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LUTC PKT 09-16-2002September 16, 2002 5:30 pm City of Federal Way City Council Land Use/Transportation Committee City Hall Council Chambers MEETTNG AGENDA 2. 3. 4. CALL TO ORDER Approval of Minutes of the August 5, 2001, Meeting PUBLIC COMMENT (3 minutes) BUSINESS ITEMS A. Market Study Presentation B. Neighborhood Traffic Safety Program Criteria Revisions C. 2002/2003 Commute Trip Reduction (CFR) Program Professional Services Agreement with King County Metro D. 2002 Asphalt Overlay Final Project Acceptance and Release of Retainage E. 2003 Asphalt Overlay Preliminary Project List and Authorization to Bid F. Recent Court Cases re: Right of Way (ROW) and Open Space Acquisition G. Development Agreement Code Amendment FUTURE MEETING AGENDA ITEMS ADJOURN Information ECONorthwest/45 min Action Perez/15 rain Action Perez/10 min Action Saltoum/lO min Action Salloum/10 min Information K. Kirkpatrick/15 min Action Clark/15 min Committee I~lember~ Eric Fa/son, Chair Dean Mc-Co/gan M/chad Park ¢/ty Staff Kathy Mc'Clung, D/rector, Community Development Servioas Sandy l y/e, Administrative Assistant 253. 661.4116 K \LUTC Agendas and Summaries 2002\September 16, 2002, LUTC Agenda doc August 5, 2002 Hall City of Federal Way City Council Land Use/TransPortation committee ,City. MEETING SUMMARY In attendance: Committee members Eric Faison, Chair, and Councitmember Mike Park; Mayor Jeanne Burbidge; Council-member Linda Kochmar; City Manager David Moseley; Director of Community Development Services Kathy McClung; Public Works Deputy Director Ken Miller; Assistant City Attorney Karen Kirkpatrick; Street Systems Engineer Marwan Salloum; Surface Water Manager Paul Bucich; Building Official MaryKate Martin; Senior Planner Jim Harris; Associate Planners Deb Barker and Jane Gamble; SWM Water Quality Specialist Leslie Ryan-Connelly, Administrative Assistant Sandy Lyle. 1 CALL TO ORDER Chair Faison called the meeting to order at 5:30 pm. 2 APPROVAL OF MINUTES X tlc minutes of the July 15, 2002, meeting were approved as presented. 3 PUBLIC COMMENT There was no public comment on any item not included in the agenda. 4 BUSINESS ITEMS Social Services Transitional Housing Unit Code A~T~endment - Social Services transitional housing units are permitted in RS. RM, BM and CC-F zoning districts subject to FWCCstandards. One of the requirements is that the units be distanced 1,000 feet from other social services transitional housing units. FUSION, the current non-profit provider of these units has identified the separation requirement as a barrier to locating additional social services transitional housing units within tile City since the affordable housing units are typically found within 1,000 feet of the existing units. The proposed code amendment would reduce the separation requirement for social services housing units from 1,000 feet to 400 feet only in the RM zoning district and would not alter the separation requirement for any other zoning district As a FUSION member, Planning Commissioner Hope Elder, who recused herself from discussion on this topic at the Planning Commission meeting due to her status as a FUSION volunteer stated that given the lack of history of trouble at FUSION properties, she believes the separation distance should be eliminated entirely. Gerry Stirrard, President of FUSION, spoke in favor of removing the separation distance citing facts such as the six existing properties are managed by tile YWCA, clients stay for up to one year, and there have never been any major problems in a FUSION owned property. Susie Horan of ColdwelI Banker and who negotiates for FUSION purchases praised Federal Way's transitional housing as the best from Kirkland to the South County line. Yet Federal Way is the only City with the 1,000 foot set back. Following discussion, the Committee amended option E, to eliminate the 1,000-foot requirement in the RM zoning district to say that the 1,000 foot separation requirement would be eliminated in the RM zoning district provided that no more t/mn 5% of housing units in a multi-family complex may be social services transitional housing, and provided fl~ther that in smaller complexes of 20 units or less, there could be a maximum of one social se~¥ices h~mition¢l unit The Committee m/s/c the amended option and recommended approval to tile city Council at its August 20. 2002, meeting. New High School Update --The new. as yet unnamed, High School in Federal Way at 36311 16~' Avenue South is currently under construction. School officials anticipate a completion date of July 2003 and intend the school to hold its first classes in the fall of 2003. Sixteenth Avenue South is under construction and open only to local traffic. Ball fields will be seeded soon to allow for sufficient development prior to the 2003-2004schoolyear. The great hall and health club areas are well on their way to completion. It was reported ttlat the great hall is not large enou!th for annual senior graduation and that graduation will continue to be held at an off-campus facility Miscellaneous Code Amendments The Committee m/s/c recommendation of approval to the City Council at tile August 20. 2002. meet,nfl of miscellaneous amendments to ti~e Federal Way City Code (FWCC) relnting to definitions of residnntinl densities: chmfications to provisions relating to the keeping of animals: corrections to the definition ~)f ~dfordahk~ h~)usuX~: and expansion to the criteria for quasi judicial project-related rezones. The changes, housekeeping in nature, clarify and establish consistency between the Federal Way City Code, the Comprehensive Plan and Countywide Planning Policies. Each item was approved individually. Approval was the Committee recommendation to the Council at the AuguSt 20, 2002, Council meeting. Award of south 364th Street Culvert Replacement Project - Four bids were received and opened On July 19, 2002, for'the SoUth 364th Street Culvert Replacement Project. The lowest responsive, responsible bidder was Americon, Inc,, with a total bid of $42,976.00 including tax. Americon has done similar work in the past and a check of references indicated that the job can successfully be completed by Americon. The Committee m/s/c a do pass recommendation to the City Council at their August 20, 2002, meeting. Consultants Scope of Work for Restoration of West Branch of Hylebos Creek - West Hylebos Creek has been adversely impacted through land development activities since settlers came to the Federal Way area. This year plans are being initiated to restore and stabilize the segment of Hylebos Creek located between Brook Lake north of 356~h Street and its intersection with SR99 at Pacific Highway South. The four major components of the work include: 1 ) Evaluation of flood hazards at South 373rd and development of options to remove or stabilize 9ravel, and identify potential fish habitat improvements that could be incorporated into flood hazard solutions; 2) Enhance fish habitat and stabilize the channel along the West Fork of Hylebos Creek between Brook Lake and SR99; 3) Determine the feasibility of developing an educational and recreational trail along the West Fork of Hylebos Creek in the same area as the habitat and stabilization project; Identify potential connections to other City, County, and State recreational resources; 4) Evaluate effectiveness of stream protection regulations to determine if existing regulatory buffers are adequate to protect existin9 and future salmonids usage and, if not, make recommendations for future improvements or additional protective measures. Consultants working on this project include CH2M Hill, Bruce Dees, GeoEngineers, and Eadhtech. Funding is being provided, in part, by a grant received by the Friends of the Hylebos. The Committee expressed its appreciation and excitement by the direction of this project. Fo Watershed Planning Activities Within WRIA 10 - The Puyaltup River Watershed, catalogued as Water Resource Inventory Area 10 by the State Department of Ecology, drains three-quarters of Mount Rainier. The area also includes smaller tributaries along the Puget Sound shoreline such as Hylebos Creek in Federal Way, Puget Creek in Tacoma, and the Puget Sound shoreline south of Dumas Bay and north of the Tacoma Narrows. The US Army Corps of Engineers is currently working on three General Investigations in the Puyallup River Watershed. The cleanup of contamination and restoration of ecosystem function is ongoing in the Hylebos Waterway in the Port of Tacoma under the federal Superfund and Natural Resource Damage Assessment programs. Pierce County is spearheading two salmon habitat restoration activities. Pierce County is also the Lead Entity for the state Salmon Recovery Funding Board program. The Puyallup River Watershed Council was formed in 1994 by Pierce County and Federal Way participates in the Council forum as well as the Education, Water Issues, and Fish and Wildlife Committees. The Hylebos Watershed Action Committee was formed in 1999 as a group of volunteers to coordinate salmon habitat restoration. Federal Way is currently co-chair of the committee. The City of Federal Way has no direct financial participation in any of the above activities. However, the Hylebos Watershed Action Committee will be looking to jurisdictions within the watershed to fund development of the Hylebos Watershed Salmon Habitat Restoration Plan upon completion of the scope of work. South 288th Street at SR99 Signal and Intersection Improvements 85% Design Status Report - The purpose of this project is to improve traffic flow and reduce accidents by eliminating conflicts. A second left-hand turn lane westbound would be added on South 288th Street and a left-hand turn lane eastbound at SR99. Left-turn lanes would be added at 18~h Avenue South. Interconnect signals are proposed on South 288th Street at SR99 and on Military Road at South 304th Street, South 288th Street and Star Lake Road. The Lakehaven Utility District Water and Sewer Utility Adjustment Project will be constructed in conjunction with the South 288 Street Project. All overhead ubhtles along South 288 Street between 16TM Avenue South and 19~t~ Avenue South will be converted into an underground system except for the Puget Sound Energy (PSE) electrical transmission system (115,000 volts or larger). At this time the project budget has a funding shortfall of $258,613. No budget adjustment is requested at this time. Total project costs and funding will be refined and presented at the time of the 100% design completion status report. The Committee m/s/c recommendation of approval to the City Council at its August 20, 2002, meeting. FUTURE MEETINGS The next meeting will be August 19, 2002. ADJOURN The meeting adjourned at 7:20p.m There are no packet attachments for the Market Study presentation. Committee members are reminded to bring their copies of the Market Study as distributed last month. Way DATE: TO: FROM: VIA: SUBJECT: September 16, 2002 Eric Faison, Chair Land Usc and Transportation Committee Richard A. Perez, City Traffic Engineer ~r~ David H. M~(X~anager ''4 Neighborhood Traffi' - ' ~-c Safety Policy Revisions BACKGROUND At its July 1, 2002, meeting, the l,and Use and Transportation Committe-e directed staff to develop revisions to the Neighborhood Traffic Safety Program policy that would consider collision severity m qualifying a given street for the NTS program, and set a threshold upon which qualifying projects could bypass the balloting process. Currently, thc policy considers three criteria for qualification of' a street for traffic calming improvements: speed, volume, and collision history. Each of these is scored on a scale of 0 to 3 points in 0.5 point increments, fbr a possible point total erg.0 points, xvberc 3.0 points are needed to qualify for the program. These criteria are shown in Table l below: Points Accidents/Year Average Daily Traffic 85th Percentile Speed (5-year history) (two-way total) (mph in either direction) 0.5 0.3-0.5 500-1100 26-29 1.0 0.5-0.7 1101-1700 29.1-32 1.5 0.7-0.9 1701-2300 32.1-35 2.0 0.9-1.1 2301-2900 35.1-38 2.5 1. l -1.3 2901-3500 38.1-41 3.0 More than 1.3 More than 3500 More than 41 1[ a project meets these and other applicable tcchnical criteria as explained in the attached policy, neighborhood meetings arc held to develop a consensus solution. Ballots are sent to all property owners and residents ~vithin 600 feet of any proposed device or if their sole source of access xvould -1 be impacted by the installation of any traffic calming device. '.Each device is' balloted separately, and a simple majority of returned ballots is necessary to carry' the' project, forward to the City Council for final approval. At issue was the case of 21st Avenue SW between SW' 304th Street and SW 312th Street, which qualified for the program, but where balloting failed to achieve a 50% approval rate. If existing traffic conditions were determined to be severe, the revised criteria, if applied, may allow the proposal to move forward for construction. ANALYSIS Staff first considered the issue of collision severity measures. The measures considered include: · Number of injury or fatality collisions per year; · Number of injury or fatality collisions per vehicle-mile; · Societal cost of collisions per year; · Societal cost per vehicle-mile In Order to be consistent with current collision measure, it is proposed that the simple measure of number of collisions involving injuries be measured. It is also proposed that fatalities be twice the weight of injury collisions. When adding these criteria, consistency with past results should also be considered. By adding points for collision severity, the existing threshold of 3.0 points may no longer be appropriate for the program. Staff reviewed all NTS applications since the beginning of the program where records were complete enough to provide valid comparison, which numbered 40. The results suggest that although most projects had no injury collisions ;vithin the previous 5 years, some had several, and four would've qualified for the program if collision severity were included. However, if the existing 3.0 point threshold were raised, three projects would not have qualified for the program. After reviewing the individual projects in question, staff recommends leaving the project threshold criteria for qualification at 3.0 points. The threshold at which the balloting process may be bypassed can be deten'nined by inspection of the graph below, which displays in ascending order the ranked percentile of occurrences in the 40-project sample. For example, a 6.0 point score correlates to the 90th percentile, which means that 10% of' the values are higher than 6.0. The threshold can be determined by any number of arbitrary means, including selecting an arbitrary percentage (5%, 10%, or 20%), deviations from the mean (the mean is 3.5, and the standard deviation is 2.16), multiple of the lower threshold value (such as double 3.0), or looking for a gap in values (such as between 7 and 8.5). Another approach would be to consider the parameters (speed, volume, collisions, and collision severity) and determine which values would be intolerable and make those values arbitrary limits. Since higher values in any of the parameters are undesirable, this is an emotional decision. Nonetheless, staff offers the value of 6.0 as a reasonable value: It corresponds to the highest 10% of the sample, it is one standard deviation above the mean value, it is double the existing threshold for qualifying for the program, and it graphically represents something of a "break point" in thc graph. 9O 8O 7O 6O 5O 4O 3O 2O 10 0 i 8 9 0 1 2 3 4 5 6 7 10 11 12 Points RECOMMENDATION Staff recommends that thc Neighborhood Traffic Safety Program policy be revised to inco~t, orate the following changes: Collision severity bc considered, with each injury cOllision in the previous 5 years cotmtin~g as 1 point, and each fatal collision in the previous 5 years as 2 points. If a project reaches 6 or more points, the balloting process may be bypassed. In this case, staff would develop a proposal with citizen input for the City Council's consideration and approval. APPROVAL OF COMMITTEE REPORT: Eric Faison, Chair Michael Park, Member Dean McColgan, Member RP:dl Attachment: Proposed NTS Policy ,,%mcndmcnt k:\lutc~002\nts policy rev '02.doc -3 CITY OF ~ Federal W~¥ TRAFFIC CALMING DEl/ICE INSTALLATION/ REMO I/AL CRITERIA .Traffic Calming Installation Criteria Neighborhood traffic calming devices may include speed humps, traffiC'circles, chicanes, or other · devices ~'equested by neighborhood residents and approved by City Council. These devic'es shall only be. installed when all of the following criteria are met: · General Conditions: Less restrictive means of controlling speeding have been attempted without success (i.e. radar reader board, special enforcement, speed watch, signing, etc.). The proposed devices shall only be installed on residential streets functionally classified as local or minor collector, except that devices that do not delay eme~/gency vehicles such as speed tables or roundabouts may b_e permitted on principal collectors with posted speeds of 25 mph. o The proposed devices shall only be installed on streets which have no more than two lanes, or where the overall pavement width is not greater than 40 feet. The proposed devices shall only be installed on streets where legal posted speed limit docs not exceed 25 MPH. 5. No devices shall be installed within 600 feet of a traffic signal or 250 feet ora stop sign. No devices shall be installed at locations which have less than the n~inimum sate stopping sight distance which is 150 feet at 25 MPtI. No adverse street characteristics exist, such as steep grades in excess of 8% or severe horizontal or vertical curves. Storm drainage problems created by the installation of the proposed devices can be adequately addressed. Each neighborhood may apply for traffic calming devices costing a maximum of $ lO,O00/year, where a neighborhood is defined by the elementary school attendance area. If the proposed devices cost more than this amount, a neighborhood group must form a Local improvement District (LID) to fund the excess amount. Otherwise, the City may fund the excess amount in the follo~ving year on a first come first serve basis. Pl'ocess; To be considered for traffic calming device installation, a petition must bc submitted signed by o~vncrs or-residents representing at least ten lots or parcels within thc affected area. 'l'hc afl'coted area includes properties abutting streets within 600 feet of the proposed devices location, measured along street centerlines and properties xvhich the proposed devices would bc located along their sole access route as determined by thc Public Works Director. The total severity score based on accident history, accident severity~ average daily traffic, and $5th percentile speed as shown on Table I shall be at least 3.0. Table 1: Severity Scoring Point Scale Points Accidents/year Average Daily Traffic Injury Accidents Per Year 85th Percentile Speed (5-year history) (two-way total) (5-year history) (mph in either direction) 0.5 0.3-0.5 500-I 100 0.1 26-29 1.0 0.5-0.7 1101-1700 0.2 29.1-32 1.5 0.7-0.9 1701-2300 0.3 32.1-35 2.0 0.9-1.1 2301-2900 0.4 35.1-38 2.5 1.1-1.3 2901-3500 0.5 38.1-41 3.0 More than 1.3 More than 3500 More than 0.5 More than 41 * Note: Fatal collisions will count as two injury collisions A neighborhood meeting xvill be held to discuss the advantages and disadvantages of various traffic calming devices at the subject location. In addition to residents, staff from the City's Departments of Public Works and Police will be at the meeting. Police and Fire Department staff ~vill also be invited. If the total severity score is at least 6.0, no balloting will occur and the proposal will be presented to the City Council sub-committee, as described in Step 6 below. Othe~vise, proper-fy owners and residents within the affected area shall be sent by first class mail a city prepared or approved ballot. Property owners who are also residents will receive one ballot, although if returned, xvill be equivalent to two votes. !tall (50%) of the returned ballots must vote affirmatively, concurring with the installation of the proposed devices. A second neighborhood meeting will be held to deliver the balloting results. If the ballot measure is passed or if the total severity score is at least 6.0. the proposal is presented to the City Council Sub-committee, and if passed, is then presented to the full Council. If approved by the City Council, the traffic cahning devices will be installed as soon as ~veather permits. Tra[fic Calming Removal Criteria Neighborhood traffic calnting devices located within the City of Federal }Fay tttay be rentoved when all of the following criteria are ntet: To be considered ibc traffic cahnmg devices removal, a petition must be submitted signed by owners or residents representing at least ten lots or parcels within the affected area. The aff'ccted area includes properties abutting streets within 600 feet of the existing device location, measured along street ccnterlmes and properties at which the existing devices are located along their sole access route as determined by the Public Works Director 'Property owners'and residents within the affected area shall be sent by first class mail a city prepared or approved ballot. Property owners who are also residents will receive one ballot, although if returned, will be equivalent to two votes. Half (50%) of the returned ballots must vote affirmatively., concurring with the removal of devices. An adequate reviexv period (minimum of 12 months) and subsequent engineering analysis has been perfomaed to detemqine the traffic characteristics along the route and the impacts to the remaining street system. K:'x I ItAFFI(",NTS~\N I SCRIT Wt~I) Way , Federal DATE': September 16, 2002 TO: FROM: VIA: SUBJECT: Eric Faison, Chair Land Use /Tfansportation Committee Richard A. Perez, Traffic Engineer ~ Sarady Long, Traffic Analyst David H. Mo get 2002/2003 Comntttte'XTrip Reduction (CTR) Program; Professional Services Agreement with King Cottttty Metro BACKGROUND Washington State's Conunute Trip Reduction (CTR) Law was adopted by the 1991 Legislature and incorporated into the Washington Clean Air Act as RCW 70.94.521 through 70.94,551. Its intent is to improve air quality and reduce fuel consumption and traffic congestion through employer-based programs by encouraging the use of alternatives to single occupant vehicle (SOV) for tile conmmte trip. The law requires that all major employers, both public and private, who employ one hundred (100) or more full-tm~e employees who are scheduled to arrive at a single worksite between 6:00 a.m. to 9:00 a.m. to develop and implement a Comnmte Trip Reduction Plan. Currently, there are 15 employers within tile City of Federal Way that are affected by the CTR Law. The employers that are curreutly affected are as follows: 2. 3. 4. 5. 6. 7. 8. 9. Berger/ABAM Engineers, Inc. Capital One City of Federal Way EDS Finance Pacific Leasing LLC Saint Francis Hospital United States Government Postal Services World Vision }lQ Weyerhaeuser Company Sites (6 sites) Professional Services Agreement In order to comply ~vitb the state CTR Law and to ensure consistency and t;am~ess in its administration, the City entered into a Professional Services Agreement with King County Metro. Staff believes this is a cost-effective relationship, as most cities have a fldl-time CTR coordinator. The purpose of the agreement is to delegate implementation of the CTR Act as required by state law and local CTR Ordinances to Krug County Metro. Tile work perform under this agreement are as described m the attached Exhibit A, Commn~e Trip Reduction Prot'essional Services Contract Scope of Work. The 2002/2003 Professional Services Agreement will be funded by the state CFR grant, Based on the current 15 affected worksites, the City of Federal Way will receive apt)roximately $23,821 m state grant monies. The State CTR grant would be sufficient to fldly fired the 2002/2003 Agreement with Metro, which is at $23,82 l. Please see attached Exhibit B tbr assumptions of state grant and expenditures. Over the last five years the professional services contract with Metro has been fully funded by the state CTR grant. However, due to an increase in affected worksites statewide with no additional state funding, future state CTR allo. cation could be reduced signifigantly. The reduction in state CTR allocation may have significant impact on the .2003/2004 Professional Services Agreement with King County Metro. Staff will present the 2003/2004 Professional Services Agreement and budget proposal to Land Use and Transportation Committee and Council next' year. RECOMMENDATION Staff recommends placing the following on the October 1,2002 Council consent agenda for approval: Authorize the City Manager to execute the Professional Services Contract with Krug County Metro in the amount of $23,821. APPROVAL OF COMMITTEE REPORT: Eric Faison, Chair Michael Park, Member Dean McColgan, Member RP/SL:dl cc: Project File [)ay File k:"[utc",2002~2002 03ctr psa with king county metro.doc Federal Way - Exhibit A Commute Trip Reduction Services Contract .... Scope of Work. · Period: jUly. 1, 2002, through June 30, 2003 Work Activities - 15 current sites mo Notification of new sites 1. Identify contact for potential sites 2. Send notification inquiry 3. Confirm status 4. Secure state code 5. Create timeline and legal file Schedule As needed Survey 1. Alert employer to survey timeline 2. Track survey completion and processing 3. Send survey results to employer First quarter and as necessary Program review 1. Remind employers of submittal deadlines 2. Monitor program report receipt 3. Review revised programs for sites that did not make progress and evaluate the potential for progress toward SOV reduction 4. Review program reports for completeness for new sites and for sites that made progress toward goal 5. Recommend action to jurisdiction 6. Generate approval letter for City signature Ordinance schedule by Site Exemptions & Modifications 1. Inform new sites about process and criteria 2. Receive requests and copy to city 3. Copy request to state for COlnment 4. Review and analyze request and provide co~mnents to City 5. Contact employer as needed, generate and send response per city As needed Records maintenance 1. Maintain database and master file records on all affected sites 2. On a quarterly basis, provide WSDOT with hard copy of each employer program report approved within the quarter 3. Provide WSDOT with an electronic copy of the CTR database of the City's CTR-affected employers, quarterly or as required by WSDOT 4. Provide quarterly report inforlnation for jurisdiction to conduct state flmds billing On-going Go Program Development New Sites 1. Provide written inforlnation on basic requirements of the CTR Ordinance, As needed CTR Zones, and an explanation of how the plan is intended to achieve its goals · Provide materials that explain a range of measures and activities that may help the employer achieve the CTR goals of the local ordinance Assist with voluntary baseline survey. Analyze survey data and make programs recommendations2 New ETC Consultation/Briefing 1. Provide written information on basic requirements of the CTR Ordinance, CTR Zones, and an explanation of how the plan is intended to achieve its goals 2. Provide materials that explain a range of measures and activities that may help the employer achieve the CTR goals of the local ordinance As needed Program Implementation Assistance Provide assistance in the following categories: 1. Identify resources and implementation requirements 2. Coordinate/attend network group meetings 3. Communicate with ETCs about transportation issues, including_Sound Transit, Metro Transit, Special events and items of interest (e.g.: construction and road closures, Air Quality alerts, WSRO bulletins) 4. Provide two employee awareness campaigns per year As needed Training Provide county-wide basic training to new ETCs 1. Basic Training part 1: ETC orientation 2. Basic Training part 2: Program hnplementation and Promotion 3. Survey briefing Quarterly 2 Federal Wa3' City of Federal Way · Commute Trip Reduction Services Period: July 1, 2002 through June 30, 2003 Exhibit B ~ ': :: ASSUMPTIONS Total Commute Trip Reduction Funds Available Number Of CTR Sites: ETR / PA FTE per site (direct service labor): Total FTE: # Service Hours per year # Hrs per site per year Est. Number of Survey Sites: $ 23,821 15 0.0135 0.203 423 28.2 13 A. Labor Direct Service Labor $ 16,384 Indirect Labor ~. 135 $ 2,212 Total Labor $ 18,596 B. Overhead and Operating Expenses Overhead Incentives, supplies and printing Total Overhead and Operating C. Database & Survey Management Contract Fixed Fee D. Estimated Workshop Costs: $ 1,980 $ 420 $ 2,400 $ 2,325 $ 23,321 $ 500 TOTAL $ 23,821 ieral Way DATE: TO: FROM: VIA: SUBJECT: September 16, 2002 Eric Faison, Chair Ix Land Use / Transportation Committee Mar~van Salloum, Strcl~Systcms Managrcr~'~~-- David I4. Mo/g'el~)?~SY Managel- ¢,,, Year 2002 Asphait'Ovcrla) Project AG #02 027, Final Project Acceptance and Retainagc Release BACKGROUND Prior to release of retainage on a Public Works construction project, the City Council must accept thc work as complete to meet both State Department of Revenue and State Department of Labor and Industries requirements. The above referenced contract with Lakeside Industries, Inc. is complete. The final construction contract amount is $1,628,054.07. This is $ 253,352.47 below the $1,881,406.54 (including contingency) budget that was approved by thc City Council on March 13, 2002. Staff xvill bc present at the September 16, 2002 Land Usc / Transportation meeting to answer any questions thc Committee may have. RECOMMENDATION Staff recommends placing the following item on the October 1, 2002 Council Consent Agenda tbr approval: Acceptance of the Lakeside Industries, Inc. 2002 Asphalt Overlay Project, in the amount of $1,628,054.07 as complete. APPROVAL OF COMMITTEE REPORT: Eric Faison, Chair Michael Park, Member Dean McColgan, Member MS:dl CC: 2002 Asphah Overlay Project File [)ay Fdc k:',lutc~,2002'2002 ()Vi l),l. A5' [:[NAI. doc ° eral Way DATE: September 16, 2003 TO: FROM: VIA: SUBJECT: Eric Faison, Chair Land Use/Transportation Committee Marwan Salloum, Street Systems Manage/~./ David H. M~er 200.> Asphalt Overlay Program l: r¢liuunary Project List and Authorization to Bid BACKGROUNI) Public Works staff has developed a list of recommended streets for the 2003 Asphalt Overlay Program. Thc total estimated budget for the program i5 $21028,974 and is 6orflPrised of the following: 2003 Overlay Budget 2003 Structures Budget 2002 Carry Forward (estimate) Total Funding Available $1,509,974 $119,000 S 400,000 $2,Q28,9~4 The $119,000 from the Structures budget is for the City's annual Sidewalk Replacement Program, and will cover the costs associated with the replacement of substandard wheelchair ramps, and repairing existing curb, gutter, and sidewalks xvithin the overlay project area. The following is a preliminary list of Streets to be included in the 2003 Asphalt Overlay Program. The streets were selected using the City's Pavement Management System and xvere verified by field reconnaissance. The costs shown are estimated and will be refined as the design of each schedule is completed. A project vicinity map and more detailed area maps are attached lbr your infornqation. Schedule A Schedule B Schedule (' Schedule D Schedule E Schedule F Schedule G Twin Lakes Phase I Twin Lakes Phase II Alder Grove South 288th Street (S 19th to Military) Secoma l.au~clwood Weyerhaeuser Way S & S 336th Estimated Subtotal Construction Project Costs $320.300 $378.500 $310.900 $182.400 $241700 $366400 $4O5 100 $2,205,300 10% Construction Contingency Pavement Management System In-house Design Construction Administration City's Administrative Fee Printing and Advertising F, stimated Total Program Cost S220,530 520,000 $66,000 $70,000 569,964 $3,500 The estimated cost of $2,655,294 is a preliminary figure used for estimating purposes only and includes construction administration, ten percent construction contingency, in-house design, printing and advertising. The 2003 Asphalt Overlay project will be awarded Within the above identified overlay construction budget. Once Council approves the list of streets for the overlay program, staff will begin the final design. The anticipated date for advertising is March 20'03, with construction beginning in May 2003. RECOMMENDATION Staff recommends the following items be placed on the October 1, 2002 City Council consent agenda: 1) 2) Approve the list of streets for the 2003 Asphalt Overlay Project Authorize staff to bid all or part of the 2003 Asphalt Overlay Project and return with a request for pemMssion to award the project within the available 2003 asphalt overlay budget to the lowest responsive, responsible bidder. APPROVAL OF COMMITTEE REPORT: Eric Faiso~, Chair Michael Park, Member Dean McColgan, Member MS:dl cc: l~rqicct File [)~y File k:,lt~t¢\2002\2oo~ o~'crlaylist.doc Preliminary List 2003 Overlay Project Vicinity Map N s Map Printed-Sep 9, 2002 Federal Way CityMap Note' This map is intented for use as a graphical representation only' The City of Federal Way makes no warranty as to its accuracy ,..J SW 317 PL SW 319 PL Preliminary List 2003 Overlay Project Schedule A- Twin Lakes Phase I N S Map Printed-Sep 9 2002 Federal Way CityMalp Note: This map is intented for use as a graph~caf representahon only The City of Federal Wav makes no warrantv a,s to its accuracy ~ ST !~ SW 320 ST I ~ SW 320 PL ]~' ~J ~'~" SW322 ST ~22 ? S 322 PL 322 PL 8W322_~/~ / PL - ~ ~ SW _~ ~ SW 325 ~ SW 327 ST SW 326 ST ~ ~ ~, SW 328 ST SW 328 ST ; '- Preliminary List 2003 Overlay Project Schedule B - Twin Lakes Phase 2 N Map Printed~Sep 9 2002 Federal Way CityMap Note: This map is intented for use as a graphical representation only The City of Federal Way makes no warranty as to its accuracy SW 331 PL 332 PL 339 PL 342 ST 342 ~ CT 343 ST SW 3~.9 ST SW 34O ST SW 340 PL SW 341 339 SW 339 .~W 34O SW 341 CT SW 342 SW 343 PL If-' ~ SW 334 PL 336 ST SW337 ST SW 343 25 Pk.. SW 339 ST SW341 ~ ~. S~ 342 ~T SW 342 SW 33,~ ST Preliminary List 2003 Overlay Project Schedule C - Alder Grove N Map Printed~ep 9 2002 Federal Way CityMap Note: This map is intented for use as a graphical representation only Th~ ~.ifv of F:~rl~r~l W~t/ rn~l(,~ r~ w~rr'~nfv ~F; iF) i~.¢; ,3cc. Iir~zv <~~2~84 LN ~ S2__8,.y,. ~ LN S 288 ST 289 ST k, .S ~84 PL S,.285 ST S 286 ST 2875; S 287 ST PL ~ ST S 288 PL S 291 ST Preliminary List 2003 Overlay Project Schedule D -S 288th Street N Map Printed~Sep 9 2002 Federal Way CityMap Note: This map is intenled for use as a graphical representation only The City of Federal Way makes no warranty as to its accuracy S '293 ST 295 m m ~ , S 296 PL ~ _S 298 ST , S 299 S 299 PL~ ST -"-~I"~ S 300 ST S 301 ST S 301 PL 302<~-~'> ~PL '~ l 301 1 ST_lc_ 302 I~ % S 301 ST Preliminary List 2003 Overlay Project Schedule E - Secoma N Map Printed-Sep 9 2002 Federal Way CityMap Note. This map is intented for use as a graphical representation only The City of Federal Way makes no warranty as to its accuracy. S 28_9 ST I /281 r / ~ ~] ~-~ ,~ , ' ~ ~ ~l ~. ~ ~ ~E ~T > ~S282ST~ S282S /~ I ~ ~ / 1~ ~ I~ < -gL "~' ~ '~ 1288 ~ ~ t S28~ ST ~~ S288ST ~ ~ ~r ~ ' [ ' ~ ~ I 89 ~ rPL 289 PL ~ . ~/ ] S 291 ~ S ~. ~e \ 293 PL \'~ ~_- - ,' S 300 ST ," ~1 S~ > ~5~_ ~S302S[ 293 ST S299 ~,' S29_9 PLi ST Ls oos, S 301 ST S 301 PL 296 PL S 298 ST %L__ q _ S299 --~ ST ..... L_ !~ ..... 301 ST ,j ~ %'~ S301ST Preliminary List 2003 Overlay Project Schedule F - Laurelwood N Map Printed-Sep 9 2002 Federal Way CityMap Note. This map is/ntented for use as a graphical representation only COLONIAL WY i~S 331°iST 333 ST 336 ST / / / / / S 334 ST S 325 ST Preliminary List 2003 Overlay Project Schedule G - Weyerhaeuser Way N Map Printed-Sep 9 2002 Federal Way CityMap Nole: This map is intended for use as a graphical representation only. The ¢..itv of ¢¢cl~rgl WRy mgke~; no wgrr~ntv ~.q f~ its CITY OF FEDERAL WAY CITY COUNCIL LAND USE/TRANSPORTATION COMMITTEE 'September 16, 2002 Meeting. Date: From: Via: Subject: September 10, 2002 Patricia A. Richardson, Interim City Attorney D~ David It. ~anager Resolution Authorizing the City Manager or Designee to Execute Property Documents Related to City Business Background: A recent review of City policies revealed that City Council has not committed to xvriting the City Manager's authority to execute property documents related to City business. The proposed resolution memorializes (1) the City Council's delegation of authority to the City Manager, and (2) the historical practice, which enables the City staffto enter property for the purpose of inspecting compliance of regulations, to process development permits and/or to accept donations of land. The property transactions that the City Manager may execnte involve only dedicated or donated property that the City will receive without payment of any monies without specific City Council approval. Staff Recommendation: Staff recommends that the Land Use/Transportation Council Committee approve the proposed Resolution Authorizing the City Manager or Designee to Execute Property Documents Related to City Business. Committee Recommendation: Approve the Resolution Authorizing the City Manager or Designee to Execute Property Documents Related to City Business, and tbrward to fidl Council for consideration at the October 1, 2002, Council meeting. APPROVAL OF COMMITTEE REPORT: Committee Chair Eric Faison Committee Member Michael Park Committee Member Dean McColgan RESOLUTION NO. A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF' FEDERAL WAY, WASHINGTON, AUTHORIZING' THE CITY MANAGER OR THE MANAGER'S DESIGNEE TO EXECUTE PROPERTY DOCUMENTS RELATED TO CITY BUSINESS. WHEREAS, pursuant to RCW 35A. 11.020, the City of Federal Way Council is authorized to organize and regulate the internal affairs of the City of Federal Way; and WHEREAS, the City Council is authorized, pursuant to RCW 35A. 11.020, to execute documents relating to real property of all kinds; and WHEREAS, the City Manager is authorized, pursuant to RCW 35A.13.080, to supervise the administrative affairs of the City and to perform other duties as assigned by the City Council; and WHEREAS, City business such as monitoring compliance or issuing permits may require the execution of certain property documents; and WHEREAS, it is in the best interest of the City to authorize the City Manager or the Manager's designee to execute those property documents relating to City business, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section I. The City Manager or the Manager's designee is hereby authorized to execute property documents relating to City business, which include but are not limited to right of entry, dedicated easements, dedicated tracts of land, dedicated right-of-ways, trades and/or'donations. Res. # , Page I Section 2. Severability. If any section, sentence, clause or phrase o f 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 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 THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this __ day of ., 2002. CITY OF FEDERAL WAY ATTEST: MAYOR, JEANNE BURBIDGE CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: INTERIM CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. k:\rcso\dclegate c~cmcnts 9/11/02 Res. #__, Page CITY OF FEDERAL WAY PLANNING COMMISSION RECOMMENDATION September 9, 2002 To: VIA: FROM: Eric Faison, Chair Land Use/Transportation Committee (LUTC) David M~nager Kathy McClung, Director of Com~nunity Development Services/~' ~ Margaret H. Clark, AICP, Senior Planner ~ SUBJECT: Amendments to Federal Way City Code (FWCC) Chapter 22 to Develop a Process for Development Agreements and Related Code Amendment to Consolidate Public Hearings MEETING DATE: September 16, 2002 I. BACKGROUND Earlier this year, staff was given direction by the Land Use/Transportation Committee (LUTC) to prepare development agreements for consideration by the City Council on two requests that were reviewed as part of the 200 l Comprehensive Plan Amendment Process. The City of Federal Way does not now have a formal process for reviewing development agreements. II. PROPOSAL Staff has prepared a new process that would govern review and approval of development agreements, Adoption of a new process requires the following code amendments to tbe text of FWCC Chapter 22: Amend FWCC Chapter 22, Article IX, "Process VI Review," to allow comprehensive plan amendments and associated rezone requests to be reviewed pursuant to development agreements (Exhibit d of Exhibit 1). 2. Create a process to govern review and approval of development agreements (Exhibit B of Exhibit 1). 3. Add language to the land use charts to allow the City Council's public bearing on a develop~nent agreement to take the place of the public bearing on the master plan or other Process IV hearing by the Hearing Examiner to establish the use (Exhibit C of Exhibit 1). III. PLANNING COMMISSION/STAFF RECOMMENDATION The Planning Commission conducted a public bearing on September 4, 2002, and recommended that the code amendments, as recommended by staff, be adopted by the council (Exhibit 2 - September 4, 2002, Planning Commission Minutes). The staff report to the Planning Commission is attached as Exhibit 1 of this memorandum. The proposed code amendments are Exhibits A-C of Exhibit 1. Proposed changes in Exhibits A and C of Exhibit 1 are shown as strikeout (deletions) and underline (additions). The new process for reviewing development agreements is shown as ExhibitB of Exhibit 1. Since this entire SectiOn is new, it has not been underline& IV. PROPOSED REFINEM.ENT BY STAFF Between the September 4, 2002, Planning Commission public hearing and the preparation of this staff report to the LUTC, staff has proposed further refinement language intended purely for clarification purposes. The staff's proposed new language is shown in Exhibit 3, with proposed deletions shown as dou~,~!e~ ~r?~,c~,e.~,t and additions shown as double underline. V. COUNCIL ACTION/STAFF RECOMMENDATION The Committee has the following options: 1. Recommend that thc 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 Committee recommend to the full Council Option No. 2 above, that is, adoption of the Planning Com~nission's recommendations with the further clarification changes recommended by staff. 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 Dean McColgan Mike Park List of Exhibits Exhibit I Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 September 4, 2002, Staff Report to the Planning Commission with Exhibits A-C September 4, 2002, Planning Commission Minutes Planning Staff Recommendation/Further Refinements with Exhibits A and B Flow Chart of New Process to Review Development Agreements Ordinance Adopting Code Amendments 1:~2002 Code Amendments\Development AgrcemcnCs\LLrFCLPC Rec StaffReport to LUTC.DOC/09/10/2002 3:05 PM Page 2 STAFF REPORT TO THE. PLANNING COMMISSION Amendments to Federal Way City Code (FWCC) Chapter 22 Develop a Process for Development Agreements and Related Code Amendment to Consolidate Public Hearings Planning Commission Meeting of September 4, 2002 BACKGROUND Staff was given direction by the Land Use/Transportation Committee (LUTC) to prepare development agreements for consideration by the City Council on two requests that were reviewed as part of the 2001 Comprehensive Plan Amendment Process. However, the City of Federal Way does not have a formal process for reviewing development agreements. Pursuant to RCW 36.70B.200, a city may approve a development agreement only after a public hearing. The City Council may conduct the public hearing or may delegate its authority to the Hearing Examiner or Planning Commission. Staff has prepared a new process that would govern review and approval of development agreements. Development agreements may be used at the City Council's discretion in cases of a comprehensive plan amendment and an associated rezone where the project is larger in scope and has potentially larger impacts than normal, or where certain restrictions may be desired to be placed on the proposal. The intent of a development agreement is not to waive requirements normally associated with a proposed use. Adoption of a new process requires the following code amendments to the text of FWCC Chapter 22: Amend FWCC Chapter 22, Article IX, "Process VI Review," to allow comprehensive plan amendments and associated rezone requests to be reviewed pursuant to development agreements (Exhibit A). Create a process to govern review and approval of development agreements (Exhibit B). Add language to the land use charts to allow the City Council's public hearing on a development agreement to take the place of the public hearing on the master plan or other Process IV hearing by the Hearing Examiner to establish the use (Exhibit C). Page I of 5 The following .Section II more fully discusses the proposed code amendments. These amendments are shown in Exhibits A-C and have been prepared in "line-in/line-ou~" format, with str[keeuts (proposed deletions) and.unde[line (proposed additions) indicated. II Discussion of PropOsed Code Amend ments A mend FWCC Chapter 22, Article LE, "Process VI Review, "ta allow comprehensive plan amendments and associated rezone requests to be reviewed pursuant to development agreements. Staff is proposing changes to Chapter 22, Article IX in order to allow certain requests for site- specific comprehensive plan amendments and rezones to be processed with development agreements (Exhibit A). As stated in Section I- Background of this staff report, development agreements may be used at the City Council's discretion in cases of a comprehensive plan amendment and an associated rezone where the project is larger in scope and has potentially larger impacts than normal, or where certain restrictions may be desired to be placed on the proposal. The intent of a development agreement is not to waive requirements nonnally associated with a'proposed use. A recommendation to utilize a development agreement may occur at the selection stage (FWCC Section 22-523), at which point the council holds a public hearing to determine which requests should be studied further; at the public hearing by the Planning Commission (FWCC Sections 22-534 through 220-540); or may be determined by the City Council at the time that they take action on the comprehensive plan amendments (FWCC Section 22-541). Due to the nature of development agreements, staff is recommending that the City Council make the final decision on development agreements. However, pursuant to RCW 35A.63, by ordinance, every code city shall appoint a planning commission who will hold a public hearing on the comprehensive plan and make a recommendation to the council. This means that in the case of development agreements, there would be two public hearings, one by the planning commission and one by the city council. Therefore, staff proposes to amend FWCC Section 22- 534 to allow for two public hearings for development agreements. Pursuant to FWCC Section 22-031, both comprehensive plan amendments and the preparation of development agreements are exempt from the requirements of RCW 36.70B.050 to provide no more than one open record hearing and one closed record appeal. Staff has also proposed other housekeeping changes to amend the code where language is no longer pertinent such as in FWCC Sections 22-520 and 22-521 where there is presently language referring to action to be taken in Calendar Year 1999. Other changes that are being proposed are for clarification purposes. 2. Create a process to govern review and approval of development agreements. The following summarizes the proposed major steps for review of a development agreement. Please note that the proposed code amendment (Exhibit B) uses a fictitious numbering system to help follow references between sections. (a) Planning staff, Planning Commission, the Land Use/Transportation Committee (LUTC), the City Council, or an applicant may initiate a development agreement (FWCC Section 22-004). Page 2 of 5 (b) At the time the City Council takes final action on whether to approve or disapprove a request for a siteispeci'fi¢ comprehensive plan amendment and rezone, the City Council shall determine whether a development agreement should.be prepared (FWCC Section. 22-541). (c) The City, after consultation with the applicant, determines the parameters of the development agreement, e.g., the kinds of uses and intensity of uses allowed, types of structural or other setbacks, or type of road improvements (FWCC Section 22-005[a]). (d) (e) (0 (g) (h) (i) (J) The applicant prepares a development plan that is consistent with the parameters of the development agreement. The development plan may vary in the amount of detail to be included, depending on whether a project has been identified for the site (FWCC Section 22-005[b]). The City identifies impacts and mitigation associated with the implementation of the development plan. This would require the preparation of an environmental checklist. The detail of the checklist and the type of studies to be submitted would depend on the type of development agreement (FWCC Section 22-009). If a development plan is accompanying the development agreement, the Director of Community Development Services shall issue an administrative decision on the Community Design Guidelines (FWCC Section 22-010). The Hearing Examiner hears any appeal of the threshold determination at the same time as any appeal of the decision on the Community Design Guidelines (FWCC Section 22-010). The Hearing Examiner hears any Process IV requests, such as requests for variances or requests for encroachment into environmentally sensitive areas, prior to the Council's hearing on the development agreement and development plan (FWCC Section 22-011). In order to avoid duplication of hearings, a companion code amendment is proposed (see//3, following) to allow the City Council's public hearing on a development agreement to take the place of the public hearing on the master plan or other Process IV hearing by the Hearing Examiner to establish the use (example of language shown in Exhibit C). The City Council makes the final decision on the development agreement and development plan after holding a public hearing. Any appeals of the Hearing Examiner's decisions shall be heard by the City Council in a closed record appeal. Existing city code requires an appeal of the Heariug Examiner's decision on an appeal of an administrative decision on Community Design Guidelines to go to Superior Court and not to the City Council. For development agreements, staff is recommending that the appeal go to the City Council since the council will be reviewing the development plan, including architectural drawings (FWCC Section 22-015). Page 3 of 5 Add language to the land use charts to allow the City Council's public hearing on a.development agreement to.take theplace of'the public hearing on the master plan or other Process 1I; hearing by the Hearing Examiner to establish the usei' The proposed language is shown in Exhibit C, which is FWCC Section 22-671, "Land Use Chart," pertaining to churches in a RM zone. If approved, similar language will be inserted in all of the land use charts where a use requires approval by the Hearing Examiner through Process IV review. III 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 reviexv, the role of the Planning Commission is as follows: 1. To revie~v and evaluate the zoning code text regarding any proposed amendments; 2. To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528; and, 3. To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. IV DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. Tile following section analyzes the compliance of the proposed zoning text amendment with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan; Tile proposed FWCC text amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan (FWCP) goals and policies: LUG1 Improve the appearance and function of the built environment. LUP 6 Conduct regular reviews of development regulations to determine how to improve upon the development review process. 2. The proposed amendment bears a substantial relationship to public health, safe(l;, or we~re; ami The proposed FWCC text amendments would allow development agreements to be utilized in cases of a comprehensive plan amendment and an associated rezone where the project is larger in scope and has potentially larger impacts than normal, or where certain restrictious may be Page 4 o f 5 desired to be placed on the proposal. Controlling potential adverse impacts associated with a comprehensive plan amendment and rezone bears a substantial relationship to the public health, safety, and welfare: 3. The proposed amendment is in the best interest of the residents of the City. The proposed FWCC text amendment will supplement existing review processes and clarify how development agreements should be processed by adopting a formal process for reviewing development agreements. Clarification of city codes is in the best interests of the residents of the City. V 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. R~ecommend 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° VI STAFF RECOMMENDATION The following motion is suggested: Move to recommend to the City Council for adoption of the proposed FWCC text amendments. (If changes occur as a result of Planning Commission deliberations add, "as amended by the Planning Commission.") VII EXHIBITS Exhibit A - Exhibit B - Exhibit C - FWCC Chapter 22, Article IX, "Process V1 Review," with Proposed Amend~nents Proposed New Process for Development Agreements FWCC Section 22-671, "Land Use Chart," Pertaining to Churches in a RM Zone with Proposed Amendment 152002 Code Amendmcnts\Dcvclopmcnt Agreements\LUTC\090402 STAFF REPORT to PC.doc/09/10/2002 1:58 PM Page 5 of 5 EXHIBIT'A of EXHIBIT 1 Article IX. · PROCESS VI REVIEW* Sections: 22-516 22-517 22-518 22-519 22-520 22-521 22-522 22-523 22-524 22-525 22-526 22-527 22-528 22-529 22-530 22-531 22-532 22-533 22-534 22-535 22-536 22-537 22-538 22-539 22-540 22-541 22-542 22-543 22-544, Purpose. Initiation of proposals. Docket. Compliance with State Environmental Policy Act. City council review. Timing of filing - Notice. Application. Criteria for prioritizing plan amendment requests. Preapplications required. Legislativb rezones. Criteria for approving a legislative rezone. Map change. Zoning text amendment criteria. Factors to be considered in a comprehensive plan amendment. Criteria for amending the comprehensive plan. Official file. Notice. Staff report. Public hearing. Material to be considered. Electronic sound recordings. Public comment and participation at the hearing. Continuation of the hearing. Planning commission - Recommendation. Planning commission - Report to city council. City council action. Transmittal to state. Appeals. 22-545 Reserved. *Editor's note - Ord. No. 99-337, 8 2, adopted March 2, 1999, repealed Article IX, §8 22-516 - 22-538 in its entirety and enacted a new Article IX, 8SS 22-516 - 22-543. Former Article IX pertained to similar material and derived from Ord. Nos. 90-43, 88 2(130.10, 130.20, 130.25, 135.15, 140.15, 140.20, 140.25, 160.05, 160.10, 160.15, 160.20, 160.25, 160.30, 160.40, 160.45, 160.50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted Feb. 27, 1990; Ord. No. 91-112, 8 1(160.10, 160.15, 160.20, 160.25, 160.30, 160.40, 160.45, 160.50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted Dec. 3, 1991; and from Ord. No. 97-291, § 3, adopted April I, 1997. 22-516 Purpose. Various places in this chapter indicate that certain proposals to amend the zoning map through a legislative rezone, amend the text of this chapter, or amend the comprehensive plan ~nust be reviewed and decided upon using process VI. This article describes process VI. (Ord. No. 99-337, § 2, 3-2-99) ©2002 Code Publishing Co. l'agc I 22-517 Initiation of proposals. .A proPOsal that will be reviewed using this article may be initiated by the city council or council committee, or requested by the planning commission, city staff, or any interested Person, including applicants, citizens, hearing examiners, and staff of other, agencies. (Ord. No. 99-337, {} 2, 3-2-99) 22-518 Docket. The department of community development services shall maintain a docket of all changes to the comprehensive plan or development regulations and proposed by interested persons (including development applicants, citizens, hearing examiners, and/or other agencies and staff). (Ord. No. 99-337, {} 2, 3-2-99) 22-519 Compliance with State Environmental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development services shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. (Ord. No. 99-337, § 2, 3-2-99) 22-520 City council review. (a) Docketed amendment requests. The city council shall review all requests docketed with the department of community development services concurrently, on an annual basis and consistent with RCW 36.70A.130(2). As part of such annual review, the council shall review all requests received prior to September 30th of the calendar year. Requests submitted after September 30th shall be considered during the folloxviug annual review. ~d~t~:~. ~'~~~ (b) Other amendments. The city council shall review city-initiated changes to the text of the comprehensive plan concurrently with docketed amendment requests. The city council may also review or amend the comprehensive plan whenever an emergency exists, to resolve an appeal of the comprehensive plan or amendments thereto, or in other circumstances as provided for by RCW 36.70A. 130(2)(a). The city council may also review city-initiated changes to the text of this chapter or to the ci~'s zoning map from time to time at the council's discretion. (c) Additional information. The city council may request, through the city manager, that the depaament of community development services or any other depaament of the city provide any information or material on the proposal(s), consisteut with FWCC 22-531. (Ord. No. 99-337, ~ 2, 3- 2-90) 22-521 Timing of filing - Notice. Sixty days prior to September 30th in each calendar year, the city shall notify all 'persons who submitted docket forms after September 30th of the previous calendar year. h~ !9C~0 ~;~;!,,. (¢)4a~ t'cque.~s-vcc--~-~ot c<msidcq"~J~4t~dng th 'e~X~LgS ;',mc~tmcq~t~pt~;cc.~;s;. Notice shall be given as follows: (1) Public notice notifying the public that the amendment process has begun shall be published iu thc city's official newspaper. (2) Notice shall be posted on the official city public notice boards. (3) A copy of the notice shall be mailed to other local newspapers. (4) All agencies, organizations, and adjacent jurisdictious with an interest, and all persons, xvho ill the judgement of the director of community development services may bc ct32002 Code Publishing Co. Page 2 directly affected by changes to the comprehensive plan QZ t_l_ev_C[gJ2~_!_!.._e/~t regt!l_ations_shall be sent a copy of the notice. In determi.ning wh° may be affected by changes to thc comprehensive p!an development retaliations ,,~ ........... the director may rely on wri~en co~espondence indicating an interest and received a~er September 30th of the pre~ious year. (Ord. No. 99-337, ~ 2, 3-2-99) 22-522 Application. (a) Who may apply. Any person may, personally or through an agent, apply for a site-speCific comprehensive plan designation change xvith respect to prope~y he or she owns. In addition, any person may, personally or through an agent, request changes to the text of the comprehensive plan or development regulations codified in this chapter. (b) How to apply. An applicant must complete ~bc!:e~an ;~t2t}!..)_q.a)i~2~form prepared by the city. An applicant seeking a ~c~4fic plan (er zani::g dc~;i?:'.~i<m change in plan clesi~nation ~md /oni,]u q~r ~Sl)eBilic parcel shall also file the information specified in FWCC 22-478 with the depa~ment of community development services. (c) The director of communiW development se~ices shall have the authority to waive any of the requirements of this section, if in the director's discretion, such info~ation is not relevant or would not be useful to consideration of the proposed amendment. (d) Fee. There is no fee for this initial application. After the prioritization process, applications to be considered during the amendment process shall submit the fee established by the city. (Ord. No. 99-337, ~ 2, 3-2-99) 22-523 Criteria for prioritizing plan amendment requests. (a) After September 30th but prior to adopting any dacketed amendment requests, the city council shall hold a public hearing and select those Od:eted amendmenl requests it wishes staff' to research ['tu'thcr. ~'om;~r Ik~&)pli~m. In 109~x. ,;clccticn ~;h:~ll occur ~fiScr~q,:'il BOth. (b) The city council shall consider the following criteria following a public hearing in selecting the comprehensive plan amendments or dcxclopmcnt retaliations to be considered during the upcoming cycle: (1) Whether the same area or issue was studied during the last amendment process and conditions ;,, thc immcd~xicinit~ have significantly changed so as to make the requested change within the public interest. (2) Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. (3) Whether the proposed amendment meets existing state and local laws, including the Gro~h Management Act. (4) In the case of text amendments or other amendments to goals and policies, xvhether the request benefits the city as a whole versus a selected group. (c) If the request meets the criteria set fonb in subsections (b)(1) through (b)(4) of this section, it shall be fu~her evaluated according to the following criteria: (1) Whether the proposed amendment can be incorporated into planned or active prQects. (2) Amount of analysis necessa~ to reach a recommendation on thc request. If a large scale study is required, a request may have to be delayed until the following year due to xvork loads, staffing levels, etc. (3) Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. (4) Order of requests received. (d) Based on its review of requests according to the criteria in subsections (b) and (c) of this section, the council shall determine which requests shall be fu~her considered for adoption, and shall forward those requests to the planning commission for its review and recommendation. ~)2002 Code l)ublishing Co. IMg¢ 3 (e) The council's decision to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should.be adopted nor 'does it preclude later council action to add or delete an amendment for consideration. (Ord. No. 99-337, § 2, 3-2-99) 22-524 Preapplications required. All applicants seeking an amendment to comprehensive land use designations of the official comprehensive plan (site-specific requests) must apply for a preapplication conference with the city's development review'committee (CDRC). (Ord. No. 99-337, § 2, 3-2-99) 22-525 Legislative rezones. A legislative rezone is a rezone that meets the following criteria: (1) It is initiated by the city; and (2) It includes a large number of properties which would be similarly affected by thc proposed rezone. All other rezones not meeting the above criteria are treated as quasi-judicial rezones and are reviewed and decided upon using process V. (Ord. No. 99-337, § 2, 3-2-99) 22-526 Criteria for approving a legislative rezone. The city may decide to approve a legislative rezone only if it finds that: (1) The proposal is consistent with the comprehensive plan; (2) The proposal bears a substantial relation to public health, safety, or welfare; and (3) The proposal is in the best interest of the residents of the city. (Ord. No. 99-337, § 2, 3~ 2-99) 22-527 Map change. If tile city approves a legislative rezone,_ [![_!~ ~)a[Lg? i!!. (! ~?l!.~l~!i~].}~!!Si}c...Pl~!!.). [!)!~P clc~i~,_,~atio~L it will give effect to this decision by making the necessary amendment to the zoning map of thc city. (Ord. No. 99-337, § 2, 3-2-99) 22-528 Zoning text amendment criteria. The city may amend the text of this chapter only if it finds that: (1) The proposed amendlncnt is consistent with the applicable provisions of the comprehensive plan; (2) Tile proposed mnendment bears a substantial relation to public health, safety, or welfare; and (3) The proposed amendment is in the best interest of the residents of'the city. (Ord. No. 99-337, § 2, 3-2-99) 22-529 Factors to be considered in a comprehensive plan amendment. The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan: (1) The effect upon the physical environment. (2) The effect on open space, streams, and lakes. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. (5) The benefit to the neighborhood, city, and region. (6) The quantity and location of land planned for the proposed land use type and density and tile demand for such land. (7) The current and projected population density in the area. (8) The effect upon other aspects of the comprehensive plan. C)2002 Code Publishing Co. Page 4 In order to encoui'a~ze efficient and desired development and redevelopment of ex istin[Lg land dcsimmted and zoucd tbr commercial uses, when considcrina proposals for comprehensivc plan amcndm}2nts and rczoncs to commercial desimml'ions, tile City will cousider development trends in commercially zoned areas, market klemand for commercial land, and amotml of vacant commercial land before addina more land to lhe commercial zoning land base. For site-specific comprehensive plan amendments, the provisions of FWCC 22-488(c) shall also apply. (Ord. No. 99-337, ss 2, 3-2-99) 22-530 Criteria for amending the comprehensive plan. The city may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; and (2) The proposed amendment is in the best interest of the residents of the city; (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city's adopted plan not affected by the amendment. (Ord. No. 99- 337, § 2, 3-2-99) 22-531 Official file. (a) Contents. The director of community development services shall compile an official file containing all information and materials relevant to the proposal and to the city's consideration of the proposal. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of community development during regular business hours. (Ord. No. 99-337, § 2, 3-2-99) 22-532 Notice. Notice provisions nnder this section shall be followed for both the public hearing during which all requests for changes to the .c-`9-!E~JLeJ-~-!~5-i-5~.~[~-~!.L!~m~:.[~?"d~.~.ig!~..t.i.~)"~...~J~d~.z~ning map, z:ming lex4, tcxl of the comprehensive plan, and lcxl of thc dcvclopmcnl rcmtlations are prioritized bx the ci~x council, as well as the public hearing held by the planning commigsion. (1) Contents. The director of community development se~ices shall prepare a notice of each proposal, for which a public hearing will be held, containing the following information: a. The citation, if any, of the provision that would be changed by the proposal along with a brief descriptiou of that provision. b. A state~nent of how the proposal would change the affected provision. c. A statement of what areas, comprehensive plan dcsim~ations, zones, or locations will be directly affected or changed by the proposal. d. The date, time, and place of the public hearing. e. A statement of the availability of the official file. f. A statement of the right of any person to submit writlen comments to the planning commission and to appear at the public hearing of the planning commission to give comments orally. (2) Distribution. The director of co~nmunity development se~ices shall distribute this notice at least 14 calendar days before the public hearing following the procedures of FWCC 22- 521. In addition, the procedures of FWCC 22-481 shall be followed for site-specific requests regarding notification of adjacent prope~y owners posting of the site. (Ord. No. 99-337, f 2, 3-2-99) 22-533 Staff report. (a) General. Tile director of community development services shall prepare a staff report containiug: (1) An analysis of the proposal and a recommendation on the proposal; and 02002 Codc t'ublishing Co. Page 5 (2) Any other information the director of communitY development services determines is necessary for consideration of the proposal, consistent with FWCC 22 529, 22-526, 22:528, 22-' 529 and 22-530. For sitc-specifi'c comprehensive plan-amendments, the provisions of FWCC 22- 488(c) shall also apply. (b) Distribution. The director of community development services shall distribute the staff report as follows: (1) A copy will be sent to each member °fthe planning commission prior to the hearing. (2) A copy will be sent promptly to any person requesting it. (Ord. No. 99-337, § 2, 3-2-99) 22-534 Public hearing. (a) Generally. The planning commission shall hold public hearings on each proposal, consistent with FWCC 22-535, unless the city council elects to hold its own hearings on the proposal, in which case planning commission review pursuant to this article shall not be required. (b) Open to public. The hearings of the planning commission are open to the public. (c) -Pursuant to Section 22-015, whcu a dcvclopmcnt agreement and plan have been prepared, thc city council shall hold a public hcaritm. (<-34c~_Effect. Except as provided in subsection (a) and (cLof this section, the hearing of the planning commission is the hearing for city council. City council need not hold another hearing on the proposal. (Ord. No. 99-337, § 2, 3-2-99): 22-535 Material to be considered. (a) Generally. Except as specified in subsections (b)_, and (c), and (d) of this section, the planning commission and city council may consider any pertinent information or materials in reviewing and deciding upon a proposal under this article. (b) Exclusion. Except as specified in subsection (c) and (d) of this section, the city may not consider a specific site plan or project in reviewing and deciding upon a proposal under this process. (c) In thc case of dcvclol)mcnt aarccmcnts, thc director of community development services max' require thc applicaut to submit anx additional information or material, that is reasonably !l¢?e~_s.3;5 (5).[ a d_eci_5j.~5~!..5)!! [l!5~jB,..q. ilt~!;~ !.~}91_t!_ding~ si[~ plan associated with a site-stLe_cjfi_c__refl_t, tes!.: t-c-l- (d) Exception for euvironment information. If a proposal that will be decided upon using this article is part of a specific project, the city may consider all information pertaining to SEPA environmental review and submitted under FWCC 22-519 in deciding upon that proposal. (Ord. No. 99-337, § 2, 3-2-99) 22-536 Electronic sound recordings. The planning commission shall make a complete electronic sound recording of each public hearing. (Ord. No. 99-337, § 2, 3-2-99) 22-537 Public comment and participation at the hearing. Any interested person may participate in the public hearing in either or both of the following ways: (1) By submitting written comments to the planning commission either by delivering these comments to the department of community development services prior to the hearing or by giving them directly to the planning commission at the hearing. (2) By appearing in person, or through a representative, at the hearing and making oral comments. The planning commission may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. No. 99-337, § 2, 3-2-99) 22-538 Continuation of the hearing. The planning cotnmission may, for any reason, continue the hearing on the proposal. If, during the hearing, the planning commission announces the time and place of the next public ©2002 Code Publishing Co. Page 6 hearing on the proposal and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given. (Ord. No. 99-337, § 2, 3-2-99)' 22z539 Planning commission - Recommendation. (a) Generally. Following the public hearing, ,the. planning commission Shall consider the proposal in light of the decisional criteria in FWCC._~ .... ~'~1., ~.: '~' ~~~<~: ,~, .... __'~0 525 22-526, 22-528, 22-529~ 22-530 and 22-488(c), and take one' 0fthe following actions: (1) If the planning commission determines that the proposal shouldbe adopted, it may, by a majority vote of the entire membership, recommend that city council adopt the proposal. (2) If the planning commission determines that the proposal should not be adopted, it may, by a majority vote of the members present, recommend that city council not adopt the proposal. (3) If the planning commission is unable to take either of the actions specified in subsection (a)(1) or (a)(2) of this section, the proposal will be sent to city council with the notation that the planning commission makes no recommendation. (b) Modification of proposal. The planning commission may modify the proposal in any way and to any degree prior to recommending the proposal to city council for adoption. If the planning commission fundamentally modifies the proposal, the planning commission shall hold a new public hearing on the proposal as modified prior to recommending the proposal to city council for action. (Ord. No. 99-337, § 2, 3-2-99) 22-540 Planning commission - Report to city council. (a) Generally. The director of community development services shall prepare a planning commission report on the proposal containing a copy of the proposal, along with any explanatory information, and the planning commission recommendation, if any, on the proposal. (b) Transmittal to city council. The director of community development services shall transmit the planning commission report to the city manager for consideration by city council. (c) Distribution. The director of community development services shall promptly send a copy of the planning commission report to any person requesting it. (Ord. No. 99-337, § 2, 3-2-99) 22-541 City council action. (a) General. Within 60 days of receipt of the planning commission report by the city manager, the city council shall consider the proposal along with a draft ordinance prepared by the city attorney, appropriate to enact or adopt the proposal. (b) Decisional criteria. In deciding upon the proposal, the city council shall use the decisional criteria listed in the provisions of this chapter describing the proposal. (c) City council action. After consideration of the planning commission report and, at its discretion, holding its own public hearing on the proposal, the city council shall by majority vote of its total membership: (1) Approve the proposal by adopting an appropriate ordinance; (2) Modify and approve the proposal by adopting an appropriate ordinance; (3) Disapprove the proposal by resolution; or (4) Refer the proposal back to the planning commission for further proceedings. If this occurs, the city council shall specify the time within which the planning commission shall report back to the city council on the proposal. (Ord. No. 99-337, § 2, 3-2-99) (_~5)_!f the city council determines fha! a development agreement shall be p~ared for a site-speci[~c rcquesl, the city council shall recommend further analysis based on Article ** Dcvclopmcnt Am'cements. 22-542 Transmittal to state. At least 60 days prior to final action being taken by the city council, but not prior to the close of the planning commission public hearing and transmittal of planning com~nission 02002 Code Publishing Co. Page 7 recommendation to the LUTC, the State n,~,,, Office of.CommUnity '~"'~a.~ ~""~ I: ......... ,4¢ Development (DCTED ()CD) and other interested affected' local and state agencies, the county and surrounding jurisdictions shall be provided with a'copy oftheamendments in order to initiate the 60-day comment period. All other parties previously notified shall be again notified that the draft amendments of the comprehensive plan are available on request on a cost recovery basis. No later than 10 days after adoption of the comprehensive plan, a copy of the adopted comprehensive plan shall be forwarded to.!)C'!'!~!) _QC_l_)._and others who submitted written. co~nments on the draft comprehensive plan. (Ord. No. 99-337, § 2, 3-2-99) 22-543 Appeals. The action of the city in granting, modifying or denying an amendment to this chapter or to the comprehensive plan may be reviewed by the Central Puget Sound Growth Management Hearings Board pursuant to Chapter 36.70A RCW. (Ord. No. 99-337, § 2, 3-2-99) 22-544, 22-545 Reserved. 1:\2002 Code Amendments\Development AgreementsklJ. lTC\Process VI as presented to PC.doc09/10/2002 2:33 1'51 ¢')2()02 Code l~t, bli.shing Co. l'agc 8 EXHIBIT B of EXHIBIT 1 This entire section of the code is new;. therefore~ it has not been' underlined.. Article ** DEVELOPMENT AGREEMENTS Sections: 22-001 22-002 22-003 22-004 22-005 22-006 22-007 22-008 22-009 Purpose. Authority. Content of development agreement. Initiation of proposals. Preparation of development agreement. Applications. Official file. Preapplications required. Compliance with State Environmental Policy Act. 22-010 Community design guidelines. 22-011 Timing of public hearings. 22-012 Factors to be considered in review of a development agreement. 22-013 22-014 22-015 22-016 22-017 22-018 22-019 22-020 22-021 Notice. Staff report. Public hearing and city council action. Notice of final decision° Judicial review. Term of agreement Recording. Amendment of development agreement. Minor modification of development plan. 22-001 Purpose. Development agreements associated with a comprehensive plan designation and related zoning change may be used at the city council's discretion. Development agreements are to be used xvhere the project is larger in scope and has potentially larger i~npacts than normal, or where the city council may desire to place certain restrictions on the proposal. The intent of a development agreement is not to waive requirements normally associated with a proposed use. 22-002 Authority. Pursuant to RCW 36.70B. 170, the city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction as part ora comprehensive plan amendment and associated rezone. The execution of a development agreement is a proper exercise of city police power and contract authority. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by serious threat to public health and safety. Articlc ** Pagc I of 6 Dcvelopment Agrecmcnts 22-003 Content of development agreement. (a) A development agreement must set. forth the development standards and other provisions that apply to and govern and vest the development, use, and mitigation Of the. development oftherea, l property for the duration specified in the agreement. A development agreement shall.be consistent with applicable development regulations. (b) For the purpose of this section, "development standards" may include, but is not limited to: (1) Project elements such as permitted uses, residential densities, and non-residential densities and intensities or building sizes; (2) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspections fees, or dedications; (3) Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW. Design standards such as maximum heights, setbacks, drainage, and water quality requirements, landscaping, and other development features; (4) Affordable housing; (5) Parks and open space preservation; (6) Phasing; (7) Review procedures and standards for implementing decisions; (8) A build-out or vesting period for applicable standards; and (9) Any other appropriate development requirement or procedure. 22-004 Initiation of proposals. A proposal that will be reviewed using this article may be initiated by city council or council committee, or requested by the planning commission, city staff, or applicant. 22-005 Preparation of development agreement. (a) Based oll council direction, and subsequent to action taken pursuant to Section 22-541(c)(5), after consultation with the applicant, the city shall determine the parameters of the development agreement in accordance with Section 22-003, Content of Developmeut Agreement. (b) The applicant prepares a development plan that is cousistent with the parameters of the development agreement. The development plan may vary in the amount of detail to be included, depending on city council direction identified in Section 22-541(c)(5). 22-006 Applications. (a) Who may apply. Any person may, personally or through all agent, apply for a decision regarding property he or she owns. (b) How to apply. The applicant shall file the following information with the department of community development services: (1) A completed application, with supporting affidavits, on forms provided by the department of community development services; (2) Two sets of stamped envelopes, and a list of the same, labeled with the name and address of all current owners of real property, as shown in the records of tile county assessor for the subject property, within 300 feet of each boundary of the subject property; (3) A copy of the county assessor's map identifying the properties specified in subsection (b)(2) of this section; (4) A vicinity map showing the subject property with enongh information to locate the property within the larger area; (5) Any information or inaterial that is specified in the provision of this chapter that describes the applied-for decision; Article ** Page 2 of 6 Development Agreements (6) All information specified in FWCC 22-33. Tile detail to be included in the'development plan is based on the c0/mcil's direction identified in Section 22-541(c)(5) and shall be related to the scope Of the proj'ect and its potential impacts; and (7) Any additional information or material that the director of community development services determines is reasonably necessary for a decision on the matter. (c) Fee. With the application the applicant shall submit the fee established by the city. The application will not be accepted unless it is accompanied by the required fee and meets the requirements of FWCC 22-33 and this section relating to what constitutes a complete application. 22-007 Official file. (a) Contents. The director of community development services shall compile an official file on the application containing the following: (1) All application materials submitted by the applicant. (2) The staff report. (3) All ~vritten comments received on the matter. (4) The electronic recording of the city council on the matter. (5) The decision on the development agreement by the city council. (6) Any other information relevant to the matter. (b) Availability. The official file is a public record. It is available for inspection and copying in tile department of community development services during regular business hours. 22-008 Preapplications required. All applicants seeking approval of a development agreement related to an amendment to comprehensive land use designations of the official compreheusive plan (site-specific requests) must apply for a preapplication conference with the city's development review committee (CDRC). 22-009 Compliance with State Environmental Policy Act. The State Environmental Policy Act applies to some of the decisions that xvill be made using this article. The director of colnmunity development services shall evaluate each proposal and, where applicable, comply with tile State Environmental Policy Act and with state regulations and city ordinances issued under authority of tile State Environmental Policy Act. Any appeal of the threshold determiaation must be consolidated with any appeal of the administrative decision on Community Design Guidelines and with any hearing oil an application for Process IV approval. 22-010 Community design guidelines. Tile development plan accompanying tile development agreement shall be subject to the requirements of FWCC Article VII. Process IV Review- Hearing Examiner's Decision of Article XIX. The application shall not be determined to be complete until a draft development agreement has been prepared and a development plan conforming to the parameters of the development agreement and meeting all pertinent requirements has been submitted. An appeal of the l-tearing Examiner's decision on tile appeal of an administrative decision on the Community Design Guidelines shall be heard by the city council based on the procedures of FWCC 22- 448 through 22-455 at tile same time that tile city council conducts a public hearing on tile development agreement and development plan pursuant to FWCC 22-015. 22-011 Timing of public hearings. Any requests associated xvith the project-specific development plan requiring a public hearing by tile ltearing Examiner shall be heard by the Itearing Examiner prior to tile public hearing by tile city council oil tile development agreemcut and development plan. The }tearing Examiner's review shall follow tile Article ** l'agc 3 of 6 l)cvcloplncnt Agrccmcnts provisions of FWCC Article VII. Process IV Review - Hearing Examiner'.s Decision and shall be limited to that particular aspect under his.pmwiew and shall not extend to .either the development agreement or development plan. 22-012 Factors to be considered in review of a development agreement. The city may consider, but is not limited tO, the following factors when considering a development agreement: (a) The compatibility with and impact on adjacent land uses and surrounding neighborhoods; (b) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. (c) Potential benefits of the proposal to the community. (d) 1'he effect upon other aspects of the comprehensive plan. 22-013 Notice. Notice provisions under this section shall be followed for the public hearing held by the city council. (a) Contents. ]'he director of community development services shall prepare a notice of the proposal, for which a public hearing will be held, containing the following information: (1) The name of the applicant and the project name (if applicable). (2) A statement of what comprehensive plan and zoning designation will be directly affected or ch-anged by the proposal. (3) The street address of the subject property or, if this is not available, a description of thc location of the proposal in nou-legal language. Except for notice published in the nexvspaper of general circulation in the city, the notice tnust also include a vicinity map that identifies the subject property. (4) The date, time, and place of the public bearing. (5) A statement of the availability of the official file. (6) A statement of the right of any person to submit written comments to the council and to appear at the public hearing of the council to give comments orally. (7) A statement that only persons who previously submitted comments to the planning commission or city council during the comprehensive plau amendment process or at this tilne, participates in the public bearing on the development agreement by submitting written comments to the city council or by participating in the public hearing or specifically requested a copy of the city council's decision on the development agreement and plan may appeal the city council's decision. (8) The identification of existing enviromnental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (b) Distribution. The director of community development services shall distribute this notice at least 14 calendar days before the public hearing as follows: (1) A copy will be sent to the persons receiviug the property tax statements for all property xvithin 300 feet of each boundary of the subject property. (2) A copy will be published in the newspaper of gcueral circulation in the city. (3) A copy xvill be posted on each of the official notificatiou boards of the city. (c) Public notification sign. Tile applicant shall erect at least one public notification sign, which complies with standards developed by tile department of community development services. ]'his sign shall be located on or near the subject property facing tile right-of-~vay or vehicle access easement or tract providing direct vehicle access to the subject property. The director of community development services may require the placement of additional public notice signs oil or near the subject property if he or she deter~nines that this is appropriate to provide notice to tile public. (1) Timing. The public notification sign or signs must be in place at least 10 calendar days before the public hearing and removed within seven calendar days after the final decision of the city on tile matter~ Article ** Page 4 o1' 6 l)cvclopmcnt Agreemcnls 22-014 Staff report. (a) Contents, The director of community development services :shall prepare a staff report for the public hearing by the city council containing the following information: (1) All pertinent application materials.. (2) All comments regarding the matter received by the department of community development services p~ior to distribution of the staff report. (3) An analysis of the application under the relevant provisions of this chapter and the comprehensive plan. (4) A statement of the facts found by the director of community development services and the conclusions drawn from those facts. (5) A recommendation on the matter. (b) Distribution. At least seven calendar days before the hearing, the director of community development services shall distribute the staff report as follows: (1) A copy will be sent to the members of the city council. (2) A copy will be sent to the applicant. (3) A copy will be sent to each person who has specifically requested it. 22-015 Public bearing and city council actiou. (a) Generallyl The City council' shall consider the application for approval of the development agreement and development plan in a public hearing. If there are any appeals on tile Hearing Examiner's decision of all appeal of a threshold determination or his or her'decision on an appeal of community design guidelines, or an appeal of the Hearing Examiner's decision on a Process IV request, these appeals shall be heard in a closed record appeal bearing, as defined in RCW 36.70B.020(1) at the same time as tile public heariug on the development agreement and development plan (b) City council decision on appeals. In making a decision oil tile appeals, tile Council shall folloxv tile procedures of FWCC 22-451 through 22-455. (c) Scope of review of development agreement and development plans. Tile city council shall consider the request for approval of the develop~nent agreement and plan based on the decisional criteria listed in tile provisions of this chapter describing the proposal. (d) City council action. After consideration of tile entire matter, tile city council shall, by action approved by a majority of the total membership, take one of the following actions: (1) The city council has the option to: a. Grant the application as proposed; or modify and grant the application. In either case, it shall give effect to this decision by adopting all ordinance, which approves the change in comprehensive plan designation and zoning based ell the approved development agreement and development plan. b. Deny the application. The city council shall give effect to a denial by adopting a resolution pursuant to subsection (c) of this section. c. Findings of fact and conclusions. Tile city council shall include in tile ordinance or resolution: 1. A statement of the facts that support tile decision, including any conditions and restrictions that are imposed; and 2. Tile city council's conclusions based on those facts. (e) Effect. Tile decision of city council oil an application for change in comprehensive plan designation aud zoning based on the approved development agreement and development plan is the final decision of the city. 22-016 Notice of fi~al decision. (a) General. Following tile final decision by tile city council, tile director of community developlnent services shall prepare a notice of the city's final decision ell the application. Article * * Page5 of 6 l)cv¢lopment Agr¢¢mcnts (b) Distribution. After 'tile city council's decision is made, tile director of community development services shall distribute a copy of the notice of the final decision as follows: (1) A copy will be mailed to the applicant. (2) A copy will be mailed to any person who submitted written or oral comments to the city council. (3) A copy ~vill be mailed to each person who has specifically requested it. (4) A copy Will be mailed to the King County assessor. 22-017 Judicial review. Pursuant to RCW 36.70B.200, the action of the city itl granting or denying an application under this article may be reviewed pursuant to Chapter 36.70C RCW in King County superior court. The land usc petition must be filed within 21 calendar days after the final land use decision of the city. 22-018 Term of agreement. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or part of build out period specified ill the agreement, and may not bc subject to an amendment to a zoning ordinance or development standard or regnlation adopted after thc effective date of the agreement. A permit or approval issued by the city after thc execution of thc development agreement must be consistent with the development agreement. 22-019 Recording. A development agreement shall be recorded with the King County Department of Records. During the term of the development agreement, the agreement is binding on the parties and their successors. 22-020 Amendment of develol)ment agreement. Amendments to the terms of the development agreement shall be done only by a written instrument executed by all parties pursuanl to tile procedures of this article, or as may be amended. The city will process and decide upon an application for all amendment as if it xvere all applicatiou tbr a new development agreement. 22-021 Minor modification of development plan. The Director of Cotmnunity Developmeut Services may approve minor modifications to tile development plan using process II1 described ill FWCC 22-386 through 22-411. Tile city may approve a minor modification based on lhe following guidelines: (I) Modifications shall conform to the terms of tile development agreement; (2) The change will not result in reducing the total landscaped area, buffer areas, or thc amount of on the project; The chauge will no! rcsttlt ill increasing the residential density or gross floor area of thc open space O) project; (4) (5) (V) The change will not reduce any required yard; The change will not result in any increase in height of any structure; The change will not result itl a change in the location of any access point to the project: The change will not increase any adverse impacts or undesirable effecls of the project: and (8) The change in no way significantly alters the project. Any other proposed modification to tile develot)ment plan will be determined on a case-by-case basis by tile director oFcommunity devclopnmnt services. I \2002 Code Amcndlncnts\DcvclopI',~cnl Agrccmcnts\l.UTC\Ncw Process as presented lo P(' doc09/1(}/2002 151 PM Article ** I'agc 6 of 6 l)cvclopmcnl A~stcclncnls Y _lo ~q~PII a~e~o^o~ (qoea) ltlOJ~ 'l o U '7 < Exhibit 2 S~Ptember 4, 2'002 7:00 p.m. City' of Federal Way PLANNING,COMMISSION Regula~:'Meeting City flail Council Chambers M k;I'71'ING SUMMARY Commissioners present: .loire ('aulticld. l lope Elder. Bill I)rakc. l)ini Duclos. and Grant Newport. (7ommissioncrs absent (excused): I)avc Osaki. Commissioners absent (uncxcused): Nesbia Lopes. Alternale Commissioners present: Tony Moore and Maria Justus Foldi. Alternate Commissioners absent (tmcxcused): Christine Nelson. StaFF present: Senior Planner Margaret Clark. Assistant City Attorney Karcn Kirkpatrick. and Administrative Assistant E. Tina Piety. (hair Catlll'iold called thc mcctingto order at 7:00 p.m. Alqq/OVAL OF SUMMARY It xxaz m/s/c to approve thc .lulx 17. 2002, mcctino summary. AIL.I)ILNCI. COMMICNT None. ADMINISTRATIVE RI~I'ORI' Nls. Clark intbrmcd thc Commi>sion that their next meeting xxould b,: a public hearing on September 18. 2 1( 2 on code chanucs to discountgc bulky buildings in the city ccn~cr. Thc public hearing tk3r thc 2002 ('ompFcssivc Plan :Xmonchncnt?; xxill come to thc Commission on ()dobcr 16. 2002. A copy of the xxill bc available one xxcck bclk',rc thc meeting. The I)oxxntoxxn Mar'kef Studx has bccn completed and xx ill go to the IAJT(' on Ncptcmbcr 16, 2002. Thc updated 2000 N'larkct Study xxill soon be completed. Thc ~crms Ibr three ('ommissioncrs expire September 30. 2002. John ('aullScld. I tope Elder, and Dini I)uclos. All have submitted an applicalion to be reinstated. Planning Commission interviews are schedule lbr !he CJI> C'otmcil meeting ot'()ctobcr 1 2002. C()NIMISSION ll[1SINESS- PIiI/IAC Ill.L\RIN(; - l)evclolm~Cnl A~rccment (?ode Amendment N'ls. ~'lark presented thc dafl'rcport. Nbc gave lhc Commission handottts on the proposed code :u)~cndmcm. l¢a,'licr this xcar st;~l'l' x~:ts given direction bx thc IA IFC to i, rcparc a code amendment on development agreements, lhis code amendment proposes that development a?ccmcnts bo used: at thc ('iix ('ouncil's cliscrclion: xxhcm'c thc project is larger in scope: xxhcrc thc pro oct mnav have potentially I)cxr,.:lopn~cnt agreements may m~t bc used lo waive rcquircmcnls of' lilt /"('[fi'l'(I/ /IQ/v( 'ill' ('or/c (l:Wt'('). For example, thcx may not bc used 1~>1' viu'iancc5. Planning Commission Summary Page 2 September 4 2002 The Proposed code amendment would amend FWCC Chapter 22, Article IX, "Process vi Review," to allow comprehensive plan amendments to be reviewed pursuant to a development agreement. The . proposed amendment would also create a process to govern review and approval of development agreements, would add language to the land use charts to allow the City Council's public hearing to take the place of the master plan public hearing or other hearing by the Hearing Examiner to establish the use, and would make some housekeeping amendments and clarifications. Ms. Clark reviewed the process flow chart. Development agreements allow for development while mitigating the impacts. The applicant, staff, Planning Commission, LUTC, or City Council could initiate a development agreement. The City Council makes the final decision as to whether a development agreement should be doue. The Com~nission asked if there would be any guidelines for the City Council to follow when making their decision. Ms. Clark replied that staffdoes extensive research on the proposal and the City Council would base their decision on that research. It was noted that this amendment deals with development agreements for comprehensive plan amendments and under state law other types of development agreements could be done that would not have to go through this process. There was no Public Testimony. It was m/s/c to close the public hearing. It was m/s/c (unanimous) to recommend to the City Council for adoption of the proposed FWCC text amendments. ADDITIONAL BUSINESS The City is still working in the PAA study. They have been waiting for the update on the Market Study and will be moving forward. Discussion was held on how Pacific has pulled out of some of their PAA. Is the City considering adding this area? The LUTC has had some initial discussion on this and other possible PAA additions. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 7:50 p.m. K kPlanning Commissionk2002kMeeting Summary 09-(M-02 docll.ast printed 09/10/2002 03 02 PM EXHIBIT A of EXHIBIT 3 Article IX. PROCESS VI REVIEW* Sections: 22-516 22-517 22-518 22-519 22-520 22-521 22-522 22-523 22-524 22-525 22-526 22-527 22-528 22-529 22-530 22-531 22-532 22-533 22-534 22-535 22-536 22-537 22-538 22-539 22-540 22-541 22-542 22-543 Purpose. Initiation of proposals. Docket. Compliance with State Environmental Policy AcL City council review. Timing of filing - Notice. Application. Criteria for prioritizing plan amendment requests. Preapplications required, Legislative rezones. Criteria for approving a legislative rezone. Map change. Zoning text amendment criteria. Factors to be considered in a comprehensive plan amendment. Criteria for amending the comprehensive plan. Official file. Notice. Staff report. Public hearing. Material to be considered. Electronic sound recordings. Public comment and participation at the hearing. Continuation of the hearing. Planning commission - Recommendation. Planning commission - Report to city council, City council action. Transmittal to state. Appeals. 22-544, 22-545 Reserved. *Editor's note- Ord. No. 99-337, § 2, adopted March 2, 1999, repealed Article IX, §§ 22-516 -22-538 in its entirety and enacted a new Article IX, §§ 22~516 - 22-543. Former Article IX pertained to similar material and derived from Ord. Nos. 90-43, §§ 2(130.10, 130.20, 130.25, 135.15, 140.15, 140.20, 140.25, 160.05, 160.10, 160.15, 160.20, 160.25, 160.30, 160.40, 160.45, 160.50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted Feb. 27, 1990; Ord. No. 91-112, § 1(160.10, 160.15, 160.20, 160.25, 160.30, 160.40, 160.45, 160,50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted Dec. 3, 1991; and from Ord. No. 97-291, § 3, adopted April 1, 1997. 22-516 Purpose. Various places in this chapter indicate that certain proposals to amend the zoning map through a legislative rezone, amend the text of this chapter, or amend the comprehensive plan must be reviewed and decided upon using process VI. This article describes process VI. (Ord. No. 99-337, § 2, 3-2-99) 22-517 Initiation of proposals, A proposal that will be reviewed using this article may be initiated by the city council or ©2002 Code Publishing Co. Page I council committee, or requested by the planning commissiOn, city staff, or any interested person including applicantS, citizens, hearing examiners, and' staffof other agencies. (Ord. No. 99-337, § 3-2-99) 22-518 Docket. The department of community development services shall maintain a docket of all changes to the comprehensive plan or development regulations and proposed by interested persons (including development applicants, citizens, hearing examiners, and/or other agencies and staff). (Ord. No. 99-337, § 2, 3-2-99) 22-519 Compliance with State Environmental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development services shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. (Ord. No. 99-337, § 2, 3-2-99) 22-520 City council review. (a) Docketed amendment requests. The city council shall review all requests docketed with the department of community development _services concurrently, on an annual basis and consistent with RCW 36.70A.130(2). As 'part of such annual review, the council shall review all requests received prior to September 30th of the calendar year. Requests submitted after September 30th shall be considered during the following annual review..,,T 5.car ,ooo,.... -,,,,.,,~"'" 'lw. ~ cit.',,' counci! .,,,.,,"~"~ ..... ~ ..... ..,,~ requests ",~,; ...... ~.,~ p" ....... .., .t'.pn I 30th. (b) Other amendments. The city council shall review city-initiated changes to the text of the comprehensive plan concurrently with docketed amendment requests. The city council may also review or amend the comprehensive plan whenever an emergency exists, to resolve an appeal of the comprehensive plan or amendments thereto, or in other circumstances as provided for by RCW 36.70A. 130(2)(a). The city council may also review city-initiated changes to the text of this chapter or to the city's zoning map from time to time at the council's discretion. (c) Additional information. The city council may request, through the city manager, that the department of community development services or any other department of the city provide any information or material on the proposal(s), consistent with FWCC 22-53 I. (Ord. No. 99-337, § 2, 3- 2-99) 22-521 Timing of filing - Notice. Sixty days prior to September 30th in each calendar year, the city shall notify all persons who submitted docket forms after September 30th of the previous calendar year. ~'' ~ooo only, r,n .... ;'-,' '^ Apri! ~.n,~, the city o~,~ notify ~ lCerstms '"~ ..... comp:'ehensive plan ....... ~qt:eds were not c'onddered during t!~e !998 amend:~nt i~:'oce%. Notice shall be given as follows: (1) Public notice notifying the public that the amend~nent process has begun shall be published in the city's official newspaper. (2) Notice shall be posted on the official ci~ public notice boards. (3) A copy of the notice shall be mailed to other local newspapers. (4) Ail agencies, organizations, and adjacent jurisdictions with an interest, and all persons, who in the judgement of the director of community development se~ices may be directly affected by changes to the comprehensive plan or development rcgulations shall be sent a copy of the notice. In determining who may be affected by changes to the comprehensive plan o~ d~y_¢:~}E~gnLreguldion5~..,.,a~o, the director may rely on written correspondence indicating an 02002 Codc Publishing Co. Page 2 interest and received after September 30th of the previous year. (Ord. No. 99-337, § 2, 3-2-99) 22-522 Application. (a) Who may apply. Any person may, personally or through an agent, apply for a site-specific comprehensive plan designation change with respect to property he or she owns. In addition, any person may, personally or through an agent, request changes to the text of the comprehensive plan or development regulations codified in this chapter. (b) How to apply. An applicant must complete a d.';ckct an applicatiou form prepared by the city. An applicant seeking a.,.,~"; ........... .,j,~,..~;~f' p, km ',',:' zanh~g ..... ~ ......... ~hange in comprchcn~ix c plan desienation and xonin~ 2u~ a specific parcel shall also file the information specified in FWCC 22-478 with the depa~ment of community development se~ices. (c) Thc director of community development services shall have the authority to xvaive any of the requirements of this section, if in the director's discretion, such information is not relevant or would not be useful to consideration of the proposed amendment. (d) Fee. There is no fee for this initial application. After the prioritization process, applications to be considered during the amendment process shall submit the fee established by the city. (Ord. No. 9%337, ~ 2, 3-2-99) 22-523 Criteria for prioritizing plan amendment requests. (a) After September 30th but prior to adopting-any ~~-amendment rcqnests, thc city couucil shall hold a public hearing and select those &~cRctcc~mc~aont requests it wishes staff (b) The city counail shall consider the following criteria following a public hearing in selecting thc comprehensive plan amendments or development rcm,lali<ms to be considered during the upcoming cycle: (1) Whether the same area or issue was studied during the last amendment process and conditions i~]~ncdJ~lc vicinil~have significantly changed so as to make the requested change within the public interest. (2) Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. (3) Whether the proposed amendment meets existing state and local laws, including the 6rowth Management Act. (4) In the case of text amendments or other amendments ~o goals and policies, whether the request benefits the city as a whole versus a selected group. (c) If the request meets the criteria set fo~h Jn subsections (b)(1) through (b)(4) of this section, it shall be further evaluated according to the following criteria: (1) Whether the proposed amendment can be incorporated into planned or active projects. (2) Amount of analysis necessa? to reaat~ a recommendation on the request. Ifa large scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, et~. (3) Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. (4) Order of requests received. (d) Based on its review of requests according to the criteria in subsections (b) and (c) of this seation, thc council shall determine which requests shall be further considered for adoption, and shall forward those requests to the planning commission for its review and recommendation. (e) The council's decision to consider a proposed amendment shall not constitute a decision or recommendation that thc proposed amendment should be adopted nor does it preclude later com~cil action to add or delete an amendment for consideration. (Ord. No. 99-337, ~ 2, 3-2-99) ~52002 Code l'ublixhing Co. Page 3 22-524 Preapplications required. All .applicants seeking an amendment to comprehensive land use 'designations of the official comprehensive plan (site-specific requests) must apply for a preapplication conference with the city's development review committee (CDRC). (Ord. No. 99-337, § 2, 3-2-99) 22-525 'Legislative rezones. A legislative rezone is a rezone that meets the following criteria: (1) It is initiated by the city; and (2) It includes a large number of properties which would be similarly affected by the proposed rezone. All other rezones not meeting the above criteria are treated as quasi-judicial rezones and are reviewed and decided upon using process V. (Ord. No. 99-337, § 2, 3-2-99) 22-526 Criteria for approving a legislative rezone. The city may decide to approve a legislative rezone only if it finds that: (1) The proposal is consistent with the comprehensive plan; (2) The proposal bears a substantial relation to public health, safety, or welfare; and (3) The proposal is in the best interest of the residents of the city. (Ord. No. 99-337, § 2, 3- 2-99) 22-527 Map change. If the city approves a legislative rezone, or a chanac in a comprchcasivc plan map desio~nation, it will give effect to this decision by making the necessary amendment to the zoning map of the city. (Ord. No. 99-337, § 2, 3-2-99) 22-528 Zoning text amendment criteria. The city may amend the text of this chapter only if it finds that: (1) The proposed amendment is consistent with the applicable provisions of the comprehensive plan; (2) The proposed amendment bears a substantial relation to public health, safety, or welfare; and (3) The proposed amendment is in the best interest of the residents of the city. (Ord. No. 99-337, § 2, 3-2-99) 22-529 Factors to be considered in a comprehensive plan amendment. The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan: (1) The effect upon the physical environment. (2) The effect on open space, streams, and lakes. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. (5) The benefit to the neighborhood, city, and region. (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. (7) The current and projected population density in the area. (8) The effect upon other aspects of the comprehensive plan. In order to encotu'ag~ el'licient and desired development and redevelopment ol'exisli~g land designated and zoned lbr various types of commercial uses. ~vhen considering proposals for comprehcnsivc plan amcmhnems and rczones ~ from one commercial desimmtion~to a_qo_tl~r, ©2002 Code Publishing Co. Page 4 the City will consider development trends in comme,-cially zoned areas, market demaad roi' various types of commercial land, and amoun! of vacant commercial land ~f~:'~ For site-Specific comprehensive plan amendments, the provisions of FWCC 22-488(c) shall also apply. (Ord. No. 99-337, § 2, 3-2-99) 22-530 Criteria for amending the comprehensive plan. The city may amend the comprehensive plan only if it finds that: (1) The proposed mnendment bears a substantial relationship to public health, safety, or welfare; and (2) The proposed amendment is in the best interest of the residents of the city; (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city's adopted plan not affected by the amendment. (Ord. No. 99- 337, § 2, 3-2-99) 22-531 Official file. (a) Contents. The director of community development services shall compile an official file containing all information and materials relevant to the proposal and to the city's consideration of the proposal. (b) Availability. Thc official file is a public record. It is available for inspection and copyiug in the department of community development during regular business hours. (Ord. No. 99-337, § 2, 3-2-99) 22-532 Notice. Notice provisions under this section shall be followed tbr both the public hearing during which all requests for changes to the compl-chcnsivc p~la~ map ctcsi~nation and zoning map, ;~oning tcxl, text o1' the comprehensive plan. and texl ol' the dexelol)ment reeulations are prioritized bx' thc city council~, as well as the public hearing held by thc plamfing commission. (1) Contents. The director of community develop~nent services shall prepare a notice of each proposal, for which a public hearing will be held, containing the following information: a. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision. b. A statement of how the proposal would change the affected provision. c. A statement of what areas, %?31~[eh_c.?s_j._x eA~lan.51es_iglg3[~n_s_.__zones, or locations will be directly affected or changed by the proposal. d. The date, time, and place of the public hearing. e. A statement of the availability of the official file. f. A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give comments orally. (2) Distribution. The director of community development services shall distribute this notice at least 14 calendar days before the public hearing following the procedures of FWCC 22- 521. In addition, the procedures of FWCC 22-481 shall be followed for site-specific requests regarding notification of adjacent property owners posting of the site. (Ord. No. 99-337, § 2, 3-2-99) 22-533 Staff report. (a) General. The director of community development services shall prepare a staff report containing: (1) An analysis of the proposal and a recommendation on the proposal; and ©2002 Code Publishing Co Page 5 (2) Any other information the director of community development services determines is necessary for consideration of the proposal, consistent With FWCC 22 529 22-526~ 22-528~ 22- 529 and 22-530. For sitc-spccific comprehensive plau amendmcnts~ the provisions of'FWCC 22- 488(c) shall also apj!lv__:. (b) Distribution. The direcior of community development services shall distribute the staff report as follows: (1) A copy will be sent to each member of the planning commission prior to the hearing. (2) A copy will be sent promptly to any person requesting it. (Ord. No. 99-337, § 2, 3-2-99) 22-534 Public hearing. (a) Generally. The planning commission shall hold public hearings on each proposal, consistent with FWCC 22-535, unless the city council elects to hold its own hearings on the proposal, in which case planning commission review pursuant to this article shall not be required. (b) Open to public. The hearings of the planning commission are open to the public. (c) -Pursuant to Section 22-015~ when a dcvclopmcnt am'cement and plan have been prepared. the city council shall hold a public hearing. t"x~ _(d )_._Effect- Except as provided in subsection (a) a~d (c) of this section, the hearing of the planning commission is the hearing for ciW council. City council need not hold another hearing on the proposal. (Ord. No. 99-337, ~ 2, 3-2-99): 22-535 Material to be considered. (a) Generally. Except as specified in subsections (b): ~c) a~ct (d~of this section, the planning commission and city council may consider any pe~inent information or materials in reviewing and deciding upon a proposal under this a~icle. (b) Exclusion. Except as specified in subsection (c) and (d) of this section, the city may not consider a specific site plan or project in reviewing and deciding upon a proposal under this process. (c) In thc case of dc¥clopmcnt am'cements, thc director or'community development services may rcquirc thc applicant to submit any additional information or material, that is reasonably necessary lbra decision on the matter, including a sile developme_~; plan associated with a site- ~)ccific rcqucst. ~ (d~Exception for environment information. If a proposal that will be decided upon using this a~icle is pag of a specific project, the city may consider all information pe~aining to SEPA environmental review and submiRed under FWCC 22-519 in deciding upon that proposal. (Ord. No. 99-337, ~ 2, 3-2-99) 22-536 Electronic sound recordings. The planning commission shall make a complete electronic sound recording of each public hearing. (Ord. No. 99-337, ~ 2, 3-2-99) 22-537 Public comment and pa~icipation at the hearing. Any interested person may paaicipate in the public hearing in either or both of the following ways: (1) By submitting wriaen comments to the planning commission either by delivering these comments to the depagment of community development se~ices prior to the hearing or by giving thetn directly to the planning commission at the hearing. (2) By appearing in person, or through a representative, at the hearing and making oral comments. The planning commission may reasonably limit the extent of oral comments to hcilitate the orderly and timely conduct of the hearing. (Ord. No. 99-337, ~ 2, 3-2-99) 22-538 Continuation of the hearing. The planning commission may, for any reason, continue the hearing on the proposal. If, ©2002 Codc Publishing Co. Page 6 during the hearing, the planning commission announces the time and place of the next public hearing on the Proposal and a notice thereof is posted on the :door of the hearing room, no further notice of that hearing need be given. (Ord. No. 99-337, § 2, 3-2-99) 22~539 Planning commission'- Recommendation. (a) Generally. Following the public hearing, the planning commission shall consider the proposal in light of the decisional criteria in FWCC 22 52!, 22 522 or 22 525 22-526, 22-528. ,.->a 0 and ._-4 88(c), and take one of the following actions: (1) If the planning commission determines that the proposal should be adopted, it may, by a majority vote of the entire membership, recommend that city council adopt tile proposal. (2) If the planning commission determines that the proposal should not be adopted, it may, by a majority vote of the members present, recommend that city council not adopt the proposal. (3) [f the planning commission is unable to take either of the actions specified in subsection (a)(l) or (a)(2) of this section, the proposal will be sent to city council with tile notation that tile planning commission makes no recommendation. (b) Modification of proposal. The planning commission may modify the proposal in any way and to any degree prior to recommending the proposal to city council for adoption. If the planning commission fundamentally modifies the proposal, the planning commission shall hold a new public hearing on the proposal as modified prior to recommending the proposal to city council for action. (Ord. No. 99-337, § 2, 3-2-99) 22-540 Planning commission - Report to city council. (a) Generally. The director of community development services shall prepare a planning commission report on the proposal containing a copy of the proposal, along with any explanatory information, and the planning commission recommendation, if any, on tile proposal. (b) Transmittal to city council. The director of community development services shall transmit the planning commission report to the city manager for consideration by city council. (c) Distribution. The director of community development services shall promptly send a copy of the planning commission report to any person requesting it. (Ord. No. 99-337, § 2, 3-2-99) 22-541 City council action. (a) General. Within 60 days of receipt of the planning co~nmission report by the city manager, the city council shall consider the proposal along with a draft ordinance prepared by the city attorney, appropriate to enact or adopt the proposal. (b) Decisional criteria. In deciding upon tile proposal, tile city couucil shall use the decisional criteria listed in the provisions of this chapter describing the proposal. (c) City council action. After consideration of the planning commission report and, at its discretion, holding its own public bearing on the proposal, the city council shall by majority vote of its total membership: (1) Approve the proposal by adopting an appropriate ordinance; (2) Modify and approve the proposal by adopting au appropriate ordinance; (3) Disapprove the proposal by resolution; or (4) Refer the proposal back to the planning commission for further proceedings. If this occurs, the city council shall specify the time within which the planning commission shall report back to the city council on the proposal. (Ord. No. 99-337, § 2, 3-2-99) (5) Ii' the city council cletcrmines thal a development a~reemcnt shall be t2repared Fora sitc-spccilic request, thc city council shall recommend further analysis based on Article ** ('~2002 Code l'ublishing Co. Page 7 22-542 Transmittal to state. At least 60 days prior to final aCtion being taken by the city council, but 'not prior .to the close of the planning commission public hearing and' transmittal 'of planning commission recommendation to the LUTC, the. State Depa~ment O_j~_l~_e_of Community Trade a::,'! Development (DCT!.'.!) OCD) and other interested .affected local 'and state agencies, the county and surrounding jurisdictions shall be Provided with a copy of the amendments in order to initiate the 60-day comment period. All other parties previously notified shall be again notified that the draft amendments of the comprehensive plan are available on request on a cost recovery basis. No later than 10 days after adoption of the comprehensive plan, a copy of the adopted comprehensive plan shall be forwarded to D(:T[~D OCD and others who submitted written comments on the draft comprehensive plan. (Ord. No. 99-337, § 2, 3-2-99) 22-543 Appeals. The action of the city in granting, modifying or denying an amendment to this chapter or to the comprehensive plan may be reviewed by the Central Puget Sound Growth Management Hearings Board pursuant to Chapter 36.70A RCW. (Ord. No. 99-337, § 2, 3-2-99) 22-544, 22-545 Reserved. 1:\2002 ¢ ,dc \~llClldlUcllls/,l)_}'O~)ll~l('ll! ,\g(c~.'mcnls\l .t I'C\l'rm'css X I.doc/09/10/2002 2:28 PM 02002 Code I~ublishing Co. Page 8 EXHIBIT B of EXHIBIT 3 · Article ** DEVELOPMENT AGREEMENTS Sections: 22-001 22-002 22-003 22-004 22-005 22-006 22-007 22-008 22-009 22-010 22-011 22-012 22-013 22-014 22-015 22-016 22-017 22-018 22-019 22-020 22-021 Purpose. Authority. Content of development agreement. Initiation of propoSals. Preparation of development agreement. Applications. Official file. Preapplications required. Compliance with State Environmental Policy Act. Community design guidelines, Timing of public hearings. Factors to be considered in review of a development agreement. Notice. Staff report. Public hearing and city council action. Notice of final decision. Judicial review. Term of agreement Recording. Amendment of development agreement. Minor modification of development plan. 22-001 Purpose. Development agreements associated with a comprehensive plan designation and related zoning change may be used at the city council's discretiou. Development agreements are to be used where the project is larger in scope and has potentially larger impacts than normal, or where the city council may desire to place certain restrictions on the proposal. The intent of a development agreement is not to ~vaive requirements normally associated with a proposed use. 22-002 Authority. Pursuant to RCW 36.70B. 170, the city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction as part of a comprehensive plan amendment and associated rezone. The execution of a development agreement is a proper exercise of city police power and contract authority. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by serious threat to pnblic health and safety. Article ** Page I Developmcnt Agreements 22-003 Content of development agreement. (a) A development agreement must set forth the development standards and'other provisions that apply to .and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. A development agreement shall be consistent with applicable ~Ci__ty o_ fFe_ ~e_rgl__W__ay development regulations. (b) For the purpose of this section, "development standards" maY include, but is not limited to: (1) Project elements such as permitted uses, residential densities, and non-residential densities and intensities or building sizes; (2) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimburselnent provisious, other financial contributions by the property owner, inspections fees, or dedications; (3) Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW. Design standards such as maximum heights, setbacks, drainage, aild xvater quality requirements, landscaping, and other development features; (4) Affordable housing; (5) Parks and open space preservation; (6) Phasing; (7) Review procedures and standards for implementing decisions; (8) A build-out or vesting period for applicable standards; and (9) Ally other appropriate development requirement or procedure. 22-004 Initiation of proposals. A proposal that will be reviexved using this article may be initiated by city couucil or council committee, or requested by tile planning commission, city staff, or applicant. 22-005 Preparation of development agreement. (a) Based on council direction, and subsequent to action taken pursuant to Section 22-541(c)(5), after consultation with the applicant, tile city shall determine the parameters of the development agree~nent in accordance with Section 22-003, Content of Development Agreement. (b) Tile applicant prepares a development plan that is consistent with the parameters of the development agreement. The development plan may vary in the amount of detail to be included, depending on city council direction identified in Section 22-541(c)(5). !f:adeve!_op~.nentpla~! i_s___requ_~_ed,]t s!~al!:acco~pa0y tile develgplnent agreej~o~B~ fo~y[~vv~j~d agtion.by.~l!9 ~j~y~cou~_ciJ: 22-006 Applications. (a) Who may apply. Any person may, personally or through an agent, apply for a decisiou regarding property he or she owns. (b) How to apply. The applicant shall file the following information with the department of community develop~nent services: (1) A completed application, with supporting affidavits~ on forms provided by the department of community development services; (2) Two sets of stamped envelopes, and a list of the same, labeled xvith tile name and address of all current owners of real property, as shown in the records of thc county assessor for tile subject property, within 300 feet of each boundary of the subject property; (3) A copy of the county assessor's map identifying the properties specified in subsection (b)(2) of this section; (4) A vicinity map showing the subject property with enough information to locate tile property within the larger area; (5) Any information or material that is specified in the provision of this chapter that describes the applied-for decision; Article * * Page 2 Development Agreements (6) All information specified in FWCC 22-33. The detail to be included in the development plan is based on the council's direction identified in Section 22-541(c)(5) and shall be related to the nature and scope of the project and its potential impacts; and · (7) Any additional information or material that the director of community development services determines is reasonably necessary for a decision o.n the matter. (c).Fee. With the application the applicant shall submit the fee established by the city. The application will not be accepted unless it is accompanied by the required fee and meets tile requirements of FWCC 22-33 and this section relating to what constitutes a colnplete application. 22-007 Official file. (a) Contents. Tile dit~e~c4or=of=c4)- mmunity4te-v~topme4~t~ewvi¢~s %ity shall compile au official file on tile application containing the following: (1) All application materials submitted by tile applicant. (2) The staff report. (3) All written comments received on the matter. (4) The electronic recording of tile city council on tile matter. (5) The decision oil the development agreement by the city council. (6) Any other information relevant to the matter. (b) Availability. 'File official file is a public record. It is available for inspection and copying in tile department of community development services during regular business hours. 22-008 Preapplications required. All applicants seeking approval of a development agreement related to an amendment to comprehensive land usc designations of the official comprehensive plan (site-specific requests) must apply for a prcapplication conference with the city's development review committee (CDRC). 22-009 Compliance with State Environinental Policy Act. The State Environmental Policy Act applies to seine of the decisions that xvill be made using this article. The director of COlnmunity development services shall evaluate each proposal and, where applicable, comply with thc State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. Any appeal of the threshold determination must be consolidated with any appeal of the administrative decision on Community Design Guidelines and with any hearing on an application tbr Process 1V approval. 22-010 Community=de, sig~vguidc4iu~ Development PI:m, The Any development plan accompanying the developmeut agreement shall be subject to the ~ptice r~quirements of FWCC 22z392- through. 22-4p~. The application shall not be determined to be complete until a draft development agreement has been prepared and a development plan conforlning to the parameters of the development agreement and meeting all pertinent requirements bas beeu submitted. Thc dcvclopmeut plan shall also be reviewed pursuant to the Community t)esign Guidelines requirenmnts of FWCC 22-395 tllrough 22-406 ga~ept that Aah appeal of the Hearing Examiner's decision on thc appeal of an administrative decision on the Community Design Guidelines shall be beard by the city council based on the procedures of FWCC 22-448 through 22-455 at the same time that the city council conducts a public hearing on thc development agreement and development plan pursuant to FWCC 22- 015. 22-011 Timing of public hearings. Any requests associated ;vith tile projecbspecific development plan requiring a public bearing by tile l tearing F~xaminer shall be heard by tile ltearing F~xaminer prior to the public hearing by the city council ell thc development agreement alld development plan. The Hearing Examiner's revie~v shall follow tile Article * * l'agc 3 l)cvclopment Agreements provisions of FWCC Article VII. Process IV Review-Hearing Examiner's Decision and shall be limited to that particular aspect under his or her 'purview and shall not extend to either the development agreement or development plan. 22-012 Factors to be considered in review of a development agreement. The city may consider, but is not limited to, the following factors when considering a development agreement: (a) Compatibility with and impact on adjacent land uses and surrounding neighborhoods; (b) Adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; (c) Potential benefits of the proposal to the community; and (d) Effect upon other aspects of the comprehensive plan. 22-013 Notice. Notice provisions under this section shall be followed for the public hearing held by the city council. (a) Contents. The director of community development services shall prepare a notice of the proposal, for which a public hearing will be held, containing the following information: (D Description of~purpose of hearing; (d:) 2~ The name of the applicant and the project name (if applicable). ·-(g) {3~ A statement of what. comprehensive plan and zoning designation will be directly affected or changed by the proposal. (:3:) 4(~ The street address of the subject property or, if this is not available, a description of the location of the proposal in non-legal language. Except for notice published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (4) _(5~ The date, time, and place of the public hearing. (5) {6~ A statement of the availability of the official file. (:6) 7~ A statement of the right of any person to submit written comments to the council and to appear at the public hearing of the council to give comments orally. (74 ~ A statement that only persons who previously submitted comments to the planning commission or city council during the comprehensive plan amendment process or at this time, participates in the public hearing on the development agreement by submitting written comments to the city council or by participating in the public hearing or specifically requested a copy of the city council's decision on the development agree~nent and plan may appeal the city council's decision. (4) (90 The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (b) Distribution. The director of community development services shall distribute this notice at least 14 calendar days before the public hearing as follows: (1) A copy will be sent to the persons receiving the property tax Statements for all property within 300 feet of each boundary of the subject property. (2) A copy will be published in the newspaper of general circulation in the city. (3) A copy will be posted on each of the official notification boards of the city. (c) Public notification sign. The applicant shall erect at least one public notification sign, which complies with standards developed by the department of community development services. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director of community development services may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. (1) Timing. The a~plicant shall be responsible for in~talling tl!_e__public notification sign or signs m~st:bo4a-p. ~!ac~ at least 10 calendar days before the public hearing and remz'.',~ removing_the~ within seven calendar days after the final decision of the city on the matter. Article * * Page 4 Development Agreements 22-014 Staff report. (a) Contents. The director of community development services shall prepare a staff report for the public hearing by the city'council containing the following information: ' (1) All pertinent application materials. (2) All comments regarding the matter received by the department of community development services prior to distribution of the staff report. (3) An analysis of the application under the relevant provisions of this chapter and the comprehensive plan. (4) A statement of the facts found by the director of community development services and the couclusions drawn from those facts. (5) A recommendation on the matter. (b) Distribution. At least seven calendar days before the hearing, the director of comlnunity development services shall distribute the staff report as follows: (1) A copy xvill be sent to the members of the city council. (2) A copy will be sent to the applicant. (3) A copy xvill be sent to each person who bas specifically requested it. 22-015 Public hearing anti city council action. (a) Generally. The city council shall consider thc application for approval of the development agreement and development plan in a public hearing. If there are any appeals on the Itearing Examiner's decision of an appeal of a threshold determination or his or her decision on an appeal of community design guidelines, or an appeal of the Hearing Examiner's decision on a Process IV request, these appeals shall be heard in a closed record appeal hearing, as defined in RCW 36.70B.020(1) at the same time as the public hearing on the development agreement and development plan (b) City council decision on appeals. In making a decision on the appeals, the Council shall follow the procedures of FWCC 22-451 through 22-455. (c) Scope of review of development agreement and development plans. The city council shall consider the request for approval of the development agreement and plan based on tlie decisional criteria listed in the provisions of this chapter describing the proposal. (d) City council action. After consideration of the entire matter, the city council shall, by action approved by a majority of the total membership, take one of the following actions: (1) The city council has the option to: a. Grant the application as proposed; or modify and grant the application. In either case, it shall give effect to this decision by adopting an ordinance, which approves the change in comprehensive plan designation and zoning based on the approved development agreement and development plan. b. Deny the application. The city council shall give effect to a denial by adopting a resolution pursuant to subsectiou (c) of this section. c. Findings of fact and conclusions. The city council shall include in the ordinance or resolution: 1. A statement of the facts that support the decisiou, including any conditions and restrictions that are imposed; aud 2. The city council's conclusions based on those facts. (e) Effect. The decision of city council on an application for change in comprehensive plan designation and zoning based on the approved development agreement and development plan is the final decision of the city. 22-016 Notice of final decision. (a) General. Following the final decision by the city council, the director of cmnmunity development services shall prepare a notice of the city's final decision on the application. (b) Distribution. After the city council's decision is made, the director of community development Article ** Pagc 5 Dcvclopmcnt Agreements services shall distribute a copy of the notice of the final decision as follows: (1) A copy will be mailed to the applicant. (2) A copy will be mailed to any person who submitted written or oral comments to the city council. (3) A copy will be mailed to each person who has specifically requested it. (4) A copy will be mailed to the King County assessor. 22-017 Judicial review. Pursuant to RCW 36.70B.200, the action of the city in granting or denying an application under this article may be reviewed pursuant to Chapter 36.70C RCW in King County superior court. The land use petition must be filed within 21 calendar days after the final land use decision of the city. 22-018 Term of agreement. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or part of build out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation adopted after the effective date of the agreement. A permit or approval issued by the city after the execution of the development agreement must be consistent with the development agreement. 22-019 Recording. A development agreement shall be recorded with the King County Department of Records. During the term of the development agreement, the agreement is binding on the parties and their successors. 22-020 Amendment of development agreement. Amendments to the terms of the development agreement shall be done only by a written instrument executed by all parties pursuant to the procedures of this article, or as may be amended. The city will process and decide upon an application for an amendment as if it were an application for a new development agreement. 22-021 Minor modification of development plan. The Director of Community Development Services may approve minor modifications to the development plan on a case-by-case basis using process' III described in FWCC 22-386 through 22-411. T-Td4~'~pprv.c'.~c a Criteria for ap~r~oving~minor modifications include but are not limited to ~,.hase?~.~gn the following guidelines: (1) Modifications shall conform to the ter~ns of the development agreement; (2) The change will not result in reducing the total landscaped area, buffer areas, or the amount of on the project; The change will not result in increasing the residential density or gross floor area of the open space (3) project; (4) (S) (6) (7) The change will not reduce any required yard; The change will not result in any increase in height of any structure; The change will not result in a change in the location of any access point to the project; The change will not increase any adverse impacts or undesirable effects of the project; and (8) The change in no way significantly alters the project. A~}5' ofi~.~-q3roposedm~ ..mdific~at4on4o4he4tc'~,~lop~n~qVptan~4~'i~ ~-~.~-d4c,~r:::i:'.ed cn-a ~-e-a~y case by-t!~.~34t4r~t~-ommu~e,.,clot~nonC-scv.'[e-,~. A~- modification to the development plan not deemed to be minor~ shall be considered major and shall be decided upon as if it were an_.a_pplication for a new development_agreement. I:k2002 Code Amendments\Development Agreements\LUTC\091602 New Process.doc09/10/2002 2:21 PM Article ** Page 6 Development Agreements YCS No Superior (~oul'l Appeal of( ~ui(tclmcs YC5 CC's decision on (;(7's decision on St'~PA appeal l)cvclopmcnt AgrmtH & Plan l learin~ Examiner //earing ~ decision appeal Appeal of (}uidclincs ~0 City Council ('/(,.sod Record liE's decision on ,,\ppcal of Guidelines ! 1 E's decision ()I~1 I)[OCCSS IV I 1 E's decision on SEI)/k appeal (iii,,' Council l'uhlic llcm'ing & Dccixion l)cvelopmcnl EXHIBIT 5 CITY OF FEDERAL WAY ORDINANCE NO. 02 -. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE TO DEVELOP A PROCESS TO REVIEW DEVELOPMENT AGREEMENTS AND RELATED CODE AMENDMENT TO CONSOLIDATE PUBLIC HEARINGS 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 the amendments to FWCC, Chapter 22 (Zoning), to develop a process to review development agreements and related code amendment to consolidate public hearings will provide for improved review processes. WHEREAS, the City of Federal Way finds that the code amendments to develop a process to review development agreements and related code amendment to consolidate public hearings will implement and is consistent with the Federal Way Comprehensive Plan; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on September 4, 2002, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered the code amendments to develop a process to review deVelopment agreements and related code amendments to consolidate public hearings on September 16, 2002, following which it recommended adoption of the text amendments. WHEREAS, the City Council finds that the code amendments relating to developing a process to review development agreements and related code amendment to consolidate public hearings 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 HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to tile decisional criteria necessary for tile adoption of the proposal: The proposed FWCC text amendments are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: LUG1 hnprove the appearance and function of the built environment. LUP 6 Conduc! regular reviews of development regulations to determine how to improve uDon the development review process. The proposed amendment bears a substantial relationship to public health, safety, or welfare because they would allow development agreements to be utilized in cases of a comprehensive plan amendment and an associated rezone where the project is larger in scope and has potentially larger impacts than normal, or where certain restrictions may be desired to be placed on the proposal. and The proposed amendment is in tile best interest of tile residents of the city because they will supplement existing review processes and clarify how development agreements should be processed by adopting a formal process for reviewing development agreements. Section 3. Amendment. FWCC, Chapter 22 is amended as set forth in the attached Exhibit A. Section 4. Severabilit~ The provisions of this ordinance are declared separate and severable. Tile invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or tile ORDINANCE NO. 02 - , PAGI£ 2 invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the __ day of ., 2002. APPROVED: ATTEST: MAYOR, JEANNE BURBIDGE CITY CLERK, N. CRISTINE GREEN, CMC APPROVED AS TO FORM: ACTING CITY ATTORNEY, PAT RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 1:~002 Code Amendments~Development Agreements\LUTC~091602 Ordinance.doc09/l 0/2002 5:24 PM ORDINANCE NO. 02 - , PAGE 3