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LUTC PKT 06-03-2002HEEI/NG AGENDA o 2. 3. 4. CALL TO ORDER Approval of Minutes of the May 20, 2001, Meeting PUBLIC COMMENT (3 minutes) BUSINESS ITEMS A. Nonconforming Uses/Single Family Residential Code Amendment B, Nonconforming Structures/Single Family Residential Code Amendment C. Tresden Place (Tentative) D. Surface Water Infrasbucture Cleaning and Vacuum/]et Rodding Service Contract Bid Award E. TIP Resolution SetUng Public Hearing for the ~. 3uly 2, 2002, City Coundl Meeting F. Sex Predator Siting Legislation G. Phase ! Pacific Highway 5outh Bid Award H. South 298th Street Vacation FUTURE MEE1-[NG AGENDA ITEMS ADJOURN Ac'don David Graves/15 min Action David Graves/15 min Action David Graves/15 min Action Bucich/10 min Action Perez/5 min Action Matheson/20 min Action Salloum/15 min Action Salloum/10 min Committee Members: Eric Falcon, Chair Dean McCo/gan Af/chael Park c~/ staff: Kathy McClung, D/rector, Community Development Services Sandy Lyle, Administrative Assistant 253.661.4116 Agendas and Summaries 2u(12Llune 3, 2002, LUTC Agcnda.cioc May 20, 2002 5:30 pm City of Federal Way City Council Land Use/Transportation Committee City Hall Council Chambers MEETING SUMMARY In attendance: Committee members Eric Faison, Chair, Deputy Mayor Dean McColgan, and Mike Park; Mayor Jeanne Burbidge; Councilmember Linda Kochmar; Director of Community Development Services Kathy McClung; Public Works Director Cary Roe; Deputy Director of Public Works Ken Miller; Assistant City Attorney Karen Kirkpatrick; Street Systems Engineer Marwan Salloum; Associate Planner Rox Burhans; Administrative Assistant Sandy Lyle. CALL TO ORDER Chair Faison called the meeting to order at 5:34 pm. APPROVAL OF MINUTES The summary of the May 6, 2002, meeting was approved as presented. PUBLIC COMMENT There was no public comment on any item not included in the agenda. BUSINESS ITEMS A. Public Requests for Zoning Code Changes - Six requests from citizens to change existing zoning regulations were received by staff. Four of those are to allow more uses in the Neighborhood Business zone: churches, batting cages, higher density multi-family units, and health clubs. The remaining two requests are for changes to the Business Park zone to allow more flexibility of office uses. The Committee m/s/c recommendation to the City Council at its June 4, 2002, meeting to set a public hearing for June 17, 2002, to consider moving the requests forward for more discussion and review. Possible Expansion of Federal Way Potential Annexation Area (PAA) - At the request of Eric Faison, Land Use/Transportation Committee Chair, staff conducted preliminary research regarding the expansion of the existing Federal Way PAA boundary to include three separate areas located in unincorporated King and Pierce Counties. Officials of both Ki.ng and Pierce County have indicated interest in formal discussions on such proposals. To study the areas under consideration would increase the current PAA Study contract budget of ,$240,000 by 42% and would add approximately four to five months to the current project schedule. The Committee suggested that staff add this project to the 2003-2004 budget process as a new initiative. Interlocal Agreement for Storage Space - The City is in need of additional space for the installation of a 6000- gallon liquid storage tank that would hold a liquid de-icing agent for City snow and ice removal operations. King County has agreed to house the storage tank at the King County Star Lake Maintenance Facility where the County stores its own liquid de-icing storage tank. The Committee m/s/c recommendation of approval to the City Council at its June 4, 2002, meeting, of an Interlocal Agreement to establish the rights and responsibilities of the City and the County. FUTURE MEETINGS The next meeting will be June 3, 2002. ADJOURN The meeting adjourned at 6:28 p.m. K \LL TC Aq, ~ I% ired S~;mmar~es 2002\May 20, 2002 LUTC B, nu es dOC CITY OF FEDERAL WAY PLANNING COMMISSION RECOMMENDATION May 24, 2002 To: From: Via: Subject: Dean McColgan, Chair Land Use/Transportation Committee (LUTC) Greg F~f~s, Deputy Director of Community Development Services David Graves, AICP, Senior Planner, Madrona Planning & Development Svcs. David Mosetey~t~ Manager Amendments to Federal Way City Code (FWCC) relating to single family residential non-conforming structures (FWCC 22-334) and single family residential nonconforming residential uses (FWCC 22-338). il. Background In 1998, Mr. Roger Hyppa submitted two letters to the City Council requesting a Code amendment which would allow the expansion of a residential use in a zone where residential uses are currently not allowed (attached as Exhibit A). As part of the Year 2001 Planning Commission work program, Staff provided analysis outlining arguments for and against allowing the expansion of a non-conforming residential use. Based on the Planning Commission's direction, staff prepared a Code amendment for the Planning Commission's review which would allow the expansion of a non-conforming single family residential use beyond what is currently allowed by the Code. Additionally, based on discussions with staffand inquiries from members of the public, staffalso prepared a Code amendment related to nonconforming residential structures for the Planning Commission's review and recommendation. Proposal The Planning Commission conducted a public hearing and deliberated on May 15, 2002. There were two proposed Code amend~nents before the Planning Commission. One is related to nonconforming single family residential structures, under FWCC 22-334. The second proposed Code amendment is related to nonconfbrming single family residential rises, under FWCC 22- 338. Staff recommended to the Planning Commission that the proposed Code amendment related to nonconforming structures be adopted. Staff recommended that the proposed Code amendment related to nonconforming uses not be adopted. The staff report to the Planning Commission is included as Exhibit B. The proposal before the Planning Commission related to nonconforming single family residential structures would allow the expansion of a non-conforming single family residential structure located in a zoning district which allows single family residential uses, so long as the extent of the existing nonconformity is in no way expanded. The proposed code amendment would clarify and expand existing Code provisions contained in FWCC 22-334. The proposed Code amendment is outlined in Section III. A proposed Ordinance adopting the Code amendment is attached as Exhibit C. The proposal before the Planning Commission related to nonconforming single family residential uses would allow the expansion of a non-conforming single family residential use beyond what is currently provided for under section 22-338. A nonconforming single family use is one which is located in a zoning district which does not allow single family residential uses. Under the proposed Code amendment, an existing nonconforming residential use could be increased by expanding and/or renovating the existing structure and/or the addition of other improvements on tile site. Any expansion, addition, or improvement would be required to meet the development standards such as lot coverage and required yards of the RS 7.2 single family zoning designation. The proposed code amendment would expand existing Code provisions contained in FWCC 22- 338. The proposed Code amendment is outlined in Section llI. A proposed Ordinance adopting the Code amendment is attached as Exhibit D. A proposed Resolution to not adopt the Code amendment is attached as Exhibit D. Changes to the existing Code language are shown as str4k-eom (deletions) and double-underline (proposed additions). III. Planning Commission/Staff Recommendation a. Nonconforming Structures The Planning Commission recommends adoption of the proposed text amendment to FWCC 22- 334 (nonconforming structures) as presented by staff. Staff's recommendation to the Planning Co~nmission was to adopt the provision related to non conforming residential structures. Changes to the existing Code language are shown as s ' ~mk-eom (deletions) and double-underline (proposed additions): 22-334 Nonconforming development. If any aspect, structure, improvement or development does not conform to the development regulations prescribed in this chapter, that aspect, structure, improvement or development must be brought into conformance or otherwise improved as set forth below. (1) Change of use - Single-tenant site. If any applicant proposes a change of use on property used or occupied by a single tenant or use, the applicant shall meet those provisions determined by the director to be reasonably related and applicable to tile change of use. These provisions shall apply to tile entire site. (2) Change of use - Multi-tenant site. If an applicant proposes a change of use on only a portion of property occupied by multiple tenants or uses, the applicant shall meet those provisions detcrmined by the director to be reasonably related and applicable to tile change of use. These provisions shall apply only to that geographic portion of the site related to the use or tenant space on which the change is proposed. (3) Increase in gross floor area. If an applicant proposes to increase the gross floor area of any use on the subject property in any one of the following ways, the applicant shall comply with the development regulations in effect at the time of the proposal, as specified below: If expansion of gross floor area of an existing building occurs either through addition of new floors within the structure or enlargement of the existing building footprint, the applicant shall comply with all development regulations in effect at the time the expansion is proposed. If the property on which the expansion is proposed is occupied by multiple tenants or uses, the applicant shall comply with those development regulations applicable to the geographic portion of the site on which the expansion is proposed; or bo If a new and separate structure is being constructed on an already developed site, the applicant shall comply with all development regulations applicable to the geographic portion of the site on which the new structure and any related improvements are to be constructed; or If the increase in gross floor area involves an existing single family residential dwelling, the applicant shall comply with the development regulations in effect at the time of the proposal. For single family residences, existing nonconformities may remain and continue so long as the existing nonconformities are not being increased or expanded in. any way. New construction or renovation which involves the increase in gross floor area of a nonconforming single family structure is subject to all applicable requirements of the Federal Way Ci.ty Code including but not limited to provisions related to Environmentally Sensitive Areas (FWCC Art. XIV), Off-street Parking (FWCC Art. XV), Improvements (FWCC Art. XVI), and Landscaping (FWCC Art. XVII). b. Nonconforming Uses The Planning Commission recommends adoption of the proposed text amendment to FWCC 22- 338 (nonconforming uses) as presented by staff. Note that staff did not recommend adoption of the provision related to non-conforming single family uses. Changes to the existing Code language are shown as sU4keout (deletions) and double-underline (proposed additions): 22-338 Special provisions for residential uses If the subject property contains a residential use that became nonconforming as to use or density as a result of the adoption of this chapter, the following regulations apply: (1) If the improvements on the subject property are damaged or destroyed by any sudden cause, the structure may be rebuilt; provided, that the number of dwelling units and the gross floor area in and on the subject property may not be increased from that which existed immediately prior to the damage or destruction and any other nonconformity of or on the subject property may not in any way be increased. The provisions of this subsection are only available if the applicant applies for a building permit within 12 months after the sudden damage or destruction and construction is commenced and completed under that building permit. (2) Other than as specified in subsection (1) of this section, the nonconforming use or density must be corrected if the applicant is making changes, alterations or doing other work, other than normal maintenance, in any 12-month period to any structure on the subject property containing_ multi-unit housing (attached and/or stacked dwelling units) and fair market value of these changes, alterations or other work exceeds 50 percent of the assessed or appraised value of that multi-unit structure. The applicant may provide an appraisal of the improvement wkic!: damaged. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. Changes, alterations, additions or other work is subject to all applicable requirements of the Federal Way City Code including but not limited to provisions related to Environmentally Sensitive Areas (FWCC Art. XIV), Off-street Parking (FWCC Art. XV), Improvements (FWCC Art. XVI), and Landscaping (FWCC Art. XVII). (3) Other than as specified in subsection (1) of this section, the nonconforming use or density must be corrected if the applicant is making changes, alterations: adding improvements or doing. other work, other than normal maintenance, in any 12-month period, on the subject property containing a single-family use and fair market value of these changes, alterations, additions or other work exceeds 75 percent of the assessed or appraised value of that single-family structure. Changes, alterations, additions or other work must comply with all bulk, dimensional and other development requirements for a single family detached dwelling located in the RS 7.2 zone (FWCC 22-631). The applicant may provide an appraisal of the improvement. Tile appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal from a source acceptable to the city if tile assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. Changes: alterations, additions or other work is subject to all applicable requirements of the Federal Way City Code including but not limited to provisions related to Environmentally Sensitive Areas (FWCC Art. XIV), Off-street Parking (FWCC Art. XV), hnprovements (FWCC Art. XVI), and Landscaping (FWCC Art. IV. Council Action/Staff Recommendation The Committee has tile following options: 1. Recommend that tile full Council adopt an ordinance approving the proposed amendment to FWCC 22-334 (nonconforming single family residential structures) as recommended by the Planning Couunission. 2. Recommend that the full Council adopt an ordinance approving the proposed amendment to FWCC 22-338 (nonconfor~ning single family residential uses) as recommended by the Planning Commission. 3. Recommend that the Full Couucil modify and then approye oue or both of the proposed code amendments. 4. Recommend that thc full Council disapprove one or both of the proposed code amendments. Staff recommends that the Committee adopt the Planning Commission recommendation and recommend to the full Council Option No. 1; that the full Council adopt an ordinance approving the proposed amendment to FWCC 22-334 (nonconforming single family residential structures); and Staff recommends that the Committee recommend to the full Council Option No. 4; that the full Council not adopt an ordinance approving the proposed amendment to FWCC 22-338 (nonconforming single family residential uses) and adopt a resolution not adopting the proposed Code amendment. V. 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: Dean McColgan Jeanne Burbidge Eric Faison List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Letters from Roger Hyppa dated May 19 & June 1, 1998 May 15, 2002 Staff Report to the Planning Commission Proposed Ordinance adopting mnendments to FWCC 22-334 Proposed Ordinance adopting amend~nents to FWCC 22-338 Proposed Resolution not adopting amendments to FWCC 22-338 May 19, 1998 Phil Watkins, Chairman Land Use/Transportation Committee Dear MCr. Watkins, I was raised on a piece of property in Federal Way located at 1816 S. 340th. We 'have owned this residence for 48 years. My mother recently passed away, and upon listing the property for sale, I learned that it had been rezoned Business Park. This was done without any formal notification to any of the 6 residences on this road. I would like to address the committee at their next meeting on Monday, June 1, at 5:30 P.M. At this time I would request a code 'admentment so that I could construct a garage. I would take no more than 5 minutes of the committee's time to explain the unique situation .of this property. I am hoping you will offer me this opportunity. Sincerely, Roger Hyppa 20136 47th Ave. N.E. Lake Forest Park, Wa. 98155 (206) 364-0857 cc Ken Nyberg Greg Moore EXHIBIT__. __ PAGE, OF June 1, 1998 20136 47th Ave. N.E. Seattle, Wa. 98155 Phil Watkins, Chairman Land Use/Transportation Committee Federal Way, Wa. Dear Mr. Watkins, The property at 1816 South 340th was purchased in 1950 by my parents. It has been our residence for 48 years. Upon listing the residence for sale, I was informed by the real estate agent that it was zoned (B.P.) Business Park. I have since learned that no formal notification of change in zoning was given to any of the residents on this street. have been informed by the City of Federal Way staff that this was legal. However, if legal, I would say it was quite unethical. It was stated it would have been too much of a task to notify all residents of such a change.' There are 5 houses on this street. The current value**of this property as B.P. is approxi- mately $100,000. However, it is virtually impossible to find someone interested in this small of a piece of property for B.P. use. The current value** of the property as a single family residence is approximately $135,00 to $140,00. As you can see, the value of this property is much greater as a home than as B.P. at this time. There is vacant B.P. property to the south of 340th street that has been sitting vacant for many years. **Value established by Bill Drew--Windermere Real Estate EXHIBIT PAGE OF _5 '- Page 2 The nonconformance (Sec. 22-3404) prohbition on increasing nonconformance which prohibits adding on the residence or adding a garage seems totally too restrictive. Because of these restrictions, I have lost two potential sales of this home. In essence, the city. of Federal Way has d(~vahl(~d the property by $40,000. Further, you have placed me on a strangle hold. I am unable to sell because the city has taken away my right to use this property as a residence until it is ready to be developed as B.P. To remedy this situation, I request that Sec. 22-3404 and all relating sections prohibiting the enlargement and expansion of this single family residence be waived or grandfathered, so that its use may continue until such time that it is feasible to transfer into B.P. properW. Sincerely, ~~erer~ypp~a ffff- (206) 364-0857 cc Ken Nyberg Greg Moore EXHIBIT A _ STAFF REPORT TO THE PLANNING COMMISSION FEDERAL WAY CITY CODE (FWCC) AMENDMENTS: Expansion of Nonconforming Residential Uses and Expansion of Nonconforming Residential Structures Planning Commission Meeting of May 15, 2002 I. INTRODUCTION The Planning Commission met on June 20 and July 18,2001 to discuss a Code amendment which would allow existing nonconforming single family residential uses to expand. However, while public testimony was taken, a public hearing on the proposed Code amendment was not held. Based on the Planning Commission's discussions, staff has reviewed the existing Code provisions related to residential nonconformities and made several clarifying changes/additions to the previous proposed Code amendment, Federal Way City Code (FWCC) Section 22-338. The text of the proposed Code amendment is attached as Exhibit A. Based on other nonproject-specific questions from members of the public and City Staff; provisions related to nonconforming single family structures were also reviewed. Staff has prepared an addition to FWCC 22-334 to provide a limited exemption to allow additions to existing nonconfbrming single family residential structures (also attached as Exhibit A). To aid in your review, background information on the specific Code amendments is provided below, divided into sections related to nonconforming residential uses and nonconforming residential structures. Please keep in mind that nonconforming is a descriptive term in the planning context and does not necessarily have a negative connotation. It merely refers to a use or structure which was legally created, but due to a change in zoning, has becolne inconsistent with the current code provisions applicable to the property and/or zone in which the property is located. !I. NONCONFORMING SINGLE FAMILY RESIDENTIAL USES BACKGROUND Mr. Hyppa's Request: In 1998, Mr. Hyppa submitted a letter to the City Council requesting a code amendment that would allow the expansion of a residential use in a zone where residential uses are currently not allowed. Specifically, Mr. Hyppa desires to add a stand-alone garage to an existing residence in a Business Park (BP) zone. MI'. Hyppa owns property located east of Pacific Highway South, between South 336th and South 344th Streets, in a Business Park (BP) zone. Single-family or multi-family residential uses are not currently allowed in the BP zone. There are a number of single-family residences in this area that are a vestige of past development and King County's zoning. Adoption of Zoning Code: Upon incorporation of the City of Federal Way, the City adopted its own zoning regulations and designation for all properties within the City. During the months of January and February of 1990, prior to the adoption of the zoning code, the City held numerous public meetings to solicit public input on the proposed changes to the land use code and zoning map. The issue of nonconforming uses was specifically contemplated at that time, and a special provision for residential uses was enacted. The special provision for residential uses has been reviewed four times, since its adoption in 1990. Each time, a public hearing was held, in addition to review by the Planning Commission and City Council. Each time, the decision by the Council was to leave the provision in substantially the same form as it exists today. In 1991, maintenance work was exempted from the calculation of improvements that would trigger conformance, and in 1997, a 90-day abandonment provision and 180-day cessation of activity provision was deleted from the section. .Special Provisions for Residential Uses: FWCC, Section 22-338 provides as follows: If the subject property contains a residential use that became nonconforming as to use or density as a result of the adoption of this chapter, the following regulations apply: If the improvements on the subject property are damaged or destroyed by any sudden cause, the structure may be rebuilt; provided, that the number of dwelling units and the gross floor area in and on the subject property may not be increased from that which existed immediately prior to the damage or destruction, and any other nonconformity of or on the subject property may not in any way be increased. The provisions of this subsection are only available if the applicant applies for a building permit within 12 months after the sudden damage or destruction, and construction is commenced and completed under that building permit. (2) Other than as specified in Subsection (1) of this section, the nonconfomfing use or density must be corrected if the applicant is making changes, alterations or doing other work, other than normal maintenance, in any 12-month period to any structure on the subject property and fair market value of these changes, alterations or other work exceeds 50 percent of the assessed or appraised value of that structure. The applicant may provide an appraisal of the improvement that has been damaged. The appraisal must be fi'om a source that is Page 2 Planning Commission Stall' Report Expansion of Nol~conforming Rcsi(h~_ acceptable to the City. The Community Development Director may require the applicant to provide an appraisal from a source acceptable to the City, if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the City, the larger of the two amounts shall be used. B. ANAL YSIS Staff is providing the following analysis outlining arguments for and against allowing additional exceptions to the Nonconformance chapter of the Zoning Code, to allow for additional expansion of nonconforming residential uses in non- residential zones. Staff has also incorporated several additions to the proposed amendment to Sec 22- 338 related to nonconforming residential uses. While staff does not support the overall amendment to Sec 22-338, staff made the addition to 22-338(2) to distinguish between nonconforming single family and nonconforming multi-family uses and to ensure the designation of a multi-family use is consistent with the Code definition. The purpose of the proposed addition 22-338(2) is to make clear that any change in an existing nonconforming single family use is subject to all applicable requirements of the Code including provisions related to Environmentally Sensitive Areas, parking, improvements, and landscaping. A nonconforming use is a use which lawfully existed prior to the enactment of a zoning ordinance, and which is maintained after the effective date of the ordinance, although it does not comply with the zoning restrictions applicable to the district in which it is situated. The right to continue a nonconforming use despite a zoning ordinance that prohibits such a use in the area is sometimes referred to as a "protected" or "vested" right. This right, however, refers only to the right not to have the use immediately terminated in the face of a zoning ordinance that prohibits the use. University Place v. McGuire, 102 Wn. App. 658, 9 P.3d 918 (2000), citing Rhod-A-Zalea & 33th, Inc. v. Snohomish Co~mty, 136 Wn.2d 1, 6, 959 P.2d 1024 (1998). The prevailing public policy is to severely limit if not abolish noncontbrming uses. Anderson v. Island Cozm0~, 81 Wn.2d 312, 501 P.2d 594 (1972); Bartz v. Board ~/' Adjustment, 80 Wn. 2d 209, 492 P.2d1374 (1972); Colema~ v. Walla I~'~dla, 44 Wn.2d 296,266 P.2d 1034 (1954). Nonconforming uses are unifomaly disfavored and the Washington courts have repeatedly acknowledged the desirability of eliminating such uses. Rhod-A-Zalea & 35lh, Inc. v. Snohomish CounO,. at 1028. citing Ackerley Comm~nicalions, Inc. v. CiO: qf Seatlle, 92 Wn.2d 905. 920,602 P.2d 1177 (1979). The ultimate purpose of zoning ordinances is to confine certain classes of buildings and uses to certain localities. The continued existence of those that are nol~conforming is inconsistent with that object. Rhod-A-Zalea & 35th, Inc. v. Iqanning Commission .qtafl' I),cport Snohomish County, at 1027, citing State ex rel. Miller v. Cain, 40 Wn. 2d 216, 221, 242 P.2d 505 (1952). The court in Anderson v. Island County held: ...it is contemplated that conditions should be reduced to conformity as completely and as speedily as possible with due regard to the special interest of those concerned and that where suppression is not feasible without working substantial injustice, there shall be accomplished the greatest possible amelioration of the offending use which justice permits...The generally accepted method of eliminating nonconforming uses is to prevent any increase in the nonconformity and, when changes in the premises are contemplated...to compel a lessening or complete suppression of the nonconformity. The theory of the zoning ordinance is that the nonconforming use is detrimental to public interests such as health, safety, or welfare. Commentators agree that nonconforming uses limit the effectiveness of land-use-controls, imperil the success of community plans and injure property values. Id. at 1028, citing 1 R. Anderson, American Law of Zoning Sec. 6.02 and R. Settle, Washington Land Use Sec. 2.7 (d). Although found to be detrimental to important public interests, nonconforming uses are allowed to continue based on the belief that it would be unfair to require an immediate cessation of a nonconforming use. However, "[tit was not and is not contemplated that preexisting nonconforming uses are to be perpetual." Rhod-A-Zalea & 35t~', Inc. v. Snohomish CounO~, at 1028, citing State ex. Rel. Miller v. Cain, at 505. Therefore, while status as a nonconforming use generally grants the right to continue the existing use, it does not grant the right to significantly change, alter, extend, or enlarge the existing use. Id. at 1027. In summary, Washington courts permit the "intensification" of nonconforming uses, but not the "enlargement." This requires that the character of the use remain unchanged, substantially the same facilities be used, and the use not differ in kind fi'om tile nonconforming use. Keller v. City of Bellingham, 92 Wn.2d 726, 600 P.2d 1276 (1979); Meridian Minerals v. King County, 61 Wn. App. 195, 810 P.2d 31(1991). 1. Pros: It is generally accepted that a nonconforming use should be allowed to continue lbr some period alter enactlnent of tile ordinance making the use noncontbrming to prevent a substantial injustice. Additionally, there may be situations in which it is appropriate to encourage the stability and expansion of noncontbrming residential uses, such as in all area in transition. For example, ill all area where industrial or heavy commercial uses are no longer viable due to a lack of appropriate infrastructure, nonconforming residential uses may be allowed to enlarge or expand and new residences develop as a transition to a more mixed neighborhood with residential uses and lighter commercial and retail uses takes place. Such a I'lanning Commissio.~ ~,t~tl/' aq3Olll Page 4 l]xpansion of Nonconlbrmin~~ '~ scenario, however, would typically be accomplished by a zoning amendment to legalize the nonconforming residential uses and create incentives for lighter commercial, retail or mixed uses. 2. COILS? First, contrary to the above, Mr. Hyppa's nonconforming use is not being threatened with immediate termination. It has been nonconforming for over 10 years and, as long as the use is continued without enlargement, it may continue as a nonconforming use. Second, contrary to the above, where it was noted that allowing an expansion of nonconforming residential uses can sometimes provide a transition to less intensive uses, the exact opposite is the case here. In this type of case, where the residential use is a vestige of past zoning and development patterns, and the current zoning is directed to more intensive industrial uses, the general policy is to prohibit nonconforming uses fi'om expanding so as to facilitate light industrial development. Third, the prevailing public policy is to severely limit, if not abolish, nonconforming uses. Nonconforming uses limit the effectiveness of land- use-controls, imperil the success of community plans and injure property values. Fourth, the uses allowed in the BP zone are vehicle intensive and noisy, potentially operating 24-hours per day. Uses allowed in the BP zone include stone cutting, industrial laundry facilities, manufacturing, research and development facilities, hazardous waste storage and treatmeut, chemical manufacturing, warehouse, and wholesale distribution. These uses generate impacts that are generally incompatible with single-farnily residences. Allowing a single family use to extend it's life by expansion increases the possibility of conflicts. Fifth, the City has a finite supply of land available for more intensive heavy commercial uses. Allowing nonconforming residential uses to enlarge or expand in these areas reduces the likelihood that the properties will become available for redevelopment by a more intensive use as intended by the Comprehensive Plan and Zoning Code. Sixth, FWCC, Section 22-338 currently contains a special provision for residential uses. The existing code allows normal maintenance, alterations, or other work on the structure, so long as the fair market value of the proposed chauge does not exceed 50 percent of the assessed or appraised value of the existing structure. Thus, Mr. Hyppa could make changes and/or add on to the existing structure, so long as the change or addition cont'onns to the development standards tbr the underlying zone, such as setbacks and Planning Commission Slal'l' Rcporl Page 5 height, and the change or addition does not exceed 50 percent of the assessed or appraised value of the structure. The existing code provisions would allow construction of an attached garage, but not allow a new detached garage to be constructed. C. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan; The proposed FWCC text amendment related to nonconforming residential uses is not consistent with the Comprehensive Plan, because allowing the additional expansion of nonconforming residential uses beyond what is currently allowed by the Code is contrary to the following Comprehensive Plan goals and policies: L UP29 Provide for a mixture of commercial and residential uses in commercial areas, except Business Park and Qffice. L UG5 Develop a quality business park area that supports surrounding commercial areas. LUP36 Develop business parks which fit into their surroundings by grouping similar industries in order to reduce or eliminate land use conflicts, allow sharing of public facilities and services, and improve traffic.flow and sqfety. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare; and The proposed FWCC text amendments lack any substantial relationship, and negatively affect the public health, safety, and welfare. Nonconforming residential uses are currently provided a special exception under the current Code to make alterations, renovations or changes, within certain parameters. This expansion is limited to encourage the re-development of the area to a more intensive use as allowed by the Code. Any further expansion of these structures increases the potential for conflict between a residential use (not currently allowed) and a inore intensive industrial, COlnmercial or office use (which is allowed). The City has designated the BP zone for intensive commercial uses, which potentially generate noise, odors, light and traffic impacts, in an area with easy access to Interstate 5, the m~jor transportation con'idor. Encouraging the further enhancement and EXHIBIT, Phmning Commission Staff Report entrenchment of nonconforming residential uses in the BP zone will preclude the siting and or expansion of business, commercial or office development, and will not further 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 amendments related to nonconforming residential uses are not in the best interest of the residents of the City, because encouraging the further enhancement and entrenchment of nonconforming residential uses in areas designated for more intensive business, commercial or office developments will increase conflicts between the uses and preclude the location and or expansion of commercial developments. Business, commercial and office developments generate tax revenues for the City and provide jobs to the City's residents. A City needs a mixture of residential and non-residential uses to function properly. D. RECOMMENDATION Based on the above, staff recommends not allowing additional expansion of nonconforming residential uses in non-residential zones beyond that already allowed under FWCC Section, 22-338. The uses currently allowed in the BP zone are not generally compatible with residential uses. As the remaining supply of BP land develops, surrounding residences in the BP zone will be severely impacted. The nonconforming residential uses within the BP zone should be encouraged to relocate, in order to increase the supply of available BP-zoned land, and aid in the economic development of the City to benefit all its residents. Allowing the expansion of nonconforming residential uses would be contrary to this goal, and to prevailing public policy. IlL NONCONFORMING SINGLE FAMILY RESIDENTIAL STRUCTURES A. BACKGROUND & PROPOSED CODE AMENDMENT It is important to distinguish between uses and structures. Non conforming structures are those structures located in a zone, containing an allowed use, where a portion of the structure may not comply with the current development regulations. For example, the front of the structure, when constructed, did comply with the fl'ont setback requirement. However, due to an expansion of the right-of-way, the fi'ont yard dimension has decreased or, due to the change in zoning fi'om King County to the City of Federal Way, the front yard requirement has increased, the fi'ont of the structure is now within the required front yard setback and is thus nonconforming. Under the current Code, a property owner is precluded from expanding the gross floor area of a nonconforming single family structure unless the nonconlbrmance is brought into cont'ormity. FWCC Sec 22-334 requires that an ilnprovement must comply with all development regulations ill effect at the time the expansion is proposed (FWCC 22-334). Most jurisdictions allow additions to legal EXHIB!T Planning Commission Staff Report Page7 l-~xpansion of Noncon I'onn lng l>,csidentiiF~ql~ctt~ nonconforming single family structures, so long as the extent of the existing nonconformity is in no way expanded. Using the example above: a property owner who's house is nonconforming as to the front setback is precluded from adding on to the rear of the house unless the existing nonconformity is corrected, under the current provisions of the Code. The proposed addition to Sec. 22-334, applicable only to single family structures, would allow an expansion of the structure, so long as the portion of the structure which is nonconforming is in no way enlarged or expanded, and the proposed addition complies with all provisions of the Code. The following is the proposed Code language: "If the increase in gross floor area involves an existing single family residential dwelling, the applicant shall comply with the development regulations in effect at the time of the proposal. For single family residences, existing nonconformities may remain and continue so long as the existing nonconformities are not being increased or expanded in any way. New construction or renovation which involves the increase in gross floor area of a nonconforming single family structure is subject to all applicable requirements of the Federal Way City Code including but not limited to provisions related to Environmentally Sensitive Areas (FWCC Art. XIV), Off-street Parking (FWCC Art. XV), Improvements (FWCC Art. XVI), and Landscaping (FWCC Art. XVII)." B. ANAL YSIS Staff is providing the following analysis outlining arguments for and against allowing the expansion of a nonconforming single family residential structure in a single family residential zone. 1. Pros: It is generally accepted that a nonconforming single family residential structure be allowed to expand so long as the extent of the nonconformity is not expanded and so long as the expansion conforms to all applicable provision of the code such as building setbacks/yard requirements, height, and environmentally sensitive area regulations. Enabling a homeowner to expand or in other ways renovate their dwelling preserves and enhances thc character of a neighborhood. As long as the extent of the existing nonconformity is not expanded and any proposed expansion complies with the applicable provisions of the Code, negative impacts to the surrounding neighbors and the neighborhood over and above general development impacts are expected to be minimal or non existent. l'lanning Commission Stol/' Report Pagc 8 2. Cons: There are those situations where, for example, a single family dwelling is built so close to a property line that its presence intrudes on the neighboring property regardless of the expansion being constructed consistent with the Code. By allowing nonconforming structures to be renovated or expanded without bring the nonconformity into compliance with the Code, the nonconformance and any impacts associated with it are prolonged. The underlying policy regarding nonconformities is that they should be brought into compliance and not allowed to remain in perpetuity. However, the Code does provide that a non-conforming structure must be brought into conformance if"[t]he applicant is making any alteration or changes or doing any work, other than normal maintenance or other than tenant improvements, in any one consecutive 12-month period to an improvement that is nonconforming and the fair market value of the alteration, change or other work exceeds 50 percent of the assessed or appraised value of that improvement." (FWCC 22-334(6)) Thus while a new kitchen or bedroom addition may not trigger the 50% threshold, a more complete renovation of a single family dwelling would require that the nonconformance be brought into compliance with the Code. C. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan; The proposed FWCC text amendment related to nonconforming residential structttres (FWCC 22-334) is consistent with the Comprehensive Plan, because allowing the expansion of noncontbrming residential structures, so long as the nonconformity is not increased or expanded and the proposed addition is consistent with all aspects of tile FWCC, is consistent with the following Comprehensive Plan goals and policies: LUG3 Preserve and protec! Federal Way's single fimfily neighborhoods. HGI Preserve and prolec! the qualiO, el'existing residential neighborhoods and require new development to be qf a scale and design thai is compatible with existing neighborhood character. EXHIBIT. J)Janldng Commission %laff Report Page 9 ILxpansion of Nonconform'n~ Rcsidcnlial / ' tn'c. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare; and The proposed FWCC text amendment related to nonconforming residential structures bears a substantial relationship to the public health, safety, and welfare because if facilitates the renovation of existing nonconforming single family residential structures, so long as the existing nonconformity is in no way expanded or enlarged. The proposed addition must meet all aspects of the FWCC would be consistent with opportunities provided to all other properties. 3. The proposed amendment is in the best interest of the residents of the City. The proposed FWCC text amendment related to nonconforming residential structures is in the best interest of the residents of the City, because it affords owners of single family residential structures the flexibility to renovate and modernize existing nonconforming structures in a manner which will not increase or expand the extent of the existing nonconformity. Well kept and modern single family houses and neighborhoods have a positive impact on the City's residents and the image of the City. D. RECOMMENDATION Staff does recommend approval of the proposed Code amendment related to nonconforming residential structures (FWCC 22-334), to afford property owners the maximum flexibility in the upkeep and renovation of their property, so long as the extent of any nonconformity is not increased or expanded in any way. Planning Commission - Exhibit A NONCONFORMING RESIDENTIAL USES 22-334 Nonconforming development. If any aspect, structure, improvement or development does not conform to the development regulations prescribed in this chapter, that aspect, structure, improvement or development must be brought into conformance or otherwise improved as set forth below. (1) Change of use - Single-tenant site. If any applicant proposes a change of use on property used or occupied by a single tenant or use, the applicant shall meet those provisions determined by the director to be reasonably related and applicable to the change of use. These provisions shall apply to the entire site. (2) Change of use - Multi-tenant site. If an applicant proposes a change of use on only a portion of property occupied by multiple tenants or uses, the applicant shall meet those provisions determined by the director to be reasonably related and applicable to the change of use. These provisions shall apply only to that geographic portion of the site related to the use or tenant space on which the change is proposed. (3) Increase in gross floor area. If an applicant proposes to increase the gross floor area of any use on the subject property in any one of the following ways, the applicant shall comply with the development regulations in effect at the time of the proposal, as specified below: a. If expansion of gross floor area of an existing building occurs either through addition of new floors within the structure or enlargement of the existing building footprint, the applicant shall comply with all development regulations in effect at the time the expansion is proposed. If the property on which the expansion is proposed is occupied by multiple tenants or uses, the applicant shall comply with those development regulations applicable to the geographic portion of the site on which the expansion is proposed; or b. If a new and separate structure is being constructed on an already developed site, the applicant shall comply with all development regulations applicable to the geographic portion of the site on which the new structure and any related improvements are to be constructed; or c. If the increase in gross floor area involves an existing single family residential dwelling, the applicant shall comply with the development regulations in effect at the time of the proposal. For sing[le family residences, existing nonconformities may remain and continue so long as the existing nonconformities are not being increased or expanded in any way. New construction or renovation which involves the increase in gross floor area of a nonconformilkt~ single family structure is subiect to all applicable requirements of the Federal Way City _Code includino~ but not limited to provisions related to Environmentally Sensitive Areas (FWCC Art. _X~IV)~ Off-street Parking~FWCC Art. XV)~rovements (FWCC Art. XVI), and Landsc~p_~ (FWCC Art. XVII). MADP, ONA PLANNING & DI(VEI.OPMI~NT SVCS APmL 24, 2002 EXHIBIT PAGE _JJ_OF 22-338 Special provisions for residential uses If the subject property contains a residential use that became nonconforming as to use or density as a result of the adoption of this chapter, the following regulations apply: (1) If the improvements on the subject property are damaged or destroyed by any sudden cause, the structure may be rebuilt; provided, that the number of dwelling units and the gross floor area in and on the subject property may not be increased from that which existed immediately prior to the damage or destruction and any other nonconformity of or on the subject property may not in any way be increased. The provisions of this subsection are only available if the applicant applies for a building permit within 12 months after the sudden damage or destruction and construction is commenced and completed under that building permit. (2) Other than as specified in subsection (1) of this section, the nonconforming use or density must be corrected if the applicant is making changes, alterations or doing other work, other than normal maintenance, in any 12-month period to any structure on the subject property containing multi-unit housing (attached and/or stacked dwelling units) and fair market value of these changes, alterations or other work exceeds 50 percent of the assessed or appraised value of that multi-unit structure. The applicant may provide an appraisal of the improvement ~ damaged. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. _Changes, alterations, additions or other work is subject to all applicable requirements of the Federal Way City Code including but not limited to provisions related to Environmentally Sensitive Areas (FWCC Art. XIV), Off-street Parking (FWCC Art. XV), Improvements (FWCC Art. XVI), and Landscaping (FWCC Art. XVII~. 3L3J Other than as specified in subsection (1) of this section, the nonconforming use or density_ must be corrected if the applicant is making changes, alterations, adding improvements or doing other work, other than normal maintenance, in any 12-month period, on the subject property containing a single-family use and fair market value of these changes, alterations, additions or other work exceeds 75 percent of the assessed or appraised value of that single-family structure. Changes, alterations, additions or other work must comply with all bulk, dimensional and other development requirements for a single family detached dwelling located in the RS 7.2 zone _(FWCC 22-631). The~pj21icant ma~cprovide an appraisal of the improvement. The appraisa.[ must be fi'Oln a source that is acceptable to the city The comlnunitv development director mav~ require the _ap4?licant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inapj2ropriate. If an appraisal is provided by the apj21icant or required by the city, t_he larger of the two amounts shall be used. Changes, alterations, additions or other _work is subject to all applicable requirements of the Federal Way City Code including but not limited to provisions related to Environmentally Sensitive Areas (FWCC Art. XIV), Off-street Parking~FWCC Art. XV), h~)provements (FWCC Art. XVI), and Landscaping (FWCC Art. XVII~. MADRONA PLANNING & DI{VI~I.OI)MI{NT SVCS API~Ih 24. 2002 EXHIBIT PAGE_/ _.OF EXHIBIT C CITY OF FEDERAL WAY ORDINANCE NO. 02 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE TO ADDRESS NONCONFORMING SINGLE FAMILY RESIDENTIAL STRUCTURES 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 amendment to FWCC, Chapter 22 (Zoning), to allow the expansion of a non-conforming single family residential structure located in a zoning district which allows single family residential uses, so long as the extent of the existing nonconformity is iu no way expanded, will provide for improved review processes. WHEREAS, the City of Federal Way finds that the code amendment to allow the expansion of a non-conforming single family residential structure located in a zoning district which allows single family residential uses will implement and is consistent with the Federal Way Comprehensive Plan; and WHEREAS, the City's SEPA Responsible Official adopted the Determination of Nonsignificance issued on August 11, 2001 for the code amendment to allow the expansion of a non- conforming single family residential structure located in a zoning district which allows single family residential uses, on or about March 26, 2002; and WHEREAS, no comments or appeals were received prior to the established SEPA deadlines of August 27, 2001, and September 10, 2001, respectively, and the initial Determination of Nonsignificance became final without modification; aud WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code amendment relating to the expansion ora non-conforming single family residential structure located in a zoning district which allows single family residential uses on May 15, 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 amendment to allow the expansion of a non-conforming single family residential structure located in a zoning district which allows single family residential uses, on June 3, 2002, following which it recommended adoption of the text amendment. WHEREAS, the City Council finds that the code amendment to allow the expansion of a non- .con'forming single family residential structure located in a zoning district which allows single family residential uses is 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 amendment will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposed FWCC text amendment is consistent with, and substantially implements, the following Comprehensive Plau goals and policies: £UG3 Preserve and prolecl Federal Way's single family neighborhoods. ltG1 Prexerve (#~d l~rolecl Iht' qt,alio~ (?ir exixting residential neighborhoods ORD 6' __, PAGE 2 and require new development to be of a scale and design that is compatible with existing neighborhood character. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare because it facilitates the renovation of existing nonconforming single family residential structures, so long as the existing nonconformity is in no way expanded or enlarged; and 3. The proposed amendment is in the best interest of the residents of the city because it affords owners of single family residential structures the flexibility to renovate and modernize existing nonconforming structures in a manner which will not increase or expand the extent of the existing nonconformity. 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. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. ORD# _ __,PAGE3 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: Mayor, Jeanne Burbidge Attest: City Clerk, N. Cristine Green, CMC Approved as to Form: City Attorney, Bob C. Sterbank Filed With the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance No.: ORD # , PAGE 4 EXHIBIT D CITY OF FEDERAL WAY ORDINANCE NO. 02 - AN ORDINANCE OF THE CITY COUNCIL OF THE WAY, WASHINGTON, AMENDING CHAPTER 22 FEDERAL WAY MUNICIPAL CODE TO ADDRESS SINGLE FAMILY RESIDENTIAL USES CITY OF FEDERAL (ZONING) OF THE NONCONFORMING 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 amendment to FWCC, Chapter 22 (Zoning), to allow the expansion of a non-conforming single family residential use located in a zoning district which does not allow single family residential uses, will provide for improved review processes. WHEREAS, the City of Federal Way finds that the code amendment to allow the expansion of a non-conforming single family residential use located in a zoning district which does not allow single family residential uses will implement and is consistent with the Federal Way Comprehensive Plan; and WHEREAS, the City's SEPA Responsible Official issued a Determination of Nonsignificance for the code amendment to allow the expansion ora non-conforming single family residential use located in a zoning district which does not allow single family residential uses on August 11,200 t; and WHEREAS, no comments or appeals were received prior to the established SEPA deadlines of August 27, 2001, and September 10, 2001, respectively, and the initial Determination of Nonsignificance became final without modification; and WHEREAS, the Planning Co~nmission conducted a duly noticed public hearing on the code amendment relating to the expansion of a non-conforming single family residential use located in a zoning district which does not allow single family residential uses on May 15, 2002, and forwarded a recommendation of approval to the City Couucil; and WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered the code amendment to allow the expansion ora non-conforming single family residential use located in a zoning district which does not allow single family residential uses, on June 3, 2002, following which it recommended adoption of the text amendment. WHEREAS, the City Council finds that the code amendment to allow the expansion of a non- conforming single family residential use located in a zoning district which does not allow single family residential uses is 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 amendment will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon .the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposed FWCC text amendment is consistent with, and substantially implements, the following Comprehensive Plan goats and policies: L UP10 Support a diverse comtnunily comprised of neighborhoods which provide a range of housing options: a vibrant City Center: well designed and fimctioning commercial areas: and dislinctive retail areas. LUPl l Support the conlinuation ora strong residential communily. ORI) # , PAGE 2 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare because it will enable existing residential uses which became nonconforming upon incorporation to upgrade or otherwise enhance or renovate the property and or structure in a manner similar to what is allowed if the subject property were located in a residential zone. The renovation and/or modernization of existing structures makes these structures safer and more livable, which has a direct relationships to the public health, safety, and welfare; and 3. The PrOPosed am...m..end~nt is in the best interest of the residents of the city because it affords those reside~-~-~---~t~-~s~?'°~ ' ) perry became nonconforming as a result of incorporation to renovate or make changes to their property in a manner similar to what is allowed of residents who's property is located in a residential zone. 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. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect tile validity of the remainder of the ordinance, or the validity of its application to any other persons or circmnstances. 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. on tile PASSED by the City Council of the City of Fedcral Way at a regular meeting of the City Council __ day of ,2002. Approved: ORD # , PAGE 3 Mayor, Jeanne Burbidge Attest: City Clerk, N. Cristine Green, CMC Approved as to Form: City Attorney, Bob C. Sterbank Filed With the City Clerk: · Passed by the City Council: Published: Effective Date: Ordinance No.: ORD # , PAGE 4 EXHIBIT E RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATED TO THE PROPOSED AMENDMENT TO CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE TO ADDRESS NONCONFORMING SINGLE FAMILY RESIDENTIAL USES. WHEREAS, the City of Federal Way finds that the amendment to FWCC, Chapter 22 (Zoning), to allow the expansion of a non-conforming single family residential use located in a zoning district which does not allow single family residential uses, will not provide for improved review processes. WHEREAS, the City of Federal Way finds that the code amendment to allow the expansion of a non-conforming single family residential use located in a zoning district which does not allow single family residential uses will not implement and is not consistent with the Federal Way Comprehensive Plan; and WHEREAS, the City's SEPA Responsible Official issued a Determination of Nonsignificance for the code amendment to allow the expansion ora non~conforming single family residential use located in a zoning district which does not allow single family residential uses on August 11, 2001; and WHEREAS, no comments or appeals were received prior to the established SEPA deadlines of August 27, 2001, and September 10, 2001, respectively, and the initial Determination of Nonsignificance became final without modification; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code amendment relating to the expansion of a nou-conforming single family residential use located in a zoning district which does not allow siugle family residential uses on May 15, 2002, and forwarded a recommendation of approval to the City Council; and WItEREAS, the Laud Use Transportation Committee of the Federal Way City Council considered the code amendment to allow the expansion of a non-coufomfing single family residential use located in a zoning district which does not allow single family residential uses, on June 3, 2002, following which it did not recommend adoption of the proposed text amendment. WHEREAS, the City Council finds that the code amendment to allow the expansion ora non- conforming single family residential use located in a zoning district which does not allow single family residential uses is not 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 amendment will not protect and will adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the denial of the proposal: 1. The proposed FWCC text amendment is not consistent with, and does not substantially implement, the following Comprehensive Plan goals and policies: LUP29 Provide for a mixture of commercial and residential uses in commercial areas, except Business Park and Office. L UG5 Develop a quality business park area that supports surrounding commercial areas. LUP36 Develop business par~~ which fit into their surroundings by grouping similar industries in order to reduce or eliminate land use conflicts, allow sharing of public facilities and services, and improve trqffic flow a.d sqfety. 2. The proposed amendment does not bear a substantial relationship to public health, safety, or welfare because nonconforming residential uses are currently provided a special exception Res. # Page 2 under the current Code to make alterations, renovations or changes, within certain parameters. This expansion is limited to encourage the re-development of the area to a more intensive use as allowed by the Code. Any further expansion of these nonconforming residential uses increases the potential for conflict between a residential use (not currently allowed) and a more intensive industrial, commercial or office use (which is allowed). Encouraging the further enhancement and entrenchment of nonconforming residential uses will preclude the siting and or expansion of business, commercial or office development, and will not further the public health, safety, and welfare; and 3. The proposed amendment is not in the best interest of the residents of the city because encouraging the further enhancement and entrenchment of nonconforming residential uses in areas designated for more intensive business, commercial or office developments will increase conflicts between the uses and preclude the location and or expansion of commercial developments. Business, commercial and office developments generate tax revenues for the City and provide jobs to the City's residents. A City needs a mixture of residential and non- residential uses to function properly. Section 3. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 4. Ratification. Any act consistent with tile authority and prior to tile effective date of the resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Rcs. fl . Page 3 Resolved by the City Council of the City of Federal Way, Washington, this __ ,2002. day of Approved: Mayor, Jeanne Burbidge Attest: City Clerk, N. Christine Green, CMC Approved as to Form: City Attorney, Bob C. Sterbank Filed with the City Clerk: Passed by the City Council: Resolution No: Rcs, t/ , Page 4 ~TY OF ~ MEMORANDUM DATE: Ma,/24, 2002 TO: FROM: VIA: SUBJECT: Dean McColgan, Chair Land Use and Transportation Committee David Graves, Cont/t~Senior Planner David Mo er Final Plat Application for Tresden Place Federal Way File #02~101104-00SU I. STAFF RECOMMENDATION City of Federal Way staff has reviewed the Tresden Place final plat for compliance with preliminary plat conditions and all applicable codes and policies, and recommends approval of the final plat application. Pursuant to Federal Way City Code (FWCC) Article II, P/ats, all applicable codes, policies and conditions have been satisfactorily met as discussed in the attached staff report or sufficient financial guarantee has been provided. II. SUMMARY OF APPLICATION This application requests final plat approval of the plat of Tresden Place, a subdivision of 47 single- family lots on 8.53 acres. Preliminary plat approval for the 47-1ot residential subdivision was granted by the Federal Way City Council on September 19, 2000. The Plat of Tresden Place is located on the easterly side of Military Road South at South 296th and South 298~ Streets, in Federal Way. Zoning for the site at the time of application was and still is Residential Single Family (RS 5.0). Pursuant to FWCC Section 20-136, the City Council may approve the final plat application only if all criteria of FWCC Section 20-136(b), are met. Findings and conclusions contained in the staff report to the City Council and by reference in the resolution indicate that the application is consistent with these criteria. III. REASON FOR COUNCIL ACTION IV. The final decision for all final plats rest with the City Council in accordance with FWCC section 20- 136(b). Bringing this matter before the City Council Land Use Committee for review and recommendation prior to the full Council is consistent with how land use matters are currently processed by the City. EXHIBITS Exhibit A Vicinity Map Exhibit B Final Plat Map Exhibit C Staff Report Exhibit D Resolution APPROVAL OF COMMI]-FEE ACTION: Dean McColgan Jeanne Burbidge Eric raison Z21 Image Map Page Page 1 of l {~ Return to Zoning Index Zoning Map 21 SE 04-21-04 - SE quarter of Kroll 703 ; S, OO*TH- eT. .......................... r:;-;=:::";::.: Description of Zoning Designations Scale: 0 250 500 Feet L ................. ~' ........... ~ (C::y & slate) Th!~ map I~, ao::omF~r'~:i ~ no ~r:rar:b~, ar~:~ is sm-~pfy a g,r,¢l~ic represert.qt~:an. Losalion of morn te.a.~ures Is ncr 9~Jaran'.eed. and ncl 8tl fea:ure,s rare r, h0~n 5/22/2002 TRESDEN PLACE A PORTION OF THE NE 1/4 OF THE SE 1/4 OF SEC. 4, TWP. 21N., RNG. FEDERAL WAY, KING COUNTY, WASHINGTON 4E. W.M. DEDICATION: Know all people Dy these presents that we. the undersigned owners of interest in the lanO hereby suPdivideO, hereby ACNNOWLEI)GEMENTS: State of washington } )SS County of J I cert?y t~at I knCw or have satisfactory evidence that is the person who apgeareo Before DESCRIPTION: The east half of the west half of the north 659.69 feet of the Northeast quarter of the Southeast quarter of Section A. Township 21 North. Range 4 East. W.N.. in King County. Washington: EXCEPT the south 30 feet for roaO purposes and thot portion conveyeo to the State of Washington unOer King County Recording NO agBssgf ANO That portion of the west naif of the west half of the north 65969 feet of the Northeast Quarter of the SOUtheaSt quarter of Section 4. Township 2f North. Range 4 East. WM., in King County. Washington, lying easterly of Old Military Road; EXCEPT the south 30 feet thereof for South 2gBth Street. TOGETHER WITH that portion of South 2gOth Street vacated by City of Federal Way Ordinance NO. APPROVALS: DEPARTMENT OF COMMUNITY DEVELOPMENT: EXANINEO AND APPROVED THIS -- DAY OF DIRECTOR OF COMMUNITY DEVELOPMENT KING COUNTY DEPARTMENT OF ASSESSMENTS: EXAMINED AND ARPROVED THIS __DAY OF 200_ KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER. FEDERAL WAY CITY COUNCIL: EXAMINED AND ARPROVEO THIS -- DAY OF 200_ MAYOR ATTEST: CITY CLERK DEPARTMENT OF PUgLIC WOR<S: EXAMINEO AND A~PROVED THIS __ DAY OF 20O _ PUBLIC WORKS OIRECTOR FINANCE DIVISION CERTIFICATE: MANAGER, FINANCE DIVISION I reft)fy that i knOW or nave satisfactory evidence that is the per'son who appeared OefQre me. an~ said person acknowledged tmat (s)he signed thls ]nStrumenl, on Oath stated (s)he was author]zee to ezecute the InStrume~t and acknowledged it as the of __ __ __ tc be the free and voluntary act of S~ch Batty for the use5 and purposes mentioned in the instrument Notary Public in and for' the State of Washlngtcn ROS1cing at Prlntec name Commission expires DEPUTY RECORDING CERTIFICATE: Flied for record at the request of the Federal SURVEYOR'S CERTIFICATE: Norman E Larson, P L S Certificate NO 22338 F,ILE NO 02 101104 TRESDEN PLACE A PORTION OF THE NE 1/4 OF THE SE 1/4 OF SEC. 4, TWP. 21N., RNG. 4E. W.M. FEDERAL WAY, KING COUNTY, WASHINGTON PLAT NOTES: NOTES: l) The monument control Sho~n for this site was accompllsnea by f~eld traverse utilizing a one (1) second theodolite with lntegral electronic dlstance measuring meter fGeodimeter 600) and Rea] Time Kinematic (RTK) / Static Global Positioning System (GPS). Linear and angular closure of the traverses meet the standards of WAC 338 130-090. 2) Utilities other than those shown may exist on this site Only those which are visible or having vlslble evidence EASEMENTS & RESERVATIONS: LOT ADDRESSES: LOT NO. LOt 47 9gPl South gg8tn Street Note: Any addresses shown are prel:mlnary only and sub,ecL to change BUILDING SETBACKS: Front - lO feet Side5 feet Surveying 1. NE SE 4, TgiN, R4E, Kent. WA 98032 o 5O ! TRESDEN PLACE A PORTION OF THE NE 1/4 OF THE SE 1/4 OF SEC. 4, FEDERAL WAY, KING COUNTY, 171.76' 20/~ 2¥< 65368' South 296th Street N8~'50 12'W 233~73 19305 C30 24 25 32 26 46 27 TWP. 21N., RNG. 4E. W.M. WASHINGTON Nort~east corner Sec, Fou. O -x' ~n ~- S00'85'~1-w \ I San)tar¥ sewer easement 100 O0 4 N89 '42 45 E ~Bg'qE ~5 E I1100 O0 O0 O0 " - S89 ;5~ ~E - South 298th Street SCALE: 1" = 50' LEGEND: ~ ~3rument found as n3tec ~stted 7-22. 23 ~ 29. 1996~ BASIS OF BEARING: u~,~,~ Polnte Surveying SIIEET S 01" 4 KING COUNTY, t~:ASHINGTON I TRESDEN PLACE A PORTION OF THE NE 1/4 OF THE SE 1/4 OF SEC. 4, TWP. giN., RNG. 4E. W.M. FEDERAL WAY, KING COUNTY, WASHINGTON CURVE TABLE: CURVE ARC DELTA__ RADIU~ C1 68.35 18'4941' 20800' CZ 3'.80' 9'35'05' 20800' LOT AREAS: Square Ft. ACres Lot 1 5058 0.116 Lot 2 5000 0 115 LOt 3 5000 0115 LOt , 5000 0115 Lot5 5000 0 115 Lot 6 5000 0115 LOt 7 5000 0 115 Lot 0 5000 0 1!5 Lot 9 5083 0 1!7 Northeast corner Sec Twp. 21N., ang 4E. W.M Found "×' in )' brass dlsc,~ Control sketch. LEGEND: ~~ Centre ................................ ' ......... NE-SE / ..... ~', ............... ............ 4. T21N, R4E, WM 'T' Surveying ....... 9803g ........ ~?~ ." ....... 2 ~ .... KING COUNTY, WASHINGTON : DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT Request for Final Plat Approval Tresden Place Final Plat Federal Way File No. 02-101104-00-SU I. Recommendation City of Federal Way staff has reviewed the final plat of Tresden Place for compliance with preliminary plat conditions and all applicable codes and policies, and recommends approval of the final plat application. II. Introduction Date: Request: Description: OwneF: Engineer: May 24, 2002 Request for final plat approval for the Tresden Place Subdivision. Tresden Place Subdivision is a proposed subdivision of forty-seven (47) single- family lots on 8.53 acres. Access for Tresden Place Subdivision is via Military Road South onto South 296~h and South 298th Streets. All required roads, sidewalks, storm drainage facilities, sewer lines, and water lines have been constructed, with limited exceptions. Due to areas of the site where excess cut material has been stock-piled for future use on the site, sidewalks, planters strips, street lights and street trees have not yet been installed adjacent to Lots 1 through 19. Additionally, landscaping associated with pedestrian Tract B has not been installed, again, due to additional grading which will be done during actual home construction. Finally, property corners at the rear of Lots I - 8 and 25 - 46 have not been installed due to the additionally grading which is required. Installation of these minor improvements is guaranteed by the applicant's performance bond which will not be released until the above indicated items are co~npleted. Pageantry Communities Bryan White 25400 - 7th Avenue South Kent, WA 98032 253.854.0415 Ti~nothy Holderman, P.E. Sound Engineering, Inc. 1019 Pacific Avenue, Suite 906 Tacoma, WA 98402 253.573.0040 Location: Sewage Disposal: The subject property is located at 29660 Military Road South, at the northeast corner of the intersection of Military Road South and South 298th Streets; in the Northeast quarter of the Southeast quarter of Section 4, Township 21 North, Range 4 East, W.M., in Federal Way, King County (Exhibit A - Vicinity Map). Lakehaven Utility District Water Supply: Fire District: School District: Report Prepared By: Lakehaven Utility District Federal Way Fire Department Federal Way School District David Graves, AICP, Contract Senior Planner III. History and Background The Tresden Place Subdivision is a proposed subdivision of forty-seven (47) single-family lots on 8.74 acres (Exhibit B -Final Plat Map). The Tresden Place Subdivision Preliminary Plat (Exhibit C- Preli~ninary Plat Map) was granted approval by the Federal Way City Council on September 19, 2000, per Resolution 00-322 (Exhibit D- Preliminary Plat Resolution). A proposed Resolution of the City of Federal Way, Washington, to approve the final plat of Tresden Place Subdivision is attached. Zoning for the 8.74 acre site is Residential Single Family (RS 5.0), with a minimum lot size of 5,000 square feet. Lot sizes on the final plat range from 5,000 square feet to 7,547 square feet, with the average size being approximately 5361 square feet. The developer applied for final plat approval on March 12, 2002. hnprovements required by Code are now substantially complete or financially guaranteed (Engineering Folder number 00- 103141-00EN). The final plat application was determined complete on May 24, 2002. Pursuant to RCW 58.17.110 aud Section 20-136 of the Federal Way City Code (FWCC), the City Council is charged with determining whether: 1) the proposed final plat conforms to all terms of the preliminary plat approval; 2) if the subdivision meets the requirements of all applicable state laws and local ordinances which were in effect at the time of preliminary plat approval; 3) if all taxes and assessments owing on the property have been paid; and 4) if all required improvements have been made or sufficient security has been accepted by the City. City of Federal Way staff has reviewed the final plat of Tresden Place Subdivision for compliance ~vith preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, environmcutal processes, and plat conditions have been met or financially Trcsdcn I'lacc I'ina} l'lat 02- I 01 104-00S[J ,";lall'Rcpol! I(¢qucsl for Final Iqat Approval Page 2 IV. secured as allowed by FWCC Section 20-135. Part of the construction of the required plat improvements includes the posting of a performance bond by the applicant in an amount eqnal to 120% of the cost of the improvements consistent with the provisions of FWCC 20-135. The requisite bond is in place. The majority of the required improvements with limited exceptions. Areas of the site encompassing Lots 1 through 19 contain excess cut material which has been stock-piled for future use on the site. As such, sidewalks, planters strips, street lights and street trees have not yet been installed adjacent to Lots 1 through 19. Additionally, landscaping associated with pedestrian Tract B has not been installed, again, due to additional grading which will be done on Lots 27, 28, 38 and 39 during actual ho~ne construction. Finally, property corners at the rear of Lots 1 - 8 and 25 - 46 have not been installed due to the additionally grading which is required for future home construction. Installation of these minor improvements is guaranteed by the applicant's performance bond which will not be released until the above indicated items are completed. Compliance with Preliminary Plat Conditions Tile following lists conditions of preliminary plat approval in tile same order referenced in Federal Way City Council Resolution 00-311. Required improvements have been completed or financially secured as allowed by FWCC Section 20-135. l) Prior to final plat recording, the applicant shall either obtain a right-of-way vacation from the City Federal Way to vacate the westerly portion of the existing South 298'h Street right-of-way, and execute an agreement to acquire the south half of such vacated right-of-way from the property owner to the south; or alternatively, the applicant shall eliminate Lots #47 and/or #48 as proposed. Staff Response: This condition is being met. The proposed vacation is progressing through tile approval process concurrently with the final plat application. The applicant has been unable to secure the rights to that portion of southerly half of South 298th Street to be vacated. As such, Lot 48 has been eliminated from the proposal; Lot 47 remains and includes the north half of that portion of South 298'h Street to be vacated. The Federal Way City Council adopted Resolution No. 00-333 on December 19, 2000 granting a petition to vacate that portion of South 298th Street associated with the Tresden Place Preliminary Plat. The adopted resolution provided that once the conditions contained within tile resolution snch as relocating tile utilities within tile existing right-of-way have been met, tile petitioner must submit the appropriate documentation for final approval and vacation by the Federal Way City Council. All the required documentation }las been submitted to the City and is being referred to the Land Use/Transportation Comlnittee for recommendation on June 3, 2002. A final decision on the requested vacation will be made by tile Federal Way City Council on June 18, 2002. 2) If any structures will remain on tile site, all applicable building and zoning nonconformances must be corrected to meet applicable codes, including structural setbacks from property lines; and in addition, sheds and/or other accessory buildings are not permitted as primary uses on single family residential lots. Sla././'Respouse: This condition has been met. All pre-existing structures have been removed from the site. I'rcsdcn Place Final PI:it 02-1011044~llNti .";tall'l~,cpo~l Request lbr I'inal I'lat Approval I'agc 3 3) 4) The applicant shall obtain the services of a qualified geotechnical engineer to review engineering design and specifications; be present on site during all land surface modification activities; verify subsurface conditions; inspect and conduct compaction tests for the roads, building lots, detention pond and retaining walls; ensure implementation of the recommendations in the 3/16/00 geotechnical report; and provide the city with any additional geotechnical recommendations for plat construction and future homes on the site, including revegetation of disturbed areas and lot drainage adjacent to the steep slope; subject to determination by the Directors of Community Development Services and Public Works. Staff Response: This condition has been met. Prior to final plat recording, the preliminary plat map shall be revised as follows: bo ho Notation that no driveways will be allowed to lots abutting Military Road, and all driveways must be set back a minimum distance of 25' from adjacent intersections; Revise plat road sections to include street lights, street trees, and 3" depth "Class B" asphalt concrete (in lieu of 2" as shown); per "Type U" cross-section; Notation that any fencing adjacent to Military Road right-of-way shall be located inside (east) of the required landscape buffer tract; Notation that no sight-obscuring fencing or landscaping will be permitted along lot lines abutting the internal pedestrian pathway; Relocate the retaining wall alongside Military Road South, out of the right-of- way; Language dedicating all public rights-of-way, the storm drainage tract, and the pedestrian pathway, to the City of Federal Way; Language dedicating the landscape buffer tract to the Homeowners within the plat; and establishing responsibility for ~naintenance of cul-de-sac landscaping with Homeowners; Drainage easement restrictions that structures, fill or obstructions (including but not limited to decks, patios, outbuildings, or overhangs) shall not be permitted beyond the building setback line or within drainage easements. Additionally, grading and construction of fencing shall not be allowed within drainage ease~nents shown on the plat map, unless otherwise approved by the City of Federal Way; and, Any geotechnical restrictions and conditions for future building development, pursuant to Condition//3, above. SlaffRespo~txe: This condition has been met. Plat Note I indicates that no direct access to or fi-om lots abutting Military Road, to Military Road, is allowed; and, all driveways must be set back a minimum distance of 25' from adjacent intersections; The plat road section includes street lights, street trees, aad 3" depth "Class B" asphalt concrete, per "Type U" cross-sectiou; Plat Note 6 indicates that any fencing adjacent to Military Road right-of-way shall be located inside (east)of the required landscape buffer tract; Plat Note 8 indicates that no sight-obscuring fencing or landscaping ~vill be permitted aloag lot lines abutting the internal pedestrian pathway; The retaining wall alongside Military Road South has been coustructed out of the Military road right-of-way; Language Trcsdcn I~lacc linal I'lat tl2- I(}1 I Stafl' Report - Request l'~r Final I~l:~ .,\ppro~ :,1 Page 4 dedicating all public rights-of-way, the storm drainage tract, and the pedestrian pathway to the City of Federal Way is included on the final plat; Plat Note 6 indicates that the landscape buffer tract (Tract C) is conveyed to the Homeowners Association within the plat and Plat Note 6 establishes responsibility for maintenance of cul-de-sac landscaping with the Homeowners Association; Plat Note 9 indicates that structures, fill or obstructions (including but not limited to decks, patios, outbuildings, or overhangs) are not permitted beyond the building setback line or within drainage easements and that grading and construction of fencing is not allowed within drainage easements shown on the plat map, unless otherwise approved by the City of Federal Way; and, Plat Notes 10 and 11 indicate geotechnical restrictions and conditions for future building development, pursuant to Condition//3, above. 5) Prior to issuance of construction permits, a final landscape plan, prepared by a licensed landscape architect, shall be submitted for review and approval by the Director of Co~nmunity Development Services, and shall include the following elements: Visual screening of all property boundaries of the detention tract (and fencing if applicable) from adjacent properties and the right-of-way; Street trees on the project side of Military Road, and both sides of South 298m Street and internal plat streets; Ten foot Type 111 landscape tract against Military Road; Vegetative screening of retaining walls; Cul-de-sac landscaping; Revegetation of disturbed slope areas (as recomtnended by the geotechnical engineer pursuant to Condition//3, above); Significant tree identification and replacement; and Type III landscaping in the area of Lots #47 and//48, if the existing right-of-way is not vacated pursuant to Condition # 1, above, resulting in eliminating these lots from the plat. Staff Response: This condition has been met. The landscape plan, prepared by Nature by Design, depicted required landscaping improvements for Tracts A, B and C, tree protection measures, and right-of-way planting. The landscaping has been installed and inspected with the exception of those areas where additional grading will be Undertaken as noted above. Installation of all required landscaping is assured by the performance bond in place. A two-year maintenance bond has been received. 6) Prior to final plat recording, the applicant shall pay the alternative fee-in-lieu of providing on site open space, as proposed and accepted, which fee shall be calculated on the basis of 15% of the most recent assessed valuation or MAI appraisal, at that time, subject to approval by the Directors of Parks and Commnnity Development Services. StqffRe.sT)onse: This condition has been met. Tile applicant is providing a limited amount of open space on site in tile form of Tract B, the pedestrian pathway and has opted to make an open space fee-in-lieu-of payment pursuant to FWCC Section 20-155 for the remaiuder of the required open space. Tract B is 4,856 square feet or 1.28% of the total plat area, thus the fee-in lieu payment will equal 13.72% of thc assessed value. The City of Federal Way PARCS Director bas reviewed the proposed combination and indicated that Tract B is acceptable as providing a portion of the open space on site aud the fee in lieu percentage is acceptable. Based on assessed I'rcsdcn Place Final Plat 02- I 01 104-00SI. J Slaff Report -- Request for Final t'lat Approval Page 5 land value of $380,000, and as approved by the Federal Way Parks Director, the applicant will make a payment based on 13.72 percent of the assessed value, which equals $52,174.00, to the City before the final plat will be recorded. The plat is within planning area G of the Parks, Open Space, and Recreation Comprehensive Plan. 'l'rcsdcn Place Final PIa! (}2- I 01104-(}1 }% [J Stall' l~,cpo~. - Request t~)r Final l~lat Approval Page 6 7) 8) Prior to issuance of construction permits, the applicant shall submit elevations and design descriptions of retaining walls and rockeries; showing that these are harmonious with existing adjoining residential uses and promote residential design themes through such means as terracing, orientation, natural material selection, use of vegetation, and textural treatment; for review and approval by the Directors of Community Development and Public Works. Staff Response: This condition has been met. Retaining Wall and rockery elevations and design description were submitted, reviewed, approved and installed (Engineering Folder number 00- 103141-00EN). Prior to issuance of construction permits, the applicant shall submit elevations and design descriptions of fences, where visible from rights-of-way or pedestrian areas, showing that these utilize natural materials and colors; and that fencing of the detention pond (if required by the KCSWDM) is vinyl coated in a dark color and screened by landscaping (pursuant to an approved landscape plan); for review and approval by the Directors of Community Development Services and Public Works. Staff Response: This condition has been met. Fence elevations m~d design description were submitted, reviewed, approved and installed (Engineering Folder number 00- 103141-00EN). go VI. SEPA 2. The City's SEPA Responsible Official issued a Determination of Nonsignificance, with no required mitigation measures, on May 20, 2000. There were no appeals of the decision and the initial Determination of Nonsignificance became final without modification Decisional Criteria Pursuant to FWCC Section 20-136, if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording: 1. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met, as the final plat is substantially representative of the preliminary plat and the conditions of preliminary plat have been met or financially guaranteed. The final plat is in conformity with applicable zoning ordinances or other land use controls. SlaffResponse: This criterion has been met and/or financially guaranteed. The plat meets the zoning standards for the RS 5.0 zoning district. As provided for in FWCC Section 20-135, performance and maintenance bonds are in place to guarantee the installation and maintenance of required plat improvements including frontage improvements, streets, and infrastructure. I'rcsdcn Place I mai Plat 02-101104-00StJ Staff Rcpor! Rcqucsl i'or Final Plat Approval Page 7 o That all conditions of the Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met as noted in Section IV above. That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but not limited to, the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. Staff Response: This criterion has been met. The final plat is consistent with applicable zoning and subdivision regulations, and ensures the public health, safety, and welfare is protected. The plat infrastructure has been installed and/or adequately bonded as discussed above, including safe walking route of travel; open space provided via a pedestrian tract and a fee-in-lieu-of obligation; drainage systems and water and sewer systems have been installed; and streets improved to the applicable City standards. That all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: This criterion has been met. All road and storm drainage improvements have been constructed or financially guaranteed. In addition, all water and sewer lines have been installed and approved by Lakehaven Utility District. As previously indicated, limited areas of sidewalk, planter strip, landscaping, street trees, street lighting and lot corners have yet to be installed due to site grading constraints. A performance bond in the amount of 120% of the cost of all plat improvements remains in place and will not be released until all required improvements have been completed (FWCC 20-135). The Public Works Department estimates that approximately five to ten (5 - 10) percent of the required improvements have yet to be installed. Since the performance bond exceeds the estimated cost of the outstanding improvements yet to be completed, adequate bonding is in place with the City. That all taxes and assessments owing on the property being subdivided have been paid. Staff Response: Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. VII. Conclusion Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for the Tresden Place Subdivision meets all platting requirements of RCW 58.17.110 and FWCC Sectiou 20-136. Landscaping and right-of-way improvement financial guarantees have been provided to assure completion of plat conditions. A recommendation of final plat approval is therefore being forwarded to the City Council for your approval. Trcsdcn Place Final [~lat 02- I 01 104-005U Staff Report - Request l'or Final Plat Approval Page 8 VIII. Exhibits Exhibit Exhibit Exhibit Exhibit D ~0 Vicinity Map for Tresden Place Subdivision 8½ x 11 Reduced Copy of Final Plat Map of Tresden Place Subdivision 11 x 17 Reduced Copy of Approved Preliminary Plat of Tresden Place Subdivision Resolution 00-322 - September 19, 2000, City of Federal Way Preliminary Plat Approval of Tresden Place Subdivision. I'resden Place Final I)l:~] 02-101 104-0~ l'4LJ Staff Report - Rcqucsl Ior Final l'lat Approval l'~l,~c 9 Z21 Image Map Page (~ Return to Zoning Index Page 1 of l Zoning Map 21 SE 04-21-04 - SE quarter of Kroll 703 S, ;3COTH ~;. W ,_,C~,,'O00 'ELEMENTARY RS7.2 RS936 Description of Zoning Designations Scale: 0 250 500 Feet TRESDEN PLACE PORTION OF THE NE 1/4 OF THE SE 1/4 OF SEC. 4, FEDERAL WAY, KING COUNTY, TWP. 21N., RNG. 4E. W.M. WASHINGTON DEDICATION: DESCRIPTION: The east half of the west half of the north 659.69 feet of the Northeast quarter of the Southeast ouarter of Section 4. Township 21 North. Range ~ East. N.M.. APPROVALS: DEPARTMENT OF COMMUNITY DEVELOPMENT: EXAMINED AND APPROVED THIS __DAY OF DIRECTOR OF COMMUNITY DEVELOPMENI KING COUNTY DEPARTMENT OF ASSESSMENTS: EXAMINED AND APPROVED THIS __DAY OF 200_ 200_ KING COUNTy ASSESSOR ACCOUNT NUMBER FEDEPAL WAy CITY COUNCIL: EXAMINED AND APPROVED THIS -- DAY OF MAYOR ATTEST: DEPUTY KING COUNTY ASSESSOR 200_ CITY CLERK DEPARTMENT OF PUOLIC WORKS: EXAMINED AND A°PROVE0 THIS -- gAY OF 230 _ ACKNOWI,EDG EMENTS: State of washington )SS COunty Of I certlfy that I know or have satisfactory evidence that 15 the person who appeared ~efore me. and said person acknowledged that (slhe signed this instrument, on oath stated (s)he was authorized to execute the instrument and acknow]edgeO it as the of to De the free apo voluntary act of such party for the uses apo purposes mentioned in the instrument Dated this __ day of ~ 2002 PUBLIC WORKS DIRECTOR FINANCE DIVISION CERTIFICATE: I nerePy certify that all oropertv taxes are paid. that there are nd delinquent special assessments cert~fieO to this office for collection and that all special assessments :ertlfled to this office for collection on any of the 3rop- erty herein contained, dedicated as streets, alleys or for any Other DuPlic use. are DaiO in full THIS __DAY OF _ 200_ FINANCE DIVISION MANAGER. FINANCE DIVISION Notary Pu8lic zn and for the State of washington DEPUTY RECORDING CERTIFICATE: State of WaShington ) Flied for record at the request of the Feoeral Nay City Council this __day of 200~ at __minutes past __~. and reaDs-dec ! certify that I knOW or have satisfactory e,loence that of to ~e the fffee and voluntary act .......... i XHIBIT Res ,~icg ...... Publ at ................ S ............ PAGE 2003 Su~eying SURVEYOR'S CERTIFICATE: ucon an actual surve¢ aaa that the courses and distances shown are shown correctly hereon That the E-SE 4, T21N, R4E, ~M [ TRESDEN PLACE A PORTION OF THE NE 1/4 OF THE SE 1/4 OF SEC. FEDERAL WAY, KING COUNTY, PLAT NOTES: 4, TWP. all WASHIN EASEMENTS & RNG. 4E. W.M. ;'TO N NOTES: EXHIBIT PAGE OF.....Ik._ An easement is nerePy re~ Energy. any telephone cot respective successors ant ingress/egress and utl!~i parallel w~th and !ors anO tracts, in Wh:Ch ?,alntaln unOer rounO anOthe nece~sary facilities ser¥~ng this suDOlvlslon telephone, cable, water a to enter upon the Jot~ at 1hese easements entered u restored as near as poss~ utility. NO lines or ~lre current, telephone. to De 01aced upon any lot or In conOuit attached to An easement 15 hereby irt Laken~ven UtiZ~ty D~$tric LOT ADDRESSE~ LOT NO. LOt LOt 3 Lot 4 Lot 5 LOt 6 LOt 7 Lot I1 LOt 13 Lot 17 Lot lg Lot 23 Lot 25 Lot 27 Lot Lot 30 Lot 31 Lot 33 LOt 34 Lot 37 :ESERVATIONS: mved for ~nd granteo to Puget Sound ~any. any Cable company and their assigns, under and upon the private , easements and the exterior I0 feet, ~g the puDl:c roa~ frontage of al! to install, construct, renew operate 29894 30thfeet Soutn 29B72 30th~reet South 29854 30tn:feet South 29840 30th:neet South 29792 30th:neet SouLn BUll. DING SETS ,CKS: Nl'] SI'; 4. 'I'21N, E.1['; ~illTl-iTi' 2 0i': .1 TRESDEN PLACE 10' easement A PORTION OF THE NE 1/4 OF THE SE 1/4 OF SEC. 4, TWP. 21N., RNG. 4E. W.M. FEDERAL WAY, KING COUNTY, WASHINGTON S00'25']~'W C30 24 South 296th Street 32 SCALE: 1" = 50' 29 / 25 '~% 27 28 \ loB.5o' ~oooo' 100.00' NB9'42'45-[ 104.84~ leo 00' oo ,~ Utilities' easement .... - seC'so South 298th Street LEGEND: ~ = Monument found as noted visited 7-22, 23 K 29, 1996 BASIS OF BEARING: lownshlD 21 North. Range a Cast NE SE 4, T21N, R4E, WM Pointe ':'":" .......... Surveying Pageantry Homes 25;00 74tI~ Avenue Soutll Kent w~ 98032 PAGE_ > OF KING COUNTY, ~SASHINGTON SlthlI']T (t ()F 4 TRESDEN PLACE A PORTION OF THE NE 1/4 FEDERAL WAY, OF THE SE 1/4 OF SEC. KING COUNTY, 4, TWP. 21N., RNG. WASHINGTON 4E. W.M. CURVE TABLE: CURVE ARC DELTA RADIUS CI 6535 19'49 41" 200.00 C2 34.80' 9'35'05' 20800 C3 45.54' 12'3242" 208 O0 C4 518' 17540 208 00' C5 2059 47'~147 2500 C6 57.93' 62'3715' 53,00' C7 28.91' 31'14'59' 53.00' Cfi 28.01' 30'16'35' 53,00' C9 54.62 ' 59 ~02 ' 37 ' 53, O0 ' 610 6.56 15 '02' 38"2500' Cll ld.03 32;09'10- 25.00' 612 20.32' 89'32'57" 13 00' C15 34.94 13'10'17" 152.00' C17 20.42' 90'00'00- 13.00' 620 63.25' 68'22'28'[ 5300 622 2500' 27'01'35' 5300 C23 1533' 19'49'10' 5300' C24 2503' 27'0335' 5300' C25 26.25 28'2226' 5300' C26 29 43 31"49'09 5300 C27 4140 44'4520' 5300' C2B 1339 30"41 18 2500 C29 7 20 16'30'29 2500' C39 2042 90'00'00' 13 00' C31 3934 10'2742 210 O0 C33 43 13 11'4600' 210 O0 C34 77.21 21;04'0t- 210 O0 C35 94 33' 36'01'47' 150 O0 636 19.91 49'3516' 2300' 637 12002 45'5041' 150 00' C36 203.01' 64'3708' 18000' C49 6230 1'3123 2344 Ol C41 1083 0'1558 233101 C42 59 54 1'2551 2344 01 E43 5019 1'1337 2344.01 C44 628 2'24'01 150 O0 C45 16 16 0'23'50 2331.01 £46 ~3 68 0'49 58 2331 O1 C47 39 47 10'46 06 210.00 carl 13037 49'47 48" 15000 LOT AREAS: Square FL. Acres LOt I 5058 0.116 Lat2 5000 0115 LOt 3 5000 0115 LOt 4 5000 0115 LOt 5 5000 0115 Lot 6 5000 0 115 LOt 7 5000 0 115 LCt 8 5000 0 1!5 LOt 9 5083 0.117 LOt 10 5302 0.122 LOt 13 5002 0 115 Control sketch not to scale I Southwest corner Sec 4. B§ ? 29 LEGEND: EXHIBIT PAG£ OF_ PLAT ROAD SECTION TRESDEN PLACE PRELIMINARY PLAT A PORTION OF THE NE 1/4 OF SE 1/4 OF SEC. 4, TWP. 21N., RGE 4 E., W.M. KING COUNTY, VICINITY I, IAP ~ STATISTI~ P RESOLUTION NO. 00-322 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELI1MINARY PLAT OF TRESDEN PLACE, FEDERAL WAY FILE NO. 99-103384-00-SU. WItEREAS, the applicant Richard Butko, Butko Construction Company, applied to the City of' Federal Way for preliminary plat approval to subdivide certain real prope~%, known as Tresden Place and consisting of 8.53 acres into forty-eight (48) single family residential lots located on the not-theast comer of Military Road South and South 295°~ Street; and WI tEREAS, on May 20, 2000, an Environmental Determination o£Nonsignificance 03NS) was issued by tile Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act, RCW 43.21C, and no one appealed tile DNS; and WHEREAS, the Federal Way Land Use Hearing Examiner held a public hearing on July 18, 2000 concerning the preliminary plat of Tresden Place; and WHEREAS, following tile conclusion of said hearing, on August 2, 2000, tile Federal Way Land Use Hearing L:xaminer issued a written Report and Recommendation containing findings, approval of tile prelimin.a%, plat of Tresden Place s,~:!,iect to conclusions and recommending conditions set tbrth therein; and Rcs I/_0_0-3221'agc 1 EXHiBIT___ -- PAGE t .OF OR! WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of the Federal Way City Code to approve, deny or modify a preliminary plat and/or its conditions; and WHEREAS, on September 5, 2000, the City Council considered the written record and the Recommendation of the Hearing Examiner, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAl, WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Land Use Hearing Examiner's Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding shall be treated as such. 2. Based on, rater alia, the analysis and conclusions in the StaffReport and Heating Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potabie water supplies, sanitary waste, parks and recreation, play grounds, and schools and schools as arc required by City Code or are necessary and appropriate, and provides for sidewalks and other plamfing rearm-es to assure safe walking conditions for students who walk to and from school. heFeil/ 3. The public use and interest will be served by the t)rdiminar5~ plat approval granted /30-322, Page 2 Section 2. Application Approval. Based upon the recommendation of the Federal Way Land Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the preliminary plat of Tresden Place, Federal Way File No. 99-103381-00-SU, is hereby approved, subject to conditions as contained in the Recommendation of the Federal Way Land Use Hearing Examiner dated August 2, 2000 (Exhibit A). Section 3. Conditions 0fAp~proval Inte rgrgll. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review thc impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules and regulations, and forward such recommendation to the City Council for further action. Section 4. Severabilitv. If'any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase o£tbis resolution. t30-322 Page 3 EXHi T PAGE Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective irnrnediately upon passage by the Federal Way City Council. RESOLVED BY TltE CITY COUNCEL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS 19 DAY OF Segli.~mhor ,2000. CITY OF FEDERAL WAY CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: 1N~'~k~{ CITY A't'TOm'~EY, ~OBERT ~, STE~A~r~ FILED WITH TIlE CFFY CLERK: 09/t3/oo PASSED BY THE CITY COUNCIL: 09/19/00 RESOLUTION NO. 00-322 EXHIB. IN THE MA'I-rER OF: PRELIMINARY PLAT OF TRESDEN PLACE PROCESS IV CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER ) ) ) FWHE# 00-11 ) 99-103381-00-SU ) Related #99-103384-SE ) ) I. SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval of a forty-eight (48) lot single family residential subdivision of 8.53 acres, pursuant to Federal Way City Code (FWCC) Chapter 20, Subdivisions, Div. 6, Preliminary Plat. II. PROCEDURAL INFORMATION Hearing Date: July 18, 2000 Decision Date: August 2, 2000 At the hearing the following presented testimony and evidence: 1. Lori Michaelson, Senior Planner, City of Federal Way 2. Michael Knapp, Sound Engineering, Inc., 1019 Pacific Avenue, Suite 906, Tacoma, WA 98402 3. Jack Hendrickson, 21246 15t~ Ave. S., Des Moines, WA 98198 4. Tim Holderman, Sound Engineering, Inc., 1019 Pacific Avenue, Suite 906, Tacoma, WA 98402 5. Bill Crow, 14109 Marian Street, Enumclaw, WA 98022 At the hearing the following exhibits were admitted as part of the official record of these proceedings: Staff Report with all attachments Amendment to Staff Recommendation #1 EXH ! PAGE__ __OF 3. Letter from Michael Knapp to Examiner dated July 18, 2000 I!1. FINDINGS The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. o All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). The applicant has a possessory ownership interest in two adjoining, basically rectangular shaped parcels of property consisting of 8.53 acres abutting the east side of Military Road South within the City of Federal Way. The parcels' are presently improved with an abandoned single family residential dwelling, two small detached sheds, and fencing. The applicant requests preliminary plat approval to allow removal of existing improvements and subdivision of the site into 48 single family residential lots. The south property line abuts S. 298th St., the west leg of which the applicant will relocate to eliminate its off-set intersection with Military Road. Proposed lots 47 and 48 are contingent upon the City Council's vacation of the present 298t~ St. right-of-way following relocation, and an agreement with the abutting property owner to the south. The site is within the northeast portion of the City at the northeast corner of the intersection of Military Road South and S. 298~ St. and approximately 125 feet west of Interstate - 5. The plat map shows a looped plat road system with one access near the northwest corner onto Military Road South and a second access extending north from S. 298~h St. near the east property line. A .55 acre storm drainage tract is located at the northeast corner of the site. South 298th St. presently extends east from Military Road South at an approximate 100 foot offset to the south from 298th on the west side of Military Road. The plat map shows that the applicant will align the east leg with the west leg, and that the west leg will return to its present right-of-way approximately 450 feet east of Military Road. Thus, parcels to the east using S. 298th St. for access will not be impacted. The site is located within the RS-5.0 zone classification which authorizes single family residential dwellings on minimum lot sizes of 5,000 square feet, and which requires front yard setbacks of 20 feet and side and rear yard setbacks of five feet. The plat shows a minimum lot size of 5,000 square feet, a maximum lot size of 2 EXHIBIT .. PAGE_ __0F 10. 11. 12. 7,565 square feet, and that all required setbacks can be met. The parcel abutting the north property line is within the RM-3,6QC, Multi-Family zor~e classification and improved with a mobile home park. The abuttir'~:_ i :parcel to the ea~',~: is located within the RS-5.0 zone classification and improved ,,~,~th the Steel Lake Grange. Parcels to the south and southwest are within the RS-9.'~, and RS-7.2 zone classifications and improved with single family residential dwellir~'r~s. Parcels to the north and northwest are within the RS-9.6 and RS-5.0 zone clas~-fifications and also improved with single family residential dwellings. The prbpos~ -~r a single famii'v residential subdivision on 5,000 square foot minimum lot sizes %onforms with the zoning and is compatible with existing and future uses in the a~; as contemplatec by the Federal Way Comprehensive Plan and the Federal Way ,~-------1W Code (FWCC-,. Most of the site has significant grade changes which will nec~sitate substantia~ grading. Slopes range between 5% and 10% with the exceptic~7 of a 100% slope located eight to 15 feet north of the north property line. This slc:z:~ ranges from t 2 to 32 feet in height and was artificially created by grading for the --nobile home park_ The applicant commissioned a geotechnical engineering study b~ ~--:~arth Consultar'r~ which was submitted March 16, 2000. The study determined th~: ..-the slope is stabte in its present condition and configuration and consists of very d~'~._.se glacial till soils_ Site preparation will include grading 75% of the parcel and c~:~ructing retaining walls varying between two and six feet in height along Military ~d. Conditions cf approval require a supplemental geotechnical analysis to r-~-~_view final design specifications, observe land surface modification activities, .v,3rify subsurfa0~- conditions, monitor construction activities, and ensure corr-EDliance with the recommendations contained in the present geotechnical repo~ On-site vegetation consists of domestic shrubs and grasses with a variety cf deciduous and evergreen trees. Approximately 50% of the exis~FT~ significant trees outside of proposed rights-of-way and the storm water detentior-- :pond tract will be eliminated, and the applicant proposes replacement trees alom:~:_ the western ant northern perimeters. A condition of approval requires a final larrr-?-.~cape plan whic.-- will meet the requirements of the significant tree ordinance. The site supports no threatened or endangered plant or animal s--~==zcifies, but is lik~,, limited to small birds and animals. Retention of trees and vegeta~:)n where possible and installation of landscaping will help mitigate the loss of habit's-. :. No wetlands cr streams are located on the site and the only critical area is the ._~::F~_~ep slope eight tc 15 feet off-site to the north. The applicant has designed the plat to provide internal pec:~:~trian circulatioc Improvements will ensure safe access by school aged children 7cz, both internal ar:c: adjacent school bus stops. The plat map shows a mid blo~,, non-motorizec. EXHIBIT PAGE pedestrian/bicycle pathway between a cul-de-sac in the west-central portion of the site and the mid point of the internal plat road extending north from S. 298t~ St. The path will have a paved width of 12 feet and be located within a 20 foot wide tract. Design requirements include pedestrian scale lighting and no sight obscuring fencing or landscaping on abutting lots. 13. The applicant has submitted a preliminary landscape plan which shows street trees in planter strips along the east side of Military Road, both sides of S. 298th St., both sides of internal plat roads, and within the cul-de-sac. The a'pplicant will also provide a minimum ten foot wide Type Ill landscape strip along Military Road in a separate tract to be maintained and owned by homeowners. The storm detention tract must also be screened from adjacent streets and residences. The significant tree replacement plan will also be reviewed and approved with the landscape plan. Conditions of approval require a final landscape plan depicting all required landscaping elements. 14. The City Subdivision Code requires the applicant to provide open space in the amount of 15% of the gross land area of the parcels, or as an option (which the applicant has requested), the applicant may pay a fee in lieu of providing the on-site open space. The Parks Director has accepted the fee as requested. 15. Right-of-way improvements to Military Road will include pavement widening, tapers, curb and gutter, street trees in a planter strip, streetlights, an eight feet wide sidewalk, and a utility strip all constructed within the right-of-way width of 39 feet as -' measured from the centerline. The applicant will also construct a southbound left turn lane in Military Road with a storage length of 50 feet at the 298th/Military Road intersection. As previously found, the applicant will also correct the existing hazardous offset intersection. The applicant will overlay existing concrete over the full width of Military Road for the length of the project frontage including tapers to ensure a safe and consistent road section. Improvements to S. 298th St. and internal plat roads will include a 32 foot pavement width, five foot wide sidewalks, four foot wide planter strip, and streetlights within a 56 foot wide right-of-way. 16. The Federal Way School District will bus elementary and junior high school students from bus stops within the proposed subdivision and high school students from a bus stop on Military Road just outside the plat. The sidewalk system will provide safe routes for students walking to bus stops. The applicant must also comply with the City School Impact Fee Ordinance and make a per lot payment to offset the impacts on the district of school aged children residing within the plat. 17. The applicant will pay an optional fee in lieu of providing an on-site recreational open space which the City will utilize to improve recreational opportunities within the planning area of the site. Steel Lake Park is located approximately one mile EXHIBIT-------- southwest of the site. 18. Lake Haven Utility District will provide sanitary sewers, domestic water, and fire flow to the site. 19. Abutting property owners raised concerns regarding the impact of storm water runoff. The applicant must design and construct storm drainage facilities in accordance with the requirements of the 1998 King County Surface Water Design Manual and the City's amendments thereto. The storm'water plans propose to collect and convey storm water to a combination water quality/detention pond at the northwest corner of the site. The pond will then discharge storm water at a metered rate to the existing City drainage ditch on Military Road. The applicant's grading plan will assure that all storm water is directed to the storm drainage pond, with the exception of the runoff from the S. 298th St. pavement near the southeast corner of the site which will continue to flow to the ditch along Interstate-5. 20. Prior to obtaining preliminary plat approval the applicant must establish that the request satisfies the criteria set forth in Section 20-126(c) FWCC. Findings on each criteria are hereby made as follows: The proposed preliminary plat is consistent with the Federal Way Comprehensive Plan adopted December, 1998, which designates the property as Single Family-High Density. Developing the site with minimum 5,000 square foot lot sizes is consistent with density allowances and policies.'- The preliminary plat complies with all applicable provisions of the FWCC including those adopted by reference. The plat must comply with all FWCC provisions to include those set forth in Chapter 18, Environmental Policy; Chapter 20, Subdivisions; and Chapter 22, Zoning. C. The preliminary plat is consistent with the public health, safety, and welfare. The project complies with the design criteria set forth in Section 20-2 FWCC. It promotes the effective use of !and by proposing a development in compliance with both the comprehensive plan and zoning. The proposed plat avoids congestion and promotes safe and convenient travel on City streets by providing significant street improvements along Militaw Road to include a left turn lane and alignment of the east and west legs of S. 298''~ Street. Adequate air and light are addressed by meeting all setbacks, and water and sewage will be provided by the Lake Haven Utility District. The project complies with FWCC Sections 20-151 through 20-157 which set forth subdivision design standards, and Sections 20-178 through 20-',J~ PAGE F- FWCC which set forth required infrastructure improvements to include water, sewage, storm drainage, street lighting, streets, and landscaping. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: The Hearing Examiner has jurisdiction to consider and make recommendations to the City Council on the issues presented by this request. Section 20-110 FWCC requires the Examiner to review a preliminary plat for compliance with applicable sections of the FWCC and RCW 58.17 at a public hearing and issue a written recommendation to the City Council which then makes the final decision. The applicant has established that the request for preliminary plat approval of Tresden Place is consistent with the Single Family High Density designation of the Federal Way Comprehensive Plan and satisfies all bulk requirements of the RS-5 zone classification of the Federal Way City Code. The applicant has also established that the request satisfies all criteria set forth in Section 20-126(c) FWCC, the design Criteria listed in Section 20-2 FWCC, and the development standards listed in Sections 20-151 through 20-157 FWCC and in Sections 20-178 through 20-187 FWCC. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary waste, transit stops, parks, playgrounds, schools and School grounds, sidewalks, and other planning features that assure safe walking conditions for students. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision in a mixed use area of the City while at the same time correcting existing road deficiencies. The Federal Way City Council should approve the proposed preliminary plat subject to the following conditions: .vacat~oll [p[l}.tltr. (.I,y o, [ c(.k.~a, ~¢,.:~ to v,:c, ,.. thc wo.,tcdy oAion oft ~ ,~:extstlna:~,South :,298 :~.:Street .nght-of:wav,.,,and execute an ,aareement..~ ~cqulre t~:~u{h h~lf of such vacated r aht-of-way from tile pro~ed~gwnerl Lo ~h2~'SOutfi', or.alternatively, the applicant Sh~ll ~limin~tS'l'0~t~";~7'g'h'd/6f; ¢ EXHIBIT If any structures will remain on the site, all applicable building and zoning nonconformances must be corrected to meet applicable codes, including structural setbacks from property lines; and in addition, sheds and/or other accessory buildings are not permitted as primary uses on single family residential lots. The applicant shall obtain the services of a qualified geotechnical engineer to review engineering design and specifications; be present on site during all land surface modification activities; verify subsurface conditions; inspect and conduct compaction tests for the roads, building lots, detention pond and retaining walls; ensure implementation of the recommendations in the 3/16/00 geotechnical report; and provide the city with any additional geotechnical recommendations for plat construction and future homes on the site, including revegetation of disturbed areas and lot drainage adjacent to the steep slope; subject to determination by the Directors of Community Development Services and Public Works. Prior to final plat recording, the preliminary plat map shall be revised as follows: Notation that no driveways will be allowed to lots abutting Military Road, and all driveways must be set back a minimum distance of 25 feet from adjacent intersections. Revise plat road sections to include street lights, street trees, and 3" depth "Class B" asphalt concrete (in lieu of 2" as shown); per "Type U" cross-section; Notation that any fencing adjacent to Military Road right-of-way shall be located inside (east) of the required landscape buffer tract; Notation that no sight-obscuring fencing or landscaping will be permitted along lot lines abutting the internal pedestrian pathway; Relocate the retaining wall alongside Military Road South, out of the right-of-way; Language dedicatinc~ all public rights-o.f-way, the storm drainage tract, and the pedestrian pathway, to the City of Federal Way; C~wanguage dedicating the landscape buffe.r, tract to tt.~e Homeowners de-sac landscaping with Homeowners; Drainage easement restrictions that structures, fill or obstructions (including but not limited to decks, patios, outbuildings, or overhangs) shall not be permitted beyond the building setback line or within drainage easements. Additionally, grading and construction of fencing shall not be allowed within drainage easements shown on the plat map, unless otherwise approved by the City of Federal Way; Any geotechnical restrictions and conditions for future building V~5 development, pursuant to Condition #3, above. · Prior to issuance of construction permits, a final landscape plan, prepared by a licensed landscape architect, shall be submitted for review and approval by the Director of Community Development Services, and shall include the following elements: Ao Visual screening of all property boundaries of the detention tract (and fencing if applicable) from adjacent properties and the right-of-way; Bo Street trees on the project side of Military Road, and both sides of South 298th Street and internal plat streets; C. Ten foot Type III landscape tract against Military Road; D. Vegetative screening of retaining walls; E. Cul-de-sac landscaping; Revegetation of disturbed slope areas (as recommended by the geotechnical engineer pursuant to Condition #3, above); G. Significant tree identification and replacement; and Ho Type Ill landscaping in the area of Lots #47 and #48, if the existing right-of-way is not vacated pursuant to Condition #1, above, resulting in eliminating these lots from the plat. .the applicant ' 'acceD ,,~~~~%~ 5% of the most recent, assessed , EXHIBIT ¢ PAGE. _OF Prior to issuance of construction permits, the applicant shall submit elevations and design descriptions of retaining walls and rockeries; showing that these are harmonious with existing adjoining residential uses and promote residential design themes through such means as terracing, orientation, natural material selection, use of vegetation, and textural treatment; for review and approval by the Directors of Community Development and Public Works. Prior to issuance of construction permits, the applicant shall submit elevations and design descriptions of fences, where visible from rights-of- way or pedestrian areas, showing that these utilize natural materials and colors; and that'fencing of the detention pond (if required by the KCSWDM) is vinyl coated in a dark color and screened by landscaping (pursuant to an approved landscape plan); for review and approval by the Directors of Community Development Services and PublicWorks. RECOMMENDATION: DATED THIS TRANSMI-I-I-ED THIS It is hereby recommended that the Federal Way City Council approve the preliminary plat of Tresden Place subject to the conditions contained in the conclusions above. p"-- DAY OF August, 2000. Hearing Examiner ~2~.f~ DAY OF August, 2000, to the following: APPLICANT(S): Richard Butko Butko Construction Co. P.O. Box 3266 Federal Way, WA 98063 Michael Knapp Sound Engineering, Inc. 1019 Pacific Avenue, Ste. 906 Tacoma, WA 98402 EXHIBIT EXHIBIT D RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF TRESDEN PLACE, FEDERAL WAY FILE NO. 02-101104-00SU. Whereas, the preliminary plat of Tresden Place, City of Federal Way File No. 99-103384-00SU, was approved subject to conditions on September 19, 2001 by Federal Way Resolution No. 00-322; and Whereas, the applicant has satisfied all of the conditions set forth in Resolution No. 00-322 and in the August 2, 2000, Recommendation of the Federal Way Hearing Examiner; and Whereas, the applicant submitted the application for final plat for Tresden Place within the required time of receiving approval for the above-referenced preliminary plat; and Whereas, the City of Federal Way's Department of Community Development Services and Public Works Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval and the Federal Way Hearing Examiner, and their analysis and conclusions are set forth in the May 24, 2002, Staff Report; and Whereas, the City Council Land Use/Transportation Committee considered the application for the Tresden Place final plat at its June 3, 2002, meeting and recommended approval by the full City Council; and Whereas, the City Council reviewed and considered the Staff Report and the application for final plat of Tresden Place during the Council's June 18, 2002, meeting; Now therefore, the City Council of the City of Federal Way hereby resolves as follows: Section 1. Findings and Conclusions. 1. The final plat for Tresden Place, City of Federal Way File No. 02-101t04-00SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. EXHIBI 2. Based on inter alia, the analysis and conclusions in the Staff Report which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, play grounds, and schools and school grounds as are required by City Code or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who only walk to and from school. 3. An Environmental Determination of Nonsignificance (DNS) was issued for the proposed action on May 20, 2000. No comments or appeals were received prior to the established deadlines of June 5, 2000, and June 19, 2000, respectively, and the initial determination became final without modification. 4. The public use and interest will be served by the final plat approval granted herein. 5. All conditions as listed in the Federal Way Resolution No. 00-322, and the conditions in the August 2, 2000, Recommendation of the City of Federal Way Hearing Examiner, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code Section 20-135. 6. All required improvements have been made and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guaranty for completion and maintenance of all required plat improvements, as identified in the May 21, 2002, Staff Report. 7. All taxes and assessments owing on the property being subdivided have been paid, or will be paid prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section 1 above, the final plat of Tresden Place, City of Federal Way File No 02-101104-00SU, is approved subject to satisfaction of the maintenance conditions identified in the staff report and as required by applicable Res. # , Page 2 EXHIBIT?-. PAGE _OF_ codes and policies. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the King County Department of Records. The applicant shall pay all recording fees. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitUtionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Resolved by the City Council of the City of Federal Way, Washington, this ., 2002. day of City of Federal Way Mayor, Jeanne Burbidge Attest: City Clerk, N. Christine Green, CMC Approved as to Form: City Attorney, Bob C. Sterbank Res. # , Page 3 EXHIBIT PAGE Filed with the City Clerk: Passed by the City Council: Resolution No: Res. # Page 4 EXHIBIT DATE.'. June 3, 2002 TO: FROM: VIA: SUBJECT: Eric Faison, Chair l,and Use and Transportation (;ommiuee Paul Bucich, Surface Water Management Manager ';-"~'a ~- '<'- David H. o;~Sg~, ~anager Surface Water Infrastructure Cleaning and Vacuum/Jet Rodding Service Contract- Bid Awe rd BACKGROUND Surface Water Management (SWM) Division contracts for all vactor and jet-rodding services. Tile last time SWM solicited bids for this service xvas in 1998. Due to this factor, the Utility has advertised once again for these services. Eight (8) bids were received and opened on May 3. 2002 for tile Surface Water Infrastructure Cleaning and Vacuum/Jet Rodding Service "On~Call" Contract. RFB #02-104 (see attached Bid TabulatignSulmnary). The Ioxx est bidder is Action Services Corporation with a total bid of $103,500.00. Action Services was a prior comrac'tor to the City fei' this service from 1992 to 1997. Reference checks on May 8"'. 2002, by City staff indicate that the contractor is qualified to complete tile work detailed in tile RFB. As a resuh. City staff believe Action Services Co,'poration can successfully execute tile rcquircumnts of this contracl to tile City's satisfaction. Therefore the loxvest responsive, responsible bidder is Action Services Corpor;uion in thc amount of $103.500.00. AVAILABLI~ FUNI)ING The approved budget lbr the Surface Water Utilitx allocates $ t 68,500.00 fei' this service in 2002. To dale. $2%994.04 has been expended with tile prior contraclor leaving a balance ors 138.505.96 fei' tile remainderof2002. This exceeds the bid amounl of$103.500.00 by approximately $35,000.00. Tile contract will covet' tile remainder ot'2002 with thc option lo extend through 2003 at tile City's discretion. I~, F~C () M MEN I)AT ION Staff recommends placing the following items on the ,lune 18, 2002 Council consent agenda for approval: Axxard tile project to Action Services Corporaliom tile lowest i'esponsive, responsible bidder in thc amount of $103.500.00. /\uthori×c the Git,, Nlanaocr to execute thc contract. APPROVAL OF COMMITTEE REPOI:CF: Eric Faisou, Chair l)can McColga n, Member Michael Park, Metal)er Bid Tabulation "RFB 02-104" BID OPENING May 3,2002 Surface Water Infrastructure Cleaning and Vacuum/Jet Roddl~ Service Bid 1 Bid 2 Bid 3 Bid 4 Bid 5 Bid 6 Bid 7 Bid 8 Vendor Name --> Action Services Co~p. '4orthwest Cascade, Inc. Sravo Environmental Services Everson'a EconoVacMcDonough & Sons, Inc. ~)lsofl Brothers Pro-Vac Fentilatlon Power Cleaning Evergreen Sanitation , , Location ----> Bremedon~ WA 3uyallupf WA Kenmore~ WA Sunlner~ WA Ravensdale WA 3uyallup~ WA Seatlle~ WA .aka Steven~ Item Amount Pdce Total ~dce Total Pdce Total Pdce Total Pdce Total 3dca Total 3dca Total ~dce Total Type I Storm Drain Structure Cleaned {aa) 3,00( $8.0( $24,0DO.0C $8.50 $25,500 00 $12.00 $36,000.00 $2t.50 $64,500.0( $15.86 $47,580.00 $17.96 $53,880.00 $24,0( $72,000.00 $70.79 $212,370.00 Type II Storm Drain Structure Cleaned (aa) 60( $19.0( $11,400.00 $1925 $11,550.001$50.00 $30,0DO.00$27.50 $16,500.0($46,.26 $27,756.00 $35.36 $21,216.00 $72.0(: $43,2DO.00$103.46 $62,076.DO Cleaning Storm Lthe and Culvert (per hr) 20( $7900 $15,8DO.0(~$79.98 $15,996,00 $150,00 $30,DOO,DO$125.00 $25,000.0($138.79 $27,758.00 $119.68$23,938.00 $132.0( $26.4DO.00$163,35 $32,870.00 Cleaning Underground RID Facility (per hr) 5C $79.0( $3,950.00 $79.98 $3,999.00; $150.00 $7,500.00 $125.00 $6,250,0( $138.7[ $6,939.50 $119.68$§,984.00 $144.0( $7,2DO.0~ $195.66 $9,783.00 Emergency/Special Service Cleaning (per hr) 15( $79.0( $11,850,0~ $79.98 $11,997.0( $180.00 $27,000.00$125.00 $18,750.0($138.7~ $20,818.50 $136.00'$20,400.00$144.0( $21,600.00$163.35 $24,502.50 Disposal of Vacuumed Solids (per ton) 50( $43.0( $21,500.00 $38.50 $19,250.0( $47.00 $23,50000 $43.00 $21,500.0($48.0( $24,000.00 $48.96 $24,480,00 $55.0( $27,500.00$54.45 $27,225.00 Disposal ct Lic~uld Decant {per ga[)t 50.0~ $0 1( $15,DO0 0~ $0 11 $15,7500( $0.03 $3,750 DO $0.05~ $7,500 0( $00~ $6,000.DO $0.22 $33,000.00 $0.1~ $22,500.00$0.13 $19.500.00 SUBTOTAL $103,500,00 $104,042.00 $157,750.00 I $160,000.0( $160,852.DO $182,896.00 $220,400.00 $388,126.50 ~ales Tax (~ 8 8% Tax Incl. in Bid Tax Incl. in B d Tax IncL in BidI [Tax Incl. in Bin Tax Incl. in Bid Tax Incl. In Bid /'ax Incl. in BidTax Incl. tn Bi( TOTAL $103,500.00 , $104,042.001 S157,750.001 ~ $160,000.00[ [ -- $160,852.00 ~182 896.0? $220,400.90 .$38S,126.50 8~d Signature signed signed signed signed signed signed signed , signed Atlaq~ment B Bi~ Bond yes ..... yes yes yes yes y~ yes Y¢~ Attac~rnont C Si~ned & Nolorized yes yes yes yes yes .... Yes yes yes Altachment D SiBned yes ye~ yes yes yes Yes Yes N(~ Addendums Akno~ed~ed yes yes yes yes ¥e$ ye~ yes Ye~ CITY OF~ DA TE: TO: FROM: VIA: RE: June 3,200t Eric Faison, Chair Land Use/Transportation Committee Rick Perez, Traffic Engineer David H. M6 ager Transportation Improventent Platt (TIP) attd Arterial Street Improvement Platt (AS/P) BACKGROUND In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of' Washington (RCW), the City of Federal Way adopted its original Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) on July 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis that reflects the City's current and future street 'and arterial needs. The City is required to hold a minimum of' one public hearing on the revised plans, which is proposed for the July 2, 2002 City Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washil~gton State Secretary of Transportation and the Washington State Transportation Improvement Board. The attached Resolution sets the public hearing date f`or the July 2, 2002 City Council meeting. The TIP will be presented to the Land Use Transportation Committee on the June 17, 2002. RECOMMENDATION Staff is requesting the Committee forward to the City Council a recommendation to authorize scheduling a public hearing for the .luly 2. 2002 City Council meeting for thc review and adoption of` the 2003-2008 TiP and ASIP. APPROVAL OF COMMITTEE REPORT: Eric Faison, (?hair Mike Park, Member l)can McColgan, Member RP:dl /\tlltchlllCl{l', RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, SETTING A PUBLIC HEARING DATE OF TUESDAY, JULY 2, 2002 FOR ADOPTION OF A REVISED SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM AND ARTERIAL STREET IMPROVEMENT PLAN. WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the City Council of the City of Federal Way must adopt a revised and extended Six-year Transportation Improvement Program ("TIP") and Arterial Street Improvement Plan ("ASIP") annually; and WHEREAS, a public hearing must be held prior to the adoption of the revised and extended Six-year Transportation Improvement Program and the Arterial Street hnprovcment Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Public Hearing. A public hearing shall be held on the 2003-2008 Federal Way Transportation Improvement Plan and Arterial Street Improvement Plan at 7:00 p.m. on Tuesday, July 2, 2002, at the Federal Way City Hall Council Chambers. Section 2. Sevcrabilit¥. IF any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of thc resolution. Section 3. Ratification. Any act consistent witla thc authority and prior to the effective date of thc resolution is hereby ratified and affirmed. Section 4. passage by the Federal Way City Council. RESOLVED BY THE CITY WASHINGTON, this day of Effective Date. This resolution shall be effective immediately upon COUNCIL OF THE CITY OF FEDERAL WAY, .,2002. CITY OF FEDERAL WAY ATTEST: MAYOR, JEANNE BURBIDGE CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: BOB C. STERBANK, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. DATE: TO: VIA: FROM: · SUBJECT: June 3, 2002 Land Use & Transportation Connmittce David Mo.sele~,i ..cit5~ Manager ~. Derek Matheson, Assistant City Mariau'ef ,-..3, Sex Predator Siting Legislation Backgrotmd The 2002 State LegistatureadoptcdandGovcmorGary l~ockc signed Scm~tc Bill 6594. Thc bill implements legislation fi'om last yom' that requires each coantx to take its fair shan't of "sccul'c COlllmUllity transition facilities" for sex predators. At iwcsent, many of these el'fender's come from King County and other counties but all are housed in Pierce Count\. The bill ~ives counties and cities until Scptelni3c~ ~. 20(32 ~.t) aciopt xonin,,_ ~,)c' : siting these facilitie~ within their m'isdio c ,,~ Lou~t~cs :.mol c~tics that cio m~t processes will be "preempted" b3 the state l-h,s mcan~ ti~at if mc state i)cpat'tmcnt o '%t cial and Health Services wants to site a ihcility in than iLU'isdict~(:~-, it xxi!i manage thc ~itin~ to its own guidelines. It is iaiglaiy Iii, ely that DSHS xx ~!i ~tc thc i~'st 5(71 l: somcxx, hcrc in King County Both the planning option and thc preemptioi: optio~a offer b. ct'.,cl~is and ch'axx bacl<s, all o1' xx hich afc discussed in the attached comparative analysis Staff i~a~ concluded that adopting om- oxx ~ siting criteria is the best way to protect the commtmit,, !0eca~se it atlo~x s thc city to establish the zones. setbacks, and procedural requirements for 'SC !'1~5 !i,~v. cxct-, thc iwoccss el establishing those/.o:~c~. setbacks, and procedural requirements is ccrtai~ ti, 0c ~: ct)~qtcIlilOtlS al!d difficult one lbr thc Citx Council. ~uestion Staff is seeking direction from thc Citx L~ou~ac~i ,2t: ,,. I-:,zti'.,cl' to bc14in drafting amendments to establish a sex predate,' sit~ng i,~,ccss ,:,, .,x i~cthct' t,~ lake i~t) tlciit~ll Memorandum to LUTC Sex Predator Siting Legislation June 3, 2002 Page 2 Attachments · Federal Way staffanalysis of planning vs. preemption · DSHS press release on SCTF siting guidelines · DSHS presentation on SCTFs · DSHS frequently asked questions Options 1. Direct staffto initiate the necessary zoning code amendments to establish a sex predator siting process in Federal Way. 2. Take no action to establish a siting process and thus allow DSHS to site any £acilities pursuam to its own guidelines. Recommendation Staff recommends that the committee place this item on the June 18 City Council agenda with a recommendation that staff initiate the necessary zoning code amendments to establish a sex predator siting process. APPROVAL OF coMMITTEE REPORT: Committee Chair Committee Member Committee Member PLANNING VS. PREEMPTION UNDER SENATE BILL 6594 Secure Community Transition Facilities for Sexual Predators Prepared 4/I/02 _Wily a city should adopt plans for siting transition facilities Local Control & Neighbo,'hood Protection - Planning gives a city greater control over siting of facilities and the ability to protect residential, etc., areas. Procedural Protection - Planning allows a city to create extensive review procedures to the protect public interest (unless more extensive ,'eviews would be null and void - see other column). Permanent Protectiott - Tile state could loosen its · siting criteria in tile furore to create more sites, but state could not change city-adopted criteria. Proccdt, ral Complexity- City criteria fl~at are different fi'om those of the state would be new aud thus more complicated for the state, which might make state illOl'e likely to look at a cit5 xvhc~e ~t ~ use ~ts own criteria. Ah'eady Involved - A citx woulci ha~c it rotc ti, ti~c siting process via buiJding per n ts even ti' preempted, so it may not make sense back out of one-hal f' of the siting debme Citizen Expectations - Citizens expect their c~t5 play a role in tile siting process- even it' preempted Planning would bt5 !lit)re proactive ti/ali Grant Funds - A city that goes throu,,h.m thc i>t';,c;z:,5: cc)uid bc eligible Ik~; state im~dmg:miligat~or Finality of Ih'eemptio,~ ~ Preemption is tip, al a~d cannot be reversed even if a city wants to Olaiq Il'.. :!qC future Consistency with Ilomc Rule- Citron ~d'ttm ! ~l, >x !or ~Bol-e iocal coiHrol ailG shotiIc} ~o;. vOitliuiirli5 abdicate local control. \Vhv a cit\ should not adopLp}!U}~ a~d th_us be preempted by thc slmc Time Constraints- A city must adopt dcxclopmcnl regulations by 9/I/02. which requires extensive staff work, planning commission review, city council review, etc. Incentives Risk - Ifa city plans and thus create\ map of suitable zoues,'sites, it could create an incentive for the state to site it I~tcility in that because some of the sit:n,, work is ah'cad\ douc (Unless sek, erat other cities also have maps ) Null and Void Risk - ,A tit> adoptu~g nlolC restrictive requirements than allowed in the bill could have its criteria found to be null and void Existing Other i>,cgulato,'y Autho,'itx - A preempted cit.',,' might still bo able tu ml'lucncc thc -,~tH~, I)lOccs5 via Dutl,.Jil~g peri!tit:, }U ll/l:.lri[\ Oll l'tll'ill ill'Cil~ ~11 add:riel!. CX!>III!U Public Sal'ctv Rights - A preempted citx can .q~ll DSHS Publishes Siting Gidelines For Sex Offender Secure Community Transition Faciliti... Page I of 3 News Release Listing. I DSHS Main Pag_e I _S%a_r_ch I Co_n_La_ct.Us I Privacy Contact:Beverly Wilson (360)902-8257 I_:;Ij_zalLc0! Mclga~!!y (360)902-8164 9O2-7569 September 28, 2001 DSHS Publishes Siting Gidelines For Sex Offender Secure Community Transition Facilities Olympia - Guidelines counties and cities will use to find sites to locate Secure Community Transition Facilities (SCTF) for sex offenders are now published on the Department of Social and Health Services [DSHS) Web site. The facilities are for sex offenders moved out of the Special Commitment Center (SCC) by the courts for further treatment. This fulfills a provision of legislation (3ESS. B 6151) passed earlier this year that required DSHS to consult with a joint select committee created by the bill and then publish the guidelines by October 1, 2001. The Secure Community Transition Facilities are smaller housing units required by the federal court to provide a community-based treatment setting for SCC sex offenders who have progressed successfully through multiple levels of treatment over several years. The community facilities will be the next step in treatment for those who convince a court they have completed the treatment regimen at the SCC and can be conditionally released from total confinement to the highly supervised SCTF where they will continue to undergo treatment. In Senate Bill 6151, the State Legislature decided there must be an equitable distribution of Secure Community Transition Facilities throughout the state. The Legislature directed local governments to consider DSHS guidelines in adapting local regulations to accommodate such facilities. Since a SCTF is considered an essential public facility, no local plan or regulation may preclude a SCTF. Under the guidelines, DSHS must approve any site selected by the local government. Each site must be large enough to contain a SCTF with a minimum of three beds. In no case may a SCTF be sited adjacent to, immediately across a street or parking lot from, or within the line of sight of risk potential facilities defined in the law as schools, school bus stops, preschool facilities, day care facilities, public parks, publicly dedicated trails, sports fields, recreational and community centers, churches, synagogues, temples, mosques or public libraries. The law requires DSHS guidelines to endeavor to achieve an average law enforcement response time to the SCTF of not greater than five minutes. The guidelines must also balance the response time with the proximity to the defined risk potential facilities. Every site must have access to reliable security monitoring services and back-up systems to accommodate sophisticated security measures. Permitting must be possible under the local zoning code. SCTFs with six or fewer residents must have one staff on duty for each resident during the morning and afternoon shifts, and at least two staff on duty at night. The law also requires intensive staff DSHS Publishes Siting Gidelines ]:'or Sex Offender Secure Community Transition Faciliti... Page 2 o1'3 training and background checks. As required in the legislation, these guidelines follow the August 31, 2001, notification of all counties in Washington State of the number of SCTF beds that may be needed in each county. Twelve of the thirteen counties that had at least three residents committed to the SCC on April 1, 2001, are required by the law to plan for at least a three-bed Secure Community Transition Facility (SCTF) to be available, if needed, for the period May 2004 through May 2.008. King and Snohomish Counties are required to plan for siting a greater number of beds based on their proportionate share of SCC residents. COUNTY RESIDENTS OF MINIMUM SCTF MAXIMUM SCTF SCCON 4-1-01 BEDS (2004) BEDS (2007) 1. Chelan 3 3 3 2. Clark 6 3 3 3. Cowlitz 3 3 3 4. Franklin 3 3 3 5. Grays Harbor 4 3 3 6. King 41 5 15 7. Kitsap 6 3 3 8. Pierce 21 N/A* N/A~ 9. Snohomish 20 3 7 10. Spokane 5 3 3 11. Thurston 8 3 3 12. Whatcom 4 3 3 13. Yakima 4 3 3 (*NOT APPLICABLE. PIERCE COUNTY IS EXE.~qPT FRON THE LiST BECAUSE iT iS rifle SiTE OF A 24-BED SCTF ON MCNEIL ISLAND. THE LAW REQUIRES AN "EQUITABLE DiSTRiBUTiON" QF COMMUNITY-BASED SCTF FACILITIES THAT WILL NOT CAUSE A "DISPROPQRTIONATE GP, QUP1 IN ANY QNE COUNTY.) Twenty-six counties that had two or fewer residents in the SCC on April 1, 2001, DSHS Publishes Siting Gidelines For Sex Offender Secure Community Transition Faciliti... Page to plan for an SC'fF. However, the legislature provided monetary incentives for any county that voluntarily provides facilities for more than its fair share of SCTF beds. Statewide, DSHS projects a need for at least 49 community-based SCTF beds by mid-2007. The new SCTF under construction at the North Complex on McNeil Island will house 15 SCTF beds and 9 pre-transitional beds. DSHS is under federal court order to provide SCTF facilities in communities throughout the state for those sex offenders who successfully complete all phases of treatment in the SCC and are ready for community-based treatment as part of their transition back into society. The current population of the SCC is 144 with 142 men at McNeil Island and 2 women at the Corrections Center in Purdy. Modification Date: September 28, 2001 Inquiries about DSHS and its programs: Constituent Services, Ask DSH$ or call 1-800-737-0617, 8 a.m. - 5 p.m. PST, Monday-Friday. Technical Site Comments: DSHS Webmaster. PLANNING FOR SECURE COMMUNITY TRANSITION FACILITIES State of Washington Department of Social and Health Services Special Commitment Center April 2002 Background [] 1990 Community Protection Act Civil commitment for certain sex offenders [] Superior courts are the courts of commitment [] Special Commitment Center on McNeil Island ~ Total confinement facility .~ Mental health treatment model Residents have right to annual court review z Progress in treatment ~' Readiness for conditional release to a less restrictive alternative (LRA) placemont SITING ,qEC'URI~. ('(DN1N1UN1TY TI(:\N,<,.'ITIO5 F.,\CtI_I I'1l!.<, Conditional Release to Communities Court of commitment determines if: 2"02 Treatment provider is available and willing to work with resident · / Treatment provider will prepare treatment plan and make regular reports to court · / An LRA placement is available that adequately protects the community Resident is willing to comply with conditions imposed by court, and treatment provider, and community corrections officer Federal Court Injunction 121 Must provide "constitutionally adequate mental health treatment" [] Contempt fines now 54 million+ and growing r3 Critical issue: Must site and operate secure community transition facilities (SCTF) ~' SCTF on McNeil Island not enough ~' Must site SCTFs in mainland communities Q Significant progress must be made before next hearinq on 10/07/02 SITING SECI. jI~.E COMMUNITY Tl~.-\N,q ITION FACII,ITIt:.S 2502 Key Legislative Requirements 3ESSB 6151 - Enacted June 2001 i3 Authorized SCTF on McNeil Island Directed DSHS to project number of additional SCTF beds needed and notify counties Required counties and cities to plan for siting SCTFs Established specific siting criteria including security, staffing, and escort requirements r3 Authorized planning and incentive grants Legislative Requirements ESSB 6594- Enacted March 2002 Requires cities and counties to complete planning for SCTFs by September 1, 2002 Subjects jurisdictions in six counties to "preemption" after October 1,2002 for failure to meet planning requirements Grants local governments and law enforcement officers immunity Deletes requirement to site SCTFs where there is an avg. 5-minute law enforcement response time Authorizes contracts on SCTF operating procedures and public safety mitigation 'I't~.-\N % FI'K)~ FAC'II 2002 Preemption Applies only to local governments in Clark, King, Kitsap, Snohomish, Spokane, and Thurston Counties Applies only to the jurisdictions that fail to complete required planning by 9/01/02 Preempts and supersedes local plans, development regulations, inspection requirements and all other laws for siting, constructing, renovating, occupying and operating SCTFs A~n12002 Preemption Procedures [] DSHS will not preempt a city or county before deciding there is a need to site a facility there DSHS will defer to the local jurisdiction's process and regulations unless it is determined that: Local jurisdiction made no effort to comply with planning requirements (no planning done) - or- Local process precludes siting of SCTFs - or- Local regs are inconsistent with or more restrictive than state law - or- Local land use permitting process will not result in timely siting (DSHS suggests this is about 180 days from date of application) SITING SECURE COMMUNITY TRANSITION FACILITI ES Siting Process- DSHS Duties [] Adopt policy guidelines on siting C3 Assist local governments in planning [] Provide planning and incentive grants Q Approve all SCTF sites selected ~ Preempt local jurisdictions in six counties, if necessary '3 Report to legislature on 12/1/2002 on siting progress Siting Process- Local Government Duties Amend comprehensive plans and development regulations by 09/01/02 .~ ConsiStent with statutory requirements ¢- Not more restrictive than state requirements Do not preclude the siting of SCTFs .'41'l-IN( i ~l(('t.il~,t~ CON.I?,.1t !NI'I'Y I'I~.\N5, i l'l()N I'..\('ll.ITIt!S Overview of the Planning and Siting Process A,0d12002 Consider Key Siting Requirements in Planning [] Give preference to SCTF locations farthest removed from risk potential facilities [] Prohibit siting of SCTFs adjacent to or within line of sight of risk potential facilities [] Consider equitable distribution factors [] Balance proximity of the SCTF site to "risk potential" facilities such as schools, child care centers, etc., against other factors 2002 12 SITING SECURE COMMUNITY TRANSITION FACILITIES Share Information F~ DSHS shares GIS data on' · / Risk potential locations Equitable distribution factors: location and number of correctional and mental health facility beds and registered sex offenders Counties and cities share proposed plans and regs with each other and DSHS Analyze Information Analyze local areas and zones to determine which meet statutory requirements and are most suitable for siting SCTFs Review proposed regulations against statutory requirements Consider and weigh public safety factors - decide order of importance of siting factors such as proximity of SCTF to risk potential locations, equitable distribution, etc. 51'l'lN(; %1:._ L.:t-..IL CO?,,1Nlt. iNI'I'Y I'l<.',,N:-;I l'l(.'~.N 1.'..\(.'11 I l'lt!F Adopt Local Plans and Regs 2OO2 Cities and counties adopt amended comprehensive plans and development regulations `/Define the siting process ,/Identify areas or site(s) `/Consistent with state law ,/Not more restrictive 15 Review Possible Sites DSHS reviews available sites within the areas identified by the local jurisdiction ,/ If jurisdiction is preempted, DSHS consults with the jurisdictions and searches for sites ', [] DSHS selects one or more " potential SCTF sites within the i areas identified by the local jurisdiction(s) 2502 SITING SECURE COMMUNITY TRANSITION FACILITIES Hold Public Hearings DSHS, in consultation with the local jurisdiction, holds public hearings on the potential sites E3 DSHS provides public with information on specific sites A~n12002 Select Preferred Site E3 DSHS selects the preferred site E3 DSHS follows local process, OR Consults with preempted gov't ~ Contracts with consultants ~' Sites in environmentally responsible manner - follows SEPA substantively ~I 2CC2 .SITING SF. CURE COMMUNITY TI~AN%?IT1ON F,.\(~IIJTIES For More Information... 2002 3ESSB 6151 (Chapter 12, Laws of 2001, Sp. Session) ESSB 6594 (Chapter 68, Laws of 2002) DSHS Policy Guidelines, 10/01101 Civil Commitment - RCW 71.09 Growth Management Act - RCW 36.70A DSHS Staff Contacts: ~' Beverly Wilson (360) 902-8257 ,/Elaine Taylor (360) 902-8184 SITING SECURE COMMUNITY TRANSITION FACILITIES FREQUENTLY ASKED QUESTIONS Answers ~o ~.uestions abouz ~he I_)St-tS Special Commimzem Cen~e~' v, nd RectuirementsJ~o~' Sitin~ Secure CommuniO~ Transition Facilifie.v BACKGROUND iNFORMATION 1. What is the Special Commitment Center? The Special Commitment Center (SCC), located on McNeil Island, is a total confinement facility designed to provide long-term rehabilitative treatment for certain sexual offenders. The program, operated by the Department of Social and Health Services (DSHS), is housed within the secure perimeter of the McNeil Island Corrections Center. Although the program operates within the confines of a correctional facility, it is not a prison or criminal justice program. It is a specialized mental health treatment program. Sex offenders who have completed their criminal sentences, but are found by state superior courts to meet the definition of "sexually violent predator" under chapter 71.09 RCW, may be civilly committed to the SCC for care, control, and custody. They remain in the total confinement program receiving ongoing treatment until the court determines that they are ready for placement in a community supervised living arrangement (LRA). 2. What does "less restrictive alternative" mean? What is a "secure community transition facility?" A less restrictive alternative (LRA) placement is defined in the state law as a living arrangement that is less restrictive than total confinement. An LRA placement may be in a residential facility program operated or contracted by the Department of Social and Health Services or in the person's own home in the community. "Secure community transition facility" (SCTF) is the statutory name for a LRA residential facility program operated or contracted by DSHS. As stated in RCW 71.09.020, "...a secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services." The program offers 24-hour intensive staffing and line- of-sight supervision by trained escorts when residents leave the facility. 3. How does a court decide when an SCC resident is ready for conditional release from the SCC? What are the grounds for making that decision? Each civilly committed person receives an annual review by qualified professionals to evaluate the person's progress in treatment. A civilly Department of Social and Health Services Special Commitment Center April 2002 committed individual has a right to an annual hearing in the superior court of commitment to determine his or her readiness for conditional or unconditional release. The superior court judge or jury makes the decision based on expert testimony of the person's history and progress. If the court determines that the community can be adequately protected and it is in the person's best interest to be conditionally released, the court may order the person's conditional release to a less restrictive alternative placement. The court's determination that an individual is ready for conditional release is based on the individual's behavior, psychological testing, and expert testimony. 4. Why is it necessary to establish LRA facilities? As required by state law, individuals who have been determined by the courts to be ready for conditional release have the right to live in settings that are less restrictive than total confinement. As discussed below, the civil commitment program must meet the standard of "constitutionally adequate mental health treatment." This means that residents who are ready for conditional release must have an opportunity for placement in a less restrictive alternative placement. Many SCC residents do not have the personal or family resources necessary to provide the level of support and supervision required for successful conditional release. A structured and closely supervised community residential program provides community protection and an appropriate environment in which the conditionally released person can continue treatment, learn appropriate life skills, and make a successful transition to community living while being closely monitored. In August 1991, a civil rights complaint was filed in federal court alleging violations of the constitutional rights of SCC residents. In 1994, the Federal District Court entered an order and injunction requiring the SCC to provide the residents with "constitutionally adequate mental health treatment." Since 1995, the court has held annual or semiannual hearings on the state's progress toward meeting the court's requirements. Following the November 1999 hearing, the federal court ordered that a penalty of $50 per day per resident accrue, but deferred the state's payment of the contempt sanctions because many improvements had been made within the SCC program. The court also found that the lack of less restrictive alternative housing options was a significant issue and ordered the state to "[make] arrangements...for the community transition of qualified residents, under supervision, when they are ready for a less restrictive alternative." Following the July 2001 and February 2002 hearings, the court found that the state's enactment of legislation (3ESSB 6151 and ESSB 6594) establishing the McNeil Island Secure Community Transition Facility and providing a process for siting additional facilities on the mainland was a significant positive step. However, the coud has continued the accrual of the contempt sanctions (now well over $4 million) until the state has established LRA facilities on the mainland. Department of Social and Health Services Special Commitment Center April 2002 5. Why doesn't the state appeal the federal court orders? What would happen if the state simply refused to provide less restrictive alternative housing options? The state has appealed past federal court orders and lost. At the very least, a refusal to implement less restrictive alternative housing options may result in an order requiring the state to pay a large sanction that could continue until compliance with the court order is met. A refusal could ultimately place the SCC program in jeopardy and lead to the closure of the program and release of SCC residents to settings with little or no supervision. 6. How many sex offenders reside in the SCC? As of April 2002, there are 156 residents in the Special Commitment Center total confinement program, including one woman who is housed at a special unit in the Washington Corrections Center for Women at Purdy, and one juvenile who is in a program outside Washington State. There are also seven SCC residents who have received court-ordered conditional releases. Three of these individuals are living in private residences in the custody of their families, three are in a special needs contracted community program, and one is in the recently established McNeil Island Secure Community Transition Facility. For the past several years, admissions to the SCC have been averaging about 2.5 residents per month. SCC TREATMENT PROGRAM AND SECURITY REQUIREMENTS 7. What kind of rehabilitative treatment do SCTF residents receive? Prior to their conditional release, SCC residents participate in an intensive treatment program at the total confinement facility. The treatment program requires the resident to participate in intensive individual and group sessions with qualified professionals, undergo periodic polygraph (lie detector) and plethysmograph (sexual arousal) tests, and, in some cases, take medications. Residents who successfully complete the first five phases of treatment begin their preparation for a community transition placement. Residents who receive court-ordered conditional releases to an LRA must continue participating in intensive treatment with a qualified, court-approved community sex offender treatment provider. The SCTF staff work as a team with the treatment provider and the resident's assigned community corrections officer to monitor each resident's progress throughout all aspects of the community transition progra~T~. 8. What level of security does an SCTF provide for community protection? State law requires SCTFs to provide a high degree of security and staff supervision. The coordination and teamwork of the SCTF program staff, sex offender treatment provider, community corrections officer, and local la,,,,., Department of Social and Health Services Special Commitment Center April 2002 enforcement are essential to assuring community protection. measures include: Security Specific conditions set by the court. To protect the community when a person is conditionally released, the court of commitment orders clearly defined conditions that the person must follow. State law requires the program staff, treatment providers, and community corrections officers to immediately report serious violations of court-ordered conditions, including any alleged criminal offenses, to law enforcement. If the person is not arrested and detained by law enforcement, the person must be transferred to the SCC total confinement facility pending the outcome of a court review. Proximity of SCTF site to risk locations. When a property is considered for an SCTF, the law requires DSHS and local governments to consider and address many factors. Key considerations include the distances between the SCTF property and "risk potential activities and facilities" such as child care centers, schools, school bus stops, public libraries. The law also requires evalua{ing a site to determine if barriers exist or can be installed to shield visibility between the SCTF and adjacent properties, if electronic monitoring services are available to the area, and if there is reasonable access to community services such as treatment, employment, vocational training, etc. Intensive staffing. The law requires the SCTF to provide intensive staffing ratios. In facilities with six or fewer residents, the facility must provide a ratio of one staff on duty for each resident during the day and evening hours, and two staff on duty for every three residents during the night hours. Close supervision and escorts. Unless otherwise ordered by the court, each SCTF resident must be closely supervised (on a one-to-one basis) by a trained staff or court-authorized e~cort when the resident leaves the SCTF premises for any purpose. The staff/escort must remain with the resident for the duration of the outing, even when the resident may be working at a job. Household security systems. The SCTF facility must have household and perimeter security systems installed that meet specific technical specifications and offer appropriate emergency backup provisions. This includes providing a tamper-proof security panel, emergency electrical supply system, personal panic devices for all staff, staff photo ID badges, etc. Intensive training for qualified staff. SCTF staff must meet specific qualifications and receive specialized in-service training on a range of topics before they begin working with residents. Each staff is required to Department of Social and Health Services Special Commitment Center April 2002 pass a thorough state and federal criminal background check and not have a history of any felony convictions. Informed staff and escorts. Staff and escorts must be fully informed about each resident's offense history and behavior patterns. Although staff and escorts do not carry guns, they must be equipped with cell and radio phones, and be trained in self-defense and appropriate emergency response procedures. Community trips require advance planning. Residents are allowed to leave the facility premises only for specific purposes, as authorized by the court order, and only with prior approval of the resident's assigned community corrections officer, treatment provider, and the SCTF program manager. Reasons for leaving the facility may include treatment, employment interviews, employment, training, and other activities, such as family visits, that are specifically addressed in the resident's treatment plan. Individual electronic monitoring devices. Unless otherwise ordered by the court, each resident must wear an individual electronic monitoring device. If an SCTF is sited in our county, will the residents placed there be the same ones who were committed from our county? It is possible, but not a given. The court orders the placement and considers many factors including whether housing is available that meets the court's conditions and the individual's needs, a qualified community sex offender treatment therapist has agreed to work with the resident and make regular reports to the court, the location of victims, etc. PLANNING AND SITING REQUIREMENTS FOR SECURE COMMUNITY TRANSITION FACILITIES lO.What is being proposed? What does the law require? Two laws have been passed that address the siting of secure community transition facilities. In June 2001, the state enacted 3ESSB 6151 (Chapter 12, Laws of 2001, E2). This law provides direction to DSHS and local governments in the planning and siting of secure community transition facilities. The law requires counties and cities that are fully planning under the Growth Management Act (GMA) to include a process in their comprehensive plans and development regulations to provide for the siting of SCTFs. Counties and cities not fully planning under GMA also must establish a planning process and amend their development regulations, as needed, to provide for siting SCTFs. The statute provides specific siting requirer'nents Department of Social and Health Services Special Commitment Center April 2002 and community safety standards that DSHS and local governments must follow. In March 2002, ESSB 6594 (Chapter 68, Laws of 2002) was enacted. This legislation amended some of the siting criteria enacted in the previous legislation and addressed several other issues that are relevant to the role of cities and counties in the SCTF planning and siting process. The requirement to site facilities in areas in which it is possible to "endeavor to achieve an average law enforcement emergency response time of five minutes" was deleted from the law. ESSB 6594 provides cities and counties with immunity from causes of action for civil damages related to the siting of SCTFs. Cities and counties and their law enforcement personnel are also granted immunity from causes of action for civil damages if law enforcement personnel make reasonable and good faith efforts to respond to emergencies involving SCTF residents. The 2002 law authorizes two types of contractual agreements between DSHS and local governments. DSHS and the local government where a facility is sited may contract with each other to memorialize their agreements on SCTF operating procedures and their respective roles and responsibilities. Contingent upon funds being appropriated, DSHS may also contract with local communities to provide resources to mitigate the impact of the SCTF. To assure that facilities can be sited in a timely manner, ESSB 6594 provides the state with limited authority to "preempt and supersede local plans, development regulations, permitting requirements, inspection requirements, and all other laws as necessary to enable the department to site, construct, renovate, occupy, and operate secure community transition facilities..." The state's preemption authority applies only to six counties (Clark, King, Kitsap, Snohomish, Spokane, and Thurston) and any of their cities and only to any of those jurisdictions that fail to comply, by September 1, 2002, with the statutory planning requirements for siting secure community transition facilities. 11 .What is the role of the local jUrisdiction? What is the role of DSHS? Under RCW 36.70A.200, no local comprehensive plan or development regulation may preclude the siting of essential public facilities, including SCTFs. State regulations recommend that local governments take a cooperative inter-jurisdictional approach, consistent with countywide planning policies, in planning for difficult-to-site essential public facilities of a countywide, regional or statewide nature. Cities and counties have the lead role in defining a process and appropriate areas for siting SCTFs. In other words, local jurisdictions are responsible for planning and permitting. To pla. n for the siting of these facilities, local governments must conduct the analysis necessary to identify areas or sites Department of Social and Health Services Special Commitment Center Ap,,-il 2002 that meet the minimum criteria required by state law. As the permitting authority, local government is not responsible for buying or leasing land or buildings for SCTFs. DSHS is required to work with local governments in the planning process. In the event that DSHS must preempt a local jurisdiction to site a facility, DSHS will continue to consult with the local government as appropriate. To help local jurisdictions in the planning process, DSHS will provide program information, geographic information system (GIS) data and other technical support. To support this effort, DSHS is building a comprehensive geographic information system to assist local jurisdictions in the mapping and review of potentially suitable areas for siting SCTFs. Once a local jurisdiction has identified appropriate area(s) or zones, and DSHS has determined that a facility is needed in that area, DSHS will review the available properties within those areas to identify specific sites. After identifying specific sites, DSHS will apply to the local jurisdiction for the appropriate permits. If the jurisdiction has been preempted, DSHS will continue to consult with local government as appropriate. 12.What is the role of the individual towns and cities within the county? is my city required to find a site separate from sites that may be identified by the county? At a minimum, the state law requires counties and cities within the county to notify each other of siting plans. The legislation does not further define how counties and cities must coordinate. Early coordination, with counties taking a lead role, is advisable because it allows the seamless review of risk potential facilities and equitable distribution factors. All counties and cities must establish a process and development regulations to provide for siting SCTFs. Except where countywide planning policies have otherwise dictated siting choices, development regulations should provide for the possibility of siting each of the listed essential public facilities somewhere within each jurisdiction's planning area. DSHS expects that a coordinated countywide analysis will determine that some areas within a county's boundaries will be preferred over others for siting SCTFs. 13.1n August 2001, DSHS notified all 39 counties that SCTFs may need to be sited within any of 12 identified counties sometime between May 2004 and May 2007. Our county was one of the 12 counties identified, but it is not one of the six counties that are subject to preemption under ESSB 6594. Do different planning and siting requirements apply to our county? No. ESSB 6594, however, clarifies that a failure of any jurisdiction to complete the planning by the deadline is not a condition for fiscal sanctions, appeals to the growth management hearings board, or a private cause of action. If your jurisdiction is not subject to preemption, it is highly unlikely that Department of Social and Health Services Special Commitment Center April 2002 DSHS would site a facility in your area unless your jurisdiction volunteers as a location. Jurisdictions that are subject to preemption and that fail to do the required planning by the deadline run the risk of losing local control over the SCTF siting, permitting, and construction process if and when DSHS determines that a facility must be sited in that jurisdiction. If DSHS decides to site a facility in a preempted jurisdiction, the department will consult with the local government and attempt to follow local procedures and practices to the extent possible. 14. What steps does DSHS suggest for coordinating with local jurisdictions? Although there will be local variations, DSHS suggests the following steps: The county and its cities establish a coordinated countywide planning process. At a minimum, a coordinated process would include sharing early drafts of revisions to comprehensive plans and development regulations. b. DSHS, counties, and cities share data on location of risk potential facilities and activities and equitable distribution factors. c. DSHS assembles the data available and provides counties and cities with digital GIS data. Counties and cities adopt comprehensive plan amendments and development regulations, as necessary, that define the siting process, criteria, and zones, areas or site(s) appropriate for siting SCTFs. When ready to site a facility in a particular area, DSHS reviews available sites within the areas identified by the local jurisdiction(s) and approves sites that meet state requirements. If a jurisdiction has been preempted, DSHS consults with the local government and identifies appropriate sites. As needed, DSHS selects one or more potential SCTF sites within the areas identified by the local jurisdiction(s). DSHS, in consultation and coordination with the local jurisdiction(s) where sites under consideration are located, holds public hearings on the sites as required by state law. g. DSHS selects the preferred site for the facility. If the local jurisdiction has not been preempted, DSHS follows the local jurisdiction's permitting requirements. If the jurisdiction has been preempted, DSHS consults with the local government, engages the services of other permitting and construction consultants and resources as needed (e.g., the state fire marshal) to act in lieu of the local government. Department of Social and Health Services Special Commitment Center April 2002 15.What GIS data is DSHS collecting and making available to local jurisdictions? DSHS is gathering data that include: Locations of the risk potential facilities referenced in the law. These risk potential facilities include public and private schools, licensed day care facilities, licensed preschool facilities, public parks, publicly dedicated trails, playgrounds, and sports fields, recreational and community centers, school bus stops, churches, synagogues, temples, and mosques, and public libraries. The number of registered sex offenders (Levels I, II, and Ill) aggregated by city and county. Limitations of the data prevent further sub- categorization by offender level. Data sharing agreements preclude DSHS from releasing this information at an individual level. · The number of residential facility beds in each jurisdiction operated by the Department of Corrections' and the DSHS Mental Health Division. By mid-May 2002, DSHS plans to make the GIS data available to the six counties and their cities subject to preemption. Cities may wish to coordinate their efforts through their county's GIS department to assure consistency and seamless coverage. Data for the remaining counties and cities will be limited at this time, but DSHS will continue to build the system so that over time, information will be available statewide. 16,Who is responsible for the public's participation in the planning and siting process? The local jurisdiction is responsible for the public participation process required for the revisions it makes to its comprehensive plan and development regulations. State law requires DSHS to conduct a public hearing process during the final site selection. Where local government requires public notice and hearings associated with permits, the DSHS public hearings requirement does not apply to the extent they are duplicative of the local requirement. Local public hearing requirements would apply only in non-preempted jurisdictions. 17.What is the amount that will be awarded in a planning grant? Does accepting the grant make it more likely that DSHS will site a facility in our jurisdiction? DSHS is waiting until early May 2002 for responses from cities and counties about their interest in applying for grants before determining the level of grant awards. DSHS is considering various award options such as providing Department of Social and Health Services Special Commitment Center April 2002 somewhat larger awards to counties than to cities that apply individually and providing a small bonus for jurisdictions that apply jointly. A local jurisdiction's acceptance of a planning grant will have no effect on DSHS' siting decisions. DSHS will look for the best sites that meet statutory requirements and program needs and that can be sited in a timely manner. Because of the urgency to site facilities, DSHS will be looking for sites in all six counties. In deciding where to site facilities, the department will consider many factors including which counties were responsible for the civil commitment of the likely LRA candidates. However, there is no one overriding factor that will drive siting decisions. 18.What does it mean to "make a commitment to initiate the process to site a facility?" Jurisdictions accepting grants will be expected to fully comply with RCW 36.70A. 200. At a minimum, DSHS believes the law requires the following: The local process and regulations must not preclude the siting of a SCTF. The land use regulations must be consistent with, and no more restrictive than, the requirements for siting and operating a SCTF set out in chapter 71.09 RCW. · The jurisdiction must consider the effect of "equitable distribution factors" on the siting of a facility as addressed in RCW 71.09.250(8). The zones, areas or sites that the jurisdiction identifies as appropriate for siting secure community transition facilities must include potential sites that meet the criteria in state law. A potential site means either buildable land or a suitable existing facility that is available for lease or purchase at a reasonable or fair market rate. The local jurisdiction's siting and permitting processes that would be required when DSHS actually sites a facility must be designed to result in a permitted site in a timely manner. To meet these requirements, DSHS suggests that a jurisdiction needs to complete sufficient analysis to determine whether or not the areas or zones that it designates as appropriate for siting an SCTF will actually yield potential sites that meet the criteria in chapter 71.09 RCW. This means analyzing risk potential locations and equitable distribution factors. In considering the effect of equitable distribution, DSHS suggests the jurisdiction decide whether equitable distribution is more or less important than other public safety criteria such as the proximity of the SCTF to risk potential locations, etc. The process for siting a facility in a timely manner means being able to complete construction or renovation of the facility so that the facility is available for Department of Social and Health Services Special Commitment Center April 2002 occupancy when it is needed. A reasonable amount of time to complete the local land use permitting process is 180 days from the date of application. It is the department's expectation that other local jurisdiction permitting processes and regulations (e.g., building permits) for SCTFs will be the same as for similar type facilities. Again, DSHS expects that all local jurisdictions' processes and regulations will enable the department to site a facility when it is needed. 19.What does preemption actually mean? What procedures will DSHS follow if siting a facility in a preempted jurisdiction? Preemption means that all local and state land use plans, policies and regulations do not apply to the siting of a facility. This includes state laws such as State Environmental Protection Act (SEPA), the Shoreline Management Act, and the Hydraulics Code. The law makes clear, however, that DSHS must site a facility in an environmentally responsible manner that is consistent with the substantive objectives of SEPA and consult with the Department of Ecology to carry out the planning, construction, and operations of the facility. DSHS must make a threshold determination if the siting would have a probable significant, adverse environmental impact. If so, DSHS must prepare an environmental impact statement that meets the requirements of SEPA and regulations promulgated by the Department of Ecology. If DSHS sites in a preempted jurisdictions, the department will also contract with consultant firms to review and advise on building and site preparation requirements, the state fire marshal to review and advise on fire codes, etc. 20. How big a site do you need for a 3-bed facility or a 12-bed facility? The required size of the site will vary by jurisdiction. Several factors must be considered: Is the site serviced by a jurisdiction's water and sewer systems or is a well and septic system required? If a well and septic system are needed, what is the separation requirement? If a septic system is required, what are the jurisdiction's drain field requirements and how well does the soil drain on that particular site? What are the jurisdiction's requirements for setbacks and parking? DSHS estimates that a site for a 3-bed facility with a well and septic system will require a minimum of 2 acres. A 12-bed facility with a well and a septic system would require a minimum of 3 acres. If installation of a well and septic system is not necessary, the site could be smaller but will still vary by jurisdiction. 21. State law voids local requirements that are more restrictive than the statutory minimum criteria. Can local jurisdictions still require that an SCTF meet local design standards, landscaping, setback, light and noise restrictions, etc.? Department of Social and Health Services Special Commitment Center April 2002 Yes. In general, the normal physical standards for the jurisdiction and the zoning district would apply. These might include design guidelines, landscaping, setbacks, lighting, signage, percentage of site coverage, location of access to a major arterial, etc. Any conditions affecting the operation of the facility or imposing additional safety requirements would be "more restrictive" than those in the state statute. 22. Who can local jurisdictions contact to get more information? DSHS staff welcome the opportunity to meet with local elected officials and staff, planning commission members, and others. All of the staff listed below are knowledgeable about the siting of SCTFs, the SCC program, and technical land use issues. If the staff person you contact is unable to answer your questions, he or she will ask the appropriate person to respond. PROGRAM ISSUES: DSHS Special Commitment Center Community Programs PO Box 45322 Olympia, WA 98504-5322 Beverly Wilson, Associate Superintendent 360-902-8257 360-902-84~7 (fax) wilsobk2@dshs.wa.qov Allen Ziegler, Community Programs Manager 360-902-8258 360-902-8497 (fax) Zie~llwa~dshs.wa.qov Kelly Cunningham, Community Programs Manager 360-902-7541 360-902-8497 (fax) CunniKJ~dshs.wa.qov LAND USE ISSUES: DSHS Division of Lands and Buildings PO Box 45848 Olympia, WA 98504-5848 Elaine Taylor, Land Use Administrator for SCTFs Special Commitment CentedLands and Buildings 360-902-8184 360-902-7889 (fax) ?-AYLOEA~,dshs.wa.Qov Department of Social and Health Services Special Commitment Center April 2002 CITT OF ~ DATE: TO: FROM: VIA: SUBJECT: Julle 3. 2002 Eric Faison, Chair Land Use and Transportation Committee Marxvan Salloum, Street Systems Manager 6/.2/75'/~/'-'-- David H. Mo~-~a~ger Pacific Highway South HOV Lanes Phase ! (South 312'h to 324th Street) Improvement Project - - Bid Award BACKGROUND Five (5) bids were received and opened on May 22, 2002at 10:10 a.m. for the Pacific t tighway South HOV Lanes Phase 1 (South 3 12Ih lO 324'h Sired) Improvement Prqject See attached Bid Tabulation St nma-y Tile lowest responsive. responsible bidder is SCl lnfl'astructure, LLC xvith a total bid of S6.723.626.89. Reference checks on SCI Infrastructt, re. I.LC by both CH2M Ilill. lnc and City staff indicate that the contractor has performed similar work. As a result, City staff believes SCI Infl'astrucmre. LLC can successft|lly complete this project to the City's satisfaction. Theretbre tile lowest responsive, responsible bidder is SCI Infrastructure, LNG m the amount of 56,723,626.89. I' RO,J ECT COST ESTI MATES Construction Low Bid 10% Construction Contingency Desi,,n Construction Management Underground Conversion (PSE) Right of Way Acquisition Total Project Cost 56.723.626.80 672,363 991.723.00 715,000.00 600.000.00 ~280.668.00 SI 1,983,380.89 (2) AVAILABLE FUNDING Grant funding Mitigation Fund Surface Water Fund Lakehaven Utility District (LUD) Interest Eamin,, Budgeted Git>' Match Total Available Budge1 SI0.237,491.00 240.597.00 21 I.()00.0(} 464.542.00 71.000.00 I. 110.000.00 S 12~334,630.(}(} TtA SI.274.000. STPUL S2,399.433 STPC S5.396.000. \VSDOT S 1.168.058 Utility Replacement//\djt~smlent I'roject Bahmcc S351,248.11 (I) This is an estimated cosl (A Conversion Agrccmcm has m~t been si?cd duc to ongoing negotiations bctxvccn l'$1~ and Ibc CJI5 ). {2) I'his is an estimated cosl Ik}z' R()W acquisition bce:lust six (6) pal'COIN l'CI/l;lill otHqandinc aild l]ll;l[ [Cgill billin~ has IIOI bCCII received. I IoxxCXCl'. ibc R()W aCqtliSilion cMilllalc ils xkcl] :IN lilt p~oicct balarlcc is stll'l~ciClll lo cox el' illlX RECOMMENDATION Staff recommends placing the following items on the June 18, 2002 Council consent agenda for approval: 1. Award the project to SCI Infrastructure, LLC the lowest responsive, responsible bidder in the amount of $6,72o,626.89, and approve a 10% cont~naency of $672,.~62.00 for a total of $ 7,.>95,988.89. Award of Schedule B (Lakehaven's portion of the project) contingent upon Lakehaven Utility District Board approval to award Schedule B as bid. 2. Authorize the City Manager to execute the contract. II APPROVAL OF COMMITTEE REPORT: Eric Faison, Chair Mike Park, Member Dean McColgan, Member MS:dl cc: Project File Day File k:\lutcX2002\Pacific Highway Phase I, bid award.doc Pacific Highway South HOV Lanes Phase ! South 310th Street to South 3241h Street / Bid OoeninQ Date 5-22-02 Construction Sa~eying LS I 580,000,00, S§0,000,0(586,000.00 586,000.00595,000.00 595,000.0($150,000.00 $150,000.00 $100,000.0( '$100,000.O0 $90,000.00 $90,000.0( Ut~l,;¥ PoU~mg FA I $15,000.00 $15,000.0(S 15,000.00 51S,000.0(~ S 15,000.00 $15,000.0($15,000.00 $15,0OO,00$15,000.0( $15,000.00 515,000.0(~ S 15.000.00 Resolution Of Ubhty Conlhcts FA I S75,000.0( S75,000.0(S75,00~.00 $75,000.00575,000.00 $75,000.0('{7S,0OO.00 ' $75,000.0~ $75,0~).0~ $75,000.00 S75,000.0~ hlob,iizabon LS I S600,000.00 $600,000.0( $750,000.00 S 750,000.00 $535,000.00 $535,000.0( $700,000.00 $700,000.00 $748,000.0( $748,000.00$391,700,00 $]9 J,700.0( Off,Duty Umformed Poi,ce Officer ' HR 3,000 $32.0( 596,000.0($32.00 596,000.0~3 532.00 $96,000.0(532.00 $96,000.00$32.0( 596,000.00 $32.00 [cinerary Traffic Control Dev,ce$ LS I $100,000.00 $100,000.0( $340~000.00 5340,000.00 $100,000.00 $100,000.0( ~50,000.00 $350,000.00 $~30,000.0C $130,000.005100,000.00 $100.000.0( ~',,~ '~, ,>:,; ~upc,,,!~,~r HR 2,640 535.00 $92,400.0($35.00 592,400.00$35.00 $92,400.0C$35.00 $92,400.00$35.0( $92,400.00 $35.00 Clear,,~ arid Grubbing tS I s6o,o0o.oc 560,000.0C532,000.00 532,000.005~5,000.00 525,000,{X550,000,00 ' $50,000.00 S100,000.0( 5100,000.00$25,000,00 ' " 525,000.0( FA I $ 20,000,00, $20,000.0($20,000.00 S20,000.00$20,000.00 S20,000.0($20,000.00 $20,000.00520,000.0C 520,000.00 520,000.00 $20.000.0( ' ' LS I .... $2,000,00 $2,000.0( S5,000.00 55,000.00 $15,000.00 $15,000.0($5,000.00 $5,000,00 $5,000.0( $5,000.00 $2,000.00 52,000.00 li~,:Locate ComforI bm ~Jgn LS I 51,500.00] $1,500.0( $5,000.00 $5,000.00 53,200.00 S3,200.0( '$5,000.00 $5,000.00 $5,000.0( 55,000.00 52,000.00 ~<.:,,o,~ c ....... : Co,,~r~/* S,~,,~ S¥ ~,,~2 S10.00 $21,~20.0($2.S0 .S5,~a00 $4.OO ,~,7~.0( $4.OO .~.bb sis.o( 5~2,~d:00 $7,sa 5~6,440,00 Remove C'urD tf 5,570 $1.2! $6,962.5C Sl.00 $5,570.0~ S2.00 $11,140.0( $2.00 -0.00 S5.00 S27,850.00 Sl.0g $5,570.00 , ~; SI' 31,700 $6.00 $190,200,0( $3.50 $110,950,00 $5.00 5158,500.0( $2.50 0.00 $4.50 $142,650.00 $3,0a $95,100.0( IJ;:,*~e~ ~,~w~w 2~.1. ~,u~l IN 4,000' $12.00 $4~i000.0( $14,70 $58,800.0(] $12.00 $48,000.0( $15.00 ~01~) $12.00 $48,000,00 $11,0~ $44,000.0( ' ~9.0~ 520.00 ' ' SI: 51,500 S~.50 $25,750.0( $0.10 $5,150.0C S0,20 S 10,300.0( S0.50 ;0.~)~ S 1.00 S51,500.00 S 1.0C S51,500.00 JStr~ctu~e E~cavabo,~, Ci[~ss Ii, for UJ~derground,lg of Ovetllead CY 6,220 $25.00 $155,500.0C $38,50 5239,470.0{] 545.00 $279,900.0( $7.00 .0.~0 532.00 $199,0.10.00 $25.0~ $155.500.00 iF,t[ul, Scrod , , IN 1,760 $12.00 $21,120,0£ $14.00 $24,640.0C $16.00 $28,160,0( $17.00 !0.00 S20.00 $35,200.00 S11.0( S19,360.00 i C;,ushcd 5urtaC,r~g i3ase/Top Cui,/se TN 13,250 $11.50 $152,375.0( $15.40 S}04,050,0C S 14,00 5185',500.00 $17.00 $225,250.00 $20.00 '" 5265,000.00 $16.001 5212,000.00 {Cold t.lix Asphalt TN 375 $75,00 $28,125.0( $50.00 ~18,750.0C $65,00 524,375.00 $100,0fl $37,500.00$100.00 $37,500.00 $50.00 518,750.00 IA~l~h4al Cgnc. Piwcmcnt CI A TN 11,500 $3~.75 $457,125.0( $39,75 S457,125.0( $46.00 5529,0~,~J $39.00 $448,500.00 $42.00 $,183,0OO.'00 $36.002 541'1,000,00 Jc~aovi..' Ciass aOOO k,r kcta,mag Waft CY 31 $500.OO $15,500.0C $560.00 $17,360.06 S400.00 $12,400.0( 5600.00 , 518,$00'00,'.i$1,2§0.00 S38,750.00 $700.00 SF 304 $5.00 $1,520.0( S30.00 $9,120.0C $30.00 sc), 120,00]$]5.00 $10,$40.00$75.00 $22,800,00 525.00 .'~ '~r ~,j,~c:li,,I,ng LF 3~jO' $65.00 S19,500,0( $100.00 S30,000.0C $85.00 S25,500.00 $75.00 $22,500.00 $75.00 $22,500.00 $75.00 .-~ ~.;oclular StmvJard BIoc~ Rela,mng Wall System SI' 1,250 ". $26.00 $32,500.0( $24.00 $30,000.0~ $20,00 $25,000,0( $2].00 $27,500.0~ $25.00 $31,250.00 $15.00 ~'~ r.lodular Compac Block Retaimng Wall Systenl SF 575 $30.00 $17,250.0( $24.00 $13,800,0C $18.00 $10,350.00 $22.00 $12,650.00 $25.00 $14,375.00 $12.00 ICl,-;ss V Re.l! Storm 5~'.cr P,pe 12 hi. D,arll, LF 3,246 S43.00 $139,578.0( $48.20 $156,457.2C $42.00 S136,332.00 $42.0~ $136,332.00 $50.00 5162,300.00 $50.00 5 .-~ jC'~,q,,:,:~) ~v~dh?lu-u Sierra ~;*:wcr Pi~ 12 Im b,am. LF 114 $36.00 $4,104,0( $45.00 55,130.00 535,00 53,990.00 $42.00 $4,788.00 $50.00 $5,700.00 $30.00 S3,420.00 J ,',bc:ni:~r~ E~,~t,l~g CdLcr~ [t,*s.i EA 38 $200.00 $7,600.0( S150.00 $5,700,00 $85.00 $3,230.0( 5500,00 $19,000.00 $200.00 $7,600.00 5400.00 515,200.00 '.~;jusl Catch tluSm lo Grade EA 43 S27~.00 Sl 1,825.0($350,00 S15,050.00' 5200,00 , $8,600,0( $500.00 $21,500.00 $400.00 $17,200.00 $200,00 $8,60000 i,:C',uSC Ca/ell ~dsm to Grade & P~owde Roimd Sohd Cover EA 19 $350.00 $6,$50.0( $350.00 $6,650.00 S350.00 $6,650.0C $650.00 $12,350.00 $500.00 $9,500.00 $500.00 59,$00,00 /,d;~sl Ul,ht¥ I-lanhOle to Grade EA 20 $500.00 $10,000.0( $1,000.(30 $20,000.00$750.00 $15,000.0( $500.00 L00 $500.00 $10,000.00 $325.00 $6,500,00 Catch 5osm Type I , EA 33 $850.00 $28,050.0( Sl,000.00 $33,000.00' $1,000.00 533,000.0( ).00 1.130 $1,000.00 $33,000.00 $800.00 526,400.00 "Latcll BO~,i lyp¢ 2 /2 ITl [iA 2 $5,000.00 $10,000.0( $6,300,00 $12,600.00$5,000.00 $10,000.0( "L00 '."~ $4,900.00 $9,800.00 $6,000,00 $12,000.00 Calch [34~sm' ry~ 2 {34 [[~. F~A 4 $8,500.00 $34,000.0C $9,'700.00 $38,800.00$9.000.00 536,000,0( .-l.(3~ · .i~0 $6,700.00 $26,800.00 $?,500.0fl 530,000.00 CunCrete I ri. ici ' EA 17 $55(i.0( $9,350.0( $700.00 $11,900.00$700.0( $11,900.0( · ).00 ..~3 $900,00 $15,300.00 $ 700.013 511,900.00 ~A 4 $200.00 $800.0( $500.00 $2,000.00 $350.001 $1,400.0( - .11~0 · .00 $$00.00 $2,000.00 $]00,00 $1,200.0( [~A 4 $200.00 $800.0( $500.00 $2,000.00 $200.0( 5800.0( , -L00 · .00 $400.00 $1,600.00 S175,00 S700.0( ),',~vS{ ~JI,l,ly V~lqv(~ tg Grade EA 45 $300.00 $13,500.0( $275.00 $12,375.00 $300.00~ $13,500.0( "L00 : , ~(~) $400,00 $18,000.00 $300,00 513,500.0C 5B Coalelon9 Plate Oil-Water Separator I EA ! 5]0,0O0.0O $20,000.00521,000.0( 521,000.0~S25,000.00 S25.000.001 $18,000.0( 518,000.0~$25,000.00 $25,000,00 $).4,000.00 $14,000.00 5g Coalescing Plate Oil-Water Separator 2 EA ! $13,000.'0(] 513,000.00$14,000.00 514,000.0~518,000.00 $18,000.00$).4,000.0C $14,000.0C$15,000.00 $15,000.00 $10,000.0( 510,000.00 6o /Coareso.g Plate Oil-Water Separator 3 EA 1 $13,000.0(] $13,000.00$14,000.0( $14,000.0~$16,000.00 $16,000.00! $).4,000.0( S14,0(~.0($15,000.0~ $15,000.00 S10,000.0( $IO,O00.OU 61 Catch Basin Insert EA 5 $750.00 $3,750.00 $900.001 ' .~C 56§.00 $325.001 590.0( $450.0( 5200.00 51,000.0(3 $3,000.0( 515,000.00 62 Catcll Bas,;i Filter EA 134 ~75.00 $10,050.00$50.00 · .0( $78,00 $10,452.00$650.0( S87,100.0($150.00 S20,100.00 575.0( $10,050.00 53 Eros,on & Sedimentation Conlrol FA I $!0,000.~0 $10,000.00$ I0,000.0( .0(] $10,000.00 $10,000.001 $).0.000.0(: 510.000.00$10,000.00 510,00O,0(]$10,000.1~ 510,0~0.00 ~,I PSIPE Acer Rubrum "R~'d Sunset" 2.5" cal. EA 65 .... $~15'.0(3 $20,475.00$305.0( .OC $360.00 $23,400.005310.0( $20,180,0($350.00 $22,750.00 5294.0(] 519,1 65 PSIPE Acer Campostre "Hedgemaole" 2.5" caiEA 37 $315.00 $11,655.00$30810( .0~ $350.00 $12,950.00i $310.0( $11,470.0C5350.00 512,950.00 $270.00 $9,990.00 ~r~ PS!bE Pyrus Calleryana "Cllar~tictee~" 2.5" cai EA ).4 $310.00 $4,)A0.00 $295~(~ ' .0C $270.~)0 $3,780.001 $300.0( $4,200.0( $350.00 $4,900.00 $262.0( f;? ~S[PE Quercus Robur "PyramicIt" P.O. NO. 3707 2.5" Cai, EA 14 $310.(~0 $4,340.00 $305.0( .0( $300'.00 $4,200.00 $310.0C $4,340.0( $350.00 $4,900.00 $]84.0(] $3,976.00 ~:: ;'SIPE Caloce0rus D~currens ([nsence Cedar) 6' - 7' r:r EA 5 $150.00 5750.00 $135.0C .0Q $300.00 $1,500.0( $140.0C $700.0( $200.00 $1,000.00 $170.0(] 5850.00 bY PSiPE Er,ca Carnea 8" sO. EA 1,053 $6. I0 $6,423.30 $5.98 ~:)5 $8.00 $8,424.00 $6.0( $6,318.0C $19.00 S20,007.00 513.6~ $14,320.8(] ?(J ~SIPE Berber,s Thullberg,I · "Crlnl. Pygmy" ~" $0. EA 1,044 $6.50 $6,786.00 $6.25 .0Q $8.00 $8,352.001 $6.5C $6,786.0C $7.00 $7,308.00 $15.2(] $15,868.8(] 7] )SLOE Prunt~s LauroCerasu$, "Mt Vernon" 8" S0 EA 2.194 57,20 $tS,796.80 $6.9C 16~ $8.00 $17,BB2.001 $7.~ 51B,35B.0C $22.00 $48,268.00 S13.6C 529,838.4C /2 ~'S;PE Comus Solondera - "KelseyF' I2" bt EA 388 $!6100 $6,208.00 514.95 55,800.6(] $15.00 $§,820.0( $)5.0C $5,820.0( $).8.00 $6,984.00 $).)..5C $4,462.0C 73 ~$1PE Festica Glauca - "Blue rescue" 8" s~EA 619 S6.50 $4,023.50 $6.).5 $3,806,88 $8.00 $4,952.0( $6.5C $4,023.S(] $8.00 $4,952.00 $13.8(] $8,542.2C 7~ ]~IPE Pil'~us ~ugb Var. "Pumilto" 15" 5p EA ).12 524.50 $2,744.00 513.9'~ S2,682.4C S22,00 $2,464.00 524.0( $2,688.0( $38.00 $4,256.00 $26.4C $],956.8C 75 PS,bE P,nus htugo Var, "~4ugo" 15" SD EA 20 $27.00 $540.00 $25.2§ 5505.0~ 520.00 $400.00i $26.0( 5520.0( $26.00 $520.00 $24.00 $480.0~ /? ~SIPE RhO~Odenc~ron "Un,quo" 2~" s~ EA 21 533.50 5703,50 S32.2'~ $677.25 $30.00 $630.00 533.0( 5693.0( $$0.00 $1,050.00 $42.0(] 5882.00 7~ ~SIP£ Azalea "tbno Crimson" ~2" SD EA 38 $15.50 $5B9.00 $14~§ $568.1C $15.00 $570.0( $15.0C $570.0( $17.00 $646.00 $24.4(] 5927.20 ?~ PSIPE Cistus x ,¥br~us 12" sb EA 89 S20.~X) $1,780.00 $15.5C 51,379.$C $18.00 $1,338.00 $1610( $1,424.0( $24.00 $2,136.00 $14.6C 51,299.4(] ~(] PSiPE Jumperus 5q~mata "Ulue Star" 15" $~ EA $5 $20.00 $1,100.00 $14.95 $822.25 $14.00 $770.00 515.001 $825.0( 528.00 $1,540.0(] $18.7C $1,028.5(] ~1 !PSIPE Dabbne Cn~rum "Ruby Glow" 8" sp EA 458 S).2.15 $5,564.70 511.7~ 55.358.6~ $2)..00 $9,618.00 $~2.001 $5,496.0( $2100 $9,61B.0~ $).$.7~ 57,6715C 82 IPSIPE ROS.SIi~aK-/O/i~ii~ahs "Prostratus" 8" Sp EA 443 $9.00 $3,987.00 $8.5C 53,765.5C $8.00 $3,544.00 $9.0( $3,987.0C SH.O0 $4,873.0(] 514.2'~ $6,312.7~ ,~3 ~SI~E V,burnun~ Davidi, 8- sp EA 2,295 ' $6,50 514,917,50$6.4C $14,688.0($7.00 $16,065.00$7.0( $16,065.0($6'.00 513,770.00 $14.~C -."~ 8,4 P$1?E EuO~yn~us rortJne, "E~era~ Gaiety" 8,, sb EA 81 $8.'00 S648.00 $5.95 $481.95 $8.00 $648.00 $61'0( $486.0( $7.00 $567,0(] $12.8( ~L ~SIPi- Rubus C~'t}¥ClnO,des O,. so. ,1- pot EA 8,275 5].25 518,618.75$2.2C $18,205.0C$3.00 $]4,825.00$3.0( $24,825.0($2.00 516,550.00 56.20 . ~;:.~ ~,ic: L~i.,~n SF 29,55] $0.85 $25,119.2050.8(] $23,641,6(] $0.60 $17,731.20$1.0( $29,55].0($0'.50 $14,776.0(] $0.55 :/ 'J,~rk I-tulCn CY 180 ' , $28.00 $5,040.00 526.75 ,0( $34.00 $6,120.00 $27.0( $4,860.0( $32.00 $5,760.0~ 532.0( ~8 Fao SO~I CY 723 $28.00 $20,244.00$25.5(] .5C $28.00 $20,244.00$26.0( $18,798.0($28.00 $20,]44.00 $35.0( .'~ ~9 o~a~t,~g Striu S~d (J~s~J~ ~a~k) SF ]1,333 50.78 $16,639.74$0.75 .7'~ 50.70 $14,933.10$1.00, $21,333.0(50.50 $10,666.8(] $1.4~ :~3 ~,ulo~)at~: Irr.ga:~n System Complete LS I $80,000.00 $80,000.00570,115.~ 'iOC $75,000.00 S75,000.00$75,000.00 $75,000.0($25,000.00 $25,000.00 587,900.0( .'~ ~i Irr,gaho~ Fo~ce Account tar Behil~d Sidewalk lrrigat~n Repair FA I ' $20,000.00 $20,000.00$20,000.0(] ...'0(] $20.000.00 $20,000,00$20.000.00 $20,000.0($20,000.00 $20,000.00 $20,000.0( · .-~ ~,2 Ce~nt Co~c. Curb & Gutter LF 7,322 59.28 567,728.5056.0C '.'~ $11.00 $80,542.00$).2.0( $87,864.0C$20.00 $146,440.00 $10.0( .'~ 93 Extrude~ Curb, Type 6 LF 10,130 $4.10 $41,533.00$4.0(] .0( $4.00 $40,520.00, $4.0C $40,820.0($5.00 $50,650.00 $5.0( .-~ 94 Integral Curb SF 2).3 $301~0 $6,390.00 $23.0( .OC $10J00 $2,130.00 $30.0( .0( $25.00 $5,325.0~ $20.0( .'~ ~S Ipr~ast Type C Traffic Curb LF 350 $13.50 $4,~25.00 ' $1310(! " J.~)C $12.00 $4,200.00 $13.00 s .'0( $15.00 $5,2B0.0(3 $10.0( ' 96 tbs F~A 14 $70.00 $980.00 $68.0(] .0~ $75.00 $1,050.00 $78.00 ' .0( $80,00 $1,!20.O0 $2B.0C 97 SF 624 ' 5).3,50 $8,424.00 $10.0(~ .0( Sg.00 $5.616.00 550.0( · .0( $15.00 $9,360.00 $4.0( :-, , 98 asr EA 13 $30.00 $390.00 $40.0~ .0~ ~. '1 .00 $100.0( · .0( $60.00 $780.00 $75.0C 5975.0C 99 · Fence EA 275 ' $20.00 $S,500.00 $~),.0(] .0~ % s .00 $11.0( .0( $15.00 $4,125.0(] $20.0( $5,500.0( :~jlj ument Ca'~e & Cover' EA 2 ' 5300.00 · · ~) $30010(3 ' ' : .l'.~ : .~ .00 $500.0( ~. -- .0( $400.00 5800.00 $400.0( $800.0( ;01 nc. Sidewalk 5Y 5,909 $19.00 '. ~) ~'i'~0 -I "i $23.0C .0( -) $206,815,00 i $129,998.00 ~02 · Reset~aitbox EA 5 $200.00 · -. ~) .I ~ 1.0~ · · -) t · -~ $250.0C .0( ~. · -) $1,500.00 ; · · $1,000.0~ 104 16th & SR 99 Traffic Signal& S~gnal hlterconnect LS I $185,000.00 -- ~ $ -. .) ...... r ~ $155,000.0C ~ -- .0( s -- -) $280,000.00~. -. · $149,000.0~ I05 20th & SR 99 Tralf~: Signal & S~nal Interconnect LS ). 5).00,000.00 · · -. O -. -~ ': .. · ~, -. .i ' .- · $100,000.0C ; · -- .0(.. .) $60,000.00 .. · $).9,000.00 :06 241h & S~ 99 Traffic Signal& Signal Interconnect LS I $145,000,00"'.- O ~ .. ., , .. · ~ .... II .. · $).25,000,0~ ., .- .00 S -- .) $250,000.00· -. · .~ ~,ght,ngSvstem LS I $350.000.00 -- ~) $ ...... $350,000.0Q --.00 $ ,, -) $ · .00 ~ -- - $354.000.00 109 errs:al System LS I $105,000.00 · -. ~)).... . ..... · -- - $100,000.0~ s · .-.0~ ,, .) -,.00 ,, · $63,000.00 113 .Karaoke, Etc. u/GServ~ceConvers~n LS I ~ ,LO0 ~, · ~), " · ·~ ~ ,- · $5,000.00......... · ,~ O0 ~' ,- ,~ ~ ,-.00 '~ · · $2.500.00 Kemtuck'yFriedChickenU/GServk:eConversion LS I ~ ,i.00 ~ · ~) ..... -."'~', ~ '~", ~ · · $5,000.00 ,~ 00 $ ~ · '',: ;:~ Permanent Si9,ing LS 1 $16,000.0~ $16,00Q.~ $15,000.00 $15,0(30.00 $13,000.00 $13,000.0C$25,000.00 $25,000.00$10,000.00 $10.000.00 520,000.0C ~a,mis" White S[op Bar (I.later~,~{ lyl~e ,ii LF 859 ' $9.40 $8,074.6(]$9.00 $?,731.0~ $10.05 58,632.95 $9.00 $7,731.00 $10.00 $8,590.00 $12.0( $i0.308.00 ~ $,i.00 ,, $35,811.0053.50 $41,779.50 $3.00 $35.811.0~ ~~~l m im~ m i~l~ m ~~1 ~ml~ ml~~ m~m ~ ii:: ,C,ass. 50 ~) ..... ! ...... bO 'or W ........... 12 h, D,alI .... F 730 $100.00 $73,000.00 ,50.00 ,36,500.00 'S48.00 S 35,040.00 $65.00 ¥47,450.00 $80.00 $55,400.00 $50.00 $36,500.00 ; :> !5e'v,ce R.~.ulilO:mu~/t i !1~ S,,igle.r~*2ar 5¢Ie EA 10 $750'.?C $7,500,0C $1,000,00 $10,OOg.0O $500.00 $5,000.00 $I,000.00 510,000,00 $1,200.00 $I2',O00.06 ' ' $725.00 $7,250.00 ill ?OlJd,~g Supj)¥ Lille L~ ' 4S0 $8,00 5:1,600.0C543.00 (19, JS}~.00$20.00 $g,000.00 SS,00 53,600,00 $20.00 $9,000.0C 515.00 $6,750.0( 152 [~emoval.and Dis~sal of'Asbestos Ceme,t Walcr hlmn LF 600 $15.0C 59,000.0~ $I0.00 S6,000.00 $15.00 $9,000.00 ' $20.~30 $12,000.00 $10.00 $O,O00.0O $§0.00 $30'i~)0.0C :~J !;<emo~al and D,sl~s~,) o1 D~,ct,)c lrvn,!'~aicr ~a,~ LF 3O $1o. i,,, $300.06 $10,00 S30Q.00 S20.00 $600.00 $12.00 $360,0(] $10.00 $300.0C $10.00 ii .............. 0 ...... t,u.Y,-, ' .... EA 2 5500'.C~ $1.000.00 5325,00 f. 6~),QQ5325.00 5650.0Q $$00.~3 $ I,OQO.0(]$100.Q0 $200.0( 5350.00 $700.00 J~)l;~sta.~Ha~dt~ole, 233-LA EA ' ' 6 $500.00 $3,000.0( $450.00 $2,700.00 $450.00 $2,700.00 '$500.00 $3,000.0fl $250.00 $1,$00.0( 5350.00 ~,,100.00 .. i;;,,:~.,, r~dlJdh~Sc, ,'61 Ti, EA 13 Sl,00O.0O $13,000.0C S900.00 $11,70~),00 S900.00 S11,700.00 '$600:00 $7,800.00 $q00.00 $5,200,0'g S350.00 '$4,~50.00 EA S $500.0g S2,500,0C $425.00 $2,125.00 . $450.00 $2,250.00 S$0fl.00 $2,500.00 5250.00 $1,250.0~ S350.00 S 1,750.00 103 jlnstatl 3.1nth Power & Commmlication Conduit L~' 350 ' ' 52.00 $700.0C $1.50 5525.00 ..... $1.30 5455,001 52.00 $700.00 $1.00 $350.00 $4.00 $1,400.00 165 InstaiJ6-b)chPower&Cor~nunicabo'nConduR ' LF 9,500 $3.0( , , $28,500.0( $2,$0 $23,750.0g · S3.00 52B,SO0.O015~.00 S~8,000.00 $~.00 59,S00.00 S'~.SO $~12,?S0.0( 166 Instal1 Handhoie, Fiberglass SecondarY HH 23"x33"x 15" NID EA 2 $500.0C $1,000.00 $as0.o0 $700.00 $300.00 S600.0 $500.00 $1,000.00 $100.0O $200.00 $500.0( 167 last. all Handl~ole, Concrete SecondarY HH 2'8"x3'8"xa; MiD EA 8 $!~00.~ $4,000.0C $400.00 $3,200,00 $375.0( $3,000.0( $600.00 $4,800.Q0 $150.00 $1,200.00 $500.0( $4,000.0C 168 Install Vault, hlimOaO Transformer vaull 36"x42"x38" MID EA 14 $500.0C $7,000.0C 5450.00 $6,300.0() $450.001 $6,300.0( ' ~fg)0.00 $$,400.0Q $~:00.00 $2,B00.00 $500.0( $7,000.0C 169 Install Vau~t, 3 phase Transformer Vault 4'$"x4'8"x3'6" MID EA 3 $650.0( $1,950.0C $$90.Q0 $1,770.00 $600.00 $1,800.0( $900.00 $2,7D0.QO $300.00 $900.0( $7'50.0( Install Vault, UG Transformer Vault S'] l"x11'4"xS'2" HiD # [nstarl Vau~ 575 AdJ Pull Vault 4'8"xT'xS'8# HiD 766320~ Install Vault, 575 Pull Vaurt 4'8"xT'x$' HID 7663200 Install Vault, Pull Vault 5'1 l"xll'4"x8'2" HZD # 79071[0 Install Vault, Switch Vault 5'11"x~.l'4"xS'2" Hid # 7906902 SCHEDULE E 175 Install 4-[rich Power & COmmunication COnduit Sl,8~.~ $10,8~.~ $1,650.~ $9,9~.~ $1,5~.~ S9,~.~ $1,1~.~ $6,~.~ $450.~ S2,7~.~ $1,~.~ $5,~.~ $15,~.~ $4,250.~ $12,750.~ $5,~.~ $15,~.~ $2,2~.~ $6,6~.~ {9~.~ $2,7~.~ $1,250.~ $3,750.~ SX~ m *124,~S.0~ m $13~155.0~ ~ $1~,500.0~ ~ $47,~S0.0~ $156,900.00 $2.S0 $~,~.~ $2.~ $79,2ffi.~ $1~0 $59,~.~ $3.~ $118,8~.~ $1.~ $39,~.~ $4.~ $158,~.~ $1,5~.~ $4,5~.~ $~,250.~ $3,750.~$~,2~.~ $3,~.~ $2,2~.~ $6,~.~ $450.~ $~,350.~ $~,250.~ $3,750.~ s3,s~.~ ~s~,~.~ s~,~so~ ~ss,~.~ s3,~.~ se,~.~ s~,2~.~ s4,~.~ s~.~ s~,e~.~ sx,2so.~ s~,s~.~ $3,5~.~ $~4,~.~~ $1~,~.~ $2~.~ $11,2~.~ $2,2~.~ $8,8~.~ $9~.~ $3,6~.~ st,~so.~ s~2,5~.~ s~,~.~ s~e,~.~ $s,~.~ sz~,~.~ s~,~.~ s~9,e~.~ s4so.~ se, z~.~ s3~.~ $~5~000.00 $~2~050.00 $20~200.0~ ~ $260,600.0~ ~ $55,450.0C $X78,450.00 $6,0~,247.0g $~,271,125.70 $6,327,293.30 ~,~,~0.ss $7,088,07~50 $1,600,067.0~ $334,804.8C $306,979.20 $269,334.40 $360,103.52 $355,422.40 $3~5,003.2~ $6~,37S.0a $60,225.00 $58,410.00 $71,~00.00 $37,050.00 $9~800.0~ $1~,200.00 $124~5.00 $~3~155.00 $1~,500.00 $47,750.00 $15~000.00 $12~050.00 $10~200.00 $160,600.0C $55,450.00 $6,723,626.89 $~,884,824.9C $6,889,39~7C $7,191,~34.07 $7,583,7~.90 $6,342,220.2g SUBTOTAL SCHEDULE (bid Items Include s~ SUBTOTAL SCHEDULE (bid Items Include tale~ TOTAL SCHEDULE; TOTAL SCHEDULE TOTAL SCHEDULE C TOTAL SCHEDULE r~ TOTAL SCHEDULE TOTAL ALL SCHEDULES A+B+C+D+E CITY OF ~ ST w^Y SOUTH 33530 1 DATE: June 3, 2002 TO: FROM: RE: Eric Faison, Chair Land Use and Transportation Conunittee Marwan Salloum, Street System Manager South 298th Street Vacation SUMMARY/BACKGROUND: The Public Hearing for the Portion of South 298m Street Vacation was held at the December 19, 2000 City Council Meeting. No public comments were received, and the City Council approved Resolution #00-333 directing the City Attorney to prepare an Ordinance vacating a portion of South 298th Street upon the satisfaction of the following: A. All existing utilities within the right of way area to be vacated.have been relocated into the new right of way or a utility easement has been granted to the City over Existing utilities. B. The new street alignment of S. 298th Street involving the substitute right of way has been constructed and the City has accepted the construction. The City has verified the substitute right of way is of equal or greater value than the vacated right of way. If the substituted right of way is of less value than the vacated portion, the Petitioners shall have paid the difference to the City. All utilities in the area to be vacated have been relocated into the new right of way. The new street has been constructed and found acceptable by the Public Works Department. The owner of the abutting property to the north (Pageantry Communities of Washington) will be dedicating, as substitute right of way, an area of 13,500 fully developed Right of Way. The portion of South 298th Street to be vacated has a total area of 8,840 square feet The owners of the abutting properties have satisfied the conditions outlined in Resolution #00-333 and the substitute right of way will be dedicated as part of the final plat to be approved subsequent to this vacation. An ordinance vacating the property is attached to this memo for approval, and staffwill be present at the Land Use and Transportation Committee meeting to answer questions and provide additional information as needed. RECOMMENDATION: Staff recommends forwarding the attached ordinance to the June 18' 2002 Council meeting for first reading. MS:dl Enclosure cc: Project File Day File k:\lutc~2OO2\s208 stre¢! vacation ordinance doc ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, VACATING A PORTION OF SOUTH 298th STREET IN THE VICINITY OF THE INTERSECTION OF SOUTH 298th STREET AND MILITARY ROAD. WHEREAS, a valid petition has been filed by the owners of at least two-thirds of the abutting property requesting vacation of a portion of South 298th Street, in the vicinity of the intersection of South 298th Street and Military Road; and WHEREAS, pursuant to Resolution 00-333, the Federal Way City Council held a public hearing at its regular meeting on December 19, 2000, to consider the petition for vacation as required by state law and Federal Way City Code Section 13-102; and WHEREAS, following the conclusion of the public hearing on December 19, 2000, the City Council considered the proposed vacation and its compliance with the vacation criteria outlined in FWCC Section 13-102, and decided to grant the vacation pending satisfaction of the conditions outlined in Resolution 00-333; and WHEREAS, Pageantry Communities of Washington, the project developer, is dedicating a substitute right of way, of equal or greater value as part of final plat approval under file number 02~ 101104-00-SU, that will better serve the public interest by allowing for a realignment of South 298th Street to a perpendicular intersection with better site distance and reduced turning movements at the intersection of Military Road and South 298th Street; and ORD # ., PAGE I WHEREAS, the owners of abutting property have satisfied the conditions outlined in Resolution 01-333; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Vacation. That portion of the right-of-way of South 298th Street, in the vicinity of the intersection of South 298th Street and Military Road, as described in Exhibit "A" (legal description) and as depicted on Exhibit "A- 1" (vicinity map) attached hereto is hereby vacated. The property lying in the portion of the right-of-way described in Exhibit "A" shall be returned to and belong to those persons entitled to receive the property in accordance with state law. Section 2. Recordation. Upon passage, approval and publication of this ordinance, the City Clerk is directed to cause this ordinance to be recorded with the King County Department of Records and Elections. Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. ORD # , PAGE 2 2002. PASSED by the City Council of the City of Federal Way this day of CITY OF FEDERAL WAY MAYOR, JEANNE BURBDGE ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ordinXs.298-military vacation ORD # ., PAGE 3