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LUTC PKT 03-01-2010City of Federal Way City Council Land Use/Transportation Committee City Hall Council Chambers March 1, 2010 5:30 .m. MEETING AGENDA (Electronic) 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/Descciption A. Approval of Minutes: February 22, 2010 B. 2010 Asphalt Overlay Program — Bid Award C. C E. F G. Resolution for Grant Funding for Transportation Improvement Projects — I-5 at S 320 Street Off Ramp Local Agency Agreement with WSDOT for Design of I-5 at S 320"' Street Off Ramp Proposed text amendment to FWRC — Accessory Dwelling Unit (ADU) Size Calculation, Minimum Lot Size and Housekeeping Amendments Proposed Text Amendment to FWRC — Appraisal Requirements Proposed Text Amendment to FWRC — Short Subdivision Notice H. 2010 Comprehensive Plan Amendments Selection I. 2010 Planning Commission Work Program Action Council Date Presenter Page or Info Time LeMaster 2 Action N/A 5 min. Huynh 4 Action 3/16/2010 5 min. Roberts 10 Action Roberts 15 Action Herrera 61 Action Herrera 89 Action Herrera 129 Action Clark 150 Action Clark 170 Action Consent 3/16/2010 5 min. Consent 3/16/2010 5 min. Consent 3/16/2010 5 min. Ordinance 1� Reading 3/16/2010 5 min. Ordinance 1� Reading 3/16/2010 5 min. Ordinance 1� Reading 3/16/2010 15 Public Hearing min. 3/16/2010 15 Consent min. 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next regularly scheduled meeting will be Monday, March 15, 2010. 6. ADJOURN Committee Members �� �� Dini Dudos, Chair Cary M. Roe, P.E., Director ofParks, Pub/ic Works and Emerr�en�y Management Jim Ferrell, Member Darlene LeMaster, Administr�atrve Asslsbnt II .lack Dbvey, Member 253-835-2701 City of Federal Way City Council Land Use/Transportation Committee February 22, 2010 City Hall 5:30 PM City Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Dini Duclos and Committee Members Jim Ferrell and Jack Dovey . present. Council Members in Attendance: Council Member Jeanne Burbidge 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, Senior Transportation Planning Engineer Sarady Long and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Co�mittee Chair Duclos called the meeting to order at 5:30 PM. 2. PUBLIC COMMENT There was no public comment: 3. BUSINESS ITEMS Forwsrd Topic Title/Description to Council A. Approval of the February 1, 2010 LUTC Minutes Committee approved February 1, 2010 LUTC minutes as presented. Moved: Ferrell Seconded: Dovey Passed: Unanimously, 3-0 B. Transportation Level of Service Study Session Rick Perez presented information on this item. Committee Member povey asked if Council's decision to remove three projects off of the TIP last year has influenced the need to revisit the level of service discussion. Committee Member povey stated that believes that since those projects were removed from the TIP, Council members may have rethought their original vote. That being said, if the items were to be put back on the TIP, could the present conversation be avoided? Committee Member Ferrell said that what had been his opposing vote last year has been changed to a vote in favor of retaining the three projects in question. Chair Duclos stated that her opinion has not changed. She is not in favor or these three projects as they would result in roadways that are much too wide and not conducive to pedestrians. Mr. Perez responded that pedestrian safety and comfort have been a huge factor in considering possible solurions. Staff does not wish to widen the road, but are concemed about maintaining the adopted level of service. Mr. Perez stated staff is requesting direction from Council and wanted to also note that the options under consideration are optimal because they do not widen the road but maintain the current level of service standazd. N/A 3/2/2010 Business Mr. Perez reiterated during his presentation that the traffic models showing capacity are for the year 2035 and include the forecasted gro�th as stated in the Comprehensive Plan. The Land Use/T'ransportation Committee Page 2 February 22, 2010 models assume the implementation of all mass transit, including the extension of the light rail to Federal Way. Chair Duclos inquired how to educate the public. Mr. Perez answered that statistically, there is an educational factor of approximately one year. Once the concept of "Michigan Left" is operational, accident statistics may increase for about one year while the public becomes educated on the new concept. After one year, statistics drop considerably (estimates 50-70%). Mr. Perez says these results are very similar to roundabouts. However, in the locations that are being considered and that are over capacity, roundabouts would not be a viable option. Mr. Perez showed the comparison of each location, considering daily volume, costs to widen existing roadways, costs to construct roundabouts or Michigan Lefts, and factoring in right of way acquisition. In both subject locations, Michigan Lefts had the least cost, required the least amount of right of way and maintained the exisring roadway width. The additional benefits would be added safety in the intersection with no left turns and safer condirions at pedestrian crossings. Committee member povey asked if there is any long term effect on the take of right of way for future development. Director Roe commented that fewer parcels would be impacted; however those parcels that were impacted may see larger takes of right of way. The Committee and Council members concurred that the concept of "Michigan Left" needs to be presented to the full Council. Each Council member needs to have a complete understanding and clarity of the concept. Committee forwarded Option #2 to the March 2, 2010 City Council Business Agenda and requested a condensed presentation to the full City Council. Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0 4. OTHER None. 5. FUTURE MEETING The next regular LUTC meeting will be Monday, March 1, 2010 at 5:30 PM in City Council Chambers. 6. ADJOURN The meeting adjourned at 6:14 PM. Attest: COMMITTEE APPROVAL: Darlene LeMaster, Administrative Assistant II Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Member G:U.UTC�LU'fC Agendas and Summaries 2010�2-22-10 Minutes.doc 3 COUNCIL MEETING DATE: March 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL ITEM #: AGENDA BILL Sus.�CT: 2010 Asphalt Overlay Project Bid Award POLICY QUESTION Should the Council award the 2010 Asphalt Overlay Project to the lowest responsive, responsible bidder� COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE March 1, 2010 ❑ 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 March 1, 2010. O_ptions Considered: _._._..._...._._..—__._�_..—_...-.------.__._._-.--.-------......-.---.._.__...._._..___._.--.--___-----__....—....._._ l. Award all Schedules of the 2010 Asphalt Overlay Project to Miles Resources, LLC, the lowest responsive, responsible bidder, in the amount of $1,782,321.20 and approve a 10% contingency of $178,232.00, for a total of $1,960,553.20, and authorize the City Manager to execute the contract. 2. Reject all bids for the 2010 Asphalt Overlay Project and direct staff to rebid the project and return to Committee for further action. 3. Do not award the 2010 Asphalt Overlay Project to the lowest responsive, responsible bidder and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the March 16, 2010 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: �„f�Fn a 01 w� DIRECTOR APPROVAL: L� Committee Council Committee Council COMMITTEE RECOMMENDATION Place Option 1 on the March 16, 2010 Council Consent Agenda for approval. Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION "I move to award adl Schedudes of the 2010 Asphalt Overlay Project to Miles Resources, LLC, the lowest responsive, responsible bidder, in the amount of $1,782,321.20 and approve a 10% contingency of $178,232.00, for a total of $1,960,553.20, and authorize the City Manager to execute the contract. " (BELOW TO BE COMPLETED BY CITY CLERXS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DE1vIED 1� reading ❑ TABLED/DEF'ERRED/NO ACTION Enactment readiog ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: March l, 2010 Land Use and Transportation Committee Brian Wilson, City Manager Jeff Huynh, Street Systems Engineer ��� Marwan Salloum, P.E., Deputy Public Works Director 2010 Asphalt Overlay Project - Bid Award BACKGROUND: Five bids were received and opened on February 17, 2010 for the 2010 Asphalt Overlay Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Miles Resources, LLC, dba Woodworh and Company, with a total bid of $1,782,321.20. AVAILABLE FUNDING: The budget for the 2010 Asphalt Overlay Project is $2,279,646 and is comprised of the following: 2010 Proposed Overlay Budget 2009-2010 mid-biennium budget adjustments 2010 Structures Budget 2009 Carry Forward Total Funding Available $1,400,000 $500,000 $146,267 $233,379 $2,279,646 ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project construction costs based on the low bid: Schedule Description A 1 st Way South —S 338th to S 344th Street B S 31'7th Street — 23rd to 28th Ave C Milton Road (S 369th to City limit) D 23rd Ave — S 319th to S 322nd Street E S 320th Street — l lth Ave to 8th Ave F S 320th Street — 8th Ave to 6th Ave G H Marine View Estate SW 296 Street ESTIMATED SUBTOTAL CONSTRUCTTON PROJECT COSTS: 10% Construction Contingency Pavement Management System In-house Design Construction Administration City's Administrative Fee Printing and Advertising ESTIMATED TOTAL PROGRAM COST: BALANCE Amount $335,564 $179,304 $287,366 $202,698 $212,292 $163,171 $265,511 $136,416 $1,782,322 $178,232 $40,000 $63,000 $115,000 $72,000 $3,500 $2,254,054 $ 25,592 5 cc: Project File k:\Iutc�2010\03-01-10 2010 asphalt overlay project- bid award.doc aFe r�o. ia�os ID OPENNG DATE FEBRUI Vendor Name •-> MBes Resowces, LLC � Tucci 6 Sons, Inc. 541.00 534,0£ $41.00 54,8s 561.75 S7,9L ss,000.ao ss,a 50.01 51 3s.ao Sa: So.SO S1e Z12.00 S1,3f $2.80 543,&. 562.30 $149,5'e s+so.00 a,s,oa i62.30 $3,11 s+oo.00 aec 5400.00 $60 S3oo.00 a,,zc 00 52.40p.00 $4,80 52,420.00 $19,38 3525.00 S52 aa3.00 a2as $75.00 $3,75 5350.00 $70 Szo.00 a+s sa�o.00 Sa,�s $7.50 57.55 $50.00 S30 $25.00 S40 sa.ao a2a sz.00 a,,3a sa.00 a2.oe sso.00 a�,ea sai.00 s�a, $41.00 S2� SB1J5 S4, S3,000.00 S3, so.o� ss.00 a,, to.so s a,2.00 s�, $4.00 E13, 569.30 $80� s�so.00 s�+, $68.30 �3, $3.00 S5� $300.00 S $1,950.00 S7, ss2s.00 a�, 585.00 $1, $100.00 S2� ssso.00 s 520.00 5670.00 S4, $1.85 $9� sso.00 s sa.00 s gl.00 s $4.00 S Papa 7 of 4 ICON Materlals 541.00 394,030 $47.00� $4,920 $61.75 57,904 ss,000.ao as,o� so.o, ai i a�.00 ssso s0.60 5750 a�.� ss�a $2.86 544�587 567.00 5180,800 s2ao.00 Szo.000 $67.00 $3,350 sa�a.00 seao $470.00 $940 s3eo.00 a, ,360 57,825.00 $3,650 S1 �825.00 514.600 $500.00 S50D sa3.ao 3x,e3a $70.00 53.500� $480.W $820, 3zs.00 szoe, 3s�o.00 sa,s6o 52•00 S10,OM, $86.00 $396. 532.00 $512. 55.00 5255. 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Z465.00 $930. 5355.00 §1,420. 52025 $121. Pape 4 of 4 COUNCIL MEETING DATE: March 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBTECT: Grant Funding for Transportation Improvement Projects POLICY QUESTION Should the City Council approve the attached resolution as a precondition to enter into the Local Agency Agreement with WSDOT which will obligate the awarded federal STPUL grant funds for the I-5 South 320�' Street Southbound OffRamp improvement prolect? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE March 1 , 2010 ❑ Public Hearing ❑ Other STAFF REPORT BY: Marwan Salloum,. P.E _, Deputy Public Works Director___ DEPT Public Works Attachments: Memorandum to Land Use and Transportation Committee dated March 1, 2010. Options Considered: 1. Approve the attached resolution as a precondition to enter into the Local Agency Agreement with WSDOT which will obligate the federal STPUL grant funds for the I-5 South 320�' Street Southbound OffRamp improvement project. 2. Do not approve the attached resolution as a precondition to enter into the Local Agency A�reement with WSDOT which will obligate the federal STPUL grant fixnds for the I-5 South 320�' Street Southbound OfFRamp improvement project and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the March 16, 2010 City Council Consent Agenda for approvaL CITY MANAGER APPROVAL: Q, („/.�a.� �� a1�1viJ DIRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION Place Option 1 on the March 16, 2010 Council Consent Agenda for approval Dini Duclos, Chair Jack Dovey, Member Jim Ferrell, Member PROPOSED COUNCIL MOTION "I move to approve the attached resolution as a precondition to enter into the Local Agency Agreement with WSDOT which will obligate the federad STPUL grant funds for the I-S South 320`�' Street Southbound Off Ramp improvement project. " (BELOW TO BB COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1� reading ❑ TABLED/DEFERRED/NO ACTION Enactment resding ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 10 CITY OF FEDERAL WAY MEMORANDUM DATE: March 1, 2010 TO: Land Use and Transportation Committee VIA: Brian Wilson, City Manager/ Police Chief FROM• Brian Roberts, P.E., Street Systems Project Engin�. ' Marwan Salloum, P.E., Deputy Public Works Director SUBJECT: Grant Funding for Transportation Improvement Projects BACKGROUND: On August 4, 2009 the City Council authorized staff to accept $3,200,000 in STPUL grant funding for the I-5 South 320�' Street Southbound Off Ramp improvement project. The Council must now approve the attached resolution as a precondition to enter into the Local Agency Agreement with WSDOT which will obligate the grant funds. I-5 South 320 Street Southbound Off Ramp GRANT FiJNDING REQUIItED MATCH (Desi�n and Construction Phases) ■ 2010 STPUL (Federal) $3,200,000 $1,600,000 cc: Project File Day File 11 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING EXECUTION OF LOCAL AGENCY AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF TRANSPORTATION REGARDING THE IMPROVEMENT OF THE I-5 SOUTH 320 STREET SOUTHBOUND OFF-RAMP IN THE CITY OF FEDERAL WAY, WASHINGTON. WHEREAS, the City of Federal Way applied for STPUL Funds from the Puget Sound Regional Council for the purpose of design and construction of the I-5 South 320�` Street Southbound Off-Ramp; and WHEREAS, the Puget Sound Regional Council agrees to grant the City of Federal Way estimated federal funds in the amount of Three Million Two Hundred Thousand dollars ($3,200,000.00) provided that the City Council authorizes the City Manager to enter into a Local Agency Agreement with the Washington State Department of Transportation; and WHEREAS, by accepting said grant the City of Federal Way agrees to execute the Local Agency Agreement; and WHEREAS, by accepting said grant the City of Federal Way agrees to match the federal funds in an estimated amount of One Million Six Hundred Thousand dollars ($1,600,000.00), which has been budgeted in the City's 2009 housekeeping budget adjustment; Res. # , Page 1 12 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1 Execution of Acceptance of the Local A�ency A�reement. The City Manager or his designee is hereby authorized to execute the Local Agency Agreement regarding improvement of the I-5 South 320�' Street Southbound Off-Ramp in the City of Federal Way. Section 2. Receikt of Federal Funds. The City Manager or his designee is hereby authorized to receive the federal funds estimated to be Three Million Two Hundred Thousand dollars ($3,200,000.00). Section 3. Matchin� Funds Authorized. Pursuant to the terms of the Local Agency Agreement, the city commits approximately One Million Six Hundred Thousand dollars ($1,600,000.00), in matching funds. Section 4. Severabilitv. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Res. # , Page 2 13 Section 6. Effective Date This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of March, 2010. 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: RESOLUTION NO. Res. # , Page 3 14 COUNCIL MEETING DATE: March 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUB.�CT: I-5 South 320` Street Southbound Off Ramp Local Agency Agreement POLICY QUESTION Should the City Council authorize staff to sign the attached Local Agency Agreement with WSDOT which will allow WSDOT to design the I-5 South 320�' Street Southbound Off Ramp improvements and be reimbursed by the City� COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DA'rE: MarCh 1, 201 O ❑ Public Hearing ❑ Other STAFF REPORT BY: Brian Roberts, P.E., Street Systems Project __DEPT Public Works .___�__,� ---.....—._...._...,_._._._.�.� Attachments: Memorandum to Land Use and Transportation Committee dated March 1, 2010. Options Considered: 1. Authorize staff to sign the attached Local Agency Agreement with WSDOT which will allow WSDOT to design the I-5 South 320 Street Southbound Off Ramp improvements and be reimbursed by the City. 2. Do not authorize staff to sign the attached Local Agency Agreement with WSDOT which will allow WSDOT to design the I-5 South 320�' Street Southbound Off Ramp improvements and be reimbursed by the City and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the March 16, 2010 City Council Consent Agenda for approval. CITY MANAGER APPROVAL• ,�•�,.�� °�la` °���V DIRECTOR APPROVAL: __��'v 1 Committee Council Committee Council COMMITTEE RECOMMENDATION Place Option 1 on the March 16, 2010 Council Consent Agenda for approval. Dini Duclos, Chair Jack Dovey, Member Jim Ferrell, Member PROPOSED COUNCIL M01TON "I move to authorize staff to sign the attached Local Agency Agreement with WSDOT which will allow WSDOT to design the I-S South 320`" Street Southbound Off Ramp improvements and be reimbursed by the City. " (BELOW TO BE COMPLETED BY CITY CLERXS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 15 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: March 1, 2010 Land Use and Transportation Committee Brian Wilson, City Manager/ Police Chief Brian Roberts, P.E., Street Systems Project Engin� I-S South 320` Street Southbound O, f,�'Ramp Local Agency Agreement BACKGROUND: On August 4, 2009 the City Council authorized staff to accept $3,200,000 in STPUL gant funding for the I-5 South 320�' Street Southbound Off Ramp improvement project. The City has requested the Washington State Department of Transportation (WSDOT) to design the project. The Council must authorize staff to enter into the attached Local Agency Agreement with WSDOT in order for WSDOT to proceed with the design. cc: Project File Day File 16 � � WaShMgtOrt State �// Departmer�t of 7 ransportation Local Agency and Address Locai Ageney City of Federal Way Preliminary Engineering P.o. Box s��g Participating Agreement Federal Way, WA 98063-9718 Work by State - Actuai Cost Agreement Number GCA 6435 State Route Number Controi Section Number I-5 1727 Region Surety Bond Northwest Advance Payment Amount 94,285 Sedion ! Location I-5 South 320th Street Southbound Off-Ramp Attachments made a part of this agreement Exhibit "A" Estimate of Costs Exhibit °B" Description of Work Exf�ibit "C" Plan / Vicinity Map This AGREEMENT is made and entered into between the STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION (STATE) and the above named govemmental entity (LOCAL AGENCI�. WHEREAS, the LOCAL AGENCY has requested that the STATE perform certain worlc as described herein, and/or is responsible for a portion of the work as provided for under WAC 468-18-040(5)(d), and WHEREAS, the �OCAI. AGENCY is obligated for the cost of work described herein. NOW THEREFORE, by virtus of RCW 47.28.140 and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I GENERAL The STATE, as agent acting for and on behalf of the LOCAL AGENCY, agrees to perform the work as shawn in Exhibit "B• Description of Work. Plans, specifications and cost estimates shall be prepared by the STATE in accordance with the curcent State of Washington Standard Specifications for Road, Bridge, and Municipat Canstruction, and amendments thereto, and adopted design standards, unless othenwise noted. The LOCAL AGENCY agrees, upon satisfactory completion of the work involved, to deliver a letter of acxeptance to the STATE which shall include a release and waiver of all future claims or demands of any nature resulting ftom the performance of the work under this AGREEMENT. If a letter of acceptance is not received by the STATE within 90 days following completion of the work, the work will be considered accepted by the �OCAL AGENCY and sha�l release the STATE from all future claims and demands of any nature resulting from the performance of the woric under this AGREEMENT. The LOCAL AGENCY may withhold this acceptance of work by submitting written notification to the STATE within the 90-day period. This notification shall include the reaso�s for withholding the acceptance. PAYMENT The LOCAL AGENCY, in consideration of the faithful performance of the work to be done by the STATE, agrees to reimburse the STATE for the actual direct and related indirect cost of the work as shown in Exhibit "A" Es6mate of Cost. DOT Fam 224'�01 EF Pagerpf 3 Revised 2I10 Partial payments shall be made by the LOCAL. AGENCY, upon request of the STATE, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final audit, all required adjustments wiil be made and reflected in a final payment. The LOCAL AGEIVCY agrees to make payment for the work to be done by the STATE within thirty (30) days from receipt of billing from the STATE. The LOCAL AGENCY agrees that if payment for the work is not made within ninety (90) days after receipt of billment for the worlc as withhold any tax monies which the LOCAL AGENCY is entitled to receive from the Motor Vehide Fund until pay received by the STATE. If the LOCAL AGENCY is not entitled to receive Motor Vehicle Funds, a surety bond in the amount shown above written by a surety company authorized to do business in the state of Washington shall be fumished to the STATE prior to execution by the STATE of this agreement. The bond shali remain in force un61 written release by the STATE. Payment not made within thirty (30) days after receipt of bitlings shall be considered "Past Due° and bear interest at the rate of one percent per month or fraction thereof until paid pursuant to RCW 43.17.240. The LOCAL AGENCY agrees to pay the STATE the "Advance Payment Amount stated above within 20 days aRer the STATE submits its first partial payment request to the IOCAL AGENCY, when applicable. The advance payment represents approximately fifteen (15) percent of the estimate of cost and covers costs incurred by the STATE in the initial stages of the project. The advance payment will be carried throughout the life of the project with fi�al adjustment made in the final payment. III El(TRA WORK In the event urifareseen conditions require an increase in the cflst of 25 percent or more ftom ihat agreed to on Exhibit "A', this AGREEMENT wiN be modified by a supplement AGREEMENT covering said increase. In the event it is determined that any change from the description of work «�ntained in this AGREEMENT is required, approvat must be secured from the LOCAL AGENCY prior to the beginning of such v�rork• �Nhere the change is substantial, written approval must be secured. written modificat on � change o de oa extra work order approved by he LO AL AGENCY. Shall be limited to costs covered by a N RIGHT OF ENTRY The LOCAL AGENCY hereby graMs and �nveys to the STATE the right of en#ry upon all land which the LOCAL AGENCY has interest, within or adjacent to the right of way of the highway, for the purpose of pertortmn9 the preliminary engineering under this AGREEMENT. V LEGAL RELATfONS No liability shall attach to the STATE or the LOCAL AGENCY by reason of eriterin9 �nto this AGREEMENT except as e�ressly provided herein. DOT Pom► 2247ot EF Pag� � of 3 {tevised 2110 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the party's date signed last betow. LOCAL AGENCY By Name Title Date DOT Fortn 224701 EF ReWsed 2/10 STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By Name Russell S. East, P.E. Assist Regional Administrator SnoKing Titie Date Page 3.lf 3 N O 1 2 3 4 S 1 . i , • ' • ESTI�IIATED COST i • ' Haurs euc�et PROJECT MANAGEMENT � � . 886 $ 5s,5�t PRELIMtNARY ENGINEERINGiENV1RQNMENTAL�DOCUMENTATION 3�z7 � � .�sa,esa. FINAL DESIGNIPS�E . • 3776 $ 1az,4�z2 REVIEWS . � . �o3s � 5e,�o �� . � � - Drilling (Direct Cost} ; � . , � �. zs,000 SUB TOTAL . � . 9237 $ 501,25�0 94% Printing and Direct Project Suppo�t Redistribufion Charges �� � '� � 7Q;17s 109k Cor�tingency ' � ' $_ 57,143 PROJECT TOTAl. � � ' 9237 � 628,568 i . l�o Overhead will be charged per � Overhead Agreement OH 00029 � Applicable to this Agreement GCA 6�35 ; , . . ; . t . ' , + • . � � . + . � • . . � • . I . , � • . j • i . ' • GCA 6435 Exhibit A Estimate of Costs 0 0 EXHIBIT B GCA-6435 i-5 SOUTH 320TH ST SOUTHBOUND OFF-RAMP DESIGN DETAILED SCOPE OF WORK Prepared for: CiTY OF FEDERAL WAY Prepared by: Washington State Department of Transportation Exhibit B— Detailed Scope of Work GCA-6435 Page of 35 OVERVIEW During the term of this AGREEMENT, the STATE shall perform professional services for the City of Federal Way, including Design, Environmental Documentation, plans, specifications, and cost estimate (PS&E), in connection with the I-5 South 320�' Street Southbound Off-ramp widening project. 1. BACKGROUND The City of Federal Way received a federal grant for a project fo widen the Interstate 5 southbound off-ramp to South 320 Street to provide additional right and left-turn lanes. II. PROJECT DESCRIPTION The project widens the I-5lSouth 320�' Street Southbaund Off-ramp to provide additional right and left turn lanes. The project also includes modifying the existing signal system, providing stormwater treatment and detention, and reconstructing sidewalk ramps at the off-ramp intersection to meet accessibility criteria associated with the Americans with Disabilities Act of 1990 (ADA). III. SCOPE OF WORK The scope of work includes the following work elements: • Project Management • Preliminary Engineering/Environmental Documentation • Final Design/PS&E • Constructability and Final PS&E Ptan Reviews IV. GENERAL ASSUMPTIONS This scope of work assumes that: • National Environmental Policy Act (NEPA) requirements can be addressed by a Documented Categorical Exclusion (DCE) and that State Environmental Policy Act (SEPA) requirements can be addressed by a Categorical Exemption (CE). • No impacts to Critical Areas — Streams or Wetlands. • Cultural resources are not present within the project limits. • Biofogical Assessment will lead to a determination of "No Effect°. • Hazardous materials will not adversely impact the project. • Noise Study is not needed because the project is not a"Type 1" project with the potential to increase traffic noise levels. • The existing detention pond has additional capacity to detain runoff from the proposed pavement. • Drainage retrofit of existing pavement is not required. Exhibit B— Detailed Scope of Work GCA-6435 Page�� of 35 • Widening of South 320�' Street is not necessary. • Sidewalks and crosswalks meet the accessibility criteria identified in the Washington State Department of Transportation (WSDOT) Design Manual, Chapter 1510. • Public outreach is not required. • Additional right of way is not required. • Project will not be advertized until April 2011. Any change in these assumptions will require an agreement supplement. Exhibit B- Detailed Scope of Work GCA-6435 Page�� of 35 WORK ELEMENT 1.0 - PROJECT MANAGEMENT Profect Management Objective: Develop a process to define, develop, and de(iver a project on time and within budget and scope. Assumptions: The STATE Project Manager shall meet with the City of Federai Way Project Manager monthiy throughout the project. The STATE shail submit monthiy invoices. A written summary of project progress to- date, forecasted costs to complete the preliminary engineering, and those activities expected for the next month shall be submitted under separate cover. The written summary shall include narrative descriptions of the work performed and shall corralate with the invoice. Issues may arise that are beyond the provisions of this scope of work. These issues will be addressed following the protocoi and procedures outlined in the Change Management section and Risk Management section of the Project Management Plan. Project Management Plan (PMP) The STATE shall develop, update and maintain a Project Management Plan (PMP) for the duration of the p�oject. Elements of the PMP shall include, but not limited to: • Project Description • Team Organization • Schedule • Budget • Risk Management Plan • Communication Plan • Change Management Plan • QA/QC Plan, and • Project Team and State Management Endorsement Team Organization The STATE shall identify the team members and their respective roles, responsibilities, and operating guidelines. Exhibit B— Detaiied Scope of Work GCA-6435 Pag�� of 35 The STATE shaii be responsible for maintaining and updating the team organization as team members and project needs change over the course of the project development. Schedule WBS Refineme»f • The STATE shall develop the project Work Breakdown Structure (WBS) from the STATE Master Deliverables List and include it in the PMP. Schedule Deve/opment The STATE shall develop a baseline schedule based upon the WBS and Master Deliverables List developed above, with designations of critical path elements, miiestones, deliverables, internal & external reviews, dependency links, and known constraints. The STATE shall review, revise, and report on the schedule in the monthly meetings with the City of Federal Way. Budget The STATE shall be responsible for tracking and reporting Preliminary Engineering budget updates on a monthly basis to the City of Federal Way Project Manager. The STATE shall provide updated estimates of the Construction cost at 30%, 90%, and 100% constructability reviews. Risk Management Plan The STATE shall identify risks to maintaining scope, schedule, and budget, quantify the risks in terms of prabability of occurrence, and determine actions to respond to the risks in the form of a risk matrix in the PMP. The STATE shall review, revise, and report on the Risk Management Matrix at monthly City of Federal Way Project Update meetings. Communication Plan The STATE shall develop a specific communication plan for exchange of information within project team and with the City of Federal Way.. The Communications Plan shall describe internal and external communications protocols and procedures. The STATE shall be responsible for maintaining and updating the Communications Plan section of the PMP. Change Management Plan The STATE shall develop a Change Management Plan to be applied to this project. The plan will include the following elements to be utilized in managing changes: • Identify nature of change and cause (internal vs. extemal) • Analyze the effects of the change to scope, schedule, and budget Exhibit B— Detailed Scope of Work GCA-6435 Page�� of 35 • Develop a response/actionlmitigation plan strategy • Communicate J submit change management form and gain endorsement • lmplement change and monitor affects, and • Quantify hours and costs for identifying, coordinating and scoping change efforts The STATE shall develop a Change Management database in spreadsheet format that will be used to track each change that is identified, incorporating the elements listed above. The STATE shall maintain the Change Management spreadsheet and submit an updated spreadsheet to the City af Federal Way Project Manager on a monthly basis. Quality AssurancelQuality Control Program Development The STATE shall develop a 4uality Assurance/Quality Control (QA/QC) program for the project. The QA/QC plan shall identify rotes and respansibitities and procedures for checking design and PS&E work products. The QA/QC plan will include quality control checklists for each submittal (30%, 60%, 90%, 100%, and final PS&E). Endorsement The STATE shall submit the PMP to the City of Federal Way Project Manager for concurrence following endorsement by the Project Team and STATE Management. Deliverables: • One final printed copy of the Project Management Plan (PMP). • The Project Management Plan (PMP) shall be updated on a quarte�ly basis and with one updated copy submitted to the City of Federal Way Project Manager, each quarter. Project Management The STATE shall pravide project administration and management for the work for the duration of the project. For the purpose of budgeting, it is assumed that the project shall have a 15-month duration commencing April 2010 and being completed by June 2011. Scope Management The STATE shall actively manage and control scope. Out of scope and additional scope of work shall be communicated to the City of Federal Way as it is identified using the Change Management Plan. Out of scope and additional scope of work shall not be performed until authorization is received from the City of Federal Way. Exhibit B— Detailed Scope of Work GCA-6435 Pag��S of 35 Schedule Management The STATE shall actively manage, update and control schedule The STATE shali monitor and modify the Project Schedule on a monthly basis or as needed to determine potentia( impacts of proposed changes. The STATE shall adjust the durations, predecessor relationships, constraints, linkages, deliverable descriptions and dates, reviews, percent completes, milestones, critical path, and task completion dates to reffect the current status of the project and the revisions made to the work breakdown structure. The schedule shall be updated once a month and after minor changes occur and immediately when any significant change occur that impact the project schedule. Budget Management The STATE shall actively manage, update and control budget The STATE shall monitor the preliminary engineering budget and repo�t to the City of Federal Way Project Manager on all the expenditures. The STATE shall monitor the planned monthly expenditures ve�sus actual rate of expenditure for each work element, and identify trends for reporting purposes. Corrective actions, if necessary, will be implemented per the applicable provisions of the PMP Change Management Plan. The STATE shall prepare and review monthly reports and complete monthly Job Progress reports and track and make adjustments to the budgets to reflect the actual status. Communicate The STATE shall conduct ongoing, proactive, responsive communications with the City of Federal Way staff involved in the direction and execution of the project. The STATE shall attend monthly project update meetings. The STATE shall prepare and submit a monthly progress report that will include identification of work performed in the previous month's schedule, measures for mitigating schedule slippage and identification and discussion of potential problems that may arise. The STATE shall be responsible for following the communications protocol outfined in the PMP Communication Plan. Change Management The STATE, in coordination with the City of Federal Way, shall implement the change management plan in the following manner to limit the influence of change to project scope, budget, and schedule: 1. Identify, Analyze & Develop Change Stra#egies. Orchestrate the Change Management Plan by logging, tracking, and communicating with the City of Federal Way Project Manager any potential changes identified from any source. 2. Identify & Analyze Risk of Change. Identify and analyze the likelihood of the potential change introducing risk into the project. Characterize the risk to the extent possible and outline control measures for minimizing its negative effects. Exhibit B— Detailed Scope of Work GCA-6435 Pag��' of 35 3. Change Authorization. Communicate the proposed strategy{s) to resolve the change and make appropriate revisions as necessary to gain endorsement for the change. Obtain change authorization from the City of Federal Way Project Manager. 4. Work Plan Revisions. Prior to undertaking the work as a result of the change, revise the project work plan to avoid misunderstandings, discontent, and poor project performance. Monitor the implementation of the change using the standard project tools and techniques. The STATE shall also administer the Change Management Plan adopted for the project and be responsible for updating and maintaining the plan on a monthly basis. Review, Update, and Report Status of Work Plan The STATE shall produce monthly progress reports, budget status and schedule updates. These will be submitted to the City of Federal Way by the 15th day of the following month. Quality Assurance/4uality Control Program Monitoring The STATE shall implement the processes desc�ibed in the Quality Control and Assurance Plan adopted for the PROJECT, as described in the PMP. The STATE shall con�rm that specific project results are being monitored by each technical specialty through Quality Control activities to determine if they are in compliance with the quality standards and, if not, that potential solutions to eliminate the cause(s) of unsatisfactory performance have been identified and implemented. The STATE shall facilitate the identification and assignment of appropriate senior reviewers for each technical specialty. The STATE shall confirrn that the current Quatity Control activities are clearly indicated in the Project Schedule. The STATE shall be responsible for checking and coordinating all drawings and specifications, design revisions and computations, estimates, and other design deliverables. Exhibit B- Detail d Scope of Work GCA-6435 Page of 35 WORK ELEMENT 2 - PRELIMINARY ENGINEERING/ENVIRONMENTAL DOCUMENTATION This work element speci�cally identifies the STATE's preliminary engineering and environmental documentation work effort necessary for the development of the Design Documentation File and Environmental Concu�rence. Effo�f associated with preparing, circulating, revising and finalizing the Design Documentation File are covered separately in work element Design Documentation. Project Summary The STATE shall complete the Project Summary per the STATE Design Manual. The Project Sumrnary shall consist of Project Definition, Design Decisions Summary and Environmental Review Summary. Project Definifion The STATE shall identify the purpose and need for the project and prepare the Project Definition Form stating the purpose and need for the project and identifying the solution for addressing the project need. Design Decisions Summary (DDS) The STATE shall prepare the DDS form per WSDOT Design Manual as an element of the Design Documentation Package. The DDS shall include existing and proposed project information, geometrics and traffic information, proposed pavement section, stormwater improvements, safety considerations, and list of deviations. Environmental Review Summary The STATE shall prepare the Environmental Review Summary identifying the potential environmental impacts and documentation/permits required for the project. Project Data The STATE shall collect survey data required to complete preliminary design (30%) and final design (60%, 90%, and 104% PS8�E) for the project. The STATE shall acquire utility as-builts and locate utilities by potholing as necessary to avoid conflicts during construction. Survey Data The STATE shall provide surveying as needed to support the development of the preliminary design and 30%, 60%, 90%, and 100% PS8�E. The surveying limits are the I-5 South 320 St Southbound Off-ramp and S4uth 320�' Street for 300 feet either side of the off-ramp terminal: • Horizonta! and vertical control Exhibit B— �eta�$d Scope of Work GCA-6435 Page S of 35 • Existing topography • Existing utilities • Existing drainage structures with invert elevations, grate elevations, and pipe size & course • Locate geofechnical investigation bareholes, test pits, etc. • Survey all state aquatic resources, as delineated by the STATE. • Existing right of way and private property corners / lines. • Township, Range and section lines. • Existing right of way The above tasks are further described in detail, as follows: The survey will be based on an existing horizontal and vertical controt network established throughout the Project corridor. This network is based upon the Washington Coordinate System, North Zone, 1983 (1991 Adjustment) for horizontal positioning and the North American Vertical Datum (NAVD) 1988 for elevation. Field survey topographic mapping will be conducted which will delineate surfiace and above ground improvements, including edge of pavement, face and top of retaining walls situated closest to the traveled way, landscape areas and trees, visible utilities and appurtenances situated within the defined project area, and spot elevations. Data will be gathered using a combination of traditional ground survey methods. The STATE shall be responsible for maintaining all control points/benchmarks until the project is awarded to the successfui construction contractor. Other field survey mapping features could include wetland delineation flagging as placed in the field by the STATE biologist, bore holes and/or test pits. Field surveys will be performed throughout the defined project area to locate curb inlets, catch basins, culverts, outfalls, detention structures, and sewer manholes and to obtain pipe invert elevations, materials, size, and connections to adjoining gravity flow structures as shown on provided as-built plans and physical site inspection. Sunrey of existing utilities shall be limited to surface or above ground features and appurtenances. The STATE shall prepare supplemental topographic base maps for specific areas identified by the design team showing all physical features visible on the ground surface and evidence of underground utilities. The mapping will also include utility information obtained from existing records, or from, potholing activities. Applications for permit to destroy a survey monument shall be prepared by the STATE and filed with the Washington Department of Natural Resources documenting the location of monuments which may be disturbed. It is assumed that no permanent monuments will be set by the STATE along the existing or proposed right-of-way, and no record of survey will be filed with the County. Exhibit B— Detailed Scope of Work GCA-6435 Page of 35 Deliverables: • Electronic file of ali suppiemental data surveyed in .dat and .srv format. • Electronic file in MicroStation showing break lines and points. • Electronic file in MicroStation showing the digital terrain model. • Electronic file of supplemental data surveyed used to create ground digital terrain model. • One hard copy of the survey field notes. • STATE shall provide a GPS report which will disclose survey control project summary, the project existing geodetic control, descriptions of the new control established, and the constrained and unconstrained GPS data and adjustments. As-Built Dafa Veri�ed The STATE shall verify all existing features within the STATE's right of way and collect supplemental information as required for design development of the project. The STATE shall perform this work by collecting existing highway construction and utility information, and through site reconnaissance: Basemap The STATE shall prepare a project basemap, with surveying data collected as a part of the Sunrey Data work element. A topographic map for the project area as defined above will be developed based upon ground field survey techniques. The STATE shall provide mapping in MicroStation. A digital terrain model (DTM) will be created from all the data points collected and used to generate the contours as referenced above. Line work cannecting common data points will be performed manuaNy within the DTM. Supplemental basemaps may be generated for selected areas and new DTMs will be created for these a�eas. Environmental Documentation The STATE shall prepare the environmental documentation and environmental permit applications required for environmental approvals. The City of Federal Way will take the lead for submitting the documents and permit applications to the resource agencies for approval. A SEPA environmental review is required. A NEPA environmental review is required. This scope of work assumes that federal NEPA requirements can be addressed by a DCE and that state SEPA requirements can be addressed by a CE. No NEPA environmental assessment or environmental impact statement is anticipated for this project. The Discipline Reports prepared for this action are anticipated to provide the Exhibit B— Detailed Scope of Work GCA-6435 Page ��f of 35 information needed for federal agency review, with minor revision to address specific agency comments. NEPAlSEPA Compliance Objecfive: To prepare documentation necessary for the City of Federal Way to obtain federai and state environmental approval of the project. Assumptions: The STATE shail prepare necessary analysis to acquire federal and state approval of the project footprint. The analysis witl not address Contracto� Staging or Storage Areas or areas associa#ed with Project Access or Material Sources. The analysis is expected to include a biological assessment, wetland inventory, cultural resource study, hazardous materials, and air quality study. It is assumed that no wetlands or cultural resources will be impacted. It is also assumed that the biological assessment will lead to a determination of "No Effect" and that hazardous mate�ials will not adversely affect the project. This scope of work also assumes that federal NEPA requirements can be addressed by a DCE. No NEPA environmental assessment or environmental impact statement is anticipated for this project. The Discipline Reports prepared for this action are anticipated to provide information needed for federal agency review, with minor revision to address specific agency comments. Approach: The STATE shall prepare environmental documentation to satisfy both state and federal guidelines. The following approvals are anticipated: • NEPA • Endangered Species Act • Wetlands Inventory • National Historic Preservation Act — Section 106 • SEPA NEPA — Documented Categorical Exclusion (DCE) Assumption: A NEPA DCE is presumed. Preparation of an EA or EIS will require �evision of this scope and budget. Exhibit B— Detailed Scope of Work GCA-6435 Page of 35 Approach: The STATE shali prepare a NEPA DCE for the City of Federal Way's use in obtaining approval by the federai lead agency. The NEPA DCE includes compietion of Environmental Classification Summary (ECS) documentation, packaging of discipline repo�ts and studies for approval. SEPA Categorical Exemption (CE) Assumptions: The City af Federal Way is the tead agency for SEPA and this proposal fits under WAC 197-11-800(2) c a Categorical Exemption. A SEPA Checklist with a Determination of Non-Significance (ONS) is not necessary for this proposal. There are no impacts triggering a SEPA Checklist, DNS or EIS. Preparation of a SEPA Checklist with DNS or EtS will require a revision of this scope and budget. Approach: The STATE shaH document the SEPA Categorical Exemption within the ECS NEPA documentation. Deliverable: � Final NEPA ECS for the City of Federal Way's use in obtaining approval by the federal lead agency with SEPA CE identified. Discipline Report — Wet/ands Wetland Inventory Report Based on our current understanding of the proposed project design and a review of � National Wetland Inventory and soils maps of the project site, it is anticipated that any wetlands or sensitive areas that may exist in the project vicinity will not be affected by the proposed project. Therefore it is presumed that a Wetland Inventory Report will be adequate for compliance with state and loca! wetlands regulations. Should the analys'rs of the project design in relation to environmental conditions indicate a potential impact to any wetland, a Wetland and Stream Assessment Report may be required. In this event, a scope amendment would be required befo�e proceeding. Assumptions: • Wetlands within 100 feet of the edge of pavement of the road or proposed widening will be delineated. These areas will be documented in a report figure and design drawings. • Changes to federal wetland regulations will not resuft in additional work required to prepare the wetland report. Deliverable: • Wetland Inventory Report. Exhibit B- Detai d Scope of Work GCA 6435 Page �� of 35 Discipline Report — Biology No Effect Letter Based on our current understanding of the proposed project design and aerial photographs of the project site, it is anticipated that any listed or proposed threatened or endangered species that may exist in the project vicinity will not be affected by the proposed project. Therefore it is presumed that a No Effect Letter will be adequate for federal compliance with Section 7 of the Endangered Species Act. Should the analysis of the project design in relation to environmental conditions indicate a potential impact to any listed species, a Biological AssessmenUBiological Evaluation may be required. In this event, a scope amendment would be required before proceeding. Assumption: • Design analysis will be based on one build alternative. Deliverable: • No Effect Letter. Discipline Report - Air Ai� Quality Discipline Report Checklist Assumption: The report assumes a hot-spot modeling for the I-51South 320`� Southbound Ramp Intersection as wetl as a Regional Air Quality Conformity Determination Approach: The project is located within the Carbon Monoxide Maintenance Area and will require an Air Quality Report. The Analyst shall perform an intersection screening, utilizing LOS for all intersections within the Carbon Monoxide Maintenance Area for: • Existing year (2010) • Year of Opening (2012}, Build and No-Build • Horizon Year (2030), Build and No-Build If an intersection within the Maintenance Area is found to be LOS D or worse, then the STATE shall perform air quality modeling for that intersection. Deliverable: • Final Air Quality Technical Memo Exhibit B— Deta�led Scope of Work GCA-6435 Page '�4 of 35 Discipline Reports - Noise Assumptions: A noise study is not required because the project is not a"Type 1" project with the potential to increase tra�c noise ievels. This is based on the assumption that the ramp improvements will not more than half the distance to the nearest receiver. Discipline Reports - Hazardous Materials Assumption: It is assumed that hazardous materials evaluation will be performed and that the evaluation will conclude that hazardous materials will not adversely affect the project. Defiverable: • Hazardous Materials Evaluation Memorandum Discipline Reports - Historic, Cultural, and Archaeologicat Resources The STATE reviews all projects, regardless of funding source for Section 106 Compliance pursuant to a Programmatic Agreement on Section 106 Compliance with FHWA and the State Historic Preservation C�fficer (SHPO). Even if there is no federal funding and no federal permits are required, the STATE must complete the Section 106 compliance procedure prior to federal permit approval. All projects with a federal nexus are subject to Section 106 of the National Historic Preservation Act, which requires federal agencies to take into account the effect of their actions an properties listed, or eligible for listing, on the National Register of Historic Places (NRHP}. Cultural Resources Discipline Repart The STATE shall identify whether any cultural resources exist within the projecYs area of potential effects (APE) and make determinations regarding any resource's eligibility and project effect. Archaeological Resources Discipline Report Assumption: There are no cultural resources within the project limits. Approach: The STATE shall coordinate with the SHPO, and affected Indian Tribes to determine the APE and collect existing information from: • Department of Archaeology and Historic Preservation (DAHP) • Tribes • Local sources • Field survey Exhibit B— Detailed Scope of Work GCA-6435 Page � of 35 Deliverable: • Archaeological Resources Discipfine Report Section 106 Assumpfion: Project will meet the exemption criteria for Section 106 per the Programmatic Agreement. Section 106 Consulfation The Cultural Resources Discipline Report will provide the substantive basis for consultation. It is presumed that there will not be impacts and a Memorandum of Agreement will not be required. Section 106 Comptiance Preparation of the Cultural Resources Discipline Reports, above, will be coordinated and receive SHPO concurrence in accordance with the STATE procedures. Memorandum of Agreement It is presumed that there will not be impacts and a Memorandum of Agreement will not be required. Discipline Reports — Visual Impaats, Light and Gfare There are no anticipated impacts triggering environmenta! reports in this area. Environmenta! Documenfafion CompJete MAJOR MILESTONE - All environmental documentation complete. Environmental Permits The STATE shall prepare environmental permit applications for the City of Federat Way's use in obtaining permits. The City of Federal Way shall submit the permit applications to the applicable resource agencies. Assumptions: • Less than one acre of land disturbed; no National Pollutant Discharge Etimination System (NPDES) Construction Storwater General permit needed. • City of Federal Way night work variance needed. • Local noise variance/exemptions are needed from City af Federal Way and King County. Exhibit B— Deta�l d Scope of Work GCA-6435 Page � of 35 Construction and maintenance activities during nighttime hours will require a variance from local noise ordinances. Daytime noise from construction is usually exempt. Responsible Agency: City of Federal Way and King County. Approach: The STATE will coordinate with the City of Federal Way and King County staff when project is sufficiently defined to determine whether non-exempt construction times are likely to be needed and establish the appropriate permit type as well as likely conditions or parameters of approval. Deliverable: • Noise Variance Permit application for the City of Federal Way's use in obtaining a noise variance. • Night Work Variance application for the City of Federal Way's use in obtaining a Night Work Variance. Permit and Agreements Objective: To obtain all required non-environmental agreements, permits, and approvals necessary to construct the project. Approach: The STATE be responsible for caordination and preparation of applications for service agreements, utility agreements, utility franchises/permits or amendments, and right of way permits. , This work shall include preparing exhibits, calculations, and other design support. The City of Federal Way shall be responsible for obtaining the actual right of way permits and utility agreements/franchise/permits or amendments. Local Aqency Construction Permits and Apresments: . Electrical Service Agreements (for illumination and signal modifications, if needed) . Utility Agreement (if needed) • Utility Franchises/Permits or Amendments (if needed) . Right of Way Permit from Federal Way Right Of Way Right of Way Plans Assumption: No right of way revisions or acquisition are anticipated. Exhibit B— Detailed Scope of Work GCA-6435 Page ��' of 35 Materiais (Roadway) Surfacing / Resurfacing Report Assumptions: The STATE shali prepare the SurFacing Report for the project and will address the following: • List the recommendations for roadway and paved area included within the project limits. • Pavement design information will be documented in a design memorandum. Deliverable: � Surfacing Report PSBE Level Design Geotechnical Report(s) Design-Leve/ Field Exploration The STATE shall plan and conduct a subsurface investigation program utilizing exploratory borings to provide information relative to soil, groundwater, and other geologic conditions along the project alignment. The STATE shall develop an exploration plan showing the locations of existing information, the locations for new explorations, the anticipated depths and sampling requirements for the borings, and field instrumentation requirements. Existing subsurface information sha11 be fully utilized and considered when p�eparing the field exploration plan. The number of needed borings depends on design layout details; particularly signal poles, re#aining stru�tures, culverts, and stormwater facilities. At this time, we anticipate advaneing on the order of five (5} borings, 25 ft in depth. The specific number of explorations will be in general accordance with guidelines presented in the WSDOT's November 2008 Geotechnical Design Manual. STATE shall perform the geotechnical borings and provide the drilling equipment, operators and inspectors to conduct the subsurface explorations. The STATE shall provide logs for the borings and test pits. The logs shall be edited based on laboratory or field tests in accordance with WSDOT Soil and Rock Classification Guidelines. - Laboratory Testing The STATE shall conduct field and laboratory tests in general accordance with appropriate American Society for Testing Materials (ASTM) and WSDOT standards. These tests may include Standard Penetration Tests (SPT's), natural moisture content, grain size analysis, Atterberg Limits, moisture/density (Proctor) relationships, resilient modulus for use in pavement design, pH, and resistivity and specialized geotechnical tests such as triaxial tests, direcf shear tests, point load tests, and soil consolidation. All test results shall be incfuded in the Geotechnical Report. Exhibit B— Detailed Scope of Work GCA-6435 Page �� of 35 lnsfrumentation The STATE shall install field instrumentation in the expioratory borings to monitor water levels and slope movements during both design and construction, as necessary. Engineering Ana/ysis The STATE shall perForm necessary geotechnical engineering analysis to identify critical design elements and provide a basis for geotechnical recommendations. Descriptions of the analysis and/or calculations shall be provided. Comprehensive geotechnical engineering design �ecommendations shall be provided for preparation of project PS&E documents. As a minimum the STATE shall address the following: . Overall stability for cut slopes, embankments, and structures shall be assessed. For structures, minimum foundation widths, embedment, over excavation, and ground improvement shall be addressed to satisfy overall stability requirements. Maximum cut and fill slope inclinations shall be recommended. Any mitigating measures needed to obtain the required level of safety for slopes shall be fully developed for the PS&E. • Suitabte retaining wall types shall be recommended. For all walls (including standard, pre-approved proprietary, and non pre-approved proprietary walls), bearing capacity, settlement, construction considerations, and external stability shall be addressed. For non-standard, non-proprietary walls, internal stability shall be addressed. • Earthwork recommendations shall be provided including subgrade preparation, material requirements, compaction criteria, and settlement estimates. The STATE shall also quantify amount of suitable on site excavation to be re-used in the project. In areas where compressible soils are encountered, over excavation, staged construction, instrumentation, settlement, and creep characteristics and estimates shall be addressed as well as details of any mitigating measures needed to keep embankment performance within project constraints. • General drainage, groundwater levels, soil infiltration rates, hydraulic conductivities, pH, and resistivity values as they apply to the project. • For signals and iUumination, allowable lateral bearing capacity shall be evaluated. Where poor sails are present design recommendations for special design foundations shall be prepared. Construction Considerations Construction considerations shall be addressed. Temporary slopes and shoring limits shall be identified for estimating purposes. Advisory Special Provisions shall be prepared for elements that may encounter difficult ground conditions or that may require non-typical construction methods. Over excavation recommendations and backfill requirements shall be discussed and detaiis prepared for the PS&E. Construction staging requirements, where applicable, shall be addressed. Wet weather construction and temporary construction water control shall be discussed. Exhibit B— Detai d Scope of Work GCA-6435 Page �� of 35 Sfate Sfa»dards The STATE shall provide recommendations consistent with standard material, construction methods, and test procedures as shown in the current WSDOT Standard Specifications for Road, Bridge, and Municipal Construction; WSDOT Geotechnical Design Manual; WSDOT Design Manual; WSDOT Bridge Design Manual; WSDOT Construction Manual: WSDOT Highway Runoff Manual; and WSDOT Standard Plans. Report The STATE shall prepare a PS&E Level Design Geotechnical Report for the project summarizing the Geotechnical recommendations for the project. Special Provisions ar�d Plans Where elements of geotechnical complexity are identified, the STATE shall develop or modify Special Provisions as appropriate to meet the project construction requirements. All recommended Special Provisions shall be included in the geotechnical report as an appendix. Deliverables: • Exploration plan (plan sheets showing required borehole locations) • A PS&E Level Design Geotechnical Report. Structure Design This work element includes the development of preliminary and final design for retaining walls and other structures to meet the needs of the project. Refaining Wal! Design The STATE shall document and design non-standard retaining walls and soldier pile walls, if necessary. Wall Site Data shall be prepared for the new retaining walls. The STATE shall evaluate the limits and impacts of fill slopes associated with the roadway widening and intersection modification. The STATE shall design the retaining walls proposed for the project to the 60%, 90%, and 100% design levels. Deliverables: • Design drawings, elevations, and sections for the 60%, 9Q°lo and 100% design levels. Specifications, quantities, and estimate shall be prepared for the 90% and 100% design levels. Exhibit B— Detailed Scope of Work GCA-6435 Page �8 of 35 Roadway Design Channelization Plan The STATE shail prepare Channelization Plans in accordance with the MUTCD, WSDOT Design Manual, and the Northwest Region Channelization Plan Checklist. The Plans will be provided to the City of Federal Way for review and concurrence. Deliverabte: • Approved Channelization Plan Preliminary Earthwork Quantifies The STATE shall develop Digital Terrain Models (DTM) of preliminary design to determine approximate cut and fill quantities and limits of the grading. The STATE shall determine the approximate footprint of the project. Alignments The STATE shall review existing alignment data from survey and if needed, provide construction alignment data. The STATE shall prepare horizontal and vertical alignment and superelevation design. Deliverable: • Alignment plans and coordinate geometry Roadway Secfions The STATE shall add surFacing type and depth design to typical sections. The STATE shall calculate preliminary quantities of surfacing materials required for construction. Roadside Safefy The STATE shall: • Develop preliminary design of improvements, relocations, or rernovals of obstructions identified in a clear zone inventory. • Document design decisions and the basis for design in the Design Documentation Package. • Determine items such as barrier, attenuators, and obstructions within fhe clear zone to be removed that are required for canstruction. • Perform length of need calculations for barrier and guardrail. Exhibit B— Detai��d Scope of Work �GCA-6435 Page 21 of 35 Preliminary Site Preparation P/ans The STATE shall develop preliminary Site Preparation Pians showing removal and demolition work. Impacts to utilities shall be identified. Preliminary Paving and Grading Plans The STATE shall develop preliminary Paving and Grading Plans. Impacts to existing utilities will be identified. Grading limits and impacts to environmental will be ident�ed as well. Hydraulics The STATE shall develop preliminary and final drainage design for the project. The STATE shall also develop a Conceptual Drainage Study and prepare the Type A Stormwater Report described below. Conceptual Drainage Study The STATE shall develop a conceptual drainage narrative that identifies stormwater treatment and detention alternatives for the drainage design and to recommend a stormwater treatment and detention approach. The STATE shall also provide a conceptual drainage plan showing the recommended stormwater treatment and detention facilities including preliminary conveyance systems and a Temporary Erosion Control Plan for the build alternative. Assumpfions: • Stormwater treatment and detention of new project pavement is required. • Enhanced treatment. . Area substitution may be an acceptable option far developing mitigation improvements for drainage. • Existing detention pond in SW quadrant of the interchange has capacity to detain additional runoff generated by the new pavement. Approach: Stormwater analyses and design will be performed in accordance with the most current version and concurrence of the WSDOT Highway Runoff Manua/ and the Department of Ecology Stormwafer Managemenf Manual for Western Washrngton. The STATE shall develop conceptual drainage alternatives sufficient to support screening activities and to support design level activities for the proposed roadway alternative that is advanced for environmental review. Existing drainage pattems and conveyance systems will be identified from mapping and as-built plans. Impervious areas will be determined from the conceptual alternative plans. A Type, Size and Location Report witl be developed during the conceptual drainage study phase that will include input and review of specific drainage requirements, Exhibit B— Detailed Scope of Work GCA-6435 Page`�2 of 35 development of design flows, detention and water quality facility sizing, and placement of drainage elements that may significantly impact the cost and function of the design. Flows will be studied from the project area, the existing pavement, and from off site areas. A list of BMP's and an erosion control concept plan will be developed for the environmental documentation. From the conceptual drainage studies, canveyance systems, treatment facilities and site locations, will be deve{oped for the selected alternative and will be used for estimating project construction costs, and supplying data needed for the environmental effort. Type A Reports The STATE shall prepare a Type-A Stormwater Report and a summary of the water quality and detention, conveyance, and Temporary Erosion and Sediment Control documentation for inclusion as elements of the Design Documentation Package. Assumptions: • Stormwater treatment and detention for new pavement only. • Area substitution will be an acceptable option for developing mitigation improvements for drainage. • No right-of-way acquisition will be needed for drainage purposes. Approach: The STATE shall expand the analysis developed in during the conceptual drainage studies and will prepare a Stormwater Report in accordance with the WSDOT Hydraulics Manual and the WSDOT Northwest Region Stormwater Report template. The design for conveyance systems and detention and water quality facilities shall be based on requirements in the Washington State Department of Ecology Stormwater Management Manua/ for Western Washington and the WSDOT Highway Runoff Manual. Revislons or Supplements to the Approved Type-A Sformwater Report After the Type-A 5tormwater Report is approved, as design proceeds through 100% PS&E, supplements or revisions to the Stormwater Report will be generated as necessary to incorporate changes in roadway or wall design should changes occur. Deliverables: • Stormwater Type, Size and Location Report • Type A Stormwater Report • Revisions or supplements to the Approved Type-A Stormwater Report as required. Exhibit B— Deta� d Scope of Work GCA-6435 Page �� of 35 Roadside Restoration The STATE shall document roadside impacts, analyze and identify roadside restoration treatment need, and prepare Roadside Restoration Plans, Special Provisions, and Estimates. Assumptions: • The concepts will follow the palicies and guidance of the WSDOT Roadside Classification Plan (1996) and WSDOT Roadside Manual and WSDOT Environmental Procedures Manual. • No irrigation is required. • No environmentally sensitive areas will be impacted within the projeet limits and no roadside restoration permit documents will be required. • Roadside impacts are limited to roadway construction and no restoration of drainage facilities such as detention ponds, swales, or special drainage features are required. Deliverables: • Plan graphic showing site inventory/impact ident�cationlanalysis of existing site conditions and roadside functions in strip map format. • Conceptual design plans (30%), 11 x17", developed as a design response to the inventory/analysis, and identifying areas to be treated, functional needs and impacts, and constraints and opportunities for review and comment. Traffic Analysis Collision Data The STATE wili review accident data and summaries with cross-classi�cation tables collected for the project area for consideration in design of the ramp improvement. Data Co/lecfion and Analysis The STATE shall perForm intersectian turning movement counts during the AM and PM peak periods for the following intersections: • South 32Q�' Street /1-5 Southbound off-ramp • South 320 Street /I-5 Northbound off-ramp • Soutfi 320` Street/Gateway Center Blvd South • South 320�' Street/23'� Avenue South The STATE shall prepare AM and PM intersection capacity analysis for the previously identified signalized intersections for the 2012 and 2030 No Action and Build conditions. Exhibit B— Deta��d Scope of Work GCA-6435 Page 4 of 35 A traffic report will be prepared to documen# the preliminary analysis of existing and future conditions. Tra�c Model The STATE shall prepare forecasts for the opening year (2012) and year of design (2030). Forecasts will use the current PSRC Emme/2 model as a basis for AM and PM peak hour traffic volumes. Forecasts will be developed for both No Action and Build conditions. The model network shall include other funded and planned roadway improvement projects for each of the forecast horizons. Turning movement detail will be prepared for intersections within the study area. Tra�c Analysis Report The STATE shall prepare a Traffic Analysis Report documenting the existing conditions, travel demand forecasting methodology, altematives analysis and evaluation, and selection of the preferred alternative. Intersection traffic opera#ions for the No Action and Build (preferred alternative) conditions will be tabulated for 2012 and 2030. The Traffic Analysis Report will include an assessment of accident data and safety aspects of the selected alternative. Deliverable: • Traffic Analysis Report Existing Utility Plan The STATE shall develop a plan showing the location of known aerial and underground utility facilities. The plan should include all additional data acquired (as-builts, etc) to insure the accuracy needed for the project. Deliverables: • Existing Utility Plan identifying the existing utilities, existing roadway channelization, proposed channelization and project footprint, as known at the 30% PS&E level of project development. • A list of the utilities affected by project, and an action strategy for resolving the conflicts and noting improvements. Work Zone Traffic Caatrol (WZTC) _ _ _ _ _ _ __ _. Preliminary Traffic Control Plans The STATE shall develop work zone traffic control strategy for the project elements to the 30% level of PS&E project development. The Work Zone Traffic Control Strategy will identify how the project will be constructed by means of identifying lane closures, roadway closures, extended duration closures, and detours. The Work Zone Traffic Control Strategy shall also address pedestrian and bicyclist access through the work zone during construction. The STATE shall develop traffic control plans for the project construction. Exhibit B— Detai d Scope of Work GCA-6435 Page �� of 35 Traffic control may extend beyond the identified project limits in order to accommodate the work area and traffic control requirements. The intent of these plans will be to identify the major components and how best to route traffic to accommodate construction activities to build each component. Plans developed will consider and include: • Traffic operafions through the proposed traffic control • Ingress and egress locations and control, including business access • Identification of impacts to transit operations, and emergency service providers and any mitigation of those impacts • Identification of any vehicle types that would be precluded from traveling through the traffic revision • Daily or interim lane restrictions • Design of connections to the existing roadway at each end of the project • Identification of permitted closure periods and periods of operational interruption. • Temporary Signing Deliverable: • Work Zone Traffic Control Strategy Pedestrian Facility Design The STATE shall evaluate pedestrian facilities at the intersection of South 320�' Street and the I-5 Southbound off-ramp to ensure consistency with the accessibility criteria listed in the WSDOT Design Manual Chapter 1510, December 2009. Pedestrian facilities which are not consistent with the manual shall be upgraded to meet criteria. Assumptions: No sidewalks will need to be upgraded to meet current standards. No right of way will be required to upgrade curb ramps. Deliverable: • Identification of pedestrian facilities not meeting the accessibility criteria. Design Documentation Design Documentation Package Design Documentation Package for Design Approval The STATE shall prepare the Design Documentation Package (DDP) to the 30% design approval level according to the WSDOT NW Region Design Documentation Procedures. Exhibit B— Deta' d Scope of Work GCA-6435 Page�6 of 35 Assumptions: The proposed work will not require addressing any potential nonstandard ramp elements upstream of the proposed tum lanes. Deviafions and Design Variance Form: The STATE shall develop design deviations {permanent andlor interim) for the Design Documentation Package. Deviations shall also be specified in the Channelization Plans. Design Parameters: The STATE shall prepare Design Parameters Forms per the WSDOT NW Region Design Documentation Procedures to identify elements that cannot be designed to standard. Cost Estimate The STATE shall develap a 30% base cost estimate. Deliverable: • Design Documentation Package — Design Approval Level Summary of Work Element 2 Deliverables • Electronic file of all supplemental data surveyed in .dat and .srv format. • E{ectronic file in MicroStation shawing break lines and points. • Electronic file in MicroStation showing the digital terrain model. • Electronic file of supplemental data surveyed used to create ground digital terrain model. • One hard copy of the survey field notes. • STATE shall provide a GPS report which will disclose survey control pro}ect summary, the project existing geodetic control, descriptions of the new control established, and the constrained and unconstrained GPS data and adjustments. • Final NEPA ECS for the City of Federal Way's use in obtaining approval by the federal lead agency with SEPA CE identified. • Wetland Inventory Report • No Effect Letter • Final Air Quality Technical Memo • Hazardous Materials Evaluation Memorandum • Archaeological Resources Discipline Report Exhibit B— Detai d Scope of Work GCA-6435 Page �� of 35 • Noise Variance Permit application for the City of Federal Way's use in obtaining noise variances for the project. • Night Work Variance application for the City of Federal Way's use in obtaining a night work variance for the p�oject. • Surfacing Report • Exploration plan (plan sheets showing required borehole locations). • A PS&E Level Design Geotechnical Report. • Retaining Wall Design drawings, elevations, and sections for the 60%, 90%, and 100% design levels. Specifications, quantities, and estimate shall be prepared at the 90% and 100% levels. • Approved Channelization Plan. • Alignment plans and coordinate geometry. • Stormwater Type, Size, and Location Report. • Type A Stormwater Report. • Revisions or supplements to the Approved Type A Stormwater Report. • Roadside Restoration plan graphic showing site inventory/impact identification/analysis of existing site conditions and roadside functions in strip map format. • Roadside Restoration conceptual design plans (30%), 11"x17", developed as a design response to the inventory/analysis, and identifying areas to be treated, functional needs and impacts, and constraints and opportunities for review and comment. • Traffic Analysis Report. • Existing Utility Plan identifying the existing utilities, existing roadway channelization, proposed channelization and project footprint, as known at the 30% PS&E level of the project development. • A list of the utilities affected by project, and an action strategy for resolving the conflicts and hoting improvements. • Work Zone Traffic Control Strategy • Identification of pedestrian facilities not meeting the accessibility criteria. • Design Documentation Package — Design Approval Level. Exhibit B— Deta��d Scope of Work GCA-6435 Page 28 of 35 WORK ELEMENT 3: FINAL DESIGN/PS&E Utilities — PS&E The STATE shall prepare existing utility plans for the project limits showing type, size and location of utilities. Assumptions: • The STATE shaA be responsible for resolving canflicts between utility features and the proposed project improvements, including but not limited to, drainage, electrical systems, structural, excavation and embankment features. . Additional right-of-way will not be required to resolve utility conflicts. • Utility relocations, if necessary, shall not be included in the contract but shall be performed by others prior to construction. The STATE shall prepare an Existing Utility Plan to determine impacts from the PROJECT, and prepa�e an action strategy. The STATE shall assembte and review applicable studies, existing information, and as-built plans to identify major utilities that could be affected by the project. Exisfing Utilities Located After information has been obtained, surveyed, and plotted, the STATE shafl identify potential impacts to utilities, including, but not limited to, existing and proposed drainage, efectrical, structural, excavation, and embankment features. A meeting will then be held with the affected utilities present to discuss utility relocation or modification options. Ufility Relacation Plan The STATE shall analyze the construction limits of all proposed project elements in the vicinity of existing utilities and identify the extent of conflict that will require relocation or protection measures. For each utility found to be in conflict with the proposed project improvements, it is assumed that the relocation will be done by others. Deliverable: • Existing Utility Plan Utility Agreements The STATE will prepare and negotiate all required utility agreements with the respective owners. Exhibit B— Detai��d Scope of Work GCA-6435 Page �� of 35 Deliverables: • Updated Utilities Location Plan • Utility Agreements documentation and plans Design Documentation Package for Pre-Contract Approva► The STATE shall supplement the Design Documentation Package to address any significant design changes, including additional design variances, in the project design and update. The STATE shall update the Design Documentation Package (DDP) to the pre-contract approval level according to the WSDOT NW Region Design Documentation Procedures. Deliverables: • Updated Design Documentation Package — Project Devetopment Approval Level Contract Plan Sheets Preparation The STATE shall prepare plan sheet and reference drawings that show all project elements to be constructed for the project. Except as noted, the STATE shall prepare the following series of final plan sheets for 60%, 90%, and 100% level of completion reviews: • Index • Vicinity map • Summary of Quantities • Roadway Sections • Alignment and RIW Plans • Temporary Erosion Control Plans • Environmenta! Compliance Plans • Existing Utility Plans . Quantity Tabulation —Site Preparation • Site Preparation Plans • Drainage Strucfure Notes • Drainage Plans • Dra+nage Profiles Exhibit B— Deta d Scope of Work GCA-6435 Page �� of 35 • Drainage Detaiis • Planting Plans • Planting Details • Quantity Tabulation — Paving Plans • Paving Plans • Paving Details • Quantity Tabulation — Pavement Markings • Pavement Martcings Plans • Retaining Walls Plans and Profiles • Illumination Plans • Illumination Details • Signat Plans • Signal Details • Sign Specifications • Signing Plans • Traffic Contro( Plans • Traffic Control Details Summary of Quanfities The STATE shall prepare summaries of each pay item quantity for the project, to 90% and 100% review levels of completion. The STATE shall prepare (update spreadsheets, drafting, backchecking, plotting, copying) final plan sheets, containing the summary of quantities for the project, to 90°l0, and 900°/a review levels of completion. Earthwork Quantifies The STATE shall develop final Digital Terrain Models (DTM) of finished and sub-grade surfaces for proposed roadway widening and access improvements as well as retaining walls and excavation. The DTM will be completed and provided in MicroStation/InRoads format. The STATE shall use the completed base mapping and fhe finished grade DTM to calculate quantities of excavation and embankment materials required for construction. The STATE sha11 prepare cross sections at a maximurn of 25-foot intervals. Slope staking information shall not be prepared. Cross sections shall extend perpendicular to the centerline from right-of-way line to right-of-way line. In areas of special concem, crass sections shall be prepared on intervals less than 25 feet. Information from this work element shall be used to prepare the Roadway Profile sheets, Quantity Tabulation Exhibit B- Deta d Scope of Work GCA-6435 Page �� of 35 sheets, and Summary of Quantities sheets. Earthwork and cross section data shall be prepared in groups corresponding with the Summary of Quantity groups and columns. Catch lines as computed by the cross sections shall be shown in the site preparation plans as cut/fill lines Roadway Section Plans The STATE shall calculate quantities of surfacing materials �equired for constructian. The STATE shall prepare final plan sheets, containing the roadway typical sections, slope tables, and paving 8� barrier details, and construction notes for the project, to 60%, 90%, and 100% review levets of completion. Alignment / Right of Way Plans The STATE shall prepare final plan sheets, containing the canstruction baselines & curve data, right of way centerlines, and existing right of way and access control for the project, to 60%, 90%, and 100% review levels of completion. Quantity Tabs The STATE shall prepare final plan sheets, containing the design quantity tabulations for the project, to 90%, and 100°10 review levels of completion. Site Preparation Plans The STATE shall develop final design of the site preparation elements for the project to 60%, 90%, and 100% review levels of completion. Roadway Pro�les The STATE shall prepare final plan sheets, containing the roadway profiles for the project, to 60%, 90%, and 100% review levels of completion. TESC Plans The STATE shall develop final design of the TESC elements for the project to 60°10, 90%, and 100% review levels of completion, including: • Stabilization and vegetation. • Runoff containment and treatment BMP's. Drainage Plans The STATE shall develop fina! design (location, limits, type, detaits, plan, profiles, structure notes, construction notes, calculations, and quantities) of the drainage elements for the project to 60%, 90%, and 100% review levels of completion, including: • Conveyance systems for runoff and stn.icture drains. • Flow control systems. Exhibit B- Det�d Scope of Work GCA-6435 Page of 35 • Treatment systems. The STATE shall prepare final plan sheets, containing the roadway drainage for the project, to 60%, 90%, and 100% review leveis of completion. This wifl include plan and profiles. Structure notes showing ali elements will oniy be provided at the 90% and 140 % review levels of completion. Paving Plans The STATE shall prepare final plan sheets, containing the new pavement areas for the project, to 60%, 90%, and 100% review levels of completion. This will include roadway widening, intersection improvements including curb, gutter, and sidewalk ramps and roadside safety elements. Pavement Marking Plans The STATE shall prepare final plan sheets, containing the pavement marking elements for the project, to 60%, 90%, and 100% review levels of completion. llluminafion Design The STATE shall prepare Ad ready final plans, specifications and estimate (PS&E) for the illumination design e4ements for the project. The Ad ready plan sheets will include contract plans for permanent and temporary illumination systems, electrical schematics and equipment and installation details. The STATE shall provide 60%, 90% and 100% levels of plan completion for review. Signing Design The STATE shall prepare Ad ready final ptan, specification and estimate (PSBE) for the sign design elements for the project. The Ad ready plan sheet will include contract plans, Sign Specification and Detail Sheets. The STATE shall provide 60%, 90%, and 100% levels of plan completion far review. Signal Design The STATE shall prepare Ad ready final plans, specification and estimate (PS&E) for the Traffic signal design elements for the project. The Ad ready plan sheets wilf include contract plans for permanent and temporary Traffic Signal systems, electrical schematics and equipment and installation details. The STATE shall provide 60°/a, 90% and 100% levels of plan completion for review. Wal► Plans The STATE shall prepare final plan sheets, containing retaining walls for the project, to 60%, 90%, and 100% review levels of completion. This will include plan, elevation, and details for each wall. Exhibit B- Detailed Scope of Work GCA-6435 Page ��3 of 35 Tra�c Control Plans The STATE shall develop final traffic controi pfans for the project construction, based upon the Work Zone Traffic Control Strategy developed for the Design Documentation Package. The STATE shall provide 60%, 90%, and 100% levets of plan completion for review. Contract Specifications Development The STATE shall write project special provisions and assemble the contract provisions for reviews and advertisement. Specifications will be developed for 9Q% and 100% constructability reviews. Construction Estimate Development The STATE shall create and keep up to date a quantities documentation notebook (hard copy or electronic) that shall include back up calculations and assumptions for every bid item on the Summary of Quantities (SOQ). Cost estimates shall include the development of quantity take-offs, unit price determination and compiling the estimate. Cost estimates shall be developed to reflect the following levels of design completion: • 90% level of completion • 100% level of completion Working Day Estimate The STATE shall prepare estimates of construction time (working days) for construction. Draft estimates will be submitted for the 90% level of completion and a final estimate with the 100% level of completion. Construction �Permits The City of Federal Way will acquire a Right of Way permit for any Construction Signing located within city street right-of-way. Assumptions: Canstruction permits from private property owners and King County will not be necessary. Exhibit B— Det�led Scope of Work GCA-6435 Page �4 of 35 WORK ELEMENT 4: REVIEWS This work element inciudes both internal Quality Cantroi reviews and the Constructability Review to be performed by the STATE. Constructability & Final PS&E Reviews The STATE shall ensure that the project possesses the attributes of constructability, including coordination of all project elements, apptication of construction and mainfenance knowledge, and review of inethods, techniques, sequences, and procedures by which the project can be built. This will be accomplished by regular coordination of WSDOT support group and construction staff. Constructability Reviews will be performed on the 60%, 90%, and 10Q% PS&E packages. The 60 % Constructability Review will address plans only. The 90% and 100% Constructability Reviews will address plans, specifications, and estimate. Proprietary Items Approval The STATE shal! prepare justification documentation for use of proprietary items in the contract, if necsssary, and sha(I see approval from FHWA. Lump Sum The STATE sha(I provide back up data and cafculations for all lump sum items and non- standard item unit prices included in the 100% Engineer's Estimate. Updates shall be provided for the Proof Copy and Ad Copy Engineer's Estimates. Advertisement Advertisement of the project shall be addressed in a supplement to this agreement, or a new agreement. Exhibit B— Detailed Scope of Work GCA-6435 Page� of 35 MAP 2: DESlGWATED URBAN AND MANUFACTURING/INDUSTRIAL CENTfRS (REGIONAL GROWTH CENTERS� The �egion's grow� plan — VtSlON 2020 — eneourflges population ond employment growth within Urban Growth Areas chosen in accor- donce with Washington s Growth Ma�as�ement Act. The �eglon ernisions rnost growth occurting in designated centers. Urban Centers are inte�ded to concentrafe bath pop�lallon and �obs; Manufacturing/Induskial Centers are intended to concentrote jobe. 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GCA 6435 Exhibit C Pla�/Vicinity Map COUNCIL MEETING DATE: March 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL ITEM #: AGENDA BILL SUBJECT Amendments to Federal Wny Revised Code (FWRC) Title 19, "Zoning and Development Code," related to Accessory Dwelling Unit (ADU) size calculation and ADU Use Zone Chart housekeeping amendments. POLICY QUESTIONS Should the city amend the FWRC to exclude garages, workshops, and similar non-living areas from the size calculation of ADUs; remove the 15,000 square foot lot size requirement for detached ADUs; and make housekeeping amendments to the ADU Use Zone Charts to remove duplicative and irrelevant language? COMMITTEE Land Use/Transportation Cominittee (LUTC) MEETING DATE March 1, 2009 CATEGORY: ❑ Consent � Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other S REPORT BY: Matthew Herrera, Associate Planner DEr'r: Community Development Services _ Ezhibits: (1) Planning Commission staff report for the February 17, 2010, public hearing with Exhibits A-D; (2) Draft minutes of the February 17, 2010, Planning Corrunission meeting; and (3) Draft adoprion ordinance. Background: ADU Size Clarification - The proposed amendment would exclude garages, workshops, and similar non-living azeas from the ADU size calculation. Current ADU size maximums limit ADUs to 800 square feet, but no larger than 40 percent of the primary dwelling unit. A typical one or two car garage or a workshop could account for a significant portion of the maximum squaze footage allowance and prohibit a single-family homeowner from constructing an ADU. Detached ADUMinimum Lot Size - The proposed amendment would remove the 15,000 square foot lot size limitation for detached ADUs. Current regularions require a minimum 15,000 square foot lot to consiruct a detached ADU. Single-family homeowners with lots that conform to the underlying zoning density, but have lots less than 15,000 square feet, are eligible for attached ADUs only. Existing lot coverage, parking/access requirements, and the city's accessory definition would keep detached ADUs subordinate in size and scale. Housekeeping Amendments - The proposed amendment would correct the Use Zone Charts related to parking, review process, maximum lot coverage, and lot size language. Options Considered: 1) Adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance (Exhibit 3); _2� Adopt the Planning Commission's recommendation as modified by the LUTC: or 3) Do_not the_pro�osed�olicy. ___ _.. . . . . . _.. . . __._. _. __. . �.. _ _._..__. _ ��. .. ----- . PLANNING COMMISSION RECOMMENDATION Adoption of Option #1. STAFF RECOMMENDATION Staff recommends the Council adopt Option #1, adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance CITY 1VIANAGER APPROVAL: �. Gb��I °t �9 DIItECTOR APPROVAL: -�.� Committee Counc Committ Council COMMITTEE RECOMMENDATION: Forward Option #1 adopt the Planning Commission's recommendation as contained in the Draft Adoprion Ordinance to the fizll Council on March 16, 2010, for first reading Dini Duclos, Chair Jim Fenell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (3/16/1 O� "I move to forward the ordinance to a second reading for enactment on the Apri16, 2010, consent agenda. " 2 READIlYG OF ORDINANCE �4/6/1 O� "1 move approval of the LUTC's recommendation to approve the code amendments, which are containecl in the Adoption Ordinance. ° _ _ COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DEPTIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - OZ/06/2006 61 RESOLUTION # K:�2009 Code AmendmentsVADU and Appraisal Clarification\LUTCWDUW DU Revised Agrnda Bi11.DOC � ��� _ � ,. r �, DATE: TO: FROM: SUBJECT: FILE: NIEETING DATE: EXHIBIT � PAGE_L___OF_.,L�. PLANNING COMMISSION STAFF REPORT February 10, 2010 Chair Merle Pfeifer and Members of City of Federal Way Planning Commission Greg Fewins, Director of Community Development Services Matthew Herrera, Associate Planner Accessory Dwelling Unit (ADU) Size Calculation 1U-100304-UP February 17, 2010 A. POLICY QUESTION Should the city exclude garage and workshop areas from the size calculation of an Accessory Dwelling Unit (ADU) and should the city add language to Federal Way Revised Code (FWRC) 19.195.180 and 19.200.180 codifying such a policy? Should the city remove the 15,000 square-foot lot size requirement for detached ADUs? Also, should the city provide housekeeping amendments to the referenced code sections to remove duplicative and irrelevant language? B. ATTACHMEIVTS Exhibit A— Proposed FWRC 19.195.180, Suburban Estates (SE) Use Zone Chart Exhibit B— Proposed FWRC 19.200.180, Single-Family Residential (RS) Use Zone Chart Exhibit C— Email notification to stakeholder list of Planning Commission public hearing E�chibit D— Email notification to stakeholder list of Planning Commission staff report C. BACKGROUND & ANALYSIS The proposed code amendment is part of the 2009 Long Range Work Program. The intent of the amendment is to: (1) provide clarification for both permit review staff and applicants of what areas are excluded in the calculation of ADU square footage; (2) remove the 15,000 square foot minimum lot size requirement for detached ADUs; and (3) make several housekeeping amendments to the ADU use zone charts. 1) Square Footage Clarification — The calculation of square footage is an important step in the permitting process due to prescriptive maximums within the zoning and development code's ADU regulations. Currently, ADU maximums are set at 800 square feet, but are not to exceed 40 percent of the square footage of the primary residence. Therefore a 1,200 square foot primary residence would qualify for a maximum 480 square foot ADU. Accessory Dwelling Unit (ADU) Size Calculation File #10-100304-UP Planning Commission Staff Report 62 Page 1 of 5 EXHI�IT � PAGE 2 O��s� The purpose of the ADU size code amendment is to clarify what areas shall be excluded from the maximum size calculation, specifically whether garage, workshops, and similar non-living areas should be excluded from the total square footage calculation. The existing "accessory" definition will keep detached ADUs and any associated non-living areas, such as garages and workshops, subordinate in size, scale, and design; thereby, making the ADU clearly secondary to the primary residence. FWRC defines an ADU as, "... a freestanding detached structure, excluding outdoor storage containers and similar structures used or designed to be used as living facilities, or an attached part of a structure which is accessory to the main or primary dwelling unit located on the subject property, providing complete, independent living facilities exclusively for one single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation." The current ADU definition does not exclude non-living areas. Staff has used the "...living, sleeping, cooking and sanitation..." portion of the definition as an interpretation that only areas such as bedrooms, kitchens, bathrooms/laundry, and living rooms are used for maximum calculation. Current staff interpretation would exclude the garage area in the calculat�on, but include areas related to the ADU, such as a laundry area located adjacent to or within the garage area. Common detached ADUs consist of a garage with second story living space. A typical one or two car garage or workshop could account for a significant portion of the maximum square footage allowance; thereby, prohibiting single-family homeowner from constructing an ADU. Two of the four sample jurisdictions specifically exempt certain areas from ADU size calculation (Des Moines and Kent have no exclusionary language). Staff is proposing changes to clarify that the size of the ADU, excluding garage, workshop, and similar non-living areas, shall not exceed 40 percent of the square footage of the primary dwelling unit, as shown in Ex�ibits A and B. Ci ' Is ADU Size Lan ua e Clear? Clarification Lan ua e An accessory dwelling unit excludes accessory residential uses such as residential garage, Auburn Yes guest cottage, recrearion room, tool shed, swimming pool, noncommercial gmeenhouse, private stable, barn, pen, coop, or similar structure. ACC 18.04.01$ & ACC 18.04.023 ...complete independent living facilities including provisions for living, sleeping, Des Moines No cooking, and sanitation within a detached structure or within part of the primary dwelling unit. DMMC 18.04.015 ...a habitable dwelling unit added to, created within, or detached from and on the same lot Kent No with a single-family dwelling that provides basic requirements for living, sleeping, eating, cookin , and sanitation. KCC 15.02.003 The ADU, excluding any garage area and other non-living areas, such as workshops or Tacoma Yes greenhouses, shall not exceed 40 percent of the total square footage of the main building and the ADU combined, after modification or construction. TMC 13.06.150 Accessory Dwelling Unit (ADLn Size Calculation File #10-100304-UP Planning Commission Staff Report 63 Page 2 of 5 IEX�4��IT 1 PAGE, 3 a�sS�.. 2) Detachecl ADUMinimurrt Lot Size Requirement — Current single-family residential ADU regulations in the RS Use Zone Chart (Exhibit B) specifically require a minimum 15,000 square foot lot to construct a detached ADU, regardless of the underlying zoning. Existing lot coverage, parking/access requirements, and accessory requirements will keep ADUs subordinate in size and scale; therefore, staff is recommending the 15,000 square foot maximum be removed the ADU regulations. Staff sampled the following jurisdictions for language regarding minimum size standards for detached ADUs. Cit Minimum Lot Size for Detached ADUs Code Lan ua e Auburn No. Unlike FWRC, Auburn does not ACC 1831.120 — Accessory dwelling distinguish between attached or detached units are permitted outright in all ADUs. residenrial zones that permit single-family homes, and may be developed with new or existing single-family homes. The development standards of the underlying zone and the following siting and performance standards shall apply to all accesso dwellin units Des Moines No. Unlike FWRC, Des Moines does not DMMC 18.08.110 — The ALQ must not distinguish between at#ached or detached be less than 350 squaze feet of living pDUs, space. Accessory living quarters shall not exceed 800 square feet if they are: (a) detached from the primary single-family dwelling; (b) created through an addition; or (c) designed into a new structure at the time of construction. For ALQs created within an existing single-family residence, the square footage lunitarion on an ALQ shall be no more than 35 percent of the total square footage of the ri dwellin . Kent No. Unlike FWRC, Kent does not disringuish KCC 15.08350 — One (1) ADU per between attached or detached ADUs. dwelling unit is allowed out-right within all SR, single-family residential zones, and singie-family dwellings within the city. An ADU may be established in a new or existing single-family dwelling by creating the unit within or in addirion to the dwelling, or as a detached unit from the principai dwelling. The ADU, as well as the main dwelling wnit, must meet all applicable setbacks, lot coverage, and buildin hei ht re uirements. Tacoma Yes. Detached ADUs are not permitted in low TMC 13.06.150 — The ADU shall be density single family residential zoning pernritted as a second dwelling unit added districts. to or created within the main building or, when allowed, permitted as a detached unit preferably located in the rear yard and/or adjacent to alleys. A detached ADU shall not be located in &ont of the main building or in the side yard setback area. ' Des Moines refers to Accessory Dwelling Units as Accessory Living Quarters (ALQ) Accessory Dwelling Unit (ADU) Size Calculation File #10-100304-UP Planning Commission Staff Report 64 Page 3 of 5 �x���'� � ���� � �� ►=.. 3) Housekeeping Amenc�ments to RS and SE Use Zone Charts — Staff also proposes housekeeping amendments to the two referenced ADU use zone charts. The proposed amendments would: (1) remove irrelevant language referring to the principal residence parking requirements and replacing it with the specific ADU parking space reguirement; (2) change the required review process of "Process I" to "None" as ADUs do not require a land use process; (3) add "accessory structures" to Special Regulations and Notes item #2 for maximum lot coverage; (4) remove duplicative minimum lot size language from SE use zone chart; and (5) re-number the RS and SE use zone charts "Special Regulations and Notes" accordingly. D. PROCEDURAL SUMMARY The proposed code amendments are exempt from environmental review pursuant to State Environmental Policy Act Rules 197-11-800(19), Procedural Actions. The proposal relates solely to governmental procedures containing no substantive standards respecting use or modification of the environment. Public notice of the Planning Commission hearing was published in the Federal Way Mirror and emailed to the department's stakeholders (E�ibit C) February 3, 2010. This staff report was emailed to the department's stakeholders February 10, 2010 (Exhibit D). E. BASIS FOR PLANNING COI�IMISSION ACTION FWRC Title 19, "Zoning and Development," Chapter 19.80, "Process VI Review," establishes a process and criteria for development regulation amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the proposed development regulation amendments. 2. To determine whether the proposed development regulation amendment meets the criteria provided by FWRC 19.80.130. 3. To forward a recomme�dation to City Council regarding adoption of the proposed development regulation amendment. F. DECISIONAL CRITERIA FWRC 19.80.130 provides crite�ia for development regulation amendments. The following section analyzes the compliance of the proposed amendments with the criteria provided by FWRC 19.$0.130. The city may amend the text of the FWRC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. Staff Response — The proposed code amendment is consistent with the following land use and housing chapter policies: L UP4 — Maximize efficiency of the development review process. L UP6 — Conduct regular reviews of the development regulations to determine how to improve upon the permit review process. Accessory Dwelling Unit (ADU) Size Calculation File #10-100304-UP Planning Commission Staff Report 65 Page 4 of 5 EXH��lT �-- PAGE=OF � ,- Fa 3 HP3 — Continue to allow accessory housing units within single family neighborhoods in a way that protects residential character, maintains specific design standards, and corraplies with all applicable laws. Review accessory housing regulations and, if necessary, revise any regulation that inappropriately limits their development. The proposed amendment bears a substantial relationship to public health, safety, or welfare. Staff Response — The proposed code amendment bears a substantial relationship to welfare as it will remove ambiguity regarding what is and is not included in maximum ADUsquare footage. Additionally, the proposed amendment allows those homeowners with adequate lot sizes the abidity to construct a detached ADU. The proposed amendment is in the best interest of the residents of the city. Staff Response — The proposed code amendment is in the best interest of the city as it provides clarity to an existing code provision and provides homeowners the ability to construct a detached ADU if the underlying lot contains the prescribed minimum density standards. G. $TAFF RECOMMENDATION Staff recommends adding language that would exclude garages, workshops, and other non living areas from maximum ADU size calculations as shown in Exhibits A and B. Staff recommends the removal of the 15,000 square foot minimum to detached ADUs as shown in Exhibits A and B. Staff also recommends housekeeping amendments to remove irrelevant and duplicative language as shown in Exhibits A and B and add "accessory structures" to item #2 of "Special Regulations and Notes" of Exhibit B. H. PLANNING COMMISSION ACTION Consistent with the provisions of FWRC 19.$024U, the Planning Commission may take the following actions regarding the proposed development regulation arnendments: 1. Recommend to City Council adoption of the FWRC text amendments as proposed; 2. Modify the proposed FWRC text amendments and recommend to City Council adoption of the FWRC text amendments as modified; 3. Recommend to City Council that the proposed FWRC text amendments not be adopted; or, 4. Forward the proposed FWCC text amendments to City Council without a recommendation. K�2009 Code Amendments\ADU and Appraisal Clarification\Planning CommissionWDU�Staffreport and proposed IanguageWDU Staff Report.doc Accessory Dwelling Unit (ADU) Size Calculation File #10-100304-UP Planning Commission Staff' Report 66 Page 5 of 5 EXHIBIT A 19.195.180 Accessory dwelling units. The followin� uses shall be nermitted in the � z 0 a i..� � � W C USE Accessory dwelling unit (ADU) in single- family residences rn J � �. v� � � � � a 1 Parkin¢ zone ect to the USE ZONE CHART set forth in this section: ZONE SE SPECIAL REGULATIONS AND NOTES l. An accessory dwelling unit (ADU) shall meet the definitian outlined in FWRC 19.OSA10. Minimum lot size for ADUs is based upon the minimum lot size for the existing primary dwelling unit as set forth in FWRC 19.195.010. �°Ti,::.�ff�rr�-let-siz�#�e� building 2. Only one ADU may be created per subject property. The ADU. accessory structures and the primary dwelling unit together shall elevation not exceed the maximum lot coverage prescribed in FWRC 19.195.010. 3. An ADU shall be designed so that, to the degree reasonably feasible, the appearance of the building remains that of a single- family residence. The design and size of an ADU and the primary dwelling unit shall conform to all applicable standards in the zoning, building, plumbing electrical, mechanical, fire, health, and any other applicable codes, as required for any new construction. All ADUs and primary dwelling uniu shall also meet the minimum standards of the Uniform Housing Code. Certification by appropriate utility providers of availability of sufficient water, sewer and/or septic services to the proposed ADU, must be provided as part of the application. 4. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 6 5 FWRC 19.265.010 contains regulations regarding home occupations and other accessory uses, facilities and activities associated with this use. Home occupaHons are not allowed in an ADU. � 6. ADUs may be accessed through the entcance to the primary dwelling unit or through an additional entrance on the side or rear of the residence. Only one entrance is allowed on the front of the residence. $ 7. The property owner, must reside in eithet the primaty dwelling unit or ADU for six months or more of each calendar year, and at no time receive rent or other compensarion for the owner-occupied unit. � 8. f� � ADU, excluding anv earage workshop and similar non-livi� areas shall contain between 300 — 800 sq. ft., but shall not exceed 40°/a of the sq. ft. of the primary dwelling unit *�tu ' g..garn�e workshon and similar non-living areas. The unit shall have more than two bedrooms. �9 Q. No more than one smgle housekeeping unit may occupy an ADU. �k 10. Application for an ADU permit shall be made to the department of community development services in accordance with the permit procedures adopted by the deparhnent, and shall include a letter of application from the owner(s) stating that the owner(s) shall occupy one of the dwelling units on the premises, except for bona fide temporary absences, for six months or more of the calendar year. An ADU application shall also be filed as a deed restriction with the King County deparnnent of records and elections to indicate the presence of an ADU, the requirement of owner occupancy, and other standards for maintaining the u�s described in this Code. Cancellation of an ADUs registration may be accomplished by the owner filing a letter with the depa�t of community develop�nt services for recording at the department of records and elections, or may occur as a result of an � enforcement action. � k� 11. For sign requirements that apply to the project, see Chapter 19.140 FWRC. �3 �. ADUs are not permitted on cluster subdivision lots under FWRC 18.55.040(7). �-4 l�. For provisions that relate to the keeping of animais, see Chapter 19.260 FWRC. Process I, tl, llt and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, DIRECTIONS: FIRST, read down to y nc uueu i aiu� U � � � � � � 3 N � > o �' •� °' in c � � C� �� > :o � � � cL' � ..°� w �n a a x v� eEess See 30 ft. 10 ft. 10 ft. See 30 ft. note 1 note 2 above o��e average For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For detaiis regazdiug required yards, see FWRC 19.125.160 et seq. K�2009 Code Amendments4lDU and Appraisal Clari6cstion�Pl9aning CommissionWDU�Staff report a�d poposcd language�Eahbd A Reviaed SS Che�t.doc EXHIBIT B 01 � 19.200.180 Accessory dwelling units. The uses shall be perinitted in tb fONS: FIRST, read down to find us Minimums D Re uired Yazds � N y � � � � � � � � w v� � S See In RS 35.0 zones: See note ] 20 ft. 10 ft. 10 ft. note Otherwise: 2 20 ft. See 5 ft. note 4 residential U O � b � �� �° ��� •� � x v� w� a zone subiect to the USE ZONE CHART z DIREC O d a y � V � � � � � 3 USE � � u Accessory Preeess dwelling � unit (ADU) Non in single- family residences Process l, 11, UI and IV are descnbed in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chaptcr 19.65 FWRC, Chapter I9.70 FW RC respectively. and notes set forth in this section: Z�� RS SPECIAL REGULATIONS AND NOTES 30 ft. See-�Iste-( 1. An accessory dwelling unit (AD[� shall meet the definition outlined in FWRC 19.OSAIO. Minimum lot size for et4aeHe� ADUs is Uased upon above I ParkinE �ie minimum lot size for the exispng primary dwelling wut as set forth in FWRC ] 9.200.010. *.�,��t� :���:.�o-=^�' `�.� '�° average ace � � � ' building 2• Only one ADU may be created per suUject property. The ADU, accessory structures and the primary dwelling unit together shall not exceed the maximum lot coverage prescn'bed in FWRC 19.200.010, as follows: elevation a. In RS 35.0 = 50% b. In RS 15.0 = 50% c. In RS 9.6 = 60% d. In RS 7.2 = 60% e. In RS 5.0 = 60% f. See FWRC 19.110.020(2)(b) for calculadon of lot coverage for flag lou. 3. An ADU shall be designed so tt�ak to the degree reasonably feasble, the appearance of the building remains tl�at of a single-family residence. The design and size of an ADU and the primary dwelling unit shall confomi W all applicable standards in U�e zoning, building, plumbing elechical, mechanical, fire, health, and any other applicable codes, as required for any new consiruction All ADUs and primary dwelling wiits sliall also meet the rrrinim�nn standards of the Unifomi Housing Code. Certi6cation by appropriate utility providers of availability of sufficient water, sewer and/or septic services to the proposed ADU, must be provided as part of the applicatio�L 4. Side yar8 setback for a comer lot for tLat portion of the lot not adjacent to the pritnary vehicular access is 10 feet, od�erwise five feet. � 5. Refer to C6apter 19.125 FWRC, Outdoors, Yards, and I,andscaping, for appropriate requiremenks. sa-�: . . . , � 6. FWRC 19.265A10 contains regulations regatding other accessory uses, facilifies and activities associated with this use. Home occupations are not ailowed in an ADU. S 7. ADUs may be accessed through the entrance to the primary dwelling unit or thmugh an additional entrance on the side or rear o f the residence. Only one enhance is allowed on the front of the residence. 9 8. The property owner must reside in either the primary dwelling unit or ADU for six months or more of each calendar year, and at no time receive rent or other co[�ensation for the owner-occupied unit. i9 9. tlar�ie ADU P*���� in8_g,�4P _ workshop. and similar non-living areas. shall contain between 300-800 sq. ft., but shall uot exceed 40% ' of We sq. ft of the primary dwelling unit x�l ;ng,garace workshon and similar non-livi�g areas. The wiit shall have no more than two bedrooms. � �1-} �. No more than one single housekeepuig unit may occupy an ADU. � �/ For other infomiafion about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed tlils height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FW RC 19.125.160 et seq. K:�2009 Code AmendmmtsWDU and Appaisal Clarification�Planning CortvnissionWDU�Staffrepon and proposed Ianguage�Exhbit B Revised RS Chart.doc � � �� i ,,wi 19.200.180 Accessory dwelling units. (Continued) rn � USE ZONE CHART z DIRECTIONS: FIRST, read down to find use ... THEN,_across for REGUI.ATIONS O Minimums Ma7cimums � Re uired Yards ZO� � o � � RS � b� � Q � � w �n � ^ 3 .��. � � o � � � � 5PECIAL REGULATIONS AND NOTES USE o� > `" U u �� s w� � s x� �a � 1�. Application for an ADU permit sha11 be made to the department of community development services in accordance with the permit procedures adopted by the depariment, and shall include a letter of application from the owner(s) stadng that the owner(s) shall occupy on of the dwelling units on the premises, except for bona fide temporary absences, for six months or more of the calendar year. An ADU application shall also be filed as a deed restriction with the King County department of records and elections to indicate the presence of an ADU, the requirement of owner occupancy, and other standards for main[aining the unit as described in this Code. Cancellation of an ADUs registration may be accomplished by the owner filing a letter with the deparmient of communiry development services for recording at the department of records and elections, or may occur as a result of an enforcement action. �3 �. For sign requirements that apply to the project, see Chapter 19.140 FWRC. -1-4 �. ADUs are not permitted on cluster subdivision lots under FWRC 18.55.040(7) or within cottage housing under Chapter 19.250 FWRC. �514. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. Process I, ll, III and IV are described in For other informadoa about pazking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Cl�apter 19.60 FWRC, Chapter 19.65 FW RC, For deta�7s of wUat may exceed Uas height limit, see FWRC 19.110.050 et seq. Cliapcer 19.70 FWRC respectively. For details regardiug uired yards, see FWRC 19.125.160 et seq. K�2009 Code Amrndments\ADU and Appraisal Clarification�Pianning Comrmssion�ADU�Staff report and proposed Ianguage�Exhibit B Revived RS Chart.doc � � � � ca � � m � � � � _ � EXIHl�lT,;,_1_._- From: Tina Piety Q Sent: Wednesday, February 03, 2010 9:03 AM PA�E - l �� I(,_ To: Biil McCaffrey; Bob Cooper; Bob Roper; Brant A. Schweikl; Brett Thomas; �a Weiser; Chris Carrel; Christine Balyeat; Connie Boyle; Dale A. Roper; Dan Biles; Dan Coxall; Darla Morin; Dave Matafin; Dave Thorstad; Dennis Haneberg; Don Perry ; Gareth Roe; Garrett Huffman; Gary Hering; Gary Martindale; Gil Hulsmann; Hans Korve; Haynes Lund; Heidi Swartz; James Pate; Jeff Greene; Jeff Oliphant; Jennifer Dovey;lerry Heinz; Jim Jordan; John Bowman; John Norris; Jon Potter;lulie Ramseth; Koong Cho; Kurt Wilson; Mark Clirehugh; Mark Freitas; Mel Easter; Mike Bailey; Mike Behn; Mike Hovland; Monte Powell; Paul Lymberis; Paul Manzer; Peter Townsend; Randy Lloyd; Rick Olson; Rob Aigner; Rob Rueber; Rod Leland; Ron Biesold; Ron Tremaine; Sam Pace; Scott Rhodes; Sheppard Cutler; Sid White; Steve Hammer; Steve Kelly; Tim Atkins; Tim Osborne; Todd Suchan; Tom Barghausen; Tom Pierson; Tom Cc: Subject: Attachments: Raymond; Tony Starkovich; Tres Kirkebo Matt Herrera; Margaret Clark; Greg Fewins; Isaac Conlen; Cary Roe; Ken Miller; Lee Bailey; William Appleton Notice of Federal Way Planning Commission Notice of Public Hearing.doc Hello Federal Way Stakeholders, On February 17, 2010, the Federal Way Planning Commis�ion will hold a public hearing on proposed amendments to the Federal Way Revised Code (FWRC) regarding: Accessory Dwefling Unit (ADU) size calculation; clarification of appraisal requirements; and short subdivision notice requirements. Please see the attached notice for specific information. Please address any questions and/or comments to Associate Planner Matt Herrera at 253-835-2638, or matt.herrera_@cityoffederalway.com. _ _- r�.��.�-y, �ad��-��w����,�zrr Community Development Services City of Federal Way Street: 33325 8th Avenue South Mail: PO Box 9718 federal Way, WA 98063 253-835-2601; Fax 253-835-2609 70 EXHIBIT C Stakeholders List Updated February 2010 Bob Cooper Lloyd Enterprises Inc. PO Box 3889 Federal Way, WA 98063-3889 bobcCa�llo dy enterprisesii�c.com Chris Carrel Friend of the Hylebos PO Box 24971 Federal Way, WA 98093 ccarrel(c�att.blackbeny.net Dan Biles SBI Developing PO Box 73790 Puyallup, WA 98373 danb soundbuilthornes.com Kurt Wilson SBI Developing PO Box 73790 Puyallup, WA 98373 (253)539-8116 kurt(a),sotmdbuilthornes.com Darla Morin Harsch Investment Properties i3010 NE 20� Street, Suite 450 Bellevue, WA 98005 (425) 284-5352 darlam(c�,harsch.com Julie Ramseth IHarsch Investment Properties 13010 NE 20`� Street, Suite 450 Bellevue, WA 98005 (530)450-0778 julier(a�harsch.com Don Perry Lakehaven Utility District PO Box 4249 Federal Way, WA 98063 d e�rry(�a,lakehaven.org Tim Osborne, PE Lakehaven Utility District 31627 l Avenue South Federal Way, WA 98003 (253) 946-5540 tosborne ,lakehaven.org John Bowman Lakehaven Utility District PO Box 4249 Federal Way, WA 98063 (253) 946-5401 �bawman rz!lakehaven.org Gil Hulsmann Abbey Road Group PO Box 1224 Puyallup, WA 98371 (253) 435-3699 �il . hul smann(a�}abbeyroadgroup. cam Jennifer povey Windermere 33405 6�' Avenue South Federal Way, WA 98003 (206)423-8000 j sdovey�cr),windermere.com John Norris Norris Homes 2053 Faben Drive Mercer Island, WA 9$040 (206)275-1901 j ol�nnorrisncomcast.net Steve Kelly ESM Consulting Engineers 33915 1 Way South, Suite 200 Federal Way, WA 98003 (253)838-6113 Steve.keily�a,esmcivil. com Mark Clirehugh GVA Kidder, Mathews, Segner 1201 Pacific Avenue, #1400 Tacoma, WA 98402 (253)722-1416 marckc ir?,�vakm.corn Paul Lymberis Quadrant Homes PO Box 130 � Bellevue, WA 98009 (425)452-6556 Pau l.l vrnberi s�) .� �: , . j , _ a � "� � Paul Manzer Pacland Development Consulting 11235 SE 6`� Street, Suite 220 Bellevue, WA 98004 (425)453-9501 pmanzer acland.com Rod Leland Federal Way Public Schools 31405 18`� Avenue South Federal Way, WA 98003 rleland{u'?,fwsd. wednet.edu Sid White Federal Way Public Schools 1066 South 320`� Street Federal Way, WA 98003 (253)945-5935 swl�ite(a�fi�ps.or� Ron Biesold South King Fire & Rescue 31617 1 Avenue South Federal Way, WA 98003 (206)227-9301 Ron.hiesold(a> southkingfire. or� Tom Raymond South King Fire & Rescue . 31617 1 Avenue South Federal Way, WA 98003 (253)946-7241 Tam.ravmond�; southkinafire. org Tom Pierson Federal Way Chamber of Commerce PO Box 4220 Federal Way, WA 98063 (253)838-2605 tom��>fecieralwa vchamber. com Sam Pace Sea/King County Assoc of Realtors 29839 I54�' Avenue SE Kent, WA 98042-4557 (253) 630-5541 sam�ace(cr?�concentric.net K:�2009 Code AmendmentsWDU and Appraisal Clarifcation\Planning Commission\ADU�Staffrepo�f ald proposed language\Exhbit C Stakeholders List.doc Page 1 of 3 Ron Tremaine Redstone Development Land Acquisition and Development 17417 433` Street SE North Bend, WA 98045 red stoneron(a�hohna il. com 425-831-7730 (wk) 206-353-1761 (cell) 425-831-7783(fax) Monte Powell Powell Homes 29607 8�' Avenue South Federal Way, WA 98003 monte�owell-homes.com Garrett J. Huffinan Master Builders Association of King/Snohomish Counties 335 116�` Avenue SE Bellevue, WA 98004 uffman(�a,mbaks.corn 425-460-8236 (MBAKS) Brant A. Schwe�kl, P.E. Managing Member Schweikl and Associates, PLLC 705 South 9�' Street, Suite 303 Tacoma, WA 98405 bschweiklna,sacivil.net 253-272-4451 (wlc) 253-272-4495(faxj Mike Behn Quadrant, Development Manager 14725 SE 36�' Street, Suite #200 PO Box 130 Bellewe, WA 98009 mike.betin(�7n,quadranthomes.corn 425-452-6563 425-753-4866(cell) Hans Korve 726 Auburn Way Norkh Auburn, WA 98U32 hans ,�dm�-inc.us 253-383-2200 Bob Roper bob.roper ,comcast:net 253-941-6954 Dale A Roper The Roper Company Landscape Architecture/Site Planning 816 Cherry Avenue, #3A �� � � � � �...,.,1...,_,_,_,� Sumner, WA 98390 Mark t � 253-891-1030 33516� �� 253-826-3891 (fax) Federal Way, WA 98003 r�erdale�a�aol.com 253-838-8327 markfccim(a'�cs.com Gary Hering 1439 SW 296` Street Federal Way, WA 98023 �,jher in�(a�comcast. net Tim Atkins Big Mountain Enterprises t i: m�a b i gmounta znent. c om PO Box 1001 Enumclaw, WA 98022 Bill McCaffrey WJM Studio 1911 SW Campus Drive, Suite 116 Federal Way, WA 98023 wi mecaffrey�?comcast.net Tom Barghausen Barghausen Consulting Enginee�s 18215 72" Avenue South Kent, WA 98032 fbarehausen �bar�hausen.com Peter Townsend 1648 South 310�' Street, Suite 6 Federal Way, WA 98003 253-839-2947 petert8 ci.me.com Auburn, WA 98032 Mike Baily LDG Architects 1319 Dexter Avenue, Suite 260 Seattle, WA 98109 206-283-4764 mike(�ldgarchitec; ts.com Tres Kirkebo Apex En�ineering 2601 35 Street, Suite 200 Tacoma, WA 98409 253-473-4494 kirkebo c(�apexen in�eerin�.net Dennis Haneberg Apex En�ineering 2601 35 Street, Suite 200 Tacoma, WA 98409 253-473-4494 hanberg�a�apexen in� eering.net Gary Martindale The Commons of Federal Way 1928-B South Cornmons Blvd Federal Way, WA 98003 253-$39-6156 gmartindale cr,tcaf'w.com Jeff Greene Greene Gasaway Architects PO Box 4158 Federal Way, WA 98063-4158 253-941-4937 i eff�garch(c�seanet.com Steve Hammer Browleit Peterson Hammer Architects 6920 220'� SW, Suite 200 Mountlake Tenace, WA 98043 steve ,_,,bpharch.com Chad Weiser . OTAK 10236 NE Points Drive, Suite 400 Kirkland, WA 98033-7897 206-442-1359 chad.weiser(a).otak.com � Christine Balyeat New Concept Homes PO Box 1229 Issaquah, WA 98027 hcbat,yeai�a?hotmail.com Mel Easter Johnson Braund Design Group 15200 52 Avenue South, Suite 200 Seattle, WA 98188 206-766-8300 mele jbdg.com Koong Cho Royal Hospitality (Hampton Inn) 15901 West Valley Highway Tukwila, WA 98188 253-318-0908 koon�c�?comcast.net K��2009 Code Amendments�ADU and Appmisal Clarification\Planning Commission\ADU�Staff repon'�a� proposed Ianguage�Exhi'bit C Stakeirolders List.doc Page 2 of 3 Jim 7ordan (Saghalie Heights developer) iriordan�z?isomedia.com Mike Hovland Hovland Architects 900 Meridian Avenue East, Ste 408 Milton, WA 98354 hovarcht r�comcast.net Dave Thorstad 406 South 289`� Place Federal Way, WA 98003 dltarchitect(cicomcast.net Brett Thomas brett�a,mountainconst.com Connie Boyle connie.bo�na,colliers.cam James Pate jamesp(a�,liarsch.com Dan Coxall Hammes Co. (St. Francis Hospital) 1325 4` Avenue, Suite 1035 Seattle, WA 98101 dcoxall(d),hamn�esco. com Tony Starkovich 1611 9`�' Avenue North Edmonds, WA 98020 425-775-6552 vinta�ecapital{�itl�otmail. com Jeff Oliphant j1o55 �aol.com Jerry Heinz jerry.heinz _,weyerhaeuser.com Jon Potter j Randy Lloyd rand�yd c�r xpriat.blackberrY.net Rick Olson Rob Aigner Rob Rueber Scott Rhodes RickOlsonta�fhshealth. org roba(a�.harsch.com arrueber cr),comcast.net rhodesarchitecturena,gmail. cam Sheppard Cutler swc(�a,fishersons.com Todd Suchan tsuchan ,iwildwaves.com Gordon Olson Gordon.olson(a),southkin f� tre.org E�H��lT � Garet��i� ' Z �� I�_ BCRA 2106 Pacific Avenue, Suite 300 Tacoma, WA 98402 253-627-4367 Qroe�bcradesign.com Heidi Swartz Swartz Development 5724 30�' Avenue NE Seattle, WA 98105 (206) 730-6933 cell (206) 527-8999 fax hpswartz cr,comcast.net K:\2009 Code AmendmentsWDU and Appraisal Clarification�Planning Commission�ADU�Staff repo�a� proposed language\Exhibit C Stakeholders List.doc PBgC 3 Of 3 From: Tina Piety E�CH���T �- Sent: Wednesday, February 10, 2010 8:40 PM �A � � ��,�P To: Bill McCaffrey; Bob Cooper; Bob Roper; Brant A. Schweik'I;"�re���TfRS'PPf�;Th�� Weiser; Chris Carrel; Christine Balyeat; Connie Boyle; Dale A. Roper; Dan Biles; Dan Coxall; Darla Morin; Dave Matafin; Dave Thorstad; Dennis Haneberg; Don Perry ; Gareth Roe; Garrett Huffman; Gary Hering; Gary Martindale; Gil Hulsmann; Hans Korve; Haynes Lund; Heidi Swartz;lames Pate; Jeff Greene; Jeff Oliphant; Jennifer Dovey; Jerry Heinz; Jim Jordan; John Bowman;lohn Norris;lon Potter; Julie Ramseth; Koong Cho; Kurt Wilson; Mark Clirehugh; Mark Freitas; Mel Easter; Mike Bailey; Mike Behn; Mike Hovland; Monte Powell; Paul Lymberis; Pau) Manzer; Peter Townsend; Randy Lloyd; Rick Olson; Rob Aigner; Rob Rueber; Rod Leland; Ron Biesold; Ron Tremaine; Sam Pace; Scott Rhodes; Sheppard Cutler; Sid White; Steve Hammer; Steve Kelly; Tim Atkins; Tim Osborne; Todd Suchan; Tom Barghausen; Tom Pierson; Tom Raymond; Tony Starkovich; Tres Kirkebo Cc: Matt Herrera; Margaret Clark; Greg Fewins; Isaac Conlen; Lee Bailey; Cary Roe; Ken Miller; Marwan Salloum; William Appleton Subject: Federal Way Planning Commission Attachments: Exhibit D Stakeholders List.doc; ADU Staff Report.doc; Exhibit A Revised SE Chart.doc; Exhibit B Revised RS Chart.doc; Exhibit C Stakeholders List.doc; Exhibit F Stakeholders List.doc; Appraisal Staff Report.doc; Exhibit A Surface Water Management 16.15.010.doc; Exhibit B Subdivisions 18.55.060.doc; Exhibit C Chapter 19.30 Nonconformace.doc; Exhibit D Deve{opment Improvements 19.135.030.doc; Exhibit E Stakeholders List.doc; Notice Sign Staff Report.doc; Exhibit A Proposed Language.doc; Exhibit B Stakeholders List.doc; Exhibit C Stakeholders List.doc Hello Federal Way Stakeholders, On February 17th, the Federal Way Planning Commission will be holding public hearings on proposed amendments to the Federal Way Revised Code (FWRC) regarding: Accessory Dwelling Unit (ADU) size calculation; clarification of appraisal requirements; and changes to short subdivision notice requirements. Attached you will find the Planning Commission agenda and staff reports and exhibits for the proposed amendments. If you have any questions, please contact Associate Planner Matt Herrera at 253-835-2638, or matt.herrera..�cityoffederalway.com. r���y, �a�,�,�r�w���t Community Development Services City of Federal Way Street: 33325 8th Avenue South Mail: PO Box 9718 Federal Way, WA 98063 253-835-2601; Fax 253-835-2609 74 EXHIBIT D Stakeholders List Updated February 2010 Bob Cooper Lloyd Enterprises Inc. PO Box 3889 Federal Way, WA 98063-3889 bobcnu lloydenterprisesinc.com Chris Carrel Friend of the Hylebos PO Box 24971 Federal Way, WA 98093 ccarrel�a,att.blackberr�net Dan Biles SBI Developing PO Box 73790 Puyallup, WA 98373 danb�soundbuilthomes,com Kurt Wilson SBI Developing PO Box 73790 Puyallup, WA 98373 (253)539-8116 kurt(c�soundbuilthomes.com Darla Morin Harsch Investment Properties 13010 NE 20'� Street, Suite 450 Bellewe, WA 98005 (425) 284-5352 darlam(a�,harsch.com Julie Ramseth Harsch Investment Properties 13010 NE 20�` Street, Suite 450 Bellewe, WA 98005 (530)450-0778 �ulier ;harsch.com Don Perry Lakehaven Utility District PO Box 4249 Federal Way, WA 98063 �erry�a�lakeha ven. org Tim Osborne, PE Lakehaven Utility District 31627 l Avenue South Federal Way, WA 98003 (253) 946-5540 tosborne�a,lakehaven.org John Bowman Lakehaven Urility District PO Box 4249 Federal Way, WA 98063 (253) 946-5401 jbo�vman@l akeha��en. or,� E�H�I�IT�— PACE � `� (�� t c� Paul Manzer Pacland Development Consulting 11235 SE 6`�' Street, Suite 220 Bellevue, WA 98004 (425) 453-9501 pmanzer('�'rpacland.com Gil Hulsmann Abbey Road Group Rod Leland PO Box 1224 Federal Way Public Schools Puyallup, WA 98371 31405 18`� Avenue South (253) 435-3699 Federal Way, WA 98003 gil hulsmann(�abbeyroadgrouu.com rleland(a�fwsd.wednet.edu Jennifer povey W indermere 33405 6`�' Avenue South Federal Way, WA 98003 (206)423-8000 j sdovevC�windermere.com Sid White Federal Way Public Schools 1066 South 320`� Street Federal Way, WA 98003 (253)945-5935 swhite��fivps.or� John Norris Norris Homes 2053 Faben Drive Mercer Island, WA 98040 (206)275-1901 j ohnnorris(a�comcast. net Steve Kelly ESM Consulting Engineers 33915 1 Way South, Suite 200 Federal Way, WA 98003 (253)838-6113 Steve kelly�a�,esmcivil.com Mark Clirehugh GVA Kidder, Mathews, Segner 1201 Pacific Avenue, #1400 Tacoma, WA 98402 (253)722-1416 marckc(�}evakm.com Paul Lymberis Quadrant Homes PO Box 130 Bellewe, WA 98009 (425) 452-6556 Paul.ivTnberis ,�quaciranthomes.com Ron Biesold South King Fire & Rescue 31617 l Avenue South Federal Way, WA 98003 (206) 227-9301 Ran biesold cc�southkin firg e'or� Tom Raymond South King Fire & Rescue 31617 1 Avenue South Federal Way, WA 98003 (253) 946-7241 Tom ravrnond(c�southkin firg e•or� Tom Pierson Federal Way Chamber of Commerce PO Box 4220 Federal Way, WA 98063 (253)838-2605 tom�(a�federalwaycha�nber.com Sam Pace Sea/King County Assoc of Realtors 29839 154`� Avenue SE Kent, WA 98042-4557 (253)630-5541 sarnpace(a)conce ntric ne t K�2009 Code Amcndmrnts4lDU and Appraisal Clarification\Planning Commission\ADU�Staff repor� a ploposed language�Exhbit D Stakeholders List.doc Page 1 of 3 EX�l��IT I Ron Tremaine Redstone Development Land Acquisition and Development 17417 433` Street SE North Bend, WA 98045 redsto neron(a�hotxnail . c om 425-831-7730 (wk) 206-353-1761 (cell) 425-831-7783(fax) Monte Powell Powell Homes 29607 8�' Avenue South Federal Way, WA 98003 monte . owell-homes.com Garrett J. Huf�'man Master Builders Association of King/Snohomish Counties 335 116'� Avenue SE Bellevue, WA 98004 ghuffman �mbaks.corn 425-460-8236 (MBAKS) Brant A. Schweikl, P.E. Managing Member Schweikl and Associates, PLLC 705 South 9`� Street, Suite 303 Tacoma, WA 98405 bschweikl(a�sacivil.net 253-272-4451 (wk) 253-2'72-4495(fax) Sumner, WA 98390 253-891-1030 253-826-3891 (fax) ro�erda 1 e t`ci � aol. c om Gary Hering 1439 SW 296`� Street Federal Way, WA 98023 g j h e rin �; �c� c o mc as t. net Tim Atkins Big Mountain Enterprises tim r�bi 7mountainent.com PO Box 1001 Enumclaw, WA 98022 Bill McCaffrey WJM Studio 1911 SW Campus Drive, Suite 116 Federal Way, WA 98023 wj mccaffre v�comcast.net Tom Barghausen Barghausen Consulring Engineers 18215 72 Avenue South Kent, WA 98032 tbarehausen a?bar�l�ausen.com Peter Townsend 1648 South 310`" Street, Suite 6 Federal Way, WA 98003 253-839-2947 et ert8 a!t�ie.com Auburn, WA 98032 MarkFreifas l � �� I � 33516 9` Avenue South Federal Way, WA 98003 253-838-8327 markfcci:m(c�cs.com Tres Kirkebo Apex En�ineering 2601 35 Street, Suite 200 Tacoma, WA 98409 253-473-4494 kirkebo(a�apexen in� eerin�.net Dennis Haneberg Apex En�ineering 2601 35 Street, Suite 200 Tacoma, WA 98409 253-473-4494 hanberg(�u,apexengineerinc.net Gary Martindale The Commons of Federal Way 1928-B South Commons Blvd Federal Way, WA 98003 253-839-6156 �,martindale(�a,tcafw.com Jeff Greene Greene Gasaway Architects PO Box 4158 Federal Way, WA 98063-4158 253-941-4937 jeff arch ,seanet.com Mike Behn Quadrant, Deveiopment Manager 14725 SE 36�` Street, Suite #200 PO Box 130 Bellevue, WA 98009 mike.behn cr,quadrant�omes.com 425-452-6563 425-753-4866(cell) Hans Korve 726 Auburn Way North Auburn, WA 98032 hans u d,�rrr�-inc.us 253-383-2200 Bob Roper bob.roper ,comcast.net 253-941-6954 Dale A Roper The Roper Company Landscape Architecture/Site Planning 816 Cherry Avenue, #3A Mike Baily LDG Architects 1319 Dexter Avenue, Suite 260 Seattle, WA 98109 206-283-4764 mike(cr?,1 d�architects . c om Chad Weiser OTAK 10236 NE Points Drive, Suite 400 Kirkland, WA 98033-7897 206-442-1359 chad. ���eiser(�c),otak.com Christine Balyeat New Concept Homes PO Box 1229 Issaquah, WA 98027 hcbalyeat(a;hotmail.co m Steve Hammer Browleit Peterson Hammer Architects 6920 220`� SW, Suite 200 Mountlake Terrace, WA 98043 stevenbpharch.com Mel Easter Johnson Braund Design Group 15200 52 Avenue South, Suite 200 Seattle, WA 98188 206-766-8300 mele abd .g,com Koong Cho Royal Hospitality (Hampton Inn) 15901 West Valley Highway Tukwila, WA 98188 253-318-0908 koongc a comcast.net K�\2009 Code AmendmentsWDU and Appraisal Clarification\Planning Commission\ADU�Staff rcpod 6d proposed Ianguage�Exhbit D Stakeholders List.doc Page 2 of 3 Jim Jordan (Saghalie Heights developer) j ij ordan(�>iso �nedia. com Mike Hovland Hovland Architects 900 Meridian Avenue East, Ste 408 Milton, WA 98354 hovarcht cilcomcast.net Dave Thorstad 406 South 289`� Place Federal Way, WA 98003 ditarclutect��ccomcast.net Dan Coxall Hammes Co. (St. Francis Hospital) 1325 4`� Avenue, Suite 1035 Seattle, WA 98101 dcoxall{c�hanimesco. com Tony Starkovich 1611 9`�' Avenue North Edmonds, WA 98020 425-775-6552 vinta�eca�ita.l(a�hotmail. com Brett Thomas brett() Connie Boyle connie.boyl�colliers.com James Pate jamesp(a3,harsch.com Jeff Oliphant j1o55na,aol.com Jerry Heinz . jerrv.heinz@weyerhaeuser.com Jon Potter Randy Lloyd Rick Olson Rob Aigner Rob Rueber ipotter936@aol.com randyllovd(c�xprint.blackberrv.net RickOlson@flishealth.org roba ,harsch.com arrueber(a?,comcast.net Scott Rhodes rhodesarchitecturena,gmail.com Sheppard Cutler stivcCa�fishersons.com Todd Suchan tsuchan ;w7ldwaves.com Gordon Olson Gordon.olsonna,southkin�fire.org EXHl�IT � 8��1 CD 2106 Pacific Avenue, Suite 300 Tacoma, WA 98402 253-627-4367 roe �bcradesi n.� com Heidi Swartz Swartz Development 5724 30 Avenue NE Seattle, WA 98105 (206) 730-6933 cell (206) 527-8999 fax �swartz a,comcast.net K�.\2009 Code AmendmentsWDU and Appraisal Clari6cation�Planning CommissionlADU�Stat'f report'aAd proposed language\Exhibit D Stakeholders List.doc Page 3 of 3 C1TY OF FEDERAL WAY PLANNING COMMISSION February 17, 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: Planning Manager Isaac Conlen, Senior Planner Margaret Clark, Assistant City Attorney Peter Beckwith, and Administrative Assistant Tina Piety. Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of January 20, 2010, were approved as written. AUDIENCE COMIV��NT Commissionner Carlson commented that two Federal Way residents won Silver and Bronze metals this last weekend at the Olympic Games. He feels the city should consider acknowledging their achievement. Mr. Conlen replied that Mayor Kochmar had noted the same at last night's City Council meeting and stated that some sort of recognition and or ceremony will be planned. ADMINISTRATIVE REPORT Mr. Conlen noted that Associate Planner Matt Herrera, who was scheduled to deliver tonight's staff reports is out sick. Mr. Conlen and Ms. Clark will be delivering the staff reports. As an FYI to the Commission, Mr. Conlen reported that the 23'� Avenue Condos/Skyway Hotel (a mixed-use project with residential, hotel, office, and retail) is in the preapplication phase. They are planning two towers, one approximately 400 feet in height and the second approximately 200 feet in height. COMMISSION BUSINESS PUBLIC HEAxING — Accessory Dwelling Unit Size Calculations Mr. Conlen delivered the staffreport. The proposed code amenaments will clarify what portions of the structure should be included in the Accessory Dwelling Unit (ADU) size calculation; remove the 15,000 square foot lot size threshold for detached� ADUs; and make housekeeping amendments to ADU use zone charts. Current FWRC regulations do not clearly define what areas are included in the ADU size calculation. The proposed amendment would specifically exclude garages, workshops, and similar non- living areas from the ADU size calculation. Removal of the 15,000 square foot lot size threshold would allow detached ADUs on all lots. Same Pace, Seattle/King County Association of Realtors — He commented that the association ' supports the proposed amendments. 1) They support the removal of the 15,000 square foot ' threshold because it is inconsistent with the lots available in Federal Way. 2) The prescriptive , provisions are dysfunctional. 3) The proposed amendments pass the common sense test. 4) The , proposed amendments retain protections that ADUs will be smaller in size than the principal � , C:\Documents and Settings�matthU.ocal Settmgs\Tempormy Intemet Files\Contrnt.0utlook\LLX2CFSV\Meeting Summary 02-17-10 (2).doc ���' �'� ��' �$ PAGE�OF..�_ �, Planning Commission Minutes Page 2 February 17, 2010 building. Commissioner O'Neil asked if there can be a breezeway to a detached ADU, or would that be considered an attached ADU. Mr. Conlen replied that as long as it is a non-structural, non-supporting breezeway, the ADU would be considered detached. It is possible the building could be so close together that the city would consider the ADU to be attached. Commissioner O'Neil asked if the ADU could be rented. Could an owner build an ADU for the sole purpose of renting it out as a financial venture? Mr. Conlen replied that an owner could build an ADU for the sole purpose of renting it out as a financial venture. The Federal Way Revised Code (FWRC) does require the owner to live on the property, either in the principal residence or the ADU. Commissioner Long asked how this can be enforced. Mr. Beckwith replied that most enforcement in the city is compliant based, meaning that if someone complains about who is living in an ADU, the city will research the issue. Mr. Conlen commented that the owner is required to sign a document that runs with the land stating the owner will dwell on the property. Commissioner O'Neil asked for a clarification of what is meant by average building elevation the height of the structure and grade. Mr. Conlen explained the terms. He also staied that an ADU cannot exceed the height of the principal structure. Commissioner Long asked how may ADUs has the city approved. Ms. Clark replied that the city had a lot of existing ADUs when we incorporated. The city worked with the owners to bring them into compliance. Since the city incorporated there have been only approximately 5 new ADUs, bringing the total of new and existing to 25 to 30 ADUs. Commissioner Long commented that since it is likely that more than one car will be parked on a lot, does the city anticipate any parking issues? Mr. Conlen replied that typically there is adequate room for parking. Commissioner Carlson moved (and it was secondec� to recommended adoption of the staff's recommendation for the proposed amendments for the Accessory Dwelling Unit Size Calculation. The motion carried unanimously. The public hearing was closed, PUBL�C HEaR�NG — Clarification of Appraisal Requirements Ms. Clark delivered the staff report. The intent of the proposed amendments is to clarify and make consistent who is authorized to conduct an appraisal. There are ten sections of the FWRC that require an appraisal. Of those, two require an MAI appraisal, which is a professional accredita.tion by the Appra.isal Institute, a private association of real estate appraisers. The remaining eight require an appraisal that is, "acceptable to the city." In addition, the city may require a second appraisal if the valuation of the first is considered inappropriate. Staff proposes that the language be changed to require the appraisal be performed by a state certified appraiser. Language allowing the city to request a second appraisal will be removed. Sarne Pace, Seattle/King County Association of Realtors — He commented that the association supports the proposed amendments. 1) They are pleased the proposed amendments remove inconsistencies. 2) They are pleased the proposed amendments leave in the choice of an assessment or appraisal. 3) The proposed amendments ensure the appraiser meets the highest legal standard. 4) The proposed amendments minimize the potential for a second appraisal. 5) The proposed amendments are efficient and reduce costs. Commissioner Long asked with the requirement of a state certified appraiser, is it likely the owner would C:\Documents and Settings\matth\Local SMtings\Tcmporary Intemet Fiks\Content.0utlook\LLX2CFSV�Meeting Sumnary 02-17-10 (2).doc ��H � � �9 PAGE...�._OF...= Planning Commission Minutes Page 3 February 17, 2010 want to use an appraiser certified by another state. Ms. Clark replied the city would require a Washington state appraiser. Same Pace, Seattle/King County Association of Realtors — He commented that the state requires that the state certified appraiser be geo-competent, which would be unlikely with an out-of-state appraiser. Commissioner Medhurst why is the city giving the choice of an assessed value or an appraisal, why not just the assessed value? Ms. Clark replied that city wants to be flexible and give applicants a choice. She noted that the proposed amendments do not address the issue if a choice should be available, but simply clarify who is authorized to conduct an appraisal. Commissioner Bronson expressed concern that the city may question the appraised value; specifically, that a staff inember without appraisal experience may question an experience appraiser. Ms. Clark replied that staff would only question an appraisal that was unreasonable and would have to have a reason to question the appraisal. If a question arose, a state certified appraiser would be hired to perform the second appraisal. Same Pace, Seattle/King County Association of Realtors — He commented that an assessment is done once a year (with an appeal period). If t�e economy changes, by the time the owner applies to the city, the value may have changed. In such a case, an owner may be better off submitting an appraised value as opposed to the assessed value. Commissioner Bronson moved to recommended adoption of the staff's recommendation for the proposed amendments to Clarify the Appraisal Requirements. The motion carried unanimously. The public hearing was closed. PUBLIC HEARI1vG — Short Subdivision Notice Requirements Ms. Clark delivered the staff report. Current FWRC regulations require the posting of three onsite notice boards on or near the subject property. The proposed amendment would reduce the requirement to one onsite board, with the ability to post additional boards if needed. Three onsite notice boards are not necessary as many properties only abut one right-of-way. The proposed amendment would reduce costs associated with providing notice boards and staff time to post boards. The proposed amended language would require additional notice boards to be posted if staff finds that they are needed to clearly identify the property. Same Pace, Seattle/King County Association of Realtors — He commented that the association supports the proposed amendments. 1) A short subdivision may be a division into only two lots and the requirement for three notices boards is excessive in such instances. 2) The proposed amendment fits smaller lots, of which there are many in Federal Way. 3) The "if needed" language referring to additional notice boards is ambiguous, but the Association is willing to wait to see how it works. 4) The notice board is not the only notice given. Commissioner Carlson commented that he supports the proposed amendment and that the only downside he sees is the city may receive complaints that one notice board is not adequate notice. Commissioner O'Neil asked what happens if a notice board is defaced. Ms. Clark responded that if the city is told, the board would be replaced. Commissioner O'Neil moved to recommended adoption of the stafPs recommendation for the proposed amendments to Short Subdivision Notice Requirements. The motion carried unanimously. The public C:\Documents and Settings\macth\l.ocal Set[ings\Temporary [ntemet Files\Content.0udook\LLX2CFSWNeeting Smmiary 02-17-10 (2).doc EXH t S!"�" �„�� 8o PAGE_ 3 ___0�.� Planning Commission Minutes Page 4 February 17, 2010 hearing was closed. ADDITIONAL BUSINESS Staff anticipates there will be no meetings in March. The 2010 Planning Commission Work Program will go before the City Council on March 16`�'. AUDIENCE COMMENT Same Pace, Seattle/King County Association of Realtors — He commented that the city has a good list of stakeholders. ADJOURN The meeting was adjourned at 8:05 p.m. C:�Documenu and 5ettings\match\Locai Stttings\Temporary Intemet Files\Contrnt.0utlook\LLX2CFSWNating Sunv�rery 02-17-I0 (2).doc 81 EXH�BIT 2 PACE .�_...o�_�___ ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Accessory Dwelling Units (ADU) amending FWRC 19.195.180 and 19.200.180. (Amending Ordinance Nos. 07-545, 02-424, O1-381, 97-291, and 95-245.) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; ..� WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt new amendments for the FWRC which establishes development regulations for excluding garages, workshops, axid similar non-living areas from the size calculation of an Accessory Dwelling Unit (ADL� wittii� the City of Federal Way; and WHEREAS, it is in the public interest for the City Council to adopt new amendme�ts for the FWRC which establishes development regulations removing the 15,000 square foot lot size limitation for a detached Accessory Dwelling Unit (ADU); and WHEREAS, it is in the public interest for the City Council to adopt new housekeeping amendments for the FWRC which removes duplicative and irrelevant language; and WHEREAS, an Environmental Threshold Determination was not necessary as the amendment is related solely to governmental procedures and therefore, categorically exempt from the State Environmental Policy Act; and Ordinance No. /D- 82 EXHIBITP���- �0 W� ��� � � , � ���. � � _..a WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on February 17, 2010, and forwarded a recommendation of approval; and WHEREAS, the Land Use/Transportation Committee (LUTC) of the Federal Way City Council considered these code amendments on March 1, 2010, and recommended adoption of the text amendments as recommended by the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section l. Findin�s. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by providing clarification of areas to be included in the Accessory Dwelling Unit (ADL� size calculation, providing additional housing opportunities for property owners with lot sizes less than 15,000 square feet, and providing housekeeping amendments to remove inaccurate and irrelevant information. (b) These code amendments cornply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Ordinance No. 10- EXHI�IT 3 PAGE�2-�Q��� Rev 1/10 LU 83 Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section l, the Federal Way City Council makes the follawing Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUP4 — Maximize efficiency of the development review process. LUP6 — Conduct regular reviews of the development regulations to determine how to improve upon the permit review process. HP3 — Continue to allow accessory housing units within single-famity neighborhoods in a way that protects residential character, maintains specific design standards, and complies with all applicable laws. Review accessory housing regulations and, if necessary, revise any regulation that inappropriately limits their development. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it will remove ambiguity regarding what is and is not included in maximum Accessory Dwelling Unit (AD� square footage. Additionally, the proposed amendment allows those homeowners with adequate lot sizes the ability to construct a detached Accessory Dwelling Unit (ADLn. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because it provides clarity to an existing code provision and provides homeowners the ability to construct a detached Accessory Dwelling Unit (ADU) if the underlying lot contains the prescribed minimum density standards. Ordinance No. !0- EXHIBIT 3 PAGE 3 OF�_ Page 3 of 7 Rev Il10 LU 84 Section 3. FWRC 19.195.180 is hereby axnended to read as follows: � � m � � USE ZONE CHART o DIRECTIONS: FIRST, read down to find use ... THEI�I, across for REGUL.ATIONS ., Minimums Ma�cimwms � y Re uired Yards Z�N� �7 a"i d d U C � C � .� �° � �.7E OG � 3 ^ � > o � � �eo �•' � F � � U � � 'o„ae usE �� ,�°� w � � ,S x� °a' a SPECIAL REGULATIONS AND NOTES Accessory P+ecess See 30 ft. 10 ft. 10 ft. See 30 ft. See-�Iete l. An accessory dwelling unit (ADU) shall meet the definition outlined in FWRC 19.OSA10. Minimum lot size for ADUs is based dwelling 1 note 1 note 2 above 3 upon the minimum lot size for the existing primary dwelling unit as set forth in FWRC 19.195.010. �++;i�x+rn aet-s�ze-frar� unit (ADU) None average 1 Parkine G"'D^ i n i nc m n:., a.,e ...._,.,. in single- building �ace 2. Only one ADU may be created per subject property. The ADU, accessory structures and the primary dwelling unit together shall family elevation not exceed the maximum lot coverage prescribed in FWRC 19.195.O10. residences 3. An ADU shall be designed so that, to the degree reasonably feasible, the appearance of the building remains that of a single-family residence. The design and size of an ADU and the primary dwelling unit shall conform to all applicable standards in the zoning, building, plumbing electrical, mechanical, fire, health, and any other applicable codes, as required for any new construction. All ADUs and primary dwelling units shall also meet the minimum standards of the Uniform Housing Code. Certification by appropriate utility providers of availability of sufficient water, sewer and/or septic services to the proposed ADU, must be provided as part of the application. 4. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. D � . . . . , 6 5 FWRC 19.265.010 contains regulations regarding home occupations and other accessory uses, faciliries and activities associated with this use. Home occupations are not allowed in an ADU. � 6. ADUs may be accessed through the entrance to the primary dwelling unit or through an additional entrance on the side or rear of the residence. Only one entrance is allowed on the front of the residence. & 7. The property owner, must reside in either the primary dwelling unit or ADU for six months or more of each calendar year, and at no time receive rent or other compensation for the owner-occupied unit. 9 8. tk+ '�he ADU, excluding any g�r�ge, workshop and similar non-living areas' shall contain between 300 — 800 sq. ft., but shall not exceed 40% of the sq. ft. of the prim3ry dwelling unit excludin�g�.gr ge. workshop and similar noo-living areas. The unit shall have no more than two bedrooms. �9 9. No more than one single housekeeping unit may occupy an ADU. � IQ. Applica6on for an ADU permit shall be made to the department of community development services in accordance with the permit procedures adopted by the departrnent, and shall include a letter of application from the owner(s) stating that the owner(s) shall occupy one of the dwelling units on the premises, except for bona fide temporary absences, for six months or more of the calendar year. An ADU application shall also be filed as a deed restriction with the King County department of records and elections to indicate the presence of an ADU, the requirement of owner occupancy, and other standards for maintaining the unit as described in this Code. Cancellation of an ADUs registration may be accomplished by the owner filing a letter with the department of community development services for recording at the department of records and elections, or may occur as a result of an enforcement action. -1-� i l. For sign reyuirements that apply to the project, see Chapter 19.140 FWRC. �3 12. ADUs are not permitted on cluster subdivision lots under FWRC 18.55.040(7). -14 13. For rovisions that relate to the kee in of animals, see Cha ter 19.260 FWRC. cess 1, il, III and IV are described in apter 19.55 FW RC, For other inform�don about parking arul pazking areas, see Chapter 19.130 FW RC. Chapter 19.60 FW RC, Chapter 19.65 FW RC, For details of wtiat may exceed this height limit, see FWRC 19. ] 10.050 et seq. Chaprer 19.70 FW RC respecpvely. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 10- Page 4 oj7 Rev 1/10 LU Section 4. FWRC 19.200.1 SO is hereby amended to read as follows: � O� m � � ■� � �� � USE ZONE CHART z DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS O Minimums Maximums � Required Yards ZQ� � y y � C7 � � � � � 4" v, � � � � � � � � � � � SPECIAL REGULATIONS AND NOTES USE v � � b � �� &� � � u x w .� w v� r.� � x v� w a Accessory {Zreeess See In RS 35.0 zones: See 30 ft. See-Plete-6 1. An accessory dwelling unit (ADLn shall meet the definition outlined in FWRC 19.OSA10. Minimum lot size for eftae�ed ADUs is based dwelling � note 1 20 ft. 10 ft. 10_ft. note above 1 Parking Upon the minimum lot size for the existing primary dwelling unit as set forth in FWRC 19.200.010. unit N� Otherwise: 2 average S�ace ' '' ' ADU in bUilding Z• Only one ADU may be created per subject property. Tlie ADU. accessory structures and the primary dwelling unit together shall not exceed � � 20 ft. See 5 ft. the maximum lot coverage prescnbed in FWRC 19.200A10, as follows: single- note elevation a. In RS 35.0 = 50% family q b. In RS I5.0 = 50% residences c. In RS 9.6 = 60°/a d. In RS 7.2 = 60% e. In RS 5.0 = 60% f. See FWRC ]9.110.020(2)(b) for calculatian of lot coverage for flag lots. 3. An ADU shall be designed so that, to the degree reasonably feasible, the appearance of the building remains that of a single-famity residence. The design and size of an ADU and the primary dweliing unit shall confomi to all applicable standards in the zonine, buildino, plumbing, electrical, mechanical, fire, health, and any other applicable codes, as required for any new construction. All ADUs and primary dwelling units shall also �et the minimum standards of the Uniform Housing Code. Certification by appropriate utility providers of availability of su�cient water, sewer and/or sep6c services to the proposed ADU, must be provided as part of the application. 4. Side yard setback for a comer lot for that portion of the lot not adjacent to the primary vehicular access is 10 feet, otherwise five f'eet. 5. Refer to Cliapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requiremeuts. €er�es-:4 BFT: . . . , � 6. FWRC 19.265.010 contains regulations regarding other accessory uses, facilifies and activiUes associated with this use. Home occupations are not allowed in an ADU. 8 7. ADUs may be accessed through the enh�ance to the primary dwelling unit or through an additional entrance on the side or rear of the residence. Only one entrance is allowed on the front of tbe residence. 9$. The property owner must reside in either We primary dwelling unit or ADU for six months or more of each calendar year, and at no time receive rent or other compensation far the owner-occupied unit �8 9. {�r� ADU �� ing g�ragP worksl�R and similar non-livinP areas sliall contain between 300-800 sq. ft., but shall not exceed 40 % of the sq. R of the primary dwelling unir Pxcludingg,�ee works and similar non-livi�reas. T6e unit shall have no more than two bedroams. i-� �. No more than one single housekeeping unit �y occupy an ADU. con�n�a Process I, II, III and IV are described in For other informa6on about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Cl�apter 19.65 FW RC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. W Ordinance No. l0- Page 5 of 7 Rev I/10 LU 19.200.180 Accessory dwelling units. (Continued) � v USE ZONE CHART z DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS O Minimums Maximums � R uired Yards � ZONE N � °' °' � RS U pq � � � . o�'. � u a`"i o .�w c� � � � ^ v o � � � � uSE v�> o o v � v �,��, � �� SPECIAL R�+ GULATIONS AND NOTES w o; a w v� a � x cn cG a � 11. Applicarion for an ADU pernilt shall be made to the department of community development services in accordance with the permit procedures adopted by the deparhnent, and shall include a]etter of application from the owner(s) stating that the owner(s) shall occupy on of the dwelling units on the premises, except for bona fide temporary absences, for six months or more of the calendar year. An ADU applicarion shall also be filed as a deed restriction with the King County department of records and elections to indicate the presence of an ADU, the requirement of owner occupancy, and other standards for maintaining the unit as described in this Code. Cancellation of an ADUs registration may be accomplished by the owner filing a letter with the department of . community development services for recording at the deparhnent of records and elections, or may occur as a result of an enforcement action. -13 �. For sign requiremenu that apply to the project, see Chapter 19.140 FWRC. -]-4 1�. ADUs are not permitted on cluster subdivision lots under FWRC 18.55.040(7) or within cottage housing under Chapter 19.250 FWRC. -1-5 14. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. Process I, II, I II and l V are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FW RC, Chapter 19.60 FWRC, Chapter 19.65 F W RC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FW RC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. � rn �! � m = s� �� � � vv � rdinance No. !0- Page 6 of 7 Rev U I O 1.0 Section 5. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 6. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 7. Ratification. Any act consistent witfi the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this , 20_ ATTEST: CITY CLERK, CAROL MCNEILLY, CMC FILED WITH THE CTTY CLERK: PASSED BY THE CIT'Y COUNCIL;: PUBLISHED: EFFECTNE DATE: ORDINANCE NO.: Ordinance No. 10- CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR APPROVED AS TO FORM: day of � CITY ATTORNEY, PATRICIA A. RICHARDSON K:�2009 Code AmendmrntsWDU and Appraisal Clarificatan�I.UTC�ALKAADU Draft Ordinana.doc PQgC 7 Of 7 Rev 1l10 LU $$ EXH��IT 3 PAGE�O�� COUNCIL MEETING DATE: March 16, ZO10 AGENDA BILL SUBJECT: Amendments to Federal Way Revised Code (FWRC) Title 16 "Surface Water Management," Title l8 "Subdivisions," and Title 19 "Zoning and Development Code," related to appraisal requirements. POLICY QUESTIONS: Should the city amend the appraisal requirements by replacing the three current requirements of MAI appraisal, MAI certified appraiser, and source acceptable to the city with one consistent requirement of state certified real estate appraiser?; And remove existing code language allowing the applicable department director to require a second appraisal if the original appraisal is deemed inaccurate or inappropriate? ITEM #: CITY OF FEDERAL WAY CITY COUNCIL COMMIITEE Land Use/Transportation Cominittee (LUTC) CATEGORY: ❑ Consent ❑ City Council Business // ■ Ordinance Resolution MEETINGDATE: March 1, 2009 ❑ Public Hearing ❑ Other STAFFREPORTBY: Matthew Planner ____ ____ _____� � DEPTS Develo ment Services __.._...._.._r..�...__.._.......�._. � . _ _ � -p— -----�--------- Eghibits: (1) Planning Commission staff report for the February 17, 2010, public hearing with Exhibits A-F; (2) Draft minutes of the February 17, 2010, Planning Commission meeting; and (3) Draft adoption ordinance. Background: Appraisad Reguirements - Several sections of the FWRC require applicants to submit assessed or appraisal values for structures or land that an appiicant proposes to improve. Two of the ten code sections contain the requirement for a MAI appraisal, while the remaining eight sections require an appraisal from a source acceptable to the city. The proposed a�endment would remove language requiring MAI appraisals and appraisals from a source acceptable to the city. Those requirements would be replaced consistently throughout applicable FWRC secrions allowing the applicant to choose between an assessed or appraised value, with appraisals conducted by a state certified real estate appraiser. Appraisal Qualifying Language - Current regulations allow the applicable department director to require an applicant to provide an appraisal from a second source acceptable to the city if the initial appraisal appears inaccurate or inappropriate. Staff has not discovered an instance when this qualifying requirement has been used. The proposed amendment would remove code language allowing the department director to require a second appraisal. Options Considered: 1) Adopt the Planning Commission's recommendation as contained in the Draft Adoprion Ordinance (Exhibit 3); _2�Adop the P1annm�Commission's recommendation as_modified by the LUTC_o� Do not ado�t the pr�osed poli�. __ � PLANNINGCOMMISSION RECOMMENDATION Adoption of Option #1. STAFF RECOMMENDATION Staff recommends the Council adopt Oprion #1, adopt the Planning Commission's recommendation as containecl in the Draft Adoption Ordinance CITY MANAGER APPROVAL: �U. �t/��( O� �/ � DIIiECTOR APPROVAL: i�� Committee Council Committee Council COMMIITEE RECOMMENDATION: Forward Option #1 adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance to the full Council on March 16, 2010, for first reading Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION(S�: 1 READING OF ORDINANCE (3/16/10) "I move to forward the ordinance to a second reading for enactment on the April 6, 2010, consentagenda." 2" READING OF ORDINANCE (4/C>/10� "1 move approval of the LUTC's recommendation to approve the code amendments, which are contained in the Adoption Ordinance. " COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances on[y) 89 REVISED - 02/06/2006 K\2009 Code AmendmentsWDU and ApExaisal Clarification\LUTC�AppraisaMppraisal Revised Agenda BiII.DOC COUNCIL BILL # 1 reading Enactment reading ORDINANCE # RESOLUTION # . ���i�u������ .�. � ,� DATE: To: FROM: SUBJECT: FII,E: 1VIEETING DATE: EXHI�IT PAGE�_0� Z�° PLANNING COMMISSION STAFF REPORT February 10, 2010 Chair Merle Pfeifer and Members of City of Federal Way Planning Commission Greg Fewins, Director of Community Development Services Matthew Herrera, Associate Planner Appraisal Requirements within Portions of the "Surface Water Management," "Subdivisions." and "Zoning and Development Code" 10-100305-UP February 17, 2010 A. POLICY QUESTION Should the city amend and make consistent the appraisal requirements within the following three titles of Federal Way Revised Code (FWRC): Title 16, "Surface Water ManagemenY'; Title 18, "Subdivisions"; and Title 19, "Zoning and Development Code"? B. ATTACHMENTS Exhibit A— Proposed Code Amendment to FWRC Chapter 16.15, "Regulated and Exempt Activities" Exhibit B— Proposed Code Amendment to FWRC Chapter 18.55, "Design Criteria" Exhibit C— Proposed Code Amendment to FWRC Chapter 19.30, "Nonconformance" Exhibit D— Proposed code amendment to FWRC Chapter 19.135, "Development Improvements" Eachibit E— Email notification to stakeholder list of Planning Commission public hearing Exhibit F— Email notification to stakeholder list of Planning Commission staff report C. BACKGROUND & ANALYSIS Several sections of the FWRC require applicants to submit assessed or appraisal values for structures or land that an applicant proposes to improve. Two of the ten code sections that staff proposes to amend contain the requirement for an MAI appraisal, while the remaining seven sections require an appraisal from a source acceptable to the city. The purpose of this staff initiated text amendment is to allow an applicant to choose either an assessed or appraised value, and where appraisal is chosen, to provide a consistent appraisat requirement that: (1) maintains a professional standard; and (2) removes unnecessary second appraisal qualifying requirements. MAI Accreditation As referenced above, three sections of the FWRC require appraisals to be performed by an MAI accredited appraiser. MAI is a professional designation assigned by the Appraisal Institute, a private Appraisal Requirements within the "Surface Water Management," "Subdivisions." and "Zoning and Development Code" File #10-100305-UP Planning Commission Staff Report gp Page 1 of4 �P�����'�1° � ��=������' � p� 2= k��m association of real estate appraisers. Post-secondary education, experience, and membership in the organization are requirements for the MAI designation. Washington State Requirements All appraisals conducted in the state must be done by a state licensed appraiser, state certified residential appraiser, or state certified general appraiser. The following are requirements to receive an appraisal license or certification and the types of appraisals that may be conducted with each license or certification. Appraiser Training Education Type of Appraisal Conducted Licensed Two-year 1) 150-hours real estate One to four residential units apprenticeship appraisal coursework. having a transacrion value less under licensed/ 2) Pass state licensed real than $250,OU0, and non- certified appraiser. estate appraiser exam residential property having a transaction value less than $250,000 Certified Two-year (1) Associate Degree in any All types of residential Residential apprenticeship field or 21 semester hours of property of one to four units under certified college coursework; 2) 200- without regard to transaction appraiser hours real estate appraisal value and nonresidenrial coursework; and 3) Pass property having a transaction certified residenrial real estate value less than $250,000. a raisal exam. Certified General 2.5 year 1) Bachelor's degree in any All types of real property apprenticeship field or at least 30 semester appraisals with no transaction under certified hours of college course work; values limits. general appraiser 2) 300-hours of real estate appraisal course work; and 3) Pass certified general real estate exam. Jurisdicfional Comparisons Staff sarnpled the following four surrounding cities' policies of appraisal requirements. Ci A raisal Lan ua e Code Citation "This chapter shall not prevent the following provided the total value of the improvements, over No language. Auburn uses the most �e lifetime of the nonconfornung use, does not Auburn recent tax assessment and does not exceed 50 percent of the assessed value of the nonconfornung use as established by the most use appraisals. current caunty assessor's taac roll...." ACC 18.54.060 & ACC 12.64A.020 with regard to public i rovements Yes. Des Moines requires an "Market value shall be established by a real estate appraisal for park fee-in-lieu appraisal submitted by the applicant. DMMC calculation and right-of-way (ROW) 1736.150 Des Moines vacations. No mention of who is Vacation of all city ROWs shall require authorized to conduct the appraisal. compensation at 50% of appraised value may be No codified threshold provided for determined from the records of the department of nonconfornung or public assessments or by informal or formal appraisal. improvements. partial exce t from DMMC 12.12.050 Appraisal Requirements within the "Surface Water Management," "Subdivisions." and "Zoning and Development Code" Fite #10 Planning Commission Staff Report gl Page 2 of 4 �f��G':4 �if'��� � ���'Yy� 3 OF � ���� - Ci A raisal Lan ua e Code Citation No language; parks fee-in-lieu is The dollar amount of the fee-in-lieu shall be Kent based on tax assessments; and determined by 150 percent of the average assessed public improvements are based on value per unit area of land within the boundaries of dollar value. the subdivision. Partial excer t om KCC 12.04.65. Yes. Renton requires an appraisal "The cost of the alterations shall not exceed an Renton for certain nonconforming uses and aggregate cost of fifty percent of the value of the development. No mention of who is building or structure, based upon its most recent authorized to conduct the a raisal. assessment or a raisal." KCC 4-10-050 D. PROCEDURAL SUMMARY The proposed development regulation is exempt from environmental review pursuant to State Environmental Policy Act Rules 197-11-800(19), "Procedural Actions," because the proposal relates solely to governmental procedures containing no substantive standards respecting use or modification of the environment. Public notice of the Planning Commission hearing was provided February 13, 2010, pursuant to procedures within FWRC 19.80.170 and emailed to the department's stakeholders (Exhibit E) February 10, 2010. The staff report and all attachments were also e-mailed to the stakeholders (E�ibit F'). E. BASIS FOR PLANNING COMMISSION ACTION FWRC Title 19, "Zoning and Development," Chapter 19.80, "Process VI Review," establishes a process and criteria for development regulation amendments. Consistent with Process VI review, the role of the Planning Cornmission is as follows: l. To review and evaluate the proposed development regulation amendments. 2. To determine whether the proposed development regulation amendment meets the criteria provicled by FWRC 19.80.130. 3. To forward a recommendation to City Council regarding adoption of �he proposed development regulation amendment. F. DECISIONAL CRITERIA FWRC 19.80.13U provides criteria for development regulation amendments. The following section analyzes the compliance of the proposed amendments with the criteria provided by FWRC 19.80.130. The city may amend the text of the FWRC only if it finds that: l. The proposed amendment is consistent with applicable provisions of the comprehensive plan. Staff Response — The proposed code amendment is consistent with the following land use chapter policies: LUP4 —Maximizes e�ciency of the clevelopment reviewprocess. LUP6— Conduct regular reviews of the development regulations to determine how to improve upon the permit review process. Appraisal Requirements within the "Surface Water Management," "Subdivisions." and "Zoning and Development Code" File #10-100305-UP Planning Commission StaffReport 92 Page 3 of4 ��H��IT I- P��� � 0��?� 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. Staff Response — The proposed amendment bears substantial relationship to public welfare as it provides a consistent appraisal requirement and rnaintains professional standards for those who conduct such appraisals. 3. The proposed amendment is in the best interest of the residents of the city. Staff Response — The proposed amendment is in the best interest of the city as it requires appraisals submitted to the city to be prepared by state-certified appraisers. G. STAFF RECOMMENDATION As shown in E�ibits A, B, C, and D, staff recommends replacing appraisal language in Title 16, "Surface Water Management"; Title 18, "Subdivisions"; and Title 19, "Zoning and Development Code" with a consistent requirement which includes the removal of MAI certification requirements. Staff proposes all appraisals required in the above-referenced FWRC titles be conducted by a state certified appraiser. Such a requirement will provide consistency and a professional standard throughout applicable sections of the FWRC. Further, the proposed amendment provides a codified requirement as a substitute for the ambiguous existing language, "... source acceptable to the ciTy." Staff also recommends the removal of existing code language allowing the director (Community Development Services, Public Works, or Parks) to require a second appraisal if inaccurate or inappropriate as shown in E�ibits A, B, C, and D. As such an option has not been used in the past and the proposed code amendment would require state certification (highest level of competency), staff finds the second appraisal qualifying language unnecessary. Further, directors can require an appraisal be corrected if it is determined to be inaccurate or inappropriate. H. PLANNING COMMiSSION ACTION Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding the proposed development regulation amendments: 1. Recommend to City Council adoption of the FWRC text amendments as proposed; 2. Modify the proposed FWRC text amendments and recommend to City Council adoption of the FWRC text amendments as modified; 3. Recommend to City Council that the proposed FWRC text amendments not be adopted; or, 4. Forward the proposed FWRC text arnendments to City Council without a recommendation. K�.\:009 Code AmendmentsWDU and Ap{xaisal Clarification�Planning Commission\AppraisahStaff Repon and Proposed Code LanguageWppraisal StaffReport.doc Appraisal Requirements within the "Surface Water Management," "Subdivisions." and "Zoning and Development Code" File #10-100305-UP Planning Commission Staff Report 93 Page 4 of 4 ��������L� ���� � a�� EXHIBIT A Federal Way Revised Code Title 16, "Surface Water Management" 16.15.010 Regulated activities. The following activities are subject to the provisions of this title, ••�'°�° °°°m^*°� �°'°�: (1) New development. (a) Single-family residential or small site development works; (b) Projects that add 5,000 square feet or more of new impervious surface; (c) Projects that propose to construct or modify a drainage pipe/ditch that is 12 inches or more in size/depth, or receives surface and stormwater runoff from a drainage pipe/ditch that is 12 inches or more in size/depth; or (d) Projects that contain or are adjacent to a floodplain, stream, lake, wetland, closed depression, or other environmentally sensitive area as defined by FWRC Titles 14 and 15. (2) Redevelopment, as defined in this title (and as also defined in FWRC 19.30.120), which meets or exceeds one of the following thresholds or criteria: (a) Creation or addition of impervious surfaces having an area of 5,000 square feet or more; (b) Construction or replacement of a building footprint or other structure having a surface area of 5,000 square feet or more, or which involves the expansion of a building footprint or other structure by 5,000 square feet of surface area or more; (c) Repair or replacement of 5,000 square feet or more of an impervious surface, when such redevelopment is not part of a routine maintenance activity; (d) Collection and concentration of surface and stormwater runoff from a drainage area of more than 5,000 square feet; (e) Projects which contain or directly discharge to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area determined by the public works director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; (� Projects that involve a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s) " means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; (g) Redevelopment other than normal maintenance or other than tenant improvements, but including any increase in gross floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value ����'��^'�°T�°r �� ^� of the structure or improvement being redeveloped. The appraisal shall be conducted by a state-certified appraiser; or (h) Redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem, as determined by the public works director based on a map, plan, water quality monitoring data or a written policy in existence or implemented by the director prior to submission of a redevelopment application determined to trigger application of this subsection, where the director determines that the redevelopment requires additional specific controls to address the documented water quality problem. (Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-6.) Page 1 of I K:�2009 Code Amendments\ADU and Appraisal Clarification�Planning CommissionWppraisa�Stafl Repon and Proposed Code Language\Exhibit A Surfatt Wattt Management t6. i5.Ol0.doc 94 ������� � �����c��� EXHIBIT B Federal Way Revised Code Title 18, "Subdivisions" 18.55.060 Open space and recreation. (1) For the purpose of this chapter, open space shall be described in the following categories: (a) Usabde open space. Areas which have appropriate topography, soils, drainage and size to be considered for development as active recreation areas. (b) Conservation open space. Areas containing special natural or physical amenities or environmentally sensitive features, the conservation of which would benefit surrounding properties or the community as a whole. Such areas may include, but are not limited to, stands of large trees, view corridors or view points, creeks and streams, wetlands and marshes, ponds and lakes or areas of historical or archaeological irnportance. Conservation open space and usable open space may be, but are not always, mutually inclusive. (c) Buffer open space. Areas which are primarily intended to provide separation between properties or between properties and streets. Buffer open space may, but does not always, contain usable open space or conservation open space. (d) Severely constrained open space. Areas not included in any of the above categories which, due to physical characteristics, are impractical or unsafe for development. Such areas may include but are not limited to steep rock escarpments or areas of unstable soils. (2) All residential subdivisions, except for cottage housing, and zero lot line townhouse development, shall be required to provide open space in the amount of 15 percent of the gross land area of the subdivision site. Open space requirements for zero lot line townhouse development are found in FWRC 19.205.010 and open space requirements far cottage housing are found in FWRC 19.250.070 and 19.250.080. Except for subdivisions created under FWRC 18.55.040, and small lot detached development created urider FWRC 18.25.030, a fee-in-lieu payment may be made to satisfy open space requirements at the discretion of the parks director after consideration of the city's overall park plan, quality, location, and service area of the open space that would otherwise be provided within the project. If the city determines that the location, quality, or extent of the required project open space, particularly on smaller plats, short plats, or other divisions of land, would not fulfill the intent or purpose of useful common open space, a payrnent of an equivale�t fee-in-lieu of the required project open space shall be paid. The fee-in-lieu of open space shall be calculated on 15 percent of the most recent assessed value of the property. In the absence of an assessment, the market value shall be based on an appraisal conducted by a state- certified real estate appraiser. If the applicant offers to pay money in lieu of open space, and if the city accepts the offer, the amount shall be determined based upon the square footage of open space which otherwise would have been required to be provided, times the then current market value per square foot of similarly situated property. For lots within an existing subdivision, where open sp�ce was already dedicated or a fee-in-lieu paid, the percent of open space required will be the difference between the open space dedicated prior and 15 percent. Any fees collected shall be utilized within the park comprehensive plan planning area that the subject property falls within, unless the applicant by voluntary agreement directs the expenditures of such fees in a different planning area. Open space created through small lot detached development shall be protected from further subdivision or development by covenants filed and recorded with the final plat of the subdivision. All usable open space must be readily identifiable with the development and easily accessible by the residents. Usable open space should be the central focus and an amenity for the project. Page 1 of 2 K-�2009 Code AmendmentsVlDU and Appmisal Clarification�Planning CommissionWppraisal4Staff Repon and Proposed Code Language\E�chibit B Subdivisions 18.55.060.doc 95 ��C���l�' � R�►�� ���.� (3) Any combination of open space types may be used to accomplish the total area required to be reserved as follows: Open Space Category % of Gross Land Area Usable 10% minimum Conservarion No maximum or minimu 8uffer 2% maximum Constrained 2% maximum An administrative alteration of the open space category percentage requirements within the above categories may be made by the parks director on a case-by-case basis, but in no case shall the combination of categories total less than 15 percent unless otherwise provided for in FWRC 18.45.010. Review and approval of such cases shall be based on the following considerations: (a) The change in percentage requirements would result in a superior open space plan than could be accomplished under the standard percentage requirements. (b) The availability and types of open space located within the immediate area. (c) The presence on site of environmental features that are unique, rare or of local importance. (d) The opportunities for the preservation of significant views and creation of public access points of interest. (e) The relationship of the proposed open space to the city's park plan. (4) Open space which is part of an adopted parks, recreation, trails or open space plan may be dedicated to the city for such purposes. (5) Open space not part of an adopted parks, recreation, trails or open space plan shall be owned in common undivided interest by all property owners within the land division as members of a homeowners' association or corporation as set out in a declaration of covenants and restrictions, and approved by the city. (6) Subject to approval by the city, ownership in open space may be transferred to a special interest group or organization which shall assume the responsibility of maintaining the open space for its intended purpose. (Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 98-330, § 3, 12-IS-98; Ord. No. 98-309, § 3, i-6-98; Orii. No. 97-291, § 3, 4-i-97; Ord. No. 90-41, § l(16.25U.10 —16.250.60), 2-27-90. Formerly 20-155. Code 2001 § Z0-156.) Page 2 of 2 K.\2009 Code Amendments�ADU and Appraisal Clarification�Planning CommissionWppraisai\StafT Repon and Proposed Code Language\Exhibit B Spbdivisions 18.55.060.doc 96 EXHIBIT C Federal Way Revised Code Title 19, "Zoning and Development Code" �������` � �'�� � � C� r 2� 19.30.080 Nonconforming use. (1) Any nonconforming use must be ternunated if: (a) The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the nonconforming use; (b) Other than as specified in subsection (1)(a) of this section, the applicant is making changes or alterations or doing work, other than normal maintenance, in any one consecutive 12-month period to any structure that houses or supports the nonconfornung use and the fair market value of that change, alteration or work exceeds 15 percent of the assessed or appraised value of that structure. �te-a�ksa�� . The appraisal must be from a se�rse state-certified real estate appraiser. 'i"'� ~��'�� a �°����''� . , ; (c) The subject property has been abandoned. (2) Subsections (1)(a} and (b) of this section do not apply to expansions or alterations to a structure that houses or supports a nonconfornung use when the purpose is to establish, expand, or alter a conforming use. (Ord. No. 06-515, § 3, 2-7-06; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 97-307; § 3, 12-16-97; Ord. No. 92-144, § 3(165.35(2)), 6-16-92; Ord. No. 92-135, § 3(16535(2)), 4-21-92; Ord. No. 91-113, § 4(165.35(2)), 12-3-91; Ord. No. 90-43, § 2(16535(2)), 2-27-90. Code 2001 § 22-332.) 19.30.090 Nonconforming development. (1) If any aspect, structure, improvement or development does not conform to the development regulations prescribed in this title, that aspect, structure, improvement or development must be brought into conformance or otherwise improved as set forth below. (a) Change of use — Single-tenant site. If any applicant proposes a change of use on property used or occupied by a single tenant or use, the applicant shall meet those provisions determined by the director to be reasonably related and applicable to the change of use. These provisions shall apply to the entire site. (b) Change of use — Multi-tenant site. If an applicant proposes a change of use on only a portion of property occupied by multiple tenants or uses, the applicant shall meet those provisions determined by the director to be reasonably related and applicable to the change of use. These provisions shall apply only to that geographic portion of the site related to the use or tenant space on which the change is proposed. (c) Increase in gross floor area. If an applicant proposes to increase the gross floor area of any use on the subject property in any one of the following ways, the applicant shall comply with the development regulations in effect at the time of the proposal, as specified below: (i) If expansion of gross•floor area of an existing building occurs either through addition of new floors within the structure or enlargement of the existing building footprint, the applicant shall comply with all development regulations in effect at the time the expansion is proposed. If the property on which the expansion is proposed is occupied by multiple tenants or uses, the applicant shall comply with those development regulations applicable to the geographic portion of the site on which the expansion is proposed; or Page 1 of 10 K:V.009 Code Amendments�ADU and Appraisal ClarificazionCPlanning CommissionWppraisal�a�FRepon and Proposed Code Language\Exhibit C Chapter 19.30 Nonconformxe.doe �������' � ����_�t�� � (ii) If a new and separate structure is being constructed on an already developed site, the applicant shall comply with all development regulations applicable to the geographic portion of the site on which the new structure and any related improvements are to be constructed; or (iii) If the increase in gross floor area involves an existing single-family residential dwelling, the applicant shall comply with the development regulations in effect at the time of the proposal. For single-family residences, existing nonconformities may remain and continue so long as the existing nonconformities are not being increased or expanded in any way. New construction or renovation which involves the increase in gross floor area of a nonconforming single-family structure is subject to all applicable requirements of this Code including but not limited to provisions related to critical areas (FWRC Title 19, Division V), off-street parking (Chapter 19.130 FWRC), improvements (Chapter 19.135 FWRC), and landscaping (Chapter 19.125 FWRC). (iv) If the increase in gross floor area involves an existing single-story building in the city center that is nonconforming as to the ground floor size limits established in Chapter 19.225 FWRC, the existing building footprint shall not be enlarged, except the director may approve minor additions such as entry structures, lobbies, seating or dining areas, bay windows, and similar features; provided, that such addition(s) shall not exceed 1,000 square feet per building in any one consecutive 12-month period, and shall not increase the extent of any other nonconformance. (d) Abandonment. If an applicant proposes any work, including tenant improvements, on property that has been abandoned, the applicant shall comply with all development regulations applicable to the subject property, to the extent physically or technically practicable on the site. (e) The use conducted on the subject property has ceased for more than one year, in which case the applicant shall repair and/or restore the improvements on the site (e.g., drainage, landscaping, curbing, parking, parking lot landscaping, etc.) to a condition as near as physically possible to the condition required by the requirements of approval of the existing development. ( fl The applicant is making any alteration or changes or doing any work, other than normal maintenance, tenant improvements, or minor additions noted in subsection (1)(c)(iv) of this section, in any one consecutive 12-month period to an improvement that is nonconforming and the fair market value of the alteration, change or other work exceeds 50 percent of the assessed or appraised value of that improvement. . The appraisal must be from a ° -�*^'�'° *^ *'�° ^�*�� state-certified real estate appraiser. � . a:._.,�.,. .. � °�•�� ° *_'_'° ' """"++^ »� '_R»'-- "rr ---- ' --- - . � +�,e �.,,.,.e,. „c+�,o �...,. .,,,..,,,,,,+� ��,.,�i �,o ,,�oa- � the event this subsection is triggered with respect to a single-tenant or single-occupant site, the applicant shall meet all development regulations applicable to the property. In the event this subsection is triggered with respect to a site occupied by multiple tenants or uses, the applicant shall comply with those development regulations applicable to the geographic portion of the site on which the alteration, change or improvement is proposed. For purposes of �s-determining value under this section, improvements required pursuant to this section (nonconforming development), FWRC 19.30.110 (when public improvements must be installed), 1930.120 (nonconforming water quality improvements) and 19.135.030 (when public improvements must be installed) shall not be counted towards the 50 percent threshold which would trigger application of this subsection. (2) This section does not govern application of Chapter 19.115 FWRC, Community Design Guidelines; application of Chapter 19.115 FWRC is governed by FWRC 19.115.010 through 19.115.100, as amended. This section also does not govern application of development regulations relating to water quality, signs, or streetlsidewalk improvements; application of those development regulations is governed by FWRC 19.30.100, 19.30.110, 19.30.120 and 19.135.020, all as amended. (Ord. No. 06-515, § 3, 2-07-06; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 02-420, § 3, 7-2-02; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 92-144, § 3(165.35(4)), 6-16-92; Ord. No. 92-135, § 3(16535(4)), 4-21-92; Ord. No. 91-113, § 4(16535(4)), 12-3-91; Ord. No. 90-43, § 2(16535(4)), 2-27-90. Code 2001 § 22-334.) Page 2 of 1-0 K:�2009 Code Amendments\ADU and Appraisal Clarification\Planning CommissionlAppraisal$�'f' Report and Proposed Code Language�Exhibit C Chapter 19.30 Nonconformace.doc ������� 19.30.100 Nonconforming signs. ����� � � ���1�. (1) Purpose. In order to ease the economic impact of this Code on businesspersons with substantial inveshnent in signs in existence on the date of adoption of this Code, or on the date of annexation if located in areas annexed to the city thereafter, this section provides for up to 10 years of continued use of a nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this 10-year time period and/or may be amortized for federal income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the application of this section. (2) Definitions. A"nonconforming sign " means any sign as defined by FWRC 19.05.190 which was legally in existence on the effective date of this Code, February 28, 1990, or on the date of annexation if located in areas annexed to the city thereafter, but which does not comply with the sign regulations of Chapter 19.140 FWRC, Signs, or any other sections of this Code. Any words, terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in Chapter 19.05 FWRC. (3) Legal nonconformance. (a) Eligibility. Any nonconforming sign located within the city limits on the date of adoption of this Code, February 28, 1990, or on the date of annexation if located in areas annexed to the city thereafter which does not conform with the provisions of this Code, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: (i) The sign was covered by a sign permit on the date of adoption of this Code, if one was required under applicable law; or (ii) If no sign permit was required under applicable law for the sign, the sign was in all respects in compliance with applicable law on the date of adoption of this Code. (b) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the provisions covering loss of legal nonconforming status and other limitations set forth in this section. (c) Exclusions. Except for billboards, off-site signs, and roof signs, prohibited signs as defined in FWRC 19.140.130 shall not be eligible for characterization as legal nonconfornung signs and must be removed upon notification by the city. (4) Notice of determination. {a) Required. After the city conducts a sign inventory, the city shall analyze whether each sign complies with the sign regulations of Chapter 19.140 FWRC, Signs, or any other sections of this Code, and shall issue a notice of determination which specifies whether the sign complies or not. If a sign conforms to this title, it shall be issued a registration sticker. If a si� is determined to be legally nonconforming, the sign will be issued a sign inventory sticker and shall be amortized pursuant to subsection (5) of this section. Signs that do not comply with the sign regulations of Chapter 19.140 FWRC, Signs, or any other sections of this Code or are not eligible for characterization as legal nonconforming signs must be removed upon notification by the city. (b) Necessary information. The information associated with a sign and its sign inventory number sha11 consist of the name and address of the sign user, the sign owner, and the owner of the property upon which the sign is located, information about the sign, such as sign type, area, height, dimensions, location, a photo of the sign, and such other pertinent information as the director may require to ensure compliance with the Code, which may include proof of the date of installation of the sign. (5) Amortization. All legal nonconforming signs shall be discontinued and removed or made confornung within 10 years from the effective date of this Code, on or before February 28, 2000, or within 10 years of the effective date of annexation if located in areas annexed to the city thereafter. Upon the expiration of the amortization period, the sign shall be brought into conformance with this Code, with a permit obtained, or be removed. A sign prohibited pursuant to FWRC 19.140.130 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. (6) Extension or exemption from amortization period. (a) Applicability. This subsection applies to any sign which is required to be removed pursuant to subsection (5) of this section following expiration of the amortization period. Page 3 of l0 K�2009 Code Amendments4lDU and Appraisal Clarification\Planning Commission\Appraisal�t�ff Repon and Proposed Code Language�Exhibit C Chapter 1930 Nonconfom�ace.doc G�� � � ����� � � � �� ,-..1�� 1'�" � �-�.: y P�', r����:a,. (b) Purpose. A sign amortization exemption or extension is a mechanism by which the city may provide relief from the effect of the sign amortization program when its enforcement would fail to noticeably improve the appearance of the neighborhood and the city and when a hardship would result from its enforcement. (c) Who may apply. The property owner or the person displaying the sign which is required to be removed pursuant to subsection (5) of this section may apply for a sign amortization extension or exemption. (d) Decisional criteria. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all of the following criteria: (i) The sign is compatible with the architectural design of structures on the subject property; (ii) The sign substantially complies with the requirements of the sign code for the land use district in which it is located. For purposes of this subsection, "substantial compliance" means that the height of the sign is within 10 percent of the sign height required by Chapter 19.140 FWRC and that the sign area of the sign is within 20 percent of the sign area required by Chapter 19.140 FWRC. Minor deviations from these percentages may be approved by the administrator if he or she concludes that the resulting sign is harmonious with the character of the primary structures on the subject property and with the signs and structures on surrounding properties; (iii) The enforcement of this Code would result in a substantial hardship to the applicant due to the size, shape, topography, location or surroundings of the subject property and such hardship was not created by any action of the applicant; (iv) The sign complies with the city's minimum sign distance at intersection requirements pursuant to FWRC 19.135.300 et seq.; (v) If illuminated, the sign is oriented away from residentially developed or zoned property or is adequately screened so that the source of light is not directly visible; (vi) It is consistent with the city's comprehensive plan; and (vii) It is consistent with the public health, safety and welfare. (e) Appdicable procedure. Except as otherwise provided by this subsection (6), the city will process an application for a sign amortization exemption or extension through process I of this Code. (7) Loss of legal nonconforming sign status. All legal nonconforming signs shall be immeciiately removed or modified to conform to all the provisions of this title, and a new permit secured therefor, and such legal nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: (a) Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconforming sign is associated. (b) Other alterations. The applicant is making any change, alteration or performing worlc other than normal maintenance or other than tenant improvements, in any 12-month period, to any structure that houses or supports the use with which the legal nonconforming sign is associated and the fair market value of those changes, alterations or other work exceeds 25 percent of the assessed value of that structure as determined by the King County assessor. (c) Abandonment or business cessation. The subject property containing the sign is abandoned for 90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive days. (d) Sign alterations. The applicant is making changes, alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's • identi�cation sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation. (e) Change in use. There has been a change in use on the subject property as that term is defined by FWRC 19.05.030. ( fl Change in tenant. There has been a change in tenant or business on the subject property. Page 4 of 10 K��2009 Cock AmendmentsWDU and�Appraisal Clarification\Planning Commission\AppraisaZ�OReport and Proposed Code Lenguage�Exhibit C Chapttt 1930 No�onformace.doc E�C���lT�_____ ���� �2 �� � In connection with any multi-use or multi-tenant complex, the foregoing events which require that a legal nonconforming sign be either removed or brought into conformance with this Code shall apply only to the individual owner's or tenant's building-mounted or freestanding signs who has triggered the elimination of the legal nonconformance and not to the other signs located on the subject property, including any copy change in a center identifcation or tenant directory sign in order to include such tenant's name. (g) Expiration of amortization period. All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code, on or before February 28, 2000, or within 10 years of the effective date of annexation if located in areas annexed to the city thereafter. (8) Historic signs. Nonconforming on-site historical signs may be retained through process IV of this Code, if the sign is determined to be of historic significance by satisfying all of the following criteria: (a) The sign is used in connection with a building which has been designated as a historic building pursuant to any federal, state or local preservation authority; (b) The subject sign or signs are substantially unchanged or unaltered since initial installation; (c) The subject sign or signs are a good example of the prevailing signage during the period in time it was installed; and (d) The subject sign or signs have been well maintained and are not materially detrimental to the public health, safety and welfare. (9) Govemment acquisition of property for right-of-way. (a) A sign that becomes nonconforming with respect to its setback from the edge of a public right-of-way as a result of a local, state, or federal government acquisition of property for right-of-way expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the requirements of subsection (9)(c) of this section. (b) The city may, using process I, allow the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the following criteria: {i) The enforcement of this Code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required setback, and such hardship was created solely by local, state, or federal government acquisition of property for right- of-way expansion and not by any action of the applicant; (ii) The sign is not prohibited by FWRC 19.140.130 and, except for location within a required setback, complies with all other requirements of Chapter 19.140 FWRC; (iii) The sign complies with the city's minimum sight distance at intersection requirements pursuant to FWRC 19.135.300 et seq.; and (iv) Location of the sign with a required setback is otherwise consistent with the public health, safety, and welfare. (c) Loss of legal nonconforming sign status. All nonconforming signs specified in subsections (9)(a) and (b) of this section shall be immediately removed or modified to conform to all the provisions of this title, and a new permit secured therefor, and such nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: (i) The applicant is making any changes, alterations, or performs any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that any copy change in a center identification or tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation; except that a legal nonconforming sign may be relocated without losing its legal nonconforming status and eligibility for the 10-year amortization period so long as all of the following conditions are met: (A) the sign is under threat of eminent domain and the subject of a consent decree or settlement agreement executed with a local, state, or federal government; (B) the consent decree or settlement agreement was executed and filed with the court or recorded prior to the effective date of annexation; (C) the consent decree or settlement agreement does not compensate the owner of the sign for bringing the sign into conformance with the provisions of this title; (D) the owner of the sign applies for a Page 5 of 10 K:\2009 Code AmendmenuWDU and Appraisal Clarification�Planning CommissionWppraisa�9 hi 1�G Repon and Proposed Codc Language�Exhbit C Chapter 19.30 Nonwnfom�ace.doc �������.,._.l_.__ �-����..�� �� � permit to relocate the sign within six months of the date the consent decree or settlement agreement was filed; and (E) the owner makes no changes to the sign that increase the nonconformance of the sign; or (ii) The applicant is making any changes, alterations, or performs work other than normal maintenance or other than tenant improvements to any structure or improvement that houses or supports the use with which the nonconforming sign is associated, and the fair market value of those changes, alterations, or other work, in any one consecutive 12-month period, exceeds 75 percent of the assessed or appraised value of that structure or improvement IT��Eet�rt�--�ssess�e�. 'T''�° ��„';^^�* """' , ;a° ^ °^' ^�*'�° °*•^ ° °„+, The appraisal must be from a� state-certifiedreal estate appraiser.'T''� �':._�.�: :� - °�•���°+'�° °�",;"""++" ...� '_y----- - °rr---- - . � *'�°'^r^°� ^�«'�° ��,^ �-��„ '° �"�"'�° „ �°a, For purposes of determining value under this subsection, improvements required pursuant to FWRC 19.30.090 (nonconforming development) and/or 19.30.110 (street/sidewalk improvementsj shall not be counted towards the 75 percent threshold, which would trigger application of this subsection. (d) Exemption. The city may elect not to apply any provision of this section if the removal of a sign would require the city to pay compensation under any federal, state or other law, including Chapter 47.42 RCW. (Ord. No. 09-595, § 9, 1-6-09; Orel. No. OS-486, § 3, 4-19-05; Ord. No. 04-468, § 3, 11-16-04; Ord. No. O1-398, § 1, 7-17-01; Ord. No. 99-357, § 4, 12-7-99; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 95-235, § 3, 6-6-95; Ord. No. 92- 144, § 3(16535(5)), 6-16-92; Ord. No. 92-135, § 3(165.35(5)), 4-21-92; Ord. No. 91-113, § 4(165.35(5)), 12-3-91; Ord. No. 90-43, § 2(165.35(5)), 2-27-90. Code 2001 § 22-335.) 19.30.120 Nonconforming water quality improvements. This section sets forth the standards when and under what circumstances a structure, improvement, development, or property that does not conform to the development regulations in FWRC Title 16 relating to water quality must be brought into compliance with the development regulations in FWRC Title 16 pertaining to water quality. (1) Redevelopment. Any person proposing to redevelop a structure, improvement, development or property must bring that structure, improvement, development or property into compliance with the development regulations in FWRC Title 16 pertaining to water quality, where the proposed redevelopment meets or exceeds the thresholds set forth below. For the purposes of this section, "redevelop" or "redevelopment" means, on an already developed site: the creation or addition of impervious surface; the expansion of a building footprint or addition or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction or remodeling, where the structural development exceeds 50 percent of the assessed or appraised vaiue of the structure or improvement being redeveloped; the repair or replacement of impervious surface that is not part of a routine maintenance activity; a change of use which has a potential to release a new pollutant(s) to the city's surface water systems; or land disturbing activities associated with impervious redevelopment. The a�praisal must be from a state certified real estate appraiser. (a) Redevelopment which involves the creation or addition of impervious surfaces having an area of 5,000 square feet or more; (b) Redevelopment which involves the construction or replacement of a building footprint or other structure having a surface area of 5,000 square feet or more, or which involves the expansion of a building footprint or other structure by 5,000 square feet of surface area or more; (c) Redevelopment which involves the repair or replacement of 5,000 square feet or more of an impervious surface, when such redevelopment is not part of a routine maintenance activity; (d) Redevelopment which involves the collection and/or concentration of surface and/or stormwater runoff from a drainage area of 5,000 square feet or more; (e) Redevelopment which contains or directly discharges to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area deteimined by the public works director, based on a written map, policy, water quality monitoring data or plan in existence Page 6 of 10 K:\2009 Code AmendmentsWDU and Appraisal Clarification�Planning Commission\Appraisa��Report and Proposed Code Language\Exhibit C Chapter 19.30 No�uonfornrce.doc G�� � � ��...J.�..r.�_ ���� � � �� or implemented by the public works director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; ( fl Redevelopment which involves a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s) " means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; (g) Redevelopment, other than normal maintenance or other than the tenant improvements, but including any increase in gross floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement being redeveloped. "'''�° �„,:���+ ��•. Hr�°:a° �^' ^£+b° �~=v:��=.� :`. The appraisal must be from a ° °..*�'�'° *^ *'�° ^;*-, state-certified �eneral appraiser. - r'� �-�' � �--�.� a;,.v,..,,,.. e ,.;.-� +�.� K...... ...., o roa w•, �,�o �:*-, +we „..e�+e-- ��+�.e k=.� � r+� ��.�1�_�,° ,°a. For purposes of determining value , under this section, improvements required pursuant to FWRC 1930.090 (nonconforming development), FWRC 19.30.110 (street/sidewalk improvements), this section (nonconforming water quality improvements) and FWRC 19.135.030 (street/sidewalk improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection; (h) Redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem, as determined by the public works director based on a map, plan, water quality monitoring data or a written policy in existence or imptemented by the public works director prior to submission of a redevelopment application determined to trigger application of this subsection, where the public works director determines that the redevelopment requires additional specific controls to address the documented water quality problem. (2) Timing. All improvements required by this section shall be constructed or installed concurrent with the redevelopment triggering application of this section, unless an applicant for redevelopment opts to pursue incremental construction of required improvements. In that event, the applicant shall develop and submit to the public works director a stormwater management plan detailing all of the improvements required by this section, and proceed according to the following subsections. (a) Extent of construction of required water quality improvements. Where the public works director determines that incremental construction is physically feasible, the applicant shall construct that portion of the required improvements according to the following schedule: % of Redevelopment % of Water Quality Improvements 0-24 25 25 — 49 50 >50 100 Where construction of 100 percent of water quality improvements is required under this subsection, the improvements may be constructed over a period extending no more than five years from the date of approval of the redevelopment. A person choosing to utilize such extended construction shall provide, prior to approval of the stormwater management plan, a performance bond and bond agreement that: (i) Have a term equal to the construction schedule proposed in the plan; and (ii) Comply with the applicable requirements of Chapter 19.25 FWRC, as amended. (b) Incremental construction not feasible. Where the public works director determines that incremental construction is not physically feasible, 100 percent of the required water quality improvements must be installed, concurrent with the redevelopment. (c) Cadculation of redevelopment value. For purposes of calculating the value of redevelopment in order to apply subsection (2)(a) of this section, the public works director shall consider the cost of the proposed redevelopment as a percentage of the assessed or appraised value �•�����"°��°� ;� �-•'°^'°-'` of all Page 7 of 10 K:\2009 Code Amendmems\ADU and Appraisal Clarification\Planning Commission�Appraisal��Report and Propoud Code I,anguage�Exhibit C Chapter 1930 Nonconformace.doc .� i l / structures on the subject property. T� ^r � ��� ; �� :* �,�+ �° r Y�a �_. "r TiT A T� ,-..;�o,- � YY` u,�.,, ° ���:° �^ ��° ��*�� „ a ��a � ra ��•'�-r�**°a'��� *'�° „'� ^*. The appraisal must be from a state u..��.t, �. .. � .. certified real estate appraiser. (d) Subsequent redevelopment. Whenever any person seeks approval for redevelopment on property for which incremental construction of required water quality improvements was previously authorized pursuant to this subsection (2), any additional water quality improvements to be required shall be determined by application of the schedule in subsection (2)(a) of this section based on the stormwater management plan prepared as part of the first request for authorization of incremental construction. If water quality requirements have changed since preparation of the initial stormwater management plan, a new plan shall be prepared detailing improvements required to comply with any existing and new requirements, and the schedule in subsection (2)(a) of this section shall also be applied to the new plan. (3) Location of water qualiry improvements. A person proposing redevelopment on a property or site having a Federal Way comprehensive plan designation of CC-F (City Core — Frame) or CC-C (City Core — Center) may construct water quality facilities required by this section below grade. (Ord. No. 09-595, § 8, 1-6-09; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 92-144, § 3(165.35), 6-16-92; Ord. No. 92-135, § 3(16535), 4-21-92; Ord. No. 91-113, § 4(16535), 12-3-91; Ord. No. 9�- 43, § 2(165.35), 2-27-90. Code 2001 § 22-337.) 19.30.130 Special provisions for residential uses. If the subject property contains a residential use that became nonconforming as to use or density as a result of the adoption of this title, the following regulations apply: (1) If the improvements on the subject property are darnaged or destroyed by any sudden cause, the structure may be rebuilt; provided, that the number of dwelling units and the gross floor area in and on the subject property may not be increased from that which existed immediately prior to the damage or destruction and any other nonconformity of or on the subject property may not in any way be increased. The provisions of this subsection are only available if the applicant applies for a building permit within 12 months after the sudden damage or destruction and construction is commenced and completed under that building permit. (2) Other than as specified in subsection (1) of this section, the nonconforming use or density must be corrected if the applicant is making changes, alterations or doing other work, other than normal maintenance, in any 12-month period to any structure on the subject property containing multi-unit housing (attached and/or stacked dwelling units) and fair maxket value of these changes, alterations or other work exceeds 50 percent of the assessed or appraised value of that multi-unit structure. �e �'�^�~+ ~~°•• ~- °' ��+"° � ° °-�+. The appraisal must be from a � state-certified real estate appraiser. . , °`+'�° ���� �-��••�`� �'��"'-° •��°a. Changes, alterations, additions or other work is subject to all applicable requirements of this Code including but not limited to provisions related to critical areas (FWRC Title 19, Division V), off-street parking (Chapter 19.130 FWRC), improvements (Chapter 19.135 FWRC), and landscaping (Chapter 19.125 FWRC). (3) Other than as specified in subsection (1) of this section, the nonconforming use or density must be corrected if the applicant is making changes, alterations, adding improvements or doing other work other than normal maintenance, in any 36-month period, on the subject property containing a single-family use and fair market value of these changes, alterations, additions or other work exceeds 75 percent of the assessed or appraised value of that single-family structure. Changes, alterations, additions or other work must comply with all bulk, dimensional and other development requirements for a single-family detached dwelling located in the RS 7.2 zone (FWRC 19.200.010). ''''�° ��'���„+ � ''`'° ^ °' �°`''° Page 8 of 10 K:�2009 Code Amendments\ADU and Appraisai Clarification\Planning CorrvnissionWppraisall� Report and Proposed Code Language\Exhibit C Chapter 1930 Nonconfomace.doc E�CHI���T � ����� �� �� � a� +� �+- +�� ��r�-� ��'+�� +,_,� n+� ��^�� "� °a The appraisal must be from a state `1 J J � b Y certified real estate appraiser. Changes, alterations, additions or other work is subject to all applicable requirements of this Code including but not limited to provisions related to critical areas (FWRC Title 19, Division V), off-street parking (Chapter 19.130 FWRC), improvements (Chapter 19.135 FWRC), and landscaping (Chapter 19.125 FWRC). (Ord. No. 04-468, § 3, 11-16-04; Ord. No. 02-419, § 3, 7-2-02; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 92-144, § 3(165.45), 6-16-92; Ord. No. 92-135, § 3(165.45), 4-21-92; Ord. No. 91-113, § 4(165.45), 12-3-91; Ord. No. 90- 43, § 2(165.45), 2-27-90. Formerly 22-339. Code 2001 § 22-338.) 19.30.160 Special provisions for compliance with government regulations. The provisions of this section will be followed regardless of any conflicting regulations of this chapter. Any regulations of this chapter which do not conflict with the provisions of this section are unaffected by this section. (1) Oil tanks. Any excavation, development activity or construction performed to comply with the "Underground Storage Tanks; Technical Requirements and Sta.te Program Approval; Final Rules" (40 CFR 280 and 281), as now existing or as hereafter amended or with the provisions of Chapter 90.76 RCW, or any regulations adopted thereunder, may not be used as the basis, or part of the basis, for requiring that nonconformance on the subject property be corrected. (2) Governmental acquisition of property for right-of-way expansion. A proposal for structural alterations or change in use shall not trigger a requirement otherwise applicable under FWRC 19.30.090 that an applicant correct an existing nonconformance as to lot coverage, minimum lot size, parking, landscaping, or setback requirements, if the nonconformance was created solely by a local, state, or federal government acquisition of property for right-of-way expansion, and if the proposal meets the following requirements: (a) The nonconformity is not, in any way, enlarged, expanded, increased, intensified, compounded, or in any other way made greater; (b) The applicant is making any alterations or changes or doing any work, other than tenant improvements and the fair market value of the alteration, change or other work, in any one consecutive 12-month period, does not exceed 75 percent of the assessed or appraised value of the improvement. �e . The appraisal must be from a s�a�s state-certi�ed real estate appraiser. T'� '�" ''°_'°,""' °"+ "° °" `':"'°"+"" � r' a �- +� •�-, +�� , �--�-�r ��'+�� +.-.� � �4n �� �� �° , °a For purposes of determining value under this subsection, improvements required pursuant to FWRC 19.30.090 (nonconforming development) and/ or 19.30.110 (street/sidewalk improvements) shall not be counted towards the 75 percent threshold which would trigger application of this subsecrion; and (c) The proposal is otherwise consistent with the public health, safety, and welfare. (3) Other government regulations. Other than as specified in subsection (1) of this section, the city may, using process N, exempt a property or use from any of the requirements of this chapter if: (a) The actions or events which form the basis of requiring that nonconformance on the subject property be corrected are necessitated solely to comply with local, state or federal regulation; (b) The actions necessitated to comply with those regulations will not significantly extend the expected useful life of the nonconforming aspect; and (c) The public benefit of complying with the local, state or federal regulation clearly outweighs the public benefit in correcting the nonconformance. (Ord. No. 04-468, § 3, 11-16-04; Ord. No. 01-398, § 2, 7-17-01; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 92-144, § 3(165.50), 6-16-92; Ord. No. 92-135, § 3(165.50), 4-21-92; Ord. No. 91-113, § 4(165.50), 12-3-91; Ord. No. 90- 43, § 2(165.50), 2-27-90. Formerly 22-340. Code 2001 § 22-339.) Page 9 of 10 K:�2009 Code AmendmentsWDU and Appraisal Clarification�Planning Commission\AppraisW�Jta�f Report and Proposed Code Language�Exhibit f Chapta 19.30 No�rconformace.doc ������� / ..��.. PAGE �7 �� � 19.30.200 Special provision for damaged improvements. If a nonconforming improvement is damaged by sudden accidental cause, that improvement may be reconstructed only if it meets the following requirements and not otherwise: (1) The cost of reconstructing the damaged improvement does not exceed 75 percent of the assessed or appraised value of that improvement prior to the damage; except that no cost limit applies to the reconstruction of damaged improvements in the city center core and frame, and the director may require minor upgrades to the rebuilt improvements that are intended to achieve a greater level of compliance with the site and design guidelines in this title; and provided, that the upgrades are reasonably related to the improvement(s) and proportional to the reconstruction costs. T'� �';"""+ ""'° "" "''° ""YY"" "' � .. „. �...� .� • :?::�?:'.:��'��_.. aw___ � The appraisal must be from a �a ��:..� ... ......°"*^�'�`° ':�t.: » �. �t,..�,.-- fi�e-s� state-certified real estate appraiser. '�''� ' ; '' ' r "'°"� ''"'°"`^" "� "° ° �'"° . � ..�� �,.,,,, ,..m , ea (2) The improvement, as reconstructed, is not any more nonconforming than it was immediately prior to the damage. (3) The applicant applies for building and any land use permits to reconstruct the damaged improvement within six months of the date of the damage and recanshucts the improvement pursuant to such permits. (Ord. No. U6-515, § 3, 2-7-06; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 92-144, § 3(165.30), 6-16-92; Ord. No. 92-135, § 3(16530), 4-21-92; Ord. No. 91-113, § 4(165.30), 12-3-91; Ord. No. 90- 43, § 2(165.30), 2-27-90. Code 2001 § 22-343.) Page 10 of 10 K:�2009 Code AmendmenfslADU and Appraisal ClariFication\Planning Commission\Apprais3�� Repon and Proposed Code Language�Exhbit C Chepta' 1930 No�onfomiace.doc E�CI���IT t PAGE �S C�� � EXHIBIT D Federal Way Revised Code Title 19, "Zoning and Development Code" 19.135.030 When public improvements must be installed. (1) The applicant shall provide the improvements required by this chapter if the applicant engages in any activity which requires a development permit, except for the following: (a) The applicant need not comply with the provisions of this chapter if the proposed improvements in any 12-month period do not exceed 25 percent of the assessed or appraised value (based on a state-certified real estate appraiser provided by the applicant) of all structures and land combined on the subject property, whichever is greater, except that if the subject property is equal to or greater than 100,000 square feet in size, the land value shall not be included in the assessed or appraised value used to determine the 25 percent. If the 25 percent threshold is exceeded, public improvements will be required under FWRC 19.135.040 to the extent they are commensurate with the impacts of the development, as determined by the director. (b) The applicant need not comply with the provisions of this chapter if, within the immediately preceding four years, public improvements were installed as part of any subdivision or discretionary land use approval under this or any prior zoning code. (c) The applicant need not comply with the provisions of this chapter if the proposal is to locate a personal wireless services facility (PWSF) on the subject property. (d) The applicant need not comply with the provisions of this chapter if the proposal is for facade improvements only. In addition, the cost of improvements required by Chapter 19.115 FWRC, Community Design Guidelines, shall not be included in the total cost of improvements measured over a 12-month period pursuant to subsection (1)(a) of this section. (e) Tenant improvements, unless the proposed improvements add additional floor area. (� If the requirecl improvement is part of a larger project that has been scheduled for construction in the city's adopted six-year transportation improvement program, the public works director may permit the applicant to fulfill the applicant's obligation under this section by paying to the city the pro rata share of the costs of the required improvements attributable to the development of the subject property, as determined by the public works director. For purposes of determining the applicant's pro rata share, funds received by the city from any federal, state, or local grant for the project shall be excluded from the total cost of the planned six-year transportation improvement. (2) Right-of-way adjacent to and within land divisions must be dedicated and improved consistent with the reguirements of this chapter, unless different requirements are imposed by the city as part of the land division approval process. (3) Ingress/egress and utilities easements or alleys may be permitted subject to the conditions established in the city of Federal Way public works development standards. (Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 02-417, § 1, 3-19-02; Ord. No. 02-414, § 3, 2-19-02; Ord. No. 00-363, § 15, 1-4-00; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(11020), 2-27-90. Code 2001 § 22-1473.) Page 1 of 1 K:\2009 Code Amendments4lDU and Appraisal Clarification�Planning Commission�Appraisal\Staff Report and Proposed Code Language�Exhibit D Development Improvements 19.135.030.doc 1�7 EX�#��1�' � From: Tina Piety ���� �� p� Sent: Wednesday, February 03, 2010 9:03 AM _...._s__,_V�_�Q�- , To: Bill McCaffrey; Bob Cooper; Bob Roper; Brant A. Schweikl; Brett Thomas; Chad Weiser; Chris Carrel; Christine Balyeat; Connie Boyle; Dale A. Roper; Dan Biles; Dan Coxall; Darla Morin; Dave Matafin; Dave Thorstad; Dennis Haneberg; Don Perry; Gareth Roe; Garrett Huffman; Gary Hering; Gary Martindale; Gil Hulsmann; Hans Korve; Haynes Lund; Heidi Swartz; James Pate; Jeff Greene; Jeff Oliphant; Jennifer Dovey; Jerry Heinz; Jim Jordan; John Bowman; John Norris;lon Potter;lulie Ramseth; Koong Cho; Kurt Wilson; Mark Clirehugh; Mark Freitas; Mel Easter; Mike Bailey; Mike Behn; Mike Hovland; Monte Powell; Paul Lymberis; Pau{ Manzer; Peter Townsend; Randy Lloyd; Rick Olson; Rob Aigner; Rob Rueber; Rod Leland; Ron Biesold; Ron Tremaine; Sam Pace; Scott Rhodes; Sheppard Cutler; Sid White; Steve Hammer; Steve Kelly; Tim Atkins; Tim Osborne; Todd Suchan; Tom Barghausen; Tom Pierson; Tom Raymond; Tony Starkovich; Tres Kirkebo Cc: Matt Herrera; Margaret Clark; Greg Fewins; lsaac Conlen; Cary Roe; Ken Miller; Lee Bailey; William Appleton Subject: Notice of Federal Way Planning Commission Attachments: Notice of Public Hearing.doc Hello Federal Way Stakeholders, On February 17, 2010, the Federal Way Planning Commission will hold a public hearing on proposed amendments to the Federal Way Revised Code (FWRC) regarding: Accessory Dwelling Unit (ADU) size calculation; clarification of appraisal requirements; and short subdivision notice requirements. Please see the attached notice for specific information. Please address any questions and/or comments to Associate Planner Matt Herrera at 253-835-2638, or matt.herrera@cityoffederalway.com. _....... _ _ _ Ti,v�cv �i.ety, �I d���ini.�t'rat'we��l�tci.vt.t II Community Development Services City of Federal Way Street: 33325 8th Avenue South Mail: PO Box 9718 Federal Way, WA 98063 253-835-2601; Fax 253-835-2609 108 EXHIBIT E Stakeholders List Updated February 2010 Bob Cooper Lloyd Enterprises Inc. PO Box 3889 Federal Way, WA 98063-3889 bobcnliovdente rpri sesinc. com Chris Carrel Friend of the Hylebos PO Box 24971 Federal Way, WA 98093 ccarre�al,att.blackberry. net Dan Biles SBI Developing PO Box 73790 Puyallup, WA 98373 danb crlsoundbuilthames_.com Kurt Wilson SBI Developing PO Box 73790 Puyallup, WA 98373 (253)539-8116 kurt�a�,soundbuilthnmes. com Darla Morin Harsch Investment Properties 13010 NE 20`� Street, Suite 450 Bellevue, WA 98005 (425)284-5352 darlam�harsch.com Julie Ramseth Harsch Investment Properties 13010 NE 20`� Street, Suite 450 Bellevue, WA 98005 (530)450-0778 julier a�harsch.com Don Perry Lakehaven Utility District PO Box 4249 Federal Way, WA 98063 �eriySa lakehaven.orx Tim Osborne, PE Lakehaven Utility District 31627 1 Avenue South Federal Way, WA 98003 (253)946-5540 tosborne(a'lakeha ven.org John Bowman Lakehaven Utility District PO Box 4249 Federal Way, WA 98063 (253) 946-5401 jbowman a,lakehaven.org E������' - � PA�� � �� � Paul Manzer Pacland Development Consulting 11235 SE 6`� Street, Suite 220 Bellevue, WA 98004 (425)453-9501 pmarrzer acland.com Gil Hulsmann Abbey Road Group Rod Leland PO Box 1224 Federal Way Public Schools Puyallup, WA 98371 31405 18�' Avenue South (253) 435-3699 Federal Way, WA 98003 gil.hulsmann(a�abbeyroadgroup.com rleland(�a,fwsd.wednet.edu Jennifer povey Windermere 33405 6`� Avenue South Federal Way, WA 98003 (206)423-80U0 . j sdovey_(a)windermere.com John Norris Norris Homes 2053 Faben Drive 1VIercer Island, WA 98040 (206)275-1901 johnnonis�c�,con�cast.net Steve Kelly ESM Consulring Engineers 33915 l Way South, Suite 200 Federal Way, WA 98003 (253)838-6113 Steve.kelly(c�esmci��il.com Mark Clirehugh GVA Kidder, Mathews, Segner 1201 Pacific Avenue, #1400 Tacoma, WA 98402 (253) 722-1416 marckc�ir?,evakm.co.m Paul Lymberis Quadrant Homes PO Box 130 Bellewe, WA 98009 (425)452-6556 Paul.lymberis�u guadranthomes.com Sid White Federal Way Public Schools 1066 South 320`� Street Federal Way, WA 98UO3 (253) 945-5935 swhite ,fwps.or� Ron Biesold South King Fire & Rescue 31617 1 �` Avenue South Federal Way, WA 98003 (206)227-9301 Ron.biesold(�a,southkingfire.org Tom Raymond South King Fire & Rescue 31617 1 Avenue South Federal Way, WA 98003 (253) 946-7241 Tom.ravmond(�a,southkingfire.org Tom Pierson Federal Way Chamber of Commerce PO Box 4220 , Federal Way, WA 98063 (253)838-2605 toxn�(a)federalwavchamber.corn Sam Pace Sea/King County Assoc of Realtors 29839 154�' Avenue SE Kent, WA 98042-4557 (253) 630-5541 sarr�ace!aiconcentric.net K:�2009 Code Amendments\ADU and Appraisal Clarification\Planning Commission4lppraisa�Staff�8and Proposed Code Language\Exhibit E Stakeholders List.doc Page 1 of 3 E�C���lT___L__ PAG� � ��.���.. Ron Tremaine Redstone Development Land Acquisition and Development 17417 433 Street SE North Bend, WA 98045 redstot�eron(a?hotma il. com 425-831-7�30 (wk) 206-353-1761 (cell) 425-831-7783 (fax) Monte Powell Powell Homes 29607 8`� Avenue South Federal Way, WA 98003 monte cr,powell-hosnes.com Garrett J. Huffman Master Builders Association of King/Snohomish Counties 335 116�` Avenue SE Bellevue, WA 98004 ghuffman�mbaks.com 425-460-8236 (MBAKS) Brant A. Schweikl, P.E. Managing Member Schweikl and Associates, PLLC 705 South 9`� Street, Suite 303 Tacoma, WA 98405 bschwe iklna,sacivil.net 253-272-4451 (wk) 253-272-4495(fax) Sumner, WA 98390 253-891-1030 253-826-3891(fax) ronerdale(cr7aol. com Gary Hering 1439 SW 296�' Street Federal Way, WA 98023 gjherin�(�comcast.net Tim Atkins Big Mountain Enterprises tim(c�bi�mountainent. com PO Box 1001 Enumclaw, WA 98022 Bill McCaffrey WJM Studio 1911 SW Campus Drive, Suite 116 Federal Way, WA 9$023 w�' mc caffrey�a?comcast.net Tom Barghausen Barghausen Consulting Engineers 18215 72n Avenue South Kent, WA 98032 tbar�hausen(a�barghausen.com Peter Townsend 1648 South 310�' Street, Suite 6 Federal Way, WA 98003 253-83�-2947 petert8 _,rne.com Auburn, WA 98032 Mark Freitas 33516 9` Avenue South Federal Way, WA 98003 253-838-8327 m.arkfcc i:m(a �cs.com Tres Kirkebo Apex En�ineering 2601 35 Street, Suite 200 Tacoma, WA 98409 253-473-4494 kirkebo�a?apexen ing,, eerin�.net Dennis Haneberg Apex En�ineering 2601 35 Street, Suite 200 Tacoma, WA 98409 253-473-4494 hanber��a)apexengineerin�.net Gary Martindale 'The Commons of Federal Way 1928-B South Commons Blvd Federal Way, WA 98003 253-839-6156 �martindale cr.tcafw.com Jeff Greene Greene Gasaway Architects PO Box 4158 Federal Way, WA 98063-4158 253-941-4937 j eff��arch(cLSeanet.com Mike Behn Quadrant, Development Manager 14725 SE 36� Street, Suite #200 PO Box 130 Bellewe, WA 98009 znike.behn(c�c�uadranthames.com 425-452-6563 425-753-4866(cell) Hans Korve 726 Auburn Way North Auburn, WA 98032 hans�?u,drnp-inc.us 253-383-2200 Bob Roper bob.roper ,comcast.net 253-941-6954 Dale A Roper The Roper Company Landscape Architecture/Site Planning 816 Cherry Avenue, #3A Mike Baily LDG Archifiects 1319 Dexter Avenue, Suite 260 Seattle, WA 98109 206-283-4764 xnike(u�ldgarchitects. com Chad Weiser OTAK 10236 NE Poixits Drive, Suite 400 Kirkland, WA 98033-7897 206-442-1359 chad.weiser�,a7otak.com Christine Balyeat New Concept Homes PO Box 1229 Issaquah, WA 98027 hcbalveat(a�hotmail.com Steve Hammer Browleit Peterson Hammer Architects 6920 220`�' SW, Suite 2UU Mountlake Terrace, WA 98043 steve�a)bpharch.com Mel Easter Johnson Braund Design Crroup 15200 52 Avenue South, Suite 2U0 Seattle, WA 98188 206-766-8300 mele�,c��''bdg.com Koong Cho Royai Hospitality (Hampton Inn) 15901 West Valley Highway Tukwila, WA 98188 253-318-0908 koon �:c,/ri�comc ast. net K:�20Q9 Code AmendmrntsWDU and Appraisal Clarifica�ionlPlanning Co�mnission�.4ppraisal\StaffRe� and Proposed Code Language\Exhibit E Stakeholda's List.doc Page 2 of 3 E����1�° I PAG� f2 Zr �,�` Jim Jordan (Saghalie Heights developer) jrjordan a:ison�edia.com Mike Hovland Hovland Architects 900 Meridian Avenue East, Ste 408 Milton, WA 98354 hovaxcht�a),comcast. net Dave Thorstad 406 South 289`� Place Fecleral Way, WA 98003 dltarchiteetna,comcast.net Dan Coxall Hammes Co. (St. Francis Hospital) 1325 4` Avenue, Suite 1035 Seattle, WA 98101 dcoxall(i�hamme sco. com Tony Starkovich 1611 9�' Avenue North Edmonds, WA 98020 425-775-6552 vil�ta�ecapital(c�hotmail.com Gareth Roe BCRA 2106 Pacific Avenue, Suite 300 Tacoma, WA 98402 253-627-4367 groe(�i?bcrade s i�;n.. c om Heidi Swartz Swartz Development 5724 30`" Avenue NE Seattle, WA 98105 (206) 730-6933 cell (206) 527-8999 fax h�swartz(a�.comcast.net Brett Thomas brett mauntainconst.com Connie Boyle connie.boyle(a�coiliezs.com James Pate jamesp(a),harsch.com Jeff Oliphant j1o55Cg�aol.com Jerry Heinz jerry.h.einz(cvweverhaeuser.com Jon Potter jpotter936(cLaol.com Ranrly Lloyd ranclyllovd a xprint.blackben-v.net Rick Olson RickOlson�a�fhshealth.org Rob Aigner roba(a�harsch.c<�m Rob Rueber arrueber a7,comcast.net Scott Rhodes rhodesarchitecture(a7,gmaiLcorn Sheppard Cutler swc�fishersons.com Todd Suchan tsuchan w`wi2dwaves.com Gordon Olson Gordon.olson(d�southkin fp ire.o� K:�2009 Code AmendmentsWDU and Appraisal Clarification�Planning CommissionlAppraisa�Statt'� and Proposed Code LanguaBe�Exhibit E Stakelwlders List.doc Page 3 of 3 E�C���IT ( From: Tina Piety �Ar'!c 2 3 P�� 2,( Sent: Wednesday, February 10, 2010 8:40 PM dr!lril� 6� To: Bill McCaffrey; Bob Cooper; Bob Roper; Brant A. Schweikl; Brett Thomas; Chad Weiser; Chris Carrel; Christine Balyeat; Connie Boyle; Dale A. Roper; Dan Biles; Dan Coxall; Darla Morin; Dave Matafin; Dave Thorstad; Dennis Haneberg; Don Perry ; Gareth Roe; Garrett Huffman; Gary Hering; Gary Martindale; Gil Hulsmann; Hans Korve; Haynes Lund; Heidi Swartz; James Pate; Jeff Greene; Jeff Oliphant; Jennifer Dovey;lerry Heinz; Jim lordan; John Bowman; John Norris; Jon Potter; Julie Ramseth; Koong Cho; Kurt Wifson; Mark Clirehugh; Mark Freitas; Mel Easter; Mike Bailey; Mike Behn; Mike Hovland; Monte Powell; Paul Lymberis; Paul Manzer; Peter Townsend; Randy Lloyd; Rick Olson; Rob Aigner; Rob Rueber; Rod Leland; Ron Biesold; Ron Tremaine; Sam Pace; Scott Rhodes; Sheppard Cutler; Sid White; Steve Hammer; Steve Kelly; Tim Atkins; Tim Osborne; Todd Suchan; Tom Barghausen; Tom Pierson; Tom Raymond; Tony Starkovich; Tres Kirkebo Cc: Matt Herrera; Margaret Clark; Greg Fewins; Isaac Conlen; Lee Bailey; Cary Roe; Ken Miller; Marwan Salloum; William Appleton Subject: Federal Way Planning Commission Attachments: Exhibit D Stakeholders List.doc; ADU Staff Report.doc; Exhibit A Revised SE Chart.doc; Exhibit B Revised RS Chart.doc; Exhibit C Stakeholders List.doc; Exhibit F Stakeholders List.doc; Appraisal Staff Report.doc; Exhibit A Surface Water Management 16.15.010.doc; Exhibit B Subdivisions 18.55.060.doc; Exhibit C Chapter 19.30 Nonconformace.doc; Exhibit D Development Improvements 19.135.030.doc; Exhibit E Stakeholders List.doc; Notice Sign Staff Report.doc; Exhibit A Proposed Language.doc; Exhibit B Stakeholders List.doc; fxhibit C Stakeholders List.doc Hello Federal Way Stakeholders, On February 17th, the Federal Way Planning Commission will be holding public hearings on proposed amendments to the Federa/ Way Revised Code (FWRC) regarding: Accessory Dwelling Unit (ADU) size calculation; clarification of appraisal requirements; and changes to short subdivision notice requirements. Attached you will find the Planning Commission agenda and staff reports and exhibits for the proposed amendments. If you have any questions, please contact Associate Planner'Matt Herrera at 253-835-2638, or matt.herrera @cityoffederalwa�r.com T"i.v►.a��i,ety, �ld'�n�,vw�-trat'w�i�l�i,bta.v�,tll Community Development Services City of Federal Way Street: 33325 8tM Avenue South MaiL• PO Box 9718 Federal Way, WA 98063 253-835-2601; Fax 253-835-2609 112 EXHIBIT F Stakeholders List Updated February 2010 Bob Cooper Lloyd Enterprises Inc. PO Box 3889 Federal Way, WA 98063-3889 bobcCa�llovdenterprisesinc. com Chris Carrel Friend of the Hylebos PO Box 24971 Federal Way, WA 98093 cca�xel �att.blackberrY•nek Dan Biles SBI Developing PO Box ?3790 Puyallup, WA 98373 danb .soundbuilthomes.com Kurt Wilson SBI Developing PO Box 73790 Puyallup, WA 9$373 (253)539-8116 kurtl"cLSOtmdbuilthomes.com Darla Morin Harsch Investment Properties 13010 NE 20�' Street, Suite 450 Bellevue, WA 98005 (425)284-5352 darlarnnu,harsch.com Julie Ramseth Harsch Investment Properties 13010 NE 20`� Street, Suite 450 Bellevue, WA 98005 (530)450-0778 julier(d;harsch.com Don Perry Lakehaven Urility District PO Box 4249 Federal Way, WA 98063 dpetry� lakehaven.or� Tim Osborne, PE Lakehaven Utility District 31627 1 S ` Avenue South Federal Way, WA 98003 (253)946-5540 tosborne�ci!lakehaven.org John Bowman Lakehaven Utility District PO Box 4249 Federal Way, WA 98063 (253)946-5401 �bowman c�;lakehaven.orQ Ex���� PAGE��� `� Paul Manzer Pacland Development Consulting 11235 SE 6�' Street, Suite 220 Bellewe, WA 98004 (425)453-9501 pmanzer acland.com Gil Hulsmann Abbey Road Group Rod Leland PO Box 1224 Federal Way Public Schools Puyallup, WA 98371 31405 18�' Avenue South (253) 435-3699 Federal Way, WA 98003 gil.hulsmann�vabbeyroad�roup.com rleland@fwsd.wednet.edu Jennifer povey Windermere 33405 6`� Avenue South Federal Way, WA 98003 (206) 423-8000 j sciovey(cil,windermere. com John Norris Norris Homes 2053 Faben Drive Mercer Island, WA 98040 (206)275-1901 j ohnnorris�?comc;ast.net Steve Kelly ESM Consulting Engineers 33915 1 Way South, Suite 200 Federal Way, WA 98003 (253)838-6113 Steve.kelly�i�esmcivil. com Mark Clirehugh GVA Kidder, Mathews, Segner 1201 Pacific Avenue, #1400 Tacoma, WA 98402 (253)722-1416 marckc a vakm.com Paul Lymberis Quadrant Homes PO Box 130 Bellewe, WA 98009 (425)452-6556 Paul.ivmberi s(r�,;qtiactrantl�c>mes. com Sid White Federal Way Public Schools 1066 South 320�' Street Federal Way, WA 98003 (253) 945-5935 swhitena,fwps.org Ron Biesold South King Fire & Rescue 316i7 1 Avenue South Fecleral Way, WA 98003 (206)227-9301 Ron.biesold�a southkingfire.org Tom Raymond South King Fire & Rescue 31617 1�` Avenue South Federal VVay, WA 98003 (253) 946-7241 Tom.ravmond(a�,,,_southkin fg, �re•org Tom Pierson Federal Way Charnber of Commerce PO Box 4220 Federal Way, WA 98063 (253) 838-2605 tomp(a�federalwaychamber.com Sam Pace Sea/King County Assoc of Realtors 29839 154`� Avenue SE Kent, WA 98042-4557 (253) 630-5541 sam_pace�?a concentric.net K�.\?009 Code AmendmentsWDU a� Appraisal Clarification�Planning CommissionWppraisal�.S[atf �e�o� and Proposed Code Language�Exhibit F Stakeholders List.doc Page 1 of 3 ������� � PA�E��� 2.c� Ron Tremaine Redstone Development Land Acquisition and Development 17417 433` Street SE North Bend, WA 98045 redsto ner. o nla?liatma i l. cozn 425-831-7730 (wk) 206-353-1761 (cell) 425-831-7783 (fax) Monte Powell Powell Homes 29607 8�' Avenue South Federal Way, WA 98003 montc(�owell-homes.c om Garrett J. Huffman Master Builders Association of King/Snohomish Counries 335 116`� Avenue SE Bellevue, WA 98004 ghuffman mbaks.com 425-460-8236 (MBAKS) Brant A. Schweikl, P.E. Managing Member Schweikl and Associates, PLLC 705 South 9`� Street, Suite 303 Tacoma, WA 98405 bschweikl�a,sacivil.net 253-272-4451(wk) 253-272-4495(fax) Sumner, WA 98390 253-891-1030 253-826-3891 (fax) roperdaleCa�aol.com Gary Hering 1439 SW 296"' Street Federal Way, WA 98023 gjherin�(?a,comcast. net Tim Atkins Big Mountain Enterprises tim@bi�mountainent. com PO Box 1001 Enumclaw, WA 98022 Bill McCaffrey WJM Studio 1911 SW Campus Drive, Suite 116 Fecieral Way, WA 98023 w�'mccaffrey�a comcast.net Tom Barghausen Barghausen Consulting Engineers 18215 72 Avenue South Kent, WA 98032 tbar�hausen abarshausen.com Peter Townsend 1648 South 310`�' Street, Suite 6 Federal Way, WA 98003 253-839-2947 ; Qetert$(ivme.com Auburn, WA 98032 Mark Freitas 33516 9`� Avenue South Federal Way, WA 98003 253-838-8327 mazkfccim(�a,cs.com Tres Kirkebo Apex En�ineering 2601 35 Street, Suite 200 Tacoma, WA 98409 253-473-4494 kirkebo�n,apexengineerine.net Dennis Haneberg Apex En�ineering 2601 35 Street, Suite 200 Tacoma, WA 98409 253-473-4494 hanberg ja�apexengineering.net Gary Martindale The Commons of Federal Way 1928-B South Cornmons Blvd Federal Way, WA 98003 253-839-6156 grnartindale(a�tcafw.com 7eff Greene Greene Gasaway Architects PO Box 4158 Federal Way, WA 98063-4158 253-941-4937 jeffg arch ,seanet.com Mike Behn Quadrant, Development Manager 14725 SE 36"' Street, Suite #200 PO Box 130 Bellewe, WA 98009 mike.behn cr,quadranthornes.com 425-452-6563 425-753-4866(cell) Hans Korve 726 Auburn Way North Auburn, WA 98032 hans (c�r�?dmp-inc. us 253-383-2200 Bob Roper bob.roper� ;,rvconacast.net 253-941-6954 Dale A Roper The Roper Company Landscape Architecture/Site Planning 816 Cherry Avenue, #3A 1VIike Baily L'DG Architects 1319 Dexter Avenue, Suite 260 Seattle, WA 98109 206-283-4764 mike�a ldgarchitects.com Chad Weiser OTAK 10236 NE Points Drive, Suite 400 Kirkland, WA 98033-7897 206-442-1359 chad.weiser a otak.com Christine Balyeat New Concept Homes PO Box 1229 Issaquah, WA 98027 hcbalyeaSa),hotma il.com Steve Hammer Browlei"t Peterson Hammer Architects 6920 220�` SW, Suite 200 Mountlake Terrace, WA 98043 steve cz,bnharch.com Mel Easter Johnson Braund Design Group 15200 52 Avenue South, Suite 200 Seattle, WA 98188 206-766-8300 mele jbdg.com Koong Cho Royal Hospitality (Hampton Inn) 15901 West Valley Highway Tukwila, WA 98188 253-318-0908 koon�(c�comcast.net K��2009 Code AmendmentsMDU and Appraisal Clarification�Plannmg CommissronWppraisal�StafE IFeaofEand Proposed Code Language\Exhibit F Stakeholders List.doe Page 2 of 3 Jim Jordan (Saghalie Heights developer) j i j orda nCci`, i so n�e d i a. c o ni Mike Hovland Hovland Architects 900 Meridian Avenue East, Ste 408 Milton, WA 98354 hovarcht(d�comcast. net Dave Thorstad 406 South 289�' Place FederaT Way, WA 98003 dltarclutect(2 ca:mcast.net Dan Coxall Hammes Co. (St. Francis Hospital) 1325 4`� Avenue, Suite 1035 Seattle, WA 98101 dcoxal�bammesco.com Tony Starkovich 1611 9�' Avenue North Edmonds, WA 98020 425-775-6552 vinta�ecapital(a�.hotmail. c om Brett Thomas brett(a�mountainconst.com Connie Boyle connie.bovlenu,colliers.com James Pate jarnesp(dlharsch.com Jeff Oliphant j1o55 c)aol.com Jerry Heinz jerry.heinz a)weYerhaeuser.com Jon Potter jpotter93«aol.com Randy Lioyd randyllo��.xvrint.biackberry.net Rick Olson RickOlson�),#hshealth.org Rob Aigner roba('a�harsch.corn Rob Rueber arn►eber ir�comcast.net Scott Rhodes rhodesarchitecture(u)gmail.com Sheppard Cutler swc iUfishersons.com Todd Suchan tsuchan a; wiidwaves.com Gordon Olson Gardon.olson�al,southkin fi�; re.org EXH��l�' 1 GarAt�� �� � � BCRA 2106 Pacific Avenue, Suite 300 Tacoma, WA 98402 253-627-4367 �roe��bc:radesi�.Tn. com Heidi Swartz Swartz Development 5724 30`� Avenue NE Seattle, WA 98105 (206) 730-6933 cell (206) 527-8999 fax hpswartz��comcast.net K:�2009 Code AmendmenaW DU and Appraisal Clarification\Planning CommissionWppraisal�,Staff � and Proposed Code LanguagelExhibit F Stakeholders LisLdoc Page 3 of 3 CITY OF FEDERAL WAY PLANNING COMMISSION February 17, 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: Planning Manager Isaac Conlen, Senior Planner Margaret Clark, Assistant City Attorney Peter Beckwith, and Administrative Assistant Tina Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of January 20, 2010, were approved as written. AUDIENCE COMMENT Commissionner Carlson commented that two Federal Way residents won Silver and Bronze metals this last weekend at the Olympic Games. He feels the city should consider acknowledging their achievement. Mr. Conlen replied that Mayor Kochmar had noted the same at last night's City Council meeting and stated that some sort of recognition and or ceremony will be planned. ADMINISTRATIVE REPORT Mr. Conlen noted that Associate Planner Matt Herrera, who was scheduled to deliver tonight's staff reports is out sick. Mr. Conlen and Ms. Clark will be delivering the staff reports. As an FYI to the Commission, Mr. Conlen reported that the 23 Avenue Condos/Skyway Hotel (a mixed-use project with residential, hotel, office, and retail) is in the preapplication phase. They are planning two towers, one approximately 400 feet in height and the second approximately 200 feet in height. COMMISSION BUSINESS PUBLIC HEARING — Accessory Dwelling Unit Size Calculations Mr. Conlen delivered the staff report. The proposed code amendments will clarify what portions of the structure should be included in the Accessory Dwelling Unit (ADU) size calculation; remove the 15,000 square foot lot size threshold for detached ADUs; and make housekeeping amendments to ADU use zone charts. Current FWRC regulations do not clearly define what areas are included in the ADU size calculation. The proposed amendment would specifically exclude garages, workshops, and similar non- living areas from the ADU size calculation. Removal of the 15,000 square foot lot size threshold would allow detached ADUs on all lots. Same Pace, Seattle/King County Association of Realtors — He commented that the association supports the proposed amendments. 1) T'hey support the removal of the 15,000 square foot threshold because it is inconsistent with the lots available in Federal Way. 2) The prescriptive provisions are dysfunctional. 3) The proposed amendments pass the common sense test. 4) The proposed amendments retain protections that ADUs will be smaller in size than the principal C:\Documrnts and Settings\matth\Local SettingsiTcmporary Intemet Fila\Contrnt.0utlookU.LX2CF8WNeeting Sumrtro�y 02-17-10 (2).doc EXH �� IT �`-" 116 PAGE ( a�� Planning Commission Minutes Page 2 February 17, 2010 building. Commissioner O'Neil asked if there can be a breezeway to a detached ADU, or would that be considered an attached ADU. Mr. Conlen replied that as long as it is a non-structural, non-supporting breezeway, the ADU would be considered detached. It is possible the building could be so close together that the city would consider the ADU to be attached. Commissioner O'Neil asked if the ADU could be rented. Could an owner build an ADU for the sole purpose of renting it out as a financial venture? Mr. Conlen replied that an owner could build an ADU for the sole purpose of renting it out as a financial venture. The Federal Way Revised Code (FWRC) does require the owner to live on the property, either in the principal residence or the ADU. Commissioner Long asked how this can be enforced. Mr. Beckwith replied that most enforcement in the city is compliant based, meaning that if someone complains about who is living in an ADU, the city will research the issue. Mr. Conlen commented that the owner is required to sign a document that runs with the land stating the owner will dwell on the property. Commissioner O'Neil asked for a clarification of what is meant by average building elevation the height of the structure and grade. Mr. Conlen explained the terms. He also stated that an ADU cannot exceed the height of the principal structure. Commissioner Long asked how may ADUs has the city approved. Ms. Clark replied that the city had a lot of existing ADUs when we incorporated. The city worked with the owners to bring them into compliance. Since the city incorporated there have been only approximately 5 new ADUs, bringing the total of new and existing to 25 to 30 ADUs. Commissioner Long commented that since it is likely that more than one car will be parked on a lot, does the city anticipate any parking issues? Mr. Conlen replied that typically there is adequate room for parking. Commissioner Carlson moved (and it was secondec� to recommended adoption of the staff's recommendation for the proposed amendments for the Accessory Dwelling Unit Size Calculation. The motion carried unanimously. The public hearing was closed, PUBLIC HEA�NG — Clarification of Appraisal Requirements 1V1�. Clark delivered the staff report. The intent of the proposed amendments is to claxify and make consistent who is authorized to conduct an appraisal. There are ten sections of the FWRC that require an appraisal. Of those, two require an MAI appraisal, which is a professional accreditation by the Appraisal Institute, a private association of real estate appraisers. The remaining eight require an appraisal that is, "acceptable to the city." In addition, the city may require a second appraisal if the valuation of the first is considered inappropriate. Staff proposes that the language be changed to require the appraisal be performed by a state certified appraiser. Language allowing the city to request a second appraisal will be removed. Same Pace, Seattle/King Counry Association of Realtors — He commented that the association supports the proposed amendments. 1) They are pleased the proposed amendments remove inconsistencies. 2) They are pleased the proposed amendments leave in the choice of an assessment or appraisal. 3) The proposed amendments ensure the appraiser meets the highest legal standard. 4) 'The proposed amendments minimize the potential for a second appraisal. 5) The proposed amendments are efficient and reduce costs. Commissioner Long asked with the requirement of a state certified appraiser, is it likely the owner would C:�Documents and SettingsUnatth\Local Settings\Temporary Internet Files\Contrnt.OutlooklLLX2CF8V�Meeting Sumrt�ary 02-17-10 (2).dx ��� ��'���� 11 � PAGE �- 0� `� Planning Commission Minutes Page 3 February 17, 2010 want to use an appraiser certified by another state. Ms. Clark replied the city would require a Washington state appraiser. Same Pace, Seattle/King Counry Association of Realtors — He commented that the state requires that the state certified appraiser be geo-competent, which would be unlikely with an out-of-state appraiser. Commissioner Medhurst why is the city giving the choice of an assessed value or an appraisal, why not just the assessed value? Ms. Clark replied that city wants to be flexible and give applicants a choice. She noted that the proposed amendments do not address the issue if a choice should be available, but simply clarify who is authorized to conduct an appraisal. Commissioner Bronson expressed concern that the city may question the appraised value; specifically, that a staff member without appraisal experience may question an experience appraiser. Ms. Clark replied that staff would only question an appraisal that was unreasonable and would have to have a reason to question the appraisal. If a question arose, a state certified appraiser would be hired to perform the second appraisal. Same Pace, Seattle/King County Association of Realtors — He commented that an assessment is done once a year (with an appeal period). If the economy changes, by the time the owner applies to the city, the value may have changed. In such a case, an owner may be better off submitting an appraised value as opposed to the assessed value. Commissioner Bronson moved to recommended adoption of the staff's recommendation for the proposed amendments to Clarify the Appraisal Requirements. The motion carried unanimously. The public hearing was closed. PUBLIC HEARING — Short Subdivision Notice Requirements Ms. Clark delivered the staffreport. Current FWRC regulations require the posting of three onsite notice boards on or near the subject property. The proposed amendment would reduce the requirement to one onsite board, with the ability to post additional boards if needed. Three onsite notice boards are not nec�ssaxy as many properties only abut one right-of-way. The proposed amendment would reduce costs associated with providing notice boards and staff time to post boards. The proposed amended language would require additional notice boards to be posted if staff finds that they are needed to clearly identify the property. Same Pace, Seattle/King County Association of Realtors — He commented that the association supports the proposed amendments. 1) A short subdivision may be a division into only two lots and the requirement for three notices boards is excessive in such instances. 2) The proposed amendment fits smaller lots, of which there are many in Federal Way. 3) The "if needed" language referring to additional notice boards is ambiguous, but the Association is willing to wait to see how it works. 4) The notice board is not the only notice given. Commissioner Carlson commented that he supports the proposed amendment and that the only downside he sees is the city may receive complaints that one notice board is not adequate notice. Commissioner O'Neil asked what happens if a notice board is defaced. Ms. Clark responded that if the city is told, the board would be replaced. Commissioner O'Neil moved to recommended adoption of the stafPs recommendation for the proposed amendments to Short Subdivision Notice Requirements. The motion carried unanimously. The public C:�Documents and Settings�matth\Local $ettings\Temporary Intemet Fila\Concent.Outlook�I.LX2CF8V�Meeting Sumnaty 02-17-10 (2).doc ��� ��'� � 118 PAGE 3 a�� Planning Commission Minutes Page 4 February 17, 2010 hearing was closed. ADDITIONAL BUSINESS Staff anticipates there will be no meetings in March go before the City Council on March 16�'. T'he 2010 Planning Commission Work Program will AUDIENCE COMMENT Same Pace, Seattle/King County Association of Realtors — He commented that the city has a good list of stakeholders. ADJOURN The meeting was adjourned at 8:05 p.m. C.\Documents and Settings�matlhU.ocal Settings\Tmiporary Intemet Files\Contrnt.0utlook\LLX2CFSV�Meeting Summary 02-17-10 (2).doc 119 E�C�I��IT � PAGE�O��.. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to appraisals; amending FWRC 16.15.010, 16.15.010(Z)(g), 18.55.060(2), 19.30.080(1)(b), 19.30.090(1)(�, 19.30.100(9)(c)(ii), 19.30.120(1)(g), 19.30.120(2)(c), 19.30.130(2), 19.30.130(3), 19.30.160(2)(b), 19.30.200(1), and 19.135.030(1)(a). (Amending Ordinance Nos. 09-595, 07-554, 06-515, OS-486, 04-468, 02-420, 02- 419, 02-417, 02-414, O1-398, 00-363, 99-357, 99-352, 98-330, 98-309, 97-307, 97- 291, 95-235, 92-144, 92-135, 91-113, 90-43, and 90-41) WHEREAS, the City recognizes the need to periodically modify Title 16 "Surface Water Management," Title 18 "Subdivisions," and Title 19 "Zoning and Deve(opment Code," of the Federal Way Revised Code (FWRC) in order to conform to state and federal law; codify administrative practices; clarify and update surface water management, subdivisions, and zoning regulations as deemed necessary; and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, conta,ining amendments to development regulations and the text of Title 16, Title 18, and Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 1935 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt new amendments for the FWRC which establishes consistent development regulations for who is authorized to conduct an appraisal within the City of Federal Way; and WHEREAS, it is in the public interest for the City Council to adopt new amendments for the FWRC which removes the requirement for a MAI appraisal and source acceptable to the city, but maintains a professional standard that requires appraisals be conducted by a state certified real estate appraiser; and WHEREAS, it is in the public interest for the City Council to adopt new amendments for the FWRC which removes unnecessary second appraisal requirements; and WHEREAS, an Environmental Threshold Determination was not necessary as the amendments are related solely to governmental procedures and therefore, categorically exempt from the State Environmental Policy Act; and Ordinance No. /0- Page 1 of 9 � 12o EXH1��'°LU 3 PAGE.�_4�� WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on February 17, 2010, and forwarded a recommendation of approval; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on March 1, 2010, and recommended adoption of the text amendments as recommended by the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findin�s. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by providing a consistent and unambiguous requirement for those persons eligible to conduct an appraisal. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 16, Title 18, and Title 19 of the FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the follo�ving Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Fecleral Way Comprehensive Plan goals and policies: Ordinance No. l0- Page 2 of 9 Rev 1/10 LU �2� EXHI�IT 3 PAGE�a� � LUP4 — Maximizes efficiency of the development review process. LUP6 — Conduct regular reviews of the development regulations to determine how to improve upon the permit review process. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they provide a consistent appraisal requirement and maintain professional standards for those who conduct such appraisals. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they require appraisals submitted to the city to be prepared by state-certified appraisers. Section 3. FWRC 16.15.010 is hereby amended to read as follows: The following activities are subject to the provisions of this title, ' �.. ".�:::Y'.°a '�=--- .. . Section 4. FWRC 16.15.010(2)(g) is hereby amended to read as follows: Redevelopment other than normal maintenance or other than tenant improvements, but including any increase in gross floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value ��•�'^�^'�°�°°r �° ^r°^+°�'' of the structure or improvement being redeveloped_ The appraisal shall be conducted b�a state-certified real estate apuraiser; or Section 5. FWRC 18.55.060(2) is hereby amended to read as follows: All residential subdivisions, except for cottage housing, and zero lot line townhouse development, shall be required to provide open space in the amount of 15 percent of the gross land area of the subdivision site. Open space requirements for zero lot line townhouse development are found in FWRC 19.205.010 and open space requirements for cottage housing are found in FWRC 19.250.070 and 19.250.080. Except for subdivisions created under FWRC 18.55.040, and small lot detached development created under FWRC 18.25.030, a fee-in-lieu payment may be made to satisfy open space requirements at the discretion of the parks director after consideration of the city's oyerall park plan, quality, location, and service area of the open space that would otherwise be provided within the project. If the city determines that the location, quality, or extent of the required project open space, particularly on smaller plats, short plats, or other divisions of land, would not fulfill the intent or purpose of useful common open space, a payment of an equivalent fee-in-lieu of the required project open space sha11 be paid. Ordinance No. /D- Page 3 of 9 Rev 1/10 LU 122 EXl�l�li' � PAGE=4�.-- The fee-in-lieu of open space shall be calculated on 15 percent of the most recent assessed value of the property. In the absence of an assessment, the rnarket value shall be based on an appraisal conducted by a state-certified real estate appraiser. If the applicant offers to pay money in lieu of open space, and if the city accepts the offer, the amount shall be determined based upon the square footage of open space which otherwise would have been required to be provided, times the then current market value per square foot of similarly situated property. For lots within an existing subdivision, where open space was already dedicated or a fee-in-lieu paid, the percent of open space required will be the difference between the open space dedicated prior and 15 percent. Any fees collected shall be utilized within the park comprehensive plan planning area that the subject property falls within, unless the applicant by voluntary agreement directs the expenditures of such fees in a different planning area. Open space created through small lot detached development shall be protected from further subdivision or development by covenants filed and recorded with the final plat of the subdivision. All usable open space must be readily identifiable with the development and easily accessible by the residents. Usable open space should be the central focus and an amenity for the project. Section 6. FWRC 19.30.080(1)(b) is hereby amended to read as follows: Other than as specified in subsection (1)(a) of this section, the applicant is making changes or alterations or doing work, other than normal maintenance, in any one consecutive 12-month period to any structure that houses or supports the nonconforming use and the fair market value of that change, alteration or work exceeds 15 percent of the assessed or appraised value of that structure. 'T'�° �„-�'�^..._. . The appraisal must be from a sex�se «��-,�°--�� ���?:�:�; state-certified real estate appraiser. 'T'" '�" `'°"°'^ °"'* `""'°"+""' Y � �t� 1 ,.F41,o *.. ,��� �l...tl t.o o.a. .. �..».. .,., ».,.,...� Section 7. FWRC 1930.090(1)(fl is hereby amended to read as follows: The applicant is making any alteration or changes or doing any work, other than normal maintenance, tenant improvements, or minor additions noted in subsection (1)(c)(iv) of this section, in any one consecutive 12-month period to an improvement that is nonconforming and the fair market value of the alteration, change or other work exceeds 50 percent of the assessed or appraised value of that improvement. ''''� '� + �a° �^ The appraisal must be from a J Y �YY state-certified real estate appraiser. i��' ` "°+`'° ""� J 1�� '�" Ordinance No. 10- Page 4 of 9 Rev 1/10 LU 123 ��A�"����� � P��c.� �{ �� � .. , *�^� ��r^°r ^f *�° *�•,^ ^-^^„^*° ��^�� �° ��°°� In the event this subsection is triggered with respect to a single-tenant or single-occupant site, the applicant shall meet all development regulations applicable to the property. In the event this subsection is triggered with respect to a site occupied by multiple tenants or uses, the applicant shall comply with those development regulations applicable to the geographic portion of the site on which the alteration, change or improvement is proposed. For purposes of this determining value under this section, improvements required pursuant to this sectiori (nonconforming development), FWRC 19.30.110 (when public improvements must be installed), 19.30.120 (nonconforming water quality improvements) and 19.135.030 (when public improvements must be installed) shall not be counted towards the 50 percent threshold which would trigger application of this subsection. Section 8. F�VRC 19.30.100(9)(c)(ii) is hereby amended to read as follows: (ii) The applicant is making any changes, alterations, or performs work other than normal maintenance or other than tenant improvements to any structure or improvement that houses or supports the use with which the nonconforming sign is associated, and the fair rnarket value of those changes, alterations, or other work, in any one consecutive 12-month period, exceeds 75 percent of the assessed or a�nraised value of that structure or improvement, a* a'�, *'' �'"� '�'".' �"° �''`'° . The appraisal must be from a se�se *'��� � °„*^'�'° *^ *�° ^��= state-certified real estate appraiser. ''''� a'._....,. .. ` °^'•'�° +''° '^�' +" . .»� `_ � �rr- - . � . For purposes of deternuning value under this subsection, improvements required pursuant to FWRC 19.30.090 (nonconforming development) and/or 19.30.110 (stree#/sidewalk improvements) shall not be counted towards the 75 percent threshold, wliich would trigger application of this subsection. Section 9. FWRC 19.30.120(1)(g) is hereby amended to read as follows: Redevelopment, other than normal maintenance or other than the tenant improvements, but including any increase in gross floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement being redeveloped. . The appraisal must be from a ' state-certified �eneral appraiser. Ordinance No. 10- Page S of 9 Rev 1/10 LU 124 EXHl�1� 3 PAGE � C�� °� � �- +� •� +� * �' +�� +•„� �+� ���t�� For purposes of determining value `1 J J � b under this section, improvements required pursuant to FWRC 19.30.090 (nonconforming development), FWRC 19.30.110 (street/sidewalk improvements), this section (nonconforming water quality improvements) and FWRC 19.135.030 (street/sidewalk improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection; Section 10. FWRC 1930.120(2)(c) is hereby amended to read as follows: Calculation of redevelopment value. For purposes of calculating the value of redevelopment in order to apply subsection (2)(a) of this section, the public works director shall consider the cost of the proposed redevelopment as a percentage of the assessed or appraised value �•_•���` -��-�°°��; of all structures on the subject property. T� ' '', �* "* ''° . . '' '' • *� � r "" rr � i �rr + �-, + +� :+-, „ a --�;a �'. - �-�a �„�--�;*+�� �, +�� r-�'���r+. The appraisal must be from a state , " � "rr certified real estate appraiser. Section 11. FWRC 19.30.130(2) is hereby amended to read as follows: Other than as specified in subsection (1) of this section, the nonconforming use or density must be corrected if the applicant is making changes, alterations or doing other work, other than normal maintenance, in any 12-month period to any structure on the subject property containing multi-unit housing (attached and/or stacked dwelling units) and fair market value of these changes, alterations or other work exceeds 50 percent of the assessed or appraised value of that multi-unit structure. �e . The appraisal must be from a ��•°-��° 4 `�^+ :� „*^'�'° *^ *'�° °� state-certified real estate appraiser. � '*- ''°;'�?� ""°nt a= "' ` Y......... -� j . � �*�-° *•-,� �-„�,.„*� °'�^„'�° , °°°a Changes, alterations, additions or other work is subject to all applicable ��� �..-����� �.�.... .,., �....... requirements of this Code including but not limited to provisions related to critical areas (FWRC Title 19, Division V), off-street parking (Chapter 19.130 FWRC), improvements (Chapter 19.135 FWRC), and landscaping (Chapter 19.125 FWRC). Section 12. FWRC 19.30.130(3) is hereby amended to read as follows: Other than as specified in subsection (1) of this section, the nonconfornung use or density must be corrected if the applicant is making changes, alterations, adding improvements or doing other work other than normal maintenance, in any 36-month period, on the subject property containing a single- family use and fair market value of these changes, alterations, additions or other work exceeds 75 percent Ordinance No. 10- Page 6 of 9 Rev i/10 LU 125 EX�f���T � PA�� � ��� of the assessed or appraised value of that single-family structure. Changes, alterations, additions or other work must comply with all bulk, dimensional and other development requirements for a single-family detached dwelling located in the RS 7.2 zone (FWRC 19.200.010). �° �„-�'����+ "'^" ""^=na°—°" �� ':_µ�* .,. . �.�a ,� +w �;.. ��.` ' °� �F «w� *� :., ......,�r�� ��..." �._ �..°a The appraisal must be :t.t.. '� � '.,y... .. ..j .... .�)'� �.. ...:b�`� . ..., ... . .'..-- from a state certified real estate appraiser. Changes, alterations, additions or other work is subject to all applicable requirements of this Code including but not limited to provisions related to critical areas (FWRC Title 19, Division V), off-street parking (Chapter 19.130 FWRC), improvements (Chapter 19.135 FWRC), and landscaping (Chapter 19.125 FWRC). Section 13. FWRC 1930.160(2)(b) is hereby amended to read as follows: The applicant is making any alterations or changes or doing any work, other than tenant improvements and the fair market value of the alteration, change or other work, in any one consecutive 12-month period, does not exceed 75 percent of the assessed or appraised value of the improvement. �e . The appraisal must be from a se�s °^*^'��° *^ *'�° ^�'�� state-certified real estate appraiser. �� _.,........� : ;� a°-�°'^Y�=°„+ =__ ___= '""°"+=" ", . For purposes of determining value under this subsection, improvements required pursuant to FWRC 19.30.090 (nonconforming development) anc]/ or 1930.110 (street/sidewalk improvements) shall not be counted towards the 75 percent threshold which would trigger application of this subsection; and Section 14. FWRC 19.30.200(1) is hereby amended to read as follows: The cost of reconstructing the damaged improvement does not exceed 75 percent of the assessed or appraised value of that improvement prior to the damage; except that no cost limit applies to t�e reconstruction of damaged improvements in the city center core and frame, and the director may require minor upgrades to the rebuilt improvements that are intended to achieve a greater level of compliance with the site and design guidelines in this title; and provided, that the upgrades are reasonably related to the im rovement s and ro ortional to the reconstruction costs. T.T '�^^"�-r: ^" ^=o;=a�'= ""'=""'""' P � ) P P �n � � . The appraisal must be from a �ke--e� state-certified real estate appraiser. ����Q�e=�=� c aii°c���: :::��' :�.: ±�� Ordinance No. l 0- Page 7 of 9 Rev 1/10 LU 126 EXH�f�IT 3 PAGE�_OF � .. . , .■ Section 15. FWRC 19.135.030(1)(a) is hereby amended to read as follows: The applicant need not comply with the provisions of this chapter if the proposed improvements in any 12-month period do not exceed 25 percent of the assessed or appraised value (based on an � appraisal conducted b�a state-certified real estate appraiser provided by the applicant) of all structures and land combined on the subject property, whichever is greater, except that if the subject property is equal to or greater than 100,000 square feet in size, the land value shall not be included in the assessed or appraised value used to determine the 25 percent. If the 25 percent threshold is exceeded, public improvements will be required under FWRC 19.135.040 to the extent they are commensurate with the impacts of the development, as determined by the director. Section 16. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this orclinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the valiclity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 17. 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 18. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 19. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 CTTY OF FEDERAL WAY MAYOR, LINDA KOCHMAR Ordinance No. 10- Page 8 of 9 Rev I/10 LU 12� EXH��IT 3 --- PAGE � �� `� 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: EFFECTNE DATE: ORDINANCE NO.: K:�2009 Code Amendments�ADU and Appraisal Clarification�I;UTC�Appraisal�P.ppraisal Draft Ordinance.doc Ordinance No. /0- Page 9 of 9 � EXIH��1"� L--- - �2$ PACE � 0�-�.--- COUNCIL MEETING DATE: March 16, 2010 ITEM #: AGENDA BILL SUBJECT Amendments to Federal Way Revised Code (FWRC) Title 18 "Subdivisions," related to short subdivision onsite notice of application requirements. POLICY QUESTION Should the city reduce the requirement for three onsite short subdivision notice of application signs to one sign? CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE Land Use/Transportation Committee (LUTC) CATEGORY: ❑ Consent ❑ City Council Business ►/ ■ Ordinance Resolution MEETING DATE March 1 , 2009 [� Public Hearing ❑ Other STAFF REPORT BY: Matthew Herrera, Associate Planner _ DEPT: Communi Develo ment Services Exhibits: (1) Planning Commission staff report for the February 17, 2010, public hearing with Exhibits A-C; (2) Draft minutes of the February 17, 2010, Planning Commission meeting; and (3) Draft adoption ordinance. Background: Current short subdivision regulations require the city to post three onsite notice of application signs on property undergoing short plat review. Three onsite notices is often duplicative and unnecessary as many properties in the city are adjacent to only one public right-of-way and/or are relatively narrow in width. The proposed amendment would require one onsite notice sign with the option to provide additional signs to clearly identify the property if needed. Options Considered: 1) Adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance (Exhibit 3); 2) Adopt the Planning Commission's recommendation as modified by the LUTC: or 3) Do not adopt the �ro�osed�olic�� _ PLANNING COMMISSION RECOMMENDATIOPi Adoption of Option #1. STAFF RECOMMENDATION Staff recommends the Council adopt Option #1, adopt the Planning Commission's recommendation as contained in the Draft Adoprion Ordinance CITY MANAGER APPROVAL: ��� 4� y V DIRECTOR APPROVAL: � Co 'ttee Council Committee Council COMMITTEE RECOMMENDATION: Forward Option #1 adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordin�nce to the full Council on March 16, 2010, for first reading Di ni Duclos, G hair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION(�): 1 READING OF ORDINANCE (3/16/10) "I move to forwarcl the ordinance to a second readingfor enactment on theApril 6, 2010, consent agenda. " 2 READING OF ORDINANCE (4/6/10) "I move approval of the L UTC's recommendation to approve the code amendments, which are contained in the Adoption Ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: � APPROVED ❑ DENIED ❑ TABLED/DEF�RRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 reading Enactment reading ORDWANCE # RESOLUTION # K:�2009 Code AmrndmrntsWDU and Appraisal ClarifiwtionU.U'fClShort Plat Notice\Short Plat Revised Ag�h�BiIt.DOC a��, ► .�_ � . DATE: To: FROM: SUBJECT: FILE: MEETING DATE: ��c�w�s � _ ����_�.-OF �_2 PLANNING COMMISSION STAFF REPORT February 10, 2010 Chair Merle Pfeifer and Members of the City of Federal Way Planning Commission Greg Fewins, Director of Community Development Services Matthew Herrera, Associate Planner Onsite Public Notice Signs for Short Subdivision Notice of Application 10-100308-UP February 17, 2010 A. POLICY QUESTION Should the city reduce the requirement for a minimum of three onsite "Proposed Land Use Action" signs for short subdivision applications? B. ATTACHMENTS Exhibit A— Proposed code amendment to Federal Way Revised Code (FWRC) Title 18, "Subdivisions," 18.30.080 Exhibit B— Email notiftcation to stakeholder list of Planning Commission public hearing Exhibit C— Email notification to stakeholder list of Planning Commission staff report C. BACKGROUND & ANALYSIS The division of land into nine or fewer lots (short subdivision) requires the city to provide public notice in the Federal Way Mirror, public posting on the city's notification boards, and notice board signs on the property proposing the division. Pursuant to FWRC 18.30.080(2)(b): "At least three copies of the notice will be conspicuously posted on or near the subject property. Of these, at least one will be posted on or adjacent to every public right-of-way providing primary vehicular access to any property that abuts the subject property." As many properties in the city are adjacent to only one public right-of-way and/or relatively narrow in width, staff has found that the requirement to post three notices on properties to be subdivided is duplicative and an unnecessary use of staff time and resources. As an alternative to a prescriptive number of signs per short subdivision application, staff finds one notice board, with the option to provide additional signs if necessary, would provide adequate notice of the proposed short subdivision. Onsite Public Notice Signs for Short Subdivision Notice of Application File # 10-100308-UP Planning Commission Staff Report 130 Page 1 of 3 S � ����� 2 d� (� Staff reviewed code language in the following four jurisdictions: Des Moines, Kent, Renton, and Tacoma. With the exception of Tacoma,' all surveyed cities require at least one notice sign to be placed on the subject property. The cities of Des Moines and Kent require public notice signs placed on all right-of-way frontages. The City of Des Moines also allows the department director to require additional signs at his/her discretion for properties with frontages exceeding SOO linear feet. Cit Minimum Number of Si ns Code Lan ua e DMMC 16.04.160 — Number of Signs. One One per street frontage. public notice sign shall be required per street Des Moines Additional signs may be frontage. In case of large parcels or street required. frontages exceeding 500 feet, [director] may re uire the ostin of additional si ns. KCC 12.04.140 — If the property to be subdivided is located adjacent to more than Kent One. Additional signs may be one (1) public street or has more than one (1) required. potenrial access route, one (1) public notice board shall be placed on the property adjacent to each street or otenrial access route. RMC 4-7-070 — A minimum of one notice of the application for short plat shall be posted Renton One on or adjacent to the land to be subdivided at least fourteen (14) clays prior to the administrarive determination on the short plat a lication. As referenced in TCC 13.05.020 Table G. Tacoma None short plats do not require onsite norice sign ostin . D. PROCEDURAL SUMMARY The proposed development regulation is exempt from environmental review pursuant to State Environmental Policy Act Rules 197-11-800(19), "Procedural Actions," as the proposal relates solely to govemmental procedures containing no substantive standards respecting use or modification of the e�vironrnent. Public notice of the Planning Commission hearing was published in thc Federal Way Mirror and emailed to the department's stakeholders (Exhibit B) February 3, 2010. This staff report was emailed to the departmenYs stakeholders on February 10, 2010 (Exhibit C). E. BASIS FOR PLANNING COMMISSION ACTION FWRC Title 19, "Zoning and Development," Chapter 19.80, "Process VI Review," establishes a process and criteria for development regulation amendments. Consistent with Process VI review, the role of the Planning Commissian is as follows: 1. To review and evaluate the proposed development regulation amendments. 2. To determine whether the proposed development regulation amendment meets the criteria provided by FWRC 19.80.130 � City of Tacoma short subdivision regulations do not require applicants to post Notice of Application signs on the subject property. Onsite Public Notice Signs for Short Subdivision Notice of Application File #10-100308-UP Planning Commission Staff Report 131 Page 2 of 3 �����' i ���� 3 �� , 2 3. To forward a recommendation to City Council regarding adoption of the proposed development regulation amendment F. DECISIONAL CRITERIA FWRC 19.80.130 provides criteria for development regulation amendments. The following section analyzes the compliance of the proposed amendments with the criteria provided by FWRC 19.80.130. The city may amend the text of the FWRC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. Staff Response — The proposed code amendment is consistent with the following dand use chapter policies: LUP4 —Maximize efficiency of the development reviewprocess. LUP6— Conduct regular reviews of the development regulations to determine how to improve upon the permit review process. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. Staff Response — The proposed code amendment bears a substantial redationship to welfare as it will remove duplicative land use notice signs on properties within the city while stild meeting public notice requirements. 3. The proposed amendment is in the best interest of the residents of the City. Staff Respon�e — The proposed amendment is in the best interest of the city as it reduces costs associated wath duplicative sign posting. G. STAFF REGOMMENDATION Staff recommends amending the short subdivision notice requirements to a minimum of one onsite notice sign with the ability to require additional signs if appropriate. H. PLANNING COMMISSION ACTION Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarc�ing the proposed development regulation amendments: 1. Recommend to City Council adoption of the FWRC text amendments as proposed; 2. Modify the proposed FWRC text amendments and recommend to City Council adoption of the FWRC text amendments as modified; 3. Recommend to City Council that the proposed FWRC text amendments not be adopted; or. 4. Forward the proposed FWRC text amendments to City Council without a recommendation. K�2009 Code AmendmentsWDU and Appraisal Clarification\Planning Commission�Notice Sign�S�aff Repon & Proposed Code L.anguage�Notice Sign Staff Report.doc Onsite Public Notice Signs for Short Subdivision Notice of Application File #10-100308-UP Planning Commission Staff Report 132 Page 3 of 3 ������� 1 - EXHIBIT A ��� � _�_�� t ?. Federal Way Revised Code Title 18, "Subdivisions" 18.30.080 Notice. (1) Content. 'The director of community development services shall, within 14 days of issuing a letter of completeness on the proposal, prepare a notice of application containing the following information: (a) The name of the applicant and, if applicable, the project name. The date of application, date of the notice of completion for the application and the date of the notice of application. (b) The street address of the subject property or, if this is not available, a locational description in nonlegal language. Except for notice published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (c) The citation of the provision of this title describing the requested decision and, to the extent known by the city, any other permits which are not included in the application. (d) A brief description of the requested decision, a list of the project permits inciuded in the application, and, if applicable, a list of any studies requested under RCW 36.70A.440. (e) A statement of the availability of the official file. (� A statement of the right of any person to submit written comments to the director of community development services regarding the application within 15 days of the date of the notice. (g) A statement that only persons who submit written comments to the director of community development services, or specifically requests a copy of the original decision, may appeal the director's decision. (h) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (i) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.70B.040. (2) Distribution. Within 14 clays of issuance of the letter of completeness, and at least 14 calendar days before the deadline for submitting comments, the director of community development services shall distribute this notice as follows: (a) A copy of the notice will be published in a newspaper of general circulation of the city. (b) At least t�ee-se�es one copv of the notice will be conspicuously posted �~ ~-- �°�� `�° � �g adiacent to the primary vehicular access to ~ ��°-�• *'"+ °'"'f° the subject property. Additional signs shall be�osted on or near the sub�ect pro�erty if needed to clearlv identifv the ro e (c) A copy of the notice will be posted on each of the official notification boards of the city and public libraries located within the city. (Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07. Code 2001 § 20-88.) K:�2009 Code AmendmentsWDU�and Appraisal Clarification\Planning Cortvnission\Notice Sign�Staff Report & Proposed Code Language\Exhbit A Proposed Language.doc 133 ������� � From: Tina Piety �/��� s" �� � � Sent: Wednesday, February 03, 2010 9:03 AM ��� To: Bili McCaffrey; Bob Cooper; Bob Roper; Brant A. Schweikl; Brett Thomas; Chad Weiser; Chris Carrel; Christine Balyeat; Connie Boyle; Dale A. Roper; Dan Biles; Dan Coxall; Darla Morin; Dave Matafin; Dave Thorstad; Dennis Haneberg; Don Perry; Gareth Roe; Garrett Huffman; Gary Hering; Gary Martindale; Gil Hulsmann; Hans Korve; Haynes Lund; Heidi Swartz; James Pate;leff Greene;leff Oliphant; Jennifer Dovey; Jerry Neinz; Jim lordan; John Bowman; John Norris; Jon Potter;lulie Ramseth; Koong Cho; Kurt Wilson; Mark Clirehugh; Mark Freitas; Mel Easter; Mike Bailey; Mike Behn; Mike Hovland; Monte Powell; Paul Lymberis; Paul Manzer; PeterTownsend; Randy Lloyd; Rick Olson; Rob Aigner; Rob Rueber; Rod Leland; Ron Biesold; Ron Tremaine; Sam Pace; Scott Rhodes; Sheppard Cutler; Sid White; Steve Hammer; Steve Kelly; Tim Atkins; Tim Osborne; Todd Suchan; Tom Barghausen; Tom Pierson; Tom Raymond; Tony Starkovich; Tres Kirkebo Cc: Matt Herrera; Margaret Clark; Greg Fewins; Isaac Conlen; Cary Roe; Ken Miller; Lee Bailey; William Appleton Subject: Notice of Federal Way Planning Commission Att�chments: Notice of Public Hearing.doc Hello Federal Way Stakeholders, On February 17, 2010, the Federal Way Planning Commission will hold a public hearing on proposed amendments to the Federal Way Revised Code (FWRC) regarding: Accessory Dwelling Unit (ADU) size calculation; clarification of appraisal requirements; and short subdivision notice requirements. Please see the attached notice for specific information. Please address any questions and/or comments to Associate Planner Matt Herrera at 253-835-2638, or matt.herrera_@cityoffederalway.com. Ti,n.a.�'i,e,t'y, fld.vn,i.n,i.�trat'w��1�i.�ta.v�,tll Community Development Services City of Federal Way Stree#: 33325 8th Avenue South M�iL• PO Box 9718 Federal Way, WA 98063 253-8�5-2601; Fax 253-835-2609 134 EXHIBIT B Stakeholders List Updated February 2010 Bob Cooper Lloyd Enterprises Inc. PO Box 3889 Federal Way, WA 98063-3889 bobcnllovdente�prisesinc.com Chris Carrel Friend of the Hylebos PO Box 24971 Federal Way, WA 98093 ccarrel�watt.blackberry.net Dan Biles SBI Developing PO Box 73790 Puyallup, WA 98373 danb a�soundbuilthomes.com Kurt Wilson SBI Developing PO Box 73790 Puyallup, WA 98373 (253)539-8116 kurtr),sotmdbuilthomes.com Darla Morin Harsch Investment Properties 13010 NE 20�` Street, Suite 450 Bellevue, WA 98005 (425) 284-5352 darlamnharsch.com Julie Raxnseth Harsch Inveshnent Properties 13010 NE 20`� Street, Suite 450 Bellevue, WA 98005 (530) 450-07'78 �t�l ier(a�harsch.com Don Pexry Lakehaven Utility District PO Box 4249 Federal Way, WA 98063 �errx�ir),lakehaven.org Tim Osborne, PE Lakehaven Utility District 31627 1 Avenue South Federal Way, WA 98003 (253)946-5540 tosb�rne(a?lakehaven.org John Bowman Lakehaven Utility District PO Box 4249 Federal Way, WA 98063 (253) 946-5401 jbowman a�lakeha� en.org �������' i RA�E � ��� Paul Manzer Pacland Development Consulting 11235 SE 6'� Street, Suite 220 Bellevue, WA 98004 (425)453-9501 pmanzer � acland.com Gil Hulsmann Abbey Road Group Rod Leland PO Box 1224 Federal Way Public Schools Puyallup, WA 98371 31405 18�' Avenue South (253) 435-3699 Federal Way, WA 98003 C il.hulsmann!n�abhe .yroadgroup.com rleland fwsd.wednet.edu Jennifer povey Windermere 33405 6`� Avenue South Federal Way, WA 98003 (206)423-8000 j sdovev�cUwindermere.com John Noms Norris Homes 2053 Faben Drive Mercer Island, WA 98040 (206)275-1901 ,�ohnnorris�?co�icast. net Steve Kelly ESM Consulting Engineers 33915 1 Way South, Suite 200 Federal Way, WA 98003 (253) 838-6113 Steve. kelly� e smc iv il. cam Mark Clirehugh GVA Kidder, Mathews, Segner 1201 Pacific Avenue, # 1400 Tacoma, WA 98402 (253)722-1416 marckcC�vak�n.cc�m Paul Lyrnberis Quadrant Homes PO Box 130 Bellevue, WA 98009 (425)452-6556 Paul.l�mberis�ci�quadranthomes. com Sid White Fecieral Way Public Schools 1066 South 320`� Street Federal Way, WA 98003 (253)945-5935 swhitena,fwps.org Ron Biesold South King Fire & Rescue 31617 l Avenue South Federal Way, WA 98003 (206)227-9301 Ron.biesoldLa�,southkin f� ue.org Tom Raymond South King Fire & Rescue 31617 1 �` Avenue 8outh Federal Way, WA 98003 (253)946-7241 Tom.raymond(c�southkin firg, e.Or° To� Pierson Federal Way Chamber of Commerce PO Box 4220 Federal Way, WA 98063 (253)838-2605 tampSi�federalwaychamber.com Sam Pace Sea/King County Assoc of Realtors 29839 154�' Avenue SE Kent, WA 98042-4557 (253)630-5541 sarn�ace(�`oncentric.ne t K�?009 Code AmendmentsWDU and Appraisal Clazification�Planning CommissionWotice Sign\Sta���n & Proposed Code Language\Exhbit B Stakeholdas List.doc Page 1 of 3 Ron Tremaine Redstone Development Land Acquisition and Development 17417 433` Street SE North Bend, WA 98045 i•edsion i1, cam 425-831-7730 (wk) 206-353-1761 (cell) 425-831-7783 (fax) Monte Powell Powell Homes 29607 8`" Avenue South Federal Way, WA 98003 monte(cr�.gowc Ll,homes. c om Garrett J. Huffman Master Builders Association of King/Snohomish Counties 335 116`� Avenue SE Bellewe, WA 98004 ghuffman� �mbaks.com 425-460-8236 (MBAKS) Brant A. Schweikl, P.E. Managing Member Schweikl and Associates, PLLC 705 South 9`� Street, Suite 303 Tacoma, WA 98405 bschiye ikl(a�sac ivil . net 253-272-4451 (wk) 253-272-4495(fax) Mike Behn Quadrant, Development Manager 14725 SE 36`� Street, Suite #200 PO Box 130 Bellevue, WA 98009 mike.behn(i�quadranthomes. corn 425-452-6563 425-753-4866(cell) Hans Korve 726 Auburn Way 1Vorth Auburn, WA 98032 hans "tc�dm�_inc.us 253-383-2200 Bob Roper bob. roper(a�comcast. n.et 253-941-6954 Dale A Roper The Roper Company Landscape Architecture/Site Planning 816 Cherry Avenue, #3A �������,�i _,__— Sumner, WA 98390 Mark Fre��� ( ��� 253-891-1030 33516 9�' Avenue Sout 253-826-3891 (fax) Federal Way, WA 98003 ropzrdalesa�aol.cam 253-838-8327 markfccim(a?,cs.com Gary Hering 1439 SW 296�' Street Federal Way, WA 98023 �hering(c�comcast. net Tim Atkins Big Mountain Enterprises tim(�a,bi�mountainent.com PO Box 1001 Enumclaw, WA 98022 Bill McCaffrey WJM Siudio 1911 SW Campus Drive, Suite 116 Federal Way, WA 98023 wJ'mecaffreX(a�comcast.net Tom Barghausen Barghausen Consulting Engineers 18215 72 Avenue South Kent, WA 98032 tbar�ha.usen�a barehausen. com Peter Townsend 1648 South 310�' Street, Suite 6 Federal Way, WA 98003 253-839-2947 netert8 rr,me.conl Auburn, WA 98032 Mike Baily LDG Architects 1319 Dexter Avenue, Suite 260 Seattle, WA 98109 206-283-4764 mikeCa�ldgarchitects.carn Tres Kirkebo Apex En�ineering 2601 35 Street, Suite 200 Tacoma, WA 98409 253-473-4494 kirkebo(u�apexengineerin�.net Dennis Haneberg Apex En�ineering 2601 35 Street, Suite 200 Tacoma, WA 98409 253-473-4494 hanber cr,apexen '�eerin .�net Gary Martindale The Commons of Federal Way 1928-B South Commons Blvd Federal Way, WA 98003 253-839-6156 gmartindale(a)tcafw.com Jeff Greene Greene Gasaway Architects PO Box 4158 Federal Way, WA 98063-4158 253-941-4937 jeff�garch�ieanet.com Steve Hammer Browleit Peterson Hammer Architects 6920 220`� SW, Suite 2U0 Mountlake Tenace, WA 98043 steve�a�bpharch.com Chad Weiser OTAK 10236 NE Points Drive, Suite 400 Kirkland, WA 98033-7897 206-442-1359 chad.weiser a,otak.com Christine Balyeat New Concept Homes PO Box 1229 Issaquah, WA 98027 hcbalyeat a7hotmail.com Mel Easter Johnson Braund Design Crroup 15200 52� Avenue South, Suite 200 Seattle, WA 98188 206-766-8300 mele .jbdg.com Koong Cho Royal Hospitality (Hampton Inn) 15901 West Valley Highway Tukwila, WA 98188 253-318-0908 koon�c c�comcast.net K�\2009 Code AmendmentsWDU and Appraisal Clarification\Planning CommissanWotice Sign\Sta�Ff�rt & Proposed Code Language\Exhibit B Stakeholders List.doc Page 2 of 3 Jim Jordan (Saghalie Heights developer) ir�orcian(i� isomedia.co►u Mike Hovland Hovland Architects 900 Meridian Avenue East, Ste 408 Milton, WA 98354 havarcht(c�comcast.l�et Dave Thorstad 406 South 289`�' Place Federal Way, WA 98003 dltarchitect(weomcast.net Dan Coxall Hammes Co. (St. Francis Hospital) 1325 4`�' Avenue, Suite 1035 Seattle, WA 98101 dcoxall�,�hamnnesco. com Tony Starkovich 1611 9�' Avenue North Edmonds, WA 98020 425-775-6552 vinta ¢ecapital(a)hatmail.com Brett Thomas brett rilmountainconst.com Connie Boyle connie.boyle(a�colliers.com James Pate iamesp�),harsch.com Jeff Oliphant j1o55�i�aol..com Jerry Heinz ,�erry.heinz(a�weyerhaeuser.com Jon Potter jpotter936�c�aol.com Randy Lloyd randvllovd a.xprint.blackberrv.net Rick Olson RickOlson(r�fhshealth.or� Rob Aigner roba(i�harsch.com Rob Rueber arrueber�cucomcast.net Scott Rhodes rhodesarchitecture�a,gmail.com Sheppard Cutler s�vc cufishersons.com Todd Suchan tsuchan(awildwaves.corn Gordon Olson Gardon.olson[�i,southkin fg ire.org E�����T_� � __- ����. � C�� i Z� B�� 2106 Pacific Avenue, Suite 300 Tacoma, WA 98402 253-627-4367 roe a?bcxadesi .ng cam Heidi Swartz Swartz Development 5724 30`�' Avenue NE Seattle, WA 98105 (206) 730-6933 cell (206) 527-8999 fax hpswartz(a�comcast.net K:�2009 Code AmendmentsWDU and Appraisal Clarification\Planning CommissionlNotice Sign�St��eaort & Proposed Cude Language�Exhibit B Stakeholders List.doc Page 3 of 3 E����I�'_ � From: Tina Piety ���� � ��' Z, Sent: Wednesday, February 10, 2010 8:40 PM To: Bill McCaffrey; Bob Cooper; Bob Roper; Brant A. Schweikl; Brett Thomas; Chad Weiser; Chris Carrel; Christine Balyeat; Connie Boyle; Dale A. Roper; Dan Biles; Dan Coxall; Darla Morin; Dave Matafin; Dave Thorstad; Dennis Haneberg; Don Perry; Gareth Roe; Garrett Huffman; Gary Hering; Gary Martindale; Gil Hulsmann; Hans Korve; Haynes Lund; Heidi Swartz;lames Pate;leff Greene; Jeff Oliphant; Jennifer Dovey;lerry Heinz;lim Jordan;lohn Bowman;lohn Norris; Jon Potter; Julie Ramseth; Koong Cho; Kurt Wilson; Mark Clirehugh; Mark Freitas; Mel Easter; Mike Bailey; Mike Behn; Mike Hovland; Monte Powell; Paul Lymberis; Paul Manzer; Peter Townsend; Randy Lloyd; Rick Olson; Rob Aigner; Rob Rueber; Rod Leland; Ron Biesold; Ron Tremaine; Sam Pace; Scott Rhodes; Sheppard Cutler; Sid White; Steve Hammer; Steve Kelly; Tim Atkins; Tim Osborne; Todd Suchan; Tom Barghausen; Tom Pierson; Tom Raymond; Tony Starkovich; Tres Kirkebo Cc: Matt Herrera; Margaret Clark; Greg Fewins; Isaac Conlen; Lee Bailey; Cary Roe; Ken Miller; Marwan Salloum; William Appleton Subject: Federal Way Planning Commission Attachments: Exhibit D Stakeholders List.doc; ADU Staff Report.doc; Exhibit A Revised SE Chart.doc; Exhibit B Revised RS Chart.doc; Exhibit C Stakeholders List.doc; Exhibit F Stakeholders List.doc; Appraisal Staff Report.doc; Exhibit A Surface Water Management 16.15.010.doc; Exhibit B Subdivisions 18.55.060.doc; Exhibit C Chapter 19.30 Nonconformace.doc; Exhibit D Development Improvements 19.135.030.doc; Exhibit E Stakeholders List.doc; Notice Sign Staff Report.doc; Exhibit A Proposed Language.doc; Exhibit B Stakeholders List.doc; Exhibit C Stakeholders List.doc Hello Federal Way Stakeholders, On February 17th, the Federal Way Planning Commission will be holding public hearings on proposed amendments to the Federal Way Revised Code (FWRC) regarding: Accessory Dwelling Unit (ADU) size calculation; clarification of appraisal requirements; and changes to short subdivision notice requirements. Attached you will find the Planning Commission agenda and staff reports and exhibits for the proposed amendments. If you have any questions, please contact Associate Planner Matt Herrera at 253-835-2638, or matt_._herrera �cityoffede_ralway_.com. r���y, �����ax-�w���-�-rr Community Development Services City of Federal Way Street: 33325 8th Avenue South Mail: PO Box 9718 Federal Way, WA 98063 253-835-2601; Fax 253-835-2609 138 EXHIBIT C Stakeholders List Updated February 2010 Bob Cooper Lloyd Enterprises Inc. PO Box 3889 Federal Way, WA 98063-3889 bobc(�a,lloydenterprisesinc.co�n Chris Carrel Friend of the Hylebos PO Box 24971 Federal Way, WA 98093 ccarrel�a,att.blackberr �.� Dan Biles SBI Developing PO Box 73790 Puyallup, WA 98373 danb�n,soundbuilthomes_c om Kurt Wilson SBI Developing PO Box 73790 Puyallup, WA 98373 (253) 539-8116 kurt�u,sotmdhuilthomes.com Darla Morin Harsch Investment Properties 13010 NE 20`� Street, Suite 450 8ellewe, WA 98005 (425)284-5352 darlam�a,harsch.com Julie Ramseth Harsch Investment Properties 13010 NE 20`� Street, Suite 450 Bellevue, WA 98005 (530)450-0778 julier�harsch.com Don Perry Lakehaven Urility District PO Box 4249 Federal Way, WA 98063 dperry@,lakehaven.org Tim Osborne, PE Lakehaven Utility District 31627 l s ` Avenue South Federal Way, WA 98003 (253) 946-5540 tosborne(c� Iakeha ve n. org John Bowrnan Lakehaven Utility District PO Box 4249 Federal Way, WA 98063 (253)946-5401 ; bowman ,�lakehaven.org E�F����T � PA+�E �� �� �z Paul Manzer Pacland Development Consulting 11235 SE 6`� Street, Suite 220 Bellewe, WA 98004 (425) 453-9501 �manzer�a?pacland.com Gil Hulsmann Abbey Road Group Rod Leland PO Box 1224 Federal Way Public Schools Puyallup, WA 98371 31405 18`� Avenue South (2S3) 435-3699 Federal Way, WA 98003 �il.hulsinamiCa�abbeyroadgroup.com rleland��v,fwsd.wednet.edu Jennifer povey Windermere 33405 6�' Avenue South Federal Way, WA 98003 (206) 423-8000 �sdovey�.windermere.com John Norris Norris Homes 2053 Faben Drive Mercer Island, WA 98040 (206)275-1901 j ohnnorris(a comcast.net Steve Kelly ESM Consulting Engineers 33915 l Way South, Suite 200 Federal Way, WA 98003 (253)838-6113 Steve.kelly_�a?,esmcivil. com Mark Clirehugh GVA Kidder, Mathews, Segner 1201 Pacific Avenue, #1400 Tacoma, WA 98402 (253)722-1416 marckc���avakm.com Paul Lymberis Quadrant Homes PO Box 130 Bellevue, WA 98009 (425) 452-6556 Paul.lvmberis(a�quadranthomes.com Sid White Federal Way Public Schools 1066 South 320�` Street Federal Way, WA 98003 (253) 945-5935 swhite�r�fwps.org Ron Biesold South King Fire & Rescue 31617 l Avenue South Federal Way, WA 98003 (206)227-9301 Ron.biesoldnsouthkingfire.or� Tom Raymond South King Fire & Rescue 31617 1 Avenue South Federal Way, WA 98003 (253)946-7241 Tom.raymond(c�southkin�fire.org Tom Pierson Federal Way Chamber of Cominerce PO Box 4220 Federal Way, WA 98063 (253)838-2605 tom�(a?federalwaychamber.com Sam Pace Sea/King County Assoc of Realtors 29839 154` Avenue SE Kent, WA 98042-4557 (253)630-5541 sa m�ace'ir,�,concentric.net &\2009 Code Amendments�ADU and Appraisal Clarification\Planning Commission�Notice Sign\SIa�R�ort & R•oposed Code Language\Ezhbit C Stakeholders Liscdoc Page 1 of 3 E��f ���T � Ron Tremaine Redstone Development Land Acquisition and Development 17417 433` Street SE North Bend, WA 98045 redstoneron(c�hatmai l , com 425-831-7730(wk) 206-353-1761 (cell) 425-831-7783 (fax) Monte Powell Powell Homes 29607 8�' Avenue South Federal Way, WA 98003 monte@powell-homes.com Garrett J. Huffman Master Builders Association of King/Snohomish Counties 335 116�' Avenue SE Believue, WA 98004 ghuffxnan ,mbaks.com 425-460-8236 (MBAKS) Brant A. Schweikl, P.E. Managing Mernber Schweikl and Associates, PLLC 705 South 9�' Street, Suite 303 Tacoxna, WA 98405 bschweikl@,sacivil.net 253-272-4451 (wk) 253-272-4495(fax) Sumner, WA 98390 253-891-1030 253-826-3891 (fax) roperdale�a?aol.com Gary Hering 1439 SW 296`� Street Federal Way, WA 98023 �jhe;rin�� camcast.net Tim Atkins Big Mountain Enterprises tim�,�bi�nountainent.com PO Box 1001 Enumclaw, WA 98022 Bill McCaffrey WJM Studio 1911 SW Campus Drive, Suite 116 Federal Way, WA 98023 w�'mccaffrey�ic ,comcast.net Tom Barghausen Barghausen Consulting Engineers 18215 72 Avenue South Kent, WA 98032 tbar�hausen(a�bar�hausen.com Peter Townsend 1648 South 310`� Street, Suite 6 Federal Way, WA 98003 253-839-2947 petert��.roe.com Auburn, WA 98032 Mark F � 335169��Av�� � Federal Way, WA 98003 253-838-8327 mark#ccim(a;cs.com Tres Kirkebo Apex En�ineering 2601 35 Street, Suite 200 Tacoma, WA 98409 253-473-4494 kirkebo d!apexen in� eerine.net Dennis Haneberg Apex En�ineering 2601 35 Street, Suite 200 Tacoma, WA 98409 253-473-4494 hanberg�ic ,apexen in�ering.net Gary Martindale The Commons of Federal Way 1928-B South Commons Blvd Federal Way, WA 98003 253-839-6156 gmartindale(cUtcafw. com Jeff Greene Greene Gasaway Architects PO Box 4158 Federal Way, WA 98063-4158 253-941-4937 ,jeff� a�h,�cUSeanet.com Mike Behn Quaiir�nt, Development Manager 14725 �E 36`� Street, Suite #200 PO Box 130 Bellevue, WA �8009 mike.behn(a�quac3ranthomes.com 425-452-6563 425-753-4866(cell) Hans Korve 726 Auburn Way North Auburn, WA 98032 han�dmp-inc.us 253-383 2200 Bob Roper bob.roper(cr�,coxncast.net 253-941-6954 Dale A Roper The Roper Company Landscape Architecture/Site Planning 816 Cherry Avenue, #3A Mike Baily LDG Architects 1319 Dexter Avenue, Suite 260 Seattle, WA 98109 206-283-4764 mike �ld�architects.com Chad Weiser OTAK 10236 NE Points Drive, Suite 400 Kirkland, WA 98033-7897 206-442-1359 chad.weiser�otak.com Christine Balyeat New Concept Homes PO Box 1229 Issaquah, WA 98027 l�cbalyeat�c�hotmail.com Steve Hammer Browleit Peterson Hammer Architects 6920 220�' SW, Suite 200 Mountlake Terrace, WA 98043 steve a bpharch.com Mel Easter Johnson Braund Design Group 15200 52" Avenue South, Suite 200 Seattle, WA 98188 206-766-8300 mele[r�, jbdg.com Koong Cho Royal Hospitality (Hampton Inn) 15901 West Valley Highway Tukwila, WA 98188 253-318-0908 koon�.7c(ci?co mcast. net K:�2009 Code AmendmrntsWDU and Appraisal Clarification\Planning Cormniwion\Notice Sign\Staff�ort & Proposed Code Language�Exhbit C Stakeholders List.doc Page 2 of 3 Jim Jordan (Saghalie Heights developer) j rj ardan� isa nzedia. co m Mike Hovland Hovland Architects 900 Meridian Avenue East, Ste 408 Milton, WA 98354 hovazcht c�comcast.net Dave Thorstad 406 South 289�` Place Federal Way, WA 98003 ditarchitect(?,comcast.net Dan Coxall Hammes Co. (St. Francis Hospital) 1325 4'�' Avenue, Suite 1035 Seattle, WA 98101 dcoxalltiv,hammesco. com Tony Starkovich 1611 9`� Avenue North Edmonds, WA 98020 425-775-6552 vinta�ecapital�c?hotznail.com Brett Thomas brett mountainconst.com Connie Boyle connie.boKSu�?colliers.com James Pate ,james�(a�harsch.com Jeff Oliphant j1o55(a�aol.com Jerry Heinz jerry.heinz �weyerhaeuser.com Jon Potter jpotter936Ccr?aol.com Randy Lloyd rand�yd(cr)xprint.blackberr .� Rick Olson RickC3lson@fhshealth.or� Rob Aigner roba��;harsch.com Rob Rueber arrueber(a)comcast.net Scott Rhodes rhodesarchitecture(cr?gmail.com Sheppard G�tler swc(a�fishersons.corn . Todd Suchan tsuchan �wildwaves.cam Gordon Olson Gordon.olsonna,southkingtire.org E�h�����' � 8��,'��=��! ? 2106 Pacific Avenue, Suite 300 Tacoma, WA 98402 253-627-4367 �roe�a?.bcradesi n.� corn ' Heidi Swartz Swartz Development ' 5724 30`�' Avenue NE I Seattle, WA 98105 I (206) 730-6933 ce�l (206) 527-8999 fax hpswartz(�a,comcast.net K:\2009 Code AmendmeMSWDU and Appraisal Clarification\Planning Commission\Notice Sign\StaR �ort & Proposed Code Language�Exhbit C Stakeholders List.doc Page 3 of 3 CITY OF FEDERAL WAY PLANNING COMMISSION February 17, 2010 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Sarady Long, Lawson Bronson, Wayne Carlson, Tam Medhurst, and Tim O'Neil. Commissioners absent: none. Staff present: Planning Manager Isaac Conlen, Senior Planner Margaret Clark, Assistant City Attorney Peter Beckwith, and Administrative Assistant Tina Piety. Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The rt�inutes of January 20, 2010, were approved as written. AUDIENCE COMMENT Commissionner Carlson commented that two Federal Way residents won Silver and Bronze metals this last weekend at the Olympic Games. He feels the city should consider acknowledging their achievement. Mr. Conlen replied that Mayor Kochmar had noted the same at last night's City Council meeting and stated that some sort of recognition and or ceremony will be planned. ADMINISTRATIVE REPORT Mr. Conlen r�oted that Associate Planner Matt Herrera, who was scheduled to deliver tonighYs staff reports is out sick. Mr. Conlen and Ms. Clark will be delivering the staffreports. As an FYI to the Commission, Mr. Conlen reported that the 23 Avenue Condos/Skyway Hotel (a mixed-use project with residential, hotel, of#ice, and retail) is in the preapplication phase. They are planning two towers, one approximately 400 feet in height and the second approximately 200 feet in height. COMMISSI0IV BUSINESS PUBLIC HEARTNG — Accessory Dwelling Unit Size Calculations Mr. Conlen delivered the staff report. The proposed code amendments wi11 clarify what portions of the structure should be included in the Accessory Dwelling Unit (ADL� size calculation; remove the 15,000 square foot lot size threshold for detached ADUs; and make housekeeping amendments to ADU use zone charts. Current FWRC regulations do not clearly define what axeas are included in the ADU size calcularion. The proposed amendment would specifically exclude garages, workshops, and similar non- living areas from the ADU size calculation. Removal of the 15,000 square foot lot size threshold would allow detached ADUs on all lots. Same Pace, Seattle/King County Association of Realtors — He commented that the association supports the proposed amendments. 1) They support the removal of the 15,000 square foot threshold because it is inconsistent with the lots available in Federal Way. 2) The prescriptive provisions are dysfunctional. 3) The proposed amendments pass the common sense test. 4) The proposed amendments retain protections that ADUs will be smaller in size than the principal EXHI�IT 2 - '� PAGE �___aF.� . C:�Documcnts and SettingsMatthU.ocal Settings\Temporary Interna Files\Content.0udook�LLX2CF8V\Meeting Suvm�ary 02-17-10.doc 142 Planning Commission Minutes Page 2 February 17, 2010 building. Commissioner O'Neil asked if there can be a breezeway to a detached ADU, or would that be considered an attached ADU. Mr. Conlen replied that as long as it is a non-structural, non-supporting breezeway, the ADU would be considered detached. It is possible the building could be so close together that the city would consider the ADU to be attached. Commissioner O'Neil asked if the ADU could be rented. Could an owner build an ADU for the sole purpose of renting it out as a fmancial venture? Mr. Conlen replied that an owner could build an ADU for the sole purpose of renting it out as a financial venture. The Federal Way Revised Code (FWRC) dces require the owner to live on the property, either in the principal residence or the ADU. Commissioner Long asked how this can be enforced. Mr. Beckwith replied that most enforcement in the city is compliant based, meaning that if someone complains about who is living in an ADU, the city will research the issue. Mr. Conlen commented that the owner is required to sign a document that runs with the land stating the owner will dwell on the property. Commissioner O'Neil asked for a clarification of what is meant by average building elevation the height of the structure and grade. Mr. Conlen explained the terms. He also stated that an ADU cannot exceed the height of the principal structure. Commissioner Long asked how may ADUs has the city approved. Ms. Clark replied that the city had a lot of existing ADUs when we incorporated. The city worked with the owners to bring them into compliance. Since the city incorporated there have been only approximately 5 new ADUs, bringing the total of new and existing to 25 to 30 ADUs. Commissioner Long commented that since it is likely that more than one car will be parked on a lot, does the city anticipate any parking issues? Mr. Conlen replied that typically there is adequate room for parking. Commissioner Carlson moved (and it was secondec� to recommended adoption of the staff's recommendation for the proposed amendments for the Accessory Dwelling Unit Size Calculation. The motion carried unanimously. The public hearing was closed, PUBLIC HEARING — Clarification of Appraisal Requirements Ms. Clark delivered the staff report. The intent of the proposed amendments is to clarify and make consistent who is authorized to conduct an appraisal. There are ten sections of the FWRC that require an appraisal. Of those, two require an MAI appraisal, which is a professional accreditation by the Appraisal Institute, a private association of real estate appraisers. The remaining eight require an appraisal that is, "acceptable to the city." In addition, the city may require a second appraisal if the valuation of the first is considered inappropriate. Staff proposes that the language be changed to require the appraisal be performed by a state certified appraiser. Language allowing the city to request a second appraisal will be removed. Same Pace, Seattle/King County Association of Realtors — He commented that the association supports the proposed amendments. 1) 'They are pleased the proposed amendments remove inconsistencies. 2) They are pleased the proposed amendments leave in the choice of an assessment or appraisal. 3) The proposed amendments ensure the appraiser meets the highest legal standard. 4) The proposed amendments minimize the potential for a second appraisal. 5) The proposed amendments are efficient and reduce costs. Commissioner Long asked with the requirement of a state certified appraiser, is it likely the owner would C:�Documents and Settings�natth�Local Settings\Tmq�orary Intemei Files\Content.0udook\LLXZCF8V\Meeting Summary 02-17-10.doc EXH I�31T � �43 RQGE�O�� Planning Cormrussion Minutes Page 3 February 17, 2010 want to use an appraiser certified by another state. Ms. Clark replied the city would require a Washington state appraiser. Same Pace, Seattle/King County Association of Realtors — He commented that the state requires that the state certified appraiser be geo-competent, which would be unlikely with an out-of-state appraiser. Commissioner Medhurst why is the city giving the choice of an assessed value or an appraisal, why not just the assessed value? Ms. Clark replied that city wants to be flexible and give applicants a choice. She noted that the proposed amendments do not address the issue if a choice should be available, but simply clarify who is authorized to conduct an appraisal. Commissioner Bronson expressed concern that the city may question the appraised value; specifically, that a staff member without appraisal experience may question an experience appraiser. Ms. Clark replied that staff would only question an appraisal that was unreasonable and would have to have a reason to question the appraisal. If a question arose, a state certified appraiser would be hired to perform the second appraisal. Same Pace, Seattle/King County Association of Realtors — He commented that an assessment is done once a year (with an appeal period). If the economy changes, by the time the owner applies to the city, the value may have changed. In such a case, an owner may be better off submitting an appraised value as opposeel to the assessed value. Commissioner Bronson moved to recommended adoption of the staff's recommendation for the proposed amendments to Clarify the Appra.isal Requirements. The motion carried unanimously. The public hearing was closed. PUBLIC HEAxING — Short Subdivision Notice Requirements 1VIs. Clark delivered the staffreport. Current FWRC regulations require the posting of three onsite notice boards on or near the subject property. The proposed amendment would reduce the requirement to one onsite board, with the ability to post adclitional boards if needed. Three onsite notice boards are not necessary as many properties only abut one right-of-way. The proposed amendment would reduce costs associated with providing notice boards and staff time to post boards. The proposed amended language would require additional notice boards to be posted if staff finds that they are needed to clearly identify the property. Same Pace, Seattle/King County Association of Realtors — He commented that the association supports the proposed amendments. 1) A short subdivision may be a division into only two lots and the requirement for three notices boards is excessive in such instances. 2) The proposed amendment fits smaller lots, of which there are many in Federal Way. 3) The "if needed" language referring to additional notice boards is ambiguous, but the Association is willing to wait to see how it works. 4) The notice board is not the only notice given. Commissioner Carlson commented that he supports the proposed amendment and that the only downside he sees is the city may receive complaints that one norice board is not adequate notice. Commissioner O'Neii asked what happens if a notice board is defaced. Ms. Clark responded that if the city is told, the board would be replaced. Commissioner O'Neil moved to recommended adoption of the staff's recommendation for the proposed amendments to Short Subdivision Notice Requirements. The motion carried unanimously. The public C:lpocuments and Settings�matth\Local Settmgs\Temporary Intemet Fiks\Contrnt.0udook\LLX2CF8V�Meeting Swmnary 02-17-IO.doc �X �� B'T � 144 �����' �. 3 _ OF ,,.... Planning Commission Minutes Page 4 February 17, 2010 hearing was closed. ADDITIONAL BUSINESS ' Staff anticipates there will be no meetings in March. go before the City Council on March 16`�'. The 2010 Planning Commission Work Program will AUDIENCE CUMMENT Same Pace, Seattle/King County Association of Realtors — He commented that the city has a good list of stakeholders. ADJOURN The meeting was adjourned at 8:05 p.m. C:\pocumrnts and Settings\mauh\Local Settings\Tereqwrary IntemM Fiks\Con[rnt.0udook\LLX2CF8V�MeMing Surrm�ary 02-17-IO.doc 145 GXI"'i f ���,�.�..._. ���i� � V�`.._� ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to short subdivision notice requirements; amending FWRC 18.30.080. (Amending Ordinance No. 07-554.) WHEREAS, the City recognizes the need to periodically modify Title 18 "Subdivisions," of the Federal Way Revised Code (FWRC) in order to conform to state and federal law; codify administrative practices; clarify and update subdivision regulations as deemed necessary; and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 18 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt a new amendment for the FWRC which establishes development regulations that reduces the number of onsite short subdivision public notices from three to one onsite notices within the City of Federal Way; and WHEREAS, an Environmental Threshold Determination was not necessary as the amendment is related solely to governmental procedures and therefore, categorically exempt from the State Environmental Policy Act; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on February 17, 2010, ancl forwarded a recommendation of approval; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on March 1, 2010, and recommended adoption of the text amendments as recommended by the Planning Commission; Ordinance No. 10- Page / of 4 146 EXH1���'�� 3 PAGE__i �_OF_�___ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findin�s. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendment. (a) This code amendment is in the best interest of the residents of the City and will benefit the City as a whole by reducing duplicative notice posting and unnecessary use of staff time and resources. (b) This code amendment complies with Chapter 36.70A RCW, Growth Management. {c) This code amendment is consistent with the intent and purpose of Title 19 FWRC and will irriplement and is consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) This code amendment bears a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) This code amendment has followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendment is consistent with, and substantially implements the following Federal Way Comprehensive Plan goals and policies: LUP4 — Maximize efficiency of the development review process. Ordinance No. 10- Page Z oj4 Rev I/10 LU 147 �XH����,_ � RAGE 2 �� �/ LUP6 — Conduct regular reviews of the development regulations to determine how to improve upon the permit review process. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it will remove duplicative land use notice signs on properties within the city, while still meeting public notice requirements. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because reduces costs associated with duplicative sign posting. Section 3. FWRC 18.30.080(2)(b) is hereby amended to read as follows: At least �ee--se�ies one copv of the notice will be conspicuously posted ^„ �-- �°��- `'�° , ��g adjacent to the primary vehicular access to �„ ��°�� +'"'+ "'"'+" the subject property. Additional si�ns shall be posted on or near the sub�ect propertv, if needed, to clearlv identi , the ropertv. Section 4. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. 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/clericai errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 10- Page 3 of 4 Rev 1/10 LU 148 EXHI�IT � ��r�F 3 t��� y Section 7. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 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 CITI' CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATB: ORDINANCE NO.: K:�2009 Code AmendmentslADU and Appraisal Clarification\LUTC�Short Plat Notice\Short Plat Notice Draft Ordinance.doc Ordinance No. 10- Page 4 of 4 Rev 1/10 LU 149 GA A"7 � � ���._.�.� PAGE. � 0�� COUNCIL MEETING DATE: March 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL ITEM #: AGENDA BILL SUBJECT: Selection Process — 2010 Amendments to the Comprehensive Plan POLICY QUESTION: Which of the citizen-initiated site-specific requests for comprehensive plan amendments should City of Federal Way staff research further? COMMITTEE: Land Use/Transportarion Committee (LUTC) CATEGORY: ❑ Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: March 1, 2010 � Public Hearing ❑ Other STAFF REPORT BY _ Margaret Clark, Senior Planner DEPT: Community Development Services Attachment: February 22, 2010, Staff Report to the LUTC with Eachibits A— E-1. Background: The Federal Way Revised Code (FWRC) requires the City to accept applications for amendments to the Federad Way Comprehensive Plan (FWCP) text and map on an annual basis. The City received a total of ten citizen-initiated requests for site-specific comprehensive plan amendments in September 2008 and 2009, and February 2010. Seven of the ten requests were withdrawn, leaving the following requests (Exhibit B): (1) Request by L1oydNaliani for a comprehensive plan amendment and rezone of 3.0 acres (parcel no.'s 212104-9039 and 212104-9047) located at 1828 and 1920 South 340"' Street, from Commercial Enterprise (CE) to Multi-Family (RM 3600, one unit per 3,600 square feet); (2) Request by John Song for a comprehensive plan amendment and rezone of 1.39 acres (parcel no. 236800-0040) located at 32108 39�' Avenue SW, from Single Family - High Density Residential (RS 9.6 one unit per 9,600 square feet) to Neighborhood Business (Bl�; and (3) Request by the Abbey Road Group for a comprehensive plan amendment and rezone of 16.63 acres (parcel no.'s 292104-9095 and 292104-9107), ST Fabrication, located at 35703 16`� Avenue South, from Commercial Enterprise (CE) to Multi-Family (RM 2400 one unit per 2,400 square feet). Please see the attached staff report for fixrther details. Pursuant to FWRC 19.80.080, after the deadline for accepting applications and following an LUTC recommendarion, the City Council shall hold a public hearing and select those docketed amendment requests it wishes to move to the Planning Commission for further consideration. O�tions Considered: 1) Approve the staffrecommendation; 2) Modify the staffrecommendarion. STAFF RECOMMENDATION: That all three citizen requests (Lloyd/Valiani, Song, and ST Fabrication) be forwarded for further considerarion by the Planning Commission, LUTC, and City Council CITY MANAGER APPROVAL:��.,� ., DIRECTOR APPROVAL: ✓� Commit ee Council Committee Council COMMITTEE RECOMMENDATION That all three citizen-initiated requests (L1oydNaliani, Song, and ST Fabrication) be forwarded for further considerarion by the Planning Commission, LUTC, and City Council. Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION(S): "I move approval of the LUTC recommendation. " (BELOW TO BE COMPLETED BYCITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED l �� ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances ottly) ORDINANCE # REVISED — 02/06/2006 150 �SOLUTION # K\Compmhensive Plen\2010 Comprehensive Plan Update�Selection Process\LUTC�030110 LUTC Meeting�.4gwda Bill.doc � CITY OF � Federal Way DA'rE: February 22, 2010 To: Dini Duclos, Chair Land Use/Transportation Committee (LiJTC) F[tOM: Greg Fewins, Director of Community Development Services Margaret H. Clark, Senior Planner SUB7ECT: Selection Process — 2010 Comprehensive Plan Amendments MEETING DATE: March 1, 2010 I. POLICY QUESTION Which of the citizen-initiated site-specific requests for comprehensive plan amendments should City of Federal Way staff research further? II . BACKGROUND The Federal Way Revised Code (FWRC) requires the City to accept applications for amendments to the Federal Way Comprehensive Plan (FWCP) text and map on an annual basis. The City received seven requests in September 2008 and two requests in September 2009. Based on staff recommendation, an additional request was submitted in February 2010. Due to work load constraints, the requests received in 2008 have not been processed. Staff proposes to combine the requests received in September 2008 (2009 Comprehensive Plan Amendments) with the requests received in September 2009 (2010 Comprehensive Plan Amendments) and the request received in Febnxary 2010. By combining all requests as part of this year's update, we will be on schedule for the major 2011 Comprehensive Plan Update.' Pursuant to FWRC 19.80.080, after the September 30`" deadline for accepting applications, and following an LUTC recommendation, the City Council shall hold a public hearing and select those docketed amendment requests it wishes to move to the Planning Commission for further consideration. III COMPREHENSIVE PLAN AMENDMENTS Changes and updates to the comprehensive plan are divided into text changes to chapters of the comprehensive plan and requests for changes to comprehensive plan designations and zoning for specific parcels, which would result in changes to the Comprehensive Plan Map and Official Zoning Map. t The Governor's Office has introduced a bill to extend the deadline for the update to December 1, 2014 Land Use/Transportation Committee (LUTC) 151 Meeting Date: March 1, 2010 Selection Process — Comprehensive Plan Amendments Page 1 of 11 Following is a list of comprehensive plan amendments received in September 2008 (2009 Comprehensive Plan Update) and requests received in September 2009 and February 2010 (2010 Comprehensive Plan Update). Each section is further broken down by whether it was initiated by citizens or by staff. A. 2009 COMPREHENSIVE PLAN AMENDMENTS 1. Citizen Initiated (Exhibit A— Composite Map): (i) File 08-103751-UP — Request from Michael Morrow for a comprehensive plan amendment and rezone of 2.25 acres (parcel no. 302104-9142) located at 36607 9�' Avenue SW, from Single Family - Medium Density Residential (RS 15.0, one unit per 15,000 square feet) to Single Family - High Density Residential (RS 7.2, one unit per 7,200 square feet) (Site A). Withdrawn. (ii) File 08-104052-UP — Request from Montdale Properties LLC for a comprehensive plan amendment and rezone of 331 acres (parcel no. 302104-9173) located at 364xx 6` Avenue SW, from Single Family - Medium Density Residential (RS 15.0, one unit per 15,000 square feet) to Single Family - High Density Residential (RS 7.2, one unit per 7,200 square feet) (Site B). Withdrawn. (iii) File 08-104053-UP — Request from Montevista Partners LLC for a comprehensive plan amendment and rezone of 5.04 acres (�arcel no's. 302104-9069, 302104-9066 and 302104-9114) located at 320 SW 366 Street, from Single Family - Medium Density Residential (RS 15.0, one unit per 15,000 square feet) to Single Faxnily - High Density Residential (RS 7.2, one unit per 7,200 square feet) (Site C). Withdrawn. (iv) File 08-104502-UP — Request from Daniel Lee for a comprehensive plan amendment and rezone of 3.14 acres (parcel no. 302104-9051) located at 36027 6�' Avenue SW, from Single Family - Medium Density Residential (RS 15.0, one unit per 15,000 square feet) to Single Family - High Density Residential (RS 7.2, one unit per 7,200 square feet) (Site D). Withdrawn. (v) File 08-104562-UP — Request from Melvin Hansen (Emerald Heights) for a comprehensive plan amendment and rezone of 4.73 acres (parcel no. 3021049041) located at 36606 6�' Avenue SW, from Single Family - Medium Density Residential (RS 15.0, one unit per 15,000 square feet) to Single Family - High Density Residential (RS 7.2, one unit per 7,200 square feet) (Site E). Withdrawn. (vi) File 08-104608-UP — Request from Lloyd/Valiani for a comprehensive plan amendment and rezone of 3.0 acres (parcel no.'s 212104-9039 and 212104-9047) located at 1828 and 1920 South 340�' Street, from Commercial Enterprise (CE) to Multi-Family (RM 3600, one unit per 3,600 square feet) (Site F). (vii) File 08-104617-UP — Request from the Eugene Loher Trust for a comprehensive plan axnendment and rezone of 3.9 acres (pazcel no's. 092104-9107, 092104-9136 and 092104-9196) located at 30420 Pacific Highway South, from Community Business (BC) to zoning that would allow redevelopment of Steel Lake Village into a senior co-housing development that incorporates the concept of individual living units with full amenities linked to a common house where residents can share meals, cultural growth, and common interests (Site G). Withdrawn. Land UseJTransportation Committ� (LUTC) 152 Meeting Date: March 1, 2010 Selecrion Pmcess — Comprehensive Plan Amendments Page 2 of i l Six of the seven requests received in September 2008 have been withdrawn. Requests (i) through (v) are located south of South 356`� Street. The larger area was studied in early 2008 for a comprehensive plan amendment to increase density. Based on initial findings and input fram the public, staff found that although the proposal met the selection criteria for further study, there were obstacles associated with providing services to support increased density and there was a lack of support for higher density from the residents. On May 6, 2008, the City Council elected to direct staff not to study the proposed change any further. A number of property owners in the area are trying to generate community- wide support for changing the comprehensive plan and zoning of this sub-area. If support is generated, then the applicants (Requests [i] through [v]) may participate in the larger effort. Mr. Loher (Request [vii]) has indicated that he needs more time for his planning process. Staff will notify Mr. Loher at the end of July 2010 that it is time to apply for the next annual update. B. 2010 COMPREHENSIVE PLAN AMENDMENTS 1. Citizen Initiated (Exhibit A— Composite Map): (i) File 09-103795-UP — Request from John Song for a comprehensive plan amendment and rezone of 139 acres (parcel no. 236800-0040) located at 32108 39"' Avenue SW, from Single Family - High Density Residential (RS 9.6 one unit per 9,600 square feet) to Neighborhood Business (BI� (Site H). (ii) File 09-103788-UP — Request from Sonia Sciscente on behalf of the Friends of Steel Lake Park to amend the comprehensive plan by removing any reference to widening South 312`� Street east of 28` Avenue South to 51 Avenue South at South 316`" Street. This would require amendments to Chapter 3, `"Transportation"; Chapter 6, "Capital Facilities"; Chapter 7, "Potential Annexation Area"; and Chapter 8, "City Center" (Site I). Withdrawn. (iii) File 10-100564-00-UP — Request from the Abbey Road Group for a comprehensive plan amendment and rezone of 16.63 acres (parcel no.'s 292104-9095 and 292104- 9107), ST Fabrication, located at 35703 16�' Avenue South, from Commercial Enterprise (CE) to Multi-Family (RM 2400 one unit per 2,400 square feet) (Site �. The request by Friends of Steel Lake has been withdrawn and will be resubmitted once traffic data is available to analyze removal of the South 312`� Street extension from the comprehensive plan. 2. Staff Initiated Update Chapter 6, "Capital Facilities," to include information on the South Correction Entity (SCORE), a consolidated correctional facility to be located in Des Moines, Washington, providing correctional services for the cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac, and Tukwila. Land Use/Transportation Committee (LUTC) 153 Meeting Date: March 1, 2010 Selection Process — Comprehensive Plan Amendments Page 3 of 11 C. MAJOR COMPREHENSIVE PLAN UPDATE Pursuant to RCW 36.70A.130(4)(a), "Comprehensive plans — Review procedures and schedules — Amendments," the City of Federal Way, along with King County and its cities, must take action every seven years to review and if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the Growth Management Act (GMA). The City had been eligible for a$43,650 grant from the Department of Commerce to assist in completion of this update, which had a deadline of December 1, 2011. The City was notified on December 10, 2009, that in order to address the ongoing state budget deficit, the Governor's proposed budget would eliminate the 2011 periodic update grants. The Govemor's Office has introduced a bill to extend the deadline for the update to December 1, 2014. Despite the extended time line, staff proposes to initiate work on the major update this year by initiating updates to Chapter 2, "Land Use," Chapter 3, "Transportation." and continuing updates to Chapter 6, "Capital Facilities: ' IV. REASON FOR COUNCIL ACTION Pursuant to FWRC 19.08.050, Process VI, "Council Rezones," the City Council is required to review all requests concurrently. The first step in the process is a public hearing by the council, at which time the council selects those amendment requests it wishes staff to research further. Because staff-proposed changes to the chapters of the comprehensive plan are intended to either update existing information or to comply with the Growth Management Act (GMA), they are not being evaluated based on the eight selection criteria. V. PROCEDURAL SUMMARY FOR COMPREHENSIVE PLAN AMENDMENT PROCESS March 1, 2010 LIJTC Meeting – A summary of all requests will be presented to the LUTC for a recommendation on which requests should be considered further. March 16, 2010 Public Hearing by City Council. The City Council shall determine which requests should be considered further. VI. BACKGROUND AND STAFF ANALYSIS – SITE REQUESTS A composite map showing the location of the site-specific requests to be presented for selection is attached as Exhibit B. A. Site-Specific Request #1– Lloyd/Valiani 1. Summary File Number: 08-104608-UP Parcel No.: 212104-9039 and 212104-9047 Address; 1828 and 1920 South 340�' Street Location: North of South 340`� Street and east of Pacific Highway South, (Exhibits C and Gl) Land UselTransportation Committee (LUTC) 154 Meeting Date: March 1, 2010 Selection Process — Comprehensive Plan Amendments Page 4 of i l Size: Existing Land Use: Applicant: Agent: Owner: Existing Comprehensive Plan: E�sting Zoning: Requested Comprehensive Plan: Requested Zoning: 3.0 acres Single family homes Patricia Larson, Robert Lloyd, Sheri Valiani Patricia Larson Parcel No. 212104-9039 — Robert Lloyd Parcel No. 212104-9047 — Sheri Valiani Commercial Enterprise Commercial Enterprise (CE) Multi-Family Multi-Family (RM 3600, one unit per 3,600 square feet) 2. Background The applicants request a change from Commercial Enterprise (CE) to Multi-Family (RM 3600, one unit per 3,600 square feet) to build senior housing. Both lots are developed with single family dwellings. Topography is generally flat. The site fronts on a private street, South 340�' Street. Surrounding Zoning & Land Use Zoning Land Use North Multifamily ( RM 3600, one unit Christian Faith Center Church buildings 3,600 s uare feet) South Commercial Enterprise, CE Industrial Uses East Multifamily (RM 3600, one unit Chrisrian Faith Center Church parking lot er 3,600 s uare feet) West Commercial Enterprise (CE) Legal nonconforming single-family residence B. Site-Specific Request #2 — Song 1. Summary File Number: Parcel No.: Address: Location: Size: Applicant: Agent: Owner: EzisNng Comprehensive Plan: Ezisting Zoning: Requested Comprehensive Plan: Requested Zoning: 09-103795-UP 236800-0040 32108 39`� Avenue SW South of South 320`�' Street and west of Military Road (Exhibits D and D-1) 139 acres John Song Same Same High Density Residential RS 9.6 one unit per 9,600 square feet Neighborhood Business Neighborhood Business (Bl� Land UseJTransportation Committee (LUTC) 155 Meeting Date: March 1, 2010 Selection Process — Comprehensive Plan Amendments Page 5 of 11 2. Background The lot is developed as a retail nursery and greenhouse, which is a legal nonconfornung use in a single family zone. The applicant is requesting a Neighborhood Business (Bl� zoning, which allows retail nurseries and greenhouses. The applicant states that the nursery has been in operation for the last 17 years. Access is available from Military Road to the east. Surrounding Zoning & Land Use Zoning Land Use King County Neighborhood Convenience store with gas stations on both the North Business Zoning (NB-P and �� northeastern and northwestern corners South Single Family ( RS 9.6, one Single Family residence unit er 9,600 s uare feet) East Beighborhood Business Convenience store with gas station West Single Family (RS 9.6 one Single Family residence unit er 9,600 s uare feet) C. Site-Specific Request #3 — ST Fabrication 1. Summary File Number: Parcel No's: Address: Location: Size: Egisting Land Use: Applicant: Agent Owner: Existing Comprehensive Plan: Egisting Zoning: Requested Comprehensive Plan: Requested Zoning: 2. Background 10-100564-00-UP 292104-9095 and 292104-9107) 35703 16th Avenue South South of South 356�' Street and west of 16�' Avenue South (Exhibits E and E-1) 16.63 acres Eric Hildebrandt Abbey Road Consulting Group, LLC Eric Hildebrandt Commercial Enterprise Commercial Enterprise (CE) Multi-family Multi-family (RM 2400 one unit per 2,400 square feet) (Site �. The subject site consists of two parcels. Parcel number 292104-9095, which is 11.87 acres in size, is vacant and has a Class I wetland on the western portion. Parcel number 292104-9107, located to the east is 4.76 acres and is presently used as a manufacturing plant, ST Fabrication, to fabricate steel girders and beams. The applicant has been working with the City to develop the site as a vertical mixed-use building with commercial uses on the bottom floor and residential uses on the upper floor. The Commercial Enterprise (CE) zone in which the two parcels are located, does not allow Land UselTransportarion Committ� (LUTC) 156 Meeting Date: March 1, 2010 Selection Process — Comprehensive Plan Amendments Page 6 of I 1 residential uses on the first floor. Due to the configuration and topography of the site, the commercial uses would not be visible from adjacent 16`� Avenue South, which reduces the likelihood of successful operation. The applicant is requesting a change to a multifamily designation to develop the site as multi-family residential, stating that multifamily residential zoning and development of the site would be a better transition between the commercial uses to the north and the single-family residential uses to the south. In addition, there are multifamily uses to the east. Surrounding Zoning & Land Use Zonin Land Use North Commercial Enterprise (CE) Warehouse South Single Family (RS I5.0, one Single family houses unit er 15,000 uare feet) East of Parcel Commercial Enterprise (CE) ST Fabricarion 292104-9095 East of Parcel Multifamily (RM 2400, one 16 Avenue South and 292104-9107 unit er 2,400 uare feet) a artment com lex West Commercial Enterprise, CE Vacant, Hylebos wetlands VII. SELECTION CRITERIA FWRC 19.80.080 contains criteria for selecting amendments for further consideration. A. Criterion #1- Whether the same area or issue was studied during the last axnendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Response to Criterion #1- Request Response Site Specdfic Request #1— �s area was not studied in the previous amendment process. L1oydNaliani Site Specific Request # 2— �s area was not studied in the previous amendment process. Song Site Specific Request # 3— This area was not studied in the previous amendment process. ST Fabrication B. Criterion #2 — The proposed amendment is consistent with the overall vision of the comprehensive plan. Response to Criterion #2 — Request Response Site Specific Request #1— The comprehensive plan does not provide locational criteria for the LloydNaliani mulri-family designation. Land Use Policy (LUP) 9 states, "Designate Land UseJTransportarion Committ� (LUTC) 157 Meeting Date: March 1, 2010 Selection Process — Comprehensive Plan Amendments Page 7 of 11 Request Response and zone land to provide for Federal Way's share of regionally adopted demand forecast for residential, commercial, and industrial uses for the next 20 years." The applicant states that they have conslructed other senior housing in the area and feel that here is a demand for more senior housing. In addirion, there are businesses in close proximity, which pmvide services that seniors want. This request is consistent with the overall vision of the comprehensive plan. Site Specific Request # 2— Tkris request is consistent with the overall vision of the comprehensive Song plan. The comprehensive plan states that, "Neighborhood Business areas are intended to provide convenient goods (e.g., groceries and hardware) and services (e.g., dry cleaners, dentist, bank) at a pedestrian and neighborhood scale close to adjacent residential uses." This property is located at the southwestern comer of the South 320�' Street and Military Road intersecrion. There are Neighborhood Business- zoned parcels at all of the other three corners of this intersecrion and the intersection operates as a Neighborhood Business Node. Site Specific Request # 3- This request is consistent with the following comprehensive plan ST Fabrication policies: LUP15 states, "Protect residential areas &om impacts of adjacent non- residential uses." LUP23 states, "Support multiple-family development with transportation and capital facilities improvements." C. Criterion #3 — Whether the proposed amendment meets the existing state and local laws, including the Growth Management Act (GMA). Response to Criterion #3 — All requests meet existing state and local laws, including the GMA. D. Criterion #4 — In the case of text amendments, or other amendments to goals or policies, whether the request benefits the City as a whole versus a selected group. Response to Criterion #4 — Not applicable. The requests are all site-specific requests and not requests for text amendments. If the request meets the criteria set forth in subsections above, it shall be further evaluated according to the following criteria: E. Criterion #1— Whether the proposed amendment can be incorporated into planned or active projects. Response to Criterion #1— If the City Council determines that these requests should be analyzed further, they can be incorporated into the 2010 Planning Commission Work Program. F. Criterion #2 — Amount of analysis necessary to reach a recommendation on the request. If a large-scale study is required, a request may have to be delayed until the following year due to workload, staffing levels, etc. Land UselTransportation Committee (LUTC) 158 Meeting Date: March 1, 2010 Selection Process — Comprehensive Plan Amendments Page 8 of I 1 Response to Criterion #2 — None of these requests require large-scale studies. G. Criterion #3 — Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. Response to Criterion #3 — A total of ten requests were received. Seven of the ten requests were withdrawn. H. Criterion #4 — Order of requests received. Response to Criterion #4 — The requests were received in the following order: 1. Lloyd/Valiani 2. Song 3. ST Fabrication VIII. Covivcu. AcTTON Pursuant to FWRC 19.80.080(4), based on its review of requests according to the criteria in Section VII of this staff report, the City Council shall determine which requests shall be further considered for adoption and shall forward those requests to the Planning Commission for its review and recommendation. T'he Council's decision to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted, nor does it preclude later Council action to add an amendment for consideration. IX. STAFF RECONIlVIENDATION Staff recommends that all three requests move forward for further consideration. This recomxnendation should not be construed as a recommendation for approval of the request. A. Site-Specific Request #1— Request by Lloyd/Valiani for a comprehensive plan amendment and rezone of 3.0 acres (parcel no.'s 212104-9039 and 212104-9047) located at 1828 and 1920 South 340�' Street, from Commercial Enterprise (CE) to Multi-Family (RM 3600, one unit per 3,600 square feet). Staff Recommendataon — Staff recommends that the LUTC forward the proposed amendment request for consideration by the Planning Commission, LtTTC, and City Council. C. Site-Specific Request #2 — Request by John Song for a comprehensive plan amendment and rezone of 139 acres (parcel no. 236800-0040) located at 32108 39th Avenue SW, from Single Family - High Density Residential (RS 9.6 one unit per 9,600 square feet) to Neighborhood Business (BI�. Staff Recommendation — Staff recommends that the LUTC forward the proposed amendment request for consideration by the Planning Commission, LiTTC, and City Council. D. Site-Specific Request #3 — Request by the Abbey Road Group for a comprehensive plan amendment and rezone of 16.63 acres (parcel no.'s 292104-9095 and 292104-9107), ST Fabrication, located at 35703 16th Avenue South, from Commercial Enterprise (CE) to Land UseJTransportation Committee (LUTC) 159 Meeting Date: March 1, 2010 Selection Process — Comprehensive Plan Amendments Page 9 of 11 Multi-Family (RM 2400 one unit per 2,400 square feet). Staff Recommendation — Staff recommends that the LUTC forward the proposed amendment request for consideration by the Planning Commission, LUTC, and City Council. �� LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LIJTC forwards the recommendation to the full Council as follows: 1. L1oydNaliani Request a) That the request go forward for further consideration. b) That the request not go forward for further consideration. APPROVAL OF COMMITTEE REPORT: Dini Duclos, Chair Jim Ferrell, M ember Jack Dovey, Member 2. Song Request a) That the request go forward for further consideration. b) That the request not go forward for further consideration. APPROVAL OF COMMITTEE REPORT: Dini Duclos, Chair Jim Fe Me mber Jack D Member 3. ST Fabrication Request a) b) That the request go forward for further consideration. That the request not go forward for further consideration. APPROVAL OF COMMITTEE REPORT: Dini Duclos, Chair Jitn Fe rrell, Member Jack Dovey, Member Land Use/Transportation Committee (LUTC) 160 Meeting Date: March 1, 2010 Selection Process — Comprehensive Plan Amendments Page 10 of 11 XI. LIST OF EXHIBITS Eachibit A Exhibit B Exhibit C Exhibit C-1 Exhibit D Exhibit D-1 Exhibit E Exhibit E-1 Composite Map of all Requests Composite Map of Requests Presented for Selection Vicinity Map of Site-Specific Request #1 — Lloyd/Valiani Aerial Photo of Site-Specific Request #1— L1oydNaliani Vicinity Map of Site-Specific Request #2 — Song Aerial Photo of Site-Specific Request #2 — Song Vicinity Map of Site-Specific Request #3 —ST Fabrication Aerial Photo of Site-Specific Request #3 —ST Fabrication K:1Comprehensive P1an�2010 Comprehensive Plan Update\030110 LUTC Meeting\030110 Repo�t to the LUTC.doc Land UseJTransportation Committee (LUTC) 161 Meeting Date: March 1, 2010 Selection Process — Comprehensive Plan Amendments Page 11 of 11 City of Federai Way 2010 Potential Comprehensive Plan Amendments Cor�nposite Map Exhibi#A Citizen Initiated Requests Legend � Request Si#es i��' Federal Way City Limits .._....1 RequsstKey A. - Morrow B. - Montdale Properties C. - Montevista Estates D. - Lee E. - Emerald Heights F. - Ltoyd / Valiani G. - Steel Lake VUlage H. - Song I. - Friends a# Steel Lake Park J. - ST Fabrication i ' N o o.s Mile This map is accompanied by no warranties, and is simply a graphic representation. City of Federal Way zo�o Potential Comprehensive Plan Amendments Composite Map Exhibit B Site Specific Requests Legend - Request Sites _..._: i Federal Way City Limits Request Key 1. - Ltoyd / Valiani 2. - Song 3. - ST Fabrication � � � o o.s ! Mile This map is accorr�panied by no warranties, and is simply a graphic representation. ,��� 3600 (� � � } �' �! � � . � � �;,,�.., �, Ctty of Federal Way � � � � � � � C� � 3 � � a ��' 2010 � � °� � ��� �, � ; Site Specific Request� � ';�;� � ec W �<� ° a ! for Comprehensive Plan and s"�'`:T S"��sT Exist�ng Designatzons ' Zoning Design�tion Changes .___ � , �,. Comprehensive Plan: Cammercial Enterprise (CE) n ec ���,;` Zoning: Cammercial Enterprise (CE) BC � ����`�� � ��� �`�,� :� Requested Designations LI Ov VaI i a n i u��' ����`�.. Comprehensive Plan: Mu�ti-Fam'►ly 7 ``,�, `` � ,.`�,` � `� zonfnQ: Rnn3soo Site Specific Request #1 , a � �. ► < � ¢ BC ``�: ��►� �.. Exhibit C c �l RM QU� � � �° ��g,�,a ' . � . ' Si#e Speciftc Request � � W � Build�s � � � ' �' � .-� � � � �' �Q' � v � � �, � , �+�.' " �� _ St�eetS , �; � ; � ��1 �' j ,� - � - � � �� S#rearns (City SurveY) . � � » ec } � � � _�- _ �_.~ u a 2 � VNe�lands (1998 City SurveY) i m � � � � . _ ��� CP• Q Zo►ung Boundary CE ; ' : ��st sr �� J�"` Nate: An aaterix (*) next to a zoning s u�sT sr f� � designation indicates �e property is U' . ,f _""__„�,."_` C � �� �,� � govemed by a development agreement. �� CE �� � � C.� �� c� CE ; �� �� � � � ' /� � 'a a � � CP-� "' /.•�1 ��� CE� 0 250 500 ° M ' � �,* � o � � Feet �; ;; � d ,� p `.. � GTY 01 � ,:�, Federal Way _ � ,�,,,�� - - � _ ���� _ Q ', � � , s�- ��—��•�� r7 This map is ecxcxr�panied by no warranties, �: � ���'^��� l n_ __ and is simpby a graphic represent�tion. City of Federal Way 2010 Site Specific Requests for Comprehensive Plan and Zoning Designation Changes Lloyd / Valiani Site Specific Request #1 Exhibit C-1 Legend �.��.yt , � Site Specific Request �. , Streams (City Survey) Wettands (1998 City Survey) � Zorung Boundary* Pbte: M asterix (*) next to a zoning desi�aEiQn �dicates the property is govemed by a �vebpment agreement. � N 0 250 500 Feet GTY OF Federal Way This map is accompanied by no warranties, and is simply a graphic representation. � I �-- 1 Q ' �l � f ' R-18•P Ily , ' 1 � � ` Existir►y Qesiyr�ation�s Comprehensiv�e R�: Sing1� FarriPY� t�h D�e+�/ Zru�ir�gr: F3,S9.6 " � '� �t #�� � �; � - i ` � ' . . �� \ � I � �;� � '" �� � � � � �\\\� �, • , • _ . :� ��� � ` � � �1 �� � � ,. �� � • • w 9 . i ��, "; � . � • • � '. • ; � • � ' ' � �� � � � ����� �� � . � � -r. �� � � 1 — �i`� � ��.—�' "� i� c�ac. �� OP-1 * —��� � :. �. . . , 1 ,I. .• '� : w �� �.i 91� .M � i �I � i� I _ ! 'i�.1, • ���,• 4�.. ' a r* `�ry � � i � ' - ,� Y , ,�.�.�,���� ��� �. � � � � � � � � �� �� �� : � � 1 �. � ,� � .� � :, �. � �i� � t, , !� � �� ,� - _ �, � �. �� + i I� r , � ' �� � � , ► ����, ,�� �^:�� � i� � ��� � � � _..��� S 9.6 -1* I RS9.6 ��•.^�AC �� �� »�L ��� =� r...� �■ E�ll'!l��� �'� p �� � �t � �� � �, �OC"1� Si#e Specif�c Reques# #2 Exhibit D �g� S�e Sp6C�C ReqUeSt � �s �tf�S S�r��ns (C�y Survey) Vl�I� ('1998 Ci�y SurveY) 0 ZO '� �ry ML�l. M a819�L1C ("� It@X110 8 ZORIR9 t�Bil�pfl IfN�6 �1! Rf�6fhl IS q0Y6fF1�4� b�/ 8 ii�1/�M �fe@111@tlt. � N o 250 500 Feet urr oF federai Way T�is �p is aoco�rparwed by �o warranues, and is sMr�t a yr•apNic representation. City of Federal Way �o� o Site Specifi� Requests fnr Comprehensive Plan and Zoning Designation Ghanges Song Site Specific Request #2 Exhibit D-1 L�g�nd .� S�e Spec�c Reques# Streams (Cit�► Survey) �'Ve�ds (1998 Ci#y Survey) Q Zon�rtig Boundary` ti�e: An �rix (") �xt !o a zoning desi�a�on indica�s �►e property is govemed b�r a devefop�r�en! �greement. � � 0 250 500 �0 Feet <rTr os Federai Way TMis �ap is �panisd by no warranties, and � simp�r a graphic representation. 4 a a�o sr s ss� sr _ City of Federal Way Eacisting Des�nattons �-�-.-...--��.- � Canprieh�sive Plan: Comrn�raal En#e�prise (CE) 2010 Z�►: Ca�nerc�a! Er�terprise (CE) �' �E -- Sl#� Sp�cific Requests � ' far Com ehensive Plan and Requested Designaxions � � ; P� �.:: ;, �ompr-ehen�ive ��: �ti-Farraly �.U��, � - � "� Zoning Designation Changes �w Zoen�g: RI�12�00 � _ � , -�`;��-•�,,,, r � � � ". � � '' t � ,�_ _�;; ` � �: ��--�.._,`"; �,�,' ��'�` �/ CE � � �. , ��_��� ; ! ; ST Fabrication � ,�,�� TM � � "� � � E Site Spscific Request #3 �,�' eE �-� �,�, � �,-� ,;� �; � � � � cE � �° � Exhibit E sT - a� � ������ s ssrrH sr � Legend ,�., � �`, ,;` °`,��''�.' `�� ."-'., ` �```,;`� ��`�-�� � S�� Speci�c R�quest � ���,��� � � S �, . �``� .�.`�� � �k,. , ,�;:e� CE ti----� ; C._ J �a�, �. �. � .. � ��.� . � � ���. � � ,,� , �. ,_._ � � .c'�tf@@tS � � � �,�� � � � � ,, � '._� t�� �`� `�`� '�.�. ., 3 .� �`�� �� �--� li� , Streams (C�ty SurveY) t�.��`�,.,�,����`��.��``� � , � ������������ � � ��� .� ���L��.�``��� -� .�� �,�.ti, CE r � �� � �,.�`�`, �,, � �> � � Woet�ancls (1998 City SurveY) �� �.��� ♦ �~ . .. - ... .. � �17 . y ' ` `�' ��,�` �`4�`� ``4�� RS 1 .0 ° � �, � .� �.4'�.�,�� � h `�,�� ; �� , � V R 15. 3 �:;r' � � � ~� � � Q Zoning Boundary � `� ��. ������,�:° u � t"� �f � � w �, a� � _ � � ._-. � �. , � . � � �,...��; �.. � \�. o `�,, UA iT N !�TH 8T ��. ` � � ';, c � � � t=:t RS 15A � ,.� . � � � `",� . � . . CMrch � ` � �` � � RS15A 15.0 "�� i � t� �$ � � 0 250 500 Todd Beamt�r � '�"� Q . N � Feet � � �� ----d � Q uTr os � , ` ;�� Federal Way ; This �p � �t�ied by no warranties, and is simply a graphic represeMat+on. City of Federal Way 2010 Site Specific Requests for Comprehensive Pian and Zoning Designation Changes ST Fabrication Site Specific Request #3 Exhibit E-1 Legend � � S�e Specific Request Streams (City Survey) We#lands (1998 City Survey) Q Zoni�g Boundary � � o aso ___ soo Feet GiY OF � Federal Way This map is sccompanied by no warranties, and fs simply a graphic representation. COUNCIL MEETING DATE: March 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT 2010 Planning Commission and Long Range Planning Wark Program POLICY QUESTION How should the 2010 Planning Com Work Program be prioritized? COMMITTEE Land Use/Transportation Committee (LUTC) MEETING DATE March 1 2010 CATEGORY: � Consent ❑ City Council Business � ■ Ordinance Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: Margatet ClaTk, SeniOi P1ann�C DErr: Community Development Services Background: At the beginning of each calendar year, the Planning Commission's work program for that year is approved by the City Council. The Plaiuung Comxnission's work program consists of reviewing and making recommendations to the Land Use/Transportation Committee (LUTC) and City Council on comprehensive plan amendments that aze docketed and selected for further review and zoning code amendments that are prioritized for review by the LLITC and City Council. Staff has prepared the attached staff report to assist the LUTC and City Council in approving this year's work program. Attachments: February 22, 2010, Staff Report to the LU'TC Options Considered: 1) Approve the staff recommendation; 2) Modify the staff recommendation. STAFF RECOMMENDATION Staff recommends approval of the 2010 Planning Commission Work Program as outlined in Section H of the February 22, 2010, Staff Report to the LUTC. CITY MANAGER APPRO VAL: {u G�/, p� /(� DIRECTOR APPRO VAL: � Committ e Council Committee Council COMMITTEE RECOMMENDATION Forward the staff recomme,ndation as outlined in Section H of the February 22 2010, Staff Report to the LUTC to full Council on March 16, 2010. Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION "1 move approval of the LUTC's recommendation to approve the 2010 Planntng Commission Work Program, which is attached as Exhibit A(to be prepared after the LUTC recommendation)" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances onlyJ ORDINANCE # REVISED — 02/06/2006 RESOLUTION # K:\2010 Plannning Commission Work Program\LUTC�Agenda Bill.doc . 170 CITY OF �� Federal Way DATE: February 22, 2010 To: Dini Duclos, Chair Land Use/Transportation Committee (LUTC) FROM: Greg Fewins, Director of Community Development Services Margaret H. Clark, Senior Planner SUB7ECT: - 2010 Planning Commission and Long Range Planning Work Program MEETING DATE March 1 , 2010 A. POLICY QUESTION How should the 2010 Planning Commission Work Program be prioritized? B. BACKGROUND At the beginning of each calendar year, the Planning Commission's work program for that year is approved by the City Council. The Planning Commission's work program consists of reviewing and making recommendations to the Land Use/Transportation Committee (LiTTC) and City Council on comprehensive plan amendments that are docketed and selected for further review, and zoning code amendments that are prioritized for review by the LUTC and City Council. The purpose of this mexnorandum is to assist the LiTTC and City Council in approving this year's work program. An update was presented to the Planning Commission on January 20, 2010. The information is organized as follows: 1. Section C— Items completed in 2009. This includes carry forward items from the 2008 Planning Commission Work Program. 2. Section D— Status of items started in 2009 to be carried forward to 2010 (code amendments only). 3. Section E— 2010 Code Amendments Update (code amendment requests received in September, 2009) 4. Section F— Comprehensive Plan Amendments 5. Section G— This is a list of other long range planning responsibilities that are not part of the Planning Commission Work Program but are required to be done by long range planning staff. 6. Section H— Potential Planning Commission Work Program/Staff Recoxnmendation 171 C. ITEMS COMPLETED IN 2009 I. Items carried forward from 2008 Planning Commission Work Program and completed in 2009: • Expand zones where churches are allowed and delete maximum fa�ade length requirement in commercial zones • Home occupations, adult family homes, social service transitional housing, group homes, day cares, and accessory use • Hours of operation • Emergency recreational vehicle parking • Significant trees, vegetation retention, clearing and grading • 2008 Comprehensive Plan Update 2. Items on 2009 Planning Commission Work Program Completed in 2009: Amend expiration time limits for approved plats and land use applications and clarification of vesting Increase the SEPA flexible thresholds for gross floor area and pazking Amend Federal Way Revased Code (FWRC) Chapter 19.255 and related use zone charts related to revising the process for permitting cell towers and wireless facilities and their development standards D. STATUS OF ITEMS TO BE CARRIED OVER INTO 2010 (CODE AMENDMENTS ONLY) Description Status Explore options related to moving the point of On-going. Presented to LLJTC on 2/O1/10. LUTC collection of all city-administered impact fees to a Study Session to be scheduled by 4/Oi/10. date closer to the end of the development and building process Complete the Shoreline Master Program Update Draft was forwarded to Department of Ecology (Required) (DOE) in November 2009. Staff is responding to comments from DOE received in January 2010. Expand the size of health clubs in the 3/02/10 City Council Second Reading Neighborhood Business (Bl� zone Clarify accessory dwelling unit (ADLn regularions. 3/O1/10 LUTC Amend various sections of the FWRC pertaining to 3/O1/10 LUTC who is authorized to conduct an appraisal of property. Amend the requirement for number of public notice 3/O1/10 LUTC boards for short subdivisions Amend FWRC Title 18, "Subdivisions," to Scheduled for 4/07/10 Planning Commission public simplify the submittal requirements for plats. hearing. Increase the maximum allowable height in the City- In research stage. Center Core (CC-C) zoning district. This is part of a larger code amendment to study increasing heights Land UselTransportation Committee (LUTC) Staff Report 1 � 2 Meeting Date: March 1, 2010 2010 Planning Commission and Long Range Planning Work Program Page 2 Description Status in all commercial zones. Amend requirements for open-space set-aside in the In research stage CGC zone. Amendment to delete the maxnnum allowable In research stage. density for senior housing in the Community Business (BC) zone. E. 2010 CODE AMENDMENTS REQUESTS The FWRC requires the City to accept applications for code amendments on an annual basis. The City received the following citizen-initiated code amendments in September 2009: 1. File 09-103760-UP — Request by Jon Moore to allow kennels, dog day care, and pet training in the Neighborhood Business (Bl� zone. This can be incorporated into a larger study of the BN zones. 2. File 09-103848-UP — Request by John Tsakonar to amend the FWRC to prohibit temporary caz sales. Presently, such uses are regulated by FWRC 12.25, "Temporary Businesses," and not by FWRC 19.275, "Temporary Use." This can be incorporated into a code amendment to make the two sections consistent with each other. 3. File 10-100067-UP — Request by Marion Bartholomew for a code amendxnent to ban roosters. There have also been other inquires to amend FWRC 19.260, "Animals," to a11ow a limited number of chickens on City lots. Presently, the code requires a minimum size of 35,000 square feet for the keeping of up to 20 chickens or other small domestic animals. These requests for code amendments are recommended to be incorporated into the 2010 Planning Commission Work Program shown in Section H. F. COMPREHENSIVE PLAN AMENDMENTS RWQUESTS T'he FWRC requires the City to accept applications for amendments to the comprehensive plan on an annual basis. Staff recoxnmends that the following three requests be considered further this year (please see February 22, 2010, Staff Report to the LITTC titled "Selection Process — 2010 Comprehensive Plan Amendments" for more detail): 1. Request by Lloyd/Valiani for a comprehensive plan amendment and rezone of 3.0 acres (parcel no.'s 212104-9039 and 212104-9047) located at 1828 and 1920 South 340�` Street, from Commercial Enterprise (CE) to Multi-Family (RM 3600, one unit per 3,600 square feet). 2. Request by John Song for a comprehensive plan amendment and rezone of 139 acres (parcel no. 236800-0040) located at 32108 39th Avenue SW, from Single Family - High Density Residential (RS 9.6 one unit per 9,600 square feet) to Neighborhood Business (Bl�. 3. Request by the Abbey Road Group for a comprehensive plan amendment and rezone of 16.63 acres (pazcel no.'s 292104-9095 and 292104-9107), ST Fabrication, located at 35703 16�` Avenue Land Use/Transportation Committee (LUTC) Staff Report Meeting Date: March 1, 2010 2010 Planning Commission and Long Range Planning Work Pt�b�am Page 3 South, from Commercial Enterprise (CE) to Multi-Family (RM 2400 one unit per 2,400 square feet). These requests for comprehensive plan amendments are recommended to be incorporated into the 2010 Planning Commission Work Program shown in Section H. G. OTHER LONG RANGE PLANNING RESPONSIBILITIES The following describes reporting or monitoring work required by the state, county, or other agencies. This is not part of the Planning Commission Work Program: • Prepare an annual report on building pernut and other housing-related data to the Washington Office of Financial Management, which is used to determine the population of the City as of April 1 g` of each year. • Prepare an annual report on the number of building permits broken out by type and achieved densities of all residential development and floor area ratios of non-residential development to King County to be used for the King County Benchmark and Annual Growth Information Reports, the Buildable Lands Report, and annual reports prepared by the Puget Sound Regional Council (PSRC). • Provide information on an annual basis to King County on affordable housing, acres of pazkland, Urban Center activity, and miles of streets to be used as benchmarks in measuring how the City is meeting the requirements of the Growth Management Act (GMA). This information is also included in the King County Benchmark and Annual Growth Information Report. • Provide reports on Capacity Analysis and Reasonable Measures being undertaken to meet planning targets to Buildable Lands and Land Use Manager, King County Suburban Cities. • Provide information on an annual basis on subdivision activity to King County. • Respond to surveys from University of Washington, PSRC, and other institutions. • Work on a City interdepartmental team to coordinate population projections and land use allocations for the City and its related Transportation and Analysis Zones (TAZ's). • Review proposed amendments to the King County Countywide Planning Policies and provide information to the City Council for their feedback. H. POTENTIAL 2009 PLANNING COMMISSION WORK PROGRAM/STAFF RECONIMENDATION The Long Range Planning staff is comprised of 1.5 FTE's. Similar to last year, there is a potential for assistance from the Current Planning staff for long range work depending on the level of development activity. Based on past experience, the long range planning stafP s time is expected to be spent on the annual comprehensive plan update process and reporting and monitoring work required by state law. In Land Use/Transportarion Committee (LUTC) Staff Report Meeting Date: March 1, 2010 2010 Planning Commission and Long Rsnge Planning Work P�o�m Page 4 addition, staff is in the process of completing the Shoreline Master Program Update. Given these resources, staff recommends the following Planning Commission Work Program. As in the past, it is the staff's intention to complete the adopted work program by the end of the calendar year; however, some items may have to be carried over to the 2011 Work Program if we are unable to complete them in 2010. The potential Work Program is organized as follows: Column One shows work that could be accomplished by the existing long range staff, which is comprised of 1.5 FTE's. Work shown in Column One is divided into items that are required to be done, which includes the 2009 and 2010 Comprehensive Plan Updates, the Shoreline Master Program Update, and required reporting and monitoring. It also includes code amendments, which are not mandatory, such as those related to increasing heights and amending requirements for open space in the City-Center Core, deleting the maximum allowable density for senior housing in the Community Business zone, and evaluating regulations for the Neighborhood Business zone. The remaining items, such as increasing heights in all commercial zones, 2011 Major Comprehensive Plan Update, and amendments related to Low Impact Development (LID) will be started, time permitting. • Column Two shows work that could be accomplished by the current planning staff. Work shown in the first six rows is in process and is anticipated to be completed shortly. The remaining five items are not in priority order. For the most part, amendments shown in this column are relatively simple code amendments. Potential Planning Commission Work Program Long Range Staff Work Items Current Planning Staff Work Items (Not Mandatory) Mandatory — Anticipated to be completed in 2010 In Process — Anticipated to be completed in 2010 Complete the Shoreline Master Program Update Expand the size of health clubs in the Neighborhood Business (Bl� zone — 3/02/10 City Council Second Reading Monitoring and Reporting — Report to the Office of Clarify accessory dwelling unit (ADinregulations — 3/O1/10 Financial Management; Buildable Lands Report, LUTC Report to the Puget Sound Regional Council (PSRC) Complete the 2009 and 2010 Comprehensive Plan Amend FWRC 19.30, "Nonconfonnance," and FWRC 19.135, Update (L1oydNaliani, Song, and ST Fabrication "Development Improvements," pertaining to who is authorized Site-Specific requests and text amendments to to conduct an appraisal of property -- 3/O1/10 LUTC Chapters 3, Transportation & 6, Capital Faciliries) Amend the requirement for number of public notice boards for short subdivisions — 3/O1/10 LUTC NotMandatory (in priority order) —Anticipated to Amend FWRC, Title 18 "Subdivisions," to simplify the be completed in 2010 submittal requirements for plats — 4/07/ 10 Planning Commission public hearing Increase the maximum allowable height and amend Explore options related to moving the point of collecrion of all requirements for open-space set-aside in the City- city-administered impact fees to a date closer to the end of the Center Core (CC-C) zoning district development and building process —LiTTC Study Session to be scheduled by 04/O1/10. Land Use/Transportation Committee (LUTC) Staff Report Meeting Date: March 1, 2010 2010 Planning Commission and Long Range Planning Work Pr��m Page 5 Long Range Staff Work Items Current Planning Staff Work Items (Not Mandatory) Delete the maximum allowable density for senior housing in the Community Business (BC) zone Evaluate the existing Neighborhood Business (Bl� Unscheduled —Anticipated to be completed in 2010 zones to determine whether changes should be made to their designarions or allowable uses. Consider citizen-initiated request to allow kennels, dog day care, and pet training in the BN zone. Amend FWRC 12.25 "Temporary Businesses," and FWRC 19.275 "Temporary Use" to make them consistent with each other. Consider citizen-initiated request to prohibit temporary car sales. Not Mandatory — Completion will be based on Allow Off-Site Signs, Portable Signs, Banners, & Kiosks available staffing (Includes Phase 2 Portable Signs) Increase the maximum allowable height in Consider incentives for Development Projects such as: commercial zones. Consider adopting Floor Area • Reduced parking requirements Ratios. • Flexible road standards • Increased density • Reduced building setbacks Start the 2011 Major Comprehensive Plan Update Clarify FWRC 19.130.230 regarding parking surface (Not required but recommended to be started this materials. year) (Initiate updates to Chapter 2, "Land Use," Chapter 3, "Transportation." and continue updates to Chapter 6, "Capital Facilities." Research zoning-related incentives to encourage Low Amend FWRC 19.260 "Animals," to allow a limited number of Impact Development. This will include researching chickens on City lots. Consider citizen-initiated request to ban maximum lot coverage for single-family development roosters I. COMMITTEE OPTION5 The LUTC and/or City Council may substitute items on the Potentia12010 Planning Commission Work Program, or may modify the priority order recommended by staff. K:�2010 Plannning Commission Work Program\LLITG7020110 Meeting\Staff Report.doc �The Governor's Office has introduced a bill to extend the deadline for the update to December 1, 2014. Land Use/'Transportation Committ� (LUTC) Staff Report Meeting Date: March 1, 2010 2010 Planning Commission and Long Range Planning Work P�o�m Page 6