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LUTC PKT 08-02-2010City of Federal Way City Council Land Use/Transportation Committee August 2, 2010 5:30 p.m.__ __ City Hall Council Chambers MEETING AGENDA (Electronic) 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/Description A. Approval of Minutes: )uly 12, 2010 B. Nautilus NTS '10 — 4 Ave S(S Dash Point Rd to S 308 St) C. Lake Dolloff NTS '10 — 33`� PI S/S 334"' St/38 Ave S/S 328"' St (Weyerhaeuser Way S to Military Rd. S) D. Residential Off-Street Parking Requirements E. 2010 Pedestrian Safety Projects — Preliminary Project List and Authorization to Bid F. Speed Limit Ordinance — Proposed Changes Action Presenter Page or Info LeMaster 2 Action Hannahs 5 Action Hannahs 8 Action Herrera l i Action Zukowski 39 Action Zukowski 42 Action Council Date Time N/A 5 min. Sept. 7, 2010 5 min. Consent Sept. 7, 2010 5 min. Consent Sept. 7, 2010 10 min. 1�` Reading Sept. 7, 2010 10 min. Consent Sept. 7, 2010 ZO min. 1� Reading 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be held Tuesday, 9/7/10 at 5:30 PM in City Council Chambers prior to the City Council Meeting. Please note that the 8/16/10 LUTC meeting has been cancelled and that Monday 9/6/10 is a holiday. 6. ADJOURN Committee Members City Staff Dini Duc%s, Chair Cary M. Roe, P.E., Directo� ofParks, Pub/ic Works and Emergency Management Jim Ferre/% Membe� Dar/ene LeMaste�, Administrative Assistant II lack Dovey, Membe� 253-835-1701 G. �LUTC�LUTCAgendas and Summaries 1010�8-1-10 LUTCAge�a.doc City of Federal Way City Council Land Use/Transportation Committee July 12, 2010 City Hall 5:30 PM City Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Dini Duclos, Committee Member Jack Dovey and Committee Member Jim Ferrell. Council Members in Attendance: Mayor Linda Kochmar and Council Member Burbidge Staff Members in Attendance: Director of Parks, Public Works, and Emergency Management Cary Roe, Deputy Public Works Director Marwan Salloum, Deputy Public Works Director Ken Miller, Surface Water Manager Will Appleton, Street Systems Project Engineer John Mulkey, City Attorney Pat Richardson, and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Duclos called the meeting to order at 530 PM. 2. PUBLIC COMMENT There was no public comment. 3. BUSINESS ITEMS Forward Topic Title/Description to Council A. Approval of the June 21, 2010, LUTC Minutes Committee approved June 7, 2010, LUTC minutes as presented. Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0 N/A B. West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements 7/20/2010 Project — Bid Award Consent Surface Water Manager Will Appleton presented information on this item. There was no public comment. Committee Member povey noted that this bid is the first bid in quite some time where many of the bids came in over the engineer's estimate. Mr. Appleton stated that the estimate for the project was just an estimate. Should the economy continue to improve, bids may be closer to the engineer's estimate on a more regular basis. Mayor Kochmaz asked if staff had analyzed the bids and noted that Lloyd Enterprises' bid was so much lower than the other competitors. Deputy Public Works Director Miller explained that Lloyd Enterprises' bid came in lower in the excavation part of the project. Because Lloyds pit and headquarters is so near the project site, there is considerable cost savings in fuel, transportation costs, staging areas, etc). Chair Duclos asked why Schedule B was included in the bid; why didn't the contractor work with the private property owner directly. Mr. Appleton referenced Council having had approved staff s request to bid the project this way. Staff didn't want to complete their part of the work independently of the private citizen as this could result in having the City's work undone in order to start Schedule B. Bidding both schedules together made the most sense and will be the most efficient. A separate agreement was drafted between the citizen and the City. The fee for Schedule B is 100% the responsibility of the property owner. Committee forwarded Option #1 as presented. Moved: Ferreli Seconded: Dovey Passed: Unanimously, 3-0 2 Land Use/Transportation Committee Page 2 July 12, 2010 C. Grant Funding for Transportation Improvement Projects 8/03/2010 Business D. E. Deputy Public Works Director Marwan Salloum presented information on this item and then summarized staffls procedure in procuring grant funds. There was no public comment. Committee Member Ferrell asked for the total annual CIP budget amount. Deputy Director Salloum stated that $1.6 M from the utility t� funds is given to the CIP budget for 2011 and again for 2012. Grant funding is coming from the state Transportation Improvement Board (TIB). Committee Member povey asked for a status report on the S 352" project land acquisition, particularly on acquiring the fifth parcel for this project. Director Roe gave a brief background summary of the S 32" Extension Project and the progress made to date on securing all needed land for right of way dedication. Director Roe has had ongoing conversation with the fifth property owner and plans to meet with that property owner this week. Director Roe also explained that both the S 352" Street Extension Project and the SW 336�' at 21 Ave SW Intersection Improvement Projects have yet to be evaluated and scored by the TIB. Staff has preliminarily self scored both projects and feels that the SW 336�` at 21 Ave SW may have an advantage over the S 352" project; however, that is speculation and won't be know until the TIB scores each project. Once, staff lrnows what funding is available for either project, Council can decide which project to give priority to. Deputy Director Salloum reminded the Committee that at the present, staff is recommending that the City applies for grant funding for both projects. Committee forwarded Option #1 as presented. Moved: Ferrell Seconded: Dovey Passed: Unanimously, 3-0 Proposed Amendment to FWRC — Appeals of Hearing Examiners Decisions City Attorney Pat Richardson presented information on this item. There was no public comment. City Attorney Richardson reiterated the City's current practice of handling appealed Hearing Examiner decisions as well as the recommendation for a change in that procedure, brought forth this evening. The committee acknowledged the few times an appeal to the Hearing Examiner's decision was heard by the City Council. As the issue currently stands, the applicant was also appeal the Council's decision in an appeal and from there, take it to the Supreme Court. Committee Member povey asked if these appeals would cost the applicant a great deal more than just the Hearing Examiner's decision. City Attorney Richardson stated that the applicant would be responsible for paying their own attorney fees. There was discussion surrounding the pros and cons of eliminating the City Council appeal hearing, and taking an appeal straight through to the Supreme Court. The process as it exists today is a result of the current Code. Councilmember Burbidge spoke in support of the staff recommendation. Committee forwarded item to the July 20, 2010 City Council Business Agenda without recommendation. Moved: Ferrell Seconded: Duclos Passed: 2-1, Dovey dissenting Department of Ecolog,y Stormwater Grant — FY 2012 Grant Funding Offer Surface Water Manager Will Appleton presented information on this item. There was no public comment or discussion. Committee forwarded Option #1 as presented. Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0 7/20/2010 Business 7/20/2010 Consent G:�I.UTC\LUTC Agendas and Summaries 2010\7-12-10 Minutes.doc 3 Land Use/Transportation Committee Page 3 July 12, 2010 F. 4. OTHER Department of Ecology Retrofit and LID Competitive Grant Surface Water Manager Will Appleton presented information on this item. There was no public comment or discussion. Committee forwarded Option #1 as presented. Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0 7/20/2010 Consent 5. FUTURE MEETING The July 19, 2010 LUTC meeting has been cancelled. The next scheduled LUTC meeting will be Monday August 2, 2010 at 5:30 PM in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 6:07 PM. Attest: COMMITTEE APPROVAL: Dini Duclos, Chair Darlene LeMaster, Administrative Assistant II Jim Ferrell, Member Jack Dovey, Member G:\LUTC�I,UTC Agendas and Summaries 2010\7-12-10 Minutes.dce 4 COUNCIL MEETING DATE: September 7, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: Sus.�cT: Nautilus NTS — 4�' Ave S(S Dash Point Road to S 308 St) POLICY QUESTION Should the Council approve the installation of two speed humps on 4`" Ave S? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business FI ■ Ordinance Resolution MEETING DATE: August 2, 201 O ❑ Public Hearing ❑ Other STAFF REPORT BY: Jesse Hannahs, P.E., Senior Traffic Engineer __ L DEPT Public Works _ ......................................_............................._.._._....................... ...................................._...._._ .._................................................... ..............._............... sJ........__._..........__.._..._...................................__......................._......__._.......�..---.. ---.._...__._..._._..-------- - Attachments: Land Use and Transportation Committee memorandum dated August 2, 2010. Options Considered: 1. Authorize the installation of two speed humps on 4�' Ave S between S Dash Point Road and S 308`�' St. 2. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the September 7 2010 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: �� U,�_/ DIRECTOR APPROVAL: __!�� Committee Council Committee Council COMMITTEE RECOMMENDATION Committee recommends forwarding Option 1 to the September 7, 2010 City Council Consent Agenda for approval. Dini D uc l os, C hair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION "I move to authorize the installation of two speed humps on 4` Ave S between S Dash Point Road and S 308` St. " (BELOW TO BE COMPLETED BY ClTY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED lsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDIIVANCE # REVISED — 02/06/2006 RESOLUTION # 5 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: August 2, 2010 Land Use and Transportation Committee Brian Wilson, City Manager/Police Chief � L � j Jesse Hannahs, P. E., Senior Traffic Engineer f� � Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Nautilus NTS — 4` Ave S(S Dash Point Road to S 308`" St) BACKGROUND: Residents in the vicinity of 4`� Ave S between S Dash Point Road and S 308`� St submitted a petition requesting the installation of additional traffic calming devices to control vehicle speeds in an effort to improve vehicular and pedestrian safety along 4`� Ave S. One existing speed hump is present on 4`�' Ave S, south of S 304`� Pl. A traffic study was conducted and the results are as follows: • Roadway Classification : Minor Collector • Average Daily Tra�c (ADT): 1882 • 85` percentile speed: 30.2 mph • S-Year Collision History: 1 Collision with 1 injury Based on the current adopted NTS installation criteria (see Table 1 below), 4 Ave S scored 3.5 total severity points. This reaches the minimum 3.0 severity point to qualify for the installation of traffic calming devices. Tahle 1 Point 85 Percentile Average Daily Location 5-Year Collision Histo Scale S eed Traftic ADT SchooUPark Total In'u Fatal 0.0 0- 25 0- 1,000 No 1 - - 0.5 26 - 27 1,001 —1,800 Yes 2 - - 1.0 28 - 29 1,801— 2,600 - 3 1 - 1.5 30 - 31 2,601 — 3,400 - 4 - - 2.0 32 - 33 3,401 — 4,200 - 5 2 1 2.5 34 - 35 4,201 — 5,000 - 6 - - 3.0 36+ 5,001+ - 7+ 3+ 2+ A neighborhood traffic safety meeting was held on June 21`, 2010 in City Council Chambers to discuss potential traffic calming devices that could be implemented on 4�' Ave S. To be effective in reducing speeds along 4�' Ave S and to improve vehicular and pedestrian safety, the group consensus was to have the City install two speed humps on 4`�' Ave S between S Dash Point Road and S 308 St near the following addresses: a. 30222 4�' AV S b. 30626 4`� AV S 6 Wildwood NTS 7/27/2010 Page 2 In accordance with established NTS policies, staff sent ballots to property owners and occupants within 600 feet of the proposed traffic calming device locations and also to those with the proposal located along their sole access route. The following table summarizes the ballot results: One of the installation criteria requires a 51% majority approval of the returned ballots. Based on the ballot results represented in the above table, the balloting exceeds this majority. The estimated cost of this project is approximately $7,000, which falls within the $15,000 per neighborhood per year budget limitation policy. The current allocated NTS budget per year is $50,000 with $20,000 designated specifically for NTS projects near schools. At this time, approximately $30,000 has been authorized for expenditure on other NTS qualified projects in 2010. Staff thus recommends utilizing other existing funds within the Public Works department such as a portion of the $20,000 designated for NTS near schools to fund this project. cc: Project File Day File k:\LUTC�2010\8-2-10 Nautilus NTS.doc COUNCIL MEETING DATE: September 7, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: Sus.rECT: Lake Dolloff NTS — 33` Pl S/S 334 St/38 Ave S/S 328 St (Weyerhaeuser Way S to Military Road S) POLICY QUESTION Should the Council approve the installation of two speed humps on 33 Pl S/S 334` St/38 Ave S/S 328 St? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: August 2, 2010 ❑ Public Hearing ❑ Other . STAFF REPORT BY: lesse Hannahs P.E., Senior Traffic En ineer �_ DEPT: Public Works _ .................._........_........................................................_................................................................._._�............................_..............................__._.........................................� ........._......_..........................................................................................................._..__......_.._...----....._....._._._..___..._. Attachments: Land Use and Transportation Committee memorandum dated August 2, 2010. Options Considered: 2. 3. Authorize the installation of two speed humps on 33` Pl S and two speed humps on 38`� Ave S during 2010, and a speed hump on S 328` St and a raised crosswalk on the 33`� Pl S leg of the Weyerhaeuser Way S roundabout in 2011. Authorize the installation of a number of speed humps and/or raised crosswalk in a given year and at given locations and provide this direction to staff. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the September 7 2010 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: �� DIRECTOR APPROVAL: C�M' \ Committee Council Committee Council COMMITTEE RECOMMENDATION Committee recommends forwarding Option 1 to the September 7 2010 City Council Consent Agenda for approval. Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION "I move to authorize the installation of two speed humps on 33 Pl S and two speed humps on 38`" Ave S during 2010, and a speed hump on S 328` St and a raised crosswalk on the 33' PI S leg of the Weyerhaeuser Way S roundabout in 2011. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 8 CITY OF FEDERAL WAY MEMORANDUM DATE: August 2, 2010 TO: Land Use and Transportation Committee VIA: Brian Wilson, City Manager/Police Chief �� FROM• Jesse Hannahs, P. E., Senior Traffic Engineer ` ' Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management� SUBJ Lake Do[loff NTS — 33i Pl S/S 334`" Sd38`" Ave S/S 328`" St '(Weyerhaeuser Way S to Military Rd S) BACKGROUND: Residents in the vicinity of North Lake along 33r Pl S/S 334` St/38�' Ave S/S 328�' St between Weyerhaeuser Way S and Military Road S submitted a petition requesting the installation of traffic calming devices to control vehicle speeds in an effort to improve vehicular and pedestrian safety along the roadway. A traffic study was conducted and the results are as follows: • Roadway Classification : Minor Collector • Average Daily Tra�c (ADT): 2316 • 85` percentile speed: 35.3 mph • S-Year Collision History: 1 Collision with no injuries Based on the current adopted NTS installation criteria (see Table 1 below), 33`� Pl S/S 334`�' Sd38`� Ave S/S 328`" St scored 3.5 total severity points. This reaches the minimum 3.0 severity point to qualify for the installation of traffic calming devices. Tahle 1 Point 85� Percentile Average Daily Location 5-Year Collision Histo Scale S eed Traffic ADT SchooUPark Total In'u Fatal 0.0 0- 25 0- 1,000 No 1 - - 0.5 26 - 27 1,001 —1,800 Yes 2 - - l.0 28 - 29 1,801— 2,600 - 3 1 - 1.5 30 - 31 2,601 — 3,400 - 4 - - 2.0 32 - 33 3,401 — 4,200 - 5 2 1 2.5 34 - 35 4,201 — 5,000 - 6 - - 3.0 36+ 5,001+ - 7+ 3+ 2+ A neighborhood traffic safety meeting was held on June 30`�', 2010 in City Council Chambers to discuss potential traffic calming devices that could be implemented on 33` Pl S/S 334�' St/38`�' Ave S/S 328�' St. To be effective in reducing speeds along 33'� Pl S/S 334�' St/38`�' Ave S/S 328` St and to improve vehicular and pedestrian safety, the group consensus was to have the City install two speed humps on 33` Pl S, two speed humps on 38`� Ave S, one speed hump on S 328`� St and to upgrade the existing crosswalk on the 33` PI S leg of the Weyerhaeuser Way S roundabout to a raised crosswalk. T'he proposed locations are near the following addresses. a. 33458 33` Pl S b. 33411 33r Pl S c. 33050 38�' Ave S d. 32867 38�' Ave S e. 3928 S 328�' St f. 33`d Pl S leg of Weyerhaeuser Way� Roundabout (Raised Crosswalk) K:\LUTC�2010\8-2-10 Lake DolloffNTS.doc Wildwood NTS 7/27/2010 Page 2 In accordance with established NTS policies, staff sent ballots to property owners and occupants within 600 feet of the proposed traffic calming device locations and also to those with the proposal subsequently offering only access routes that would require travel over a traffic calming device. The following table summarizes the ballot results: One of the installation criteria requires a 51% majority approval of the returned ballots. Based on the ballot results represented in the above table, the balloting exceeds this majority. The estimated cost of this project is approximately $22,000, which falls beyond the $15,000 per neighborhood per year budget limitation policy. The current allocated NTS budget per year is $50,000 with $20,000 designated specifically for NTS projects near schools. At this time, approximately $30,000 has been autharized for expenditure on other NTS qualified projects in 2010. Based upon the existing NTS budget expenditures and assuming that budget is available for 2011; staff thus recommends phasing the installation over two years as follows: 2010 Budget Year ($14,000): a. 33458 33` Pl S b. 33411 33` Pl S c. 33050 38�' Ave S d. 32867 38�' Ave S 2011 Budget Year ($8,000): e. 3928 S 328`� St f. 33` Pl S leg of Weyerhaeuser Way S Roundabout (Raised Crosswalk) Staff recommends utilizing other existing funds within the Public Works department in 2010 such as a portion of the $20,000 designated for NTS near schools to fund the 2010 portion of this project and the traditional NTS budget, if allocated, in 2011. cc: Project File Day File 10 K:\LUTC�2010\8-2-10 Lake Dollof�'NTS.doc COUNCIL MEETING DATE: September 7, 2010 ITEM #: FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT Amendments to Federal Way Revised Code (FWRC) Title 19 "Zoning & Development Code," related to residential off-street parking. POLICY QUESTIONS Should the city: (1) clarify an existing single family residential off-street parking provision regarding acceptable impervious surfaces; (2) remove the large lot exemption from residential parking regulations; and (3) provide housekeeping changes? COMMITTEE• Land Use/Transportation Committee (LUTC) MEETING DATE: August 2, 2010 ❑ Consent � Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Matthew Herrera, Associate Planner DEPT: Community Development Services Exhibits: (1) Draft minutes of the July 21, 2010, Planning Commission meeting; (2) Planning Commission staff report with Exhibits A-C; and (3) Draft adoption ordinance. Background: (1) The city's existing residential off-street parking regulations allow parking within a garage, carport or "approved impervious surface." FWRC does not define approved impervious surface and has resulted in conflicting inte2pretations between staff, Municipal Court and Hearing Examiner. The proposed amendment would replace the term "approved impervious surface" with "driveway or parking pad." Surfaces permitted outright for parking pads would be asphalt or concrete. Applicants may apply for a no-fee modification of those outright standards that may include, but are not limited to: gravel, pavers or Low Impact Development (LID) methods such as pervious concrete and pervious asphalt. (2) The existing residential off-streeY parking ordinance exempts all residential lots in excess of 20,000 square feet (0.45 acres) from compliance with single-family residential off-street parking regulations. Staff could not find justification for the exemption nor any instances of a similar exemption in surrounding jurisdictions. The proposed amendment would apply equitably to all residential uses. (3)Proposed housekeeping amendments would combine all residential parking standards into one article and replace code redundancies with cross references. Options Considered: 1) Adopt the Planning Commission's recommendation as contained in the draft adoption ordinance; 2) adopt the Planning Commission's recommendation as modified by the LUTC; 3) do not adopt the proposed policy; or (4) refer the proposal back to the Planning Commission for further proceedings. PLANNING COMMISSION RECOMMENDATION: Option #1. STAFF RECOMMENDATION Staff recommends the Council adopt Option #1, adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance CITY MANAGER APPROVAL: __�� DIRECTOR APPROVAL: C7Ia" Committee Council Committee Council COMMITTEE RECOMMENDATION Forward Option #1; adopt the Planning Commission's recommendation as contained in the Draft Adoption Ordinance to the full Council on September 7, 2010, for first reading Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTIOIV(S): 1 ST READING OF ORDINANCE (9/7/1 O) "I move to forward the ordinance to a second readingfor enactment on the September 21, 2010, consent agenda. " 2" READING OF ORDINANCE (9/21/10): " I move approval of the L UTC's recommendation to approve the code amendments, which are contained in the Adoption Ordinance. " Continued o�¢'ol[owing page (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION � MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 reading Enactment reading ORDINANCE # RESOLUTION # 12 CITY OF FEDERAL WAY PLANNING COMMISSION July 21, 2010 City Hall 7•00 p m Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Lawson Bronson, Wayne Carlson, Sarady Long, Tim O'Neil and Tom Medhurst. Staff present: Planning Manager Isaac Conlen, Associate Planner Matt Herrera, Senior Engineering Plans Reviewer Ann Dower, Assistant City Attorney PeterBeckwith, and Administrative Assistant Darlene LeMaster. CALL TO ORDER Chair Pfeifer called the meeting to order at 7:00 p.m. ROLL CALL All commissioners present. APPROVAL OF MINUTES The minutes of July 7, 2010, have Commission Meeting for approval.. AUDIENCE COMMENT None been deIa.�ed and will be presented at the August 4, 2010 Planning ADMINISTRATIVE REPORT Planning Manag�r Conlen recaned ��e July'�, ��1 U�rieeting where City ManagerlPolice Chief Wilson offered to provide a bu�gef (tpc�i� for all P��n;tiing Commis`s"ioners. City Manager/Police Chief Wilson has chosen two dates arid will be inv2ting all commi�ee members and commissioners to attend. These budget briefings will be d��zvered in a town h�1� �ormat at v�i�l held on Tuesday, August 31, 2010 and Monday, September 30, 2010 rn City Hall Council ��ambers at b:30 PM. COMMISSION BUS�NE�S PUBLIC HEARI1vG — Proposed Text Amendments to Federal Way Revised Code Related to Vehicle Storage Requirements in'Resi�lential Areas Chair Pfeifer explained the guidelines for the Public Hearing. Associate Planner Matt Herrera delivered the staffreport. Proposed amendments to the Federal Way Revised Code (FWRC) include: • Addition of "nonmotorized vehicles" to Section 19.05.140 (N definitions) • Changes to text of Article VII (Commercial Vehicles, Recreational Vehicles, and Boats) of Chapter 19.130, Off-Street Parking �� r C:�Dceuments and SettingsWarlenelU.ocal Settings\Temporary Intemet Files\Content.OutlookUPB8WIiIH\Meeting Summary 07-21-IO.doc pAGE..,..�...�F..�.�,,._ 13 Planning Commission Minutes Page 2 July 21, 2010 • Addition of Section 19.130.2XXX (Purpose and Intent) to Chapter 19.130, Off-Street Parking • Addition of Section 19.130.2XXX (Parking and storage of motor vehicles and nonmotorized vehicles) to Chapter 19.130, Off-Street Parking • Deletion of Article V(Outdoor Activities and Storage) and Section 19.130.230 (Residential Uses) The proposed zoning and development code amendment replaces the phrase, "approved impervious surface," with a more clear definition of allowable impervious surfaces, removes the exe�nption for lots greater than 20,000 square feet, provides a purpose and intent for residential parking aiid storage standards; and consolidates code sections and removes redundant language. The public hearing was opened far public testimony. Clara McArthur; 31026 20`" Ave S— Ms. McArthur spoke against the proposed ��mendments, stating that she felt these code changes are very untunely. Ms. McArthur is concerrr�c� �at she and others that have been affected by the poor econorny �u�� ie unable �o comply with prti��sed code �, amendments. Buck Pedigru; 31033 20`" Ave S— Mr. Pedigru asked if the requ�x'�ment to pave a driveway was a local, county or state law. Mr. Pedigru alsa asked what would happen �f a resident could not afford to pay to pave their driveway... would the}� be penalized. Chair Pfe�fer stated that the proposed amendment is a City Code revision. It has no� been maz�dated by the Caunty or the State. The intent of the ordinance is educating residents on where p� Federal Way residents' gro�erty tax is substarit Pfeifer deferred that questiori to a:�other time as � Rhonda Pedigru; 3I�33 20`" Ave S--Ms. Pedigru and wants to know if th� �ro�osec� �n�ndtnent rr resident has a tcailer in the �sack yard, w�i�l � pa�kn a f��i back •kin��s ��lo�vable.� �,astly, Mr. Pedigru asked why i}l� higher thatt that of Bellevue residents. Mr. was unrelat�d to the topic at hand. tated that her existing driveway is compact gravel ;ans that her driveway will have to be paved. If a ; pad be required? Chair Pfeifer responded that if d is not in view from the front, it will not require a pad. �earing was opene� Eo questions from the commissioners: Commissioner �atison said he was empathetic to what he heard during the public testimony. Commissioner Carlson stated his �nte�pretation af the ordinance is that as far as an existing gravel driveway is concerned, if it met at least one of�he criter�a (which it should), it would be allowed and grandfathered in. In comparison, if a resident had been p��C�g on the grass, they could install a gravel driveway with approval from the Community Developmen� Services (CDS) Director. Mr. Herrera confirmed Commissioner Carlson's interpretation. In addition, for residents of existing homes where a grass, gravel or dirt driveway was allowed at the time the home was permitted, these property owners would be protected by "non-conforming development" standards and this new ordinance would not affect them. This ordinance is for new development or for property owners who did not have prior approval to park on their grass. If a neighbor were to complain, a code compliance officer would visit the site and enforce that. The City's Code Compliance division is complaint driven. The only way a code compliance officer would come to your home is if a complaint was received. Allowable parking surfaces are asphalt, cement, a carport or a garage. There is a design standard for gravel. Gravel is also allowed with a modification (written C:�Documents and SettingsWarienelU.ocal Settings\Temporary Interne[ Files\Content.0utlookUPBBWIUH�Meeting Summary 07-21-IO.doc � 14 �� PAGE.. � ...�F� Planning Commission Minutes Page 3 approval from the CDS Director). July 21, 2010 From the audience, Ms. McArthur asked about a hard-pan dirt surface. Mr. Herrera answered that hard-pan dirt is no an allowable surface, however, if the lot had originally been approved with hard-pan dirt as the approved driveway surface, then staff would grandfather that property in through a written administrative decision. Because a material isn't listed as allowable does not mean it won't be allowed. It means that staff would like to review the proposal and then decide whether or not to allow it. Commissioner Elder spoke against the proposed ordinance and in support resident testimony. Commissioner Elder is bothered that our Code Compliance system is complaint driven. Wh}� w+ai�ld we ask people to invest money in making require improvements during our current poor econamy? The residential audience applauded Commissioner Elder for her statement. Commissioner Bronson recalled the Planning Commission talking of considering semi-pervious streets. Mr. Herrera clarified that semi-pervious surfaces on private and co�ne�'cial property is q� �he Long Range Work Program. Due to staffing, this item will not be brought fori�ard any time soon. t�� time, there is no policy that allows pervious street surfaces. Commissioner Bronson expressed concern over a resident having tc� go �back and search t�rough King Co. permit records to verify what had been permitted. King Co. didri't �equire permits for man}� things prior to Federal Way incorporating. If a resident ne�ded to prove a permit �iic� ezcist in order to make a modification, how would they if the permit had not existed i� t�e �irst place? Mr. Herre�a reiterated what is meant by "non- conforming development" and that any existing propert� that originated prior to city incorporation was fall under the non-conforming development clause. Commissioner Medhurst commented on the Hylebos Creek Park use of pervious surface in the parking lot. Commissioner Mehurst suggesting using feedback o� the success of this surface in the parking lot as back up information to this ordinance. Commissioner Medhurst asked;for clarification for an exi�t�ng vehicle, recreational vehicle, etc. parked either in the backyard o� side yard. If �t is �o� vis��e �vtn `street, what would be the requirement for a parking pad? Mr. Herrera �x�Zlained that a v�hicle on a cTri�eway in the backyard would not be required to sit on a pad; however, it can not be parked iri �Ti� grass. Commissioner Medhurst asked how a vehicle parked in the backyard that is not visible fa t1�e public co�d be considered "neighborhood blight" or reduces one's property value. Mr. Herrera responded that the w�� the ordinance is written, if a citizen called code compliance to complain that a neighbor was parking a vehicle on the grass in the backyard, code compliance, under this ordinance, is reqiti�ed to come o�tt'and site that resident. Commissioner Medh�,irst stated that in his interpretation of the ordinance, there is still quite a bit of ambiguity that needs clarifying. C;ci�'rssioner Medhurst concurs with Commissioner Elder in her dissatisfaction of Federal Way's code comp}iance being complaint driven and not from being out of compliance. Mr. Herrerra stated that this parking issue at hand is likely the number one complaint that code enforcement handles. The ordinance came about in order to clarify the existing phrase "approved impervious surface." It would simplify enforcing this code to have approved impervious surface more clearly defined. Commissioner Medhurst asked that for lots greater than 20,000 s.f., would a certain amount of impervious surface trigger stormwater mitigation? The 2009 SWDM states the trigger is 2,000 s.f. Commissioner O'Neil questioned staff about his neighbor who parks his motor home on grass behind his fence. Mr. Henera noted that under the current code, the neighbar would be in violation (if reported), because you may not park on grass. The proposed ordinance clarifies what is meant by "approved impervious C:�Documents and SettingsWazlenelU.oca1 Settings\Temporary [ntemet Files\Contrnt.OutlookUPB8WIUH�Meeting Summary 07-21-10.dce �� 15 PAGE .�..��._.�.._. Planning Commission Minutes Page 4 July 21, 2010 surface." Commissioner O'Neil asked if the impervious surface have to be permanent. Could it be wood? Does it need to be permitted? Mr. Herrera stated a concrete or asphalt parking pad does not have to be permitted. Anything outside of what is defined as approved could be requested in writing for approval by the CDS Director. There is no charge for an administrative decision. Commissioner Long feels the City is sending mixed messages. In 2009, the Surface Water Division presented Low Impact Development. The purpose was to reduce impervious surfaces. Now staff is saying that more impervious surface needs to be added as parking surfaces. Another point of the LID ordinance was that it was illegal to wash your vehicle on your driveway as soapy and dirty water flows into the catch basins. Educational materials were distributed encouraging residents to wash their cars ou their lawn. Staff is now saying it is illegal to park on your lawn, the same lawn that you should park tih to wash your car. Mr. Herrera clarified that staff wants and encourages residents to wash their car on the Ia`?cFn. The intent of the ordinance is that cars should not be parked on the lawn for any length of time. '£he car v�ashing ordinance was a result of the City adopting a Federal standard as part of the NPDES p�rm�t, The cocte is in effect as part of the permit. As it stands today, parking on grass is in violation of t�ie Eade. The intent o�the proposed ordinance is to clarify what is meant by "approved impervious surfac�.�' This ordinance applies:to,new development. Commissioner Carlson clarified that LID and pervious �iaveine�t may nat always be the prefeie�ed application for all sites. Commissioner Medhurst understands the intent of the ordinance `anc� supports the ordinance that wants to prevent visual blight. However, Commissioner �irledhurst is strictly agai�st putting boundaries on what can be parked on the side or rear of a home, especially if it is nnt in public view. :A<Ir. C'onlen also wanted to clarify that this ordinance doesn't apply to City right of vvay. 'T'his ardinance and the`changes to this ordinance don't apply to the surface of driveways. The point to this ordinan�e ag��res to t�ie parking surface that is not on the driveway. Mr. Conlen also asked the commissioners to eonsider the otTi�r side of the argument when it comes to blight. Unfortunately, the�-e "was no public commerit heard from citizens that are in favor of this ordinance, but based on the number v�fcomplain�s �hat are received, concern over neighborhood blight is very strong. Commissioner Elder voiced he� frust�a�ian with this ordir�ance and that she feels there is not consistency in the City Code. Commissianer O'Neil asked about no�-motorized vehicles. Mr. Herrera confirmed that non-motorized vehicles itticlude campers, tra.i�ers, etc. �Vfr.; Herrera again stated that this modification to the proposed ordinance is �of a policy change. All of the scenarios brought forth into discussion would be treated today, not differentty than they have been treated up until now. Staff is merely asking to clarify what is meant by "approved imperv�ous surface". And if a citizen wanted to use something other that what is listed as approved, a writ�� request needs to be made and approved by the CDS Director in the form of an administrative decisio�t at no cast to the citizen. Staff was not prepared to discuss a policy change. Should the commission request ��f€�o do that, it would need to be requested to add to the work plan. Commissioner O'Neil also inquired if n�s�-conforming development is transferred with tile when a properiy is sold. Assistant Atty. Beckwith noted that what is being proposed actually broadens what can be exceptions to the rule with approval from the CDS Director. 'The discussion of non-conforming development applying to future property owners when a property is sold is a separate and legal topic that is not a part of the issue at hand. Commissioner Bronson asked if staff has researched ASTM standards that defines impervious surface. Mr. Henera stated that the City has adopted the ASTM standards in its Development Standards Manual. What is missing is the definition of what is approved impervious surface. Commissioner Bronson was unhappy that what is defined by ASTM as impervious is not automatically also approved. He feels that staff should follow C:�Documents and SettingsWazlenelU.ocal Settings\Temporary Intemet Files\Content.0utlookUPBBWIUFI�I�feeting Summary 07-21-10.doc 16 �X�"�� PAG E._.�...,��r..�e,_.,_ Planning Commission Minutes Page 5 July 21, 2010 the national standard, period, and that staff needs to revisit this issue in its entirety. Lastly, if there are so many people against others parking on lawns, why aren't they present and making comment. Mr. Herrera noted that asphalt and cement were defined as approved based on what other neighboring local jurisdictions have in their codes. Chair Pfeifer summarized the intention of the revision to the ordinance as presented. More examples and scenarios were brought into the conversation by commissioners with the same reiteration of the ordinance as it has existed since it came into being over eleven years ago. The proposed changes to the ordinance clarify what is meant by "approved impervious surface." The process aiid,policy surrounding code compliance procedures have not changed. Assistant City Atty. Beckwi�t stated that if a permit wasn't required at the time (e.g. parking on a gravel or dirt driveway) and it vv�s o�ay then, then it is okay now. Commissioner Medhurst supports taking out the ambiguity in the ord�ance bu� ��els other issues have been raised and should be revisited in its entirety. There are a number of open issues �he �ublic has a legitimate �.. concern with (i.e. side yards, driveways, backyards, etc.) ;. > Commissioner Carlson concurred with Commissioner 1t�Ied�u�st. He wou.l.d like to reconsic�e�'�v�at is defined as visual blight. Mr. Herrera said that if directed, staff could �iut this �sfi ti��ir work plan. `� Chair Pfeifer invited additional public comrnent. Clara McArthur; 31026 20`" Ave S— Ms. McArthu� is still unclear on what �t nieans to be grandfathered in. Chair Pfeifer explained non-conforming developinent standards as it applies �o this ordinance. Ms. McArthur thanked the Commission and staff and feels that the requirements are reasorrable for new development, not for established property owners. Mary Francis Painter; 3 �02120`" Ave 5- Ms. Painter vvanted to request that the issue of grandfathering in is not left to the discretion afthe code etiforcement officer. Ms. Painter also suggested a public stakeholder group that discusses visual h�ight. Rhonda Pedigru; �I033 20` Ave S= Ms. Pedigru asked about an easement on the side of one's property. Asst. City Atty. suggested Claat this issue is a separate issue. Commissioner Medhurst explained that he believes �1s. Pedigur to be spe�king of a setback, not an easement. Norma Bla�xchard,• 31039 7` �1ve SW — TVIs. Blanchard stated she feels that the City's code compliance officers are inef�e�iive and gave �xamples to back up her opinion. Commissioner Long �nquired a�out a penalty for those not in compliance with this ordinance. How much time is given for a residerft�q get into compliance. Mr. Herrera stated he is not familiar with the fines or their amounts. The intent of cotie compliance is not to fine or penalize residents; rather, it is to educate residents and give them an opportunity to become compliant before any further action may be necessary. Commissioner Long expressed he is in favor of clarifying the existing ordinance as it applies to approved impervious surface. The public testimony was closed. C:�Documen4s and Settings\darlenel�I.cea1 Settings\Temporary Incemet Files\Content.OuUookUPB8WIUFI�Meeting Summary 07-21-IO.doc �� X�!�� PaGE�.� .��..,..�._._ Planning Commission Minutes Page 6 July Z 1, 2010 Commissioner Carlson moved to approve the ordinance as presented by staff with one amendment: Exhibit A, Page 1, Seciton 19.130.2xx, (1) All motor vehicle and nonmotorized vehicle parking and storage for residential uses containing either detached or attached dwellings shall be in a garage, carport, driveway, or a parking pad except for recreational vehicles to be used as a temporary dwelling as specified in FWRC 19.130.290(1). A parkingpad shall accommodate the size of the vehicles and be composed of asphalt or cement. The director may grant a modification of parking pad surface materials to include gravel, pavers, LID methods �pervious asphalt, pervious concrete, etc.), or other suitable materials pursuant to criteria set�'o�th in FWRC 19.130.100. Commissioner Medhurst seconded the motion. There was brief discussion by Commissioner Bronson, ad As such, Commissioner Bronson will not vote to approve The motion carried, 4-3. Commissioners Long, Elder � T'he public hearing was closed. ADDITIONAL BUSINESS None he need to accept the ASTM standards. �sed ordinance , dissenting. AUDIENCE COMMENT None AnJOUiuv T'he meeting was adjourned at 8:35 p.m. C:�Documents and Settings\darlenelU.oca1 Settings\Tempoiary [ntemet Files\Content.0utlookUPBBWNH�Meeting Summary 07-21-IO.doc �g �X�..�� r PAGE_.�_..�,�,.,_. � �> :.i � �R � ; � PLANNING COMMISSION STAFF REPORT DATE July 14, 2010 To: Chair Merle Pfeifer and Members of the City of Federal Way Planning Commission FROM Matthew Herrera, Associate Planner'�'� 1 Greg Fewins, Director of Community Development Ser�r�� i SUBJECT Zoning and Development Code amendments related to residential off-street vehicle parking requirements. FII..E: 10-102049-00-UP MEETING DATE: July 21, 2010 A. POLICY QUESTIONS (1) Should the City replace "approved impervious surface" with prescriptive requirements for residential vehicle parking and storage surface material; (2) remove the exemption for all lots greater than 20,000 square-foot to comply with the residential motor vehicle parking and storage regulations; (3) provide a purpose and intent statement for residential paxking and storage standards; and (4) make housekeeping amendments to consolidate code sections and remove redundant language from the existing residential vehicle storage standards. B. STAFF RECOMMENDATION Staff recommends amending Federal Way Revised Code (FWRC) Chapters 19.05 and 19.130 reflecting affirmative responses to the policy questions above and as shown in strikeoudunderline format in Exhibit A. C. ATTACHMENTS Exhibit A— Proposed code amendment to Federal Way Revised Code (FWRC) Title 19, "Zoning and Development Code," Chapters 19.05 and 19.130 Exhibit B— Environmental Determination of Nonsignificance (DNS} issued June 30, 2010 Exhibit C— Community Development Services Stakeholder Group D. BACKGROUND & ANALYSIS The substantive portion of the proposed code amendments were requested by the department's code enforcement staff to provide clarification of suitable surface materials for vehicle storage in . ��Cl�� 1�' z � 9 ��G E ..�..�F�:,.r. residential areas. Additionally, code enforcement staff has requested the commission to consider the removal of an exemption from the City's motor vehicte and non-motorized vehicle storage regulations provided to single-family lots greater than 24,Q00 square feet (approximately 0.45 acres}. While drafting the proposed code language, planning staff recognized the benefit of providing a purpose and intent statement; consolidating the code section with a similar residential code section related to residential commercial and recreational vehicle storage; and several housekeeping amendments that will provide a cross reference to applicable standards and the removal of redundant language. Surface Materials As shown in the strikeout version of the existing code (page 1 of Eachibit A}, there are currently three acceptable methods to store vehicles on residential properties; garage, carport, or on an approved impervious surface. Garage and carport are'clear methods for vehicle storage, but FWRC does not provide reference to'what constitutes an "approved impervious surface: ' Staff recommends replacing "approved impervious surface" with "[...] driveway, or a parking pad." Further explanation of the parking pad woutd include: "[a] parking pad shall accommodate the size of the vehicle and be composed of asphalt or concrete." Citizens would also be given the option to request a modification of those standards if the alternative material(s) would not leave the property, is usable year-round, and will not deteriorate air or water quality as shown in the cross-reference on the underline version of the proposed amendment and existing FWRC 19.130.100 provided for reference (pages 2 and 4 of Exhibit A, respectively). The result of the amendment will provide a clear and consistent requirement for citizens, applicants, and staff. Code Enforcement staff receive eomplaints from City residents regarding the unappealing aesthetic impacts of neighboring residents that park vehicles on vegetated and unpaved surfaces: Additionally, parking areas composed on unpaved surfaces can contribute to erosion and water quality deterioration during times of heavy rainfall. Staff is able ta enforce the current code far complaints of vehicles parked on vegetated surfaces as the existing code language refers to garages, carports, and approved impervious sur€ace that are appropriate far vehicle storage. It is the instances of vehicles parked on gravel and hard packed dirt surfaces that staff has had difficulty administering a clear and defensible enforcement of the code provision. ' As mentioned previously, the Zoning and Development Code does not provide guidance of what an approved impervious surface represents. Over several years this has resulted in inconsistent determinations made by staff from several departmental divisions. Residential complaint. calls to the City regarding vehicles parked on gravel or dirt have been difficult to resalve as there is currently no clarifying language as to whether the surfaces are considered an "approved impervious surface." A recent Federal Way Municipal Court ruling dismissed a Notice of Violation order as it determined a graveled area qualifies as a pad, but the city's Hearing Examiner disagreed and suggested that a parking pad is an impervious surface such as concrete. The intent of this proposed amendment is to provide the public and staff an unambiguous description of an appropriate residential off-street parking surface. Lot Size Exemption Current off-street parking regulations related to residential uses exempt all lots greater than 20,000 square feet, or approximately 0.45 acres, from compliance with vehicle storage requirements (Exhibit A, page 1). Code enforcement staff responding to perceived violations, such as vehicles, boats, and RVs parked an lawns, are unable to act on the complaint due to the exemption. Staff did not find lot Residential Off-Street Parking File # I 0-102049-UP Planning Commission Staff Report Page 2 of 5 � Zo EXH�!��' PAGE � ��_! �_� size exemptions for vehicle storage at the five jurisdictions referenced below. Further, staff could not find justification for including the exemption in historical records related to the original code adoption in 1999. As citizen complaints concerning the vehicle storage regardless of the lot size continue to be made and there does not seem to be a defensible justification for the distinction, staff recommends an equitable enforcement of the regulation by removing the 20,000 square-foot lot exemption. Jurisdictional Comparisons Staff has reviewed residential off-street parking code language in the following five jurisdictions: City Surface Material Requirement Large Lot Size Exem tion ACC 18.52.060 - off street parking spaces for SF dwelling shall be All weather Auburn Paved with asphalt concrete or cement concrete. surface may be used for lots >4 acres KCC 15.05.090 — paved w/ asphalt or equivalent material unless Kent waived by the planning director, but the first 20 feet of the driveway No must be aved. Des DMMC 18.44.100 - asphalt or concrete for driveways and parking No Moines ads. Renton RCC 4-4-080(G) - asphaltic concrete, cement or equivalent material No of a ermanent nature as a roved by the Public Works D artment. Tacoma TCC 13.06.510 - asphalt concrete or cement. Alternatives with No a roval from City En ineer. Purpose Statement Planning staff recommends the addition of a purpose and intent statement to the new Article VI "Residential Parking and Vehicle Storage" code section that provides a background and justificarion for the regulations. The statement provides a layperson summary of the intent of the regulations and clear basis for enforcement when needed. Housekeeping Amendments While researching and drafting a proposal to the Planning Commission, staff has proposed the following non-substantive code amendments: Consolidation — The relocation of the existing residential off-street parking regulations titled "Residential Uses" to a new article titled "Residential Parking and Vehicle Storage." The proposed article would consolidate parking regulations for typical motorized and nonmotorized vehicles, commercial vehicles, recreational vehicles, and boats. (Exhibit A, page 2) Definition — The relocation of the nonmotorized vehicles definition from within the text of the standards to the Zoning and Development Code definition section in Chapter 19.05 FWRC. (Exhibit A, page 1) Redundancies — Planning staff recommends removing language regarding the emergency use of RVs as temporary dwellings and replacing it with a cross reference to the applicable code section. Staff Residential Off-Street Parking File #10-102049-UP Plannin� Commission Staff Report Page 3 of S 2� EX�.�� PAGE � .Q� �_ 3 __. also recommends rernoving redundant language regarding junk and inoperable vehicles. (Exhibit A, page 2) E. PROCEDURAL SUMMARY A Determination of Nonsignificance (DNS} (Exhibit B) was issued for the proposed code amendments on June 30, 2010, pursuant to State Environmental Policy Act Rules 197-11-340. Notice of the environmental determination was provided in the Federal Way Mirror, City designated bulletin boards and emailed to the department's stakeholder group (Exhibit G�. The comment period ended on July 14, 2010, with no comments submitted to the City. Public notice of the Planning Commission hearing was emailed to the department's stakeholders June 30, 2010, published in the Federal YYay Mirror July 3, 2010, and posted on the City designated bulletin boards July 7, 2010. This staff report was emailed to the department's stakeholders an July 14, 2010. F. BASIS FOR PLANNING COMMISSION ACTION FWRC Title 19, "Zoning and Development," Chapter 19.80, "Process VI Reviaw," establishes a process and criteria for development regulation amendments. Consistent with Process VI review, the role of the PTanniiig Commission is as follows:: 1. To review and evaluate the proposed development regulation amendments. 2. To determine whether the proposed development regulation amendme�t meets the criteria provided by FWRC 19.80.130 (Item G below). 3. To forward a recommendation to City Council regarding adoption of the proposed development regulation amendment. G. DECISIONAL CR[TERIA FWRC 19.80.130 provides criteria for development regulation amendments. The following section analyzes the compliance of the proposed amendments with the criteria provided by FWRC 19.80.130. The city may amend the text of the FWRC only if it finds tfiat: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. Staff Response — The proposed code amendment is consistent with the following goals and policies: , LUGI Improve the appearance and function of the built environment. LUG3 Preserve and protect Federal Way's single family neighborhoods. LUP14 Maintain and protect the character of existing and future single family neighborhoods through strict enforcement of the City's land use regulations. HP4 Maintain a strong code enforcement program to protect residential areas from illegal land use activities. � Residential Off-Street Parking File #1 0-1 02049-UP Planning Commission Staff Report Page 4 of 5 , 2z EXI��' �� PAGE ��.-- 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. Staff Response — The proposed code amendment bears a substantial relationship to welfare as it will remove ambiguity regarcling what is and what is not considered appropriate vehicle storage. 3. T'he proposed amendment is in the best interest of the residents of the City. Staff Response — The proposed code amendment is in the best interest of the city as it provides clarity to an existing code provision, aesthetic value to residential areas, and equity among all single family property owners. H. PLANNIIVG COMMISSIUN ACTION Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding the proposed development regulation amendments: 1. Recommend to City Council adoption of the FWRC text amendments as proposed; 2. Modify the proposed FWRC text amendments and recommend to City Council adoption of the FWRC text amendments as modified; 3. Recommend to City Council that the proposed FWRC text amendments not be adopted; or 4. Forward the proposed FWRC text amendments to City Council without a recommendation. Residential Off-Street Parking Planning Commission Staff Report 23 File #10-102049-UP Page S of 5 EXi�!!�� C PA�E��_! _. • � � _ � • i � • � � . � • _ i � • � 1 i I � • � • • . • � i I � � • � � . � � • � � � � 1 1 Article VI�. �'.,......_._.�'. �'�'.::_'. D_.,._..�:.,....'. `.'_": ' _ a�^�+" Residential ParkinQ and Vehicle ��, _-, - Stora.ge 19.130.2XX Purpose and intent The purpose of this article is to establish standards for.parkin� and stora�e of vehicles for residential zones and uses These standards are intended to�rotect propertv values bv reducin� visual blight caused bv vehicle stora�e located on lawns and other ve+�etated areas and to vrovide reasonable size limitations for stora�e of commercial and recreational vehicles. 19 130 2XX Parkin� and storage of motor vehicles and nonmotorized vehicles �l) All motor vehicle and nonmotorized vehicle�arking and stora�e for residential uses containin� either detached or attached dwellin�s shall be in a�ara�e carport driveway or a parkin� Uad except for recreational vehicles to be used as a temQorar�dwelling as specified in FWRC 19.130.290(1). A parkingpad shall accommodate the size of the vehicle and be composed of asvhalt or cement. T'he director mav grant a modification of parking._pad surface materials to include �ravel, pavers, LID methods or other suitable materials pursuant to criteria set forth in FWRC 19.130.100. �) Anv �arage carQort or parkingpad shall have direct drivewav access. �) All vehicles considerediunked wrecked dismantled or inoperable must be stored in a completely enclosed buildin�. 19.130.250 Parking and storage of commercial vehicles in residential zones limited. Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as follows: (1) A malcimum of one commercial vehicle based on standard pickup, light duty trucks, or passenger vehicles, that does not exceed a maximum of 10,000 pounds gross vehicle weight rating (GVWR as defined in RCW 46.25.010) may be parked on any residentially zoned lot; (2) A maximum of one commercial vehicle regardless of GVWR may be parked or stored on any lot in a single-family residential zone (RS 35.0) or a suburban estates zone (SE); (3) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48 hours for the exclusive purpose of loading or unloading the vehicle; (4) Commercial vehicles may be parked on any lot in a residential zone for construction purposes pursuant to a valid development permit; (5) A maximum of one commercial vehicle not more than nine feet in height and 22 feet in length may be parked on any lot if used for private construction purposes and when it is not visible from a right- of-way or access easement and not parked in the driveway; (6) Parking or storage as allowed by FWRC 19.130.270. Except for commercial vehicles used for.loading and unloading purposes and commercial vehicles for construction purposes with a valid development permit, no more than one commercial vehicle is allowed per lot. (Ord. No. 09-607, § 3(Exh. A-1), 4-7-09; Ord. No. 09-595, § 12, 1-6-09; Ord. No. 04-45.7, § 3, 2-3-04. Code 2001 § 22-1176.) �� PAGE. �C��. 3 _ , E��' � z4 P��,_1.__�F�_._. 19.05.140 N definitions. "Native vegetation" includes native, undisturbed areas or rehabilitation of previously disturbed areas that consist of trees, plants, forest litter, and understory indigenous to the Pacific Northwest or near natives that are suitable for the Pacific Northwest climate. Invasive species, such as Himalayan Blackberry or Scotch Broom, are not native species. "Natural features " means physical characteristics af the subject property that are not manmade. "Natural materials " means materials chemically unaltered from their natural sta.te. "Naturad surveillance " means easy observation of buildings, spaces, and activities by people passing, living, working, or recreating nearby. "Nonconformance " means any use, structure, lot, condition, activity or any other feature or element of private or public property or the use or utilization of private or public property that does not conform to any of the provisions of this title or that was not approved by the city of Federal Way through the appropriate decision-making process required under this title. "Nonliving groundcover" means gravel, chipped bark or similar nonpolluting material through which water can freely percolate to the soil beneath. "Nonmotorized vehicles" include but are not limited to travel and camv trailers, utilitv trailers, truck carnpezs and boat or vehicle transport traile�s. "Normal maintenance " includes interior and exteriorxepairs and incidental alterations. "Narmal maintenance and repair " ineludes, but is not limited to, painting, roof r�pair and replacement, plumbing, wiring anc� electrical systems, mechanieal equipment replacemen� and weatherization. "Incidental alterations " includes, but is not limited to, construction af nonbearing_walts or partitions. "Notice of determination " for sign regulations means the determination tnat the city issues as to whether a sign conforms to this title and other sections of tliis Code. "Nuisance vegetation " shall mean any tree or vegetation that, in the opinion of the city or an expert approved by the city (such as, but not limited to, 'a professional forester, certified arborist, or landscape architect), is an invasive variety, is an allergen, or due to its location is causing or is likely to cause damage to a permanent structure, or other economic or environmental harm or harm to human, animal, ar plant health that cannot be mitigated without removal of the tree or vegetation. "Nursing home" means the same as "convalescent center." (Ord. No. 49-610, § 3(Exh. A), 4-7-49; Ord. No. 09-593, § 24, 1-6-09. Code 2001 § 22-1.14.} . - � o � �n �zn n •a ,�; t „�e� , � i +�, t � a „ ,.,.i.;�.;�oa t�,Ltit,;,. „�..,�Eo,. Y Y � r � ' > > f • > > f • s . � . f f 7 � - ` �+ / � �+ � ' f� �+�.o ��` �� =��on o�� . PAGE_�...... �x �� - z5 PA�� = 19.130.260 Parking and storage of recreational vehicles and boats in residential zones limited. Parking or storage of any recreational vehicle or boat more than nine feet in height and more than 22 feet in length is prohibited in residentially zoned lots except as allowed by FWRC 19.130.270 or 19.130.290(1). (Ord. No. 09-607, § 3(E�. A-1), 4-7-09; Ord. No. 09-595, § 13, 1-6-09; Ord. No. 04-457, § 3, 2-3-04. Code 2001 § 22-1177.) 19.130.270 Exceptions. The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage o�the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 09-607, § 3(Exh. A-1), 4-7-09; Ord. No. 04-457, § 3, 2-3-04; Ord. No. 00-375, § 25, 2000; Ord. No. 90-43, § 2(115.145(2)), 2-27-90. Formerly 22-1177. Code 2001 § 22-1178.) 19.130.280 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 09-607, § 3(Exh. A-1), 4-7-09; Ord. No. 04-457, § 3, 2-3-04; Ord. No. 90-43, § 2(115.145(2)), 2-27-90. Formerly 22-1178. Code 2001 § 22-1179.) 19.130.290 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle, recreational vehicle, or boat parked in a residential zone for more than 14 days in any 180-day period, except as allowed by subsection (1) of this section. (1) Based on a written request, the director may permit a recreational vehicle of any size to be used as a temporary dwelling on a single-family residential lot where the primary dwelling unit is unsafe to occupy by reason of disaster or accident such as fire, wind, earthquake, or other similar circumstance, provided: (a) The recreational vehicle may be occupied for a maximum of 12 months from the date the primary dwelling was damaged. One 12-month extension may be granted by the director based on demonstration of continuing hardship and documented good faith efforts to complete construction. (b) Occupancy of the recreational vehicle shall cease within 30 days of issuance of a certificate of occupancy for reconstruction of the primary dwelling unit at the property. (c) The recreational vehicle may be located within the required front yard setback but may not obstruct sight distance at driveways and intersectians. The recreational vehicle may not be in required side or rear yards setbacks. (d) Generators shall not be utilized. (e) The director's approval is revocable if the requirements of this section are not met. (2) The director shall provide a copy of the approval letter to the applicant, property owner (if different from the applicant), and all adjoining property owners. (Ord. No. 09-607, § 3(Exh. A-1), 4-7-09; Ord. No. 04-457, § 3, 2-3-04; Ord. No. 90-43, § 2(115.145(3)), 2-27-90. Formerly 22-1179. Code 2001 § 22-1180.) �, EX�"'�� PAGE � �'F-1= ��' � 26 P�,�E��__�___ 19.130.100 Surface material. The surface material requirements of FWRC 19.130.210 may be modified if: (1) The surfacing material will not enter into the drainage system, or onto public or other private property; (2) The surfacing material will provide a parking surface which is usable on a year-round basis; (3) Use of the surfacing material will not result in dust or deterioration of air quality; and (4) Runoff from the parking axea will not degrade water quality. (Ord. No. 07-554, § 5(Exh. A(11}), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 90-43, § 2(105.115(2)(g)), 2-27-90. Formerly 22-1403. Code 2001 § 22-1400.) EXl�'��'� S�` �' PAGE...��'..=- E��' � . z7 PA��,_ ��,,.� ' I Il �. ~ • � : . DETERMINATION OF NONSIGNIFICANCE (DNS) Proposed Text Amendments to Federal Way Reuised �'ocie (FWRC) Related to Vehicle Storage Requirements in Residential Areas (Non-Project Action} File Noc 10-102049-00-UP Description: Proposed text amendments to the City's zoning and development code include the addition of prescriptive requirements of asphalt or pavement for residential vehicle storage surface material; the removal of exemption for all lots greater than 20,000 square foot ta comply with the resider�tial vehieie storage regulations; and housekeeping amendments to remove redundant tanguage from the existing residentiai vehicle storage code section. Location: Non-project action — Citywide - Applicant: City of Federal Way Lead Agency: City of Federal Way Staff'Cont°act: Associate Planner Matthew Herrera, 253-835-2638 The lead agency for this proposat has determined that it does not have a probable significant adverse impact on the environment, and an environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmenta! checklist, Federal Way Comprehensive Plan, and other municipal policies, plans, rules, and regulations desigr►ated as a basis for exercise af substantive authority under the State Environmental Policy �ict pursuant to RCW 43.31 C.l l0. This information is available to the public on request. Further information regarding this action is available to the public upon request from the Department of Community Development Services. This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposai for I4 days from the date below. Comments must be submitted by S:OQ p.m. on July 14, 2010. Unless modified by the City, this determination will become final following the above comment deadline. Any person aggrieved ofthe City's final determination may tile an appea[ with the City within 14 days ofthe above comment deadline. You may appeal this determination to the Federal Way �ity Clerk, at the City of Federal Way (address below), no later than 5:00 p.m. on Ju1y 28, 2010, by a written letter stating the reason for the appeal of the determination. You should be prepared to make spec�c factuai objections. Responsible Official: Greg Fewius Title: Director, Department of Community Development Services Address: 33325 8"' Avenue South, PO Box 9718, Federal Way, WA 98063-9718 � �XM � �'�-� Date Issued: June 30, 2010 Signature: y � � PAGE o ��'-�- f.)oc. I;D. 54655 �� . 28 PAGE_.�__._0�.�._.__ Stakeholders List Updated June 21, 2010 Bob Cooper Lloyd Enterprises Inc. PO Box 3889 Federal Way, WA 98063-3889 bobc(ci�llovdente�pris�sinc.com Chris Carrel Friend of the Hylebos PO Box 24971 Federal Way, WA 98093 ccarrel(c7r att.blac.kberry.net Dan Biles SBI Developing PO Box 73790 Puyallup, WA 98373 danb � soundbuilthc�mes. c o.m Kurt Wilson SBI Developing PO Box 73790 Puyallup, WA 98373 (253) 539-8116 kurt�sotmdbuilthomes. com Julie Ramseth Harsch Investment Properties 13010 NE 20�' Street, Suite 450 Bellevue, WA 98005 julierraharsch.com Julie Ramseth Harsch Investment Properties 13010 NE 20` Street, Suite 450 Bellevue, WA 98005 (530)450-0778 'ulier a�harsch.com Don Perry Lakehaven Utility District PO Box 4249 Federal Way, WA 98063 dperry ��lakehaven.or� Tim Osborne, PE Lakehaven Utility District 31627 1 S ` Avenue South Federal Way, WA 98003 (253)946-5540 tosborne(a-lakehaven.vr� John Bowman Lakehaven Utility District PO Box 4249 Federal Way, WA 98063 (253)946-5401 ibowruan(a'lakehaven.ora Gil Hulsmann Abbey Road Group PO Box 1224 Puyallup, WA 98371 (253) 435-3699 g il. hu l s ma nn� abb evro ad grouu. c o m Jennifer povey Windermere 33405 6�` Avenue South Federal Way, WA 98003 (206) 423-8000 j sdove�ci�wzndermere.com John Norris Noms Homes 2053 Faben Drive Mercer Island, WA 98040 (206)275-19Q1 ,� otuu�arrisncomcast.net Mark Clirehugh GVA Kidder, Mathews, Segner 1201 Pacific Avenue, #1400 Tacoma, WA 98402 (253)722-1416 marckc(�i�vaicm.cam Paul Lymberis Quadrant Homes PO Box 130 Bellewe, WA 98009 (425)452-6556 P aul.l vmberisrc�ailadrant]ZOmes.com Paul Manzer Pacland Development Consulting 11235 SE 6` Street, Suite 220 Bellevue, WA 98004 (425)453-9501 prna nzeria.,pac lanti. com Rod Leland Federal Way Public Schools 31405 18`� Avenue South Federal Way, WA 98003 rleland(�a,f'wsd. wednet.edu Sid White Federal Way Public Schools 1066 South 320`� Street Federal Way, WA 98003 (253)945-5935 stivhite(�a,fwps.ora Gordon Olson South King Fire & Rescue 31617 l Avenue South Federal Way, V�A 98003 (206) 227-9301 gordon olson�re southkin�fire.or� Tom Raymond South King Fire & Rescue 31617 1s Avenue South Federal Way, WA 98003 (253)946-7241 Tom.ra ivn ond�southkin�fire.orQ Tom Pierson Federal Way Chamber of Commerce PO Box 4220 Federal Way, WA 98063 (253)838-2605 tomp�a federalwaychamber.com Sam Pace Sea/King County Assoc of Realtors 29839 154�' Avenue SE Kent, WA 98042-4557 (253) 630-5541 sa rrtpaceC;conce ntric.net Ron Tremaine Redstone Development Land Acquisition and Development 17417 433` Street SE North Bend, WA 98045 redstoneron(c�hotmail. com 425-831-7730 (wk) �� 206-353-1761 (� u � � �� ( �. � 425-831-7783 ( �� ' PAGE ��. �� P g� �� a�e�Pof 3 �� K\20t0 Code Amendmznts�06-21 17 Stakehol0ers Listdoc 29 Monte Powell Powell Homes 29607 8�` Avenue South Federal Way, WA 98003 monte ccpowell-hames.com Garrett J. Huffman Master Builders Association of King/Snohomish Counties 335 116'� Avenue SE Bellevue, WA 98004 ghuffman(a�mbaks. co m 425-460-8236 (MBAKS) Brant A. Schweikl, P.E. Managing Member Schweikl and Associates, PLLC 705 South 9`� Street, Suite 303 Tacoma, WA 98405 bschweiklCcU.sacivil.net 253-272-4451 (wk) 253-272-4495(fax) Mike Behn Quadrant, Development Manager 14725 SE 36`� Street, Suite #200 PO Box 130 Bellevue, WA 98009 mike.behn�4uadrantho mes.com 425-452-6563 425-753-4866(cell) Bob Roper bob.roper(a��comcast.net 253-941-6954 Dale A Roper The Roper Company Landscape Architecture/Site Planning 816 Cfierry Avenue, #3A Sumner, WA 98390 253-891-1030 253-826-3891 (fax) roperdale c�,aol.com Gary Hering 1439 SW 296`� Street Federal Way, WA 98023 .�.�'herinena,comcast.net Tim Atkins Big Mountain Enterprises PO Box 1001 Enumclaw, WA 98022 ti m<c�bi�inountainent.com Bill McCaffrey WJM Studio 1911 SW Campus Drive, Suite 116 Federal Way, WA 98023 � mccaffrey�a�comcast. net Tom Barghausen Barghausen Consulting Engineers 18215 72 Avenue South Kent, WA 98032 tbarghausen�barghausen.com Peter Townsend 1648 South 310`� Street, Suite 6 Federal Way, WA 98003 253-839-2947 petert8�me.com Auburn, WA 98032 Mike Baily LDG Architects 1319 Dexter Avenue, Suite 260 Seattle, WA 98109 206-283-4764 mike a tdgarchitects.com Chad Weiser OTAK 10236 NE Points Drive, Suite 400 Kirkland, WA 98033-7897 206-442-1359 chad.weiser,cnr�otak.co m Christine Balyeat New Concept Homes PO Box 1229 Issaquah, WA 98027 hcbalyea�hotmail. com Mark Freitas 33516 9�' Avenue South Federal Way, WA 98003 253-838-8327 markfccim cr,cs.com Tres Kirkebo Apex En�ineering 2601 35 Street, Suite 200 Tacoma, WA 98409 253-473-4494 kirkebo@apeYengineerin�. tiet K.\?016 Cude Amendments\06-2I-1,Q Stakehoiders Lis[.doc 3 � Gary Martindale The Commons of Federal Way 1928-B South Commons Blvd Federal Way, WA 98003 253-839-6156 �martindale� tcafw.com Jeff Greene Greene Gasaway Architects PO Box 4158 Federal Way, WA 98063-4158 253-941-4937 jeff 7g�arch �seanet.com Steve Hammer Browleit Peterson Hammer Architects 6920 220`� SW, Suite 200 Mountlake Terrace, WA 98043 stevena,bpharch.com Mel Easter Johnson Braund Design Group 15200 52° Avenue South, Suite 200 Seattle, WA 98188 206-766-8300 rnele(c�., j,bd�.com Koong Cho Royal Hospitality (Hampton Inn) 15901 West Valley Highway Tukwila, WA 98I88 253-318-0908 koongcCa3,comcast. net Jim Jordan (Saghalie Heights developer) irj ordan(c�.isomedia.com Mike Hovland Hovland Archit�cts 900 Meridian Avenue East, Ste 408 Milton, WA 98354 hovarcht n�„_�camcast.net Dave Thorstad 406 South 289`� Place Federal Way, WA 98003 dltarchitectna comcast.net Dan Coxall Hammes Co. (St. Francis Hospital) 1325 4`� A v�(�Ql� �.� Q, Seattle, W �9g� '` � dcoYall(a?liafi�'��c �- �� c�nt �� i�� -- V �' Pa �g" .....�� Tony Starkovich 1611 9`� Avenue North Edmonds, WA 98020 425-775-6552 vintage c a� tal (iU h otmail. c a m Gareth Roe BCRA 2106 Pacific Avenue,'Suite 300 Tacoma, WA 98402 253-627-4367 �roe(ci;�bcradesi 7n.�� com Brett Thomas brett(�xnauntainconst.com Connie Boyle comiie.boyle a James Pate james�(a�.harsch.com JeffOliphant j1o�5 a Jerry Heinz }erry.heinz c�r,weverhaeuser.com Jon Potter pott�r.nwp�a�amail.com Randy Lloyd rand�lovd(��print.blackberry.net Rick Olson RickOlson(%fhshealth.or� Rob Aigner roba�c�harsch.com Rob Rueber arrueber(a�comcast.net Scott Rhodes rhodesarchitecture�a��mail.com Sheppard Cutler s��-c(cu,fishersons.com Gordon Olson Gordon.olson(�southkinsfire.ar� Steve Honeycutt shonevcutt a��vildwaves.com K:\2010 Code Amendments\06-21- I 0 Stakehofders List. doc 31 Heidi Swartz Swartz Development 5724 30`'' Avenue NE Seattle, WA 98105 (206) 730-6933 cell (206) 527-8999 fax hpswartz�? co mcast.net EXM�� ' PAGE.....�._� -�- 6�� o..,.,.�,.r� PA��t�� `_ � ___ ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to residential off-street parking; amending FWRC 19.05.140; amending FWRC 19.130 Article VII; and repealing FWRC 19.130.230. (Amending Ordinance Nos. 09-610, 09-607, 09-595, 09- 593, 08-585, 07-573, 04-457, 00-375, 99-341, and 90-43) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; 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 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to clarify appropriate residential off-street parking surface materials within the City of Federal Way; and WHEREAS, the proposed amendments would remove the �ndefined term of approved impervious surface and replace with driveway or parking pad; and WHEREAS, the proposed amendments would remove the large lot exemption and provide equitable regulation; and WHEREAS, non-substantive changes would consolidate similar code sections and eliminate redundancies; and Ordinance No. 10- Page 1 of 7 Rev 1/10 LU 32 EXM��-� � PAGE._�.r..��=�.-_ WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on June 30, 2010, and no comments or appeals were received and the DNS was finalized on July 28, 2010; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on July 21, 2010; and forwarded a recommendation of approval with modification to the City Council as follows: pervious asphalt and pervious concrete as examples for alternative surfaces that may be granted a modification from the director; WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on August 2, 2010. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section l. Findin�s. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by clarifying existing policies and intent. (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. Ordinance No. l 0- Page 2 of 7 Rev 1/10 LU �X� � �'�� 3 33 pAGE � .��? .- (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUGI Improve the appearance and function of the built environment. LUG3 Preserve and protect Federal Way's single-family neighborhoods. LUP14Maintain and protect the character of existing and future single-family neighborhoods through strict enforcement of the City's land use regulations. HP4 Maintain a strong code enforcement program to protect residential areas from illegal land use activities. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare as it will remove ambiguity regarding what is and what is not considered appropriate vehicle storage. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way as it provides clarity to an existing code provision, aesthetic value to residential areas, and equity among all single-family property owners. Section 3. FWRC 19.05.140 is hereby amended to read as follows: 19.05.140 N definitions. "Native vegetation" includes native, undisturbed areas or rehabilitation of previously disturbed areas that consist of trees, plants, forest litter, and understory indigenous to the Pacific Ordinance No. 10- 34 Page 3 of 7 Rev 1/10 LU EXH!��l�' 3 PAGE � Gr��. Northwest or near natives that are suitable for the Pacific Northwest climate. Invasive species, such as Himalayan Blackberry or Scotch Broom, are not native species. "Natural features" means physical characteristics of the subject property that are not manmade. "Natural materials" means materials chemically unaltered from their natural state. "Natural surveillance " means easy observation of buildings, spaces, and activities by people passing, living, working, or recreating nearby. "Nonconformanee " means any use, structure, lot, condition, activity or any other feature or element of private or public property or the use or utilization of private or public property that does not conform to any of the provisions of this title or that was not approved by the city of Federal Way through the appropriate decision-making process required under this title. "Nonliving groundcover" means gravel, chipped bark or similar nonpolluting material through which water can freely percolate to the soil beneath. "Nonmotorized vehicles " include but are not limited to travel and camp trailers, utilitv trailers truck campers, and boat or vehicle transport trailers. "Normal maintenance " includes interior and exterior repairs and incidental alterations. "Normal maintenance and repair " includes, but is not limited to, painting, roof repair and replacement, plumbing, wiring and electrical systems, mechanical equipment replacement and weatherization. "Incidental alterations" includes, but is not limited to, construction of nonbearing walls or partitions. "Notice of determination" for sign regulations means the determination that the city issues as to whether a sign conforms to this title and other sections of this Code. "Nuisance vegetation " shall mean any tree or vegetation that, in the opinion of the city or an expert approved by the city (such as, but not limited to, a professional forester, certified arborist, or landscape architect), is an invasive variety, is an allergen, or due to its location is causing or is likely to cause damage to a permanent structure, or other economic or environmental harm or harm to human, animal, or plant health that cannot be mitigated without removal of the tree or vegetation. "Nursing home " means the same as "convalescent center." Section 4. FWRC Chapter 19.130 Article V is hereby repealed in its entirety. . . . . . . �- � - - - - - - - . - - - - _ • - . - - Ordinance No. 10- Page 4 of 7 Rev 1/10 LU 35 EX�:��1� j1 PAGE__�___��.-_ � �� - _ - - Section 5. FWRC Chapter 19.130 Article VII is hereby amended to read as follows: Article VII. r',,....�._._.�� '��':_� D_____+��___� "�'-_�_ ,_" �^°t Residential Paxkin� . . .. ._.,, _ - and Vehicle Stora�e Section 6. Chapter 19.130 Article VII of the Federal Way Revised Code is hereby amended to add a new section Purpose and intent to read as follows: 19.130.245 Purpose and intent The purpose of this article is to establish standards for and stora�e of vehicles for residential zones and uses These standards are intended to protect property values bv reducin� visual bli�ht caused by vehicle storage located on lawns and other vegetated areas and to provide reasonable size limitations for stora�e of commercial and recreational vehicles. Section 7. Chapter 19.130 Article VII of the Federal Way Revised Code is hereby amended to add a new section Parking and storage of motor vehicles and nonmotorized vehicles to read as follows: 19 130 246 Parkin� and stora�e of motor vehicles and nonmotorized vehicles �1) All motor vehicle and nonmotorized vehicle parkin� and stora�e for residential uses containin� either detached or attached dwellin� shall be in a�arage carport, drivewav, or a parkin�pad except for recreational vehicles to be used as a temporarv dwellin�as specified in FWRC 19 130 290(1) A parkin�pad shall accommodate the size of the vehicle and be com�osed of asphalt or cement The director ma��rant a modification of parkin� pad surface materials to include gravel �avers LID methods (pervious a�halt,�ervious concrete etc.) or other suitable materials pursuant to criteria set forth in FWRC 19.130.100. �2) Any a�rage car�ort or parkin�pad shall have direct drivewav access. �3) All vehicles considered iunked wrecked dismantled or inoperable must be stored in a completely enclosed building. Section 8. 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 Ordinance No. 10- Page 5 of 7 � Rev 1/10 LU 36 EXN' �'� ��' J nsr±e � ��: � not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 9. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 10. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 1 l. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY OF FEDERAL WAY MAYOR, L1NDA KOCHMAR CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: Ordinance No. 10- Page 6 of 7 Rev 1/10 LU C N+�� 3 3 7 G �Mi PAG'E�-'��_L- EFFECTIVE DATE: ORDINANCE NO.: Orclinance No. 10- 38 Page 7 of 7 Rev 1/ I 0 LU EXM�"�'��' 3 PAGE�._��=_Z_._ COUNCIL MEETING DATE: September 7, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUB.TECT: 2010 Pedestrian Safety Program - Preliminary Project List and Authorization to Bid POLICY QUESTION Should the Council approve the Revised 2010 Pedestrian Safety Project Program Preliminary Project List and authorize staff to proceed with the design and bid of the proposed 2010 Pedestrian Safety Project Pro�ram? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business STAFF REPORT BY: Mar ❑ Ordinance ❑ Resolution vski. P.E.. Senior Traffic MEETING DATE: August 2, 201 O ❑ Public Hearing ❑ Other DEPT Public Works Attachments: Land Use and Transportation Committee memorandum dated August 2, 2010. Options Considered: 1. Approve the list of projects for the 2010 Pedestrian Safety Project Program as presented. Furthermore, authorize staff to bid all or part of the 2010 Pedestrian Safety Project Program, returning with a request for permission to award the project within the available 2010 Pedestrian Safety Program funds available to the lowest responsive, responsible bidder. 2. Direct staff to modify the preliminary list and return to Committee for further action. 3. Take no action and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the September 7 2010 City Council Consent Agenda for approvaL CITY MANAGER APPROVAL: �� DIRECTOR APPROVAL: � Committee Council Committee Council COMMITTEE RECOMMENDATION Forward Option 1 to the September 7, 2010 Council Consent Agenda for approval. Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION "I move approval of the2010 Pedestrian Safety Program - Preliminary Project List as presented. Furthermore, I authorize staff to bid all or part of the 2010 Pedestrian Safety Program, returning with a request for permission to award the project within the available 2010 Pedestrian Safety Program budget to the lowest responsive, responsible bidder. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READIIVG (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # 39 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: August 2, 2010 Land Use and Transportation Committee Brian Wilson, City Manager Maryanne Zukowski, P.E., Senior Traffic Engineer �%�'� Cary M. Roe, P.E., Director of Parks, Public Works an mergency Management � 2010 Pedestrian Safety Projects Preliminary Project List and Authorization to Bid BACKGROUND: In March of 2010, LUTC and City Council approved a prioritization of projects for the City Wide Pedestrian Safety Program. The total estimated budget for the program is $200,000 and is comprised of the following: 2010 Proposed Pedestrian Safety Program Budget $324,000 2010 budget adjustments - completed projects $124,000 TOTAL FUNDING AVAILABLE $200,000 The following is preliminary list of streets to be included in the 2010 Pedestrian Safety Projects Program based on the available funding for the 2010 budget. The streets were selected using the City's prioritization list approved March of 2010. Proposed project locations on a vicinity map is attached for your information. SCHEDULE LOCATION A SW 320` St @ lO Pl SW B S 348�' St @ 6�` Ave S C SW 320 St @ 14�' Wy SW D l l Pl S@ S 322 St E SW 336 St @ 26 Pl SW F SW 312th St @ 8�' Ave SW G S 304 St @ 16` Ave S H S 312�' St @ Steel Lake Park IMPROVEMENTS AMOUNT 3 RRFB's and Pedestrian Refuge Island $48,276 3 RRFB's and Pedestrian Refuge Island $48,451 3 RRFB's and Pedestrian Refuge Island $48,400 2 RRFB's $24,501 3 RRFB's and Pedestrian Refuge Island $44,498 2 RRFB's and Small Pedestrian Island $26,319 2 RRFB's $18,037 2 RRFB's $20,200 ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: 10% Construction Contingency Construction Administration Printing and Advertising $278,682 $27,868 $27,868 $3,500 ESTIMATED TOTAL PROGRAM COST $337,918 *Improvements — RRFB = Rectangular Rapid Flashing Beacon; Note: Cost varies depending on need for ADA wheelchair ramps and pavement markings. The estimated cost of $337,918 is a preliminary figure used for estimating purposes oniy and includes construction administration, ten percent construction contingency, and printing and advertising. The 2010 Pedestrian Safety Projects Program will be awarded within the available program budget. Once Council approves the list of streets for the Pedestrian Safety Projects Program, staff will finalize design. The anticipated date for advertising is September 2010, with construction beginning in October 2010. K:\LUTC\2010108-02-10 2010 Pedestian Safety Projects Preliminary Project List update and suthorization to bid.docAugust 2, 2010 Land Use and Transportation Committee 40 2010 Pedestrian Safety Projects Page 1 of 2 K:U,UTC\2010\08-02-10 2010 Pedestian Safety Projects Preliminary Project List update and suthorization to bid.docAugust 2, 2010 Land Use and Transportation Committee 41 2010 Pedestrian Safety Projects Page 2 of 2 PROPOSED PROJECT LOCATIONS VICINITY MAP COUNCIL MEETING DATE: September 7, 2010 ITEM #: _ ................_...._..._..._.........._.._.............................................._............................................._............._...............................................................................................................................�........................................................_...__._._.._..............__.._.............._......................._._..._.................................._........_...---- - ---......_...... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUS.TECT: Speed Limit Ordinance — Proposed Changes POLICY QUESTION Should Council amend Federal Way Revised Code (FWRC) 830.040 to increase, decrease or modify speed regulations at specified locations? COMMITTEE Land Use and Transportation Committee CATEGORY: ❑ Consent � Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Maryanne Zukowski P.E., Senior Traffic MEETING DATE: August 2, 201 O ❑ Public Hearing ❑ Other ,DEPT Public Works Attachments: Memorandum to Land Use and Transportation Committee dated August 2, 2010. Options Considered: l. Approve the proposed ordinance amending FWRC 8.30.040 as presented. 2. Do not approve the proposed ordinance and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the September 7, 2010 City Council Ordinance agenda for first reading. CITY MANAGER APPROVAL: ��/tiV DIRECTOR APPROVAL: Cii� 1 Committee Council Committee COMMITTEE RECOMMENDATION: council Dini Duc C hair Jim Ferrell, Mernber Jack Dovey, Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (9/7/2010) I move to forward the ordinance to a second reading for enactment on the 9/21/2010 City Council ConsentAgenda. 2 READING OF ORDINANCE (9/21/2010) "I move approval of the proposed ordinance amending FWRC 8.30.040. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 42 K:\COUNCIL�AGDBILLS�2010\09-07-10 revised from 04-20-10 Speed limit ordinance changes Agenda Bill - Ordinance.doc CITY OF FEDERAL WAY MEMORANDUM DATE: August 2, 2010 TO: Land Use and Transportation Committee VIA: Brian Wilson, City Manager/Police Chief FROM• Maryanne Zukowski, P.E., Senior Traffic Engineer ,"�,� ' Cary M. Roe, P.E., Director of Parks, Public Works an mergency ManagemenlCi� \ SUBJECT: Speed Limit Ordinance - Proposed Changes BACKGROUND: �eed Limit Ordinance The City Council has authority to determine all speed limits in Federal Way, except on state highways where the Washington State Transportation commission has sole authority. Streets not explicitly defined in the code default to the state maximum speed limit, which is 25 mph on city streets. The City Council also has the authority to reduce the minimum speed limit of 25 mph to 20 mph under special considerations. Staff is updating the code for speed limits within the new annexation areas since 2005, park roads, gravel roads, and staff requests for three street locations. Citizen requests for the revision of existing speed limits on three major streets have been received this year. 1) Newly annexed areas where posted limits exist that are not defined by code include the following: Military Rd S: S 320 St to SR18 Milton Rd S: S 369 St to S 376 St 2) All park internal roadways where posted speed limits exist that are not defined by code and any future internal park road are proposed at 20 mph and include the following: French Lake Park Steel Lake Park Steel Lake Maintenance Celebration Park Community Center Saghalie Park Lake Killarney Park 43 Land Use and Transportation Committee 3) Traffic Staff requests include the following locations: City Center 20�' Ave S: S 312�' St to S 320`�' St (increase from 25 mph to 30 mph) S 317�' St: 23` Ave S to 28�' Ave S(reduction from 35 mph to 30 mph) 18�' Pl South: S 341 Pl to S 344 St (adopt posted speed limited at 20 mph) 4) Citizen requests include the following locations: S 359` St: SR99 to 16 Ave S(reduction from 35 mph to 25 mph) S 372 St: Milton Rd S to Milton Rd S(reduction from 35 mph to 25 mph) City Center 23` Ave S: S 312 St to S 317�' St (increase from 25 mph to 30 mph) Gravel roadways citywide without posted speed limits (see Table 1) ANALYSIS Speed Limit Ordinance The federal Manual on Uniform Traffic Control Devices, adopted by the city in FWCC Section 19.135.060, lists the following criteria for determining appropriate speed limits: a. Road surface characteristics, shoulder condition, grade, alignment, and sight distance; b. The 85 percentile speed and pace speed; c. Roadside development and culture, and roadside friction; d. Safe speed for curves or hazardous locations within the zone; e. Parking practices and pedestrian activity; f. Reported accident experience for a recent 12-month period. Another criterion that staff would consider is consistency with speed limits on similar streets. The Institute of Transportation Engineer's Traffic Engineering Handbook provides the following rationale and guidance for setting speed limits: ■"Proper use of speed regulation is based on the recognition that lower speed reduces stopping distances and generally reduces severity of accidents." ■"Speed regulations and speed limits are intended to supplement motorists' judgment in determining speeds that are reasonable and proper for particular traffic, weather, and roadway conditions." ■"However, if drivers do not consider speed regulations to be reasonable, the limits will be disobeyed and lose much of their value." ■"...the more a driver deviates from the average speed of traffic, the greater his or her chance of being involved in an accident." ■"The 85�' percentile speed as determined by speed studies is a principal factor to be used in the determination of proper speed limits. It is generally assumed that 85% of drivers operate at speeds that are reasonable and prudent for the conditions present in each situation. Hence the 85�' percentile speed of a spot-speed distribution is a first approximation of the speed zone that might be imposed, subject to consideration of other factors, as listed above [citing MUTCD criteria]." 44 k:U.UTC\2010\8-2-10 Speed Limit Ordinance — Proposed Changes Staff Memo.doc Land Use and Transportation Committee 1) Annexed areas where posted speed limits exist that are not defined by code include the following: Military Rd S: S 320�' St to SR18 (45 mph) Milton Rd S: S 369 St to S 376�` St (35 mph) The City has limited collision data on which to base a change in existing speed zones and no requests have been made to revise these areas. Therefore, staff recommends that the existing speed limits be adopted and codified. 2) All park internal roadways (depicted in Exhibit A) where posted speed limits exist that are not defined by code and any future internal park road are proposed at 20 mph and include the following: French Lake Park Steel Lake Park Steel Lake Maintenance Celebration Park Community Center Saghalie Park Lake Killarney Park The City Law Department findings dictate that internal roads in City parks qualify as "highways" by statute, and are therefore subject to the statute that limits a city's ability to set speed limits to between 20 and 60 mph. Therefore, staff recommends that the existing speed limits be adopted and codified for these parks. 3) Traffic Staff requests include the following locations: Cit Center 20 Ave S: S 312 St to S 320 St 20 Ave S is a two-lane principal collector with a two-way left turn lane and bike lanes. This roadway is parallel to 23rd Ave S. The posted speed limit is 25 mph, the 85tn percentile for S 312 St to S 316 St is 32.2 mph and the 10 mph pace is 23 mph to 33 mph. The 85�` percentile for the S 316 St to S 320 St is 31.3 mph and the 10 mph pace is 22 mph to 32 mph. The roadside is developed multi-family and commercial while planned for mixed-use high-rise in the vicinity. The corridor collision history for the last recorded 5 years is listed below: 2005 0 collisions 2006 1 collisions — Fixed Object / Parked Vehicle 2007 1 collisions — Head On 2008 0 collisions 2009 2 collisions - Rear End Staff recommends the speed limit on this roadway be increased to 30 mph. k:�I,UTC�2010\8-2-10 Speed Limit Ordinance — Proposed Chat��es Staff Memo.doc Land Use and Transportation Committee S 317 St: 23 Ave S to 28 Ave S S 317�' St between 23` Ave S to 28 Ave S is a two lane minor arterial with curbside sidewalks, on-street parking, and has one mid block pedestrian crossing. S 317 St connects direct access from I-5 to the Regional Transit Facility for High Occupancy Vehicles. The 85 percentile speed is 34 mph, with a 10 mph pace speed of 23 to 32 mph with 58% within that range. Adjacent properties are commercial, retail, and multifamily housing. Currently on-street parking is permitted, and pedestrian activity is relatively moderate to low. The corridor collision history for the last recoded 5 years is listed below: 2004 1 collision - Parked Vehicle 2005 1 collision - Sideswipe, 1 collision - Parked Vehicle 2006 1 collision - by Rear End 2007 2 collisions - Parked Vehicle, 2 collisions - by Approach Turn 2008 3 collision by - Right Angle, 1 collision - by Rear End, 1 collision - by Backing Up Since the opening of the S 317` St direct access ramps and the Regional Transit Facility Center, there are a significant amount of buses using this corridor and an increase in vehicles using this route. Because of the collision types above with parked vehicles and the significant increase in turning traffic, the 2010 overlay of this roadway segment will eliminate parking and provide a two way left turn lane. In order to provide for this safety component, a parking buffer between pedestrian and vehicles is removed. Staff recommends reducing the speed limit on this roadway to 30 mph. 18�' Pl S: S 341 St to S 344 St The Developer Agreement between the City of Federal Way and Christian Faith Center provides for a 20 mph speed zone for the private school walking area of 18 PI S. Therefore, staff recommends that the existing 20 mph speed limit be adopted and codified. 4) Analysis of each citizen request follows. S 359 St: SR 99 to 16 Ave SW S 359 St is a two-lane minor collector with a posted speed limit of 35 mph. This section of roadway has some paved shoulders that vary in width. The horizontal alignment is mostly straight with one gentle curve. The 85�' percentile speed is 39 mph and the 10 mph pace is 29 to 39 mph with 69% within this range. Adjacent land use is single-family residential and vacant property. There is little parking activity along the roadway's shoulders. Although there is limited pedestrian activity, portions of the street are used by high school students walking to and from Todd Beamer High School. There are no reported mid-block collisions in the last 5 years to support any existing safety issue. k:U.UTC�2010\8-2-10 Speed Limit Ordinance — Proposed Changes StaffMemo.doc 4 Land Use and Transportation Committee Speed data was collected during the school year. Staff performed an additional speed study in the summer months to evaluate the influence of vehicles driven to the high school. The results of the additional speed study were the same. Staff is recommending the speed limit remain at 35 mph along this roadway. S 372 St: Milton Rd S to Milton Rd S S 372 Street and Milton Rd South is a two-lane principal collector with a posted speed of 35 mph. Shoulders are surfaced with a combination of gravel and paved surfaces with widths ranging from two to four feet. The 85�' percentile speed is 39.6 mph and the 10 mph pace speed is 31 to 41 with 78% of drivers in this range. The roadside is lightly developed with single-family residential homes. There are two horizontal curves, one with a posted advisory speed of 20 mph. There have been four collisions reported in five years all being properiy damage only. Since the 85` percentile is within the target range for a posted speed limit and the reported collision history is smadl, staff recommends the speed limit remain at 35 mph. Of concern is the amount of damage the guardrail is incurring from vehicle collisions that are not reported at the curve. Staff recommends that we research other countermeasures to remind drivers of curve advisory speeds. City Center 23` Ave S: S 312�` St to S 317`�' St 23` Ave S is a two-lane principal collector with a center two-way left turn lane, bike lanes and sidewalks on both sides. T'he posted speed limit is 25 mph, the 85�' percentile is 32.4 mph and the 10 mph pace is 23 mph to 33 mph. The roadside is developed multi- family and commercial while planned for mixed-use high-rise in the vicinity. The corridor collision history for the last recorded 5 years is listed below: 2005 2 collisions — Fixed Object / Parked Vehicle and Rear End 2006 2 collisions — Rear End and Approach Turn 2007 2 collisions — Right Angle and Head On 2008 4 collisions - Ped/Cyclist and Right Angle and two (2) Rear Ends Approximately ten (10) years ago, Council directed a reduction of speed to 25 mph. The current ordinance does not reflect this change. '�'he 85 percentile is within the target range for a posted speed limit and the connecting roadway of the 23` Ave S corridor is 30 mph. Therefore, staff recommends changing the signs posted at a speed of 25 mph to 30 mph consistent with the current ordinance and the corridor. k:\LUTC�2010\8-2-10 Speed Limit Ordinance — Proposed Changes Staff Memo.doc Land Use and Transportation Committee Gravel Roads Gravel roadways citywide without posted speed limits include the locations listed in Table 1(below). Gravel roadways citywide currently are not maintained by the Public Works Departinent and are not part of the enforcement areas of the City Police Department. Posting speed limits on gravel roadways will require signage for officer enforcement and City maintenance. Staff recommends that speed limits on gravel roadways remain unchanged. Table 1. City of Federal Way — Gravel Roads GRAVEL ROAD 2 AVE SW 3 AVE SW 3 AVE SW 3 AVE SW 4 AVE SW 4 AVE SW 5 AVE S 5 AVE SW 6 AVE SW 7 AVE SW 12 AVE SW 13 AVE SW 14 AVE SW 14 AVE SW 15 AVE S 22 AVE S 33PLSW 43 AVE SW 43 AVE SW 43 AVE SW S 276 ST S 293 ST S 297 PL SW 307 ST SW 308 ST SW 310 ST SW 320 ST S 340 ST S 340 ST SW 347 ST S 351 ST SW 361 ST SW 363 ST SW 366 ST SW 371 ST BEGIN SW 374 ST SW 366 ST 5W 368 ST SW 368 ST EOR S SW 372 ST 5 WAY S SW 371 ST SW 368 ST SW 368 ST EOR N SW 361 ST SW 360 ST SW 361 ST S 330 ST S 330 ST SW 344 ST HOYT RD SW HOYT RD SW HOYT RD SW PACIFIC HWY S 18 AVE S 20 AVE S 43 AVE SW EOR W 44 AVE SW EOR E 16 AVE S 18PLS 21 AVE SW PACIFIC HWY S 14 SVE SW 14 AVE SW 3 AVE SW 4 AVE SW END SW 366 ST SW 356 ST S 312 ST SW 346 ST SW 363 ST SW 361 ST SW 363 ST S 332 ST 44 AVE SW 53 AVE SW 18PLS 13 AVE SW 13 AVE SW 6 AVE SW 5 AVE SW k:\LUTC\2010\8-2-10 Speed Limit Ordinance — Proposed Chat��es Staff Memo.doc � - --- -- � _-__ --- � ; _ - _.- _ _ . � . 2 _ �, " �, � a � s� ` _ , � . , , 1 � � r . 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E, .« ��3 , _ E. � - � WP,.) r.tSS' �`�t � 5,+ � � 'iaG"al h�'.d�ilE "J:.�'1a�1 , Sag�ai e".9 d9 c 3c�>o! � agai ��'a!, , .'�;` �:� � � _ ;chccl� �i��:�c J.,a"a�; , � - � . i ' _. � � '3 EXISTING PARKS THAT HAVE INTERNAL ROADWAYS 51 � � � �l�f�.` Y�- ✓ t ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Speed Limits; amending FWRC 8.30.040. (Amending Ordinance Nos. 03-449, 00-364, 96-259, 93-177, and 90-29) WHEREAS, The state traffic laws regulating the speed of vehicles shall be applicable upon all streets within the city, except that the legislative authority of the city, as authorized by state law, may declare and determine by order, rule or regulation, properly adopted, that certain increased or decreased speed regulations shall be applicable upon specified streets or in certain areas, in which event it is unlawful for any person to operate a vehicle at a speed in excess of the speed so established when proper signs are in place giving notice thereof; and WHEREAS, Whenever conditions are found to exist upon an arterial street or highway which warrant an increase in the speed permitted by state law, the city council, subject to the approval of the state highway commission in cases involving state highways, shall determine and declare a reasonable and safe maximum speed limit for such arterial street or highway, or portion thereof, not to exceed 60 miles per hour; and WHEREAS, Whenever it is deemed inadvisable for vehicles to operate at the maximum speed allowed by state law on any portion of a street or public highway on account of a sharp curvation, highway construction or repairs, excessive traffic, any dangerous condition, or other temporary or permanent cause, the city council, subject to the approval of the State Highway Commission in cases involving state highways, shall determine and fix a lower maximum speed or otherwise regulate a lesser speed; provided, that in no case shall the maximum speed be reduced to less than 20 miles per hour; and Ordinance No. 10- Page 1 of 4 Rev 1/10 52 WHEREAS, this ordinance is in the interest of the public health, safety and welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 8.30.040 is hereby amended to read as follows: 8.30.040 Schedule. The maximum speed limits set forth in the following schedule of speed limits are hereby established as the reasonable and safe maximum speed limits to be effective at all times upon the streets and highways designated in the schedule. The city manager shall cause appropriate signs to be erected on such streets and highways, giving notice of the speed limits, as provided in this chapter. (1) Speed limit 20 mph No �erson shall operate a motar vehicle upon the followin� described roads in excess of 20 mph: All internal Parks roads: 18�` Place South, between South 341 Place and South 344�' Street_, (�} � Speed limit 30 mph. No person shall operate a motor vehicle upon the following described roads in excess of 30 miles per hour: 9th Avenue South, between South 336th Street and South 348th Street. l lth Place South, between South 320th Street and South 324th Street. 20th Avenue South, between South 312th Street and South 320th Street, 16th Avenue South, between South 356th Street and South 364th Way. 23rd Avenue South, between South 312th Street and South 324th Street. South 304th Street, between Pacific Highway South and Military Road South. South 317�' Street between 23rd Ave S Avenue South and 28 Avenue South. South 324th Street, between l lth Place South and 23rd Avenue South. South 364th Way, between 12th Avenue South and 16th Avenue South. Southwest 356th Street, between 20th Avenue Southwest and Pierce County. {-�} � Speed limit 35 mph. No person shall operate a motor vehicle upon the following described roads in excess of 35 miles per hour: lst Avenue South, between South 296th Street and South 356th Street. 12th Avenue South, between South 372nd Way and South 364th Way. 16th Avenue South, between South Dash Point Road and Pacific Highway South, and between Pacific Highway South and 348th Street. lOth Avenue Southwest, between Southwest Campus Drive and 6th Avenue Southwest. 21st Avenue Southwest, between Southwest Dash Point Road and Southwest 356th Street. 28th Avenue South, between South 304th Street and South 317th Street. South 288th Street, between Pacific Highway South and F.A.I. #5. South and Southwest 312th Street, between Southwest Dash Point Road and 28th Avenue South. Ordinance No. 10- Page 2 of 4 Rev 1/10 53 � �i, zi��i, c+ � �. � �Q+i, n., c,,,,��, „�a ��,.a n.,or„o c,,,,��, , ..�., .,.,�..... South and Southwest 320th Street, between 1,000 feet west of lst Avenue South and F.A.I. #5 and between 21 st Avenue Southwest and 47th Avenue Southwest. South 336th Street, between lst Way South and Weyerhaeuser Way South. Southwest 336th Street, between 21st Avenue Southwest and 26th Place Southwest. Southwest 336th Way, between 26th Place Southwest and 30th Avenue Southwest. Southwest 340th Street, between 30th Avenue Southwest and Hoyt Road Southwest. South 344th Street, between Weyerhaeuser Way South and 1,500 feet east of Weyerhaeuser Way South. Southwest 344th Street, between 21st Avenue Southwest and 35th Avenue Southwest. South 348th Street, between 1 st Avenue and Pacific Highway South. South 356th Street, between lst Avenue South and 16th Avenue South. South 359th Street, between Pacific Highway South and 16th Avenue South. South 373rd Street, between Pacific Highway South and South 372nd Way. South 372nd Way, between 12th Avenue South and South 373rd Street. Hoyt Road Southwest, between Southwest Dash Point Road and Pierce County. Milton Road South, between Enchanted Parkway South and South �1�' 376th Street. Redondo Way South, between South Dash Point Road and the South 284th Street (if extended). Southwest Campus Drive, between 1 st Avenue South and 21 st Southwest. South Star Lake Road, between South 272nd Street and Military Road South. Weyerhaeuser Way South, between South 320th Street and South 349th Street. �3} � Speed limit 40 mph. No person shall operate a motor vehicle upon the following described roads in excess of 40 miles per hour: South and Southwest 320th Street, between 21st Avenue Southwest and 1,000 feet west of lst Avenue South and between F.A.I. #5 and 1,000 feet east of Weyerhaeuser Way South. Southwest 356th Street, between lst Avenue South and 20th Avenue Southwest. Military Road South, F.A.I. #5 at South Star Lake Road and F.A.I. #5 at South 307th Street (if extended). (S�peed limit 45 mph No person shall operate a motor vehicle u�on the following described roads in excess of 45 miles per hour: Militarv Road South, between South 320th Street and State Route_ 18. Section 2. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter ar its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. 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 Ordinance No. 10- Page 3 of 4 Rev 1/10 54 scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any referencesthereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 . CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 10- Page 4 of 4 Rev 1/10 55