Loading...
LUTC PKT 06-02-2003 City Council :.t~a~<use/iranspo~aaon" ,:,:.~_~._ __.. _ ,_comm!cme' .' '.,,.,' .......... . .lune'2, 2003 ............. '..<. :..: :.:.:i ...:'::.". :. i.'".': :..L'. i.:':":.:'i.::':..ii, i.~:'.':'i:.'i' :i:.ii':!' .?'.::i'::'.'' !':~:.:..:.:!ii'.'.' i::.i:..'.:'!I i:::.:.:::.i::..'~.:'i"::"Q~' Haii' i :.:'" 'i:i!>':.;':ii:;ii.:'.' i:;:. :i:. 5:30 'pm' "' :.. ::: ::.:'::.:;'ii'L.'.:i:'" ':.:<,' "..'<.5. ?'. :",:i, :' :, Li':iCoun¢il Charnl:~rs..,,:.,' MEETING AGENDA 2. 3. 4. CALL TO ORDER Approval of Minutes of the May 19, 2003, meeting PUBLIC COMMENT (3 minutes) BUSINESS ITEMS Ao Code Amendment/Changes to Business Park Use Zone Charts Action 5. ADJOURN Green Gables NTS/Request for Speed Humps Between South City Limits and SW 329th Way Action Weyerhaeuser Way/South 336th Street Roundabout and Action Turn Lanes Project- 100% Design and Authorization to Bid clark/20 min Tirhi/15 min Salloum/lO min Committee Member~ Edc Fa/son, Chair Dean I~IcColgan i¥ichael Park K:~LUTC Agendas and SurraYancs 2003~Junc 2, 2003, LUTC Agenda. doc City Staff Kathy McClung, D/rector, Community Development Services Sendy Ly/e, Administrative Assistant 253.661.4116 May 19, 2003 5:30 p.m. City of Federal Way City Council Land Use/Transportation Committee 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; Public Works Director Cary Roe; Deputy City Attorney Karen Kirkpatrick; Street Systems Manager Marway Salloum; Street Engineer Al Emter; Street Systems Engineer Brian Roberts; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER Chair Faison called the meeting to order at 5:29 pm. 2. APPROVAL OF MINUTES The summary of the May 5, 2003, meeting was approved as presented. 3. PUBLIC COMMENT There was no public comment on any items not included in the agenda. 4. BUSINESS ITEMS A. Pacific Highway South HOV Lanes Phase II Bid Award - Five bids were received and opened on May 6, 2003 for the Pacific Highway South HOV Lanes Phase II (South 324th to South 340th Streets) Improvement Project. The lowest responsive, responsible bidder is DPK, Inc., with a total bid of $7,403,321.25. The Iow bid was $818,529 (11%) below the engineer estimate. Reference checks on DPK, Inc. by both CH2M Hill and City staff indicate that the contractor has performed similar work and can successfully complete the project to the city's satisfaction. The total project cost, including contingency, is $14,213,003.25 with an available funding budget of $15,048,298. The Committee moved to recommend approval to the full City Council at its June 3, 2003, meeting. The positive vote was unanimous. 5. FUTURE MEETINGS The next scheduled meeting will be June 2, 2003. 6. ADJOURN The meeting adjourned at 5:31 p.m. K:\LUTC Agendas and Summaries 2003\May 19, 2003, LUTC Minutes.doc Federal Way PLANNING COMMISSION RECOMMENDATION May 27, 2003 TO: VIA: FROM: Eric Faison, Chair Land Use/Transportation Committee (LUTC) David ~nager Kathy McClung, Director of Community Development Services Margaret H. Clark, AICP, Senior Planner ~ Janet Shull, Planning Consultant SUBJECT: Amendments to Federal Way City Code (IFVqCC) 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 Gramor 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 in the BP zone to be permitted outright. It is the City's practice that all City business be presented to a Council Committee, in this case the Land Use/Transportation Committee (LUTC), before Council deliberation. II. DISCUSSION OF PROPOSED AMENDMENTS A discussion of the proposed amendments can be found in Exhibit 1 - Staff Report for the May 21, 2003, Planning Commission meeting, and is summarized as follows. 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 the 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) Department, 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 parcels with offices have stand-alone offices and the other five parcels have multi4enant 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 office 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 demand 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 development 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 permitt~ use in the BP zone. The amount of office use would not be limited 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 manufacturing/light industrial/warehouse use on a per structure or per subject property basis, but maintain no limitations on the percentage. Amendments to Business Park Zoning Charts Planning Commission Recommendation to LUTC File #03-101758-00-UP Page 2 2. Request #2 - Legalize Existing Nonconforming Office Use on Small Lots in the BP Zone Within the 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 in size. Like the offices that are located within multi4enant buildings, these offices do not meet the current require~nent that office development be an accessory use as defined in the FWCC. Furthermore, most 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 redeveloped 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 off~ce 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 made 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 percent of the total gross area of one or more buildings located on the same parcel in the BP zone. 2. Request #2 - Legalize Existing Nonconforming Office Use on Small Lots in the BP Zone Staff Recommendation -- 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. 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 amount of either Amendments to Business Park Zoning Charts Planning Commission Recommendation to LUTC File #03-101758-00-UP Page 3 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 Commission conducted a public hearing on May 21, 2003, and recommended the code amendments, as recommended by staff, be adopted by the council (ExMbit 4 - Summary of May 21, 2003, Planning Commission Meeting). V. COUNCILACTION/STAFF RECOMMENDATION The Committee has the following options: 1. Recommend that the full Council adopt an ordinance approving the proposed code amendments as recommended by the Planning Commission. 2. Recommend that the full Council modify and then approve the proposed code amendments. 3. Recommend that the full Council disapprove the proposed code amendments. Staff recommends that the LUTC recommend to the full Council Option No. 1 above, that is, adoption of the Planning Commission's recommendations. VI. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the proposed amendment to the full Council for first reading as follows: As recommended by 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 EXHIBITS 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 !:L2002 Code Amendments\Chang:s to BP Zone\LUTC\PC Rec StaffReport to LUTC.DOC/05/28/200312:17 PM Amendments to Business Park Zoning Charts Planning Commission Recommendation to LUTC File #03-101758-00-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 Growth Management Act requires jurisdictions to allow the public to suggest updates to their codes and comprehensive plans once a year. Pursuant to Federal Way City Code (FWCC) Sectiou 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 recom~nended 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 this report along with recommended zoning code amendments for consideration by the Planning Commission (Exhibits A and B). The purpose of the proposed code amendments is to respond to the applicants' requests and to provide greater flexibility in the allowable mix of uses in the Business Park zone. The purpose of the BP zone according to the comprehensive plan is: "... intended to capture the demand for higher quality, mixed use business parks which permit a mixture o flight 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 should explore potential changes to the allowable mbo of uses in the Business Park zone in order to meet changing market conditions." EXHIBIT I A. Large developments are proposed within the BP zoned area. Within the area designated as Business Park, two large developments, totaling approximately 100 acres in size, are being reviewed by the City pursuant to development agreements. 1. Kitt's Comer 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 within 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 communities 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 zoning codes reviewed: City of Kent: Allows office as a principal use in the MI/MI-C Industrial Park and the M2 Medium Industrial zones. Office space is limited to no more than 25 percent of gross floor area in the M3 Heavy Industrial zone. 2. City of Kirkland: Allows office as a principal use in the LIT Limited Industrial Technology and the ILC Industrial Limited Commercial zones. 3. City of Renton: Office uses must be accessory to a primary use for the IL Industrial Light, IM Industrial Medium, and IH Industrial Heavy zones. Accessory is defined as, "subordinate in size and typically on the same lot occupied by the principal use." Business Park Code Amendments- EV~IBIT ~'/~, ---"-'- File #03-~I.0J_7$8-00-U.P/r~o~ ir> 23os? Planning Commission Staff Report i~ l~k ~ ~0 F--~ Page2 4. City of SeaTac: Professional office is limited to 20 percent of gross floor area in the BP Business Park Zone. City of Tukwila: Office is a permitted use in the 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 development 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°,4 of the gross floor area of this use and accessory retail sales and service facilities utilizing no more than 20%4 of the gross floor area of this use; provided, however, that the primary use utilizes a minimum of 5074o 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 Properly as follows: "Subject Properly 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 development is considered on 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 PA F: t File #03-101758-00-UP / ~ m 2~0s, Page 3 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 optiou, individual tenants with I00 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 100 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: 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: 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: !) 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 industrial warehouse presence. The Potential disadvantages of this option are: Business Park Code Amendments Planning Commission Staff Report 1) It does not address the concerns related to existing nonconforming office use (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) 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. ~ File #03-101758-00-UP / Ooc ,r:, 23os? Page 4 PAGE_ _OF l! Option C: Require there be a manufacturing/light industrial/~varehouse use on a per structure or per subject property basis, but maintain 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 ~nix 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 the concerns related to existing nonconforming office uses (office uses that utilize 100 percent of a building) in tile 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 tile 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 some are 100 percent office uses. These existing nonconforming uses came 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 most part, those areas previously zoned MP under King County are now zoned BP under Federal Way. These nonconforming uses can legally remain, 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 office buildings located within the BP zone is a disincentive to upgrading structures. Most 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. They are also primarily located on lots that are less than 1.5 acres in size, which is the minimum required for Business Park Code Amendments Planning Commission Staff Report EXHIBIT. File #03-101758-00-UP / r)oc m 23os? Page 5 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 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 than l.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 staff would have to determine whether or not properties were developed prior to Federal Way incorporation. Business Park Code Amendments Planning Commission Staff Report EXHiBll I PAGE_- i F I1 File #03- I 0 ! 758--00-UP / Doc m 2305? Page 6 Option C: Allo;v parcels less titan 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 staff to administer eliminating the need for determining year of development for existing buildings; however, staffwould 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. IlL 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 ora 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, the role of the Planning Commission is as follows: Business Park Code Amendments Planning Commission Staff Report 1. To review and evaluate the zouing code text regarding any proposed ameudments. 2. To determine whether thc 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. V. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. Tile proposed amendment is consistent with tile applicable provisions of the comprehensive plan. The proposed FWCC text amendment is consistent with the folloxving Federal Way Comprehensive Plan (FWCP) goals and policies: LUG5 Develop a quality business park area lhat supports sw'rou~ldi~lg 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. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWCC text amendment bears substantial relationship to the public health, safety, and welfare because it facilitates the leasing and improvement of existing sites of employment within the City. 3. The proposed amendment is in the best interest of the residents of the City. Tile proposed FWCC text amendment is in tile best interest of the residents of the City because it facilitates development of new projects that would provide additional employment opportunities for citizeus of Federal Way. Business Park Code Amendments Planning Commission Staff Report EXH, , 11211 ~ PAGE -- File #03- I 01758-00-UP / mc ~t) 23os7 Page 8 VI. PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: 1. Recommend to City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendments as modified; 3. Recommend to City Council that the proposed FWCC text amendments not be adopted; or 4. Forward the proposed FWCC text amendments to City Council without a recommendation. VII. EXHIBITS Exhibit A - New Office Use Zone Chart Exhibit B - Example of Changes to Existing Charts EXHiBi'i I PAGE I.__OF I_!L_____ I:\DOCUMENT~Changes to BP Zone Charts~Planning Commission StaffReport.doc/05/14/2003 1:41 PM Business Park Code Amendments Planning Commission Staff Report File #03- I 01758-00-UP / Page 9 PAGE_lO u,~- II H o d z City of Federal Way PLANNING COMMISSION Regular Meeting May 21,2003 City Hall 7:00 p.m. Council ChamberS MEETING SUMMARY Commissioners present: John Caulfield, Hope Elder, Dave Osaki, Grant Newport, and Dini Duclos. Commissioners absent (excused): Marta Justus Foldi and Bill Drake. Alternate Commissioners present: Merle Pfeifer and Lawson Bronson. Alternate Commissioners absent (excused): Tony Moore and Christine Nelson. Staff present: Community Development Services Director Kathy McClung, Senior Planner Margaret Clark, Consultant Janet Shull, Deputy City Attorney Karen Kirkpatrick, Assistant City Attorney Karen Jorgensen, and Administrative Assistant E. Tina Piety. Chair Caulfield called tile meeting to order at 7:00 p.m. APPROVAL OF SUMMARY A question arose regarding a statement in the 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 PUBLIC HEARING - Changes to Business Park Use Zone Charts Code Amendments It was m/s/c to open the Public Hearing at 7:05 p.m. Ms. Clark introduced Janet Shull of Janet Shull Designs who gave the staff presentation. The City received two requests from citizens to amend the Business Park zone to: I. Allow more office space per tenant. 2. AIIo~v existing nonconforming single tenant office bnildings to be permitted outright. The requests went before the City Council and were deelned to have merit. Ms. Shull presented three options for each request, ~vhich are outlined in the staff report. In order to eliminate confusion, staff developed a new use zone chart for office in Business Park (BP) (Exhibit A in the staff report). Therefore, K:~Planning CommissionX2OO3~.Meedng Sutnmarv 05-21-03 doc PAGF -- Planning Commission Summary Page 2 May 21, 2003 the notes pertaining to office use are to be removed from the other BP use zone charts (Exhibit B inthe staff report). Staff developed three options in response to each request (see the Staff Report). In response to request #I, the staff recommendation is Option B: 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. This is a change from emphasis 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 office 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 H LP - 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 uses 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 recom~nendation, 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, were platted prior to incorporation, and are not under common ownership. K:~Planning Commissionk2003~,Meeting Summary 05-2 l~03.doc/Last printed 5/28/2003 1:04 PM EXHIBI-[... PAGF Planning Commission Summary Page 3 May 21, 2003 The Public Hearing was closed at 8:12 p.m. The Commission asked if there was intentto 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 issues 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. ADMINISTRATWE REPORT Ms. McClung introduced Karen Jorgensen, the City's new Assistant City Attorney. Ms. Jorgensen will be working with Community Development. Ms. McClung commented that the staff is in full agreement with the Commission on reviewing 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 have 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. K:kPlanning Commissionk?.003hMeeting Summary 05-21-03.doc/Last printed 5/28/'2003 1:04 PM EXHIBI"- _ PAGE . CITY OF FEDERAL WAY ORDINANCE NO. 03 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XI, DISTRICT REGULATIONS (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 City 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 t° 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) are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES IiEREBY ORDAIN AS FOLLOWS: Ord No. 03 - , Page I EXHIBI- $ · Council of the ^J,_. Federal Section I Findings. After full and careful consideration, the City 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: L UG5 Develop a quality business park area that supports surrounding commercial areas. L UP35 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 o 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. Severabili _ty. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of 'the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ord No. 03 - , Page 2 EXHIBi' PAGE 2 Section 6. Effective Date. This ordinance shall be effective five (5) days after pas~ag% 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:',2002 Code Amendments\Changes to BP Zone\LUTCLAdoption Ordinance.doc/05/28/2003 12:30 PM Ord No. 03 - , Page 3 EXHIBF .. 5' PAGE_, _oF. CITY OF ~ Federal Way DATE: TO: FROM: VIA: SUBJECT: June 2, 2003 Eric Faison, Chair Land Use / Transportation Committee Raid Tirhi, Senior Traffic Engineer '"~ag David H.eM6s er Green Gables Traffic Safety (NTS) Project - 47th Avenue SW BACKGROUND Residents in the vicinity of 47th Avenue SW between south City Limits and SW 329th Way have requested the installation of traffic calming devices in that area based on concerns of high traffic speeds and cut-through traffic. Currently, adopted NTS installation criteria are based on a point system as follows: Points Total Accidents/Year Injury Accidents/Year Average Daily ri'tat'tic 85tl~ Percentile Speed (5-year history) (5-year history)* (two-way total) (mph in either direction) 0.5 0.3-0.5 0.1 500-1100 26-29 1.0 0.5-0.7 0,2 1101-1700 29.1-32 1.5 0.7-0.9 0.3 1701-2300 32.1-35 2.0 0.9-1.1 0.4 2301-2900 35.1-38 2.5 1.1-1.3 0.5 2901-3500 38.1-41 3.0 More than 1.3 More than 0.5 More than 3500 More than 41 * Note: Fatal collisions will count as two injury collisions Installation criteria are met if the total number of severity points is equal to or greater than 3.0. A traffic study indicated that the subject location would receive 1.0 point for total accident, 1 point for traffic volume, and 1 point for traffic speed. Therefore, the total mtmbcr of points is 3, which meets the 3-point minimum to qualify for traffic calming devices installation. On April 24, 2002 staff conducted a neighborhood meeting lo discuss potential traffic calming alternatives that might be effective in reducing speed within the neighborhood. After discussion between the neighborhood residents and sta fl; and in order to mitigate the idcmified problems in the neighborhood, a consensus was reached to propose the installation of four speed humps on 47th Avenue SW between south t 'ity limits and SW 329th Way. In accordance with established NTS policies, staff sent ballots to property owners and occupants within 600 feet of the proposed speed hump locations and to those with the proposal being on their sole access route. The following table summarizes the ballot results: Ballots Sent 78 54 38 18 188 Ballots Returned 48 (61%) 38 (70%) 28 (74%) 12 (67%) 126 (67%) Yes Votes 44 (94%) 34 (94%) 25 (96%) 9 (100%) 112 (95%) No Votes 3 (6%) 2 (6%) 1 (4%) 0 (0%) 6 (5%) One of the installation criteria requires a 50% majority of the returned ballots. Based on the above table, all locations met the balloting criteria. On May 14, 2003 staff conducted a second neighborhood meeting to inform the residents about the balloting results and the remainder of the process. Approximately a total of 30 citizens attended the meeting and none of them were opposed to the proposed speed humps. It ~s important to note that this neighborhood will almost deplete this year's available budget to install traffic calming devices. We are currently working on four additional neighborhoods that have passed the NTS criteria test. Additional funding will be required to construct any subsequent NTS projects for the remainder of 2003. RECOMMENDATION Staff recommends placing the following item on the June 17, 2003 Council Consent Agenda: Approve the installation of four speed humps along 47th'Avenue SW between south City limits and SW 329th Way. A PPR()VA! ~ O1: COM M I'i"I'E E RI';I'()I{T: . Eric Faison, Chair Michael Park, Member l)ean McColgan, Member RT: k ,lutcL2003Xnts-~een gables - 47sw329.doc 05/27/2003 CITY OF Federal Way DATE: TO: FROM: VIA: SUBJECT: June 2, 2003 Eric Faison, Chair Land Use / Transportation Committee Marwan Salloum, Street Systems Manager ~ David H. Moseley, City Manager~aa' }Veyerhaeuser }gay and S336th Street Roundabout attd Turn Lanes Project - 100% Design Approval and Authorization to Bid BACKGROUND: This project will improve the existing "Y" intersection to a dual lane roundabout. The project will also provide a left-turn lane at Weyerhaeuser's Headquarters driveway (S336th Street) as well as the Weyerhaeuser Technology Center driveway (Weyerhaeuser Way). The purpose of the project is to improve traffic safety and capacity and reduce accidents by eliminating conflicts PROJECT ESTIMATED EXPENDITURES: Planning and Design Right of Way Acquisition Year 2003 Construction (Roundabout) Year 2003 Construction (Tum Lanes) 10% Construction Contingency for Roundabout and Turn lanes 12% Construction Management for Roundabout and Turn lanes TOTAL ESTIMATED PROJECT COSTS $163,700 2,500 782,938 300,372 108,331 129,997 $1,487,838 All required right of way will be dedicated by the Weyerhaeuser Company Enginec~ Esumate ICON Mates~als Bid AVAILABLE FUNDING: Weyerhaeuser Company Transfer m Street CIY Fund Mitigation Interest Earning TOTAL AVAILABLE BUDGET $976,225 274,999 168,414 17,462 $1,437,100 50% o f pro.loot cost for Roundabout and 100% of proi¢ct coq for Tum Lanes (See attached projcc! flmdmg agreement) PROJECT BUDGET SItORTFALL $ 50,738 At this time this project budget has funding shortfall of $50,738. Staffis not requesting a budget adjustment for this project at this time. After project bid opening the total project costs and funding will be refined and presented to the committee and Council at project bid award presentation. Due to construction timing benefits, potential cost savings and minimizing public disruption, the Public Works Department is requesting the acceleration of the Turn Lanes portion ol' the project (a left-turn lane at Weyerhaeuser's Headquarters driveway (S336th Street) as well as thc Weyerhaeuser Technology Center driveway (Weyerhaeuser Way)) and awarded as a change order to the 2003 Asphalt overlay project. ICON Materials, the contractor for the 2003 Asphalt Overlay project has submitted a change Order cost in the amount of $300,372.90. This change order cost utilizes the same applicable unit bid prices as the 2003 Asphalt overlay project and is below the engineers cost estimate of $314,924 for this project (see attached bid tabulation). A proposed project funding agreement between the Weyerhaeuser Company and the City of Federal Way is attached to this memo for committee review and approval. RECOMMENDATIONS: Staff recommends placing the following items on the June 17, 2003 Council Consent Agenda: 1. Approve the 100% design plan and award the construction of the Tum Lanes portion of the project in the amount of $300,372.90 to ICON Materials as a change order to the 2003 asphalt overlay project. Approve a 10% contingency of $30,037.00 for a total project construction budget of $330,409.90. 2. Authorize staff to enter into the proposed funding Agreement with Weyerhaeuser Company for the construction of Weyerhaeuser Way and S336th Street Intersection Improvements Project 3. Approve the 100% design plans for the Weyerhaeuser Way and S336th Street Roundabout and authorize staff to bid the project at an appropriates time and return to the City Council for authority to award the project to the lowest responsive, responsible bidder. APPROVAL OF COMMITTEE REPORT: Eric Faison, Chair Dean McColgan, Member Michael Park, Member MS:dl cc: Project File Day File kg, lute 2003Xacccleration of thc Weycrhact,scr Wa~ and S336th Street Intersection lmprovemcnl~ p', ,icct doc After recording, return to: Federal Way City Attorney's Office 33530 1st Way S. Federal Way, WA 98003 PROJECT FUNDING AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND WEYERHAEUSER COMPANY FOR THE WEYERHAEUSER WAY AT SOUTH 336TM STREET ROUNDABOUT AND TURN LANES PROJECT THIS AGREEMENT is made and entered into this between the City of Federal Way (hereinafter "City") and "Weyerhaeuser"), collectively referred to herein as the "Parties". __ day of , 2003, by and Weyerhaeuser Company (hereinafter WHEREAS, the City proposes to proceed with the Weyerhaeuser Way at South 336th Street Roundabout Project; and WHEREAS, Weyerhaeuser has requested the addition of turn lanes at its West Corporate and Tech Center entrances as a part of the Roundabout Project; and WHEREAS, a partnership between the City and Weyerhaeuser benefits Weyerhaeuser, the City and the traveling public within the East Campus area by improving safety and access to Weyerhaeuser Facilities; and WHEREAS, The City has authority under SEPA, RCW 82.02.020, and Federal Way City Code Section 19-46 to require the dedication of land where reasonably necessary as a direct result of a proposed development application, and to enter into a voluntary agreement'with an applicant to provide for payment by the applicant to mitigate the direct impact that has been identified as a consequence of a proposed development; and WHEREAS, The City has authority under RCW 36.70B.170-.210 to enter into a development agreement to delineate mitigation that will be required as part of the Project; and NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. Desiqn and Construction. The Project shall include a Roundabout at the intersection of Weyerhaeuser Way and South 336th Street (the "Roundabout'd, a left turn lane from Weyerhaeuser Way into the Weyerhaeuser Corporate Tech Center, and both right and left turn lanes from South 336th Street into Weyerhaeuser's corporate · headquarters (the "Turn Lanes") as depicted in the Project plans attached hereto as Exhibit A and incorporated herein by reference. Page i II. CONTRACT ADMINISTRA~ON. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. Weyerhaeuser grants to the City Public Works Director and/or his or her designee authority to act on behalf of Weyerhaeuser sufficient to carry out the provisions of this Agreement. B. Weyerhaeuser shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the Turn Lanes Work, which changes shall be made, if feasible. The City shall notify Weyerhaeuser, in writing, of any changes required of the Turn Lanes Work and shall obtain Weyerhaeuser's approval of such changes in excess of 10% of the Project costs as identified in Exhibit B attached hereto and incorporated herein by reference. Weyerhaeuser's approval shall not be unreasonably withheld. Weyerhaeuser shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by Weyerhaeuser. III. RIGHT OF WAY DEDICATION. Weyerhaeuser shall donate to the City any and all property needed for additional right of way to complete the project as directed by the City's Director of Public Works and identified on Exhibit A attached hereto. IV. PAYMENT. A. Weyerhaeuser shall reimburse the City for all costs incurred by the City in performing the Turn Lanes Work, which costs shall include but are not limited to the Turn Lanes Work performed by the Project designer, the Project contractor(s), all Weyerhaeuser requested changes, and Weyerhaeuser's cost of the City services described in Paragraph ]! (a) herein, and as described in Exhibit B. B. Weyerhaeuser shall reimburse the City for fifty percent (50%) of the costs incurred by the City in performing the Roundabout Work, which costs shall include but are not limited to the Roundabout Work performed by the Project designer, the Project contractor(s), all Weyerhaeuser requested changes, and Weyerhaeuser's cost of the City services described in Paragraph II (a) herein, and as described in Exhibit B. C. All payments shall be due from Weyerhaeuser to the City within thirty (30) days after receipt of an invoice from the City. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold Weyerhaeuser, its officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its elected officials, agents or employees, or by the City's breach of this Agreement. B. Weyerhaeuser agrees to indemnify and hold the City, its elected officials, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of Weyerhaeuser, its officers, agents or employees, or by Page 2 Weyerhaeuser's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until the City Council accepts the completion of the project and all costs due under this Agreement have been paid by Weyerhaeuser. VII. MAINTENANCE. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, traffic signals and ali other appurtenances related thereto. The City agrees to incorporate "rural" street landscaping in conjunction with the construction of the Project. Weyerhaeuser shall be responsible for perpetual maintenance of such landscaping. In the event that Weyerhaeuser fails to maintain the landscaping in a manner satisfactory to the City, the City shall have the right, at Weyerhaeuser's sole expense, to maintain the landscaping. This provision shall not create any duty on the City to maintain the landscaping. VIII. OTHER PROVISIONS. A. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. B. This Agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and Weyerhaeuser. Adherence to deadline dates is essential to the performance of this Agreement. C. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY WEYERHAEUSER COMPANY David H. Moseley, City Manager Page 3 APPROVED AS TO FORM: APPROVED AS TO FORM: Patricia A. Richardson, City Attorney ATTEST: General Counsel N. Christine Green, CMC, City Clerk STATE OF WASHINGTON ) ) SS, COUNTY OF KING ) On this day personally appeared before me , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this __ day of ,2O (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires K: :-; u'cc ¢1' roi ec t\ Weyerhae u serLAgreemen tt Page 4 Exhibit A I EXHIBIT B-1 WEYERHAEUSER WAY SOUTH 336TH STREET TURN LANES Estimated Total Project Cost (ES TIMA TED DESIGN, CONS TRUC TION, A ND CONS TRUC T/ON MANAGEMENT) ES'I'ZMATED DESIGN COST: Estimated design costs (The Transpo Group) $63,113.00, TOTAL ENGINEERING COSTS $63,:[13.00 ESTIMATE CONSTRUCTION COST: ITEM UNIT QTY Unit Price Total Mobilization LS 1 $15,000.00 $15,000.00 Traffic Control Labor HR 160 $34.00 $5,440.00 Construction Surveying LS I $5,000.00 $5,000.00 Roadside Cleanup FA I $5,000.00 $5,000.00 Asphalt Concrete Sawcutting LF 2506 $i.00 $2,506.00 Clearing and Grubbing LS i $2,000.00 $2,000.00 Roadway Excavation, Including Haul CY 710 $12.00 $8,520.00 Gravel Borrow, Including Haul TN 1275 $12.00 $15,300.00 CSTC for Pavement Repair & Widening, Including Haul TN 790 $16.00 $12,640.00 Cold Mix Asphalt - TN 20 $60.00 $'1,200.00 Asphalt Concrete Pavement Cl. A TN 1430 $42.00 $60,060.00 ACP Cl. A for Pavement Repair & Rdwy Widening TN 680 $58.00 $39,440.00 Catch Basin Type 1 EA 4 $800.00 $3,200.00 Catch Basin Water Quality Insert EA 3 $800.00 $2,400.00i Corrugated Polyethylene Storm Sewer Pipe, 8" Diam. LF 40 $30.00 $1,200.00 Corrugated Polyethylene Storm Sewer Pipe, 12" Diam. LF 8i $40.00 $3,240.00 Ductile Iron Sewer Pipe, 12" Diam. LF 74 $45.00 $3,330.00 Adjust Catch Basin EA 3 $350.00 $1,050.00 Raise Water Valve Box EA 8 $150.00 $1,200.00 Adjust Manhole EA 4.00 $350.00 $1,400.00 Adjust Power Vault Cover EA I $1,000.00 $1,000.00 Raise 3unction Box EA I $275.00 $275.00 Construction Geotextile for Underground Drainage SY 664 $2.00 $1,328.00 Gravel Backfill for Drains CY 115 $30.00 $3,450.00 "Backfill for Sand Drains CY 45 $30.00 $1,350.00 Topsoil, Type A CY 30 $30.00 $900.00 "Seeding and Mulching ACRE 0.6 $1,400.00 $840.00 Raised Pavement Marker, Type 2 HUND. 1.4 $240.00i $336.00 Hydrant Marker, Type 2B EA 1 $7.00 $7.00 Page 6 Paint Line LF 2635 $0.09 $237.15 Plastic Line LF 3575 $1.45 $5,183.75 Plastic Traffic Arrow EA 6 $75.00 $450.00 Plastic Stop Line LF 40 $7.00 $280.00 Platic Wide Line LF 320 $2.00 $640.00 Painted Wide Line LF 100 $0.20 $20.00 Relocate Existing Sign EA 9 $250.00 $2,250.00 Illumination System Complete LS i $85,000.00 $85,000.00 Portable Changeable Message Sign DAY 20 $125.00 $2,500.00 Silt Fence LF 800 $4.00 $3,200.00 Erosion and sedimentation Control FA i $2,000.00 $2,000.00 SUBTOTAL CONSTRUCTION Construction Contingency (10% of Total Construction Cost) Construction Management (12% of Total Construction Cost) TOTAL CONSTRUCTION COST $300~372.90 $30,037.29 $36~044.74 $366~454.93 EST[MATED PRO3ECT COST (ENGINEERING & CONS-I'RUCT. rON) $429,567.93 WEYREHAEUSER PORT]'ON OF THE COST 100O/o OF TOTAL $429,567.93 Note: Costs represented are estimates only. Actual costs incurred will be used to calculate final cost Page 7 EXHIBIT B-2 WEYERHAEUSER WAY SOUTH 336TH STREET ROUNDABOUT Estimated Total Project Cost (ESTIMATED DESIGN, CONSTRUCTION, AND CONSTRUCTION MANAGEMENT) EST[MATED DESIGN COST: Estimated design costs (The Transpo Group) $100,000.00 TOTAL ENGINEER]:NG COSTS $'100,000.00 ES'I/MATE CONSTRUCTION COST: ITEM UNIT QTY Unit Price Total Mobilization LS i $70,000.00' $70,000.00 Traffic Control Labor HR 320 $34.00 $10,880.00 Construction Surveying LS 1 $20,000.00 $20,000.00 Roadside Cleanup FA 1 $5,000.00 $5,000.00 Asphalt Concrete Sawcutting LF 951 $1.00 $951.00 Clearing and Grubbing LS I $15,000.(J0 $15,000.00 Roadway Excavation, Including Haul CY 2259 $12.00 $27,108.0~ Gravel Borrow, Including Haul TN 2015 $12.00 $24,180.00 CSTC for Pavement Repair & Widening, Including Haul TN 2800 $16.00 $44,800.00 ~Asphait Concrete Pavement Cl. A TN 1670 $42.00 $70,140.00 ACP Cl. A for Pavement Repair & Rdwy Widening TN 2190 $58.00 $127,020.001 Catch Basin Type i EA 13 $800.0(~ $10,400.00i Catch Basin Type 2 EA 3 $2,500.00 $7,500.00i Stormfilter LS 1 $40,000.00 $40,000.00, Catch Basin Water Quality Insert EA ! $800.00 $800.00: Corrugated Polyethylene Storm Sewer Pipe, 8" Diam. LF 303 $20.00 $6,060.00 Corrugated Polyethylene Storm Sewer Pipe, 12" Diam. LF 968 $24.00 $23,232.00 Ductile Iron Sewer Pipe, 8" Diam. LF 101 $36.00 $3,636.00 Gravel Borrow for Trench Backfill TN 500 $15.00 $7,500.00 CSTC for Trench Backfill TN 450 $20.00 $9,000.00i Raise Water Valve Box FA 2 $150.00 $300.00i Adjust Manhole EA 2 $400.00 $800.00 Moving Existing Hydrants EA 2 $1,500.00 $3,000.00 Adjust Existing Monument Case & Cover EA 3 $150.00 $450.00 Raise 3unction Box EA 2 $300.00 $600.00 Cement Conc. Barrier Curb LF 440 $9.00 $3,960.00 'Cement Conc. Barrier Curb and Gutter LF 111! $12.00 $13,332.(3 Type A Precast Traffic Curb LF 1272 $18.00 $22,896.0Oi Page 8 Cement Conc. Sidewalk SY 971 $20.00 $19,420.00 Wheel Chair Ramp Type 1, Complete EA 6 $500.00 $3,000.00 Topsoil, Type A CY 230 $40.00 $9,200.00 Seeding and Mulching ACRE 0.5 $2,500.00 $1,250.00 Landscaping LS 1 $50,000.00 $40,000.00 'Raised Pavement Marker, Type 2 HUND. 2.5 $240.00 $600.00 Hydrant Marker, Type 2B EA 2 $7.00 $14.00 Plastic Line LF 5385 $1.40 $7,539.00 Platic Wide Line LF 360 $1.90 $684.00 Relocate Existing Sign EA 18 $104.00 $1,872.00 Proposed Signage SF 210 $25.00 $5,250.00 Illumination System Complete LS i $95,000.00 $82,000.00 Portable Changeable Message Sign DAY 60 $125.00 $7,500.00 Silt Fence LF 2516 $4.00' $10,064.00 Erosion and sedimentation Control FA i $3,000.00 $3,000.00 SUBTOTAL CONSTRUCTION Construction Contingency (10% of Total Construction Cost) Construction Management (12% of Total Construction Cost) TOTAL CONSTRUCTION COST $782,938.00 $78,293.80 $93t952.56 $955,184.36 EST[MATED PRO3ECT COST (ENGINEERING & CONSTRUCTION) $1,093,317.55 WEYREHAEUSER PORT~ON OF THE COST 500/0 OF TOTAL $546,658.77 Note: Costs represented are estimates only. Actual costs incurred will be used to calculate final cost Page 9 WEYERHAEUSER WAY ROUNDABOUT S 336TH AND WEYERHAEUSER WAY TURN LANES BID TABULATION 0512812003 Vendor Name ---> Location ......... > Item 1 Mobilization 2 Traffic Control Labor 3 Construction Surveying 4 Roadside Cleanup 5 Asphalt Concrete Sawcutting 6 Clearing and Grubbing 7 Roadway Excavation, Includi%;, 8 Gravel Borrow, Including 9 CSTC for Pavement Repair & '¢, ,~ r,~ ,:,j ?: .: ·: . i ::' 10 Cold Mix Asphalt 11 Asphalt Concrete Pavement C r. 12 ACP CIA for Pavement Rep;~., & I,L:*'~ ',,'.' !':","i: 13 Catch Basin Type 1 14 Catch Basin Water Qcality Ir'~:,,:t 15 Corrugated Polyethylene Stc'"! ,<",.*. ' I',:~e ~" I" ,' 16 Corrugated Polyethylene Sic" . 17 Ductile Iron Sewer Pipe, 12" ') :!' 18 Adjust Catch Basin 19 Raise Water Valve Box 20 Adjust Manhole 21 Adjust Power Vault Cover 22 Raise Junction Box 23 Construction Oeotextile for U' '. ; .' · ~;" . ~ . 24 Gravel Backfill for Drains 25 Backfill for Sand Drains 26 Topsoil, Type A 27 Seeding and Mulching 28 Raised Pavement Marker, T¥:e 29 Hydrant Marker, Type 2B ;30 Paint Line 31 Plastic Line 32 Plastic Traffic Arrow 33 Plastic Stop Line 34 Platic Wide Line 35 Painted Wide Line 36 Relocate Existing Sign 37 Illumination System Complet 38 Portable Changeable Messa :.: 39 Silt Fence 40 Erosion and sedimentation C: :" ;!: '! i i 6 i-. 10ON Materials ':.: · Tukw la, WA J Engineers Estimate $ ." 5 {,'.0(~ O0 $15000~ $34 tX) $5,443 $5,900 OU $,5,6:~0 tv) .: ' :,:' ," ~,'J.C;*~ O0 $5.000.(7J : '. (,,,; 1:.:. $ ~.(Y'J $2,S06.00. S: '. $2,~.1~.00 , $2..a.')O0.~7 :~;: t':;: ~;, $1200. $8,520.C~3 '~ ~;' ,.'. $12.00, $15,30000 $~? :" $16(~ $12,t~;) OO ~ '".i ~'~0 Ut.) ',$1,200.Leg $~,0 S42 O0 $58.00 ~.39 440 OO S f ,~'t .,':,;' $800.00 ,:' i , SB(~O.O0 ,;, ,"~2 400.00 $3~.00 51,2,"}0 $40 0() $3,740.~J <.2,: C~. $4,~.00 $3,33',I00 $4? :,:. $350 (~'). ' "n~ $ ,,..~,, (YJ ...' :. $; 5f) '.')(; Sl 20'3 00, .: · :. S35:J 02 $1,45,9.00] ,:: :, ,'.'. i,, X;O ,.,0 $1.000 Ck' S2i51~3 5275.(~j 5.' :..) :: · $2.00 $1,328.00 '~3,3 00' ' $3.4S0.00 ~:'~ ;. $3~ B.:) S L350.00] s:~t: ::' $30.00 $g00.(~3 ~: :~: ':. $1,43..I f)9 $840 O0 ',.~ ;' ~ :,: , $24300 $336 fY3 ,;/4 ,. $7.03 ' $?.0() ,~ .' !' $;; 09 5237.15 $i.4S ' $,5,1837,5 $' $.'5.00 ,, ', $450 00 $8!, :?.. $,~.00 , '$280.0() 5'0' $2 0,.'3 ~40.00 .¢, ,::, $0 ?0 $2.0 O0 .¢:;. ,.. $2,',0 t)O $2.,250.00 S 1';.: 0 ' %:!,,~L:.3 O0 $85.C-00.~) ~. ;. :, ".: '; ' ? 2~..g.n. ~4 0',; $,3.~2..,) ~Y, $4., ' S;;.O:'~d O0 $2.000 ~:,"] ,<. ;' ',:-::" · ',:.; ..... "-~i~'~i~..: ,: ;. ,."