Council PKT 09-20-2011 Regular� �Federal Way
AGENDA
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
September 20, 2011
7:00 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATION
a. Police Chiefs Commendation, Life Saving Award and Certificates of Merit
b. Proclamation: Marine Hills Swim Team ...paye s
c. Proclamation: Mayors Day of Concern for the Hungry...paqe a
d. Mayor's Emerging Issues
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP AND TURN IT /N TO THE CITY CLERK PRIOR TO SPEAKING.
When recognized by the Mayor, come forward fo the podium and state your name for fhe record. Please limit
your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate
negafively to other individuals or are otherwise inappropriate.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members
and brought before full Council for approval. All items are enacted by one motion. Individual items may be
removed by a Councilmember for separate discussion and subsequent motion.
a. Minutes: September 6, 2011 Special and Regular Meeting...paye 5
b. 2011 Emergency Management PerFormance Grant Award...paye 1s
c. First Amendment to the Thundering Oak Enterprise Agreement...page 43
d. School Resource Officer Contract...page 44
e. Memo of Agreement with Federal Way Police Department and Homeland Security,
allowing permission to utilize certain Federal Way Police radio frequencies on a limited
basis for emergency preparedness...page ss
f. 20 Avenue S. Sidewalk Improvements Project (S 314' St. to S 316 St) — Project
Acceptance...page 61
g. 2010 Pedestrian Safety Project — Project Acceptance...page s3
h. 2011 Asphalt Overlay Project — Project Acceptance...paye ss
i. Transportation Demand Management Implementation Agreement with WSDOT...page
67
The Council may add items and take action on items not listed on the agenda.
Commute Trip Reduction (CTR) Program Implementation Contract with King
COU11ty...page 72
6. COUNCIL BUSINESS
a. Youth Commission Appointments...page �8
��7:7 71�I���[��'?
First Reading:
a. CB #584 Creatinq FWRC 6.40.025 of the Federal Way Revised Code
Reqardinq Identity Theft...page so
An ordinance of the City of Federal Way, Washington, relating to idenfity theft; creating a new
section 6.40.025 of the Federal Way Revised Code.
b. CB #585 Amend Sections of the Federal Wav Revised Code to comply with
Senate Bill 5168...paqe s4
An ordinance of the City of Federal Way, Washington, relating to the maximum penalty for a
gross misdemeanor,� revising sections FWRC 6.15.020 and 6.05.070.
Second Reading:
c. CB #580 FWRC Amendment to Allow Animal Kennels and Animal Care
Facilities in the Neiqhborhood Business Zone...paqe ss
An ordinance of the Cify of Federal Way, Washington, relating to allowing animal kennels and
animal care facilities in the Neighborhood Business, Community Business, and Commercial
Enterprise zones; amending FWRC 19.215.040, 19.220.101 and 19.240.100
d. CB #581 FWRC Amendments Relatinq to Seatinq Capacity of
Restaurants...page 125
An ordinance of the City of Federal Way, Washington, relating to seafing capacity of restaurants
in the Office Park zone; amending FWRC 19.235.020
e. CB #582 Vacatinq a Portion of SW 340 Street ...paye �5s
An ordinance of the City of Federal Way, Washington, relating to vacating a portion of
Southwest 340� Street located on the south side of SW 340 Street, west of 13� Court adjacent
to lot 34 of Wynstone Plat at Federal Way
8. COUNCIL REPORTS
9. MAYOR'S REPORT
10. EXECUTIVE SESSION
Collective Bargaining pursuant to RCW 42.30.140(4)(b)
11. ADJOURNMENT
The Council may add items and take action on items not listed on the agenda.
CITY OF
,:�..., Federal Way
Proclamation
WHEIZEAS, the Marine Hills Swim Team is a local team of competitive youth.
swimr:�ers ba�ed at the Marine Hilis Pool in Federal Way; and
WHEREAS, the Marine Hills Swim Team recently completed its first-ever
unbeaten season in the Seattle Summer Swim League; and
WHEREAS, on August 2°d, the Marine Hills Swim Team won its first-ever All-
City Meet team championship; and
WHEREAS, the Marine Hills Swim Team won a total of 2o individual events at the
All-City meet and set six separate Seattle Summer S«�im League records; and
NOW, THEREFORE, we, the undersigned Council members and the Mayor of the
City of Federal Way, do hereby recognize the swimmers and coaches of the Marine
Hills Swim 'I'eam for their outstanding athletic achievements.
SIGNED this 20th day of September 2011.
FEDERAL WAY CITY CO�NCIL
Skip Priest, Mayor
Jeanne Burbidge, Councilmember
Linda Kochmar, Councilmember
Jim Ferrell, Councilmember
Dini Duclos, Deputy Mayor
Jack Dovey, Councilmember
Mike Park, Councilmember
Roger Freeman, Councilmember
CITY OF
,�, Federal Way
PROCLAMA �'ION
`1Vlayor's Day of Concern for the Hungry"
WHEREAS, we recognize adequate nutrition as a basic goal for each citizen; and
WIIEREAS, no parent should have to send a child to school hungry, no baby should
be witliout the comfort of the feedings iieeded for mental and physical growth, nc�
elderly person's health should be jeopardized by lack of appropriate foods; and
WHEREAS, the Multi-Service Center food bank, emergency and hot meal programs,
local churches, social service agencies, arid hundreds of volunteers are striving each
day to stem the rising tide of hunger, but still need more help; and
WHEREAS, each Federal Way residen� has the ability to help stem the growing
tide of hunger in our city through donations of food; and
WI��EREAS, the Emergency Feeding Program of Seattle & King County
coordinates an annual food drive to help support the ef�orts of their program and the
area's food banks in fighting hunger which will be held at grocery stores throughout
King County on Saturday, September 24, 2011.
NOW, THEREFORE, we, the undersigned Council members of the City of Federal
Way, do hereby proclaim September 24, 2011 as " Mayor's Day of Concern for
the Hungry" in the City of Federal Way, and strongly urge all citizens to join the
Emergency Feeding Program and the Multi-Service Center to nourish those who are
hungry.
SIGNED this 2oth day of September 2011.
FEDERAL WA Y CITY CO UNCIL
Skip Priest, Mayor
Jeanne Burbidge, Councilmember
Linda Kochmar, Councilmember
Jim Ferrell, Councilnaember
Dini Duclos. Deputy Mayor
Jack Dovey, Councilmember
Mike Park, Councilmember
Roger Freeman, Councilmember
COUNCIL MEETING DATE: September 20, 2011 ITEM #: Cl.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUB�ECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should the City Council approve the draft minutes of the September 6, 2011 Special and
Regular Meetings?
COMMITTEE: N/A
CATEGORY:
� Consent
❑ City Council Business
� �
Ordinance
Resolution
MEETING DATE: N/f1
❑ Public Hearing
❑ Other
STAFF REPORT BY: Carol McNeilly City Clerk DEP'r: Human Resources
_ . .... . _ ..... _ ... ... . ....................._.................................................._._...................... ..................................................._..................._............_. ...... .................. _.._.__ ... ..................................._...........................................................................................................__............._.....................
Attachments:
Draft meeting minutes from the September 6, 2011 Special and Regular Meetings.
Options Considered:
l. Approve the minutes as presented.
2. Amend the minutes as necessary.
STAFF RECOMMENDATION: Staff recommends approving the minutes as presented.
CITY CLERK APPROVAL: N/fl � DIRECTOR APPROVAL: N/f1 N/f1
Committee Council Committee Council
COMMITTEE RECOMMENDATION: N/A
PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COiINCIL BILL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) � ORDIIVANCE #
REVISED — 02/06/2006 RESOLUTION #
CITY OF
,� Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING
Council Chambers - City Hall
September 6, 2011
5:30 p.m.
www. cifyoffederalway. com
1. CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 5:35 p.m.
Elected officials present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember Jim
Ferrell, Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember
Jeanne Burbidge, Councilmember Jack Dovey and Councilmember Roger Freeman.
City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly.
2. TIMEFRAME FOR COLLECTING SIGNATURES OF INITIATIVES
City Attorney Pat Richardson outlined the process for signed initiative petitions. First,
proposed language is submitted to the City Clerk, which the City Attorney reviews and if
appropriate, provides language for the petition. Once the language is provided to the citizen,
the time for collecting signatures begins. The citizen prints the petitions, gathers signatures and
submits the signed petitions to the City Clerk within 90 days. The number of valid signatures
required is addressed in RCW 35A.11.100. The number of registered voters needed to sign a
petition for initiative or referendum shall be 15% of the total number of individual names listed
as registered voters within the City on the last day of the last preceding city general election.
Ms. Richardson stated that according to King County elections there were 40,294 registered
voters in 2009. Fifteen percent of that number is 6,045.
Ms. Richardson reviewed State Law requirements relating to initiative and referendum petitions.
Initiative and referendum petitions authorized under RCW 35.17 shall be in be in compliance
with RCW 35A.01.040 as to the form and content of the petition. Except when otherwise
provided by statute, referendum petitions must be filed with the clerk of the legislative body of
the code-city within 90-days after the passage of the resolution or ordinance being referred to
the voters, orwithin lesser number of days as may be authorized by statue or charter in orderto
precede the effective date of an ordinance, provide that nothing herein shall be construed to
abrogate or affect an exemption from initiative and/or referendum provided by a code city
charter. The Federal Way Revised Code (FWRC) follows State Law that signed petitions for
both initiatives and referendums must be submitted within 90 days.
The 180 day or 6-month timeframe that has been referenced in previous discussions applies to
state law, it relates to the determination of whether the signatures on the petition are valid. The
county determines if there is a sufficient number of valid signatures on the petition. RCW
35A.01.040 states signatures followed by a date of signing which is more than six-months prior
City Council Minutes — September 6, 2011 Special Meeting Page 1 of 3
to the date of filing the petition shall be stricken. The 180-day timeframe is only used by King
County to validate signatures on petitions.
Out of 180 Code Cities, 43 have empowered the citizen's initiative and referendum powers.
Ms. Richardson reviewed the initiative/referendum time frames for surrounding jurisdictions.
Three options were presented for this item; 1) to maintain the 90-day deadline, 2) specify the
number of days, reference state law (i.e. no deadline), 3) or use the county election calendar to
determine timeline (i.e. 60 days before). The recommendation is establish a filing period for
citizen initiatives, similar for state-wide initiatives - that would time the submission of citizen
initiatives to correspond with the November elections. This option is being recommended due
to the higher participation levels in the general election and to potentially eliminate the added
special election cost estimated at $100,000 or more. Ms. Richardson reviewed an example
filing period for citizen initiatives with 120 days to collect signatures.
3. TERM LIMITS FOR CITY COUNCILMEMBERS AND MAYOR
City Attorney Pat Richardson stated that Municipal Research indicated that out of 180 Code
cities, three cities have term limits (Edgewood, Port Angeles and Puyallup). All three cities
operate under the Council-Manager form of government. Mayoral term limits are not
addressed. Edgewood's term limits language states no more than two consecutive four-year
terms but does not bar council from completing term of office. Port Angeles's language states
no more than three consecutive four-year terms. Puyallup's language states no more than a
cumulative twelve years regardless of which position number. Municipal Research also
indicated that the cities of Kent and Milton have repealed term limits.
Two Charter Cities (Spokane and Tacoma) have term limits. Spokane's language states no
longer eligible after serving two consecutive terms as any council memberor any other elective
city office except mayor. No longer eligible to hold office of mayor after serving two consecutive
terms as mayor or other elective city office except council member or council president.
Tacoma's language states cannot serve on council more than ten consecutive years either as
council, mayor or a combination there of.
Public Comment:
Joanne Piquette spoke in opposition of term limits. She feels if there needs to be a change on
the Council that is the purpose of an election.
Clara McArthur spoke is support of term limits. Her comments were cut short as they were
directed against an individual councilmember.
Norma Blanchard spoke in support of term limits. She would like to see new perspectives/ideas
on the Council. She would like to see the signature gathering period extended to 180 days.
Sheryl Nevers spoke in support of term limits. She would like to see new people serve on the
Council.
Betty Taylor spoke in support of term limits. She would like to see new direction from the
Council.
Denise Yun submitted written comments for the Clerk to read. Ms. Yun is opposed to term
limits; she feels it is important that voters have the right to choose their elected officials.
City Council Minutes — September 6, 2011 Special Meeting Page 2 of 3
Linda Halverson spoke in support of Council member soliciting the public on these topics as
well as other issues.
The Council asked clarifying question of Ms. Richardson. Deputy Mayor Duclos asked why the
120-day period was being recommended. Ms. Richardson stated in an effort to meet the
November General Election and referred to the draft timeline.
Councilmember Ferrell stated he supports term limits. He would like to see the timeframe to
collect signatures at 180-day and align with the November general election. He does not
support conducting a special election.
Councilmember povey stated he spoke to approximately 89 citizens and the majority did not
support term limits or have an opinion on term limits. He asked his fellow Council members to
reach out to the community and poll residents on the issue.
Deputy Mayor Duclos wants to make sure that initiative/referendum petitions occur during the
November general election.
Councilmember Freeman stated he supports term limits.
Councilmember Burbidge spoke in support of the 120-days to collect signatures on
initiative/referendum petitions and scheduling items for the November general election.
Councilmember Park feels the 90-day period is sufficient to collect signature, but he is willing to
extend the period to 120-days. He stated he opposes term limits. He stated each 4-year
election term is an opportunity for someone new to serve on the Council.
Mayor Priest recommended to the Council that he and Ms. Richardson work on a timeline for
180-day signature collection period.
Regarding term limits, he stated he has not heard a consensus from the Council.
4. EXECUTIVE SESSION
The Council adjourned to executive session at 6:45 p.m. to discuss sale of property
pursuant to RCW 42.30.110(1)(c) �^^' ^^"°^+;"o h�+r'v�+iriinn .,,,r�„-,.,++„ Q��nr
n� �n �nn�n��h� for approximately 15 minutes. The Council adjourned from executive
session at 6:59 p.m.
Attest:
Carol McNeilly, CMC, City Clerk
Approved by Council:
City Council Minutes — September 6, 2011 Special Meeting Page 3 of 3
� .-...�
CITY OF
Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
September 6, 2011
7:00 p.m.
www. cityoffederalway. com
1.
2.
3.
CALL MEETING TO ORDER
Mayor Priest cailed the meeting to order at 7:05 p.m.
Elected officials present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember Jim
Ferrell, Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember
Jeanne Burbidge, Councilmember Jack Dovey and Councilmember Roger Freeman.
City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly.
PLEDGE OF ALLEGIANCE
Councilmember Ferrell led the Pledge of Allegiance.
PRESENTATION
a. Volunteer Recoqnition: Police Chief's Citizen Citations, Commendation and Life Savinq
Awards
Police Chief Brian Wilson presented awards to the following individuals:
Tom Pierson was presented with a Police Chief's Citizen Citation. Mr. Pierson has been the
CEO for the FW Chamber of Commerce for the last 8 years. He has been instrumental in
the City's Safe City Program, the Adopt-a-Family program and numerous other police
programs.
Robert McKenzie was presented with a Police Chief's Citizen Citation Mr. McKenzie has
been a supporter of the Federal Way Police Department for 15 years. He is the chair of the
Chiefs Call, a community task force whose mission is to serve as a communication channel
between the Police Chief and the citizens of Federal Way.
LaJohnna Greenwood was presented with a Police Chief's Citizen Commendation. Ms.
Greenwood responded to an Amber Alert while working at Target and her actions helped
capture the suspect.
City Council Minutes — Sepzember 6, 2011 Regular Meeting Page 1 of 9
Ashlieqh Liqon and Nicloe Battles were presented with Life Saving Awards. Both
individuals were first responders to a motor vehicle accident and began CPR on an injured
driver before medics arrived and are credited with helping save the driver's life.
b. Proclamation: Constitution Week
Deputy Mayor Duclos read the proclamation into the record and declared September 17-23,
2011 as Constitution Week in the City of Federal Way. Peggy Eisaman from the Lakota
Chapter of the National Society Daughters of the American Revolution was in attendance to
accept the proclamation. Ms. Eisaman thanked the Council for their continued support of
this item.
c. Proclamation: National Recoverv Month
Mayor Priest read the proclamation into the record and declared September as National
Recovery Month. He presented the proclamation to Geoff Miller and Pat Godfrey,
representatives from King County Mental Health, Chemical Abuse and Dependency
Services Division. Mr. Godfrey thanked the Council for proclaiming September as National
Recovery Month.
d. Proclamation: National Niqht Out
Councilmember Freeman stated that the throughout the year the Police Department works
with neighborhoods on crime prevention. One of the biggest crime prevention events of the
year is the National Night Out event, which occurred on August 2, 2011. This year marked
the 28 annual National Night Out event. For many years, the Silverwood neighborhood
has been organizing National Night Out events and the City wanted to recognize their
efforts. Councilmember Freeman read the proclamation into the record and presented it to
Chris Sullivan and Joon Sinn, representatives of the Silverwood Neighborhood. Mayor
Priest asked Betty Taylor and other National Night Out participants to stand and be
recognized.
e. Mavor's Emerqinq Issues
• Airport Noise: Mayor Priest reported that he and Councilmember Kochmar attended a
Port of Seattle Commission meeting on August 23, 2011 to discuss airport noise in
Federal Way. The City asked the Port to assess the noise problems in Federal Way, to
pursue federal mitigation funds for North Federal Way, to support the implementation of
continuous profile landings, and install a monitor to Nautilus School.
• Han Woo-Ri Festival: Community and Economic Development Director Patrick Doherty
provided some history on the Han Woo-Ri festival, which is in its sixth year. This year's
event is September 16-18, 2011 on the south side of the Commons Mall. The event will
have multi-cultural performances, activities for children and an opening night gala.
• Celebration Park Traffic Pattern:
City Traffic Engineer Rick Perez reported on the following roadway changes. There is
now a south link (South 330 Street) at the intersection of Park Road and 13` Place.
This provides additional access to Celebration Park from Highway 99. In addition, there
is now a stop sign at that intersection.
S 332" Street will be extended from 9'" Avenue South over to 13 Place South, and
13' Place South will be extended to tie into the existing dead-end street. That will go
down to S. 336th Street where there will be a new traffic signal and Park Road will be
re-aligned as part of these improvements.
City Council Minutes — September 6, 2011 Regular Meeting Page 2 of 9
September 11, 2011 Recoqnition Events:
Mayor priest reported on the upcoming September 11 recognition event being planned
by South King Fire & Rescue. The event will begin at 5:30 a.m at Celebration Park.
Mayor's Day of Concern for the Hunqry
Mayor Priest reported the Mayor's Day of Concern for the Hungry is September 24,
2011. Additional information and a proclamation recognizing this event will be
presented at the September 20, 2011 Council meeting.
4. CITIZEN COMMENT
Nancy Combs spoke in support of extending the 3-minute public comment period. She
commented on speeding/racing traffic along 21 st Avenue SW.
Norma Blanchard spoke regarding initiative processing timelines and issues with city staff.
Betty Taylor shared a video that highlighted the National Night Out event at her apartment
complex. She thanked staff for their efforts with this event.
Mia Franklin spoke regarding the development of the AMC Theatre Site and providing local
jobs. Ms. Franklin also spoke regarding the Airport Noise Study.
Kim Garcia spoke regarding the development of the AMC Theatre Site. She would like to see
development occur with a local contractor rather than an out of state developer.
Clara McArthur spoke regarding civility and free speech. She would also like Council excused
absences to reflect the reason a councilmember is absent. She also spoke regarding
neon/lighted signs in the City.
Laura Moser, Waste Management, reported that Waste Management will be collecting
curbside food for the 4' year and donating them to the MSC food bank.
Thom MacFarlane submitted written comments for the Clerk to read regarding term limits. He
would like to see this issue of term limits put out to the voters of Federal Way.
Steve Burdick submitted written comments for the Clerk to read regarding initiative and
referendum process. Mr. Burdick felt the staff presentation at the 5:30pm Special Meeting on
the timeframe to collect signatures for initiatives contained errors.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members
and brought before full Council for approval. All items are enacfed by one motion. Individual items may be
removed by a Councilmember for separate discussion and subsequent motion.
a. Minutes: August 2, 2011 Special and Regular Meeting, August 23, 2011 Special Meeting
b. Vouchers
c. Monthly Financial Report - July
d. 2012-2013 Solid Waste & Recycling Grant Approvals - Resolution 11-610
e. Waste Management Contract Amendment
f. Washington Auto Theft Prevention Authority (WATPA) Interagency Agreement
MOTION: Deputy Mayor Duclos moved approval of Consent Agenda items 5a
through 5f. Councilmember Burbidge second.
City Council Minutes — September 6, 2011 Regular Meeting Page 3 of 9
VOTE:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0.
6. PUBLIC HEARINGS
a. Moratorium on Cannabis Collective Gardens
Mayor Priest reviewed the format for the public hearing and declared the hearing open at
8:22 p.m.
Staff presentation:
City Attorney Pat Richardson stated that on July 19, 2011, the City Council enacted
ordinance 11-695 establishing a six-month moratorium on cannabis related collective
gardens. She reviewed the following findings: The legislature passed Engrossed
Second Substitute Bill 5073, which became effective July 22, 2011. The Bill allows
cannabis to be grown in collective gardens. The Bill allows the City to regulate
cannabis related collective gardens by enacting zoning, licensing and/or health and
safety requirements. The U.S. Department of Justice issued a letter dated April 14,
2011, stating that City employees conducting state mandated activities would not be
immune from criminal liability under federal law. A moratorium is necessary to provide
the City with time to study the potential impacts of the Bill, to develop appropriate
zoning, health, safety and/or licensing regulations and insure the regulations comply
with the law.
• Public Comment:
Mayor Priest called for public comment. Hearing none, he declared the public comment
period closed at 8:29 p.m.
• Council Action:
MOTION: Councilmember Kochmar moved adoption of the proposed findings to
support the six-month moratorium on cannabis related collective gardens.
Deputy Mayor Duclos second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0. Ordinance 11-698
MOTION: Councilmember Kochmar moved to close the public hearing at 8:30
p.m. Deputy Mayor Duclos second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
City Council Minutes — September 6, 2011 Regular Meeting Page 4 of 9
Councilmember Kochmar: Yes
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0.
b. AMC Theatre Site — Surplus Property
Mayor Priest reviewed the format for the public hearing and declared the public hearing
open at 8:31 p.m.
• Staff Presentation:
Finance Director Tho Kraus stated the City purchased the former AMC Theatre site in
January 2007. The property is surplus to the needs of the City. A public hearing and
approval of a resolution are required to declare the property surplus.
• Public Comment:
Mayor Priest called for public comment
Tracv Hills shared possible ideas for use of the AMC Theatre Site.
Betty Taylor asked for the RCW's and FWRC references in staff presentations to be
read or summarized.
Norma Blanchard asked what happened to the Crystal Palace development.
Mayor Priest stated the surplus of the property is required before the City can act to
enter into a develop agreement for the site, should a suitable proposal be presented
and accepted by the Council.
Amelia Vasser stated she hopes that the commitment to local hiring for the AMC site
redevelopment be included in the purchase and sale agreement.
• Council Action:
Motion: Councilmember Park moved approval of the resolution declaring the
property at 31066 20 Avenue South as surplus, and authorizing staff to begin
negotiating the sale of the property for the best available price or transfer to
another government entity. Councilmember Kochmar second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0. Resolution 11-611
Motion: Councilmember Park moved to close the public hearing at 8:38 p.m.
Councilmember Kochmar second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: Yes
City Council Minutes — September 6, 2011 Regular Meeting Page 5 of 9
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0.
7. COUNCIL BUSINESS
a. 2011-2012 Mid-Biennium Budqet Adlustment Calendar
Finance Director Tho Kraus reviewed the 2011-2012 mid-biennium budget calendar. The
Council will conduct a public hearing on the 2011-2012 biennial budget and property tax
rate on November 15, 2011. A special meeting will be held to review the mid-biennium
budget adjustment on November 29, 2011 (and November 30, 2011 if needed).
Ordinances adopting the 2011-2012 mid-biennial budget adjustment and 2012 property tax
rate will be presented to Council on December 6, 2011 as well as a resolution amending
the 2012 fee schedule. Public comment will be accepted at all budget meetings.
b. Usaqe and Lease of Part of the Former Tovs R Us Lot for Storaqe of Sand Sculpture Event
Materials
Community and Economic Development Director Patrick Doherty stated the City Council
approved a lease agreement with the Federal Way Community Council on July 5, 2011for
usage of the former Toys R Us site for the World Championship of Sand Sculpting. The
date range of the lease agreement is July 12, 2011 through September 9, 2011. The event
organizers have requested to place a large storage container on the former Toys R Us site
in the loading dock to store materials until next year's event. This request constitutes usage
of City property and therefore requires a Council approved lease agreement and fair market
value lease fee. Given the unusable condition of the site for regular commercial purposes,
a fair market value for usage of the loading dock area would be $10.00 per month lease
fee, paid in advance for a total of $130.00.
MOTION: Councilmember Park moved to approve the proposed lease agreement with
the Federal Way Community Council for usage of the loading dock behind the former
Toys R Us building to house a storage container holding supplies for the World
Championship of Sand Sculpture event, with a lease fee of $130.00 for the period of
September 9, 2011 through September 30, 2012. Councilmember povey second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: No
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 6-1, Councilmember Kochmar dissenting.
8. ORDINANCES
First Reading:
a. CB #580 FWRC Amendment to Allow Animal Kennels and Animal Care Facilities in
the Neiqhborhood Business Zone
City Council Minutes — September 6, 2011 Regular Meeting Page 6 of 9
An ordinance of the City of Federal Way, Washington, relating to allowing animal kennels and animal
care facilities in the Neighborhood Business, Community Business and Commercial Enterprise
zones; amending FWRC 19.215.040, 19.220.040 and 19.240.100
Principal Planner Margaret Clark stated the policy question before the Council is
whether or not to amend the Federal Way Revised Code (FWRC) to establish a
new definition for animal care facility and animal kennels and adopt new
development regulations for allowing animal care facilities and animal kennels in
the Neighborhood Business zone. In September 2009, the City received a request
to amend FW RC Chapter 10.215 to allow kennels, dog day care and pet training in
the Neighborhood Business zone. This request was presented to the Land Use
Transportation Committee on March 7, 2011 and April 5, 2011, and was selected to
be part of the 2011 Planning Commission Work Plan. The Planning Commission
conducted a public hearing on this item on May 18, 2011. They are recommending
approval of the staff recommendation to amend the FWRC, with one modification,
to prohibit breeding of antmals in the Neighborhood Business zone.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Kochmar moved to forward the ordinance to the
September 20, 2011 City Council meeting for second reading and enactment.
Deputy Mayor Duclos second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0.
b. CB #581 FWRC Amendments Relatinq to Seatinq Capacity of Restaurants in the
Office Park Zone
An ordinance of the City of Federal Way, Washington, relating to seating capacify of restaurants in
the Office Park zone; amending FWRC 19.235.020
Principal Planner Margaret Clark stated the policy question before the Council is
should the City amend the Federal Way Revised Code (FWRC) relating to
accessory uses, maximum seating capacity for restaurants. This request was
presented to the Land Use Transportation Committee on Marcy 7, 2011 and April 5,
2011, and was selected to be part of the 2011 Planning Commission Work Plan.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Kochmar moved to forward the ordinance to the
September 20, 2011 City Council meeting for second reading. Councilmember
Dovey second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes
Councilmember Burbidge: Yes
City Council Minutes — September 6, 2011 Regular Meeting Page 7 of 9
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0.
c. CB #582 Vacatinq a Portion of SW 340 Street
An ordinance of the City of Federal Way, Washington, relating to vacating a porfion of Southwest
340 Street located on the sough side of SW 340 Street, west of 13� Court SW adjacent to Lot 34
of Wynstone Plat at Federal Way
Parks/Public Works Director Cary Roe stated the City received a request from
Quadrant Corporations for the vacation of a portion of SW 340' Street in order to
better develop the lot and align the lot with the planned right-of-way width. The
vacation request was presented to Council on July 5, 2011, at which time a public
hearing was conducted. The Council approved the vacation with the condition that
Quadrant was to pay the City 50% of the appraised value of the property
($9,161.50) and obtain executed easements for utilities within the area to be
vacated. All conditions of the street vacation have been met per the Council's July
5, 2011 decision.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Kochmar moved to forward the ordinance to the
September 20, 2011 City Council meeting for second reading. Councilmember
Dovey second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0.
Second Reading:
d. CB #579 Truck Route Ordinance Amendment
An ordinance of the City of Federal Way, Washington relating to deliveries by truck; amending
FWRC 8.40.040
Mayor Priest stated at their August 2, 2011 meeting the Council moved to forward
the ordinance to second reading and enactment.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Kochmar moved approval of the ordinance.
Deputy Mayor Duclos second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes
City Council Minutes — September 6, 2011 Regular Meeting Page 8 of 9
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0. Ordinance 11-699
9. COUNCIL REPORTS
Councilmember Freeman reported that he attended the sand castle event as well as the
Kiwanis hot-rod car show. He reported on the upcoming September 11 remembrance and
prayer event at 6:OOpm at Sacajawea School.
Councilmember povey had no report.
Councilmember Burbidge reported the next PRHSPS meeting is September 13, 2011 at 5:30
p.m She participated in a conference call with the AWC Legislative Committee regarding the
SEPA and NEPA processes. The Arts Commission will be hosting an Art in the Garden Event
on September 17, 2011 that will include free performances on the Weyerhaeuser Campus.
Councilmember Park reported the next FEDRAC meeting would be September 27, 2011 at
5:30 p.m.
Councilmember Kochmar reported the next LUTC meeting is September 12, 2011 at 5:30 p.m.
She will be attending a Public Issues Committee meeting on September 17, 2011. September
21, 2011 is the Suburban Cities quarterly meeting and dinner with Governor Gregoire. The
Soroptimist's will be conducting a meeting at City Hall on September 27, 2011 regarding human
trafficking.
Councilmember Ferrell had no report.
Deputy Mayor Duclos reported on the upcoming September 11 commemorative events.
10. MAYOR'S REPORT
Mayor Priest had no report.
11. EXECUTIVE SESSION
The Council did not adjourn to executive session.
12. ADJOURNMENT
With no addition business before the Council Mayor Priest adjourned the meeting at 9:24 p.m.
Attest:
Carol McNeilly, CMC, City Clerk
Approved by Council:
City Council Minutes — September 6, 2011 Regular Meeting Page 9 of 9
COUNCIL MEETING DATE: September 20 2011 iTEM #: �
_ . _ _ __._... _ _.. __.._.. __ . _. ---
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2011 EMERGENCY MANAGEMENT PERFORMANCE GRANT AWARD
POLICY QUESTTON:
Should the City of Federal Way accept the 2011 Emergency Management Performance Grant award to help
fund the Emergency Management Specialist position and the mass notification system CodeRed?
CONIlVIITTEE: PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC
SAFETY COMMTTTEE
CATEGORY:
� Consent
❑ City Council Business
❑ Ordinance
❑ Resolution
MEETING DATE: September 13
2011
❑ Public Hearing
❑ Other
STAFF REPORT BY: Ra Gross D u Emer enc Masla er DEPT: Public Works
Y � ........�.._ tY . ...... . . g . Y . g. _ _
_ .............. _....—....
Attachments:
Memorandum
2011 Emergency Management Performance Grant (EMPG) Award contract
Options Considered:
Option 2.
MAYOR'S RECOMMENDATION Approval of Option 1, to accept the 2011 Emergency Management
Performance Grant Award.
Option 1.
Accept the 2011 Emergency Management Performance Grant Award.
Do not accept the 2011 Emergency Management Performance Grant award and
provide direction to staff.
MAYOR APPROVAL: 'b' � �' 1/ � DIRECTOR APPROVAL: Ci!f/Pl `.�
Commit e Co cil Committee Council
COMMITTEE RECOMMENDATION: I move to forward the 2011 Emergency Munugement Performance Grant
n�ei�irrl tn tho ,Contor�hor �/J� ('ih� (�'mrnril rnr�cor�t ��aori��i fnr �mnrnvnl
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED - OS/12/2010
COUNCIL BILL #
1 sT reacling
Enactment reading
ORDINANCE #
RESOLUTION #
PROPOSED COiTNCIL MOTION: `7 move approval of accepting the 2011 Federal Emergency Manageinent
Performunce Grant award "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
CITY OF FEDERAL WAY
MEMORANDUM
DATE: August 25 2011
TO: �'��°l�, �.�cr'eatiaa�, �i�flr�a� S��i�,e�s ���� Fa��alis� :������ �:'�7���vi���e�
VIA: Cary M. Roe, P.E., Director of Parks, Public Works, and Emergency Management �/1'�
FROM: Ray Gross, C.E.M., Deputy Emergency Manager
SUBJECT: Emergency Management Performance Grant (EMPG) Award
BACKGROUND:
The City of Federal Way Emergency Management Division has applied for the 2011 Emergency
Management Performance Grant (EMPG). The purpose of the EMPG is to assist with the
enhancement and sustainment of emergency management programs. Activities conducted using
EMPG funding should relate directly to the four elements of all-hazards emergency
management: response, recovery, mitigation and preparedness. Washington State Emergency
Management Division passes-through federal funding to eligible local emergency management
agencies.
The EMPG program requires a 50% match from the local jurisdiction and the total award amount
is based on the local Emergency Management Agency's operating budget. The City of Federal
Way has been awarded $37,072 and has $37,072 in matching funds. The performance period of
the 2011 EMPG is from October 1, 2010 through June 30, 2012. �
The City of Federal Way Emergency Management Division would like to use the awarded
EMPG funds along with carry forward monies as the local jurisdiction match, to help continue
funding of the Emergency Management Specialist position in the year 2011 and 2012. Funding
this position is vital to keeping the Community Emergency Response Team training and the
Neighborhood Emergency Team program at current levels of performance. EMPG funds would
also be used to help continue funding of the mass notification system CodeRed.
cc: Project File
Day Fite
Washington State Military Department
HOMELAND SECURITY GRANT AGREEMENT FACE SHEET
1. Sub-grantee Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number:
City of Federal Way
33325 8th Avenue South $37,072 E12-068
Federal Wa , WA 98063-9718
4. Sub-grantee Contact, phone number: 5. Grant Agreement Start Date: 6. Grant Agreement End Date:
Ray Gross, (253) 835-2712 October 1, 2010 June 30, 2012
7. Department Program Manager, phone number: 8. Data Universal Numbering System 9. UBI #(state revenue):
Charma Anderson, (253) 512-7064 ��uNS): 61-250-9901 601-223-538
10. Funding Authority:
Washington State Military Department (the "DEPARTMENT") and the U.S. Department of Homeland Security (DHS)
11. Federal Funding Source 12. Department 13. Catalog of Federal Domestic Assistance 14. TIN:
Agreement #: Funding Code (PI): (CFDA) # & Title:
2011-EP-00-0001 713PT 97.042 EMPG 91-1462550
15. Service Districts: 16. Service Area by County(ies): 17. Women/Minority-Owned, State
(BY LEGISLATIVE DISTRICT): 30 K Certified?: X N/A ❑ NO
(BY CONGRESSIONAL DISTRICT): 9 ❑ YES, OMWBE #
18. Agreement Classification 19. Contract Type (check all that apply):
� Personal Services ❑ Client Services X Public/Local Gov't ❑ Contract X Grant X Agreement
❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency
20. Sub-Grantee Selection Process: 21. Sub-Grantee Type (check all that apply)
X"To all who apply & qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit
❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction X Non-Profit
❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑NO ❑ VENDOR X SUBRECIPIENT ❑ OTHER
22. PURPOSE:
Provide U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) funds to
local jurisdictions and tribes with emergency management programs to support and enhance those programs as
described in the Wo�k Plan.
IN WITNESS WHEREOF, the Department and Sub-Grantee acknowledge and accept the terms of this Grant Agreement, including all
referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement
as of the date and year written below. This Grant Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and
Conditions (Exhibit B); Work Plan (Exhibit C); Milestone Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and
attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the
rights and obligations of the parties to this Grant Agreement. No other understandings, oral or otherwise, regarding the subject matter of
this Grant Agreement shall be deemed to exist or to bind any of the parties hereto.
In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations
2. Work Plan
3. Special Terms and Conditions
4. General Terms and Conditions, and,
5. Other provisions of the grant agreement incorporated by reference.
WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below.
FOR THE DEPARTMENT: FOR THE APPLICANT:
Signature Date Signature Date
James M. Mullen, Director Cary M. Roe
Emergency Management Division Director of Parks, Public Works & Emergency Management
Washington State Military Department
APPROVED AS TO FORM: APPROVED AS TO FORM (if applicable):
Brian E. Buchholz, (Signature on fite) 7/25/2011 ApplicanYs Legal Review Date
Assistant Attorne General
Form 10/27/00 kdb
DHS-FEMA-EMPG-FFY 11 Page 1 of 23 City of Federal Way«Contractor_Name»
E 12-068
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE I -- KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this
Grant Agreement. Any substitution of key personnel by either party shall be made by written
notification to the current key personnel.
SUB-GRANTEE MILITARY DEPARTMENT
Name Cary M. Roe P.E Name Charma Anderson
Title Director Title EMPG Pro ram Mana er
E-Mail cary.roe@cityoffederalway.com E-Mail c.anderson emd.wa. ov
Phone (253) 835-2701 Phone 253 512-7064
Name Ray Gross C.E.M. Name Sierra Wardell
Title Deputy Manager Title EMPG Pro ram Coordinator
E-Mail ray.gross@cityoffederalway.com E-Mail s.wardell emd.wa. ov
Phone 253-835-2712 Phone 253 512-7121
Name Name Deborah Henderson
Title Title EMPG Pro ram Assistant
E-Mail E-Mail d.henderson emd.wa. ov
Phone Phone 253 512-7470
ARTICLE II -- ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Sub-grantee shall comply with all applicable state and federal laws, regulations and
program guidance. A non-exclusive list of laws, regulations and guidance commonly applicable
to DHS/FEMA grants are listed here for reference only, and include, but are not limited to, the
following:
1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments; Office of
Management and Budget (OMB) Circular A-102, Grants and Cooperative Agreements with
State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-
Profit Organizations (formerly OMB Circular A-110).
2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal
Governments (formerly OMB Circular A-87); 2 CFR Part 220, Cost Principles for
Educational Institutions (formerly OMB Circular A-21); 2 CFR Part 230, Cost Principles for
Non-Profit Organizations (formerly OMB Circular A-122); OMB Circular A-133, Audits of
States, Local Governments and Non-Profit Organizations; and 48 CFR Part 31, §31.2,
Federal Acquisitions Regulations (FAR), Contract Cost Principles and Procedures,
Contracts with Commercial Organizations.
3. Grant funds will not replace (supplant) funds that have been budgeted for the same
purpose through non-Federal sources. The Sub-grantee, upon written request by the
Department, DHS or FEMA, shall demonstrate through supporting records and
documentation that a reduction in non-Federal resources occurred for reasons other than
the receipt or expected receipt of Federal funds.
4. Duplication of Benefits: There may not be a duplication of any Federal assistance by
governmental entities per 2 CFR Part 225, Appendix A, Basic Guidelines, Section C.3 (c),
which states: "Any cost allocable to a particular Federal award or cost objective under the
principles provided for in 2 CFR Part 225 may not be charged to other Federal awards to
overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal
awards, or for other reasons." However, this prohibition would not preclude governmental
units from shifting costs that are allowable under two or more awards in accordance with
DHS-FEMA-EMPG-FFY 11 Page 2 of 23 City of Federal Way«Contractor_Name»
E 12-068
existing program agreements. Non-governmental entities are also subject to this prohibition
per 2 CFR Parts 220 and 230 and 48 CFR Part 31.2.
5. The Sub-grantee shall comply with all applicable federal laws, regulations and guidance
referenced in the "Fiscal Year 2011 EMPG Program Guidance and Application Kit,
Section I— Application and Review Information May 2011" and the "Fiscal Year 2011
GPD Preparedness Grant Programs Guidance and Application Kit, Section II -- Award
Administrative Information May 2011", which can be found at
http://www.fema.gov/government/grant/empg/ and are hereby incorporated in and made
a part of this Agreement.
6. The Sub-grantee shall comply with the Federal Funding Accountability and
Transparency Act (FFATA) and related OMB Guidance consistent with Public Law
109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101
note) and Attachment #1 attached to and made a part of this Agreement.
ARTICLE III — REIMBURSEMENT/INVOICING PROCEDURES
1. This is a fixed price, reimbursement Grant Agreement. Within the total Grant Agreement
amount, travel, sub-contracts, salaries and wages, benefits, printing, equipment, and other
goods and services or other budget categories will be reimbursed on an actual cost basis
unless otherwise provided in this Grant Agreement. Any travel or subsistence
reimbursement allowed under the Grant Agreement shall be paid in accordance with rates
set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, but shall
not exceed federal maximum rates set forth at http://www.gsa.gov without prior written
approval by Department key personnel. Receipts and/or backup documentation for any
approved budget line items including travel related expenses that are authorized under this
Grant Agreement must be maintained by the Sub-grantee and be made available upon
request by the Department, and local, state, or federal auditors.
2. Receipts and/or backup documentation for any approved budget line items including travel
related expenses that are authorized under this Grant Agreement must be maintained by
the Sub-grantee and be made available upon request by the Department, and local, state,
or federal auditors.
3. The Sub-grantee will submit reimbursement requests to the Department by submitting an
A-19 Invoice form and a completed reimbursement spreadsheet (in the format provided by
the Department) detailing the expenditures for which reimbursement is sought.
Reimbursement requests shall be submitted to the Department's key personnel and must
be submitted no more frequently than monthly; and it is required that invoices be submitted
at least bi-annually.
4. All work under this Agreement must end on or before the Agreement End Date, and the
final reimbursement request must be submitted to the Department within 45 days after the
Agreement End Date. The maximum amount of all reimbursement requests permitted to
be submitted under this Grant Agreement, including the final reimbursement request, is
limited to and shall not exceed the total Grant Agreement Amount.
5. No equipment or supply costs will be reimbursed until the related equipment/supplies have
been received by the Sub-grantee and invoiced by the vendor.
6. Requests for reimbursement of equipment purchases must include a copy of the vendor's
invoice and packing slip or a statement signed and dated by the Sub-grantee's
authorized representative that states "all items invoiced have been received in good
working order, are operational, and have been inventoried according to contract and local
procurement requirements".
7. Failure to timely submit complete reports and reimbursement requests as required by this
Agreement (including but not limited to those reports in the Milestone Timeline and the
Work Plan) will prohibit the Sub-grantee from being reimbursed until such complete reports
DHS-FEMA-EMPG-FFY 11 Page 3 of 23 City of Federal Way«Contractor_Name»
E12-068
and reimbursement requests are submitted and the Department has had reasonable time
to conduct its review.
8. Final reimbursement requests will not be approved for payment if Sub-grantee is not
current with all reporting requirements contained in this Agreement.
ARTICLE IV — REPORTING REQUIREMENTS
1. The Sub-grantee shall submit with each reimbursement request a report describing
completed Work Plan activities for which reimbursement is sought.
2. In conjunction with the next annual grant cycle application process, the Sub-grantee shall
submit to the DepartmenYs key personnel a final report describing all completed-activities
under this Grant Agreement and new activities for which grant funding will be sought in the
upcoming grant cycle's Work Plan.
ARTICLE V — EQUIPMENT MANAGEMENT
All equipment purchased under this Grant Agreement, by the Sub-grantee or a contractor, will
be recorded and maintained in the Sub-grantee's equipment inventory system.
1. Upon successful completion of the terms of this Grant Agreement, all equipment purchased
through this Grant Agreement will be owned by the Sub-grantee, or a recognized sub-
recipient for which a contract, sub-Grant Agreement, or other means of legal transfer of
ownership is in place.
2. The Sub-grantee, or a recognized sub-grantee/sub-contractor, shall be responsible for any
and all operational and maintenance expenses and for the safe operation of their
equipment including all questions of liability. The Sub-grantee shall develop appropriate
maintenance schedules and procedures to ensure the equipment is well maintained and
kept in good operating condition.
3. The Sub-grantee shall maintain equipment records that include: a description of the
property; the manufacturer's serial number, model number, or other identification number;
the source of the equipment, including the Catalogue of Federal Domestic Assistance
(CFDA) number; who holds title; the acquisition date; the cost of the equipment and the
percentage of Federal participation in the cost; the location, use and condition of the
equipment at the date the information was reported; and disposition data including the date
of disposal and sale price of the property.
4. Records for equipment shall be retained by the Sub-grantee for a period of six years from
the date of the disposition, replacement or transfer. If any litigation, claim, or audit is
started before the expiration of the six year period, the records shall be retained by the
Sub-grantee until all litigation, claims, or audit findings involving the records have been
resolved.
5. The Sub-grantee shall take a physical inventory of the equipment and reconcile the results
with the property records at least once every two years. Any differences between
quantities determined by the physical inspection and those shown in the records shall be
investigated by the Sub-grantee to determine the cause of the difference. The Sub-grantee
shall, in connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
6. The Sub-grantee shall develop a control system to ensure adequate safeguards to prevent
loss, damage, and theft of the property. Any loss, damage or theft shall be investigated
and a report generated and sent to the Department.
7. If the Sub-grantee is authorized or required to sell the property, proper sales procedures
must be established and followed to ensure the highest possible return.
8. When original or replacement equipment is no longer needed for the original project or
program or for other activities currently or previously supported by a Federal agency,
disposition of the equipment will be made as follows:
DHS-FEMA-EMPG-FFY 11 Page 4 of 23 City of Federal Way«Contractor Name»
E 12-068
a. Items of equipment with a current per-unit fair market value of less than $5,000 may be
retained, sold or otherwise disposed of by the Sub-grantee with no further obligation to
the awarding agency.
b. Items of equipment with a current per-unit fair market value of more than $5,000 may
be retained or sold and the Sub-grantee shall compensate the Federal-sponsoring
agency for its share.
9. As recipient of federal funds the Sub-grantee must pass on equipment management
requirements that meet or exceed the requirements outlined above for all sub-contractors,
consultants, and sub-grantees who receive pass-through funding from this Grant
Agreement.
ARTICLE VI — ENVIRONMENTAL AND HISTORICAL PRESERVATION
1. The Sub-grantee shall ensure full compliance with FEMA's Environmental and Historic
Preservation (EHP) Program. Information about these requirements is located on
pages 31-32 of the "Fiscal Year 2011 EMPG Program Guidance and Application Kit,
Section I— Application and Review Information May 2011" and on pages 11-12 of the
"GPD Preparedness Grant Programs Guidance and Application Kit, Section II --
Award Administrative Information May 2011" both of which are located at FEMA: FY
2011 Emergency Management Performance Grants (EMPG) Program or
http://www.fema.gov/government/grant/empg/.
2. The Sub-grantee agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The Sub-grantee is
advised that any project or expenditure with the potential to impact natural or biological
resources or historic properties, including but not limited to, communication towers, physical
security enhancements, new construction, renovation, or modification to buildings or
structures, cannot be initiated until FEMA has completed the required EHP review. If
potential impact is identified, EHP review is required prior to project implementation.
Projects implemented prior to receiving EHP approval from FEMA risk de-obligation of
funds.
ARTICLE VII — PROCUREMENT
The Sub-grantee shall comply with all procurement requirements of 44 CFR Part 13.36,
Procurement. All sole source contracts expected to exceed $100,000 must be submitted to the
Department for review and approval prior to the Sub-grantee's award and execution of a
contract. This requirement must be passed on to all of the Sub-grantee's sub-contractors, at
which point the Sub-grantee will be responsible for reviewing and approving their sub-
contractors' sole source justifications.
ARTICLE VIII — SUB-GRANTEE MONITORING
1. The Department will monitor the activities of the Sub-grantee from award to closeout. The
goal of the DepartmenYs monitoring activities will be to ensure that agencies receiving
federal pass-through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant guidance, and applicable federal and state financial regulations,
as well as OMB Circular A-133, Audits of States, Local Governments and Non-Profit
Organizations.
2. Monitoring activities may include, but are not limited to:
a. review of performance reports;
b. monitor and document the completion of Grant Agreement deliverables;
c. documentation of phone calls, meetings, e-mails and correspondence;
d. review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Grant Agreement budget and federal requirements;
e. observation and documentation of Grant Agreement related activities, such as
exercises, training, funded events and equipment demonstrations;
DHS-FEMA-EMPG-FFY 11 Page 5 of 23 City of Federal Way«Contractor Name»
E 12-068
on-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
3. As a sub-recipient of federal funds, the Sub-grantee is required to meet or exceed the
monitoring activities, as outlined above, for all sub-contractors, consultants, and sub-
recipients who receive pass-through funding from this Agreement.
ARTICLE IX — GRANT AGREEMENT MODIFICATION REQUESTS
A Sub-grantee may request a modification to the Grant Agreement in writing to the Department
key personnel. Modifications may be requested for Grant Agreement end date, budget or scope
change.
ARTICLE X — NIMS COMPLIANCY
1. The Sub-grantee agrees that in order to receive Federal Fiscal Year 2011 (FFY11) federal
preparedness funding, to include EMPG, the National Incident Management System
(NIMS) compliance requirements for 2011 must be met.
2. In accordance with Homeland Security Presidential Directive (HSPD)-5, Management of
Domestic Incidents, the adoption of the National Incident Management System (NIMS) is a
requirement to receive Federal preparedness assistance, through grants, contracts, and
other activities. The NIMS provides a consistent nationwide template to enable all levels of
government, Tribal nations, nongovernmental organizations including voluntary
organizations, and private sector partners to work together to prevent, protect against,
respond to, recover from, and mitigate the effects of incidents, regardless of cause, size,
location, or complexity.
3. All local government and Tribal nations sub-grantees should update their respective NIMS
Compliance Assistance Support Tool (NIMSCAST) assessments and, if necessary, submit
a Corrective Action Plan via NIMSCAST for FFY10. Corrective Action Plans are only
required if a jurisdiction fails to meet one of the NIMS implementation activities.
Comprehensive information concerning NIMS implementation for States, Tribal nations,
local governments, nongovernmental organizations, and the private sector is available
through the National Integration Center (NIC) at FEMA's NIMS Resource Center at
http://www.fema.gov/nims.
4. Local governments and tribal nations should continue to implement NIMS training guidance
(course curricula and instructor qualifications) contained in the Five-Year NIMS Training
Plan, released in February 2008 and any successor guidance released by FEMA. [Note:
Coursework and training developed and/or delivered by National Wildfire Coordinating
Group (NWCG) meet the course and instructor requirements of the Five-Year NIMS
Training Plan]. NIMS training guidance is available on FEMA's NIMS Resource Center at
http://www.fema.gov/emergency/nims/NIMSTrainingCourses.
ARTICLE XI — EMPG SPECIFIC REQUIREMENTS
1. The Washington State Military Department Emergency Management Division (EMD)
receives grant funding each year from the U.S. Department of Homeland Security
(DHS)/Federal Emergency Management Agency (FEMA) through the Emergency
Management Performance Grant (EMPG) Program. The funding assists state and local
governments enhance and sustain all-hazards emergency management capabilities as
authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public
Law 93-288, as amended, 42 U.S.C. 5121-5207).
2. A portion of the FFY11 EMPG grant has been identified by the state to be passed through
to local jurisdictions and tribes that have emergency management programs to supplement
their local/tribal operating budgets. Each jurisdiction or tribe that applied and met the
qualifications specified in WAC 118-09 regarding emergency management assistance
funds was awarded a sub-grant based on the size of their agency's emergency
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management operating budget. Funds are used by local jurisdictions and tribes to enhance
their emergency management capability.
3. Funds are provided by DHS/FEMA solely for the use of supporting emergency
management programs as provided by EMPG Program. The Sub-grantee shall use the
funds to perform tasks as described in the Work Plan of the Sub-grantee's application for
funding, as approved by the Department. Funding may not be used to replace or supplant
existing local or tribal government funding of emergency management programs.
4. The Sub-grantee shall provide a match of $37,072 of non-federal origin. Match (cost
share) may be cash or in-kind. To meet matching requirements, the Sub-grantee
contributions must be reasonable, allowable, allocable and necessary under the grant
program and must comply with all Federal requirements and regulations, including but not
limited to 2 CFR Part 225, 2 CFR Part 215.23, and 44 CFR Part 13.24. An appropriate
mechanism must be in place to capture, track and document match.
5. The Sub-grantee acknowledges that since this Grant Agreement involves federal funding,
the period of performance described herein will likely begin prior to the availability of
appropriated federal funds. The Sub-grantee agrees that it will not hold the Department,
the State of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Grant
Agreement prior to distribution of appropriated federal funds.
The Sub-grantee agrees that it will not hold the Department, the State of Washington, or
the United States liable for any damages, claim for reimbursement or any type of payment
if federal funds are not appropriated or are not appropriated in a particular amount.
6. Exercises that are implemented with grant funds must meet the requirements of the FFY11
EMPG Program. Upon completion of the exercise, an After Action Report and an
Improvement Plan must be prepared and submitted to the Department.
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Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Grant Agreement, the following terms will have the meaning set
forth below:
a. "Department" means the Washington State Military Department, as a state agency,
any division, section, office, unit or other entity of the Department, or any of the
officers or other officials lawfully representing that Department.
b. "Sub-grantee" means the government or other eligible legal entity to which a sub-
grant is awarded and which is accountable to the Grantee for the use of the funds
provided under this Grant Agreement, and includes all employees of the Sub-grantee
and any sub-contractor retained by the Sub-grantee as permitted under the terms of
this Grant Agreement. The term "Sub-grantee" and "Contractor" may be used
interchangeably in this Agreement.
c. "Sub-grantee Agent" means the official representative and alternate designated or
appointed by the Sub-grantee in writing and authorized to make decisions on behalf
of the Sub-grantee.
d. "Grantee" means the government to which a grant is awarded and which is
accountable for the use of the funds provided. The Grantee is an entire legal entity
even if only a particular component of the entity is designated in the grant award
document. For the purpose of this Grant Agreement, the state of Washington is the
Grantee. The Grantee and the DEPARTMENT are one and the same.
e. "Monitoring Activities" means all administrative, financial, or other review activities
that are conducted to ensure compliance with all state and federal laws, rules,
authorities and policies.
f. "Investment Justification" means grant application investment justification
submitted by the sub-grantee describing the project for which federal funding is
sought and provided under this Grant Agreement. Such grant application investment
justification is hereby incorporated into this Grant Agreement by reference.
g. "PL" — is defined and used herein to mean the Public Law.
h. "CFR" — is defined and used herein to mean the Code of Federal Regulations.
i. "OMB" — is defined and used herein to mean the Office of Management and Budget.
j. "WAC" — is defined and used herein to mean the Washington Administrative Code.
k. "RCW" — is defined and used herein to mean the Revised Code of Washington.
A.2 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS)
Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of
federal funds from all sources, direct and indirect, are required to have a single or a
program-specific audit conducted in accordance with the Office of Management and
Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non-Profit
Organizations (amended June 27, 2003, effective for fiscal years ending after December
31, 2003, and further amended June 26, 2007). Non-federal entities that spend less
than $500,000 a year in federal awards are exempt from federal audit requirements for
that year, except as noted in Circular No. A-133. As defined in Circular A-133, the term
"non-federal entity" means a State, local government, or non-profit organization, and the
term "State" includes Indian tribes. Circular A-133 is available on the OMB Home Page
at http://www.omb.gov.
SUB-GRANTEE required to have an audit must ensure the audit is performed in
accordance with Generally Accepted Government Auditing Standards (GAGAS) as
found in the Government Auditing Standards (the Revised Yellow Book) developed by
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the Comptroller General and the OMB Compliance Supplement. The SUB-GRANTEE-
grantee has the responsibility of notifying its auditor and requesting an audit in
compliance with Circular A-133, to include the Washington State Auditor's Office, a
federal auditor, or a public accountant performing work using GAGAS, as appropriate.
Costs of the audit may be an allowable grant expenditure as authorized by Circular A-
133.
The SUB-GRANTEE shall maintain auditable records and accounts so as to facilitate the
audit requirement and shall ensure that any sub-contractors also maintain auditable
records.
The SUB-GRANTEE is responsible for any audit exceptions incurred by its own
organization or that of its sub-contractors. Responses to any unresolved management
findings and disallowed or questioned costs shall be included with the audit report. The
SUB-GRANTEE must respond to Department requests for information or corrective
action concerning audit issues or findings within 30 days of the date of request. The
DEPARTMENT reserves the right to recover from the SUB-GRANTEE all disallowed
costs resulting from the audit.
Once the single audit has been completed, the SUB-GRANTEE must send a full copy of
the audit to the DEPARTMENT and a letter stating there were no findings, or if there
were findings, the letter should provide a list of the findings. The SUB-GRANTEE must
send the audit and the letter no later than nine (9) months after the end of the SUB-
GRANTEE's fiscal year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
In addition to sending a copy of the audit, the SUB-GRANTEE must include a corrective
action plan for any audit findings and a copy of the management letter if one was
received.
If SUB-GRANTEE claims it is exempt from the audit requirements of Circular A-133,
SUB-GRANTEE must send a letter identifying this Grant Agreement and explaining the
criteria for exemption no later than nine (9) months after the end of the SUB-GRANTEE
fiscal year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
The DEPARTMENT retains the sole discretion to determine whether a valid claim for an
exemption from the audit requirements of this provision has been established.
The SUB-GRANTEE shall include the above audit requirements in any sub-contracts.
Conducting a single or program-specific audit in compliance with Circular A-133 is a
material requirement of this Grant Agreement. In the absence of a valid claim of
exemption from the audit requirements of Circular A-133, the SUB-GRANTEES failure to
comply with said audit requirements may result in one or more of the following actions in
the Department's sole discretion: a percentage of federal awards being withheld until the
audit is completed in accordance with Circular A-133; the withholding or disallowing of
overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.3 ADVANCE PAYMENTS PROHIBITED
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The Department shall make no payments in advance or in anticipation of goods or
services to be provided under this Agreement. SUB-GRANTEE shall not invoice the
Department in advance of delivery and invoicing of such goods or services.
A.4 AMENDMENTS AND MODIFICATIONS
The SUB-GRANTEE or the DEPARTMENT may request, in writing, an amendment or
modification of this Grant Agreement. However, such amendment or modification shall
not be binding, take effect or be incorporated herein until made in writing and signed by
the authorized representatives of the DEPARTMENT and the SUB-GRANTEE. No other
understandings or agreements, written or oral, shall be binding on the parties.
A.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42
U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED
TO AS THE "ADA" 28 CFR Part 35.
The SUB-GRANTEE must comply with the ADA, which provides comprehensive civil
rights protection to individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunication.
A.6 ASSURANCES
DEPARTMENT and SUB-GRANTEE agree that all activity pursuant to this Grant
Agreement will be in accordance with all the applicable current federal, state and local
laws, rules and regulations.
A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION. OR INELIGIBILITY
As federal funds are a basis for this Grant Agreement, the SUB-GRANTEE certifies that
the SUB-GRANTEE is not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in this Grant Agreement by
any federal department or agency.
If requested by the DEPARTMENT, the SUB-GRANTEE shall complete and sign a
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
form. Any such form completed by the SUB-GRANTEE for this Grant Agreement shall
be incorporated into this Grant Agreement by reference.
Further, the SUB-GRANTEE agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180.
The SUB-GRANTEE certifies that it will ensure that potential sub-contractors or sub-
recipients or any of their principals are not debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include
procurement contracts for goods or services awarded under a non-procurement
transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed
$25,000, and sub-awards to sub-recipients for any amount. With respect to covered
transactions, the SUB-GRANTEE may comply with this provision by obtaining a
certification statement from the potential sub-contractor or sub-recipient or by checking
the Excluded Parties List System (EPLS) maintained by the federal General Services
Administration (GSA). The SUB-GRANTEE also agrees not to enter into any
arrangements or contracts with any party on the Washington State Department of Labor
and Industries' "Debarred Contractor List."
A.8 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of the
SUB-GRANTEE or its designees or agents; no member of the governing body of the
jurisdiction in which the project is undertaken or located; and no other official of such the
SUB-GRANTEE who exercises any functions or responsibilities with respect to the
project during his or her tenure, shall have any personal or pecuniary gain or interest,
direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Grant Agreement. The
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SUB-GRANTEE shall incorporate, or cause to incorporate, in all such contracts or
subcontracts, a provision prohibiting such interest pursuant to this provision.
A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The SUB-GRANTEE and all its contractors shall comply with, and the DEPARTMENT is
not responsible for determining compliance with, any and all applicable federal, state,
and local laws, regulations, executive orders, OMB Circulars, and/or policies. This
obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy
Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities
Act (ADA), the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL
93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against
Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56),
Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW
43.21 C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW
19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for
Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of the SUB-GRANTEE's or its contractor's noncompliance or refusal to
comply with any applicable law, regulation, executive order, OMB Circular or policy, the
DEPARTMENT may rescind, cancel, or terminate the Grant Agreement in whole or in
part in its sole discretion. The SUB-GRANTEE is responsible for all costs or liability
arising from its failure to comply with applicable law, regulation, executive order, OMB
Circular or policy.
A.10 DISCLOSURE
The use or disclosure by any party of any information concerning the DEPARTMENT for
any purpose not directly connected with the administration of the DEPARTMENT's or the
SUB-GRANTEE's responsibilities with respect to services provided under this Grant
Agreement is prohibited except by prior written consent of the DEPARTMENT.
However, the parties acknowledge that the DEPARTMENT, and state and local
agencies as defined in RCW 42.56.010, are subject to RCW 42.56, the state Public
Records Act.
A.11 DISPUTES
The DEPARTMENT and SUB-GRANTEE shall make every effort to resolve disputes
arising out of or relating to this Grant Agreement through discussion and negotiation.
Should discussion and negotiation fail to resolve a dispute arising under this Agreement,
the parties shall select a dispute resolution team to resolve the dispute. The team shall
consist of a representative appointed by each party and a third representative mutually
agreed upon by both parties. The team shall attempt, by majority vote, to resolve the
dispute.
Both parties agree that this dispute resolution process shall precede any action in a
judicial or quasi-judicial tribunal. Nothing in this section shall preclude the parties from
mutually agreeing to a different dispute resolution method in lieu of the procedure
outlined above.
A.12 LEGAL RELATIONS
It is understood and agreed that this Grant Agreement is solely for the benefit of the
parties to the Grant Agreement and gives no right to any other party. No joint venture or
partnership is formed as a result of this Grant Agreement.
To the extent allowed by law, the SUB-GRANTEE, its successors or assigns, will
protect, save and hold harmless the DEPARTMENT, the State of Washington, and the
United States Government and their authorized agents and employees, from all claims,
actions, costs, damages or expenses of any nature whatsoever by reason of the acts or
omissions of the SUB-GRANTEE, its sub-contractors, assigns, agents, contractors,
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consultants, licensees, invitees, employees or any person whomsoever arising out of or
in connection with any acts or activities authorized by this Grant Agreement.
To the extent allowed by law, the SUB-GRANTEE further agrees to defend the
DEPARTMENT and the State of Washington and their authorized agents and employees
in any litigation; including payment of any costs or attorneys' fees for any claims or
action commenced thereon arising out of or in connection with acts or activities
authorized by this Grant Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the DEPARTMENT; provided, that if the claims or
damages are caused by or result from the concurrent negligence of (1) the
DEPARTMENT, and (2) the SUB-GRANTEE, its agents, or employees, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of the SUB-
GRANTEE, or SUB-GRANTEE's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal
Emergency Management Agency (FEMA), is an agency of the federal government, the
following shall apply:
44 CFR 206.9 Non-liabilitv. The federal government shall not be liable for any claim
based upon the exercise or performance of, or the failure to exercise or perform a
discretionary function or duty on the part of a federal agency or an employee of the
federal government in carrying out the provisions of the Stafford Act.
A.13 LIMITATION OF AUTHORITY — Authorized Siqnature
The signatories to this Agreement represent that they have the authority to bind their
respective organizations to this Agreement. Only the DEPARTMENT's Authorized
Signature and the Authorized Signature of the assigned SUB-GRANTEE Agent or
Alternate for the SUB-GRANTEE Agent, formally designated in writing, shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this Grant Agreement. Any alteration, amendment, modification, or waiver
of any clause or condition of this Grant Agreement is not effective or binding unless
made in writing and signed by both parties Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the SUB-
GRANTEE shall have signature authority to sign reimbursement requests, time
extension requests, amendment and modification requests, requests for changes to
projects or work plans, and other requests, certifications and documents authorized by
or required under this Agreement.
A.14 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or
limited in any way after the effective date of this Agreement and prior to normal
completion or end date, the DEPARTMENT may unilaterally reduce the scope of work
and budget or unilaterally terminate all or part of the Agreement as a"Termination for
Cause" without providing the SUB-GRANTEE an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and
Modifications" to comply with new funding limitations and conditions, although the
Department has no obligation to do so.
A.15 NONASSIGNABILITY
Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall
be transferred or assigned by the SUB-GRANTEE.
A.16 NONDISCRIMINATION
The SUB-GRANTEE shall comply with all applicable federal and state non-discrimination
laws, regulations, and policies. No person shall, on the grounds of age, race, creed,
color, sex, sexual orientation, religion, national origin, marital status, honorably
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discharged veteran or military status, or disability (physical, mental, or sensory) be
denied the benefits of, or otherwise be subjected to discrimination under any project,
program, or activity, funded, in whole or in part, under this Grant Agreement.
A.17 NOTICES
The SUB-GRANTEE shall
required by applicable local,
compliance.
comply with all public notices or notices to individuals
state and federal laws and shall maintain a record of this
A.18 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHANVISHA)
The SUB-GRANTEE represents and warrants that its work place does now or will meet
all applicable federal and state safety and health regulations that are in effect during the
SUB-GRANTEE's performance under this Grant Agreement. To the extent allowed by
law, the SUB-GRANTEE further agrees to indemnify and hold harmless the
DEPARTMENT and its employees and agents from all liability, damages and costs of
any nature, including but not limited to, costs of suits and attorneys' fees assessed
against the DEPARTMENT, as a result of the failure of the SUB-GRANTEE to so
comply.
A.19 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or
constructed with funds under this Grant Agreement, and by this grant of funds does not
and will not acquire any ownership interest or title to such property of the SUB-
GRANTEE. The SUB-GRANTEE shall assume all liabilities arising from the ownership
and operation of the project and agrees to hold the DEPARTMENT and the state of
Washington and the United States government harmless from any and all causes of
action arising from the ownership and operation of the project.
A.20 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or
to further the election or defeat of any candidate for public office or influence the
approval or defeat of any ballot issue.
A.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Grant Agreement shall not be used in payment of
any bonus or commission for the purpose of obtaining approval of the application for
such assistance or any other approval or concurrence under this Grant Agreement
provided, however, that reasonable fees or bona fide technical consultant, managerial,
or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.22 PUBLICITY
The SUB-GRANTEE agrees to submit to the DEPARTMENT prior to issuance all
advertising and publicity matters relating to this Grant Agreement wherein the
DEPARTMENT's name is mentioned or language used from which the connection of the
DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or implied.
The SUB-GRANTEE agrees not to publish or use such advertising and publicity matters
without the prior written consent of the DEPARTMENT. The SUB-GRANTEE may
copyright original work it develops in the course of or under this Grant Agreement;
however, pursuant to 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to
use the work for government purposes.
Publication resulting from work performed under this Grant Agreement shall include an
acknowledgement of FEMA's financial support, by CFDA number, and a statement that
the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
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A.23 RECAPTURE PROVISION
In the event the SUB-GRANTEE fails to expend funds under this Agreement in
accordance with applicable federal, state, and local laws and/or the provisions of the
Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount
equivalent to the extent of noncompliance. Such right of recapture shall exist for the life
of the project following Grant Agreement termination. Repayment by the SUB-
GRANTEE of funds under this recapture provision shall occur within 30 days of demand.
In the event the DEPARTMENT is required to institute legal proceedings to enforce the
recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including
attorney fees.
A.24 RECORDS
a. The SUB-GRANTEE agrees to maintain all books, records, documents, receipts,
invoices and all other electronic or written records necessary to sufficiently and
properly reflect the SUB-GRANTEE's contracts, grant administration, and payments,
including all direct and indirect charges, and expenditures in the performance of this
Grant Agreement (the "records").
b. The SUB-GRANTEE's records related to this Grant Agreement and the projects
funded may be inspected and audited by the DEPARTMENT or its designee, by the
Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller
General of the United States or its designees, or by other state or federal officials
authorized by law, for the purposes of determining compliance by the SUB-
GRANTEE with the terms of this Grant Agreement and to determine the appropriate
level of funding to be paid under the Grant Agreement.
c. The records shall be made available by the SUB-GRANTEE for such inspection and
audit, together with suitable space for such purpose, at any and all times during the
SUB-GRANTEE's normal working day.
d. The SUB-GRANTEE shall retain and allow access to all records related to this Grant
Agreement and the funded project(s) for a period of at least six (6) years following
final payment and closure of the grant under this Grant Agreement.
A.25 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the DEPARTMENT undertakes to assist the SUB-GRANTEE with the
projecUstatement of work/work plan (project) by providing grant funds pursuant to this
Grant Agreement, the project itself remains the sole responsibility of the SUB-
GRANTEE. The DEPARTMENT undertakes no responsibility to the SUB-GRANTEE, or
to any third party, other than as is expressly set out in this Grant Agreement.
The responsibility for the design, development, construction, implementation, operation
and maintenance of the project, as these phrases are applicable to this project, is solely
that of the SUB-GRANTEE, as is responsibility for any claim or suit of any nature by any
third party related in any way to the project.
Prior to the start of any construction activity, the SUB-GRANTEE shall ensure that all
applicable Federal, State, and local permits and clearances are obtained, including but
not limited to FEMA compliance with the National Environmental Policy Act, the National
Historic Preservation Act, the Endangered Species Act, and all other environmental laws
and executive orders.
The SUB-GRANTEE shall defend, at its own cost, any and all claims or suits at law or in
equity, which may be brought against the SUB-GRANTEE in connection with the project.
The SUB-GRANTEE shall not look to the DEPARTMENT, or to any state or federal
agency, or to any of their employees or agents, for any performance, assistance, or any
payment or indemnity, including but not limited to cost of defense and/or attorneys' fees,
in connection with any claim or lawsuit brought by any third party related to any design,
development, construction, implementation, operation and/or maintenance of a project.
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A.26 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the SUB-GRANTEE hereby certifies that to the best of
their knowledge and belief: (1) no federally appropriated funds have been paid or will be
paid by or on behalf of the SUB-GRANTEE to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement; (2) that if any funds other than federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Grant
Agreement, grant, loan, or cooperative agreement, the SUB-GRANTEE will complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions; (3) and that, as applicable, the SUB-GRANTEE will require that the
language of this certification be included in the award documents for all subawards at all
tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and
cooperative agreements) and that all sub-recipients shall certify and disclose
accordingly. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into, and is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Grant
Agreement or its application to any person or circumstances invalid, this invalidity does
not affect other provisions, terms or conditions of the Grant Agreement, which can be
given effect without the invalid provision. To this end, the terms and conditions of this
Grant Agreement are declared severable.
A.28 SUB-CONTRACTING
The SUB-GRANTEE shall use a competitive procurement process in the award of any
contracts with contractors or sub-contractors that are entered into under the original
contract award. The procurement process followed shall be in accordance with 44 CFR
Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments, or with OMB Circular A-110, Uniform Administrative
Requirements for Grants and Other Agreements with Institutions of Higher Education,
Hospitals, and Other Nonprofit Organizations, as applicable to the SUB-GRANTEE.
All sub-contracting agreements entered into pursuant to this Grant Agreement shall
incorporate this Grant Agreement by reference.
A.29 SUB-GRANTEE NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this
Grant Agreement. The SUB-GRANTEE, and/or employees or agents performing under
this Grant Agreement are not employees or agents of the DEPARTMENT in any manner
whatsoever. The SUB-GRANTEE will not be presented as nor claim to be an officer or
employee of the DEPARTMENT or of the State of Washington by reason of this Grant
Agreement, nor will the SUB-GRANTEE make any claim, demand, or application to or
for any right or privilege applicable to an officer or employee of the DEPARTMENT or of
the State of Washington by reason of this Grant Agreement, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security
benefits, retirement membership or credit, or privilege or benefit which would accrue to a
civil service employee under Chapter 41.06 RCW.
It is understood that if the SUB-GRANTEE is another state department, state agency,
state university, state college, state community college, state board, or state
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commission, that the officers and employees are employed by the state of Washington in
their own right and not by reason of this Grant Agreement.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Grant Agreement, the SUB-GRANTEE shall be
responsible for, pay and maintain in current status all taxes, unemployment
contributions, fees, licenses, assessments, permit charges and expenses of any other
kind for the SUB-GRANTEE or its staff required by statute or regulation that are
applicable to Grant Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Grant Agreement, the SUB-GRANTEE may
terminate this Grant Agreement by providing written notice of such termination to the
DEPARTMENTS's Key Personnel identified in the Grant Agreement, specifying the
effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Grant Agreement, the DEPARTMENT, in its sole
discretion and in the best interests of the State of Washington, may terminate this Grant
Agreement in whole or in part by providing ten (10) calendar days written notice,
beginning on the second day after mailing to the SUB-GRANTEE. Upon notice of
termination for convenience, the DEPARTMENT reserves the right to suspend all or part
of the Grant Agreement, withhold further payments, or prohibit the SUB-GRANTEE from
incurring additional obligations of funds. In the event of termination, the SUB-GRANTEE
shall be liable for all damages as authorized by law. The rights and remedies of the
DEPARTMENT provided for in this section shall not be exclusive and are in addition to
any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the DEPARMENT, in its sole discretion, determines the SUB-GRANTEE
has failed to fulfill in a timely and proper manner its obligations under this Grant
Agreement, is in an unsound financial condition so as to endanger performance
hereunder, is in violation of any laws or regulations that render the SUB-GRANTEE
unable to perform any aspect of the Grant Agreement, or has violated any of the
covenants, agreements or stipulations of this Grant Agreement, the DEPARTMENT has
the right to immediately suspend or terminate this Grant Agreement in whole or in part.
The DEPARTMENT may notify the SUB-GRANTEE in writing of the need to take
corrective action and provide a period of time in which to cure. The DEPARTMENT is
not required to allow the SUBGRANTEE an opportunity to cure if it is not feasible as
determined solely within the DEPARTMENT's discretion. Any time allowed for cure shall
not diminish or eliminate the SUB-GRANTEE's liability for damages or otherwise affect
any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the
SUB-GRANTEE an opportunity to cure, the DEPARTMENT shall notify the SUB-
GRANTEE in writing of the need to take corrective action. If the corrective action is not
taken within ten (10) calendar days or as otherwise specified by the DEPARTMENT, or if
such corrective action is deemed by the DEPARTMENT to be insufficient, the Grant
Agreement may be terminated in whole or in part.
The DEPARTMENT reserves the right to suspend all or part of the Grant Agreement,
withhold further payments, or prohibit the SUB-GRANTEE from incurring additional
obligations of funds during investigation of the alleged compliance breach, pending
corrective action by the SUB-GRANTEE, if allowed, or pending a decision by the
DEPARTMENT to terminate the Grant Agreement in whole or in part.
In the event of termination, the SUB-GRANTEE shall be liable for all damages as
authorized by law, including but not limited to, any cost difference between the original
Grant Agreement and the replacement or cover Grant Agreement and all administrative
costs directly related to the replacement Grant Agreement, e.g., cost of administering the
competitive solicitation process, mailing, advertising and other associated staff time.
DHS-FEMA-EMPG-FFY 11 Page 16 of 23 City of Federal Way«Contractor_Name»
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The rights and remedies of the DEPARTMENT provided for in this section shall not be
exclusive and are in addition to any other rights and remedies provided by law.
If it is determined that the SUB-GRANTEE: (1) was not in default or material breach, or
(2) failure to perform was outside of the SUB-GRANTEE's control, fault or negligence,
the termination shall be deemed to be a"Termination for Convenience".
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the DEPARTMENT terminates this Grant
Agreement, the SUB-GRANTEE shall follow any procedures specified in the termination
notice. Upon termination of this Grant Agreement and in addition to any other rights
provided in this Grant Agreement, the DEPARTMENT may require the SUB-GRANTEE
to deliver to the DEPARTMENT any property specifically produced or acquired for the
perFormance of such part of this Grant Agreement as has been terminated.
If the termination is for convenience, the DEPARTMENT shall pay to the SUB-
GRANTEE the agreed upon price, if separately stated, for properly authorized and
completed work and services rendered or goods delivered to and accepted by the
DEPARTMENT prior to the effective date of Grant Agreement termination, and the
amount agreed upon by the SUB-GRANTEE and the DEPARTMENT for (i) completed
work and services and/or equipment or supplies provided for which no separate price is
stated, (ii) partially completed work and services and/or equipment or supplies provided
which are accepted by the DEPARTMENT, (iii) other work, services and/or equipment or
supplies which are accepted by the DEPARTMENT, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the
"Disputes" clause of this Grant Agreement. If the termination is for cause, the
DEPARTMENT shall determine the extent of the liability of the DEPARTMENT. The
DEPARTMENT shall have no other obligation to the SUB-GRANTEE for termination.
The DEPARTMENT may withhold from any amounts due the SUB-GRANTEE such sum
as the DEPARTMENT determines to be necessary to protect the DEPARTMENT against
potential loss or liability.
The rights and remedies of the DEPARTMENT provided in this Grant Agreement shall
not be exclusive and are in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the
DEPARTMENT in writing, the SUB-GRANTEE shall:
a. Stop work under the Grant Agreement on the date, and to the extent specified, in
the notice;
b. Place no further orders or sub-contracts for materials, services, supplies,
equipment and/or facilities in relation to this Grant Agreement except as may be
necessary for completion of such portion of the work under the Grant Agreement
as is not terminated;
c. Assign to the DEPARTMENT, in the manner, at the times, and to the extent
directed by the DEPARTMENT, all of the rights, title, and interest of the SUB-
GRANTEE under the orders and sub-contracts so terminated, in which case the
DEPARTMENT has the right, at its discretion, to settle or pay any or all claims
arising out of the termination of such orders and sub-contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of
orders and sub-contracts, with the approval or ratification of the DEPARTMENT
to the extent the DEPARTMENT may require, which approval or ratification shall
be final for all the purposes of this clause;
e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and
to the extent directed by the DEPATMENT any property which, if the Grant
Agreement had been completed, would have been required to be furnished to the
DEPARTMENT;
DHS-FEMA-EMPG-FFY 11 Page 17 of 23 City of Federal Way«Contractor Name»
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�
Complete performance of such part of the work as shall not
terminated by the DEPARTMENT in compliance with all
requirements; and
Take such action as may be necessary, or as the DEPARTMENT
for the protection and preservation of the property related t
Agreement which is in the possession of the SUB-GRANTEE and
DEPARTMENT has or may acquire an interest.
have been
contractual
may require,
o this Grant
in which the
A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the Grant Agreement specifically provides for different rates, any travel or
subsistence reimbursement allowed under the Agreement shall be paid in accordance
with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
amended. The SUB-GRANTEE may be required to provide to the Department copies of
receipts for any travel related expenses other than meals and mileage (example:
parking) that are authorized under this Agreement.
A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The SUB-GRANTEE is encouraged to utilize business firms that are certified as
minority-owned and/or women-owned in carrying out the purposes of this Grant
Agreement. The SUB-GRANTEE may set utilization standards, based upon local
conditions or may utilize the state of Washington MWBE goals, as identified in WAC
326-30-041.
A.36 WAIVERS
No conditions or provisions of this Grant Agreement can be waived unless approved in
advance by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon
strict performance of any provision of the Grant Agreement or to exercise any right
based upon a breach thereof, or the acceptance of any performance during such breach,
shall not constitute a waiver of any right under this Grant Agreement.
A.37 VENUE
This Grant Agreement shall be construed and enforced in accordance with, and the
validity and performance shall be governed by the laws of the state of Washington.
Venue of any suit between the parties arising out of this Grant Agreement shall be the
Superior Court of Thurston County, Washington. The SUB-GRANTEE, by execution of
this Grant Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
DHS-FEMA-EMPG-FFY 11 Page 18 of 23 City of Federal Way«Contractor Name»
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Exhibit C
� 2011 Emergency Management Program Workplan
�
�
>
� Agency: City of Federal Way
Q
Required Activities for EMPG eligibility
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and
tribal emergency management programs. Activities conducted using EMPG funding should relate directly to the
four elements of emergency management: prevention; protection; response; and recovery. Washington State
does not require a specific number of activities to receive EMPG funding, however, there are required
capabilities that must be conducted in order to remain eligible for EMPG funding, including the ability to
communicate and warn, educate the ublic, train and exercise, lan and be NIMS com liant
Emergency
Management Communications and Warning
Function
� General Plan for 2011 Calendar Year: Will take part in the weekly CEMNET radio test conducted by
Washington State DEM. Will take part in the weekly 800Mhz radio test conducted by King County OEM.
Will take part in the Monthly 800MHz Zone 3 radio test. Will Conduct the quarterly Federal Way
150MHz radio test. Will use CodeRed mass notification system at least twice in 2011.
Emergency
Management Public Education and Information
2 Function
General Plan for 2011 Calendar Year: Will conduct two CERT classes to the community, one CERT
class for the Federal Way Public Schools AmeriCorps program. Will conduct two Neighborhood
Emergency Team trainings, and will conduct two disaster academies for the community.
Emergency
Management Operations and Procedures
3 Function
General Plan for 2011 Calendar Year Will conduct three EOC notification/activation drills which will
test communications systems, call out procedures and EOC set up procedures. Will conduct one
field/EOC exercise testin the dama e assessment teams and EOC staff.
Emergency
Management Training
4 Function
General Plan for 2011 Calendar Year: Will conduct 3 Introductions to the EOC trainings, and NIMS
refresher trainings with a focus on IS 100 and IS 200.
DHS-FEMA-EMPG-FFY 11 Page 19 of 23 City of Federal Way«Contractor_Name»
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Exhibit D
MILESTONE TIMELINE
FFY11 Emergency Management Performance Grant Program
MILESTONE TASK
October 1, 2010 Start of Grant Agreement performance period.
June 30, 2012 End of grant performance period.
August 15, 2012 Submit all final reports, requests for reimbursement and/or
deliverables.
DHS-FEMA-EMPG-FFY 11 Page 20 of 23 City of Federal Way«Contractor_Name»
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Exhibit E
Budget Sheet
FFY11 Emergency Management Performance Grant Program
LOCAL EMERGENCY MANAGEMENT BUDGET SUMMARY
g ry 2011 Local
Cate o Funds Budget*
Salaries and Benefits $159,110
Travel $960
Supplies $4,300
Telephones $372
IT $8,400
Printing $378
Other $31,300
Total All Program Costs $204,820
FFY11 EMPG Award $37,072
The City of Federal Way award is $37,072. This is based on the FFY10 allocation factor of
18.1% of approved local/tribal emergency management operating budgets. This award will not
be used to supplant the existing local/tribal funds identified above. The DepartmenYs
Reimbursement Spreadsheet will accompany each reimbursement request submitted. In
addition, the Contractor agrees to make all records available to Military Department staff, upon
request. A total of 5% of this award can be used to pay for management and
administration of this contract.
If the local/tribal emergency management operation budget should change, as the award
contract amount is based on the budget, an amendment may have to be issued
modifying the award contract amount.
No federal funds are included in the local emergency management operating budget.
Funding Source: U.S. Department of Homeland Security - PI# 713PT — EMPG
DHS-FEMA-EMPG-FFY 11 Page 21 of 23 City of Federal Way«Contractor Name»
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ATTACHMENT #1
ADDITIONAL AGREEMENT PROVISIONS
for Compliance With the
Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282)
A. This contract (subaward) is supported by federal funds, requiring compliance with the Federal
Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of
Management and Budget Guidance (OMB). Public Law 109-282 as amended by section 6202(a)
of Public Law 110-252 (see 31 U.S.C. 6101 note). By entering into this contract, contractor
agrees to provide all applicable reporting information to the Washington Military Department
(WMD) required by FFATA and OMB Guidance.
B. The FFATA requires the OMB to establish a publicly available online database
(USASpending.gov) containing information about entities that are awarded Federal grants, loans,
and contracts. As required by FFATA and OMB Guidance, certain information on the first-tier
subawards related to Federal contracts and grants, and the executive compensation of awardees,
must be made publicly available.
C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or
greater than $25,000, reporting of the subaward and executive compensation information is
required. If the initial subaward is below $25,000 but subsequent grant modifications result in a
total subaward equal to or over $25,000, the subaward will be subject to the reporting
requirements as of the date the subaward exceeds $25,000. If the initial subaward equals or
exceeds $25,000 but funding is subsequently de-obligated such that the total award amount falls
below $25,000, the subaward continues to be subject to the reporting requirements of the
Transparency Act and OMB Guidance.
D. As a Federal grant subawardee under this contract, your organization is required by FFATA,
OMB Guidance and this contract to provide the WMD, as the prime grant awardee, all
information required for FFATA compliant reporting by WMD. This includes all applicable
subawardee entity information required by FFATA and OMB Guidance, subawardee DL1NS
number, and relevant executive compensation data, as applicable.
1. Data about your organization will be provided to USASpending.gov by the WMD
or by the Federal Contractor Registry (CCR). CCR is a government wide
registration system for organizations that do business with the Federal
Government. CCR stores information about awardees including financial account
information for payment purposes and a link to D&B for maintaining current
DLTNS information, www.ccr.gov. WMD encourages CCR registration and
annual renewal by your organization to minimize unnecessary data entry and re-
entry required by both WMD and your organization. It will also reduce the
potential of inconsistent or inaccurate data entry.
2. Your organization must have a Data Universal Numbering System (DUNS)
number obtained from the firm Dun and Bradstreet (D&B) (www.dnb.com). A
DLTNS number provides a method to verify data about your organization. D&B is
responsible for maintaining unique identifiers and organizational linkages on
behalf of the Federal Government for organizations receiving Federal assistance.
E. The WMD, as the prime awardee, is required by FFATA to report names and total
compensation of the five (5) most highly compensated officers of your arganization (as the
subawardee) i£
DHS-FEMA-EMPG-FFY 11 Page 22 of 23 City of Federal Way«Contractor_Name»
E12-068
1. Your organization (the subawardee), in the preceding fiscal year, received 80 percent ar
more of its annual gross revenues from Federal awards and $25,000,000 or mare in
annual gross revenues from Federal awards; and
2. The public does not have access to this information about the compensation of the senior
executives of your organization through periodic reports filed under section 13(a) or
15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or
section 6104 of the Internal Revenue Code of 1986.
"Total compensation" for purposes of this requirement generally means the cash and non-cash
value earned by the executive during the past fiscal year and includes salary and bonus; awards
of stock, stock options and stock appreciation rights; and other compensation such as severance
and termination payments, and value of life insurance paid on behalf of the employee, and as
otherwise provided by FFATA and applicable OMB guidance.
F. If (1) in the preceding fiscal year your organization received 80 percent ar more of its annual
gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from
Federal awards, and (2) the public does not have access to this information about the
compensation of the seniar executives of your organization through periodic reports filed under
section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)
or section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation
for the five most highly compensated officers of your organization in the table below:
If your organization does not meet these criteria, specifically identify below each criteria that is
not met for your organization:
1-12-2011 Final
DHS-FEMA-EMPG-FFY 11 Page 23 of 23 City of Federal Way«Contractor_Name»
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COUNCIL MEETING DATE: Sept 20, 2011 ITEM #:�_
_..... _.... __... _ _... _ _ _.. _..
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: FIRST AMENDMENT TO THE THUNDERING OAK ENTERPRISES AGREEMENT
POLICY QUESTION Should the Mayor and Council authorize a first amendment to the Thundering Oak
Enterprises Agreement?
COMMITTEE: PRHSPS
CATEGORY:
� Consent
❑ City Council Business
❑ Ordinance
❑ Resolution
MEETING DATE: Sept 13, 2011
❑ Public Hearing
❑ Other
STAFF REPOR'r BY: Stephen Ikerd – Parks & Facilities Manager DEP'r: PRCS
History: Following a competitive bid process in 2010, Thundering Oak Enterprises entered into a Tree Services
Agreement in December of the same year. This service provides on call; tree assessments, hazardous trees
mitigation and storm cleanup. The Department experienced a high amount of service calls and there is a need to
increase amount of compensation and the term for this on call service. By mutual agreement we seek
authorization to extend their term for an additional two years at the same 2010 rate. The compensation would be
increased by $49,900.00 for a grand total contract value of $66,610.00. Funding for this service is covered
through the Urban Forestry account and Park Operations.
Options Considered:
1) Authorize a first amendment to the Thundering Oak Enterprises Agreement by extending their term an
additional two years and increase the compensation by $46,900.00
21 Do not authorize a first amendment and nrovide direction to staff
MAYOR'S RECOMMENDATION Option 1: Authorize a first amendment to the Thundering Oak Enterprises
Agreement by extendin� their term an additional two years and increase the compensation by $46,900.00
MAYOR APPROVAL:
DIRECTOR APPROVAL: ,1���`Y�, �
Committee Counci
COMMITTEE RECOMMENDATION "I move to forward the authorization of a first amendment to the Thundering
Oak Enterprises Agreement by extending their term an additional two years and increase the compensation by
$46,900.00, and authorize the Mayor to move said authorization to the full Council Sept 20, 2011 consent agenda
for approval " �—
, ✓'�_
� Committe Chair - � Committ� ber Com mber
PROPOSED COUNCIL MOTION "I move approval of authorizing a first amendment to the Thundering Oak
Enterprises Agreement by extending their term an additional two years and increase the compensation by
$46, 900. DO "
(BELOW TO BE COMPLETED BY C/TY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED I reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
COUNCIL MEETING DATE: September 20, 2011
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT SCHOOL RESOURCE OFFICER CONTRACT
POLICY QUESTION:
Should the City of Federal Way /Federal Way Police Department allow ratification of the Interlocal Agreement
between the City of Federal Way and the Federal Way School District No. 210 for School Resource Officers for
the term of September 1, 2011 to August 31, 2014?
COMMITTEE Parks, Recreation, Human Services and Public Safety
Council Committee - (PRHS&PS)
CATEGORY:
� Consent
❑ City Council Business
❑ Ordinance
❑ Resolution
STAFF REPORT BY: SANDY
LIEUTENANT
MEETING DATE Sept. 13 , 2011
❑ Public Hearing
❑ Other
DEPT: Police Department
Attachments:
1. PRHS&PS Staff Memo
2. Interlocal Agreement between the City of Federal Way and Federal Way School District No. 2l0 for
School Resource Officers
Options Considered:
] . Ratify the agreement.
2. Reject the agreement.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR'S APPROVAL: ����� �l/� � D[RECTOR APPROVAL: �._.`���/iti,� .. C�' Jr%�I �'!'/y��.lC��1
Comi ee � Coun 1 Committee Coimcil
COMMITTEE RECOMMENDATION: I move to forward the proposed Interlocal Agreement between the City oJ
Federal and the Federal Way School District No. 210 to the Septe�nber 13, 2011 consent agenda for approval.
�---
_ � �, A---� --�
� ` � ,
�a � �.—. ��� �
Committee Chair Commit � ber Co ' ee Member
PROPOSED COUNCIL MOTION: "I move approval of the Interlocal Agreement belween the City of Federal
Way and Federal Way School District No. 210 for School Resource Officers, effective September 1, 2011
through August 31, 2014 with a total compensatiorr of �402,965.00, and authorize the Mayor to sign said
agreement. "
(BELOW TO BE COMPGETED BY ClTY CLERKS OFFICE)
COUNCIL ACTION:
� APPROVED COUNCIL BILL #
❑ DENIED 1 reading
❑ TABLED/DEFERRED/':VO ACTION Enactment reading
❑ MOVE.D TO SECOND READING (ordrnances only) ORD[NAVCE #
REVISED-08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: September 13, 2011
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Skip Priest, Mayor
FROM: Brian J. Wilson, Chief of Police
SUBJECT: Acceptance of the Interlocal Agreement Between the City of Federal Way and the
Federal Way School District No. 210 for School Resource Officers.
Background
School Resource Officers (SROs) are commissioned Federal Way police officers that provide
law enforcement and security services to the Federal Way School District. Their primary
responsibility is to protect students and school staff from harm. SROs are assigned to designated
high schools and respond to requests for police service throughout the Federal Way School
District. SROs augment school security, assist school staff, and take law enforcement action on
and around school campuses. Additionally, SROs serve as role-models for students, build
relationships with students and parents, give criminal justice and crime prevention education,
enhance community outreach, increase public awareness, and foster a cooperative working
relationship with school district personnel.
The original SRO Agreement was set in August of 1999 and has been maintained since that time
with only minor modifications and variations that reflect the needs of the City and the School
District. The term of this Interlocal Agreement is from September 1, 2011 to August 31, 2014.
Thereafter, this Agreement shall automatically renew year to year unless terminated pursuant to
Section VII hereo£ This agreement has been reviewed and approved by the legal departments of
both parties and is ready for final signatures.
` CITY OF GTY HALL
'�.� Fe d e ra ' ��� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
w�vw crtyoffeder�3lwe�y conl
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF FEDERAL WAY AND FEDERAL WAY SCHOOL DISTRICT NO. 210
FOR
SCHOOL RESOURCE OFFICERS
This Interlocal Agreement ("Agreement") is made and entered into this 1 St day of September, 2011, by and
between the City of Federal Way, a Washington municipal corporation ("City"), and Federal Way School
District No. 210, ("District"). The City and District (together "Parties") are located and do business at the
below addresses which shall be valid for any notice required under this Agreement:
FEDERAL WAY SCHOOL DISTRICT NO. 210: I CITY OF FEDERAL WAY:
Diana Seeley, Director of Risk Management
31405 18 Ave S
Federal Way, WA 98003
(253) 945-2070 (telephone)
(253) 945-2055 (facsimile)
dseelev. fwps. or�
Brian Wilson, Chief of Police
33325 8 Ave. S.
Federal Way, WA 98003-6325
(253) 253-835-6701 (telephone)
(253) 253-835-6739 (facsimile)
Lvnette. allen(�a,citvoffederalway. com
Pursuant to Chapter 39.34 RCW, the City and District may enter into an agreement through their
respective legislative bodies whereby the City will provide fully commissioned police officers to serve
as School Resource Officers on District property pursuant to such terms as may be mutually agreed
upon. It is considered necessary and desirable in the public interest that the City and District exercise
the rights and privileges afforded by said statute. Therefore, it is mutually agreed by and between the
City and District as follows:
1. Definitions. The following definitions shall apply to this Agreement:
l.l
1.2
1.3
1.4
1.5
1.6
C� - The City of Federal Way.
District - Federal Way School District No. 210.
School Resource Officer ("SRO") - A fully commissioned police officer who is assigned by the
Department to provide law enforcement and security services to the District. The SRO assignment
at the school campuses is the equivalent of a.7349 full time police officer with the remainder .2651
to be assigned at the discretion of the Department Adjustments to this staffing allocation may be
made if mutually agreed upon between the District and the City.
School Campus - The school building, all parking lots or outside common areas adjacent to the
school building, and all property within 1 /2 mile.
Department - The Federal Way Police Department, City of Federal Way.
School Year - One hundred eighty one (181) days of official school days, one day before and one
day after for preparation, closing and staff ineeting totaling one hundred eighty-three (183) days
between the months of August and June. The preparation day and the closing day shall be mutually
agreed upon between the SRO and the building principal. The District "in-service training day" for
the Security Department at the beginning of each school year is considered mandatory attendance
for all SROs.
SRO INTERLOCAL - 1 - 6/2011
� CITY OF
� Federal Way
1.7
1.8
1.9
1.10
1.11
1.12
1.13
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
avtiv�v cityo(feder�3lw��y cc�m
Annual Cost Letter — A letter outlining anticipated annual costs for services for the next school year
is to be submitted by the City to the District in the month of February prior to the school year. The
anticipated costs are based on the number of officers (FTEs) and are calculated as follows; hours of
work per calendar year total 2080 hours or 249 eight-hour days and 183 contracted days per year.
The work performed by a SRO represents a staff equivalent of .7349 of a full-time position. The
anticipated costs for services will be calculated on the .7349 equivalent. Adjustments to this
calculation may change based on alternative officer assignments, e.g. '/2 time officer deployment.
Extra-duty Assi�nments - Extra-duty assignments include, but are not limited to, athletic games,
dances, graduations and other events that occur outside the normal school day as defined in Section
5, Hours of Work.
Daily Routine - The daily routine includes assignment to various locations on/around the school
campus, or various events. The daily routine does not include policies, procedures, guidelines or
work rules.
Overtime - Overtime costs are calculated and paid in accordance with the Fair Labor Standards Act
and the Federal Way Police Officers Guild Contract. The District shall be billed for only school
related overtime, which includes incidents that begin on the school grounds during the SRO's
scheduled workday and continue into overtime. Overtime related to criminal incidents that do not
involve the school will not be billed.
Sister Schools - shall provide continuity of staffing during absences as described in Section 3.3.
Decatur and Todd Beamer SRO's will provide coverage for each other, as will Federal Way and
Thomas Jefferson. Truman will be supported as needed by the nearest available SRO.
School Campus SecuritX - It is the intent of the Parties that City police officers provide school
campus security for the high schools. An SRO will be assigned to the following high schools:
Decatur, Federal Way, Thomas Jefferson, and Todd Beamer. A full time SRO will be assigned to
the District as a Relief SRO to cover for any absences, be present at Truman High School during
lunch and dismissal time whenever possible, and assist with traffic patrol surrounding schools in
the District as well as other projects assigned far a total of four (5) full time positions.
Unscheduled absence. An unscheduled absence is defined as the Federal Way Police Department
being notified of an absence by an assigned SRO less than twenty-four (24) hours prior to the
scheduled shift.
2. Purpose. School Campus Security: It is the intent of the Parties that City police officers provide school
campus security for the high schools. An SRO will be assigned to the following high schools: Decatur,
Federal Way, Thomas Jefferson, and Todd Beamer. A Relief SRO will be assigned to assist with SRO
coverage at the High Schools including Truman and school zone enforcement around Federal Way
Schools.
3. City's Responsibilities.
3.1 SRO Assi�nment to the School Campus. Upon receipt of Notice from the District, the City
agrees to assign an SRO, as defined in Section 1.3, for a rotation of one school year. In the
event of operational needs or other unforeseen circumstances, the City will assign the
replacement SRO.
SRO INTERLOCAL - 2 - 6/2011
� CITY OF
'�... Federal
CITY HALL
W �� 33325 8th Avenue South
Federa! Way, WA 98003-6325
(253) 835-7000
avtiviv cityoffederz3lw��u com
3.2 Performance Evaluations Discipline Assignment and Other Personnel Actions. The City will
continue to evaluate the performance of a SRO, to administer discipline, to investigate
allegations of misconduct, assign duties, and take any other personnel action in accordance
with applicable City policies, guidelines, and/or collective bargaining agreement. The City, in
its discretion, may utilize the District's performance comments/observations referenced in
Section 4.2.
3.3 Staffin�.
A. Scheduled Absence. The City agrees to provide a full day replacement for each day of
scheduled absence with the following exceptions:
1. Each SRO shall attend one day of mandatory training provided by the City per month.
Coverage during training shall be provided by the Relief SRO or under the "sister
school" philosophy. During mandatory training, the City shall maintain minimum of
three (3) SROs in the District during school hours.
2. The SRO may attend additional designated training approved by the City and with the
agreement of the building principal. The Safety and Security Manager will be notified as
soon as practical. When training outside of the mandatory monthly training is approved,
a minimum of four (4) SRO's, one (1) to cover each high school will be provided by the
City.
B. Unscheduled Absence. The City shall maintain a minimum of three (3) officers assigned
within the District during school hours except during exigent circumstances, which include
but are not limited to natural disasters, riots, or large scale disturbances requiring Federal
Way police officers response.
1. On the first day of an absence due to illness or emergency, coverage will be provided by
the Relief SRO.
2. In the event the Relief SRO is already assigned to cover a building, the resulting
coverage will be provided as described in the "sister school" philosophy.
C. Absence for Other Duties and/or Training. Except as noted above, the City agrees to
provide a replacement officer for the hours of absence in the event a SRO is absent more
than four (4) hours for Department duties and/or training.
3.4 Transport of Criminal Suspects. After an SRO arrests individuals or detains individuals
suspected of criminal activity, the SRO will normally remain on the school campus, and
additional police officers will be dispatched to transport said individuals. The City, in its
discretion, may require the SRO to leave the school campus and transport the individuals.
3.5 Invoices
A. Regular SRO Work. The City will submit two invoices during the school year, one in
January and one in June, for work performed. Each invoice represents work for 91 days,
which equates to one-half of the school year.
B. Extra-duty Assi ng ments. The City will submit an invoice monthly for all work as a result of
extra-duty assignments.
C. Overtime. The City will submit an invoice monthly for all overtime worked. The City
maintains responsibility to document overtime.
SRO INTERLOCAL - 3 - 6/2011
� CITY OF
'� Federal
CITY HALL
W �� 33325 8th Avenue South
Federal 411ay, WA 98003-6325
(253) 835-7000
�vtiv�u ciryotfedere3lw��y com
3.6 Annual Cost Letter. On or before February 1 St of each year the City will provide the District
Security Manager an Annual Cost Letter estimating the anticipated annual costs for services for
the next school year.
3.7 Uniform and Equipment.
A. Uniforms. Normally a SRO will be attired in police uniform. However, either upon the
request of the building principal or, if applicable, the Memorial Field Coordinator, other
attire may be approved by the City for specific occasions. Dress down attire will maintain a
professional image and may include bike uniforms or other activity specific attire.
B. Transportation. The City, in its discretion, may provide vehicles or other means of
transportation for the SRO.
C. Radio Communications. The City will provide the SRO a radio capable of routine and/or
emergency interaction with dispatch operations, and integrated with the regional public
safety radio network. Cellular phones may be provided at the City's discretion.
3.8 Extra-dutv Assi�nments. The City agrees to attempt to assign the extra-duty work to the SRO
assigned to the particular school campus but will also attempt to reduce any overtime.
39 Minimum Benefits. Pursuant to RCW 28A.400.285, persons performing services under this
Agreement shall be provided health benefits similar to those provided School District
employees who would otherwise perform the work, but in no case are such health benefits
� required to be greater than the benefits provided for basic health care services under chapter
70.47 RCW.
3.10 Record Check. Pursuant to RCW 28A.400.303, the City shall require a record check through
the Washington State Patrol criminal identification system under RCW 43.43.830 through
43.43.834, 10.97.030 and 10.97.050 and through the federal bureau of investigation before
hiring any employee who will have regularly scheduled unsupervised access to children in the
School District's schools. The record check shall include a fingerprint check using a complete
Washington state criminal identification fingerprint card. The City shall provide a copy of the
record report to the applicant. When necessary, applicants may be employed on a conditional
basis pending completion of the investigation. If the applicant has had a record check within
the previous two years, the City may waive the requirement.
3.11 Crimes A�ainst Children. Pursuant to RCW 28A.400.330, as now or hereafter amended, the
City shall prohibit any employee of the City from working at a public school who has contact
with children at a public school during the course of his/her employment and who has pled
guilty to or been convicted of any felony crime involving the physical neglect of a child under
chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36 RCW
(except motor vehicle violations under chapter 46.61 RCW), sexual exploitation of a child
under chapter 9.68A RCW, sexual offenses under 9A.44 RCW where a minor is a victim,
promoting prostitution of a minor under chapter 9A.88 RC W, the sale ar purchase of a minor
child under RCW 9A.64.030, or violation of similar laws or another jurisdiction. Any failure to
comply with this section shall be grounds for the School District to immediately terminate this
SRO INTERLOCAL - 4 - 6/2011
� CITY OF
'�.- Federal
CITY HALL
W �� 33325 8th Avenue South
Federal Way, WA 980Q3-6325
(253) 835-7000
avtiv�v citynffedare31w�3y cc�m
Agreement.
4. District's Responsibilities.
4.1 District Request Removal of SRO. The District may request removal of a SRO for unsatisfactory
performance or far incompatibility. All requests for removal must be in writing from the District's
designee or the building principal of the school being served and submitted to the Chief of Police.
4.2 Performance Comments. The building principal and/or the District's designee will provide the
City's SRO supervisor with performance comments and observations concerning the SRO upon
request (generally on an annual basis). The SRO supervisor is wholly responsible for the SRO's
performance appraisal; the building principal's and/or the District's designee comments will not
replace the evaluation, but may be included in it.
4.3 Compensation. The rate for the SRO's will adjust annually in accordance with the Police
Department Guild Collective Bargaining Agreement. Upon receipt of an invoice, the District will
reimburse the City within thirty (30) days, exclusive of overtime and extra duty assignments costs.
A. Annual Ne�otiation of Costs. After February 1 st of each year, the District agrees to negotiate
the compensation based upon the anticipated costs of services as set forth in the Annual Cost
Letter in Section 3.6.
B. Extra-dutv assi�nments. The District agrees to pay the prevailing hourly rate for each extra duty
hour worked by a police officer. In the event that overtime is incurred, the District agrees to
pay the overtime rate as defined in Section 1.10.
C. New Position(s). In the event the City and the District agree to establish additional SRO
position(s) during the school year, the District will pay the proportionate amount based upon the
actual days worked.
D. Overtime. The District agrees to pay any and all overtime costs in accordance with the Fair
Labor Standards Act and the Guild Contract.
4.4 Office Space/Equipment.
A. The District will provide an office space, desk, dedicated phone line, voice mail, district and
internet based electronic mail and a computer.
B. The District will provide access to private interview rooms.
C. Generally the school campus of the District will provide a site-based portable radio to permit
communications between staff and the SRO, and to enable monitoring of staff/campus
activities. In the event a site-based radio is not provided, it is the responsibility of the site
principal to ensure that acceptable alternative communication protocols and methods are in
place.
4.5 Extra Duty Assi�nments. The District shall determine the need far extra duty assignments. Should
there be a need for a SRO, the District reserves the right to negotiate with the City for "extra-duty"
police services as defined in Section 1.8. The District's first preference is that the SRO assigned to
the school would also be assigned to the extra duty assignments. When this is not possible, the
SRO INTERLOCAL - 5 - 6/2011
GITY OF
� Federal
CITY HALL
��� 33325 8th Avenue South
Federal Way, WA 98003-6325
{253) 835-7000
tvtiv�v crry� com
extra duty assignments shall be offered in the following order of priority; first, to cunent SRO's in
the District, and second to other Department police officers.
4.6 Assignment of Daily Routine. The principal may assign the daily routine of the SRO provided the
assignment does not conflict with City policies, guidelines, protocols, work rules and/or applicable
collective bargaining agreement.
4.7 Transport Students. The District will maintain responsibility to transport students not involved in
criminal activity.
5. Hours of Work. An SRO will work an eight-hour shift, inclusive of the lunch period.
The SRO may be subject to call during the lunch period. The actual hours worked will be
determined by the needs of the school principal. Generally, hours for high schools approximate
0700 (7:00 a.m.) to 1500 (3:00 p.m.). The Parties recognize that the SRO is subject to the Fair
Labor Standards Act (FLSA) and that overtime may occur.
SROs will attend weekly campus-based meetings with peer SROs and/or SRO supervisor. The
weekly meeting will be rotated between campuses and will not exceed sixty (60) minutes.
The SROs are encouraged to attend the regional SRO meeting.
6. Term. The term of this Agreement shall be for an initial period of three years, from September
1, 2011 through August 31, 2014. Thereafter, this Agreement shall automatically renew year to year unless
terminated pursuant to Section 7 hereof.
7. Termination.
7.1 The District may terminate this Agreement for "just cause" provided that it has provided ninety
(90) days prior written notice to the City.
"Just Cause" shall mean the City's failure to perform its obligations under this Agreement
following notice from the District of such failure and after an opportunity for the City to cure or
satisfy such obligations.
7.2 Either party may terminate this Agreement with or without cause at the end of the school year by
ninety (90) days prior written notice to the other party. For this paragraph, the school year end date
shall be June 30'" of the current year.
8. Insurance.
8.1 Amount. It is hereby understood and agreed that each Party to this Agreement shall obtain and
maintain public liability insurance in an amount not less than TWO MILLION AND NO/100
DOLLARS ($2,000,000) single limit liability.
8.2 Certificate. Each Party shall provide proof of insurance coverage to the other Party. The City shall
provide the District with an evidence of coverage letter from Washington Cities Insurance
SRO INTERLOCAL - 6 - 6/2011
` CITY OF
'�,,."�._. Fe d e ra I
CITY HALL
W �� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) $35-7000
s+nro�iv ciiyoffederalw�3u cc��n
Authority. The District shall provide the City with an evidence of coverage letter from the
Washington Schools Risk Management Pool. Insurance coverage shall be maintained at all times.
9. Indemnification.
9.1 The District. The District agrees to defend, indemnify, and hold the City, its elected officials,
officers, employees, agents, and volunteers harmless from any and all claims, demands, losses,
actions and liabilities (including costs and all attorney fees) to or by any and all persons ar entities,
including, without limitation, their respective agents, licensees, or representatives, arising from,
resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors
or omissions of the District, its partners, shareholders, agents, employees, or by the District's breach
of this Agreement.
9.2 The Citv. The City agrees to defend, indemnify, and hold the District, its elected officials, officers,
employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and
liabilities (including costs and all attorney fees) to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or representatives, arising from, resulting
from, or connected with this Agreement to the extent caused by the negligent acts, errors or
omissions of the City, its partners, shareholders, agents, employees, or by the City's breach of this
Agreement.
9.3
10.1
10.2
Survival. The provisions of this article shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
10. General Provisions.
Administration. The responsibility for overseeing the compliance with the provisions of this
Agreement shall be handled jointly between the Parties, and no separate legal or
administrative entity shall be formed by the Parties for such purpose.
Independent Contractor. It is the intention of the City and of the District that each SRO is a
City employee.
10.3 Confidentiality. Both the School District and the City are governed by laws requiring
confidentiality for certain records and information contained therein. Pursuant to RCW
13.50.010(1)(a) the City and the School District are "juvenile justice and care" agencies
which maintain records (hereinafter "juvenile records") as defined in RCW 13.50.010(1)(c).
Both Parties agree that the juvenile records will only be released in accordance with RCW
13.50.050(4). The City will not release copies of reports, investigations, or other documents
which are not juvenile records if such records are exempt from disclosure under either the
Public Disclosure Act, RCW 42.17.250-42.17.348, or the Criminal Privacy Act, RCW 10.97
et seq.
Pursuant to the terms of the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g
and regulations promulgated thereunder, City personnel providing security services to the
School District may be provided access to student records in the course of their duties and
will be expected to maintain the confidentiality of such infarmation except as disclosure is
SRO INTERLOCAL - 7 - 6/2011
` CITY OF GTY HA�L
� Fed e ra I��y 33325 8th Avenue South
Federai Way, WA 98003-6325
(2531 835-7000
av�ti�iv cityoffeclere3lway cc�m
permitted by law. For the purposes of the foregoing statute, the City shall be recognized as
an official law enforcement unit of the School District.
10.4 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect
to any matter covered or mentioned in this Agreement and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose.
10.5 Modification. No provision of this Agreement may be amended or added to except by agreement in
writing signed by the Parties or their respective successors in interest.
10.6 Full Force and Effect. Any provision of this Agreement which is declared invalid, void or illegal
shall in no way affect, impair, or invalidate any other provision hereof and such other provisions
shall remain in full force and effect.
10.7 Assignment• Neither the City nor the District shall have the right to transfer or assign, in whole or
in part, any or all of its obligations and rights hereunder without the prior written consent of the
other Party.
10.8 Attornev Fees. In the event the City or the District defaults on the performance of any terms
in this Agreement, and the District or City places the enforcement of the Agreement or any
part thereof, or the collection of any monies due, or to become due hereunder, or recovery of
possession of any belongings, in the hands of an attorney, or file suit upon the same, each
Party shall pay all its own attorney's fees, costs and expenses. The venue for any dispute
related to this Agreement shall be King County, Washington.
10.9 No Waiver. Failure of either Party to declare any breach or default immediately upon
occurrence thereof, or delay in taking any action in connection with, shall not waive such
breach or default, but either Party shall have the right to declare any such breach or default at
any time and take such actions that might be lawful or authorized hereunder either at law or
in equity. Failure of the either Party to declare one breach or default does not act as a waiver
of either Party's right to declare another breach or default.
10.10 Arbitration. Disagreement concerning the interpretation or application of the provisions of
this Agreement is subject to arbitration provided that the City Manager, or his or her
designee, and the District Superintendent, ar his or her designee, have discussed and
attempted to settle the dispute. The Party desiring arbitration shall submit written notice of
the intent to arbitrate along with the basis for the dispute. Following receipt of the notice to
arbitrate, the other Party may request a meeting within fourteen (14) working days in attempt
to resolve the matter. If the matter cannot be resolved, the Parties shall first attempt to select
an arbitrator. If no agreement can be reached on the selection of the arbitrator, the City and
the District agree to use the services of the American Arbitration Association for the
selection of the arbitrator. Each party shall be responsible for its own costs and fees incurred
in preparing for and participating in the arbitration. The arbitrator fees along with any
administration fee shall be borne equally by the City and by the District. The arbitrator shall
determine the controversy in accordance with the laws of the State of Washington. The
arbitrator's decision shall be binding upon both Parties.
SRO INTERLOCAL - 8 - 6/2011
` CI7Y OF
'�._. Federal
CITY HALL
��� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
wtiv�v. crtYOffeciarniw�3y coiT1
10.11 Captions. The respective captions of the Sections of this Agreement are inserted for convenience
of reference only and shall not be deemed to modify or otherwise affect any of the provisions of
this Agreement.
10.12 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not
intended to be exclusive, but shall be cumulative with all other remedies available at law, in equity
or by statute.
10.13 Equal Opportunity to Draft. The Parties have participated and had an equal opportunity to
participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity shall
be construed against any party upon a claim that party drafted the ambiguous language.
10.14. Filin��reement. This Agreement shall be filed with the Secretary of the Board of
Directors of Federal Way School District No. 210, the City Clerk of the City of Federal Way,
and the King County Records and Elections Division.
10.15 Supplemental Securitv Officers. The District reserves the right to place a campus security
officer to assist the assigned SRO at any time.
[Signature page follows]
SRO INTERLOCAL - 9 - 6/2011
` CItY OF
� Federal
CITY HALL
W �� 33325 8th Avenue South
Federal Way, WA 98003-6325
(2531 835-7000
avtv�v cityo�feder�hvny com
IN WITNESS WHEREOF, the above and foregoing Interlocal has been executed by the parties hereto
and made effective on the day and year first above written:
CITY OF FEDERAL WAY
Skip Priest, Mayor
Attest:
Carol McNeilly, CMC, City Clerk
Approved as to Form:
Patricia A. Richardson, City Attorney
FEDERAL WAY SCHOOL
DISTRICT NO. 210
Robert Neu, Superintendant
Approved as to Form:
Diana L. Seeley,
Director of Risk Management and Purchasing
SRO INTERLOCAL - 10 - 6/2011
COUNCIL MEETING DATE: September 20th, 2011
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:��
SUS.TECT: Memorandum of Agreement (MOA) between Federal Way Police and the Department of
Homeland Security (DHS), allowing permission to utilize certain Federal Way Police radio frequencies on
a limited basis for emergency preparedness.
POLICY QUESTION Should the Federal Way Police Chief enter into this Agreement to allow the Department
of Homeland Security to use certain Federal Way police radio frequencies for local emergencies and mutual
aid requests?
COMMITTEE Parks, Recreation, Human Services and Public Safety
Council Committee - (PRHS&PS)
CATEGORY:
� Consent
❑ City Council Business
STAFF REPORT BY: ANDY HW
❑ Ordinance
❑ Resolution
DEPUTY CHIEF OF POLICE
Attachments:
1. PRHS&PS Staff Memo
2. Memorandum of Agreement (MOA)
MEETING DATE Sept. 13 , 2011
❑ Public Hearing
❑ Other
DEPT: Police Department
Options Considered:
1. Authorize Chief Wilson to enter into this Agreement with Homeland Security to enhance interoperability.
2. Decline this request by Homeland Security.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR'S APPROVAL:
o __���
DIRECTOR APPROVAL .1,�1� fs�,���r �G�i��, �Jd��l/
Committee Council
COMMITTEE RECOMMENDATION: "I move to forward this request for radio fr equency sharing with
Homeland Security, to the September 20, 2011 City Council meeting, consent agenda, for approva�l._'
�
Committee Chair
�.
�--�
Member
�ROPOSED COUNCIL MOTION `7 move approval of this request by the Department of Homeland Security,
and authorize Police Chief Brian Wilson to sign said agreement. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1 reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
CITY OF FEDEI�AL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: September 13, 2011
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Skip Priest, Mayor
FROM: Brian J. Wilson, Chief of Police
SUBJECT: Memorandum of Agreement with the Department of Homeland Security.
Background
The Department of Homeland Security's, (DHS), Western Command office is located within the
City of Federal Way. This federal agency has a large mobile command vehicle, (MCV), which
can be used for local and regional emergency operations.
DHS contacted the Federal Way Police Department requesting permission to have access to
certain Federal Way Police 800 MHz radio frequency talk-groups, for installation in their mobile
command vehicle, (MCV).
We have established a solid working relationship with this agency and have been offered access
to their MCV, upon request.
Allowing DHS access to certain police radio frequencies will enhance interoperability and
provide direct communication capabilities far emergency and mutual aid scenarios. Access to
our police radio frequencies will allow DHS agents and officers to talk directly to our first
responders in an emergency situation, and could also provide a benefit for us in the event we
borrow their MCV.
Staff proposes that we enter into the Memorandum of Agreement, as proposed, providing DHS
permission to use selected police radio frequencies for limited emergency and mutual aid
situations. There are no costs associated with entering into this Agreement with DHS and no
special FCC licensing requirements.
MEMORANDUM OF AGREEMENT
BETWEEN
FEDERAL WAY POLICE DEPARTMENT
AND
THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY (DHS)
NATIONAL PROTECTION PROGRAM DIRECTORATE (NPPD)
FEDERAL PROTECTIVE SERVICE
I. PARTIES
This Memorandum of Agreement (MOA) is between the Federal Protective Service (FPS),
ATTN: Western Command, 32125 32" Ave South, Federal Way, Wa 98003 and the Federal
Way Police Department (FWPD).
II. PURPOSE
The purpose of this MOA is to establish an understanding between FPS and the Federal
Way Police Department (FWPD) and define the authorized use of their radio frequencies by the
FPS on a limited basis. This MOA will enable FPS officers and/or agents to utilize existing FPS
800 MZh radios to communicate directly to the Federal Way Police Department (FWPD) under
the conditions described herein.
III. RESPONSIBILITIES
The FPS agrees to comply with all radio communications standards and protocol published by
FWPD as they relate to FPS utilization of the radio system FWPD operates on. FPS agrees to
abide by all current and hereafter approved rules and regulations regarding system usage and to
follow guidelines and policy established by FWPD for continued utilization of the system. FPS
shall safeguard radio frequency information and shall not release or distribute this information
without the prior approval of the FWPD. All radio frequencies and channel information shall be
treated as confidential and shall be utilized on an as-needed basis and in compliance with FCC
and NTIA regulations. Radio channels shall only be programmed on FPS radios to personnel
authorized to communicate with the FWPD.
They shall be utilized for interoperability or emergency use and for mutual aid, especially when
FPS law enforcement personnel are out of the operational radius of the FPS radio infrastructure
or when on joint operational details with the FWPD or other authorized agencies utilizing these
frequencies. The terms of operation on FWPD radio frequencies are specifically designated for
local emergencies and requests for agency assistance and not for normal day-to-day operations.
-1-
FWPD shall notify FPS of special radio communications format and shall review the MOA as
determined appropriate for continuation of service. FWPD shall notify FPS of any changes to the
radio channels or frequencies to include channel spacing, PL tones, zone descriptions, etc.
FWPD shall notify FPS of the requirements for special Unit Identifier Call Signs to be assigned
for each radio designated to use this frequency or to obtain existing FPS Call Signs from the
system users. Any legal responsibility or licensing for FCC assignments to use these frequencies
in agency radios is that of the agency and not of FPS. Channels to be programmed into FPS
radios include the following:
• FWPD PRIMARY
• FWPD TAC
• FWPD ADM1N
• FWPD SPECOPS 1
IV. OTHER PROVISIONS
Nothing in this MOA is intended to conflict with current law or regulation or the directives of
DHS or FWPD. If a term of this agreement is inconsistent with such authority, then that term
shall be invalid, but the remaining terms and conditions of this agreement shall remain in full
force and effect.
V. MODIFICATION
This MOA may be modified upon the mutual written consent of the duly authorized
representatives of the parties. Such amendments shall not be binding unless they are in writing
and signed by personnel authorized to bind each of the parties.
VI. EFFECTIVE DATE
This MOA is effective upon signature of the parties and will remain in effect unless and until
terminated as provided under Article VII.
VII. TERMINATION
Except as otherwise provided in the MOA, either party may terminate this MOA upon thirty (30)
days written notification to the other party. If this MOA is so terminated, the terminating party
shall be liable only for conditions in accordance with the terms of this MOA for performance
prior to the effective date of termination.
-2-
ACCEPTED AND AGREE BY:
For Federal Way Police Dept.
Brian J. Wilson, Chief
Date
_ . . _ ... .
For Federal Protective Service
Donald Bowman, Regional Director
Date
AGENCY LOCAL POINTS OF CONTACT
FWPD:
Name: Andy Hwang
Title: Deputy Chief
Address: 33325 8 Ave S.
Address: Federal Way, WA 98003
Address:
Office Phone: 253-835-6716
Cell Phone: 206-255-7387
Fax: 253-835-6739
Email: andy.hwang@cityoffederalway.com
FPS:
Name: Tom Keedy
Title: Inspector
Address: 211 E. 7 Avenue
Address: Room B-30
Address: Eugene, OR 97401
Office Phone: 541-465-4727
Cell Phone: 541-501-7186
Fax: 541-465-6320
Email: Thomas.Keedy�,DHS.�
-3-
COUNCIL MEETING DATE: September 20, 20ll
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: �JT
SUS.IECT: 20` Ave S Sidewalk Improvements Project — S 316`" St to S 314` St — Final Acceptance
POLICY QUESTION Should the Council accept the 20` Ave S Sidewalk Improvements Project — S 316` St to
S 314` St as complete?
COMMTTTEE Land Use and Transportation Committee
MEETING DATE: September 12, 2011
CATEGORY:
� Consent ❑ Ordinance ❑ Public Hearing
❑ City Coancil Business ❑ Resolution ❑ Other
STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works Director DEPT Public Warks
Attachments: Land Use and Transportation Committee memorandum dated September 12, 2011.
Options Considered:
1. Authorize final acceptance of the 20` Ave S Sidewalk Improvements Project — S 316`" St to S 314` St.
constructed by T. Miller Construction in the amount of $138,448.40.
2. Do not authorize final acceptance of the 20`'' Ave S Sidewalk Improvements Project — S 316` St to S
314"' St constructed by T. Mtller Construction as complete and provide direction to staff.
_.._.. _._.... _... _......... _.. _..... _...... ..... ___......._..._.
MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the September 20, 2011 City
Council consent agenda for approval.
MAYOR APPROVAL: DIRECTOR APPROVAL: � �� ����
omm' tee Coun 't Committee Council
COMMITTEE RECOMMENDATION Forward Option 1 to the September 20, 2011 City Council consent agenda
for approval.
.
., t „ � , �
l _ ,. �-z:r--=� Gr � i t`..- �C �� l t�!. f
_. t . �..,__.
Linda Koch ar, Chair Jim Ferrell, Member
PROPOSED COUNCIL MOTION "I move to Authorize final acceptance of the 20"` Ave S Sidewalk Improvements
Project — S 316`" St to S 314``' St. constructed by T. Miller Construction in the amount of $138, 448.40. "
(BELOW TD BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED lsT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVF.D TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOL[JTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
September 12, 2011
Land Use and Transportation Committee
Skip Priest, Mayor ��
ti
Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management J
John Mulkey, Street Systems Project Engineer j��� i�
20' Ave S Sidewalk Improvements Project (S 316`" St to S 314`" S) — Project Acceptance
BACKGROUND-
Priar to release of retainage on a Public Warks construction project, the City Council must accept the
work as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. The 20` Ave S Sidewalk Improvements Project (S 316`�' St to S 314 S) contract with
T. Miller Construction is complete. The final construction contract amount is $138,448.40 this is
$26,421.60 below the $164,870.00 (including contingency) budget that was approved by the City Council
on May 3, 2010.
cc: Project File
Central File
K:\LUTC\2011\09-12-] 1 20th Ave sidewalks Improvement Project - Project Acceptance.doc
COUNCIL MEETING DATE: September 20, 2011
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUB.TECT: 2010 Pedestrian Safety Projects — Project Acceptance
POLICY QUESTION Should the City Council accept the 2010 Pedestrian Safety Projects constructed by Construct
Company, LLC. and completed by their Surety Company , as complete?
COMMITTEE Land Use and Transportation Committee MEETING DATE September 12, 2011
CATEGORY:
� Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ O ther
STAFF REPORT BY Marwan Salloum, P.E., Deputy Public Works Director DEPT Public Works
Attachments: Memorandum to Land Use and Transportation Committee dated September 12, 2011.
Options Considered:
1. Authorize final acceptance of the 2010 Pedestrian Safety Projects constructed by Construct
Company, LLC. and completed by their Surety Company , in the amount of $256,408.52 as complete.
2. Do not authorize final acceptance of the completed 2010 Pedestrian Safety Projects constructed by
Construct Company LLC. as complete and provide direction to staff.
MAYOR'S RECOMMENDATION Mayor recommends forwarding Option 1 to the September 20, 2011 City
Council Consent Agenda for approval.
MAYOR APPROVAL: ���fZ� � � L � DIRECTOR APPROVAL: � '� ����/
Comm tee Counc Committee Council
COMMITTEE RECOMMENDATION Committee recommends forwarding Option 1 to the September 20 2011 City
Council Consent Agenda for approval.
,- -;..
�
�r`
, ,. , r
Linda Kochma� �� �- i ;"__ 'f ;� �' i C .� C Ct� ; %"
r, �hair Jim Ferrell, Member �
PROPOSED COUNCIL MOTION "I move approval of final acceptance of the 20r0 Pedestrian Safety Projects
constructed by Construct Company, LLC., and completed by their Surety Company, in the amount of
$256, 408. 52 as complete. "
(BELOW TO BE COMPLETED BY ClTY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1 reading
❑ TABLED/DEFERRED/NO ACT[ON Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/l2/2010 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
September 12, 2011
Land Use and Transportation Committee
Skip Priest, Mayor
Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management ����°��
John Mulkey, Street Systems Project Engineer � �_i��
2010 Pedestrian Safety Projects — Project Acceptance
BACKGROUND:
Prior to release of retainage on a Public Warks construction project, the City Council must accept the
work as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. The 2010 Pedestrian Safety Projects contract with Construct Company, LLC and their
Surety Company is complete. The final construction contract amount is $256,408.52. This is $50,971.48
below the $307,380.00 (including contingency) budget that was approved by the City Council on
November 2, 2010.
cc: Project File
Cen[ral File
K:\LUTC\2011\09-12-i l 2010 Pedestrian Safety Projects - Project Acceptance.doc
COUNCIL MEETING DATE: September 20, 2011
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:_�h
Sus.TECT: 2011 Asphalt Overlay Project — Final Acceptance
POLICY QUESTION Should the Council accept the 2011 Asphalt Overlay Project constructed by Tucci and
Sons. Inc. as comnlete?
COMMITTEE Land Use and Transportation Committee
CATEGORY:
� Consent ❑ Ordinance
❑ City Council Business ❑ Resolution
MEETING DATE: September 12, 2011
�
�
Public Hearing
Other
STAFF REPORT BY Marwan Salloum, P E., De�uty Public Works Dire�EP'r: Public Works
_. _.._.__..... .. _ _. _ ...... . ... ...... _ __.... _..._... _...._..__....
Attachments: Memorandum to Land Use and Transportation Committee dated September 12, 2011
Options Considered:
1. Authorize final acceptance of the 2011 Asphalt Overlay Project constructed by Tucci and Sons, Inc., in
the amount of $2,071,586.21 as complete.
2. Do not authorize final acceptance of the completed 2011 Asphalt Overlay Project constructed by Tucci
and Sons, Inc. as complete and provide direction to staff.
MAYOR'S RECOMMENDATION The mayar recommends Option 1 be forwarded to the September 20,
2011 Council Consent Agenda for approval.
MAYOR APPROVAL: ' DIRECTOR �
� C�� <„�
r � '�� APPROVAL: ��' f `��j
,�
Com i ee � Coun I Committee Council
COMMITTEE RECOMMENDATION Forward Option 1 on the September 20, 2011 Council Consent Agenda
for approval.
; . .
,�.. . . � : ._ ` , n
`"�'. � . ._ , __.� � �, t uf' .,k�.� f ��
Linda Kochi�ar, Chair Jim Ferrell, Member
Member
PROPOSED COUNCIL MOTION "I move approval of final acceptance of the 2011 Asphalt Overlay
Project constructed by Tucci and Sons, Inc., in the amount of $2,071,586.21 as complete. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFF/CE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED isT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 02/O6/2006 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
September 12, 2011
Land Use and Transportation Committee
Skip Priest, Mayor ,�;'i�
Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Managemen�
Jeff Huynh, Street Systems Engineer ��
2011 Asphalt Overlay Project — Project Acceptance
BACKGROUND:
Prior to release of retainage on a Public Warks construction project, the City Council must accept the
work as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. The 2011 Asphalt Overlay Project contract with Tucci and Sons, Inc. is complete. The
final construction contract amount is $2,071,586.21. This is $156,882.44 below the $2,228,468.65
(including 5% contingency) budget that was approved by the City Council on March 15, 2011.
cc: Project File
Cen[ral File
K:\LUTC\2011\09-12-I1 Asphalt Overlay project - Project Acceptance.doc
COUNCIL MEETING DATE: September 20, 2011
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: �J �
SUB.TEC'r: 2011 - 2013 Transportation Demand Management Implementation Agreement with WSDOT
POLICY QUESTION Should the Council authorize the Mayor to enter into an agreement with the Washington
State Department of transportation (WSDOT) allowing the State to reimburse the City its proportionate share of
the technical assistance funding for implementing the State Commute Trip Reduction (CTR) law?
COMMITTEE Land Use and Transportation Committee
CATEGORY:
� Consent
❑ City Council Business
❑ Ordinance
❑ Resolution
STAFF REPORT BY: Rick Perez P.E. City Traffic Engmeer ��,�
_ _....._.
_...
MEETING DATE: Sept. 12, 2011
❑ Public Hearing
❑ Other
DEPT Public Works
Attachments: Memorandum to the Land Use and Transportation Committee dated September 12, 2011.
Options Considered:
1. Authorize the Mayor to enter into an agreement with WSDOT to accept the state CTR technical fund in
amount of $38,869 for the 2011 — 2013 biennium.
2. Do not authorize the Mayor to into an agreement with WSDOT and Implement CTR program as required by
state law and local CTR ordinance without the State CTR technical fund. The City would need to allocate
budget in the amount of $38,869 for the 2011 — 2013 biennium.
MAYOR'S RECOMMENDATION Mayor recommends forwarding Option 1 to the September 20, 2011 City
Council Consent Agenda for approval.
f
MaYOx ArrxovaL: �°� " ,'° 1i � �i�cTOR ArPROVaL: G�°'ls� L�/���.
Cnmmir e ('n� .il Committee Council
COMMITTEE RECOMMENDATION Forward Option 1 to the September 20, 2011 City Council Consent Agenda
for approval.
�
, ,
, .
., i
'. � ,r �;��r l
p �v �__ , �, i +._ t� �, `- _
Kochmar, Uhair �-- Jim Ferrell, Member
Member
�ROPOSED COUNCIL MOTION "I move approval and authorize the Mayor to enter into an agreement with
WSDOT to accept the state CTR technical fund in amount of $38,869 for the 2011 —1013 biennium. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACT[ON:
❑ APPROVED COUNCIL BILL #
❑ DENIED l reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUT[ON #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 12, 2011
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor ����,y�
�
FROM: Cary M. Roe, P.E., Director of Parks, Public Works, and Emergency Management
Sarady Long, Seniar Transportation Planning Engineer �.--
SUBJECT: Transportation Demand Management Implementation Agreement with WSDOT
BACKGROUND:
The Washington State Department of Transportation (WSDOT) provides technical assistance funding to
the City for developing and implementing the Commute Trip Reduction (CTR) programs as required by
State law. The CTR program requires a two-year agreement with WSDOT from July 1, 2011 to
June 30, 2013. The purpose of the agreement is to allow the State to reimburse the City its proportionate
share of the technical assistance funding. The work performed under this agreement is as described in the
attached EXHIBIT I, Project Scope of Work Commute Trip Reduction (CTR). The City's current CTR
agreement with WSDOT has expired and a new agreement is required.
Based on eleven (11) affected worksites, the agreement capped funding allocation to the City at
$38,869.00 for the July 1, 2011 through June 30, 2013 biennium. As in the past, due to workload and
expertise the City will continue to use the funding allocation from WSDOT to contract with King County
for their CTR support services. Staff will present this contract to the LUTC and Council committee as a
separate agenda item.
cc: Project File
Day File
r rR . ... yl n.>I,r ..� . ; I . , _ �� � i U�`,! �_ ,sn�_nl . � .�',,. . �.L,c
EXHIBIT I
Project Scope of Work
Commute Trip Reduction (CTR)
1. Scope of Work
A. Administrative Work Plan
The CONTRACTOR agrees to submit to WSDOT an administrative work plan by the
end of the first quarter of this agreement or when the CONTRACTOR submits its
first invoice, whichever is sooner.
1. The work plan shall identify the deliverables, schedule, expected
outcomes, performance measures and the budget specific to strategies
associated with this AGREEMENT and other strategies as defined in
approved and locally adopted CTR or GTEC plans. These may include,
but are not limited to, recruiting new employer worksites, reviewing
employer programs, administering surveys, reviewing program exemption
requests, providing employer training, providing incentives, performing
promotion and marketing, and providing emergency ride home and other
commuter services.
2. The administrative work plan budget shall identify how the
CONTRACTOR will use the state funds provided in this AGREEMENT
for each task. The work plan shall also provide an estimate of the uther
financial resources not provided in this AGREEMENT will be used to
complete each task.
3. The administrative work plan must be approved in writing by the WSDOT
Project Manager and signed by the CONTRACTOR, and shall be
incorporated as a written amendment to the AGREEMENT. The work
plan may be amended based on mutual written agreement between the
WSDOT Project Manager and the CONTRACTOR.
B. Work to be Performed
The county or city, whichever applies, has enacted or will enact a Commute Trip
Reduction (CTR) ordinance in compliance with RCW 70.94.521-.555. The
CONTRACTOR agrees to implement a CTR program based on the approved
administrative work plan and the draft or adopted local CTR plan and to comply with
all provisions of the applicable county or city ordinance.
C. Quarterly Progress Reports and Invoices
The CONTRACTOR agrees to submit to WSDOT complete quarterly progress
reports, as specified by WSDOT in Section 7— Progress Reports of the
AGREEMENT, in Exhibit II, "Project Progress Report", and as integrated with the
deliverables indentified in the administrative work plan, along with all invoices in
accordanc� with Section 5— Reinnbursement and Payment of the AGREEMENT. All
invoices shall be complete and accurately reflect actual State funded expenditures.
GCA6888 Page 9 of 14
Only those activities identified in the CONTRACTOR' S approved administrative
work plan wili be reimbursed by WSDOT.
D, Final Progress Report
The CONTRACTOR agrees to subr�iit to WSDOT a final progress report as shown in
Exhibit III, "Final Project Progress Report", to replace the last quarterly progress
report in the period of the AGREEMENT. The final progress report shall provide an
estimate of the other financial resources not provided in this AGREEMENT that were
used to complete each task and shall provide a list of the funds provided in this
AGREEMENT that were disbursed by the CONTRACTOR to its eligible contracting
partner(s).
E. Funding Distribution
The CONTRACTOR may distribute funds to local j urisdictions to include counties,
cities, transit agencies, Transportation Management Associations, and Metropolitan
Planning Organizations ar other eligible organizations authorized to enter into
agreements for the purposes of implementing CTR/GTEC plans and ardinances as
authorized by RCW 70.94.527(5) and RCW 70.94.544 .
F. Implementation Plans
The CONTRACTOR shall incorporate appropriate sections of the Project Scope of
Work and Incentives Guidance, as well as the approved Work Plan, in all agreements
with eligible contracting partner(s), as necessary, to coordinate the development,
implementation, and administration of the CTRJGTEC plans, and compliance with
applicable ordinances.
G. Appeals and Modifications
The CONTRACTOR shall maintain an appeals process consistent with this
AGREEMENT and applicable ordinances, and procedures contained in the Commute
Trip Reduction Guidelines which may be obtained from WSDOT or faund at
http://www.wsdot.wa. gov/tdm/.
�I. Coordination with Regional Transportation Planning Organizations (�TPO)
The CONTRACTOR shall coordinate the development and implementation of its
CTR/GTEC plan and programs with the applicable regional transportation planning
organization (RTPO). The CONTRACTOR agrees to notify the RTPO of any
substantial changes to its plans and programs that could impact the success of the
regional CTR plan. The CONTRACTOR agrees to provide information about the
progress of its CTR/GTEC plan and programs to the RTPO upon request.
I. Survey Coordination
The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners
for commute trip reduction employer surveys.
J. Planning Data
The CONTRACTOR agrees to provide WSDOT vvith the program goals establishe�l
for newly affected vvorksites when they are estab�ished by the local jurisdiction. The
CONTRACTOR agrees to provide WSDOT with updated progr�m goals for affected
GCA6888 Page 10 of 14
warksites and jurisdictions as requested. These updates shall be submitted
electronically in a format specified by WSDOT.
K. Database Updates
The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR's
contracting partners with updated lists of affected or participating worksites,
employee transportation coordinators, and jurisdiction contacts, as requested. These
updates will be submitted in a format specified by WSDOT.
K:\TRAFFIC\ctr�2011-2013\WSDOT Agreement\GCA6888.docx
GCA6888 Page 11 of 14
COUNCIL MEETING DATE: September 20, 2011
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM
SUB.TECT: 2011 - 2013 Commute Trip Reduction (CTR) Program Implementation Agreement with King County
POLICY QUESTION Should the Council authorize the Mayor to enter into an agreement with King County for
CTR program implementation?
COMMITTEE Land Use and Transportation Committee
CATEGORY:
� Consent
❑ City Council Business
❑ Ordinance
❑ Resolution
MEETING DATE: Sept. 12, 2011
❑ Public Hearing
❑ Other
STAFF REPORT BY: Rick Perez P.E., City Traffic Engmeer �= DEPT: Public Works
_....... .. _..._.. �. _.. _._.. _......
Attachments: Memorandum to the Land Use and Transportation Committee dated September 12, 2011.
Options Considered:
1. Authorize the Mayor to execute Professional Services Contract with King County Metro in the amount of
$33,646 for CTR implementation.
2. Do not authorize the Mayor to sign an agreement with King County and hire part-time (0.60 FTE) CTR
Coordinatar. The City will need to identify and supplement additional budget on a yearly basis to cover
employee cost and program start up.
MAYOR'S RECOMMENDATION Mayor recommends forwarding Option 1 to the September 20, 2011 City
Council Consent Agenda for approval.
MAYOR APPROVAL: (�'�W((� ��� DIRECTOR APPROVAL: :°'�JYI L,-�Z��
Co ittee Co cil Committee Council
COMMITTEE RECOMMENDATION: Forward Option 1 to the September 20, 2011 City Council Consent
Agenda for approval..
.. [�� ( , :�!� ;� /� r . � t .� �*,',� .7 �,/�',
� 7> G<� � ;—,;_ �' �..w--'w' � a. -� i v.l ,� (, l i
Lmda Kochm�ar, Chair Jim Ferrell, Member __ J�ck+.�e ey, Member
PROPOSED COUNCIL MOTION: " I move approval and authorize the Mayor to enter into an agreement
with King County Metro in the amount of $33, 646 for CTR program implementation. "
(BELOW TO BE COMPLETED BY C/TY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED lsT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 12, 2011
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor r/�>14'�.
FROM• Cary M. Roe, P.E., Director of Parks, Public Warks, and Emergency Managemen`C
' Sarady Long, Senior Transportation Planning Engineer �_
SUBJECT: Com�nute Trip Reduction (CTR) Program Implementation Agreement with King Counry
BACKGROUND:
The City of Federal Way has 11 worksites affected by the Washington State's Commute Trip Reduction
(CTR) Law. The law requires major employers with one hundred (100) or more full-time employees
scheduled who arrive at a single warksite between 6:00 am to 9:00 am to develop plans and programs to
reduce drive alone commuting trips.
Over the last 14 years, the City has contracted with King County for their CTR support services to
implement the CTR program. The existing agreement with King County has expired and staff proposes
to enter into a new, two-year Professional Services Agreement. The work to be performed under this
agreement is described in the attached Exhibit A, Commute Trip Reduction Services Contract Scope of
Work - July 1, 2011 through June 30, 2013.
The proposed 2011-2013 Professional Service Agreement would be fully funded by the state CTR grant.
Based on 11 affected worksites, the City of Federal Way will receive approximately $38,869.00 for the
2011 to 2013 biennium. The State CTR grant would be sufficient to fund the 2011-2013 Agreement with
King County Metro, which is estimated at $33,646.00. Please see attached Exhibit B for assumptions of
the state grant and expenditures. The two-year agreement period would match with the State CTR
Technical funding biennium period.
Staff believes this is a cost-effective way to implement the CTR program, as most cities have a full-time
CTR coordinator.
cc: Project File
Day File
� � �_. _, � , _ _, �.��., �,_ � �., _
City of Federal Way — Exhibit A
Commute Trip Reduction Services Contract
Scope of Work
Period: July 1, 2011, through June 30, 2013
King County will implement all elements of the City of Federal Way CTR workplan through the
following activities
I. Re9uired Activities
A) Notification of new worksites and consultation with new ETCs:
1) Notify new sites
a. Identify contact for potential sites
b. Send notification inquiry letter
c. Follow up with site
d. Confirm status and send second letter
e. Secure state code
f. Create timeline and legal file
2) Meet/consult with ETC at new sites
a) Discuss CTR timeline and requirements of the law
b) Assist with baseline survey
c) Assist with program development and submittal of initial program report
3) Meet/consult with new ETCs at existing sites
a) Discuss the requirements of the law, provide copy and discuss survey results and
current approved program report, assist with updating CTR program summary,
describe training and networking opportunities
b) Assist with program element implementation (when necessary)
B) Administration of CTR Surveys:
1. Prepare and send survey notifications and an enhanced survey response form (SRF) to
each site
2. Schedule and hold survey briefings
3. Follow up with phone calls and emails for sites with late SRFs
4. Review and grant extensions
5. Set up and assist sites in the online survey system
6. Mail surveys to, and assist sites with paper surveys
7. Track survey completion and processing
8. Generate and send next steps letter and survey results report to site
9. Analyze survey results and make recommendations for program improvements for
sites not making progress; recommendations based on review of survey data, site
characteristics, worksite policies and zip code data
10. Meet with ETCs and PM or management to discuss program recommendations,
explain product and incentive opportunities and program promotion
C) Employer Report:
1. Send report reminder letters
2. Monitor program report receipt
3. Follow up with sites with late program reports via phone or email
4. Review and grant extensions
5. Provide ongoing assistance to ETCs with the online report system
6. Review all program reports for completeness and potential for trip reduction
+ Incentives/Subsidies or Pre-Tax benefit
• Parking Management
• Guaranteed Ride Home
• CTR Program Summary and program promotion plan
7. Assist with development or updating of CTR Program Summary
8. Provide jurisdiction with summary of programs and recommended actions
9. Generate approval letter for City signature
10. Complete report entry and approve in the online system
D) Review of Exemptions:
1. Inform ETCs about process and criteria
2. Receive requests and copy to city
3. Review and analyze request and provide comments to City
4. Contact employer as needed, generate and send response per city
E) Record Maintenance:
1. Maintain database on all affected sites
2. Maintain database on all ETCs
3. Maintain master file recards on all affected sites
4. On a quarterly basis, provide WSDOT with hard copy of each employer program
report approved within the quarter
5. Provide WSDOT with an electronic copy of the CTR database of the City's CTR-
affected employers, quarterly or as required by WSDOT
6. Provide quarterly report information in format consistent with WSDOT requirements
for City to complete state funds billing
F) Enforcement:
1. Non-compliance issues with approval by Jurisdiction
a. Review legal guidelines (ordinance, municipal code and RCW)
b. Document infractions (emails sent, legal files, phone calls) and assemble
information for review
c, Determine next steps with jurisdiction
d. Provide legal files for jurisdiction to review
e. Consult with jurisdiction
f. Prepare and send correspondence to site
g. Follow up with site and negotiate steps for compliance
2
II. Employer Service Activities
A) Employer Training:
1. Schedule, promote, register and conduct ETC Training:
a. Part 1 of Basic Training (Orientation to the CTR Law)
b. Part 2 of Basic Training (Program Implementation and Promotion)
c. Survey briefings
2. Track training attendance and notify ETCs of training requirement
3. Provide other training (as applicable)
B) Incentives:
Purchase incentives for worksites as directed by the City
C) Promotion, Marketing and Employer Outreach:
1. Respond to ETCs questions and requests regarding CTR requirements, surveying,
reporting, transit service, commute options, commute products
2. Utilize tools and resources available on the internet provided by CTR
3. Conduct employer commute and relocation events
a. Conduct origin and destination analysis and provide solution/recommendations
b. Conduct route planning and/or van and carpool farmations
4. Schedule, promote, engage speakers and facilitate Employer Network group meetings
5. Update and maintain CTR website and printed with current information about
transportation infrastructure, commute products and commute related tax information.
6. Send transportation related news/announcements via email to all ETCs
7. Coordinate, promote and mail Wheel Options/Bike to Work Day packets to sites
3
CITY OF FEDERAL WAY
Commute Trip Reduction Services
Period: July 1, 2011 through June 30, 2013
FUNDING
State CTR Funds
TOTAL FUNDS AVAILABLE
NUMBER OF SITES
Exhibit B
$ 38,869.00
11
CTR SERVICES CONTRACT
Required Activities
A. Notification of new worksites $ 624
B. Administration of CTR Surveys $ 5,720
C. Employer Report $ 3,718
D. Review of Exemptions $ 624
E. Records Maintenance $ 10,296
F. Enforcement with approval by Jurisdiction $ 624
Total Re uired Activities $ 21,606
Employer Service
A. Employer Training $ 600
B. Incentives $ '
C. Promotions, Marketing and Employer Outreach $ 11,440
Total Employer Service $ 12,040
CONTRACT TOTAL $ 33,646
COUNCIL MEETING DATE: September 20, 20ll ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: APPOINTMENTS TO THE YOUTH COMMISSION
POLICY QUESTION Which candidates should the Council appoint to the City's Youth Commission?
COMMITTEE: N/A
CATEGORY:
❑ Consent
� City Council Business
STAFF REPORT BY: Carol McNeill
MEETING DATE N/A
Ordinance ❑ Public Hearing
Resolution ❑ Other
DEPT Human Resources
�
�
Clerk
Background: The Youth Commission is comprised of thirteen voting members. Freshmen, sophomores and
juniors serve two-year terms. Seniors serve one-year terms. Three commissioners may be chosen from the
service areas of Federal Way High School, Decatur High School, and Thomas Jefferson High School. Two
members may be selected from Harry S. Truman High School, and two members may be selected from
Contract Based Education. Sophomores, juniors and seniors at a Federal Way high school, or ninth graders
who will attend a Federal Way high school in the second year of appointment, are eligible.
Appointments: There are nine voting positions needing appointment. One Commissioner is seeking re-
appointment and one alternate is seeking appointment to a voting position.
At a special meeting on September 20, 2011, the City Council interviewed seven candidates to fill the
positions on the City's Youth Commission. In addition, there are four alternates serving on the Commission.
Appointed members will be invited to the October 4, 2011 City Council Meeting to receive Certificates of
Appointrnent.
Options Considered:
1. Appoint the followin� candidates to the Youth Commission with terms expiring as listed:
0
e
e
e
�
�
�
�
�
/ Alternate
/ Alternate
/ Alternate
/ Alternate
/ Alternate
/ Alternate
/ Alternate
/ Alternate
/ Alternate
2. Direct staff to re-advertise the vacancies.
MAYORS RECOMMENDATION: N/A
31,
31,
31,
31,
31,
31,
31,
31,
31,
MAYORS APPROVAL N/A N/a DIRECTOR APPROVAL: N/A
Committee Council Conmuttee
COMMITTEE RECOMMENDATION N/A
PROPOSED COUNCIL MOTION: `7 move the following appointments to the Youth Commission ... "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1 5T reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinnnces only) ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
COUNCIL MEETING DATE: September 20, 2011
CITY OF FEDERAL WAY
ITEM #:�
CITY COUNCIL
AGENDA BILL
SUBJECT: CREATE FWRC 6.40.025 OF THE FEDERAL WAY REVISED CODE REGARDING IDENTITY THEFT
POLICY QUESTION: Should the CiTy Council approve and adopt the proposed ordinance creating FWRC
6.40.025, Identity Theft, Nonfelony?
COMMITTEE: PRHS&PS
CATEGORY:
❑ Consent
❑ City Council Business
��'.
�
Ordinance
Resolution
MEETING DATE: 09/13/2011
❑ Public Hearing
❑ Other
STAFF REPORT BY: Patricia Richardson, City Attorne DEPT: Law
_Y
Attachments: Proposed ordinance creating FWRC 6.40.025.
Background: The crime of identity theft as outlined in the Revised Code of Washington is a felony. However,
identity theft cases are sometimes declined by King County prosecutors because of limited resources. Federal Way
currently does not have a misdemeanor crime of identity theft that would allow the prosecutor to charge some of the
cases declined by King County. Staff recommends creating a new FWRC 6.40.025, Identity Theft, Nonfelony, that
would allow the City Prosecutor the option to file misdemeanor charges if and/or when felony charges are declined.
Options Considered: 1. Approve the proposed ordinance creating FWRC 6.40.025, Identity Theft, Nonfelony.
2. Modify the proposed ardinance creating FWRC 6.40.025, Identity Theft, Nonfelony.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL:
�� DIRECTOR APPROVAL: __� � y� / �4'(IL
Coun' Committee Council
COMMITTEE RECOMMENDATION I move to forward the proposed ordinance to First Reading on September 20
1 READING OF ORDINANCE (SEPTEMBER 20): " I move to forward approval of the ordinance to the October
4, 2011 Council Meeting for adoption. "
Z ND READING OF ORDINANCE (OCTOBER 4): "I move approval of the proposed ordinance creating FWRC
6.40.025, Identiry Theft, Nonfelony. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL # �S �
❑ DENIED 1 reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
PROPOSED COUNCIL MOTION(S):
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
identity theft; creating a new section 6.40.025 of the Federal Way
Revised Code.
WHEREAS, the crime of identity theft as outlined in the Revised Code of Washington is a
felony;
WHEREAS, identity theft cases that result in a loss to the victim of less than $1,000.00 are
on occasion being declined by King County prosecutors; and
WHEREAS, Federal Way does not currently have a crime of misdemeanar identity theft; and
WHEREAS, the City Council finds that the creation of a new FWRC 6.40.025 is in the best
interests of the residents of the City of Federal Way;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section l. The sections list of Chapter 6.40 FWRC is hereby revised as follows:
Chapter 6.40
DISHONESTY
Sections:
6.40.010 Frauds and swindles.
6.40.020 False representations.
6.40.025 Identitv theft, nonfelony.
6.40.030 Forgery, nonfelony.
6.40.040 Brand and marks, crimes relating to.
6.40.050 Massage practitioners.
6.40.060 Crimes involving business regulations.
6.40.070 Crimes involving pawnbrokers and secondhand dealers.
Section 2. A new section 6.40.025 is hereby adopted as follows:
6.40.025 Identity Theft, nonfelonv
j1) Definitions. The followinq definitions are applicable in this chapter unless the context
otherwise requires:
Ordinance No. 11- Page 1 of 3
Rev 1/10
(a) "Financial information" means arry of the following information identifiable to the
individual that concerns the amount and conditions of an individual's assets, liabilities, or credit:
(i) Account numbers and balances;
�ii) Transactional information concerninq an account; and
(iii) Codes passwords, social securitv numbers, tax identification numbers, driver's
license or permit numbers, state identicard numbers issued bv the department of licensinq, and
other information held for the purpose of account access or transaction initiation.
(b) "Means of identification" means information or an item that is not describinq finances
or credit but is personal to or identifiable with an individual or other person, includinq: A current
or former name of the person, telephone number, an electronicaddress, or identifier of the
individual or a member of his or her family, includinq the ancestor of the person; information
relating to a change in name, address, telephone number, or electronic address or identifier of
the individual or his or her family, a social securitv, driver's license, or tax identification number of
the individual or a member of his or her family; and other information that could be used to
identifv the person, includinq unique biometric data
�c) "Victim" means a person whose means of identification or financial information has
been obtained used or transferred with the intent to commit, or to aid or abet, anv unlawful
activity.
(2) A person is guiltv of identity theft, nonfelonv, if he or she knowinglv obtains, possesses,
uses, or transfers a means of identification or financial information of another person, livinq or
dead, with the intent to commit, or to aid or abet, anv crimeand the total amount of loss by the
victim(s) of the identitv theft is less than $1,000.
(3) A qerson who violates this section is liable for civil damages of$1,000 or actual
damaqes, whichever is greater, including costs to repair the victim's credit record, and
reasonable attorneys' fees as determined by the court.
�4) In a proceeding under this section, the crime will be considered to have been committed
in any locality where the person whose means of identification or financial information was
appropriated resides, or in which anv part of the offense took place, reqardless of whether the
defendant was ever actually in that locality
{5) The provisions of this section do not apply to anv person who obtains another person's
driver's license or other form of identification for the sole purpose of misrepresentinq his or her
age.
(6) Identity Theft, nonfelony, is a gross misdemeanor.
�7) This section is intended to supplement cityjurisdiction in cases ofidentitv theft declined
bv the county. If a person is charged withidentity theft under state law for a particular incident,
thev shall not be charged under this section. If a state acaencv wishes to charae an identity theft
case under state law the citv shall dismiss its case to allow that to happen.
Section 3. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
Ordinance No. 11- Page 2 of 3
Rev 1/10
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
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 take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Waythis _ day of October 2011.
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 11-
,
Page 3 of 3
Rev 1/10
COUNCIL MEETING DATE: September 20, 2011
CITY OF FEDERAL WAY
ITEM #:
CITY COUNCIL
AGENDA BILL
SUBJECT: AMEND SECTIONS OF THE FEDERAL WAY REVISED CODE TO COMPLY WITH SENATE BILL 5168.
POLICY QUESTION Should the City Council approve and adopt the proposed ordinance amending FWRC
6.15.020 and 6.05.070 to comply with Senate Bi115168?
COMMITTEE: PRHS&PS
CATEGORY:
❑ Consent
❑ City Council Business
/1
�
Ordinance
Resolution
MEETING DATE: O9/13/2011
❑ Public Hearing
❑ Other
STAFF REPORT BY: Patricia Richardson City Attorney DEPT Law
� .... . . __... . . . .. ...._....
Attachments: Proposed ordinance amending FWRC 6.15.020 and 6.05.070 to comply with SB 5168.
Background: Effective July 22, 2011, the State Legislature passed SB 5168, which reduces the maximum
sentence for a gross misdemeanor from 365 days to 364 days. The Federal Way Revised Code contains two
sections that refer to the maximum sentence far a gross misdemeanor as "one year." The attached proposed
ordinance recommended by staff would update these two sections to comply with SB 5168.
Options Considered: 1. Approve the proposed ordinance amending FWRC 6.15.020 and 6.05.070.
2. Modify the proposed ordinance amending FWRC 6.15.020 and 6.05.070.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: _ i��� 'y���C� DIRECTOR APPROVAL: �11►�- ��
omm� Coun 'I Committee Council
COMMITTEE RECOMMENDATION I move to forward the proposed ordinance to First Reading on September 20,
2011 City Council meeting. �
-� �, �-� . � � � �� --------�...
Committee Chair U� " Committe� D/Ie�f6er Coi4rfnittee Member
PROPOSED COUNCIL MOTION(S):
1 READING OF ORDINANCE (SEPTEMBER 20): " I move to forward approval of the ordinance to the October
4, 2011 Council Meeting for adoption. "
2 ND READING OF ORDINANCE (OCTOBER 4) "I move approval of the proposed ordinance amending FWRC
6.15.020 and 6.05.070. "
BELOW TD BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances onlyJ
REVISED — 08/12/2010
COUNCIL BILL #
1 reading
Enactment readiug
ORDINANCE #
RESOLUTION #
r
r
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
the maximum penalty for a gross misdemeanor; revising sections FWRC
6.15.020 and 6.05.070. (Amending Ord. Nos. 91-89, 06-518 and 09-601)
WHEREAS, effective July 22, 201 l, the Washington State Legislature passed SB 5168,
which reduces the maximum sentence for a gross misdemeanor from 365 days to 364 days; and
WHEREAS, the Federal Way Revised Code contains two sections that refer to the maximum
sentence for a gross misdemeanor as "one year;"
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. FWRC 6.15.020 is hereby amended as follows:
6.15.020 Vehicular assauit, nonfelony.
(1) A person is guilty of vehicular assault, nonfelony, when he or she (a) knowingly operates or
knowingly is in actual physical control of a vehicle; and (b) while doing so commits any act
defined as an infraction under FWRC Title 8 or RCW Title 46; and (c) such conduct is a
proximate cause of death, great bodily harm or substantial bodily harm to another. As used in
this section, "great bodily harm" and "substantial bodily harm" have the same meanings as in
RCW 9A.04.110 and "vehicle" has the same meaning as in RCW 46.04.670, as those statutes
now exist or may hereafter be amended. This section is intended to protect the public welfare.
No mens rea element that is not specifically stated in this section shall be in�rred or required.
Prosecution or punishment under this section shall not preclude separate prosecution or
punishment for any other crime.
(2) Any person who violates the provisions of this section is guilty of a gross misdemeanor
, ,
##�-$�-998.
Section 2. FWRC 6.05.070 is hereby amended as follows:
6.05.070 Penalty.
(1) Unless otherwise provided, any person convicted of a gross misdemeanor shall be
punished by a fine not to exceed $5,000 or by imprisonment in jail for a term not to exceed364
da�r��, or by both such fine and imprisonment.
(2) Unless otherwise provided, any person convicted of a misdemeanor shall be punished by
a fine not to exceed $1,000 or by imprisonment in jail for a term not to exceed 90 days, or by
both such fine and imprisonment.
Ordinance No. I1- Page 1 of 3
Rev 1/10
(3) A person who is convicted of a misdemeanor violation of any provision of Chapter 69.50
RCW adopted by reference shall be punished by imprisonment for notless than 24 consecutive
hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the fine
shall not be less than $500.00. These fines shall be in addition to any other fine or penalty
imposed. Unless the court finds that the mposition of the minimum imprisonment will pose a
substantial risk to the defendanYs physical or mental wel�being or that local jail facilities are in
an overcrowded condition, the minimum term of imprisonment shall not be suspended or
deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a
minimum of 40 hours of community service. If a minimum term of imprisonment is suspended or
deferred, the court shall state in writing the reason for granting the suspensionor deferral and
the facts upon which the suspension or deferral is based. Unless the court finds the person to be
indigent, the minimum fine shall not be suspended or deferred.
Section 3. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid ar
unconstitutional.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
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 take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
Ordinance No. 11- Page 2 of 3
Rev 1/10
PASSED by the City Council of the City of Federal Waythis _ day of October 2011.
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 11- Page 3 of 3
Rev 1/10
COUNCIL MEETING DATE: ��e-�-6 C� �� �� �
_... _ __...... _. _ ... _ _..__. �--
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:_ ��,
SUB.IECT: Animal kennels and animal care facilities in the Neighborhood Business, Community Business, and Commercial
Enterprise zones
Po[.[CY QUESTtoN: Should the City amend the Federa! Way Revised Code (FWRC) to establish a new definition for
animal care facility and animal kennels and adopt new development regulations for allowing animal care facilities and
animai kennels in the Neighborhood Business zone and make related changes to the Community Business and Commercial
Enterprise zone to make the code sections consistent?
COMMITTEE: Land Use/Transportation Committee
CATEGORY:
❑ Consent � Ordinance
❑ City Council Business ❑ Resolution
STAFF REPORT BY: Pnncipal Planner Margaret H. Clark AICP
MEETING DATE July 18 , ZOI I
❑ Public Hearing
❑ Other
DEPT: Community and Economic
_____ ____
Background: The Federul Way Revised Code (FWRC) requires the City to accept applications for code amendments on an
annual basis. In September 2009, the City received a request &om Jon Moore to amend FWRC Chapter 10215, "Neighborhood
Business (BI�," to allow kennels, dog day care, and pet training in the Neighborhood Business (BN) zone. This request was
presented to the Land Use/Transportation Committee (LUTC) and City Council on March 7, 201 l, and April 5, 2011
respectively, and was selected to be part of the 2011 Planning Commission Work Program. The Planning Commission conducted
a public hearing on May 18, 201 I, at the ciose of which they recommended to the council approval of the staff recommendation
with one modification to prohibit breeding of animals in the BN zone.
Attachments: 1) Draft Adoption Ordinance; 2) Staff Report to the Planning Commission with Exhibits A-I; 4) Minutes of the
May 18, 2011, Planning Commission Public Hearing.
Options Considered: 1) Adopt the Mayor's recommendation as shown in the Draft Adoption Ordinance; 2) Adopt the Mayor's
recommendation as further amended by the LUTC; 3) Do not adopt the Mayor's recommendation .
n�tnYO[t'S RECOt�tMElv�nT[o�v: The Mayor recommends adoption of the proposed amendments as written in the Draft
Ordinance.
�.., s-.
MAYOR APPROVAL:
o
COMMITTEE RECOMMENDATION: 1 move to forward
C
DIRECTOR APPROVAL:
to First Reading on September 6,
Council
1.
Member
PitdPOSED COUNC[L MOTION(S):
1 REnn�rrc oF Ottn[NarrcE (September 6,
201 L, Council Meeting for adoption.
11): I move to forward approval of the ordinance to the September 20,
2 READING OF ORDINANCE (September 20 2011): '7 move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BY C/TY CLERKS OFFlCE)
COUNCIL AC"1'ION:
❑ APPROVED COUNC[L BILL #
❑ DENIED lsT reading _�Q" � ,�
❑ TABLED/DEFERRED/NO ACTION Enactment reading
�, MOVED TO SECOND READING (ordinances only) ORDINANCE #
REV [SED - 08/ l2/2010 RESOLUT[ON #
����IIIiVi'
, s
� � �
� �
CITY ATTORNEY'S OFFICE
� MEMORANDUM
DATE: SEPTEMBER 14, 2011
TO: CITY COUNCIL MEMBERS
MAYOR PRIEST
FROM: PETER BECKWITH, ASSISTANT CITY ATTORNEY �''
SUBJECT: KENNEL REGULATIONS
At the September 6�h Council meeting, Council reviewed a zoning code amendment regarding animal
kennels and animal care facilities within certain land use zones. Three questions were raised regarding: 1)
whether Kennels should only accept City licensed animals; 2) whether Kennels should be limited to a
ma�mum number of animals; and 3) whether anunal noise from Kennels is adequately addressed. For the
purposes of this memq Kennels include animal boarding and daycare facilities and, depending on function,
may include animal hospitals, veterinarian clinics, groomers, or pet stores.
Limiting Kennels to licensed animals:
Pursuant to code, the owner or person in possession of a cat or dog is responsible to obtain a license
for their animal. However, the code exempts certain people and animals from this licensing requirement
including non-residents, service animals, and animals that have not reached a certain age.
Kennels are not required to verify animal licenses and are exempt from animal licensing
requirements. If the code were amended to require Kennels to limit their business to licensed City animals,
addiuonal amendments to licensing requirements and exemptions would need to be made to avoid confusion.
For example, the City would need to detern�ine how Kennels would handle non-resident animals, which are
currendy exempt from the City's licensing requirements. Would the City require that non-resident animals be
licensed? Would a license from another jurisdiction be acceptable? If so, what about non-resident animals
that are exempt under their jurisdiction's licensing requirements? A cursory review of surrounding
jurisdictions indicate that requiring Kennels to only accept licensed animals would be unique to Federal Way.
l.iiniting Kennels to a ma�rnum number of animals:
The City regulates Kennels based on the health and safety of the animals. FWRC 9.18.130. In
addition, the Seatde-King County Department of Health ("Department of Health") also inspects Kennels for
the heath and safety of the animals. King County Board of Health Regulations 8.03. Neither the City nor the
Department of Health regulate on the basis of a predetermined ma�rnum number of animals but rather look
at factors including but not limited to: faciliry sanitation; purpose of the Kennel (daycare, overnight boarding,
groomers, etc.); and the ability to separate/isolate sick animals. The Department of Health also imposes on
Kennels other requirements such as an infection control plan, a record keeping requirement, and a rabies
vaccinatton requirement.
Addressing animal noise:
The City currently has two methods for addressing animal noise. Pursuant to FWRC 9.18.100, Police
can enforce animal "public nuisance noise," such as barking, against both the owner and custodian of the
animal. In addition, under the public nuisance code, Code Enforcement can enforce the State's noise decibel
level standards, which regulates the volume of noise that is emitted from a property. For example, if the
volume of an animaPs noise that is heard on an adjacent property exceeds certain State adopted decibel level
standards it is a violauon. The proposed amendment further regulates animal noise from Kennels by
requiring that the design of Kennels take into considerarion animal noise so that the noise will not exceed the
State's noise decibel standards. This may include imposing restricrions on when and where animals can be
located outside and/or installing sound mitigation measures.
K:\Memo\2011\Staff report — Kennel Regulations
2
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to allowing animal kennels and animal care facilities in the Neighborhood
Business, Community Business, and Commercial Enterprise zones;
amending FWRC 19.215.040, 19.220.040 and 19.240.100. (Amending
Ordinance Nos. 90-43, 93-170, 96-270, 97-291, 01-385, 01-399, 03-443,
OS-506, 07-559, 08-585, 09-604 and 09-605)
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Fecleral Way
Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law,
codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve
the efficiency of the regulations and the development review process; and
WHEREAS, this ordinance, containing amendments to development regulations and the text of Title
19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35
FWRC; and
WHEREAS, it is in the public interest for the City Council to amend the FWRC to establish a new
definition far animal care facility and animal kennels and to adopt new development regulations for
allowing animal care facilities and animal kennels in the Neighborhood Business (BN) zone within the
City of Federal Way; and
WHEREAS, it is in the public interest for the City Council to amend the FWRC to modify existing
regulations related to allowing animal care facilities and animal kennels in the Community Business (BC)
and Commercial Enterprise (CE) zones in arder to more easily enforce noise and to make regulation of
noise consistent with the regulations for such use in the Neighborhood Business (BN) zone; and
WHEREAS, allowing animal day care and animal kennels in the BN zone is appropriate given that
the 14 BN-zoned nodes are located adjacent to neighborhoods; and
WHEREAS, allowing animal day care and animal kennels in the BN zone would fulfill a need far
such services in close proximity to residential uses as we11 as help the local economy, and;
Ordinance No. I1- Page l of 10
Rev 1/10 LU
WHEREAS, requiring that animal kennels and animal care facilities be designed so that the
maximum permissible noise levels from outdoor runs and other open areas comply with the provisions of
FWRC 7.10.050, which is consistent with state law, will adequately mitigate any potential noise impacts
on adjacent uses; and
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued far the
Proposal on April 29, 20ll, and no comments or appeals were received and the DNS was finalized on
May 30, 2011; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code
amendments on May 18, 2011, and forwarded a recommendation of approval to the Land Use
Transportation Committee with one modification to prohibit breeding of animals in the BN zone; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered
these code amendments on July 18, 2011, and recommended adoption of the text amendments as
recommended by the Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following findings with
respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the City and will benefit the
City as a whole because they would assist in creating new jobs, thus encouraging economic development
while ensuring that animal care facilities and animal kennels are compatible with surrounding
neighbarhoods.
(b) These code amendments comply with Chapter 36.70A RCW, Growth Management.
(c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will
implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan
(FWCP).
Ordinance No. I 1- Page 2 of 10
Rev 1/10 LU
(d) These code amendments bear a substantial relationship to, and will protect and not adversely
affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the FWRC.
Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 1935 FWRC, and based upon
the recitals and the findings set forth in Section l, the Federal Way City Council makes the following
Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed
amendments:
(a) The proposed FWRC amendments are consistent with, and substantially implement, the following
FWCP goals and policies:
LUP6 Conduct regular reviews of development regulations to determine how to
improve upon the permit review process.
LUP44 Encourage neighborhood retail and personal services to locate at appropriate
locations where local economic demand and design solutions demonstrate compatibility with
the neighborhood.
LUP46 Neighborhood Business centers should consist of neighborhood scale retail and
personal services.
EDG6 The City will encourage and support existing businesses to remain and/ar expand
their facilities within Federal Way.
EDP10 The City will work with the private sector to actively encourage the retention and
expansion of existing businesses, as well as bring in new development, businesses, and jobs to
the community.
EDP18 The City will periodically monitar local and regional trends to be able to adjust
plans, policies, and programs.
(b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and
welfare because they would allow animal care facilities and animal kennels in the BN zone, thus allowing
the location of a service in close proximity to potential customers and reducing the need to commute to
and from such a service if it was located only in the BC or CE zones.
(c) The proposed amendments are in the best interest of the public and the residents of the City of
Federal Way because they would aid in economic development by providing the opportunity for location
Ordinance No. 11- � Page 3 of !0
Rev 1/10 LU
of such businesses in any of the 14 neighborhood nodes. They are also in the best interest of the public
and the residents of the City because they should result in more consistent enforcement of noise
associated with outdoor runs associated with animal care facilities or animal kennels.
Section 3. FWRC 19.05.010 A definitions -- is hereby amended to read as follows:
"Abandoned" means lrnowing relinquishment, by the owner, of right or claim to the subject property or
structure on that property, without any intention of transferring rights to the property or structure to
another owner, tenant, or lessee, ar of resuming the owner's use of the property. "Abandoned" includes
but is not limited to circumstances involving tax forfeiture, banlffuptcy, or mortgage foreclosure.
"Abandoned personal wireless service facility" means a PWSF that meets the following:
(1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or
(2) The effective radiated power of an antenna has been reduced by 75 percent far a period of 60 or
more consecutive days; ar
(3) The antenna has been relocated at a point less than 80 percent of the height of the support structure;
or
(4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or
more consecutive days.
"Accessory" means a use ar structure which is subordinate and incidental in size, scale, design, or
purpose to the principal use or structure on the subject property, and supports the principal use or
structure without displacing ar dominating it. See FWRC 19.265.010.
"Accessory dwelling unit (ADU)" means either a freestanding detached structure, excluding outdoor
storage containers and similar structures used or designed to be used as living facilities, or an attached
part of a structure which is accessory to the main or primary dwelling unit located on the subject property,
providing complete, independent living facilities exclusively for one single housekeeping unit, including
permanent provisions for living, sleeping, cooking and sanitation. See FWRC 19.265.020. ADUs include:
(1) "ADU, attached" means an accessory dwelling unit that has one or more vertical and/or horizontal
walls in common with or attached to the primary dwelling unit.
(2) "ADU, detached" means a freestanding accessory dwelling unit that is not attached or physically
connected to the primary dwelling unit.
"Accessory living facility" means an area or structure on the subject property, which is accessory to a
permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and
sanitation for an employee on the subject property and that employee's family, ar far the business
owner/operator and that person's family.
"Active uses" means uses that by their very nature generate activity, and thus opportunities for natural
surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc.
"Adjoining" means property that touches or is directly across a street from the subject property. For the
purpose of height regulations, any portion of a structure which is 100 feet or more from a low density
zone is not considered to be adjoining that zone.
"Administratar" for the purpose of sign regulations means the director or his/her designated
representative.
"Adult entertainment, activity, retail, or use" shall mean all of the following:
(1) "Adult theater" shall mean a building or enclosure or any portion thereof used for presenting
material distinguished or characterized by an emphasis on matter depicting, describing or relating to
specified "sexual activities" ar"specified anatomical areas" (defined below) for observation by patrons
therein and which excludes minors by virtue of age.
(2) "Adult entertainment" shall mean a cabaret, nightclub or other establishment which features go-go
dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who
Ordinance Na 11- Page 4 of 10
� Rev 1/]0 LU
are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or
other activities include or mimic "specified sexual activities" (defined in FWRC 19.05.190) and which
establishment excludes minors by virtue of age, and shall mean any of the adult entertainment
establishments as defined in FWRC 12.10.010.
(3) "Panorama" and "peepshow" sha11 mean as defined in FWRC 12.10.010.
(4) "Adult retail" shall mean a retail establishment which, far money or any other form of
consideration, either:
(a) Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or
provide for viewing, off the premises, any adult-oriented merchandise; or
(b) Provides, as its substantial stock-in-trade, far the sale, exchange, rental, loan, trade, transfer,
andlor viewing or use, off the premises, any adult-oriented merchandise.
Activities and uses defined as "adult entertainment, activity, retail, or use" are only permitted in the
zone where that term is specifically listed as an allowable use and only in conformance to the
requirements as stated for that use.
"Adult family home" means a residential home for which a person is licensed to provide personal care,
special care, room, and board to more than one, but not more than six, adults who are not related by blood
or marriage to the person or persons providing the services. The number of residents in an adult family
home may be no more than the total of the residents being provided services, plus a family that includes at
least one service provider. Any limitation on the number of residents resulting from this definition shall
not be applied to the extent it would prevent the city from making reasonable accommodations to disabled
persons in arder to affard such persons equal opportunity to use and enjoy a dwelling as required by the
Fair Housing Amendments Act of 1988, 42 USC 3604(�(3)(b). This definitions shall not be applied to the
extent that would cause a residential structure occupied by persons with handicaps, as defined in the
Federal Fair Housing Amendments Act of 1988, to be treated differently that a smaller residential
structure occupied by other related or unrelated individuals. See FWRC 19105.080.
"Adult-ariented merchandise" shall mean any goods, products, commodities, or other wares, including,
but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or
nonclothing novelties which depict, describe, ar simulate "specified anatomical areas" or "specified
sexual activities" (defined in FWRC 19.05.190).
"Agricultural use" means any agricultural, stable or livestock use listed as an allowable use in the
suburban estate zones.
"Air rights" means the right to control the use of the space above the surface of the ground.
"AKART" means "all known, available and reasonable methods of prevention, control and treatment,"
and is the most current methodology that can be reasonably required far preventing, controlling, ar
abating the pollutants associated with a point or nonpoint discharge. See also "best management
practices."
"Alluvium" means soil deposits transported by surface waters.
"Animal care facilitv" — See definition of "Animal kennel."
"Animal kennel" means any structure or premises in which animals are boarded (including day care) or
bred for a fee ar compensation. Animal kennels mav also offer �rooming, training, sales of ancillary
items, and related activities.
"Antenna(s)" means any system of electromagnetically tuned wires, poles, rods, reflecting discs or
similar devices used to transmit ar receive electromagnetic waves between terrestrial and/or orbital based
points, including, but is not limited to:
(1) "Omni-directional (or `whip') antenna(s)" transmits and receives radio frequency signals in a 360-
degree radial pattern.
(2) "Directional (or `panel') antenna(s)" transmits and receives radio frequency signals in a specific
directional pattern of less than 360 degrees.
(3) "Parabolic (ar `dish') antenna(s)" is a bowl-shaped device for the reception and/ar transmission of
communications signals in a specific directional pattern.
Ordinance No. 11- Page S of IO
Rev 1/10 LU
(4) "Ancillary antenna" is an antenna that is less than 12 inches in its largest dimension and that is not
directly used to provide personal wireless communications services. An example would be a global
positioning satellite (GPS) antenna.
"Antique" ar"collectible" means any article which, because of age, rarity, or historical significance,
has a monetary value greater than its original value, or which has an age recognized by the United States
government as entitling the article to an import duty less than that prescribed for contemparary
merchandise.
"Applicant" means a person who, whether personally or through an agent, seeks, requests, or applies
for any permit, approval, license, franchise, development proposal, or capacity reserve certificate (CRC);
a person who is the owner of property subject to this title, and a person who is engaged, whether
personally ar through an agent, in development activity. "Applicant" includes both the principal and any
agent.
"Aquifer" means a geological formation that is capable of yielding a usable amount of fresh water to a
well or spring.
"Arcade" means a linear pedestrian walkway that abuts and runs along the facade of a building. It is
covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its
open side. There may be habitable space above the arcade.
"Architectural embellishments for sign regulations" means the aesthetic elements of the structure that
includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the
sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements
surrounding or supporting the sign.
"Average building elevation (ABE)" means the average of the highest and lowest existing or proposed
elevations, whichever is lowest, taken at the base of the exterior walls of the structure, or it means five
feet above the lowest of the existing or proposed elevations, whichever is lowest. ABE is the elevation
from which building height is measured.
__�'_'._—_ —~ __'_�i..
��4WtiL1�__.____' ____ '
Puildins ; + ;
Height
� I
i i
i 'i
i i
i i
5 i--�--� — _ —— -- — ------
_ a _
I�west Re'fe�nce' Fighest
Bevati�rt daEum �ABE� 8euatiun
"Average slope" means the average grade of land within each land area representing a distirict
topographical change.
"Awning" means a nonrigid, roof-like cover that projects from a building as a shelter, but that does not
project above the adjacent parapet or roof of a supporting building.
Ordinance No. 11- Page 6 of IO
Rev I/]0 LU
Section 4. FWRC 19.215.040, "Schools — Day care facilities, commercial," is hereby amended to read as follows:
19.215.040 Schools — Day care facilities, commercial -- Animal kennels or animal care facilities.
T1
ie followin uses shall be ermitted in the neighborhood business (BN) zone subject to the re ulations and notes set forth in this section:
USE ZONE CHART
O DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
� Minimums
d � Required Yards �
a U �
ZONE
� BN
w a� � � o � �cn�
�. 3 N ?: � �, o�n
a �.� � � �, �� �
USE ��'�, a w � � x� � a SPECIAL REGULATIONS AND NOTES
Schools Schools: 7,200 Schools for 50 or 55 ft. above Determined 1. Day care facilities must contain an outdoor play area witl� at least 75 sq. ft. for each child using the area at any one time.
process III sq. ft. more attendees: average on a case-by- This play area must be completely enclosed Uy a solid fence or other screen at least six ft. iu height. Play equipmen[ and
Day care 50 ft. 50 ft. 50 ft. building case basis structured play areas must be set back at least five ft. from eacli property lii�e.
faCilities, Da Care elevation for 2. School, a� day care facilities, auimal kennels, or animal care facilities may include one accessory livina facility.
Y Otherwise: 3. Day care facilities and scliools must comply with tlie requirements of the State Department of Social and Health Services
commerCial facilities, 20 ft. 20 ft. 20 ft. SYms if and/or the State Superintendent of Public Instruction.
commercial; located 100 4. All activities ertainin to schools, such as auto-re air or other uses that ma im act ad'acent ro erties, must take lace
Day care for 13 or P � p Y P J P P P
Animal Animal more attendees: ft. or more within an enclosed Uuildine.
kennels or kennels or from an 5. Animal kennels and animal care facilities must be desi�ned so that tl�e maximum perniissible noise levels from outdoor
20 ft. 20 ft. 20 ft. runs aud otlier o eu areas com 1
animal care animal care adjacent p p_v wi[U tUe provisions of FWRC 7.I0.05o; and such outdoor areas shall Ue screened from
facilities Process II or Otherwise: residential adiacent nrouerties bv ]0 ft. ofType III landsca�Q, as defined by Chapter 19.125 FWRC, or ereater buffer as required
20 ft. 5 ft. 10 ft. therein.
No with SEPA, zone � 6. If any portion of a structure on Uie subject property is located less tl�an ] 00 ft. from an adjacent residential zone, then
breeding of Process III that portiou of tUe structure shall not exceed 30 ft. above average Uuilding elevation and the structure sl�all be set back a
animals are Outdoor uses for 35 ft. above
minimum of 20 ft. from the property line of die residential zone.
allowed : animals, such as average 6 7. For scliools, witli the exception of gyms, tl�e heigl�t of a structure may exceed 35 ft. aUove averaoe building elevation to
o�en-ait kennels, building a maximum of 40 ft., if all of tlie following criteria are me[:
runs, trainin�yards, elevation for a. Tl�e structure is ]ocated 100 ft. or more from an adjace��t residential zone.
or show facilities, all oYher b. The additional height is necessary ro accommodate the partictdar use conducted in the Uuildino: and,
shall be set back 20 structures c. Each required yard abuttino the structure is inereased five ft. for each one R. the structure exceeds 35 ft. above average
ft. from anyproperty building elevation; and
line d. The increased lieight is cons�stent with eoals and policies for the area of tl�e subject property as established by tlie
See notes 3 6 comprehensive plan.
—� 8 � 8. For schools, including gyms, an increase in heioht above 35 ft. shall not block views designated by the comprehensive
See notes 5, 6 and p�
�$I 1 8 9. No maximum lot coverage is established. Instexd, the buildable area will be determined by other sile dcvelopment
requirements, i.e., required buffers, parking lot landscapino, surface water facilities, etc.
9 10. For couvnunity desien guidelines that apply to the project, see Chapter 19.115 FWRC.
}9 1 l. For landscaping requirements that apply to tlie project, see Chapter 19.125 FW RC.
� 12. For sign requirements tUat apply to the project, see Chapter 19.140 FWRC.
� 13. Refer to CUapter 19.265 FWRC to deterniine what other provisions of this title may apply to the subject property.
d3 14. Site design, includiug [he locatiov of parking and passeuger loading areas shall be designed to reduce impac[s on
nearb residentialareas.
Process I, II, III and N are described in For other information about parking and parking areas, see Chapter 19.130 FWRC.
Cliapter 19.55 FWRC,
CUapter 19.60 FWRC,
Chapter 19.65 FWRC, For details of what may exceed this height limrt, see FW RC 19.110.050 et seq.
CUapter 19J0 FWRC respectively. For details reoarding required yards, see FWRC 19.125.160 et seq.
Ordinance No. 11- Page 7 of ! 0
Rev I/10 LU
Section 5. FWRC 19.220.040, "Schools — Day care facilities, commercial — Animal kennels," is hereby amended to read as follows:
19.220.040 Schools — Day care facilities, commercial — Animal kennels.
The followine uses shall be permitted in the communitv business BCl zone
�
z
0
F�
Q
a
�
c�
z
USE
Schools;
business,
vocational,
or trade
schools
Day care
facilities,
commercial
Animal
kennels or
animal care
facilities
USE ZONE CHART
DIRECTIONS: FIRST, read down Co find use ... THEN, across for REGULATIONS
Minimums
Reauired Yards
�
a
.� a
°_' 3
� �
� N
��
Process
II or
with
SEPA,
Process
III
�
N
� �
...�i w
None 20 f
�
�
°?
� �
� �
� �
Except20
ft. along
residential
zones
Outdoor uses for
animals, sucl� as
open-air kennels,
runs, training
yards, or show
facilities, shall be
set back 20 ft.
from any propert�
line
See �otes 2, 4, 8,
and 11
w
o�
� Y
bA `�
�
� y
w �
55 ft.
above
average
building
elevation
(AABE)
for gyms if
located
100 ft. or
more from
an adjacent
residential
zone
35 ft.
above
average
building
elevation
(AABE),
to 55 ft.
AABE, for
all other
structw�es
See notes ]
—3
Process I, II, III and N are described in
Chapter 19.55 FWRC,
Cliapter 19.60 FWRC,
Cliapter 19.65 FWRC,
CUapter 19J0 FWRC respectively.
�
¢
�
��
c
� X
Q ' y,
�
cG a
to the
and notes set forth in this section:
ZONE
BC
SPECIAL REGULATIONS AND NOTES
Determined on 1. Building heiglit may not exceed 30 ft. AABE when located within ] 00 ft. oC a residential zone.
a case-by-case Z. Except For gyms, if approved Uy tl�e director of commuuity development services, tlie height of a struchire may exceed 35 ft. above average Uuildino
basis elevatiov (AABE), to a maximum of 55 ft. AABE, if all of the followiug criteria are met: (a) The additional lieight is necessary to accommodate the
structural, equipment, or operational needs of tl�e use conducted iu the Uuildina, and/or all oround floor spaces liave a nnnimum floor-to-ceiling height of
13 ft. and a minimum depth of 15 ft.; (b) Height complies with note l; (c) Height over 35 ft. is set back from uon-residential zones by one ft. for each
one ft. of height over 35 ft.; and (d) Roof lines are desiened to avoid a predominantly flat and featureless appearance through variations in roof lieight,
fornis, angles, and materials.
3. For any structure, including gynu, an iucrease in heigUt aUove 35 ft. shall not Ulock views designated by the comprel�ensive plan.
4. Day care facilities must contain an outdoor play area with at least 75 sq. ft. for each child usino tl�e area at any one time. This play area must be
completely enclosed by a solid fence or other screen at least six ft in heigl�k Play equipmeut and structured play areas must be set back at least five ft.
from each property line.
5. Day care facilities, animal kemiels, or a� animal care facilities may include accessory living facilities as de�ned by FWRC 19A5.010.
6. Day care facilities and scl�ools must comply with the requirements of tl�e State Department of Social and Health Services and/or the State
Superintendent of Public lustruction.
7. All activities pertainiug to schools, business or vocational schools, or trade scl�ools, such as auto-repair or other uses diat may impact adjacent
properties, must take place witliin an enclosed buildine.
8. Animal kennels and aziimal care facilities mus[ be desioned so tliat � ° �°'°�°°a ����°° ��°• ���''^^- - �•�° °•�'' �"�°- ��"' °'°°° "'`" `'° °°'"'''° """.°
tl�e maximum
perniissiUle noise levels from outdoor runs and od�er open areas comply with the provisions of FWRC 7 10 O50 and such outdoor areas sl�all be screened
from adjacent properties by ] 0 ft. of Type III landscaping, as defined Uy Chapter 19.125 FWRC, or greater buffer as required tlierein.
9. No maximum lot coveraoe is establislied. Instead, the Uuildable area will be determined by other site development requirements, i.e., required Uuffers,
parking lot landscaping, surface water facilities, etc.
10. For community desigu guidelines that apply to the project, see Chapter 19.11 5 FWRC.
1]. For landscapiug requirements that apply to tlie project, see Cliapter 19.125 FWRC.
12. For sion requirements that apply to the project, see Chapter 19.140 FWRC.
13. Refer to Chapter 19.�65 FWRC [o determine what other provisions of this title may apply to Uie suUject property.
14. Site desion, includino the location of parkino and passenger loading areas shall be desioned to reduce impacts on nearby residential areas.
For other information about parking aud parking areas, see Chapter 19.130 FW RC.
For details of what may exceed tliis lieiglit lintit, see FW RC 19. ]] 0.050 et seq.
For details regarding required yards, see F W RC 19.125.160 et seq.
Ordinance No. 11- � Page 8 of 10
Rev 1/10 LU
Section 6. FWRC. 19.240.100, `Business, vocational, trade schools — Day care facilities, commercial — Animal kennels," is hereby amended to read as
follows
19.240.100 Business, vocational, trade schools — Day care facilities, commercial — Animal kennels.
The following uses shall be permitted in the commercial enterprise (CE) zone subject to the re ulations and notes set forth in this section:
USE ZONE CHART
z DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
� Mivimums
� � Required Yards �
� o �, ZONE
� � ¢
w ��' � � � o � � � CE
�. 3 N `: E � �- G
�' � .� �' � � � �i � " 5 :Y
usE � � � w � � � � � � a SPECIAL REGULATIONS AND NOTES
Business Frocess II None 20 ft See note 40 fC. Determined 1. Minimum side and rear yards shall be 20 ft. alono residential zones and 10 ft. along all other zones.
schools, or with 1 above on a Case- 2. If approved by the director of communiry development services, the heioht of a structure may exceed 40 ft. above average building elevation
vocational SEPA, OuCdoor use average by-case �AABE), to a maximmn of 55 ft. AABE, if all of the followiuo criteria are n�et (a) The increased lieigl�t is necessary to acconmiodate tUe
schools, trade ProCess areas for building Uasis structural, equipmeut, or operational needs of the i�se conducted in the Uuilding, and/or all o ound floor spaces liave a minim�im floor-to-ceilino
lieigl�t of 13 ft. and a minimum deptl� of I S ft.; (U) Height complies with note 3; (c) Heioljt over 40 ft. is set back from non-residential zones Uy
schools Il l � animals, SuCh as elevation one additional ft. for each one ft. of lieight over 40 fC; and (d) Roof lines are desio �ed to avoid a predominantly flat and featureless appearance
open-air (AABE), tluougl� variations in roof heioht, forms, angles, and materials.
Day Care kennels, runs, to 55 ft. 3. Building height may not exceed 30 ft. AABE when located within 100 ft. of a residential zone.
facilitieS, training yards, or AABE 4. Any activities operated Uy business, vocational, or trade schools, that may impact adjacent properties, such as auto repair or painting, must take
CommerCial ShoW faC111hCS, place witUin an enclosed Uuilding.
Shall be Set back See notes 5. Day care facilities must contain an outdoor play area with at least 75 sq. ft. for each child using tl�e area at any one time. This play area nwst be
Animal kenttels, 20 ft. fi'om any 2 and 3 completely enclosed by a solid feuce or o8ier approved screen at least six ft. in heiol�t. Play equipmeut and structured play areas may not Ue
located in a required yard.
animal Care property line 6. Day care faciliYies must comply witl� all applicable state aud outside agency liceusing certifications, or oUier applicable requiremeuts.
f3Ctlittes 7. Day care facilities, animal kennels, or a� animal care facilities may include accessory livino facilities as defiued by FWRC 19.05.010.
See notes 8 and 8. Animal kennels and animal care facilides must be designed so that � a � `- a °'' �"-°' �°'° °'°°° """'° °°'"'''
13 �
tl�e maximum nermissible noise levels from outdoor runs and other open areas complv with die provisions of FWRC 7 10 O50 and such outdoor
areas sUall be screened from adjacent properties by 10 ft. of Type III landscaping, as defined by Chapter ] 9.125 FWRC, or oreater buffer as
required therein.
9. Site design, i��cluding the location of parkino and passenger loading areas shall be desigued to reduce impacts ou nearby residential areas.
10. No maximum lot coveraee applies. Instead, the buildable area will Ue detem�ined by odier site developmei�t regulations, i.e., required yards,
landscaping, surface water facilities, etc.
11. For regulations pertaining to outdoor use, ac[ivity and storage, refer to FWRC 19.125.170.
12. For community design guidelines tUat apply to the project, see Chapter 19.1 ] 5 FWRC.
13. For landscapino requirements tliat apply to the project, see Chapter 19.125 FWRC.
14. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
] 5. For otUer provisions of Uiis cliapter tl�at may apply to the subject property, see Chapter 19.265 FWRC.
Process I, II, III and IV are described in
Chapter t9.55 FWRC, For other information about parking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.65 FWRC, For details regarding required yards, see FWRC 19.125.160 et seq.
Chapter 19.70 FWRC respectively.
Ordinance No. 11- � Page 9 of 10
Rev 1/10 LU
Section 7. Severabilitv. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, ar 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 ardinance, or the validity of its application to any other persons ar circumstances.
Section 8. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
Section 9. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 10. Effective Date. This ardinance shall be effective five (5) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way this day of
20
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTNE DATE:
ORDINANCE NO.:
Ordinance No. /I- Page 10 of 10
Rev ]/10 LU
City of Federal Way
PLANNING COMMISSION
May 18, 201 l
7:00 p.m.
C ity Hall
Council Chambers
AGENDA
l. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
Apri120, 20 i 1
4. AUDIENCE COMMENT
5. ADMINISTRATNE REPORT
6. COMMISSION BUSINESS
• PUBLIC HEARING
Proposed Amendments Related to Allowing Animal Kennels and
Animal Care Facilities in the Neighborhood Business (BN) Zone
• STUDY SESSION
Bicycle and Pedestrian Master Plan
7. ADDITIONAL BUSINESS
8. ADJOURN
Commissioners City Staff
Merle Pfeifer, Chair Hope Elder, Vice-Chair Patrick Doherty, Director of Community & Economic Development
Lawson Brorrson Wayne Carlson Margaret Clarl� Principal Planner
Tom Medhurst Sarady Long E. Tina Piety, Administrative Assutant
Tim O'Neil 253-835-260/
www. ci com
K:�Ptarwng Commission�2011�4genda OS-18-11_doc
CITY OF FEDERAL WAY
PLANNiNG COMMISSION
April 20, 2011 Ciry Hall
7:00 p.m. Counci( Chambers
MEETING MINUTES
Commissioners present: Merle Pfeifer, Hope Elder, Wayne Carlson, Tom Medhurst, Lawson Bronson,
Tim O'Neil, and Sarady Long. Staff present: Planning Manager Isaac Conlen, Principal Planner Margaret
Clark, Associate Planner, City Traffic Engineer Ricic Perez, and Administrative Assistant II Tina Piety.
CALL TO ORDER
Chair Pfeifer called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
The minutes of July 7, 2010, and November 3, 2010, were approved as presented.
AUD[ENCE COMMENT
Roger Flagar — He has property in the Twin Lakes Sub-Area Plan area. He attended the meeting
last week on the plan and was pleased by the citizen comments and interaction between citizens,
consultants, and staff.
ADMINISTRATIVE REPORT
Mr. Conlen welcomed the Commissioners back. He stated that given the 2011 Planning Commission
Work Program, they should be busy from this point on.
COMMISS[ON BUSINESS
ELECTIONS
Hope Elder was nominated for Vice-Chair. The vote was held and she was unanimously elected. Merle
Pfeiffer was nominated for Chair. The vote was he(d and he was unanimously e(ected.
The order of the remaining business items were switched in order to allow Mr. Perez to leave for another
meeting.
STUDY SESSIO1v — Update on Communities Putting Prevention to Work (CPPV� Grant
Complete Streets .
Mr. Perez delivered the staff presentation. The concept is to provide roadways that work for all modes of
transportation (motor vehicle, bicycle, and pedestrian). Staff is seeking direction as to whether Complete
Streets concepts should be a policy, ordinance, or resolution. The goal of the CPPW is for the city to have
an adopted policy. They have an emphasis on bicycles and pedestrians. Federal Way street standards
approach complete streets but would have to change to fully meet the concepts.
K:�Planning Commission�201 I�Ivleeting Summary 04-20-i l.doc
Planning Commission Minutes Page 2 April 20, 20l 1
Vice-Chair Hope expressed her concern about proposed transit cutbacks. Mr. Perez responded that
Counci( Member Burbidge is on the King County Regional Transportation Committee and is expressing
Federal Way's concerns about the proposed cutbacks. There will be a presentation at the May 3` City
Council meeting about the proposed cutbacks.
Vice-Chair Hope commented that it is her understanding the federal grants do not require bike lanes. Mr.
Perez responded that neither the federal nor state government requires bike lanes. One question to
consider is where it is feasible to add bike lanes. Should the city attempt to add them to 320` That would
require buying up houses or reducing lane widths. Currently the city has a disjointed bicycle network that
would likely have more use once it is filled in.
Commissioner Car(son asked if the city is tooking at strategies for new road connections. Mr. Perez
replied there are a few planned new connections. Commissioner Long commented that there are conflicts
between Complete Streets and the Growth Management Act's (GMA) concurrency requirements. Mr.
Perez commented that there are competing interests and it will be a challenge to balance them.
Chair Pfeiffer expressed concern over who will pay for new bike (anes. Bicyclists use them, but are not
licensed and therefore, do not contribute to paying for them. He suggested the city consider a bicycle user
fee or license. He also commented that he feels the Complete Streets concepts should be a policy and not
set in stone through an ordinance. Other Commissioners expressed concerns over funding. Commission
Bronson commented that when he lived in Ca(ifornia he paid for a bicycle license and had no problem
with doing so. Mr. Perez commented that while he is not against a bicycie license, the question becomes
how far do we go? Should pedestrians pay a user tax for sidewalks?
Overview of the CPPW Grant
Ms_ Clark stated that the City appiied for and received a grant for $180,000 as well as consulting help
from Public Health — Seattle & King County. The application was under the Healthy Eating Active Living
(HEAL) portion of the grant and was specificalty to prepare a city-wide bicycle and pedestrian master
plan and to prepare a model sub-area plan for the Neighborhood Business (BN) zoned area in the vicinity
of 21�` Avenue and SW Campus Drive. A condition of receiving the grant was to also develop strategies
to increase access to healthy food in Federal Way.
The Growth Management Act (GMA) requires that jurisdictions adopt policies and plans that increase
physical activity. Therefore, work under this grant will address a required element of the next major
comprehensive plan update. In addition, the 2010 Planning Commission Work Program included
evaluation of the existing Neighborhood Business (BN) zones. The sub-area plan for this BN zone will
serve as a model for the other BN-zoned areas. The term of the grant contract is from July 21, 2010, to
March 19, 2012, a 20-month period.
Twin Lakes Sub-Area Plan
Mr. Herrera delivered the staff presentation_ The CPPW grant is intended to address leading causes of
death. The subarea planning effort will help define how to build upon the neighborhood's existing assets
and address cunent challenges to encourage the development of a model healthy community. The city is
not seeking to force people into a"healthy" lifestyle, but to provide options. The city intends this to be a
community plan with input from community members and stakeholders. Last week the Stakeholders kick-
off ineeting was held. The next meeting is scheduled for May 11`� in City Hall Council Chambers. There
wi(1 be workshops held within the proposed subarea.
Mr. Herrera commented that the subarea boundaries shown in the agenda packet material are still in the
draft stage and could change. Commissioner O'Neil commented that this would be a great project to add
K:�Planning Commission�201 I�Mceting Summary 04-20.1 ].doc
Planning Commission Minutes Page 3 Apri120, 2011
bicycle and walking paths. Mr. Herrera commented that the proposed subarea is close to the BPA Trail.
They are not connected, but it is something peop(e want to happen.
Commissioner Medhurst asked if the city will be sponsoring community gardens. Mr. Herrera replied that
current(y the city does not sponsor community gardens. According to city code, a community garden
cannot be a principal (or stand-alone) use, but must be an accessory to another use, say a school. Ms.
Clark commented that there are two schools with community gardens. The city is considering them in
order to encourage healthy eating. There are funding issues to consider, such as irrigation, potab(e water,
and a caretaker. Staff wi(1 be researching the issue.
STUDY SESSION — Update on 2011 Planning Commission Work Program
Ms. Clark delivered the staff presentation. The City Council approved the 2011 Planning Commission
Work Program on April 5, 201 l. Thirteen code amendments were completed in 2010. There is 1.5 FTE
Long Range planning staff. Current planning staff will assist as time allows. In addition to the Work
Program, the city's parks p(an needs to be updated in 2012 and long range staff will be asked to assist.
ADDITIONAL BUSINESS
None
ADJOURN
The meeting was adjourned at 9:00 p.m.
K:�Planning Commission�201 I�Meeting Summary 04-20-1 l.doc
�
CITY OF
Federal 1Nay
STAFF REPORT TO THE PLANNING COMMISSION
Amendment to Federal Way Revised Code to Allow Animal Kennels and
Animal Care Facilities in the Neighborhood Business (Bl� Zone
File No's: 11-101610-00-SE & 09-103760-00-UP
Public Hearing of May 18, 2011
I. REASON FOR AMENDMENTS
The Federal Way Revised Code (FWRC) requires the City to accept applications for code
amendments on an annual basis. In September 2009, the City received a request from Jon Moore
to amend FWRC Chapter 10.215, "Neighborhood Business (BN)," to allow kennels, dog day
care, and pet training in the Neighborhood Business (BN) zone. This request was presented to the
Land Use/Transportation Committee (LUTC) and City Council on March 7, 2011, and April 5,
2011 respectively, and was selected to be part of the 2011 Planning Commission Work Program.
II. BACKGROUND AND ANALYSIS
A. Existing Code Language
The FWRC allows animal kennels and animal care facilities in the BC zone (Exhibit A) and
the Commercial Enterprise (CE) Zone (Exhibit B). The existing following regulations for this
use in both zones are intended to mitigate any adverse impacts associated with the use:
1. Outdoor uses far animals, such as open-air kennels, runs, training yards, or show
facilities, shall be set back 20 feet from any properly line.
2_ Animal kennels and care facilities must be designed so that no sustained noise from
outdoor runs and other open areas will be audible off the subject property, based on a
certificate to this effect signed by an acoustical engineer and filed with the development
permit application and such outdoor areas shatl be screened from adjacent properties by
10 feet of Type III landscaping, as defined by Chapter 19.125 FWRC, or geater buffer as
required therein.
B. Research from Other Cities
As part of the background research, staff contacted the cities of Kent, Auburn, Tukwila,
Burien, Des Moines, Sea-Tac, Spokane Valley, and Renton to determine if animal care
facilities were allowed in their neighborhood business zones (E�ibit C). Only Sea-Tac and
Spokane Valley allowed this use. Sea-Tac allows the use with no restrictions, whereas
Spokane Valley allows the use based on them having no outdoor runs and meeting the noise
standards as identified by WAC 173-60-040, which is the state adopted maximum
environmental noise levels.
C. Rationale for Proposed Change
The Federal Way Comprehensive Plan (FWCP) states:
"There are 14 various sized nodes of Neighborhood Business located throughout
the City. These nodes are areas that provide retail and/or services to adjacent
residential areas.... Neighborhood Business areas are intended to provide
convenient goods (e.g., groceries and hardware) and services (e.g., dry cleaners,
dentist, bank) at a pedestrian and neighborhood scale c(ose to adjacent residential
uses."
Allowing animal day care and animal kennels in the BN zones seems (ogical given the
location of the 14 BN-zoned nodes adjacent to neighborhoods (E�chibit D). [n addition,
according to the Doggy Daycare Tips & Information website, the demand for dog day-care
businesses is on the rise as more American families welcome dog companions into the
household. The site stated that even a home-based dog daycare business can earn as much as
$100 to $300 a day. Therefore, allowing this use in the BN zone wou(d not only fu(fill a need
but he(p the local economy.
Staff, therefore, recommends allowing animal care facility and animal kennels in the BN zone
subject to the existing regulations for this use in the BC and CE zones as amended for noise
impacts (Exhibit E and discussed in the following section).
D. Other Proposed Changes
While reviewing the existing BC and CE Use Zone Charts, staff observed that there was no
definition for anima( kennels or anima( care faci(ities. Therefore, the following definition is
being proposed (E�ibit F):
"Animal care facilitv" — See definition of "Animal kennel."
"Animal kennel" means any structure or premises in which animals are boarded
(includin�day care) or bred for a fee or compensation. Animal kennels may also
offer �roomin�, training, sales of ancillary items and related activities.
Staff also observed that the existing language related to regulating noise associated with
outdoor runs and other open areas may be problematic to enforce, because it states that no
sustained noise from outdoor runs and other open areas shou(d be audibie offthe subject
property; however, there is no definition of "sustained." Staff, therefore, recommends that we
require compliance with the maximum permissible noise standards as adopted by the state,
and subsequently by the City (E�ibit G). Therefore, the following change is being proposed:
"Animal kennels and animal care facilities must be designed so that t�e-$ttst�e�
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the maximum �ermissible noise
levels from outdoor runs and other open areas comp(y with the provisions of
FWRC 7.10.050, and such outdoor areas shall be screened from adjacent
properties by 10 ft. of Type III (andscaping, as defined by Chapter 19.125
FWRC, or greater buffer as required therein."
Staff Report to the Planning Commission Page 2
Animal Kennels and Animal Care Facilities in BN Zone Files No's: 11-101610-00-SE & 09-103760-00-UP
III. PROCEDURAL SUMMARY
4/29/11 Issuance of Determination of Nonsignificance (DNS) pursuant to the State
Environmental Po(icy Act (SEPA)
5/16/11 End of SEPA Comment Period
5/30/11 End of SEPA Appeal Period
5/18/11 Public Hearing before the Planning Commission
IV. PUBLIC COMMENTS
No comments were received as of the date of this report.
V. REASON FOR PLANNING COMMISSION ACTION
FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for
zoning code text amendments. Consistent with Process VI review, the role of the Planning
Commission is as follows:
1. To review and evaluate the zoning code text regarding any proposed amendments.
2_ To determine whether the proposed zoning code text amendments meets the criteria provided
by FWRC 19.80.130.
3. To forward a recommendation to the City Council regarding adoption of the proposed zoning
code text amendments.
VI. DECISIONAL CRITERIA
FWRC i9.80.130 provides criteria for zoning text amendments. The fotlowing section analyzes
the compiiance of the proposed zoning text amendments with the criteria provided by FWRC
19.80.130. The City may amend the text of the FWRC only if it finds that:
1. The proposed amendment is consistent with the applicable provisions of the
eomprehensive plan.
The proposed options for the FWRC text amendment are consistent with the following FWCP
policies and goals_
LUP6 Conduct regular reviews of development regulations to determine how to
improve upon the permit review process.
Staff Report to the Planning Commission Page 3
Animal Kennels and Animal Care Facilities in BN Zone Files No's: 11-101610-00-SE & 09-103760-00-UP
LUP44 Encourage neighborhood retail and personal services to locate at appropriate
locations where local economic demand and design solutions demonstrate
compatibility with the neighborhood.
LUP46 Neighborhood Business centers should consist of neighborhood scale retail and
personal services.
EDG6 The City will encourage and support existing businesses to remain and/or expand
their facilities within Federal Way.
EDP10 The City wil( work with the private sector to actively encourage the retention and
expansion of existing businesses, as weli as bring in new development,
businesses, and jobs to the community.
EDP18 The City will periodically monitor local and regional trends to be able to adjust
plans, po(icies, and programs.
2. The proposed amendment bears a substantial relationship to public health, safety, or
welfare.
The proposed FWRC text amendment bears substantial relationship to the pubGc health,
safety, and welfare because it would allow an animal care facility or animal kennel in the BN
zone, thus allowing the location of a service in close proximity to potentiat customers and
reducing the need to commute to and from such a service if it was located only in the BC or
CE zones_
3. The proposed amendment is in the best interest of the residents of the city.
Approval of the proposed code amendment would benefit the City as a whole as it would aid
in economic development by providing the opportunity for location of such businesses in any
of the 14 neighborhood nodes.
VIL STAFF RECOMMENDATION
Based on the above staff analysis and decisional criteria, staff recommends that the proposed
amendments shown in E�chibits E, F, H, and I, and summarized as follows, be recommended for
approval by the Planning Commission:
1. Add "Animal care facility "and "Animal kennel" as an allowable use in the BN zone with
development reguiations intended to mitigate noise impacts on adjacent uses (E�chibit E).
2. Add a definition for "Animal care facility " and "Animal kennel" (Exhibit F).
3. Amend the language intended to mitigate noise impacfis in the BC and CE Use Zone Charts
associated with animal care facilities and animal kennels to be consistent with FWRC
7.10.050, "Ma�cimum Environmental Noise Levels" (Exhibits H and I).
Staff Report to the Planning Commission Page 4
Animal Kennels and Animal Care Facilities in BN Zone Files No's: 11-10(610-00-SE& 09-103760-00-UP
VIII. PLANNING CoMM[ssroN AcT[oN
Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the
foliowing actions regarding the proposed zoning code text amendments:
1. Recommend adoption of the F WRC text amendments as recommended by staff;
2. Modify the staffrecommended FWRC text amendments and recommend to the City Council
adoption of the EWRC text amendments as modified;
3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or
4. Forward the proposed FWRC text amendments to the City Council without a recommendation.
E��iTs
Exhibit A Use Zone Chart, FWRC 19.220_040 — Day care facilities, commercial — Anima( kennels
Exhibit B Use Zone Chart, FWRC 19.240.100 — Business, vocational, trade schools — Day care
facilities, commercial — Animal kennets
Exhibit C Research from Other Cities
Exhibit D Map of Neighborhood Business Zoned Areas
Exhibit L�' Amendments to Use Zone Chart, FWRC 19.21 �.040 — Day care facilities, commercial to
al(ow animat kennels or animal care facilities
Ezhibit F New Definitions for "Animal care faci(ity" and "Animal kennel"
Exhibit G FWRC 7.10.050 — Maximum environmenta( noise levels
Exhibit H Amendments to Use Zone Chart, FWRC 19.220.040 — Day care facilities, commercial —
Animal kennels
Exhibit I Amendments to Use Zone Chart, FWRC 19.240.100 — Business, vocational, trade schoo(s —
Day care facilities, commercial — Animal kennels
K:�2011 Code Amendments�Kennels, Dog Day Caze, Pet Training�Planning Commission\Staff Report_doc
Staff Report to the Planning Commission Page �
Animal Kennels and Anima( Caze Facilities in BN Zone Files No's: 1 i-101610-00-SE & 09-103760-00-tJP
19.220.040 Schools — Day care facilities, commercial — Animal kennels.
The followin uses shall be ermitted in the communit business (BC) zone sub'ect to the re ulations and notes set farth in this section:
USE ZONE CHART
z DIRECTIONS: FIItST, read down to find use ... THEN, across for REGULATIONS
� Minimums
Q y Re uired Yards �,
a °' " ZONE
a o �
`' � " a BC
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� � N � � L�' V � C
> O .n c� ' � p' �
UsE a a .S �: � � ��n x a SPECIAL REGULATIONS AND NUTES
Schools; Process None 20 fL 0 ft. 0 ft. 55 f[. � Determined on 1. Building height m�y not exceed 30 ft. AABE when located within 1001t. of a residential zone.
business, II ExcepC 20 above a case-by-case 2. Except for gyms, if approved by the director of communiry develupn��eut services, the height of u su�uctw�e may exceed 35 fl. above
vocatiottal, ft, along average � basis average building elevation (AABE), to a maximum of 55 ft. AABE, if all of the following criteria a��e met: (a) The additional height is
or trade residential building necessaty to accommodate the structural, equipment, or operational needs of the use conduc[ed in the building, and/or all ground floor
schools zones elevation spaces have a minimum tloor-to-ceiling height of 13 ft, und a minimum depth of 15 ft,; (b) Height canplies with note 1; (c) Height
Outdoor uses for �AABE) ovee 35 ft. is set back from non-residential zones by one ft. for each one f�. of height over 35 Tt.; and (d) Roof' lines a�e designed to
Day care for gyms if avoid a predominandy flat and featureless appearance through vuiauons in roof height, i'ornis, angles, and uiaterials.
facilities, �mals, such as located _ 3, For any s[ructure, including gyms, an increase in height above 35 ft. shall not block views designated by the comprehensive plan.
commercial open-air kennels, �00 ft. or 4. Day care facilities must contain an outdoor play area with at least 75 sy. ft. for each child using [he u•eu at any vne time. This play
runs, training
yards, or show more from area must be completely enclosed by a solid fence or o[her screen at least six ft. in height. Ylay ey�ipment and svuctured play areas
Animal an adjacent must be set back at least five ft. from each property line.
kennels or facili[ies, shall be i 5. Day care facilities and animal care facilities may include accessory living facilities as detined by FWRC 19.O5.O10,
set back 20 ft.
animal care zone 6. Day care facilities and schools mus[ comply with the reyuirements of the State Dep:ulmeiit of Social and He:�lth Services and/or the
facilities from any properry State Superintendent of Public Instruction.
line
35 ft. 7. All activities pertaining to schools, business a vocational schools, or tr�de schools, such as auto-repair or other uses that may
See notes 2, 4, 8, ubove impact adjacen[ propenies, must take place within :�i enclosed building.
and 11 average 8. Animal kennels and c:ue facilities must be designed so that no sust:uned noise from ou[door runs a��d other open areas will be
building audible off the subject properry, based on a certiticute to this eftect signed by an acousiical engineer und liled with the development
elevatio�t permit applicauon; and such outdoor u•eas shall be screened fiom adjacent propeities by l0 Yt, oY"f'ype Ill landscaping, as deTined by
(AABE), Chapter 19.125 FWRC, or greater buffer as required therein.
to 55 ft. 9. No maximum lot coverage is established, instead, the buildable a�ea will be determined by other si[e development reyuirements,
AABE, for i.e., required buffers, parking lot landscaping, suiface water facilities, etc.
all other 10. For community design guidelines that apply to the project, see Chapter 19.115 FWRC.
structures 11. For landscaping reyuiremen[s that apply to the project, see Chapter 19.125 FWRC.
12. Fa sign requirements that apply to the project, see Chapter 19.140 FWRC.
See notes 1 13, Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property.
— 3 14, Site design, including che location of parking and passenger loading areas shall be designed to reduce impacts on nearby
residential areas.
Process I, ll, lll and 1 V ure described in For other information about parking and parking areas, see Chapter L9,130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.6U FWRC,
Chapter 19.65 FWRC, For details of what may exceed this height liiiut, see f'WRC 19.110.050 et sey.
Cha ter 19,70 FWRC res ectivel . For details regarding reyuired yazds, see FW RC 19.125.16U et sey.
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K:\FWRC Uxe Zone Cherts\I9-220 Community Business BC�l9•220-040 Schools, Day Cue, Animal Kennels.DOC
19.240.100 Business, vocational, trade schools — Day care facilities, comruercial — Animal kennels.
The followin uses shall be ermitted in the commercial ente rise (CE) zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CHART
z DII2ECTIONS: FQiST, read down ro find use ... THEN, across for REGULATIONS
� Minimums
Re �ired Yards � ZONE
�7 � " °
� � � � Eo� �� CE
� 7 ..�. f� C y ' 'C V 7 �
USE a a �3 u` � a ��� a a SPECIAL REGULATIONS AND NOTES
Business Process II None 20 ft. See no[e 40 f[. Determined 1. Minimum side and rear ydrds shall be 20 ft. elung residential zones and l0 ft. alung atl uther zones.
schools, or with 1 above on a case- 2. If approved by the directvr of cotrununity development services, the height uf a suUCwre may exceed 40 ft. abuve average
vocational SEPA, Outdoor use uverage by-case building elevution (AABE), to a muximuttt of 55 Ct, AABE, if all of the followiug criteria are mer. (u)'Ct�e increased height is
schoolx, [rade Proces5 areas for building basis uecessary to accontmodate the strucwral, equiptneut, ur opeca�ional needs oi the use cuuducted in the building, tu�d/or nll
schools III animals, such as elevation ground floor spaces have a minimum tloor-to-ceiling height of 13 ft. xnd a minimum depth ol' 15 f[.; (b) Height coniplies wilh
open-air (AABE), note 3; (c) Height over d0 ft. is set back fro�u non-residential zones by one additional t't. for each one ft. oC height over 4U ft.;
Day care kennels, runs, to 55 ft. und (d) Roof liues are designed to avoid a predominandy flat and feutureless uppeurance through variutions in rouf height,
facilities, training yards, or AAdE form�, �ngles, and materials.
commercial show faciliues, 3. Building height may not exceed 30 ft. AA}3E when located wi[hin l0U ft. of a residentiul zone.
shall be set back See notes 4. Any activities operated by business, vocational, or trade sehouls, that may impuct adjaceut properiies, such as auto repair or
Animal kennels, 20 ft. from any 2 xnd 3 painting, must take place within an enclosed building.
animal care property line 5. Day care facilities must contain xn outduur play :uea with at least 75 sy. ft. for each child using the areu at any one time. This
facilities play area must be completely endosed by a solid fence or other approved screen at Ieast six ft. in heigh[, Play equipment and
See notes 8 and strucwred play areas may no[ be located iu a required yard,
13 6. Day care faciliucs must comply wi[h all applicable state and outside agency licensing, certitications, or other applicable
requirements.
7. Day care facili[ies tmd �nim�il care facilities may include accessury living facilities as de'ined by FWRC 19.05.010.
8. Mimal kennels and care facilities must be designed so that no sustained noise from outdoor runs and other open arcas will be
audible off [he subject property, based on a certiticate to this eYfect signCd by an acoustical engineer and tiled with the
development permit xpplication; and such outdoor areas shall be screened irom adjacent properties by 10 it. of "fype III
landscaping, as detined by Chapter 19.125 FWRC, or greater buffer as required therein.
9. Site design, including the locution of parking and passenger loading areas shall be desigued to roduce impacts on nearby
residen[ial nreas.
10. No maximum lot coverage applies. Instead, the buildable area will be determined by other site development regulations, i.e.,
reyuired yards, landscaping, surface water facili[ies, etc.
1 l. For regulations pertaining to outdoor use, activiry and storage, refer ro f'WRC 19. L25.170.
l2. For community design guideGnes Iha[ apply to the pruject, see Chapter 19.115 FWRC.
13. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC.
l4. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
I5. For other rovisions of [his cha ter that ma a 1 to the sub'ec[ ro ert , see Cha ter 19.265 FWRC.
Process I, II, III and IV are described in
Chapter 19.55 FWRC, For other informauon about parking and parking areas, see Chapter 19.130 FWRC.
Chapcer 19.60 fiWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et sey.
Chap�er 19.65 FWRC, For details regarding required yards, see FWRC 19.125.160 et seq.
Chapmr 19.70 FWRC respectively.
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K:\FWRC Use Zone ChertsU9-240 Commercial Entefprise CEU9•240•IUO Schools, Dey Cue, Kennels.DOC
EXHIBIT C
RESEARCH FROM OTHER CITIES
City BN Comparable Zoning Districts Allowed in Zones Kennels are Allowed
BN Type Zone
NCC — Neighborhood Convenience Commercial District Boarding kennels and breeding establishments
It is the purpose of the NCC district to provide small nodal Conditional Use
areas for retail and personal service activities convenient to Agricultural General District
Kent residential areas and to provide ready access to everyday N � General Commercial District,
convenience goods for the residents of such neighborhoods. Industrial Agricultural District
NCC districts shall be located in areas designated for
neighborhood services in the comprehensive plan.
C-N Neighborhood Shopping District C. Animal daycare businesses that feature outdoor exercise
areas and/or kennels. Administrative Use Permit:
GN neighborhood shopping center zones are intended for
Auburn �eighborhood shopping centers which provide limited retail N � DUC — Downtown Urban Center District
business, service and office facilities for the convenience of
residents of the neighborhood.
Conditional Uses:
Neighborhood Commercial Center (NCC) District Animals shelters and kennels, subject to all additional State
and local regulations (less than 4 cats or dogs does not
This district implements the Neighborhood Commercial need a permit).
Center Comprehensive Plan designation. Senior citizen
housing is allowed up to 60 dwelling units per acre, subject to Regional Commercial District
Tukwila additional restrictions. It is intended to provide for pedestrian NO Regional
friendly areas characterized and scaled to serve multiple Commercial Mixed-Use District
residential areas, with a diverse mix of uses. Uses include Commercial Light lndustrial District,
residential uses at second story or above when mixed with Light Industrial District,
certain retail, service, office, recreational and community Heavy Industrial District
facilities, generally along a transportation corridor. Tukwila Valley South District
Urban Center District (Indoor animal shelters and kennels)
Page 1 of 4
Allowed in
Gity BN Comparable Zoning Districts Zones Kennels are Allowed
BN Type Zone
Neighborhood Center (CN) zone Kennel allowed in;
The purpose of this zone is to establish relatively small areas Regional Commercial (RC) Zone
to provide convenience goods and services to meet the
everyday needs of the surrounding residential neighborhoods, Industrial (1) Zone:
while protecting neighborhood character. The intent is to 1. Outside runs and other outside facilities must be
provide for limited retail stores, services, offices and mixed setback at least 25 feet from each properry line (50 feet
use buildings that serve the immediate neighborhood (as well from a residential zone) and must be surrounded by a fence
Burien as other markets or service areas), located in neighborhood N � or wall sufficient to enclose the animals.
focal points,.. 2. Must provide suitable shelter and a clean, healthful
environment for the animals.
Community Commercial (CC) Zone:
A kennel is allowed as an indoor accessory use to a
veterinarian, provided that noise and odor impacts are
adequately mitigated.
N-C Neighborhood Commercial Zone NO GG General Commercia] Zone
The purpose of this zone and its application is to provide for (2) Business offices and any The following uses only are permitted, and as specifically
the location of and grouping of uses which are considered type of use rendering provided and allowed by this chapter:
compatible uses having common performance standards in professional services or (24) Kennels, corrunercial, provided all run areas shall be
Des Moines that they represent on-premises retail enterprises and involve personal services to the completely surrounded by an eight-foot solid wall or fence
only incidental and limited fabrication or assembly of individual; provided
cornmodities, or comprise a type of enterprise dispensing
commodities, or providing professional services, or providing d) The professional service
personal services to the individual. These services are does not include kennels or
intended to provide local facilities to serve the everyday small animal hospitals or clinics
needs of the neighborhood area.
Neighborhood Business Zone (NB) YES Kennel — Permitted Use
General, Educational, Health I- lndustrial/Manufacturing
SeaTac The purpose of this zone is to provide convenient daily retail Services Uses *CB - Conununicy k3usiness — additional development
and some personal services for a limited service area, and to standards
maintain or enhance the residential area that is served by the Kennel - Permitted Use
businesses.
Page 2 of' 4
Allowed in
City BN Comparable Zoning Districts Zones Kennels are Allowed
BN Type Zone
NC, Neighborhood Commercial District YES Supplemental Permitted Use Regulations:
Supplemental Permitted Use Indoor kennels, doggie day care facilities and kennels
The Neighborhood Commercial designation is intended to Regulations. associated with veterinarian clinics
provide a limited number of commercial goods and services
to surrounding residential neighborhoods. 6. Indoor kennels, doggie day C, Community Commercial district
care facilities and kennels RC, Regional Commercial district
associated with veterinarian MUC, Mixed Use Center district
clinics; provided, that; CMU, Corridor Mixed Use district
a. There are no outside runs
or areas;
Spokane b. The structure(s) housing
Valley animals is adequately
soundproof to meet the
requirements of Chapter 173-
060 WAC;
c. One parking stall provided
for every 10 animal
confinement areas; and
d. Compliance with noise
standards for a commercial
noise source as identified by
WAC 173-60-040 has been
demonstrated by the applicant,
Commercial Neighborhood Zone (CN): Animal and Related Uses;
37.a. General Requirements: Subject to requirements of
The purpose of the Commercial Neighborhood Zone (CN) is RMC 4-4-010, Standards for Animal Keeping Accessory to
Renton to provide for small-scale convenience retaiUcommercial NO ResidentiaVCommercial Uses. Additional animals require
areas offering incidental retail and service needs for the an Additional Animals Permit per RMC 4-9-1 U0.
adjacent area. Uses serving a larger area may be appropriate b. L Zone — Kennels: In the 1L Zone, when operations are
if they also serve the residents of the immediate area and are predominantly conducted out of doors rather than
Page 3 of' 4
Allowed in
City BN Comparable Zoning Districts Zones Kennels are Allowed
BN Type Zone
compatible with the scale and character of the neighborhood. completely enclosed within an enc(osed structure, an
This designation is the smallest and least intensive of the administrative conditional use permit is required.
City's commercial zones. c.IM Zone — Kennels: Within the area south of I-405 and
north of SW 16�' Street only indoor kerulels are permitted.
RC — Resource Conservation, Administrative Conditional
Use
IL — Light Industrial, Permitted Use
IM — Medium Industrial, Permitted Use
IH — Heavy Industrial, Pennitted Use
K:�201 1 Code Amendments�Kennels, Dog Day Caze, Pet Training�Planning Commission\05181 l Packet�Exhibit C-- Other Cities.doc
Page 4 of 4
BN Zoned Areas Q lstqve S& SW 330th St
O 21stAve. SW & SWCampus Drive
O SW 320th St & SW 323rd St
Q S 288th St & Military Rd S
� 1 sf Ave S& S 348th St / SW Campus Drive
� 21 � Ave SW & SW 356th St
� SW 320th St & 47th Ave SW
� SW Dash Point Rd & SW 312th St / 21 st Way S
� 1st Way S& S 338th St
� SW 340th St & Hoyt Road SW
� S 320th St & Military Rd
O SW3f2th St & 1stAve S
� S Dashpoint Road, West of Redondo Way S
Q SW 312th St & 8th Ave SW Ar with BN Zoning
� �Federal Way
0 0.5 1
� Miles
Map Date: February 22nd, 2006
Updated May 201 i
City of Federal Way
P.O.Box 9718
33325 8th Ave. S.
Federal Way, WA. 98063
253 835 7000
www.ciryoffederalway.com
City of Federal Way Areas with BN Zoning
19.215.040 Schools — Day care facilities, commercial -- Animal kennels or animal care facilities.
The followin uses shall be ermitted in the nei hborhood business (BN zone sub'ect to the re ulations and notes set forth in this section:
USE zONE CHART
z bIRECTIONS: FIRST, read down to find use ... THEN, across 1'or [ZEGULATIONS
� Minimums
h Re uired Yards
� o � ZONE
� a Dl\
W �� v � o � �v�
a a � " _ .^ °°
�. '� � C. y � � V Q„�G .
° �° SPECIAL REGULATIONS AND NUTES
USE �a a w v� u= �cn c�a
SCh001S SChOOIs: 7,200 SChools fot 50 ot 55 ft, 9boVe Determ(ned 1. Day care facili[ies must contain an outdoor play area witli at least 75 sq. ft. for each child using the area at any one time.
process III sq. ft. more attendees: average on a case-by- Tliis play area must be complerely enclosed by a solid fence or other screen ttt least six ft. in h�i6ht Pluy equipment and
Day CNe 50 ft. 50 ft. 50 ft. building Case basis structured play areas must be set back a[ least five ft. from each propeny line.
faCilitleS, Da CNe elevatlon fo� Z. Sehool, ar� dny eare faeili[ies_ animel kenuels, or aniival care f'acilities may iuclude oue a�crssory liviug facility.
Y Othel'WiSC: 3. Day care facilities and schools must comply with the requirements of tPre State Deparuneut ol' Sociul aud }iealth Services
commercial facilities, gyms if
20 f�. 20 R. 20 8. ar�d/or the Sta[e Superinteudeut of Public Instrucuou.
COtTlmefCial; IOC3[ed 100 4. All activities ertainiu ro schools, such as auro-re air or other uses• tLat ma iw act ad'aceui �iu �rties, must take lace �
Day care for 13 or P k P' Y p �' I P• P
Antm81 Anlmal mol'e attendees: ft. or mo(e withiu an enclosed building.
kentleiS o1' kennClS ot Yrom an 5 Animal kennels aud animal care facilities must be desiened so that the maeimum pennissibl� iwise levels from outdoor
20 ft. 20 ft. 20 ft. runs and other ooen areas com I with the rovisions ol' FWRC 7 10 OSb; �ud such uutdoor areas shall be screened from
animal care animal care adjacent �Y P
OtherWise: adjacent uroperties bv IU ft of Tvpe fIl landscapine. as detined bv Cha��er l9 125 FWRC or ��atcr bufl'er as required
facilities facilities : residential
20 8. 5 8. 10 ft, thereiii.
ProCeSS II of zOne 3 6, lf any ponion of'a svucture ou the subject propetty is located less than 100 ft. tiom an adjuceut residential zone, theu
wlth SEPA, that ponion of the strucmre shall not exceed 30 ft. above average building elevation and the su�ucrure shall be set back a
Process Ill Outdoor uses for 35 ft. above minimum of 20 ft. from the properry line of the residential zone.
animals, such as average 6 7. For schools, with the exception of gyms, the height of a swcture may exceed 35 ft. above aver�ge building elevauon to
onen-air kennels. building a maximum of 40 ft., if all of the following criteria are met:
rUns, t[aitting VardS, eleVdUOn fo[ a, The structure is locared ]00 ft. or more from an adjacent resideutial zone.
or show faCilities, all other b. The additional height is necessary [o accommodate the particular use conducted in the building; aud,
shall be set back 20 StruCtUres c. Each required yard abutting the structure is increased five ft. for each one ft. the struc[we exceeds 35 fr, above average
ft, from anv propertv building elevation; and
line d. The increased height is consistent with goals and policies for die area of the subject propertq as established by the
— See notes 3 6 comprehensive plan.
—� 8 � 8. For schools, including gyms, an increase in height above 35 ft. shall not block views designated by the comprehensive
See notes 5, 6 and pian.
d$1 1 8 9, No maximum lot coverage is established. L�stead, the buildable area wil] be decermined by other site development
requiremen[s, i.e., required buffers, parking lot landscaping, surface wa[er facilities, etc.
4 j0. For wmmunity design guidelines that apply to [he project, see Chapter 19.115 FWRC.
19 1 I, For landscaping requirements Ihat apply to the project, see Chapter 19.125 FWRC,
� J2. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
� 13. Refer to Chapter 19.265 FWRC to determine what other provisions of this tide may apply to the subject property.
-13 14. Site desigq including the location of parking and passenger loading areas shall be desigued to reduce impacts on
nearby residential areas.
Process I, II, III and IV are described in For otlier infonnation about parking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Cha ter 19.70 FWRC respectively. For details regazding required yards, see FWRC 19.125.160 et seq.
'
_.�;�
��
K:�2011 Code Amendmenu�ICennels, bog Day Care, Pet Training�Planning Commission\OS 1811 Packet�Ex E Schools, Day Care, Kennels.doc
.,� 31� } �
�ti�� ' __
�'ederal Way Revised Code
Title 19, Zoning and Development Code
Chapter 19A�, Zoning and Development in General
19.0�.010 A defi�itions.
.........................�--
"Animal care facility" — See definition of "Animal kennel."
"Animal kennel" means any structure or premises in which animals are boarded (includin�y
care) or bred for a fee or compensation. Animal kennels mav also offer og�omin� trainin sales
of ancillary items, and related activities.
K:120 t i Code Amendmenu�Kennels, Dog Day Care, Pet Training�Planning Commission1451811 Packet�EX F 042711 Definitions.doc
`�` - �
Federal Way Revised Code
Title 7, Public Nuisances
Chapter 7.10, Noise
7.10.050 Maximum environmental noise levels.
(1) State standard adopted. The city adopts by reference the maximum environmental
noise levels established pursuant to the Noise Control Act of 1974, Chapter 70.107 RCW.
See Chapter 173-60 WAC.
(2) Watercra, ft noise performance standards. The city adopts by reference the
watercraft noise performance standards established pursuant to the Noise Control Act of
1974, Chapter 70.107 RCW. See Chapter 173-70 WAC.
(Ord. No. 90-43, § 2(115.95(1)), 2-27-90. Code 2001 § 22-956.)
K:12011 Code Amendments�Keanels, Dog Day Care, Pet Training�Planning Commission\051811 Packet�Ex G Chapter 7.doc
19.220.040 Schools — Day care facilities, commercial — Animal kennels.
The followin uses shall be ermitted in the communi business (BC) zone subject to the re ulations and notes set forth in this section:
USE ZONE CHART
z DIRECT(ONS: FIRST, read down to find use .., THEN, across T'or REGULATIONS
� Minimums
� F Re uired Yazds
a � ZONE
� Q BC
z °� 3 � � �_` � �
'�... o � � �" �.x
V] U � .
USE a� • � N � x� a a SPECIAL REGULATIONS AND NOTES
Schools; Process None 20 ft. 0 ft. 0 R. 55 ft. Determined on 1. Building height may not exceed 30 ft. AABE when located within 100 ft, of a residential zone.
business, II or Except 20 above a case•bycase 2. Except for gyms, if approved by the director of community development services, the height oT a structure may exceed 35 ft. above
vocational, wjth ft. along everage basis average buitding elevation (AP.BE), to a maximum of 55 ft. AABE, if all of the f'ollowing criteria ure mer. (a) The additional height is
or trade � residential building necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, and/or all ground floor
schools Pr,, ocess zones elevation spaces have a minimum floor-to-ceiling height of 13 ft. and a minimum depth of 15 fr.; (b) Height complies with note 1; (c) Height
III (AABE) over 35 R. is set back from non-residential zones by one ft. for each one ft. of height over 35 ft.; and (d) Roof lines are designed to
Day care Outdoor uses for for gyms if avoid a predominandy flat and featureless appearance through variations in roof height, forms, angies, and materials.
animals, such as
facilities, located 3. For any structure, including gyms, an increase in height above 35 ft. shall not block views design�ted by che comprehensive plv�.
commercial open-air kennels, 100 ft. or 4. Day care facitities must contain an outdoor play area with at least 75 sq. ft. for each child using the area at any one time. This play
runs, training more from area must be completely enclosed by a solid fence or other screen at least six ft. in height. Play equipment and svuctured play areas
�� yards, or show an adjacent must be set back at least five ft. from each property line.
kennels or facilities, shall be residential 5. Day care facilities, animal kennels, or and animal care facilities may include accessory living facilities as defined by FWRC
set back 20 ft.
animal care from any property Z°°e 19.05.010.
facilities 11Re 6. Day care facilities and schools must comply with the requirements of the State Department of Socinl and Health Services and/or the
35 ft. State Superintendent of Public Instruction.
See notes 2, 4, 8, above 7. All activities pertaining to schools, business or vocational schools, or trade schools, such as autu-repair or other uses that may
and 11 average impact adjacent properties, must take place within an enclosed building.
building 8. Animal kennels and animal care facilities must be designed so that
elevation
(AABE), the maximum permissible noise Ievels from outdoor runs and other open areas complv with the
to 55 ft. provisions of FWRC 7.10.050. and such outdoor areas shall be screened from adjacent properties by 10 ft. of Type (II landscaping, as
AABE, for defined by Chapter 19.125 FWRC, or greater buffer as required therein.
all other 9. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requiremen[s,
structures i.e., required buffers, pazking lot landscaping, surface water facilities, etc.
10. For community design guidelines that apply to the project, see Chapter 19.115 FWRC.
See notes 1 11. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC.
— 3 12. For sign requirements that appiy to the project, see Chapter 19.140 FWRC.
13. Refer to Chapter 19,265 FWRC to determine what other provisions of this tide may apply to thc subject property.
14. Site design, inciuding the location of parking and passenger loading areas shall be designed to reduce impacts on nearby
residential areas. �
Process 1, II, lII and IV are described in For other infortnation about parking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. i
Cha ter 19.90 FWRC res ctively. For details regarding required yards, see FWRC 19.125.160 et seq.
I�a�r
K:�201 I Code Amendmenta�ICennels, Dog bey Care, Pet Training�Planning Commission\OS IB I I Packet�Ex H BC 19-220-040 Schools, Dxy Care, Mimal Kennels.DOC
19.240.100 Business, vocational, trade schools — Day care facilities, commercial — Animal kennels.
The followin uses shall be ermitted in the commerciat enter rise CE zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CHART
z DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
� Minimums
� y Re uired Yards �,
a � � ZONE
�
" " CE
w � G' y ro � o � ,o �n
GK =, 3 � v � � � �
•�,; � ` � � .� � � ��.
USE rx a� a r.�, v, rx ��� rx � SPECIAL REGULATIONS AND NOTES
Business Process II None 20 ft. See note 40 ft. Determined 1. Minimum side and rear yards shall be 20 ft. along residential zones and ] 0 ft. along all other zones,
schools, or with 1 above on a case- 2. If approved by the director of community development services, the height of a structure may exceed 40 ft. above average
vocational SEPA, Outdoor use average by-case building elevation (AABE), to a maximum of 55 ft. AABE, if all of the following criteria are met (a) The increased height is
schools, trade Process areas for building basis necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, and/or all
schools III anima►s, such as elevation ground tloor spaces have a minimum floor-to-ceiling height of 13 ft. and a minimum depth of' 15 fi.; (b) Height complies with
open-air (AABE), note 3; (c) Height over 40 ft. is set back from non-residential zones by one additional ft, for each one ft. of height over 40 ft.;
Day care kennels, runs, to 55 ft. and (d) Roof lines are designed to avoid a predominantly flat and featureless appearance through variations in roof height,
facilities, training yazds, or AABE forms, angles, and materials,
commercial show facilities, 3. Building height may not exceed 30 ft. AABE when located within 100 ft. of a residential zone.
shall be set back See notes 4. Any activities operated by business, vocational, or trade schoois, that may impact adjacent properties, such as auto repair or
Animal kennels, 20 ft. from any 2 and 3 painting, must take place within an enclosed building.
animal care property line 5. Day caze facilities must contain an outdoor play area with at least �5 sq. ft, for each child using the area at any one time. This
facilities play area must be completely enciosed by a solid fence or other approved screen at least six ft. in height. Play equipment and
See notes 8 and structured play areas may not be located in a required yard.
13 6. Day care facilities must comply with all applicable state and outside agency licensing, certitications, or other applicable
requirements,
7. Day care facilities, animal kenneis, or ar� animal care facilities may include accessory living faciliues as detined by PWRC
19.05.010.
8. Animal kennels and animal care facilities must be designed so that
- .
; the maximum permissible noise levels from outdoor runs and other ooen areas com� with
the provisions of FWRC 7.10.050. and such outdoor areas shall be screened from adjacent properties by 10 ft. ofType 1[I
landscaping, as defined by Chapter 19.125 FWRC, or greater buffer as required therein.
9. Site design, including the location of parking and passenger loading areas shall be designed to reduce impacts on nearby
residential areas.
10. No maximum lot coverage applies. Instead, the buildable area will be determined by other site development regulations, i.e.,
required yards, landscaping, surface water facilities, etc.
11. For regulations pertaining to outdoor use, activity and storage, refer to FWRC 19.125.17U.
12. For community design guidelines that apply to the project, see Chapter 19.115 FWRC.
13. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC.
14. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
15. For other rovisions of this cha ter that ma a I to the sub'ect ro e, see Cha ter 19265 FWRC.
Process I, II, IlI and IV aze described in
Chapter 19.55 FWRC, For other information about parking and parking areas, see Chapter 19.130 FWRC.
Chapcer t9.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapcer 19.65 FWRC, For details regarding required yards, see FWRC 19.125. l60 et seq.
Chapter 19.70 FWRC respectively.
�
K:�2011 Code Amendments�ICennels, Dog Day Caze, Pet Training�Planning Commission\OS 1811 Packet�Ex 1 19-240-] 00 Schools, Day Care, Kennels.DOC
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�
CITY OF
Federal Way
pATE: May 11, 201 I
TO: Merle Pfeifer, Chair Members of the Federal Way Planning Commission
FROM: Janet Shutl, AICP, CSBA, LEED Green Associate
SUB.IEC1': Citywide Bicycle and Pedestrian Master Plan Status Report
MEETING DATE: May 18, 2011
On May 18, 2011, staffwill provide you with an update on the Citywide Bicycle Pedestrian Master Plan. At
your Apri120�` meeting, you were briefed on the Cities Putting Prevention to Work, (CPPV� Grant work
program and some of its work products, including the Twin Lakes Subarea Plan and Complete Streets policy.
Another large component of the CPPW work program is the preparation of a Citywide Bicycle and Pedestrian
Master Plan.
The citywide bicycle and pedestrian master plan will replace the current non-motorized section of the
comprehensive plan transportation element. The non-motorized section of the transportation element was last
updated in 1994.
An advisory committee was formed to help guide the development of the bicycle and pedestrian master plan and
has met three times to date. We are also gathering citizen input through an on-tine survey and will be hosting
open-house meetings in June to learn more about where Federal Way citizens would like to bike and walk.
On May 18'�, staff will provide an overall summary of work to date on the bicycle and pedestrian master plan,
summarize survey results to date, and discuss upcoming workshops.
A(1 Planning Commissioners are invited to participate in the ne�ct advisory committee meeting to be held on
May 23`� at 7:00 p.m. in City Hall. We will be conducting a`hands-on workshop" style meeting where we will
map out desired biking and walking routes and facility types. We will conduct similar activiries at the
community-wide meetings within a more traditional open house format.
K:\CPPW Grant�Pedastrian �d Bicycle Master Plan�051811memo.doc
CITY OF FEDERAL WAY
PLANNING COMMISSION
May 18, 2011 City Hai(
7_00 p.m. Council Chambers
MEETING MINUTES
Commissioners present: Mer(e Pfeifer, Hope E(der, Wayne Carlson, Tom Medhurst, Lawson Bronson,
Tim O'Neil, and Sarady Long. Commissioners absent: None. Staff present: Planning Manager Isaac
Conlen, Principal Planner Margaret Clark, Senior Planner Janet Shull, Assistant City Attorney Peter
Beckwith, and Administrative Assistant Tina Piery.
CALL TO ORDER
Chair Pfeifer called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
The minutes of Apri120, 201 l, were approved as presented.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
Mr. Conlen announced the next Planning Commission meeting will be June 15` which will be a public
hearing on a citizen requested changes to the Office Park (OP) zone.
COMMISSION BUS[NESS
PUBLIC HEARING — Proposed Amendments Related to Allowing Animal Kennels and Animal Care
Facilities in the Neighborhood Business (Bl� Zone
Ms. Clark delivered the staff report. This is a request from a citizen (Jon Moore) to allow animal kennels,
dog day care, and pet training in the Neighborhood Business (BN) zone. The proposed amendments
include reguiations that are intended to mitigate any adverse impacts associated with outdoor uses for
animals and noise. The proposed amendments also include a definition for animal kennel.
Commissioner O'Neil asked staff to explain how the noise regulations work. Ms. Clark responded the
regulations are set by the state and it is her understanding they are based on measuring from where the
noise originated to where it ends. A chart is used showing acceptable dBa (decimal levels) for certain
zones. The length of time the noise continues is also taken into account. At night, the dBa limitation is
reduced by i0. Commissioner Bronson was able to add to the explanation. The meter measures at the
receiving end of the noise. Noise is dissipated by the square root of the distance. If you are ten feet away
it is one number, if you are 20 feet away it is one-fourth of that. This is done on a log scale. Dropping dBa
by 10, halves the sound level.
Commissioner Carlson asked if the noise regulations would pertain only to outdoor dog runs. He is
concerned that some businesses that only have animals inside will still be too noisy. Commissioner
Medhurst expressed concern about night time noise. Do other jurisdictions have time limits for outside
runs? Commissioner O'Neil expressed concern over the number of animals. What about the noise if they
have 50 to 60 animals? Ms. Clark responded that other jurisdictions do not have time limits. She went on
to state that all businesses must comp(y with the city noise ordinance, which uses the same language as
K:1Planning Commission�201 IVNeeting Summary OS-t8-1 l.doc
Planning Commission Minutes Page 2 May 18, 2011
the state's noise regulations. There are some dog kennets in other zones of the city and the city has not
received any noise complaints about them.
Jon Moore — He is the owner of a grooming facility. He stated that dog day-care and dog kennel
are two different things. Some dog day-cares will have an outdoor component. Generally, the
animals are brought in at night. The business and animal owners do not want the animals left in
an uncontrolled situation. If animals are left out at night, the night-time staff wii( calm the
animals if they act-up and make a lot of noise. His business (and none of the others he is in
contact with) has not received any noise complaints. He suggested the proposed amendments
separate out breeding kennels. A breeding kennel may have up to 50 dogs and many unneutered
maies. They are very noisy and are not suited for the BN zone.
Commissioner Bronson agreed that the breeding language should be removed from the amendments.
Chair Pfeiffer noted that the city has not received any complaints about veterinary offices and they have
many animals.
Commissioner Carlson moved (and it was secondec� to adopt the proposed amendments with a change to
the BN zone notes that breeding kennels are prohibited. The motion passed unanimous(y. The public
hearing was closed
STUDY SESSION — Bicycle and Pedestrian Master Plan
Ms. Shull delivered the staff presentation. The citywide Bicycle and Pedestrian Master Plan is a
component of the Cities Putting Prevention to Work (CPPW) grant. The overal( goals are to:
• Make it easier for citizens to choose active transportation;
• Replace the existing non-motorized section of the comprehensive plan;
• Improve overall connectivity of neighborhoods with commercial centers and recreation areas;
• Improve connectivity of Federal Way with the regional bike and trail systecn; and
• Address areas where fewer citizens have access to cars and have fewer dollars to spend on
transportation and higher rates of health issues.
As stated above, the plan will replace the current non-motorized section of the Federal Way Comprehensive
Plan transportation chapter. This section was last updated in 1998. An advisory committee was formed to
help guide development of the plan. So far they have met three times. Their next meeting is May 23, 2011.
The Commissioners are invited to attend. Staff is also gathering citizen input from an on-line survey and
open-house meetings to be held in June. The city does have a number of biking routes, but they are
disconnected. To date, the city has received approximately 50 responses to the on-line survey. The results
show that those walking and biking mainly do so for exercise. Walkers and bikers are discouraged by traffic
volume/noise and safety concerns, with bikers also discouraged by the lack of bike routes and facilities.
Emerging themes include: improved overall network for biking and walking; integation with the regional
system; supporting an active community; improved safety; and education.
ADDITIONAL BUSINESS
None
ADJOURN
The meeting was adjourned at 7:55 p.m.
K:Wlanning Commission�2011Vvte�ing Summary OS-18-11.doc
F
COUNCIL MEETING DATE: S�t�e�-�r,�l � ITEM # � _
�e�+e�m be 20,�0_�_� . .......... .......... . ..............--...__ ...._.. - ._ . _......___. _
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SusdEC'r: Accessory uses, seating capacity of restaurants, and convention centers in the Office Park Zone
POLICY QUESTION Should the City amend the Federal Way Revised Cocle (FWRC) related to accessory uses, maximum
seating capacity for restaurants, and convention centers in the Office Park (OP) zone?
CoM1vt1'r'1'EE: Land Use/Transportation Committee
CATEGORY:
❑ Consent
� Ordinance
❑ City Council Business ❑ Resolution
ST�'F REPORT BY: Principal Planner Margaret H. Clark, AICP
MEETING DATE July 18 , 2011
❑ Public Hearing
❑ Other
DEP'[': Community and Economic
Background: The FWRC requires the City to accept applications for code amendments on an annual basis. In September 2010,
the City received a request from Roger Hazzard to amend the FWRC to increase the percentage of gross office floor that can be
used for accessory warehouse use from no more than 20 percent to no more than 50 percent. This request was presented to the
Land Use/Transportation Committee (LUTC) and City Council on March 7, 2011, and April 5, 2011 respectively, and was
selected to be part of the 2011 Planning Commission Work Program. As part of this code amendment, staff is recommending that
types of accessory uses not be limited in the Office Park zone but instead be treated consistently with the FWRC defuution of
"accessory use." Staff is also proposing to remove the 50-person maximum seating capacity for restaurants and to allow
convention centers as a principal use as opposed to an accessory use.
AttachmPnts: 1) Draft Adoption Ordinance; 2) Staff Report to the Planning Commission with Exhibits A-K; 4) Draft Minutes
of the June 15, 2011, Planning Commission Public Hearing.
Options Considered: 1) Adopt the Mayor's recommendation as shown in the Draft Adoption Ordinance; 2) Adopt the Mayor's
recommendation as further amended by the LUTC; 3) Do not adopt the Mayor's_recommendation .
MAYOR'S RECOMMENDATION The Mayor recommends adoption of the proposed amendments as written in the Draft
Adoption Ordinance. ; - �
MAYOR APPROVAL:
Council
DIRECTOR APPROVAL:
COMMITTEE RECOMMENDATION Committee forwarded Option, 2, amending the ordinance to approve only
FWRC, 19.235A20 "Entertainment — Commercial recreation, omitting the text, "with seating capacity for no more than
50 persons." Code Amendments for Accessory Uses and Convention Centers in the Office Park Zone were tabled.
Chair
COUNC[L MOT[ON(S):
1 READING OF ORDINANCE (September
2011, Council Meeting for adoption.
Member
2011): I move to forward approval of the ordinance to the September 20,
2 READ[NG OF ORDINANCE (September 20 2011): "I move approval of the proposed orclinc�nce. °
(BELOW TO BE COMPLETED BY ClTY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading � �Q' ��
❑,� TABLED/DEFERRED/NO ACT[ON Enactment reading
�, MOVED TO SECOND READING (ordinances only) ORDINANCE #
R EVISED — 08/12/2010 RESOLUTION #
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to seating capacity of restaurants in the Office Park Zone; amending
FWRC 19.235.020. (Amending Ordinance Nos. 90-43, 93-170, 96-270,
and 97-291,)
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way
Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law,
codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve
the efficiency of the regulations and the development review process; and
WHEREAS, this ordinance, containing amendments to development regulations and the text of Title
19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 1935
FWRC; and
WHEREAS, it is in the public interest far the City Council to amend the FWRC related to maximum
seating capacity for restaurants in the Office Park Zone within the City of Federal Way; and
WHEREAS, removing the 50-person maximum seating capacity for restaurants should result in a
mare responsive environment to market conditions, and;
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the
Proposal on May 28, 2011, and no comments or appeals were received and the DNS was finalized on
June 27, 2011; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code
amendments on June 15, 2011, and forwarded a recommendation of approval to the Land Use
Transportation Committee; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered
these code amendments on July 18, 2011, and recommended adoption of the text amendments as
recommended by the Planning Commission.
Ordinance No. / 1- Page I of S
Rev I/10 LU
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Findin�s. The City Council of the City of Federal Way makes the following findings with
respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the City and will benefit the
City as a whole because they would delete a maximum 50-person seating capacity for restaurants in the
Office Park Zone, which should result in the number of seats being responsive to the market rather than
being artificially capped.
(b) These code amendments comply with Chapter 36JOA RCW, Growth Management.
(c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will
implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan
(FWCP).
(d) These code amendments bear a substantial relationship to, and will protect and not adversely
affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the FWRC.
Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon
the recitals and 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 proposed
amendments:
(a) The proposed FWRC amendments are consistent with, and substantially implement, the following
FWCP goals ad policies:
LUP6 Conduct regular reviews of development regulations to determine how to
improve upon the permit review process.
EDG6 The City will encourage and suppart existing businesses to remain and/or expand
their facilities within Federal Way.
Ordinance No. 11- Page 2 of 5
Rev 1/10 LU
EDP10 The City will work with the private sector to actively encourage the retention and
expansion of existing businesses, as well as bring in new development,
businesses, and jobs to the community.
EDP18 The City will periodically monitor local and regional trends to be able to adjust
plans, policies, and programs.
(b)The proposed FWRC amendments should further the public welfare by removing an
arbitrary limitation on seating capacity and leaving the decision on the size of individual restaurants up to
the needs of the surrounding commercial development.
(c) The proposed amendments are in the best interest of the public and the residents of the City of
Federal � Way because they will provide flexibility in the seating capacity of restaurants, thus,
encouraging economic development and reducing the vacancy rate in this zone.
Ordinance No. ll - Page 3 of 5
Rev 7/10 LU
Section 3. FWRC, 19.235.020 "Entertainment — Commercial recreation," is hereby amended to read as follows:
19.235.020 Entertainment — Commercial recreation.
�he following uses shall be permitted in the office ark (OP) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to tind use ... THEN, across for REGULATIONS
� Minimums
� Required Yards �
� o ; ZONE
¢ OP Q -o a � �- a� � �
.a � a� ro o • y �
„`� 3 .N v � s.
'= v f , � � '� .�
U � ' ° '° `� bp � °� ` SPECIAL REGULATIONS AND NOTES
r� � � o � � � � ro
USE cC � x .a u: v� x x v� x a
Restaurant Process II None 25 ft. 20 ft. 20 ft. 35 ft. above Restaurant: 1. If approved through process III, the height of a structure may exceed 35 ft. above average building elevation to
"�'��=s 35 ft. 20 ft. 20 ft. average 1 for every a maximum of 55 ft., if all of the following criteria are met:
ca�ae�Ey-fe� Possible See 50 ft. 20 ft. 20 ft. building 100 sq. ft. a. The additional height is necessaiy to accommodate the particular use conducted in tl�e building; and
�n„° "�°� Process notes 3 See notes 2, 7 and 8 elevation gross floor b. The subjecY property does not adjoin a residential zone; and
�9-pe�ser�s III and 5 area c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft.
See notes 1 above average building elevation; and
Commercial and 4 Recreation: d. The increased height will not block views designated by the comprehensive plan; and
recreation Determined e. The increased height is consistent with goals and policies for the area of the subject property as established
facility on a case-by- by the comprehensive plan.
case basis 2. Front yard setback: 25 ft. if entry is visible from R.O.W. and front facade is 15% glass; 35 ft. if landscape buffer
and stormwater facilities are located in the front yard; or 50 ft. if parking and driving areas are located in front
yard.
3. The subject property must be designed so that any truck parking, loading and maneuvering areas; areas where
noise generating outdoor uses and activities may occur; and vents and similar features are located as far as possible
from any residential zone.
4. If any porCion of a structure on the subjectproperty is within 100 ft. of a residential zone, then that portion of the
structure shall noY exceed 30 ft. above average building elevation.
5. No ma�mum lot coverage is established. Instead, the buildable area will be determined by other site
development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc.
6. For community design guidelines that apply to the project, see Chapter 19.115 FWRC.
7. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC.
8. For sign requiremenYS that apply to the project, see Chapter 19.140 FWRC.
9. Refer Yo Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject
property.
Process I, II, III aud IV are descnbed in Por other information about parking aud parkino areas, see Chapter 19.130 FW RC.
Chapter 19.55 FWRC,
Chapter 19.G0 FWRC,
Chapter 19.65 FWRC, For details of wl�at may exceed tliis heiglit limit, see FW RC 19.110.050 et seq.
Chapter 19.70 FWRC respectively. For details reaardino required yards, see FWRC 19.125.160 et seq.
Ordinance No. 11- Page 4 of 5
Rev V l0 LU
ection 4. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 7. Effective Date. This ordinance shall be effective five (5) days after passage and publication
as provided by law.
PASSED by the City Council of the City of Federal Way this day of
20
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 11- Page 5 of 5
Rev I/IOLU
City of Federal Way
PLANNING COMMISSION
June 1 S, 2011
7 :00 p.m.
City Hall
Council Chambers
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
May 18, 2011
4. AUDIENCE COMMENT
5. ADMINISTRATNE REPORT
6. COMMISSION BUSiNESS
• PUBLIC HEARING
Proposed Amendments Related to Restaurants, Accessory Uses, and
Convention Centers in the Office Park (OP) Zone
7. ADDITIONAL BUSINESS
8. ADJOURN
Commissioners City Staff
Merle Pfeifer, Chair Hope Elder, Yice-Chair Patrick Doherty, Director of Community & Economic Development
Lawson Bronson Wayne Carlson Margaret Clark, Principal Planner
Tom Medhurst Sarady Long E. Tina Piety, Administrative Assistant
Tim O'Neil 253-835-2601
tvww. c ityo fTederahvav. com
K=�Planning Commission�20I11Agenda 06-I S-I l.doc
CITY OF FEDERAL WAY
PLANNING COMMISSION
May 18, 2011 City Hall
7•00 p m Council Chambers
MEETING MINUTES
Commissioners present: Merle Pfeifer, E{ope Elder, Wayne Carlson, Tom Medhurst, Lawson Bronson,
Tim O'Neil, and Sarady Long. Commissioners absent: None. Staff present: Pianning Manager Isaac
Conlen, Principal Planner Margaret Clark, Senior Planner Janet Shull, Assistant City Attorney Peter
Beckwith, and Administrative Assistant Tina Piety.
CALL TO ORDER
Chair Pfeifer called the meeting to order at 7:00 p.m.
APPROVAL OF M[NUTES
The minutes of Apri120, 2011, were approved as presented.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
Mr. Conlen announced the next Planning Commission meeting will be June 15` which will be a public
hearing on a citizen requested changes to the Office Park (OP) zone.
COMMISSION BiJSINESS
PUBLiC HEARING — Proposed Amendments Retated to Allowing Animal Kennels and Animal Care
Facilities in the Neighborhood Business (Bl� Zone
Ms. Clark delivered the staff report. This is a request from a citizen (Jon Moore) to allow animal kennels,
dog day care, and pet training in the Neighborhood Business (BN) zone. The proposed amendments
include regulations that are intended to mitigate any adverse impacts associated with outdoor uses for
animals and noise. The proposed amendments also inc(ude a definition for animal kennel.
Commissioner O'Neil asked staff to explain how the noise regulations work. Ms. Clark responded the
regulations are set by the state and it is her understanding they are based on measuring from where the
noise originated to where it ends. A chart is used showing acceptabie dBa (decimal levels) for certain
zones. The length of time the noise continues is also taken into account. At night, the dBa limitation is
reduced by 10. Commissioner Bronson was able to add to the explanation. The meter measures at the
receiving end of the noise. Noise is dissipated by the square root of the distance. If you are ten feet away
it is one number, if you are 20 feet away it is one-fourth of that. This is done on a log scale. Dropping dBa
by 10, halves the sound level.
Commissioner Carlson asked if the noise regulations would pertain only to outdoor dog runs. He is
concerned that some businesses that only have animals inside will stiil be too noisy. Commissioner
Medhurst expressed concern about night time noise. Do other jurisdictions have time limits for outside
runs? Commissioner O'Neil expressed concern over the number of animais. What about the noise if they
have 50 to 60 animals? Ms. Clark responded that other jurisdictions do not have time limits. She went on
to state that all businesses must compiy with the city noise ordinance, which uses the same tanguage as
K:�Planning Commission120 t l�tvfeeting Summary OS-18-1 l.doc
Pianning Commission Minutes Page 2 May 18, 2011
the state's noise regulations. There are some dog kennels in other zones of the city and the city has not
received any noise complaints about them.
Jon Moore — He is the owner of a grooming facility. He stated that dog day-care and dog kennel
are two different things. Some dog day-cares will have an outdoor component. Generatly, the
animals are brought in at night. The business and animal owners do not want the animals left in
an uncontrol(ed situation. If animals are left out at night, the night-time staff will calm the
animals if they act-up and make a lot of noise. His business (and none of the others he is in
contact with) has not received any noise comptaints. He suggested the proposed amendments
separate out breeding kennels. A breeding kennel may have up to 50 dogs and many unneutered
males. They are very noisy and are not suited for the BN zone.
Commissioner Bronson agreed that the breeding language should be removed from the amendments.
Chair Pfeiffer noted that the city has not received any complaints about veterinary offices and they have
many animals.
Commissioner Carlson moved (and it was secondec� to adopt the proposed amendments with a change to
the BN zone notes that breeding kennels are prohibited. The motion passed unanimously. The public
hearing was closed
STUDY SESSION — Bicycle and Pedestrian Master Plan
Ms. Shull delivered the staff presentation. The citywide Bicyc(e and Pedestrian Master Plan is a
component of the Cities Putting Prevention to Work (CPPW) grant. The overall goals are to:
• Make it easier for citizens to choose active transportation;
• Replace the existing non-motorized section of the comprehensive plan;
• Improve overall connectivity of neighborhoods with commercial centers and recreation areas;
• Improve connectivity of Federai Way with the regional bike and trail system; and
• Address areas where fewer citizens have access to cars and have fewer dollars to spend on
transportation and higher rates of health issues.
As stated above, the plan will replace the current non-motorized section of the Federal Way Comprehensive
Plan transportation chapter. This section was last updated in 1994. An advisory committee was formed to
help guide development of the plan. So far they have met three times. Their next meeting is May 23, 2011.
The Commissioners are invited to attend. Staff is also gathering citizen input from an on-line survey and
open-house meetings to be held in June. The city does have a number of biking routes, but they are
disconnected. To date, the city has received approximately 50 responses to the on-line survey. The results
show that those walking and biking mainly do so for exercise. Walkers and bikers are discouraged by traffic
volume/noise and safety concerns, with bikers also discouraged by the lack of bike routes and facilities.
Emerging themes include: improved overall network for biking and walking; integration with the regional
system; supporting an active community; improved safety; and education.
ADDITIONAL BUSINESS
None
ADJOURN
The meeting was adjourned at 7:55 p.m.
K:�Planning Commission�201 IVvteeting Summary OS-l8-1 l.doc
`
CITY OF �
Federal Way
STAFF REPORT TO THE PLANNING COMMISSIOi�I
Amendments to Federal Way Revised Code Related to
Restaurants, Accessory Uses, and Convention Centers in the
Office Park (OP) Zone
File No's: 10-104120-00-UP & 11-102056-00-SE
Public Hearing of June 15, 2011
I. REASON FOR AMENDMENTS
The Federal Way Revised Code (FWRC) requires the City to accept applications for code
amendments on an annual basis. In September 2010, the City received a request from Roger
Hazzard to amend FWRC 19.235.010 to increase the percentage of gross floor that can be used
for accessory warehouse use from no more than 20 percent to no more than 50 percent. This
request was presented to the Land Use/Transportation Committee (LUTC) and City Council on
March 7, 201 l, and Apri15, 2011 respectively, and was selected to be part of the 2011 Planning
Commission Work Program. Staff is also proposing changes to FWRC 19235.030 that addresses
accessory warehouse uses to make the language consistent with EWRC 19.235.010. In addition,
staff is proposing other amendments related to the seating capacity of restaurants {FWRC
19.235.020) and to allow convention centers as a stand alone use as opposed to an accessory use
(FWRC 19.235.030).
II. BACKGROUPID AND ANALYSIS
A. Accessory LTses
(i) Existing code language related to accessory warehouse uses.
The FWRC allows accessory warehouses in the Office Park (OP) zone (Exhibit A,
FWRC 19.235.010 Office/retail, and Exhibit B, FWRC 19.235.030 Limited
Commercial), based on the foilowing language:
FWRC 19.235.010 — Existing code language states that Office Use may include
accessory uses such as warehouse, retail sales, or service facilities, and assembly of
prepared materials; which facilities and assembly areas utilize no more than 20 percent
of the gross floor area (Exhibit A).
FWRC 19.235.030 — Existing code language allows warehouse use only as an
accessory use to the primary use on the subject property if it occupies no more than
50 percent of the combined gross floor area of all uses (E�ibit B)_
(ii) FWRC definition of accessory use.
FWRC 19.0�.010 detines an accessory use as a use which is subordinate and incidental in
size, scale, desi�n, or purpose to the principa( use or structure on th� subject property, and
supports the principal use or structure without displacing or dominatin� it. FWRC
19.26�.010 turther expands otl thi� detinition �tatin� that an �ccessory use is a perrnittecl
use which is clearly secondary to the pennitted principal use, building, or structure, and that
both the totai gross floor area and footprint of the accessory use must be less than the totat
gross floor area and footprint of the principal use on the subject property, respectively.
In addition, the direckor of economic and community development is authorized to
determine if a particular accessory use, building, or structure is normally associated with,
clearly secondary to, and actually accessory to the particular permitted principal use,
building, or structure.
(iii) Rationale for proposed change.
As of June 2010, the City of Federal Way had approximately 790,000 square feet of vacant
office space (Elchibit C) out of a total of approximately three million square feet.` At 26
percent office vacancy, Federal Way has one of the highest office vacancy rates in the
region. Mr. Hazzard, a long-time commercial real estate broker, who submitted the request
for a zoning code amendment to increase the percentage of accessory warehouse in the OP
zone states that he has received requests from smaller companies wishing to locate in
Federal Way. These companies would like to combine their office and warehouse needs;
however, they are having difficulty finding buildings to suit their need because existing
inventory of buildings within the Commercial Enterprise {CE) zone which allows
warehouses as an outright permitted use are too large to accommodate their need (Exhibit
D).
Calling out specific accessory uses appears to be too strict because an accessory use may
change over time. For exampie, today a child care facility may be considered an
accessory use to an office or industrial building, where this may not have been tl�e case in
the past. In addition, the existing FWRC definition of "accessory use" adequately
addresses the intent. Furthermore, a recent trend in regulating (and use has been a
departure from the conventional zoning focus of segregating land uses towards using
physical form as the organizing principle. This means that a use would be allowed in a
particular zoning district if does not detract from the character of the zone and does not
have any adverse impacts on adjacent uses.
As a result, staff recommends allowing accessory uses based on the following conditions
(proposed new language shown as underlined) Please refer to Exhibits E and F for the
full text of the proposed code amendments):
• The placement, orientation, desi�n, and other site design and architectural features of
the proposed building and site plan demonstrate that this use will not detract from the
principal character of the subject property as an office park.
�Source: officespace.com
Staff Report to the P(anning Commission Page 2 of 7
Restaurants, Accessory Uses, and Convention Centers in the OP Zone File #1 0-1 04 1 20-00-UP
• The exterior appearance of that portion of the buitdin� housin� the accessor�ses
will be comparable to the exterior appearance of other buildings on the subject
pro�ert�
• The subject property must be designed 5o that any truck parkin�, (oadin� and
maneu��ering areas; areas where noise generatinQ outdoor uses and activities may
occur, aud vents arid similar features �re located as far as possible fi any
residential zone.
• May not conduct any activity or use on the subject property that involves the release
of toxic or noxious gases, fumes or odors.
B. Seating Capacity of Restaurants
(i) Existing eode lc�nguage related to restaurc�nts.
Existing code language in FWRC 19.235.020 allows restaurants as an outright permitted
use, but limits seating capacity to no more than �0 persons (Exhibit G).
(ii) Research fi-om other cities.
As part of the background research, staff reviewed ordinances from the cities of Kent,
Auburn, Tukwila, Burien, Des Moines, Sea-Tac, Spokane Valley, and Renton to determine
if restaurants were altowed in similarly zoned OP zones (Exhibit H). Restaurants were
permitted outright in Auburn, Tukwila, Des Moines, and Spokane Valley. Restaurants were
permitted as an accessory use in Kent, Burien, Sea-Tac, and Renton. None of the cities
limited seating capacity either for stand-alone or accessory uses.
(iii)Rationale for proposed chc�nge.
Staff recommends removing the 50 seating capacity limit (Exhibit [), as this appears to be
an arbitrary number.
G Convention Centers
(i) Existing code language related to convention center.
Existing code language in FWRC 19.235.030 allows convention, conference, and trade
centers associated with another permitted use in the OP zone zone if the convention use
portion occupies no more than 50 percent of the combined gross floor area of the
development on the subject property (Elchibit B)_
(ii) Research from other cities.
As part of the background research, staff reviewed ordinances from the cities of Kent,
Auburn, Tukwila, Burien, Des Moines, Sea-Tac, Spokane Valley, and Renton to
determine if convention centers were allowed as a stand-alone use in similarly zoned OP
zones (E�ibit J). Convention centers were permitted outright in Burien, Des Moines,
Staff Report to the Planning Commission Page 3 of 7
Restaurants, Accessory Uses, and Convention Centers in the OP Zone File #10-104120-00-UP
Sea-Tac, and Renton and not permitted in Kent, Auburn, Tukwila, and Spokane Valley.
Where permitted, the use was permitted outright and not as an accessory use.
(iii) Rationale for proposed change.
A list ot outn�ht permitted uses are sho�vn on Exhibit K. [t seems unLikety that a
convention center would be associated with any use in the OP zone, except the office use.
Staft; theretore, recommz�id� aLlowin� convention centers a� ail outtlght permitted use
and not accessory to another principal use a(lowed in the OP aone (Exhibit F).
III. PROCEDURAL SUMMARY
5/28/11 Issuance of Determination of Nonsignificance (DNS) pursuant to the State
Environmental Policy Act (SEPA)
6/13/11 End of SEPA Comment Period
6/27/11 End of SEPA Appeal Period
6/15/11 Public Hearing before the Planning Commission
IV. PUBL[C COMMENTS
No comments were received as of the date of this report.
V. REAS01�1 FOR PLAIYNING COMNiISS[ON ACTION
FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for
zoning code text amendments. Consistent with Process VI review, the rote of the Planning
Commission is as follows:
1. To review and evaluate the zoning code text regarding any proposed amendments.
2. To determine whether the proposed zoning code text amendments meets the criteria provided
by FWRC 19.80.130.
3. To forward a recommendation to the City Council regarding adoption of the proposed zoning
code text amendments_
VL DECISIONAL CRITERIA
FWRC 19.80.130 provides criteria for zoning text amendments. The following section analyzes
the compliance of the proposed zoning text amendments with the criteria provided by FWRC
19.80. i 30. The City may amend the text of the FWRC only if it finds that:
Staff Report to the Planning Commission Page 4 of 7
Restaurants, Accessory Uses, and Convention Centers in the OP Zone File #10-104120-00-UP
1. The proposed amendment is consistent with the applicable provisions of the
comprehensive plan.
The proposed FWRC text amendments are consistent with the foliocving Federal Way
Cnrrapre�terisire Plczrt (FWCP) policies and �oals:
LUP3 Use desi�n �nd pertor�nance �tandards to create attractive and desirable
commercial and office developments.
LUP6 Conduct regular reviews of devetopment regulations to determine how to
improve upon the permit review process_
LUP35 Allow a broad range of commercial, retail, office, industrial, and supportive uses
to meet the needs of workers and consumers, in well integrated, well functioning,
high quality developments.
EDG6 The City will encourage and support existing businesses to remain and/or expand
their facilities within Federal Way.
EDP10 The City will work with the private sector to actively encourage the retention and
expansion of existing businesses, as well as bring in new development,
businesses, and jobs to the community.
EDP18 The City will periodically monitor local and regional trends to be abie to adjust
plans, policies, and programs.
2. The proposed amendment bears a substantial relationship to pubGc health, safety, or
welfare.
The proposed FWRC text amendments are not directly related to the public health, safety, or
welfare. However, allowing more flexibility for the establishment of accessory uses in this zone
would encourage businesses that may have a need to combine uses that complement or depend
on each other. In addition, not specifying a maximum seating capacity for restaurants would
remove an arbitrary limitation on seating capacity and leave the decision on the size of
individual restaurants up to the needs of the surrounding commercial development. Convention
centers are compatible with office uses, and may be more likely to be constructed as a stand-
alone facility to serve surrounding uses rather than as an accessory use.
3. The proposed amendment is in the best interest of the residents of the city.
Approval of the proposed code amendments would benefit the City as a whole by providing
flexibility for the establishment of accessory uses, restaurants, and convention centers in the
OP zone; thus, reducing the vacancy rate for offices and encouraging economic development.
Staff Report to the Planning Commission Page 5 of 7
Restaurants, Accessory Uses, and Convention Centers in the OP Zone File #10-(04120-00-UP
VII. STAFF RECOMMENDATION
Based on the above �taff analysis and decisional critena, staff recommends that the proposed
amendments shown in EYhihits E, E, and I, and �ummarized as follows, be recommended for
approval by the Plannin� Commission:
Amendments to EWRC t9235.010 to allow any accessory use subject to certain site design
and architectural features (Exhibit E).
2. Amendments to FWRC 1923�.030 to allow any accessory use subject to certain site design
and architectural features (Exhibit F).
3_ Amendments to FWRC 19.235.020 to remove seating limitations for restaurants (Eachibit I).
4. Amendments to FWRC 19.235.030 to aliow convention centers as a stand alone use (Exhibit F).
VIII. PLANNING COMMISSION ACT[ON
Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the
following actions regarding the proposed zoning code text amendments:
i. Recommend adoption of the FWRC text amendments as recommended by staff;
2. Modify the staff recommended FWRC text amendments and recommend to the City Council
adoption of the FWRC text amendments as modified;
3. Recommend to the City Council that the proposed EWRC text amendments not be adopted; or
4. Forward the proposed FWRC text amendments to the City Council without a recommendation.
Staff Report to the Planni�g Commission Page 6 of 7
Restaurants, Accessory Uses, and Convention Centers in the OP Zone File #10-104120-00-UP
E��iTs
Exhibit :� U�e Zone Chart FWRC 19.235.010, Office/retail
Erhibit B Use 7one Chart FWRC 19.235.030, Limited commeccial
Exhibit C Maps of 2011 Vacant Office Space in OP Zoned Areas
Bxhibit D Applicant's Explanation of Need for Code Amendment
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Amendments to Use Zone Chart FWRC 19.235.010, Office/retail
Amendments to Use Zone Chart FWRC 19.235.030, Limited commercial
Use Zone Chart FWRC 19.235.020, Entertainment—Commercial recreation
Restaurants Comparison Matrix
Amendments to Use Zone Chart FWRC 19.235.020, Entertainment — Commercial recreation
Convention Centers Comparison Matrix
Outright Permitted Uses in the OP Zone
K:120ll Code AmendmenkslAccessory Wazehouse in OP Zone�Planning Commission\061511 Packet�Staff Report to the Planning Commission.dce
Staff Report to the Planning Commission Page 7 of 7
Restaurants, Accessory Uses, and Convention Centers in the OP Zone File # 10-104120-00-LTP
Chapter 19.235. Office Park (OP)
19.235.010 Office/retail.
The followin uses shall be ermitted in the office �
DIRECTIONS: FIRST, read down to find use ...
z Minimums
p � Re uired Yards
H o
�� � � �v
� �� � � .��
USE W � � N ° � � '° 2
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vmce use
Retail
establishment
providing
banking and
related
financial
services
Retail sales of
groceries,
produce and
related items
See note 9
Retail
establishment
providing
office supplies,
printing and
duplicating
Process II None 25 ft. 20 ft. 20 fr. 55 ft.
Possible 35 ft. 20 ft. 20 ft. above
III See 50 ft. 20 R. 20 ft. average
note 10 See notes 2 and 12 building
See notes elevation
1 and 3
See notes
1 a�id 3
Process I, II, [II and N are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
�cross for REGULATIONS
U
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ZONE
OP
SPECIAL REGULATIONS AND NOTES
General L[f approved through process III, the height of a structure may exceed 55 ft. above average building elevation
office and to a maximum of 70 ft., if all of the foliowing criteria are met:
retail; 1 for a. The additional height is necessary to accommodate the particular use conducted in the building; and
each 300 sq. b. The subject property does not adjoin a residential zone; and
8. gross floor c. Each required yard abutting the structure is inereased one ft. for each one ft. the structure exceeds 55 ft.
area above average building elevation; and
d. 1'he increased height will not block views designated by the comprehensive ptxn; and
Medical and e. The increased height is consistent with goals and policies for the area of the subject property as
dental oftice: established by the comprehensive plan.
1 for each 2. Front yard setback: 25 ft. if entry is visible from R.O.W, and front facade is 15°/ glass; 35 8. if landscape
225 sq. fr. of buffer and stormwater facilities are located in the front yard; or 50 ft. iY'parking and driving areas are located
gross floor in the front yard.
area 3. If any ponion of a structure on the subject property is within 100 ft. of a residential zone, then that portion
of the structure shall not exceed 30 R. above average buiiding elevation.
Mixed Uses: 4. Office use may include accessory warehouse, retail sales or service facilities and assembly of prepared
Determined materials, which facilities and assembly areas utilize no more than 20°/a of the gross Floor area.
on a case-by- 5. The subject property must be designed so that any truck parking, loading and maneuvering areas; areas
case basis where noise generating outdoor uses and activities may occur, and vents and similar features are located as far
as possible from any tesidential zone.
6. May not conduct any activiry or use on the subject property that involves the release of toxic or noxious
gases, fumes or odors.
7. Outdoor use, activity and storage is regulated by FWRC 19.125.170.
For other information about pazking and parking areas, see Chapter 19.130 FWRC.
For details of what may exceed [his height limit, see FWRC 19.11 U.O50 et seq.
For details regarding required yards, see FWRC 19.125.160 et seq.
K:�2011 Code Amendments\.Accessory Warehouse in OP Zone�Planning Commission\061511 Packet\19-235-010 Office, RetaiI.DOC
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19.235.010 Office/retail. (Continued)
The followin uses shall be ermitted in the office ark (OP) zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST read down to find use ... 1'HEN, across for REGULATIONS
v� Minimums
p � Re uired Yazds ;, ZONE
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a �0. � � ov ��
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USE a a; � a w ti a x� a a SPECIAL REGULATIONS AND NOTES
8. Access to and from drive-through facitities must be approved by the public works department. Drive-through
facilities must be designed so that vehides will not biock Vaffic in the street while waiting in line and will not
unreasonably interfere with on-site tr�c flow.
9. The city may approve these uses if they meet the following criteria:
a. They are cieazly secondary to and supportive of other uses on the subject property allowed in this zone; and
b. By their location and configuration, they are principally oriented to the other allowed uses on the subject
property and their employees and not to the general public; and
c. It is reasonable to anticipate that there will be a demand for these uses from the other allowed businesses on
the subject property or their employees and that these uses will be principally used by these other allowed
businesses or their employees.
10. No maximum lot coverage is established. Instead, the buiidable area will be determined by other site
development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc.
11. For community design guidelines that apply to the project, see Chapter 19.115 FWRC.
12. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC,
13. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
14. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter rnay apply to the subject
properry.
Process I, II, III and IV aze described in For other information about arkin and arkin areas, see Cha ter 19.130 FWRC.
Chapter 19.55 FWRC, p g P � P
Chapter 19.60 FWRC,
Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.OS0 et seq.
Chapter 1990 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq.
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K:�201 I Code Amendments�,Accessory Watehouse in OP ZoneU'lanning Commission\061511 Packet\19-235-010 Office, Retail.DOC
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19.235.030 Limited commercial.
The followine uses shall be nermitted in the office
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Commercial or
industrial
photography,
cinematography
or video
production,
broadcast studio
DIRECTIONS: FIRST, read down to find use ...
N xe u�rea Yazas
�
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R: -R�. .-7 W VI C�.
Possible
Process
III
See 50 ft. 20 ft. 20
note 7 See notes 2 and 9
See note
1
w�
0
x �
35 ft. above
average
building
elevation
See notes 1
and 3
Newspaper
printing plant
Research
development and
testing facilities,
including
electronics
technologies and
dentaliabs
zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
across f'or REGULATIONS
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4 W
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Q ' �
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ZONE
OP
SPECIAL REGULATIONS AND NOTES
1 for every 1. If approved through process III, the height of a structure may exceed 35 ft. above average building elevation to a
500 sq. fr. maximum of 55 ft., if all of the following criteria are met:
gross floor a. The additional height is necessary to aecommodate the particular use conducted in the building; and
azea, unless b. The subject property does not adjoin a residential zone; and
use a Each required yazd abutting [he structure is inereased one ft. for each one fr. the svuctuce exceeds 35 ft. above
incWdes average building elevation; and
accessory d. The increased height will not block views designated by the comprehensive plan, and
uses, then e. The increased height is consistent with goals and policies for the area of the subject property as established by
determined the comprehensive plan.
on a case- 2. Front yard setback: 25 ft. if entry is visible from R,O.W. and front facade is 15% glass; 35 it. if landscape buffer
by-case and stormwater facilities are located in the front yard; or 50 ft. if parking and driving areas are located in the front
basis yazd.
3, If any portion of a structure on the property is within 100 ft. of a residential zone, then that portion of the structure
shall not exceed 30 ft. above average building elevation.
4. May not conduct any activity or use on the subject property that involves the release of toxic or noxious gases,
fumes or odors.
(Continued)
Process I, II, Ili and IV are described in �— For other information about parking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq.
K:�2011 Code AmendmentsWccessory Warehouse in OP Zone�Planning Commission\061511 Packet\19-235-030 Limited Commercial.doc
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USE a a �
warehouse
facilities
See note 5
Convention,
conference,
and trade
centers
associated with
another
permitted use
in this zone
See note 6
USE ZONE CHART
NS: FIRST, read down to find use ... THEN, across for REGULA'
Minimums
Re uired Yazds �,
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Process I, II, III and IV are described in
Chapter 19,55 FWCtC,
Chapter 19.60 PWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
ZONE
OP
SPECIAL REGULATIONS AND NOTES
5. The city may allow a warehouse facility under this section if it meets the foliowing criteria:
a. This use is accessory to the primary use on the subject property and occupies no more th�ui 50% of the combined
gross floor area of this use and the primaty use.
b. The placement, orientation, design and other site design and architectural features of the proposed building and sire
plan demonstrate that this use will not detract from the principal character of the subject property as an office park.
c. The ex[erior appearance of the wazehouse facility will be comparable to the exterior appearance of other buildings
on the subject propeRy.
d. The subject property is designed to accommodate the truck traffic and other manifestations of this use.
e. The subject property is designed so that truck parking, loading and maneuvering azeas; areas �vhere noise
genera[ing outdoor uses and activities may occur; and vents and similar features are located as far as possible from ar�y
residentialzone.
6. The city may allow a convention, conference or trade center under this section if it meets U�e folluwing criteria:
a. This use occupies no more than 50% of the combined gross floor area of the development on the subject property.
Z No maximum lot coverage is established. Instead, the buildable area will be determined by uther site development
requirements, i.e., required buffers, pazking lot landscaping, surface water facilities, etc.
8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC.
9. For tandscaping requirements that apply to the project, see Chapter 19.125 FWRC.
] 0. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
I 1. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply tu the subject �
pCOpem'� 1..
For other information about parking and parking areas, see Chapter 19.I30 FWRC.
For details of what may exceed this height limit, see FWRC 19.11 0.050 et seq.
For details regarding required yazds, see FWRC 19.125.160 et seq,
K:�2011 Code Amendments�Accessory Wazehouse in OP Zone�Planning Commission\061511 Packet\19-235-030 Limited Commercial.doc
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Id�p data �5�2011 Googl�_ ���:7 �_ >=-I Glasc '�: i�7dc�,�;
Ci#y of �., ,. , , �. . . _ -
� ,_ Map Date��J�ne�2� 1�
��tY PKFe I W�
Federal Wa 2011 Vacant Off�ce S�a�� (P)253-835-7000
Y (V� www.cityoffederalway.com
c�Tr oF This map is intended for use
� Federal Wa 0 0.25 0.5 as a graphical representation. �
Y Miles The City of Federal Way makes N
�_ ., �_,_ �� ,_. „ _ no warra�ty as to its accuracy.
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EXPLANATION OF NEED:
Market activitv and requests for space within Federa( ��'a�� lias sho��.-n a need b�� smaller
companies, wishing to locate to Federal Way, the abiliry to combine their office a.nd
warehouse needs. Existing inventory within the CE Zone is either non existent or too
large to accommodate the need.
The existing OP zoning use chart and options set forth in 19.235.030 are in conflict and
leave staff without the ability to encourage office/warehouse combinations for users.
Sec. 19.235.030 clearly allows up to 50% of gross building area for accessory warehouse
while 19.235.10, Para. 4, conflicts with Sec. 19.23�.030.
On two occasions related to 33811 - 9 Avenue S., an OP office property, the relocation
or use of the property by a local company failed due to staff's inability to interpret the
code due to the 20% verse 50% accessory warehouse confusion.
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Chapter 19.235. Office Park (OP)
19.235.010 Office/retail.
The followin uses shall be ermitted in the office ark (OP) zone sub�ect to the re ulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
v� Minimums
p � Re uired Yards ; ZONE
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USE a �� a r; v� rx �� a a SPECIAL REGULATIONS AND NOTES
Office use Process II None 25 ft. 20 ft, 20 ft. 55 ft. General 1. [f approved through process III, the height of a structure may exceed 55 ft. above average building elevation
Possible 35 ft. 20 ft. 20 ft. above office and to a maximum of 70 ft., if all of the following criteria are met:
Retail III See 50 ft. 20 ft. 20 ft. average retail. 1 for a. The additional height is necessary to accommodate the particular use conducted in thc building; and
establishment note 10 Except 20 ft. along building each 300 sq. b. The subject property does not adjoin a residential zone; and
providing See notes residential zones for elevation ft. gross floor c. Each required yazd abutting the structure is inereased one ft. for each one fr. thr structwe exceeds 55 ft.
banking and 1 ar�i-3 side and rear yazds area above average building elevation; and
related See notes d. The increased height will not block views designated by the comprehensive plan; and
financial See notes 2 and � ��� 3 Medicul and e. The increased height is eonsistent with goals and policies for the azea of the subject properry as
services 11 dental office: established by the comprehensive plan.
— 1 for each 2. Front yard setback: 25 ft. if enuy is visible from R.O.W. and front facade is 15% glass; 35 ft. if la�idscape
�ail-salese€ 225 sq. ft. of buffer and stormwater facilities are locared in the front yazd; or 50 fr. if parking and driving areas xre located
g�ese�ie� gross Yloor in the Y'ront yard.
yredase-ak� area 3. If any portion of a structure on the subject property is within 100 R. of a resiJential zone, then that portion
relate�-+tetns of the structuce shall not exceed 30 ft. above average building eleva[ion.
Mixed Uses: 4. ecessory • ��a:;se+t�k�ly-ef=��ar�#
See-Hete$ Determined ° ���re� usrs mav be
on a case-by- allowed subject to the followin� criteria:
Retail case basis a. The placement. orientation. desi�n and other site desien and architectural featur�s of the prupused
establishment buildine and site Dlan demonstrate that this use wili not detract from the principal ch:n actrr of thc subject
providing prooerty_,as an office pazk. �
o�ce supplies, b. 'I'he exterior apoearance of that �orcion of the buildina housin�the accessory usr� wili be cumparable to �
printing and the exterior appeazance of other buildin�s on the subject nrooertv, p�^�
duplicating 5. The subject property must be designed so that any truck parking, loading and m�i�uveriug are�s; areas L.1 j
where noise generating outdoor uses and activities may occur, and vents and similar teatures ar� located as far �
as possible from any residential zone.
6. May no[ conduet any activity or use on the subject property that involves the rele�i�e of tuxic or noxious
gases, f'umes or odors.
�rr.
Continued
�.
Process I, II, III and IV are described in For other infonnation about parking and parking areas, see Chapter 19.130 FWRC, ..
Chapter 19.55 FWRC, N ;
Chapter I9.60 FWRC, �
Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19. ] 10.050 et seq, p
Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq.
y ��
K:�201 l Coc�e Amendments�Accessory Warehouse in OP Zone�Planning Commission\061511 Packet�Amended 19-235-010 Office, Retail.DOC
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19.235.010 Office/retail. (Continued)
he followin uses shall be ermitted in the office ark (QP) zone sub�ect to the re ulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST read down to find use ... THEN, across for REGULATIONS
v� Minimums
p � Re uired Yards ; ZONE
� U
O �
� u 3 � � �� a� on OP
� �.'� � q y � � V �, X
USE � �� � � �, � x� a 0. SPECIAL REGULATIONS AND NOTES
7. Outdoor use, activity and storage is regulated by FWRC 19.125.170.
8. Access [o and from drive-through facilities must be approved by the public works �cpartntcnt. Drive-through
facilities must be designed so that vehicles wi11 not block traffic in the street while waiting in line :u�J will not
unreasonably interfere with on-site traffic flow.
. � lavw�d-us�s-�a--tlae-su4�jesF
e-citlicr-:tFlewetl-l��.ri^ °^�„
[�es tl� :�Efjat-a4{ewe�
e . .�,. ..i„
�& 9. No maximum lot coverage is established. [nstead, the buildable area will be drtcrrnined by other site
development requirements, i.e., required buffers, parking lot landscaping, surface watrr facilities, etc.
-�-1- l0, For community design guidelines that apply to the project, see Chapter 19.1 I 5 F W RC.
-1�- 1 l. Fot landscaping requirements that apply to the project, see Chapter 19.125 FWIZC.
� l2. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
�4- 13. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject
property.
Process I, II, III and IV are described in For other information about parking and parking areas, see Chaprer 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.70 FWRC respec[ively. For details regarding required yards, see FV✓RC 19.125.160 e[ seq.
K:�2011 Code AmendmentsWecessory Warehouse in OP Zone�Planning Commission\061511 PacketlAmended 19-235-010 Office, Retail.DOC
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19.235.030 Limited commercial.
The followine uses shall be ne
DIRECTIONS: FIRST,
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in the office
to find
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Commercial or Process II None
industrial
photography, Possible See
cinematography Process note 7
or video III
production,
broadcast studio See note
l
Newspaper
printing plant
Research
development and
testing facilities,
including
electronics
technologies and
dental labs
[. 20 R. 20 ft. 35 ft. above 1 for every 1. If approved through process III, the height of a structure may exceed 35 ft. above a� �rage building elevation to a
[. 20 ft. 20 ft. average 500 sq. f't. maximum of 55 R., if all of the f'ollowing criteria are met:
[. 20 ft. 20 ft. building gross Yloor a. The additional height is necessary to accommodate the particular use conducted iu the building; and
notes 2 and 9 elevation area, unless b. The s�bject property does not adjoin a residential zone; and
use c. Each required yard abutting the structure is increased one ft. for each one fr, the structure exceeds 35 ft. above
See notes l i��cludes average building elevation; and
and 3 accessory d. The increased height will not block views designated by the comprehensive plan; �wd
uses, d�en e. The inereased height is consistent with goals and policies for the area of the subjcct property as established by
determined the comprehensive plan,
on a case- 2. Front yazd setback: 25 ft. if entry is visible from R.O.W, and fiont f'acade is 15% gl���s, 35 tl i1 I�u�dscape buffer
by-case and s[onnwater facilities are located in Ihe fiont yard; or 50 ft. if parking and driving are�s arr located in the front
basis vard.
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ect to the regulations and notes set forth in this section:
USE ZONE CHART
ZONE
OP
SPECIAL REGULATIONS AND NOTES
3. If any portion of a structure on the property is within 100 ft. of a residential zone, thcn tliat purtion of the structure
shall not exceed 30 ft. above average building elevation.
4. May not conduct any activity or use on the subject property that involves the releasr �>f to�ic or nuxious gases,
fumes or odors.
(Continued)
Process I, Il, III and IV are descnbed in L- For other information about parkiug and parking areas, see Chapter 19,13U FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq.
K;�201 I Code Amendments�Accessory Wazehouse in OP Zone�Planning Commission\061511 Packet�nended 19-235-030 Limited CommerciaLdoc
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9.Z35.U3U Limited commercial. C:ontinued
DIRECTIONS: FIRST, read down to find use ... 1'HEN,
,� Minimums
� y Re uired Yards �
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Process I, Il, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
USE ZONE CHART
across for REGULATIONS
ZONE
OP
SPECIAL REGULATIONS AND NOTES
5. Accessory uses may be allo_wed sub'ei ct Lo the
following criteria.
�a�„��� •�� «�� � , �-�ie•;�-tt��rrtlier+-�nt�4-t�w�+ne�
b a, The placement, orientation, design and other site design and architecfural f'eatures of the pruposed building and
site plan demonstrate that this use will not detract from the principal character of the subject prope�iy as �m office pazk.
s b. The exterior appearance of the warehouse facility will be comparable to die exteriur appearxnce of uther
buildings on the subject propeny.
. � c�++�et't�j+s-t�e
o- c. The subject property is designed so that truck parking, loading and maneuvering areas; areas wher� noise
generating outdoor uses and activities may occur; and vents and similar features are located �u f'ar as possiblc from any
residentia(zone.
° �er1t-er}t1� subja6E�eyar��
a-- 6. No maximum lot coverage is established. Instead, the buildable area will be determined by oth�r site development
requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc.
!3- 7. For community design guidelines that apply to the project, see Chapter 19.115 FWRC.
9- 8. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC.
�9 9. For sign requirements that appty to the project, see Chapter 19.140 FWRC.
-1-� I0. Refer to Chapter ] 9.265 FWRC to determine what other provisions of this chapter may apply to dic subject
property.
For other information about parking and parking areas, see Chapter 19.130 FWRC.
For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
For details regarding required yards, see FWRC 19.125.160 et seq.
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K:�2011 Code Amendments�,4ecessory Warehouse in OP Zone�Pianning Commission\06151 l Packet�Amended 19-235-030 Limited Commercial.doc
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19.235.020 Entertainment — Commercial recreation.
The followin uses shall be ermitted in the office ark OP zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGUI,A'I'IONS
�, Minimums
0 ti Re uired Yards
�, o � ZONE
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a `' 3 N °� � '- c
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usE � �� • u�`- N a �� a a. SPECIAL REGULATIONS AND NOTES
Restaurant Process II None 25 ft. 20 ft. 20 ft. 35 ft. above RestauranC 1. If approved through process III, the height of a structure may exceed 35 ft. above avcrage building eleva[ion to
with seating 35 ft. 20 ft. 20 ft. average 1 for every a maximum of 55 ft., if all of the following criteria aze met:
capacity for Possible See 50 ft. 20 ft. 20 ft. building 100 sq. 8. a. The additional height is necessary to accommodare the particular use conducteJ iu the building; and
no more than Process notes 3 See notes 2, 7 and 8 elevation gross floor b, The subject property does not adjoin a residential zone; and
50 persons III and 5 area c. Each required yard abutting the structure is increased one ft. for each one fr. the structure exceeds 35 ft.
See notes 1 above average building elevation; and
Commercial and 4 Recreation: d. The increased height wili not block views designated by the comprehensive ptau; and
recreation Determined e. The increased height is consistent with goals and policies for the area of the subj�ct property as established
facility on a case-by- by die comprehensive plan.
case basis 2. Front yard setback: 25 ft. if entty is visible from R.O.W. and front facade is 15% gl:ass; 3i tt. if Iandscape bu8er
and stormwater facilities are located in [he fron[ yazd; or 50 ft, if pazking and driving arcas ar� located in front
yard.
3. "I'he subject property must be designed so that any truck parking, loading and maneuv�ring areus; areas where
noise generating outdoor uses and activities may occur, and vents and similaz features ;ue lucated es far as possible
from any residential zone.
4. lf' any portion of a svucture on the subject property is within l0U ft. of a residenti�l �une, then that portion of the
structure shall not exceed 30 ft. above average building elevation.
5. No maximum lot coverage is established. Instead, the buildable area will be determined by other site
devetopment requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc.
6. For community design guidelines that apply to the project, see Chapter 19.115 FWRC'.
7. For landscaping requirements that apply to the project, see Chapter 19125 FWRC.
8. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
9. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject
property.
Process I, II, III and IV are described in For other information about pazking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq.
K:�2011 Code Amendments�.4ccessory Warehouse in OP Zone�Planning Commission\061511 Packet\19-235-020 Entertainment, Commercial Recreation.doc
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RESTAURANTS
COMPARISON MATRIX
C�rY - P�wn�ss�o�v
Kent Permitted as an accessory use (no drive-
Office District (0) through)
Auburn
Residential Office (RO) & Residential Permitted outright (no drive-through)
Offrce-Hospital District (RO-H)
Tukwila
Office (0) District Permitted outright
Burien Permitted as an accessory use (no drive-
Office Zone (0) through)
Des Moines
B-P Business Park Zone Permitted outright
Sea-Tac permitted as an accessory use (no drive-
Offtce/Commercial/Mized Use
(O/C/MU) through)
Spokane Valley Permitted outright (drive-through allowed as
Office District (0) an accessory use)
Renton Permitted as an accessory use to office use
Commercial Office (CO) (Shall not stand alone and shall not occupy
more than 25 percent)
K:12011 Code AmendmentslAccessory Warehouse in OP ZonelPlanning Commission\06151 L Packetliiestaurant Compazison
Matrix.doc
19.235.020 Entertainment — Commercial recreation.
The followin uses shall be ermitted in the office ark (OP) zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REUULATIONS
� Minimums
0 y Re uired Yards
F o � ZONE
°' OP� .� � � � o v .� �
a ` 3 = :: � � a,
G7 � o. •� � a a� � � � a..x
USE � �� a w N a �� � a SPECIAL REGULATIONS AND NOTES
Restaurant Process II None 25 ft, 20 ft. 20 8. 35 fr. above Restaurant L If approved through process III, the height of a structure may exceed 35 R. above average building elevation to
� 35 ft. 20 ft. 20 ft. average 1 for every a maximum of 55 ft., if all of the following criteria are met:
sapasity-fe� Possible See 50 ft. 20 ft. 20 ft. building l00 sq. ft. a. The additional height is necessary to accommodate the paRicular use conducted in the building; and
ae-�ere-N�a+3 Process notes 3 See notes 2, '7 and 8 elevation gross floor b. 1'he subject property does not adjoin a residential zone; and
SA-peFSeHS III and 5 area c. Each required yard abutting the structure is inereased one ft. for each one fr. the structwe exceeds 35 ft.
See notes 1 above average building elevation; and
Commercial and 4 Recreation: d. The increased height will not block views designated by the comprehensive plan; and
recreation Determined e. The increased height is consistent with goals and policies for the area of the subject pruperry as established
facility on a case-by- by the comprehensive plan.
case basis 2. Front yard setback: 25 ft. if entry is visible from R.O. W. and front facade is I S°/a gluss; 35 ft. if landscape buffer
and stormwater facilities are located in the front yard; or 50 ft. if parking and driving �reas are located in front
yard.
3. The subject property must be designed so that any truck pazking, loading and maneirvering areas; areas where
noise generating outdoor uses and activities may occur; and vents and similaz features are located as faz as possibie
from any residential zone.
4. If any portion of a structure on the subject properry is within 100 ft. of a residential zone, then that portion of the
structure shall not exceed 30 R. above average bui►ding elevation.
5. No maximum lot coverage is established. Instead, the buildable azea wilt be determined by other site
development requirements, i.e., required buffers, parking lot landscaping, surface watcr facilities, etc.
6. For communiry design guidelines that apply to the project, see Chapter 19.115 FWRC.
7. For landscaping requirements that apply to the project, see Chapter 19,125 FWRC.
8. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
9. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject
property.
Process I, II, III and IV are described in For other infonnation about parking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC, For details of whnt may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.90 FWRC respectively. For details regarding required yazds, see FWRC 19.125.160 e[ seq.
K:�2011 Code Amendments�.4ccessoty Warehouse in OP ZoneU'lanning Commission\061511 Packet�P.mended 19-235-020 Entertainment, Commercial Recreation.doc
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CONVENTION CENTERS
COMPARISON MATRIX
CITY PERM[SS[ON
Kent Not permitted
Offrce District (0)
Auburn
Residential Office (RO) & Residential Not permitted
Office-Hospital District (RO-H)
Tukwila Not permitted
Offtce (0) District
Burien Permitted
O�ce Zone (0)
Des Moines permitted
B-P Business Park Zone
Sea-Tac
Office/Commercial/Mixed Use (O/C/MU) Permitted
Spokane Valley Not permitted
Office District (0)
Renton
Commercial Off ce (CO) Permitted
K:�2011 Code AmendmentsWccessory Wazehouse in OP ZonelPlanning Commission1061511 Packet\Convention Centers Comparison
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OUT-RIGHT PERMITTED USES IN THE OP ZONE
• Office use
• Retail establishment providing banking and related financial services
• Retail establishment providing office supplies, printing and duplicating
• Restaurant with seating capacity for no more than 50 persons
• Commercial recreation facility
• Commerciai or industrial photography, cinematography or video production,
broadcast studio
• Newspaper printing plant
• Research development and testing facilities, including electronics technologies
and dental labs
• Schools, colleges, universities, or business or vocational schools
• Commercial day care facilities
• Hospitals, convalescent centers, nursing homes
• Funeral homes and mortuaries
• Government facility, public parks, and public transit shelter
• Public utility
• Personal wireless service facility
• Church, synagogue or other place of religious worship
K:\2011 Code AmendmentslAccessory Warehouse in OP Zone�Planning Commission\061511 Packet\Outright pertnitted uses.doc
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CITY OF FEDERAL WAY
PLANNING COMMISSION
June 15, 2011 City Hall
7:00 p.m. Council Chambers
MEETING MINUTES
Commissioners present: Merle Pfeifer, Hape Elder, Wayne Carlson, Tom Medhurst, Lawson Bronson,
Tim O'Neil, and Sarady Long. Commissioners absent: None. Staff present: Planning Manager Isaac
Conlen, Principa( Planner Margaret Clark, Assistant City Attorney Peter Beckwith, and Administrative
Assistant Tina Piety.
CALL TO ORDER
Chair Pfeifer called the meeting to order at 7:00 p_m.
APPROVAL OF MINUTES
The minutes of May 18, 2011, were approved as presented.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
Mr. Conien stated the next Planning Commission meeting has not been set.
COMMISSION BUSINESS
PUBLIC HEARING — Proposed Amendments Related to Restaurants, Accessory Uses, and
Convention Centers iu the Oftice Park (OP) Zone '
Ms. Clark delivered the staff report. This is a request from a citizen (Roger Hazzard) to amend Federal
Way Revised Code (FWRC) 19.235.010 to increase the percentage of gross floor that can be used for
accessory warehouse use. While researching this request, staff found other items that should be addressed;
hence amendments to FWRC 19.235.030 (also addressing warehouse use), FWRC 19.235.020
(addressing seating capaciTy of restaurants), and FWRC 19.235.030 (addressing convention centers) were
added to this proposal.
There was no public comment. Ms. Clark stated that Mr. Hazzard had told her he supports the staff
recommendation.
Commissioner O'Neil asked if there was any logic behind the 20% regulation for accessory uses. Ms.
Clark replied she is unaware of the logic behind the 20% regulation. The City of Federal Way adopted the
Kirkland zoning code when we incorporated and that code had the 20% regulation_ The city has not
received any question or complaint about the 20% regulation before this and therefore, the staff has never
researched the regulation before this time. Commissioner O'Neil asked if the 20% regulation is
monitored. Ms. Clark replied it is monitored when an applicant applies for a tenant improvement.
K:Wlanning Commission�2071U14eaing Summary 0615-1 l.doc
Planning Commission Minutes Page 2 June 15, 2011
�
Commissioner Bronson asked how many OP zones are in the city and what is the acreage. Ms. Clar��
replied that she does not have the acreage with her at this time_ The West Campus area has the largest OP`�
zone in the city. �I�here is a(so a smaller one at 1 and 320' another at 21s and 320` and another opposite �
the Federal Way Hiah School.
Commissioner Carlson rrioved (and it was secondec� to recommend approval of the proposed amei�dments
to FWRC 19.235A10 and 19.253.030 to allow any accessory use subject to certain site design and
architectural features. The motion carried.
Commissioner Carlson moved (and it was secondec� to recommend approval of the proposed amendment
to FWRC 19.235.020 to remove seating limitations for restaurants. The motion carried.
Commissioner Carison moved (and it was secondec� to recommend approval of the proposed amendment
to FWRC 19_235.030 to allow convention centers as a stand alone use. The motion carried.
The public hearing was closed.
ADDITIONAL BUSINESS
None
ADJOURN
The meeting was adjourned at 7:25 p.m.
K:�Planni� Commission�2011 Vvteeting Summary 06-15-1 l.doc
COUNCIL MEETING DATE CPntPm b�� 1 � r ITEM #��
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CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUS.TEC'r: Ordinance to Vacate a Portion of SW 340`" Street
POLICY QUESTION Should the Council adopt an ordinance vacating a portion of SW 340"' Street to Quadrant
Corporation located on the south side of SW 340`" Street, west of 13` Court SW adjacent to Lot 34 of Wynstone
Plat at Federal Way?
COMMTTTEE Land Use and Transportation Committee
CATEGORY:
❑ Consent
� Ordinance
MEETING DATE August 1, 2011
❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: John Mulke , P.E. Street Systems Project Engi DEPT: Public Works
_ Y _.. _. _ _.. .. _ _
Attachments: Land Use and Transportation Committee memarandum dated August 1, 2011.
Options Considered:
1. Adoption of the attached ordinance vacating a portion of SW 340` Street to Quadrant Corporation.
2. Do not adopt the ordinance vacating a portion of SW 340`" Street to Quadrant Corporation and provide
direction to staff.
MAYOR'S RECOMMENDATION The Mayor r Option 1.
r, _
MAYOR APPROVAL: �y��� DIRECTOR APPROVAL: f
r,..,...,, .00 �.,��.,..� Committee Council
COMMITTEE RECOMMENDATION "I move approval of Option 1 to the September 6, 2011 City Council
Ordinance Agenda for first Reading" �.�-�; _�
Linda Kochm r, Chair ��erre��mber f�J��,povey, Member
PROPOSED COUNCIL MOTION:
1 Reading of Ordinance (September 6, �11): "I move to forward the ordinance to the second reading for
enactment on the September 20, 2011 City Council Ordinance Agenda. "
2 Reading of Ordinance (September 20, 2011): "I move to enact the ordinance vacating a portion of SW 340
Street to Quadrant Corporation located on the south side of SW 340`" Street, west of 13` Court SW adjacent to
Lot 34 of Wynstone Plat at Federal Way to Quadrant Corporation. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION: Q
❑ APPROVED COUNCIL BILL # � U �
❑ DENIED 1sT reading q� �� �
❑ TABLED/DEFERRED/NO ACTION Enactment reading
� MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — OA/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: August 1, 2011
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor
FROM• John Mulkey, P.E., Street Systems Project Engineer ��""'�
' Cary M. Roe, P.E., Director of Parks, Public Works, and Emergency Managemen j�
SUBJECT: Ordinance to Vacate a Portion of SW 340`�' Street
BACKGROUND:
On May 16, 2011 the Land Use and Transportation Committee heard Quadrant Corporation's request for
the vacation of a portion of SW 340` Street to Quadrant Corporation in order increase the lot size to be
able to better develop the lot, and align the lot with the planned right-of-way width. The vacation was
brought to Council on July 5, 2011, at which time a public hearing was held and the Council conditionally
approved the vacation. The conditions of the vacation were for Quadrant to pay the City an amount of
50% of the appraised value of the property and obtain executed easements for utilities within the area to
be vacated.
Quadrant has provided executed easements to the City and has paid an amount of $9,161.50, which is
50% of the value of the land based on the County Assessor's appraisal of the property.
All conditions for the street vacation have been met per the Council decision on July 5, 2011.
cc: Project File
Day File
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
vacating a portion of Southwest 340 Street located on the south side of
SW 340th Street, west of 13th Court SW adjacent to Lot 34 of Wynstone
Plat at Federal Way.
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 Southwest 340` Street located on the south side of SW
340 Street, west of 13 Court SW adjacent to Lot 34 of Wynstone Plat at Federal Way ; and
WHEREAS, pursuant to Resolution 11-606, the Federal Way City Council held a public
hearing at its regular meeting on July 5, 2011, to consider the petition for vacation as required by
state law and Federal Way Revised Code Section 4.20; and
WHEREAS, following the conclusion of the public hearing on July 5, 2011, the City Council
considered the proposed vacation and its compliance with the criteria outlined in FWRC 4.20.120,
and decided to grant the vacation pending satisfaction of the conditions outlined in Resolution 11-
606 and payment of compensation by the owners of the abutting property; and
WHEREAS Quadrant Corporation of Washington, the project developer has satisfied the
conditions outlined in Resolution 11-606 and paid the City 50% ofthe appraised fair market value of
the right-of-way to be vacated, in the amount of Nine Thousand One Hundred Sixty-one and 50/100
Dollars ($9,161.50.00);
WHEREAS Quadrant Corporation of Washington, the project developer has submitted
easements to the City for all utilities crossing the area to be vacated for recording;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 11- Page 1 of 6
Rev 1/10
Section 1. Vacation. That portion of the right-of-way of South 340 Street, located on the
south side of SW 340 Street, west of 13 Court SW adjacent to Lot 34 of Wynstone Plat at
Federal Way as described in Exhibit "A" (legal description) and so depicted on Exhibit "B"
(exhibit map) and Exhibit "C" (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 Reeards
and Elections. Immediately following the recording of the deed, a11 easements required as a condition
of the vacation will be recorded for those utilities crossing the vacated areas.
Section 3. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical enors, references, ordinance numbering, section/subsection numbers and any
referencesthereto.
Ordinance No. I 1- Page Z of 6
Rev 1/10
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 take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
20 .
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COLTNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 11- Page 3 of 6
Rev 1/10
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EX#iIBtT A
LErGAL aESCRIP'�IOiN
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RIG�FiT OP WAY �FACATI4H
Ttiet pr.xx�fon at Che narlhwest quarter �oF Se�tion 19, Townahip 21 Ncxih, Range 4 F_as� W,Mi, Cily of
Fecieral Way, Kln� Caur�bj, W.9shingiEan, befrg mor� parti�ularfy de�l6ed as fallpM,s:
BE�IN�IING at me rno�tt norlherty comer r�l Lot 34 ot "wynsb�ne PMat at Fed�rsl Wa�' as recarled
in Ur�lu�ne 250 of Plats, P'ages �18 ihraugh 5�, in�kslve urder As�nrdfr�g Na. �008�216aa12�
T}1EhICE alorYg the tl4tShe�iy eaA�nsivn Of d1e wes�rty lin� bf sai�i lot, hF DD"27'�47' ��1 � fee�
THENCE S 56'���' ��1.�+� fe�etto an a�qie pol�rt an the nartlrer�r line of sald lo�
TNQdCE 814ng s�id nvrtharty line� being �olneid�rR wiih the �utherly margln flf SW 340" SUe�t
as oorneyed to the Clt�r of F�deral yVey by that stahrtory w�lrrartty dBed [ecorded tl�dcr �t�icar�ln$
Na 2EJ0�4U�B19�D0696, S 53°09'�3' W, 44.57 fee�
1HENCE �rrtrwing aiang sald �pmmon Ilne, N 36°54'07' W. 44,7¢ feat tu a polnt a�f ourvaUuna;
T1 IEhJCE o0r'tkirtUing �Ibr�g 5�it3 oommc,n line, na�ihw�eate�l}+ 29.�3 i�et alang the src of � ts�gQf�t
Gurr� ta th� le� heving a radlus af �10.0� fae�t. throup h a eentral an99e of 45 io 1he P01 hJT
OF BE�INNIhI�
C�Dr�teit�ir� 2�51 l7 �qua�e iQet, rnore or less.
see at�aeh�ti Fxhlblt B.
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