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LUTC PKT 08-05-2002 MEETING AGENDA R-E-V-I-S-E-D 08/01/02 2. 3. 4. CALL TO ORDER Approval of Minutes of the .luly 15, 2001, Meeting PUBLIC COMMENT (3 minutes) BUSINESS ITEMS A. B. C. Do Social Services Transitional Housing Unit Code Amendment Action New High School Update Information Miscellaneous Code Amendments Action (Definition of High-Density Residential Use, et al, Keeping of Animals, Affordable Housing Regulations, & Quasi-3udicial Rezones) Award of South 364~ Street Culvert Replacement Project Consultants Scope of Work for Restoration of West Branch of Hylebos Creek F. Watershed Planning Activities Within WRIA 10 G. South 228th Street at SR99 Signal and Intersection Improvements 85% Design Status Report FUTURE MEETING AGENDA ITEMS ADJOURN Barker/15 min Harris/10 min Gamble/15 min Action Bucich/15 min Information Bucich/10 min Information Ryan-Connelly/:L0 min Action Salloum/10 min Committee t4ernber~ Eric Faison, Chair Dean McColgan Fl/chae/ Park city staff Kathy McOung, D/rector, Community' Development Serv/oes .Candy L y/e, Adrn/n/strative .4~'~ant 253. 661.4116 K \LUTC Agendas and summaries 2002LAugust 5, 2002, LUTC Agenda- Revised doc DATE: August 5, 2002 TO: FROM: VIA: SUBJECT: Eric Faison, Chair Land Use / Transportation Committee ,~. Marwan Salloum, Street Systems Manage~ )(~A ~}~ David H. Mo~~ M~a ager - - \ South 288th St. at SR99 Signal and Intersection Improvements- 85% design Status Report BACKGROUND: This project on S 288th Street adds a second left-hand mm lane westbound and a left-hand mm lane eastbound at SR-99; adds left-mm lanes at 18th Avenue S; interconnect signals on S 288th Street at SR-99 with Military Road at S 304th Street, S 288m Street, and Star Lake Road. The purpose of the project is to improve traffic flow and reduce accidents by eliminating conflicts. In an effort to reduce costs and public disruption, the following planned projects will be incorporated into the design and will be constructed as part of this project: Lakehaven Utility District Water and Sewer Utility Adjustment Utility Underground Conversion within project limits. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 85% complete, and includes the following completed tasks: The Topographical Surveys Right of Way plan, appraisal and review appraisal NEPA and Biological Assessment Permitting Interlocal Agreement with Lakehaven Utility District for Water and Sewer line relocation/replacement design and construction Environmental Site Assessment (ESA) Phase I Project Design to 85% Ongoing Tasks Include: · Utility Underground Conversion Agreement with Puget Sound Energy for project limit Right of Way Requirements (Negotiation, and Acquisition) · Project Design to 100% PROJECT ESTIMATED EXPENDITUREs: Planning and Desig!l Right of Way'Acquisition .... Year 2003 ConstrUction (estimate) · 10%.Constructi0n Contingency Construction Management Underground Conversion (estimate) TOTAL PROJECT COSTS $1.69,200 326,000 1,368,700 136,870 135,000 200,000 $2,.335;770 AVAILABLE FUNDING: Total Grant Funding Transfer in Street CIP Fund Mitigation Interest Earning Lakehaven Utility District TOTAL AVAILABLE BUDGET $1,569,520 468,000 9,622 21,813 8,202 $2:077:157 TIA $1,201,270, HES $300,000, WSDOT $68,250 PROJECT BUDGET SHORTFALL 258,613 At this time this project budget has funding shortfall of $258,613. Staffis not requesting a budget adjustment for this project at this time. As we proceed with the project Final design and right of way acquisitions process, the total project costs and funding will be refined and presented to committee and Council at the 100% design completion status report for further action. OVERHEAD UTILITIES CONVERSION All overhead utilities along S 288th Street between 16th Avenue S and 19th Avenue S will be converted into an underground system except for the Puget Sound Energy (PSE) electrical transmission system (115,000 volts or larger). RECOMMENDATION: Staff recommends placing the following item on the August 20, 2002 Council consent agenda: 1. Authorize staff to proceed with final design of the South 288th Street at SR-99 Signal and Intersection Improvements Project and return to the LUTC Committee at the 100% design completion stage for further reports and authorization. 2. Authorization to enter into the proposed Interlocal Agreement with Lakehaven Utility District for the South 288~ Street Project (SR99 to Military Road South) 3. Approve the attached resolution to accept the Federal Hazard Elimination (HES) grant in the amount of $300,000. .~/PPROVAL OF COMMITTEE REPORT: ii: :~. i: : ':: :: : :: :"." . .:~.~:~ ~.:::,( ~ , Erie iFaison, Chair Dean McColgan, Member Michael Park, Member MS:dl cc: Project File Day File k:\lutc~2002xs288th street at st99, 85%.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ' FEDERAL WAY,'WASHINGTON~ AUTHORIZING EXECUTION OF LOCAL AGENCY AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF TRANSPORTATION REGARDING IMPROVEMENT OF SOUTH 288TM STREET BETWEEN 16TM AVENUE SOUTH TO 19TM AVENUE SOUTH 1N THE CITY OF FEDERAL WAY, WASHINGTON WHEREAS, the City of Federal Way applied for a grant from the Washington State Department of Transportation for the purpose of (1) constructing eastbound and westbound left turn lanes on State Route 99 at South 288th Street; (2) modifying the traffic signal to accommodate the added lanes; and (3) accommodate left turn lanes at 18th Avenue South, illumination, sidewalks and asphalt concrete pavement overlay; and WHEREAS, the Washington State Department of Transportation agrees to grant the City of Federal Way estimated federal funds in the amount of Three Hundred Thousand Dollars ($300,000) provided that the City Council authorize the City Manager to enter into the Local Agency Agreement; and WHEREAS, by accepting said grant the City of Federal Way agrees to execute the Local Agency Agreement; and WHEREAS, by accepting said grant the City of Federal Way agrees to match the federal funds in an estimated amount of One Hundred Twenty Thousand Dollars ($120,000), which has been budgeted in the City's 2001 - 2002 budget; Res. # , Page 1 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY .HEREBY RESOLVES AS FOLLOWS:' Section 1. Execution of Accept.ance of'the Local Agency Agreement. The City Manager or his designee is hereby authorized to execute.the Local Agency Agreement regarding improvement of South 288th Street Between 16th Avenue South to 19th Avenue South in the City of Federal Way. Section 2. Receipt of Federal Funds. The City Manager or his designee is hereby authorized to receive the state and federal funds estimated to be Three Hundred Thousand and 00/100 Dollars ($300,000.00). Section 3. Matching Funds Authorized. Pursuant to the terms of the Local Agency Agreement, the city commits approximately One Hundred Twenty Thousand and 00/100 Dollars ($120,000.00), in matching funds. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Res. # , Page 2 RESOLVED 'BY THE CITY .COUNCIL OF THE cITy OF FEDERAL WAY, WASHINGTON,. this __ day of August, 2002. CITY OF FEDERAL WAY ATTEST: MAYOR, JEANNE BURBIDGE CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. K: PublicWorks~Resolution-South 288th Street (SR 99 to Military) Res. # , Page 3 After recording, return to: Federal Way City AttorneY's Office 33530.1St Way South PO Box 9718 Federal Way, wA 98063-9718 . 'rNTERLOCAL AGREEMENT BETWEEN THE CTrY OF FEDERAL WAY AND LAKEHAVEN UT[LTi'Y D1'STRI'CT FOR THE SOUTH 288TM STREET PRO.1ECT (SR-99 TO MIrLLq"ARY ROAD SOUTH) THIS AGREEMENT is made and entered into this __ day of , 2002, by and between the City of Federal Way (hereinafter "City") and Lakehaven Utility District (hereinafter "District"), collectively referred to herein as the "Parties". WHEREAS, the City proposes to proceed with the South 288th Street Project (SR-99 to Military Road South) (hereinafter "Project"); and WHEREAS, the District provides water and sewer service in the general area of the Project in accordance with applicable Washington State and City of Federal Way laws, regulations and franchises; and WHEREAS, in connection with the roadway improvements being undertaken by the City, the District will be required to relocate certain water and sanitary sewer facilities such as fire hydrants, valves, water meters, etc.; resolve any waterline/utility conflicts; and adjust sewer manholes, within the Project area; and WHEREAS, Chapter 39.34 (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, the District can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for the District, including letting a public works construction contract for the installation of the water improvements in connection with the Project (hereinafter "District Work"), and providing construction management services in support thereof, as described in Exhibit A, attached hereto and incorporated herein by this reference; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: PREDESIGN/DESIGN. The District agrees that the City's design contractor, CH2M HILL, shall perform predesign/design work for the Project. The District shall reimburse the City for the predesign report, reproducible construction drawings, special contract provisions, and other necessary documents, which shall Page i 'sufficiently detail requirements for the DiStrict Work to become a pa[t of the.plans and specificatiOns for the Project. BIDDING AND CONSTRUCT[ON. A. It is the intention of the City and the District that the Distri .ct plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost atlo~_ations between the Parties. B. Following opening of construction bids on the Project, the District shall be furnished with the bid responses submitted for the District Work for the District's approval. Within twenty days of receiving the bid prices, the District shall notify the City in writing that the District either approves or rejects their portion of the bid award. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed with the District Work until the City has received approval from the District for its portion of the bid award; provided, however: if no bids are received which, in the estimation of the District, are acceptable to the District for the District Work, the District shall so immediately notify the City. The District Work shall be deleted from the project contract and, in this event; the City shall proceed with ils portion of the Project. This Interlocal Agreement shall terminate effective the date of the District's notice to the City of the District's rejection of all bids. III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. The District grants to the City Public Works Director and/or his or her designee authority to act on behalf of the District sufficient to carry out the provisions of this Agreement. B. The District shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the District Work, which changes shall be made, if feasible. The City shall notify the District, in writing, of any changes required of the District Work and shall obtain the District's approval of such changes. The District's approval shall not be unreasonably withheld. The District shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the District. IV. PAYMENT. A. The District shall reimburse the City for all costs incurred by the City in performing the District Work, which costs shall include but are not limited to the District Work performed by the Project contractor(s), all District requested changes, and the District's cost of the City services described in Paragraph III (a) herein, and as described in Exhibit B. B. All payments shall be due from the District to the City within thirty (30) days after approval by the District's Board of Commissioners of said sums billed to the District. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold the District, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement Page 2 to the extent caused by the negligent acts, errors or omissions'of the CitY, its~gents or emPloyees, Or by the CitY's breach of 'this Agreement. B. The 'District agrees to' indemnify and hold the CitY, its elected. 'officials, Qfficers, · employees and agents harmless from any .and all claims,', demands, losses, actions .and. liabilities (including costs and all attorney fees) to or by any and all persolns or entities, including, withoUt, limitationi .their fespective agents; licensees, or representatives, arising or resulting from, or connected with, this.Agreement to the extent caused by the negligent acts, errors or omissions of the District, its agents 'or employees, or by District's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until either (1) the District rejects all bids or (2) the City Council accepts the completion of the project, whichever is earlier. VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibilitY for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. B. Upon completion of the construction and CitY's acceptance of the Project as fully constructed according to plans, specifications and change orders, the City shall provide a final invoice to the District for any final payment due. The District's payment of this final invoice shall, in effect, transfer ownership of these water and sewer mains and appurtenances to the District and the District shall thereafter be responsible for maintenance of such facilities. C. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. This Agreement shall be in full force and effect from the date of signature by all Parties to the date the CitY completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and District. Adherence to deadline dates is essential to the performance of this Interlocal Agreement. E. Any provision of this Agreement, which is declared invalid, void or illegal Shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the CitY under the terms of this Agreement. Page 3 IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals.the day and year first above written. CITY OF FEDERAL WAY LAKEHAVEN UTILITY DISTRICT David H. Moseley, City Manager General Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Bob C. Sterbank, City Attorney General Counsel, Steven H. Pritchett A1-FEST: N. Christine Green, CMC, City Clerk Page 4 EXHIBIT A WATER MAIN 'RELOCATION ASSESSMENT South 288th Street.- Pacific Highway South to.19th Avenue South City of Federal way ' Agreement# 01-133 Scope of Services Prepared by CH2M HILL March 2002 WORK ELEMENT 8 - WATER MAIN RELOCATION ASSESSMENT Work to be completed under this scope of work includes: Assessment of the existing Lakehaven Utility District (known hereafter as the DISTRICT) water mains located on S. 288th Street between Pacific Highway S. and 19th Ave S, and elsewhere within the limits of the proposed street improvement project. This assessment will determine the need to relocate the mains to avoid conflicts with the proposed improvements related to the S. 288th St. project. Approximately 700 linear feet of water main will be assessed. See Figure 1. 2. Field surveying valve locations and operator nut depths thereof. Preparation of a technical memorandum including discussion of the results of the assessment and providing a recommendation as to the need to relocate the water mains. 4. A preliminary opinion of construction costs for the relocation of the water mains. 5. It is assumed no utility potholing will be completed under this scope of work. Water main depths will be estimated based on water valve measure downs. It is assumed that this scope of services will be completed within six (6) weeks of receipt of the pothole information. To meet this schedule it is assumed that DISTRICT review of the draft technical memorandum will be completed within two (2) weeks of submittal. This scope of work does not include design of water main relocations, preparation of design drawings, specifications or other construction documents. Inclusion of water main profiles in the S. 288th Street plans is not included as part of this scope. The CONTRACTOR will develop a separate scope of work and budget for the aforementioned work upon acceptance by the CITY and the DISTRICT of the water main assessment described in this scope of work. Page 5 8.1 - FIELD INVESTIGATION Valve Measure Downs The CONTRACT°R will obtain and field locate.with direction from the CITY ten (10) valve Ibcations. The DISTRICT will.provide the CONTRACTOR the valve station. locations.and typical distance to top of pipe from operating nut. Field Surveys The CONTRACTOR will coordinate to field survey each valve measure down It is assumed that ten (10) valves will be field surveyed. The CONTRACTOR will use the same horizontal and vertical datum as the South 288th Street project. 8.2 - RELOCATION ASSESSMENT Plan and Profiles Based on the valve measure-down information the CONTRACTOR will prepare plan and profile sheets for mains running parallel to the centerlines of S. 288th Street between STA 51+00 and STA 61+00 and elsewhere within the limits of the proposed street improvement project as may be required. Plan and profile sheets will show each valve location including station, offset, elevation at exist ground and depth to top of pipe. A dashed line indicating the assumed water main profile will be drawn between each valve location. Because of the possibility that the actual water line profile varies along its length between valve locations, no guarantee is made as to the accuracy of the drawn water main profile between valve locations. The majority of the profiling of the water mains will be based on measure down information and construction assumptions provided by the DISTRICT. Therefore, the accuracy of the profiles will be dependent on the accuracy of the information provided by the DISTRICT. In general, the profiling will be subject to inaccuracies in measuring, assumptions of valve types and measurements, potential presence of valve extensions (unknown), and errors in calculating the invert of the water mains based on this cumulative data. The CONTRACTOR will superimpose the proposed finish ground line and proposed storm drain crossings from the South 288th Street project onto the profiles. The proposed channelization for South 288th Street project will be superimposed over the existing planimetrics. Submittals: Draft plan and profiles Final plan and profiles Page 6 Technical Memorandum' - The CONTRACTOR will. review the valve information, plan and profile draWings, the 'South 288th Street preliminary design drawings and utility as-built information to assess the need to relocate the existing water main. The. assessment will be limited to the following! · Depth. of future cover; Based on the finish grade elevations establiShed by the South 288th Street project, the CONTRACTOR will review the future depth of cover over the water mains and identify areas of insufficient cover. The minimum cover required will be as determined by Lakehaven Utility District. · Proposed utility conflicts. Based on the proposed storm drain and utility undergrounding plans developed for the South 288th Street project the CONTRACTOR will identify apparent conflict locations. Cost to resolve individual conflicts will be developed under Work Element 8.3. The CONTRACTOR will prepare a technical memorandum describing the assessment performed, a comparison between relocation of the entire water main and resolution of localized conflicts, provide a recommendation to the DISTRICT on whether the water mains should be relocated or localized conflicts should be resolved. The assessment of the water mains will not address the condition of the water mains or associated appurtenances, capacity, or existing/future demand. No assessment of service laterals will be made. Should the CONTRACTOR recommend relocation of the water mains, the CONTRACTOR will provide a preliminary route for the relocated water main on the plan and profile drawings prepared as part of 8.2. Submittals: Draft Technical Memorandum Final Technical Memorandum 8.3 - CONSTRUCTION OPINION OF COST Opinion of Cost The CONTRACTOR will prepare a preliminary opinion of construction cost for both the relocation of the water main and/or resolution of localized conflicts for comparison purposes. Since no detailed design of the water main will have been performed, this will be a planning level estimate suitable only for comparison purposes. The opinion of cost will be based on a linear foot cost to relocate/adjust the water main. The unit price per linear foot will include excavation, backfill, shoring, material and labor, fittings and valves and incidentals. A detailed breakdown of quantities will not be prepared. A thirty percent (30%) contingency will be applied to the opinion of cost. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the CONTRACTOR has no control over cost or price of labor and materials: unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market Page 7 conditions; time or quality Performance by operating personnel.or third parties; and other' economic :and operational factors that may materially'affect the ultimate PROJECT cost or. schedule. Therefore, CONTRACTOR makes no warranty that the .CITY's actual PROJECT costs, financial aspects, economic·. feasibility, or schedules will not. vary from CONTRACTOR's opinions, analyses, projections,, or estimates: If the CITY wiShes greater assurance as 'to any element' of PROJECT cost, feasibility, .or schedule, the CITY will employ an independent cost estimator, CONTRACTOR, or other appropriate advisor. Submittals: Draft Opinion of Cost Final Opinion of Cost 8.4 - PROJECT MANAGEMENT The CONTRACTOR will be under contract with the CITY. The CONTRACTOR will provide overall project management, coordination with the DISTRICT and CITY, monthly progress reports and invoicing. Project management and administrative services including: · Set-up project and execute agreement. · Preparation and execution of subcontractor subcontracts · Preparation and review of monthly progress reports and invoices. · Closeout and archive project record systems. Page 8 City of Federal Way South 288th St. r Water Main Relocation Assesment TOTAL BUDGET SUMMARY March 8~ 2002 1. Direct Salary cost (DSC) - . ..... :.,~ ':'-Man Houdy Raw Classification . Rolel .':! i:; ?..'HoUrs Rate Cost .. E-VI Senior Engineer 0 $49.37 $0 P-VI Environmental Planner 0 $39.79 $0 E-V Project Manager 13 $37.25 $484 E-IV Senior Drainage Enginee~ 0 $27.59 $0 E-III Project Engineer 0 $25.00 $0 E-II Project Engineer 53 $21.87 $1,159 ST-IV Survey Technician 0 $25.00 $0 T-IV Drafting Technician 24 $17.18 $412 OA Clerk Steno 10 $16.88 $169 SUBTOTAL (DSC) 100 $2,224 3. Overhead Costs (OH) 176.60% x DSC= $3,928 4. Fixed Fee: 32.00% x DSC= $712 5. Reimbursables 100.00% $947 16. GRAND TOTAL- Estimated Fee ! t I $7,812 City of Federal Way South 288th St. - Water Main Relocation Assesment March 8, 2002 REIMBURSABLES Relocation Reimbursable Item Assessment Totals Task 8 A. Reprographics and Printing $50 $50 B. Travel Costs (Mileage @ $0.315/mi) $47 $47 C. Miscellaneous (Survey, postage, etc.) $850 $850 Totals I $9471 $947 · City of Federal Way South 288th St. - Water Main Relocation Assesment March 8, 2002 WORK HOUR ESTIMATE SR ENV PROJ LEAD PROJ PROJ DRAFT ORA,cT CLERK T O ~'-~J_ TOT/M_ ENGR PLNNR MGR ENGR ENGR ENGR TECH TECH STENO LABOR WORK ELEMENT E6 8, W~ter Main Relocation Assessment 8.1 Reid Investigation 12 12 $810 ' 8.2 RelocaQon Assessment 8 32 24 4 68 $4,560 8.3 Construction Opinion of Cost 1 8 9 $655 8.4 Project Management 4 1 6 11 $840 WORKEEEMENT 8 SUBTOTAL 0 0 13 0 0 ' 53 0 24 10 t00 $6,865 TOTAL LABOR HOURS 0 0 13 0 0 53 0 24 10 100 6,865 City of Federal Way South 288th St. - Water Main Relocation Assesment March 8, 2002 BUDGET SUMMARY, BY TASK Total Total Overall Task Description Labor Reimbursables Totals 8. Water Main Relocation Assessment $6,865 $947 $7,812 TOTALS $6,865 $947 $7,812 EXHIBIT B -· 'soUTH 288TM STREET (SR 99TO MILITARY ROAD SOUTH) ESTIMA TED PRE-DESIGN, DESIGN, CONS TRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS.FOR INCLUDING LAKEHA VEN UTILITY DISTRICT UTILITY RELOCATION AND ADJUS TMENTS ESTIMATED PRE-DESIGN COST Estimated pre-design costs fOr Lakehaven utility relocations (CH2M HILL) ESTIMATED DESIGN COST Estimated design costs for Lakehaven utility relocations (CH2M HILL) ESTIMATED CONSTRUCTION COSTS Subtotal Construction Sales Tax @ 8.8% of Construction Cost Subtotal Constriction Including Sales Tax Construction Contingency (10% of Construction cost.) Construction Management (10% of Construction cost.) ESTIMATED TOTAL CONSTRUCTION COST ESTIMATED PROJECT COST (Predesign, Design & Construction) Project Administration (5% of project cost) TOTAL ESTIMATED COST $7,812.00 STBD STBD STBD STBD STBD STBD STBD STBD $7,812.00 $ 390.60 $8~202.60 Note: The Agreement will be amended to include amounts to be determined ("TBD"), including estimated design, construction, and project administration costs when the estimates have been prepared. Costs presented are estimates only. Actual costs incurred will be used to calculate final cost of Lakehaven Utility District's utility relocation portion for reimbursement to the City. Page 9 MEET~'NG AGENDA 2. 3. 4. CALL TO ORDER Approval of Minutes of the July 15, 2001, Meeting PUBLZC COMMENT (3 minutes) BUSINESS FI'EMS A. B. C. Social Services Transitional Housing Unit Code Amendment Action New High School Update Information Miscellaneous Code Amendments Action (Definition of High-Density Residential Use, et al, Keeping of Animals, Affordable Housing Regulations, & Quasi-Judicial Rezones) Award of South 364th Street Culvert Replacement Project Consultants Scope of Work for Restoration of West Branch of Hylebos Creek F. Watershed Planning Activities Within WRZA 10 FUTURE MEETZNG AGENDA 1TEMS AD]OURN Barker/15 min Harris/10 min Gamble/15 min Action Bucich/15 min Information Bucich/10 min Information Ryan-Connelly/10 min ¢ommi~ee I~lember~ Eric Fa/son, Chair Dean Nc"Co/gan Michael Park City Staff Kathy McClung, D/rector, Community Development Servio~s Sandy L y/e, Administrative Assistant 253. 661.4116 K:\LUTC Agendas and Summaries 2002\August 5, 2002, LUTC Agenda doc City of Federal Way City Council Land Use/Transportation Committee July 15, 2002 City Hall 5:30 pm Council Chambers MEETING SUMMARY In attendance: Committee members Eric Faison, Chair and Mike Park (Deputy Mayor Dean McColgan was excused); Council- member Linda Kochmar; City Manager David Moseley; Director of Community Development Services Kathy McClung; Public Works Deputy Director Ken Miller; City Attorney Bob Sterbank; Management Services Director Iwen Wang; Surface Water Manager Paul Bucich; SWM Water Quality Specialist Leslie Ryan-Connelly, Administrative Assistant E. Tina Piety. 1. CALL TO ORDER Chair Faison called the meeting to order at 5:30 pm. APPROVAL OF MINUTES The summary of the July 1, 2002, meeting was amended. The committee did not forward a recommendation on the Policy Review for Neighborhood Traffic Safety Balloting. It was m/s/c to remove the m/s/c and last line from Section C. 3. PUBLIC COMI~IENT There was no public comment on any item not included in the agenda. BUSINESS ITEMS A. Federal Way School District Impact Fee Update - The City has received the Federal Way School District's 2002/2003 Capital Facilities Plan with the proposed school impact fees for the City's annual review and adoption. The new fees are $3,894 per single-family unit and $1,094 per multi-family development, and if adopted, would be effective January 1, 2003. The higher fees are caused primarily by a 7% overall increase in the student generating factor (from an average of 0.62 students per household to 0.66 students). More important is the substantial increase in middle (24%) and high school (45%) student counts. Because the District's capital requirements are concentrated at the middle and high school levels, the increased student count amongst these two levels led to a substantial increase in calculated fees. The fees have been approved by King County and Kent (Des Moines does not collect impact fees). The fees are applied system-wide, not just in Federal Way. The concern was expressed that those who pay the fees should be the ones to benefit from them. It was m/s/c to forward the draft Federal Way School District 2002/2003 Capital Facilities Plan and proposed impact fee to the full Council (to be placed on the consent agenda on August 20, 2002) for approval with implementation of the proposed fee of $3,894 per single-family development and $1,094 per multi-family development, effective January 1, 2003. B. Near-Term Action Agenda for Salmon Habitat Conservation - As an active member of the Green/Duwamish and Central Puget Sound Watershed Forum, the City of Federal Way participated in development of the Near Term Action Agenda (NTAA for Salmon Habitat Conservation. The Near Term Action Agenda is a guide to decision making and action by local governments, business, community and environmental groups, and citizens. It identifies the types of projects, policies, programs practices, and studies that have potential for benefiting salmon in the Green/Duwamish Watershed and can be used by local jurisdictions and other organizations in setting resources protection priorities over the next two to four years. At this time, there is no action necessary by the committee. The Surface Water Management Division is informing the committee of Federal Way's padicipation in the implementation of the Near Action Agenda. Some of the actions are already happening and some will be additional efforts over the next five years. C. South 373rd Gravel Removal Project- Hylebos Creek at South 373rd Street has historically been a problem gravel deposition zone resulting in overtopping of South 323 Street and ood~ng of surrounding land. The project consists of removing approximately 250 cubic-yards of gravel, diversion of flow, by-pass diversion of the creek around the construction site, and maintenance of erosion control measures during construction. It was m/s/c to place the following items on the July 16, 2002, Council agenda for approval: 1) award the project to Americon, Inc. the lowest responsive, responsible bidder in the amount of $28,875.52 and approve a 10% contingency of $2,887.55, for a total of $31,763.07; and 2) authorize the City Manager to execute the contract. 5. FUTURE MEETINGS The next meeting will be August 5, 2002. 6. ADJOURN The meeting adjourned at 6:19p.m. K \LUTC Agendas and Summaries 2002\July 15 2002 LUTC M*nutes doc CITY OF FEDERAL WAY PLANNING COMMISSION RECOMMENDATION DAT}'2 TO: VIA: FROM: SI J]BJI(CT: July 30, 2002 Dean McColgan, Chair Land Use/Transportation Committee (LUTC) David M get Kathy McClu~k~Director of Community Development Services Deb Barker, Associate Planner Plauuing Co~nmission Recommendatiou - Social Se~wices Trausitional Housing Code Amendment To Federal Way Ci0, Code (FWCC) A. BACKGROUND/PROPOSAL As part of tile Year 2002 Planning Commission work program, staff has proposed a code amendment related to reduction of the separation requirements for social sen, ices transitional housing units. Thc proposed code amendment would incorporate regulations into Federal Way (Y/ty Code (FWCC) Chapter 22. The staff recommendation to the Planning Conmlission is attached as Exhibit I. B. PLANNING COMMISSION RECOMMENDATION Thc Planning Comlnission conducted a public hearing on July 17, 2002, at which time they recommended approval of thc code amendment as proposed by staff as listed in Exhibit 1. Social Services Transitional Housing Currently, social services transitional housing units are perlnitted ill the RS, RM? BN, BC and CC- F zoning districts subject to FWCC standards. One of thc rcquirclnents is that thc units be distanced 1,000 feet other social se~'ices transitional housing units. Thc current non-profit provider of these units has identified the separation requirement as a barrier to locating additional social services transitional housing units within the City since thc affordable housing units are typically located within 1,000 feet of the existing units. The proposed code amendmcut (Exhibit ]) would reduce thc separation requirement for social services housing units from 1,000 feet to 400 feet only in the RM zoning district. As proposed by staff, thc code amendment would not alter the separation rcquircmcnt for any other zoning district. Planniug Commission Recommendation to LUTC July 30, 2602 Co COUNCIL AC~'ION/STAFF. RECOMMENDATION The Conmfittee has the following options: 1. Recommend that the full Council adopt an ordinance approving the proposed code ameudment as reconunended by the Planning Commission. 2. Recommend that the full Council modify and then approve the proposed code amendment. 3. Recommend that the full Council disapprove the proposed code amendment. Stall' recomlnends that tile Committee recommend to tile full Council adoptiou of the Planlfing Commission's recommendation (Exhibit 2). D. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION Thc LUTC tbrwards thc proposed amendment to the full Council for first reading on August 20, 2002. as follows: As recommended by Planning Conmlission. As recommended by Plamfing Commission and amended by the LUTC. Approval Of Committec Action: Dean McColgan Jeanne Burbidge Eric Faison LIST OF EXHIBITS Exhibit 1 Exhibit 2 Exhibit 3 Staff Report to tile July 17, 2002, Planning Commission Planning Commission Meeting Minutes Draft Ordinance Page 2 STAFF REPORT TO THE PLANNING COMMISSION Amendments to the Federal. Way City Code (FWCC) Relating to Separation Requirements for Social Services Transitional Housing Units Planning Commission Meeting of July '17, 2002 Applicant: Proposed Action: Staff: SEPA: Staff Recommendation: City of Federal Way Amendment to Federal Way City Code (FWCC), Chapter Relating to Separation Requirements for Social Services Transitional Housing Unit Deb Barker, Associate Planner An Environmental Determination of Nonsignificance was issued for the proposal on May 4, 2002 Staff recommends that the separation requirement for social services transitional housing units be reduced from 1,000 feet to 400 feet, only in RM zoning districts. BACKGROUND As part of its regular review of development regulations, staff has identified the need to amend the text of Federal Way City Code (FWCC) Chapter 22 to address the following: Modify the zone use chart separation requirement for Social Services Transitional Housing to decrease the distance they must be separated from other Social Services Transitional ltousing tlnits, front 1,O00 feet to 400feet. Staff recommends that this occur only itt R34 zoning districts as discussed below. DEFINITION OF SOCIAL SERVICES TRANSITIONAL HOUSING Under FWCC Section 22-1, "Definitions," social service transitional housing means facilities other than offices and group homes as defined in this chapter, operated by a nonprofit social service agency, licensed as required by the state, providing temporary and transitional housing to individuals on an as-needed basis including, but not limited to, emergency shelters, homeless shelters, and other such crisis intervention facilities. This classification includes domestic violence shelters as defined herein, except that such shelters wherein the total number of residents does not exceed the maximum number allowed under the "family" definition, may be permitted outright in all residential zones. Type A: Maximum number of residents to be consistent with the maximum number of unrelated adults allowed under the zoning definition of family. EXHIBIT PAGE I OF_/0 Type B: All social servi'ce ~ransitional housing'not meeting the definition of"TYpe A," above. Maximum number to be determined on a case-by-casd basis. The limitation on the number of residents in social service trans'itional housing shall not be applied if it prohibits the City from making reasonable accommodations to disabled persons in order to afford such person equal opportunity to use and enjoy a dwelling as required by the Fair Housing At;nendments Act of 1988, 42 USC 3604(0(3)(b). DEFINITION OF FAMILY Pursuant to FWCC Section 22-1, the definition of family means an individual or two or more individuals related by not more than four degrees of affinity or consanguinity, and including persons under legal guardianship, or a group of not more than five persons who are not related by four or fewer degrees of affinity or consanguinity; provided however, that any limitation on tile number of residents resulting from this definition shall not be applied if it prohibits the City from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendment Act of 1988, 42 USC 3604(f)(3)(b). DEFINITION OF TRANSITIONAL HOUSING Under the Revised Code of Washington (RCW) transitional housing means a project that provides housing and supportive services to homeless persons or families for up to two years and that has as its purpose facilitating the movement of homeless persons and families to independent living. Social services transitional housing units are permitted uses in the Residential (RS),~ Residential Multifamily (RM), Neighborhood Business (BN), Community Business (BC), and City Center - Frame (CC-F) zoning districts subject to specific criteria as summarized below. The uses are permitted only if the 1,000-foot separation requirement is met; the facility and program secures and maintains all licenses and/or approvals as required by the state; the subject property is optimally located to public transportation, shopping, health care providers, and other services; the facility will be operated under the authority of a reputable governing board, social service, or agency; the facility has appropriate staffing, supervision, and security; it will not create unreasonable i~npacts; bas adequate parking; is iu compliance with health, safety, and welfare; and operates under an approved management plan. Each social services transitional housing unit permitted under tile FWCC must have a management plan on file with the City Clerk (Exhibit A -Managemen! Plan Guidelb~es). These specific criteria and performance standards serve to mitigate potential impacts from tile social service transitional housing use. Il. DISCUSSION OF PROPOSED CODE AMENDMENT Modify the use zone charts to decrease the separation requirements for social services transitional housing units from 1,000 to 400 feet in applicable zoning districts (Exhibit B -Applicable Zoning Charts). Staff recoznmends that this change occur only in RM zoning districts as discussed below. ' RS zone only allows type A social services transitional housing. Planning Commission Staff Report Social Services Transitional ltousing Code Amendment July 17, 2002 EXHiEtlTI PAG 'The City of Federal Way adopted social services transitional housing uses in a 1994 code amendment. The resulting ordinance p.ermitted social services transitional housing units in the Residential (RS),2 Residential Multifamily (RM), Neighborhood Business (BN), Community Business (BC), and City Center - Frame (CC-F) zoning districts pursuant to appropriate land use processes. According to land use charts, the City may permit social service transitional housing units only if the criteria are met. The first criteria is as follows: (a) The facility is distanced at least 1, O00 feet fi'om any other faciliO, under this classification. There have been six social services transitional housing units reviewed since tile code amendment established this type of housing uuit in Federal Way. The only applicant for these uses since the 1994 code amendment has been the FUSIONx wing of the Federal Way Community Caregiving Network (FWCCN).4 This agency has identified the separation requiremeut as a barrier to locating transitional housing in Federal \Vay.~ The 1994 ordinance adopted tile social services transitional housing definition and established review criteria for these uses.6 The staff report prepared for the 1994 ordinance recommended that a 1,000-foot separation requirement be established for Social services transitional housing, "...to preclude overconcentration of these facilities." The report continued: "With respect to facilities such as homeless shelters, it is recommended that they be set back by 1, O00 feet from any other such facility. No setback requirement from sensitive land uses is seen as essential for these fyi)es of facilities, however, the recommended approval criteria for these uses establishes authority to mitigate potential impacts to the immediate neighborhood, which could include such setbacks." The 1994 code amendment included a wide range of group homes regulations in tile City. The report did not recommend spacing requirements for protected group homes as they apply to group homes under the Fair Housing Act. Staff researched tile potential for impacts created by the establishment of tile six existing social services transitional housing units established under tile 1994 ordinance. Staff interviewed the acting property managers of fivev of the six housing units to inquire if there were identified impacts with tile existing social service transitional housing unit and if they believed there would be any problems if another social services transitional housing unit were established in their complex. The managers did not reveal any impacts created by the existing units, and felt that they would have no problem with additional similar social services transitional housing units. Over-concentration of social services transitional housing units within existing programmatic design and with existing caseworkers does not appear to be of concern. 2 RS zone only allows type A. 3 Friends United to Shelter the Indigent, Oppressed, and Needy 4 FUSION purchases condominium units for transitional housing. They contract with the South King County YWCA as a case manager, to provide housing to homeless women and their children in Federal Way. Their six housing projects are located in cxistiug multi family housing condominium complex. s Members of FUSION have stated that due to the 1,000-foot requirement, they are running out of affordable housing options within the Ciiy of Federal Way despite the continued need to house homeless women and their children. 6 Federal Way Ordinance 1/94-223 was adopted October 18, 1994. ~ As the sixth housing unit a is new unit, there was not enough time to consider impacts. Planning Commission Staff Report Social Services Transitional l tousing Code Amendment July 17, 2002 Page 3 EXHIBIT Staff researched the separation requirements for transitional housing and homeless housing in other cities to ascertain if there were other options to the 1,000-foot requirement. It was found that in the cities of Auburn, Kent, Renton, Kirkland, Des Moines, and Bellevue: a) for the ~nost part, they have not codified a distinction between transitional housing and either single-family or multifamily housing; b) where they have made a distinction, it is for limited purpose such as setting maximum occupancy Or maximum length of stay; and c) and in no case do development standards related to such housing address separation or dispersal (Exhibit C - Report on Other King County Cities'Standards). With no clear disccrnable impacts created by the existing social service transitional housing use and no comparable dispersion standards available from other cities, staff has reviewed a range of options to address the dispersion issue. a. Reduce the 1,000-foot requirement to 400~ feet for all zoning districts. b. Reduce the 1,000-foot requirement to 400 feet for only type A social services transitional housing units in all zoning districts. c. Reduce the 1,000-foot requirement to 400 feet only in the RM zoning district. Reduce the 1,000-foot requirement to 400 feet for all zoning districts that permit multifamily dwelling units, provided that no more than three social service transitional housing units per multifamily complex can be established. e. Eliminate the 1,000-foot separation requirement only in the RM zoning district. During this review, staff found that option C results in the least impacts for the proposed reduction of separation requireznents. A discussion of each option with an example of how the change could be implemented follows. a. Reduce the 1,000-foot requirement to 400 feet separation for all social services transitional housing units in RS, RM, BN, BC, and CC-F zoning districts. , Discussion: This option reduces the separation require~nent to 400 feet for all social service transitional housing units in the RS, RM, BN, BC, and CC-F zoning districts. It is a broad option that still maintains dispersion criteria for these uses. Itowever, with a 400-foot separation requirement, additional social service transitional housing units could be established in several of the larger condom iuium complex containing existing social service transitional housing units. As an example under this scenario, a homeless shelter approved as a social services transitional housing unit under the FWCC could be established a minimum of 400 feet from another homeless shelter approved via the FWCC in RS, RM, BN, BC, and CC-F zones. * 400 fcct is approximately the length of i.25 football fields or the distance from City llall to Virginia Mason as the crow flies. A block is 330 feet based on the King County grid system. Planning Commission Staff l>,cpoH Social Services Transitional ltousing Code Amendment July 17, 2002 EXHIBIT Reduce the 1,000-foot. requirement to 400 feet separation for only type A social services transitional housing units in RS, RM, BN, BC, and CC-F zoning districts. Discussion: This option reduces the separation requirement for only type A social service transitional housing units in the RS, RM, BN, BC, and CC-F zoning districts. Type A social services transitional housing is defined as, "Maximum number of residents to be consistent with the maximum number of unrelated adults allowed under the zoning definifibn of family." This option maintains the larger (1,000-foot) separation requirement for type B social service housing units, which are those that do not meet the definition of type A. The occupants who may reside in type A social service transitional housing appear no different than those who live itl a non-social service transitional housing unit. The reduction of separation requirements is appropriate for those social services transitional housing uses that have similar impacts to that ora non-social service transitional housing unit, or the typical siugle or multi-family housing unit. As an example, a type A homeless shelter with no more than five unrelated adults may be established no less than 400 feet from another type A shelter with no more five unrelated adults under this option. This prevents homeless shelters from locating in the same multifamily building, but may permit the use within the same multifamily complex. Also, under this scenario, a type A homeless shelter could be established in the same residential single family subdivision within an RS zoning district but no closer than 400 feet to another type A shelter.9 However, all type A homeless shelters must be separated from a type B homeless shelter (containing more than five unrelated adults) by at least 1,000 feet. Reduce tile 1,000-foot requirement to 400 feet only in the RM zoning districts (Exhibit D - Proposed Use Zone Chart Modifications). Discussion: This option permits the establishment of social services transitional housing units no less than 400 feet apart only in RM zoning districts. All other zoning districts that permit social service transitional housing units (RS, BN, BC, and CC-F) would maintain the 1,000-foot separation requirement for social service transitional housing units. A 400-foot separation requirement only in the RM zoning district would enable the establishment of additional social service transitional housiug units within several of the larger condominium complexes with existing social service transitional housing units.~° While there are 13 multi family apartment complexes located in zouing districts other than RM in the Federal Way City limits, this reduced separation requirement would not apply to them. Staff recommends this option as it reduces separation para~neters in a limited but nonetheless valuable way, and creates the least impact on the City as a whole. Restricted in scope to ouly the RM zoning district aud maintaining tile 1,000-foot separation in all other zoning districts, this option provides for additional social service transition housing units to be established withiu that particular zoning district that has been designed and developed to accommodate multiple dwelling residents. The addition of another social services transitional housing unit on an apamnent complex with existing social services transitional housing unit(s) should not * Type A housi~g units are the only social services transitional housing units permitted in RS zoning districts, ~o This option addresses thc immediate concern of the FWCCN as they purchase affordable condominium properties located in P,M zoning districts. Planning Commission Staff Report Social Services Transitioual Itousing Code Amendment July 17, 2002 Page 5 EXHIBIT, ! have an impact on the complex residents, or the public at large, if ali decisional criteria are met. ltl addition, the underlying density is not impacted by the addition of a social services transitional housing unit, as it would be established within an existing housing unit. As an example, a.hon~eless shelter locating in an RM zoning district could be established no less than 400 .feet from an existing homeless shelter in that same zoning district. This could include the addition ora homeless shelter to an apartment or condominium comtSlex containing existing homeless shelter(s), providing 400 feet separate them. All homeless shelters in RS, BN, BC, and CC-F zoning districts would continue to be separated from other homeless shelters by 1,000 feet. Reduce the 1,000-foot requirement to 400 feet for all zoning districts that permit multifamily dwelling units, provided that no more than three social service transitional housing units per multifamily complex can be established. Discussion: This option assumes that the social services transitional housing unit is located within a multifamily apartment complex where stacked or attached dwelling units are available to rent or own. This option reduces the separatiou requirement for all types of social services transitional housing units located in multifamily dwelling units from 1,000 to 400 feet but also limits the total number of units established under this code provision to three per multifamily cotnplex. This option serves to permit more social service transitional housing units itl the City, as more affordable housing units would be available for purchase while ensuring that the number of social services transitional housing units in any one complex docs not create potential adverse impacts. This option would not apply to social services transitional housing provided in detached dwelling units. As an example, up to three homeless shelters could be located within one apartment or condominium complex provided that each shelter is separated from other shelters by at least 400 feet. This option would apply to the RS, RM, BN, BC, and CC-F zoning districts, bnt only to units provided in a stacked or attached dwelling unit complex. Eliminate the 1,000-foot separation requirement only in the RM zoning district. Discussion: This option eliminates the t,000-foot separation requireme~;t for only those social service transitional housing units located in a ICM zoning district. All other zoning districts that permit social service transitional housing units (RS, BN, BC, and CC-F) would maintain the 1,000-foot separation requirement for social service transitional housing nnits. Elimination of the separation requirement would enable additional social service transitional housing units to be established within the multifamily zoning district, including those with existing social service transitional housing units. The underlying density of the RM zoning district is not increased with the elimination of the separation requirement, as the social service transitional housing unit would be established within an existing housing unit. Elimination of the separation requirement could create an appearance of over-concentration of social service transitional housing units within a ~nultifamily complex as the social service transitional housing units could be established next to another social service transitional Planning Commission Staff Report Social Services Transitional t lousing Code Amendment July 17, 2002 Page 6 EXHIBIT housing unit. Tile appearance of over-concentration [nay [lot be evident to those outside the complex. However, the elimination of any separation requirement may diminishes the ability of owners aud managers to mitigate any potential adverse impacts resulting from the close proximity of social service transitional housing units. Indeed, according to Daniel Lauber, AICP, "More than 50 studies show that community residences generate no adverse impacts on single-family districts if they are licensed and not clustered in a block?~ As an example under the separation elimination scenario, a homeless shelter locating in an RM zoning district could be established next to an existing homeless shelter in that same zoning district. This could include the addition of a homeless shelter to an apartment or condominium complex contaiuing existing homeless shehcrs. Reduction of tile separation requirement when limited in nature, such as reduced only for type A social service transitional housing proposals, or reduction only in RM zones, does not alter the overall regulatory nature of the development criteria and performance standards. To this end, staff recommends option C, the reduction of separation requirements only in RM zoning districts, be adopted. This code amendment and associated recommendation does not propose to eliminate the separation requirement in any form, nor does it propose to widen the use of social services transitional housing units in other zoning districts beyond those permitted. 1II REASON FOIl PLANNING COMMISSION ACTION FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: · To review and evaluate the zoning code text regarding any proposed amendments; · To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528; and, To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. IV PROCEDURAL SUMMARY May 4, 2002 May 18, 2002 July 17, 2002 Determination of Nonsignificance pursuant to State Environmental Policy Act End of SEPA Comment Period Planning Commission Public ltearing "Group Think"; Plamfing Magazine, October 1995. Planning Commission Staff Rcpo~. Social Services Transitional I lousing Code Amcndmcut July 17, 2002 Page 7 I V DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendment with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed ametMtnent is consistent with the aI~plicable provisions of the comprehensive pla,; Tile proposed FWCC text amendment is consistent with, and substantially implements, the following Federal Way Comprehensive Plan (FWCP) goals and policies: LUG 3 Preserve and protect Federal Way's single-family neighborhoods. LUP15 Protect residential areas from impacts of adjacent non-residential uses. HP40 Continue to permit emergency and transitional homeless facilities within the city. IfP 3 4 Remove existing regulatory barriers to siting special needs housing to avoid concentration and to ensure uniform distribution throughout all residential and mixed-use zones, subject to performance standards that protect residential amenity, ensure proper access, and maintain design standards. tfP3 7 Ensure that access to special needs housing is provided without d iscrim ination. tfP 41 Emergency shelters and transitional housing should be regulated to avoid concentration of facilities, mitigate impacts on surrounding uses, ensure that such housing is properly managed, and avoid significant impacts on existing residential neighborhoods. · The proi~osed amend,~ent bears a substantial relationship to public health, safety, or welfare; and Tile proposed FWCC text amen&nent permits the establishment of additional transitional housing units, which have a direct relationship to the public health, safety, and welfare of the homeless in Federal Way, while maintaining regulatory standards. 3. The proposed amendment is in the best interest of the residents of the city. The proposed FWCC text amend~nent maintains separation requirements for social services transitional housing units, yet ensures opportunities for transitional housing, which are in the best interest of the residents of the City. Planning Commission Staff Report Social Services Transitional I lousing Code Amendment July 17, 2002 Page 8 VI. PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planniug Commissiou may take the following actions regarding the proposed zoning code text alnendments: 1. Recommend to City Council adoption of the FWCC text amendment as propos'ed; 2. Modify the proposed FWCC text amendment and recommend to City Council adoption of the FWCC text amendment as modified; 3. Recommend to City Council that the proposed FWCC text amendment not be adopted; or, 4. Forward the proposed FWCC text amendment to City Council without a recommendation. VII STAFF RECOMMENDATION The following motion is suggested: "Move to recommend to tile City Council for adoption of the proposed FWCC text amendment: Modify tile RM Use Zone Chart to decrease the separation requirements for social services transitional housing units from 1,000 feet to 400 feet." (If changes occur as a result of Planning Commission deliberations add, "...as mnended by the Planning Commission.") VIII EXIIIBITS Exhibi! A - Exhibit B - Exhibit C - Exhibit D - Management Plan Guideline Use Zone Charts Permitting Social Services Transitional Housing Units (RS, RM, BN, BC, & CC-F) Report on King County Cities Transitional Housing Standards Proposed RM Zone Use Chart Modification IVOrE: The proposed antendments have been prepared in "line-in~line-out "format. with xtr4k, so~ts (proposed deletions) and underline (proposed additions) indicated. I:',i)OCUMI[NIMY, ocia[ Sv:i IIo~siag Code Amea&Pianalng Commission Staff ~.¢port 07- I'/412 doc Planning Commission Staff Report Social Services Transitional Itousing Code Amendment July 17, 2002 Page 9 EXHIE IT } EXHIBIT PAGE I~ ~ DEPARTMENT OF COMMUNIT MANAGEMENT SOCIAL SERVICE PLAN GUIDELINES TRANSITIONAL HOUSING Note to Applicants: Depending on your proposal, some items in these guidelines may not apply; if so, please indicate W/A. "Also, for some itenls you may not have complete infornlation at the time you subnlit your management plan. If so, please indicate when and how you will have the infornlation. For instance, item t18. a. applies to a neighborhood relations plan. You nlay not have completed this plan at the time you submit your flrojgosal. If that is the case, sinlflly describe the ]glan, how it will be im]2lemented, and when. However, at least two weed prior to the ptzblic hearing, any 1refinished itenlS that a[~ly to ¥our proposal should have been completed, and an updated plan or addendum to the original plan should be subnlitted to the city planner assigned to your pr_p.o[ect. APPLICANT I NFORHATION a. Project Name b. Project Address c. Agency/Applicant Name and Phone Number d. Agency Address EMERGENCY CONTACTS a. Name, phone number, and title of person who will serve as the primary contact for the overall management of the facility. (This should be the individual to whom staff are accountable and who will be available to city officials, if necessary, to resolve concerns pertaining to the facility.) b. Names and phone numbers of two emergency contacts available on a 24-hour basis. (One of these may be the person listed in a., above.) PROJECT OVERVIEW a. Provide an overall description of the project. At a nfinimum include: · Type of housing (such as transitional or ' emergency); · Type of clients (sud~ as families, men only, women only, crc.); · Target number of clients the project anticipates to serve; · Length of stay of residents (can bc · approximate; if indefinite, what factors will dcternfinc length of slay),?); If sd~ool-aged dfildren will or may reside in fl~e project, list rite local service schools (elementary, junior lfigh, and high sd~ool) and describe fl~e sd~ool transportation arrangements for these ddl&en (if none will reside in the project, please state); and, Maximum nmnber of residents, including resident staff if apl)licable, who will stay in facility at any one time. EXHIBI PAGE I Management Plan Guidelines - Social Service Transitional Housi?g Adopted July 5, 1995 Page 2 of 4 GOVERNING AGENCY INFORMATION a. State the full name of the agency under which the project W~ll be operated and the full name of any local governing board or administrative agency, if applicable. If the pa~-ent agency and the local governing board or administrative agency are one and the same, please state. b. Provide a brief history of this agency's experience with similar projects, preferably local and recent experience. Provide an organization chart o£the governing agency. Please attach copies of: · Non-profit tax status (501(c)3 or other tax exemption; · Agency financial statement and project budget; State license(s) required for this program; and, Liability insurance for rte governing agency (copy of liability insurance for the project site is required prior to occupanc3_,). STAFFING, SUPERVISION, AND SECURITY o a. List names, titles, and duties of all project staff, including any non-employee staff working as contractors or volunteers. b. List names and title of staff, if any, who will reside in the dwelling, either full or part time, and state their working hours. c. What is the staff-to-resident ratio? (Indicate if this includes resident staff.) d. Describe staff hiring policies, including required professional qualifications. e. Describe inservice training policies for staff. f. If the project will utilize contractor-consultants, explain how and when they will be utilized. g. If the project will utilize volunteers, explain how they will be used, trained, and supervised. h. How is the proposed level of staffing and supervision appropriate for these particular clients and their needs? Can adjustments to staffing and supervision be made should related problems occur? i. What is the program's visitor policy (hours, length of stay)? If not applicable to this clientele, please explain. j. What are the program's "house rules" to facilitate the orderly day-to-day operation of the program (noise/disturbance, curfews, housework, cooking, keeping pets, bathroom rules, alcohol policy, etc.). If not applicable to this clientele, please explain. k. What is the program policy regarding alcohol consumption? If none, please explain. 1. What is the program policy regarding keeping of firearms or other weapons? If no policy, please explain why. m. Does the program have at least one operating telephone accessible to all residents9. n. How will residents be trained in the use of emergency procedures7 Please describe. o. If the program will operate as a "safehouse" for victims of domestic abuse or violence, has the local police department been alerted? Have they reviewed the security plan for the site? PAGE Management Plan Guidelines -'Social Service Transitional Housing Adopted July 5, 1995 Page 3 of 4 PROGRAM AND CASE MANAGEMENT a. Describe specific elements of the case management plan that will apply to the-program (substance abuse and other counseling, health, or medical assistance; employment or job training; child care; food and clothing; financial assistance; transportation assistance; etc.). b. Describe screening and intake procedures. c. If this housing is transitional (as opposed to emergency), how will residents be assisted in locating permanent housing? d. If this housing is emergency (as opposed to transitional), how will clients b.e referred to appropriate agencies or programs? e. What local and regional social service programs and community support groups will the agency or stalTcollaborate with to provide maximum benefit to the residents? f. Please describe grievance procedures for residents and staff. g. -Describe exiting program and eviction procedures, ifapplicable. .............. h. Do any of the residents have medical or physical restrictions needing specialized attention? If so, please explain. PROPERTY INFORMATION AND ~]ANAGEMENT a. How dOes tile facility comply with applicable requirements for health, fire, building, and safety requirements? b. Are there federal or state requirements that apply to this facility, such as handicapped accessibility via the Americans with Disabilities Act (ADA)? If so, how will the facility comply? c. Describe the plan for maintenance and sanitation of the grounds and facility. At a nfinimum the plan should address: · Grounds: mowing, weeding, general · Structure: paint, get'~eral repairs; and cleanup; · Regular removal of garbage, junk, or debris. ~IEIGHBORHOOD RELATIONS PLAN AND PROXIMITY TO PUBLIC SERVICES a. Please describe the agency's plan for neighborhood relations. At a minimum, the agency should have a plan to meet with or notify neighborhood residents, describe the program, identify any neighborhood concerns, establish specific methods to address those concerns, monitor the success of those methods, and assure that adjustments to program operation will be made as necessary and appropriate to correct any problems that arise. b_ Explain how the site has convenient access to key places and services such as jobs, bus lines, shopping, health care providers, schools, recreation, and/or other services and facilities that these clients will visit on a regular basis, such as counseling agencies, churches, and social services agencies. EXHIBIT. PAGE Managemen! Plan Guidelines - Social Service Transitional t]ousing' Adopted July 5, 1995' Pag,~e 4 of 4 TRAFFIC b. INFORMATION What is thc anticipated trip generation of the project (number o£vehicle trips'per day)? How many parking stalls will be provided on site and bow will tlfis number be adequate to meet the parking demand? Do you anticipate any on-street parking as a result of this project? Does on-street parking currently exist in the vicinity? Describe bow thc appearance of the proposed paring area will be consistent with the character of surrouading uses. APPROVAL BY THE GOVERNING BOARD OR AGENCY The managen~ent plan must be signed by an authorized representative of the govenfing board or agency, which signature will constitute approval of the plan by the governing board or agency. IMGMTI }L~.N RI:~,'ISFI) 7/8/02 EXHIBIT PAGE ff § 22-633.5 PAGE I OF~ 22-633.2 Social service transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use.., THEN, across for REGULATIONS 2: Minimums ] Maximums ° i ZONE r"' Required Yards ~ ~ ~ ~ ~ ~ ~ ~ 'u ~ ~ ~ SPECIAL REGULATIONS AND NOTES " i, The facility will operate under a written management plan, ,pproved by the governing agency, board, or official, whidm must meet administrative standards, specifications, and requirements, which shall be adopted by the director of community development se~iees, and which shall be on file in the city clerk's office, and which shall be followed nnd have the Full ~orce and effect as if they were set fo~h in full in this ~.icle. 3. Where site development standards are not specified in this chapter, the city will determine appropriate requirements based on similar uses, d, ~oor nrea requirements, minimum sleeping areas, and bathroom facilities will be determined on n case-by-case basis. 5, Refer to } 22-946 et seq. to determine what other provisions of this chapter may apply to the subject prope.y. 5, Refer to Mticle XVII, Landscaping, for appropriate requirements. 7. Maximum lot covernge is ns Follows: n. In RS 35.0 = 50%. b. In RS 15.0 = 50%, e. In RS 9.6 = 60%. d. In RS 7,2 = 60%. e. In RS 5.0 = 60%. g. For sign requirements that apply to the project, sec Article 9. For community design guidelines that apply to the project, see Article XIX. Proces~ I, II. 1II and IV are described in [~ For other information about parking and parking i~reas, see ~ 22-1376 et seq, 22-351 - 22-356, 22-361 - 22-370, For details of what may exceed this height limit, see } 22-l Od6 et seq. 22-386 - 22-~ I 1, For details regard}ag required yards, see } 22-1131 et seq, 22-431 - 22-~60 respectively. 'Ord, No. 94-223, § 3(B), 10-18-94; Ord. No. 97-291, §'3, a-I-97; Ord. No. 9%333, § 3, 1-19-99) 22-669.5 Social service transitional housing. The following uses shall be permitted in the single-family residential (RM) zone subject to the regulations and notes set forth in this section: "' USE ZONE CHART - DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS cZ' Minimums [ ....... Maximums "'< ~ Required Yards ~ ZONE , USE ~ '5 .~ ~ ~ -g ~, 'r~ ?- ~ a SPECIAL REGULATIONS AND NOTES Social Process 7,200 20 ft. i5 ft. 5 ft. 60%" In'RM 3.6 Determined . The city may permnthe'se uses only if: Services Ili sq. ft and 2.4 on a a. The facility is distanced at least 1,000 ft. from any other facility under this classification. Transitional zones. 30 ft. case-by-case b. The facility and program secures and maintains all licenses and/or approvals as required by the state. Housing above aver- basis c. The subject property is situated in close proximity to, and has convenient access to, public transportation, shopping, "f3,. pe A OR age build- health care providers~ and other services and facilities frequently utilized by the residents of the property. ~,~pe 13 mg d. The program will be operated under the authority cfa reputable governing board, social service, or government agency, elevation, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns in RM 1.8 >ertaining to the facility. , zones, 35 ft. e. The facility will have staffing, supervision, and security arrffngements appropriate to the number of clients and to its above aver- hours of operation. age build- f, The facility will not create unreasonable impacu on traffic, public utilities and services or on nearby residences. mg g. The fncility has adequate off-street parking and the appearance conforms with the character of surrounding uses. elevation h. The facility is in compliance with applicable health, fire, building, and safety requirements. i. The facility will operate under a written management plan, approved by the governing agency, board, or official, which See note 4 must meet administrative standards, specifications, and requirements, which shall be adopted by the director of community development services, and which shall be on file in the city clerk's office, and which shall be followed and have the full force and effect as if they were set forth in full in this article,, 2. The city will determine the number of dwelling units or occupancy rooms or suites permitted in the proposed development based on the following criteria: a, The specific nature of the occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities within these units, rooms, or suites. c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design, and other design features of the proposed development. Continued on next page) Process l, II, III and IV are described in [ For other information about parking and parking areas, see § 22- 376 et seq. ~1 ~-386 - 22-t11, For derails of what may exceed this height limit, see § 22-10d6 et seq. '"l~-a31 - 22-a60 respectively. ... For details regarding required yards, see § 22-1131 et seq. 22-669.5 Social service transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS ;z: Minimums ] Maximums © ~ N Required YardsI ZONE I '~ ~ ~ ~ RM USE = '~ ~ ~ z ~ ~ ~ ~ $ ~ ff'~ ~ o ~ ~ ~ '~ ~ ~ SPECIAL REGULATIONS A~ NOTES .... 3. Floor area requirements, minimum sleeping areas, and bathroom facilities will be dete~ined on a case-by-case basis. 4. If any potion ora structure on the subject prope~y is located less thnn I00 ft. from an adjacent Iow density.zone, then either: a. The height of that potion bfthe structure shall not exceed 15 ft. above average building elevation; or b. ~e facade of that structure parallel to the Iow density zone shall not exceed 50 ft. in length. 5. Refer to ~ 22-946 ~t seq. to detemine what other provisions of this chapter may apply to the subject prope~y. 6. Refer to Article XVII Landscaping, for appropriate requirements. 7. For sign requiremenB that apply to the prQect, see Aflicle XVIII. 8. For community design guidelines that apply to the project, see Amicle XIX. ~rocess I, II, III and IV are described in ~ For other information about parking and parking areas, see ~ 22-1376 et seq. ~22-351 - 22-356, 22-361 - 22-370. 22-386 - 22-a 1 I, For derails of what may exceed this height limit, see ~ 22-1046 et seq. 22-431 - 22-d60 respectively. For details regarding required yards, see ~ 22-1131 et seq. Ord. No. 94-223, § 3(E), 10~18-9a; Ord. No. 9%291, § 3, 4-1-97; Ord. No. 9%333, § 3, 1-19-99; Ord. No. 01-385 § 3, 4-3-0i) 22-727 Social service trnnsitionnl housing. The following uses shall be permitted in the neighborhood business (BN) zone subject to tlne regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Z: ~ Minimums o ZONE ~ ~ Required Yards ~ BN o ~ ~ ~ ~ ,~ ~ ~ SPECIAL REGULATIONS AND NOTES USE ~ '~ ~ ~ o Social Process qone 20 ft.' ~0 ft." 0 ft. 35 ft. Determined 1. The city may permit these uses only if: :emices Ill ~ee notes 4 and 71 above on a case- a. The facility is distanced at least 1,0~) ft. from any other facility under this classification. trnnsitional average by-case b. The facility and program secures and maintains all liceuses and/or approvals as required by the state. c. The subject prope~y is situated in dose proximity to, and has convenient access to, public transportation, shopping, health cate housingtype building basis >roviders, and other services and facilities frequently utilized by the residents of the property. A or type B elevation d. The program will be operated under the authority of a reputable governing board, social semice, or government agency, or , vroprietor, to whom staff are responsible and who will ~e available to city officials, if necessary, to resolve concerns pertaining to the facility. See note a e. ~he facility will have staffiug, supemislon, and security arrangements appropriate to the number of clients and to its hours of operation. f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. The facility has adequate off-street parking aud the appearance conforms with the character of surroundiug uses. ~'. The facility is in compliance with applicable health, fire, building, and safety requirements. . The faci ty will operate u ~der a written management plan, approved by the governing agency, board, or official, which must meet administrative standards, specificat oas, and requirements, which shall be adopted by the director of community development services, and which shall be on file in the city clerk's office, and which shall be followed and have the full force aud effect as if they were set fo~h in full in this a~icle. 2. The city will determine the number of dwelling units or occupancy rooms or suites permiued in the proposed development based on the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities within these units, roon3s, Or Suites. c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design, anti other design features of the proposed development. 3. Floor area requirements, minimum sleeping areas, and bathroom facilities will be determined on a case-by-case basis. 4. If auy portion of a structure on the subject property is within 1~ ft. of a single-family resideutial zone, then that portion of the structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of 20 ft. from the vropeny line of the residential zone. 5. No maximum lot coverage is established. Instead. the buildable area will be determined by od~er 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 A~icle XIX. 7. For landscaping requirements that apply to the project, see A~icle XVII. 8. For sign requirements that apply to the project, see A~icle XVIII. ¢tRefer to } 22-946 et seq. to determine what other provisions of this chapter may apply to the subject properly. .. ~ ~2-351 - 22-356, '~ ~2-361 - 22-370, .For details of what may exceed this height limit, see } 22-1046 et seq. ~2-386 - 22.a11, For details regarding required yards, see } 22-I 13I et seq. O ~2-431 - 22-~60 respectively. No. 94-233, § 3(0), 10-18-94; Ord. No. 96-270, {} 5, 7-2-96; Ord, 2:2-760 Social service transitional housing. The following uses shall be permitted in the community business (BC) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN', across for REGULATIONS Z Minimums ~ ~ Required Yards ~ ZONE ' BC USE ~ '~ g ~ ~ ~ ~ ', . ~ SPECIAL REGULATIONS AND NOTES Social Process 4one 20 ft.0 ft. 9 ft. 35 ft. Determined I. The city may permit these uses only if: semites III See notes 4 and 7 above on a case-by- a. The facility is distanced at least I,~0 ft. from any other facility under this classification. b. The facility and program secures and maintains all licenses and/or approvals as required by the state. transitional average case basis c. The subject prope~y is situated in close proximity to, and has convenient access to, public transportation, shopping, heahh care housing type building )roviders, and other services and facilities frequently utilized by the residents of the propemy. & or type B elevation d. The program will be o~rated under the authority bfa reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to See note I the facility. e. The facility will have staffing, supervisiou, and security a~angements appropriate to the number of clients and to its hours of operation. f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. g. The fac ty has adequa e off-street parking and the appearance conforms with the character of surrounding uses. h. The facility is in compliance with applicable health, fire, building, and safety requirements. i. The facility will operate under a written management plan, approved by the govemingagency, board, or official, which must meet administrative standards, specifications, and requirements, which shall be adopted by the director of community development services, and which shall be on file in the city clerk's office, aad which shall be followed and have the full force and effect as.if they were set forth in full in this a~icle. 2. The city will determine the number of dwelling units or occupancy rooms or suites permitted in the proposed development based on the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities within these m~its, room~, of c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design, and other design features of the proposed development. 3. Floor area requirements, minimum sleeping areas, and bathroom facilities will be determiued on a case-by-cuse basis. ~. If any ponion of a structure ou the subject property is within 1 ~ ft. of a single-family residential zone. then that portion of the · structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of 20 ft. from the property line of the residential zone. Continued on next page) ~ 22-351 - 22-356, 22-361 - 22-370, .. For details of what may exceed this height limit, see ~ 22-1046 et seq. 22-386 - 22-411, ~ For details regarding required yards, see ~ 22-1131 et seq. ~ 22~31 - 22-a60 respectively. I 22-760 Social service transitional housing. (Continued) ' ' ' USE ZONE CHART DIRECTIONS: FIRST, read down to find use,.. THEN, across for REGULATIONS .... 7: Mi~imurns ~ ~ Required Yards U ZONE " BC USE ~ '~ .~_ ~ ~ ~ ~ g= g ~ ~.ff >~ ~ ~* ~ ~ .m~'s ~ SPECIAL REGULATIONS AND NOTES . ....... ' .... 5. No ma'ximurn'lot coverage is e;i'ablished. 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 Article XIX. 7. For landscaping requirements that apply to the project, see Article XVII. $. For sign requirements that apply to the project, see Article XVIII. 9. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. I0. If approved through the specified review process, the height ora structure may exceed 35 ft. above average building elevation, to a maximum of 55 ft., if ail of the following criteria are met: a. The additional height is necessary to accommodate the particular use conducted in the building; and b. The subject property does not adjoin a residential zone; and c. Each required yard abutting the structure is increased'one ft. for each one ft. the structure exceeds 35 ft. above average building elevation; and d. The increased height will not block views designated by the comprehensive plan: and e. The increased height is consistent with goals and policies for the area of the subject property, as established by the comprehensive plan. Process I, II, III and IV are described in [~For other information about parking and parking areas, see § 22-1376 et seq. §§ 22-351 - 22-356, 22-361 - 22-370, . For details of what may exceed this height limit, see § 22-1046 et seq. 22-386 - 22-411, For details regarding required yards, see § 22-I 131 et seq. 22-431 - 22-460 respectively. ... Ord. No. 94-223, § 3 (G), 10-i8-94; Ord. No. 96-270, § 5, 7-2-96; Ord. No. 97-291, § 3, 4-1-97) 22-811 Social service transitional housing. The following uses shall be permitted in the city center frame (CC-F) zone subject to the regulations and notes set forth in th is section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use,., THEN, across for REGULATIONS z Minimums o ZONE ~ ~ Required Yards ~ CC-F ~ ,~,V' ~ ~, ~ .... · - ~ ~ ~ ~ ~ ~"~ SPECIAL REGULATIONS AND NOTES USE ~ '~ ,~ ~ ~o ~ '~ Social Proces's None 20 ft. 3 ft. 0 ft. 35 ft. Determined 1. The city may permit these uses only if: "services III ;ce notes 4 and 7 above on a case-by- a. The facility is distanced at least 1,000 ft. from any other facility under this classification. transitional average case basis b. The facility and program secures and maintains all licenses and/or approvals as required by the state. housing building c. The subject property is situated in close proximity to, and has convenient access to, public trausportation, shopping, health type A or elevation care providers, and other services and facilities frequently utilized by the residents of the property. type B d, The program will be operated under the authority of a reputable governing board, social service, or government agency, See note 4: or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns ,ertaining to the facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of clients and to its hours af operation. f. The facility will not create unreasonable irnpacts on traffic, public utilities and services or on nearby residences, g. The facility has adequate off-street parking and the appearance conforms with the character of surrounding uses. h. The facility is in compliance with applicable health, fire, building, and safety requirements. i. The facility will operate under a written management plan, approved by the governing agency, board, or official, which must meet administrative standards, specifications, and requirements, which shall be adopted by the director of community development services, and which shall be on file in the city clerk's office, and which shall be followed and have the full force and effect as if they were set forth in full in this article. (Continued on next page) Process 1, 11, Ili and IV are described in ~For other information about parking and parking areas, see § 22-1376 et seq. §§ 22-351 - 22-356. 22-361 - 22-370, ..- For details of what may exceed this height limit, see § 22-1046 et seq. 22-386 - 22-41 I, . For details regarding required yards, see § 22-1131 et seq. 22-431 - 22-46(I respectively, 22-811 Social service transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use.., THEN, across for REGULATIONS ' ,, z Minimums o ZONE ~ ~ Required Yards CC-F USE = .~ .~ ~ ~ ~, ,~ .~ ~ g. v~ SPECIAL REGULATIONS AND NOTES :< ~ ~ r, ~ '2. The city will determine the number of dwelling units or occupancy rooms or suites permitted in the proposed development based on the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities within the~e units, rooms, or suites. c, The impacts on nearby residential uses of the proposed development. 3. Floor area requirements, minimum sleeping areas, and bathroom facilities will be determined on a case-by-case basis. 4. If any portion of a structure on the subject property is within 100 ft. of a single-family residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation and the structure shall be set back n minimum of 20 ft. from the property line of the residential zone. 5. No maximum 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 Article XIX. 7. For landscaping requirements that apply to the project, see Article XVII. 8. For sign requirements that apply to the project, see Article ×VllI. 9. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. Process I, 1I, Ill and IV are described in { For other information about parking a!~d parking areas, see § 22-1376 et seq. §§ 22-351 - 22-356, 22-361 - 22-370, For details of what may exceed this height limit, see § 22-1046 et seq. 22-386- 22-411, , ,,For details regarding required yards, see § 22-I131 et seq. 22-431 - 22-460 respectively. Ord. No, 96-270, § 5, 7-2-96); Ord. No. 97-291, § 3, 4-1-97) "Separation Requirements for Transitional Housing" Page 1 o f 1 Introduction This report contains the results of a phone survey of planners in Auburn, Kent, Renton, Kir~and, Des Moines and Bellevue regarding their city codes' separation requirements for transitional housing or other housing designations equivalent to "social service transitional housing," as defined in Chapter 22 of dm Federal Way City Code. In addition to telephone interviews, I also searched dm city codes for each jurisdiction using key words related to transitional housing. Telephone interviews validate d~e findings of dm city code'gearches. Results follow. A ill) I1 rn Auburn currently has no codes regulating transitional housing per se. ~ The city Inay, in certain circmnstances, treat transitional housing as group residence facilities, defined in Chapter 18.04.440, hoxvever, development standards applicable to such facilities do not specify mLt~kmum separations2 (see Appendix A for this chapter and codes secdons referenced in iD. Chapter 18.48.090, "ltTork release, pre-release and similar fad/tries," does contain dispersal criteria, wlfich require, a minhnum 1,000 feet frown several kinds of use, including such firings as residential, group home and park (see Appendix A for details of this section). Tits was fl~e only mention of separation requirements I came across during my research. ~I]ae situation in other jurisdictions I contacted - including Kent, Renton, Kirldand, Des Moines and Bellevue - is essentially shnilar to Auburn with respect to transitional housing and separation requirements for transitional housing: for the most part, they have not codified a distinction betxveen transitional housing and either single-fanfily or multi-family housing; · where they have made a distinction, it is for a linzited purpose, such as setting maximmn occupation or maximum length of stay3; · and in no case do development standards related to such housing address separation or dispersal. I've summarized below what I learned in phone calls to each of the cities named above. Kell{ Kent City Code does define transitional housing, and transitional housing is a principally l)ermitted use in the city's GC and CM2 zones, where it is limited to 20 residents at any one ~ From Shirley Aird, plammr for housing and social services; 253-804-5040. 2 Codes regulating or setting special standards, such as separation requirements, for special kinds of housing have been found to be unconstitutional in some cases, according to the Auburn plammr. ~ Kent City Code 15.02.528 Transitional housing; Transitional housing mea~ts a facility operated publicly or privately to provide housing for individuals or fanfilics who are otherwise ho~neless and have no other inunediate living options available to them. Transitional housing shall not exceed an eighteen (18) month period per individual or family. (Ord. No. 2832, {} 1, 2-21-89)EXHIBIT ~ PAGE, I "Separation Rcquiren~ents for Transifonal Housing" Page 2 of 2 time and four resident staff. However, development standards do not sPecify seParation ' r~quirements.~ Renton Renton's zoning code does not address transitional housing. The types of uses 'typically identified as transitional - homeless shelters, domestic violence safe houses, etc. - are regulated as either as single-family residential or multi-family residential uses, depending on the configuration,s Kirkland IChrkland's zoning code does not address transitional housing. Transitional housing is treated simply as single-family or multi-family residential housing, without any separation requirements .6 Des Moines Transitional housing is addressed with code for single- or multi-family housing; Des Moines' code addresses neidmr transitional housing nor separafon for single- or multi-family housing se. tying as transitional housing] Bellevue Bellevue City Code does not define transitional housing, which is treated essentially as family housing.8 There are neither development standards applicable to transitional housing nor separation requirements for any family housing. While Bellexme has, in the past, distinguished transitional housing from other housing and applied special development standards to it, they no longer do so. City code has been amended to remove these secfons, the result of past lifgafion. A_p_pendix A Au~,~rn Cit_y~Code "Group residence facility" means a facility licensed by thc state and operated with full-thnc supervision for housing resident persons who, by reasons of their mental or physical disability, addiction to drags or alcohol, or family and social adjustment problems, require a transitional nonmedical treatment program for rehabilitation and social readjustment. For the purposes of tiffs rifle, a nonmedical treammnt program consists of counseling, vocafonal guidance, training, group therapy and other shnilar rehabilitative setwiccs but does not From Matt Gilbert, Kent planner; 253-856-5454. From Loraine Nicolai, Renton planner; 425-530-7294. From Dawn Nelson, Kirldand planning supervisor; 425-828-1131. Frotn Corbitt Loch, Des Moines planning manager; 206-870-7576. From Carol lfelland, Bellevue land-use division director; 425452-2724. EXHIBIT.!'0 PAGE 2.- "Separation Requirements for Transitional HoUsing'' Page 3 of 3 include drug and/or alcohol detoxificafion. Monitoring' the taking of prescription medication shall be permitted. The use of medication by any resident shall be incidental to that person's residence in the facility and shall not be a criterion for residence in the facility. This de£mition does not include residential dwellings wlfich meet all other requirements of this title, that provide programs related to ti/is de£mition or which provide services of a nursing home as de£med by ACC 18.04.660. (Ord. 4590 [ 2 (Exh. A), 1992; Ord. 4304. [ 1(2), 1988; Ord. 4229 [ 2, 1987.) 18.16.030 Uses requiring permit. Thc folloxving uses may be permitted in an R-3 district when a conditional use permit has been issued pursuant to tim provisions of Chapter 18.64 ACC: A. Boardinghouses; B. Daycare, limited to mini daycare center, daycare center and preschool/nursery schools; C. Duplexes, more than one per lot; D. Foster care homes; E. Government facilities; G. Multiple family dwellings; provided, that 3,600 square feet of lot area is provided for each dwelling unit, and is lhnited to four dwelling units per structure; H. Museums; I. Nursing homes; j. Professional offices; K. Religious insfmtions; L. Utility substations. (Ord. 4229 [ 2, 1987.) 18.16.040 Develop~nent standards. Development standards in an R-3 district are as follows: A. Minhnum lot area for single-fan41y dxvelhngs: 5,000 square feet; B. Mmmmm lot area for two-family dwellings (duplexes): 7,200 square feet. Exism~g platted lots of 7,000 to 7,200 square feet in area may be alloxved to construct a duplex; C. Minimum lot area per dwelling milt: 3,600 square feet; D. Minhnum lot widtl~: 60 feet; E. Minimum lot depth: 80 feet; F. Maximum lot coverage: 40 percent; G. Minhnum yard setbacks: 1. Front: 20 feet, 2. Side, interior: five feet, 3. Side, street: 10 feet, 4. Rear: 25 feet, 5. Accessory structures shall meet :~11 the required setbacks of the zone xvith the exceplion that the rear yard setback may be reduced to five feet; provided, that any structure with a vehicular entrance from a street (public or ptivate) or public alley shall be set back a minimum of 20 feet; H. Maxhnum building height: 1. Main buildings: two and one-half stories not to exceed 30 feet, EXHIBITI'd , "Separation Requirements for Transitional Housing" Page 4 of 4 2.'Accessory buildings: one story not t(~ exceed 16 feet; I. Fences and hedges: see Chapter 18.48 ,&CC; j. Parking: see Chapter 18.52-ACC; K. Landscaping: see Chapter 18.50 ACC; L. Signs: sec Chapter 18.56 ACC. (Ord. 4229 ~ 2, 1987.) The following uses may bc permitted in an R-4 district when a conditional use permit has bcen issued pursuant to the provisions of Chapter .18.64 ACC: A. Civic, social and fraternal clubs; B. Daycare limited to mini daycarc, daycare center, preschools or nurset3r schools; C. Foster care homes; D. Government facilities; ~;~6q5~i5 ~cslaence~ff~c~ F. Hospitals (except animals); G. Nursing homes; I-I. Professional offices; I. Religious institutions; J. Utility substations. (Ord. 4229 [ 2, 1987.) 18.18.040 Development standards. Development standards in an R-4 district are as follows: A. Minimum lot area: 7,200 square feet; B. Minhnum lot area per dwelling unit: 2,400 square feet; C. Minimmn lot width: 50 feet; D. Minimunr lot depth: 80 feet; E. Maximum lot coverage: 55 percent; F. Minimum yard setbacks: 1. Front: 20 feet, 2. Side, interior: five feet, 3. Side, street: 10 feet, 4. Rear: 25 feet, , 5. Accessory structures shall meet all the required setbacks of the zone with the exception that the rear yard setback may be reduced to five feet; provided, that any structure wid~ a vehicular entrance from a street (public or private) or public alley shall be set back a minimum of 20 feet; G. Maxhnum building height: two and one-half stories not to exceed 30 feet; H. Fences and hedges: see Chapter 18.48 ACC; I. Parking: see Chapter 18.52 ACC; j. Landscaping: sec Chapter 18.50 ACC; I<L Signs: see Chapter 18.56 ACC. (Ord. 4229 [ 2, 1987.) 18.48.090 Work rclcasc, prcrclcasc and si~nilar facilities Thc following siting and performance standards shall apply to all work release, prcrcleasc and sinfilar facilities offering alternatives to hnprisomnent: A. Maximum number of residents: No work rclease, prcrcleasc or similar facility shall housc more than 50 persons, excluding rcsident staff. B. Dispcrsion criteria: EXHIBiTI. O-,, "Separation Requirements for Transitional Housing" Page 5 of 5 1. Thc lot linc of any new or expanding work release, prcrelease or s/milar facility shall be located: a. 1,000 feet or more from any residential zone; and b. 1,000 feet or more from anY:group residence facility as defined~by ACC 18.04.440; and c. 1,000 feet or .more ,fr0m.any{a.~ci~¢di~,ed;~publi¢,~.: private :.or p,aro¢~l school, excludir!g,commerCial S'cl~°61S .Such as .bUSiness, g;oCafion~l}~)r technical sdh00is; and d. 1,000 feet or more fr6m:~/fi~:~-reli,~ious'instimtion meetini3.?~:thk requirements of a (:on fi'~rming use and mc.c(ing all oth'er;:~eqUir'emE~tS of the Auburn City Code; and e. 1,000 feet or mbrc from any. p~blic park;and f. ,1,000 feet.'6r mo~e fro:n.imy lice'ns'cd {laycare ccn~er, nm'se~ v or l)reschobl'hs 'defim'd by ACC 'J 8.04.290; an(l g.~One mile; or m(')~e ft'(m~ :mv'titlWr w()rl.; tclc:tse, sinfilar facility. 2. The distances provided in this subsection shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located or expanded, to the nearest point of the parcel of property or the land use district boundary line from xvhich the proposed land use is to be separated. C. Each facility shall provide on-site dining, on-site laundry or laundry service, and on site recreation facihties to serve the residents. D. A conditional use permit apphcafion for a work release, prerelease or sitmlar facility shall be accompanied by proposed operating roles for the facility. These proposed rules shall be reviexved by the planning director in consultation with the chief of police and the city attorney. The planmng director shall include in an), recommendation on the requested conditional use permit an analysis of the proposed rules as they may relate to the findings of fact required under ACC 18.64.040. (Ord. 4590 [ 7 (Exh. F), 1992.) EXHIBITj'O-' PAGE OF 22-669.5 Social sera'ice transitional housing. The following uses shall be permitted in the ~n2!e--hmgy multifamil~ residential (RM) zone subject to the regulations and notes set forth in this section: USE ZONE CHART m DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS O Min"mums M,xximums t--,Required Yards ZONE USE ~ ~ 5 ~ ~ ~ 5 = ~ ~ = SPECIAL REGULATIONS AND NOTES Social Proces~ 7,200 20~. SR. ~Sk.' ..... 60% In~3.6 Deiemine'h l'}' The ciw may pemit these uses oniy if: Semiees III sq. ~. and 2.4 on a case- a. ~e hciliW is distanced at le~t ~ 40~ ~. from any other faciliu' under this cl~sification. Transitional zones, 30 ~. by-case b. ~e hciliW and program secures and maintains all licenses and/or approvals ~ required by the state. Housing above basis, c. The subject prope~ is situated in close proximiW to, and h~ convenient access to, public transpomation, Type A OR average shopping, health care providers, and other sewices and hcilities frequently utilized by the residents of the prope~. Type B building d. The program will be operated under the authoriW ora reputable governing board, social semite, or government elevation. In agency, or proprietor, to whom staffare responsible and who will be available to ciW officials, ifnecessau, to ~M 1.8 zone, resolve concerns pe~aining to the heili~. 35 h. above e. The heili~ will have staffing supewision, and securiw awangements appropriate to the number of clients and average to its hours of operation. building f. The hciliW will not create unreasonable impacts on traffic, public utilities and semites or on nearby residences. elevation g. The faciliW has adequate off-street parking and the appearance confo~s with the character of suwounding ~ses. See note 4 h. The hcility is in compliance with applicable health, fire, building, and safew requirements. i. The hciliW will operate under a wri~en management plan, approved by the governing agency, board, or official, which must meet administrative standards, specifications, and requirements, which shall be adopted by the director of community development semites, and which shall be on file in the ciW clerk's office, and which shall be followed and have the full force and effect ~ if they were set fo~h in full in this amicle. 2. The ciW will dete~ine the number of dwelling units or occupancy rooms or suites petalled in the proposed development based on the following criteria: ~ a. The specific nature of the occupancy and the persons that will be housed in the proposed development. ~ b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the hcilities within these units, rooms, or suites. c. The impacts on nearby residential uses of the proposed development. ~ d. The architecture, site design, and other design features of the proposed development. ~ (Continued on next page) [ For other infomntion about parking and parking areas, see ~ 22-1376 et seq. ~I~ ~dW~redescfibedin ~ ~51 -- 22-356, ~22 ~370 ~86 ~11, For detail~ of what may exceed this height limit, see ~ 22-10d6 et seq. 22 t31~ 22~60, respectively. For delnJls regarding required yards, see } 22-113I et seq. EXHIBIT~'_.~____ PAGE 2 OF m m~ Exhibit 2 Planning Commission Meeting Minutes From the July 17, 2002 meeting .... · " City of Federal Way ..:' .. . , , , . ~,~,,~ ...... ,~,, ,~ .......... Jul 17,2002 , · . '.~ '. ~ , .. MEETING SUMMARY Commissioners present: John Caulfield, Hope Elder, Bill Drake, Dini Duclos, Dave Osaki, and Grant Newport. ' Commissioners absent (excused): Nesbia Lopes. Alternate Commissioners present: None. Alternate Com~nissioners absent (excused): Christine Nelson (Tony Moore and Marta Justus Foldi were also absent). Councihnember present: Mayor Jeanne Burbidge. Staff present: Community Development Services Director Kathy McChmg, Associate Planner Deb Barker, Associate Planner Jane Gamble, City Attorney Bob Sterbank, and Administrative Assistant E. Tina Piety. Chair Caulfield called the meeting to order at 7:00 p.m. APPROVAL OF SUMMARY The May 15, 2002, meeting summary ~vas approved with two minor changes: on page 2 under Public Testimony, the second sentence, "Hi parents" should be "His parents"; and at the bottom of the page, the meeting was adjourned at 8:21, not 7:21. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT Moved to the end of the meeting. COMMISSION BUSINESS PUBLIC HEARING - Social Services Transitional Housing Units Code Amendment The Public Hearing xvas opened at 7:05 p. m. Commissioner Hope excused herself from this hearing because she is a member of the Federal Way Community Carcgiving Network Board. Ms. Barker presented that staff report. As part of its regular review of development regulations, staff has identified thc need to amend the separation requirement for social services [rausilioual housing trails. Currently, 1,000 feet must be separate a social services transitional housing unit fi'om any other social services transitional housing unit. Staff researched five ways this requirement could be amended: a. Reduce the 1,000-foot rcquiremeut to 400 feet for all zoning districts. b. P, educe the 1,000-1hot requirement to 400 feet tot' only type A social services transitional housing unit in all zoning districts. EXHIBIT, PAGE l _OF Planning Commission Summary Page 2 July 17, 2002 Co Reduce the 1,000-foot requirement to 400 feet only i.n the. RM zoning district. ' · Reduce the 1,000-foot ~'equirement to 400 feet for all zoning districts that permit multifamily dwelling' units,, provided that no more than three social service transitional housing units per multifamily complex 'can be established. e. Eliminate the 1,000-foot separation requirement only in the RM zoning district. Staff recommends option c, "Reduce the 1,000-foot requirement to 400 feet only in RM zoning district." This would allow a social services transitional housing unit to locate in a condominium where another exists, so long as 400 feet separates them. This option reduces separation parameters in a limited but nonetheless valuable way, and creates the least impact on the City as a whole. The Commission asked why was a 1,000-foot separation originally chosen? Staff replied that there is limited background information and the reason for choosing 1,000 feet is not addressed. However, there is some case law from another circuit court that discusses the therapeutic reasoning behind having a separation and 1,000 feet is common in other jurisdictions. It was asked why should there be any separation? Staff indicated that currently, there are six social services transitional housing units (Type A) in the City under these provisions. (There may be others that started before these provisions came into affect, and there are some other types of "group" homes in the City.) Social services transitional housing units of this type have stringent requirements. There is the 1,000-foot separation and the unit is governed by a management plan submitted to the City, which requires monitoring of those who live in the unit. Another aspect governing the location (and number) of these types of units is the cost of a condominium. FUSION (Friends United to Shelter the Indigent, Oppressed, and Needy) is the only provider of these units in the City. They have informed the City that the need is great for this type of housing, but because of the 1,000-foot separation, there is no affordable units left in the City. When the provisions were first in place, there were many questions about the suitability of the units by others living in the condominiums where the units were placed. FUSION has been responsible in answering questions and monitors the units closely. They are quick to respond to problems. There are still some questions when a new unit is proposed, but not as many. None of the applications for the six units were appealed. The Public Testimony was opened at 7:30 p.m. Linda Rasmussen, Regional Director of YWCA - Her agency contracts with FUSION to proved case management to existing social services housing units. They have 27 unsolicited applications for one housing unit. Their requests for such housing are up 20 percent. She encouraged the Commission to take the most flexible approach. She told the Commission stories of some families and how having secured housing has allowed them to succeed. Beverly Kim, FUSIONBoardmember - She stated that homelessness is a huge social problem and the need for housing is great. Caseworkers match the families to others residing in the condominium. The families receive weekly case management from the YWCA, who in turn sends a monthly report to FUSION. Since they started providing this housing, FUSION discovered that many of the women had problems with such issues as budgeting. They now contract with outside agencies/individuals to provide advice/training to the women on such issues as budgeting and how to be good neighbors and citizens. Since starting their program, 75 percent of those on the program have found permanent housing. On average, a family will stay in a social services transitional housing unit for six to twelve months. K:~Planning Commission~2OO2~{eetlng Summary 07-17-02 doc/Last printed 07/31/2002 0303 PM EXHIBIT PlanningCommission Summary ' Page 3 July 17, 2002 Susie 'Horan, Coldwell Banker General Manager - They have helped.purchase the six units. She is familiar with the price range of condominiums and noted there are few units that fit into the affordable range. Of those that are affordable, there is now a social services transitional housing unit in each of them. FUSION has volunteers ready to help .provide another unit, but cannot do anything until the code is changed. She stated that FUSION has become a model to other communities on how to provide this type of housing. She would prefer the Commission choose option e (eliminate the 1,000-foot separation). Other cities do not have setbacks and the restriction is not needed because there are enough people to oversee the program. Changing to a 400-foot separation may double the number of units, but it also depends on where in the condominium the current unit is situated (if it is in the middle of the condominium, there may not be 400 feet between it and any other unit) and a unit must be for sale that is 400 feet away from the current one. Peggy LePorle, Founding Member of FUSION- She stated the need is great. FUSION is an all volunteer organization. In their nine years of operation, there have been few problems. Problems that arise are dealt with im~nediately. They keep in contact with the homeowners association, who calls the case manager if there are any problems. In 1993, the need was not as great and the 1,000-foot separation was not a problem. Now that the need for the housing has grown, the 1,000-foot separation has become a problem, If the need continues to grow, 400 feet may become a problem. If the restriction remains in place, they will have to purchase higher cost units. This could mean a higher cost to the City because they use Community Development Block Grant (CDBG) funds. Public Testimony was closed at 7:50 p.m. The Commission asked what is the risk to the City if the separation is changed? Staff replied it is a negligible risk. There have been relatively few problems. Staff questioned apartment mangers with these units and they said they have almost no problems. This does not mean that problems will never happen. The Public Hearing was closed at 7:55 p.m. It was m/s/c to accept the staff recommendation and forward it on to the Land/Use Transportation Committee (LUTC). Further discussion was held on eliminating the separation requirement, but it was felt that because of a current volatile situation, it is best to have a separation requirement. PUBLIC HEARING - Miscellaneous Code Amendments The Public Hearing was opened at 8:03 p.m. Ms. Gamble presented that staff report. There are four miscellaneous code amendments for the Commission to consider: Definition of High-Density Residential Use, High-Density Residential Zone, Low-Density Use, Low~DensiO~ Zo~e, Medium-Density Use, and Medi~m~-De,siO, Zone - These definitions provided in tile Federal Way City Code (FWCC) are not consistent with the same words defined in the Federal Way Comprehensive Plan (FWCP). The proposed changes will bring the FWCC into alignment with FWCP definitions. In addition, high-density residential use and medium- density use definitions would be removed from the FWCC because they are not referenced anywhere in either the FWCC or FWCP. Keeping of,4.imals - The proposed changes will clarify the applicability of the provisions for keeping animals in FWCC Sections 22-981 to 22-987, and will identify animals as all allo~ved use in each of tile FWCC zoning charts. EXHIBIT PAG % Planning Commission Summary Page 4 JulY, 17, 2002 Co Affordable Housing Regulations - It is necessary to delete the reference to "countywide planning policies" in FWCC Section 22-967(b) because they do' not "establish" specific affordability numbers, just thresholds and policies. Do Quasi-Judicial Rezones - Add the criterion that, "The rezone has merit and value for the community as a whole" to FWCC Section 22-488(c)(2). The criterion is in keeping with neighboring jurisdiction's rezone criteria. There was no Public Testimony and very little Commission discussion. The Public Hearing was closed at 8:12 p.m. It was m/s/c (unanimous) to accept the staff recommendation and forward it on to the LUTC. ADMINISTRATIVE REPORT Ms. McClung gave the administrative report. The Commission hasn't met often because staff has been working on other studies (i.e., PAA study, downtown market study, and permit process). For the PAA study, an inventory of the PAA has been completed. For the downtown market study, staff plans to present a completed study to the LUTC at their second meeting in August. Updated statistics have become available and staff wants to ensure the study is accurate. The stakeholders group has met three times on the permit process. There was a good response to the survey. We have hired a consultant to look at our practices and those of other cities. The Department reinstated Over the Counter Permits in April. It took awhile for the program to become popular, but now there is a four-week wait for an appointment. In light of this, we have added two more appointment times for the summer months. There will be a vote on housing targets next week. If all goes well, the City's housing target will be reduced. SEPA has been issued on the 2002 Comprehensive Plan Update. It will come to the Commission in September. Single-family residential permits are up. Last year we issued 50 permits, currently this year we have 56 waiting for review. An Environmental Impact Statement will be done for Christian Faith Center. Pavilion Centre II has an application in for upgrades and new stores. Work is being done on a number of high schools and churches. Six Flags continues to expand Enchanted Parks. The number of land use applications currently exceeds all past years. The Expansions of Nonconforming Residential Uses and Structures that the Commission dealt with on May 15, 2002, have been adopted. ADDITIONAL BUSINESS None. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 8:32 p.m. K:LPlanning Commissionk2002~teeting Summary 07-17-02 &m/1.ast printed 07/31/2002 0303 Phi EXHIBIT pAfll Exhibit Draft Ordinance for Social Services Transitional Housing Code Amendment CITY OF FEDERAL WAY _ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE, CHAPTER 22 SECTION 22- 669.5 BY REDUCING SEPARATION REQUIREMENTS FOR SOCIAL SERVICES TRANSITIONAL HOUSING UNITS. WHEREAS, amendments to the Federal Way City Code (FWCC) text are attthorized pursuant to FWCC section 22-216 pursuant to process VI review; and WHEREAS, the City of Federal Way City Council has considered a proposed change to the FWCC to reduce the separation requirement for Social Services Transitional Housing Units (Proposal); and WHEREAS, the Federal Way City Council, pursuant to FWCC section 22-517, having determined the Proposal to be worthy of legislative consideration, referred the Proposal to the Federal Way Planning Commission for its review and recommendation; and WHEREAS, the Federal Way Planning Commission, having considered the proposal at a Public Hearing on July 17, 2002, pursuant to FWCC section 22-534, and all public notice having been given pursuant to FWCC section 22-52l; and WHEREAS, following the public hearing, the Planning Commission submitted to the Land Use and Transportation City Council Committee its recommendation in favor of the staff recommendation to reduce the setback requirement for Social Services Transitional Ord. // , Page I Housing Units from 1,000 feet 'to 400 feet only in the Multifamily Residential (RM) zoning district; and WHEREAS, an environmental Determination of Nonsignificance (DNs) was issued for the Proposal on May 4, 2002, and no comments were received; and WHEREAS, the Federal Way Land Use and Transportation City Council Committee, on August 5, 2002, considered the recommendation of the Planning Commission and moved to forward the Planning Commission recommendation to the Full City Council; and WHEREAS, the City Council considered the proposal at it's August 20, 2002 meeting; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the Proposal and the proposed amendment to the Federal Way City Code (FWCC): A. The City of Federal Way adopted the Social Services Transitional Housing code provisions in a 1994 code amendment, permitting the use in the Single Family Residential (RS), Multifamily Residential (RM), Neighborhood Business (BN), Community Business (BC) and City Center -Frame (CC-F) zoning districts. There are specific criteria that each application must meet before approval. B. The separation requirement that requires the use be distanced at least 1,000 from any other facility in this classification has proved to be difficult to the establishment of additional social services transitional housing units in the RM zoning district according to the current known provider. Ord. # , Page 2 C. Staff analyzed five options for modification to the social services transitional housing unit seParation requirement and .proposed that the separation requirement be modified to 400 feet only in RM zoning districts. Section 2. Conclusions. Pursuant to FWCC Section 22-216 and 528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes tile following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: The proposed FWCC text amendment is consistent with, and substantially implements, the following Comprehensive Plan goals and policies: LUG 3 Preserve and protect Federal Way's single-family neighborhoods. LUPI5 Protect residential areas from impacts of adjacent non-residential uses. HP40 Continue to permit emergency and transitional homeless facilities within the city. HP34 Remove existing regulatory barriers to siting special needs housing to avoid concentration and to ensure uniform distribution throughout all residential and mixed-use zones, subject to performance standards that protect residential amenity, ensure, proper access, and maintain design standards. HP37 Ensure that access to special needs housing is provided without discrimination. HP41 Emergency shelters and transitional housing shouM be regulated to avoid concentration of facilities, mitigate impacts on surrounding uses, ensure that such housing is properly managed, and avoid significant impacts on existing residential neighborhoods. o The proposed amendment bears a substantial relationship to public health, safety, or welfare as the proposed FWCC text amendment permits the establishment of additional transitional housing units, which have a direct relationship to the public health, safety, and welfare of the homeless in Federal Way while maintaining regulatory standards; Ord. // , Page 3 and The proposed amendment is in the best interest of the residents of the city because the proposed FWCC text amendment maintains separation requirements for social services transitional housing units, yet ensures opportunities for transitional housing, which are in the best interest of the residents of the city. Section 3. attached Exhibit A. Section 4. Amendment. Severability. FWCC section 22 is amended as set forth in the The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of the ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the day of ,2002. APPROVED MAYOR, JEANNE BURBIDGE Ord. # , Page 4 ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: Ord. # , Page 5 Exhibit 3 - A Social Services Transitional Housing Code Amendment 22-669.5 Social service transitional housing. The followin uses shall be errnitted in the single-fan:i!;, multifamily residential (R_M) zone subject to the regulations and notes set forth in this section: USE ZONE CHART ~ DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS © Minimums Maximums ~' Required Yards ZONE , ~ o ~ ° SPECIAL REGULATIONS AND NOTES USE ~ a; ~ ~ ~ ~ ~', -- ~ ~ ~ Social Process 7,2~0 20 ft. 5 ft. $ ft. 60% In ICM 2.6 Determined 1. The city may permit these uses only if; Services III sq. ft. and 2.4 on a case- a. ~he facility is distanced at Ieast !,~0 d00 ft. from any other facility under this classification. Transitional zones, 20 ft. by-case b. The facility and program secures and maintains all licenses and/or approvals as required by the state. Housing above basis, c. The subject property is situated in close proximity to, and has convenient access to, public transportation, Type A OR average shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. Type B building d. The program will be operated under the authority cfa reputable governing board, social service, or government elevation. In agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to RM 1.8 zone, resolve concerns pertaining to the facility. 35 ft. above e. The facility will have staffing supervision, and security arrangements appropriate to the number of clients and average to its hours of operation. building f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. elevation g. The facility has adequate off-street parking and the appearance conforms with the character of surrounding Uses. See note 4 h. The facility is in compliance with applicable health, fire, building, and safety requirements. i. The facility will operate under a written management plan, approved by the governing agency, board, or official, which must meet administrative standards, specifications, and requirements, which shall be adopted by the director of community development services, and which shall be on file in the city clerk's office, and which shall be followed and have the full force and effect as if they were set forth in full in this article. 2. The city wiI1 determine the number of dwelling units or occupancy rooms or suites permitted in the proposed development based on the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. ~ b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities, within these units, rooms, or suites. --' c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design, and other design features of the proposed development. ~ (Continued on next page) i ~ L ] L For other information about parking and parking areas, see § 22-1376 et seq. Pr tess I. and IV are described in -- ,~2 ~6'~1~1~70 For details of what may exceed this height limit, see § 22-1046 et seq. - '?.2 ~86-- 2~'411, 22 ;31 ~22-460, respectively. For details regarding required yards, see § 22-I 131 et seq. 22-669,5 Social service transitional housing. (Continued) USE ZONE CHART ~; DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS _0 Minimums Maximums ~" Required Yards 25 ~ ZONE USE ~ ~" ~ ~ "' ~ - ~ ~ ~ SPECIAL REGULATIONS AND NOTES 3. Floor area reqmrements, minimum sleeping areas, and bathroom facilities will be determined on a case-by-case basis. 4. If any portion of a structure on the subject property is located less than 100 ft. from an adjacent Iow density zone, then either: a. The height of that portion of the structure shall not exceed 15 ft. above average building elevation; or b. The faq:ade of that structure parallel to the Iow density zone shall not exceed 50 ft,. in length. 5. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. 6. Refer to Article XVII, Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Article XVIII. 8. For communiw design guidelines that apply to the project, see Article XIX. Process I, Il, HI and IV are described in I For other information about parking and parking areas, see § 22-1376 et seq. §§ 22-351 -- 22-356, 22-361 -- 22.370 . 22-386 -- 22-411, For details of what may exceed this height limit, see § 22-1046 et seq. 22-.431 -- 22-460, respectively. For details regarding required yards, see § 22-1131 et seq. (Ord. No. 94-223, § 3(E), I0-18-94; Ord. No. 97-291, § 3, d-1-97; Ord. No. 99-333, § 3, 1-I9-99; Ord. No. 01-385 § 3, 4-3-01) . iTi CITY OF Federal Way TO: FROM: VIA: DATE: SUBJECT: Eric Faison, Chair Land Use and Transportation Committee ?}'-)OJim Harris, Senior Planner Mary Kate Martin, Building Official David Mo'gg~, 't~nager V ' July 30, 2002 Construction Update - New High School in Federal Way, File No. 01-103370-00 CO The New High School in Federal Way at 36311 16~h Avenue South is currently under construction. Federal Way Public Schools officials anticipate a construction completion date in July 2003 and intend to have the New High School open in the Fall of 2003. The following provides a brief background on building permit issuance dates and a summary of the current construction status. A limited grading permit allowing clearing, grading, and construction of stormwater quality and detention facilities was issued on October 29, 2001. Building permit issuance date - January 31, 2002.* CURRENT PROJECT CONSTRUCTION STATUS Gymnasium, choir rooms, health club, etc: Cafeteria, kitchen area, etc: Building cluster A: Building cluster B: Building cluster C: Ballfields and parking areas: Storm drainage: Water main extension: Sewer main extension: Storm drainage: Street frontage improvements 16't' Ave S: Street improve~nents @ SR 161 ~ 16'h S: Slreet improvements @ SR-99 @ S 359~h: Walls constructed, roof trusses on. Floor slabs complete, some walls constructed. Footings and stem walls complete, no slabs. Footings started, no rebar or forms. No footings started. Rough graded, installing underdrains, fencing etc. Mostly complete on-site. Complete. Complete. Ou-site i~nprovements moslty complete. Construction recently started, cut to grade, installiug drainage, Plans in design dud review, 90 percent complete. Plans in design and review, 90 perceut complete. * Duc to site location and proximity to 113 Icbos Crock and associated wetlands, clearing and grading of thc entire site was not permitted on January 3 I, 2002. Approval xvas granted for clearing, grading, and construction of thc eastern portion of thc building pad mca from JallUal-y 3 [ lo March 18. 2002. Stage 2 was approvcd on March 18, 2002, allox~ring clearing, grading, and construction on thc entire building pad. Stage 3 xvas approved on May 1. 2002. allnwing clearing, grading, and construction on thc whnle site. CITY OF FEDERAL WAY PLANNING COMMISSION RECOMMENDATION July 29, 2002 TO: VIA: FROM Eric Faison, Chair Land Use/Transportation Committee (LUTC) David Mo s~~, "~,yP~anager Kathy McClung, Director of Community Development Services Jane Gamble, Associate Planner ~[JBJI:~CT: Amendments To Federal Way City Code (FWCC) Relating To Definitions of Residential Densities; Clarifications To Provisions Relating To The Keeping Of Animals; Correction To The Definition Of Affordable Housing; and, Expansion Of The Criteria For Quasi-judicial Project-related Rezones A. BACKGROUND/PROPOSAL As part of thc Year 2002 Plamung Commission work program, staff has proposed code amendments related to definitions of residential densities; clarifications to the provisions relating to the keeping of animals; correction to the definition of affordable housing; and expansion of thc criteria for quasi- judicial Project-related rezones. The proposed code amendments would incorporate regulations into Federal Way ('iO, Code (FWCC) Chapter 22 and clarify existing code provisions. Thc staff' rcconuncndation to the Planning Commission is attached as Exhibi! 1. PLANNING COMMISSION RECOMMENDATION Thc Planning Commission conductcA a public hearing on July 17, 2002, at which time they recommended approval of thc code amendments as proposed by staff for lr~xhibilx A of l, B q fl, and Cqfl, and/)qfI Doc. I.D. 2. Recommend that the full Council modify and 'then approve the_ proposed, code amendments. 3. RecOmmend that the full Council disapprove. the prOposed code amendments. Staff recommends that the Committee recommend to the full Council adoption of the Planning Commission's recommendations (Exhibit 2). LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the proposed amendment to the full Council for first reading on July 17, 2002, as follows: As recommended by Planning Commission As recommended by Planning Commission and amended by the LUTC Approval of Committee Action: Eric Faison Michael Park Dean McColgan LIST OF EXHIBITS Exhibit 1 Exhibit 2 Exhibit 3 Staff Report to the July 17, 2002, Planning Commission Planning Commission Minutes Draft Ordinance STAFF REPORT TO THE PLANNING COMMISSION Miscellaneous Federal Way City Code (FWCC) Amendments Planning Commission Meeting of July 17, 2002 BACKGROUND As part of the Year 2002 Planning Commission work program, Staff has proposed code amendments related to clarifications to amend the definitions of high-density residenliM use, high-denxiO: residential zone, low-density use, low-density zone, medium-densiO, use, and medium-densiO, zone coutained m Federcd Way Ci0~ Code (FWCC) Section 22-1 to ensure consistency with the Federal Wccv Comprehensive ]>lan (FWCP) (Exhibit A); Clarificatious to provisions related to thc keeping of anilnals ill zones where dwelling uuits are permitted (Exhibi! B); clarification to thc provision related to affordable housing contained within FWCC Section 22-976(b) (Exhibit C); and expansion of the decisional criteria for qufisi-judicial project related rczoncs in FWCC Scction 22-488(c)(2) (l£xh~bit 1)). Dqfinition q/'high-density rexidential use, high-densiO, residential zone, low-density use, /ow-density zone, medium-density use, and medium-density zone - These definitions provided m the FWCC are not consistent with the same words as defined m the FWCP. Thc proposed changes will provide consistency bctwcen the FWCC and FWCP by bringing the FWCC plans into alignlnent with FWCP definitions. Also, the definitions for high-densit~v residential use and medium-denxiO~ use would be removed from the FWCC because they are not referenced anx~vhere m either the FWCC or the FWCP. Keeping qfAnimals - FWCC Sections 22-981 to 22-987 relate to the provisions for kccpmg almnals in any zone wherc a dwelling unit is permitted The proposed changes will clariS, the applicability of the provisions, and identify anilnals as an allowed use m each zoning use chart pursuant to FWCC Section 22-981. A/./'ordable Housing Regulations - It is necessary to delete thc reference to "countywide planning policies" that is includcd in FWCC Section 22-967(b). Thc Countywide Planning Policies (CWPP) do not "establish" specific afl-ordabilitv lmmbers, just thresholds and policies. (_)uaxi-.ludicial Rezonex - FWCC Section 22-488(c)(2) expands the criteria for quasi- judicial project related rezones. Thc addition of thc criteria that, "The rezone has inerit and value for the community as a whole," is m keeping with neighboring jurisdiction's rczonc criteria. EXHIBIT PAGEt II REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria for zoning code.text amendments. Consistent' with Process VI review, the role of thc Planning Conmfission is as follows: · To review and evaluate the zoning code text regarding any proposed amendments; · To determine whether the proposed zouing code text alnendmcnt meets tile criteria provided by FWCC Section 22-528; and, · To forward a recommendation to City Council regarding adoptiou of the proposed zoning code text amendment. 11I PROCEDURAL SUMMARY May 15, 2002 Ma5, 29, 2002 July 17, 2002 Detemm~ation of Nonsignificance pursuant to State Environmental Policy' Act (SEPA) End of SEPA Connnent Period Public Hearing before the Planning Commission IV DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. Thc follmvmg section analyzes thc compliance of the proposed zoning text amendments with file criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendment is consistent with tile applicable provisions of the comprehensive plan; The proposed FWCC text amendments related to amendment of the FWCC definitions of high- densiO~ residential u.s'e, high-density residential zone, low-densiO~ use, low-densiO, zone, medium-densiO; use, and medium-density zone to ensure consistency with the FWCP; clarification to provisions related to tile keeping of alfilnals in zones where dwelling units arc permitted; clarification to the provision related to affordable housing; and expansion of thc criteria for quasi-judicial project related rezoncs, are consistent with, and substantially implement, the following FWCP goals and policies: LUP4 Maximize qfficiency qf the development review process. LUP6 (?onduc[ regular reviews of development regulations to determine how lo iml.'ove ~q;on the permit review proce.v.v. Miscellaneous FWCC Amendments Planning Commission Slaff Report File #02-101991-00-UI' / t~,,~ I I~ I,~00~, Page 2 EXHIBIT } PAGE z OF The proposed amendment bears a substantial relationship to public health~ safety, or welfare; The proposed FWCC text amendments will clarify code provisions related to the definition of density as it relates to residential uses and zones; clarify code provisions relatedto the special regulations that govern the keeping of animals; clarify the definition of affordable housing; and expand the criteria for quasi-judicial project related rezones. These amendments will provide certainty and consistency to the review process while protecting surrounding properties, xvhich have a direct relationship to the public health, safety, and welfare. 3. The proposed amendment is itl the best interest of the residents of the city. The proposed FWCC text an~endments will clarify code provisions related to tile definition of density as it relates to residential uses and zones; clarify code provisions related to thc special rcgnlations that govern the keeping of animals: clariS, the definition of affordable housing: and cxpand the criteria for quasi-judicial projcct rclated rczones. These amendments will provide certainty and consistency to the review process while protecting surrounding properties, which is m the best interest of the City's residents. ~7 PLANNING COMMISSION ACTION Consistent with tile provisions of FWCC Section 22-539, tile Planning Commission may take thc following actions regarding tile proposed zoning code text amendments: 1. Reconunend to City Council adoption of the FWCC text anlendn~cnts as proposed; 2. Modify thc proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendments as modified: 3.Recolnmend to City Council that the proposed FWCC text alnendmcnts not bc adopted; or, 4. Forward the proposed FWCC text alnendmcnts to City Conncil without a recommendation. V! STAFF RECOMMENDATION Thc following inotion is suggcstcd: Move to recolnmend to the City Council for adoption of the proposed FWCC text alnendmcnts to clarify code provisions related to the definition of the density as it relates to residential nses and zones; clarify code provisions related to the special rcgulations that govern thc keeping of animals: clarify thc definition of aftbrdablc bousmgi and expand thc criteria for qnasi-jndicial project related rczoncs. (If changcs occur as a result of Plalming Colnmission deliberations add, "... as amcndcd by thc Plamfing Conllllission,') Misccllaucous FWCC Amendments Planning Commission Staff l>.cport File #(}2- I O1991-00-UP / I),,~ ~1~ I,~tlo~, Page 3 EXHIBIT. VII EXHIBITS Exhibit A: Exhibit B: Exhibit C: Exhibi~ D: Proposed code amendment clarifying provisions related to the definition of high- density residential use, high-density residential zone, low-densiO~ use, towrdensity zone, medium-density use, and medium-densiO: zone. Proposed code amendment clarifying provisions related to special regulations that govern the keeping of animals. Proposed code amendment clarifying the definition of affordable housing. Proposed code amendment expanding the criteria for a quasi-judicial prqjcct related rezones. Miscclhmcous FWCC Amendments l'lanning Commission Staff Report File #02-101991-00-UI Page 4 EXHIBIT, EXHIBIT. A 22-1 Definitions. .............. use m .... $ ......... o ......... dwe g ......... a o,.,~,j.~.~ propeay area per un~ High dcusity residential zones means the following zones: RM 3.6,_RM 2.4, RM 1.8, RS ~ 7.2, RS 9.6, and COlnparable zones in other jurisdictions. Low de,sity use means a detached dwelling unit on a subject property that contains at least 7,200 square-feet five acres. Low de~siO; zone means the following zones: SE, RS-35.0,~R$ ~, .. <.0, ,,~, ~ c o_..,,,r- RS 7.2 and comparable zones in other jurisdictions. Medium deT~siO~ zones means the following zones: R-S~.=, < a,,~,,~>~a 3.,~,r' _RS 15.0, RS 35.0, and comparable zones in other jurisdictions. Miscclhmcous I:WCC An/cndmclltS File//02-101991-00-UP / I)o~ u) t,~vl Page I EXHIBIT PAGE _OF EXHIBIT B 22-981 Application of division. This division establishes special regulations that govern the keeping of animals in any zone where a dwelling unit is permitted The keeping of animals is permitted in an',/zone where a dwelling unit i_s pen_nitted, subject to the provisions of this division. However, any provision of' this division that is inconsistent with a specific provision applicable to suburban estate zones does not apply in suburban estate zones. (Ord. No. 90-43, § 2(115.20(1)), 2-27-90) Add the below note to tile following use zone charts: 22-596 22-613 22-631 22-632 22-634 22-648 22-666 22-667 22-668 22-669 22-725 22-756 22-797 22-809 22-869 - SE; Detached DU - SE; Accessory DU -RS; Detached DU - RS; Attached DU - RS; Manufactured Home Parks - RS; Accessory DU - RM; Detached DU - RM; Attached, Detached, Stacked DU - RM; Manufactured Home Parks - RM; Senior Citizen Housing - BN; Multiple-Unit Housing - BC; Multi-Unit Housing - CC-Ci Multi-Unit Housing - CC-F; Multi-Unit Housing - BP; Senior Citizen Housing For provisions that relate to the keeping of animals, see § 22-981 et seq. Misccllancm,s FWCC Amendments I:Xhibit }/ File 1/()2-101991-00-UP / 1~o¢ l~) 1,)472 Pagc 1 EXHIBIT_ ,,_ PAGE EXHIBIT C 22-976 Affordable housing regulations. (a) Purpose. To provide affordable housing to the citizens of Federal Way and to comply with the Growth Management Act and the county-wide planning policies for King County. (b) Afibrdable housing defined. "Affordable housing" means dwelling units that are ofl'ered for sale or rent at a rate that is affordable to those individuals and families having incomes that are 80 percent or below the median county income, as .... ~;o~,~a ;, ,~ ...... · ..... ;~= ......................... ~ ..... planN~ ~tic4es~ Miscellaneous I:WCC Amendments t';xhibit C l:ilc #02-101991-00-Ut' / [~,,~,)I,,*-~ Page I EXHIBIT D 22-488 Recommendation by the hearing examiner. (a) Generally. After considering all of thc information and comments submitted on the matter, tile hearing examiner shall issue a written recommendation to the city council. (b) Tilning. Uulcss a longer period is agreed to by the applicant, the hearing examiner must issue the recommendation within 10 working days after the close of thc public hearing. (c) Decisional criteria. Thc hearing cxamincr shall use thc following criteria for quasi-judicial rezones: (1) Tile city may approve an application for a quasi-judicial nonproject rezone only if it finds that: a. Tile proposed rezone is in the best interest of the residents of tile city; and b. Thc proposed rczonc is appropriate because either: 1. Conditions in thc immediate vicinity of tile subject propelly hax'c so significantly changed since thc property was given its present zoning and that, under those changed conditions, a rezone is within thc public interest; or 2. Tile rezone will correct a zone classification or zonc boundary that was inappropriate when established; c. It is consistent with thc comprchcnsivc plan; d. It is consistent with all applicable provisions of the chapter, including those adopted by rel'crenc¢ from tile comprehensive plan; and c. It is consistent with the public health, safety, and welfare. (2) Thc city may approve an application for a quasi-.iudicial pro. icct rclatcd rczonc only if it finds that: a. Thc criteria m st,bscction (c)(l) o£ this section are met: and b. Thc proposed prqjcct complies with this chapter in all respects: and c. Thc site plan of the proposed project is designed to minimize all adverse impacts on thc developed properties in thc immediate vicinity o£ thc subject property; and d. Thc site plan is designed to minimize impacts upon thc public services and utilities. c. Thc rezone has merit and value for thc community as a whole. (d) Conditions and rcstrictions. Tile hearing examiner shall ...... Misccllancm~s I:WCC Amcndmcnts l'XhibiI I) File It02- I O l 9') 1-00-I Jl' / ~),,c II~ I,~ ~7~ l'agc I I::XHIBIT I. MEETING SUMMARY Commissioners present: John Caulfield, Hope Elder, Bill Drake, Dini Duclos, Dave Osaki, and Grant Newport. Commissioners absent (excused): Nesbia Lopes. Alternate Commissioners present: None. Alternate Commissioners absent (excused): Christine Nelson (Tony Moore and Marta Justus Foldi were also absent). Councihnember present: Mayor Jeanne Burbidge. Staff present: Community Development Services Director Kathy McChmg, Associate Planner Deb Barker, Associate Planner Jane Gamble, City Attorney Bob Sterbank, and Administrative Assistant E. Tins Piety. Chair Caulfield called the meeting to order at 7:00 p.m. APPROVAL OF SUMMARY The May 15, 2002, meeting summary was approved with two minor changes: on page 2 under Public Testimony, the second sentence, "Hi parents" should be "His parents"; and at the bottom of the page, the meeting was adjourned at 8:21, not 7:21. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT Moved to the end of the meeting. COMMISSION BUSINESS PUBLIC HEARING - Social Se~wices Transitional Housing Units Code Amendment The Public Hearing was opened at 7:05 p. m. Commissioner Hope excused herself fi'om this hearing because she is a member of the Federal Way Community Caregiving Netxvork Board. Ms. Barker presented that staff report. As part of its regular review of development regulations, staff has identified the need to amend the separation requirement for social services wansdional housing units. Currently, 1,000 feet must be separate a social services transitional hot, sing unit fi-om any other social services transitional housing unit. Staff researched five ways this requirement could be amended: a. Reduce the 1,000-foot requirement to 400 feet for all zoning districts. Reduce the 1,00(I-foot requirement to 400 feet lbr only type A social services transitional housing unit in all zoning ctistricts. EXHIBIT, PAG I OF__ Planning Commission Summary Page 2' July 17, 2002 Co Reduce the 1,000-foot requirement to 400 feet onlY in the RM zoning district. Reduce the l',000-foot requit:ement to 400. feet for all zoning districts that permit multifamily dwelling units, provided that no more than three social service transitional housing units per multifamily complex can be establishe& e. Eliminate the 1,000-foot separation requirement only in the RM zoning district. Staff recommends option c, "Reduce the 1,000-foot requirement to 400 feet only in RM zoning district." This would allow a social services transitional housing unit to locate in a condominium where another exists, so long as 400 feet separates them. This option reduces separation parameters in a limited but nonetheless valuable way, and creates the least impact on the City as a whole. The Commission asked why was a 1,000-foot separation originally chosen? Staff replied that there is limited background information and the reason for choosing 1,000 feet is not addressed. However, there is some case law from another circuit court that discusses the therapeutic reasoning behind having a separation and 1,000 feet is common in other jurisdictions. It was asked why should there be any separation? Staff indicated that currently, there are six social services transitional housing units (Type A) in the City under these provisions. (There may be others that started before these provisions came into affect, and there are some other types of"group" homes in the City.) Social services transitional housing units of this type have stringent requirements. There is the 1,000-foot separation and the unit is governed by a management plan submitted to the City, which requires monitoring of those who live in the unit. Another aspect governing the location (and number) of these types of units is the cost of a condominium. FUSION (Friends United to Shelter the Indigent, Oppressed, and Needy) is the only provider of these units in the City. They have informed the City that the need is great for this type of housing, but because of the 1,000-foot separation, there is no affordable units left in the City. When the provisions were first in place, there were many questions about the suitability of the units by others living in the condominiums where the units were placed. FUSION has been responsible in answering questions and monitors the units closely. They are quick to respond to problems. There are still some questions when a new unit is proposed, but not as many. None of the applications for the six units were appealed. The Public Testimony was opened at 7:30 p.m. Linda Rasmussen, Regional Director of YWCA - Her agency contracts with FUSION to proved case management to existing social services housing units. They have 27 unsolicited applications for one housing unit. Their requests for such housing are up 20 percent. She encouraged the Com~nission to take the most flexible approach. She told the Commission stories of some families and how having secured housing has allowed them to succeed. Beverly Klm, FUSIONBoardmember- She stated that homelessness is a huge social problem and the need for housing is great. Caseworkers match the families to others residing in the condominium. The families receive weekly case management from the YWCA, who in turn sends a monthly report to FUSION. Since they started providing this housing, FUSION discovered that many of the women had problems with such issues as budgeting. They now contract with outside agencies/individuals to provide advice/training to the women ou such issues as budgeting and how to be good neighbors and citizens. Since starting their program, 75 percent of those on the program have found permanent housing. On average, a family will stay in a social services transitional housing unit for six to twelve months. EXHIBIT Planning Commission Summary Page 3 July 17, 2002 Susie Horan, Coldwell Banker General Manager - They have helped purchase the six units. She is familiar with the price range of condominiums and noted there are few units that fit into the affordable range. Of those that are affordable, there is now a social services transitional housing unit in each of them. FUSION has volunteers ready to help provide another unit, but cannot do anything until the code is changed. She stated that FUSION has become a model to other communities on how to provide this type of housing. She would prefer the Commission choose option e (eliminate the 1,000-foot separation). Other cities do not have setbacks and the restriction is not needed because there are enough people to oversee the progrmn. Changing to a 400-foot separation may double the number of units, but it also depends on where in the condominium the current unit is situated (if it is in the middle of the condominium, there may not be 400 feet between it and any other unit) and a unit must be for sale that is 400 feet away from the current one. Peggy LePorte, Founding Member of FUSION- She stated the need is great. FUSION is an all volunteer organization. In their nine years of operation, there have been few problems. Problems that arise are dealt xvith immediately. They keep in contact with the homeowners association, who calls the case manager if there are any problems. In 1993, tile need was not as great and the 1,000-foot separation was not a problem. Now that the need for the housing has grown, the 1,000~foot separation has become a problem. If the need continues to grow, 400 feet may become a-problem. If the restriction remains in place, they will have to purchase higher cost units. This could mean a higher cost to the City because they use Community Development Block Grant (CDBG) funds. Public Testimony was closed at 7:50 p.m. The Commission asked what is the risk to the City if the separation is changed? Staff replied it is a negligible risk. There have been relatively few problems. Staff questioned apartment mangers with these units and they said they have almost no problems. This does not mean that problems will never happen. The Public Hearing was closed at 7:55 p.m. It was m/s/c to accept the staff recommendation and forward it on to the Land/Use Transportatiou Committee (LUTC). Further discussion was held on eliminating the separatiou requirement, but it was felt that because of a current volatile situation, it is best to have a separation requirement. PUBLIC HEARING - Miscellaneous Code Amendments Tile Public Hearing was opened at 8:03 p.m. Ms. Gamble presented that staff report. There are four miscellaneous code amendments for the Commission to consider: Definition of High-Density Residential Use, High-De~sity Residential Zone, Low-De~si(v Us'e, Low-De~sity Zot~e, Medi~tm-De~si(v Use, and Medium-De~siO~ Zo~e - These definitions provided itl the Federal Way City Code (FWCC) are not consistent with the same words defined itl tile Federal Way Comprehe~xive Plan (FWCP). The proposed changes will bring the FWCC into alignment with FWCP definitions. In addition, high-density residential use and ~nedium- density use definitions would be removed from the FWCC because they are not referenced anywhere in either the FWCC or FWCP. Keeping of Animals - The proposed chauges will clarify the applicability of the provisions for keeping animals in FWCC Sections 22-981 to 22-987, and xvill identify animals as a~ allowed use in each of the FWCC zoning charts. EXHIBff Wee '5 Planning Commission Summary Page 4 July 17, 2002 Affordable Housing Regulations - It is necessary to delete the reference to "countywide planning policies" in FWCC Section 22-967(b) because they do not "establish" specific affordability numbers, just thresholds and policies. Quasi-dudicial Rezones - Add the criterion that, "The rezone has merit and value for the community as a whole" to FWCC Section 22-488(c)(2). The criterion is in keeping with neighboring jurisdiction's rezone criteria. There was no Public Testimony and very little Commission discussion. The Public Hearing was closed at 8:12 p.m. It was m/s/c (unanimous) to accept the staff recommendation and forward it on to the LUTC. ADMINISTRATWE REPORT Ms. McClung gave the administrative report. The Commission hasn't met often because staff has been working on other studies (i.e., PAA study, downtown market study, and permit process). For the PAA study, an inventory of the PAA has been completed. For the downtown market study, staff plans to present a completed study to the LUTC at their second meeting in August. Updated statistics have become available and staff wants to ensure the study is accurate. The stakeholders group has met three times on the permit process. There was a good response to the survey. We have hired a consultant to look at our practices and those of other cities. The Department reinstated Over the Counter Permits in April. It took awhile for the program to become popular, but now there is a four-week wait for an appointment. In light of this, we have added two more appointment times for the summer months. There will be a vote on housing targets next week. If all goes well, the City's housing target will be reduced. SEPA has been issued on the 2002 Comprehensive Plan Update. It will come to the Commission in September. Single-family residential permits are up. Last year we issued 50 permits, currently this year we have 56 waiting for review. An Environmental Impact Statement will be done for Christian Faith Center. Pavilion Centre II has an application in for upgrades and new stores. Work is being done on a number of high schools and churches. Six Flags continues to expand Enchanted Parks. The number of land use applications currently exceeds all past years. The Expansions of Nonconforming Residential Uses and Structures that the Commission dealt with on May 15, 2002, have been adopted. ADDITIONAL BUSINESS None. AUDIENCE COMMENT None. ADJOURN The ineeting was adjourned at 8:32 p.m. K:'d'lanning Commission\2OO2\Mec6ng Summary 07-17-02 doc/Lasl printed 07/31/2002 03 03 PM EXHIBIT PAGE q OF q CITY OF FEDERAL WAY ORDINANCE NO. 02- AN ORDINANCE OF ri'HE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL' WAY MUNICIPAL CODE RELATING TO DEFINITIONS OF RESIDENTIAL DENSITIES; CLARIFICATIONS TO PROVISIONS RELATING TO THE KEEPING OF ANIMALS; CORRECTION TO THE DEFINITION OF AFFORDABLE HOUSING; AND, EXPANSION OF THE CRITERIA FOR QUASI-JUDICIAL PROJECT-RELATED REZONES WHEREAS, the City ot~ Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly revised the Federal Way CiO, Code (FWCC), Chapter 22 (Zoning); and WttEREAS, the City of Federal Way finds that the amendments to FWCC, Chapter 22 (Zoning), relating to Definitions of Residential Densities; Clarifications to Provisions Relating to the Keeping of Animals; Correction to the Definition of Affordable Housing; and Expansion of the Criteria for Quasi-Judicial Project-Related Rezones will provide for improved review processes; and WHEREAS, the City of Federal Way finds that the code amendments to FWCC, Chapter 22 (Zoning), relating to Definitions of Residential Densities; Clarifications to Provisions Relating to the Keeping of Animals; Correction to the Definition of Affordable Housing; and Expansion of the Criteria for Quasi-Judicial Project-Related Rezones are consistent with the Federal Way Comprehensive Plan; and WHEREAS, the City of Federal Way' SEPA Responsible Official issued a Determination of Nonsignificance on the code amendments to FWCC, Chapter 22 (Zoning), relating to Definitions of Residential Densities; Clarifications to Provisions Relating to the Keeping of Animals; Correction to the Definition of Affordable }lousing; and Expansion of the Criteria for Quasi-Judicial Project-Related Rezones on May 15, 2002; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code amendments relating to Definitions of Residential Densities; Clarifications to Provisions Relating to the Keeping of Animals; Correction to the Definition of Affordable Housing; and Expansion of the Criteria for Quasi-Judicial Project-Related Rezones on July 17, 2002, and forwarded a recommendation of approval to the City Council; and WItEREAS, the Land Use and Transportation Committee of the Federal Way City Council considered the code amendments relating to Definitions of Residential Densities; Clarifications to Provisions Relating to the O,-d ,,~ __ ,Pagc I EXHIBIT 3 PAGE /_OF Keeping of Animals; Correction to the Definition of Affordable Housing; and EX-Pansi.on of the Criteria for Quasi- Judicial. Project-Related Rezones on' August 5, 2002; following' which it recommended adoption of the text · amendments; and WHEREAS, the Federal Way City Council co~sidered the code a~endments relating to Definitions. of Residential Densities; Clarifications to Provisions Relating to the Keeping of Animals; Correction to the Definition of Affordable Housing; and Expansion of the Criteria for Quasi~-Judicial Project-Related Rezones on August 20, 2002; and WHEREAS, the City Council finds that the code amendments relating to Definitions of Residential Densities; Clarifications to Provisions Relating to the Keeping of Animals; Correction to the Definition of Affordable Housing; and Expansion of the Criteria for Quasi-Judicial Project-Related Rezones are consistent with the intent and purposes of FWCC, Chapter 22 (Zoning), to provide for and promote the health, safety, and welfare of the general public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASItlNGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Section 22-216 and 22-528, and based upon the Findings set forth in Section I, the Federal Way City Council ~nakes the following Conclusions of Law with respect to the decisional criteria for adoption of the proposal: Ord tl I. The proposed FWCC text amendments are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: L UP4 Maximize efficiency of the development review process. LUP6 Conduct regular reviews of development regu/ations to determine how lo improve ~q2on the permit review process. The proposed amendments relating to Definitions of Residential Densities; Clarifications to Provisions Relating to the Keeping of Animals; Correction to the Definition of Affordable Housing; and Expansion of the Criteria for Qt. asi-Judicial Project-Related Rezones bear a substantial relationship to public health, safety, or welfare because they will result in improved review processes, by providing consistency between requirements and standards and clarification for those using tile code. EXHIBIT · Pagc2 PAGE .OF And o The proposed amendments are in the best interest of the residents of l;he City because they will' clarify code provisions relatedto definitions of residential densities; clarify provisions relating to the keeping of animals; correct the definition of affordable housing; and expand the criteria for quasi-judicial project-related rezones. These .amendments will provide certainty and consistency to the review process while protecting surrounding properties, which is in the best interest of the City's residents. Section 3. Amendment. FWCC, Chapter 22, is amended as set forth in the attached Exhibit A. Section 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. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of Federal Way at a regular meeting of the City Council on the __ day of__., 2002 APPROVED: ATTEST: Mayor, Jeanne Burbidge City Clerk, N. Christine Green, CMC APl'ROVED AS TO FORM: City Attorney, Bob C. Sterbank FILED WITII TI IE CITY CLERK: PASSED BY TIlE C1T'~. COUNCIl.: PUBLISI lED: EFFI£CTIVF_ DATE: ORDINANCI~ NO: Ord tt ,Pagc 3 File tt(12-101991-OO-IJP/I)oc II) 19852 EXHIBIT DATE: TO: FROM: VIA: SUBJECT: August 5, 2002 Eric Faison, Chair Land Use and Transportation Committee Paul A. Bucich, Surface Water Manage~?~;~-- David H. M9 nager th ~,X South 364 Street Culvert Replacement BACKGROUND Four (4) bids were received and opened on July 19, 2002 at 2:15 p.m. for the South 364th Street Culvert Replacement Project (see attached Bid Tabulation Summary). The lowest responsive, responsible bidder is Americon, Inc. with a total bid of $42,976.00, tax included. Reference checks on Americon, Inc, by City staff indicate that the contractor has performed similar work. As a result, City staff believes Americon, Inc. can successfully complete this project to the City's satisfaction. Therefore the lowest responsive, responsible bidder is Americon, Inc. in the amount of $42,976.00, tax included. PROJECT COST ESTIMATES Construction Low Bid 10% Construction Contingency Design Construction Management Total Project Cost $ 42,976.00 $ 4,297.60 In house In house $ 47,273.60 PROJECT FUNDING: The project will be funded by a $30,000 National Oceanic and Atmospheric Administration (NOAA) Grant, and the SWM small works CIP budget. RECOMMENDATION Staff recommends placing the following items on the August 20, 2002 Council agenda for approval: 1. Award the project to Americon, Inc. the lowest responsive, responsible bidder in the amount of $42,976.00 and approve a 10% contingency of $4,297.60 for a total of $47,273.60. 2. Authorize the City Manager to execute the contract. APPROVE OF COMMIT~E REPORT: Eric Faison, Chair Michael Park, Member Dean McColgan, Member t~B:dl cc: Project File Day File K:\I?tlT('\2002\S 364111 St Culvert Replacement Bid Award doc ZZZZZ ZZZZZ ~<~ o >>_~o~ ~o <~ 0 (~I'Y OF ~ DATE: TO: FROM: VIA: SUBJECT: August 5, 2002 Eric Faison, Chair Land Use / Transportation Committee Paul Bucich, Surface Water Mana~er'~~ David H. anager West Hylebos Creek Restoration Scope BACKGROUND West Hylebos Creek has been impacted through land development activities since settlers came to the Federal Way area. In 1991, the King County Hylebos Creek and Lower Puget Souud Executive Proposed Basin Plan (1991 Plan) recommended restoration activities within the creek system as well as construction of regional detention facilities. These facilities were intended to reduce and slow the rate and volume of runoff generated from impervious surfaces to the creek and associated wetlands. When the Federal Way Surface Water Utility was formed and the Capital Facilities Plan completed, recommendations from the 1991 Plan were incorporated into the 20-year work plan. In 2002 we are initiating the West Hylebos Creek Restoration Project to restore and stabilize the segment of creek located between Brook Lake, north of South 356th Street, downstream to the crossing at SR-99 (Pacific Highway). When originally envisioned, the project was to install large woody debris (LWD) at select points within the creek in order to establish grade controls and fish habitat. Over the preceding 10 years since project conception, the standards for habitat and stabilization have changed. This is due in part to a greater understanding of stream hydraulics, fish habitat needs, and successful construction methodologies. These changes have resulted in a need for a broader project scope than originally envisioned, and will lead to greater certainty of project success. At Council request, this presentation will describe the overall scope of work contracted to CH2M Hill, the design consultants, and their subcontractors on this project. Attached is the detailed scope of work that the contractor is initiating. There are four major components of work: 1. Evaluate flood hazards at S 373rd and develop options to gravel stabilization or removal, identify potential fish habitat improvements that could be incorporated in flood hazard solutions. 2. Enhance fish habitat and stabilize the channel along the West Fork of Hylebos Creek between Brook Lake and SR-99. 3. Determine the feasibility of developing an educational and recreational trail along the West Fork of Hylebos Creek in the same area as the habitat and stabilization project. Identify potential connections to other City, County, and State recreational resources. 4. Evaluate effectiveness of stream protection regulations to determine if existing regulatory buffers are adequate to protect existing and future sahnonids usage and if not, make recommendations for furore improvements or additioual protective measures. The final end products of this effort will be construction plans for restoration activities aloug tile identified stream corridor; a'feasibility analysis ora trail system with recommendations for furore capital expenditures for Council consideration; recommendations for how to address the persistent gravel deposition problem at S 373'd Street at lhe Hylebos bridgc crossing; and recommendatious for modifications to City butTers, it' needcd. RECOMMENDATION SUrface Water Management is providing this information at C6uncil request. No action is neces.sary. APPROVAL OF COMMITTEE R. EPORT: Eric Faison, Chair Michael Park, Member Dean McColgan, Member PB:dl cc: Project File Day File k:\lutcL2002\Wes! Hylebos Scope Discussion doc EXItlBIT A. SCOPE OF WORK Hylebos Creek Stream Enhancement This scope 0f work comprises the services for CH2MHILL, Bruce Dees and Associates and GeoEngineers, Inci CH2MHILL is the prime consultant. Bruce Dees and Associates and GeoEngineers are s.ubconsultants and their scopes of work are included as part of Exhibit A. Project Area For bridge flooding at S 373fa, just downstream ofS 373rd to upstream areas as needed to identify major gravel sources. For habitat enhancement: from just upstream of S 356a~ to just downstream of SR - 99 on the west fork. For trail feasibility: along the west fork from the powerline trail to north, around the Wetlands State Park, and south to S. 373~d with potential connections identified. The main focus is the portion from SR-99 to S 356a( Project Objectives There are three related elements to the project. These include the following. 1) Flood Hazards. Develop recommendations for stabilizing the stream channel and increasing conveyance to resolve flood hazards at S 373~d, identify potential fish habitat improvements that could be incorporated in flood hazard solutions. 2) Enhance Fish Habitat. Identify and evaluate the potential to enhance fish habitat and stabilize the channel along the West Fork of Hylebos Creek between SR-99 and S 356a~. Select preferred alternatives and prepare final designs. 3) Trail feasibility. Determine the feasibility of developing a trail along the West Fork of Hylebos Creek from SR-99 to S 3564. The feasibility issues are primarily regulatory and property owner concerns. Evaluate options for connection to existing public facilities. 4) Evaluate Effectiveness of Stream Protection Regulations. Evaluate the effectiveness of the City's stream protection ordinances in accordance with recognized regional criteria. Determine if existing regulatory buffers are adequate to protect existing and future salmonid usage and if not, make recommendations for improvements or additional protective measures. Task 1: Stream Stabilization and Habitat Enhancement 1.1 Project Management A kickoff meeting will be held for the consultant team and participating City staff. This will be a chance to familiarize the Team with the project objectives and schedule. Specific project responsibilities will be assigned and agreements reached on supplying existing data. Project management, team coordination and monthly reports of progress and costs. Prepare project work plan. Prepare project health and safety plan. Products Kick-off, chartering meeting · Monthly progress reports through task completion ' · Project management and team coordination · Project work plan including health and safety plan · City liaison, including up to 3 miscellaneous meetings, is included with up to four consultant staff. 1.2 Review Existing Information; Conduct Stream Reconnaissance Thc consultant team will review past reports and surveys provided by the City which deal with Hylebos Creek including the Basin Plan, geological and soils maps, existing hydraulic and sediment transport studies and any relevant environmental reports from the immediate area. Consultant will compile reports and prepare a written summary of relevant points. Past stream surveys and historical aerial photos will be reviewed. Plans of past stream stabilizatit~h projects will be reviewed. Staff from the City, the County, the Tribes, property owners including the Montessori School, and Friends of the Hylebos will be interviewed for information on environmental conditions and habitat problems. Using existing City GIS data provided by the City, a layout of the stream corridor extending from approximately 500 feet downstream of 373rd upstream to Wetlands State Park will be developed. Previously identified channel instability problems, property ownership and other relevant environmental data identified in previous studies will be added to this map. Early in the project, a reconnaissance of the stream channel will be carried out by the Project Team. This will include the Project Manager, Fish biologist, Wetlands Biologist, Stormwater Engineer, Landscape Architect, Geomorphologist and Geotechnical Engineer and one or more members from the City staff. The purpose of this reconnaissance will be to: · update the stream map and to · view, first-hand, unstable stream sections, habitat and flood hazards · specific locations of landslides, channel incision and bank erosion · identify potential causes of channel erosion and habitat loss · discuss potential solutions to channel erosion and habitat loss, and to · investigate trail feasibility. All three forks will be walked to identify gravel sources. The west fork will be walked to investigate habitat enhancement opportunities, stream stabilization and trail feasibility. This will provide an opportunity to discuss existing stream habitat, shortcomings, environmental constraints and possibilities for enhancement. Following this reconnaissance, up to ten (10) creek sediment samples using freeze plug methodology will be collected for analysis of grain size distribution. The wetland biologist will identify the presence of wetlands within the study area and will describe potential related issues for the project. If construction activities are proposed within the wetlands, delineation and survey of the wetlands, and mitigation plans will be necessary. Delineation, mitigation plans and permit negotiations are not included in the scope or budget and will require additional budget if these services are necessary. Visit' aerial photo company and review available aerial photo coverage. Select and purchase appropriate aerial photos to provide display photos (large size) and stereo pairs, Four to five sets of stereo pairs at roughly ten · year intervals to show stream movement and evidence of erosion or gravel deposition.' Prepare a memorandum that summarizes the Sufficiency of the City's existing regulations regarding their protection of stream corridors and wetland buffers based on existing and future salmonids usage. In order to make a determination, the Consultant will review the City's wetlands and critical areas regulations, conduct a site visit to determine existing habitat conditions such as pools, riffles, glides, percent imbededness of stream strata, and refugia areas, and make a qualitative assessment of the understory an overstory vegetation within the buffer zone to assist in determining if the buffer widths established through regulations are adequate. This information will be used to compare known information on the creek with regional recommendations such as the Tri-County ESA response plan, the USNMFS pathways and indicators table, and WADFW guidance. The Consultant will consider existing stream morphology and habitat conditions as well as future conditions as if restoration measures are implemented. The Consultant will provide a qualitative evaluation of the benefits to stream habitat from preservation of upland areas within the project corridor. Prepare a memorandum summarizing issues related to acquisition of property rights through fee simple purchase or easements for protection of habitat. Products: · Field reconnaissance · GIS map showing graphical layout of Hylebos Creek with problems such as sediment sources, depositional areas, fish habitat and limiting factors, bank erosion sites and opportunity areas for bank stabilization and habitat enhancement annotated · Sediment samples and analysis · Aerial photos for display and analysis · Brief summary memorandum of findings from the reconnaissance · Brief summary memorandum of the adequacy of City regulations for protection of habitat · Brief summary memorandum of issues related to fee simple or easement acquisition for protection of habitat. 1.3 Geotechnical Investigation and Technical Memo A technical review of the stream and adjacent geology will be conducted. Existing reports historical aerial photos, and records of sediment transport within Hylebos Creek will be reviewed. A technical memo will be prepared. This memo will summarize problems documented by past studies and list channel stability problems identified during the reconnaissance. Downstream conditions and implications will be considered. The memo will characterize existing geomorphic and channel processes, evaluate short and long term channel behavior and stability and identify problem areas suitable for stabilization projects. The evaluation factors will include channel stability, sediment production and delivery potential, degradation of stream, habitat, construction accessibility and cost factors. Causes of gravel deposition at S 373ra , sediment source areas upstream of the bridge, and potential solutions will be identified. Opportunities for slxeam habitat restoration will be identified. One meeting will be held to review this memo with City staff. - 10 r Products: · One meeting with City staff (2 consultant S. taff) · Five copies of the Draft.Technical Memo · Minutes from the city input meeting · Five copies of the Final Technical Memo 1.4 Detailed Topographic Survey of the Project Site A topographic survey of the area selected for habitat enhancement projects will be conducted by Earthtech. The following survey parameters are assumed: · the project site is assumed to be limited to a maximum 3,800-foot length of stream, · benchmarks are available adjacent to the project location, · every 50~i'eet - channel X-sections, streambank to streambank; including streambank slides, · every 200 feet - valley X-sections, carried out to an elevation of ten feet above creek bank, The survey will produce a CADD base map of the stream and valley covering project site. The map scale x~411 be one inch equal to 50 feet, with two-foot contours. Prepare legal descriptions for access, construction and maintenance easements for properties along West Hylebos Creek between S 356~ St. and SR-99. The legal description will be tied to a property comer and based on the centerline of the creek with changes in the width of the easement for the different purposes of the easements. Produc~: · Field topographic survey · CADD base map of the project site covering up to 3,800 linear feet of stream · Legal descriptions for easements for access, construction and maintenance of stream enhancements alone West Hylebos Creek between S. 356th St. and SR-99. 1.5 Hydrologic, Hydraulic and Sediment Transport Modeling of the Project Site It is assumed that this project can use existing stream hydrology developed in past studies of Hylebos Creek. The existing HSPF model for the watershed will be reviewed. If necessary, it will be modified to incorporate the storage from the Kitts Comer and the Panther Lake projects. One mn for existing conditions and one for future conditions will be made. Since the project will involve stabilization measures, an approximate estimate of peak flows will be adequate. Project hydraulics will be modeled using the HECRAS Model. This model provides good estimates of depth and flow velocity, key factors in analyzing stream channel stability problems. It also has good graphic output capabilities. The topographic data from Task 4 will be used to develop input for the HECRAS Model. Modeling will be limited to the same 3,800-foot section of the creek as is surveyed under Task 4. The model will be run using the peak flows for the two-, ten-, 25 and 100-year event. The output will aid in designing channel stabilization and habitat features. - 11 Standard methodologies (such as Yang for velocity.and Meyer-Peter and Muller for flow depth) for CalCUlating sediment transport will be used. These should be adequate. More sophisticated computer models will not be necessary and.would require substantially more data to calibrate. A Hydraulic Analysis Memo will be provided to the City summarizing the results of the HSPF and HEC .RAS models. A profile of the two-, ten~, 25 .and 100-year Hydraulic Grade Lines will be provided with the memo. The results of the sediment transport analysis will be included. . Product: · Memo outlining the results of the hydrologic, hydraulic and sediment transport models. 1.6 Design 1.6.1 Concepts Consultant will assess and characterize habitat conditions in Hylebos Creek. Strategies to enhance habitat for multiple fish species and life stages and to stabilize banks will be included. Methodologies will evaluate riparian conditions, spawning and rearing conditions and winter refugia. Potential solutions to enhance habitat will address watershed processes, preservation of existing high quality habitat, and. reconnection of off-channel habitats as high priorities followed by in-stream enhancements. Consultant will meet with property owners to define property owner concerns. Consultant will evaluate geomorphology, hydraulics, channel stability and aquatic biology (fish species, life cycles, food sources, habitat structure and water quality). Consultant will establish channel cross sections based on hydrologic, hydraulic and sediment transport evaluations. A reference reach will be identified and compared. Historical aerial photographs will be reviewed to identify channel conditions prior to urbanization. The proposed low flow channel for habitat purposes will be sized for the future one and one-half to two-year event bank full conditions. Meander patterns will be defined where appropriate. Complex habitat involving stationary and dynamic large woody debris will be incorporated. Where necessary, bank stabilization will be achieved with bio-engineering concepts where possible. Overflow floodplain and flood plain stabilization measures will be identified and incorporated into the design. Consultant will identify and incorporate opportunities for habitat re-connection such as off-channel ponds. , The consultant team will develop a conceptual set of fish habitat enhancements and bank stabilization measures for the west fork of Hylebos Creek between SR-99 and Hylebos State Park and present them to City staff. Based on City staff comments, individual improvements will be selected and the consultant team will proceed with design. Consultant will meet once with staff to present concepts. Consultant will present concepts to the City Council. Products: · Individual meetings with four property owners · One staff presentation attended by four consultant staff · Council presentation attended by one consultant staff · Conceptual fish habitat plans - 12 - ' 1.6.2 Produce 60% Drawings 'The consultant team will produce 60%-level .drawings of the project. These drawings will show the project, disturbance limits, typical cross-sections and stream profile, details, and construction notes. For cost estimating purposes, it is assumed that there will be twelve plan and profile drawings of channel/habitat improvements, three ESC/revegetation.drawings and three derails sheets, plus a cover sheet. Easements will be shown on the drawings, based upon information supplied by the City. Consultant will prepare legal descriptions for temporary construction and permanent easements. The project site will be located in an environmentally sensitive area. Construction access will be carefully considered and appropriate Contractor restrictions identified. A preliminary cost opinion will also be included. Five fulPsize sets of plans will be provided to the City. CIt2M HILL will attend one meeting with City staff to review comments. Products: · Five full-size sets of the 60% Plans · One staff presentation (2 consultant team members) · Minutes documenting City changes to the 60% Plans · Council presentation (1 consultant staff) 1.6.3 Produce 80% Drawings and Specifications Following input from the City, CH2M HILL will produce the 80%-Level Drawings. The drawings will contain the appropriate temporary erosion and sediment control measures and a revegetation plan. The drawings will also be modified to reflect comments from the permitting agencies. The project specifications will also be prepared. The City will provide CH2M HILL with a disk containing the City standard specifications. A detailed engineering cost opinion will be provided. CH2M HILL will attend one meeting with City staffto review final comments. Products: · Five full-size sets of the 80% Plans · Three copies of the draft specifications · Engineers Cost Opinion · One staff presentation (2 consultant team members) · Minutes documenting City changes to the 80% Plans · Council presentation (1 consultant) 1.6.4 Produce 100% Drawings and Specifications Thc final plans, specification and cost estimate will be prepared, incorporating the final City comments. Products: · One set of full size mylars · 1 set of half size mylars · 1 set of camera-ready specifications · Engineer's Cost Opinion · CD containing the above (drawings provided in AutoCAD Format) ' 1.6.5 Services During Bidding CH2M HILL Will assist the City in ansWering questions from prOspective bidders and will attend the pre- construction-conference to answer questions that the selected Contractor may have. During construction it is understood that the City will be responsible for all construction services. However, CH2M HILL will be available to answer technical questions that may arise concerning the project design. The level of effort for Post-Design services is assumed to not exceed 24 staff hours including up to 8 hours of geotechnical engineers. Products · Attendance at pre-construction conference (2 consultant team member) 1.6.6 Monitoring plan Consultant will identify 3 response reaches of the channel for on-going monitoring purposes and will prepare a plan for on-going monitoring. Monitoring will identify the effectiveness of the project on channel processes and habitat enhancement. Actual monitoring is not included in the budget and will require an amendment to the scope of services. Product · Technical memorandum outlining monitoring program 1.7 Permitting Simultaneously with the submission of the 30% Drawings to the City, CH2M HILL will prepare and submit a JARPA application. This application will be sent to Ecology (supporting 401 Water Quality Certification) and State Fish and Wildlife (Hydraulic Project Approval). Contact the Corps of Engineers to determine if a Section 404 permit and federal consultation for ESA will be required. Complete application for a section 404 permit. We will also prepare the City Clearing and Grading Permit along with a narrative covering the temporary erosion and sediment control plan for the project. Consultant will prepare for and attend three meetings with regulatory agencies. It is assumed that any permit fees will be paid directly by the City. Consultant will prepare and submit a Biological Assessment for the project. It is fissumed that no special sensitive areas report nor any shorelines permit will be needed for the project. The scope for this task includes one round of clarifications with the agencies, if necessary. Products: · JARPA application · Biological Assessment · Section 401 certification application · Section 404 permit application · Grading Permit Application :1_4 - 1.8 Public Input and SEPA Documentation - ' Although only a HPA 'and city permits are. anticipated, CH2M HILL will contact the. following resources agencies 'to discuss the recommended stream enhancement project: NatiOnal Marine Fisheries Service, Corps of Engineers, State Fi.sh and Wildlife. The purpose of the discussions will be to alert ~he agencies to the potential projects and to receive early input on possible stream or fisheries issues. CH2M HILL will. provide a memo summarizing these discussions and any agency concerns. CH2M HILL will attend two public meetings to present habitat project recommendations. It is assumed that the City will publicize and host this meeting. We will provide a large-scale color map of the Project Area, highlighting the identified problem sites and the proposed solutions. We will prepare technical presentations and be available to answer questions. Following the meeting, we will prepare a summary of issues brought up at the meeting and potential resolution. CH2M HILL wilt-~prepare a SEPA Environmental Checklist for the project(s). This Checklist will be provided to the City on disk for the City's use in the SEPA Process. CH2M HILL will provide responses and clarifications to agency comments which may be received during the SEPA Process. It is assumed that the SEPA Process will culminate in a Negative Declaration and that no environmental impact statement will be required. Products: · Presentation at two public meetings (3 consultant team members) · Presentation at two meetings with regulatory agencies (3 consultant team members) Memo on Issues from the regulatory agencies and the public meetings Electronic File of Draft SEPA Checklist and permit applications Task 2 Flood Hazards at 373ra Based on the results of the field reconnaissance, geomorphic analysis, and the hydraulic modeling, the consultant team will develop recommendations for reducing flood hazards at S 373rd. The range of potential solutions will include but are not limited to: · replacement of the bridge at the same or a different location to provide, additional conveyance capacity, raising the road and bridge, or installing a different type of bridge, · identify sources of gravel and opportunities to reduce stream bank erosion through bank stabilization or flow reduction (detention), channel improvements to prevent deposition of gravel at bridge location ° facilities to encourage gravel deposition at alternative locations and identifying maintenance issues. · Do nothing except develop long term gravel removal program. Opportunities to incorporate habitat enhancements into solutions and opportunities to provide long-term habitat enhancement as adjacent properties are redeveloped will be included. Long-term maintenance needs for each option will be identified. CH2MHILL will contact the WDFW and identify concerns and opportunities regarding gravel removal. Based on WDFW comments, a conceptual plan will be developed for reducing flood hazards including mitigating measures. The plan will include opportunities to stabilize gravel sources and to incorporate habitat enhancements. A concept for enhancing habitat on adjacent properties will be prepared for potential imt~lementation as the properties are developed. - 15 - A draft technical memorandum will be prepared describing issues, alternative solutions, advantages and. disadvantages of each alternative and a recommended plan. The flood hazards at S 373ra will be addre'ssed along with a concept for enhancing wetland and stream habitat in' the immediate Vicinity. Based on City review comments, a final technical memorandum will be prepared. Design of a selected solution is not included in the budget for this project and would requir.e an amendment to this scope of services. Products: · Telephone communications with WDFW · Draft technical memorandum · Presentation at one public meeting · Final technical memorandum Task 3 Trail Feasibility The consultant team will investigate the potential to construct a public trail along portions of Hylebos Creek from Hylebos Wetlands State Park along Hylebos Creek south to SR-99. Potential connections to the powerline trail to the north and to other trails or destinations at the south end will be identified. Potential parking and access locations will be identified at a northern and a southern terminus. Private property ox~,ners will be identified and contacted (upon City approval) to obtain property owners' input on trail location and their interest in issues including acquisition of appropriate fights (fee simple, or easements). A concept for interpretive information will be developed. This will include potential story lines and appropriate media such as trailside exhibits and printed materials, interpretive kiosks and exhibit panels. A conceptual plan for the trail and interpretive facilities will be prepared. The plan will be presented to City staff and reviewed. Based on City comments, the plan will be revised. The plan will be submitted the Parks Commission for consideration of adding to the Parks CIP. Consultant will prepare for and present the plan at a Parks Commission meeting, one public meeting in the vicinity of the project and two meetings of city-wide community organizations. The City will make all arrangements and advertisements for the public meetings. Based on citizen and staff comments, the plan will be revised and a final concept plan for the trail ~vill be prepared. Products: · Preliminary draft and draft concept plan · Public open house · Presentations to staff work sessions (1 consultant team member) · Presentations to permit agencies (3 consultant team members) · Presentation to the Parks Commission (2 consultant team members) · Presentations to City Council or Council committees (2 consultant team members) PROJECT SCHEDULE Assuming a Notice to Proceed on the project is received on or before June 20, the project will be carried out on the following project schedule: · Project Team Reconnaissance of the Stream - June 28 · Submit concept plan for trail to Parks Commission ~ July 26 · Presentation to Parks Commission - September 19 · Draft Technical Memo for flooding at 373rd - July 30 · Draft Technical Memo for habitat enhancement - September 30 · Public Meeting and Draft SEPA Checklist - November 15 · 30% Drawings and submit permit applications - November 15 · 60 % Drawings - February 14, 2003 · 80% Drawings - March 21, 2003 · 100% Drawings - April 25, 2003 CITY PROVIDED SERVICES City will provide to Contractor all data in City's possession relating to Contractor's services on thc project. Contractor will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by City. · City will arrange and conduct public meetings · City will obtain permission to access private properly for stream walks and survey crews. · Electronic File of Standard City Specifications · City will be responsible for carrying out the SEPA documentation process for the project, using the Draft SEPA Checklist provided by CH2M HILL. 1'7 Bruce Dees & Associates Hylebos Creek Trail Feasibility Scope of Work Description: The trail Feasibility Plan will cover the Hylebos Creek Corridor within the City of Federal Way along the west fork from the power line trail north around the Wetlands State Park and south to 373rd with potential connections identified. In general, the project will entail producing a master plan, estimate of probable construction cost, and suggested phasing plan, working with the City staffand permit agencies. The specific scope of work is as follows: Taskl: Background Studies mo Staff Work Session (Mtg. #1) Consultant Team: The consultant team will present thc project schedule and process. 2. City Staff: Staffwill present project background. Staffwill present City codes/standards/policies/issues related to site. B. Backgrouud Studies 1. Existing Available Information (-Reports & Studies): BD&A will review existing available information. In addition, we will research existing information that pertains to Staff and City Council's needs and concerns. BD&A will review existing available plans and documents, existing topographic data and aerial photography of the site as part of this stage. We will use this and existing information to analyze the physical conditions and constraints of the site. We will sunvnanze the background information in written form. 2. Site Reconnaissance: BD&A will conduct a site reconnaissance of the entire creek corridor identifying possible trail routes. We will document: ao Areas of possible impact on land owners. Unique features for aesthetic, educational, and interpretive opportunities and value. Hazardous areas to be avoided. Sensitive areas to avoid or protect. Linkage to other recreation opportunities. 3. Property Owner Meetings: BD&A will meet with all property owners along the probable route (who are xvilling to meet with us) to determine their needs/concerns, issues for the adjacent property owners, the types of law enforcement that can be expected, and to answer questions that they may have. We anticipate that it may take several meetings with some of the landowners for all of then' questions to be answered. We will summarize the information in written fornL 18 Do Task 2: A. Formulate DeveloPment Framework 1. Consultant Team: BD&A will formulate a "development framework". A composite of the City's policies/codes/development standards related to this project will be used as a guide and reference throughout the design process. This will be reviewed at the begihning of each staff' work session to verify consultant/staff understanding and consensus. 2. City Staff: In order to facilitate the project schedule, it will be the responsibility of the staffto provide the consultant/staff team with relevant information necessary for the consultant/staff team to make necessary decisions quickly. Exceptions and potential variances to the development framework will be a part of this. Permit Agency Meeting (Mtg. #2) BD&A will work with CH2MItill in organizing and facilitating a meeting with the various local, state, and federal permit agencies who will have jurisdiction over the project. Potential agencies include: · U.S. Army Corps of Engineers · U.S. Environmental Protection Agency · U.S. Fish & Wildlife · National Marine Fisheries Service · The Puyallup Tribe · Washington State Department of Fish & Wildlife · Washington State Department of Ecology · Federal Way Planning Department The purpose of this meeting is to explain the intent of the project and gather the agencies needs, concerns, and regulatory conslzaints prior to starting design. Deliverables Metnoraildunl detailing the feasibility of a trail based on potential permits, stream and wetland setbacks, property owner issues and conflicts, and the ability to obtain easements or fee simple acquisition. Develop Alternative Designs Public Meeting (Mtg. #3) Parks Conunission will host a public open house for citizen input. BD&A will facilitate presentation. B. Alternative Conceptual Design Studies The consultant team will develop a number of alternative routes in order to progress towards a selected route. In this effort, we will address the design criteria and the program that has evolved - 19 - Task 3: A. to this point. We will assess the relative' environmental impacts and benefits, as well"as the relative costs of each alternative, and display this information in the form of a matrix (chart). 1. Layout: A series of alternatives will be developed considering: · Impacts on land owners. · Permit requirements. · Requirements for grade, width, access, safety and aesthetics. 2. Trail Materials: Alternative trail materials will be explored for the various site conditions including: · Floating and fixed boardwalks. Porous aggregate. · Traditional surfacing. 3. Trailheads: Alternative locations and layouts for trailhead, trail access points and linkages will be explored, including parking configurations. 4. Interpretive Opportunities: Educational and interpretive opportunities, including location and methods to convey messages will be explored. Scaled drawings and illustrations will be developed which graphically describe the various route alternatives and building materials. Each plan will be sufficiently detailed to convey the conceptual differences between the alternatives. Prepare a memorandum that refines the feasibility issues discussed in Task 1. Deliverables · Alternative Conceptual Design Studies · Expanded Feasibility Memorandum · Presentation at Par ~ks Commission Open House Refine Alternative Plans Staff Work Session (Mtg. #4) At this meeting staff will review alternative plans and select altematives for BD&A to refine. Staff will also provide direction to consultant on presentation format and materials required for upcoming public meetings (#5, #6 &#7). - 2O Be Co Refine Alternative Plan Alternative plans selected by the staff will be refined, and preliminary mitigation plans and preliminary cost estimates developed. Feasibility-level cost estimates will be prepared for the route and related components for up to three (3) alternatives. Bruce Dees and Associates will evaluate plans for connectivity and integration of other potential trail and recreation linkages, Parks Commission Meeting (Mtg. # 5) At this meeting, BD&A will present a brief presentation on alternatives. I). Council Committee Meeting (Mtg. #6) Eo Task 4: A. Bo At this meeting, BD&A will present a brief presentation on alternatives, including Parks Commission's preferred alternative. City Council Meeting (Mtg. #7) At this meeting, BD&A will present a brief presentation on alternatives, including the Council Committees preferred alternative. Deliverables · Staff Work Session · Parks Commission Meeting · Council Committee Meeting · Council Meeting Finalize Alternative Plan Finalize Alternative Plan 1. Layout: The selected plan will be drafted in Autocad for careful evaluation. The mitigation plan and cost estimate for the selected alternative will be refined. 2. Cost/Benefit Comparison of Alternatives: BD&A will develop all capital costs appropriate for inclusion in the city's CFP documents. BD&A will also participate in developing the more subjective benefit side of the comparison. This will entail a discussion of how the alternative meets the needs and concerns of the affected landowners, entire community, as well as the specific needs and concern of the Parks Department, Public Works, and other interested parties. Permit Agency Meeting (Mtg. #8) This meeting with the permit agencies will be held to present thc selected alternative plan to the agencies and receive input prior to developing a preliminary master plan. - 21 - Co Task 5: A. Bo Do Staff Work Session (Mtg. #9) This work session is for city staff to answer any queshons of the consultant regarding the final alternative and provide direction to BD&A to proceed with master plan. Deliverables · Alternative Plan · Staff Work Session · Permit Agency Meeting Preliminary Master Plan Preliminary Phasing Plan and Cost Estimate A preliminary phasing plan and probable construction cost estimate for the selected alternative will be developed. Preliminary Master Plan The preliminary master plan will be drawn at the same scale as the final master plan and will include all necessary graphic and technical information necessary to convey the design intent and demonstrate how the plan addresses the development framework and public input. The product will include: 1. Illustrative Site Plan: Render the final plan. 2. Preliminary Cost Estimate 3. Suggested Construction Phasing: BD&A will assist in identifying phases for construction based upon,community need, logical construction sequence, and probable funding. BD&A will consider phasing trail segments that could stand alone, and take into account future connections. Staff Work Session (Mtg. #10) This meeting is held to review thc master plan, phasing plan, and probable construction cost. Staff to provide direction on consultants presentation for meetings #10, #11 & #12. Parks Commission Meeting (Mtg. #11) At this meeting, BD&A will present a brief presentation on the master plan, including the cost estimate and phasing plan. - 22 - E. City Council Committee Meetings (Mtg. #1'2) At this meeting BD&A will pt:esent a brief'presentation on the master plan indluding the cost estimate and phasing plan and the Parks commission's recommendation. F, City Council Meeting (Mtg. #13) BD&A will present a brief presentation on the master plan including the cost estimate and phasing plan and the Council Committee's recommendation. Deliverables · Preliminary Phasing Plan and Cost Estimate Illustrative Site Plan: Render Final Plan · Staff Work Session · Parks Commission Meeting · Council Committee Meeting · Council Meeting Task 6: Final Master Plan A. Final Master Plan BD&Awill incorporate the input we have received into the final master plan. The following items will be provided including revised cost estimates: Bo · 24" x 36" rendered and mounted Master Plan · 24" x 36" reproducible copy of the Master Plan · 11" x 17" colored and mounted copy of the Master Plan · 8 ½" x 11" black and white reproducible original of Master Plan · 2 slides of rendered Master Plan · Master Plan Summary Report (2-5 pages) Staff Work Session- (Mtg. #14) BD&A will present the final master plan, summary report, and cost estimate to the staff. C. Deliverables · Final master plan drawings, summary report, and cost estimates as described in Task 6 (A) (include electronic copy). · Staff work session. WORK PROVIDED BY TIIE CITY Video Recording and Rebroadcast Thc City will be responsible for all necessary work and costs associated with video recording and rebroadcast costs. 23 Topograplfic Mapping CH2MHILL will provide site mapping'suitable for master plan level .design, showing the .boundaries and all easements and restrictions. The survey will include items noted in a survey checklist provided by BD&A to the City. An electronic copy in AutoCAD Release 14 will be provided to BD&A. ' Level I Analysis (Preliminary Environmental Risk Assessment) The City will provide any existing geotechnical information. The City will provide a preliminary environmental assessment of the site, which identifies whether or not past site activities adversely affected soil or groundwater quality, or if there are hazardous materials present on site for that portion between S 356th Street and SR-99. 24 - GeoEngineers Scope of Services for Geomorphic. Evaluation of Hylebos Creek Channel Restoration Introduction The purpose of these services is to provide a qualitative evaluation of channel conditions in the upper Hylebos Creek drainage system, and assess geomorphic conditions contributing to periodic flooding of the creek at the S. 373rd Slreet bridge. We understand that the results of our evaluation will be used by the consultant team as a basis for development and placement of channel stabilization measures and aquatic habitat improvements to be located between S. 356t~ Street and SR - 99 and in development ora long-term strategy for resolving the sediment deposition issues at S. 373ra St. SCOPE Our specific scope of services is. provided below. CH2MHILL's draft Scope of Work. Major tasks and task numbers correlate with Task 1 Project Management 1.1 Attend one kickoff meeting with the consultant team and City of Federal Way. We understand the meeting will be held at the City of Federal Way. 1.2 Provide monthly written reports summarizing the progress to date. The reports will be submitted to CH2MHill at the end of each month. Task 2 Information Review, Channel Reconnaissance, Sample Collection and Testing 2.1 Review information compiled and provided by CIt2MHill and the City of Federal Way regarding Hylelos Creek. The information will include the following: . · . Topographic surveys · Aerial photos · Basin Plans · Past reports for previous stream studies and repairs · Existing hydraulic and sediment transport studies. 2.2 We will also review pertinent information available in GeoEngineers' files including: · Geological maps · Soils maps · Sensitive areas maps · Ground water studies - 25 - · Project.reP0rts that may contain pertinent information 2.3 Participate in interviews of city staff, area residents and property owners. We anticipate one day of face- to-face interview activity;the remainder of the interviews will be conducted by phone. Arrangements for the interviews will be accomplished by CH2MHill. 2.4 Provide a brief written summary of relevant information from our review of the available data and interviews. Our report will be incorporated into one summary document by CH2MHill for reference by the consultant team and the City. 2.5 Update GIS project area maps to reflect information collected during our information review and interviews. The type of information contributed by GeoEngineers will include unstable slopes, sediment sources areas, channel erosion and deposition and areas subject to flooding. 2.6 Conduct a reconnaissance of the West Fork Hylebos Creek and two tributaries to the West Fork. Reconnaissance of the West Fork will consist of key members of the consultant team walking the channel from just upstream of 356u~ Street to roughly 500 feet downstream of the 373~d Street bridge. "Frozen Core"sediment samples will be collected from two private properties for which access is limited. We expect the West Fork reconnaissance will require one day to complete. Reconnaissance of the two West Fork tributaries will be conducted by GeoEngineers in a separate, one day site visit. 2.7 One meeting with the consultant team to discuss sites for the collection of additional "frozen core" sediment samples. The purpose of the samples is to provide information for hydraulic modeling and design purposes. 2.8 Collect additional "frozen core" sediment samples from the selected sample sites. We have allocated one person day for collection. 2.9 Conduct grain size analysis for up to 10 collected sediment samples. Task 3 Geomorphic Evaluation 3.1 Review the results of the topographic survey and Hydrologic/Itydraulic modeling performed by Ctt2MHilI. 3.2 Qualitatively evaluate thc existing condition of the stream based on the results of our information review (Task 2), site reconnaissance and sediment testing. 3.3 Update problems and opportunities areas on the GIS mat) developed under Task 2. 26 3.4 Identify geomorphic issues causing or contributing to flooding at the 373rd Street.bridge. 3.5 P?epare a draft report summarizing existing and potential 'future geomorphic channel conditions for current and expected future hydrologic regimes. Hydrologic modeling will be accomplished by CH2MHill and the data provided to GeoEng!neers for our review. 3.6 One meeting with the City to discuss draft report review comments. 3.7 Prepare the finalize report. Task 4. Flood Hazards at 373rd Street 4.1 Assist CH2~itill to develop alternative concepts for reducing flooding at 373ra Street. 4.2 Conduct a qualitative downstream impacts evaluation for each alternative concept. 4.3 Prepare a draft memorandum surmnarizing the results of Tasks 6.1 and 6.2. The draft memorandum will be finalized following receipt of comments from CH2MHill and the City. We understand that portions of the memo will be included in a report prepared by CH2MHill regarding channel enhancement recommendations and flood reduction concepts. Task 5. Fish Habitat Enhancement 5.1 Attend one meeting with the consultant team to discuss habitat improvements. GeoEngineers will provide geomorphic and geotechnical input regarding the placement and potential response of the channel to enhancement projects. 5.2 Provide a geotechnical review of 60 percent and 90 percent habitat enhance .ment projects plans and specifications. G :~lawfom~sLPSA Rev. 02./02 k:~contract~2002Xhylcbos restoration.doc KSSWMyrojects\Whylcbos Restoration~rofessiomal Services Agreement,doc - 27 CITY OF ~ DATE: TO: FROM: VIA: SUBJECT: July 29, 2002 Eric Faison, Chair Land Use / Transportation Committee Leslie Ryan-Connelly, ESA/NPDES Coordinator Paul A. Bucmh, P.E., Surface Water Manage;~ A David H. M ~~~ger Watershed Plannlflg Activities Within WRIA 10 BACKGROUND As a complement to last month's presentation on Sahnon Habitat Conservation activities iu the Green/Duwamish and Central Puget Sound Watersheds, this briefing is on similar activities in the Puyallup and Hylebos Creek Watersheds. The fundamental difference between activities in the Puyallup versus the Green/Duwamish Watershed is that there is no central organizing entity coordinating watershed and sahnon habitat restoration activities in the Puyallup River Watershed. Various entities and organizations are taking leadership roles to implement key planning activities and tasks. The Puyallup River Watershed, catalogued as Water Resource Inventory Area 10 by the State Department of Ecology, drains three-quarters of Mount Rainier. The area also includes smaller tributaries along the Puget Sound shoreline such as Hylebos Creek in Federal Way, Puget Creek in Tacoma, and the Puget Sound shoreline south of Dumas Bay and north of the Tacoma Narrows (see attached map). There are various watershed planning and habitat restoration activities occurring in the watershed at the federal, state, and local levels. The US Army Corps of Engiueers is currently working on three General Investigations in the Puyallup River Watershed. General hwestigations are conducted to assess the feasibility of the Army Corps starting new habitat restoration projects, and is a mirror eflbrt of the Ecosyste~n Restoration Project currently being implemented in the Green/Duwamish Watershed of which Federal Way is a participant. The three investigations are: Puget Sound Nearshore with the State Fish and Wildlife Department as the local partner (restoration projects to begin 2008); Commencement Bay with no local partner yet identified; and the White and Puyallup Rivers with Pierce County as the local partner (with restoration projects to begin in 2006). It has yet to be determined under which General hwestigation study will include the Hylebos Creek Watershed. The cleanup of contamination and restoration of ecosystem function is ongoing in the Hylebos Waterway in tile Port of Tacoma under the federal Superfimd and Natural Resource Damage Assessment programs. Cleanup and restoration of the waterway is expected to start in 2003. The opportunity exists for habitat mitigation activities to occur further up the Hylebos Creek watershed as Port activities limit the amount of available habitat in the estuary. Pierce County is spearheading two sahnon habitat restoration activities. One such effort is the Ecosystem Diagnosis and Treatlnent model (EDT). This model helps prioritize the implementation of sahnon habitat restoration projects based upon best available scieuce and knowledge. Initial results were completed in 2000, which included a ranked list of salmon habitat restoration projects in the ltylebos Creek Watershed. The County is currently launching an effort to annually update the model with the latest scientific intbrmation as it becomes available for a more finely tuned analysis. The major limitation of the model is that it is only as good as the informatiou put into it. Scientific unknowns and uncertainties not well represented can influence tile model's resu Its. Pierce County is also the Lead Entity for the state Salmon Recovery Funding Board program.. The Salmon Recovery Funding Board oversees distribution of state and federal grants for salmon habitat restoration. Under this program, state law requires that each watershed implement this granting program through a local'Lead Entity, which coordinates the grant application and review process at the local watershed level. In this role, Pierce County coordinates development ora Salmon Restoration Strategy for the Watershed, the grant evaluation process through a Citizens Advisory Committee, and presentation of the locally ranked grant applications to the state Salmon Recovery Funding Board. The Pierce County Executive appointed the Puyallup River Watershed Council (PRWC) as the Citizens Advisory Committee for the Puyallup River and Chambers/Clover Creek Watersheds. Federal Way is a member of the Fish and Wildlife Committee, which reviews the grant applications for benefits to salmon for the Citizens Advisory Committee. The Puyallup River Watershed Council was formed in 1994 by Pierce County as an advisory group on non-point source pollution issues. Since that time, the Council has evolved into a public forum for many watershed related issues. The Council became a non-profit organization in 2001 in an effort to formalize the organization and pursue funding for watershed activities. Federal Way participates in the Council forum as well as the Education, Water Issues, and Fish and Wildlife Committees. While tile Hylebos Creek is included in the Puyallup River Watershed, it is no longer directly connected to the river. The Hylebos Watershed Action Committee was formed in 1999 to coordinate salmon habitat restoration activities specific to Hylebos Creek. The Committee is a volunteer group including jurisdictions, citizens and Friends of the Hylebos Wetland. Federal Way is co-chair of the Committee. The Committee is currently developing a scope of work for a basin-wide watershed salmon habitat restoration plan with the assistance of the US Army Corps of Engineers. Once the scope of work is complete and accepted by all the jurisdictions within the Hylebos Creek watershed, a consultant will be hired to develop the restoration plan for the benefit of all Hylebos Watershed Action Committee members. The City of Federal Way has no direct financial participation in any of the above activities. However, jurisdictions within the Puyallup River and Hylebos Creek Watersheds are being asked to contribute financially to a number of the above efforts. Pierce County is seeking contributions for local matching funds toward the Puyallup/White River General Investigation Study with the US Army Corps of Engineers. Staff will be evaluating this request to see if the study will include the Hylebos Creek Watershed. The Puyallup River Watershed Council is also approaching local jurisdictions for financial support to hire a Watershed Coordinator. The Watershed Coordinator would assist the Council it meeting its goals and objectives including providing coordination services for the various activities occurring throughout the watershed. The council has not yet asked the City of Federal Way for support, but has already approached other jurisdictions within the watershed. Finally, the Hylebos Watershed Action Committee will be looking to jurisdictions within the watershed to fund development of the Hylebos Watershed Sahnon Habitat Restoration Plan upon completion of the scope of work this smnmer. RECOMMENDATION At this time, there is no action necessary by the Land Use / Transportation Committee. The Surface Water Management Division is informing the Committee of Federal Way's participation in Puyallup River and Hylebos Creek Watershed Activities. PB:dl cc: Prqject File [)ay File cD b 0 ~ _0 0