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
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53,000.00 $3,000
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Mllea Resourcea, LLC
VES
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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
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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. Note Iha! designa-
lion of Ihe Soudi lake Union urban center was in progress at the time this plan was being adopted.
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i8 OESTINATION2030Updata �$Q{�pQ�ppd�
. 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���'� �
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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
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Accessory
dwelling
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residences
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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�
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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
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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
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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
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zone subiect to the
USE ZONE CHART
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Accessory Preeess
dwelling �
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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
�
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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
�
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�
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 � ,
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�$ 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
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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
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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.
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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:
�
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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�
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d U C �
C � .� �° � �.7E
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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:
�
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USE ZONE CHART
z DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
O Minimums Maximums
� Required Yards ZQ�
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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 �
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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.
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� rdinance No. !0- Page 6 of 7
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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 #
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Enactment reading
ORDINANCE #
RESOLUTION #
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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
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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
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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-
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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
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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.)
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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.
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(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.)
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EXHIBIT C
Federal Way Revised Code
Title 19, "Zoning and Development Code"
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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
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(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 ---- ' --- -
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+�,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.)
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K:�2009 Code Amendments\ADU and Appraisal Clarification\Planning CommissionlAppraisal$�'f' Report and Proposed Code Language�Exhibit C Chapter 19.30 Nonconformace.doc
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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.
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(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.
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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
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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---- -
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*'�°'^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
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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
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K:\2009 Code Amendmems\ADU and Appraisal Clarification\Planning Commission�Appraisal��Report and Propoud Code I,anguage�Exhibit C Chapter 1930 Nonconformace.doc
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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). ''''�° ��'���„+ � ''`'° ^ °' �°`''°
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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
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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
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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
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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.
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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.� .
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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
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�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
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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.:
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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 (� � � } �' �! � � .
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� ec W �<� ° a ! for Comprehensive Plan and
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BC � ����`��
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u��' ����`�.. Comprehensive Plan: Mu�ti-Fam'►ly 7
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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
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,
� Site Specific Request
�. ,
Streams (City Survey)
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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
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Q Zon�rtig Boundary`
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desi�a�on indica�s �►e property is
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� 0 250 500
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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�
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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
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� 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