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Council PKT 03-16-2010 RegularCITY OF ,�., Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall March 16, 2010 — 7:OOpm www. cityoffederalway. com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Certificates of Appointment: Lodging Tax Advisory Committee b. Municipal League Public Official of The Year c. Valley Cities 2010 Community Achievement Award for Collaboration d. City Manager Emerging Issues / Introduction of New Employees • Traffic Safety on 312 Ave. • Red Light Photo Infractions • Address Issue with Census 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SL/P & PRESENT IT TO THE CITY CLERK PRIOR TO SPEAKING.. When recognized by the Mayor, come forward to the podium and state your name for the r�cord. PLEASE L1MIT YOUR COMMENTS TO THREE (3) MINUTES. The Mayor may interrupf comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Councit Committee of three members and brought before full Council for approval; all items are enacfed by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequenf motion. a. Minutes: March 2, 20� 0 Special and Regular Meeting ...page 3 b. Regional Hazard Mitigation Plan Adoption...page �1 c. �id Award: Honda Police Motorcycles... 67 d. ILA between the City of Aubum, and the City of Federal Way, for the Housing of Inmates in the Auburn City Jail...page sa e. ILA between the City of Buckley, and the City of Federal Way, for the Housing of Inmates in the Buckley City Jail...paye s3 f. ILA befinreen the City of Enumclaw, and the City of Federal Way, for the Housing of Inmates in the Enumclaw Corrections Facility...page �02 g. ILA between the City of Fife, and the City of Federal Way, for the Housing of Inmates. in the Fife Jail... 111 h. CB #528 Carry Forward Budget Adjustments...page �20 i. CB #529 Campaign Contributions...page �3a j. Bid Award - 2010 Asphalt Overlay Program .. .page 140 The Council may add items and take action on items not listed on the agenda. Consent Agenda Continued.... k. RESOLUTION: Grant Funding for Transportation Improvement Projects —15 at S 320 Off Ramp...page 146 ' I. Local Agency Agreement with WSDOT for Design of 15 at S. 320 Off Ramp...page �s� m. 2010 Planning Commission Work Program...paye �s3 6. PUBLIC HEARING a. 2010 Comprehensive Plan Amendment Selection Process 202 • Staff Presentation • Council Discussion/Action 7. COUNCIL BUSINESS a. Potential Assignment of Purehase and Sale Agreement from United Properties to Lander Korus...page 222 b. Committee Appointments: Northlake Management District... 224 8. INTRODUCTION / FIRST READING OF ORDINANCES a. CB#530 Proposed Text Amendment to FWRC Accessorv Dwellinq Unit (ADU) Size Calculation, Minimum Lot Size and Housekeepinq Amendments... 227 AN ORDINANCE of the City of Federal Way, Washington, relating to Accessory Dwelling Units (ADU) amending FW RC 19.195.180 and 19.200.180. (Amending Ordinance Nos. 07-545, 02- 424, 01-381, 97-291, and 95-245. ) b. CB#531 Proposed Text Amendment to FWRC Apqraisal Requirements...pa9e 256 AN ORDINANCE of the City of Federal Way, Washington, relating to appraisals; amending FWRC 16.15.010, 16.15.010(2)(g), 18.55.060(2), 19.30.080(1)(b), 19.30.090(1)(fl, 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, 05-486, 04-468, 02-420, 02-419, 02-417, 02-414, 01-398, 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) c. CB#532 Proposed Text Amendment to FWRC Short Subdivision Notice Requirements...page 296 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.) 9. COUNCIL REPORTS 10. CITY MANAGER REPORT 11. EXECUTIVE SESSION Property Acquisition Pursuant to RCW 42.30.110(1)(c) Potential Litigation Pursuant to RCW 42.30.110(1)(i) 12. ADJOURNMENT The Council may add items and take action on items nof listed on the agenda. COUNCIL MEETING DATE: March 16, 2010 ITEM #: Sa CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT CITY COiTNCIL MEETING MINUTES POLICY QUESTION Should the City Council approve the draft minutes of the March 2, 2010 Special Meeting and the March 2, 2010 Regular Meetings? COMMITTEE: N/f1 CATEGORY: � Consent ❑ City Council Business �� ! Ordinance Resolution STAFF REPORT BY: Carol McNeilly, City Clerk Attachments: MEETING DATE N/A ❑ Public Hearing ❑ Other DEPT: Human Resoarces Draft meeting minutes from the March 2, 2010 Special Meeting and the March 2, 2010 Regular Meeting. � Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION Staff recommends approving the minutes as presented. CITY CLERK APPROVAL: N/f1 Committee COMMITTEE RECOMMENDATION N/A �IRECTOR APPROVAL: N/f1 N/f1 Committee Coimcil PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED": (BELOW TO BE COMPLETED BYCITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO AC1'ION EnaMment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REV ISED — 02/06/2006 RESOLUTION # CITY OF ,'� Federaf Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall March 2, 2010 — 5:30 pm www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Kochmar called the meeting to order at 5:35 pm. Councilmembers present: Mayor Linda Kochmar, Councilmembers Jim Ferrell, Jeanne Burbidge, Mike Park, Jack Dovey and Roger Freeman. Mayor Kochmar excused Deputy Mayor Duclos. Staff present: City Manager/Police Chief Brian Wilson, City Attomey Pat Richardson and City Clerk Carol McNeilly. 2. PRESENTATIONS Mayor —Council Form or Government: Roles and Relationship between Mayor and Council; Council Delegate authority to Mayor, Purchasing Policies, Settlement of Claims, Set Council Meeting Agendas, Council Committees —appointments, etc., Appointments to various regional committees/boards, Boards/entities created via interlocal agreement (SCORE, Valley Com), Rules of Procedure, Code of Ethics. City Attorney Pat Richardson reviewed the changes to the Council Rules of Procedures that will occur once the city changes from to a Mayor/Council form of govemment. The Council discussed who should attend the agenda setting meeting meetings along with the Deputy Mayor. Council consensus was to have one of the Council Committee Chairs serve for one year. The Committees wiU rotate, starting with the Finance Committee, Land Use Committee then the Parks Committee. City Attorney Richardson reviewed the changes that will occur to the City's Purchasing Policies and Code of Ethics under the Mayor/Council form of Govemment. 3. EXECUTIVE SESSION The Council adjourned to Executive Session at 6:39 pm to discuss potential litigation pursuant to RCW 42.30.110(1)(i) for approximately 20 minutes. City Council Minutes March 2, 201 D Special Meeting Page 1 of 2 4. ADJOURNMENT Mayor Kochmar adjourned the meeting at 6:59 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by CounciL• City Council Minutes March 2, 2010 Special Meeting Page 2 of 2 � �Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall March 2, 2010 — 7:00 pm www. cifyoffederalway. com 1. CALL MEETING TO ORDER Mayor Kochmar called the meeting to order at 7:07pm. Councilmembers present: Mayor Linda Kochmar, Councilmembers Jim Ferrell, Jeanne Burbidge, Mike Park, Jack Dovey and Roger Freeman. Mayor Kochmar excused Deputy Mayor Duclos. Staff present: City Manager/Police Chief Brian Wilson, City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Cub Scout Pack #307 led the pledge of allegiance. MOTION: Councilmember Burbidge moved to add two items to Council Business: Item 6b. Discuss and authorize the expenditure for City Center Redevelopment Marketing Event in Korea on Apri12, 2010. Item 6c. To appoint members to the Lodging Tax Advisory Committee and the property owners for the North Lake Management District Advisory Committee. Councilmember povey second. VOTE: Motion carried 6-0. 3. PRESENTATIONS a. Outqoinq LTAC Member Councilmember povey presented Gerry LaMontage with a plaque for his years of service on the Lodging Tax Advisory Committee. b. Proclamation: Spread the Word to End the R-Word Councilmember Burbidge read the proclamation and presented it to Sharon Boyle from the Federal Way Community Center Special Populations Program. City Council Minutes — March 2, 2010 Regular Meeting Page 1 of S c. Federal Wav 20 Celebration Report Communications and GovernmentAffairs Manager Linda Farmerthanked the sponsors, and provided a summary of the 20 year Anniversary Events that occurred February 26-27` d. Federal Wav Olvmpic Athlete Report Communication and Government Affairs Manager Linda Farmer reported that Federal Way resident JR Celski won 2 bronze medals at the Winter Olympics and Apollo Ohno won 1 silver and 2 bronze medals, making him the most decorated Winter Olympian in history. Both athletes will be competing in the World Championships. e. Citv Manaaer Emerging Issues / Introduction of New Emplovees • City Manger W ilson deferred to Municipal Court Judge Larson who introduced Sue White, who was recently hired as the Municipal Court Administrator. • City Manager W ilson stated the City has been working with Branches Garden Center regarding a code violation over the past year. He is pleased to report that a voluntary correction agreement was executed last week. • City Manager W ilson reported the lawsuit that Federal Way was a part of pertaining to red-light photo tickets has been dismissed. • Deputy Public Works Director Ken Miller reported on new recycling and composting programs that Waste Management is offering to Federal Way businesses. 4. CITIZEN COMMENT PLEASE COMPLETE A P/NK SL1P & PRESENT /T TO THE CITY CLERK PRIOR TO SPEAKING.. When recognized by the Mayor, come forward to the podium and state your name for the record. PLEASE LIM/T YOUR COMMENTS TO THREE (3) MINUTES. The Mayor may interrupt comments fhat exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. Robert Hitchock President of Federal Way Community Council provided an update on the World Championship of Sand Sculptures event that will be held in Federal Way. Nancv Combs spoke regarding speeding tra�c on 312 Norma Blanchard requested information regarding the formation of the Animal Services Unit. H David Kaplan reported that the Tourism Enhancement grant applications are now available on the City's webpage. The deadline to submit grant applications is March 31 Rov Parke spoke regarding a past eminent domain issue and a cover up by Council and staff. Steve Jensen, owner of Branches Garden Center thanked the Council and City staff for the recent agreement that was executed regarding code violations at his business. Patrick Montgomerv, owner of Light House Cleaner spoke in support of the business rezoning amendment that is on the Council agenda this evening. Martin Moore spoke in support of the campaign contributions ordinance that is on the Council agenda. City Council Minutes — March 2, 2010 Regular Meeting Page 2 of S 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Approval of Minutes: February 16, 2010 Special and Regular Meeting APPROVED b. Vouchers APPROVED c. Final 2009 Monthly Financial Report APPROVED d. Early Replacement of Police Vehicle #526 APPROVED e. 2009 JAG Grant and Memo of Understanding APPROVED f. Resource Conservation Management Program APPROVED g. CB #524 Amendment to FWRC to Expand the Size of Heath Clubs in the BN Zone APPROVED Ord. 10-645 h. CB #525 Relinquishment of a Portion of S. 320 St. to the State of WA APPROVED Ord. 10-646 i. CB #526 Valley Communications Refunding Bonds APPROVED Ord. 10-647 j. CB #527 Criminal Code Update — Cyberstalking APPROVED Ord. 10-648 MOTION: Councilmember Park moved approval of the consent agenda. Councilmember povey second. VOTE: Motion carried 6-0. 6. COUNCIL BUSINESS a. Transportation Level of Service Traffic Engineer Rick Perez provided a history on the City's transportation level of service. Currently there no level of service failures, however, as part of the Traffic Improvement Plan, staff is looking forward five to six years and there are a few areas of concern. Staff considered twenty altematives for tra�c improvements at the intersections of 1 S ` Ave. S& S/SW 320 Street and 21 Ave. SW & SW 336�' StreeUSW Campus Drive. The most promising are roundabouts and median u-tums (aka Michigan lefts). Median u- turns prohibit left tums at intersections. Drivers go past the intersection and proceed through a u-turn. MOTION: Councilmember Ferrelt moved to maintain the current level of service standard using median u-turn intersections. Councilmember povey second. VOTE: Motion carried 5-1, Councilmember Freeman dissenting. b. Discuss and Authorize the expenditure for Citv Center Redevelopment Marketinct Event in Korea on Aqril 2, 2010. Economic Development Director Patrick Doherly stated representatives from the City will be traveling to Korea for the Sister City trip and would like to take the opportunity to host a marketing event so meet with potential investors. Staff is requesting funding up to $50k from the City Center Redevelopment Fund. Mr. Doherty reviewed the plans forthe marketing event. MOTION: Councilmember povey moved to authorize the City Managerto negotiate and execute the necessary contracts for a City Center marketing event in Seoul, Korea and the expenditure of up to $r50k from the City Center Redevelopment Fund. Councilmember Park second. City Council Minutes — March 2, 2010 Regular Meeting Page 3 of 5 VOTE: Motion carried 6-0. c. Appoint members to the Lodqinq Tax Advisorv Committee and the proqertv owners for the North Lake Manaqement District Advisorv Committee MOTION: Mayor Kochmar moved to appoint Emma Bulalacao-Brook and Aimee Tylor to the Lodging Tax Advisory Committee as voting members, with terms expiring October 31, 2012. Councilmember povey second. VOTE: Motion carried 6- 0. North Lake Manaqement District The Council will make these appointments at their March 16, 2010 meeting. 7. INTRODUCTION I FIRST READING OF ORDINANCE a. CB #528 Carrv Forward Budqet Adiustments Finance Director Tho Kraus reviewed the details of the carryForward budget request. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Park moved to forward the ordinance to second reading and enactment at the March 16, 2010 City Council meeting. Councilmember Burbidge second. VOTE: Motion carried 6-0. b. CB #529 Campaian Contributions City Clerk McNeilly read the ordinance title into the record MOTION: Councilmember Freeman moved to forward the ordinance to second reading and enactment at the March 16, 2010 City Council meeting. Councilmember povey second. VOTE: Motion carried 6-0. 8. COUNCIL REPORTS Councilmember Freeman reported that he attended the staff at the Federal Way Community Center for a great job during the Federal Way 20�' Anniversary Event. Councilmember povey reported on an upcoming Valley Comm meeting and stated construction of the SCORE facility is moving forward. Councilmember Burbidge stated the next PRHSPS meeting is March 9, 2010. She reported on upcoming community events as well as recent changed in transit services in Federal Way. Councilmember Park thanked all the participants for their work on the Federal Way 2p Anniversary Celebration Event. Councilmember Ferrell reported on the Federal Way 20 Anniversary event. Mayor Kochmar reported on an upcoming event by Sustainable Works. She will be traveling to Washington DC this week to lobby for traffic funds for the City's Triangle project. City Council Minutes — March 2, 2010 Regular Meeting Page 4 of S 9. CITY MANAGER REPORT City Manger Wilson reported the police hosted a Police Explorer challenge. He aiso noted that Mayor Kochmar's granddaughter recently placed second in the State Wrestling Championships. 10. EXECUTIVE SESSION The Council did not adjourn to executive session. 11.ADJOURNMENT Mayor Kochmar adjoumed the meeting at 9:49 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — March 2, 2010 Regular Meeting Page S of 5 COUNCIL MEETING DATE: 3/16/2010 ITEM #: CITY COUNCIL AGENDA BILL SUBJECT: REGIONAL HAZARD MITIGATION PLAN ADOPTION POLICY QUESTION Should the City Council approve the revised City of Federal Way Annex to the King County Regional Hazard Mitigation Plan (RHMP), dated February 2010, which has been updated in accordance with FEMA recommendations and subsequently approved by FEMA? CITY OF FEDERAL WAY COMMITTEE PARKS, RECREATION AND PUBLIC SAFETY CATEGORY: � ►�� Ordinance � Consent ❑ City Council Business STAFF REPORT BY: Mary F Resolution MEETING DATE: 3/9/201 O ❑ Public Hearing ❑ Other DEPT PUBLIC WORKS Attachments: PRHSPS Committee Memorandum, 03/09/2010 Revised Federal Way Annex, 02/2010 Options Considered: 1) Approve the Resolution for adoption of the February 2010 revision to the Regional Hazard Mitigation Plan of King County, Federal Way Annex. 2) Do not approve the Resolution for adoption of the revised Hazard Mitigation Plan of King County and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the March 16, 2010 City Council for approval CITY MANAGER APPROVAL: ,4, (��"►'� '3/ �I�10 � ,�I � DIRECTOR APPROVAL• �ivr'"` Committee Council • Committee Council COMMITTEE RECOMMENDATION Committee recommends forwarding Option 1 to the March 16 2010 City Council for approval. Committee Chair ' �� i �� Committee Member PROPOSED COUNCIL MOTION(S) "I move to approve the Resolution for adoption of the February 2010 revision of the Regional Hazard Mitigation Plan of King County, Federal Way Annex" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACI'ION Enachnent reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT Date: March 09, 2010 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Ma � er enc a gement Specialist Via: Brian Wilson, CM/Police Chief Subject: Regional Hazard Mitigallon Plan of King County Issue: Should the City Council approve the 2009 revised King County Regional Hazard Mitigation Plan (RHMP), City of Federal Way Annex, February 2010 version, which has been updated in accordance with FEMA recommended changes? Back�round At the September 15, 2009 City Council Meeting, a revised Regional Hazard Mitigation Plan Federal Way Annex was approved by City Council in accordance with FEMA's requirement that hazard mitigation plans be revised every 5 years. The City's adoption of the revised plan was tentative pending final approval by FEMA. In January, the City's Emergency Management Division was advised that the proposed revised Annex required further modification before final FEMA approval. The changes recommended by FEMA were incorporated into the 2009 revised RHMP Annex. The revised version has been approved by FEMA and now requires that the City adopt the �nal version. Changes to the original document include the following: 1. Added a list of ongoing hazard mitigation activities (pg 4). 2. Added a"Status" notation to the 2004 Progress Report action items (pg 5). 3. Added specific names to the department titles (pg 6). 4. Incorporated a 2009 Record of Changes section (pg 7). 5. Added a statement regarding continued public involvement in the plan (pg 8, #9). 6. Incorporated additional information regarding the City's participation in the National Flood Insurance Program including mitigation activities and plan oversight (pg 10-11) 7. Added a Federal Disaster Comparative (pg 14) 8. Added a Natural Hazard Profile section (pgs 15-26) 9. Incorporated a Hazard Capability Matrix (pg 27) 10. Added a second earthquake hazard mitigation action related to "site-hardening" of City facilities to be completed within the 2009-2014 plan cycle (pg 37). Cc: Project File RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, authorizing continued participation in the King County Regional Hazard Mitigation Plan. WHEREAS, the City Council approved the adoption of the 2009 City of Federal Way revised Annex to the King County Regional Hazard Mitigation Plan, pending FEMA approval of the revised Annex, and WHEREAS, FEMA required that changes be made to the proposed revised Annex, and WHEREAS, FEMA requires that the current FEMA approved version, dated 02/2010, ofthe revised Annex, be approved and adopted by the City's Council, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The City Council of Federal Way hereby approves adoption of the revised plan dated 02/2010, which incorporates recommended FEMA changes, attached hereto as Eachibit A. Section 2. 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 3. Corrections. The City Clerk and the codifiers of this resolution axe authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Resolution No. 09- Page 1 of 2 Rev 3/09 Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2009. 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.: Resolution No.09- Page 2 of 2 Rev 3/09 Regional Hazard Mitigation Plan �X�/b!�' � City of Federal Way Annex Regional Hazard Mitigation Plan of � King County Cit of Federal Wa Y Y Annex CITY OF � � ra a KC Regional Hazard Mitigation Plan — Federal Way Annex REV. 02/2010 . • ,. R •;'.,;•, ; ti -:=, Regional Hazard Mitigation Plan ,► City of Federal Way Annex Jurisdictional Profile Federal Way was incorporated in 1990 and is centrally located in the southwestern corner of King County, situated 25 miles south of downtown Seattle and eight miles north of downtown Tacoma. The city occupies approximately 22 square miles on a plateau between Puget Sound and the Green River Valley. The overall community of Federal Way is bordered on the west by the shores of Puget Sound and shares common boundaries with the cities of Tacoma, Milton, Edgewood, Algona, Pacific, Auburn, Kent and Des Moines, and an unincorporated area of King County. While the citizen population of Federal Way is 88,000 according to City records, the Greater Federal Way Community represents a total of approximately 100,000 people who live, work and attend schools and other programs within the influence of the City of Federal Way. The community is diversified with the spectra from high-priced shoreline view neighborhoods, to high-density multi-family apartment complexes. In addition to English, there are some distinct ethnic neighborhoods, including Spanish, Russian and Korean, where local dialects are often the primary languages for the neighborhood businesses and residents. There are several Fortune 1000 global headquarters, commercial and retail centers, schools, churches and several large medical centers. The city is located at a key transportation hub on Interstate 5. Interstate 5 and State Highways 99, 161, and 509 provide north/south transit options: State Highway 18 offers direct access to the state's main east-west corridor, Interstate 90. There are seven major roadways that serve the activity centers within Federal Way, including the South 320th Street corridor between Pacific Highway South (SR-99) and I-5. Citv Governance The local Governance of Federal Way includes seven elected officials with a Mayor elected by the Council, all serving a 4-year term. There are three primary Committees reporting to the council, with each Committee containing 3 council members as well as leaders from various organizations within the City. These Committees are; 1)Finance, Economic Development & Regional Affairs Committee, 2)Land Use and Transportation Committee and, 3)Parks, Recreation, Human Services & Public Safety Committee (PRHSPSC) Federal Way employees its own Public Works services as well as Police Department. Fire and rescue services are contracted through South King Fire and Rescue. The City receives the majority of its water and sewer service through Lakehaven Utility District with a smaller segment being serviced through Tacoma Water. The majority of electricity and natural gas services are provided through Puget Sound Energy with a smaller segment being serviced through Tacoma Power. Public education is provided through the Federal Way School District. All contracted service providers, with the exception of Tacoma Water and Tacoma Power, also participate in the King County Regional Hazard Mitigation Plan through individual Annexes. A number of independent health care facilities serve Federal Way medical needs including St. Francis Hospital, Virginia Mason Clinic and Group Health. KC Regional Hazard Mitigation Plan — Federal Way Annex 2 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Map — City of Federal Way Boundaries �ity af Fed�eral Way Feder�l ��, W�shin$ton � �� , 8tlt A�re 8, � � , WA 8b00� 7�100 YMwMW,41,19�6f �MM�y.1M&t� KC Regional Hazard Mitigation Plan — Federal Way Annex REV. 02/2010 �hM nrp i� MYmdrd 1or � a a �r�; �� a rrz y �tua �ow�+s�aa•pn.«�aar. N a '� -' � � �� Regional Hazard Mitigation Plan City of Federal Way Annex Mitigation Strategv Summarv The City of Federal Way's Mitigation Strategy, Goals and Objectives support those noted within the Regional Hazard Mitigation Plan of King County, including the incorporation of actions to 1) Protedt Life and Property, 2) Support Emergency Services, 3) Increase Public Awareness, 4) Preserve Natural Systems and Resources, 5) Encourage Partnerships and 6) Enhance Planning The City incorporates ongoing hazard mitigation efforts in the following areas: • Work with Greater Federal Way Emergency Management agencies and local area , businesses to provide public information on earthquake hazard mitigation actions that � can help reduce the effects of an earthquake within homes and businesses. •�! Have completed the City's Comprehensive Emergency Management Plan to provide � overall direction related to all phases of emergency management. The plan is NIMS ', compliant and includes a unified emergency management approach in which the Greater ��, Federal Way Emergency Management agencies are included. These include South King I Fire and Rescue, Lakehaven Utility District, Federal Way Schools and St. Francis ' Hospita.l. •, Since 2003, a dedicated EOC has been established. At least one tabletop exercise is �� conducted each year. . •'� The City and affiliated agencies completed the FEMA IEMC course in August of 2009 '� in which we received high performance marks. In preparation for the IEMC training, the , City's Emergency Management Department created NIMS compliant Typed Resource �, List. • I, The City's Emergency Management Department has established a GFW Emergency ! Management Oversight Committee. The committee members are comprised of � representatives from each member agency. Areas of focus include all phases of !� emergency management. •'� Both CERT and NET (Neighborhood Emergency Team) courses are offered to city ', residents. An emergency planning course for businesses will be introduced in 2010. •�I Federal Way subscribes to the 2006 Washington State Building Code and amendments, ' the 2006 International Building Code and amendments, the International Fire Code and �� the KCSWDM. •' The City continues to participate in regional emergency disaster meetings, including I those related to the Howard Hanson Dam issue, King County OEM quarterly meetings � and Zone 3 quarterly meetings. •�� The City has purchased two 60 KW portable generators for use at designated shelter ' facilities during times of emergency. • I The City has created a Succession Plan for key positions within the City for use during �, times of disaster to ensure the continuity of Government. . The City of Federal Way incurred approximately $180,000 in damage mitigation costs related to severe winter storms occurring in 2006 and 2008. Mitigation efforts included deployment of snow plows and application of de-icing fluid on targeted roadways. KC R ional Hazard Mitigarion Plan - Federal Way Annex 4 REV. 2/2010 Regional Hazard Mitigation Plan City of Federal Way Annex 2004 Mitigation Strate�v Progress Report The following provides a complete list and status update for a112004 mitigation initiatives. 1) Develop & implement pro grams to coordinate maintenance personnel res activities during severe winter storm events Status: Complete The City developed a flooding "Hot Spot" list to enable timely mitigation activities during times of heavy rain. The list also facilitates a rapid assessment approach in determining distribution of response resources. Public Works also developed an Employee Emergency Handbook. The handbook contains policies and procedures related to severe weather response, an emergency phone list, equipment list and various maps including a map identifying de-icing routes. 2) Develop a response plan to be implemented in the event of a surface water stora�e facilitv breach includin�propertv-owner notification and post-event assessment Status: Complete The Panther Lake EOP was updated to include notification procedures, downstream mapping and affected structures, appropriate response to emerging conditions and preventative actions. 3) Adopt the International Buildin� Code and evaluate additional buildin c�de application for increasin�the protection of life and property. Status: Complete The IBC was adopted in 2004 and has implemented changes according to IBC amendments. The City also complies with the Washington State Building Code. 4) Encoura�e seismic retrofitting in all structures including homes, schools, businesses and Government offices Status: Complete In 2007 the City of Federal Way along with Home Depot and Lowe's sponsored a week long focus on seismic retrofitting of homes and businesses. The week included talks and workshops about how to secure water heaters, appliances and other seismic home and office hazards. Federal Way City Hall was inspected to identify areas that could use seismic retrofitting information was then passed on to the facility group to be included in their maintenance schedule and monthly Safety Meeting. 5) Install backup �enerators in City Hall in order to maintain City services in the event of a power outage and to ensure the Citv's EOC is able to operate if activation is required. Status: Complete A 750kw backup generator was installed in 2004. In 2008 an additional SOOgaI diesel fuel tank was added to increase generator run-time. Status: Complete 6) Increase public awareness and preparedness related to hazards within the local area as well as increase participation in CERT. Status: Complete/Ongoing for 2009 cycle The City currently schedules three CERT classes per year as well as offers a neighborhood preparedness option and maintains a list of participating neighborhoods. Additionally, the City's Emergency Management Department maintains City website pages that include the publishing of various emergency plans, information regarding hazard identification and response, the City's public warning system (CodeRed), educational opportunities and more. The CodeRed system was incorporated in 2008 and KC Regional Hazard Mitigation Plan — Federal Way Annex REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex is now the City's primary public emergency notification system. The department also publishes a monthly article in the local newspaper. 7)' Map and identify locations around the City that are affected bv repetitive or predicted ' hazards. I Status: Complete �'� The City has developed slide maps and de-icing maps as well as a Surface Water '�, Management "Hot Spot" checklist identifying locations that are prone to excess surface i water. Prior �o internal review of the existing plan, a representative from the Emergency Management Depa�tment attended a preliminary revision meeting held by King County OEM and subse¢�uently attended two additional KCEOM RHMP revision meetings. In ide I tifying appropriate updates and initiatives for the revised Federal Way Annex, a Regional Hazar� Mitigation Plan Working Group was formed. The working group consists of Public Work� and Emergency Management leadership as follows: Mary obday — Emergency Management Specialist Ray ross — Emergency Management Coordinator & Department Head Ma Salloum — Public Works Deputy Director Ken 1�Iiller — Public Works Deputy Director Willi�m Appleton — Surface Water Manager The g oup held three meetings during the revision process (agendas attached). The group revie�ed the current City mitigation strategy making changes as appropriate, reviewed the progr�ss made on prior mitigation initiatives and identified attainable projects to include in the reviseld plan cycle and reviewed the FEMA How-To-Guide on Benefit-Cost Review models. In adc�ition to the Working Group meetings, Emergency Management representatives met with Southl, King Fire and Rescue, Lakehaven Utility District and Federal Way Schools to discuss possit�le collaborative initiative opportunities given all serve the citizens of Federal Way. The u dated plan was presented to the City's Parks, Recreation, Human Services, Public Safety Co ittee for initial review and comment prior to presentation at a Public City Council Meeti g. During the public City Council Meeting, citizens were invited to view the plan and to provi�le comment via the City's website. A Re�olution for Continuance in the Regional Hazard Mitigation Plan of King County was prese�ted and adopted by Council at the July 21 City Council Meeting. The revised plan was then presented and adopted by Council at the September 15 City Council Meeting. KC R ional Hazard Mitigation Plan — Federal Way Annex 6 REV. 2/2010 Regional Hazard Mitigation Plan City of Federal Way Annex 2009 Record of Changes In suinmary, the following changes to the 2004 plan were made as a result of the review process: • The overall plan was re-written to meet Mitigation Plan Crosswalk requirements. • A Mitigation Strategy Summary was added to better describe the City's ongoing hazard mitigation efforts as well as a Progress Report on 2004 initiative efforts. • The Planning Process was enhanced to included: ■ A RHMP Working group was formed in order to provide a wider range of knowledge regarding the hazards and issues surrounding the city. Members of the group included expertise from Streets & Traffic, Surface Water Management and Emergency Management. Additional expertise from Community Development Planning and Code Enforcement will be asked to join this working group for future planning and meetings. • The Plan Maintenance section was modified to include: ■ An annual review of the plan. ■ The requirement to meet with other plan participants who provide services to the City, such as South King Fire & Rescue, in order to explore possible common areas for mitigation efforts. ■ A detailed listing of existing plans and mechanisms that warrant hazard mitigation integration. An integration strategy for this purpose was also added. ■ In general, a more detailed maintenance plan was developed. A City-specific Hazard Profile section was added to include: ■ The City's Hazard Identification and Vulnerability Assessment (HIVA) table to better illustrate Federal Way's unique vulnerability to area. ■ A table was added to compare declared events within King County to declared events within Federal Way for the time period 2000-2009 to better illustrate how the City's vulnerability compares to the whole of King County. ■ A Hazard Capabilities table was added to better describe the City's current capabilities related to area hazards. • A narrative describing the City's participation in the NFIP program was included. • The City's HIVA information was used in addition to a BCR calculation to augment the overall prioritization process when determining 2009 mitigation actions. KC Regional Hazard Mitigation Plan — Federal Way Annex 7 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Hazard Mitigation Plan Maintenance The City of Federal Way's participation in the Regional Hazard Mitigation Plan supports both the Regional Mission Statement and the Regional Goals and Objectives in the development of City Annex pages. The City of Federal Way will incorporate the following processes in the development, adoption and maintenance of the Regional Hazard Mitigation Plan Annex: 1) A Regional Hazard Mitigation Plan Working Group, consisting of Public Works, Community Development Planning and Emergency Management personnel will oversee the City's mitigation efforts and will ensure the accuracy of the Plan's content, determine the City's mitigation strategy and identify supporting initiatives, establishing priority according to recommended FEMA and King County prioritization models. 2) In support of enhancing partnerships and planning activities, a representative of the City's RHMP Working Group will meet with other plan participants who provide services to the City in order to explore potential initiative synergies. 3) A representative from the RHMP Working Group will present, in draft form, the revised City Annex to the Parks, Recreation, Human Services and Public Safety Committee, which is represented by City Council members, City management and a number of private organizations and citizens and the agenda and minutes of which are published to the general public. Prior to seeking adoption of the City's RHMP Annex, it will ask this Committee for its support in recommending adoption by Council. 4) The Citizen's of Federal Way shall have access to the City's Regional Hazard Mitigation Plan via the City website with the note that comments on the plan are welcome. Additionally, during the cycle revision process, a Press Release will be issued to request comments on the proposed revised plan. The invitation to view revisions will also be announced at Committee meetings and City Council meetings. 5) After Committee review and a public comment period, the plan will be presented at a regularly scheduled public City Council Meeting seeking conditional adoption of the plan pending FEMA's approval. 6) Once FEMA approval is obtained, Council will be asked to formally adopt via Resolution. 7) The Regional Hazard Mitigation Working Group shall review the hazards, plan strategy and initiatives on an annual basis at mid-year to gain an overall progress status report and to determine whether any new hazards exist. The plan will also be reviewed after each major disaster event to determine if hazard impact changes have resulted and to determine if the priorities of mitigation initiative efforts should be realigned. These changes will be recorded for ease of update on the next planning cycle. 8) A representative of the Regional Hazard Mitigation Working Group shall attend meetings held by King County Office of Emergency Management in relation to the RHMP and will follow recommended revision requirements as requested by KCOEM. 9) Continued Public Involvement — The City's plan will be placed within the City's website with a notation stating how citizens may submit suggestions for changes or future inclusions. KC Regional Hazard Mitigation Plan — Federal Way Annex REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Incorporation with Existin� Plans & Mechanisms The RHMP Working Group reviewed the list of possible relationships noted within the FEMA Local Multi-Hazard Mitigation Planning Guidance resource and identified the following as areas in which awareness of the Regional Hazard Mitigation Plan and the City's Annex would be important toward continual improvement. To encourage the inclusion of hazard mitigation planning, a copy of the RHMP along with a cover letter will be sent to key personnel with oversight responsibilities within these areas. The letter will stress the importance of including the consideration of hazard mitigation as it relates to their area of oversight. The City will continue to work with these entities to increase the awareness of and stress the importance of hazard mitigation efforts. • Comprehensive Emergency Management Plan • Growth Management Act • Critical Areas Ordinance • Safety Management Plan • Zoning and Development Codes • Building and Land Use Codes • Capital Improvement Plan • Planning Commission • Land Use & Transportation Committee • Parks, Recreation, Human Ser�ices & Public Safety Committee • Finance, Economic Development & Regional Affairs Committee • City Departments including Public Works and Community Development The RHMP Working Group will consider additional sources during the annual review process, adding those whose relationship is conducive toward supporting the Plan's Mitigation Strategy, Goals and Objectives. KC Regional Hazard Mitigation Plan — Federal Way Annex 9 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex National Flood Insurance Program Given the higher elevation of Federal Way and the lack of rivers and significant creeks and streams, the City is not generally susceptible to significant flooding. The most recent FIRM map dated 1995 designates all of Federal Way as an X zone with the exception of the coastal west side, which has been designated as an A zone or Special Flood Hazard Area. Even as such, much of the coast is high bluff bank, which likely would not be susceptible to damages defined under type A zones. The City does have occasional nuisance flooding caused through temporary blockage of storm water conveyance systems by storm debris. Property damage within the CiTy due to flooding of any type is extremely low. The City adopted participation in the NFIP in 1996 and is listed as follows: Program: Regular Emergency Entry: Regular Entry: 06/21/1996 Status: PARTICIPATING Status Effective: 06/21/1996 Current Map: 04/19/2005 Study Underway: YES Level of Regs: FIRM Status: REVISED Initial FIRM: 05/16/1995 FHBM Status: NEVER MAPPED Initial FHBM: Policies in Force: 43 Insurance in Force: $11,705,000.00 No. of Paid Losses: 0 Total Losses Paid: $0.00 Sub. Damage Claims Since 1978: 0 Federal Way has 0 repetitive loss properties due to flooding. The City is not and does not plan to join the Community Ratings System given that the cost of flood insurance to homeowners is already significantly lower than the average for King County and as stated above, is not susceptible to significant flood hazards. NFIP Oversi� The City uses existing Storm Water Management personnel to oversee NFIP compliance with the SWM Manager acting as the City's NFIP Coordinator. The last CAV was completed in 2006, in which no issues were found. The next CAV will occur sometime in 2011. As required under the NFIP, the City submits reports and updates as requested by FEMA. New FIRM data is expected sometime within 2010 and when issued, the NFIP Coordinator will determine whether any changes have occurred that require a review and possible update to current City Codes as stated within FWRC Title 19 Zoning and Development Code. Flood Miti ag tion In order to support the intent of the NFIP, the City has adopted best practice standards for Storm Water Management and Zoning and Development Codes, including the adoption of the 2009 King County Surface Water Design Manual (KCSWDM) for use in the design of the surface water aspects of all projects within the City and the addition of Flood Damage Protection KC Regional Hazard Mitigation Plan — Federal Way Annex 10 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex policies to the City's Zoning and Development Code (Title 19, Ch. 142). The City also follows a surface water comprehensive plan that seeks to: 1. Protect the public health and safety and prevent property damage by reducing surface water problems. 2. Protect, preserve and enhance the beneficial uses of surface waters for recreation, fish and wildlife habitat, aesthetic enjoyment, aquifer recharge, and open space. 3. Regulate development and re-development to control water quantity and quality impacts in a cost-effective and aesthetic manner. 4. Manage the surface water Utility in a manner that makes efficient use of limited resources to address the most critical problems first, and which expresses community values and priorities. The Federal Way Revised Code, Title 19, Zoning and Development, additionally includes the following components, which directly or indirectly help to mitigate hazards related to flooding: 19.142 Flood Damage Prevention 19.145 Environment and Critical Areas in General 19150 Critical Areas Administration 19.155 General Site Design Requirements 19.160 Geologically Hazardous Areas 19.165 Streams 19.170 Regulated Lakes 19.175 Regulated Wetlands 19.180 Regulated Wellheads 19.185 Critical Aquifer Recharge Areas and Wellhead Protection Areas The City of Federal Way also uses all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesirable and unintended consequences. As such, the Federal Way Revised Code incorporates the following policies and associated ordinances: Surface and Stormwater Management (FWRC Title 16); Shoreline Regulation and the Shoreline Management Master Program (FWRC Title 15); Methods to Mitigate Development Impacts (FWRC Title 19 Division III); The Shoreline Management Guide Book (DOE); The Washington State Flood Reduction Plan (1993 DCD); Ordinances relating to Surface Water Runoff and Surface Water Management; The Executive Proposed Basin Plan Hylebos Creek and Lower Puget Sound, King County Surface Water Management, July 1991; The Federal Way Comprehensive Surface Water Management Plan; Washington State Shoreline Management Act of 1971; The Puget Sound Water Quality Management Plan; The King County Surface Water Design Manual (KCSWDM) and the Federal Way Addendum to the KCSWDM; The Stormwater Management Manual for the Puget Sound Basin, Washington State Department of Ecology, August 2001; The January 2002 URS Federal Way Stream Inventory KC Regional Hazard Mitigation Plan — Federal Way Annex 11 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Critical Citv Facilitv Inventorv CONFIDENTIAL — NOT for public disclosure. Critical Facility Type Jurisdiction Controlled Maximum $ Loss Controlled Facilities Not under Facilities Facilities Jurisdiction Control Continuity of Government . Federal Way City Hall .$11,035,000 • U.S. Postal Bulk Mail or Administration . Federal Way Community •$9,900,000 Center Center • King County Aquatics • Dumas Bay Center • $7,741,000 Center . Steel Lake Maintenance • $318,000 Life Safety & Medical . Saint Francis Hospital . Virginia Mason Medical Center • King County Public Health • See South King Fire & Rescue RHMP annex Transportation . Federal Way Transit Center • I-5 • SR-99 • HWY 18 • Overpass @ I-5 & HWY 18 • Overpass @ I-5 & 320 • Over�ass @ I-5 & 272 Education • See Federal Way Public Schools RHMP annex • DeVry • Highline Community Coll e Utilities . BPA power lines • Olympic Pipe line • See Lakehaven Utility District RHMP annex Community Services . Multi-Service Center (food bank) . Evergreen Lodge (assisted living) • Foundation House (assisted living) • Garden Terrace (Alzheimer's Center) • Village Green (Retirement village) • WoodMark (assisted living) • Avalon Care Center (assisted living) • HaIlMark Manor (assisted living) • Life Care Center assisted livin KC Regional Hazard Mitigation Plan — Federal Way Annex 12 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Jurisdictional Hazards Current Federal Wav HIVA as noted within Citv's CEMP: HAZARD IDENTIFICATION AND VULNERABILITY ASSESSMENT TABLE HAZARD PROBABILITY IMPACT WARNING CIVIL DISTURBANCE LOW MODERATE YES DROUGHT / HEAT LOW LOW YES EARTHQUAKE MODERATE HIGH NO FIRE URBAN / WILDLAND INTERFACE LOW MODERATE YES FLOODING LOW LOW YES HAZMAT MODERATE HIGH NO LANDSLIDES LOW MODERATE NO PANDEMIC FLU LOW HIGH YES SEVERE WEATHER HIGH HIGH YES WINTER STORM TERRORISM LOW HIGH NO TRANSPORTATION ACCIDENT LOW MODERATE NO (AIRLINER) TSUNAMIS/SEICHES LOW MODERATE YES UTILITY OUTAGES HIGH MODERATE NO (OVER 24 HOURS AREA WIDEI VOLCANOES LOW HIGH YES Probability was based on historical data and where no historical data existed, a reasonable assumption was made based on the City's topography, available hazard maps and proximity to the hazard. High: Yearly Moderate: Two - Ten Years Low: Beyond Ten years Impact was determined by the event having any two of the items listed in the category. High: Large population effected, wide property destroyed ar severely damaged, all response resources overwhelmed. Moderate: Localized population effected, localized property destroyed or damaged, all response resources strained. Low: Small population affected, light property damage, additional response resource called in. KC Regional Hazard Mitigation Plan — Federal Way Annex 13 REV. 02/2010 The City of Federal Way generally agrees that it is vulnerable to the hazards noted within the Regional Hazard Mitigation Plan of King County, with the following modifications: Regional Hazard Mitigation Plan City of Federal Way Annex Federal Declarations Comparative — King Countv 2000-2009 Maj/DR Presidential Major Disaster Declaration (all eligible assistance programs) Emerg/EM Presidential Emergency Declaration (assistance limited to specific emergency need) FS Federal Fire Suppression (assistance limited to state agency fire suppression costs) FM Federal Fire Management (replaced Fire Suppression - for state & local governments) Major DR-1361 — Nisqually Benton, Chelan, Clallam, Clark, Cowlitz, Federal Way Comparative Earthquake Douglas, Grays Harbor, Island, Jefferson, No declaration declared, Declared March 1, 2001 King, Kitsap, Kittitas, Lewis, Mason, Pacific, minimal damage reported. Pierce, Skagit, Skamania, Snohomish, Thurston, Wahkiakum, Walla Walla, Whatcom, Yakima Major DR-1499 Chelan, Clallam, Grays Harbor, Island, Federal Way Comparative October 15-23 flooding Jefferson, King, Kitsap, Mason, Okanogan, No declaration declared, Declared November 7, 2003 Pierce, San Juan, Skagit, Snohomish, minimal damage reported Thurston, Whatcom Major DR-1671 Chelan, Clark, Cowlitz, Grays Harbor, Federal Way Comparative Severe storms Jefferson, King, Lewis, Pacific, Pierce, No declaration declared, /floods/landslides/mudslides Skagit, Skamania, Snohomish, Thurston, minimal damage reported Nov 2-11, 2006 Major DR-1682 Chelan, Clallam, Clark, Grant, Grays Harbor, Federal Way Comparative Severe winter storms/wind/ Island, King, Klickitat, Lewis, Mason, Pacific, DR Declaration landslides/mudslides Pend Oreille, Pierce, San Juan, Skagit, Dec 1415, 2006 Skamania, Snohomish, Thurston, Wahkiakum PA Onl Major DR-1734 Clallam, Grays Harbor, Jefferson, King, Federal Way Comparative Severe storms and flooding Kitsap, Lewis, Mason, Pacific, Skagit, No declaration declared, Dec 1-17, 2007 Snohomish, Thurston, Wahkiakum minimal damage reported Major DR-1825 Clallam, Columbia, Cowlitz, Grays Harbor, Federal Way Comparative Severe winter storm, record Jefferson, King, Klickitat, Lewis, Mason, DR Declaration and near-record snow Pacific, Skagit, Skamania, Snohomish, Dec 12, 2008 — Jan 5, 2009 Spokane, Thurston, Wahkiakum, Walla Walla, Whatcom Major DR-1817 Chelan, Clallam, Columbia, Cowlitz, Gafield, Federal Way Comparative Severe winter storm, Grays Harbor, Jefferson, King, Kittitas, DR Declaration landslides, mudslides, and Klickitat, Lewis, Lincoln, Mason, Pacific, flooding Pierce, Skagit, Skamania, Snohomish, Jan 6-16, 2009 Thurston, Wahkiakum, Whatcom, Yakima KC Regional Hazard Mitigation Plan — Federal Way Annex 14 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Federal Wav Natural Hazards Profile I. Drought/Heat De anition A drought is an extended period of unusually dry weather. Droughts become severe if several months pass without significant precipitation. Extreme heat is defined as temperatures that are 10 or more degrees above the average high temperature, and that last for several weeks during the hottest time of the year. There are four different ways that drought can be defined. 1. Meteorological: A measure of departure of precipitation from normal. Due to climatic differences, what might be considered a drought in one location of the country may not be in another. 2. Agricultural: Refers to a situation where the amount of moisture in the soil no longer meets the needs of a particular crop. 3. Hydrological: Occurs when surface and subsurface water supplies are below normal. 4. Socioeconomic: Refers to the situation that occurs when physical water shortages begin to affect people. Historv Historically, drought has not been a major concern for the Federal Way area. The Federal Way area experiences water shortages every few years. In 2001 rainfall for western Washington fell to 30% below normal. The National Weather Service reports that 2000-2001 had been the driest winter in Washington since 1976-77. It is also one of the five driest in the past 100 years. Each summer season presents the possibility of extreme high temperatures. In the summer of 2009, Federal Way experienced several days of extreme heat as did most of Western Washington. In the 2009 event, the City's Community Center was offered as a cooling center for area residents. Vulnerabilitv Nearly all areas within the City of Federal Way are vulnerable to the effects of drought. Severe problems could conceivably occur in the event of water shortages requiring rationing, especially as it pertains to area businesses and care facilities as many of these types of businesses require the use of large amounts of water to operate. A severe drought creating water rationing for some businesses could cause severe cutbacks in the products or services they offer, potentially creating a financial hardship resulting in lost revenues and possibly a reduced workforce. The secondary hazard of fire resulting from reduced moisture content is an area for concern in times of severe drought. Fires are easily ignited in dry grasses and can spread quickly in drought- stricken areas. Residential areas with a high concentration of homes constructed of wood with cedar-shingle type roofing can be more susceptible to fire during these times, posing a risk to life and property. An increase in the number of emergency calls regarding heat-related health issues may also be experienced. KC Regional Hazard Mitigation Plan — Federal Way Annex 15 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex II. Earthquake De anition Earthquakes are defined as the sudden release of energy occurring from the collision or shifting of crustal plates on the earth's surface or from the fracture of stressed rock or fault formations in that crust. This release of energy results in the earth shaking, rocking, rolling, jarring and jolting; having the potential to cause minimal to great damage in the Puget Sound area. Earthquakes are measured by units of magnitude.There are three distinct types of earthquakes; 1) benioff zone, 2) subduction zone, and 3) shallow crustal earthquakes. Each can generate powerful damaging motion. Benioff Zone earthquakes occur at depths of 15 to 60 miles from a subduction area. Examples of this type of damaging event include the Olympia earthquake in 1949, 1965 Seattle/Tacoma earthquake, 1999 Satsop earthquake and the 2001 Nisqually earthquake. Subduction Zone earthquakes occur along the interface between tectonic plates. The energy generated from the collision of these plates can be considerable. These great magnitude events can reach 8.0 to 9.0 on the Richter scale. Shallow crustal earthquakes occur within 20 miles of the earth's surface. These are fairly common events with typical magnitudes of up to 5.5, though there is some evidence that a number of shallow events have exceeded this figure. Historv The most notable recent earthquakes include the 1949 magnitude 7.1 Olympia earthquake which caused over $100 million in damage and killed eight people; the 1965 magnitude 6.5 Seattle- Tacoma earthquake which caused over $50 million in damage and killed seven people; the 1999 magnitude 5.5 Satsop earthquake; and the 2001 magnitude 6.8 Nisqually earthquake. While these earthquakes were definitely felt in Federal Way, minimal residential and commercial damage was reported. Vulnerabilitv The City of Federal Way is vulnerable to earthquakes given a long history of documented activity and its proximity to a known subduction zone which lies off the coastline of Southwestern Washington as well as a documented fault line, the Tacoma Fault, which runs along the boarder of Tacoma and Federal Way. While not yet conclusive, some recent scientific studies suggest that the Tacoma Fault may have additional arms that stretch directly beneath portions of Federal Way (See following maps). Depending on the magnitude and epicenter of the earthquake, Federal Way could experience minimal to severe damage, injuries and fatalities. KC Regional Hazard Mitigation Plan — Federal Way Annex 16 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Source: University of Washington Dept. of Earth and Space Sciences http://www.pnsn.or INFO GENERAL/fig_pu�flts.� Najar Fsult Zon�a In th• Pu��t aound b.r i:. Fwit bq Is. Fault Feult KC Regional Hazard Mitigation Plan — Federal Way Annex 17 REV. 02/2010 �gs �t2 Regional Hazard Mitigation Plan City of Federal Way Annex Tacoma Fault Map (http://www.djc.com/news/en/11190664.htm1) KC Regional Hazard Mitigation Plan — Federal Way Annex 18 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex III. Flood De anition A flood is an unusually large flow or rise of water, especially over land not usually covered with water. There are two types of flooding which occur in King County: Riverine Flooding: Floods which occur because of prolonged rain, melting snow or both. The first element leading to a potential Riverine flood is heavy fresh snow in the mountains. A potential flood exists with a weather front with warm winds, usually from the southeast or southwest, along with heavy rainfall following the snow before it has a chance to settle and solidify. Flash Flooding and Surface Flooding: Several factors contribute to flash flooding. The two key elements are rainfall intensity and duration. Topography, soil conditions, urbanization and ground cover also play important roles. In addition, localized surface or "urban" flooding occurs as the result of drainage systems that are incapable of carrying exceptional volumes of snowmelt and heavy rain runoff. The GFW area would be most affected by urban flooding in very localized spots. Histo The City of Federal Way has experienced localized flooding to some degree nearly every year. This event is most likely to occur during "flood season" between the months of October and March when rains are the heaviest. There has been no significant localized flooding or flood damage in recent years. Vulnerabilitv Throughout the City's 18 year history, there has been minimal localized flooding. In these cases, the primary vulnerability has been related to increased traffic accidents and short-term road closures. If the City were to experience many, many days of sustained heavy rains, especially following a significant snow event, effects may be greater, to include property damage, longer- term road closures and possible road damage. In high bank areas, these types of heavy sustained rains could also result in land or mud slides. KC Regional Hazard Mitigation Plan — Federal Way Annex 19 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex KC Regional Hazard Mitigation Plan — Federal Way Annex REV. 02/2010 � Figure 6 I Federal Way Shoreline Master Program Streams, Wetlands �nd Flood PLsin� Ae�..�1 W...d: �.�' SUrIhG� IMa�r 1 W 1'b�r �� ,,,,�„�. �� ❑�� .� � +�r........ ... r�r.rr. anbyaw�r�r� ■r+� iir�s: qId Iw��l'�i li9 � BtWt d� li�� . lhore� �ra�nt ❑ Ptsnlnp 1V�s � Pupel Soind � t�3� � �� 1�..�� v � Fr+e �ar u�r �� Pf} 6eet p7YB IGrdr�Nl� Yd1f9G64 � �'7r� 411Y N . r �iV�et R1� � t iN�spi �iYd by1O7��, �d`�Ylw ■py#t�i6�.►u��o�Y��Mr. Mi �m I��rr wetly��lw/� 2� Regional Hazard Mitigation Plan City of Federal Way Annex IV. Landslide De inition The term landslide refers fo the downward movement of masses of rock and/or soil. Landslides in this area are for the most part masses of soil ranging in volume from just a few feet, to many yards. The rate of travel of a slide can range from a few inches per month to many feet per second, depending on slope, material and water content. Landslides can be initiated by storms, earthquakes, fires, erosion, volcanic eruptions and by human modification of the land. Histo The topography of the Federal Way has historically made the area prone to minor landslides. For the most part these incidents have been in non-residential wooded locations causing little to no damage to properties or nearby roadways. Heavy snowstorms in December 1996 and January 1997 were followed by a warming trend that caused quick melting, runoff, and flooding. This period was then followed by rain. This led to over 100 slides in King County over the subsequent two-month period. Most recently, sliding on a portion of the West hills produced an incident which impacted a nearby roadway. To mitigate further slides in this area, the City included the installation of a soldier pile wall and added drainage in the repair effort. Vulnerabilitv Minor sections of the City are vulnerable to landslides. These areas include those that abut the waterfront and in other smaller areas are near roadways and residential properties. A water treatment center owned by Lakehaven Utility District is located within a designated slide area. 21 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex V. Severe Weather - Winter Storms, Windstorms De tnition Winter storms vary in, size and strength. A storm may be large enough to affect many states or only a portion of a single state. There are three categories of winter storms. Blizzard: The most dangerous of all winter storms. It combines low temperatures, heavy snowfall, and high winds that blow the snow into drifts and reduce visibility to only a few yards. Heavy Snowstorm: Drops four or more inches of snow in a 12-hour period, or six or more inches in a 24-hour period. Again, high winds may accompany the storm, blowing the snow into drifts and causing poor visibility. Ice Storm: Occurs when moisiure falls from clouds and freezes immediately upon impact. This type of storm makes driving, and even walking, extremely hazardous. Windstorms can happen during any time of year. In the Pacific Northwest the most destructive of these storms typically occur between October and March. This type of hazard is an atmospheric disturbance characterized by a strong wind and usually accompanied by rain; snow, sleet, hail and often thunder and lightning. The National Weather Service classifies wind from 38 to 55 MPH as gale force winds; 56 to 74 MPH as storm force winds and any winds over 75 MPH as hurricane force winds. A tornado is a violently rotating column of air, pendant from a cumuliform cloud or underneath a cumuliform cloud, and often (but not always) visible as a funnel cloud. Tornados are the most violent weather phenomena known. Their funnel shaped clouds rotating at velocities of up to 300 miles per hour generally affect areas of 1/4 to 3/4 of a mile wide and seldom more than 16 miles long. Tornados are produced by strong thunderstorms. Such thunderstorms can also produce large damaging hail, heavy amounts of rain, and strong damaging winds. Historv The Federal Way area, like the rest of the Puget Sound area is known for its moderate climate. Snowfall rarely exceeds ten inches in an entire season. The snow that does fall seldom remains on the ground more than a day or two. Chances for accumulation of snow in the event of one severe weather front following another is historically minimal. However, since 1985 and most recently in January 2004 and January 2009 the area has experienced major winter storms that have created significant hazards. The following is a list of storms and dates which became Presidentially declared events in Federal Way. • Winter Storm 12/1992 • Wind Storm 2/1996 • Spring Storm 4/1997 • Wind Storm 12/2006 • Severe Winter Storm 12/2008 • Severe Winter Storm 1/2009 Vulnerabilitv Severe Winter Storms remain the most common reoccurring hazard for the Federal Way area. This type of hazard can result in structural damage and collapse, heavy roadway debris or need for roadway closure, increased traffic accidents and utility outages, all of which can lead to life threats and heavy economic impact. KC Regional Hazard Mitigation Plan — Federal Way Annex • 22 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex VI. Volcano De znition A volcano is a vent in the earth's crust through which molten rock (magma), rock fragments, gases, and ashes are ejected from the earth's interior. A volcano is created when magma erupts onto the surface of the earth. Volcanoes take many forms according to the chemical composition of their magma and the conditions in which the magma is erupted. When magma is erupted it is referred to as lava. Some lava known as `basalts' is hot and fluid. Opposite of basalts are `rhyolites', which are characterized by their inability to flow freely, erupt explosively or form steep domes. Midway in between are `andesites' which are thick, flow slowly, and are mildly explosive. A volcano is commonly said to be "active" when it is in the process of erupting and "dormant" when it is not. Scientists, however, usually use the term "active" to refer to any volcano that has erupted in historic time or is seismically or geothermally active. By this definition Mounts Rainier, Baker, Hood, St. Helens, Adams and Glacier Peak are all active volcanoes. Histo On May 18, 1980, Mt. St. Helens erupted with explosive force killing 57 people. Heavy ash fall blanketed much of Eastern Washington into Northern Idaho and Western Montana. Subsequent eruptions on May 25 and June 12, similarly affected Western Washington and Portland, Oregon, although to a lesser degree. Mount Rainier, at 4393 meters (14,410 feet) the highest peak in the Cascade Range and is a dormant volcano. The written history of Mount Rainier encompasses the period since about A.D. 1820, during which time one or two small eruptions, several small debris avalanches, and many small lahars (debris flows originating on a volcano) have occurred. No historical data exists related to volcanic activity in the Federal Way area. Vulnerabilitv The hazards which accompany a volcanic eruption include ash fall, volcanic gasses, glacial outbursts and accompanying flooding, landslides, lahars and volcanic earthquakes. Geographically, Federal Way is potentially most vulnerable to volcanic activity associated with Mt. Rainier, which is approximately 43 miles SE of the City. Depending on the type and force of the eruption, coupled with wind direction, the City could be exposed to heavy ash fall and volcanic gasses. Ash fall and/or volcanic gasses could result in increased traffic accidents, due to decreased visibility and unexpected road closures. Emergency medical personnel and facilities may be tasked with an increased need for services related to respiratory illness and fatalities. KC Regional Hazard Mitigation Plan — Federal Way Annex 23 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex VII. Fire Urban/Wildland Interface De znition Urban fires in cities or towns involve buildings with potential for spread to adjoining structures. A fire of this nature may be ignited as a result of any one of the following: • Criminal acts (arson, illegal explosive devices, acts of terrorism) . Residential accidents (improper use of electrical appliances, faulty connections, grease fires, smoking, heating appliances or improper disposal of wood ashes). . Industrial accidents (hazardous material incidents, explosions, transportation accidents) • Acts of nature (lightening strikes, earthquake by product) Historv There is no recent history of a urban fire spreading to multiple adjoining facilities. Fires in the area are primarily related to those residential in nature. Vulnerabilitv The urban fire hazard in the Greater Federal Way area involves areas where single family homes, multi-family occupancies and/or older business facilities which are clustered close together, are made of easily ignitable materials and for which no fire sprinkler system has been installed are those structures which would be most vulnerable to this hazard. The FWRC incorporates both the 2006 International Fire Code and amendments and the 2006 International Building Code and amendments related to fire detection devices, fire sprinkler installation and fire-resistant construction. The FWRC also prohibits open burning. Vulnerability will be increased even in newer construction in hazazd events, such as an earthquake of sizeable magnitude, where the water supply has been compromised. KC Regional Hazard Mitigation Plan — Federal Way Annex 24 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex VIII. Tsunami / Seiche De anition A tsunami is a series of giant ocean waves produced by a major underwater or coastline disturbance such as an earthquake, volcanic eruption or landslide. A series of waves sometimes lasts several hours, with 20 or 30 minutes between waves. Tsunamis can occur in all oceans, but they are most common in the Pacific. A tsunami can travel at speeds of up to 500 miles per hour. The waves appear to be normal ocean waves until they approach the coastline, where a gigantic wall of water can build on the ocean surface. Tsunamis reaching heights of more than 100 feet have been recorded. Historv On average, the west coast of the United States experiences a damaging tsunami every 18 years or so. Geologic evidence shows that the King County region has experienced both Tsunamis and seiches. The risk of a tsunami or seiche in the Federal Way area is minimal and no historical records indicate any greater risk to the Federal Way area when compared to the rest of the South Puget Sound region. Vulnerabilitv Normally caused by earthquake activity, tsunamis can affect harbors, bays, rivers, and canals. Either a large subduction zone quake off the coast or along the Seattle fault could produce a tsunami. In the case of a subduction zone quake, a tsunami would travel from the coast through the Straight of Juan de Fuca into Puget Sound, and then south to Seattle. Because of the shielding effects of the Olympic Peninsula and the islands in Puget Sound, the tsunami expected from a magnitude 8.5 quake would be less than 2 feet high when it arrived at Seattle's shores, having lost much of its' velocity. While property along the shoreline of Federal Way could be exposed to this hazard, the 2 feet estimate would pose no serious danger to those properties. Other areas of the City are unlikely to experience any impact from this hazard. KC Regional Hazard Mitigation Plan — Federal Way Annex 25 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex IX. HAZMAT De anition Hazardous materials may be explosive, flaminable, combustible, corrosive, reactive, poisonous, biological or radioactive, as well as solid, liquid or gaseous, all of which can pose a significant threat to life and property. Hazardous material events are most often related to transportation accidents or chemical accidents in production, research and or manufacturing plants however the threat of a terrorist-related release of chemicals is also a possibility as is the release of toxic fumes related to methamphetamine explosions. Hazards can occur during production, storage, transportation, use, or disposal. Hazardous materials in various forms can cause death, serious injury, long-lasting health effects, and damage to buildings, homes, and other property. Many products containing hazardous chemicals are used and stored in homes routinely. These products are also shipped daily on the nation's highways, railroads, waterways, and pipelines. Histo There have been no large-scale hazardous material events in the City's history. Most reported incidents involve small-scale spills or purposeful dumping of chemical or liquid type hazards. Vulnerabilitv The most likely vulnerabilities for hazardous materials incidents include exposure to any one of the following: • Transportation incident — Both Interstate 5 and State Highway 18 run through the eastern sections of the city. • Gas pipeline rupture or failure — The Olympic pipeline, which transports petroleum-based liquids including gasoline, diesel fuel and jet fuel, runs through eastern portions of the City. • Chemical spilUrelease — the City's southern boarder could be exposed to an incident occurring within the Port of Tacoma area, depending on wind direction at the time of the incident. • The City's shoreline is also vulnerable to chemical spills involving ship transport within the South Puget Sound area. • Soil and water contamination from any one of the incidents noted above could also have a negative affect on nearby areas of the City. KC Regional Hazard Mitigation Plan — Federal Way Annex 26 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Anneg Hazard Capabilities Capability Drought Earthquake Flood Landslide Severe Volcano Fire Tsunami HAZMAT Airline Heat Storms Seiche Accident FW CEMP X X X X X X X X X X Code Red Emg Notification X X X X X X X X X X Emg Info Web Pages X X X X X X X X X Emergency Shelter X X X X X 2006 WA St. Building Code X X X X 2006 InYI Building Code X X X X InYI Fire Code X X X NFPA Standards X X X South King Fire & Rescue SARA X X X Title III MDS NFIP X KC SW Design Manual X X X KC Flood Map X F'W Slide Map X Hot-Spot Urban Flood List X NaYI Weather Service X X X X X USGS X X X Federal Air Regulations X Carrier-Specific Emergency X Procedures KC Regional Hazard Mitigation Plan — Federal Way Annex 27 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex 2009 Mitigation Strategies & Prioritv Levels The 2009 Federal Way Annex will focus hazard mitigation initiatives on those hazards which received a"High" or "Medium" probability of occurrence as noted within the City's Hazard Identification and Vulnerability Assessment Table (HIVA Table). The City plans to place further focus on hazards receiving a"Low" probability within the 2014 plan review. Additionally, the hazard "Flooding" refers to localized urban flooding within the City of Federal Way. Initiatives Mitigation initiatives were developed to support the Regional Hazard Mitigation Goals and Objectives. Each mitigation initiative was given a priority level of low, medium or high based on benefit-cost review, using recommended models as provided within the FEMA "How-To Guide: Using Benefit-Cost Review in Mitigation Planning." High priority levels were given to mitigation initiatives that have high benefit cost ratio and committed funding or high chance of receiving funding. Medium priority levels were given to mitigation initiatives that have high benefit cost ratio with low-medium chance of funding. Low priority levels were given to mitigation initiatives that have low benefit cost ratio and low chance of funding. Initiatives Prioritv Table Initiative BCR Funding Probability Priority 1. Public education related to wide-spread utility 18 High High outa es 2. Public awareness campaign to encourage earth uake hazard miti ation actions 9 High High 3. Create SARA EPCRA Tier II HAZMAT Facilities 479 High High ma for use in EOC 4. Determine & complete retrofit plan to eliminate the potential of localized flooding related to 44`�' Ave 8 Medium Low SW ond 5. Site-hardening of all City facilities 5 High Medium 6. Install GPS system to aid in resource allocation & 4 Low Low trackin durin an emer enc event Descriptions and associated BCR information may be found on the following pages. KC Regional Hazard Mitigation Plan — Federal Way Annex 28 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Regional Hazard Mitigation Plan of King County - Initiatives Jurisdiction Agency: City of Federal Way, Initiative 1 Type of Hazard: Severe Storm/IJtility Outage Category: Increase Public Awareness Priority: HIGH Plan Adoption # (tracking #) Brief Description of Project: Provide timely information regarding mitigation measures the public can take before/during/after a lengthy utility outage using a variety of inedium including City web pages, local newspaper articles and public education seminars. Rationale for project: Federal Way experiences utility outages primarily during the winter storm season. Depending on the length of the outage, injuries and property damage can occur due to alternate heating sources, improper turn-off/on of utility mains, etc. Keeping the public informed of precautionary measures can help mitigate injuries and damage. RHMP Goals: Increase Public Awareness Lead Jurisdiction: City of Federal Way Participating Jurisdictions: Puget Sound Energy Cost of Project: $1000 RHMP Objectives: Enhance public knowledge of hazards and potential impacts Estimated time period implemented: annually once per quarter Funding Sources: employee time currently funded City funds as available for printing cost Source and Date: Unknown Adoptive date and/or Ordinance # In future Matching % Primary Secondary Tertiary Status: BCR: 18 KC Regional Hazard Mitigation Plan — Federal Way Annex 29 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Benefit/Cost Review Mitigation Action: Offer public education opuortunities related to wide-spread utility outages to reduce the uotential for iniuries and uronertv dama�e. Review Tool 1— Measuring Vulnerability Before & After Miti ation Vulnerabili Before Action After Action Difference Number of people Any homeowner or Same as before but Less impact affected tenant less may experience im act Number of ro erties 20 2 18 Property Damage ($) $20,000* each year $2,000 each year $18,000 each ye� Loss of Use 6 homes each year 3 homes each year 3 homes Loss of Life (#) 1 everv 5 vears 1 everv 10 vears Reduced bv half * assumes $1,000 per home Review Tool 2 — Benefits Risk Reduction An educated property owner is less likely to experience damages or injury associated with utili outages. Associated Community Goals Less emergency occurrences result in less deployment of emergency resources resulting in overall emergency response improvement. Ease of Implementation Material content and speakers are already available, easy to im lement. Ease of Funding Costs are based on current employee time w/minor printing ex ense. Political/Social Acceptance When similar seminars were offered in the past high participation was ex erienced indicatin a ositive citizen res onse. Review Too13 — Costs Materials/Seminar Facilitators/Class Facilities The majority of costs are already funded FTE man hours, resulting in minimal new outlay for Cost: Benefit: BCR: $1,000 $18,000 18 KC Regional Hazard Mitigation Plan — Federal Way Annex 30 REV.02/2010 � Regional Hazard Mitigation Plan City of Federal Way Annex Regional Hazard Mitigation Plan of King County - Initiatives Jurisdiction Agency: City of Federal Way, Initiative 2 Type of Hazard: Earthquake Category: Increase Public Awareness Priority: HIGH Plan Adoption # (tracking #) Brief Description of Project: Encourage resident and business earthquake hazard mitigation actions through a unified public awareness campaign sponsored by City Emergency Management, South King Fire and Rescue, Federal Way Public Schools, Lakehaven Utility District and local home improvement stores. Rationale for project: A major contributor toward earthquake injuries and property damage is the result of unanchored, heavy objects falling, even during lower magnitude earthquakes. By encouraging public mitigation efforts, injuries and damages may be minimized. RHMP Goals: Increase Public Awareness Lead Jurisdiction: City of Federal Way Participating Jurisdictions: Cost of Project: $4,000 Estimated time period implemented: 2010 - 2012 RHMP Objectives: Enhance public knowledge of hazards, potential impacts and mitigation actions. Funding Sources: employee time currently funded Matching % City funds as available for campaign materials Primary Secondary Tertiary Source and Date: Unknown Adoptive date and/or Ordinance # In future Status: . . . KC Regional Hazard Mitigation Plan — Federal Way Annex 31 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Benefit/Cost Review Mitigation Action: Encourage resident and business earthquake hazard mitigation actions through a unified public awareness camqaign. Review Tool 1— Measuring Vulnerability Before & After Miti ation Vulnerabili Before Action After Action Difference Number of people Any homeowner or Same as before but Less impact affected tenant less may experience Number of Loss of Life * assumes $500 per home Review Tool 2 — Benefits 100 $50,000* every 2 1 everv 20 vears 25 75 $12,500 very 2 yrs $37,500 every 2 1 everv 10 vears Reduced bv half Risk Reduction By taking basic earthquake hazard mitigation steps, such the anchoring of heavy furniture, the risk of damage or injury can be reduced. Associated Community Goals The offering of free education seminars and demonstrations augments the City's mission to be a community-based service or anization. Ease of Implementation Material content and speakers are already available, easy to implement. Ease of Funding Costs are based on current employee time w/minor advertising and rintin costs PoliticaUSocial Acceptance When similar seminars were offered in the past high participation was ex erienced indicatin a ositive citizen res onse. Review Too13 — Costs Materials/Seminar Facilitators/Class Facilities The majority of costs are already funded FTE man hours, resulting in minimal cost to Cost: Benefit: BCR: $4,000 $37,500 9 KC Regional Hazard Mitigation Plan — Federal Way Annex 32 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Regional Hazard Mitigation Plan of King County - Initiatives Jurisdiction Agency: City of Federal Way, Initiative 3 Type of Hazard: Hazmat Category: Enhance Planning Activities Priority: HIGH Plan Adoption # (tracking #) Brief Description of Project: Create an EPCRA Tier II facilities map. Rationale for project: The map will assist in quickly identifying these locations during emergencies, increasing our ability to forewarn emergency professional and volunteer responders of the potential hazard. The map will also provide critical information necessary to determine the need to evacuate affected areas in order to minimize injuries and fatalities. RHMP Goals: Enhance Planning Activities Lead Jurisdiction: City of Federal Way Participating Jurisdictions: Cost of Project: $4,800 Estimated time period implemented: 2010 - 2012 Funding Sources: Currently funded Source and Date: Unknown Adoptive date and/or Ordinance # In future RHMP Objectives: Improve hazard assessment & resources and improve emergency warning capability Matching % Primary Secondary Tertiary Status: BCR: 479 KC Regional Hazard Mitigation Plan — Federal Way Annex 33 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex , _J Benefit/Cost Review Mitigation Action: Create an EPCRA Tier II facilities man. Review Tool 1 — T Vulnerability Number of people affected Loss of Life ; Vulnerability Before & After Mitigation Before Action After Action Difference Citizens w/in Same as before but Less impact proximity to Tier II less may experience facilities as well as impact 1 � .3 million Review Too12 — Benefits Risk Reduction Having an EPCRA Tier II map during emergency operations may reduce a loss of life by prompting early citizen evacuation measures or advance emer ency res onse worker warnings. Associated Community Goals Increases the safety of citizens and emergency workers during times of disaster. Ease of Implementation A list of facilities is already available and a creation of an accom an in ma is eas to im lement. Ease of Fundin The effort involves only staff time, which is currently funded. Review Too13 — Costs Man Hours Currently funded throu h City Cost: $4,800 Benefit: $2.3 million BCR: 479 KC Regional Hazard Mitigation Plan — Federal Way Annex REV. 02/2010 34 Regional Hazard Mitigation Plan City of Federal Way Annex Regional Hazard Mitigation Plan of King County - Initiatives Jurisdiction Agency: City of Federal Way, Initiative 4 Type of Hazard: Localized Urban Flooding Category: Protect Life & Property Priority: MEDIUM Plan Adoption # (tracking #) Brief Description of Project: Determine a retrofit plan to eliminate possible localized flooding in the 44 Ave SW Pond area and complete necessary repairs. Rationale for project: Reduce the threat of localized flooding to properties located within potential localized flooding area which saves residents the burden of related repair costs. RHMP Goals: Protect Life & Property Lead Jurisdiction: City of Federal Way Participating Jurisdictions: Cost of Project: $15,000 Estimated time period implemented: 2010 - 2012 Funding Sources: City funds and/or grant funding as available Source and Date: Unknown Adoptive date and/or Ordinance # In future RHMP Objectives: Implement cost- effective activities in an effort to make assets more resistant to impacts of localized flooding. Matching % Primary Secondary Tertiary Status: BCR: 8 KC Regional Hazard Mitigation Plan — Federal Way Annex 35 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Benefit/Cost Review Mitigation Action: Review 44 Ave SW pond to determine retrofit options to eliminate the potential of localized flooding and comUlete repairs as appropriate. Vulnerability Before Action After Action Difference Number of properties 6 0 Less impact affected Propert Damage ($) $120,000* $0 $120,000 * assumes $20,000 per property if pond water tlooded due to signiticant rain and or heavy snow/ice thaw Review Tool 2 — Benefits Risk Reduction By installing a new outlet to the pond, the possibility of significant localized floodin is reduced. . Associated Community Goals Protection of ublic infrastructure Ease of Im lementation Work can be accom lished b Ci maintenance crews Ease of Funding Funds may be available in the maintenance budget, depending on riori . Review Too13 — Costs Man hours + Retrofit Materials Cost: $15,000 Benefit: $120,000 BCR: 8 Maintenance crews are already funded, primary cost is related to retrofit materials reauired for the new outlet. KC Regional Hazard Mitigation Plan — Federal Way Annex 36 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Regional Hazard Mitigation Plan of King County - Initiatives Jurisdiction Agency: City of Federal Way, Initiative 5 Type of Hazard: Earthquake Category: Protect Life & Property Priority: HIGH Plan Adoption # (tracking #) Brief Description of Project: Complete site-hardening of all City facilities to minimize injuries and property damage related to earthquakes. Rationale for project: By taking steps to secure equipment, furnishings and decorations within City facilities, injuries occurring as a result of falling objects can be reduced during earthquakes. These measures will also help minimize possible damage to equipment used to provide essential services that may otherwise be compromised if left unsecured. RHMP Goals: Protect Life & Property Lead Jurisdiction: City of Federal Way Participating Jurisdictions: Cost of Project: $1,000 Estimated time period implemented: 4 months Funding Sources: City funds Source and Date: Unknown Adoptive date and/or Ordinance # In future RHMP Objectives: Protect lives & property by making community assets more resistant & to maintain essential services and infrastructure during disaster Matching % Primary Secondary Tertiary Status: I' ' " KC Regional Hazard Mitigation Plan — Federal Way Annex 37 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Benefit/Cost Review Mitigation Action: Comqlete site-hardening of all City facilities to minimize in_iuries and prouertv dama�e related to earthquakes. Vulnerability Before Action After Action Difference Number of people Employee injury Same as before but Less impact affected caused by unsecured less may experience equipment and or impact furnishings. Injury to person/s (#) 1 every 5 years 0 $5,000 in related medical ex ense Review Too12 - Benefits Risk Reduction By taking steps to secure equipment, furnishings and decorations within City facilities, injuries occurring as a result of falling objects can be reduced during earthquakes. These measures will also help ensure that the City is able to continue to offer services that may otherwise be com romised if dama ed. Associated Communi Goals Protects City em lo ees and visitors Ease of Implementation The City already has a system in place through the Safety Committee that will assist in identifying items requiring attention and alread staffs facilities ersonnel to erform the work. Ease of Funding Costs are minimal as much of the hardware used to perform the work are already on-hand and the City currently staffs employees to accomplish the work. Review Too13 - Costs Hardare/Manpower Cost: Benefit: BCR: $1,000 $5,000 5 Some added hardware may need to be nurchased. but the cost is likelv minimal KC Regional Hazard Mitigation Plan — Federal Way Annex 38 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Regional Hazard Mitigation Plan of King County - Initiatives Jurisdiction Agency: City of Federal Way, Initiative 6 Type of Hazard: All Hazard Category: Support Emergency Services Priority: Low Plan Adoption # (tracking #) Brief Description of Project: The system will provide "real time" location of equipment (resources) during an emergency event such as severe winter storms and also status including: vehicle ninning, air bags deployed and fuel depending upon vehicle, using GPS equipment. This will also include hardware and software at City Hall and the Maintenance Department to track and deploy the equipment/resources. Rationale for project: Communications, including knowing the• location and status of resources is essential for timely response to any emergency and for assisting with protecting essential infrastructure. This system can also be used by the field crews to report & track any emergency they may encounter during the course of the emergency. RHMP Goals: Support Emergency Services RHMP Objectives: Strengthen and support emergency response efforts Lead Jurisdiction: City of Federal Way Participating Jurisdictions: Cost of Project: $120,000 (20 vehicles @$5,000 plus $10,000 per base) plus $500 per year. Estimated time period implemented: At least 5 years if grants are available. Funding Sources: Unfunded, will look at grants and City funds as available Matching % Primary Secondary Tertiary Source and Date: Unknown at this time. Adoptive date and/or Ordinance # In future Status: BCR: 4 KC Regional Hazard Mitigation Plan — Federal Way Annex 39 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Benefit/Cost Review Mitigation Action: Using GPS equipment, urovide "real time" location of equipment (resources) durin� an emergencv event to aid in more efficient deplovment and trackin�. Vulnerability Before Action After Action Difference Number of people All residents Same as before but Less impact affected less may experience im act Loss of Life (#) 1 eve 5 ears 0 $460,000 * assumes $2.3 million per lite saved/5 years Review Too12 — Benefits Risk Reduction Knowing the location and status of resources is essential for timely res onse which could reduce the life safety risk Associated Community Goals Allows for faster response time. Ease of Implementation Once equipment is purchased, it will be necessary to train em loyees on correct use during emergenc situations Ease of Funding Currently funding is not available, however a staggered im lementation over 5 ears will im rove availabilit Review Too13 — Costs Equipment & training time Unfunded Cost: $120,000 Benefit: $460,000 BCR: 4 KC Regional Hazard Mitigation Plan — Federal Way Annex 40 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Re�ional Hazard Mitigation Plan Adoption Resolutions and Sunuort Documents • Attachment A— RHMP Working Group Meeting 1 • Attachment B— RHMP Working Group Meeting 2 • Attachment C— Parks, Recreation, Human Services, Public Safety Committee; Request for Authorization of Continuance in Regional Hazard Mitigation Plan Participation & Revision Process & Move to Council • Attachment D— Parks, Recreation, Human Services, Public Safety Committee; Request to Adopt Revised Plan and Move to Council • Attachment E— City Council Meeting - Request for Authorization of Continuance in Regional Hazard Mitigation Plan Participation & Revision Process • Attachment F— City Council Meeting - Resolution for Adoption of Revised Plan, pending FEMA approval • Attachment G— Press Release/Invitation for Public Comment • Attachment H— Federal Way Emergency Management Web Page KC Regional Hazard Mitigation Plan — Federal Way Annex 41 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Attachment A Regional Hazard Mitigation Plan Working Group Meeting i 6/25/2009 Review Team: Marwan Salloum — FW Deputy Director Public Works, Ken Miller - FW Deputy Director Public Works, Will Appleton — FW Surface Water Division Manager, Ray Gross — FW Emergency Management Coordinator, Mary Hobday — FW Emergency Management Specialist 1. Review of Regional Hazard Mitigation Purpose & Strategy Ms. Hobday distributed copies of the KC RHMP Purpose and Strategy. 2. 2009 Revision Timeline Ms. Hobday reiterated to the group that RHMPs are on a 5-year rivision cycle. She shared the timeline and to- do lists that were distributed at the King County Regional meeting as well as the City's timeline requirement in order to meet the County's target date. 3. Review of COFW 2003 mitigation strategy and initiatives Copies of the 2003 Initiatives were provided. Each member of the team talked about the progress that was made for those initiatives falling within their area of responsibility: Ms. Hobday requested that each person send a short progress report narrative to her via e-mail for inclusion in the 2009 Annex. 4. Review of current Regional hazards and discussion of local variances The group noted that the City's HIVA indicators of probability and impact differed from some of the hazard indicators in the Regional list. Differences should be included in the revised plan. 5. Identification of Repetitive Loss Properties The group was not aware of any repetitive loss properties related to flood hazards. Further research will be done by Mary Hobday to confirm. 6. RHMP plan relationship to other City plans/processes The group discussed appropriate venues that held a stake toward increasing hazard mitigation efforts. The group noted that all three City Committees should be given a copy of the plan as these Committees touch each and every project the City considers for approval. As a result, a copy of the approved RHMP will be distributed to these Committees along with a cover letter asking for them to add hazard rr�itigation to their list of considerations when electing to approve or deny projects. 7. Next Meeting The next meeting was scheduled for July 8, 2009 KC Regional Hazard Mitigation Plan — Federal Way Annex 42 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Attachment B Regional Hazard Mitigation Plan Working Group 7/08/2009 Meeting 2 Review Team: Marwan Salloum, Ken Miller, Will Appleton, Ray Gross, Mary Hobday Present: Ken Miller, Will Appleton, Ray Gross, Mary Hobday 1. Review Mitigation Strategy & identify desired changes The group reviewed the updated strategy narrative and agreed on recommended changes. 2. Use of FEMA How-To Guide: Benefit-Cost Review methods 3. The FEMA guidelines for Benefit-Cost Reviews were discussed and the group will incorporate suggested methods when assessing the soundness and priority of initiatives. 4. Discuss and determine 2009 mitigation initiatives The group discussed possible initiatives related to hazards within the City and agreed on the attached outcomes. In identifying the initiatives, the group decided to focus efforts on those hazards which received a"moderate" or "high" probability of occurrence within the City as stated in the CEMP HIVA Table. 5. Task assignment and timeline The identified initiatives were divided among the team members as appropriate. Ms. Hobday reminded each of the importance of using the FEMA Benefit-Cost Review guidelines and asked that final drafts be sent for proofing & editing if needed and inclusion in the 2009 revised Annex pages. 6. Meeting adjourned KC Regional Hazard Mitigation Plan — Federal Way Annex 43 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Attachment C— Parks, Recreation, Human Services, Public Safety Committee Briefing for Request to continue Participation crrYOatTr�Ga ' rAltitB, BF+CIlEATIOiN, HIIMAN SE�VIC�B � lU�1�C SAF�'IY t�OqIQMn7TE8 I7ti�nd�Y�luly lA 2009 Gtitlr Nril ', 5:30 p,m. 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[�rendl AlCwbe►dfp�a�a B4rb�+R �' SYs�e � l�r8�r D�Fndpr �t M�,/6�r Pa�+�tlP ltr�y.,5�sdo�a, �r6�isameMa d�t ll � A[rw6�r,1[te�t �rnt ?33-�3S-6dap1 KC Regional Hazard Mitigation Plan — Federal Way Annex 44 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Attachment D— Parks, Recreation, Human Services, Public Safety Committee Request to Adopt Revised Plan and Move to Council City af Fe�erat Wsy Cx"CY' C7tSLti�tCII, 1��►.RK&, R�G'R�A'I7UF�T, SCtMAI� $EAVI�EB �a PIJ$LIt; $�#F'E'M"Y' C�OA�II1�T"jT.E Tue�rds�. A�t 12 � 2QQd9 �Y � 5:30 p.�n. HylGba� Gau�+enoe Ra�a�rit E r • •:4• �M• 1. �:A •I' • It :w •" �! IF: �• •11 �1:.1 ' • it �!M' � , t f 1 I +1 t 1 Adf4� fio P�ael�tar or IaTo A. Regia�tl H� Mati,�atiwa Pt�n Adagti� �TY �' a�Ar�cxaer Hnbd�y 8, Crirninel Cd�l� IJ�ds�he Richard�on 33 cwn � f. PENDINC� Il'BIt�S • Feetival� • NLC �tovid�g Diaootazt Pl�mrcy 3ervices �D � . C7wyoept o�t�[ausing a� � l�g Cm�nty • Ma�atainm� the i�erikh af i� m tha GSRy — rnlatimp, to i�vs�tt� epecid: peut�uVu'�r E�1Lilt I�7 7, MB.7LT A�i6EZ'AYC,r — Ta�d�ty S!�dMmber 9, ]009 5.36pm — Hyl�bo� Camtere�ae Ba�m 8. ADJCIU[iHIvffi25TT ��D9 s� C�i dle�6� J+� �an#► l:arY l�ar, FRCCS DMtnec+rarr C.am�ncftA/�.1fia Fasra�l# AlatyJca�MfOr, �.bm�aantA Co�n�l Al�aw6n' Aft�clie�l P',�k 133�t3J•Q9rJl : E KC Regional Hazard Mitigation Plan — Federal Way Annex 45 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Attachment E— City Council Meeting — Request for Authorization of Continuance in Regional Hazard Mitigation Plan Participation & Revision Process = i:l"_ �t-�_ t : t� YMI(JTEB FEDER�IL WAY C111f COUN+C� REGUL�IR IIEETM�G Caundt Charabas - Cfl�► ktall .lI�LY 21 � Z009 ��y�� 1. +C�It.L iEETNO T�d CRDER Ms�ar po�► a�ed utie n�ea�p b a�deR a�t r.a2 psn+. S�r�n�snbwa P�a�nt IIY�yorJack DweY.17�Pu�J►IAs'!� E�iC f�1. Jim FMrs�, l.Inde l40drnar. l�iae Park. Jeae� EMrbCdQei s�d Dini OurAa. $1� pAf�llt MN�At11 �11�' �IIf111A�1�G11. �1 �Id0111�1` P�t �IBI�111 � f� CI�I[ t'iw0111A6t+IBiy. 2. PLEQOE OF ALLEaUU10E 8ar6e�e fiead lad i�e pbdQs d a�egMn�a �. PR'E3�F11'A1'101l� �� Thr pqr C;o�u� ps�d s a�M of ap�pw�ala�an b�,r Eids ibr her aAa� b p� 8eneie gIR d5413 ragaidrrg bak-a-�aa weapan pana�ae. ifis afoa�in�1 t�F f5 nt�ort dOM�e� IOr k111riqtuC�tp �Ifp!IQVQ1qtNa �Id y1! i�OO�Q�M O� � kM"1�10 FlUd01i111�1Tpy CO�IiD1110r7M Pi�lfdlirl�lqlll�. �1Mt � t`.OIr1C� pMN�d � C�A�O� 4� i�C�f�Ofl b I�IrlM1h11Y� �� hli sy�porl af 8ensls ��' t�at i�oaesed t�e �e6t i� far Uis W�ehi►tpidl Mowilla Finanaa� Co+�ni�eia�►. t�lnuse B■ 233i Y�at eaeleled �tr�{as w� housY�y diarts. etc! ri� epp�a�l of �Irs L1FT Progr�. Ths Cil�I [3aund p�een�9�d o aartliaeAa d ePP� b I�epre�►anlal�s Pnieit �o► Ns �Nals b� �11Qe�tu► h fur�np bsd�lroast�ic ie�r�saitihe� hlrrdnn�. ii.3 m�on tn turdlnp fro� Imp�ovwre� Ia Pao�c F�Mplw�ya�d hMp � n�p �e�Me�luaa I�ea in,�s aurandinQ Fsda�d wag. +. � � �. � �.� . � :� rMIMi111(�ji AU11/Q�f Bfhll W i�Ofl a11�1�d 01MM YMI�P! 1!o MII�f�i� i1�11ls oP MMM �, G1�►C.�uGi Ii611YifY -I�Y�RI. 7009 �dt iLMitiil� !'� i d3� KC Regional Hazard Mitigation Plan — Federal Way Annex 46 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex 4�� @�hr Tevkx aek�d Ut� f�t}r {�unr,� b aonaider {�lty i�uurw�i rti�irw�. John A�ad�klra ,�d hes I�as t,�n r��ie ccrde � txy tl�a d�l aome a� v� tie haa �oit�en b c�ou�t Fle ieei� if� wlola�ans �ae ut�fair and er�apad �re �ou� b rs�w�alueiie it�a+L�yr �od�. �. ._ c� . .. .. .. � ��.� ��, - - - . • a• �•�. -� - r �� a. •�- � t� � �i � �" � - � -, r • 4'; � • = � ► i� _ M ri' i � 'r i�C�iK�N: Deput�r Yayor FrAlron rttowYd #RF� d` the RaOnt�nt A�tx�. �nw�r�r 1Ga�ahn�r siaond. ifOTE: Y�tio�o �ni�l i"•Q. 8. C�tlNt:�. R�RTS . �Cwnc�mernbar r�meat �rn�aur�aea �e ivwer� amu�l s�1r� sskas wras ,fui� 14. 2t'Id�. Fi� s�ernlad a�OUr of� F1ar�aan [�m �onck�cEedl�rthaAn�y' Carp �rtErqlrnaeHSlrat tocused ai u� e�ur�r �e Mnd aneii�g, er� [5�n a� �ne paier�l�l rar 1�a�ng h nrew vdusy. �clirR►�rn6wr IG�#�r�r reporiod fF�at rmp trra�m 1he t;f�t woukl b�9 aNenditp m�m�t trat�9np ar� tl� �a�d �t 8ha �ndad a rtwatlnp +rd� SCA #rrd 1GIrg t�o�y Rsprs�n�iiw� 10 dis�aua a#�D rnl�ian do�sr �.'�kre �d LU'i'C � k Aqpr.�t �. �, G�ndk�er Burbldpe at6endad a South Coun�r Ar� Trarr�pateNon �d m��k focu+Red o� lundt�p cipticrn� �r �r�Mt . Caundlrrrdmb�er Paric raporGrd ih� na�t F�C m�st�g I� Je�fj� 28. �. N� w111 bf a�larxllr�p �n upaominq Fidopiorkai Law �� Ju�ifc� �naatlnp. The Fedenal W�►Cfiamb+� aF �Cam� is a f�m f� Kir� Covnt�r E�aewive c�ndidsi�s an .Muy 28'"� �. f�epn�y IVllsytsr Faier»t �rl ntr ra�t He �equa�t�w! f�e G'�d aonduat a Publlm HM� an M�tlstlws t033 and krr�s�r � weir poeiYorr on iM iEem. �hy tso�► �- �ni�r ��, art� Pa�s x+ai s KC Regional Hazard Mitigation Plan — Federal Way Annex 47 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Attachment F— City Council Meeting - Resolution for Adoption of Revised Regional Hazard Mitigation Plan, pending FEMA aperoval RESOLUTION NO. 09-559 A RESOLUTION of t6e City Conncil of the City of Federal Way, Washington, authorizing continued participation in t6e King Coanty Regional Hazard Mitigation Plsin. WHEREAS, the City Council approved continuation in the Regional Hazard Mitigation Plan of King County through the signing of the County's Signature of Intent Form at the July 21, 2009 City Council Meeting in recognition of its wlnerability to natwal, technological and man- made disasters and its commitment toward minimizing the effects of such disasters upon the community; and WHEREAS, FEMA requires City adoption of revised plans through public Resolution; and WHEREAS, All Regional Hazard Mitigation Plans must also be approved by FEMA, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The City Council of Federal Way hereby approves adoption of the revised plan, attached hereto as Exhibit A, upon the approval of the revised plan by FEMA. Section 2. 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 c:onstitutionality of any other sec:tion, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution inc]uding, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Resolution No. 09-559 pe8e � of zs KC Regional Hazard Mitigation Plan — Federal Way Annex REV. 02/2010 48 Regional Hazard Mitigation Plan City of Federal Way Annex Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5 . Effective Date This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this I S day of September, 2009. CITY OF FEDERAL AY R, J K VEY ATTEST: �i�' C � �CCf'1 � e. Q.C�I.I—� cri•v CLERK, CAROL�MCNEI , MC APPROVED AS TO FORM: �� CITY ATTORNEY, PATRICIA A. RICNARDSON FILED WITH THE CI7'Y CLERK: 9-8-2009 PASSED BY THE CITY COUNCIL: 9-15-2009 RESOLUTION NO.: 09-559 Resolutron No. 09-559 Page 2 oj28 KC Regional Hazard Mitigation Plan — Federal Way Annex REV. 02/2010 49 Regional Hazard Mitigation Plan City of Federal Way Annex Attachment G— Press Release/Invitation for Public Comment ` :�- FOR IMMEDIATE RELEASE August 6, 2009 MEDIA CONTACTS Linda Farmer, APR Communications & Gov. Affairs Mgr. 253.835.2411 or 253.261.1211 Mary Hobday Emergency Management Specialist 253.835.2704 Comment sought on City's updated Regional Hazard Mitigation Plan The City of Federal Way Emergency Management division is seeking citizen comment on the updated City portion of the Regional Hazard Mitigation Plan of King County. The City originally adopted the regional plan in 2003 and is now going through a federally mandated five- year update. The plan can be found at www.cityoffederalway.com/prepare. The comment period is open until Sept. 20. Comments should be sent to FWEM@cityoffederalway.com. CITY OF Federal Way KC Regional Hazard Mitigation Plan — Federal Way Annex 50 REV. 02/2010 Regional Hazard Mitigation Plan City of Federal Way Annex Attachment H— Federal Way Emergency Management Web Page t;ity oi hedera! way - bmergency Mangement Page 1 CISY pF u � ��Ca� IJ�a� _'� . �� . r . , � w Your City Services �1 ." �" "� �r +�r Emptovment 8 Votunteerism +�ta Directory of Services +�p► Police Services �J► Municipal Court �e Ptanning,. Permits @ Licensine +t�r L4 Recreational Servic�s �C'a► � Park Services � � Cuttural Services +I�r Human Services +ta► �urfac� Water Mana.geme�r t �i Recvcline & GarbaQe � Streets & Traffic +v C�y Code tt Ordinances +t3► � Proiects fr Construdion � � Ma�oina Services +�C�► Federal Way Television �r Cable Discount � Emergency Management :: Emer�encv Information and Notices :: �_E_�T .� :: Gettina Informed :: Ptan for Emergencies :: Assemble a Disaster Kit :: Effectively Shelter :: 5peciat Needs � n rn :: Care for Pets :: Volunteer Emergencv The City's Emergency Management Office �` �' works with neighboring organizations to - prepare the Greater Federal Way community ~� for disasters through public education, training, planning and building interagency cooperation. The Greater Federal Way Emergency Operations Center (GFW EOC) is activated wheneVer necessary to coordinate and facilitate resources to minimize the impact of emergencies and disasters on people, property and the environment. We want to hear from you! Take the Emergency Preparedness Survey by clicking the link below. Emergency Preparedness Survey Survey available through August 31st only! Regional Hazard Mitigation Plan In 2003, King County developed its first Regional Hazard Mitigation Plan (RHMP) in partnership with participating cities, school districts, utility districts and emergency service providers. Approximately 29 jurisdictions, including the City of Federal Way, participated in the creation of the initial document. This plan was submitted to Washington State Emergency Management in January 2004, before being reviewed by the Federal Emergency Management Agency (FEMA) who approved it on June 8, 2004. As required by law, King County and partner jurisdictions are undertaking a 5-year update of the RHMP and are soliciting public input. County government is the lead agency for updating the Basic Plan, which is linked below in its current approved form. The proposed revised Federal Way Annex is also posted for review. Comments regarding the City Annex pages can be e-mailed to FWEMCa�cityoffederalway. com • � ftegional.Hazard Mitiqation Plan • �j RHMP Federal Way Annex KC Regional Hazard Mitigation Plan — Federal Way Annex 51 REV. 02/2010 � � `��;��v� . . COUNCIL MEETING DATE: March 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: AWARD HONDA POLICE MOTORCYCLE BID TO SOUTH BOUND HONDA POLICY QiTESTION Should the City of Federal Way City Council approve and award the bid Soz�th Bound Honda? COMIVIITTEE: PRHSPS CATEGORY: X Consent ❑ City Council Business ■ � Ordinance Resolution MEET'ING DAT'E March 09, 2010 ❑ Public Hearing ❑ Other STAFF REPOR'r BY: Chief Andy Hwang DEPT: Police ....................................................._......_....................................................................................................................................._.........._..._..._..................._.._._........................._. ._........................................_.......................�__........__............._..._.............................._....._....._...... Attachments: • South Bound Honda of Lakewood bid • Hinshaw's Honda of Auburn bid • City of Federal way RFQ Options Considered: 1. Accept the Honda ST 1300PA9 Police Motarcycle South Sound Honda Bid. 2. Reject the South Sound Honda Bid STAFF RECOMMENDATION Staff Recommend Optio 1 _ . � . _ CITY MANAGER APPROVAL: Corrunittee COMMITTEE RECOMMENDATION: � APPROVAL: /qk.��« � s ��i• Co�mmi ett e Co nal PROPOSED COi1NCIL MOTION "L move approval of the 1'olice vepartment s requesr ro awaru cne a�u (contract) for Honda ST 1300PA9 Police Motorcycle to South Bound Honda and authorize the City Manager to sign the contract. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPRO VED COUNCIL BILL # ❑ DENIED 1sTreading ❑ TABLED/AEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: March l, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, City Manager/Chief of Police FROM: Andy Hwang, Assistant Chief of Police SUBJECT: Purchase of Three (3) Honda ST 1300-P Police Motorcycles - Addendum Back�round On January 19`�', 2010 the city council approved the purchase of three (3) Honda ST 1300-P Police Motorcycles using Replacement Reserve monies. The Honda's are replacing the currently used Harley-Davidson FLHTP Police motorcycle for the Police Traffic Unit. This was a first step to address forced elimination of Harley-Davidson leases and to reduce high, unanticipated maintenance costs. On January 21 � 2010 a Request for Quote (RFQ) was sent out to the public via newspaper and to three local Honda dealerships. The dealerships were South Bound Honda of Lakewood, Hinshaws Honda of Auburn and RMC of Renton. The deadline for the submittal of quotes was February 4` 2010: We received bids from South Bound Honda and Hinshaws Honda. South Bound Honda is the only vendor able to meet all of the requirements in the RFQ. Section III E-5 of the RFQ requires the dealership to have built at least five (5) Honda ST 130UP police motorcycles in the last twenty four (24) months. Hinshaws Honda has not built an ST 1300P to date and did not meet this requirement. Although Hinshaws bid is significantly lower than South Bound's, their inexperience in this specialized field appears to be demonstrated by their low estimate of labor hours to take on this project . The cost difference is based on Hinshaws estimated 16 labors hours to build a police motorcycle� In the Traffic Unit's research the industry standard to properly building a police motorcycle (electrical, lighting, radio, crash guards etc) is 30 to SO labor hours. South Bound's labor estimate was 34 to 50 hours per motorcycle. Hinshaws labor estimate is much lower than South Bound's and we attribute that to the dealership not having experience in building police motorcycles. Past experience with poor quality builds has not only jeopardized officer's safety but led to significant downtime and repair costs. We recommend that the bid for the three (3) Honda ST 1300P police motorcycles is awarded to South Bound Honda. �� February 3, 2010 Mark Bensen, Police Lieutenant City of Federal Way 33325 8` Ave S PO Box 9718 Federal Way, WA 98063-9718 253-835-6767 Reference: Request for Quote 1/21/10 Honda ST1300PA9 Police Motorcycle. We are the experienced vendor ofchoice for p�oviding you with your new Honda Police Motorcycles. We have sold/upfitted over 21 Honda Police motorcycles in the last 24 months to many departments in the NW, including: Centralia PD, fverett PD, Yakima PD, Lakewood PD, Snohomish County Sheriff, Kitsap County Sheriff, and Hermiston OR PD. We currently have 8 more units in the build process for King County. To my knowledge, no other Honda dealer in the Northwest has up-fitted any Honda Motorcycles in the last 3 years. To gain the skills required to up-fit and outfit the Police model to your specifications has been a learning experience. In 2007 we purchased a Honda Police model in order to have the time to learn the ins & outs of upfitting the model to meet department needs. We spent over 6 months and many, many hours learning the Honda Police Motorcycles systems, wiring speci�cations, and developing the skills, mounts & tools to be able to build a unit that would be turn-key to the department, and trouble free. Our builds work. Our quality and wiring specifications are second to none. Last fall we attended COPS West in California which is a trade show for Potice Equipment, and inspected all the California outfitters bikes, and we were very happy that our build spec meets or exceeds anything we saw in California. We did learn a few things and have incorporated them into our builds. Our units just get better and better as our number of motors in service increase. It would be a honor to add the Federal Way Police Department to the agencies running Honda Police motorcycles outfitted by South Bound Honda. We are a proud sponsor of NAMOA and will be at the motor officers con#erence at Tulalip this May, It would be great to be able to display the New Federal Way Motor as an example of the quality that we can build. 1& 2) All maintenance and setup on your motorcycles will be performed by our service staff headed by Dale Gray (co-owner), they will perform the pre-delivery service/commissioning and final quality control on the outfitting. Dale has over 40 years experience as a Certified Honda Tech and is also a ST1300 specialist to the point that he owns and drives one himself. Dale also is a custom fabricator and will fabricate any needed brackets from aluminum and we will then have them powder coated. Up fitting will be performed by Dave Pratt. Dave has over 40 years of experience with engineering, installation, troubleshooting & repair and was formerly a Factory Motorola Field Tech, prior to owning Green Tree Communications in Port Townsend for over 30 years. He up-fitted and maintained all varieties of emergency vehicles including lights, radios, sirens & other specialty equipment. He was also a co-owner of Port Townsend Honda from 1976 to 1986 as well as a reserve officer with the lefferson County SherifYs ofFice. (2" class FCC licensed radio/communications tech). Dave was also responsible for many aspects of 911 comm centers including Fort Lewis, McCord AFB, Jefferson County, Grays Harbor County, Pacific County, and Whidbey Island Naval Air Station. 3) Ordering motor units and components will typically take between 4-8 weeks based on previous builds. Upon selection as your vendor,,we would have a pre build conference to work out your actual build specs, parts to be reused off your Harley's, and specifics to your build as to switches, light tocations, radio configurations, etc. Upon receipt of Motor Units from Honda and receipt of all components to complete the upfitting, we estimate the first unit to be delivered within 3-4 four weeks. The 2" and 3'� unit should follow within 20 days. Based upon our current units in process and order times for components, we anticipate that you could expect delivery between May 1�` and June 30�' of this year. Specific tasks include assembling and pre-delivery inspections 3 hours, breakdown of bike for outfitting, 3 hours, wiring for emergency lights, siren, radio, etc,15-25 hours, installation of siren, lights, speakers 5-10 hours, reassembly of body work, 4 hours, fabrication of specialty brackets 4 hours. Total build times of approximately 34-50 hours of actual working time. 4) Proposed budget for this build is $20,160/per unit as specified including the Cycles, all components listed, installation and delivery to Federal Way. After the pre build conference we would provide a ADD/DELETE change order with price reductions and or additions as necessary to complete the build. $20,160 plus tax (@ .098)1975.68 = $ 22,135.68 estimated. ** It was not clear in the bid specifications if a"stock" battery was to be utilized or an aftermarket upgrade to the "Odessey Gel Cell battery" is required. The Odessey battery upgrade including the battery, custom mounts & installation costs $339 additional. The total for the unit with the upgraded battery option would be $20,499 plus tax (@ .098) 2008.90 =$ 22,507.90 estimated. 5) Experience: Please see introduction above. 6) Trade in's on 2006 HD FLHTP (20k miles) & 2007 HD FLHTP (17k miles). Fair market value to be determined. We have a phone buy bid, subject to inspection from Destination HD for $5750 per unit. We will do our best to maximize the vaiue of the trade-in's. 7) References: Terry Neuman, Fleet Mgr City of Lakewood 253-830-5059 Rusty Johnson, Sgt Snohomish Cty Sheriff 425-388-5419 Rod Sniffen Lt City of Everett PD 425-257-7514 Gary lones, Sgt City of Yakima PD 509-576-6349 Chief Berg City of Centralia PD 360-330-7980 Tom Leppich, Sgt King County Sheriff 206-423-9307 Additional Information pertaining to City of Federal Way RFQ— Honda ST1300PA Police Motorcycles i) Background Information: Coast Control Inc dba South Bound Honda was founded in 1968 and has continuously operated as an authorized Honda dealership since that time. Its owners, Vicki & Dale Gray have worked in the Honda motorcycle business since 1970. Dale is one of the foremost Honda techs in the United States and a Viet Nam Veteran. He also owns and rides a Honda ST1300 himself. We know ST1300's top to battom. 2) Experience with the Honda 5T1300PA Police edition. We are the most experienced dealership selling and servicing the Honda Police Motor in the Northwest. Kitsap County, City of Lakewood, and City of Centralia, City of Everett, City of Yakima, Snohomish County Sheriff, King County Sheriff & City of Hermiston, OR are our customers. 3) Accessory installation. On the first Police Motorcycles we sold the equipment package was installed by 3 party installers and the quality and workmanship was below our standards. The wiring procedures for a motorcycle ar significantly difFerent from a vehicle installation. Much tighter spaces, and less room for sirens, radios and othe� equipment. The first build probably took us over 2� man hours of trial and error. In 2007 we purchased a Police ST1300P model as a demo and spent many many hours prototyping and installing the Police equipment package. This included custom mounts for many of the lights, siren speaker & radio. Pictures are attached. Centralia Police Department now owns that bike and it has been flawless. Previous installation experience makes us a logical choice as you consider vendor experience with installation. It would be difficult for another dealership to work under tMe timeline of a bid sale and perfect the installation of accessories as we have. Our installer-ouifitter is a I�censed Public Radio Telephone tech with 40 years of experience in mobile radios, police car outRtting, as well as a Honda Trained Tech for motorcycles. We have heard of installations by municipal radio shops in Washington that have taken over a year to complete. You don't want io be iheir flrst install. 4) We feel your long term satisfaction will be directly related to the quality of our outfitting of the Honda ST1300 Police motorcycle. Taking the time and resources to develop the correct installation procedures was critical for our ability to provide excellent customer service. 5) We are the only Honda Powerhouse dealer in the state of Washington. To qualify as a Powerhouse dealership we have to meet a higher standard in facility, training, and an exclusive commitment to the Honda Product line. In exchange we get a higher level of commitment from Honda in support of our business and our customers. 6} Service & Repairs: We will perform routine scheduled services with a turnaround time of 72 hours or less subject to parts availability. Any other repairs will be expedited as fast as possible subject to parts availability. Have it vou're Wav: The versatility in the factory delivered HONDA ST1300PA allows your department to have your ST1300PA delivered uniquely suited to your department needs. Your department may require different lighting on the bike, paint scheme, enforcement equipment and weapons racks. So why would you want it delivered generically from the factory as one big compromise? Some departments deploy their bikes strictly for DUI enforcement. Some deploy their bikes for traffic investigation and others for highway traffic enforcement. Whatever ypur purpose for deploying your motor, we simply configure it your way and thaYs the secret to our success. We offer built-to-order turn key Honda Police Motorcycles for delivery to anywhere in the Pacific Northwest. uali : SOUTH BOUND 8 SOUTH SOUND HONDA partner with only the best in breed vendors that produce the equipment that makes the ST1300PA platForm the best Police Motorcycle for your department. You have the choice between small and large crash bars, ligh#ing packages, enforcement equipment [citation book holders, Pro Laser III and LTI holsters weapons mounts for shotguns, AR-15, M-4 Carbine, MP-5's, you need it, we build it. Custom Paint, no problem! One Stop Shoppins�: SDUTH BOUND 8 SOUTH SOUND HONDA does not stop with installation of emergency equipment, enforcement equipments, and lights. We can install your radio equipment, moving radar, vehicle video, OPTICON, and laptops! Our wiring philosophy is field tested on hundreds of ST1300PA in service throughout the West Coast. No single dealership in the Washington has more Honda ST1300PA's on the road. We have on staff a certified Radio Tech with over 40 years of experience outfitting police vehicles. His experience includes owning Green Tree Communications, a Honda Motoroycle Dealership 8� he was a reserve Sheriff's officer for Jefferson County for many years. So when we are outfitting your motorcycle, we are doing it from a perspective of experience and to the standards you would expect for a product of the quality of the Honda ST1300PA. Value� For less then the price of a factory delivered BMV1l you can have a turn key bike that suits your department's needs. Maintenance, no problem, iYs a HONDA! � — �. . . ,��,�,�� ,:,��°, . �� ; � ��,�`� �, - — a ~ � - � � -� ... ,. — -- �- _ - ` � � , � s . �, �- . Q �,aav a+� � ..r ...� =F �o � � � � � Q�� . �j, p M � , .� s:; "'— ' , � �_� _ _ • ,� - � ..'33 � � �;��' �� e � � � � jy � � ��' kfJ u� � . . ; n �,. � � � o v$!"d. .. � �AA. ss �#iLir .y. }` ' t'� : : \ � / � ! � ' . �` . -; ._ � � �� . ' ' s f� + �/r�� .. . : � v . t k ` � z '} � ' �r < �- .' > — .' ; • ' , ,. -:.: ,.; ° n � ' .: �..� y �,-. :. . ..*4 k I I I I .' . . �� ., ..: � . » � . ::, � � � _ . . .�• :.�.. i � ..' � ��i+.� , � . : . „ ��.� . / " , . p ki , , ,. A ...__ ( 1 � �, . �.. , i� -,.. �� ,�; �� al 4 � � .�,. �, �3k � .. . . .. .,�► � �:e � �;� r � .. - ��.. �,� � ��. +� <`'�; `' , � '° I f t � ' ,� ,�� , '�" � �,�, � ,�� , _ � � . , s. ; , ; . - - � ��, � ,� f . ., .� 1 � ,�. . --:;,`.' �,"'v`gw �' �� J / �_, .- . . , r �' \-� . . . . � � '. `�� . Pc' �- _. . . . _ � l .. � �'� \, . . . :_A N � . � , �� . .. . V� � .. . � . . i — s _` �,�,"" r . � . . ._.a._ N . .,.�. � � _ �. _ _ � �..�u+�,.,JVI � , _ ; .� , . . - : �, s . r � ,,,�f= —. _ , . . .: ` � ��p � .`. .. ,. ,-� �� . � - ' � ,. "' v; f�� . , __. , � . . � . . - .�'�-_. ; �.� .::: __,. � � i � i_ . . . � _ � ` r / + � � ��s. , ��' , �� _� � �� _ . � ..\ � � � -, i �' ,� ��v,5� - 1 � � �i �i��. \.. . �-� �`." ��' ,;:y '�. �:. . .. � �� ; � -k, i_ > z., � ,:. . � j -.. �� . � � �;. 1 � �' !`- f _ - � * ` fi. ' . d. :. � . _ �• r � . r . . . .:. � �.��_ . . ...... ' �� _. - ` .� . . / IY�� } / '�� ` `� t �� .. � � � rt S ... p r , � ' P � 't � � ,i Y � >„y. � . [ � .�� ' w� �� `, 3 � ". � d/� � . r ,�� _ . , � u � �� , � *- ",: ,y � .�� ' , :m, ��z ? .._ �,-'. � ��, • � � � � f �� ` �' ro�- � ��. ��. �' :� � � � �� . r _ ,�.. a �' �r..,. ., .d_� ..x , � . � � � �• . � � . . . � �•.. + PHOTO HINSHAW'S MOTORCYCLE STORE � 61 � WEST VALLEY HIGHWAY SOUTH • AUBURN WA 98001 (253) 939-7 ] 64 • (800) 676-2453 www.HinshawsMotorcycleStore.com �HONDA � $UZUKI ��(Ti/�� %� Feb. 3 2010 Mark Bensen, Police Lieutenant City of F�eral Way PO Box 9718 Federal Way, Wa. 98463-9718 Lt. Bensen, Here is ow quote for 3, 2009 Honda ST1300P motorcycles, equipped as requested by the Federal Way Police department. It includes additional items requeste� outside the City's request far quote. We are pleased to have the opportunity to eam your business and we're quite confident that we can offer you a level of on-�oing service that will me�t your needs and expectations. We have delivered several Police bikes to the City of Auburn in the past 6 years, and we've done a11 of their service work on a priority basis. We wiil do the same for you. Some of the staff and their years of motorcycle business experience, that will be working with you and your officers aze: Jim Speer, Service Manager 31 yrs. Tim Howick, Parts Manager 20 yrs. Craig Rowley, Shop Forem�an 9 yrs. 7ohn Smith, Lead Technician 32 yrs. Ron Orr, Owner and General Manager, 37 years Upon award of the contract, we will order the ST 13�P's from Americ,an Honda. Upon verification of the awarded cornract, Honda will order the motorcycles for delivery. It will take about 2 weeks for them to arrive at our dealership. We will arder the requested accessories at the same time and they should arrive within 2 weeks as well. Upon arrival of the ST 1300P's and the accessories at our dealership, we will request that you deliver your lights, sirens aad radios to us and we will go over the installation of all the items with yau, to insure we deliver the motorcycles as requested. We want you to be happy that you chose us! � Price for each ST1300P $1'7,894 Total price for 3 $53,682 Sales ta�c @ 9.8% $3839.84 (reflects a tax credit on $14,500 of trade-in value) Total $57,521.$4 Trade-in credit <$14,500> Balance after trades $43,021.84 The trad�-in value of $14,500 asaumes that the 2 Hartey-Davidson Police bikes are un- damag� and in good working order, and to be delivered to H'inshaw's at the time of delivery of the Hondas to the City of Federal Way. We based the trade value on bids we received from Harley-Davidson dealers that ranged from $11,000 to $14,500. Yfthe City of Federal Way chooses not to trade the Harleys', the sales ta�a� would be $5260.83. We estimate that we will have an average of 16 man-haurs of labor to oomplete each bike. We will be having ow most experienced Technician, John Smith, do most of the work on each bike, so we will need 1 week to complete a113 motorcycles. Assuming that there �re no delays from Handa or the aecessory suppliers, we would be able to complete and deliver a113 motorcycles within 34 days of the order. Based on our experience with the servicing of Auburn's Police bikes for the past 6 yeara, we would estimate that your annual maintenance expense will be $1000 to $2000 per motorcycle, dependin� on mileage. The Honda ST1300P's have proven to be e�remely retiable and seldom require more than just normal servicing, tire and brake pad replacemen#. Thank you for your consideration. Ron On, President Hinshaws Motorcycle Store i CITY OF FEDERAL WAY REQUEST FOR QUOTE Police Ti-affic Motorcycles I. II. III. PURPOSE OF REQUEST The City of Federal Way ("City") is requesting quotes for the purpose of purchasing three new motorcycles for the Police Traffic Section. The City' s needs are outlined in the following Request for Quotes ("RFQ"). TIME SCHEDULE The City will follow the following timetable, which should result in a selection of a contractor by Issue RFQ Deadline for Submittal of Quotes Notify Contractor Chosen INSTRUCTIONS TO PROPOSERS A. All quotes shall be sent to: Mark Bensen, Police Lieutenant City of Federal Way 33325 8`�' Ave S P.O. Box 9718 Federal Way, WA 98063-9718 (253) 835-6767 January 21, 2010 February 4, 2010 February S, 2010 B. All quotes must be in a sealed envelope and clearly marked in the lower left-hand corner: RFQ - Police Traffic Motorcycles. All quotes must be received by February 4, 2010 at 4: 00 pm., at which time they will be opened. Three (3) copies of the RFQ must be presented. No faxed or telephone quotes will be accepted. C. Quotes should be prepared simply and economically, providing a straight forward, concise description of provider capabilities to satisfy the requirements of the request. Special bindings, colored displays, promotional materials, etc., are not desired. Emphasis should be on completeness and clarity of content. Use of recycled paper for requests and any printed or photocopied material created pursuant to a contract with the City is desirable whenever practicable. Use of both sides of paper sheets for any submittals to the City is desirable whenever practicable. D. Lieutenant Mark Bensen, or his representative will notify the contractor selected by February 5, 2010. E. All quotes must include the following information: -1- y 1. The names of individuals from those firms who will be working on the project and their areas of responsibility. 2. Specific experience of individuals relative to the proposed project. 3. A proposed outline of tasks, products and motorcycle assembly schedule, including the number of hours required to complete each task or product. 4. A proposed budget based on the above outline of tasks, products and schedules. 5. Proof of experience in commissioning police motorcycles. The dealership will have commissioned at least five (5) Honda ST 1300P police motorcycles in the last twenty four (24) months. 6. The dealership will give the City fair market trade in value for two (2) Harley ' Davidson FLHTP police motorcycles. The first FLHTP is a 2006 model with approximately 20,000 miles and the second is a 2007 model with approximately 17,000 miles. 7. References. IV. SELECTION CRITERIA. . ' Factor Weight Given 1. Responsiveness of the written proposal to the purpose and scope of service. 2. Price. 3. Ability and history of successfully completing contracts of this type, meeting projected deadlines and experience in similar work. Total Criteria Weight 25% 50% 25% 100% � ,: � Each quote will be independently evaluated on factors 1 through 3. V. TERMS AND CONDITIONS. • The City reserves the right to reject any and all quotes, and to waive minor irregularities in any quote. • The City reserves the right to request clarification of information submitted, and to request additional information from the contractor. -2- Y • The City reserves the right to award the contract to the next most qualified contractor, if the successful contractor does not execute a contract within thirty (30) days after the award of the quote. � Any quote may be withdrawn up until the date and time set above for opening of the quotes. Any quote not so timely withdrawn shall constitute an irrevocable offer, for a period of ninety (90) days to sell to the City the services described in the attached specifications, or until one or more of the quotes have been approved by the City administration, whichever occurs first. • The City shall not be responsible for any costs incurred by the contractor in preparing, submitting or presenting its response to the RFQ. VI. SCOPE OF SERVICES • The City will purchase three (3) 2009 Honda ST 1300P police motorcycles. All standard factory equipment is to be included whether specified or not: All parts, including any body and/or equipment installation, not specifically mentioned which are necessary to provide a complete, safe, efficient and operational unit(s) ready for use upon delivery, will also be inciuded, specified or not. Should the manufacturer's current published data ar specifications exceed these, they shall be considered rninimum and be furnished. All non-factory installed items must be clearly � indentified and described. ' • Engine T e• 1261cc li uid-cooled lon itudinall mounted 90 degree V-4 125HP'@ ' � YP • q g Y � 8000RPM. • Gear-driven counterbalancer sh�fts in lower crankcase. --� • Bore and Stroke: 7$mm x 66mm. � Compression ratio: 10.8:1. • Valve Train: DOHC; four valves per cylinder. • Electronic Fuel Injection with throttle sensor, ignition mapping, and auto-enriching to eliminate the need for a manual choke • Ignition: Computer-controlled digital with three dimensional mapping and electronic advance. Not: Electronic ignition shall not be effected by a 35-watt, 800MHz radio system installed on the motorcycle or by a 5-watt 800MHz portable radio within three (3) feet of any part of the motorcycle. • Stainless steel exhaust system with stainless steel heat shields. • Electric engine start with clutch safety switch preventing the engine from being started when the clutch is engaged. • High-output, 660-watt air-cooled alternator • Largest available gel cell type battery to operate proficiently under the following conditions: 1) All running lights, emergency lights, radio, and electronic siren operating simultaneously with engine running at idle. 2) With an initial battery charge of 12.5 VDC and the following accessories on: tail light, blue ID lights, rear flashers, and radio operating on standby simultaneously, the bike should operate all lights for a minimum of twenty (20) minuets with engine off: the battery shall permit restart of engine with electric starter. • Clutch: Eight (8) plate hydraulic. -3- r � � • Transmission: Cassette type five speed � • Final Drive: Shaft. • Dampers on the transmission mainshaft, clutch and driveshaft. • Suspension: Front: Dual full floating 310mm discs with LBS three piston calipers. Rear: Single 316mm disc with LBS three piston caliper. � Wheels: Three-spoke U-section cast aluminum wheels. 5.0 inch wide rear wheel, 3.5 inch wide front wheel. • Tires Front: 120/70ZR-18 • Tires Rear 170/60ZR-17 • Wheelbase: 58.7 inches • Rake (Caster Angle): 26.0 degrees. � Trail: 98mm (3.9 inches) � Seat Height: 31.1 inches (+ or — 0.6 inches). • Dry weight 679 pounds. • Total Fuel capacity: 7.7 gallons • Color: Factory White • Meets 2009 model year emission standards as required. � Anti-Lock Braking System with Linked Braking System. • 1Vlotor-Driven adjustable windscreen with 7.4 inches and 13 degrees of adjustability. • Patrol speedometer is graduated in 2mph increments above l OMPH. • Adjustable 3-position dual-density solo seat. � Specialized brackets for , lights, sirens, antenna mount, and radio/electronic ;-�- equipment. . . • Rear component cover for electronics weather protection. • Left and right lower eng�n� guards with built-in brackets for mounting accessori�s. ` • Right-handlebar-mounted multi-functian switch controls. - • On/Off headlight switch. • 8mm side fairing air deflector set. • Full-coverage body work. • Side mounted crash bars. • Lockable, detachable saddlebag type compartments with minimum of 35-liters each and door seals good against moisture and dirt. Size to be about ?" wide, 10" high, and 16" inches long. Compartments shall be of adequate strength for loading up to 15 pounds of material on each side. • Headlight with dual lenses and twin-filament H4 low/high beam bulbs and multi- reflectors; headlight angle electrically adjustable a minimum of 2.5 degrees via push button on left side of fairing. • Integrated front and rear turn signals • Factory heated grips with thermostat and accessory wire harness. • Fairing pocket. • Breakaway rear view mirrors. • Integrated ignition switch/fork lock. • Three-year, unlimited-mileage limited warranty. • Motorcycles shall feature a radio containment (storage) box to accommodate the possible future installation of Federal Way Police communications equipment. Radio storage box may be integral or separate and shall be mounted over the rear tire and/or -4- fender. Motorcycles shall be designed to accommodate radio installation including speaker and microphone, on the center of the handlebars, gas tank console or fairing. • The following Police equipment will be installed by successful dealer per Honda Motorcycle recommendations and be fully functional at time of delivery. All mounting locations, mounting brackets, switches, and design appearance are subject to the Federal Way Police Departments approval. VII. 1. Mounting of any radio control head, speaker; shall not obstruct visibility of indicators or accessibility of controls and switches, and shall be readily accessible when seated on the motorcycle. 2. Stainless Steel or chrome plated front leg protection bars shall be mounted to the motorcycle frame or as part of the utility storage box brackets. These front protection bars shall be located to protect the operator's legs or fairings from damage and shall not extend any wider than motorcycle mirrors. 3. Stainless Steel or chrome plated front handle bar mount bracket and mirror. 4. Any nameplate, medallion or insignia which are installed in locations that will come in contact with the riders clothing shall be flush to the surface attached or removed. The following Police Emergency Lighting Equipment will be installed by successful dealer per Honda Motorcycle recorrimendations and be fully functional at time of delivery. Also; for additional referenee," Whelen has installation guidelines available at www.whelen:corri/iristall. AlI mounting locations, mounting brackets, switches, and design appearance are subject to the Federal Way Police Departments approval: l. All lights shall be rated SAE J595 Class � using the late�t LED technology. 2: 'Front lightin�2-Whelen-4QBR5SCR; 400 Duplex Linear LED, red/blue. 2- Whelen 4EGRILB, blacl� pedestal mount housing. 1-Whelen ULF44, four outlet flasher. 3. Front FairingJlntersection Li h�t'ing: l-Whelen SOR03ZCR, TIR6, SuperLED, red. 1- Whelen SOB03ZCR, TIR6, Super LED blue. 2-Whelen STSMAB, black surface mount flange. 4. Rear Li�hting; 1-Whelen RVR03ZCR, TIR3 Super LED red. 1-Whelen RVB03ZCR, TIR3 Super LED btue. 1-Wheien D4RRBB, Dominator Series four (4) light LED stick, red/blue. 5. Rear Brake Li h�t�. 1- Whelen RSR03ZCR TIR3 Super LED, red (steady for brake). 6. Siren and Speaker Svstem: 1-Whelen WPA112, Waterproof siren amplifier. 1-Whelen SA340STS, Siren Speaker, round black bell. COMPENSATION • Please present detailed information on the contractor's proposed quote for the specifications proposed and for any variation for non-routine services, inclusive of Washington state sales tax and any other applicable governmental charges. Please provide specifics as to definitions of routine versus non-routine tasks, what is fixed as opposed to variable, and how costs are adjusted according to that classification. ; -5- • Payment by the City for the services will only be made after the services have been performed, an itemized billing statement is submitted in the form specified by the City and approved by the appropriate City representative, which shall specifically set forth the services performed, the name of the person performing such services, and the hourly labor charge rate for such person. Payment shall be made on a monthly basis, thirty (30) days after receipt of such billing statement. . PUBLICATION. _ . • Name of Publication: Dates: . • Federal Way Minar . . • . • G:\Iawforms�Request for Quotes • rev.02/08 , �.. , , _ . � _, , . . . �; ._ .'�. , �.�.� �:.,.,. i..,; . . � . .. . �.. . ��. .��. . . . . � �'� -: �. .. � .� •. . , .. � .. , . . �� . . . :... . . . , .. � . , ; ., . �, . ., . . � . . . . . _ . �' } .:: � � � � .. .�.�.. ` . , . '_.... . _��. .:. ..�. -.� . �. . . . .. . . .. . - ,. ,�. . � COUNCIL MEETING DATE: March 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:�' ,� , SUB.TEC'r: Interlocal Agreement betweenthe City of Auburn, Washington and the City of Federal Way, Washington, for the Housing of Inmates in the Auburn City Jail. POLICY QUESTION Should the City of Federal Way / Federal Way Police Department enter into an Agreement with the City of Auburn for Jail Services? COMMITTEE Parks, Recreation, and Public Safety Council Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY: CONNIE SHUPP, ACTING COMMANDER MEETING DATE March 9 , 201 O ❑ Public Hearing ❑ Other DEPT Police Department Attachments: 1. PRHS&PS Memo 2. Interlocal Cooperative Agreement for Jail Services with the City of Auburn Options Considered: 1. Accept the Interlocal Cooperative Agreement for Jail Services 2. Rej ect Agreement STAFF RECOMMENDATION Staff recommends Option 1. CITY MANAGER APPROVAL: ��,�� I�_ M�/" llIRECTOR APPROVAL' /�w...+� )4�w��1I�• Committee Council � Co� Co cil COMMITTEE RECOMMENDATION: PRPS recommends Option _ Committee Chair C Member Committee Member PROPOSED COUNCIL MOTION "I move approval of the Interlocal Cooperative Agreement between the City of Federal Way, and the City of Auburn for the housing of inmates in the Auburn Jail, effective January l 2010 through December 31 2011 for a daily rate matching Yakima County Jail, which is currently $75.35, and authorize City Manager / Police Chief Brian Wilson to sign such Agreement". ___ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO AC'I'ION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # COUNCIL MEETING DATE: March 16, 2010 ITEM #: C1TY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBdECT: Interlocal Agreement between the City of Auburn, Washington and City of Federal Way, Washington, for the Housing of Inmates in the Auburn City Jail. POLICY QUESTION Should the CiTy of Federal Way / Federal Way Police Department enter into an Agreement with the City of Auburn for Jail Services? COMMITTEE Parks, Recreation, and Public Safety Council Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY: CONNIE SHUPP. ACTING COMMANDER MEETING DATE March 9 , 2010 ❑ Public Hearing ❑ Other DEPT Police Department Attachments: 1. PRHS&PS Memo 2. Interlocal Cooperative Agreement for Jail Services with the City of Auburn Options Considered: 1. Accept the Interlocal Cooperative Agreement for Jail Services 2. Reject Agreement STAFF RECOMMENDATION: Staff recommends Option 1. ��•-• CITY 1VIANAGER APPROVAL: t,/�llvi � 0��1/V Iy ("�� DIRECTOR APPROVAL: �^- Committee Council Committee COMMITTEE RECOMMENDATION: PRPS recommends Option _ Committee Chair Council � � \ Committee r Com ttee ember PifOPOSED COUNCIL MOTION "I move approval of the Interlocal Cooperative Agreement between the City of Federal Way, and the City 'of Auburn for the housing of inmates in the Auburn Jail, and authorize Interim City Manager / Police Chief Brian Wilson to sign such Agreement" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL it ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: March 9, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, Interim City Manager / Police Chief FROM: Andy J. Hwang, Assistant Police Chief SUBJECT: Interlocal Agreement between the City of Federal Way and the City of Auburn Jail Services. Back r�ound The City of Federal Way currently has Inter-local agreements with several jurisdictions for jail services (Auburn, Enumclaw, Fife, King County and Yakima County) to house misdemeanor inmates. The City of Federal Way currently has an Inter-local agreement with the City of Auburn. The Auburn Jail's geographic location reduces the amount of time patrol officers are outside of the city booking arrestees. The agreement requires that space availability is based on "first come, first served" for housing of Federal Way inmates. The agreement with Auburn, in conjunction with several other agreements will be for the duration of January 1, 2010 to December 2011, which will adequately fulfill our needs until the SCORE facility opens. CITY OF ,� Federal CITY HALL W �� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 rnvw ciryoflederahva}! com INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN, WASHINGTON AND THE CITY OF FEDERAL WAY, WASHINGTON FOR THE HOUSING OF INMATES IN THE AUBURN CITY JAIL THIS INTERLOCAL AGREEMENT is dated effective January l 2010 by and between the City of Federal Way, Washington, a Municipal Corporation, and the City of Auburn, Washington, a Municipal Corporation, each party having been duly organized and now existing under the laws of the State of Washington. WITNESSETH: WHEREAS, the Chief of Police for the City of Auburn (hereinafter "Auburn") is authorized by law to have charge and custody of the City of Auburn Jail (hereinafter "Auburn Jail"); and WHEREAS, the City Manager for the City of Federal Way (hereinafter "Federal Way") is authorized by law to have charge and custody of Federal Way prisoners or inmates; and WHEREAS, Federal Way wishes to designate the Auburn City Jail as a place of confinement for the incarceration of one or more inmates lawfully committed to its custody; and WHEREAS, Auburn desires to accept and keep in its custody such inmate(s) in the Auburn City Jail for a rate of compensation mutually agreed upon by the parties hereto; and WHEREAS, RCW 39.34.08 and other Washington law, as amended, authorizes any city to enter into an interlocal agreement to permit another city to perform any governmental service, activity or undertaking which either city is authorized by law to perform; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into the Agreement as authorized and provided for by RCW 39.34.080 and other Washington laws, as amended; NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows: 1. JAIL AVAILABILITY Auburn shall make jail bed space available for Federal Way inmates on a"first come, first served" or "space available" basis. 2. COMPENSATION (a) Rates. The cost of Auburn's care of all Federal Way inmates herein shall be an amount equa.l to the amount charged as a bed maintenance fee by Yakima County (Yakima County daily fee less the medical fee), currently $75.35, to house King County Suburban City inmates for every 24-hour period or portion thereof, that said inmate is in the custody of Auburn, effective beginning January 1, 2010 through December 31 2011. (b) Billin�d pavment Auburn agrees to provide Federal Way with an itemized bill listing a11 names of inmates who are housed, the case/citation number, the number of days housed (including the date and time of booking and date and time of release), and the dollar amount due for each. Auburn agrees to provide said bill by the lOth of each month. Federal Way agrees to make payment to Auburn within thirty (30) days of receipt of Interlocal Jail Services Agreement Page 1 of 6 Between the City of Auburn & the City of Federal Way FW Auburn GITY OF � Federal CITY HALL W �� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 www. aryoKedera/way. com such bill for the amount billed for the previous calendar month. (c) Bookin�Fee. The City of Auburn shall not collect a separate booking fee from Federal Way. 3. DURATION OF INMATE STAY/TYPES OF INMATES At the time a person is presented to the Auburn City Jail for booking by a Federal Way officer, the Auburn corrections staff will determine whether the suspect andlor prisoner will be accepted for booking. Auburn reserves the right, in its sole discretion, to not accept persons injured, extremely ill, or exhibiting behavior that presents an obvious danger to the sta.ff or other inmates. In the event a prisoner is. not accepted for booking, Auburn shall provide written notice (email is acceptable) to the Federal Way Jail Coordinator indicating why booking was declined. (a) Duration of Inmate Stav. The parties agree that the ma�cimum length of stay per inmate, including pre-and post-trial, may not exceed 30 consecutive calendar days. (b) Tvnes of Inmates accepted bv Auburn Citv Jail. Federal Way may not book violent felons into the Auburn City Jail. "Violent felon" is defined as any person being held for suspicion, warrant, or arrest for any felony crime against a person. Federal Way may book nonviolent felons for a on�night stay provided that Federal Way transports any such nonviolent felons the following day to another City Jail. (c) Collection of insurance information. Auburn agrees to collect medical insurance information from inmates when they are booked into the Auburn City Jail pursuant to RCW 70.48.130. 4. RIGHT OF INSPECTION Federal Way shall have the right to inspect, at all reasonable times, all of the Auburn City Jail in which Federal Way's inmates are confined in order to determine if such City Jail maintains standards of confinement acceptable to Federal Way and that such inmates therein are treated equally regardless or race, religion, color, creed or national origin; provided, however, that Auburn shall be obligated to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws and regulations. 5. FURLOUGHS, PASSES, AND WORK RELEASE Auburn agrees that no early releases or alternatives to incarceration, including furloughs, passes, work crews, electronic home detention, or work release shall be granted to any inmate housed pursuant to this Agreement without written authorization by the committing court. Provided, Auburn shall be under no obligation to allow furloughs, passes, work crews, electronic home detention or work release. 6. INMATE ACCOUNTS AND VALUABLES (a) Auburn shall establish and maintain an account for each inmate received from Federal Way and shall credit to such account all money which is received and shall make disbursements, debiting such accounts in accurate amounts for the inmate's personal needs. Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. At either the termination of this Agreement, the inmate's death, or return to either Federal Way or indefinite release to the court, the inmate's money sha11 be transferred to the inmate's account in care of Federal Way. Upon release from incarceration, Auburn sha11 return any remaining money to the prisoner. (b) Auburn shall receive and store property for Federal Way inmates. The property shall fit in a property bag such as a paper grocery bag or small clear plastic bag. 7. RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Auburn to confine the inmate or inmates; to provide treatment, including [nterlocal Jail Services Agreement Page 2 of 6 Between the City of Auburn & the City of Federal Way FW Auburn ` GTY OF ,.� Federal CITY HALL W �� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 ►nvw. c�ryoffedera/way com the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for the inmates' physical needs; to make available to them programs and/or treatment consistent with the individual needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require Auburn, or any of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar intnates not confined pursuant to this Agreement, or which are not otherwise required by law. 8. MEDICAL SERVICES (a) Inmates from Federal Way shall receive and Auburn shall arrange for such medical, psychiatric and dental treatment as may be necessary to safeguard their health while housed in the Auburn City Jail and shall notify Federal Way prior to any consultation for norremergency outside services. Except for in-house routine minor medical services that can be treated by Auburn City Jail staff, Federal Way shall pay directly or reimburse Auburn for a11 costs associated with the delivery of any medical, psychiatric and/or dental services provided to Federal Way inmates; provided that Federal Way has the option to remove inmates, if at Federal Way's discretion, it believes that another City Jail would be more appropriate for addressing the inmate's medical needs. (b) Auburn shall keep adequate records of all such services and said records shall be available for Federal Way's review at its request. (c) Except in emergencies, Federal Way will be notified by contacting the Federal Way Police Department on duty supervisor or Commander at (253) 835-6851, prior to the inmate's transfer to a hospital and nothing herein shall preclude Federal Way from retaking the ill or injured inmate(s). Any emergency medical, psychiatric, or dental services shall be reported to Federal Way as soon as time permits. (d) If inmates held on Federal Way charges are transported to a local hospital facility, the short term security of said inmates shall be the responsibility of the City ofAuburn. Short term security is defined as less than eight (8) hours. 9. DISCIPLINE Auburn shall have physical control over and power to execute disciplinary authority over all Federal Way inmates. However, nothing contained herein shall be construed to authorize or permit the imposition of a type of discipline prohibited by the Laws of the State of Washington. 10. RECORDS AND REPORTS Auburn shall keep all necessary and pertinent records concerning Federal Way inmates in the manner mutually agreed upon by the parties hereto. During an inmate's confinement in the Auburn City Jail, Federal Way shall upon request be entitled to receive and be furnished with copies of any report or record associated with said inmate(s) incarceration. 11. REMOVAL FROM THE CITY JAIL A Federal Way inmate legally confined in the Auburn City Jail shall not be removed there from by any person without written authorization from Federal Way or by order of any court having jurisdiction. Auburn agrees that no early releases or alternatives to incarceration, including furloughs, passes, work release, work crews or electronic home detention shall be granted to any inmate without written authorization from the committing court. This paragraph shall not apply to an emergency necessitating the immediate removal of the inmate for medical, dental, psychiatric treatment or other catastrophic condition presenting an imminent danger Interlocal Jail Services Agreement Page 3 of 6 Between the City of Auburn & the City of Federal Way FW Auburn CITY OF � Federal CITY HALL W �� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 �n�wv aryroffederahvay. com to the safety of the inmate or to other inmates or Auburn City Jail personnel. In the event of any such emergency removal, Auburn shall inform Federal Way of the whereabouts of the inmate or inmates so removed, at the earliest practicable time, and shall exercise all reasonable care for the safekeeping and custody of such inmate or inmates. 12. ESCAPES In the event any Federal Way inmate shall escape from Auburn's custody, Auburn will use all reasonable means to recapture the inmate. The escape shall be reported immediately to Federal Way. Auburn shall have the primary responsibility for and authority to file escape charges and direct the pursuit and retaking of the inmate or inmates within its own jurisdiction. Any cost in connections therewith shall be chazgeable to and borne by Auburn; however, Auburn shall not be required to expend unreasonable amounts to pursue and return inmates from other states or other countries. 13. DEATH OF AN INMATE (a) In the event of the death of a Federal Way inmate, the King County Coroner shall be notified. Federal Way shail receive copies of any records made at or in connection with such notification. (b) Auburn shall immediately notify Federal Way of the death of a Federal Way inmate, furnish information as requested and follow the instructions of Federal Way with regard to the disposition of the body. The body shall not be released except on written order of the appropriate officials of Federal Way. Written notice pertaining to the release shall be provided within three weekdays of receipt by Federal Way of notice of such death. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by Federal Way. With Federal Way's consent, Auburn may arrange for burial and all matters related or incidental thereto, and all such expenses shall be paid by Federal Way. The provisions of this pazagraph shall govern only the relations between or among the parties hereto and shall not affect the liability of any relative or other person for the disposition of the deceased or for any expenses connected therewith. (c) Federal Way shall receive a certified copy of the death certificate for any of its inmates who have died while in Auburn's custody. 14. REMOVING OF INMATES Upon request froin Auburn, Federal Way shall, at its expense, remove any Federal Way inmate not meeting the intake criteria outlined in part 3 above, within (4) hours after receipt of such request. In the event the confinement of any Federal Way inmate is terminated for any reason, Federal Way shall, at its expense, retake such inmate from the Auburn City Jail. In the event Auburn requests a prisoner be removed, Auburn shall provide written notice (email is acceptable) to the Federal Way Jail Coordinator indicating why Auburn requested removal of the Inmate. 15. GOVERNING LAW The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to an inmate(s) confined pursuant to the Agreement. 16. DURATION This Agreement shall enter into full force and effect from January l 2010, and end December 31 2011, subject to earlier termination as provided by Section 17 herein. This Agreement may be renewed for one year successive periods under such terms and conditions as the parties may determine. Nothing in the Agreement shall be construed to require Federal Way to house inmates in the Auburn City Jail continuously. Interlocal Jail Services Agreement Page 4 of 6 Between the City of Auburn & the City of Federal Way FW Auburn �ITY OF � Federal CITY HALL W �� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 rwvw atyoffederahvay com 17. TERMINATION (a) By either party. This Agreement may be terminated by written notice from either party to the other party delivered by regular mail to the contact person identified herein, provided that termination shall become effective sixty (60) working days after receipt of such notice. Federal Way agrees to remove any inmate(s) from the Auburn City Jail by the close of said sixty (60) day notice period. (b) By Federal Way due to lack of funding. The obligation of Federal Way to payAuburn under the provision of this Agreement beyond the close of the current fiscal year (December 31, 2010) is expressly made contingent upon the appropriation, budgeting availability of sufficient funds by Federal Way. In the event that such funds are not budgeted, appropriated or otherwise made available for the purpose of payment under this Agreement at any time after December 31, 2010, then Federal Way shall have the option of terminating the Agreement upon written notice to Auburn, except that all services provided to that point sha11 be compensated at the agreed rate. The termination of this Agreement for this reason will not cause any penalty to be chazged to Federal Way. (c) In the event of termination of this Agreement for any reason, Federal Way shall compensate Auburn for prisoners housed by Auburn after notice of such termination until Federal Way retakes its inmates. Compensation shall be paid in the same manner and at the same rates set forth under Section 2, just as if this agreement had not been terminated. 18. MAILING AND CONTACT ADDRESS All written notices, reports and correspondence required or allowed by this Agreement shall be sent to the following: City of Auburn: City of Federal Way: Auburn Detention Facility Attn.: Manager 25 West Main Street Auburn, Washington 98001 Fax: (253) 288-3161 Phone: (253) 931-3088 Federal Way Police Department Attn: Jail Coordinator 33325 8�' Ave. South Federal Way, WA 98063 Fax: (253) 835-6899 Phone: (253) 835-6807 19. HOLD HARMLESS AND INDEMNIFICATION Auburn will assume the liability for the custody and care of Federal Way prisoners once they are in the custody of Auburn. Auburn shall defend, indemnify and hold Federal Way, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of Federal Way and for any claims of false arrest or false imprisonment, for which Federal Way shall defend, indemnify and hold Auburn harmless, including reasonable attorneys fees. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Auburn and Federal Way, its officers, officials, employees, and volunteers, [nteelocal Jail Services Agreement Page � of 6 Between the City of Auburn & the City of Federal Way FW Auburn CITY OF � Federal CITY HALL W �� 33325 8th Avenue South • PO Box 9718 Federai Way, WA 98063-9718 (253)835-7000 �nvw. crryoSedera/wey com Auburn's liability hereunder shall be only to the extent of Auburn's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Auburn's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 20. MISCELLANEOUS (a) Federal Way prisoners incarcerated in the Auburn City Jail pursuant to this Agreement shall be transported to Auburn by and at the expense of Federal Way and shall be returned, if necessary, to Federal Way by Federal Way personnel and at Federal Way's expense. Auburn is not responsible for transportation of Federal Way prisoners under this Agreement and shall be reimbursed by Federal Way for any actual expenses incurred in transport of an inmate if, in fact, transportation of an inmate by Auburn becomes necessary. (b) A copy of this agreement, once executed, will be filed with King County as required by RCW 39.34.040. (c) This Agreement replaces and supersedes all prior agreements between the Parties relating to City Jail services. IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made effective on the day and year first above written: CITY OF FEDERAL WAY Brian Wilson, City Manager/Chief of Police ATTEST: Carol McNeilly, CMC, City Clerk Approved as to Form: Patricia A. Richardson, City Attorney CITY OF AUBURN City of Auburn, Mayor ATTEST: City of Auburn, City Clerk Approved as to Form: City of Auburn, City Attorney Interlocal Jail Services Agreement Page 6 of 6 Between the City of Auburn & the City of Federal Way FW Auburn COUNCIL MEETING DATE: 1VIa�-ch 16, 2010 ITEM #: �J � CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB,TECT: Interlocal Agreement between the City of Buckley, Washington and the City of Federal Way, Washington, for the Housing of Inmates in the Buckley City Jail. POLICY QUESTION Should the City of Federai Way / Federal Way Police Department enter into an Agreement with the City of Buckley for Jail Services? COMMITTEE Parks, Recreation, and Public Safety Council Committee CATEGORY: � Consent ❑ Ordinance ❑ City Council Business ❑ Re STAFF REPORT BY: CONNIE SHUPP, ACTING COMMANDER MEETING DATE March 9 , 2010 ❑ Public Hearing ❑ Other DEPT: Police Department Attachments: 1. PRHS&PS Memo 2. Interlocal Cooperative Agreement for Jail Services with the City of Buckley Options Considered: 1. Accept the Interlocal Cooperative Agreement for Jail Services 2. Reject Agreement STAFF RECOMMENDATION Staff recommends Option 1. CITY MANAGER APPROVAL: ��`� �. DIRECTOR APPROVAL: 1 �/ j `"`�'_�/'� /e Committee Council Com�mitt e Council COMMITTEE RECOMMENDATION PRPS recommends Option _ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION "I move approval of the Interlocal Cooperative Agreement between the City of Federal Way, and the City of Buckley for the housing of inmates in the Buckley Jail, effective January 1, 2010 through December 31, 2011 for a daily rate of $57.00, and authorize � City Manager / Police Chief Brian Wilson to sign such Agreement" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED l reading ❑ TABLED/DEFERRED/NO AC1'ION Enactment reading ❑ MOVED TO SECOND READING (ordinances onlyJ ORDINANCE # REVISED — OZ/06/2006 RESOLUTION # COUNCIL MEETING DATE: March 16, 2010 ITEM #:_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.IECT: Interlocal Agreement between the City of Buckley, Washington and City of Federal Way, Washington, for the Housing of Inmates in the Buckley City Jail. POLICY QUESTION Should the City of Federal Way / Federal Way Police Department enter into an Agreement with the City of Buckley for Jail Services? COMMITTEE Parks, Recreation, and Public Safety Council Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY: CONNIE SHUPP, ACTING COMMANDER MEETING DATE March 9, 2010 ❑ Public Hearing ❑ Other DEPT Police Department Attachments: 1. PRHS&PS Memo 2. Interlocal Cooperative Agreernent for Jail Services with the City of Buckley Options Considered: 1. Accept the Interlocal Cooperative Agreement for Jail Services 2. Reject Agreement STAFF RECOMMENDATION: Staff recommends Option l. �6 �/awJ I � %��,��, ��/�" CITY MANAGER APPROVAL: ,CI�,/./!✓� ��W' DIRECTOR APPROVAL: �4� -�=�� Committee Council Com ttee Counc�l COMMITTEE RECOMMENDATION: PRPS recommends Option _ -r�-� � ( Committee Chair Member YROPOSED COUNCIL MOTION "I move approval of the Interlocal Cooperative Agreement between the City of Federal Way, and the City of Buckley for the housing of inmates in the Buckley Jail, and authorize Interim City Manager / Police Chief Brian Wilson to sign such Agreement" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED lsT reading ❑ TABLEDfDEFERRED/NO ACTION Enactroent reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 02/O6/2006 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: March 9, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, Interim City Manager / Police Chief FROM: Andy J. Hwang, Assistant Police Chief SUBJECT: Interlocal Agreement between the City of Federal Way and the City of Buckley 7ail Services. Background The City of Federal Way currently has Inter-local agreements with several jurisdictions for jail services (Auburn, Enumclaw, Fife, King County and Yakima County) to house misdemeanor inmates. The City of Federal Way would like to add an additional Inter-local agreement with the City of Buckley to house Federal Way inmates. The Buckley Jail's geographic location reduces the amount of time patrol officers are outside of the city booking arrestees. The agreement requires that a minimum of five (5) beds be allocated daily for the use of Federal Way inmates. The City of Federal Way will specific use Buckley Jail primarily for the housing of female inmates, which will be a great cost savings to the city. Buckley's daily rate is only $57.00, which compared to the King County Jail rate that we currently pay is $115.36, housing our inmates at Buckley would be a substantial savings. The agreement with Buckley, in conjunction with several other agreements will be for the duration of January l, 2010 to December 201 l, which will adequately fulfill our needs until the SCORE facility opens. CITY OF � Federal CITY HALL W �� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www atyoflederahvay com INTERLOCAL AGREEMENT BETWEEN THE CITY OF BUCKLEY, WASHINGTON AND THE CITY OF FEDERAL WAY, WASHINGTON FOR THE HOUSING OF INMATES IN THE BUCKLEY CITY JAIL THIS INTERLOCAL AGREEMENT is dated effective this 1 st day of January, 2010 by and between the City of Federal Way, Washington, a Municipal Corporation, and the City of Buckley, Washington, a Municipal Corporation, each party having been duly organized and now existing under the laws of the State of Washington. WIT'NESSETH: WHEREAS, the Chief of Police for the City of Buckley (hereinafter "Buckley") is authorized by law to have charge and custody of the City of Buckley Jail (hereinafter "Buckley Jail"); and WHEREAS, the City Manager for the City of Federal Way (hereinafter "Federal Way") is authorizedby law to have charge and custody of Federal Way prisoners or inmates; and WHEREAS, Federal Way wishes to designate the Buckley Jail as a place of confinement for the incarceration of one or more inmates lawfully committed to its custody; and WHEREAS, Buckley desires to accept and keep in its custody such inmate(s) in the Buckley Jail for a rate of compensation mutually agreed upon by the parties hereto; and WHEREAS, RCW 39.34.08 and other Washington law, as amended, authorizes any city to enter into an interlocal agreement to permit another city to perform any governmental service, activity or undertaking which either city is authorized by law to perform; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into the Agreement as authorized and provided for by RCW 39.34.080 and other Washington law, as amended; NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows: 1. JAIL AVAILABILITY Buckley shall make available for Federal Way inmates a minimum of five (5) beds per day, and shall accept and house a minimum of five (5) Federal Way inmates per day. Buckley also agrees to make additional beds in excess of five (5) available to Federal Way on a"first come, first served" or "space available" basis. 2. COMPENSATION � (a) Rates. The cost of Buckley's care of all Federal Way inmates herein shall be $57.00 per day, per bedlinmate, effective beginning January 1, 2010 through December 31 2011. The parties agree that Buckley will not charge a separate booking fee in addition to such rates. (b) Minimum Char�e. The City of Federal Way agrees to commit to and pay for five (5) beds per day, at the rate set forth in Section 2(a) above. (c) Billing and pavment Buckley agrees to provide Federal Way with an itemized bill listing all names Interlocal Jail Services Agreement Page 1 of 6 Between the City of Buckley & the City of Federal Way FW Buckley CITY OF ,�. Federal CITY HALL W �� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 rwvw. aryof/ederafway com of inmates who are housed, the case/citation number, the number of days housed (including the date and time of booking and date and time of release), and the dollar amount due for each. The bill shall reflect the minimum charge provided for in Section 2(b) above, and charges for any inmates in excess of five (5) inmates per day (under Section 1 above). Buckley agrees to provide said bill by the lOth of each month. Federal Way agrees to make payment to Buckley within thirty (30) days of receipt of such bill for the amount billed for the previous calendar month. 3. DURATION OF INMATE STAY/TYPES OF INMATES � At the time a person is presented to the Buckley Jail for booking by a Federal Way officer, the Buckley corrections staff will determine whether the suspect and/or prisoner will be accepted for booking. Buckley reserves the right, in its sole discretion, to not accept persons injured, extremely ill, or e�ibiting behavior that presents an obvious danger to the staff or other inmates. In the event a prisoner is not accepted for booking, Buckley shall provide written notice (email is acceptable) to the Federal Way Jail Coordinator indicating why the booking was declined. (a) Duration of Inmate Stav. The parties agree that the maximum length of stay per inmate, including pre-and post-trial, may not exceed 365 consecutive calendar days per misdemeanor sentence. (b) Tvpes of Inmates accepted by Bucklev Jai1 Federal Way may not book violent felons into the Buckley Jail. "Violent felon" is defined as any person being held for suspicion, warrant, or arrest �r any felony crime against a person. Federal Way may book nonviolent felons for a on�night stay provided that Federal Way transports any such nonviolent felons the following day to another jail facility. (c) Collection of insurance information. Buckley agrees to collect medical insurance information from inmates when they are booked into the Buckley Jail pursuant to RCW 70.48.130. 4. RIGHT OF INSPECTION Federal Way shall have the right to inspect, at all reasonable times, all of the Buckley Jail in which Federal Way's inmates are confined in order to determine if such jail maintains standards of confinement acceptable to Federal Way and that such inmates therein are treated equally regardless of race, religion, color, creed or national origin; provided, however, that Buckley shall be obligated to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws and regulations. 5. FURLOUGHS, PASSES. AND WORK RELEASE Buckley agrees that no early releases or alternatives to incarceration, including furloughs, passes, work crews, electronic home detention, or work release shall be granted to any inmate housed pursuant to this Agreement without written authorization by the committing court. Provided, Buckley sha11 be under no obligation to allow farloughs, passes, work crews, electronic home detention or work release. 6. INMATE ACCOUNTS AND VALUABLES (a) Buckley shall establish and maintain an account for each inmate received from Federal Way and shall credit to such account a11 money which is received and shall make disbursements, debiting such accounts in accurate amounts for the inmate's personal needs. Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. At either the termination of this Agreement, the inmate's death, or return to either Federal Way or indefinite release to the court, the inmate's money shall be transferred to the inmate's account in care of Federal Way. Upon release from incarceration, Buckley shall return any remaining money to the prisoner. (b) Buckley shall receive and store property for Federal Way inmates. The property shall fit in a property bag such as a paper grocery bag or small clear plastic bag. Interloca( Jail Services Agreement Page 2 of 6 Between the City of Buckley & the City of Federal Way FW Buckley. CITY Of � Federal CITY HALL W �� 33325 8th Avenue South • PO Box 9718 Federai Way, WA 98063-971 S (253) 835-7000 www crryoffederahvay. com 7. RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Buckley to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for the inmates' physical needs; to make available to them programs and/or treatment consistent with the individual needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require Buckley, or any of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agreement, or which are not otherwise required by law. 8. MEDICAL SERVICES (a) Inmates from Federal Way shall receive and Buckley shall arrange for such medical, psychiatric and dental treatment as may be necessary to safeguard their health while housed in the Buckley Jail and shall notify Federal Way prior to any consultation for non-emergency outside services. Except for in-house routine minor medical services that can be treated by Buckley Jail staff, Federal Way shall pay directly or reimburse Buckley for all costs associated with the delivery of any medical, psychiatric and/or dental services provided to Federal Way inmates; provided that Federal Way has the option to remove inmates, if at Federal Way's discretion, it believes that another jail would be more appropriate for addressing the inmate's medical needs. (b) Buckley shall keep adequate records of all such services and said records shall be available for Federal Way's review at its request. (c) Except in emergencies, Federal Way will be notified by conta.cting the Federal Way Police Department on-duty supervisor or Commander at (253) 835-6851, prior to the inmate's transfer to a hospital and nothing herein shall preclude Federal Way from retaking the ill or injured inmate(s). Any emergency medical, psychiatric, or dental services shall be reported to Federal Way as soon as time permits. (d) If inmates held on Federal Way charges are transported to a local hospita.l facility, the short term security of said inmates shall be the responsibility of the City of Buckley. Short term security is defined as less than eight (8) hours. 9. DISCIPLINE Buckley shall have physical control over and power to execute disciplinary authority over a11 Federal Way inmates. However, nothing contained herein shall be construed to authorize or permit the imposition of a type of discipline prohibited by the Laws of the State of Washington. 10. RECORDS AND REPORTS Buckley shall keep all necessary and pertinent records concerning Federal Way inmates in the manner mutually agreed upon by the parties hereto. During an inmate's confinement in the Buckley Jail, Federal Way shall upon request be entitled to receive and be furnished with copies of any report or record associated with said inmate(s) incarceration. 11. REMOVAL FROM THE JAIL A Federal Way inmate legally confined in the Buckley Jail sha11 not be removed there from by any person without written authorization from Federal Way or by order of any court having jurisdiction. Buckley agrees that no early releases or alternatives to incarceration, including furloughs, passes, work release, work crews or electronic home detention shall be granted to any inmate without written authorization from the committing court. This paragraph shall not apply to an emergency necessitating the immediate removal of the inmate for medical, dental, psychiatric treatment or other catastrophic condition presenting an imminent danger Interlocal Jail Services Agreement Page 3 of 6 Between the City of Buckley & the City of Federal Way FW Buckley c�Tr oF ��.. Fe CITY HALL W �� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www. ciryoflederahvay. com to the safety of the inmate or to other inmates or Buckley Jail personnel. In the event of any such emergency removal, Buckley shall inform Federal Way of the whereabouts of the inmate or inmates so removed, at the earliest practicable time, and shall exercise all reasonable care for the safekeeping and custody of such inmate or inmates. 12. ESCAPES In the event any Federal Way inmate shall escape from Buckley's custody, Buckley will use all reasonable means to recapture the inmate. The escape shall be reported immediately to Federal Way. Buckley shall have the primary responsibility for and authority to file escape charges and direct the pursuit and retaking of the inmate or inmates within its own jurisdiction. Any cost in connections therewith shall be chargeable to and borne by Buckley; however, Buckley shall not be required to expend unreasonable amounts to pursue and return inmates from other sta.tes or other countries. 13. DEATH OF AN INMATE (a) In the event of the death of a Federal Way inmate, the Pierce County Coroner sha11 be notified. Federal Way shall receive copies of any records made at or in connection with such notification. (b) Buckley shall immediately notify Federal Way of the death of a Federal Way inmate, furnish information as requested and follow the instructions of Federal Way with regard to the disposition of the body. The body shall not be released except on written order of the appropriate officials of Federal Way. Written notice pertaining to the release shall be provided within three weekdays of receipt by Federal Way of notice of such death. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by Federal Way. With Federal Way's consent, Buckley may arrange for burial and all matters related or incidental thereto, and all such expenses shall be paid by Federal Way. The provisions of this paragraph shall govern only the relations between or among the parties hereto and shall not affect the liability of any relative or other person for the disposition of the deceased or for any expenses connected therewith. (c) Federal Way shall receive a certified copy of the death certificate for any of its inmates who have died while in Buckley's custody. 14. REMOVING OF INMATES Upon request from Buckley, Federal Way shall, at its expense, remove any Federal Way inmate not meeting the intake criteria outlined in part 3 above, within (4) hours after receipt of such request. In the event the confinement of any Federal� Way inmate is terminated for any reason, Federal Way shall, at its expense, retake such inmate from the Buckley Jail. In the event Buckley requests a prisoner be removed, Buckley shall provide written notice (email is acceptable) to the Federal Way Jail Coordinator indicating why Buckley requested removal of the Inmate. 15. GOVERNING LAW The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to an inmate(s) confined pursuant to the Agreement. 16. DURATION This Agreement shall enter into full force and effect from January 1, 2010, and end December 31, 2011, subject to earlier termination as provided by Section 17 herein. This Agreement may be renewed for one year successive periods under such terms and conditions as the parties may determine. Nothing in the Agreement shall be construed to require Federal Way to house inmates in the Buckley Jail continuously. Interlocal Jail Services Agreement Page 4 of 6 Between the City of Buckley & the City of Federal Way FW Buckley CITY OF � Federal CITY HALL W �� 33325 8th Avenue South • PO Box 971 S Federal Way, WA 98063-9718 (253)835-7000 www. aryofiedera/way. com 17. TERMINATION (a) By either party. This Agreement may be terminated by written notice from either party to the other party delivered by regular mail to the contact person identified herein, provided that termination sha11 become effective sixty (60) working days after receipt of such notice. Federal Way agrees to remove any inmate(s) from the Buckley Jail by the close of said sixty (60) day notice period. (b) By Federal Way due to lack of funding. T'he obligation of Federal Way to pay Buckley under the provision of this Agreement beyond the close of the current fiscal year (December 31, 2010) is expressly made contingent upon the appropriation, budgeting availability of sufficient funds by Federal Way. In the event that such funds are not budgeted, appropriated or otherwise made available for the purpose of payment under this Agreement at any time after December 3 l, 2010, then Federal Way shall have the option of terminating the Agreement upon written notice to Buckley, except that all services provided to that point shall be compensated at the agreed rate. The termination of this Agreement for this reason will not cause any penalty to be chazged to Federal Way. (c) In the event of termination of this Agreement for any reason, Federal Way shall compensa.te Buckley for prisoners housed by Buckley after notice of such termination until Federal Way retakes its inmates. Compensation shall be paid in the same manner and at the same rates set forth under Section 2, just as if this agreement had not been terminated. 18. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: City of Buckley: City of Buckley 133 South Cedar Street Buckley, WA 98321 Contact Person: Jim Arsanto, Chief of Police City of Federal Way: City of Federal Way 33325 8�' Ave S. Federal Way, WA 98063-9718 Contact Person: Beth Meshkoff, Jail Coordinator 19. HOLD HARMLESS AND INDEMNIFICATION Buckley will assume the liability for the custody and care of Federal Way prisones once they are in the custody of Buckley. Buckley shall defend, indemnify and hold Federal Way, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of Federal Way and for any claims of false arrest or false imprisonment, for which Federal Way shall defend, indemnify and hold Buckley harmless, including reasonable attorneys fees. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Buckley and Federal Way, its officers, officials, employees, and volunteers, Buckley's liability hereunder shall be only to the extent of Buckley's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Buckley's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of Interlocal Jail ServicesAgreement P3ge 5 of 6 Between the City of Buckley & the City of Federal Way FW Buckley �ITY OF �.. Federal this Agreement. CITY HALL W �� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 �nvvw. crryofCederahvay. com 20. MISCELLANEOUS (a) Federal Way prisoners incarcerated in the Buckley Jail pursuant to this Agreement shall be transported to Buckley by and at the expense of Federal Way and shall be returned, if necessary, to Federal Way by Federal Way personnel and at Federal Way's expense. Buckley is not responsible for transportation of Federal Way prisoners under this Agreement and shall be reimbursed by Federal Way for any actual expenses incurred in transport of an inmate if, in fact, transportation of an inmate by Buckley becomes necessary. (b) A copy of this agreement, once executed, will be filed with King County and Pierce County, as required by RCW 39.34.040. (c) This Agreement replaces and supersedes all prior agreements between the Parties relating to jail services. IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made effective on the day and year first above written: CITY OF FEDERAL WAY Brian Wilson, City Manager/Police Chief CITY OF BUCKLEY , City Manager Jim Arsanto, Chief of Police ATTEST: Laura Hathaway, CMC, City Clerk Approved as to Form: Patricia A. Richardson, City Attorney ATTEST: , City Clerk-Treasurer Approved as to Form: , City Attorney Interlocal Jail Services Agreement Page 6 of 6 Between the City of Buckley & the City of Federal Way FW Buckley COUNCIL MEETING DATE: March 16, 2010 ITEM #:_�� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Interiocal Agreement between the City of Enumclaw, Washington and the City of Federal Way, Washington, for the Housing of Inmates in the Enumclaw City Jail. POLICY QUESTION Should the City of Federal Way / Federal Way Police DepaMment enter into an Agreement with the City of Enumclaw for Jail Services? COMMITTEE Parks, Recreation, and Public Safety Council Committee CATEGORY: � Consent ❑ Ordinance MEETING DATE March 9 , 2010 ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Ot her STAFF REPORT BY: CONNIE SHUPP, ACTING COMMANDER DEPT: Police Department Attachments: 1. PRHS&PS Memo 2. Interlocal Cooperative Agreement for Jail Services with the City of Enumclaw Options Considered: 1. Accept the Interlocal Cooperative Agreement for Jail Services 2. Reject Agreement STAFF RECOMMENDATION Staff recornmends Option 1. CITY MANAGER APPROVAL: K• N�n�I¢, �, ��DIItECTOR APPROVAL: Committee Council COMMITTEE RECOMMENDATION: PRPS recommends Option _ /'Y� �I'/� Council Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION "I move approval of the Interlocal Cooperative Agreement between the City of Federal Way, and the City of Enumclaw for the housing of inmates in the Enumclaw Jail, effective January 1, 2010 through December 31, 2011 for a daily rate of $55.00, and authorize : City Manager / Police Chief Brian Wilson to sign such Agreement" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACI'ION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # COUNCIL MEETING DATE: March 16, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBdECT: Interlocal Agreement between the City of Enumclaw, Washington and City of Federal Way, Washington, for the Housing of Inmates in the Enumclaw City Jail. POLICY QUESTION Should the City of Federal Way / Federal Way Police Department enter into an Agreement with the City of Enumclaw for Jail Services? COMMITTEE Parks, Recreation, and Public Safety Council Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY: CONNIE SHUPP, ACTING COMMANDER MEETING DATE March 9 , 2010 ❑ Public Hearing ❑ Other DEPT Police Department Attachments: 1. PRHS&PS Memo 2. Interlocal Cooperative Agreement for Jail Services with the City of Enumclaw Options Considered: 1. Accept the Interlocal Cooperative Agreement for Jail Services 2. Reject Agreement STAFF RECOMMENDATION Staff recommends Option 1. CITY MANAGER APPROVAL:L3.C��F,� '�� ,�IIr DIRECTOR APPROVAL: J � Committee Co unc� Committ e COMMITTEE RECOMMENDATION: PRPS recommends Option _ �--a^-�-` ��f.t� Committee Chair J�Ij a Cou c�l Member `gROPOSED COUNCIL MOTION "I move approval of the Interlocal Cooperative Agreement between the City of Federal Way, and the City of Enumclaw for the housing of inmates in the Enumclaw Jail, and authorize Interim City Manager / Police Chief Brian Wilson to sign such Agreement" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACI'ION Enactment reading ❑ MOVED TO SECOND READING (ordrnances only) ORDINANCE # REVISED - 02/Ob/2006 RESOLUTION t! CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: March 9, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, Interim City Manager / Police Chief FROM: Andy J. Hwang, Assistant Police Chief SUBJECT: Interlocal Agreement between the City of Federal Way and the City of Enumclaw Jail Services. Background The City of Federal Way currently has Inter-local agreements with several jurisdictions for jail services (Auburn, Enumclaw, Fife, Yakima County and King County) to house misdemeanor inmates. The City of Federal Way currently has an Inter-local agreement with the City of Enumclaw. The Enumclaw Jail's geographic location reduces the amount of time patrol officers are outside of the city booking arrestees. The agreement requires that space availability is based on "first come, first served" for the housing of Federal Way inmates. The agreement with Enumclaw, in conjunction with several other agreements will be for the duration of January 1, 2010 to December 2011, which will adequately fulfill our needs until the SCORE facility opens. �ITY OF � Federal � CITY HALI W �� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 www. atyoffederahvay. com 1NTERLOCAL AGREEMENT BETWEEN THE CITY OF ENUMCLAW, WASHINGTON AND THE CITY OF FEDERAL WAY, WASHINGTON FOR TI� HOUSING OF INMATES IN THE ENUMCLAW CORRECTIONS FACILITY THIS INTERLOCAL AGREEMENT is dated effective this l of January 2010 by and between the City of Federal Way, Washington, a Municipa.l Corpora.tion, and the City of Enumclaw, a Washington, Municipal Corporation, each party having been duly organized and now existing under the laws of the Sta.te of Washington. WITNESSETH: WHEREAS, the Chief of Police for the City of Enumclaw (hereinafter "Enumclaw") is authorized by law to have charge and custody of the City of Enumclaw Corrections Facility (hereinafter "Enumclaw Corrections Facility"); and WHEREAS, the City Manager for the City of Federal Way (hereinafter "Federal Way") is authorized by law to have charge and custody of Federal Way prisoners or inmates; and WHEREAS, Federal Way wishes to designate the Enumclaw Corrections Facility as a place of confinement for the incarceration of one or more inmates lawfully committed to its custody; and WHEREAS, Enumclaw desires to accept and keep in its custody such inmate(s) in the Enumclaw Corrections Facility far a rate of compensation mutually agreed upon by the parties hereto; and WHEREAS, RCW 39.34.08 and other Washington law, as amended, authorizes any city to enter into an interlocal agreement to permit another city to perform any governmental service, activity or undertaking which either city is authorized by law to perform; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into the Agreement as authorized and provided for by RCW 39.34.080 and other Washington law, as amended; NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein conta.ined, and for other good and valuable consideration, the parties hereto agree as follows: 1. CORRECTIONS FACILITY AVAILABILITY Enumclaw sha11 make available for Federal Way inmates on a"first come, first served" or "space available" basis. 2. COMPENSATION (a) Rates. The cost of Enumclaw's care of all Federal Way inmates herein shall be $55.00 per day, per bed/inmate, effective beginning January 1, 2010 through December 31 St , 2011. The parties agree that Enumclaw will not charge a separate booking fee in addition to such rates. Enumclaw reserves the right to increase the daily bed rate to $65.00 per day with a 90 day written notice to Federal Way prior the increase. (b) Billin�and pavment. Enumclaw agrees to provide Federal Way with an itemized bill listing all Interlocal Jail Services Agreement Page 1 of 6 Between the City of Enumclaw & the City of Federal Way F6i� Enumclaw CITY OF ,,�. Federal CITY HALL W �� 33325 8th Avenue South • PO Box 9718 Federai Way, WA 98063-9718 (253) 835-7000 �nvw aryoftederahvay. com names of inmates who are housed, the case/citation number, the number of days housed (including the date and time of booking and date and time of release), and the dollar amount due for each. Enumclaw agrees to provide said bill by the lOth of each month. Federal Way agrees to make payment to Enumclaw within thirty (30) days of receipt of such bill for the amount billed for the previous calendar month. 3. DURATION OF INMATE STAY/TYPES OF INMATES At the time a person is presented to the Enumclaw Corrections Facility for booking by a Federal Way officer, the Enumclaw corrections staff will determine whether the suspect and/or prisoner will be accepted for booking. Enumclaw reserves the right, in its sole discretion, to not accept persons injured, extremely ill, or exhibiting behavior that presents an obvious danger to the staff or other inmates. In the event a prisoner is not accepted for booking, Enumclaw shall provide written notice (email is acceptable) to the Federal Way Jail Coordinator indicating why booking was declined. (a) Duration of Inmate Stav. The parties agree that the maximum length of stay per inmate, including pre-and post-trial, may not exceed 365 consecutive calendar days per misdemeanor sentence. (b) Tvpes of Inmates accepted bv Enumclaw Corrections Facilitv. Federal Way may not book violent felons into the Enumclaw Corrections Facility. "Violent felon" is defined as any person being held for suspicion, warrant, or arrest for any felony crime against a person. Federal Way may book nonviolent felons for a one-night stay provided that Federal Way transports any such nonviolent felons the following day to another Corrections Facility. (c) Collection of insurance information. Enumclaw agrees to collect medical insurance information from inmates when they are booked into the Enumclaw Corrections Facility pursuant to RCW 70.48.130. 4. RIGHT OF INSPECTION Federal Way shall have the right to inspect, at a11 reasonable times, all of the Enumclaw Corrections Facility in which Federal Way's inmates are confined in order to determine if such Corrections Facility maintains standards of confinement acceptable to Federal Way and that such inmates therein are treated equally regardless or race, religion, color, creed or national origin; provided, however, that Enumclaw shall be obligated to manage, maintain and operate its facilities consistent with.all applicable federal, sta.te and local laws and regulations. 5. FURLOUGHS, PASSES, AND WORK RELEASE Enumclaw agrees that no early releases or alternatives to incarceration, including furloughs, passes, work crews, electronic home detention, or work release shall be granted to any inmate housed pursuant to this Agreement without written authorization by the committing court. Provided, Enumclaw shall be under no obligation to allow furloughs, passes, work crews, electronic home detention or work release. 6. INMATE ACCOUNTS AND VAI,UABLES (a) Enumclaw shall establish and maintain an account for each inmate received from Federal Way and shall credit to such account all money which is received and shall make disbursements, debiting such accounts in accurate amounts for the inmate's personal needs. Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. At either the termination of this Agreement, the inmate's death, or return to either Federal Way or indefinite release to the court, the inmate's money shall be transferred to the inmate's account in care of Federal Way. Upon release from incarceration, Enumclaw shall return any remaining money to the prisoner. (b) Enumclaw shall receive and store property for Federal Way inmates. The property shall fit in a property bag such as a paper grocery bag or small elear plastic bag. Interlocal Jail Services Agreement Page 2 of 6 Between the City of Enumclaw & the City of Federal Way FW Enumclaw GITY OF � Federal Way CITY HALL 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 www ciryofiedera/way. com 7. RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Enumclaw to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for the inmates' physical needs; to make available to them programs and/or treatment consistent with the individual needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require Enumclaw, or any of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agreement, or which are not otherwise required by law. 8. MEDICAL SERVICES (a) Inmates from Federal Way shall receive and Enumclaw shall arrange for such medical, psychiatric and dental treatment as may be necessary to safeguard their health while housed in the Enumclaw Corrections Facility and shall notify Federal Way prior to any consultation for non-emergency outside services. Except for in-house routine minor medical services that can be treated by Enumclaw Corrections Facility staff, Federal Way shall pay directly or reimburse Enumclaw for all costs associated with the delivery of any medical, psychiatric and/or dental services provided to Federal Way inmates; provided that Federal Way has the option to remove inmates, if at Federal Way's discretion, it believes that another Corrections Facility would be more appropriate for addressing the inmate's medical needs. (b) Enumclaw shall keep adequate records of all such services and said records sha11 be available for Federal Way's review at its request. (c) Except in emergencies, Federal Way will be notified by contacting the Federal Way Police Department on duty supervisor or Commander at (253) 835-6851, prior to the inmate's transfer to a hospital and nothing herein shall preclude Federal Way from retaking the ill or injured inmate(s). Any emergency medical, psychiatric, or dental services shall be reported to Federal Way as soon as time permits. (d) If inmates held on Federal Way charges are transported to a local hospital facility, the short term security of said inmates shall be the responsibility of the City of Enumclaw. Short term security is defined as one to two hours. 9. DISCIPLINE Enumclaw shall have physical control over and power to execute disciplinary authority over all Federal Way inmates. However, nothing contained herein shall be construed to authorize or permit the imposition of a type of discipline prohibited by the Laws of the Sta.te of Washington. 10. RECORDS AND REPORTS Enumclaw shall keep a11 necessary and pertinent records concerning Federal Way inmates in the manner mutually agreed upon by the parties hereto. During an inmate's confinement in the Enumclaw Corrections Facility, Federal Way shall upon request be entitled to receive and be furnished with copies of any report or record associated with said inmate(s) incarceration. 11. REMOVAL FROM THE CORRECTIONS FACILITY A Federal Way inmate legally confined in the Enumclaw Corrections Facility shall not be removed there from by any person without written authorization from Federal Way or by order of any court having jurisdiction. Enumclaw agrees that no early releases or alternatives to incarceration, including furloughs, Interlocal Jail Services Agreement Page 3 of 6 Between the City of Enumclaw & the City of Federal Way FW Enumclaw CITY OF � Federal CITY HALL W �� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 www. ciryo/federahvay. com passes, work release, work crews or electronic home detention shall be granted to any inmate without written authorization from the committing court. This paragraph shall not apply to an emergency necessitating the immediate removal of the inmate for medical, dental, psychiatric treatment or other catastrophic condition presenting an imminent danger to the safety of the inmate or to other inmates or Enumclaw Corrections Facility personnel. In the event of any such emergency removal, Enumclaw shall inform Federal Way of the whereabouts of the inmate or inmates so removed, at the earliest practicable time, and shall exercise all reasonable care for the safekeeping and custody of such inmate or inmates. 12. ESCAPES In the event any Federal Way inmate shall escape from Enumclaw's custody, Enumclaw will use all reasonable means to recapture the inmate. The escape sha11 be reported immediately to Federal Way. Enumclaw shall have the primary responsibility for and authority to file escape charges and direct the pursuit and retaking of the inmate or inmates within its own jurisdiction. Any cost in connections therewith shall be chargeable to and borne by Enumclaw; however, Enumclaw shall not be required to expend unreasonable amounts to pursue and return inmates from other states or other countries. 13. DEATH OF AN INMATE (a) In the event of the death of a Federal Way inmate, the King County Coroner shall be notified. Federal Way shall receive copies of any records made at or in connection with such notification. (b) Enumclaw shall immediately notify Federal Way of the death of a Federal Way inmate, furnish information as requested and follow the instructions of Federal Way with regard to the disposition of the body. The body shall not be released except on written order of the appropriate officials of Federal Way. Written notice pertaining to the release shall be provided within three weekdays of receipt by Federal Way of notice of such death. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by Federal Way. With Federal Way's consent, Enumclaw may arrange for burial ancl all matters related or incidental thereto, and all such expenses shall be paid by Federal Way. The provisions of this paragraph shall govern only the relations between or among the parties hereto and shall not affect the liability of any relative or other person for the disposition of the deceased or for any expenses connected therewith. (c) Federal Way shall receive a certified copy of the death certificate for any of its inmates who have died while in Enumclaw's custody. 14. REMOVING OF INMATES Upon request from Enumclaw, Federal Way shall, at its expense, remove any Federal Way inmate not meeting the intake criteria outlined in part 3 above, within (4) hours after receipt of such request. In the event the confinement of any Federal Way inmate is terminated for any reason, Federal Way shall, at its expense, retake such inmate from the Enumclaw Corrections Facility. In the event Enumclaw requests a prisoner be removed, Enumclaw shall provide written notice (email is acceptable) to the Federal Way Jail Coordinator indicating why Enumclaw requested removal of the Inmate. 15. GOVERNING LAW The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to an inmate(s) confined pursuant to the Agreement. 16. DURATION - This Agreement shall enter into full force and effect from January 1 S `, 2010, and end December 31 Sc, [nterlocal Jail Services Agreement Page 4 of 6 Between the City of Enumclaw & the City of Federal Way FW Enumclaw CITY OF � Federal CITY HALL W �� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 www. cityoftederalway. com 2011, subject to earlier termination as provided by Section 17 herein. This Agreement may be renewed for one year successive periods under such terms and conditions as the parties may determine. Nothing in the Agreement shall be construed to require Federal Way to house inmates in the Enumclaw Corrections Facility continuously. 17. TERMINATION (a) By either party. This Agreement may be terminated by written notice from either party to the other party delivered by regular mail to the contact person identified herein, provided that termination shall become effective sixty (60) working days after receipt of such notice. Federal Way agrees to remove any inmate(s) from the Enumclaw Corrections Facility by the close of said sixty (60) day notice period. (b) By Federal Way due to lack of funding. The obligation of Federal Way to pay Enumclaw under the provision of this Agreement beyond the close of the current fiscal year (December 31, 2010) is expressly made contingent upon the appropriation, budgeting availability of sufficient funds by Federal Way. In the event that such funds are not budgeted, appropriated or otherwise made available for the purpose of payment under this Agreement at any time after December 31, 2010, then Federal Way shall have the option of terminating the Agreement upon written notice to Enumclaw, except that all services provided to that point shall be compensated at the agreed rate. The termination of this Agreement for this reason will not cause any penalty to be charged to Federal Way. (c) In the event of termination of this Agreement for any reason, Federal Way sha11 compensate Enumclaw for prisoners housed by Enumclaw after notice of such termination until Federal Way retakes its inmates. Compensation shall be paid in the same manner and at the same rates set forth under Section 2, just as if this agreement had not been terminated. 18. MAILING ADDRESSES . All notices, reports, and correspondence to the respective parties of this Agreement sha11 be sent to the following: City of Enumclaw: Contact Person: City of Enumclaw 1705 Wells Street Enumclaw, WA 98022 Tyler M. Chilman, Assistant Jail Commander City of Federal Way: City of Federal Way 33325 8�' Ave. S. PO Box 9718 Federal Way, WA 98063-9718 Contact Person: Beth Meshkoff, Jail Coordinator 19. HOLD HARMLESS AND INDEMNIFICATION Enumclaw will assume the liability for the custody and care of Federal Way prisoners once they are in the custody of Enumclaw. Enumclaw shall defend, indemnify and hold Federal Way, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of Federal Way and for any claims of false arrest or false imprisonment, for which Federal Way shall defend, indemnify and hold Enumclaw harmless, including Interlocal Jail Services Agreement Page 5 of 6 Between the City of Enumclaw & the City of Federal Way FW Enumclaw GITY OF , �... Federal Way CITY HALL 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 www. cityoffederahvay. com reasonable attorneys fees. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Enumclaw and Federal Way, its officers, officials, employees, and volunteers, Enumclaw's liability hereunder shall be only to the extent of Enumclaw's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Enumclaw's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 20. MISCELLANEOUS (a) Federal Way prisoners incarcerated in the Enumclaw Corrections Facility pursuant to this Agreement shall be transported to Enumclaw by and at the expense of Federal Way and shall be returned, if necessary, to Federal Way by Federal Way personnel and at Federal Way's expense. Enumclaw is not responsible for transportation of Federal Way prisoners under this Agreement and shall be reimbursed by Federal Way for any actual expenses incurred in transport of an inmate if, in fact, transportation of an inmate by Enumclaw becomes necessary. (b) A copy of this agreement, once executed, will be filed with King County as required by RCW 39.34.040. (c) This Agreement replaces and supersedes all prior agreements between the Parties relating to Corrections Facility services. 1N WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made effective on the day and year first above written: CITY OF FEDERAL WAY Brian Wilson, City Manager/Chief of Police ATTEST: Carol McNeilly, CMC, City Clerk CITY OF ENUMCLAW City of Enumclaw, Mayor ATTEST: City of Enumclaw, City Clerk Approved as to Form: Patricia A. Richardson, City Attorney Approved as to Form: City of Enumclaw, City Attorney Interlocal Jail Services Agreement Page 6 of 6 Between the City of Enumclaw & the City of Federal Way FW Enumclaw COUNCIL MEETING DATE: March 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:_� SUBJECT Interlocal Agreement between the City of Fife, Waslungton and the City of Federal Way, Washington, for the Housing of Inmates in the Fife City Jail. POLICY QUESTION Should the City of Federal Way / Federal Way Police Department enter into an Agreement with the City of Fife for Jail Services? COMMITTEE Parks, Recreation, and Public Safety Council Committee CATEGORY: � Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: CONNIE SHUPP, ACTTNG COMMANDER Attachments: 1. PRHS&PS Memo 2. Interlocal Cooperative Agreement for Jail Services with the City of Fife Options Considered: 1. Accept the Interlocal Cooperative Agreement for Jail Services 2. Rej ect Agreement MEETING DATE March 9 , 201 O ❑ Public Hearing ❑ Other DEP'r: Police Department STAFF RECOMMENDATION Staff recommends Option 1. CITY MANAGER APPROVAL: � N�� G . 1`^� �IRECTOR APPROVAL: �a,,.. 9/� Committee Council Comm' ee Cou cil COMMITTEE RECOMMENDATION: PRPS recommends Option _ C C Committee Member Committee Member PROPOSED COUNCIL MOTION "I move approval of the Interlocal Cooperative Agreement between the City of Federal Way and the City of Fife for the housing of inmates in the Fife Jail, effective January 1 2010 through December 31, 2011, for a daily rate of $67.00, and authorize City Manager / Police Chief Brisn Wilson to sign such Agreement". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO AC'I'ION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # COUNCIL MEETING DATE: March 16, 2010 ITEM #:_ _. _ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.TECT: Interlocal Agreement between the City of Fife, Washington and City of Federal Way, Washington, for the Housing of Inmates in the Fife City JaiL POLICY QUESTION Should the City of Federal Way / Federal Way Police Department enter into an Agreement with the City of Fife for Jaii Services? COMMITTEE Parks, Recreation, and Public Safety Counci( Committee CATEGORY: � Consent ❑ City Council Business STAFF REPORT BY ❑ Ordinance ❑ Resolution SHUPP, ACTING COMMANDER Attachments: 1. PRHS&PS Memo 2. Interlocal Cooperative Agreement for Jail Services with the City of Fife Options Considered: 1. Accept the Interlocal Cooperative Agreement for Jail Services 2. Reject Agreement STAFF RECOMMENDATION Staff recommends Option 1. CITY MANAGER APPROVAL;� (1.l,��,I�v/V ,��M ` Committee Council COMMITTEE RECOMMENDATION: PRPS recommends Option _ �.—�. _ / -_, \ .�., A Committee Chair APPROVAL: 3�� o �OPOSED COUNCIL MOTION "I move approval of the Interlocal Cooperative Agreement between the City of Federal Way, and the City of Fife for the housing of inmates in the Fife Jail, and authorize Interim City Manager / Police Chief Brian Wilson to sign such Agreement" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED l reading ❑ TABLED/DEFERRED/NO ACI'ION Enactment reading ❑ MOVED TO SECOND READING (ordinances oxly) ORDINANCE # RE V ISED - 02/06/2006 RESOLUTION # MEETING DATE March 9 , 201 O ❑ Public Hearing ❑ Other DEPT Police Department CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: March 9, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, Interim City Manager / Police Chief FROM: Andy J. Hwang, Assistant Police Chief SUBJECT: Interlocal Agreement between the City of Federal Way and the City of Fife Jail Services. Back r� The City of Federal Way currently has Inter-local agreements with several jurisdictions for jail services (Auburn, Enumclaw, Fife, King County and Yakima County) to house misdemeanor inmates. The City of Federal Way has had an Inter-local agreement with the City of Fife since 2001. The Fife Jail's geographic loca�tion reduces the amount of time patrol officers are outside of the city booking arrestees. The agreement requires that a minimum of ten (10) beds be allocated daily for the use of Federal Way inmates. The agreement with Fife, in conjunction with several other agreements will be for the duration of January 1, 2010 to December 2011, which will adequately fulfill our needs until the SCORE facility opens. CITY OF � Federal CITY HALL W �� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 �nvw aryoffederahvay. mm INTERLOCAL AGREEMENT BETWEEN THE CITY OF FIFE, WASHINGTON AND THE CITY OF FEDERAL WAY, WASHINGTON FOR THE HOUSING OF INMATES IN THE FIFE JAIL THIS INTERLOCAL AGREEMENT is dated effective this l of January 2010 by and between the City of Federal Way, Washington, a Municipal Corporation, and the City of Fife, Washington, a Municipal Corporation, each party having been duly organized and now existing under the laws of the State of Washington. WITNESSETH: WHEREAS, the Chief of Police for the City of Fife (hereinafter "Fife") is authorized by law to have charge and custody of the City of Fife Jail (hereinafter "Fife Jail"); and WHEREAS, the City Manager for the City of Federal Way (hereinafter "Federal Way") is authorized by law to have charge and custody of Federal Way prisoners or inmates; and WHEREAS, Federal Way wishes to designate the Fife Jail as a place of confinement for the incarceration of one or more inmates lawfully committed to its custody; and WHEREAS, Fife desires to accept and keep in its custody such inmate(s) in the Fife Jail for a rate of compensation mutually agreed upon by the parties hereto; and WHEREAS, RCW 39.34.08 and other Washington law, as amended, authorizes any city to enter into an interlocal agreement to permit another city to perform any governmental service, activity or undertaking which either city is authorized by law to perform; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into the Agreement as authorized and provided for by RCW 39.34.080 and other Washington law, as amended; NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valua.ble consideration, the parties hereto agree as follows: L JAIL AVAILABILITY Fife shall make available for Federal Way inmates a minimum of ten (10) beds per day, and shall accept and house a minimum of ten (10) Federal Way inmates per day. Fife also agrees to make additional beds in excess of ten (10) available to Federal Way on a"first come, first served" or "space available" basis. 2. COMPENSATION (a) Rates. The cost of Fife's care of all Federal Way inmates herein shall be $67.00 per day, per bed/inmate, effective beginning January l, 2010 through December 31 2011. The parties agree that Fife will not charge a separate booking fee in addition to such rates. (b) Minimum Char�e. The City of Federal Way agrees to commit to and pay for ten (10) beds per day, at the rate set forth in Section 2(a) above. Fife shall make any contracted bed not used by Federal Way available [nterlocal Jail Services Agreement Page 1 of 6 Between the City of Fife & the City of Federal Way FW Fife CITY OF CITY HALL � Fe d e ra I Way 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 �wvw ciryolfederafway mm for use by other agencies. If the bed is used by another agency then $67.00 per bed for each day will be credited to Federal Way's bill as set forth in Section 2(c) below. Provided, however, Fife reserves the right to fill other empty beds in its facility before offering the Federal Way beds to other agencies. (c) Billin�pavment Fife agrees to provide Federal Way with an itemized bill listing all names of inmates who are housed, the case/citation number, the number of days housed (including the date and time of booking and date and time of release), and the dollar amount due for each. The bill shall reflect the minimum charge provided for in Section 2(b) above, and charges for any inmates in excess of ten (10) inmates per day (under Section 1 above), less credit for all income received by Fife from other agencies for their use of the Federal Way's ten (10) contracted beds as provided for in Section 2(b) above. Fife agrees to provide said bill by the lOth of each month. Federal Way agrees to make payment to Fife within thirty (30) days of receipt of such bill for the amount billed for the previous calendar month. 3. DURATION OF INMATE STAY/TYPES OF INMATES At the time a person is presented to the Fife Jail for booking by a Federal Way officer, the Fife corrections staff will determine whether the suspect and/or prisoner will be accepted for booking. Fife reserves the right, in its sole discretion, to not accept persons injured, extremely ill, or e�ibiting behavior that presents an obvious danger to the staff or other inmates. In the event a prisoner is not accepted for booking, Fife shall provide written notice (email is acceptable) to the Federal Way Jail Coordinator indicating why booking was declined. (a) Duration of Inmate Stav. The parties agree that the m�imum length of stay per inmate, including pre-and post-trial, may not exceed 30 consecutive calendar days. (b) Types of Inmates accepted by Fife Jail. Fife will not accept female prisoners for booking into the Fife Jail until such time that Fife equips the Fife Jail to accommodate female prisoners. Federal Way may not book violent felons into the Fife Jail. "Violent felon" is defined as any person being held for suspicion, warrant, or arrest for any felony crime against a person. Federal Way may book nonviolent felons for a on�night stay provided that Federal Way transports any such nonviolent felons the following day to anoth� jail facility. (c) Collection of insurance information. Fife agrees to collect medical insurance information from inmates when they are booked into the Fife Jail pursuant to RCW 70.48.130. 4. RIGHT OF INSPECTION Federal Way shall have the right to inspect, at all reasonable times, all of the Fife Jail in which Federal Way's inmates are confined in order to determine if such jail maintains standards of confinement acceptable to Federal Way and that such inmates therein are treated equally regardless or race, religion, color, creed or national origin; provided, however, that Fife shall be obligated to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws and regulations. 5. FURLOUGHS, PASSES, AND WORK RELEASE Fife agrees that no early releases or alternatives to incarceration, including furloughs, passes, work crews, electronic home detention, or work release shall be granted to any inmate housed pursuant to this Agreement without written authorization by the committing court. Provided, Fife shall be under no obligation to allow furloughs, passes, work crews, electronic home detention or work release. 6. INMATE ACCOUNTS AND VALUABLES (a) Fife sha11 estabiish and maintain an account for each inmate received from Federal Way and shall credit to such account all money which is received and shall make disbursements, debiting suoh accounts in accurate amounts for the inmate's personal needs. Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. At either the termination of this Agreement, the inmate's death, Interlocal Jail Services Agreement Page 2 of 6 Between the City of Fife & the City of Federal Way FW Fife ` tI7Y OF CITY HALL � Fe d e ra I Way 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 �wvw. ciryotfederalway. com or return to either Federal Way or indefinite release to the court, the inmate's money shall be transferred to the inmate's account in care of Federal Way. Upon release from incarceration, Fife shall return any remaining money to the prisoner. (b) Fife shall receive and store property for Federal Way inmates. The property shall fit in a property bag such as a paper grocery bag or small clear plastic bag. 7. RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Fife to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for the inmates' physical needs; to make available to them programs and/or treatment consistent with the individual needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require Fife, or any of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agreement, or which are not otherwise required by law. 8. MEDICAL SERVICES (a) Inmates from Federal Way shall receive and Fife shall arrange for such medical, psychiatric and dental treatment as may be necessary to safeguard their health while housed in the Fife Jail and shall notify Federal Way prior to any consultation for norremergency outside services. Except for in-house routine minor medical services that can be treated by Fife Jail staff, Federal Way shall pay directly or reimburse Fife for all costs associated with the delivery of any medical, psychiatric andlor dental services provided to Federal Way inmates; provided that Federal Way has the option to remove inmates, if at Federal Way's discretion, it believes that another jail would be more appropriate for addressing the inmate's medical needs. (b) Fife shall keep adequate records of all such services and said records shall be available for Federal Way's review at its request. (c) Except in emergencies, Federal Way will be notified by conta.cting the Federal Way Police Department on duty supervisor or Commander at (253) 835-6851, prior to the inmate's transfer to a hospital and nothing herein shall preclude Federal Way from retaking the ill or injured inmate(s). Any emergency medical, psychiatric, or dental services shall be reported to Federal Way as soon as time permits. (d) If inmates held on Federal Way chazges are transported to a local hospital facility, the short term security of said inmates shall be the responsibility of the City of Fife. Short term security is defined as less than eight (8) hours. (e) If inmates held on Federal Way domestic violence related charges or driving under the influence (DUI) charges are transported to a local hospital facility, the security of said inmates sha11 be the responsibility of the City of Fife. 9. DISCIPLINE Fife shall have physical control over and power to execute disciplinary authority over all Federal Way inmates. However, nothing contained herein shall be construed to authorize or permit the imposition of a type of discipline prohibited by the Laws of the State of Washington. 10. RECORDS AND REPORTS Fife shall keep all necessary and pertinent records concerning Federal Way inmates in the manner mutually agreed upon by the parties hereto. During an inmate's confinement in the Fife Jail, Federal Way shall upon request be entitled to receive and be furnished with copies of any report or record associated with said [nterlocal Jail Services Agreement Page 3 of 6 Between the City of Fife & the City of Federal Way FW Fife CITY Of � Federal inmate(s) incarceration. CITY HALL W �� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www cityoffederahvay. com 11. REMOVAL FROM THE JAIL A Federal Way inmate legally confined in the Fife Jail shall not be removed there from by any person without written authorization from Federal Way or by order of any court having jurisdiction. Fife agrees that no early releases or alternatives to incarceration, including furloughs, passes, work release, work crews or electronic home detention shall be granted to any inmate without written authorization from the committing court. This paragraph shall not apply to an emergency necessitating the immediate removal of the inmate for medical, dental, psychiatric treatment or other catastrophic condition presenting an imminent danger to the safety of the inmate or to other inmates or Fife Jail personnel. In the event of any such emergency removal, Fife shall inform Federal Way of the whereabouts of the inmate or inmates so removed, at the earliest practicable time, and shall exercise all reasonable care for the safekeeping and custody of such inmate or inmates. 12. ESCAPES In the event any Federal Way inmate shall escape from Fife's custody, Fife will use all reasonable means to recapture the inmate. The escape shall be reported immediately to Federal Way. Fife shall have the primary responsibility for and authority to file escape charges and direct the pursuit and retaking of the inmate or inmates within its own jurisdiction. Any cost in connections therewith shall be chargeable to and borne by Fife; however, Fife shall not be required to expend unreasonable amounts to pursue and return inmates from other states or other countries. 13. DEATH OF AN INMATE (a) In the event of the death of a Federal Way inmate, the Pierce County Coroner shall be r�tified. Federal Way shall receive copies of any records made at or in connection with such notification. (b) Fife shall immediately notify Federal Way of the death of a Federal Way inmate, furnish information as requested and follow the instructions of Federal Way with regard to the disposition of the body. The body shall not be released except on written order of the appropriate officials of Federal Way. Written notice pertaining to the release shall be provided within three weekdays of receipt by Federal Way of notice of such death. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by Federal Way. With Federal Way's consent, Fife may arrange for burial and all matters related or incidental thereto, and all such expenses shall be paid by Federal Way. The provisions of this paragraph shall govern only the relations between or among the parties hereto and sha11 not affect the liability of any relative or other person for the disposition of the deceased or for any expenses connected therewith. (c) Federal Way shall receive a certified copy of the death certificate for any of its inmates who have died while in Fife's custody. 14. REMOVING OF INMATES Upon request from Fife, Federal Way shall, at its expense, remove any Federal Way inmate not meeting the intake criteria outlined in part 3 above, within (4) hours after receipt of such request. In the event the confinement of any Federal Way inmate is terminated for any reason, Federal Way shall, at its experise, retake such inmate from the Fife Jail. In the event Fife requests a prisoner be removed, Fife sha11 provide written notice (email is acceptable) to the Federal Way Jail Coordinator indicating why Fife requested removal of the Inmate. 15. GOVERNING LAW The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to an inmate(s) confined pursuant to the Agreement. Interlocal Jail Services Agreement Page 4 of 6 Between the City of Fife & the City of Federal Way FW Fife ` CITY OF ,� Federal CITY HALL W �� 33325 8th Avenue South • PO Box 9718 Federal Way. WA 98063-9718 (253)835-7000 www aryoffederahvay com 16. DURATION This Agreement sha11 enter into full force and effect from January l 2010, and end December 31 2011, subject to earlier termination as provided by Section 17 herein. This Agreement may be renewed for one year successive periods under such terms and conditions as the parties may determine. Nothing in the Agreement shall be construed to require Federal Way to house inmates in the Fife Jail continuously. 17. TERMINATION (a) By either party. This Agreement may be terminated by written notice from either party to the other party delivered by regular mail to the contact person identified herein, provided that termination shall become effective sixty (60) working days after receipt of such notice. Federal Way agrees to remove any inmate(s) from the Fife Jail by the close of said sixty (60) day notice period. (b) By Federal Way due to lack of funding. The obligation of Federal Way to pay Fife under the provision of this Agreement beyond the close of the current fiscal year (December 31, 2010) is expressly made contingent upon the appropriation, budgeting availability of sufficient funds by Federal Way. In the event that such funds are not budgeted, appropriated or otherwise made available for the purpose of payment under this Agreement at any time after December 31, 2010, then Federal Way shall have the option of terminating the Agreement upon written notice to Fife, except that all services provided to that point sha11 be compensated at the agreed rate. The termination of this Agreement for this reason will not cause any penalty to be charged to Federal Way. (c) In the event of termination of this Agreement for any reason, Federal Way shall compensate Fife for prisoners housed by Fife after notice of such termination until Federal Way retakes its inmates. Compensation shall be paid in the same manner and at the same rates set forth under Section 2, just as if this agreement had not been terminated. 18. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: Crty of Fife: Contact Person: City of Fife 5411 23rd St E Fife, WA 98424-2061 Steve Worthington, City Manager City of Federal Way: City of Federal Way 33325 8�' Ave. South PO Box 9718 Federal Way, WA 98063-9718 Contact Person: Beth Meshkoff, Jail Coordinator 19. HOLD HARMLESS AND INDEMNIFICATION Fife will assume the liability for the custody and care of Federal Way prisoners once they are in the custody of Fife. Fife shall defend, indemnify and hold Federal Way, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of Federal Way and for any claims of false arrest or false imprisonment, for which Interlocal Jail Services Agreement Page 5 of 6 Between the City of Fife & the City of Federal Way FW Fife CITY OF � Federal CITY HALL W �� 33325 Sth Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 www aryo�edera/way com Federal Way shall defend, indemnify and hold Fife harmless, including reasonable attorneys fees. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Fife and Federal Way, its officers, officials, employees, and volunteers, Fife's liability hereunder shall be only to the extent of Fife's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Fife's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 20. MISCELLANEOUS (a) Federal Way prisoners incarcerated in the Fife Jail pursuant to this Agreement shall be transported to Fife by and at the expense of Federal Way and shall be returned, if necessary, to Federal Way by Federal Way personnel and at Federal Way's expense. Fife is not responsibie for transportation of Federal Way prisoners under this Agreement and shall be reimbursed by Federal Way for any actual expenses incurred in transport of an inmate if, in fact, transportation of an inmate by Fife becomes necessary. (b) A copy of this agreement, once executed, will be filed with King County and Pierce County, as required by RCW 39.34.040. (c) This Agreement replaces and supersedes all prior agreements between the Parties relating to jail services. IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made effective on the day and year first above written: CITY OF FEDERAL WAY Brian Wilson, City Manager/Chief of Police CITY OF FIFE Steve Worthington, City Manager Brad Blackburn, Chief of Police ATTEST: Carol McNeilly, CMC, City Clerk Approved as to Form: Patrieia A. Richardson, City Attorney ATTEST: Marlyn Campbell, City Clerk Treasurer Approved as to Form: Loren combs, City Attorney Interlocal Jail Services Agreement Page 6 of 6 Between the City of Fife & the City of Federal Way FW Fife COUNCIL MEETING DATE: , ITEM #:_ Ma�1� 1 l�v_} . ?-o_�_D. - CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT 2010 CARRY-FORWARD BUDGET ADJUSTMENT POLICY QUESTION: Should the City approve the 2010 Carry-Forward Budget Adjustment? COMMITTEE: Finance, Economic Development and Regional Affairs MEETING DATE: February 23, 2010 CATEGORY: ❑ Consent � Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAF RE PORT BY: Tho Kraus, Finance Director �1 "' DEP T: F inance Attachments: Budget Adjustment Memo, Carry-Forward Budget Requests and Ordinance Options Considered: 1. Approve the 2010 Carry-Forward Budget Adjustment Ordinance as presented. 2. Provide direction to staff on modifications to the 2010 Carry-Forward Budget Adjustment Ordinance and forward to the full Council at the next regular Council meeting. STAFF RECOMMENDATION Option 1. CITY MANAGER APPROVAL: ��/�I[ W�o� � .�` In/ '�1 °� °� DIRECTOR APPROVAL: 111� �_ Committee Council Comm�ittee Council COMMITTEE RECOMMENDATION "1 move to forward the 2010 Carry-Forward Budget Adjustment in the amount of $44,109, 042 to full Council at the March 2" Council meeting for frrst reading. " __ � Mike Park, PROPOSED COUNCIL MOTION: Burbidge, Member 1 ST READING OF ORDINANCE (MARCH 2, 2010): "I move approval of the proposed ordinance to second reading and enactment at the March 16, 2010 Council Meeting." 2 r1D READING AND ENACTMENT OF ORDINANCE (MARCH 16, 2010): "I move approval of the proposed ordinance." (BELOR'TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: Q ❑ APPROVED COUNCIL BILL # �Zt') ❑ DENIED 1sT reading 3' Z. ' l� � TABLEDNEFERRED/NO AC1'ION Enactment reading � MOVED TO SEGOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION,# Ordinance No.10- Page 1 of 7 Rev 1/10 CITY OF FEDERAL WAY MEMORANDUM Date: To Via: From: Subject: February 16, 2010 Finance, Human Services & Regional Affairs Committee Brian Wilson, City Manager/Police Chief 'Tho Kraus, Finance Director "�— 2010 Carry Forward Budget Adjustment Ordinance BACKGROUND The proposed cany forward budget adjustment makes the following types of modifications to the 2010 budget: 1. Revise Beginning Fund Balance — adjust the beginning fund balance from the estimated amount used during budget deliberation to the actual as we conclude fisca12009 activities; 2. Continue Existing Projects — appropriate projects that were budgeted in the prior year, but not completed and will continue during the current year; 3. Grant Funded Projects — appropriate projects funded by grants and contributions; 4. Technical Adjustments — incorporate programs Council previously approved, and 5. New Programs — appropriate projects not previously approved by Council. GENERAL& STREET FUND OPERATIONS: The General and Street Fund 2009 actual ending fund balance of $835M is $1.401vi over and above the $6.94M projected for 2009 year-end. However, the entire $1.40M additional fund balance is needed to implement the proposed budget adjustanent. The $1.40M increase in ending fund balance is made up of $1.SOM in unspent expenditures and $104K in lower revenues than anticipated. The source of decrease in revenues are grants & other one-time ($390K), prop 1 utility tax ($81K), franchise fees ($15K) offset by increases in property tax ($157K), court revenue ($53K), police services ($29K), interest & miscellaneous ($29K), intergovernmental & leasehold tax ($28K), recreation fees ($27K), building & development fees ($18K), gambling tax ($17K), licenses ($11K), sales tax ($SK), criminal justice sales tax ($4K), and streamlined sales ta}c ($3K). The General and Street Fund Budget Adjustments total $1,929K (excludes $175K GeneraUStreet Fund inter-fund transfer) includes: • $1,069K for continuation of existing programs; • $467K in grant funded projects; • $30K in technical adjustments; and � $363K in new programs. Continue Ezisting Projects: • $19K in Information Technology internal service charges for city-wide server migration; • $230K in Risk Management internal service charges for outstanding 2009 claim ($SK) and insurance deductibles for settled and pending cases ($225K); + $12K in City Council for Sister City and Washington DC trip; • $83K m Economic Development for city center redevelopment (architectural design review of mixed-use projects and environmental & land use review of significant city center projects); • $259K in Community Development for permit system upgrade funded by automation fees ($58K), graffiti program ($16K), human services contracts ($63K), King County recording fees ($2K), Shoreline Master Plan ($35K), and nuisance abatement ($84K); • $78K in Human Resources/City Clerk for FMLA temporary help {$20K), election costs ($32K), wellness program & flu shots ($4K), education assistance ($12K) and labor negotiations ($lOK); 2010 CFAdj Memo • $85K in Law for FMLA temporary help ($15K) and outside legal counsel for pending litigation ($70K); • $57K in Parks, Recreation & Culrizral Services for wire theft ($38K) and Arts Commission contracted services ($19K); • $91K in Police for asset forfeiture proceeds ($21K), explorer donations ($12K), Bulletproof Vest Program grant match ($16K), K9 vest ($3K), and education assistance ($40K); and • $155K in Public Works for EOC temporary help ($28K), joint EOC funds ($49K), EOC community�reparedness grant program ($69K) and flashing yellow light arrow signal indication on South 348�' St @ 9 Ave South ($1-0K). Grant Funded Projects: • $85K in City Manager's Office for energy efficiency ($75K) and public defender services ($lOK); • $8K in Municipal Court for interpreter services ; • $317K in Police for gang analyst ($39K), police equipment ($118K), bulletproof vest program ($16K), patrol task force ($72K}, and registered sex offender ($71K); and � $57K in Public Works for commute trip reduction. Technical Adjustments: • $30K in Police for Special Operations Unit bicycles, equipment and uniforms previously approved by Council; • $0 impact for decentralization of the $19K Graphics budget from Government Affairs & Communications division to Parks ($13.8K), City Clerk ($1.2K), Community Development ($13K) and Govemment Affairs &c Communications ($2.SK). New Programs: • $16K in City Manager's Office for Enterprise Seattle dues increase ($SK) which will allow the Mayor/designee a seat on the board; and Electronic Communications System one-time start-up costs ($11K). The start-up costs include: design of new City e-newsletter, and up to 20 topic-specific mastheads; design of postcard/newspaper ad/poster for the new newsletter in three languages (Korean, Spanish and Russian), postcard printing and online/print ads soliciting sign-ups for the newsletter. • $7K in Community Development for temporary help to work on CDBG feasibility study ($3K) and ongoing m&o for graffiti removal machine. T'he study will determine the feasibility of converting from a consortium to entitlement city. The ongoing m&o budget was not established for the graffiti machine at the time Council approved the equipment purchase and associated replacement reserves. At that time, staff did not know what the m&o cost would be. With the graffiti removal machine in service and in need of maintenance, staff has obtained an estimate. • $122K in Police for early replacement of three patrol supervisor vehicles ($29K) and increase excess reserves using gas savings ($93K)_ These three Crown Victorias were purchased in 2005 as police support officer vehicles � and placed on an eight year replacement schedule with full replacement reserves accumulated at the end of 2013. The proposal is to replace with Chevy Tahoes and outfitted in a manner which will be more suitable as patrol supervisor vehicles. In addition, the Police Deparhnent seeks Council authorization to retain an additional secondary vehicle (MAIT On-Call vehicle) bringing the total Council authorized secondary vehicles to 14. • $ZOOK in Risk Management internal service charges for pending insurance deductibles. The City has not traditionally set aside funds for future pending insurance deductibles but would like to request Council's approval to be proactive and conservatively budget these expenditures using excess General Fund balance. The $200K covers approximately half of the pending deductibles. 2010 CFAdj Memo DESIGNATED OR PROJECT SPECIFIC FUNDS: The remaining adjustments are for continuation of designated programs or capital project funds, transfer of project savings to the originating fund and a couple of new programs. These adjustments include: • $39.6M in CIP Funds for continuation of projects ($39.OM), technical adjustments for business incubator project and implementation plan for medical device innovation & commercialization incubator ($345K), return of unspent balances to the General Fund ($61K), and new program requests ($237K). The $61K transfer of project savings to the General Fund comes from Emergency Equipment CIP project savings. The new program requests of $237K includes: o Closing out $86K Federal Way Community Center CIP unallocated balance to Federal Way Community Center Capital Reserves to be used for future capital maintenance. The unallocated balance includes $19K received from Federal Way Rotary donations which were designated specifically for FWCC capital reserves. Actual use of these reserves would require Council approvaL o Closing out $151K unallocated facilities CIP (unallocated proceeds from sale of old city hall) to the Buildings & Furnishings replacement reserves fund. The additional reserves would help cover some items that are either not accumulating reserves or not collecting enough reserves such as the HVAC and security system. • $416K in Special Revenue Funds for arterial streets overlay ($233K), downward adjustment to solid waste & recycling grants to reflect actual grant award (-$SSK), tr safety/red light photo ($SOK) for potential charges such as King County maintenance which staff will report actual expenditures incurred in the monthly financial report; and hoteUmotel lodging tax ($188K). � $183K in Enterprise Funds for Knutzen Family Theatre repairs & maintenance ($2K); DBC Marketing Study and Implementation ($70K); Surface Water Management related expenditures ($111 K) for sea lettuce removal, outstanding Watershed Resource Inventory Area invoice, Steel Lake Management District, Department of Ecology grant and Northlake Management District Annual expenses based on assessments. • $721 K in Internal Service Funds for items previously mentioned under GeneraUStreet Fund such as Risk Management deductibles, city-wide server migration, police vehicles, etc. • $1,086K in Non-annually Budgeted Funds for Government Access Channel ($271K) and CDBG grant funded projects ($814K). TOTAL BUDGETADJUSTMENT: The budget adjustment totals $44,109,042. Please see attached list for details of City Manager recommended carry-forward adjustments 2010 CFAdj Memo Generai & Street Fund - 2009 Results of Operations Year2009 Budget Summa of Sources 8 Uses Bud et Actual vs Actual Car forward Re uest Beginning Fund Balance $ 5,642,307 $ 5,642,307 $ - $ 1,402,940 OPERATING REVENUES Property Taxes 9,287,000 9,443,649 156,649 - Sales Tax 10,578,000 10,583,302 5,302 - treamlined Sales Tax - 3,362 3,362 - riminal Justice Sales Tax 1,740,000 1,743,893 3,893 - Intergovemmental & Leasehold 2,428,000 2,455,956 27,956 - amblingTaues 1,110,000 1,127,204 17,204 - Court Revenue 1,502,101 1,555,110 53,009 - Building Permits/Development Fees 1,586,000 1,603,798 17,798 - Licenses 240,000 250,919 10,919 - Franchise Fees 965,000 950,213 (14,787) - Recreation Fees 779,000 806,278 27,278 - Police Services 761,000 789,543 28,543 - dmin/Cash Management Fees 828,424 628,887 463 (1,500) Reduce Lodging Tax Admin Fees InteresUPassportslOther 393,039 422,470 29,431 - ransfer In UTax - Non Prop 1 6,501,606 6,501,606 - Transfer In UTax - Prop 1 Voter Package 3,399,168 3,318,163 (81,005) - ransfer In Red Light Photo - Police, Ct, Traffic 830,000 830,000 - - otal0 ratin Revenues 42,728,338 43,014,353 286,015 (1,500) OPERATING EXPENDITURES ity Council 436,493 436,859 (366) 11,500 Sister City $6.SK; WA DC Trip $SK City Manager 1,844,694 1,762,952 81,742 95,680 EECBG Grent $75K; Pubiic Defender Grent $10K, Electronic Communication System (enewsletter) $11 K unicipal Court 1,505,133 1,660,809 (155,676) 8,469 Interpreter Services $8K Economic Development 488,961 354,993 133,968 87,670 City Center Redevelopment $83K; Enterprise Seattle $5K Human Resources/City Clerk 1,027,476 951,290 76,186 78,499 FMLA Temp Help $20K; Election Costs $32K; Wellness & Flu Shots $SK; Education Assistance $72K; Labor Negotiations $10K Finance 970,847 898,863 71,984 - Law 1,550,762 1,433,805 116,957 85,000 FMLA Temp Help $15K; Outside Legal Counsel $70K Community Development 4,067,399 3,770,864 296,535 265,958 Permit System $58K; Human Services Contracts $63K; Temp Help $3K; Shoreline Master Plan $35K; Nuisance Abatement $&4K; Graffiti Program $16K; Temp Help $3K; KC Recording Fees $2K+Graffiti Removal Machine Ongoing M&O $4K Police & Jail Services 25,341,615 24,451,380 890,235 559,425 Seizures $21K; Explorer ponations $12K; Grants $332K; Special Operetions Unit $30K; Replace Patrol Supervisor Vehicles $30K; K9 Vest Donation $3K; Education Assistance $40K; 1-Time Contribution to Replacement Reserves $92K; Parks and Recreation 3,875,775 3,842,171 33,604 56,728 Wire Theft $38K; Arts Comm Contracted Services $19K Public Works 4,889,570 4,307,345 582,225 231,685 City Hall Street Light $20K; Joint EOC Funds $49K; EOC Temp Help $28K; Community Preparedness Grant $69K; , Commute Trip Reduction $57K; Flashing Yellow Arrow Signal Indication $10K ' Unallx I/S Charges / 2009 1-Time Savings (818,106) (188,106) (630,000) 448,914 City-wide Server Migration $19K; Risk Claim $5K; Risk ' Deductibles $425K TotalO ratin Ex nditures 45,180,619 43,683,225 1,497,395 1,929,528 Operating Revenues over/(under) D ratin Ex enditures (2,452,281 668,872 1,783,410 (1,931,028) OTHER FINANCING SOURCES One-Time Transfers In / Grants & Other 3,762,556 3,372,192 (390,364) 528,088 Public Defender Grant $10K; EECBG Grant $75K; Police Grants $317K; Court Grant $8K; CTR Grant $57K; Transfer in from Emergency Equip Unspent Balance $61 K, Total Other Financing Sources 3,762,556 3,372,192 (390,364) 528,088 OTHER FINANCING USES One-Time Transfers Out / Other 10,319 429 9,890 - Total Other Financing Uses 70,319 429 9,890 • - ENDING fUND BALANCE $ 6,942,263 $ 8,345,798 S 7,402,934 $ - Increase /(Decrease) in Fund Balance CITY OF FEDERAL WAY 2010 Carryforward Budget Adjustment City Manager Recommended - General Fund: Non-De rtmental Increase General Fund/Street Subsid for Public Works Fund 101 C forward Items 174,935 Information Technolo - Internal Service Chaz e for Ci -Wide Server Mi ation 19 224 Risk Mana ement - Internal Service Chaz e for 2009 Claim aid in 2010 5 220 Risk Mana ement - Intemal Service Chaz e for Deduc6bles for Pendin CIAW Cases 6 $25K ea 15Q000 Risk Mana ement - Internal Service Chaz e for Deductibles for CIAW Cases Settled 3 $25K ea 75,000 Risk Mana ement - Intemal Service Char e for Future Deductibles Pendin 199,470 Ci Council Sister Ci Tri $4K Existin Bud et for a Total of $10.5K 6,500 Washin on DC Tri 5 000 Citv Manager CM - EECBG Grant Expenditures, Funded by Grant Revenue 75,150 CM - Increase Public Defender Funded b Grant Revenue 10 000 New Pro ram - GAC - Electronic Communications S stem, One-time Start-U 10 530 EDC - Ci Center Redevelo ment 82,670 GA-Decentralize Gra hics Bud et Allocate to Parks $13,773 / Comm Develo �1,300 / Govt Affairs S2 500 / Ci Clerk $1,200 - New Pro ram - EDC - Ente rise Seattle Existin Bud et $SK add'i $SK allows Ma or/Desi ee Seat on Board 5 000 Municinal Court Increase Interpreter Services, Funded by AOC Contribution - 2009 Balance 8,469 Communi , Development BL - Permit System Upgrade, funded by Automation Fees 58,315 BL - Graffiti Program 16,052 New Program - BL - Graffiti Machine Ongoing M&O (No M&O was previously budgeted for machine) 3,500 HS - Human Services Contract 63,211 New Program - HS - Temp Help for CDBG Feasibility Study (Consortium to Entitlement City) 3,368 PL - Payments to King County to Record Documents, Based on Fees Collected 2,187 PL - Shoreline Master Plan 35,167 PL - Nuisance Abatement 84,158 Human Resources CL - Tem or Hel - FMLA Leave 15 000 CL - Election Costs 32,000 HR - Tem or Hel - FMLA Leave 5,000 HR - Wellness Pro am & Flu Shots 4 499 HR - Education Assistance 12 000 HR - Labor Ne otiations 10 000 Law Tem r Hel - FMLA Leave 15 000 Outside L.e al Council 70,000 , Parks & Recreation MT-Wire TheB 37,811 REC-Arts Commission Contract Services 18 917 : Police PD - State & Federal Seizures 20,317 ; PD - Explorer ponations l 1,764 PD - 2009 JAG ARRA Grant for Gang Analyst 39,117 PD - 2009 JAG ARRA Grant for Equipment 118,496 PD - BVP Grant -$16.4K Grant, $16.4K City Match - 2008 & 2009 Grant Balance 32,800 �ma CITY OF FEDERAL WAY 2014 Carryforward Budget Adjustment City Manager Recommended ' PD - Patrol Task Force Grant, Funded by Grant Revenue 71,961 PD - Registered Sex Offender, Funded by Grant Revenue 70,510 PD - Special Operations Unit Bicycles, Uniforms & Equipment - Council Approved 1/19/10 30,000 PD - K9 Vest, Funded by Balance of Donation Received in 2009 2,725 PD - Education Assistance 40,000 New Program - PD - Transfer Gas Savings to Fleet & Equipment Replacement Reserves 92,166 New Program - PD - Replace (3) Patrol Supervisor Vehicles, Partially Funded by Reserves of $71,631 & 2009 Fuel Savings 529,369 29,369 New Program - PD - Increase Secondary Vehicle - MAIT On-Call Vehicle - Ongoing M&O Absorbed w/in Existing PD Budget - Street Fund: New Pro ram - ST - 3 Neyv Street Li hts at Cit Hall to Enhance Safe 20,000 EOC - Temporary Help 27,570 EOC - Joint EOC Funds -$22,320 2009 Balance /$26,415 Prior Years' Balance 48,735 EOC - Community Preparedness Grant 68,630 TR - Commute Trip Reduction 56,750 TR - Install Flashing Yellow Light Arrow Signal Indication on So 348th St @ 9th Ave So 10,000 Subtotal General & Street Fund 2,104,463 rterial Street Fund: Arterial Streets Overla - 2009 Balance 233 379 Solid Waste & Recycling: Ad'ust Grant Funded Bud et Estitnate to Actual Grant Award 55 388 • Traffic Safety Fund: Traffic Safety 50,000 HoteUMotel Lodging Tax Fund: Lodging Tax Programs 188,207 Subtotal Special Revenue Funds 416,198 owntown Redevelopment CIP: Downtown Redevelopment - Project Balance 2,720,232 Business Incubator Project 100,000 Implementation Plan for Medical Device Innovation & Commercializa6on Incubatar 245,000 City Facilities CIP: New Program - Close Out City Hall CIP to Building Fund Replacement Reserves 150,969 New Program - FWCC - Close Out Balance to FWCC Capital Reserves 85,645 FWCC - Project Balance 437,091 Major Facility Rehab-West Hylebos, Steel Lake Annex, Fishers Pond - Project Balance 126,570 Steel Lake Maintenance Expansion - Project Balance ' 36,149 Emergency Equipment (GPS and 1 Ton Sander Legs) 20,000 Emergency Equipment - Return Unspent General Fund Source to General Fund 61,235 Performing Arts Center - Project Balance, Funded by Grant 443,921 ' Parks CIP: Celebration Park - 2009 Balance 4,380 . Major Maintenance Parks Facilities - Project Balance 124,203 . Madrona Pazk - Project Balance 7,296 Downtown Park - Project Balance 96,050 Playgrounds - Project Balance 151,343 Bike Facility - Project Balance 10,000 Lakota Pazk - Project Balance 190,534 West Hylebos Boardwalk Replacement - Project Balance 30,034 z ora CITY OF FEDERAL WAY 2010 Carryforward Budget Adjustment Gity Manager ' Recommended Saghalie Park Sports Field Renovation - Project Balance 170,772 Trail & Pedestrian Access Improvements - Project Balance 411,745 Park Impact Fee Study/open Space Management Plan - Project Balance 4,222 Laurelwood - Project Balance 169,922 Panther Lake Open Space Feasibility Study - Project Balance 200 ' Surfaee Water Management CIP: Return Unallocated CIP to SWM Operations 600,000 Marine Hills Emergency Repair 28,000 SW 356th Regional Storm Water Facility - Project Balance 8,826 SW 325th St CulveNTrunk Replacement - Project Balance 155,970 South 373rd Bridge and Hylebos Replacement - Project Balance 169,414 West Hylebos Basin Land Acquisition -$107K Project Balance, $219K Funded by Grant 326,277 Easter Lake Stormwater - Project Balance 772,581 South 336ih and 34th Ave South Drainage Improvements - Eliminate Project (53,000) West Hylebos Creek Headwaters Restoration & Culvert Replacement - Project Balance 43,391 Transpo�tation CIP: Annual Trans ortation S stem Safe Im rovements - Pro'ect Balance 727 062 South 356th St SR99 to lst Ave - Pro'ect Balance $132K Funded b Grant 402,097 S 320th St at lst Ave S-Eliminate Miti ation Fees Ex Antici ated 25 000 S 348th St at lst Ave S-Add tum lanes - Pro'ect Balance $2M Funded b Grant 4 178 314 S 320th St 20th Ave South - Pro'ect Balance 141 681 SR99 Phase III: South 284th St - SR509 - Pro'ect Balance 994 874 SW 312th St SR509 - Pro'ect Balance 64,011 S 320th St-8th Ave S-SR99 - Pro'ect Balance 195 608 lOth Ave SW/Sw344th St:SW Cam us Dr-21st Ave SW - Pro'ect Balance 207 012 1st Ave South & South 28th Intersection - Pro'ect Balance 89 427 S 336th St:18th Ave S-IS - Pro'ect Balance 41 825 . S 352nd St Extension From SR49 to SR161 - Pro'ect Balance 879 760 S 320th St SW at 21st Ave SW - Pro'ect Balance 20 378 ` S 320th St: lst Ave to 8th Ave S- Pro'ect Balance 58,180 ' S 304th St 28th Ave South - Pro'ect Balance 15 540 S 320th St I-5 - Pro'ect Balance $3.2M Funded b Grant 5,204 582 S 356th St: SR99-161 - Pro'ect Balance 79,066 lst Ave South :So 292nd St - So 312th St - Pro'ect Balance 10 392 SR99 HOV Lanes Ph. IV -$12.6M Funded b Grant, $1.36M Funded b LUD ILA, SVJM CIP $285K 17 565 114 South 312th St 28th Ave South - Pro'ect Ba]ance 7,088 Mili Road South - South Star Lake Road-South 288th - Pro'ect Balance 7 141 SW 320th St 47th Ave SW - Pro'ect Balance 818 SW 336th Wa /SW 304th St: 26th Place SW - Ho t Road - Pro'ect Balance 60 532 21st Ave SW SW 336th St - Pro'ect Balance 108,234 South 320th St Utili Under oundin - Pro'ect Balance 103 846 Ci -Wide Flashin Yellow Li ts Installation - Pro'ect Balance 11,737 SR 99 South 312th - Pro'ect Balance 18,611 20th Place SW Emer enc Slide - Amount Pendin FEMA Reimbursement 92;802 Street Li ts on 20th Wa South - Pro'ect Balance, Funded b CDBG Grant 174,7i5 Ci -Wide Pedestrian Safe Im rovements 324,103 Subtotal Capital Project Funds 39,608,522 3ot4 CITY OF FEDERAL WAY 2010 Carryforward Budget Adjustment : City Manager Recommended Dumas Bay Centre: KFT - Repairs & Maintenance 1,975 DBC - Mazketing Study & Implemenation 70,000 urface Water Management: Sea Lettuce DOE Grant Match 29,019 Watershed Resource Inventory Area (WRIA) Invoice ?,207 Steel Lake Management District 11,994 DOE Federal Way Phase II Stormwater Pass-Through Grant 50,000 ILA Northlake Management District Annual Assessments 12,536 Risk Management: Outstanding 2009 Claim, Pending Invoice 5,220 Deduc6bles for Pending CIAW Cases (6 @$25K ea) 150,000 Deductibles for CIAW Cases Settled (3 @�25K ea) 75,000 Future Deductibles Pending 199,470 nformation Technology: PD - 6 Nextel Phones for Special Operations Unit M&O, Funded w/in Existing Police Budget 3,000 PD - Addidonal Blackberrry M&O, Funded w/in Existing Police Budget 2,000 PD - SafeCity Onsite Maintenance - Balance 5,437 PD - Misc Hardware/Software 2,214 PD - Server Migration 7,600 CD - Permit System Upgrade, Funded by Automation Fees 58,315 MC - Records Management/Electronic Court, Funded by Replacement Reserves 2,745 CW - Data Processing Server Migration 11,624 Fleet & Equipment: New Program - BL - Graffiti Machine Ongoing M&O (No M&O was when budget for machine was established) 3,500 PD - Purchase of 7 Bicycles for Special Operations Unit - Council Approved 1/19/2010 15,107 PD - Replace 3 Motorcycles, Funded by Reserves & Trade In - Council Approved l/19/2010 69,200 New Program - PD - Replace (3) Patrol Supervisor Vehicles, Partially Funded by Reserves of $71,631 & 2009 Fuel Savings �29,369 101,000 New Program - PD - Increase Secondary Vehicle - MAIT On-Call Vehicle - Ongoing M&O Absorbed w/in Existing PD Budget - Subtotal Proprietary Fueds 894,163 pecial Studies/Contracts Fund: Government Access Channel 271,062 2% for the Arts Fund: 2% for the Arts - Balance 293 CDBG Fund: Neighborhood Stabilization Program, Funded by Grant - 2009 Balance 639,626 Transfer to Transportation CIP for Street Lights on 20th Way South, Funded by CDBG-R Gr'ant - 2009 Balance U4,715 Subtotal NonAnnual Programs 1,085,696 ; GRAND TOTAL - ALL FUNDS S 44,109,042 ; 4of4 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE TO CARRY FORWARD FUNDS REVISING THE 2009-10 BIENNIAL BUDGET (Amending Ordinance No. 08-589, 09-612, 09-616, 09-632 AND 09-635 ). WHEREAS, the City Council enacted the 2009-10 Biennial Budget on December 2, 2008, to become effective on January 1, 2009; and WHEREAS, on May 5, 2009, the City Council enacted Ordinance No. 09-612 to cazry forward funds that had not been expended in 2008; and WHEREAS, on June 16, 2009, the City Council enacted Ordinance No. 09-616 to revise downward the revenues and expenditures due to the decline in the economy; and WHEREAS, on November 17, 2009, the City Council enacted Ordinance No. 09-632 to incorporate items previously approved by Council and appropriate expenditures with matching revenues; and WHEREAS, on December 15, 2009, the City Council enacted Ordinance No. 09-635 to revise the revenues and expenditures as the result of the mid-biennium review ; and WHEREAS, the City Council finds it necessary to revise the 2009-10 Biennial Budget as a result of funds to be carried forward from 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section l. Amendment. E�ibit A entitled "2010 Revised Budget" in Ordinance No. 09- 635 is hereby amended to E�iibit B—"2010 Revised Budget" to include the 2010 ca�y forward funds into the revised budge# for 2010. Ordinance No. i 0- Page 2 of 6 Rev 1/10 Section 2. Administration. The City Manager shall administer the Biennial Budget and in doing so may authorize adjustments to the extent that they are consistent with the revised budget approved herein. Section 3. Severabiliri � Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivenerlclerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five {5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this _ day of , 2010. CITY OF FEDERAL WAY MAYOR, L1NDA KOCHMAR Ordinance No.10- Page 3 of 6 Rev 1/10 ATTEST: CITY CLERK, CAROL MCNEILLY APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No.10- Page 4 of 6 Rev 1/10 EXHIBIT A PREVIOUS ORDINANCE - 2010 REVISED BUDGET 8�ginntrig Funrl Balrtqee Revenu� �enditure Ending Fund PriorA�rwuret Adjusxr�nf ' Revised F�ivrAmounr. Ad}us�rrrenr Revesed PiiorAmount Adjustr�n; Revised Fund Balance .. General Fund $ 5,699,133 $ 1,143,122 $ 6,842,255 $40,616,996 $ (375,000) $ 40,241,996 $41,591,403 $ 1,336,945 $ 42,928,348 $ 4,155,903 Special Revenue Funds: Street 100,000 - 1OQ000 4,673,668 (214,192) 4,459,476 4,673,668 (214,192) 4,459,476 100,000 __ EArterial Street 400,001 1 400,002 1,000,000 500,000 1,500,000 1,400,000 500,000 1,900,000 2 (Utility Tax 3,183,648 (33,000) 3,150,648 14,083,801 (50,000) 14,033,801 12,434,833 273,000 12,707,833 4,476,616 � Solid Waste/Recycling 92,816 (0) 92,815 416,854 - 416,854 502,405 - 502,405 7,264 i Special Contract/Studies - - - - - - - - - - `HoteUMotelLodgingTax 1 0 . 1 182,500 - 182,500 182,500 - 182,500 I ': 2% for the Arts - - - ;Federal Way Comm. Cente 247,910 0 247,910 2,429,325 25,000 2,454,325 2,110,626 - 2,110,626 591,609 ;Traffic Safety 85,819 0 85,820 580,000 25Q000 830,000 580,000 250,000 830,000 85,820 ' Grants - CDBG - - - 459,931 - 459,931 459,931 - 459,931 - ;Paths and Trails 127,616 (499) 127,117 160,658 (400) 160,258 161,000 - 161,000 126,375 Debt Service Fund 2,764,321 1,120,001 3,884,321 1,875,033 1,875,033 3,133,805 - 3,133,805 2,625,549 Capital Project Fuads: Downtown Redevelopment 1 1 3 600,000 - 600,000 586,116 - 586,116 13,887 ;City Facilities 240,239 0 240,240 1,700 - 1,700 - - - 241,940 _ °!Parks 1,182,400 370,420 1,552,820 491,000 - 491,000 974,000 390,000 1,364,000 679,820 :3WM 1,027,386 - 1,027,386 23,419 - 23,419 823,657 - 823,657 227,148 ;Streets 3,902,009 - 3,902,009 2,130,000 (13,000) 2,117,000 5,615,000 (13,000) 5,602,000 417,009 Enterprise Fund: ; S�rface Water Management 535,814 0 535,814 3,416,044 - 3,416,044 3,443,808 - 3,443,808 508,050 .Dumas Bay Center (0) 227,881 227,880 736,018 - 736,018 731,932 - 731,932 231,966 Internal Service Funds: ;RiskManagement 5,445,970 (100,000) 5,345,970 776,456 - 776,456 685,356 - 685,356 5,437,070 _ . iInformation Systems 2,879,574 (1) 2,879,574 2,229,111 (22,677) 2,206,434 2,133,718 (23,177) 2,110,541 2,975,467 `Support Services 314,386 0 314,386 201,845 (5,000) 196,845 148,256 (5,000) 143,256 367,975 ;Fleet&Equipment 4,009,674 0 4,009,674 2,119,285 581 2,119,866 1,549,589 581 1,550,170 4,579,370 _ _. ;Buildin� & Furnishin� 1,195,776 (1) 1,195,775 538,434 1,436 539,870 439,534 1,436 440,970 1,294,675 T'atal r111 Furtds ' $' �3,434,�95 $ ! 2,727,9,27 $36,162,422 ,S '' 74,7A2,078 $ '' 96,;748 $79,838,+BZS $ ' 84,361,137 $ 2,496,593 586,$57,:730 $ 29,143,578 Ordinunce No.10- Page 5 of 6 Rev 1/10 EXHIBIT B 2010 REVISED BUDGET Beginning FundBnda�tce Revenue Expenditure Ending Fund ' ' PrivrAmount ' AdjusYment Revised PriorAmount AdjusEment Revised PriorAmount Adjustment Revised Fund Balance General Fund $ 6,842,255 $ 1,402,940 $ 8,245,195 $40,241,996 $ 469,838 $ 40,711,834 $42,928,348 $ 1,872,778 $ 44,801,126 $ 4,155,904 Special Revenue Funcic: Street 100,000 - 100,000 4,459,476 231,685 4,691,161 4,459,476 231,685 4,691,161 100,000 Arterial Street 400,002 233,377 633,379 1,500,000 - 1,500,000 1,900,000 233,379 2,133,379 0 _ ;Utility Tax 3,150,648 (120,023) 3,030,625 14,033,801 - 14,033,801 12,707,833 - 12,707,833 4,356,593 ;Solid Waste/Recycling 92,815 58,824 151,639 416,854 (17,673) 399,181 502,405 (55,388) 447,017 103,803 ;Special Contract/Studies - 271,062 271,062 - - - - 271,062 271,062 - . 1HoteUMatelLodgingTax 1 201,346 201,347 182,500 (13,140) 169,360 182,500 188,207 370,707 0 ; 2% for the Arts - 293 293 - • - - - 293 293 - ;Federal Way Comm. Cente 247,910 (7,896) 240,014 2,454,325 85,645 2,539,970 2,110,626 - 2,110,626 669,358 ;Traffic Safety 85,820 69,468 155,288 830,000 - 830,000 830,000 50,000 880,000 105,288 . _ _ _ _ _ `: Grants - CDBG 459,931 814,341 1,274,272 459,931 814,341 1,274,272 PaYhsandTrails 127,117 6,394 133,511 160,258 - 160,258 161,000 - 161,000 132,769 Debt Service Fund 3,884,321 280,158 4,164,479 1,875,033 - 1,875,033 3,133,805 - 3,133,805 2,905,707 Capital Project Funds: €DowntownRedevelopmen 3 3,051,345 3,051,348 600,000 - 600,000 586,116 3,065,232 3,651,348 (0) City Facilities 240,240 675,719 915,959 1,700 443,921 445,621 - 1,361,580 1,361,580 (0) Parks 1,552,820 1,029,430 2,582,250 491,000 - 491,000 1,364,000 1,370,701 2,734,701 338,549 SWM 1,027,386 2,738,148 3,765,534 23,419 219,000 242,419 823,657 2,051,459 2,875,116 1,132,837 ;':Streets 3,902,009 12,482,786 16,384,795 2,117,000 19,761,491 21,878,491 5,602,000 31,759,550 37,361,550 901,736 F�terprise Fund: ;SurfaceWaterManagement 535,814 578,890 1,114,704 3,416,044 662,536 4,078,580 3,443,808 110,756 3,554,564 1,638,721 ;Dumas Bay Center 227,880 (48,189) 179,691 736,018 - 736,018 731,932 71,974 803,906 111,803 Intemal Service Funds: _ `RiskManagement 5,345,970 (8,397) 5,337,573 776,456 429,690 1,206,146 685,356 429,690 1,115,046 5,428,673 ;InformationSystems 2,879,574 135,962 3,015,536 2,206,434 82,539 2,288,973 2,110,541 92,935 2,203,476 3,101,033 ' Support Services 314,386 (20,342) 294,044 196,845 - 196,845 143,256 - 143,256 347,633 ;Fleet&Equipment 4,009,674 281,452 4,291,126 2,119,866 140,142 2,260,008 1,550,170 188,807 1,738,977 4,812,157 _ ;Buildings & Furnishings 1,195,775 8,986 1,204,761 539,870 151,300 691,170 440,970 - 440,970 1,454,961 TatulAll �"unds ' $ 36,IG2,4Z2 � 23,3t11,733 ' $59,464,IS5 $ 79,838,826 � 23,�f6i,313 $It13,31J0,141 $' 86,85�,730 $ 44,109,042 $130,966,770 $ 31,797,525 Ordinance No.10- Page 6 of 6 Rev 1/10 COUNCIL MEETING DATE: , ITEM #:_ � __ _ _ ...__ __ __ _ _ .. .............. ...._. _MaYC.h_�1.v, 201�D _.._. . _ _ � 1 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECTC CAMPAIGN CONTRIBUTIONS POLICY QUESTION: SHOULD THE CITY COUNCIL ESTABLISH CAMPAIGN CONTRIBUTION LIMITS FOR THE CITY COUNCIL AND MAYOR POSITIONS CONSISTENT WITH STATE LAW LIMITS TO BECOME EFFECTNE JANUARY l, 2011? COMMITTEE N/A CATEGORY: ❑ Conseut ❑ City Council Business � Ordinance ❑ Resolution MEETING DATE N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: Patricia Richardson Cit� Attorney DEPT: Law _._._.._._...._._..........__....._.........._......._._._..........__...........__.....___....._._.._....-•----.._.....__._._.....'--- - Attachments: Proposed Ordinance limiting campaign contributions for the City Council and Mayor positions consistent with State Law. Options Considered: 1. Adopt the proposed ordinance limiting campaign contributions for t6e City Council and Mayor positions consistent with State Law. 2. Modify the proposed ordinance. STAFF RECOMMENDATION N/A i � CITY MANAGER APPROVAL:��G�/D �� IRECTOR APPROVAL: U Committee Council Committee Council COMMITTEE RECUMMENDATION: Committee C h a ir Co mmittee Member Committee Member PROPOSED COUNCIL MOTION: " I move approval of Option _ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL AG 1'ION: F Q ❑ APPROVED COUPICIL BILL # J Z_ l ❑ DENIED 1 reading 3• 2' � D ❑ TABLED/DEF'ERRED/NO ACTION Enactment reading � MOVED TO SECOND READING (ordinances on[y) ORDINANCE # REVISED— 02/06/2006 RESOLUTION # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relatingto Campaign Contributions; creating a new Chapter 2.07. WHEREAS, campaign finance reform measures taking the form of mandatory candidate contribution limits have been adopted by the cities of Seattle, Kirkland, Issaquah, and similar restrictions have been in place at King County, State and Federal levels for some time; and WHEREAS, it is in the best interest of the citizens that politicai campaign contributions and expenditures be fully disclosed and secrecy avoided; and WHEREAS, the public confidence in municipal government is essential and must be promoted by all possible means; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Title 2 of the Federal Way Revised Code is hereby amended to add a new section 2.07 to read as follows: 2.07.410 Declaration of nolicv. It is declared to be the pubiic policy of the citv_: (I) That political campai�n contributions and expenditures are to be fully disclosed to the public and that secrecy is to be avoided. (Z) That the people have the ri t to expect from their elected representatives at all levels of government the utmost integri , honesty and fairness in their dealin�s. (3) That the people shall be assureci that the private financial and other dealings of their public o�cials, and of candidates for those offices, present no conflict of interests Ordinance No. 09- Page 1 of S Rev 1/10 between the public trust and private interests. (4) That our representative form of �overnment is founded on a belief that those entrusted with the offices of �overnment have nothing to fear from full public disclosure of their financial and business holdings, activities and dealings, provided those officials deal honestly and fairly with the people. (5) That public confidence in municipal �g can best be sustained by assuring the people of the impartialitv and honesty of the officials in all public transactions and decisions. (6} The provisions of this section shall be liberally construed to promote complete disclosure of all information respectin� the financing of political campaigns so as to assure continuing�ublic confidence of fairness of elections, so as to assure that the public interest will be full�protected. 2.07.024 Definitions. For purposes of this chapter, definitions faund in RCW 42.17.020 as currentiv enacted or as hereafter amended are hereb�adopted bv reference. In adopting, these definitions bv reference, the city also adopts the interpretation of these definitions published in Chakter 390-OS WAC or otherwise issued bv the Washin�;ton State Public Disclosure Commission through declaratorv orders, policv statements and commission interpretations. 2.0'7.030 Application. These limits shall applv to candidates in an�primarv, general or special election for the Federal Way city council and the ma�or. Ordinance No.09- Page 2 of S Rev 1/10 Z.Q7.040 Contribution limits. (1 } No candidate for citv council or mayor shall accept or receive during the election cvcle campaign contributions totalin� more than the contribution limit established bv the Public Disclosure Commission for countv office candidates in King Countv in the aggregate from an� ep rson• (2) The per-election contribution limit established bv the Public Disclosure Commission for county office candidates in King Count�shall be the election-cvcie contribution limit on candidates for the Federal Wav cit�council and mavor. (3) The limitations in this section shall not appl� (a) A candidate's contributions of his/her own resources to his/her own campai�n; (b) The value of volunteer services; (c) An�,publiclv donated funds under provisions authorizing public fundin�of local campai ng s; and (d) Surplus funds, as defined in RCW 42.17.020(48), from a candidate's prior campai�n contributions received bv a candidate in connection with a current campai n onlv to the extent that such funds are derived from contributions that were within the dollar limitations imposed bv this chapter. If such funds are from a campai�n not covered bv this chapter, a candidate mav use only so much of each contribution previously received as would have been allowable as a contribution under this chapter if it had applied to that campai�n. The source of the candidate's sur�lus funds shall be determined to be derived Ordenance No. 09- Page 3 of S Rev 1/10 from the most recent contributions received by such candidate or that candidate's political committee which in total equal the amount of the surplus funds. (4) The limitations imposed by this section shall apply to a11 other contributions. 2.07.050 Adiustment of dollar amounts in chapter — Adherence to Public Disclasure Commission established limits and schedu�e. �1} The amount of the contribution limit is adjusted to reflect periodic adjustments made � the Public DiscIosure Commission for county office candidates in Kin� C�ounty. The timing of the limitation changes shall take place as published bv the Public Disclosure Commission and shall from that time forward form a new limit on contributions. Section 2. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person ar situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ardinance 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. Ordinance 1Vo. 09- Page 4 of S Rev 1/10 Section 4. Ratification. Any act consistent with the autharity and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shal2 take effect anci be in force January 1, 201 l, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 20I0. CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATT'EST: CITY CLERK, CAROL MCNEILLY, CMC APFROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COLJNCIL: PUBLISHED: EFFECTNE DATE: ORDINANCE NO.: Ordinance No. 09- Page S of 5 Rev 1 / 10 COUNCIL MEETI1vG DATE: March 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUB.TECT: 2010 Asphalt Overiay Project Bid Award POLICY QUEST[ON: Should the Councii award the 2010 Asphalt Overlay Project to the lowest responsive, resvonsibie bidder? COMMI'1'TEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Councit Business ❑ Ordinance ❑ Resolution MEETING DATE: Macch 1, 2010 ❑ Public Hearing ❑ � Other STAFF_REPORT BY__Marwan Salloum, P.E_, Deput� Public Works Director�EPT: Public Works _____ _____ _______ Attachments: Land Use and Transportation Committee memorandum dated March l, 2010. 2. 3. � Considered• .._..-----_._._.._.._..._..._...._.__...____ _--- ___---....-----...---------__-------..._---- _____..._---------------------------....._..._..-------._...______._._._.._..----------- Award all Schedules of the 2010 Asphalt Overlay Project to Mites 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. Reject all bids for the 2010 Asphalt Overiay Project and direct staff to rebid the project and return to Committee for fiirther action. Do not award the 20t0 Aspha(t Overlay Project to the lowest responsive, responsible bidder and provide direction to staff. STAFF RECOMMENDATtON Staff recommends forwarding Option 1 to the March 16, 2010 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: j.J�I� °�/°`� � J[, ��IRECTOR APPROVAL: G G'� Committee Councii Committee Council COMMTfTEE RECOMMENDATION Place Dini Duclos, Chair the March 16, 2010 Council Consent Agenda for approval. Member PROPOSED COUNCIL MOT[ON "I m� to award all Schedules of the 2010 Asphl�lf 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 CLER/CS OFFICE) COUNC[L ACTION: � APPROVED COUNCIL B[LL # ❑ DENIED i reading ❑ TABLED/DEFERRED/NO ACTION Enactment resding ❑ MOVED TO SECOND READING (ordinar�ces only) ORD[NANCE # REVISED - 01J06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: March 1, 2010 Land Use and Transportation Committee Brian Wilson, City Manager JeffHuynh, 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 fotlowing is a breakdown of the estimated tota( project construction costs based on the tow bid: Schedule A B C D E F G H Description Ist Way South —S 338th to S 344th Street S 317th Street — 23rd to 28th Ave Milton Road (S 369th to City limit) 23rd Ave — S 319th to S 322nd Street S 320th Street — 1 ith Ave to 8th Ave S 320th Street — 8th Ave to 6th Ave Marine View Estate S W 296 Street ESTIMATED SUBTOTAL CONSTRUCTION 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 $ t 79,304 $287,366 $202,698 $212,292 $163,171 $265,511 $136,416 51,782,322 $178,232 $40,000 $63,000 $ t l 5,000 $72,000 $3,500 $2,254,054 $ 25,592 cc: Project File k:Uutc�2010103-01-10 2010 asphalt overlay project- bid award.doc AFS No. �a�ox D OP8WIN6 DATE FEBqU� Vencbr Name ••-> MAee Resources, LLC � Tuccl 6 3one, Inc. � ICON Materiab � Lakssitle Indusiriea � Wtleon Aaphatl Pavinp Co., Mc. � Englnaan E�timate y41.00 $34,030.00 $41.00 a34,030•00 541.00 E3A�030.00 541.00 534,03 $41.00 54,920.00 Y47.00 $4,920.00 541.00 $4,920.00 541.00 $4,92 $61.75 57,901.00 561.75 $7,904.00 $61.75 $7,904.00 561.75 $7,80 §5,000.00 $5,000.00 $5,000.00 $5,000.00 E5,000.00 $5,000.00 $5,000.00 §5,00 Eo.ot $1L�0 So.ot S71JO S0.o1 $tt7o Eo.o1 $t $5.00. 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E4,000.00 34 so.o� aao.00 s2t a+.00 3 $20.00 $12 $4.00 S5 575.15 $133 $170.00 $52 $75.15 $3 53.00 $6 $300.00 � $3,000.00 $6 $45.00 $7 $385.00 9 gzz.00 so.z2 sz $3.30 $10.00 341.00 E20, $4t.00 $4, 3st.75 S6, $3,000.00 S3, so.oi aao.00 a�, $t.00 3 $20.00 $2, $2.90 $10, $79.00 $97, $110.00 $13� $79.00 S3, 53.00 $8, $425.00 9 $300.00 $1. $850.00 S6. S2za.00 ss $210.00 $1 $16.00 59 $386.00 � $2z.00 9 5880.00 S7 a,.ss ss $55.00 � §4.40 9 sz.zo a� 50.15 S5 $41.00 $31,570. 541.00 $3,280. $61.75 51.976. 54,000.00 $4,000, $0.10 $565. $63.00 $44,820. $0�.75 E975. $25.50 $15,300. $3.30 $4,323. $75.00 $133,500. 3�os.5o $5t,i2o. $82.50 §4,125. $2.45 $5,539, $355.00 $710. $2,800,00 $5,600. $39.00 $8,240. $355.00 $585. $25.25 $75. $0.51 $4,762. $1.90 555. $31.00 $2�). Sa1.00 520,500: aai.00 5a,,00. $61.75 �6,916: $3,000.00 53,000. go.io 3,oe. $83.00 $3,735. $0.75 $75. azsso sz,sso. $3.30 $11,787. $75.00 $93,000. 8106.50 $12,993. 582.50 $4,125. $2.45 $6,578. $465.00 $930, 5355.00 $1,420. E680.UU f6,900. $52.00 $1,300. $89.00 $801. $20.00 $12,180. $355.00 5816. azo.zs S,zi. Ssoo.00 Ss,soo. $1.30 $4,182. $51.00 $918. 53.80 $a1B. $1J5 $1,120. $�.05 55,742. Pepe 2 of < Vendor Name •-> � � MNea qeeourCaa, LLC � Tucci 8 Sons, Inc. � ICON Mate�iels � Lekeside IMusiriea � Wateon Asphall Paving Co., loc. � Enpineers Estimate 541.00 $21,730.00 541.00 E2 $41.00 $4,920.00 $41.00 $ $81.75 55,928:00 $61 J5 $ $4,OW.00 54,000.00 $4,000.00 S $4.35 516,095.00 $4.00 S1 $83.00 E81,800.00 $70.00 38 $75.00 $3,000.00 $200.00 $ $83.00 53,150.00 $70.00 $ $2.35 $7,268.55 52.50 $ $400.00 $800.00 $470.00 $400.00 5400.00 $470.00 $300.00 5900.00 $340.00 $ 52,500.00 $5,000.00 $1,825.00 S s2,soo.00 azo,000.00 S,,e2s.00 s, $2,500.00 $2,500.00 $1,825.00 $ 5525.00 $1,050.00 $500.00 $ sa�.00 a�,2�i.00 saa.so S ass.00 a,r,�so.00 see.00 s, aeo.00 S s3o.00 $350.00 $135.00 $350.00 a2o,00 aeo.00 szo.00 $530.00 $71,660.00 $570.00 $i $1J5 $10,125.50 $1J5 $1 $50.00 $400.00 $50.00 $4.00 $BB0.00 $4.00 $2.00 $2,500.00 $2.00 $ 54.00 $840.00 $4.00 $60.00 $2,700.00 $5.00 $41.00 $16,400.00 $41.00 $16; $41.00 $4,100.00 $41.00 $4, y81J5 $4,940.00 $61J5 $4;. $3,000.00 53,000.00 $3.000.00 $3,i 55.20 $11,752.00 $3.00 $6,� $64J0 $60,171.00 $70.00 $65, $75.00 $2,625.00 $200.00 $7,i $64.70 33,235.00 $70.00 $3;, 52.35 $5,548.00 52.50 55; $400,00 5400.00 5470.00 $� 5300.00 $800.00 E340.00 Si $2,300.00 54�600.00 §1,825.00 §3,� 52,300.00 $6,800.00 $t,B25.00 E5; $2,300.00 $2,300.00 51,825.00 51,� 5525.00 $1,050.00 5500.00 $1; $A7.00 $12,220.00 $39.00 $10, a�e.00 a�s,seo.00 ssa.00 $,�, S8).00 5�39.50 $110.00 $' 5350.Otl 5595.00 $350.00 $ azo.00 aao.00 s2o.00 5807.00 $6,677�00 5570.00 58,. $1.75 $8,970.50 57.75 S8; $80.00 $300.00 $50.00 S 54.00 $144,00 $4.00 $ $2.00 $420.00 $2.00 $ 54.00 $400.00 $4.00 S S60•00 E3,720.00 55.00 S Pape 3 of 4 541.00 E21,730.00 $41.00 321, $41.00 $4,920.00 $47.00 $4, $81.75 $5,828.00 $61.75 $5, $4,000.00 $4,OOU.W $4,UOU.UO S4, $3.00 $11,700.00 $3.60 513, $65.00 584,500.00 S78•30 $101, $700.00 $4,000.00 $110.00 $4, $65.00 $3,250.00 $78.30 $3, 82.35 $>268.55 $3.00 $9, 5450.00 $900.00 $425.00 S $450.00 $450.00 5425.00 $ $350.00 $7,D50.00 $300.00 $ 82,400.00 $4,800.00 $3,000.00 S6, SZ�B00.00 $20,800,00 $3,000.00 $24, 52,750.00 $2,750.00 $3,350.00 $3, $420.00 $840.00 $850.00 $1, aeo.00 ge,aeo.00 s„o.00 ss, aee.00 a+s,�2s.00 ass.00 g,o, $75.00 $1,500.00 $50.00 $1, $350.00 5735.00 $385.00 S $20.00 $B0,00 $22.00 asss.00 a+zzio.00 saso.00 a,a, 51.75 $t0,125.50 51.95 $17, aso.00 3aoo.00 sss,00 � $4.00 $880.00 54.40 $ $2.00 52,500.0o E2,2o $2, $4.00 $84U.00 54.40 $ $25.00 $1,125.60 $10.00 $ E41,00 $16,4 $41.00 $4,1 $61.75 $4 � 53,000�00 Y3,[ 53.00 56,7 y65.00 a80,4 $100.00 $3: 585.00 §3,e S2•35 S5,E $450.00 S4 $350.00 S7 $2,400.00 S4,E 52,600.00 S7,E az,�so.00 sz,� 5420.00 SE $80.00 $20,E SeS.00 S+�,e 5150.00 57,. 5350.00 E.` a2o.00 a 5555.00 56,� $1.76 E8,4 550.00 Si s+.00 a+ 52.00 S� 54.00 S� s2s.00 a+ : $41.00 $16,400. $41.00 $4,100. $61.75 $4,940. 53,000.00 53,000. $3.60 $8,138. $7B.30 s72,819. $110.00 53,850. 578.30 53,915. 53.00 S7,OB0. ga25.00 Ea25. 5425.00 5850. $3,000,00 58,000. 53,000.00 59,000. $3,350.00 53,350. $850.00 51,300� $75.00 519,800. E66.00 513,880. a325.00 52,782. 5385.00 5654. 522.00 344. 5680.00 57,260. E7.95 $9,99b. 355.00 $330. sa.ao s+se. $2.20 5482. $4.40 yt40. $10.00 $820. $41.00 521,7 $41.00 $4,9 $fit.75 85,9 E4,UW.UU $4,0 $3.30 $12,2 $75.00 597,5 $106.50 $4,2 $82.50 $4,1 g2.45 $7,6 5465.00 $9 $as5.00 Sa $355.00 $1,0 $2,680.00 55,3 52,800.00 $22,4 $2,875.00 $2,8 5680.00 $1,3 asz.00 a+,s aea.00 s,e,a $45.00 $9 $355,00 $7 $20.25 $ ssoo.00 $ia,z $1.30 $7,5 Ssi.00 Sa $3.80 $8 $1.75 $2,1 $4.05 $B $31.00 $i,3 $41.00 $18,400, $41.00 $4,100. $81.75 $4,940, 53,000.00 $3,000. $3.30 $7,458, $75.00 569,750. $106.50 $3,727, 582.50 $4J25� $2.45 $5,782� 5485.00 5465� s355.00 s710, a2,880.00 55,360� 52.800.00 $8,400, 52,675.00 $2,675. $680.00 $1,360, 551.00 $13,260. $89.00 $18,690, 5122.00 $1,037. 5355.00 $603. 52025 y40 5600.00 $6,800 57.30 56,663 E5t.00 5308 $3.80 $136 $1.75 $367 $4.05 5405 531.00 57.822 Vandor Name •••> SlgneWre Bona AAile6 Rasources, LLC � Tuccl 8 Sons, Inc. � ICAN Maleriala � Lakeside Intluslrioa � Wateon Aspheh Pavinp Co., Inc. � Enpinsers Estlmate S4t.0o S Sat.00 54,000.00 $0.01 $5.00 $0.60 $12.00 $5.30 $ $88.45 $1 5140.00 8 $68.45 $45.95 $ gaoo.00 snoo.00 $300.00 $20.00 s2o.ou Sa.00 $2.00 1,950.00 541.00 $38,950.00 $41.00 S3B, �,,ao.00 3a,,00 as,,so.00 sa,.00 sa, I,000.00 54,000.00 $4,000.00 54,000.00 S4, $a8.56 $0.01 $46.58 50.01 5665.00 55.70 $758.10 510.00 $1, 5265.00 $0.60 $318.00 SD.10 I,956.tl0 $�.95 $1.295.85 $10.00 S7, ',589.50 $4.40 $14,586.00 $3.15 510, !,643.50 $88.00 $147,1BO:D0 $70.00 $156, 1,200,00 $179.00 $23,2�0.00 575.00 S9, 1,422.50 566.00 53,300.00 570.00 S3, 1,528.75 $26.30 $11,177.50 $33.50 $14, $400,00 $470.00 $470.00 $450.00 S �,zoo.00 sa�o.00 S,,a,o.00 3aso.00 a�, 1,200.00 $340.00 $7,360.00 $350.00 $1, $88D.00 543.00 $1,892.00 575.00 $3, Szeu.00 Szo.00 82eo.00 E2o.00 S $104.00 $4.00 $106.00 $4.00 S $440.00 52.00 5440.00 $2.00 $ $41.00 $14,3� $41.00 $4,1C �3,000.00 $3,OC So.oi S: $5.00 �27 $0.50 $71 $12.00 884 $3.60 $13,3C §64.85 S68,OS St25.00 $11,0C $64.85 $3,24 $46.00 $B4OE Saoo.00 Sec snoo.00 aec $300.00 51,2( YES VES YE& YES Pepe 4 ot 4 $41.00 $14, $41.00 $4, $3,000.00 $3, so.o� s�.00 a ao.so a 57.95 $ $4.00 $14, s�z.00 a�s, $146.00 $12, $72.00 S3, $26.80 $4, $470.00 S 5470.00 S $340.00 $1, Szo.00 $ YE5 YES $41.00 $14,3 $41.00 54,1 53,000,00 $3,a so,o� � 3,0.0o as so., o s s,o.00 a� $3.75 $11,8 $70.00 E73,5 575.00 56,6 5�0.00 $3,5 $33.50 $5,8 $450.00 S9 ta50.00 t9 E350.00 57,4 a2o.00 a� YES VES Sat.00 53e,9 sa,.00 as,, $4.000.00 $4,L ;0.01 � 540.00 $5,: $1.00 $'. $20.00 $3,e $5.50 5�8,'s s�eso a»o,a $1f0.00 §14' 576.50 S3,E 545.00 $19,1 $425.00 $4 snzs.00 s�,s taoo.00 st,. $50.00 $2,'< $22.00 $2 Sa.ao a+ az.za a< $41.00 $14, $41.00 S4, $3,000.00 $3, go.oi sao.00 s2, ai.ao S szo.oa s+, $5.50 520, s�s.so aeo, $110.00 59, 576.50 S3, $45.00 $�, $425.00 S $425.00 � $300.00 $t, 522.00 $ YES YES $41.00 $3B, aa+.00 se, $4,000.00 $4, $O.tO S $83.00 $11, $0.75 $ $25.50 $4, $3.30 810, $75.00 $187, $108.50 $73, E62.50 S4, 539.00 $16, 5465.00 $ f465.00 $1, $355.00 $1, E45.00 $1, $20.25 S 53.80 $1.75 S $41.00 $14,350. $41.00 54,100. 53,000.00 $3,000. so.�o saza. �ea.00 aa,sss. So.�s Eiss. $25.50 $1,785. $3.30 $12,200. a�s.00 $78,)50, 5106.50 $9,372. $82.50 S4,t25. $39.00 $6,625. $486.00 $930. $465.00 5930. $355.00 $1,420. Szo.zs S�z�. COUNCIL MEETING DATE: March 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:�� SUB.�ECT: Grant Eunding for Transportation Improvement Projects POL[CY QUESTION Should the City Councit 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 Off Ramp improvement project? COMMII"CEE Land Use and Transportation Committee CATEGORY: � Consent ❑ Ordinance ❑ City Councit Business � Resolution MEETING DATE March 1 , 2010 ❑ Public Hearing ❑ Other STaFF REPORT BY: Marwan Sailoum, P.E., Deputy Public Works Director DEP'c: 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 Off Ramp improvement project. 2. Do not approve the attached resolution as a precondition to enter into the Locat Agency Agreement with WSDOT which will obligate the federal STPUL grant funds for the I-5 South 320�' Street Southbound Off Ramp 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, �/,�•v� ��1�2UJJ J� ,1"""" DIRECTOR APPROVAL: __� "" l Committee Council Committee Council COMMITTEE RECOMMENDATION Piace Option 1 on the March i6 , 2010 Council Dini Duclos, Chair for approval. Member PROPOSED COUNC[L MOTION "I move to approve the attached resolution (�,s-�precondition to enter into the Locad Agency Agreement with WSDOT which will obligate the federal STPUL grant funds for the I-S South 320` Street Southbound Off Ramp improvement project. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFlCE) COiJNC[L ACT[ON: ❑ APPROVED COUNCIL BILL # ❑ DENIED i reading ❑ TABLED/DEFERRED/NO ACT[ON Enactment readiog ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REV[SED - 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 1, 2010 TO: Land Use and Transportation Committee V[A: Brian Wilson, City Manager/ Police Chief --� FROM• B�'�an 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 FUNDING REQUIRED MATCH (Design and Construction Phases) ■ 2010 STPUL (Federalj $3,200,000 $1,600,000 cc: Project File Day File 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 and No/100 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 and No/100 Dollars ($1,600,000.00), which has been budgeted in the City's 2009 housekeeping budget adjustment; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section l. Execution of Acceptance of the Local Agencv Apreement. The City Manager or his designee is hereby authorized to execute the Local Agency Agreement regarding improvement of the I-5 South 324` Street Southbound Off-Ramp in the City of Federal Way. Resolution No.10- Page 1 of 3 Section 2. Receipt 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 and No/100 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 and No/100 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. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution 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 resolution is hereby ratified and affirmed. Section 7. 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 , 20_. CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR Resolution No.10- Page 2 of 3 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.: Resolution No.10- Page 3 of 3 COUNCIL MEETING DATE: March ib, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SU&TECT 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? COMMT[TEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEET[NG DATE March l , 2010 ❑ Public Hearing ❑ Other STAFF RE PORT BY: Brian Roberts, P.E., Street Systems Project Engineer DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated March 1, 2010. Options Considered: Authorize staff to sign the attached Local Agency Agreement with WSDOT which will atlow WSDOT to design the I-5 South 320` Street Southbound OffRamp improvements and be reimbursed by the City. 2. Do not authorize staff to sign the attached Local Agency Agreement with WSDOT which will aliow WSDOT to design the I-5 South 320`�' Street Southbound Off Ramp improvements and be reimbursed by the City and provide direction to staff. $TAFF RECOMMENDATION Staff recommends forwarding Option 1 to the March t6, 2010 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: ,(y�,/�„� �ld `°I °�W Y� I�'�'" DiItECTOR APPROVAL: __�� ''�"� > Commiuee Council Commiuee Council COMMITTEE RECOMMENDATION Place Option 1 on the March lb, 2010 Council Consent Agentla for approval. _ ` Dini Duclos. Chair Member PROPOSED COUNCIL MOTION `I move to a�rf�iorize 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 CLERKS OFF/CE) COUNC[L ACT[ON: ❑ APPROVED COUNC[L 61LL # ❑ DEN[ED l� readiag ❑ TABLED/DEEERRED/NO ACTION Enaetmeat reading ❑ MOVED TO SECOND READING (ordinances only) ORD[NANCE # REVISED - 02/06/2W6 RESOLUT[ON # CITY OF FEDERAL WAY MEMORANDUM DATE: March i, 2010 TO: VIA: FROM: Land Use and Transportation Committee Brian Wilson, City Manager/ Police Chief Brian Roberts, P.E., Street Systems Project Engin er�j(� SUBJECT: !-S South 320` Street Southbound Off Ramp Loca! Agency Agreement BACKGROUND: On August 4, 2009 the City Council authorized staff to accept $3,200,000 in STPUL grant funding for the [-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 altached Local Agency Agreement with WSDOT in order for WSDOT to proceed with the design. cc: Project File Da� Fiie � � Vl�shington S'tate �I/ �Partrnent of 7'�ansportation Local Agency and Address Loca1 Agency City of Federal Way Preiiminary Engineering P.O. Box 9718 Participating Agreement Federal Way, WA 98063-9718 Work by State - Actual Cost Agreement Number GCA 6435 State Route Number Controi Sedion Number I-5 Region { 1 Northwest Advanoe Payment Amount 94,285 1727 Surety Bond Sedion / Location I-5 South 320th Street Southbound Off-Ramp Attachments made a part of this agreement Exhibif "A" Estimate of Costs Exhibit "B" Oescription of Worlc Exhibit °C" Plan / Vicinity Map This AGREEMEIVT 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 work as described herein, and/or is responsible for a portion of the work as provided for under WAC 468-i 8-040(�(d), and WHEREAS, the LOCAL AGENCY is obligated for the cost of work described herein. NOW THEREFORE, by virtue of RCW 47.28_140 and in consideration of the tenns, cAnd'stions, covenants, and performances contained fierei�, or attached and incorporated and made a part hereof, IT IS Mt1TUALLY AGREED AS FOLLOWS: 1 GENERAL The STATE, as agent acting for and on behalf of the LOCAL AGENCY, agrees to perform the work as shown in E�ibit °8° Description of Work. Pla�s, spec+fications and cost esiimates shall be prepared by the STATE in a�rdance with the current State of Washi�gton Standard Specifications for Road, Bridge, and Municipat ConstruGion, and amendments thereto, and adopted design starulards, unfess othenvise noted. The LOCAL AGENCY agrees, upon sat+sfadory completio� of the work involved, to deliver a letter of acceptance to the STATE which shall include a �elease and waiver of all future daims or demands of any nature resulting from the performance of the work under this AGREEMENL If a letter af acceptance is �ot received by the STATE within 90 days following completion of tF�e wo�ic, the wo�lc will be considered accepted by the LOCAL AGENCY and shatl release the STATE from all future claims and demands of any natu�e resutting from the performance of the woric under this AGf2EEMENT. The LOCAL AGENCY may withhold this acceptance of worlc by submitting written notificaCwn to the STATE within the 90-day period- This noYfica6on shall indude the �easons for withholdi�g the acceptance. II PAYMENT The LOCAL AGENCY, i� consideration of ihe faithful performance of the work to be done by the STATE, agrees to reimburse the STATE #or the actual dired and related indirect cost of the wo�ic as shown in Exhibit "A" Estimate of Cost. DOT F«�+ �4-�� Page 1 of 3 Revjsed 2J10 Partiai payments shali be made by the LOCAL AGENCY, upon request of the STATE, to �ver 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 consfitute agreement as to the app�opriateness of any item and that, at the time of the final audit, all required adjustments will be made and reflected in a final paymerrt. The I.00AL AGENCY 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 woric is not made within ninety (90) days after receipt of billing the STATE may withhotd any tax monies which the LOCAL AGENCY is entitled to receive from the Motor Vehide Fund until payment for the worlc is received by the STATE. {f the LOCAL AGENCY is not eniitled to receive Motor VehiGe Funds, a surety bond �n the amount shown above written by a surety company authwized 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 sha11 remain in force until written release by the STATE. Payment not made within thirty {30) days after receipt of billings shall be considered "Pasf Oue" and bear interest at the rate of one percent per month or fraction thereof uMil paid pursuant to RCW 43.17.240- The LOCAL AGENCY agrees to pay the STATE the "Advance Payme�t Amount" siated above within 20 days after the STATE submits its first partial payment request to the LOCAL AGENCY, when applicable. The advance payment represents approximateiy fiReen (15) percent o# 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 finat adjustment made in the final payment. 111 EXTRA WORK in the event unforeseen conditions require an increase in ihe crost of 25 percent or more from that agreed to on E�'bit'A', this AGREEMENT will be modified by a supplement AGREEMENT cove�ng said increase. In fhe event it is determined that aay change from the description of worlc contained in this AGREEMENT is required, aA rov l st be secured from fhe LOCAL AGENCY prior to the beginning of such v�k. Where the change is substantiat, written app secxued. Reimbursemeni for increased worlc and/or a substan#iai change in the description of work shall be limi#ed to costs covered by a written modification, change order or extra work order approved by the LOCAL AGENCY. N RIGH7 OF ENTRY The LOCAL AGENCY hereby grants and conveys to the STATE the right of entry upon all tand which the LOCAI AGENCY has interesf, within or adjacent to the right of way of the highway, for the purpose of perForming the preliminary e�gineering under this AGREEMENT. LEGAL RELA'TIONS No iiability shall attach to the STATE or the LOCAL AGENCY by reaso� of enteri� into this AGREEMENT exce� as e�qxessty provided herein. ppT Form 224-7ot EF Page 2 ofi 3 Re,risea v10 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the party's date signed last below. LOCAL AGENCY By Name Title Date pQ'� Fortn 224701 EF Revised 2t1D STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By Name Russell S. East, P.E. Assist Regional Administrator SnoKing Titte Oate Page 3 of 3 ; • ; , , . � . ESTIMATED CO5T E �' yours suc�et PROJECT MAIdAGEMENT � � . se8 $ 53,5s4 PRELIMWARY ENGINEERING/ENVIR�NMENTAL DOCUMENTATION 3527 $ �so ,894 . FINAL DESIGN/PS�E . • 3776 � �a2,422 REVIEWS , � . 1o3s $ se,s5o . , � � . Drilling (Direct Cost) ; , �. z5,000 SUB TOTAL � 923T $ 501;250 14°� Printing and Direct ProJect Suppo�t Redistritiution Charges � � '� $ 70;175 10°� Contingency � ' $ _ 57,143 PROJECT TOTAl. � _ _ 9237 ; 628�568 1 2 3 4 lYo Overhead will be charged per Overhe�d Agreement OH 00029 Applicable to this Agreement GCA 6435 , ; � � . . ti ! 1 A CCA 643.5 Exhibit A Estimate of Costs � EXHIBIT B GCA-6435 1-5 SOUTH 320TH ST SOUTHB4UND OFF-RAMP DESIGN DETAILED SCOPE OF WORK Prepared for: C1TY OF FEDERAL WAY Prepared by: Washington State Department of Transportation Exhibit B— Detailed Scope of Work GCA-6435 Page 1 of 35 ovERV�Ew During the term o# #his AGREEMENT, the STATE shall perform professional services for the City of Federai Way, including Design, Environmental Documentation, plans, specifications, and cost estimate (PS&E), in connection with #he 1-5 South 320�' Street Southbound Off-ramp widening project. 1. BACKGROUND The City of Federal Way received a federal grant for a project to widen the Interstate 5 sou#hbound off-ramp to South 320"' Street to provide additionat right and !eft-turn lanes. 1!. PROJECT DESCRIPTION The project widens the I-5/South 320"' S#reet Southbound Off-ramp to provide additional right and left turn lanes. The project also includes madifiying the existing signal system, providing stormwater treatmenf 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). 18. SCOPE OF WORK The scope of work includes the following work eiemenis: • Project Management • Preliminary Engineering/Environmental Documentation • Final Design/PSB�E • Constructabiiity and Final PS&E Plan 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 a�e not present within the pfoject iimits. • Biological Assessment will lead to a determination of "No Effect°. • Hazardous materials wiii not adversely impact the project. • Noise Study is not needed because the projeet is not a"Type 1" project with the pote�tial to increase tra#fic noise tevets. • The existing detention pond has additional capacity to detain ►�unoff from the proposed pavement. • Drainage retrofit of existing pavement is not required. Exhibit B— Detailed Scope of Work GCA-6435 Page 2 of 35 • Widening of South 320�' Street is not necessary. • Sidewaiks and crosswalks meet the accessibility criteria idenfrfied in the Washington State Depa�tmen# of Transportation (WSDOT) Design Manual, Chapter 'I 510. . Public outreach is not required. • Additional right of way is not required. • Project wiN not be advertized until April 2011. Any change in these assumptions wiH require an agreement supplement. Exhibit B- Detailed Scope of Work GCA-6435 Page 3 of 35 WORK ELEMENT 1.0 - PROJECT MANAGEMENT Project Managemenf Objective: Develop a process to define, develop, and deliver a project on time and within budget and scope. Assumptions: The STATE Projec# Manager shall mee# with the City of Federal Way Project Manager monthly throughout the project. The STATE shall submit monthly invoices. A written summary of project progress to- date, forecasted costs to complete the preliminary engineering, and those activities expected for the next month shaH be submitted under separate cover. The w�itten summary shall include narrative descriptions of the work performed and shall cor�etate with the invoice. lssues may arise that are beyond the provisions of this scope of work. These issues wi11 be addressed following the protoco! and pfocedures 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 project. Elements of the PMP shali 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 Sta#e Management Endorsement Team Organizafion The STATE shall identify the team members and their respective roles, responsibilities, and operating guidelines. Exhibit B- Detaiied Scope of Work GCA-6435 Page 4 of 35 The STATE shaN be responsible for maintaining and updating the team organ+zation as team members and project needs change over the course of the project development. Schedule WBS Refinemenf • The STATE shall develop the project Work Breakdown Structure (WBS) from the STATE Master Deliverables List and include it in the PMP. Schedule Deve%pment • The STATE shal! develop a baseline schedule based upon #he WBS and Master Deliverables List devefoped above, with designations of critical path elements, milestones, deliverables, internal8� 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 Federai Way. Budget The STATE shall be responsible for tracking and repor�ing 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% canstructability reviews. Risk Management Plan The STATE shall identify risks to maintaining scope, schedule, and budget, quantify ihe risks in terms of probability of occurrence, and determine actions to respand to the risks in the form of a �isk 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 deveiop a specific communication plan for exchange of information wi#hin project team and with the City of Federal Way.. The Communications Plan shall describe intemal and external communications protocols and procedures. The STATE shall be responsible for maintaining and updating the Communications Ptan section of the PMP. Change Management Plan The STATE shall develop a Change Management Pian to be applied to this project. The plan will inciude the foNowing elements to be utilized in managing changes: • identify nature of change and cause (internal vs. extemal) • Analyze the effects o# the change to scope, schedule, and budget Exhibit B— Detailed Scope of Work GCA-6435 Page 5 of 35 • Oevelop a response/action/mitigation plan strategy • Communicate ! 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 wilt be used to track each change that is identified, incorporating the elements iisted above. The STATE shall maintain the Change Management spreadsheet and submit an updated spreadsheet to the City of Federal Way Project Manager on a monthly basis. Quality AssurancelQuality Control Program Development The STATE shall develop a Quality AssurancelQuality Control (QA/QC) program for the project. The QA/QC plan shall identify roles and responsibilities and procedures for checking design and PS&E work praducts. The QAIQC plan will include quality control checklists for each submittal (30%, 60°/a, 90°Io, 100%, and final PS&E). Endorsement The STATE shall submit the PMP to the City of Federal Way Project Nlanager for concurrence following endorsement by the Project Team and STATE Managemen� Deliverables: • One final prin#ed copy of the Project Management Plan (PMP). • The Project Management Plan (PMP) shall be updated on a quarterly basis and with one updated copy submitted to the City vf Federal Way Project Manager, each quarter. P�oject Management The STATE shaN provide project administration and management for the work for the duration of the project. For the puipose of budgeting, it is assumed tha# the project shall have a 15-month duration commencing April 2010 and being completed by June 2011. Scope Management The STATE shail actively manage and control scope. Out of scope and additional scope of work shall be communicated to the City of Federat Way as it is identified using the Change Management Plan. Out of scope and additional scope of work shal! not be performed until authorization is received from the City of Federal Way. Exhibit B— Detailed Scope of Work GCA-6435 Page 6 of 35 Schedule Management The STATE shali actively manage, update and control schedule The STATE shall monitor and modify the Project Schedule on a monthty basis or as needed to determine poten6al impacts of proposed changes. The STATE shall adjust the durations, predecessor reiationships, constraints, linkages, deliverable descriptions and dates, reviews, percent completes, milestones, critical path, and task completion dates to reflect the current status of the project and the revisions made to the work breakdown structure. The scheduie shall be updated once a month and after minor changes occur and immediately whe� any significant change occur that impact the project schedule. Budget Management The STATE shall actively manage, update and control budget The STATE sfiall monitor the preliminary engineering budget and repor� to the City of Federal Way Project Manager on all the expenditures. The STATE shail monitor the planned monthly expenditu�es versus 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 monthiy reports and comp(ete monthly Job Progress repo�ts and track and make adjustments to the budgets to reflect the actual status. Communicate The STATE shall conduct ongoing, proac#ive, responsive communications with the City of Federal Way staff involved +n the direction and execution of the project. The STATE shall attend monthly project update meetings. The STATE shall prepare and submi# a monthly progress repo�t that witl i�clude 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 outlined in the PMP Communication Plan. Change Management The STATE, in coordina6on with the City of Federal Way, shall implement the change management plan in the foliowing manner to limit the influence of change to project scope, budget, and schedule: 1. tdenti#y, Anafyze & Develop Change Stra#egies. Orchestrate the Change Managemen# Plan by logging, tracking, and communicating with the City of Federal Way Project Manager any potential changes identified from any source. 2. ldentify 8� Analyze Risk of Change. Identify and analyze the tikefihood of the potentia! change introducing risk into the project. Characterize the risk #o the extent possible and outline controi measures for minimizing its negative effects. Exhibi# B— Detaited Scope of Work GCA-6435 Page 7 of 35 3. Change Authorization. Communicate the proposed stra#egy(s) to resolve the change and make appropriate �evisions as necessary to gain endorsement for the change. Obtain change authorization from the City of Fede�al Way Project Manager_ 4. Work Plan Revisions. Prior to undertaking the work as a result of #he change, revise the project work plan #o avoid misunderstandings, discontent, and poor project performance. Monitor the implementation of the change using tfie standard project tools and techniques. The STATE shall also administer the Change Management Pian adopted fior the project and be responsible for updating and maintaining tfie plan on a monthly basis. Review, Update, and Report Status of Work Plan The STATE shail produce monthly progress reports, budget status and schedute updates. These will be submitted to the City of Federal Way by the 15th day of the following month. Quality Assurance/Quatity Control Program Monitoring The STATE shatl implement #he processes described in the Quality Control and Assurance Plan adopted for the PROJECT, as described in the PMP. The STATE sha11 confirm that specific project results are being manitored by each techn+cai spec+alty through Quality Control activities to determine if they are in compliance with ihe quality standards and, if not, that potential solutions to eliminate the cause(s) of unsatisfactory performance have been identified and impleme�ted. The STATE sha11 facilitate the identification and assignmeni of appropriate senior reviewers for each technicai special#y. The STATE sha11 confirm tfiat the current Quality Controi activities are ciearly indicated in the Project Schedule. The STATE shall be responsible for checking and coordinating aN drawings and specifications, design revisions and computations, estimates, and other design deliverables. Exhibit B- Detailed Scope o# Work GCA-6435 Page 8 of 35 WORK ELEMENT 2 — PRELIMINARY ENGINEERINGlENVIRONMENTAL DOCUMENTATION This work element specifically identifies the STATE's preliminary engineering and environmentaf documentation work effort necessary for the development of the Design Documentation File and Environmental Concurrence. Effo�t associated with preparing, circulating, revising and finalizing the Design Documentation File are covered separa#ely in work element Design Documentation. Project Summary The STATE shall comp�ete the Project Summary per ths STATE Design Manual. The Project Summary sha11 consist of Project Definition, Design Decisions Summary and Environmental Review Summary. Project Definition The STATE shall identify the purpose and need for the project and prepare the Projec# De�nition Form stating the purpose and need for the project and identifying the solution for addressing the project need. Design Decisions Summary (DDS) The STATE shali prepare the DDS #orm per WSDOT Design Manual as an elemen# 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 poten6al environmental impacts and documentation/permits �equired for the project. Project Data The STATE shali collect survey data required to complete preliminary design {30%) and final design (60%, 90%, and 100% PSBE) for the project. The STATE shall acquire utiiity as-buiits and locate utilities by potholing as necessary to avoid conflicts during construcfion. Survey Data The STATE shall provide surveying as needed to suppo�t the development of the preliminary design and 30%, 60%, 90%, and 100% PS&E. The surveying limits a�e the I-5 South 320�' St Southbound Off-ramp and South 320"' St�eet for 300 feet either side of the off-ramp terminal: • Horizontal and vertical control Exhibit B— Detailed Scope of Work GCA-6435 Page 9 of 35 • Existing topography • Existing utilities • Existing drainage structures with invert eievations, grate efevations, and pipe size & course • Locate geofechnicat investigation boreholes, test pits, etc. � Survey all state aquatic resources, as delineated by the STATE_ • Existing right of way and private property corners 1 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 ho�izontal and vertical control network established throughou# 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 (NAVO) 1988 for elevation_ Fie1d survey topographic mapping wiH be conducted which will delineate surface 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 wiihin the de�ned project area, and spot elevations. Data will be gathered using a combination of traditional ground survey methods. The STATE shall be responsibte for maintaining all control points/benchmartcs until the p�oject is awarded to the successful construction cont�actor. Other �eld survey mapping features could include wetland deiineation flagging as placed in the field by the STATE biologist, bore holes and/or test pits. Field surveys will be performed th�oughout the defined project area to locate curb inlets, catch basins, culverts, outfalis, 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. Survey of existing utilities shall be limited to surface or above ground features and appurtenances. The STATE shali prepare supplemental topographic base maps for specific areas identified by the design team showing al! physical features visible on the ground surface and evidence of underground utilities. The mapp+ng will also include ufility information ob#ained from exis#ing 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. t# is assumed tfiat no permanent monuments wi0 be set by the STATE along the existing or proposed right-of-way, and no record of survey will be fiied with the County. Exhibit B— Detailed Scope of Work GCA-6435 Page 10 of 35 De/iverables: • Electronic file of all suppiemental data surveyed in .dat and .srv format. • Electronic file in MicroStation showing break lines and points. • Electronic fiie in MicroStation showing the digital terrain model. • Electronic file of supplemental data surveyed used to create ground digital terrain modef. • One hard copy of the survey �eld notes. • STATE shall provide a GPS report which will disctose survey control project summary, the p�oject existing geodetic control, descriptions of the �ew control established, and the constrained and unconstrained GPS data and adjustments. As-Built Data Verified The STATE shall verify all exis#ing features within the STATE's right of way and collect suppiemental information as required for design development of the project_ The STATE shali 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 modei (DTM} will be created from all the data points collected and used to generate the contours as referenced abave. Line work connecting common data points will be performed manually within the DTM. Supplemental basemaps may be generated for selected areas and new DTMs wiA be created for these areas. Environmental Documentation The STATE shall prepare the environmental documentation and environmental pe�mit applications required for envi�onmenta! approvals. The City of Federal Way will take the lead for submittir�g the documents and permit applications to the �esource agencies for approvai. A SEPA environmental review is required_ A NEPA environmental review is required. This scope of work assumes that federai IVEPA 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 Discip{ine Reports prepared for this action are anticipated to provide the Exhibit B— Detailed Scope of Work GCA-643� Page 11 of 35 information needed for federal agency review, with minor revision to address specific agency comments. NEPA/SEPA Compliance Objective: To prepare documentation necessary #or the City of Federal Way to obtain federal and state environmental approval of the project. Assumptions: The STATE shall prepare necessary analysis to acquire federal and state approval of #he project footprint_ The analysis will not address Contractor Staging or Storage Areas or areas associated 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. I# is also assumed that the biological assessment will lead to a determination of °No Effect" and that hazardous materials will not adversely affect the project. This scope of work also assumes that federa! NEPA requirements can be addressed by a DCE. No NEPA environmental assessment or environmental impact statement is anticipated for this projec#. The Discipline Repo�ts 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 shatl prepare environmental documentation to satisfy both state and federat 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 o# an EA or EIS will require revision of this scope and budget. Exhibit B— Detailed Scope of Work GCA-6435 Page 12 of 35 Approach: The STATE shali prepare a NEPA DCE for the City of Federal Way's use in abtaining approval by the federal lead agency. The NEPA DCE includes completion of Environmenta! Classification Summary (ECS) documentation, packaging of discipiine repo�ts and studies for approval. SEPA Categorical Exemption (CE) Assumptio»s: The City of Federal Way is the lead agency for SEPA and this proposa! 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 EtS. Preparation of a SEPA CheckGst with �NS or EtS wili require a revision of this scope and budget_ Approach: The STATE shal! document the SEPA Categorical Exemption wi#hin the ECS NEPA documentation. Deliverable: • Final NEPA ECS for the City of Federal Way's use in obtaining approval by the federal iead agency with SEPA CE identif+ed. Discipline Report — Wetlands 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 khat a Wetland Inventory Report will be adequate for compliance with state a�d iocal wetlands regulations. Should the analysis of the projecf design in refation to environmental conditions indicate a potential impact to any wetland, a V1/etland and Stream Assessment Report may be required. 1n this event, a scope amendment would be required before proceeding. Assumptions: � Wetlands within 100 feet of the edge of pavement of the road or proposed widening will be delineated. These areas will be documen#ed in a repo�t figure and design drawings. • Changes to federal wetiand regulations will not result in additiona! work required to prepare the wetland report. Deliverable: • Wetland Inventory Report. Exhibit B— Detailed Scope of Work GCA-6435 Page 13 of 35 Discipline Reporf — Biology No Effect Letter Based on our curren# understanding of the proposed project design and aeriai 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 tha# a No Effect Letter will be adequate for fede�al comptiance with Section 7 of the Endangered Species Act. Shoutd 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 anaiysis will be based on one build altemative. Deliverable: • No Effect Letter. Discipline Report - Air Air Quality Discipline Report Checklist Assumption: The report assumes a hot-spot modeling for the I-51South 320�' Southbound Ramp Intersection as weH as a Regionai Air Quality Confonnity Determination Approach: The projec# is located within the Carbon Monoxide Maintenance Area and will require an Air Quality Repo�t. 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 • Ho�izon Year (2030), Build and No-Build If an intersection within the Main#enance Area is found to be LOS D or worse, then the STATE shall perform air quali#y modeling for that intersection. Delivera6Je: • Final Air Quality Technical Memo Exhibit B- Detailed Scope of Work GCA 6435 Page 14 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 traffic noise levels. 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. Deliverable: • Hazardous Materials Evaluation Memorandum Discipline Reports - Historic, Cultural, and Archaeological 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 Officer (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 Nationat Historic Preservation Act, which requires federai agencies to take into account the effect of their actions on properties listed, or eligible for fisting, on the National Register of Historic Piaces (NRHP). Culturai Resources Discipli�e Report The STATE shall identify whethe� any culturai resources exist within the projecYs area of potential effects (APE) and make dete�minations 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 #a dete�rnine the APE and collect existing information from: • Department of Archaeology and Historic Preservation {DAHP) • Tribes • Local sources • Field suroey Exhibit B— Detailed Scope of Work GCA-6435 Page 15 of 35 Deliverable: • Archaeologicai Resources Discipline Report Section 106 Assumption: Project will meet the exemption criteria for Section 106 per the Programmatic Ag�eement. Section 946 Consultation The Culturai Resources Discipline Report will provide the substan6ve basis for consultation. It is presumed that there will not be impacts and a Memorandum of Agreement will not be required. Section 106 Compliance Preparation of the Cultural Resources Discipline Reports, above, will be coordinated and receive SHPO concurrence in acco�dance with the STATE procedures. Memorandum of Agreement It is presumed that there wi11 �ot be impacts and a Memorandum of Agreement will not be required. Discipline Reports — Visual lmpacts, light and Glare There are no anticipated impacts triggering environmenta! reports in this area. Environmental Documentation Comp/ete MAJOR MILEST4NE - A!1 environmen#al documentation complete. Environmental Permits The STATE shail prepare environmental permit applications for the City of Federal 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 Elimination System (NPDES) Construc#ion Storwa#er General permit needed. • City of Federal Way night work variance needed. • Local noise variance/exemp#ions are needed from City of Federal Way and King County. Exhibit B- Detailed Scope of Work GCA�435 Page 16 of 35 Construction and maintenance activi6es during nighttime hours wili require a variance from local noise ordinances. Daytime noise from construction is usuaily 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 sufficien#iy defined to determine whether non-exempt construction times are likely to be needed and establish the appropriate permit type as wel! as likely conditions o� parameters o# approval. Deliverable: • Noise Variance Permit applica#ion for the City of Federal Way's use in obtaining a noise variance. • Night Work Varia�ce 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 #or coordination and preparation of applications for service agreements, utility agreements, utility franchises/permits or amendments, and right o# way permits. , This wor�c shall include preparing exhibits, calculations, and other design support. The City of Federal Way shall be responsibie for obtaining the actuat right of way permits and utility agreements/franchise/permits or amendments. Local Apencv Construction Permits and Apreemsnts: . Electrical Service Agreements (for iilumination and signai 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 Ptans Assumption: No right of way revisions or acquisition are anticipa#ed. Exhibit B— Detailed Scope of Work GCA-6435 Page 97 of 35 Materials (Roadway) Surfacing / Resurfacing Report Assumptions: The STATE shall prepare the Surfacing Repo�t for the project and will address the foAowing: • 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 Geotechnica! Report(s) Design-Level Field Exploration The STATE shall plan and conduct a subsurface investigation prog�am util'�zing exptoratory borings to provide infiormation 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 shall be fully utiiized and considered when preparing the �eld explora#ion p1an. The number of needed borings depends on design {ayout details; particularly signat poles, retaining structures, culverts, and stormwater facilities. At this time, we anticipate advancing on the order of five (5) borings, 25 ft in depth. The specific number of explorations will be in general accordance wiin guidelines presented in the WSDOT's November 2048 Geotech�ical Design Manual. STATE shatl perform the geotechnical borings and provide the drilling equipment, operators and inspectors to conduct the subsurface expforations. The STATE shall provide logs fior the borings and test pits. The logs shall be edited based on faboratory or fieid 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), naturai 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, direct shear tests, point load tests, and soil consolidation. AIt test resui#s shaA be included in the Geotechnical Report. Exhibit B— Detailed Scope of Work GCA-6435 Page 18 of 35 lnstrumentation The STATE shall instail field instrumentation in #he exploratory borings to monitor water levels and slope movements during both design and construction, as necessary. E�gineeringr Analysis 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 recommendations shaH be provided for preparation of project PSS�E documents. As a minimum the STATE shall address the following: • Overall stability for cut slopes, embankments, and sfructures shall be assessed. For structures, minimum foundation widths, embedment, over excavation, and ground improvement shatl be addressed to satisfy overall stability requirements. Maximum cut and fill slope inclinations shali be recommended. Any mitigating measu�es needed to obtain the required level of safety for slopes shall be fully developed for the PS&E. • Suitable retaining wall types sha11 be recommended. For all walfs (including standard, pre-approved proprietary, and non pre-approved proprietary walls), bearing capacity, settlement, construction considerations, and external stability shall be addressed. �or non-standard, non-prop�ietary walls, internal stability shali 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 es#imates shall be addressed as well as details of any mitigat+ng measures needed to keep embankment performance within project constraints. • General drainage, groundwa#er levets, soil infiltration rates, hydraulic conductivities, pH, and resistivity values as they apply to the project. • For signals and illumination, allowable iateral bearing capacity shall be evaluated. Wfiere poor soils are present tlesign recommendations for special design foundations shall be prepared. Construction Considerations Construc#ion considerations shaN be addressed. Temporary slopes and shoring limits shal! be identified for estimating purposes. Advisory Speciai Provisions sMal! be prepared far elements tha# may encounter difficult ground conditions or that may require non-typical construction methods. Over excavation recommendafions and backfill requirements shall be discussed and details prepared for the PS&E. Construction staging requirements, where applicable, shat! be addressed. Wet weather constnaction and #emporary construction water control shall be discussed. Exhibit B— Detailed Scope of Work GCA-6435 Page 19 of 35 Sfate Standards The STATE shali provide recommendations consisten# with standard material, construction methods, and test procedures as shown in the cu�rent WSDOT Standard Specifications fo� Road, Bridge, and Municipal Construction; WSDOT Geotechnical Design Manual; WSDOT Design Manuai; WSDOT Bridge Design Manual; WSDOT Consiruction Manual: WSDOT Highway Runoff Manual; and WSDOT Standard Plans. Report The STATE shal! prepare a PS&E Level Design Geotechnical Report for the project summarizing the Geotechnical recommendations for the project. Special Provisions and Plans Where elements of geotechnical complexity are identified, the STATE shall develop or modify Special Provisions as appropriate to meet the project construc6on �equirements. All recommended Special Provisions shall be included in the geotechnical report as an appendix. Deliverab/es: • Exploration plan (pian sheets showing required borehole locations) • A PS&E Level Design Geotecfinical Report. Structure Design This work element includes the development of preliminary and final design for retaining walls and other struc#ures to meet the needs of the project. Refaining Wa11 Design The STATE shali document and design non-standard retaining walls and soldier pile walls, if necessary. Wali Site Data shall be prepared for the new retaining wal�s. The STATE shall evaluate the limits and impacts of fill slopes associated with the roadway widening and intersection modificafion. The STATE shafl design the retaining waAs proposed for the project to the 60°/a, 90%, and 1Q0% design leveis_ Deliverables: • Design drawings, elevations, and sections for the 60%, 9Q°/a and 100% design levels. Speci�cations, quantities, and estimate shall be prepared for the 90% and 1009�o design levels. Exhibit B- Detailed Scope of Work GCA-6435 Page 20 of 35 Roadway Design Channelization Plan The STATE shall prepare Cfiannelization Pians in accordance with the MUTCD, WSDOT Design Manual, and the No�thwest Region Channelization Pla� Checklist. The Plans will be provided to the City of Federal Way for review and concurrence. Deliverable: • Approved Channelization Plan Pretiminary Earthwork Quantities 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 afignment data. The STATE shali prepare horizontal and vertical aiignment and superelevation design. Deliverable: • Alignment plans and coardi�ate geometry Roadway Sections The STATE shall add surfacing type and depth design to typical sections. The STATE shali calcufate preliminary quantities of surfacing maferials required for const�ucfion. Roadside Safety The STATE shall: • Develop preliminary design of improvements, reiocations, or �emovals 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, aitenuators, and obstructions within the clear zone to be removed that are requi�ed for construction. • PerForm length of need calcuiations for barrier and guardrail. Exhibit B— Detailed Scope of Worlc �CA-6435 Page 21 of 35 Preliminary Site Preparation Plans The STATE shail develop preliminary Site Preparation Plans showing removai and demolition work. Impacts to utilities shali be identified. Preliminary Paving and Grading Plans The STATE shall develop preliminary Paving and Grading Plans. Impacts to existing utilities wi11 be identified. Grading limits and impac#s to environmental will be identified as well. Hydraulics The STATE shall develop preliminary and final drainage design for the project. The STATE shall also deveiop a Conceptual Drainage Study and prepare the Type A Stormwater Report described below. Conceptual Orainage Sfudy The STATE shall develop a conceptual drainage narrative that identifies stormwa#er treatment and detention alternatives for the drainage design and to �ecommend a stormwater treatment and detention approach. The STATE sha11 also provide a conceptual drainage plan showing the recommended stormwater treatment and detention facilities inciuding preiiminary conveyance systems and a Temporary Erosion Control Plan for the build alternative. Assumptions: • Stormwater treatment and detention of new project pavement is required. � Enhanced ueatment. • Area substitution may be an acceptable option for developing mitigation improvements for d�ainage. • 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 cunent version and concur�ence of the WSDOT Highway Runoff Manual and the Department of Ecology Stormwater Management Manual for Wesfern Washingfon. 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 wiA be identi#ied from mapping and as-built plans. Impervious areas will be determined from ihe conceptual alternative plans. A Type, Size and Location Report will 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 22 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 wi1! be studied from the project area, the existing pavement, and from off site areas. A list of BMP's and a� erosion control concept plan wil! be developed for the environmental documentation. From the conceptual drainage studies, conveyance systems, treatment facilities and site locations, will be developed for the setected attemative 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 documenta#ion for inclusion as elements of the Design Documentation Package. Assumptions: • Stormwater treatment and detention for new pavement on1y. • Area subs#itution wi11 be an accep#able option for developing mitigation improvements for drainage. • No right-of-way acquisition will be needed for drainage purposes. Approach: The STATE shali expand the analysis developed in during the conceptua! drainage studies and wi11 prepare a Stormwater Repart in accordance with the WSDOT Hydraulics Manual and the WSDOT Northwest Region Stormwater Report template. The design for conveyance systems and de#ention and water quality facilities shali be based on requirements in the Washington State Department of Ecology Stormwater Managemenf Manual for Western Washington and the WSDOT Highway Runoff Manual. Revisions or Supplements to fhe Approved Type-A Stormwater Reporf After the Type-A Stormwater 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 walt design sfiould changes occur. Deliverables: • Stormwater Type, Size and Location Repo�t • Type A Stor►nwater Report • Revisions or supplements to the Approved Type-A Stormwater Repo�t as required. Exhibit 6— Detailed Scope of Work GCA-6435 Page 23 of 35 Roadside Restoration The STATE shall document roadside impacts, analyze and identify roadside restoration treatment need, and prepare Roadside Restoration Plans, Specia! Provisions, and Estimates. Assumpfions: • The concepts will foliow the policies and guidance of the WSDOT Roadside Classification Plan (1996) and WSDOT Roadside Manual and WSDOT Environmental Procedures Manuai. • No irrigation is required. • No environmentally sensitive areas will be impacted within the project limits and no roadside restoration permit documents will be required. • Roadside impacts are limited to roadway construction and no restoration of d�ainage facilities such as detention ponds, swales, or special drainage fea#ures are required. Deliverables: • Plan graphic showing site inventorylimpact ident�cation/analysis of existing site conditions and roadside functions in strip map format. • Conceptual design plans �30%), 11"x17n, 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 CoJlision Data The STATE wiA �eview accident data and summaries with cross-c{assification tables collec#ed for the project area fior consideration in design of the ramp improvement. Data CollecGon and Analysis The STATE shall perform intersection tuming movement coun#s during the AM and PM peak periods for the foltowing i�tersections: • South 320`� Street /I-5 Southbound off-ramp • South 320"' Street /I-5 Northbound off-ramp • South 320�' Street/Gateway Center Blvd South • South 320�' StreeU23`� Avenue Sou#h The STATE shall prepare AM and PM intersection capacity anatysis for the previously identified signalized intersections for the 2012 and 2030 No Action and Build conditions. Exhibit B— Detailed Scope of Wo�k GCA-fi435 Page 24 of 35 A traffic report will be prepared to document the preliminary analysis of existing and future condi#ions. Traffic Model The STATE shaii prepare forecasts for the opening year (2012) and year of desic�n (2030)_ Forecasts will use the current PSRC Emme/2 model as a basis for AM and PM peak hour traffic volumes. Forecasts wili be developed for both No Action and B uild conditions. The model networlc shap include other funded and planned roadway improvement projects for each of the forecast horizons. Turning movement deta it 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, ar�d selection of the preferred altemative. Intersection traffic operations for the tdo Action and Build (preferred alternative) conditions will be tabulated fior 2012 and 2030. The Traffic Anaiysis Report will include an assessment of accident data and safety aspects of the selected alternative. Deliverable: • Traffic Analysis Report Existing Utility Plan The STATE sha11 develop a plan showing the location of known aerial and under utility facilities. The plan should include all additional data acquired {as-builts, e�c) 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 kno wn at the 30% PS&E levef of project development. • A list of the utilities af#ected by project, and an acfion strategy for res•olving the conflicts and noting improvements. Work Zone Tra�c Control (WZTC) Preliminary Tra�c Control Plans The STATE sha11 develop work zone traffic contro! strategy for the project elemee'its to the 30% fevel of PS8�E project development. The Work Zone Traffic Cantrol Strategy will identify how the project wili be consfructed by means o# identifying iane closures, roadway closures, extended duration clo�ures, and detours. The Work Zone Traffic Contro! Strategy shall aiso address pedest�'�an and bicyclist access through the work zone du�ing construction. The STATE shai! develop traffic contro! plans for the project construction. Exhibit 8- Detailed Scope of Work GCA-6435 Page 25 of 35 Traffic contro! may extend beyond the identified project iimits 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 activi#ies to build each component. Plans developed will consider and include: • Traffic operations through the proposed traffic control • Ingress and egress locations and controt, 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 woutd be precluded from t�aveling 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 shail evaluate pedestrian facilities at the intersection of South 320 Sfreet and the 1-5 Southbound off-ramp to ensure cor�sistency with the accessibiiity criteria listed in the WSDOT Design Manual Chapter 1510, December 2009. Pedestrian facilities which are not consistent with the manual shail be upgraded to meet criteria. Assumptions: No sidewalks will need to be upgraded to meet current standards. No right of way wi8 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 Approva! 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— Detailed Scope of Work GCA-6435 Page 26 of 35 Assumptions: The proposed woric will no# require addressing any potentiai nonstandard ramp elements upstream of the proposed tum lanes. Deviations and Design Variance Form: The STATE shall develop design deviations (permanent and/or interim) for the Design Documentation Package. Devia#ions shall also be specified in the Channelization Plans. Design Parameters: The STATE shall prepa�e Design Parameters Forms per the WSDOT NW Region Design Documentation Procedures to iden6fy elements that cannot be designed to standard. Cost Estimafe The STATE shail develop a 30% base cost estimate. Deliverable: • Design Documentation Package — Design Approval Leve! Summary of Work Element 2 Deliverables • Electronic file of all supplemental data surveyed in .dat and .srv format. • Electronic fite in MicroStation showing break tines and points. • Electronic file in MicroStation showing the digital terrain model. • Elect�onic file of supplementai data surveyed used to create ground digital terrain model. • One hard copy of the survey fieid notes. • STATE shall provide a GPS report which will disclose survey control project summary, the projec# existing geodetic control, descriptions of the new control established, and the const�ained 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 i.etter • Final Air Quality Technicaf Memo • Hazardous Mate�ials Evaluation Memorandum • Archaeological Resources Discipline Report Exhibit B— Detailed Scope of Work GCA-fi435 Page 27 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 nigh# work variance for the project. • Sur#acing Report • Exploration plan (plan sheets showing required borehole locations). • A PS8�E Level Design Geotechnical Report_ • Retaining Wali Design drawings, elevations, and sections for the 60%, 90°l0, and 900% design levels. Specifications, quantities, and estimate shaN 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 Repo�t. � Roadside Restoration plan graphic showing site inventoryrmpact identi#icationlanalysis of existing site conditions and roadside functions in strip map forma#. • Roadside Restoration conceptual design plans (30%), 11"x�7", developed as a design response to the inventory/anaiysis, and identifying areas to be t�eated, functional needs and impacts, and const�aints and opportunities for review and comment. • Traffic Analysis Report. • Existing Utility Ptan identifying #he existing utilities, existing roadway channelization, proposed channelization and project footprint, as known at the 30% PS8�E level of the project developmen#. • A list of the utilities affected by project, and an action strategy for resolving the conflicts and noting imprvvements. • Wo�ic Zone Traffic Control Strategy • tdentification of pedestrian facilities not meeting the accessibility criteria. • Design Documentation Package — Design Approval Level. Exhibit B— Detailed Scope of Work GCA-6435 Page 28 of 35 WORK ELEMENT 3: FINAL DESIGN/PS&E Utilities — PSBE The STATE shail prepare existing utility plans for the project limits showing type, size and location of utilities. Assumptions: • The STATE shalt be responsible for resolving conflicts between utility features and the proposed projec# 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 �ot 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 prepare an action strategy. The STATE shall assemble and review applicable studies, existing information, and as-built plans to identify major utilities that could be affected by the project. Existing Ufilities Located After information has been obtained, surveyed, and plotted, the STATE shall identify potential impacts to utilities, including, but no# limited to, existing and proposed drainage, electrical, structural, excavation, and embankment features. A meeting will then be held with the affected utilities present to discuss utility relocation or modification options. Ufi/ity Relocation P/an The STATE shall analyze the construction limits of ali 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 i� conflict with the proposed project improvements, it is assumed that the relocation will be done by others. Deliverable: • Existing Utility Pian Utility Agreements The STATE wifl prepare and negotiate all required utility agreeme�ts with the �espective owners. Exhibit B— Detailed Scope of Work GCA-6435 Page 29 of 35 Deliverables: • Updated Utilities Location Plan • Utility Agreements documen#ation and pians Design Documentation Package for Pre-Contract Approval The STATE shaii supplement the Design Documentation Package to address any significant design changes, including additiona! design variances, in the project design and update. The STATE shali update the Design Oocumentation Package (DDP) to thepre-contract approva! level according to the WSDOT NW Region Design Documentation Procedures. Deliverables: • Updated Design Documentation Package — Project Development Approval Leve1 Contract Plan Sheets Preparation The STATE shali prepare plan sheet and reference drawings that show all project elements to be constructed for the project. Except as noted, the STATE shail prepare the following series of final plan sheets for 60%, 90%, and 100°l0 level of completion revisws: • fndex • Ucinity map • Summary o# Quantities • Roadway Sections • Alignment and RM/ Pians • Temporary Erosion Control Plans • Environmental Compliance Plans • Existi�g Utility Pians • Quantity Tabulation —Site Preparation • Site Preparation Plans • Drainage Structure Notes • Drainage Plans • Drainage Profiles Exhibit B— Detailed Scope of Worlc GCA-6435 Page 30 of 35 • Drainage Details • Planting Plans • Planting Details • Quantity Tabulation — Paving Plans • Paving Pians • Paving Details • Quantity Tabulation — Pavement Markings • Pavement Markings Plans • Retaining Wails Plans and Profiles • Illumination Plans • INumination Details • Signa! Plans • Signal Details • Sign Specifications • Signing Plans • Traffic Control Plans • Traffic Control Details Summary of Quantities The STATE shail prepare summaries of each pay item quantity for the project, to 90% and 100% review leveis of completion. The STATE shall prepare (update sp�eadsheets, drafting, backchecking, plotting, copying) #inat plan sheeis, containing the summary of quantities for the project, to 90°10, and 100% review levels of completion. Earthwork Quantities The STATE sfiall develop final Digital Terrain Models (DTM) of finished and sub-grade su�faces for proposed roadway widening and access improvements as well as retaining walls and excavation. The DTM wiil be completed and provided in MicroStation/InRoads fomiat. The STATE sha11 use the comple#ed base mapping and the finished grade DTM to calculate quantities of excavation and embankment materials required for construction. The STATE shall prepare cross sections at a maximum of 25-foot intervals. Slope staking information shatl not be prepared. Cross sections shall extend perpendicular to the centerline from right-of-way line to r+ght-of-way line. In areas of special concem, cross sections shalf be prepared on intenrals less than 25 feet. Information from this work element shall be used to prepare the Roadway Profile sheets, Quantity Tabulation Exhibit B— Detailed Scope of Wo�k GCA-fi435 Page 31 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 #he cross sections shall be shown in the site preparation plans as cuUfill lines Roadway Section Plans The STATE shall calculate quantities of surfacing materials required for construction. The STATE shall p�epare finai plan sheets, containing the roadway typical sections, stope tables, and paving 8� barrier details, and construction notes for the project, to 60%, 9d%, and 900% review levels of completion. Alignment / Right of Way Plans The STATE shalt prepare final plan sheets, containing the construction baselines & curve data, right of way centerlines, and existing right of way and access control for #he project, to 60%, 90%, and 900% review levels of compietion. Quantity Tabs The STATE shalt prepare final plan sheets, containing the design quantity tabula#ians for the project, to 90%, and 100°/a review levels of completion_ Site Preparafion 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 Profiles The STATE shall prepare finai plan sheefs, containing the roadway profiles for the project, to 60%, 90%, and 100% review ievels of completion. TESC Plans The STATE shall develop final design of the TESC elements for the project to 60%, 90%, and 100% review levels of completion, including: • Stabilization and vegetation. • Runoff containment and treatment BMP's. Drainage Plans The STATE shall develop final design {tocation, limits, type, details, plan, profiles, structure notes, construction notes, calculations, and quanfities) of the drainage elements for the project to 60%, 90%, and 100% review levels of compietion, including: • Conveyance systems for runoff and structure drains. • Flow control systems. Exhibit B— Detailed Scope of Worlc GCA 6435 Page 32 of 35 • Treatment systems. The STATE shall prepare final pian sheets, con#aining the roadway drainage for the project, to 60%, 90%, and 100% review levels of completion. This will include plan and profiies. Structure notes showing all elements wilt only be provided at the 90% and 100 % review ievels 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 wilf include roadway widening, intersection improvements including curb, gutter, and sidewalk ramps and roadside safety elements. Pavemenf Marking Plans The STATE shall prepare final plan sheets, containing the pavement marking elsments for the project, to 60°>0, 90%, and 900% review levels of completion_ l!lumination Design The STATE shall prepare Ad ready final plans, specifications and estimate (PS&E) for the iliumination design e{ements for the projec#. The Ad ready plan sheets will include contrac# plans �or permanent and temporary illumination systems, eiectrical schematics and equipment and instailation details. The STATE shall provide 60%, 90% and 100% ievels of plan completion for review. Signing Design The STATE shall prepare Ad ready final plan, specification and estimate (PSBE) for the sign design elements for the project. The Ad ready plan sheet wi8 include contract plans, Sign Specification and Detail Sheets. The STATE shati provide 60%, 90°/a, and 104°!0 levels of plan completion for �eview. Signal Design The STATE shall prepare Ad �eady final plans, specification and estimate {PS8�E) for the Tra�c signal design elements for the project. The Ad ready plan sheets wiil include contract plans for permanent and temporary Traffic Signal systems, electrical schematics and equipment a�d ins#alla#ion details. The STATE sha8 provide 60%, 90% and 100% levels of pian completion for review. WaH Plans The STATE shall prepare final plan sheets, containing retaining walls for the project, to 60%, 90°!0, and 100% review ievels of completion. This will include plan, elevation, and de#ails for each wall. Exhibit B— Detailed Scope of Work GCA-6435 Page 33 of 35 Tra�c Con#rol Plans The STATE shall develop final tra�c control plans 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% leveis of plan completion for review. Contract Specifications Deveiopment The STATE shall write project special provisions and assemble the contract provisions for reviews and advertisement Specifications will be developed for 90% 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 sMall include back up calculations and assumptions for every bid i#em on the Summary of Quantities (SOQ). Cost estimates sha11 include the development of quantity take-affs, unit price determi�ation and compiling the estimate. Cost estimates shall be developed to reflect the following levels of design completion: • 90% level of completion • 100% level of compietion Working Day Estimate The STATE shall prepare estimates of construction time (working days) for constnaction. Draft estima#es will be submitted for the 90°/a level of completion and a final estimate with the 100°/a levei of completion. Construction Permits The City of Federa! Way will acquire a Right o# Way permit for any Construction Signing lacated within city street right-of-way. Assumptions: Construction permits from priva#e property owners and King County will not be necessary. Exhibit B— Detailed Scope of Worlc GCA-6435 Page 34 of 35 WORK ELEMENT 4: REVIEWS This work element includes both intemal Quality Control reviews and the Constructability Review #o be performed by the STATE. Cons#ructability & Final PS8�E Reviews The STATE shatl ensure that the projec# possesses the attributes of constn.ictability, including coordination of al! project elements, application of construction and maintenance k�owledge, and review of inethods, techniques, sequences, and procedures by which the project can be buiit. This will be accomplished by regular caordination of WSDOT support group and construction staff. Constructabili#y Reviews will be performed on the 60%, 90%, and 100% PS&E packages. The 60 9�a Constructability Review will address plans only. The 90% and 900°� Constructability Reviews will address plans, specifications, and estimate. Proprietary ltems Approval The STATE shail prepare justification documentation for use of proprietary items in the contract, if necessary, and shall see approval from FHWA. Lump Sum The STATE shall provide back up data and calculations for all lump sum items and non- standard item unit prices inciuded in the 100% Engineer's Estimate. Updates shall be provided for the Proof Copy and Ad Copy Engineer's Estimates. Adverfisement Adve�tisement 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 35 of 35 MAP 2: DESIGNATED URBAN AND MANUiACiURtNG/INDU57RIAL CENTfRS (REGIONAC GROWTH CENTERS) The tegio�'s growd� pfan — VISION 2020 — encowoges population and employmen� �owth within Urba� Growth Areos chosen i� accor- donce wilh Washington's Growth Manac�emetN Act. The re9ion emisions most gtowth ocaurring i� designated centers: Urba� Centers are interxled to concenhate both popv]allon and �obs; Manufachrring/lnduskial Ce�ters are iniended to concenttate jobs. Nota dwt designa- tion of Ihe South Lcdc,e Union urbcm center was in pro8ress at the ime this plcm wvs bei�g adopred. � ` i - L . . _ .. . , . e---! '. " .- : ` . F ^ ° ,. i < < � L'a.Y _z��,�_ . '::� 'R '� v, r - Y. 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" _._.__.. _ < � , .. .� . �.. .. . . _ _ . _ - - —_ =3e?_ �� uESraur�oa 2oao v�rare RgatSpaqOeyfaidGand GCA 6435 Exhibit C Plan/Vicinity Map COUNC[L 1�iEE`['I;VG DATE: March 16, 201fl CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL COMMffTEE REC:01I1IF.YDATION Forward the staff recommendation as ouilined in Section H of the February 22, 2010, Staff Report to the LUTC to full Council on Mazch 16, 2010. ITENI #: 5 SUBJECT 2010 Pluu�iug Commission and Long Range Planning Work Program Po[.[cY QUEST[O�: HOtit s hould the 2010 Planning Commission Work Program be prioritized? Col�i!�I[TTEE Land Use�'Transportation Committee {LUTC) MEETING DaTE March 1 , 20t0 CATEGORY: � Consent ❑ City Council Bnsiness � ■ Ordinance ❑ Public Heazing ❑ Other S'raFF ItEroRT Bti': Ntargaret Clark, Senior Plann� Resolution DEP'r: 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 Pianning Commission's work program consists of reviewing and making recommendations to the Land Use/Transportation Conunittee (LUTC) and City Council on comprehensive plan am�►dments that are docketed and selected for further retiiew and zonuig code amendments that are prioritized for review by the LUTC and City Counci(. Staff has prepared the attached staff report to assist the LUTC and City Councii in approving this year s c�rk program. Attachments: February 22, 2010, Staff Report to the LtTfC Exhibit A, LUTC Recommendation Options Considered: 1) Approve the staff recommendation; 2) Modify the staff rocommmdatian. S'raFF RECO�t�tE:vnar[o�: Staff recommends approval of the 2010 Planning Cammission Work Program as outlined in Section H of the Eebruary 22. 2010, Staff Report to the LIJTC. CCCY MANAGEK APPRO�":V.: {u L�/, p�� /(� �, M�-"DtRECTOR APPROVAL.: � __ ��. _ Committ e Council Committee Councii BELOW TO BE COMPLETED BY ClTY CLERKS OFFICE) COUNCIL ACT[ON: ❑ �►PPROVED ❑ DENIED ❑ TABLED/DEEERRED/?IO ACT[ON ❑ MOVED TO SF.COtiD IiEADING (ordinances only) REVISED - 0?'06 2U06 IC:`.2C�10 Ptanining Conm�+>�ion ��'ork Pro3'anr.LL''CC Agenda f3ili.doc COUNCIL BILL # 1 reading Enactment reading ORDINANCE # RESOLUTION # PROPOSED COUNC[L Mo1'[oN: '`I move approvat of the LUTC's recommendation to approve the 2010 Planning Commission 6vark Prob am, which is attached ai F_.rhibit �1 (to be prepared after the LLITC recommendation) " l�l CITY OF Federal Way DATE: February 22, 2010 TO: Dini Duclos, Chair Land Use/1'ransportation Committee (LUTC) FRO[vt: Greg Fewins, Director of Community Development Services Margaret H. Clark, Senior Planner SUBJECT: 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 (LUTC) 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 Councii. The purpose of this memorandum is to assist the LUTC and City Council in approving this year's work pmgram. 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 car�ied 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 ProgramlStaff Recommendation C. ITEMS COMPLETED IN 2009 I. Items camed forward from 2008 P(anning 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 us� • Hours of operation • Emergency r�reational 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 parking Amend Federal Way Revised 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 oprions related to moving the point of On-going. Presented to LCTTC on 2/01/10. LUTC collection of all city-administered impact fees to a Study Session to be scheduled by 4/01/t0. date closer to the end of the development and building process Comptete the Shoreline Master Program Update Draft was forwarded to Departrnent of Ecology (Required) (DOE) in November 2009. Staff is responding to comments &om DOE received in January 2010. Expand the size of heaith clubs in the 3/02/10 City Council Second Reading Neighborhood Business (BI� zone Clarify accessory dwelling unit (ADU) regutations. 3/O1/10 LUTC Amend various sections of the FWRC pertaining to 3I01/10 LUTC who is authorized to conduct an appraisal of property. Amend the requirement for number of pubtic 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 reseazch stage. Center Core (CC-C) zoning district. This is part of a larger code amendment to study increasing heights Land UseJTransportation Committee (LUTC) Staff Report Mceting Date: March I, 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 maximum allowable In research stage. density for senior housing in the Community Business (BC) zone. E. 2010 CODE AMENDMENTS REQUESTS The FWRC r�uires the City to accept appiications for code amendments on an annual basis. The City received the following citizen-initiated code amendments in September 2009: l. 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 car 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 10-140067-UP — Request by Marion Bartholomew for a code amendment to ban roosters. There have also been other inquires to amend FWRC 19.260, "Animals," to allow a limited number of chickens on City lots. Presently, the code requires a minimum size of 35,000 square feet for the kceping 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 The FWRC requires the City to accept applications for amendments to the comprehensive plan on an annual basis. Staff recommends that the following three requests be considered further this year (please see February 22, 20i0, StaffReport to the LCTTC titled "Selection Process — 2010 Comprehensive Plan Amendments" for more detail): 1. Request by Lloyd/Valiani for a comprehensive pian amendment and rezone of 3.0 acres (parcel no.'s 212iO4-9039 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 squaze feet). 2. Request by John Song for a comprehensive plan am�dment and rezone of 1.39 acres (pazcel no. 236800-0040) locatal 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�. 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 Land UseJTransportation Commiuee {LUTC) Staff Report Meeting Date: March 1, 2010 2010 Planning Commission and Long Range Planning Work Program Page 3 South, from Commercial Entecprise (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: • Prepaze an annual report on building permit 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 �` 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). • Pmvide information on an annuai basis to King County on affordable housing, acres of parkland, 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 Ana(ysis 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 &om 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 Anaiysis Zones (TAZ's). • Review proposed amendments to the King County Countywide Planning Policies and provide information to the City Council for their fcedback. H. POTENTIAL 2009 PLANNING COMMISSION WORK PROGRAM/STAFF RECOMMENDATION 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 staffls time is expected to be spent on the annual comprehensive plan update process and reporting and monitoring work r�uired by state law. In Land UseJTransportation Committee (LUTC) Staff RepoR Meeting Date: March t, 2010 2010 Planning Commission and Long Range Planning Work Program 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 axnending 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 ali 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 accomptished 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 Ptanning Staff Work Items (Not Mandatory) Mandatory - Anticipated to be completed in 2010 In Process - Anticipated to be coinpleted in 2010 Complete the Shoreline Master Program Update Expand the size of health clubs in the Neighborhood Business (Bl� zone - 3/02/10 City Counci! Second Reading Monitoring and Reporting — Report to the Office of Ciarify accessory dweliing unit (ADtnregulations — 3/Oi/10 Financial Management; Buildable Lands Report, LUTC Report to the Puget Sound Regional Council (PSRC) Complete the 2009 and 2010 Comprehensive Plan Amend FWRC 1930, "Nonconformance," and FWRC i9.135, 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 — 3/01/10 LUTC Chapters 3, Transportarion & 6, Capital Facilities) Amend the requirement for number of public notice boards for short subdivisions - 3/O1/10 LCTTC Not Mandamry (in priority order) - Anticipated to Amend FWRC, Titie 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 oprions related to moving the point of collection of all requirements for open-space set-aside in the City- city-administered impact fees to a date doser to the end of the Center Core (CC-C) zoning district development and building process -LUTC Study Session to be scheduled by 04/O1/10. Land UselTransportation Commiuee (LUTC) Staff Report Mec�ing Date: March 1, 2010 2010 Planning Commission and Long Range Planning Work Program Page 5 Long Range Staff Work Items Current Ptanning Staff Work Items (Not Mandatory) Deiete the maJCimum altowable 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 allowabie uses. Consider citizen-initiated request to atlow 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 prolubit temporary car sates. Not Maadatory — Completion will be based on Allow Ot� Site Signs, Portable Signs, Banners, & Kiosks available staffing (Includes Phase 2 Portable Signs) Increase the maximum al(owable 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 materiais. year) (Initiate updates to Chapter 2, "Land Use," Chapter 3, "Transportation." and continue updates to Chapter 6, "Capita! Facilities." Research zoning-related incentives to encourage Low Amend FWRC 19.260 "Animals," to allow a limit�i number of Impact Development. This will inctude researching ciuckens on City lots. Consider citizen-initiated request to ban maximum lot coverage for singte-family development roosters I. Co�urr�E Orr�orrs The LUTC and/or City Council may substitute items on the Potential 2010 Planning Commission Work Program, or may modify the priority order recommended by staff. K:�20 t0 P1anm►ing Commission Work ProgramlLUTC1020 t t0 Meeting�Staff Repcxt.doc �The Governor's Office has introduced a bill to extend the deadline for the update to December 1, 2014. Land Useltranspartation Committee (LUTC) Staff Report Mceting Date: March 1, 2010 2010 Planning Commission and Long Range Pianning Work Program Page 6 EXHIBIT A Potential Planning Commission Work Program Long Range Staff Work Items Current Planning Staff Work Items (Not Mandator Mandatory — Anticipated to be completed in In Process — Anticipated to be compleded in 2D10 2010 Complete the Shoreline Master Program Update Expand the size of health clubs in the Neighborhood Business (BN) zone — 3/02/10 City Council Second Reading Monitoring and Reporting — Report to the Clarify accessory dwelling unit (ADinregulations — 3/O1/1 Office of Financial Management; Buildable LUTC Lands Report, Report to the Puget Sound Regional Council (PSRC) Complete the 2009 and 2010 Cornprehensive Amend FWRC 19.30, "Nonconformance," and FWRC Plan Update (L1oydNaliani, Song, and ST 19.135, "Development Improvements," pertaining to who Fabrication Site-Specific requests and text is authorized to conduct an appraisal of property -- amendments to Chapters 6, Capital Facilities 3/O1/10 LUTC Amend the requirement for number of public notice boards for short subdivisions — 3/O1/10 LUTC Not Mandatory (in priority order) — Amend FWRC, Title 18 "Subdivisions," to simplify the Anticipated to be completed in 2010 submittal requirements for plats — 4/07/10 Planning Commission public hearing Increase the maximum allowable height and Explore oprions related to moving the point of collection amend requirements for open-space set-aside in of all city-administered impact fees to a date closer to the ' the City-Center Care (CC-C) zoning district end of the development and building process —LUTC Study Session to be scheduled by 04/O1/10. Delete the maximum allowable density for senior housing in the Community Business (BC) zone Evaluate the existing Neighborhood Business Unscheduled —Anticipated to be completed in 20I0 (BN) zones to deternune whether changes should be made to their designations or allowable uses. Consider cidzen-initiated request to allow kennels, dog day care, and pet training in the BN zone. Amend FWRC 12.25 "Temporary Businesses," and FWRC 19275 "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, & available staffing Kiosks (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 Long Range Staff Work Items Current Planning Staff Work Items (Not Mandator Start the 2011 Major Comprehensive Plan Clarify FWRC 19.130.230 regarding parking surface Update� (Not required but recommended to be materiais. started this 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 Amend FWRC 19.260 "Animals," to allow a limited Low Impact Development. This will include number of chickens and rabbits on City lots. Consider researching maximum lot coverage for single- citizen-initiated request to ban roosters family development Pursuant to Federal Way Revised Code (FWRC) 19.80.080, the City Council may, at their discretion, add items to the Planning Commission Work Program at any time. K:�2010 Plannning Commissian Work Progam\City Council�Potential Planning Commission Work Program.dce �The Governor's Office has introduced a bill to extend the deadline for the update to December l, 2014. COUNCIL MEET[NG DATE: March 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL ITEM #: l.(� .Q. . AGENDA BILL SUBJECT: Selection Process - 2010 Amendments to the Comprehensive Plan POL[CY QUESTION: Which of the citizen-initiated site-specific requests for comprehensive plan amendments should City of Federal Way staff research further? COMMiTTEE: Land Use/Transportation Committee (LUTC) CATEGORY: ❑ Consent ❑ City Council Business ❑ Ordinance ❑ ResotuNon MEETING DATE: March 1, 2010 � Public He�ring ❑ Other STAFF REPORT BY: Mar aret Cla Secuor Planner DEPT: Community Development Services -------------- g -------�' ----------------..__.------------------ -----�- Attachment: February 22, 2010, Staff Report to the L[TTC with Exhibits A- E-1. Background: The Federa! Way Revised Code (FWRC) requires the City to accept applications for amendments to the Federa! 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): (t) 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 i.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, &om Commercial Enterprise (CE) to Multi-Family (RM 2400 one unit per 2,400 square feet). Please see the attached staff report for further details. Pursuant to FWRC 19.80.080, after the deadline for accepting apptications and following an LLJTC recommendation, the City Council shatl 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 staff recommendation; 2) Modify the staff recommendation. STAFF RECOMMENDAT[ON: That all three citizen-initiated requests (L1oydNaliani, Song, and ST Fabrication) be forwarded for further consideration by the Planning Co mmission, LLJTC, and City Council CI'i'Y MANAGER APPROVAL:�j,,,J �,�� , M+ ��RECTOR APPROVAL: ;�� G�� Commi ee Council Committee Council COMMITTEE RECOMMENDAT[ON: That all three citizen requests (Lloyd/Valiani, Song, and ST Fabrication) be forwarded for fi�rther consideration by the Pianni ommis 'on, L and City Councii. \ . ' Dini Duclos, Chair im F 11, Member ack Dove , mber PROPOSED COUNCIL MOTION(S): "I move approval of the LUTC recommendation. " (BELOW TO BE COMPLETED BY CITYCLERKS OFF[CE) COUNC[L ACTION: ❑ APPROVED COUNCIL BILL# ❑ DEN[ED t reading ❑ TABLED/DEFERRED/NO ACTION Enaetment readi� ❑ MOVED TO SECOND READINC (ordinances only) ORDINANCE # REVISED-02/06l2006 RESOLUTION # K1Cosoprdxnsive PI��Z0�0 Comprebensive Plan Update�Sekction Process��L(Ti'CO30110 LUCC �teeting`Ageuda Biil.doc _. ` CITY OF � Federal Way DA1'E: To: FROM: SUBJECT: February 22, 2010 Dini Duclos, Chair Land UsefTransportation Committee (LUTC) Greg Fewins, Director of Community Development Services Margaret H. Clark, Senior Planner Selection Process — 2010 Comprehensive Plan Arnendments MEETING DATE: March 1, 2010 I. II. III. POL[CY QUESTIOIY Which of the citizen-initiated site-specific requests for comprehensive plan amendments should City of Federal Way staff research further? BACKGROUND The Federal Way Reuised 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 February 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 LLTTC 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. COMPREHENSIVE PLAN AMENDMENTS Changes and updates to the comprehensive pian 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. � The Governor's Ofiice has introduced a bilt to extend the deadline for the update to Decernber 1, 2014 Land Use/Transportation Committee (LUTC) Meeting Date: Mazch I, 20i0 Selection Process — Comprehensive Ptan Amendments Page 1 of 1 l Following is a list of comprehensive plan amendments received in September 2008 (2009 Comprehensive Plan Update) and requests received in September 2009 and Febntary 2010 (2010 Comprehensive Plan Update). Each section is further broken down by whether it was initiated by citizens or by staff. A. 2009 COMPRENENS[VE PLAN AMENDMENTS 1. Citizen Initiated (E�chibit A— Composite Map): (i) File OS-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 Singie Family - High Density Residential (RS 7.2, one unit per 7,200 square feet) (Site A). Withdrawn. (ii) File OS-104052-UP — Request from Montdale Properties LLC for a comprehensive plan amendment and r�zone of 3.31 acres (parcel no. 3021049173) 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, 3021049066 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 Family - 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. 302104-9041) located at 36606 b'�' Avenue SW, from Single Family - Medium Density Residential (RS 15.0, one unit per 15,000 square feet) to Single Family - High Density Residentiai (RS 7.2, one unit per 7,200 square feet) (Site E). Withdrawn. (vi) File 08-104608-UP — Request from L1oydNaliani for a comprehensive plan amendment and rezone of 3.0 acres (parcel no.'s 212104-9039 and 2121049047) 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 amendment and rezone of 3.9 acres (parcel no's. 092104-9107, 092104-9136 and 092104-919b) 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 comrnon interests (Site G). Withdrawn. Land Use!['ransportation Committee (LUTC) Meeting Date: March 1, 2010 Selection Process — Comprehensive Plan Amendments Page 2 of 1 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 fmdings and input from 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 suppozt is generated, then the applicants (Requests [i] through [v]) may participate in the larger effort. Mr. Loher (Rec{uest [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) Fiie 09-103795-I1P — Request from 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 (BN) (Site H). (ii) Fiie 09-103788-UP — Request from Sonia Sciscente on behaif 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 S l s ` Avenue South at South 316�' Street. This would require amendments to Chapter 3, "Transportation"; Chapter 6, "Capital Facilities"; Chapter 7, "Potentiat 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 Enteiprise (CE) to Multi-Family (RM 2400 one unit per 2,400 square feet) (Site J). 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 UselTransportation Committee (LUTC) Me�ing Date: March 1, 2010 Selection Process — Compmhensive Plan Am�►dments 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 COiJNCIL 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. B�ause 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 COMPREHENSIYE PLAIY AMENDMENf PROCESS March 1, 2010 LUTC 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 Pubiic Hearing by City Council. The City Council shall deternune which requests should be considered further. VI. BACKGROUND AND STAFF ANALYSIS — SITE-SPECIFIC 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 Locallon: North of South 340�' Street and east of Pacific Highway South, (Exhibits C and G 1) Land Use�Transportation Committee (LUTC) Meeting Date: March 1, 2010 Selection Process - Comprehensive Plan Am�dments Page 4 of l 1 Size: 3.0 acres Eausting Land Use: Single family homes Applicant: Patricia Larson, Robert Lloyd, Sheri Valiani Agent: Owner: Exisdng Comprehensive Plan: E�sting Zoning: Requested Comprehensive Plan: Requested Zoning: 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 squac�e feet) 2. Background The applicants request a change from Commercial Enterprise (CE) to Multi-Family (RM 3b00, 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 er 3,600 uare feet) South Commercial Enterprise, CE Industrial Uses East Multifamily (RM 3600, one unit Christian Faith Center Church parking lot r 3,600 square feet) West Commercial Enterprise (CE) Legal nonconforming single-family residence B. Site-Specific Request #2 — Song 1. Summary Fiie Number: Parcel No.: Address: Location: Size: Applicant: Agent: Owner: EzisNng Comprehensive Plan: Existing Zoning: Requested Comprehensive P1an: 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) 1.39 acres John Song Same Same High Density Residential RS 9.6 one unit per 9,600 square feet Neighborhood Business Neighborhood Business (Bl� Land Use/fransportation Committee (LUTC) Meeting Date: March l, 2010 Selection i'rocess — Comprehensive Plan Amendm�ts Page 5 of 11 2. Background The lot is developed as a retail nursery and greenhouse, which is a legal nonconforming use in a single family zone. The applicant is requesting a Neighborhood Business (BN) 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 & L�nd Use Zoning Land Use King County Neighborhood Convenience store with gas stations on both the North Business Zoning (NB-P and northeastern and northwestern comers NB) South Single Family ( RS 9.6, one Single Family residence unit r 9,600 square feet) East Be� borhood Business Convenience store with gas station W � t Single Family (RS 9.6 one Single Family residence unit r 9,600 s uare feet) C. Site-Specific Request #3 — ST Fabrication 1. Summary File Number: Parcel No's: Address: Location: Size: E�tisting Land Use: Applicant: Agent Owaer: Existing Comprehensive Ptan: Existing 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 n. 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, iocated to the east is 4.76 acres and is presently used as a manufacturing plant, ST Fabricatioq 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 residentiai uses on the upper floor. The Commercial Entetprise (CE) zone in which the two parcels are located, does not allow Land UselTransportation Committee (LUTC) Meeting Date: March 1, 2010 Selection Process — Comprehensive Plan Amendmenu Page 6 of l 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 liketihood 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 Zoning Land Use North Commercial Enterprise (CE) Warehouse South Single Family (RS 15.0, one Single family houses unit r 15,000 uare feet) East of Parcel Commercial Enteiprise (CE) ST Fabrication 292104-9095 East of Parcel Multifamily (RM 2400, one 16 Avenue South and 292104-9107 unit r 2,400 uare �eet) a artment com lex West Commercial Enterprise, CE Vacant, Hylebos wetlands VII. SELECT[ON 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 amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the pubiic interest. Response to Criterion #1- Request Response Site Specific Request #1— �s area was not studied in the previous amendment process. L1oydNaliani Site Spec� Request # 2— This area was not studied in tiie previous amendment process. Song Site Specific Request # 3— �s 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 p(an does not provide locational criteria for the L1oydNaliani mutri-family designation. Land Use Policy {LUP) 9 states, "Designate Land Use/Transportation Committce (LUI'C) Meeting Date: March l, 2010 Selection Process — Compr�h�sive Plan Amendments Page 7 of 1 i Request Response and zone land to provide for Federal Way's share of regionaily adopted demand forecast for residential, commercial, and industrial uses for the next 20 years: ' The applicant states that they have constructed other senior housing in the area and feel that here is a demand for more senior housing. In addition, there are businesses in close proximity, wluch provide services that seniors wan� This request is consistent with the overall vision of the comprehensive plan. Site Specific Request # 2— Tiiis request is consistent with the overall vision of the comprehensive Song plaa 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 southwestem comer of the South 320�' Street and Military Road intersection. There are Neighborhood Business- zoned parcels at all of the other three comers of tt►is intersection 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: LUP I S states, "Protect residential areas from 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 - A11 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 whoie 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 Criierion #1- If the City Council deteimines that these requests should be analyzed further, they can be incorporated into the 2010 Planning Commission Work Program. F. Criterion #1 - Ainount 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 Use/'transportation Committee (LUTC) Meeting Date: March 1, 2010 Selection Process — Comprehensive Plan Amendments Page 8 of 11 Response to Criterion #2 — None of these requests require large-scate 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: l. LloydNaliani 2. Song 3. ST Fabrication VIII COUNCIL ACTION 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 Pianning Commission for its review and recommendation. The 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 RECOMMENDATION Staff recommends that all three requests move forward for further consideration. This recommendation 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 Commerciai Enterprise (CE) to Multi-Family (RM 3600, one unit per 3,600 square feet). Staff Recommendation — Staff recommends that the LLTTC forward the proposed amendment request for consideration by the Planning Commission, LITTC, and City Council. C. Site-Specifcc Request #2 — Request by John Song for a comprehensive plan amendment and rezone of 139 acres (parcel no. 236800-0040) located at 32i08 39th Avenue SW, from Single Family - High Density Residential (RS 9.6 one unit per 9,600 square feet) to Neighborhood Business (Bl�. StafJ'Recommendation — Staff recommends that the LITTC forward the proposed amendment request for consideration by the Planning Commission, LLJTC, 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 Use1'fransportation Committee (LUTC) 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. X. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LLJTC forwards the recommendation to the full Council as follows: l. LloydNaliani Request a) �,/� That the request go forward for further consideration. b) That the request not go forward for further consideration. AL OF COMMiTTEE Dini Duclos, Chair Member 0 2. Song Request a) � That the request go forward for further consideration. b) That the request not go forward for further consideration. AL OF COMMITTEE REPORT: � l� Dini Duclos, Chair Member 3. ST Fabrication Request a) �✓� That the request go forward for further consideration. b) That the request not go forward for further consideration. 'AL OF COMMITTEE REPORT• � a �), Dini Duclos, Chai Member �, Member Larrd Uselfransportation Committee (LUTC) Selection Process — Comprehex�sive Plan Amendm�ts Meeting Date: March l, 2010 Page 10 of 1 l XI. LIST OF EXH[BITS Exhibit A Exhibit B Exhibit C Exhibit C-1 Exhibit D Exhibit D-1 Exhibit E Exhibit E-1 Composite Map of ail Requests Composite Map of Requests Presented for Selection Vicinity Map of Site-Specific Request #1 — L1oydNaliani Aerial Photo of Site-Specific Request #1 — Lloyd/Valiani 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:�Comprehensive P1an�20(0 Cort�refiensive Pian Update\0301 t0 LUTC MeetingW30l l0 Report to the LU'i'C.doc Land Useltransportation Committee (LUTC) Meeting Date: March 1, 2010 Selection Process — Comprehensive Plan Amendments Page 1 i of i 1 City of Federal Way 2010 Potential Comprehensive Plan Amendments Composite Map Exhibit A Citizen Initiated Requests Legend - Request Sites .._.....� 1�,..� Federal Way City Limits Request Key A. - Morrow B. - Montdale Properties C. - Montevista Estates D. - Lee E. - Emerald Heights F. - Lloyd / Valiani G. - Steel Lake V�lage H. - Song 1. - Friends of Steel Lake Park J. - ST Fabrication � N 0 0.5 1 �� MAe This map is accompanbd by no warranties, and is simply a graphic representation. City of Federal Way 2010 Potentia! Comprehensive Ptan Amendments Composite Map Exhibit B Site Specific Requests Legend - Request Sites .,,...._. i�� Federal Way City Limits RequestKey 7. - Ltoyd / Valiani 2. - Song 8. - ST Fabrication N o o.s � Mile This map is �ccompanied by no warranties, and is simply a graphic representation. � � r $ 3iiTN &T BC l 9 �/ �� I s s�cnt � BC � .. ` � � �� < 6 BC <� �_� �- `-__.. � , � ,�. ,_._.., , , �.. "' ;� � ;; � '�.j z.. ''� � ` I� ` � t^ _ j . LS �-'� . � �,Y`� ' �; �;` �"� !-� � M3� p � �- �`` » °� � � � q i 3 � �� -�� !3c �� ( Existing Desigrwtions Comprehensive Plan: Commercial Enterprise (CE) Zoning: Commercial Enterprise (CE) Rsquested Designations LI o d/ Va i i a n i Comprehensive Plan: Mu�i-Fam'rly y ?��g� ��o Site Specific Request #1 , �.,_ �--�-_; ' �� 4 � Exhibit C �, � � � � ,---_ M �� _�,�'—� �� Lsgend Site Specific Request � Buildings Streets Streams (City Survey) � Wetlands (1998 City Survey) CP• � Zoning Boundary" Plote: M asterix (*) next to a zoning designation indicates the property is govemed by a develop�nt agreement. R .� ��I � � � � ] ; ;� ; �- , .. ` °�7 � i i �s � �-.._.� a B C ��_i ' ' ;,.,_,l � ;----, � �� , , '�( � y F � � N �� . ..^� . I 3 t �' _�i � _� ("°�,�.�.�.�`CE ` � �-`+� 1:. � -- ._.__._.., , ,�, i�....., � � Li _ __� --�_.____..., � M L� CMk i � t'" ,� ��..� f l. < z ,� � U i L4T!! iT M 4- � t � � i „ � - '< 4 � � ; � �a 2 � � � � :_.1 IIMN a��uta .�. f �� - � V �� CE C� � t ��i-w� i= CP-1 * � r City of Federal Way 2010 Site Specific Requests for Comprehensive Plan and Zoning Designation Changes � � 0 250 5Q0 Feet uri o� Federal Way This map is accompa�ied by no warranties, and is simply a graphic representation. 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 Site Specific Request Streams (City Survey) � Vlktlands (1998 City Survey) � Zoning Boundary* Note: An asterix (*) next to a zoning designation indicates the property is govemed by a development agreement. � N 0 250 500 Feet GTY OF Federal Way This map is accompanied by no warranties, and is simply a graphic representation. 10.mxd � � a 0 fl �II R-18-P 0 ST � 1 * �� r � � � . , �\ � � � r Q� ` . � � ��aY OP-1 � 1* Q v \ � � \ d •� s � � u � �' � City of Federal Way M �� 2010 � Site Specific Requests R-4 for Camprehenaive Plan and �� Zoni:ng Qesignation Changes EX�81�1'ig D@�1+�118�0115 GO/t't�/'�/1@/1S11/@ P/8/'l: �ulll�}� F�'1'1�/� �"�i$f1 �@f1S�/ Zor�ti�►g: RS9.6 . �� .: . . � .I. � � ' _ f '��J � ��.�.� ' t/ t� ►=.�.I; �.�./ I.�.��t r: l�-r' �.. �� =� ��, �-,� NB. �- R-4 � � ,, ti � B�if ��`� , � _ �� I �' � � . 5 311i7 fT � �3 `---' _ � �,'; � � .�.; , � s , � "� <"� � a �;�" . � R'4 � ' I ;�,r3 �+;�'� "�Y`� � � � � � r� r � �� R `_ ,� � �s � '3 [i ' � i} t --� ' o � � : y � i �>�'U ,��" � � �� ;��G f�� } s. � 1�MZaoo �' G e`� � a c0.� �,� _ �� i �� ,* � �_ �� .� �:, � �y ` � Ci � �.�nL�� '�'�� `�� „ �w �,�,,�RM2400 � . _ � . ��`, � � �! �� RS9.6 � a .6 � L Song Site S�cific Request #2 Exhibit D Legsnd Sfte Speci�ic Request �t � au�ys Streets Streams (City Survey) � W�ands (1998 City Survey) Q ZO(1� BOUM{8('�l Alote: M asterix (*) nexc to a zoning designapon inEJicsbs the Prop�rtY is gov�ci by a devebprtwnt agreement. iJ / � N o 25o soo Feet uri � Federal Way This Rnap is accomp�nied by no warranties, and is sin�ply a graphic representatio�. City of Federal Way 2010 Site Specific Requests for Comprehensive Plan and Zoning Designation Changes Song Site Specific Request #2 Exhibit D-1 Legend Site Specific Request Streams (City Survey) � Wetlands (1998 City Survey) Q Zoning Boundary" Note: An asterix (*) next to a zoning desi�ation indicates the property is govemed by a development agreement. � N 0 250 500 Feet dTr oF Federai Way This m� is axompaNed by no war�anties, and is simply a graphic representation. R:lerike�cd\Com pPIan1S ite_Req uests �20101s sr2_2010.mxd City of Federal Way 2010 Site Sp�cific Requests for Comprehensive Plan and Zoning Deslgnation Changes ST Fabrication Site Specific Request #3 Exhibit E Legend Site Specific Request � Buikl�gs Stree#s St�eams (City Survey) � Wetlands (1998 City Survey) Q Zaning Boundary � N o 250 500 Feet ar+► or Federal Way This mep is axompanied by no warranties, �d is sinnpy a �raphic representation. City of Federal Way 2010 Site Specific Requests for Comprehensive Plan and Zoning Designation Changes ST Fabrication Site Specific Request #3 Exhibit E-1 Legend Site Specific Request S#reams (City Survey) � Wetlands (1998 City Survey) Q Zoning Boundary � / i � 0 250 500 Feet aTV or Federal Way This map is accompanied by no wa�ranties, and is simply a graphic representation. COUNCIL MEETING DATE: March 16, 2010 CITY COUNCIL AGENDA BILL ITEM #: � .a- • SUBJECT: APPROPRIATION OF FUNDS FOR CITY CENTER REDEVELOPMENT MARKETING EVENT 1. POLICY QUESTION Should the City Council approve assignment of the Purchase and Sale Agreement with United Properties for the former AMC Theaters site to Lander Korus? COMMITTEE N/A CATEGORY: ❑ Consent � City Council Business � ■ Ordinance Resolution MEETING DATE N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: Patrick Doherty Economic Development Direc DEPT City Manager Attachments: None. BACKGROUND The City of Federal Way entered into a Purchase and Sale Agreement with United Properties for the former AMC T'heaters site in December 2007. The closing date established in that Agreement was originally set for 9/11/08, but was extended for one year until 9/11/09. On 9/10/09 the City Council approved an initial extension of that closing date for the purposes of allowing United Properties to negotiate a potential agreement with Lander Korus to take over the Agreement and close on the property. Two extensions have been approved by City Council, allowing Lander Korus to attempt to close on the property by 3/31/10. Lander Korus is a local real estate development firm that has been attempting to secure funding for the highrise, mixed-use "Symphony" project, originally proposed by United Properties. They are currently negotiating with financial entities interested in providing financial backing to this project which could lead to closing by the above-cited deadline. PROPOSAL: The City Council has the authority to allow assignment of the Purchase and Sale Agreement from United Properties to another party. Lander Korus has requested to assume the Agreement. Notwithstanding approval or disapproval of this assignment, per previous Council actions, Lander Korus will have until 3/31/10 to close on the property. The City Council has two choices: Option 1: Approve assignment of the Purchase and Sale Agreement to Lander Korus for potential closing on the property by 3/31/10; or Option 2: Disapprove the assignment of the Purchase and Sale Agreement to Lander Korus. STAFF RECOMMENDATION N/A CITY OF FEDERAL WAY CITY MANAGER APPROVAL: ��DIRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): "I move approval of Option " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1� reading ❑ TABLED/DEFERREDlNO AC1'ION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # COUNCIL MEETING DATE: March 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SuB.TEC'r: North lake management District advisory Committee appointments POLICY QLTESTION Should the City Council approve the applicant list for the North Lake Management Advisory Committee Positions? ITEM #: COMIVIITTEE N/A CATEGORY: ❑ Consent � City Council Business ■ ■ Ordinance Resolution MEETING DATE N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: William A�pleton, P.E. — Surface Water Mana�er_DEPT Works BACKGROUND. On October 6, 2009, Resolution No. 09-560 creating an Advisory Committee (NLAC) for North Lake LMD Number 2 was passed by the City Council. The purpose of the North Lake LMD Advisory Committee is to represent the members of the North Lake LMD, which consists of lakefront property owners and those property owners with lakeshore access through an easement. The NLAC shall consist of seven (7) members: five representing single family and vacant properties; one representing the Washington Department of Fish and Wildlife (WDFV�; and one representing the Weyerhaeuser Corporation. Per Resolution No. 09-560, an open recruitment process for selection to the NLAC took place during December 2009 and January 2010. Pursuant to this process, five applications were received from individuals representing single family or vacant properties: Mr. Charles Gibson, Mrs. Wendy Honey, Mr. Terry Thomas, Mr. Jack Roesnow, and Mrs. Robin Cook. Additionally, two individuals have agreed to represent WDFW and Weyerhaeuser in the district assessment roll: • Kye Iris, representing the WDFW property (public boat launch). • Jerry Heinz, representing the Weyerhaeuser Corporation property. Each private property owner or representative appointed shall serve a two (2) year term. Pursuant to section 20.12 of the Council Rules, the Mayor may appoint committee members, with Council confirmation, when the number of applicants does not exceed the number of vacancies. Qptions Considered: l. Appoint all seven members identified: five single-family or vacant property owners, one WDFW representative, and one Weyerhaeuser Corporation representative to serve on the NLAC for a two (2) year term. 2. Select a portion of the applicants to serve on the NLAC and direct staff to re-advertise the remaining vacancies. 3. Make no selections from the applicant pool and direct staff to re-advertise for a new applicant pool. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER APPROVAL N/A Committee _ �^'�IRECTOR APPROVAL: Council N/A Committee COMMITTEE RECOMIVVII�rTDATION N/A N/A Dini Duclos, Chair N/A Jim Ferrell, Member N/A Jack Dovey, Member PROPOSED COUNCIL MOTION "I move to appoint Charles Gibson, Wendy Honey, Terry Thomas, Jack Roesnow, Robin Cook, Kye Iris, and Jerry Heinz to the North Lake L1�ID Advisory Committee for 2- year terms expiring 3/1 S/2012. " (BELOW TO BE COMPLETED BYCITY CLERRS 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 # CITY OF FEDERAL WAY MEMORANDUM DATE: March 16, 2010 TO: City Council VIA: Brian Wilson, City Manager FROM: William Appleton, P.E., Surface Water Manager �� SUBJECT: North Lake Advisory Committee Appointments BACKGROUND: On October 6, 2009, Resolution No. 09-560 creating an Advisory Committee (NLAC) for the North Lake, Lake Management District (LMD) Number 2, was passed by the City Council, the purpose of which is to represent the members of the North Lake LMD, which consist of lakefront property owners and property owners with lakeshore access through an easement. Per the resolution, the NLAC shall consist of seven (7) members: five from among the single family and vacant property owners; one representing the Washington Department of Fish and Wildlife (WDFV�; and one representing the Weyerhaeuser Corporation. An open recruitment process for NLAC positions took place during December 2009 and January 2010. Pursuant to this process, five applications were received from individuals representing single family or vacant properties: Mr. Charles Gibson, Mrs. Wendy Honey, Mr. Terry Thomas, Mr. Jack Roesnow, and Mrs. Robin Cook. Additionally, two individuals have agreed to represent WDFW and Weyerhaeuser in the district assessment roll: • Kye Iris, representing the WDFW property (public boat launch). • Jerry Heinz, representing the Weyerhaeuser Corporation property. Each private property owner or representative appointed shall serve a two (2) year term. Pursuant to section 20.12 of the Council Rules, the Mayor may appoint committee members, with Council confirmation, when the number of applicants does not exceed the number of vacancies. In light of receiving one qualified applicant for each of the seven positions, staff is recommending that City Council select the entire pool of applicants to fill the required positions. CO[i1�1CI[. `[EET[�G D�►TF,: �'tarch 16, 2010 __ .. . __. _ _ _ _ _ _ _ _ _ _.._. _ _ __ _ _ _...._ _ _ _ _ CITY OF FEDERAL �VAY CITY COUNCIL ITE!�1 #: _g_, (�._____ __--- _.._ AGE BILL SUB.rECT: Amendments to Federal Way Revised C'ode (FWRC) Title 19, "Zoning and Devetopment Code," related to Accessory Dwelling Unit (ADU) size calculation and ADU tJse Zone Chart housekeeping amendments. POLICY QU EST[ONS: Should the city amend the FWRC to exclude garages, workshops, and similar non-living areas from the size calculation of ADUs; remove the I�,000 square foot lot size requirement for detached ADUs; and make housekeeping amendments to the ADU Use Zone Ch art s t remove duplicative and irrelevant language? COMN[[TTEE Land Use.'Transportation Committee (LUTC) MEETING DaTE: March l , 2009 CATEGORY: ❑ Consent � Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resotution ❑ O ther STAFF REPORT BY: Vtatthe�v Herrera, Associate Planner DEPT Community De�•elopment Services Ezhibits: (1) Planning Commission staff report for the February i7, 2010, public hearing cvith Exhibits A-D; (2) Draft minutes of the February 17, 2010, Ptanning Cocrunission meeting; and (3) Draft adoption ordinance. Background: ADUSize Clarification - The proposed amendment would exclude garages, workshops, and simitar non-iiving areas 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 �arage or a.vorkshop could account for a significant portion of the maximum square footage allowance and prohibit a singie-fami(y homeowner from conshucting an ADU. Detached ADU Minimum Lot Si�e - The proposed amendment would remove the 15,000 square foot lot size limitarion for detached ADUs. Current regulations require a minimum L 5,000 square foot lot to construct 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 oniy. Existing lot coverage, parking/access requirements, and the city's accessory definition would keep detached ADUs subordinate in size and scaie. Housekeeping A�nendments -1'he proposed amendment woutd 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_Ptannm� Commission's recommendation as modified by the LiTTC: or 3) Do not ado�t the_propose�olicy ___ P[,Alv�[�vG CO�t�tit[ss[nN RECO�[n[e��T[o,�v: Adoption of Option #1. STAFF RECONIMEVD�TiON: Staff recommends the Council adopt Option #1 adopt the Planning Commission's recommendation as contained in ihe Draft Adoption Ordinance CITY MANAGER APPROL',�L: � G(�i� °� �9 /� �, ��'BILtECTOR APPROYAL: � � Committee Council Committee Councii COMM[TTEE RECOi�IhiENDAT[OV For�vard Option #• dopt the Plannin� Commission's recommendation as contained in the Draft Adopti r inance to the full Couacil on Marc 6, 2010 for fir reading �, . // Dini Duclos, Chair Ji errell, Member c ey, Me er PROPOSED COUNCIL 11-�OT[O�(S): � � `"`' 1� READING OF ORDINANCE (3/16J10) "! move to fonvarct the ordinance to a second rea cng for enactment on the Apri16, 2010, consent agenda. " 2 READ[NG OF ORDINANCE (4/6/10) "l move approval of the TC's recommendation to approve the code amendments, which are contained in the Adoption Ordinance. " COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/iV0 ACTION � N10VED TO SECOND READI�iC (ordinarces only) REVI3ED - 02/06/2006 COUNC[L BILL # �sr reading Enactment reading ORDINANCE # RESOLUTION # K�3009 Code Amrndmrnts�ADli and Apprntwl Clarificarion�,LI;TC.:1Dl: ��.4DU Re�'i;ed .\genda Bi1lDOC ; �b �;,� Ll7Y OF "�� dera� V�'ay DaTE: To: FROM: SUBJECT: FILE: MEETING DATE: E��l�lT � Pa�E.�a�� PLANNING COMMISSION STAFF REPORT February 10, 2010 Chair Merle Ffeifer 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 I[!a[lZi�i�i1� February 17, 2010 A. POLICY QUESTIOIY Should the city exclude garage and workshop areas from the size calcularion of an Accessory Dwelling Unit (ADU) and should the city add ianguage to Federal Way Revised Code (FWRC) 19. i 95. i 80 and 19200.180 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. ATTACHMENTS 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 Exhibit D— Email notification to stakeholder list of Planning Commission staff report C. BACKGROUND & ANALYS[S 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 tot 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. Currentiy, 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 Dwellin� Unit (ADU) Size Calculation File #10-100304-UP Planning Commission Staff Report Page 1 of 5 EX�l��T � PA�E z t��.1�� The purpose of the ADU size code amendment is to clarify what areas shall be excluded from the maximum size calculation, speciticai(y 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 dwelting 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 "...iiving, sleeping, cooking and sanitation..." portion of the definition as an interpretation that oniy 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 calculation, 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 couid 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 calcularion (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 Exhibits A and B. Ci Is ADU Size Lan ua e Clear? Ctarificafion Lan a e An accessory dwelling unit excludes accessorv residential uses such as residential garage, Auburn Yes guest cottage, recreation room, tool shed, swimming pool, noncommercial greenhouse, private stable, bam, pen, coop, or similar structure. ACC 18.04.018 & ACC 18.04.023 ...complete independent living facilities inciuding provisions for living, sieeping, Des Moines No cooking, and sanitation within a detached structure or within part of the primary dwelling unit. DMMC 18.04.015 ...a habitabte dwelling unit added to, created within, or detached from and on the same iot 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 D�velling Unit (ADU) Size Calculation File #10-100304-UP Plannin� Commission Staff Report Page Z of 5 ��!°��°' i PAG� 3 �� 2) Detached ADUMinimum Lot Si.-e Requiremenc — Current single-family residential ADU regulations in the RS Use Zone Chart (Exhibit B) specitically 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 t 5,000 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 18.31.120 — Accessory dwelling distinguish between attached or detached units are permitted outright in all ADUs. residenriat zones that permit single-family homes, and ct�ay 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 d�vellin units Des yioines No. Unlike FWRC, Des Moines does not DMMC 18.08. i 10 — The ALQ must not distinguis� between attached or detached be iess than 350 square feet of living ADUs. space. Accessory living quarters shali 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 limitarion on an ALQ shall be no more than 35 percent of the total square footage of the rimary dwelling. Kent No_ Unlike FWRC, Kent does not distinguish KCC 15_08.350 — One (1) ADU per between attached or detached ADUs. dwelling unit is allowed out-right within all SR, single-family residential zones, and single-family dweliings 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 dwetling, or as a detached unit from the principal dwelling. The ADU, as well as the main dwelting unit, must meet all applicable setbacks, lot coverage, and buiiding hei ht re uirements. Tacoma Yes. Detached ADUs are not pemritted in low TMC 13.06.150 — The ADU shall be density single family residential zoning pernutted 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 front of the main buildin; or in the side yard setback area. � Des Moines refers to Accessory Dwelting Units as Accessory Living Quarters (ALQ) Accessory Dwelling Unit (ADU) Size Caiculation File #10-100304-UP Planning Commission Staff Report Page 3 of 5 ��° � �:��_ �l �� )c� 3) Housekeeping Amendments to RS und 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 �vith the specific ADU parking space requirement; (2) change the required review process of `'Process [" to "None" as ADUs do not require a land use process; (3) add "accessory structures" to Special Regulations and Notes item #2 for maximum (ot coverage; (4) remove dupiicative minimum lot size ianguage from SE use zone chart; and (5) re-number the RS and SE use zone charts "Special Regulations and Notes" according(y. D. PROCEDURAL SUi�iMARY The proposed code amendments are exexnpt from environmental review pursuant to State Environmental Policy Act Rules 197-i 1-800(19), Procedural Actions. The proposal relates solely to governmental procedures containing no substantive standards respecting use or modiftcation of the environment. Public notice of the Planning Commission hearing was published in the Federal Way Mirror and emailed to the department's stakeholders (Exhibit C) February 3, 2010. This staff report was emailed to the department's stakeholders February 10, 2010 (Exhibit D). E. BASIS EOR 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 Commission is as follows: 1. To review and evaluate the proposed development regulation amendments. 2. To determine whether the proposed deveiopment regulation amendment meets the criteria provided by FWRC 19.80.130. 3. To for�vard a recommendation to City Council regarding adoption of the proposed development regularion amendment. F. DECISIONAL CRITER[A 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: l. 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. LUP6 - Conduct regular reviews of the development regulations to determine how to improve upon the permil review process. Accessory Dweiling Unit (ADU) Size Calculation File #10-100304-UP Planning Commission Staff Report Page 4 of 5 E�1H��' �- PAG� s �� HP3 - Continue to allow accessory housing units withiri single-family rieighbor/roods in a way that protects residentia! character, maintains specific design standcrrds, and cornplies with al! applicable lativs. Revielv accessory housing regtrlations and, if necessary•, revise any regulation that inappropriately limits their development. 2. The proposed amendment bears a substantial relationship to pubiic health, safety, or welfare. Staf�Response - The proposed code amendment bears a substantial relutionship to welfare as it will f•emove ambiguity regarding what is and is not inclacded in maximum ADUsqt�are footage. Additionczlly, the proposed amendment allows those homeowners �vith adequate lot sizes the ability to construct a detached ADU. 3. 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 �isting code provision and provides homeowners the ability to construct a detached ADU if tlze underlying lot contains the prescribed minimum densiry standards. G. STAE� RECOMhiEND�T[OIY Staff recommends adding language that would exclude garages, workshops, and other non living areas &om 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. PLANN[NG COMMiSSION ACTION Consistent with the provisions of FWRC 19.80.240, the Planning Commission may taice the foilowing actions regarding the proposed development regulation amendments: 1. Recommend to City Council adoption of Yhe 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. K12009 Code AmendmentslADU and Apprarsal ClaificazionlPlanning CommissionlADULStaffrepoR and proposed tanguagelAD(1 Staff Report.doc Accessory Dweliing Unit (ADU) Size Catculation File #i0-100304-UP Pianning Commission Staff Report Page 5 of 5 EXHIBIT A 19.195.180 Accessory dwelling units. The uses shall be read in the suburban estate and notes set forth in this section: zone subiect to the USE ZONE CHART , D1REC O ., � N � � V � � � v USE �� Accessory {Ze�ess See dweiling ! note I unit (ADU) Nune in singie- f'amily residenccs to find use , . . -- - - v °J u �..\ °u �y u a�+ `^� , � � � o � � � ro � V °"� cz� in � .. x in a w 10 ft. 10 ft. See 30 ft. note 2 above average building elevation ZONE SE SPECIAL REGULATIONS ANll NOTES °°°o�::a� 1. An accessury dwelling �mit (ADU) shall meet the definition uutlined in FWRC 19.OS.OIU. Minimum lot size for ADUs is based P r i upon the minimum lot size for the existing primary dwelling unit as set 1'orth in FW12C 19.195.010. �ei��i�rin�irra-Ie>E-size k�ni � c_u�uninincntn:..E�.�..,,..... 2. Unly une ADU m;�y be created per subject property. The ADU, accessory structures and the primary dwelling unit ti��rther shall not exceed the maximum lot cover�g� prescribed in FWItC 19.195A10. 3. An ADU shall be designed so that, to the degree reason•rbly feasible, the appearance of'the building remains ihat uf u single- f'amily residence. 'I'he design and size of an ADU and the prim�ry dwelling unit shall conform to all applicable standards in th� zoning, building, plumbing elecu•ical, mechanical, tire, health, and any other appiicable codes, as reyuirrd f'ur uny new construction. All ADUs and primary dwalling units sh�il �Iso meet the minimum standurds of the Unifurm Huusin�, Co�lr. Certitication by appropriate utility pruviders of availabi(ity of suftici�nt water, sewer and/or septic services w the prupused ADU, must be provided as part of the upplication. 4, Reier to Chapter 19.125 FWkC, UutJoors, Y�rds, �nd Landscaping, for appropriate requiremrnts. • . . . , tet�k#+ttet��rl<�l�rr�it� a,, �:.. ..., � ni i ��z� . 6� FWRC 19.265.010 concains regulations regarding home occupations und other accessory uses, Cacilities and activitics associated with this use. Home occupations are not allowed in an ADU. �¢. ADUs may be accessed through the entwance to the primary dwelling unit or through an additional encrance on the side ur rear of the residence. Only one entrance is allowed on the front of the residence. & Z. The properry owner, must reside in either the primary dwelling unit or ADU for six months or more of each calendar yeur, and at no time receive rent or other compensation for the owner-occupieJ unit. �I $. ��„il g ADU, ex�luding any gara@e workshon and simitar non-living areac shall contain between 300 — 8UU sq, ft., but shail not exceed 40% of the sq. ft. of the primary dwelling unit excludingy�ge. workshcro and similar nou-living ;�reas. T'Ite unit shall have no mure than twu beJrooms. �9 Q. Nu more than one single housekeeping unit may occupy an ADU. �-F ]0. Application Y'or an ADU pennit shall be made to the department ofconununity devrlopment services in a�curdaiire witli thc permit procedures adopted by the department, and shall include a letter of application ti•om the owner(s) st�ting that th� u�vner(s) shall occupy une of the dwelling units on the premises, except for buna tiJe temporary absences, for six months or mur� ui thc calendar year. An ADU applicatiun shall �Iso be tiled as a deed resu•ictiun with the Kin� Cuunty deparunent uf rerurd� an�l elections to indicate the presence of an ADU, the requirement ot'owner uccupancy, and other standarJs lur rnaine�iniug th� u'11�s described in this C'ude. Cancellation of an AllUs registration may be acromplishrd by the o�viier liling a I�tter with th< <Icps�it of cummunity Jevelopment services (i�r recording at the department oF records and elections, oP Inay uceur as a result ot� an � enl'orremenl action. � -1-2 jl. Fur sign reyuirements that apply tu the pivjert, see Chapter 1�),I-t0 FWRI'. {3 12. ADUs are not permitted on cluster subdivision lots under FWlZC 18.55.U4U(7). I_ -F4 13. Fur provisions that relate to Uie keenine oi'animals, see Ch:�nter Pruc:ess 1, ll, III aud IV are described in Chapter 19.55 FWkC, Chepter 19.60 FW RC, Chaprer 14.65 FWftC, For other informa�ion about parking and parking areas, see Chapter 19,130 FW KC. For details uf what may exceed this height limit, see FW RC 14.110.050 et sey. Por detaiis reganliug reyuired yards, see FWRC t9.125. t6U et sey, ULATIONS � K:�2U09 Code AmendmentsW DU end Appraisal Cla�•ification\Planning CommisstunWDU�Smf�'repo�t and proposed I:mguagr�zhibit A Revised 5E Chazt.doc EXHIBIT B 19.200.180 Accessory dwelling units. The shall be nernutted in � � b� � � .� � � �a USE ZONE CHART � DIREC' O � y � � � � a � � 3 USE ��'c � u AcCessory F�eeess dwelling 1 unit (ADU) jV�c � in single- family residences N ti � See note 1 � � � � �? o G v � U � u, v, rx a [n RS 35.0 zones: See 20 tl. lU ft. t0 ft. note Otherwise: z 20 ft. See 5 ft. note o� r� ' �° 2 � �n 30 fl. abuve average buiiding elevation to the re�ulations and notes set forth in this section: ZONE RS SPECIAL 1tEGULATIONS AND NOTES �°��; I. Au accessory dwelling w�it (ADU) shall meet the detinition ouUined in FWRC 19.OSA10. Mininn�m lut size t'or wtnrl+ed AllUs is b�sed upuu 1 Parkin� tl�e nunimwn lot size fur the existing priivary d�velling uuit as set fonl� in F�VRC 19.200.0 10. ��i�i+��e-f�i�detne4ard-A{>F}s rr�t-+ie �pace � . . . ?. O�ily one ADU may be created per subject propetty. 7'he ADU. accessorv structures aud thr primury dwellin; wiit tuge�her sl�;all nut cxcced the nmximum lut coverage prexribed in FWRC I9.20U.010, as follows: a. ln RS 35A = 50°/u b. lu RS 15.0 = 50/ c. ]n RS 9.6 = 60% d. In RS 7.2 = 6U°/ e. [u RS SA = 60% t: See FWl2C 19.1 I OA20(2xb) for calculatiun of lot coverage for tlag bts. 3. An AUU shall be designed so Qut, to die degree reasonably Peasible, the •rppearauce of the building tem�ius that o1'a siugle-Gunily rr,ideucr. Tlie desi�i auJ size of an AbU aud tlie primary dwelliug w�it shall coufomi to �II applicable standards iu tl�e zuuiug, buildin�, plwnbiug, electrical, n�echanical, fire, healtl�, aud auy otlier applicable cudes, rs required fur auy uew cuusrructiuu. All Al7Us •rud primary dwclliu; uniu shall also nxet the mu�imwn standards of the Unifomi Housing Code. Certiticalion by appropriate utiliry providcrs uf �vail�bility of,utticieu� water, sewer and/or sepdc services to the proposed ADU, uu�st be provided as prrt of the applicatiuu. 4. Side yard setback for a corner lot for diat portiou of the lot not adjacent tu the primary vehicular access is IO leet, otherwi,e tivc teet. 5. Refer to Chapter 19.125 FWRC, Outdoors, Yanls, and Laudscapiug, for appropriate requiremrnts. att-�, �¢. FWRC 19.265.01U contxins regulations rcgurdiug other accessory uses, facilities aud activities associated widi Qiis usr. Hume oc�uputions are not allowed in an ADU. 8 Z. ADUs may be accessed through the entrance to the primary dwelliug w�it or through au adJitiuital eutrance au the side ur nar ul'thc resilence. Only one entrance is allowed on �he frout of the resideuce. 9$. The propetty owner must reside iu eilher the primary dwelling unit or ADU for six nwutL, or nwre ut'each calen�lar yesr, and at uo tiirie receive rent or other compe�uation for d�e owner-occupied unit. �N y. ,4ir�g ADU. exciudin�;�ge . workshop. and similar non-livin�as, shall cuntaiu between 3UU-SUq sq. ft., but shall u�a cxce�d au� � of tl�e sq, ft. of the primaty dwelliug unit, exclu in�ara¢e. workshoo. and similar noo-tivin� �reas. The uuit shall have iw mure th:m twu bedroon�s. � �F-F L. No nwre tl�an oue single housekeeping w�it may occupy an ADU. � Process I, II, III and IV are described in Chapter 19.55 P�VRC, Cl�apter 19.6U FWItC, Cliupter 19.b5 f�Wl2C, Chapter 19.7ti FWRC respectively. For other iufomt�tion about parking aud parking areas, see Chapter 19.13U f W RC. Fur de�ails of whu� n�ay exceed �his lieight liwi6 ser PWRC ly.l I OASU ct sr��. Pur details regrrdiug mquircJ yurds, see FWkC 19.1?5.160 et se�. � ,,�,�'J K.\?009 Cbdr Amendn�ents\ADU and Appraisal Ciw�ification�l'lunning Cunm�issiuMADU\Stwfl're�wn and pruposrd I:uig�mgeLL'zhibit D Hrvir•td RS Cl�:utduc � � � � i 19.200.1$0 Accessory dwelling units. (Continued) USE ZONE CHART z DIRECTIONS: FIRST', read down to find use ... THEN across for RGCULATIONS O Minimums Maximums Q Re uired Yards ZO� � � v � � � m R RS � � ro � a USE �' 3 � � � � �� •� SPECIAL REGULATIONS AND NOTES � o � �� ' � u �� . u v"� a � �v� aa k� lJ.. Application for an ADU perniit shall be made to the department of communiry develupment scrvices in accordance with d�e permit p��ocedures adoptrd by the department, and shall include a letter of upplicatiun ti�uiu thr owner(s) stating that the u��ier(s) shull occupy on uf the dwclling units on the premises, except ti>r bona I'idr temporary absences, tiic six nionths or more uf the colendar ycar. An AllU application shall alsu be tile�i �s :� �leed restrirtiun with lhe King Counry department of rrcorJs ;�nJ eli:ctiuns to indicatr the prrsencc of �n f\DU, tl�c requirement of owner occupancy, and other standards for maintaining the unit as describrd in this Cudc. C'ancellation of an ADUs regisu•ution may be accumplished by the owner tiling a letter �vith the departmrnt ul' cummuniry Jevelupmcnt s�rvices for rocording at the d�partment ut'records and elections, ur may urcur as a result ol'an enforcement action. -13 �2. For sign requirements that apply to the project, see Chapter 19.14U FW1ZC. +4 13. ADUs are not permitted un cluster sub�livision lots under F�WRC 18.55.040(7) ur within cottagr huusirig unJer Chapter 19,25U f WI2C. -!3 14. For provisions lhrt rel�te to the keeping of animals, see Chapter 19.260 (� W RC'. Process I, ll, 111 and IV are described in For other inf'orniation about parkiug and p•rrk�ig areas, see Chapter 19.130 FWRC, Ch•rpter 19,55 FWRC, Ch�pter 19.G0 fWRC, Chaprer 19.65 FWRC, For dewils of wliat may exc�ed tliiy height limil, see FWRC 19.1 IO.oSG et sey. Chapter I9.70 FWRC respectively. Fur details re ardin re uired yards, see FWRC 19.125.160 et seq. K\?009 Cude .4nundmcma\AUU �ud Appraisal Clariti.ation\Ylunniug Cununission'�ADU\Stull'rrp�nt and propu�rd IauKuage`,tixhibit B Ne��isad It5 (7�:�rt.d� � � � � � � � � � � xars � � � From: Sent: To: Cc: Subject: Attachments: �� ,....�.�..�.� Tina Piety PA�� ` �� ,Q Wednesday, February 03, 2010 9:03 AM Biii McCaffirey; Bob Cooper; Bob Roper; Brant A. Schweikl; Brett Thomas� ---' 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 Nuffman; Gary Hering; Gary Martindale; Gi{ Hulsmann; Hans Korve; Haynes Lund; Heidi Swartz; James Pate; Jeff Greene;leff Oliphant; Jennifer Dovey; Jerry Heinz;lim Jordan; John Bowman; John 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 L1oyd; 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 Matt Herrera; Margaret Clark; Greg Fewins; Isaac Conlen; Cary Roe; Ken Miller; Lee 8ailey; WiNiam Appleton Notice of Federal Way Planning Commission 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 calcuiation; clarification of appraisal requirements; and short subdivision notice requirements. Please see the attached no#ice for specific information. Please address any questions and/or commen#s to Associate Planner Matt Herrera at 253-835-2638, or matt.herrera com. _ _.._ .. __ _ r;,�,a.��- �aa��►-�w�� Community Development Services City of Federal Way Street: 33325 8th Avenue South Mail: PO Box 9718 Federa) Way, WA 98063 253-835-2601; Fax 253-835-2609 EXHIBIT C Stakeholders List Updated February 2010 Bob Cooper Lloyd Enterprises Inc. PO Box 3889 Federal Way, WA 98063-3889 bobcta� llovciente tprises inc. cotn Chris Carrel Friend of the Hylebos PO Box 24971 Federal Way, WA 98093 ccarr.elfa?att.biackber. ry. ne t Dan Biies SBI Deveioping PO Box 73790 Puyallup, WA 98373 danb�d�soundbui I tho mes. c� m Kurt Wilson SBI Developing PO Box 73790 Puyallup, WA 98373 (253)539-8116 kurtr �,so undbui t thomes. cc� ni Darla Morin Harsch Inveshnent Properties 130i0 NE 20`� Street, Suite 4�0 Beilevue, WA 98005 (425) 284-5352 darlam(7harsch.com Julie Ramseth Harsch Investment Properties 13010 NE 20'� Street, Suite 450 Bellevue, WA 98005 (530)450-0778 julier��?harsch.com Don Perry Lakehaven Utility District PO Box 4249 Federal Way, WA 98063 dQerey(� lakehaven.�r� Tim Osborne, PE Lakehaven Utility District 31627 1�` Avenue South Federal Way, WA 98003 {253)946-5540 tosb�rne�?lakehaven.or� John Bowman Lakehaven Utility District PO Box 4249 Federal Way, WA 98063 (253)946-5401 �bo�vn�ania; lakehaven.org �� __._— RA�i� � � �� l� Paul Manzer Pacland Development Consuiting 1123� SE 6` Street, Suite 220 Bellewe, WA 98004 (42�)453-9�OL �manzer("a;,pac Eanci.com Gil Hulsmann Abbey Road Group Rod Leland PO 8ox 1224 Federal Way Public Schools Puyaltup, WA 9837i 31405 l8�` Avenue South (253) 435-3699 Federal Way, WA 98003 : il.htilsn�ani��abbeyroadgroup.com rlelanclta?fwsd.u-ecinet.edu Jennifer povey W indermere 33405 6`� Avenue South Federal Way, WA 98003 (206)423-8000 i sdc��•ev!cv �sii�dertnere.coin Sid White Federal Way Public Schoois 1066 South 320�' Street Federal Way, WA 98003 (253)945-5935 s��Uiteta? fic��s.or;• John Norris Norris Homes 20�3 Faben Drive Mercer Island, I�VA 98040 (206)27�-i901 j o t� ni�o rr u!a'� c o mc as t. ne t Steve Keliy ES�� Consulting Engineers 3391� 1'` Way South, Suite 200 Federai �Vay, WA 98003 (2�3)838-6113 Steve. keilv�ci.esmcivi l.cam Mark Ciirehugh GVA Kidder, Mathews, Segner 1201 Pacific Avenue, #1400 Tacoma, WA 98402 (2�3)722-141b marckc��i; 7�kiti.com Paul Lymberis Quadrant Homes PO Box t 30 Believue, WA 98009 (425) 452-6556 Pai�1.l� mberis:u;qiiadrantltomes.com Ron Biesold South King Fire & Rescue 3 i 617 1�` Avenue South Federal Way, WA 98003 (206) 227-9301 Ron. biesotd�a?;outhkin�fire.or� Tom Raymond South King Fire & Rescue . 31617 i Avenue South Federal Way, WA 98003 (253)946-7241 T�m.raymond{g�sout#�inL fire.ora Tom Pierson Federal Way Chamber of Commerce PO Box 4220 Federai Way, WA 98063 (253)838-2605 tomp�u?federa (waycl�amber.com Sam Pace Sea/King County Assoc of Realtors 29839 1 S4`�' Avenue SE Kent, WA 98042-45�7 (253) 630-5�41 sampace(a;concentric. net KL'.009 Code Amendments�ADU and .�lypraisai Clarificatiun+Planning Commi>;�onl.aDli'Staffrepurt and proposed language\E�chbit C Stakelalders List doc Page I of 3 Ron Tremaine Redstone Development Land Acquisition and Deve(opment 17417 433` Street SE North Bend, WA 98045 redstoneron(ri?i�otmail.com . 425-83 i-7734 (wk) 206-353-1761 (cell) 425-831-7783 (fax) Monte Powell Powell Homes 29607 8'� Avenue South Federal Way, WA 98003 monte(c�powell-homes.com Garrett J. Huffman Master Builders Associarion of King/Snohomish Counties 33� i 16'� Avenue SE Bellewe, WA 98004 �hut�man a n�aks.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 bsch�veikl�asaciv il.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� quadranthomes.com 425-452-6563 42�-753-4866(cell) Hans Korve 726 Auburn Way North Auburn, WA 98032 hans(7dmp-inc_us 253-383-2200 Bob Roper bob. roper(a),comcast. iiet 253-941-6954 Dale A Roper The Roper Company Landscape Architecture/Site Planning 816 Cherry Avenue, #3A ��r�� Sumner, WA 94390 Mark �� 2�3-89 L- it�30 33� t6 2�3-826-3891 (faY) Federal �Vay, �VA 98003 roperdale�{i aoi.can� 2�3-838-8327 markfccitnia;cs_cncn Gary Hering t439 SW 296` Street Federal Way, �VA 98023 ajl�erin<�rc"%;con�cast. ttet Tim Atkins Big Mountain Enterprises ti �nia; bigmountainent.com PO Box 100 i Enumclaw, WA 98022 Biil McCaffrey WJM Studio 191 i S W Campus Drive, Suite 116 Federat Way, WA 98023 ti�jmcca ftiey(�itco�ncast.net Tom Barghausen Barahausen Consulting Engineers 1821� 72" Avenue South Kent, WA 98032 tbai•�hausent"a��bar�hausen.com Peter Townsend 1648 South 310` Street, Suite 6 Federal Way, WA 98003 253-839-2947 peterT8;ri�me.com Aubum, WA 98032 Mike Baily LDG Architects 1319 Dexter Avenue, Suite 260 Seattle, WA 98109 206-283-4764 n�:ikeiu' idkarchi tecks.com Tres Kukebo Apex Engineering 2601 3�`� Street, Suite 200 Tacoma, WA 98409 2�3-473-4494 kirkebo(�i�apexenc� i n�erin�. net Dennis Haneberg Apex En�ineerin� 2601 35 Street, Suite 200 Tacoma, WA 98409 253-473-4494 hanbergiw!apexe�iginee rin r. �iet Gary Martindate The Commons of Federal �Vay 1928-B South Commons Blvd Federal Way, WA 98003 253-839-6156 gmartindale(a�tcaf i��.com Jeff Greene Greene Gasaway Architects PO Box 4158 Federal Way, WA 98063-�11�8 253-941-4937 jeffg�arch4 seanet.c�ni Steve Hammer Browleit Peterson Hammer Architects 6920 220"' SW, Suite 200 Mountlake Terrace, WA 98043 steve(�bpharch.coin Chad Weiser OTAK 10236 NE Points Drive, Suite 400 Kirkland, WA 98033-7897 206-442-1359 chaci.weisei Christine Balyeat New Concepi Homes PO Box 1229 [ssaquah, �VA 98027 1;cbalveac�;u:hotmaiLc�m Mei Easter Johnson Braund Design Group 15200 52� Avenue South, Suite 200 Seattle, WA 98188 206-766-8300 mele a,,jbd .g com Koong Cho Royal Hospitality (Hampton Inn) 15901 West Valley Highway Tukwila, WA 98188 253-318-0908 koon�c(�i�.comcast. n�t 7C:`.2009 Code Amendmenu�.4W a�d Appraisal Cla�ificarionlPlamm�g CortenissiomADlnScaSTrepon and proposed language\Exh�bit C Stakeholdas List.doc Page 2 of 3 Jim Jordan (Sa�hatie Heights developer) �riorda�_:r�isorne�iia.com Mike Ho�-land Hoviand Architects 900 Meridian Avenue East, Ste 408 Milton, Vb'A 983�4 hovarcht{ti comcast.�iet Dave Thorstad 406 South 289�' Place Federal Way, WA 98003 dttar�hit�ct �i Dan Coxall Hammes Co. (St. Francis HospitaO 132� 4`� Avenue, Suite 1035 Seattle, WA 98101 dco�a 11tri: hanimesco. com Tony Starkovich 16l 1 9` Avenue North Edmonds, WA 98020 42�-775-65�2 vi iitaeecapitat(�i i!. com Brett Thomas brettl7mountainconst.com Connie Boyle connie.bovle( Janies Pate jamesp(aharsch.com Jeff O(iphant j1o55;�aol.com. Jerry Heinz jerry.heinz�u,weverhaeuser.com Jon Potter j�otter43Ei(cdaol.com Randy Lioyd i•anci�yd(d+xprint.blackberry.net Rick Olson RickOlsonta�fhslieaith.or� Rob Aigner roba(g•harsch.cam Rob Rueber amieber��comcas�vet Scott Rhodes rhodesarchitecture(aigmail.cam Sheppard Cutler swc(�w�fishersons.com Todd Suchan tsuchan"a�wildwaves.com Gordon Olson Gordon.olson�ai,southkinC �ire.or� ��'�° i Garet�� ? � � I�� BCRA 2106 Pacific Avenue, Suite 300 Tacoma, WA 98402 253-627-4367 t�roef�i+bcradesi�n.com Heidi Swartz Swartz Development �724 30'� Avenue NE Seattie, WA 98105 (206) 730-6933 cell (206) 527-8999 fax hc�swarrzncomcast.net K`�_OW C�it .>mrndrnentslADU and Appraisal ClariFicazionlPlanning Cartvnission\�DIPStaff report and propoxd lar+guage\£xhbit C StakehoWers List.doc Page 3 of 3 From: Tina Piety i..�� I - Sent: Wednesday, February 10, 2010 8:40 PM �� To: BiH McCaffrey; Bob Cooper; Bob Roper; Brant A_ Schweik , r , ad `�� Weiser; Chris Carrel; Christine Balyeat; Connie Boyle; Da1e 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; J+m Jordan; John Bowman; John Norris;lon Potter;lulie Ramseth; Koong Cho; Kurt Wilson; Mark Clirehugh; Mark Freitas; Mel Easter; Mike 8ailey; Mike Behn; Mike Hovland; Monte Powell; Paul Lymberis; Paul Manzer; Peter Townsend; Randy Ltoyd; Rick Olson; Rob Aigner; Rob Rueber; Rod Leland; Ron Biesold; Ron Tremaine; Sam Pace; Scott Rhodes; Sheppard Cutler; Sid White; Steve Hammer; Steve Kel1y; Tim Atkins; 7im Osborne; Todd Suchan; Tom Barghausen; Tom Pierson; Tom Raymond; Tony Starkovich; Tres Kirkebo Cc: Matt Herrera; Margaret Clark; Greg Few+ns; Isaac Conlen; lee Bailey; Cary Roe; Ken Miller; Marwan Salloum; WiHiam Appleton Subject: Federai Way Planning Commission Attachments: Exhibit D Stakeholders tist.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.dac; Exhibit A Proposed Language.doc; Exhibit B Stakeholders List.doc; Exhibit C Stakeholders List.doc Hello Federa) Way Stakeholders, On February 17th, the Federal Way Planning Commission wili 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.lf you have any questions, please contact Associate Planner Matt Herrera at 253-835-2638, or matt.herrera@cityoffed_eralway.com. _ _..__ . r� ��y, �a d�U,�trax�w� � �,�ta,�,t rr Community Development Services C+ty of Federal Way Street: 33325 8th Avenue South Mail: PO Box 9718 Federal Way, WA 98063 253-835-2601; Fax 253-835-2609 EXHIBIT D Stakeholders List Updated February 2010 Bob Cooper Lloyd Enteiprises Inc. PO Box 3889 Federal Way, WA 98063-3889 bobc�,llovdentetprises inc.coin Chris Carrel Friend of the Hylebos PO Box 2497 i Federal Way, WA 98093 ccarrei(a�ait.blackberrv. net Dan Biles SBI Developing PO Box 73790 Puyallup, WA 98373 danb��soundbuilthomes.com Kurt Wiison SBI Developing PO Box 73790 Puyallup, WA 98373 (253) 539-8116 kurt�,,soundbu ilthomes. com Darla Morin Harsch Investment Properties 13010 NE 20"' Street, Suite 450 Bellewe, WA 98005 (425)284-5352 darlam(7i,harsch.com Julie Ramseth Harsch Investment Properties 13010 NE 20'� Street, Suite 450 Bellevue, WA 98005 {530) 450-0778 j u( i e r(,u��harsc h. c o m Don Perry Lakehaven Utility Disirict PO Box 4249 Federal Way, WA 98063 dperry_(u (akehaven.org Tim Osborne, PE Lakehaven Uti(ity District 31627 1�` Avenue South Federal Way, WA 98003 (253) 946-5540 tosborne a:lakehaven.org John Bowman Lakehaven Utility District PO Box 4249 Federal Way, WA 98063 (253) 946-5401 j bo �inian(a�lakehavenorg G�� PA�� I y �� e Paul Manzer Pacland Development Consulting 11235 SE 6�' Street, Suite 220 Bellevue, WA 98004 (425) 453-9501 pmanzer(�pac land. conl Gil Hulsmann Abbey Road Group Rod Leland PO Box 1224 Federal Way Public Schools Puyaliup, WA 98371 31405 18'� Avenue South (253) 435-3699 Federal Way, WA 98003 �ii.hulsman.nrabbeyroadgroup.com rleland alfwsd.«ednet.eciu Jennifer povey W indermere 33405 6�' Avenue South Federal Way, WA 98003 (206)423-8000 jsciovev al�vindermere.cotn Sid White Federal Way Public Schools 1066 South 320� Street Federai Way, WA 98003 (253)945-5935 swhiter"a),firps.or� John Norris Norris Homes 2053 Faben Drive Mercer Island, WA 98040 (206) 275-1901 j o tiunorris (iz �co�nc ast. net Steve Kelly ESM Consulting Engineers 339i5 1'` Way South, Suite 200 Federal Way, WA 98003 (253) 838-6113 Steve. kelly�ciesmcivil.coxn Mark Clirehugh GVA Kidder, Mathews, Segner 1201 Pacific Avenue, #1400 Tacoma, WA 98402 (253)722-1415 ma rckc(ci;�vakni. com Paul Lymberis Quadrant Homes PO 8ox 130 Bellewe, WA 98009 (425)452-6556 Pa►�l .I vmberist"u)quadranthomes. com Ron Biesold South King Fire & Rescue 31617 l�` Avenue South Federal Way, WA 98003 (206)227-9301 Ron. biesoldt��southl:ina f'ue.org Tom Raymond South King Fire & Rescue 31617 1 Avenue South Federat Way, �VA 98003 (253)946-7241 TonLra my ond�issouthkiti� t�re.or� Tom Pierson Federal Way Chamber of Commerce PO Box 4220 Federal Way, WA 98063 (253)838-2605 tomp(a�federaiwa ycha�Y;ber.co m Sam Pace Sea/King County Assoc of Realtors 29839 154�' Avenue SE Kent, WA 98042-4557 (253)630-554i sampace(a;concerltric_ net K\2009 Code AmrndmeatslADU and Appraisal Clarification�Poan�ing Commissio��ADtPSuff report and proposed Ianguage�Exhbit D Stakeholders List.doc Page 1 of 3 E�F��1�' 1 Ron Tremaine Redstone Development Land Acquisition and Development 17417 433` Street SE North Bend, WA 9804� redsto neron� �c`•t�atmai 1.com 42�-831-7730(wk) 206-3�3-1761 {cell) 425-831-7783 (fax) Nlonte Powell Powell Homes 29607 8`� Avenue South Federal Way, WA 98003 monte il-hotnes. com Garrett J. Huffman Master Builders Association of King/Snohomish Counties 335 116`� Avenue SE Bellewe, WA 98004 ghuffman a.n�baks.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 bschcaeikl`a�sacii-il. net 2�3-272-4451 {wk) 2�3-272-4495(fax) Sumner, �VA 98390 2�3-391-1030 2�3-826-3891 (fax) ��c3�?erdale::i aol.con� Gary Hering t�139 SW 29b`'' Street Eederal �t�'ay, �VA 98023 �jherir�s_;d,comcast.�tet Tim Atkins Big Mountain Enterprises tuti�a: hi�mountai nent.com PO Bos 1001 Enumcla�v, �V 4 98022 Bill McCaffrey WJM Studio 19 (1 SW Campus Drive, Suite 116 Federa! Way, WA 98023 ��j mccaffre v�a=ccnncast.net Tom 8arghausen Barghausen Consulting Engineers 182 l5 72" Avenue South Kent, WA 98032 tba reiiausen� i%bar�*hausen.com Peter Townsend 1648 South 310` Street, Suite 6 Federal tiVay, W� 98003 253-839-2947 petert£,;�i ��e.c�na Auburn, WA 98032 Mark Freifas IS �� 33516 9` Avenue South Federat �Vay, WA 98003 253-838-8327 markfccimi�;cs.com Tres Kirkebo Apex En�ineering 2601 35 Street, Suite 200 Tacoc�, WA 98409 253-473-4494 kirkeb n!apexengineerini;.net Dennis Haneberg Apex En�ineering 2601 35 Street, Suite 200 Tacoma, WA 98409 253-473-4494 hanberg(u'.aUexectgineering. net Gary Martinda(e The Commons of Federal Way 1928-B South Commons Blvd Federal Way, WA 98003 253-839-6156 gmartindaleca<tcafr�-.com Jet� Greene Greene Gasaway Architects PO Box 4158 Federal Way, WA 98063-4158 253-941-4937 jeffg�arch�r,�seanet.com Mike Behn Quadrant, Development Manager 14725 SE 36`� Street, Suite #200 PO Box 130 Bellevue, WA 98009 mike.beh�� Quadranthomes.co�n 425-452-6563 425-753-4866(cell) Hans Korve 726 Auburn Way North Auburn, WA 98032 hans a?dmp-inc.us 253-383-2200 Bob Roper bob.roper(a�conuast.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 206-2$3-47fri m.ikei�i Id��archiiec ts.com Chad Weiser OTAK 10236 NE Points Drive, Suite 400 Kirkland, VVA 98033-7897 206-442-13�9 chad.l� eis r'it: otak.com Christine Balyeat New Concept Homes PO Box 1229 Issaquah, �VA 98027 Itcbat ��eat�a�hc�titiail.cottt Steve Hammer Browleit Peterson Hammer Architects 6920 220`� SW, Suite 200 Mountlake Terrace, WA 98043 sreve(a?bpharch.com Met Easter Johnson Braund Design Group 15200 52 Avenue South, Suite 200 Seattle, WA 98188 206-76b-8300 mele rr jbd .� c°m Koong Cho Royal Hospitality (Hampton Inn) 15901 West Vailey Highway Tukwila, WA 98188 253 koongcra�co mcast. net K�`,2009 Code Amendmenu4lDU and Appraisal Clarification�.Planning Commissiom.�DLlStaff re}w�t and proposed languagelExh'bit D Stakeholders List.doc � P3P C Z OC 3 Jim Jordan (Saghalie Heights developer) j rj � rctas�(i- isun�edia.cvm Mike Hovland Hovland Architects 900 Meridian Avenue East, Ste 408 Milton, WA 98354 hovarc ht�?co�ncast.net Dave Thorstad 406 South 289`� Place Federal Way, WA 98003 dl[architec t(acomcast.net Dan Coxall Ham►nes Co. (St. Erancis Hospital) 132� 4` Avenue, Suite 103� Seattle, WA 98101 dcotall ca� ha mn �e;ca � c>m Tony Starkovich 1611 9�' Avenue �iorth Edmonds, �VA 98020 425-775-65�2 vi��ta�ecapital!�i?ttotn3ai l.con� Brett Thomas brett�a7mountainconst.com Connie Boyie connie.bovlerlcalliers.cam James Pate james��a�harsch.con� JeffOliphant j1o55(cr�aol.com Jerry Heinz jerry.heinz(cUweyerhaeuser.com Jon Potter jpotter93b[a?aol.cotn Randy Lioyd randylloyd ci�xprint.blackben Rick Oison RickOlson�i?fhsheaith.or� Rob Aigner robata�harsct�.cam Rob Rueber am;eber�a comcast.net Scott Rhodes rhodesarchitecture(�gmaii.com Sheppard Cutler sdvc@.tishersons.com Todd Suchan isuchani"u;wildwaves.com Gordon Olson (Uordon.otson{aisouthkin fire.o;g E�F��l�' � B��PG� ( � �� 2106 Pacific Avenue, Suite 300 Tacoma, �VA 98=t02 253-627-43b7 groe(a bcrades i�n.cnm Heidi Swartz Swartz Development 5724 30�' Avenue NE Seattle, WA 9810� (206) 730-b933 cell (206) 527-8999 fax hpswartz(d�comcast.ne t K\'_0()9 Code AmendmentslADU aod Appraisal ClarifcationlPtanning CommissionlADUlStaff rcpon and proposed Ianguage�Exfiibit D Stakd�oldas List.doc Page 3 of 3 C[TY OF FEDERAL W�Y PLANNING COMMISSION February 17, 2010 City Hall 7:00 p.m. Council Chambers MEETiNG MINUTES Commissioners present: Merle Pfeifer, Hope Eldee, Sarady Long, Lawson Bronson, Wayne Carlson, Tom i�tedhurst, 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 COMMENT Commissionner Carlson commented that two Federal Way residents won Sitver and Bronze metals this last w�eekend at the Olympic Games. He feels the city should consider aclrnowledging 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. AD�tIN[STRAT[VE 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 �vili 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, hotei, office, and retail) is in the preapplication phase. They are planning two towers, one approximately 400 feet in height and the second approximately 2U0 feet in height. COMM[SSiON BUS[NESS PUB[,tC HEaRING — Accessory Dwelling Unit Size Calculations Mr. Conlen delivered the staff report. The proposed code arriendments 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 inciuded in the ADU size calculation. The proposed amendment would specifically exclude garages, workshops, and similar non- living areas from the ADU size calculation. Removai 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 threshotd because it is inconsistent �vith the lots availab(e in Federal Way. 2) The prescriptive provisions are dysfunctional. 3) The proposed amendments pass the common sense test. 4) The proposed amendments retain protections that ADUs will be smaller in size than the principal � C`.DowmentsandSettings'�matth�LocalScttings:TemporazylntetnetFiles\Concent-Outbok\LLX'_CFSV,\lmingSurmt�ary02-17•10(2).doc �� PAGE�O��_ Plannim� Cominission �tinutes Page ? February 17, 2010 buildin�. Commissioner O'Neil asked if there can be a breeze�va�� to a detached ADU, or �vouid that be considered an attached ADU. Mr_ Conlen replied that as lon� as it is a non-structural, non-supportin� breezeway, the ADU wouid be considered detached. It is possible the building could be so close together that the city wouid consider the ADU to be attached. Commissioner O'Neit 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 ow could build an ADU for the sole pucpose 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 ciiy is compliant based, meaning that if someone complains about who is living in an ADU, the city wiil 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'Neii asked for a clarification of what is meant by average building elevation the height of the structure and grade. Mr. Conlen expiained 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 reptied that the city had a lot of existing ADUs when we incorporated. The ciry 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 Carison moved {and it was secondec� to recommended adoption of the staff's recommendation for the proposed amendments for the Accessory Dwelling Unit Size Ca(culation. The motion carried unanimousiy. The public hearing �vas closed, PUS[,[C HEA[t[�tG — ClariGcation 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. Staffproposes 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 wiil be removed. Same Pace, Seattle/King County Association of Rea[tors — He commented that the association supports the proposed amendments. 1) T'hey 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 (ikely the owner would C1Documems aruf Settings�matth�Local Settiags\Tenqorary Interna Fiks\Commt.0ut1ooklLLk'CFB�^.Mee[ing Surrvnary 02-17-i0(2� doc E�� PA�E�_Of__�f __ 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, Sec�ttle/Kijag Counry Association of Realtors — He commented that the state requires that the state certified appraiser be geo-competent, which �vould be unlikely �vith 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 anc! 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 rr►ember without appraisal experience may question an experience appraiser. Ms. Clark replied that staff wouid 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 appraisai. Same Pace, Seattle/King County Associataon 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. PUBL[C HEAR[NG — 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 ass�iated 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 ctearly 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 Federat 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) T'he notice board is not the only notice given. Commissioner Carison 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 ciry 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 C1DocumansandSettings`:rrunh`.l.ocalSntings�TertqwrarylntemttFila�ConteM.OutlookW,X2CF8NMcetingSurmwy02•]7-IO�?�duc EXH��IT � PAGE=C3�� Planning Cottunission titinutes Page 4 February 17, 2010 hearing �vas closed. ADDIT[ON�L BUSI�IESS Staff anticipates there �viil be no meetings in March. go before the City Council on March 16` The 2010 Planning Commission Work Program will AUD[ENCE C01�1MENT Sarne Pace, Seattle/King Counry .9ssociation of Realtors — He commented that the city has a good list of stakeholders. ADJOURN The meeting was adjourned at 8:05 p.m. C:1Documenu and Settingslrnazth�Loca! Settings`.Temporary 7ntana Files'•Contrnt.0utboklLLX2CF8Wvteaing Summary 0�-17-10 ('1 doc �-/�� PAG�_ L___d�_ � ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Accessory Dwelling Units (ADU) amending �'WRC 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; �J 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, and similar non-living areas from the size calculation of an Accessory Dwelling Unit (ADIn within the City of Federal Way; and WHEREAS, it is in the public interest for the City Council to adopt new amendments for the FWRC which establishes development regulations 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. 10- Page 1 of 8 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 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 clarification of areas to be included in the Accessory Dwelling Unit (ADU} 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 comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments aze 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- Page 2 of 8 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 following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: 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-family 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 (ADt� 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. 10- Page 3 of 8 Section 3. FWRC 19.195.180 is hereby amended to read as follows: USE ZONE CHART z DIRECTIONS: FIRST, read down to find use ... 1'HEN, across for REGULATIONS � Minimums Maximums Q H uired Yards �, ZONE a � � � ° � � SE � .� a � � o � .� � a � 3 N a�i o � � c �� .^� �n c a�i '� U ^� o '� � usE �� a ° �, x .� x� a a SPECIAL REGULATIONS AND NOTES Accessory �ess See 30 ft. 10 ft. 10 ft. See 30 ft. See-Alete 1. An accessory dwelling unit (ADU) shall meet the definition outlined in FWRC I9.OSA10. Minimum lot size for ADUs is Uased dwelling � 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. 'T''�° --��°�--��'�' °�°° s unit (ADU) None average 1 Parkin¢ L'�xror i n i nc m n:,. a..e ..,.,.e.. in single- building �ace 2. Only one ADU may be created per subject property. The ADU, accessor�structuTes and the primary dwelling unit together shall family elevation not exceed the maximum lot coverage prescribed in FWRC 19.195A10. residences 3. An ADU shall be designed so that, to the degree reasonably feasible, the appearance of the building remains that of a single-tami ly 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 ufility 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 19.265A10 contains regulations regarding home occupations and other accessory uses, facilities 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. 8 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 rime receive rent or other compensation for the owner-occupied unit. 9 8. t4� � ADU, excludin�any garage, workshop and similar non-livin ag reas, shall contain between 300 — 800 sq. ft., but shall not exceed 40% of the sq. ft. of the primary dwelling uni� excludin� workshop and similar non areas. The unit shall have no more than two bedrooms. �9 9. No more than one single housekeeping unit may occupy an ADU. � 10. Application for an ADU permit shall be made to the departmenk of community development services in accordance wiUi [he permit procedures adopted by the department, 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 deparhnent 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. Cancellarion of an ADUs registration may be accomplished by the owner filing a letter with the deparhnent of communiry development 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 12. ADUs are not permitted on cluster subdivision lots under FWRC 18.55.040(7). �-4 13. For rovisions that relate to the kee in of animals, see Cha ter 19.260 FWRC. Process 1, lI, III and IV are described in Chapter 19.55 FWRG For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For debils of wUat 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. Ordinance No. 10- Page 4 of 8 � � Rev 1/t0 LU Section 4. FWRC 19.200.180 is hereby amended to read as follows: USE ZONE CHART z DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS O Minimums Maximums � Re uired Yards ZONE a N �, � ; °' , RS U p�p � O fy � � 3 N � � � ' � � SPECIAL REGULATIONS AND NOTES USE o- > a' c d ro U �� a. x � u a�' a � ci v� rL .�° x� � a Accessory �'ase5s See Itt RS 35.0 zones: See 30 ft. See-�3eEe� 1. An accessory dwelling unit (ADU) shall meet the definition outlined in FWRC 19.05.010. Minimum lot size for at�asHe� ADUs is based dwelling � note 1 20 ft. 10 ft. 10 ft. note above 1 Parkin4 upon the minimum lot size for the exisNng primary dwelling unit as set forth in FWRC 19.200.010. unit None Otherwise: 2 average Space � ' ADU in buildln 2• On�Y one ADU may be created per subject property. The ADU, accessory structures and the primary dwelling unit together shall not exceed � � 20 ft. See 5 ft. g the ma�cimum lot coverage ptrescn'bed in FWRC 19.200.010, as follows: single- no � elevarion a. In RS 35.0 = 50% family q b. In RS 15.0 = 50% residences c. In RS 9.6 = 60% d. In RS 7.2 = 60% e. In RS 5.0 = 60% f. See FWRC 19.110.020(2xb) for calculaGon of lot coverage for flag lots. 3. An ADU shall be desig�ed 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. Side yard setback for a corner lot for that portion of the lot not adjacent to the primary vehicular access is ] 0 feet, otherwise five feet. 5. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. � . . , � 6. FWRC 19.265A10 contains regulaGons regarding other accessory uses, facilities and activities associated with this use. Home occupations are not allowed in an ADU. 8 7. ADUs may be accessed Uvough the entrance to the primary dwelling unit or through an additional entrance on the side or rear of the residence. Only one enlrance is allowed on the front of the residence. 9 8. The pmperty 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 wmpensation for tk�e owner-occupied unit 18 9. t�Thg ADU, excludin��ee . workshop, and similar non-living areas' shall contain behveen 300-800 sq. ft., but shall not exceed 40 % of the sq. ft. of the primary dwelling unik excludin1 �ee. workshop, and similar non-livin� areas. The unit shall have no more than two bedrooms. }� 10. No trore tlian one single housekeeping unit may occupy an ADU. ConNnued Process I, II, III and IV are described in For other informadon about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, 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. Ordinance No. 10- Page S of 8 Rev I / 10 LU 19.200.180 Accessory dwelling units. (Continued) USE ZONE CHART z DIRECTIONS: FIRST, read down to find use ... THEN, across for REGUL,ATIONS O Minimums Maximums Q Re uired Yards a N ZONE � ` °' RS U p�q c W � ..�r. L p' a �°' „ � > o� �� 3 N ` o � .s- ❑ '� .�? tn � � � U �pp � 3 .� uSE �� w � � a �� a SPECIAL REGULATIONS AND NOTES k� 11. Application for an ADU permit shall be made to the department of community development services in accordance with the permit procedures adopted by the department, and shall include a letter 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 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 deparhnent of community development services for recording at the department of records and elecrions, or may occur as a result of an enforcement acrion. �312. For sign requirements that apply to the project, see Chapter 19.140 FWRC. d-4 13. ADUs are not permitted on cluster subdivision lots under FWRC 18.55.040(7) or within cottage housing under Chapter 19.250 FWRC.. �-5 14. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. Process I, 11, IIl and 1 V are described in For other information abou[ parking and parking areas, see Chapter 19.130 FW RC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, � Chapter 19.65 FWRC, 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 19.125.150 et seq. Ordinance No. 10- Page 6 of 8 � Rev I/10 LU Section 5. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, ar 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 referencesthereto. Section 7. Ratification. Any act consistent with 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 day of 20 . CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC Ordinance No. 10- Page 7 of 8 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERKc PASSED BY THE CTTY COUNCIL: PUBLISHED: EFFECTNE DATE: ORDINANCE NO.: Ordinance No. 10- Page 8 of 8 CO[JIYCIL �IEETING DATE: March 16, ZO10 CITI" OF FEDERAL WAY CITY COUNCIL _ [TEM #: C� . b. . AGENDA BILL SUBJECT: Amendments to Federal �Vay Revised Code (FWRC) Title 16 "Surface Water Management," Title 18 "Subdivisions," and Title 19 "Zoning and Deve(opment Cocle," related to appraisal requirements. POL[CY QUESTIOIYS: 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 allowin� the applicable department director to require a second appraisal if the original appraisal is deemed inaccurate or inappropriate'? CO�[4I[1TEE Land Use/Transportation Committee (LUTC) CATEGORY: ❑ Consent ❑ City Council Business � Ordinance ❑ Resolution MEET[NG DATE: March 1, 2009 ❑ Public Hearing ❑ Other STAFF REPORT BY: Matthew Herrera, Associate Planner DEP'I': Communit� Deveiopment Services_ __ ___ Exhibits: ( I) Pianning 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 (3j Draft adoption ordinance. Background: Appraisal Requirements - Several sections of the FWRC require applicants to submit assessed or appraisal values for struchues or land that an applicant proposes to improve. Two of the ten code sections contain the requirement for a MAI appraisai, white the remaining eight sections require an appraisal from a source acceptable to the city. The proposed amendment wouid remove language requiring MAI appraisals and appraisals from a source acceptable to the city. Those requirements woutd be replaced consistently throughout applicable FWRC sections 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 quaiifying 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 recommendarion as contained in the Draft Adoption Ordinance (Exhibit 3); 2) AdoQt_the Plannin� Commission's_recommendation as modified by the LUTC: or 3) Do not_ado�t theproposed�olic�____ __ __ PLANN[NG COhiM[SS[ON RECONiMENDAT[ON: Adoption of Option #l. STAFF RECOMNIENDATION Staff recommends the Council adopt Option #i, adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance CITY MANAGER APPROVAL: 6CJ li/r O� ��j � ECTOR APPROVAL• i�� F'r Committee Council Committee Council CUMi�IITTEE RECOMMENDaT[ON: Forward Option #1 adopt the P(anning Commission's recommendation as contained in the Draft Adoption Ordinance to the full Council on March 16,,2�T�; �or first �ding �,� ,p}..,,, DiniDuclos, Chair Member PROPOSED COUNC(L MOT[ON(S): J/ 1.� °"� l RE.�DtNG OF ORDINANCE (3/16/10): "I mo v e to jorward the ordinance to a second reading for enactment on the Apri16, 2010, consent agenda. " 2 READIYG OE ORD[IVANCE (4/C/10) "I move approval oJthe LUTC's recommendation to approve the code amendments, which are contai iri the Adoption O rdinanc e. " COUNCIL ACT(ON: O APPROVED ❑ DENIED O TABLED/DEFERRED/NO ACT[ON � hIOVED TO SECOND READING (ordinances only) REVtSED —02/06/2006 K1?009 Cak �mendment; _4W a�d Appraisa! Clarifuation\LUTC1AppraisallAppraisa! Re��sed Agrnda BdI.DOC COUNC[L BILL # i reading Enactment reading ORD[NANCE # RESOLUTION # �� , CITY OF �° <�3x.s Feder�l ��/ DATE: To: FROM: SUBJEC'T: FILE: MEETII�IG DATE: E �� PA��_�� Zca PLANNING COMMISSION STAFF REPORT February l0, 2010 Chair Merie 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 foliowing three titles ofFederal Way Revised Code (FWRC): Title i6, "Surface Water Management"; Title 18, "Subdivisions"; and Title 19, "Zoning and Development Code"? B. ATTACHMENTS Exhibit A— Proposed Code Amendment to FWRC Chapter 16.15, "Regulated and Exerr►pt Activities" Exhibit B— Proposed Code Amendment to FWRC Chapter 18.55, "Design Criteria" Exhibit C— Proposed Code Amendment to FWRC Chapter 1930, "Nonconformance" Exhibit D— Proposed code amendment to FWRC Chapter 19.135, "Development Improvements" Exhibit 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 appraisal 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 tha "Surface Water Management;' "Subdivisioas." and "Zoning and Development Code" Fite #10-i00305-UP Planning Commission Staff Report Page 1 of 4 �" ��'�� .:�:t �ti� �=��:�� 2 � � association of real estate appraisers. Post-secondary education, experience, and membership in the organization are requirements for the 1�IAI designatior►. 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. T'he following are requirements to recei�•e an appraisal license or certification and the types of appraisals that may be conducted with each (icense or certification. Appraiser Training Education Type of Appraisal Conducted Licensed Two-year I) 150-hours reai estate One to four residential uniu apprenticeship appraisai coursework. having a transaction value less under licensecU 2) Pass state licensed real than $2�0,000, 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 reat estate appraisal value and nonresidential coursework; and 3) Pass property having a transaerion certified residential real estate value less than $250,000. a praisal exam_ Certified General 2S year O Bachelor's degree in any All types of real property apprenticeship field or at least 30 semester appraisais with no transaction under certified hoars 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. Jurisdictional Comparisons Staff sampled the following four surrounding cities' policies of appraisal requirements. Cit 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 the iifetime of the nonconforming use, does not Auburn recent tax assessment and does not exceed 50 percent of the assessed vatue of the use appraisals. nonconfomung use as established by the most current county assessor's tax roll...." ACC IS_�4.060 & ACC 12.64A.020 with regard to pubtic im rovements Yes. Des Moines requires an "Market vatue shall be estab(ished 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 appraisai. compensation at 50% of appraised value may be No codified threshold provided for determined from the records of the department of nonconforming 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 Devebpment Code" File NIO Planning Commission Staff Report Page 2 of 4 ��' � - �:�� 3 d� � Cit A raisal Lan uaae Code Citation No language; parks fee-in-lieu is The dollar amount of the fee-in-lieu shal( be Kent based on tax assessments; and determined by 1�0 percent of the averaae assessed public improvements are based on value per unit area of land within the boundaries of dollar value. the subdivision. Partial excer t rom KCC 12.O�1.6�. 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 stakeho(ders (E�chibit E) February 10, 2010. The staff report and all attachments were also e-mailed to the stakeholders (Exhibit F). E. BASIS FOR PLANNIIYG COMMISSIOIY ACT[ON FWRC Title 19, "Zoning and Development," Chapter 19.80, "Process VI Review," establishes a process and criteria for development reguiation amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: l. To review and evaluate the proposed development reguiation amendments. 2. To determine whether the proposed development regulation amendment meets the cri#eria provided by FWRC i9.80.130. 3. To forward a recornmendation to City Councit regarding adoption of the proposed development regulation amendment. F. DECISIOI�AL CRITERIA FWRC 19.80.130 provides criteria for development regulation amendxnents. The following section analyzes the compliance of the proposed amendments with the criteria provided by FWRC 19.80. t 30. The city may amend the text of the FWRC only if it finds that: 1. 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 development review process. LUP6 — Conduct regular reviews of tl7e development regulations to determine how to improve upon the permit review process. Appraisal Requiremenis within the "Surface Water Management," "Subdivisions ° and "Zoning and Development Code" File #10-100305-UP Planning Commission StafT'Report Page 3 of 4 ��- i _ . �� "��.:�� 2. The proposed amendment bears a substantial reiationship to public health, safety, or �velfare. Staff Response — The proposed amendment bears substantial relationship to public welfare ns it provides a consistent appraisal reqa�ire�nent und maintains professior�al standards for those tivho corzduct such appraisals. 3_ The proposed amendment is in the best interest of the residents of the city. Staff Response — The proposed amendmeitt is irc tlae best interest of the ciry as it reqa�ires appraisals submitted to the city to be prepared b}° state-certified appraisers. G. STAFF RECOMMENDATION As shown in Exhibits A, B, C, and D, staff recommends replacing appraisal language in Title 16, "Surface Water Management"; Titie 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 Exhibits 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 appraisai be corrected if it is determined to be inaccurate or inappropriate. H. PLANiYING COMM[SSION ACTION Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding the proposed development reguiation amendments: i. Recommend to Ciry Council adoption of the FtiVRC 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.12009 fode AmendmentsL4DU and Appraisal ClarificarionlPlanaing Commission\AppraisaPStafT Repon and Proq�sed Code L,�guageNppraisal StaftReport.doc Appraisal Requiremeots within the "Surface Water Management," "Subdivisions." and - `Zoning and Deveiopment Code" File #10-100305-UP Planning Commission Staff Report Page 4 of 4 �� 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 j New devedopment. (a) Single-family residential or small site development works; (b) Projects that add 5,000 square feet or more of ne�v impervious surface; (c) Projects that propose to construct or modify a drainage pipe/ditch that is i2 inches or more in size/depth, or receives surface and stormwater runoff from a drainage pipelditch 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 1�. (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 �,000 square feet or more; (b) Construction or repiacement of a building footprint or other structure having a surface area of 5,000 square feet or more, or which involves the expansiori of a building footprint or other shucture 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) Collecrion 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 dete�nined by the public �vorks 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 appiication �vhich is determined to trigger application of this subsection, or based on information deveioped during review of a particular redeveiopment application; (fj Projects that involve a change in use, and the changed use has a potential to release a new potlutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(sj " 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 �•��'��'�°��°-- �� --�°�*°�-` of the structure or improvement being redeveloped. The a�praisal shall be conducted by a state-certified ap r�aiser; 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 worics 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 dceumented water quality problem. (Ord. No. 99-35?, § 3, i 1-16-99. Code 2001 § 21-6.) Page 1 of 1 K: V�009 Code Amendments'aDli a�d .4ppraisal Clar�cation\Planning Cmtsnissio�A�aisal�Staff Repon and Pmposed Caie Language�Exhibit A Surface Wazer Managemefu 16.lSAiO.doc ��" � �.Y�� 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) Usable open space. Areas which have appropriate topography, soils, drainage and size to be considered for deveiopment as active recreation areas. (b) Conservation open space. Areas containing speciai natural or physical amenities or environmentally sensitive features, the conservation of which wouid 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 importance. Conservation open space and usable open space may be, but are not always, mutually inclusive. (c) BuJJ"er open space. Areas which are primarily intended to provide separation between properties or between properties and streers. Buffer open space may, but does not aiways, 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 iot 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 18.5�.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 ot the city's overal( park plan, quality, location, and service area of the open space that would other�vise be provided within the project. If the city determines that the location, qua.lity, 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 shall be paid. The fee-in-lieu of open space shall be calculated on 1� percent of the most recent assessed value of the Qroperty. 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 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 sha(1 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 ptat of the subdivision. All usable open space must be readily identifiable with the development and easily accessibie by the residents. Usable open space should be the central focus and an amenity for the project. Page l of 2 K!"�W9 Code AmendmenaWDU and Appraisal Clarification�Planning Cofmnission\Appraital':SiafT Repun aad Proposed Code Language\Exhibit B Subdivisans 18.55.060.doc ��`�' � � �� . (3) Any combination of open space types may be used to accomplish the total area required to be reserved as follo�vs: Open Space Category "/o of Gross Land Area Usable (0% minimum Conservation No maximum or minimu Buffer 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 othenvise provided for in FWRC 18.45.010. Review and approvaI of such cases shalt be based on the following considerations: (a) The change in percentage requirements would result in a superior open space plan than could be accompiished under the standard percentage requirements. (b) The availability and types of open space located �.vithin 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 corporarion 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, 12-1�-98; Ord. No. 98-309, § 3, 1-6-98; Ord. No. 97-291, � 3, 4-t-97; Ord. No. 90-41, § 1(16.250.10 — 16.250.60), 2-27-90. Formerly 20-15�. Code 2001 § 20-156.) Page 2 of Z K.�'.009 Code AmendmemsiADU and Appraisal Ciarifica�ionlPlanning CommissionlAppraisallStafTRepon and Proposed Code Lang�age�Exhibit B Subdivisions I8.55.060.doc EXHIBIT C Federal Wuy Revised Code Title 19, "Zoning and Devetopment Code" �� £' 3w �� T�7c�� 19.30.080 Nonconforming use. (1) Any nonconforming use must be terminated 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 nonconforming use and the fair market vaiue of that change, alteration or work exceeds 15 percent of the assessed or appraised value of that structure. �e-a�isa� .:a� ° °' ^�•'�� ,....,�'"�� *'�� ,.'�:��+ ��.-,-.,. The appraisal must be from a sete�ee *'�°* � °�+�'�'° +� +'�° ��'�• state-certified real estate appraiser. T'�° � �:�. a°"°'��°�* a:�°^�^� . , ��,o �.,�,.o.- „�«�.o «...,, .. .,t.. ..�.,,» �.e , ea_ , (c) The subject property has been abandoned. (2) Subsections ( l)(a) and (b) of this section do not apply to expansions or alterations to a structure that houses or supports a nonconforming use when the purpose is to establish, expand, or alter a conforming use. (Ord_ No. 06-� 1�, § 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{165.3�(2)), 6-I6A2; Ord. No. 92-135, § 3(165.35(2)), 4-21-92; Ord. No. 91-i i3, § 4(165.35(2)), 12-3-91; Ord. No. 90-43, � 2(1653�(2)), 2-27-90. Code 2001 § 22-332.) 1930.090 Nonconforming development. (1) If any aspect, structure, improvement or development does not conform to the development reguiations 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-lenanl 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) tf expansion of gross•floor area of an existing building occurs either through addition of new floors within the structure or enlargement of the existing building footprint, the applicant shall comply with all development regulations in effect at the time the expansion is proposed. If the property on which the expansion is proposed is occupied by multiple tenants or uses, the applicant shall comply with those development regulations applicable to the geographic portion of the site on which the expansion is proposed; or Page 1 of i 0 K:L'.009 Code Amendrt+ents'�ADI: and Appraisal ClarificazionlPtanning ComnissanlApprais�StatT Repon and Proposed Code LanguagelExhibit C Chapter 19.30 Nonconformace.doc ��`�' t . , ,��, �; �� - (ii) [f a ne�v and separate structure is being constructed on an already developed site, the applicant shail comply �vith all development regulations applicable to the geographic portion of the site on which the ne�e structure and any related improvements are to be constructed; or (iii) If the increase in gross floor area involves an existing sing(e-family residential dwelling, the applicant shall comply �ti-ith 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. Ne�v construction or renovarion which involves the increase in aross floor area of a nonconforming single-family structure is subject to all appiicabte requirements of this Code including but nat 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 tloor 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 simiiar features; provided, that such addition(s) shall not exceed 1,000 square feet per building in any one consecutive 12-month period, and shail not increase the extent of any other nonconformance. (d) Abandonmerit. 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. (� 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 �vork exceeds 50 percent of the assessed or appraised value of that improvement. . The appraisal must be from a °^^�^° ^ �+^'�'° +� *'�° �:�� state-certified real estate appraiser. T''�° a:�°�*�� -� ° ° +"° � �':�^�+ *� . , *'�° ,°�^°� ��'''�°'��,� ��"„�� °"^" �° „ °°a 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 appticable to the geographic portion of the site on which the alteration, change or improvement is proposed. For purposes of �determining value under this section, improvements required pursuant to this section (nonconforming development), FWRC 1930.110 (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. (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 street/sidewalk 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. 06-5 i 5, � 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-i44, � 3(i6535(4)), 6-16-92; Ord. No. 92-13�, § 3(16535(4)), 4-21-92; Ord. No. 91-113, § 4(16�.35(4)), 12-3-91; Ord. Na 90-43, § 2(16�35(4)), 2-27-90. Code 2001 § 22-334.) Page2of10 K-�2009 Code AmendmentsUDU and .ippraisal Clarification�Planni�g CommissionWppraisal'S[afFReport and Proposed Code language`�Exhibit C Chapter 19 t0 �oncon(ortmce.doc �� 19.30.100 Nonconforming signs. �;�� t � �� (t) Pc�rpose. In order to ease the economic impact of this Code on businesspersons �vith substantial investment 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 thereatter, this section provides for up to 10 years of continued use of a nonconforming sia in its existing state. During this period, it is expected that the sign may be amortized in its vaiue 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 shali not affect the application of this section. (2) Deftnitions. A"nonconforming sign " means any sign as defined by FWRC 19.05.190 which was iegally 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 compiy 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 respecfis in compliance with applicable law on the date of adoption of this Code. (b) Allowed. All legai 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 i9.140.130 shall not be eligible for characterization as legal nonconforming signs and must be removed upon notification by the city. (4j Notice of determination. (a) Required. After the city conducts a sign inventory, the city shall analyze whether each sign compiies with the sign reguiations of Chapter 19. i40 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 sign 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 eiigible 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 shall 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 conforming within 10 years from the effective date of this Code, on or before February 28, 2000, or within 14 years of the effective date of annexation if located in areas annexed to the city thereafter. Upon the expiration of the amortization period, the sign shall be brought into conformance with this Code, with a permit obtained, or be removed. A sign prohibited pursuant to FWRC 19.140.130 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. (6) Extension or exemption from amortization period. (a) Applicability. This subsection applies to any sign which is required to be removed pursuant to subsection (5) of this section following expiration of the amortization period. Page 3 of 10 K12009 Code Amendments�ADU and Appraisal Clarifxation\Planning CommissionlApprxisal\Staff Repoh a�d Propoxd Code LanguagelEahibit C Chapta 19.30 Noncontorrtuce.doc G�� F¢, _�� 4 ;"G�aYl.c.� (b) Pt�rpose. A sib amortization exemption or extension is a mechanism by which the city may provide relief from the effect of the si�n amortization program when its enforcement �vould 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 (�) 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 ail 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 puiposes of this subsection, "substantial compliance " means that the height of the sign is within 10 percent of the sign height required by Cha.pter 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 resuit 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 compiies 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 residentialiy developed or zoned property or is adequately screened so that the source of light is not directty visible; (vi) It is consistent with the city�'s comprehensive plan; and (vii) It is consistent with the public health, safety and welfare. (e) Applicable proceda�re. 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 immediately removed or modified to conform to ail 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 fo(lowing 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 work other than normal maintenance or other than tenant improvements, in any 12-month period, to any sriucture that houses or supports the use with which the legal nonconforming sign is associated and the fair market value of those changes, aiterations 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 � identificarion sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shali not resuit in the loss of such sign's legal nonconforming sign designation. (e) Change in aise. There has been a chanbe in use on the subject property as that term is defined by FWRC i 9.05.030. ( fl Change in tenant. There has been a change in tenant or business on the subject property. Page �1 of I� K:�2009 Code Amendmenss'.4Dli and Appraisa! ClarificationiPlanning Correnission'.Appra�saPS�aff Repon and Proposed Code Language�Exhibit C CAapta 1930 Nonconfa�mace doc G�� ;�� "; _ t2 ��"' 2� In connection �vith any multi-use or multi-tenant compiex, the foregoing events which require that a legal nonconforming sign be either removed or brought into contormance with this Code shall appiy only to the individual owner's or tenant's buildi��g-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 identification or tenant directory sign in order ko include such te�lant's name. (g) Expiration of amortization period_ Ail lega( 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 N of this Code, if the sign is determined to be of historic significance by satisfying ali 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 instalied; and (d) The subject sign or signs have been well maintained and are not materially detrimental to the public health, safety and welfare. (9) Government acquisition of property for right-of-tivuy. (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 ailowed 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 woutd resuit 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 L9.140.130 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.i35.300 et seq.; and (iv) Location of the sign with a required setback is otherwise consistent with the public health, safety, and weifare. (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 (egal 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 ttu�eat 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 settiement agreement was executed and filed with the court or recorded prior to the effective date of annexation; (C) the consent decree or settlement agreement does not compensate the owner of the sign for bringing the sign into conformance with the provisions of this title; (D) the owner of the sign applies for a Page � of 10 K:4:009 Code A�ndmemsW DU and Appraisal Clarification\Planning CommiuionUppraisa!`.Staf( Repi.n and Proposed Code CanguagelExh�bit C Chapter 1930 Nonca+frnnace.doc G�� ,:��.�� _2to . "��;�.: J permit to reiocate the sign within six months of the date the consent decree or settlement agreement �vas 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 �vork other than normal maintenance or other fhan tenant improvements to any structure or improvement that houses or supports the use with �vhich the nonconforming sign is associated, and the fair market value of those changes, alterations, or other �ti�ork, in any one consecutive 12-month period, exceeds 7� percent of the assessed or appraised vaiue of that structure or improvement�-QeE�t��-sy-t- ze-Ir��--f�'e�t�tE�• essesse�� . The appraisal must be from a �^..�°° +'�°+ :� state-certified real estate appraiser. �'"° a;�°�*�~ -~ ° ° �'�° ^^^';^^~+ }^ . , *"°'°-��°� ��*"°'�•.^ °�^,.�*° ^'�^"'�° , .�°a. For purposes of determining value under this subsection, improvements required pursuant to FWRC 19.30.090 (nonconforming development) and/or 19.30.110 (streetJsidewalk improvernents) shall not be counted towards the 7� 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 w�ould require the city to pay compensation under any federal, state or other law, including Chapter 47.42 RCW. (Ord. No. 09-�9�, § 9, 1-6-09; Ord. No. OS-486, § 3, 4-19-05; Ord. No. 04-468, § 3, i 1-16-04; Ord. No. 01-398, § 1, 7-17-01; Ord. No. 99-357, § 4, 12-7-99; Ord. No. 97-307, § 3, 12-16-97; Ord_ No. 9�-23�, § 3, 6-6-95; Ord. No. 92- 144, § 3(16�.�5(5)), 6-16-92; Ord. No. 92-135, § 3(165.35(�)), 4-21-92; Ord. No. 91-113, § 4(16�.35(5)), 12-3-91; Ord. No. 90-�t.i, § 2(1653�(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 «-ater 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 de� 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 aiready 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 deveiopment exceeds 50 percent of the assessed or appraised value 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 iand disturbing activities associated with impervious redevelopmznt. The appraisal 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 buitding footprint or other structure by 5,000 square feet of surface area or more; (c) Redevelopment which involves the repair or replacement of �,000 square feet or more of an impervious surface, when such redevelopment is not part of a routine maintenance activity; (d) Redevelopment which invoives 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 determined by the public works director, based on a written map, policy, water quality monitoring data or plan in existence Page 6 of 10 K'_CHW C tiie �me1uiments`��.aDU and Appraisal Garifieation�Planning CommissionlAppraisallStaRRepon and Propused Code Ianguage�Exhibit C Chapter 19.30 No�eonformace.doc �� ,� 1 `� ��,�_ or implemented by the public works director prior to submission of a redevelopment application which is determined to tri�ger application of this subsection, or based on information developed during review of a particular rede�elopment application; (t) Redevelopment which involves a change in use, and the chan`�ed use has a potential to release a ne�v pollutant(s) to surface water systems within the city. For the purposes of this subsection, "netiv pollutunt(sj " means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that �vas 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. T�° °�'��* � •�a° � °' ��'�° � ^*. The appraisa( must be from a state-certified general a�praiser. �''�° ..�':� . �-'.° a:�°^�^� � ° +'�° ~°a'��. +'�° .�;�. «"° rv~°�*°� �F+"° '-„� ° �+� �'��„ '�° . °a_ For purposes of determining value under this section, improvements required pursuant to FWRC 19.30_090 (nonconforming development), FWRC 19.30.110 (streedsidewalk improvements), this section (nonconforming water quality improvements) and FWRC 19.135A30 (streedsidewalk improvements) shail not be counted towards the 50 percent threshold w would trigger application of this subsection; (h) Redevelopment of properiy 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 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 instailed concurrent with the redevelopment triggering application of this section, unless an applicant for redevelopment opts to pursue ineremental construction of required improvements. In that event, the app(icant 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 folloti�ing subsections. (a) Extent of construction of required water quality improvements. Where the public works director determines that incremental conshuction is physically feasible, the appiicant shall construct that portion of the required improvements according to the following schedule: % of Redevelopment % of Water Quaiity Improvements 0-24 25 2� — 49 50 >50 100 Where construction of i00 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 shali 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 19.2� 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, concunent with the redevelopment. (c) Culculation 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 shali consider the cost of the proposed redevelopment as a percentage of the assessed or appraised value of all Page 7 of i0 K:\?009 Code Amendmrnts'�-aDU and Appraisal ClarificazionlPlanniog Commission\qppraisal\Swff Report aMi Proposed Code Language'�E�hibit C Chapter 19 30 Nonconfarmaco.doc E�� s ��_�-� structures on the subject property. rF,.„ „ „� : �oa ;� „, ,..+ �.� ., ,-oa �.., .,., �� e i� T� °�*��'° *� *"° �;*•. „ a ��;a +�� ' �. �,. *�° � �':��+ The appraisal must be from a state certiFied rea( estate appraiser. (d) Subsequent redeveloprnent. Whenever any person seeks approval for redevelopment on property for �vhich incremental construction of required water quality improvements �vas 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 quaiity 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 netiv requirements, and the schedule in subsection (2)(a) of this section shall also be applied to the new plan. (3) Location of water quality 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 betow grade. (Ord. No. 09-�95, § 8, 1-6-09; Ord_ No. 04-468, § 3, 11-16-04; Ord. No. 97-307, § 3, 12-i6-97; Ord. No. 92-144, § 3(1b5.35), 6-16-92; Ord. No. 92-13�, § 3(165.35), 4-21-92; Ord. No. 91-t 13, § 4(1653�), 12-3-91; Ord. No. 90- 43, § 2(ib535), 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 damaged 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 deshuction and any other nonconformity of or on the subject property may not in any way be increased. The provisions of this subsection are oniy 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 speci#`ied in subsection (1) of this section, the nonconforming use or density must be corrected if the appiicant 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. �ie °'� °* ^� ��a° �' ��''"° ° °�*. The appraisal must be from a � state-certified real estate appraiser. T''�° � �:�, a°. �':�°^•^� ^� . , °c��° ��,� °��,.�*� °'��" �° „ °°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 nonconfocming 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 dweliing located in the RS 7.2 zone (FWRC 19.200.010).'T''�° ��':��' -� , :a° � �' ^f •'�° Page 8 of t 0 K�2009 Code Amendments�.4DU and Appraisal Ciaritication'�P1aAnmg Commissan\Appraisal�SWff Repo�t and Proposed Code Language�Exhibit C Chapter I930 No�conCommce doc �� ° �-°a ��. *�° ^:*" ��° ��-°- ��' *�° *�_.� � �+� �'��" "° . °a. The a�praisal must be from a state J certified real estate ap�raiser. Changes, aiterations, additions or other work is subject to ali applicabie requirements of this Code includin� but not limited to provisions related to critical areas (FWRC Title L9, Division V), oft=street parking (Chapter 19.130 FWRC), improvements (Chapter 19.13� FWRC), and landscaping (Chapter 19.12� FWRC). (Ord. No. 04-468, y 3, 11- t G-0�; Ord. �to. 02-4 I 9, � 3, 7-2-02; Ord. No. 97-307, § 3, 12-16-97; Ord. No_ 92-144, § 3(16�.4�), G-16-92; Ord. No. 92-13�, § 3(16�.45), 4-21-92; Ord. No. 91-113, § 4(165_45), 12-3-91; Ord. No. 90- 43, � 2(16�.4�), 2-27-90. Eormerly 22-339. Code 2001 § 22-338.) 19.30.160 Special provisions for comptiance with government regulations. The provisions of this section wil! 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 Storabe Tanks; T'echnical Requirements and State Program Approval; Finat Rules" (40 CFR 280 and 281), as no�v 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 properry 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 foliowing 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 ^'� ^* m ��'° �' �+ *'�° °�*°. The appraisal must be from a � °� state-certified real estate ap rp aiser. T�° � ~;'�. �'°•,°'^~ °~� ° °° '':�°�+�-' ° �°a'�.�''�° ^;*�. +"°'�r�-°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 (streetJsidewalk improvements) shail not be counted towards the 75 percent threshold which would trigger application of this subsection; and (c) The proposal is otherwise consistent with the public health, safety, and welfare. (3) Othergovernment 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 �vhich form the basis of requiring that nonconfocmance on the subject property be corrected are necessitated solely to comply with local, state or €ederal regulation; (b) The actions necessitated to comply �vith 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. O 1-398, § 2, 7- ( 7-O 1; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 92-144, § 3(165.50), 6-16-92; Ord. No. 92-13�_ � 3(1b�.50), 4-21-92; Ord. No.91-I li, § 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 Ctaritication.Planning Comm�svon'.Appraisal'�Sta�T Repon and Proposed Code LanguagelExhibu C Chapter 1930 Nonconformace:doc ��' / R�� 7 �� 2� 19.30.200 Speeial 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: (i) 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. ''''�° �„~':�°~' -~°.. ~r^°:a° ^~ ° ^''*'�° : ° °�* ••,";^'� ��'�°°^ a^-�^^°a. The appraisal must be from a ° *'��* � °�+��'°'� � state-certified real estate appraiser. T''�° � �:�, a°•.°'��M°�� a;�°�+�� ^�^�, -'°^ •'�° . , .,.� ..�,.,» �.e . °a (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 reconshuct the damaged improvement within six months of the date of the damage and reconstructs the improvement pursuant to such permits. (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(165.30), 6-16-92; Ord. No. 92-1>>, § 3(16530), 4-21-92; Ord. No. 91-t l3, § 4(16530), 12-3-91; Ord. No. 90- 43, § 2(16530), 2-27-90. Code 2001 § 22-343.) Page 10 of 10 K�4'009 Code Art�endmentsWDU and Appraisal Clarificazion�Planning Cortunissic oWppaisal�StatT Repat and Proposed Code Language�Exhibic C Chapta 1930 Nrniwnfumiace.doc �� PA�� 8 �� EXHIBIT D Federal Way Revised Coc�e Title 19, "Zoning and Development Code" 19.135.030 When public improvements must be instalted. (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 properiy 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 witl 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 approvai 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 oniy. 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 required 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 developmer�t 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 requirements 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 estabtished in the city of Federal Way public works development standards. (Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. Na 06-515, § 3, 2-7-06; Ord. No. 02-417, § l, 3-19-02; Ord. No. 02-414, § 3, 2-19-02; Ord. No. 00-363, § 15, i-4-00; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, � 2(110.20), 2-27-90. Code 2001 § 22-1473.) Page I of 1 K. •�'009 fodt Amendments\ADU ard Ap�uaisai ClarificationlPlanning CortunissionUlppraisallStaff Repon and Proposed Codc Ianguage�ExMbit D Devebpmrnt Improvemeals 19.135.030.doc ��'�' � From: Tina Piety �� (� �� Sent: Wednesday, february 03, 2010 9:03 AM � To: Bill McCaffrey; Bob Cooper; Bob Roper; Brant A. Schweikl; Brett Thomas; Chad Weiser; Chris Carrel; Christine 8alyeat; 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; Nans Korve; Haynes Lund; Heidi Swartz;lames Pate;leff Greene;leff Oliphant;lennifer Dovey;lerry Heinz; Jim Jordan;lohn Bowman;lohn Norris; Jon Potter; 7ulie Ramseth; Koong Cho; Kurt Wilson; Mark Clirehugh; Mark Freitas; Mel Easter; Mike Bailey; Mike Behn; Mike Hovland; Monte PoweN; 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; Cary Roe; Ke� Miller; Lee Baiiey; William Appleton � Subject: Notice of Federal Way Planning Commission Attachments: Notice of Public Hearing.doc Heilo Federal Way Stakeholders, On February 17, 2010, the Federal Way Planning Commission will hold a public hearing on proposed amendments to the Federa/ Way Revised Code (FWRC) regarding: Accessory Dwelling Unit (ADUj 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�.��- ,ad��tY�w�,��-�-rr Community Development Services City of Federal Way Street: 33325 8th Avenue South Maii: PO Box 9718 Federal Way, WA 98063 253-835-2601; Fax 253-835-2609 EXHIBIT E Stakeholders List Updated Februar�� 2010 Bob Cooper Lloyd Enterprises Inc. PO Box 3889 Federal Way, WA 98063-3889 bohc,a� lovde nteiprises inc.cc».n Chris Carrel Eriend of the Hylebos PO Box 24971 Federal Way, WA 98093 cca�relta�att.blackben �.�et Dan Biles SBI Developing PO Box 73790 Puyallup, WA 98373 cianbr�i�soundbuilt}iomes .com Kurt Wilson SBI Developing PO Box 73790 Puyallup, WA 98373 {253)539-8116 kurt�u:;soundbu i l th o mes. com Darla Morin Harsch Investment Properties 13010 NE 20`� Street, Suite 450 Belle�ve, WA 98005 (425)284-5352 darl am(ii; harsch. cu n� Julie Ramseth Harsch Investment Properties 13010 NE 20`" Street, Suite 450 Bellevue, WA 98005 (530)450-0778 't� ilierr,�i�}�arsch.co{n Don Perry Lakehaven Utility District PO Box 4249 Federai Way, WA 98063 dper►yru�lakehaven or� Tim Osborne, PE Lakehaven Utility District 31627 l Avenue South Federai Vl�ay, WA 98003 (253) 946-5540 tosbo�ner; lakeha ve u.s�r� John Bowman Lakehaven Utility District PO Box 4249 Federal Way, WA 98063 (253) 946-5401 jbo«rman�� lakeha��en. or� ��?��' . � PQ�� Paul Manzer Pacland Development Consulting 11235 SE 6'� Street, Suite 220 Bellewe, WA 98004 (425)453-9501 pmanzer� 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 ail.hulsmann�abbeyroada rlelandtrz?fwsd_wednet.edu Jennifer povey Windermere 33405 6`� Avenue South Federal Way, WA 98003 (206)423-8000 �sclavev�r�w7nderm�re.coi�i John Norris Norris Homes 2053 Faben Drive Mercer Island, WA 98040 (206)275-1901 joluuiarris r?coincast.net Steve Kelly ESM Consulting Engineers 33915 1�` Way South, Suite 200 Federal Way, WA 98003 (253)838-6113 Steve. kelly�esmcii�ii.com Mark Ciirehugh GVA Kidder, Mathews, Se�ner 1201 Pacific Avenue, #1400 Tacoma, WA 98402 (253)722-1416 marckc(ci evakmcom Paul Lymberis Quadrant Homes PO Box 130 Bellevue, WA 98009 {425)452-6556 Pau l. i vmberis(�uquadra�it}a o mc s. co m Sid White Federal Way Public Schools 1066 South 320'� Street Federal Way, WA 98003 (2�3) 945-5935 s�; hite(u fwps.org Ron Biesold South King Fire & Rescue 31617 1�` Avenue South Federai Way, WA 98003 (206)227-9301 Ron. biesoldnsouthkingfue.ora Tom Raymond South King Fire & Rescue 31617 i s` Avenue South Federal Way, WA 98003 (253)946-7241 "Comaaymondfrvsouthkinr fire.or� Tom Pierson Federal Way Chamber of Commerce PO Box 4220 . Federal Way, WA 98063 (253)838-2605 tomp��federalwavchamber.co m Sam Pace Sea/King County Assoc of Realtors 29839 154�' Avenue SE Kent, WA 98042-4557 (253) 630-5541 sampace!a�concen#ric.net K:' _'009 Code AmemimentsW DU and .4pp�aisal ClarifcationlPlannmg CommissiooWp�xaisaflStaff Repat and P�oposed Code Language�Exfiibit E S�akeholders List.doc Page l of 3 E��T PA�� ! �� Ron Tremaine Redstone Devzlopment Land Acquisition avd De�-elopment 17417 433"� S[reet SE North Bend, WA 9804� reci�tot�zra n'�i'iio�.��ai 1.� c�n� 425-831-7730 (�vk) 206-353-176i {cell) 425-831-7783 (fax) Monte Powell Powell Homes 29607 8` Avenue South Federal Way, �VA 98003 monte!i`�ou�eil-ho�ne�.com Garrett J. Huffman Master Builders Association of King/Snohomish Counties 335 116�' Avenue SE Be(ievue, WA 98004 ghuffmau�i� n�baks.co cn 425-460-8236 (MBAKS) Brant A. Schweik(, P. E. Managing Member Schweikl and Associates, PLLC 705 South 9�' Street, Suite 303 Tacoma, WA 98405 bschw•eiklrrLSaci�� il.net 253-272-44�1(wk) 253-272-449�(fax) Sumner, WA 98390 2�3-891-1030 2�3-826-3891 (fax) ��t��ccia ie:�i-aoi.conl Gary Hering 1439 SW 296�` Street Federal Way, WA 98023 ai herin�iucomcast.c�et Tim Atkins Big Mountain Enterprises ti m; a?b iemountainent.com PO Box 1001 Enumcla�v, WA 98022 Bill McCaffrey WJM Studio 1911 SW Campus Drive, Suite 116 Eederal Way, WA 98023 �+�jmccaffrey d�comcast.net Tom Barghausen Barghausen Consulting Engineers i 8215 72° Avenue South Kent, WA 98032 tbar�hausen�;�barghausen.com Peter Townsend 1648 South 310`�' Street, Suite 6 Federal Way, WA 98003 253-839-2947 petert$!a ma.com Auburn, WA 98032 Mark Ereitas 33� 16 9`'' Avenue South Federal �Vay, VVA 98003 2�3-838-8327 tnarktcc i m�a; cs.com Tres Kirkebo Apex Engineering 2601 3�`� Street, Suite 200 Tacoma, WA 98409 2�3-473-4494 ki rkebo(ii� apexeneineerin�.net Dennis Haneberg Apex En�ineering 2b01 3� Street, Suite 200 Tacoma, WA 98409 253-473-4494 hanbergi�i:apexengineering.net Gary Martindale The Commons of Federal Way 1928-B South Commons Blvd Federal VVay, WA 98003 253-839-61�6 �martinaale,�%tcaf��.com Jeff Greene Greene Gasaway Arclutects PO Box 4t�8 Federal Way, WA 98063-4158 253-941-4937 j e ftt� �;areh:'uuseanet.com Mike Behn Quadrant, Development Manager 14725 SE 36`� Street, Suite #200 PO Box 130 Beilevue, WA 98009 mike.behn(iUquadranthomes.coi�i 425-452-6563 425-753-48b6(cell) Hans Korve 726 Aubum Way North Auburn, WA 98032 hans a?drr�-i�ic.us 253-383-2200 Bob Roper bob.roper(a?comcas t. c�.et 253-941-6954 Dale A Roper The Roper Company Landscape Architecture/Site Planning 816 Cherry Avenue, #3A Mike Baily LDG Architects i319 Dexter Avenue, Suite 260 Seattle, WA 98109 206-283-4764 n� ike(�i�ld;architzcts.com Chad Weiser OTAK 10236 NE Points Drive, Suite 400 Kirkland, WA 98033-7897 206-442-1359 chad. «�eiserta?ota k.cam Christine Balyeat New Concept Homes PO Box i 229 Issaquah, WA 98027 hcbaiyeat(r�h�tniail.com Steve Hammer Bro�vleit Peterson Hammer Architects 6920 220`�' SW, Suite 200 Mountlake Terrace, WA 98043 stev� ti_i'bpharch.cotti Mei Easter Johnson Braund Design Group 13200 S2 Avenue South, Suite 200 Seattle, WA 98188 206-766-8300 m�te`n. jbdg.com Koong Cho Roya! Hospitality (Hampton Inn) 15901 West Vailey Highway Tukwita, WA 98188 253-318-0908 l: �nn �ii+co mcas t. net K�2009 Code Amendments�P.DtI and Appraisal Clarification�.Planning Co�renissionlApprai;allStaff Report and Proposed Code Language\Exhibit E S�akeholda�s Liu dcx Page 2 of 3 E��' 1 PA�� 2 2 �� C Jim Jordan (Saghalie Heights developer) � 170Id8t1�� 1S0 [ll�t� i 3_CO tll Mike Hovland Hovland Architects 900 Meridian Avenue East, Ste 408 Milton, WA 98354 hovazchtncomcast. ��et Dave Thorstad 406 South 289�' Place Federal Way, WA 98003 ditarchitect(�comcas t.net Dan Coxall Hanunes Co. (St. Francis Hospital) 1325 4`�' Avenue, Suite 1035 Seattle, WA 98101 dc o aa l 1 ta; ha mme:s c o. c o m Tony Starkovich ( 61 t 9` Avenue North Edmonds, WA 98020 425-775-6�52 vinta�ecapitai(a?hotmail.com Gareth Roe $c� 2106 Pacitic :��enue, Suite 300 Tacoma, �l%A 9$-t02 2�3-627-�367 �,: roe�ri�bcradr:_s�t�.�<�rn Heidi Swartz Swartz Development 5724 30` Avenue NE Seattle, WA 9810� (206) 730-6933 cell (206) 527-8999 fa?t hps�cartz!�i �cosncast.n� t Brett Thomas brett(��n�ountainc�n Connie Boyle connie.bovler"a�colliers.com James Pate ian JeffOliphant jlo55raol.com. Jerry Heinz jerrv.heinz�iLweverliaeuser.com Jon Potter jpotter93f��acjl.con� Randy Lloyd randyliovd�i�Ypi Rick Olson RickOlsonFa�fhslleatth.or� Rob Aigner roba(a?1larscii.com Rob Rueber arnieber{u;conzcast.net Scott Rhodes rhodesarchitecture;�r;.gmail.com Sheppard Cutler swc� iishersons.com Todd Suchan tstu;hant"a;wild Gordon Olson Gordon.oison(ir,',southkingfire.or� K:12009 Code Amendments4lDU and Appraisal Ciarifiwtion\Planning Commissio�WppraisahStaff Reptxt and Propoud Code Language�Exfibrt E Stakeholdus List.doc Page 3 of 3 From: Sent: To: Cc: Subject: Attachments: E�1��' � Tina Piety �A�� 2 3 �:� 2� Wednesday, February 10, 2010 8:40 PM d � Bill McCaffrey; Bob Cooper; Bob Roper; 8rant A. Schweikl; 8rett 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 Nuffman; Gary Hering; Gary Martindale; Gil Hulsmann; Hans Korve; Haynes Lund; Heidi Swartz; James Pate; Jeff Greene; Jeff Oliphant; Jennifer Dovey;lerry Heinz;lim 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 tloyd; Rick Olson; Rob Aigner; Rob Rueber; Rod Leland; Ron Biesold; Ron Tremaine; Sam Pace; Scott Rhodes; Sheppard Cutler; Sid White; Steve Hammer; Steve KeUy; Tim Atkins; Tim Osborne; Todd Suchan; Tom Barghausen; Tom Pierson; Tom Raymond; Tony Starkovich; Tres Kirkebo Matt Herrera; Margaret Clark; Greg Fewins; Isaac Conlen; Lee Bailey; Cary Roe; Ken Miller; Marwan Salloum; William Appleton Federa! Way Planning Commission 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.d�c; 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; Fxhibit D Development Improvements 19.135.030.doc; Exhibit E Stakeholders List_doc; Motice 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 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.�cityoff_ederalway.com. r��,ety, �a��.� Community Development Services City ofi Federal Way Street: 33325 8th Avenue South Mail: PO Box 9718 Federal Way, WA 98063 253-835-2601; fax 253-835-2609 EXHIBIT F Stakehotders List Updated February 2010 Bob Cooper Lloyd Enterprises Inc. PO Box 3889 Federal Way, WA 98063-3889 hnticta; l tovdente rprisesinc_com Chris Carre( Friend of the Hylebos PO Box 24971 Federal Way, WA 98093 ccarrei[ att.blackber.r, �.y net Dan Biles SBI Deveioping PO Box 73790 Puyallup, WA 98373 danb(a�so undbuiltliomes.com Kurt Wiison SBI Developing PO Box 73790 Puyallup, WA 98373 (253)539-8116 kurt(a�sc�tmdbui lthomes.com Darla Morin Harsch Investment Properties 13010 NE 20�` Street, Suite 450 Betlevue, WA 98005 (425) 284-5352 dartamt"a�harsch.com Julie Ratnseth Harsch Investment Properties 13010 NE 20'� Street, Suite 450 Bellevue, WA 98005 (530) 450-0778 'u11 ier�l�arsch.com Don Perry Lakehaven Utility District PO Box 4249 Federal Way, WA 98063 dperry("a?lakehaven.or� Tim Osborne, PE Lakehaven Utility District 31627 1 u Avenue South Federal Way, WA 98003 (253) 946-5540 tosb�rne[a ve�i.org John Bowman Lakeha�•en Utility District PO Box 4249 Federal lVay, �V� 98063 (253)946-5401 jbo�vma�z;w� laket�ai-� n.org �x�� .� FA�� Paul Manzer Pacland Development Consulting 11235 SE 6'� Street, Suite 220 Bellevue, WA 98004 (42�)453-9501 pmanzer;iz',�pacland.com Git Hutsmann Abbey Road Group Rod Leland PO Box 1224 Federal Way Public Schools Puyallup, WA 98371 3 t405 i8�' Avenue South {2�3) 43�-3699 Federal Way, WA 98003 �il.h��l,itiar,u:reabhe�road=r��i�+.cvm rletand��a3f«•sd.�c�ednet.edu Jennifer povey Windermere 33405 6`� Avenue South Federal Way, �VA 9S003 (206) 423-8000 ,�sciocev!ri-�c•iE�deF-in� i��.coiia John Norris Norris Homes 2053 Faben Drive Mercer Island, �VA 98040 {206)27�-1901 j�luuion•is;a co�zicast.itet Steve Kelly ESM Consulting Engineers 33915 i'` �Vay South, Suite 200 Federal �Vay, ��'.a 98003 {253)838-61t3 Ste��e.keilv'a%esmci��il.com Mark Clirehugh GVA Kidder, �athe�vs, Segner 1201 Pacific Avenue, #i400 Tacoma, WA 98�02 (253)722-1416 marckc(�ievakm.cc}m Paul Lymberis Quadrant Homes PO Box 130 Bellewe, WA 98009 (425)452-6556 Paul�(vmh s!cr;:t�ua.c{ mcs.com Sid White Federai Way Public Schoots 1066 South 320'� Street Federal Way, WA 98003 (253) 945-�935 S W�i ttZilt� ftV�S ArS; Ron Biesold South King Fire & Rescue 31617 1 Avenue South Federal Way, WA 98003 (206)227-9301 Ron.bieso ld(n?southl:in� fire.orR Tom Raymond South King Fire & Rescue 31617 1 Avenue South Federal Way, WA 98003 {253)946-7241 Tom.ravrnond��southl: inafire_or� Tom Pierson Federal Way Chamber of Commerce PO Box 4220 Federal Way, WA 98063 (253)838-2605 tom aifederalwaycliamber.com Sam Pace Sea/King County Assoc of Realtors 29839 154�` Avenue SE Kent, WA 98042-4557 (253)630-5541 sampacef��conce ntri c. ne t K:1?009 Cude Amend�rentsWDU and Appraisal Clarificatanlplanning Co�mnivan4lppraisaPStaf#' Repon and Proposed Code Language�Exhibit F Stakelaldas List.doc Page 1 of 3 �� PA�� Ron Tremaine Redstone Devetopment Land Acquisition and Development 17417 433` Street SE North Bend, WA 9804� re dsto[aemn:�i , iiatma i 3.co 42�-831-7734(wk) 206-353-1761 (ceil) 425-831-7783 (fax) i�lonte Powell Powell Homes 29607 8�' Avenue South Eederat Way, WA 98003 mc.� nte �ci�.go wc l l- ho me s. c a m Garrett J. Huffman Master Builders Association of King/Snohomish Counties 33� i 16`� Avenue SE Bellevue, WA 98004 giiuffrnanr �ntbaks.com 425-460-8236 (MBAKS) Brant A. Schweikl, P.E. Managing Member Schweikl and Associates, PLLC 70� South 9`� Street, Suite 303 Tacoma, WA 9$405 bsch�veikl(asacit il.net 253-272-4451(wk) 2�3-272-4495(fax) Sumner, WA 98390 253-891-1030 253-826-3891 (fax) roperda ie�a�aol.car�a Gary Hering 1439 SW 296�' Street Federal Way, WA 98023 gj hering(a�comcask iiet Tim Atkins Big Mountain Enteiprises tim�a,bigmountainent.co m PO Box 1001 Enumclaw, WA 98022 Bill McCaffrey WJM Studio 1911 SW Campus Drive, Suite 1 l6 Federal Way, WA 98023 wjniccaffrey a.cr�mc�i,tnet Tom Barghausen Barghausen Consulting Engineers 18215 72" Avenue South Kent, WA 98032 tbar�hausen(�%bargliausen.com Peter Townsend 1648 South 3 i0` Street, Suite 6 Federal Way, WA 98003 253-839-2947 petert8(ii!me.com Auburn, WA 98032 Mark Freitas 33� 16 9` Avenue South Federat Way, WA 98003 253-838-8327 markfcc itn(ci,� cs.com Tres Kirkebo Apex En�ineering 260i 35 Street, Suite 200 Tacoma, WA 98409 253-473-4494 kirkeboTn)apexengineerin2. net Dennis Haneberg Apex En�ineering 2601 35 Street, Suite 200 Tacoma, WA 98409 253-473-4494 hanberg��apexenaineering.net Gary Martindale The Commons of Federal Way 1928-B South Commons Blvd Federal Way, WA 98003 253-839-6156 gmartindale�cutcafvv.com Jeff Greene Greene Gasaway Architects PO Box 4158 Federal Way, WA 98063-4158 253-941-4937 j e ffggarch.� seanet. com ivfike Behn Quadrant, Development Manager 14725 SE 36` Street, Suite #200 PO Box 130 Believue, WA 98009 mike. hetui(c,v��uaclrankhomes.com 42�-452-6563 42�-753-4866(cell) Hans Korve 726 Auburn Way North Auburn, WA 98032 han�ia::dmp-iuc.us 253-383-2200 Bob Roper bob. ro�erta`�c�mcast. net 253-941-69�4 Dale A Roper The Roper Company Landscape Architecture/Site Planning 816 Cherry Avenue, #3A Mike $aily LDG Architects 1319 Dexter Avenue, Suite 260 Seattle, WA 98109 206-283-4764 mike�c�ldgarchitec#s.com Chad Weiser OTAK 10236 NE Points Drive, Suite 400 Kirkland, WA 98033-7897 206-442-1359 chad.weiser(a)otak.com Christine Balyeat New Concept Homes PO Box 1229 Issaquah, WA 98027 hcbalyeatC�hohnai i.coii� Steve Hammer Browleit Peterson Hammer Architects 6920 220`� SW, Suite 200 Mountlake Terrace, WA 98043 steve(a�bnharch.com Mel Easter Johnson Braund Design Group 15200 52 Avenue South, Suite 200 Seattle, WA 98188 206-766-8300 mele mjbd .g com Koong Cho Royal Hospitality (Hampton Inn) 15901 West Valley Highway Tukwila, WA 98188 253-318-0908 koon�(d?comcast.net K�.�'_009 Code �lmendmenu� \Dl.' and Appraisal Clarificazion\Planning CommissionlAppraisall$taff Repon and Proposed Code Language\Exhbit F Stakehokers Li�.�c Page 2 of 3 Jim Jordan (Saghalie Heights de�-eloper) I'�OCt�ai�if(t�� iSUiTI:',L�i:1.C0111 Mike Hocland Hovtand Architects 900 Meridian �venue East, Ste 408 Milton, WA 9S354 ho�°archt(a;c<3mca,t. iic t Dave Thorstad 406 South 289` Place Federal Way, WA 98003 dltarcftit�ct:'a;comcast. net Dan Coxali Hammes Co. (St. Francis Hospital) Li25 4`� Avenue, Suite 103� Seattle, WA 98101 dcoxa lti�%ha nime sca. c�m Tony Starkovich 16l 1 9�' Avenue North Edmonds, �VA 98020 425-775-6�52 vinta�ecapital(rr?hom3ai l.com Brett Thomas brett�rt%mountainconst.coin Connie Boyle c�nnie.bovle(ci�coltiers.com James Pate jamesp�;a;harsch.corn JeffOliphant jln��ia;aol.com Jerry Heinz jen-v.heinz��weyerhaeuser.com Jon Potter ��OTiEI'�:�GTLHO�.CO[Il Randy Lloyd rantivllc3vdl�i?sprint.biackberiy.net Rick Otson RickOisonr;i�th.shealti�.or� Rob Aigner 1-at�a��u`I�arscl�.com Rob Rueber ama�ber!u:;comcast.i�et Scott Rhodes rho�esarchitectiireta)grnail.com Sheppard Cutler s�vc a;tisl�ersons.com Todd Suchan tsiictiaritcc';��ildwaves.com Gordoa Olson Gardon.olsonca;southkintrtire.org � � Gar�t�� BCRA 2 t06 Pacific Avenue, Suite 300 Tacoma, WA 98402 2�3-627-4367 �roerfi�bcradesi rn.� cc�m Heidi Swartz Swartz Development �724 30`� Avenue NE Seattle, WA 98105 (206) 730-6933 cell (206) 527-8999 fax hps wartz(�i?comcast.net K:�?009 Cade Amendments'aDU and Ap�xaisal Clarifiwtion\Plafming CommissanNppraisaA$taff Repoit and Ptoposed Code Language`�Exhibif F Swlcehoiders List.doc Page 3 of 3 CITY OF FEDER�L �V,�1' PLANNING COMMISSION February 17, 20i0 City Hail 7: p. 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 OE MINUTES The minutes of January Z0, 2010, were approved as written. AUDIENCE COi�tMENT Commissionner Carlson commented that two Federal Way residents won Silver and Bronze metals this last weekend at the Olyrnpic Games. He feels the city should consider acirnowledging 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 residenrial, hotel, office, and retail) is in the preapplicarion phase. They are planning two towers, one approximately 400 feet in height and the second approximately 200 feet in height. COMMISSION BUSINESS PUBLiC HEAtt[NG — Accessory Dwetling Unit Size Calcutations 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. Cunent 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 i 5,000 square f�t threshold because it is inconsistent with the lots available in Federal Way. 2) The prescriptive provisions are dysfunctional. 3) The proposed arnendments pass the common sense test. 4) The proposed amendments retain protections that ADUs will be smaller in size than the principal C:\pocuments and Settings�rtnnhiLoca! SettingslTrnporary lotemtt Fila�Conteat.0utloolc\LLX2CF8Wdeeting Sum�ary 02-17-IO ( Z) doc �� G PA�E ( ��_�___ Plannin�* Comnussion �tinutes Page 2 February 17, 2010 building. Com�nissioner O'Nei( asked if there can be a breezeway to a detached ADU, or would that be considered an attached ADU. l�Ir. Conlen replied that as long as it is a non-structural, non-supporting breezeway, the ADU wouid 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. Beck��ith 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 o�vner 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. �Ir. 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 repiied 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 Dweiling Unit Size Calculation. The motion carried unanimousty. The public hearing was closed, PUBLIC HEA[tINC — Clari�cation 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 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 appraisai. 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 wouid C:�Doeutnems and Settings'matth��Local SeetingsSempurary lnternn filestContent.0utboklLLX2Cf8 V�Mceting Sumrtwy 02-17-10 (2).doc EXH��IT PA�E � C��-� -- Planning Commission bfinutes Page 3 I�eb►uary 17, 2010 want to use an appraiser certified b}- 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 �vith an out-of-state appra�ser. Commissioner Medhurst why is the city giving the choice of an assessed value or an appraisal, why not just the assessed value? Ms. Clark repiied that city wants to be flexible and give applicants a choice. She noted that the proposed arr►endments 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 appraisai experience may quesrion 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 sta�s recommendation for the proposed amendments to Clarify the Appraisal Requirements. The motion carried unanimously. The public hearing was closed. PUBL[C 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 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 Counry 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 iots, of �vhich there are many in Federal Way. 3) The "if needed" language referring to additional notice boards is ambiguous, but the Association is wiiling 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 compiaints that one notice board is not adequate notice. Commissioner O'Nei( asked what happens if a notice board is defaced. Ms. Clark responded that if the city is told, the board would be replaced. Commissioner O'Neil moved to recommended adoption of the staff's recommendation for the proposed amendments to Short Subdivision Notice Requirements. The motion carried unanimously. The public C 1Docume�t and StttingsYnatthlLoea! Seuings\Temporary Imemet f7es��Comrnt Outbok�l.LX2C£SV�Meeting S�omwy 02-1�-10 (2).tbc �� FA�� 3 �� `� Ptanning CoiYUnission Minutes Page 4 Febcuary i 7, 2010 hearing was closed_ ADDITIONAL BUSINESS Staff anticipates there will be no cneetings in March. go before the City Council on March 16`�'. The 2010 Planning Commission Work Program will AUDIEIVCE COMMENT Same Pace, Seattle/King Counry 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.`.Documenrs and Settings�natth\Local SatingslTer�orary Intema Fila�Commt.0u[look\LLX2CFSV�Mma�g SurmLVy 02-1�-10 (2).doc �� PA+��_ `� ___ ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to appraisals; amending FWRC 16.15.010, 16.15.010(2)(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, 40-363, 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 Development 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, containing 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 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt new amendments for the FWRC which establishes consistent development regularions 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 T'hreshold 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. 10- Page 1 of 9 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 l, 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 1935 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council ma.kes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUP4 — Maximizes efficiency of the development review process. Ordinance No. 10- Page 2 of 9 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, �•�'°�� °°°- 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 �� -�-°�*°--` of the structure or improvement being redeveloped, The appraisal shall be conducted bv a state-certified real estate appraiser; 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 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 payment of an equivalent 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 properly. In the absence of an assessment, the market value shall be based on an appraisal conducted by a Ordinance No. 10- Page 3 of 9 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 far the project. Secrion 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 nonconfomung use and the fair market value of that change, alteration or work exceeds 15 percent of the assessed or appraised value of that structure. �e-�ksa� . The appraisal must be from a se��ee *��* � °„*^'�'° *^ *'�° ��*�� state-certified real estate appraiser. 'r'�° � „�'�� a ° - '°'"'�"'°"+ ''"°^*^" . , +�.e �,.,.,,o,. „��,o �.�.,, ., „�., �,�„» �.o , ea. , Section 7. FWRC 19.30.090(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. . The appraisal must be from a °-�*�'�'° *^ *�° �� state-certified real estate appraiser. T'^° a;Y°^+^r �^•, r°^ +�'° ^""';^^"+ +^ Ordinance No. 10- Page 4 of 9 . > *�° ,�-�-°-- �� *'�° *�°^ ^m^ °'�^" '�° „ °°a In the event this subsection is triggered with respect to a single-tenant or single-occupant site, the applicant shall meet all development xegulations 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 section (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. FWRC 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 market value of those changes, alterations, or other work, in any one consecutive 12-month period, exceeds 75 percent of the assessed or a�praised value of that structure or improvement . The appraisal must be from a se�ee state-certified real estate appraiser. ''""° a�- -~ ° ° +�° ° °';°°�� . , *'�° , �-�-°r �� *'�° '�-.^ ^-M^ ^'��„ '�° „ �°a. For purposes of determining value under this subsection, improvements required pursuant to FWRC 19.30.090 (nonconforming development) and/or 19.30.110 (streetJsidewalk improvements) shall not be counted towards the 75 percent threshold, which 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 � state-certified �eneral appraiser. ' ~•�'�'=� • �r'�° ''"'°^+"" ° ° +''° Ordinance No. 10- Page S of 9 r�a �,. ��° �;*-, *�° �--�^*°r ��' *�� *�_�^ � r*� ��^�� ° � °� For purposes of determining value , • 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 (streedsidewalk improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection; Section 10. FWRC 19.30.120(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� ^' �a �* �* �� a �- *� A T µ,��, , �u :." °-�*�'�,° *� *'�° �;�, �a „ �;a � - ��a � *'�° ^ ^';�°�. The appraisal must be from a state , certi�ed real estate a�praiser. Section 1 l. 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 r'��* � �a° ° �' �'' *'�° � °°M*. The appraisal must be from a se�se-t�ei-�s state-certified real estate appraiser. 'T''�° -��'-� a °��°'^��° „4 a= "°"`"" "' . , ^�+'�° �•,� ^��„-�+� �'�^„'�° „ �°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 axeas (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 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 Ordinance No. 10- Page 6 of 9 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). 'T''�° �-�-�'��-�* -�� „- '�° :a ° ^" ,�.o ,. ,.,;,,,..,« ,, e ,.sa ,... ��.e ,.;«„ .�.o ,..,.,.o,. ,.r+,,o ,-...,. ,. „+� �,�„u �o , va. The appraisal must be , 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. �ke . The appraisal must be from a �^.,--�° +'�°+ ;� state-certified real estate appraiser. ° r°a'�� *'�° �;*�. *'�° , �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 (streedsidewalk 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 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'�° �„�,;��* -M^" „ r^= �'° �-� °�-�"�;��, �r «�.e ; o o..� ...�,;,.w �..,� ,.00r a.,.....,,.oa � appraisal must be from a t�-s}� state-certified real estate appraiser. ''''� ~�'~� a�e�� ^��o=-�=z�qp�� Ordinance No. 10- Page 7 of 9 �TS:e� r�� i,,.ii �.e , e,a 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 bv 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 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 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 rati�ed 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_ Ordinance No. /0- Page 8 of 9 CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTNE DATE: ORDINANCE NO.: Ordinance No. 10- Page 9 of 9 COU�CII. �IEETING DATE: 1�Iarch 16, ?O10 ITEV1 #: a,�' CITY OF FEDERAL �VAY CITY COUNCIL �GENDA BILL SUBJECT: Amendments to Federa[ Way Revised Code (FWRC) Title 18 "Subdivisions," related to short subdivision onsite notice of application requirements. POLICY QUEST[ON Should the city reduce the requirement for three onsite short subdivision notice of application signs to one sign? C01INilTTEE Land Use/Transportation Committee {LUTC) C.ITEGORY: ❑ Consent ❑ City Council Business /1 � Ordinance Resolution MEET[NG DATE March 1 , 2009 ❑ Public Hearing ❑ Other STAEF REPORT BY: Matthew Herrera Associate Planner DEPT: Community Development Services Exhibits: (1) Planning Commission staff report for the February 17, 20i0; public hearing with Exhibits A-C; (2} Draft min tes of the February 17, 2010, Planning Commission meeting; and (3) Draft adoption ordinance. �.`^I � e.� Go.,nc.1 S'�.�,��-' (Z�o r� cy ��1'v. mn oc�� -��e-d- C�,r�..�k ac�a(''�� o� u�c�.r�t�w�C..Q- 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 oniy one pubiic right-of-�vay and,`or are relatively narrow in width. The proposed amendment would require one onsite notice sign with the option to procide 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 �roposed_policy. -----.._...._..........---------------------._...._......_.... ...._. PLANN[NG CONIM[SS[ON RECOMMENDAT[ON Adoption of Option #l. STAFF RECOM�IEiYDAT[ON Staffrecommends the Cou►icil adopt Option #1, adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance C[TY MANAGER APPROVAL: ��/ o� y O K,�'�[RECTOR APPROVAL: �� _� Co ttee Council Committee Council COMI�tITTEE RECOMMEIYDATION Forward Opti " - RS t'rt.od +fi��t� -h� Clttr� f?� �r� tPr'i� {�' �tppraprict-t� -s+.�jru�� iYt the Draft Adoption Ordinance to the full Coun � on N1 ch 16, , for first reading _ � �, �' � �- Dini Duclos, Chair �m Fe ell, Member acl ovey, ember PROPOSED COUNC[L MOT[ON(S): (/ � �"'� l READ[NG OF ORDINANCE (3/16/10) "I move to fonvard the ordinance to a second readingfor enactment on theApril6, 2010, consent agenda. " 2 READING OF ORDINANCE (416/10) `7move ap�roval of the L UTC's recommendation to approve the code amendments, which are contained in the Adoption Ordinance. " (BELOW TO BE CO�fPLETED BY CITY CLERK'S OFFICE) COUNCiL ACTION: 0 APPROVED COUNCIL BILL # O DENIED 1� reading ❑ TABLED/DEFERRED/NO ACT[ON Enactment reading O NtOVED TO SECOND READ[NG (ordinances only) ORDINANCE # REVISED - 02106�2006 RESOLUTION # K�?2009 Code Amendments�.ADU and Appraisal Clarification\LUTC�Shon Plat Uotice` Plat ftr.�i;rd .-�genda Bill DOC . �� m,� �-�� DATE: To: FRONf: SUBJECT: FtLE: � MEET[NG DATE: ��s � ��.�� l2 PLANNING COMMISSION STAFF REPORT February 10, 2010 Chair 1�lerle Pfeifer and Members of the City of Federal Way Pianning Commission Greg Fewins, Director of Community Development Services Niatthew Herrera, Associate Planner Onsite Public Notice Signs for Short Subdivision Notice of Application 10-100308-UP February 17, 20i0 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. ATTACHMEtiTS Exhibit A— Proposed code amendment to Federal Way Revised Code (FWRC) Title 18, "Subdivisions," 18.30.080 Exhibit B— Email notification to stakeholder list of Planning Commission pubiic hearing Exhibit C— Email notification to stakeholder list of Planning Commission staff report C. BACKGROUND & ANALYS[S The division of land into nine or fewer lots (short subdivision) requires the city to provide public notice in the Federa! 6Vay Mirror, pubiic 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 wili be conspicuously posted on or near the subject property. Of these, at (east one will be posted on or adjacent to every public right-of-way providing primary cehicular 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 re(atively 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 resourees. As an alternative to a prescriptive number of signs per short subdivision application, staff finds one notice board, with the option to provide additionai signs if necessary, wouid provide adequate notice of the proposed short subdivision. Onsite Public Notice Sign� for Short Subdivision I�iotice of Application File #10-100308-UP Planning Commission Staff R�pon Page ! of 3 �� .n 2 �� 2 Staff reviewed code langua�e in the following four jurisdictions: Des Moines, Kent, Renton, and Tacoma. With the exception of Tacoma,� ali 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 �OO 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. &ontages exceeding 500 feet, [directorj 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 shail be ptaced on the property adjacent to each street or potential access route. RMC 4-7-070 — A minimum of one notice of the application for short piat shall be posted Renton One on or adjacent to the land to be subdivided at least fourteen (14) days prior to the administrative deternunation on the short ptat a lication. As referenced in TCC 13.05.020 Table G. Tacoma None short plats do not require onsite norice sign stin . D. PROCEDURAL SUiVIbTARY The proposed development regulation is exempt from environmental review pursuant to State Environmental Policy Ac1 Rules 197-11-800(19), "Procedural Actions," as the proposal relates solely to governmentai procedures containing no substantive standards respecring use or modification of the environment. Public notice of the Pianning Commission hearing was published in the Federal Way Mirror and emailed to the department's stakeholders (Exhibit B) February 3, 2010. This staff report was emailed to the department's stakeholders on February 10, 2010 (E�ibit Cj. E. BASIS EOR PLANiYING COMNI[SS[ON 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: l. 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 ot'Application signs on the subject property. Onsite Public Notice Signs for Short Subdivision Notice of Application File #10-100308-UP Planning Commission Staff Report Page 2 of 3 ��#i' I �� 3 �� 12 3. To £orward a recommendation to City Council regarding adoption of the proposed development regulation amendment F. DEC[S[ONAL CRITER[A FWRC 19.80. t30 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 the applicable provisions of the comprehensive plan. Staff Response — The proposed code amendment is consistent with the following land use chapter policies: L�P4 — Maximize efficiency of the development review process. LUP6— Conduct regular reviews of the development regulations to determine how to improve upon the perrnit revietiv process. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. Staff Response — The proposed code an:endment bears a subslantial relationship to welfare as it will remove duplicative land use notice signs on properties within the ciry while still meeting public notice requirements_ 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 ciry as it reduces costs associated with duplicative sign postiiag. G. STAFF RECOMMENDATION 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 regarding the proposed development regulation amendments: l. Recommend to City Councii 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: �'009 Code AmendrtkntsW DU and Appraisal Ciarificazion\Ptannmg Commissa��Nrnice Sign`Staff Repon & Proposed Code LanguageWaice Sign Statf Report.doc Onsite Public Notice Signs for Short Subdivision Notice of Application File #10-100308-UP Planning Commission Staff Report Page 3 of 3 ��#� � EXHIBIT A �� ; � �� 1�2 Federal Way Revised Code Title 18, "Subdivisions" 18.30.080 Notice. ( i) Content. The director of community development services shall, �vithin 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 pro}ect name. The date of applicarion, date of the notice of completion for the applicarion 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 included 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 identifcation of existing environmental documents that evaluate the proposed project and the location where the application and any studies can he reviewed. (ij A statement of the preiiminary determination, if one has been made at the time of notice, of those developrrient regulations that will be used for project mitigation and of consistency as provided in RCW 36.70B.040. , {2) Distribaition. Within 14 days of issuance of the letter of completeness, and at least 14 calendar days before the deadline for submitting comments, the director of communiry 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 k�� one conv of the notice will be conspicuously posted ^� �� °�� +'-° , � adjacent to the primary vehicular access to ��•• �r��°�r *'�^• °h�=� the subject property. Additional siQns shall be posted on or near the subject propert� if needed, to clearly identif�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:`,?009 Code Ame�nKntslADU and Appraisal Clarificazion�Planning Commissioa\Notice Sign'StafF Repon & Proposed Code languagelEzhba A Proposed languags.doc ��° �l From: Tina Piety �� s' �� ' � Sent: Wednesday, February 03, 2010 9:03 AM -�� To: Bill McCaffrey; Sob Cooper; Bob Roper; Brant A. Schweikt; 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;leff Oliphant;lennifer Dovey; Jerry Heinz; Jim Jordan; lohn Bowman; John Norris; Jon Potter; Julie Ramseth; Koong Cho; Kurt Wilson; Mark Clirehugh; Mark Freitas; Me! 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 I Cc: Matt Herrera; Margaret Clark; Greg Fewins; Isaac Conlen; Cary Roe; Ken Mifler; Lee Bailey; William Appleton Subject: Notice of Federal Way Planning Commission l i Attachments: Notice of Public Hearing.doc I, Hello Federai Way Stakeholders, On February 17, 2010, the Federal Way Planning Commission will hotd 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 andJor comments to Associate Planner Matt Herrera at 253-835-2638, or matt.herrera@cityoffederalway.com. __ _ __..._.._ ri,vi,a. �'i,e,ty, �1 d;vn�trat'w� fl �i.�"a.vt.t II Community Developmen# Services City of Federal Way Street: 33325 8th Avenue South Mail: PO 8ox 9718 Federa) Way, WA 98063 253-835-2601; Fax 253-835-2609 EXHIBIT B Stakeho(ders List Updated February 2010 Bob Cooper Lloyd Enterprises Inc_ PO Box 3889 Federat Way, WA 98063-3889 bobc(ir.;l lovdenter�rises inc.coin Chris Carrel Friend of the Hylebos PO Box 24971 Federal Way, WA 98093 ccarrelt�i?att.hiackben y.net Dan Biles SBI Developing PO Box 73790 Puyallup, WA 98373 danb rv.soundbuilthomes.com Kurt Wilson SBI Developing PO Box 73790 Puyallup, VVA 98373 (253)539-8116 kurt��soundbui Ithomes.coni Darla Morin Harsch Investment Properties 13010 NE 20�` Stceet, Suite 450 Bellevue, WA 98005 (425)284-5352 dartamtivharsch.com Julie Ramseth Harsch Investment Properties 13010 NE 20 Street, Suite 450 Bellewe, WA 98005 (530)450-0778 �ul ier(2;harsc3i.com Don Perry Lakehaven Utility District PO Box 4249 Federal Way, WA 9$063 dpen lakehaven.org Tim Osborne, PE Lakehaven Utitity District 31627 1 Avenue South Federal Way, WA 98003 (253)946-5540 tosborne(ii?takehaveu.or� John Bowman Lakehaven Utility District PO Box 4249 Federal Way, WA 98063 (253)946-�401 jbo�inianiu;la kehaven.or�, �� i� � ��"_�_ Paul Manzer Pacland Development Consulting 11235 SE 6�' St�eet, Suite 220 Bellewe, WA 98004 (425)4�3-9501 �manzer�pacland.com Gil Hulsmann Abbey Road Group Rod Leland PO Box 1224 Federai Way Pubiic Schools Puyallup, WA 98371 31405 18`� Avenue South (253) 435-3699 Federal Way, WA 98003 gil_huisnian«!«abbe�z�ad��up.com rlelandt�fivsd.u�ednet.edu Jennifer povey Windermere 33405 6` Avenue South Federal �'Vay, WA 98003 (206)423-8000 jsdovev�cu �r•ii�de rrn� re_ co�n John Nonis Norris Homes 2053 Faben Drive Mercer Island, �VA 98040 (206)275-t901 jol�nnorris(ri�coi�icast. �iet Steve Kelly ESM Consulting Engineers 3391� l Way South, Suite 200 Federal Way, WA 98003 (253)838-6113 S te �� e. ke ilv�c�esmc i�� i I. co m Mark Clirehugh GVA Kidder, Mathews, Segner 1201 Pacific Avenue, # 1400 Tacoma, WA 98402 (253)722-1416 marckc(ci �va� �t�.cc�m Paul Lymberis Quadrant Homes PO Box 130 Bellevue, WA 98009 (425)452-6556 Paz�l.i ��eris{u;qiiattra�itliomes_com Sid White Federal Way Public Schools 1066 South 320`� Street Federal Way, WA 98003 (253)945-5935 swhite(a?fiips_org Ron Biesold South King Fire & Rescue 31617 l Avenue South Federal Way, WA 98003 (206) 227-9301 Ran. biesold(a�southl:ing fire.or� Tom Raymond South King Fire & Rescue 31617 1 Avenue South Federal Way, WA 98003 (253)946-7241 Tom.raymond{iz:southkingfire. ora Tom Pierson Federal Way Chamber of Commerce PO Box 4220 Federal Way, WA 98063 (253)838-2605 tomp�c� federahvaychamber.com Sam Pace Sea/King County Assoc of Realtors 29839 154'� Avenue SE Kent, WA 98042-4557 (253)630-5541 sampacenr,concentric. ne t K�':?009 Code AmendmenssL4DU and Appraisal ClarificazionlPlanning Commission�Notice Sign`,Siaff Repon & Proposed Code LanguagelEzhbit 8 Stakeholdus List.doc Page 1 of 3 Ron Tremaine Redstone Development Land Acquisition and Development 17�t 17 433"� Street SE North 8end, �VA 98045 3�edstoneron,f� iiotmail.com 425-831-7730 (wk) 206-353-1761 {celt) 425-831-7783 (fax) Monte Powell Powell Homes 29607 8`�' Avenue South Federal Way, WA 98003 monte rii:p� wet!-h�iiles.com. Garrett J. Huffman Master Builders Association of King/Snohomish Counties 33� 116`� A�•enue SE Bellevue, WA 98004 Ehuf(ma u�u-mbaks.cozn 425-460-8236 (MBAKS) Brant A. Sch�veikl, P.E. Managing Member Schweikl and Associates, PLLC 705 South 9`� Street, Suite 303 Tacoma, WA 98405 bsch�ce ik14 ;sac ivil. net 2�3-272-4451 (wk) 253-272-4495(fax) Mike Behn Quadrant, Development Manager 14725 SE 36�' Street, Suite #200 PO Box 130 Bellevue, WA 98009 mike.behn(cu.��u aci ra n thomes.eom 42�-452-6�63 42�-753-4866(cell) Hans Korve 726 Auburn Way North Auburn, WA 98032 hansi�jscim -iip ic.us 253-383-2200 Bob Roper bob.ro erp ;�i;con�cast.net 253-941-b954 Dale A Roper The Roper Company Landscape ArchitecturelSite Planning 816 Cherry Avenue, #3A �� i Sumner, WA 98390 ti4ark Fre�� ! �� 253-891-1030 33� 16 9�' Avenue South 253-826-3891 (fax) Federal Way, WA 95003 roperdaleut�aol.con� 2�3-838-8327 rnarkfccimia;cs.com Gary Hering 1439 SW 296�' Street Federal Way, WA 98023 gjherin = a.?c�nicast_iiet Tim Atkins Big Mountain Enterprises t imca'�,b i� mou�� ta i«e n i. c o�i � PO Box 1001 Enumclaw, WA 98022 Biil McCaffrey WJM Studio 1911 SW Campus Drive, Suite 116 Federal Way, WA 98023 �r� mcc a ffi�e v�c o mc a, t. ne t Tom Barghausen Barghausen Consulting Engineers 18215 72" Avenue South Kent, WA 98032 tbar�hausen�!bareha�ase n. com Peter Townsend 1648 South 310�' Street, Suite 6 Federal Way, WA 98003 253-839-2947 petertSfd�.me.com Aubum, WA 98032 Mike Baily LDG Architects 13i9 Dexter Avenue, Suite 260 Seattle, WA 98i09 206-283-4764 mike(� ldgarchiteets. com Tres Kirkebo Apex En�ineering 2601 35 Street, Suite 200 Tacoma, WA 98409 2�3-473-�4494 ki rkebo(a?apexengi neerine.net Dennis Haneberg Apex En�ineering 2601 35 Street, Suite 200 Tacoma, WA 98409 253-473-4494 hanberg(ciapexen in� eerin�•net Gary Martindale The Commons of Federal Way 1928-B South Commons Blvd Federal Way, WA 98003 253-839-6156 gmartindaie( Jeff Greene Greene Gasaway Architects PO Box 4158 Federal Way, WA 98063-4158 253-941-4937 j e ffg�arch�c�seanet.co �n Steve Hammer Browleit Peterson Hammer Architects 6920 220'� SW, Suite 200 Mountiake Terrace, WA 98043 steve(��bpharchcom 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 hcbai yeat�l h o t�na i i. co in Mel Easter Johnson Braund Design Group 15200 52 Avenue South, Suite 200 Seattle, WA 98188 206-766-8300 melecjbdg.com Koong Cho Royal Hospitality (Hampton Inn) 15901 West Valley Highway Tukwila, �VA 98188 253-318-0908 l:oongc(�i�comca st. net K�`�009 Code AmendmentsUDU and Appraisal Claificatioo\Planning Commission\Naico Sign�StafT Rcpon & Proposed Code t,anguage\Exhibit B Stakcholders List.doc Page 2 of 3 Jim Jordan (Saghatie Heights developer) jrjordas��i. isoi�ie�iia_�uiia Mike Hovland Hovland Architects 900 Meridian Avenue East, Ste 408 Milton, �VA 98354 hovarc ht("ci'cut��ca,t_ �tet Dave Thorstad 406 South 289�' Place Federal Way, WA 9800� dltarchitec tr�:cc>r.�ca�t. i3et Dan Coxall Hammes Co. (St. Erancis Hospital) 1325 4�' Avenue, Suite iO3� Seattle, WA 98101 dcoxall("d;hanzn�esco. com Tony Starkovich 1611 9�' Avenue North Edmonds, WA 98020 425-775-6552 vintagecapital�hotmaiLcom Brett Thomas bretttri�mountainconst.com Connie Boyle connie.bovleid�colliers.com James Pate 'a�s�a;harsch.cvm JeffOliphant j(oti5�a;�aol.com Jerry Heinz jeerv.heinzCa),weverhaeuser.com Jon Potter ,��otter93bir�aol.com Randy Lloyd rai�civ3lovd(�i�sprint.blackberry.net Rick Olson RickOlsonr,'ii�fhsheaith.or� Rob Aigner rc�u;l�ai Rob Rueber arrueb�r�ci�con�castnet Scott Rhodes � Sheppazd Cutler s�vc��c�.fishersons.com Todd Suchan tsuchanla;wiidwa��es.com Gordon Olson Gordon.olson(aisouthkingfire.org �� cR�' d �� I Z- P -- acR:a 2106 Pacific Avenue, Suite 300 Tacoma, �VA 98402 2i3-627-4367 «ro�: `ri.bcradesi�n.com Efeidi Swartz S�vartz Deve(opment �72-� 30�' Avenue NE Seattte, WA 98105 (206) 730-6933 cell {206) 527-8999 fax hpsw net K:�2009 Code Artra�dmentsWDU and Appaisal Clarificatron\Pla�ming CommissionlNotice Sign�Staff Repat & Proposed Code Languagt\Exhibe B Stal:eholders List.doc Page 3 of 3 E��' � From: Tina Piety ��+� q �� 1 2 Sent: Wednesday, Februaryl0, 2010 8:40 PM �� To: Bill McCaffrey; Sob 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; Oon Perry ; Garetfi Roe; Garrett Huffman; Gary Hering; Gary Martindale; Gil Hulsmann; Hans Korve; Haynes Lund; Heidi Swartz;lames Pate; Jeff Greene; Jeff Oliphant; Jennifer Oovey;lerry Heinz; Jim Jordan;lohn 8owman; John Norris;lon Potter;lulie Ramseth; Koong Cho; Kurt Wilson; Mark Clirehugh; Mark Freitas; Met Easter; Mike Bailey; Mike Behn; Mike Hovland; Monte Powell; Paul Lymberis; Paul Manzer; Peter Townsend; Randy ltoyd; Rick Olson; Rob Aigner; Rob Rueber; Rod Leland; Ron Biesold; Ron Tremaine; Sam Pace; Scott Rhodes; Sheppard Cutler; Sid White; Steve Hammer; Steve Keily; 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 Neilo Federal Way Stakeholders, On February 17th, the Federal Way Planning Commission wili be holding public hearings on proposed amendments to the Federa! Way Revised Code (FWRC) regarding: Accessory Dwelling Unit (ADU) size calculation; clari#ication 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�cityoffederaiway com. _ _ __ rc,�.��,�- ad��-r�w��a�;��x-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 EXHIBIT C Stakeholders List Updated February 2010 Bob Cooper Lloyd Enterprises Inc. PO Box 3889 Federal Way, WA 93063-3889 babcta�llovdente�prisesin�.coit� Chris Carrel Friend of the Hyiebos PO Box 24971 Federal Way, WA 98093 ccarre!(a att.blackberr}�. net Dan Biles SBI Devetoping PO Box 73790 Puyallup, WA 98373 danb(ri undbuilthgmes.cq m Kurt Wilson SBI Developing PO Box 73790 Puyallup, WA 98373 (253)539-8116 kurt��soandbt�i ltha�nes. col�i Darta Morin Harsch Investment Properties 13010 NE 20`�' Street, Suite 4�0 Betiewe, WA 98005 (425)284-5352 darlatntr"i�harsch. co m Julie Rattiseth Harsch Investment Properties 13010 NE 20`� Street, Suite 4�0 Believue, WA 9800� (530)450-0778 julier iiharsch.com Don Perry Lakehaven Utility District PO Box 4249 Federal Way, WA 98063 dperrysiz lakehaven.org Tim Osborne, PE Lakehaven Utility District 31627 1 �` Avenue South Federal Way, WA 98003 (253) 946-5540 tosborne�i� lakeha vei�. e�i� John Bowman Lakehaven Utility District PO Box 4249 Federal Way, WA 98063 (253)946-5401 j bo �vman�! lakehaven. ar� E��l�' ( . PA�E 1 � �� 2 .,�. Paul Manzer Pacland Development Consulting 1123� SE 6�' Street, Suite 220 Beltewe, WA 98004 (425)453-9501 pmauzzr(i�acland.com Gi( Hulsmann Abbey Road Group Rod Leland PO Box 1224 Federal Way Public Schools Puyallup, WA 98371 31405 i8`� Avenue South (253) 435-3699 Federal Way, WA 98003 �iLhulsmannC.ahbeyroad�roup.com rlelancita,fiusd.wednet.edu Jennifer povey W indermere 33405 6`� Avenue South Federal Way, WA 98003 (206)423-8000 j scic�vey(tiw°indermere.coc�� John Noms Norris Homes 2053 Faben Drive Mercer Island, WA 98040 (206) 275-1901 j �tumorris�)co�nc;ast. net Steve Ketly ESM Consulting Engineers 33915 1 Way South, Suite 200 Federal Way, WA 98003 (253)838-6113 Steve. kellr cciesmcivit.com Mark Clirehugh GVA Kidder, Mathews, Segner 1201 Pacific Avenue, #1400 Tacoma, WA 98402 (253)722-1416 marckc(u•,�,n akm.com Paul Lymberis Quadrant Homes PO Box 130 Bellewe, WA 98009 (425)452-6556 Pau l.l ymberisT�uac�raiidxames. com Sid White Federal Way Public Schools 1066 South 320 Street Federal Way, WA 98003 (253)945-5935 s�y�liite(a? f�ips.org Ron Biesold South King Fire & Rescue 31617 i s ` Avenue South Federal Way, WA 98003 (206) 227-930 t Ron.biesold.(a?southlcin fg ue.org Tom Raymond South King Fire & Rescue 3 t 617 1 Avenue South Federal Way, WA 98003 (253)946-7241 Tom. ravmor►d�a;southkingfire.org Tom Pierson Federal Way Chamber of Commerce PO Box 4220 Federal Way, WA 98063 (253) 838-2605 tomp[a� federahvayciiamber.com Sam Pace Sea/King County Assoc of Realtors 29839 t 54` Avenue SE Kent, WA 98042-4557 (253)630-5541 sam ace!cr%concentric.net _�.__. K:12009 Code AmeodmentsWDU and Appraisal�Clm�ificationiPlanning Commission�Notice Sign�Staff Report & Proposed Code IanguagelExhbit C Stakeholdus tiit.Mc Page i of 3 Ron Tremaine Redstone Development Land Acquisition and Development 17417 �33 Street SE North Bend, WA 9804� recistoneronr'cz>hotma i l.com 425-831-7730 {wk) 206-353-1761 (cetl) 425-831-7783 (fax) Monte Powell Powell Homes 29607 8`� Avenue South Federal Way, WA 98003 monte�u,�, owell-homes.con� Garrett J. Huffman Master Builders Association of King/Snohomish Counties 335 1 l6`� Avenue SE Bellewe, WA 98004 �huffman� �n�alcs.cocn 425-460-8236 (MBAKS) Brant A. Schweikl, P.E_ Managing Member Schweikl and Associates, PLLC 705 South 9"` Street, Suite 303 Tacoma, WA 98405 bs chive iklCsac i v i t. ne t 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 mi ke.behn��va uadra ntho m� s. c o►n 425-452-6563 425-753-4866(cell) Hans Korve 726 Auburn Way North Auburn, WA 98032 hans .dmp-nic.us 253-383-2200 Bob Roper bob.roper�a,comcast. net 253-941-6954 Dale A Roper The Roper Company Landscape Architecture/Site Planning 816 Cheny Avenue, #3A �� Sumner, WA 98390 i�tark Fr��h�I� �, �i'� �?' 2�3-891-1030 �3� 16 9 Av �e�ea�-- 2�3-426- �891 (fax) Federal 1�Vay, bVA 98003 t_c �perdaie�'a�aol.com 2�3-838-5327 inarktccim�� c;_com Gary Hering 1439 SW 296`� Street Federal Way, LVA 98023 ajiierin��a;comcast. net Tim Atkins Big Mountain Enterprises ti mr�?bis�mounta inent.com PO Box (001 Enumc(aw, WA 98022 Bill McCaffrey WJM Studio 1911 SW Campus Drive, Suite 116 Federai Way, WA 98023 wj ��icc affrev(a�comcast. net Tom Barghausen Barghausen Consulting Engineers 18215 72 Avenue South Kent, WA 98032 tbar�liauseu�u,bar�hausen.com Peter Townsend 1648 South 310'� Street, Suite 6 Federal Way, WA 98003 253-839-2947 �etert8',ii�me.com Auburn, WA 98032 Mike Baily LDG Architects 1319 Dexter Avenue, Suite 260 Seattle, WA 98109 206-283-4764 nukelw ld�architects.com Tres Kirkebo Apex En�ineering 2601 3�� Street, Suite 200 Tacoma, WA 98409 2�3-<173-4�94 ki rkeho;irane�ent�i neerine.net Dennis Haneberg Apex En�ineering 2601 3� Street, Suite 200 Tacoma, WA 98409 2�3-473-4494 hanber�ici'.apexei�gineerin��. net Gary Martindale The Commons of Eederal Way 1928-B South Commons Blvd Federa( Way, WA 98003 253-839-b156 �martindale!�c� tcafw.co m Jeff Greene Greene Gasaway Architects PO Box 41�8 Federal Way, WA 98063-4158 253-941-�1937 jeffg<�arch �L;seanet.co�ii Steve Hammer Browleit Peterson Hammer Architects 6920 220�' SW, Suite 200 Mountlake Terrace, WA 98043 stevelii?bpharch.ct�m Chad Weiser OTAK 10236 NE Points Drive, Suite 400 Kirkland, WA 98033-7897 206-442-1359 ctiad. vs�ei serfa)otak.com Christine Balyeat New Concept Homes PO Box 1229 tssaquah, WA 98027 hcbaIyreat� a?hottnail. com Mel Easter Johnson Braund Design Group 15200 �2 Avenue South, Suite 200 Seattle, WA 98188 206-766-8300 mele�%jbdo.corn Koong Cho Royal Hospitality (Hampton Inn) 15901 West Valley Highway Tukwila, WA 98188 253-318-0908 k�on�c!ii�coiticast. n�t K13009 Code AmendmemsWDU and Ap�xaisal Clyification�Planning Commission\Notice Sign�Staft' Repon & Proposed Code (.anguage\Exhba C Stakeholders Li� dnc Page 2 of 3 Jim Jordan (Saghalie Heights developer) j�j o rda n(a? i s o med i a. c o m Mike Hovland Hovland Architects 900 Meridian Avenue East, Ste 408 Milton, WA 983�4 hocarchtfrc?comcast. net Dave Thorstad 406 South 289`� Piace Federal Way, WA 98003 ditarcliitect(a',comcast. ne t Dan Coxa(( Hammes Co_ (St_ Francis Hospital) 1325 4` Avenue, Suite 1035 Seattle, WA 98101 dcaxall,a: ha n�mesco.com Tony Starkovich i 6 l 1 9`� Avenue North Edmonds, WA 98020 425-775-65�2 v i ntagecapital!�i�3iotmail.com Brett Thomas brett�u?mountainconst.con� Connie Boyle connie.boylefcccolliers.com James Pate james��harsch.co�u JeffOliphant jlo>5{"a�aol.com Jerry Heinz jem+.heinz(wweverhaeuser.cam Jon Potter i�otter936 c�aol.coiu Randy Lloyd randvll<>vd �nY��rint.blackber�-v.net Rick Olson RickOLsanri��fhsh�atth.or� Rob Aigner roba�u)lid�•sci�.com Rob Rueber amieber!a)con3cast.net Scott Rhodes rhodesarchitecture;a>�mail.com Sheppard Cutler swc(cvtishersons.com Todd Suchan #si�chan!"a�c��ild�vaves.com Gordon Olson Gordan.otsonr�i�,outhk.in�z.tire.or� E�� Garetl�� 2., _��i"„= BCR.A 2106 Pacific Avenue, Suite 300 Tacoma, �VA 98402 253-627-4367 kroe(z}bc ra<ies i <x ��. com Heidi Swartz Swartz Development 5724 30`" Avenue NE Seattle, WA 9810� (206) 730-6933 ce�l (206) 527-8999 fax hpswartzTdtcomcast. net K`2009 Coe)e Amendmems�ADU and Appraisal Clarifxa�io��Planning Connnissan\Nrnice SigmStaff Repon & Proposed Code IanguagelExhibi[ C Srakelaldas Liu.doc Page 3 of 3 CITY OF FEDERAL W.aY PLAt�1NI�1G CONIMISSION February 17, 2010 City� Hall 7:00 p.m. Council Chambers �fEET'ING 1��1INUTES 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 Attomey Peter Beck�vith, 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 nvo Federal Way residents won Silvec 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. ADMIN[STRATIVE REPORT Mr. Conien noted 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 staff reports. As an FYI to the Commission, Mr. Conlen reported that the 23` Avenue Condos/Skyway Hotei (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. COMMISSIOIY BUSIIYESS PUBLIC HEAIUNG — Accessory Dwelting Unit Size Calcufations Mr. Conlen delivered the staff report. The proposed code amendments will ciarify 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 ADUsT and make housekeeping amendments to ADU use zone charts. Current FWRC regulations do not clearly defne what areas are included in the ADU size calculation. The proposed amendment wouid specifically exclude garages, workshops, and similar non- living areas from the ADU size calculation. Removal of the t 5,000 square foot lot size threshold would aliow 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 �vith the lots available in Federal Way. 2) The prescriptive provisions are dysfunctional. 3) The proposed amendments pass the common sense test. 4) The proposed amendments retain protections that ADUs will be smaller in size than the principal C:�Documrnts and Settingslmazth\i.ocal Settings�Temporary� Intemu FilestComrni.OwlooktLLX2CP8V�Meeting Suiru�ry 02-17-IO.doc ��' R�� RA�� ( ��______ Planning Commission Minutes Page 2 February 17, 2010 building. Commissioner O'Neil asked if there can be a breeze�vay 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 bui(d an ADU for the sole purpose of reriting 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 Federa! 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 dweil on the property. Commissioner O'Neil asked for a clarification of �vhat 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 c ity approved. Ms. Clark replied that the city had a lot of existing ADUs when we incorporated. The city �vorked 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, dces the city anricipate 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 staffls recommendation for the proposed amendments for the Accessory Dwelling Unit Size Calculation. The motion carried unanimously. The public hearing was closed, PUB[,IC HEARING — Clarifcation 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 Insritute, 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 fust 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, SeattlelKing 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 owrier wouid C �� / r �'�►��.-��.� Pla�u�in� Conuiussion Minutes Pa�e 3 February 17, 2010 want to use an appraiser certified by another state. Ms. Clark replied the city would require a Washinb on state appraiser. Sanie Pace. Seattle/Kirtg Coarnry Association of Realtors — He commented that the state requires that the state certified appraiser be geo-competent, tivhich would be unlikely with an out-of-state appra�ser. Commissioner IVledhurst 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 ctarify who is authorized to conduct an appraisal. Commissioner Bronson expressed concern that the city may question the appraised vatue; 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 appraisa(. 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 stafFs recommendation for the proposed amendments to Clarify the Appraisal Requirements. The motion carried unanimously. "The public hearing was c(osed. PUBLIC HEAR[tvG — Short Subdivision Notice Requirements Ms. Clark delivered the staff report. Cunent FWRC regulations require the posting of three onsite notice boards on or near the subject properiy. The proposed amendment �vould 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 norice 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, Sealtle/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 smal(er 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 witling to wait to see how it works. 4) T'he norice board is not the only notice given. Commissioner Carlson comxnented that he supports the proposed amendment and that the only downside he sees is the city may receive compiaints 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'Neit moved to recommended adoption of the staff's recommendation for the proposed amendments to Short Subdivision Notice Requirements. The motion carried unanimously. The public /� C�`.DocumentsandSettingsvnatthll.ocalSett6'gs:Teng�orarylntemetfiles\ContentOuUooA�LLX'_CF3V'1leetingSunmuryU_-17-IO.doc ��y�� v �� 3 (�F Y .�_. _ Planning Comnussion vtinutes Page 4 February 17, 2010 hearing �vas c(osed. ADDITfOi�1�L BUSINESS " Staff anticipates there wiil be no meetings in March. go before the City Council on March 16"'. The 2010 Planning Commission Work Program will AUD[ENCE CQiViMENT Same Pace, Seattle/King County Association ofRealtors — He commented that the city has a good list of stakeholders. ADJOURN The meeting was adjourned at 8:05 p.m. C.�Doc�nems and Se�i�nes�mauMLocai Sn[mgs�Teoqrorary ln[a� Fi3es\Comw[.OuiboklLLX2CF8V1Mceting Summary02-17-IO.doc �� '.. �AG�=a� � ,_ ORDINANCE NO. AN ORDINAIYCE 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 �ederal 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 tl�ese code amendments on February 17, 2010, and forwarded a recommendation of approval; and WHEREAS, the Land Use/Transportation Committee of the Federai 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. l0- Page I of 4 Rev 1/10 LU � �� A��C��.. NOW, THEREFORE, THE CITY COUNCIL OF TEIE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FindinQs. 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 wil( 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 implement and is consistent with the applicable provisions of the Federal Wati� Comprehensive Plan. (d) This code amendment bears a substantial relationship to, and will protect and nat 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 l, the Federal Way City Council makes the following Conclusions of Law with respect to the decisionai 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. Ordirutnce No. 10- Page ? of 4 Rev 1/10 LU E�F��' 3 PA+�� 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 ��es one copv of the notice will be conspicuously posted ^� �r ��_ •"� , ��g adjacent to the primary vehicutar access to �� °�*�� *"�� •*� the subject property. Additional signs shall be posted on or near the subject property, if needed, to clearly identifv the propert� 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/clerical 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 oJ4 Rev 1/10 LU E�HI��IT 3 R�� 3 �F 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 Councii of the City of Federal Way this day of 20 CITY OF EEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:�2009 Code AmendmenuiADU and Appraisal Ciarification\LUTCkShort Plat Notice\ShoR Plat Notice Draft Ordinance.dce Ordinance No. l0- Page 4 of 4 Rev I!10 LU �� PA�� r CITY OF FedGral Way STAFF REPORT TO CITY COUNCIL DATE March 5, 2010 To: Mayor Linda Kochmar and City Council Members VIA: Brian Wilson, Interim City Manager FROM: Greg Fewins, Director of Community D velopment Servic/� Matthew Herrera, Associate Planner SUBJECT Land Use/Transportation Committee (LUTC) modification of Planning Commission's recommendation reg�rcling short subdivision onsite notice of application. MEETING DATE March 16, 2010 A. POLICY QUESTION Should the City reduce the requirement for three onsite short subdivision notice of application signs to one si�? B. BACKGROUND The Land Use/Transportation Committee (LUTC) considered the above policy question on Monday, March 1, 2010. Following consideration of the Planning Commission recommendation, the committee directed staff to modify the recommendation in order to clarify criteria for appropriate signage. With direction provided by the LUTC, staff presents the following modification of the Planning Commission recommendation. C. PLANNING COMMISSION RECOMMENDATION At least *�� one copv of the notice wi11 be conspicuously posted , ad�acent to the primary vehicular access to the subject property. Additional si�ns shall beposted on or near the subject property if needed to clearly identify the propert . D. LAND USE TRANSPORTATION COMMITTEE RECOMIVIENDATION AS MODIFIED "* ,°^�* *'�r°° ��„;°� A conv of the notice will be conspicuously posted ^� ^-- �°�r +'�° ° �e�--9�t#�^° �+'°�^* �° ,;,,'�° ~��+°a � ^a;^^°rt t° every SOO lineal feet of provertv adjoinin� a public right-of-way, � � � ' s�}ee�e� EXHIBIT `� PAGE.. �._..OF s . 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 nuxnber 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, 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; Ordinance No. 10- Page 1 of 4 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 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 implement 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 — Ma�cimize efficiency of the development review process. Ordinance No. 1 D- Page 2 of 4 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: A copv of the notice will be conspicuously posted ^~ �~ ~°�~ +'�° �„'�;°^+ �� °�r��* � * ° �� -° * ��M°r* * every SOO lineal feet of property C'iI�ZTT�� GG - G[GGIi�[v adjoining a public right-of-way, 'a• ,°�;^,,,�" � � *^ °�" " "°'h` +'"'` "'",+° uv u�v � �� '1�'/ i�� Section 4. Severabilitv. The provisions of this ardinance 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/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereta 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. 1 D- Page 3 of 4 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, L1NDA KOCHMAR ATTEST:. CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTNE DATE: ORDINANCE NO.: Ordinance No. 10- Page 4 of 4