� S1�9 �EJ'F�E'�81'tiftiS Prb�eets �vii! sfil! be cs�sfe�ir�ed E�y set bacics, kauffers acEd �tar�r�, ant� the siza & shape af tt�� r��i sstat�. Rs ��r con� �� ga�nt �stciings clase to neighbarh�ods, th� v€sual n�assi�g of ths �i€s�ngs vritl sfiB! be ��nag� th�ougE� �x��g c��sigrt guideNrt�s. ; �.e �egards, .:�� B�e�E Brett '1';3�c�;as �alou�t�i�a C�r�str�r�ti�n E3�rac#: �53-2�-t�fl� �$��5��2 �.�...nv.�... � P�: Tina Pi�y [mai{bo:Tina.Piety@cityoffede�a{way.com] Seet: Friday, Decem6er 04, 2009 2:2i PM Ta: �3avid Le�; Margaret Cia�k Cc: Greg Fewins; Lee Bailey; Ca►y Roe; Ke� Mitter, Isaac Conten Subjecl: Federal Way Proposed Amendment 68 file://I�:12009 �ode Acnendments\Size of Health Clubs in BN �on��Plannir�g �om�nissio... 12/I7/2009 1 0 _ ..�.. � .,_ � Ftello, -- � .�,t � . TThe �ity of��c�eraCWa`y wil��rt�id�er a�praposed amendrt��nt Yo the �ederal•Way Revised Code to expand the size af health ciubs in the Neighborhgod Business (BNj`zone. Attac�iec! you wiFl find the Enviror�mental Determination of F�ionsignifcance (DNS), ERVF�onmertt�l Checklist, attd Exht�ii�s ta the Checklist. tf you have any quesfians, ptease eontaet Associate Planner David Lee at c#avEr� lee�ci�r��ed�r�aiti�a .ar corn. or 253-835-2622. Ti,r� �%e�r, ft w�ft�c�r�t'II Community Devetopment Services - Citq of Federal Way Street: 33325 8th Avenue South Mait: PO Box 9718 Federal Utlay, WA 98063 253-835-2601; Fax 253-835-2609 69 file:/fK:12009 Code AmendmentslSize of Health Clubs in BN ZoneiPlanning Commissio... 12/17/2009 ATTACHMENT 2 �o CTTY OF FEDERAI. WAY PLANNING COMMISSION January 6, 2010 City Hall 7:00 p.m. Council Chambers MEETING MiNUTES Commissioners present: Merle Pfeifer, Hope Elder, Sarady Long, Lawson Bronson, Wayne Carlson, Tom Medhurst, and Tim O'Neil. Commissioners absent: none. Staff present: Community Development Services Director Greg Fewins, Planning Manager Isaac Conlen Senior Planner Margaret Clark, Associate Plarmer Matt Herrera, Associate Planner David Lee, SWM Project Engineer Fei Tang, Assistant City Attorney Peter Beckwith, and Administrative Assistant Tina Piety. Chair Merle called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of November 4, 2009, were approved as written. AUDIENCE COMMENT None ADIVIINISTRATIVE REPORT None COMMISSION BUSINESS ELECTIONS Commissioner Bronson nominated Hope Elder as Vice-Chair. There were no other nominations. The vote was held and she was elected unanimously. Commissioner Bronson nominated Merle Pfeifer as Chair. There were no other nominations. The vote was held and he was elected unanimously. CHANGE TO PLANNING COMMISSION RULES Ms. Piety explained the proposed changes and reason for them. There are three proposed changes. Staff is proposing to change the time of election for officers from October to the first regularly scheduled meeting of the year. Holding elections in October is not intuitive and many times staff overlooks scheduling elections at that time. Staff proposes to not state a particular month because the Commission only meets when there is business to be conducted and they may not meet in the month named. Commissioner Elder commented that it is a good idea to hold elections at the first of the year because new Commissioners are appointed in October and this would give them time to get to know those who are nominated and be able to make an informed choice. The second proposed change is to delete the word "tape" when it appears before "recording." The meetings are and will continue to be recorded, but they are digital, not tape, recordings. The third proposed change is to delete "Process IV" when it appears before "review." This refers to the type of land use process and the speci�c number of that process has changed Staff does not propose to change the number (simply delete it) in case it should change again in the future and because the word "review" by itself is an adequate description. Commissioner Medhurst moved (and it was secondec� to adopt the purposed changes to the Planning Commission Rules as presented. The motion carried. K:�Plannu�g Commission\2010�Meetmg Summary O1-06-10.doc �] 1 Planning Commission Minutes Page 2 January 6, 2010 PUBLIC HEARING — Proposed Deferment of Open Space Fee-in-Lieu and Regional Stormwater Facility Fee Mr. Herrera delivered the staff presentation. The Planning Commission held a public hearing on this issue on November 4, 2009, and recommended to retain and codify the current policy of open space fee collection prior to plat recording and regional stormwater facility fee collection prior to engineering approval. Following the Planning Commission recommendation, the City Council's Land Use/Transportation Committee (LUTC) has held two public meetings regarding this policy issue. At the November 16` meeting, the committee requested Garrett Huffman of the Master Builders Association (MBA) and Sam Pace of the Seattle King County Realtors to submit written comments on the issue and present those comments at the next LUTC meeting. At the December 7` meeting, Mr. Huffinan and Mr. Pace submitted comments proposing to defer the regional stormwater facility fee to point of sale for single family residential and Certificate of Occupancy for commercial and multi-family development. The LUTC then returned the item back to the Planning Commission far further proceedings. Staff's recommendation remains unchanged from the original November 4, 2009, staff report to the Plarming Commission. That report recommended to: retain and codify the existing policy of collecting open space fee- in-lieu payments prior to final plat recording; and retain and codify the existing policy of collecting regional stormwater facility fees prior to engineering approval. Garrett Huffman, Master Builders Association — He commented he is confused why this issue has come back to the Planning Commission at this point. It is his understanding that the council feels all fees the city collects should be done through escrow and that they will be requesting staff to prepare an ordinance regarding the collection of all fees. Given this, it seems the Planning Commission should wait on this issue until the future ordinance. Mr. Herrera commented that in regards to the School Impact Fee, the Federal Way Public Schools implements the policy and the city simply collects the funds. In 2009, the council adopted an ordinance in regards to Traffic Impact Fees and when they will be collected That ordinance becomes effective in June 2010. The only two fees in question in regards to when they are collected are the open space fee-in-lieu and regional stormwater facility fee. Mr. Fewins commented that staff understands that the LUTC's request is for staff to re-present the question of when open space fee-in-lieu and regional stormwater facility fees are to be collected to the Planning Commission and to include the comments from Mr. Huffman and Mr. Pace, which the Planning Commission did not have at the last public hearing. Mr. Beckwith concurred Corrunissioner Carlson commented that he is also confused because he thought that in the future all fees would be in the same section of the city code. He does not see a need to collect all the fees at the same time. He feels fees should be collected when the impact occurs. Chair Pfeifer went over Mr. Pace's comments and stated he agrees with them on the surface. Commissioner Bronson commented that it is his understanding that a developer has a choice about whether to build their own stormwater facility or use a city facility and they would only pay the stormwater facility fee if they chose to use a city facility. He does not think it is unreasonable to request the funds be paid u}� front. Commissioner Elder commented that she feels the Commission made a thoughtful and right decision last time and sees no reason to change that decision. Commissioner Long commented that stormwater facility fees are comparatively small and he sees no reason why they cannot be paid up front. Commissioner Bronson moved (and it was secondec� to recommended adoption of the staf�s recommendation (Option 1) for the open space fee-in-lieu. The motion carried unanimously. Commissioner Bronson moved (and it was secondec� to recommended adoption of the staff's recommendation (Option 1) for the regional stormwater facility fee. The motion carried unanimously. The public hearing was closed. K:�PFanning C�nunission\20IO�Meeting Summary OI-OG-lO.doc 7 2 Planning Commission Minutes Page 3 January 6, 2010 PuBLIC HEaRUVC — Amendment to Expand the Size of Health Clubs in the Neighborhood Business (BN) Zone Mr. Lee delivered the staff presentation. He went over the background of zoning for health clubs in Federal Way. Currently, health clubs are allowed in the Neighbarhood Business (BN) zone with a 25,000 square foot maximum size limitation. In 2008, a health club facility applied for a variance to exceed the square foot limitation to occupy an existing vacant 43,061 square foot Albertson's building within the BN zone. The application was ultimately denied by the hearings examiner. The city wants to improve the occupancy of larger vacant buildings (such as the vacant Albertson's) and the tenant spaces in the BN zone, many of which were built prior to the 1990 incorporation of Federal Way. The proposal is to amend the Federal Way Revised Code (FWRC) Chapter 19.215 related to the size of health clubs in the Neighborhood Business (BN) zone by adopting one of the following possible options: 1. Remove the square foot limitations for health clubs in all BN zones. 2. Remove square foot limitations for health clubs only for those parcels in the BN zone located in the vicinity of 21 Avenue SW and SW Campus Drive. 3. Increase the square foot lixnitations for health clubs in all BN zones to 45,000 square feet, or; 4. Allow health clubs of more than 25,000 square feet within all BN zones with a Process IV Hearing Examiner Decision and decisional criteria to assess potential impacts to adjacent residential zones. Mr. Lee went over the pros and cons of each option (found in the staff report). Staff recommends Option #2 because it serves the greatest good with the least amount of impact. Mr. Lee also stated that the city received three email comments which may be found attached to the staff report. The meeting was then open to public comment. Michael Chen, Group McKenzie — He thanked the staff for their work. He supports the staff recommendation. Laurie Montgomery, Lighthouse Laundry Owner — She commented that the Albertson's building has been vacant for over three years and has had a detrimental effect on all businesses in the area (graffiti, vandalism, etc.). Other shopping centers in the area have been recently remodeled, leaving the Albertson's area looking bad in comparison. It would be a win-win situation to have a health club in the old Albertson's building. She and her husband (Patrick Montgomery) support the proposed amendment. Corrunissioner Elder expressed concern that the city would be "spot-zoning" with this proposal since it only affects health clubs. Mr. Beckwith replied that since it does not identify a specific site, it is not spot-zoning. Commissioner Elder asked if the city is discriminating on behalf of health clubs. Mr. Lee replied that different zones throughout the city have different size requirements for different types of businesses. Commissioner Bronson commented that there are only about six or seven properties in the entire BN zoning districts that can accommodate a large building. Given this, he suggests the Commission consider Option # 1 (removing the square foot limitation for health clubs in all BN zones). Mr. Lee commented that staff has not analyzed all the BN zones and therefore, do not l�ow for sure if there are only six or seven properties. Commissioner Carlson agrees and stated that health clubs are a good fit for neighborhoocl businesses. Mr. Fewins commented that staff does not object to Commissioner Bronson's proposal. Later this year, staff intends a more comprehensive analysis of the BN zone, which may lead to additional proposed amendments. In the meantime, the city council directed staff to address the health club size issue, hence the current proposal. K:\PFanning Commissian\201(AMeetmg Summary O1-06•10.doc �] 3 Planning Corrunission Minutes Page 4 January 6, 2010 Commissioner Medhurst commented that the proposed amendment could help alleviate traffic in the city center by keeping people closer to home. Commissioner Carlson moved (and it was secondec� to recommend adoption of Option #2. The motion carried unanimously. ADDITIONAL BUSINESS None AUDIENCE COMIVI�NT None ADJOURN The meeting was adjourned at 8:00 p.m. K:�Plannmg Commission�20t0�Meetfrig Sununary 01-06-10.doc 7 4 ATTACHMENT 3 75 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the expansion of size of health clubs in the Neighborhood Business (BN) zone; amending FWRC 19.215A20, "Entertainment". (Amending Ordinance No.'s 06-515, 03-450, 97-291. 96-270, 93-170, and 90-43) WHEREAS, the City recognizes the need to peri Way Revised Code (FWRC), "Zoning and Development ; federal law, codify administrative practices, clarify_�� : ;,: ;�\`.�.��.. necessary, and improve the efficiency of the r�'u��ra; and WI�REAS, this ordinance, cont� text of Title 19 FWRC, has complied with chapter 19.35 FWRC; amendment to I: Program; A��` �` ',�n the � for the ' �%� � the C��,�,'� eder. /�� ,AS, this c��.an ��nent regulations and the �,, 19.80 FWRC, pursuant to interest�`��r��,,the City Council to adopt a new code f.� `�:�z�,�timitations on Health Club facilities within the ; and was a part of the 2009 Planning Commission Work 19.215.020 currently restricts the size of health clubs to 25,000 square feet within Ne��hborhood Business (BN) zones throughout the city, and WI�REAS, the City is proposing to remove square foot limitations for health clubs only for those parcels in the BN zone located in the vicinity of 21 Avenue SW and SW Campus Drive; and Ordinance No.09- Title 19 of the Federal :o��" in or` ` conform to state and ,.'�� f ��`' /`� up te zoning r ions as deemed . f �� and?.r�.�, development �w process; Page 1 of 7 Rev 1/10 LU 76 �VHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on December 5, 2009, and no comments or appeals were received and the DNS was finalized on January 5, 2010; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on Januaty 6, 2010; and forwarded a recomm �� of a roval of staff �, PP ,Q�*�� .,. recommended Option #2, which rernoves the square foot lir��ati or health clubs only for ti�' � sE?i' � `� ' � , those parcels in the BN zone located in the vicinity of 2�,,,;�,Xe�ie SW Campus drive, to ; /J,�� F��. � the City Council• and '�'` ) %fi l�F. :`� �\�\ � l/ ` lfl fr ...�,��\ /// , �,�" . . / i/ \ . . WHEREAS, the Land Use/Transportation Coi'i��,e�b�t�ft� Federal War� City Council "`�� ;,�. rr • . considered these code amendments on �xuary 1, 2010, ari ,��ommended adoption of the tea�t amendments as recommended by the Plan NOW, THEREFORE, THE CITY WASHINGTON, LLOWS' sion. OF FEDERAL WAY, of �ndings wi,�� `� ,��` `' .��'` :�`�� These ,.. <:>:�..:.;: .. �� \,. will benefi� � �; ity �� the BN zone wit ' \ zoning restrictions pl ity of Federal Way makes the following in the best interest of the residents of the City and as a whc��by satisfying a growing need to occupy large vacant buildings in \' ` that can not be reasonably reduced in size to accommodate the on commercial buildings in this zone. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. Ordinance No.09- Page 2 of 7 Rev 1/10 LU 77 (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 FWRC. Section 2. Conclusions. Pursuant to chapte�;%;�.80 FW$ and chapter based upon the recitals and the findings set forth in `�'`'.�`�', makes the following Conclusions of La��ith respect to adoption of the proposed amendments: (a) The proposed FWRC ,�� implement, the follow' :� Federa y ,�� \. � LUGl I the � � ` \\,o �i��.,,. .::>;�:::��:�';,F��%i,�Jse resi ' 1 de; LUP44 � and Federal W��' City Council criteria necessary for the with, and substantially ►reh'�sive Plan goals and policies: \. and �'~ on of the built environment. �-.•. •-�� ,,. a ce standards to maintain neighborhood compahbiliry with surrounding uses. Enc `` `'' e neigl��iood retail and personal services to locate at apprapriate locati `� - here�bcal economic demand and design solutions demonstrate compat� , 'ty with the neighborhood LUP��f`;� des'` ating new or expanding existing Neighbarhood Business centers, the !�'. �� zoning and land use shall be carefully considered. New Neighborhood ``'�'��,�/ � iness centers are most appropriately located adjacent to multiple family and '�iigh-density single-family residential areas. LUP6 Conduct regular reviews of development regulations to detennine how to improve upon the perniit review process. L��7 Ordinance No. 09- In order to encourage efficient and desired development and redevelopment of existing land designated and zoned for various types of commercial uses, when considering proposals for comprehensive plan amendments and rezones to commercial designations and from one commercial designation to another, the Page 3 of 7 Rev i/10 LU required under the 78 City will consider development trends in commercially zoned areas, market demand for various types of commercial land, and amotuit of vacant commercial land. EDP10 The Ciry will work with the private sector to actively encourage the retention and expansion of existing businesses, as well as bring in new development, businesses, and jobs to the communiry. EDP18 The Ciry will periodically monitor local and regiona��i to be able to adjust plans, policies, and progra.x�. �!f% • � ��`� :. EDP19 The City will actively work with represent� g'� of business and propertY owners, including the Federal Way Cha � f and ot�`��,.;��al business associations, to enhance citywide and.��r planning. , ; , ,,;ir `�\�� \\ "i�i%��. (b) The proposed FWRC amendment ,�rs a sub tantial relatiori.,�, -�to he public , `� � `,��,,,,�. ,,,...,..��, ,,", ;,,, ;:;�� ,, health, safety, and welfare because it provides for mo �'` ��re��n�,activities co��ributmg to the \ public health and welfare of surroundin�. eighborhoods an city as a whole. Additionally the �%%%%;%j,, �\,. .,. . ::,� . amendment affords the ability for the re-u� �,�' vacant bui `�vhich would otherwise be � `;:.:>:>� '; `'////;��;, , �' a draw for graffiti, vandalism, and various ot -`� p;- c�j�which would be detrimental to ..�.�\.�. � / ; ; % i '` y,\.��\�:: � �� _ `F� , //,j/'` the safety of neighbor c��s wit �� e general v��.�nity.. i�� %i ;.:::::\: \\ � � � %` (c) The prop � ent is in the �� interest of the public and the residents of �ti��; .ti �.�; .. , �Z°�� r ., ..;,; .,,, \�.�.�� \\\\*: , ,, the City of,��,t�;� bec it wou � de the opportunity for more possible uses of f%' � „-,,i ��,'�'�/�/f/;;; �\� ,%>��' � , ,€ �. larger;,�`'�ting vacant buY��s an �»�or more recreational activities. !' '� F ,`'�`': `:f ,. /,f ^ % , r ,.� � �� .•�� CL f7 Secti' .':. Chapter 1�r� 5.02d Use Zone Chart Entertainment of the Federal Way <c:>�:>::,, i/, �`<;<.",;'> %% ' c:i%/i;. Revised Code is�'�'��;��y ame ed to add new language to read as follows: Ordinance No.09- Page 4 of 7 Rev 1/10 LU 79 19.215.020 Entertainment. The followin� uses shall be permitted in the neighborhood business (Bl� zone subject to the USE ZONE CHART z DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS ,,�\ � Minimums `,,`� ., \�� N Re uired Yards q /`�`� � V U � Y�. b a � o � � �' BN ��., � 3 � " � %'',; o.?: fn K a, � �e„n �� ae ;`�%;:�• ',; m m o a �d i ' °' � ;. �, j, ''%'.�`(i USE � � ..� w v� � x � � w `'' 'e .,,•, . Private lodge Process None 0 ft. 10 ft 10 ft 35 ft. above 1 for each 1. Crross floor area of this use x or club II See notes 3 and 9 average 100 sq. ft. of 10,000 sq. ft. for private club or lo `�Oi See building gross floor recreatio a1, or cultural services or acft�gS;, �-r Art gallery note 7 elevation area for SW Cam ��; • ive ma exceed the 25 0��% ' restaurants; 2. For retail` ti �' �� tment ptoviding ente � 4 Restaurant or tavern Fast food � c:,ta`:1isi::: r,. ; F_ n� _,ti rt: :::f;.ai':�.^.r:;;> . I�Y:fH}SfO::L, .7. J.:�Ys•fsi .,�t?:w: .�- rs:tivi:ies See note 3 contained wi� ,� ;' �. No outdoor uses i foreach80 3.Ifanyporti ``pfa � the subject: sq. ft, for fast shucture shall n�xcee�'� ,` averag food 20 ft, from the pr , y line � �' ,'�1 witlrin 100 ft. of a residential zone, then that portion of the elevation and the structure sha11 be set back a minimum of restaurant . 4. The hours of op��ese use�� `'Timited to reduce impacts on neazby residential areas. � ��f% . Access to and fro e-tUrough faci s must be approved by the public works departmenk Drive-thmugh s� `'lities must be desi d so that velriclbs will not block haffic in the street wlule waiting in line and will not �, terniined sonably interfere on-site tsaffic flow. case by- st food restaurants t provide one outdoor waste receptacle for every eight parking spaces. sis 7 maxixnum lot co '`La`stablished Instead, the buildable area will be determined by other site development � ' nts, i.e., require ers, parking lot landscaping, surface water facilities, etc. ��,� si �'delines that apply to the pmject, see Chapter 19.115 FWRC. ��i/ . For lan f inents that apply to the pmject, see Chapter 19.125 FWRC. / F � � . For sign require ents that apply to the pmject, see Chapter 19.140 FWRC. �fer to Chapter 19.265 FWRC to deternune what other provisions of this chapter may apply to the subject 12. uses are not permitted as principal or accessory uses in tlus zone as of February 7, 2006. Any such pre-e use shall not resume activity if said use ceased for the consecuGve 12-month period immediately preca ng February 7, 2006. Any such use existing on February 7, 2006, shall be discondnued at such time as the use ceases fro any consecutive 12-month peiiod. Proces,a I, Il, III and IV are described in Chapter 19.55 FWRC, Chepter 19,60 FWRC, Chapter 19.65 FWRC, Chapter 19J0 FWRC respectively. Ordinance No.09- For other infomiation about perking and parking areas, aee Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For detaila regerding required yards, aee FWRC 19.125.160 et seq. Page 1 of 7 Rev 1/10 LU set forth in this section: TIONS 7,Sd'(3� sq. ft. for restaurariis; 5,000 sq. ft. for fast food restaurants; sq. ft. for health clubs or retail establishment providing entertainment, . .,, , . , . . • ., _ „�, -- ' °.°- -�•.,. �.,, __� or cultural services or activifies, the uses must be Section 4. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this orciinance, 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 val�� ts application to any other persons or circumstances. Section 5._Corrections. The City Clerk and authorized to make necessary corrections to this or :'f ., ' �,,/�,,.,` a correction of scrivener/clerical errors, references, ordi. numbers and any references thereto. '%;,,,, . �th the of are Section 6. Rati�cation. Any act � date of this ordinance is herebv ratified and but not li�� t� the and prior to the effective is ordinarf'� shall be effective five (5) days after passage and publication as ....;�,,;� ,�` . of the �� of Federal Way this 2 day of March, 2010. � '�;� ::��"' CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR AT' CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: Ordinance No. 09- Page 1 of 7 Rev 1/10 LU 81 CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORl - - - Ordinance No. 09- Page 2 of 7 Rev 1/10 LU 82 COUNCIL MEETING DATE: February 16, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL Sus.rECT: NPDES Permit Requirements/Annual Report and SWMP POLICY QUESTION Should Council approve the 2009 Annual Report and Stormwater Management Program (SWMP) documents for submittal to the Department of Ecology as required by the Western Washington (NPDES) Phase II Municipal Stormwater Permit? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE February 1 , 2010 ❑ Public Hearing ❑ Other � STAFF REPORT BY: William Appleton P.E., SWM Manager �'��DE�'t': Public Works __Ho11ie Shilley, NPDES Coordinator __..-------- _----..__._._..._..._..----.----.--�--_-- Attachments: Land Use and Transportation memorandum dated February 1, 2010 2009 Annual Report and Stormwater Management Program Options Considered: 1. Approve the 2009 Annual Report and SWMP documents and authorize the City Manager to submit documents to the Department of Ecology by March 31 �` to satisfy the City's NPDES Permit obligations. 2. Do not approve the 2009 Annual Report and SWMP documents and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the February 16, 2010 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: ,(� GhI �vn I"a� DIRECTOR APPROVAL: � Committee Council Cortunitfee Council COMMITTEE RECOMMENDATION The Committee recommends forwarding Option 1 to the February 16, 2010 Council Consent Agenda for approval. Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COiJNCIL MOTION "I move approval of the 2009 Annual Report and SWMP documents and authorize the City Manager to submit said documents to the Department of Ecology by March 31 s ` to satisfy the City's NPDES Permit obligations. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1� resding ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # 83 CITY OF FEDERAL WAY MEMORANDUM DATE: February 1, 2010 TO: Land Use and Transportation Committee VIA: Cary M. Roe, P.E., Parks Recrearion & Cultural Services Directar, Public Works Director C/L� FROM: W�iamAppleton, P.E., Surface Water Manager� Hollie Shilley, NPDES Coordinator & Water Quality Specialist }k� , SUBJECT: NPDES Permit Requirements/Annual Report and SWMP BACKGROUND: The National Pollutant Discharge Elimination System (NPDES) is a federal per�rrit that regulates stormwater and wastewater discharges to waters of the State. While it is a federal perririt, the regulatory authority lies with Washington State Deparhnent of Bcology (DOE). The NPDES Phase II Municipal Stormwater Permit for Western Washington was issued by DOE on January 17, 200? and went into effect on February 15, 2007. The permit requires that all affected municipalities create and implement a Stormwater Management Program (SWMP) which addresses five required program elements: 1) Public Education and Outreach, 2) Public Involvement and Pa.rticipation, 3) Illicit Discharge Detection and Elimination, 4) Construction Site Run-Off, and 5) Operations and Maintenance of Post Construction Stormwater Facilities. While the Perrrrit went into effect in February of 2007, the perrrrit phases program implementation requirements through 2012. In addirion to the SWMP, the pernrit also requires pernuttees to submit an Annual Report intended to update the DOE on the status of the permittee's compliance with the NPDES Phase II Pernut. Annual Reports must be submitted to DOE on or befare March 31 of each year. Since the effective date of this permit, City staff has been working with the DOE and several regional foruxns to deterrmne how to best meet the perinit requirements. City staff has prepared the following documents to meet the 2009 SWMP and Annual Report requirements as specified under the permit. • The SWMP descnbes the City's applicable existing progranis, as well as the plan to update and modify these programs as necessary to meet the requirements of the perrrut. The SWMP is a planning document which will be updated each year. The SWMP is considered a draft document until the final document has been approved and supporting ordinances have been adapted by City Council in 2011. • The Annual Report is primarily a 94 item checklist intended to illustrate the CiTy's compliance with the NPDE5 Phase II Permit. [Note: Pursuant to the guidance provided by the Department of Ecology, the answer "Yes" was only used when the program is fullv implemented The answer, "No" or `�1A" and brief comments were used to describe the status of all other permit requirements.] cc: Project File Day File 84 RETURN TO: CITY OF FEDERAL F AY LAW DEPARTMENT REQUE5T FOR CONTRACT PREPARATIONlDOCUMENT REV�W/SIGNATURE ROUTING SLIP l. ORIGINATING DEPT./DIV: PUBLIC WORKS/SURFACE WATER MANAGEMENT 2. ORIGINATING STAFF PERSON:HOLLIE SHILLEY ESA & NPDES Cooitn. EXT: 2752 3. DATE REQ. BY: (/ (�/ a� IC � 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE/LABORAGREEMENT ❑ PUBLIC WORKS CONTRACT ❑ SMALL PUBLIC WORKS CONTRACT �,ass z�+rr �aoo,000� ❑ PURCHASE AGREEMEATT� (MATERIALS, SUPPLIES, BQi7IPMEN'1� ❑ REAL ESTATE DOCUMEATT ❑ SECURITY DOCUMENT (B.G. ac-�zFFM�' & PERF/MAIN BOND; ASSIC�TIl�Iffi 7T OF FLTNDS 3N LISU OF SOND) ❑ CONTRACTOR SELECTIOAT DOCUMENT �.G,xFS,xFr,�� ❑ CONTRACT AMENDMENT AG#: ❑ CDBG �4 OTHER 5. PRO7ECT NAME: NPDES ANNUAL REPORT AND STORM WATER MANAGEMENT PROGRAM LTPDATE 6. NAME OF CONTRACTOR: NoTArrracaBLE ADDRESS: TELEPHONE SIGNATURE NAME: TITLE 7. ATTACH ALL EXHIBITS AND CHECK BOXES O SCOPE dF SERVICES ❑ ALL EXFIIBITS REFERENCED f1J DOCUMENT � INSURANCE CERTIFICATE � DOCUMENT AUTHOItiZING SIGAIATURE 8. TERM: COMIVIENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION $ NOT APPLICABLE �INCLUDE EXPENSES AND SALES TAX, IFANY� (IF CALCULATED ON EiOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLAYEES TITLES AND HOt.IDAY RATES) REIMBURSABLEEXPENSE: �YES ❑NOIFYES,MAXIIv1UMDQLLARAMOUNT: � IS SALES TAX OWED ❑YES ❑ NO IF YES, $ PAID BY: � CONTRACTOR � CITY ❑ PURCHASING: PLEASE CHARGE TO: 1 O. CONTRACT REVIEW �� I1�IITIAL/DATE AP � OVED �' PROJECT MANAGEI�� i L.l.. /!� �� I r;l Dq�� /ZT�9' t�b 5 G� DIRECTOR e�(Z �'o ❑ I;��.$ �' LAW � �" �( - � 1�0 11. CONTRACT SIGNATURE ROUTING II�IITIAL/DATE APPROVED ❑ LAW DEPARTMENT I�CITYMANAGER ❑ CITY CLERK � SIGN COPY BACK TO ORGINATING DEPT. � ❑ ASSIGNED AG# COMIVIENTS IlVITIAL/DATE APPROVED -��/'1 t2�?"c r° INITIAI,/DATE APPROVED �u.rc: z r� 1 � o CUu.rJ U L � �. �.,�� o�ios f/(e/( 0%P� �1.n wo..c c1� -�'' �T�:`�.l ti? f:�'..�C 1` ��.. r CITY OF �� Federal Way Stormwater Mana ement g Pro ram g S��1MP 2009 Annual Update Pursuant to the Western Washington Phase II Municipal Stormwater Permit # WAR 04 — 551G 86. TABLE OF CONTENTS BACKGROUND .................................................................................................................................. 1 INTRODUCTION ................................................................................................................................ 2 5ECTION 1- PUBLIC EDUCATION AND OUTREACH .............................................................3 I. Targeted Audiences and Subject Areas ..................................................................................3 II . Measure Understanding .......................................................................................................... III. Track and Maintain Records ................................................................................................... SECTION 2- PUBLIC INVOLVEMENT AND PARTICIPATION ...........................................11 I. . Public Participation in Development of SWMP ...................................................................11 II. Evaluation of Public Comments ...........................................................................................1 III. Stewardship Programs & Environment Activities ................................................................13 IV. Web Page - SWMP and Annual Report ................................................................................13 SECTION 3- ILLICIT DISCHARGE DETECTION AND ELIMINATION .............................14 I. Municipal Storm Sewer Map ................................................................................................ II. Illicit Discharge Detection and Elimination (IDDE) Ordinance ...........................................14 III. Implementation of IDDE ...................................................................................................... IV. IDDE Education (Hazards Associated with Illicit Discharges) ............................................16 V. IDDE Assessrnent, Evaluation and Tracking ........................................................................16 VI. Municipal Field Staff Training ............................................................................................. SECTION 4- GONTROLLING RUNOFF FROM CONSTRUCTION SITES ................:.........18 I. Program Ordinance and Enforcement Mechanisms .............................................................18 II. Permitting Process with Review, Inspection and Enforcement ............................................19 III. Inspection Program to Verify Long-Term Operation & Maintenance of Stormv�+ater Facilities ............................................................................................................................ 21 IV. Tracking Inspections, Enforcements, Warnings and Violations ...........................................22 V. NPDES Forms Available to the Public .................................................................................22 VI. Verification Staff Responsible for Progra.m Implementation are Trained ............................22 SECTION 5-� POLLUTION PREVENTION AND OPERATIONS AND MAINTENANCE ...23 I. Maintenance Standards ......................................................................................................... II. AnnualInspections ................................................................................................................ III. Spot Check Inspections ......................................................................................................... N. CB ancl Inlet Inspections ....................................................................................................... V. Compliance with Inspection Requirements ..........................................................................24 VI. Practices to Reduce Stormwater Impacts ..............................................................................24 VII. BMPs to R�duced Pollutants Discharged from City Lands ..................................................24 VIII. Develop & Impiement On-Going Training ...........................................................................25 IX. Develop and Implement SWPPPs (Heavy Equipment and Storage Yards) .........................25 X. Record Keeping and Tracking .............................................................................................26 Page i City of Federal Way NPDES Phase II Stormv�ater Management Program 7 BACKGROUND The National Pollutant Discharge Elimination System (NPDES) is a federal permit authorized under the Federal Clean Water Act of 1972 (as amended in 1977) that regulates stormwater and wastewater discharges to waters of the State. While NPDES is a federal permit, it is primarily administered by state governments. The NPDES Phase II Municipal Stormwater Permit for Western Washington was issued by the Washington State Department of Ecology on January 17, 2007 and went into effect on February 16, 2007. While there are several types of NPDES permits, the municipal permit is intended to reduce the impacts from both point source (i.e. construction site run-of� and non-point source pollution carried by stormwater. Construction site run-off and non-point source pollution, such as oils and metals from cars, fertilizers and pesticides from lawns, soaps from car washes and pet waste are major contributors to water quality degradation in our lakes, streams, wetlands and the Puget Sound. One of the major requirements under the Municipal NPDES Permit is that all affected municipalities create and implement a Stormwater Management Program (SWMP) which addresses five required program elements: 1) Public Education and Outreach, 2) Public Tnvolvement and Participation, 3) Illicit Discharge Detection and Elimination, 4) Construction Site Run-Off, and 5) Operations and Maintenance of Post Construction Stormwater Facilities. While the permit went into effect in February of 2007, the permit phases program implementation requirements through 2012. On June 17, 2009, the Washington State Department of Ecology iss�ed a general permit modification to address outcomes of appeals and orders made by the Pollution Control Hearings Board. This Westem Washington Phase II Municipal Stormwater Permit modification became effective on July 17, 2009. Page 1 of 26 City of Federal Way NPDES Phase II Storm��er Management Program INTRODUCTION 'This document has been prepared to meet the City of Federal Way's Westerri Washington Phase II Municipal Stormwater Permit (Permit) requirement for development of a Stormwater Management Program (SWMP) identified in Section SS.A.2 of the Permit. The City's SWMP provides guidance on reducing the discharge of pollutants from the City's Municipal Separate Storm Sewer System (MS4) to the maximum extent practicable (MEP), meet Washington State's All Known and Reasonable Technology (AKART) requirements, and protect water quality once it is fully implemented. Many of the required SWMP elements are already being implemented by the City. The City gathers, tracks, maintains and uses information on an on-going basis to facilitate development of the SWMP, its implementation, Permit compliance, and to set surface water related priorities. Pursuant to the requirements of the Permit, the SWMP is updated annually. The SWMP is a draft document and is used as a planning tool until such time as the SWMP and any supporting ordinances have been formally adopted by the City of Federal Way City Council. Relation�hip to 1995 Surface Water Mana�ement Comprehensive Plan The following SWMP should be considered a draft update to Chapter III (Surface Water Utility Programs) of the City of Federal Way 1995 Surface Water Management Comprehensive Plan. The other chapters of the 1995 Comprehensive Plan are still in effect. Page 2 of 26 City of Federal Way NPDES Phase II Storm��ter Management Program SECTION 1- PUBLIC EDUCATION AND OUTREACH "The SWMP shall include an education program aimed at residents, businesses, industries, elected officials, policy makers, planning staff and other employees of the City. The goal of the education program will be to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts. The City's education program may be developed locally or regionally. "(Permit Requirement S5. G 1) Pursuant to Permit Requirement SS.C.l.a., a Public Education and Outreach Program must be in place by February 16, 2009. The City of Federal Way maintains an active Public Education and Outreach Prograxn. The City uses a variety of approaches to inform residents and businesses about stormwater pollution prevention, stewardship opportunities, capital improvement projects, watershed planning and maintenance activities, engaging both citizens and stakeholde�s alike. The Surface Water Management Division (SWM) is actively producing and distributing public educational materials (i.e. posters, press releases, brochures, booklets and flyers) on a variety of subjects related to improving water quality. All SWM publications are available on the web at http://www.cityoffederalway.com/S WM. I. Targeted Audiences and Subject Areas (Permit Requirement SS.C.I.a) SWM's programs target a wide variety of audiences and subject areas. The progra,tns are arganizecl by targeted audiences and subject areas as iclentified in Section SS.C.l.a of the Permit. A. The General Public l. Irnpacts of Stormwater Flows into Surface Waters and Impacts from Impervious Surfaces Impacts of impervious surfaces and resulting stormwater flows axe addressed in several ways within SWM's existing public education, outreach and involvement programs, including through our quarterly newsletter (The Water Log), web pages, catch basin curb markers, charity car wash kit program, natural yard care workshops, pet waste brochures and local government access channel (Channel 21) programming and public service announcements. Further, SWM staff is actively involved in The STORM Group (the Regional NPDES Education and Outreach Forum) and implementing the regional stormwater educational campaign Puget Sound Starts Here. The STORM Group is a group of public education and outreach professionals from Phase I and Phase II jurisdictions within the greater Puget Sound area, working together to share and develop education and outreach programs and research. The STORM Group Page 3 of 26 City of Federal Way NPDES Phase II Storm�er Management Program coordinates its regional stormwater education campaign efforts with the Puget Sound Partnership. B. Source Control BMPs, Environmental Stewardship Actions, Pet Waste, Vehicle Maintenance, Landscaping and Buffers 1. Source Control BMPs a. Construction Site Erosion Control Brochure SWM has developed an erosion/sedimentation control educational brochure targeting single family contractors. The brochure outlines erosion control inspection processes and provides details on the standard best management practices (BMPs). The brochure is provided with all new single family construction permits, and distributed during the preconstruction conference. b. Restaurant Industry Poster The Good Cleaning Practices for the Restaurant Industry Poster describes industry specific waste disposal and cleaning best management practices in three languages; English, Spanish and Korean. The poster is designed to reduce the number of illicit discharges from restaurant businesses. The posters were originally delivered to all restaurants within the City of Federal Way in 2004 and are were re-distributed to all current restaurants and property owners/managers in November and December of 2009. The posters are also handed out, when appropriate, through the Illicit Discharge Detection and Elimination (IDDE) Program. c. Auto Inclustry Poster The Good Cleaning Practices for the Automotive Industry Poster describes industry specif c waste disposal and cleaning best management pr�ctices. The poster is intended to reduce the number of illicit discharges from automotive businesses. The posters were hand delivered to a11 auto industry businesses within the City of Federal Way in 2004 and 2007, and continue to be handed out through the IDDE Program, when appropriate. d. Catch Basin Curb Marker Program Through this program, local youth organizations, like Boy Scouts and Girl Scouts and other special interest groups, volunteer to glue these colorful four inch plastic markers to curbs, sidewalks or roads adjacent to catch basins in residential neighborhoods. The program is designed to raise awareness that all City storm drains flow to natural waterways. e. Charity Car Wash Program Page 4 of 26 City of Federal Way NPDES Phase II Stormv�aler Management Program As a proactive measure to educate and assist the public interested in holding charity car wash events, the City maintains the Fish Friendly Car Wash Program. The program offers two "fish friendly" car wash alternatives: 1) Sell charity car wash tickets through the Puget Sound Car Wash Association; and 2) Check out car wash kits free of charge. Kits are borrowed from the City for charity events held within the City. The kits are designed to divert wash water to the sanitary sewer system. The program also disseminates public education materials in the form of letters, flyers and press releases targeted at local charities and special interest groups, as well as local businesses. f. Mobile Business Pollution Prevention Brochure This brochure identifies Best Management Practices for mobile businesses such as landscapers, cleaning services, and auto detailers. It specifies ways to properly dispose of wash water, dispose of chemicals, clean up spills, and practice environmental friendly landscaping techniques. 2. Environmental Stewardship a. Pet Waste Brochure The pet waste brochure identifies the numerous adverse impacts pet waste can have on water quality and describes environmentally friendly clisposal techniques. Pet waste brochures are displayed at local parks, pet stores and veterinary clinics. In addition, pet waste signs are posted and collection bags are provided in City parks. Pet waste impacts are also addressed througli the STORM Group's regional storm�vater education campaign. b. Don't Feed the Ducks or Geese Poster This poster was created by King County and displays four re�sons not to feed the ducks or geese. Posters are on display at local lakes and ponds and are distributed to North and Steel Lake residents annually as a part of their agu�tic weecl management programs. This year they were also distributed to a�I residents on Easter Lake. They are designed to recluce nutrient loading and other harmful impacts resulting from feeding waterfowl. c. Be a Lake Steward Flyer The lake steward flyer encourages lake residents to adopt or modify residential practices and behaviors to help improve water quality in local lakes. The flyer is distributed annually to residents of North Lake and Steel Lake as part of the Lake Management District programs. d. Stream Team Page 5 of 26 City of Federal Way NPDES Phase II Stormv�er Management Program Through this volunteer program, residents and interested parties regularly check out water quality monitoring kits and conduct basic water quality tests in local streams. The program is designed to raise awareness on the health of streams and encourage stewardship. These groups also report any adverse conditions or illicit discharges they may observe. e. Lakota Creek Clean Up During this annual spring event, volunteers and SWM staff walk the Lakota Creek stream corridor removing litter and debris which can degrade water quality, and cause flooding or channel erosion. Participants are educated on the adverse impacts of litter and other pollutants on stream health and stability. f. Invasive Plant Removal SWM coordinates seasonal volunteer events to hand remove invasive plants from our stream and wetland restoration areas. Participants are taught the importance of allowing native plants to thrive in these areas. 3. Vehicle Maintenance Household Stormwater Pollution Prevention Brochure: This brochure describes a series of household practices designed to reduce stormwater pollution impacts. These practices include environmentally friendly yard care, and home and vehicle maintenance techniques. This brochure was created through grant funding provided by the Washington State Department of Ecology's Local Government Stortnwater Grant. Vehicle maintenance is also addressed through the STORM Group's regional stormwater education campaign. 4. Landscaping & Buffers a. Natural I'a�d Care Each year, the City of Federal Way, puts on a Natural Yard Care Program. The program offers a series of three workshops to teach residents environmentally friendly lawn and garden care techniques. In addition, Yarcl Talk, and other Natural Yard Care programming are run on Federal Way's local government access channel (Channel 21). . b. Lake Friendly Landscape Brochure SWM staff, in cooperation with the Washington State Lake Protection Association, have updated the "Blueprint for a Lake Friendly Landscape" brochure. The brochure describes native planting alternatives, encaurages the creation of native landscape buffers along the shoreline and discourages Page 6 of 26 City of Federal Way NPDES Phase II Stormv�er Management Program shoreline armoring. , The brochure is designed to reduce the use for fertilizers and pesticides, impxove wildlife values and water quality. The brochure is distributed by mail to lake residents. c. Taking Care of Streams Brochure This regional streams brochure, originally created by Oregon State University, promotes stewardship practices in an effort to improve natural processes and water quality. The brochure is distributed by mail to all stream front property owners. C. The General Public and Businesses (including mobile & home based) 1. BMPs for Use and Storage of Automotive Chemicals, Hazardous Cleaning Supplies, Car Wash Soaps and Hazardous Materials Several of SWM's existing programs address the BMPs for the use and storage of automotive chemicals, cleaning supplies, hazardous materials and car wash soaps including: the Auto Industry Poster, the Restaurant Iniiustry Poster, the Fish Friendly Car Wash Program and articles in "The Water Log". In addition, the Household Stortnwater Pollution Prevention and Mobile Business Pollution Prevention brochures address several of these topics. 2. Impacts of Illicit Discharges and How to Report Thern a. The Spill Hotline The City's 24-Hour Spill Hotline was publicizad in 2008 through a press release, and is continually publicized in the Household Stormwater Pollution Prevention brochure, the Mobiie Business Pollution Prevention brochure, and SWM's quarterly newsletter (The Water Log). The Spill Hotline is also posted on the City's main web page (www.cityoffederalway.com). The impacts from illicit discharges and how to report them are also addressed in both the Stormwater Pollution Prevention Brochure, Household Stormwater Pollution Prevention brochure and in periodic articles within The Water Log. Both subjects are also covered in depth on the City's Surface Water Management website (www.cityoffederalway. comiswm). D. Homeowners, i.andscapers and Property Managers 1. Yard Care Techniques Protective of Water Quality and BMPs for Use and Storage of Pesticides and Fertilizers The existing Natural Yaxd Care Program targets homeowners and residential use of pesticides and fertilizers and encourages environmentally friendly techniques. Page 7 of 26 City of Federal Way NPDES Phase II Stormv��er Management Program The City targets landscaping firms through the Mobile Business Pollution Prevention brochure, the existing Natural Yard Care Program, or through the efforts of the STORM Group and the Puget Sound Starts Here campaign. The City's local government access channel also runs Natural Yard Care programs seasonally in an effort to reach landscapers and property managers, as well as homeowners. 2. BMPs for Carpet Cleaning and Auto Repair and Maintenance These topics are primarily addressed through the Auto Industry Poster, the Catch Basin Curb Marker Program, The Fish Friendly Car Wash Program, the Nlobile Pollution Prevention brochure, and periodic articles in "The Water Log". SWM currently does not specifically target carpet cleaning activities but focuses on proper disposal of all types of waste washwater. 3. Low Impact Development (LID)Techniques In 2008 the City of Federal Way worked with a consultant, funded through a technical assistance grant from the Puget Sound Partnership, to develop recommendations for integrating LID techniques into the City's development regulations. The City plans to create educational materials to promote the use of these LID techniques once they have been integrated and adopted into the development regulations. �WM staff is also examining different existing educ�tional materials on LID techniques and design standards, including WSU Extension's "Rain Garden Handbook" and the Low Impact Development Technical Guidance Manual for Puget Sound. 4. Stormwater Pond Maintenance Through SW1V�'s annual private storm sy�tem inspection program, SWM inspectors conduct inspections and identify maintenance requirements of multi- family and commercial properties with known flow control facilities. Education of the property owners on maintenance benefits and needs is done by our inspectors through verbal communication, postcards, letters and correction notices. In addition, a Maintenance Manual for Private Stormwater Systems is available to facility owners on SWM's main web page. E. Engineers, Contractors, Developers, Review Staff and Land Use Planners 1. Technical Standards for Stormwater & Erosion Control Plans Technical standards and BMPs for stormwater and erosion control are available on the City's webpage (www.cityoffederalway.com/swm). In addition, a Single Family Erosion Control Brochure is attached to all single family construction permits and distributed by inspection staff. Page 8 of 26 City of Federal Way NPDES Phase II Storm�ter Management Program 2. Low Impact Development Techniques In 2008 City of Federal Way worked with a consultant, funded through a technical assistance grant from the Puget Sound Partnership, to develop recommendations for integrating LID techniques into the City's development regulations. These recommendations are being evaluated. In 2010, City Code will for the use of LID techniques without the need for special approval. II. Measure Understanding (Permit Requirement S5. C.1. b) Each Permittee shall measure the understanding and adoption of the targeted behaviors for at least one targeted audience in at deast one subject area. Surface Water Management's existing Education and Outreach Program is designed to achieve measurable improvements in the target audience's understanding of stormwater and water quality impacts and what they can do to help reduce or prevent these impacts. Specifically, the Education and Outreach Program is designed to raise awareness by identifying problems (potential pollutant sources) and to change behaviors by identifying and encouraging the adoption of practices and behaviors to improve andlor protect water quality. The following education and outreach program evaluations were conducted in 2009: A. Natural Yard Care Pre and post knowledge surveys to identify attendee's retention of natural yard care techniques are conducted each year during the City of Federal Way's Natural Yard Care (NYC) Program. The effectiveness of the NYC Program has been thorou evaluated and its success is well documented. B. Restaurant Industry Poster A survey was conclucted in 2048 to determine how well the behaviors/practices identified within the City's Restaurant Industry Poster are being adopted. Based on the results of the survey, the City has redistributed the poster and expanded the target audience to include property owners and proper managers. C. Fish Friendly Car Wash Program City staff uses tracking information (number of car wash kits checked out each year) to evaluate utilization of the program. The evaluation shows consistent and, at times, dramatic increases in the utilization of the car wash kits since the City began tracking this program in 2005. III. Track and Maintain Records (Permit Requirement SS.C.l.c) Page 9 of 26 City of Federal Way NPDES Phase II Storm��ter Management Program In 2008 SWM staff developed and implemented a spreadsheet for tracking education and outreach activities pursuant to the NPDES permit requirements. This tracking system continues to be used. Page 10 of 26 City of Federal Way NPDES Phase II Storrn�a�ter Management Program SECTION 2- PUBLIC INVOLVEMENT AND PARTICIPATION "The SWMP shall include ongoing opportunities for public involvement through advisory councils, watershed committees, participation in developing rate-structures, stewardship programs, environmental activities or other similar activities. Each Permittee shall comply with applicable State and locaZ public notice requirements when developing their SWMP. "(Permit Requirement SS.C.2) Pursuant to Permit Requirements SS.C.2.a., an on-going Public Participation Program must be initiated by February 16, 2008. The City of Fecleral Way encourages residents and interesteci parties to participate in the decision making processes invoiving the update and implementation of the City's Stormwater 1Vlanagement Program (SWMP), as well as other public involvement and participation opportunities offered by the City. The City of Federal Way believes public involvement and participation are important to promoting stewardship of both the City and its natural environments. Through public involvement, citizens help make a difference in their quality of life and the quality of onr natural habitats and waterways. I. Public Participation in Development of SWMP (Permit Requirement SS. C.2.a & b) The City of Federal Way Surface Water Management Utility is well established �vith an existing rate structure a.nd all of the Permit prograrns (i.e. Illicit Discharge Detection and Elimination, Public Education & Outreach, Constructian Site Run-off Inspection, Post Construction Stormwater Inspection, etc.) alreac�y in place. As a result, large scale changes to SWM's existing programs and ordinances are not expected. SWM programs will continue to be updated to meet permit requirements. Ongoing opportunities for public participation in the development of the SWMP are available through the following venues: A. Pnblic Notices Public Notices are posted in the local newspaper, the Federal Way Mirror. Notices identify opportunities for public participation in the development of the SWIVIP in the form of a website address, e-mail and phone contact information. B. SWM Newsletter The quarterly SWM newsletter, `The Water Log", is used to raise awareness of the Permit requirements, update the public on the development of the SWN� and solicit comments. C. SWM Webpage A link to the NPDES Phase II webpage was added to SWM's webpage (www.cityoffederalway.com/swm) in 2007. The NPDES Phase II webpage provides a Page 11 of 26 City of Federal Way NPDES Phase II Storm��er Management Program general description of the Permit, describes the progress on the development of the SWMP and displays the updated SWMP and the Annual Reports as they become available. The City's webpage also provides links to SWM's existing programs and provides opportunities for public comment and participation via e-mail. D. Public Meetings Stakeholders Meeting The a.nnual public meeting of the development, permitting and zoning stakeholders (i.e. engineers, architects, developers, business owners, utilities and public school representatives) is used to assess the City's permitting process as well as provide updates on NPDES requirements. 2. Land Use and Transportation Committee (LUTC) An opportunity for participation in the development of SV�MP is also available to City residents through LUTC meetings. The LUTC reviews many of the programmatic and policy changes proposed under the SWMP and allows public comment on all of their agenda items. The LUTC meets the first and third Monday of each month. Meeting times and agendas can be accessed through the City Calendar webpage (http://www.cityoffederalway.com/page.aspx?view=192). �. City Council Many of the programmatic and policy changes related to the S�VMP must be revi�wed and approved by City Council. Public comments are accepted during all City Council rneetings. [Note: City Council or the LUTC can schedule additional public meetings if they deem it necessary to allow for public comment/participation.] The City Council meets on the first and third Tuesday of each month. Meeting times and agendas can be accessed through the City Calendar webpage (htt�•//www cityoffederalwa�com/page.as�x?view=192). 4. Parties of Record In addition to the State public noticing requirements, SWM maintains a Party of Record List. Parties of Record are notified of all new information and public meetings relating to the SWMP. II. Evaluation of Public Comments (Permit Requirement SS.C.2.a) No public comments have been received to date. When public comments are received, they will be categorized by topic and evaluated based on quantity and pertinence to the subject matter. Public comments will be addressed in the annual SWMP updates. Page 12 of 26 City of Federal Way NPDES Phase II Stormv�er Management Program III. Stewardship Programs & Environment Activities (Permit Requirement SS.C.2) SWM currently maintains the following stewardship and environmental activity progams: Stream Team, Lakota Creek Clean Up, Invasive Plant Removal, Catch Basin Curb Marker Program, and the Fish Friendly Car Wash Program. Descriptions of these programs can be found in the Stewardship portions of Section 1- Public Education and Outreach. The SWM website is also used to promote volunteer programs. IV. Web Page - SWMP and Annual Report (Permit Requirement SS.C.2.b) As previously described, SWM's NPDES Permit webpage: (www.cityoffederalway.com/npdes) displays both the City's SWMP and Annual Report as they become available. Pursuant to the Permit, these documents are updated and posted annually. Page 13 of 26 City of Federal Way NPDES Phase II Storm�v��r Management Program SECTION 3- ILLICIT DISCHARGE DETECTION AND ELIMINATION "The SWMP shall include an ongoing program to detect and remove illicit connections, discharges as defined in 40 CFR 122.26(b)(2), and improper disposal, including any spills not under the purview of another responding authority, into the municipal separate storm sewers owned or operated by the Permittee. Permittees shall fully implement an ongoing illicit discharge detection and elimination (IDDE) program no later than 180 days prior to the expiration date of this Permit. "(Permit Requirement SS.C.3) Pursuant to Permit Requirement SS.C.3., a series of phased deadlines are created for the implementation of the Illicit Discharge Detection and Elimination Progf-am beginning with the creation of the Illicit Discharge Hotline required as of February 16, 2009. The City of Federal Way maintains an active Illicit Discharge Detection and Elimination (IDDE) program. The City actively investigates prohibited discharges and illicit connections to the City's stormwater system in an effort to improve water quality in the City's surface water resources. Through this program, areas throughout the City are targeted for water quality inspections based on their potential impacts to the City's surface waters. I. Municipal Storm Sewer Map (Permit Requirement SS. C.3.a) The City of Federal Way maintains a comprehensive map of the City's municipal separate storm sewer system (MS4) pursuant to the requirements of sections SS.C.3.a. of the Permit prior to the required deadline of February 16, 201 l. The City has mapped approximately 85% of all known MS4 structures, and has mapped 100% of all known receiving waters. The City is currently working toward completing this effort by physically surveying all remaining MS4 structures using mobile GIS/GPS and incorporating these data into ESRI ArcView. Advances in the City's mapping and database management programs in 2008 were made possible through funding provided by a Washington State I?e}�a:rtxnent of Ecology Local Governme�t Stormwater grant. II. Illicit Discharge Detection and Elimination (IDDE) Ordinance (Permit Requirement SS.G3.b) Since 1999, the City of Federal Way has had regulatory mechanisms in place (Chapter 21 of FWCC) that required the implementation of the best known, available, and reasonable management practices to prevent the contamination of stormwater, surface water, and groundwater. On August 16, 2009 the City adopted and implemented Ordinance 09-619 in order to meet all of the requirements of section SS.C3:b of the Permit. The new ordinance effectively prohibits all of the categories of non-stormwater discharges listed in the permit and includes escalating enforcement procedures and actions pursuant to those outlined in FWRC 16.45, 16.50, and 16.55. Page 14 of 26 City of Federal Way NPDES Phase II Storm��er Management Program If a violation has been committed, Title 16, Chapters 16.45, 16.50, and 16.55 will be enforced, as necessary, using Title 1 FWRC, Chapter 1, Enforcement of Code. Chapter 1 establishes an efficient, civil administrative system to enforce the development of regulations of the City. III. Implementation of IDDE (Permit Requirement SS.C.3.c) The City maintains an Illicit Discharge Detection and Elimination program which detects and addresses non-stormwater discharges to the City's storm system. A. Identify Priority Areas T'he City has located and iclentified priority areas likely to have illicit discharges. The evaluation was based upon a prioritization of sub-watersheds using eight individual illicit discharge potential (IDP) screening factors. A raw IDP score for each sub- wate�shed was established which allowed for a priority ranking. Field assessments of three high priority water bodies will begin no later than February 11, 201 l, pursuant to Permit requirements. B. Assessment/Inspection of Priority Outfalls The City will develop procedures to assess and inspect priority outfalls as described within Section SS.C.3.c.ii of the Permit in priority areas likely to have illicit discharges. This eleme�t of the IDDE program will be implemented by August 19, 2011. C. Procedures Characterizing Nature & Environmental Threat Posed by Illicit Discharges The City curre�tly implements a program to detect and address illicit discharges to the 1VIS4. This program includes a system to record illicit discharges and citizen complaints. The progra�n also includes a regulatory. mechanism that effectively prohibits non-stormwater illegal discharges, and/or dumping into the City's MS4 to the maximum extent allowable under State and federal law through FWRC. This program is used to evaluate whether the discharge should be immediately contained, and includes steps to be taken for containment of the discharge. The City has developed IDDE procedures regarding the characterization of the nature and environmental threat posed by illicit discharges to determine compliance with Section SS.C.3.c.iii of the Permit. D. Procedures for Tracing the Source of Illicit Discharges City staff has developed IDDE procedures for tracing the source of illicit discharges to meet the requirements and timelines required under Section SS.C.3.c.iv of the Permit. Page 15 of 26 City of Federal Way NPDES Phase II Storn�v��r Management Program The City's existing IDDE program identifies and traces illicit discharges using visual inspections, mobile cameras, smoke testing, dye testing, and water sampling throughout the MS4. E. Procedures for Removing Source of Illicit Discharges City staff has developed IDDE procedures for removing sources of contamination to meet the requirements and timelines required under Section SS.C.3.c.v of the Permit. The existing IDDE program includes notification of appropriate authorities, notification of property owners, technical assistance for eliminating the discharge, follow-up inspections, and escalating enforcement and legal actions if the discharge is not eliminated. IV. IIIDDE Education (Hazards Associated with Illicit Discharges) (Permit Requirement SS.C.3.d) The City's existing Publ•ic Education and Outreach Program includes educational materials designed to prevent illicit discharges by educating business owners and employees on best management practices and waste disposal techniques (e.g. see Restaurant Industry Poster and Auto Industry Poster descriptions in Section 1 of this SWMP). A. Distribution of Materials The City has developed IDDE educational materials that identify the hazards associated with illicit discharges. Examples of these materials include the Stormwater Pollution Prevention brochure, Surface Water Management's IDDE webpages, and the Fish Friendly car wash materials. B. Publicly L.ist Phone Number for Reporting Spills The Ci#y's Public VVorks Department main number (253-835-2700) is publicly listed for reporting spills or illicit discharges. If this number is called after normal business hours, it identifies an a$er hours number (253-946-6416) which can be called for reporting after hour spills. This number has been publicized on the web, in The Water Log, and other educational materials. V. IDDE Assessment, Evaluation and Tracking (Permit Reguirement SS. G 3. e) The City's existing IDDE program tracks and documents information regarding spi11 types, number of spills, illicit discharge types, number of illicit discharges, and inspections. City staff continues to develop and implement procedures to fully track, assess and evaivate the IDDE program. Completion of this effort is expected by August 19, 2011. VI. Municipal Field Staff Training (Permit Requirement SS.C.3� Page 16 of 26 City of Federal Way NPDES Phase II Storm�v�t�r Management Program A. IDDE Level A Training (SS.C.3.f.i.) Through the City's existing IDDE program training has been provided to all field staff responsible for identification, investigation, termination, cleanup and reporting of illicit discharges. B. IDDE Level B Training (SS.C.3.f.ii.) Training has been provided for municipal field staff, which as a part of their normal duties may- observe an illicit discharge. This level of training focuses on the identification of illicit discharges/connections and how to report or respond to these illicit discharges/connections. This level of training is required for affected field staff from the following City departments: Public Works, Community Development, Parks and Recreation, and Public Safety. The City will provide necessary follow-up training as needed to address changes in procedures, techniques or requirements. All training records (including course information and the staff trained) will be documented and maintained. Page 17 of 26 City of Federal Way NPDES Phase II Storm�v�t�r Management Program SECTION 4- CONTROLLING RUNOFF FROM CONSTRUCTION SITES "Each Permittee shall develop, implement, and enforce a program to reduce pollutants in stormwater runoff to a regulated small MS4 from new development, redevelopment and construction site activities. This program shall be applied to all sites that disturb a land area one acre or greater, including projects less than one acre that are part of a larger common plan of the development or sale. The program shall apply to private and public development, including roads. The "Technical Thresholds " in Appendix 1 shall be applied to all sites one acre or greater, including projects less than one acre that are part of a larger common plan of the development or sale. "(Permit Requirement SS.C.4) Pursuant to Permit Requirement SS.C.4.a., a construction site runoff program must be in place by February 16, 2010. The City of Federal Way recognizes that construction site run-off is a major contributor to water quality degradation in the greater Puget Sound region. To address this issue and to better protect our natural waterways, the City's current construction site run-off program already exceeds the minimum requirements of the Permit in many respects. Construction site run-off is reviewed and inspected for all construction projects, ranging from single family structures to large commercial developments. The responsibility for plan review and inspection are shared between the Surface Water Management and Development Services Divisions of the Public Works Department. Progr�m Ordinance and Enforcement Mechanisms (Permit Requirement SS.G4.a) A. Minimum Requirements, Technical Thresholds and Definitions The 1998 King County Stormwater Design Manual as amended by Federal Way Revised City Code 16.20.010 is the current stanc�ard enforoed by development revie�v and inspection staff when evaluating stormwater and erosion control requirements for all construction projects in the City. Thresholds for permit review are determined by the City's Land Modification Code (Chapter 19.120) and the 2046 International Builcling Code. The City has adopted the 2009 King County Surface Water Design Manual, effective on February 16, 2010, which has been deemed as an equivalent to the Washington State Department of Ecology's (DOE) 2405 Stormwater Manual. B. Site Planning Process &. BMP Selection Currently, the City u�es the 1998 King County Manual for BMP selection and design criteria. The current site planning process is established in Chapter 19 of Federal Way Revised City Code. The City's BMP selection and the site planning process will be updated through the adoption of the 2009 King County Surface Water Design Manual (2009 KCSWDM). C. Legal Authority to Conduct Inspections Page 18 of 26 City of Federal Way NPDES Phase II Storm105 r Management Program The legal authority to conduct inspections on new developments is granted during construction pursuant to an access agreement allowed under Federal Way City Code (FWRC) 19.25.080. Authority to conduct post construction inspection of private drainage facilities discharging to the City's storm system from new development is established through drainage covenants, conditions attached to the final permit, and through FWRC 16.10.065. D. Provisions to Allow Low Impact Development (LID) or Other Non-Structural Improvements Non-structural preventive actions and source control improvements measures, such as LID, are currently allowed through the variance process. However, as of February 16, 2010, no variance will be required. In 2008 City of Federal Way worked with a consultant, funded through a technical assistance grant from the Puget Sound Partnership, to develop recommendations for integrating LID techniques into the City's development regulations. These recommendations are being evaluated for implementation. E. Erosivity Waiver The City of Fec�eral Way has evaluated the option of creating an Erosivity Waiver as described within Appendix i of the Permit. The Erosivity Waiver is designed primarily for arid areas, such as Eastern Washington and has a very limited applicability to Federal Way given our existing soil types arid rainfall pattems. As a result, the City has decided not to make this option available in the site plan review requirements. II. Permitting Process: Review, Inspection and Enforcement (Permit Requirement S5. C.4. b) The City's existing permitting process includes plan review, inspection and enfarcement capabilities which rneet the majority of the requirements of the Permit as described below. City staff is refining this process to determine how best to modify our existing program to meet the needs of the City and the requirements of the Permit. A. Review of Stormwater Site Plans The Development Services Division of Public Works ensures that development within the City of Federal Way meets current City codes and development standards. Development Services works to accomplish this goal by being involved in all types and phases of development within the City, providing technical project review, project permitting and construction inspection. Code authority to conduct site plan review is granted through the Subdivision and Zoning Codes (FWRC 18.Q5.010 and 19.05.005). The Development Services Division site plan review process includes review criteria for both stormwater design and construction site erosion sedimentation control (King County Surface Water Design Manual 1998). The 2009 KCSWDM will be used beginning February 16, ZO10. Page 19 of 26 City of Federal Way NPDES Phase II Storm�v��er Management Program B. Site Inspection Prior to Clearing and Grading The responsibility for construction site inspection is divided between two divisions of the Public Works Department. The Development Services inspectors are responsible for inspection of plats, multi-family and commercial development, and the Surface Water Management inspectors are responsible for conducting erosion control inspection for all single family construction. Prior to any clearing and grading activity on the construction site, a Pre-construction Inspection is conciucted with the contractor to review initial erosion control requirements and the inspection process. C. Erosion Sedimentation Control Inspection During Construction A minimum of two erosion control inspections are conducted by City inspection staff between the Pre-construction Meeting/Inspection ancl Final Inspection to ensure erosion control measures are being implemented and mainta.ined throughout construction of the project. D. Final Inspection of Development Sites Upon Completion of Construction A final erosion control inspection is conducted prior to final building permit approval of single-family, multi-family and commercial construction. E. Inspection History/Record Keeping Records of inspections are currently being kept through a database permit tracking system. � � F. Eriforcement Strategy The ability to conduct enforcement of erosion control ar�d storrnwater requi�ements is p�ovided within the City's existing development review and inspection process (FWRC 1.15.010 through 1.15.100 and Intemational Building Code R113 and R114). Inspectors have the ability �nd discretion to issue verbal or written correctio�s depending on the scale of the problem and to issue Stop Work Orders/Notices of Violation if corrections are not completed or if significant violations are discovered. City staff has reviewed enforcement codes and the enforcement strategies between the two inspection teams and has made modifications to these inspection programs to develop a common enforcement strategy, as well as provide training to ensure these strategies are consistently applied. Page 20 of 26 City of Federal Way NPDES Phase II Stom�w�er Management Program G. Erosivity Waiver As discussed previously, the City will not be adopting the Erosivity Waiver option identified in the Permit due to its limited applicability in this area. III. Inspection Program to Verify Long-Term Operation & Maintenance of Stormwater Facilities (Permit Requirement SS.C.4.c) A. Adoption of Ordinance or Enforceable Mechanism An enforceable mechanism requiring �ong-term operation and maintenance of storm systems on new developments is in place. Covenants are attached to all new developments with stormwater detention and flow control facilities at the time of final approval. The covenant allows access for inspection and requires long term operation and maintenance of stormwater facilities (FWRC 16.36.020 and 16.35.030). B. Establish Maintenance Standards Maintenance standards for private stormwater systems are available on the SWM's main webpage (www.cityoffederalway.corn/swm). City staff are reviewing the existing maintenance standards to ensure they meet the standards specified in Chapter 4 of Volume V of the 2005 Stormwater Management Manual for Western Washington. City staff are also actively participating in the NPDES ROAD MAP Forum (the NPDES Regional Operations and Maintenance Forum) to stay informed of the review of existing regional maintenance standards. C. Conduct Annual Inspections of Treatment & Flow Control Facilities The City's e�cisting inspection program also includes annual post construction inspection of all known private commercial stormwater treatment and flow control facilities. D. Inspection of Large Common Plan Development's Stormwater Facilities During Residential Constructions Under the existing system, all subdivisions and plannecl unit developments containing storm systems are encouraged to dedicate these stormwater facilities to the City at the time of final approval. The developer/owner is required to create and maintain a two- year maintenance bond to ensure the owner continues to maintain these facilities during the first two years (most often the heaviest construction period) following final approval. SWM maintenance and inspection staff conducts periodic inspection of these facilities during the period of the maintenance bond to identify the maintenance needs and enforce compliance with maintenance standards. The City takes over operation and maintenance of these facilities once the maintenance bond is released. Page 21 of 26 City of Federal Way NPDES Phase II Storn�v��r Management Program SWM plans to evaluate and modify (if necessary) this existing program to ensure the inspection frequency during the two year maintenance bond meets the minimum requirements specified within the Permit. IV. Tracking Inspections, Enforcements, Warnings and Violations (Permit Requirement SS.C.4.d) Records of inspections and enforcements regarding long term maintenance of private stormwater systems are maintained under our existing inspection programs. However, SWM staff are reviewing and evaluating our record keeping procedures in an effort to simplify reporting on the different aspects of this program. V. NPDES Forms Available to the Public (Permit Requirement SS. C.4. e) NPDES Construction Stormwater General Permit Focus Sheets have been made available at the City's Permit Center since June of 2007. Pursuant to a communication from the Washington State Department of Ecology dated May 30, 2007, these focus sheets may be made available to the public in lieu of the application (Notice of Intent). In addition, during the development review process, the City's Development Services staff notifies developers if the project meets the one acre threshold for the NPDES Construction Stormwater General Permit. VI. Verification Staff Responsible for Program Implementation axe Trained (Perrnit Requirement SS.C.4� All permanent construction site run-off inspection staff have attained or will attain t3�e Certified Erosion Sedimentation Control Lead (CESCL) certification. Development review staff and post construction inspection staff are trained under our existing development review criteria and maintenance standards. Page 22 of 26 City of Federal Way NPDES Phase II Stormi ��er Management Program SECTION 5- POLLUTION PREVENTION AND OPERATIONS AND MAINTENANCE "Within three years of the effective date of this Permit, each Permittee shall develop and implement an operations and maintenance (O&M) program that includes a training component and has the ultimate goal of preventing or reducing pollutant run-off from municipal operations. " (Permit Requirement SS.C.S.) Pursuant to Permit Requirement SS. C.S., all elements of the operations and maintenance program must be in place by F'ebruary 16, 2010. The City of Federal Way maintains a proactive and effective maintenance program of the City's drainage infrastructure, which includes catch basins, pipes, open channels, as well as residential and regional retention/detention facilities. SWM conducts regular inspection and maintenance of these facilities to ensure they are functioning properly — reducing the incidence of flooding and providing water quality treatment. I. 1Vlaintenance Standards (Permit Requirement SS.GS.a) The Surface Water 1VIanagement Division has maintenance standards in place prior to the effective date of this Permit (Stormwater System Operations & Maintenance Manual, KCM. June 1997). Regular maintenance of SWM's facilities is conducted by SWM Maintenance staff consistent with the adopted standards to ensure stormwater facilities are functioning properly. SWM staff are currently evaluating the City's existing maintenance standards in comparison to regionai standards (the Regional Road Maintenance ESA Program Guidelines and Chapter 4 of the 2005 Storrnwater Management Manual for Western Washington) to determine what changes are necessary to meet the minimum requirements of this Permit. In addition, SWNI staff is actively participating in the Regional NPDES O&M Forum, known as NPDES ROAD MAP, which is also evaluati�g regional maintenance standarcls for compliance with NPDES perrnit requirements. II. AnnualInspections (Permit Requirement SS. C.S. b) Under SWM's existing program, all known municipally owned or operated stormwater treatment and flow control facilities are inspected and maintained at a minimum, annually. All known City owned or operated stormwater retention/detention ponds are currently inspected and maintair�ed twice a year. SWM staff is currently developing an Operations and Maintenance record keeping system to track all required inspections and maintenance of the City's stormwater facilities. The tracking system will be implemented prior to the February 16, 2010 deadline. Page 23 of 26 City of Federal Way NPDES Phase II Storn�v��r Management Program maintenance yards, and stormwater treatment and flow control facilities. Policies and procedures to be addressed include: application of fertilizers, pesticides and herbicides, sediment and erosion control, landscape maintenance, vegetation disposal, and cleaning and maintenance of building exteriors. VIII. Develop & Implement On-Going Training (Permit Requirement SS.C.S.h) The City is developing an on-going training program for employees whose construction, operations or maintenance job functions may impact water quality. The training program will address the importance of protecting water quality, the requirements of this Permit, operations and maintenance standards, inspection procedures, BMP selection, ways to perform their job activities to prevent or minimize impacts to water quality and procedures for reporting water quality concerns, including potential illicit discharges. The City will provide follow-up training as needed to address changes in procedures, techniques or requirements. The City will also track and maintain records of training provided. The broad scope of training will affect staff from most of the City Departments including Public Works, Community Development, and Parks, Recreation and Cultural Services. An ongoing training program will be in place by February i 6, 2010. IX. Develop and Ixnplement SWPPPs (Heavy Equipment and Storage Yards) (Permit Requirement SS. C. S. i) The City is in the process of developing and implementing a Stormwater Pollution Prevention Plan (SWPPP) for ail heavy equipment maintenance or storage yards, and material storage f�cilities owned ar operated by the City in are�s subject to the City's Pernut that are not required to have coverage under the General NPDES Permit for Stormwater Discharges Associated with Ind�strial Activities or another NPDES Storm�vater permit. Implementation of non-structural BMPs will begin after the pollution prevention plans are developed and a schedule for implementation of structural BMPs will be included in the SWPPP. Generic SWPPPs that can be applied at multiple sites may be used to comply with this reguirement. The SWPPP will include periodic visual observation bf discharges from the facility to evaluate the effectiveness of the BMPs. Al] SWPPPs will be implemented by February 16, 2010 as required in the permit. Page 25 of 26 City of Federal Way NPDES Phase II Storm�v��er Management Program CITY OF � Federal Wa v Annual Re ort p 2009 Pursuant to the Western Washington Phase II Municipal Stormwater Permit # WAR 04 - 551G 112 Instructions on Filling out the Western WA Phase 11 Municipal Stormwater Permit Annual Report Form 1. Complete all TABS in the worksheet: (1) Permittee Information; (2) Certification; (3) ANNUAL REPORT (Section VI); (4) Info Collection (Section VII-A); (5) Info Collection (Section VII-B); (6) Info Collection (Section VII-C); and (7) Info Collection (Section VII-D). 2. The Certification form/TAB must be siqned and certified by the responsible official(s). All TABs (except the INSTRUCTIONS) must be printed out and mailed to Ecology. 3. Answer every question. Use the Comments and Attachment fields only when necessary to provide additional information. 4. For questions asking for a number, type in a 0(zero) in the # field of the ANNUAL REPORT tab if no activity has occurred. Do not leave the field blank. 5. Do not add text to shaded fields. 6. Use the following tables to guide filling out the Y/N/NA field. See below. 7. Save your completed Annual Report and email the Excel worksheet PLUS attachments to: PH2 WAnnRpt@ecy.wa.gov. Ecology cannot accept incomplete or partially completed Annual Report forms. If you met the permit requirement by the deadline in Mark Y in the Y/N/NA field. the permit... Mark N in the Y/N/NA field. If you did not meet the permit requirement by the deadline in Provide following information in Comments field: "reasons the permit..... Why, corrective steps taken and proposed, and expected dates that the deadline will be met. [See S9.E.2.d for full description of required additional information.] If the permit requirement does not apply to you or is not yet Mark NA in the Y/N/NA field. due ..... You may note in the Comments field if the requirement is not yet due. 113 I. Permittee Information nittee Name of Federal V� Contact Name William Appleton, P.E. Mailing Address PO Box 9718 Federal Email Adddress com 11. Regulated Small MS4 Location Citv of Federal Major Receiving Water(s) The PuQet Sound ittee Coverage Number WAR 04-5516 Phone Number (2531835-2750 WA Entity T Cou Zip + 4 98063-9718 Check the box that applies Citv/Town Other � III. Relying on another Governmental Entity If you are relying on another governmental entity to satisfy one or more of the permit obligations, list the entity and briefly describe the permit obligation(s) they are implementing on your behalf below. Attach a copy of your agreement with the other entity to provide additional detail. Name of Entity: Permit Obligation(s): N/A 114 IV. Certification All annual reports must be signed and certified by the responsible official(s) of permittee or co- permittees. Please print and sign this page of the reporting form and mail it (with an original signature) to Ecology at the address noted below. An electronic signature will not suffice. I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that Qualified Personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for willful violations. Title Title Date Date Name Title Date Name Title Date Name Title Date 115 VI. Status Report Covering Calendar Yr: 2009 PLEASE indicate reporting year and your jurisdiction in Line 1, above. PLEASE refer to the INSTRUCTIONS tab for assistance filling out this table. Jurisdiction Name City of federal Way NOTE: Items that have future compliance dates must still be answered to indicate status. NOTE: For clarification on how to answer questions, place cursor over cells with red flags. NOTE: Highlighted items indicate requirements that are due in 2009. PLEASE review your work for completeness and accuracy. Save this worksheet as you go! t�,res�iori ` YtN/ # +Cc�fn�ri�nts (50`�o�(i li�riitj ` ` �dt� i� �►��"[it & �A Pa�e �: `ftf ��niicaWe 1. Attaehed annual written update af Permittee's Y See attached SWMP SWMP Stormwater Management Pmgrarn (SWMP'), including applicable requirements under SS.A.2 and S9? 2. AttAChed a Copy of any annexations, NA No boundary chages were made incorporations or boundary changes resulting in an inc�ease or decrease in the Permittee's geagraphic area of petmit coverage during the reporting periad, and implications for the SWMP as S9.E.3? 3. Implemented an ongoing program for Y See attached SWMP SWMP Introduction gathering, tracking, maintaining, and using informarion to evaluate SWMP devetopment, implementation and permit compliance and to sei priorities? (SS.A.3) 4. Began tracking costs or estimated costs� of the Y develapment and implementation of the SWMP? (Required no later than January l, 2009, SS,A.3.a) 5. SWMP includes an education program aimed Y See attached SWMP SWMP Section 1 at residents, businesse�, industries, elected ' ' officials, policy makers, planning staff and other emplayees of the Permittee? (Required to begin by February I5, 2009, SS.C.1) 6. Distributed appropriate information to target Y ` See attached SWMP SWMP Section 1 audiences identified in the area served by the . MS4? (Required to begin by February 15, 2009, SS.C.I.a 7. Tracked the types of public education and Y See attached SWMP SWMP Section 1 autreach activities impiemented. (Reguired to begin by February 15, 2009, SS.C.I.c} 7b. Number of activities im lemented: 89 8. Measured the understanding and adoption of Y ` See attached SWMP SWMP Section 1 the targeted behaviors among ai least one targeted audience in at least one subject area. (Required to begin by F�bru�ry 15, 2(�9, SS.C: l .b) 9. Provided opportunities fOr the public to Y See attached SWMP SWMP Section 2 paziicipate in the decision making processes involving the development, implementation and updates of the Permittee's SWMP? (Required by February 15, 200$, SS.C.2.a) 116 Page 1 of 12 Question Y/Nl # Comments �50`wotd limit) Name ofiAttachment i� Nq P�9e #, if apalicable 10. Developed and implemented a process for Y See attached SWMP SWMP Section 2 public invo}vement and consideration of pubiic comments on the SWMP'4 (Required by February 15, 2008, SS.C.2.a) 11. Made the most current version of the SWMP Y Available at counter, on request, and on available to the ublic. (SS.C.2.b website. 12. Fosted the SWMP and latest annual report on Y See attached SWMP SWMP Section 2 our website. SS.C.2.b) 12b. NOTE website address in Attachment field: www.cityoffederalway.com/npde s 13. Initiated or implemented an ongoing program Y =` See attached SWMP SWMP Section 3 to detect and remove illicit connections and illegal discharges into the Permittee's MS4? (Required August 19, 2011, SS.C.3) 14. Developed and currently maintain a map of NA �' .' Not required unti12011. See attached SWMP SWMP Section 3 your MS4? (Required by February 16, 2011, SS.C.3.a) �' . �__ 14b. Initiated a program to develop and maintain a Y Program has been initated. See attached SWMP Section 3 map of alt connections to the MS4 authorized SWMP or allowed by the Permittee after the Permit effective date? (SS.C.3.a.ii) 15. Map shows the location of all known NA Not required until 2011. See attached SWMP SWMP Section 3 municipal separate storm sewer outfalls, receiving waters and structural stormwater BMPs owned, operated, or maintained by the Permittee? (Required by February 16, 2011, �� ; � SS.C.3.a.i) 16. Map shows all storm sewer outfalls with a 24 Y See attached SWMP SWMP Section 3 inch nominal diameter or larger, or an equivalent cross-sectional area for non-pipe systems and includes tributary conveyances, associated drainage areas and land use? (Reguired by February 16, 2011, SS.C.3.a.i) ' 17. Map shows geographic areas served by the Y �; See attached SWMP SWMP Section 3 Permittee's MS4 that do not discharge stormwater to surface waters? (Reguired by February 16, 201 l, SS.C.3.a.iii) l8. Map has been made available upon request? Y k (SS.C.3.a.iv) � �. ` ,� : 19. Developed aAd implemented regulatoiy aCtions Y See attached SWMP SWMP Section 3 necessary to effectively prohibit non- stor►nwater, illicit discharges into the Permittee's NIS4? (Required by August I 5, 2009, SS.C.3,b) 20. Developed and implemented an ongoing Y "` See attached SWMP SWMP Section 3 program to detect and address non-stormwater illicit discharges, including spills, and illicit connections into the Permittee's MS4? '., ' (Reguired by August 19, 2011, SS.C.3.c) 117 Page 2 of 12 4uestion Y/NI # Comm�nts (50 word Ilmit) Name of Attachment 8� NA Page #, if attplicable 21. Developed procedures for locating priority Y :� ; See attached SWMP SWMP Section 3 areas like(y to have illicit discharges, including at a minimum: evaluating land uses and associated business/industrial activities F . present; areas where complaints have been registered in the past; and areas with storage of �` �="; large quantities of materials that could result in illicit discharges, including spills? (Required :;: �... by August 19, 2011, SS.C.3.c.i) "`' '` ' 22. Implemented field assessment activities, NA • Not required until 2011. See attached SWMP SWMP Section 3 including visual inspection of priority outfalls identified during dry weather, and for the purposes of verifying outfall locations, identified previously unknown outfalls, and � ';' detected illicit discharges? (Required by August 19, 2011, SS.C.3.c.ii) 23. Prioritized receiving waters for visual Y � See attached SWMP SWMP Section 3 inspection? (Required by February 16, 2010, SS.C.3.c.ii) 24. Conducted field assessments for three high NA "l Not required until 2011. See attached SWMP SWMP Section 3 priority water bodies? (Required by February 16, 2011, SS.C.3.c.ii) 25. Conducted field assessments on at least one NA s Not required annually until after February 16, SWMP Section 3 high priority water body? (Reguired annually 2011. See attached SWMP after February 16, 2011, SS.C.3.c.ii) 26. Developed and implemented procedures for Y See attached SWMP SWMP Section 3 characterizing the nature of, and potential public or environmental threat posed by, any illicit discharges found by or reported to the ` Permittee? (Reguired by August 19, 2011, ' SS.C.3.c.iii) 27. Developed and implemented procedures for Y °�; See attached SWMP SWMP Section 3 tracing the source of an illicit discharge; including visual inspections, and when necessary, opening manholes, using mobile cameras, collecting and analyzing water samples, and/or other detailed inspection procedures? (Required by August 19, 2011, SS.C.3.c.iv) � � w ,. 28. Developed and implemented procedures for Y ` See attached SWMP SWMP Section 3 removing the source of the discharge, including notification of appropriate authorities; notification of the property owner; technical assistance for eliminating the discharge; follow-up inspections; and escalating enforcement and legal actions if the � discharge is not eliminated? (Required by August l9, 2011, SS.C.3.c.v.) 29. Informed public employees, businesses, and Y ? See attached SWMP SWMP Section 3 the general public of hazards associated with illegal discharges and improper disposal of waste? (Required by August 19, 2011, x,r', SS.C.3.d) � � n•.� 118 Page 3 of 12 Question Y/N/ # Comments (50 word Jimit) Name of Attachment $ NA Page #, i� appiicabie 30. Distributed appropriate information to target Y ;,:', ', ; See attached SWMP SWMP Section 3 audiences identified pursuant to SS.C.1? (Required by August 19, 2011, SS.C.3.d.i) 31. Publicized a hotline or other local telephone Y " See attached SWMP SWMP Section 3 number for public reporting of spills and other illicit discharges? (Required by February 15, 2009, SS.C3.d.ii) 31 b. Number of hotline calls received: " 14 31 c. Number of follow-up actior�s taken in response <�� "� 14 to calls: � �= -. �� 32 Maintained a hotline or other reporting number Y See attached SWMP SWnnP Section 3 for public reporting of illicit discharges, including spills? (Required by February 15, 20U4, SS.C.3.d.ii) 32b. NE�TE hatline number in Comments field �;° ��y:.° .'' `:' �(�53) 835-2700 33 Tracked the number of illicit discharges, Y ° See attached SWMP SWMP Section 3 including spills, identified? (Required by August 19, 2011, SS.C.3.e) 33b. Number of illicit dischar es identified: 55 34 Tracked the number of inspections made for Y See attached SWMP SWMP Section 3 illicit connections? (Required by August 19, 2011, SS.C.3.e) °_ ,; 34b. Number of ins ections: 6 35 Received feedback from IDDE public NA Not required until 2011. See attached SWMP SWMP Section 3 education efforts? (Required by August 19, 2011, SS.C.3.e) ' 36 Attached report on IDDE public education NA ' Not required until 2011. efforts? (Reguired by August 19, 201 l, SS.C.3.d, SS.C3.e) 37 Municipat field staffresponsible for Y �" See attached SWMP SWMP Section 3 identification, investigation, termination, cleanup, and reporting of illicit discharges, improper disposal and illicit connections are ttained to conduct these activities? (Required by August 15, 20Q9, SS.C.3.f.i) 37b. Number of trainin s rovided: `• 5 37c. Number of stafftrained: '� �` 37 38 Frovided follow-up training as needed to Y " See attached SWMP SWMP Section 3 address changes in procedures, techniques or requirements? (Required by August I5, 2Q09, SS.G.3.f.i) 38b. Number of trainin s rovided: ' 0 38c. Number of stafftrained: � 39 Developed and implemented an ongoing Y See attached SWMP SWMP Section 3 training program on the identification of an illicit discharge/connection, and on the proper procedures for reporting and responding to the - illicit discharge/ connection for all municipal field staff, which, as part of their normal job responsibilities, might come into contact with or otherwise observe an illicit discharge or illicit connection to the storm sewer system? (Reguired by February 16, 2010, SS.C.3.f.ii.) k ^;, ...r.. .. , �: 39b. Number of trainin s rovided: � 39c. Number of staff trained: f°= 33 119 Page 4 of 12 4uestion YIN/ # Comroents (50 word limit) Name of Attachment 8� �q Page #, �f a�rpiicable 40 Developed, implemented and enforced a NA ';� r � Program initiated. Not required until 2010. See SWMP Section 4 program to reduce pollutants in stormwater °` attached SWMP runoff to a regulated small MS4 from new development, redevelopment and construction ' `. site activities? (Required by February 16, 2010, SS.C.4) � ,, �:. 41 Applied stormwater runoff program to all sites NA `.- Not required until 2010. See attached SWMP SWMP Section 4 that disturb a land area 1 acre or greater, including projects less than one acre that are > part of a larger common pian of the development or sale? (Reguired by February 16, 2010, SS.C.4) 42 Applied stormwater runoff program to private NA : Not required until 2010. See attached SWMP SWMP Section 4 and public development, including roads? (Required by February 16, 2010, SS.C.4) 43 Applied the Technical Thresholds in Appendix NA ' Not required until 2010. See attached SWMP SWMP Section 4 1 to all sites I acre or greater, including projects less than one acre that are part of a larger common plan of the development or sale? (Reguired by February 16, 2010, SS.C.4) 44 Adopted and implemented regulatory NA Not required until 2010. See attached SWMP SWMP Section 4 mechanism (such as an ordinance) necessary to address run-off from new development, redevelopment and construction site activities? (Required by February 16, 2010, SS.C.4.a) 45 Retained existing local requirements to �ppIy Y See attached SWMP SWMP Section 4 stormwater controls at smaller sites or at iower thresholds than required putsuant to SS,C.4? (SS.A.4) 46 The ordinance or other enfarceable mechanism NA To adopt the 2009 King County Surface Water SWMP Section 4 includes the minimum requirements, technical �- Design Manual. Not required until 2010. See thresholds, and definitions in Appendix 1(or ` ` attached SWMP an equivalent approved by Ecology under the NPDES Phase I Municipal Stormwater Permit) � s for new development, redevelopment, and construction sites? (Required by February 16, 2010, SS.C.4.a.i) 47 The ordinance or other enforceable mechanism NA ": Not required until 2010. See attached SWMP SWMP Section 4 includes exceptions and variance criteria equivalent to those in Appendix 1? (Reguired by February 16, 2010, SS.C.4.a.i., and Section 6 of Appendix 1) � 48 Were exceptions or variances to the minimum NA Not required until 2010. See attached SWMP SWMP Section 4 requirements in Appendix 1 granted? (Required by February 16, 2010, SS.C.4.a.i., �. and Section 6 of Appendix 1) � �: 48b. If so, how man were ranted? 0� Tracking not required until 2010 120 Page 5 of 12 43uestion YINI # Comments (50 word limit) Name of Attachment 8� MA Page #, if aoalicable 49 The ordinance or other enforceable mechanism NA - �; Not required until 2010. See attached SWMP SWMP Section 4 includes a site planning process and BMP selection and design criteria that, when used to �;'' implement the minimum requirements in "' �'� Appendix 1(or equivalent approved by Ecology under the Phase I Permit) will protect � �' ' water quality, reduce the discharge of pollutants to the maa�imum extent practicable � and satisfy the State requirement under Chapter 90.48 RCW to apply all known, available and reasonable methods of +"-_. prevention, control and treatment (AKART) prior to discharge? (Required by February 16, 2010, SS.C.4.a.ii) 49b. Cite documentation to meet this requirement in Y. Not required unti12010. Attachment field: 50 The ordinance or other enforceable mechanism Y Federal Way Revised City Code 19.25.080 SWMP Section 4 provides the legal authority, through the and 16.10.065. See attached SWMP for approval process for new development, to �` details. inspect private stormwater facilities that discharge to the Permittee's MS4? (Reguired by February 16, 2010, SS.C.4.a.iii) 51 The ordinance or other enforceable mechanism NA Not required until 2010. See attached SWMP SWMP Section 4 allows non-structural preventive actions and source reduction approaches such as Low Impact Development (LID) Techniques to minimize the creation of impervious surfaces and minimize the disturbance of native soils and vegetation? (Required by February 16, 2010, SS.C.4.a.iv) 52 If the ordinance or regulatory mechanism NA ' The City has decided not to make this option SWMP Section 4 allows construction sites to apply the Erosivity available. See attached SWMP Waiver in Appendix 1, Minimum Requirement #2, does it include appropriate, escalating enforcement sanctions for construction sites that provide notice to the Permittee of their intention to apply the waiver but do not meet the requirements (including timeframe restrictions, limits on activities that result in non-stormwater discharges, and implementation of appropriate BMPs to prevent violations of water quality standards) to qualify for the waiver? (If waiver is allowed, the qualification is required by February 16, 2010, SS.C.4.a.v) 53 Developed and implemented a permitting Y ` See attached SWMP SWMP Section 4 process to address runoff from new development, redevelopment and construction ,, � site activities with plan review, inspection, and =m enforcement capabi(ity? (Reguired by February 16, 2010, SS.C.4.b) .z = ,.. w � � �, 121 Page 6 M 12 Question - YtN1 # Comments (SO word limit) Name of Attachment 8 NA Rage #, if auqlicable 54 Applied permitting process to all sites that Y °' � See attached SWMP SWMP Section 4 ,,: disturb a land area 1 acre or greater, including projects less than one acre that are part of a `` �,. larger common plan of the development or sale? (Required by February 16, 2010, �.'�� '`� SS.C.4.b) 55 Reviewed Stormwater Site Plans for new Y �= See attached SWMP S1NMP Section 4 development and redevelopment projects7 ` t` (Required by February 16, 2010, SS.C.4.b.i) SSb. Number of site plans reviewed during the =�. 0 Tracking not required until 2010 re orting period: ' F :• 56 Inspected, prior to clearing and construction, Y See attached S1/UMP SWMP Section 4 all known development sites that have a high �' �� potential for sediment transport as determined ` through plan review based on definitions and requirements in Appendix 7 Determining Construction Site Sediment Potential? (Reguired by February 16, 2010, SS.C.4.b.ii) 56b. Number of qualifying sites inspected prior to 0 Tracking not required until 2010 clearing and construction during the reporting period: ' 57 Inspected construction stormwater Y "` See attached SWMP SWMP Section 4 controls at all known permitted development sites during construction to verify proper installation and maintenance of required erosion and sediment controls? (Required by February 16, 2010, SS.C.4.b.iii) 57b. Number of sites inspected during the 0 f Tracking not required until 2010 construction phase for the reporting period: 58 Enforced as necessary based on the inspection Y See attached SWMP SWMP Section 4 at new development and redevelopment v. ., projects? (Required by February 16, 2010, SS.C.4.b.iii) 58b. Number of enforcement actions taken during � 0 Tracking not required until 2010 the reporting period: ; 59 Inspected qualifying permitted development Y ' "', See attached SWMP SWMP Section 4 sites upon completion of construction and prio to final approval or occupancy to ensure proper installation of permanent stormwater controls such as stormwater facilities and structural BMPs? (Required by February 16, 2010, SS.C.4.b.iv and v) 59b. Number of qualifying sites known during the 0 Tracking not required until 2010 re orting eriod: 59c. Number of qualifying sites inspected during ! 0 Tracking not required until 2010 the reporting period: 60 Verified a maintenance plan is completed and NA =; ` Not required until 2010. See attached SWMP SWMP Section 4 responsibility for maintenance is assigned for qualifying projects? (Required by February 16, 2010, SS.C.4.b.iv) k� , =x 122 Page 7 of 12 Question Y/N/ # Comments (50 word limit) ` Name of Attachment � �q Page #, if apqlicable 6l Enforced regulations as necessary based on the Y " " See attached SWMP SWMP Section 4 inspection? (Reguired by February 16, 2010, '�� SS.C.4.b.iv) ��>,'t � 61 b. Number of enforcement actions taken during 0 s Tracking not required until 2010 the reporting period: ` � 62 Developed and implemented an enforcement Y See attached SWMP SWMP Section 4 strategy to respond to issues of non- � x .. compliance with the regulations for qualifying �_ projects? (Required by February 16, 2010, SS.C.4.b.vi) :� `� 63 Did the Permittee choose to allow construction NA ` The Ciry has decided not to implement the SWMP Section 4 sites to apply the Erosivity Waiver in " Erosivity Waiver option. See attached SWMP. Appendix 1, Minimum Requirement #2? �� `- :, (SS.C.4.b.vii) ``� � 63b. If es, how many waivers were allowed ? � 0 NA 64 Developed and implemented a long-term Y " See attached SWMP SWMP Section 4 operation and maintenance (O&M) program for post-construction stormwater facilities and BMPs? (Required by February 16, 2010, , ; SS.C.4.c) 65 Adopted an ordinance or other regulatory Y ; Federal Way Revised Code 16.36.020 and SWMP Section 4 mechanism that clearly identifies the party �° 16.35.030. See attached SWMP for details. responsibte for maintenance, requires inspection of facilities and establishes enforcement procedures? (Regutred by February 16, 2010, SS.C.4.c.i) 66 Inspected post-construction stormwater Y Y' See attached SWMP SWMP Section 4 controls, including structural BMPs, at new development and redevelopment projects? (Required by February 16, 2010, SS.C.4.c) 66b. Number of sites inspected during the reporting °; 0 Tracking not required until 2010 eriod: 66c. Number of structural BMPs inspected during `,:„ 0 Tracking not required until 2010 the re orting period: 66d. Number of enforcement actions taken during i 0 Tracking not required until 2010 the reportin period: 67 Established maintenance standards that are as NA Preparing to adopt the 2009 King County SWMP Section 4 protective, or more protective, of facility Surface Water Design Manual. Not required function as those specified in Chapter 4 of .�.' until 2010. See attached SWMP Volume V of the 2005 Stormwater Management Manual for Western ; �. , ' � Washington? (Required by February 16, 2010, SS.C.4.c.ii) 68 Performed timely maintenance as per NA ' Not required until 2010. See attached SWMP SWMP Section 4 SS.C.4.c.ii? (Required by February 16, 2010, s �.�� SS.C.4.c.ii) 68b. Attached documentation of any maintenance NA : delays. (Required by February 16, 2010, SS.C.4.c.ii) 69 Established program to annually inspect all Y See attached SWMP SWMP Section 4 stormwater treatment and flow control facilities (other than catch basins) permitted by the Permittee according to SS.C.4.b. unless °'` there are maintenance records to justify a `' ' different frequency? (Required by February 16, 2010, SS.C.4.c.iii) f.�� - .: Page 8 of 12 Question Y/N/ # Comments (5Q word limi#) Name of Attachment 8� Np Page, #, i# apqlicable 70 If using reduced inspection frequency, NA Attached documentation as per SS.C.4.c.iii? � z✓; (Required by February 16, 2010, SS.C.4.c.iii) 4 �. 71 Inspected all new stormwater treatment and NA �" Not required until 2010. See attached SWMP SWMP Section 4 flow control facilities owned or operated, including catch basins, for new residential developments that are a part of a larger common plan of development or sale, every 6 months during the period of heaviest house construction (i.e., l to 2 years following subdivision approval) to identify maintenance `� needs and enforce compliance with � maintenance standards as needed? (Required by February 16, 2010, SS.C.4.c.iv) 71b. Number of facilities inspected during the 0 Tracking not required until 2010 reporting period: 72 Implemented a procedure for keeping records NA ,; ;` `" Not required until 2010. See attached SWMP SWMP Section 4 of inspections and enforcement actions by staff, including inspection reports, warning letters, notices of violations, other enforcement records, maintenance inspections and maintenance activities? (Required by February 16, 2010, SS.C.4.d) 73 Provided copies of the Notice of Intent for Y See attached SWMP SWMP Section 4 Construction Activity and Notice of Intent for Industrial Activity to representatives of proposed new development and redevelopment? (SS.C.4.e) 74 All staff responsible for implementing the Y See attached SWMP SWMP Section 4 program to control stormwater runoff from new development, redevelopment, and construction sites, including permitting, plan review, construction site inspections, and enforcement were trained to conduct these activities? (Required by February 16, 2010, SS.C.4. fl ` � � . �° 74b. Number of trainin s rovided: ' � 74c. Number of staff trained: $ 75 Developed and implemented an operations and NA Not required unti12010. See attached SWMP SWMP Section 5 maintenance {O&M) program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations? (Required by February 16, 2010, SS.C.S) 76 Adopted maintenance standards as protective, NA Preparing to adopt the 2009 King County SWMP Section 5 or more protective, of facility function as those Surface Water Design Manual. Not required specified in Chapter 4 of Volume V of the until 2010. See attached SWMP 2005 Stormwater Management Manual for Western Washington ? (Required by February 16, 2010, SS.C.S.a) 124 Page 9 of 12 Questio�n Y/N/ # Gomments (50 word fimit) Name of Attachment $ Mq Page #, if a�plicable 77 Performed timely maintenance as per NA ",;` = Not required until 2010. See attached SWMP SWMP Section 5 SS.C.S.a.ii? (Reguired by February 16, 2010, SS.C.S.a.ii) � --�� 77b. Attached documentation of any maintenance NA ��. delays. (Required by February 16, 2010, SS.C.S.a.ii) 78 Designed a program to annually inspect and Y � `.' See attached SWMP SWMP Section 4 maintained all stormwater treatment and flow control facilities (other than catch basins)? (Reguired by February 16, 2010, SS.C.4.c.iii) 78b. Number of known facilities: 0 Tracking not required until 2010 78c. Number of facilities inspected during the >` 0 Tracking not required until 2010 re orting eriod: '''' 79 If using reduced inspection frequency, NA Attached documentation as per SS.C.S.a.ii? (Required by February 16, 2010, SS.C.S.b) 80 Conducted spot checks of stormwater facilities Y See attached SWMP SWMP Section 5 after major storms? (Reguired by February 16, 2010, SS.C.S.c) 80b. Number of known facilities: "' p Tracking not required until 2010 80c. Number of facilities inspected during the ` 0 Tracking not required until 2010 re orting period: 81 Inspected municipally owned or operated catch Y :' See attached SwMP SWMP Section 5 basins at least once before the end of the Permit term? (Required by February 16, 2010, SS.C.S.d) 81 b. Number of known catch basins: �� . 0 Tracking not required until 2010 81c. Number of ins ections: '' 0 Tracking not required until 2010 81 d. Number of catch basins cleaned: 0 Tracking not required until 2010 82 Established and implemented practices to NA Not required until 2010. See attached SWMP SWMP Section 5 reduce stormwater impacts associated with ` runoff from streets, parking lots, roads or highways owned or maintained by the Permittee, and road maintenance activities conducted by the Permittee? (Required by February 16, 2010, SS.C.S. fl 83 Established and implemented policies and NA ; Not required until 2010. See attached SWMP S1NMP Section 5 procedures to reduce pollutants in discharges from all lands owned or maintained by the ' �! Permittee and subject to this Permit, including but not limited to: parks, open space, road right of-way, maintenance yards, and stormwater � treatment and flow control facilities? (Required by February 16, 2010, SS.C.S.g) 84 Implemented an operations and maintenance NA Not required until 2010. See attached SWMP SWMP Section 5 (O&M) program that includes a training , component and has the ultimate goal of preventing or reducing pollutant runoff from ` municipal operations? (Required by February 16, 2010, SS.C.S.h.) 84b. Number of trainin s rovided: �; 0 � Tracking not required untii 2010 84c. Number of staff trained: �''�: 0 Tracking not required until 2010 Page 10 of 12 Question - ` YIN/ #'Commen� (50 wortl limit) ' Name of Attachment & ; NA Page #, if �nplicable 85 Implemented a Stormwater Pollution NA :, "�; Not required until 2010. See attached SWMP SWMP Section 5 Prevention Plan (SWPPP) for all heavy ;�, equipment maintenance or storage yards, and material storage facilities owned or operated by the Permittee in areas subject to this Permit that are not required to have coverage under the Industrial Stormwater General Permit? (Reguired by February 16, 2010, SS.C.S.i) 86 Is ttiere an approved Total Maximum Daily N No TMDL listed water bodies in Federal Way. Load (T'lv@L) applicable to stormwater discharges from a MS4s owned or operated by the Permittee? 87 Complied with the specific requirements NA No TMDL listed water bodies in Federal Way. identified in A endix 2? S7.A) 88 AttAChed stc�tus report of TMDL NA No TMDL listed water bodies in Federal Way. im lementation? S7.A 89 Where monitoring was required in Appendix 2, NA No TMDL listed water bodies in Federal Way. did you conduct the monitoring according to an approved Quality Assurance Project Plan? (S7.A) 90 Took appropriate action to correct or minimize NA The City is not aware of any non in discharges into or from the MS4 which may 2009. constitute a threat to human health, welfare, or the environment? (G3) 90b. Attac6td a summary of the status of NA The City is not aware of any non in implementation of any actions taken pursuant 2009. to S4.F and the status of any montioring, assessment, or evaluation efforts conducted dunng the reporting period? (S4.F.3.d} 91 Notified Ecology of the failure to comply with NA The City is not aware of any non-compliance in the permit terms and conditions within 30 days 2009. of becoming aware of the non-compliance? (G20) 92 Notified Ecology immediately in cases where NA .. The City is not aware of any non in the Permittee becomes aware of a discharge 2009. from the Permittees MS4 which may cause or contribute to an imminent threat to human health or the environment? (G3) 93 Attached a summary of identified barriers to NA Not required until 2011. the use of low impact development (LID) and measures to address the barriers (Required to be submitted by March 3l, 20l 1, S9.E.4.a) 94 Attached a report describing LID practices NA Not required until 2011. currently available and that can be reasonably implemented, potential or planned non- structural actions and LID techniques to prevent stormwater impacts, goals and metrics to identify, promote, measure LID; and schedules to require and implement non- structureal and LID techniques on a broader scale (Required to be submitted by March 31, 201 l, S9.E.4.b) Page 11 of 12 VII. Information Collection, BMP Evaluation, and Monitoring Complete Part A for all annual reports. NOTE: Please note in Row 1 of the table if you have no information to report. NOTE: Please limit your entries to 255 characters per cell. You may include additional information in your Supplemental Documentation attachment and reference it below with the page number. A. Information Collection � N � Page 1 of 1 VII. Information Collection, BMP� Evaluation, and Monitoring Compiete Part B for all annual reports. B. SWMP Evaluation You are required to assess the appropriateness of the BMPs you have selected to implement your SWMP. This evaluation is necessary to evaluate whether the MEP standard set by the permit is protective of water quality in your receiving water bodies. This assessment may be entirely qualitative. Answer NA if you are not yet implementing BMPs for a component of the SWMP. (S8.B.2 and S9) Ct��n r`��.. ° � ��1� , '�,.. :�'+�:' � .��" �. . . �� See Section 1 of SWMP Are the BMPs selected and implemented for Public Outreach Y 1. appropriate to minimize pollutants in the MS4 to the MEP? Are the BMPs selected and implemented for Public See Section 2 of SWMP Involvement appropriate to minimize pollutants in the MS4 to Y N2, the MEP? Are the BMPs selected and implemented for Illicit Discharge See Section 3 of SWMP Detection and Elimination appropriate to minimize pollutants Y 3. in the MS4 to the MEP? Are the BMPs selected and implemented for Construction City is currently developing program and relevant BMPs. Stormwater Pollution Prevention appropriate to minimize NA 4. pollutants in the MS4 to the MEP? Are the BMPs selected and implemented for Post- City is currently developing program and relevant BMPs. Construction Runoff Management appropriate to minimize NA 5. pollutants in the MS4 to the MEP? Are the BMPs selected and implemented for Good City is currently developing program and relevant BMPs. Housekeeping for Municipal Operations appropriate to NA 6. minimize pollutants in the MS4 to the MEP? Page 1 of 1 VII. Information Collection, BMP Evaluation, and Monitoring D. Preparation for future, long monitoring Complete section D for the fourth annual report only. ' I��te c�f 1�a��rm�nt? Question Y�N/NA Comments (50 word timit) I�a�� 1V�t�ti��'t Identified outfalls or conveyances for Not required until 2011 Annual Report long-term stormwater monitoring? NA 1. (S8.C.2.a) Attach site maps and descriptions. 1 b. (S8.C.2.al r 2. w 0 2b. 3. 3b. 4. 4b. Identified at least two questions for SWMP effectiveness monitoring and developed monitoring plans? (S8.C.2.b) Attach the proposed questions and monitoring plans for SWMP effectiveness monitoring. (S8.C.2.a.ii) Monitoring plan developed for each question? (S8.C.l.b.iii) Attach a copy of the monitoring plan. Identified sites in preparation for future, long-term monitoring? (S8.C.l.a., and S8.C.2.b) Attach a summary of the status of site identification for long-term stormwater monitoring; proposed questions for SWMP effectiveness monitoring; and status of developing the SWMP effectiveness monitorin� plans. ;Y Not required until 2011 Annual Report NA y � NA Not required until 2011 Annual Report Not required until 2011 Annual Report Y Page 1 of 1 2009 Annual Report - Appendix A(Stormwater Studies) _ � µ� _ .._. , ^g He�l`ip�on �r� �torn��t�� mc�n��crir�'uag, stu�i��s, �r type �� :'' � ;� _ informa�on c��ected anc� analyzed aduri�g the reporting p�rriad. '�ff �in�et {SS,B.1) Continuous water quality monitoring at four (4) in-pipe MS4locations Dan Smith, 1 utilizing automated instrumentation for flow, dissolved oxygen, Water Quality Coordinator temperature, and pH. 253-835-2756 Continuous water quality monitoring at one (1) in-pipe MS4location Dan Smith, 2 Water Quality Coordinator utilizing automated instrumentation for turbidity. 253-835-2756 Continuous water quality monitoring at three (3) surface water Dan Smith, 3 locations utilizing automated instrumentation for flow, dissolved Water Quality Coordinator oxygen, temperature, pH, and turbidity. 253-835-2756 Continuous water quality monitoring at two (2) surface water Dan Smith, 4 locations utilizing automated instrumentation for flow, dissolved Water Quality Coordinator oxygen, temperature, and pH. 253-835-2756 Continuous temperature monitoring at approximately seventeen (17) Dan Smith, 5 individual (both MS4 and surface water) sites utilizing automated Water Quality Coardinator loggers. 253-835-2756 Various grab samples collected to quantify stormwater contaminants Dan Smith, 6 of concern associated with prohibited stormwater discharges and code water Quality Coordinator enforcement action. Samples were submitted to a local environmental 253-835-2756 laboratory for analysis. In-stream B-IBI macroinvertebrate samples collected and analyzed Dan Smith, 7 Water Quality Coordinator from eleven (11) individual sites. 253-835-2756 Hollie Shilley, 8 Catch basin sediment level monitoring. NPDES Coordinator 253-835-2752 Volunteer water quailty monitoring data. No quality control review or Dan Smith,` g Water Quality Coordinator data evaluation was conducted on this data. 253-835-2756 131 COUNCIL MEETING DATE: February 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUB.TECT: Easter Lake Flood Control Improvements & West Branch Joes Creek Culvert Replacement - Project Acceptance POLICY QUESTION Should the Council accept the Easter Lake Flood Control Improvements & West Branch Joes Creek Culvert Replacement Project constructed by Ceccanti, Inc., as complete? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ Ordinance MEETING DATE:, February 1 , 2010 ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: William A��leton, P.E., Surface Water Mana�er_ __ DEP'r: Public Works Attachments: Land Use and Transportation Committee memorandum dated February 1, 2010. Options Considered: 1. Authorize final acceptance of the Easter Lake Flood Control Improvements & West Branch Joes Creek Culvert Replacement Project constructed by Ceccanti, Inc., in the amount of $426,404.49, as complete. 2. Do not authorize final acceptance of the completed Easter Lake Flood Control Improvements & West Branch Joes Creek Culvert Replacement Project constructed by Ceccanti, Inc., as complete and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the February 16, 2010 City Council Consent Agenda for approval. • CITY MANAGER APPROVAL: � C��I'+�t ��'�� DIItECTOR APPROVAL: �'� Committee Council Committee Council COMMITTEE RECOMMENDATION The Committee recommends forwarding Option 1 to the February 16 2010 City Council Consent Agenda for approval. Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION "I move to accept the Easter Lake Flood Control Improvements & West Branch Joes Creek Culvert Replacement Project constructed by Ceccanti, Inc., in the amount of $426, 404.49 as complete. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/N0 ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 13 2 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February l, 2010 TO: Land Use and Transportation Committee VIA: Cary M. Roe, P.E., Public Warks and Parks Director FROM• william Appleton, P.E., S�face Water Manager �r,�' ' Jeff Wolf, P.E., Surface Water Engineer SUBJECT: 2009 Easter Lake Flood Control Project — Project Acceptance and Retainage Release BACKGROUND: Priar to release of retainage on a Public Works construction project, the City Cauncil moust accept the work as complete to meet 5tate Department of Revenue and State Department of Labor and Industries requirements. The above-referenced contract with Ceccanti, Inc. is complete. The final construction contract amount is $426,404.49. This is within the budgeted amount of $460,887.41 (contract plus contingency) approved by the City Council on May 1 S, 2009. cc: Project File CentralFile K:�LUTC�2010�2-1-10 Easter Lake Project Fina1 Accepiance.doc 133 COUNCIL MEETING DATE: February 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT Relinquishment of a Portion of South 320`�' Street to the State of Washington POLICY QUESTION Should the Council adopt an ordinance relinquishing a portion of S 320 Street to the State of Washington between 32 Avenue South and the South King Fire and Rescue Station Number 64? COMMITTEE Land Use and Transportation Committee CATEGORY: ❑ Consent ❑ City Council Business MEETING DATE February 1 , 2010 � Ordinance ❑ Resolution �': Public Hearing Other STAFF REPORT BY__Marwan Salloum, P.E_, Deputy Public Works Director�'�EPT Public Works _______�_ __ Attachments: Land Use and Transportation Committee memorandum dated February 1, 2010. OpNons Considered: 1. Adoption of the attached ordinance relinquishing a portion of South 320` Street to the State of Washington. 2. Do not adopt the ordinance relinquishing a portion of South 320`�' Street to the State of Washington and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the February 16, 2010 City Council Ordinance Agenda for the first reading. CITY MANAGER APPROVAL: /' W+�� DIRECTOR APPROVAL: Committee Council • Co Council COMMITTEE RECOMMENDATION Committee recommends forwarding Option 1 to the February 16 2010 City Council Ordinance Agenda for first reading. Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Membe PROPOSED COUNCIL MOTION: l Reading of Ordinance (February 16, 2010): "I move to forward the ordinance to the second reading for enactment on the March 2, 2010 City Council Ordinance Agenda. " 2 Reading of Ordinance (March 2, 2010): "I move to enact the ordinance relinquishing a portion of S 320`" Street to the State of Washington. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL tf ❑ DENIED lsr reading ❑ TABLED/DEFERRED/NO ACfION Enactmeot reading ❑ MOVED TO SECOND READING (ordirrareces only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 134 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: February 1, 2010 Land Use and Transportation Committee Brian Wilson, City Manager Marwan Salloum, P.E., Deputy Public Works Director � John Mulkey, P.E., Street Systems Project Engineer �� Redinquisl�ment of a Portion of S 320` St to the State of Washington The S 320�` Street vacation was brought to LUTC on July 7, 2008 for the vacation of a portion of S 320�' Street to Quadrant Corporation as a part of a small lot development on the north side of S 320`� Street, between 32" Avenue South, and the South King Fire and Rescue Station No. 64. The vacation was brought to Council on September 9, 2008, at which time a public hearing was held and the Council conditionally approved the vacation. The conditions of the vacation were for Quadrant to relocate the utilities within the area proposed for vacation to a location within the remaining right of way and create easements for utilities crossing the vacated area. Quadrant completed the relocation and undergrounding of the overhead utilities that were located within the proposed vacation area to outside the proposed vacation area. In the course of completing this process, it was discovered that the S 320` Right of Way deed, transferring the Right of Way for the State to the County, has a condition that if any part of the area transfened to the County, or its successors in no longer needed for public road purposes, that property is to be returned to the State. As this area was approved for vacation by Council on September 2, 2008, the City has deemed this area no longer needed for public road purposes. As presented to Council in the staff report, the property proposed for the vacation and which would be relinquished, is outside of the widest planned cross section for S 320 Street, and would not be needed far future roadway purposes. Once the property has been relinquished to the State, Quadrant will negotiate purchase of that property from the State. Also any easements required for the utilities can not be put into affect until after the State as sold the property to Quadrant as the utilities would remain in public property. As stated above, based on the approval of the vacation by Council, the area being proposed for relinquishment to the State of Washington is no longer need for roadway purposes, and as a condition of the deed, must be relinquished to the State. 135 K:\LUTC�2010\02-01-10 S 320th Street Relinquishment - Ordinance to relinquish.da ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the relinquishment to the State of Washington a portion of South 320� Street located between 32 Avenue South and the South King Fire and Rescue Station 641ocated at 3720 South 320 Street. WHEREAS, the portion of South 320�' Street located between 32 Avenue South and the South King Fire and Rescue Station 64 is no longer needed for public road purposes; and WHEREAS, per the deed to King County from the State of Washington Recording Number 8107060253 states "The grantee herein, its successors and assigns, agree as condition of this conveyance that the above designated property is to be used for public road purposes and for purposes related thereto and, should any portion of those parts of said property that were acquired by the State of Washington for a consideration derived for the state motor vehicle fund be no longer used for public road purposes or such related purpose, all rights in and to such a portion herein conveyed sha11 become null and void and title to said portion shall immediately revert to and revest in the grantor herein."; and WHEREAS, the portion of 320�' Street located between 32" Avenue South and the South King Fire and Rescue Station 64 was acquired by the State of Washington through the state motor vehicle fund. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Relinquishment. That portion of the right-of-way of South 320th Street, located between 32nd Avenue South and the South King Fire and Rescue Station 64 located at 3720 South 320th Street as described in Exhibit "A" (legal description) and so depicted on Exhibit "B" (Exhibit Ordinance No.10- Page 1 of 3 Rev 7/09 136 maps 1, 2 and 3) and Exhibit "C" (vicinity map) attached hereto is hereby relinquished to the State of Washington. The property lying in the portion of the right-of-way described in Exhibit "A" shall be relinquished to the State of Washington per the conditions of the original deed granting the property to King County. Section 2. Recordation. Upon passage, approval and publication of this ordinance, the City Clerk is directed to cause this ordinance to be recorded with the King County Department of Records and Elections. Section 3. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. Ordinance No.10- Page 2 of 3 Rev 7/09 137 PASSED by the City Council of the City of Federal Way this day of ►.1 CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR 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.: Ordinance No.10- Page 3 of 3 Rev 7/09 138 EXHIBIT A RIGHTS-OF-WAY LEGAL DESCRIPTION STRIPS OF LAND IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M, BEING A PORTION OF TRACTS 1, 2, 3, 4 AND 5 CONVEYED TO THE STATE OF WASHINGTON FOR ROAD BY DEEDS RECORDED UNDER RECORDING NUMBERS 4998517, 4998539, 534586 AND 4998520, ALL IN MIDWAY SUBURBAN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 38 OF PLATS, PAGE 40, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10; THENCE, NORTH 02°05'03" EAST ALONG THE WEST LINE OF SAID SECTION 125.06 FEET; THENCE, SOUTH 89°44'38" EAST, 41:03 FEET TO THE NORTHWEST CORNER OF THE SOUTH 75.00 FEET OF TRACT 1 OF SAID PLAT AND POINT OF BEGINNING; THENCE, SOUTH 89°44'38" EAST ALONG THE NORTH LINE OF SAID SOUTH 75.00 FEET, 188.99 FEET TO THE NORTHEAST CORNER OF THE SOUTH 75.00 FEET OF SAID TRACT 1; THENCE, SOUTH 02°05'01" WEST ALONG THE EAST LINE OF SAID TRACT, 35.02 FEET TO THE NORTHEAST CORNER OF THE SOUTH 40.00 FEET OF SAID TRACT; THENCE, SOUTH 89°44'38" EAST ALONG THE NORTH LINE OF THE SOUTH 40.00 FEET OF TRACTS 2, 3 AND 4, A DISTANCE OF 570.15 FEET TO POINT HEREINAFTER CALLED "POINT A"; THENCE, ALONG A NON-TANGENT CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS NORTH 68°13'57" WEST 43.00 FEET; THENCE SOUTHWESTERLY THROUGH A CENTRAL ANGLE OF 15°18'16", FOR AN ARC LENGTH OF 11.49 FEET; THENCE, NORTH 89°44'38" WEST ALONG THE NORTH LINE OF THE SOUTH 30.00 FEET OF TRACTS 1, 2, 3 AND 4, A DISTANCE OF 574.90 FEET; THENCE, NORTH 02°05'01" EAST ON THE WEST LINE OF THE EAST 10.00 FEET OF SAID TRACT 1, A DISTANCE OF 35.02 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 65.00 FEET OF SAID TRACT 1; THENCE, NORTH 89°44'38" WEST ALONG SAID L1NE, 178.47 FEET; THENCE, ALONG A NON-TANGENT CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS NORTH 82°33'59" EAST 38.00 FEET; THENCE NORTHERLY THROUGH A CENTRAL ANGLE OF 9°31'03", FOR AN ARC LENGTH OF 6.31 FEET THENCE, NORTH 02°05'01" EAST 3.71 FEET TO THE POINT OF BEGINNING; ALSO, COMMENCING AT SAID "POINT A; THENCE, SOUTH 89°44'38" EAST ALONG THE NORTH LINE OF THE SOUTH 40.00 FEET QF TRACTS 4 AND 5, A DISTANCE OF 66.05 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUING SOUTH 89°44'38" EAST, 63.80 FEET ALONG SAID NORTH LINE TO THE EAST LINE OF THE WEST 100.00 FEET OF TRACT 5; THENCE, SOUTH 02°05'01" WEST ALONG SAID EAST LINE 20.01 FEET TO THE NORTH LINE OF THE SOUTH 20 FEET OF SAID TRACT 5; THENCE, NORTH 89°44'38" WEST ALONG SAID SOUTH LINE, 49.62 FEET; THENCE, ALONG A NON-TANGENT CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS NORTH 39°51'24" EAST 43.00 FEET; THENCE NORTHWESTERLY THROUGH A CENTRAL ANGLE OF 32°37'04", AN ARC DISTANCE OF 24.48 FEET TO THE POINT OF BEGINNING. 139 EXHIBIT B EXHIBIT MAP 1 RIGHT—OF—WAY VACATION ----- i � � \ ; --------�------ ' 32nd �- ---------�-----�----- \� -- - � — ----- --- AVE. 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S.) � i f (� i •-----��; ' 20 TO 6E VACATED �� i ,I ' LZ � 60� � 5�' � � ' � ; :I ,� � 11255 Kirkland Way, Suite 300 QUADRANT 17�GJ Kirkland SOUTH 320TH PLACE p. 425.827.2014 � f. 425.827.5043 ...................................................... RIGHT—OF—WAY Civil � Structural � Planning � Survey VACA ��N M Engineering Services Company paceengrs.com SCALE: 1" = 150' FILE:\5809-ROW-VAC DATE: 1/07/2010 REV) JRD/BLE PROJ. NO.: 05809.14 140 EXHIBIT MAP 2 RIGHT—OF—WAY VACATION � �� I _ _ _NO2'05'03"E_ _ _ T SW CORNER 125.06' �" — � SECTION 10 j�w 32nd A I/E. � NO2'OS'01"E ° � --r-. �______________� i R=38.0�� a=9'31'03' / � L=6.31' i / i � � � c � ' V � �/ 3 � � V l i � i I i i � � � � , � 1 I � I �r i n i� '� I i �o �c i= 1 I I I� I� I� � � �r �m i I I i i � i i �------ � i z � � � � �I � w � � � � �I � � � � � � � � � , � I I I 75.00' � � � .� V W � � � � v_ z °o � � � � - P cfl � c.,i � � NO2'05'01 "E 35.02' � � �� .� �� ' '�: �� 10' TO BE VACATED 35.02' — — so2•os'o� "w � � w � m � V O U� — a-o. oo' SEE EXI-BIT MAP 1$� 3 11255 Kirkland Way s��e �oo QUADRANT HOMES Ki�kland wASeo3s $p(Jj}� 320TH PLACE p. 425.827.2014 � f. 425.827.5043 ...................................................... RIGHT—OF—WAY Civil � Structural � Planniru� � Suroey VACA TION An Engineering Services Company paceengrs.com SCALE: 1" = 50' FILE: \5809—ROW—VAC DATE: 1/07/2010 REV) JRD/BLE PROJ. NO.: 05809.14 � 141 EXHIBIT MAP 3 RIGHT—OF—WAY VACATION � � � � � � � � � � � � I � WEYERHAEU R WAY S. � I I I � � � � I� �r IZ im I I 1 � \ 4�.�� I I I I ; R=43.00' � ��5'ts'is" POINT A � L=11.49' �, , � �� ----- ---a —�— I � — — — — � R=43.00' �-i i�32'37'04" i L=24.48' POB i i i � ; Z 20' TO BE VACATED �� $ N i W - � � 10' TO BE VACATED � � � � , � , ( � � � � � , � � �� ;�� I � o ,o � �� o �, � � I �� D In SEE EX IBIT MAP 1� 2 _ � — — _ � vJ O 1 ` , V � � � � y � 2�.�� + S02'05'01 "W I I �/ 11255 Kirkland Way s�c�soo QUADRANT HO�IES Kirkland ,wASSa�3 SOUTH 320TH PLACE E p. 425.827.2014 � f. 425.827.5043 ...................................................... RIGHT—OF—WAY Civil � Structural � Planning � Survey VACA �� M Engineering Senrices Comparry paceengrs.com SCALE: 1" = 50' FILE: \5809—ROW—VAC DATE: 1/07/2010 REV) JRD/BLE PROJ. NO.: 05809.14 142 S 320th ST (Quadrant) RIGHT OF WAY RELINQUISHMENT Note: This map is intended for use as a graphical representation only. The City of Federal Way makes no warrar►ty as to its accwacy. 143 VICINITY MAP COUNCIL MEETING DATE: February 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGEN BILL ITEM #: SUBdECT: Interlocal Agreement with Lakehaven Utility District for Design and Construction of the S 348`�' St at 1 S ' Avenue S Intersection Improvements Project POLICY QUESTION Should the Council authorize the City Manager to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the South 348` Street at ls Avenue South Intersection Improvements Project� COMMITTEE Land Use and Transportation Committee MEETING DATE February 1 , 2010 � ■ Public Hearing CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution Other STAFF REPORT BY: Marwan Salloum, P.E.,,De�uty Public Director�"DEPT:_Public Works �_ _____�__. Attachments: l. Land Use and Transportation Committee memorandum dated February 1, 2010. 2. Interlocal Agreement with Lakehaven Utility District. Options Considered: 1. Authorize the City Manager to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the S 348`�' Street at l Avenue S Intersection Improvements Project. 2. Do not authorize the City Manager to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the S 348'�' Street at 1 S' Avenue S Intersection Improvements __ _ __Pro�ect and provide direction to staff. ___ _�_ _ _________ __,__._._�._ STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the February 16, 2010 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: ,(j �J1I � ' � �„ � DIRECTOR APPROVAL: Committee Council Commmee Council COMMITTEE RECOMMENDATION: Committee recommends forwarding Option 1 to the February 16 , 2010 Council Consent Agenda for approval. Dini Duclos, Chair Jim Ferrell, Member Ja Dovey, Member PROPOSED COUNCIL MOTION "I move to authoraze the City Manager to execute the Interdocal Agreement between the Ciry of Federal Way and Lakehaven Utility District for the S 348`" Street at I Avenue S Intersection Improvements Project. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 sT � d1°g ❑ TABLED/DEFERRED/NO ACTION Enachnent readiog ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 14 4 RESOLUI'ION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 1, 2010 TO: Land Use and Transportation Committee VIA: Brian Wilson, City Manager FROM• Marwan Salloum, P.E., Deputy Public Works Director ' John Mulkey, P.E., Street Systems Project Engineer ��` SUBJECT• Interlocal Agreement with Lakehaven Utility District for the Design and Construction of S 348`" ' Street at l Avenue S Intersection Improvement Project BACKGROUND Lakehaven Utility District requested the City enter into an interlocal agreement for the design and construction of two sections of water main replacement and adjustment of Water and Sanitary Sewer facilities as part of the S 348�` Street at 1 Avenue S Intersection Improvements Project in an effort to reduce both cost and extended public disruption of the area. A copy of the proposed agreement is attached to this memo. The estimated cost of the interlocal ageement is $114,504.54 and includes the cost for bidding document incorporation, construction, construction management and project administration. Actual construction costs incurred will be used to calculate the final cost of Lakehaven Utility District's reimbursement to the City. 145 K:\LUTC\2010\02-01-10 S 348th at lst - LUD Des-Constr ILA.doc After recording, return to: Federal Way City Attorney's Office 33325 8"' Avenue South PO Box 9718 Federal Way, WA 98063-9718 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE SOUTH 348 STREET AT l AVENUE SOUTH INTERSECTION IMPROVEMENT PROJECT THIS AGREEMENT is made and entered into this day of , 2010, by and between the City of Federal Way (hereinafter "City") and Lakehaven Utility District (hereinafter "District"), collectively referred to herein as the "Parties". WHEREAS, the City proposes to proceed with the South 348 Street at 1 Avenue South Intersection Improvement Project (hereinafter "Project"); and WHEREAS, the District provides water and sewer service in the general area of the Project in accordance with applicable Washington State and City of Federal Way laws, regulations and franchises; and WHEREAS, in connection with the roadway improvements being undertaken by the City, the District will be reyuired to construct and adjust certain water and sanitary sewer facilities within the Project area; and WHEREAS, Chapter 39.34 (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, the District can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for the District, including allowing a public works construction contract for the installation of the water and sewer improvements in connection with the Project (hereinafter "District Work"), and providing construction management services in support thereof, as described in Exhibit A, attached hereto and incorporated herein by this reference; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: Page 1 146 I. DESIGN. The District shall perform all required design work for the construction of water facilities within the project limits. District shall reimburse the City for all costs for the City consultant to incorporate the Lakehaven design into the project plans, specifications and cost estimate as outlined in Exhibit A, and other necessary documents, which shall sufficiently detail requirements for the District Work to become a part of the plans and specifications for the Project into Contract documents for this project. II. BIDDING AND CONSTRUCTION. A. It is the intention of the City and the District that the District plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost allocations between the Parties. The costs allocated will be paid by Lakehaven Utility District, except those costs relating to the removal and installation of 12" Ductile Iron pipe and installation of associated fitting and valves that have been identified as separate bid items in the bid schedule, due to the fact that the existing 12" pipe was installed in an easement that has been cleared by Lakehaven Utility District, per the agreement with Lakehaven Utility District (AG# 09-182). B. Following opening of construction bids on the Project, the District shall be furnished with the bid responses submitted for the District Work for the District's approval. Within twenty days of receiving the bid prices, the District shall notify the City in writing that the District either approves or rejects their portion of the bid award. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed with the District Work until the City has received approval from the District for its portion of the bid award; provided, however: if no bids are received which, in the estimation of the Disri are acceptable to the District for the District Work, the District shall so immediately notify the City. The District Work shall be deleted from the project contract and, in this event; the City shall proceed with its portion of the Project. This Interlocal Agreement shall terminate effective the date of the District's notice to the City of the District's rejection of all bids. IIL CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. The District grants to the City Public Works Director andlor his or her designee authority to act on behalf of the District sufficient to carry out the provisions of this Agreement. B. The District shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the District Work, which changes shall be made, if feasible. The City shall notify the District, in writing, of any changes required of the District Work and shall obtain the District's approval of such changes. The District's approval shall not be unreasonably withheld. The District shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the District. Page 2 147 IV. PAYMENT. A. The District shall reimburse the City for all costs incuned by the City in performing the District Work, which costs shall include but are not limited to the District Work performed by the Project contractor(s), all District requested changes, and the District's cost of the City services described in Paragraph III (a) herein, and as described in Exhibit B. B. All payments shall be due from the District to the City within thirty (30) days after appeoval by the District's General Manager or his/her designee of the sums billed to the District. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold the District, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. The District agrees to indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its agents or employees, or by District's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until either ( l) the District rejects all bids or (2) the City Council accepts the completion of the project, whichever is earlier. VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. B. Upon completion of the construction and City's acceptance of the Project as fully constructed according to plans, specifications and change orders, the City shall provide a final invoice to the District for any final payment due. The District's payment of this final invoice shall, in effect, transfer ownership of these water and sewer mains and appurtenances to the District and the District shall thereafter be responsible for maintenance of such facilities. Page 3 148 EXHIBIT "A" SCOPE OF SERVICES Water and Sewer Design and Construction City of Federal Way South 348�' Street at 1 Avenue South Intersection Improvement Project Introduction The City of Federal Way has requested that Parametrix revise the final plans, specifications and estimate for the South 348`�' Street at 1 Avenue South Project. The revisions are necessary to incorporate water main relocation plans into the contract documents as provided by the Lakehaven Utility District. Improvements designed by Lakehaven Utility District will include the removal and relocation of water mains, hydrants and meters as necessary to accommodate the City's planned intersection improvements. Additional Scoue OF WORK Task 2— Design Revisions to Contract Plans The following design revisions will be made to incorporate the waterline relocation designed by Lakehaven Utility District: • Intersection of l and 348`": Move CB D-2 and D-3 South approximately 8' to allow for the construction of the new water main. The e�sting fire hydrant on the northwest corner will be removed and relocated to the northeast corner approximately 20' east to be adjacent to the driveway. • Spec�cations and Estimate: The bid list (proposal) for will be updated to reflect new quantities of work based on the plan revisions described above. Technical specifications provided by the City for the water main work will be incorporated into the contract documents for the project and the opinion of probable cost (engineer's estimate) will be updated based on the new quantities and recent bid tabulations for similar projects. . Lakehaven Utility District Water Plans: Lakehaven Utility District will provide water plans for incorporation into the plan set. The following plans sheets are affected by the revisions and will be updated by Parametrix: • Demo Plans: Update to reflect removaUrelocation of fire hydrants and existing water main. • Storm Drainage Plans: Update/revise sheet to reflect revisions to CB D-2 and D-3. • Storm Drainage Profiles: Update/revise sheet to reflect revisions to CB D-2 and D-3. Page 5 149 EXHIBIT "B" Water and Sewer Design and Construction City of Federal Way 21st Avenue SW Extension (SW 356th Street to 22nd Avenue SV� ESTIMATED DESIGN, CONSTRUCTION, PROJECT ADMINISTRATIONAND CONSTRUCTION MANAGEMENT COSTS FOR INCL UDING LAKEHA VEN UTILITY DISTRICT UTILITY WATER AND SEWER CONSTRUCTION ESTIMATED BIDDING DOCUMENT INCORPORATION Estimated design costs for Lakehaven utility replacements (PARAMETRIX) ESTIMATED CONSTRUCTION COSTS Construction Costs Subtotal Construction Sales Tax @ 9.5% of Construction Cost Subtotal Construction Including Sales Tag Construction Management (12.5% of Construction cost.) ESTIMATED TOTAL CONSTRUCTION COST ESTIMATED PROJECT COST ( Design & Construction) Project Administration (5% of project cost) TOTAL ESTIMATED COST $ 4,143.00 $ 85,162.00 $ 85,162.00 $ 8.090.39 S 93,252.39 $ l 1.656.55 $104,908.94 $109,051.94 $ 5,452.60 $ 114.504.54 Note: Costs presented are estimates only. Actual costs incurred will be used to calculate final cost of Lakehaven Utility District's reimbursement to the Cdty. Page 6 150 SOUTH 348TH STREET AT 1 ST AVENUE SOUTH RBB NO. 10-101 BID SCHEDULE B- WATER AND SANITARY SEWER (TOtal cost including 12" pipe replacement and associated fRings) ' 2001 2002 2UO3 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 1-09 Mobilization 1-10 Projed Temporary Trafflc Control 1-10 Flaggers and Spotters 7-05 Adjust Manhole 7-09 Trench Safety System Z-02 Remove Existing Ductile Iron Pipe Water Main 12 In. Diam. 2_�2 Remove Existing Asbestos Cement Water Main 16 In. Diam. 2-02 Remove F�cisting Hydrant Assembly 2-02 Remove Existing Blowoff Assembly 7-09 Removal and Replacement of Unsuitable Materials 7-09 G. 50 Ductile Iron Pipe for Water Main 12 In. Diam. 7-09 CI. 50 Ducdle Iron Pipe for Water Main 16 In. Diam. 7-09 Additional Cast Iron Fittings 7-12 Gate Valve 12 In. 7-12 Adjust Water Valve Box 7-15 Renew Service Connectlon 1 In. Diam. 7-14 Hydrant Assembly 7-14 Resetting F�cisting Hydrant 7-10 Resolution of Utility Conflicts 7-SO Utility Potholing 1 1 240 9 1 300 60 2 1 25 285 65 1,000 1 16 5 1 1 1 1 LS $10,634.50 LS $2,800.00 HR $48.00 EA $500.00 LS $5,000.00 LF $13.50 LF $60.00 Ep, $2,500.00 EA $1,500.00 Clf $50.00 � $75.00 LF $130.00 Lbs $3.00 EA $3,500.00 EA $300.00 EA $2,006.00, EA $5,000.00 EA $1,000.00 FA $5,000.00 FA $5,000.00 SUBTOTAL SCHEDULE B SALES TAX AT 9.5% TOTAL SCHEDULE 8 $10;634.50 $2,800.00 $4,050.00 $1,250.00 $3,500.00 ;116,979.50 �11,113.05 151 SOUTH 348TH STREET AT 1ST AVENUE SOUTH RBB NO. 10-101 BID SCHEDULE B- WATER AND SANITARY SEWER (Total Estimated Construction Cost without 12" pipe replacement) 2001 1-09 Mobilization 2002 1-10 Project Temporary Traffic Control 2003 1-10 Flaggers and Spotters 2004 7-05 Adjust Manhole 2005 7-09 Trench Safety System 2007 Z�Z Remove Existing Asbestos Cement Water Main 16 In. Diam. 2008 2-02 Remove Existing Hydrant Assembiy 2009 2-02 Remove Existing Blowoff Assembly 2010 7-09 Removai and Repiacement of Unsuitable Materials 2012 7-09 CI. 50 Ductile Iron Pipe for Water Main 16 In. Diam. 2013 7-09 Additional Cast Iron Fittings 2015 7-12 Adjust Water Valve Box 2016 7-15 Renew Service Connection 1 In. Diam. 2017 7-14 Hydrant Assembly 2018 7-14 Resetting Existing Hydrant 2019 7-10 Resolutton of Udlity Conflicts 2020 7-SO Utility Potholing Items for 12" Ptpe replacement 1 LS 1 LS 240 HR 9 EA 1 LS 60 LF 2 EA 1 EA 25 CY 65 LF 1,000 Lbs $7,742.00 $500.00 $5,000.00 $2,500.00 $1,500.00 $3.00 16 EA $3uu.wl 5 EA $2,000.00 1 EA $5,000.00 1 Eq $1,000.00 1 FA $5,000.00 1 fA �5,000.00 SUBTOTALSCHEDULE B SALES TAX AT 9.5% TOTAL SCHEDULE B $� $4,500.00 $5,000.00 $5,000.00 $1,500.00 $8,450.00 $3,000.00 $10,000.00 $5,000.00 $8,090.39 �93,252.39 152 COUNCIL MEETING DATE: February 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGEN BILL MEETING DATE February 1 , 2010 SUB,TECT: S 348 Street at l Avenue S Intersection Improvements — Puget Sound Energy Letter of Understanding for Gas Main Pipe Removal and Adjustment of PSE Gas Valves/Wire Boxes. POLICY QUESTION Should the Council authorize the City Manager to execute the Letter of Understanding between the City of Federal Way and Puget sound Energy for the S 348`�' Street at ls` Avenue S Intersection Improvements Proi ect? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business STAFF REPORT BY: Marwan Salloum, P.E. Attachments: ITEM #• ❑ Ordinance ❑ ❑ Resolution ❑ Deputv Public Works Director F Public Hearing Other : Public Works 1. Land Use and Transportation Committee memorandum dated February 1, 2010. 2. Letter of Understanding with Puget Sound Energy. Options Considered: 1. Authorize the City Manager to execute the Letter of Understanding between the City of Federal Way and Puget Sound Energy for the S 348�' Street at l Avenue S Intersection Improvements Project. 2. Do not authorize the City Manager to execute the Letter of Understanding between the City of Federal Way and Puget Sound Energy for the S 348 Street at l Avenue S Intersection Improvements Project and nrovide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the February 16, 2010 City Council Consent Agenda for approval. (� CITY MANAGER APPROVAL: ,� I'� � DIRECTOR APPROVAL: � Committee Council �ttee Council COMMITTEE RECOMMENDATIOK: Forward Option 1 to the February 16, 2010 Council Consent Agenda for approvaL Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION "I move to authorize the City Manager to execute the Letter of Understanding between the City of Federal Way and Puget Sound Energy for the S 348` Street at I Avenue S Intersection Improvements Project. " (BELOW TO BE COMPLETED BY CITYCLBRKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED � �d ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/O6/2006 1 �j3 RESOLUTIOIV # CITY OF FEDERAL WAY MEMORANDUM DATE: February 1, 2010 TO: Land Use and Transportation Committee VIA: Brian Wilson, City Manager FROM• Marwan Salloum, P.E., Deputy Public Works Director ' John Mulkey, P.E., Street Systems Project Engineer �� S 348`" Street at 1 s` Avenue S Intersection Improvement Project- Puget Sound Energy Letter of SUBJECT: Understanding for Gas Main Pipe Removal and Adjustment of PSE Gas valves/Wire Boxes to Grade. BACKGROUND Puget Sound Energy (PSE) requested the City to develop a letter of understanding for the City to remove two abandoned sections of gas main and adjust gas valves and wire boxes to grade after completion of paving in the area of this project in an effort to reduce both cost and extended public disruption of the area. A copy of the proposed agreement is attached to this memo. The estimated cost of to PSE through this letter of understanding is $8,909.60 and includes the cost for bidding document incorporation, construction, construction management and project administration. Actual construction costs incurred will be used to calculate the final cost of PSE's reimbursement to the City. K:\LUTC�2010\02-01-10 S 348th at lst - PSE Letter of Understanding.7o4c After recording, return to: City of Federal Way 33325 8"' Avenue S Federal Way, WA 98003 Attn: John Mulkey LETTER OF UNDERSTANDING BETWEEN THE CITY OF FEDERAL WAY AND PUGET SOUND ENERGY FOR THE SOUTH 348 STREET AT 1 AVENUE SOUTH INTERSECTION IMPROVEMENTS PROJECT THIS LETTER OF UNDERSTANDING (this "LOU") is made and entered into this day of , 2010, by and between the City of Federal Way (hereinafter "City") and Puget Sound Energy (hereinafter "PSE"), collectively referred to herein as the "Parties". WHEREAS, the City proposes to proceed with the South 348"' Street at 1 Avenue South Intersection Improvement Project (hereinafter "Project"); and WHEREAS, PSE with Franchise 93-189, regulations; and provides gas service in the general area of the Project in accordance applicable Washington State and City of Federal Way laws, and WHEREAS, in connection with the roadway improvements being undertaken by the City, PSE will be required to relocate certain gas mains in conflict with project facilities within the Project area; and WHEREAS, PSE can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for PSE as described in Exhibit A, including letting a public works construction contract for the removal of the obsolete gas mains in conflict with the Project and adjustment of PSE gas valves/wire boxes to grade (hereinafter "PSE Work"), providing construction management services, and providing Project administration in support thereof; NOW, THEREFORE, it is hereby agreed by and between the Parties hereto as follows: GAS MAIN RELOCATION. South 348"' Street at 1�` Avenue South Page 1 2010 155 PSE agrees that its design contractor, Pilchuck, Inc., shall perform predesign/design and construction work for the relocation of its facilities that are in conflict with Project facilities. PSE shall provide the City all drawings necessary to acquire a right of way permit and relocate its gas mains out of the conflict zones. PSE shall provide as-constructed record drawings of both the relocated mains and the obsolete mains within 60 days of completion of PSE Work. PSE shall provide preliminary location data within one week of Agreement execution. The record drawings shall show the vertical and horizontal location of the relocated and obsolete facilities within the Project area using a minimum scale of one inch equals one hundred feet (1" = 100'), measured from the centerline of the right of way, of a form which shall be acceptable to the City. II. PRECONSTRUCTION ESTIMATE. Exhibit A is a good faith project cost estimate for PSE's share of Gas Main Removal Work. Costs are based on an engineer's estimate provided by the City's design consultant, Parametrix, Inc. Exhibit B is a good faith total project cost based on an estimate of PSE's share of project administrative costs. III. BIDDING AND CONSTRUCTION. A. It is the intention of the City and PSE that PSE records of the obsolete mains shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow identification of the PSE Work to be performed on behalf of, and billed to PSE. IV. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the performance of the PSE Work. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. PSE grants to the City Director of Parks, Public Works, and Emergency Management and/or his or her designee authority to perform the PSE Work in accordance with the provisions of this Letter of Understanding. B. PSE shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the PSE Work, which changes shall be made, if feasible. Th� City shall notify PSE, in writing, of any changes required of the PSE Work and shall obtain PSE's approval of such changes. PSE's approval shall not be unreasonably withheld. PSE shall be responsible for all costs incurred by the City, directly or indirectly, as a result of changes to the PSE Work that are requested or approved in writing by PSE. V. PAYMENT. A. PSE shall reimburse the City for all costs incurred by the City in performing the PSE Work, which costs shall include but are not limited to the PSE Work performed by the Project contractor(s), all PSE requested changes, and PSE's cost ofi the City services described in Paragraph III (a) herein, all as more particularly described in Exhibit A. South 348 Street at 1�` Avenue South Page 2 2010 156 B. Ail payments shall be due from PSE to the City within thirty (30) days after approval by the PSE's Municipal Liaison Manager or his/her designee of said sums billed to PSE. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. Vi. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold PSE, its officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this LOU to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this LOU. B. PSE agrees to indemnify and hold the City, its elected officials, offcers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this LOU to the extent caused by the negligent acts, errors or omissions of PSE, its agents or employees, or by PSE's breach of this LOU. The provisions of this paragraph shall survive the expiration or termination of this LOU with respect to any event occurring prior to such expiration or termination. VII. DURATION. This LOU shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and PSE. Adherence to deadline dates is essential to the perFormance of this LOU. VIII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. B. Upon completion of the construction and City's acceptance of the Project as fully constructed according to plans, specifications and change orders, the City shall provide a final invoice to PSE for any final payment due. C. PSE shall be required to obtain a Right of Way Permit to install new gas mains. South 348' Street at 1 Avenue South Page 3 2010 157 D. This LOU contains the entire agreement of the City and PSE, and supersedes all prior discussions between them, with regard to the City's performance of the PSE Work. For the avoidance of doubt, nothing in this Agreement will alter, amend or supersede any franchise or other written agreement between the City and PSE; rather, the same will remain in full force and effect in accordance with their respective terms. This Agreement may be amended only in writing, signed by both Parties. E. Any provision of this LOU, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this LOU. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY Brian Wilson, City Manager/Police Chief 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 (253) 835-2401 PUGET SOUND ENERGY Doug Corbin, Municipal Liaison Manager 6905 South 228th Street SKC-SVC Kent, WA 98032 (253) 395-6867 APPROVED AS TO FORM: Patricia A. Richardson, City Attorney ATTEST: Carol McNeilly, CMC, City Clerk South 348� Street at 1� Avenue South Page 4 2010 158 Exhibit A Estimated Costs South 348 Street at 1 Avenue South Intersection Improvements Project ESTIMATED CONSTRUCTION, PROJECT ADMIN/STRATION AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUD/NG PUGET SOUND ENERGY GAS OBSOLETE UT/LITY REMOVAL AND VALVE COVER ADJUSTMENTS Estimated Design Cost (Parametrix, Inc.) $600.00 Construction Item Mobilization* Traffic Control Supervisor** Flaggers and Spotters Other Temporary Traffic Control*" Adjust Gas Valve/Wire box Remove Gas Main*"" Construction Subtotal 10% Construction Contingency 12.5% Construction Management Estimated Construction Total Quantity 1* 0.1 % 8 0.1 % 4 425 Estimated Project Total (Design + Construction) 5% Project administration Project Total Unit % % HR LS EA LF Total $382.50 $14.50 $360.00 $30.00 $1,400.00 4 250.00 $6,437.00 $643.70 $804.63 $7,885.33 $8,485.33 $424.27 $8,909.60 NOTES 'Mobilization =(Project Mob X(Gas Main Removal and Disposal Bid CosUProject Bid Cost - Mob)) "" Percentage for Items based on proportion the item remaining project costs *"*Remove Gas Main includes excavation, removal and disposal of pipe. Costs presented are estimates only. Actual field measured quantities and unit bid prices of contract awarded to lowest responsive responsible bidder will be used to calculate final cost of Puget Sound Energy's reimbursement to the City. K:ISTREETSIPROJECTSIS348th Stat 1stAve SlDesignlUtilitieslPSElLetterofUnderstanding 1 South 348 Street at 1 Avenue South Page 5 159 ' Unit Price $192,349.00 $14, 500.00 $45.00 $30, 000.00 $350.00 $10.00 2010