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LUTC PKT 06-16-2003:.lune.:l.6, 2003 5:30'Pm Co~il:..Chambers: M EE'I'~NG AGENDA 2. 3. 4. CALL TO ORDER Approval of Minutes of the June 2, 2003, meeting PUBLIC COMMENT (3 minutes) BUSINESS ITEMS A. Potential Annexation Area Study/Discussion of Process to Accommodate Requests for Changes to Preannexation Comp Plan/Zoning Designations B. Resolution Setting Public Hearing on 2004-2009 T~P/ASIP C. Code Amendment/Changes to Business Park Use Zone Charts D. Demonstration of GIS mapping system E. Pena Preliminary Plat Action Burhans/20 min Action Zukowski/5 min Action Clark/20 rain Action Ryser/::[5 min Action Barker/10 min 5. ADJOURN Committee Members Eric Fa/son, Chair Dean Nc'Co/gan Michael Park K:\LUTC Agendas and Sunmaanes 2003klune 16, 2003, LUTC Agenda.doc City Staff Kathy McClung, D/rector, Community Development Services 8andy L y/e, Administrative Assistant 253.661.4116 June 2, 2003 ~5;30 'City of Federal Way City Council Land Use/Transportation Corn mit"tee City Hall Council. Chambers MEETING MINUTES In attendance: Committee members Eric Faison, Chair, Deputy Mayor Dean McColgan and Councilmember Mike Park; Council Member Linda Kochmar; City Manager David Mosely; Public Works Director Can/Roe; Deputy City Attorney Karen Kirkpatdck; Senior Planner Margaret Clark; Assistant Traffic Engineer Raid Tirhi; Street Systems Engineer John Mulkey; Contract Planner Janet Shull; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER Chair Faison called the meeting to order at 5:28 pm. 2. APPROVAL OF MINUTES The summary of the May 19, 2003, meeting was approved as presented. PUBLIC COMMENT Bob Spaulding, speaking on behalf of his wife, Estelle Yamaki, M.D., and reading from a letter she submitted, stated that she wants to purchase the Fiesta Motel site to convert it to medical offices. Under current zoning, the property is both too small and medical offices are not allowed in the BP Zone. Mr. Spalding asked that this request be considered with the current code change being considered at this meeting. Without a code change allowing the Fiesta Motel location for Dr. Yamaki's medical practice, she will have to move to Fife or Auburn. 4. BUSINESS ITEMS A. Code Amendment/Changes to Business Park Use Zone Charts - As require,d by the Growth Management Act (GMA) jurisdictions must respond to citizen proposed amendments to the Comprehensive Plan. Proposed changes to the zoning code allowing office as a permitted use were proposed. One was to allow office as a permitted use. Another was to calculate percentage usage on a per building or per lot basis up to 50% gross floor area as office on parcels less than 1.5 acres in size. The Planning Commission recommended allowing office use up to 50% of the total gross area of one or more buildings located on the same parcel in the BP Zone. Also recommended by the Planning Commission was to allow office use as a stand-alone use only on parcels in the BP Zone that are less than 1.5 acres in size, which were platted prior to incorporation and are not under common ownership. However, in order to fully review the request of Dr. Yamaki, the Committee tabled further discussion of this issue until staff could complete further research. Consideration of this code amendment and changes to Business Park Use Zone Charts will take place at the June 16, 2002, Land Use Transportation meeting. th B. Green Gables NTS/Request for Speed Humps between South City Limits and SW 329 Way- th th Residents in the vicinity of 47 Avenue SW between south City limits and SW 329 have requested the installation of traffic calming devices based on concems of high traffic speeds and cut-through traffic. On Apdl 24, 2002 a neighborhood meeting was held to discuss potential traffic calming alternatives and consensus was reached to propose the installation of four speed humps on 47th Avenue SW between south City limits and SW 329th Way. A second neighborhood meeting to inform the residents about the balloting results and the remainder of the process was held on May 14, 2003. Thirty residents attended the meeting and none of them was opposed to the proposed speed humps. The Committee m/sic the recommendation of do pass to the City Council at its June 17, 2003, meeting. C. Weyerhaeuser Way/South 336th Street Roundabout and Turn Lanes ProjectJ100% Design and Authorization to Bid - Construction of a round-about on Weyerhaeuser Way and South 336th will provide a left turn lane at Weyerhaeuser's Headquarters driveway on South 336th Street as well as at the Weyerhaeuser Technology Center driveway on Weyerhaeuser Way. ICON Materials, the contractor for the 2003 Asphalt Oveday project has submitted a change order cost in the amount of $300,372.90. The engineers' cost estimate is $314,924. Contingent on Weyerhaeuser Company approval and a funding agreement with Weyerhaeuser, the K:~UTC Agendas and Summaries 2003~June 2, 2003, LUTC Minutes.doc Committee m/s/c the recommendation of approval to the City Council of the Weyerhaeuser Way and South 336th Street Roundabout and Turn Lanes Project. The discussion will take place at the June 17, 2003, City Council meeting. FUTURE MEETINGS The next scheduled meeting will be June 16, 2003. ADJOURN The meeting adjourned at 6:15 p.m. K:~.UTC Agendas and Summaries 2003Llun~ 2, 2003, LUTC Minutes,doc CITY OF ~ Federal Way DATE: June 9, 2003 TO: FROM: VIA: SUBJECT: Eric Faison, Chair Land Use/Transportation Committee (LUTC) Rox Burhans, Associate Planner ~x~ David Mo~~er Potential Annexation Area (PAA) Study- Process To Accommodate Requests For PAA Comprehensive Plan and/or Zoning Map Designation Changes A. Background/Proposal Be As part of the Year 2001 Planning Division work program, Staff initiated the Federal Way PAA Study. The purpose of the PAA Study is to develop a comprehensive Subarea Plan that includes the following: 1. Current conditions/baseline information; and 2. PAA specific goals and policies that will guide the City prior to the annexation of unincorporated properties; and 3. Annexation criteria; and 4. Pre-annexation Comprehensive Plan and Zoning Map designations. The PAA Pre-annexation Comprehensive Plan and Zoning Map designations would apply to unincorporated properties upon annexation to the City of Federal Way. A subsequent level of service analysis, comparing City and PAA public service levels, and an annexation feasibility study that will estimate the cost to provide City public services to the PAA, will also inform the S~ubarea Plan. The PAA Study is tentatively scheduled to be completed in the Fall of 2003. Staff was asked to examine the process by which property owners may request changes to the draft PAA Pre-annexation Comprehensive Plan and Zoning Map designations prior to the adoption of the PAA Subarea Plan. The intent is to develop possible enhancements to the existing process that will facilitate greater public participation. For background purposes, the following will provide the LUTC with a summary of the effort used to develop the draft PAA Comprehensive Plan and Zoning Map designations, the existing public outreach effort to solicit comments on the draft PAA maps, and proposed enhancements to the public outreach effort to solicit additional comments on the draft PAA maps. Process Used To Develop PAA Pre-annexation Comprehensive Plan and Zoning Map Designations The draft PAA Pre-annexation Comprehensive Plan and Zoning Map designations largely represent a direct translation between the existing King County designations and the most comparable Federal Way designations. Staff made some minor changes based on existing incompatible zoning designations, nonconforming uses, minimum residential lot size requirements, mobile home park uses, and an examination of existing King County R-1 zoning (I dwelling unit per-acre). Properties that will experience a significant change in zoning (such as from commercial to residential zoning) were notified of the change in writing. The draft PAA map designations were reviewed by two PAA Study working committees that included representatives from the Federal Way City Council and Planning Commission, King County, Lakehaven Utility District, Highline Water District, Federal Way School District, Federal Way Fire Department, Federal Way Chamber of Commerce, and PAA resident representatives. C. Existing Public Outreach Effort The City engaged in a comprehensive public outreach that gave property owners, business owners, and residents an opportunity to provide comments and feedback on the draft comprehensive plan and zoning map designations. The public outreach effort was initiated with several preliminary announcements and notices regarding the production of the PAA Comprehensive Plan and Zoning Map designations. These announcements appeared in several City of Federal Way newsletters (that are mailed to PAA property owners), numerous press releases to area newspapers and other news reporting organizations, flyers distributed to a PAA stakeholder mailing list, announcements on the City and County websites, and announcements at all PAA related public meetings. The City also hosted neighborhood meetings with three PAA homeowner's associations to explain the PAA Study's scope of work. The draft PAA Pre-annexation Comprehensive Plan and Zoning Maps were publicly released in December of 2002 at a public Steering Committee meeting. The City also hosted a public Open House in the PAA that featured an overview presentation and an opportunity for property owners, business owners, and residents to ask questions and provide feedback on the draft maps. Copies of the draft comprehensive plan and zoning maps were also placed at the City Hall front counter and on the City's website for public review and comment. D. Proposed Enhancements to Existing Public Outreach Effort As noted in Section A above, Staffwas asked to examine a process by which property owners may request changes to the draft PAA Comprehensive Plan and Zoning Maps prior to the adoption of the PAA Subarea Plan. The intent is to develop possible enhancements to the existing process that will facilitate greater public participation. Staff has developed a process that will provide a structured format to receive requests for changes to pre-annexation comprehensive plan and zoning map designations. This process includes the development of a handout (Exhibit 1) to guide property owners through the request process. The proposed handout asks property owners to provide basic information and to explain the rationale of their proposal. In order to provide Staff with adequate time to evaluate all requested changes, requests will need to be submitted to the City approximately 3 weeks prior to Planning Commission Public Hearing. In order to notify PAA property owners of the modified request process, staffwill immediately issue a press release to area newspapers and other news reporting organizations, place an announcement and the proposed handout on the City's website, and make announcements at future PAA related public meetings and open houses. As part of the public hearing process for the PAA Subarea Plan, staffwill provide a recommendation to the Federal Way City Council regarding the issuance of a resolution in support of the PAA Subarea Plan (see below). This recommendation will also include a recommendation regarding the PAA Pre- annexation Comprehensive Plan and Zoning Map designations. Staff's recommendation to the City Page 2 Council will include an evaluation of all requested changes received prior to the submission deadline. Any requested changes received after the submission deadline will be presented to the City Council, but will not be accompanied by a staff evaluation. E. Overview of PAA Study Public Hearing Process Due to recent changes to the Revised Code of Washington (RCW) regarding when subarea plans can be adoptedt, the Federal Way City Council will be asked to adopt the PAA Subarea Plan during the City's Federal Way Comprehensive Plan (FWCP) annual amendment process. The FWCP annual amendment process is tentatively scheduled for early 2004. In the Fall of 2003, the City Council will be asked to issue a resolution in support of the adoption of the PAA Subarea Plan. The following will provide the LUTC with an overview of the resolution process. " Staff's recommendation regarding the issuance of a resolution in support for the PAA Subarea Plan will initially be presented to the Federal Way Planning Commission for review and the issuance of a Planning Commission recommendation. After the Planning Commission issues a formal recommendation, the LUTC will review staff and Planning Commission's recommendations. Staff and Planning Commission's recommendations regarding the issuance of a resolution for the PAA Subarea Plan will be forwarded to the City Council with a recommendation from the LUTC. As noted above, the Federal Way City Council will be responsible for the issuance of a resolution in support of the PAA Subarea Plan, which will include Pre-annexation Comprehensive Plati and Zoning Map designations. Staff requests direction from the LUTC regarding the process by which property owners may request changes to draft PAA Pre-annexation Comprehensive Plan and Zoning Map designations. F. Council Action/Staff Recommendation The LUTC has the following options: 1. Recommend that staff incorporate the proposed process; or 2. Recommend that staff incorporate the proposed process, as modified by the LUTC; or 3. Recommend that staff make no changes to the process by which property owners may request a change in the proposed PAA Pre-annexation Comprehensive Plan and Zoning Map designations. Staff recommends that the LUTC direct staffto implement the proposed process (Option 1). APPROVAL OF COMMITTEE REPORT Eric Faison, Chair Michael Park, Member Dean McColgan, Member LIST OF EXHIBITS Exhibit I: Request for PAA Pre-annexation Comprehensive Plan and Zoning Map Change Handout ~ RCW 36.70A. 130(2)(a)(i) Page 3 CITY OF ~ Federal Way Federal Way Potential Annexation Area Study: Request For Pre-annexation Comprehensive Plan and Zoning Map Designation Change A component of the Federal Way Potential Annexation Area (PAA) Subarea Plan is to develop pre- annexation comprehensive plan and zoning map designations that would apply to unincorporated properties upon annexation to the City of Federal Way. The City of Federal Way, in pa~nership with King County, has developed draft Pre-annexation Comprehensive Plan and Zoning Maps for the PAA. These maps can be viewed at the Federal Way City Hall front counter (33530 1*t Way South), or on the City's website at www.ci _tyoffederalway.com The draft PAA Pre-annexation Comprehensive Plan and Zoning Map designations represent a direct translation between existing King County designations and the most comparable Federal Way designations. City staff has also made minor changes to reflect existing incompatible land uses, nonconforming uses, minimum residential lot size requirements, mobile home park uses, and an examination of existing King County R-1 (1 dwelling unit per-acre) zoning. Prior to City adoption of the PAA Subarea Plan, the City of Federal Way is providing property owners with an opportunity to request changes to their property's pre-annexation comprehensive plan and zoning map designations. In order to request a change, the property owner must provide the information noted below to Rox Burhans, Federal Way,Associate Planner, by August 8, 2003 ~~ ~~~~ (at the address noted below). City staffwill evaluate requested changes and make a recommendation to the Federal Way City Council regarding the adoption of the PAA Pre-annexation Comprehensive Plan and Zoning Maps. The Federal Way City Council will make the final determination regarding adoption of the P.AA Pre-annexation Comprehensive Plan and Zoning Maps. PAA Subarea Plan public hearings will be announced in the Federal Way Mirror, Seattle Times, and King County Journal Newspapers, the City of Federal Way website, and at libraries located in the City of Federal Way. Required Information 1. Contact Information: Proponent name, mailing address, telephone and fax numbers, and email address. 2. Property Address and King County Parcel Number(s). 3. Existing King County Comprehensive Plan and Zoning Map designations. 4. Proposed PAA Pre-annexation Comprehensive Plan and Zoning Map Designations (please refer to the maps located at the City Hall front counter or on the City's website). 5. Requested PAA Pre-annexation Comprehensive Plan and/or Zoning Map Designations. Reason For Request: Please include any information you feel was not considered in determining the proposed PAA Pre-annexation Comprehensive Plan and/or Zoning Map designations. This information may consist of recent development plans/proposals on file at King County, previous King County approvals, and missing information not considered in the evaluation. Direct requests for PAA Pre-annexation Comprehensive Plan and/or Zoning Map changes to Rox Burhans, City of Federal Way, P.O. Box 9718, Federal Way, WA 98063-9718. If you have any questions, please feel free to contact Rox Burhans at 253-661-4082 or rox.burhans~ci .tyoffederalway.com ieral Way DATE: TO: FROM: VIA: SUBJECT: June 16, 2003 Eric Faison, Chair Land Use/Transportation Committee Maryanne Zul~°ws/.Qki;x]~kE' .,~ ~:~i;o sHe'd~ ~2 ~091~-;~gn~; o r t ation Improvement Plan (ASIP) Improvement Plan (TIP) and Arterial Street BACKGROUND In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Cod~ 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. The City is required to hold a minimum of one public hearing on the revised plan, which is proposed for the July 15, 2003 City Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. The attached resolution sets the public hearing date for July 15, 2003 City Council meeting. The TIP and ASIP will be presented to the Land Use Transportation Committee on July 7, 2003. REVISED PLAN Attached for your review and comment are the proposed 2004-2009 TIP and ASIP (Exhibit ~A), and a location map attached. The six-year TIP and ASIP respond to the Growth Management Act concurrency requirements as well as other emerging needs. Projects are selected based on criteria adopted in the City's Comprehensive Plan TP81, which reads, "Prioritize transportation projects considering concurrency, saf..ety, support for non-SOV modes, environmental impacts, and cost effectiveness." The scoring criteria as established for Transportation TIP/C|P Prioritization ranked each project. Staff also reviewed and analyzed available grant eligible programs suitable for project programming. The proposed plan does not significantly differ from the previous year's plan. Three projects are reflected to be in progress, it is proposed that two projects be deleted because they have been completed, one project is modified, and that four new projects be added to the six-year TIP and ASIP. Projects in progress include the following: · SR-99 HOV Lanes Phase II, adding HOV lanes, raised medians, sidewalks, curbs, gutters, illumination, underground utilities, landscaping, and left turn lanes on S 324m Street. k:\lutcL2003\0616 -2004-2009 tip and asip mz.doc S 288th Street at SR-99, adding left-turn lanes for eastbound and westbound at SR-99 and 18th Avenue S, interconnects signals on Military Road South. "I-5 to City Center Access Study", previous project title was S 312th Street at I-5 Design Study. This project is a design study to recommend improvements for a preferred solution to the interchange at S 320th Street at I-5 reaching capacity. Completed Projects Projects completed include the following: · SR-99 HOV Lanes Phase I, adding HOV lanes, raised medians, sidewalks, curbs, gutters, illumination, underground utilities, and landscaping. · S 312th Street at 8th Avenue S adds a new signal at this intersection and interconnect to SR-99. Modified Project · S 320th Street at I-5, previous project scope adds a second left-turn lane, third right-turn lane on the southbound off-ramp. The new scope adds to this project the widening of S 320th Street at this location to seven lanes. Proposed New Projects The proposed new projects include the following: Westway Street Lighting: This project secured a Community Development Block Grant (CDBG), and installs up to 32 new streetlights in the Westway neighborhood to address a crime prevention program in partnership with the City's Public Safety Team. S 352"a Street Extension from SR-99 to SR-161: This project (currently contained in the Capital Facilities Program in the Comprehensive Plan) addresses a concurrency issue and level of service deficiencies. The project will add a new signal at SR-99 and extend the 3 lane principal collector. 320th Street SW at 21st Avenue SW: This project (currently contained in the Capital Facilities Program in the Comprehensive Plan as two separate projects) addresses a concurrency issue, level of service deficiencies, and addresses current safety issues. The combined project adds a second westbound left turn lane and interconnects the signal on S 320th Street. S 320fh Street; 1't Avenue to 8th Avenue S: This project (currently contained in the Capital Facilities Program in the Comprehensive Plan) addresses a concurrency issue, level of service deficiencies, and safety issues. The project adds HOV lanes and installs raised access medians. The project is an extension of the HOV corridor and promotes the decrease in SOV. k:\lutck2003\0616 -2004-2009 tip and asip mz.doc Minor Modifications The schedule of the program dates of implementation have moved due to funding availability. RECOMMENDATION Staff is requesting the Committee forward to the City Council a recommendation to authorize scheduling the Public Hearing for July 15, 2003 City Council Meeting for the review and the adoption of the 2004-2009 TIP and ASIP. The TIP and ASIP shall be presented to the Committee on July 7, 2003. The packet of information attached contains the Resolution to schedule the public hearing for the July 15, 2003 agenda and also the 2004-2009 TIP and ASIP information for your review and comments after the presentation to the Committee on July 7, 2003 MZ:ss cc: Project File Day File K:~TRAFFIC\TIP_CIP~2004L2004-2009 TIP mz,doc k:\lut&2003\0616 -2004-2009 tip and asip mz.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, SETTING A PUBLIC HEARING DATE OF TUESDAY, JULY 15, 2003 FOR ADOPTION OF A REVISED SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM AND ARTERIAL STREET IMPROVEMENT PLAN. WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the City Council of the City of Federal Way must adopt a revised and extended Six-year Transportation Improvement Program ("TIP") and Arterial Street Improvement Plan ("ASIP") annually; and WHEREAS, the City of Federal Way's SEPA Responsible Official reviewed the TIP and ASIP under the State Environmental Policy Act, RCW 43.21C, and issued a Determination of Nonsignificance on June 16, 2003; and WHEREAS, a public hearing must be held prior to the adoption of the revised and extended Six-year Transportation Improvement Program and Arterial Street Improvement Plan; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Public Heating. A public hearing shall be held on the 2004-2009 Federal Way Transportation Improvement Plan and Arterial Street Improvement Plan at 7:00 p.m. on Tuesday, July 15, 2003, at the Federal Way City Hall Council Chambers. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be Res. # , Page 1 held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 4. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY WASHINGTON this THE ' CITY day of COUNCIL OF THE CITY OF ,2003. CITY OF FEDERAL WAY FEDERAL WAY, 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: RESOLUTION NO.: Revised: 6/11/03 Res. # ., Page 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY FEDERAL WAY, WASHINGTON, ADOPTING EXTENDED AND REVISED TRANSPORT IMPROVEMENT PROGRAM AND ARTERIAL IMPROVEMENT PLAN FOR 2004-2009, AND THE SAME TO BE FILED WITH THE STATE SECRETARY OF TRANSPORTATI( TRANSPORTATION IMPROVEMENT BO. RESOLUTION 91-67, 92-117, 93-155, 94-181 96-236, 97-258, 98-273, 99-299, 00-316, kIINGTON AND THE ( , and 02-365). WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26, the City Council of the City of Federal Way adopted its ori Transportation Improvement on July 23, 1991 (Resolution No. 91-67); and WHEREAS, the Federal Way City ("Program") on October 19, 1993, by its WHEREAS, the Federal Way it gra of Res, n No. Council sportation Impr~~Jme nt Program on October 4, 1994 (Res 9z and / / Program on July18,1995 (J~ esolt alx 95-210);and ,, Y . WHEREAS, the~/ee~¢.,ral Way Cit~Council fu~h~pdated~ its Tr~ation Improvement Program on July 16, ~96 (%esolution No. 96-2~6~d WItEREAg~, the Federal Way City co~ ~ ~er up~tgd ~~p~ion Improvement / RI.iS # ; , PAGE 1 WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 7, 1998 (Resolution No., 98-273); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on June 1, 1999 (Resolution No., 99-299); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on June 20, 2000 (Resolution No., 00-316); and WHEREAS, the. Federal Way City council further updated its Transportation Improvement Program on July 17, 2001 (Resolution No., 01-343); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on June 18, 2002 (Resolution No., 02-365); and WHEREAS, the City Council of the City of Federal Way has reviewed the work accomplished under the existing Program and has reviewed work scheduled to be accomplished according to the updated Program; and WHEREAS, a public hearing was held on the revised Transportation Improvement Program on July 15, 2003, in compliance with the requirements of State la~s: and WHEREAS, the City Council has determined current and l'uture City street and arterial needs, and based upon these findings has prepared a revised and extended Transportation hnprovement Program and an Arterial Street Improvement Plan lbr the ensuing six calendar years; and RES # , PAGE 2 WHEREAS, pursuant to RCW 35.77 and 47.26, the City Council is required to annually revise and adopt an extended Transportation Improvement Program and an Arterial Street Improvement Plan; and WHEREAS, the City's SEPA Responsible Official has adopted the DNS in Federal Way File No. x issued for the City's 2004 - 2009 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) which includes the extended and revised projects contained in the TIP adopted herein; and Wi!EREAS, adoption of the City's 2004 - 2009 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) DNS reflects the fact that there.will be no significant adverse environmental impacts as a result of adoption or implementation of the extended and revNed Transportation Improvelnent Plan (TIP) and Arterial Street hnprovement Plan (ASIP) adopted herein; NOW, THEREFORE, TilE CITY COUNCIl, OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Program Adopted. The extended and revised Transportation Improvement Program and Arterial Street hnprovement Plan for the City of Federal Way for the ensuing six (6) calendar years (2004-2009 inclusive), a copy of which is attached hereto as Exhibit A and incorporated herein by this reference, which sets forth the City's transportation project locations, types of improvements and the estimated costs thereof, is hereby approved and adopted. Section 2. Filing of Program. Pursuant to Chapter 35.77 RCW, the City Clerk is hereby authorized and directed to file a copy of this Resolution, together with Exhibit A, with the Washington State Secretary of Transportation and a copy with the Washington State Transportation R :S # , PAGE 3 Improvement Board. Section 3. Severability. If any section, sentence, clause or phrase of this Resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of thisxResolution. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of the Resolution is hereby ratified and affirmed. Section 5. Effective Date. This Resolution shall be effective, immediately upon passage by the Federal Way City Council. RESOLVED BY THE WASHINGTON, this CITY day of COUNCIL OF THE CITY OF ,2003. CITY OF FEDERAL WAY FEDERAL WAY, ATTEST: MAYOR, JEANNE BURBIDGE CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY C[.E RK: PASSED BY THE CITY C()I !NCIL: RESOLUTION NO. k:\traffic\tip_cipL2004\resolution for 2004-2009 tip, 2003.doc RES # , PAGE 4 EXHIBIT A -TRANSPORTATION IMPROVEMENT PLAN (TIP) - 2004 TO 2009 MapJ CAPITAL PROJECTS Year 2003 Costs In $ thousands ID** I --. ~ Location * I ......... DescH,ption Previous Years 2003 .L.2°°4 2005 2006 2007 2008 2009 Total ... leuser Way 13 ~,..-~.~ 955 1,121 "~'-i.. .... :. :- . : rand18thAveS. Inte~COnnecttoMilitaryRoad ' -2;,:?; ~300 2,70c. , · ' '- to City Center Access StUdy" - - e; extend 312th St from 28 h Aves to Military Rd S · ' Z.~ ~7250 ~:~;,500 2 j · - · . · - mse2~S324thSt-S340thSt, I - - · 2nd. NB leff-tum lane ~ 336th; install raised median 3,85984 '0793 500 -; 16,'195 I ', 31_ :.'-150 181 7._.~_! ' '- ' ,' ; ~ ! ,, ,,::: :, . ,; .. 173 ~1 - s - ~-5 .-- - . ..... 200 800 m-i..... s. g9 . .-. ~ · lumlnation I ~ E~- $~50G~??~+3;405 -~-i ' ".-. S ~ -'- --- I left-turn lanes . j _~360 ~ 200'; ~1~240 1,800 '~-'---~ 60 360 420 ~----i ...... ~s,- 22nd Ave SW ns -" i --7 750 750 ~-i ........ s i~ '" ' -._m ~ ~oo -~-i ~ . Rt61 . )latSR.99 _~_~ 4,066 ~ - ( : I 035~1~.035 22 i' "'"' " t-S312thSt I Shoulder improvements 130 ': ...... :- : · 'JECTCOSTS " I 3,8721 3,7231 22,7541 i~;5641 19,8831 16,8731 18,3301 15975 114,156 Map ID number as shown matches the WSOOT fbrm for the 2004-2009 TIP as priority ra~ked * Shown es moved, to 2004 ~$hown for substantial completion in 2003 06/10/2003 CII'Y OF FEDERAL WAY COMPREHENSIVE PLAN 2004-2009 TRANSPORTATION IMPROVEMENT PLAN TRANSPORTATION ELEMENT Federal Way City Limits Potenllal Annexation Ama Street Improvement Projects Non Motorized Pro~ects Intersection Improvement Project Map Identification Number ~ SCALE ~ I Inch equal. 5,800 Feet CITY OF Federal Way MEMORANDUM June 9,2003 TO: VIA: FROM: SUBJECT: MEETING DATE: Eric Faison, Chair Land Use/Transportation Committee (LUTC) David M.~anager Kathy McClung, Director of Community Development Services Margaket H. Clark, AICP, Senior Planner ~ Janet Shull, Planning Consultant Follow-up Research for Amendments to Federal Way City Code (FWCC) Chapter 22, Article XI, District Regulations (Business Park Zoning Charts) (File No. 03- 101758-00-UP) June 16,2003 I. BACKGROUND This is a follow-up to the June 2, 2003, Land Use Transportation Committee (LUTC) meeting during which proposed amendments to the Business Park (BP) Use Zone Charts were discussed. Staff presented the Planning Commission's recommendations, one of which was to allow office as a stand- alone use only on parcels in the BP zone that are less than 1.5 acres in size, were platted prior to City incorporation, and have not been under common ownership with a contiguous parcel since incorporation. Bob Spaulding, an interested resident, made a request of the City Council to increase the maximum lot size at which office development would be permitted outright from less than 1.5 acres to 1.56 acres or less. This would potentially allow him and his wife to redevelop the Siesta Motel into medical offices. He further requested that the City Council consider allowing wetland areas to be excluded from lot size calculation as an option if the council were not amenable to changing the recommended lot size threshold of less than 1.5 acres for office use. This might allow this particular lot to qualify for office use if the useable/developable portion of the lot were less than 1.5 acres. (Please refer to Exhibit A - May 27, 2003, Planning Commission report to the LOTC for background on the proposed zoning code amendments.) The LUTC responded to the speaker's request by asking staff to conduct some further research on the BP zone to evaluate whether there is a natural break in lot size that might be greater than the current recommended 1.5 acres that would relate to the typical lot size needs of office uses versus industrial/ manufacturing uses. Further, the LUTC also directed staff to research the proposed alternative for allowing a reduction in the lot size related to wetlands, other sensitive areas, easements, etc. II. DISCUSSION OF RESEARCH FINDINGS A. Is there a natural break for lot sizes suitable for office and manufacturing uses? Based on our research, we could find no natural break in parcel size between office uses and manufacturing/industrial uses. The parcel size required for office uses can vary greatly based on the type of off~ce use, the amount of required parking, and required detention facilities. In general, however, office use can utilize relatively smaller parcels than manufacturing uses. As a result, we approached this question by trying to determine whether manufacturing uses required a minimum lot size in order to be a feasible operation. Therefore, staff contacted planning depai'tment staff from the cities of Auburn, Kent, Renton, and Tukwila, cities with substantial industrial development, to see if they had any useful information related to typical lot sizes for various types of industrial development that might be instructive to Federal Way's BP zone. None of the cities contacted had conducted studies or collected data that would indicate a typical lot size or minimum/maximum lot sizes. These cities found that industrial development can vary greatly in size, from less than one acre to over 900 acres, as in the case of the Boeing Plant in Renton. The City of Renton has a minimum lot size requirement of 35,000 square feet in its light industrial zone and the City of Kent has a one-acre minimum. Both are less than the current 1.5-acre threshold currently established for the majority of allowable uses in Federal Way's BP zone. The other cities do not have minimum lot sizes for their light industrial zones. In addition, market forces can play a role in lot size. When interest rates are high, industrial users prefer to lease space, which results in larger-parcel, multi-tenant spaces being developed. When interest rates are low (as they currently are), developing and owning one's own space becomes desirable, which can result in smaller parcels being developed with single tenant spaces. Based on a map of current uses in the Federal Way BP zone, generated by the City of Federal Way Geographic Information Systems (GIS) Division, there are presently 53 developed parcels and 35 vacant parcels in the BP zone (Exhibits B and C; the parcels comprising the Kitts Corner and Christian Faith Center developments currently under review by the City were excluded). Of the 53 developed parcels, ten are developed with offices. Five of the ten parcels with offices have stand-alone offices and the other five parcels have multi-tenant buildin~ with a total of 28 offices. Table 1 lists the existing stand-alone offices and the size of the parcels on which they are located. TABLE 1 - EXISTING STAND-ALONE OFFICE USES IN THE BP ZONE Parcel Size Office in Acres Horan Realty 0.17 Martinson Cobean Associates 0.73 Prime America 0.21 Medical Office Building 0.9 Horizon Mortgage 1.5 Amendments to Business Park Zoning Charts Follow-up Research Filb #03-101758-00-UP Page 2 Table 2 lists only existing manufacturing uses, and the size of parcels on which they are located. TABLE 2 -- EXISTING MANUFACTURING USES IN THE BP ZONE Manufacturing/Industrial Uses Parcel Size in Acres Orion, Industries 2.49 Frito-Lay 9.9 Auto' Shop 0.52 Aerospace Distributors 1.79 Salmolux Warehouse 3.45 Federal Way Corporate Center 4.97 Warehouse 0.38 Warehouse & Office 5.27 Warefiouse 2.5 Warehouse 3.04 Warehouse 2.15 Spectrum Business Park 2.14 Spectrum Business Park 0.92 Spectrum Business Park 0.73 Spectrum Business Park 0.97 Warehouse 0.89 Warehouse 0.63 Warehouse & Office 1.09 Lloyd Repair Shop 1.23 Trinity Broadcasting 0.94 Ed Rosendendin Electric 1.12 Baden Sports 2.63 Beloit Manhattan Rubber Co. 3.05 North Coast Electric & Lighting 0.54 Warehouse 0.28 Truck Maintenance Building 1.59 Wright Co. 2.85 DDM Construction Co. 8.03 DBM Office Park 3.9 National Engine 1.05 Amsoil Synthetic Lube Ctr. 0.58 Puget Sound Truck Sales 4.81 , , Federal Way Towing 4.48 Warehouse 1.38 Warehouse 4.76 Based on the information in the above Tables I and 2, four out of the five stand-alone offices are located on parcels less than one acre in size. The manufacturing and industrial uses are located on parcels varying in size from 0.3 acres to 9.9 acres. The review of the information from the other South King County cities and the City of Federal Way leads to the conclusion that there is no natural break point in sizes suitable for office versus manufacturing. If thePlanning Commission's recommendation of allowing office as an outright permitted use on 100 percent of parcels less than 1.5 acres in size was adopted, approximately 26 developed parcels and 18 Amendments to Business Park Zoning Charts Follow-up Research File/t03-101758-00-UP Page 3 vacant parcels (for a total of 44 parcels) would be affected, leaving 44 to be utilized for other uses allowed in the BP zone (Exhibits B and C). (The other proposed code amendment, if adopted, could reduce the total available space by 50 percent.) If another threshold, such as allowing offices on parcels less than two acres in size was chosen, this would affect approximately 29 developed parcels and 21 vacant parcels (for a total of 50 parcels), leaving 38 parcels to be utilized for other uses allowed in the BP zone (Exhibits D and E). (The other proposed code amendment, if adopted, could reduce the total available space by 50 percent.) Raising the th,reshold from less than 1.5 acres to less than two acres would not have a substantial effect on the r~maining land available for manufacturing and industrial uses.. B. Alternative Methods for Measuring Lot Sizes The City of Federal Way measures lot size based on gross acreage, which includes all environmentally sensitive areas, private access easements, and utility easements. In researching the LUTC's qgestion, staff asked planning department staff from the cities of Auburn, Kent, Renton, and Tdkwila whether their city regulations measured lot size in terms of net acreage, which is gross land area minus constrained land. The City of Renton allows for "Native Growth Potential Easements" in residential subdivisions. This removes sensitive areas from development and lot size calculations, but retains the excluded areas in common ownership under a homeowner's association. This program, however, is designed for the specific goal of preserving environmentally sensitive areas while also providing amenity for residents within the subdivision. None of the cities contacted utilize a reduction in lot size calculation for the purposes of excluding wetlands, other environmentally sensitive areas such as streams, and geologically hazardous areas (erosion hazard areas, land slide hazard areas, seismic hazard areas, or steep slope areas). If the City of Federal Way was to adopt a policy of excluding environmentally sensitive areas from the lot size calculation, this may actually be a disadvantage to some property owners, who may have difficulty meeting required minimum lot sizes for zoning purposes. This may also result in subdivisions having fewer lots than would presently be allowed. It may also complicate and make development less predictable due to the upfront costs in determining how large your lot is. In addition, the City would have to decide what types of environmentally sensitive areas should be excluded. Presently, there ~are provisions for constructing within environmentally sensitive areas such as stream and wetland buffers and within setbacks from geologically hazardous areas if special studies are undertaken or mitigation measures are implemented. Adopting a poli~y of excluding "non-uSeable" portions of a site~may also have consequences for property assessments, where a property owner may argue that that portion of his/her property should not be taxed. III. STAFF RECOMMENDATION 1. Allow office use as a stand-alone use only on parcels in the BP zone that are less than 2.0 acres in size, were platted prior to City incorporation, and have not been under common ownership with a contiguous parcel since incorporation (Exhibit F). 2. Allow office use to utilize up to 50 percent of the total gross area of one or more buildings Amendments to Business Park Zoning Charts Follow-up Research Fil~ #03-I01758-00-UP Page 4 located on a parcel two acres or greater in size in the BP zone (Exhibit F). 3. Delete any reference to the amount of either accessory office or accessory retail use in the existing charts (Exhibit G). 4. Continue to measure lot size in terms of gross and not net acreage. 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. 2 above, that is, adoption of the Planning Commission's recommendations with changes as pi'oposed by the LUTC. Ve 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. APPROVAL OF COMMITFEE ACTION: Eric Faison, Chair Dean McColgan Michae! Park LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G May 27, 2003, Staff Report to the Land Use/Transportation Committee with Exhibits 1-5 Developed Parcels by Acreage in the Business Park Zone by 1.5 Acre Increments Vacant Parcels by Acreage in the Business Park Zone by 1.5 Acre Increments , Developed Parcels by Acreage in the Business Park Zone by 2 Acre Increments Vacant Parcels by Acreage in the Business Park Zone by 2 Acre Increments New Office Use Zone Chart Example of Changes to Existing Use Zone Charts 1:~2002 Code Amendments\Chang:s to BP Zone\LUTC\PC Rec Staff Report to LUTC.DOC/06/11/20031:36 PM Amendments to Business Park Zoning Charts Follow-up Research Fil~:/t03- ! 01758-00-UP Page 5 Federal Way PLANNING COMMISSION RECOMMENDATION May27,2003 TO: VIA: FROM: SUBJECT: Eric Faison, Chair Land Use/Transportation Committee (LUTC) David 'ly~ ,~. ~nager Kathy. McClung, Director of Community Development Services Margaret H. Clark, AICP, Senior Planner Janet Shull, Planning Consultant Amendments to Federal Way City Code (FWCC) Chapter 22, Article XI, District Regulations (Business Park Zoning Charts) (File No. 03-101758-00-UP) MEETING DATE: June 2, 2003 I. BACKGROUND The Growth Management Act 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 two citizen requests for zoning text amendments: 1) 'A request by Robert Hart of Grmnor Development to allow office space as a permitted use in the Business Park (BP) zone. 2) A request by Mark Freitas to allow existing nonconforming single tenant office buildings ill the BP zone to be permitted outright. It is tile City's practice that all City business be presented to a Council COlnlnittee, in this case the Land Use/Transportation Cotnmittee (LUTC), before Council deliberation. 1I. DISCUSSION OF PROPOSED AMENDMENTS A discussion of tile proposed amendments can be found in Exhibit 1 -Staff Report for the May 21, 2003, Planning Commission meeting, and is smnmarized as follows. EXHIBIT---J -. PAGE I 1. Request #1 - Allow Office Space as a Permitted Use in the Business Park (BP) Zone Under the current zoning code, where allowed in the BP zone, an office must be accessory to tile principal allowable use and utilize no more than 50 percent of the gross floor'area of the use. Based on information generated by the City of Federal Way Geographic Information Systems (GIS) Departm, ent, there are 105 parcels in the BP zone. Fifty of the 105 parcels are developed. Of the 50 developed parcels, ten are developed with offices. Five of the ten pa. rcels with offices have stand-al6ne offices and the other five parcels have multi-tenant buildings with a total of 28 offices. These offices were all constructed prior to City incorporation and became legal nonconforming uses with the adoption of the Federal Way City Code (FWCC). The King County Code allowed offices as a permitted use within the King County Manufacturing Park (MP) Classification. For the most part, those areas previously zoned MP under King County are now zoned BP~ under Federal Way. Nonconforming uses can legally continue to exist, but are subject to the provisions of FWCC Section 22-332, "Nonconforming Use." Under this section, if an applicant wishes to increase the size, make structural alterations, or make other changes/alterations to a structure that exceeds 15 percent of the assessed or appraised value of the structure, the nonconforming use must be terminated. This requirement as applied to the nonconforming off~ce buildings or tenant spaces located within the BP zone is a disincentive to upgrading structures. A Market Study prepared in 2000 found that there would be a de~nand for only 11 to 13 percent of the vacant 166 acres of BP-zoned land between the years 2000 and 2020. In the past few years, the City has observed a marked increase in requests to change parcels from the Business Park designation to another comprehensive plan designation. The City is presently reviewing two requests, totaling 100 acres, for a change in comprehensive plan designation and zoning based on develop~nent agreements from BP to other designations. However, while it appears that there has been limited demand for light manufacturing and warehouse/distribution development, there is also limited potential to site such development in the City of Federal Way due to diminishing acres of vacant BP-zoned land, some of which are environmentally constrained by the location of wetlands. The following three alternatives to allow office as a permitted use in the BP zone were reviewed and the advantages and disadvantages of each alternative were presented to the Planning Commission (please refer to Exhibit 1 - Staff Report, for more detail on the advantages and disadvantages associated with each option). . ~ Option A: Option B: Option C: Allow office as a permitte3 use in tile BP zone. Tile amount of office use would not be li~nited to a certain percentage ora building or lot. Allow office as percentage of gross floor area of each building on ,a.lot or of the total square footage of all buildings on a lot. ' Require there be a mauufacturing/light industrial/warehouse use on a per structure or per subject property basis, but maintain no limitatious on the percentage. Amendments to Business Park Zoning Charts Planning Commission Recommendation to LUTC EXHIBIT . ~3- I () i 758-00-UP Page 2 2. Request//2 - Legalize Existing Nonconformiug Office Use on Small Lots in tile BI' Zone Within tile BP zone, there are five stand-alone office buildings. Four of the five are located on parcels that are less than 1.5 acres in size and one is located on a parcel that is. 1.5 acres itl size. Like the offices that are located within multi-tenant buildings, these offices do not meet the current requirement that office development be an accessory use as defined in the FWCC. Furthermore, m, ost of these nonconforming uses are located in buildings built to serve as office buildings. They have no provisions within the structure or on site for truck access. Four of the five are located on lots that are less than 1.5 acres in size, which is the minimum required for most permitted uses in this zone. In addition, many of the nonconforming uses are located adjacent to developed parcels. Therefore, it is unlikely that the sites with nonconforming office uses could be r'edeveloped to conform to the current use requirements. The following .three alternatives to legalize existing nonconforming offices on small lots in the BP Zone were reviewed and the advantages and disadvantages of each alternative were presented to the Planning Commission (please refer to Exhibit 1 - Staff Report, for more detail on the advantages and disadvantages associated with each option). Option A: Option' B: Option C: Allow office as a permitted use in the BP zone. This change would allow an office to be located on a lot of any size either as a stand-alone use or in a multi- tenant building. Allow properties developed prior to Federal Way incorporation to be exempted from the requirement that office be an accessory use. Allow parcels less than 1.5 acres in size and platted prior to Federal Way incorporation to be exempted from the requirement that office be an accessory use. Under this option, an office could be located on any parcel less than 1.5 acres in size whether developed or vacant. There are 22 vacant parcels less than 1.5 acres in size in the BP zone. III. STAFF RECOMMENDATION Staff ~nade the following recommendation to the Planning Commission: 1. Request #1 - Allow Office Space as a Permitted Use in the Business Park (BP) Zone Staff Recommendation -- Allow office use to utilize up to 50 I%rcent of the total gross area of one or more buildings located on the same parcel in the BP zone. Request #2 - Legalize Existing Nonconforming Office Use on Small Lots in tile BP Zone Staff Recommendation -- Allow office use as a stand-alone use o~ly on parcels itl the BP zone tlmt are less than 1.5 acres itl size, were platted prior to City incorporation, and have not been under common ownership with a contiguous parcel since incorporation. If adopted, these changes would require the addition of a new Use Zone Chart for Office Use under Business Park zoning (Exhibit 2). Staff also recommended that any reference to the atnount of either Amendments to Business Park Zoning Charts Planning Commission Recommendation to LUTC EXHiBII, . PAGE accessory office or accessory retail use in the existing charts be removed and that consistent with other sections of the code, they be allowed as accessory uses to the principal allowed use pursuant to the definition of "Accessory" (Exhibit 3). IV. PLANNING COMMISSION/STAFF RECOMMENDATION The Planning Comv0ission conducted a public hearing on May 21, 2003, and recommended the code amendments, as recommended by staff, be adopted by the council (Exhibit 4 - Summary of May 21, 2003, Planning Commission Meeting). 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. I 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 Planning Commission. As recommended by Planning Commission and amended by the LUTC. APPROVAL OF COMMITTEE ACTION: Eric Faison, Chair Dean McColgan Michael Park LIST OF EXltlBITS Exhibit I Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Staff Report for the May 21,2003, Planning Commission Meeting New Office Use Zone Chart Example of Changes to Existing Use Zone Charts Summary of May 21,2003, Planning Commission Meeting Draft Adoption Ordinance EXHIBIT .. PAGE I:k2002 Code Amendments\Chang:s to BP Zone\LUTCkPC Rec Staff Report to LUTC.DOC/05/28/200312:17 PM Amendments to Business Park Zoning Charts Planning Commission Recommendation to LUTC Fiie//03- ! 01758-00-UP Page 4 CITY OF '- ' · Federal Way STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way City Code (FWCC) Chapter 22, Article XI District Regulations (Business Park Zoning Charts) File No. 03-101758-00-UP Planning Commission Meeting of May 21, 2003 I. BACKGROUND The Groxvth Management Act requires jurisdictions to allow the public to s'uggest updates to their codes and comprehensive plans once a year. Pursuant to Federal Way 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 two citizen requests for zoning text amendments: 1) Allow more office space per tenant in the Business Park (BP) zone. 2) Allow existing nonconforming single tenant office buildings in the BP zone to be permitted outright. The Land Use/Transportation Committee (LUTC) reviewed the requests at their meeting on May 20, 2002, and recommended that they move forward to the City Council for a public hearing and determination on whether they should be studied further. The City Council reviewed the requests at their meeting on June 18, 2002, and recommended that the requests be studied further and that text amendments be prepared for consideration by the Planning Commission and City Council. Staff has studied both requests further and has prepared tiffs report along with recommended zoning code amendments for consideration by tile Plauniug Comlnission (,Exhibits A and B). Tile purpose of the proposed code amendments is to respoud to the applicants' requests and to provide greater flexibility in thc allowable mix of uses iu the Business Park zone. The purpose of tile BP zone according to tile colnprehensive plan is: "... intended to capture the demand for higher qualio,, mixed use business parks which 1)ermi! a mLrture of light manufacturing, warehouse/distribution, office and limited retail uses to serve the immediate needs in the area. In the past few years, the City has observed a marked increase in requests to change parcels from the Business Park designation to another comprehensive plan designation. As a result, the city shouM explore potential changes to the allowable mix of uses itt the Business Park zone in order to meet changing market conditions." EXHIBIT _,,EXHIBIT I PAGE $. L ,,LpAGE .! OF II EXHIBIT_- p AG E ._.G_O A. Large developments are proposed within thc BP zoned area. Within tile area designated as Business Park, two large developments, totaling approximately 100 acres in size, are being reviewed by the City pursuant to development agree~nents. 1. Kitt's Corner is a proposed mixed use commercial and residential development. 2. Christian Faith Center is a proposed church/school development. These two developments represent approximately 60 percent of the vacant land currently 'located withi9 the BP zone. A Market Study to determine the availability of commercial land to accommodate anticipated growth was prepared in early 2000. The study indicated that there would only be a demand for 11 to 13 percent of available BP-zoned land between the years 2000 and 2020. However, assuming the two projects described' above are developed as currently proposed, there will be few large vacant parcels remaining in the BP zone. B. Remaining vacant parcels are small and/or environmentally constrained. Additional vacant parcels within the BP-zoned area are identified on the City's Sensitive Areas map as containing wetlands. There are 53 vacant parcels remaining in the BP zone. Forty of the 53 parcels are less than five acres in size. Of those under five acres in size, over half(22) are under 1.5 acres, which is the minimum lot size required for most new development within the BP zone. (Note: FWCC Sections 22-861, 22-862, 22-863, 22-864, 22-865, 22-867, and 22- 868 allow for the development of existing nonconforming parcels.) While it appears that there has been limited demand for light manufacturing and warehouse/ distribution development, there is also limited potential to site such development in the City of Federal Way due to diminishing acres of vacant BP-zoned land. C. Other cities' treatment of office development in Business Park zoned areas. A review of other Puget Sound cities' zoning codes indicates that some cqmmunities limit office development in heavy industrial zones, but consider it a principally permitted use in the light industrial zones. Other communities require that office space either be accessory to a primary use or limited to a certain percentage of the overall building or project. The following is a listing of~oning codes reviewed: , City of Kent: Allows office as a principal use ill tile MI/MI-C Industrial Park and tile M2 Medium Industrial zones. Office space is limited to no more than 25 percent of gross floor area in tile M3 Iteavy Industrial zone. City of Kirkland: Allows office as a principal use in tile LIT Limited Industrial Technology and tile ILC Industrial Li~nited Commercial zones. 3. City of Renton: Office uses must be accessory to a primary use for tile IL Industrial Light, IM Industrial Medium, and Ill Industrial lteavy zones. Accessory is defined as, "subordinate in size and typically on the same lot occupied by the principal use." Business Park Code Amendments - EXHIBIT Planning Commission Staff Report -- Page 2 PAGE.__ __OF I_[L-- EXHIBi-[ PAGE __O City of SeaTac: Professional office is limited to 20 percent of gross floor area in the BI' Business Park Zone. City of Tu~vila: Office is a permitted use in tile Commercial/Light Industrial Zone. Office is only allowed on a limited basis in the Heavy Industrial Zone. Tukwila monitors the mix of office vs. manufacturing/industrial use on a project or building scale rather than individual, tenant. (Note: The City of Tukwila is currently considering allowing more office deyelopment in the Heavy Industrial Zone due to market conditions and the potential of Boeing pulling out of the Northwest. However, the areas designated Heavy Industrial are within a Designated Manufacturing/Industrial Center under the GMA, so manufacturing job potential must be retained to maintain the designation.) II. DISCUSSION OF PROPOSED CODE AMENDMENTS A. Distinction of Office as an Accessory Use in the BP Zone Under the current zoning code, office development is specifically allowed in the BP zone as an accessory use. Office development is subject to the special regulations outlined in Sections 22- 861, 22-862, 22-863, and 22-864 as follows: "Under this section this use may include an accessory office utilizing no more than 50% of the gross floor area of this use and accessory retail sales and service facilities utilizing no more than 20% of the gross floor area of this use; provided, however, that the primary use utilizes a minimum of 50% of the gross floor area of this use." Office development is subject to the special regulations outlined in Section 22-866 as follows: "Under this section these uses may include an accessory office utilizing no more than 50% of the gross floor area of this use. Section 22-1 of the FWCC defines Accessory as follows: "Accessory means a use, activity, structure or part ora structure which is subordinate and incidental to the main activity or structure on the subject property." Section 22-'1 of the FWWC defines Subject Property as follows: "Subject Property means the entire lot or parcel or series of lots or parcels, on which a development, activity or use is or will locate or on which any activity or condition regulated by or subject to this chapter is or will occur or take place." - The current interpretation of the zoning code is that the amount of office developmeut is cousidered ou a per use (per tenant) basis as opposed to a per structure or per property basis. This means that where allowed, an office must be accessory to the principal allowable use and utilize no more than 50 percent of the gross floor area of the use. Business Park Code Amendments Planning Commission Staff Report EXHIBIT PAGE__ OF File #03-101~/58-00-UP I hoc m 23o5. Page 3 EXHIBi-[-. 'A PAGE__ L_OF Three options have been identified for adding flexibility to the BP zone with regard to office development. Option A: Allow office as a permitted use in the BP zone. Under this option, individual tenants with 100 percent office use would be able to locate on a parcel of any size in the BP zone subject to applicable development standards. Additionally, structures could have a tenant mix of up to 1,00 percent office use. The potential advantages of this option are: 1) It would,be easier to administer because there would be no need to calculate and keep track of percentage usage of structures or developments as in Option B. 2) It may be easier to develop small and/or environmentally constrained vacant parcels. 3) It also addresses the concerns related to existing nonconforming office development in the BP zone eliminating the need for further amendments to the BP zone as presented in Section II.B, below. The potential disadvantages of this option are: I) It may result in a further loss of manufacturing/light industrial/warehouse development potential if remaining vacant/underdeveloped parcels are developed with office structures. 2) The value of land could be artificially inflated to that of Office Park zoned property, further discouraging future light industrial/business park type development. 3) Traffic could be increased as office development typically generates greater trips per square foot. Option B: Calculate percentage usage on a per building or per lot basis. Under this option, individual tenants within one or more buildings located on the same parcel could have up to 100 percent office use, as long as no more than 50 percent of the gross floor area within the building(s) located on the same parcel is in office use. The potential advantages,of this option are: 1) It provides increased leasing and development flexibility within the BP zone. 2) It maintains the requirement that development within the BP zone have a manufacturing/ light indm;trial warehouse presence. ~ The potential disadvantages of this option are: i) It does not address the concerns related to existing nonconforming office use (office uses that utilize 100 percent ora building) in the BP zone necessitating the need ~'or further amendments to the BP zone language as presented in Section II.B, below. 2) Staff would have to assess and track tenant mix as a percentage of gross floor area to ensure that overall tenant mix for each lot meets the use parameters. 3) Future development of vacant, small, and/or environmentally constrained lots may be more difficult to develop since they would need to provide for truck access and maneuvering on site. PAG E_ O F__II Business Park Code Amendments Planning Commission Staff Report File//03- I 0 i :'/58-00-UP / ~o~ ZD 23OS? Page 4 Option C: Require there be a manufacturing/light industrial/warehouse use on a per structure or per subject property basis, but maintaiu no limitations on percentage. Under this option, individual tenants within a structure or a subject property as defined by the FWCC could have up to 100 percent office use as long as the structure or subject property had a mix of uses that included at least one manufacturing/light industrial/warehouse use. The potential advantages of this option are: 1) It provides increased leasing and development flexibility within the BP zone. 2) It would be easier for staffto administer eliminating the need for gross floor area calculations. 3) It maintains the requirement that development within the BP zone have a manufacturing/light industrial/warehouse presence. The potential disadvantages of this option are: 1) It does not address tile concerns related to existing nonconforming office uses (office uses that utilize 100 percent of a building) in the BP zone necessitating the need for further amendments to the BP zone language as presented in Section II.B, below. 2) New projects could be developed with a limited amount of manufacturing/light industrial/ warehouse space resulting in a predominance of office developments. 3) Existing projects could shift tenant mix more toward office uses over time. 4) The future manufacturing/light industrial/warehouse presence could be reduced over time within the City of Federal Way. B. Existing Nonconforming Office Use in the BP Zone Within the BP zone, some developments do not meet the current requirement that office development be an accessory use as defined in the FWCC. Examples of these developments include both structures that were built as solely office buildings and buildings with a mix of tenants, where some tenants are 100 percent manufacturing/light industrial/warehouse uses and seine are 100 percent office uses. These existing nonconforming uses cam,e into being prior to Federal Way's incorporation and were developed under the King County Zoning Code. The county code allowed office development as a permitted use within the King County Manufacturing Park (MP) Classification. For the ~nost part, those areas previously zoned MP uuder Kiug County are now zoned BP under Federal Way. , These nouconformiug uses cau legally remain, but are subject to tile provisions of FWCC Section 22-332, "Nonconforming Use." Under this section, if an applicaut wishes to increase the size, make structural alterations, or make other changes/alterations to a structure that exceeds 15 percent of the assessed or appraised value of the structure, the nonco~iforming use must be terminated. This requirement as al)plied to the noucouforming office buildings located within the BP zone is a disincentive to upgrading structures. Most of these nonconformiug uses are located in buildiugs built to serve as office buildings. They have no provisious within the structure or on site for truck access. They are also primarily located on lots that are less thau 1.5 acres in size, which is the minimum required for Business Park Code Amendments Planning Commission Staff Report EXHIBIT.. PAGE-- sF I1 File #03- I 01 ;/58-O0-UP / ~,~ m 2~os, Page 5 EXHIBI'i 13, - PAGE I0 OF' most permitted uses in this zone. In addition, many of thc nonconforming uses are located adjacent to developed parcels. Therefore, it is unlikely that the sites with nonconforming office uses could be redeveloped to conform to the current use requirements. According to a GIS mapping of the BP-zoned area, there are 67 parcels that are less than1.5 acres in size. Of these, 22 parcels are identified as vacant. Of the 45 developed parcels, 21 are developed with single-family residences, five are developed with nonconforming office uses, and 19 are developed with principally permitted uses. Three options have been identified for addressing nonconforming office uses within the BP zone. Option A: Allow office as a permitted use in the BP zone. Under this option, existing office development that is currently nonconforming in terms of land use would be permitted outright. The potential.advantages of this option are: 1) Existing office buildings and 100 percent office tenants could improve their buildings/spaces without being required to limit office to an accessory use. 2) It also addresses the concerns related to new development as presented in Section II.A, above. The potential disadvantages of this option are: 1) It may result in a further loss of manufacturing/light industrial/warehouse development potential if remaining vacant/underdeveloped parcels are developed with office structures. 2) The value of land could be artificially inflated to that of Office Park zoned property, further discouraging future light industrial/business park type development. 3) Traffic could be increased as office development typically generates greater trips per square foot. Option B: Allow properties developed prior to Federal Way incorporation to be exempted from the requirement that office use be an accessory use. The potential advantages of this option are: 1) Existing office buildings built prior to Federal Way incorporation could be improved/expanded without being required to limit office to an accessory use. 2) Existing mixed tenant buildings built prior to Federal Way incorporation would have greater flexibility in leasing/improving spaces that may not lend themselves to a manufacturing/light industrial use. ' The potential disadvantage of this option is: 1) City staffwould have to determine whether or not properties were developed prior to Federal Way incorporation. Business Park Code Amendments Planning Commission Staff Report EXHIBI-[__. ! File #03-101758-00-UP / ~ ~D z~os? Page 6 EXHIBii PAGE__J_I Option C: Allow parcels less than 1.5 acres in size and platted prior to Federal Way incorporation to be exempted from the requirement that office be an accessory use. Under this option, both existing development and potential future development on.parcels less than 1.5 acres in size could have any mix of office and light industrial uses permitted in the BP zone. The potential advantages of this option are: 1) It provides increased leasing, property improvement, and development flexibility for small lots within the BP zone. 2) It would,be easier for staffto a'dminister eliminating the need for determining year of development for existing buildings; however, staff would still need to determine when the parcel was created. The potential disadvantage of this option is: 1) One or more office developments built prior to Federal Way incorporation are located on parcels larger than 1.5 acres and would remain nonconforming with regard to use. III. STAFF RECOMMENDATION Staff recommends that the following alternatives be recommended for approval to the City Council: Alternative Option B, Section II (A) of this staff report, which is to allow office use to utilize up to 50 percent of the total gross area of one or more buildings located on the same parcel in the BP zone. Alternative Option C, Section II (B) of this staff report, which is to allow office use as a stand- alone use only on parcels in the BP zone that are less than 1.5 acres in size, were platted prior to City. incorporation, and have not been under common ownership with a contiguous parcel since incorporation. These changes would require the addition of a new Use Zone Chart for Office Use under Business Park Zoning (Exhibit A). In order to clarify the existing Use Zone Charts, it is recommended that any reference to.the amount of either accessory office or accessory,retail use in the existing charts be removed and that consistent with other sections of the code, they be allowed as accessory uses to the principal allowed use pursuant to the definition of"Accessory" (Exhibit B). IV. 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, tile role of tile Planning Commission is as follows: Business Park Code Amendments Planning Commission Staff Report EXH I I I.~ i I .E-ilo #03-101'758-O0-UP/Doc~D23os? PAGE.. _I OF EXHIBIT.. PAGE 1,2 1. To review and evaluate the zoning code text regarding auy 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. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes tile compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-'528. Tile City may amend the text of the FWCC only if it finds that: Tile proposed amendment is consistent with the al)plicable provisions of tile comprehensive plan. The proposed FWCC text amendment is consistent with the following Federal I~ay Comprehensive Plan (FWCP) goals and policies: LUG5 Develop a quality business park area that supports surrounding commercial areas. LUP35 Encourage quality, mixed-use develolyment for office, manufacturing, and distribution centers. EDG6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. The proposed amendment bears a substantial relationship ~o public health, safety, or wel fa re. The proposed FWCC text amendment bears substantial rclatio'nship to the public health, safety, and welfare because it fi~cilitates the leasing and improvement of existing sites ofemploymeut within the City. 3. The i)rOlmscd amendment is in the best interest of the residents of the'City. Thc proposed I:WCC text amendment is in thc [)est interest of thc residents of thc City because it hcilitates development of new projects that would provide additional employment opportunities for citizens of Federal Way. Business Park Code Amendments Planning Commission Staff Report PAGE ........ ........ File #03- I 01758-00-Ui / oo~ ,D z3os* II ............ Page8 VI. PLANNING COMMISSION ACTION EXHIBIT__ . PAGE._J OF Consistent with tile provisions of FWCC Section 22-539, tile Planning Commission may take the following actions regarding the proposed zoning code text amendments: 1. Recommend bo City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Couficil adoption of tile FWCC text amendments as modified; 3. Recommend to City Council that the proposed FWCC text alnendments not be adopted; or 4. Forward the proposed FWCC text amendmeuts to City Council without a recommendation. VII. EXItlBITS Exhibit A - New Office Use Zone Chart Exhibit B - Example of Changes to Existing Charts q I:\l}OCUMF. N'l\Changcs to BI' Zone Charts\Phmning Commission Staff Report.doc/05/14/2003 1:41 PM Business Park Code Amendments Planning Commission Staff Report Fi le//03-101758-00-U P / r~ m 23057 Page 9 EXHIBIT A This entire land use chart is new; therefore, it has not been underlined. 22-872 Office use. The followin~ uses shall be permitted in the business park (BP) 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 Minimum~ Required Yard~ ~ ZONE o ~ ~' BP USE ~ g ~ ~ 5 ~ ~ '- ~ ~ ~ = o a SPECIAL REGULATIONS AND NOTES Office use Process 1I 1.5 25 Ii. 20 R. 20 Ii. 40 Ii. Determined. . Ofllce use may not exceed 50 percent of the total gross floor area of all buildin~s on any parcel that is 1.5 acres or Possible acres or above on a case- greater in size. Process III 35 ft. [20 ti. ]20 fi. average by-case 2. Office use may be allowed ou any parcel that is less than 1.5 acres; provided: See building basis a. The lot lines defining the lot were lawfully created prior to March 1, 1990; and See note 3 notes 1 or elevation b. The applicant has not owned any contiguous lot or lots since March 1, 1990. ~ and 2 50 IL ~20 1~. [0 1i. 3. If approved through process III, the height ora structure may exceed 40 R. above average building elevation, to a See notes 4.5. and 8 See notes maximum of 55 R. if all oftbe Following criteria are met: ~ 3 and 5 a. The additional height is necessnw to accommodate the particular use conducted in the buildiug; aud b. The subject prope~y does not adjoin a residential zone; and ,.~ c. Each required yard abutting the structure is increased one ~. for each one R. the structure exceeds 35 fi. above average ~ building elevation; and 2."' d. The incre~ed height will not block views designated by the comprehensive plan; and e. The increased height is consistent with goals and policies for the area of the subject property ns established by t comprehensive plan. ~ 4. Front yard setback: 25 R. ifentw is visible from right-of-way and front facade is 15% glas; 35 R. if landscape bu~ and sto~water facilities are located in the front yard or 50 fi. if parking and driving areas are located in the front ya~ ~ 5. If any potion ora structure on the subject propeay is within 100 R. ora single-family residential zone, then that of the structure shall not exceed 30 R. above aNerage building elevation and the structure shall be set back a minima ~ of 20 R. from the prope~y line of the residential zone. 6. No maximum lot coverage is established. Instead, the buildable area will be determined by other site developmenl ' requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 7. For community design guidelines that apply to the projech see A~icle XIX. 8. For landscaping requirements that apply to the project, see A~icle XVII. 9. For sign requirements that apply to the project, see A~icle XVIII. 10. Refer to ~ 22046 et seq. to determine what other provisions of this chapter may apply to the snb ect prope~y.. ~ Proee~ I. II, III and IV are described in ~ ~ For other information abo,t parking and parking areas, see ~ 22-1376 et seq. ~ 22-351 -- 22-356. 22-361 -- 22-370 For details of what may exceed tiffs height limit, see 5 22-1046 eL seq. 22-431 -- 22-460. respect ix cb. For detail* regarding requked yards, see ~ 22-1131 e~ seq. EXHIBIT B 22-862 Photographic, communication and research. The f011owin uses shall be permitted in the business park (BP) zone subject to the regulations and notes set forth in this section: USE ZONE CHART m DIRECTIONS: FIRST. read down to find use . THEN, across for REGULATIONS 7'_ Minimums ;.'" Reqtfired Yards ZONE : ~ ~ BP USE =,_ z ~ = ~ .=~ g - '- SPECIAL REGULATIONS AND NOTES Commercial or Process" 1.5 25 ff. 20 i~ 2~ ff. 40 1t. D'etermined 1. Ir'approved through process II1, the height cfa structure may exceed 40 IL above average building elevation, to a industrial II acres or above on a case- maximum of 55 fl. if all of the following criteria are met: by-case a. The additional height is necessa~ to accommodate the pamicular use conducted in the building: and photography, Possible 35 tL ~20 tL }20 tL" average cinematograph,',' Process Sec note building basis b. The subject prope~y does not adjoin a resiSential zone; and or elcvatior~ c. Each required yard abutting the structure is increased one ~. For each one tt. the structure exceeds 35 I't abox c average andy;dec III ~l~ 50f[. ~20 ft. [0Il. building elevation; and production See notes o 8 4 and See notes d. The increased beigbt will not block views designated by the comprehensive plan; and Broadcast studios See note ~' - 1 g 2 I and 5 ~ e. The increased height is consistent with goals and po c es for the area of the subject property as established by thc comprehensive plan. Research and 2. Front yard setback: 25 ~. ifent~ is visible from right-of-way and front Ihcade is 15% glass; 35 ft. il'landscape bul%r and development stormwater fhcilities are located in the front yard or 50 ~. if parking and driving areas are located in the front yard facilities n i l,~r ,hl ' ' ~ '~q~ . .. m~ ~ ............ ~l~r~q~} ............. ~ ~ .; ............ = ~wever~ th ~~.s~~ of 59% of the gross ~ ~ & 3~ The subject property must be designed so that truck parking, loading and maneuvering areas; areas where noise generating outdoor uses and activities may occur; and vents and similar features are located as fkqr as possible I?om ~ ~ residential zone and secondarily, from any public right-of-way. & ~ If any po~ion cfa structure on the subject prope~y is within I00 R. of a single-family residential zone. then th~i~'-- ~ ~ ~ of the structure shall not exceed 30 R. above average building elevation and the structure shall be set back a minbnu~0~ fl. from the prope~y line of the residential zone. ~]~' C~? & 5. No maximum lot coverage is established. Instead, the buildable area will be detemined by other site dcvclopm ~ _ requirements, i.e., required buffers, parking Io[ landscaping, surface water facilities, etc. ~ ~ 6~ For community design guidelines that apply to the project, see Article XIX. ~ & 7=Forlandscapingrequirementstbatapplytotheproject, seeA~icle XVII. ~ ~ 8. For sign requirements that apply to the project, see Article XVIII. . ,.. ~ Refer to ~ 22-946 et seq. to determine wbat other provisions of this cbapt[r may apply to the su~}cct propcrU'. --}.. ~. 10~ The development must contain at least 1.5 acres; provided, however, this use may be conducted on a lot of moo } a. The lot lines defining the lot were lawfully created prior to March I, 1990; and ~ : b. The applicant has not owned any contiguous lot or lots since March I, 1990. ........... ~o~.=.. gtfid~m~ty '~ ~ ..... ;~ see I information about parking and parking areas, see 5 22-1376 et seq. ~cess L Il. HI and W are described in ' . For other 22-361 -- 22-370 " For details of what may exceed tiffs height limit, see ~ 22-I 046 et. seq, 22-386 -- 22-411. . .... I 22~31 -- 22-460, respectix cb. For details regarding required yards, see ~ 22-1131 el seq. (Ord. No, 96-270. § 5.7.2-96: Ord No. 97-291, § 3, 4-I-97: Ord. No. 99-333, § 3. 1-19-~9) EXHIBIT 2 This enfire land use chart is new; therefore, it has not been underlined. 22-872 Office use. The followin~ uses shall be permitted in the business park (BP) 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 t M in imu n'is ' Rel uired Yards :,: ZONE = ~' BP USE ~ ~ g ~ S ~ ~ = = = ~ SPECIAL REGULATIONS AND NOTES Office usc process I1 I5 25 ft. 20 Ii. 20 I~. 40 Ii. I)ctcrmincd I. Office use may not exceed 50 percent of thc total gross fl~r area of all buildings on any parcel that is 1.5 acres or greater Possible acres or above on a case- size. Process III B5 ~. 1201~. 120 1~. avcragc by-case 2. Otlice usc may be allowed on any parcel that is less than 1.5 acres; provided: Sec building basis a. The lot lines defining the lot were lawlhlly created prior to March 1, 1990: and See note 3 notes I or . clcvation b. The applicant bas not owned any conti~ous lot or lob since March I, 1990. and 2 50 ~. ]20 IL I© iL 3. If approved through process Ill, the height of a structure may exceed 40 tt. above average building elevation, to a maximum See notes 4, 5. and 8 See notes 3 of 55 tl. if all ol'tbe tbllowing criteria are met: and 5 a. The additimal hci~t is necessary to accommodate tbe pa~icu~r usc conducted in the building: and ~ b. The subject propemy d~s not a{join a residential zone; and c. Each required yard abuttingtbe structure is increased one 1t. tbr each one 1i. the structure exceeds 35 II. above axcragc ~ building elevation; and ~ d. The increased beirut will not block views desi~mted by the comprehensive plan; and e. The increased bei~at is consistent with goals and policies for the area of thc subject property as established by thc ~ comprebensim plan. - ~ 4. Front yard setback 25 1t. il'entry is visible l?om ri~t~l~way and front Ihcade is 15% glass: 35 1i. if landscape bul'l~r stormwater tSqcilitics are located in the front yard or 50 ~. if parking and driving areas are located in thc front >ard. 5. If any portion of a structure on the subject prope~y is within 100 ~. of a single-fiqmily residential zone, then that portion~ the structure shall not exceed 30 It. above average building elevation and the structure shall be set back a minimum from the property line of the residential zone. ' 6. No maximuna lot coverage is established. In'stead, the buildable area will be determined by other sitc dexclopment ' requiren<nts, i.e., required buffers, parking lot landscaping surface water/~qcilities, etc. 7. For community desi~ guidelines tbat apply to the project, see Article XIX. ' ' , 8. For landscapingrequiren<nts that apply to the project, see A~icle XVII. 9. For sign require~mnts that apply to the project, see A~icle ~111. ] 10. RefEr to ~ 22-946 et seq. to determine what otber provisions of this chapter may apply to the sub)oct property.. ,[ [ Pro ess 1. Il. III and IV are described in ~ For other infommtion about parking and parking areas, see ' 22-1376 et seq. ;" 22-351 C 22-356. I 22-361 C _,-o ~0 For detfiils of what may exceed this height limit, see ~-1046 et. seq. 22-386 C 22-a11. 22-431 C 22-460. respect ix el>. For details regarding required yards, see ' 22-1131 et seq. X EXHIBIT 3 22-862 Photographic, communication and resem'ch. the ulations and notes set £orth in this section: The following uses shall be permitted in the business park I, mr) zmttz ~uvl~t ~ -*~ *~b USE ZONE CHART z 'DIRECTIONS: FIRST. read down to find use... THEN, across 13r REGULATIONS z Minimums = Re( fired Yards ZONE ~ ~ ~ B~ '5 .~ ~ = ~ ~ ~' ~ g~ SPECIAL REGULATIONS AND NOTES USE ~ g ~ ~ ~ . ~ ~ ~ ~' ,25 20 fl. 4(/ IL l)ctcrmincd I. lfapprovcd through process Ill, the height of a structure may exceed 40 fl. above averaee build:tm clcx at:on, to a maximum of Commercial or Process , Ii. 20 ['t. ~ above on a case- 55 IL if all of the lbllowing criteria arc met: 'industrial I1 ac~ cs or ~y-casc a. The add:ritual iciest is necessary to accommodate the pa~icubr use conducted in the buildine: and >hotograph>, PossiNc 35 t't [20 ft. 120 ft. average buildin~ msis b. The subject property docs not adjoin a residential zone; and cinclllatogrflph} Process 5cc note or ' and video III ~ 10 50 ft {20 ft [() li. elevation c. Each required yard abuttingthc structure is increasedoue It. lbr each one fi. lbo structure exceeds 35 fl. aboxc axcra~c ~ building dcvation: and )roductim Sec notes 2.5 4 and Sec notes I d. The increased height will not block views desi~mted by the comprchcnsim pkm; and Broadcast studit~ Sec note 8 2 and 5 J c. The incrcased height is consistent ~vith goals and policies for tim area of the st ~ject property us csmblishcd by thc comprehensim plan. Research and 2. Front yard setback 25 fi. if entry is visible from ri~t4t:way and front lkqcadc is 15% glass; 35 It. if hmdscapc buflkr and development stormwater facilities are located in the front yard or 50 ~. if parking and driving areas are located in the flout yard. gcilities ~ ~ ~,a~,,~ ...... , ~-, ....... may ~:.~ ~: an acc:sscD c ............ = ........................... = ................................ ~ 3. The subject propeay must be desired so that truck park:ns loading and maueu~ring areas: areas where noise generating out~r uses and activities may occur; and vents and similar features are located as ilar as possible from an> rcsidemial zone and secondarily, from auy public ryat~f-way. ~ & 4. If any portion of a structure on the subject property is ~vithin 100 fl. ora single-Family residential zone. then that portion of ) ~ ~ the s~ructure shall not exceed 30 Il. above average building elevation and the structure shall be set back a minimum of 2~fi'~ ~ the property line of the residential zone. ~ ~ ~ ~ No max:mt n lot coverage is established. Instead. the buildable area will be deterniued by other site dcxc o vncn ~,, requircnrnts, i.e., required bul'l~rs, parking lot landscaping surt~ce water fi~cilitics, crc. _--. ~ 6. For comnmnity desi~ guidcliues that aplJly to the project, see Article NIX.m ~ ~ For landscapingrcquiremcnts that app y to the project, see Article XVll. ~ ~ Re E~to ~ 22-946 et seq. to determine what o[ber provisious of this chaptcrhmy apply to the sub]cot propcrb. ~. I 0 "he development must contain at least 1.5 acres; provided, however, this usc may bc conducted on a lot of i a. T]e lot liaes dcliningthc lot were lawlhlly created prior to March 1, 1990: and b. The applicant bas not owned any conti~ous lot or lots since March I, 1990. P~cess I, II. III and IV are described in ,. For other intbnnation about parking and parking areas, see ' 22-1376 et seq. __ . ~ ~ '7 . For de/ails ofwhal may exceed dfis he:alu limit, see ' 22-1046 eL seq. *~-~61 ~ ,--.' 0 ' ' ~ 22-386 C 22-41 I. { 22-431 C 22-~60. respcc xc5 For details regarding required yards, sec ' 22-1131 et seq. (Ord. No. 96-270. ' 5. 7-2-96: O~d No 97-291. ' 3. 4-1-97: O~d. No. 99-333, ' 3.1-19-99) · I City of Federal Way PLANNING COMMISSION Regular Meeting EXHIBi ', ..... Ma5' 21 ~()0.~ City ltall 7:00 p.m. Cotmcil Chambers ,, MEETING SUMMARY Commissioners presenti John Caulfield, ltope Elder, Dave Osaki, Grant Newport, and Dini Duclos. Commissioners absent (excused): Maria Justus Foldi and Bill Drake. Alternate Commissioners present: Merle Pfeifer and Lawson Bronson. Alternate Commissioners absent (excused): Tony Moore and Christine Nelson. Staff present: Cbmmunity Development Services Director Kathy McClung, Senior Planner Margaret Clark, Consultant Janet Shull, Deputy City Attorney Karen Kirkpatrick, Assistant City Attorney Karen Jorgensen, and Ad, ministrative Assistant E. Tina Piety. Chair Caulfield called the meeting to order at 7:00 p.m. APPROVAL OF SUMMARY A question arose regarding a statement in tile meeting summary and the Clerk of tile Commission was asked to review the tape and correct the statement if it is incorrect. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT Moved to the end of the meeting. COMMISSION BUSINESS PIJIILIC IIEARING ~ Changes to Business Park Use Zone Charts Cod~e Amendments It was mZ~'/c to open the Public I Icaring at 7:05 p.m. Ms. Clark intr~tuced Janet Shull of Janet Shull Designs who gave thc staff presentation. Thc City received two requests fi'om citizens to amend the Business Park zone to: 1. Allow more office si)ace per Icnant. 2. Allow existing nonconf{~rming single tenant office buildings to be permitted outright. The requests wcm bclbre thc City Council and ~vcrc deemed to have merit. Ms. Shull presented three options Ibr each request, which arc outlined in thc staff report. In order to eliminate confusion, staff developed a new usc zone chart for office in Business Park (BP) (Exhibit A in the staff report). Therefore, Ir. :~l'lalming Commission~OOl'~M ccllng .qmt~lllafy O5-21 -O] doc EXH PAGE Planning Commission Summary Page ...... --:I*Ilt7-'21;' 200-3 PAG E__I_ O the notes pertaining to office use are to be removed from the other BP use zone charts (Exhibit B in the staff report). Staff developed three options in response to each request (see the Staff Report). In response to request # 1, the staff recommendation is Option B: Allow office use to utilize up to 50 percent of the total gross area of one or mor. e buildings located on the same parcel in the BP zone. This is a change from en~phasis on the tenant to the building/parcel. Meaning that a building/parcel could have one or more tenants that are solely office, and others that are light industrial, so long as the office tenant(s) occupy no more than 50 percent of the building/parcel. In response to request//,2, the staff recommendation is Option C: )~ Allow office use as a stand-alone use only on parcels in the BP zone that are less than 1.5 acres in size, were platted prior to incorporation, and are not under common ownership. In their research, staff discovered that many parcels in the BP zone are less than 1.5 acres in size and many of those are stand alone bffice use. They are currently legally nonconforming and'this amendment would make them conforming. Staff feels it is important to have some land in the City dedicated to light industrial use, which is why they applied this amendment to parcels less than 1.5 acres in size. The Commission asked how many parcels exist outside the BP zone for office and what input could this have on them? Staff replied that they do not have this information, but they know that there is vacant office space. If BP were to be fully opened up to office, this could have an impact on other, office zones. The Commission opened the hearing to Public Testimony. Bob Hart, Fedway Associates IILP - He stated there would be design issues when converting a building designed for industrial use to one for office use. The parking is less for industrial, there are loading docks, and the buildings tend to be longer with fewer windows. He said the staff/Commission should not designate a percentage for office use. The amount of office needed is different for different buildings. Some may only need about 10 percent of their building for office; others may need 70 percent for office. Lawson Bronson, Alternate Planning Commissioner - He commented that all u~es in place before the City incorporated should be grandfathered. They should be considered conforming and allowed to make any improvements they want and/or need. If the type of business changes, then they should be-required to conform to the current zoning code. The Commission expressed concern that under the staff recommendation, there would still be nonconforming office use in the BP zone. Staff responded that to their knowledge, there is only one parcel that would remain nonconforming under this code amendment. Commissioner Elder commented that office is our strength in this City. We should allow the market to dictate and therefore allow office ,without restrictions in the BP zone and thereby, build upon our strength. It was m/s/c (four yes, one no) to adopt the staff recommendation (Request #1, Option B), to allow office use to utilize up to 50 percent of the total gross area of one or more buildings located on the same parcel in the BP zone. It was m/s/c (four yes, one no) to adopt the staff recommendation (Request #2, Option C), to allow office use as a stand-alone use only on parcels in the BP zone that are less than 1.5 acres in size, w~re platted prior to incorporation, and are not under common ownership. PAGE Planning Commission Summary ~ May-2-1,-2003- - PAGE_ The Public Hearing was closed at 8:12 p.m. The Commission asked if there was intent to review the BP zone? Staff replied that the City Council has approved a review of the BP zone that will look at such items as the mix of uses, traffic concerns/impacts, economic development, and more. The Commission feels strongly that the BP zone needs to be reviewed for intent, uses, and best interest for the City. They also feel the trigger for nonconforming needs to be reviewed. Many of the is,sues they see deal with nonconforming and how the changes/improvements owners want to make exceed the trigger. It may be that the trigger should be changed. - ADMINISTRATIVE REPORT Ms. McClung introduced Karen Jorgensen, the City's new Assistant City Attorney. Ms. Jorgensen will be working with Community Development. Ms. MeClung commented that the staff is in full agreement with the Commission on revie~wing the BP zone. The next Planning Commission meeting will be June 18 and' the topics will be oversized vehicles and a presentation on Robert's Rules of Order. We will also meet July 2, unless there will not be a quorum. She asked Commissioners to let her know whether they will be in attendance or not. We h~ive completed the 2002 Comprehensive Plan updates and will be starting the 2003 very soon. At this point, the staff only has specific parcel requests to review, no changes to chapters. Different City departments are working on aspects that if they are completed, we may have chapter updates for the comprehensive plan. The PAA study continues and we hope to be done by the end of the year. We have selected a consultant for the Downtown Planned Action SEPA. Improvements have been made to the City's Geographic Information System. We will let you know when a presentation on the improvements will be given to the LUTC so you may come to the meeting, or watch it on TV. Kitt's Comer is slowly making process. Ms. McClung met with them last week. The City will begin to accept application for Passports in June. The Volunteer Banquet is Friday, May 30. ADDITIONAL BUSINESS None. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 8:25 p.m. Summary 05-21 -O3.doc/last pr*mt~ 5/28/2003 I.'04 PM EXHIBI] ......... 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 (BUSINESS PARK 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 C. ity of Federal Way finds that amending FWCC Chapter 22 (Zoning) to allow office use in the Business Park (BP) zone is necessary to respond to changing market conditions, to provide for more flexibility in the location of office development, and to address existing offices in the BP zone; 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 May 21, 2003, and forwarded a recommendation of approval to the City Council; WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered these code amendments on June 2, 2003, following which it recommended adoption of the text amendments; and WHEREAS, the City Council finds that the code amendments relating to allowing office use in the Business Park (BP) fire 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. NOW, TltEREFORE, TIlE CITY COUNCIL OF TItE CITY OF FEDEICM. WAY DOES ItEREBY ORDAIN AS FOLLOWS: Ord No. 03 - , Page ! PAGE.--/.- Section !. Findings. After 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: LUG5 Develop a quality business park area that supports surrounding ~.commercial areas. LUP35 . Encourage quality, mixed-use development for office, manufacturing, and distribution centers. EDG6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. The proposed amendments bear a substantial relationship to public health, safety, or welfare because they facilitate the leasing and improvement of eXisting sites of employment within the City. and The proposed amendments are in the best interest of the residents of the City because they will supplement existing Use Zone Charts and clarify other Use Zone Charts. The proposed amendments will also facilitate development of new projects that would provide additional employment opportunities for citizens of Federal Way. 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 ~ircumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ord No. 03 - , Page 2 EXHIBI'" PAGE__2 EXHIB, .... . . _ ~ .. 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: MAYOR, JEANNE BURBIDGE 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: I:L2002 Code Amendments\Changes to BP Zone\LUTCkAdoption Ordinance.doc/05/28/2003 12:30 PM Ord No. I)3 - , Page 3 EXHIBi-i._. ,~' PAGE~O F~,'~ rn Developed Parcels 9.0 7.5 6.0 4.5 3.0 1.5 .00 1 3~ 5 7 9 11 13 15 17 19 2123 25 27 29 31 33 35 37 39 41 43 45 47 49 51 53 # of parcels 15.0 13.5 12.0 10.5 9.0 7.5 6.0 4.5 3.0 1.5 0.0 Vacant Parcels 1 2~3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 # of parcels Developed Parcels 12.0 10.0 8.0 ,- 6.0 4.0 ..~<1' 2.0 1 3', 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 51 53 ~c~ .-' ~ of parcels ITl '1 16.0 14.0 12.0 10.0 8.0 6.0 4.0 2.0 0.0 Vacant Parcels 1 2'3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 # of parcels EXHIBIT F This entire land use chart is new. 22-872 Office use. The following uses shall be permitted in the business park (BP) 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 z ZONE ~ BP USE ~, ~ ~ ~ .o -g ~ '~ E SPECIAL REGULATIONS AND NOTES Office use Process II 4-3 25 ft. 20 ft. 20 ft. 40 ft. Determined 1. Office use may not exceed 50 percent of the total gross floor area of all buildings on any parcel that is 4-.-3 _2 acres or greater Possible acres or above on a case- tn size. ProcesslII 35ft. 120ft. 120ft. average by-case 2. Office use may be allowed on any parcel that is less than-1-.5 _2 acres; provided: See or building basis a. The lot lines defining the lot were lawfully created prior to March 1, 1990; and See note 3 notes I elevation b. The applicant has not owned any contiguous lot or lots since March 1, 1990. I I'l 'and2 SOft. {20ft. lOft. 3. If approved through process III, the height of a structure may exceed 40 ft. above average building elevation, to a maximum X See notes 4, 5, and 8 See notes 3 of 55 ft. if all of the following criteriaare met: and 5 a. The additional height is necessary to accommodate the particular use conducted in the building; and b. The subject property does not adjoin a residentialzone; and '" c. Each required yard abuttingthe structure is increased one ft. for each one ft. the structure exceeds 35 ft. above average ~ building elevation; and ~ d. The increased height will not block views designated by the comprehensive plan; and "'~'- [ e. The increased height is consistent with goals and policies for the area of the subject property as established by the comprehensive plan. ~ 4. Front yard setback: 25 ft. if entry is visible from right-of-way and front facade is 15% glass; 35 ft. if landscape buffer and ~ stormwater facilities are located in the front yard or 50 ft. if parking and driving areas are located in the front yard. 5. If any portion of a structure on the subject property is within 100 fi. of a single-family residentialzone, then that portion of the structure 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 residentialzone. 6. 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 water facilities, etc. 7. For community design guidelines that apply to the project, see Article XIX. 8. For landscapingrequirements that apply to the project, see Article XVII. ~ 9. For sign requirements that apply to the project, see Article XVIII. 10. Refer to § 22-946 et seq. to determine what other provisions of this chapter ma), appl~ to the subject propert)'.. Process I, II, 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 (2 22-370 For details of what may exceed this height limit, see ' 22-1046 et. seq. 22-386 ¢ 22.411, 22.431 (2 22-460, respectively. For details regarding required yards, see ' 22-I 131 et seq. File #03-10175g-vO-UP ~c ID 23~58 EXHIBIT G 22-862 Photogr~aphic, communication and research. The following uses shall be permitted in the business park (BP) 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 Z Minimums pi Re~ uired Yards < ZONE ~1 ~ ~ BP USE '~ ._.q o, ,~ ~ ~ ~. ~ ~o*' · ~ .~ ._~' ~ '~ ~ SPECIAL REGULATIONS AND NOTES Commercial or Process 1.5 25 fi. 20 fi. 20 fi. 40 ft. Determined I. If approved through process IU, the height of a structure may exceed 40 ft. above average building elevation, to a maximum of industrial II acres or above on a case- 55 ft. if all of the following criteriaare met: photography, Possible 35 ft. 120 ft. 120 ft. average by-case a. The additimal height is necessary to accommodate the particular use conducted in the building; and cinematography Process See note or building basis b. The subject property does not adjoin a residentialzone; and and video III 44 10 c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 35 R. above average production -- 50 ft. ]20 ft. [0 ft. elevation building elevation; and Broadcast studios See note See notes 2, $ 4 and See notes 1 d. The increased height will not block views desiguated by the comprehensive plan; and 1 8 ?_ and -5 4 e. The increased height is consistent with goals and policies for the area of the subject property as established by the Research and comprehensive plan. development 2. Front yard setback 25 fi. if entry is visible from right-of-way and front facade is 15% glass; 35 ft. if landscape buffer and facilities stormwater facilities are located in the front yard or 50 fi. if parking and driving areas are located in the front yard. 2 Under this sectim this use ma;, ................... j ............... ~, accesse, y reta!l sales and se.'".'!ce fac!lit!es utilizing no more than 29% of the gross floor area ofth!s use; provided, however, that ffi ~ 3~ The subject property must be designed so that truck parking, loading and maneuvering areas; areas where noise generating X outdoor uses and activities may occur; and vents and similar features are located as far as possible from any residential zone and secondarily, from any public right-of-way. &. 4~ If any portion of a structure on the subject property is within 100 ft. of a single-family residential zone, then that portion of the structure shall not exceed 30 fi. above average building elevation and the structure shall be set back a minimum of 20 fi. from ~ the property line of the residentialzone. ~ &.. 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 water facilities, etc. ~ 6~ For community design guidelines that apply to the project, see Article XIX. 8:. 7_. For landscapingrequirements that apply to the project, see Article XVII. i~ , 9: 8. For si~ requirements that apply to the project, see Article XVIII. ~ 9~ Refer to § 22-946 et seq. to determine what other provisions of this chapter,may apply to tl~e subject property. 44-. 10~ The development must contain at least 1.5 acres; provided, however, this use may be conducted on a lot of any size if: , a. The lot lines defining the lot were lawfully created prior to March 1, 1990; and b. The applicant has not owned any contiguous lot or lots since March 1, 1990. :ocess I, II, IH and IV are described in ,, For other information about parking and parking areas, see ' 22-1376 et seq. ' ' 22-351 ¢ 22-356, 22-361 C 22-370 For details of what may exceed this height limit, see ' 22-1046 et. seq. 22-386 ¢ 22411, 22431 C 22-460, respectively. For details regarding required yards, see ' 22-I 131 et seq. (Ord. No. 96-270, ' 5, 7-2-96; Ord. No. 97-291, ' 3, 4-1-97; Ord. No. 9%333, ' 3, 1-19-99) File//03 - I 017 $ 8-O0-UP DoclD 23060 There are no attached agenda packet materials for the Demonstration of G]:S Napping System CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM To: FROM: VIA: RE: DATE: Eric Faison, Chair Land Use and Transportation Committee Deb Barker, Associate Planner David ~anager Pena Preliminary Plat Application No. 01 - 104415-00-SU June 4, 2003 STAFF RECOMMENDATION Staff recommends the Land Use and Transportation Committee forward to the City Council a recommendation approving the Pena preliminary plat with conditions, based on the findings and conclusions in the June 3, 2003, Recommendation by the Federal Way Hearing Examiner. II. SUMMARY OF APPLICATION The applicant requests approval of a 7-lot residential subdivision, as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," subject to City Council approval. III. REASON FOR COUNCIL ACTION Pursuant to FWCC Chapter 20, "Subdivisions," the City Council issues a final decision at a public meeting, after review of the Hearing Examiner's recommendation. Consistent with City procedures, preliminary plat applications are brought to the Land Use and Transportation Committee for review and recommendation prior to review by the full Council. IV. HEARING EXAMINER'S RECOMMENDATION On June 3, 2003, the Federal Way Hearing Examiner issued a Recommendation to approve the proposed preliminary plat (Exhibit A). The Hearing Examiner's recommendation includes all conditions recommended by staff. The Examiner's recommendation was issued following consideration of a staff report (Exhibit B) and testimony presented at the May 19, 2003, public hearing, and is subject to the following conditions: Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Final storm drainage engineering plans shall comply with the following: Engineering plans for the Pena Preliminary Plat must depict the re-grading of the Belle Meadow bioswale and the removal and replacement of the concrete divider as recommended by the revised TlR. The work must be reviewed and approved by City staff. The improvements must be inspected and approved by City staffprior to final plat approval for the Pena Subdivision. Bo If, for any reason, the required improvements to the Belle Meadow storm drainage facility are not constructed, the applicant will be required to construct a storm drainage facility in conjunction with Pena Preliminary Plat construction. PROCEDURAL SUMMARY November 19, 2001 May 30, 2002 August 7, 2002 August 14, 2002 November 16, 2002 May 19, 2003 June 3, 2003 June 16,2003 Pena Preliminary Plat date of application for 15-lots on 4 acres Revised to 7 lots on 1.44 acres Date application determined complete Public Notice of application issued Environmental determination issued Hearing Examiner Public Hearing (Pursuant to FWCC Section 22-126, the Hearing Examiner issues a recommendation to the City Council.) Hearing Examiner issues recommendation of conditional approval of preliminary plat to the City Council City Council Land Use and Transportation Committee meeting (This committee forwards a recommendation to the full Council for a decision at a public meeting [see Section VII, below].) VI. DECISIONAL CRITERIA Pursuant to FWCC Section 20-127, the scope of the City Council review is limited to the record of the Hearing Examiner public hearing; oral comments received at the public meeting (provided these do not raise new issues or information not contained in the Examiner's record); and the Examiner's report. These materials shall be reviewed for compliance with decisional criteria set forth in FWCC Section 20-126(c), as noted below: VII. 1. Consistency with the Federal Way Comprehensive Plan; 2. Consistency with all applicable provisions of the FWCC, including those adopted by reference from the comprehensive plan; 3. Consistency with the public health, safety, and welfare; 4. Consistency with the design criteria listed in section 20-2; and 5. Consistency with the development standards listed in sections 20-151 through 157, and 20-178 through 20-187. Findings and conclusions that the application is consistent with these decisional criteria are set forth in the Hearing Examiner's report and recommendation. COUNCIL ACTION The Federal Way City Council's review of the application is limited to the record of the hearing before the Hearing Examiner, oral comments received during the Public Meeting (so long as those comments do not raise new issues or information contained in the examiners record), and the Examiner's written report. The City Council may receive new information not in the record pursuant to FWCC Section 20-127(13). A draft resolution recommending approval of the proposed application as recommended by the Hearing Examiner is included as Exhibit C. After consideration of the record, the City Council may, by action approved by a majority of the total membership, take one of the following actions, pursuant to FWCC Section 20-127: 1. Adopt the recommendation; or 2. Reject the recommendation; or 3. Remand the preliminary plat back to the Hearing Examiner pursuant to FWCC Section 20-127(b); or 4. Adopt their own recommendations and require or approve a minor modification to the preliminary plat pursuant to FWCC Section 20-127(d). EXHIBITS A. Hearing Examiner Recommendation, June 3, 2003 B. Staff Report to Hearing Examiner, May 5, 2003 C. City Council Draft Resolution for Pena Preliminary Plat Approval APPROVAL OF COMMITTEE REPORT Eric Faison, Chair Michael Park, Member Dean McColgan, Member Page- 1 CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: PRELIMINARY PLAT OF PENA FWHE# 03-04 FW File #01-104415-00-SU I. SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval of a seven lot residential lot subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions", and requiring approval pursuant to FWCC Section 20-110. II. PROCEDURAL INFORMATION Hearing Date: Decision Date:' May 19,2003 June 3,2003 At the hearing the following presented testimony and evidence: 1. Deb Barker, City of Federal Way, Associate Planner Stuart Scheuerman, ESM Consulting Engineers, 720 S. 348th St., Federal Way, WA 98003 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments 2. Power Point Presentation III. FINDINGS The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. EXHIBIT_- PAGE.J_._OF Page - 2 The Community Development Staff Report sets forth general fin(lings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. All appropriate notices were delivered in accordance with the reqQirements of the Federal Way City Code (FWCC). The applicant has a possessory ownership interest in a rectangular, unimproved 1.44 acre parcel of property abutting the south side of SW 344"' Street and the east side qf 21't Avenue SW within the City of Federal Way. The site abuts 21st Avenue SW for approximately 100 feet and SW 344t~ Street for approximately 550 feet. 18t" Avenue SW abuts the parcel's east property line and SW ..44t" Place abuts the eastern 80% of the south property line. The applicant requests preliminary plat approval to allow subdivision of the site into seven single-family residential lots with a minimum lot size of 7,205 square feet and a maximum lot size of 9,224 square feet. The preliminary plat map shows that Lots 3 through 7 will access directly onto SW 344th Place and that Lots 1 and 2 will have a common driveway access onto said street. Thus, the plat will have no internal roads and no access onto 21st Avenue SW or SW 344th Street. The site and abutting properties in all directions are located in the Residential Single-Family (RS-7.2) zone classification which authorizes single-family residential homes on minimum lot sizes of 7,200 square feet. The Federal Way Comprehensive Plan designates the site as Single-Family - High Density. The preliminary plat complies with both the applicable zone classification and comprehensive plan designation. Abutting uses include a park and ride facility to the north, the approved preliminary plat of Belle Meadow to the south,, vacant property to the east across 18th Avenue SW, and vacant and single-family parcels to the west across 21st Avenue SW. The site contains Alderwood, gravely, sandy loam soils which are moderately well- drained and capable of supporting urban development. The site has a gradual slope rising from west to east at three to four percent and no steep slopes or other geologically hazardous areas. Vegetation consists of several conifer trees, apple trees and grass. Seven trees meet the definition of "significant" and the applicant will preserve all seven trees. EXHIBIT PAGE Page - 3 o o 10. 11. 12. 13. The site contains no wetlands or streams, and development will not impact the nearest wetland to the site which is more than 200 feet to the northeast. The site, formerly used for grazing and pastureland, does not support any endangered or threatened species of plants or animals. The site provides some habitat for rodents and songbirds. '~ The parcel, located in the western portion of the City, is in an area developing with single-family residential dwellings. To the south the plats of Belle Meadow and Keller will have single-family homes on lot sizes ranging from 7,205 to 9,442 square feet. -The site shows no open space and the applicant will make an in-lieu-of payment as approved by the City Director of Parks, Recreation, and Cultural Services in accordance with Section 20-155 FWCC. .. All lots are of rectangular shape and the average lot size measures 7,752 square feet. The applicant has shown building footprints on each lot and all lots will have adequate building area for a reasonably sized home. Vehicular access to the site is provided by 18th Avenue SW which extends south from SW 344~ Street, and thence by SW 344t~ Place which extends west from 18t" Avenue SW. As previously found, all lots will access directly onto SW 344"'. The applicant will install half-street improvements on the north side of SW 344t~ place and will include six foot wide sidewalks which will link to an existing sidewalk on 18th Avenue SW. The applicant will provide a ten foot wide, landscape buffer tract along the western side of the parcel adjacent to 21't Avenue SW and will plant street trees therein. Half-street improvements on SW 344th Place will include the deidication of 22 feet of additional right-of-way and the construction of eight feet of new pavement width which will combine with the existing 20 feet. The applicant, in addition to the sidewalk, will install a vertical curb and gutter, four foot wide planter strip with street trees, and a three foot wide utility strip. Street lights will be installed on the south side of 344t" Place within the Belle Meadow subdivision. The applicant must also install street trees and vegetation within the southwest 344th Street right-of-way. School aged children residing in the plat will attend Sherwood Forest Elementary, Illahee Junior High, and Federal Way Senior High School. Junior and senior high students will receive bus transportation as said schools measure more than one mile from the site, but elementary school students will walk to school. The applicant prepared a school access analysis which identifies a safe walking path of travel for elementary students walking to and from school. The applicant must pay school EXHIBIT Page - 4 14. 15. 16. 17. impact fees as authorized by City Ordinance at the time of building permit issuance which presently equals $3,894.00 per single-family housing unit. While the plat proposes no open space or community parks, the Keller subdivision, currently under construction, will provide a future park which will ~,ontain a picnic area and play equipment and will also provide both pedestrian and bicycle connections to the existing BPA trail to the east. An additional access to the BPA trail is located approximately one-half mile to the east through the Park Lane Estates subdivision. The park and ride facility contains a pedestrian walking trail and Saghalie Park is located approximately one mile to the northeast. The Lakehaven Utility District has verified that it has ability_to provide domestic water, fire flow, and public sewers to the site. The City Public Works Director approved the applicant's request to direct storm water runoff from newly created impervious surfaces to the Belle Meadow storm drainage facility located on the south side of SW 344th Place opposite Lots 5 through 7 of the plat. The applicant verified that the Belle Meadow Facility has sufficient pond capacity and water quality treatment for the two subdivisions. However, the applicant must regrade the bioswale, remove the concrete divider, and replace it in a manner to provide adequate residency time for storm water flows. All storm drainage facilities must be in place prior to final plat approval. Section 20-126(C) FWCC authorizes the Examiner to recommend approval of the proposed preliminary plat to the Federal Way City Council if the project satisfies the decisional criteria set forth therein. Findings on each criteria are hereby made as follows: Ao As previously found, the project complies with the Federal Way Comprehensive Plan which designates the property as "Single-family - High Density". The applicant proposes a single-family subdivision with minimum lot sizes of 7,200 square feet which is consistent with the comprehensive plan. The project is consistent with all applicable provisions of Chapter 20 FWCC, including those adopted by reference from the comprehensive plan. The applicant must comply with provisions of FWCC Chapter 18, Environmental Policies; Chapter 20, Subdivisions; Chapter 22, Zoning, and all other applicable codes and regulations. EXHIBIT Page- 5 As previously found, the project is consistent with the public health, safety, and welfare as it provides all facilities and services, safe walking conditions, and all factors set forth in RCW 58.17.110. Do As identified in the Staff Report, the project meets all design'¢riteria set forth in Section 20-2 FWCC. The proposed preliminary plat complies with all development standards listed in Sections 20-151 through 157, and 20-158 through 187 FWCC. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. The applicant has established that the proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public rights-of-way, potable water supplies, fire protection, sanitary waste, parks and playgrounds, schools and school grounds, and safe walking conditions. The proposed preliminary plat satisfies all criteria set forth in the FWCC and is consistent with the goals, policies, and objectives of the Federal Way Comprehensive Plan. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single-family residential subdivision in a growing area of the City. Therefore, the Federal Way City Council should approve the preliminary plat subject to the following conditions: Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Final storm drainage engineering plans shall comply with the following: Engineering plans for the Pena Preliminary Plat must depict the re- grading of the Belle Meadow bioswale and the removal and replacement of the concrete divider as recommended by the revised EXHIBIT-. PAGE OF Page - 6 TlR. The work must be reviewed and approved by City staff. The improvements must be inspected and approved by City staff prior to final plat approval for the Pena Subdivision. If, for any reason, the required improvements to the' Belle Meadow storm drainage facility are not constructed, the applicant will be required to construct a storm drainage facility in conjunction with Pena Preliminary Plat construction. RECOMMEI~DATION: The Federal Way City Council should approve the propose.d preliminary plat of Pena subject to the conditions contained in the conclusions above. DATED THIS 3rd DAY OF June, 2003. ~TEP'HEN K. CAUSSEAUX, J .i~,;,~ Hearing Examiner TRANSMITTED THIS 3r~ DAY OF June, 2003, to the following: Agent: ESM Consulting Engineers Inc. Stuart Scheuerman 720 South 348th Street Federal Way, WA 98003 Engineer: ESM Consulting Engineers Inc. Monty Bakken, P.E. 720 South 348th Street Federal Way, WA 98033 Owner: Fortunato Pena 1102-6282 Kathleen Ave. Apt 1102 Burnaby BC, Canada VSH4JH EXHIBIT_ - Page - 7 Othe rs: Paul Rice 29604 18th Avenue S. Federal Way, WA 98003 Somphane Saysanarogpue 29615 18th Avenue S. Federal Way, WA 98003 Tom Lawson 29609 - 18t~ Avenue S. Federal Way, WA 98003 City of Federal Way cio Chris Green P.O. Box 9718 Federal Way, WA 98063-9718 EXHIE!JT CITY COUNCIL REVIEW, ACTION Pursuant to Section 20-127, following receipt of the final report and recommendation of the hearing examiner, a date shall be set for a public meeting before the city council. % The city council review of the preliminary plat application shall be limited to the record of the hearing before the hearing examiner, oral comments received during the public meeting (so long as those comments do not raise new issues or information not contained in the examiner's record) and the hearing examiner's written repof't. These materials shall be reviewed for compliance with decisional criteria set forth in section 20- 126. The city council may receive new evidence or information not contained in the record of hearing before the hearing examiner, but only if that evidence or information: (i) relates to the validity of the hearing examiner's decision at the time it was made and the party offering the new evidence did not know and was under no duty to discover or could not reasonably have discovered the evidence until after the hearing examiner's decision; or (ii) the hearing examiner improperly excluded or omitted the evidence from the record. If the city council concludes, based on a challenge to the hearing examiner recommendation or its own review of the recommendation, that the record compiled by the hearing examiner is incomplete or not adequate to allow the city council to make a decision on the application, the city council may by motion remand the matter to the hearing examiner with the direction to reopen the hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the motion. After considering the recommendation of the hearing examiner, the city council may adopt or reject the hearing examiner's recommendations based on the record established at the public headng. If, after considering the matter at a public meeting, the city council deems a change in the hearing examiner's recommendation approving or disapproving the preliminary plat is necessary, the city council shall adopt its own recommendations and approve or disapprove the preliminary plat. As part of the final review, the city council may require or approve a minor modification to the preliminary plat if: (a) (b) (c) (d) The change will not have the effect of increasing the residential derasity of the plat; The change will not result in the relocation of any access point to an exterior street from the plat; The change will not result in any loss of open space or buffering provided in the plat; and The city determines that the change will not increase any adverse impacts or undesirable effects of the project and that the change does not significantly alter the project. EXHIBIT OF PAGE CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER PRELIMINARY PLAT OF PENA Federal Way File No. 01-104415-00-SU PUBLIC HEARING: May 19, 2003 FEDERAL WAY CITY HALL CITY COUNCIL CHAMBERS 33530 FIRST WAY SOUTH II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. Table of Contents General Information ............................................................................................................. 1 Consulted Departments, Agencies, and Public .................................................................... 2 State Environmental Policy Act ........................................................................................... 2 Natural Environment ............................................................................................................ 3 Neighborhood Characteristics .............................................................................................. 3 General Design ..................................................................................................................... 4 Transportation ...................................................................................................................... 4 Public Services ..................................................................................................................... 5 Utilities ................................................................................................................................. 6 Analysis of Decisional Criteria ............................................................................................ 7 Findings of Fact and Conclusion ......................................................................................... 8 Recommendation ............................................................................................................... 10 List of Exhibits ................................................................................................................... 11 Report Prepared by: Deb Barker, Associate Planner May 5, 2003 EXHIBIT ,, PAGE._[__OF GENERAL INFORMATION Project Name: Pena Preliminary Plat File No: 01-104415-00-SU Agent: ESM Consulting Engineers Inc. Stuart Scheuerman 720 South 348th Street Federal Way, WA 98003 Phone: 253-838-6113 Engineer: ESM Consulting Engineers Inc. Monty Bakken, P.E. 720 South 348th Street Federal Way, WA 98033 Phone: 253-838-6113 Owner: Fortunato Pena Action Requested: Staff Representative: Preliminary plat approval of a seven-lot residential lot subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," and requiring approval pursuant to FWCC Section 20-110. Deb Barker, Associate Planner, 253-661-4103 Staff Recommendation: Preliminary Plat Approval with Conditions Ao Co Description of the Proposal- The applicant proposes to subdivide a vacant 1,.44-acre lot into a seven residential single-family lot subdivision, with each lot having a minimum of 7,200 square feet and an average lot size of 7,500 square feet. The preliminary plat map, revised July 18, 2002, along with Existing Conditions Plan, Landscape Plan, and Preliminary Grading and Utility Plans by ESM Consulting Engineers are enclosed (Exhibit A). Location - The site is located in the western portion of the City, east of 21st Avenue SW south of SW 344th Street between 18th Avenue SW and SW 345th Place (Exhibit B). Parcel Nos. - The parcel number is 212103-9019. The legal description is on the plat map. Size of Property- The subject site has a land area of 62,659 square feet (1.44 acres). EXHIBIT.-.]L- PAGE Pena Preliminary Plat Hearing Examiner Staff Report File #01-104415-00-SU / Do~. I.D. ~1445 Page I E. Land Use and Zoning- Fo Direction Zonin~ Comprehensive Plan Existing Land Use Site RS-7.2' SF - High Density Vacant North RS-7.2 SF - High Density Park and Ride2. South RS-7.2 SF - High Density Belle Meadow Plat East RS-7.2 SF - High Density Vacant West RS-7.2 SF - High Density Vacant, SFR, and Right-of-Way Background- The preliminary plat of Pena was submitted on November 19, 2001, as a 15 lot residential single-family subdivision on 4.0 acres of vacant land. On May 30, 2002, the applicant revised the preliminary plat application to seven lots on 1.44 acres. The application for the seven lot preliminary plat was determined complete on August 7, 2002. II CONSULTED DEPARTMENTS, AGENCIES, AND PUBLIC The following departments, agencies, and individuals were advised of this application. Community Development Review Committee (CDRC), consisting of the Federal Way Community Development Services Planning and Building Divisions; Public Works Engineering and Traffic Divisions; Parks, Recreation, and Cultural Services Department; Department of Public Safety (Police); Federal Way Fire Department; Lakehaven Utility District; and Federal Way Public Schools. CDRC comments have been incorporated into this report where applicable. All property owners and occupants within 300 feet of the site were mailed notices of the complete preliminary plat application. The site was also posted and notice published in the newspaper and on the City's official notice boards. Co In accordance with the State Environmental Policy Act (SEPA) and FWCC Chapter 18, "Environmental Protection," all property owners and occupants within 300 feet of the site, and all affected agencies, were notified of the proposed action and the City's environmental decision. In addition, the site was posted and notice placed in the newspaper,and on the City's official notice boards. III STATE ENVIRONMENTAL POLICY ACT An Environmental Determination ofNonsignificance (DNS) was issued by the City of Federal Way for the proposed action on November 16, 2002 (Exhibit C). This determination was based on review of information in the project file, including the environmental checklist (Exhibit D), and staff evaluation of the environmental checklist for Pena (Exhibit E), resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment provided the applicant complies with the mitigation measures in the DNS. No comments or appeals on the SEPA decision were submitted to the City. xRS-7.2 = single family residential, 7,200 square foot minimum lot size. 2Zoning for this site is also SFR, single family residential. Pena Preliminary Plat Hearing Examiner Staff Report EXH! IT Page 2 IV NATURAL ENVIRONMENT Ao Soils - The 1973 King County soils survey map lists the soils type as Alderwood Gravelly Sandy Loam (AgB and AgC). Alderwood soils are characterized as moderately well drained soils that have a weakly consolidated to strongly consolidated substratum at a depth of 24 - 40 inches. Alderwood soils are described as capable for urban development, runoff is slow, and erosion hazard is slight. Typical soils excavation will occur with the street construction and for utility installation. The preliminary clearing and grading plan depicts clearing limits for construction of the following facilities: street right-of way and utility development. Bo Topography - The site has a gradual slope rising from the west to the east with approximately three to four percent of elevation change across the length of the site. The site does not have any steep slopes or any other geologically hazardous areas. Co Vegetation - The site, which contains several conifer and cedar trees as well as apple trees and grass, was originally used as pasture land. There are seven trees that meet the definition of significant according to the landscape plans submitted with the application. All of the significant trees are proposed to be retained with the proposal and tree replacement will not be required. Approval of the preliminary plat is subject to submittal and approval of a clearing plan and landscape plan pursuant to FWCC Section 20-158. City policy and FWCC Section 20-179 state that existing mature vegetation shall be retained to the maximum extent possible. Retained significant trees would be regulated under FWCC Section 22-1568, "Significant Trees," at the time of individual home construction. Do Wetlands - A category III regulated wetland approximately 0.2 acres in size and associated with the Twin Lakes Park and Ride property is located more than 200 feet northeast of the subject property. No impacts to the wetland are proposed with this project. Eo Wildlife and Habitat - The site, formally used as grazing and pastureland, do,es not support endangered or threatened sensitive species. The environmental checklist notes the site provides habitat for rodents and songbirds. Some of these will be eliminated or displaced by the construction activity, in addition to ongoing construction activity from the plat to the north. In addition, the introduction of human activities, including domestic animals, to the site may threaten the viability of any remaining habitat. V NEIGHBORHOOD CHARACTERISTICS These subdivisions are also known as Danville Station Division I and II. Vicinity- The property is situated in the western portion of the City, in a developing single- family residential area. The site is vacant. North of the subject site is the Twin Lakes Park and Ride facility. To the south, the plats of Belle Meadow and Keller are being developed with single-family residences on lots ranging from approximately 7,205 to 9,442 square feet.3 Vacant land is east of the site, and to the west. Developed residential lotsrangeEXHiBiT from Penn Preliminary Plat Hearing Examiner Staff Report File #01-10n~F~ Page 3 Bo approximately 9,300 square feet to three acres in size. The site is bordered on the west by 21 st Avenue SW, on the north by SW 344~ Street, 18th Avenue SW is on the east and SW 344th Place is to the south. Open Space -The applicant proposes to make a fee-in-lieu-of payment instead of providing on- site open space as provided for in FWCC Section 20-155. In a June 21, 2002 memorandum, the Parks Director approved the fee-in-lieu-of proposal. The payment will be used within Park Planning Area C. VI GENERAL DESIGN A. Lot Size/Density - The seven proposed Pena Preliminary Plat lots range in size from 7,205 to 9,224 square feet, with an average lot size of 7,752 square feet. Lot Layout- The proposed lots are of rectangular shape, and two lots gain access from a private access roadway. All building setback lines are depicted on the preliminary plat map, and each lot contains an adequate building area as required by the FWCC. Open Space - To provide adequate recreational opportunities commensurate with new residential development, FWCC Chapter 20, "Subdivisions," requires dedication of land on site for open space, or a fee-in-lieu payment. The applicant has proposed to make a fee-in-lieu-of payment instead of providing on-site open space. The Director of Parks, Recreation, and Cultural Services has approved this request. Subdivision Access andRoadway System -Vehicular access to the site is provided by existing streets, including 21~t Avenue SW, SW 344~ Street, and 18th Avenue SW as it extends south of SW 344th Street. Vehicular access from the subdivision to 21st Avenue SW or to SW 344th Street will not be permitted. Section VII of this report provides a detailed description of the proposed roadway system and improvements. Uo Pedestrian System - Half street improvements include six-foot wide sidewalks on the north side of SW 344th Place, which link to existing sidewalks on 18th and 20th Avenues SW. No direct pedestrian access from the subject site onto 21st Avenue SW is proposed. ~ Fo Landscape Buffers - In accordance with FWCC Chapter 20, "Subdivisions," landscape buffers are specified only when the plat is adjacent to an arterial street. The proposed plat is bordered on the west side by 21st Avenue SW, an arterial street. The applicant has depicted Tract A, a ten foot wide landscape buffer, located on the west side of the subject site to provide required buffering. The tract will be owned and maintained by the Homeowners Association in accordance with FWCC Section 20-178. Street trees, when mature, will contribute to visual buffering. Street tree requirements are described in Section VII-A of this report. VII TRANSPORTATION A. Street Improvements - Vehicular access to the seven lots will be provided by the widening of the north side of SW 344th Place between 18th Avenue SW and 20a Avenue SW. In accordance Pena Preliminary Plat File #01-~.~1~ Hearing Examiner Staff Report Page 4 with the FWCC, all street improvements must be dedicated as City right-of-way (except the private access tract) and improved to full street standards. The City's Traffic Engineer has reviewed the project and concluded that the proposed street layout of the Pena subdivision is consistent with the adopted codes and comprehensive plan in place at the time of the complete application. Half street improvements on SW 344th Place shall include dedication of 22 feet of additional right-of-way and the construction of eight feet of new pavement to combine with the existing 20 feet of pavement, for a total of 28 feet; vertical curb and gutter, a four-foot wide planter strip with street trees, a five-foot wide sidewalk, and a three-foot wide utility strip within a 52-foot wide local street right-of-way consistent with a type 'W' street. The Pena street improvements will connect to the improvements constructed in conjunction with the Belle Meadow subdivision. Streetlights are provided on the south side of SW 344m Place within the Belle Meadow Subdivision. On the north side of the preliminary plat, SW 344th Street is improved to full street standards of Type K, and includes four feet of pavement, a six-foot wide sidewalk, and six-foot wide planter strip with streetlights. The applicant is required to install street trees and vegetation within the right-of-way as depicted on the landscape plan. Vehicular access to lots 1 and 2 shall be provided via a 30-foot wide ingress/egress easement offof SW 344t~ Place. The two lots that obtain access from this easement shall have undivided ownership of the easement and be responsible for its maintenance. The maintenance agreement for the easement shall be included on the plat and the language approved by the City. Driveway improvements shall include 18 feet of pavement width. Vehicular access onto 21 st Avenue SW or SW 344th Street shall not be permitted from this subdivision. Pursuant to Public Works Department review, SW 345ta Place shall have a minimum pavement section of three inches Class B asphalt over six inches of crushed surfacing to support the traffic loads. Street trees are proposed to be planted within planter strips on SW 344ta Street, SW 344t~ Place, and 21 st Avenue SW in accordance with adopted street tree standards. These shall be depicted on the landscape plan submitted with the engineering plans. " VIII PUBLIC SERVICES Ao Schools - As part of the City's initial review of the proposal, the preliminary plat application was referred to the Federal Way School District for comments. January 7, 2003, comments from the school district indicate Sherwood Forest Elementary, Illahee Junior High, and Federal Way Senior High schools will serve the proposed subdivision (Exhibit F). Junior and senior high students from this development would receive bus transportation to and from schools as these facilities are over one mile from the subject site, and elementary school students would walk to school. The applicant provided a November 2001, School Access Analysis prepared by ESM consulting identifies a safe path of travel Engineers as required by the FWCC. The school access analysis EXHII I · Pena Preliminary Plat Hearing Examiner Staff Report for students walking to the elementary school from the subject site via the new Belle Meadow plat and along existing sidewalks in existing neighborhoods. School service areas are reviewed annually and may be adjusted to accommodate enrollment growth and new development. School impact fees, as authorized by City ordinance and collected at the time of building permit issuance, are currently $3,894.00 per single-family housing unit. School impact fees are determined on the basis of the district's Capital Facilities Plan and are subject to annual adjustment and update. Parks & Open Space - The Pena preliminary plat site is located approximately 1,000 feet north of a future park proposed within the Keller subdivision, currently under construction. That park will contain a picnic area and play equipment, and will provide pedestrian and bike connections to the existing BPA Trail to the east. Additional access from the Pena Preliminary plat to the City of Federal Way BPA Trail is approximately ½ mile to the east through the Parklane Estates Subdivision. The Twin Lakes Park and Ride facility contains a pedestrian walking trail along the east and north portions of the subject site. Saghalie Park is located approximately one mile northeast of the subject site. Open space requirements are discussed in Section VI of this report. Fire Protection - The Certificate of Water Availability from the Lakehaven Utility District indicates that water will be available to the site in sufficient quantity to satisfy fire flow standards for the proposed development. The Fire Department requires that a fire hydrant be located within 350 feet of each lot. The exact number and location of fire hydrants will be reviewed and approved by the Fire Department before construction approval is issued. IX UTILITIES Sewage Disposal - The applicant proposes to serve the proposed plat by a public sewer system managed by Lakehaven Utility District. A November 5,2001, Certificate of Sewer Availability (Exhibit G) indicates the district's capacity to serve the proposed development subject to acceptance of sewer facilities at the adjacent Belle Meadow plat. Bo Water Supply - The applicant proposes to serve the subdivision with a public water supply and distribution system managed by the Lakehaven Utility District. A November 5, 2001, Certificate of Water Availability (Exhibit H) indicates Lakehaven's capacity to serve the proposed development subject to acceptance of water facilities proposed with the adjacent Belle Meadow plat. Latecomer charges for the existing water main located in SW 344~ Street in the amount of $9.68 per front foot shall be paid to Lakehaven Utility District prior to final plat recording. Co Drainage Facilities - Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. On May 30, 2002, the applicant submitted a request to use storm drainage facilities located on the adjacent Belle Meadow plat. These facilities, which were designed in accordance with the 1998 King County Surface Water Design Manual (KCSWDM) and the City's amendments to the manual, are currently under review within the final plat process for Belle Meadow. The Public Works Director approved the request via a June 25, 2002, Complex Adjustment to the KCSWDM that allows stormwater to be collected and Pena Preliminary Plat Hearing Examiner Staff Report conveyed into an off-site infiltration facility located within the Belle Meadow facility (Exhibit 1). A March 24, 2003, revision to the Technical Information Report (TIR) for Pena preliminary plat verified that pond capacity and water quality treatment are met for the two subdivision projects (Exhibit d). However, the revised TIR shows that the Belle Meadow bioswale must be re-graded and the concrete divider removed and replaced in order to provide adequate residency time for stormwater flows. Engineering plans for the Pena Preliminary Plat must depict this work, which must be reviewed and approved by City staff. The improvements must be inspected and approved by City staff prior to final plat approval for the Pena Subdivision. If, for any reason, the required improvements to the Belle Meadow storm drainage facility are not constructed under the Pena engineering permits, the applicant will be required to install the required improvements or construct the approved storm drainage facility in conjunction with Pena Preliminary Plat construction, or final plat approval cannot be granted. The improvements to the Belle Meadow storm drainage facility shall be constructed per the approved plans, inspected, and approved by the City of Federal Way before final plat approval for the Pena plat can be granted. Final review of the stormwater quality and detention will occur in conjunction with the full drainage review. X ANALYSIS OF DECISIONAL CRITERIA The FWCC establishes review procedures and decisional criteria for deciding upon various types of land use applications. Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-110, preliminary plat applications are submitted to the hearing examiner for public hearing. The preliminary plat application and the recommendation of the hearing examiner are submitted to the City Council for approval or disapproval. Hearing Examiner Preliminary Plat Decisional Criteria - Pursuant to FWCC Section 20-126(c), the hearing examiner may recommend approval of the proposed preliminary plat only if the following decisional criteria are met. Decisional criteria and staff responses are provided below. 1. The project is consistent with the comprehensive plan. Staff Comment: The application is subject to the adopted 2000 Federal Way Comprehensive Plan (FWCP), which designates the property as Single Family - High Density. The proposed land use, Single-Family Residential with a 7,200 square foot minimum lot size (RS-7.2), is consistent with density allowances and policies applicable to this land use as established in the FWCP. 2. The project is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan. Staff Comment: The preliminary plat application is required to comply with the provisions of the FWCC Chapter 18, "Environmental Policy"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning"; and all other applicable codes and regulations. Future development of the residential subdivision will be required to comply with all applicable development codes and regulations. Pena Preliminary Plat Hearing Examiner Staff Report File #01-i .o. As proposed, and with conditions as recommended by staff, the preliminary plat will comply with all provisions of the chapter. 3. The project is consistent with the public health, safety, and welfare. Staff Comment: The proposed preliminary plat would permit development of'the site consistent with the current Single-Family High Density land use classification of the FWCP and map. Proposed access and fire hydrant locations must meet all requirements of the Federal Way Fire Department, and access to schools is via safe routes of travel. Future development of the plat in accordance with applicable codes and regulations will ensure protection of the public health, safety, and welfare. 4. It is consistent with the design criteria listed in Section 20-2. o Staff Comment: The proposed preliminary plat would promote the purposes identified in FWCC Section 20-2, and the standards and regulations therein, as identified in the staff report, including effective use of land, promotion of safe and convenient travel on streets, and provision for the housing needs of the community. As proposed, and with conditions as recommended by City staff, the preliminary plat application complies with all provisions of the chapter. It is consistem with the development standards listed in Sections 20-151 through 157, and 20- 158 through 187. Staff Comment: Development of this site is required to comply with the provisions of FWCC Chapter 18, "Environmental Protection"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning"; and all other applicable local and state development codes and regulations. As proposed, and as recommended by City staff, the preliminary plat application complies with all applicable statutes, codes, and regulations. XI FINDINGS OF FACT AND CONCLUSIONS Based on an analysis of the proposed action, environmental record, and related decisional criteria, the Department of Community Development Services finds that: 1. The proposed action is to subdivide a vacant 1.44-acre parcel into seven single-family lots. Adjacent land uses are single-family residential, with a park and ride facility to the north. 2. The preliminary plat application is subject to the 2000 Federal Way Comprehensive Plan (FWCP), and the codes and regulations in effect at the time the application was deemed complete, which was August 7, 2002. 3. The subject property is designated Single-Family High Density in the 2000 FWCP. 4. An Environmental Determination ofNonsignificance (DNS) was issued for this proposed action on November 16, 2002. No appeals of the SEPA decision were submitted to the City. Pena Preliminary Plat Hearing Examiner Staff Report File Zoning for the site is RS-7.2, with a minimum lot size of 7,200 square feet. Properties on all sides of the subject property are also zoned RS 7.2. The proposed residential subdivision and density is consistent with applicable zoning and subdivision regulations of the FWCC. 6. All proposed lots meet the minimum lot size required and the average proposed lot size is 7,500 square feet. The seven proposed lots comply with applicable density requirements. 7. As proposed, each lot contains an adequate size and shape building envelope to contain a future single-family residence. Building setback lines are identified on the preliminary plat map. 8. There are seven trees on the subject site that meet the FWCC definition of a significant tree. The applicant has proposed to retain all of the significant trees. 9. Clearing and grading of the southerly 35 feet of the subject site is proposed in order to install right of way improvements for SW 344* Place. The balance of site clearing will occur in conjunction with individual building permits. 10. Prior to issuance of construction permits, the applicant will be required to submit a final landscape plan addressing open space landscaping in Tract A, right of way planting, and a tree preservation plan. 11. The applicant has proposed to make a fee-in-lieu-of payment instead of providing on-site open space as provided in the FWCC. The Director of Parks, Recreation, and Cultural Services has approved this request. 12. Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. The applicant proposes use of the stormwater system constructed with the adjacent Belle Meadow subdivision. The City approved use of this facility for the Pena site in a June 25, 2003, Complex Adjustment to the KCSWDM. That storm drainage facilities was designed in accordance with the 1998 KCSWDM and the City's amendments to the manual. The applicant's preliminary storm drainage TIR by ESM Consulting Engineers, Inc., revised March 24, 2003, was reviewed and accepted by the City's Public Works Department. The TIR revision noted that the Belle Meadow bioswale must be re- graded and the concrete divider removed and replaced in order to provide fo~ adequate residency time for the stormwater flows. Engineering plans for the Pena Preliminary Plat must depict this work, which must be reviewed and approved by City staff. The improvements must be inspected and approved by City staffprior to final plat approval. If, for any reason, the required improvements to the Belle Meadow storm drainage facility are not constructed under the Pena engineering permits, the applicant will be required to install a storm drainage facility in conjunction with Pena Preliminary Plat construction or the final plat application cannot be approved. The improvements to the Belle Meadow storm drainage facility shall be constructed per the approved plans, inspected, and approved by the City of Federal Way before final plat approval for the Pena plat can be granted. Water quality treatment will be handled through the existing stormwater facility as well. Final review and approval of the storm drainage facilities as shown on the engineering plan will occur in conjunction with full drainage review. Pena Preliminary Plat File #0 I-I~~LI ~o~. t.D. n~S~l~_ I~p- Hearing Examiner Staff Report 13. 14. 15. 16. 17. 18. 19. Vehicular access to the seven lots will be provided by the widening of the north side of SW 344th Place between 18~ Avenue SW and 20th Avenue SW. No vehicular access from the subdivision to SW 344th Street or 21st Avenue SW is permitted. In accordance with the FWCC, all street improvements must be dedicated as City right-of-way (except the private access tract) and improved to full street standards which shall comply with the 1993 King County Road Standards (KCRS) as amended by the City of Federal Way. The City's Traffic Engineer has reviewed the project and concluded that the proposed street layout of the Pena subdivision is consistent with the adopted codes and comprehensive plan in place at the time of the complete application. SW 344th Place is designated as a Local Street. Half-street improvements to SW 344th Place frontage are required by the FWCC. SW 344th Place shall be improved with a minimum of eight feet of pavement, vertical curb and gutter, four-foot wide planter strip, streetlights, and five-foot wide sidewalk. Streets shall have a minimum pavement section of three inches of class B asphalt over six inches of crushed surfacing to support the traffic loads. A 1 O-foot wide strip of land along the entire western boundary of the plat is provided for Tract A. All public right-of- ways will be dedicated to the City. One private access tract is pi-oposed and must meet applicable City standards. Private access will be owned and maintained by those lot owners receiving access from each tract. The~project applicant provided a school access analysis. The frontage improvements on SW 344t Place and internal plat sidewalks, in conjunction with existing walking area, will provide a safe pedestrian route of travel to school children who walk to Sherwood Forest Elementary School. Junior and senior high school students from the development will receive bus transportation to and from school. Water and sewer facilities are available from the Lakehaven Utility District and are adequate to serve the proposed development. It is the applicant's responsibility to secure all necessary water and sewer services from the utility provider. The proposed preliminary plat is permitted by FWCC Chapter 20, "Subdivisions," and Chapter 22, "Zoning." The proposed subdivision and all attachments have been reviewed for compliance with the FWCP; FWCC Chapter 18, "Environmental Protection"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning"; and all other applicable codes and regulations. As proposed, and recommended by staff, the preliminary plat is consistent with the FWCP and all applicable codes and regulations. Prior to final plat approval and recording, all required and approved improvements will be constructed, or the improvements appropriately bonded, per City code requirements. XII RECOMMENDATION Based on review of this application, environmental record, and pertinent decisional criteria, the Department of Community Development Services recommends approval of the preliminary plat subject to the following conditions: Pena Preliminary Plat Hearing Examiner Staff Report File PAGE Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Final storm drainage engineering plans shall comply with the following: Ao Engineering plans for the Pena Preliminary Plat must depict the re-grading of the Belle Meadow bioswale and the removal and replacement of the concrete divider as recommended by the revised TIR. The work must be reviewed and approYed by City staff. The improvements must be inspected and approved by City staff prior to final plat approval for the Pena Subdivision. Bo If, for any reason, the required improvements to the Belle Meadow storm drainage facility are not constructed, the applicant will be required to construct a storm drainage facility in conjunction with Pena Preliminary Plat construction. XIII A. B. C. LIST OF EXHIBITS Preliminary Plat of Pena, Revised July 18, 2002, Existing Conditions, Landscape Plan, and Preliminary Grading and Utility Plan, all by ESM Consulting Engineers Vicinity Map SEPA DNS for Pena D. SEPA Checklist for Pena E. Final Staff Evaluation for SEPA Checklist, Pena F. Letter from Geri Walker, Federal Way Public Schools, January 7, 2003 G. Lakehaven Utility District Letter of Sewer Availability, November 5, 2001 H. Lakehaven Utility District Letter of Water Availability, November 5, 2001 I. Complex Adjustment for Stormwater Facility, June 25, 2002 J. Preliminary Storm Drainage Technical Information Report for Pena, Revised March 24, 2003 Note: Copies of exhibits are not attached to all copies of this report. All exhibits have been provided to the Hearing Examiner. TRANSMITTED TO THE PARTIES LISTED HEREAFTER: Federal Way Hearing Examiner Applicant Agent Stuart Scheuerman, ESM Consulting Engineers Ann Dower, Engineering Plans Reviewer EXHIBIT.___ PAGE OF_ Pcna Preliminary Plat File #01-104415-00-SU / Hearing Examiner StaffReport Page 11 RESOLUTION NO. DRA :T A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PENA PRELIMINARY PLAT, FEDERAL WAY FILE NO. 01-104415-00 SU. WHEREAS, the owner Mr. Federico Pena, applied to the City of Federal Way fo~: preliminary plat approval to subdivide certain real property known as Pena and consisting of 1.44 acres into seven (7) single family residential lots located south of SW 344th Street between 18th Avenue SW and 21st Avenue SW; and WHEREAS, on November 16, 2002, an Environmental Determination of Nonsignificance (DNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C; and WHEREAS, no comments or appeals on the DNS were submitted to the Department of Community Development Services; and WHEREAS, the Federal Way Land Use Hearing Examiner on May 19, 2003, held a public hearing concerning the Pena preliminary plat; and WHEREAS, following .the conclusion of said hearing, on June 3, 2003, the Federal Way Land Use Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of the preliminary plat of Pena subject to conditions set forth therein; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20- 127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, on June 16, 2003, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on the Pena preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and Doc. LD. 23381 EXHIBIT voted to forward a recommendation for approval of the proposed Pena preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and WHEREAS, on July 1, 2003, the City Council considered the record and the Hearing Examiner recommendation on the Pena preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Land Use Hearing Examiner's June 3, 2003, Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way Land Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the preliminary plat of Pena, Federal Way File No. 01-104415-00 SU, is hereby approved, subject to conditions as contained in the June 3, 2003, Report and Recommendation of the Federal Way Land Use Hearing Examiner (Exhibits A). Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed' preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety; and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severabili _ty. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Doc. I.D. 23381 EXHIE T PAGE OF_--U,-- RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DAY OF ,2003. THIS CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE 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: RESOLUTION NO. DOC. I.D. 23381 EXHIB. IT PAGE OF--q,--