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LUTC PKT 08-04-2003
August 4, 2003 5:30 pm City of Federal Way City Council Land Use/Transportation Committee City Hall Council Chambers MEETTNG AGENDA 2. 3. 4. CALL TO ORDER Approval of Minutes of the ]uly 14, 2003, meeting PUBLIC COMMENT (3 minutes) BUSINESS ITEMS A. Silver Lake NTS - 16th Ave SW Action B. Zoning Changes to Neighborhood Business (BN) Zone Action C. Over Sized Vehicle Ordinance Action D. Grant Funding Applications for Transportation Action Improvement Projects E. S 320m Street Utility Underground Conversion Agreement Action With Puget Sound Energy F. Pre-Disaster Mitigation Program Competitive Planning Action Grant Public Notice of Application G. Speed Limit & On-Street Parking Code Revisions Action H. 51st Avenue SW Storm Mainline Replacement (Crestview Action Shoreclub) - 30% Design Approval and Authorization to Proceed to 100% Design FUTURE MEETZNGS/AGENDA ~I-EMS September 1, LUTC meeting falls on Labor Day ADJOURN Perez/5 min Schull/15 min Nordby/15 min Salloum/10 min Salloum/10 min Miller/5 min Perez/15 min Bucich/10 min Committee Members Eric Fa/son, Chair Dean Nc'Co/gan i~lichae/ Park K:\LUTC Agendas and summaries 2003~August 4, 2003, LUTC Agenda. doc City Staff Kathy McClung, D/rector, Community Development Services Sandy Ly/e, Administrative Assistant 253.661.4116 City of Federal Way City Council Land use/Transportation Committee July 7, 2003 City Hall 5:30 p.m. Council Chambers MEETING MINUTES In attendance: Committee members Eric Faison, Chair, and Deputy Mayor Dean McColgan and Councilmember Michael Park; Council Member Linda Kochmar; City Manager David Mosely; Director of Community Development Services Kathy McClung; Public Works Director Cary Roe; Deputy City Attorney Karen Kirkpatrick; Street Systems Manager Marwan Salloum; Senior Planners Margaret Clark and Jim Harris; Traffic Engineer Rick Perez; Senior Traffic Engineer Maryann Zukowski; Associate Planner Rox Burhans; Street Systems Engineer John Mulkey; Senior Engineering Plans Reviewer Klm Scattarella; Administrative Assistant Sandy Lyle, 1. CALL TO ORDER Chair Faison called the meeting to order at 5:27 pm. 2. APPROVAL OF MINUTES The summary minutes of the June 16, 2003, meeting were approved as presented. PUBLIC COMMENT Mike McCloud, speaking for the Twin Lakes Homeowner's Association, spoke about the need for a pedestrian controlled stoplight at SW 320~h Street and 323rd Avenue SW. He told of observing several incidents where cars just missed hitting pedestrians. Morgan Llewellen, speaking for the Christian Faith Center (CFC), stated that the recent neighborhood traffic meeting disclosed that the neighbors are not in favor of Christian Faith Center being located in their neighborhood. CFC believes they are a manageable user and are willing to mitigate. He said meetings with staff have been very productive, but this project is huge and takes time and many discussions involving minutiae. CFC remains hopeful and looks forward to being a part of this community. 4. BUSINESS ITEMS A. Proposed Amendments to the County-wide Planning Policies - The City has received a request from King County to review and ratify amendments to the King County Countywide Planning Policies (CPPs). In addition to changes proposed earlier in the year'which effect Federal Way's housing targets, those countywide changes include support of ongoing water supply planning and development; adopting new household and employment targets for the period 2001-2002; negotiated modifications to the Renton Urban Separator; designating Totem Lake as an Urban Center; and long-term protection of Agricultural Production Districts. The Committee voted to recommend approval to the City Council at its August 5, 2003, meeting. B. Correction to Ordinance #03-443/Design Guidelines and Definition of Height (FWCC Section 22-635 Churches, etc.) - Ordinance #03-443 was mistakenly forwarded to the codifier following adoption on May 20, 2003, with an unintended error. Note 3 pertaining to allowing a rectory on-site and Note 4 requiring a church site to be adjacent to a collector or right-of-way had been inadvertently struck-out for single-family residential zones only. This change was not intended to be adopted and was never presented nor discussed at the Planning Commission public hearings on March 5 and 19, 2003, or at the Land Use Transportation Committee meeting on April 21, 2003. To correct the error a new ordinance must be approved by the City Council. The Committee unanimously recommended approval to the Council at its August 5, 2003, meeting. C. Presentation of 2004-2009 TIP/ASIP - In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington, the City of Federal Way adopted its original TIP and ASIP on July 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis that reflects the City's current and future street and arterial needs. These plans identify capital projects that the City intends to construct over the next six years. Projects are required to be listed in the TIP in order to be eligible for grant funding. Committee members discussed potential K \LUTC Agendas and Summaries 2003~Juty 7, 2003, LUTC Minutes doc ways to accelerate the freeway ramp proposed at South 312th Street. The Committee decided after discussion to recommend that the City Council approve the TIP/ASIP as presented. The Committee will study and revisit the TIP again prior to its presentation for next year's approval. D. Request for Vacation of a Portion of Puget Sound Marine View Drive - Brad and Mary Jo McHenry have petitioned the City to vacate a portion of Puget Sound Marine View Drive, located between SW Dash Point Road and th 28 Avenue SW. The petitioners did not meet Mandatory Criteria #lb, #2c or #2e. Staff recommended denial of the vacation request. The Committee voted to recommend to the City Council that a public hearing be set for September 2, 2003, on the consent agenda at the August 5, 2003, meeting. E. Update on Washington State Annexation Methods - The Washington State Supreme Court recently invalidated the previous annexation petition method in order to simplify the process to annex unincorporated properties and islands of property within Potential Annexation Areas (PA,&), including those near Federal Way. The old method gave inordinate credence to owners of large, valuable parcels. The new method considers the opinions of registered voters in the area as well. If a City Council accepts a proposed annexation, the annexation initiators must submit a petition to the Council containing the signatures of 1) owners of more than 50% of the acreage of the area proposed for annexation' and 2) a majority of the registered voters residing in the area proposed for annexation. If the area proposed for annexation does not contain any residents or registered voters, the petition must be signed by the owners of a majority of the acreage of the area. This item was presented to the Committee as in information item only and no action was necessary. F. Inclusion of South King County Unincorporated Gap Area in Federal Way PAA Boundary- In May 2002, the Committee instructed staff to research the expansion of the PAA boundary to include three separate areas located in unincorporated King and Pierce Counties. One of those three, the Gap Area, the Jovita and Lakeland subareas, consists of older residential development and a small convenience store located at the intersection of South 372nd and Military Road (across from the Five Mile Lake Park). Adding that area to the PAA would cost about $100,000 and that initiative was not funded in the 2003-2004 budget. Including that area in the PAA would be logical only if the City of Pacific were to transfer its interest in the Gap Area to the City of Federal Way. The Committee decided to keep the options open but to take no action at this time. There was no motion on this topic. G. Meadowlane Final Plat - Meadowlane is a 2.6 acre subdivision of ten single-family lots located along the east side of 35th Avenue SW, between the 34400 and 34300 blocks. Zoning is Residential Single-Family (RS 7.2). The Federal Way City Council granted preliminary plat approval for the ten lot residential subdivision on February 6, 2001. All criteria of Federal Way City Code (FWCC) have been met. Findings and conclusions contained in the staff report to the City Council and referenced in the resolution indicate that the application is consistent with these criteria. The Committee voted unanimously to recommend the City Council to approve the Meadowlane Final Plat at its meeting on August 5, 2003. H. SW 320th Street at SW 323rd Street Crosswalk - A complaint was received from Mike McCIoud concerning pedestrian safety at the intersection of SW 320th Street and SW 323fd Street. He suggested that a traffic signal should be installed at the intersection to allow pedestrians to safely cross SW 320th Street. Due to Iow pedestrian volumes at this intersection and a level or service rating of "B" at the intersection, which does not indicate a significant delay problem during peak hours, staff has suggested moving the crosswalk and posting better signage indicating the presence of an underground tunnel used by golfers at the nearby private golf course. The Committee agreed that this would be a better solution to any potential problems at the intersection and they did not take any further action. FUTURE MEETINGS The next scheduled meeting will be July 21,2003. ADJOURN The meeting adjourned at 7:36p.m. K \LUTC Agendas and Summaries 2003~July 7, 2003, LUTC Minutes doc CiTY OF ~ Federal Way DATE: TO: FROM: VIA,: SUBJECT: August 4, 2003 Eric Faison, Chair Land Use / Transportation Committee Rick Perez, City Traffic Engineer David H. M~a~ger f~j~ Silver Lake.Neighborhood Traffic Safety (NTS) Project - 16th Avenue SW BACKGROUND th th Residents in the vicinity of 16th Avenue SW between SW 320 Street and SW 325 Place have requested the installation of traffic calming devices in that area based on concerns of high traffic speeds and cut-through traffic. Currently, adopted NTS installation criteria are based on a point system as follows: Points Total Accidents/Year Injury Accidents/Year Average Daily Traffic 85th Percentile Speed (5-year history) (5-year history)* (two-way total) (mph in either direction) 0.5 0.3-0.5 0.1 500-1100 26-29 1.0 0.5-0.7 0.2 1101-1700 29.1-32 1.5 0.7-0.9 0.3 1701-2300 32.1-35 2.0 0.9-1.1 0.4 2301-2900 35.1-38 2.5 1.1-1.3 0.5 2901-3500 38.1-41 3.0 More than 1.3 More than 0.5 More than 3500 More than 41 * Note: Fatal collisions will count as two injury collisions Installation criteria are met if the total number of severity points is equal to or greater than 3.0. A traffic study indicated that the subject location would receive 0.5 point for total accidents, 1.0 point for total accidents, 1.0 point for traffic volume, and 0.5 point for traffic speed. Therefore, the total number of points is 3.0, which meets the 3-point minimum to qualify for traffic calming devices installation. On February 11, 2003 staff conducted a neighborhood meeting to discuss potential traffic calming alternatives that might be effective in reducing speed within the neighborhood. After discussion between the neighborhood residents and staff, and in order to mitigate the identified problems in the neighborhood, a consensus was reached to propose the installation of four speed humps on 16th Avenue SW. In accordance with established NTS policies, staff sent ballots to property owners and occupants within 600 Feet of the proposed speed hump locations and to those with tile proposal being oil their sole access route. Thc following table summarizes tim ballot results: Speed Hump A B C D Total Ballots Sent 202 176 22 88 538 Ballots Returned 59 (29%) 60 (34%) 45 (45%) 33 (37%) 197 (37%) Yes Votes 43 (74%) 42 (75%) 41 (93%) 28 (88%) 154 (81%) No Votes 15 (26%) 14 (25%) 3 (7%) 4 (22%) 36 (19%) One of tile installation criteria requires a 50% majority approval of tile returned ballots. Based on the above table, all locations met the balloting criteria with an 81% average approval rate. On July 24, 2003 staff conducted a second neighborhood meeting to reform the residents about the balloting results and the remainder of the process. It is important to note that this project will result in the NTS budget being exceeded for tile remainder of 2003. Staff proposes to use thc City Manager's contingency fund if the Public Works Department budget is exceeded for 2003. RECOMMENDATION Staff recommends placing the following item on the September 2, 2003 Council Consent Agenda: Approve the installation of fbur speed humps along 16th Avenue SW between SW 320~h Street and SW 325t~ Place. APPROVAL OF COM/MITTEE REPORT: Eric Faison, Chair Michael Park, Member Dean McColgan, Member RP:rl:ss k: lulc"2(}03',0,q04-nts-silxc~ lake l(~sxx323 doc 7122/2003 CITY OF ~ Federal Way PLANNING COMMISSION RECOMMENDATION July 25, 2003 To: VIA: FROM: SUBJECT: MEETING DATE: Eric Faison, Chair Land Use/Tr~ommittee (LUTC) David Mos~ey, I~t~ Manager Kathy McClung, Director of Community Development Services Margaret H. Clark, AICP, Senior Planner ~ ' Janet Shull, AICP, Planning Consultant Amendments to Federal Way City Code (FWCC) Chapter 22, Article XI, District Regulations (Neighborhood BUsiness Zoning Charts) (File No. 01-103824-00- uP) August4,2003 BACKGROUND The Growth Management Act (GMA) requires jurisdictions to provide the public with the opportunity to apply for amendments to their codes and comprehensive plans once a year. In September 2001, the City received the following four citizen requests for zoning text amendments: 1) Add churches, synagogues, and other places of worship to the permitted uses in the Neighborhood Business (BN) zone. 2) Increase the allowable density from 12 dwelling units per acre to 24 dwelling units per acre, and remove restrictions for multiple family on the ground floor in the BN zone. 3) Add health clubs to the permitted uses in the BN zone. 4) Add batting cages to the permitted uses in the BN zone. Ali of the above requests were submitted by Young Chul Joe and Goo Ja Joe, owners of the Northshore Shopping Center located west side of 21 st Avenue SW and north of South 356th Street. It is the City's practice that all City business be presented to a Council Committee, in this case the Land Use/Transportation Committee (LUTC), before Council deliberation. II. DISCUSSION OF PROPOSED AMENDMENTS A discussion of the proposed amendments can be found in Exhibit ] - Staff Report for the July 16, 2003, Planning Commission meeting, and is summarized as follows. 1. Request #1 - Add churches, s3~agogues, and other places of worship to permitted uses in the BN zone. Under the current zoning code, churches, synagogues, and other places of worship are allo;ved in the following Federal Way zoning districts: · Suburban Estates, Single Family Residential (SE -one unit per five acres) · Single Family Residential (RS - one unit per 35,000 sq. ft., one unit per 15,000 sq. ft., one unit per 9,600 sq. ft., one unit per 7,200 sq. ft., and one unit per 5,000 sq. ft.) · Multifamily Residential (RM - one unit per 3,600 sq. ft., one unit per 2,400 sq. ft., and one unit per 1,800 sq. ft.) · Community Business (BC) · City Center Core (CC-C) · City Center Frame (CC-F) BN zoned areas are typically located where they can serve residential neighborhoods. Since churches are already permitted in residential-zoned areas, their location within established neighborhood business centers would not create a land use conflict. Since churches and other places of worship also typically generate traffic at different times than retail and commercial uses, their location xvithin neighborhood business centers may also result in better utilization of shared parking areas. Request #2 - AIIo;v additional density and remove restriction for multil)le thmily on tile ground floor in the BN zone. Pursuant to FWCC Section 22-725, multiple family housing is curreutly permitted in the BN zone as follows: a. Allowable density is no more than one unit pel' 3,600 square feet of lot area, or 12 units per acre. b. Multiple family housing is not permittcct ell tile ground floor. 7~th/c' / summarizes thc permitted densities of multiple famil3 ctcvelopmcnt and where they m~v bc located as par! cfa mixed-usc dcvcloDmcnt in tho City of Fcclcral Way. Amcndmc. nts to Neighborhood Business Zoning Ch;iris lqanning Commission Recommendation to I,UTC File #01-103824-00-U1' I'agc 2 TABLE 1 Multiple~Family Density And Allowable Location In Building Zone Density Allowed on Ground Floor? Neighborhood Business (BN) 12 units/acre No Community Business (BC) 18 units/acre No~ City-Center Core 48-80units/acre2 No3 City-Center Frame 60-80 units/acre2 No3 As the above table shows, multiple family use is not allowed on the ground floor in either the BN or BC zones. In addition, multiple family is only allowed on the ground floor in the CC-C and CC-F zones when certain requirements are met Therefore, allowing multiple family development on the ground floor in the BN zone would not be consistent with the other mixed-use zones in the City of Federal Way. The applicant-requested density (up to 24/units per acre) is greater than that currently allowed in the BC zone. o Request #3 - Add health clubs to the permitted uses in the BN zone. Health clubs are not listed as a permitted use in the City of Federal Way BN Use Zone Charts. However, in November 2001, a zoning code interpretation pursuant to FWCC Chapter 22, Article IV.A, was issued. This interpretation permitted health clubs in the BN zone provided that the gross floor area of the business did not exceed 7,500 square feet. The intent of the 7,500 square feet size limitation was to insure that health clubs developed within a BN-zoned area would maintain a neighborhood scale and not attract traffic from a broader regional area. Larger facilities are currently permitted in the CC-C, CC-F, and BC zones, which have no size restrictions. Staff conducted an informal survey of various health club facilities in order to determine what size limit, if any, should be placed on health clubs in BN zones. The following summarizes the sizes and types of health clubs that were found: (a) Smaller health clubs, like a "Curves" franchise, are the type that could currently locate within the BN zone. (b) The 24-Hour Fitness Center located at 2130 South 3 14th (CC-F zone) is approximately 19,000 square feet and includes exercise classes, tanning, and sauna. Under the proposed amendment, this type of facility could locate within the BN zone. ~ Multi-unit housing may not be located on the ground floor of a structure. However, senior citizen or special needs housing may stand alone. 2 Increased density may be achieved based on increased height from the permitted outright height of 35 feet to a maximum of 85 feet. The increased height is in exchange for providing on-site open space or a fee-in-lieu of open space. Please note that the procedure and formula for calculating on-site open space and alternative fee-in-lieu have not yet been adopted by the City Council. 3 Multi-unit housing may not be located on the ground floor ora structure fronting a public right-of-way, but may be located on the ground floor where not fronting a right-of-way, provided a minimum of 20 percent of the gross floor area of the ground floor of the structure fronting the right-of-way contains other uses allowed in this zone. However, senior citizen or special needs housing may stand-alone. Amendments to Neighborhood Business Zoning Charts Planning Commission Recommendation to LUTC File #01-103824-00~UP Page 3 (c) In Federal Wa),, the Bally's Total f:itness Center located at 328'h and 1~' Avenue South (OP zone) is approximately 53,000 square feet and includes a pool, sauna, steam room, whirlpool, exercise and weight rooms, indoor track, and tennis and racquetball courts. This facility would not be allowed within the BN zone under the proposed code amendment. 4. Request g4 - Add batting cages to the permitted uses in the BN zone. Tile siting of batting cages is not specifically addressed in the FWCC. However, batting cages xvould most logically fall under tile category of"retail establishment providing entertainment, recreational, or cultural services or activities." Like health clubs, this category is presently a permitted use ill tile BC, CC-C, and CC~F zones. Many children throughout Federal Way's neighborhoods play softball and baseball and could benefit from a neighborhood indoor batting cage facility for practice. In addition, there may be a need for other neighborhood-scale recreational facilities for children. Therefore, it seems reasonable to not restrict the code amendment to simply adding batting cages as an allowable use itl the BN zone, but to add tile category of"retail establishment providing entertaimnent, recreational, or cultural services or activities." However, similar to health clubs, tile size of these facilities should be limited to ensure that facilities developed xvithin BN zones do not become regional centers, more suited to tile BC or CC zones. III. STAFF RECOMMENDATION 1. Request #1 - Add churches, synagogues, and other places of worship to permitted uses iii the BN zone. Staff Recommendation - Add a new use zone chart for churches, synagogues, and places of worship in the BN zone (Exhibit A of Exhibi! 1). 2. Request #2 - Allow additional density and remove restriction for multiple family ou the ground floor in the BN zone. Str~,fRecommemtatiou - Amend FWCC Section 22-725 (multiple-unit housing use zone chart) to increase the residential density permitted in tile BN zone fi'om one unit per 3,600 square feet (12 units per acre) to one unit per 2,400 square feet of lot area (18 units per acre) (Exhibit B of Exhibit 1). 3. Request #3 - Add health clubs to the permitted uses ill the BN zoue. ,gtqffRecommendatiou- Amend FWCC Section 22-722 (entertainment usc zone chart) to add health clubs as a permitted use in the P,N zone with a square footage limit of up to ,0.5.000 square feet (Exhibit (' q/'Iz~vhibit 1). 4. Request #4- Add batting ca~es to the permilte(! nses in the liN zone S~q['/Reco,l,ielirkttio, - Amend FWCC Section 22-722 (entertainment use zone chart) lo add "retail establishment providing cntertaimncnt, recreational, or cultural services or activities" as a permitted usc in the BN zone xvith a square tbotage limit of up to 25,000 squarc t~ct (lf. vhihil D q/Exhibit 1). Amendments to Neighborhood Business Zoning Charts l~lanning Colnmission Recommendation to I,tJTC File #01. I 0.:;824-00-UI~ Page 4 IV. PLANNING COMMISSION RECOMMENDATION The Planning Commission conducted a public hearing on July 16, 2003. After the close of the public hearing, the Planning Commission discussed the staff recommendations and voted on each individually. The meeting minutes are enclosed as Exhibit 2. The Planning Commission recommends that staff recommendations 1-3 above be forwarded to the City Council for adoption. The fourth staff recommendation did not receive a majority vote and therefore, the motion to adopt the staff recommendation failed. The Planning Commission was concerned that the proposed 25,000 square foot maximum limit for a retail establishment providing entertainment, recreational, or cultural services or activities would have a regional rather than neighborhood draw. V. COUNCIL ACTION/STAFF RECOMMENDATION The Committee has the following options: 1. Recommend that the full Council adopt an ordinance approving the proposed code amendments as recommended by the Planning Commission. 2. Recommend that the full Council modify and then approve the proposed code amendments. 3. Recommend that the full Council disapprove the proposed code amendments. Staff recommends that the LUTC recommend to the full Council Option No. 1 above, that is, adoption of the Planning Commission's recommendations. VI. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the proposed amendment to the full Council for first reading as follows: As recommended by the Planning Commission. As recommended by the Planning Commission and amended by the LUTC. APPROVAL OF COMMITTEE ACTION: Eric Faison, Chair Dean McColgan Michael Park LIST OF EXHIBITS Exhibit 1 Exhibit 2 Exhibit 3 Staff Report for the July 16, 2003, Planning Commission Meeting with Exhibits A-D Minutes of July 16, 2003, Planning Commission Meeting Draft Adoption Ordinance I:k2002 Code Amendments\Chang:s to BN zonekLUTC\080403 PC Rec Staff Report to LUTC.doc/07/29/20034:37 PM Amendments to Neighborhood Business Zoning Charts Planning Commission Recommendation to LUTC File #01-103824-00-UP Page 5 EXHIBIT 1 Federal STAFF REPORT TO TIlE PLANNING COMMISSION Amendments to Federal Way CiO, Code (FWCC) Chapta' 22, Article XI, "District Rcgulations" (Neighborhood Business Zoning Charts) Planning Commission Mccting of July 16, 2003 BACKGROUND The Growth Management Act (CMA) requires jurisdictions to allow the public to suggest updates to their codes and comprehensive plans once a year. Pursuant to Federal fi/ay City Code (FWCC) Section 22-523, after the deadline for accepting applications, the City Council shall hold a public hearing and select those docketed amendment requests it wishes to move to the Planning Commission for further consideration. In September 2001, the City received the following four requests for zoning text amendments: 1) Add churches, s3q~agogues, and other places of worship to the permitted uses in the Neighborhood Business (BN) zone. 2) Increase the allowable density from 12 dwelling units per acre to 24 dwelling units per acre and remove restrictions for multiple family on the ground floor in the BN zone. 3) Add health clubs to the permitted uses iii the BN zone. 4) Add batting cages to the permitted uses in the BN zone. The Land Use£1'ransportation Committee (LUTC) reviewed thc r~ucsts at their meeting on May 20, 2002, and recommended that they move forward to thc City Council Ibc a public hearing and determination (m whether lhcy should bc studied further. The City Council reviewed tho requests at fl~cir mooting on June 1 g, 2002, and recommended that thc requests bo studied further and that text Staff has stuclicd the ahovc rCClUCSts t'urtlict and has prepared this report, along with r~ommcndcd zoning code amendments, tk)r consideration by ll~c l'l;uming Commission (Exhibit,¥ ~-D). Thc purpose of Ibc prOlXmCd code amendments ix to tcsponcI lo lhcsc rcqucsls and lo provide fi)r uses within thc 'l'hc lm~lXmC {fi'thc I~N zone according, to tile l:cdcral Wql, ('Omlwchcu.¥ivc l'hm (I:\V(3~) is: "... 7'hc,vc ttodes are at'ear t/tat have historically pro vided retail and/or services to adjaceut rc.$'idcntia[ arcax. 77tc FI'I<)I' recognizes the i.q~ortance r~firtnlyfixcd boundarie,s' to l)l'(~l'(~ll[ cotntnclvial intruxion into adjac~nl t~cixhborllood3'. Neighborhood'Business areas are intended to provide convenient goods (e.g., groceries and hardware) and services (e.g. dry cleaners, dentist, bank) at a pedestrian and neighborhood scale close to adjacent residqntial uses. Developments combining residential and commercial uses provide a convenient living environment within these nodes .... LUP45 Encourage mixed residential and commercial development in Neighborhood Business designations where compatibility with nearby uses can be demonstrated." II. REASON FOR CODE AMENDMENT A. Character and Transformation of Neighborhood Business Centers in Federal Way Within the dozen or so areas designated BN, there is a great diversity of size and character. Some BN-zoned areas were developed in the 1960's and 1970's, while others were developed more recently. Of those older centers, some have continued to lease the originally configured tenant spaces, while others have re-developed to try to compete more directly for tenants locating in newer centers. One difference between the older and newer neighborhood business centers is that major chain grocery store tenants (the typical neighborhood business center anchor) utilize more space than available in older centers. This has left some of the older centers with vacant spaces of approximately 20,000 square feet that are now too small to attract a typical grocery store tenant, but too large for many of the other typical neighborhood business center tenants. Unless a property owner can afford, a major upgrade or redevelopment of their property, these vacated grocery store spaces can be difficult to lease. B. Appropriate Use of Larger Tenant Spaces in Neighborhood Business Centers The struggle to keep larger tenant spaces filled with viable tenants has led to the requested zoning code amendments considered in this staff report. It is beneficial to the residents living near neighborhood business centers to have thriving centers with available services. However, these services must be appropriate to neighborhood needs and should complement the neighborhood in terms of scale. In other words, they should not draw significant amounts of traffic from outside the neighborhood, aside from traffic already passing by that center on a regular basis. Ill. RESEARCil OF OTItER CITIES~ CODES A review of the codes of the cities of Auburn, Kcnt, Kirkland, Renton, SeaTac, and Tukwila found the following (Table 1). A. Churches aud Other Places of Worship Most cities surveyed allow churches and other places of worship in neighborhood business ceuters. Some allow churches outright, while others have special requirements or conditions that must be ~net as part ora special permit process. Neighborhood Business Amendments Planning Commission Staff Report File #01- 103824-00-UP Page 2 B. llealflt Clul~s/lndoor Recreation Some communities allow health clubs in neighborhood business zones while others do not (Table 1 ). None of the cities surveyed spcc.~fically mentioned batting cages. It would appear these uses are normally included in a broader entertainmeut or recreation category. C. Multiple Family Housing Most cities allowed multiple family housing in neighborhood business centers. There are a variety of approaches to multiple family housing in mixed-use neighborhood business centers. Please refer to 7~ble 1, below, for a summary. Most cities did not specify density limitations for housing, but instead relied on the development standards (height, setbacks, lot coverage, parking, open space, and landscaping) to determine overall density permitted. TABLE 1 ALLOWABLE USES IN NEIGItBORItOOD COMMERCIAL/BUSINESS ~ONES City Churches Itealtb Clubs Multiple Family Anburn Permitted as a Not permitted Not permitted conditional use~ Kent Permitted subject to a Not permitted Not permitted s~pecial use permit~ Kirkland Permitted outright Not permitted Pem~itted on the 2nd floor and above Renton Permitted as a Permitted (limited to Permitted (Does not have to be part conditional use 35,000 sq. ft.) of a mixed-use development. It must be a minimum of 10 units per acre and maximum of 15 units per acre. ttowever, if it is part of a mixed-use development and meets certain design standards, bonus density may be awarded to achieve a potential density of 60 units per acre. Seatac Permitted outright Permitted outright Pemfitted as a conditional use Tukwila l'cnnitted as a Permitted outright Permitted ell the .2ad floor and above conditional use ] V. I)IS(~IISSION OF ]~I{()i'()SED COI)E ASII.;NI)MENTS A. i~,c(lUCSl ttl - A(hl churches, synago~4nes, and olher places of worship t(} permitted uses in iht BN xonc. I. l)i.¥cu,s'.s'io]] tJndcr die curt'tnt zoning code, churches, synagogues, and other places of ~ A Conditional Usc l'ctmit is a usc imnnittcd in a particular zoning district upon showing that such usc m a spccilicd location will comply with all the conditions and standards £or thc location or operation of thc usc as specified by thc zoning ordinance and authorizzd by thc at)proving agency. 2 This is another name for a Conditional Usc I'mmil. Neighborhood Business Amendments I'lanning Commission Staff Repeal File #01-103824-00-UP Page 3 · Suburban Estates, Single Family Resideutial (SE- one unit per five acres) · Single Family Residential (RS - one unit per 35,000 sq. fl., one unit per 15,000 sq. ft., one unit per 9,600 sq. ft., one unit per 7,200 sq. ft., and one unit per 5,000 sq. ft.) · Multifamily Residential (RM -one unit per 3,600 sq. fi., one unit per 2,400 sq. fi., and one unit per 1,g00 sq. ft.) · Community Business (BC) · City Center Core (CC-C) · City Center Frame (CC-F) BN zoned areas are typically located where they can serve residential neighborhoods. Since churches are already permitted in residential-zoned areas, their location within established neighborhood business centers would not create a land use conflict. Since churches and other places of worship also typically generate traffic at different times than retail and commercial uses, their location within neighborhood business centers may also result in better utilization of shared parking areas. Staff Recommendation - It is recommended that the BN Use Zone Charts be amended to add churches, synagogues, and other places of worship as a permitted use. A new Use Zone Chart is enclosed as Exhibit A. Request #2 - Allow additional density and remove restriction for multiple family on the ground floor in the BN zone. 1. Discussion - Pursuant to FWCC Section 22-725, multiple family housing is permitted in the BN zone as follows: a. Allowable density is no more than one unit per 3,600 square feet of lot area or 12 units per acre. b. Multiple family housing is not permitted on the ground floor. Table 2 summarizes the permitted densities of multiple family development and where they may be located as part of a mixed-use development in the City of Federal Way. TABLE 2 MULTIPLE-FAMILY DENSITY AND ALLOWABLE LOCATION IN BUILDING Zone I ~e~ghborh~ood Busines~s.s (BNa) [C~ Business (BC) ~ City-Center Core Density 12 units/acre 18 units/acre 48-80unitslacrea 60-80 units/acre4 Allowed on Ground Floor? No No3 I-4o5 3 Multi-unit housing may not bc located on the ground floor of a structure. I towcvcr, senior citizen or special nccds housing may stand alone. ~ Increased density may be achieved based on increased height from the permitted outright height of 35 feet to a maximum of 85 feet. Thc increased height is in exchange for providing on-site open space or a fee-in-lieu of open space. Please note that the procedure and formula for calculating on-site open space and alternative fee-in-lieu have not yet been adopted by the City Council. ~ Multi-unit housing may not be located on the ground floor of a structure fronting a public right of way, but may be located on the ground floor where not fronting a right-of-way, provided a minimum of 20 percent of the gross floor area of the ground floor of the structure fronting the right-of-way contains other uses allowed in this zone. 1 lowever, senior citizen or special needs housing may stand~alone. Neighborhood Business Amendments Planning Commission Staff Report File #0 !-!03824-00-UP Page 4 As the above table shows, multiple family use is not allowed ou the ground floor in either tile Neighborhood Business (BN) or Comnmnity Business (BC) zones. Multiple family is allowed on tile second floor and above in these zones. In addition, multiple family is only allowed on the ground floor in the City Center-Core (CC-C) and City Center-Frame (CC-F) if not fronting a right-of-way and if at least 20 percent of the ground floor uses fronting the right-of-way are in other uses allowed in the zone. Therefore, allowing multiple family development on tile ground floor in tile BN zone would not be consistent with the other mixed-use zones in tile City of Federal Way. Furthermore, as shown in Table 1, two of tile five South King County cities surveyed did not permit multiple family iii their neighborhood business zones, two allowed this use only on the second floor, and the other two permitted them only with certain conditions. StaffRecommendatio~ - It is recommended that the BN Use Zone Chart, FWCC Section 22-725 (Exhibi! B), be amended to increase the allowable density to one unit per 2,400 square feet of lot area, or 18 units per acre. This would bring the allowable density to the same standard as that currently l)ermitted in the BC zone. Allowing multiple family on tile ground floor in tile BN zone would be inconsistent with how multiple family is permitted ill the other mixed-use zones in the City of Federal Way. C. Request #3 - Add health clubs to the permitted uses in tile BN zoom. Discussio~ - ttealth clubs are not listed as a permitted use in tile City of Federal W%, BN Use Zone Charts. ttowever, in November 2001, a zoning code interpretation pursuant to FWCC Chapter 22, Article IV.A, was issued. This interpretation permitted health clubs in the BN zone provided that the gross floor area of the business did not exceed 7,500 square feet. This size threshold xvould allow smaller fitness centers, like a "Curves facility," which can locate in as little as a 1,000 square foot area, but would exclude larger facilities like the two Federal Way Bally fitness centers, which are 53,000 square feet (located at First Avenue and South 328~ Street ill all Office Park lOP] zone) aud 35,000 square feet (located south of South 316~ Street and west of 20th Avenue South in tile CC-C zone). The inteat of the 7,500 square feet size limitation was to insure that health clubs developed within a I/N-zoned area would maintain a neighborhood scale and not attract traffic fi-om a broader regional area. l,arger facilities arc currently permitlcd in the CC-C, CC-F, aad BC zones, which have no size restrictions. ~tal'f comluctcd an iat'om~l su~'vcy ot'vari~tl5 hcalfl~ club fi~cilitic~ in or(tel to dotonuinc what size limil, il'any, should bc placed on health clubs in lin zones. Thc t~>llowing (a) According l(~ tllcit' wcl)sile, a Cm'vcs franchise can locate in Sl/aCCS ;is small as 1,()00 S(lu;lrc foci. (b) A iold's (iym ihcility is Iool<ing for at least 18,000 square tl~ct. (c) 24-110ur Fitness Comers have tile tbllowing three typical types of clubs: Neighborhood Business Amendments l'lanning Commission Staff Repotl File #01-103824-00-UP Page 5 (i) Fitness/Active - Requires less than 25,000 square feet and includes group exercise rooms, cardio equipment, w.eight rooms, locker room, and showers. The 24-Hour Fitness Center located at 2130 South 314t~* (CC-F zone) is approximately 19,000 square feet and includes exercise classes, tanning, and sauna. (ii) Sport - Requires over 35,000 square feet and includes all of the above plus, sauna, steam room, whirlpool, basketball court, swimming pool, tanning, and juice bar. (iii) Super Sport - Requires over 50,000 square feet and includes all of the above plus day spa, rock climbing, squash, and racquetball courts. (d) In Federal Way, the Bal!y's Total Fitness Center located at 328th and 1't Avenue South (OP zone) is approximately 53,000 square feet and includes a pool, sauna, steam room, whirlpool, exercise and weight rooms, indoor track, and tennis and racquetball courts. The following options for zoning code amendments were considered: Option A: Add health clubs to the permitted uses in the BN zOne maintaining the current 7,500 square foot limitation as determined by the November 2001 zoning code interpretation. The advantages of this option are: 1. It is consistent with the recent zoning code interpretation regarding health club facilities; and 2. It ensures that health club facilities will remain small and at a neighborhood scale. The disadvantage of this option is: 1. It limits the type of facility and services that can locate within neighborhood business centers. Option B: Add health clubs to the permitled uses in the BN zone with a maxi~num 25,000 square foot limitation. The advautages of this option are: I. It may help the viability of neighborhood business centers with existiug vacant tenant spaces iu the 20,000 to 25,000 square foot range; 2. A health club facility with a greater variety of activities could potentially locate nearer to residential neighbodmods; and 3. Since it maintains a square footage limit, it ensures that regional-scale facilities would not be able to locate withiu a neighborhood business ceuter. Neighborhood Business Amendments Planning Commission Staff Report File #01-103824-00-UP Page 6 The disadvantage of this option is: The 25,000 square feet appears to be the threshold at which health clubs go from local to regional draw. There could be some neighborhood concern that a facility approaching 25,000 square feet could attract a regional clientele. StaffRecomme~tdatiot~ -The current 7,500 square foot size li~nitation (by interpretation) is not large enough to permit he~qlth clubs to occupy larger tenant spaces (for example the approximate 20,000 square foot spaces that exist in some older commercial centers) and also may not accommodate the smallest category of health club (fituess/active facility). It is, therefore, recommended that health clubs up to 25,000 square feet in size be allowed iu the BN zone. This use would be added to the Use Zone Chart for private lodge or club in the BN zone (FWCC Section 22-722, "Entertainment," Exhibit C). I). Request//4 - Add batting cages to the permitted uses in tile BN zone. Discussio~ - The siting of batting cages is not specifically addressed iu the FWCC. ttowever, batting cages would most logically fall under the category of"retail establishment providing entertainmem, recreational, or cultural services or activities." Like health clubs, this category is presently a permitted use in the Be, CC-C, and CC-F zones. Many children throughout Federal Way's neighborhoods play softball m~d baseball m~d could benefit from a neighborhood indoor batting cage facility for practice. In addition, there may be a need for other neighborhood-scale recreational facilities for children. Therefore, it seems reasonable to not restrict the code amendment to simply adding batting cages as an allowable use in the BN zone, but to add the category of"retail establishment providing entertainment, recreational, or cultural services or activities." Itowever, similar to health clubs, the siT~ of these facilities should be limited to ensure that facilities developed within BN zones do not become regional centers, more suited to the BC or CC zones. SlaffRecommettdatio~t- Add "retail establishment providing entertaimnent, recreatioual, or cultural services or activities" to tile permitted uses in the BN zone under FWCC Section 22-722, "l~ntertainment," (Exhibit D) with a maximum square footage of 25,000 square feet. ~'i'A 1"1,' I{I.;COM M I!;NI)ATION ,<-;IM'f rccomm(~ncls that thc following alternalix'es bc rccommencted for approval to the City Cotmcil: I. Add a new use ×one chart for churches, synagogues, and places of worship in the BN ×one. 2. Amend I:W(;C ,Section 22-725 (multit)lc-unit housing usc zone chart) to increase thc rcgi(Icl~lial dcn:;ily permitt(xl in lh¢ lin zone from one unit per 3,600 square feet (12 units t)cr acre) to one unit I)Cr 2,400 square feet of lot area (18 units i)er acre). 3. Amcud }:WCC Section 22-722 (cutcrtainment use zoue chart) to add health clubs to the list of permitted uses and limit the size to no more than 25,000 square feet. Neighborhood Business Amendments Planning Commission Staff Rcpotl File #01-103824-00-U1' Page 7 Amend FWCC Section 22-722 (entertainment use zone chart) to add "retail establislunent providing entertainment, recreational, or cultural services or activities" to the list of permitted uses and limit the size to no more than 25,000 square feet. These changes would require the addition of a new use zone chart for churches, synagogues, and places of worship (Exhibit,4). In addition, FW(~C Section 22-725 (Multiple-Unit Housing, Exhibit B) and FWCC Section 22-722 (Entertainment, Exhibits C and D) would need to be amended. VI. REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22 "Zoning," Article IX, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528. 3. To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. VII. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendment is consistent with thc applicable provisions of the comprehensive plan. The proposed FWCC text amendment is consistent with the following FWCP goals and policies: LUI'21 Allow at~d e~courage a variety of multiple-family housing types in desig,~ated commercial areas, especially i~ the Cio~ Center Core and City Center Frame areas. LUP28 Provide fora mix of commercial and residential uses i~ commercial areas. LUG 7 l'rovide neighborhood a~d commu~ity scale retail centers for the City's tteighborhoo&. L UP42 Encourage ~eighborhood retail andpersonal services to locate at al)propriate locations where local ecot?otttic demand and design solutions demonstrate compatibility with the neighborhood. Neighborhood Business Amendments Planning Commission Staff Report File #01-103824-00-UP Page 8 LU]'44 Neighborhood Business centers should consis! of neighbotqiood scale retail and personal services. LUP45 Encourage mixed residential and commercial developments in Neighborhood Business designations where compatibility with nearby uses can be demonstrated. The proposed mnendment bears a substantial relationship to public health, safety, or welfare. Thc proposed FWCC text amendment bears substantial relationship to the public health, safety, and welfare because it facilitates the development of health m~d fitness centers in designated neighborhood business centers within the City. The proposed FWCC text amendment would also increase the potential list of tenants that could possibly fill existing tenant spaces within neighborhood business centers that have been vacant for long periods of time. 3. The proposed amendment is in the best interest o1' the residents of the City. The proposed FW~C text amendment is in the best iuterest of the residents of the City because it facilitates development within neighborhood business areas that would provide additional service, recreational, and living opportunities for the citizens of Federal Way. VIII. PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: 1. Recommend to City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendinents as modified; 3. Recommend to City Council that the proposed FWCC text amendlnents not be adopted; or 4. Forward the proposed FWCC text amendments to City Council xvithout a recommendation. IX. l~,Xillltl'l'S l,;xhibit A I~;xhibit B l~.xhibit C l'Xhibit 1) New Usc Zone Chart Allowing Churches, Synagogues, and Other l'laces o1' Worship tl~c I~N Zone Amendments to FWCC Section 22-725 (Multipl~Unit l tousing) to Increase l lousing l)cnsity Amendments to FWGC Section 22-722 (l~ntcrtahm~ont) to Allow l leald~ Clubs Amcn(lmcnis to FWCC. Section 22-722 (tS~tcrtaimncnQ to Allow Rchtil lLstablishment I'rovid in~,, 15~tcrtaimnont, I~ccroational, or Cultural Services or Activities !:E2002 Code Amcndltmnts\Changzs to BN zo~m\l'bmdng Commissio~fi062603 I'lamfingCommissio~ Staff Report. DOC/07/09/20038:49 AM N¢ighbod~ood Business Amendments Plamfing Commission Staff Rcpod File #01-103824-00-UP Page 9 EXHIBIT A 22-731 Churches. The followin uses shall be >errnirted in the nei :hborhood business (BN) zone subject to the reeulations and notes set forth in this section: USE ZONE CHART ~ D.I~CTIO~S: FII~ST., read down to ~.nd use,.. THEN, across for..P~.GULATIONS . . ~ t .Minimums .~ ~ ~ ui~d Y~ds _ ~ ZONE '= ? ~ ~ ~ '[ ~ ~ SPECIAL REGULATIONS AND NOTES ~ Proces, ~ ~.15~: )~ }5a,~b0y* ,a ~fthesu~e~t~r~e~`a~ne~thanY~nti~usareainte~d~f~f~mreus;f~rth~r~i~u~tvites~rre~a~ed ~ ~ ~ $e¢ ~otes 2~ 5, and ,averag~ i transooaati0B pu¢oses, is more than five acres, the us~ mus~ obtain a maSt~ ~ an.~pproved through Process IV The m~ter, plan must ~ ~ ~ building i~ ~how ,he ult mate development 0~th, ~ite including ~II buildinm, oarkine and c rculati0a a~as,.other mai~r ~ ~ eleyation ~ mpr0vement,, ~nd buffe~, For proposal, ~lso.requ fin~ ~ flevelopmenl.~g~emen[ the ciw council's public hear.pi on ~ deyelopment a~reement ~hall take.the place 0fthe public heafint for master Rlan aporovalby the hearin~ examiBer, ~ ~ Seenotes4- ~ 2.~esubiec[¢ro~ma~cOa~anareeto~or~imlatd~l n~unt, fOr.u,e~ythere Rouil~aderofthe 2 ~ con,re,at on.if th s s.a detached d~lli¢~unit, its ~etback~ s~ 20.~, fronl and five ~, side and rear, See not~ >a~ of ~ $, ~e ~ubiect pw~ must be adiacent to a coll,ctor or arterial rieht-of-~v. 1 a~¢licati~n, 4, If any po~ o~ ofa ,~cmre. ~n the subiect pro~ is Ioc~t~ ess than 100 ~. from an adiacent residential zone, then T~ that P0g 0~. of the stm~re ~hall not exceed 30 ~, ab0ge avenge buildin~ elevation and the ~cmre shall be se! back a ;hall addre~! ~i~imum of 20 ~, fro~ the pro~lin, of the ~sidentlal z~n,, ' th~ !. Maximum hei~hl 0fany poni0n 0fthe buildln~ may be increas~ to 40 ~.. if all oftbe followin~ are met: follow~n~; a, The additiona! height is necessa~ t0 accommodate, the ~imlar us~conducted in th~ ~uildin~, traffiq __b..Each required yard.abuaing the ~tmcture is increased one ~ for each one ~, the Stmctu~ exceeds 35 2 above ~ averaae building elevation, ~ ...c,. An increase iB height shall not bock views des gnated bY the comprehensive pla~, demand and 6, Max mu~ 3e ~ht of. the sancmaw or principa wombip ~rea may be increased to 7~ ~,. fa l of the f01lowinq criter a mana~ement~ are met; an~ traffi9 _a,.~ach ~quired. yard abu~ina the structure is ncre~ed on~ ~, for each one ~. the stm~u~ exceeds 35 2. above m0vemeBt lQ average, buildiDa elevation, ~ .. b, An increase a height shall not block vie~.desi~gt~ ~ the comprehensive plan, 7. Religious smbols and icons for churches and 0ther.~ligious.ig,fimtions may exceed the hi~hest poin~ 0fthe street ~ystem, underlying roofon which it i~ mounted b~ an additional 15 ~.. or, vialed that such smbol i~ ~ minor architectural.gccent and only one such mbol is oemi~ed o~ the ~fincioal s~c~$or this use. 8, NO m~isum lot covem~e is ,~ablished,.Instead. )b~ buildable area will be detemined bE other Site development requiremenm, i.e.. required buffeB, parkin~ 10t landscaping.~uffaee ~ter hcilities, etc, 9. For communiw desire auidelines thai a~¢Iy!o the proie~see Article ~X. l 0. ForJandsca~in~ reouimment~ that a~¢ly t0 the proiem s~ Article X~I. 11. For simr~ui~men~ that ~¢¢1Y to the ~mie~ ~ee.A¢icl~II, .1.2 ,.ge~r to,{ ~2r946 et seq,.~o detemine.whai othe[.~rovisi0ns..0i.)his chapter may apply to the.sub, ect prope~ . . ~¢ess I. H. ~ and IV ~re desed}ed i~ ~ For other infomation about oarkin~ and ¢arklne areas, se~ ~ 22-1376 et seq, {{~2-351,22-356. 22-361 - 22-370 ......... For..fletai s of what may exceed this hei~htlimit, see ~ 22-1046 et seo. 22-386 - 22-411. For details re~ardin~ reouired Yards. see ~ 22-1131 et seq, 22431 - 22-d60...res¢ectixelv. EXItlBIT B 22-725 Multiple-unit housing. The followin~ uses shall be ;ermitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section: USE ZONE CHART ~ DIRECTT©N'S: FIRST, read down to End use... THEN, across for REGULATIONS ~ , BN USE 7 ~ 5 a ~ ~ .~ a ~ ~ SPECIAL REGULATIONS AND NOTES Multiple- Process H None Same as ttlesc Same as 1.7 per 1. This use may not be located on the ~ound floor ora structure. The ~ound floor of the structure must contain one er more ether use(s) unit regulations For these unit allowed in this zone. housin~ ~round floor use regulations 2. The subject prope~y must contain at least ~ 2,400 sq. ~. of lot area per dwelling unit or one acre for eve~ ~ 1~ dwelling un/ts. - ~ - 3. Section 22-946 et seq. contains regulations regarding home occupation* and other accessories, facilities and activities associated with this :(Stacked See notes x and 7 for ground use. dwelling floor use 4. If any pomi0n ora structure on the subject propemy is within 100 ~. ora single-hmily residential zone, then that pon/on of the stp,~ctore uniB) shall not exceed 30 h. above average btfildlng elevation and the structure shall be set back a m/n/mum of 20 ~. horn the propeny line of t}~e residential zone. 5. No maximum lot coverage is established. Instead, the btdldable area will be determined by other site development requirements; ie., required buffers, parking lot landscaping, suvaco water hcilities, etc. 6. For community desi~ guidelines that apply to the project, sec Article XIX. 7. For landscaping requirements that apply to the prQect, see ~icle XVII. 8. For sign requirements that apply to the prQect, see ~icle XVIIL 9. Refer to ~ 22-946 et seq. to detemine what other provisions of this chapter may apply to the subject; prope~y. 10. For provisions that relate to the keeping of animals, see ~ 22-981 ct seq. ~ocess I, II, III and ~V are desc~bed in For other information about parking and parking areas, see ~ 22-1376 et seq. ~ 22-351 - 22-361 - 22-370 For details of what may exceed this height limit, see 5 22-I046 et seq. 22-386 - 22-~i 1. ** , ~ q For details regarding required yards, see } 22-I 131 et seq. (Ord. No. 90-43 ,~. ~."(4c~-<0~ 2-27-90: Ord. No 93-170. ~ ?(-Z×h B), 4-20-93; Ord. No. 96-270 .,5 5, 7-2-96; Ord. No. 97-291, § 3, 4-I-97; Ord. No. 00-375, § 17, 10-3-00; Ord. No. 02-424, §. 3, 9-I7-02) EXHIBIT C 22-722 Entertainment. The followin uses shall be >errnitted in the neighborhood business (BN) zone subject..to the regulations and notes.set forth in this section: USE ZONE CHART ~ DIRECTIONS: FIRST,. read down to find use ... THEN, across for REGULAT!ON$ .. - ........ ~ Minimums 5 ~ Re, ~ir~d Y~ds '~ ZONE USE ~ ~ ~ a a ~ : ~ ~ a SPECIAL REGULATIONS AND NOTES ~rivate ProcesslI None 0~.' ~101~. 10a. 35~.aboCe lforeachl0~ ~.Gr~s~r.area~ft~is~usemayn~tex~ed:7~q.a.f~rre~taurants;5~sd.a.f~.hstf~drestaurants~ lodge or See notes 2 and 8 average sq. fl. of gross I 0,000 sq. ~. for private club or lodge; 25,000 sq,.R, for health clubs. club See building floor area for 2. lfany portion ora structure on the subject prope~ is within 100 R. of a residential zone, then that potion of note 6 elevation restaurants; the structure shall not exceed 30 ~, above average building elevation and the structure shall be set back a ~ galleu minimum of 20 ~. from the prope~ line of~e residential zone. . . See note 2 1 for each 80 3. ~e hours of operation of these uses may be limited to reduce impacts on nearby residential area. Restaurant sq. R. for fast 4. Access to and from drive-through hcilities must be approved by the public wor~ repayment. Drive-through or tavern food hcilities must be designed so that vehicles will not block 2affie in the street while waiting in line and will not restaurant: unreasonably interfere with on-site traffic flow. 5. Fast food restaumnB must provide one outdoor w~te receptacle for every eight parking spaces, F~t food Othe~yis¢ 6. No m~ximum lot coverage is established, Instead, the buildable area will be detemined by other site restaur~2 dete~ined on development requirements, i.e., required buffers, parking lot landscaping, surface water heilities, etc. a cae-by-case 7. For communiW design guidelines that apply to the projeck see ~icle XIX. Health basis ~ 8. For landscaping requiremenB that apply to the prQecq see ~icle XVII. Glu~ ~ ~"k,~,.~ 9. For sign requirements ~at apply to the prQect, see ~iele ~III. ~. I0. Refer to ] 22-946 et seq, to detemine what o~er provisions of~i$ chapter may apply to the subject prope~. ~cess k E, ~ md IV are described in For other nformat on abott park ng and parking areas, see ~ 22-1376 et seq. {{ 22-351 - 22-356, 22-361 - 22-370 For details of what may exceed this height limit, see ~ 22-1046 et seq. 22-386 - 22-411, For details regarding required yards, see ~ 22-1131 et seq. 22a31 - 22-460. respectively. ... (Ord. No. 90-43 § 2(45.65), 2-27-90; Ord. No. 93-170. ~ 7(Exh. B), 4-20-93; Ord. No. 96-270 ~ 5, 7-2-96; Ord. No. 97-291, ~ 3, 4-1-97) EXHIBIT D 22-722 Entertainment, The followin~ uses shall be oermirced in the neio, hborhood business (BN) zone subject to the regulations and notes set forth in this section: ', USE ZONE CHART ~ DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _~ ! Minimums - i ZONE ~-, ~ Ii Recruited, Yards USE ~ ......, _ ~ ~ ~ _ . : ~ ~ = ~ SPECIAL REGULATIONS AND NOTES Private Iodge Process 'None 0 2. { 10 2. [ 10 fi. 35 R. above 1 for each I. Gross floor area of this use may not exceed: 7,500 sq. R. for restauranB; 5,000 sq. R. for fast food restaurants; or club II See notes 2 and 8 average 100 sq. fl. of I 0,000 sq. fl. for private club or lodge; 25,000 sq. fl, for health clubs or retail establishment providing See building gross floor ente~ainment, recreational, or cultural se~iees or activities. ~ galleD' ~ote 6 ~ elevation area for 2. If any pomion of a structure on the subject prope~ is within I00 ~. of a residential zone, then that potion of restaurants; the structure shall not exceed 30 fl. above average building elevation and the structure shall ~e set back a 1 Restauram or ~ See note 2 minimum of 20 fl. from the prope~ line of~e residential zone. tavern 1 for each 80 3. The hours of operation of these uses may be limited to reduce impacts on nearby residential areas. sq. ~. for fast4. Access to and from drive-through facilities must be approved by the public works depa~ment. Drive-through food facilities must be designed so that vehicles will not block tra~c in the street while waiting in line and will not F~t food restaurant: unreasonably interfere with on-site traffic flow. restaurmnts 5. Fast food restaurants must provide one outdoor w~te receptacle for eveu eight parking spaces. Health Club Othe~vise 6. No mmximum lot coverage is established. Instead, the buildable area will be detemined by other site dete~ined development requirements, i.e., required buyers, parking lot landscaping, surface water facilities, etc. on a case-by- 7. For communiW design guidelines that apply to the prQec2 see Amicle XIX. Retail case basis f~ 8. For Iandscaping requirements that apply to the projec~ see ~icle ~II. establishment ~ 9. For sign requirements that apply to the project, see ~icle ~III. ~ o~ 10. Refer to } 22-946 et seq. to detemine what o~er provisions of ~is chapter may apply to the subject ente~ainmenk prope~. reereationak or cultural se~iees or activities ~oee~ i, II, ~I and iV are described in Foro er nformat on abo ~ parking and parking areas, ~ee ~ 22-1376 et seq. }} 22-35I - 22-355. 22-36I - 22-370 22-385 - 22-~ 1 I. For details ofwhat may exceed this height limit, see ~ 22-1046 et seq. 22~31 - 22-~0. resaectivelv. For details regnrdlng required yards, see ~ 22-1131 et seq. (Ord. No. 90-a3 [ 2(~5.6~` 2~2?~9~ ord. NO. 03.170` 5 7(Exh. B)~ 4.20-93; ord. NO. 96.270 ~ 5, 7.2-96; ord. NO. 97~29~ ss 3, 4- -97) EXHIBIT 2 July 16, 2003 7:00 p.m. City of Federal Way PLANNING COMMISSION Regnlar Meeting City .Hall Council Chambers MEETING MINUTES Commissioners present: John Caulfield, Hope Elder, Dave Osaki, Grant Newport, Bill Drake, and Dini Duclos. Commissioners absent (excused): Marta Justus Foldi. Alternate Commissioners present: Lawson Bronson, Merle Pfeifer, and Christine Nelson. Alternate Commissioners absent: Tony Moore (unexcused). Staff present: Community Development Services Director Kathy McClung, Code Compliance Officer Martin Nordby, Consultant Janet Shull, Assistant City Attorney Karen Jorgensen, and Administrative Assistant E. Tina Piety. Chair Caulfield called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES It was m/s/c to adopt the June 18, 2003, minutes as presented. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT None. COMMISSION BUSINESS PUBLIC HEARING - Oversized Vehicle Code Amendment Mr. Nordby presented the staff report. He stated that the purpose of the amendment is to add a definition for commercial vehicles and to revise tile code to be more specific to commercial vehicles and more accommodating to recreational vehicles, lie has incorporated the Planning Commission concerns made at the Workshop. In answer to a question, he stated that of some 66 complaint cases in the last 13 years, eight arc still open that have to cto with oversized vehicles, and all but one concerns commercial vehicles. The meeting was opened roi' l)ublic Testimony at 7:07 p.m. Marie Sc'iacqua, Federal Way/[omeonvter- She has owned a home here since 1976 in an area that does not have any covcnants, and thcrct'orc, depends upon tile City to help maintain tile neighborhood. She shoxved the Commission pictures o1' wu'ious "commercial" vehicles that have bccn parked ill her neighborhood by a particular neighbor. There have been different vehicles at different times, and thc current neighbor is parking an older vehicle that is very noisy and an eyesore. She lives on a cul-de-sac and at times the vehicles have caused sight-distance problems. There are a number ot' children in the neighborhood and she is concerned that the current vehicle does not have a back-up alarm to warn the children (and others) that it is backing up. She Planning Commission Minutes Page 2 July 16, 2003 commented that when she tried to deal with this neighbor, her boyfriend's car was egged. She has called the police when appropriate, but this issue is a low priority for them. She feels this amendment is a step in the right direction. Lawson Bronson, Alternate Planning Commissioner - He sees two problems with this amendment. First, it does not identify any citizen ~vho is requesting the change and he feels changes to the code should be sought by citizens and not be initiated by City staff. His second concern is that the City should not be making something illegal that has been legal for many years. He stated that he purposely bought in an area without covenants so that he would not be restricted. Commissioner Osaki asked what recourse does someone have to store/park a commercial vehicle? There are exemptions for particular reasons (such as loading and unloading), but because staff added "Except for commercial vehicles..." to the exceptions section, there will beno exceptions for commercial vehicles for long-term parking/storage. Large recreational vehicles and boats may be allowed pursuant to a use process review. He noted that in the last 13 years, no one has applied for an exemption. In response to an inquiry, Mr. Nordby commented that this code amendment would have a positive impact upon his workload because it will eliminate most of the recreational vehicle complaints and will allow him to resolve citizen's concerns. Ms. McClung responded to Mr. Bronson's concern regarding City staff initiating code amendments. She commented that since staff uses the code on a daily basis, it is part of their responsibility to be aware of and identify any problems or issues with implementation of the code. A list is kept that is updated as problems and/or issues arise. At the beginning of the year, this list goes to the City Council, who prioritizes the problems/issues, and thereby develops the Planning Commission Work Program. Mr. Nordby was asked why the 10,000 GVW limit? He replied that is the weight of the larger personal pick-ups. Commissioner Hope commented that she feels that most problems have to do with vehicles parked on the street, which is a police issue, and therefore, she does not support this code amendment. Other commissioners expressed their concern that there is no provision for long-term parking/storage of commercial vehicles. It was m/s/c (four yes, one no, one abstain) to adopt the proposed text amendment with the change of adding commercial vehicles to the exceptions through a Process III. PUBLIC HEARING - Changes to Neighborhood Business Use Zone Charts Code Amendment Ms. Shull delivered the staff report. These code amendments are in response to a citizen's request for the following text amendments: 1) Add churches, synagogues, and other places of worship to the permitted uses in the Neighborhood Business (BN) zone. 2) Increase the allowable density from 12 dwelling units per acre to 24 dwelling units per acre and remove restrictions for multiple family on the ground floor in the BN zone. 3) Add health clubs to the permitted uses in the BN zone. 4) Add batting cages to the permitted uses in the BN zone, K XPlanning Commission~2003~Meeting Summary 07-1(>-03.doc. dLast printed 7/28/2003 1:21 PM Planning Commission Minutes Page 3 July 16, 2003 After researching the requests, City staff made these recommendations: 1) 2) Recommend that the BN Use Zone Charts be amended to add churches, synagogues, and other places of worship as a permitted use. A new use zone chart for this use was developed. Recommend that FWCC Section 22-725 be amended to increase the allowable density to one unit per 2,400 square feet of lot area, or 18 units per acre. While this is less than was asked for, it would bring the allowable density to the same standard as that currently permitted in the Community Business zone. Allowing multiple family on the ground floor in the BN zone would be inconsistent with how multiple family is permitted in the other mixed-use zones in the City. 3) Recommended that health clubs up to 25,000 square feet in size be allowed in the BN zone. This use would be added to FWCC Section 22-722. 4) Recommend that "retail establishment providing entertainment, recreational, or cultural services or activities" be added to the permitted uses in FWCC Section 22-722, with a maximum square footage of 25,000 square feet. There was no pub'lic testimony. Commissioner Duclos commented that when batting cages were proposed for Celebration Park, many complaints were made about the possible noise and lights. Ms. Shull replied that this would be an indoor facility. Commissioner Newport commented that batting cages tend to draw from the entire region, not just the neighborhood. This goes beyond the intent of the BN zone. Ms. Shull replied that is why the size is restricted to 25,000 square feet, in the belief that a small facility would not have a regional draw, but a neighborhood draw. Chair Caulfield commented that the City should not allow "just anything" in the BN zone, but rather should encourage redevelopment. It was m/s/c (unanimous) to adopt staff recommendation #1 in regards to allowing churches, synagogues, and other places of worship as a permitted use. It was m/s/c (unanimous) to adopt staff recommendation #2 in regards to increasing the allowable density to one unit per 2,400 square feet of lot area, or 18 units per acre. It was m/s/c (two no, four yes) to adopt staff recommendation #3 in regards to allowing health clubs up to 25,000 square feet in size. Commissioner Osaki expressed concern that a large health club will draw from outside of the neighborhood and if open 24 hours, could be a nuisance at night. It was m/s/f(three no, three yes, a tie always fails) to adopt staff recommendation #4 in regards to allowing "retail establishment providing entertainment, recreational, or cultural services or activities." It was felt the size was not neighborhood friendly. ADDITIONAL BUSINESS None. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 8:37 p.m. K:~Planning CommissionL2OO3MMeeting Summary 07-16-03 doc/Last printed 7/28/2003 1:21 PM EXHIBIT 3 CITY OF FEDERAL WAY ORDINANCE NO. 03 - AN ORDINANCE OF THE CITY COUNCIL OF. THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XI, DISTRICT REGULATIONS (NEIGHBORHOOD BUSINESS ZONING CHARTS) WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22 (Zoning) to allow churches, synagogues, and other places of worship, and health clubs in the Neighborhood Business (BN) zone is compatible with and will serve residents of the surrounding neighborhoods; WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22 (Zoning) to increase the allowable density of multiple family dwellings from 12 units per acre to 18 units per acre would further the goals of the comprehensive plan by allowing and encouraging a variety of multiple family housing in commercial areas, as well as assisting the City to meet its assigned housing targets; WHEREAS, the City of Federal Way finds that these code amendments will implement and are consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on July 16, 2003, and forwarded a recommendation of approval to the City Council to allow churches, synagogues, and other places of worship, and health clubs in the Neighborhood Business zone and to increase the density of allowable multiple family in the Neighborhood Business zone from 12 units to 18 units per acre, but failed to adopt a motion to allow a retail establishment providing entertainment, recreational, or cultural services or activities; WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered these code amendments on August 4, 2003, following which it recommended adoption of the text amendments as recommended by the Planning Commission; and WHEREAS, the City Council finds that the code amendments relating to allowing churches, synagogues, and other places of worship, and health clubs in the Neighborhood Business zone and to increase the density of allowable multiple family in the Neighborhood Business zone from 12 units to 18 units per acre are consistent with Ord No. 03 - , Page I the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon 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 proposal: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: LUP21 Allow and encourage a variety of multiple-family housing types in designated commercial areas, especially in the City Center Core and City Center Frame areas. LUP28 Provide for a mix of commercial and residential uses in commercial areas. L UG7 Provide neighborhood and community scale retail centers for the City's neighborhoods. LUP42 Encourage neighborhood retail and personal services to locate at appropriate locations where local economic demand and design solutions demonstrate compatibility with the neighborhood. L UP44 Neighborhood Business centers should consist of neighborhood scale retail and personal services. LUP45 Encourage mixed residential and commercial developments in Neighborhood Business designations where compatibility with nearby uses can be demonstrated. The proposed FWCC text amendment bears substantial relationship to the public health, safety, and welfare because it facilitates the development of health and fitness centers in designated neighborhood business centers within the City. The proposed FWCC text amendment would also increase the potential list of tenants that could possibly fill existing tenant spaces within neighborhood business centers that have been vacant for long periods of time. and The proposed FWCC text amendment is in the best interest of the residents of the City because it facilitates development within neighborhood business areas that would provide additional service, recreational, and living opportunities for the citizens of Federal Way. Ord No. 03 - , Page 2 Section 3. Amendment. FWCC Chapter 22 is amended as set forth in the attached Exhibit A. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the __ day of ,2003. APPROVED: ATTEST: MAYOR, JEANNE BURBIDGE CITY CLERK, N. CHRISTINE GREEN, 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: I:~002 Code Amendments\Changes to BN zone\LUTC\072903 Adoption Ordinance.doc/07/29/2003 4:42 PM Ord No. 03 - , Page 3 EXHIBIT A 22-731 Churches. The followin~ uses shall be permitted in the neighborhood business (BN) zone subject to the re~;ulations and notes set forth in this section: USE ZONE CHART l DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums ,.~1 ~ Re~c uired Yards "' ~ ZONE ~ ~ ,: ~ BN ' ~ ~ SPECIAL REGULATIONS AND NOTES USE ~ ~¢ kE ~ ~¢ ~ Church, Process ~120~ 15ft. 10ft. 35ft. above A ~.~.fthesubje~tpr~pertY~a~ongwithanyc~ntigu~usareaintendedforfutureuseforthere~igiousactivities~rre~ated synagogue III, sa. t't.See notes 2, 5, and average transportation >urposes, is more than five acres, the use must obtain a master plan approved through Process IV. The master plan must or other ~ 10 building management show the ultimate.development of the site including all buildings, park ng and circulatiot! areas, other maior ;place o.f Process elevation ~ ~mprovernents, and buffers For proposals also requiting a development agreement, the city council's public hearing on worship IV See notes 4 - shall be a development agreement shall take the place of the public heating for master plan approval by the hearing examiner. _7 submitted as 2. The subject property may contain a rector3, or similar dwelling unit for use by the religious leader of the congregation. See note ~art of the If this is a detached dwelling unit, its setbacks are 20 ft. front and five ft. side and rear. I application. 3. The subject property must be adiacent to a collector or arterial right-of-way. - 4. If any portion ora structure on the subject property is located less than 100 ft. from an adiacent residential zone, then The TMP shall that portion of the structure shall not exceed 3(~ ft. above average building elevation and the structure she be set back a address the minimum of 20 ft. from the property line of the residential zone following: 5. Maximum height of any portion of the building may be increased to 40 ft., if all of the following are met: traffic control, a. The additional height is necessary to accommodate the particular use conducted in the building. ~ b. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft above demand and average building elevation. management, c, An increase in height shall not block views designated by the comprehensive plan, and traffic 6. Maximum height of the sanctuary or principal worship area may be.increased to 55 ft., if all &the following criteria movement tq are met: the adjacent a. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft. abov~e street system, average building elevation. b..An increase in height shall not block views designated by the comprehensive plan. 7. Religious symbols and icons for churches and other religious institutions may exceed the highest point of the underlying ruofon which it is mounted by an additional 15 ft., provided that such symbol is a minor architectural accent and only..gn~ such symbol is permitted on the principal structure for this use. 8. No maximum lot coverage is established Instead, the buildable area will be determined by other site development requirem.ents, i.e., required buffers, parking lot andscap ny, surface water facilities, etc 9. F.or community design guidelines that app y to the proiect, see Article XIX. 10. For landscaping requirements that apply to the proiect, see Article XVII. 11. For sign requirements that apply to the project, see Article XVIII. 12. Refer to § 22-946 et seq. to determine wha[othe,r prov sons &this chapter may apply, to the subject property. Process I, II,.!!l and IV are described in ~ For other information about park ng and parking areas, see § 22-1376 et seq. 5§ 22-351 - 22-356, 22-361 - 22-370 22-386 - 22-411, For details of what may exceed this height limit, see § 22-1046 et seq. 22431 - 22-460. rest~ectivelv. For details regarding required yards, see § 22-1131 et seq. I:'0.002 Code Amendments\Changes to BN zone\LUTC\New Church Chart.doc EXHIBIT A 22-725 Multiple-unit housing. The followim uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section: USE ZONE CHART ~_ DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS © Minimums ~ Re~ uired Yards [ '~ ZONE ~ ~ ~ BN · - .~ ~ .~ ~o~ -~ USE ~ ~ ~ a ~ ~~ g ~ '$ SPECIAL REGULATIONS AND NOTES Multiple- Process II None Same as these Same as 1.7 per 1. This use may not be located on the ground floor of a structure. The ground floor of the structure must contain one or more other use(s) unit regulations for these unit allowed in this zone. housing ~round floor use regulations 2. The subject prope~y must contain at least ~,600 2,400 sq. ft. of lot area per dwelling unit or one acre for every &2- 18 dwelling units. (Stacked See notes 4 and 7 for ground ~3. Section 22-946 et seq. contains regulations regarding home occupations and other accessories, facilities and activities associated with this dwelling floor use 4. If any portion of a structure on the subject property is within 100 fi. ora single-family residential zone, then that portion oftbe structure units) shall not exceed 30 fi. above average building elevation and the structure shall be set back a minimum of 20 ft. from the property line of the residential zone. 5. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements; i.e., required buffers, parking lot landscaping, surface w~ter facilities, etc. 6. For community design guidelines that apply to the project, see Article XIX. 7. For landscaping requirements that apply to the project, see Article XVII. 8. For sign requirements that apply to the project, see Article XVIII. 9. Refer to § 22-946 et seq. to determine what other provisions &this chapter may apply to the subject; property. 10. For provisions that relate to the keeping of animals, see § 22-981 et seq. Process I, Il, III and IV are described in For other informat on abott parking and parking areas see § 22-1376 et seq. §§ 22-351 - 22.356, · 22-361 - 22-370 1 22-386 - 22-411 For details of what may exceed this beight limit, see § 22-1046 et seq. 22431 - 22-460. resvectivelv. For details regarding required yards, see § 22-1131 et seq. (Ord. No. 9043 § 2(40.50), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 96-270 § 5, 7-2-96; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 00-375, § 17, 10-3-00; Ord. No. 02-424, § 3, 9-17-02) I:XC' Code Amendments\Changes to BN zone\LUTC~Edited Sec 22-725.doc EXHIBIT A 22-722 Entertainment. The followino~ uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section: USE ZONE CHART ~ DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS © Minimums ~< o°~ Recuired Yards ~* ZONE ~ ~ = BN .... = ~ ~ SPECIAL REGULATIONS AND NOTES USE ~ ~ ~ ~ ~ ~ ~ ~ Private Process II None 0 ft. 10 fl. 10 fl. 35 ~. above 1 for each 100 1. Gross floor area of this use may not exceed: 7,500 sq. a. for restaurant; 5,000 sq. ~ for f~t food restaurants; lodge or See notes 2 and 8 average sq. a. of gross 10,000 sq. a. ~or private club or lodge; 25,000 sq. ~. for health clubs. club See building floor area for 2. If any poaion of a structure on the subject prope~ is within 100 a. of a residential zone, ~en ~at pogion of~e note 6 elevation restaurants; structure shall not exceed 30 ~. above average building elevation and ~e structure shall be set Duck a minimum o~ ~ gallery 20 ~. from the prope~ line of the residential zone. See note 2 I for each 80 3. The hours of operation of these uses may be limited to reduce impacts on nearby residential areas. Restaurant sq. a. for fast 4. Access to and from drive-through facilities must be approved by the public works department. Drive-through or tavern food facilities must be designed so that vehicles will not block traffic in the street while waiting in line and will not restaurant: unre~onably interfere with on-site traffic flow. 5. F~t food restauranU must provide one outdoor w~te receptacle for every eight parking spaces. F~t food Othe~ise 6. No maximum lot coverage is established. Instead, the buildable area will be dete~ined by other site restaurants determined on development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. Health club a case-by-case 7. For community design guidelines that apply to the project, see ~icle XIX. basis ~ 8. For landscaping requiremenm that apply to the project, see ~icle XVII. ~;,,~,~v ..... ~ ~.,,~*h'~ ~,~. 9. For sign requirements that apply to the project, see ~icle XVIIh ~. I0. Refer to ~ 22-946 et seq. to determine what o~er provisions of~is chapter may apply to the subject property. [~ I I Process I, ti. III and IV are described in For other information about parking and parking areas, see { 22-1376 et seq. {{ 22-351 - 22-356, 22-361 - 22-370 22-386 - 22-411, For details of what tnay exceed this height limit, see ~ 22-1046 et seq. 22-~31-22-~60, res~ectivelv. For details regarding required yards, see ~ 22-113 et seq. (Ord. No. 90-43 § 2(45.65), 2~27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 96-270 § 5, 7-2-96; Ord. No. 9%291, § 3, 4-1-97) 152002 Code Amendments\Changes to BN zonekLUTC\Edited Sec 22-722.doc CITY OF ~ Federal Way PLANNING COMMISSION RECOMMENDATION July 29, 2003 To: VIA: FROM: SUBJECT: MEETING DATE: Eric Faison, Chair Land Use/Transportation Committee (LUTC) David Mo/5~y~ager Kathy McClung, Director of Community Development Services Martin Nordby, Code Compliance Officer Margaret H. Clark, AICP, Senior Planner ~ Amendments to Federal Way City Code (FWCC) Chapter 22, Article XIII, Division 11, "Vehicles and Boats" (Oversized Vehicles) (]File No. 03-102457-00-UP) August 4, 2003 I. BACKGROUND Over the years, the City's Code Compliance Off~cer has received many complaints from citizens regarding the parking of oversized commercial vehicles on lots within residential zones. However, the limitations of the language in Federal Way City Code (FWCC) Chapter 22, Article XIII, Division 11, "Vehicles and Boats," concerning oversize vehicles have created problems in responding to citizen complaints about commercial vehicles and equipment stored on residential lots. As time permits during the year, staff prepares amendments ora housekeeping nature to address problems such as this. The purpose of this revision is to better define the types and nature of vehicles normally prohibited from being stored on a residential lot, yet accommodate to an appropriate extent vehicles normally associated with a residence. The Planning Commission conducted a public hearing on July 16, 2003. After the close of the public hearing, the Planning Commission discussed the staff recommendation and recommended approval of said recommendation with one change as discussed in Section III of this staff report to the City Council. It is the City's practice that all City business be preseuted to a Council Committee, in this case the Land Use/Transportation Committee (LUTC), before Council deliberation. II. DISCUSSION OF PROPOSED AMENDMENTS/PLANNING STAFF RECOMMENDATION Existing language in FWCC Section 22-1176, "Size and Use in Residential Zones Limited," states: "Except as specified in FWCC 22-1177, it is a violation of this chapter to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length." Since commercial vehicles are not currently defined in the code, this language allows large commercial vehicles nine feet or less in height and 22 feet or less in length to be parked on lots in residential zones. On the other hand, it prohibits recreational/utility vehicles used for personal reasons to be parked on residential lots if they exceed these dimensions unless they apply for and are granted a Process III land use approval. A discussion of the proposed amendments as recommended by planning staff can be found in Exhibit 1 - Staff Report for the July 16, 2003, Planning Commission meeting, and is summarized as follows. Adopt a definition of "commercial vehicle." Vehicles meeting the definition of "commercial" would be prohibited from parking on lots in residential zones unless they are specifically exempted. The proposed new definition of commercial vehicle would be based on both their gross weight and use, rather than solely on size. In general, commercial vehicles would be defined as any truck over 10,000 lbs gross vehicle weight rating (GVWR), which are used primarily for transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment (Exhibit B of Exhibit 1). 2. The following commercial vehicles are propOsed to be exempted (Exhibit A of Exhibit 1 [FWCC Section 22-1178]): i. Vehicles used for agricultural purposes on any lot in Single-Family Residential (RS 35.0) or Suburban Estates (SE) zones. ii. Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. iii. Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development permit. 3. The following types of vehicles and boats would be permitted to be parked or stored on lots within residential zones (Exhibit A of Exhibit 1 [FWCC Section 22-1177]): i. Vehicles, 10,000 lbs GVWR or less, with or without a mounted camper unit, which are primarily used for transportation purposes. ii. Vehicles used for commercial purposes but based on standard pick-up, light duty trucks, or passenger vehicles that do not exceed a maximum of 10,000 lbs GVWR. Amendments to FWCC, Chapter 22, Article XIII, Division 1, "Vehicles and Boats" Planning Commission Recommendation to LUTC File #03-102457-00-UP Page 2 111. Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers wifl~ or without boats, and utility trailers based on the following conditions: a. Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct sight visibility from adjacent driveways. b. Vehicle is maintained in a clean, operable condition. c. Vehicle parking or storage is accessory to an existing permitted residential use. iv. Recreational/utility vehicles and boats 28 feet in length or longer may be stored on any lot in a residential zone when not visible from the public right-of-way and not stored or parked in the driveway. Existing code language has a process to allow the parking or storage of any vehicle on a lot in a residential zone if it meets the following criteria (Exhibit A of Exhibit i [FWCC Section 22-1179]): (1) The parking or storage of 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. The staff recommendation to the Planning Commission added language, which would not allow commercial vehicles to be parked or stored on residentially zoned lots under this provision. The Planning Commission did not accept this staff recommendation (please refer to Section III). As part of this code amendment, staff discovered a mistake that had been made by the codifiers in 1992. At that time, sections of the code were renumbered and rearranged. This resulted in a cross reference to Section 22-1176 being dropped from the requirement of immediate conformance (FWCC Chapter 22, Article IV, "Nonconformance," Exhibits C & D of Exhibit 1). This cross-reference is proposed to be reinserted (please refer to Exhibit E of Exhibit 1). III. PLANNING COMMISSION RECOMMENDATION The Planning Commission conducted a public hearing on July 16, 2003. After the close of the public hearing, the Planning Commission discussed the staff recommendations and recommended approval of the staff recommendation to the City Council with one exception. The Planning Commission recommended that commercial vehicles also be allowed on residentially zoned lots if approved through a Process Ili review. Please refer to Exhibit 2 for the Planning Commission's recommendation and Exhibit 3 for the meeting minutes. The planning staff recommendation is shown as str4keout (proposed deletions) and underline (proposed additions) and changes proposed by the Planning Commission are shown as dr~::bl~ atrikc~ut and double underline. Amendments to FWCC, Chapter 22, Article XIII, Division 1, "Vehicles and Boats" Planning Commission Recommendation to LUTC File #03-102457-00-UP Page 3 IV. COUNCIL ACTION/STAFF RECOMMENDATION The Committee has the following options: 1. Recommend that the full Council adopt an ordinance approving the proposed code amendments as recommended by the Planning Commission. 2. Recommend that the full Council modify and then approve the proposed code amendments. 3. Recommend that the full Council disapprove the proposed code amendments. Staff recommends that the LUTC recommend to the full Council Option No. I above, that is, adoption of the Planning Commission's recommendations. ge LAND USE]TRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the proposed amendment to the full Council for first reading as follows: As recommended by Planning Commission. As recommended by Planning Commission and amended by the LUTC. Eric FaisOn, Chhir Dean MCColgan Michael Park LIST OF EXHIBITS Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Staff Report for the July 16, 2003, Planning Commission Meeting with Exhibits A-D Planning Commission Recommendation Minutes of July 16, 2003, Planning Commission Meeting Draft Adoption Ordinance I:~2002 Code Amendments\Chang:s to BN zone\LUTC\080403 PC Rec StaffReport to LUTC.doc/07/30/20039:52 AM Amendments to FWCC, Chapter 22, Article XIII, Division I, "Vehicles and Boats" Planning Commission Recommendation to LUTC File//03-102457-00-UP Page 4 EXHIBIT 1 CITY OF -~ Federal Way STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal 14/ay City Code (FWCC) Chapter 22, Article XIII, Division 11, "Vehicles and Boats" (Oversized Vehicles) Planning Commission Meeting of July 16, 2003 [o BACKGROUND Over the years, the City's Code Compliance Officer has received many cotnplaints from citizens regarding the parking of oversized commercial vehicles on lots within residential zones. However, the limitations of the language in Federal Way City Code (FWCC) Chapter 22, Article XIII, Division 11, "Vehicles and Boats," concerning oversize vehicles have created problems in responding to citizen complaints about commercial vehicles and equipment stored on residential lots. As time permits during the year, staff prepares amendments of a housekeeping nature to address problems such as this. The purpose of this revision is to better define the types and nature of vehicles normally prohibited from being stored on a residential lot; yet accommodate to an appropriate extent vehicles normally associated with a residence. II. DISCUSSION OF PROPOSED CODE AMENDMENTS Existing language in FWCC Section 22~ 1176, "Size and Use in Residential Zones Limited," states: "Except as specified in FWCC 22-1177, it is a violation of this chapter to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length." Since commercial vehicles are not currently defined in the code, this language allows large commercial vehicles nine feet or less in height and 22 feet or less in length to be parked on lots iu residential zones. Therefore, one of the proposed mnendments is a new definition for "conunercial vehicle," which will be included in FWCC Section 22-1176 (Exhibit A). This definition will also be included in FWCC Section 22-1, "Definition" (Exhibit B). Vehicles meeting the definition of commercial would be prohibited unless they are specifically exempted. See Section II.C of this staff repoa and FWCC Section 22-1178 of Exhibit A. Based on the proposed new definition of commercial vehicle, the types of vehicles to be prohibited on residentially zoned lots would be based on both their gross weight and .use, rather than solely on size. EXHIBi'I' I PAGE_ I OF ¢ A. New Definition of Commercial Vehicle The following definition would be added to' FWCC Sections 22-1176 and 22-1, "Definitions": "Commercial vehicle means, unless exempted by FWCC 22-1178, any truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), the principal Use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, bac~loes, craues, and similar construction equipment." B. Vehicles mtd Boats Permitted Under the proposed code amendment, FWCC Section 22-1176 would not regulate tile vehicles described in this section of the staff report, and therefore, they could be parked or stored on residentially zoned lots as specified in Section 22-1177 of Exhib~! A. Proposed FWCC Section 22-1177 would allow the parking of any size vehicle normally used primarily for private transportation purposes (Section II.B.a of this staff report). It would also respond to one of the Planning Commissioner's concerns by allowing tow trucks or other trucks 10,000 lbs GVWR or less that an on-call person may desire to bring home in the evening (Section II.B.b of this staff report). In addition, it would allow recreational/utility vehicles and boats less than 28 feet in length to be parked or stored in driveways based on certain conditions (Section Ii.B.c of this staff report), and would allow vehicles and boats 28 feet in length or longer to be parked or stored on-site if they are not parked in tile driveway and are not visible from the public right-of- way (Section II.B.d of this staff report). The following types of vehicles and boats would be permitted under the proposed FWCC Section 22-1177: a) Vehicles, 10,000 lbs GVWR or less, with or without a mounted camper unit, which are primarily used for transportation purposes. b) Vehicles used for commercial purposes but based on standard pick-up, light duty trucks, or passenger vehicles that do not exceed a maximum of 10,000 lbs GVWR. c) Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor [tomes, truck campers removed frotn a truck or pick-up, horse trailers, boat trailers with or without boats, and utility trailers based on tile followiug conditions: 1. Vehicle does not intrude into public rights-of-way, pedestriml pathways, or obstruct sight visibility from adjacent driveways. 2. Vehicle is maintained in a clean, operable condition. 3. Vehicle parking or storage is accessory to an existiug permitted resideutial use. d) Oversized Vehicles Code Amendment Planning Commission Staff Report Recreational/utility vehicles and boats 28 feet in length or longer may be stored oil any lot in a residential zone when not visible from the public right-of-way and not stored or parked i n tile driveway. ~ ~ . File #03-102457-00-UP PAGE__A Commercial Vehicles Exempted Under the proposed code amendment, FWCC Section 22-1178 would exempt the following commercial vehicles (refer to Section 22-1178 of Exhibit A). a) Vehicles used for agricultural purposes on any lot in Single-Family Residential (RS 35.0) or Suburban Estates (SE) zones. b) Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. c) Vehicles parked 'on any lot in a residential zone for construction purposes pursuant to a valid development permit. D. Existing Lahguage to be Retained The following language in FWCC Chapter 22, Article XIII, Division 11 is to be retained, except for that language proposed to be deleted (shown as ' ~str4keom) and other language proposed to be added (shown as underlined). The deleted language in sub-section (a) has been moved to FWCC Section 22-1178[b]). The added language is intended to clarify that Process III may not be used to allow the storage or parking of otherwise prohibited commercial vehicles "22 !!77 22-1179 Exceptions. ~ ,^~ vehicle of any s[z~a3 be v ............ J ......... .,~ j ....... m~re ~-our~,, o for tim exclusive purpose cf loading or (b) Except for commercial vehicles, The 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 of the vehicle or boat will not be detrimental to the character of tile 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; m~d (4) The parking or storage is clearly accessory to a residential use on the subject property a¢d the vehicle or boat is operated by a resident of tile subject property. 22-1180, Additional requirements. Tim City may impose screening requirements, limit the bouts of operation, and impose other restrictions to eliminate adverse impacts of the parking or storage. g2 14-79 22-1181, Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period.". O~2ersized Vehicles Code Amendment Planning Commission Staff Report EXHiBiq .... PAGE_.{__OF _/,, ~.ile #03-102457-O0-UP Page 3 E. Other Changes The City is unaware of any legally nonconforming businesses with associated commercial vehicles in residentially zoned areas. However, if this was the case, the commercial vehicles would have to be removed based on FWCC Section 22-330, "Immediate Compliance with Certain Provisions Required." This section states: "(a) Generally. Regardless of any other provisions of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter; ...(8) Nonconformance with the provisions in FWCC 22-1111 et seq.; regarding parking and storage of large vehicles in residential zones. However, in reviewing this section, staff realized that this it should also have referenced FWCC Section 22-1176 et seq. This omission apparently occurred when the code was codified in 1992. Prior to the codification, the nonconformance section (Chapter 165.25) referred only to ';Non- conformance with the provisions in Chapter 115 regarding Parking and Storage of large vehicles in residential zones" (Exhibit C). However, there were two sections (Chapter 115.105 and 115.145) in Chapter 115 that governed parking and storage of large vehicles in residential zones (Exhibit C). When the code was codified, Chapter 165.25 became Section 22-330, Chapter 115.105 became Section 22-111 l, and Chapter 115.145 became Section 22-1176 et al. However, Section 22-330 now only referenced Section 22-1111 et seq. (Exhibit D). We are, therefore, proposing to ad a reference to FWCC Section 22-1176 et seq. in FWCC Section 22- 330(8) (refer to Exhibit E). III. COMPARISON OF EXISTING AND PROPOSED NEW CODE The following table shows the types of vehicles currently permitted in residential zones and whether they would be permitted or not under the proposed code amendment. TABLE I Vehicle Current Code Proposed Code Pick-up truck (I ton) 10,000 Permitted (typically would uot Permitted GVWR or less exceed 9' high and 22' long) Commercial truck (approximately Permitted if22' or less in Not Permitted 1.5 tou) over 10,000 GVWR length or 9' or less in height Excavation equipment (e.g., Permitted if22' or less in Not Permitted backhoes, shovels, track-hoes) length or 9' or less in height Cab-over diesel tractor Permitted if 22' or less in Not Permitted length or 9' or less in height Oversized Vehicles Code Amendment Planning Commission Staff Report EXH!B " PAGE File #03-102457-00-IJP Page 4 Vehicle Current Code Proposed Code Recreational vehicles Not permitted if over 9' high Permitted if under 28' in length and can and more than 22' long be accotrunodated completely on driveway. More than 28'could not be parked in driveway or be visible from the public right-of-way. Commercial grade dump truck Permitted if22' or less in Not Permitted length or 9' or less in height Flat-bed trailers (commercial) Permitted if 22' or less in Not Permitted length or 9' or less in height IV. STAFF RECOMMENDATION Staff recommends that the code amendments as proposed in Exhibits A, B, and E be recommended for approval to the City Council by the Planning Commission. ge REASON FOR PLANNING COMMISSION ACTION FWCC Ci~apter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the zoning code text regarding any proposed amen&nents. 2. To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528. 3. To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. VI. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zouing text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendmen! ix consHlett! with the al~plicable provisions of the COml)rehensive ldrm. There is no specific language iu the comprehensive plan that addresses the desire to prohibit commercial vehicles from lots in resideatially zoned neighborhoods, ltowever, one of thc laad use concepts found in the comprehensive plan (page 1I-1) is the, "Preservation and enhaaccmcnt of existing residential neighborhoods." The proposed FWCC text amendmeats are consistent with this concept. Oversized Vehicles Code Amendment Planning Commission Staff Report PAGE__ 'File #03-102457-00-U1' Page 5 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed atnendtnent bears a substantial relationship to public health, safety, and welfare because allowing large commercial vehicles to park or be stored on lots in residential zones can result in blocking sight distance, thus contributing to traffic-related accidents. 3. The proposed amendment is in the best interest of the residents of the City. The proposed FWCC text amendment is in the best interest of the residents of the City because allowing large commercial vehicles on residential lots is unsightly and detracts from the neighborhood character. VII. PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: 1. Recommend to City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendments as modified; 3. Recommend to City Council that the proposed FWCC text amendments not be adopted; or 4. Forward the proposed FWCC text amendments to City Council without a recommendation. VIII. EXItlBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E FWCC Chapter 22, Article XIII, Division 11, "Vehicles and Boats'' FWCC Chapter 22, Article 1, Section 22-1, "Definitions" Federal Way Zoning Code adopted upon 1990 incorporation (Chapters 165.25, 115.05 & 115.145) Federal WayCityCode codified in 1992 (FWCC Sections 22-330, 22-1111, & 22-1176) FWCC Chapter 22, Section 22-330 (Portion of Existing Zoning Code) with Proposed Amendment EXHiB i _ I !%2003 Code Amendments\Oversize VchicleskPlanningComraissioak063003 PlanningCommission Staff Report. DOC/07/09/20038:00 AM Oversized Vehicles Code Amendment Planning Commission Staff Report File//03-102457--O0-U P Page 6 EXitiBIT A FWCC Chapter 22. Article XIII. l)ivision 11. Vehicles and Boats 22-1176 8ize-aud4~se Parking and storage in residential zones limited. E~xc~ept~qs-specdfieddnd~VC~ 22 14,q7, itds-a4qotation-ofqhis-cdmpterqo1~ark-or~4ore-m~y-vehicde or~t~nan~ot4 n~qq'esidenti al~on~fqhat~ehicd~r4oatq~othqnor~hanqtin~t4 n4teigh t andqnor~han~eetd'ndengdt~Ord~o~O~4d 5. ! 4 Except as exempted pursuant to FWCC 22-1178, parking or storage of commercial vehicles is prohibited on residentially zoned lots. Commercial vehicle means, unless exempted by FWCC 22- 1178, any truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), the principal use of which is the transpogation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. 22-1177 Vehicles and boats Permitted. (a) Vehicles, 10,000 lbs GVWR or tess, with or without a mounted camper uait, which are primarily used for private tradsportation purposes. (b) Vehicles used for commercial p~oses but based on standard pick-up, light duty trucks, or passenger vehicles that do not exceed a maximum of 10,000 lbs GVWR. (c) Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utility trailers based on the followine conditions: (1) Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct ~ht visibility from adjacent drivexvays. C2_) Vehicle is maintained in a clean, operable condition. (3_) Vehicle_p_arking or storage is accesso~x to an existingA)ermitted residential use. (d) l~gcrco_tioj~al/~dility vehicles and [)oats 28 feet in length o~t_!oqg.c_!i_pm'¢ be stored on an35~ol in :)_y~sidcnkial zone xvJic:~ not visible fi-om thc public [ight-of-w~, and not glo.red or parked in die 22-1178 Commercial Vehicles eXeml)ted (a) Vehicles usc(! for ak',t ieul!m:t[ l!U!'l!qSqS on any lot 35.0) or ~ut)url)an l']:(alc% (.'ql']) (b) Vchiq:lcs l);.-!<cs! on q!Lv !9Lj~! ~!~-csi(lc!gial ~9_[~ !iq)!: n~!t m~rc !!tqm! 48 hours for the cxcltLsivc purpose 9f.l.gading or tml(_)j~d~i.L~L_' thc vehicle. {c_) Vehicles parkc(I on any lot ia a residential zone for construction p_t_!!il)OSeS l)Ursuant to a valid developmentA)ermit. PAGE ..... l__.t3;-k ............. 2-2--t4-7-7 22-1179 Exceptions. (a)C,-vehic4e-o£-a n y~size~n a~arked~any4ot-it~the-eity4'orqte~tmre4h an~Ch ou r-s-fo~ th e-esc4 u ~r~fdoadlng-or4mloading-th c (4)) Except for commercial vehicles, T-he 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 of 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. 90-43, {} 2(115.145(2)), 2-27-90; Ord. No. 00-375, {} 25, 10-3-00) 22 !178 22-1180 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. 90-43, § 2(115.145(2)), 2-27-90) 2~ ~ ~.n 22-1181 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(l 15.145(3)), 2-27-90) 22 1180 22-1182 - 22-1195 Reserved. 1:~003 Code Amendments\Oversize VchicleskPlanning CommissionkDivision I ! -- New Code Language.doc/07/07/2003 I i :31 AM EXItlBIT B FWCC Chapter 22. Article 1. In General. Section 224. Definitions Church, synagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include ,'elated accessory uses. Class I home occupation means those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class H home occupation means those hmily child care homes that qualify under FWCC 22- 1069. College or university means a post-seconda~ institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or ce~ificates of completion in business or technical fields. Collocatio~ means the placement and arrangement of multiple providers' autennas and equipment on a single suppo~ structure or equipment pad area. Commercial recreatio~facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational pu¢oses including swimming pools, teunis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the paymeut ora fee. Commercial use means the uses allowed in the colnmercial zones and not permitted in auy other zones of the city. Commercial vehicle means, unless exempted by FWCC 22-1178, any truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washin~on (RCW), the principal use of which is the transpo~ation ofcmnmodities, vehicles, merchandise, produce, [!/ei~ht, or animals; or bulldozers, backhoes, cranes, and similar construction eq~ment. Commercial zo,es means the BN, BC, CC-C and CC-F zoning districts. Commo, recrea~io~al open space ~sable for many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) (k)vc,-cd by any vegetation that impedes access. (3) ()n a slope that is too steep for rccrcalioual activities. (;o.l...ti(l, rc.c:rcc~iot~ (.'ec~ or c[~d)/~o~(xc' means an area devoted to fhcilitics and eqUil)mOm tbr recreational t)tu-poscs, such as swimming pools, tennis courts, playgrounds, community clubhouses and ()thor similar uses, which mca is maintained and el)orated by a nonprofit club or oq,,anizalion whoso membership is limited to tho residents within a specified development or (;o.t/)r(,t~r,trs'ivc l)h.~ mc:ms Iht ordinances of thc city, as adopted and amen(lcd I'r()m time lime, un(tot R( ;W 35A.63.060 through 35A.65.080 and thc sh()rclinc maslcr proj~ram. (;o~tto.r li.e tucans Iht imcrcom~ccli(m of points having thc same height above sca loyal. Com,(de.s'r:cttt ce~tter means an inpatient facility, excluding fimilitics defined as hospitals, patients who are recovcriug fi'om an illness or who arc receiving care tBr chronic conditions; mental, physical, emotional or dcvelol)mental disabilities; tcrmimd illness; or alcohol or drug treatment and may include assisted living facilities. 165.20 165.25 Abatement of Non-Conformance That Was Illegal When Initiated General - Except as specified in Paragraph 2 of this Section, any non-conformance that was illegal when initiated must immediately be brought into conformance with this Chapter. The City may, using the provisions of Chapter 175 of this Code or any other applicable law, immediately abate any non-conformance that was illegal when initiated. Exceptions - If a non-conformance has ever been in complete conformance with an applicable zoning code, it may continue to exist subject to the provisions of this Chapter, and it is not subject to abatement under Paragraph 1 of this Section. Immediate Compliance with Certain Provisions Required General - Regardless of any other provision of this Chapter, the following non-conformances must be immediately brought into conformance with applicable provision of this Code: a. Non-conformance with the Noise Standards in Chapter 115. b. Non-conformance with the Lighting Standards in Chapter 115. Non-conformance with the Heat Emission Standards in Chapter 115. d. Non-conformance with the Radiation Standards in Chapter 115. Non-conformance with the Air Quality Standards in Chapter 115. Non-conformance with the Water Quality Standards in Chapter 115. g. Non-conformance with the Odor Standards in Chapter 115. Non:conformance with the provisions in Chapter 115 regarding Parking and Storage of large vehicles in residential zones. Non-conformance with the provisions in Chapter 115 regarding junk in residential zones. 165 - 2 EXHIBI" PAGE_ I q ...... 165.30 165.35 Non-conformance with the Glare Standards in Chapter t 15. Non-conformance with the provision in Chapter 95 of this Code regarding portable outdoor signs. Non-conformance with the provision in Chapter 95 of this Code regarding location of signs extending over rights-of- way. Abatement - Tile City may, using any of tile provisions of Chapter 175 of this Code or any other applicable law, immediately abate. or seek discontinuance of any non-conformance listed in Paragraph 1 of this Section. S_S_pecial Provision for Damaged Improvements If a non-conforming improvement is damaged by sudden accidental cause, that improvement may be reconstructed only if it n~eets the following requirements and not otherwise: The cost of reconstructing the damaged improvement does not exce~ 75 percent of the assessed or appraised value, the applicant may provide an appraisal of the improvement which has been damaged. The appraisal must be from a source that is acceptable to the City. The Community Development Director may require the applicant to provide an appraisal from a source acceptable to the City if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the City, the larger of the two amounts shall be used. The improvement, as reconstructed, is not any inore non- conforming than it was immediately prior to the damage. 'File applicant applies for a building l~rmit to re, construct tile damaged improvement within six inonths of thc dale of the damage and r~nstmcts the improvement pursuant to that building permit. Certain Non-Con formaL~Ce Speci ftc.ally P,e~nl aled (.(;e~)~r_al - 1)a~agraphs 2 through ? of this Section specify when and under what circulnstances certain ~lo[1-co~lforlna~lCe IBUSt be corrected. If a non-conformance must be corrected uuder this Section, the applicant must, as part of tile application for any development ixzrmit, submit all information that the City 165 - 3 EXHIBIT C !_.. PAGE ;t State Standard Adopted - The city of Federal Way adopts by reference the Maximum Environmental Noise Levels established pursuant to the Noise Control Act of 1974, RCW Chapter 70.107, as now existing or hereafter amended. See WAC Chapter 173-60, as now existing or hereafter amended. Watercraft Noise Perfol-mance Standards - The city of Federal Way adopts by reference the Watercraft Noise Performance Standards established pursuant to the Noise control Act of 1974, RCW Chapter 70.107, as'now existing or hereafter amended. See WAC Chapter 173-70, as now existing or hereafter amended. 115.100 '~!!5.105 Bonds - The City may require a bond under Chapter 180 of this code to insure compliance with the provisions of this Section. Odor Any odor which injures, endangers the comfort, repose, health or safety of person on abutting properties or streets, or in any way renders persons insecure in life or in the use of abutting properties or streets is a violation of this Code. outdoor Use, Activity and Storace General - This section establishes regulations applicable to outdoor use, storage and activity. Residential Uses - Outdoor uses, storage and activities noz-mally, associated with a residential use are permitted, unless othelngise regulated or prohibited by this Code. 3. Commercial and Industrial Uses General - Subject to the requirements of paragraphs b. through g. of this Section, the uses and activities that are permitted on a site under this Code may be conducted out of doors unless other%~ise regulated or prohibited by this code. 115 - 21 PAGE_ OF · ~.~/1 15.14 5 'k yehi~jes and Boats - Size and Use in Bes.jden~aZ Zo_Des L~mite~ geDera[ - Except as specified in paragraph 2 of this section, it is a violation of this Code to park oC store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than 9 feet in height and more than 22 feet in length. Sxcept[ons A vehicle of any size may be parked on any lot in the city for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. The City may) using Process II, 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 of 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 The .parking or storage is clearly accessory to a residential use on the subject proper~y and the vehicle or boat is operated by a resident of the subject property. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. L~m~tation on Use - It is a violation of this Code to sleep in, or use for any other residential purpose, a vehicle or boat parked in a reside:{tial zone for more than fourteen (14) days in any one hundred and eighty (180) day period. zz5 - 38 ZONING § 22.330 ninormod- ducing the itc amount increasing oor area of any struc- ,r parking feet in any y required y increase change in nt to the .y ~verse ;i. ..roject rdficantly quirements, to the at> of the re- cant may .terial re-, ~latcd lpon this ns 22-301 'Aon for a ution of ty, in thc ~ for the ti ., or section (a) of this section, any development on the · subject property must comply with all applicable laws of the city as if the resolution of intent to rezone had not been granted. (Ord. No. 90-43, § 2(130.80), 2-27-90) Sec. 22-307. Same-Map change. Upon completion of the project in full compli- ance with the resolution of intent to rezone and the site plan approved as part of that. resolution, the city shall give effect to thc rezone by adopting an ordinance that makes the change to the zone boundary or zone classification or/the zoning map that was approved in the resolution of intent to rezone. (Ord. No. 90-43, § 2(130.85), 2-27-90) Sees. 22-308--22-325. R~servcd. ARTICLE IV, NONCONFORMANCE* Sec. 22.326. Administration. This article establishes when and under what circumstances nonconforming aspects of a use or development must be brought into conformance with this chapter. The provisions of this article should be used only if there is some aspect of the . use or development on thc subject proper~y that is no.[ permitted under this chapter. -(Ord. No. 90-43, § 2(165.05), 2-27-90; Ord. No. 91- 118, § 4(165.05), 12-3-91; Ord. No. 92-135, § ,.8(165.05), 4-21-92; Ord. No. 92-144, § 3(165.05), "!i 6-16-921 22.327. When conformance is required. element, activity or use of or on the property conformed to the applicable chapter in effect at the time that aspect, activity or use was constructed or initi- aspect, element, activity or use may and need not be brought into conform- this chapter unless a provision of this uires conformance. 90-43, § 2(165.10), 2-27-90; Ord. No~ 91- · 4(165.10), 12-3-91; Ord. No. 92-135, .5 4-21-92; Ord. No. 92-144, § 3(165.10), Effective date of the zoning regula- 22-9; district regulations. § 22-571 district regulations, § 22-946 et ~eq. Sec. 22-328. Regulations applicable to non- conforming usc. Ifa usc is nonconforming in the zone in which it is located, this chapter does not establish appli- cable dimensional or other regulations. There- fore, to determine what regulations apply, thc city will determine thc zone that allows the noncon- forming use that is most similar to the zone in which the nonconforming use is located and apply the regulations of that zone. (Ord. No. 90-43, § 2(165.15), 2-27-90; Ord. No. 91- 113, § 4(165.15), 12-3-91; Ord. No. 92-135, § 3(165.15), 4-21-92; Ord. No. 92-144, § 3(165.15), 6-16-92) Sec. 22-329. Abatement of nonconformance that was illegal when initiated. (a) Generally. Except as specified in subsection (b) of this section, any nonconformance that was illegal when initiated must immediately be brought into conformance with this article. Thc city may, using the provisions of article IV of this chapter or any other applicable law, immediately abate any nonconformance that was illegal when initiated. (b) Exceptions. If a nonconformance has ever been in complete conformance with an applicable zoning code it may continue to exist subject to the provisions of Offs article, and it is not subject to abatement under subsection (a) of this section. (Ord. No. 90-43, § 2(165.20), 2-27-90; Ord. No. 91- 113, § 4(165.20), 12-3-91; Ord. No. 92-135, § 3(165.20), 4-21-92; Ord. No. 92-144, § 3(165.20), 6-16-92) . ~x~4xScc. 22-330. Immediate compliance with cer- tain provisions required. (a) Generally. Regardless of any other provi- sion of this article, the following nonconformanccs must be immediately brought into conformance with thc applicable provisions of this chapter: (1) Nonconformance with thc noise standards in section 22-956; (21 Nonconformance with thc iigbting stan- dards in section 22-954; (3) Nonconformance with thc heat emission standards in section 22-951; 1357 ~ ..... § 22-330 I:EDF, ILAL WA'Y CITY (4) Noncon£orm~incc with the radiation stan- dards in scction 22-959; (5) Nonconformance with thc air quality stan- dards in section 22-947; (6) Nonconformance with the water quality standards in section 22-1196 et seq.; (7) Nonconformance ~vith the odor standards in section 22-958; (8) Nonconformance with tim provisions in sec- tion 22-1111 et seq.; reg~ding parMng and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in sec- tion 22-952 reaarding junk; (10) Nonconformance with the glare standards in section 22-950; (11) Nonconformance ~tt~ the proGsion in sec- tion 22-1596 regarding portable outdoor si~s; (12) Nonconformance with the pro,sion in sec- tion 22-1596 reg~ding location of si~s ex- tending over rights-of-way. (b) Abatement. The city may, using any of ~he provisions of section 22-121 et seq, or any other applicable law, to immediately abate or seek dis- continuance of any nonconformance listed in sub- section (a) of this section. (Ord. No. 90-43, ~ 2(165.25), 2-27-90; Ord. No. 91- 113, ~ 4(165.25), 12-3-91; Ord. No. 92-135, 3(165.25), 4-21-92; Ord. No. 92-144, ~ 3(165.25), 6-16-92) Cross references- Enfm'cemeu[ of thc provisions regarding nonconformance with the zoninf[ rcguh~tiom;, ~ 22-121 et seq.; maximum envh'onmental noise air qu:dity. 5 22 9,17; odm~. 5 22 9h~q v,,at~'r qu:dity. ~ 72-119(; ct seq; parkinK and stm'atp~ ~f outd~,)r cq,~ilmmnt' ~, 22-1 I 11 tending over ri~rhts-of-way. ,qcc. 22-331. (;crt:tin nonconformanccs Sl)ecif- icallyrc;fulated (;enerally. InllIICCS lll[IS[ })O corrected. If a nonconformauce 1358 must bc corrected undc'r this section, the cant must, as part of the apl)lication for velopment permit., submit all information that city reasonably needs to review the correction. addition, the city will not issue a certifica~ zoning compliance or permit occupancy until correction is made. (t0) If section 22-330 applies ~o a specific non. conformance, the provisions of this section do not at>ply to thaL same nonconformance. (Ord. No. 90-43, 5 2(1fi5.35(1)), 2-27-90; Ord. No. 91-113, ~ 4(165.35(1)), 12-3-91; Ord. No. 92-138, ~ 3(165.35(1)); 4-21-92; Ord. No. 92-144, i 3(165.35(1)), 6-16-92) Sec. 2'2-332. Same-Nonconforming use. Any nonconforming use must be brought into conformance or discontinued if: (1) The applicant is making structural alter. ations or increasing the ~oss floor area or any structure that houses or supports the nonconforming use; (2) Odmr than as specified.in subsection (1) of this section, the applicant is making changes or alterations or doing ~vork, other than normal mMntenanee, in any 12-month period to any structure that houses or sup- ports the nonconforming use and the fair marke~ value of that change, alteration or work exceeds 15 percent of the assessed or appraised value of that structure. The ap- plicant may provide an appraisal of the ira- provement which bas been damaged. The appraisal must be fi'om a source that is ao ceptable to the city. The community devel- opment director may require the applicant to provide an appraisal fi'om a source ac- ceptable to the city if the assessed valua- praisal is provided by the applicant or (3) The subject l)r(q~crty has I)e(m abandoned for 90 or i11oi'(~ coi/5(~(:tlLiv(~ (t;O's (n' L}lo llOll- (:o~Jf~n'mil~g usc }ms (:(~;mcd for ]g0 or more (:())~sccu tiv(~ (]:ty>;; (4) Tim :q>l)licanL rct~lrtces tim use wi~h a dif- ferent use. The city may allow tl~is change in use, if through process I1, the city deter- mines that the proposed new use will be 9( ~,~' ;ity o: thr, chaptc that u un, Thg: {2) The nor} im[ wh:. apt jed an bec as col qu fro pr5 ap of co (3~ T! 'd ~nt o£ that ita£ions of land sur. b jeer Prop- ~n will not )t increase'.. tverage el. erty, cotnl~ f the raid. ; Ord. No. ual. § 21.28; at/on that ,n 22-1093 to the at> I, section ,it the fol- operty. proposed w-at/on of improve-. rider sec- ithin 400 ~ the pro- ' n phase icient in- atial im- modifi- 8ures to all as ~rove the :omplies .'r, it will .s lakes, 11 or (2) It will not violate any express policy of the city. (3) It meets at least one of the following cri- teria: a. It is necessary to correct an erosion or drainage problem on an undeveloped site. b. It is necessary to create new utility or access corridors. c. Other unusual circumstances exist which make it reasonable to permit land surface modification in advance of the issuance of a development permit, subdivision or short subdivi- sion approval or shoreline substantial development permit. (Ord. No. 90-43, § 2(115.75(4}), 2-27-90; Ord. No. 90-77, § 3(115.75(4)), 12-11-90) Sec. 22-1095. Tree and plant restoration. If, during the land surface modification, any tree required to be retained or planted is damaged or destroyed, the applicant shall plant a tree of the same species at least five inches in diameter, as measured six inches about the top of the root ball if deciduous and at least 17 feet high if coniferous, in the immediate vicinity of the damaged or de- stroyed tree. The city may require the applicant to remove the damaged or destroyed tree. In ad- dition, if the land surface modification destroys ground cover or shrubbery, the applicant shall hy- droseed the bare soil and plant shrubs at least 24 inches in height in the immediate vicinity of the damaged or destroyed vegetation. (Ord. No. 90-43, § 2(115.75(5)), 2-27-90; Ord. No. 90-77, § 3(115.75(5)), 12-11-90) Secs. 22-1096-22-1110. Reserved. DMSION 8. OUTDOOR ACTIVITIES AND STORAGE* This division establishes regulations applicable to outdoor use, storage and activity. (Ord. No. 90-43, § 2(115.105(1)1, 2-27-90/ 'Cross reference-This nonconformance must be immedi- ately broug4~t into conformance with the applicable provisions of the zoning regulations, § 22-aa0. ZONING § 22-1113 Sec. 22-II12. Residential uses, Outdoor uses, storage and activities normally associated with a residential use are permitted, unless otherwise regulated or prohibited by this chapter. (Ord. No. 90-43, § 2(115.105(2)), 2-27-90) Sec. 22-1113. Commercial and industrial uses. (al Generally. Subject to the requirements of subsections (b} through (gl of this section, the uses and activities that are permitted on a site under this chapter may be conducted out of doors unless otherwise regulated or prohibited by this chapter. (b) Site plan. The applicant shall submit, for approval to the department of community devel- opment, a site plan drawn to scale showing and describing the following items: (1) Locations and dimensions of all structures and fences on the subject property. (2) Locations and dimensions of all parking and driving areas on the subject property. (3) Locations and dimensions of all existing and Proposed outdoor use, activity or storage areas on the subject property. (4) Locations and description of all existing landscaping and buffer on the subject prop- erty. (5) The nature of the outdoor use, activity or storage. (6) The intended duration of the outdoor use, activity or storage. (c) Specific use and development requirements. The city will administratively review and either approve or deny any application for outdoor use, activity and storage based on the following stan- dards: (1) All outdoor use, activity and storage areas must comply with required buffers for the primary use. (2) A minimum six-foot-high solid screening fence or other appropriate screening ap- proved by the director of community devel- 1589 P. AGE_$ ,_) traffic. The one at each d along the a that must ;ections 7-90) ! . ~ on in the ,r o f stgh~t {>proved b~' C, - be t c~c}l tt 5tr~l mgic, ZONING .~, 22-1 ]96 (Ord. (2) Natural topo[crat~lty of the ground, ltov,,- ever, the public works dj rector may requirb land surface modification to fulfill the in- tent of this divisfon as part of any develop- merit activity on the subject property. (3) Any number of tree trunks and sign or utility poles if the public work~ director de- termines that adequate visual access is available between these tree trunks or poles. No. 9043, § 2(115.180(3)), 2-27-90) Sees. 22-1161-22-1175. Reserved. DMSION 11. VEHICLES AND BOATS* Sec. 22-1176. Size and use in residential zones limited. Except as specified in section 22-1177, it is a violation of this chapter to park or store any ve- hicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length. (Ord. No. 90-43, § 2(115.145(1)), 2-27-90) Sec. 22-1177. Exceptions. (a) A vehicle of any size may be parked on any lot in tile city for not more than 48 bouts for the exclusive purpose of loading or unloading the ve- hicle. (b) The city may, usinff process Il, apl)rOve request to park or store a vehicle or boat ()[ rmv size on a lot in a reMdenti:d zone iff }mat will not be detrimental to acter of tl~e (2) Tim t)v()l)(wt,y a})uttixu,' f.}~(' ~;~ll)je(:i, will )~<,~. 1>~ im)>.ct,~:(t 10' ()~' not crc:tLc ;, t><A,mtial fire },~z;,rd; 'Crous references -Traffic (md vchid(m, d~. 15; di:;t,'ict re~laLiona, ~ 22-571 et aeq.; off:;treeC pa~ king ~cqui~ 22-1376 et geq.; vehicular acce:;:; ea:;cment improvement:; , quir~, ~ 22-1496 eL seq. EXHIb pAG (4) (Ord. Thc parking or sCorai~e 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. No. 90-43, § 2(115.145(2)), 2-27-90) Sec. 22-1178. Additional requirements. The city m%, impose screening requirements, limit the bouts of operation and impose other re- strictions to eliminate adverse intpacts of the paring or s~rage. (Ord. No. 90-43, ~ 2(115.145(2)), 2-27-90) Sec, 22-1179. Limitation on use. It is a violation of this chapter to sleep in, oi' use for any other residentiaJ purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)), 2-27-90) Sees. 22-1180-22-1195. Reserved. DIVISION 12. INATER QUALIT~I' Sec. 22-1196, Scope. This division establishes the following water quality standards based on bow tile water leaves the subject property: (~) Section 22-1197 establishes water quality standards for water that flows directly fi'om the subject property into a stream, a lako or Puget Sound. f2) Section 22-1193 establishes water quality s(andards ff~r water that is conveyed into the l>ublic st(:)rmwater system directly fYOlll tt~e subject pr()l)erty. ~Cr<)ss references~Street~, sidewalks and certain other public places, ch. 13; utilitic~h ch. 16; storm and surface wat(~ ~?~]itv. ~, 16 7G ct ~;~(~; ('nvhonmen~al i. oh'ction, ch. 12; cn vh .t>m,'nt.I [><)lic3,, ~. 1 ~ 2(3 cC se(b; mitig:~ti<m ofdevelopmcm h~ ;,:,,'t, q3 19 41 ct s('<t; ~mbdivh;ion imi>rovcments, ~ 20 176 ('t ::"!; su~f.<'c .nd stormwatcr .tanagement, ch. 21; d~aina{;c 1" .i:r.m, 5' 21-26 ct seq.; thi:; nonconfo~ llllttlcc lllust be immc di:,hqy b~oul,,ht into confl)rmancc with the applicable provi si.mi of the zoning regulations, [, 22-330; environmentally sen :;itivc areas, ~ 22-1221 et seq.; regulations regarding land surface modification improvements ot landscaping around streams or other waterways, 5 22-1306 et seq.; zoning re~la- dons regarding improvements, ~ 22-1471 et seq. EXItlBIT E FWCC Chapter 22. Article IV. lNOllCOllfOrHlallce. 22-330 hnmcdiatc compliance with certain provisions required. (a) Generally. Regardless of any other provision of this article, the following nonconformances must be immediately brought into conformance with thc applicable provisions of this chapter: (1) Nonconformance with the noise standards in FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformance with tile air quality standards in FWCC 22-947; (6) Nonconformance with the standards itl the Uniform Fire Code and FWCC 8-51 through 8- 120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director in consultation with tile appropriate fire safety officials; (7) Nonconformance with the odor standards in FWCC 22-958; (8) Nonconformance with tile provisions in FWCC 22-1111 et seq. and FWCC 22-1176 et seq:; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in FWCC 22-952 regarding junk; (10) Nonconformance with tile glare standards in FWCC 22-950; (11) Nonconformance with tile provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. Tile city may, using any of the provisions of FWCC 22-121 ct seq. or any other applicable law, immediately abate or seek discontinuance of any nonconfom~ance listed itl subsection (a) of this section. (Ord. No. 9043, § 2(165.25), 2-27-90; Ord. No. 91-113, § 4(165.25), 12- 3-91; Ord. No. 92-135, § 3(165.25), 4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) PAGE ':-_l. ©2002 Code Publishing Co. l'agc I EXHIBIT A FWCC Chnptcr 22. Article Xlll. Division 11. Vehicles and Boats 22-1176 Size and 'dsc Parking and storage in residential zones limited. Except-as specified ;" ~xx~o~ ~ ~ ~, ;, ~s a ";~'~'; .... c,~,;~, ~ .... *~"*~ park Except as exempt_ ed pursuant to FWCC 22-1178. parking or storage oF commercial vehicles prohibited on residentially zoned lots. Co,,,erci~d veDicle means, unless exempted by FWCC 22- 1178. any truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined h~ tl~e Revised Code of Washintton (RCW), the principal use of which is the transportation of commodities, vehicles, merchandise, produce, Eeight, or animals7 or bulldozers, backhoes, cranes, and shnilm' construction equ ipment. 22-1177 Vehicles anti boats permitted. (a) Vehicles, 10.000 lbs GVWR or less. with or without a mot,nted camper unit. xvhich are prilnarilv used for private transportation ptn'poses. _(b) Vehicles used for commercial ptu'poses but based Ol1 standard pick-up, light dutztrucks, or passenger vehicles that do not exceed a maximunl of 10,000 lbs GVWR. ~ Recreational/utility vehicles and boats less than 28 tbet in length, such as travel trailers, foldin~ tent trailers, motor homes, truck campers removed fi'om a truck or pick-up, horse trailers. boat trailers with or without boats, and utility trailers based on the £ollowing conditions: (!_) Vehicle does not inwude into public ri~hts-oF-wav, pedestrian pathways, or obstruct sight visibility ti'om ~acent ctrivexvax's. (Z) Vehicle is maintained in a clean. ?I2ST~!z!e ~?E~JQ!&,. in a residential zeno xxhcn not xis~bl; From lhc public right-t)lUxxaysmd riel slorc(I or parked in thc 22-1 ! 78 (7ommercinl \"chicles exelnl)lCtl (!!.) Vehicles used lkq' agricuhural l>Ul-poscs on anx hq in a Single l:amily I~,csidcnlial 432-t177 22-1179 Exceptions. ~~o'.;c of~r unloading the 0Y) ~i~ 'd~i'd~s, Thcd=re T!ae city may, using process 11I, 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 of 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. 90-43, § 2(115.145(2)), 2-27-90; Ord. No. 00-375, § 25, 10-3-00) 22 1!78 22-1180 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. 90-43, § 2(115.145(2)), 2-27-90) ,~'~ ,,,~.~ ~ 'm 22-1181 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)), 2-27-90) 22 1180 22-1182 - 22-1195 Reserved. PAGE_. 1:\20(13 ('ode Amcndmcnts\()vcrsizc VchiclcsXI,UTC\l)ivision I I New Code f ,anguagc.doc/07/2)/2003 I 1:19 AM EXHIBIT B FWCC Chapter 22. Article 1. in General. Section 22-1. l)cfinitions Cht,'ch, synagogue or o/her phwe q/'reli&,ious u,orship means an establishment, the principal purpose of which is religious worship and For which the principal building or other structure contains thc sanctuary or principal place of worship, and which establishment may include related ( 7ax.$' //tome occu/yafion moans those home businesses that qualit) as homo occupations trader this zoning chapter, except Family child care homes. C/ass II home occupation means those family child care homes that qualif~ under FWCC 22- 1069. College or unive~wiO, means a post-secondary institution For higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees OF certificates of completion in business or technical fields. ('o//ocufion means the placement and arrangement of multiple providers' antennas and eqt~ipment on a single support structure or equipnlent pad area. Commercial recreationfi~ciliO: means an indoor facility and use operated for profit, with private ll~cilities, equipment or services For recreational purposes including swimming pools, tennis comts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment ora fee. Commerc/a/uxe means thc uses allotted in the commercial zones and not permitted in any other zones oFthe city. Commercial vehicle means, unless exempted by FWCC 22-1 178, any truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washinmon (RCW), the ~ncipal usc of which is the transportation oF commodities, vehicles, merchandise, produce, Freight, or animals; OF bulldozers= backhoes, cranes, and similar construction equipment. Commercial zonex means thc BN, Be. CC-C and CC-F zoning districts. Common recrea/iomd open ,V~ce t~.swhle.~,' mc,O, acTiuiliex means any area available to of the residents of thc subject property that is appropriate tbr a variety of'active and passive recreational activities (inch<ting activities suitable tbr all age groups) and is not: ( I ) Covered by buildings or parking or driving areas. (2) ('ovcrcd by any vegetation l]lfll impedes (JlllC. till(JCl' R('W 35:~.61.060 lhrot~h ~5~.65.0~()Lllld Iht sluu'clinc max[ur treatment and may include assislcd living Ikicililics. 1:,,200 ~ ('ode \n cndmcnts'x(),,crsizc Vchiclcs'xl UI (I)cliiiiiioll5 doc/I,asl I>~intcd 07/2!)/2003 I 1:26 /\~i' ' i . : EXH ! BIT C FWCC Chapter 22. Article IV. Nonconformance. 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision of this article, the following nonconformances must be immediately brougllt into conformance with tho applicable provisions of this chapter: (1) Nonconformance with the noise standards in FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconforlnance with the air quality standards in FWCC 22-947; (6) Nonconfbrmance with tile standards in tile Uniform Fire Code and FWCC 8-51 through 8- 120, to the extent that the nonconformance poses a threat to life or safety, as determined by tile director in consultation with the appropriate fire safety officials; (7) Nonconformance with the odor standards, in FWCC 22-958; (8) Nonconformance with the provisions in FWCC 22-1111 et seq. and FWCC 22-1176 et s_e~:.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in FWCC 22-952 regarding junk; (10) Nonconformance with the glare standards in FWCC 22-950; (11) Nonconformance with the provision itl FWCC 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. Tile city may, usiug any of the provisions of FWCC 22-121 et seq. or any other applicable law, immediately abate or seek discontinuance of any nonconformance listed in subsection (a) of this section. (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord. No. 91-113, § 4(165.25), 12- 3-91; Ord. No. 92-135, § 3(165.25), 4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) (¢)2002 Code lk~blishing Co. I'agc I EXHIBIT 3 City of Federal Way · PLANNING COMMISSION Regular Meeting July 16, 2003 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: John Caulfield, l tope Elder, [)ave Osaki, Grant Newport, Bill Drake, and Dini Duclos. Commissioners absent (excused): Matra Justus Foldi. Alternate Commissioners present: Lawson th'orison, Merle Pfeifer, and Christine Nelson. Alternate Comlnissioncrs absent: Tony Moore (unexcused). Staff' present: Community Development Services Director Kathy McClung, Code Compliance Officer Martin Nordby, Consultant Janet Shull, Assistant (?it>.' Attorney Karen Jorgensen. and Administrative Assistant E. Tina Piety. Chair Caulfield called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES It was m/s/c to adopt the June 18, 2003, minutes as presented. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT None. COMMISSION BUSINESS PIIBIAC [IEARING -Oversi×ed Vehicle C(~le Amendment Mr. Nordby presented the staff report, lie stated that thc purpose of lbo amendment ix to acid a definition lbr commercial vcl~iclcs and to revise thc cocJc lobc IllOl'C spccitSc tO commercial whiclcs and more accommodating to recreational vehicles, tlc has inc,,rporated thc Planning Commission concerns made at linc Workshop. In answer to a qucstiolh he slated l[/at o1' some 66 complaint cases in thc last 13 years, eight arc still open that have to do with oversized vehicles, and all bul one col]cra'ns commercial vehicles. The mooting was opened lbr Public 'l'cstimony at 7:07 :lh,'ic ,%'ciacqua, f"erh,ral [I"av/lom~,ouvwr She has oxxncd a home here since 1976 in an area ncighb(,rho(~d. She showed lbo (?ommissiot~ piclurcs of variot~ "commercial" vehicles that have bccn parked in her neighborhood by a parlict~hw neighbor. '1 hcrc have boon diflUrcnt vehicles at eyesore. She lives on a cul-de-sac alld al lilllCx thc vehicles have caused sight-distance problems. Thoro arc a llUl/IbcF ot'childrcn in thc ncighbol'hc>od and she is concerned that thc current vehicle docs not have a back-up alal'll/lo xvaFI1 thc chilclrcn (and olhcrs) lhat it is backing up. She Planning Commission Minutes Page 2 July 16, 2003 COmlnented that xvhcn she tried to deal with this neighb,,r, her boyfriend's car was egged. 5;he has called tile police when appropriate, but this issue is a low priority for them. She feels this amendment is a step in the right direction. Lawson Bronson, Alternate Planning Commissioner- He sees two problems with this amendment. First, it does not identify any citizen who is requesting thc change and lie feels changes to the code should be sought by citizens and not be initiated by City staff. His second concern is that the City should not be making something illegal that has been legal for many years. He stated that he purposely bought in an area without covenants so that tie ~vould not be restricted. Commissioner Osaki asked wl~at recourse does someone have to store/park a commercial vehicle? There are exemptions for particular reasons (such as loading and unloading), but because staffadded "Except for commercial vehicles..." to the exceptions section, there will be no exceptions for commercial vehicles for long-term parkin~storage. Large recreational vehicles and boats may be allowed pursuant to a use process review. He noted that in the last 13 years, no one has applied for an exemption. In response to an inquiry, Mr. Nordby commented that this code amendment would have a positive i~npact upon his workload because it will eliminate most of the recreational vehicle complaints and will allow him to resolve citizen's concerns. Ms. McClung responded to Mr. Bronson's concern regarding City staff initiating code amendments. She commented that since staff uses the code on a daily basis, it is part of their responsibility to be aware of and identify any problems or issues with implementation of the code. A list is kept that is updated as problems and/or issues arise. At the beginning of the year, this list goes to the City Couucil, who prioritizes the problems/issues, and thereby develops the Planning Commission Work Program. Mr. Nordby was asked why the 10,000 GVW limit? tte replied that is tile weight of the larger persoual pick-ups. Commissioner Hope commented that she feels that most problems have to do with vehicles parked on tile street, which is a police issue, and therefore, she does not support this code amendment. Other commissioners expressed their concern that there is no provision tbr long-term parkiug/storage of commercial vehicles. It was m/s/c (four yes, one ilo, one abstain) to adopt thc proposed text amendment with the change of adding commercial vehicles to the exceptious through a Process III. PUBLICHEAI~.IN(; Changes to Neighborhood Business Use Z~)ne Charts Code Amendment Ms. Shull delivered the staff report. These code amendments are in response to a citizen's request for the [Bllowing text alllclldlllClllS: 1 ) Add churches, synagogues, and other places ot' worship to thc poi'mitred uses in tile Neighborhood Business (BN) zone. 2) Increase tile allowable density from 12 dwelling units per acre to 24 dxvclling traits per acre and remove restrictions lbr multiple family on thc gl'erred t]oor in thc BN zone. 3) Acid health clubs to the permitted uses il/ thc lin zone. 4) Add batting cages to thc permitted uses ill thc BN zone. PAGE__2. Planning Commission Minutes Page 3 July 16, 2003 After researching the requests, City staff made these recommendations: 1) Recommend that the BN Use Zone Charts be amended to add churches, synagogues, and other places of worship as a permitted use. A new use zone chart for this use was developed. 2) Recommend that FWCC Section 22-725 be amended to increase the allowable density to one unit per 2,400 square feet of lot area, or 18 units per acre. While this is less than was asked for, it would bring the allowable density to the same standard as that currently permitted in the Community Business zone. Allowing multiple family on the ground floor in the BN zone would be inconsistent with how multiple family is permitted in the other mixed-use zones in the City. 3) Recommended that health clubs up to 25,000 square feet in size be allowed in the BN zone. This use would be added to FWCC Section 22-722. 4) Recommend that "retail establishment providing entertainment, recreational, or cultural services or activities" be added to the permitted uses in FWCC Section 22-722, with a maximum square footage of 25,000 square feet. There was no public testimony. Commissioner Duclos commented that when batting cages were proposed for Celebration Park, many complaints were made about the possible noise and lights. Ms. Shull replied that this would be an indoor facility. Commissioner Newport commented that batting cages tend to draw from the entire region, not just the neighborhood. This goes beyond the intent of the BN zone. Ms. Shull replied that is why the size is restricted to 25,000 square feet, in the belief that a small facility would not have a regional draw, but a neighborhood draw. Chair Caulfield commented that the City should not allow "just anything" in the BN zone, but rather should encourage redevelopment. It was m/s/c (unanimous) to adopt staff recommendation #1 in regards to allowing churches, synagogues, and other places of worship as a permitted use. It was m/s/c (unanimous) to adopt staff recommendation #2 in regards to increasing the allowable density to one unit per 2,400 square feet of lot area, or 18 units per acre. It was m/s/c (two no, four yes) to adopt staff recommendation #3 in regards to allowing health clubs up to 25,000 square feet in size. Commissioner Osaki expressed concern that a large health club will draw from outside of the neighborhood and if open 24 hours, could be a nuisance at night. It was m/s/f(three no, three yes, a tie always fails) to adopt staff recommendation//4 in regards to allowing "retail establishment providing entertainment, recreational, or cultural services or activities." It was felt the size was not neighborhood friendly. ADDITIONAL BUSINESS None. AUDIENCE COMMENT None. ADJOURN The meetiug was adjourned at 8:37 p.m. K:XPlanning Commissionk2OO3hMeeting Summary 07-16-03 dodLast printed 7/29/2003 10:43 AM EXHIBi PAGE 0 EXHIBIT 4 CITY OF FEDERAL WAY ORDINANCE NO. 03 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XIII, DIVISION 11, VEHICLES AND BOATS (OVERSIZED VEHICLES) WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); WHEREAS, the City of Federal Way finds that a~nending FWCC Chapter 22 (Zoning) to add a new definition of com~nercial vehicles and clarify under what conditions they are allowed on lots in residential zones is in the public interest; WHEREAS, the City of Federal Way finds that these code amendments will implement and are consistent with the Federal BZay Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amend~nents on July 16, 2003, and for~varded a recommendation of approval to the City Council with one change to allow commercial vehicles on lots in residential zones based on a Process III review and approval; WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered these code amendments on August 4, 2003, following ;vhich it recommended adoption of the text amendments as recommended by the Planning Commission; and WIIEREAS, the City Council finds that the code amendments relating to adding a new definition of commercial vehicles and clarifying under what conditions they are allowed on lots in residential zones are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. Ord No. 03 - , Page I EXHID, PAGE N()W, TI II:JZ, I~FOI{I.',, TI IE CFI ¥ C()LJN(71I~ OF TI IE CITY OF [7EI)I RAI, WAY I)()}';S I II~P,I",I~,Y ORI)AIN ,,\S Section 1. Fiudilms. Alter full and careful cousideration, thc City Council of tile City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or ~velfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 aud 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the folloxving Conclusions of Laxv with respect to the decisional criteria necessary for the adoption of the proposal: and The proposed FWCC text amendments are consistent xvith, and substantially ilnplemeut, the Comprehensive Plan concept to preserve and enhance existing residential neighborhoods. The proposed amendment bears a substantial relationship to public health, safety, and welfare because allowing large commercial vehicles to park or be stored on lots in residential zones can result in blocking sight distance, thus contributing to traffic-related accidents. The proposed FWCC text ameudment is in the best interest of the resideuts of the City because allowing large commercial vehicles on residential lots is unsightly and detracts from tile neighborhood character. Section 3. Amendment. FWCC Chapter 22 is amended as set forth in tile attached Exhibit A. Sectiou 4. SeverabiliUs. Thc provisions of this ordinauce are declared separate and severable. 'l'he invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordimmcc, or thc invalidity of the applicalioI~ thereof to any person or circumstance, shall lief aft'oct the validity of thc remainder of the ordinance, or tile wdidity of its application to any other persons or circumstances. %ection 5. Ratification. Any act consistent with tile authority and prior to thc effective date of this ordinance is hereby ratificd and affirmed. ()rtl No. 03 - . l'agc 2 Section 6. Effective Date, This ordinance shall be effective five days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the __ day of ., 2003. APPROVED: ATTEST: MAYOR, JEANNE BURBIDGE CITY CLERK, N. CttRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRIC1A A. RICttARDSON FILED WITH TI tE CITY CLERK: PASSED BY TI IE CITY COUNCII,: PUI31.1SI IED: EFFF, CTIVE DATF,: ORDINANCE NO: EXHI 5 . PAGE $ 1:L2003 Codc Amcndmcnts\Oversizc Vchicles\l,UTC\072903 Adoption Ordinance.doc/07/30/2003 9:49 AM Ord No. 03 - , Page 3 EXHIBIT A FWCC Chapter 22. Article XIII. Division 11. Vehicles and Boats 22-1176 gizc and 'age Parking and storage in residential zones limited. ~p ~- store ',~-;- ~, p. ..... , ...... ;n=.~ ;,. ~xxzp,~ -~-~ ~ ~,v ;, is a vio!atio let to ~ ....or any, ....... Except as exem~ursuant to FWCC 22-1178, parking orotoraa~ of commercial vehiclos is prohibited on residentially zoned lots. Commercial vehicle means, unless exempted by FWCC 22- 1178, any truck over 10,000 lbs gross vehicle weight ratin~ (GVWR), as defined in the Revised Code of Washington (RCW), the principal use of which is the transpogation of commodities, vehicles, merchandise, produce, ffeighL or animals; or bulldozers, backhoes, cranes, and similar construction equipment. 22-1177 Vehicles and boats permitted. a(~_)ff~hicle~_s 10,000 lbs GVWR or less; with or without a mounted camper unit. which are p~bnarily used for private transportation purposes. b(b)_ Vehicles used for co~nmercial pAL~oses but based on standard pickrup, l~at duty trucks. or passenger vehicles that do not exceed a maximum of 10,000 lbs GVWR. (2) Recreational/utility vehicles and boats less than 28 feet in leno~th, such as travel trailcrs~. folding tent trailers, inotor homes, truck campers removed from a truck or pick-u_~p, horse trailers. boat trailers with or without boats, and utility trailers based on tile folloxving conditions: (2) Vehicle does not intrude into public rights-of-wa ._z~edestrian pathways, or obstruct sight visibility from adjacent driveways. ~cle is maintained i~~ a clean, operable condition. O) Vehicle parking or storage is accessory to an existing~,ermitted residential use. d(~ Recreational/utility vehicles and boats 28 Feet ill length or longer may be stored on any lot itl a residential ×one when not visible fi'om tile ~ right-oF-way and not stored or parked in the driveway_, 22-1178 Commercial Vehicles exempted Vehicles used tbr a~gricultural purposes on any lot in a Nin~lc-Familv_ P, csidcntial 35.0)3~_r ~t!burb~m l~stat~es_(Sl'~) zone. (_tD Vehiclesparkcd on any lot in a residential zone tbr not more than 48 hou,-s tk)r thc exclusive puu, osc oF loading or Uldoading. tile vehicle. wd id dcvclopmcn_tj>crmit. Vehicles parked oil any lot in a residential ×one for construction pan_ 'pos~C.~l, ursuant to a 22 1177 22-1179 Exceptions. (43) [xccFt fcr ccm:-:ncrcia] vehicles, T]:c thc The_ city may, using process II1, 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 of 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. 90-43, {} 2(115.145(2)), 2-27-90; Ord. No. 00-375, § 25, 10-3-00) 22 1!78 22-1180 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. 90-43, § 2(115.145(2)), 2-27-90) 22 1179 22-1181 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)), 2-27-90) 22 !!80 22-1182 -22-1195 Reserved. PAGE_C_:OF '1 I:L2003 Code Amendments\Oversize Vehiclcs\LUTCUZxhibits\Division 11 -- New Code Language.doc/07/29/2003 11:47 AM EXHIBIT A FWCC Chapter 22. Article 1. In General. Section 22-1. Definitions Church, synagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal buildiug or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class I home occupation means those home businesses that qualify as home occupations under this zoniug chapter, except family child care homes. Class H home occupation means those family child care homes that qualify under FWCC 22- 1069. College or unive~xity means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research hcilities and/or professional schools that grant master aud doctoral degrees. This may also include comnmnity colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreationfiwility means an indoor facili~ and use operated for profit, with private facilities, equipment or services for recreational purposes including sxvilnming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use meaus the uses alloxved in the commercial zones and not permitted in any other zones of the city. Commercial vehicle means, unless exempted by FWCC 22-1178, any truck over 10,000 lbs gross vehicle weight rating ~R), as defined in the Revised Code of Washin~on (RCW), the principal use of which is the transpotlation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, hackhges, cranes, and similar construction equipment. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. Co,nnon recreational open si)ace usable for many activities means any area available to all of the residents of the subject properly that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep ibr recreational activities. ComtmmiO: recreation area or c[td~/louxe means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, COmlnunity clubhouses and other similar uses, xx~hich area is maintained and operated by a nonprofit club or organization whose membership is limited to thc residents within a specified development or geographic area. Comprehen.¥ive plan means thc ordinances of thc city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and thc shoreline master program. Contour line means thc interconncction of points having thc same height above sea level. Convalescenl center means an inpatient thcility, excluding fimilitics defined as hospitals, lbr patients who are recovering t¥om an illness or who arc receiving care tbr chronic conditions; mental, physical, emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include assisted living thcilitics. I:L2003 Code Amendments\Oversize Vchiclcs\l.UTC\l~xhibits\l)cfinilions.doc/l~a~t printedpA~ ~''~ --()7-/29j'2~)(~' 1:48 EXHIBIT A FWCC Chapter 22. Article IV. Nonconformance. 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter: (1) Nonconformance with the noise standards in FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformance with the air quality standards in FWCC 22-947; (6) Nonconformance with the standards in the Uniform Fire Code and FWCC 8-51 through 8- 120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director in consultation with the appropriate fire safety officials; (7) Nonconformance with the odor standards in FWCC 22-958; (8) Nonconformance with the provisions in FWCC 22-1111 et seq. and FWCC 22-1176 et seq.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in FWCC 22-952 regarding junk; (10) Nonconformance with the glare standards in FWCC 22-950; (11) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. The city may, using any of the provisions of FWCC 22-121 et seq. or any other applicable law, immediately abate or seek discontinuance of any nonconformance listed in subsection (a) of this section. (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord. No. 91-113, § 4(165.25), 12- 3-91; Ord. No. 92-135, § 3(165.25), 4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) EXHIBi PAGE ©2002 Code Publishing Co. Page I i ° leral Way DATE: August 4, 2003 TO: FRO M: VIA: Marwan Salloum, Street Systems Manager~-~'- SUBJECT: Grant Funding Applications for Transportation hnprovelncnt Projects BACKGROUND: This memorandum provides the Council xvith the current funding availability tbr grants applications through the Transportation hnprovement Board (TIB). Staff has evaluated all projects listed on the City's Six Year Transportation hnprovements Plan (TIP) and concluded that the following project will likely be competitive in the 2005 TIB funding cycle, Pacific Ilighway S ItOV l'hase !II (S 284th Street to Dash l'oint Road) (Construction Phase) Project Cost Grant Fund Required Match · 2005 D'an$7~ortation Partnership Program (State) $7,169,000 $4,301,400 $2,867,600 S 356th Street (1~t Avenue to Pacific ltighway) (Construction Phase) Pro~ecl Cost Grant Fund Required Match · 2005 D'ansportation Partnership Program (State) $8,400,000 $5,040,000 $3,360,000 P, ECOMMENI)ATION: Staff recommends placing the fbllowing items on the September 2, 2003 Council consent agenda: Authorize staff to submit grant funding application for TIB 2005 Funding Program for the following transportation hnprovements projects: o Pacitic ttighway S IIOV Phase III (S 284th Street to l)ash Point Road) o S 356th Sweet (1~ Avenue to Pacific }tighway) API'ROVAL OF COMMITTEE REPORT: Eric Fa/son, Chair l)ean Mc Colgan, Member Michael Park, Member cc: Projcc! File Day File k:\lutck2003N0804 grant funding application for l~anspo~tation improvement projcctdoc CITY OF Federal Way DATE: August 4, 2003 TO: FROM: VIA: SUBJECT: Eric Faisonl Chair Land Use / Transportation Committee Marwan Salloum, Street Systems Manager David H..M~)sel nager S 320th Street Ui~ity underground Conversion Agreement with Puget Sound Energy BACKGROUND On September 16, 1997, the City Council approved an $856,300.00 expenditure for undergrounding overhead power and telephone lines on South 320th Street from I-5 to 11th Place South. The utility conversion of this corridor was split into three schedules. Gateway Center ( I-5 to 25th Avenue South) These facilities are located within PSE easements and was completed in 2000 at the budgeted cost of $151,500 (This cost includes utility trenching and 100% utility conversion cost to the City) S 320th Street Phase I (20th Avenue South to 11th Place South) These facilities are located in the public Right-of-Way and was Completed in 2001 as part of the South 320th Street at SR-99 Signal and Intersection hnprovement Project at the budgeted cost of $402,480 (cost include utility trenching and 30% utility conversion cost to the City) S 320th Street Phase I1 ( 20th Avenue South to 25tl~ Avenue South) The original estimated cost for this phase was $326,400 and was scheduled to be completed concurrent with the 23rd Avenue S Road Improvement Project. However, due to a dispute with PSE regarding the project costs and billing detail to be provided the City since 100% of the project costs were to be assigned to the City, an underground conversion agreement was never executed. As a result, the Phase II undergrounding project xvas delayed and until the Washington Utilities and Transportation Commission (WUTC) considered revisions to the Schedule 71 Tariff for underground conversions. Since the WUTC adoption of the ncw Schedule 74 Tarift; which provides guidance on billing detail among other revisions, staff'has been working with PSE to move the project forward. PSE has presented the City with a new agreement and cost estimate of $555,500 for completing thc underground conversion for the S 320tt' Phase II project. Thc new cost is approximately 70% higher than the original cost estimate of $326,400. Staff does not necessarily agree with the increase in project costs; however, in order to move the project for~vard, staff is requesting the transfer of $229,100 from the 23~d Avenue SW Road Improvement Project to fund the budget shortfall. k:\lutc~2003\0804 s320th street utility underground conversion agreement.doc August 4 24, 2003 LUTC Memo - S320th Street Utility underground Conversion Agreement with Puget Sound Energy Page 2 RECOMMENDATION Staff recommends placing the following items on the September 2, 2003 Council consent agenda for approval: 1. Authorize the City Manager to execute a Utility Underground Conversion Agreement with PSE for $555,500 and approve a ten (10%) contingency of $55,550, for a total of $611,050. 2. Authorize the transfer of $229,100 from the 23rd Avenue S Road Improvement Project to cover the project budget shortfall. APPROVAL OF COMMITTEE REPORT: Eric Faison, Chair 1)can McColgan, Member Michael Park; Member MS:ss cc: Project File Day File k:\lutc~2003\0804 s320th street utility underground conversion agreement.doc SCHEDULE 74 UNDERGROUND CONVERSION Project Construction Agreement Project Name: South 320th Phase 2 - Conversion of Electrical Distribution Project Number: 101001724 THIS Agreement, dated as of this __ day of ,2003, is made by and between the CITY OF FEDERAL WAY, a Municipal Corporation (the "Government Entity"), and PUGET SOUND ENERGY, Inc., a Washington Corporation (the "Company"). RECITALS A. The Company is a public service company engaged in the sale and distribution of electric energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its electric distribution facilities within the jurisdictional boundaries of the Government Entity. B. The Government Entity has determined that it is necessary to replace the existing overhead electric distribution system within the area specified in the Project Plan (as defined below) (the '~Conversion Area") with a comparable underground electric distribution system, all as more specifically described in the Project Plan (the "Conversion Project"). C. The Government Entity and the Company have previously entered into a Project Design Agreement dated as of February, 2000 (the "Design Agreement"), pursuant to which the parties completed certain engineering design, cost assessment, operating rights planning and other preliminary work relating to the Conversion Project and, in connection with that effort, developed the Project Plan. D. The Government Entity and the Company wish to execute this written contract in accordance with Schedule 74 of the Company's Electric Tariff G ("Schedule 74") to govern the completion of the Conversion Project, which both parties intend shall qualify as an underground conversion under the terms of Schedule 74. AGREEMENT The Government Entity and the Company therefore agree as follows: 1. Definitions. (a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same meanings when used in this Agreement, including, without limitation, the following: (b) Cost of Conversion; Public Thoroughfare; Temporary Service; Trenching and Restoration; Underground Distribution System; and Underground Service Lines. "Company-Initiated Upgrade" shall mean any feature of the Underground Distribution System which is required by the Company and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. Construction Agreement: Schedule 74 City of Federal Way: S.320th Ph.2 Conversion PSE #101001724 (c) (d) (e) (f) (g) (h) (i) (J) (k) For purposes of the foregoing, a "comparable" system shall include, unless the Parties otherwise agree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less) of such diameter and number as may be specified and agreed upon in the Project Plan necessary to replicate the load-carrying capacity (system amperage class) of the overhead system being replaced. "Estimated Reimbursable Private Conversion Costs" shall mean the Company's good faith estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. "Estimated Reimbursable Temporary Service Costs" shall mean the Company's good faith estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. "Estimated Reimbursable Upgrade Costs" shall mean the Company's good faith estimate of the Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. "Estimated Shared Company Costs" shall mean the Company's good faith estimate of the Shared Company Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. "Estimated Shared Government Costs" shall mean the Government Entity's good faith estimate of the Shared Government Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. "Government-Requested Upgrade" shall mean any feature of the Underground Distribution System which is requested by the Government Entity and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing, any empty ducts installed at the request of the Government Entity shall be a Government-Requested Upgrade. "Party" shall mean either the Company, the Government Entity, or both. "Private Property Conversion" shall mean that portion, if any, of the Conversion Project for which the existing overhead electric distribution system is located, as of the date determined in accordance with Schedule 74, (i) outside of the Public Thoroughfare, or (ii) pursuant to rights not derived from a franchise previously granted by the Government Entity or pursuant to rights not otherwise previously granted by the Government Entity. "Project Plan" shall mean the project plan developed by the Parties under the Design Agreement and attached hereto as Exhibit A, as the same may be changed and amended from time to time in accordance with Section 6, below. The Project Plan includes, among other things, (i) a detailed description of the Work that is required to be performed by each Party and any third party, (ii) the applicable requirements and specifications for the Work, (iii) a description of the Operating Rights that are required to be obtained by each Party for the Conversion Project (and the requirements and specifications with respect thereto), (iv) an itemization and summary of the Estimated Shared Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private Conversion Costs (if any), Estimated Reimbursable Temporary Service Costs (if any) and Estimated Reimbursable Upgrade Costs (if any), and (v) the Work Schedule. "Operating Rights" shall mean sufficient space and legal rights for the construction, operation, repair, and maintenance of the Underground Distribution System. Construction Agreement: Schedule 74 City of Federal Way: S.320th Ph.2 Conversion PSE #101001724 (m) (n) (o) (p) (q) (r) (s) (t) "Reimbursable Private Conversion Costs" shall mean (i) all Costs of Conversion, if any, incurred by the Company which are attributable to a Private Property Conversion, less (ii) the distribution pole replacement costs (if any) that would be avoided by the Company on account of such Private Property Conversion, as determined consistent with the applicable Company distribution facilities replacement program, plus (iii) just compensation as provided by law for the Company's interests in real prbperty on which such existing overhead distribution system was located prior to conversion; provided that the portion of the R~imbursable Private Conversion Costs attributable to the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the Estimated Reimbursable Private Conversion Costs without the prior written authorization of the Government Entity. "Reimbursable Temporary Service Costs" shall mean all costs incurred by the Company which are attributable to (i) any facilities installed as part of the, Conversion Project to provide Temporary Service, as provided for in Schedule 74, and (ii) the removal of any facilities installed to provide Temporary Service (less salvage value of removed equipment); provided that the Reimbursable Temporary Service Costs shall not exceed the Estimated Reimbursable Temporary Service Costs without the prior written authorization of the Government Entity. "Reimbursable Upgrade Costs" shall mean all Costs of Conversion incurred by the Company which are attributable to any Government-Requested Upgrade; provided that the Reimbursable Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior written authorization of the Government Entity. "Shared Company Costs" shall mean all Costs of Conversion (other than Reimbursable Upgrade Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs) incurred by the Company in connection with the Conversion Project; provided, however, that the Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior written authorization of the Government Entity. For the avoidance of doubt, the "Shared Company Costs" shall, as and to the extent specified in the Design Agreement, include the actual, reasonable costs to the Company for the "Design Work" performed by the Company under the Design Agreement. "Shared Government Costs" shall mean all Costs of Conversion incurred by the Government Entity in connection with (i) any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity as part of the Government Work, and (ii) the acquisition of any Operating Rights which the Parties have, by mutual agreement, specified in the Project Plan are to be obtained by the Government Entity for the Conversion Project, but only to the extent attributable to that portion of such Operating Rights which is necessary to accommodate the facilities of the Company; provided, however, that the Shared Government Costs shall not exceed the Estimated Shared Government Costs without the prior written authorization of the Company. "Total Shared Costs" shall mean the sum of the Shared Company Costs and the Shared Government Costs. For the avoidance of doubt, the Total Shared Costs shall not include, without limitation, (i) costs to the Government Entity for Trenching and Restoration, or (ii) costs associated with any joint use of trenches by other utilities as permitted under Section 3(b). "Work" shall mean all work to be performed in connection with the Conversion Project, as more specifically described in the Project Plan, including, without limitation, the Company Work (as defined in Section 2(a), below) and the Government Wor~k (as defined in Section 3(a), below). "Work Schedule" shall mean the schedule specified in the Project Plan which sets forth the milestones for completing the Work, as the same may be changed and amended from time to time in accordance with Section 6, below. Construction Agreement: Schedule 74 City of Federal Way: S.320th Ph.2 Conversion PSE #101001724 2. Obligations of the Company. (a) Subject to the terms and conditions of this Agreement, the Company shall do the following as specified in, and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the "Company Work"): i) furnish and install an Underground Distribution System within the Conversion Area (excluding any duct and vault installation or other Work which the Padies have specified in the Project Plan is to be performed by the Government Entity); ii) provide a Company inspector on-site at the times specified in the Work Schedule to inspect the performance of any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity; and iii) upon connection of those persons or entities to be served by the Underground Distribution System and removal of facilities of any other utilities that are connected to the poles of the overhead system, remove the existing overhead system (including associated wires and Company-owned poles) of 15,000 volts or less within the Conversion Area except for Temporary Services. (b) Upon request of the Government Entity, the Company shall provide periodic reports of the progress of the Company Work identifying (i) the Company Work completed to date, (ii) the Company Work yet to be completed, and (iii) an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Company Costs, the Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and the Work Schedule. (c) Except as otherwise provided in the Company's Electric Tariff G, the Company shall own, operate and maintain all electrical facilities installed pursuant to this Agreement including, but not limited to, the Underground Distribution System and Underground Service Lines. (d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company Work in accordance with the Project Plan, the Work Schedule and this Agreement. 3. Obligations of the Government Entity. (a) Subject to the terms and conditions of this Agreement, the Government Entity shall do the following as specified in, and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the "Government Work"): i) provide the Trenching and Restoration; ii) perform the surveying for alignment and grades for ducts and vaults; and iii)perform any duct and vault installation and other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity. (b) Other utilities may be permitted by the Government Entity to use the trenches provided by the Government Entity for the installation of their facilities so long as such facilities or the installation thereof do not interfere (as determined pursuant to the Company's electrical standards) with the Underground Distribution System or the installation or maintenance thereof. Any such use of the trenches by other utilities shall be done subject to and in accordance with the joint trench design specifications and installation drawings set forth or otherwise identified in the Project Plan, and the Government Entity shall be responsible for the coordination of the design and installation of the facilities of the other utilities to ensure compliance with such specifications and drawings. (c) Upon request of the Company, the Government Entity shall provide periodic reports of the progress of the Government Work identifying (i) the Government Work completed to date, (ii) the Government Work yet to be completed, and (iii) an estimate regarding whether the Conversion Construction Agreement: Schedule 74 City of Federal Way: S.320th Ph.2 Conversion PSE #101001724 Project is on target with respect to the Estimated Shared Government Costs and the Work Schedule. (d) (e) The Government Entity shall be responsible for coordinating all work to be performed in connection with the street improvement program within the Conversion Area. Subject to the terms and conditions of this Agreement, the Government Entity shall perform all Government Work in accordance with the Project Plan, the Work Schedule and this Agreement. 4. Work Schedule. (a) (b) The Government Entity and the Company have agreed upon the Work Schedule as set forth in the Project Plan. Changes to the Work Schedule shall be made only in accordance with Section 6, below. Promptly following the execution of this Agreement, and upon completion by the Government Entity of any necessary preliminary work, the Government Entity shall hold a pre-construction meeting involving all participants in the Conversion Project to review project design, coordination requirements, work sequencing and related pre-mobilization requirements. Following the pre- construction meeting, the Government Entity shall give the Company written notice to proceed with the Work at least ten (10) business days prior to the commencement date specified in the Work Schedule. (c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work assigned to it under this Agreement in accordance with the Work Schedule. So long as the Company performs the Company Work in accordance with the Work Schedule, the Company shall not be liable to the Government Entity (or its agents, servants, employees, contractors, subcontractors, or representatives) for any claims, actions, damages, or liability asserted or arising out of delays in the Work Schedule. 5. Location of Facilities. All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable provisions of Schedule 74, as specified by the Parties in the Project Plan. Changes. (a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the Work within the general scope of this Agreement (a "Request for Change"), including, but not limited to: (i) changes in, substitutions for, additions to or deletions of any Work; (ii) changes in the specifications, drawings and other requirements in the Project Plan, (iii) changes in the Work Schedule, and (iv) changes in the location, alignment, dimensions or design of items included in the Work. No Request for Change shall be effective and binding upon the Parties unless signed by an authorized representative of each Party. (b) If any change included in an approved Request for Change would cause a change in the cost of, or the time required for, the performance of any part of the Work, an equitable adjustment shall be made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and/or the Work Schedule to reflect such change. The Parties shall negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to agree upon the terms of the equitable adjustment, either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10, below. Construction Agreement: Schedule 74 City of Federal Way: S,320th Ph.2 Conversion PSE #101001724 (c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further equitably adjusted from time to time to reflect any change in the costs or time required to perform the Work to the extent such change is caused by: (i) any Force Majeure Event under Section 11, below, (ii) the discovery of any condition within the Conversion Area which affects the scope, cost, schedule or other aspect of the Work and was not known by or disclosed to the affected Party prior to the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding the scope, cost, schedule or other aspect of the Work which are expressly identified by the Parties in the Project Plan. Upon the request of either Party, the Parties will negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at any time thereafter, the Parties are unable to agree upon the terms of the equitable adjustment, either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10, below. (d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in accordance with any approved Request for Change. Any request to proceed hereunder must be accompanied by a written statement setting forth the requesting Party's reasons for rejecting the proposed equitable adjustment of the other Party. 7. Compensation and Payment. (a) Subject to and in accordance with the terms and conditions of this Agreement (including, without limitation, the payment procedures set forth in this Section 7), payment in connection with the Conversion Project and this Agreement shall be as follows: i) The Total Shared Costs shall be allocated to the Parties in the following percentages: (A) sixty percent (60%) to the Company, and (B) forty percent (40%) to the Government Entity. ii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable Private Conversion Costs, if any. iii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable Upgrade Costs, if any. iv) The Government Entity shall pay one hundred percent (100%) of all Reimbursable Temporary Service Costs, if any. v) The Government Entity shall pay one hundred percent (100%) of the costs it incurs to perform that portion of the Government Work specified in Section 3(a)(i) and (ii) (i.e., Trenching and Restoration and surveying). vi) The Company shall pay one hundred percent (100%) of the costs it incurs to design, provide and construct any Company-Initiated Upgrade. vii) The Company shall pay one hundred percent (100%) of the costs it incurs to obtain Operating Rights outside the Public Thoroughfare. (b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall determine the net amount payable by the Government Entity or the Company, as applicable, to the other Party under this Agreement (the "Net Amount"). The Net Amount shall be determined by using the amount of the Total Shared Costs allocated to the Government Entity under Section 7(a)(i), and adjusting such amount as follows: i) Subtracting (as a credit to the Government Entity) the amount of the Shared Government Costs. ii) Adding (as a credit to the Company) the amount of all Reimbursable Private Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary Service Costs. Construction Agreement: Schedule 74 City of Federal Way: S.320th Ph.2 Conversion PSE #101001724 iii) Subtracting (as a credit to the Government Entity) any payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement. The Net Amount, as so calculated, (A) will be an amount payable to the Company if it is a positive number, and (B) shall be an amount payable tb the Government Entity if it is a negative number. (c) Within sixty (60) business days of completion of the Conversion Project, the Government Entity shall provide the Company with an itemization of the Shared Government Costs (the "Government Itemization"), together with such documentation and information as the Company may reasonably request to verify the Government Itemization. The Government Itemization shall, at a minimum, break down the Shared Government Costs by the following categories, as applicable: (i) property and related costs incurred and/or paid by the Government Entity, including any costs of obtaining Operating Rights, and (ii) construction costs incurred and/or paid by the Government Entity, including and listing separately inspection, labor, materials and equipment, overhead and all costs charged by any agent, contractor or subcontractor of the Government Entity. (d) Within thirty (30) business days after the Company's receipt of the Government Itemization and requested documentation and information, the Company shall provide the Government Entity a written statement (the "Company Statement") showing (i) an itemization of the Shared Company Costs, (ii) the Parties' relative share of the Total Shared Costs based on the Company's itemization of the Shared Company Costs and the Government Entity's itemization of the Shared Government Costs set forth in the Government Itemization, (iii) any Reimbursable Private Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary Service Costs, (vi) any credits to the Government Entity for payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement, and (vii) the Net Amount, as determined in accordance with Section 7(b), above, together with such documentation and information as the Government Entity may reasonably request to verify the Company Statement. The itemization of the Shared Company Costs included in the Company Statement shall, at a minimum, break down the Shared Company Costs by the following categories, as applicable: (i) design and engineering costs, and (ii) construction costs, including and listing separately inspection, labor, materials and equipment, overhead and all costs charged by any agent, contractor or subcontractor of the Company. (e) Within thirty (30) business days after the Government Entity's receipt of the Company Statement and requested documentation and information, the Net Amount shall be paid by the owing Party to the other Party, as specified in the Company Statement. 8. Indemnification. (a) The Government Entity releases and shall defend, indemnify and hold the Company harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of the Government Entity in its performance under this Agreement. During the performance of such activities the Government Entity's employees or contractors shall at all times remain employees or contractors, respectively, of the Government Entity. (b) The Company releases and shall defend, indemnify and hold the Government Entity harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of the Company in its performance under this Agreement. During the performance of such activities the Company's employees or contractors shall at all times remain employees or contractors, respectively, of the Company. Construction Agreement: Schedule 74 City of Federal Way: S.320th Ph.2 Conversion PSE #101001724 (c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8, each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless provided for in this Section 8 extends to any such claim brought against the indemnified Party by or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by anyof its employees. 9. Conversion of Service to Customers within Conversion Area. (a) Upon commencement of the Work, the Government Entity shall notify all persons and entities within the Conversion Area that service lines to such customers must be converted from overhead to underground service within the applicable statutory period following written notice from the Government Entity that service from underground facilities is available in accordance with RCW 35.96.050. Upon the request of any customer, other than a single family residential customer, within the Conversion Area, the Company shall remove the overhead system and connect such persons' and entities' Underground Service Lines to the Underground Distribution System. (b) The Parties acknowledge that single family residences within the Conversion Area must (i) provide a service trench and conduit, in accordance with the Company's specifications, from the underground meter base to the point of service provided during the conversion, and (ii) pay for the secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The Government Entity shall exercise its authority to order disconnection and removal of overhead facilities with respect to owners failing to convert service lines from overhead to underground within the timelines provided in RCW 35.96.050. 10. Dispute Resolution. (a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the other Party in writing as to the nature of the dispute. Each Party shall appoint a representative who shall be responsible for representing the Party's interests. The representatives shall exercise good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10) business days of the date the disagreement was first raised by written notice shall be referred by the Parties' representatives in writing to the senior management of the Parties for resolution. In the event the senior management are unable to resolve the dispute within twenty (20) business days (or such other period as the Parties may agree upon), each Party may pursue resolution of the dispute through other legal means consistent with the terms of this Agreement. All negotiations pursuant to these procedures for the resolution of disputes shall be confidential and shall be treated as compromise and settlement negotiations for purposes of the state and federal rules of evidence. (b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable adjustment under Section 6, above, or the compensation payable by or to either Party under Section 7, above, and which is not resolved by senior management within the time permitted under Section 10(a), above, shall be resolved by arbitration in Seattle, Washington, under the Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other disputes shall be resolved by litigation in any court or governmental agency, as applicable,, having jurisdiction over the Parties and the dispute. (c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms and other common costs shall be divided equally among the Parties. Each Party shall bear the cost and expense of preparing and presenting its own case (including, but not limited to, its own attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or Construction Agreement: Schedule 74 City of Federal Way: S.320th Ph.2 Conversion PSE #101001724 her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses (including, but not limited to, reasonable attorneys' fees) by the other Party. (d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their respective obligations under this Agreement during the pendency of any dispute. 11. Uncontrollable Forces. In the event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that Party's performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers; laws, regulations, rules or orders of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third party; or any failure or delay in the performance by the other Party, or a third party who is not an employee, agent or contractor of the Party claiming a Force Majeure Event, in connection with the Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event. 12. Insurance. (a) (b) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout the duration of the Conversion Project (or, if sooner, until termination of this Agreement) comprehensive general liability insurance, with a minimum coverage of $5.~_000,000 per occurrence and $5,000,000 aggregate for personal injury; and $5,000,000 per occurrence/ aggregate for property damages, and professional liability insurance in the amount of $5,000,000. The Government Entity shall ensure that each of its contractors performing any Government Work secures and maintains in force throughout the duration of the Conversion Project (or, if sooner, until termination of this Agreement) insurance policies having the same coverage, amounts and ' limits as specified Section 12(a), above. (c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self- insure against such risks in such amounts as are consistent with good utility practice. Upon the Government Entity's request, the Company shall provide the Government Entity with reasonable written evidence that the Company is maintaining such self-insurance. 13. Other. (a) A.qreement Subject To Tariff. This Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff as approved by the Washington Utilities and Transportation Commission and in effect as of the date of this Agreement. (b) Termination. The Government Entity reserves the right to terminate the Conversion Project and this Agreement upon written notice to the Company. In the event that the Government Entity terminates the Conversion Project and this Agreement, the Government Entity shall reimburse the Company for all costs reasonably incurred by the Company in connection with the Work performed prior to the effective date of termination. In such event, the costs reimbursable to the Company (i) shall not be reduced by any Shared Government Costs or other costs incurred by the Government Entity, and (ii) shall be paid within thirty (30) days after the receipt of the Company's invoice therefor. Sections 1,5, 7, 8, 9, 10, 11 and 13 shall survive any termination of the Conversion Project and/or this Agreement. Construction Agreement: Schedule 74 City of Federal Way: S.320th Ph.2 Conversion PSE #101001724 (c) Facilities Greater Than 15,000 Volts. Nothing in this Agreement shall in any way affect the rights or obligations of the Company under any previous agreements pertaining to the existing or future facilities of greater than 15,000 Volts within the Conversion Area. (d) Compliance With Law. The Parties shall, in performing the Work under this Agreement, comply with all applicable federal, state, and local laws, ordinances, and regulations. (e) No Discrimination. The Company, with regard to the Work performed by the Company under this Agreement, shall comply with all applicable laws relating to discrimination on the basis race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. (f) Independent Contractor. The Company and the Government Entity agree that the Company is an independent contractor with respect to the Work and this Agreement. The Company is acting to preserve and protect its facilities and is not acting for the Government Entity in performing the Work. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties. Neither the Company nor any employee of the Company shall be entitled to any benefits accorded employees of the Government Entity by virtue of lhe Work or this Agreement. The Government Entity shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Company, or any employee of the Company. (g) Nonwaiver of Riqhts or Remedies. No failure or delay of either Party to insist upon or enforce stdct performance by the other Party of any provision of this Agreement or to exercise any other right under this Agreement, and no course of dealing or performance with respect thereto, shall, except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or relinquishment of any right under any provision of this Agreement or any right at law or equity not otherwise provided for herein. The express waiver by either Party of any right or remedy under this Agreement or at law or equity in a particular instance or circumstance shall not constitute a waiver thereof in any other instance or circumstance. (h) No Third Party Beneficiaries. There are no third-party beneficiaries of this Agreement. Nothing contained in this Agreement is intended to confer any right or interest on anyone other than the Parties, their respective successors, assigns and legal representatives. (i) Governmental Authority. This Agreement is subject to the rules, regulations, orders and other requirements, now or hereafter in effect, of all governmental regulatory authorities and courts having jurisdiction over this Agreement, the Parties or either of them. All laws, ordinances, rules, regulations, orders and other requirements, now or hereafter in effect, of governmental regulatory authorities and courts that are required to be incorporated into agreements of this character are by this reference incorporated in this Agreement. (J) No Partnership. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the Parties or to impose any partnership obligations or liability upon either Party. Further, neither Party shall have any right, power or authority to enter into any agreement or undertaking for or on behalf of, to act as or be an agent or representative of, or to otherwise bind the other Party. (k) Severability: In the event that any provision of this Agreement or the application of any such provision shall be held invalid as to either Party or any circumstance by any court having jurisdiction, such provision shall remain in force and effect to the maximum extent provided by law, and all other provisions of this Agreement and their application shall not be affected thereby Construction Agreement: Schedule 74 City of Federal Way: S.320th Ph.2 Conversion PSE #101001724 (~) but shall remain in force and effect unless a court or arbitrator holds they are not severable from the invalid provisions. Notice. Any notice under this Agreement shall be in writing and shall be faxed (with a copy followed by mail or hand delivery), delivered in person, or mailed, properly addressed and stamped with the required postage, to the intended recipient as follows: If to the Government Entity: City of Federal Way Att n: Fax: If to the Company: Puget Sound Energy, Inc. 6905 South 228th Street, SKC-SVC Kent, WA 98032 Attn: Mary Ausburn, AICP Fax: (253) 395-6990 Any Party may change its address specified in this Section 13(I) by giving the other Party notice of such change in accordance with this Section 13(I). (m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the laws of the State of Washington (without reference to rules governing conflict of laws), except to the extent such laws may be preempted by the laws of the United States of America. (n) _Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and all other agreements and understandings of the Parties, whether written or oral, with respect to the subject matter of this Agreement are hereby superseded in their entireties; provided, however, that except as expressly set forth in this Agreement, nothing herein is intended to or shall alter, amend or supersede the Design Agreement and the same shall remain in full force and effect in accordance with its terms. (o) Successors and Assiqns. This Agreement shall be binding upon and inure to the benefit of the respective successors, .assigns, purchasers, and transferees of the Parties, including but not limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or transferred in any corporate reorganization, change of organization, or purchase or transfer of assets by or to another corporation, partnership, association, or other business organization or division thereof. Government Entity: Company: CITY OF FEDERAL WAY PUGET SOUND ENERGY, INC. BY BY ITS ITS Date Signed Date Signed Approved as to form: Construction Agreement: Schedule 74 City of Federal Way: S.320th Ph.2 Conversion PSE #101001724 Exhibit A: Project Plan Schedule ~74 Underground Conversion PUGET SOUND ENERGY C.__ity of Federal Wa~T: South 320th Street Phase II This Project Plan describes work to be performed by Puget Sound Energy (PSE) and tile City of Federal Way (thc City) for the conversion of certain PSE electrical distribution system facilities as described herein (the Conversion Project). In addition to this document, this Project Plan includes and consists of: · All relevant drawings and specifications for the Conversion Project work · Thc Project Cost Estimate document(s) Re¥isions to this P~'o[ect Plan must be n~ntuallv approved bv the City and PSE. Cott versio~t Project Scol~e Pursuant to PSE's Rate Schedule 74, PSE and the City have agreed that PSE will convert its existing overhead distribution system of 15,000 volts to an Underground Distribution Systcnq within the following Conversion Area: within and along South 320th Street from 20th Avenue South to 25th Avenue South and extending southward from South 320th Street along 23rd Avenue Souttl for a distance of approximately 410 feet. Thc project includes modification of existing serx4cc lines to connect to thc Underground Distribution System and removal of the existing overhead facilities. q'hc project scope is described below in three parts based oi1 work scope, operating rights and project cost allocations. Part A. Thc existing overhead facilities along South 320th Street between 20th Avenue South and 25th Avenue South arc located within PSE easenlents ad.jacont to tile north side of South 320th Street. The Underground Distribution Systena will bc installed within the existing oascnlents, q'his portion of the project extends a distance ofapt)roxinlatoly 1,510 foot. Part 1~3. q'ho facilities to be converted along South 23rtt Avenue are located within City rigt~t-of way. Those fktcilitics cross South 320m Street and cxtc~l(t southward tk)r a distance of ~q)proxinazttcly 410/~ct. l~xisting co~duits 13rcviously t, rovicted t~y PSI~ and installed by thc City will be utilized tk)r this portion of work. Part (¢. /Xt thc cast-e~d of tho Conversion Area, a single phase l:~leral line cro.~;sos South 320tt~ Street west of 25th Avenue South to serve thc C;dvary l,uthcra~ (:hutch. City of l:cdcral Way South 320m Street Phase 1I Underground Conversion t/101001724 July 21, 2003 The new underground facilities replacing this aerial crossing will round the northeast corner of the church prope~Xy for a distance of approximately 170 feet, then cross 25th Avellue South to an existing .junction box. There are no Company Initiated Upgrades, Government Requested Upgrades or Temporary Service elements included in the above-descfibed Project Scope. Operating Rights All or portions of the existing facilities involved in the work for Parts A & C are located within private operating fights (easements) held by PSE and the replacement underground facilities will be located within these same operating fights. Any and all operating fights acquired for this project as of the date of the Conversion Project Construction Agreement (the Construction Agreement), shall be retained by the acquiring party and used for this project. Any additional operating fights required for this project acquired subsequent to the date of the Construction Agreement shall be acquired pursuant to Schedule 74. Ci O~ .Responsibilities Notice to Customers: The City will provide appropriate written notice to customers within the Conversion Area prior to the start of Conversion Project construction work, including City and PSE contact information, Conversion Project Schedule and any anticipated impact to, or work required by such customers. Operating Rights: The City will acquire and provide required operating rights for the Conversion Project as described herein. Schedule: The City will provide a written notice to proceed no later than August 1, 2003. Permits: The City will provide all necessary permits. PSE Responsibilities Trenching & Restoration: PSE or its contractor will provide these services for this Conversion Project. PSE or it's contractor will also coordinate and facilitate joint trench use by other utilities within the Conversion Area. No trenching exclusive to other utilities is included in the plan or cost. Installation of Ducts & Vaults: PSE or its contractor will perform this work.. Installation and Removal of Electrical Facilities: PSE or its contractor will install all electrical facilities for thc Underground Distribution System and will remove the existing overhead facilities after the Underground Distribution System is placed in service and all cnstomer service lines arc connected thereto. Modification and Adjustment of Customer Service Lines: There arc no overhead customer service lines within the Conversion Area. City of Federal Way South 320~h Street Phase II Underground Conversion #101001724 July 21, 2003 Constructio, Schedule PSE or its contractor will begin construction within 30 days of execution of thc Conversion Agreement and Notice to Proceed provided by the city of Federai Way. Pemaanent hard surface repairs will be completed after 100% of the excavation is completed. Project Cost .Estimate & A llocatio. The actual costs incurred by PSE to pcrtbrm the Design Work together with PSE's good faith estimate of thc Costs to Construct thc Conversion Project are provided in thc Project Construction Surnlnary Estimate (Attachment B). Costs for work related to Parts A, B & C will be allocated pursuant to Schedule 74 and the Construction Agreement. · Costs related to work for Part A are Reimbursable Private Conversion Costs and will be allocated 100% to the City pursuant to Section 7 (a) (ii) of the Construction Agreement. · Costs related to work for Parts B & C will be allocated 60% to PSE and 40% to the City pursuant to Section 7 (a) (i) of the Construction Agreement · Costs related to the perfm-mance by PSE of Trenching & Restoration will be allocated 100% to the City pursuant to Section 7 (a) (v) of the Construction Agreement. PSE's good faith estimate of these costs will not limit PSE's reimbursement for its reasonable actual costs to perform this work. Assumptions Thc Construction Project Design Work (construction plans and specifications), Construction Schedule and Construction Summary Estimate are based on the following assumptions. Construction conditions that are not consistent with these assumptions may result in a request for change to tile Construction Schedule and/or Construction Estimate pursuant to Section 6 of the Construction Agreement. Contaminated Soils There is soil contamination known to exist within the Conversion Area in tiao vicinity of the Arco property. Based oil available information, Conversion Project work is not expected to encounter or disturb any contaminated soils, ltowcver, should contaminated soils be encountered during Conversion Project work, thc Construction Schedule and/or Construction l(stimatc will be revised as necessary to accommodate such circumstance. Schedule 2 PSI(, or its contractor, wilt be provided coi~tinuous access to tho construction silo aild associalcd electrical work during thc core business h<mrs fi'om O:00 AM to 6:00 PM Monday through Friday. 3 Once construction crows arc mobilized, thc conversion will be constructed in eno contint~ous nonstop ct't~)rt, end to end, until thc project is completed. 4 Cutover and transt~rs of existing customers will bo scheduled during normal business hours. City of Federal Way South 320~' Street Phase II Underground Conversion 1/101001724 July 21, 2003 5 Customer required work to adjust/rclocate customer owned service lines and work necessary by other utilities will be completed so as not to interfere w/th or delay the performance of PSE's work. 6 PSE will be responsible for relocating the AMR unit located on thc existing pole in front of the Black Angus Restaurant. PSE Design Plans 7 The City has not provided plans specifically for this conversion project. 8 For reference only, the City has provided PSE with approved plans for the 23~d Avenue South Street Improvement Project dated March 19, 2001. The City has complctcd construction on that project and these plans accurately reflect the as-built field conditions. 9 For reference only, the City has provided PSE with approved plans for the Seatac Mall Storm Improvement Project, dated May 16, 2000. The City has completed construction on that project and these plans accurately reflect the as-built field conditions. 10 The City has provided PSE's consulting engineer, Arnold Tomac of Western Energy and Communications, Inc., with accurate as-built information on City installed conduit system during the City's 23~d Avenue South hnprovements. 11 For work within the existing PSE easements along the north side of South 320t~ Street, "No Parking" will be posted as necessary while line crews perform conduit, vault, cable, and equipment installations as well as removal activity. 12 The Conversion Project Design Work reflects operating fights and property rights determinations based on a Boundary/Easement Survey performed in May of 2000 by Applied Professional Services Inc, under hire by PSE. No additional review of operating or property fights has be performed by PSE nor provided by the City. 13 Vaults, handholes and pad-mounted equipment has been located consistent with PSE Desigm Standard 6775.0035. See construction plan page 10, General Underground Notes, for additional standards references and specifications. 14 City of Federal Way right-of-way permits are the only permits necessary to complete the project and will be issued within two (2) weeks of application. 15 Existing conduits installed by the City for use by PSE can be located, are intact and available, and are installed to PSE standards suitable for pulling power conductors. 16 Locations for new facilities as shown on the construction plans are available for use. 17 Work requiring a scheduled disruption of electric service to non-residential customers will be done within business hours at straight time rate of pay. Outages shall be scheduled with a minimun~ of two (2) business days notice. 18 Work does not include installation and removal of"temporary" facilities at the request of others during construction. 19 Thc cost estimate is based on thc installation of facilities at locations shown on the plans. City of Federal Way South 320~l' Street Phase II Underground Conversion #101001724 July 21, 2003 Additional Conxiderationx Service l)isruptions, Service Cut-overs and Transfers Some PSE customers within the Conversion Area will experience temporary disruption of electric service during Conversion Project work. PSE's Schedules 74 and 85 provide for customer responsibility (performance and cost) for modification and/or adjustment of customer owned underground service lines. Cost Assumptions: PSE or its contractor will provide supervision, labor, equipment, and materials necessary for the civil work in conjunction with the duct and vault installation along S. 320th Street from 25th Ave. S. going west for approx. 1,500 feet, per PSE plans and specifications. Includes: 1. All excavation and or boring of primary trench. 2. Disposal of native fill where native is not acceptable for backfilling. 3. Compaction of trench and vault pits. 4. All hard surface restoration, with either asphalt or concrete, including re-striping. 5. Soft surface restoration to existing conditions. 6. We will spend up to one day on each side of 320th St., locating and proofing existing PVC crossings. This is for the existing crossing of 320th St. We believe the existing crossing at 25th Ave S. is unusable due to changes in grade. 7. Normal traffic control with signs and 2 flaggers if required. 8. Up to twenty yards of CDF if required. Exclusions: 1. All permits or permit fees. 2. Environmental control and disposal of hazardous soils if encountered. 3. Any non-core (6 pm-6 am) work hours if required. 4. Re-crossing of S. 320ti' if existing conduits are unusable. 5. Significant traffic control using off-duty police. A cceptan ce of Project lqan The City and I'$F~ mutually agree to and accept this Project Plan as of the date indicated below: For the City: For PSIS: By: ...................... By: ..... Date: I)ate: City of Federal Way South 320~h Street l'hasc II Underground Conversion #101001724 July 21, 2003 PRE-DISASTER MITIGATION PROGRAM COMPETITVE (PDMc) PLANNING GRANT LETTER OF INTENT Washington State Military Department Emergency Management Div/sion Camp Murray, WA 98430 The purpose of this form is to establish your jurisdiction's interest in applying for a planning grant through the Pre-Disaster Mitigation (PDM) Grant Program. Applicant Type: [--]State Government [~Local Government ~]Indian Tribe ~]Special Purpose District [-]Private Non-Profit Organization [~]Other Name/Address of Jurisdiction: City of Federal Way PO Box 9718 Federal Way, WA 98063-9718 Cost of Plan (estimated): $50,000 Contact Person: KenMiller, PE Phone Number: (253) 661-4136 Email: ken.miller~t),ci _tyo ffederalwa¥.com County of Jurisdiction: King Source of Local Match General Fund & In Kind (25% Min.): 1. What are the Hazards that affect your jurisdiction? The City of Federal Way is vulnerable to many disasters - both natural and man-made. Most notably, Federal Way is susceptible to earthquakes, experiencing hundreds of small-scale events every year. However, according to experts, the region is long overdue for an earthquake of 7.2 magnitude or greater. The area also periodically experiences severe winter storms, affecting transportation and utilities that serve thousands of people. The city is vulnerable to man-made hazards from the air, ground, and water. These include potential threats from Seattle-Tacoma International Airport whose flight path is directly overhead, and McChord Air Force Base, which is in close proximity to our city. The Olympic Pipeline, which transports diesel, gasoline, and jet fuel, runs north/south through the City. Several years ago a leak in the line caused three deaths and major damage north of our City. Interstate 5, a five plus lane freeway, bisects the community and is utilized for the transportation of hazardous materials and carries large volumes of traffic. Another large transportation hub for hazardous waste is the Port of Tacoma. The Port is within one mile of the community and processes numerous types of hazardous waste in a highly industrialized area. 2. What are your Risks and Impacts of these hazards upon your jurisdiction? The risks and impacts of these hazards are widespread damage to public and private infrastructure, loss of life, and economic impacts to the community and government. PDM- Planning Letter of Intent March 2003 3. Are these hazards identified in your current local plan? The existing Greater Federal Way Emergency Plan does identify these hazards, but requires additional analysis and documentation. There are multiple private and public agencies involved in developing a comprehensive disaster plan for the greater Federal Way area. 4. How will the plan help resolve the impacts of the hazards upon your jurisdiction? It is proposed that the City finalize its pre-disaster planning for the hazards affecting our area. Furthermore, integrating the plans of all other agencies within the greater Federal Way area will provide a better-coordinated response to disasters by all agencies involved. 5. Is your jurisdiction participating and in good standing in the National Flood Insurance Program (NFIP)? []Yes [qNo If the answer is No, your application can not be considered. THIS FORM MUST BE RECEIVED NO LATER THAN 5:00 PM July 14, 2003 Return Address: State Hazard Mitigation Office Washington State Military Department Emergency Management Division MS: TA-20, Building 20 Camp Murray, WA 98430-5122 Email: ln.best~elnd.wa.gov FAX (253) 512-7205 This is NOT an application. You will be contacted and sent an application at a later date in the near future. If you have any questions, contact the State Hazard Mitigation Office at (253) 512-7073 PDM- Planning Letter of Intent March 2003 CITY OF ~ Federal Way DATE: TO: FROM: VIA: SUBJECT: August 4, 2003 Eric Faison, Chair Land Use and Transportation Committee Rick Perez, 'City Traffic Engineer ~ David H._M~~ager Speed Limit and Parking Code Revisions BACKGROUND Speed Limit Ordinance As part of a traffic calming plan that was developed as mitigation for Todd Beamer High School, a desire to reduce the speed limit on 16th Avenue S and S 3 64th Way was identified in the vicinity of the high school. In addition, upon review of existing code language, staff discovered that 1st Avenue S between S 296th Place and the north city limit was not posted with a speed limit consistent with the code. The City Council has authority to determine all ~peed 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. Parking Restrictions Staff also discovered that parking restrictions had not been administered consistent with code. Many locations have been administratively posted as "no parking" zones without Council authorization, and Council has not delegated that authority to staff. ANALYSIS Speed Limit Ordinance The federal Manual on Uniform Traffic Control Devices, adopted by the city in FWCC Section 22-1476, lists the following criteria for determining appropriate speed limits: 1. Road surface characteristics, shoulder condition, grade, alignment, and sight distance; 2. The 85t~, percentile speed and pace speed; 3. Roadside development and culture, and roadside friction; 4. Safe speed for curves or hazardous locations within the zone; 5. Parking practices and pedestrian activity; 6. Reported accident experience for a recent 12-month period. Another criterion that staff would consider is consistency with speed limits on similar streets. k:\lutcX2003\0804 speed limit and parking code revisions.doc 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 85th 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 85th percentile speed of a spot-speed distribution is afirst approximation of the speed zone that might be imposed, subject to consideration of other factors, as listed above [citing MUTCD criteria]. In considering speed limit revisions, it may also be useful to consider the experience of the previous change in speed limits, adopted in Ordinance 00-364. Staff conducted follow-up studies approximately one year after the implementation of the new speed limits on S 304th Street between SR-99 and Military Road S, 23~d Avenue S between S 312th Street and S 317th Street, SW 342nd Street between 35th Avenue SW and Hoyt Road SW, and SW 356th Street between 1st Avenue S and 20th Avenue SW. Data are shown in the tables below: S 304th Street: SR-99 - Military Rd S Speed Limit ' 35 30 85th percentile speed 42 42 10 mph pace speed 35-44 35-44 % in pace 73% 71% Collision Rate per million vehicle miles 18.00 (1994-1996) 35.50 (2001-2002) Collisions per year 15.00 29.50 23ra Avenue S: S 312th Street - S 317th Street -~peed Limit 30 25 8~th percentile speed 34 35 10 mph pace speed 23-32 27-36 % in pace 58% 72% Collision Rate 10.74 13.10 Collisions per yem_ ' 6.67 7.5 k:\lutcX2003\0804 speed limit and parking code revisions.doc SW 342"d Street: 35th Avenue SW - Hoyt Rd SW l~aFa,ne~r~:,:.; '~.' i; ~::. '"" .'"',':",' ~!!~':::i ['BTi;~-e ~.':" :,'r ,.,,,, .......... ..... j ~fter :~., ,~.~ .e .......... , Speed Limit 35 25 85th percentile speed 37 42 10 mph pace speed 27-36 27-36 % in pace 66% 62% Collision Rate 1.44 0.90 Collisions per year 1.67 0.50 SW 356th Street: 1st Avenue S - 20th Avenue SW Speed Limit 35 40 85th percentile speed 43 43 10 mph pace speed 3544 3544 % in pace 80% 84% Collision Raie 2.88 1.24 Collisions per year 16.33 7.00 In general, this analysis finds that the results of changing speed limits are consistent with traffic engineering experience and contrary to normal public expectations. Speeds did not change significantly whether the speed limit was raised or lowered, and in fact, safety was increased significantly only when the speed limit was raised closer to the 85tt' percentile speed. It should be noted that the collision experience after the speed limit was lowered on SW 342nd Street is also influenced by the installation of two speed humps in 2001. Analysis of the proposed changes follows. 16th Avenue S and S 364m Way between S 356th Street and 12th Avenue S Both these streets a two-lane principal collector with a posted speed limit of 35 mph. The cross-section varies from curb, gutter, and sidewalk on one side and ditch and shoulder section on the other side to ditch sections on both sides. The horizontal alignment is straight, except for the curve at 16th Avenue S and S 364th Way, which was reconstructed to current standards for 30 mph design speed as part of the frontage improvements for the high school. The vertical alignment restricts sight distance at the intersection of S 359th Street and just north of S 364th Way, which are adjacent to roundabouts installed as mitigation for the high school. A speed table was also installed midway between the roundabouts as part of the traffic calming plan. Comprehensive plan designations are for medium-density single-family residential south of S 359th Street, multi-family to the east north of S 359th Street, and Business Park to the west. The 85th percentile speed is 30 mph. The 10 mph pace is 23 to 32 mph with 70% within this range. There is little parking activity in the roadway shoulders. Although there is limited pedestrian activity, it is assumed that this will increase with the opening of the high school. In 1997 through 2002, the corridor collision rate is 12.17 collisions per million vehicle miles, compared to a citywide average for principal collectors of 11.53. A high collision intersection is located at S 359th Street with a collision rate of 1.05, which appears to be related to a sight distance restriction and should improve with the installation of the roundabout. Given the expected increase in pedestrian traffic, and that the existing speeds are consistent with a lower speed limit, staff recommends reducing the speed limit from 35 to 30. k:\lutc~003\0804 speed limit and parking code revisions.doc 1st Avenue S between S 296th Place and the north city limits 1st Avenue S is a two-lane principal collector with a posted speed of 25 mph, even though existing code identifies the speed limit as 30 mph. Shoulders are surfaced with a combination of gravel and asphalt concrete, with a steep grade and a horizontal curves with a design speed of 35 mph. The 85th percentile speed is 32 mph and the 10 mph pace speed is 23 to 32 with 77% of dr. ivers in this range. The roadside is lightly developed with single-family residential. Several driveways veer off the street at acute angles due to the steep topography, creating sight distance problems at these driveways. There is no on street parking, and pedestrian use is light, and there are no designated safe walking routes to schools, but there are bus loading zones on 1 st Avenue S. The corridor collision rate is 1.83 collisions per million vehicle miles, compared to a citywide average of 11.53 for principal collectors. There are no high collision rate intersections on this segment of 1 st Avenue S. Staff discovered that the posted speed limit on this segment of 1st Avenue S is 25, but the existing code language specifies a 30 mph speed limit. Due to the sight distance restrictions at driveways and low existing collision rate, staff recommends that the existing speed limit signing be codified to 25 mph. Parking Restrictions Staff has found that the existing language specifying each parking restriction in the City has not been kept current, and staff has administratively signed additional no parking zones without Council process. Note that the code language has not been amended since its initial adoption in 1990. Given the number and detailed, site-specific nature of parking restriction requests, staff recommends that the authority to designate parking restrictions be delegated to the Public Works Director. RECOMMENDATION Attached are the draft code revisions that would implement staff recommendations. Staff recommends that: 1. Section 15-59 be amended to: a. Reduce the speed limit on 16th Avenue S between S 356th Street and S 364th Way and on S 364th Way between 12th Avenue S and 16th Avenue S be reduced from 35 mph to 30 mph; b. Reduce the speed limit on 1 st Avenue S between SW 292nd Street and S 296th Place from 30 mph to 25 mph. 2. Sections 15-96 and 15-97 be replaced with language that delegates the authority to determine parking restrictions to the Public Works Director. Committee M.embe ::!~ii!:i:.. "".: i' APPROVAl., OF COMi~IITTEE'REPORT: Committee Chair Committee Member RP/ss cc: Project File Day File k:\lutcX2003\0804 speed limit and parking code revisions.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE CHAPTER 15, SECTIONS 15-59, 15-96, AND 15-97 RELATED TO SPEED LIMIT SCHEDULE AND PARKING LIMITATIONS AND RESTRICTIONS WITHIN THE CITY OF FEDERAL WAY (AMENDING ORDINANCE NOS. 00-364, 90-47, 90-42) WHEREAS, the City Council for the City of Federal Way has determined that there should be regulation of the speed of vehicles using the City streets, roads and highways; and WHEREAS, the City Council for the City of Federal Way has determined that there should be regulation of parking of vehicles on City streets, roads and highways; and WHEREAS, the construction of the Todd Beamer High School has changed traffic conditions and increased traffic volume; and WHEREAS, discrepancies between speed limits and parking restrictions posted and codified have been identified; and 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, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Speed Limits. The Federal Way City Code, Chapter 15, Article III, Section 15-59 Schedule is hereby amended as follows: ORD # , PAGE 1 15-59 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 article. (1) 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. 11 th Place South, between South 320th Street and South 324th 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 g~,tl~ 324th Street, between 1 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. (2) Speed limit 35 mph. No person shall operate a motor vehicle upon the following described roads in excess of 35 miles per hour: 1 st Avenue South, between South 296th Street and South 356th Street. 12th Avenue South, between South 372nd Way and South 364th Way. ORD # , PAGE 2 16th Avenue South, between South Dash Point Road and Pacific Highway South, and between Pacific Highway South and 348th Street~.and r,~., ...... c,.,,,r, -~ ~r.,~, c,~,~ ~,~ c~,,~. ~. r.,4 ~ Way. 10th Avenue Southwest, between Southwest Campus Drive and 6th Avenue Southwest. 21 st 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. South 317th Street, between 28th Avenue South and 23rd Avenue South. South and Southwest 320th Street, between 1,000 feet west of 1st Avenue South and F.A.I. #5 and between 21 st Avenue Southwest and 47th Avenue Southwest. South 336th Street, between 1st 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 1500 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 1 st Avenue South and 16th Avenue South. ORD # , PAGE 3 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 369th 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 1 st Avenue South and between F.A.I. #5 and 1,000 feet east of Weyerhaeuser Way South. Southwest 356th Street, between 1 st 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). (Ord. No. 90-29, {} 4, 2-13-90; Ord. No. 93-177, {} 1,6-1-93; Ord. No. 96-259, {} 1, 1- 2-96; Ord. No. 00-364, {} 1, 2-15-00) ORD # , PAGE 4 Section 2. Parking Limitations. The Federal Way City Code, Chapter 15, Article IV, Division 2, Section 15-96, is hereby amended as follows: 15-96 Prohibited at all timesAuthorit3; to Impose Limitations. Thc public works director has thc attthodW, with respect to public highways, streets, roads and thoroughhres under the city's jurisdiction, to prohibit or limit the times that on-street parking is to be lega!.!y permitted. (Ord. No. 90-42, ~ 1, 2-27-90; Ord. No. 90-47, ~ 1, 3-20-90) ORD # , PAGE 5 Section 3. Parking Signs. The Federal Way City Code, Chapter 15, Article IV, Division 2, Section 15-97, Signs, is hereby amended as follows: SW~,.,,.~n~+~ ~,c+ .... ~,+ to a t ......................... ~ ................................. n .... each day; ~/~n+~ ~+.~+ ~.~+~ o;~o ~+ ...... ~+~ ~ .......SW ....~ ~n+~ ~ ........ SW When the public works director determines parking restrictions are necessa~, pursuant to FWCC 15-96, he or she shall erect, or cause to be erected and maintained, signs desiDmting the parking restrictions. No such limitations shall be effective unless signs are in place. In no other case shall enforcement and effectiveness of this division, be conditioned on si.D~age. (Ord. No. 90-42, ~ 2, 2-27-90) Section 4. Severability. The provisions of this ordinance are declared separate and severable. The inValidity of any clause, sentence, para~aph, subdivision, section, or potion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Ratification. ~y act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affixed. ORD # , PAGE 6 Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. cITY OF FEDERAL WAY MAYOR, JEANNE BURBDGE ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\Ordin\Chapter 15 072403 ORD # ., PAGE 7 CITY OF Federal Way DATE: TO: FROM: VIA: SUBJECT: August4,2003 Eric Faison, Chair Land Use and Transportation Committee Paul A. Bucich, SWM Managef~ David H. _M~~y~anager 51st Avenue SW Storm Mainline Replacement (Crestview Shoreclub) - 30% Design Approval & Authorization to Proceed to 100% Design. BACKGROUND The storm system serving a potion of 51st Avenue SW, whose outfall terminates at Puget Sound, has a section of corrugated metal pipe (CMP) that failed. This system was previously unknown to SWM until a watermain break along SR-509 that occurred in the summer of 2002. The excess water flowing into the storm system on 51st Avenue SW from the watermain break either caused, or made worse, a break in the portion of the storm line that ti;averseS the steep slope from the end of 51st Avenue SW down to the discharge point at Puget Sound. The section that broke is located within a drainage easement dedicated to King County in 1974. The pipe separated and allowed water to spill out onto the steep slope, eroding away the soil around the pipe. Local residents noticed the erosion and exposed broken pipe and contacted SWM maintenance staff. Crews were dispatched and the pipe was temporarily patched. However, it remains exposed on the steep slope and a recent Closed Circuit TV inspection of the pipe shows significant separation of the remaining joints and deformation of the pipe near the outfall. SWM staff has contracted with one of our Small Works A&E firms to design the replacement of this failed pipe. The preferred design is to slip-line the existing pipe with a smaller diameter high-density polyethylene (HDPE) pipe. The HDPE pipe is a continuous length of pipe that has no joints. The pipe will be pulled through the existing pipe and secured at the manhole at the top of the steep slope. This project is either in or near regulated slopes and sensitive areas..The City of Federal Way's Stormwater System Operations & Maintenance Manual provides exempt status for most maintenance related work, though it does recommend consulting with Community Development (CD) for further guidance when projects occur in sensitive areas and regulated slopes. CD has reviewed the preliminary plans and the maintenance project as proposed does not require any further review or approval from CD. The 30% Design Plans & Specs will be presented to the Committee at the August 4th meeting. 07/29/2003 LUTC memo - 51st Avenue SW Storm Mainline Replacement Project Page 2 PROJECT FUNDING: The project is funded as follows: PROJECT EXPENDITURES Design Engineers Construction Estimate 20% Construction Contingency Construction Management TOTAL PROJECT COSTS (Preferred Alternative 2) $24,500.00 $45,OOO.OO $ 9,000.00 in-house $78,500.00 FUNDING AVAILABLE The project will be funded by the 2003/2004 SWM small works CIP budget. Staff anticipates bidding the project in October 2003 and awarding in November 2003. Construction will commence in December 2003 with an estimated substantial completion date of December 31, 2003. Recommendation: Staff requests that the Committee place the following September 2, 2003 City Council Consent Agenda: 1. 2. project recommendations on the Approve 30% design for the 51st Avenue SW Storm Mainline Replacement Project; Authorize staff to proceed to 100% design. APPROVAL'OF COMMITTEE REPORT: '+:':~ ' >' ...... :",':",";'~ . ~ . '' $" ' · ' ~!: : '¢ : ~,,:,: ':'.' Eric Faison, Chair Dean blcColgan, Member. ': ..Michael Park,'Member PB:ss cc: Project File Day File