LUTC PKT 04-19-2010City of Federal Way
City Council
Land Use/Transportation Committee
April 19, 2010
5:30 p.m.
Presenter Page
LeMaster 2
Appleton 4
MEETING AGENDA
(City Website)
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMITTEE BUSINESS
Topic Title/Description
A. Approval of Minutes: April 5, 2010
B. Approval of Dept. of Ecology Pass-Through Grant
Expenditures
C. King County Conservation Futures Funds Update,
Authorization to Transfer Matching Funds From
the SWM unallocated into the SWM 2010 Budget
Upon Receiving Notice of Additional
Conservation Futures Allocation and to Pursue
Acquisition of the Bridges Properly
D. Amendment to Exhibit A to the City Center
Planned Action Ordinance
E. Timing of Payments for Open Space Fee-in-lieu,
Regional Stormwater Facility Fee, and
Transportation Impact Fee
F. Subdivision Application Materials for Land Use
and Transportation Committee Packets
4. OTHER
Appleton 7
City Hall
Council Chambers
Action Council
or Info Date �me
Action N/A 5 min.
Action Consent 5 min.
Action Consent 5 min.
Shull 14 Action 5/4/2010
Ordinance
1� Reading
Herrera 39 Action 5/4/2010
Ordinance
1� Reading
Fewins 96 Information N/A
5 min.
10 min.
5 min.
5. FUTURE MEETINGS/AGENDA ITEMS: The next regularly scheduled meeting will be Monday, May 3, 2010.
6. AD]OURN
Commit�e Members City Staff
Dinl Dudos, Lnai� Cary M. Roe, P.E., Dirc�ctor of Parks, Pub/ic Works and Emergency Mana�ement
Jim Ferre//, Member Dai�ene LeMaster, Adminisbatrve Assistant ll
.ladt Dovey, Member 253-835-1701
G•ILUTL"�LUTCAgien�d�s and Summaries 20101 `1-19-10 LUTCAgerMa.�c
City of Federal Way
City Council
Land Use/Transportation Committee
Apri15, 2010 City Hall
5:30 PM City Council Chambers
MEETING SUMMARY
Committee Members in Attendance: Committee Chair Dini Duclos and Committee Member Jim Ferrell present. Council
Member Jack Dovey was excused.
Council Members in Attendance: Mayor Kochmaz and Council Member Jeanne Burbidge
Staff Members in Attendance: Director of Pazks, Public Works, and Emergency Management Cary Roe, Deputy Public
Works Director Marwan Salloum, Deputy Public Works Director Ken Miller, City Traf�ic Engineer Rick Perez, Senior
Traffic Engineer Maryanne Zukowski, Senior Traffic Engineer Jesse Hannahs, Street Systems Project Engineer John
Mulkey, Surface Water Manager William Appleton, Assistant City Attomey Peter Beckwith, and Administrative Assistant II
Tina Piety.
1. CALL TO ORDER
Committee Chair Duclos called the meeting to order at 5:30 PM.
2. PUBLIC COMMENT
There was no public comment.
3. BUSINESS ITEMS
ForwArd
Topic Title/Description to Council
A. Approval of the March 15, 2010, LUTC Minutes � N/A
Committee approved March 1, 2010, LUTC minutes as presented.
Moved: Ferrell Seconded: Duclos Passed: Unanimously, 2-0
B. Grant Funding for Transportation Improvement Projects —"Safe Routes to Schools, and 4/20/2010
Pedestrian and Bicycle Safety Program Consent
Senior Traffic Engineer Maryanne Zukowski presented information on this item. There was
no public comment. Councilmember Burbidge asked if all three measures being proposed in
the pedestrian and bicycle safety program grant were for both locations. Ms. Zukowski
responded that at 21�` Ave SW at SW 336�' St, there will be counter measures for pedestrian
collisions caused by right turns on red. At 21g` Ave SW between SW 338`� and SW 339`� St,
the counter measures address pedestrian collisions within the mid-block crosswalk.
Committee forwarded Option #1 as presented.
Moved: Ferrell Seconded: Duclos Passed: Unanimously, 2-0
Land Use/Transportation Committee Page 2 Apri15, 2010
C.
D.
E.
4. OTHER
None.
Setting Public Hearing Date for the Street Vacation of a Portion of 8` Avenue SW
Street Systems Project Engineer John Mulkey presented information on this item. There was
no public comment or discussion.
Committee forwarded Option #1 as presented.
Moved: Ferrell Seconded: Duclos
20 Way South Street Lighting Project — Bid Award
Senior Traffic Engineer Jesse Hannahs presented information on this item. There was no
public comment or discussion.
Committee forwarded Option #1 as presented.
Moved: Ferrell Seconded: Duclos
Passed: Unanimously, 2-0
Passed: Unanimously, 2-0
Marine Hills Emergency Pipe Repair — Project Acceptance
Surface Water Manager Will Appleton presented informarion on this item. There was no
public comment or discussion. The Committee commended Mr. Appleton on a job well done.
Committee forwarded Option #1 as presented.
Moved: Ferrell Seconded: Duclos Passed: Unanimously, 2-0
5. FUTURE MEETING
The next regular LUTC meeting will be Monday, Apri119, 2010, at 5:30 PM in City Council Chambers.
6. ADJOURN
The meeting adjourned at 5:39 PM.
Attest:
COMMITTEE APPROVAL:
Dini Duclos, Chair
4/20/2010
Consent
4/20/2010
Consent
4/20/10
Consent
Dazlene LeMaster, Administrative Assistant II
Jim Fenell, Member
Jack Dovey, Member
G:U,UTC�I.U'fC Agendas ami Summaries 2010�4-OS-]0 MinWes.doc 3
COUNCIL MEETING DATE: May 4, 2010
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUB.IECT: Approval of DOE Pass-through Crrant Expenditures
POLICY QiJESTION Should the Council approve the use of DOE pass-through grant funds to purchase the proposed
equipment and services in support of the City's ongoing compliance with its NPDES Phase II permit?
COMMITTEE Land Use and Transportation Comxnittee
CATEGORY:
� Consent ❑ Ordinance
MEETING DATE April 19, 2010
❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPOxT BY: William A��leton, P_E_,_Surface Water Manager_ _ DEPT__ Public Works
Attachments: Land Use and Transportation Comrmttee memorandum dated April 19, 2010.
Options Considered:
1. Authorize staff to proceed with the acquisition of the equipment and services outlined in the attached
memorandum using DOE pass-through Grant funds.
2. Do not authorize staff to purchase the equipment and services outlined in the attached memarandum and
provide direction.
STAFF RECOMNIENDATION Staffrecommends forwarding Option 1 to the May 4th, 2010 City Council Consent
Agenda far approval.
CITY MANAGERAPPROVAL: a.U=�w� �� I �
Committee Council
DIRECTORAPPROVAL: �
Committee Council
COMNIITTEE RECONIlVIENDATION:
Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Member
PROPOSED COiTNCII. MOTION: "I move to authorize staff to proceed with the acquisition of the equipment
and services outlined in the attached memorandum using DOE pass-through Grant funds. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COLTNCIL ACTION:
❑ APPRO VED COUNCIL BILL #
❑ DENIED 1
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordirsances only) ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
4
CITY OF FEDERAL WAY
MEMORANDUM
DATE: April 19, 2010
TO: Land Use and Transportation Comrriittee
VIA: Brian Wilson, City Manager/Police Chief `��,, i
FROM: William Appleton, P.E., Surface Water Manager �
SUBJECT: Approval of DOE Pass-through Grant Fund Expenditures
BACKGROUND:
On October 6, 2009, City council authorized staff to apply far a Departrnent of Ecology pass-through
grant and on November 13, 2009, the Department of Ecology (DOE) awarded the City Of Federal Way a
grant in the amount of $50,000. The grant is for funding the acquisition of equipment and services in
support of the City's continued efforts to remain in compliance with its NPDES Phase II pernut. Staff is
proposing that the following acquisitions be made with these gant funds (dollar amounts shown are
approximate):
Public Education & Outreach ($14,000)
Posters, Fliers, andBroachers ($1,800� Facilitate purchase of educational posters, broachers and fliers
far distn�bution within the communiry.
Curb Markers ($2,000� Purchase of adctitional catch basin inlet markers. These markers are intended to
increase peaples awareness about surface water entering our streams, lakes and ultimately Puget Sound.
Salmon �a Ciry Hall ($2,000� This program involves raising salmon from fertilized eggs to a juvenile
stage at City Hall and releasing them into the Hylebos. The fish tank and associate materials that will be
on display at City Hall will provide an educational opportunity for children and adults that visit our
facility. Additianally, the release of ju�enile salmon into the Hylebos will provide a great apportunity to
bring mare attention to our efforts to restore salmon runs within the city.
Rain Garden Education Project �8,200� This public educarion and outreach project involves teaching
interested communiry members about rain gardens, their bene�ts and how to construct them The project
will culminate in the construction of a rain garden within the City Of Federal Way.
Asset Mana�ement Epuiqment ($9,000)
�e inspection trailer ($4,500� A trailer will provide mobility and storage for the pipe inspection
equipment that will help to ensure the equipment is protected, kept in one place and not rrriisplaced and
that the equipment can be easily mobilized for everyday conditional pipe assessments and for use in
emergencies.
Generator ($1500� This generator will be mounted on the inspection trailer and used to power the
camera, TV monitor, laptop and other confined space equipment that is required to operate the pipe
inspection equipment for the purposes of conditional pipe assessment.
K:�I.UTC�2010\04-19-10 DOE Pass-thmugh Cm�nt Expenditures.doc
5
Pipe Camera Head Attachments ($500� These attachements will improve the passage of the inspection
camera head through stormdrains as well as better protect it. The proposed attachments will also improve
the imagery that can be captured in larger pipes.
Di�ital Recording Equipment $Z500) Equipment will include a laptap computer capable of processing
and storing video imagery generated by the pipe inspection camera in a digital format. The digital �les
will then be linked to the asset management software and will become part of the conditional status of the
City's stormwater infrastxucture for use in preventative maintenance planning.
Software ($13,000)
Asset Mana�ement Software (�10,000� Purchase of asset management software that will allow SWM to
accurately track all inspections, conditional assessment data and maintenance performed on stormwater
infrastructure.
ArcView level concurrent use license ($3,OOO�i This upgrade will replace ArcView 3.2 that the SWM
engineers currently utilize. The benefits of this upgrade are: Allows staff to utilize the current version of
GIS softwaxe (Currently SW�VI staff is using a version of GIS that was released in 1999); allows SWM
staff to access GIS Live data from our SQL server, no longer requiring the GIS division to export /format
the da.ta for use in the older GIS softwaxe; Allows SWM staff to access the latest Aerial imagery from the
GIS server. This software is used extensively to support our maintenance, inspection and aperations
prograxns which directly affect our NPDES permit.
Water Qualitv & Illicit Discharge Detection and Elimination ($4,100)
Car Wash Kit ($600� Car wash kits are design to prevent carwash effluent from entering the MS4 by
capturing the effluent and pumping it to the sanitary sewer. The City Of Federal Way allows citizens and
community groups to check these kits out far use and a steady increase in demand far these kits as been
observed over the past several years. There have been many occasions when all of the kits have been
checked out on the weekend.
Area Velocity Probe $1,000) Equipment will be used to monitor stormwater outfalls discharging into
salmon bearing streams, providing the data necessary to quantify both flow rates and potential
contaminant loadings.
Temperature Probes/log�ers ($1,0001 Equipment will be used to identify thermal stormwater pollution
sources impacring surface water in the Ciry, which is part of our IDDE/NPDES program.
Water c�uality Supplies ($1,500) Equipment includes water quality calibration supplies.
Temporarv Help ($10,000 to $12,000)
Hiring of temporary help to assist in pipe inspection and conditional assessment activities. The data
collected will be used to papulate our new asset management system
cc: Project File
Central File
6
COUNCIL MEETING DATE: May 4, 2010
CITY OF FEDERAL WAY
CITY COUNCIL
ITEM #:
AGENDA BILL
SUBJECT King County Conservation Futures Funds Update, authorization to transfer matching funds from SWM
unallocated into the SWM 2010 budget upon receiving notice of additional Conservation Futures allocation and to pursue
acquisition of the Bridges Properties.
POLICY QUESTION Should the Council authorize staff to accept additional King County Conservation Futures Funding
expected in the summer of 2010, transfer matching funds from SWM unallocated into the SWM 2010 budget and
authorize staff to pursue acquisition of the Bridges properties?
COMMITTEE Land Use and Transportation Cornnuttee
CATEGORY:
❑ Consent ❑ Ordinance
� City Council Business
❑ Resolution
STAFF REPORT BY: W111i1Tri A?
Attachments:
1. StaffMemorandum
2. Property Location Map
Options Considered:
P.E., Surface Water Mana
MEETING DATE Apri119 201 O
❑ Public Hearing
❑ Other
Public Works
1. Autharize staffto accept additional King County Conservation F�tures Funding in 2010, ifmade available, transfer
matching funds from SWM unallocated into the SWM 2010 budget and pursue the acqnisition of the Bridges
properties.
2. Authorize Staff to accept additional King County Conservation �itures F�nding in 2010, if made available.
3. Do not authorize staff to accept additional King County Conservation Fuiures Funding nor pursue acquisition of the
Bridges propert}t and provide direction to staff.
STAFF RECOMMENDATION Staffrecommends approval of Option 1.
CITY MANAGER APPROVAL: KJ•�/+I�+•� y ��� DIRECTOR APPROVAL: iG��
Committee Council Committee Council
COMMITTEE RECOMMENDATION N/A; Item has by-passed the committee level and has been taken directly to City
Council for approval.
Dini Duclos, Chair Jim Ferrell, Member _ Jack Dovey, Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to accept additional King County Conservation Futures
Funding in 2010, if made available, transfer matching funds from SWM unallocated into the SWM 2010 budget and
pursue the acquisition of the Bridges properties.;'
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APYROVED COUNCIL BILL #
❑ DENIED 1gTreading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) .� ORDINANCE #
REVISED - 02/06/2006 RESOLiTTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: April 19, 2010
TO: Land Use and Transportation Committee
VIA: Brian Wilson, City Manager
FROM: William Appleton, P.E., Surface Water Manager ���
SUBJECT• King County Conservation Futures Funding update, authorization to program matching
' funds into the SWM 2010 budget and pursue acquisition of the Bridges P r ope r t i e s.
BACKGROUND
On March 3, 2010, SWM staff was successful in obtaining approval from the King County Conservation
Futures Citizens Advisory Committee to forward a recommendation on to the King County Council
transferring a portion of the funds originally assigned to the Camp Kilworth acquisirion, into the Hylebos
Creek Project, which is urilized by SWM to acquire conservation properties. Without this effort, the
funds programmed for Caxrq� Kilworth would have been entirely reallocated to other nearshore projects
within neighboring jurisdictions. The Citizens Committee recommended tha.t $258,000 be redirected
from the Carnp Kilworth project to the Hy2ebos Creek Project. This amount, when combined with the
rema.ining $87,000 held in the Hylebos Creek Project, totals $345,000. These funds require a 50% match
and must be used far acquisitions within the Hylebos basin. Attached are the relevant pages from the
King County Conservation Futures Cirizens Comtnittee Annual Project Progress Report for the year
ending January 31, 2010.
The project descriptian for the Hylebos Creek Project is, "This project consists of approximately 63 acres
along the Hylebos Creek on several parcels north of South 376"' Street in Federal Way. The properties
contain riparian habita.t important for the protection of salmonid species in Hylebos Creek." The Bridges
properties, shown in figure 1, are within the Hylebos Creek Project area and Mr. Bridges has
communicated to staff that he is very interested in selling and has provided access to his praperty through
an access easement. Originally, the City had identified only one parcel of interest being owned by Mr.
Bridges, however, there is an additional 6.54 acre parcel that is adjacent to the original parcel and is of
high conservation value. Staff have walked both properties and concluded that the complex of springs,
riparian corridor and wetlands are some of the best remaining juvenile salmonid rearing habitat within the
City limits as evidenced by the juvenile �sh seen throughout the watercourses on the praperty. The
property also abuts the Enticknap property which is currently under a sales contract with the City Of
Federal Way.
The surface water division is seeking authorization to perform a wetland delineation, environmental site
assessment and appraisal on the Bridges properties and to pursue acquisition of both parcels. Matching
funds for the acquisition of the subject parcel are available within the utility's unallocated reserves. The
total amounY required for matching is $345,000.
KING COUNTY
CONSERVATION FUTURES CITIZENS COMMITTEE
ANNUAL PROJECT PROGRES5 REPORT
For The Year Ending January 31, 2010
March 30�` 2010
Brief background: Conservation Futures funding and progress reporting
Conservation Futures Tax (CFT) levy funds are collected from the praperty tax levy in King County
for the purchase of open space lands in incoiporated cities and in unincorporated areas. Ordinance
14714 directs the CFT Citizens Committee to make an annual review of the progress of projects and
to provide a report to King County elected of�cials by April 1 of each year. The following report
covers CFT projects that are two ar mare years old and have remaining unexpended funds. For each
project, the Comrrrittee has made a recommendation to extend, abandon, or change the scope of the
project to help move it to completion.
5ummary of overall CFT Project progress
The rate af project cornpletion has been fairly consistent over the past several years, with most of
them having been cornpleted CFT funding does not allow the use of condemnation or e�rinent
domain, so all property purchases must be voluntary between a landowner or multiple landowners and
a purchasing agency. These negotiations can take time, and in some cases jurisdictions need to
complete their attainment of required matching funds, which are often subject to armul funding
cycles. Thus, projects often benefit from extensions beyond a two year time frame. This year, two
projects axe recommended for abandonment, and the rest are recommended for a one year extension,
with two of those recommended for a change in project scape.
Funding reallocation criteria
The Coirnnittee has used the following criteria below when considering whether to recommend the
abandonment of an uncompleted project: �
• no purchase and sale agreement has been obtained by a jurisdiction;
• negotiations are inactive and no matching funds have been obtained or are likely to be obtained;
• other project partners have abandoned the project;
• the applicant has requested abandonment or reallocation;
• the project has changed and no longer meets CFT requirements;
• no extenuating circurnstances like ongoing legal process.
Where the Cominittee recormnends a reallocation of funds from one uncompleted project ta another
uncompleted project, it follows the criteria below, in order of importance:
1) to complete approved projects with a real deal and funding shortfalls
2) currently approved projects showing progress with a funding shortfall
3) a preference for projects located in the same geographic area or jurisdiction
Summary Table
The ta.ble on the next page summarizes the Committee's recommendations, The remainder of the
report discusses the individual projects, including a brief description of the scape and goals, the
current status, and the Comrrrittee's recommendation on whether to continue, abandon or adjust
the scope of the project.
CFT 2010 Annual Progress Report - 3/30/2010 9
1
2010 King County Conservation Futures Project Progress Report
For The Year Ending January 31, 2010
March 30, 2010
Summary of
Conservation Futures Citizens Committee Recommendations
For Uncompleted Projects Approved Two or More Years Ago
Jurisdiction Proiect Name
Fnnding Remaining
Date s Fnnds
Summary of .
Recommendation
Subnrban Cities
Federal Way Camp Kilworth
Federal Way Hylebos Creek
1112006/7 $ 900,000
11/2004 $ 87,000
Kent Clark Lake 11/2003/4/5/6 $ 579,620
Kent Panther Lake 11/2007/8/9 $1,150,000
Normandy Park Walker Preserve Addition 11/2006 $ 563,000
Sammamish Sammamish Landing 11/2007 $ 125,000
5eattle Duwamish/Georgetown 11/2002 $ 65,000
12`� Ave. Urban Center Park 11/2005 $ 500,000
King County Big Spring/Newaukum Creek 11/200'7 $ 44,000
Carnation Farmland 11/2003/7 $ 314,000
Cottage Lake Creek 11/2007 $ 500,000
Grrand Ridge Additions 11/2007 $ 500,000
Middle Issaquah Creek Project 11/2005 $ 107,288
Point Heyer Drift Cell 11/2008 $ 0
Sammamish Valley Farmland 11/2006/7 $ 212,520
Taylor Mountain Inholdings 11/2005 $ 304,480
Tolt San Souci 7/11/2006 $ 368,000
Tolt River Natural Area 11/2006 $ 112,000
Urban TDR Prograrn 11/2005/6 $ 832,197
White River PSE Corridor 11l2007 $ 245,000
Project abandoned; Reallocate $258,000
to Hylebos Creek Project and
$642,000 to Point Heyer Drift Cell
Exte�nsion and Scope Change
recommended; reallocate $258,0000
from Camp Kilworth CFT project
Partial completion/Extension requested
Extension re,commended
Extension recommended
Project abandoned, reallocate to
Patte,rson Creek headwaters project
Extension recommended
Ext�sion recommended
Completed, reallocate remaining fnnds to
Green River Natural Area/Newaukum
Creek CFT project
Extension r�ommended
Extension recommended
Ext�sion recommended
Extension recommended
Funds expended, reallocate $642,000
to project from Camp Kilworth Project
Ext�sion recommended
Extension recommended
Scope Change/ Extension
recommended
Extension recommended
Ext�sion recommended
Extension recommended
CFT 2010 Annual Progress Report - 3/30/2010 102
Originally Remaining
Jurisdiction Proiect (Month/Year Funded) Allocated Uns ent
Individual Project Recommendations:
SUBURBAN CITIES PROJECTS
Federal Wav Camp Kilworth �l 1/2006/71 $ 900,000 $ 900,000
Brief Description: Camp Kilworth is a 25-acre, wooded overnight camp facility with approximately 1/8
mile of shoreline on Puget Sound on SW Dash Point Road. The shoreline contains important nearshare
habitat and good upland rrrigratory songbird habitat. The property was originally donated to the Boy
5couts of America.
Status: Last year the fiinding for this project was obligated under a purchase and sale agreement
between Federal Way and the Boy Scouts, however, the sale was contested in a court action by two
fiasts that are controlled by heirs of the original property donar. The donation to the Scouts was in 1934
for the stated purpose of furthering scouting activities. In September, 2009 the State Supreme Cotu�t
declined to hear an appeal of a Washington State appellate court ruling that the Boy Scouts caimot sell
the camp without violating their deed to the property. Having elchausted their appeals, the Scouts are
unable to perform on their purchase and sale agreement, and the City of Federal Way has had to abandon
the project.
Committee Recommendation: The Committee acknowledges Federal Way's abandonment of the Camp
Kilworth acquisition in light of the legal decisions that make the sale unfeasible. The Co�rnrrittee
recommends the funds be transferred to two other related projects in keeping with the criteria for
reallocation of funds noted on page one of this report. $258,000 of the funds should be transferred to
the City of Federal Way's Hylebos Creek project (see below), as that project has a funding shortfall, a
willing seller, matching funds, and is in a similar geographic area to Camp Kilworth. The Point Heyer
Drift Cell project (see below) on Vashon Island should receive the remaining $642,000 from the
abandoned Camp Kilworth project. The Point Heyer project is a multiple-year, multiple-parcel
acquisition project that will also meet nearshare habitat protection goals of the Camp Kilworth project,
is also located geographically in south King County, has several owners who have expressed an
interested in selling their property, arld has significant ma.tching funds of over $600,000.
Federal Wa Hvlebos Creek ( 11/2004) $ 400,000 $ 87,000
Brief Description:
This project originally began as a 27-acre property acquisition on Hylebos Creek, but the original
property was purchased and preserved by the State of Washington as part of required mitigation for a
road construction project. In September, 2005 King County approved an expansion of the project scape
to include additional praperties totaling 62 acres on Hylebos Creek that have high quality riparian
habitat. Last year, that scope was modified to include the Enricknap Wetlands property, which was
funded in 2008 as a sepaxate Federal Way CFT acquisition project and is located on an eastern branch of
Hylebos Creek.
Status: Federal Way has acquired 33 acres on Hylebos Creek and is pursuing additional
properties. The Enticknap Wetlands property is now under contract far purchase by Federal Way,
and that acquisition will not l�kely require much, if any of the available Hylebos Creek CFT
CFT 2010 Annual Progress Report - 3/30/2010
113
Originally Remaining
Jurisdiction Proiect (Month/Year Fundedl Allocated Unspent
funds. Thus, the Enticknap Wetlands CFT project will be completed. Federal Way has existing
matching funds for additional acquisition work on Hylebos Creek, and the Federal Way Surface
Water Utility (SWU) is applying for 2011 CFT funds for Hylebos Creek in the coming
application round. Federal Way's SWU is requesting a portion of the funds from the abandoned
Carnp Kilworth Project, as it has spoken with other landowners in the Hylebos Creek project
scape area who would be willing sellers is if more funding becomes available. This project meets
the reallocation criteria, as it is an approved CFT project with a funding shortfall and it is located
in the same jurisdiction that is abandoning the Camp Kilworth CFT project.
Committee Recomrraendation: The Committee recommends an e�ctension of this project and the addition
of $258,000 from Federal Way's abandoned Camp Kilworth CF1' project. These funds will a11ow the
city to acquire property just north of the Enticknap wetlands property that Federal Way is cun'ently
acquiring. The Hylebos Creek project scope should be amended to include a 6.5 acre parcel directly
north of Enticknap wetlands, as it is adjacent to a parcel in the current scape with the same owner and
recent reconnaissance of the praperty with the owner has revealed several springs and small streamlets
that should be protected
Kent Cark Lake ( 11/2004/5/6/9) $1,535,000 $ 579,620
Brief Description:
• 2004 Clark Lake CFT: 3.17 acre acquisition of 2 parcels of land on the eastem side of the park.
• 2005 Clark Lake CFT: 17.3 acres on the south side of the Lake.
• 2006 Clark Lake CFT: 0.91 acre property on the southern portion of the area.
20 acres of private inholdings remain within the Clark Lake Park plarming boundaries. To
facilitate the completion these inholding acquisitions, last year King County approved a project
scope change that allows all of the available Clark Lake �CFT funds to be expended within any of
the previously approved properties with a funding shortfalL
Status:
Matching funds: Kent has received two earlier State of Washington grants totaling $740,000 and
has expended all but $7,500 of those funds. Kent has committed city funds for any additional
shortfalls.
• 3.17 acre propertv east side of park: Kent acquired 3.17 acres, excluding a single family house,
on July 30, 2007. (The house will become a retreat/conference center). Most of the property is
pasture, and native trees, shrubs, and grasses will be planted on the praperry, and a connecting
trail will be constructed, most likely through an Eag1e Scout project.
• 2 acre �ronertv, northeast corner of park: Kent acquired three acres in September, 2004. The
tenant resides in the house.
• 5.5 acres with home on north side of park: Staff negotiated with owner to purchase all or part of
their property, but negotiations have not been successful. The owner prefers to stay in home,
but has an expectation that the heirs will someday sell the praperty to Kent for a park.
• 2.2 acres on south side: Staff has been negotiating with the family. Owners not willing to sell.
•.91 acre �arcel on south side: Staff has attempted t contact, but owner not responding.
• 15.1 acre pasture �ro�erty, south side of park: this praperty has been in negotiations since
2008, and staff has contracted far an appraisal on a portion of the praperty including the lake,
wetland buffer, and a portion of the pasture. Discussions are active with the owner.
CFT 2010 Annual Progress Report - 3/30/2010
1�
City of 2011 West Hylebos
Federal Way Property Aquisitions
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c� � Feet N _—
COUNCIL MEETING DATE: May 4, 2010
_ _........_ . ..... ._..... . _._..---..._ _ _ _.._ _ _. .. . _
CITY COUNCIL
AGENDA BILL
ITEM #:
SUB.TECT: AMENDMENT TO EXffiBIT A TO THE CITY CENTER PLA1�iNED ACTION ORDINANCE
POLICY QUESTION Should the Ciry Center Planned Action Ordinance (�rd. # 07-547) be amended to modify
the planned acrion area depicted in Exhibit A to increase the size of the area covered by the Planned Action?
C011�IITTEE: LUTC
CATEGORY:
❑ Consent
❑ City Counci► Business
5TAFF REPORT BY: lanet Shull AICP
� Ordinance
❑ Resolution
MEETIl�iG DATE April 19, 2010
❑ Public Hearing
❑ Other
DEPT: Community Development
Background: Ordinance 07-547 established the City Center Planned Action. The proposed amendment
to Ordinance 07-547 will modify the City Center Planned Action area to add appro�mately 10 acres and
5 parcels to the City Center Planned Action area per a corresponding addendum to the City Center
Planned Action EiS. Tlus area includes a parcel currently being considered for mixed use development.
Attachments: Draft Ordinance, and Addendum to City Center Planned Action
Options Considered: 1. Amend Exhibit A to Ordinance 07-547; and 2. Do not amend Exhibit A to
Ordinance 07-547 �
STAFF RECOMNI�NDATION Option 1. Amend Exhibit A to Ordinance 07-547.
CITY MANAGER APPROVAL:
COMII�TTEE RECOMNTENDATION:
DIRECTOR APPROVAL:
coUncil o ittee councit
Comrmttee C h a ir Committee Member Committee Member
PROP06ED COUNCII. MOTION(S):
1 READING OF ORDINANCE (DATE) I move to forward the ordinance to a second reading for enactment on
the May 18, 2010 consent agenda.
2 READING OF ORDINANCE (CONSENT AGENDA DATE): " move approval of Ordinance 10� >�i "
(BELOW TO BE C'OMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL $ILL #
❑ DENIED 1
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
CITY OF FEDERAL'WAY
Ooc. I.D.
14
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, amending
Exhibit A to Ordinance No. 07-547 establishing the City Center Planned
Action Pursuant to RCW 43.21.031. (Amending OrdinanceNos. 07-54�
WHEREAS, the City Council enacted Ordinance No 07
Center Planned Action, pursuant to RCW 43.21.031; and
and
WI-�REAS, Exhibit A of Ordinance No 07
WI�REAS, on April 2, 2010, the city
Action EIS to modify the boundary of
and
establishing the City
Action azea;
#2 to the City Center Planned
area as depicted by E�►ibit A;
to the parties of record of the City
Center Planned
within the arca added by the Addendum; and
ten (10) acres and five (5) parcels to the
Action area; and
not alter assumptions contained within the City Center
Planned
to traffic impacts or other environmental impacts; and
anticipates development within the moclified area consistent with
WI�REAS, proposed development within the modified City Center Planned Action area wi71
be subject to the mitigation measures identified by the Planned Action EIS;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
Ordinance No.10- Page 1 of 3
Rev 1/10
the City
15
developm�nt anticipated by the C�ty Center Planned Action; and
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section l. Exhibit A of Ordinance 07-547 is hereby amended to appear as shown in
Exhi�bit B attached herein:
Section 2. Severabilitv. Should any section, subsection, pa���
�
phrase of this chapter, or its application to any person or situ '� ��cla�
;`/� `'%%%j'' ,,
��/
invalid for any reason, such decision shall not affect the, ���, rty of the ref3�
��
chapter or its application to any other person or s' �� . The City Council
Way hereby declares that it would have adopted t� ter
:
��
sentence, clauses, phrase, or portion t��;` ;�, irrespective e
�'��/////��% �
1 �'��, ,. �"����
sections, subsections, sentences, clauses, ase , f, b
unconstitutional.
invalid or
the codifiers of this ordinance are authorized
to make necessary
but not limited to, the correction of
.,�-
ordinance numbering, section/subsection numbers and any
da.te of this
Section 5.
This ordinance shall take effect and be in force five (5) days from
and after its passage and publication, as provided by law.
Ordinance No.10-
: Any act consistent with the authority and prior to the effective
ratified and affirmed.
sentence, clause, or
unconstitutional or
portions of this
of Federal
section, subse�`ti
fact that any one or more
Page 2 of 3
Rev i/10
16
PASSED by the City Council of the City of Federal Way this day of May, 2010.
CITY OF FEDERAL WAY
MAYOR, L1NDA
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A.
FILED WITH THE
PASSED BY THE 1
PUBLISHED:
EFFECTIVE DAT�
ORDINANCB NO.:
Ordinance No.10-
Page 3 of 3
Rev 1/10
17
City of
Federal Way
City Center Planned
Action Area
Exhibit A
Legend
� Existing City Center
Planned Action Area
�� Amendment to the
1�W1' Planned Action Area
0 1 /4 1 /2 '�
N
�1�2
Vicinity Map
Map Date: March 2010
City of Federal 1Nay
GIS Division
P.O. Box 9718
33325 8th Ave S
Federal Way, WA. 98063-9718
(P) (253) 835-7000
(V1Q www.cityoffederalway.com
CITY OF
Federal Way
� This map is intended for use as a graphical representation only. The City of Federal Way make no warranty as to its accuracy.
c�ty of
Federal Way
City Center Planned
Action Area
Exhibit B
Legend
� City Center Planned Action Area
0 1 /4 1 /2 '^'
N
Mile
Vicinity Map
Map Date: March 2010
City of Federal Way
GIS Division
P.O. Box 9718
33325 Sth Ave S
Federal Way, WA. 98063-9718
(P) (253) 835-7000
(V1� www.atyoffederalway.wm
CITY OF
Federal Way
� This m ap is intended for use as a graphical representation only. The City of Federal Way make no warranty a to its accuracy.
CITY OF FEDERAL WAY
ORDINANCE NO. 07- 5y`�
AN ORDINANCE OF THE CITY OF FEDERA.L WAY,
WASHINGTON, ESTABLISHING THE CITY CENTER
PLANNED ACTION PURSUANT TO RCW 43.22.031. •
WHEREAS, the State Environmental Policy Act (SEPA) and its implementing
regu}ations authorize cities planning under the G.rowth Management Act (GMA) to
designate planned actions that have had their significant impacts adequately addressed in
an environmental impact statement (EIS) prepared in conjunction with a comprehensive
plan, sub-area plan or a master planned development; and
WHEREAS RCW 43.21C.031 and WAC 197-11-164, 168, and -172 allow and
govern the application of a Planned Action designation; and
WHEREAS, the City of Federal Way has adopted a Comprehensive Plan that
addresses the City Center sub-area and has �prepared an EIS that considers a planned
action designation in a portion of the City Center sub-area, and
WHEREAS, Chap�er 7 of the City of Federal Way Comprehensive Plan addresses
the City Center sub-area and contains policy CCPS that states that the City should
complete a Planned Acrion to provide for streamlined permit review ir� the City Center to
accelerate Comprehensive Plan-fulfilling redeve[opment within the core area; and
WFiEEREAS, designation of a project as a planned action streamlines subsequent
review of the project by eliminating the need for preparation of a threshold determination
or EIS; and -
WHEREAS, adopting a SEPA Planned Action �or the City Center Planned Action
area with appropriate standards and procedures will help aclueve permit processing
efficiency and promo�e environmental quality, now, therefore,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
DOES HEREBY ORDAIN AS F4LLOWS:
Section 1 Purpose. The City of Federal Way declares that the p�arpose of this ordir�ance
is �o:
A. Combine environmental analysis with land use planning; and
B. Set forth a procedare designating certain project actions in a portion of the City
Center sub-area as "planned actions" consistent with state Iaw 43.21 C.031 RCW,
� and
Ordinance No. 07- �y7
Page 1
20
C. Streamline and expedite the tand use permit review process by relying on
completed and existing environmentat anaIysis for the Planned Action area; and
D. Apply the Federal Way City Code together with the mitigation framework in
Section 3 of this Ordinance for the purpose of processing planned action
development applications. . �
Section 2. Findings. The City of Federal Way finds that:
- • A. The City of Federa�l Way is required to prepaze and implement plans in
�" : � accordance with the provisions of the Growth Management Act, Chapfer 36.70A
� . - . � .• RCW. � � , . .
B, The City of Federal Way has adopted a comprehensive plan and City Center st�b-
area plan in compliance virith the GMA.
C. The City Center Planned Action Environmental Impact Statement identifies and
addresses all significant environmental impacts associated with the proposed
,.. planned action as defined in Section 3 of this Ordinanee;. and
D. The mitigation measures contained in Exhibit B of this Ordinance, together with
applicable City development standards, are adequate to mitigate the significant
��adverse environmental impacts of planned action development as defined in
�. Subsection 3.0 of this Ordinance. -- �
E. The expedited permit review procedures as set forth in this Ordinance are and will
be a benefit to the public, protect the environment, and enhance economic
development; and .
F. Opportunities for pubiic involvement and review have been provided, and
comments considered as part of preparation of the Draft and Final Planned Action
Environmental I�pact Statement.
Section 3. Procedures and Criteria for Evatuating and Determining Projects as
Planned Actions.
A. Planned Action Site. The Planned Action designation shall a�ply to the
approximateiy 200 acre site generally bounded by South 3I2` Street on the north,
South 324�' Street on the south, Pacific Highway South on the west and 23'�
Avenue South on the east and shown in Exhibit A.
B. Environmental Document. A planned action designation for a site-specific
application shall be based on the environmental analysis contained in the City
Center Planned Action Environmental Impact Statement (EIS) completed by the
City on September 8, 2006. "EIS" means the City Center Planned Action
Environmental Impact Statement composed of the Draft EIS (June 2006) and the
Final ETS (September 2006). The Mitigation Document (Exhibit B) is based upon
Ordinance No. 07-,fV�
Page 2
21
the analysis of the EIS_ The Mitigation Document, together with applicable City
codes, ordinances and standards shall provide the framework for the decision by
the City to impose conditions on a planned action project.
C. Planned Action Qualifications.
I. Land Uses. The fotlowing uses are the primary uses anaIyzed in the EIS.
i. Retail goods and services
. � ii. Office
- - iii. Lodging
iv. Residential
v, Civic
vi. Structured parking . _ �
2. Development Thresholds. The Planned Action designation applies to
�. - future development proposa[s that cumulatively do not exceed the
: � Development Envelope established by the EIS, as shown in the City
. _ Center Summary Development table below:
Cit Center Summa Develo ment Table
Uses Develo ment Envelo e
Retail � 750,000 sf
Office 350.000 sf
Lad in � 600 rooms
Residential 750 uaits �
Civic 500,000
Structured Parkin 750 stalls
If proposed p}ans significantly change the location of uses in a manner that
would alter the environmental determinations of�the EIS, additional SEPA
review may be required. Additional environmental Feview may be
conducted as an addendum or supplement to the Planned Action EIS.
Shifting the total build-out af development among uses may be permitted
so long as the totaI build-out does not exceed the aggregate amount of
deveIopment, trip generation and parking thresholds reviewed in the EIS
and so long as the irnpacts of that development }�ave been identified and
mitigated in the EIS and Mitigation Document.
. 3. The project is located within the Ptanned Action Area.
Y. - ' _ ' ' -
_ � � � ' ' �
Ordi�ance No. 07- Sy7
Page 3
22
4. Transportation
i. Vehicle Trip Ranges. The ranges of vehicle trips reviewed in the
EIS are as follows:
Planned Action Tri Thresholds
Time Period Tot
AM Peak Nour 1
Saturda Peak Hour i
PM Peak Hour 2
Planned
Trip Threshoids 2010-2014
Time Period • Total Trips
AM Peak Hour 919-1,073
iturday Peak Hour
PM Peak Hour
-The EIS conc�ucted quantitative analysis o� a per-intersection basis of impacts and
• m_itigation through 2009 (or the equivalent time, based on the cumulative totals of
projected vehicle trips). EIS analysis of 2010-2014 veh-icle trips was performed more
qualitatively and may require additional environmental review to quantitatively
analyze potential transportation impacts and mitigation measures, as detennined by
the SEPA Official, in consultation with the Public Works Director.
ii. Tr�p Threshold. Proposed development that would result in a
c�unulative total of trips that exceeds the maximum trip levels
shown above would not qualify as a Planned Action.
iii. Public Works Discretion. The Public Works Director shall have
discretion to determine incremental and total trip generation,
consistent with the Institute of Traffic Engineers (ITE) General
Manual (latest ed.), for each Planned Action project permit
application proposed under ihis Planned Action.
5. Elements of the Environment Anatyzed in the EIS. A project that would
result in a significant change in impacts to any of the elements of the
environment identified in the EIS would not qualify as a P}anned Action.
6. Time Horizon. The PIanned Action designataon is intended to be
applicable until all developrnent shown in the City Center Summary
Ordinance No. 07- S��
Page 4
2009
727
23
Development Table (Subsection 3.C2) is constructed or until 2014,
whichever occurs first. In addition, should environmental conditions
significantly change from those analyzed in the EIS, the City's SEPA
Official may determine that the Planned Action designation is no longer
applicable unless additional, supplementary environmental review is
conducted, regardless of the date.
D. Planned Action Review Criteria
l. Uses and acriviries described in the EIS, sub}ect to the qual.ificarions
described in Section 3.0 and the mitigation measures �in Exhibit B, may be
designated planned actions pursuant to 43.21C.03I RCW.
2. The SEPA Official or designee is authorized to designate a project '.-
application as a Planned Action pursuant to RCW 43.21 C.031(2xa), if the
project meets all of the following conditions: _
a} The praject is not o.therwise exempt from SEPA;
b) The project is consistent with the City of Federal Way
Comprehensive Plan adopted under RCW 36.70A; and
c) The project is subsequent to or is implementing a project which
has had its significant adverse environmental impacts that have
been adequately identified in the EIS; and
d) The project falls within the Planned Action qualifications
identified in Section 3.0 of this Ordinance; and
e) The SEPA Official has determined that the projecYs adverse
impacts aze abte to be mitigated through the apptication and/or
incIasion of mitigation measures detailed in the Mitigation
Document in Exhibit B, as well as other applicable City, county,
state, and federal requirements and conditions, which together
constitute sufficient mitigation for the significant environmental
impacts associated with the proposed project; and
fl The proposed project complies with all appiicable local, county,
state, and federal regu}ations, and where appropriate, the proposed
project complies with needed variances or modifications or other
special permits have been identified; and
g) T'he proposed project is not an essential public facility.
Ordinance No. 07 g�/'7
Page 5
24
E. Effect of Planned Action
1. Upon designation by the SEFA Official that the development proposal
within the Planned Action Area qualifies as a Planned Action pursuant to
this Ordinance and WAC 197-11-172, the project shall not be subject to a
SEPA tlireshold determination, an environmental impact statement (EIS),
SEPA appeal or any other additional review under SEPA.
�. - 2. Being designated as a Planned Action or Planned Action Project means
-- that a proposed project has been reviewed in accordance w�th this
'�� Ordinance and found to be consistent with the development parameters
and environmental analysis inciuded in the EIS.
" 3. Pianned Action projects will not be subject to further procedural review
under SEPA. However, as stated under 3.D.2( fl above, in order t� qualify
as planned actions, these projects will have incorporated mitigating .
. measures identified in the City Center.Planned Action EIS, as outlined in
this document and the attached Exhibit B, which aze designed to mitigate .�
.'� � environmental impacts resulting from the project proposal. Additionally, -
�• pmjects will be subject to applicable City state and federal regulatory �
. requirements. The Planned Action designation shall not exempt a project
�� . from meeting the City's code and ordinance requirements apart from the
� SEPA process.
F. Planned Action Permit Process. The Director of Community Development
Services or designee shall review projects and determine whether they meet the
criteria as Planned Actions under applicable state, federal, and local laws,
regulations, cades and ordinances. The review procedure shall consist, at a
minimum, of the following:
Development applications will meet the requirements of Federal Way City
Code Chapters S, 13, 15, 16, I 8, 19 and 22. Applications shall be made on
forms provided by the City and shall include a Planned Action Checklist
or such other project review forms provided by the Community
Development, Building, and Public Works departments. The checklist
may be incorporated into the form of an application.
2. The Director of Community Development Services will determine
whett�er the application is complete as provided in Federal Way City.Code
Chapter 22-33.
3. After the City receives and reviews a complete application, the SEPA
Official sha�l determine, utilizing the criteria and procedures contained in
Section 3.D and WAC 197-11- I 72, whether the project qualifies as a
Planned Action. If the project does qualify as a Planned Action, the
Ordinance No. 07- sy�
Page 6
25
_�_
Director of Community Development Services shall notify the applicant,
and the project shall proceed in accordance with the appropriate permit
procedures, except that no additional SEPA review, threshold
determination or EIS will be required.
4. For projects that quaiify as Planned Actions, public notice shall be
provided as specified�in �WCC 18.76 (c).
5. If a project is determined not to be a Planned Action, the Director of
Community Devetop.ment Services shalI notify the applicant and prescribe
• a SEPA review procedure consistent with the City SEPA procedures and
-.,. __. state laws. The notice to the applicant shall describe the� elements of the
application that result i.n disqualification as a Planned Action.
. : 6. Projects disqualified as a Planned Action may use or incorpora.te relevant
.. .� elements of the environmental review analysis in the EIS prepared for the -
�� ' Planned Action, as.well as �other environmental review documents to assist ...
.. : in meering SEPA requizements. The SEP� Official may choose to limit
� .� .� the scope of the SEFA review to those issues and �environmental impacts
.�_ •. not previously addressed in the EIS. � �
- S�ection 4 Planned Action Area Monitoring. The Planned Action Ordinance shall
be reviewed periodically by the Director of Community Development Services to
determine its continuing validity with respect to the environmental conditions of the
project area and vicinity and appiicability of planned action requirements, including a
review prior to the end of 2009 to ensure continued applicability of the xrar►sportation
analysis and impacts. Based upon this review, this Ordinance may be amended as
needed, and another review period may be specified.
Section 5 Coaflict. In the event of a conflict between the Ordnance or•any
mitigation measures imposed pursuant thereto and any ordinance or regulation of the
City, the provisions of this Ordinance sha1l control.
Section 6 Severability. Shauld any section, sentence, clause or phrase of this
ordinance or the amendments to the Federal Way Munictpat Code adopted hereby should
be held to be invalid or unconstitufional by a court of competent jurisdiction, such
invalidity or unconstitutionality shail not affect the validity or constitutionality of any
other section, sentence, clause or phrase of this ordinance.
Section 7 Effective Date. This ordinance shall be i_n full force and effect five (5}
days from and after its passage and publicati.on as provided by taw.
Ordinance Na 07- S�'1
Page 7
26
PASSED by the City CounciI of the Ciry of Federal Way at a regular meeting of the City
Counci3 on the � day of � , 200?_
d
APPROVED:
� � �
✓ ayor, Mike arl
. . 'ATTES'I': • . • �.
' ✓/� /�/� . .
• � Clerk, Laura Hath ay, CMC . . .
�►Pf'�tOVED AS TO FORM: " ' '
,' G�i ` "` c . .
City Attomey, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNICIL:
�LISHED:
EFFEGTIV E DATE:
ORDMANCE NO:
Ordinance No. 07- Sy��
Page 8
�/�07
T •
d
���07
�i o7
(�'SY�
27
28
' .``. ^ jones � Stokes �""��`� �`
. : ;:�
Federat Way City Center Planned Action Area
Exhibit B
Pfanned Action Mitigation Document
The State Environmental FoIicy Act (SEPA) requires environmental review for project and non-
project proposats that may have adverse impacts upon the environment.
In order to meet S�PA requirements, the City of Federal Way issued the Draft City Center
Pfanned Action Environmental Impact Statement on June 26, 2006, and Final Environmental
Impact Statement on September 8, 2006. . The Draft Environmental Impact Statement and the
Final Supplemental Enviror�mentaI Impact Statement are referenced collectively herein as the
"EIS". The EIS has identified probable; signifcant impacts that would occur with the futnre
devetopment of the Planned Action area, together with a number of potentia] measures to mitigate
those significant impacts.� � � .
The purpose of this Mitigation Document is to es�ablish specific mitigation measures, based upon
significant impacts identified in the EIS. The mirigation measures wouId appTy to future
development proposals which are consistent with the Planned Action development envelope
reviewed in the EIS, and which are located �within tlie Planned Action area (see Exhibit A).
USE OF TERMS �
As several similar terms are utilized in this Mitigation DocumenE, the following phrases or words
are defined briefly:
SEPA Terms
The discussion or mitigation measures may refer to the words action, proposed action, or
proposal, and for reference these terms are identified below.
■ "Action" means projects or programs financed, ticensed, regulated, conducted or
approved by an Agency. "Project actions" involve decisions on a specific project such as
a construction or management activity for a defined geographic area. "Non-projecY'
actions involve decisions about policies, plans or programs. (see WAC 197-11-704}
■"Planned Action" refers to types of project actions that are designated by ordinance for a
specific geographic area and addressed in an EIS, in conjunction with a comprehensive -
plan or subazea plan, a fully contained community, a master planned resort, a rr�ster
planned development or phased project. (see WAC 197-11-164)
• "Proposat" means a proposed action that may be an action and regulatory decision of an
agency, or any action proposed by applicants_ (see WAC 197-11-784)
Other Terms -
The Planned Action area may be referred to as the City Center Planned Action area, groject site,
or project area in this document.
General Interpretation •
Where a mitigation measure includes the words "shail" or "will," inclusion of that measure is
mandatory in order to qualify a project as a Planned Action. Where "should" or "would" appear,
29
the m�tigation measure may be considered by the project applicant as a source of additional
mitigation, as feasible or necessary, to ensure that a project qualify as a Planned Action and/or to
reduce transportation mitigation impact fees_
Unless stated speeifically otherwise, the mitigation measures that require preparation of plans,
conduct of studies, con�truction of improvements, conduct of maintenance activities, etc., are the
responsibility of the appticant or designee to fund and/or perform.
DEVELOPMENT PROPOSED UNDER THE PLANNED ACTION
The proposal reviewed in the EIS included designation of a portion of the City Center as a
Planned Action area for the purposes of State Environmentai PolicX Act (SEPA) compliance,
pursuant to RCW 43.21C.431(2)(a) and WAC 197. The planned aetion designation
applies lo construction of proposed residential, xetail, office, hotel, civic and structt�red pazlci�g
development falling within the development envelope and project area analyzed in this EIS. The
planned action project area is shown in Exhibit A. The total development envelope analyzed in
this EIS is summarized below. �
Planned Action Devel
Retail r 75U,0� sf
pffice � 350,000 sf
600 rooms
Residentiai � 750 units
Civia 10U,000 sf
�red Parkina 750 Stal{5
The planned action designation would apply to development that occurs through 2414. However,
the quantitative transportation analysis applies only to the portion of the total development
envetope that was projected to occur by the end of 2009.
Planned Action Vehicle Trips — 2009
Time Period I Total
Peak Hour
PM Peak Hour
MITIGAT{ON
Based on the EIS, which is incorporated by reterence, this Mitigation Document summarizes
significant adverse environmental impacts that are anticipated to occur in conjunction with the
development of planned action projects. Mitigation measwes, identified in the EIS, are reiterated
here for inctusion in conjunction w+ith proposed projects to mitigate related impacts and to qualify
as Planned Action projects,
Pianned Action Mitigation �ocument
Page 2 of 8
30
Consistency review under t}ie Planned Action, site plan review, and other permit approvals will
be required for specific development actions under the Proposed Action pursuant to WAC 19?-
11-172 and FWCC 18-76. Additional project conditions may be imposed on planned action
projects based upon the analysis of the proposal in reiationship to independent requirements of
the City, state or federal requirements or review.criteria_
Any appIicant for a pro}ect within the Planned Action area may propose altemative mitigation
measures, if appropriate and/or as a result of changed circumstances, in order to allow an
'' . equivalent substitute mitigation for identified impacts. Such modif cations would be eva}uated by
., the City SEPA Official prior to any project approvals by the Ciry.
�. �� . , As p�rn�itted by WAC 197-11-660, it is recognized that there may be some adverse impacts that
� �are unavoidabte because reasonabie or feasible mitigation cannot be achieved for the proposal.
Provided below for each element of the environment analyzed in the EIS for the proposal azea are .
the following: (]) a summary of the E1S analysis of significanE environmental impacts; and (2)
mitigation measures identified in the EIS.
In combination, regulations applicable to � each el"ement of the environment and mitigation
measures identified in the EIS and documented in this Mitigation Document that are applied to
any ptanned action proposal and will adequately mitigate aIl significarst environmental impacts
associated with planned action proposals, . except for � those impacts that are identified as
"significant unavoidable adverse impacts."
ENVIRONMENTAL IMPACTS AND MITIGATtON MEASURES
Chapter 3 of the Draft EIS identifies stgnificant irrrpacts, unavoidable adverse impacts and
mitigation measures forpotential impacts associated with air quality, land use, aesthetics, light
and glare, transportation, public services and utilities. Please refer to the Draft and Final EIS for
complete text associated with each element of the environment. The foilowing is a summary of
the mitigation measures applicable to impacts on each element of the environment identified in
the EIS.
Air Quality
Mitigation Measures
Short Term
Construction activitees related to developmenE approved under the Planned Action Designarion
could generate fugitive dust, which could be mitigated using the following best management
practices
� Use water sprays or other non-toxic dust controI methods on unpaved roadways.
■ Minimize vehicle speed while traveling on unpaved surfaces_
• Prevent track-out of mud onto public sU
■ Cover soil piles when practicai.
■ To the extent pracrical, minimize work during periods of high winds.
Planned Action Mitigation Document
Page 3 of 8
31
Burning of slash or demolition debns is not permitted without express approval from PSCAA_
No slash buming is anticipated for any constn�ction projects in the City Center.
Mobiie construction equipment and portable stationary engines would emit air pollutan[s
including NOx, CO, and PM10. These emissions.would be ternporary and localized_ It is highly
unlikely that the temporary emissions would cause ambient concentrations at adjoining parcets to
_� approach. the NAAQS limits. Typical mitigation measures to minimize air quality and odor
issues .caused by tailpipe emissions include the foltowing:
• Maintain the engines of construction equipment according to manufacturers' specifications.
• Minimize idling of equipment while the equipment is not in use.
. � . . Long
No additional mitigation required_
�Cand Use
Mitigation Measures .
The of Federal Way existing Comprehensive Plari, development regulations and Community
Design Guictelines provide policics, proccsscs, standards and requirements that would mitigate - -
most identifed impacts. In particular, exisiing development standards atong the edges of the .
Planned Action area appear to be adequate to allow for a compatible transition from more ��
intensive to less intensive uses. -
Aesthetics, Light and Glare
lWitigation Measures
Continued use of the City's Commanity Design Guidetines and review/approval process to
monitor and rriitigate potential impacts associated with light and glare, shadows, and aesthetic
impacts resulting from new development, including structured parking.
• �ncreased building height for multi-unit structures in the City Center Core zone would be
permitted anly with review through the City's design review and public benefits review
processes, as set forth in the Community Design Guitlelines. •
• Monitor shade conditions as development occurs and amend the City's Communiry Design
Guidelines to require site-specific analysis of shadows on public places, as needed.
Pubiic Services
Mitigation Measures
Impacts to public services from development under the planned action designation would not be
significant_ However, measures can be taken to prevent or further minimize environmental
consequences to public services. Recommended mitigafing measures include:
Coordinate with Federal Way Police and Fire Departments during finai design, construction,
and operation of future development under proposed action to ensare that reliable emergency
access is maintained. ,
Coordinate with the Federal Way Parks and Recreation Department to identify opportunities
for increased recreational open space for general public use throughout the project area, and
within new development proposals_
Reduce public safety impaets throvgh adherence to CPTED design standards.
Planrted Action Mitigation Document
Page 4 af 8
32
• Provide emergency service providers with advanced notice of construction schedules and any
planned street closures or bIockages.
� Avoid or minimize sFreet closures or blockages during construction to avoid impact to
emergency response times.
Utilltl@S
Mitigation Measures
Water and Sanitary Sewer Service _
• Ensure that all new developmen.t complies with local, state and .federal standards for energy �
canservation.
� Encourage drought-tolerant landscaping (xeriscaping} for new development. --
� Encourage new commercial, civic and residential development to incotporate appropriate
water conservation measures, such as recycling, into their operations_
Uriliries -
• Plan with service providers to minimize impacfs of utility relocations (equipment .
`.proc�ue�nent times, relocate in advance of construction, etc.)
•� Inform utilrty customers of any planned temporary service disTUptions. . •
• Coordinate with all utility companies, on the desigri of the new services and hookups for the .� .
proposed acdon. . -
Transportation
Mitigation Measures � -
Off-Site Mitigation
PM Peak Hour Impacts —
� The E1S analysis ind�icates that transpartation improvement projects already contained in the
- City's adopted Transportation Improvemeni Plan woutd provide the majority of the mitigation for
the traffic impacts anticipated during the PM Peak Hour. Two additional pro were identified,
as follows: �
Peak Hoar
Intersection � Improvement
S 312 St b Pacific Hwy S � Add 2nd no�thbound left turn
S 336 St & Pacific Hwy S OpGmize siqflat bminq
In order to ensure that the TTP and these two additional pro}ects be compteted and provide the
mitigation contemplated in the EIS, applicants for tndividuat development projects sha11 make
financiai contributions to the total cost of these projects on� a pro-rata basis, calc�lated by
determining each projecYs PM Peak Hour vehicle trips generated, consistent with the Institute of
Traffic Engineers (ITE) General Manual (latest edition) and Public Works Department Director
discretion. A per-trip mitigation fee shall be applicable to each PM Peak Hour trip estimated in
this manner. �
The total cost per PM vehicle trip (including both TIP projects and these two additional projects)
would be $2,827.00.
Planned Action Mitigation Dacument
Page 5 of 8
33
-�
��
�
AM Peak Hour -- No additional mitigation is required for the AM peak hour.
Saturday Peak Hour— No additional mitigation is required for the Saturday peak hour.
Additiona[Mitigation Measures
Additional mitigation may be applicable to individual development applications within the
planned action area in order to reduce vehicle trip generation, improve on-site circutation, and/or
to meet City and State requirements for Commute Trip Reduction and Transportation Demand
Management. Actions to be considered include:
O,�-site in�provements — Driveway and circulation actions to minimize impacts on area roadways. � .. -
Actions may include management of access points, traffic controt :ineasures, construction of ..
intemal roadways, pedestrian and bicycle improvements, �and connections to adjacent .
developrnents. _
Non-Motorized mode improvenients — Mirigation may be included with development proposals �.
to address pedestrian, bicycle, and transit improvements to support the plans, policies, and goals •.
as noted within the City of Federal Way Comprehensive Plan �Ciry Center Element (2002,
Chapter 7) and Transportation Elemen�t (2003, Chapter 3). � - . .. ,•
Crid Roadway Development — Part of the City Center Plan is to develop a nurrcber of internal
roadways to creafe smaller bIocks that will improve the grid network and improve the access for
pedestrians and vehicles. Right-of-way dedication and street improvements shali be a component
of the development submittal phase of a proposed project within the project area. Roadways
within the project area must meet specific "City Center" design standards as specified in the
Transportation Element (Chapter 3) of the City of Federal Way Comprehensive Plan (2003
revision, Figure III-3)
Right-of-way �dening Through Dedication — Property dedication to facilitate road widening
and frontage improvements may be required in conjunction with proposed developments.
Roadways within the project area must rneet specific "City Center" design standards as specified
in the Transportation Element (Chapter 3) of the Ciry of Federal Way Comprehensive Plan (2003
revision, Figure III-3).
Transportation Demand Management (TDMj — TDR�I measures can be used to reduce the
impacts of a project action. These measures may inclvde provision of transit passes to tenants
and employees, ridesharing programs, priority carpool parking, and guaranteed ride home
programs. TDM actions are designed to primarily address commute trips and may not be
applicable as mitigation for all developrnents.
Table III-13 (page 60) of the City ofFederal Way Comprehensive Plan (2003 revision, Chapter 3,
Transportation Element} stratifies various TDM alternatives by their functional grouping and
potential effectiveness, implementation difficulties, and expected cost effectiveness. These
strategies include: Telecommuting, Parking Pricing and Subsidy Removal, Compressed Work
Week, Employer-Based Management, and Parking Supply Strategies.
Based upon the above, the following are a list of mitigation measures that can be considered in
conjunction with individual development projects within the project area:
Planned Action Mitigation Document
Page 6 of 8
34
2. Expansion of the CTR Program to employers of less than t00 employees. The encouragement
by employers may include sulisidized bus passes, car pool space priority, bike racks, shower
facilities, van pools, car pool ir►€ormation access, teIecommuting, variable work hours, etc_
2. Formation and expansion of area-wide ride-sharing programs. Such programs operate with
little direct cost to the City and are highIy cost-effective_
3. Enhancement of Park and Ride facilities and transit centers to svpplement the regional '
systerri, either directiy through physical development or enhancements or indirectly through .
development conditions where employer vans- are required to shuttle employees to Park and
Ride facilities or transit centers. .
4. Enhancements to the HOV System. Facilitate enhancements and/or connectivity to the HOV
''' system. This may include such things as accommodations for transit stops, bus pull-outs, ,
��-pedestrian pathways that lead to HbV access points, efc. _
5. Achieve densities and mix of uses to support public tranisportation, decrease 4r►P Seneration
and parking impacts.
6. - Provide faciIities (shelters, loading spaces, etc.) to accommodate City Center shuttle service
in association with developtnent projects, together with enhanced pedestrian and bicycle
�access and security. � .� , _ . �
7. Improve pedestrian and bicycle access to bus routes arid transit centers.
Neighborhood Traffic Control — Development within the project area may to include actions to
reduce the impacts of cut-through traffic on res ea n controlss traffic cement�an p� ng
control actions include: turn restrictions, spe
restrictions. .
Parking = Mitigating measures can be �included that redoce a project's demand for parking_
Examples include shared parking, employee parking programs, parking time restrictions, paid
parking programs. For example, an office building with an 8 AM to 5 PM demand deman sc�ay �
parking with evening dominated uses such as. restaurants, or a cinema. R P�b otential for joint
which shows the hourly parking demand profiles for adjacent uses and the p
parking opportunities within a mixed-use development, can be vsed to reduce the number of
parking spaces.
Reduction of Mitigation Fee Costs through Alternative Measures -- In order to reduce the total
numbers of peak-hour vehicle trips and, thereby, reduce mitigation costs, de'velopment
applications may propose for City approval various altemative measvres, as detailed below. In
addition, many of these measures may be employed to support af the City of Federal Way and
state Commute Trip Reduction (CTR) requirements.
Measures to Support Alternative Modes
The measures listed below are avail�bie optioras to help reduce pazking requirements and/or trip
generation for specific Planned Action proposals. At the City's discretion, or as proposed by a
project applicant, use of the a2ternative-mode support measures may allow for reductions in
required parking or vehicle trip generation.
Area-wide Ride matching Services May result in a O.I — 3.5% reduction in vehicle mites
traveled (VMT) and an up to 2.5% VM'I' reduetion in transit services. Reductions in parking
required may be calcnlated on the basis of these lower trip generation rates.
Planned Action Mitigation Document
Page 7 of 8
35
Vanpool Service -- May result in an up to 8_3% commute VMT reduction, as well as a
reduct�on in transit and vanpoo} fares up to 2.5%. Reductions in parking required may be
calcnlated on the basis of these lower h generation rates.
Non-Motorized Modes plan and implementation -- 0.2% regional VMT reduction. �
Reductions in parking required may be calculated on the basis of these lower trip generat►on rates_
HOV Facilities — May result in an up to 1.5% VMT reduction and 0.2% vehicle trip
reduction. Reductions in parking required may be calculated on the basis of these lower trip
generation rates. � '
On site development Park and Ride — May resuIt in up to 0.5% VMT reduction. �
Reductions in parking required may be calcnlate�l on the basis of these lower trip generation rates.
Employer-Based TDM Measures '� �
Parlizng� mitigation — Monetary incentives may result in an 8-18% trip reduction at site.
Reductions in parking required may be calculated on the basis of these lower trip generation rates.
' Alternative Work Schedules — May result in up to a 1% regional VMT reduction. .
� Redu�tions in parking required may be calculated on the basis of these lower trip generation rates.
Commute Support Programs — May result in up to 0.1 to 2% regional VMT reduction. Reductions
in parkmg required may be calculated on the basis of these lower trip generation rates. �
�� P�rking Management -- May resuIi in up to 20 — 30% reduction in SOV tnps to/from the site.
Reductior�s in parking required may be calculated on the basis of these lower erip generation rates.
Telecommuting — Up to 10% commute VMT reduction. Reductions in parking required may be
calcutated on the basis of these lower tr�ip generation rates_
Other Strategies .
Development Parking Impsct Mitigation j Payment af parking-mitigation funds towards long-
term investments in structured parking solurions in Iieu of full parking requirement_ (Note: Wovld
require City Council approval of Code provisions to atlow for payment-in-lieu mechanism.)
Reductions in parkin.g required may be calcutated on the basis of these lower trip-generation
rates.
Mixed Land Use/Jobs Housing Balance — May result in VMT reductions of up to 10%. Parking
stall credit is given based on overlapping shared usage of mixed facility, per City Code
provisions.
Transit-Oriented and Pedestrian Friendly Design — Site and building design that encourages
transit usage andJor walking may reduce overall parking requirement. Requires design review
and staff approvaL
Employment Center Density — Achievement of sufficient density within the City Center to
constitute a regional employment center may reduce SOV work trips to individu�l development
projects by up to 50%. Parking stall reductions may also appty to developments.
Other Parking Management Plans — May xnitigate 1 to 5% region-wide VMT, provided
enforcement issues are addressed in mitigation plans.
Planned Action Mitigation Document
Page 8 of 8
36
, � ; ' .:;: i:�:w��';z.. ; ,. ,
����x �� `::<>`'r<.. ,:<>t:<.��A>.:>
� �
DEPARTiVIENT OF CObTVTL�YITY DE�'EL4PIVIENT SERYICES
333?5 ��' Avenue South
Po s�,x �»�x
Federal Way WA 98063-9718
www. cityoffederalway. cc�m
Addendum No. 2 to the 2006 City of Federal Way
City Cenfer Pianrted Action Fincrl Environmento! lmpact Statement (EtS)
Name of Proposal: City Center Planned Acrion EIS: Map Boundary Addenctum
Descriptian of Proposal: Amendments to the above-referenced EIS to modify the boundary of the
Planned Acrion area to add the area represented by Transportation
Analysis Zone (TAZ) 1068.
The Final EIS became effective September 8, 2006.
Addendum No. 1 was issued on February 8, 2008.
Description of Addendum No. 2
This addenclum modifies the boundary of the area within the City Center Plaamed Action EIS. The
boundary modification is necessary to accoYrnnodate anticipated riuxed use develapment, within the
planned acrion area. The area being added to the planned acrion area is within the City Center-Core
zoning district and shares characteristics with the properties originally designated as the planned action
area. Subsequent to the adoption of the Ciry Center Planned Action EIS, improvements within the area
being added by this addendum were demolished, opening up potential for redevelopment consistent with
that envisioned by the planned action. The axea being added to the planned action area is coincident with
transportarion analysis zone (TAZ) number 1068. Its boundaries are: South 312`� Street to the north;
South 320�' Street to the south; 23` Avenue South to the west; and the eastern boundary is roughly in
alignment with 25`� Avenue South;
The above noted change does not alter assumprions contained within the EIS with regard to traffic
impacts or other environmental impacts. Minor changes in disclosed impacts may result; however, no new
or substantially different significant adverse impacts are anticipated to any of the elements of the
environment discussed in the EIS.
If you have any questions regarding this Addendtur�, please contact Senior Planner Janet Shull at 253-
835-2644, or janet.shull@ciryoffederalway.com
This Addendum No. 2 is issued on the 2" of Apri12010.
eg Fewins, Federal Way SEPA Official
Attachment: Modified Planned Action Boundary Map
Fik #10.100852-00-SE
Dce. i D. 5332
37
City of
Federal Way
City Center Planned
Action Area
Legend
� Existing City Center
Planned Action Area
� Amendment to the
,r Planned Action Area
0 1/4 1/2 �
N
Mile
Vicinity Map
Map Date: March 2010
City of Federal Way
GIS Division
P.O. Box 9718
33325 8th Ave S
Federal Way, WA. 98063-9718
(P) (253) 835-7000
(V1� www.cityoffederalway.com
CITY OF
Federal Way
' rnis man is intended for use as a araphical retNesentetion only. The City of Federel Way make ►ro warranry as to �ts accuracy.
COUNCIL MEETING DATE: May 4, 2010
_ _ _ __ _ _ _ __ _
AGENDA BILL
SUBJECT: Amendments to Federa! Way Revised Code (FWRC) Title 19, "Zoning and Development Code," related to the timing
of payments for open space fee-in-lieu, regional stormwater facility fee-in-lieu and transportation impact fee.
POLICY QUESTIONS: (1)Should the City codify its existing open space fee-in-lieu collection policy and adopt a new policy
providing the option to defer open space fee-in-lieu payments to a date later in the development process; (2) should the City amend its
regulations to provide the option to pay transportation impact fees earlier in development process; and (3) should the city codify the
administrative policy of regional stormwater facility fee-in-lieu payment at final plat recording for residential land divisions and at
building permit issuance for commercial and multi-family developments?
CITY OF FEDERAL WAY
CITY COUNCIL
ITEM #:
__ _ __... _ __
COMMITTEE Land Use/Transportation Corrunittee (LiJTC)
CATEGORY:
❑ Consent
❑ City Council Business
►/
■'
Ordinance
Resolution
STAFF REPORT BY: Matthew Herrera, Associate Planner
MEETING DATE: April 19, 2010
❑ Public Hearing
❑ Other
DEp'r: Community Development Services
Exhibits: Exhibit I- Draft Adoption Ordinance; Exhibit II - Minutes for February 1, 2010, December 7, 2009, anc� November 16, 2009
LUTC Meeting; E�chibit III - Abbreviated Packets for December 7, 2009, and November 16, 2009 LUTC Meeting; Extribit N-
Planning Commission Staff Report & Minutes for January 6, 2010, Public Hearing.
Background: The proposed policy issue is part of the 2009 Planning Commission Work Program. The Planning Commission held two
public hearings on October 7, 2009, and January 6, 2010 at which time staff presented the following three options for timing of
collection of open space fee-in-lieu and regional stonnwater fees: (a) Maintain the current collection policy of payment prior to plat
recording for open space fee-in-lieu and engineering approval for regional stormwater facility fees; or (b) Defer one or both fees to
Certificate of Occupancy; or (c) Defer one or both fees to point of sale. The Planning Cominission recommended 5-0 on October 7,
2009, and 7-0 on January 6, 2010, to (a) maintain the current collection policy (Exhibit III page 19 and Exhibit IV page 4).
The LUTC held three public meetings on November 16, 2009, December 7, 2009, and February 1, 2010, to discuss the proposed
amendment. During the November 16th meeting, the committee heard public testimony from Sam Pace of the Association of King
County Realtors supporting the deferment of the regional stormwater facility fee. The committee requested written comments from Mr.
Pace and Garrett Huffinan of the Master Builders Association to be presented at the following LUTC meeting. Staffpresented the
written comments (Exhibit III pages 26 through 29) to LUTC for the December 7th meeting and heard additional verbal testimony from
Mr. Pace. The cominittee referred the item back to Planning Commission for fiirther proceedings. During the February 1, 2010, LUTC
meeting, the comtnittee instructed staff, Mr. Huffinnan and Mr. Pace to schedule a conference to further discuss the issue.
Options Considered: 1) Adopt the Planning Commission's recommendation; 2) Adopt the Planning Commission's recommendation as
modified by the LUTC as contained in the Adoption Ordinance, iExhibit�; or 3)_Do_not_ado�t the_proposed amendments.
PLANNING COMMISSION RECOMMENDATION: Ophon #1 maintain the current collection policy for open space and stormwater fees.
STAFF RECOMMENDATION Option #2; adopt the Planning Commission's recommendation, as modified by the LUTC, as contained in
the Draft Adoption Ordinance (Exhibit I)
CITY MANAGER APPROVAL: I� � y 1� �� DIRECTOR APPROVAL:
Committee Council o 'tt Council
COMMTTTEE RECOMMENDATION: Forward Ophon #2 adopt the Planning Commission's recommendation, as modified by the LUTC
to the full Council on May 4, 2010, for first reading
Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Member _
PROPOSED COUNCIL MOTIO�Y(S):
1ST READING OF ORDINANCE �S/4/lO� "I move to forward the ordinance to a second reading for enactment on the May 18, 2010,
consent agenda. "
2 READING OF ORDINANCE (5/1 H/1 O� "1 move approval of the LUTC's recommendation to approve the code amendments, which are
contained in the Adoption Ordinance. " _
Continued on �'ollowing page:
(BELOW TO BE COMPLETED BYCITYCLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED l reading
❑ TABLEDlDEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READINC (ordi�iances only) ORDINANCE #
REVISED - 02/06/2006 RESOLUTION #
40
Exhibit I
Draft Adoption Ordinance
41
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to fee payments; amending FWRC 19.91.060; FWRC 19.100.030;
FWRC 19.100.060; and adding new section FWRC 19.100.070.
(Amending Ordinance Nos. 90-39 and 09-627)
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal
Way Revised Code (FWRC), "Zoning and Development Code," in arder to conform to state and
federal law, codify administrative practices, clarify and update zoning regulations as deemed
necessary, and improve the efficiency of the regulations and the development review process;
and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to
chapter 1935 FWRC; and
WHEREAS, the existing methods of mitigation ordinance does not address the current
administrative policy for the timing of open space fee-in-lieu and regional stormwater facility fee
within the City of Federal Way; and
WHEREAS, it is in the public interest for the City Council to codify the current
administrative policy of payment prior to plat recording for open space fee-in-lieu and adopting a
new optional deferment policy that allows applicants to defer fee payment until sale of the
constructed home or five years from the deferment of the fee, whichever is earlier; and
WHEREAS, it is in the public interest for the City Council to codify the existing
administrative policy and require payment of the regional stormwater facility fee prior to final
plat for residential land divisions and prior to building permit issuance for commercial and multi-
family development; and
Ordinance No. 10- Page 1 of 9
Rev 1/10 LU
42 EXHI�d� �
PAGE_. 1..--�'�=---
WHEREAS, it is in the public interest for the City Council to allow applicants to pay the
transportation impact fee prior to plat recording for all newly created lots as an alternative to
building permit issuance or point of sale of the constructed home; and
WHEREAS, it is in the public interest for the City Council to add a new section to the
Mitigation of Impacts Chapter of FWRC Title 19 to include the timing of open space fee-in-lieu,
regional stormwater facility fee and transportation impact fee; and
WHEREAS, it is in the public interest for the open space deferment policy that will be
codified as FWRC 19.100.070(1)(b) to sunset five years following the effective date of this
ordinance;and
WHEREAS, an Environmental Threshold Determination was not necessary as the code
amendments are related solely to govemmental procedures, therefore categorically exempt from
the State Environmental Policy Act; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on these code amendments on November 4, 2009, and January 6, 2010, and forwarded a
recommendation of approval to codify the existing practice to the City Council; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council
considered these code amendments on November 16, 2009, December 7, 2009, February 1,
2010, and April 19 2010, and recommended adoption of the text amendments as recommended
by the Planning Commission with further modifications as follows: (1) open space fee-in-lieu
may be deferred at the applicant's discretion; (2) regional stormwater facility fee shall be paid
prior to final plat recording for residential land divisions; (3) for residential land divisions the
transportation impact fee shall be paid prior to plat recording or deferred, via covenant, to point
Ordinance No. 10- Page 2 of 9
Rev 1/10 LU
43 EXHI�IT �
PAGE__�-___0�=
of sale of the constn►cted home; and (4) adding FWRC section 19.100.070 to consolidate timing
of fee payments.
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 additional timing options for applicants to pay
development costs without sacrificing the level of service to existing residents of the City.
(b) These code amendments comply with Chapter 36.70A RCW, Growth
Management.
(c) These code amendments are consistent with the intent and purpose of Title 19
FWRC and will implement and are consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
(d) These code amendments bear a substantial relationship to, and will protect and
not adversely affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the
M�:iIiZ�
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:
Ordinance No. 10- Page 3 of 9
Rev 1/10 LU
44 E����'� �
PAGE�OF °�
(a) The proposed FWRC amendments are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan goals and policies:
LUP6 Conduct regular reviews of development regulations to determine how to improve
upon the permit review process.
CFP1 — Provide needed public facilities and services to implement the Federal Way
Comprehensive Plan.
CFP6 — Protect investments in existing facilities through an appropriate level of
maintenance and operation funding.
CFP13 — Provide the capital facilities needed to serve the future growth anticipated by the
Federal Way Comprehensive Plan.
(b) The proposed FWRC amendment bears a substantial relationship to the public
health, safety, and welfare because it provides assurance that fees owed to the city will be paid
via covenant or lien filed against the property.
(c) The proposed amendment is in the best interest of the public and the residents of
the City of Federal Way because it will provide an economic incentive for developers to invest
within the City without sacrificing current levels of service to the City's roads, open spaces and
regional stormwater facilities.
Section 3. FWRC 19.91.060 is hereby amended to read as follows:
A. The City shall collect impact fees, based on the land use categories and rates on
the current Fee Schedule, from any applicant seeking development pernuts or plat a�proval from
the City where such development activity requires the recordin� of a residential subdivision,
issuance of a building permit or approval for a change in use, except for development exempt
under FWRC 19.91.080. This shall include, but is not limited to, the development of residential,
commercial, retail, office, and industrial land, and includes the expansion of existing uses that
creates a demand for additional system improvements as well as a change in existing use that
creates a demand for additional system improvements. The public works department is
Ordinance No. 10- Page 4 of 9
Rev 1/10 LU
EXH��3a"�" —�'
45 PA�E�O� �
authorized to determine the appropriate land use category found in the rate schedule applies to
the application.
B. All impact fees shall be due and payable pursuant to the �uidelines established in
FWRC 19 100 070(3) -- - ' - �*�, �, •'a• •� � +�. �;'�'° "�,.°r""+ "��,�
+�,o �oo r,.�,oa„�o
�
. ,
��
�
� � a'� ++ D!''\7I1 2� '7(l� i �n ., �:;a a,.+�,o....,;�o +t,e � e �t�..�i �.o
r r �
. �
C. The public works department shall establish the traffic impact fee rate for a land
use that is not listed in the fee schedule. The applicant shall submit all information requested by
the City for purposes of determining the impact fee rate pursuant to FWRC 19.91.070.
D. For a change in use of an existing building or dwelling unit, including any
alteration, expansion, replacement or new accessory building that generate additional trips, the
impact fee shall be the applicable impact fee for the land use category of the new use, less any
impact fee previously paid for the land use category of the prior use. If no impact fee was paid
for the prior use, the impact fee for the new use shall be reduced by an amount equal to the
current impact fee rate of the current use.
E. For mixed use developments, impact fees shall be imposed for the proportionate
share of each land use based on the applicable measurement in the traffic impact fee rates set
forth in the fee schedule.
F. The Department of Community Development Services ��� shall not
record a residential plat or issue the required building permit until a covenant has been recorded
pursuant to FWRC 19.100.070(3)�b), or the traffic impact fees set forth in the fee schedule have
been paid as set forth in the fee schedule or in the amounts that they exceed any credits allowable
under this chapter. For a change in use where a building permit is not required, the applicant
shall not occupy or permit a tenant to occupy the subject property unless and until the impact fee
has been paid.
Section 4. FWRC 19.100.030 is hereby amended to read as follows:
Before any development is given the required approval or is permitted to proceed, the
official or body charged with deciding whether such approval should be given shall determine
direct impacts, if any, that are a consequence of the proposed development and which require
mitigation, considering, but not limited to, the following factors:
(1) Predevelopment versus postdevelopment need for services such as city streets,
sewers, water supplies, drainage and stormwater detention facilities, parks, playgrounds,
Ordinance No. 10- Page S of 9
Rev 1/10 LU
46 EXHI�I1 �
�a�E.�o��
recreational facilities, schools, police services, f re services and other municipal facilities or
services;
(2) Likelihood that a direct impact of a proposed development would require mitigation
due to the cumulative effect of such impact when aggregated with the similar impacts of future
development in the immediate vicinity of the proposed development;
(3) Size, number, condition and proximity of existing facilities to be affected by the
proposed development;
(4) Nature and quantity of capital improvements reasonably necessary to mitigate specific
direct impacts identified as a consequence of the proposed development;
(5) Likelihood that the users of the proposed development will benefit from any
mitigating capital improvements or programs;
(6) Any significant adverse environmental impacts of the proposed development
identified in the process of complying with the environmental policy, FWRC Title 14, or the
State Environmental Policy Act, RCW 43.21 C.O 10 et seq.;
(7) Consistency with the city's comprehensive plan and any of its subparts;
(8) Likelihood of city growth by annexation into areas immediately adjacent to the
proposed development;
(9) Appropriateness of financing necessary capital improvements by means of local
improvement districts;
(10) Whether the designated capital improvement furthers the public health, safety or
general welfare; and
(11) Any other facts deemed by the city to be relevant.
Section 5. FWRC 19.100.060 is hereby amended to read as follows:
(1) The methods of mitigating identified direct impacts required as a condition of any
development approval may include, but are not limited to, dedication of land to any public body,
off-site improvements, on-site improvements, and other capital or noncapital methods that may
effectively reduce direct impacts.
(2) In lieu of a dedication of land or to mitigate a direct impact that has been identified as
a consequence of a proposed development, the city may approve a voluntary payment agreement
with the developer, provided no such agreement shall be required as a condition of approval, and
shall be subject to the following provisions:
(a) The official or body approving development must find that the money offered will
mitigate or is a satisfactory alternative to mitigate the identified direct impact.
(b) The payment shall be held in a reserve account and may only be expended to fund a
capital improvement or program agreed upon by the parties to mitigate the identified direct
impact.
(c) The payment sha11 be expended in all cases within �ulicable
time limitations of RCW Chapter 82.02, unless otherwise agreed to by the developer.
(d) Unless the propertv owner elects to defer pa�nnents authorized in FWRC
19.100.070(1)Lb) or 19.100.070(3)(b), �any payment not expended within ��•° •• ^�
E�r� �plicable time limitations shall be refunded to the property owners of record at the
time of the refund with interest at the rate earned in the city's reserve account applicable at the
Orctinance No. 10- Page 6 of 9
Rev 1/10 LU
EXH��IT �
47 PAGE,�OF �____
time of refiind. lf the payment is not expended within �ii�-e-�s the a�plicable time limitations
due to delay attributable to the developer, the payment shall be refunded without interest.
(e) Property owners entitled to a refund and/or interest under the provisions of this
chapter may voluntarily and in writing waive their right to a refund for specified period of time
in the interest of providing the designated capital improvement or other capital improvement or
program identified by the property owner, and acceptable to the city.
( fl The developer may voluntarily and in writing waive on behalf of the developer and
subsequent purchasers the right to interest and or a refund in order to facilitate completion of an
improvement. Under no condition shall such a waiver be required as a condition of approval.
Such waiver shall be recorded with the county where the property is situated and shall be binding
on subsequent owners.
�3� T,� a , ,• � ,� � < .. � e ;� �;o , „� ,.e�o....,,.:,... ,.� ..,� ,.
r rr � r��'
,
v+.,.,i„o ro,- � o�,.� ,.� �;,,,;�.,,-i., �;a,.,�o,�_
.. r .., i ,.,.,.�.
Section 6. Chapter 19.100 of the Federal Way Revised Code is hereby amended to add a
new section Timing of fee payments to read as follows:
19.100.070 Timing of fee pavments
Various sections of the Federal Way Revised Code (FWRC) require pavment of fees to
miti�ate direct impacts of the development approval Notwithstandin� those fees eli�ible for
deferment pursuant to 19 100 070(1)(b) and 19 100 070(3)(b) the followin� describes when such
fees shall be calculated and paid.
�1) Open space fee-in-lieu
�a) A fee-in-lieu of open space may be made to satisf�pen space requirements at the
discretion of the parks director and shall be calculated and paid at the time of plat recordin� for
resiclential land divisions The fee shall be calculated based upon the square foota�e of open
space which otherwise would have been required to be provided multiplied bv the subiect
propert assessed or appraised value.
(b) For those residential land divisions vested prior to Julv 2 2015 open space fee-in-lieu
mav be deferred but shall be paid no later than the closin� of sale of each individual house or
five years from deferment of the fee whichever is earlier. Covenants prepared bv the citv shall
be recorded at the �nlicant's expense on each lot at the time of plat recordin� to enforce
pavment of deferred fees The fee shall be calculated at the time of plat recording and divided
eQUally among� all newly created lots The fee shall be calculated based upon the square footaQe
of open space which otherwise would have been required to be provided multiplied bv the
subject property's assessed or appraised value As consideration for the ability to defer oven
�ace fee-in-lieu payments be�ond plat recordin� the a�plicant a�rees to waive the riQht to
interest and/or a refund if pavment is not expended within five vears of collection.
�2} Regional stormwater facilitv fee-an-lieu
Developments ma�be able to utilize stormwater detention in one of the citv's re�ional
stormwater facilities based on an area fee-in-lieu established by the City. Fees are used for
Ordinance No. IO- Page 7 of 9
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EXH�t31T �
48 PAGE�_O� �
construction cost recovery and shall be �aid at the time of plat recordin� for residential land
divisions and prior to buildin�permit issuance for commercial and multi-familv developments.
(3) Transportation impact fee
Unless the use of an inde�endent fee calculation has been approved, or unless a
develo�ment a�reement entered into pursuant to RCW 36 70B l 70 provided otherwise, the fee
shall be calculated and paid per the followin�:
�a) For residential land divisions fees shall be calculated and paid at the time of plat
recordi For un _platted sin�le-familv residential lots commercial and multi-familv
developments fees shall be calculated based on the impact fee schedule in effect at the time a
completed buildingpermit application is filed and paid_prior to permit issuance. For a chan�e in
use for which no building�ermit is required the fee shall be calculated and paid based on the
impact fee schedule in effect on the date of an approved chan�e of use.
�b) For residential land divisions and un-�latted single-familv residential lots, the
trans�ortation impact fee may be`deferred but shall be_paid no later than the closinQ of sale of
each individual house Covenants prepared bv the citv to enforce pavment of the deferred fees
shall be recorded at the applicant's expense on each lot at the time of plat recordin� for
residential land divisions and�rior to building�permit issuance for un-platted sin�le-familv
residential lots The fee shall be calculated based on the impact fee schedule in effect on the date
of �avment of the impact fee.
Section 7. 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 8. 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 9. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 10. Effective Date. T'his ordinance shall take effect July 2, 2410 as provided by
law.
Ordinance No. !0- Page 8 of 9
` Rev 1/10 LU
EXHI�tT `
49 PAGE.�O�- � --
PASSED by the City Council of the City of Federal Way this day of
20
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
CITY OF FEDERAL WAY
MAYOR, LIlVDA KOCHMAR
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED V�ITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordanance No. 10- Page 9 of 9
Rev 1/10 LU
5o EXH��IT.�...��.._.-
PAGE � ��=
Exhibit II
LUTC Meeting Minutes
February l, 2010, December 7, 2009, and
November 16, 2009
51
City of Federal Way
City Council
Land Use/Transportation Committee
February 1, 2010 City Hall
5:30 PM City Council Chambers
MEETING SUMMARY
Committee Members in Attendance: Committee Chair Dini Duclos and Committee Members Jim Ferrell and Jack Dovey
present.
Council Members in Attendance: Mayor Linda Kochmar
Staff Members in Attendance: Director of Parks, Public Works and Emergency Management Cary Rce, Deputy Public
Works Director Marwan Salloum, Deputy Public Works Director Ken Miller, Director of Community Development
Services Greg Fewins, Planning Manager Isaac Conlen, Senior Planner Margaret Clark, Associate Planner David Lee,
Associate Planner Matt Herrera, City Attorney Patricia Richardson, Surface Water Manager Will Appleton, Street Systems
Project Engineer John Mulkey, ESA & NPDES Coordinator Hollie Shilley and Administrative Assistant II Darlene
LeMaster.
1. CALL TO ORDER
Committee Chair Duclos called the meeting to order at 5:30 PM.
2. PUBLIC COMMENT
There was no public comment:
3. BUSINESS ITEMS
Forward
Topic TiUe/Description to Council .
A. Approval of the January 4, 2010 LUTC Minutes
Committee approved January �t, 2010 Li;T(", minutes as presented.
Movecl: Ferrell Secondecl: Dovey Passed: UnAnimously, 3-0
N/A
B. Proposed Deferment of Open Space Fee-in-lieu and Regional Stormwater Facility Fee TBD
Matt Herrera presented information on this item. Committee Member Fenell asked if Planning
Commission gave any reason as to why they did not concur with the recommendations of Sam
Pace and Garret Huffman. Mr. Herrera responded that the Planning Commission's main basis
for their recomrnendation was that these are optional. Developers have an option to make
improvements themselves in liea of paying a fee.
Mr. Appleton presented an illustration of the three basins that support the remaining
undeveloped, developable land in response to Committee Member povey's inquiry as to how
many parcels could be affected by these fees. Mr. Appleton also explained that currently,
developers would pay a stormwater facility fee as they receive engineering approval for the
plat ("preliminary plat approval"). Mr. App(eton also noted that if State standards were to
change (ie. NPDES permit), there would be no advantage to paying stormwater facility fees.
The following public comment was received:
Sam Pace, Seattle/King County Assoeiation of Realtors — Mr. Pace wanted to note four
items:
52
EXHIBIT �-
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Land Use/T'ransportation Committee Page ? February l, 2010
- There are benefits to boCh clevelopers aruf the Citv hy clelnying the collection of impact
fees to the point of sale.
- There are no environmental risks nssociated �vrth tfae proposed delay of collection of
impact fees as all the stormwater facilrties are i�i place.
- There were pnrties tlaat would have liked to anend t{ae Plnnr�ing Commission's Jmeuary
6, 2010 public hearing, but either didn't receii�c r:otice of the meeting or found out about
it at the last minute.
- Referencing the stonnwater facility fee beirrg optionnl.... Due to current financial
constraint on clevelopers, improving the srte is not nn option.
Garrett Huffman, Master Builders Assoeiation of King and Snohomish Counties — Mr.
Huffman wanted to make the Committee aware thnt the development industry is facing
di�cult lending times. Banks are not financin� for impnct and mitigation fees. This has
forced developers to look for other ways to pay fees. Mr. Huffman supports and
encot�rnges the Committee to consider (ooking at nll fees nnd giving the developer the
oprion to defer fees to closing of sale. Mr. Huffman offered his services to help the City
draft some options for consideration.
Committee Member povey asked if in this recommendation there is a contingency plan in
place so that the City collects the fees regardless of whether or not the lots/homes are sold.
Mr. Huffman replied that a contingency pian could be worked out. Mr. Huffman encouraged
the Committee to table this topic until six months to one year from now, giving time for all
fees that the developer pays to be reevaluated and hopefully deferred back to the point of sale.
Chair Duclos commented that she wouid like to learn more about why fees at closing did not
work for Pierce County.
D'uector Fewins noted that there is currently nothing in the 2010 work program that would
address the fees collectively. The open space fee-i�-lieu and the stormwater facilities fees are
the last of the fees to be reevaluated. Also, there are currently no new development projects
that would influence Council to make a decision on this right away.
Dave Main, President of the Master Builders Assoeiation — Mr. Main pointed out what
the City will lose if developers choose not to develop in our City. Mr. Main supports fees
to be paid at closing and suggested a lien on tlze title to be disclosed to purehaser with
fees collected at closing of sale or within 24 months of certificate of oecupancy, whichever
happens first. Fees will be built into a horne's purchase price.
Mayor Kochmar commented that she is not sure if Council intends considering a change in
collection of fees for an indefinite period. Council will want to reevaluate collection of fees
again as the economy improves.
Duana Kolovskova, Ltgal Council for Master Builders Assoeiation — Ms. Kolovskova
requested thai staff work with developers to find a way for the City to collect their fees
and developers to be able to afford their projects. Ms. Kolovskova presented a sample
covenant in use by another agency that had been tailored to Federal Way for evaluation.
In regard to eollection of fees at time of closing, Ms. Kolovskova felt that the situadon
with Pierce Co. is different and would noa apply to Federal Way.
Chair Duclos asked staff to set up a committee of staff and developers, to reevaluate fees and
the collection of them, and to return to LUTC in approximately six months for a study session
and to finalize a committee recommendation. Mr. Huffman returned to the podium to request
that LUTC act upon this sooner than six months, suggesting as soon as two weeks from now.
Committee directed staff to meet with individuats associated with land development and
return to LUTC within the next tK�o months far a stud}� session to work out the specifics
regarding this topic.
:�Ioved: Dovey Seconded: Ferrell Passed: Unanimausly, 3-0
G:U.UTCILUTC AgenJas and Summaries 20102-0i-10 Minutes.doc
53 EXHI�IT ►�-�--
PAGE_.�..OF�
Land t',c/Transpurtation Committee Page 3 February I, 2010
C. Amendment to the FWRC to Expand the Size of Heatth Clubs in the BN Zone
D. NPDES Requirements: SWMP and Annual Report 2/16/2010
Will Appleton introduced Hollie Shilley who presented information on this item. There was Consent
no public comment. Ms. Shilley shared that there were 44 IDDE cases in 2009 the majority
consisting of automotive discharge, construction waste, restaurant grease, and leaking
dumpsters. Dan Smith, Water Quality Coordinator, runs the City's IDDE program and is
involved with investigations and citations. There is a trigger or threshold for the state Dept. of
Ecology to get involved. There is also an interagency compliance task force for large spills.
D�vid Lee presented information on this item. There was no public comment. Mr. Lee noted
that all BN zones will be evaluated in 2010 as part of the 2010 Work Plan.
Coinmittee forwarded Option #1, adtfpt the Pl�nni��g C:ommission's recotnrnendatiun as
presented.
Nioved: Uovey Seconded: Ferrell ['assed: Unanimousiy, 3-0
2/16/2010
Ordinance
1 Reading
Mr. Appleton clarified that stormwater sewer system does not combine any sanitary sewer
system with stormwater. The stormwater sewer system only contains surface water.
C�nimittee forr�vacded Option #i as presented.
i�ic►ved: Ferrell Secondecl: Dorey Passed: Unaniniaus2y, 3-0
E.
2009 Easter Lake Flood controlProject — Project Acceptance and Retainage Release
2/16/2010
Consent
F.
G.
H.
Will Appleton presented information on this item. There was no public comment or
discussion.
('.ommittee forwarded Option #1 as presented.
'�lored: Dovey 5econded: Ferrell Passed: Unanimously, 3
Ordinance for the Relinquisbment of a Portion of S 320 St to the State of Waslungton 2/16/2010
John Mulkey presented information on this item. There was no public comment or discussion. Ordinance
1 Reading
Cammittee forwarded Option #1 as presented.
Mo�ed: Dovey Seconded: Ferrell Passed: Unanimously, 3-0
S 348`" St at 1 Ave S— LUD Design Construction Interlocal Agreement
2/16/2010
Consent
John Mulkey presented information on this item. There was no public comment or discussion.
t;ommittee forwarded Option #1 as presented.
1�Zoved: Dovey Seconded: Ferrell
S 348� St at 1� Ave S— PSE Gas Letter of Understanding
Passed: Uz�animously, 3-d
John Mulkey presented information on this item. There was no public comment.
Co�nmittee forwarded Option #1 as presented.
�9oved: �'erreIl Seconded: llovey F'�ssecl: Unanimoasly, 3-0
2/16/2010
Consent
G:U.UTC�LUTC Agen� and Summaries 201012-0t-10 Miwta.�oc �
54 EXHIBIT �
PAGE. 3 ..0��
Land Use(Transpcirtation Committee Page 4 Febn�ary 1, 2010
4. OTHER
Director Roe uddressed the committee, reyuesting the full Council attend the 2/22/2010 LUTC meeting for a
Transportation Level of Service study session.
5. FUTURE MF.ETING
Due to the upcoming holiday, the February 15, 2010 LUTC wiil be cancelled. The next regular LUTC meeting will be
Monday, February 22, 2010 at 5:30 PM in City Council Chambers.
6. ADJOURN
The meeting adjourned at 6:45 PM.
Attest:
Darlene LeMaster, Administrative Assistant II
COMMITTEE APPROVAL:
Dini Duclos, Chair Jim Fenell, Member Jack Dovey, Member
G:V.UI'CILUTC AgenJas a�xl Sumrt�aries 201042-01-10 Mimnes.doc I
55 EXH�lBIT �- '
PACE. `� 0�=.
City of Federat Way
City Council
Land Use/Transportation Committee
December 7. 2009 � City Halt
5:30 PM � City Council Chambers
MEET[NG SUMMARY
Committee Members iu Attendaoce: Committee Chair Lirtda Koctunar and Committee Members J�un Eardl aad Dini
ih�ctos preseAt. .
Coaacii Members in Attendaace: Councitmember Jeanne Burbidge
Staff M�bers in Atteadaece: Director of Parics, Public Works a� Emergency Mae�a$emen� Ca�Y Rce. D�e�ta of
Community Devciopment Services Greg Fewins. Uepury Public Works Director Ma�wan Saltoum, Assistaat City At�orney
Peter Beekwith, SurE�ce Water Managec Will Appteton, Planning Manager isaac Conien, Senioc Plannec Margaret C1ark,
Associate Planner Matt Herrera, Ciry Treffic Engineer Rick Perez, Street Systems Project EnBineer Brian Roberts. StreeE
Systems Project Engineer John Mulkey and Administcati�e Assistant [[ Dadene LeMaste�_
t. CALL TO ORQER
Commiuec Chaic Kcehmar callni the mzetiag to order at �_30 PNf.
2. PUBL[C COMMENT
The�re vras one pubtic comment:
Nancy Com6s. Federa! Wav —:LLs_ Combs spoke again. acfvocating for a four-way stop at SW 304�' Sd'eet and 2�"
Avenue Sft! commenting that she jelt as though staf�' hasn Y done anvthing regarding this continued request. � Ms-
Combs ulso tianded out pictures nj eaci� c:orner ojthe subject intersection to the Committe� At Committee Member
Ductos's request, staff addressed the Gommittee, statia� that action on this item has been taken. Staff has alr�dY
gathered results from traffic counters and is in the process of eompari�g the data from the lrat�c countecs to tfie data
gathered from radar sucvei(tance. Staff wili return to LUfC once they have interpc�e� a11 data a� wili nepoct their
finding and any r�omcne�ation, if warrantecL
3. BUS[NESS ITEMS
Forward
To ic TdldDescri tae to Cauacil
A.
Approvel of the iVovember 2, 2009, LUTC Minut�
N/A
B.
G
Committee approved November l6, 3009 LUi'C miaates as preseated.
Moved: Duclos Secoaded: EerreN Passai: Uaanimoasly, 3-0
20"' Place SW Emergeucy Sl'tde Repair — Project Acceptsnce sud Retaiaage Release
1Jt512009
Coosent
Jotui Mulkey presented inEormation on this item. There was no paMic commeni. "Che
Committee thanked staff Eor working to bcing this projeet in undet dte appc+oved budSet-
Committee forwarded Option #1 as presrnted.
Moved: �'errell Secooded: Duclos
2010 Stceet Swtepiag Services Contract — Bid Award
Pused: UaanimoYSty.3-0
iv�srzoo9
Conse�tt
- Macw�n Salioum p�esentad infcxmatwn on this item. There was no pubiic comment Mr.
Saltatm noted that the emergency catl out pcice varied among the bidders; therefore, �
. . Z `�������
c_,curc�w am s�;� �ooaro�.o4 a�.�-e„�
56 PA��.�.C�r.-
l_and Usell'canspoctation Committee PaSe � Decembe� 7' �009
rednction of emergency catl out hours to meet the originai budgeted amount was dependent on
the price per caN out from the respective bidder.
Committee forwarded Opiioa #t as presented.
Moved: Ducbs Seconded: Ferrel! Passed: Uaaoimonsty, 3-0
D. PxciGc Nighway Sout6 HOV Lanes P�ase [V — PSE Ggs Joiet Constractioe Agreement . [Z/15/2009
Brian Robe�ts presented infoimation o� this item. Thece was no public comment N[r. Consen=
Robects cu�ted that the insurance requirement in the contract applies to both the conoractor and
all sub-contractors/uiilities doing work as.sociated with the praj��
Coa�mittee furwarded Option #t as preseoted. -
Moved: Duclos Seconded: Ferrett P�ssed: Usaaimeusly, 3-1
�
F
G.
Padfic H"ig�way Sout6 HOV Laees Phase IV —Comcast Jaet Coastrucaow Letter of
Uaderstauding
8rian Riiberts prese�ted inforinaEion on this item. Therc was no publ� comm�t oc
d'�ussi�.
Committe+e forwarded Option i�t ss preseeted.
Moved: Ferr+eil Secoaded: Declos Passed: Usanu+�onsly, 3-0
Prepased Deferment of Opea Space Fee-in-Liea aad Regional Stormwater Fac�7ity Fee
Matt Heaera prese�ted information on this item. 1'here was one pub�ic cownenC
Sam Pac� Association of Realtors — Mr_ Pace painted out the be�fits to [he City by dejerrin8
theStormwater Faci[ity Fee to the point ofsale.
Com�nittc� Membrc Duclos stated that she felt a sense of conCusion on the Pianuing
Commission's recommendation and be�use of that, would pecsonatty (ike to refer the item
back to the Planneng Commission fo� furd�e� ciacificadoa Committee Member Ductos stated
that ihe goal is for the City to have a favorable reputatia► when it cflmes to develctpmenk
Deve(opus stwutd t�ave a good relationship with staff and the pennitting a� f�s p�s.�.
ShouW aay other fees need to be reevatuated, Committee Manbec Duclas suggested bri�8�8
forth.alt fee modifications in one pacl'age. Chair Kcehmar and Commiuee Membex FecreU
concutred with Committee Membec Ductos's concerns.
Co�mittee tabled t6is item, returaing it to Plaaaiag Caa�missisn foc turt`ec disetis.sioa-
No mot�n was necessary.
intertocs! Agreement wit6 King Couaty for RapidRide [mplemestalloa-
Rick P�ez p�srnted infocmation on this item. There was na public e�uaea►t David Cant�Y
ftom King County Metro was also present W answes questions fcom the Committee- Mr.
Perez stated the goal of the {xograrn is to uttimately provide a gFeen signal to approaching
RapidRi� busses the majority of the time. The key will be increasing d�e probabitity of a
gceen signal wittxwt throwing the rest of the signa! coordiciation out of sync. itadidRide
busses will cun at least eve�y i 5 minutes and every 10 minutes d�uing peak times. Th+s
project wil! replace Route 174 which cumentty cuns every 30 atinutes.
Retumed to
Planning
Commission
wisrzoo9
ConseAt
There was brief discussion conceming safety as Federal Way being d� atd of the iine �
riders traveling Route l 74 and there is atso some rececu hiscory at the Federal Way Tran��� �����`�
3 PA�� � ��.i.
c:aurt.�ttrnc A�dasaaf s�m.aia �9ow.a�-oo xiaro..aa tO
57
[_and U�;T.
H.
Commettze
Center_
3
Decembec l, 2009
Overall, the Committee was very excited about the RapidRide route coming to Federal Way.
[t will realty h�ip the Federa! Way commuaity 6e better connected and abte to use L[iYIC. Mr_
Cantey said Ehat this route should be up and wnning m the fall of 2010. King County Medro
will be doing public outreach to educate the public on this upcoming service_
Committee forwsrded Optioa #1 as preseatsd.
Moved: Daclos Sernnded: Ferrd! Passed: Unsnimously, 3-0
Rectasgnlar Rapid FlAShiag Beacoa aa S 32a"' Street (Betmor Park)
Rick Perez presented infocmation on this item. There was no pubiic oomsnent Mr. Perez
added that there wiit aiso be a cost saviags uti(izing King County to purchase and '+nstait the
e9uipment
12/152009
Consent
Commiaee Member Ducios asked if ittis application woutd be appropriate for the tocation of
S W 304�' St and 21�` Ave SW_ Mr_ Perez answered �at this application had not been
considered for this location (intecsection) as it is rypically used Eor a wider street, for a schooi
cro�sing o� a cna}orcorridor.
Committee forwarded Option i�i as pres�ated.
l�loved: F'errell Seconded: Ducios
4. OTHER
Tttere was no furthec discussion or additional topics addressed.
Passed: Unaaimously, 3-0
5. FUfURE 1�LEE:T[NC
The next regular LtJTC meeting wiit be Mandsy, December Zt, 2009, at 530 PM in Ciry Council Chambeis.
6. ADJOURN
The meeting atljoumed at 6_3� PM.
[�
COMMITTEE APPROVAL:
Linda Koctunar, Chair
G1Ct1�C'LUi�C:l�pdas aait Sammries 3oov�ts�78v �linrer.eoc
!im Ferrell, Member
4
Dartene i.eMaster, Adminisuative Assistant [[
Dini Duclos, Membex
������� �
PAGE�_�fi �o _
; 58
City of Federal Way
City Council
Land Use/Transportatioa Committee
November 16, 2009
5_30 PM
City Hall
City Council Chambers
MEETING SUIViMARY
CommitEee Members in Attendance: Committee Chair Linda Kochmar and Committee Members Jim Ferreil and Dini
Ducios present
Cauncil iVlembers in Attendance: Counciimember Jeanne Burbidge
Staff Members in Atteedauce: Director of Commnnity Development Services Greg Fewins, Deputy Public Works
Director Marwa.n Salloum, Assistant City Attomey Peter Beckvvit6, Deputy Public Works Director Ken Miller, Surface
Water Manager Wilt Appleton, Planning Manager Isaac Conieq Senior Pianner Margaret C[ark, Associate Plauner Matt
Herreta, Street Systems Project Manager Brian Roberts and Administrative Assistant II Dartene LeMaster.
1. CALL TO ORDER
Committee Chair Kochmar called the meeting to order at 530 PM.
Z. PUBGiC COMMENT
There was no public comment.
3. BUSINESS ITEMS
F'orward
Topic TitldDescriptiort to Councii
A.
B.
C.
Approval of the Yovember ?, ZQ09, LUTC ilitinutes
Co�nmittee approvecl �nvember ?, 2409 LUTC minutes as presented.
Nioved: Duc(ac Seconded: Ferrell Passed: Unanimflustv, 3-0
Pacific Highway S�IOV Phase IV — Qwest Joint Construction Agreement
$rian Roberis presented information on this item There was no public conurient or discussioa
Mr. Roberts noted that the RCW that allows for the utility ceimbursement has been iaw for a
very long time_
Committee forwarded Option #t as presented.
t�'[oved: Ferreii Seconde�t: Duclos Passecl: Unanimous[y, 3-0
Pacific Highway S HOV Phase IV -100% Design and Authorization to Bid
Brian Roberts presented informarion on this item There was no public comment Committee
Member Duclos asked about the ramifications of having the condemnation process delayed. Mr.
Roberts stated that if the condemnation process is heid up, it could delay the advertisement date
of the project. As far as impacts to project costs, Deputy PW D'uector Salloum stated that costs
may be impacted if the project advertisement has to compete with other projects being bid in the
spring. That may result in a higher bidding ciimate.
Committee forwarded Option �! as presented.
Moved: Ductos Seconded: Ferre[1
Passed: Unanicnausiv.3-0
N/A
12/U2009
Consent
l2J1/2fl09
Consent
KL''009C.odeAm�tmpactFx�PointofCollcaiaAPlanaingCamnisaa�ll-1649-Minwa.doe � � ������� � �I
. 59 �A���._�� � .
Land Useltransportation Committee page 2 November t 6, 2009
�
On-Cail Vactor and Jet Rodding Services — Contract Estensioa
l?J112009
Consent
E.
F.
x:cmo9 coe��v,�u r� ro:uoEC�cw�.�:a�� �-is-ov-n�;,� do�
, 60
Wil1 Appletou presented infocmation� on this item There was no public comment or discassioa
Committee forwarded Option #i as presented.
�Ioved: Duclos Seconded: �erreli Passed: Uuanimousl�, 3-0
Proposed Defermeat of Open Space Fe�in-Lieu and Regiona! Stormwater Facility Fee
Matt Ke�rera pr�d informarion on this item There was one public comment:
Sam f'ac� Association of Realtors — Mr Pace invited the committee to look at this issue from
the standpoint of Ieading the commua�ty and developers out of the econonuc recession. Mr
Pace sttpports Optdon #1 on Open Space Fee-in-Lieu, but requests that Council considers
deferring tlie Regionat Stormwater Facility Fee to the point ojcerlifrcate of occupancy_ Mr_
Pace feels that deferment of SWMfees meets tfie developer on middle ground and does not cost
the developer so mtteh money at the jront end of a project.
Committee Member Ductos ask� for cIarificatioa She believed ti�at staff forwarded the
Planning Commission's recommendation of retaining and codifyiug the City's present process
of collecting for open space fee-in-tieu prior to plat recording and cegiaoai stormwater facility
fees prior to eagineering approval. Mr_ Herrera confumed this to be correck
C6air Kociunar aslc�t what the average fee-in-(ieu was for a new home_ Deputy PW Director
Miller stated that it is hard to approximate an average fee—in lieu; but that it was important to
note that the developer always has a choice; they can pay to make their own improvements or
the can pay the fee fiar the Ciry's option. The City's option is a savings f+or the devetoper.
There was �c�e discussian back and forth between the comuuttee members, staff and Mr. Pace
oa the various op6ons for collecting the regionat stormwater facility fees.
Although the Plaaning Co.mmission had the support for their recommendation &om the Master
Builders Association, there was no one to speaic on their behatf at the LUTC meeting.
Committee member Ferre!! maved tu defer this topic to t6e Decer+uber 7, 20U9 Li�'TC
a�eeting.
1�or•ed: Ferrett Seconded: Buclos Passed: Unaaimous[y, 3-0
Code Amendment Retating fo the Size of Heatth Clubs in the Neighborhood Business
Zone; Update on the 2009 Planaing Commission Work Program
Margaret Ciark presented information on this item There was no public commenk Cauunittee
Member Ducios aslced if dsis tasg is added to t�e 2009 worktoad, how long will it be antil it
coares back ro the Committee and Councit for adoption? Ms. Clark responded that SEPA is to
be issur,d on i2/5 a� d�at it wil! take appro,cimate(y two and ane haif �� �fore seeing this
item back at Council for adopfioa Mr. Fewins added that 24 Honr Fi�ess supports this added
work program request and is in favor of seeing it adopted as soon as possibie_ Ms. Clark handed
out copy of November 2, 2009 support letter from 24 Hour Fihiess.
Passed: Unanimousl3, 3-0
i�iosed: Duclos Secoaded: Herrell
Committee forwarded pption {�1 as presented.
Deferred
Back to
LUTC
1 �/2009
i2/1/2009
Consent
EKH1��°T �
PA���._OF 1=
Land t,'s�Transportation Committee Pa�e � November (6, ��0
C�
H.
Request for Direction to :�ppiy Eor a GYLa Update Grant from the Department of
Commerce
vtar�aret Clark preseaced information on this item There was no pubtic comment or discussioa
Committee farwarded Option �1 as preseated_
�+toved: Feri Seconded: Duclos
2009 Code Compliance Program Update
Passed: Uuani�nously.3-0
Gce� Fewins presented information on this item Code enforcea�nt staff was commended fot
atl of their hard work and outstanding secvice_ Committee member Duclos suggested holding
training foc placement of signs for politieai candidates. Staff is atready w+�rking on this_
�io motion c�as necessarg. item �%as for information oniv•
4_ OTHER
T'here was no £urther discussion or additional topics addressed_
�vv?��
Comsent
M/A
Informa�ion
t�nly
5_ FUTURE �ETIlYG
The next r��ulaz LUTC cneeting will be Monday, December 7, ?U09, at �:30 PM in City Council Chambers_
6_ ADdOURi�F
The meeting adjourned at 6:40 PM.
�ttest:
CUMMITTEE APPROV.�L,:
[.inda Koctunar, Chair
!im FerreU, yfemlxc
Dariene Lzltaster, Administrative Assistant II
Diui Duclos, Member
������� �.
AA�� ��' ��� 0 _
IC:11D09 toQe M�aiAmrnallayact fee Poia[ ofCoNaxion�Ptaanu�g C�.�isionU 1-�6-09-M�autcs.doc
61
Exhibit III
LUTC Meeting Packets
December 7, 2009, and November 16, 2009
62
t;t�utvc;t�, ivt��, t tiv ua t�: uececnner t, _uvy i ir� �:
C[TY OF FEDERAL WAY
CITY COtJNCLL
AGEYDA BQ.L
SUBJECT: Addition of code language to Federal Way Revised Code (FWRC7 Titie l9, "Zoniag and Developmeat Code," reiated
to the timing of coltection of opea space fee-in-tieu and regioaal storm�vater facility Eee payments.
POLICY QUFSTIOiY: Should the City adopt a policy to defer the paymeats of open space fee-in tieu and re�iona! stormwater
facility fees to a time a later in the devetopc�nt process, or st�ould the city maintain its current poiicy of cottection of open space fee-
in lieu prior to piat recording aud cal(ection of regionai stonnwater fees paor to engineering appcovat? Eurther, should the City add
laagnage to FWRC Chapter 19_ 100, "Mitigation oE Devetopmeut [mpacts° to codify the existing policy, if this option is chosen?
CoM�EE: [.and UserCranspoctation Committee (L[JTC)
C�►'rECOttY:
❑ Ceosent
❑ �ty Council8usiness
! 1',
■I
Ordinance
Resatut►on
STn�'F REPO[tT BY: Matthew E[ecreca, A�ociate Planner
ME��tG Da�: Nov�mber tb, 20Q9
❑ Pablic Eiearing
❑ Other
DEe't': Cocnmunity Deveiopment Senrices
Eahibils: 1) plauning Coaunissioa scaff repo�t for the Novsmiier 4, 2009 pubiic hearing with Exhibits A-C; 2) drtoditicarioa of
ameodments based on Planaing Commission's recommendation shown as � � 3) Minutes of the November 4, 2009,
planning Commissioa pubic hearing and 4) Draft adoption ordinance_
Baekgroand: The City presently eollects open space fee-in-lieu prior to pla.t recording and regiona! stormavatec facitity fees prior to
engineeciag approvat based on policy rather than code_ The prdposed policy ct�ange to deEer the Qayments of open space fee-in tieu and
regiooal stocmwater facility fees to a time tater in the deveioQment process is part oE the 2009 Planning Coaunission Work Pro�agt and
was iuiriated by tfie Master Builders' Association as part of theic Stunulus Package. The following policy attematives: ( t) Maintain die
cuirent policy of coilection prior to plat recording for open spaee fee-in-tieu aad prior to engineering appcova( for re�iooat storm.water
faci[iry fces and add language to FWKC Chapter 19.100, �Mifigation of Development (mpacts; ' or (2) Defer one oc both fees to
Certificate of Occupancy, or (3) Defer one or both fees to point of sale wece presented to Planning Commission at a Qubiic hearing on
November 5, 2009_ One public comment was received by a representative from the Master Buitden' statin� that rhey no tonger wished
to pursue a change at this point in time_ The Pianning CocrLm���ion recocnniended �-0 to adopt a modified version of A(tecnative #t
(6xhibit 2)-
Optiaos Considered: l) Adopt the Planning Commission's recommendation as coatained in the Draft �doption Ordinance;
2) Adopt the Plaonino Com�aissiods recommendation as modified by the LUTC: or 3) Do not adopt the pco op_sed �oticy_
P[.a�.�►�tvn�tGCoMMrss[otv RECaruxE.vuar[av: Adoplion of Option #[ as modifced by the Planning Comcnissioa
STAFF RECOMMENDATIOTi Staffrecoromends the Councit adopt Option #1, adopt the Planning Commissioa's recammeadation as
cout3iued in die Draft Adop�oa Ordit�a[�ce .. 1 r ..
- - .�„�:,
CITY MANAGER APPROVAL: _;_:�-� Y;'vr DIRECfOR APPROVAL: �
Coaunittee Councii Couunittee Counci[
CoMMiTT�E RECOhn�tFlvuaT[ort: Eocward Optian # l; adopt the Pianning Commissioa's recommendation as conrained in d�e Dcaft
Adopfiou Ocdioaace to the ful( Co�ncit on Deeeanber i, 2009, Eor first ceading
(,inda Kochu�ar, Chair Dini Duclos, Member Jim Ferrell, Meu�er
-—
Pttoeos�u CouNCtr. MoT[otY(s): _ _
L READIl�iG OF OEtDINe�vCE (�2/01/09): "t move to forward the ordinance w a second reading for enacdnent on the December I.i,
2U09, co�tsent agenda. "
2'� REMINGOF ORDIN�tCE (i2/15109j: "f inove approvad ofthe LUT'C s recvmmerrdation to approve the code amer�drnents, whicfi are
contained in the Ac��tion Ordinanc�. ..
• (�ELOW TO 6E COMPLETBD BY CITYCLERL'S OFFlCE)
COUNCQ. ACT[ON:
p APBRAVED
� DEN�D
� TABLEDIDEFERRED/NO ACT[OY
❑ MOVED TO SECOIYD READtNG {ardinaaces on[y)
REViSED-02ro61Zi)06
63
COtJNCtL BILL #
1� �eadiag
.
Eaactment r+eadia�
ORD[IYANCE #
RFSOLUTIOiY # ��
������ � '
��rn= -�-��--�-- ���� ,��t`
������ ��� -�-
ST��F REPORT TO THE PLA�.�INI�vG COMVIISStOv
Public Hearing - �avember 4, �009
Poticy Cssue — Deferment of Upen Space Fe�in-Leeu and ELegionat S#oe�nwater Facility Fee
(F'ite No. 09-tOtOt8-�0-UP)
i_ O� �RF zEw
The praposed devetc�ment regulaaon u with regacd to timing of open space fce-in-ti�u and
regional stormwater paymcnts to the city_ Ttie Federa! �ay Revised Code (FGVIZC) does not
c�rcently presccibe the timing oEsuch pay.n r�s aa adminishative poticy, the city catiects
open space Fee-in-leeu` pnoc to rec;ording a residenaaisubdivision cvith the iCing County Division
af i2�cords and Etections, and cotlects cegionat stormwater facility fees' prior to c�ineeriug
appcok Staffrecommends this po[icy become codified cvithin the FWtLC_
T'his develc�ment regulafion amend.ment cvas +nitiated by the Niascer Be�ildecs �ociation
(�i8 �) of King and Snohomish Counties as part oE the association's toca.t 'economic stimu[us
pta.c�' directecf tocYard, s�era.l taca.l j�sisdictioc�_ Deferrin� the coltectioa a€impact te�s to a da.te
cto�er to �he actuat ic�act u one ofseveca! itenn the ib(B� se�ested the ciry add co its ?004
Long lt�rnge 6l'ork Prograrn_ Et u the tviBA's �osit�on tt�t defzrriet� th� caEtection ot impaet f�s
Co � dazz eioset to tftz acCUa( itttpact �uoutd reduce "ca.rcyi[t� costs" o� ttce cfevelopmeat_ Cauryi�a
costs. �uch as i�act fees, inerease the acnount dev etopers mint fu�a.nce and aceumu(a.t�i interest
associatzd cvith such oasU incceasz the eost, oEthe overatl dev�topmeat
Votcc the rt:centiy adopted. Traff�c [mpaet Eee, thz ciry daa not urilizc icYtpact tees, but
ictstead can accept a tee-in-tieu for open space and directing storm�vatzr run-ott tto�n developed
�it�s inta oe�a of �z city's rzgional Eaciliti�s_ �'he fee-in-ti�. option is for develc�zrs that choose
not to provide ocuite open space For residec►tia.i subdivisiocu or stocmcvater deteRtion faci(ities i�
ar�u sizthin the citr's r�ianai stormcc•ater haci(ity basins_
Fees Coasidered for Deferment �
Citpstat�ftntictentifieit�fie fotlowing fees assoeia.ted. cvit� new developeruent tor gossib(e
d:efe�mectr. tra€fic, sch�{, open s and re�ional stormwarer faciliry_ E[owevef, since the City
Counci! Eras recently a�ted a Tra.ffic fmpact Fze and defzrred payment to the property's point
of sate €or sing[e family devetopment and. buiiding permit for ait other devetopn�ent as part of th�e
new ocdioane�, st�ff no {onger proposes to addrzss �is �ee. �lthongh ce�(lECted by the ciry via an
inter loe�.( a�rreec�ent, schoot im�a„cx fee policies are set by the Federal Way Publie 5ehaol
Distric� tf�ere,foce, s�tff proposes not to a�dress this fee; thus leaving the open space and regianai
stocmwater f�e-ai-(ieu optians as possible candidates for deferment
1 Resideutiat �bclivi�ion� are required m pcovide opeu space in the aanunt of t5 percent of tt�e g�oss (aad acea of tiie subdivuion
site; howevzr, at itie di�zetioa af � Parlc� Oirector, they umY PaY a fee-in-lieu in the aununt of ! 5 Qercent of the pretiivic�ed
as�ssed ia�ad �aEue tu �tut'y upen ,paoe requicemeat�.
' Regioos! stormu�r fee� ar� ass to cievetopmeuts t6at choose to eetiiiae one of the city owned stamwat�c laaliti� 1'6is
option provide.-, �vei�pe�s the opti�n of PaY+ng a fee-in-lieu of pcnviding au�ite �mwater d�eteakioa pond.
De� of Fee� Code i� - f'ife �09-tUt4-18-00- (JP � Doc W i 1870
e�ag c�«� �rrR� ea� i oe�
6 4 i��:; � �l � �'���.--
��i� � ��� �
������`� --
�'� ,�. ���-
�� _��.'��._____�__
(L PROCEDIJRAL Sf111�[htEIRY
The proposed developnzent regulation is execr�t 6rom environmentai review pursuant to State
Enviranmental Po[icy flct Rules 197-! t-800t t9� Proced�ual Actioc�s_ Ttie propo�( relates sotely
to �ove�rt�cetat procedures containing no substantive standards respectiag use or modification oE
the envffonmen�.
Public Qotice of tbe Ptaaning Corr�m�.�ion h�ra�a was provided Octobzr l7, 20�, pursuant to
procedures wahin EWRC t 9.80. t 70 and emaited w the dzpartmeat's stak,ehoidecs (E.�chibit A3
Octo6er i6, 20a4_ One coaunznt was received c ia emxi! from John Nociv of P�(oms Homes
tncorporated on Octd�ec 18, 2009 (E_�hibit B).
LII. SUIVIIYL�RY OF DEVF.L�PLti�MT REGilL�TION OP'['[Oi�FS
StaffGas Qresented the PL�ning Comwissioa with the fottowiag three scenarios:
(1) Ret'ain the cunent potic�r with no change;
(2j Defa the coltectioa af ttce fee� to Certifific�te of Occupacbcy, or
(3) Defer the collection of the Eees to the poiot oEsale of the prc�s�r_
Eee �ptiat #E . Optian � 3' Op�ioa-#3
Current Policy � Defer to Certifictte � Defer to �oiat of Sate
of Occnp�acy j
Qp� space fee-in-tieu Paid prior ta ptat Ff� L4�I1� I)e dl�/IQ2� IlE1 Fee w�nutd be divid� up
c�ocdin� atuon�.st att proQartiea amoa�r all �xoperties
(Nat a�li,cabie to within the suixiivision tivithin tYte �bdivision and
comffierciaUmu[ti- aad paic! prior to the paid a€ the ame ot sale of
fami(y deve{opmestts ) accupancy of the the hoaee c a!i�
mmpteted home_ iniaated by the ctty_
[tegi,ona[ sta�mwata Paid prioc to Fee �vactd be paid pcioc Eee cvoufd be paid at #he
F�citity fee-in-tien, en�ineaing to the occapancy oEthe time o€sale of ti�e home/
approvaUhuiidin� comp[e,te�d ho� cocnuiaciat buitduzg via a
permit usn��e. commerciai buileding_ [i� initiat,�d by the cifiy.
j'� AN�I.YStS O� CURRENT POL[CY (OPTION #[)
Open space a�d regional stormwater fees are c�ureotly cotlected prior to coastiuctioa. Existing
coiledion policies provide the city with assurance mat Eees are paid as_ (ij the subdivisiodpiat
can not be recorded wi�wut payment of opea space fees and lots are nat afficiatly divided. unti!
the gtat is reco�ded with t[�e county; aad (?} construction activities may n� begin uutil the
appiicant pa3rs. for the use of a cegional stormw�ter facilitY-
'ft� icn�etus fa� the poticy chacgge, in par� is to d,efer fees to a time cEoser to the actua.i impa,c� of
the d�,wetopa�ent Curr�entiy, apen space fee.c aze collected after plat infrastru�ccure {roads, sewer,
wa.ter, etc) is completed, but prior to the oc:cupancy of die individual residences, which � 6e
argwed is the a�tual tim,e of i.m�act Convecsely, regioaat stormwa�ter fees are catlected at t�ue tin�e
of mopa�t as tt�e consh�uction Qrocess (clearing, �ra.ding, and Pavic�) -resuUs in a� i�rediate
imQact to t�;e P�P�Y-
Defera�eut of Fees Code Amendmeot
Plamiag Ca�on �ff R�rt
e'az �a9-iotats�o-ue� � � its�o
Page 2af7
65 ���l���� �
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V.
Open Space - Fee-i�t-lieu i, a t3,pe of cniagation and r�ot an impact Eae. Sla.te taw restr�cts the use
of mitigation paymec�ts to outy ttEwe ideu�if:eci pcojects directty reiated to the devetopment This
limirs the u�itizatioa oE these fees to a specife park coc�reh�asive plan pla�ning acaa that th�
su6j�ct pcaperty falls 4c�hict_ Fees ace ci.arently co(tected for the zntire pre divided parcei prior to
recording the pl�t and mwt be uszd iz ithin hve years of cotEectioo, or they are cefunded to the
pcoperry o�vners of cecoed
Regionul Stormwurer - Ttuz ability to utileza one ot the cit�'s regionat stocmwatec fa.cilities ot�n
aliows the develager to forego the aeed to pravide an on-site detention pond Pubtic �V�
Departu�nt standacds require deretogers to eontain stormwa.ter Elaws at a simiiar cate as the
pro�rty's pre-deve[oped conditioa Fees co[tected for regionai stormwater facitity usage are used
for construcfion cast recovery and the faci}ities ongofng maitstenaac�
t�lY�►LYS[S OE1'E� PROPOSED POLtCY CFL�YGE
De€er�uent of �e�s cvoutd resutt in the city receiving payment after coastruc�ion u compieted
Defemng the coElectioa of fees until the end of coastruceion increases tite risk of noc�aya�nr_
5uch a defeczueat may al,o peit the city in the position oE withhatding c�ecupancy to a con�teted
baitding or horne. Sraffanatyzec! nvo ogtiom for fee defernntent� Oprion 2, de�ec pay�at to
C°ctifieaEe o� Occupancy; and Option 3, defer payznent to Qoiat of saie_
Opdon �3, Defer to Certificate af Oecupancy - Thz Certific�te of �ccupaacy is the tuiat sta.ge of
pennitting A buitding ic�spectac tiom the Deparnneac Communiry Devetopc�eac Servic�s conducts
a fina! inspecrioa of the compteted home or comme�rciai building and �rac�i�s oceupancy if ali
required ic�aroveauentS ar� eompleted pec th� approced pta� Persons ma.y not r�.side oc coaduet
bwiness in a hoine or buifdin� until the Ccciitica[e ufQccupancs� i� �rsnEed Ct it u tound the
appticant has not paid open space tze-in-Eiec� tz� occed. to ttie city, Ehe itt, cvou(d be required
to withhold the Certifica.te of Occupacicv untit the batance ot fees ac� paid This coutd potcntialiy
put the ciry in thz aw k�rard po5irion ot svithhotdin� occupancy foc non-payn�ent o� fees_
Potential �dverse Et�ects of Deferring to Certificate o€Occupancy
• City icupector� p[a+ced in tiie awhsracd pasit�on a�withhotding
occupac►cy to a campleted home fo� aaa�fety issnes.
Open Space Fee-ici-Lieis • Piecemeat caltectioa and state ma�datet! Wne,€imitations to use
fees wou[d matce ucilizatinn o� fuacb cliffic�
• �dds to admini� costs of uacking and �lemeutatioa
• City euspectors pixed in the awkward po�tioa ofwithhold�ing
occupaacy to conipleted commerciat buiWio�s � hom�s for
[�egioaat Stotmwater Facitity Fee � iss�ces.
• Fe+es are eoilected fol[awing dte a,ctuat impau.
• StaFmwata flow wntirot coetd be provided t5congita�t tt�e
coastcuction pracess wzthout payuient foc se�vice�
Def�t of Eees Code.�e�nt
Planning Coaaaission S'tat�Re�oct
F�ile �104-1010.i8-00. UPt Doe � Sl870
Page 3 of7
66 �d�.���'��
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Uptioa #3, Defer to Poiut of Sale - The defer�ent unril point ot sa.(e couid potec�tiatiy put tE�e
co(lection of fees past the Certificate of Occupa�cY- This �ray be aceoc�tished by placing a
covenant or lien aga.insf the propertY ��t�� PaY��� P�ioc ro c[osin�
PoteatiaE �dverse Effecis of Deferring to Point ofSale
• City u unable W track pa� ihe point ¢f Certihcate of Oecnpaacy_
� • CoHectiou of fee u depende.at oa escrow agent �riag payment
Opea Space Fee-in-Liea �' �� � cO c � . ,
• Piecemeat.cflll�ction and �ate mandat�d time iimitatious to n�
• fees vwo�cW malce ati[izazion of funds difficatt
. • �litianal a�istrative and cotiection cests.
• [n the c�se of commerciaUmulti-famiiy d�e, ` the developer may
i�otd oaw �e � focau �eoded period oftime. eu lt��e ao
intenrton.o€seltia� thereby avoidin� fee p�yments-
[teg�i�al Stormwata Eacility Eee `
•. CitX is uaa�rte,to �racic pa� tt�e go�t o�Catificate aF(�CCnpancy
• Cati�n,of fee is depend�t ou a;eEOw age,nc ea� PaS+��
u made pcior to ctasina
• Stocmwaier do�v control could be pco�ided througttout thz
cons proces� aad beyoced withauc payuieat ofx�lces_
v[. dURIS�[CT[OIY� COd�tP.�RiSOivS
The deferonent of im�act fees is a retativety n�v policy brought about by che current zconomie
downturn. �tost jurisdictions in �Vashic��toa SFa.ce, inet"ding Eeder3l tiVay, coltect fe�, at buildin�
pecmit issua.cice for coc�aerciaUmul�-famity uses and at pla.t recocdin� for subdivuions. The
foiiowing four jurisdictians t�ave either had deEerment poticies or currenHy imQlement a
defern�at option. �
2.
Pierce Couniy - Pierce Co�mty e.tcperimented �vith attowing dela.yed coltection of ici�act fees
at point of sale {Option �2} subject to a voiunt�y iien. f{owevec, Pierce County rescicmded thu
pcovision aRer experiencing a 27 peccent 6ilure rate oQ i�act fee co[lectioa
Kitsap County - Kitsap County deferred impact fees to Czrtificace of OccuFancY (OPtion # 1),
but due high rates of aon-paymecct, Kitsap �ved the col[ection point to prior to the fina!
inspectioii o� [f�e building pe�nit
Cl�+ O f Sammarnish - This year, San�sh adopted a poticy to ailow defu�nt to the Qoint
of sate until Decembex 31, 2010_ As of �e daxe of dus report, no failuce in cotleetion has been
e�
City of Olympia - Olympia. recentty adapted a paticy to allo�v the deferment unt� the Qoint of
sale for devetc�cr�s within the downtown area. The policy wiit sumet t�ugust 2010. As of
the date of this regort, no failure in collectian �as been found
3_
�
j The tecm ooaamecciaVmu(ti-faciuly u9e is en�ant to ref� to u�e., ot�ec than subdis+isioas.
De�er�oeo� of Eee.s Code Amendment
t'l�ing C�missiau �aff Rspo�t
E'ik 1�19 UPf Doe ID i18T0
� Page4of7
67 �/111��'T.. -��-- I
RA�E �� 0��
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LTI_ PL�NNINGCOMi�QSStOtYOPTi01YS
Stat�Qresenrs �e P(anning Commission the foitowin� options toc ttie open spacz fee-in-(ieu and
re�ional stocmwatec facitiry tee:
a. Open Space Eez-in-Lieu:
t_ Etetain t$e current po(icy witft no change;
?_ Defer the collection oE the� tee to Cectihcate of Occupancy; or
3. Defer the collection ot the fee to the point of sale of the pcop�;_
b. Regiona.i St�mwater Eaciiiry Fee:
i. Rerain the cun-ent poticy with no change;
2_ Oefer the catieetion of the tee to Certificate of Occupa.c�y, or
3_ Deter the collection ot the fee to the point of sate of the progeriy.
V�I_ ST.� RECOi�II��t�fDaTION
Sraff recommends die fze cotlection poEicy remain unchanged for bc�tf� fe�s (Qption R!) due to the
Pollowing:
t. 1��taintaiain� the cucrent poliGy of eotlection (Option �! ) at ptat recocdin� �or opea sPaee
fze-in-tieu aad en�in�erin� approrat for c�ionat storm44ater provides the �r�-axest
assurance thz ciry cc�iil receive Qay-�nent of the tcvo fees_
2. The en�etw for the poiicy chang�, i�i part, is to defec fees to a time ctoser to the actuat
impacG tiVith regard to regional stormcva.ter �e�s, both Opdons R3 and YS deEer thz
collection to a point attzr the actuat in�aet; thereforz, maki� the �o(icv incocuutenc wich
the prenwe that fee cotlechion sfzoutd F�e cied: to the goint flf i�act
3. flnlike the necvly adopred Tc-at�ic ta��ct r�, these fzes are not mandatc�ry_ The develo�er
does have the ogtion to gcovide onsite open space oc a stormwater de[ention taciliry.
4. Defecrin� fe� to point ot sate (Optioa �3 ) could r�.suft in a kus of cottectioa as the
developer cnay t�ave ne intention of seiling the pcoperty once coastrucrion u corn�leted
5_ The fi cottection caupled cvitE► ma.nda.ted t�me (ic�aits to use �ees could cau�e
dif€tculiy in the utilization of open spaee fees_
6_ The &agmented co[[ection o� Ee� woufd ad.d additiana( tira�ctang and adminisora.tive cas�s.
iv sp►srs �oR P�c.arr�vuvc co�sscorr ac�r�av
FWRC �tte t9 �Zoning and Deve[opment Code" Ct�a.pter t9_80, �Pracess VI Revi�cv,"
establishes a process and criteria. for devetc�ment regulation acnendments_ Coaisistec►� wittt
Process Vi review, the ro(e of the Piannictg Commissioa u as foliaws:
t_ To �eview and evatuate the proposed deve(opc�ueat regutation amencicc�ents.
Def�nt of Ee�.i Code A�a�ent t�iie taD9-tottl-t8-1)0- uP? Dac tD it87E!
Pianaiag Com�nission Stat�'ReQort Pa�e S of 7
68 EXHISIT�
PA+�E C� D� ?��
���� � ��
# ��i� �Js° . •
� —
V.
L To deterirQne whether the praposed deve(opment re�utation amend�uent cneets the criteria.
providzdby FWLZC t9_80.l30_
3_ To fa�cs,acd a�ecocncmendatioa to City Couctcil regarding adoptioa of the proposed
d� etc�per�nt �egulaaon amendment_
D�C[s[orta[. C�cr�[u.�
EWRC !9_SO_ I30 provide� criteria for development re�alatian acc�en�ents_ The foilowing
section anatyzes th� coc�[iance of the praposed aaeendc�nts with the criteria provided by
FWttC 19.8EI. i30. �E'he ciry may amend the te�t of tlie FWRC on.ly if it �inds tha.�
[. The proPose� amendmeac is eo�istent with the appticablo provisions of the
cocnprehensive pi,an
Poticy CFP ( - Provide needed public facciliries a,u! services to imple�nent the Federal
iYYay Compr�hensiue Plan_
Policy CEP6 - Pratect investrnents in extstingfacilities throu�h an appropriate [evel oj
mainteaance ctnd operation funrting.
Policy CEP [ 3 - Provide tfie c�pita! fucilities aeederl m s�ne ihe fururz r'owt{i
anticipater! by the Federal yYay Co�rcprehensive Plan_
Staff R�spvnse - firtainiainic►g the current policy of �ee colt�ion at piat rzcordin� [or
open space fee and engineering approv�C Fac regiona! stocmt�a.ter faci[ities
pro� ides a�urance the preceding three comprzhznsice plan poticies can be in�teme�►: eci.
Payment detaultc may cause levet of s�vice deficiencies due co incrc�se dema.nds on
existing F�cilitics_
2_ T'he propwed amec�dmznt bears a substantia.[ re[atioa,hip to pub[ic heatth, sa.fety, or
cvetEa.re. .
Staj�`'Response - T'he currenc point of ec�[lection poticy ecuures payment, protects tevel of
service, and pcovides consiscency. '
3_ The pra�osed. amendment is in th.e best intecest of the resideals oE the Ciry_
Sta,(f tt�spor+se - �►s mentioned previously, the current policy assures payment o� regional
stormwater fees at the poiat of icr.rpact anci assurance that opeu space �ee-in-lieu is paid.
without d,�[ay to accuP�Y- ,
VT. Pc.a�vnvG Co�mRSS[o�v Acr[orr
Cauistent with the provisions af FWRC 19_80_240, the Planning Commission may take the
following actioas regarding the propased development regulation am�endments.
Uefecmeat of Eees Code �c�►dmeoc F'�k u09-toto-l8-00- ue� noc Eo i t8m
P�� �� �� Page 6 of7
69 �����'� ��
�A�E_ Z0� �
������°�' -
�- Open Space Fee-in-Lieu
�A���.'_ -��_
. --
(- EZecommend to the City Camcii adoption of Option �! (staff recommendation);
mair�tain the ceu criethod of coitection at ptat recording a� ,ho�vn in E�chebit G
EWRC Chapter l9_ tOQ �`Mitiga.tion of De�etap�ent [mpact�_"
2- R�conunend ro thz City Coucicit adoption oFOptian T�?; deter the coilectioa of the open
space fee-ia-Iieu to Certificate of Occupancy_
3- Etecommead to the City Counci! adoption ot Option �3; deter the coi[ectioa af the apen
space fee-i� lieu to the point of sa.le af the properry_
4. Modify Option !# t, :2, or t#3 and recomsnend to thz CEry Cat�tcit advptiQn of the
�dification.
�- Forward the poticy question to the City Councit without a recor�unendatiac�
B_ ttegiona( Stormw�ter EaciGty Fee
[- Recommend to the Ciry Council adoptian of OpEion � t{staff re�ommendatio�;
maiatain the current mefhod of cotiection at e�gineerin� a.pPcoca! as shown in
EJCh.bit C, E�TRC Ch�.ptec t 4_ [00, �N[itigation of De� elopment [mpacts."
2- ftecoaunend to the City Council adoption of optioa �3 defer the cotlection of the
ce�iuna.! stormwaier faciiity fee to Certificate of Occupancy.
3- Recommzad to the City Co�tcil adopEion of OpEioa T3; defzc the coi(ection of tf:e
regiona! stornac4�tec tee to the point of sate of the propectS•.
4. tl�todiEy Option T t, �2. oc �3 a.nd. recomm�nd to the Citq Councii adoption of the
modi.fication;
�- Foeward tfie poticy quc�tion to the City Counei! cvithout a reco�unendation.
Ex�igres
Exhbit A— Commu.nity Development Services St�.tcefi.ofders [,ist
Extubet B— Comment EZeceived. &omlohn Nams
Exhbit C— Pra�ased Cade Amendment — Fy�/R,C Chapter [9_ t00, �Mitigation oE Developcc�eat [�a.cls"
Report Prepared by: �ssociate Planner Matthew E[eirera
Detem�nt of Fees Code rlmendn�ent Fito rqM-lo Lats.oa- u?; ooc [o; t87o
Pla°°�ag C��i°° �aff Report Page 7 of 7
70 GAII��'T :'......� '�,
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CODE zUVtENDMEiVTS �1�(D DNS NOTICE
Stakeaaiders List
as of Juae 18� �009
Bob Co�
Uoy+d Entapcues inc_
PO Hax 3889
Fedecai Way, S�i� 98063-3889
�.��,�t;n:�k�:�ui..�e�:,.G�t
t�u carret
Fri�do�the Hy[ebos
PO Box 1�47t
Federai Way, WA 98U93
:�ti:t:a?f::g`6i$c'L�:�a.:,rg -
D� 8iies
SBi Deveiopiag
PO Box 73790
Pnyatie�, WA 98373
ci:smlx��il�h��.c�
Kurt Wi1so�
S8E Deve[opin�
pp Box 7;790
pnyaUup, W:� 98iT
{253) �39-81 Lb
�ur�!�,;,��+�niic���,. m-:n
Daria l4tocin
Harsch {n�estme�t Properties
t 3010 NE 20`� SOCcet, Suite -1�0
B�eitzvn� i�+ � 98U0�
(�?i) 2&i-�3�2
c��ri��l��� tcxu
lulie Ramseth
Harsch. (ave��xu Praperties
i 3010 NE 20'� Street. Saite ��0
getlevue, �Va 98005
(�30)4i0-0778
jt��ic't►i�liat�iL�lccl
Don Peny
Lalcehaven Utility Dist�ict
PO Box 42�9
Fedetal S�ay, WA 98063
c��Iir'f:��kc�lar
'Tim Os�wm� PE
L.akd�avea Utility Uistcict
3 t627 [� A�xiae South
Federa! Way, WA 98003
(2�3) 9�6-»40
�ai�r�.�'c�lak�hay�.;.�r�
cc ��a,a� �m.�r�ct� r.,�.�:c�s�we,�maa.�raa���.aa
John Bawmau
Lakehav� Utiiity District
PO Box 4249
Ee�decat Way. �A 98063
t2�3� 946-SMl!
:t�;��1�u�����_4��
Pau[ i4tauzer
Pacl�d Develc�Qmaeut Coo�leiu�
P
l i?3� SE 6'" Sfreet, Suike �?0
Bdievu� WA 98004
(�2�)��3-4�Ot
�e�z�r-."a��oi
Gii E{utsmana
Abbey R,oact Gmup
PO Box 122�
Puyaltap, WA 9837t
(2�3j 43�-Zl,99
�1_icu�s��nt:�*:
teanifa Dovey
Wiadamere
3i40� b"` Aveaae Sout�
Eedaai Way, i�tA 9804)3
(206)�23-8Q00
;,�i�: ei;a�- �i'�iecu;;��.�cu
iotu� Norris
IYorru Homes
20�3 Eai�eu Drive
Mereer T�land. W� 980�0
(306) 27�-L9Ui
�:�ii^�axr��..".���nc�.�c�
Steve Kelty
ESM Cna, Eagineers
33415 1� Way Soath, Suite ?00
Eederal Way. WA 98003
(2�3} 838-6[ l3
St�. ; .l;�l l�+a�c�t:.i si L�.�
i4r[arlc C.tire�tug�
GVA Kidda, M�hevus, Segner
120t Pacific As�u� #t�00
Tacoma, WA 98402
(2�3)722-t416
ro:�rc�Ci:Q
Paui Lymberis
Quadrant Elumes
PO Box 130
Ken�. WA 98042�557
(2�3) 630-5541
� �C�t�.�CCk1�iC.Ftt'�
�������
����.—.L—�� --�j��-- Page 1 of 3
71
Rfld Letand
Federdt Way Pubiic Sch,nois
3140� t8 �venue Son1h
Eederal Way, WA 98003
cletaac�w; �s�sd. w�e�_e�
Sid White
Eederat Waq P�Wia Sc�oOls
i066 South 320'� Slrcet
FedecaL Way, WA 98003
(Zi3) 9�5-�93�
�:�=ait�%;.z:���.t;��
Iton Bic,otd
South King Ee�e & Resc�e
3tot7 1� �veaueSoafh
Federat Way, W � 98UO3
(206) 237-930t
b _r,���:c��lc.���utf��iu�r� -�rx
Tom itaymond
Soudi Kictg Fice & R�escue
3 l617 i� Av�enue Sou�h
Federai Way, WA 98003
(3�3)9�6-7241
'�•kr�r:i��iaa��g6r�ar�
Tom Piason
Eederal Way Chambcr of Cammace
PO Sox 4220
Fedesal �flay, WA 98063
(?a3) 838-2505
Wr�tu.�.z��cdi�aiw�as��bec.�
Br.tievu� fIVA 98009 Sam Pace
(42�) 452-65�6 Sea/King County Assoc of RealtArs
#';�t�.iti��-�i��� 29839 i�4�` AveaueSE
������� - .�.-
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CODE AMEiYDMEiVTS
AtY� DKS tYOTiCE
Rou Tr�aine
R�e Devdopment
Land Acq�ti,�tiiou anci Devetopme�t
t74t7 �33`� Street SE
�tantt 8end, W � 98Q4�
= e�.;i3nac� :�`ft�.3i�.�
42i (wk)
2{)6-3�3-1T61(r.eii)
4?S$3 i 7783 (Eax)
il�tonte Powdi
Powett Eiomes
29b07 8'�` Avr�..ae So�etl�
Fe�al V{fay, 9�A 980d3
rra �-�
K Davir! K�tan
3U240 27"` A�enue South
Federal Way, 9VA 98003
F �f�� � -�- �=#�cmaiLc��
Gureu 1. Eiuf�naa
Master Buildas A�ociatian
of King/Sn�i�h Counties
33� 1 !b'� Avatne SE
Betlevue, Wt� 98Qa4
=,�n�Ca��:r�cb:sl�
42��fiU-8236 (11�t8. T �KS}
iriaig Deasrcr
CES N�ft tnc_
E-maii
Bt�t c� Schweilrl, P_E.
Mamatgiag Dr[rm6er
Scl�wrxld � Ass�ciates, PLLC
70S Saath 9�` Street, Suite 303
Taaoma, WA 98405
�h�ii���iciyiL�.�c
253-272-04� t (wk) .
2�3-2T2�49�(Eax}
!V(ike Beha
Quadrant, Developm�e Maaager
i 47?a SE 36'� Stre�. Suite �200
PO Box [30
Bellevuc, WA 98009
:c�ik�bdno-•'�a��h�c�.c�:aa
4ti-452-b563 �
4ti-753�l866(ceit)
Eiani K,o�ve
72b �b�un 6Vay Nocth
Aubuiu. WA 9803?
�i3ii. :
2�3-383-??�3
8ob Rop�
F�. c�}�,K;c�m 1tCi
2.53-941-6954
Date A ELoper
The Rnpe.r Campaay
[.andscape r�rchitecturet
Site Pfanning -
8 t6 Q►ary Aveuue, �3A
Samner. WA 98390
253-89l-iO30
2�3-ii2b-3891(tax)
c-, �gz�c#a�a:kw.�l_r-��.
GarY Eteriug
t439 SW 296'� Street
Eedaai 6Vay, WA 98023
:�h�i-�c���c-ucuc�t ce�
Tia� Aticins
Big ilrfoantaici E¢tapci�e;
Eut�;�hi�cs
PQ Box t00! �- -
E�antctaw, WA 9802?
Bill 11rteCa�rey
w� SQL�iO
L9[ E SW Campw Qrive, Suite t i6
Fedc�al Way, WA 98U23
�c'c�f€cr-�cuu�rtK:�..�.c�c�
Tam Bargbausen
Bargbausen CoQSUlting Eugineers
[82 t� 72" AveQUe SoutB
iCe�t� WA 98U32
�r�`:�::#�"t�.
P�rTownsend
t648 South 3l0'� Street, Suite b
Fe�ai Vf(ay, WA 98003
253-839-2947
From the Clearing Grading
POR hst
i�fike 8ai(y
f.DG Archi�ect,
t3l9 Dexta �vanue. Suite 260
Seattl� WA 98 i09
206-283-4764
IIt��;�4.:�c�,.�.fr�hit:xt;.c:�:
Ctl� �/�l,iCi
OTAK
L0236 i�iE Points [kive, Suite �
Kirldz�d. WA 98q33-7897
2U6-4�2-t3�9
�_na�vFiiserfii�riE�a�u�
Chrisane Batyeat
New Concept E�mes
PO Box 1229
fssaquah, �V� 98027
h�hat�-:�t;v:a:�ail . c�
t�fark Ercata�
33� ib 9'�` �venue Sauth
Fectera! Way, t�r� 98003
2�3-838-8327
fi�:ar�`cin�:�.:� �-c��
Tres Kirkebo
APex Engtn�r�ag
?60 [ 3� Street, Suite 30�
"�acoma.. W� 984a9
2�3-11�73-449�
_'�L'�3'� Cli� *�'i
DeQnis EfanebExg
260 E 3S�'�`�Sbr� uite 200
Tacoma, WA 98409
2�3-A�73-4494
���t,6c�� ;���.�gi�e�i�.o.��
�Y M�
The Commans of Federa! Way
i928-B South Commoas Bhrd
F�deral Way, tiVA 98t103
2�3-839-6L56
�iar�i�cta�e(:x�-c:�tfw_�tx�t
pet�8:a ta�ec.�� IeffCre�e
Auburn, G�A 98032 Greeae Grasaway Architects
PO Box 4158
������� �
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f ��
Federa! Way, WA 9&U63-�t�8
?�3-9� i -=�9i7
it e�.u,�:i_CC �3i:�Ja'_Cd[i:"c_� t)t il
Steve Eiammu
Browieit Peter�on Hemmer
�rcttitects
69?U ?20� S�V, Suite 200
�lrioundake T�race. W � 98043
w�.a^J�s��t�_�c::�
Mei Eastec
loha�oa 8raund Dc,i�n Group
l5200 S? Avenue South, Suite 200
SeaWe. Li/A 98 L 88
2d6-766-8300
�,�u�E�l�
Knong Cho
Roya1 Hospitality
��n �)
l S90 t We� Va(ley EGghway
Tukwiia, Wa 98t88
2533 [8-0908
iC�?L'- �C�t i Ci3flliC4::i. cIE;
_�_...__—�_�
Jim lordan
(Saghatie Heights deveiopex)
�,r�.?rd:uL'az�sxn�i�.e
&tike HQVtand
Hoviand ?�cchitects
900 lrteridi:ut ac�e East, J'uite �t}S
�1�i�iiton, �Va 983�-�
i��r;tiC�6 '✓.=CiNIIC d si Ei:.I
Dave Thors
406 Soutf� ?89�` Piace
Fcderai QVay, WA 98003
�fliarcha;,�;
Dan Co�ii
Hammes Co.
(St Erancu Etospita!)
t325 � Avenue. Suite 103�
Seatti� WA 98101
ctc�jxa€�1�aics�►s�_e�xn
Tony Starlcovich .
ib! ! 9�` Avenue Norih
Edm�ds, WA 9802U
�35-Z7�-6��2
sr��r�,�ca�i��;��au.cn�
Gareth R,oe
BCRA
2 t 06 P�ifie Avenue, Suite 300
Tacana, W� 984�0?
2� 3-637�367
�_::��:.�•tacf _ut�.rn.
Headi jwattz
Swartz Uevetopmeat
i724 30dt Ave I�tE
�eattle, WA 98t0�
(206) 730-6933 ceit
(20� 527-8999 fax
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- � 73
�������'_--_ _
Tina Piety _
3` — —
Ffom:
Sent:
To:
Cc:
Subject:
John Norris j�ahnnorns@comcas�.net�
Sunday, Octoher 18, 20U9 5= t 2 AM
Tina Piety: Matt Hecrera
Nlargaret Ciarlc
RE: Pia�rting Commission iVleeting
�ey SF�ould r���af bo�`� o� the a�ianarces t3�ai �Etarg� �h25e #2��: Th2 op�n space fee is ex�rer�ely �xc�ssiy�
3nd �;unishes people s�sho �t�[�1 an tL their lar�r3 tongec_ Most o� Fe��eral v:ay was built wi�ia�t ��� oper� spac�
fe� s� �2 very peapie ar�to actua�ty ��o�lided 3��n spa�e �y not devs�ap€ng #h�ir Iand got pus�isl�ed vv�tFt a tax
���a! t� �5`�i4 af thp assass�r� L��lt�e Qf tttei: lanu. They paid taxes on thair ian� att of that tirr�a, it �as �robabi�±
their r.est egg or sa�thi�o and aiong comes goverr�rnent pro��bly back�� �tp by some citiz�ns Wst�o sornahow-
j+�stifv that €� is okas/ t� st�ei t�ir ��ighii-�rs stuf� as lo�g as they get thz governrx�ent to �a it €or �h¢m. E do
not understan� snrhy sorne p�ople ar� su�pasad t� �ravids �pe� spa�e for ather peaple to use, it seer:�s t� me
that th� �tla u�ed to be that Ef the gc�v?rnment ne�d�d your lanti for the goo� of t�e �ublie they couid
cor�dernn ic ar�d b�y it far �ir vatuQ ar �air va[us plus lfl�� iF yo� ha� to rn�v�. Sactc the� �e Qov��
needed �vay less t�anr3 wh�n they t�3� to buy it, but na�r tha� they just ��ss ordinactces-tE��t a{�w them to s�?i
it, they stee! tu:ice as much as they need.lust lik� at( o# the ser�sE�+t� araa �uff�: s. �t1l�y �te�€ a� foot buff�r
v�t.he� you can steel Sf� f�at bu€f�r f�r th� sa�e cQSt t�rae}. iictual€y in a i�t casss t��v �harge us a Fae, =nake us
h4re � consuttar�t �r tu�ro iitl out a� ap�iica�far�, ;�rnp thrc�agh a fe�v �oops io get �er:raission to �ave the eity
S�g? our bui�€8: _ Th$ bas part v4�as u: h�n th�Z �ri�lad a1, of th� �+s�rs and ca#ted it "Best Scien�z". y�`L�nat �`��y
i7l°3f1� U1taS ��!?4 �Gi�!!C° OT "3:�at�° E.fiJ SCEni1�° �25� S�I°Cir° w�ul� have v��tl �J i13V? buffers deter:mine� hy
���:Z 6�divi�t€a! �ensi��r� �rea, �a�d �n ti�z :�n:c{ue r�at:�re o� th� s�:�sitive a�ea ir. q�estiar�, the �ovemr:�en�
ag�ney ��:�iring the bufFershould have to b��/ th� i�uft=�� iar the go�� �E tl�e �ub[fc so Ehat the� a�e r�ofi
t?rn�ted t� sLee! 1.� tir�es as �n���t 3s they ne2�e�_ Gaverr�ment s �toui� i:Ai °�e�' � s aftoc•r�d to ��en�l �thec
�e�p�e's m�ney_ O��,s d€d ti�a} t�c-s i�.� a rar��? Jid €�o rr�r ieuzn v,rith gc�d inzer�Lionsj �ovar�m�r�t su�ks
rant? �orty i wa� j�zs! t�r�inrin� rn� s.i�htl�i ja�e� opinion out ther�. i a� no"t bitter �n� � s�itl li�� �v�ryone_
Could sorr�e�ne �orLVard ��is cn to ���:� �ou��i! ��r�b�r f�r :ne? fll: 3nd if anyone L3kz� ot�fanse, this yvasn'r
r��.rri�en h�� John t�oris, it Lvas acivally .vsitten �s �1 �I7�t �l��a SCT1aC� d�5 ifi ili5 �': sornatir�e� i� gBLS Ifl05� at1CI
�2nds �ut i€��lammatory emails 6et=or? l��tn car, stop t�am.
fi.��-� \��
: <'�::;'•*�': �3 :_ �� _�.�'�:..=.. _ -,y
��������;a��
� aD5�15.19(}'L .^_: 2;)6423.�500 � �3&.ZT�
. �_ �: � ?t�:.::,:,� _
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ys; 2�� �s4.:"`: aas �:.
•_ F`.t�':__r':as...v'�+x�f __ :..�.'_ ..__ ..__.._�_r•_-----'..�__'_-"_---'-��-"._.r._.�.._._.__......_._.....__....•---�_.�..._�..�__.�._._..__._._..._...��._...M....__.__
=rom: Ti�a Pi�.y [mailta:Tina.Piety�dtyof�edecalway.comj
;en� Friday, Octnber 16, 2009 S_14 PM
fa: Ma�t H�era
rc: Marga� Ciark
iubjet� f'lar�ning Commis9o� Meeting
�el1o,
EXHIBIT ��..
�4 � PAGE �2 O�F,�L �
Piease see tiie attached natice of the Noverr�ber 4, 2009, Federal Way Pla�ning Commission_ The Commissian will
consider whether the coitect�on of the open space fees and stormwater fees should be deferred ta a later date in ifie
deveiopmer�t process_ The dty currendy coilects open space fees prior ta ptat recurdiag and regional stormwater �ees
priar to engineering approval_ Please contact Associate Planner Matthew Herrera at 253-835-2643, or
mat`�t��rzraC.�ah�f=�e� �1v�av_con� with any questions_
Tu�.u.�'i,ety, Ad:rn.�.n±�rut'w�A�i.�,ta.ntl�
Community UeveloQment Services
Gty of Fetleral Way
Street 33325 8th Avenue South
Mait: PO Sox 9718
������� !
���� � ��,
Federai Way, WA 98863
253-835-2601; fax 253-835-2609
������� �
PA�� � 3 ��3� '�°�' -
z
75
FEDERAL W�.Y REViSED CODE
Title 19, Zoning and Developmen# Code
Chapter 19.100, l�titigation of Deveto�ment tmpacts
Sectiocu=
tg.t0U.0t0 Pucpasz.
t4_ L00_0?0 Definiaon_
i9_ 100.03Q Deterrnination of direct in�pact.
l9.lOQ.0=�0 Casts_
t9_ (OOA�O �titi�ation of direct ic�acts_
i9. t00.060 �fethods of mitigatio�
��� � � ��
���� _ ��
19_lOQ.O10 Purpc�s�
[t is the pucpose of this chapter to provide atterna.tices for prospective developecs oE land wittun ihe ciry to
mitiga.te the direct impacts that have been specificatly identifed by the city as a consequence of prop�ed
deve(a��ent, and to �nake provisions far, inciuding, but Eiot tiauted to, the public health, safery and genecal
cvelfare, fo� open spaces, drainagecvays, streets, a[teys, other public c�rays, water supplies, sanitary wastci, parks,
PlaYgrounds and sites far schoals and school �ro�nds.
(Ocd No_ 90-39, � t(22_ i0), 2-?7-9U_ Code 30U( ; 19=�l.)
t9_180_03Q Defnitioc�
Eoc purposr.s of thi, chapter, the terat °devetc�pment �� sha[� includz, hut not be limitzri to, subctivisio�u, short
subdivisions, biadin� site placu 3nd any other cievz(oponent activity detmed by F4VEZC Title t9, Zonin� and
Development Code_
(Ocd No. 90-39 3 t{32.30� 2-27-90_ Codc: 200! � i9=#L)
19_ iQU.030 Determination of d':cect impact
Be�ore any devetopment u�iven t[�e required ap��4ai oc is permitted to proceed, the of�ciat oc body cEiar�ed
with decidin� ahether such appcovai shoutd be given shalt determine direct inipacts, if any, tbat are a
conszquence oE thz proposed deretopment and cvhieh require mitigation, considerin�, but not limited to, the
fotlowing factors:
(Ij Predevetopment �°ecsus pastdevelopmznt aeed for ser�-ices such as ciry street�, secvers, wate� suppli�.s,
drainage facilities, par[cs, ptaygcounds, recce�.tional faciEities, schoois, poiice services, fire szrvices and other
municipat facitities or serviees:
(2) Li�elihood that a direct ia�act of a proposed deveiopment cvould require mitigatian due to the cfunulatire
-- -- - ._...- --- - ---
effect of sueh in�pact w hen a.ggre�a.ted with �e simiiar in�acts oE future devetopmeat in the irnmedia.te vicuuty
oEthe propc�sed devetopmecet;
(3) Size. number, eonciition and proximity of existing faeilities to be affected by the pcoposed cl,eve[apmen�
(4} Naliece and. quantity of capitat in�roveabents reasoaably necessary to mitiga.te speeific direct impacts
identi�ied as a consequence o� the proposed devetopment;
(�) Liketihood tha.t the �isers oE the pro�osed development �vill benefit &om any miti capitat
i�ro.vements oc progra�;
(6) Any si�mifieant adverse env�onmental ic�acts of the proposed deve(opmeRt ideutified. ia the process o�
com�tying with the environmenta.t poticy, FtiVRC Titie !4, or the S�ate Environmental Paiicy Act, RC4V
432 tC_0 t4 et seq_;
(� Coasistency cvith the city's comprehensivz ptan and any of its subpacts;
(8} Likelihood of ciry �rocvth by ann�ca�ion into areas iminediately ad}acent to the proposed devetc�ment;
(9) Appr�aatectess of financiag necessary eapitat improvements by meaz�s of toca! improvement districts;
( lfl) Whether the desigt�axed capi4.l ic�rove�nt ftuthers the pubtichealth, safety or general weifar� and
( i 1) Any other facts dee[ned by the city to be re(evant
(Ocd A(o_ 90-39, 3 t{?? 3fl}, 2-27-90_ Code 2U01 3 19�3. ) ��� ���'�
lC.�l19C.ae imae3ae�ts.tmp�e[r'ee?uircor :e8ezrmxLmm;e�i�.�.a"�pteei•�-tAltsie
PA��!� ._�� � � � � of�
76 �—
6..�� 5 � � i �.�, ' -..
���a� � �'� � � __s
� 19.1UA.04Q Cost�
The cast of any investigatioas, ana[ysis or reports necessary for a deterniination of direct i�act shati be borne
by the aQplicant
{Ord No_ 90-39, � 1(22_�O), 2-27 40_ Code200! 3 l9-�.)
19_100.0�0 Mitigation ot'dicect impacts.
The offieiat or body eharged. wittt �,canting fhe necc�,ary appcoval foc a pcaposed developeroeRt sha.ti review an
applicant's proposal for mitigating any identi&ed dicect in2pacis and determiiie wheth�r su,ch proposat u an
acceptabte onitig�tion meas�me consid�rring the cast and taad requQea�ents of the reqaired ia�mvear�nc aad dte
extent to whieh the necessity foc the improvecnent is atmbutable to the direct unpacts of the prop�ed
developmuea� No offieial or bady sha11 approve a devetopment unless provisioc�s have been c�de to �ritigace
identified direct impacts t[�at are consec�uences of such deveiopmen�
(Ord. Na 90-39, 3 t(2? �0}, 2-?7-9E1_ Code 2U0t 3 t9-45_)
19.1�:Obt! Methods of �tigatioa
(t) The methods of o�atigating identiClexl direct inr�acts required as a coaditian of any deveiopn�ent approval
ma.y inctude, but are not ti�ted to, dedication of tand to any pubiic body, offsite i�rovem�s, ��ite
improvements, and other eapitat or �ncapiia! methods t�at may effectively reciuce direct impacts. .
(2) [a lieu of a dedic�on of tand oc to mitigate a direct iu4+act that t�as 6eea identefied as a consequence of a
Proposecf develoP�, ��Y �Y aPP�Ye a votuntary payffient if dee� �c with the
developer, proveded no suc� agceemeat shau be required as a candition of approvat, and sbatl be subject to tt�e
fotlowing provisions:
{a)1'h� offccea! or body approving devetopment ma,t f�ad that th� maaey offzred will mitigat� or is a
satisfactory alterna.tive to mitigale the idzntified direct iaopact.
(b) Unfess ot6erwise stipulated in�tie F�i/RC_ open space tee-in-[eeu va nt shalt hz made prior to �
recording, �or tand divisions a.cbdstc�rmcvafer maira.gement fees s�iati be niad� at engineecing appraval for p[ats and
buitding pecmit is�suance for all ather deve�me€�� or as othenvise det�ned bv the Pubtic Woctr Uirectar_
{� � The Qayment shall be held in a reserve account and.may oaly be eicpended to fuud a capita,l
impcovement or Progr'am a�ree� uPon b�r Et►e parties to cniti�a.te the id,�ntified d�ect impac�
�} �.T'hz pay�eut sha(1 be expended in ail caszs cvithia five years o�coftzctioa, unlc� �hersvue
ageed to by the developer_ �
��.�Y PaY�t not expeuded witixin fve y�er� of cuilzction si�a(i be �efunded to tt�e praperty
owaets ofreco�d at tt� time ofrhe refu� with interzst ac the rat� �a.mecl in t�e city's czsecva acconnt applicable at
the time of refund t€ the payc�nt is not expezided within ftc e yc�cs due to detay attnb��ab(e to thz defretoper, the
payu�ent shatt be refunded w�ithout interes�
Ee} t�Pr�ecty owue�s eotitted to a reCimd andlor interest under fihe provuio� of this chapter may
voivntari(y and in writiag waive their cight to a refund for speci��d pzriod oE�me in the Enterest o�providing tLe
desig�afed. capi#a! iu�covem,� or other capita[ icr�rovemenc or pro�dm identified by the proper�y own�r, and
actxptahle to the city. .
. f��The devetoper may vatuntarily aad in writing waivs on beha[f of the develaper and subsequent
purchasers t#�e right to interest and or a refimd in c�rder to faciIitate compie#ioa oEan impc•ouement Uader no
eo�dition shall such a waiver be required as a caadition oE approvaL Such araiver shall be recorded cvitfi the
couniy whexe the propert�y is situated and shall be binding on subsequent ownas_
(3) The d�.weiaper or applicant may e�oose to pay a fee in lieu of res�ion of all or portions of opea space
areas reqaired if the apQlicant o.ffe.rs to pay m�ney in Lieu of apen space and if tf�e city accel�ts the off�, the
amo�nt shall be dete�nmed 6as�d upon t[�e square footage of apen space w�ich otherwise would have been
re�uired to be provid,ed: tim�s the ti�en current atarket vaiue per square foot of simikar(y situated properry.
(Ord. Na 90-39, § t(2Z60_ 10 — 225�30); 2 27-90. Code 200 !� t9�6. )
Ccoa t�t'er� Parks �d rec�ioq (�apOer �:US FWRC; sheets and �dewalks, FWItC Titie 4, Divison Q utilities, FWKC T''tfe tl;
waEa q�ty eEquiceme�s aaa sarfaoe w� stormwater ana othec watecways, chap�r t6 45 Ewlt�; �bdivis�s, Ewtte rute t8;
publ�c use �ea�nts, EWRC t9 05330; bwlding site requiremeats, FW{ZC i9_ l05_010; catailadng lof � requi�s in the
di�ux r�ala�ioas, FWRC 19 1iQ02(1; la�d andifics�iou restrictions aad reqzu�ements, C'hapter t9_I�U FWRC; cr teg,azding
feuoes, F9VRC ! 9 t?51� et sog; s�e desigµ requu�ements 6or eavironmeutaliy se� � 155 �
�,���������t¢t� „ PA���� Z ��o��
�
�������
FEDERAL `V�Y ItEVISED CODE
���� �� �
Tit(e !9, Zoning and De�felopment Code
Chapter 19.100, �titigation of Deveiopment Impacts'
Sections:
i9.lQUAI�
l9_ IQO_020
t9_ t00.030
E9. i00_04t)
19.100A50
19_ 100_Ob0
Purpose_
Definition.
Detecmiciation of direct impact
Costs.
Mitigatioa of direct impacts_
Methods o�mitigation.
[9.I00_O1� Pnrpos�
Et is the purpose o� this chapter to provide aiternatives Eor pcos{�ective developers of tand withict the city to
mi�igate � ciireet imgacts that have been sgecifcaily identified by the city as a consequenee af praposed
devefopment, and to matce proviseons for, including, but not limited to, the pubiic heatth, �.Eety and genera(
welfare, for open spaces, dcainageways, streets, alteys, oeher pubtic ways, tivater suppiies, sanitary wastes, parks.
ptaygraunds and sites for schools and schoo! grounds.
{Ocd. �ta. 48 � !(L�.iO), 2 Code ?00( � [9�i_)
E 9.10�.02a Definition.
Foc purposes of this ehapter, �he term " detielopment" st�atl inctud�, but c�ot be iimited to SLi�7t�lyt5t0[l� �ho�t
subdivisions, bindiag site ptans and any othec decetopment acziviry itefined by ewRC r��lz i� , Zoctin� a.rtd
Developmznt Code_
(�d. Na. 90-39, § 1(22_20), 2-27-9�_ Code 200i � I9-42-)
19_ t00_030 Determination of direct impact_
Befoce any development is given the cequirzd agproval or is p �rmittCd to pcc�c�eci, the ottieia4 oc btxiy charxrcl
tivith deciding whethzr such approvat should be given shall detr.cmin� dirc�ct impacts, it any, tha.t are a
co�uence of the propased deveiopment and which require mitigation, con,idering, but not (irnitad tu, cnz
fo[iowing Eactors:
(1) Pred�velopment �ersus postdevelopment need for sersic� such as city streets, sewers, water suQplies,
drainage �acilities, �ar�cs, playgrounds, recreatioaat hacititi�s, schoots, pdice szr�ices, fire services and othec
municipat faciliti,es or se�vices;
(2) Likelihood that a direet icnpac� o€a pcoposed d�vetop�flt woutc� rec}uire mitigation d�e tc� Fhe cefmu#a[ivz
effect of such impact when aggregated svith the simiiar impacts of �uture devetopment in the immediate vicinity
o f the proposed development;
(3) Size, number, condition and proximity of existing facilities to be affected by the proposed cfzve(opment;
(4) i�(ature and quantity af capitat improvements reasonabty necessary to mitigate speciftc direct icnpacts
identified as a consec}uence of the pcoposed development;
(S) Litcetihood tiu�t the users of the proposed dez�lop�nt �sri(i becietit trom any mitigating capital
impravements or prograzns;
(b) Any significant adverse environmentat imQacts of the proposed deveiopment identified in the process ot
complyiag with the environmentai policy, FWRC Ti�le t4, or the State Environmental Policy Act, RCW
43.2 tCA l0 et seq_;
(7) Cansistency with the city's compcehensive plan and anv of its subparts:
(8) Likelihood of city growth by annexa.tian into areas immediate(y adjacent to the proposed development;
.{9) Appropriateness of Enancing necessary capita( improvements by means of local inip�ovement districts;
(10) Whethec the designated capital improvement furthers the public health, safety or generat welface; and
(11) Any other facts deemed by the city to be retevattt
, � � .
(Ord t�to_ 90-�9� � 1{2230), _ 27-90_ Code _(f0�t .� i9��_) EXHI�IT '
�.��.��,�����w��,9_�a,_�.��.�. ,8 �AG�� � o���
����� ��' -
I9_l00.040 Costs. ���� —. �,+`� �--
The cost of any investigations, analysis or reports n�cessary for a dete�nination of dirzct impact shatl be borne
by thz applicant_
(Otd. �to_ 40-i9. ; ((2?.1�01. ?-37-9(?_ Code ?00l 3 l9-!-#_)
19.i00.fl�01�[itigatioa of dicect impacts.
The otFciat or body charged with �rantin� the nzce�ssary approvat for a proposzd dzvzlopm�nt shail review an
appiicant's pcopc�sal for mit aaatin� any iilentifced direct impac:ts and determine whether such proposa! is an
a�bte mitigatioa mea�ure coasidering the cost and iand requirernents of the required improvemeat and the
e�t to which the necessity �or the improvement is attributable to the direct impacts ot thz pcoposed
development ?�to ofFcia! oc body shaI! approve a deveiopment unless provisions have been made to mitigate
identiFed dirzct icnpacts that are consequences af;uch development.
(O�d. No_ 90-�9. 3 1(32_50}. 2-?7-90. Code 200t 3 19�5_i
19 i00.066 �ietbods of mi6gadon.
(lj'I'h� mettiods of cnitigating identi6ed direct impacts required as a condition ofac�y devetopment approval
may include, but are not timited to, dedication of (and to any pubtic body, off-site icnprovements, on-site
u�nwements, and other capihdt oc noacapital methods that may effecteve[y ceduce dicect i�npacts.
(�) [n lieu of a dedicacion of (and ot to mitigate a direct impact that has been identitied as a conseq�ence of a
proposeci de��elopment, the city may approve a voluntary payment agree�nt� if deen�ed n�ary with the
cfevetoper, pcovideci no such agreemeat shalt be requiced as a condition of appcovat, and s�iall be subj�t to the
foilawing pcovisions: .
(a) Ttte officia! or body approving devetopment must £nd ttiat tE� money ot�ered wi(1 mitigate oc is a
satistacWry atternatis�e to mitigate the identitied dicect icnpact
fb) Uniess othecwise stie��[ated in the F6VRC opea space fee in-(ieu pav�nt st�al! be madc �rior to pla.t
re�or+dins for land div�sions and.stormwater mana�emznr fees shait be cnad+e at engin�rrin� apnrc�vat for plats and
buddm� aecm�t tssuance for a!( other deveioprnent �
���Che payment shall be held in a�eser�z aceount and �nay only be e�cpendec! to func! a eapital
impm�ement oc pragcam agreed upon by the parties ta mitisate the identified direct impacr.
(t} �The payment shail be expended in a!( �.ie, tvithin Eive years ot cotlecrion, uniess otherwise
ag�reed to hy the dzveioper_
(� ��ny paymec�t not expeztded within f ve yzacs of coilection shalt bz rzfunded to the property
owners oEcecord at the time of the cefund cvith interest ac the rate earned in the cit�'s res�e account appiicable at
ttie tim� oF cefund. [f the payment is not elcpended within tive years d�e to delay atttibutable to the developer, the
payment shall bz retunded withaut interest
� t�Propzrty owners entitted to a r�fund anc�'or interest undec the pro� i;iocu af this chapter may
voluntaciiy artd in u�riting waive their right to a retund Por specified period of time in the intecest of providiug the
desig� capital improvement or other capital imp�ovement or program identified by the propecty owner, and
a�;cept�able W the city_
�} �T'he developer may voluntarily and in writing waive on behaif o�the developer and subseq�ent
purchasec� the right to interesc and or a refuad in occter to facilitate completion of an improcrement Under no
coudition shal( such a waiver be required as a condition of approvat_ Such waiver shatl be recocded w ith the
county whe�e the property is situated and shalt 6e birniina on subsequent owners_
(3) The developer or appiicant ma.y choose to pay a fee in lieu of reservatior+ of a[1 or portions of open space
areas required. if the appiicaut offers to pay money in lieu of open space and if the city accepts ti�e afFer, the �
amnunt shat! be detecmined based upon tt� square foa.tage of open space which othenvue woutd have beex�
reqniceci to bz provided times the then cu�rent �t val�xe per square foot of similarty situated property.
(Ord. No. 90-39, � I{22_50_ t0 - 3?.60.30), 2-?7 90. Co� ?� 1 3 t9-�6.) .
1
Crass referencss: Pacics and te�eaiioa, C1�apter 4_{� FWRC: strcets and siaewalks, FWRC Tide �, Divisioa [t: uu7ities, FWRC T'�tie l t;
'�a qualin` cequi�ec�ts and ���o�� ac� od� waterways, Chapter 16.�5 FWRC: �ubdivuioos, EWRC Tide L8;
p�lic �e r.asements. FWRC 19.0�.330; buiiding site requirements, FWRC l9_ I O�.OIO: calcuiar;ng lot coveraga requ;rements io the
district regaiations, FWRC t9.110_02fl: laad modi&cadon restrictio�ts and �quirementc, (�eapter t9_ f� FWRC; restrictioas regarding
fencas, FWRC 19.1 Z�_ t?0 et seq_; site design requic�ents fo� envir�n��y se�idve areas, Chapce� 19_! ii FWRC_
�.,���������:��¢,�_��� 79 E��IT
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CtTY OF F�DERai. ��`�Y
PL:���r�rc co�t��ESSto�r
November �, ?Q09 City Ha(!
7.00 p_m_ (;oancil Chambus
�tEET(NG !�t[NUI'ES
Commissmners pr�,ent: Hope Elder, Sarady Long, [,awson Bconson, Tom �+tedhurst, and Tim O'Neit_
Comm�.ssioners absenc i4{er(e PEeifer (excusc� and 4L'ayne CarL,on (excisaed)_ Staffpreaez�t� Senioc Planner
Margarei Clark, �sociate Pta.nner MaEt F-Eerrera, Pi-annin� i�tana�er fsaac. Coni�, assutant City ��tocney
Petec B�cith, and �dininuirative �sutant rina Piety_ _ __
Vice-Chau Etder eat(ed the meetu�g to order at 7:00 p.m
AeeROVaL oF �L[�[rrEs
The minutes ofOctober 7, 2009, tvece app�oved a; cs,ritte�
A[JD[ENCE COt�tt4[E1vT
None
An�vmv[sr2arccE REeoRr
l�fane
CONLMCSStO�f BUS[NESS
PUBE.[C EiE�.RiNG — Proposed Deferaient of Open Space F ee-ia-Lieu and Regional Stocma-ater E'a:.i[it�� �ee
Ntr. Heirera deliL�eced the statF pr�sentatiac� Stat� u czcomn�n,duig tttae time of coilection af thz cic�c
mitigation fee� for open space and stocm�vater tacitities be codificd (Federa166at Reyisett C'nde jF44"g `�';
E9_ t0U.060)_ [n addition, the Coaimu�ion u bzic� �ked to eonsider cvhether to defer coilection of the
cnikg�ation fee.i nacnely the Qpen Spac� Eee-in Lieu and Kegionai Stormwater Eaci[ity Fee_ These ace not
cna�datory fees_ T'he devetoper h� a choice of pcoviding open space or a stormu,�a.ter decention fa�ility (not att
devetop�ttents are required to provide aQea space and/or a detention fa.ciiity) or paying the mitigation fec��
Specificatty, the Cammusion u asked to con;ide� the fotla�vi[ig (staff recommends option � 1 tor t�thj:
Open Spac� Fee-in-Lieu
t. Retain the curcent policy wi#h no change;
2. DeEer the collection to Certificate of Occe�ancy, or
3. Uefer to the point af sate
Regonat Stormwater Eacitity Fee
1_ Retain t#te current policv with no change;
Z_ Defer the caliection to Certi�icate of Occupancy, oc
3_ Defer to the point ofsale
Garrett Huffman, Master Buitders Aisoeiation — He appreciates the woctc done hy statf He feeis thu
is not the best time to consider this usue and he u not pushing to chang� HoueVer, defecring payuiecst
to the point 4f sa(e would hefp developers abfiain Eunding. Ete ha.i no objection to option � t- EXH I����
�,��-....�.K... u.►soqm� 80
PAGE.�,..Q��;�
PL•ic�sting Commii�ioa �tinut� Pa�� l � Nocerr�bzr �4. '�(�4
P�+G� s �� --
Cor�mis;ioner Medhut;t com�nented that he agrees with retauwe� ihe current poiicy in regatds to the
stormwater faci(in• btca�s;e that i; the point of impacE, but he do�, not sec a problem with deferrin� the opeca
space to the point ofsate. He;ug�e,ted the city reqcure that the zcitire fee be paid ctitt► the fi�st occupancy'_
ytc Hertera replied that it � tikeiy ttie lots cvould be sold before a stru,cwre u bui[t and defeaing the fee and
ceQuiriag the first oce�aete}� paq the entire fee �c meaiu the entire f� would fali upoce one gureha�ee_
Commusion� Bcoeuoa eocrun�ted that he does not see a probtem «Tth co!(ecting the open space piece�nr,at. [t
woutd mean a�alter amo�u�t at one ticne, but the paymenU wouid come in over a tonger period of time N[r_
Hecrera �espo�ed that the Eees may oaly be wed cvithin a�ingle pack plannin� area in wfiich they are coilected
and tttleey must be used �vidtin tire years_ [t u unGke[}� that a sma(1 a�no�nt of money �vould be feas�bie_
Commi,sionec Long ask� if the atnoeint of the fees would change ovec time. i�[c E[ecrera rep[ied that t� doe�
not trnow for sure [t t�a, not been (egalty tested if intlation can be addea to mitigation fee�. i�Ir_ Hut�'man
comcnented that the city could coiuider an adminutrative fee �of one to avo percent) to handle the defercnent
Comcniasio�ex Loag wa; concerned that in the proposed amendments to 19. tOQ_060(2xb) to codify the
policy of ho�s fees are pczsentty collected, it zctds w it� ".. _ oc as othecwue determined by the Public Woik;
Diract�.° He is coe�r�d that the director cou[d use this to deEer the faz, � is opposite of the staff s
recommendatioa 1tiL,_ Clazk commented that stat�f added that pficase becawe tt►ey cannot anticipate all
possible scenarios_
Commusioner lb[edhucst moved (and it ccas secandecl} to r�commend adoptioa of Option � 1(cucrent poticy)
in re�arcL� to the open space f�-in-[ieu, ecith the a�ition af the n�v tangua�e codifying how• fe�.i are
cottectcd. Comrni;� Long snoved (and it cc�a; secondec� to amend the motion by removing the phase,
-- .--orasothr.�wisedetetminedbr• thz Public 6Voci;s Daectoc,'� from EWRC i9.tU0.060(2)(b)_ Commissioner
O'Nzii cio�sn't sr� a pcanbtem ti�ith the lan�ua�e_ He feeL� it maRes the r�lation more flexible, which he
likw_ Cocn�nusioctierLongcoaunented that h� feet� that the tanwa�e u incoiuucent tic�ith tf� intent of the
staft s recommendation_ V icz-Ch�ir Eidec ca(ted tor the �•ote on the amrndment� [t carr�ied unanuao�uty.
G ice-CE�ir Etder catted �ar the cote on the cnotion as amended [t carried unanienaul}�_
Commusioc�er Bmnsan rnoved (and it cc as seconded) to recocnmend adaption of Option # 1(current poticy)
it� re�ard; to the cegioc�ai;tormwater fa.citity f� with the addition of the ne�,c t�n�ge codiEyang how fees are
col(ecced. but c�leting the ghra�e, -- _..or as otherwue determined bt the Pubtic 4Vocks Diractor_" from t6e
propwed FWRC l9_ lOO.Q60(')(b)- T'here cc�s no diseussion �ce-Chair Etder ralled for the vote on the
motion and it carrie�f unanimou,ly_
The public hearing was c(osed
aDDlT[ONaI. BtlSiNESS �
Me'. Conlen stated that si�ee tcvo Commissioc�rs ara unabte to attend tonight's mzeting, staff deeided it
would be b�,t ro dcfer the eiection of officers untit the next meetictg. r1 meeting could be Eteid just Eor the
election if there is c�o other busic� in Dececnbec.
Auo[��tcE Con�n�Errr
Noue
ADJOURN
The meeting was adjourued at 7_SQ p.m.
�.��,:.,�.��, �,f.�� EXH � � iT � �
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oRn��r.-uvc� vo.
AlY ORDfN��ICE of the City of Federai �'4`ay, Washington. relating to the
timing of open space fee-in-lieu and regeonal starmEr pavments to the citg:
acnending �"WRC 19.100.060 {�mending Ordinance �to. Ord. Ya 90-39)
WEtERE�S, the City cecognizes the need to perioclicaily n�odify Z'itie 19 of the Eederat �Vay
Revised Code (Fi,VRC), �-Zonin� and De� Cocie,� in ocder to coaform to sta.te and fzderai (a.cc_
codify admiaistrative practices, ctarify and update zoning regu.lations as deemed necessar5•, and impro4e
the e�ceieney of the regulations and the decetopment reviecs: proeess; acui
WHEREAS, this ordinance, containing amendment� to devetopment re�ula.tiocu and the telct of Title
L9 PWRC, E�s com�(ied with proceas VE ce�iew, chapt� t4_SO Ft�/RC, pursua.nt to chapter l93�
FW[ZC; and
tiVEfERE:�S, the existin� methods of Rutigation ordinanee does noc addre�s tE�e cucrent
adminuttative poticy foc the timing ot open sQace tze-iii-lieu and r�ianal �tocm�cater fee payments
within the City ot Eedera[ LVay, and
SVHEL2E:1S, it u in the pubtic interest for the Cit�• Councit tc� adopt netc- �.niendniertts tor the F�4tZC
cvhich establui�es deretap�nent r�utatioru for tlie tiaui� of open �pace fee-in-li�u aiid �egion�!
stoc[nwatex Eee payments cvethin the City of Federal Gi�'a� and
WFiEtLEAS, an Enviroctmentat �'t�reshotd Detecminatian cwas aat necessary -as the policy is rela.ted
so(e(y ta_goveczimentat procedures, therefoce ca.te�oricatty �.Yempt from the State Enviconmentat Po�icy
Ac� and
�VE[ERE�iS, the Planning Commission property eonducted a duly noticed pubtic hea.Fing on these
code an�endmeuts on Na�eEnber 4, 2009, and focwarded a recommendatioa oE appras�at to codify the
existing practice to the City Councii; and
WEIEREAS, the Land UsPlTransportaation Committee of the Federat Way City Councit considered
these eode a.cr�adments an (�foven�ber Ib, 2009, and recommended adoption af the text amec�dments as
rec�ded by the Pianning Comnussion;
Ordi�ance No.09- Page 1 oj � �� ��'� ,"
� ��
82 PAGE Z� 0�.��'
������� ��
P��� � �r ��
NOLti, TEiEREFORE, THE CITY" COUNC[t, OE THE C1TY OF FEDER.-�L 6i,'�Y. W�SHNG1'O�J,
DO ORD�1[N �S FOLLOWS_
Section t_ Eindii«i_ The Cit�; Couneil of the City of Federal «�ay nukc� the toHo«�ing tinding,i with
respect to the proposed amendaients.
(aj T'hese code amendments are in the best intecest of the rrsidents of the City and wili beaefit
the Ciry as a cvhote by pcoviding assurance the ciry ceceives cnitigation paymeats foc open space fee-in-
(ieu and regional stormwater faciiiry fees_ "
(b) These code amendments comply with Chapter 36_70:� RC�V, Growth il+tan�ecnent_
(c) These code amendments ace consistent with the intent and purpose of T'it(e (9 EWRC and
c��ill i�tement a�d are consi�tent evEth the appticabte provisions of the Federat Way Comprehensive Ptan
(d) Ttiese code acnendment� bear a subsrantiat retatiooship to, and w il[ prot�t and not advecsely
affect, the public heaith, safecy-, ac�d c`eltar�.
{e) Thcae eode arnendccteiit, hace �ollocved the proper procedure cequired undec the FW[tC.
Scction ?. Conctusions_ Pursuanc to chaQter t9.80 F�VEZC and chapter 19_3� FLVRC, and based. upon
the recitaV and the tindi�i�., �zt forth in Sc:ction i, the Federat �Vav City Councii atakcs the follo�ti'ing
Conciwiocu of [,acc- 4vith respect to the deeisiociat r.riteria necc�sary- �or tt►e adoptiva ot the prc�posS:d
amendmen�:
(a) The propwed F44FRC amzndm�ents are consutent with, and �tibSGlitt(d�ty i[CIpIC[IIC[Lt, t�1C
foliocoing Federa[ tii/ap Comprehensic�e Pl�n goais and policies:
CFPE - Pro�ide needed.pubiic facilities andservices to i�lement the Eedera! Wa}
Comprehensive Piaa
CFP6 - Protect i�vestment� in exisring fa.cititees thraugh an appropciate tevei of maintenance
and operatiou £unding.
CFP13 - Pror the capita! f�citities needed to serve the future growth anticipated by the
Eederal �Vay Co�rehec�sic�e Pla.n_
OrdrRanc2 t1/o D9- Page 3 of 4 P.e+� '�+I i LL-"
83 EXH�l�1� �� -
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P�►�x��`��. �
(b) The proposed F�V[ZC amendcnent bears a substant�at relatiocuhip to the pubtic heafth, safety,
and evetfare as the cuirznt point of co(tection poiicy ecu�►res payment, protects ie4ei of service and
procidc� coruistency_
(c) The proposed acnendment is in th� best interest of the pub(ic and the residents of the City o€
Federa! t�Vay � the curreat policy assures pay�nent of regiona� stormw fees at tfte point of iu�act and
assurance thax open space fee-in-tieu u paid
Sectioa 3_ F�tiVRC !9. tOQ_060(2} i� hereby amended to read as fottocvs:
[n lieu ot dedicarion of fand or ta miti�ate a direct imEpact tha.t [ias been identified as a
cocuequeRCe of a praposed decetopment, the ciry may approve a votuutary pay�ent agteement if
deemed necessazv: with the developer, provided no such agreement shalt be required as a
conditioa af appros� and shali be subject to the fatEowing provisiocu:
Sectio�i �. Chapter t9. {00 ot thz FtVRC u hereby am�nded to add a nzcv ;eetion [9.100_060(b) to
r�ad a.s fol[otv
Unl�� c�th�r«�ise s�ipu(ated in the FtSi RC onen sp�.ce fee-in-liee�. pav�nent shatl be m�ade �rioe to.
ptat rzc�rdin� fur ta.nd di` ision and �tocmcaater n�a.na�ecnent fees shail be made at en�ineerinQ
.��ro� for ptau and buildici issuanee for a(! other developmenL
Section �. Secern.bility_ T'Iie prosuiocu of thu o�dinance are declared s�garate and se�erable. The
incatidit} ot any c[ai�e, senteac� paca.graph, subdivision, section, or portio� oE this ordinancP, oc ttte
invatidity ot the app[ica.tion therc�E to any pe�son or circu�tance, shatt not affect che validity of flie
rema.iader of the ordinance, or the validiry of its aQptica.tion to any other persons or circu�mtances_
Seetion 6. Cocreetions_ The CitSj Cterk and the codifiers af this ocdina.nee are authorized to matce
necessary eorrections to this ordinance inetuding, but not timited to, the correctian oEscri�en�/clericat
errocs, re£erences, ordinance ceumberen�, secrion;'subsection nu�ers and. any references thereto.
Section 7. Ratification. ?�ty act cocuistent with the authorily and pROr to the effective date of this
or�iRance is f�ereby ratified and aff�..
Ordinance Nr,. f/4- Pag� 3 oj4 �1� ��'� �
t\
84 PA�E 2., �._0�_?�� __
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Section 8. Effective Date_ Thu ordinance shali be effectit•e ft�e (�) days after p ac � z and publicatio
as provided by iaw_
P:�SSED by the City Counci! uf the Citj ot Eedera[ tt�ay chis da.y of
2U09_
ClTY OF FEDER.�L. WaY
MAYOR, I�CK DOVEY
ATTFST:
CITY CLERK. CAROL �[C�tE[LLY, CNiC
f1PPR0�'ED :�S TO FOE�[:
C[Z'1�' �.TTORNEY. P �1'RfCt � :�. (t[CE[.aRDSOiv
F[LED W[TH THE C[TY CLERK:
P. BY'CHE C[TY COUNC[L:
PUBLtSE[ED=
EFFEGTIVE UATE:
ORDQVAIVCE NO.:
(C.bt10')C.ode Am�dm�to�xt feePu�oCCuOeaioa:Ui[�C.ft,e 7L's Fse Pr�meat Orut Ordiuu%�k�e
Ordir�ance No.09- Paga � oJS Rav ;�'14 Lti
85 EXHI�iT:,;.�..
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CIIY UF �
����ra� ��'�y
L�.YD L1SE/TRAIVr�PQRTATIO�i COM�'IiTTEE STAFF REPORT
narE:
To:
V[.a:
Ftto;�t:
December t, ?OU9
Chair Linda Kochmar, Committee Members lim Ferretl and Dini Duclos
Bcian LS�'ilson, [ntecim City• l�tanager �J � I���'�t ��
Greg Fewins, D'uector ot Communiry ve opment Se��l�s
Matthew F[eriera, associate Plann��
SUt3.tECt': Fotlow-up to Voceinber t6, ?009, Land Use� ['cansportation Committ� (LUCC)
t�teetiag re�rding the Deferment oCOpzn Space Fee-in-Lieu ant! Regiona!
Stormwater Eacitity Fee
t�tEETG`G DATE: December 7 2009
�_ PO[.ICI" QtiESTiO�Y
Shou[d thz City adopt a palicy to deter the payments c►f opzn ��ace t�z-in-iieu an�i regionai
stormwater facility fees to a time later in the developm�nt pra:ess, oc shouid the city maintain it,
current po(ic}� of cotlectio� of open space fee-in-lieu prior to plat r�cording aad co(iet;tion ot regional
sto€mw tees prior to engineering approcal`' Furthzr, ;hould the City add language to Federal Wc�y
Recised Cocfe (E4VRC) Chapter t9.l00, "Miti�a.tioci ofDec [mpaets" to eodify the exutin�
poticy, if this option is chosen'
B_ Bachc�zou�ro
The Cand Use�Transpoctatioa Committee (LUTC} cotuideied the above poticy question on Manday,
�Vocember t6, 2004. The committee requested cvritten responszs tcom Sazn Pace oEthe Seattle King
County Realtors and Carcett ({utFinan Qf the Master Builders :\ssociation outlining their cespective
o�ganizacions' posetion reaardiaa the deferment of ce�iona{ storcn�cater fees assessed by the city. The
eocnmittee diceeted staE� to obcain and tfien forw�rd those responses to the Deeember 7, 2009, LUTC
[neeting.
As stated in the attached letters (Exhibits � and 6) Mr. Pac� and i�ir. EfuEfman have requested the city
defer the cotlzction of regional stoemwater fees to the point ofsate tor single-tamily residentiat
de��lopment and Cee#ificate of Occupancy for commerc�al and c��utti-family developmeat
.
����������
Q�� � of, PA���OF,?�
: , � 86
The totto�cin� responds to a question raised durina thz �tot°ember 16"' LUTC R1ZZhRg Cz�3iC�I[l�
sp��:itic costs of the re�ionai stormwater faciiiry fze. tisted in the table below arz regional ponds that
can br ut�hzzd by de�•eioprrient to pcocide off'sit� storm«�ater flo«. To utilize thrs� ponds, the
de�elopmznt must be within one of the three basins and pay the associated pzr acreage tee. The fez-
in-lieu u caiculated based on tt� encire area of the parcels being developed_
Reaional Poad Cost/�cre Funds Still Owed to P«' Trust Fund
{:ict, Comer $3.700-S12,S37 � 1.39Z.;00 ($198K ec vear paqmznti
Panther Lake S 1,7?3 -
St� ;�0� Sc 1 �7,597
C_ PL.-1.N;Y4�tC CO�t�ItSStOY RECQi�t1HEiYDAT[OV
"i'he citc� "s Piae�niaa Commession recommends the city maintain its current policy of collection of
open spa� fee-in-lieu prior to plat recording and coliection of e�egiona( stamwatef fees prior to
engineerin� appcoval. Furtlier, tEte Ptanning Commission recommends adding lanwagz to E«tRC
Chapter t9. t04. "l�fiti�ation of Development impacts" to codify the existing police as sho�cn in the
drat� adoption Qrdinancz.
Public ��"ork staffconcurs with the Planning C'ommtis�ion recommendation that the rzgionat
storcnwate� tze colk�c:tiun policy remain at engineerin� appr�tat due to the folio�vin¢:
Dcainage impacts occuc as sooa as site ctearin, begins.
T�Etz deczlop�r �s not cequired to uti(izC dztcntion capaciry within a cegionat �oad. Shou[d
the tlzcelc>per choose, on�ite detention can be uszd to meet tlo�z control cequirements.
Ha��ing a dec cvithin a basin that cirairi� to a re�ionai tacility a(lo�c•s the dzc
tu se1��t Ihc: ieast eost option.
The Sucface �Vater Utiiity witl continue to mak� payments of approximately $[98.000 pec
year on the Publie 4Vori:s Trust �und loans, wzcl to construct the Kitts Corner facitity anc!
eontieS�ane� icnprovements in thz assoeiated �c-atecshzds thru ?419.
x-� c,�a� a�,-� �« r�.��i w+�,.wrci��w urrc �o.,�
' This raage u baxxl on the sc�bjzct. propact}•'s distanrx w tha faciliiti. Tha turt��x t[�cc prup�tc is Erom tha tiaciiity. the hig�r tttz
ca,t This ia c� iai i�xe3szil �fra�tuexure impeoveme;nt cost, to coavey the �orn+.iater.
_ .,.. _-.._...__. . � � . , Page 3 of'_ ���"����� ,�.
,. . .�...� . . - -____ _ .. . - . $, PAG�.�_0��
� � ��ASTER BUI�DERS
A��t�Clf�TiON
��
\o �°ember 30. 2009
Lintla Kochmar, Chair
Fedzcal W`a}� City Council LUTC
3332� 8th Ave South
PO B�s 9718.
Federal E'Vay, WA 980b3-4713
DELIVERY: e-maii �lo Tina Piety at: tina.�iet�� ��citvoffecf�r�lwav.�;om
:�i��:=. :ui?Gr:t :\:+:n, i._�i�,'x
::. ;\i1: ° .293t] >RCfi]c):ii4�?' !:i)'ZiiIL:S
:__ . Ei�tS. .l'.�. SF
3�::_, `.t`zt"i±:�ta�: t�t�73
`:?�: .�1-'9?�:: t'R(iO�;_._-3?ii�i
:s,-; nkti-;i1S�
ti: ... �i.itil°C::.�tF��__�ti_'_.:t7. .i�i�"
RE_ Timin of Cotlectic�n of tormwater Fees
�, _ � _ .
! ... ..�:� , � � .v r,�t. �
Dear Chai hmar, Cou��b�� Ferrell, and Cou��a�r Duclos:
On benalf �f the more than 3,900 iz�embers of the 1;'(aster Buitders ;associatic�n of King and
Snahomish Counties (MBA}, i arr► �,�ritiaa to you {as you requested at the mQSt receni meet'rn� af
the Land C;se and Transportati�n Comtni�tee) to foilow-up on the issue of timing for collection
of ;t�rnitivat�r fees.
:�� you know, the request Eor the City t� defer thz cotiection of Storniwater Fees until r�iuch (ater
in the construction process is part of a series of recommendations I made to Ctte City last January
for locai Econamic and Hausing Stimnlus Options. My �aekage of recommendations included
�e �iniil� request regardin� other fees imgosed on nec�:ly wnstruct�d hon�es - su�h as the
Transportation [mpact Fee - and we appreciate th� actio�i the CiEy has taken recendy r�gardina
th� Transportation Impact Fee_
VVith regard to the deferdng the coltection of the S'tormctiater Fee until later in the construction
proczss, please perm'rt mz to make four paints to augnlent and clarify my remar�s �t the Ptanning
Commission:
First, t� rny knos�%lecl�e, I do not have Fnembzr with projec€s curren€ly in the develaprnettt
gipeline in the City c�f Federai Way, That is the reason I was willing for ihe matter to be deferted
untit this coming surnmer {atong with the other reniainin� recommendat'rons in tt�e Eeonamic
and Housing Stirnulus Options), ratfier than actinL immediateiy. I understand there vvas some
confu�ion about whether or not we wfluld support a detay of two �ears. We woalr� not. Because
u•e de� not have projec�s in the �igeiine in F�dzrat V4`ay at ihe moment, I felt a deiay unti! this
s��narr►er w�t� probably doable, hut not a dzlay of two years.
GA�l�I� �
PAGE���_ �i`� �
8�
TO� Hoa. Liada Kochmar, Chair, & Federal Way LUTC 1�Iembers; c/o Tina.#':c:;:aCit�°OtFederai�4'a�•.com
ERO�i: Sam Pace. Nousiag Specialist, Seattie KingCounty REALTORS7
RE: Timing of CoUection of Stormwater Niitigation Exactions
�aTE: November30, 3009
PaCE: 2 of 3
revenues (tivhich help to fund many of the City's capital costs associated with infrastructure
improvements to accommodate economic growth), and construction-related property tax
revenues in ercess of the 1% timit, are alt dependent upon the recovery of real estate.
As [ explained in my testimony to the LUTC on Nuvember 16th, REALTORS� supported
collecting the new trarisportation impact fee as late as possible in Federa.l Way, as Long as the
City required the builder to clear the City's lien from the title to the home before the lst buyer of
the home received title. Delaying the collection of that payment until closing minimizes the
impact of the fee on both the builder and the new horne price (because it eliminates the interest
carrying cost on the fee).
The same rationale applies to Stormwater Fees, oniy more so_ Why? Because the Stormwater
Fee is mereiy for cost recovery in connection with facilities that have already been constructed
and are already in place to serve the new development. As a result, the timing of the coltection
of the Storm�vater Fee will not affect water quality or the management of starmwater because the
City's two stormwater facilities have aiready been constructed and are atready in-place_
Given the uncertainty of how long it wil( take the new construction housing market to fully
recover, the proposed change for Stormwater Fees collection would help to encourage builders to
be�in building sooner rather than later (by minimizing the potential for longer interest-paying
holdinJ periods on front-loaded fees) and hetp to enhance the ability of projects in Federat Way
to obtain tinancin�.
With regarcl to the sta�fs concerns about "certainty of cotlection" on mutti-family and
commerciai projects, we concur with Mr. Huffman that:
!n the absence ofsome other mechanism to provide "certainty of collection" on multi-
family� rental projects and commercial projects, we lvozeld support the Stormwater Fee
being due and payable as a condition for issuance of a Certificate of Occupancy {CO) on
mt�lti faniily and commercial projects. �
If you have addicional questions, comments or concerns, please do not hesitate to contact me.
Sincerely,
SEATTLE KINGCOUNTYREALTORS�
� ��
Sam Pace, E{ousing Speciatist
29839 - 1��ith 4ve SE
Kent, �VA 98042
Sa�nPac�;:�i� C �ncentric_net
(2�3) 630-»=�1
cc: David Crowell, JD, SKCR Director of Governmental & Public Affairs
SKCR Governmental Affairs Committee ������� �
P�1�� ��1 �� ��
89
Exhibit IV
Planning Commission Staff Report & Minutes
January 6, 2010
90
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} t ., ..
.� .� � � �� .q/ , � i� �.�.
PLA�INING COMMISSION STAFF REPORT
DATE: Dece�nber 30, 2009
To: Cbau� Merle Pfeifer and Members of City of Federal Way Platming Commission
FttoM: Greg Fewins, Director of Commu�ity Develapment Seivic�
Matth�ew Herrera, Associate Planner �
Sus�cr: Deferment of Open Spa.ce Fee-m Lieu an.d Regional Storm.water Facility Fee
MEETING DATE January 6, 2010
A. Por�[cY QvESTTON
Should the city adopt a policy to defer the payments of open space fee-in lieu and regional
starmwa.ter facility fees to a time later in the development process, or should the citq �maantain its
current policy of collection of o�en space fee-i�lieu priar to pla.t recarding and collection of regional
stormwat� fees prior to engineering approval? Fiuthes, should the City add langua.ge to Federal T�ay
Revised Code (FWRC) Chapter 19.100, "Mitigation of Devetopmeixt Impacts" to codify the existing
policy, if this option is chosen?
B. ATTac�rs
Exhibi.t I— Packet for December 7, 2U09, Land Use Transportati.on Committee (LUTC) Meeting
Exhibit II— Packet for November t 6, 2004, LLTTe Meeting �
Exhbit III — Minutes for the November 16, 2009, LUTC Meeting and Draft Minutes for Ehe
Dece�er 7, 2009, LtTTC Meeting
C. BACKGROII1�iD
The pro�osed code amendments to retain the existing policy of accepting apen space fee-iu lieu
payments priar to final pla.t recording and starmwater fees prior to engineering approval were
presented to the Plauning Commnssion at a November 4, 2U09, public hearing. At that time, the
Commission rccomniended that fhe city maintain its cuirent policy related to collection of open space
fee-in lieu and regional stormw�ater fees. Flu�tt►er, the Planning Commission recommended adding
language to FWRC Chapter 19.104, "Mitigation of Development Impacts" ta codify the existing
policy as shown in the draft adoption o�dinance (Exhibit 4 of Exhbit I�.
1fie Planning Corumission's recommendation (Exhibit 4 of Exhibit In was presented to the LUTC on
November 16, 2009. At that r�eeting, Sam Pace of the Seattie King County Realtors stated that there
��C�����' ��
91 �AU� __�___" ��._
was a stronger case for retaining the policy of collecting open space fee-in lieu payments prior to plat
recording but requested that the regional stormwater facility fees be collected at Certificate of
pccupancy. The committee then requested that sta.ff obtain written responses &om Sam Paee of the
Seattle King Coiinty Realtors �.nd CCr�trett Huffiman. o€ the Master Bu�ders Association outlining their
respective organizations' positi.on regarding the deferment of regional stormwater fees assessed by
the ciry. The comnzittee direct� staff to fa�avard those responses to the December 7, 2009, LUTC
meeting. As stated in the at#ached letters (Exl�bi� 5 and 6 of Exlubit n Mr. Pace and Mr. Hufftna.n
have requested the city defe.r the co�lec�ion. of regional st<�rmwater fees to the point of sale for single-
fau�ly residential development and G��te of Occupancy for commercial and ma�lti fa�Y
develapment
pn Decemb� 7, 2009, followi�g t�y fra�n Mr- Pace, the LLTI'C referred the pra�posed
deveio�m�ent regula.tion a�omendment back to the �lalnring Commissiori frn' further proc�d�gs
p�ssuant to city coimcil action grov;sions witiri�a rWRC 19.80.zfio(3)(c� (Bxhibit In.
D. STAAFP', RECOMIVIFNDATION
The staff recomnnenda.tian rem�i�s �mctianged from the o�riginat November 4, 2009, Sw,�`'Report to
the Ptanning Commission. That repo�t recon�n�ended reta�ing the current open sPace fee'i�"liea and
regional stormwate� facili#y fee collection poficy with no change.
�i , pI,qNNING COMNIIS5ION ACTION
Consistent with the provisions of FWRC 19.$0.240, the Plazming Commission may take the following
actions regarding the praposed developmen.t regnlation amendments•
1. Open Space Feean-Lien
a. Reeomnaend to t3�e City Coimcil that the existing policY of accepting oPen sPace fe,�-in lieu
payments prior to final pla.t recording be retained and tbat the languaSe be clarified as shown
in Exh�bit 4 of Exhibit II. (This is the original Plannmb C°�s�an �O��
b. Modify the Planning Commission's original recoxnmendation and forward to Goun+�iL
c. Farward the policy question to the City Council without a recommen.dation-
2. Regional Stormwater Facility Fee
a. Recommend to the Ciry Cowu�1 that t1�e existmg Policy of accepting stormwater fees prior to
engineering appraval be retained and tha.t the language be clarified as sliown in Exh�btt 4 of
Exhibit II. (This is the original Planniug Commission recommendation)
b. Modify th� Planning Commission's original rec:ommendation and forward to Council.
c. Forward the policy qaestion to the City Council without a recommendation-
x:�9 caae arae�auunm�Imrs�c Fa Panc af con��oa�PSs�in� ca��n�Dio610 sraff tk�raoc
92
i
EX���3��' �
PAGE�_��__��__
Planning Commission Minutes Page 2 January 6, 2010
PUBLIC HEAR[NG — Proposed Deferment of Open Space Fee-in-Lieu and Regional Stormwater Facility Fee
Mr. Herrera delivered the staff presentation. The Planning Commission held a public hearing on this issue
on November 4, 2009, and recommended to retain and codify the current policy of open space fee
collection prior to plat recording and regional storxnwater facility fee collection prior to engineering
approvai. Following the Planning Commission recommendation, the City Councit's Land
Useffransportation Committee (LUTC) has held two public meetings regarding this poiicy issue. At the
November 16�' meeting, the committee requested Garrett Huffman of the Master Builders Association
(MBA) and Sam Pace of the Seattle King County Realtors to submit written comments on the issue and
present those comments at the next LUTC xneeting. At the December 7`� meeting, Mr. Huffman and Mr.
Pace submitted comments proposing to defer the regional stormwater facility fee to point of sale for single
family residential and Certificate of Occupancy �or commercial and multi-family development. The LLJTC
then returned the item back to the Planning Commission for further proceedings.
StafPs recommendation remains unchanged from the original November 4, 2009, staff report to the
Planning Cominission. That report recommended to: retain and codify the existing policy of collecting
open space fee-in-lieu payments prior to final plat recording; and retain and codify the existing policy of
collecting regional stormwater facility fees prior to engineering approval.
Garrett Huffman, Master Builders Association — He commented he is confused why this issue
has come back to the Planning Commission at this point. It is his understanding that the
council feels all fees the city collects should be done through escrow and that they wiil be
requesting staff to prepare an ordinance regarding the collection of all fees. Given this, it
seems the P.lanning Commission should wait on this issue until the future ordinance.
Mr. Herrera commented that in regards to the School Impact Fee, the Federa.l Way Public Schools
implements the policy and the city simply collects the funds. In 2009, the council adopted an ordinance in
regards to Traffic Impact Fees and when they will be collected. That ordinance becomes effective in June
2010. The only two fees in question in regards to when they are collected are the open space fee-in-lieu
and regional stormwater facility fee. Mr. Fewins commented that staff understands that the LIITC's
request is for staff to re-present the question of when open space fee-in-lieu and regional stormwater
facility fees are to be collected to the Planning Commission and to include the comments from Mr.
Huffman and Mr. Pace, which the Planning Commission did not have at the last public hearing. Mr.
Beckwith concurred.
Commissioner Carlson commented that he is also confused because he thought that in the future all fees
would be in the same section of the city code. He does not see a need to collect all the fees at the same
time. He feels fees should be collected when the impact occurs. Chair Pfeifer went over Mt. Pace's
comments and stated he agrees with them on the surface.
Commissioner Bronson commented that it is his understanding that a developer has a choice about whether
to build their own stormwater facility or use a city facility and they would only pay the stormwater facility
fee if they chose to use a city facility. He does not think it is unreasonable to request the funds be paid up
front. Commissioner Elder commented that she feels the Commission made a thoughtful and right decision
last time and sees no reason to change that decision. Commissioner Long commented that stormwater
facility fees are compararively smail and he sees no reason why they cannot be paid up front.
Commissioner Bronson moved (and it was secondec� to recommended adoption of the staff's
recommendation (Option 1) for the open space fee-in-lieu. The motion carried unanimously. Commissioner
Bronson moved (and it was secondec� to recommended adoption of the staff's recommendation (Option 1)
for the regional stormwater facility fee. The motion carried unanimously.
������� �
K:�Ptanoing Camdssion1201�Meaing Sumnary 01-06-10 doc 9 3 PA�� _���=
Plannin� Commission Minutes Page 3 January 6, 2010
The public hearing was closed.
PUB[.[C HEARING — Amendment to Expand the Size of Health Clubs in the Neighborhood Business
(BN) Zone
Mr. Lee delivered the staff presentation. He went over the background of zoning for health clubs in Federal
Way. Currently, health clubs are allowed in the Neighborhood Business (BN) zone with a 25,000 square
foot maximum size limitation. In 2008, a health club facility apptied for a variance to exceed the square
foot limitation to occupy an existing vacant 43,061 square foot Atbertson's building within the BN zone.
The apptication was ultimately denied by the hearings examiner. The city wants to improve the occupancy
of larger vacant buildings (such as the vacant Atbertson's) and the tenant spaces in the BN zone, many of
which were built prior to the 1990 incorporation of Federal Way_ The proposal is to amend the Federal
Way Revised Code (FWRC) Chapter 19.215 related to the size of health clubs in the Neighborhood
Business (BN) zone by adopting one of the follo�ving possible options:
1_ Remove the square foot limitations for health clubs in all BN zones.
2. Remove square foot limitations for health clubs only for those parcets in the BN zone
located in the vicinity of 21�` Avenue SW and SW Campus Drive.
3. Increase the square foot limitations for health clubs in all BN zones to 45,000 square feet,
or;
4. Allow health clubs of more than 25,000 square feet within all BN zones with a Process IV
Hearing Examiner Decision and decisionai criteria to assess potential impacts to adjacent
residential zones.
Mr. Lee went over the pros and cons of each option (found in the staff report). Staff recommends Option
#2 because it serves the greatest good with the least amount of impact. Mr. Lee also stated that the city
received three email comments which may be found attached to the staff report. The meeting was then
open to public comment.
Michael Chen, Group McKenzie — He thanked the staff for their work. He supports the staff
recommendation.
Laurie Montgomery, Lighthouse Laundry Owner— She commented that the Albertson's building
has been vacant for over three years and has had a detrimental effect on all businesses in the area
(graff`iti, vandalism, etc.). Other shopping centers in the area have been recently remodeled,
leaving the Albertson's area looking bad in comparison. It woutd be a win-win situation to ha.ve a
heaith club in the old Albertson's building. She and her husband (Patrick Montgomery) support
the proposed amendment.
Commissioner Elder expressed concern that the city would be "spot-zoning" with this proposal since it
only affects health clubs. Mr. Beckwith replied that since it does not identify a specific site, it is not spot-
zoning. Commissioner Elder asked if the city is discriminating on behalf of health clubs. Mr. Lee replied
that different zones throughout the city have different size requirements for different types of businesses.
Commissioner Bronson commented that there are only about six or seven properties in the entire BN zoning
districts that can accommodate a lazge building. Given this, he suggests the Commission consider Option #t
(removing the square foot limitation for health clubs in all BN zones). Mr. Lee commented that staff has not
analyzed all the BN zones and therefore, do not lrnow for sure if there are only six or seven properties.
Commissioner Carlson agrees and stated that health clubs are a good fit for neighborhood businesses. Mr.
Fewins commented that staff dces not object to Commissioner Bronson's proposal. Later this year, staff
EX����._�_.
94 �#'!�� � L3��_
K:lPlanning Comnission�?OIOIMeeting Summary 01-06-10.doc
Planning Comn►ission Minutes Page 4 January 6, 2010
intends a more comprehensive analysis of the BN zone, which may lead to additional proposed
amendments. In the meantime, the city council directed staff to address the health club size issue, hence the
current proposaL
Commissioner Medhurst commented that the proposed amendment could help alleviate traffic in the city
center by keeping people closer to home. Commissioner Carlson moved (and it was secondec� to
recommend adoptian af Option #2. The motion carried unanimously.
ADDITIONAL BUSINESS
None
AUDIENCE COMMENT
IVone
ADJOURN
The meeting was adjourned at 8:00 p.m.
. .. 95 �d►����� �
K:,����o,o�,��„o,��o� PAG �_��� ta .�
COUNCIL MEETING DATE: N/A
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
__......______ _-
SuB,rECT: Subdivision Application Materials for Land Use and Transportation Committee Packets
BACKGROLTND At the March 15, 2010 meeting, committee members requested the size of subdivision
application packets be reduced To ensure consistency, the attached memorandum identifies subdivision
application materials to be included in future committee packets.
COlVIMITTEE Land Use and Transportarion
CATEGORY N/A
❑ Consent
❑ City Council Business
STAFF REPORT BY: Greg Fewins, Directar
■
■
Attachments: Memorandum dated Apri18, 2010
STAFF RECOMNIENDATION: N/A
CITY MANAGER APPROVAL: �_
Committee
COMMITTEE RECOMMENDATION N/A
Ordinance
Resolution
MEETING DATE April 19, 2010
❑ Public Hearing
❑ Other
DEPT Gommunity Develapment
Services
DIRECTOR APPROVAL:
Council Con�rnittee Council
Comrrrittee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION "I move approval of "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPRO VED COUNCIL BILL #
❑ DENIED 1
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 02/06/2006 ' RESOLUTION #
96
C€3y' fJ�
s.::>::�` �� � �� �
DATE: Apri18, 2010
To:
FROM
VIA:
RE:
�
MEMORAND UM
Land Use and Transportation Committee
Crreg Fewi Director of Community Development Services
�rian Wilson, City Manager/Police Chief ��'
Subdivision Application Committee Packets
At the March 15 2010 Land Use and Transportation Committee ("LUTC") meeting, committee
members requested that staff reduce the size of agenda ma.terials related to subdivision
applications. To ensure consistency, subdivision application materials included in future LUTC
agenda packets will only include the following information:
• Agenda cover sheet
• Hearing Examiner recommendation
• Staff report without e�ibits
• 8'/2" x 11" vicinity map
• 8'/2" x 11" plat map
• Resolution
One paper copy of the complete record will be provided in the council office area prior to LUTC
and city council meetings, and can be made available at the dais during the meetings. No
additional materials will be added to the packet between the LUTC and council meeting for final
action.
97