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LUTC PKT 05-20-2002Nay 20, 20o2 5:30 pm City of Federal Way *"' ,". City Council Land Use/Transportation Committee.? City Hall Council Chambers MEET/NG AGENDA 2. 3. 4. CALL TO ORDER Approval of Minutes of the May 6, 2001, Meeting PUBLIC COMMENT (3 minutes) BUSINESS ITEMS A. Public Requests for Zoning Code Changes B. Possible Expansion of Federal Way Potential Annexation Area C. Interlocal Agreement for Storage Space Action McClung/20 min Action Burhans/10 min Action Salloum/15 min FUTURE MEETING AGENDA ITEMS ADJOURN Committee Members: Eric Fa/son, Chair Dean NcCo/gan Michael Park City Sta~: Kathy McC/ung, D/rector, Community Development Services Sandy Ly/e, Administrative Assistant 253. 661.4116 K ,LUI'C Agendas and Summaries 2002\May 20, 2002. LUTC Agenda doc May 6, 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; Assistant City Manager Derek Matheson; Director of Community Development Services Kathy McClung; Public Works Director Cary Roe; Deputy Director of Public Works Ken Miller; City Attorney Bob Sterbank; Assistant City Attorney Karen Kirkpatrick; Traffic Engineer Rick Perez; Administrative Assistant Sandy Lyle. CALL TO ORDER Chair Faison called the meeting to order at 5:35 pm. APPROVAL OF MINUTES The summary of the March 18, 2002, meeting was approved as presented. PUBLIC COMMENT There was no public comment on any item not included in the agenda. BUSINESS ITEMS A. Regional Transportation Package - In the state adopted Transpodation Bill, a regional transportation district was also created to authorize a regional transportation package to be presented to voters. The new regional transportation district must consist of King County plus either one or both Pierce and/or Snohomish Counties. The planning committee that develops the package is to be made up of all the county council members of all involved counties and will have a seven member executive board. The regional package will be presented to voters after the statewide vote in November to give cities time to go back to the Legislature and amend the regional bill to give cities a greater role in planning and governance of the regional transportation district. The City will press the planning committee to actively involve cities in project and fund source selection, and will work with other cities through forums such as the Puget Sound Regional Council, Suburban Cities Association, and other subregional transportation boards to promote City involvement in the process. The Committee m/s/c to recommend to the City Council to approve projects in and near the City (I-5/SR18/SR161 Triangle;I-5 & 272nd Street; SR99 Phase III & IV; SR167; and SR509) and amended the slate to also include I-5 HOV Lanes. Update of Housing Targets - Housing target numbers have been finalized by King County Planning Directors for the Growth Management Planning Council (GMPC) packet for the May 22, 2002, meeting. There will be a vote in July. Federal Way's housing targets were significantly reduced from the total numbers originally assigned in 1992 to 650 above housing capacity. Many ways are being considered to meet these new, lowered numbers. Update of Permit Process Review - Data from the 388 Permit Process Surveys has been input. The stakeholders on the committee for the review of the Permit Process Survey met and began their discussions of the information received. The same questions were answered by all respondents regardless of the size and scope of their projects (i.e., mechanical change-out to major land use issues). The Committee will meet a total of five times through June and will consider such things as how well the different entities in the Permit Process (City Departments, Fire Department, Lakehaven Water/Sewer) interact with each other in producing successful projects and satisfied clients. FUTURE MEETINGS The next meeting will be May 20, 2002. ADJOURN The meeting adjourned at 6:25 p.m. K:\LUTC Agendas and Summaries 2002\May 6, 2002, LUTC Minutes.doc MEMORANDUM TO: FROM: VIA: DATE: RE: Land Use and Transportation Committee Kathy McClung, Director of Community Development Services David Moseley, City Manager May 15, 2002 Citizen requests for zoning text changes Attached please find the staff report for six requests from citizens to change existing zoning regulations. Four of the requests 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. These requests follow the same procedure as the Comprehensive Plan changes you recently reviewed. Once the requests have been reviewed by the LUTC, a public hearing will be held before the full Council. Requests recommended for further study will go to the Planning Commission for a full review and public hearing and a recommendation will be forwarded to the LUTC and full Council for adoption. CITY OF FEDERAL WAY STAFF REPORT May 2002 Selection Process - 2002 Zoning Code Text Changes BACKGROUND The Growth Management Act requires jurisdictions to allow the public to suggest updates to their codes and comprehensive plans once a year. Pt~rst~anl to Fedex-al Wa), CiO, Code (FWCC) Section 22- 523, after tile deadline for accepting applications, thc City Council shall hold a public tlearing alld select those docketed amendment requests il xx.'i~st~¢.$ to move to thc Planning Commissio~l for fMrttaet' consideration. It is tl~e City'.s practice th:~t all ('try l)[15, illc5,54 Dc presented to a Council ¢'om~n~ltce. il~ tl~is case the l~a~ad Use/'l'ranstao~tatlo~a (7ovl-~laittcc' (IAJ'I'(;), bcl-orc Cou~acil delilaerittiol~. Tt~c recommended Comprehensive Plan rccttlcsts hi~x'e ah'cady/)ec~a through tlac LUTe Conanaittec this year. Tlais staff report will only address tl~c Fecltlesls l'ot ×oni~ag text anacIact~aae~lts. Il TI,;×w CiI:\NGILS PI~,OI'O~SED The City has received six requests frol~a lh~cc ~actix'iclt~:~l~. Reqttex! #l - Text Ame~admcut to allow cl~urct~cs, sS'l~agogues, or other places of religiott5~ worship in tile Neighborhood Busllacss (llN) >'.o~c 13h: 'r'otmg Chul Joe & (Joe .la Joc (Exhibit A) l~cquest//2 - Text amenctme~at to inc~ c~sc thc dc~stlx for ~at~lti-ctwelling }~ousing from 3600 square feet per unit to 1800 sqtlarc {~cl pc~ u~/~t. :l~ct this usc be allowed in thc groutad in the tgN zoning district, l~¥: Yot~t~g ('l~ul .loc ata(t (icc) .In Joe (l{xlaibit B) Request ,4/3 Text amcndmeilt lo allow l lealll~ ('lt~t~ tit,.cleF lC, trail [']stablishme~lt t)rovidi~ag r¢creatio~lal ~ctix'itics ill thc t3N zotl~/g distric~ t{¥: 5'oung ('tarsi Joe arid Goo .1:~ Joc (lSxl~ibit Park (I:~P) 7X)Ilillg (ti~;ttict. 1:~¥' l&otac~! l lart (I('~l~tl~ll t'} Ill REASON FOR COUNCIL ACTION Pursuant to FWCC Chapter 22, Article IX, "Process VI Review," tile City Council is required to review all requests concurrently. Ft.qhcr, prior to adoption, thc Council is required to hold a public hearing, at xvhich time it selects those amendment requests it xvishes to consider for a.doption. IV PROCEDURAL SUMMARY FOR 2002 COMPREItENSIVE PLAN AMENDMENT PROCESS September 30, 2001 Deadline for Applications May 20, 2002 LUTC Meeting - A summary of all requests will be presented to the LUTC for determination of which requests should be considered during the upcoming amendment process. June 17, 2002 Public Hearing by City Council. \". STAFF ANALYSIS AND RECOMMENDATION Potential Changes [o the BN Zone Back&~round Chami Joe Re is one of tile owners of the Northshore Shopping Center located on thc west s/de of 21st Avenue SW and 356'h Street. She and other partners have owned tile shopl>ing center for approximately txvo years. During tllis time silo has approached the City about locating a church, batting cage, illness center, and nighlclub in file center, none of which are specific uses allowed under cmTent zoning. l let property cmTently has four small tenant spaces that are leased, but there is another 17,000 square feet that is vacant. The last tenants to use this space were a thrift store and a loxv-end furniture slore. '1 here are eight BN areas xvithm the City located at 340'~' Street and l.loft, 356"' and 2l~t Avenue SW .... m and Avenue SW (Twin Lakcs), al? ami Dash Point Road, 317 and 8th Avenue SXV. 3_)0' ,h add I ~' Avenue South (tim Quad) and Military Road and South 28~8'". The pm~ose of thc BN zone according to the adopted comprdmnsivc plan is . .pro\,'idc convenient goods (c.g. grocc,-ics and hard\yarc) and services (c.g. dry cleaners, dentist, bank) at a pedestrian and llcighbol hood scale close 1o adjacent residential uses. l)evclopments combining residential and commcrmal uses p~ ovide a conxcnicnt living environment within those nodes." I&'qm'w .q/ To allow churches, synagogues, or other place of rcli?ous worship m thc BN zone. ('hulci~cs arc currciHly permitted in all rcsidcnllal/oncs, ami Irc 'ommtmlt) l/usiness, City ('cnlc~ ('{,to ami l:ramc /ones. (Thurchcs arc m)t curlcnllk [)Ctlllillcd II1 Ncighl)orhood Ilusincss, .}{HI? ~.Olllll?_ ( O([t' I k'\l ( %,.'[t'tllofl I)loct'~,-, Nl:lil Office Park, Professional Office, or Business Park zones. Permitting small-scale churches that serve the immediate area would not be m conflict with the purpose of the BN zone. Staff Recommendation: To proceed further in the analysis of allowing churches in the BN zonin~ district. Request #2 - To increase density for multi-dwelling housing fi-om 3600 square feet per unit to 1800 square feet per unit, and to allow multi-family dwellings on the ground floor in the BN zoning district. MultM'amily housing units are currently allowed in the BN zoning district under certain conditions: * The use cannot be located on the ground floor of the structure and must contain one or more other uses allowed in this zone. * The property must contain at least 3600 square feet per dwelling unit or one acre for every 12 dwelling units. Any multi-tMmily usc must be setback a minimum of 20 feel and must not exceed 30 feet in height tYom any residential zone. ('rearing mixed-usc developments that incorporate housing and meet thc commercial and service needs of thc surrounding neighborhoods is desirable. Tim iarimary usc of the BN z. oned property should remain commercial and service uses. However. ~t is possible lo keep these uses and still ~ncorporatc flccstanding multt-J~mqily units in avm icty of methods. T}/c design of thc overall p~ojcct should be the focus, rather than a density cap or a ground fleet ~cstr~ction m cve~y case. Staff Recommendation: To proceed further in the analysis to nlloxx multi-family unils in the BN zone without the ground floor restriction and reducing thc deusitv rcquiremeut f,'om 3600 square feet per dwelling unit to 1800 square feet pc,' dwelling unit. Rc.q.est :~3 To allow tlealth Club under Retail Establishlncnt ploviding recreational amenities thc BN zoning district. 'Ibc ('ity has received a number of requests from dtl'l'c~c~t p~opc~l} ownc;5 m~d a<cnts Io pct-m~t health club tSq>e l~cilities in the BN developments. Most of ibc requests have been lbr small, neighbor laood style exercise lTicilitics that would allow people Iivilqg i11 {}lC neighborhood. In l}~ct, there arc a lkw off these smaller I~lcilltlCs that allcad CXISl ill thc I~N zone. Thc zoning regulations do cslal~l~sll~lqct/l al [tlc discl'ction of thc Commumty 1 )cvclopmcnl I)l~cclor. lmc~ i>t'ctat~on ill November 200t, which allows health cluh l}~ciJll~c5 JO I'oI III;lJl/,C this ii/tcl-pl-clatioll of solllc Ibl In of thin illJCl'pl cl;tllOll I~ dcsi~ able. hlall I~,ccommendation: '1'o proceed ,~,,ilh I'urthcr analxsis el alhm iu~ small, heallh club I'acililic, s iu thc lin zouing districl. Request g4 - To allow indoor baseball batting cages under Retail Establishment providing recreational amenities in the BN zoning district. Currently, thc BN zoning district does not specifically permit any recreational use. Providing recreational amenities tbr the neighborhood seems in keeping with the intent of Neighborhood Business as long as the facility is the size and scale of a neighborhood business, rather than attracting a regional draw. Staff Recommendation: To proceed with further analysis of allowing small, recreational uses within the BN zoning district, including batting cages. B. Pete;trial Changes to the BP Zone Backgrotmd - Thc City has received two requests for changes in the BP zoning district. The purpose of thc Business Park zone according to the comprehensive plan is: "...intended to capture tile growing demand for higher quality, mixed use business parks which permit a mixture of light manufacturing, warehouse/distribution, office and limited retail uses to serve the immediate needs in the area." 'File (-~ity has received a number of requests in the past few years to change thc Coml)rehensivc Mal) and zoning for existing BP land. Large parcels of note are the "Kitt's Corner" property that is cun'ently being rcvic\ved under a developer's agreement to BC zoning for a mixed use project, thc Ch[is[iitll t:ailh (:tilt(dr property that is currently being reviexvcd under a developer's agrcemcm to RM zonirlg to construct a church, Rob Rueber's request on behalf ofClerget Industries and STRS Associates to change to BC zoning for future development of retail. City staff have already been contacted by other oxvners of BP zoned land in order to prepare a request fol- a zoning change itl next year's comprehensive plan change process. The uses currently allowed in tile BP zone may not be flexible enough to respond to today's market. Thc C~ty created the Bt) zoning district in 1995 when the Manufacturing Park zoning (lcsignation was climinatcct. Request #5 To increase thc of lice area allowed per tenant in tile BP zoning district. Bob Hart owns three parcels of BP zoned land along 9d' Avenue South. In the past few years, Mr. t lart ohlamcd building permits lo build three multi-tenant buildings on Ills property, which is called ~hc Federal Way Corporate Center. Mr. tlart constructed onc oJ' ~hc buildings, but has l~)tmd it di l]'lcull lo Ic~sc out thc spaces partly due to the restrictive na~m'e of Iht zoning lhc code rcsmcts lhc amount ofoflicc space of any patlicular tenant to 50 percent of thc gross [leer alcz~. M~ Il:ut conlends fha! there are many users that require up lo 80 percent oft~ce space, bul als(~ h:ix c :l nccd l'oi W~tlchoHsc space, l to suggests lwo alternatives lo s{~lx c Ihe problem: 1. /\lh~xx lilt,lc el'lice ;.llltt avoid Iht distinction between j)Hn13r}' and :.mcmlt:uv usc. 2. Conform to the existing zoning restriction on a per-project basis instead of per tenant. Both of these alternatives have merit and warrant further study. Staff Recommendation: To further study the proposal to increase tile amount of office sl}ace l}ermitted in the BI' zone. Request ii6 - To allow existing nonconforming Office buildings in the BP zone to be permitted outright. Mark Freitas is a Real Estate Broker who primarily does business in Federal Way. Mr. Freitas' concern is the small office buildings already existing in the BP zone that become difficult to lease after a tenant leaves. The code alloxvs the office use to continue as a legal nonconforming use as long as no improvements are made to the building that exceed 15 percent of the assessed or appraised value of the structure, or the property has not been abandoned (FWCC Section 22- 332). Mr. Freitas believes that this policy discourages small business from locating within tile City, and/or that they distort the truth in order to meet the existing zoning requirements. At this point, City staff has not researched how extensive this issue is or how many buildings exist within the BP zoning district that may be difficult to lease because they were built prior to incorporation and may not meet existing requirements. Staff does recognize that some changes to thc BP zoning requirements may be warranted in order to make the zoning more usable m this zoBc. Staff Recommendation: To further study existing non-conforming office buildings in the BI' zone for llc×ibilitv of future use. VI. SELECTION CRITERIA FWCC Section 22-523 stipulates criteria for selecting amendments for further consideration. Whether tile same area or issue was studied during the last amendment process and conditions in thc immediate vicinity have significantly changed so as to make the requested change within tile public interest. Staff Comment: Thc (7ity has not previously studied any of these requests. Several of tile BN zoned properlies arc older, neighborhood shopping centers that at one time had grocery stores as their anchor tenants. Many grocery stores have left these centers to meet market demands lbr "one slop" regional slopes Adding flexibility to the uses in thc BN zone while still rclaming thc neighborhood cha~'actc~ is m thc public interest. Owners of BP zoned land have increasingly requested rezoncs of their land to P, usinc% ('omnlcrcial (P,('). Increasing tile l'lcxibility of office uses with some manufacturing ot xvarch<~usc space help5 l'Cl[till these lands in it's current zoning which il/ the public inlc~c>;t 2. Thc proposed amcmhncn! ~s consistent with thc overall vision of Iht comprehensive plan ~taff ('ommcnt: ;\Il ;tlncmlmcnl icclucsts afc consistcut \vith thc x:isloll ol' thc COmlwchcn'qvc ')009 Zonm,, ('ode 'lcxl ('ham,t's I'a!',c q plan as discussed above. 3. Whether the proposed amendment meets the existing state and local laws, including the Growth Management Act (GMA). StaffColnmcnt: All requests meet cxisting state and local laxvs, including the Growth Management Act. 4. In the case of text amendments, or other amendments to goals or policies, whether the request benefits the City as a whole versus a selected group. Staff Comment: If the proposed amendments were to be adopted, they would benefit many propeaies and not a selected group. If the request meets the criteha set leah subsections above, it shall be fuaher evaluated according to the following criteria: 1. Whether the proposed amendment can be incorporated into planned or active projects. Staff Comment: If thc Council recommends timber study of any or all of the proposed amendments, they will be forwarded to a consulting firm to research and prepare the staff repoas for Planning Commissiou. Except for the initial preparation with the consultant, this should not impact current projects on the dcpa~ment work pro,am. 2. Amount of analysis necessary to reach a rccommendation on thc request. Ifa large scale study is required, a request may have to bc delayed until the lbllowing year due to work loads, staffing levels, etc. Staff Comment: These requests will no~ require large scale studies. 3. Volume of requests received. A large volume of requests may necessitate that some requests be reviewed m a subsequent year. Staff Comment: These requests can be accommodated m this year's work program. 4. Order of requests received. StaffComment: The lbur rcqucsls xvithiD Ibc [3N zone xvcl'c received on September 2S, 2001 and both requests within thc BP zone were received on October 1,2001. Thc tk)llowing criteria shall bo used 1)5,' Ibc Planning (7omm~ssion and City Council for adopting tcxl amcndmcnls: 1. Thc proposed alncndmcnt is cons~s~cm with thc apt~l/cablc provisions of thc con~prehct~si x'c pla~: 2. Thc proposed amcndmcl~l bcal's :~ suhslimlial ~clalion 1o public health, salEty, or xvcllhlc: alld 2002 3. Thc proposed amendment is m the best interest of the residents of the City. All requests initially meet the above crileria as discussed in the body of this report and should bc studied further. VII (]()UNCIIJ ACTION Pursuant to FWCC Section 22-523(D), based on its review of requests according to the criteria in Section VI of this staff report, the City Council shall determine which requests shall be further considered for adoption, and shall forward those requests to the Planning Commission for its review and recommendation. The Council's decision to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted, nor does it preclude later Council action to add or delete an amendment for consideration. VIII lAST OF EXItlBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E tZxhibit F Application for l~equest l~l flora Young Chul Joc and Goo .Ia Joe Application for Request ~72 flora Young Chul Joe and Goo Ja Joe At)plication for Request l/3 from Young Chul Joe and Goo Ja Joe Application for Request I~4 from Young Chul Joe and Goo Ja Joe Application for Request #5 fi'om Bob t trot Application for Request//6 from Mark Freitas IX. Recommended Motion move to recommend to thc full Council that a public hearing be Colaductcd on June 17, 2002 to consictct moving forward the seven requests for zoning text amendments as recommended by staff." AI'I)I'~OVAL OF (~OMMITI'EI~ ACTION: l)can McCole;m Michael Park DEPARTMENT OF COMMUNITY DEVELOPMEhT SERVICES No(s). C7 t_-- t o3 ; ?_¥ - 33530 First Way South PO Box 9718 Federal Way WA 98063-9718 253-661-4000; Fax 253~661-4129 www.ci.fcderal-way.wa,us Date c~_ 2~- O/ Project Name /%]or'J4q ~h one ~/'czL'c~ _7 r~e~, Property Address/Location 35*/t q - 3550q ParceiNumber(s) 2~ L - /DB - C) D O g~ Project Description PLEASE I)I~.INT Type of Permi( Required Annexation ____ Binding Site Plan __ Boundary Line Adjustmen! __ Comp Plan/Rezone Land Surface Modi~cafion Lot Line Elimination __~ Preapplication Conference ~ Process I (Director's Approval) Process Il (Site Plan Review) ~ Process I11 (Project Approval) ~ Process IV (Hearing Examiner's l)ccision) _~ Process V (Quasi-Judicial Rezone) ~' Process VI _~ SEPA w/Project ~ ~_ SEPA Only Shoreline: Variance/Conditional Usc Short Subdivision Subdivision Variance: Commercial/Residential P, cq u ired I n £o rill a (lo n -~/"J _ _ Zoning ~ .... Comp/-ehensivc [)lan Designation /%~/1 Value of l(xistin,, improvements t~.~ ....... Va}uP of Proposed Improvcmenls U~tilbtm l/uilding Code N.~ Occulxmcy Type _~ ........... Construction Type Apl) licant Address: 50 City/State: T~m~ Zip: '~ Phone: Z5-3~ ZqZ- q22 I Fax: ZO6- Email: Chain; Signature: Agent (if Different than Applicant) Name: Address: City/State: Zip: Phone: Fax: Einai[: Signature: Owner Address: Zip: Q S'/t Z Z Fax: 2C, 6 Young Chu[ Joe E Goo Ja Joe 509 63rd Ave Ct. NE Tacoma, WA 98422 Phone: 253-272-7221 EXHIBi-i_ PAGE__o _OF September 27, 2001 Federal Way City Hall Attn: Ms. Margaret Clark 33530 1st Way South Federal Way, WA 98063 Re: Northshore Plaza Inc. at 35419 21st Avenue SW, Federal Way, WA Dear Ms. Clark: Thank you for your kindness at explaining to our daughter Chami Joe Ro what the text amendment is and how it works. We submit the following materials to the Community Development Services Department to request a text amendment to allow Church, Synagogue, or Other Place of Religious Worship in BN Zone. a. Master Land Use Application b. Application for Amendment to the Development Regulations and attachment We believe that the amendment we are requesting fulfills the public interest; it is consistent with the overall vision of the comprehensive plan; it meets existing state and local laws; and it will benefit the city as a whole. We hope that the City Council feels the same way. Sincerely, Young Chul Joe Owner and President G6-6' Ja Joe' Owner and Vice-President SUPPORT FOR TIlE AMENDMENT (Please fill out for all amendments) Please explain thc need for the amendment (why is it being proposed). Include any data, research, or reasoning that supports the proposed amendment (please attach additional pages if necessary). 3. SIGNATURE Signature Date Print Name Address 2.5-.3 2'72-- 'Tzz I Telephone No. If you have any questions about filling out this application form or the amendment process, please contact the Department of Community Development Services at 253-661-4115. Please be advised that an application for a development regulations amendment lacking the required information will not be accel)ted. Bulletin #027 - May 7, 2001 Page 2 of 2 k:\l hmdouts -- Rcviscd\l)cv Rcgs Amcndmcnt Application COMMUNITY DEVELOPMENT SERVICES 33530 First Way South PO Box 9718 Federal Way WA 98063-9718 253-661-4000; Fax 253-661 ~4129 ~vww.ci. federal-way.wa.us APPLICATION FOR AMENDMENT TO THE DEVELOPMENT REGULATIONS Requests for Amendments to the Development Regulations a) ti/ho may al;ply. Any interested person may apply for an amendment to the development regulations. b) Ito,, to ap/dy. The applicant shall file a completed Master Land Use application with the DepartlnCnt of Community Development Services. c) ProposedAmeztdmeztt. A proposed amendment can be either conceptual or specific amendatory language. Please be as specific as possible so that your proposal can be adequately considered. If specific wording changes are proposed, this should be shown in str-ike-out/underline format (please attach additional pages if necessary). d) Reference. I)lcase reference the code section off the development regulation and [)age number where located. ATTACHED PAGE FOR APPLICATION FOR AMENDMENT TO THE DEVELOPMENT REGULATIONS c) Proposed Amendment. We propose the following changes to the Neighborhood Business (BN) Zone of the City of Federal Way. Add the following text code taken from Section 22-755 Schools - Day care facilities - Churches from Community Business (BC) Zone: "Church, synagogue or other place of religious worship." - Add the above text code to Section 22-724 Schools - Day care facilities of Neighborhood Business (BN) Zone. - The size limit we propose is 20,000 square feet and set backs parking requirements and other special requirements per BC zone. c) Reference. - Text code taken from section 22-755 from Community Business (BC) Zone located on page 22-164 of Zone BC Use Zone Chart. - Text code to be added to section 22-724 of Neighborhood Business (BN) Zone located on page 22-151 of Zone BN Use Zone Chart. 2. Support for the Amendment. We propose this amendment: To promote a place where people can hold their religious practice. We believe that freedom of religion is the foundation of this country from its very beginning. To offer convenience to the public for their churches, synagogues, etc. being ~ocated right in their neighborhood. To promote a healthier environment. When people drive shorter distance, there will be less air pollution. In addition, churches and other places of religious worship preach for people to be nice, which it turn would help to keep the crime rates lower. To ease heavy traffic in already congested areas on Pacific Highway and 1-5 corridor. To reduce vandalism in the area. Northshore Plaza has had vacant spaces for the past 9 months and its vacancy has attracted vandalism. MASTER LAND USE APPLICATION  ' .- .'. { it ~ ~: I~ DEPARTMEN~YOFCOblMUNITY DEVELOPblENTSERVICES i o rl '/q-IIBIT , ,, 33530 First Way South Federal Way WA 98063-9718 253-661-4000; Fax 253-661-4129 www.ci.federal-way.wa.us APPLICATION NO(S) Project Name /~Or-FPl g]4~gr~0 P [,x e_~ .T-nc. D,~te q- 2~-o/ Property Address/Location J-q-Z]-//~ ~ Parcel Number(s) Zoc ~ ~ /Oz3 - Project Description PLEASE PRINT Type of Permit Required Annexation Binding Site Plan Boundary Linc Adjustment Comp Plan/Rezone Land Sm face Modification Lot Linc Elimination Prcapplication Conference Process I (Director's Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (ltcaring Examiner's Decision) Process V (Quasi-Judicial Rezone) ~ Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Usc Shoa Subdivision Subdivision Variance: Commercial/Residential Required Informatiou [5 AJ Zoning l)¢signation _ l)~ .... Comprchcl~sivc I'lan l)csignation ~A Value of Existing Improvements /~'~ Value of Proposed Improvements Unifi)(m Ihdlding Code ([JBC): ~ . Occupancy Type ~A Applicant Xfot.,,¼ ('tu~t 3ge. ac Goo Name: 'ess: Eo~'-I 63rd A-~ (~. NC Phone: Signature: =~,. Agent (if Different than Applicant) Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Ovviler Address: Phone: Fax: 2 C;~ 3600 (]onsl~ ucli<m Type Email: Signature: Io~co,%¢~, LU/~ q8 ~fZZ ~c.p/v..,-n 6~-' 2.8', Loc, I 33:30 EXHIBIT PAGE OF. DEPARTMENT OF COMMUNITY DEVELOPMENT SEP. VICES 33530 First Way South PO Box 9718 Federal Way WA 98063-9718 253-661-4000; Fax 253-66 I-4129 www.ci, federal-way, wa. u g APPLICATION FOR AMENDMENT TO THE DEVELOPMENT REGULATIONS o Requests for Amcndlnents to the Development Regulations a) W/to ntay ap/dy. Any interested person may apply for an amendment to the development regulations. b) I/ow to apply. The applicant shall file a completed Master Land Use application with the I)epartment of Community I)evelopment Services. c) Proposed Amendntent. A proposed amendment can be either conceptual or specific amendatory language. Please be as specific as possible so that your proposal can be adequately considered. If specific wording changes are proposed, this should be shox~q~ in str-ike4~udunderline format (please attach additional pages if necessary). d) Re. ferettce. Please reference thc code section of the dcvelol)ment regulation and page number where located. i/ullclin 11027 May 7, 20i~i I'apc I <d ? k\t lamhn]l,¢ RcviscdXl)cv I{c1,'4 AmcltdlncIll Application SUPPORT FOR TIlE AMENDMENT (Please fill out for all amendments) Please explain tim need for tile amendment (wily is it being proposed). Include any data, research, or reasoning that supports the proposed amendment (please attach additional pages if necessary). o SIGNATURE "-~gnature Print Na~m ' (J ~ Date Address '22z_ / Telephone No. If you have any questions about filling out this application form or tile ainendment process, please contact tile Department of Community Development Services at 253-661-4115. Please be advised that an application for a development regulations amendnmnt lackiug tile required inlbrmation will not be accepted. ' ---' 191ASTER LAND USE APPLICATION · i ~'~ ~: ..... "i DEPARTMENT OF CObtMUNITY DEVELOPMENT SERVICES PO Box 9718 Federal Way WA 98063-9718  253-661-4000; Fax 253-661-4129 www.ci.federal-way.wa.us APPLICATION NO(S) 'Project Name Property Address/Location Parcel Number(s) 2. S-Z 35q/q - 3 b-.FO':l 2. I sF_ Aw -103 - ciO0 2. ~A q8o23 ProjectDescription "T-e_~t o._me*~men"/- -,Lo o~l{Ouo 14ec. d44~ (~{x.do oox,:z'-'ew PLEASE PP, INT Type of Permit Required Annexation __ Binding Site Plan Boundary Line AdjusUnent Comp Plan/Rezone Land Surface Modification Lot Line Elilnination Preapplicatiou Conference Process l (Director's Approval) Process Il (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi-Judicial Rezone) ~ Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information ~/x,/ Zoning Designation _i5 &' Comprehensive I'lau Designation ~ A Value of Existing hnprovements ~A Value of Proposed Improvements Oniform Building Code (UBC): ~A Occupancy '{'ypc t~ A (7onstruc/ion Type Applicant Name: Address: City/State: ~c~ Zip: Phone: ~3- Z'?Z- q~z / Fax: Emaih Chain; de~;~n ~ mSn. ~nq Agent (if Different than Applicant) Ci-. lO& ,Tox~mc, toA q~5 Name: Address: City/State: Zip: Phone: Fax: Email: Signature: O'o,'ller Name: Address: Zip: ') Phone: Email- Young Chul Joe ~t Goo Ja Joe 509 63rd Ave Ct. NE Tacoma, WA 98422 Phone: 253-272-7221 September 27, 2001 Federal Way City HaU Attn: Ms. Margaret Clark 33530 1st Way South Federal Way, WA 98063 Re: Northshore Plaza Inc. at 35419 21st Avenue SW, Federal Way, WA Dear Ms. Clark: Thank you for your kindness at explaining to our daughter Chami Joe Ro what the text amendment is and how it works. We submit the following matedats to the Community Devetopment Services Department to request a text amendment to allow Health Clubs in BN Zone. a. Master Land Use Application b. Application for Amendment to the Development Regulations and attachment We believe that the amendment we are requesting fulfills the public interest; it is consistent with the overall vision of the comprehensive plan; it meets existing state and local taws; and it will benefit the city as a whole. We hope that the City Council feets the same way. Sincerely, Young Chul Joe Owner and President Goo Ja Joe Owner and Vice-President :XHIBIT PAG OE'3 '.-' :'_-Z D EPAI~,'F~,IENT OF COMMUNrF¥ DEVELOPMENT SERVICES 33530 First Way South PO Box 9718 Federal Way WA 98063-9718 253-661-4000; Fax 253-661-4129 www.ci, federal-way.wa.us APPLICATION FOR AMENDMENT TO THE DEVELOPMENT REGULATIONS Requests for Amendments to the l)cvelopment Regulations a) [[?lto may a[IplJ'. Ally interested person may apply ibc an amendment to tim development regulations. b) How to appl. l'. The applicant shall file a completed Master I.and Use application with the Department oF Community l)evelopment Services. c) ProlJosedAmettdmettL A proposed amendment can be either conceptual or specific amendatory language. Please be as specific as possible so that ),our proposal can be adequately considered. If specific wording changes are proposed, this should be shown in st~:ikeout/underline format (please attach additional pages it' necessary). d) Rtference. l)lcasc rct'ercnce the cc)cie section of the development regulation and page number where located. J:hHIclm t~(1~7 ~I:~',' 7. 2()OI SUPPORT FOR TIlE AMENDMENT (Please fill out for all amendments) Please explain tile need for thc amendment (wily is it being proposed). Include any data, research, or reasoning that supports the proposed amendment (please attach additional pages if necessary). 3. SIGNATURE I)atc Print Name Address Telephone No. If you have any questions about filling out this application form or tile amendment process, please contact the Department of Community Development Services at 253-661-4115. Please be advised that all application for a development regulations amendment lacking the required information will not bc accepted. I/ullctin #027 N4:l?,, 7, 2001 l'al,.c ? of 2 k;\t hlndoms Rcvixcd\l)cv lici,s AinciM[~cnt Applic:~lion PAG ATTACHED PAGE FOR APPLICATION FOR AMENDMENT TO THE DEVELOPMENT REGULATIONS c) Proposed Amendment. We propose the following changes to the Neighborhood Business (BN) Zone of the City of Federa~ Way. Add the following text code taken from section 22-253 Entertainment, etc. from Community Business (BC) Zone: "Retail establishment providing recreational activities." Add the above text code to section 22-722 Entertainment of Neighborhood Business (BN) Zone. Specifically allowing Health Club as specific use. The size limit we propose is 20,000 square feet and set backs parking requirements and other spedat requirements per BC zone. c) Reference. - Text code taken from section 22-253 from Community Business (BC) Zone located on page 22-161 of Zone BC Use Zone Chart. - Text code to be added to section 22-722 of Neighborhood Business (BN) Zone located on page 22-149 of Zone BN Use Zone Chart. 2. Support for the Amendment. We propose this amendment: To promote a healthy activity for the community. To offer convenience to the public for health clubs being located right in their neighborhood. To promote a healthier environment. When peopte drive shorter distance, there will be less air pollution. To ease heavy traffic in already congested business areas on Pacific Highway and I-5 corridor. To reduce vandatism in the area. Northshore Plaza has had vacant spaces for the past 9 months and its vacancy has attracted vandalism. · . _. ~'. - '~ ExHiBiT PAGE/ OF__ q APPLICATION NO(S) Project Name A)oH4 ga.ore. lo. a_ Znc.. MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33530 First Way South PO Box 9718 Federal Way WA 98063-9718 253-661-4000; Fax 253-661-4129 wv~v.ci.federal-way.wa.us Date 9- ~<¢- O / Property Address/Location Pa rcel Number(s) 2 C 2_ 3sq/q- JS~OC/ 21 5J ¢v¢~ '~tAJ, T-ede. w'cvf O, Joa/ ~03 - qO02_ Project Description PLEASE I'RINT Type '-Fe~'l- ame_~olmo,~-F 4-o allow .Z,qctoo," ~c~e_6a.2( 8aq-H'r~o,.' O_a~es of Permit Required Annexation __ Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Linc Elimination __ Preapplication Conference Process I (Director's Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (ltearing Examiner's Decision) Process V (Quasi-Judicial Rezone) Process VI SEPA w/Project __ SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commcrcial/Rcsidential Required Information Zoning Designation 0/NJ Coml)rchcnsivc l'hm Designation N ~ Value of Existing hnprovements ~A Value of lhoposcd Improvements Jniform Buikting COde (tIBC): _~A ........ occupancy Type ~A Construction Type Applicant Nmne: ~oOrco..~ (~/Aod .~Oe. 4-~oo j-c~ ~oe~ Address: ~O~ ~3rci A~ ~. ~ City/State: T~ ~8 Zip: Q~OZ Z Phone: Z~- ZGZ- QZZI Agent (ir DifErcnt than Applicant) Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Ov¢llel' Address: City/State: Zip: 9 6' d 2 Phone: Z5.3 Fax: 206 Sivnaturc: Young Chut Joe ~t Goo Ja Joe 509 63rd Ave Ct. liE Tacoma., WA 98422 Phone: 253-272-7221 EXHIBii PAGE September 27, 2001 Federat Way City Hatt Attn: Ms. Margaret Ctark 33530 1st Way South Federat Way, WA 98063 Re: Northshore Ptaza Inc. at 35419 21st Avenue SW, Federat Way, WA Dear Ms. Ctark: Thank you for your kindness at exptaining to our daughter Chami Joe Ro what the text amendment is and how it works. We submit the fottowing materiats to the Community Devetopment Services 'Department to request a text amendment to al. tow Indoor Basebatt Batting Cages in BN Zone. a. Master Land Use Apptication b. Apptication for Amendment to the Devetopment Regutations and attachment We betieve that the amendment we are requesting futfitts the pubtic interest; it is consistent with the overatt vision of the comprehensive ptan; it meets existing state and tocat l,aws; and it witt benefit the city as a whore. We hope that the City Councit feel,s the same way. Sincerety, Young Chut Joe Owner and President Goo Ja Joe Owner and Vice-President EXHIBIT_ DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33530 First Way South PO Box 971 g Federal Way WA 98063-9718 253-661-4000; Fax 253-66 I-4129 www.ci, federal-way.wa.us APPLICATION FOR AMENDMENT TO THE DEVELOPMENT REGULATIONS P,.equests for Amendments to the Development Regulations a) l~lto may ap[~[y. Ail)' interested person may apply for an amendment to the development regulations. b) How to apply. The applicant shall file a completed Master Land Use application with the Department of Community Developlncnt Services. c) Proposed A tnettdmettt. A proposed amendment can be either conceptual or specific amendatory language. Please be as specific as possible so that your proposal can be adequately considered. If specific wording changes are proposed, this should be shown in str4ke-out/underline fore, at (please attach additional pages if necessary). d) Reference. Please rcfercncc the code section of the development regulation and page number where located. o SUPPORT FOR TIlE AMENDMENT (Please fill out for all amendments) Please explain thc need for the amendment (why is it being proposed). Include any data, research, or reasoning that supports the proposed amendment (please attach additional pages if necessary). o SIGNATURE Signature Print Name Address Telephone No. If you have any questions about filling out this application form or the amendment process, please contact the Department of Community Development Services at 253-66 l-4115. Please be advised that an application for a development regulations amendment lacking the required iuformation will not be accepted. llullclint;027 ~May7,2001 I'agc2of2 k:\llandouls Rcviscd\l)cv RcgsAmcndmcnt Application EXHIBi'f PAG ATTACHED PAGE FOR APPLICATION FOR AMENDMENT TO THE DEVELOPMENT REGULATIONS c) Proposed Amendment. We propose the fottowing changes to the Neighborhood Business (BN) Zone of the City of Federat Way. Add the fottowing text code taken from section 22-253 Entertainment, etc. from Community Business (BC) Zone: "Retai[ estabtishment providing recreationat activities." Add the above text code to section 22-722 Entertainment of Neighborhood Business (BN) Zone. Specificatty attowing Indoor Basebatt Batting Cages as specific use. The size timit we propose is 20,000 square feet and set backs parking requirements and other speciat requirements per BC zone. c) Reference. Text code taken from section 22-253 from Community Business (BC) Zone tocated on page 22-161 of Zone BC Use Zone Chart. Text code to be added to sect:ion 22-722 of Neighborhood Business (BN) Zone tocated on page 22-149 of Zone BN Use Zone Chart. 2. Support for the Amendment. We propose this amendment: To promote a heatthy activity for the community, something adutts and kids coutd enjoy and benefit from its exercise, especiatty for the rainy season. To offer convenience to the pubtic for indoor basebatt batting cages being tocated right in their neighborhood. Presendy, the ctosest basebatt batting cage to Federat Way is tocated in Puyattup. To promote a heatthier environment. When peopte drive shorter distance, there witt be tess air pottudon. To ease heavy traffic in atready congested business areas on Pacific Highway and I-5 corridor. To reduce vandatism in the area. Northshore Ptaza has had vacant spaces for the past 9 months and ils vacancy has attracted vandatism. When kids are busy having fun woutd feet tess motivated to vandatize businesses. EXHIBIi PAGE/_d OF APPLICATION NO(S) ("~i. - .i .. -.. ._' '., i-'._. --' (.. t' MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES · ~:-.:~' ~:: i'v i'::~-; ox( ¢--"~ 33530 First Way South .,-.. n'-', PO Box 9718 r,r~t(t~:l,: : Ut- '?~L,;:''."' :":" .... Federal Way WA 98063-9718 ': .... 253-661-4000; Fax 253-661-4129 ' wv~v.ci, federal-way.wa.u s Date Project Description PLEASE I'P, INT Type of Permit Required Annexation __ Binding Site Plan Boundary Line Adjustment TComp Plan/Rezone Land Surface Modification Lot Line Elimination __ Preapplication Conference Process I (Director's Approval) Process II (Site Plan Review) Process Ill (Project Approval) Process IV (ltearing Examiner's Decision) Process V (Quasi-Judicial Rezone) Process VI SEPA w/Project __ SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information _: ["~ Zoning Designation Comprehensive l'lan Designation Value of Existing hnprovcments Value of Proposed hnprovements ,iht form Buildiug Code (UBC): ........ Occupancy Type Constt uclion Type Applicant Address: City/State: Zip: Fax: Signature: Agent (if Different than Applicant) ¥' 7. ¥'~.. ~/~:. '7 t~A- q '3.:. % ') Name: Address: City/State: Zip: Phone: Fax: Emaih Signature: Owllel- Name: Address: City/State: Zip: Phone: I?itX: Ih:mil: Signature: DEVELOPMENT WASHINGTOIg LLC XHIBi'I E PAG E_,;?_O October 1, 2001 Margaret Clark Senior Planner Community Devdopment Services City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 Re: Rezone - BP zoning at 9~h Ave. So. Dear Ms. Clark: We own three parcels of BP-zoned land along 9~' Ave. So. In Federal Way. One project is built and is currently being leased, the other two buildings are permitted but we await better economic and marketing conditions prior to commencing construction. In our opinion, the current BP zoning designation in Federal Way is too restrictive to support many Business Park users. Our primary concern is the amount of office that is alloxved under this zoning classification. Currently, office use is only allowed as an ancillary use and to a maximum of 50%. Our experience in other Business Parks (Gateway Corporate Center and Gateway North Corporate Center, both in Tukwila) show that many tenants require up to 80% office but still need the additional function of a warehouse with high clear height, grade level and dock doors, and maneuvering room for trucks. I can think of many tenants that could not come to Federal Way because of the zoning. We propose two options to provide more flexibility to the BP zoning and alloxv and attract many viable BP tenants to Federal Way: The first option is to simply alloxv more office and to avoid the distinction between primary and ancillary use. Referencing the Gateway Corporate Center again, the average office build- out there is about 65%. Examples are Walker & Associates who provide aerial photography and photogrametric mapping, and Ods Elevator who need a warehouse area to service elevator components adjacent to their office function. An office building would be too expensive and not provide the warehouse functions that are needed. An up-scale Business Park provides both the office function and enviromnent with the warehouse use. The current design guidelines in Federal Way for BP require extensive aesthetic appeal for the projects. Warehousing and dumpsters are screened while the front of the building is to look like an office. We ask that the zoning use be consistent with the desigm gtfidelines and provide for a multiple of BP users. 1133 164'" ST. S.W. / SUITE 107 / LYNNWOOD, WA 98037-8121 / (425) 742-5242 FAX (425) 742-5553 EXHIBI'-I E' PAGE_3__OF The second option would be to conform to the existing zoning restrictions on a per-project basis instead of per-tenant. This would, we believe, meet the intent of the current zoning designation and provide the users the flexibility that is required. A BP project will typically have between 4 and 8 tenants. The existing market conditions will find users of varying requirements, from 10% office to 80% office. Currently, we can not even entertain a third of prospects because of the 50% restriction. However, if we could mix the tenant's requirements, we could easily meet the 50% restriction as an aggregate per project. The impact on the development and on the City's infrastructure would not exceed that already planned. From the development, business, and economic viewpoints, providing zoning that allows businesses to move to, grow, and thrive in Federal would be very desirable. Restrictive zoning that keeps urban land vacant decreases property values, provides areas for illegal dumping, havens for transients, provides for uncontrolled environmental 'impacts and potential criminal activity. With development and viable businesses operating, the City has a larger tax base and provides for more jobs and resultant economic vitality. Please g/ye this request your utmost consideration. Call me at 425-742-5242 if you have any questions. Sinccrel3; Gramor Development Robert Hart Principal EXHIBti APPLIC^TION NO(S) Project Name . MAS-TERLA.N_.D USI~ APPLICATION OOJ~I-~IUNITY DEVELOPIwr,~. u~-.,~-, ~ ............ ' ~F (') 3~530~irst...Way South .,. : ' .............. ~ ........ _: --?/,di!~3x:~'?~8 253-661-4000; Fax 253-661-4129 vavw.ci, federal-way.wa.us Date Property AddresslLoeatio. Parcel Number(s, PLEASE PRINT Type of Permit Required Annexation __ Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination __ Preapplication Conference Process l (Director's Approval) Process Il (Site Plan Review) Process III (Project Approval) Process IV (ltearing Examiner's Decision) Process V (Quasi-Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information ~l.J~.J~l Value of i'roposed hnprovements Jnifonn Building Code (UBC): O~ ~ Occupancy Type ~ ~ ~ Construction Type Zoning Designation __Comprehensive Plan Designation Value of Existing hnprovements Applicant ame: Address: "~r~ q~~ %_ City/State' ti:one: 'ZS"~ ~ ' . Signature: A~ent (if Different dmn Applicant) 'Name: [mss: City/State: Zip: Phone: Fax: Email: Signature: OlvllCr Name: Address: City/State: Zip: Phone: Fax: Email: Signature: 33530 First Way South ~~~" PO Box9718 · .~ . ~ , .253-661-4000; Fax 253-661-4129 w~v.cL [ederal-way.wa.u s APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT Site Specific Requests Who may a[Jp[y. Any person may, personally or through an agent, apply for a decision regarding property he or she oxvns. b) Itow to apply. 'File applicant shall file tile folloxving information with the Department of Community Development Services: I) A completed Master Land Use Application. 2) A vicinity map showing tile subject property with enough information to locate tile property xvithin the larger area. 3) A copy of the underlying plat or tile King County Assessor's parcel map. 4) The following site data: Tax Parcel No. a) b) c) d) e) 0 Lot Size/Acreage Existing Comprehensive Plan Designation Existing Zoning Requested Comprehensive Plan Designation Requested Zoning 5) Services. Please provide the folloxving information regarding tile availability of services: a) Thc site is currently served by sewer /septic __ (check one). Sewer Provider: b) The site is currently served by a public water system __/well Water Provider: c) Fi~e I)istricttt: ._ . d) School l)istrictl/: ___ (check one). 6) Any additional information or material that the Director ol'(2ommunity Development Services determines is reasonably necessary fora dccisio, on thc matter. .XHIBi'I", PAGE 4. FEE There is no fee for the initial application. If after a public hearing the City Council determines that the request shall be further considered for adoption, site-specific requests must be submitted for a preapplication conference with a non-refundable fee that will be credited to the formal application fee. If after the preapplication conference the applicant decides to pursue the request, the remaining portion of the comprehensive plan amendment fee will be required. A fee must be submitted for all other requests after the selection progess. o SIGNATURE Signature Date Print Name If you have any questions about filling out this application form or the amendment process, please contact the Departmeat of Community Development Services at 253-661-4115. Please be advised that an application for a comprehensive plan amendment lacking the required information will not be accepted. Itullctin 11024 -- May 7, 2001 Pagc 3 of 3 k:\llandouts Rcviscd\Comp Plan Amcndmcn! Application MEMORANDUM DATE: TO: FROM: VIA: SUB.rECT: May 14, 2002 Mr. Eric Faison, Chair of Land Use and Transportation Committee Rex Burhans, Associate Planner ¢,~ David Moseley, City Manage~ ~ Possible Expansion of Federal Way Potential Annexation Area (PAA) BACKGROUND AND PRELIMINARY RESEARCH At the request of the Land Use/Transportation Committee (LUTC) Chairperson Eric Faison, City staff has 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. Two of the areas addressed in this memo are currently located in the City of Tacoma Urban Growth Area (Pierce County's equivalent to a PAA). The third area addressed in this memo is located in King County and is not claimed for future annexation by any local jurisdiction. Maps of each area can be found as attachments to this memo. A cost estimate was prepared by the consulting finn assisting the City with the PAA Study. To study the areas under consideration would increase the current PAA Study contract budget ($240,000) by approximately 42 percent and would add approximately four to five months to the current project schedule. City staff has informally contacted King County and the City of Tacoma to discuss thc addition of these areas within the Federal Way PAA. Ms. Donna Steneger with the City of Tacoma has stated that Tacoma would be willing to have format discussions regarding the transfer of this area to the Federal Way PAA. According to Ms. Steneger, Mr. Randy Lewis with the Tacoma City Manager's Office would be the appropriate person to discuss thc unincorporated Pierce County area. Mr. Paul Reitenbach with King County Regional Policy and Plaxming stated that King County would be very interested in formally discussing the inclusion of the unincorporated Krug County area into the Federal Way PAA. REQUESTED ACTION City staff requests direction from the LUTC regarding any additional research that should be performed related to the expansion of the Federal Way PAA boundary. Attachments: Map of Unmcoq3orated King County Area Mat) of Umncorporated Pierce County Area S AV/_g S AY 99 e AV t~ S AV Og S AV 6P S AY Og S AY $ AV ~e S AY ~ S AV Sf SAVO~ S ^V I~C S AV ~8 S AV 9~ 0 IiCI 3N A¥1~g DATE: TO: FROM: VIA: SUBJECT: May 20, 2002 Eric Faison, Chair Land Use / Transportation Committee Marwan Salloum, Street Systems Mana~~.~./_~~ BACKGROUND 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 currently has their liquid de-icing storage tank. The attached Interlocal Agreement (ILA) was developed by County and City staffto establish the rights and responsibilities of each party to the agreement. RECOMMENDATION Staff recommends placing the following item on the June 4, 2002 Council consent agenda for approval: Authorize the City Manager to enter into the attached Interlocal Agreement with King County. II .. . ,~::,.,~,~,~E~ : , , ~ ~.- -.;~; .~,~,: : ":~.,: .~ :~ ...... . ..... . ": ~ ' ~~~?~~4:' . ,,~:, :,,~,:u~ 'v". :'," ' ~ ' ', ....... II k~ ~ M,chael Park, Me~fiBer ~~3~'.~ mcColgan,.Member; ,....,¥ MS:dl kSlutcX2002Xinterlocal agreement for storage space.doc INTERAGENCY AGREEMENT FOR STORAGE SPACE THIS AGREEMENT is made and entered into by and between King County ("the County") and the City of Federal Way ("the City"). The County and the City are referred to collectively as "the Parties". RECITALS The City is desirous of contracting with the County to store a 6,000-gallon de~icing liquid storage tank ("the Storage Tank") at the King County Star Lake Maintenance Facility, which is located at 26701 28th Avenue South ("the Facility"). The County is agreeable to housing the Storage Tank at the Facility on the terms and conditions hereinafter set forth and in consideration of the mutual covenants and agreements herein contained. The parties can achieve cost savings and benefits in the public's interest by having the County store the Storage Tank at the Facility for the City, at the City's expense. AGREEMENT NOW, THEREFORE, the Parties agree as follows: 1. Scope of Service The County shall permit the City to store the Storage Tank at the Facility. Other than providing storage space and access at the Facility, the County shall have no responsibility for the Storage Tank. 2. City Responsibilities 2.1 The location of the Storage Tank within the Facility shall be as depicted in Exhibit "A". 2.2 The City shall construct an appropriate containment area for the Storage Tank so that any liquid that may leak from the Storage Tank will be properly contained. 2.3 The City shall be responsible for all matters related to the Storage Tank and containment area, including, without limitation, purchase, installation, operation, safety and maintenance. 2.4 The City shall comply with the County's National Pollution Discharge Elimination System (NPDES) storm water permit program being implemented by the State of Washington Department of Ecology at the Facility, and with all other applicable laws and regulations. 2.5 The City shall be responsible for obtaining any permits or other authorizations that may be required by applicable laws and regulations. o Access The County grants to the City, and its employees, agents, contractors and invitees, a non-exclusive fight of access for the installation, operation, safety and maintenance of the Storage Tank and containment area. This fight of access includes, but is not limited to, the fights to fill the Storage Tank, load City equipment, and perform any and all required maintenance on the Storage Tank, as well as the rights for pedestrian and vehicular ingress and egress over and across the Facility. The City, its employees, agents, contractors and invitees shall have reasonable access to the Facility twenty-four (24) hours per day, seven (7) days per week. Compensation The City shall pay the County $100.00 per month as compensation for housing the Storage Tank. All payments shall be due within 30 days of the billing date, with one percent per month interest being charged to the City as a delinquent charge, starting 30 days after the billing date. Duration 5.1 This Agreement is effective upon signature by both Parties, and shall remain in effect until December 31, 2007, unless terminated by either party on at least thirty (30) days written notice to the other party. 5.2 Upon termination of this Agreement, the City shall within thirty (30) days remove the Storage Tank and containment area and restore the area in which the Storage Tank was located to a condition at least the same as that area was in before the Storage Tank and containment area were located there. Indemnification 6.1 The City shall indemnify, defend and hold harmless the County, its officials, agents and employees, from any claims of any nature (including demands, suits, penalties, losses, damages, attorney's fees, expenses and costs of any kind whatsoever) arising out of or related to the presence of the Storage Tank at the Facility, the condition of the Storage Tank, and the actions or omissions of the City in exercising the fights granted to it under this Agreement, except to the extent that such claims may arise out of the negligent acts or omissions of the County, its officials, agents and employees. 6.2 The foregoing indemnity is specifically intended to constitute a waiver of the City's immunity under the State of Washington's Industrial Insurance Act, RCW Title 51, as respects the County only, and only to the extent necessary to provide the County with a full and.complete indemnity of claims made by the City's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 6.3 The provisions of this section shall survive the termination of this Agreement. Audits and Inspections The records and documents pertaining to all matters covered by this Agreement shall be retained and be subject to inspection, review or audit by the County or the City during the term of this Agreement and for three (3) years thereafter. Entire Agreement and Amendments This Agreement contains the entire agreement of the Parties and supersedes ~tny and all prior oral or written representations or understandings. This Agreement may only be amended by written agreement between the Parties. 9. No Third Party_ Rights Nothing contained herein is intended to, nor shall be construed to, create any rights in any third party, or to form the basis for any liability on the part of the Parties to this Agreement, or their officials, officers, employees, agents or representatives, to any third party. 10. Invalid Provisions If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected if such remainder would then continue to serve the purposes and objectives of the parties. 11. Captions The captions in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. 12. No Waiver Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date last written below. KING COUNTY CITY OF FEDERAL WAY Director, King County Department of Transportation David H. Moseley, City Manager Date Date APPROVED AS TO FORM: APPROVED AS TO FORM: Senior Deputy Prosecuting Attomey Bob C. Sterbank, City Attomey ATTEST: City Clerk, N. Christine Green, CMC kAcontract~2002~storage space for king county, doc £xi~ting Trees Aeea To Be 21.500 sqft HOU~ STORAGE AREA 0.16 AC ;E AREA 0.07 AC Sediment Pond ' -~ Existing Trees LEGAL DESCRIPTION THAT PDRTIFIN DF THE EAST HALF DF THE NFIRTHVEST QUARTER DF THE SFIUTHEAST QUARTER DF SECTI, 2~ TOVNSHIP 22 NORTH, RANGE 4 EAS~ ~.H., LYING SOUTHERLY OF A ~ESTERLY PROJECTION DF THE SFIUTH LINE DF BLflCK 5, GRESHAM'S STAR LAKE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 DF PLAT~ PAGE 8, RECORDS DF KING COUNTYi EXCEPTING THEREFROM THE EASTERLY 30 FEET THEREOF. NnTES, THIS DRA~/ING, IS BASED UPON AERIAL TDPIIGRAPHY PRD¥IDED BY THE k~ASHINGTI]N STATE D.F1.T, PHOTOGRAMMETRY SECTION COMJBINED ~.ITH FIELD TF]PF]GRAPNY BY KING COUNTY IN DI3SCURED AREAS THIS IS NOT A BOUNDARY SURYEY, ND PROPERTY CORNERS ~/ERE SET. BrlUNDARY SH[IVN HEREllN IS I~ASED UPON RECORD INFI]RMATII]N. APPROV.~D '.A-, SUBJECT TO ~ ~ ELD,2. &, LAND DEVELO~'M~NT 5-4 TITLI~ STAR LAKE PIT TOPOGRAPHIC SURVEY JON SURVI~Y PO CASSIDY, ROADS PREPARED GAMHELL/AZELTINE IPROJECT J, 1990 10-90 NAPS, WASH STATE DI]T PHFITOGRAHNETRY BASE NAP KING. COUNTY DISC II~ STARLAKE sc~£, 1 ' =.S 03 St.IE£T SURVEY g< MAPPING